Zf^'-i-^ Siiji: Km ^vmell Urnvmitg Jitotg THE GIFT OF KJUuJ 4fi^ 95^0d3i-'bou€xmt^ O^jj^ A^aSH-oSS it/xir/ii/. 97J4 The date shows ^en this volume was taken. To renew this book copy the call Nb'^ and give to the librarian iQi:% 4%: HOME USE RULES. All Books subject te Recall All books must be re- turned at end of college year for inspection and repairs. Students iriust re- turn all books before leaving town. Ofl&cers , should arrange for the return of books wanted during , their absence fromtown. Books needed by more than one person are held on the reserve .^Kst. , . Volumes of periodi- cals and of pamphlets are held ill the library as much as pps^ble. Ebr special purposes they are given out for a limited tin^e. BoJTOwjErs should not use 'their library privileges for the bene- fit of other persons. Books of special value, and g^t books, when the g^iver wishes it, are not allowed to circulate. Readers are asked ib report all cases of books marked or mutilated. Doi not deface boolcs by marks and writing. J87 .Nriz^il'ia"'™"'*^ """^ '""MlililiiiiiiniiilM^^^ Clin ^ ^924 030 431 823 r^vcn Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030431823 STATE OF NEW YORK PUBLIC PAPERS OF WILLIAM SULZER GOVERNOR w^^dk «-czr J. B. LYON COnPANY, PRINTERS 1914 STATE OF NEW YORK PUBLIC PAPERS OF WILLIAM 5ULZER GOVERNOR JANUARY 1 TO OCTOBER 17, 1913 ALBANY J. B. LVON COnPANY, PRINTERS 1914 BIOGRAPHY OF GOVERNOR WILLIAM SULZER By . Edgar L. ^I^Iurlin William Sulzer, the forty-first Governor of New York State, was born in an old brick house on Liberty street, Elizabeth, New Jersey, on March 18, 1863. He is the second son of a family of seven children — five boys and two girls. Lydia Sulzer, his mother, was of Dutch and Scotch- Irish ancestry. Thomas Sulzer, his father, was born in Germany, and while a student at Heidelberg Uni- versity, in 1848, joined the patriot anriy and fbught to establish constitutional government. He was captured and put in prison, but made his escape to Switzerland — thence emigrating to New York city in 1851. He married there, and the family afterward moved to Elizabeth, N. J., and subsequently bought a farm at Wheatsheaf, a suburb of the former place, where the son, William, aided in the farm work, until he went to New York to study law. William Sulzer was educated in the country school, and graduated from a grammar school in 1877. His parents desired him to study for the ministry, but he became interested in the legal profession and entered Columbia College Law School. He also studied law with Parrish and Pendleton in New York city. In 1884 at the age of 21 years he was admitted to the practice of law at a General Term of the Supreme Court held in New York city, and at once opened a law office and began his life work as a lawyer. Early in his career he became a successful lawyer, and [iii] iv BiOGEAPHr OF William Sulzek throughout his long public service has been more or less engaged in the practice of his chosen profession. He first entered political life prominently during the Presidential campaign of 18M, which terminated in the election of Grover Cleveland as President. Mr. Sulzer upon this occasion was one of the cam- paign speakers of the DemqcEatiq National Committee. Ever since 1884 he haS: participated actively in the speaking campaigns of the Democratic Party at each successive election. In 1889 Mr. Sulzer was elected an Assemblyman from .the fourteenth Assembly district on an inde- pendent ticket, being then only twenty-six years of age, winning the electipji by a plurality of about 800 votes, his chief platform being that the Broadway i^ailway franchise should not be granted in perpetuity to a private monopoly. He was re-elected to the As- sembly in 1890, 1891, 1892 and 1893, and each year by increased majorities. Soon after Mr. Sulzer 's election to the Assembly he became widely known as an advocate of social, political and economic reforms, the chief among which were embodied in bills abolishing " sweat shops "; providing free lectures for working people; abolishing imprisonment for debt; providing for a Constitutional Convention ; establishing ' ' Freedom of Worship "; providing for the State care of the in- sanei; for ballot reform; for the punishment of cor- rupt election practices; abolishing corporal punish- ment in the prisons; limiting hours of labor; estab- lishing a Saturday half holiday; providing for a weekly payment of wages; establishing a woman's reformatory ; and for an epileptic colony. These bills introduced and advocated by Mr. Sulzer became laws. B.IOGRAPHY 0.F WiLLIAM SxiLZEE V Tke '' Freedom of Worship " bill, gave to the inmate of any State institution the, right to worship God aGCordijig to the dictates of his conscience. Up to the passage of the ' ' State Care Act ' ' a large proportion of the insane people of the State whose relatives were too poor to have them cared for in private hospitals for the insane were in: charge of local authorities. The " State Care Act " placed all the hospitals in charge of the State government and greatly improved the means taken to restore the inmates of these hospitals to health. The title of the Saturday ' ' half -holiday ' ' act indi- cates the purpose of the measure — to give a longer period of rest for all workers. The women's reforma- tory was a much needed institution, and since it was establis.hed has finely accomplished the aims of those who suggested it. The law providing for free lec- tures for workingmen and working women has devel- oped since in New York city into its magnificent lecture and musical entertainment sys^tem, where hundreds of lectures and musical entertainments are yearly given. Mr. Sulzer, as a member of the Assembly, also in- tFoducerd and persuaded the Legislature to pass a law for the Columbian Celebration in New York city; a law codifying the s,tatutes of the State ; a law codify- ing the laws relating, to the quarantine station; a law opening Stuyvesant Park, New York city, to the use of the people; a law opening New York's greatest art gallery, the Metropolitan Museum ., of , Art, to people on Simday; a, law providing a prevailing rate of wage for working people ; a law for a State forest park; the law for the preservation of the Adirondack forests; a law for the protection of the head waters of the Hudson river and the conservation of the Vi BlOGEAPHY OF WiLLIAM StILZER natural resources of New York State; a law for the completion of the State Capitol; a Constitutional amendment for the enlargement of the State's canals; a law establishing the Aquarium in New York city; a law establishing Bronx and Van Cortlandt parks in New York city; the law establishing the great New York Public Library, with funds largely contributed by Ex-Governor Samuel J. Tilden; and the law com- pelling the New York Central Railroad Company to ventilate and light the Fourth Avenue tunnel. Entering the Assembly as one of its youngest mem- bers in 1890 he rapidly won fame, and power and in- fluence, and was one of the leaders in 18&2, the Demo- crats being in control of the body; Speaker of the Assembly in 1893 ; and leader of the minority in 1894. As Speaker of the Assembly he gave the people one of the cleanest, one of the most economical and one of the shortest sessions of the Legislature in years. He was one of the fairest and most impartial presid- ing officers in the history of the State. In 1894 Mr. Sulzer declined a renomination to the Assembly, and was nominated for Congress by the Democratic party in the Tenth Congressional District, which then formed a part of New York county, on the ' ' East Side " — a strong Republican bailiwick. That year there was a Republican " landslide " and the Democratic party carried only five Congressional districts north of Mason and Dixon's line. Three of these were in New York city and one was Mr. Sulzer 's district. Mr. Sulzer was elected by over 800 majority, although David B. Hill, the Democratic candidate for Governor lost the district by over 11,000. Two years later Mr. Sulzer as a candidate for Congressman was the only Democrat elected in his district, which he car- Biography of William Sxjlzek vii ried by three times the majority he received the first time he ran. This was the year of William J.. Bryan's first campaign as a Democratic candidate for Presi- dent, and although Mr. Sulzer was a staunch sup- porter of Mr. Bryan, the latter lost the Tenth Con- gress District by over 17,000 votes while Mr, Sulzer carried it by over 2,400. Four years later Mr. Mc- Kinley running against Mr. Bryan the second time carried the Tenth Congress District by 11,000, while Mr. Sulzer was elected by over 5,000. In 1906 Mr. Sulzer carried the district by over 11,000, receiving 75 per cent, of the entire vote cast. He. is the only Democrat who has ever been able to carry the old Tenth District since Cleveland carried it for Presi- dent in 1892. For eighteen years Mr. Sulzer was a member of Congress. In that period lie was the author of more than twenty-five distinct bills embodying progressive legislation. One law passed, provided for the raising of the battleship Maine ; a second law provided a light for the Statue of Liberty in New York harbor ; a third law increased the pay of the letter carriers of the country. One of the chief laws framed and pressed by him, created the Bureau of Corporations-^ by which the anti-trust laws have since been enforced. He was the author of and succeeded in passing a pen- sion law for the orphans and widows of the deceased soldiers and sailors of the Union army. He introduced the bill to regulate the interstate commerce railroads; the bill in behalf of victims of the disaster to the steamboat " General Slocum; " a bill to restore the merchant marine by giving preferential duties to American ships ; a bill for federal aid in the construc- tion of good national roads ; a bill to reduce the tariff, viii Biography of William Sulzkh especially on goods, wares and merchandise manu- factured in tihe United States and sold cheaper in foreign countries than here; a bill placing on the free list meat, wood pulp, coal, lumber and white print paper; a bill to establish postal savings banks; a bill to establish a Department of Transportation ; a bill to improve the Foreign Consular and diplomatic serv- ice; and a bill prohibiting the sailing of any ship from the United; States unless equipped with safety devices. He introduced and secured the passage of a resolu- tion expressing sympathy with the Cuban patriots; the resolution of sympathy for the Boers in their heroic struggle to maintain their independence ; the resolution of sympathy with oppressed Russian Jews ; and the resolution abrogating the treaty with Russia, because that government refused to accept passports issued to Jewish citizens of this country. He also introduced a resolution to make October 12th, a legal holiday, to be called ' ' Columbus Day ; ' ' and he intro- duced and secured the passage of a resolution con- gratulating the people of China on the establishment of a republic. Mr; Sulzer wielded a large influence in Congress, especially whien he became Chairman of the House Committee on Foreign Affairs. He steadily opposed any intervention in the affairs of Mexico. He stood firmly for peace, and became the eloquent champion of the rights of Latin America. He was the author of the resolution to abrogate; the Russian treaty of 1832, already referred to. It was passed by a vote of 300 to 1 — a memorial victory for the rights of American citizens. Reisolutions, of which he was the author, provided Biography or William Sulzbb is for an investigation of the corrupt sale of tlie New York Custom House; started the movement for the election /pf United States Senators by the direct vote of the people ; originated the income tajc amendment to the United States Constitution; brought about the abrogation of the Bussian Treaty ; and the establish- ment of the parcels post.: ,; : Foremo:st among the lachieyements of Mr. Sulzer's career in Congress was the passage in the House dur- ing the session of 1912 of his bill establishing a Departujent of Labor with a Secretary in the Cabinet. Smiled at as a preposterous idea tea years agOj this bill finally passed the lower House unanimously. Its passage in the Senate followed, The signing of this Departjiaent of Labor bill was the last official act of President Taf t, and he did so on the personal appeal of Mr. Sulzer. The bill was first intrpdijeed by Mr, Sulzer in 1904, au^d was reintro- duced and advocated by him in every Congress since that time, i In support of the measure, on one occasion, he thus addressed the House of Representatives: " My bill for a department of labor is a meritorious measure and it should be a law. It is the first bill ever introduced in Congress to create a Department of Labor. It is the first attempt to systematically classify labor in an intelligent way that has ever been presented in a bill in Congress, and its enactment into law will evidence a disposition on the part of the Crov- ernment to see to it that labor gets full recognition, the dignity of having a voice in the couneils of State, and the opportunity to have its plainja dispassionately discussed. Give labor this boon and the ' labor ques- tion ' will be reduced to the minimum. ' ' The expense of maintenance of the Department of Labor will practically be but little more than the ex- X BiOGKAPHY OP William Sulzek pense for the maintenance of the various bureaus at the present time. These bureaus will all be in the Department of Labor. I do not think anyone Will take exception to the bill on the ground that it is going to increase the isxpenses of the Government. A few thousand dollars in a matter of so much moment will be of little consequence. I believe that if this bill were on the statute books to-day it would be a long step toward better social, economical, and commercial con- ditions; a progressive advance along the avenues of industrial peace; that it would go far to allay jealousy, establish harmony, promote the general wel- fare, make the employer and employee better friends, prevent strikes, lockouts, blacklists, boycotts, and busi- ness paralysis, and every year save millions and millions of dollars of losses which result necessarily therefrom. " Capital as well as labor should favor this Depart- ment of Labor, because it will go far to solve the labor problem and bring about industriah peace. For years this legislation has been advocated by the wage-earn- ers of the country. The billmeets with their appro- bation and has the' approval of the best thought in our land. It has been indorsed by some of the ablest thinkers, some of the wisest political economists, and ihany of our leading newspapers. The tiihe is ripe, it seems to me, for the creation of a Department of Labor with a secretary having a seat in the Cabinet, with all the rights and powers conferred by this bill. It will bring' labor and capital closer together, and one is dependent on the other. They should be friends — not enemies — and walk hand in hand in the march along the paths of mutual prosperity. This bill, if it- becomes a law, will go far to prevent serious labor ^loaKAPHY OF William Sulzek xi troubles in,tlie future, do much to solve existing labor problems, and every friend of industrial peace gliquld aid in its enactment. ,;Tlie employers, of, labor, as \vell as the employees themselves, whether they belong to trades unions or nofc^, are all, so far as I,hav^ been able to ascertain, in. accord with the: principles of this progressive legislation gj^id heartily approve of this bill." , " , i. It was not until 1912, however, that Mr. Sulzer .suc- ceeded in having the bill favorably reported, and when it came before the House it passed, \yithout a dissent- ing vote. After Mr. Sulzer 's election as Governor he returned to Wasliington and spent about three weeks in Con- gress — partly for, the purpose 'of- urging, the passage in the Senate of his -bill creating a Department of Labor. It passed the Sena.te:the latter part of J^eb- ruary, 1913. , For two weeks prior to its passage friends of; the measure were in frequent communication with Gov- ernor Sulzer reporting its progress. On its passage the Governor exchanged several telegrams and letters with President Taft, urging him to give the measure his official ' approval. In the Senate the bill was slightly amended which made necessary its repassage in the House, where it was in charge of Mr.,^ulzer's friend, Congressman William B. Wilson, who has been made Secretary of Labor by President Wilson. Mr. Sulzer 's bill provides for three assistant Secre- taries of Labor, the work of the Department being divided as follows: Manufacturing and agricultural industries; building of highways and transporta,tion industries, including the telephone and telegraph busi- ness; and the building and mercantile industries. xii BlOGBAPHY OF WlLLIAM SxJLZEB Bacb of the principal divisions of the Department of Labor will liave a Bureau of Statistics to collect and report at least once each year as to the conditions of labor in each of the different industries. Special attention will also be given to the collection and pub- lication of statistics regarding the unemployed. One prime object of the new Department of Labor will be the establishment of Boards of Arbitration and Conciliation to prevent strikes, as well as to prevent labor disturbances among employees or corporations doing an interstate commerce business. Mr. Sulzer's record in Congress is a monument to his indefatigable industry, and the enactment of pro- gressive legislation along constructive lines. In January, 1908, Mr. Sulzer married Miss Clara Rodelheim, of Philadelphia, Pa'., and Mrs. Sulzer is as democratic and as popular with the people as her dis- tinguished husband. Mr. Sulzer was elected Grovernor on November 5, ]912, by a plurality of 205,454, which was the largest plurality ever given in tlie State of New York for any candidate for Governor. He received 649,&59 votes as the Democratic candidate, while Job E. Hedges, Ee- publioan, received 444,105, and Oscar S. Straus, Pro- gressive, 393,163. Mr. Sulzer's large plurality was the more remarkable since Mr. Straus in his campaign declared for the reforms of which Mr. Sulzer for many years had been one of the leading advocates. It will add to the interest of this character sketdi of William Sulzer to describe some of his habits and re- count some of his sayings which reveal him as a Gov- ernor different in many respects from any who have held office before him. During the campaign which preceded his election he made few promises as to his future policies. One of his oft repeated epigrams was . BlOGKAPHY OF WiLiLIAM SuLZEK xiii "An ounce of performance is worth a ton of promise." And he pointed out that his record of legislative achievement during five years at Albany and eighteen years at Washington gave the best forecast of what, principles would certainly guide him in administering the office of Governor. •' The record of the past," he said over and over again, " is the best guarantee for the future." In many of Ms speeches he said ' ' when' I am elected Gfovernor the latch-string of the door of the executive office at Albany will always be on the outside, and it will not 'be so high but that the lowliest can reach it, and the humblest citizen of the State may come to Albany and see the Governor and be treated with as much consideration as the richest and most powerful. ' ' This promise which caused smiles of incredulity with some who did not know the man who made the promise has been carried out with a faithfulness that has resulted in practices which have destroyed many official precedents and rules of official procedure; precedents and rules which have prevailed for many years. It has been in some administrations the rule that few could see the Governor except through an appointment made with the secretary and to make such an appointment was often difficult. Only persons of distinction could get an appointment without first stating the object of their visit and many who wished to make such engagements were unable to show satis- factory evidence that they themselves or the subject of their visit, were of sufficient importance to merit a personal interview with the Chief Executive. Since Mr. Sulzer has been Governor all this is changed. Man, woman or child, black or white, rich or poor, high or low, everyone who wants to see the Governor sees him and the richest and most powerful Xiv BlOGBAPHY OF WiLLIAM SuLZEB must wait and take their turn. This has caused some remonstrances to which the Governor only replies " I am a Democrat and must treat all alike." So the Governor sees all his visitors in the large reception room of the Executive Chamber. Many have private conversations with him, seated by the side of his big desk. But there are no secret interviews in the so-called ' ' back office. ' ' This is the Governor 's work- shop where he needs only his stenographer. There was considerable comment when on Inaugu- ration Day the customary military parade was omitted and the Governor walked from the " People 's,Hp]ise " to the Capitol to take the oath of office and deliver his inaugural address. " I wish " wrote Governor Sulzer to the Secretary of State, "that all the- ar- rangements for my inauguration to be as simple, and as economical, and as democratiq as possible." The simplicity which characterized the inaugural cere- monies has been paralleled; in many .ways in connection with the Governor's daily life. The Executive Man- sion has been rechristened " the People's House." The public was : invited to the Legislative Reception and the attendance was the largest, ever known. Albany newspapers declared that 10,000 persons were in attendance. The rule: that the Governor must be attended when receiving visitors at the Executive Chamber by either his Military Secretary or his Private Secretary is ignored. So is the rule that on the street and at pub- lic functions one of his Secretaries shall always accom- pany him. Sometimes the Governor is accompanied and sometimes he is not. He prefers to go and come alone. Several times he, has attended public dinners in the. evening and afterward walked from the hotel where they were given to his home. The G-0,v- Biography of William Sulzer xv ernor always walks to and from the Capitol. His life and habits are simple in every way and democratic to the extreme. Not only does the Governor show his democratic impulses and his disposition to keep closely in touch with the common man by meeting 'personally as many of his constituents as possible, but he keeps up a large daily correspondence with persons from all parts of the State, which makes his mail five times as volumi- nous as that of any of his predecessors, and he prizes highly not only letters of commendation, but also let- ters -which contain words of counsel or criticism re- garding public policies, appointments made, and legis- lative measures advocated. Mr. Sulzer is progressive in his ideas ; takes a broad view of every question ; has few prejudices, and those dnly against intrenched wrongs he wants to see remedied. In his efforts for a common humanity he knows no race, no creed, and no previous condition. He is for man — that is all. In his speech of acceptance. Governor Sulzer said : " I will go into office without a promise except my promise to all the people to serve them faithfully and honestly and to the best of my ability. I am free, without entanglements, and shall remain free. If elected I shall follow the street called straight and the Executive office will be in the Capitol. When I take the oath as Governor I shall enforce the laws fear- lessly and impartially, but with malice toward none. Those who know me best know that I stand firmly for certain fundamental principles — for liberty under law; for civil and religious freedom; for Constitu- tional government ; for the old integrities and the new humanities; for equality before the ilaw; for equal rights to all and special privileges for none; for the cause that lacks assistance; against the wrongs that xvi BiOGEAPHY OF William Sulzee need resistance; and for unshackled opportunity as the beacon-light of individual hope and the best guar- antee for the perpetuity of our free institutions. No influence will control me but the influence of my con- science, and my determination to do my full duty to all the people, as God gives me the light." In his first annual message to the Legislature of 1913, Mr. Sulzer said: " In view of the increasing expenditures in the ad- ministration of State affairs, mounting higher and higher each succeeding year, and necessarily imposing onerous burdens on our taxpayers, I recommend genu- ine retrenchment in every department of the State, to the end that expenditures be kept down to the mini- mum and taxation materially reduced. " Unless this is done in a systematic way additional methods must be devised to raise greater revenue. I am in sympathy with the oppressed taxpayers of our State and to the best of my ability, will aid you in your efforts to lighten their burden. Nothing will gratify me more than to be able to say to the people when you adjourn that this Legislature was one of the most economical in the history of the State, and by its wisdom and economies wiped out every vestige of direct tax. " The way to stop waste and extravagance is to retrench and economize. A cursory examination into State affairs convinces me that many expenditures can be stopped and efficiency promoted if every State officer will clean house, stop waste, and practice every economy consistent with good government and the orderly administration of public affairs. *' Let us do our best, day in and day out, to save wherever it is possible, and make honesty, and sim- plicity, economy and efficiency, the watchwords of our administration of the people's business." Biography of William Sulzee xvii The Governor also said in his annual message that many worthy citizens had suggested -to . him the ad- visability of examining, through a Committee of In- quiry, into every department of the State government to ascertain where expenditures could be checked and the money of the taxpayers saved. A few days later he appointed John N. Carlisle, of Watertown; John H. Delaney, of the Borough of Brooklyn, New York; and H. Gordon Lynn, of the Borough of Manhattan, New York, a Committee of Inquiry, to examine and investigate the management and affairs of any and all departments, boards, bureaus or eommissions in the State. Thus for the first time in the history of the State a Committee of Inquiry was established. The Committee in its initial work recommended a decrease in the proposed appropriations for certain depart- ments. It followed up this action by an exhaustive consideration of the sinking funds of the State, reach- ing the, conclusion that there had been an excess of the necessary accumulations for the support of the sink- ing funds to the amount of $18,773,045.97. Comment- ing upon the report Governor Sulzer said: ' ' This huge accumulation of unnecessary moneys by thei I imposition of an inequitable tax year after year is. the result of, poor business administration of State affairs and would ultimately amount to a sum of: money in excess of the requirements of the whole amount of authorized bond issues of $234,'000',000. " Still later the ; Committee of Inquiry stated that at every turn in their examination of State affairs they had noticed a lack qf system and method in the ad- ministration of the business of the State, a wide de- parture from anything like uniformity and an un- scientific and wasteful absence of appropriate pro- visions for the promotion of economy. With the view xviii Biography of William Stjlzer of remedying these evils the Committee of Inquiry proposed the creation of a Department of Efficiency and Economy ; of a State Board of Estimate ; of a State Board of Contract and Supply ; and the passage of a bill giving the State Comptroller ample powers of auditing the accounts of all State departments. Commenting upon the bills to carry out these re- forms" Governor Sulzer said: " These bills meet my approval and will now be introduced in the Legisla- ture. They will put the administration of State affairs on a business basis, I want to do that, and these bills will do it. I trust they will promptly be passed. When they become laws it will mean the saving to the tax- payers of millions of dollars every year. ' ' In a message addressed to the Legislature early in his administration. Governor Sulzer called attention to the necessity of remedial legislation regarding stock exchanges, treating of " manipulation," " concerted movements to deceive," " short sales," " hypotheca- tion of securities," "trading against customers' orders," " usury," etc. Eleven bills were prepared by the Governor and introduced in both Houses of the Legislature to carry his recommendations into' effect. The second week of his administration Governor Sulzer appointed a special commission to collect facts, receive suggestions and make recommendations as to changes in the Public Health Laws and their admin- istration. This special commission of eminent citizens consisted of Hermann M. Biggs, M. D., chairman; Homer Folks, secretary; John A. Kingsbury, assistant secretary; E. E. Baldwin, M. D., W. E. Milbank, M. D., Mary Adelaide Nutting, John C. Otis, M. D., and Ansley Wilcox. " In five weeks," as Governor Sulzer said in a mes- sage to the Legislature, " the comtoission collected a Biography' op William Sulzee xix surprisingly large amount of authoritative informa- tion witli regard to public health work in the various parts of the State, and submitted findings and recom- mendations :of great interest for the improvement of the laws relating to health." ' At a complimentary dinner given in his honor at the celebrated Lotos Club, New York city, Saturday night, February 8, 1913, Mr. Sulzer -spoke in part, as follows : "As many of you know, from reading the news- papers, I have been a very busy man ever since I took the oath of office as the Governor of the State. To tell the truth I have been working on an average about eighteen hours out of the twenty-four, and this is the first public dinner, or reception, or entertainment, I have been able to attend since the first day of January. Being Governor of New York is no easy job — that is if you want to be The Governor. " The members of the Lotos Club are famous for their knowledge of literature, and are familiar, there- fore, with the advice Don Quixote gave his faithful follower on ' How to be a Governor;' and the subtle reply of that diplomatic individual when he said : ' He would rather be Sancho Panza and go to Heaven, than be a Governor and go to Hell.' Many people, I am reminded daily, take the same view concerning' the ultimate destiny of the Governor of the Empire State. All of which goes to prove that although we live in a progressive period, human nature is much the same. now as it was in the days of the gallant Knight of de la Mancha. " Before 1 was elected I made up my mind, if Suc- cessful, to be the Governor of all the people. I am going to be. I intend to do the best I can, in my own way, according to my own light, regardless of the XX BlOGKAPHY OP WiLLIAM SuLZEK political future, or of personal consequences, because I know that the political future is uncertain^ and that consequences are unpi tying. "Long ago I made a vow to the people that if I became Governor no influence would control me but the dictates of my consqience and my determination to do my duty day in and day out, as I see the right. Have no fear. I shall stick to that. ' ' I stand now where I always have stood, and where I always will standi for certain fundamental prin- ciples — for freedom of speech ; for the right of .law- ful assembly ; for the freedom of the press ; for liberty under law; for civil and religious freedom; for consti- tutional government; for equality and justice to all; for home rule; for the reserved rights of the State; for equal rights to every one, and special privileges to no one ; and for unshackled opportunity as the beacon light of individual hope, and the best guarantee for the perpetuity of our free institutions. ' ' New York is the greatest State in the Union. It should always be an exemplar of economical and . efficient and progressive administration. As its Gov- ernor I shall, in so far as I can, give the people of the State, an honest, an efficieat, an economical and a busi- nesslike administration of public affairs. I say busi- nesslike advisedly, because I assure the business men in every part of our State that they can rely on me at all times to do my utmost to promote the commercial interests of our commonwealth, il realize how impor- tant they are, and shall always be exceedingly careful to take no step that will jeopardize the financial and the commercial supremacy of the first State in the Republic. ' ' Suffice it to say that I am a friend of every business whether big or little, so long as it is legitimate, and Biography of William Sulzer xxi will always have its welfare in view in the administra- tion of State' affairs. To this end I shall continue to work unceasingly for quicker and better transportation agencies, and- for improved and larger terminal facilities, in order that New York shall oontiltue to receive her just share of the trade and the commerce of the country. "' " Whenevier in doubt, it is my purpose to confide in the people, and I indulge the hope that when my official term comes to an end I shall have accomplished something to merit their approval, and to justify the confidence they have reposed in the rectitude of my intentions. " That is all there is to it, and that is all there is to say just now. I have little vanity. I want no glory — no credit for doing my duty — no future preferment — and when the ofiSce the people gave me goes back to the people — to whom it belongs — to give to some other man^I say again, and I say advisedly — I want to retire frCm the misrepresentations and the disappoint- ments of political life — to a little farm, by the side of the road, and be the friend of man." Mr. Sulzer is a hard worker — and puts in about sixteen hours a day toiling for the State. He resorts to no political arts or personal pretenses. He is just a plain, common, every-day plodding, good-natured citizen, sincere, square, and loyal in every fiber of his manhood. He does not command support by subtle influences, trickery, hypocrisy, self -advertising and the command of wealth, like some others, but succeeds solely through his brains, his intrepidity and his fidelity to friends and to principles. He never had a press agent. He never financed a publicity bureau. He never paid for puffs. He does his work day in and day out, year after year, quietly, modestly, confident the Xxii BlOGKA-PHY OF WiLLIAM SULZEK results will ultimately speak for themselves, and con- scious of the fact that the knowledge of duty well done, for duty's sake, and in the cause of freedom and righteousness and humanity, is after all the best reward and the most lasting recompense a puhlic servant can have. Mr. Sulzer has always been a very modest man con- cerning his own achievements.: And yet the more the people know about Mr. Sulzer the better they like him. As the record of his achievements is unfolded the greater and the grander stands out the man — the plain man of the plain people — and they know him ^andthey love liim — this man who does things for the people for the intense love of doing them, and goes his way day after day happy in the consciousness that there is work to do, and that he is doing his share in Ms day and generation to make the world better and happier as the Master intended. Grovernor Sulzer is a '' Commoner " through and through. The more you know about him — the more you see of him — the more you study him at close range — the more you like him and the more you will appre- ciate what he has done, and glory in his trials and his triumphs. He needs no eulogy. His career of struggle for higher and better things from a poor farm boy to the Grovernorship of the greatest State in the Union is an epic poem. Mr. Sulzer is of large stature, standing over six feet in height witli a weight of 185 pounds which he carries with the grace of a trained athlete. He is abstemious; has sandy hair and steel blue eyes that look straight into yours, and read your innermost thoughts. During the war with Spain he organized a regiment of volun- teers and was elected colonel, but for political reasons it was not, called into active service. Two of his BlOGEAPHY OF WlLiLIAM SuLZEE XXld younger brothers — a captain and a lieutenant — died in the service of their country. At a recent banquet of the Home Rule Conference and Municipal Government Association of New York State and the Legislative Committee of the New York State Conference of Mayors, at the Hotel Ten Eyck, Albany, N. Y., Thursday evening, March 13, 1913, Mr. Sulzer said in part : " The sentiment back of the demand for home rule is the same sentiment that animated the patriotic fathers in their heroic striiggle for Independence. It breathes the spirit of the Declaration, and it voices the aspirations of every lover of Liberty. ' ' No man is more in favor of home rule than I am. It is a part of my political religion. I believe in local self-government for village, and for town, and for city, and for county; and I know that the people are capable of self-government. A denial of this proposi- tion is ail indictment of American intelligence and patriotism. ' ' In my message to the Legislature I said : ' Let us stand squarely for home rule and local self-govern- ment — home rule for the State — for the reserved rights of the State — against encroachments by tho central government at Washington. Home rule for the counties, and the cities, and the towns, and the village's of the State, against legislative tinkering and inva- sion. ' I stand for that. There will be no step back- ward. " I believe in local autonomy as a fundamental right. The experience of years has taught us that many of the evils the people want remedied ; that most of the tilings the people want done; can be remedied, and can be xxiv Biography of William Sulzeb done, through local agencies^ without interference by the National and State Legislatures. ' ' Let me urge the people to be firm at all times for home rule; and for the rights of the people in their respective communities to govern themselves polit- ically, without legislative interference except when absolutely necessary. In the future as in the past I shall adhere to that without deviation. The people ciin count on me, as the Governor of the State, not to interfere with home rule in any locality if I can possibly avoid it. If I do interfere, directly, it must be for the general welfare, and then only in a case that rises superior to local considerations and for the good of the common weal. " I am now, and ever have been, in accord with that fundamental principle of American statesmanship which asserts that the States in themselves are sov- ereigns, and I stand unequivocally for their reserved rights against the tendencies of centralization of the Federal Grovernment. We know that the States are divided into counties, and that each county, in so far as possible, should have the right to govern itself iu civil and political matters. For that reason, as the Gov- ernor, I am determined to recognize the rights of the counties in every part of the State through their dulj- constituted officials and their electoral machinery. ' ' Then again, the counties have within their confines, the villages, the towns, and the cities; and I want to see the greatest amount of local authority concentrated in the hands of the officials of these constituent part? of the counties of the State. "As Thomas Jefferson well said, ' If we are directed from Washington when to sow and when to reap we sh^ll soon want bread. ' If that applies to the seat of the Federal Government in connection with the rights BlOGRAPHV OF WllAIAM SuLZEE XXV of the states, it applies ^\'itll greater force to the seat of the State Government in connection with the rights of the counties, the cities, the towns, and the vil- lages of the State. " We know that in the diversification of po'^er lies the safety of the State. We cannot deliy the proposition that one generation is as capaihle as another of taking care of its own local aifairs and solving its own local probteins. Ralph Waldo Emerson said: 'AH forms of government are ridiculous except thoSe which men make for themselves. ' ' ' You remember Mark Twain once said, ' when in doubt take a drink. ' My policy as Gk)vem6r is a little different — when in dotfbt I shall confide in the people. I enunciated that idea in rriy inaugural address, and have been practising it now and then as occasion arises. I know' the power of public opinion. I believe that all the people are wiser than a few of thfe pfeople. PubKc opinion is the safest guide for legislation as well as political conduct. As the Bible salys: * In a multitude of counsel there is much wisdom. " : : ' „ " Cities should be as free from interference from the State as the States should be free ftom interference by the Federal Grovemment. Municipalities should be independent in matter's df purely local concern, and they should have the right to adopt their own charter, just as the people of the State have the right to adopt their own constitution. Municipalities should have the right to call a city charter convention the saiiie as the people of the State have the right to call a constitu- tional convention. " The trouble with the cities is not too much democrafcy but too little demoera cy. There is too muel i State control. We need Home Rule to create city democracies, like those of Athens arid'Rohle. It was XXVI BlOGKAPHy OF WiLLIAM SULZER freedom that inspired in these cities local patriotism such as seldom has been equalled in all the annals of the world. " Home Rule is the demand on the part of the people to be trusted — : trusted to govern themselves. Democ- racy rather than class interest is becoming intelligent^ organized. With the growth of cities thej- are becom- ing political units of great importance to the State. The opponents of Home Rule distrust democracy, but I do not fear the people. I fear special privileges. Home rulers trust the people, their opponents fear popular control. " It is because, of the survival of old monarchial ideas that our cities are not more independent. We proceed on the theory, that the sovereignty which grants a city charter is a power similar to that formerly wielded by kings and emperors. It is a, concession apparently that we grant to cities power to do this or that. But in a republic such as ours the sovereignty resides in the people. The electors are the so»vereigns. All just governments obtain their powers ,from the consent of the people. "We have the highest authority for Home Rule. Thomas Jefferson bplieved that the permanency of our nation depended upon distribution of the powers of government. "The diversification of power is necessary for the safety of the State. Home Rule is the aspiration of tho progressive spirit of our times, which demands that affairs of government shall be placed close to the people and kept there. When legislation for a com- munity is carried on at a distance remote public opin- ion fails to properly influence that legislation. " Public hearings are efforts to overcome this evil. It is better to have our legislative body close to the Biography of William Sulzer xxvii community thaji to takie representatives of a com- munity long distances to meet the Legislature. " Let our cities be kept as free from State invasion as the State is kept free from national interference. As states adopt their own constitutions so should cities adopt their own charters. The cure for the evils of democracy is more democracy." Mr. Sulzer, without doubt, is the best vote getter to-day in the State of New York. He has always run thousands of votes ahead of his ticket. He has never been defeated. He is a man of the people and for the people. He is a 32d degree Mason, has held all the honors in the craft, and years ago became a life member. He is a member of Lloyd Aspinall Post, G. A. E. ; the Army and Navy Union; the Eagles; the Pioneers of Alaska; thef Arctic' Brotherhood; the National-Democratic Club ; Manhattan; Club ; Press Club ; 'Masonic Club ; and other social clubs in Washington and New York city. His church aflSliations are with the Presbyterian denomination. His most profitable reading has been history, philosophy and political economy; and his advice to young men is to work hard, cultivate good habits, have a motive in life and a positive determina- tion to succeed. Mr. Sulzer is a very busy man, but his spare hours are spent in writing a book on " Political Economy," which his friends believe will be a standard text-book on economic principles. His rugged honesty, his loyalty to liis friends, his fearles.s devotion to every duty, his fidelity to principle, his ability as a champion of the oppressed in every land and in every clime have made his name a household word among the people of America, and^f^as an apostle of freedom forever enshrined him in the hearts of humanity. xxviii BiOGBAPHY OF William Sulzee Grovernor Sulzer was removed from office on October 17, 1913. The verdict of the court was no sooner pro- nounced than plans were under way for a public demon- stration of affection and esteem to the deposed Gov- ernor, from the citizens of Albany. A meeting was held the same night at the Ten Eyck hotel, and ar- rangements were made for a presentation on the fol- lo-ftdng night of a loving cup, which was inscribed as follows : : PRESENTED TO HON. WILLIAM SULZER BY THE CITIZENS OF ALBANY IN LOVING REMEMBRANCE OF DUTIES WELL PERFORMED A MARTYR TO THE CAUSE OF HONEST GOVERNMENT OCTOBER 18TH, 1913. '-} It is estimated that at the ceremonies, at the execu- tive mansion, in connection with the presentation of this cup, between 8,000 and 10,000 persons were in attendance. On Monday morning, Octdber 20th, a committee of citizens from the' 6th Assembly district in New York City called on Mr. Sulzer, to urge his acceptance of a nomination for Member of Assembly from that district. He accepted and was elected by a majority of almost tw"ti to one Over the candidate who received the neit highest number of votes; Biography of William Sulzee xxix The campaign was pronounced one of the most re- markable in the history of the State. The intense enthusiasm displayed at every meeting at which the Grovernor appeared was unparalleled. In the neighbor- hood of every meeting place the streets were choked with cheering men and women, who for blocks crowded the sidewalk, and the streets themselves, from curb to curb. The election was regarded not only as a vindication of Governor Sulzer, and a condemnation of the court of infamy which removed him from office, but also as a vote of approval of what the Governor did and tried to do in behalf of honest government and to promote the rule of the people. Mr. Sulzer 's candidacy did much to promote the elec- tion of John Purroy Mitchell as Mayor, for it em- phasized the issue of corrupt bossism in a most pro- nounced way. The speeches of Mr. Sulzer and those of John A. Hennessey were the central features of the campaign. The people of New York city knew bossism as an evil, rank, greedy and arrogant. It had always been reaching out for power through the control of conventions and elections, but when Governor Sulzer showed its shameless audacity in removing from a great office, one whom it could not control, he aroused the sentiment that led to the ignominious defeat of almost every Tammany candidate and Mr. Mitchell was elected mayor by a plurality of over 121,000, the largest ever given a mayoralty candidate in New York city. I INAUGURATION INAUGURATION William Sulzer was inducted into office as Governor of the State of New York at noon on January 1, 1913. The ceremonies of his assumption of office were held in the Assembly Chamber of the State Capitol in Albany. Mr. Sulzer had walked to the Capitol from the Executive Mansion in company with the Hon. John A. Dix, tlie retiring Governor of the State. The cere- monies began with prayer by the Rt. Rev. T. M. A. Burke, Bishop of the Roman Catholic diocese of Albany; who invoked Divine favor " in behalf of him whose fellow citizens had seen fit to make the Governor of this great Empire State in order that he may attain eminent success in the wise, fearless and diligent ad- ministration of the affair's of this sovereign State." Mr. Dix then welcomed Mr. Sulzer to the office of Governor. Mr. Sulzer was thereupon sworn into office by the Hon. Mitchell May, Secretary of State, who then presented him to the audience as " the Governor of -the State of New York." Governor Sulzer addressing the audience, then said : Fellow Citizens : — I realize to the fullest extent the solemnity of the obligation I have just taken as the Governor of New York. Conscious 6t my own limita- tions I keenly appreciate the responsibilities it entails. Grateful to the people who have honored me with their suffrages, I enter upon the performance of the duties of the office without a promise, except my pledge to all the people to serve them faithfully and honestly [5] 6 Public Papers of Goveenok Stjlzeb and to the best of my ability. I am free, without en- tanglements, and shall remain free. No influence con- trols me but the dictates of my conscience and my determination to do my duty, day in and day out, as I see the right, regardless of consequences. In the future, as in the past, I will walk the street cajled straight, and without fea,r and .without favor I shall execute the laws justly a,nd impartially — ^with malice toward none. Those who know me best know tha;t I stand firmly for cei'tain fundamental principles ^^ for freedom of speech; for the right of laAvful assembly; for the free- dom, of the press; for liberty under law; for civil, and religious freedom; for constitutional government ; ior equality and justice to, all; for, home rule, and the re- served rights of the State; for equal rights to every one, and special privileges to no. one; and for un- shackled opportunity as the beacon light of individual hope and the best guarantee for the perpetuity of our free institutions. New York is the greatest State i-n the Union. It should always stand as an (exemplar of economical and efficient and progressive administration. As its Governor I shall, in so far as I can, give the people of the State, an honest, an efficient, an economical and a business-like administration of public affairs. I say business-like advisedly^ because I assure the business men in every, part of the ;State that they can rely on me at all times to do my utmost to promote the com- mercial interests of our commonwealth. I realize how important they are,, and shall always be exceedingly careful to take no step that will jeopardize the financial and the commercial supremacy of the first State in the Republic. iNAUetUBATION: 7 ..y Suffice it to say that I am a friend of every business, whetlier big or little, so long as it is legitimate,- and will always Jiave its welfare in view in the administra- tion of State affairs. To this end I shall work un- ceasingly for quicker and better transportation agen- cies, and for improved and larger terminal facilities, iur order that New York shall icontinue to ; receive her just share of the trade and the commerce of the country. • jj It is my .purpose to be the Governor of all the people, and, in so far as possible, to follow in the footsteps of Silas Wright in the honesty and the simplicity of my administration; and to the best of my ability try to emulate the example of Samuel J. Tilden in my efforts for progressive reforms along constructive and con- stitutional lines. f 0^ ^«< jji Let me ask all to be patient and charitable. To avoid mistakes I must go slow. It is better to be sIoav than to be sorry. I know that I am human, and that I shall make mis- takes in human ways. Being human I believe in the welfare of my fellow man, and whatever concerns the good of humanity appeals to me, and will ever have my constant care and earnest consideration. Whatever I do as Governor will always be open to all and above board. I shall confide in the people, and I indulge the hope that when my official term, this day begun, comes to an end, that I shall have accomplished something to merit their approval, and to justify the confidence they have reposed in my intentions. Hence I shall promise little, but work unceasingly to secure the things now demanded by the people. They know an ounce of performance is worth a ton of promise, and they will judge my administration not by what I say now but what I do hereafter. 8 Public Papers of GoVeknor Sulzee The hour has struck, and the task of administrative reform is mine. The cause is the cause of the State, and is worthy of the zealous efforts of any man. I grasp the opportunity the people now give me, and am resolved to shirk no responsibility; to work for the welfare of the people; to correct every existing abuse; to abolish useless offices, and wherever possible con- solidate bureaus and commissions to secure greater economy and more efficiency; to uproot official corrup- tion and to raise higher the standard of official integ- rity; to simplify the methods of orderly administra- tion; to advance the prosperity of all the people; to be ever dissatisfied with conditions that can be im- proved; to promote the common weal; to guard the honor, and protect the rights of the Empire State; and last but not least to reduce governmental expendi- tures to the minimum, and thus lessen as much as possible the heavy burdens of taxation. II PROCLAriATIONS II PROCLAMATIONS Upon the Death of Frank S. Black .. - :i PROCLAMATION State of New York — Executive Chambek New York mourns tlie death of one of her most dis- tinguished citizens. Frank S. Black who was Governor in 1897 and 1898 was a man of much intellectual and moral power. He will be recognized by future historians as a Governor who showed in all respects those qualities which entitle him to rank as a real state^mq.n. In ea,rly life he had only those advantages which come from the possession of an indomitable will firmly set to overcome every obstacle in the pathway to success. He commenced with the lowest round and cliipbefl to the top of th,e, ladder of fame. As a boy upon his father's rock-bound farm in Maine; as a student in Lebanon Academy, wheJre he was known as an able debater ; as a student in Dartniouth College, where he won distinction as a public speaker ; as an editor of a' country weekly iii Johnstown, Fulton county; as k la^^^et in Troy, wherehe became h leader in the movement for ballot teform; as a, member of Congress, where he took an a'ctiVe position ; and as one of New York's commanding Governors he showed ability of a high order. In his dealth our State loses a distinguished son, and our country a patriotic citizen. In order to appropriately express in behalf of the people respect for the public services' of Frank S- 12 Public Papers of Governor Sulzer Black, I, William Sulzer, Governor of the State of New York, request that the flags upon all public buildings, including armories and arsenals, be displayed at half- mast until and including the day of his funeral; and that the Legislature of the State and all its citizens unite in paying suitable respect to the memory of a former Governor who was true to the best traditions of the State. Given, under my hand and the Privy Seal of the State at the Capitol in the city of Albany, [l. S.J this twenty-second day of Maiich in the year of our Lord one thousand nine hundred and thirteen. (Sig-ned) WM. SULZER By the Governor: Chester C. Platt Secretary to the Governor Disaster of Flood in States of Ohio and Indiana PROCLAMATION State op New York — Executive Chamber A terrible disaster of flood unparalleled for years in its destruction of hujman life and property has dev- fistated the States of Ohio and Indiana. Tho^san^ of lives and millions of dollars of property have been de- stroyed and othpj" thousands of our fellow citizens are rendered homeless and destitute. The magnitude of the calamity appeals to all and makes it imperative that aid should be rendered immediately to the sufferers. As Governor qf the State of New York, and Presi- dent of the New York St^te Board of The American Proclamations 13 RedtUross, I appeal to the people of the State of New Yoi'k to extend relief and render such financial help as they can to the best of their means and ability. Cbntributions in the form of money, clothing and other essentials should be sent to Jacob H. iSchiff, Treasurer of the New York State Board of The Ameri- can Red Cross, 52 William street, New York City; or to Miss Mabel T. Boardman, Chairman of the National Board of The American Red Cross, Washington^ D. C. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany, [l. s.] this twenty-sixth day of March in the year of our Lord one thousand nine hundred and thirteen. ( Sighed) WM. SULZBR By the Governor : Chester C. Platt Secretary to the Governor Proclamation and Statement by the Governor In Regard to Repealing the Exceptions and Limitations on Taxable Transfers, and in Relation to Franchise Tax and Credit on Account of Purchase of State Bonds PROCLAMATION State of New York — Executive Chamber To All' Concerned — ■ Particularly Those Who Are Holders of, or Intend to Purchase State Bonds . Whereas, By chapter three hundred and fifty-six, and chapter three hundred and fifty-seven of the laws of nineteen hundred and thirteen, certain alleged ex- 14 Public Papers of Govbrkob Sulzbb emptiojis and advantages are given to certain State bonds ; and Whereas, It has been deemed expedient in the inter- est of the G-eneral Welfare, to repea/1 such alleged ex- emptions and advantages given by said laws, at the earliest opportunity ; and Whereas, To that end it is my purpose to call the , Legislature of the State of New York in Extraordinary Session, for the purpose, ahiong others, of repealing the said laws ; and Whereas, Certain holders of State bonds and certain citizens about to invest in such State obliga- tions may deem the said alleged exemptions and advantages to be continuous and permanent. Now, Thereeore, I, William Sulzer, Governor of the State of New York, to the end that all persons may have no misunderstanding regarding the force and effect of chapters three hundred and fifty-six and three hundred and fifty-seven of the Laws of nineteen hun- dred and thirteen : I Do Hereby Proclaim that bills will be introduced at an Extraordinary Session of the Legislature, shortly to be called, to repeal said chapters ttree hun- dred and fifty-six and three hundred and fifty-seven of the Laws bf nineteen hundred and thirteen. Given under my hand and the Privy Seal of the State, at the Capitol in the city of Albany, [l. s.] this sixth day of May, in the year of our Lord one thousand nine hundred and thir- teen. (Signed) , WM. SULZER By the Governor : Chester C. Platt Secretary to the Governor ProcjoAMations 15 Statement by Governor May 6, 1913 J " On April 24, 1913," said Governor Sulzer, " at the request Of tlie (acting^ State Comptroller, Mr. Walsh, and on his advice that the measures were in the interest, and to the advantage, of the finances of the State, I approved as chapters 356 and 357 of the Laws of 1913 ' an act to amend the Tax Law, in rela- tion to exceptions and limitations on taxable trans- fets;' and ' an act to amend the Tax Law, in, relation to franchise tax and credit on account of purchase of State bonds.' »■ v» ^i^.oi. ' ' On April 28, 1913, ' after a conference between Deputy State Comptroller Walsh, Mr. Lawson Purdy, chairman of the Board of Tax Commissioners of the City 'of' New York, aiid several other citizens of New York and State officials, I caused to be prepared and introduced into the Legislature, two separate bills re- pealing chapters 356 and 357 of the Laws of 1913 ; and, to assist their enactmentj'I ^ent emergency messages to both the Spnate and. the Assembly. " The repealing measures' were introduced by Sen- ator Wagner in the Senate on April 28, 1913, and passed the Senate. -nP' Hno nrft "ii ^l iffn ' ' They were received in the Assembly, and although I was informed on Saturday afternoon that they had been passed in the 'Assembly,*- it is now established that wholly through oversight these bills fiailed of passage by the Assembly. ' ^ni'f* "I am convinced that in order to ereate a ready and quick market for State bonds, it is :iecessary to make some change in the rate of interest which they bear and I had hoped that the Legislature, with the assistance of my emergency messages, would 'have passed the Wagner bills, introduced at my request, as 16 Public Papbbs of GoveeNob Sulzeb well as a law permitting a higher rate of interest on State bonds, which may be issued in the future. " Under the circumstances, it is my intention to cause the two Frawley laws to be repealed at the Special Session of the Legislature, which I intend to call at an early date. "To that end that investors and purchasers of the State bonds may not be misguided, by reason of the fact that the Wagner repeal bills did not pass the Assembly at this session, I have prepared- and issued a proclamation to advise all concerned, and particu- larly those who may propose to invest in New York State bonds, that the provisions of chapters 356 and 357 of the Laws of 1913, will undoubtedly be repealed, and any supposed advantage accruing to these State bonds by reason of such laws will speedily be taken away. ' ' Convening the Legislature in Extraordinary Session PROCLAMATION State of New Yoek — Executive Chamber Pursuant to the power vested in me by section 4 of article IV of the Constitution, I hereby convene the Legislature in Extraordinary Session at the Capitol in the city of Albany on Monday, the 16th day of June, 1913, at half -past eight o 'clock, post meridian. Given under my hand and the Privy Seal of the State, at the Capitol in the city of Albany [l. s.J this eighth day of May, in the year of our Lord one thousand nine hundred and thir- **®"- (Signed) WM. SULZER By the Governor : Chester C. Piatt Secretary to the Governor PEOCLAMATIOlUrS 17 Designating Saturday, June 14, 1913, as Flag Day PROCLAMATION State of New York — Executive Chamber I, William Sulzer, Governor of the State of New York, by virtue of the authority vested in me, do hereby designate and appoint Saturday, the fourteenth day of June, of the present year, as Flag Day, and I suggest that suitable exercises be held by our patriotic citizens and by those in charge of the public schools, for the purpose of fittingly commemorating the one hundred and thirty-sixth anniversary of the adoption of the flag of the United States. The vote of the Continental Congress, on June 14, 1777, during the first year of the existence of the United States reads thus: " Resolved that the flag of the thirteen United States be thirteen stripes alter- nate red and white on a blue field representing a new constellation. ' ' Its thirteen stripes represent the thirteen States which joined in making that declaration. The stars represent the sovereign States. The fact tJiat New York was one of these original thirteen States is the proud heritage of all her citizens, and all our people are justly proud that she is now one of the forty-eight States for whom the flag stands as the symbol of unity and of national glory. We should ever remember that the flag of our coun- try typifies all that we are, and all that we hope to be — the greatest and the grandest Republic on earth. In remembrance of all we owe the Flag of the Union ; in gratitude to the men who saved the Union; and in reverent thankfulness for the lives of all patriots, let 18 Public Papbks of Govekwob Sulzeb civic pride take a higli place in this year's flag observ- ance. .,) ; ;.: : ; Tile flag that floats over our land forever speaks of service for the common weal and signals forth our civic ideals. Therefore I ask the people of New York, so far as may Ije practicable, to display the National emblem over their homes and places of business, on the day above appointed, and I hereby direct that the flag be displayed on all public , buildijigs in the State. All honor to our flag which waves for all our citizens guarding "Life, liberty, and the pursuit of happiness ;" — the emblem of our united country — outshining the splendor of any republic of ancient or modern times. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany, this 12th day of June, in the year of' our [l. S.J Lord one thousand nine hundred and thir- teen, and of the Independence of the United States the one hundred and thirty-seventh. (Signed) WM. SULZEE By the Governor: Chester C. Platt ' _ Secretary to the Governor Ill PART 1 MESSAGES TO THE LEGISLATURE Ill MESSAGES TO THE LEGISLATURE Session Began January 1; Ended May 3' ANNUAL MESSAGE State of New Yobk — Executive Chamber Albany, January 1, 1913. To THE Legislature : In compliance with the niandate of the Constitution I communicate — by this message — the condition of the State, and hereby recommend to you such subjects as I now judge expedient and deem to be of immediate moment. The Legislature It is gratifying to me that jthe Legislature ha? so speedily organized, is ready for work, and that your honorable bodies are in political accord with the Executive. I indulge the hope that your session will be short, efficient, economical, beneficial to the State, and that we shall work in harmony for the best inter- ests of all the people. We are charged with the respon- sibilities, and we must meet in a patriotic way the ju,st expectations of our constituencies. The opportunity is ours, and I shall labor with you to redeem every pledge we have made, and to make this session of the Legislature memorable for fruitful results in our legislative annals. The State The importance of your duties cannot be over- estimated. Our State is the greatest in the Union. The people whom you represent are greater in nunaber [21] 22 Public Papers of Governor Sulzer than the population of our entire country a century ago, and their diversified interests a thousand times more extended and complicated. To-day our State possesses more than a twelfth part of alL the wealth of the Republic, and contains about one-tenth of the population of tlie entire country. Let us do all in our power to advance her material interests and promote her agricultural and coijamercial supremacy. REPoiiTS OP Departments It is my desire that this message "be as brief as is consistent with the importance of a communication of its character, and I shall supplement it at frequent intervals with further messages, making Such addi- tional recommendations as the circumstances may re- quire and the facts appear to demand. For detailed information concerning the work of the departments of the State I respectfully refer you to particular' re- ports presented to the Legislature concurrently with or shortly to follow this message. These voluminous reports have so increased in recent years that to devote to each subject matter but a brief space would enlarge this communication far beyond the purpose of my present intention. However, I doubt not you will give them, as I intend to do, the careful examination and the earnest consideration they immediately require and properly deserve. Finances The transactions of the treasury during the fiscal year ended September i30, 1912, are summarized in the following statement: Balance of cash on hand September 30, .1911 $20,185,392 16 Messages to the LEGisiATUEfi 23 General Fund Receipts (including trarisfers between funds). Direct State tax and special tax for court expenses $6,326,823 13 Excise taxes 9,412,363 84 Corporation tax 10,349,164 76 Organization of corporations 472,959 81 Transfers (inheritance tax) 12,153,188 84 Stock transfers (stamp tax) 3,653,037 24 Secured debt tax 1,411,567 60 Mortgages 1,852,324 45 Motor vehicles 1,053,762 25 Other sources 3,351,214 16 Total, General Fund $50,036,406 08 Canal Fund 29,749,708 74 ' Highway Improvement Fund 8,423,897 19 Saratoga Springs Resen'ation Fund. 565,000 00 Trust Funds , 1,351,371 49 Transfers between funds 5,919,947 16 Total receipts $96,046,330 66 . ; , : . , $116,231,722 82 , . Ejtpenditures (including transfers between funds). For the support of State government, maintenance, construction and betterments of institutions and maintenance and repairs of canals and highways $39,234,118 99 Saratoga Springs State Reservation Fund 17,870 27 Canal Fund ." 25,824,526 89 Highway Improvement Fund 8,486,734 61 Saratoga State Reservation Fund. . . . 347,970 22 Palisades Interetate Park Debt Sink- ing Fund 100,000' 00 Trust Funds 417,617 21 Transfers between funds 5,919,947 IG Total expenditures 80,348,785 35 Balance of cash on hand September 30, 1912 $35,882,937 47 24 Public Papers of Gqvkenok Sulzer State Debt On September 30, 1911, the funded debt of the State was $79,730,660 00 During the liscal year ended September 30, 1912, there were issued the following bonds : For canal construction and terminals. $25,407,000 00 For highway construction 8,000,000 00 For Saratoga Spring-s State Resen-a- tion ■ . . 565,000 00 Total $33,972,000 00 Less : Canal bonds redeemed 4,000,000 00 29,972,000 00 Making a total funded debt of $109,702,660 00 Against which sinking funds have been provided amounting to 25,252,085 38 Leaving a net debt unprovided for on September 30, 1912, of $84,450,574 62 Sinking Funds Comparative statement of sinking funds' require- ments, showing large increase necessary to provide for payment of increased debt : Fiscal year ended September 30, 1912. 1913. *1914. Canal Debt Sinking Funds $2,257,044 88 $4,442,263 33 $5,434,332 07 Highway Debt Sink- ing Funds 1,755,607 02 2,077,832 84 3.320,026 42 Palisades Interstate Park Debt Sinking Funds 126,515 97 137,787 32 137,787 32 Saratoga Springs , State Reservation Fnnd 150,100 00 129,500 00 $4,139,227 87 $6,807,983 49 $9,022,245 81 • Estimated. Messages to the Lbgislattjbe 25 Election by the People of Senatoes in Congress The Sixty-second Congress, in the second session, in both houses passed the following proposition to amend the Constitution of the United States, by a con- stitutional majority of two-thirds thereof, in "words following, to wit: Joint Resolution of Congress Proposing an Amendment to Ihe Constitution Providing that Senators shall be Elected by the People of the Several States -" Eesolved, By the Senate and House of Represen- tatives of the United States of America in Congress assembled (two-thirds of each house concurring therein). That in lieu of the first paragraph of section 3 of article 1 of the Constitution of the United States, and in lieu of so much of pa;ragraph 2 of the same sec- tion as relates to the filling of vacancies, the following be proposed as an amendment to the Constitution, which shall be valid to all intents and purposes as part of the Constitution when ratified by the Legislatures of three-fourths of the States : ' ' ' The Senate of the United States shall be com- posed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislatures. " ' When vacancies happen in the representation of any State in the Senate, the executive authority of such State Shall issue writs of election to fill such va- cancies : Provided, that the Legislature of any State may empower the Executive thereof to make tempo- rary appointments until the people fill the vacancies by election as the Legislature may direct. 26 Public Papbes of Govebmob Sulzee " ' This amendpient shall not be so oonstriued as to affect the election or term of any Senator chosen be- fore it becomes valid as part of the Constitution.' " Its Ratification This amendment of the Constitution of the United States should be immediately ratified. In moy opinion the people of our State are in favor of the election of United States Senators by a direct vote. I favor this change in the Federal Constitution, as I shall every other change that will restore the government in the control of the peoj)le. I want the people, in fact as well as in theory, to rule this great Eepublic and the government at all times to be responsive to their just demands. The People Can be Teusted The people can and ought to be trusted. They have demonstrated their ability for self-government. If the people cannot be trusted, then our governnoient is a failure, and the free institutions of the fathers doomed. We must rely on the people, and we must legislate in the interests of all the people and not for the benefit of the few. To-day forty-eight United States Senators can pre- vent the enactment of a good law or the repeal of a bad law. This is too much power for forty-eight men to have in a free government of a hundred million of people unless they get the power directly from the people. The Uijited States Senate is the most power- ful legislative body in the world and its members should be elected by the people of the country just the same as the Representatives in Congress are elected. This is of the utmost importance to the country, be- cause when the Senate is directly responsible to the Messages to the Legislatuee 27 people they will control it;. and. then, and not till then, will that august body respond to the will of the people. High CoSt of Living For more than teii years the. increasing cost of liv- ing, mounting higher ,and higher each succeeding year, has been the most immediate, the most pressing and the most universally observed fact about economic conditions in this country. While wages have re- mained practically the same the cost of the necessaries of life has grown more and more oppressive, until to- day the average man in our State^ with a family to support, has about all he can do to make both ends meet. I earnestly direct your careful consideration to this important matter concerning the people, and recommend that you^ take such action in the premises as you deem just and wise to reduce the high cost of the necessaries of life in order to make living less a struggle for physical existence. Woman 's Sufpkage , . , In accordance with tile pledge made to the people in the recent campaign I recommend that th« Legislature declare in favor of submitting to the voters of the State, as soon as possible, the Woman Suffrage Con- stitutional Amendment. Electobal Refoem The reformation of our electoral laws is an import- ant matter, and I recommend to your favorable con- sideration amendments to existing laws, wherever ex- perience has demonstrated that changes are necessary, to improve their effective operation, to facilitate inde- pendent nominations, and to decrease the expenses of elections. 28 Public Papers of Goveknoh Svlzer Direct Primaries We are pledged to the principle of Direct Primaries, State-wide in their scope and character, and I urge the adoption of such amendments to. the existing primary- law as Avill simplify the procedure and make complete and more effective the Direct Primary system of the State. GONSEEVATION The question of the conservation of the natural re- sources of the State, and their development and utili- zation for the benefit of all the people, is a matter of vital importance to our commonwealth, and demands the most careful consideration at your hands. We should favor the preservation of our forests by intelli- gent forestry legislation. We should protect our water sheds, and utilize to the utmost our numerous rivers as they flow from the hills to the sea. This is the plain duty of the hour, and if we neglect it we invite the flood and create the desert. As a people we have always been proud -of our abil- ity to accomplish results. We have long boasted of our magnificent heritage -of natural resources. We liave done many things to advance material civiliza- tion, and we have done them well. During the first period of development we directed our physical ener- gies and intellectual abilities toward developing the natural resources of the land. In our haste to achieve immediate results we often were wasteful of the wealth that then seemed inexhaustible. When the forests were laid waste, and the game vanished from our bor- ders ; when our lakes and rivers began to shrink, and the verdure of the prairies was parched from droughts or submerged by floods ; when the power problem be- Messages to the Legislature 29 came more insistent, and the people demanded its iitilization, then and not until then did we turn our attention to conservation. Value of Human Life As we study the different phases of the problem a deeper appreciation of relative values demonstrates that the most fundamental element in true conserva- tion is the preservation of human life. If Americans would excel other nations in commerce, in manufac- ture, in science, in intellectual growth, and all other humane attainments, we must first possess a people, physically, mentally and morally fit and sound. Any achievement that is purchased at the continued sacrifice of human life does not advance our material resources but detracts from the wealth of the State. The leaders of our civilization now realize these fun- damental truths, and the statesmen, the scientists, and the humanitarians are endeavoring more and more to protect human life, and to secure to each individual not only the right to life, but the right to decent standards of living. We have had to change old customs and repeal antiquated laws. We must now convince em- ployers that any industry that saps the vitality and destroys the initiative of the workers is detrimental to the best interests of the State and menaces the general welfare of the government. We must try to work out practical legislation that will apply our social ideals and our views of industrial progress to secure for our men, women and children the greatest possible reserve of physical and mental force. I hold it to be self-evident that no industry has the right to sacrifice hupian life for its prpfit, but that just as each industry must reckpfl. in its cost of pro- 30 Public Papers op Goveenok Sulzeb duction the material waste, so it should also count as a part of the cost of production the human wa:ste which it employs. Workmen's Compensation Laws. Many of our States have enacted wot-kmen's com- pensation or insurance laws. The production of our wealth in a large measure' is a tribute to the ability and the efficiency of the workers. It is only just then^ that those who do the work should receive an equitable share of that which they have helped to produce. No compensation is fair which does not secure to each worker at least enough to permit him, or her, decent standards of life. The workers themselves have .not always been able to secure such compensation for themselves. Particularly has this been true of women and children in whom the State should take an especial interest. To secure for these less accustomed to the competitive struggle, protection that other workers have won for themselves through organization, we should carefully consider the establishment of wage boards with authority to fix a living wage for condi- tions of work below which standards no industry should be allowed to continue its operations. Massa- chusetts has enacted such a law. Ohio recently adopted a cbnstitutional amendment authorizing the State Legislature to do the same. Protection to Child Life For the welfare of the State child life must be pro- tected. Not only should the child be guaranteed the right to be born equal, but it must be given the chanc6 to live, to grow, to learn, and to develop into useful and patriotic citizenship. The wofk period must not Messages to the Legislatuke 31 be permitted to infringe on the foi*mulative and the maturing period. Compulsory edueational laws and restrictions upon child labor, properly enforced, will secure to every child of the State its rightful heritage. This development period will enhance national prog- ress and aid civilization. The niatured developed worker will bring to industry greater ability and re- sourcefulness. No business has an inalienable right to child labor. No industry has a right to rob the State of that which constitutes its greatest wealth. No commerce that depends on child labor for its suc- cess has a right to existj Let us do what we can to protect the children of; the State atid preserve their fundamental rights. Safety Standards Another type of legislation beneficial to the State, that aims to conserve human life and health, is that which requires the use of safety appliances and estab- lishes safety standards. Human life is infinitely more valuable than the profit of material things. The State for its own preservation has the right to demand the use of safer and more hygienic methods, even if at greater cost of productioiii to the employer. Occupa- tional diseases should be studied, and the results of careful investigation embodied in laws to safeguard the health and the lives of the workers. Practical results of such legislation prove that these regulations are a good investment. Employers find that it pays to have healthy, vigorous, resourceful workers, who are well fed, well housed, and not -over- worked. Statistics prove that the welfare of ^ the worker is indissolubly involved in permanent indus- trial progress. 32 Public Papers of Governor Sulzer Municipal Museums One of the most practical and permanent aids in conservation of human resources is the establishment of municipal museums of safety and government re- search and investigation such as is carried on by the Federal Bureau of Mines. In these museums can be gathered and seen the results of the latest and best con- clusions of inventors, workmen and employers. So that those seeking information and help can secure it most quickly and with least expense. This study to safe- guard the life, body and health of the worker, is es- sential to true, scientific and industrial progress. These brief observations are but a few of the methods by which we may conserve our human wealth. They represent, to some extent, my practical ideals. The conservation proposition in the last analysis is a problem of the prevention of the wrong and the adop- tion of the right methods. As the conceptions of our people become more fully realized, our laws will, re- flect more of humanity and the fellowship of mankind, and make for greater progress, for industrial peace, and for the better civilization. Labor Let us then be just to th« workers. No man can pay too high a tribute to ' ' labor. " It is the creative force of the world, the genius of accomplishment of the brain and the brawn of man, the spirit of all progress, and the milestones marking the advance of nations. Civili- zation owes everything to lalDor — to the constructive toiler, and the creative worker. Labor owes very little to civilization. Mother Earth is labor's best friend. From her forests and her fitdds, from her rooks and her rivers, the toiler has wrought all and brought forth the wonders of the world. Messages to the Legislatube 33 I recommend legislation to so reorganize the Depart- ment of Labor that it shall have greater powers and a more comprehensive scope with additional agencies sufficient to investigate conditions, enforce th^ laws, and accomplish the greatest good for the greatest number — along practical and humanitarian lines. Civil Sebvice As a consistent friend of the merit system in the Civil Service it is my purpose to co-operate with you in protecting its integrity and promoting its efficiency. Therefore, I recommend : That the State Civil Serv- ice Commission initiate constructive work along the line of standardizing promotion examinations, by in- troducing and maintaining efficiency records of all competitive employees; and request the co-operation of the heads of departments with the Civil Service Commission, in enforcing the present rules or any sup- plementary ones which the State Commission, may adopt to carry this plan into effect. The State Civil Service Commission, in my judg- ment, should continue its efforts to bring about a more systematic administration of Civil Service laws in the cities of the second and third classes, by the adoption of a model set of rules, by uniform classifications of positions in the service of such cities, and by co-opera- tion and assistance in conducting and rating municipal examinations. Law Eefobm The need of reform in civil and criminal law is urgent, and I recommend the enactment of such legis- lation as will relieve the present legal system of the delays, the unnecessary expense, and the uncertainties incident to the present procedure. Vol. 1—2 34 Public Papers of Goveenoe Stilzeb ' AGEIOtTLTtrBB We must keep the needs of the farmer evet before us. What the farmer produces is real wealth. To- day, when consumption has caught up with production, it behooves us to give attention to the land, and every kind of assistance to the tillers of the soil. Those of the cities who would return to farms must be en- couraged, and those of the farms must be aided to greater effort and larger profit. We are falling behind as an agricultural State. To aid our farmers legislation that will secure greater production should be promoted. Let our people be provided with constructive legislation that will enable farmers to co-operate among themselves, so that farmers and city people can have the closest possible intercourse, and the products of the farm may be moved to customers with the least possible friction, at the smallest expense, and in the shortest time. We should help our farmers to secure the advantages of long loans at reasonable interest rates. The parcels post legislation just started should be further ex- tended so as to include an express post in order to make still freer the exchange of products between city and country. Aid foe the Fabmees Agricultural education, now in its infancy, must be fostered until agriculture is taught not only in a few colleges in the State, but in every high school in our commonwealth. Our game laws should be strength- ened to prevent thoughtless hunters from trespassing on farms during the game season unless freedom to hunt has been granted. The State fair must be made an agricultural, an edu- cational and an industrial exposition, commissioned by Messages to the Legislature 35 men in sympathy with its interests and capable of directing this great enterprise in all its channels. The State Agricultural Society, which has become such a splendid clearing house of farm thought, direction and publicity, should be encouraged to greater activity. Our Department of Agriculture, one o^ the most use- ful administrative branches of the State Government, must never be allowed to become partisan in character, but held strictly to the line of agricultural promotion. I recommend that whatever is within the power of the Legislature to do to sustain, to promote and to upbuild the agricultural resources of the Empire State, should speedily be done. I will work heartily with you, as well as the rank and file of farmers, to make the next two years the most prosperous, in an agricultural way, that this State has ever known. When the farmer is prosperous the State will flourish. Good Eoads and Wateeways The building and the maintenance of good roads ; the continued conservation and development of our natural resources ; and the constant improvement of our water- ways appeal to us now as they have in the past, and should have our earnest support and constant attention. We know that good roads, like good streets,, make value of farm lands, facilitate transportation, and add habitation along them most desirable; they enhance the untold wealth to the producers and consumers of the country ; they economize time, give labor a lift and make millions in money; they sav(? wear and tear and worry and waste ; they beautify the countiy and bring it in touch with the city; they aid the social and religious and educational and the industrial progress of the people ; they make better homes and happier fire- 36 Public Papees of Goveknoe Sulzeb sides ; they are the avenues of trade and the agencies of speedy communication; they mean the economical transportation of marketable products — the maximum burden at the minimum cost; they are the ligaments that bind the country together in thrift and industry and intelligence and patriotism; they promote social intercourse, prevent intellectual stagnation, and in- crease the happiness and prosperity of our producing masses; they contribute to the greatness of the city and the glory of the country, give employment to our idle workmen, distribute the necessaries of life — the products of the fields and the forests and the factories — encourage energy and husbandry, inculcate love for our scenic wonders, and make mankind better and happier. In the near future I shall communicate to you some fui'ther views by way of recommendations regarding the building and maintenance of good roads, and the complete reorganization of the Department of High- ways into the Department of Q-ood Eoads, having a single responsible, experienced and competent head, with full powers to do the work required along safer and better and more comprehensive lines, in order to promote greater economy and a higher degree of efficiency in the future building and maintenance of good roads. Home Rule Let us stand squarely for Home Rule and local self- government — Home Rule for the State ^ — for the re- served rights of the State — against encroachments by the central government at Washington. Home Rule for the counties, and the cities, and the towns, and the villages of the State against legislative tinkering and invasion. Messages to the Legislatuee 37 I believe in local autonomy as, a fundamental right. Long experience has taught me that many of the evils the people want remedied ; that most of the things the people want done, can be remedied and can be done through local agencies without interference by the National and State Legislatures. Let me urge you to be firm at all times for Home Rule, and for the rights of the peppleJin,, their respec- tive communities to govern themselves politicatlyv as well as otherwise, without legislative interference ex- cept when absolutely necessary. Taxation In view of the increasing expenditures in the admin- istration of State affairs, mounting higher and higher each succeeding year, and necessarily imposing oner- ous burdens on our taxpayers, I recommend genuine retrenchment in every department of the State, to the end that expenditures be kept down to the minimum and taxation materially reduced. Unless this is done in a systematic way additional methods must be devised to raise greater revenue. I am in sympathy with the oppressed taxpayers of our State and to the best of my ability will aid you in your efforts to lighten their burden. Nothing will gratify me more than to be able. to say to the people when you adjourn that this Legislature was one of the most economical in the history of the State, and by its wisdom and economies wiped out every vestige of direct tax. The Way to Econ'Omize The way to stop extravagance is to retrench and economize. A cursory examination into State affairs convinces me that many expenditures can be stopped 38 Public Papers of Govebnob Sxtlzeb and efiSciency promoted if every State officer will clean house, stop waste and practice every economy con- sistent with good government and the orderly adminis- tration of public affairs. Let us do our best, day in and day out, to save wher- ever it is possible, and make honesty and simplicity, economy and efficiency the watchwords of our admin- istration of the people's business. Committee op Inqtjihy Many worthy citizens have suggested to me the advisability of examining, throjigh a Committee of In- quiry, into every department of the State Government . to ascertain where expenditures can be checked and the money of the taxpayers saved, and also to recom- mend to the Legislature in this message the desirability of abolishing useless officies, consolidating wherever possible bureaus and commissions, with the sole object of more rigid economy and a greater degree of efficiency. I recommend these wise and timely suggestions to your careful consideration, and promise to do my part to render you and the people all the aid I can to lessen the burdens of taxation. Conclusion The people are now looking to us to make good in the administration of State affairs. We live in a progressive age; the world is moving forward to a higher level, and mankind conscious of its power hopes for nobler things, and demands better government un- tirammeled by politicar expediency and unhampered by partisan considerations. We must be up and doing to keep pace with the best thought of the times. The Messages to the Legislatuee 39 people hope much from us, and to merit their continued confidence and meet their just expectation it is incum- bent that we grasp the opportunity and accomplish the things desired. (Signed) WM. SULZBE Joint Resolution of Congress Proposing an Amendment to the Constitution Providing that Senators shall be Elected by the People of the Several States State of New Yobk — Executive Chambeb Albany, January 6, 1913 To the Legislatuee: I have received from the Secretary of State, of the United States a certified copy of a resolution of Con- gress, entitled " Joint Resolution Proposing an Amend- ment to the Constitution providing that Senators shall be elected by the People of the several States, ' ' and in accoi:dance with his request I submit it to your hon- orable bodies for ratification in accordance with the expressed wishes of the people. The amendment proposed by this joint resolution, adopted by two-thirds of both houses of Congress, is as follows : ' ' Resolved by the Senate and House of Representa- tives of the United States of America in Congress assembled (two-tjhirds of eg-ph House concurring therein), That in lieu of the first paragraph of section three of Article I of the Constitution of the United States, and in lieu of so much of paragraph two of the same section as relates to the filling of vacancies, the following be proposed as an amendment to the Con- stitution, which shall be valid to all intents and pur- 40 Public Papers of Goveknoe Sulzeb poses as part of the Constitution when ratified by the legislatures of three-fourths of the States ; ' ' ' The Senate of the United States shall be com- posed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. ' ' ' When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies ; Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by elec- tion as the legislature may direct. " ' This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution. ' ' ' I indulge the hope that this amendment to the Fed- eral Constitution will be ratified without delay. (Signed) WM. SULZER Conservation of Natural Resources and Recommending Repeal of Charter Granted by the Legislature of 1907 to the Long Sault Development Company State of New York — Executive Chamber Albany, January 13, 1913 To THE Legislature : In my recent message to your honorable body I recommended for your careful consideration, the con- servation of the natural resources of the State, and Messages to the Legislatube 41 their development and utilization for the benefit of all the people. We are the trustees of future generations. We must protect and preserve the rights of those who come after us. We should be true to our trust. This is the duty of the day, and the real solution of the problem of true conservation. The State of New York, in my opinion, is now com- mitted to the policy of conserving all of its natural resources, and particularly of developing our vast water powers, so that they may be of benefit to all the people of the State. In this connection I desire to call your official atten- tion to the unconstitutionality of a charter which was attempted to be granted by the Legislature of 1907 to the Long Sault Development Company by chapter 355 of the Laws of 1907. Pursuant to a resolution of the Senate of this State, the Attorney-General, after careful and exhaustive con- sideration, transmitted to the Senate on January 1, 1913, in the form of an opinion, his conclusions as to the validity of the said act. Suffice it to say that I .am fully in accord with the able opinion of the Attorney-General, which clearly demonstrates that said act is unconstitutional and void for the following reasons : 1. That the act in question contravenes section 18 of article 3 of the State Constitution, which provides that the Legislature shall not pass a private or local bill granting to any private corporation, association or individual any exclusive privilege, immunity or fran- chise whatever. This bill is private and local and grants an exclusive privilege,_as contemplated by sec- tion 18 of article 3 of the Constitution. 42 Public Papers of Goviebnob Sulzee 2. It violates section 7 of article 7 of the State Con- stitution, -which provides that the lands of the State now owned or hereafter acquired, constituting the For- est Preserve as now fixed by law shall be forever kept as wild forest lands, and shall not be leased, sold or exchanged or taken by any corporation, public or private. The bed of the St. Lawrence river which, by the act in question, . is directed to be conveyed to the Long Sault Development Company, is owned by the State and was so owned at the time the provision of the Con- stitution was adopted, and was included within the Forest Preserve, as defined by section 100 of chap- ter 332 of the Laws of 1893, describing the lands in- cluded within the State Forest Preserve. 3. The act in question is a private bill and embraces more than one subject, and is, therefore, in violation of article 3, section 16 of the State Constitution which provides that no private or local bill which may be passfed by the Legislature shall embrace more than one subject, and that shall be expressed in its title. 4. The act is invalid as being in excess of the powers of the Legislature, in that it provides for the aliena- tion by the State to the Long Sault Development Com- pany of title to the land in the bed of the St. Lawrence river. The title of the State in those lands is a sov- ereign right, rather than a proprietary title. It. is inconsistent with that. right, which must be exercised for the benefit of the whole people, that the title to the bed of a navigable stream should be granted in fee to a private corporation. The Attorney-General, the State Conservation Com- mission and myself are convinced that this act is void and unconstitutional, and that the appropriate action Messages to the Lbgislatubb 43 to be taken by the Legislature at this time is to repeal the said act. Let me say further that I am advised by the Comp- troller that certain sums of money have been paid into the State treasury by the. Long Sault Development Company, as required by certain terms of the said act. I respectfully suggest to your honorable bodies that such sums should be repaid to the Long Sault Develop- ment Company, together with interest. In regard to any valid and legal claims which the Long Sault Development Company may have against the State of New York, by reason of the repeal by the Legislature of the said act,. I suggest that the same be referred to the Board of Claims for its determination. Not only is said act violative of the provisions of our State Constitution, but its provisions are in other respects improvident, unwise .and indefensible, both from an industrial and an economical point of view. The State Conservation Commission reports : ' ' The vast power available at this place constitutes one of the State's greatest natural resources.^ The advances in the art of electrical transmission makes it economically feasible to use the same throughout the State. At present it is going to waste. It is for the interest of all that this power should be developed and utilized by the people and for the people. Cheap power will enlarge the use of electricity for domestic and .commercial purposes ; stimulate industry ; increase our wealth and add to our population. Private interests should not be allowed to exploit and monopolize the same. The State should develop this power for the benefit of the ultimate consumer." Investigations made by the engineers of the State Conservation Commission demonstrate, among other 44 Public Papers of Govebnoe Sulzer things, that a full economic development at the Long Sanlt rapids will produce one million (1,000,000) horse- power, of which, by treaty arrangement with Canada, it is to be expected that New York will receive no less than one-half. It is hard to conceive of the vastness of five hundred thousand (500,000) horsepower, trans- muted into electrical energy. It is nearly three-quar- ters of the sum total of all the water powers now devel- oped in New York State, including that at Niagara. It is estimated to be more than sufficient to run one- third of all the industries of our State, which are now operated by steam power, exclusive of steam railways, but inclusive of electric railways. These two facts may help to show the importance of this vast power to the industrial welfare of our State. This immense power, so valuable to our peoplie, is at a transmission distance of 340 miles from New York city, or about 40 miles nearer than Niagara' Falls. It is only 180 miles from Syracuse and about the same distance from Albany. Great strides are being made in improving mechanical contrivances for transmitting hydro-electric power under high tension, and recent inventions and improvements make it probable that in the near future such power can be carried and trans- mitted with industrial and economical efficiency over vast distances. At present it is reported as practicable to transmit power from the Long Sault Rapids to New York city for steady, continuous loads much cheaper than such loads can now be carried with steam power. This will inevitably result in a great saving to the consumer, and be of inestimable value to the State. In order that we secure for all our citizens the many and the lasting beneficial results of the proper develop- Messages to the IjBoistiATUBE 45 ment of our natural resources, particularly of our now unused water powers, in accordance with our construc- tive policy in these matters, to which our State now stands committed, I respectfully recommend that chap- ter 355 of the Laws of 1907 — the Long Sault Develop- ment Company's charter — be immediately repealed. (Signed) WM. SULZEE Transmitting Report of Board of Statutory Consolidation, Recommending a Pian for the Simplification of Legal Procedure in the Courts of the State State of New York — Executive Chamber Albany, January 15, 1913 To the Legislature : I have the honor to transmit herewith the report of Adolph J. Rodenbeck, William B. Hornblower, John G. Milburn, Adelbert Moot and Charles A. Collin, con- stituting the Board of Statutory Consolidation, recom- mending a plan for the simplification of legal pro- cedure in the courts of the State, prepared and sub- mitted in pursuance of chapter 393 of the Laws of 1912. Over fifty years ago the State of New York revolu- tionized its system of practice and procedure in the courts by eliminating complex technicalities and simplifying the procedure so as to secure the prompt termination of legal controversies, in accordance with justice and the substantive law applicable to the facts, without delay, diminution or obstruction of justice by reason of mere technicalities of practice or procedure. The example thus set by the State of New York was 46 Public Papers of Governor Sulzer soon followed by other States and most English speak- ing countries, with the result of establishing, through- out the English speaking world, what has come to be known as the Reformed Procedure. My experience as a lawyer, and my observation of the conduct of litigation in our courts, have compelled me to the conviction that, during the last thirty years, a new set of complex technicalities has grown uncon- sciously into our system of legal procedure, adding to the uncertainty, delays and expense of litigation, ob- structing the administration of justice, and causing evil results which fall most heavily upon those least able to bear them, sometimes amounting, in practical effect, to denial of justice and closing the doors of the courts against the very people whose sole reliance must be on the courts for protection against the op- pression and injustice of the wealthy and powerful. I have often, of late, had reason to believe that the State of New York has lost its leadership in the re- form of judicial procedure, and fallen behind other States in this country and even, in some respects, be- hind conservative England. In my first message to this Legislature, I therefore recommended " the enactment of such legislation as will relieve the present legal system of the delays, the unnecessary expense, and the uncertainties incident to the present procedure. ' ' My own convictions of the necessity of a drastic re- form of our civil procedure, are confirmed and justified by this report of the Board of Statutory Consolida- tion, with its careful and thorough analysis and com- parison of the systems of procedure, now in force in this and other States and England. As ,the result of such analysis and comparison, the Board unanimously recommends abandonment, rather Messages to the LegiptjAtuee 47 than revision and amendment, of our present cumber- some Code of : Civil Procedure, wliieli is now over- loaded witli innumerable, and incongruous amend- ments, and from the time of itg enactment, in 1876, has never been as satisfactory as the original /Field Code of 1848. The Board unanimously recommends, as a sub- stitute for the present I Code of Civil Procedure: I. A Short Practice Act which would preserve in statutory form the fundamental and jurisdictional matters of procedure in the present Code, with such changes as may be necessary to adopt such provisions to present conditions. II. Rules of Court (subject to adoption, ajjiendment and repeal by the judges), redrafted so as to preserve and regulate such minor details of practice in the present Code and Court Rules, as should be preserved in the written law, but omitting entirely minute details of practice which can be regulated much more satis- factorily, by each judge before whom such matters come up for determination, and without any danger that the judges will abuse the discretion thus reposed in them. III. Such changes as will simplify and modernize the practice so as to secure a prompt and final deter- mination of legal controversies according to the sub- stantive rights of the parties; and to that end the fol- lowing among other changes are recommended: (a) The court should have full power to disregard, in: the interest of justice, at any stage of the case, any mistake, irregularity or defect which does not affect the substantial rights of a party. (b) Provision should be made, so far as practicable and constitutional, for obviating more than one trial of an issue of fact, by authorizing the court, on appeal. 48 Public Papers of Goveenoe Sulzer to disregard errors of the court below, not affecting substantial rights, to take further proofs when deemed necessary for bringing out all the facts material to the controversy, and to render final judgment in accord- ance with the law applicable to all the facts of the case thus brought before the Appellate Court, without granting a new trial. (c) There should be but one form of action and there should be a complete disposition of the entire controversy, by the joinder of all parties, whether jointly, severally or in the alternative, and a simple statement of all differences between them, subject to a separate trial of any issue upon order of the court. (d) The demurrer should be abolished and all re- lief for defective pleading should be by motion. This brief outline of the general plan and partial enumeration of its details, sufficiently demonstrate the vital importance of the questions presented by this report. A lack of confidence in the courts is one of the greatest evils that can befall the State. No more dangerous wound can be inflicted upon the State than unjustly, and without cause, to destroy confidence in its courts of justice. By the same token, no, greater service can be rendered the State than to, remedv audi remove any just cause for distrust or lack, of" con- fidence in the equality, efficiency and righteousness of the system of administering justice in the courts. I regret exceedingly that it will be impossible for the Board to submit to this Legislature the draft of a bill embodying its recommendations. The act of 1912 only authorizes the Board to prepare, and submit to this Legislature, a plan for the simplification of the practice in the courts, and only became a law on April fifteenth last. It is evident from the drastic character Messages to the LEGisiiATUKB 49 of the conclusions reached by the Board, as well as from the contents of the report, that the investigations of the Board have covered a wide field of inquiry, and that its report is the result of thorough study and care- ful deliberation. The personnel of the Board is«suffi- cient guaranty that the drastic plan recommended has not been adopted hastily or unadvisedly, but repre- sents the mature judgment of conservative, experi- enced and practical lawyers, awake to the evil, and not likely to suggest ineffectual or unnecessarily drastic remedies. Under the law, as it now stands, the work of the Board is finished. It is for this Legislature to de- termine whether the plan recommended by the Board shallbe worked out in detail, and whether the draft of a bill embodying the plan shall be submitted to the next Legislature. The work of the Board under the act of 1912 has been performed as a patriotic service, without pecuniary reward. If the plan is to be car- ried out, most of the immense mass of detail work must necessarily be done by one man, and it is understood that the chairman of the Board will devote his time largely to that portion of the work, for which he should be allowed reasonable compensation. It is understood that the other members of the Board will act chiefly in consultation in an advisory capacity, and if the Legislature charges them wi1;lj, thg responsibility, that they are willing and prefer, ijo continue the service without pecuniary compensation. If the Legislature approves the report, it is manifest that its approval, should be expressed as promptly, as practicable, in order that the work of the Board, may be resumed, without unnecessary intermission, and completed, with the necessary care and deliberation, in time for submission to the next Legislature. 50 Public Papebs op Govbbkoe Sulzek I recommend that the Legislature express its ap- proval of the report of the Board, by passing a bill for carrying the report into eff&ct, substantially along the lines of the draft of proposed bill annexed to the report. (Signed) WM. SULZER Transmitting Report of William B. Ellison, Commis° sioner Appointed by the Governor on Revision of the Standard Fire Insurance Policy of the State State op New York — Executive Chambbk Albany, January 20, 1913 To the Legislatueb : I respectfully transmit herewith for the careful con- sideration of your honorable bodies, the report made to me by the Honorable William B. Ellison, as a Com- missioner, on the advisability of a complete and thorough revision of the Standard Fire Insurance Policy of this State. Recently I wrote Mr. Ellison the following letter : ' ' State op New. Yobk ^ — Executive Chambee Albany, January 4, 1913 Hon. William B. Ellison, 165 Broadway, Neiv Yorh City: Dear Sib. — I have received many communications, both written and oral, which have officially directed my attention among other matters relating to fire in- surance, to the form of the Standard. Fire Insurance Policy provided by statute and now used iii this State. It has been stated that our standard form requires Messages to the Legislatuee 51 radical revision and improvement in order to do jus- tice between botli the insurer and the insured. In addition, the many decisions of the courts, some conflicting with others, have produced a condition of much confusion in regard to the exact scope, meaning and effect of our Standard Fire Insurance Policy. The State of New York and its citizens should enjoy the use of the very best form of fire policy it is possible to devise. It is apparent that legislation is necessary to make clear and definite the provisions of an ade- quate and proper form of standard policy and bring about the desired beneficial results in the interest of all the citizens of the State. To the end that I may properly recommend appro- priate legislation in this respect, at my personal re- quest, you have, with generous action and fine public spirit, offered your services, entirely without com- pensation or other expense to the State, in collating necessary facts, receiving suggestions and making recommendations as to what changes, if any, are ex;- pedient and advisable in the laws of our State relating to this particular subject. With your long and varied experience as a lawyer, particularly m insurance matters, I am confident that your carefully formed opinions Avill be of the greatest value and assistance to me in suggesting the necessary legislation. I take pleasure in transmitting to you herewith your designation as my Special Commissioner for such pur- pose, and wish you to understand that it is not my intention to limit you merely to the consideration of the form of standard fire policy, but your inquiry should properly include every phase of the subject of fire insurance. 52 Public Papers of G-ovebnoh Sulzeb I desire to commend your action in thus serving the community as a most welcome illustration of the public spirit of our citizens. I shall be glad to receive your report at as early a date as you may find practicable. I have the honor to remain, Respectfully yours WM. SULZER" Accompanying said letter was the following ap- pointment : ' ' State op New Yoek — Executive Chambeb It having been called to my official attention that changes are desirable, expedient and advisable in the laws of this State relating to fire insurance, to the end that there may be an effective and comprehensive plan adequate to the needs of those interested, I, William Sulzer, Governor, hereby designate William B. Ellison of New York City, as a Special Commissioner, to serve without compensation or other expense to the State, for the purpose of collating facts, receiving sugges- tions and making such recommendations as may seem fitting, with regard to what changes, if any are at this time advisable in the laws of this State relating to and affecting fire insurance. GrivEN under my hand and the Privy Seal of the State at the Capitol in the city of Albany, [l. s.J this fourth day of January in the year of our Lord one thousand nine hundred and *^^^*^^"- WM. SULZER By the Grovernor: Chesteb C. Platt Secretary to the Governor " Messages to the Legislature 53 In submitting his report Mr. Ellison writes me as follows : "Albany, N. Y., January 16th, 1913 My Deae GrovERNOB. — I beg leave to accompany J;his with my report on the proposed revision of the stand- ard policy of fire insurance in this state. I have confined my report to the body of the policy as originally adopted and I have not taken under con- sideration any of the ' Riders ' now in use, for the reason that several of them were adopted by agree- ment between the New York Board of Fire Under- writers and the State Department of Insurance. Under such circumstances I have not felt free, or felt that it was desirable, to interfere with matters that have had the approval of the Superintendent of In- surance. I have been impressed with the idea that such matters might be well taken up between the Su- perintendent and yourself. I feeljjhawever, that I should say to you that many of 'the ' ripers ' now in use have been made the sub- ject .bf. very vigorous criticisms in numberless com- mumoations, oral a«d written, made to me while I had the'maiin question under consideration. ■^ JSiJee^lfthe complaints against these riders, and the way they are attached, have been productive of a great deal of discontent. Should you later desire me to take up for further consideration questions arising under the ' riders ' to which reference has been made, I will, of course, be glad to do so. So far, also as are concerned the many other mat- ters involved in the business of fire insurance in this 54 Public Papers of Goveenob Sulzeb •State, to wMch reference was made on my appointment as Commissioner, I beg leave to say that I rest subject to your further directions. I remain, Faithfully yours WILLIAM B. ELLISON Commissioner To Hon. William Stjlzeb Governor of Neip. York State " After cari^ully reading this impartial report, I be- lieve it to be my. duty, in the interest of all the people, to reconimend a revision of the present Standard Policy of Fire Insurance for the following reasons : The present Standard F'ire Insurance 'Policy is filled with perils to the innocent insuring public, and it is now, in my opinion, beyond dispute that there should be a simplification, at least of the conditions upon which protection against fire in the way of insurance is obtainable. The Standard Fire Insurance Policy of this State contains a mass of technical conditions and provisions that the people find most difficult to understand. In- deed, they are so fraught with technicality and am- biguity that the courts themselves, the highest courts of record in the country, constantly differ in matters of construction. This should not be difficult of remedy and the public welfare it seems to me demands that it be, remedied at once. Of course we should not attempt to destroy any reasonable protection tha,t may be claimed for the Fire Insurance Companies, but at the same time, I contend that the rights of the insured should not be left, as is frequently the case under the present fotm of policy, to the charity of the compahy.' The provisions of the : JIJBSSAGES TO THE LEGISLATURE 55 policy should be made so simple, so short, and so clear that the rights of both are apparent, and the interests of both are safeguarded. The State of New York should have the best Stand- ard Fire Insurance Policy in the country. « (Signed) WM. SULZER Calling Attention to the Necessity of Remedial Legis- lation Regarding Stock Exchanges State of New Y.oek — t E^xj^QWive Chambee Albany, January 27, '1913 To the Legislature: A matter cohcernirig the gfeiieral welfare of our State, to which I desire to call the attention of your honorable body, is the subject of remedial legislation regarding stock exchanges. These stock exchanges, as is well known, are places where the purchase and sale of stocks, bonds and other seciirities, as distinguished from commodities, are car- ried on and transacted. Illegitimate stock speculations result from improper, unnecessary, and fraudulent manipulations through matched orders, wash sales, pooling agreements, etc., which are no more' nor less than fictitious transactions, and affect the ptiblic by assiimiiig to Create values where none exist, or values not according to the in- trinsic worth of the securities. The people have a vital interest in seeing to it that transactions upon, stock exchanges are conducted honestly, and with due regard to the protection of the investing public. These transactions involve such 56 . Public Papers of Govebnob Sttlzeb great amounts, affect sucli a large number of the in- vesting public, and are so bound up witb the success of our business enterprises, that the subject is one re- quiring careful consideration by the members of the Legislature of the greatest commercial State in the Union. Complaints of flagrant abuses led Governor Hughes, in December, 1908, to refer the subject for investiga- tion to an unofficial committee of eminent citizens of conspicuous ability, who submitted a comprehensive report thereon the following June. In dealing with the subject this committee recognized the fact that these stock exchanges are the most im- portant markets in the world ; that their influence upon the welfare of the people of the United States cannot be overestimated; because they are the places where prices are made, and a ready market provided, for the billions of dollars of corporate securities, constituting the investments of perhaps a million individuals, and thousands of banks, savings institutions, and insur- ance companies. The report shows that the committee was convinced that serious abuses existed. It declared that a sub- stantial part of the transactions in these stock ex- changes were virtually gambling operations; and the statements were conclusive that often prices of se- curities were grossly manipulated by speculators, causing material losses to the public and moral detri- ment to the people. While most conservative in its recommendations, this committee, of distinguished citizens, did not hesi- tate to condemn these evils specifically, and to ad- monish the governors of the exchanges to take the necessary corrective measures, which with their ex- perience and the plenary powers conferred upon them Messages to the Legislature 57 by their rules and constitution, they could devise more effectively, without injury to legitimate business, than any other body of men; pointing out that unless they did so the State would be compelled to intervene. These stock exchanges are an inevitable necessity. They cannot be destroyed without doing irreparable injury to business. When properly conducted they constitute an efficient agency for promoting industrial and commercial prosperity. As at present constituted, however, they are beyond the regulative powers of any administrative department of the State. That evils requiring immediate remedy exist is be- yond dispute. These evils are easily discovered and readily stated, but the remedies to be applied require deliberate consideration and the most delicate adjust- ment to meet the situation, so as to benefit the public at large, and at the same time not disturb economic and industrial conditions. Recently a committee of the House of Representa- tives has taken cognizance of the conditions, as matters which concerned the whole country, and has placed on record the testimony of soine of the governors of the exchanges, and of other persons, which leaves no doubt in the minds of men of judgment that the exchanges have been either incapable, or unwilling, to devise measures that will effectively eradicate the evils. In view of these circumstances it is now the obvious duty of the State, it seems to me, to devise the reme- dies. If the State neglects to do its plain duty, the State should find no fault if the Federal government acts in the premises. A critical examination of the testimony adduced in the congressional investigation shows that the grossest of the evils — manipulations of prices of securities, by means of which the public is deceived and mulcted — 58 Public Papers of Govebnob Sulzeb are not only possible under the present regulations of these excha:nges, but that they actually occur. It is demonstrated that the members of the ex- changes are aware of these occurrences, but ignore them; manifesting a surprising indifference to the public interest; and to the reputation of the exchanges which is often besmirched by these vicious operations. It is now conceded by some of the officials that a gambling taint is present in some of the transactions — a concession that confirms the general opinion. It has been established as a fact by the testimony, that transactions in their nature essentially fictitious, which make manipulations possible, are carried on without serious attempts at restraint, on the pretense that they are in form in compliance with the regula- tions. Abuses of the mechanisms, and violations of just and equitable principles of trading, are treated leniently instead of being vigorously condemned and followed by condign punishment. The testimony further shows that in cases where members have been punished for extreme violations of the rules, it also indicates quite clearly that there are habitual evasions, undisclosed because not investi- gat-ed. Many of the evil practices are not disclosed until the books of members who fail are examined ; but this has not led the governors to exercise their power of ex- amination prior to failures. The men who have been entrusted with the power to regulate the operations of these exchanges have some- times displayed inexcusable laxity in their duties to the public, frequently surprising incapacity to conduct the institutions properly, and again an unwillingness to enforce the just and equitable principles of trade Messages to the LBGisLAiruRE 59 which they profess. Since they have failed or refused to exercise the power to prevent such clearly vicious abuses, the authority of the State must be invoked to exercise that power. Certain of the methods of business and of the opera- tions conducted upon these exchanges have been the subject of many complaints and grave criticisms. Some of those methods and practices merit' the severest con- demnation and others do not appear, upon careful ex- amination of: the facts, to be well founded. As a matter of fact it seems to nae the necessary ma- chinery of these exchanges is often employed with im- punity by or through members to commit depredations upon the public. These things must be stopped. An enlightened public opinion demands it. An exchange in which they occur ceases to be a legitimate market, and becomes a powerful mulcting instrument. Suffice it for me now to call to your attention certain suggestions that have been made looking toward: inJr' mediate remedial legislation, and tP submit for your consideration other subjects with a view to essential, legislg.tive acts. i;, Manipulation Of the many subjects of complaint none exceeds in importance the grievances that arise from the subject of so-called stock manipulation. This manipulation is one of the matters about which there has been much public discussion. It may not be easy to define manipu- lation or to lay down pilps that will clearly distinguish between justifiable and unjustifiable transactions in securities. The bringing of a stock intp notice so that it may be a marketable security at its real value re- sulting from sales and purchases is not open to valid criticism. 60 Public Papers of Govebnor Sxjlzee What is a subject of just criticism, however, is a con- certed movement artificially to raise, or depress, the price of a stock in order to enable those participating in the movement to realize a resulting speculative profit. Such movements in the main seem to be pro- duced by a combination of men uniting together for the purpose of raising, or depressing, the price of a security in which they have decided to institute a movement. A law should be promptly enacted that will clearly distinguish proper transactions of purchase and sale, on the one hand, from those on the other hand that are the result of combinations designed to raise artificially, or to depress, the price of securities without regard to their true value, or to the real state of legitimate de- mand and supply. The Power op the State The power of the State to enact remedial legislation to cure existing evils in such business, and place it under the regulative administration of one or more of its departments is undoubted. This authority of the State is embraced within the State's sovereign power, called the ' * police power. ' ' An able characterization of the police power of a State was made by Mr. Justice Harlan in the well- known case of House v. Mayes, 219 U. S. 270, at 282, where he states : " That the government created by the Federal Constitution is one of enumerated powers, and cannot, by any of its agencies, exercise an author- ity not granted by that instrument, either in ex- press words or by necessary implication; that a power may be implied when necessary to give Messages to the Lbgislatube 61 effect to a power expressly granted; that while the Constitution of the United States and the laws enacted in pursuance thereof, together with any treaties made under the authority of the United States, constitutes the Supreme Law of the land, a State of the Union may exercise all such govern- mental authority as is consistent with its own con- stitution, and not in conflict with the Federal Con- stitution ; that such a power in the State, generally referred to as its police power, is not granted by or derived from the Federal Constitution but ex- ists independent of it, by reason of its never hav- ing been surrendered by the State to the General Government; that among the powers of the State, not surrendered — which power therefore remains with the State — is the power to so regulate the relative rights and duties of all vithin its juris- diction so as to guard the public morals, the public safety and the public health, as well as to promote the public convenience and the common good; and that it is with the State to devise the means to be employed to such ends, taking care always that the means devised do not go beyond the neces- sities of the case, have some real or substantial relation to the objects to be accomplished, and are not inconsistent with its own constitution or the Constitution of the United States." In speaking of the police power, Mr. Justice Holmes, in the case of Noble State Bank v. Haskell, 219 U. S. 104, at 111, used the following language : " It may be said in a general way that the police power extends to all the great public needs. {Can- field V. United States, 167 U. S. 518.) It may be put forth in aid of what is sanctioned by usage, or 62 Public Papees op Govbbnoe Sulzbb held by the prevailing morality or strong and pre- ponderant opinion to be greatly and immediately necessary to the public welfare. ' ' CoNCEBTEB Movements to Deceive It is my judgment also that where, by a combination or concerted movement, a body of men seek to give to a stock an appearance of activity that does not in fact belong to it, for example, by selling backward and for- ward among themselves blocks of a particular stock, or by selling it out through one broker and at the same time buying it back through another, there is danger that this operation may mislead or deceive outside investors, the practice should be prohibited. If operations of this character do mislead or deceive, and do induce outside investors to purchase stock under a false impression as to the extent of the demand for it and the nature of the market for it, a statute should be placed on the books forbidding such oper- ations. So long as transactions are not calculated or intended to mislead or deceive, and do not infringe upon the rights of others, they should not be interfered with ; but transactions that are fraudulent in their nature and amount to fraudulent schemes or devices, should be rigorously prohibited. I urge upon you the prompt enactment of laws to end these shifty schemes, and to forbid these clever com- binations .to catch the unwary and to mislead the public. Short Sai.es The subject of so-called " short sales " is one requir- ing your serious consideration. A contract to sell property which a man does not own at thei time, but Messages to the Legislatuee 63 with which he can provide himself in time for the per- formance of his contract, is a general transaction throughout the various branches of business, and is not limited or peculiar to stocks or securities sold on ex- changes. It is a subject which has been very much dis- cussed by writers on financial topics, and one that has also been the subject-matter of legislation in this and other countries. As with other business transactions, it may be perverted so as to work an injury to the public. The best views seem to be that short-selling in and of itself is not a wrongful or reprehensible thing, but it is the abuse of this practice that works injury to the public. Your efforts in the enactment of legislation should, therefore, be to draw that distinction so that what will be condemned is the perversion of a legitimate form of business to improper ends. Combinations of men through short-selling to depress a stock artificially for the purpose of buying it in to complete their short sales at an unwarrantedly low price, and thereby realize a profit which is not the result of natural prices, but of a condition fictitiously created by themselves, is the feature of the matter which is to be condemned. Hypothecation of Secukitibs The relation of a broker to his customer is one that is governed by the general law of the land, and is the same whether transactions on stock exchanges are involved or not. Their respective rights in securities which are bought or sold for the customer, the extent to which securities that have been bought for the cus- tomer partly on credit may be pledged by the broker for the security of the amount owing on them, and, generally, the reciprocal rights and obligations of the 64 Public Papers of Govebnob Sulzeb broker and his principal, are matters which have been mtich considered by the courts and respecting which rules of law have been and are constantly being formu- lated. But it has been the subject of just complaint that in the case of failures customers of the failing brokers have lost in whole or in part securities which had been purchased for theni. Such losses result from a viola- tion of the law governing the relations of broker and principal. This entire subject should receive imme- diate consideration at your hands, and all necessary modification of existing law for the protection of the investing public should be promptly made and all acts productive of such losses which are now merely a mat- ter of civil liability, should be brought under the con- demnation of the penal law. Teading Against Customers ' Orders Legislation should be devised which will require of brokers the execution of orders given them so that, whether purchases or sales, they shall be purchases from or sales to independent persons, and so that in no case shall a broker employed to buy for his cus- tomer be the seller on his own account, or as broker of some other principal of his own without disclosure of the fact. If there are cases in which, because of the peculiarity of the stock and the dealings in it, a pur- chase cannot be made excepting through acquiring the stock of another principal of the broker, those excep- tional cases should be defined with precision. It has been charged that there has been a practice on the part of some brokers of selling for their ovm account the same stocks that they have been ordered to buy for their customers contemporaneously with the execution of the orders on behalf of theit customers. Messages to the Legislatuee 65 Suoli transactionsj of course, amount to a virtual buck- eting by brokers of the orders of their customers. They come within the same principles that led to the condemnation of bucket shops. They are obviously unjustifiable, and should be stringently forbidden by a clear and explicit statute on the subject. Pkohibiting Brokers prom DpisTG Business After Their Known Insolvency One of the most widespread causes of complaint, and one of the most morally reprehensible practices, con- sists in a broker doing business after he has become actually insolvent, or knows or has reason to believe himself to be insolvent. Cases of great hardship upon the innocent investing public are due chiefly to the fact that the broker, has received his customer's money when he knew he was insolvent. Banks are forbidden by law to receive deposits after their known insolvency. Brokers should be subjected tp a like restriction. I, therefore, recommend an amendment to the law, with appropriate penalties for its violation, forbidding a broker to receive securities, or cash, from his cus- tomers, excepting in liquidation of, or as security for, an existing account; or to make fresh purchases or sales for his own account, after he has become insql- vent. The law should also contain a clear definition of insolvency within the ^ meaning of the act, either analogous to the insolvency provisions of the National Bankruptcy Act, or othe,rwise clearly defining such insolvency. More Stringent Penal Provisions Affecting Bucket Shops Under the law of New York as it is at present it is necessary to establish that both parties to an ostensible Vol. 1—3 66 Public Papbbs of Gtoveenok Sulzek trade in securities intended that it should be settled by the mere payment of differences and not by the actual delivery of property. It follows from this state of the law that the keeper of a bucket shop may escape the penalties now imposed by the law merely by prov- ing that his customer was an innocent victim and not a consenting party to the illegal transaction. I believe the Penal Code should be amended so that it shall be necessary only to show that the bucket shop keeper intended that there should be no actual delivery of property. False Statements One of the most widespread of public grievances in connection with the purchase of stocks arises from false or fraudulent prospectuses, statements, or adver- tisements regarding corporate securities. tJnder our law as it now exists it is difficult to bring to justice per- sons Who, by means of false and fraudulent statements, advertisements and promises, deceive and wrong the investing public. These deceiving practices have been attacked under the Federal laws forbidding the use of the mails for fraudulent purposes. I recommend amending the law of this State so as to make it a criminal offense to issue any statement, or publish any advertisement, as to the value of any stock, or other security, or as to the financial condition of any corporation, or company, issuing or about to issue stock or securities, where any promise or predic- tion contained in such statement, or advertisement, is known to be false or to be not fairly justified by exist- ing conditions. USUEY The repealing of the exemption contained in the law of New York regarding interest upon call loans of Messages to the Legisi-ature 67 $5,000 or over, secured by collateral, has been the sub- ject of much discussion. It has been charged that this exemption in the law regarding the rate of interest had facilitated over-speculation and stock gambling operations. But whether persons who borrow, or need to borrow, sums of money in amounts over $5,000, secured by col- lateral, for the purpose of speculation or otherwise, should be forbidden to pay more than 6 per cent, interest on their call loans, thus secured, is a serious question which! commend to your- careful considera- tion, and, after all the facts have been presented to you and the subject fully considered, should be dealt with by such remedial legislation as shall be deemed wise and in the best interests of the public welfare. Relations Between Exchanges Complaint has been made that the restrictions placed by certain exchanges on the right of. their members to act for the members of other exchanges, or to belong to such exchanges, result in unfair discrimination and injustice. The existing rules and practices in this regard should be carefully considered, and if these rules, in fact, or in their actual operation, result in injustice, or in the curtailment of honest business, or in harm to the general investing public, then I recommend such remedial legislation as the facts require. Incoepoeation of Exchanges It has been urged that the law be amended so as to require the incorporation of these stock exchanges, to the end that the authority of the State over the trans- actions upon these exchanges and the acts of their gov- 68 Public Papees of G-overnok Sulzeb erning bodies may be directly invoked. On the other hand, it has been argued with great cogency that the power of discipline possessed by the governing bodies of these exchanges over the conduct of their members, which can now be exercised in a summary manner, would be curtailed and frustrated by delays and tech- nical obstacles which would greatly impair their just disciplinary powers, and lead to a lowering of their standards of business morality, to the ultimate detri- ment of the investing public. Whether, if appropriate legislation shall be framed and enacted into law deal- ing with the specific subjects above enumerated, the public will be adequately protected without the incor- poration of these exchanges, is a question which I sub- mit for your serious consideration. Some of these reasons were clearly stated in the report of the Hughes ' Committee, but no definite action was taken, and no effective legislation was suggested, the committee stating substantially: " This Committee in refraining from advising the incorporation of exchanges does so in the ex- pectation that they will in the future take full advantage of the powers conferred by voluntary organization, and will be active in preventing wrongdoing, such as has occurred in the past. Then we believe there will be no serious criticism of the fact that they are not incorporated. ' ' The members of these exchanges must realize that many of the customs and rules now controlling them are antiquated and unfitted for present-day purposes, and they should be desirous, in their own interest, of expeditiously adopting corrective measures that, when put into operation, will place the exchanges in harmony with the progressive spirit of the times. Every stock Messages to the Legislature 69 transaction should be above board. Corporations wbose securities are bought and sold on these ex- changes should be compelled to make regular audited reports. Publicity should be the watchword. The trouble with the exchanges so far as the investing pub- lic is concerned, is lack of confidence. It can only be restored by doing business straight and on the square and in the open. Let us go slow and not act hastily. Ill-considered legislation in regard to the purchase and sale of stocks and bonds might result in serious harm to the financial supremacy of the State, have a tendency to drive cap- ital away from New York, and might disorganize the large operations of legitimate business now centered in this State, to the detriment of its citizens and the commonwealth generally. Great care should be taken, therefore, in the con- sideration and enactment of just laws which, if wisely drawn, will protect the investing public, promote pub- licity, safeguard the rights of the people, restore con- fidence, and facilitate our business prosperity, but which, if inconsiderately enacted, may result in a seri- ous disorganization of general business. (Signed) WM. SULZER On Revision of the Standard Fire Insurance Policy of the State and Urging Careful Consideration State op New Yoek — Executive Chambeb Albany, February 10, 1913 To THE Legislature: On the 20th day of last month I transmitted to your honorable body the report made to me by the Hon- 70 Public Papers of Gtovebnoe Sulzeb orable William B. Ellison, as a commissioner, on the advisability of a complete and thorough revision of the Standard Fire Insurance Policy of this State, and urged that the subject be given careful consideration. In connection with this matter I have received a com- munication from the Honorable Joseph Johnson, Fire Commissioner of the city of New York, of which the following is a copy : ' ' FiKE Depabtmbnt of the City of New Yobk " February 5, 1913 " Hon. William Sulzer, Governor, New York State, Albany, N. T.: ' ' Your Excellency. — ^While appreciating highly the work done by your Special Commissioner, Hon. Wil- liam B. Ellison, in drafting changes in the Standard Fire Insurance Policy, I desire to call your special attention to the fact that any improvement made in the fire insurance contract under existing conditions is. only placing another weapon in the hands of dishonest persons who now resort to incendiarism. "As I have recently compiled an elaborate report covering this subject, a copy of which I have already placed in the hands of Your Excellency, I am not mak- ing a rash statement in asserting that to compel fire insurance companies to revise their policies without, at the same time, forcing them to change their methods of supplying these policies to the public, would be liter- ally adding fuel to the flames. " While reiterating my appreciation of Mr. Ellison's efforts, I maintain that it would be highly illogical, not to say disastrous, to place a better form of fire insur- ance policy in the hands of certain members of the pub- lic until legislation has been first enacted which will Messages to the Legislatueb 71 change the present methods of business as conducted by the fire insurance companies in this State. "The revision and improvement of the" Standard Policy should be subsequent to, or at least concurrent with, the alteration of the methods of fire insurance companies. These changes should compel fire insur- ance companies in this country to conform to the best precedents followed in foreign countries, where arson for insurance has been practically eliminated. ' ' I am appealing to Your Excellency, as one who has always had the interests of the great majority of the people at heart, to give your serious attention to the dangers which threaten the public from the present fire insurance situation. ' ' I am able to substantiate my estimate that 25 per cent, of our fire losses are due to incendiarism. ' ' I am able to prove by overwhelming testimony that fire insurance companies issue policies indiscrimi- nately, recklessly and wantonly. ' ' In the course of my recent investigation into incen- diarism, the Fire Department was able to obtain with- out previous inspection or even inquiry on the part of the fire insurance companies, fire insurance policies to the number of 135, covering $127,500 on household effects worth only $3.96. ' ' I am able to prove that the very companies who do this business in this city conduct their affairs abroad in a wholly different manner. None of these foreign com- panies, who do business in their own country, would have the temerity to issue policies in the indiscriminate manner in which they are scattering them broadcast throughout this city and country. ' ' In this connection, I might mention that the United States and Canada are the only two countries in the 72 Public Papers of Gtoveknok Sulzeb world in which fire insurance companies are allowed to do business in the present loose and culpable manner. ' ' This is not a local question here in New York city, but it is widespread throughout the country, and if Your Excellency wiU give the matter your careful attention, you will find that you are dealing with a national issue. It is on these broad grounds that I am writing to you and submitting a brief summary of my conclusions in reference to this vital subject of incen- diarism, which is responsible for a large proportion of our $250,000,000 national annual fire loss. ' ' Not only is incendiarism the cause of an enormous and irretrievable loss to this city each year, but human life is involved, owing to the fact that many of the fires started by incendiaries result in deaths to citizens as well as to firemen who fall in the pursuit of their duties. ' ' Since the publication of my report on incendiarism, fires in New York city have shown a remarkable falling off, which I can only attribute to the inauguration of this crusade against arson. For instance, in January, 1912, the number of fires in Greater New York was 1,780, whereas "the fires in January, 1913, for the same district have been 1,168. Therefore there were 612 less fires in January this year than there were in January, 1912. " Furthermore, fires in what we call ' The Fire Zone ' of New York city — the area bounded by East Ninety-sixth street. East One Hundred and Sixth street, Madison avenue and the East river — have fallen off to a remarkable extent; that is, from 42 fires in Janu- ary, 1912, to 14 fires in January, 1913, a reduction of more than 60 per cent. This is directly and solely due to the fact of the agitation against incendiarism con- ducted by the Fire Department, and ably seconded by the District Attorney's office. Messages to, the Legislatukb • 73 " It is claimed by some of our critics that the falling off in fires is attributable to our mild weather ; as there are naturally more fires in winter than in summer. I call your attention to the fact, however, that in July last year, including the usually heavy fires of July 4, there were 1,341 fires; in June, 1,339 fires, as against 1,168 fires in January this year. ' ' In the course of preparing the report on incendia- rism, not only was it dem.onstrated that fire insurance companies grant policies without the least regard to character of assured, or inspection of risks, but it has been amply proved that these companies recklessly grant insurance policies to business firms who have had many previous fires. ' ' In this matter of business fire insurance, an analy- sis was made of 14,574 fires which occurred in G-reater New York during 1911;, and it was demonstrated be- yond question that fires in certain trades occur not only with alarming frequency, but to an extent which can only be accounted for by the fact that these trades deliberately take advantage of present fire insurance conditions. " I might mention for Your Excellency's informa- tion, that the normal fire rate is about 30 per cent, for ' Not Ascertained ' fires ; that is, fires which, after investigation, do not reveal the causes of their origin. But in certain trades the nonasceartained fires rank as high as 78 per cent., 71 per cent;, 69 per cent., 65 per cent, and so on. Careful investigation has also re- vealed the fact that financial and trade conditions lead to insurance fires. "Arson is frequently committed to avoid bank- ruptcy. Many concerns are in business in New York who have had more than three fires, from which they have collected insurance ; thus saving themselves from 74 Public Papers op Govebnoe Sulzeb business failure. And yet, the ability on the part of these firms to obtain further fire insurance is unim- paired, despite the fact that many of them have had fires which can only be termed suspicious in character. ' ' Some fire insurance companies claim that they do not issue policies to certain persons who have already proved themselves to be suspicious in character. I have demonstrated, however, and it is further proved by the legislative investigation into ' Corrupt Practices and Insurance Companies other than Life ' in 1910, that insurance companies deal through brokers from whom they are willing to accept a certain amount of bad business, which they know to be risky, provided those brokers will give them a fair proportion of good business. ' ' This is a situation which amounts to criminal col- lusion on the part of the fire insurance companies. ' ' My investigators have also been able to throw light upon the operations of certain persons known as ' pub- lic adjusters.' These persons frequent all fires and by various questionable methods attempt to persuade persons holding fire insurance policies to deal with them instead of through the companies. " The actions of dishonest public adjusters have brought disrepute upon the whole trade of public fire insurance adjusters, and I strongly recommend to Your Excellency's attention chapter V of my report dealing with this matter. Legislative enactments are required to curtail the operations of these people, and I might mention that since the expose of incendiarism, made in my report, several prominent public adjusters have been indicted by the New York grand jury, as well as certain insurance brokers who have been collabotat- ing with incendiaries in collecting insurance and ob- taining policies. Messages to the Legislature 75 " Owing to the fact that arson is one of the most difficult crimes in which to obtain convictions — it is considered by criminal lawyers to be on a par with mnrder — it is extremely urgent that remedial legis- lation shall be introduced, which will remove the main cause of arson, that is — the ready access which in- cendiaries now have to fire insurance policies. It is these policies which supply the principal motive for arson. ' ' In the course of my report on incendiarism, corre- spondence was opened with every important fire insur- ance company abroad, and a special visit made to Ger- many in behalf of the New York Fire Department by Mr. Robert H. Mainzer ; a vast amount of information was collected from foreign fire insurance companies, all pointing to the fact that they conduct their business on far more rigid lines than do companies trading in this country. * ' When persons desire fire insurance in London, Paris, Berlin, Edinburgh, Glasgow, Liverpool, Goth- enburg and other foreign cities, the assured themselves must not only answer numerous questions as to char- acter, financial standing and nature of risk, but the agent who secures the application must personally recommend the granting of the policy to the assured, and this agent gives his written approval to all appli- cations which pass through his hands. ' ' Foreign companies have also a method of ' black- listing ' agents who give them bad business, and by careful selection of their business they are absolutely able to prevent the crime of arson, which is so prev- alent in our country. " Speaking of foreign cities, I might mention that where New York in 1910 had 14,405 fires, London only had 3,941 fires, while Paris had but 2,030 fire^ and 76 Public Papees of Governoe Sulzee Berlin 2,068 fires. Greater New York has 300 fires per 100,000 inhabitants, while London for the same popu- lation has but 81 fires; Paris, 74; Berlin, 97; Vienna, 59; St. Petersburg, 55 fires. ' ' "Where European cities pay a per capita fire loss of only about 50 cents. Greater New York pays a per capita fire loss of $2.45. Some foreign cities, such as Southampton and Dresden, are as low as 12 cents per capita. ' ' Making every allowance for climatic and building conditions, the discrepancy is highly unfavorable to the American Metropolis. ' ' Where foreign applicants for fire insurance poli- cies request insurance, they must fill out proposal forms, which require them to answer questions, not only relating to their personal business and previous record, but they must state whether they ever had any previous fires in any premises occupied by them, and they must give full particulars of such fires. Any answers to questions on these proposal forms are taken as warranties under the policies, and when answered untruthfully invalidate the contract. " Since sending out this report on incendiarism, I have received numerous letters from many insurance experts throughout the country, even presidents of fire insurance companies, highly commending the report, and also agreeing with me in my general conclusion that our present unhappy conditions in this country are entirely due to the lax methods followed by fire insurance companies here. I am glad to say that I am not alone in my conclusion. " The only adverse criticism I have received has been from certain members of the Board of Fire Un- derwriters and from individual managers of fire in- surance companies, who have been incensed that my Messages to the Legislature 77 investigators should have .obtained policies from their companies. " Those who have challenged our figures have been convicted of error by confronting them with their own public utterances made previous to our exposure of lax fire insurance methods. The arguments presented by these parties have been trifling in weight and easily refuted. ., ; ' ' I feel safe in assuring Your Excellency that public opinion is entirely in our favor and that it has been thoroughly aroused. ' ' All that .is necessary now is to follow up the work inaugurated by the Fire Department, by legislation compelling changes in present methods of doing fire insurance business in this country. " It would seem that the companies would see the error of their ways and voluntarily oft'er to make neces- sary reforms in their present methods. But from in- formation I have been aJble to gather, they appear de- termined to continue in their present course, and are displaying a supercilious contempt for public opinion. As the position which they have taken up is untenable, and is against the common good, they cannot long occupy it. " I recognize that the duties of your important pub- lic ofiice prevent you from giving detailed . attention t» many subjects, even of extreme moment, but I feel quite sure that where a matter of actual life and death — to say nothing of vast property loss to large bodies of citizens — is involved that Your Excellency will not fail to give this particular matter the personal con- sideration it most certainly deserves. " Respectfully, " JOS. JOHNSON " Fire Cow.mis.tioner " 78 Public Papers of Goveenob Sulzeb In my opinion, this is a matter of much moment con- cerning the general welfare, and it seems to me de- mands the immediate attention of the Legislature, to the end that the evils to which reference is made be remedied at the earliest possible day. Hence I renew my recommendation that the State of New York should have the best Standard Fire Insurance Policy in the country. ■'-!•! (Signed) WM. SULZER On Promotion and Direction of Agricultural Education and Country Life Advancement State of New York — Executive Chambek Albany, February 17, 1913 To the Legislature: I have the honor to transmit herewith a report re- cently made to me by the New York State Agricultural Advisory Board, organized under chapter 785 of the Laws of 1911 and having as its object the promotion and direction of agricultural education and the ad- vancement of country life. In my annual message to the Legislature on Jan- uary 1st the recommendation was made that agricul- tural education should be fostered until agriculture is taiight not only in a few colleges in the State but in every high school in our Commonwealth and that whatever is within the power of the Legislature to do to sustain, to promote and to upbuild the agricul- tural resources of the Empire State should speedily be done. The report of the State Agricultural Advisory Board declares that its members have adopted certain reso- ; Messages to the Legislature 79 lutions bearing upon the question of agricultural edu- cation. These resolutions are herewith submitted to your honorable bodies as of general interest to thfe people of the State and I commend them to your most friendly consideration: » " (1) That the main effort toward the introduction of agricultural education, whether through State or local aid, be directed toward the study of agriculture and rural subjects in the public high schools. " (2) That in addition to those institutions already authorized to train teachers of agriculture, special and adequate provisions be made for training such teach- ers at the State Normal College and in one or more Normal Schools. " (3) That the State Department of Education give direction, at a few points distributed with reference to the leading agricultural industries, to the develop- ment of adequate teaching equipments in high schools which may serve as examples and illustrations for -the further extension of such equipment. " (4) That the Special State Schools already estab- lished be developed toward teaching home economics and agricultural technology, the latter somewhat spe- cialized for each school. u , " (5) That the further deyelopmeiit of the Special State Schools, when this may safely and wisely be accomplished, shall be made with reference chiefly to the fruit and vegetable growing interests, under which policy the southeastern and western parts of the ^State would be considered by the establishment of one school in each of those sections ; and thereafter special schools of agriculture shall be established only if the people of a locality determine whether they desire a school and will take a subs]tantial part in its financial support. " (6) That this Board favors legislation enabling 80 Public Papers of Govebwoe StfLZES cities of the first and second class to establish public schools of agriculture either within or without the limits of said cities. ■' (7) That in schools of agriculture hereafter es- tablished, the Commissioner of Education, the Com- missioner of Agriculture and the Director of the State College of Agriculture at Cornell University, shall be ex-officio members of the Board of Trustees."' " That the following resolution be reaffirmed: " That this Board recommends to the State: ' ' The policy of the further introduction of instruc- tion in agriculture into the public schools ; and that to better accomplish this result, plans should be perfected as rapidly as possible for maintaining agricultural in- struction with large allotments ; and that an allotment be provided each school, union or high school, teach- ing a class of not less than iifteen in agriculture, and for the common district school giving an approved course in nature study." (Signed) WM. SULZEE Public Health On Findings and Recommendations of Special Commis= sion Appointed by Governor to Collect Facts, Receive Suggestions and Make Recommendations as to Changes in the Public Health Law and Their Administration State of New Yokk^ — Executive Chambbk At,-BAi^Y, February 19, 1913 To THE Legislature: One of the first fiuties of ihe State is to protect the life and promote the health of its citizens. There is Messages to the Legislattjee 81 no more important subject of public administration than public health. The State comes very close home to the individual when it saves him from sickness and even from death. This, it can do, does do, and should continue to do in a much larger degree. ** Believing that large opportunities in this direction were as yet only partially utilized in this State, on January 10th last I appointed a special commission to collect facts, receive suggestions, and make recom- mendations as to changes in the public health laws and their administration. This commission of emiiient citizens consisted of Hermann M. Biggs, M. D., chair- man; Homer Folks, secretary; John A. Kingsbury, assistant secretary; E. E. Baldwin, M. D., W. E. Mil- bank, M. D., Mary Adelaide Nutting, John C. Otis, M. D., and Ansley Wilcox. In order that needed legislation might be considered and enacted at this session, I requested the Commis- sion to report to me in part at least, by February 15th instant. In the short period of five weeks the Commission has collected a surprisingly large amount of authoritative information with regard to public health work in the various portions of the State. At ten public hearings it has received suggestions from sixty persons. It has communicated with the health oflBcers of all towns, vil- lages and cities of the State. It has made detailed inquiries through personal representatives as to public health conditions and administration in every town and village of two counties selected as typical. On February 15th the Commission reported to me its findings and recommendations, which I transmit herewith for your careful consideration, and which will be followed ere long by a draft of a bill we are pre- paring to carry these recommendations into effect. 82 Public Papers of Goveknoe Sulzee There is now no well co-ordinated system of public health administration in this State. Each- town, vil- lage and city, except cities of the second class and Rochester, has its own local board of health, which is, to all intents and purposes, a law unto itself. It is manifest that although there are 1,400 towns, villages and cities in the State, there are not 1,400 different ways of dealing efficiently with each of the detailed problems of disease. A good method of controlling an outbreak of smallpox in one community is good in the others. The best methods of preventing the spread' of the infection of typhoid fever in one community are the best methods for the State as a whole. A system of isolation and quarantine in dealing with scarlet fever which works well in one city will work well in other cities. . A board of health consisting of a super- visor, justice of the peace, and other local authorities of a town is not prima facie a qualified body to define an adequate method of stamping out diphtheria. There are many subjects as to which complete local control and direction are imperative, but in matters of public health, the interests of all parts of the State are closely interwoven. In general, the cities appear to have worked out their health problems more effect- ively than the smaller communities and rural districts. The urban death-rate, some years ago well above that of the rural and village population, has steadily fallen and is now below the rural and village rate. There appears to be no reason why the rural and village death-rate, and also the urban death-rate, should not be further greatly diminished. With all the natural advantages of rural life, there is no reason why the death-rate in the country should not be brought well below that of the city. I am convinced that by proper action, by carrying out the recommendations in this Messages to the Legislature 83 report, this can be brought about. A reduction of two in the number of deaths per thousand of popula- tion outside of cities of the first class would mean a saving of 7,000 lives per annum. By competent sani- tary experts it is considered perfectly practicable to secure this result within a few years. Aside from the economic value of everything which tends to conserve human life and efficiency, there are several important financial factors. It is a surprise to learn that the fees paid members of town and village boards of health last year in one county of the State amounted to $1,592.80, and in another county to some $1,200, indicating that the total amount paid by town and village taxpayers to members of local boards of health for attendance at meetings is from $70,000 to $100,000 per annum. No adequate returns for this ex- penditure are evident. The methods of quarantine in vogue in many localities involve great economic loss, amounting, possibly, I am told, to as much as half a million dollars per annum. An outbreak of smallpox in any city or village involves serious losses to its busi- ness men, most of which are clearly avoidable. It may be conservatively estimated that the saving that would result from an efficient control of preventable disease other than tuberculosis throughout the State would be not less than $10,000,000 per annum. Efficient pub- lic health administration pays. The motto of the New York City Health Department, ' ' Public health is pur- chasable. Within natural limitations, any community can determine its own death-rate, ' ' should be made the mo.tto of the State. The Commission's report confirms my impression that there are very great opportunities for wise co- operation of local and State agencies in the protection 84 Public Papers of Governor SxjijZer of health and the saving of life. The 14,000 deaths per annum from tuberculosis can be greatly reduced in the near future. The people have determined that tuber- culosis must be conquered. Last year's deaths from pulmonary tuberculosis were 821 fewer than the year before — 379 fewer in the city of New York, and 442 fewer outside of the city. The movement for the pre- vention of tuberculosis is under way, but it needs greater momentum. ; It is not a one-season campaign, but a war, and no one knows through how many sum- mers and winters it may last. It is our duty to prose- cute it with all vigor. The people are with the move- ment. In St. Lawrence county last week in eight towns the people voted upon the question of taxing themselves to establish and maintain a tuberculosis hospital. The proposition was carried in every town by majorities ranging from 2 to 1, to 8 to 1. Another thing. The loss of 7,000 babies in this State per annum must be stopped. The remedy is simple — State-wide registration of births, and in industrial cen- ters of population a sufficient number of infant welfare stations. A striking reduction in the infant mortality in New York city has accompanied the establishment of infant welfare stations. Prior to 1911, the number of deaths from diarrhoea and enteritis of infants under two years of age in New York city had been uniformly much over 5,000 — in 1910 it was 5,655. In 1911 a number of new infant welfare stations were established and the number of these deaths dropped to 4,479. In 1912, fifty-five stations were maintained by the health department of that city and the number of deaths under two years; from diarrhoea and enteritis further . declined to 3,958 — a reduction in two years of 1,697 Messages to the Le6isi;ATUbk 85 infant deaths due to these causes as a result largely of infant welfare stations. In Greater New York the people have decreed that the needless sacrifice of inno- cent infant life shall cease. The rest of the State should speedily follow this excellent example. * It is my opinion that 1,128 deaths per annum from typhoid fever is at least 1,000 too many. Diphtheria, measles, whooping cough — the deaths from all these can be greatly diminished. Not alone by controlling these infectious diseases, but also by creating increased interest in the subject of public health, the average of physical vigor, efficiency, and productivity can be greatly increased. Among the more important refornis which the Com- mission recommends in order to make rapid progress toward these desirable results are the following: 1. That the tenure and compensation of the State Health Commissioner be such as to secure and retain the most efficient man in the State for that service, and that he be required to devote substantially his entire time to his official duties. 2. That a Public Health Council be established with power to adopt sanitary regulations. 3. That the State Commissioner of Health exercise supervision over local health authorities and be speci- fically charged with the enforcement of the Public Health Law. 4. That the State, outside of New York city, be di- vided into at least twenty sanitary districts with . expert sanitary supervisor in each devoting full tin to health work. 5. That the duties of town and village health boards: not otherwise provided for be transferred to town boards and village boards of trustees. 86 Public Papers of Govbenob Sulzee "6. That health officers of towiQS and villages receive an annual minimum salary equivalent to at least fifteen cents per inhabitant of the village or town. 7. That health officers of towns and villages be charged with the following duties: (a) Annual survey and a continuous supervision of their districts, (b) Examination of all school children, (c) Inspection of all school buildings and places of popular assemblage-, (d) Popular education as to public health, (e) Secur- ing full registration of communicable diseases and of. births and deaths, (f ) Enforcement of public health laws and regulations. 8. The enactment of a modern statute for birth reg- istration and other vital statistics. 9. Authority for each city, county, village .and town to employ trained nurses, as infant welfare nurses, school nurses, tuberculosis nurses, and to visit the sick. 10. That the tuberculosis law be amended so as to provide (a) for more complete reporting of cases; (b) for supervision of reported cases by trained nurses ; (c) for compulsory removal and detention- of da,ngerous cases. 11. Additional State provision for incipient, cases of pulmonary tuberculosis. 12. That a bureau of child hygiene, and a bureau of public health nursing, be added to the State Depart- ment of Health. 13. County hospitals for tuberculosis where not al- ready established. 14. Adequate laboratory facilities readily available for all health authorities. 15. Establishment of contagious disease hospitals by local authorities., and their inspection by the State Health Department.^ Messages to the Legislature 87 16. Eegulation of midwifery. 17. Reports of health officers made presumptive evi- dence of facts stated ; and such officers freed from per- sonal liability, if acting in good faith. 18. Extension of educational work of the State De- partment of Health. 19. Encouragement of courses in sanitary science in educational institutions. The facts set forth in the Commission's, report fuUy justify these recommendations. I strongly urge that the legislation necessary to carry them into effect be enacted promptly. The Commission calls attention to a number of other subjects having a vital relation to public health, as to which it believes action should be taken, but concerning which it has not been able in the limited time, to formu- late specific recommendations. I have therefore asked ithe Commission to continue its ,;w.ork,„an(i, to report to me at a later date upon these and, other pertinent matters., ,, , It is gratifying to say the Commission has served wholly without compensation and has provided for its own expenses, except for stenographic services.; The people of this State are under permanent obligations to its members for their painstaking and public-spirited services. They deserve the commendation of the people and the thanks of the State. They have done, and are doing, a great work for the general welfare. , (Signed) WM. SULZER For report of Commission see page 605. 88 Public Papees of Goveenob Sxjlzeb Submitting Draft of Bill to Carry into Effect the Recom- mendation of the Special Public Health Commission Appointed by the Governor State op New York — Exectjtivb Chambee Albany, March 11, 1913 To the Legislatuee: In my message addressed to you on February 19th, transmitting the report of the Public Health Commis- sion appointed by me on January 10, and urging its adoption, I stated that a draft of a bill to carry these recommendations into effect would follow. I beg to submit such a draft herewith, and to earnestly urge its early and favorable consideration at your hands. The Chief Executive of the United States, in his inaugural address, said : ' ' Nor have we studied and perfected the means by which government may be put at the service of humanity in safeguarding the health of the nation, the health of its men, and its women, and its chil- dren, as well as their rights in the struggle for existence. This is no sentimental duty. The firm basis of government is justice, not pity. These are matters of justice." This bill is a justice-promoting measure. By its en- actment the State would perform in a more nearly ade- quate degree the imperative duty resting upon it to protect the health of its citizens. This measure, if en- acted, would place the State of New York in the front rank of those States in which the people, through their duly constituted representatives, have taken wise and far-sighted action to promote health, vigor and effi- ciency. ♦ (Signed) WM. SULZER Messages to the Legislattjee 89 Transmitting Report of Committee of Inquiry State or New York — JExecxjtive Chambbb Albany, March 24, 1913^ To THE Legislatubb: Upon my induotion into the office of Governor of this State, I found that the expenses of the administration of the government of the State had several times multi- plied during the past generation, and that the expenses had mounted to so startling a figure that an investiga- tion of the causes for such result was imperative, in order that the people of the State, who are obhged to furnish the revenue for the support of government, might be advised thereof, and in order that application of sound business and financial principles to the affairs of the State might be advanced. In my first message to the Legislature, I invited at- tention to this most important subject; and, actuated by a desire to safeguard the rights of the people and to give them a wise and economical business administra- tion of the' State 's affairs, I availed myself of the au- thority, granted to the Governor by the executive law, to appoint a committee to conduct such investiga- tion. The report of that committee is now before me, and I herewith transmit it to the Legislature. It is so complete, concise and intelligent that an analysis of it in this message is not only unnecessary, but, in my judgment, it would be unwise for me, by such analysis, to divert attention from the report itself, which is worthy of the attentive reading and careful considera- tion of every member of the Legislature, and of the people generally throughout the State. Therefore, it seems to me wiser to submit the report of the Commit- tee of Inquiry to the Le^slature with my general 90 Public Papebs of Goveenoe Stjlzeb recommendation that it be approved, and that the bills which are suggested be enacted into laws. If the notion has taken lodgment in any mind that the prerogatives of the Legislature have been in the least invaded by the work of the Committee of Inquiry, a moment's reflection will dissipate that view. There has been no effort,; in any way, to interfere with the constitutional power of the Legislature; and, beyond that, the Committee of Inquiry has carefully avoided, as a reading of the report will demonstrate, any ap- pearance of the assumption ; of interference with the recognized authority of the co-ordinate branches of the State government. Thus it will be readily appreciated that the Com- mittee of Inquiry omitted all investigation as to the legislative and judicial branches of the State govern- ment. It devoted its efforts to investigations with respect to the administration of the State's affairs for the purpose of suggesting necessary economies and recommending the promotion of efficiency in such ad- ministration. The results of its labors wUl, I have no doubt, be appreciated by the legislative branch of the State government, as it is by the Executive. In the organization of the Committee of Inquiry, my anxious endeavor was to secure the services of wise and competent men who could be depended upon to, disinterestedly and without malice or partisanship, devote themselves to the important work committed to them. The result of the Committee 's work abundantly justifies my confidence in its membership. The re- markable industry and energy of the Committee cannot be too highly cormnended. In an all too brief period of time, it has performed extensive and arduous labors with a thoroughness that challenges favorable com- Messages to the Legislature 91 parison with "the work of any public investigation of which I am aware. The untiring devotion of its members to the accom- plishment of the lofty purposes of the investigation has set a standard and furnished an example of patriotic endeavor, which, it is hoped, will be emulated in the future. Its work commands the admiration of public officials, and compels the gratitude of the people of the State. The chairman of the Committee, John N. Carlisle, is one of the leading lawyers of the State and a citizen of the true public spirit, as well as a man of the highest character and the broadest capacity. The second mem- ber of the Committee, John H. Delaney, has earned his way to recognition in the business world as a wise administrator, and has now taken his place in the public life of the State as a citizen devoted to the gen- eral welfare. The third member of the Committee, H. Gordon Lynn, has earned an enviable reputation as an accountant and a systematizer of business manage- ment. In addition to his expert knowledge, he brought to bear upon the work of the Committee his thorough acquaintance with affairs of public accounting gath- ered in the city of New York, all illuniinated by his pronounced devotion to the cause of economic, efficient and good government. The counsel to the Committee, John T. Norton, is Deputy Attorney-Greneral, former member of : As- sembly, former Corporation Counsel of the city of Troy, honored by his party by a nomination for the office of Secretary of State, and last year endorsed by the bench and bar of this vicinity for nomination for the office of Associate Justice of the Court of Appeals. He is recognized as one of the most able and schqlarly lawyers in practice in this State. 92 Public Papees of Govebnoe Sulzee Naturally, from their character and experience, these distinguished public servants aimed at the highest ideals, and the only regret that comes to me is that such devoted service to the people was necessarily for only so limited a period. They have done splendid work. They have saved the taxpayers millions of dol- lars. They have confirmed my confidence in their ability. They have earned the gratitude of the people of the State. It is the recommendation of the Committee of In- quiry in its report that the great work which it has thus hastily, but with remarkable thoroughness, accom- plished, should not be a passing work of wisdom, to be read, admired, commended and then neglected. In a somewhat similar effort to promote efficiency and economy in the administration of the Federal Gov- ernment, more than two years have been occupied by a commission at Washington. The work of the Com- mittee of Inquiry, during the brief space that has inter- vened since the beginning of this year, will not suffer by comparison with the two years' work performed at Washington. If efficiency and economy in the administration of the State's affairs are to be furthered and made a per- manent endeavor, the work must be continued. The Committee recommends the establishment of a Depart- ment of Efficiency and Economy, and wisely supple- ments that recommendation by legislation which wUl uphold the hands of the Commissioner of Efficiency and Economy by putting into operation, for the general welfare of the people, a systematic business and financial management of the State's business and financial affairs. It is high.time the State of New York was placed on a business basis in the administration of its affairs. Messages to the Legislature 93 If tlie Legislature will approve these reoommenda- tions, a long step forward in the interest of efficient and economic administration will be at once taken, and a permanent policy will be established which will reduce to the minimum the expenses of the administration oi the State's government; and, thus, the interests of the taxpayers throughout the State will be ' safeguarded against waste, extravagance and inefficiency. With the interests of the people at large before our minds, it seems to me that it is the imperative duty of the le^slative and executive branches of the State government to regulate the business management of the State 's affairs upon the lines advised by the Com- mittee. I am convinced that there is no room for doubt as to the wisdom of adopting this course. It is, therefore, without hesitation and with the full consciousness that I am performing to the extent of my constitutional authority a patriotic duty to the people of the State, that I recommend the enactment into law of these measures for the promotion of effi- ciency and economy in the administration of the State's business and financial concerns. The legislation recommended by the Committee of Inquiry has had my most careful consideration. Its wisdom is abundantly justified in the Committee's re- port. It rests upon good reason. These progressive measures have been carefully prepared. They are in the interest of the people. They define a wise public policy. Their enactment into laws will redound to the credit of the Legislature that approves them. The work of the Committee of Inquiry has inaugu- rated a business system for the State. The old methods of waste and extravagance, or worse, must be dis- carded. The people, demand an honest and efficient business administration of their affairs. They are 94 Public Papeks of Gtoveknoe Sulzek entitled to nothing less. If the recommendations here- with submitted shall find place in the body of the State 's law, the great Empire State of New York will take the place, which rightly belongs to it, at the head of its sister states, furnishing to its people a wise, honest, efficient and economical administration of gov- ernment. The people of the State so demand. It is our duty, as representatives of the people, to enact this demand into law. WM. SULZEK For Report of Committee of Inquiry, see page 652. Conservation of Natural Resources Regarding the Diversion of the Waters of the Niagara River and Transmitting Letter from Attorney-Gen- eral Carmody on the Subject State of New York — Executive Chamber Albany, April 7, 1913. To the Legislature: On the third instant the Attomey-G-eneral wrote me a letter regarding the diversion of the waters of the Niagara river for hydro-electric power, which is as follows : " State op New York ' ' Office of the Attorney-General "Albany, April 3, 1913 " To His Excellency, Governor Sulzer, Albany, N. Y.: " My Dear Governor Sulzer. — I believe that the situation in respect to the diversion and use of the Messages to the Legislatuee 95 waters from Niagara river for hydro-electric power, as at present permitted, should receive the prompt at- tention of the Legislature of the State of New York. ' ' ' The title to the center of Niagara river, both in the bed of the stream and in the waters that pass over it, is in the State of New York, subject to such rights as individual riparian owners may have and subject also to Federal control in the interests of commerce, and for the purpose of protecting the navigability of the stream. " I believe that Federal control under the Constitu- tion is limited to these two purposes, and that the Fed- eral government has not power to regulate the diver- sion of water for power purposes, or for any purpose other than that eipressly given it in the Federal Constitution. " On January 11, 1909, the United States govern- ment and Great Britain entered into a treaty for the purpose of regulating the diversion of water from the Niagara river, which treaty permitted a diversion not to exceed twenty thousand cubic feet per second on the American side of the river. The Federal government, pursuant to the terms of this treaty, enacted a law known as the Burton Act, which prohibited a diversion in excess of fifteen thousand six hundred cubic feet per second, and which empowered, the Secretary of War to issue permits under the limitations of this act for the use of the waters of the river for power purposes. Pursuant to this power, the Secretary of War issued a permit to the Niagara Falls Power Company and to the Hydraulic Power Company of Niagara Falls, permit- ting the former to divert eight thousand six hundred cubic feet per second, and the latter, six thousaaad five hundred cubic feet per second ; aggregating a total of 96 Public Papbes of Govbbnob Sulzeb fifteen thousand one hundred cubic feet per second, or five hundred cubic feet per second less than the diver- sion permitted by the Burton Act. " The State of New York has, during the past two years vigorously opposed the principle of Federal con- trol as embodied in the Burton Act, and was repre- sented before the Committee of Foreign Affairs in Congress repeatedly in oppositioi;i to the extension of that act, which expired on March 4, 1913 ; since which time there has been no Federal control of the diversion of the waters of Niagara river, unless the permits is- sued under the Burton Act are still valid, which I do not believe. ' * An investigation of this matter was made by Col- onel Lucas, employed as consulting engineer by the Canal Board. I have his report before me, which is to the effect that since the expiration of the Burton Act the Niagara Falls Power Company has been using about ten thousand five hundred cubic feet of water per second, and the Hydraulic Power Company of Niagara Falls about nine thousand five hundred cubic feet per second, or a total diversion of twenty thousand cubic feet per second, being the total amount permitted to be diverted from the river by the treaty between this country and Great Britain. ' ' The report of Colonel Lucas as to the amount now being diverted is based upon admissions of the officers of the companies. ' ' I submit for your consideration a brief memo- randum of the facts and a discussion of the law appli- cable thereto, as I understand it. " The Hydkaxjlic Power Company or Niagara Falls ' ' The Hydraulic Power Company takes water from the river and conducts it by a canal fourteen by one Messages to the Legislature • 97 hundred feet, through the city of Niagara Falls for a distance of about one mile, to its power plant, dropping the water in penstocks to the turbines below, securing a head of about two hundred and twelve feet. ' ' I believe this diversion cannot be legally made as a riparian owner. As such owner, the company may have the right to use the water in front of its property for power or other purposes. But I do not think the right, if it exists, justifies the diversion of the water from the river as it is diverted by the canal used by the company, notwithstanding the fact that the water is returned to the river below the plant of the company. "In addition to its riparian rights, however, this company secured from the Legislature in 1896 (chap- ter 968 ) an act recognizing and confirming the right of the company to take, draw, use and lease and sell to others the waters of Niagara river for domestic, munic- ipal, manufacturing, fire and sanitary purposes, and also to develop powers therefrom for its own use ; and to lease and sell to others to use for manufacturing, heating, lighting and Other business purposes, the quantity being limited and restricted to such amounts of water as may be drawn by means of the hydraulic canal of said company; which canal is limited to a width of one hundred feet and to a depth and slope sufficient to carry at all times a maximum uniform depth of fourteen feet of water. This act, however, provides that the rights therein granted and conferred shall not impair the practical navigation of Niagara river. This act recognizes an existing right, but limits its exercise. It does not in express terms undertake to grant any right or powers to the company in addi- tion to those theretofore appurtenant and exercised as riparian owner. Vol. 1 — 4 98 . Public Papers of Governob Stjlzeb ' ' I believe, therefore, that whatever rights the com- pany now has to divert water from the Niagara river, without passing upon the validity, at this time, of the permits issued by the Secretary of War under the Burton Act, must be justified by its riparian owner- ship and not by any grant from the Legislature. " Niagara Falls Power Company " This company takes water from the river at a point south of the intake of the Hydraulic Company, and conducts it by a surface canal to its power plant, which lies a hundred feet, or thereabouts, east of the river, dropping the water by penstocks about one hun- dred and thirty-six feet into the turbines, whence it is discharged below the falls by a subterranean tunnel running under the city of Niagara Falls. ' ' This company has, from time to time, received from the Legislature grants which, if valid, are sufficient to authorize it to take water from the river for power purposes and to generate power in the shape of elec- tricity or otherwise. I am informed, however, that this company asserts its right to the diversion of these waters as riparian owner. The grant from the Legis- lature, chapter 513 of the Laws of 1892, limits the diversion of water to such an amount as shall be suffi- cient to produce two hundred thousand effective horse power. The act also provides that the grant thereby made, as well as any former grant, shall not be con- sidered as conferring an exclusive right, or any right to infringe upon the State Eeservation, nor the right to obstruct navigation in the Niagara river. "As regards the company's riparian rights, I am of the- opinion that this would not justify the diversion of the water out of the bed of the river to the distance Messages to the Legislature 99 that it is now diverted, notwithstanding the fact that it is afterward returned to the river. The company must, therefore, be prepared to justify its use of the water under the legislative grants mentioned and under the permits issued by the Secretary of War. Inasmuch as the Burton Act has expired, under which the permits of the Secretary of War have been issued, I am not prepared to say that these permits have any further validity or that any diversion of water from the river can be justified under these permits. ' ' Neither company pays the State any revenue. In this connection it is important to observe that the Canadian companies, for diversion of the water from the Canadian side of the river, pay tlie following rentals: One dollar and fifty cents for each horse power up to twenty thousand ; $1 for the next ten thou- sand horse power; 75 cents for the next ten thousand horse power ; 50 cents for every horse power thereafter. " Recommendations ' ' I believe it to be incumbent upon the State of New York to act promptly with a view to protecting the scenic grandeur of the Niagara river and its naviga- bility. This the State may do in its sovereign right and capacity; and this the State should do in view of the fact that the Burton Act has expired and that ex- press Federal control over the diversion of waters from the river has thereby ceased. ' ' I believe it to be the duty of the State to recognize the provisions of the treaty between this country and Great Britain, which prohibits the diversion on the American side of the river exceeding twenty thousand cubic feet per second. It is, indeed, probable that the limitation should be restricted to that established by 100 Public Papers of Govebnoe Sulzee the Federal government in the Burton Act, namely, to fifteen thousand six hundred cubic feet per second. At least, no diversion should be permitted, I believe, beyond that amount until a thorough examination of the matter indicates that the beauty of the Falls would not be impaired by a diversion of a larger quantity of water. ' ' Whether or not the companies at present using the waters of the Niagara river without compensation may be restrained from so doing, or whether or not the franchises heretofore granted by the State may be rescinded, are matters that may be attended to here- after in the courts. Legislative action, however, I believe to be imperative at this time, along the lines above suggested. " It may not be wise for the State at this time to take any action that would advei'sely affect the prop- erty interests that have been acquired under the per- mits heretofore granted. In view of the fact, however, that these companies have received these enormous benefits without compensation, I suggest the advisa- bility of imposing a special franchise tax upon the fran- chises received, or upon the profits of the companies, until such time as the State shall have adopted a policy of dealing with the surplus waters of navigable streams. "All of which is respectfully submitted. "(Signed) THOMAS CAEMODY, ^^Attorney-General. ' ' This able exposition of the subject-matter by the dis- tinguished Attorney-Greneral speaks for itself, and I concur substantially in his recommendations that the Legislature should now take prompt action in the premises with the view of protecting the scenic gran- Messages to the Legislature 101 deiir of Niagara Falls, and conserving the rights of the people of the State. The State of New York is committed to the p-olicy of conserving all of its natural resources, and particularly of developing its vast water powers so that they can be utilized for the benefit of all the people. (Signed) WM. SULZEE For a Reform of the Election Laws, for a Simpler and Shorter Ballot and for Direct State=Wide Primaries S^ate of New York — Executive Chamber m T Albany, April 10, 1913 To THE Legislature: ' "^ ' As the legislative session is drawing to a close, I deem it my duty, in the interest of the general welfare, to again call your attention to the insistent demand of the people throughout the State for a reform of the election laws ; for a' more simple and shorter ballot ; and for direct State-wide primaries. To that end I renew my recommendations that the ■Legislature take up these very important questions without further delay and pass bills ere the adjourn- ment far their accomplishment. The Democratic party in convention assembled, at Syracuse, adopted the following plank as a part of its platform : " We favor the amendment of existing election laws wherever experience has demonstrated that changes are necessary to improve their effective operation and to decrease the expense of elections ; and in particular to facilitate the making of inde- pendent nominations. 102 Public Papers of Goveknok Sulzeb ' ' We condemn the Republican Assembly of 1912 for refusing to join the Democratic Senate in pass- ing the Loomis bill which reduced the expense of elections by decreasing the number of days of reg- istration and lowering the salaries of election officials. " The Democratic party was the first to recog- nize the demand for a State-wide direct primary and so declared in the Rochester platform of 1910 and the Democratic Legislature of 1911 despite Republican opposition enacted the first State-wide direct primary law in the history of the State. We again declare in favor of the principle of the direct primary and we pledge our Legislature to adopt such amendments to the existing laws as will sim- plify and perfect the direct primary system. ' ' The Progressive party in its convention, last fall, adopted the following plank as a part of its platform : ' ' We pledge the enactment of a real direct pri- mary law applicable to every elective office and a Presidential preference primary law. ' ' The Republican party in its convention, last year, adopted the following plank as a part of its platform : " We favor the short ballot, surrounding primary elections with the same safeguards as regular elections, the direct election of party com- mittees, the direct nomination of party candi- dates in congressional, senatorial. Assembly, county and municipal subdivisions, and the direct election of delegates to State conventions, with the right of party electors to directly express their preference for nominations for State offices if they so desire. Messages to the Legislattjee 103 " We further advocate that the cumbersome method of nomination of independent candidates for offices by petition be simplified so that those who axe dissatisfied with the nominations made by regular political parties may have the names of their candidates placed upon the ballot in a less burdensome way." It is thus apparent that all the political parties in our State are irrevocably committed to these salutary reforms. As a matter of fact all the members of the Legislature are bound by these pledges, and will be false to their promises unless legislation is enacted at this session for electoral reform' and a State-wide direct primary. In my message to the Legislature at the beginning of the year I said : ' ' We are pledged to the principle of direct primary laws State-wide in their scope and character, and I urge the adoption of such amend- ments as will simplify the procedure and make com- plete and more effective the direct primary system of the State." Believing as I do in these reforms I renew my recommendations, and unhesitatingly affirm that noth- ing will gratify me more than to be able to attach my signature to bills that will give the people of the State the best election laws and the most complete direct primary law possessed by any State in the Union. It is my opinion that the people of the State are in favor of nominating all candidates for elective office from Governor and United States Senator down to constable. The primary law should be as simple, and as honest, and as practicable, as legislation can make it. Every safeguard now thrown around the ballot box on election day should be invoked to protect the ballot box on primary election day. 104 Public Papbbs of Governor Sulzer The electors can rely on me to favor these changes in our election laws as I shall every other reform to restore the government of the people to the people. I have always claimed that the people cap be trusted to conduct their government, and were just as capable of nominating candidates for office as they were of electing candidates to office. In a government such as ours we must rely on the people, and we should legis- late in their interest and to promote their welfare. I know that the people of this commonwealth, in common with the people, of our sister States, believe that if they are qualified to choose by their votes on election day governors, judges, senators and congress- men, they are also competent on primary day to nomi- nate these same officials, not some of these officials, but all of them, and I therefore urge the speedy enact- ment of legislation that will make every candidate for public office the choice of the people. If it is wise to trust the people with the power to nominate some public officers, I am sure it is wise to trust them with the power to nominate all public offi- cers. I believe it is as wise to .trust them to nominate a Grovernor as to trust them to nominate a constable, and as wise to trust them to nominate a judge of the Court of Appeals as to trust them to nominate a jus- tice of the peace. The people have been given this power in many other States and they have used it to bring about greatly improved conditions. Let the Empire State put itself in line with the foremost States in all the tJnion, by favoring nominations by the people, for thus only can we secure a government of the people. While the main defect in our primary law is that w« have not made it applicable to State officers yet there are other defects that we should remedy. Primary Messages to the Legislature 105 ballots in some districts in New York city have been from eleven to fourteen feet in length, and a law placing before an elector on primary day such a ballot as this deserves the ridicule it has receiv^. As long as Assembly districts are made the' unit of representation such ballots will be possible and I recommend that election districts instead of Assembly districts shall be made the unit of representation. r also recommend the abolition of all committee designations; the prohibition of the party emblem on primary ballots ; the removal of the party circle from the primary ballots; the prohibition of the use of party funds at primary elections; and the establish- ment of a State committee membership of one hundred and fifty — or one for each Assembly district. I further recommend reducing the number of names required bn a nominating certificate; the authoriza- tion of registration on primary day; and a proper limitation of the amount that may be expended by any candidate for the purpose of securing a nomination. The law should also prescribe the expenses which may be lawfully incurred in connection with candidacies for nomination, and should insure the publicity of all expenses. The enactment of these regulations into law will, I am confident, permit the voters of the State to con- struct political organizations from the bottom up- wards, instead of permitting them to be constructed from the top downwards. The power which, controls organizations is usually the power that controls nomi- nations, and the power which controls nominations is the power which controls public officials. How vitally important, therefore, that this power should be wielded by the many and not by the few. The changes which I advocate in our primary law are 106 Public Papers of Goveenok Sulzee in harmony with the spirit of the times and of demo- cratic institutions. They aim to restore to the people rights and privileges which have been usurped by the few, for the benefit of invisible interests which aim to control governmental officials, to pass laws, to prevent the passage of other laws, and to violate laws with impunity. To these invisible powers I am now, always have been, and always will be opposed. No government can be free that does not allow all its citizens to participate in the formation and execu- tion of its laws. Every other government is a form of despotism. The political history of recent years illustrates the truth that under the forms of demo- cratic government popular control may be destroyed, and corrupt influences, through political organization, establish a veritable despotism. That popular government, under Grod, shall be res- urrected and made actual, the Legislature of this State is urged to carry forward the work of reforming our election and primary laws, so that in matters political every man shall count for one and no man shall count for more than one. (Signed) WM. SULZER Asking the Enactment of Legislation to Establisti a State Printing Board ' State of New Yokk — Executive Chamber To THE Legislature: Albaky, May 1, 1913 I respectfully ask that Assembly bill, introductory No. 2085, to establish a State printing board, com- prising the Attorney-General, the State Comptroller Messages to the Legislature 107 and a superintendent of printing, be passed by the- Legislature. The bill was drawn by the Commission of Inquiry and is designed to stop the waste and over- charge, if nothing worse, in the purchase of printing and stationery for the State Departments. i An investigation by the city of New York less than four years ago reduced the expenditure for printing and stationery supplies from $1,400,000 a year to $700,000 a year, and made for increased efficiency. The printing experts who produced this result have investigated the State's expenditures and it is upon their report that Assembly bill No. 2065 was drawn by the Commission of Inquiry. There is no politics in this bill. It is framed to stop glaring overcha^rges, to promote competition and to put the purchase of all printing and stationery sup- plies upon a business basis. The State now pays 100 per cent, more than the city of New York for most of its typewriting ribbons. It pays 70 per cent, more for its pencils. It pays 60 per cent, more for most of its stationery. The printing contracts are drawn clearly in the interest only of the. printers. The saving to the State annually by the passage of this bill would not be less than $300,000. This would provide the interest on $7,500,000 of State bonds. It is absolutely necessary that there should be standard- ization of supplies. The printing law as at present drawn is wholly against the interests of the State. There cannot be honest work or fair competition under it. The bill which I ask the Legislature to pass will not only promote economy and efficiency, but will open wide the door to competitive bidding. (Signed) WM. SULZER 108 Public Papeks of Govebnor Sulzee Calling Attention to Bill for the Reorganization of the State Conservation Department and Asking for its Passage State of New Yoek — Executive Chambee Albany, May 3, 1913 To THE Legislatuee : I respectfully ask the Legislature to pass Senate bill, introductory number 1664, framed to reorganize the State Conservation Department. This bill was drawn by the Commission of Inquiry with the sole purpose of increasing the efficiency of administration in this very important branch of the State government. The necessity for the conservation of the natural resources of the State is admitted by all political parties. The proposed bill which I ask your honor- able body to pass is scientifically drawn to develop and protect the forests of the State, to conserve the water power, and to give efficient control of our fish and game. The just complaints from many sections of the State arise in part because of the conditipns in the present law and in part form a divided adrhinistration of the law by a triple headed commission. The proposed measure wiU save the State money which can be well expended for other approved purposes, and, while promoting economy in the administration of the de- partment, will permit of a thorough reorganization. This reorganiza,tion is necessary if the State is to have scientific reforestation, a proper increase in its fish and game and the development, as well as preser- vation, of the wasted water powers of the State. It is my belief that a single conimissioner in charge of the entire department assisted in the thrpe several Messages to the Legislatxjee 109 divisions of lands and forests, fish and game and in- land waters by deputies especially qualified for and adapted to the duties to be performed, would prove more efficient both in the formulation of policies re- quired by the practical conservation which we seek and in the execution of constructive plans. The re- organization bill does not contemplate the crippling of the field work in any division or bureau of the con- servation commission. In fact, it empowers the com- missioner to add to the force wherever additions are found necessary to the furthering of the conservation work in any branch thereof. (Signed) WM. SULZEE Urging Favorable Consideration and Passage of Bill to Amend the Highway Law, in Relation to Motor Vehicles State, of New York — Executive Chamber Albany, May 1, 1913 To the Legislature: I have this day sent emergency messages to both branches of your honorable body urging your favor- able consideration and passage of Assembly bill, in- troductory No. 1517, printed No. 2810, being "An act to amend the Highway Law, in relation to motor vehicles." This measure, in my opinion, is wise and necessary legislation to remedy the situation now existing re- garding automobile traffic. Negligent, and reckless, driving of automobiles through the public streets has resulted in large num- 110 Public Papeks of Goverhtoe Sulzee bers of our citizens being killed and physically in- jured due in a large measure, to the lack of proper statutory regulations with adequate power of enforce- ment concerning the management and control of auto- mobiles used for business, as well as for pleasure purposes. The measure to which I now invite your favorable consideration, if enacted in the law, will in a great measure, remedy the existing negligent and reckless driving, and is necessary to afford reasonable and adequate protection to our citizens who are now com- pelled to expose themselves to great danger of per- sonal injury and even loss of life. (Signed) WM. SULZEE Again Calling Attention to the Subject of the Conserva- tion of the Natural Resources of the State and Their Development, and Requesting Repeal of Purported Charter of the Long Sault Development Company and the Enactment of Legislation Relating to the Waters of the Niagara River State op New York — Executive Chamber Albany, May 2, 1913 To the Legislature: Your honorable bodies can have no doubts as to my position regarding the conservation of the natural re- sources of this State and their development and utili- zation for the benefit of all the people. In my first annual message I respectfully directed your attention to this subject. Messages to the Legislature 111 On January 13, 1913, I transmitted a special mes- sage commending to your favorable consideration the immediate repeal of the charter granted by chapter 355 of the Laws of 1907 to the Long Sault Develop- ment Company. •» On February 17, 1913, I transmitted to every mem- ber of the Sixty-second Congress, an opinion of the Hon. Thomas Carmody, Attorney-General of the State of New York, in pamphlet form on ' ' Federal Regula- tion of Water Power Within the State of New York, ' ' together with a personal letter from myself concern- ing the issuance of permits by the Secretary of War as to the diversion within the State of New York of the waters of Niagara river, above the falls of Niagara, to the end that the State of New York might itself develop, control and regulate its water powers and provide cheaper light and power for its citizens. In my special message to your honorable bodies dated April 7, 1913, I transmitted, for your favorable consideration, an able exposition of the rights and in- terests of the State of New York in and to the waters of the Niagara river, written by Attorney-General Carmody, in which I concurred; and then urged that this Legislature should immediately take action in the premises, with the view of protecting the scenic grandeur of Niagara Falls and conserving the rights of the people of the State. Following the recommendations of the Attorney- General there was introduced and is now pending be- fore your honorable bodies a bill which carries out these recommendations of the learned Attorney- General, which provides a practical and comprehen- sive plan for the preservation to the State of New York of its property and interest in the waters of 112 Public Papers op Ctoveenoe Sulzeb Niagara river and the adequate utilization of the power and hydro-electric energy that such waters may develop with equal opportunity of participation at reasonable cost and rates by the citizens of our State. There can be no question regarding the bene:fits which will accrue to the citizens of our State by the repeal of the purported charter of the Long Sault Development Company, and the enactment of the pending bill relating to the waters of the Niagara river. , I have further sent your honorable bodies special emergency messages to assist the enactment of these highly beneficial measures. I believe that both these measures, at this writing, are so situated, and are in such legislative form, that at this session of the Legis- lature they can speedily be passed. Every legislator, unless he favors the control and use of the State's natural resources by the few, rather than their conservation, and development, and utilization, by all the citizens, with equal oppor- tunity, should heartily favor and support these measures. I earnestly request that every member of the Legis- lature will give immediate, serious and favorable con- sideration to thege measures and pass them ijci the in- terest of the public welfare and for the benefit of all the citizens of our State. (Signed) WM. SULZEE Messages to the Legislature 113 Again Calling Attention to the Necessity of Remedial Legislation Regarding Stocl< Exchanges State of New York — Executive Chamber Albany, May 3, 1913 To THE Legislature : On January 27, 1913, I sent a special message to your honorable bodies concerning stock exchanges, and at this time I wish again to call your attention to all I then stated and to repeat the suggestions con- tained therein. Thereafter, with my approval, several bills were prepared and introduced in both branches of your honorable bodies, and to such of those measures that have not yet passed the Legislature, I most respect- fully and most earnestly ask your favorable considera- tion. Concerning these measures I have sent to the Legis- lature emergency messages to speed their enactment, and I am convinced that their passage at this session of the Legislature is greatly to the interests of the public welfare. I indulged the hope that the receipt of these emer- gency messages would have resulted in the speedy passage of these measures. I now want to impress upon you as emphatically and as earnestly as words can convey that I believe it to be the desire of our citizens that these pending stock exchange measures receive favorable consideration by the Legislature at this session. (Signed) WM. SULZEE Ill PART 2 MESSAGES TO THE LEGISLATURE (Extraordinary Session) Ill PART 2 MESSAGES TO THE LEGISLATURE (Extraordinary Session) SPECIAL MESSAGE ON DIRECT PRIMARIES State of New York — Executive Chamber Albany, June 16, 1913. To THE Legislature : The Republican Party, in convention, last year, as a part of its platform, adopted tlje following : " We favor the short ballot, surrounding pri- mary elections with the same safeguards as regu- lar elections, the direct election of party com- mittees, the direct nomination of party candidates in congressional, senatorial, Assembly, county and municipal subdivisions, and the direct election pf .delegates to Stale conventions, with the right of party electors to directly express their preference for nominations for State offices if they so desire. ' ' The Progressive Party, in convention, last year, as a part of its platform, adopted the following : " We pledge the enactment of a real direct pri- mary law applicable to every elective office and a Presidential preference primary law." The Democratic Party, in convention, last year, as a part of its platform, adopted the following : " The Democratic Party was the first to recog- nize the demand for a State-wide direct primary and so declared in the Rochester platform of 191Q, and the Democratic Legislature of 1911, despite [117] 118 Public Papers of Goveenok Sxtlzer Eepublican opposition, enacted the first State- wide direct primary law in the history of the State. We again declare in favor of the principle of the direct primary and we pledge our Legislature to adopt such amendments to the existing laws as will simplify and perfect the direct, primary system. ' ' It must be apparent, to the average man, from a care- ful reading of these platforms, that the leading politi- cal parties, in our State, are irrevocably committed, by the most explicit promises, to the enactment of legislation for direct nominations. As a matter of fact, it seems to ine, all the members of the present Legislature are instructed by these pledges, of their respective parties, and are, therefore, in duty bound by the highest political obligations, to vote for a State- wide direct primary measure. In my message to the Legislature at the beginning of the year I said: " We are pledged to the prin- ciple of direct primaries. State-wide in their scope and character, and I urge the adoption of such amendments as will simplify the procedure, and make complete and more effective the direct primary system of the State. ' ' As nothing was done, of material moment, in con- nection with this recommendation, and to carry out in good faith the pledges above mentioned, I again, in the early part of April, in a special message, urged the Legislature, in the interest of the general welfare, to hearken to the insistent demands of the people throughout the State for a direct State-wide pri- mary law. Much to my disappointment, however, the Legislature adjourned without, in this respect, meet- ing the just expectations of the voters. So a sense of public obligation made it my duty, in Messages to the Legislatuee 119 the interest of the common weal, to reconvene the Legislature in extraordinary session, to the end that the recommendations I have made to the Legislature for direct primaries can be considered, without further delay, and a bill passed for direct nominations which will fulfill party pledges. In response to the over- whelming sentiment of the State, I am convinced, we should do this as a matter of duty to our constituents. The record will show that for years I have been a consistent advocate of direct nominations. I am now, always have been, and always will be in favor of carrying out, in letter and in spirit,, the plat- form pledges of a political party. The best way to strengthen a political party is to keep good faith with the voters. Hence, in view of all the circumstances, in connectioi; with the struggle in our State for a law to give the voters the right to nominate, it is my candid opinion that the Legislature in this extraordinary session, without unnecessary delay, should give heed to its promises, and immediately consider, and, with due de- liberation, aid me to write upon our statute books a practicable and a comprehensive State-wide direct primary law that will faithfully carry out our pledges to the people. Direct nominations will go far to restore to the people the complete control of their State government ; and afford the voters of the State the freest expression of their choice of candidates for public office. The voters believe themselves just as competent to directly nominate all ofiScials as the delegates they select. They want this right to nominate because they have so often found the delegate system was not a faithful agency of their wishes, and that it not infre- 120 Public Papers of Goveenoe Sxtlzee quently failed to meet the demands and the expecta- tions of the people. All the arguments now used against the abolition of the convention, or the delegate system of nomina- tions, have been used in opposition to the direct elec- tion of United States Senators, but these arguments have been all in vain against the ever rising tide of popular sovereignty and progressive democracy. Let us be true to- ourselves. Let us not try to deceive the people. The plain fact is, that in our primary re- form legislation we, in New York State, have left off our worlsjust where the citizens expected us to begin. By not making our primary law apply directly to the nomination of State officers we have continued the delegate system in the particular field in which it has proven the most unsatisfactory to the people. That the voters of our State are determined to have no intermediary between themselves and their public servants has been shown by the adoption of the seven- teenth amendment to the Federal Constitution, under which the people have taken from the Legislatures of the States the right to elect Senators in Congress. There are only two kinds of primaries — direct and indirect. The latter kind constitutes the present reactionary delegate system; the former kind consti- tutes the progressive system which the people of our State now demand. I am for the direct system. I want the people to nominate their officials because I want the people to rule their government. The peo- ple know that the power to nominate is the power to control. That is the reason the voters, regardless of party affiliations, favor direct nominations. To have direct primaries and to have conventions of delegates is impossible. Direct primaries have been devised by the friends of good government to permit Messages to the Legislatuke 121 the voters in each .political party to nominate their candidates for public office directly -without the inter- mediary of delegates, and as^ of course, you cannot have conventions without delegates, it follows, as the night the day, that the convention system must go, ^nd honest direct primaries must come. There is no mid- dle ground. There can be no compromise. Those who want to compromise are against the enrolled voters of their party. You cannot compromise a principle. It is self-evident to me that if the voters are com- petent to directly elect all their public officials they are just as competent to directly nominate these same officials. Any assertion to the contrary is an indict- ment against the intelligence of the electorate of the State. If it is important for minor officials to be nominated by the people, it is still more important, it seems to me, that the people be given the power to nominate candi- dates for United States Senator. and for Grovernor. If selfish interests seek to control public affairs for the promotion of their personal ends, through the manipu- lation of party conventions, the plain people should seek to do the same thing by taking in their own hands the right to nominate directly every one of these im- portant officials. The adoption of State-wide direct primaries, and the abolition of delegate conventions, is in no sense an abandonment of the principle of representative gov- ernment, but on the contrary it is a protest against the perversion of representative government. Under direct primaries the people will govern them- selves, through officials the same as now, but through officials directly nominated and elected hy themselves. Representative government is only made actual when the power to name candidates is taken away from the 122 Public Papebs op Govekkob Sulzee few, and placed in the hands of all the enrolled voters of each political party. The changes which the friends of direct nominations advocate in our primary Jaw are in harmony with the spirit of the times, and will go far, in the opinion of sagacious men, to perpetuate our free institutions. These salutary changes in our primary system aim to restore to the voters of each political party the rights which have been usurped by the few, for the benefit of powers invisible, which aim to con- trol governmental officials, to pass laws, to preveiit the passage of other laws, and to violate laws with im- punity. To these invisible powers I am now, always have been, and always will be opposed. No government can be free which does not allow all of its citizens to participate in the formation as well as the execution of its laws. Every other govern- ment is a mere form of despotism. The political his- tory of the centuries clearly illustrates the truth that, under the forms of democratic government, popular control may be destroyed, and corrupt influences, through invisible political power, establish a veritable despotism. If it is wise to trust the people with the power to nominate some public officials, I am sure it is just as wise to trust them with the power to nominate aU public officials. I believe it is as wise to trust them to nominate a Governor, as to trust them to nominate a constable; and as wise to trust them to nominate a Supreme Court Judge, as to trust them to nominate a Justice of the Peace. The men who trust the average integrity, the men who believe in the average intelli- gence, of the voter, know not where, consistently, to draw the line as to the officials all should nominate, and the officials the few should nominate. As a be- liever in popular sovereignty I am opposed to estab- Messages to the Legislature 123 lishing a political dead line regarding this fundamental right of the people to nominate all of their public servants. The people have been trusted with this power to nominate in many other States, and they have use& it to bring about greatly improved conditions. Let the Empire State put itself in line with the foremost States in the Union, by favoring nominations by the people, for thus only can we secure a government of the people and by the people. As convincing proof of the success, and the popu- ■ larity, of State-wide direct primaries, in other States, permit me to respectfully submit to the Legislature the following testimony of a few of the most distin- guished citizens and public officials in our country. United States Senator George E. Chamberlain, of Oregon, says: " The direct primary of Oregon has so far proved satisfactory to our people. ' ' United States Senator Morris Shepherd, of Texas, says: ' ' Our system of direct primaries in Texas meets with universal approbation." William Hodges Mann, Governor of Virginia, says : " Our primary law is applicable to all State offices. Indeed, we have been holding a primary for United States Senators for some time, and the Legislature has always elected the man selected by the people. I can say that the primary has worked well in this State. ' ' Frank L. Houx, Secretary of State of Wyoming, says: " I consider our State-wide direct primary law one of the best laws ever placed upon our Stat- 124 PuBLtc Papees of Governor Sxjlzer ute books. It eliminates =' Boss Eule ' tkat has heretofore prevailed in the nominating conven- tions and gives the people at large a voice in who the candidates shall be." Grovernor Cox, of Ohio, says: " Our primary law applies to all State officers. I would feel that the fundamental principle of popular participation in government would be vio- lated if all the State officers from the Grovemor down were not selected by popular choice." United States Senator Gilbert M. Hitchcock, of Nebraska, says : ' ' Our direct primary system, as far as it relates to the candidates for Senator or Governor, is an unqualified success." United States Senator Henry F. Hollis, of New Hampshire, says: " The New Hampshire system of direct prima- ries certainly meets the expectations of the people. The politicians criticise the plan, but it works ■well." United States Senator James E. Martine, of New Jersey, says: ' ' I feel justified in stating that our New Jersey direct primary system meets with the general ap- proval of the public. ' ' David S. Crater, the Secretary of State of New Jersey, says: ." The direct primary law of this State applies to State, county and municipal offices; also to members of Congress. So far as I am able to Messages to the Legislature 125 detemniiie, it seems to be satisfactory in every respect." Lee Cf uoe, tlie Governor of Oklahoma, says : ' ' Direct primaries are in operation in this State , for the nomination of all State, county and munic- ipal officers. It has given better satisfaction than the old convention system and there is no disposi- tion to return to the old way; Oklahoma has been a pioneer in the matter of direct primaries, and has no reason to take backward steps along these lines." Governor Oswald West, of Oregon, says : " The direct primary system in this State obtains from constable to the United States Sen- ator, including municipal officers. As a result of the law Oregon has abolished the boss and has relegated a political machine to almost forgotten history. It is most satisfactory, and while the law which was enacted by the people was given an overwhelming majority, I am confident that should the question be again submitted to them, they would endorse the law by even a greater majority than the first. I do not believe that the people of this State would revert to the old system of cor- rupt political machine methods under any consid- eration." EUiott W. Major, Governor of Missouri, says : , " Our law requires all candidates for elective offices to be. nominated at a State primary. The law has operated well and has given satisfaction, and is the only way to give the people a fair chance to select the men whom they wish to represent them as party nominees. The people elect their 126 Public Papees of Governor Sulzer public officers at the general election and the peo- ple are competent and qualified to elect their nomi- nees, who in turn become their public officers. Of course the would-be political bosses and certain corporate interests which meddle in politics are opposed to State primaries. It interferes with their manipulations and combinations. They wish to act as the guardians of the people and select their nominees for them. Let the people, by di- rect vote, select their own candidates. That is pure democracy, and in keeping with the ideals of a republican form of government. I am a strong advocate of the State primary law because it more nearly approaches the real rule of the people. I would rather trust the people than trust the men who, because of their selfish interests, think the people are not capable and should not be permitted to say who they wish for candidates. If you permit such fellows and interests to select your entries for you in the political race, you need not expect much in the end. * ' I cannot understand upon what principle any- one can oppose the people in exercising their right to select nominees at a State primary election. Let the people do the selecting, and not a coterie who wish to act for the people. Our State has tried the law and has met the test, and has given entire satisfaction, and no man in this State in public life would dare for a moment to advocate its repeal." Frank J. Donahue, Secretary of State of Massachu- setts, says: " Our law provides that all officers to be voted for at a State election shall be nominated by direct Messages to the Legislature 127 plurality vote in party primaries. This, as you will see, includes the direct nomination of United States Senators. It further provides for the di- rect election of members of the State committees of the political parties — not less than one froili each Senatorial District. The State-wide direct primary law was adopted in 1911, and under it we have had two direct primaries. That its opera- tion is satisfactory is admitted even by those who had vigorously opposed for years the passage of such a law hy the Legislature. The fight for State-wide direct primaries in this State extended over several years, but finally so strong did the de- mand become that in 1911 the House passed the direct primary bill with only fifteen dissenting votes out of the two hundred and forty members, and it was passed in the Senate without a division. ' ' Governor Brewer, of Mississippi, says : " Our law applies to all State officials. Taken on the whole I regard the primary law as satis- factory. There is no question in the world that by this method the wishes of the people are car- ried out, which cannot be said of the .ordinary ' convention ' method. " United States Senator James K. Vardaman, of Mississippi, says: " In Mississippi the direct primary law has served to put the government in the hands of the people rather than the bosses. It amuses the voter to study all economic and govern- mental questions and to realize that this is a government which derives all of its just pow- ers from the consent of the governed. It has done 128 Public Papebs of Goveenoe Sulzee more. It has made the: voter feel his responsibil- ity for the laws and to appreciate the real function of citizenship. Every State in this republic should provide for the election of every officer from Grov- ernor down by a direct vote of the people. The nomination by primary is only an application of this universally beneficent system," W. C. EUiston, clerk to the Secretary of State of Kentucky, says : " The Primary Election Law of Kentucky ap- plies to all offices and the various officials, both State and county, are elected under its provisions. The law has been a success from every standpoint, and we think it quite a step along pro^essive principles to elect our various officers under it." Governor 0. B. Colquitt, of Texas, says : " I was among the first to advocate a general primary electiqji law many years ago. Formerly a few politicians would get together in precinct or mass meetings, elect delegates, and adopt resolu- tions committing the party to policies and can- didates often not approved by the majority af the people. Our state-wide direct primary is infinitely better than the old system which it supplanted." Governor Francis C. McGovern, of Wisconsin, says : " In regard to the operation of direct primaries in our State, it has cleaned up the Legislature and given us different kind of men than formerly, more independent." Governor Luther E. Hall, of Louisiana, says : " There is no prospect that the State of Louisi- ana will ever return to the Convention Plan of Messages to the Legislattjeb 129 making nominations. Old-time politicians are now and then heard to decry the direct primary and to sigh for the convention, but this sentiment is not wide-spread and may be said to be negligible. ' ' Grovernor James F. Fielder, of New Jersey, says : " In 1912 by further enactment amending our Primary Law, presidential electors were included with the result that there is no longer any con- vention held in the State of New Jersey for nom- inating purposes. Last year there was a preferen- tial vote for President, and now all presidential electors as well as all State, county and municipal officers are nominated by the direct primary. The manner in which our laws have been amended from time to time until they finally include all elective officers in the State is the best evidence of their popularity." Governor George W. P. Hunt, of Arizona, says : " In Arizona the Direct Primary Law is ap- plicable to all elective State officials. I will say without hesitancy that the system of direct pri- maries applicable to all officers is immeasurably better than the old method of nominating by con- ventions." Charles H. Sessions, Secretary of State of Kansas, says: " The Kansas law applies to all elective officers from United States Senator down to township trustee. The law works so well in regard to its application to nominations for all officers that no attempt, or even a serious suggestion, has been made to repeal it. What opposition there was to 5 J.30 Public Papers of Gtovernoe Sulzee the enactment of the law has almost disappeared. Now and then a politician protests against it, but on the whole it is very popular with the people and it has come to stay." Grovernor Park Trammell, of Florida, says: " The primary system has been in force for about twelve years, and has given almost uni- versal satisfaction. Some four years ago in our Democratic primary a question was put before the voters as to whether or not a State convention was desired, it being the claim of the supporters of the convention that it was merely for the pur- pose of making a party platform. Many were of the opinion, however, that it was for the purpose of attacking the primary system. The vote was about five to one against the State convention. This expression indicated very conclusively how the people of Florida felt at that time relative to nominating by primary. The primary system has come to stay in this State." United States Senator Henry S. Ashurst, of Ari- zona, says: " It is impossible to exaggerate the civic bene- fits which flow from a pure, sweeping, State-wide primary election law. The primary nomination which abolishes the convention, eliminates the ' purchase proxy.' It destroys the secret caucus methods, and it guarantees to the plain citizen the same degree of potentiality as each and every other citizen possesses. Now and then, in the past, a legislature, or a political convention, has been found on the bargain counter and purchased as so many oxen in the field, but it is impossible to purchase all the people. Messages to the Legislature 131 "In Arizona we have a State-wide primary law for the nomination of all candidates, includ- ing United States Senators, and while it might seem ungracious in me to praise the bridge which carried me over, I cannot refrain from observing that in Arizona, I, a poor man, with absolutely no income whatever except my small law practice, was enabled by means of the direct primary, where the people iiad the right to express their choice, to defeat the combined influences of the railroads, national banks, the smelter trust and every cor- rupt politician in the State, all of which inter- ests confederated and combined in the hope of bringing about my defeat and electing' a reactionary. I mention this circumstance to show that a direct primary does not operate in favor of the rich man and against the poor man, for we fre- quently find the argument advanced by the op- ponents of the direct primary, that ' under the di- rect primary no one but a rich man may enter the political field. ' The very reverse is true. A poor man may enter the primary, and if he have abil- ity, facts, courage and energy, he may canvass any of our largest and most populous States by the ex- penditure of a few hundred dollars, whereas, if he were required to go before a convention to ob- tain a nomination, a number of sinister private in- terests would be able to cohere, by means of pur- chased proxies and by means of secret caucus methods, control the situation." This unimpeachable testimony — and I could adduce much more — seems quite conclusive, and if any one tells us that a direct nominations law is not a good 182 Public Papebs of Govebnok Sulzbe thing for New York, we can point to what other States have done through the agency of this beneficent re- form as a refutation of the reactionary assertion. No man fears direct primaries, except a man whose character, and whose ability, and whose men- tality cannot bear the searchlight of publicity. No man fears direct primaries, unless he wants to be the creature of invisible governni^it rather than the serv- ant of popular government'. Let me, therefore, renew my former recommenda- tions, reiterate all that I have previously said, and again sincerely and earnestly urge the Legislature to pass a direct primary bill that shall provide: 1. That all party Candidates for public office shall be nominated directly by the enrolled party voters at an official primary — the official primary to be conducted by the State, and surrounded with all the safeguards of an official election — any violation of the official primary law to be a felony. 2. A State committee of 150 members, one from each Assembly district, and a county committee for each county, to be elected directly by the enrolled party voters at the official primary. 3. AH party candidates for public office to be voted for in the official primary must be designated by pe- tition only, the same as independent candidates. 4. Every designating petition should contain the ap- pointment of a committee for filling vacancies on the primary ballot. 5. Candidates to be arranged on the ballot under the title of the office. Order of arrangement to be de- termined in eaqh group by lot, by the commissioners of election, in the presence of the candidates or their representativies. All emblems on the official primary ballot must be abolished. Names of candidates to be Messages to the Lbgislatubb 133 numbered. The voter to indicate his choice by mak- ing a separate mark before the name of each candidate. 6. The number of enrolled party voters required to sign a designating petition should be fixed at a percgnt- age of the party vote for Governor at the last preced- ing election, except that for State offices the number should not exceed 5,000 enrolled party voters, of which 100 shall be from each of at least twenty counties. 7. The primary district should be made identical with the election district, and the primaries of all par- ties should be held at the same polling place, conducted by the regular official election officers, just the same as an official election. 8. Each party to have a Party Council to frame a platform; such Coimcil to consist of the party candi- dates for office to be voted for by the State at large; party Congressmen and party United States Senators ; candidates for the Senate and Assembly ; members of the State committee ; and the chairman of each county committee. 9. The time for filing independent nominations sub- sequent to the filing of party nominations should be increased from five days, as now provided, to fourteen or more days. The number of signers of an independ- ent certificate of nomination should conform to the number of signers of a party designation. 10. Election of United States Senator by the people should be provided for in accordance with the recent constitutional amendment. Nominations for United States Senator to be made at the official primary in the same manner as for the office of Governor. 11. Registration days in the country should be re- duced from four to two, and registration in the country should be by affidavit where voter does not appear per- sonally. 134 Public Papers of Govbenoe Sxtlzee 12. Boards of elections in counties having less than one hundred and twenty thousand inhabitants should be reduced from four members to two, in order to decrease the expenses. 13. The use of party funds at primary elections to be absolutely prohibited, and made a felony. 14. The penal law should be amended limiting to a reasonable sum the amount of money that may be ex- pended by a candidate,, or anyone on his account, for the purpose of seeking a nomination to public office, any violation of the same to be a felony, and make the nomination, if secured, a nullity. 15. Delegates and alternates from the State at large, and from congressional districts, to the National Con- vention should be chosen by the direct vote of enrolled party voters at the official primary. Such a law, in my judgment, will substantially re- deem our party pledges and meet the just demands of the enrolled party voters of the State. Any proposi- tion less than this begs the whole question and violates the pledged faith of the several political parties to their voters in the State. In this connection, I deem it my duty, to say to the Legislature, that I have no pride of opinion regarding details and non-essentials in the construction and the enactment of this legislation. The assertion that I have said that my bill must pass without the crossing of a " t ", or the dotting of an " i " is absurd, and without the slightest foundation in fact. I have had too much experience as a legislator to utter such nar- row-minded sentiments. As a matter of fact, the truth is, I have no vanity of authorship, and want none. My struggle is for the essential principle of State-wide direct nominations. On that fundamental principle the friends of State-wide direct primaries declare that there can be no honorable compromise. Messages to the Lbgislatuee 135 No one can be deceived as to my contention and as to my attitude. All I am seeking to accomplish is to write on our statute books, an honest, and a simple, and a practicable direct nominations law — State-wide in its scope and application — in order to carry out in good faith party promises. That is all. Can I be more fair and more reasonable? Let us be honest about direct primaries, and keep our pledges to the people. At all events, as the Gov- ernor, I shall, and if the Legislature does not, the people will know the reason why. (Signed) WM. SULZER Again Urging Immediate Repeal of Certain Amendments to Tax Law, Effected by the Enactment of Chapters 356 and 357 of the Laws of 1913, in Relation to Ex= ceptions and Limitations on Taxable Transfers, and in Relation to Franchise Tax and Credit to be Given on Account of Purchase of State Bonds State op New Yoke — Executive Chambeb Albany, Jwne 17, 1913 To the Legislature : Again I earnestly renew my recommendations for the immediate repeal of certain amendments made to sections 190 and 221 of the Tax Law, effected by the enactment of chapters 356 and 357 of the Laws of 1913. At my suggestion, after careful consideration, there was prepared and introduced for the approval of the legislature, on April 28, 1913, two separate bills re- pealing the said chapters, and to assist their immediate enactment, I sent at that time emergency messages to both the Senate and the Assembly. 136 Public Papees op Govebnob Stjlzeb These repealing measures duly passed the Senate and were received in the Assembly, but failed of pas- sage by that body, as I am advised, wholly through oversight or neglect. On May 6, 1913, I issued a proclamation about this matter and served notice on all concerned that repeal- ing measures would be introduced at this extraordinary session ; and advised all prospective investors and pur- chasers of these State bonds, that the possible advan- tages purported to be accorded by chapters 356 and 357 of the Laws of 1913 were but temporary, to say the least, and would be annulled at the earliest possible day. At this extraordinary session, repealing measures for such purpose will be immediately introduced, and to speed their enactment into law I shall accompany their introduction with emergency messages. There should be no delay in passing these biUs. In the interest of the general welfare and just financial administration, I earnestly request that the Legislature forthwith give these important measures favorable consideration. (Signed) WM. SULZEE Albany, N. Y., Jwne 17, 1913 Statement by Grovemor Sulzer : " Pursuant to a proclamation issued by me on May 6, 1913, to the effect that chapters 356 and 357 of the Laws of 1913 would be repealed at the earliest possible moment in the present Extraordinary Session, this morning I sent to the Legislature a special message accompanied by emergency messages, covering two bills, which I caused to be prepared, which repealed the amendments made to sections 190 and 221 of the Tax Messages to the Lbgislatube 137 Law, which were enacted in the Frawley measures, and became chapters 356 and 357 of the Laws of 1913. ' ' With a promptness that will be appreciated by all the citizens of our State, the Legislature forthwith passed both these measures, and I approved the saine, and they became laws at 1 o'clock this day and were immediately filed in the Secretary of State's office. " I congratulate the Legislature. Its speedy action in this important matter is entitled to the comlnenda- tion of the taxpayers of the State. " In this connection, I wrote a letter to the Comp- troller, of which the following is a copy : ' ' " State of New York — Exboutiv^e Chamber " Albany, Jime 17, 1913. " Hon. William Sohmer, State Comptroller, Albany, New York: " Dear Sm. — I beg to advise you that at 1 o'clock to-day I approved Mr. Levy's two bills, introduced this day in the Legislature, one of which repealed the amendments made to section 190 of the Tax Law and the other repealed the amendments made to section 221 of the Tax Law by the enactment of chapters 356 and 357 of the Laws of 1913, respectively. " These bills are now chapters 794 and 795; chapter 794 being entitled " ' An act to amend the Tax Law, in relation to franchise tax and credit on account of purchase of State Bonds,' and amends section 190 of the Tax Law. " Chapter 795 is entitled " 'An act to amend the Tax Law, in relation to exceptions and limitations on taxable transfers.' and amends section 221 of the Tax Law. 138 Public Papers of Govebnoe Sulzee " This information is given to your office so that your department may act accordingly. ' ' Very truly yours, ' ' (Signed) WM. SULZEE ' ' Recommending Passage of Bill to Submit to the Voters of the State at the Regular Election in November, 1913, the Question: " Shall There be a Convention to Revise the Constitution and Amend the Same? " State op New Yoek — Executive Chambee Albany, June 18, 1913 To THE Legislatuee : I recommend for the favorable consideration of the Legislature the passage of a bill to submit to the voters of the State, at the regular election in Novem- ber, 1913, the question : ' ' Shall there be a convention to revise the Constitution and amend the same? " For good and sufficient reasons I was constrained to disapprove a measure, passed by the Legislature, at the regular session, concerning this matter. In my veto memorandum, dated May 14, 1913, 1 said : " The next constitutional convention in the State of New York will be charged with the duty of materially changing our organic law. I am in favor of a constitutional convention at the earliest practicable time to lay the foundation for future constructive progress. " The Democratic party stands pledged to call this constitutional convention before the time pro- vided in Article XIV, section 2 of the present Con- Messages to the Legislature 139 atitution. This pledge will be strictly fulfilled if the convention is held in April, 1915. ' " The bill before me provides for a special elec- tion on June 3 of this year, for the purpose of submitting the question to the voters, ' shall there be a convention to revise the Constitution and amend the same? ' and if favorable, the delegates to the convention are to be elected at the general election next November. " There exists several reasons which, in my opinion, make it my duty to disapprove this bill. ' ' In the first place insufficient time is allowed to prepare for such special election. It is doubtful if there is time for the Secretary of State to notify the proper election officers of the special election and for the latter to give adequate notice to the voters to enable them to comply with the provi- sions of the bill. "A single day is provided for amending the registers of election, which were made up nearly eight months since. * ' Constitutional amendments are required to be published for three months prior to their submis- sion tq the people under the Election Law, section 295. This bill allows of less than one week's pub- lication of notice to the voters who have moved, of the necessity of having their names properly placed on the registers and only one half week's notice to all voters of the referendum itself. ' * In view of the fact that it is extremely doubt- ful whether the adequate election machinery can be prepared and the statutory notices duly pub- lished prior to June 3d, I deem it would be im- 140 Public Papees op Gtovbknok Sulzee proper to entail, what I believe to be an unneces- sary expense, of upwards of one million dollars on the taxpayers to call this special election to decide the question. " The State constitutional issues should be clearly stated and fully discussed by the people before the selection of their delegates to this con- stitutional convention ; and for the purpose of such discussion and consideration of these vital mat- ters, I fieel convinced that the majority of the tax- payers agree with me that the time between now and the election cannot be considered sufficient. : " In my judgment, it is highly important that before the selection of their delegates to a new constitutional convention, the citizens clearly understand and comprehend the fundamental changes they desire their representatives to make in the organic law of the State. ' ' The pledg:ed faith of the Democratic party to call this constitutional convention before the time provided in Article XIV, section 2 of the State Constitution wUl, in my opinion, be strictly fulfilled by the submission of this question at the November election of this year; and, if favorable, this will permit the election of dele- gates pursuant to the constitutional provision in No- vember, 1914, and the assembling of the delegates in April, 1915. The holding of a constitutional convention in April, 1915, will be three years in advance of the time fixed in the Constitution. The plan of submitting the question of whether a convention shall be called at the fall election of this year, and the election of delegates thereto in the Messages to the Legislattjee 141 November election of next year, will avoid the neces- sity of the large and unnecessary expense of a special election for such purpose. The fulfillment of this party pledge, with the least possible expense to the taxpayers of the Statfe, is. an object which I am sure every member qf the Le^S- lature, as well as myself, favors most heartily. The bill concerning this important matter, which I believe at this time should receive your favorable con- sideration, should be a measure presenting to the voters solely the question prescribed by the Constitu- tion : • ' Shall there be a convention to revise the Con- stitution and amend the same?" Signed, WM. SULZER Recommending Passage of a Bill for the Legal Convey= ance to the State, by the Authorities of the City of New York, of the Title to the Land and Appurte- nances of the Long Island State Hospital State of New York — Executive CHAiwBEK Albany, June 23, 1913 To the Legislatuee : A matter of importance, affecting the adequate hous- ing of the increasing insane of the State, arises con- cerning the acquisition by the State of the title to the Long Island State Hospital. For a long period of years the State's title has been in dispute and in liti- gation with the authorities of the city of New York. At the present time, after much litigation and as the result of extended conferences between the represen- tatives of the State Hospital Commission, the Attorney- Gfeheral of the State, and the lA.a.jov ot the city of 142 Public Papees of Gtoveknoe Sulzee New York, and other interested city officials, the At- torney-General advises me that an agreement has been reached satisfactory to both the State and the city of New York which, if carried out, will advance the efficient administration of the State Hospital Commission. I am further advised that it is necessary that this favorable arrangement be accepted and consummated at once. Not only has the matter been in dispute for a long period of years, but the Legislature with a view of making a definite determination of the matter, enacted chapter 762 of the Laws of 1913, which in effect au- thorized the city of New York to convey to the State of New York the premises in question at Flatbush, in the borough of Brooklyn, known as the Long Island State Hospital, in fee simple, free and clear of all incumbrances. When this measure was before the Mayor of the city of New York for approval, a question arose concerning what disposition should be made of the premises in the event of their abandonment by the State for State hospital purposes. The Mayor of the city of New York at first refused his approval, but he finally approved the measure upon the understanding that a supplemental bill would be passed which would include a provision to the effect that any deed from the city of New York to the State of New York should contain a clause providing that the premises conveyed should revert to the city of New York whenever the State should cease to use the same for the purposes of a State hospital for the in- sane, provided in such case that the city of New York make compensation to the State for all improvements Messages to the Legislattjbe 143 made to said premises, by way of new buildings or additions to existing buildings. The legal authorities of both the city and the State have agreed, as I am advised, that a deed containing such provision is not authorized under chapter 762 of the Laws of 1913. In order to permit a legal valid conveyance embody- ing the agreements between the parties, I respectfully urge that the Legislature pass at this extraordinary session a measure amending chapter 762 of the Laws of 1913, to the end that the result desired may be accomplished. (Signed) WM. SULZER Note. — This bill became a law August 8, 1913, being chapter 799. In signing the same Governor Sulzer issued the following statement: " It has been suggested by the Attorney-Greneral that my previous approval of three certain bills, passed by the Legislature on July 23, 1913, precludes the Executive from questioning the validity of the pur- ported concurrent resolution, attempting to adjourn the Legislature from July 23, 1913, to August 11, 1913. ' ' I fail to understand how the Executive 's approval of these bills in any way affects the journals of the respective houses of the Legislature. Had I not signed these bills, after ten days they would have been just as effective as laws as they now are with my signature. My approval did not, ini any way, add any force or effect to the certificates of the presiding officers or to the legislative journals of the two houses. " Each one of the particular measures which I have already signed, including the bill which I have this day sigaed, relating to the New York Training School for Boys, had already been approved by me as to their 144 Public Papees of Gtoveknob Sulzeb policy and substance, in separate special messages, which I had sent to the Legislature, urging their con- sideration and passage at this extraordinary session. Their enactment into law I deem beneficial to the citi- zens of the State, and in order that no delay might take place in their promulgation, I deem it expedient and proper, as Grovernor, to sign the same rather than per- mit them to become promulgated at the end of ten days without my signature. My signature, as Governor, on these bills did not in any sense, nor can it be con- strued in any manner, to amount to an approval by me of any incorrect statements that may have been con- tained in the journals of either house, and if the ques- tion is open to the courts, I am convinced that my signature on these bills in and by itself, will not pre- sent any additional impediment to judicial scrutiny and action." Recommending Legislalion to Amend Chapter 413 of the Laws of 1913, Which Provides that the State High- way Department Shall Not Make Any Contract in , Excess of $1,000 for the Maintenance or Repair of Roads Without Advertising for Bids State op New Yoek — BxECUTrvE Chambeb Albany, June 23, 1913 To THE Legislatuee : I respectfully recommend to the Legislature for its immediate favorable consideration and action, the passage of an act which, in effect, will amend chapter 413 of the Laws of 1913. Said law, in its present form, now provides, that the State Highway Department shall not make any contract in excess of $1,000 for the maintenance or repair of roads without advertising for bids. Messages to the Legislature 145 In view of the conditions at present existing in the State Highway Department, which require the imme- diate repair of many existing State Highways in var- ious parts of the State, it is imperative, to the end that this important work be accomplished at the earliest practicable moment, that these highway repairs be provided for in contracts prepared and executed with- out the necessity of the compliance with this provision of law. The enforcement of the existing law at this time, in regard to this matter, will give rise to complaints and increase the expense and unnecessarily delay the im- mediate performance of these important repairs by the State Highway Department. After a conference with the Commissioner of High- ways, I deem it advisable that an act be passed at this extraordinary session, permitting the Commissioner of Highways to make contracts for maintenance and re- pairs, on condition that bids be asked from at least three reputable contractors for each such contract and no such bid be accepted or contract entered into until approved by the Comptroller of the State of New York; and, further, that no such contract be awarded except to the lowest bidder, with authority to the Com- missioner of Highways to reject any and all bids in his discretion. The letter to me in connection with this matter from the Commissioner of Highways is as follows: " By chapter 413 of the Laws of 1913, it is pro- vided that the State Highway Department cannot make any contracts for repair of roads in excess of $1,000 without advertising for bids. "A great number of our roads are in a deplor- able condition and require immediate attention 146 Public Papees of Goveknoe Sxtlzee and extensive repairs, and it will be impossible to prepare plans and specifications and advertise for bids and do the work upon these roads necessary to put them in good condition until late in the season. " There is a great demand that these repairs should be made at once and it is imperative, if the roads are to receive consideration required, that a statute be passed at this extraordinary ses- sion of the Legislature, permitting this depart- ment to enter at once into contracts for repairs without public letting. " I prepared an act, which I herewith submit, which safeguards the interest of the State and provides that I can only enter into such contracts upon receiving at least three bids from three reputable contractors; that no contract can be executed until approved by the State Comptroller ; that all contracts must be awarded to the lowest bidder or be absolutely rejected. ' ' The State has appropriated a large amount of money for the repair of these roads, and on ac- count of the lateness of the season and the great amount of work to be done, I sincerely trust that the proposed legislation may be enacted into statute. ' ' In the interest of the general welfare, I shall cause to be submitted a measure which will permit the end desired to be accomplished, and urge that it receive your prompt and favorable action. (Signed) WM. SULZEE Messages to the L^jgislatube 147 Recommending the Enactment of Legislation Providing for a Direct Tax of One Mill, to Provide for Contri- butions to the Several Sinking Funds, for the Pay= ment of Principal and Interest Upon the State Debt State of New York — ExECUTrvE Chambek ' Albany, June 24, 1913 To the Legislat tJEE : I have given very serious and most careful consider- ation to the finances of the State. After reflection, I have reluctantly reached the conclusion that it is not only expedient, but necessary, that I recommend to this extraordinary session the passage of a bill providing for a direct tax of one mill, to provide for contributions to the several sinking funds, for the payment of in- terest and principal upon the State debt. r ■ shall' therefore submit for your favorable con- sideration a bill for enactment, concerning which the State Comptroller writes me as follows : " The several provisions of this bill follow the rates fixed by the statutes authorizing the issue of State bonds. A rate of 1463/10,000' of a mill is included in the bill for the purpose of a contribu- tion to the general fund. " The appropriations for 1913 authorized by the Legislature amount to $47,866,596 68 " The requirements for the sinking funds amount to 9,500,389 79 " Total of $57,366,986. 47 ' ' The estimated receipts for the year, as^ set forth in the Comptroller 'g Eepert ofTSlS, are $63,820,412.20, which includes the direct; tax. If these estimates were verified there would be a surplus at the end the year of $6,363^426.73. 148 Public Papees of Govebnoe Stjlzee ' ' If the rate in the inclosed bill for general fund purposes were reduced one-tenth of a mill it would reduce this surplus by $1,128,000. The experience of this office has been that a surplus of at least $5,000,000 is necessary for properly and efficiently conducting the business of the State." (Signed) WM. SULZEE Recommending Passage of Bill Extending the Time When the Law Commonly Known as the Housing Law, Being Chapter 774 of the Laws of 1913, Shall take Effect State op. New York — Executive Chamber Albany, June 24, 1913 To the Legislatueb: At a conference recently held in the city of Albany, attended by representatives from the second-class cities in the State, it- was agreed that the immediate enforcement of the provisions of chapter 774 of the Laws of 1913, entitled : ' ' An act in relation to the housing of the people in cities of the second class," would impair realty values and cause great and unex- pected financial loss to the owners of real estate; to contractors, and to labor in the cities affected. In view of these facts it would be wise, proper and just to all the parties interested, it seems to me, to 'amend this laW in relatioli to the time when the same should take effect, through an amendment making cer- tain provisions of said law inoperative until October 1, 1913. Messages to o'he Legislattjeb 149 I agree substantially with the conclusion reached at the said conference that it would be inadvisable to amend the measure so that the health provisions should not become operative immediately. These features relating to the sanitary conditions of communities are calculated to benefit the health of the people in cities where the law operated, and in my opinion, should be allowed to go into effect at once. At the conference it was proposed and suggested that there be inserted a provision which would allow builders to proceed with work on buildings planned or started in order to prevent the suspension of building operations, which would result from the immediate enforcement of the law as it now stands. To accomplish the proper result, I respectfully recommend to this Legislature that section 159 of the law be amended to read as follows : " This act shall take effect the first day of Oc- tober, nineteen hundred and thirteen, except article four thereof, which shall take effect imme- diately as to any requirements thereof, the en- forcement of which the health officer of the city shall direct; provided always that all plans filed before the first day of October, nineteen hundred and thirteen shall be executed by a substantial completion of the building contemplated thereby on or before January first, nineteen hundred and fifteen, and no plan not thus executed shall be executed after January first, nineteen hundred and fifteen." (Signed) WM. SUIjZEE 150 PuBiiic Papers of GovEEiiroB Sulzeb Recommending Legislation Exempting from Sanitary Inspection Seed Oyster Beds Within the State State of New York — Executive Chambbh AxiBANY, Jvme 24, 1913 To the Legislature: Section three hundred and ten of the Conservation Law now requires a sanitary inspection and examina- tion of all shell fish grounds within the State from which shell fish are taken, planted, or cultivated. The eiifbrceiaent of this law in its present form will require tlie examination of many thousands of acres of land devoted exclusively to the raising of seed oysters, and for such examination a fee of twenty- five cents per acre is prescribed. The purpose of this section of the Conservation Law is to protect the public against the consumption of oysters grown in waters polluted by sewage, and I am advised by the Conservation Department that this pur- pose can be fully conserved if those lands which are devoted exclusively to the raising of seed oysters are exempted from -this examination. As the law now stands the Conservation Department is prohibited from making any such exemption and the exactment of the required examination fee would work an unnecessary hardship. Under the circumstances, I respectfully recommend to this Legislature that a measure be passed which shall exempt from the sanitary inspection and examina- tion prescribed by section three hundred and ten of the Conservation Law, all acreage within the State devoted exclusively to the raising of seed oysters. (Signed) WM. SULZER Messages to the Legislature 151 Recommending Necessary Legislation Concerning the Appropriation by the State of Toll Bridges Crossing the Canals State of New York — Executive Chamber , Albany, June 25, 1913 To THE Legislature: The Attorney-General of the State has called my at- tention to the immediate necessity of legislation con- cerning the appropriation by the State of toll bridges crossing the canals of the State. The Appellate Division of the Third Department since the adjournment of the regular session this year of the Legislature, has rendered a decision, the effect of. which in the opinion of the Attorney-General will seriously delay the construction of the new barge canal. Referring to this subject matter, the Attorney-Gen- eral has advised me in writing as follows : "A situation of great importance to the State has arisen in connection with the construction of the Barge canal, where the plans for the work re- quire the use of the Mohawk and Hudson rivers for the improved waterway. Two amendments to the Canal Improvements Law, so-called, chapter 147 of the Laws of 1903, are imperatively needed at the earliest possible moment, and I make the following statement in order to make clear the urgent importance of securing the enactment of the amendments at the special session of the Leg- islature. " Crossing the Mohawk and Hudson rivers are several toll bridges, constructed and in varying degrees bf efficiency maintained by private corpo- rations. All but one of these bridges require al- teration of complete reconstruction in order to make possible the use of the river for canal pur- 152 Public Papebs of Govebnob Stjlzeb poses. It was believed by tbe Canal Board, rely- ing on the case of Lehigh Valley Eailroad Com- pany against the Canal Board, 204 N. Y. 471, that these bridges could be lawfully taken for the im- provement of the canal, and that when rebuilt they would be free bridges. Since the adjournment of the Legislature last month it has been decided by the Appellate Division in the Third Department that toll bridges cannot be physically taken or formally appropriated in the work of canal con- struction, and that the law requires the building of a new bridge before the old is destroyed or in- jured. The effect of this decision will be most seri- ous, and as it is not subject to review by the Court of Appeals and the same question cannot otherwise reach the Court of Appeals for a long time to come, it is of the utmost importance that the State's right to construct the canal and to appropriate all necessary property to that end should be es- tablished beyond question by act of the Legisla- ture. " The statute as it is now interpreted requires the gift to a private monopoly of a structure vastly more valuable than anything it has ever owned, to which will attach the right to tax all travelers for forty years to come. "The proposed amendments permit the State to take existing toll bridges and the franchises and rights to maintain them and make the bridges to be constructed in their place free public for all time." I respectfully urge that the Legislature at this Ex- traordinary Session give its favorable consideration to this important matter. (Signed) WM. SULZEE Messages to the Legislature 153 Recommending Amendment to the Transportation Cor- porations Law so as to Permit and Secure the Joint Operation of the Proposed Terminal Railroad in the Borough of Brooklyn in Accordance with Plans Ap- proved by the Municipal Authorities of the City of New York State of New York — Executive Chamber Albany, June 25, 1913 To THE Legislature: During the regular session, the Legislature passed a bill amending section 154 of the Transportation Cor- porations Law, by providing that the provision which prohibits railroads or express companies from acquir- ing control in any way of freight terminal companies, shall not apply to corporations in the city of New York. My approval of this bill was urged by the authorities of the city of New York, for the purpose of permitting the adequate operation of the proposed marginal ter- minal railway in the Borough of Brooklyn. The bill in the form in which it passed the Legisla- ture was not limited in its operation to the Borough of Brooklyn, but affected all the five boroughs in the city of New York, which was unnecessary for the accom- plishment of its stated purpose, and I vetoed it. I approved a certain measure passed by the Legisla- ture, amending the New York City Freight Terminals Act, relative to water front facilities in New York City, which specifically related to the contemplated Brook- lyn Terminal improvement. The authorities of the city of New York and the State engineer, after a careful examination of the sit- uation have advised me that the plans agreed upon and contefliplated by the municipal authorities for the 154 Public Papeks of Goveenoe Sxjlzee eflBcient operation of the terminals on the South Brook- lyn water front can not be consummated without statu- tory authority permitting railroad companies to hold -stock in terminal freight companies in the Borough of Brooklyn. I feel convinced that this proposed development is of the greatest importa^nce to the commerce of the port of New York and to the business interests of the Bor- ough of Brooklyn and believe that it is but proper for this Legislature to afford the means necessary to the proper city authorities for the complete establishment and eiificient operation of this great proposed freight terminal. Under the circumstances, I recommend to this Legis- lature, for its favorable consideration, an amendment to the law that will permit and secure the joint opera- tion of the proposed terminal railroad in accordance with the plans contemplated and approved by the mu- nicipal authorities of the city of New York. (Signed) WM. SULZEE Transmitting Report of Grievance Committee of the As- sociation of the Bar of the City of New York Bearing on the Investigation of Charges Against Honorable Daniel F. Cohalan, a Justice of the Supreme Court State of New York — Executive Chambee Albany, June 25, 1913 To the Legislature: On June 5, 1913, the G-rievance Committee, of the Association of the. Bar of the city of New York, an- nounced that it had been requested to investigate certain charges made against Honorable Daniel F. Cohalan, a Messages to the Lbgislatube 155 Justice of the Supreme Court, of the State of New York, in and for the First Judicial District; and by a communication in writing, addressed to said Justice Cohalan, invited him or his attorney to confer with the counsel for said Committee. Mr. Justice Cohalan, on June 12, 1913, advised such Committee that, in his opinion, it had no jurisdiction over the subject matter, and that he intended to present the matter to me, as the Governor of the State; and, thereafter, the said justice addressed a communication to me, as follows : " Charges have recently appeared in the public press of this city emanating from one John A!. Connelly, reflecting upon my conduct in my pro- fessional relations to him. " If you deem it proper and compatable with the public interest, I ask that you direct the atten- tion of the Legislature about to convene in extra- ordinary session, to these charges for such action as it may deem proper, since in view of my judicial position the Legislature is the only body having jurisdiction to investigate and act in the pre- mises." I thereupon requested said Grrievance Committee of the Association of the Bar, to file with me, any and all exhibits and facts in its possession, together with their report, recommendation and conclusion, regarding the same, and upon their receipt I advised said Committee, I would take further action in the premises. On June 25, 1913, I received a report in writing, with exhibits thereto annexed, from the said Committee on Grievance, of the Association of the Bar, of the city of New York, respecting this matter, and I consid- ered it proper that the same be immediately trans- 156 Pu:pL(io Papeks om Gtovebnob Sulzeb mitted to this Legislature for appropriate action in the premises. Accordingly, I herewith transmit to this Legislature, and as part of this message, at this time, copies of the said report of the said Grievance Committee, together with said exhibits, and respectfully suggest that pur- suant to article VI, section 11 of the Constitution, and the other provisions of law that may be applicable thereto, the same receive the immediate attention of this Legislature, and that a thorough and exhaustive investigation and examination be made and the -true facts ascertained; that fair and full opportunity for their presentation be given all the parties interested, including the representatives, of the Bar Association of the city of New York, and that after such examina- tion and hearing, in accordance with the Constitu- tion and the laws of the State of New York, this Leg- islature take such action in the premises as shall be deemed wise, proper and expedient. (Signed) WM. SULZER Recommending that Chapter 463 of the Laws of 1913 Amending the Labor Law in Relation to Bakeries, should not be Effective against Cellar Bakeries until a certain time after May 9, 1913, when the Law went into effect. State of New York — Executh^e Chamber Ar-BANY, June 25, 1913 To the Legislature: Among the bills recommended by the Factory Li- vestigating Conunissipn, passed at the last session of Messages to the Legislature 157 the Legislature, was chapter four hundred and sixty- three of tjhe laws of nineteen and thirteen, entitled : "An act to amend the Labor Law, in relation to bakeries. ' ' # Section one hundred and sixteen thereof, deals with the prohibition of future cellar bakeries and provides that no new bakery shall hereafter be located in a cel- lar not theretofore used for bakery purposes. The act took effect on May 9, 1913. After consideration, the Factory InvegtigJiting Commission advised me that the effect of the immedi- ate enforcement of the provisions of section one hun- dred and sixteen would be unfair and unjust. It would affect buildings in the course of construction, at the time the iact took effect, plans for which pro- vided for cellar bakeries. It was not intended by the Commission, as I am ad- vised, that the act should have this effect. My atten- tion has been called to cases where the operation of the law as it now stands would work an unwarrantable hardship as in cases where the owners of buildings were proceeding with their construction under plans which had been approved under the existing law and which provided for the construction of cellar bakeries. The Factory Investigating Commission urges that the law should be amended to the end that section one hundred and sixteen ghall not apply to the cellar of a building in the course of construction on the ninth day of May, nineteen hundred and thirteen, nor to the cellar of a building the construction of which was commenced after the first day of January, nineteen hundred and thirteen, and completed on or before the ninth day of May, nineteen hundred and thirteen, provided that such cellar be used and operated as a bakery at any 158 Public Papees op Govebnok Sulzek time prior to the first day of January, nineteen hundred and fourteen, and that satisfactory proof of the time of the construction of such building and of the use of the cellar as a bakery, as herein specified, be furnished to the Commissioner of Labor, in such form as he may require on or before the twenty-eighth day of Febru- ary, nineteen hundred and fourteen. A bill embodying these suggestions will be presented to the Legislature, and I can see no reason why it should not receive favorable consideration. (Signed) WM. SULZER Recommending Legislation for the Reorganization of the Department of the State Architect in order to Insure Proper and Efficient Administration. State of New York — Executive Chambeb Albany, June 25, 1913 To THE Lbgislatuee : The State Architect has conferred with me concern- ing the necessity of legislation, reorganizing that de- partment, in order to insure the proper and efficient administration of the functions and duties imposed by law upon the State Architect. Referring to this subject matter, the State Architect has advised me in writing as follows : ' ' I have the honor to invite your attention to the bill which I have framed, reorganizing the State Architect's office and placing it upon a depart- mental basis. My reasons for doing this I have explained to you a number of times and will again briefly state the facts which will warrant you in Messages to the Legislatubb 159 recommending to the Legislature, the passage of this bill. " Upon my assuming charge of this office, I found a chaotic situation regarding the method of handling appropriations and responsibility for the disbursement of which was placed upon the State Architect, but only after the approval of a number of Boards, who have greater jurisdiction over the work than the State Architect himself. I have been compelled to redesign certain buildings on ac- count of their being defective in construction and faulty in design. ' ' In addition, hundreds of thousands of dollars are being spent by the various institutions over which the State Architect has no jurisdiction what- ever, except to indicate his approval of the ma- terials which are to enter into the work. Eeview- ing the situation very carefully, I have framed this bill, first along the original lines laid down by you, second involving such provisions of law which my judgment would indicate as making a more work- able department. "It is my opinion that only through the au- thority which this bill would give the State Archi- tect for handling the disbursement of those enor- mous sums of money, can the best interests of the State be protected in carrying out your policy of economy and efficiency in all State institutions, and that the requirements , of this bill would be a great check against extravagance such as hitherto existed. The method of financial organization which is .provided by this bill, would tend to put the State Architect's department, at the end of two years, upon a self -sustaining basis. The check 160 Public Papers of Goveenoe Sulzbb upon the State Architect, as provided in this bill, is such that chicanery and extravagance, which has existed in former administrations, would be eliminated. " The bill also provides for the establishment of an Art Commission which I consider a most valuable adjunct to the department of architec- ture. This Commission would also have jurisdic- tion over all works of art becoming the property of the State through appropriation or otherwise. They would also pass upon the design of the de- partment of architecture. They would have the power of approval or disapproval of aU projects made in the department of architecture for State Buildings and would be a great factor in produc- ing suitable designs for buildings to be erected for State institutions. In addition they would have jurisdiction over all the designs for monu- ments and works of a similar character. The enor- mous value of such an Art Commission has been proven in the past in both municipal and national affairs, as you well know, at the same time bring- ing to the service of the State, the best criticism from leading professional men of the highest standing. "I do not hesita.te to urge upon you in the strongest possible manner, the recommendation that you submit this bill to the Legislature for their action, as I am confident that the department of architecture, under this law, can be carried to a high point of efficiency and make those economies which you so earnestly desire and in doing so, re- flect credit upon your administration, which I am so anxious to support." Messages to the Lbgislattjke 161 I respectfully recommend to this Legislature that a measure embodying the views above stated, concerning this important State Department receive favorable action. (Signed) WM. SIJLZEE Recommending the Enactment of the CJiptional City Charter Bill. State of New Yobk -t^ Executive Chambee AzsA^Y, Julp 8, 1913 To THE Legislatube : ' In my opinion a long step towards municipal home rule was accomplished by the enactment of chapter 247 of the Laws of 1913 — known as the Home Rule Law for Cities. This Home Rule Law largely increased the powers of cities as municipal corporations, but failed to con- fer upon them Authority to change the structure of their government. It is my conviction that our cities should have the right and the power to choose their own form of gov- ernment Avithout going to the Legislature for permis-^ sion to do so ; and I believe that the Legislature has the authority, by general legislation, to confer such power upon second and third class cities. Since the adjournment of the regular Session of the Legislature, a conference of the Mayors, and other oflScials, of these cities was held at Binghamton^ and adopted resolutions urging the enactment of such a law at this Extraordina:ry Session of the Legislature. All the members of the Legislative Committee of the Mayors' Conference, together with a committee of the 6 162 Public Papees op Gtovebnok Stjlzee Municipal Government Association, have called ujion me in Mbany, urging that I present this matter to the coinsideration Of this Extraordinary Session ; and pre- sented a petition, signed by thirty-seven Mayors of second and third class cities of our State, requesting the enactment of such a measure. At the regular session of the Legislature, an op- tional city charter bill was introduced, but failed o;^ passage. If it had been enacted it would liave given our cities of the second and third class an opportunity to choose for themselves the form of charter they de- sired. These cities should have this privilege. The municipal empowering act, now law, together with the enactment of an optional city charter act, will, in my opinion, constitute the, largest degree of home rule that can be granted to these cities of our State, by general laws, prior to the passage of a home rule amendment to the Constitution, which should provide cities with the absolute freedom to decide for them- selves, all matters concerning their . local affairs and form of government. , , , No man in all this State is a greater bejiever than I am in the doctrine of home rule as a fundamental right. Long experience has taught us that many of the evils the people want remedied ; that most of the things the people want done ; can be remedied, and can be done, through local agencies without interference, or inva- sion, by the State Legislature. , , I respectfully recommend to this Legislature the fa- vorable consideration of a measure substantially simi- lar to that proposed at the last regular session. That measure provided that cities should have the option of iadopting any one of five simplified forms of city government, including two plans providing for : t Messages to the Legislatube 163 the election of Mayors and Gouncils-at-large ; one plan for the election of a Mayor and council chosen by wards ; a so-called commission plan ; and' the city mana- ger plan. It also granted to cities of the third-class, the option of accepting the existing White Charter for Second- Class Cities, with the salaries on a lower schedule. I respectfully request the careful consideration of the Legislature to this vitally important subject of real Home Eule, and trust that such action will be taken as will place New York in the lead of those States which have had the foresight and the enlightenment to grant such local authority to their municipalities. (Signed) WM. SULZER Recommending the Immediate Enactment of Legislation to Relieve Disgraceful Prison Conditions in the State of New York, and Transmitting a Report of the Com» jl mission on New Prisons. State. OF New York — ExECUTrvB Chamber Albany, July 16, 1913 To THE Legislature : I herewith transmit to you a communication from the Commission on New Prisons, dated July 9, I9l3, and a proposed I9.W drawn in conformity with its conclusions. Prison conditions in our State are a disgrace to civil- ization. As the Executive, I am mortified by the rev- elations. No appeal that I can present to you can ex- aggerate the pathos of the facts in this matter. To- day,, aiid for many years past, this State has confined many thousands of convicts in cells seven feet long, three feet and three inches wide, and six feet and 164 Public Papeks op Goveenok Sulzek seven inches in heiglit. These cells are constructed in a rectangular cell-block of solid masonry. The only opening into these cells is through the door. The door opens upon a corridor which itself is enclosed in the prison building. In many of these masonry pockets in Sing Sing there are confined two prisoners. In speaking of Sing Sing and Auburn prisons the Commission, appointed under chapter 718 of the Laws of 1905, in its report to the Legislature, January, 1906, says : " The night bucket system is employed in both prisons, and as the cell blocks of these prisons rest directly upon the ground, without any air space underneath them, it is practically impossible to in- stall closets without reconstructing the entire cell blocks. These night buckets add a malodorousness to an overburdened germ-laden atmosphere. They cause the 'storing of excreta for ten to fourteen hours in an enclosure where a human being must remain in practical contact with it during that time. In both prisons this condition is duplicated in each of the 1,200 cells. The sanitary expert does not hestitate to say that verily this is far worse than living in a sewer. The plumbing fixtures of Sing Sing prison are foul and corroded ; there is no evidence that the drains are pealed against sewer gases ; and they afford no resistance to any back pressure created by the water locking of the sewer outlet when it is covered by high tides. The floor openings at such times are conduits for additional vitiation to an atmosphere already polluted. The sanitary engiiieer reports in relation to Sing Sing cell house, that its proximity to the river, its slight elevation above high-water mark, its construction without air space beneath, the character and mass Messages to the Legislatubb 165 of the material used in its erection, together with its defective ventilation, convert it into a vast re- frigerator which condenses the warm and hiimid air, causing the moisture to be deposited on tlje walls, rendering the cells damp and vault-like. In the lower cells this condition is aggravated by con- tact with the main floor. ' ' Samples of air taken at an early hour in the morning at both prisons indicated that it contains an abnormal amount of carbon dioxide. " In Sing Sing there are six tiers of cells. This causes a wide difference between the temperature in the lower and upper galleries. When the lower galleries are cold, the upper ones are abnormally warm. There is no remedy for this condition ex- cept the construction of a cell block having a lesser number of tiers," The place thus described is not for the confinement of noxious beasts but of human beings. No fitter school could be devised for the moral, mental and physical disfigurement of the man, in which he either succumbs to painful and lingering disease and death, or survives to continue on his release the life of crime which pre- ceded his incarceration. I fully concur in the conclusion of the Commission on New Prisons, that immediate action is demanded both by the dignity of the State and by every feeling of humanity on the part of its people ; that the longer continuance of such conditions as now exist at Sing Sing prison is intolerable ; that not only is a new prison demanded to accommodate the increasing number of our criminals, but a prison of a wholly different Mnd and character ; and that these relics of the horrors and inhumanity of the Middle Ages, in which the iadded ignominy of bestiality is stamped upon the face of 166 Public Papees of Govebnob Sulzee crime are. as disgraceful to us who tolerate them, as they are degrading to those who are incarcerated in them. I can not therefore too earnestly urge that the Com- mission on New Prisons be empowered to act for the amelioration of ihgse abhorrent conditions, and 'by the passage of the measure which I transmit to you, be furnished with the authority and funds necessary to accomplish that purpose. I therefore recommend this measure for your iomae- diate consideration and I do hereby certify to the ne- cessity of its speedy passage. - (Signed) WM. SULZER Summary of Legislation Enacted During the Regular Session of the Legislature together with a Resume of Messages sent to the Legislature During the Extraor^- dinary Session and the Appointments Sent to the Senate for Confirmation. State of New Yoek — Bxecutive Chamber Albany, July 23, 1913 To the Legislatuke : The regular session of this Legislature convened this year on January 1, 1913, and it adjourned on May 3, 1913. Prior to the thirty-day period for the consideration of measures by tlie Executive, the Legislature had passed and sent to the Executive, for his consideration, 531 bills. Of these 442 were approved. A memoran- dum was filed with 22 of the measures. There were recalled 74 bills; and 15 were vetoed with separate veto messages. Messages to the Lbgislatube 167 During the thirty-day period the Executive had un- der consideration 701 bills. Of these 351 were ap- proved; and 350 were vetoed, with 19 memoranda of appi'oval and 51 memoranda of disapproval. All told, 793 Mils were enacted into laws, out of a total of 1232 bills, passed ^J the Legislature and sub- iimtted to me for consideration. ''''^ "'''''^ *rhe financial bills passed by the Legislature, exclud- ing sinking fund and bond interest bills, aggregated a total of $55,108,705.25, made lip as follows : General appropriations, $30,236,987.29. General supply bill, $6,916,922.60. Special appropriations, $17,954,795.36. I approved $29,825,897.29 of the general appropriation bills ; $4,178,505.73 of the general supply bill ; and $13,778,862.21 of the special appropriation bills, making a total of $47,783,265.23. The total of financial items and bills which I vetoed ^moimt to $7,325,440.02. During the regular session, the. Legislature haying failed to pass a bill f pr Direct Primaries, on ^-Siy 8, 1913, I issued a proclaniation convening the Legisla- ture in e:^tra'0rdinary session, t.Q commence June 16, 1913. This extraordinary session pf the Legislature was called for the purpose of considering the People 's bill for State-wide Direct Primaries,. It has.been. in session for a few minutes now and then for a period pf .over a month, but has signally failed to pass a State-wide Di- rect Primary bill, containing provisions which. I recom- mend, and which I believe should be on the statu tp books of our State. Since the Extraordinary Session convened, I have 168 Public Papees of Govbenok Sulzbb been urged, and for reasons which seemed to me to be quite sufficient, I have recommended for the consider^-- tion of the Legislature, several other measures, con- cerning each of which I have sent to the Legislature a bill with a special message. They relate to the follow- ing matters : On June 18th,- recommending the passage of a bill to submit to the voters of the State at the regular elec- tion in November, 1913, the question " Shall there be a convention to revise the Constitution and amend the same? " On June 23d, recommending temporary legislation relating to maintenance contract on the highways. On June 23d, recommending the passage of a bill for the legal conveyance to the State, by the authorities of the city of New York, of the title to the land, and ap- purtenances, of the Long Island State Hospital. On June 24th, recommending the passage of a meas- ure exempting from sanitary inspection seed oysters' beds within the State of New York. On June 24th, recommending the passage of a bill concerning the extension of the time when the law com- monly known as the ' ' Housing Law, ' ' being chapter 774 of the Laws of 1913, shall take effect. On June 24th, recommending the passage of a bill providing for the direct tax for the payment of inter- est and principal due on the State debt. On June 25th, recommending necessary legislation relating to the appropriation by the State of toll bridges crossing the canals. On June 25th, recommending legislation concerning the operation of the proposed terminal railway in the Borough of Brooklyn. On June 25th, recommending that chapter 463 of the Laws of 1913, entitled "An act to amend the Labor MESSAGES TO THE LtGISLATUBB 16& Law, in relation to bakeries," should not be effective against cellar bakeries until a certain time after May 9, 1913, wheii the law went into effect. Oil June 25th, recommending iiecessary legislatipn to aid the State Architect's office in doing its important work. On July 8th, recommending the enactment of the op- tional city charter bill. On July 16th, recommending the enactment of essen- tial legislation to relieve disgraceful prison conditions i;Q the State of New York. Since the convening of this Extraordinary Session I h^,ye sent the following appointments to the Senate for confirmation. To he a Trustee of Cornell University: John De Witt Warner, of New York City, a former Member of Congress, and a well-known lawyer. He is an alumnus of the university and peculiarly qualified for the duties of the office. For Commissioners of the State Reservation at Ni- \ agar a: Elton T. Eansom, of EansomvUle, N. Y, Abram J. Elias, of Buffalo, N. Y. John L. Romer, of Buffalo, N. Y. Obadiah W. Cutler, of Niagara Falls, N. Y. These gentleman are weU-known citizens who take a deep and an abiding interest in the affairs of this reservation. For Public Service ComrnissioViers, Second District: William E. Leffingwell, of Watkins, N. Y., to succeed Frank W. Stevens, resigned. Mr. Leffingwell was formerly a conspicuous member of Assembly. He is a successful business man of much experience and well qualified for the position. 170 Public Papers of GroyEENOE Stjlzbe Charles J. Chase, of .Croj;on-on-Hudson, N. Y., to suc- ceed Curtis N. Douglas, term expired, Mr. Chase has been connected with the New York Central and Hudson Eiver railroad for more than twenty years, , as a locomotive engineer. He is en- dorsed by railroad organizations, as well as by bankers, merchants, clergymen and distinguished citizens. For Commissioner of Labor: James M. Lynch, of Syracuse, N. Y., to succeed John Williams, resigned. Mr. Lynch is one of the foremost labor leaders in America. He is the president of the International Typographical Union, whose membership numbers more than 50,000 enrolled printers. Representatives from the allied printing trades ; various labor organi- zations, and many prominent citizens endorsed Mr. Lynch for this important position. It is generally admitted he is well qualified to perform its arduous duties. For Commissioners of Prisons: James T. Murphy, of Ogdensburg, N. Y., to succeed Edgar A. Newell, term expired. Mr. Murphy is a well-known merchant of Ogdens- burg, and takes great interest in this institution. Rudolph Fi Diedling, M. D., of Saugerties-on-Hud- son, N. Y., to succeed Simon P. Quick, term expired. Dr. Diedling was at one time surgeon of the Ehnira Reformatory, and is very conversant with the duties of the office for which he has been selected- For trustee of the New Tork State Hospital fjor the treatment of Incipient Pulmonary Tuberculosis: George L. Brown, of Elizabethtown, N. Y., to succeed Martin B. MoClary, resigned. Messages to the Legislatube 171 Mr. Brown is a well-known and respected citizen of Elizabethtown ; editor of a nfi'W'spaper, and the present Postmaster. For Trustee of the State College of Forestry at Syra- cuse University : Francis Hendricks, of Syracuse, N. Y., to succeed George E. Dunham, heretofore appointed and unable to serve. Mr. Hendricks is a highly respectable citizen of Syracuse. He was formerly State Senator, Collector of the port of New York, and State Superintendent of Insurance. For Hell Gate Pilot: Albert A. Ford,ham, of . City Island, N. Y., reap- pointed. Was appointed in 1912 upon the recommenda- tion of the Board of Port Wardens. For Fire Island State Park Commissioners : Colonel Alfred Wagstaif, of New York City, to suc- ceed Samuel L. Parrish, who declined reappointment. Colonel Wagstaff is too well known to need introdhic- tion. He resides on Long Island and is the Clerk of the Appellate Division, Supreme Court, First Depart- ment. James W. Eaton, of Baylon, N. Y., to succeed John H. Vail, term expired. Mr. Ekton is a large property holder and actively interested in the development of the South Shore of Long Island. Edward C. Blum, of thfe Borough of Brooklyn, reap- pointed. Mr. Blum is a prominent business man and has served continuously in this offibe since its organization in 1908, performing very eflScient services. ' 172 PuBMc Papers or GtOVebnoe Sulzee These recommendations and these nominations speak for themselves; they are made in the interest of the common weal, and I indulge in the hope that the Leg- islature will consider them on their merits, ere the ad- journment of this Extraordinary session. Of course I am aware of the inconvenience imposed upon the members of both branches of the Legislature through the necessity of their attendance at this Ex- traordinary session, and I appreciate that the consid- eration of certain charges in the Oohalan case may have prevented the consideration of some of these leg- islative matters. However, there is no reason now why all these matters should not be speedily considered and promptly disposed of — one way or the other. The Legislature must recognize that its continuance in session adds largely to the burdens of the taxpayers through necessary expense ; and while it is proper that the pending matters should receive careful consider- ation, it is respectfully suggested, in the interest of economy, that they be disposed of at the earliest pos- sible time and the Legislature then adjourn. It is useless to deny that at the present season of the year it is extremely difficult to secure the presence of a quorum to pass legislation, but I feel confident that an announcement by the legislative leaders, strictly adhered to, that pending legislation must be promptly considered by the votes of all the members, will accom- plish the desired result ; and to that purpose I respect- fully urge again that the measures recommended by me receive immediate and favorable consideration. With the view of assisting the speedy dispatch of pending legislative business, and of reducing to a minimum the necessary expense of this Extraordinary session of the Legislature, I hereby announce, for the information of the members and all others interested, Messages to the Legislatuee 173 that I shall recommend to this Extraordinary session no further legislation. For the reasons herein stated, I now earnestly urge the prompt consideration by this Legislature of pend- ing measures, and by the Senate early action upon the appointments I have submitted, to the end that the general welfare be promoted, the convenience of the members conserved and the expenses to the taxpayers of a protracted session reduced to the minimum. (Signed) WM. SULZER IV PART 1 VETO MESSAGES IV PART 1 VETO MESSAGES Amending Legislative Law, in Relation to Compensation for Appearances in Legislative Matters State of New York — Executive Ohambee AiiBANY, April 5, 1913 To THE Assembly: I return herewith, withotit my approval, Assembly Bill, Pri-nted No. 1798, entitled: "An act to amend the legislative law, in relation to compensation for appearances in legislative matters." This hill is now before ine for the second time, hav- ing been recalled at my suggestion. The bill is still defective in form and substance and, if enacted into law, would not only create an anomaly in regard to the enactment of certain laws, but would cause great confusion in regard to the -legislative method of enacting and publishing sueh measures after their passage. The bill in part prescribes : " Nothing in this chapter shall be construed as affecting or relating to any legislative measure or measures providing for relief from the cost of any public park, street, opening or widening, in any proceeding instituted by any local authority." The " chapter " referred to is the Legislative Law (chapter 37, Laws of 1909). The language of the pro- posed bill, above quoted, in effect repeals article 3 of [1T7] 178 Public Papees of Governor Sulzer said chapter which relates to " Enactment and Publi- cation of Laws." The measure refers to a large class of special bills that are introduced at every session of the Legislature providing for cancellation, or , refund of assessments levied upon property for the cost of local improve- ments. -' - ' • ' > ! The portion of the bill above referred to would have the following effect upon such bills and their treatment in the Legislature : , , 1. Upon their passage they would not require the certificate of the presiding officer under section 40 of the Legislative Law. 2. There would be no provision as • to evidence of when such bills become a law, since section 41 of the Legislative Law, relating to this subject, would not apply to them. . , , = i , 3. There would be no requirement for the deposit of such bills, upon their becoming a law, with' t^ie Secre- tary of State, and his certifying them and, causing the^m to be published in the bound, volumes of the session laws, as provided in section 42 of, th« Legislative Law. 4. The provision of section 43 of the Legislative Law that bills which do not prescribe the time of their tak- ing effect shall, if they become law, take effect on the twentieth day thereafter, would not apply to such special assessment bills. 5. Publication of such spedal assessment laws in newspapers would not be required as provided in sec- tion 48 of the Legislative Law. Aside from the technical defects above emmierated, the purpose and object of the bill is contrary to sound public policy. Veto Messages 179 This bill would legalize a method on the part of lob- byists and their employers in promoting special assess- ment bills, which method, if used in promoting any other kind of bills, would be a criminal act under ^sec- tion 66 of the Legislative Law. The»bill would permit those interested in special assessment legislation to keep secret all facts regard- ing' the amount and character of their expenses in securing the passage of such legislation, although all persons expending money to secure the passage of any other kind of legislation must file with the Secretary of State an account p,f . such expenditures. This is so for the following reasons: 1. The persons Who employ such legislative agents and legislative counsel for the purpose of securing the passage of such special assessment bills would not be required, as othiers who employ legislative agents are required under section 66 of the Legislative Law, to file statements of their expenses in connection with securing the passage of the bills. 2. It would not be unlawful to employ a person to promote such bills for compensation contingent upon the passage of the bills. It would not be unlawful for a legislative agent or counsel to accept such a con- tingent retainer to secure the passage of such special assessment bills. The retaining of a lobbyist to pro- mote the passage of any bill upon such a contingent retainer is now made a misdemeanor by section 66 of the Legislative Law. I deem that no sufficient reason has been advanced why lobbyists and their employeSrs interested in pro- moting special assessment bills should thus be per- mitted to use methods that it is criminal for other lob- byists and their employers to use. The public policy 180 Public Papees of Goveenok Stjlzeb back of the provisions of the Legislative Law against the use of such methods applies with as much force in the case of lobbying for special assessment bills as in the case of lobbying for any other bill. This bill has met with serious objection from the Bar Association of the city of New York and the Citizens ' Union of the city of New York. For the reasons above stated I disapprove the bill. (Signed) WM. SULZER To Amend Charter of the City of Port Jervis, in Relation to Compensation of City Officers State of New York — Executive Chambbe Albany, April 18, 1913 To the Assembly: I return herewith, without my approval, Assembly Bill, Printed No.. 310, entitled: "An act to amend chapter seven hundred and fifty-three of the laws of nineteen hundred and seven, entitled 'An act to incorporate the city of Port Jervis, in relation to compensation of eity officers.' " This bill amends the charter of the city of Port Jervis, increasing from $300 to $600 the annual salary of the mayor; makes the salary of aldermen $50, and of aldermen-at-large $100, and of supervisor an addi- tional compensation of $50. The bill is to take effect immediately and conse- quently is highly objectionable legislation in that it increases the compensatipn of officers having stated terms during their term of office. Veto Messages 181 In addition, I am compelled to disapprove this bill for the further reason that I am convinced that the purpose of this measure can be readily accomplished under and pursuant to the provisions of the Home Eule Bill for Cities, which was approved by me on April 10, 1913, and became chapter 247 of the Laws of 1913. (Signed) WM. SULZER To Amend the Charter of the City of Port Jervis, in Re- lation to the Police Force, its Members and Officers, and, Powers of the Common Council in Relation Thereto. State of New York — Executive Chambeb Albany, April 18, 1913 To THE Assembly: I herewith return, without my approval. Assembly Bill, Printed No. 1733, entitled: "An act to amend chapter seven hundred and fifty-three of the laws of nineteen hundred and seven, entitled 'An act to incorporate the city of Port Jervis,' in relation to the police force, its members and officers and powers of the common council in relation thereto." This bill is disapproved for the reason that on April 10, 1913, I approved the Home Rule Bill for Cities, which became chapter 247 of the Ijaws of 1913, under which I am convinced that the relief sought for in this act may be secured, , (Signed) WM. SULZER 182 Public Papers of Govebnob Sulzeb To Establish a Pension Fund for the Paid Officers and Members of the Fire Department of the City of New Rochelle State of New York — Exegtjtivb Chamber Albany, April 19, 1913 To THE Assembly: I return herewith, without my approval. Assembly Bill, Printed No. 1234, entitled: "An act to establish a pension fund for the paid officers and members of the fire department of the city of New Rochelle." This bill is disapproved for the reason that the pur- pose sought to be done in this special bill can be accom- plished under and pursuant to the provisions of the Home, Rule Law for Cities, which was approved by me on April 10, 1913, and became chapter 247 of the Laws of 1913. The importance to the people of the cities of the State of this general Home Rule Law can hardly be exaggerated. It gives the cities of the Empire State sweeping powers, making them supreme and equipping them with full authority to carry out and perform all the requisite functions of local self-government, and unshackles, emancipates and liberates our municipali- ties from interference by the State Legislature. The city is made free and independent and becomes, in truth, a self-governing community — supreme in all distinctly local matters. This Home Rule Law makes the doctrine of municipal frieedom an established fact. It places the administration of city functions into the hands of the local citizens. It creates and establishes Veto Messages 183 the rule of the people in all local matters, so far as the cities of the State are concerned. The great changes, and the far-reaching results, which will follow in the next few years from thi% grant of genuine local self-government from the present Legislature cannot, in my opinion, be overestimated. The Home Rule Law, in its broadest sense, grants to all cities of the State power to regulate, manage and control their property and their locaL affairs, with all the; rights, privileges and jurisdiction necessary to carry that power into execution. In so far as I can do so consistently let me say again that no special bill will meet with executive' approval if the purpose desired can be accoinplished under the provisions of the Home Rule Law. (Signed) WM. SULZER Amending the Insanity Law, Generally State of New York — Executive Chambee ' Albajty, April 21, 1913 To THE Assembly : I return herewith, without my approval, Assembly Bill, Printed No. 2158, entitled : "An act to amend the insanity-law generally." This bill in its present form contains several very serious defects which meet with my disapproval. Instead of the chairMan of the State Commission being designated by the members of the Commission, this bill provides that the medical member shall be the chairman. 184 Public Papers of Govebnoe Sulzek The medical member might vacate his office and the two remaining members might have had large or long experience in the administration of the affairs of the Commission, yet under this proposed amendment a newly-appointed medical member, necessarily having less experience in the administration of the affairs of the Commission, would become the chairman. I deem it a wise provision of the present law to permit the Commission to choose a chairman, and situations can readily be suggested where a wise choice would require the chairman to be other than the medical member of the Commission. The present bill radically changes the qualifications of the medical member of the Commission. At present he must have had at least ten years' experience in the practice of his profession, and five years' experience in the care and treatment of the insane in an insti- tution. Under the amendment he must have had ten years' actual experience in an institution for the insane; at least five years' experience of which shall have been in a New York State hospital for the insane, and he must have had experience in the management of a New York State hospital for the insane. This amendment will, necessarily, limit the field of choice of the Executive in securing commissioners for the Lunacy Department. Only those who have served in a New York State hospital for at least five years and have, in addition, had experience in the majiagement of a New York State hospital, can be selected by the Executive as the medical member of this Commission. The State of New York should be able to secure the best equipped and qualified doctor as the medical mem- ber of this board that it is possible to secure from all the experienced men in the State. Veto Messages 185 It may be that a doctor specially trained and of national or international repute in this particular field, who has devoted many years to service as head of a similar department in one of our sister 8tates,»might be willing to become a medical member of the New York State Hospital Commission. No matter how great his qualities or high his pro- fessional reputation or administrative capacity, he would be debarred and prohibited from becoming a member of the New York State Commission under this proposed amendment. Without in any sense reflecting upon the qualifica- tions and efficiency of the doctors who are now em- ployed in our State hospitals for thfe insane, aU reason- able men must conotede that this restriction of the field of choice might, and' possibly would,' result in failure to secure for the State of New York and it& citizens the services of an acknowledged leader and administrator for this very important State department. The duties of the Bureau of Deportation are mani- fold, and on the administrative side require a man of lafge executive capacity and sound judgment based on large business experience. While it might be true that a large part of the func- tions aiid duties of this bureau require medical knowl- edge for their proper administration, I deem that a deputy, or deputies, who are hot members of the med- ical prof essioil might be readily secured from among the citizens of our State, who as a member, or members, of this bureau would, in my opinion, greaitly aid or augment its efficiency and effectiveness. '' The number of deputies is not limited, but rests in the discretion of the State Commission, so that there can be no complaint oh the score that it will be impos- 186 Public Papers of Goveenoe Sulzee sible to secure sufficient medical deputies to perf (Jrm the medical work required of this bureau. The total exclusion of any lay deputy in this bureau fails to meet with my approval. This bill proposes to increase the salary of the med- ical examiner of the Bureau of Deportation from $5,000 to $5,500 per year. No sufficient reason has been advanced which I deem sufficient to require at this . time an increase in the salary of this office. , The bill makes radical changes in the qualifications of the superin,tendent of a State hospital. The bill requires that he must have had at least five years' actual experience in a New York State hospital for the insane, instead of as at present requires five years' actual experience in any institutipn for the care and treatment of the insane. The services of a superintendent of large experience and great ability demonstrated by his actual service as a superintendent of a similar :hospital in any State of the Union could not be secured, and he could not serve the State of New York in such similar capacity under the restricted field of choice prescribed by this proposed amendment, It is an unwise and an unreasoniable restriction, and if enacted in the law would, in my opinion, cripple the efficiency of our State hospitals for the insane to an extent varying with the circumstances that might arise in the future. , The appointing power of a superintendent of a State hospital is modified in regard to the provision of the appointment of officers by such superintendent. The present law requires him to appoint resident officers ; the amendment removes such restrictions and permits him to appoint officers who are nonresident officers. Veto JVCessages 187 .,1 am of the opinion that the power of appointing a superintendent should not be pnlarged as provided in this particular bill. The bill provides that the State Hospital Goramis- sion may authorize a superintejident to appoint a den- tist,, assistant stewards, pharmacists, principals of training schpols and such .otheir officers as are deemed necessary. ,,; I consider that these appointments should be made by the Commission, subject to the rules of the State Civil Service Commission, upon recommendation by the superintendent of a hospital. The responsibility for the administration of the hospital primarily, and in the ultimate analysis, rests upon the State Hospital Commission and the duty should be placed upon them of examining the qualifications of candidates for these positions &jid not place the power in th^ superintend- ents, which, in case of maladministration, would ab- solve the Sta-te , Hospital Commiss^ion from farther responsibility in the matter. ,, , The bill provides that the superintendent of a hps- pital shall have power to establish and mainta-in, sub- ject to the apprpyal of the State Hospital Commission, one or more out-patient departments, or dispensaries, within the hospital district, and assign the duties of such department or dispensary members of the medical staff, nurses and other employees, and make siich ex- penditures as may be required therefor, subject to the approvalof the Commission. The establishment of out-patient departments is a commendable and proper one. Necessarily, in ;th,e course of time (long or ^hort, depending upon the loca- tion pf tie hpspital), it will becoine necessary to pro- vide for a distinct and separate staff for the out-patient 188 Public Papers of Goveenob Stjlzeb department. The taking away from the many hos- pitals of the members of the medical staff, nurses and other employees will necessarily require that their places be filled by others similarly qualified. The equipment of the out-patient department, as the bill concedes, will require certain necessary expenditures. The bill provides that the superintendent of a State hospital shall make such expenditures " subject to the approval of the commission." If this bill were signed in its present form it would continue and assist to perpetuate a system of auditing which has been condemned by the Commission of In- quiry appointed by me in January of this year. There is pending now in the Legislature a bill to amend the State Finance Law, in relation to the powers and duty of the State CoinptroUer, which requires that no liability shall be incurred for any State charitable institution or by any officer from a department or com- mission except under certain supervision of the State Comptroller. Statutory construction would require that the method of auditing described in this proposed amendment would be exclusive of any other method of audit con- tained in any other statute. This amendment would also militate against the recommendations of the Com- mittee of Inquiry, which it is hoped will be enacted into law, concerning the es!tablishment of a Department of Contract and Supply. And, from this point of view just stated, the amendment contained in the bill which makes provision for the preparation of plans and speci- fications for the installation or alteration of mechan- ical appliances and fixtures in State hospitals, pernait- ting the State Hospital Commission to employ engi- neers for this purpose ; and the proposed amendment Veto Messages 189 relating to competitive bidding concerning such mat- ters, are not in harmony with, but contradict the pro- posals embodied in the report of the Committee of Inquiry which I belieye and earnestly hope will ulti- mately be enacted into law. Certain other provisions, were they in separate bills, might possibly be unobjectionable, but enough has been shown that, taking the bill, as a . whole, in its present form, it contains provisions that would so change, alter and amend the existing law in a manner which I deem detrimental to the best and most efficient administration of the affairs of this very important State department that, without taking up in particular any other amendments in the measure, for the reasons above stated, I think it my duty to disapprove this bill. (Signed) WM. SULZER To Revise Charter of the City of Corning, in Relation to Apparatus and Buildings for Fire Prevention State op, New Yokk — Executive Chambeb Albany, April 21, 1913 To the Assembly: I return herewith, without my approval, Assembly Bill, Printed No. 1586, entitled: ' ' An act to amend chapter one hundred and forty-two, laws of nineteen hundred and five, entitled 'An act to revise the charter of the city of Corning, in relation to apparatus and buildings ; for fire prevention. ' " This bill is disapproved for the reason that the pur- pose sought to be done by this special bill can be accom- 190 Public Papebs of Govebnob Sulzeb plished .under and pursuant to the provisions of the Home Eule Law for Cities, which was approved by me on April 10, 1913, and becaLet me state that I have given careful examination and much consideration to the amendments contained in this bill. It is my conclusion, as I believe it must be the conviction of any fair minded man who will exaniine this: measure, that the slight amendments made to the existing laws are mere patchwork, chang- ingionly a few minor details that clearly demonstrate a design to tinker wi'th a grave subject, by way of subterfuge, in order to deceive the voters. lO'/ "-^ These amendments will accomplish no honest re- form, and would rqad like an amusing farce, if it were not for the fact that the members of the present Legis- lature who sanctioned its enactment are irrevocably pledged and bound: by the highest moral and political obligations to pass an honest and a genuine State- wide Direct Primary Law. Hence, in the light of all we kiiow concerning this measure, it must be branded as enacted in bad faith; wholly fraudulent; and a glaring breach of the pledged faith of every member of the Legislature. There is no escape from this conclusion. This measure is a fraud on the electors of our State ; and is in no sense a real and an honest State-wide Direct Primary Law; nor can it conceivably be said, from any point of view, to fulfill! the pledges in the 192 Public Papees of Goveenob Sulzee State platforms of the respective political parties in our commonwealtli. Among the many shortcomings of the bill, it may be pointed o.ut that it , .otu*! State of New YoKk — Executite Ohambee* " Albjosy, May 2, 1913 To THE Assembly: ' > oT '. I return herewith, without my approval, Assembly Bill, Printed No. 224, entitled: «*^- ->/[ •rnu-> (<^jj^ a,ct to amend the judiciary > law, relative '" to the delivery and publication of opinions of jus- tices of the appellate division." 'J^^ This bill is not approved for the reason that the power to correct the evil, if any exists, lies within the authority of the justices constituting the respective Appellate Divisions of the State of New York, who are already vested with power and authority to create sufficient rules #hich would readily correct the alleged violations. Such power and authority being with the respective Appellate Divisions, the matter is one which should be left for their correction rather than by correction through legislation. This bill is disapproved. (Signed) WM. SULZER 204 Public Papers of GoyEBNOK Sxjlzeb Amending the Education Law, Relative to the Assess- ment for School Purposes of Certain State Lands in Dutchess County State of New York — Executive Chambbe Albany, May 2, 1913 To the Assembly: I return herewith, without my approval, Assembly Bill, Printed No. 2417, entitled : "An act to amend the education law, relative to the assessment for school purposes of certain state lands in Dutchess county." After an examination of the facts in the locality which this bUl affects, I am convinced that at present there is no pressing necessity of enacting this measure into law. I disapprove the bill. (Signed) WM. SULZER IV PART 2 VETO MESSAGES (Extraordinary Session) IV PART 2 VETO MESSAGES (Extraordinary Session) To amend the Election Law Generally, in Relation to Re- ducing Expenses of Noniinations and Elections and Further Regulating the Conduct of Primaries and Elections State op New Yokk — Executive Chamber Ar,BANY, July 8, 1913 To the Assembly: I return herewith without my approval, Assembly bill printed No. 2 (extraordinary session) entitled: "An act to amend the election law generally, in relation to reducing expenses of nominations and elections and further regulating the .conduct of primaries and elections." During the previous session- of the Legislature, I twice vetoed bills similar to the one now .bef,pxe me. The reasons stated in my former yetoes are applicable to this measure. My views concerning the provisions in thipt bill, are well known to the voters of the State, and s]iD^4rl>e to every member of the Legislature. I am aware that this measure passe^.the Assembly by a bare majority; and, although it must (be i deemed to represent the position of the Legislature at this, time, respecting promised electoral reforms, I am convinced that it does not carry out in good faith tKe pledges of the leading political parties of our State which, a great majority of the citizens of New York insist shall,, !^e done in accordance with platform promises. [207] 208 Public Papees of Govebnoe Sulzee I feel confident that whein the opportunity presents itself the disapproval of the electors of this measure will be as emphatic as is my disapproval of this bill, and the two previous similar measures. The bill is disapproved. (Signed) WM. SULZER. To Amend the Election Law, in Relation to Reducing Ex= penses in the Operation of Such Law. State of New Yoek — ExECXJTrv^ Chambee Albany, July 8, 1913 To the Assembly: I return herewith without my approval, Assembly bill, printed No. 1 (extraordinary session) ■entitled: "An act to amend the election law, in relation to reducing expenses in the operation of such law." Every desirable feature contained in the measure now before me for executive action was embraced in the measure amending the Election Law generally, which I recommended and caused to be introduced at the commencement of this extraordinary- session, aiid which this Legislature has seen fit to defeat. On examination, this measure contains certain fea- tures which, under the guise of attempting to reduce election expenses, operate to continue in force objec- tionable features of our present primary law. For example, the provisions for marking a vote on the primary ballot, permit the voting a straight ticket by making a mark in a circle under an emblem. The re- tention of this device operates against real reform in our primary law, which I believe a majority of the voters expect this Legislature to accomplisih. Veto Messages 209 TJie measure now before me prescribes that the party emblem shall appear upon the primary ballot. This, as I have said before, I believe to be an impedi- ment to real primary reform. The method which I urged, of marking a direct*pri- mary ballot by a voter, amends section 58 of the Elec- tion Law in this respect, by eliminating any possibility of yoting a straight ticket by maJdng a mark in a circle under an emblem, and requires in substance, a cross mark in the voting space at the left of the candidate's name.^ I am in accord with the legislative desire to reduce the unnecessarily large expense in the operation of the Primary Law, but my power as Executive, when acting upon measures passed by the Legislature, does not permit me to retain the good features of a bill and reject the bad ones. If the purpose of this bill were solely to reduce the . burden of expense now incident to primary elections, I would gladly approve it ; but when it deals with the question of primary reform in a manner directly op- posed to the recommendations I have made, I am con- vinced that in regard to this measure, it is my duty to disapprove the same, and I believe a majority of the voters of our State will sustain my action in so doing. I disapprove the bill. (Signed) WM. SULZEE. 210 Public Papees of Govebnoe StrLZES To Amend the Election Law Relative to Members of State Committees of Political Parties State of New Yoek — Executive Chamber Albany, July 24, 1913 To the Senate: I return herewith, without my approval. Senate bill introductory No. 17, printed No. 11 (extraordinary session), entitled: "An act to amend the Election Law, relative to members of State committees of political parties." This measure is undesirable and departs from the provisions contained in the bill for a State-wide Di- rect Primary Law, which I sent to the Legislature, with a special message on June 16, 1913, but which bill unfortunately failed of passage. The friends of direct primaries are in favor of the provisions in that bill, for direct nominations, which provides for a State committee of 150 members — one from each Assembly district; each member having. but one vote ; but the measure now before me requires that the State committee shall be composed of one member from each Assembly district, with an added vote in the State committee for each additional 1,000 votes, or major portion thereof, cast in the Assembly district, represented by such member, for the candidate of the party for the office of Governor at the last preceding State election. The political purpose of the bill before me is ap- parent. It is a scheme to enlarge the State committee, but to continue the control of the same by few men. In practice it would inevitably tend to strengthen the grip of the party bosses on the political machinery Veto Messages 211 of the State, and from no point of view would it pro- jinote more effective control of the State committee by the party voters. I disapprove the bill. (Signed) WM. SULZER. To Amend Housing Law for Second Class Cities in Rela- tion to Side Yar4s and Time of Talcing Effect State of New Yokk — Executive Chamber Albany, July 24, 1913 To the Senate: I return herewith, without nly lapproval. Senate bill introductory No. 30, printed No. 30 (extraordinary session), entitled: "An act to amend the Housing Law for second class cities, in relation to side yards and time of taking effect." and also Senate bill iniiroducitory No. 31, printed No. 31 (extraordinary session), entitled: , , .; ''An act to amend the Housing Law for second , , ; ; class cities, in relation to the time when said law , shall take effect. ' ' I have this day approved a bill extending the time when the Housing Act shall take effect, which bill was agreed upon at a conference, held in Albany, by a large number of persons interested, and accompanied the special inessage which I sent to this Legislature con- cerning the matter. "The bill signed carries out the purposes suggested in. my special miessage and I deem it unnecessary at this time to SLplii-bx^'^ the foregoing bills. (Signed) WM. SULZER. .212 Public Papers of Gtovebnok Sulzee To Amend Law Providing for Issuance of Bonds for the Improvement of the Canals and in Relation to Toll Bridges State of New York — Executive Chamber Albany, August 5, 1913 To the Assembly: I return herewith, without my approval, Assembly bill introductory No. 15, printed -No. 15 (extraordinary session), entitled: >i,i. , "An act to amend chapter one hundred and. forty-seven of the Laws of nineteen hundred and three, entitled ' An , act, making provision for issu- ing bonds to the amount of not to exceed one hun- dred and one million dollars for the improvement of the Erie canal, the Oswego canal and the Oham- plain canal, and providing for a submission of the same to the people to be voted upon at the general election to be held in the year nineteen hundred and three,' in relation to toll bridges over the barge canal." Under the facts concerning the passage of this bill, as disclosed by the official journals of the Senate and the Assembly, I feel convinced that I am without juris- diction, as Executive, to pass upon the merits of this measure. The official journal of the Senate, with which I have been furnished a certified copy, shows that but twenty- eight Senators were present when the vote was taken on this bill. I am clearly of the opinion that this bill is one of those which, pursuant to section 25, article III of the Constitution, requires a quorum of the Senate or As- Veto Messages 213 sembly shall consist of not tes^s than three-fifths of all the members elected thereto. From the official journal of the Senate it affirma- tively appears that there was less than three-fifths of the members elected to the Senate present when*the vote was taken. It follows that the bill was not passed in conformity with the Constitution and, without ait this time considering the merits of the bill, I believe that the existing circumstances require that it should noit receive Executive approval. I disapprove the bill. (Signed) WM. SULZER. IV. PART 3 VETO MEMORANDA IV PART 3 VETO MEMORANDA Bills Disapproved for the Reason that Purposes Can Be Accomplished by Home Rule Measure State of New York — Executive , Chambee Albany, May 10, 1913 The following bills have not been approved for the reason that the purposes of the measures, can be ac- complished under the provisions of the Home Eule Law for Cities, which was approved by me, April 10, 1913, and became Chapter 247 of the Laws of 1913. These bills are as follows : Assembly bill, Introductory No. 1976, Printed No. 2691, entitled: "An act to amend chapter seven hundred and fifty-one of the , laws of nineteen hundred and seven, entitled, 'An act to revise the charter of the city of Binghamton,' relative to the amount of money tp,be raised for school purposes. " Assembly bill, Introductory No. 2156, Printed No. 2582, entitled: " ■' ■-'■ ■ • "An act to amend chapter three hundred and forty-five of tbe'laws of eighteen hundred and eighty-one, entitled 'An act to amend chapter eighty-two of the laws of eighteen hundred and eighty, entitled "An act to regulate the location of future burial grounds and cemeteries "v^fithin the city of Buffalo," in relation to the burial of mem- beys of certain religioiis corporations.' " [217] 218 Public Papebs of Govebnob Sulzeb Assembly bill, Introductory No. 1855, Printed No. 2503, entitled: ■' • "An act to amend chapter three hundred of the laws of ninet^n hun^rec^,: ai^d f9Tir, entitled 'An act to revise and consolidate the several acts rela- tive' to the city of Niagara Falls,' relative to the firemen's relief and pension fund." Assembly bill. Introductory No. 1856, Printed No. 2121,. entitled: / , " An act , to amend, cha,pter three h^ndred of the laws of nineteen hundred and four, entitled 'An , lacj; tp revise an,d,, consolidate the several (acts relative to the city ,pf Niagara Pallst,,' relative* to the number of, policemen and the rate of interest of school bonds." Assembly bill, Introductory No. 1882, Printed No. 2403, entitled: " An act to amend chapter six hundred and fifty of the laws of nineteen hundred and four, entitled ' An act to revise the charter of the city of Rome, ' generally. ' ' Senate bill,, Introductory No. 1275, Printed No. 1791, entitled,: .|j , , ; , , "An act to amend the charter of the city- of Little Falls, in relation tpitjie paving or repaving of any, street or portion of a ^treet," Assembly bill. Introductory No. 457, Printed No. 2289, entitled : ' ' An act to amend chapter eighteen of the laws of eighteen hundred and sixty- two, entitled 'An act to revise the charter of the city of Utica,' gen- erally, and abolishing the office of ward collector. " Veto Messages 219 Assembly bill, Introductory No. 1040, Printed No. 2243, entitled: ' '.Ajfi act , to anaend chapter six huridred and eighty-fpur osf, j;he laws of nineteen hi^i^4red and five, entitled 'An act to supjjler^ent the provisions of law relating to the, department of public works of the city of Syracuse.' " Senate till. Introductory No^ 97^^ Priced No. 1531, entitled : "An act to amend chapter beveri hundred and sixty of the laws of eighteen hundred and ninety- ' seven as amended, entitled 'An. act to revise the charter of the city of Watertown,' in relation to assessments fbr pavements. " Assembly bill, JJntroductory, No. 263, Printed No. 1377, entitled: '-■■■■<■ "An act to amend chapter five hundred and seventy of the laws of nineteen hundred and nine, entitled 'An act to establish the city court of Buf-' , falo, defining its powers and jurisdiction and pro- viding for its officers,,' in, relation to the salaries of the, judges of the city poujrt of Buffalo." Assembly bill. Introductory No. 1954, Printed No. 2263, entitled: ; / j i'^' An act to amen(i ciiapter two hundred, and thirty-five of the laws of nineteen hundred and, eight, entitled 'An act to authorize the city of Buf- falo to issue its bonds for the purpose of raising money to erect public buildings and to acquire lands therefor,' in relation to the terms and con- ditions of bond issues and the enlargement of said buildings." i 220 Public Papers of Govbrnok Stjlzeb Assembly bill, Introductory No. 1118, Printed No. 1735, entitled : "An act to amend chapter four hundred and seventy-seven of the laws of nineteen hundred and six, entitled 'An act to revise the charter of the city of Elmira, ' generally. ' ' Assembly bill, Introductory No. 862, Printed No. 21389, entitled: "An act to amend chapter seven hundred and ten of the laws of eighteen hundred and ninety- five, entitled 'An act to establish the ofl&ce of the Comptroller of the city of Mount Vernon,' as amended by chapter sixty-nine pf the laws of nine- teen hundred and one, as amended by chapter seventy-six of the laws of nineteen hundred and ten, in relation to his annual report." Assembly bill, Introduptory No. 1634, Printed No. 1831, entitled: "Ail act to amend chapter seven hundred and fifty-two of the laws of nineteen hundred and seven, entitled, 'An act to revise the charter of the city of North Tonawanda/ in relation to the fire department. ' ' Assembly bill. Introductory No. 149'3, Printed No. 1649, entitled : "An act to authorize, ithe board, of trustees of the police pension fund of the city of Buffalo, in their discretion, to increase pensions heretofore granted to widows of former members of the police force." Veto Messages 221 Assembly bill, Introductory No. 234, Printed No. 237, entitled : "An act to authorize the board of estimate |ind apportionment of the city of New York to inquire into, audit and cause the payment of the claims of Antonio M. Caridi, Theodore Palumbo, Frank V. Bruno and Alfred Bertoncini for services rendered to the said city." Assembly bill. Introductory No. 1565, Printed No. 1748, entitled: "An act to amend chapter three hundred of the laws of nineteen hundred and four, entitled 'An act to revise and consolidate the several acts relative to the city of Niagara Falls,' relative to the policemen's relief and pension fund. " Assembly bill. Introductory No. 1633, Printed No. 1830, entitled : "An act to amend chapter seven hundred and fifty- two of the laws of nineteen hundred and seven, entitled ' An act to revise the charter of the city of North Tonawanda/ generally, and repeal- ing certain provisions thereof relating to re- paving. ' ' Assembly bill, Introductory No. 1636, Printed No. 183'2, entitled: "An act to authorize the city of North Tona- wanda to provide for the removal of bodies, monu- ments and grave stones from a portion of an old burying ground known as Colonel John Sweeney's Tonawanda Eural Cemetery,, situate on the east side of Payne avenue between Christiana street and Thompson street in said city and to provide a 222 Public Papers of Gtovebnob Sulzeb suitable place to inter all said bodies and to re- inter the same and reset tbe monuments and grave stones, and to issue bonds therefor and to acquire the title in fee to such grounds for a public street. ' ' Assembly bill, Introductory No. 1982, Printed No. 2307, entitled: "An act authorizing the city of Buffalo to bor- row money by issuing bonds in sums not exceed- ing in the aggregate one hundred thousand dol- lars, for the purpose of improving playgrounds in said city and acquiring additional lands therefor. ' ' Assembly bill, Introductory No. 727, Printed No. 755, entitled: "An act in relation to the acceptance by dedica- tion of streets, highways and alleys in the city of Syracuse. ' ' Senate bill, Introductory No. 525, Printed No. 1024, entitled: ' "An act to amend chapter one hundred and eighty-three of the laws of nineteen hundred and seven, entitled 'An act to establish a police pen- sion fund for the city of Schenectady, New York, ' in relation to the composition and distribution of such fund." (Signed) WM. SULZEE Veto Messages • 223 Amending County Law Relative to Registration of Dogs State of New Yokk -— Exectjtive Chambee Albany, May 10', 1913, , Memorandum filed witk Senate bill, Introductory No. 968, Printed No. 1083, entitled: ■ "An act to amend the county law, in relation to the registration of dogs." Not Appeoved. I' d|^§in that this hi,!,! is unnecessary and that the pur- poses of the bill should be more properly accomplished by raising the fee for registration of dogs uniformly throughout the entire county. I disapprove of the bill, ( Signed) ' WM. SULZER Conferring Jurisdiction upon Court of Claims for tlie Determination of Special Cases State of New York — Executive Chamber Albany, May 10, 1913 Memorandum filed with bills specified below. Not Approved. Th,e follqYring bills ^conferring jurisdiction upon the Board of Claims to determine special cases are disap- proved. If the jurisdiction of the Board' of Claims should be enlarged, the law should be suitably amended accordingly. Its jurisdiction should be extended by general laws applicable to all throughout the State and 224 Public Papers of Govebnob Stjlzee not by special laws such, as the bills referred to in favor of particular claimants. The bills referred to are as follows : Assembly bill. Introductory No. 1689, Printed No. 1908, entitled: "An act to confer jurisdiction upon the Board of Claims, to hear, audit and determine the al- leged claim of John I. Munro, against the State for damages alleged to have been sustained by him while in the employ of the State at Kings Park State Hospital, and to render judgment therefor." Assembly bill. Introductory No. 13185, Printed No. 1510, entitled: "An act to confer jurisdiction upon the Board of Claims, to hear, audit and determine the al- leged claim of Bernard S,. Samson against the State for damages alleged to have been sustained by him in the payment of money to the State by mistake and to render judgment therefor." Senate bill, Introductory No. 1052, Printed No. 1199, entitled : "An act to confer jurisdiction upon the Board of Claims, to hear, audit and determine the al- leged claim of the Bethany Methodist Episcopal Church of the city of "Watertdwn, New York, against the State of New York,, and to render judgment therefor." Assembly bill, Introductory No. 274, Printed No. 2,718, entitled: "An act to confer jurisdiction upon the Board of Claims, to hear, audit and determine the al- leged claim of John L. Moriarty against the State ' Veto Messages 225 of New york for damages for personal injuries alleged to nave been sustained by' him while serv- ing as a member of the National Guard of the Stateof New York." Assembly bill, Introductory No. 437, Printed No. 2778, entitled: ' ' " '"' "An act to confer jurisdiction upon the Board of claims to hear, audit anfl determine a claim of the Oneida Nation of Indians. " Assembly bill. Introductory No. 18:24, Printed No. 2089, entitled: :K =,. "An act to authorize the Board of Claims to hear, audit and determine the claims of Herkimer County against the State for certain moneys col- lected by the State pursuant to the Agricultural Law and Penal Law, and to render judgment therefor. ' ' Assembly bill, Introductory No. 2060, Printed No. 2420, entitled : , ■ , ,,. "An act to confer jurisdiction upon the Board of Claims to hear and determine claims for work, labor, services and material performed and fur- . nished to the -McDermott Contracting Company, .barge canal contractgr.' ' Assembly bill. Introductory No. 2049, Printed No. 2409,; entitled:; "An act to confer jurisdiction upon the Board of Claims to hear, audit and determine tjie al- leged claim of Michael O'Keefe against the State of' New York for damages alleged to have been sustained while in the employ of the State."- • (Signed) WM. SULZER 8 226 Public Papers of; GrovEiB^OE Sulzek Amending County Law in Relation to County Charges State op New York ^- Executive Cha-mbeb ' Albany Mat/ 10, 1913 Memorandum filed with Senate bill, Introductory No. 1600, Printed No. 2009, entitled: "An act to amend the county law, in relation to county charges," Not Approved. I do not consider that the premium on a bond or undertaking given by a county officer, is a proper county charge. These premiums should be paid by the public officer. J disapprove the bill. (Signed) WM. SULZEE Amending Banking Law in Relation to Pensioning Em'- ployees of Savings Banks State op New York — Executive Chamber Albany, Mo.?/ 14, 1913 . Memorandum filed with Senate bill, Introductory No. 1677, Printed No. 21353, entitled i ■' ' ' An act to amend the Banking Lraw in relation to pensioning employees of Savings Banks." Not Approved. ' The object of this: bill is commendable. Employees who have faithfully performed service for over thirty years ^pr upwards, not only, in savings banks, but in Veto Messages 227 other industrial organizations, merit the financial as- sistance of their employers by pension or otherwise during their old age. The pensioning of the empiloyees of the savings banks under the terms of the measure now before '"me, is to be accomplished out of the depositors' inoneys. This diversion of the property of the depositors shoiild not be made without their consent. (It might be sug-^ gested that if there are suifficient employees in the sav- ings banks of the State interested in establishing- a pension fund, that the insurance laws of our State now permit them to organize as a membership association and by mutual contribution to accomplish the purpose sought in this bill,i and the opportunity is open for the officers of the savings banks wljo have received the assistance of long years of, service of those employees, to contribute from their own money to the support of this pension fund.) I deem it improper without the authorization of the depositors, to use their money for the pensioning of the savings banks 1 employees. •>•.. ,; :.; c'^--"i'< I disapprove the bill. ,,j-f7 m -^> , ,;'?>[• (Signed) WM. SULZER Legalizing Election in Niagara Falls for the Issuance of Bonds for Purchase of Site and Building of School State of New York — Executive Chambeb • Albany, Ma?/ 14, 1913 Memorandum filed witli^ Assembly bill^ Printed No. 2119, e?i]titlsd:, ''An act to legalize and confirm: a certain tax election held in the city of Niagara Falls on the 228 Public Papers of Govkrnoe Stjlzee twenty-fifth day of February, nineteen hundred and thirteen,, for the purchase of a site for a school building and the erection of a building thereon, and the issuance of bonds of the city therefor. " Not Approved. This bill is unnecessary for the reason that the Gen- eral Municipal Law now contains simple provisions for legalizing bonds or proceedings leading up to their issuance. If such general law is in any way defective or not broad enough to accomplish the result sought by this bill, it 'should be suitably amended and' render the necessity of special legislation unnecessary. I, therefore, disapprove the bill. (Signed)' WM. SULZEE Sundry Bills Conferring Jurisdiction upon Court of Claims to Determine Special Cases State of New York — Executive Chamber Albany, May 14, 1913 MEMOBAkDUM filed. Bills' specified below: " Not Approved The following bills conferring jurisdiction upon the Board of Clairas to determine special cases are dis- approved; If the JTlriSdictioii' of the Board of Claims should be enlarged,, the law should be suitably amended accordingly. ''Its jurisdiction should be extended by Veto Messages '. 029 general law applicable to all throUgliout the State jind not by special act such as the bills referred to in f avol* of particular claimants. The bills referred to are as follows : Assembly bill, Introductory No. : 628, '< Printed No. 648, entitled: "Ah act to confer jurisdictioti upon the board of claims to hear, audit' and determine the alleged claim of Henry McGurk against the state' of New York, "and to' render a determination therefor. ' ' Senate bill,, Introductory No. 17i85, Printed No. 2358, entitled : "An act to confer jurisdiction upon the board of claims to hear, ■ audit and determine the alleged claims Pjf any pffi(?er or mqipb^r of the state inilitia for counsel fees and expenses, and to render judg- ment therefor. " ' Senate bill, Introductory No. 1292, Printed No. 1505, entitled : . . ' " An act to confer jurisdiction liipon the board of claims to hear, audit and deterinine the alleged claim of Lake Erie Dredging Company against the state of New York and to render decision thereon." , . ; Assembly bill. Introductory No. ISSO, Printed No. 1505, entitled: ' ' An .act conferring jurisdiction on th^, board of claims to hear, audit and determine claims of ferry owners injured by the erection and maintenance of bridges continuing state highways oyer, cr'^^ts at or near the location of such ferries. ' ' 230 Public Papbes of Goveknob Stjlzeb Assembly bill, Introductory No. 1195, Printed No. 1294, entitled : "An act to confer jurisdiction upon the board of claims to hear, audit and determine the alleged claim of Charles L. Schutrum, against the state of New York, for damages alleged to have been sus- tained by him on the state river road in the town of Tonawanda, New York, on or about July fif- teenth, nineteen hundred and twelve. ' ' (Signed) WM. SULZER Amending Civil Code Providing for the Taking of Oaths by Justices of the Peace State of New Yokk — Executive Chambee Albany, May 14, 1913 , Memoeandum filed with Assembly bill. Introductory No. 2102, Printed No. 2483, entitled: "An act to amend the code of civil procedure, in relation to persons before whom oaths and affi- davits may be taken. " Not Appeoved This bUl amends section 842 of the Code of Civil Procedure, by" providing that a Justice of the Peace may take an oath or affidavit anywhere in the county containing the town or city in which he is authorized to act. The effect of this bill would be to decrease the revenues of the State now received from the appoint- ments of notaries public. The bill is, therefore, disapproved. (Signed) WM. SULZER Veto Messages 231 Providing for the Submission to the People on the First Tuesday After the First Monday in June, 1913, of the Question, " Shall There be a Convention to Re- vise the Constitution and Amend the Same? " ^nd Providing for Such Convention if a Majority of the Electors Shall Decide that Such Convention be Held State of New York — Executive CHambeb Albany, May 14, 1913 Memoeandum filed with Senate bill, Introductory- No. 1322, Printed No. 2770, entitled: "An act to provide for submitting to the people, the question ' Shall there be a convention to revise the Constitution and amend the same? ', and to provide for such convention, if the majority of electors shall decide that such convention be held." Not Appboved The next Constitutional Convention in the State of New York will be charged with the duty of materially changing our organic law. I am in favor of a Consti- tutional Convention at the earliest practicable time to lay the foundation for future constructive progress. The Democi'atic party stands pledged to call this Constitutional Convention before the time provided in Article XIV, Section 2, of the present Constitution. This pledge will be strictly fulfilled if the convention is held in April, 1915. The bill before me provides for a special election on June 3d of this year, for the purpose of submitting the question to the voters — *' Shall there be a con- vention to revise the Constitution and amend the 232 Public Papers of Goveenok Sulzeb same ? ' ' — and if favorable, the delegates to the con- vention are to be elected at the general election next November. There exist several reasons' which in my opinion make it iiiy duty to disapprove this bill. In the first place insufficient time is allowed to pre- p*^?fe for fetich special election. It is doubtful if there is time, for the Secretary of State to notify the proper election officers of the special election, and for the lat- ter to give adequate notice to the voters to enable them to comply with the provisions of the bill. A single day is provided for amending the registers of election which were made up nearly eight months since. Constitutional amendments are required to be pub- lished for three months pj-ior tO; tt^W §ubmi^sion to the people under the Election Law, section 295. This bill allows , of less than, one /sreek's publication of notice to the voters, who have moved, of the necessity of having their names properly placed on the registers, and only one-half week's notice to all voters of the referendum itself. ,,w , In view of the fact that it is extremely doubtful whether the adequate election machinery can be pre- pared, and the statutory notices duly published, prior to June 3d, I deem it would be improper to entail, what I believe to be an unnecessary expense of upwards of one million dollars on the taxpayers to call this special election, to decide the question. The State Constitutional issues should be clearly stated, and fully discussed, by the people before the selection of their delegateis to this Constitutional Con- vention; and for the purpose of such discussion and consideration of these vital matters. I feel convinced that the majority of the taxpayers agree with me that , i ; ,, Veto Messages . 233 the time between now and the election can not be con- sidered sufficient. "5 ■ :'-1 "l-j-."^ :^ ' .' .vi-t' ,-, i In my judgment, it is highly! important that before the selection of their delegates to a new OonstitTitional Convention, the citizens clearly understand' aAd-'com- prehend the, fnndamentg,! changes they desire their representatives to make in the organic law of the State. ' ' '' • I disapprove |;he bill. , (Signed) WM. SULZEE Amending the Charter of the Village of Medina State op New York — ■ Executive Chambee Albany, Ma?/ 14, 1913 Memoeandxjm filed with Assembly bill. Introductory No. 2207, Printed No. 2664, entitled : . 'A " An act tQ,amejid the, ch^-i^tej, of the village of Medina." ; , ..\ , ; . • , Not Appboved ' i ' ' '"■ The effect of signing this bUI would permit a special election in the village of Medina thirty days biefore the time prescribed by the v illage Law. . Tie re is ajbsplutely no suph pressing necessity as would require the enactmeijit o.f such specif,! legislation of this character. I disapprove the bill. (Signed) WM. SULZEE 234 Public Papers of Goveenob Sulzee To Release to the Successors of Interest of Alonzo E. DeBaum Title and Interest to Lease Acquired by Escheat or Otherwise, upon the Death of Ferdinand A. L. Ernest State op New Yoek — Executive Chambee Albany, May 14, 1913 Memorandum on Assembly bill, Introductory No. 2118, Printed No. 2522, entitled : "An act to release to the successors of interest of Alonzo E. DeBaum in Lot 57, Block 81 on the Assessment Map of the 24th ward of the former city of Brooklyn, according to the respective inter- ests and not as tenants in common as such suc- cessors, of all the title and interest of the People of the State of New York, of, in and to said lease acquired by escheat, or otherwise, upon the death of Ferdinand A. L. Ernst." Not Approved The general law now provides for a release by the Commissioners of the Land Office of lands which have escheated to the State. This bill is, therefore, special legislation and, un- necessary. if the general law is not broad enough to cover the subject matter of this bill it should be suitably amended so as to apply to all cases similarly situated. I, therefore, disapprove the bill. (Signed) WM. SULZER Veto Messages 235 To Incorporate the New York State College of Dentistry State of New York — Executive Chambeb Albany, May 14, 1913 Memoeandum filed with Senate bill. Printed No. 1925, entitled: "An act to ameind chapter two hundred and sixty-four pf the laws of eighteen hundred and sixty-five entitled, 'An act to incorporate the New York College of Dentistry,' in relation to the amount of real and personal estate to be held and possessed by said New York College of Den- tistry. ' ' Not Approved The General Corporation Law, section 12, provides if any general or special law heretofore passed, or any certificate of incorporation shall limit the amount of property, a corporation other than a stock corporation may take or hold, such corporation may take and hold property of the value of $10,000,000 or less, or the yearly income derived from which shall be $1,000,000 more or less, notwithstanding such limitations. In view of the provision above, this bill seems un- necessary. I, therefore, disapprove of the bill. (Signed) ^M, SULZER 236 Public Papbbs ofi Govbrnoe iSulzeb Amending the Education Law Relative to Contracts for the Instruction of Pupils State op New York — ExeotjtivB Chamber Albany, May 14, 1913 Memorandum filed with Assembly bill. Introductory No. 240, Printed No. 243, entitled: " An act to amend the Education Law, relative ,. to contracts for the instruction of pupils." Not' ApipBiovED ' ; After careful examination,, the State Department of Educatipn advises that no complaints, have been made of lack of facilities that would require any special legislation of this character. , The State Department of Education, at the present time has full power and authority, if complaint were made to provide adequate facilities for the particular school children concerned in this measure. I deem the bill unnecessary. (Signed) WM. SULZER Amending the Education Law Relative to Publication of Notice of Meetings in Union Free School Districts State or New York — Executive Chamber Albany, May 14, 1913 Memorandum filed with Senate bill, Introductory No. 1681, Printed No. 2050, entitled: Veto Messages 237 ■'An act to amend the Education Law, relative to publication of notice of annual meetings in Union Free School districts." Not Appbovbd , , ., , This bill changes one word, to wit: " for " to " within."' The law now reads that the notice of the annual meeting must be given once each week for the four weeks immediately preceding the date fixed by law for such meeting. ' ; ' " This is changed to read " That the notice of the annual meeting shall be given once each week wiihin the four weeks preceding the date set by law. " ' The (Evident intention was that as the law now reads there should be four publications of the notice and that by changing " for " to " within " it might be necessary to have' only three publications. " The present law concerning the publication of such notice has been in existence for over fifty years, has worked satisfactorily and there exists no necessity for this proposed change. I deem this bill unnecessary. ' - ' '; (Signed) WM. SULZEE Regulating the Use of Street Surface Railroad Tracks upon the Bowery in New York City State of New York — • Executive Chamber Albany, May 14, 1913 Memorandum filed with Assembly bill. Introductory No. 564, Printed No. 2476, entitled : "An act to regulate the use of street surface railroad tracks upon the Bowery in the city of 238 Public Papbbs of; Goyebnok Sulzee New York, Borough of Manhattan, for the greater i safety of the citizens of such city. " > ' Not Appeoved This bill contains an objectionable feature as fol- lows: ,>: ■ :ni:.:', I Any such corporation is hereby autjiorized to issue its stock, bonds, notes or other evidences of indebted- ness, sufficient to cover the complete cost of the changes in its plant and equipment, made necessary by the provisions of this act. Here specific legislative authority is given to the corporation that may be effected by the terms of this bill to issue stock or other securities, sufficient to cover the complete cost of the changes in its plant and equip- ment. : f I deem this provision wholly unnecessary, for the reason that, under the Public Service Law, a railroad corporation such as the corporation affected, is re- quired to secure the approval, of \ the Public Service Commission before the issuance of securities covering all proper capital charges. Permitting such corporation to issue these securities for this particular purpose without scrutiny or ap- proval by the Public Service Commission would give it power and authority to issue such securities in an amount and upon tet"ms determined entirely by itself, which I deem improper and inadvisable. This bill is disapproved. (Signed) WM. SULZEE Veto Messages 239 Amending Charter of the Village of Waterford State of New Yobk — Executive Chambeb Albany,. Mo?/ 14, 1913 Memobandum filed with Senate bill, Introductory No. 1135, Printed No. 2221, entitled: "An act to amend chapter two hundred and forty-three , of the laws of eighteen hundred and fifty-nine,, entitled, 'An act to aniend the charter , a,jid. .sever9.1 acts relating to the village of Water- ford, and to incorporate the same into one act,' generally. ' ' Not Approved This is an act generally' revising the special charter of the village of Waterford, which charter was origin- ally granted in 1794: ■' There . are . remaining in this State, comparatively few villages operating under special charters and these few are continually ' seeking ' Various amendments, at the hands of the Legislature, to their respective special charters, which clearly demonstrates that their chart- ers are not' adequately adapted to carry on their pres- ent administrations. ' -, , , if To prevent such Legislature amending special chart- ers of villages, the Legislature some years since passed a general uniform village law. This village law was carefully drawn and is a broad and elastic statute and, although it has been in operation,, and ^nder it the ad- ministration of the majority of the villages in this State have been conducted for several years, actual experience has demonstrated that the uniform Village Law has required remarkably few amendments. An 240 Public Papers of GovEBOsroK Sulzee easy and simple method is prescribed in the uniform Village Law,' ' by which a tillage operating under a special charter, can take advantage of the provisions of the uniform law. I consider that all the purposes now desired by the village of Waterford, through the special amendments through this special billj modify- ing a special charter, are fully and amply covered and can be secured by this particular village taking the proper proceedings to bring itself withia and under the provisions of the uniform Village Law. I disapprove the bill. (Signed) WM. STJLZEE Amending the Education Law Extending to Rural Com- munities Facilities for High School Education State op New Yoek — ExECUirvE Chambeb Albany, Ma«/ 14, 1913 Mbmoeandum filed with Senate bill, Introductory No. 709,,. Printed No. 21297, entitled : "An act to amend the Education Law, by pro- viding for the extension to rural communities of the facilities for High School education, including agriculture." ■ Not Appeoved, The present Education Law provides for the forma- tion of school districts or for the alteration of them. Initiative in such direction shall be taken, in the first instance, by the local authorities, and if improper, relief by appeal is given from such action to the Com- missioner of Education. Veto Messages 241 No school districts can be formed, under the present law, withdut a vote by the people to lay out such dis- tricts. This bill radically changes the present law and eon- fers upon the Commissioner oif Education authority to go anywhere! in the State and lay out what is known as a consolidated high school district without any vote of the people upon such question. I oonsidier it inadvisable legislation to confer this arbitrary power upon the Statfe Commissioner of Edu- cation, irrespective of the wishes of the local com- munity as evidenced by a vote of the people. I disapprove the bill. (Sighed) WM. SULZER To Abolish Horse Cars within Cities of the First Class State of New Yokk — Executive Chambee Albany, May 14, 1913 Memorandum filed with Assembly bill, Introductory No. 1694, Senate Eeprint No. 2473, entitled : "An act fpr the abolition of oars commonly Iknown as horse cars within cities of the first class." ' Not Appeoved This bill makes it unlawful to operate horse cars in cities of the first class under penalty of a misdemeanor after January 1, 1914. It further authorizes the corporation operating such cars to issue securities to include the complete cost of new oars and other changes in plant and equipment, 242 Public Papers of Goveknok Stjlzeb free of all scrutiny and proper limitations and restric- tions with wMcli^ they might be surrounded by re'gula- tions of the Public Service Commission as now pro- vided in the Public Service Law. Further, the bill itself is not properly printed : The words " subject to the. provisions of thei Public: Serv- ice 'Commissioner Law," in lines 5 aild 6 on page 1 of the bill should be an amendment to; the first part of the following sentence, and then th«.law WQuld h^ve been clear that; the issuance of the securities , would have been controlled by the provisions of .the Public Service Commissions Law. ; ,: As now printed the bill is so worded that thpre; is grave danger that sucji company may issue securities in amounts determinable by itself and in amounts and on terms fixed and determined by itself. The bill is disapproved. ,.-.., (Signed) WM^.SPLZER, To Incorporate the City of Batavia State of New York — - Exbctjtive Chamber Albany, May 14, 1913 Memorandum filed with Assembly bUl, Introductory No. 90S, Printed No. 2744, entitled : "An act to incorporate the city of Batavia." Not Approved , While this bill contains manyi commendable • provi- sions, I am convinced from the arguments made upon the public hearing given by me upoii this bill,' that a considerable number of the. representative citizens of Veto Messages 243 Batavia have serious objection to many of the import- ant provisions of this measure. It is impossible for the Executive to preserve the good features and veto the bad, and I believe that a charter preserving, all the good features of this act which would meet with the general approval of the majority of all citizens of Batavia," can be prepared upon a conference of all the citizens interested, and for the purpose of permit- ting an opportunity for framing a comprehensive, fair, adequate and practicable city charter for Batavia, I believe the local interests will be best promoted by my disapproval of this present proposed charter. I disapprove the bill. ' • = - n . (Signed) WM. SULZER To Amend Tax Law to Refund Taxes on Transfers of (K.ilel j.ijot Stocks " ' '' State of ' NeW York — Executive Chambek Albany, May 14, 1&13 Memoeandum filed with Senate bill," Introductory No. 664, Printed No. 719, entitled : i» "An act to amend/ithe tax law in relation to '^oo refund of taxes on transfers i of stock." Not Approved • , . ■i l-fi> This bill, if approved, would improperly burden the State to the extent of at least over a half a million dollars, t'^. <\\ nn, -no- «•■ ;?, <>,'> Section 280 of the Tax Law has been several times amended: to permit the filing of claims relating to the refund of taxes on transfers of stock, and in my judg- ment the time prescribed in section 280, as amended, 244 Public Papbes op GtOveknob Sulzee should not be extended and further opportunity af- forded for the rehearing of claims. The passage of such a law would furthermore neces- sitate the appropriation of a sum sufficient to meet such claims. I disapprove the bill. (.Signed) WM. SULZER To Amend the Railroad Law in Relation to the Convey- ance of Railroads and Their Franchises State op Npw Yoek;— ^Executive Chambee Albany, May 14, 1913 Memoeandum filed with Assembly bill, Introductory No. 1129, Printed No. Senate 2396, entitled: "An act to amend the railroad law in relation to the conveyance of railroads and their fran- chises. ' ' Not Approved The purpose expressed in this bill of protecting the minority or dissenting stockholders, by requiring that if a road sold to a parent company, that their stock should be appraised as provided by section 17 of the Stock Corporations Law, is worthy of approval. The difficulty with this bill is in the sentence, " The franchises, rights, powers and duties of the grantee company as a railroad corporation of this State shallj after such conveyance be extended so as to include and shall be exercised and observed, in relation to the railroad, or part thereof so acquired." The sentence in this bill preceding the one just Veto Messages 245 quoted vests the francHses and rights of the grantor corporation in the grantee corporation. "We are familiar with mergers and consolidations, but it can not be deemed good policy to allow a num- ber of other corporations having unlimited franchises to acquire the physical property of other corporations, or to be absorbed by other corporations, ' ' with the franchises pertaining thereto, " over which .by the aid of; this act, such unlimited franchises will automati- cally extend. s.[ It is -impossible to tell how many eases this will affect. The policy of the. city of iNew York, as ex- pressed in, its charter, „ is to grant franchises for twenty-five years. Under the terms of the sentence above objected to, a road owning one of the old-time perpetual franchises could absorb any of these tweiity- five-year franchises and automatically extend these perpetual franchises over them. <; <•'• "■ As it is impossible for the Executive to approve the commendable provisions of this bill separate and apart from this bad feature,, it is my duty under the cir- cumstances to disapprove the bill. I disapprove the bill. (Signed) WM. SULZER Sundry City Bills the Purposes of Which Can Be Accom- plished under the Provisions of the Home Rule for Cities StaI'e' of New York - — ExECtiTivE Chamber Albany, May 14, 1913 The following bills have not been approved for the reason that the purposes of the measures can be ac- 246 Public Papers of Gtovbrnor Sulzee complished under the provisions of the Home Eule Law for Cities, which was approved by me, April 10, 1913, and became chapter 247 of the Laws of 1913. These bills are as follows : Assembly bill. Introductory No. 1344, Printed No. 1459, entitled : "An act to amend chapter three hundred of the laws of nineteen hundred and four, entitled 'An act to revise and consolidate the several acts relative to the city of Niagara Falls,' as amended by providing for greater duties and powers of the board of grade crossing commissioners of said city." Senat^ bill. Introductory No. 888, Printed No. 1737, entitled : "An act to amend chapter three hundred of the laws of nineteen hundred and four, entitled 'An act to revise and consolidate the several acts relative to the city of Ni^ara Falls, ' ' relative to the lighting of streets and the providing of im- proved systems of street lighting. ' ' Assembly bill. Introductory No. 478, Printed No. 770 (Senate Reprint 2037), entitled: "An act to supplement the provisions of law re- lating to the Department of Public "Works pf the city of Syracuse. " Assembly bill. Introductory No. 558, Printed No. 572 (Senate Reprint No. 2271), entitled: "An act to provide a recreation pier and casino on Buffalo park property for the people of the city of Buffalo." Veto Messages 247 . Senate bill, Introductory No. 1682, Printed No. 2130, entitled: "An act to authorize the city of Ogdensburg to borrow the sum of fifty-six thousand dollars Tor local improvements and to issue its bonds there- for, and to provide for the payment of the in- terest and principal of said bonds. ' ' Senate bill. Introductory No. 295, Printed No. 302, entitled : "An act to amend chapter seven hundred and sixty of the laws of eighteen hundred and ninety- seven, as amended, entitled 'An act to revise the charter of the city of Watertown.' " Senate bill, Introductory No. 1614, Printed No. 2025, entitled : "An act tp further 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, ' as amended by chapter three hundred and eighty-four of the laws of nine- teen hundred and nine, in regard to the remedy for purchasers of land within the city at city and county tax sales." Assembly bill, Introductory No. 1803, Printed No. 2068, entitled : "An act to provide for the valuation of all real estate in the city of New Eochelle on one common general principle. ' ' Assembly bill, Introductory No. 1941, Printed No. 2244, entitled: "An act to amend chapter two hundred and eighty of the laws of nineteen hundred and twelve, entitled 'An act to authorize the city of Buffalo 248 Public Papers oy Goveenok Sulzee to issue its, bonds for the purpose of raising money to construct, extend and regulate its sj&tesm of waterworks, and to reimburse the newconstruc- tiop, account, bureau of water,. for disbursements ipade, for district mains, valves, hydrants, meters and tools, since the thirtieth day of June, nine- teen hundred and seven,' providing for bond issues for such purposes from year to year, and relating to the rate of interest and place of pay- ment." Assembly bill. Introductory No. ISOS, Printed No. 1413, entitled: "An act transferring Hopkins stree:t in the city of Buffalo from the jurisdiction and control of -the common: council to the jurisdiction and con- trol of the park commissioners of said city. ' ' Assembly bill. Introductory No. 1001, Planted No. 1942, .entitled: - : "An act to amend chapter five hundred and ninety- three .of the law's of nineteen hundred and five, entitled 'An apt tb revise the charter of the city of Johnstown,' in relation to the police de- partment and city officers." (Signed) WM. SULZER Amending the Insurance Law to Secure Compensation to Workmen Injured While Enif>Ioyed and Repealing Certain Sections of Labor Law State of New York — ExEctri'rvB Chamber Albany, May 15, 1913 .Mbmobandtjm filed with . Senati? bill, Introductory ^p, 1064, Printe(^tNo. 2430, entitled: • , Veto Messages 249 '^An act to amend the Insurance Law, in rela- tion to securing compensation to workmen injured in the course of their employment and repealing certain sections of the 'Labor Law relating thereto." Not Approved The common law rule that the individual employer was responsible for injuries only where he was per- sonally at fault has. been generally discarded by en- lightened States as unsuitable to miodern industrial condition^. .. . .,, ,, ,,, ■,_, . ,;. In European countries, and in many ;of our States, workmen's compensation laws have been passed for the purpose of relieving injured workmen, and their families, from the inevitable distress following upon accident with its lattendant stoppage qf wage income. iThese laws usually cover all accidents including those for which employers cannot legally be heldiliable, and they, further seek to eliminate, or reduce, to the lowest possible minimum the cost and- waste of litiga- tion prevalent under the present system. 'The Empire State has been slow in promoting these admittedly necessary protective measures of . assist- ance to our industrial workers.. This needed reform in our state industrial system is in the interest of both the employer and the workmen and is not a politi- cal question but wholly an economic proposition. Eecognizing the justice and merits of the question, the Democratic party, at its last State convention, held in Syracuse, in October, 1912, pledged itself, by pro- viding in its platform : ' ' Time has clearly shown that the practice un- der the old concept of employers ' liability for in- jury to employees is insufficient and ineffective 250 Public Papeks of Govebkoe Sulzeb to do justice to injured workers, and their de- pendents. We, therefore, pledge the Democratic party of the State of New York to the enactment of a comprehensive and just workman's compensa- tion law, by which the industry under State super- vision shall bear the financial burden of the in- dustrial risks to the life and limb of the workers. To promote such legislation the Legislature of nineteen hundred and t^pelve, has already passed a proposed amendment to the State Constitution, and we pledge ourselves to pass agdin this pro- posed amendment in the next session of the Legislature. ' ' In my first message to the Legislature I said con- cerning Workman's Compensation Laws: " Many of our States have enacted workmen's compensation or insurance laws. The production of our wealth in a large measure is a tribute to the ability and the efficiency of the workers. It is only just then that thoSe who do the work should receive an equitable share of that which they have helped to produce. No compensation is fair which does not secure to each worker at least enough to permit him, or her, decent standards of life. The workers themselves have not always been able to secure such compensation for themselves. Par- ticularly has this been true of women and children in whom the State should take an especial in- terest. To secure for these less accustomed to the competitive struggle, protection that other workers have won for themselves through organi- zation, we should carefully consider the establish- ment of wage boards with authority to fix a living wage for conditions of work below which stand- . Veto Messages 251 ards no industry should be allowed to continue its operations. Massachusetts has enacted such a law. Ohio recently adopted a constitutional amendment authorizing the State Legislature to do the same." From the outset the bill now before me met with serious opposition from those who are most vitally interested in securing the benefits designed to accrue from Icfgislation of this character. This measure I am adyised, is opposed by the State Federation of Labor, and the American Association of Labor Legis- lation, and other true friends of these necessary rem- edial reforms. I have given much thought to the subject. I know what the party platform pledged and the manner of performance expected of that party pledge. To my mind, a workmen's compensation law which fails to inspire the confidence of the industrial toilers for whom.it.i^ enacted and which meets with their vigorous and emphatic protest, cannot be said to be an adequate performance of such pledge. I feel convinced that the objections urged against this bill are serious and substantial, and among them may he mentioned, that the bill does not eliminate, or reduce, to the lowest possible minimum the waste of litigation which is the crying evil under the present system. I am aware of the present constitutional limitation in this. State,. necessitating an optibnal acceptance of the provisions of any workmen's compensation act, but I believe that it is feasible and practicable, as demonstrated by the experience of other States to pro- "^de in a proper and comprehensive workmen's com- pensation law, among others, a plan for a State insur- ance fund, contributed to by those affected and man- 252 Public Papbks op Govebnoe Sxjlzee aged and regulated by the State - through which em- ployers, so minded, might insure their workmen against accidents. Such a plan will provide automatic compensation, and do away with the unnecessary waste of litigation now so prevalent. .,, The party platform pledges nothing less than the enactment of a comprehensive, equitable and practica- ble workmen's compensation law. That promise should be faithfully and strictly performed. I believe that a measure other than the one now before me, can be prepared, and enacted next year, which wUl retain the good features of this measure^' ' and obviate all objections, and to the end that such an equitlable law may be enacted, I deem it my duty, in the interest of all concerned, to disapprove this bill. (Signed) WM. SULZBR Special City Bills Not Accepted by the Mayors of the Cities to Which They Relate ■ State 0¥ New York, — ExECTJirvE Chamber Albany, May 15, 1913 , , .Mem,okan.dxjm filed with bills specified below : Not Appeoveb. The following bills have not been approved, for the reason that they are special city biUs and were not apcepted by all the cities in question, in accordance, with the Constitution: Senate bill No. 1291, entitled ™~' ' ' An act authorizing the supreme court of the first department to entertain proceedings to re- Veto Messages 253 view the , determination of the board ^pf educa- tion pf the city of New York, relative to the re- moval of Augusta Frank as a teacher in the public schools of the city of New York." Senate bill No. 2296, entitled "An act to. amend the Greater New York charter, in relation to the police department." Senate bill No. 22W, entitled "An act to amend chapter seven hundred and fifty-one of the laws of nineteen hundred and seven, entitled 'An act to revise the charter of the city of Binghamton, ' in relation to commissioners of education." Assembly bill No. 1812, Senate reprint No. 2035, entitled "An act to amend the Greater New York charter, in relation to eligibility of persons for employment in and about the jails of Queens county." Assembly bill No. 2170, entitled "An act to amend the civil service law, in re- lation to the classified service in certain cities." Assembly bill No. 1002, entitled "An act to amend the Grestter New York charter, in relation to an additional municipal court justice for the borough of Brooklyn." Assembly bill No. 1587, entitled "An act to amend the Greater New York charter, in relation to creating a new district for the municipal court for the borough of Brooklyn, 254 Public Papers of Gtoverkoe Sulzeb ehahging the boundary lines of existing districts and providing for the election of one additional justice therefrom. " Assembly bill N^o. 2504, entitlecJ "An act to amend the Greater New York charter, in relation to the fixing of salaries of em- ployees of the board of i education. " Assembly bill No. 2560, entitled , ; ; j i >. "An act to provide for promoting .the health and efficiency of ;firemen in; thf? city of, Yonkers. ' ' Senate bill No. 2019, entitled ' "An act to amend the Greater New York charter, in relation to the uniformed force of the fire department." : - .:■-.. . . li; ; Senate bill No. 2397, entitled ''"'' '' "An act to amend the Greater New York charter, in relation to qualifications of persons engaged by the president of a borough, to aid him in the discharge of certain duties." Senate bill No. 2143, entitled' " ' "'' ' ' ' "Aji act to authorize and direct the boai^d of assessors of the' city of New York to remit and allow the damages sustained by owners of real property, fronting upon First avenue between One Hundred a,nd T>srenty7fifth .street and the Harlem river and upon Willis avenue between .Southern boulevard and One Hundred and Thirty-fourth street, and by reason of the coiistruction and maintenance of the: steel viaduct and approaches to the Willis avenue bridge: over the Harlem river in the city of New York. " ! Veto '.MonssAGEs 255 Senate: bill; No. 1, entitled "An act to amend the Greater New York charter, relating to the- telegraph service of a fire . department. ' ' Senate bill No. 2492, entitled ' "An act to amend the Greater New York charter, in relation to the powers of local authori- ties- of the city of New York in regard to the police department." Senate bill No. 2579, entitled "An act to amend the inferior criminal courts act of the city of New York, in relation to the re- moval of probation officers." Assembly bill No. '932, entitled ■- < "An act to amend the Greater New York charter, in relation to the board of aldermen." Assembly bill No. 910, entitled "An act to amend the Greater New York charter, in relation to the telegraph service of the fire department." Assembly billNo. 623, entitled ,; .- "An act to amend the Greater New York charter, in relation to assistant fire marshals." Assembly biir No. 116, entitled "An act to amend the Greater New York charter, in relation tq the transfer of water meters arid repairs thereto in the city of New York. ' ' i, Assembly bill No. 2720, entitled "An act to amend the Greater New York charter, in relation to the accounts and rank of 256 Public Papers of Goveenoe Sxtlzbe officials who may share in the relief fund of the rfire department of the city of New. York." Assembly bill No. 2461, entitled "An act to amend chapter seven hundred and one of the laws of nineteen hundred and four, entitled 'An act relating to appointment of em- ployees of the fire department of the city of New York i to the uniformed force of the , city depart- ment,' in relation to additional appointments to such uniformed force. ' ' (Signed) WM. SULZEE Amending the Civil Code in Relation to Costs in Justices Court State OP New York — Executive Chambeb Albany, May 15, 1913 Memorandum filed with Assembly bill, Introductory No. 1211, Printed No. isioj entitled "An act to amend the code of civU procedure, in relation to costs in' justices court." Not Appboved This bill amends the Qode of Civil/Procedure by in- serting therein a new section which relates to costs in Justice's Courts. This bill is objectionable for the reason that it in- creases the price of litigation in Justices Court, which is and should be the poor man's court, for a quick and speedy determination, without heavy expense of mat- ters over which the court has jurisdiction ; and instead Veto Messages 257 of increasing tlie expenses in this court the greatest effort should be made to keep expenses at as low a minimum as possible. The jpolioy of the bill I believe to be; agaijist the tendency of the times and I therefore disapprove it. (Signed) WM. SULZER Authorizing tlie Adjutant^Qeneral to Pay and Settle Claim, of Frederic S. Greene, , a Former Member of the National Guard, Injured in Service State of New York — Executive Chambee Albany, May 15, 1913 Memokan&tjm filed with Senate bill, Introductory No. 1628, Printed No. 2053, entitled, * ' An act authorizing the adjutant general of the state of New York to pay and settle the claim ■against the state • of New York by Frederic S. Greene, formerly a captain in the Twenty-third regiment infantry, national guard, New York, on account of injuries received in military service of the state of New York. ' ' Not Approved I am informed that the Military Law, as it existed at the time when the injury received by Captain Fred- eric S. Greene occurred, provided that a claim should be filed within ninety days. It is claimed that Greene was unable, owing to his disabled condition to present a claim within such time and therefore, the claim is barred by limitation. If the purpose of this bill is good the statute should 9 258 Public Papees of Gove&noe Sulzeb be suitably amended so that it should apply to all per- sons who might be similarly situated at the prestent time, or to meet future cases and not by the passage of a special bill such as the one under consideration. I disapprove the bill. (Signed) WM. SULZEE To Make Office of County Clerk of Cayuga County a Salaried Office and in Relation to Money Allowed for Expenses in Connection with Recording Taxes on Mortgages State op New Yoek — Executive Chambek Albany, May 15, 1913 Memoeandum filed with Assembly bill, Introductory No. 1730, Printed No. 195(7 (Senate reprint 2233), en- titled " An act to amend chapter ninety-three of the laws of nineteen hundred and six entitled ' An act to make the office of the county clerk of Cayuga county a salaried office and regulating the manage- ment of such office, ' in relation to moneys allowed for expenses in connection with recording taxes on mortgages." Not Appeoved The County Law, section 12, subdivision 5, now con- fers authority upon the board of supervisors to fix the salary of every county official, or employee,, ex- cept judicial officers and also to fix the number and compensation of all clerks in county offices. The provisio-n of this bill which permits the county Veto Messages 259 clerk to receive a reasonable sum to be approved by the State Board of Tax Commissioners for services performed by him in connection with the collection of the recording tax on mortgages in addition to his sal- ary, is, in my judgment, in conflict with the provision of the general law above mentioned and inconsistent therewith. I, therefore, disapprove the bill. (Signed) WM. SULZER To Amend the Agricultural Law Compensating Owners for Animals Destroyed State of New York — Executive Chambek Albany, May 15, 1913 Memora-Ndum filed with Senate bill, Introductory No. 403, Printed No. 1672, entitled " An act to amend the agricultural law, in re- lation to compensation to owners of animals destroyed." Not Appboved The amendipaent made by this bill to the existing law provides that the owners of animals which have been condemned and slaughtered shall be entitled to interest on the amount due from and after thirty days frpna the date of such slaughter. This proposed amendment is objectionable for the reason that it necessarily increases the State expend- itures. At the present time the State is making large payments each year for animals which are diseased and have been condemned. 260 Public Papeks op Goveknok Sulzeb Itr was suggested by the Committee of Inquiry that the amount now paid by the State for animals con- demned and slaughtered by reason of their being af- fected with disease should be reduced very materially upon the ground that by reason of a diseased condi- tion the State was paying a price away beyond the value of the animal which, as they state had no value on account of the disease. The Commissioner of Agriculture also recommended that the amount now paid by the State for condemned, diseased animals should be reduced and if these recom- mendations are to be followed, this bill is in conflict with such views, for instead of accomplishing a re- duction it adds to the very heavy expenditure which is now being made by the State yearly. I, therefore, disapprove the bill. (Signed) WM. SULZER Amending the Qounty Law to Reimburse Persons Suf= fering Loss from Deposit of Funds Incurred Pur- suant to Court Orders State of New Yokk — Executive Chamber Albany, May 15, 1913 Memoeandum filed with Senate bill. Introductory No. 1751, Printed No. 2282, entitled "An act to amend the county law, in relation to reimbursement of persons suffering loss from deposit of funds incurred pursuant to court orders." Not Appeoved. Veto Messages 261 This bill provides that where losses shall have occurred on deficiencies prior to April 28, 1908, from investments made by county treasurers of any county, or by the chamberlain of the city of New York, of moneys deposited in court pursuant to orders, judg- ments or decrees of courts of record, the city of New York or the county,, as the case may be, must reim- burse the person or persons whose moneys so de- posited were depleted upon service of the court order obtained according to the procedure provided in the bill, the amount of the reimbursing to be specified in the order. The bill is objectionable for the reason tha>t it is special legislation. If the counties should be made liable for the reimbursement of these funds, there should be no limitation as to the time when such de- pletion occurred or from which the reckoning is to be made but it should be general and applicable to every case. I disapprove the biU. (Signed) WM. SULZER Amending the Penal Law in Relation to Destruction of Giandered, Injured or Diseased Animals State of New York — Executive Chambee Albany, May 15, 1913 Memorandum filed with the Assembly bill. Introduc- tory No. 078, Printed No. 1799, entitled "An act to amiend the penal law, in relation to destruction of giandered; injured or diseased animals. " Not Approved. 262 Public Papbes of Govebnob Stjlzee This bill amends the existing law in such a way as to give the American Society for the Prevention of Cruelty to Animals, the power to destroy animals in- jured or diseased past recovery. Under the law as it now stands the officers of the society have this power only in cases where the animal has been abandoned or not properly cared for. The power to destroy glandered animals now rests with the Department of Agriciilture, which maintains a competent staff of veterinarians and inspectors ; and the Agricultural Law also provides for proper com- pensation to the owners of such animals. I am of the opinion that it is inadvisable to have authorities working along the same lines to accomplish this purpose. It would lead to a division of respon- sibility and conflicts which should be avoided. I,^ therefore, disapprove the bill. (Signed) WM. SULZER Amending the Executive Law in Relation to Counsel, Examiners, Auditors and Assistants in the Office o'f the State Comptroller State of New Yobk — Executfte Chambee Ajlbany, May 15, 1913 Memoeandum filed with Senate bill, Introductory No. 784, Printed No. 860, entitled ' ' An act to amend the executive law, in rela- tion to counsel, examiners, auditors and assistants in the office of- the comptroller. ' ' Not Appeoved Veto Messages 263 I am convinced, after careful (X)n&ideration of the facts brought to my knowledge, that this bill is un- necessary. The State Comptroller is vested, at the present time, with full power and authority to secure sufficient as- sistants for carrying out all proper duties he is re- quired to perform, according to law, and the indefinite number of additional appointments which this bill would permit, does not meet with my approval. I disapprove the bill. (Signed) WM. SULZER Authorizing the Adjutant^General to Hear and Deter- mine Application of Margaret Mollen, Mother of Charles Mollen, a National Guardsman, and to Place Her upon the Roll of Invalid Pensioners State op New Yoek — Executive Chambeb Albany, May 15, 1913 Memorandum filed with Senate bill, Introductory No. 1548, Printed No. 1912, entitled " An act to authorize the adjutant-general of the state to hear and determine the application of Margaret Mollen, the mother of Charles Mollen, a national guardsman, who died from injuries received while on duty as such, to be placed upon the roll of invalid {)ensioners of this state and to place her upon such roll." Not Appeoved However commendable the purposes of this bill may be, I am of the opinion that the General Law should 264 Public Papees of Gtovebnob Stjlzeb be amended so as to cover the case of every person who may be similarly situated,, and that special acts, such as the one now under consideration should not be necessary to meet individual cases. I, therefore, disapprove the bill. (Signed) WM. SULZER Amending the Railroad Law Establishing Stations and the Stopping of Trains Thereat State of New Yokk — Executive Chambee Albany, May 15, 1913 MEMOEANiitrM filed with Assembly bill, Introductory No. 71, Printed No. 2495, entitled ' ' An act to amentj the railroad law, in relation to the establishment of stations and the stopping of trains thereat. ' ' Not Appeoved This bill inserts in the Railroad Law, a new section the purpose of which is to require the establishment of railroad stations on steam railroads in the borough of the Bronx, city of New York, and the stopping at such stations of all trains which pass through such borough on said railroads. The bill is absolutely unnecessary for the reason that the Public Service Commission Law confers power upon the Public Service Commission, after an examination and investigation, .to regulate the matter of stations and the stopping of trains thereat. I disapprove the bill. (Signed) "WM. SULZER Veto Messages 266 Creating the Office of Commissioners of Jurors in Certain Counties State of New York — Executive CfnAMBER Albany, May 16, 1913 Memorandum filed with Assembly bill. Introductory No. 254, Printed No. 2668, entitled , " An act creating the office of commissioners of jurors for certain counties in the state of New York having a population of more than one hun- dred and fifty thousand and less than six hundred thousand. ' ' Not Approved Most of the counties affected by this bill were repre- sented at the public hearing I gave o'n the measure and urged serious objections to its enactment. After careful consideration, I am of the opinion, that I should withhold my approval of this bilL .1 feel convinced, however, th.^t conditions exist ii;i certain counties of this State which require a change in the method of selection of grand and petit jurors, and were this bill of such form that it would affeiot only such counties, or all counties generally,, and eradi- cate conditions which should not be permitted to longer continue, I would be glaii to approve it. This bill is disapproved. (Signed) WM. SULZEE 266 Public Papers or Govebnoe Sulzee Providing for the Election of a Deputy Receiver of Taxes and Assessments in the Town of Rye and Village of Portchester State of New Yoek — Executive Chambeb Albany, May 16, 1913 Memokandum filed with Senate bill, Introductory No. 15177, Printed No. 1974, entitled ' ' An act to amend chapter eighty of the laws of eighteen hundred and seventy-one, entitled 'An act for the election of a receiver of taxes and as- sessments for the town of Rye and village of Port- chester,' generally." Not Appboved '- This bill is objected to for two reasons : 1st. That it permits the receiver of taxes to appoint a deputy who shall exercise all the powers of a receiver of taxes and fixes the salary of such deputy receiver at one thousand dollars per annum. The receiver of taxes receives a salary of two thousand dollars per annum for performing his duties under the existing statute. 2nd. tinder the existing law, the receiver of taxes is to receive necessary expenses not exceeding, however, the sum of one hundred and fifty dollars. This bill strikes out the limitation and allows expenses without regard to the amount. The whole effect of the bill is to increase local ex- penditures and thus increase the burdens of local taxa- tion. There seems to be no justification for the in- creases sought by the bill. I, therefore, disapprove the bill. (Signed) WM. SULZEE Veto Messages 267 Amending Conservation Law in Relation to Clerical Force in Bureau of Marine Fisheries and Pertaining to the Use of Nets in Far Rockaway Bay, Jones' Inlet or Adjacent Waters State of New York — Executive Chambeb Albany, May 16, IQ'IS The following bills,, amending the Conservation Law, are disapproved for the reasons herein stated: Senate Introductory No. 1663, Printed No. 21307, entitled ' ' An act to amend the conservation law, in re- lation to office and clerical force." This bill relates to the clerical force of the Bureau of Marine Fisheries, and is covered by. the general amendment of the Conservation Law, which was ap- proved by me and became chapter 608 of the Laws of 1913. Assembly Introductory No. 115, Printed No. 115, entitled " An act to repeal section 332 of the conserva- tion law, iji relation to nets in Far Rockaway bay, Jones ' inlet or adjacent waters. ' ' The purpose of this bill has been satisfactorily ad- justed and covered in the General Law amending the Conservation Law, recently approved by me and now chapter '508 of the Laws of 1913. Further,, this bill is special legislation and it abso- lutely removes' from the Conservation Department all jurisdiction over these waters. 268 Public Papees or Goveenoe Sulzee Assembly Introductory No. 1637, Printed No. 1834, entitled " An act to amend the conservation law, in relation to license fees for eel pots and nets." Full power and authority is now lodged by statute in the Conservation Commission to promulgate rules and regulations covering the subject matter attempted to be regulated by this special bill. Legislation of this special character, under the circumstances, should not meet with executive approval. Assembly Introductory No. 14217, Printed No. 1569, entitled " An act to amend the conservation law, in re- lation to taking minnows for bait. ' ' This present measure has met with serious objection from the Conservation Commission. It conflicts with the present statute and I feel that it is my duty to dis- approve the bill. The foregoing bills are disapproved. (Signed) WM. SULZEE Amending the Election Law Generally State of New Yoek — Executive Chambee Albany, May 16, 1913 Memoeandum filed with Senate bill Introductory No. 1845, Printed No. 2500, entitled ' ' An act to amend the election law generally. ' ' Not Appeovbr Veto Messages 269 This bill is disapproved for the reasons already stated by me in my veto of Senate bill, Printed No. 2110, relating to the same subject matter. "■ (Signed) WM. SULZER Amending Charter of the Village of Deposit State of New York — Executive Chambeh Albany, May 16, 1913 Memorandum filed with Senate bill. Introductory No. 790', Printed No. 2222, entitled - : • . ' ' An act to amend the charter of the village of Deposit, situated partly in the town 'of Sanf ord, Broome county, and partly in the town of Deposit (formerly Tompkins), Delaware county, and to re- vise and compile the several acts relative to said village. ' ' Not Approved The G-eneral Law now provides for the incorpora- tion of a village and it also ha,s a proyision perraitting villages which were incorporated under and by virtue of a special charter si^ch as the village in this cas.e, to adopt a proposition at an election and come under the General Village Law. I^he General Village tjaw contains a complete and ample scheme for village governments and, in my judg- ment, it is better for villages which have special chart- ers and wish to get broader powers than their charters now confer, that they should take advantage of, this general law and, re-incorporate under it. The bill is therefore disapproved. (Signed) WM. SULZER 270 Public Papees op Govebnob Sulzeb Amending Village Law to Create and Establish Office of Fire Marshal State of New Yoek — Executive Chambeb Albany, May 16, 1913 Mbmobandum filed with Senate bill, Introductory No. 1777, Printed No. 2i3Si8, entitled " An act to amend the village law, in relation to general powers of the board of trustees." Not Appeoved This bill amends section 89 of the General Village Law, by adding thereto a subdivision permitting the board of trustees to create and establish the office of fire marshal, whose duties and powers shall be the same as the fire marshal in cities of the second class. So far as this bill permits the establishment of the office of fire marshal is concerned, it is proper. But when it refers to any other law, to determine what his powers and duties shall be, it, in my judgment is objectionable, if not of doubtful constitutionality, under article III, section 17 of the Constitution. But, even assuming that the act is valid, the policy of such legislation is not sound. Either the law itself should be complete as to the powers and duties of the fire marshal or they should be prescribed by ordinance enacted by the board of trustees and -it should not be necessary to refer to some other law governing other municipalities to determine the same. The bill is disapproved. (Signed) WM. SULZEE Veto Messages 271 Amending Public Buildings Law in Relation to Care, Custody and Control of the State Education Building State of New Yokk — Executive Chamber ;Albany, Ma^ 17, 1913 Memokandum filed with Assembly bill, Introductory No. 1467, Printed No. 1023, entitled " An act to amend the public buildings law in relation to the jurisdiction of the trustees of pub- lic buildings." Not Approved This bill is against the best interests of the State. I believe that the care,, custody and control of the State Education Building belongs properly to the State Education Department, rather than with the trustees of public buildings. Its approval would be a step backward, and I cannot consistently approve it. (Signed) WM. SULZER Amending Tax Law in Relation to Exemptions State of New York — ExECUTrvB Chamber Albany, May YJ, 1913 Memorandum filed with Senate bill, Introductory No. 1566, Printed No. '2148, entitled "An act to amend the tax law, in relation to exemptions." Not Approved '- 27:2 Public Papeks of Goveestok Sulzeb / / At the public hearing, on this measure, it became apparent that because of an amendment to the charter of 'the association interested in the measure, the ex- emption desired could be granted under existing law. This, bill is theref ore. npt necessary and hence dis- approved. (Signed) WM. SULZER Amending Insurance Law Relative to the Organization of Assessment Associations State op New Yoek — Executive Chamber Albany, May 17, 1913 Memorandum filed with Senate bill, Introductory No. 865, Printed No. 1755, entitled "An act to amend the insurance la: w, in relation to certificates of authority to be issued by the superintendent of insurance." Not Approved An amendment of similar nature to the Insurance Law has been introduced and passed by previous Leg- islatures but has always failed to receive Executive approval, One of the salient features of the reform legislation of 190'6, following the expressed recommendation of the A^rmstrpng Committee, was an amendment to article VI of our Insurance Law, relating to assessment as-, sociations which provided that after June 1, 1906, no further assessment association could be organized un- der the provisions of the New York Itisurance Law, and no associations of that character organized in Veto MiassAGEs 273 other States and not admitted prior to the Legislature of 1906, could be authorized to transact business in this State. - ^'-i "' >- . •■• / .. This amendment to the Insurance Law since this enactment has been deemed by the Insurance Depart- ment of the State a wise one for the protection of the insuring public. I deem it improper to depart from this established policy of the State. I, therefore, disapprove the bill. (Signed) WM- SULZER Amending the Insurance Law in Relation to Agents of Life Insurance Corporations State of New Yobk — Executive Chambek ; Albany, Ma^ 17, 1913 Memokandtim filed with Senate bill, Introductory No. 1313, Printed No. 1549, entitled "An act to amend the insurance law, in rela- tion to agents of life insurance corporations." Not Appeoved I am not; convinced as to the desirability of this pro- posed law, and further believe that it is unnecessary liegisiation. ■ • ''•' ; Its enactment "will tend to decrease the sense of personal responsibility which should be constantly felt by all life insurance agents and perhaps make it diffi- cult in many cases to fix responsibility where ignor- ance, or fraud, has occurred in placing life insurance. I disapprove the bill. (Signed) WM. SULZER 274 Public Papbbs of Goveknob Sulzee Sundry City Bills Not Accepted by the Cities to Which They Relate State of New Yoek — Executive Chambeb Albany, May 17, 1913 Memorandum filed with bills specified below: Not Appeovbd The following bills have not been approved, for the reason that they are special city bills and were not accepted by all the cities in question in accordance with the Constitution: Senate bill. Introductory No. 452, Printed No. 2345, entitled "An act to amend the inferior criminal courts act of the city of New York, in relation to the clerks and deputy clerks of the court of special sessions." Assembly bill. Introductory No. 1779, Printed No. 2020, entitled " An act to provide for a rehearing of the charges by which Saul J. Rosenthal was dismissed from the fire department of the city of New York. ' ' Assembly bUl, Introductory No. 729, Printed No. 2055 (Senate Reprint No. 2303), entitled "An act to amend the Greater New York charter, in relation to regulating and licensing public dance halls and ball rooms." Assembly bill, Introductory No. 470, Printed No. 475, entitled Veto Messages 275 "An act to amend the Greater New York charter, in relation to the uniformed force of the fire department." Assembly bill, Introductory No. 715, Printed No. 743, entitled "An act to authorize appeals in certain proceed- ings brought by the city of New York for acquir- ing property in the borough of Manhattan, city of New York, for bridge purposes." Assembly bill, Introductory No. 1760, Printed No. 2759, entitled "An act to amend the Greater New York charter, in relation to making members of the po- lice of the board of water supply members of the police force of the city of New York." Assembly bill, Introductory No. 1024, Printed No. 1079, entitled "An act to amend the Greater New York charter, in relation to leaves of absence, without pay, of employees chosen to fill an elective ofiice. ' ' Senate bill. Introductory No. 1267, Printed No. 2808, entitled "An act to amend the Greater New York charter, in relation to the powers of the board of education of the city of New York, with respect to custodians and custodian engineers." Senate bill. Introductory No. 1783, Printed No. 2356, entitled "An act to amend the Greater New York charter, in relation to assessment for local im- provements." (Signed) WM. SULZER 276 Public Papehs of Govebnor Sitlzee Amending Prison Law in Relation to the Retirement and Pensioning of Employees of State Prisons State of New Yoek — Executive CHAiviBER Albany, May 17, 1913 Memokandum filed with Senate bill. Introductory No. 402, Printed No. 1874, entitled ' ' An act to amend the prison law, in relation to the retirement of einployees in state prisons and pension of such employees." Not Appboved I have already vetoed bills similar in principle to the measure now before me, for the reason that it commits the State to the policy of providing a pension for its civil employees out of State moneys. This particular measure specifically requires an ap- propriation by the Legislature, for any insufficiency in the pension fund, . and, in addition, places duties upon the State Comptroller concerning' the subject matter inconsistent with the present policy of the State. The laws of the State are now ample to permit these employees to form an association among themselves to carry out the purposes of this act, by making mutual contributions to a pension fund. I disapprove the bill. (Signed) WM. SULZEE Veto Messages 277 To Legalize and Confirm Tax Election Held in Niagara Falls in April, 1913, for the Issuance of Bonds to Provide for Purchase of Site for City Hall Building State of New York — Executive Chamber Albany, May 17, 1913 Memorandum filed with Senate bill, Introductory No. 1762, Printed No. 2316, entitled "An act to legalize and confirm a certain tax election held in the city of Niagara Falls, New York, on the seventeenth day of April, one thou- sand nine hundred and thirteen, for the purchase of a site for a city hall building and the issuance of the bonds of said city therefor." Not Approved This bill is unnecessary for the reason that the General Municipal Law now contains ample provisions for legalizing bonds or proceedings leading up to their issuance. If such general law is in any way defective, or not broad enough to accomplish the result sought by this bill, it should be suitably amended and thus render the necessity of special legislation unnecessary. I, therefore, disapprove the bill. (Signed) WM. SULZER 278 Public Papers of Govebnob Sulzeb Sundry Bills the Purposes of Which Can Be Accom- plished under the Provisions of the Home Rule Law for Cities State of New Yobk — Exbcxjtivb Ohambeb Albany, May 17, 1913 The following bills have not been approved, for the reason that the purposes of the measures can be ac- complished under the provisions of the Home Rule Law for Cities, which was approved by me April 10, 1913, and became chapter 247 of the Laws of 1913. These bills are as follows : Senate bill, Introductory No. 399, Printed No. 2161, entitled "An act to amend chapter three hundred and sixty of the laws of nineteen hundred and eleven, entitled 'An act to promote the health and effici- ency of patrolmen in the cities of the first and second class,' generally." Senate bill. Introductory No. 1449, Printed No. 1777, (entitled "An act to amend chapter two hundred and eighty of the laws of nineteen hundred and twelve, entitled 'An act fo authorize the city of Buffalo to issue its bonds for the purpose of raising money to construct, extend and regulate its system of water works, and to reimburse the new construc- tion account, bureau of water, for disbursements made for district mains, valves, hydrants, meters and tools, since the thirtieth day of June, nineteen hundred and seven,' providing for bond issues Veto Messages 279 for such purposes from year to year, and relating to the rate of interest and place of payment. ' ' Senate bill, Introductory No. 1636, Printed No. 2060, entitled , "An act to amend chapter four hundred and , thirty-one of the laws of nineteen hundred and twelve, . entitled 'An act to authorize the city of Lockport to borrow money by the issue of bonds to reconstruct, enlarge, rebuild, repair, improve and refurnish the union school building, includ- ing a sanitary heating, ventilating and closet sys- tem therein,' by increasing to one hundred thou- sand dollars the amount of money so authorized to be borrowed'for such purposes." Senate bill. Introductory No. 1740, Printed No. 2257, entitled "An act to amend chapter three hundred and fifty-six of the laws of nineteen hundred' and seven, entitled 'An act to , provide for the con- struction of intercepting sewers in and for the city of Syracuse, ' as amended by chapter one hun- dred and seven of the laws of nineteen hundred and nine and chapter twenty-two of the laws of nineteen hundred and eleven, relative to the con- struction of a storm water sewer system in the first and second wards of said city. ' ' Senate bill. Introductory No. 1353, Printed No. 1598, entitled ; "An act to amend the second class cities law, relative to salaries." Assembly bill. Introductory No. 861, Printed No. 904, entitled "An act to permit the city of Mount Vernon to provide for the special lighting of the business 280 Public Papebs of Goveenok Sxilzeb district of said city, and to assess the cost thereof upon the abutting property." Assembly bill, Introductory No. 1772, Printed No. 2013, entitled "An act to create and establish a policemen's relief and pension fund for the police department of the city of Amsterdam and authorizing the granting and payment of relief and pensions to the officers and members of said department en- titled thereto." Assembly bill. Introductory No. 1669, Printed No. 1888, entitled '.'An act to amend the Greater New York charter, in relation to retirement from active serv- ice of officers, clerks and employees." Assembly bill, Introductory No. 465, Printed No. 470, entitled "An act to amend the Greater New York charter, in relation to fire department pilots." Assembly bill. Introductory l^o. 1434,; Printed No. 1576 (Senate Reprint, Nq. 2168), entitled ; "An act to amend the Greater New York charter, in relation to the repair and maintenance of water front property set apart for the use of city departments." Assembly bill. Introductory No. 1773, Printed No. 2734, entitled "An act to amend chapter eighty-seven of the laws of eighteen hundred and ninety-three, en- titled 'An act to amend chapter three hundred and thirty-five of the laws of eighteen hundred Veto Messages 281 and sixty-eight, entitled "An act to incorporate the city of Ogdensburg," and the acts amending the same,' generally, and repealing various sec- tions thereof." Assembly bill, Introductory No. 2020, Printed No. 2361, entitled. "An act to amend the Greater New York charter, in. relation to authorizing the board of es- timate and apportionment to make an annual ap- -propriation for the support and maintenance of the American Museum of Safety, and in relation to the conduct of such museum." ': ''''" (Signed) WM. StJLZER Amending; the Civil Service Law in Relation to the Power of Removal and the Suspension and Re- instatement of Employees. State of New York- — ^ Executive Chamber • Albany, May 17, 1913 Memorandum filed with Assembly bill. Introductory No. 1255, Printed No. 2284, entitled "An act to amend chapter fifteen of the laws df nineteen hundred and nine, entitled 'An act in relation to the civil service of the state of New York and the civil divisions in cities thereof, con- stituting chapter seven of the consolida,ted laws,' as amended by chapter two hundred and sixty- four of the laws of nineteen hundred and ten, in relation to the power of removal." 282 Public Papeks of Govbb:nob Stjlzeb and with Assembly bill, Inttoduetory No. 1254, Printed No. 2696, entitled "An act to amend chapter fifteen of the laws of nineteen hundred and nine, entitled 'An aiet in re- lation to the civil service of the state of New York and the civil divisions in cities thereof, constitut- ing chapter seven of the consolidated laws,' as amended by chapter two hundred and sixty-four of the laws of nineteen hundred and ten^ in rela- tion to the suspension and reinstatement of em- ployees. ' ' Not ApPRbVBD The provisions of these two bills are utterly op- posed to the due administration of our civil service laws ; contrary to the letter and the spirit of the merit systemj and their enactment would go far to destroy discipline and greatly impair the efficiency of the en- tire civil service systena of the State. I disapprove the bills. '^ (Signed) WM. STJLZER Amending Highway Law in Relation to Laying of Rail- road Tracks upon Albany Post Road, Westchester County State of New Yoek — Executive Chambeb Albany, Mai/ 23, 1913 Mbmobandum filed with Assembly bill, Introductory No. 584, Printed No. 598, entitled ' ' An act to amend the highway law, in relation to the laying of railroad tracks upon the Albany Post road within the county of Westchester. ' ' Not Appeoved Veto Messages 283 This bill amends section 343 of the Highway Law, and permits the construction of a railroad on the old Albany Post road in the towns of Ossining, Mount Pleasant and Greenburg, Westchester county. In effect it repeals the protection afforded this road from trolleys under the Burns law, which was enacted in 1896. The reasons that then existed for the preser- vation of the historic highway exist today in my judg- ment with much greater force. The geographic situation of this road and its pe- culiar physical characteristics, to my mind, render it important to preserve it exclusively for vehicular traffic. The convenience of the citizens through the territory affected can be readily accomplished by the establish- ment of a trolley line located elsewhere than upon this main artery of traffic. In view of the protests against this legislation, and the fact that it will seriously interfere with the com- prehensive plans of the Highway Department for a beautiful boulevard from New York to Albany, and thence to Buffalo; and thence to Niagara Falls; I can- not consistently approve this bill. (Signed) WM. SULZER Providing Two=Platoon System in Fire Department in Cities of the First Class State of New Yobk — - Execlftive Chambee. Albany, May 24, 1913 Memobandum filed with Senate bill, Introductory No. 264, Printed No. 269, entitled "An act to promote the health and efficiency of firemen in cities of the first class, by providing 284 Public Papers of Goveenok 8ulzeb for a two-platoon system in tJie fire department of such cities." Not Appboved I am convinced that the approval of this measure would interfere greatly with the efficiency of the fire department in the cities affected, and further that the regulation of the matter should be performed by the local authorities. In addition, I am convinced that such pov/er and authority is conferred upon the local authorities, un- der and pursuant to the provisions of the Home Rule Law for Cities, now chapter 247 of the Laws of 1913. I disapprove the bill. (Signed) WM. SULZER Special City Bills Not Accepted by the Mayors of the Cities to Which They Relate State of New Yoek — Executive Ohambeb Albany, May 24, 1913 Memokandum filed with bills specified below : Not Approved The following bills have not been approved, for the reason that they are special city bills and were not accepted by all the cities in question, in accordance with the Constitution : Assembly bill. Introductory No. 1825, Printed No. 2090, entitled "An act to amend chapter seven hundred and fifty-five of the laws of nineteen hundred and seven, entitled 'An act constituting the charter of Vp:to Messages ■ 285 the city of Rochester, ' in relation to extending the execution and service of process in the municipal court to the county of Monroe." Senate bill, Introductory No. 1641, Printed No. 24^, entitled "An act to amend the Greater New York charter, in relation to establishing the department of public welfare, prescribing its powers and duties and transferring thereto certain of the pow- ers and duties of the police department." Assembly bill. Introductory No. 1356, Printed No. 1481, entitled , , , " An a,c]b to ex1;end the tinae ^qr filing claims with the board of assessors of the city of New York for damages sustained by owners of real property fronting upon streets approaching the Manhattan bridge over the East river in said city. ' ' Senate bill, Introductory No. 930, Printed No. 1046, entitled "An act to amend the code of civil procedure, in relation to conferring power on the justices > of the city court of the city of New York to fix and regulate the compensation of the officers and employees of such court." (Signed) WM. SULZER 286 Public Papers of Gtovbbnob Sulzeb Sundry City Bills Not Returned by the Mayors of the Cities to Which They Relate State of New Yobk — Executive Chambeb Albany, May 24, 1913 Memoeandum filed with bills enumerated below. Senate bill. Introductory No. 1787, Printed No." 2360, entitled "An act creating a board of managers for the government and conduct of the Sunnycrest Sana- torium of the city of Auburn, New York, for the care and treatment of persons afflicted vdth tuber- culosis and defining the powers and describing the duties of said board." Senate bill. Introductory No. 1158, Printed No. 1743, entitled " An act to amend the charter of the city of Schenectady, in relation to the improvement of the streets, as state or county highways, by the state commission of highways." Assembly bill. Introductory No. 1837, Printed No. 2646 (Senate Eeprint No. 2286), entitled "An act to amend the charter of the city of Schenectady, in relation to city and ward boun- daries. ' ' Assembly bill. Introductory No. 1791, Printed No. 2034, entitled "An act to amend chapter seven hundred and fifty-six of the laws of nineteen hundred and seven, entitled 'An act to provide for the govern- ment and to supplement the provisions of law Veto Miessagbs 287 relating to the city of Schenectady,' in jrelation to the department of the judiciary. " Not Appboved. ' ; . , = ; > These bills were not,, re turned by the mayors of the cities to ■vv'hich they relate within the fifteen days re- quired by the Constitution, and, therefore, I have not jurisdiction to a,c,t upon them. ,,,.,,.! These bills are, therefore, disapproved. (Signed) WM. SULZER Sundry City Bills Not Returned by the Mayors of the Cities to Which They Relate State op New Yoek — Executive Chambeb Albany, May 24, 1913 Memorandum filed with bills enumerated below. Assembly bill, Introductory No. 852, Printed No. 1976, entitled , "An act to amend chapter five hundred and fifty-nine of the laws of nineteen hundred and ten, entitled 'An act to provide a charter for the city of New Rochelle,' in relation to the annual esti- mate of th& .city of New Brjoph^lle, ' ' Assembly bill, Introductory No. 1659, Printed No. 2498, entitled "An act to amend chapter one hundred and forty-two of the laws of nineteen hundred and five, entitled 'An act to revise the charter of the city of Corning,' in relation to salary of assessors." 288 Public Papers op Gtovebnoe Sulzer Assembly bill, Introductory No. 2018, Printed No. 2359, entitled "An act to amend chapter seven hundred, and thirty-three of the laws of nineteen hundred and one, entitled 'Aii act to provide for the licensing of firemen operating steam stationary boiler br boilers in the city of New York, ' transferring the power of licensing to the commissioner of licenses. ' ' Not Approved. These bills are not approved for the reason that they were not returned by the mayors of the cities to which they relate, and, therefore, I have not jurisdiction to act upon them. (Signed). WM. SULZEE To Legalize Issues of Forty Thousand Dollars of Bonds of the City of Geneva Authorized at Special Election Held May 23, 1911 State of New York — Executive Chamber Albany, May 24, 1913 Memorandum filed with Assembly bill. Printed No. 573, printed : "An act to legalize an issue of forty thousand dollars of bonds of the city of (reneva, authorized at a special election in said city held, May twenty- third, nineteen hundred and eleven." Not Approved • This bill is unnecessary, for the reason that the General Municipal Law now contains ample provisions ,: Veto Messages 289 for legalizing bonds or proceedings leading up to their issuance. , If ,^H:! . Not ' AppiibvED ' ' After careful consideration of this bill, I deem that there is no sufficient or substantial reasbn for any de- parture from the uniform rules for the condemnation of real property, taken for public purposes in other cases. '■■- The general act relating to the .Palisades Interstate Park, which this bill seeks to amend, provides a method for the condemnation of real property, necessary for the purposes of such Interstate Park, and I am con- vinced that my failure to approve this measure, will in no way interfere" with the park 'project. This bill is disapproved.' : ■ 'i^, ' (Signed) WM.,S¥LZEB. 302 Public Papees of Governor Sulzer Items of Appropriation Objected to Contained in Bill for Constructions, Improvement, Repairs and Equip- ment at the Various State Hospitals, the Other Por- tions of Which Bill -Were Approved State of New York — : Executive Chamber AxiBANY, June 2, 1913 Mbmobandum filed with Assembly bill No. 2780 (Senate Eeprint No. 2522), entitled "An act making appropriations for construc- tions, improvements, repairs and equipments at various state institutions." Statement of items of appropriations of money con- tained in said bill which are severally objected to, to- wit: Binghamton State Hospital Page 2, lines 3 and 4 : " For additional boilers, twenty-two thousand dollars" ($22,000); Page 2, lines 5 and 6: " For additional heat, Broadmoor, four thoil- ' sand dollars " ($4,000). Buffalo State Hospital Page 2, lines 10, 11 and 12 : ' ' For new verandas for two three-story build- ings,, men's wards; two three-story buildings, women's wards, twenty thousand dollars " ($20,000) ; Veto Messages 303 Page 2, lines 13 and 14 : "For coal conveyor, including motors, erection and changing railroad switch, five thousand dol- lars" ($5,000); Page 2, lines 15 and 16: ; "For addition to nurses' home for about eigh- teen rooms, twenty-five thousand dollars " ($25,- 000) ; Page 2, line 17 : ■ ' i ' " For root, cellar, two thousand two hundred dollars " ($2,200); Page 2, lines 22 and 23 : ' ' For addition to male employees ' home, twenty thousand dollars " ($20,000). Central Islip State Hospital Page 2, lines 25, 26 and 27 :' • ; - 1 . ^ " For conduit and steam line from north colony boiler house to 'groups D, E and F, twenty-five thousand dollars " ($25,000). ,, Qowanda State Homeopathic Hospital Page 3, lines 10 and 11 : " For mortuary and laboratory building and equipment^, ten thousand dollars';' ($10,000). Hudson River State Hospital Page 3, lines 16, 17 and 18 : " For changes, renewals and alterations in plumbing and in hydrotherapeutic rooms, five thousand five hundred dollars " ($5,500) ; 304 Public Papers of Gotbrnoe Sulzek Page 3, line 19 : ' ' For general painting, two thousand dollars ' ' ($2,,000) ; Page a, lines 20 and 21 : " For repairing of cottages and new distribut- ing boards, three thousand five hundred 'dollars " ($3,500); Page 3, lines 22 and 23: "•' " For repairing nurses' cottage, central group, four thousand dollars " ($4,000) ; Page 3, lines 24 and 25: " For general repairs to cottages, seven thou- sand dollars" ($7,D00)-; Page 3, lines 26 and 27 : " For renewal of trim, disturbed wards, three thousand dollars " ($3,000). Kings Park State Hospital Page 4, lines 4 and b: ",Fqe. screening windows and doors, two thou- sand dollars " ($2,b00) ; , Page 4, line 9 : "' For painting, two thousand dollars " ($2j000). Long Island, State Hpspital Page 4, line,. 14: " For laundry building, twenty-five thousand dollars*" ($25,000). : ,., Veto Messages 305 Manhattan State Hospital Page 4, lines 16 and 17 : '* For additional accommodations for male em- ployees, one hundred thousand dollars" ($100,- Page 4, line 18 : " For additional furniture, five thousand dol- lars " ($5,000): Page 4, lines 19 and 20 : ' * For fireproof vault for storage of medical records, five thp^sand, pilars," ($p,000) ; Page 4, lines 21 and 22 : ' '' " For connecting four kitchens with cold stor- age plant, two thousand five hundred dollars ' ' ($2,500) ; Page 4, line 23 : '"■ ' ' " For fire alarm system, ten thousand dollars " ($10,000). Middletown State Hospital Page 5, lines 2 and 3 : ' ' For laboratory and mortuary building, ten thousand dollars " ($10,000) '•'' ' ' ' Page 5, line 8: ( "For dairy herd, three ithop,sand < which I, approved on April 22, 1913, pursuant to whiqh adequate criminal punishment is provided " any person who violates, or does not com- ply with any provision of the Labor Law. ' ' For the foregoing reason, I disapprove this bill. (Signed) WM. SULZER Omnibus Veto Number 1 State of New York- — Exbcxjtive Chamber ' " Albany, May 17, 1913 The bills appended hereto are disapproved for the reason that they are duplicates,, unnecessary, defec- tively drawn, embraced in or in conflict with bills al- 314 Public Papees op Goveknok Sulzbe ready disposed of, unconstitutional, for purposes which can be suitably accomplished under general laws, or which should be provided for, if at all, by amendments to the general law, the purposes con- tained in the bills can be or should be accomplished under the Home Eule Law for Cities, in violation of the principal of Home Rule, Or objectionable and in- advisable by reason of proposed changes, or in conflict with approved state policy. (Signed) WM. SULZER Assembly bill. Introductory No. 1444, Printed No. 2590, entitled : "An act to amend the prison law in relation to pardons. ' ' Senate bill, Introductory No. 931, Printed No. 1047, entitled : "An act authorizing the justices of the city court of the city of New York to retire employees thereof for incapacity and providing for their compensation upon such retirement." Senate bill. Introductory No. 829, Printed No. 919, entitled : "An act to amend the tenement house law in relation to yards." Senate bill. Introductory No. 1398, Printed No. 1667, entitled : "An act to amend the code of criminal proced- ure in relation to compensation of counsel upon appeals to the court of appeals where the judg- ment is of death." Veto . Messages 315 Assembly bill, Introductory No. 1819, Printed No. 2084, entitled: "An act to amend chapter four hundred and sixty-five of. the Jaws of nineteen hundred and ten, entitled 'An act to permit the city of Pough- keepsie to establish, equip and maintain a tuber- culosis hospital, and to permit the county of Dutchess to make appropriations therefor,' generally. ' ' Assembly bill, Introductory No. 1886, Printed No. 2186, entitled : "An act in relation to authorizing the comp- troller to audit and pay the assessment levied upon state propei'ty located in the city of New- burgh, for the construction of a sewer in the street upon which the said property is located." Assembly bill, Introductory No. 1347, Printed No. 1462^ entitled: ' "An act to amend chapter two hundred and nineteen of the laws of nineteen hundred and nine, entitled 'An act in relation to transportation cor- porations, excepting railroads, constituting chap- ter §ixty-three of the consolidated laws, ' in rela- tion to electric light, heat and power companies. ' ' Assembly bill. Introductory No. 135, Printed No. 1880, entitled:,... "An act to amend the county law in relation to limitations of credit of towns and counties. ' ' Senate bill, Introductory No. 1288, Printed No. 2378, entitled: i "An act to amend the code of civil procedure, in relation to notice of certain sales of real property. " 316 Public PapBes of GoviiBTsroK Stjlzek Assembly bill, Introductory No. 1148, Printed No. 1227, entitled : "An act to amend the code of civil procedure, in relation to persons who may not act as attorney in a justice's court." Assembly bill, Introductory No. 2066, Printed No. 2426, entitled : ,, ' _ .. , ' , "An act to amend the code of civil procedure, in relation to jurisdiction of the board of claims." Senate bill. Introductory No. 1613, Printed No, 2034, entitled : ' ' An act to amend the civil service law, in rela- tion to the legal expenses of veterans and volun- teer firemen reinstated by order of the courts. ' ' Senate bill. Introductory No. 539, Printed No. 980, entitled: "An act to amend the election law, in relation to the assistance of blind voters in the, prepara- tion of their ballots. ' ' Senate bill, Introductory No. 1510, Printed No. 2469, entitled : "An act to amend the tax law, in relation to the salary of stenographer in the county of New York." , Assembly bill. Introductory No. 2006, Printed No. 2331, entitled: i ! -, "An act to amend the public health law, in re- lation to dental lipejases." Senate bill, Introductory No. 1272, Printed No. 2105, entitled: ! ; , ,,i "An act creating and prescribing the powers and duties of a commission to inquire into the Veto Messages 317 necessity for the construction of a sewerage sys- tem for that part of Westchester county adjacent to ' Long Island sound and embriaced within the territorial limits of the towns of Rye, Harrison, Mamaroneck, that portion of the towns of White Plains and Pelham not included within the limits of the Bronx valley sewer district and the city of New Bochelle, by the exercise of powers vested in the State,; and providing for the payment of the expenses of such commission." Senate bill. Introductory No, 888, Printed No. 1737, entitled: ; "An act to amend chapter three hundred of the laws of nineteen hundred and four, entitled 'An act to revise and consolidate the several acts relative to the city of Niagara Falls,' relative to the lighting of streets and the providing of im- proved systems of street lighting. ' ' Assembly bill. Introductory No. 1344, Printed No. 1450, entitled: ' "An act to amend chapter three hundred of the laws of nineteen hundred and four, entitled 'An act to revise' and consolidate the several acts relative to the city of Niagara Falls,' as amended by providing for greater duties and powers of the board of grade crossing commissioners of said city." Assembly bill, Introductory No. 1303, Printed No. 1413,: entitled :, , ■ , / , i , , i ' ■ : ' : ' "An act transferring Hopkins street in the city of Buffalo from the jurisdiction and qpntrol of the common council to the jurisdiction of said city." 318 Public Papeks of G-oyEKNOB Sulzer Assembly bill, Introductory No. 1851, Printed No. 2116, entitled: "An act to amend the Greater New York char- terj in relation to coroner's physicians, and re- pealing certain sections of chapter four hundred and ten of the laws of eighteen hundred and eighty-two in reference thereto." '-'■ Assembly bill, Introductory No. 1515, Printed No. 1673 (Senate Reprint No. 1957), entitled: "An act to amend chapter eight hundred and eighty-seven of the laws of nineteen hundred and eleven, entitled 'An act authorizing the board of aldermen of the city of New York to audit, allow and certify to the comptroller for payment, as charges against said city, the reasonable expenses for medical and surgical treatment and mainte- nance of the mayor or other officer or employee of the city of New York for gunshot wounds or per- sonal injuries, and authorizing the comptroller to audit and pay such charges, ' in relation to extend- ing the provisions of such chapter to county and borough officers." Senate bill. Introductory No. 1031, Printed No. 1158, entitled : "An act to amend the Greater New York charter, in relation to a retirement fund for the supervising and teaching staff of the normal college." ,, Assembly bill, Introductory No. 1725, Printed No. 2694, entitled : "An act to amend the Greater New York charter, in relation to receiving bids for the col- lege of the city of New York." Veto Messages 319 Senate bill, Introductory No. 1433, Printed No. 2137, entitled : "An act to amend the Greater New York charter, in relation to the employment of inmates in correctional. institutions. ' ' Senate bill. Introductory No. 1321, Printed No. 2237, entitled : "An act to amend the Greater New York charter, in relation to the uniformed force of the fire department." Assembly bill, Introductory No. 1941, Printed No. 2244, entitled V ' ' An act to amend chapter two hundred and eighty of the laws of nineteen hundred and twelve, entitled 'An act to authorize the city of Buffalo to issue its bonds for the purpose of raising money to construct, extend and regulate its system of Avater works, and to reimburse the new construc- tion account, bureau of water, for disbursements made for district mains, valves, hydrants, meters and tools, since the thirtieth day of June, nineteen liundred and seven/ providing for bond issues for such purposes from year to year, and relating to the rate of interest and place of payment. ' ' Senate, bill, Introductory No. 1614, Printed No. 2036, entitled : "An act to further amend chapter one hundred and ;five of the laws of eighteen h,undred and ninety-one, entitled 'An act to revise the charter of the city of Buffalo,' as amended by chapter three hundred and eighty-four of the laws of nine- teen hundred and nine in regard to the remedy 320 Public Papijes of GoyjipjiroE Stilzer for purchasers of laji^ within the city at city and county tax sales. ' ' Senate bill, Introductory No. 295, Printed No. 302, entitled: "An act to amend chaptier seven hundred and sixty of the laws of eighteen hundred and ninety- seven, as amended, entitled 'An act to revise the charter of the city of Watertown. ' ' ' Senate bill. Introductory No. 1682, Printed No. 2130, entitled : "An act to authorize the city of Ggdensburg to borrow the sum of fifty-six thousand dollars for local improvements and to issue its bonds there- for,, and to provide for the payment of the interest and principal of said bonds. ' ' Assembly bill, Introductory No. 553, Printed No. 572 (Senate Reprint No. 2271), entitled: "An act to provide a recreation pier and casino on Buffalo park property for the people of the city of Buffalo." Assembly bill, Introductory. No. 1001, Printed No. 1942, entitled : "An act to amend chapter fiv*, hundred and ninety-three of the laws of nineteen hundred and five, entitled 'An act to revise the charter of the city of Johnstown,' in relation to the police de- partment and city officers." Senate bill. Introductory, No. 13, Printed No. 13 (Assembly Reprint No. 2783), entitled: "An act to amend the banking law, in relation to the issuance and sale of profit sharing sayings bonds." Veto Messages 321 - Senate bifl, IntiK)duetory No. 1534, Printed No. 1898, entitled : ^ 'An act to lamend, the insurance law, in relation to life or casiiaity insuran<» corporations upon the oo-operative or assessment plan, and the agents thereof." As'sepiibij l)ill, Introductory No. 849, Printed No. 1676, entitled: "An act. to amend the couservatiotn law, in rela- tion to hioolfing suckers tiirea^ the icse.," Assembly bill, Introductory No. 1774, Printed No. 2551 (Senate Reprint No. 2235), entitled: *' ".An act to amend ttii6 general city law, in rela- tion to powers of cities in respect to providing moneys for certain purposes." Senate bill, Introductory No. 165,^ Printed No. 2094, entitled: " •, "An act designating as a public holiday in the city of Buffalo, the fourth day of Septerfaber, nine- teen hundred and thirteen, being the day of the parade in celebration of the one-hundredth anni- versary of the battle of Lake Erie." Assembly bill, Introductory No. 20O7, Printed No. 2332, entitled : "An apt to amend the conseryatipn law, in rela- tion t(0 fish in certain waters of Warren county. ' ' Senate bill^jlntroductory NiO. 16Q3, Printed No, ^14, entitled: "An act to amend the conservation law, in rela- tion to the open season for pheasants. " 11 322 Public Papers of Goveekor Sulzee Assembly bill, Introductoiy No. 83, Printed No. 83, entitled : "An act to amend chapter three hundred and ninety-two of the laws of eighteen hundred and ninety-six, entitled 'An act to regulate the com- mitment and discharge of certain prisoners, tramps and vagrants in Richmond county, and to prescribe the effect thereof, to provide for the sup- port of prisoners in the jail in the county of Eich- inond, and to fix the duties and compensation of the sheriff of said county and of certain employees of the jail of said county,' in relation to the sala- ries of appointees by the sheriff." Senate bill,. Introductory No. 407, Printed No. 428, entitled : "An act to amend the penal law, in relation to trademarks." Senate bill. Introductory No. 1071, Printed No. 1330, entitled : "An act to provide for the transfer of the exempt fund held by the Watertown exempt fire department to the general fund of said depart- ment. ' ' Assembly bill, Introductory No. 2013, Printed No. 2364, entitled: ' ' An act to authorize the Governor to place on the supernumerary list of the national guard, George W. Bishop, formerly a captain therein." Assembly bill, Introductory No. 1904, Printed No. 2319, entitled: "An act for the relief of James Delehanty, a former member of the national guard of this state." Veto Messages 323 Assembly bill, Introductory No. 230, Printed No. 233, entitled : "An act for the relief of Mary Jane Fowler, mother of Thomas Fowler, late private in Conf- pany A, Sixty-fifth regiment, of the national guard. ' ' Senate bill, Introductory No. 1013, Printed No. 2272, entitled : "An act to amend the insurance law, relative to the merger or consolidation of certain corpora- tions." Assembly bill. Introductory No. 124, Printed No. 124, entitled : * 'An act to amend the railroad law, in relation to the fare chargeable on certain railroads operating between Flatbush avenue and Manhattan crossing in Kings county. ' ' Assembly bill, Introductory No. 1456, Printed No. 1612 (Senate Reprint No. 2498), entitled: "An act to amend the insurance law, in relation to standard provisions for certain casualty poli- cies." Assembly bill. Introductory No. 1564, Printed No. 175/7, entitled : "An act to amend the town law, in relation to sewer commissioners, their subordinates and ex- penses. ' ' Assembly bill. Introductory No. 1380, Printed No. 2215, entitled: "An act to amend the town law, in regard to the constitution and regular meeting of the town board. ' ' 324 Public Papeks op Ctoveenoe Sxjlzee Asaemblj bill, Inti;oduetor}f No. r2101, Printed No. 2483, entitled : "An act to! amend the real property law, in rela- tion to the persons before, whom gicknowledgments and proofs within the state naayi be taken." Senate bill, Introductory No. 1710, Printed No. 2193, entitled: ,: : \ ' ' An act legalizing certain proceedings of the board of assessors of the towH. of Ohio, in the coimty of Herkimer, in. verifying the assessment- rolls for the years nineteen hundred aikd:^ve, nineteen hundred and six, and nineteen hundred and eight." ' ■ - /. Senate biU, Introductory No. 1257, Printed^ No, 1447, entitled:, "An, act to legalize, ratify a,nd,' coafij^m th^, acts and proceedings of the town of, I^'rankf ort ia the county of Herkimer, and of its electors, officers and agents, in relation to the issuance and sale of town obligations for additional highway con- struction and validating such bonds and provid- ing for their payment. ' ' Assembly bill, Introductory No. 917, Printed No. 861, entitled: ' ; ;,; , ,, , / ' ' An act to legalize and confirm the aets of the town board ed Shelter Island in respect to the purchase and maintenance of a certain dock therein. " Senate bill, Introductory No. 1227, Printed No. 1417, entitled: '< "An act to authorize the board of SMpervisors of Westehester county to issue boaids of the county Veto Messages 325 to make available money to be paM by the towns of Mount Pleasant, New Castle and North Castle for ;.the building of the Chrystal spring, Chap- paqua and MillwoQ^i road nuu^laer .one thousand : &Bid, ftEteei)*, aikd to provide if or the issue of bonds of said towBSi ,for their r^spectiii^e shares. ' ' Senate Mil, Introductory No. 1103, Printed No.. 1265, entitled: "An act to amend chapter three hundred and ninety-one of &e laws of nineteen hundred and twelve, entitled 'An act to provide a water supply for the t«»wii of Waterford, Saratoga ceunty, and its inhabitants,' in relation to vacanciesi and ap- pointment of commissioners. " Assembly bill. Introductory No. 1655, Priiited No. 26612,^ entiled:' - ' '■ ' -■ ' ^ "An act to amend the town law, in relation to leasing- of building by town board fpr jusitices of the peace. ' ' Assembly bill. Introductory No. 1656, Printed No. 2601, entitled : "An act to amend the town law, in relation to compensation of town officers. " - : ^Senate bill, Introductory ISTo. 1173, Printed No. 1358, entitled: "An apt. toi autho^rize the comptroller of the state of New York to herein deternaine the .appli- eation. of the owners of certain lands in Kings county for cancellation of a tax sale upon paying the amount charged against the same." 326 Public Papers of Goveenoe Sulzee Senate bill, Introductory No. 358, Printed No. 2086, entitled : "An act to amend the insurance law, in relation to the creation of mutual companies to insure employers against loss, damage or compensation resulting from injuries suffered by employees of other persons, for which the person insured is liable." Assembly bill. Introductory No. 421, Printed No. 423 (Senate Eeprint No. 2374), entitled: "An act to amend the lien law, in relation to the refiling of chattel mortgages and the entry thereof." Assembly bill. Introductory No. 1920, Printed No. 2568, entitled : "An act to amend the judiciary law, in relation to the temporary appointment of interpreters. ' ' Assembly bill. Introductory No. 1755, Printed No. 2733, entitled : "An act to amend the conservation law gen- erally, in relation to lands, forests and public parks." Assembly bill. Introductory No. 1460, Printed No. 1984, entitled: "An act to amend the conservation law, in rela- tion to the taking of hares and rabbits in the coun- ties of Schuyler, Tompkins, Columbia, Livingston, Oswego and Steuben." (Signed) WM. SULZEE Veto Messages 327 Omnibus Veto Number 2 State of New Yokk — Executive ChaMbeb Albany, May 24, 1913* The bills appended hereto are disapproved for the reason that they are duplicates, unnecessary, defec- tively drawn, embraced in or in conflict with bills al- ready disposed of, unconstitutional, for purposes which can be suitably accomplished under general- laws, or which should be provided for, if at all, by amendments to the general law, the purposes con- tained in the bills can be or should be accomplished und^r the Home Rule Law for Cities, in violation of the principal of Home Rule, no available funds, or objectionable and inadvisable by reason of proposed changes, or in conflict with apprtived state policy. (Signed) WM. SULZER Senate bill, Introductory No. 555, Printed No. 596, entitled : "An act to amend the real property law, in re- lation to cemetery lands." Assembly bill. Introductory No. 749, Printed No. 778, entitled : "An act to amend the real property law, in relation to cemetery lands." Senate bill. Introductory No. 1355, Printed No. 1600, entitled : "An act to empower the board of claims to determine and approve the claims of the deposit- ors and creditors of the Union Bank of Brooklyn." 328 Public Papebs of Goveenoe Sulzbb Assembly bill, Introductory No. 1547, Printed No. 1720, entitled: " ■ "An act to amend the railroad law, in relation to extending the time within which a railroad may be coTistracted where there has been a receiver in ad law, in r-elatLoia to the diverting of carload shipments of ■coal and providing a penalty therefor. " , Sen-ate billj, Imtrodupitory No. 473, Printed No. 494, entitled: ■" An , act to legalize oojiveyanoeis upon tax sales in the county of Cayuga and proceedings affeetiaag such sales and conveyances.'' Senate bill, Introductory No. 180, PriiatBd No. 1219, entitled. : "An act to amend the town laW, In relation to the compensation of assessors. " Assembly bill. Introductory No. 105, P'rinted No. 2741, entitled: "An aeit to amend the town law, in reiatioa to the compensation of town officers." Assembly bill, IntroductoTy-iNo. 1227, Printed No. 2674, entitled.: ' ''An act to amend the tax law, in relation to equalization by boards of supervisors." Veto Mxssages • 329 Assembly foill^ Introdmetory No. 1758^ Printed No. 1999, entitled : "An act :to anuend tte state fiaaiance law, in relation, to the siirpeTvision and sale of lands." Seaate bill, latrodiMtoary No. ,1642, Printed No. 2422, entitled : "An act to amend the judiciary law, in relation to the retirement of eaaaployees hy :the court of appeals. ' ' Assembly bill, Introductory No. 645, Printed No. 2499, entitled: /'An act to amend chapter one hundred and seventeeit of the' laws of eighteen hundred and ninety-seven entitled 'An act to maie the office of sheriff of "Washington county a salaried office, and regiilating the management of said office.' " Assembly bill. Introductory No. 1832, Printed No. 2506, entiifed:"'" ^ • ■'•- '■''• ''' ' ' ' "An act providing additional requirements in ihb preparation o-f assessment rolls for the town- ships in the county of Westehester and' also pro- viding for, th^ cftUection, of taxes, aiftdL, providing for authorizing the sale of land for the nonpay- ment of taxes and for ihe collection of unpaid taxes in the several towns of the county of West- chester." Assenibly bill, Introductory No. 682, Printed No. TOSi, entrttedr ' "'■' ""'' ' '"'''" ''''['' ' ' An act to authorize the reinstatement of David Heilfert^ as cotfrt atte^ndant of iaij and making an ,apprppriatioii therefjsr," Assembly bill. Introductory No. 1127, Printed No. 1206, entitled : Veto Messages 333 "An act to amend ehaipter fliree liuiidred and seventy of the laws of eighteen .hundred and niiaety-fiv^t, . estitled 'An £w>t in relatipn to the pubUe, school^ in the -city of Elniira,' xehimg to deposits of school money with the city chamber- lain." Assembly bill, Introductory No. 1360, Printed No. 1485, entitled: ' i,., "An act to amend the -Greater New York charter, with respect to the construction of tun- nels and shafts and the erection, installktion and operation of elevators and escalators connecting pnblie streets and places." Assembly bill, Introductory No. 1820, Printed No. 2779,' entitled 1 '' "An\a.ct to amend chaptier four hundred and twenty-five of the laws of eighteen hundred and ninety-six, entitled * Ah act to amend "the charter of the oity of Poughfeeepsie, ' 'in relation to the salary of the corporation cotmsel ' ' Senate Vili, Introd^irtoty No. 1418, Pri^ited No. -2306, entitled : "An act to amend the Greater New York cliaTter, in relation to salaries of m^embere of the teachers staffs of the board of education." Senate bill, Introdiietory No. 1541, Printed No. 2i240, entitled : • "An act te amend the Greater New York eliarter, m 3peiaon to the powers of tke commis- sioners of the sinking fund over certain prop- erty." 334 Public Papeks of Govebnoe Sulzee Assembly bill, Introductory No. 1157, Printed No. 1241, entitled: "An act to amend the Greater New York charter, in relation to the regulation and registra- tion of journeyman plumbers." Senate bill, Introductory No. 167i8, Printed No. 2126, entitled : "An act to amend the Greater New York charter, in relation to the power of the board of alderfnan to authorize the issuance of permits for the sale of newspapers and periodicals. ' ' Senate bill, Introductory No. 1390 (Assembly, Ee- print No. 2798), 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 sev- eral acts in relation to the city of Syracuse, and to revise and amend the charter of said city,' in relation to city and ward boundaries." Assembly bill,, Introductory No. 1156 (Senate Ee- print No. 2419) , entitled : "An act to amend the Gi'eater New York charter, in relation to disposal of discarded school books by the board of education." Assembly bill, Introductory No. 468, Printed No. 473, entitled : "An act to amend the Greater New York charter, in relation to the municipal explosives commission and to the powers, duties and regula- tions thereof." Veto Messages 335 Senate bill, Introductory No. 1746, Printed No. 2401, entitled : "An act to amend the Greater New York charter, in relation to the board of examiners of the bureau of buildings." Assembly bill, Introductory No. 1051, Printed No. 1124, entitled: " An act to amend chapter foUr hundred and twenty-five of the laws of eighteen hundred and ninety-six, entitled ' An act to amend the charter of the city of Poughkeepsie,,' in relation to pub- lishing ordinances and compensation of election officials. " Assembly bill. Introductory No. 1630, Printed No. 1827, entitled: '' An act to amend chapter four hundred and twenty-five of the laws of eighteen hundred and ninety-six, entitled * An act to amend the charter of the city of Poughkeepsie, ' in relation to the hour^ for holding special elections." Assembly bill. Introductory No. 1962, Printed No. 2597, entitled: " An act to amend the education law, relative to the establishment and maintenance of agricul- tural schools in towns." Assembly bill. Introductory No. 132i7; Printed No. 2054 (Senate Reprint No. 2079), entitled: '"''- " An act to amend the highway law, in relation to the construction and maintenance of town bridges, as part of the state and county highway system. " ' 336 Public Papbes of Govbbnor Sulzbk iLBseroibly ibill:, Imtroduotory No. 207, Printed No. 2563, entitled: , -., " Ah aet to amend the h.igkw,sbj law, jb. relation tO' the description, otf route number one of tke state highway system." Assiembly bill, Introductory No. 952, Printed No. 998, entitled: .. ' ' An act to amend the highway law, in relation to the course and description o£, route twenty of the state highway system^" Senate bill, Introductory No. 1669, Printed No. 2117, entitled : " An act to amend the highway law, in relation to establishii^ a new state^ route in the county of SufPolk." ;,„ Senate bill, latrodiaetory No. 1141,, Printed No. 1922, entittled: , ' ' An a«5t to am.end the highway law, in reJMion to additional state aM. for iriitpiroved hi^ways." Senate bill,, Introductory No.' US®,' Printed No. 17'27, entiftled: , ■■■ ., ..:,„,: ,,, j ; . " An aet to amend the highway law, in relation to s.tate aid for bridges. " Senate Mil, Iniroductory No. 1113, Prinsted No. .1719, entitled : i . ^ "An act to amend the highway law, in relation to purchase of road machinery ,1;jy t(^wnS." Asawnbly bill, Introdueto-ry No. 601, Pj;inted No. 1030, entitled: , ,:,,,,. ,, r " An act to amend the liQuer, tax Jaw, in rela- tion to the definition of ' Convicted and, convic- tion,' by striking out said definition." VfiTO .Mbssa)ses 337 Asseiabiy bEt, Introdnretory No. 2082, Prmted No. 2766, entitled : " An act to ratify aad validate certain contracts ireretofore made- by town officers £©» the lease of highway nftaehiniery." Assembly bill, Introductory No. 1775, Printed No. 30ilift, entitled: i . " An act to amend the judiciary law, in relation to examining physicians." Assembly bill, Introdtiistory- No. 1751, Printed No. 2429 (Senate Rep-rint No. 2342"), entitled: - '''An act to amend the code of civil pr'oftedure, in relation to the liability of the state and juris- diction of the board of claims in respect to Certain claims/' Assembly bill, Introductoiy No. 1963., Printed No. 22T1, entitled: " An act to amend the lien law, in relation to the protection of persons furnishing and placing in a cenaetery or burial ground a monument, gravestone or other cemetery structure." Assembly bill, Introductory No. 1582, Printed No. 1765, entitled :.,;,, " An act to amend the state charities law, in relation to the retirement of employees of state : eharitabie institutions. ' ' Assmibly Mil,: Introductory iNo;iie&5, Printed No. 1914, entitled : " An aM'tb anlend' chapter sixty-three' of ^ the laws of nineteen tetrdrfid 'and two, entitled ' An act to incorporate the city of Pulton, ' generally. " 338 Public Papers of Goveenok Stjlzeb Assembly bill, Introductory No. 1516, Printed No. 1674, entitled: ' ' An act to amend the railroad law,, in relation to providing for the inspection of the town by the municipality in which new crossings shall be con- structed and for the expense thereof." Senate bill. Introductory No. 520, JPrinted No. 1618, entitled : " An act to confirm the acts of commissioners appointed to lay out and, assess damages upon tie opening of a public highway in town of New Castle, in Westchester county; to legalize and confirm the acts and proceedings of David L. Barnum and Frank T. Bailey, as commissioners of highways of said town; to authorize the town board of auditors of said town to audit the con- tracts in relation to the building of said highway ; and to authorize the said town to pay for the con- struction of said highway; and to raise money therefor. ' ' (Signed) WM. SULZER Omnibus Veto Number 3 State of New York — Executive Chamber Albany, May 27, 1913 The bills appended hereto are disapproved for the reason that they are duplicates, unnecessary, defec- tively drawn, embraced in or in conflict with bills al- ready disposed of, unconstitutional, for purposes which can be suitably accomplished under general Veto Messages 339 laws, or which should be provided for, if at all, by amendments to the general law, the purposes con- tained in the bills can be or should be accomplished under the Home Eule Law for Cities, in violation of the principal of Home Eule, no available funds* or objectionable and inadvisable by reason, of proposed changes, or in conflict with approved State policy. (Signed) WM. SULZEE Assembly bill, Introductory No. 777, Printed No. 810, entitled: " An act to provide for the improvement of Sawyers creek in the city of North Tonawanda and the town of Wheatfield, Niagara county, and making an appropriation therefor." Assembly bill, Introductory No., 760, Printed No. 795, entitled: " An act to build and equip a_ range of glass houses for teaching floriculture and vegetable cul- ture at the New York state college of agriculture at Cornell university, making an appropriation therefor, and providing for the appointment of an advisory committee." Assembly bill, Introductory No, 732, Printed No. 2699 (Senate Eeprint No. 2414), entitled: ' ' An , act to amend the tax law, in relation to sales by county treasurer of Suffolk county." Assembly bill. Introductory No. 7'23, Printed No. . 751, entitled : " An act to amend chapter four hundred of the laws of nineteen hundred and eleven, entitled ' An act providing for the reconstruction of the old '340 Public Papees of - Ooveenoe Sulzeb portion of ihe Potsdam state aiormai and trailing seh«0ol,' in relation to the maKimuffli cost of saek Teeonstmction, and also makiag an approprifltion tberefor. ' ' AssemlDly "bill, . IntrodTicto'ry No. 670, Printed No. 969, entitled: ■ "An act to authorize the construction of a new iron Ijridge with double driveways and sidewalks over tli« Black River canal at .Stanisvix street in the city of Eome, and making' ah appropriatioxi therefor. " . Assembly bill, Introductory No. 572, Printed No. 5i86, entitled: ' ' An act to amend &« ©daeation law, in relation to the fistah^shment, management and objects of a state school of agriculture at Keuka college, in Keuka park in the county of Yates, and confer- ring certain powers on Keuka college in relation thereto, and' making an appropriation therefor." Assembly bill, IntMwiuctory .^o- ^SO,, Printed No. 1868, ^njtitteij;,,^ ,", ,!,7''i:. " An act to provide for ilie construction of a new bridge over the Black River canal, at Main street in the village of Port LeydeUj in the county of Lewis, and 'making an appropriation therefor." Assembly bill, Introductory No. 443, Printed No. 448, entitled : " An act making an appropriation additional to that made by chapter three hundred and ninety- • seven of the' laws of nineteen hundred and twelve,, for the 'cohstructiion of a drain from the colvert under thfe Erie canal at Chapel street, in the city of Lockport." Veto Messages 341 Assembly bill, Introdtictoiy No. 3i?9, Printed No. 353 (Senate Reprint No. 2036), entitled: ■" An act providing for the construetioh of a bridge over the Mohawk river at Visehex's Ferry, and the approaches thereto in the town of Clifton Park, ia the county of .Saratoga, aad in tl^e town of Niskayuna, in the county of Schenectady, And making a,n appropriation therefor." Assembly bill, Introductory ]iitate house, for the use of the cpurt of appeals, making an appropriation therefor, and re-appropriating unexpended bal- ances for perfecting plans for such alteration and reconstruction,' in relation to architect's compen- sation and modification of plans." ' ' Assembly bill. Introductory No. 1132, Printed No. 16815, entitled: "An act to anaend the Greater New York charter, in relation to the board of ediafcatitm. ' ' Assembly bill, lutroductory No. 1134, Printed No. 16S3,, entitled: "An act to apaeud tte Ureater New York charter, in relation to changing conditiaiis an- nexed to salary scheduiles approved by the board qf. education." , Assembly bill, Introductory No. IISQ, Printed No. 1084, entitled: ' ' '" ' ' ' ' , " An , act to amend the Greater New York ohiarter, in relation to powers of inviSstigation by the president of the board of education." Veto iMbssaisbs. 349 ■ ^ssembLy bill, Introductory No.. 1514, Printed No. IftTS, entitLed : " An act toi amemid the Greater New York charter, in relation t© reports by the boaard, of education." , Assembly bill, Introductory No. 104:6, Printed No. 2139^ entitled: ,, ,., ; ;,, .,,, " An act to provide for the construction of a '- bxidge by the state over a portion »f the Oswego river and the Barge canal attMinetto^ in the county of Oswego, to connect with, a 'bridge to be built by local authorities over a portion of such river, and making an appropriation therefar. " Assembly bill. Introductory No. '2033, Printed No. 2374, entitled : ' '" ■■ ' ' ■ ' " 'f <'M-.r ,, ,^•• " An act to provide for utilizing, for highway purposeSj unexpended balances of moneys hereto- fore appropriated for improving state routes." Senate bill. Introductory N©. llOij, Printed No. 126'3, entitled: -, , . .i .i. , , " An act to ratify, confirm and legalize the pro- ceedings of the city of Lackawanna,' in the county of Erie, state of New York, of the paving of South Park avenue, and the Hamburg turnpike in said city and for the issuance and sale of bonds of said csity to pay for the parvingof said South Park avenue and Hambtirg turnpike, and to-'provide for the pasymeBt of said bonds." ■ Senate bill, Introductory No. 1469, jPrinted No. 2325, entitled : " An act to amend chapter fire hundred and twenty-six of the laws of nineteen hundred and 350 Public Papees of Goveenoe Sulzee ten, entitled 'An act providing for the construc- tion of buildings and improvements for the New York state training school for boys, and making an appropriation therefor,' in relation to the fees of commissioners of appraisal appointed in con- demnation proceedings authorized by said act." Senate bill. Introductory No. 1724, Printed No. 2228, entitled : "An act to amend the education law, in relation to the salaries of teachers in the state normal schools, and making an appropriation therefor." Senate bill. Introductory No. 1768, Printed No. 2323, entitled : "An act to provide ways and means for the pay- ment of interest upon bonds to be issued in the current fiscal year, pursuant to chapter four hun- dred and sixty-nine of the laws of nineteen hun- dred and six and chapter seven hundred and eight- een of the laws of nineteen hundred and seven, for the improvement of state highways." Senate bill, Introductory No. 1546, Printed No. 2268, entitled : "An act to provide for the appointment of a commission to investigate the matter of titles to lands claimed by the state in counties containing portions of the forest preserve, and to authorize said commission to hear and determine applica- tions to cancel tax sales thereon, and making an appropriation therefor. ' ' Assembly bill, Introductory No. 2189, Printed No. 2633, entitled: Veto Messages 351 "An act to provide for the construction of a concrete wall on each side of Watkins Glen creek, in the county of Schuyler, between certain points, and making an appropriation therefor." Assembly bill,. Introductory No. 1398,, Printed No. 1541, Senate Eeprint 2176, entitled : "An act to provide for the construction of a six- teen foot brick pavement as part of route number thirty-four in Onondaga county to connect the city of Syracuse and the village of Liverpool, also ex- tending through said village, and making an ap- propriation therefor." Assembly bill. Introductory No. 496, Printed No. 1476, entitled: "An act to amend the civil service law, in rela- tion to vacations and leaves of absence for em- ployees. ' ' Assembly bill, Introductory No. 541, Printed No. 1347, entitled : "An act to amend the town law, in relation to the meetings of town auditors." Assembly bill. Introductory No. 7|O0, Printed No. 737, entitled: "An act to amend the civil service law, in rela- tion to examinations for promotion in the police or fire department of a city. " Senate bill. Introductory No. 163, Printed No. 1723, entitled: "An act to provide for the improvement as a boulevard of certain lands in the boroughs of Brooklyn and Queens, in the city of New York." 3i52 Public Papers op (xovjbb'nob Sulzee Assembly bill, Introductoiy No. 1629, Printed No. 1826, entitled,- "An act to anaend tli«' general city law, in rela- tion to corporations engaged in the business of plumbing." Senate bill, Introductory No. 1055, Printed No. 1741, entitled: ' . ■ - "An act to amend the code of civil procedure, in relation to bring up a witness on habeas corpus to testify." Senate bill. Introductory No. 1435, Printed No.:1763, entitled; "An act to provide a procedure f«r tJae proimirt review of an apportionanent by the legislature or otiier bod^y." Assembly bill. Introductory No. 1120, Printed No. 1875, entitled: ' - "An act to amend the code of civil' proeedure, in reiaiion to tempjxary possession pending condem- nation proceedings." Assembly bill, Introductory No. 1286, Printed No. 1396, entitled : "An act to authorize the state arehitect to re- ceive tenders of sale or gift to the state or real estate in the city of Buffalo, as a site for a state buildinjgin said city, to contain ail branch offices of state officers, bureaus or departments located or , iie^d^sd in said city, and to a^ithor^^e the, city of BufEaJo to piff^ or tender the sale, or gift of such a site."' ' ' " ,„ Veto Messages 353 Senate bill, Introductoiy No. 409, Printed No. 430, Assembly Reprint 2792, entitled : "An act to umend the transportation corpora- tions law, in relation to the acquisition of landstby gas corporations." Senate bill, Introdiietory No. 1782, Printed No. 2355, entitled : ' ' - "An act to amend the' general city law, in rela- tion to the powers of cities. " \ ' Assembly bill, Introductory No. 322, Printec^ No. 326, entitled : • ' >■ ' '' ■ '■:-, "An act to provide. a building at the New York Agricultural Experiment Station, and making an appropriation therefor." Assembly bill, Introductoi*^' No.' 606, Printed No. 626, entitled : ' '"An act to amend the code of criminal proced- ure, in relation to return of depositions." Assembly bill, Inti'oductory No. 1546, Printed No. 1719, entitled : ' '' "An act to abolish the grade crossing of the New York Central and Hudson River railroad and the Buffalo, Rochester and Pittsburg railroad at Brown street in the city of Rochester." Senate bill, Introductory J^pf 1286, Printed No^ 2'276, entitled: ^^ , , ,,, , ., ; "An act to .amend the transportation corpora- tions law, in relation to the ownership or Ctintrol of stock and bonds of freight terminal companies by certain corporations ahd joint stock associa- tions." 12 354 Public Papers of Goveestoe Sulzee Senate bill, Introductory No. 1097, Printed No. 1594, entitled : "An act to amend the navigation law, in rela- tion to the inspection of docks and piers by the superintendent of public works. ' ' Assembly bill,, Introductory No. 1471, Printed No. 2549 (Senate Reprint 2'32S), entitled: "An act to amen4 the state printing law, in rela- tion, to the number of extra copies of certain re- ports to be printed as legislative documents. ' ' Senate bill. Introductory No. 1837, Printed No. 2515, entitled : "An act to provide ways and means for the sup- port of government. " Assembly bill. Introductory No. 1517, Printed No. 2810 (Senate Reprint 2428), entitled: "An act toanaend the highway law, in relation to motor vehicles." Assembly bill, Introductory No. 22213, Printed No. 2817, entitled: "An act making an appropriation for the pay- ment of interest on the debt for highway improve- ment contracted; or to be contracted pursuant to the provisions of chapter two hundred and ninety- eight of the laws of nineteen hundred and twelve, for the fiscal year beginning the first of October, nineteen hundred and thirteen." Sejnate bill,,Inti;o,ductory No. ,1835, Printed No. 2482, entitled: , "An act making an appropriation for the pay- ment for the fiscal year beginning on the first day Veto Messages 355 of October, nineteen hundred and thirteen, of in- terest on the Palisades Interstate Park debt con- tracted under article seven, section four, of the constitution. ' ' ^ Senate bill, Introductory No. Ii8'37, Printed INTo. 2513, entitled : "An act making an appropriation for the pay- ment for the fiscal year beginning on the first day of October, nineteen hundred and thirteen, of in- terest on the canal debt contracted or to be con- tracted under article seven, section four of the constitution. ' ' Senate bill. Introductory No. 1838, Printed No. 2612, entitled : "An act marking an appropriation for the pay- ment of interest on the debt for barge canal term- inals contracted or to be contracted under the pro- visions of article seven, section four of the con- stitution. ' ' Senate bill. Introductory No.' 1834, Printed No. 2514, entitled : "An act making an appropriation for the pay- ment of interest on the debt for highway improve- ment contracted or to be contracted under article seven, section twelve of the constitution,, and as provided by law for the fiscal year beginning on the first day of October, nineteen hundred and twelve. ' ' Senate bill, Introductory No. 1839, Printed Noi 2511, entitled: ''An act making an appropriation for the pay- ment of interest on the debt for highway improve- 356 Public Papbks op Goveenok Sulzee ment contracted or to be contraicted' under article seven,, section twelve, of the constitution, and as provided by law, for the fiscal year beginning on the first day of October, nineteen hundred and 1/liirt-GGii '' ' ( Signed) ''' ' Wik; ' StJLZEE Statement by the Governor Regarding Appropriations for the Year 1913, Together with MemorandapState- ment of Appropriations State of New York — Executive Chamber " ' Al'banV, June 2, 1913. The memoranda I haye filed ^ith the annual appro- priation bill and the annual supply bill,, §aid. Governor Sulzer, show , the various it^ms in these bills which I have vetoed in accordance , with my constitutional rights. i ^ , , The items in the appropriation bill which have been disallowed amount to $411,090; the items in the supply bill which have been disallowed amount to $2,738,- 416.87. The total items which I have vetoed in these two bills amount to $3vM9,'511.87. Every effort has been made to economize^ without crippling any agency of good government, or 'paralyz- ing any worlAiy' institution of thie State. ■ " The reason the appropriations are mor^'^this year than last year will be apparent to any intelligient citi- zen who/AYill study i^^ figures. ,]|tlany (Of the appro- priations made this year should have been ma4e last year. Some were vetoed last year and hence had to be made this year ^ or xhe object desired abandoned. a;(s.! - Veto. Messaxjeb *i >ija'j4 357 Our Sisate is '■ growing ■ apace, and every year the Legislature is creating more agencies tkat demand in- creased annual appropriations. These/; of course, multiply' very rapidly.ii We can aot very well istaaad stUi witltoui retrograding. »! believe in progress. If we are to go forward we must realize tliat to do the work incumbent upon, the State alojag charitable, edu- cational, progressive, and humanitarian' lines more money must be appropriated each year to economically administer State affairs and^do justice to humanity. Notwithstanding what has often been done in the past, I have concluded, as a matter concerning the general welfare,^that I would not cripple, nor destroy, any agency for good government to make a false record for economy. However, the figures now sub- mitted to the taxpayers of the State will show that I have saved them in these two appropriation bills more than three iminions of dollars, to say nothing about special appropriation bills which I have vetoed wher- ever I have thought they were ilnnecessary. Very few salaries have been increased — and these wej?e more than justified. The increased expense of the State,. government are all for worthy purposes and along lines of great reforms that will ultimately accomplish lasting benefits for all the people. Charity and education receive most of these increases. Our citizens I believe favor these reforms. When the en- tire matter is careful-lyeonsid'ered' I feel confident that every dollar appropriated will be justified in the del03erate jiidgmenfc of the far-seeing i and patriotic taxpayers. False economy never pays.'i(! ■ ift)-. i T I know our peoplte do not want me to be penny wise and pound foolish; in other words, to cripple good 358 Public Papers oi' Govebnor Sulzer agencies, and paralyize State institutions, in order to make a record of keeping down appropriations to what they were a few years ago, to say nothing about the reasons that made them unnecessary then and ab- solutely necessary now, unless the State wants to take a foolish step backward in the great work it is doing for the common weal and the general welfare. The record as herein presented of the appropria- tions for 1913 and 1914 to administer along efficient lines the tremendous affairs of our State government speaks for itself, and I know will ultimately command the approval of the people of the State generally. (Signed) WM. SULZER Memoranda — Statement of Appropriations. State of New York — Executive Chamber Albany, June 2, 1913. Memorandum filed with Assembly bill, Introductory No. 1798 (Senate reprint No. 2520), entitled: "An act making appropriation for the support of government. ' ' The appropriation bill, as approved, carries $29,825,897 29 The supply bill, as approved, carries. . 4,182,905 73 The special bills, as approved, carry. . 13,715,365 47 The total approved appropriations,, in- cluding all the appropriations from the general fund, amount to. 47,774^68 49 Veto Messages 359 The sum of $29O,3e2.0O from the High- way Improvement Fund, the sum of $2,000.00 from the Military Record Fund, and the sum of $152,;340.00 from the Prison Capital Fund, amounting in the aggregate to $444,722 00 are appropriated in addition to the foregoing amounts, so that. the ap- propriations for the support and naaintenance of the State depart- ments and institutions reach a total of , 48,1618,800 49 The corresponding appropriations of ' the year 1912 were 45,558,598 86 Increase in the total appropriations from the general fund of this year over those of last year is 2,610,291 63 During the last fiscal year, owing to mandatory in- creases in the salaries of employees of State hospitals and the increased cost of food siipplies, it has been necessary to enlarge the appropriation for mainte- nance of State hospitals and State charitable institu- tions. There are also heavy deficiency items in the supply bill to make up for inadequate appropriations for last year for the support of the' State's dependents. The combined appropriation and supply bills for this yeair contain items for the support of State Hospi- tals for the Insane aggregating $752,649.33 more than provided in 1912. . j > The combined appropriation and supply bills for this year contain items for the support of State Chari- table Institutions aggregating $533,323.22 mbre than provided in 1912. ' - ' 360 Public Papees of Go'vternoe Sulzek Special bills, making appropriations for new build- ings and for necessary improvements and repairs in old buildings for the State Hospitals and Charitable Institutions, aggregate $2,213,;2'7i3. The appropriatioris for maintenance and repair of State highways are $913,141.&9 larger than in 1912. Owing to legislation enlarging the State Labor De- partment and the State Health. Department, the in- creased appropriations in these two department ag- gregate $'530,561.3!9. To summarize: ; ' The total increased appropriations for the benefit of hospitals, charitable institutions, highways. Labor and Health Departments aggregate $l,i732,644.53. For the promotion of education there' are also largely increased appropriations. I approved a spec- ial bill for various improvemeHts at the College of Ag- riculture at Cornell, amounting to $3134,000; a spedal bill for the erection of a College^qf, Forestry at Syra- cuse, amounting to $250,000; a special bUl for the Long Isla,nd, College of Agricijlture,, amounting to $190,000 ; a, special bill for the College of Agricultu.i;e at. Delhi, amounting to $50,000; an appropriation for improve- ments to the Schoharie Sch,ool of ^agriculture, amount- ing to $20,0001^, and for the establishment of , Farm Bureaus, $25,000. These contributions to educational work aggregate $86i9,0QQ. . ^ For the , encouragement of patriotism among the youth X, approved bills carrying appropriatipns for the celebration of the battle of Lake Erie, fpr the; celebra- tion of thebattj-e of Plattsburgh, jfpr the commemora- tiou of the anniyersary of the battle of Grettysburgr for, the acquisition of .tlie JBe^njngton battlefield, and some smaller items, aggregating in all $161,000. Veto Messages . ■■ ■ 361 For the work of continuing the reconstruction of the Capitol to repair the raVa^ of the fire of 1911, and also to finish the iiew educational building, there has been appropriated $1,689,500. ., ^ While the appropriations are somewhat higher than those of 1912, the sbeiiefits are distributed in every part of JtljeState ;, provision has been made for proper care of those dependent upon us, and I ha^ve carefully con- sidered the necessity of every item of appropriation which has been approved. " '''■*' 'P''-^---- - ' '• The items in the appropriation bill which have been disallowed amoumt to $411,090. ; ,: The items in the supply bill which have been disal- lowed amount to $2,738,416.S7. ' ' The total vetoed items in these two bills are $3,14'9,- 511.87. The reasons for these disallowances appear in the statements attached to the respective bills. The Committee of Inquiry, appointed by me at the beginning of the session, reported that there is in the various sinking funds maintained by the Comptroller a surplus of $17,669,212.45, and recommended legisla- tion reorganizing these sinking funds and providing that interest and principal this year be cared for out of this surplus. The bill presented by the Committee of Inquiry perished, in, the Assembly the last night of the session, after having passed the Senate, and sev- eral bills appropriating interest but making no pro- vision for principal, passed both houses of the Legis- lature and came to me for approval. I have deemed it wise to disapprove all of these bills, appropriating interest, and shall present the subject of the sinking fund contributions to th6 special session of the Legislature which has been called by me. (Signed) WM. SULZER 362 Public Papees of Governor Sulzer Items of Appropriation Objected to Contained in the Annual Appropriation Bill State of !N"ew York — Executive Chamber, Albany, June 2, 1913. Memorandum filed with Assembly Bill ISTo. 1798 (Senate re- print No. 2529), entitled: "AN ACT making appropriations for the support of government." Statement of items of appropriations of money contained in said bill which are severally objected to, to wit : Page 7 under the head of "Administrative": SECEETARY OE STATE. Inspection Board. Eor salaries of necessary employees and other ex- penses in connection with the inspection bureau of the automobile department, ninety thousand dollars. ' $90,000 00 It does not appear clear to me that any considerable amount of increased revenue would be derived from the proposed enlarge- ment of the automobile department. Page 11 under the head of "Administrative ": COMPTROLLEE. Services and Expenses. For salaries of counsel, examiners, auditors and assistants and for the necessary ■ traveling and other expenses in carrying out the provisions of section forty-five of the executive law and sec- tion sixteen of the finance law, seventy-five thou- sand dollars. $75,d00 00 Veto Messages 363 It appears to me that the comptroller should temporarily assign present employees of his department to the audit work contem- plated, and that the amount of forty thousand dollars ($40,000) authorized by a special bill, which has been approved, would be sufficient to organize the work and carry it during the j*esent year. Page 16 under the head of "Administrative " : * COMPTEOLLEK. Expenses. For actual and necessary traveling expenses of the examiners and detectives in the performance of their official duties, for dies, plates, and printing necessary for the manufacture of stamps and for stationery, books, blanks and other necessary in- cidental expenses, twenty-one thousand dollars. $21,000 00 This amount does not seem necessary at this time. Pages 18-19 under the head of "Administrative": TREASUEEE. Office Expenses. For furniture, books, blanks, binding, printing and other incidental office expenses, three thousand dollars or so much thereof as may be necessary. $3,000 00 Teaveling Expenses. For the actual and necessary traveling expenses of the deputy treasurer and other employees of the office, five hundred dollars or so much thereof as may be necessary. 500 00 An appropriation for office expenses is contained under the head of " Postage and Transportation " and there appears to be no good reason for the new item to provide for traveling expenses for the deputy treasurer. 364 Public Papers of ©(wisiiiroE Sulzek Page 24 under tie head oi "AdmiiiiigEtarativ© " : (JIYIL SEEVIOE OOMMISSICm. Postage and Transport ATioisr, Eor postage and transportation ofi letters;, official documents and other matter sent by express or freight, including boxes or covering for same, three thousand dollars. r .;/',, •; $3,(KK) 00 The appropriation for €lffic& expenses has been increased two thousand dollars ($2,000) and postage can properly be considered office expenses. There appears to be no good reasons for nearly doubling this item of expense. ' rrr--_> Page 45 under the head of " Judicial " : STATE, BOARD OE CLAIMS. court stenographer, three thousand dollars. $3,000 00 GrEADED Employees. "Eleventh grade> one employee, three thousand dollars. 3,000 00 This increase of salary was disapproved by the State Board of Claims. ' Page 47 under the head of " Eegnlktrve " : DEFAETMENT OF EXCISE. ■ assistont financial clerk, ctae thousand^ t'wto hun- dred dollars; ' " ' $1,200 00 There appears to be' no impe'rativfe' neccessity at this time for additional employee.' • i . , ■ ,.:■ Page 48 under the head of *' Regulative " : DEPARTMENT OP EXCISK Eifth giTade, two employees, one thousand eight hundred dollarsl' ' $1,800 00 Fourth, grade, one employee, seven hundred twenty dollars.' '' ""' ' 720 00 There appears to be no imperative necessity at this time for additional employees. Veto Messages 365 Page 49 under the head of "Emulative": DEPAETMENT OP EXCISE. Eighth grade, one evtspbyyv^, nine hundred dollars. $900 00 There appears to be no imperative necessity at this time for additional employees. Page 50 under the head of " Regulative " : . , . DEPAETMENT OF EXCISK Eighth grade, one employee, nine hundred dollars. $900 00 There appears to be no imperative necessity at this time for additional employees. Page 61 under the head of, " Eegulative " : DEPAETMENT OF EXCISE. Seventh grade, one employee, seven hundred fifty dollars. $750 00 There appears to be no imperative neceBBJty at this tiiae for additional employees. Page 54 under head of " Eegulartive " : DEPAETMENT OF HEALTH. Postage and Teanspoetation. For postage and transjiortation of letters, official documents, and other matter sent by express or freight, including boxes or covering for same, eight thousan4|dQ|laJ-s, , ,, , ,, $8,000 00 A sufficient amount has been /allowed under the head of " Office Expenses " to proyide for ^11 necessary postage. Page 55 under head of "Eegulative',': DEPAETMEJSTT OF HEALTH. Inspection engineer, one thonsamid five hundred dollars. ■ $1,500 00 There appears to be more engineers provided for than necessary. 366 Public Papers of G-overjstok Sulzeb Page 61 under head of " Kegulative " : DEPAETMENT OF LABOR Contingent Expenses. For temporary clerical services, and for contingent expenses of the industrial board, five thousand dollars, or so much thereof as may be necessary. $5,000 00 Ample provision is made in the item under head of " Traveling Expenses " to provide for the needs of the industrial board. Page 74 under the head of " Regulative " : STATE BOARD OF TAX COMMISSIONERS. Tempoeaey Seevices. For temporary services, one thousand dollars. $1,000 00 Ample provision is made in other items for all necessary em- ployees. Page 75 under head of " Regulative " : STATE SUPERINTENDENT OF WEIGHTS AND MEASURES. Bulletins. For bulletins of instructions to dealers, weights and measures officials, five hundred dollars. $500 00 Ample provision is made in other items for necessary printing matter. Page 76 under head of " Regulative " : STATE ATHLETIC COMMISSION. Ghaded Employees. Second grade, one employee, three hundred dollars ; $300 00 Office Expenses. For printing, office supplies, telephone and tele- graph services, postage, expressage, stationery, temporary services, books and other necessary and incidental office expenses, two thousand dol- lars, or so much thereof as may be necessary. 2,000 00 Veto Messages 367 Items disapproved are in excess of the statutory amount of five thoiisand dollars ($5,000) allowed by creative act. Page 85 under head of " Educational " : EDUCATION DEPARTMENT. Seventh grade, two employees, three thousand dol- lars. $3,000 00 There appears to be no imperative necessity for additional em- ployees at this time. Page 104 pnder head of "Agricultural " : DEPARTMENT OE AGRICULTURE. Diseases of Plants. For the purpose of investigating diseases of gladioli and other bulbous plants, two thousand dollars, or so much thereof as may be necessary. $2,000 00 There are no available funds at this time to provide for the work contemplated in this item. Page 112 under head of " Penal " : STATE PRISONS. Farm foe Women, consteuctioiir, equipment and maintenance. For the state farm for women, pursuant to chapter four hundred sixty-seven of the laws of nineteen hundred and eight, fifteen thousand dollars. $15,000 00 There are no available funds to provide for the work cbntem- plated in this item. Page 114 under head of " Penal " : STATE COMMISSION OF PRISONS. Traveling Expenses. For actual and necessary traveling expenses of the commissioners and secretary in the performance of their official duties, two thousand five hundred dollars. $2,500 GO 368 Public Papers of GrovEEiifoK Sulzek IifS3?BCTOBs-' Expenses. For actual and necessary traveling expraises of the inspectors, four Imndred dollars, or ao niuql^; ^ thereof as may be necessary. $400 00 The increased amount appropriated under the title " Office Ex- penses " make these items unnecessary. Page 125 under head of " Charitable " : STATE BOARD OF CHARITIES. Fourth grade, five employSies, three thousand six hundred dollars. ' $3,600 00 Third grade, two employees, one thousand two hun- dred dollars. 1,200 00 There appears to be no imperative necessity at this time for ad- ditional employees. Page 126 under head of " Charitable " : FISCAL SUPERVISOR OF STATE CHARITIES. general inspector, one thousand five hundred dplr lars; $1,500 00 inspector of cattle, one thousand five Kundred dollars; ' 1,500 00 special inspector, one thousand five hundred dol- lars; 1,500 00 inspector of machinery, one thousand two hun- dred dollars. ' ■ 1,200 00 There appears to be no imperativct necessity at this time for additional employees. Page 134 under head of " Protective " : CONSERVATION DEPARTMENT.: three deputy commissioners, five thousand dol- lars each, fifteen thousand dollars; $15,000 00; This item increases the salaries of depim^ et^niBiBsionera irom three thousand five hundred dollars ($3,560} eadh to five tiiousand dollars ($5>000) each. It is my opinion that this deparfew^t is Veto Messages 369 already overloadedi with higkrsalaried employees, and that the cost of maintenance should be reduced rather than increased. Inas- much as there is no way by which I can reduce this item to, the sum necessary to continue the officials at the salaries formerly pro- vided, I am compeBed to either approve or disapprove in toto. The attempt to increase the salaries is unjustifiable. Page 135 under head of " Protective" : CONSEEVATION" DEPAETMENT. five confidential agents at .one thousand eight hun- dred dollars each, nine'thousand dollars; $9,000 00 The number of confidential agents is increased in this item from four to five, for no other apparent reason than to create a new position. I am compelled to either approve or disapprove the item in toto, and cannot countenance the, provision for additional em- ployees. Page 136 under the head of " Protective " : OOlSrSERVATIOW DEPARTMEWT. For traveling expenses of the counsel to the commission, fifteen hundred dollars, payable monthly in full for all such expends. $1,500 00 The actual and necessary tra,veling expenses of the counsel is provided in the general itenji, entitled " Traveling, Expenses." The item disapproved siniply increases the salary of the counsel by subterfuge, in directing payments to him of fifteen hundred dollars ($1,500) additional in monthly installments. Page 137 under the* head. of " Protective": GONSEEVATION DEPARTMENT. ADBiTibNAL' Employees; Eor salaries and expenses of such necessary em- ployees as the commissioner in charge of the divi- sion of fish and game may deem necessary to be employed in the division df fish and game fn«r the protection of the same, sixty-seven thousand dol- lars. = i^ - $67,000 00 370 Public Papers of Governor Sulzer There appears to be no imperative necessity at this time for additional employees. Page 137 under the head of " Protective "; COlsTSERVATIOlSr DEPARTMENT. Maeih-e Fisheries Bureau. OFFICIAL salaries. For salaries of : supervisor, five thousand dollars; $5,000 00 deputy supervisor, three thousand dollars: 3,000 00 These amounts provided increases in salary and no reason shown for such increase. Pages 143 and 144 under head of " Protective " : ■STATE FIEE MARSHAL. Tenth grade, two employees, four thousand eight hundred dollars. $4,800 00 Ninth grade, two employees, four thousand two hundred dollars. 4,200 00 Seventh grade, two employees, three thousand dollars. 3,000 00 Steam Boilee Bureau, graded employees. Eighth grade, one employee, eighteen hundred dollars. $1,800 00 Sixth grade, fifteen employees, eighteen thousand dollars. 18,000 00 Fourth grade, one employee, seven hundred and twenty dollars. 720 00 Investigation Bureau, graded employees. Seventh grade, four employees, six thousand dol- lars. $6,000 00 Sixth grade, one employee, twelve hundred dol- lars. 1,200 00 Fifth grade, one employee, nine hundred dollars. 900 00 Veto Messages 371 Explosive Bueeau. graded employees. Sixth grade, five employees, six thousand dollars. $6,000 00 Fifth grade, one employee, nine hundred dollars. 900 00 Provision has been made for very great expansion of this de- partment, although it was developed by the Committee of In- quiry that a large surplus of funds provided by the Legislature of 1912 remains unexpended. There appears to be no impera- tive necessity at this time for additional employees. Page 149 under head of " Protective " : FIRE ISLAND STATE PARK. Salaries. For salaries of: secretary and treasurer, five hundred dollars ; $600 00 bathing master, two hundred and fifty dolla,rs ; 250 00 two carpenters, fourteen hundred and forty dol- lars; 1,440 00 four laborers, fourteen hundred and forty dol- lars; 1,440 00 other help, two hundred and twenty-five dollars. 225 00 INCIDENTAL Expenses. For incidental expenses, two thousand dollars. $2,000 00 There appear to be more employees than necessary to properly protect this small park. Page 151 under head of " Protective " : PHILIPSE MANOR HALL AT YONKERS. For salary of watchman, seven hundred and fifty dollars. $750 00 There appears to be no imperative necessity for additional em- ployees at this time. (Signed) WM. SULZER. 372 Public Papebs of Governoe Sxjlzee ITEMS OF APPROPRIATIONS OBJECTED TO CONTAINED IN THE ANNUAL SUPPLY BILL. State of New York — Executive Chambee, Albany^ June ^, 1913. Memprandmn filed with Assembly Bill No. 1797 (Senate re- print No. 2530), entitled. "AN ACT making appropriations for certain expenses of government thereof." Approved ^34 Public Papeus oi'' Govehnor Sulzek .■ This bill amends the law of 1909 (chapter 14) by making more stringent provisions against discrimina- tions on account of race, creed or color in places of public resort. It provides that no person being the owner, lessee, proprietor, mapager, superintendent, agent or employee of a place of public accommodation, resort or amusement shall deny any person such accommodation, etc., or publish, circulate, issue,, dis- play, i^ost or mail any written or printed communica- tion, notice or advertisement, tp the effect that any of the accommodations, advantages and privileges of any such place shall be refused or denied tp any per- son on account of race,, creed or color, or that such persons are unwelcome., The production of any such written communication, notice or advertisement is presumptive evidence in any civil or criminal action that the same was authorized. A place of public accommodation, resort or amuse- ment within the meaning of thi^ article shall be deemed to include any inn, tavern or hotel, whether conducted for the entertainment of transient guests or for the accommodation of those seeking healtli, recreation or rest, and any restaurant, eating house, public convey- ance on land or water, bath house, barber sKop, theatre and music hall. The provision permitting the denial of such accom- modation, etc., to any citizen except for reasons alike to all citizens of every race, creed or color, and regard- less of race, creed or color, is stricken out. Violation of these provisions, or the aiding or inciting of such violations shall subject the persons above mentioned to a penalty of not less than one hundred nor more than five hundred dollars*, to be recovered by the per- son aggrieved, or by any resident of the State to Memoranda on LegisIjATive Bills Appeoved 435 whom such cause of ■ action lias been assigned, to be recovered in any court of competent jurisdiction in the county in which the plaintiff or the defendant shall reside. A violation is also a misdemeanor, punishable by fine of not less than one hundred dollars nor mOr'e than five hundred dollars or by imprisonment for not less than thirty days or more than ninety days, or by both such fine and imprisonment. I approve this bill. (Signed) WM. SULZER To Promote Efficiency and Economy in the Public Ser= vice, Providing for Appointment of a Commissioner and Establishing State Board of Estimate , State of New Yoek^ — • Executive Chambee Albany, April 14, 1913 Memorandum filed with Senate Bill, Printed No. 1610, entitled : , , "An act 1;o promote , efficiency and economy in the public service and to create a, department of , efficiency aajdi„ .economy and to authorize the ap- pointruent of a ,9fiinn^issioner of efficiency and economy as, the, head of such d^p^-rtment," and With Assembly Bill, Printed No. 1149, entitled: "An act to establish a state board of estimate and to prescribe its powers and duties." Approved The recent report of the Committee of Inquiry emphasized the obvious fact tliat there is an unfor-r 436 Public Papebs ob^ Gtoveknok Suj;^zEp,, ,; tunate lack of system and method iu the admiuigtra- tion of the business of th(3 State — a wide departure, from anything like uniformity and an unscientific Sj^d^ wasteful absence of the appropriate provisions of pro- moting economy, the limiting^ of expense of the ,^tate, government to its actual and reasonable needs, and the elimination of incorrect and exisensive niethods of pur- chases and expenditures. , , ,,, ,,..,: The investigation and report of; the Committee of Inquiry fully demonstrated that the business and financial affairs of the Empire State have been con- ducted without system, extravagantly and with divided responsibility, in a manner which would bring bank- ruptcy and ruin to any business not having the Te-i sources of the State. : . , . Eadical reforms in the conduct of the financigl and business administration of the affairs of the State as a whole were suggested in five bills, drafted under my supervision by the Committee of Inquiry. Two of these measures are the bills that have Just received my approval. The first bill creates a State Department of Effi- ciency and Economy, havihg at its head a commis- sioner, with a term of five years. He has the power to appoint deputies, clerks, assistants and expei'ts and to fix their salaries. He is '^iven broad powers of inquiry, including the right to issue subpoenas and ex- amine witnesses under oath in investigations bearing on the business methods of the State departments. It will be the commissioner's duty to recommend to the Governor and to the heads of the departments, improvements in the administration of the govern- mental bodies. The second bill creates a State Board" of Estimate, the functions of which are to be along the lines of those Memoranda on Legislative Bills Approved 437 exercised in the administration of New York city by the Boa^'d of Estimate and Apportionment. The State B,oaj:d of Estimate is. to be composed of nine members ^the Governor, the Lieutenant-Governor, President Pro Tern, of the Senate, Chairman of the Senate. Fi- nance Committee, Speaker of the Assembly, Chairman of the Assembly Gprnmittee on Ways and Means, the Coimptroller, the Attorney-General and the Commis- sioper of Efficiency and Economy. This bill provides that the Governor shall be the president : pf the board and that the Efficiency and Economy Commissioner shall be its secretary. In general, the duties of the board will be to make up the State budget after expert examination into the necessity and expediency of the amounts requisite in the State departments for appropriations from the general fund. This board is given broad powers of investigation. Among its duties is that of estimating and setting aside out of the revenues of the State what is needed annually f pi^ the sinking funds, created for the payment of interest on, and the amortization of, the State's funded indebtedness. I believe that a competent efficiency commissioner, acting in an advisory capacity, will greatly improve the methods of conducting business in all the State departments. The Board of Estimate should be able to systematize the making of the budget and will, it is hoped, in a l^rge measure .abolish all haphazard appropriations. I believe that the examination and investigation of th|e estimates made of the State departments by' this Board of Estimate, which is a body separate and apart f iTprn the Legislature, will make for system and render it more difficult to inject ill-considered items into the appropriation bills. 438 Public Papeks oi? Goverkok Sulzek When the pending legislative measures, creating the State Board of Contract and Supply, and giving the State Comptroller fuller and more adequate powers of audit, and erecting the necessary machinery therefor, have been placed upon the statute books, with the two measures I have just approved, the State of New York will have the best machinery in the Union for the public administration of its State government, and will be placed for all time on a sound progressive and constructive business basis. (Signed) WM. SULZER Amending Greater New York Charter, for the Relief of the Destitute Blind in the City of New York State op New York — Executive Chamber < Albany, April 16, 1913 Memorandum filed with Assembly Bill, Printed No. 2045, entitled: ' ' An act to amend the Greater New York charter in relation to expenditures for the relief of the blind." Approved My approval of this bill will give relief to some hundreds of destitute blind in the city of New York who are not inmates of any public or private institution. The purpose of the bill appeals to me. The destitute are entitled to our charity, and doubly so are those who are not merely destitute, but in addition, are afflicted with blindness. Memoranda on LegisijATIvb Bili.s Approved 439. The money to be exj)ended for tliis truly humane, and philanthropic purpose is to be raised in the city of New York, and the measure before me was introduced at the request of the Departnient of Charities of said city, and has received the approval of the Mayor, after a public hearing, and at no stage in the career of this bill has a single person voiced any opposition to it. Although it is possible that since my approval of the Home ftijle Bill for Cities (now chapter 257 of the Laws pf 1913), this object could be accomplished with- out the action of the State Legislature, rather than have any delay in the furnishing of necessary aid to these unfortunate blind, and for the further reason that I am heartily in sympathy with the purposes of th^ bill, I gladly approve the same. :; ' (Signed) ^WM.SIJLZEE Amending Labor Law, Relative to Protection of Em- ployees Operating Machinery, Dust=Creating Ma- ehinery and the Lighting of Factories and Work Rooms State of New York — Executive Chamber Albany, April 16, 1913 Memorandum filed with Assembly Bill, Printed No. 1705, entitled: ^ "An act to amend the Labor Law, in relation to the prot^ction of employees operating machinery, dust creating machinery, and the lighting of fac- tories and work rooms. " Approved 440 Public Papeks oi'' Goveknob Sulzbk This bill amends the section of the Labor Law relat- ing to employees operating machinery. Among other changes it strikes out those provisions of section 81 of the Labor Law, which at present places discretion in the Commissioner of Labor and confers upon the Industrial Board power to make rules and regulations regarding the installation, position, operation, guard- ing and use of machines and machinery in operation in factories and the furnishing and use of safety devices and of guards to be worn upon the person and other matters. It provides, in considerable detail, additional regu- lations for dust-creating machinery and for the light- ing of factories and work rooms. This particular bill, with the large discretionary powers lodged with the Industrial Board will in the near future, it is hoped, require all the factories in the State of New York to be equipped with the latest and most modern safety devices against industrial acci- dents, as well as in a large measure, reduce the amount of sickness and frequent loss of life through the con- traction of occupational diseases from dust-sprelading machines and lack of proper sanitation, spacing and lighting of factory work rooms to the lowest possible minimum. This measure will not only tend to conserve human life and energy pf our large mass of citizens who are necessarily required to spend the largest portion, of their time in our factories to secure a livelihood^ but, in my opinion, in addition will increase the productive efficiency through a larger output with the result of an economic and financial gain to the employers and manufacturers as well as to the employees and operatives. (Signed) WM. SULZEE Memoeanda on Lbgisla'j:i\-e Bili^s Approved 441 Relative to the Salary of the Sheriff of Oneida County and the Care and Maintenance of Jails and Prisons in Said County State of New York — Executive Chamber Albany, April 16, 1913 Memorandum filed with' Senate Bill, Printed No. 1923, entitled: "An act to amend chapter three hundred and twenty-one of the laws of one thousand eight hun- , ,(Jf 6^ : 3iid ninety-eight entitled ' An act to make the office of the sheriff of Oneida county a salaried office and to regulate the management thereof,' in relation to the salary of the sheriff and the care and maintenance- of jails and prisoners." Approved After careful consideration T have finally given my approval to this bill, because I believe it to be in the interest of the economic administration of the office of the sheriff of Oneida county. Concerning this measure, I have received many communications from the citizens of the community affected; and, in addition, my attention has been called to statenaents in the public press, that the method, under the present existing law relating to the board of prisoners in the county of Oneida, has caused enormous and iinnecessary expense, which I believe the enactrijQnt ^ of this measure will correct and eUininate. In the interest of econoniy, and with the sole desire to aid the citizens of the county of ()neida to effect a 442 Public Papeks of (tovernor SulZek saving of thousands of dollars every year in the administration of the office of sheriff, I have deter- mined to give my approval to this bill. (Signed) WM. SULZER Amending the Education La\y, Relative to Establish- ment of Scholarships for the Aid of Students in Colleges State of New York — Exectttive Chambeb Albany, April 16, 1913 Memorandum filed with Senate Bill, Printed No. 859, entitled: "An act to amend the education law, relative to the establishment of scholarships for the aid of students in colleges." Approved This bill affords substantial assistance, through a college course of four years, to students from all parts of the State whose exceptional merit has been demon- strated, Their selection will be by proper tests of examination and the choice will be by merit. This measure will place within the reach of every boy and girl in the State, who may desire it, a college education, and therefore bring the college influence to the uplift of ail the people. It will be several years undoubtedly before the 3,000 scholarships created under this bill will all be awarded, and the expense to the people of the State will be gradual. When all scholarships are finally filled, the animal expense to the State will be $300,000, and the Memokanda oisr Legislative Bills Appeoved 443 results obtained will be practically the equivalent of the maantenance o£ a State university. The States which maintain State universities spend millons of dollars annually upon these institutions. The influence of these scholarships will be felt down through the whole secondary and even the elementary school systems. The creation of these scholarships is the ^greatest permanent contribution to the interest of higher edu- eation in the State that has been made in all our his- tory, and means the assistance of large numbers of the most deserving boys and girls of the State to a collegi- ate education. I have always been a believer in liberal education for the young men and women of our country. The more intelligence there is among the people the, mo re secure will be our free institutions. Tht' young men and wottien of to-day are the administrators of the State to-morrow. The very foundation of our system of Democratic government rests on the enlightened intelligence of our citizens. The greater the number of educated citi- zens; 'and the higher the plane of their intelligence, the more permament will be true Democracy — and the government of and by the people. This measure for higher education now written on our statute books makes for progress,' and for decades yet to come will constitute a landmark in the annals of our advancing civilization. (Signed)" "WH. STJLZEB 444 PuBEic Papers .op Gtoateenob Sxtlzee To Provide for the Maintenance and Government of the New Yoric State Nautical Scliool State OF, New Yoek, — ExECupvE Chamber Albany, April 17, 1913 Memorajadum filed with Assembly Bill, Printed No. 2350, entitled : "An act to provide for the main tena,nqe,an^ government of a school for the education and training of pupils from, the varix)Jis counties of the state ; in the science and practice . , of navigation, seamanship, steam and electrical engineering." ; i,.! Approved The bill provides that in the event of the Board of Education of New York city deciding to discontiniig the IvTew York Nautical School, the Govei-npj shall ,ap- ]joint a Board of Governors of the NeAV York State Nautical School, to l)e maintained at the city of Ne.w York, foi: the purpose of igiving instruction in the science and practice of navigation, seamanship, steam, and electrical engineering to pupils of the several counties of the^ State who are of good moral character and .have the necessary qualificati,ons. , There are to be nine members of this board of gov- ernors, to-wit: the Commissioner of Education of the State of New York and eight appointive members, one of whom must be a member of the Cham^ber of Com- merce of the City of New York; one a member of the Maritime Association of the Port of New York; one a member of the Marine Society ; one a member of the New York Board of Trade and Transportation; one Memobanda 05sr Legislative Bills AppbOved 445 an alumnus of the New York Nautical 8ohool; one a member of the Buffalo Chamber of Connnerce; one a member of the Albany Chamber of Commerce; and one a New York Member of the Nautical Board of Steam Navigation. Three are to be appointed for one year ; three for two years, three for three years. They are to serve without pay, but are to be allowed their actual expenses in attending meetings of the board. They may take over for the purposes of the school the United States ship ' ' Newport, ' ' or thoy may apply tb the United States government for a more suitable vessel or' vessels^ as may be required and the Secretary of the Navy may detail. The bill appropriates $100,000 for the expenses of the school during its first year. I have always been strongly in favor of increasing the eflSciency of our merchant marine. I am a friend of 'the great shipping interests of the United States and have done all in my power for years to aid in a practical way the restoration of our merchant marine. While in Congressi I (introduced several bills that, if enacted into law, would give our own people our over- sea carrying trade. The time is at hand to place the American flag again where it- was before the Civil War — on every sea and in every port. We must have more ships; they must be manned by and owned by Americans. I will vigor- ously support every measure to this end until our prestige and supremacy -of the seas are again fully attained. It is a deplorable fact that our once great and power- ful ; deep-sea fleet has vanished, ajidi that an ever- increasing fleet of foreign vessels throngs our ports and monopolizes the carrying of more than nine-tenths of our import and export commerce. 446 PijbxjIC Papeks of Goveirnor Sulzeb The bill now before me places the Empire State in the lead in doing something in, a businesslike way to re-establish our merchaiit marine. , The purpose is properly to instruct the physically fitted youth of our State in the practice and science of navigation andi seamanship, and these graduates will furnish a trained body ofi American seamen equal in all ways to those of the historic days of the American Republic. America builds no deep-sea ships to-day, largely because we have no scientifically trained , seamen to man them. Had we a trained body of American sea- men, the silent American shipyards would be clamor- ous witli the noise of construction of vessels to be manned by our own countrymen. In addition, the graduates of this proposed State Nautical School will be able to serve as naval reserve officers and sailors, available for service under our flag ill case of war. From both a commercial and a patriotic viewpoint, this bill voices a highly commendable purpose and meets with my approval. I have an earnest hope that the establishment of this Nautical School by. the State of New York will receive practical recognition from the United States govern- ment, through the Secretary of the Navy, detailing suitable vessels on which instructions in these import- ant branches of nautical science can be taught and demonstrated, and I shall use every possible influence that I may possess to that accomplishment. I long for the coming of the day when American ships will be on every sea and our flag gloriously float- ing on the breeze in every port. I am willing to go as far as any man in this country to legislate for the Memoranda on LEoisLAtove Bills Approved 447 restoration of tlie American merchant marine to all its former glory and to secure for the American people their just share of thie' over-Seas carrying trade. I know, and every man who has investigated. this sub- ject knows, that our loss of deep-sea commerce is d*ue entirely to our own iniquitous legislation and short- sighted policies. If the American Congress would legislate intelligently regarding this subject, we could restore our m^r,c)ig,nt marine and secure nine-tenths of all our comnaerce op. thq high seas, exports and im- ports, without taking a single dollar from the pock- ets of the taxpayers. This whole subject is a very simple matter when reduced to an intelligent business proposition. If we would only follow in the steps of the fathers, we could speedily restore our ocean-carrying trade, revive our shipbuilding industries, give employment in our shipyards to thousands and thousands, of men in all parts of the country, bring about an era of pros- perity such as we have never known before in our (Shipping trade and deep-sea commerce, place our flag on ships in every sea and make the American sailor what he was in the historic days of the Pepublic — the pride of the people and the arbiter of the ocean high- ways of the world. (Signed) , WM. SULZER, 448 Public Papees of GovpjxoB Sulzeb Amending Labor Law, Relative to Physical Examination of Employees State of New Yoek — ExBctjtivb Chamber Albany, April 17, J-9l^ Memorandum filed with Assembly Bill, Printed No. 1787, entitled : "An act to amend the labor law, in relation to physical examination of employees." Appeoved , This bill amends the Labor Law, by adding a new section 22, providing that whenever an employer shall require a physical examination by a physician, or surgeon, as a condition of employment, the party to be examined, if a female, shall be entitled to have such examination before a physician, or surgeon, of her own sex. An employer requiring, or attempting to require, a female applicant for employment to submit to an examination in violation of this section shall be guilty of a misdemeanor. t tii /,- This bill will remedy an intolerable condition, and is a just and proper recognition by the Legislature of the right of women employees to obtain employment with- out being subjected to unnecessary embarrassment. It merely gives to women the same rights and privi- leges accorded to men, and is a step toward equality of opportunity without regard to sex. It is a good bill, and I am glad to sign it. (Signed) WM. SIJLZER Memobanda on Legislative Bills Appboved 449 Establishment of Workshops in Connection with Tuber- culosis Hospitals or Sanatoriums State op I^ew York — Executive Chambeb • Albany, April 19, 1913 Memorandum filed; with Assembly Bill, Printed No, 2O77, entitled: ,'■ ' ' ' An 9-ct to ainend the general municipal law, in relation to the establishment qf workshops in connection with tuberculosis 1 hospitals or sana- toriums. " , , j . : ;J Appboved Amends the General Municipal Law, by adding neWj.j^pjt^n. 1S5m, ;aujt^prizing any municipal cor- poration maintaj^ng a hospital or sanatorium for the treatment of tuberculosis to establish and maintain workshops in coniiection' therewith for the production of articles or, supplies required by such hospital or sanatorium and by ,any other institution or depart- ment of such municipality. No person may be employed in the workshop so established except in a supervisory capacity, unless he is or has been a patient in the tuberculosis hospital or sanatorium. This bill will enable tuberculosis hospitals to pro- vide suitable work for patients or ex-patients, as a means of promoting the' recovery' of the patiients and rounding out and preserving the health of those who have been discharged from the hdspital. The measure has the warm indorsement of DrMIier- man M. Biggs, General Medical Officer of ' the New York Health Department, and the medical authorities 15 450 Public Papers of Govebnor Sulzbr are generally agreed that tiie selection and perform- ance of work of a proper kind is an important feature in the treatment and after care of tuberculosis sub- jects. Through such workshops the discharged patients would be enabled to remain within the atmosphere and influence exercised by the institution, and it will mean that many of them will keep and preserve the health acquired while at the institution and not speedily' lose it, as so frequently happens in the case of those re- turning to the strain and stress of life in the cities. I approve this bill. (Signed) WM. SULZER Providing for Approval by the State Comptroller of Contracts Exceeding One Thousand Dollars State of New York — Executive Chamber Albany, April 21, 1913 Memorandum filed with Senate Bill, Printed No. 862, entitled : ' * An act to amend the state finance law, in rela- tion to the, powers and duties of the state comp- troller. ' ' Approved This bill is in harmony with my recommendations to the Legislature. It amends the State Finance Law, subdivision 5, section 4 and section 16, by providing that before any contract exceeding one thousand dol- lars, made for or by any State charitable institution, reformatory, house of refuge, industrial board, offioerj Memoranda on Legislative Bills Approved 451. department, board or commission, shall become effect- ive, it shall first be approved by the State Comptroller. Whenever any liability is incurred the Comptroller is to be notified, and whenever any. supplies, or ma- terials are to be furnished, a duplicate invoice is lo be filed in the Comptroller's office. The amendments contained in this bill will place under the supervision of the State Comptroller, prac- tically all contracts which heretofore have been con- summated without the knowledge or scrutiny of the Staite Comptroller. This measure will tend to cause a uniformity in the form and manner of making contracts by all the insti- tutions and officers 'in the State, and will place in the hands of one official, to-wit: the State Comptroller, the facilities for examining all these contracts and in- voices which heretofore have escaped this scrutiny and have remained scattered in the various offices and departments to which they related. It makes toward the concentration and control and the systematizing of these matters; permits of check- ing unnecessary extravagance by the scrutiny of the State Comptroller ; and in practice will promote greater efficiency and more economy in the adminis- tration of State affairs. (Signed) WM. SULZER 452 , Public Pajpeks of G-pvEBNOB Sulzee Authorii;ing Appointment of Interpreters by the Justices of the ApppHatp Division, First Department State oi' New Yoek — Exectjtive Chambee AL.BA-SY, April 22, 1913 Memorandum filed with Senate Bill, Printed No. 1861, entitled : "An act to amend the judiciary law, in relation to the power of the justices of the appellate divi- sion in the first department, to appoint interpre- ters, for the supreme court." Appeoved This bill amends the Judiciary Law, and authorizes the justices 'of the Appellate Division of the Supreme Court, for the First Department, to appoint such in- terpreters as they shall deem necessary. At present the number is fixed at four, but the situa- tion has changed by the immense number of people coming here from Russia, Poland, Hungary and the Slavic nations of southeastern Europe. It has become absolutely necessary that the courts in the department affected should have two Or three additional interpreters in theses languages. I deem this wise and expedient. This bill results from the practical experience of the trial justices of the Supreme Court in the county of New York, where the lack of sufficient interpreters has frequently made it necessary to stop trials until interpreters could be secured, causing a delay in the administration of justice. This measure will aid the administration of justice by permitting these foreigners intelligently to present their cause to the courts without unnecessary delay. (Signed) WM. SULZER Memoeanda on Legislative BilijS Appeoved 453 Amending Penal Law, in Relation to Violations of Labor Law and Industrial Code, Rules and Regulations of Industrial Board of Department of Labor and the Orders of the Commissioner of Labor State of New Yokk — Executive Chambeb Albany, April 22, 1913 Memo|i;^nd]am filed with Assembly Bill,, Printed N^o. 1597, entitled: "An act to amend the penal law, in relation to violations of provisions of the labor law; the in- dustrial code; the rules and regulations of the industrial board of the department of labor, and the orders of the commissioner of labor." Appeoved ,, ^ This bill amends section 1275 of the Penal Law, and repeals section 1273, by making it a misdemeanor for any person to violate or fail to comply with any pro- vision of the Labor Law and of the Industrial Code, or of any rule or regulation of the Industrial Board of the Department of Labor, or for any person know- ingly to make, or permit to be made, a false entry in any time book required to be kept by article 6 of the Labor Law. The first offense is punished by a fine ; and the second offense, by a fine, or imprisonment, or both. Without this amendment to the Penal Law, the newly- organized State Department of Labor, and its new Industrial Board, would have merely the power to make recommendations, without any power to enforce the same. Concededly this measure is necessary to the effective enforcement and administration of the newly-enacted 454 Public Papers of Gtovebnob Sttlzek labor laws, passed at this session of the Legislature, affecting industrial conditions throughout the Stat6^. This law is needed, and I am glad to sign it. (Signed) ,WM. SULZER Amending the Penal Law, in Relation to the Sale of Cer- tain Necessaries of Life During Limited Hours on Sunday State of New Yobk — Executive Ohambeb Albany, April 22, 1913 Memorandum filed with Assembly Bill, Printed No. 2147, entitled: "An act to amend the penal law, in relation to traffic on Sunday." Appeoved This law amends the Penal Law, section 2147, in re- lation to the sal© of certain necessaries of life during limited hours on Sunday. The present law is changed so as to provide that delicatessen dealers shall not be considered as caterers; and delicatessen dealers may serve, sell and deliver, cooked and prepared foods be- tween the hours Of four in the afternoon and seven- thirty in the evening, and before ten o'clock in the morning. At present it is a well-known fact that delicatessen stores in the larger cities of the State are vsdde open all day Sunday. This bill is in substance, a Sunday- closing bill, as it restricts the hours for doing business to a total of six and one-half hours on Sunday. Memobanda on Legislative Bills Appboved 455 Conditions are such in our great cities that it would be a hardship on many purchasers of necessaries entirely to close delicatessen shops all day Sunday. Either from lack of money or facilities for caring for a two- days' supply of food or, as is the case in a great mahy instances, from long-established custom, a large num- ber of our citizens buy their evening meal for; Sunday ia these shops. This bill will, give to the store-keeper and his family ; his Qlerks "and assistants; an opportunity to attend Divine service, or secure a few hours for needed rest or recreation on Sunday. By restricting the hours of opening on Sunday to the time limited by this bill, I am convinced that no great inconvenience will be caused to the purchasing public who patronize these shops, and I trust that this law will be strictly enforced. (Signed) WM. SULZER Amending the Agricultural Law, Relative to the Appoint- ment of Deputies and Employees by Commissioner of Agriculture and Empowering Him to Take Tes- timony in Enforcing Violation of Agricultural Law State of New Yoek — Executive Chambeb Albany, April 22, 1913 Memorandum filed with Assembly Bill, Printed No. 2047, entitled: "An act to amend the agricultural law, in re- lation to the commissioner of agriculture." Appbovbd 456 Public Papers of Govebnob Sulzee This bill amends the Agricultural Law, and provides that the Commissioner of Agrieulture may appoint four deputy commissioners instead of the existing eight assistant commissioners. It authorizes the Com- missioner to appoint any employees he shall deem necessary, and confers upon the deputies provided for in the bill the functions of assistant commissioner. It further provides that the Commissioner's sub- poena may require attendance and testimony before any person designated by him; for that purpose, and authorizes such designated person to administer oaths. Although this bill dispenses with eight assistant commissioners and provides for only four deputy commissioners, I am advised, and confidently believe, that such reorganization of the Department of Agri- culture under its present head will increase rather than diminish its effective administration. The authority provided by this amendment, grant- ing to the Commissioner power to take testimony be- fore a designated agent establishes a practical and sensible method of discovering and enforcing viola- tions of the Agricultural Law. This measure is for the benefit of our farmers and wholly in the interest of economy and efficiency. It will work to the betterment of the administration of the Department of Agriculture, and meets with my approval. (Signed) WM. SULZER Mbmobanda on Legislative Bills Approved 457 Incorporating City of Canandaigua State of New Yoek — Executive Ohambee Albany, ^prii 28, 1913 Memorandum filed with Assembly Bill, Printed No. 1979, entitled: , "An act to incorporate the city of Canan- daigua. ' ' Appboved This bill incorporates the territory within the vil- lage of Canandaigua as a city. The elective officers of the city are to be a mayor, a city judge, a city treasurer, two aldermen from each of the four wards, and one supervisor for each of the two districts. The mayor, city judge, and city treasurer are to be elected at large, the aldermen by wards and the supervisors by districts. The general form of the city government provided is that of a mayor and council government, the appro- priating and ordinance-making powers being vested in the common council. Provision is made for refer- endums upon propositions to raise iiioney by taxation or by bo^ds, and in such referendum elections women property owners who have all of the qualifications en- titling them to vote for city officers except that of sex may vote. . The term of office of the mayor is to be two years, city judge four years, city treasurer two years, alder- men two years and supervisors two years. The mayor, aldermen, commissioners of health and public safety, commissioner of public works and civil service com- missioners are to serve without compensation. The annual salary of the city judge is to be $1,200 ; of the 498 Public Papeks of Goveenoe Sulzek city treasurer, $800 ; of the city clerk, $900 ; of the city physician, $400; of the assessors, $125 each; of the city attorney, $800 ; of the superintendent of public works, $1,200; of the city court stenographer, $4 per day for each day actually employed ; of the city sealer of weights and measures, $200; of the cemetery sex- ton, $300 ; and of the deputy city clerk, $100. The commissioner of charities is to receive no com- pensation for his services from the city, but to be governed by the laws relating to compensation of over- seer^ of the poor in towns where the county system of poor is established. The supervisors are to receive the same compensation as supervisors of the towns, of Ontario county receive for like services, to be paid in like manner. The acting city judge is to receive $4 per day for each calendar day occupied in discharging his duties. The proposal to incorporate the present village of Oanandaigua into a city was recently submitted to a vote pf the citizens and a large majority of the votes were cast in f^vor of a city charter. This particular charter has been carefully considered by the board of trustees of the village and has met with their appro- val. Its passage through the Legislature was without a dissenting vote in either the Assembly or the Senate. I consider that under such circumstances where the citizens have voted to incorporate their village into a city, and have framed a charter which meets with th,e approval qf the local administrative officers, and has been enacted by the Legislature without a dissent- ing vote, that it is my duty as Governor to approve the bill which will enable the citizens of the new city of Cajia^daigua to adniini;Ster their local affairs in the uianner and method which has thus received their em- phatic approval. ^g.^^^^^ ^^ SULZEB Memokanda qn Legislative Bills ^-ppboved 459 Repealing Charter of the Long Sault Development Com- pany, Purported to be Granted by Chapter 355 of the Laws of 1907 State op New York — Executive Chambeb Albany, May 8, 1913 Memorandum filed with Senate Bill, Printed No. 110, entitled: "An act to repeal chapter three hundred and fifty-five of the laws of nineteen hundred and seven, entitled ' An act to incorporate the Long Sault Development Company, and to authorize said company to construct and maintain dams, canals, power-houses and locks at or near Long Sault Island, for the purpose of, improving the navigation of the Spnt , Lawrence river and de- veloping power from the waters thereof, and to construct and maintain a bridge, and carry on the manufacture of commodities,' providing for the repayment to such company of, certain moneys paid by it under such act and maMiig an appro- priation therefor. ' ' Appeoved Concerning this bill I sent a special message to the Legislature, dated January 13, 1913, calling the atten- tion of the Legislature to the, fact that chapter 355 of the Laws , of 1907, which purported to grant & cfyax- ter to this company was, "w^ithout doubt, unconstitu- tional, and Remanding its repeal for the best interests of t]ie State. . ^ ,, ., ,i This charter, granted by the Legislatui:e to ,tl^e,Long Sault Development Company, was not only yiolative 460 Ptjblic Papers of GtOVeenob Sulzee of the State Constitution, but its provisions were in otHer respects improvident, unwise and indefensible, both, from an industrial and an economical point of view. The repeal of the charter by this bill, to which I now give my approval, will secure to all our citizens the beneficial results of the proper development of our natural resources, particularly of our now unused water powers, in accordance with the constructive policy of real conservation to which the State of New York now stands committed. I approve this bill. (Signed) WM. SULZEE Amending the Agricultural Law, in Relation to Adulter- ated Milk • , State of New Yobk — Executive Chambeb May 9, 1913 Memorandum filed with Assembly Bill, Printed No. 1740, entitled: "An act to amend the agricultural law, in re- lation to adulterated milk." Approved This bill amends section 30 of the Agricultural Law, by including in the definition "adulterated milk" milk produced or kept in unsanitary surroundings or in any environment or under any condition whatever that is inimical to its healthfulness or wholesomeness. By the operation of this law a great deal of the de- mand for legislation in regard to the production and distribution of milk will be met and satisfied. Memokanda ok LEGiSLAiivE Bills Appecived 461 It places tlie 4iiesti6n of pure milk exactly where it belongs, in the Department of Agriculture ; and under this bill, as soon as proper appropriations are made, the people of the State will be assured 6f ah adequate ahd uniform supply of wholesome milk throughout the ^*^*^- ;, (Signed) ,WM.. SULZER Amending the Agricultural Law, in Re^tion to Siile of , Farm Products on Commission , ' State op New York — Executive Chamber May ^,1913 Memorandum filed with Assembly Bill, Printed No. 2337, entitled: ,.,..// (An,, act to amend the .agricultu,ral law, in re- lation to the sale of farm products on commis- sion. ' ' Approved This amends the Agricultural Law by adding a new article, 12a, relating to the sale of farm products on commission, by providing that on and' after July 1, 1913, all persbnb, firm's, association^ oi- corporations, receiving, selling or offering for sale On commission within this State, any kind of farm produce, shall pay a, license fee of $10 and furnish a bond of $3,000 with surety. jThis/bill is one of the most important , agricultural bills presented for ' the consideration of tliis Ije^isla-^ ture._ Some regulation, 'of. the commission business has been demanded, by the farmers of this State for ten years, and this bill, in its present form, has the, support 462 Public Papers of GtOVeenob Sulzee of the, State Grange, the State Fruit Growers' Associa- tion, the State Agricultural Society, the Commission Merchants* League, the Fruit and Produce Exchange and the Butter and Egg Dealers' Association of New York. It establishes the principle that the commission merchant is agent and trustee for the consignor of farm produce, and, as such agent, is at all times responsible to such consignor for an honest account of all trans- actions relating to the sale of farm produce on com- mission. This bill hurts no honest dealer and will insure to every shipper of farm produce a square deal. It will also free the markets of this State from many shady transactions. (Signed) WM. SULZEE Amending Agricultural Law, in Relation to Almshouse Farms State of New Yoek — ExEcuTrvE Chambee May 9, 1913 Memorandum filed with Senate Bill, Printed No. 2032, entitled: "An act to amend the agricultural law, in re- lation to almshouse farms." Appeoved This bill empowers the Commissioner of Agricul- ture to investigate and examine as to the farm lands • at the almshouse farms of the various counties, the purposes to which they are best adapted, and the crops which may most profitably be raised thereon, and to make report on the same to the boards of super- visors of the said counties ; to give lectures and demon- Memoeanda on Legislative Bills Approved 463 strations at least once each year at the almshouses upon the aigricultural methods best adaptable to the various communities. In 1910 the Commissioner of Agriculture was charged with, the duty of advising concerning the proper working of State institution farms, and the success attending recent farm opera- tions on the State farms would seem to warrant the approval of this bill. (Signed) WM. SULZEE Amending Agricultural Law, in Relation to Branding Skini=Milk Cheese S;TATE OF New Yobk — Execxj^tive CHj^MBEE May 9, 1913 Memorandum filed with Assembly Bill, Printed No. 956, entitled: "An act to amend the agricultural law, in rela- tion to branding skim-milk cheese." Approved This bill amends section 249 of the Agricultural Law, by prohibiting the sale of cheddar cheese made from skimmed or partially skimmed milk unless it is branded with the words ' ' Skim-milk Cheese. " If it contains 13 per centum of milk fat or over, it may be branded " Medium Skim-milk Cheese," or if it con- tains 18 per centum of milk fat or over, it may be branded ^' Special Skim-milk iCheese." This bill accurately defines skim-milk cheese and is in line with modem pure food legislation, through which the buyer may be able to know exactly what he is buying. (Signed) WM. SULZEE 464 Public Papees of Goy;EBNOE Sulzeb Axnending Business Corporation Law, in Relation to Co- operative Corporations State of New Yokk — Executive Chamber May 9, 1913 Memorandum filed with Assembly Bill, Printed No. 2740, entitled: . , " An act to amend the business corporation law, in relation to co-operative corporations. ' ' Appkoved This bill is an amendment to the General Business Law. It seeks to make the creation of co-operative associations throughout the State both easy and safe. It is one of a series of three bills drafted and intro- dijced at the request of the Governor's Market Com- mission, headed by William Church Osbpm, of New York city. Through, the operation of these three bills, all co-operative effort throughout the State is to be stimulated, and through the advice of the Bureau of Co-operation in the Department of Agriculture (the bill creating which I have already signed and which is now chapter 235 of the Laws of 1913), such co-oper- ative effort will be directed especially toward co- operative selling on the part of the producers and co-operative buying on ithe part of the consumers, to reduce the cost of distributing food supplies and to reduce the cost of living. (Signed) WM. SULZEE Memobanda on Legislative Bills Appbovbd 465 Amending Penal Law, in Relation to Sale or Possession of Cocaine or Eucaine State op New Yoek ^^ Executive Chambek ^ May 9, 1913 Memorandum filed with Assembly Bill, Printed No. 2388, entitled: "An act to amend tlie penal law, in relation to the sale or possession of cocaine or eucaine." Appbovbd This is a good bill, and makes it illegal to possess cocaine ia, any mixture or compound /yrithout a certifi- cate from a physician, unless the possessor is a manu- facturer, dentist or veterinarian, and these may pos- sess it only under strict limitations. The bill provides that cocaine may be prescribed by a physician for a patient only in the form of an oint- ment or solution, containing a limited percentage of the drug. A strict enforcement of this anti-cocaine law will prevent abuse of tbi^ teirrible drug and have a ten- dency greatly to decrease the ravages of the cocaine evil in t]4s; State. The bill is in the iuterests of the general welfare; a reform in the right direction, and meets witli my sincere approval. ( Signed) WM. , SULZEE 466 Public Papers of G-oveen'ob Stjlzeb Amending the Public Health Law Generally State of New Yobk — Executive Ohambeb Albany, May 17, 1913 Memorandum filed with Senate bill Introductory No. 1242, Printed No. 2523, entitled : "An act to amend the Public Health Law generally. ' ' Appboved : This bill reorganizes the Health Department of the State, and places New York in the lead by providing a comprehensive plan, and establishing the necessary agencies to make more effective the highly beneficial, salutary aind progressive health provisions of our laws. No duty of the State is of greater importance than protecting the life, and promoting the health of its citizens. The perf Ol"mance of this duty has in the past merited and received serious criticism. Eealizing the importance of the subject-matter and the necessity for immediate remedy, early in January of this year, I appointed a special Commission to collect facts, re- ceive suggestions and make recommendations to me as to desirable changes in the Public Health Laws of our State ; and on Febriiary 15th last, such Commission re- ported to me its findings and recommendations, which I transmitted by special message on February 19, 1913, to the Legislature for its consideration. The measure now before me was prepared and in- troduced in the Legislature to carry such recommenda- tions into effective practice. This is a State-wide health measure, embracing every city, county, town and village of our State except the city of New York. Memobakda on Legislative Bills ApjPBOVed 467 The entire State is divided into twenty sanitary dis- tricts under the immediate charge, supervision and control of a medical expert, designated' a district supervisor, who is required to devote his entire time and attention to his official duties, and is always sub- ject to the directions of the State Commissioner of Health. In matters of public health, the interest of all parts of the State are so closely interwoven, and experience has produced the conviction that the independent ad- ministration of the subject by the different local au- thorities has resulted in confusion of rules and regu- lations which were observed more by their breach than by performance. This is now changed, aiid the State authorities have the right to make rules concerning the public health which must be observed by all local health officers in all parts of the State. Adequate agencies, and means of enforcement, are provided, and the State Department of Health can now command, where in the past it could only recommend. A very important' and highly beneficial feature of this bill, which is a inarked step in advance in the treatment of this vital subject, is the establishment of a public health council, which is empowered to establish and amend sanitary regulations, to be known as the Sanitary' Code. This code is to deal with matters for the security of life and health and the preservation land improvement of the same. The provisions of this Sanitary Code are to super- sede inconsistent local ordinances, and a violation of any of its provisions is made a misdemeanor. 468 PuBEIC PaPEES of GrOVEftNOB SULZBB No other State, so far as I am informed, has devised and established so efficient an instrument for correct and efficient administration' of the public health. The full and broad power lodged in the Public Health Council will permit it not only to promulgate rules, but to change and alter them to meet the special exigencies of each particular case, without the neces- sary attendant delay which is unavoidably caused by appeal to the Legislature for special laws to effectu- ate the same object and purpose. Delays in making corrective rules has in the past caused the destruction of large numbers of priceless human lives, and I feel convinced that the new Public Health Council will be the greatest agency for the con- servation of human life that has ever been devised iu this or any other State of the Union. Provision is also made for the establishment of a bureau of child hygiene, administered by the State Department of Health, with power and authority to operate effectively in all parts, of the State except in the city of New York. The unwarranted high mortality and reckless waste of infant and chUd life will, it is. hoped, be reduced under the wise administratiQn of the provisions of this law to the lowest possible ,miniinuin.[ This is, a great constructive piece of legislation. It reaches the home of every individual. I consider it a high privilege to give my approval to this bill. . (Signed) WM. SULZER Memobanda on LsGiSLATi^rE BiLLS AppeOved 469 Providing for the Deepening of the Channel of Ellicott Creek, and for the Repairs of Bridges Crossing the Same State of New Yobk — Executive Chambbb Albany, N. Y., May 22, 1913 Memorandum filed with Assembly bill Introductory ^b: .172, Printed No. 176, entitled: "j^n act to provide for the deepening of the channel of Ellicott creek from the Erie canal to the city line of the city of Tonawanda, and for the repair of the bridges crossing the same, and making an appropriation therefor. ' ' Approved : This bill ap^rdpriates $80,000, aiid au1;horizes the Superintendent of Public Works to improve that por- tion of Ellicott creek between the Erie canal and the city linebf the city of Tonawanda, by deepening the channel of the creek to a depth' which will be on a level with the bottom of the channel of the Erie canal. I hiave given cafeful consideration to the territory to be affected by this measure. The work I am advised is imperative.' The improvement contemplated is of vital importiance to the continuance of the principal industries in the city of Tonawanda, and' the amount appropriated has been carefully calculated by the State Engineer. I am convinced that my failure to give my approval to this bill, in view of all the existing circumstances^ would be unjustified ; Work a great commercial and financial injury to one of the cities of our State, and throw out of employment thousands of workingmen 470 Public Papebs of Govebnoe Sulzee now employed in the mills which, will be compelled to close down if I should veto this measure. I approve the bill. (Signed) WM. SULZER Providing for the Erection of Buildings for the State College of Forestry at Syracuse University, and the Acquisition of Land on Which to Erect Same State of New Yoek — Execxjttob Chamber Albany, Ma?/ 24, 1913 Memorandum filed with Assembly bill Introductory No. 426, Printed No. 431, entitled : . , , * 'An act providing for the erection of buildings for the New York State College of Forestry at Syracuse, University, and the acquisition of land on which to erect the same, and making an appro- priation therefor." Appeoved : In signing the bill for the New York State College of Forestry, at Syracuse University, a brief explana- tion of my reasons may not be inappropriate. This college is a State institution. Its board of trustees consists of the State Commissioner of Bduc^^i tion, the Chairman of the Conservation Commission, the Temporary President of the Senate, the Chan- cellor of Syracuse University, audi nine others nanaed by the Governor, by, and with the consent of the Sen- ate. It is thus at all, times under State control. This College of. Forestry was established by tlie State to fill a; gap, m our :ed,i;icp,tip,nal system. Whjile almost every branch of learning had been promoted Memobanda on Legislative Bills Appeoved 471 by it ; though liberal contributions had been made for agriculture ; nothing had for years been done for the important subject of forestry; It was, therefore, after serious consideration concluded by the Legislatures of 1910, 1911 and 1912, that this college should be brought into being, and maintained by the State. The results thus far attained have been most grati- fying. There are novs^ in actual attendance upon its courses, upwards of one hundred and sixty earnest stu- dents, who are pursuing a curriculum based oil the experience of the most advanced exponents of the sci- ence of forestry. A ranger school is conducted in the Adirondacks for the training of practical men. Ex- periments in sylviculture are in progress in various parts of the State. Lectures at farmers institutes, at granges, and at various schools are delivered to give instruction in the essentials of the subject. Munici- palities throughout the State have become interested in tree-culture. A demand for the college has become manifested to such a degree, that it would prove nothing short of a misfortune, if its work were to cease, or its operations were to be checked. The num- ber of applicants for instruction for the coming year is so extraordinary as to demonstrate the absolute necessity of immediate action, to enable this important educational undertaking to proceed under proper con- ditions. That cannot be done, without buildings to accommodate the students, and the requisite labora- tories and equipment. Syracuse University stands ready to convey the lands on which these buildings are to be placed, to- gether with appurtenant rights of way. Its libraries, gymnasium, campus, stadium and other facilities will likewise be supplied, without charge to the State. The 472 Public Papeks op Govebnoe Sulzee location is admirable, easily accessible and in prox- imity to that part of the State best adapted to forestry. There is no subject which to-day is entitled to more serious attention than that of forestry. Sinful waste has characterized our treatment of the noble forests with which we were endowed^ They have been wan- tonly destroyed, shamefully neglected and deliberately ruined. If proper e:fforts a,t conservation had been made years ago, our natural wealth. would have been greater by hundreds of millions of dollars than it is to-day. Germany, France and Switzerland, taught by experi- ence, long ago directed the attention of the world to the advantages of scientific instruction in forestry, but we have delayed too long in giving ear to their admonition. More than twenty years ago, while a member of tiie New York Legislature, I advocated a policy of forest conservation, and was instrumental in placing upon our statute book, legislation intended for the preserva- tion of the Adirondacks. To-da,y I am even more strongly of the opinion that no expenditure that the State can make is more imperatively demanded in the interest of true economy and genuine conservation than such as will promote and stimulate the policy, not only of forest conservation, but of forest building, of the creation of forests for conamercial purposes. There are, to-day, millions of acres of land in vari- ous parts of the State which are unused, and are per- mitted to lie waste,. They are not; adapted to agricul- ture, or even for grazing. They can, however, be de- voted to tree-culture, for which they possess all the desired qualities. By training intelligent young men in the art of Mbmoeanda on Legislative Bills Appboved 473 reforestation, these waste places may in a compara- tively short' period be productive of a crop, second only in importance to those of our cultivated farms. Lumbering and the production, pf pulp- wood fqr the consumers pf paper will again become importanlf in- dustries; and various branches of the wpQd- workers' craft which have either not been practiced, or have been neglected, will afford employment to thousands. This is not mere im^agination, but it is taking a leaf from the book of other nations who have passed through a similar period of forest destruction before they recognized the heed of a remedy. No thinking man will deny these facts or the sound- ness of the conclusion that every day which is per- mitted to pass without carrying out a curative policy will only heighten the existing deplorable evil and increase the ultima,te cost of securing relief. The fundamental requirement of any intelligent plan of action to grapple successfully with these con- ditions must be sought in the domain of education, and because the. State itself is so greatly concerned in, that prompt solution of the problem it is my opinion that we must now take the lead in the inculcation of these ideas. To my mind the bill to which I am now affixing my signature is best calculated to accomplish this de- sideratum. (Signed) WM. SULZER 474 Public Papbks of Goveenob Stjlzbe To Provide for the .AcquisitiOiH and Preservation of the Historic Tract or Parcel of Land Known as the Ben= nington Battlefield State of New Yokk — Executive Chambbb Albany, May 24, 1913 Memorandum filed with Assembly bill Introductory Np. 542, Printed No. 556, entitled: "An act to provide for the acquisition and preservation of the historic tract or parcel of land known as the Bennington Battlefield, situate in the town of Hoosick in the county of Reus-- selaer, and making an appropriation therefor." Approved : This bill appropriates $25,000 for the purchase of the land in the county of Rensselaer on which was fought the principal part of the Battle of Bennington in the Revolutionary War. The project hais the support' of many historical and civic organizations, ' and it^ successful promotion is generaiUy desired by the people of Rensselaer county who know the story of the struggle which took place on these fields when the patriot brothers fought for our independence. Our sister State of Vermont has given much promi- nence to the part in this battle taken by its citizens and which occurred upon its territory. With com- mendable enterprise it has given to the land within its borders upon which a part of the battle was fought and to those who participated'in the battle such promi- nence that many of our citizens have been misled into the belief that the "Battle of Bennington" was fought entirely upon Vermont soil and not upon the soil of the State of New York, whereas the fact of Memobakda on Legislative BilLs Appeoved 475 history is that the important part of that battle was fought on the land provided to' be purchased by this bill in Walloomsac valley in Rensselaer county. Nature has adorned the site in question with won- drous beauty. The revolutionary heroes consecrg|ted this ground with sacjcifice and privation and with the lives of many valiant patriots in the cause of liberty. In this ground are buried all those who were killed in this great battle. To Americans this is a spot hallowed by s'acred memories. To the historian it is the scene of the im- portant part of one of the fifteen decisive battles of the world. At this place Greneral Burgoyne, according to his narrative of the campaign and according to his statements, before the Parliamentary Inquiry, en- countered the obstacles, which proved fatal , to tlie success of his advance. Before he reached this btattle- field the success of the English expedition ,s^^;med inevitable, but at this point the, tide was turned. Too much importance cannot be given to the effect upon the Revolutionary War which , the valor of American patriots at this place produced. It was one of the turning points in the struggle for American independence. iMany lesser events in our early history have been suitably commemorated for their historical yalu^. This is not only commendable sentiment, but it is as wise as it is practical. The great struggle upon our soil which the purposes of this bill will commemorate was so important, so far reaching in its influence upon the Revolutionary War, that its scene should be preserved as an education in our history and a;n incentive to patriotic endeavor. I am glad to give to this bill the Executive approval. (Signed) WM. SULZER 476 Public Papebs of Govebnoe Sulzer Providing for tlie Celebration of the One=Hundredth Anniversary of the Birth of Samuel J. Tilden State op New York — Executive Chamber Albany, May 24, 1913 Memorandum filed with Senate bill Introductory No. 1458, Printed No. 1786, entitled: "An act providing for the, celebi-ation of the one-hundredth anniversary of the birth of Samuel J. Tilden, and making an appropriation therefor." Approved: I cheerfully sign this bill to honor the centenary of the birth of Samuel J. Tilden. His life was dedicated to the promotion of the public weal, and his last will evidenced his conviction that property is a sacred trust to be used in the interests of the people. Samuel J. Tilden was one of our greatest Grovernors and one of our greatest statesmen. His noble and unselfish patriotism during the electoral contest of 1876 saved the Nation from the possibilities of civil war. History will certify that he was elected President. The whole Nation might well unite in doing honor to this hero of peace on the occasion of the one-hun dredth anniversary of his birth. (Signed) WM. SULZER MEMOEANEfA (^N LEGISLATIVE BiLLS APPEOVED 477 Amending the Education Law, Relative to Vocational Instruction, Including Part Time or Continuation Schools and Agricultural Schools ALSO In Relation to Compulsory Attendance of Pupils BetM%en Fourteen and Sixteen Years of Age Upon Part Time, and Continuation Schools and Courses ■ State of New York — Executive Chamber Albany, May 26, I9l3 Memorandum filed with Assembly bill Printed No. 2550, entitled: "An act to amend the Education Law, relative to -Vocational instruction including part time or continuation schools and agricultuiial schdols ; ' ' and also with Senate^ bill ^rijited No. 2270, entitled : "An act to amend the Education Law, relative to the compulsory . attendance of pupils between fourteefn and sixteen years of age upon part time and continuation schools and courses." Appeovbd : These two bills are companion bills and have, there- fore, been considered together. They create the neces- sary machinery for the establishment and operation of part time or continuation schools, and amend the Compulsory Attendance Laws in relation to the at- tendance of pupils between the ages of fourteen and sixteen by accepting attendance upon the part time or continuation schools for that which is now required under the law in evening schools. The Democratic ; platform of 1912 specifically de- clared in favor of the maintenance and development of continuation schools for industrial education under public control. 478 Public Papers of GovEii]sroR Sulzek These bills are strongly favored by the State Edu- cation Department. They are also approved by the State Commissioner of Agriculture, by the National Society for the Promotion of Industrial • Education, by the Legislative Committee of the State Federation of Labor, by the State Factory Investigation Commis- sion, by the New York State Agricultural Advisory Board, and by the leading educators of the country who have given the question of vocational education special consideration. These bills are also approved by people especially interested in human affairs who have made a careful study of the needs of children of these ages who are compelled by home circumstances to become wage earners. These measures undoubtedly represent the views of the best informed men of the country on this subject. In brief, these bills authorize part time or con- tinuation schools, evening vocatioiial schools and in- struction in agriculture during summer vacations. The purpose of these different lines of industrial edu- cation is to provide instruction for adults who are already working in trades and for the youth between fourteen and sixteen years of age who is compelled to be a wage earner but who for the good of society and the State should also be receiving instruction which will not only make him more efficient in his service, but also a better citizen. There are thousands of children in this State be- tween the ages of fourteen and sixteen who are com- pelled to become bread winners. These children have not completed the elementary school course required under the Compulsory Attendance Law and, there- fore, are required to attend evening schools. Memokanda on Legislative Bills Approved 479 Children of this tender age, who work all day, shoul(i be relieved, of the cruel exaction of attendance upon instruction during the evening. They are en- titled to and should, be permitted tq use their evenings for such rest, relaxation, and recreation as children of this age usually enjoy and participate in. , , . Children of this age are also entitled to the privi- lege of attendance upon instruction, when they are in proper physical and mental condition to obtain the most, benefit from such instruction. These bills con- tain the commendable feature of providing that this class of children who are compelled to work shall be entitled to not less than four and not more than eight hours per week attendance upon a part time or con- tinuation school between the .hours of 8 a. m. and 5 p. M. I regard it as vital to the best interests of the State that these less fortunate children of the common- wealth shall be givfen the opportunity to receive in- struction in the technique of their craft and in the fundamental principles of good citizenship. These bills slightly increase the amount of State aid which is given to the several localities in the en- couragement, of industrial education. This, however, will not be a large item. For the year 1915 it would be about $7,500, and at the same ratio for the ensuing ten years the additipnal increase by reason of this legislation would not be greater than $75,000. This additional expense is justified on the basis of the increase /pf, pffiqiency of the industrial workers of the Empirie; Stat^. , , i am in hearty favor of all legislation wliich is in- tended to improve the living conditions of the working people of the State. I regard these measures as more vital to the interest^ of the industrial classes than. 480 Public Papers or (tOveenor Stjlzek any educatidnal measure wMch has come before me for consideration. Our State occupies a commanding position in the work which it is doing along the lines of industrial education. I regard these hills as laying the foundation for the most effective plan of voca- tional education which has 'been enacted by any State in the Union and have, therefore^ decided to give them Executive approval. I approve the bills. (Signed) WM. SULZEE Providing for the Erection of a State Armory and Stable in the City of Rochester State or New York — Executive Chamber Albany, Jitwe 2, 1913 Memorandum filed with. Assembly bill Introductory No. 1872, Printed No. 2171, entitled,: "An act providing for the erection of a State armory and stable in the city of Eochester, the acquisition of a site th«refor, and making an appropriation for building said armory and stable." Approved : This bill appropriates $25,000 for the erection of an armory and stable in the city of Eochester for the use of Troop H, First Cavalry; the Second Ambu- lance Company; the Mounted Scout Detachment, Third Infantry, to be expended under the direction of the Armory Commission of the State. I am well informed concerning the able and efficient cavalry troop for which this bill provides means for the erection of an armory and stable. Memoranda on Lbgislativb BimjS Appboved 481 , The city of,Epphester and 1^^. State is justly proud of this ui|i| of the .National Guar^^an^ of the enthu- siasm and patriotism of its members. I consider that this money will be well spent for a worthy object and reflect credit upon the entire mili- tary organization of the State. I approve the bilL ; (Signed) WM. SULZER To Abate Smoke Nuisance in the City of Albany State of New Yobk — Executive Chamber Albany, June 2, 1913 Memorandum filed with Assembly bill Introductory No. 1626, Printed No. 2784, entitled: "An act to abate smoke nuisance in the city of Albany." Approved: This bill was sent by the Clerk of the Assembly to the city authorities of the city of Albany for their action and was returned to the Executive Department without action thereon by the Mayor and the Common Council of the city of Albany on the ground that they had no jurisdiction Qoncerning the measure. I am glad to approve this bill and believe that its proper enforcement will rid the city of Albany of an intolerable nuisance to the advantage and benefit of all the citizens. I approve the bill. (Signed) WM. SULZEE 16 482 Public Papees of Gtoveknoe Sxjlzeb Amending the Election Law, Providing for the Display of the American Flag in Each Polling Place J ' > ' I i i , State of New Yokk — t- E^eciutivb Chambbe , , . , . !i. , Albany, Jwwe 2, 1913 Memorandum filed with Assembly bill Introductory No. 216, Printed No. 219, entitled':- ' 'Ah act to amend the Election Law, in relation to the display of the American flag in each polling place. " . Appeoved: ■ - 1 i .■..:■■ . . This bill is a patriotic measure and it is but proper and correct that the National emblem should be dis- played at the time and place when our citizens exer- cise their highest privilege. Our flag is the symbol of independence and I hope to put into actual practice that vital principle of American liberty by permitting each voter to make' his free and independent choice of candidates for all public offices. I approve the bill. (Signed) WM. SULZER Amending Tax Law in Relation to Tax Imposed on Trans= fers of Stock Statue op. New, Yoek — Executive Chambee Albany, June 2, 1913 Memorandum filed with Senate bill Introductory No. 1464, Printed No. 2525, entitled : "An act to amend the Tax Law, in relation to the tax imposed on transfers of stock." msmobanba on legislative bills appeoved 483 Appeoved : This is an administrative measure carefully pre- pared, and provides for the efficient enforcement and collection of the stock transfer tax. This measure will remove the difficulties of deter- mining when and what transfers or shares of stock have been made and is the result of the experience of the Comptroller's Department, which in the past has demonstrated the inability to collect the tax intended to be imposed under the existing law. The procedure provided by this bill will make for uniformity in the bookkeeping methods of transfer agencies and corporations respecting transfers of stock and will permit the stock transfer examiners from the State Comptroller's Department readily to ascertain the number and amount of such transfers without unnecessary waste of time. The State Comptroller estimates that the enact- ment of this measure will prevent an annual loss of revenue to the State estimated approximately at $1,000,000 per year, I approve the bUl. (Signed) WM. SULZER VI PART 1 EMERGENCY MESSAGES VI PART 1 EMERGENCY MESSAGES Messages certifying to the necessity of the imme- diate passage of specified Assembly and Senate bills, in compliance of section 15 of article 3 of the Con- stitution, were sent to the Legislature of 1913 from time to time by Governor iSulzer. The measures to which the messages applied were as follows: April 28. Senate Bill, Introductory No. 1825, Printed No. 2466, entitled "An act to amend the tax law, in relation to franchise tax and credit to be given on account of purchase of state bonds:" . April 28. Senate Bill, Introductory No. 1824, Print?^ No. 2465, entitled "An act to amend the tax law, in relation 'to exceptions and limitations on taxable transfers.'' . , .April 29. , Senate Bill, Introductory No. 1242, Printed No. 2151, entitled "An act to amend the pub- lic-health law, generally,';' as amended, April 30.. Assembly Bill, Introductory No. 2219, Printed No. 2818, entitled "An act in relatipn to the rate of interest on certain bonds of ,the stat^j." April 30. Senate Bill, Introductory Npi 1041, Printed No. , 1884, May 2>, Assembly Bill, Introductory No. 1583, Printed No. 1766, entitled "An. act to amend the penal law, in relation to listing or trading in securities." April 30. Assembly Bill, Introductory No. 1113, Printed No. 1192; Senate Bill, Introductory No,, 811, Printed No. 1562, entitled "An act to amend the gen- eral business law, in relation to the listing of securities for sale on stock exchanges." [487] 488 Public Papeks of Gtovbbnob Stjlzeb April 30. Assembly Bill, Introductory No. 1015, Printed No. 1067, Senate; Reprint No. 2039, entitled "An act to amend the penal law, in relation to dis- criminations by exchanges or the members thereof. ' ' April 30. Assembly Bill, Introductory No. 817, Printed No. 859, entitled "An act to amend the penal law, in relation to tralnsactions by brokers after insolvency and in the hypothecation of customers' securities." April 30. Assembly Bill, Introductory No. 824, Sen- ate Reprint No. 2420, entitled "An act to amend the penal law, in relation to trading by brokers against customers' orders;" April 30. Assembly Bill, Introductory No. 818, Printed No. 860, entitled "An act to amend the penal law, in relation to false representations concerning securities. ' ' April 30. Assembly bill. Introductory No. 1016, Printed No. 1068, entitled "An act to amend the bank- ing law, in relation to the organization and regulation of exchange corporations. " • April 30. Assembly BUI, Introductory No. 823, Printed No. 865, entitled "An act to amend the penal law, in relation to reporting or publishing fictitious transactions in securities." April BO. Assembly BUI, Introductory No. 1014, Re- print No. 1986, entitled "An act to amend the penal law, in relation to the delivery to customers of memo- randa of transactions by brokers. ' ' May 1. Senate Bill, Introductory No. 1464, Printed No. 2244, entitled ' ' An act to amend chapter sixty-two of the laws of nineteern hundred and nine, entitled 'An act in relation to taxation, constituting chapter sixty of the consolidated laws,' in relation to the tax imposed on transfers of stock," as amended. Memobanda on Legislative Bills Appkoved 489 May 1. Senate Bill, Introductory No. 1857, Printed No. 2526; Assembly Bill, Introductory No. 2220, Printed No. 2814, entitled "An act to amend the Greater New York charter, in relation to stag^ or omnibus routes, and repealing certain sections thereof in relation thereto." May 1. Assembly Bill^ Introductory No. 1517, Printed No. -2810; Senate Bill, Introductory No. 1067, Printed No. 2510, entitled "An act to amend the high- way law, in relation to motor vehicles." May 1. Senate Bill, Introductory No. 1853, Printed No. 2518; Assembly Bill, Introductory No. 2221, Printed No. 2815, entitled "An act to amend the public service commissions law, in relation to telephone and telegraph lines and corporations." May 1. Assembly Bill, Introductory No. 1932, Printed No. 2235, entitled "An act to authorize the county of Franklin to issue bonds to procure funds for the construction and improvement of highways in said county, and to validate bonds issued by said county for highway purposes," as amended. May 2. Sent to the Senate. May 1. Senate Bill, No. 1460, Assembly Reprint No. 2801, entitled "An act to amend the labor law, in rela- tion to the employment of chUdreh under fourteen years in or for a factory, the definition of a factory, factory buUding and tenement house," as amended. (Again sent to the Senate on May 2.) May 1. Senate BiU, Introductory No. 1854, Printed No. 2519; Assembly Bill, Introductory No. 2222, Printed No. — , entitled "An act making an appropria- tion for highway improvement purposes." May 1. Assembly Bill, Introductory No. 2223, Printed No. 2817; Senate Bill, Introductory No. 1855, 490 Public Papees oj? Govbbnob Sulzek Printed No. 2520, entitled "An act making an appro- priation for the payment of interest on the debt for Wighway improvement contracted or to be contracted pursuant to the provisions of chapter two hundred and ninety^eight of the laws of nineteen hundred and twelve, for the fiscal year beginning the first of Oc- tober, nineteen hundred and thirteen." (Again sent to the Senate May 2.) .' May 2. Senate Bill, Introductory No. 752, Printed No. 825, entitled "An act to amend the highway law, in relation to a new state route on the Albany; post road."^ May 2. Assembly Bill, Introductory No. 1797, Printed No. 2811, entitled "An act making appropria- tions for certain expenses of government and various miscellaneous appropriaitions and supplying deficien- cies in former appropriatidnsf," as amfended; May 2. Assembly Bill, Introductory No. 1798, Printed No. 2746, Senate Reprint No. 2495^ entitled "An act making appropriations for the support of govern- ment," as amended.- May 2. Senate Bill, Introductory No. 1849, Printed No. 2507, entitled "An act to^ amend the county law, in relation to special deputy clerks in certain coun- ties," as amended. May 2. Assembly Bill, Introductory No. 180, Printed No. 183; Senate Bill, Introductory No. 108, Printed No. 110, entitled "An act to repeal chapter three hun- dred and fifty-five of the laws of nineteen hxmdrediand seven, entitled 'An act to incorporate the Long Sault Development Company and to authorize said company to construct and maintain dams, canals, power bouses And .creeks at or near Long Sault island^ for the pur- pose of improving the navigation of the St. Lawrence ' EMekgen^y Messages 491 river, and developing power' from the waters thereof, and to construct and maintain a Tjridge and carry on the manufacture of commodities,' providing for the payment to such cottipany of certain ffioney^ paid by it under such act and making an appropriation therefor. ' ' May 2. Senate Bill, Introductory No. 1747, Printed No. 2405, entitled "An act to limit the diversion within the state of New York of the waters of Niagara river abbve the falls of Niagara for pdwer purposes and to define the volumes which may be so diverted at certain points afld to forbid diversions in certain cases and to prevent unlawful diversion and structures and making provision for the enforcement of this act. " ' May 2. Senate Bill, Introductory No. 1651, Printed No. 2093, entitled "An act to provide for an exhibition and celebration in New York city to eohlmemorate the fiftieth anniversary of the emancipation proclamation'; creating a commission to conduct the same, and mak- ing an appropriation therefor," as amended. " Maj 2. Senate Bill, Ihtroductory No. 202, Printed No. 204, entitled "An act to simplify the practice in the courts of the state of New York." May 2. Senate Bill, Introductory No. 1831, Printed No. 2478, entitled "An act in relation to the selection of petit and grand jurors. ' May 3. Assembly Bill, Introductory No. 1517, Printed No. 2810, entitled "An act to amend the highway law, in' relation to motor vehicles," as amended. May 3. Senate Bill, Introductory No. 1838, Printed No; 25i2, entitled "An act making an appropriation for the piayment of interest on the debtfor barge canal terminals contracted or to be contracted under the pro- visions of article seven, section four, of the constitu- tion," as amended. 492 Public Papers of Gtovbbnor Sulzbk May 3. Senate Bill, Introductory No. 1839, Printed No. 2511, entitled "An act making an appropriation for the payment of interest on the debt for highway improvement contracted or to be contracted tinder article seven, section twelve, of the constitution, and as provided i)y law, for the fiscal year beginning on the first day of October, nineteen hundred and thirteen," as amended. May 3. Senate Bill, Introductory No. 1836, Printed No. 2515, entitled "An act to provide ways and means for the support of government, ' ' as amended. May 3. Senate Bill, Introductory No. 1837, Printed No. 2513, entitled "An act making an appropriation for the payment for the fiscal year beginning on the first day of October, nineteen hundred and thirteen, of interest on the canal debt contracted or to be con- tracted under article seven, section four, of the consti- tution," as amended. May 3. Senate Bill, Introductory No. 1834, Printed No. 2514, entitled "An act making an appropriation for the payment of interest on the debt for highway improvement contracted or to be contracted under article seven, section twelve, of the constitution, and as provided by law for the fiscal year beginning on the first day of October, nineteen hundred and twelve." May 3. Senate Bill, Introductory No. 1017, Printed No. 2522, entitled "An act making appropriations for construction, improvements, repairs and equipments at various state institutions, ' ' as amended. May 3. Senate Bill, Introductory No. 1759, Printed No. 2466, entitled "An act to create the department of state architect and to authorize the appointment of a state architect as the head of such department and to define his powers and duties," as amended. Emergency Messages 493 Statement by Governor Sulzer Concerning the Pending Stock Exciiange Measures Advocated by Him in His Special Message on the Subject State of New York — Executive Chamber Albany, N. Y., April 30, 1913 TJjjiis, far only two of the measures regulating the practices and reforming the procedure of trai^saction of business in stock exchanges have been enacted into law: Chapter 236 of the Laws of 1913, approved April 9th, amended the Penal Law in relation to bucket shops; chapter 253 of the Laws of 1913, approved April 10th, made it a felony to manipulate the price of securities. Believing that the measures still pending with the Legislature would be of great benefit to the public, if enacted into law, I have sent emergency messages to the Legislature requesting the immediate passage of the following bills affecting stock exchanges : 1. An act to amend the General Business Law, in relation to the listing of securities for sale on stock exchanges. 2. An act to amend the Penal Law, in relation to dis- criminations by exchanges or the practice thereof. 3. An act to amend the Penal Law, in relation to transactions by brokers after insolvency, and in the re- hypothecation of customers' securities. 4. An act to amend the Penal Law, in relation to trading by brokers against customers' orders. 5. An act to amend the Penal Law, in relation to false representations concerning securities. 6. An act to amend the Banking Law, in relation to the organization and regulation of exchange corpo- rations. 494 Public Papebs of GtOveknoe Stjlzeb 7. An act to amend the Penal Law, in relation to reporting or publishing fictitious transactions and securities. 8. An act to amend the Penal Law, in relation to the delivery to customers of memoranda of transac- tions by brokers. . ,. 9. Also the so-called Kendall bill, relating to unjust discriminations against the printing or engraving of bonds or certifidates of stocks. PART 2 EMERGENCY MESSAGES (Extraordinary Session) [495] VI PART 1 EMERGENCY MESSAGES Messages certifying to the necessity of the imme- diate passage of specified Assembly and Senate bills, in compliance of section 15 'of. article 3 of the Con- stitution, were sent to the Legislature of 1913 from time to time by Grovernor Sulzer. The measures to which the messages applied were as follows : . April 28. Senate Bill, Introductory No. 1825, Printed No. 2466, entitled "An act to amend the tax law, in relation to franchise tax and credit to be given on account of purchase of state bonds;" April 28, Senate Bill, Introductory No. 1824, Printed No. 2465, entitled "An act to amend the tax law, in relation to exceptions and limitations on taxable transfers.'' ■ April 29. .Senate Bill, Introductory No. 1242, Printed No. 2151, entitled "An act to amend the pub- lic-health law, generally," as amended. April 30. Assembly Bill, Introductory No. 2219, Printed No. 2818j entitled "An act in relation to the rate of interest on certain bonds of the stat^i" .April 30. Senate Bill, Introductory No; 1041, Printed No. 1884- May 2. Assembly Bill, IntrojJuctory No. 1583, Printed No. 1766, entitled "An act to amend the penal law, in relation to listing or trading in securities. ' ' AprO. .30. ;, Assembly Bill, Introductory No., 1113, Printed; No. 1192 ;; Senate Bill, Introductory S^o. 811, Printed tNo. 1562, entitled "An act to amend ,thf^ gen- eral, bu^in^ss, law, in relation to thf , listing of securities for sale on stock exchanges." [487] 488 Public Papers of Gtovebnok Sulzee April 30. Assembly Bill, Introductory No. 1015, Printed No. 1067, Senate Eeprint No. 2039, entitled "An act to amend the penal law, in relation to dis- criminations by exchanges or the members thereof." April 30. Assembly Bill, Introductory No. 817, Printed No. 850, entitled "An act to amend the penal law, in relation to tra;nsactions by brokers after insolvency and in the hypothecation of customers' securities." April 30. Assembly Bill, Introductory No. 824, Sen- ate Eeprint No. 2420, entitled "An act to amend the penal law, in relation to trading by brokers against customers' orders." April 30. Assembly Bill, Introductory No. 818, Printed No. 860, entitled "An act to amend the penal law, in relation to false representations concerning securities." April 30. Assembly bill. Introductory No. 1016, Printed No. 1068, entitled "An act to amend the bank- ing law, in relation to the organization and regulation of exchange corporations. ' ' April 30. Assembly Bill, Introductory No. 823, Printed No. 865, entitled "An act to amend the penal law, in relation to reporting or publishing fictitious transactions in securities." April 80. Assembly BUI, Introductory No. 1014, Re- print iio. 1986, entitled "An act to amend the penal law, in relation to the delivery to customers of memo- randa of transactions by brokers." May 1. Senate Bill, Introductory No. 1464, Printed No. 2244, entitled "An act to amend chapter sixty-two of the laws of nineteen hundred and nine, entitled * An act in relation to taxation, constituting chapter sixty of the consolidated laws,' in relation to the tax imposed on transfers of stock," as amended. Memoeanda on Legislaiivb Bills Appboved 489 May 1. Senate Bill, Introductory No. 1857, Printed No. 2526; Assembly Bill, Introductory No. 2220, Printed No. 2814, entitled "An act to amend tlie G-reater New York charter, in relation' to stag% or omnibus routes, and repealing certain sections thereof in relation thereto." May 1. Assembly Bill, Introductory No. 1517, Printed No. 2810; Senate Bill, Introductory No. 1067, Printed No. 2510, entitled "An act to amend the high- way law, in relation to motor vehicles." May 1. Senate Bill, Introductory No. 1853, Printed No. 2518; Assembly Bill, Introductory No. 2221, Printed No. 2815, entitled "An act to amend the public service commissions law, in relation to telephone and telegraph lines and corporations." May 1. Assembly Bill, Introductory No. 1932, Printed No. 2235, entitled "An act to authorize the county of Franklin to issue bonds to procure funds for the construction and improvement of highways in said county, and to validate bonds issued by said county for highway purposes," as ame.nded. May 2. Sent to the Senate. May 1. Senate Bill, No. 1460, Assembly Reprint No. 2801, entitled "An act to amend the labor law, in rela- tion to the employment of children under fourteen years in or for a factory, the definition of a factory, factory building and tenement house," as amended. (Again sent to the Senate on May 2.) May 1. Senate BiU, Introductory No. 1854, Printed No. 2519; Assembly Bill, Introductory No. 2222, Printed No. — , entitled "An act making an appropria- tion for highway improvement purposes." May 1. Assembly Bill, Introductory No. 2223, Printed No. 2817 ; Senate Bill, Introductory No. 1855, 490 Public Papees of Gtovebnor Sulzeb Printed No. 2520, entitled "An act making an appro- priation for the payment of interest on th.e debt for highway improvement contracted or to be contracted pursuant to the provisions of chapter two hundred and ninety^eight of the laws of nineteen- hundred and twelve, for the fiscal year beginning the first of Oc- tober, nineteen hundred and thirteen." (Again sent to the Senate May 2.) May 2. Senate Bill, Introductory No. 762, Printed No. 825, entitled "An act to amend the highway law, in relation to a new state route on the Albany post road." May 2. Assembly Bill, Introductory No. 1797, Printed No. 2811, entitled ' 'An act making appropria- tions for certain expenses of government and various miscellaneous appropriations tod supplying deficien- cies in former appropriations," as amfended'. May 2. Assembly Bill, Introductory No. 1798, Printed No. 2746, Senate Reprint No. 2495, entitled "An act making appropriations for the support of govern- ment," as amended. May 2. Senate Bill, Introductory No. 1849, Printed No. 2507, entitled "An act to amend the county law, in relation to ' special deputy clerks in certain coun- ties," as amended. May 2. Assembly BUI, Introductory No. 180, Printed No. 183; Senate Bill, Introductory No. 108, Printed No. 110, entitled "Aji act to repeal chapter threcfhun- drod and fifty-five of the laws of nineteen hundredland seven, entitled 'Aji act to incorporate the Long Saillt Development Company and to authorize said company to construct and maintain dams, canals, power houses And creeks at or near Long Sault island, for the pur- pose of improving the navigation of the St. Lawrence ' ' Emergency' Messages 491 river, and developing powei' from the waters thereof, and to construct and maintain a bridge and carry on the manufacture of commodities,' providing for the payment to such company of certain moneys paid by it under such act and making an appropriation therefor. ' ' May 2. Senate Bill, Introductory No. 1747, Printed No. 2405, entitled "An act to limit the diversion within the state of New York of the waters of Niagara river abbve the falls of Niagara for power piurposes and to define the volumes which inay be so diverted at certain points and to forbid diversions in certa,in cases and to prevent utiTawfitl diversion and structures and making provision for the enforcement of tbis act. ' ' May 2. Senate Bill, Introductory No. 1651, Printed No. 2093, entitled "An act to provide for an exhibition and celebration in New York city to commemorate the fiftieth anniversary of the emancipation proclamation ; creating a commission to conduct the same, and mak- ing an appropriation therefor," as amended. May 2. Senate Bill, Introductory No. 202, Printed No. 204, entitled "An act to simplify the practice in the courts of the state of New York. ' ' May 2. Senate Bill, Introductory No. 1831, Printed No. 2478, entitled "An act in relation to the selection of petit and grand jurors. May 3. Assembly Bill, Introductory No. 1517, Printed No. 2810, (entitled "An act to amend the highway law, in relation to motor vehicles, "as aniended. May 3. Senate Bill, Introductory No. 1838, Printed No, 2512, entitled "An act making an appropriation for the payment of interest on the debt for barge canal terminals contracted or to be contracted under the pro- visions of article seven, section four, of the constitu- tion," as amended. 492 Public Papers op Gtovebkob Sulzek May 3. Senate Bill, Introductory No. 1839, Printed No. 2511, entitled "An act making an appropriation for the payment of interest on the debt for highway improvement contracted or to be contracted under article seven, section twelve, of the constitution, and as provided i)y law, for the fiscal year beginning on the first day of October, nineteen hundred and thirteen," as amended. May 3. Senate Bill, Introductory No. 1836, Printed No. 2515, entitled ' ' An act to provide ways and means for the support of government, ' ' as amended. May 3. Senate Bill, Introductory No. 1837, Printed No. 2513, entitled "An act making an appropriation for the payment for the fiscal year beginning on the first day of October, nineteen hundred and thirteen, of interest on the canal debt contracted or to be con- tracted under article seven, section four, of the consti- tution," as amended. May 3. Senate Bill, Introductory No. 1834, Printed No. 2514, entitled "An act making an appropriation for the payment of interest on the debt for highway improvement contracted or to be contracted under article seven, section twelve, of the constitution, and as provided by law for the fiscal year beginning on the first day of October, nineteen hundred and twelve." May 3. Senate Bill, Intrpductory J^^o. 1017, Printed No. 2522, entitled "An act making appropriations for construction, improvements, repairs and equipments at various state institutions," as amended. May 3. Senate Bill, Introductory No. 1759, Printed No. 2466, entitled "An act to create the department of state architect and to authorize the appointment of a state architect as the head of such department and to define his powers and duties," as amended. •, Emergency Messages 493 Statement by Governor Sulzer Concerning the Pending Stock Exchange Measures Advocated by Him in His Special Message on the Subject State op New York — Executive Chambbk Albany, N. Y., April 30, 1913 Thus far only two of thi^, measures regulating the practices and reforming the procedure of transaction of business in stock exchanges have been enacted into law: Chapter 236 of the Laws of 1913, approved April 9th, amended the Penal Law in relation to bucket shops ; chapter 253 of the Laws of 1913, approved April 10th, made it a felony to manipulate the price of securities. Believing that the measures still pending with the Legislature would be of great benefit to the public, if enacted into law, I have sent emergency messages to the Legislature requesting the immediate passage of the f oUoAving bills affecting stock exchanges : 1. An act to amend the General Business Law, in relation to the listing of securities for sale on stock exchanges. 2. An act to amend the Penal Law, in relation to dis- criminations by exchanges or the practice thereof. 3. An act to amend the Penal Law, in relation to transactions by brokers after insolvency, and in the re- hypothecation of customers' securities. 4. An act to amend the Penal Law, in relation to trading by brokers against customers' orders. 5. An act to amend the Penal Law, in relation to false representations concerning securities. 6. An act to amend the Banking Law, in relation to the organization and regulation of exchange corpo- rations. 494 Public Papers of Gtoveenoe Sulzbb 7. An act to amend the Penal Law, in relation to reporting or publishing fictitious transactions and securities. 8. An act to amend the Penal Law, in relation to the delivery to customers of memoranda of transac- tions by brokers. 9. Also the so-called Kendall bill, relating to unjust discriminations against the printing or engraving of bonds or certificates of stocks. VI PART 2 EMERGENCY MESSAGES (Extraordinary Session) [495] VI PART 2 EMERGENCY MESSAGES (Extraordinary Session) Messages certifying to tlie necessity of the imme- diate passage of specified Assembly and Senate bills in complianjce of section 15 of article III of the Con- stitution were sent to the Legislature of nineteen hun- dred and ithirteen in extraordinary session. The meas- ures to which the messages applied were as follows : June 17. Assembly bill, introductory No. 5, printed No. 5, entitled "An act tQ amend the tax law, in rela- tion to franchise tax and credit to be given on account of purchase of State bonds." June 17, Message tp the Senate on similar bill. June 17. Assembly bill, introductory No, 6, printed No. 6, entitled "An act to amend the tax law, in rela- tion to exceptions and limitations on taxable trans- fers." ^,,,, ^ ,, , ,^, ,j . June 17. Message to the Senate on similar bill, July 23. Senate bill, introductory No. 22, printed No. 22, entitled "An act, to amend chapter seven hun- dred, and seventy -four of the laws of nineteen hundred ^d thirteen, entitled * Aii act jii relation to the housing of the people in cities of the second-class,' in relation tq the time when the same slipuld take effect, and mak- ing such act a chapter of the consolidated laws," as amended. July 23. Assembly bill, introductory No. 22, printed No. 22, entitled "An act to amend the housing law for second-class cities, in relation to the time when said law shall take effect," as amended. [4071 498 Public Papers of Govbenob Stjlzbb July 23. Senate bill, introductory No. 5, printed No. 5, Assembly bill introductory No. 8, printed No. 8, entitled "An act to provide for submitting to tbe elec- tors of the State, at tbLe general election in the year nineteen hundted and thirteen, the 'xjiiestion ' Shall there be a convention ,tQ. revis^ the jQonstitution and amend the same? ' '.' July 23. Senate bill introductory No. 33, printed No. 34; Assembly bill introductory' No. 23, printed No. 2^1 entitled "An act to authorize a city of the second oi' third-class to adopt a simplified form of govern- ment. " July 23. Senate bill introductory No. 29, printed No. 43 ; Assembly bill introductory No. 16, printed No. 16, entitled "An act to amend the public builflings law, in relation to the office of state architect, establishing a department of architecture and an art commission, and , defining the jurisdiction, powers and duties thereof," as amended. July 23. Senate biU introductory No. 23, printed No. 23; Assembly bill introductory No. 14, printed No. 14, entitled "An act to provide ways and means for the support bf government. "" ' \' - =•' •''''■ July 23. Senate bill introductory No. 34, printed ,No, 35 ; A&stembly bill introdtictory No. 31, printed No. 32, entitled "An act to authorize the commission on new prisons to select and plirchase for the State of New York another site for the neW State prison, to construct sudh prison and mate appropriation therfe- for," as amended. VII PART 1 APPOINTHENTS VII PART 1 APPOINTMENTS Appointments — Governor Direct Secretary to the Gtovernor Jan. 1. Chester C. Piatt, of Batavia, to succeed John A. Mason, term expired. Military Secretary Jan. 1. Edward Gibert Schermerhom, of New York dty, to succeed Eckford Craven de Kay, term expired. Counsel, to the Governor Jan. 1. Valentine Taylor, of New York City, to succeed Seymour Van Santvoord, term expired. Executive Auditor Jan. 21. John A. Hennessy, of New York City, original a^ppointmeiit. May 1. Samuel Bruckheimer, New York City, to succeed John A. Hennessy, resigned. Military Staff Jan. 1. Henry D. Hamiltop, the Adjutant-General of the State, of the grade of Brigadier- General. Major Reginald L. Foster, 12th Infantry. Lieutenant Commander Louis M. Joseph- thai, paymaster. Naval Militia. Captain Sylvanus G. Teets, Coast Artil- lery Corps. Captain Charles R. Seymour, 2d Battalion, Field Artillery. [501] 502 Public Papers of Gtoveenok Sulzek Jan. 1. Captain William J. Costigan, 69th In- fantry. ^■ Captain Louis D.< Rollins, 3d Infantry. Captain William D. Finke, Coast Artillery Corps! ' '" Captain Patrick J. Walsh, Corps of Engi- neers. Captain Charles W. Berry, 14th Infantry. Captain Charles E. Fiske, Ordnance, De- partment. Captain Reynolds K. Townsend, 10th In- fantry. First Lieutenant John F. Daniell, 7th In- fantry. First Lieutenant; Paul Malone, 65th In- fantry. F'irst Lieutenant Lester R. Walton, Coast Artillery Corps. First Lieutenant George 0. Redington, 1st Cavalry. Second Lieutenant William A. Niver, 2d Infantry. Reinstatement of John F. O'Ryan as Majoe-Genebai, OF THE National Guard of the State of New York Albany, January 1, 1913 T^ie exe(^uitive, order dated October 3, 1912, purport- ing to icreate jt^iei offip^e, of chief of staff, and directing that its d.utie& shall jae performed by the Adjutant- General of the State, is rescinded. General orders No. 62, New York State Militia, dated October 25, 1912, assuming to disbaiid the divisional organization of the National Guard, and to render Major-General John F. O'Ryan supernumerary, is rescinded. Appointments 503 Major-General Jolm, F. O'Ryan will resume Ms proper command of the National Gruard of the State of Ne^w: York. Tli,e ^Governor issued ithe following statement rega,rd- ing the, case of Major-General O'Ryan. "I Jia-vegoiie slowly In this matter andshave carefully considered tlie questions of tlie law and.tiie facts in, relation to the placing of General O'Eyan on the Siiperiiunierary list. "He was regularly nominated % the Governor as Major-'General commanding the iNational Guard and confirmed by Ithe Senate. I do not helieye i^t was the ^ntention of the constitutional and legislative provisions relating to the militia that an oflficer vested with the com- mand of all the military forces and responsible to the Governor for their discipline and efficiency should, be summarily displaced from his office without charges and without an opportunity to meelt any accu- sation against him. ' Such a situation would ' not only be unfavorable to the qontinujty of administration with the legislature sought to estab- lish but to the maintenance of discipline and efficiency. "After mature deliberation, 1 am satisfied that the action taken in General O'Ryan's case was contrary to the law, which niust always pfrevail, and was thdi-efore a nullity and created no vacancy that could be lawfully filled. " The present action in my judgmenlt is for the good of the Guard and will meet the approval of the best military opinion in the State." Membeks of the Pekky's Victory Centennial Com- mission . J Jan. 8. William J. Connlers, of Buffalo, to succeed John T. Mott, resign©!; no stated term. State Athletic Commissionee Jan. 9. James R. Price, of New York City, to suc- I ceed James E. .Sulliyan, resigned ; for a term ending Dec. 31, 1916. A Membee of the Boaed oe EMBALiiiiNG Examiners of THE State of New Yobk > i i , . , j . ' Jan. 15. Charles F. Moadinger, Jr., of the Bor- ough of Brooklyn, reappointed for a term to expire Dec. 5, 1915. 504 Public Papers of Goveenob Sxilzee Tkustees of the Supebme Coubt Libbaby at White Plains Jan. 21. William A. Sawyer, of Portcbester, to succeed J. Addison Young, term ex- pired; for a term ending Dec. 30, 1915. John M. Digney, of White Plains, to suc- ceed David H. Hunt, term expired ; for a term ending Dec. 30, 1916. Frank V. MiUard, of Tarrytown, reap- pointed for a term ending Dec. 30, 1917. Tbustebs of the New Yoek State School of Agbi- culttjbe on long island Jan. 23. Ira H. LeVeen, of Richmond Hill, to suc- ceed Frederick H. Cox, term expired; for a term ending April 18, 1914. Mar. 31. Daniel T. Cornell, of Rosebank, to suc- ceed William A. Shortt, term expired; for a term ending March 31, 1916. A Mbmbee of the State Advisoby Boabd in Relation TO Ageicultubal Education and CouNTEY Life Advancement Mar. 28. James R. Day, of Syracuse, to succeed Calvin J: Huson, who became ex officio a member of said Board upon being ap- pointed Commissioner of Agriculture. Teustees of the Schuyleb Mansion Mar. 31. Ledyard Cogswell, of Albany, reaj)- pointed for a term to expire April 1, 1918. May 3. James Fenimore Cooper, of Albany, re- appointed for a term to expire April 1, 1918. Appointments 505 Trustees of the Supreme Court Library at Tboy Mar. 31. Calvin S. McChesney, of Troy, to suc- ceed Lewis E. Griffith, term expired; for a term ending Dec. 30, 1913. ^ William J. Roche, of Troy, reappointed for a term to expire Dec. 30, 1914. Michael A. Tierney, of Troy, reap- pointed fbr a term to expire Dec. 30, 1915. Trustees of the Supreme Court Library at Norwich April 8. Arthur W. Morse, of New Berlin, to suc- ceed Hubert C. Stratton, term ex- pired ; for a term ending Dec. 30, 1913. Daniel B. Cushman, of Norwich, to suc- ceed Howard D. Newton, term ex- pired ; for a term ending Dec. 30, 1914. Albert F. Gladding, of Norwich, reap- pointed for a term to expire Dec. 30, 1915. George W. Ray, of Norwich, reappointed for a term to expire Dec. 30, 1916. Charles W. Gray, of Greene, to succeed Eugene Clinton, term expired; for a term ending Dec. 30, 1917. Trustees of the New York Agricultural Experiment Station May 3. Adrian Tuttle, of Watkins, to succeed Al- fred G. Lewis, term expired ; for a term to expire June 9, 1914. Thomas B. Wilson, of Hall, reappointed for a term to expire March 27, 1914. 506 Public Papers bp Goveenoe Stjlzbe Members Op the Emancipation Peoclamation Com- mission (Pursuant to the provisions of chapter 532 of the Laws of 1913) May 16. Robert N. Wood, of New York City, who is; designated asiohairman. ; Sumner H. ; Lark, of the Borough of . Brooklyn, who is designated as vice- chairman. , i , ! Rev. Gr,. Simms, of New York City. John R. Hillery, of New York City. Rev. William A. Byrd, of 'Rochester. James D. Carr, of New York City. John ' Clay ton, of New York City. James H. Anderson, of New York City. Dr. W. E. B. DuBois, of New York City. Jufle 9. Jh Henry Taylor, of New York city, who is' designated as vice-chairman to suc- ceed Sumner H. Lark, resigned. Terms to end ninety days after closing of celebra- tion. ; . . '}'. Members or the- New York Monuments Commission '"FOR THE Battlefields of GhEi'TTSBUEG, Chatta- nooga AND Antietam (Pursuant to the provisions of chapter 550 of the Laws of 1913) No stated term. May 17. Colonel Clinton- Beckwith, of Herkimer. Colonel Lewis R. Stegman, of the Bor- ough of Brooklyn. , 27. General Horation C. King, of the Bor- j j, J , ough of Brooklyn. The Adjutant-General is ex officio a member of the above Commisision. Appointments 507 Membees op the Samuel J. ,,Tii<''' : tion. Post Waedens of TfiBiPoEx of New Yoek ' Mar. 24. William H. Burns, of New York City, re- ■ appointed for a term to expire March rl5, 1916.: Confirmed March 24. April 22.; Richard O 'Keeffe, of New York City, to succeed Michael H. Blake whose term expires May 18. Term to expire May 18, 1916. Confirmed April 29. 512 Public Papers of Govebnob Stjlzbb Agent op the Onondaga Indians, Residing on the Al- legany, Cattabaugus, Tuscaeoba and Tona- , WANDA ReSEBVATIONS Mar. 31. Mrs. Emily P. Lincoln, of Iroquois, re- appointed for a term to expire April 15, 1916. Confirmed March 31. Agent op the Onondaga Indians Residing on the Onondaga Resebvation April 4. Elias B. Fenner, of South Onondaga, re- appointed for ia term to expire May 24, 1914. Confirmed April 22. Palisades Inteestate Paek Commissionees April 4. William H. Porter, of New York City, reappointed for a term to expire Feb- ruary 12, 19i8. Confirmed April 9. Frederick Sutro, of Bound Brook, N. J., to succeed William A. Lynn, resigned. Term to expire February 12, 1918. Confirmed April 9. Nathan F. Barrett, of New RocheUe, to succeed himself, failed to qualify. Term to expire February 12, 1917. Confirmed April 9. Charles W. Baker, of Montclair, N. J., to succeed Abram De Ronde, resigned. Term to expire February 12, 1917. Confirmed April 9. 7. Edward L. Partridge, of Cornwall-on- Hudson, to succeed D. McNeely Stauf- fer, deceased. Term to expire Febru- ary 12, 1914. Confirmed April 7. Appointments 513 Trustees of Washixgton's Headquarters April 7. William F. Cassedy, of Newburgli, re- appointed for a term to expire April 1, 1918. Confirmed April 22. David A. Morrison, of Newburgh, reap- pointed for a term to expire April 1, 1918. Confirmed April 22. George R. Brewster, of Ne-v^^biirgli, to, succeed John H. Roy, resigned. Term to expire April 1, 1917. Confirmed April 22. , , , Newtown Battlefield Reservation .Commissioners (Pursuant to tbe provisions of chapter 167 of the Laws of 1913.) April 7. John Brand, of Elmira. Term to expire Feijruary 1, 1918. Confirmed April 7. Ray Tompkins, of Ehnira. Term to ex- pire February 1, 1917. Confirmed April 7. William H. Lovell, of Elmira. Term to expire February 1, 1916. Confirmed April 7. John M. Connelly, Elmira. Term to ex- pire February 1, 1915. Confirmed April 7. Harry Hoffman, Elmira. Term to ex- pire February 1, 1914. Confirmed April 7. COMMISSIOJJER OP EfFI^IENQY AND EcONOMY (Pur§iiant to the provisions of chapter 280 of the '' Laws of 1913.) April 21. John H. Delaney, of the borough of Brooklyn. Term to expire April 29, 1918. Confirmed April 29. 17 514 Public Papers of Goveenoe Sulzee commissioneb of highways (Pursuant to the provisions of chapter 80 of the Laws of 1913.) April 21. John N. Carlisle, of Watertown. Term to expire April 29, 1918. Confirmed April 29. COMMISSIONEE OF LaBOE (Pursuant to the provisions of chapter 145 of the Laws of 1913.) April 21. John Mitchell, of Mount Vernon, to suc- ceed John Williams, resigned and term expired. Nomination rejected by' the Senate May 2. May 3. John Mitchell, of Mount Vernon. Nom- ination rejected by the Senate May 3. 16. John Mitchell, of Mount Vernon. Ap- pointed during the recess of the Sen- ate. Note. — This appointment was declared illegal by the court. State Faie Commissioner April 28. Thomas J. Cummings, of Dunkirk, to succeed Ira Sharp, whose term ex- pires June 1, 1913. Term to expire June 1, 1918. Confirmed May 3. Special Poet Waeden of the Poet of New Yoek May 14. Michael T. Donnelly, of New York City, to succeed J. F. Elwood, resigned. Re- cess appointment requiring confirma- tion. Appointments 515 Associate Members of the Industrial Board (Depart- ment OF Labor) (Pursuant to the provisions of chapter 145 of the • ' Laws of 1913) May 16. Charles C. Flaesch, of Unadilla. Pauline Goldmark, of New York City. Richard J. CuUen, of New York City. Maurice Wertheim, of New York City. Recess appointments requiring confirmation. Trustees op the State College of Forestry at Syra- cuse University (Pursuant to the provisions of chapter 339 of the Laws of 1913.) May 24. Charles Andrews, of Syracuse. John R. Clancy, of Syracuse. George W. DriscoU, of Syracuse. Hendrick S. Holden, of Syracuse. Louis Marshall, of New York City. Harold D. Cornwall^ of Beaver Falls. Alexander T. Brown, of Syracuse. Edward H. O'Hara, of Syracuse. Recess appointments requiring confirmation. STATE HOSPITALS Manager of the Buffalo State Hospital Jan. 14. May Perry Cooke, of Buffalo, reajj- pointed for a term to expire Decem- ber 31, 1919. Confirmed January 14. Manager of the Middletown State Homeopathic Hospital Jan. 22. Frank Harding, of Middletown, to suc- ceed Charles L. Mead, term expired. Term to expire December 31, 1919. Confirmed February 20. 516 Public Papeks of Goveknok Sulzek Manager of the Gowanda State Homeopathic Hospi- tal Jan. 2^. William F. Wierling, of Buffalo, to suc- ceed Eugene H. Porter, term expired. Term to expire December 31, 1919. Confirmed February 20. Manager op the Willaed State Hospital Feb. 10. John W. McCarriagher, of Ovid, to suc- ceed William S. MacDonald, term ex- pired. Term to expire December 31, 1919. Confirmed February 20. Manager of the Saint Lawrence State Hospital Feb. 12. Mary S. Goodale, of Watertown, reap- pointed for a term to expire Decem- ber 31, 1919. Confirmed February 12. Manager of the Utica State Hospital Feb. 12. John D. Kernan, of Utica, reappointed for a term to expire December 31, 1919. Confirmed Febihiary 12. • Managers of the Manhattan State Hospital Feb. 13. Julia Kemp West, of New York City, re- appointed for a term to expire Decem- ber 31, 1919. Confirmed February 17. Jacob Katz, of New York City, reap- pointed for a term to expire Decem- ber 31, 1917. Confirmed February 13. Robert Abraham, M. D., of New York City, to succeed Edward T. Moriarty,' resigned. Term to expire December 31,1918. Confirmed March 13. Manager of the Binghamton State Hospital Feb. 17. William H. Hecox, of Binghamton, re- appointed for a term to expire Decem- ber 31, 1919. Confirmed February 17. Appointments 517 Managers of the Hudson River State Hospital Feb. 17. William B. Dinsmore, of Staatsburg, re- appointed for a term to expire Decem- ber 31, 1919. Confirmed February 17. Horatio N. Bain, of Poughkeepsie, reap- pointed for a term to expire December 31, 1916. Confirmed February 17. Managers of the Mohansic State Hospital Feb. 17. William I. Sirovich, M. D., of New York City, to succeed John C. Clark, re- signed. Term to expire December 31, 1914. Confirmed February 20. 26. John J. CrenUjan, of New Eochelle, to succeed. Fi:ank Tucker, term expired. Term to expire December, 31, 1919. Confirmed March 13. 27. Arthur Outram Sherman, of Rye, reap- pointed for a term to expire Decem- ber 31, 1916. Confirmed February 27. Manager qF the Kings Park State Hospital Feb. 19. Matthew J. Tobin, of the borough of Brooklyn, reappointed for a term to expire December 31, 1919. Confirmed February 19. Managers of the Long Island State Hospital Feb. 24. Penelope Bond Lee, of, the borough of Brooklyn, to succeed Mabel L. Hast- ings, term expired. Term to expire December 31, 1919. Confirmed Feb- ruary 24. Mar. 28. Grace Wilson Whitehall, of the borough of Brooklyn, reappointed for a term to expire December 31, 1915. Con- firmed March 28. 518 Public Papeks of Goveknoe Sulzeb Manager op the Rochestee State Hospital Feb. 24. John S. Bronk, of Rociiester, to succeed G-eorge Herbert Smith, term expired. Term to expire December 31, 1919. Confirmed March 13. Manager op the Central Islip State Hospital Mar. 25. Harry C. Hart, of New York City, to succeed Lewis Haase, term expired. Term to expire December 31, 1919. Confirmed March 27. CHARITABLE INSTITUTIONS Managers op the State Agricultural and Ixpustrial School Jan. 20. Geofge T. Roche, of Rochester, to suc- ceed Joseph B. Hone, deceased. Term to expire February, 1919. Confirmed February 20. Feb. 6., James E. Lockington, of Lima, to suc- ceed Charles E. Bunderlin, term ex- pired. Term to expire February, 1920. Confirmed February 20. Manager of the Syracuse State Institution foe Feeble-Minded Children Jan. 20. Ralph S. Bowen, of Syracuse, reap- pointed for a term to expire Febru- ary, 1920. Confirmed January 20. Manager of the Western House op Refuge foe ^OMEN Jan. 21. Caroline H. Bliss, of Buffalo, reap- pointed for a term to expire February, 1920. Confirmed Januavv 21. Appointments 519 Mana(!ers of Letchwokth Village >' ... Feb. 4. Gouverneur Morris Carnochan, of New City, to succeed Frank A. Vanderlip, term expired. Term to expire Febrij^ ary, 1920. Confirmed February 6. 10. Frank A. Vanderlip^ of Scarboro, to suc- ceed Marion R. Taber, resigned. Term to expire February, 1914. Confirmed February 20. Mar. 27. Mary W. Harriman, of Arden, to succeed L. Pierce Clark, M- P-> resigned. Term to expire February, 1915. Confirmed March 27. Managers of the State Rbpobmatoey for Misdemean- ants Feb. 5. George, M. Parker, of New York City, reappointed for a term to expire Feb- ruary, 1914. Confirmed February 20. James E. Dougherty, of New York City, reappointed for a term to expire Feb- ruary, 1915. Confirmed February 20. James F. Boyle, of New York City, re- appointed for a term to expire Febru- ary, 1916. Confirmed February 20. Herbert H. Lehman, of New York City, to succeed George G. Davidson, Jr., term expired. Term to expire Febru- ary, 1917. Confirmed February 201 Cyrus L. Sulzberger, of New York City, reappointed for a term to expire Feb- ruary, 1918. Confirmed February 20. Jacob Ruppert, Jr., of New York City, to succeed Tjiborty Hyde Bailey, term expired. Term to expire February, 1919. Confirmed February 20. 520 Public Papers of Governor Sulzer Feb. 5. John J. Brady, of Albany, reappointed, for a term to expire Febi;uary, 1920. Comfirmed February 20. Manager of the State Industrial Farm College Feb. 5. Isaac Dalrj^mple, of Preston, to succeed Joseph Beal, term expired. Term to expire February, 1920. Confirmed February 20. Managers of the Craig Colonv for EMleptics Feb. 6. Edith Winton, of Addison, to succeed Jeanette E. Hawkins, resigned. Term to expire February, 1915. Confirmed February 6. 17. Percy L. Lang, of Waverly, reappointed for a term to expire Februarj^, 1920. Confirmed February 17. Managers of the New York State Reformatory for Women Feb. 10. Katharine Cowdin Marquand, of Bed- ford, reappointed for a term to expire February, 1920. Confirmed Febru- ary 10. 17. Florence Jaffray Harriman, of Mt. Kisco, reappointed for a term to ex- pire February, 1914. Confirmed Feb- ruary 17. Trustees of the New York State Sqi^diers and Sail- ors' Home Feb. 10. Jaines R, Silliman, of New York City, to succeed William W. Robacher, term expired. Term to expire February, 1920. Confirmed February 20. Appointments 521 Teustees of the New York State HospttAL foe the Treatment of Incipient Pulmonary Tubebcu- LOSIS Feb. 17. Jolin Henry Huddleston, M. D., of New York City, reappointed for a term to expire February, 1920. Confirmed February 17. Manager of the New York State . Training ScHOOii FOR Boys Feb. 17. Tbomas Pearsall Field, of Sbrub Oak, reappointed for a term to expire Feb- ruary, 1920. Confirmed February 17. Managers of the Ne-vV: York State Training School FOB Girls Feb. 17. Charles D. Hilles, of Dobbs Ferry, to succeed Frederick C. Brown, resigned and term expired. Terai to expire ■ 1 February, 1916. Confirmed February 17. Mar. 24. Annie Winsor ' Allen, of White Plains, reappointed for a term to expire Feb- ruary, 1918. Confirmed March 24. - April 14. Edith Eeiffert, of New York City, to suc- oeedi Charles D. Hilles, failed to qual- ify. Term to ;expire February, 1916. Confirmed, April 22. Managers of 'TtiE Bome State Custodial Asylum Mar. 10. G-eorge H. Brown, of Rome, to succeed James A. Douglass, whose term of office will. expire March 20. Term to expire February, 1920. Confirmed March 20. 522 Public Papei{s ok Gpvernok Sulzer Mar. 10. Frank Blake, of ClintoD, to succeed Ed- win F. Torrey, Jr., whose terni of office will expire March 20. Term to expire February, 1914. Confirmed March 20. William B. Reid, M. D., of Eome, to suc- ceed TiiomBsW. Singleton, whose term of office , .will ^expire March 20. Term to expire February, 1919. Con- firmed March 20. - ' Managers of the Thomas Indian School Mar. 10. Edward 6. Zeller, of Buffalo, to succeed Henry R. Howland, whose term of office will expire March 14. Term to expire February, 1914. Confirmed March 20. William C. Hoag, of Salamanca, to suc- ceed Alfred. L; Jimeson, whose term of office will expire March 14. Term to expire February, 1916. Confirmed March 20. William F. Woodward, of Growanda, to succeed Newton A. Chaffee, whose term of office will expire March 14. Term to expire February, 1917'. Con- firmed Miarch 20. Clara Fitzpatrick, of Buffalo, to suc- ceed Mate C. Grezinger, whose term of office will expire March 14. Term to expire February, 1918. Confirmed March 20. Walter S. Kennedy, of Gowanda, to suc- ceed William Hatch, whose term of office will expire March 14. Term to expire February, 1919. Confirmed March 20. Appoixtments 523 Mar. 10. William Hunt, of Buffalo, to succeed William S. Lawton, whose term of office will expire March. 14 Term to expire February, 1920. Confirmed March 20. 19. Frank Mount-Pleasant, of Niagara Falls, to succeed Theodore L. Jimer- son, term expired. Term to expire February, 1915. Confirmed March 20. Manager of the New Yokk State Hospital foe the Caee of Crippled and Deformed Children Mar. 24. Alice Chipman Dewey, of New York City, reappointed for a term to expire February, 1920. Confirmed March 24. Manager of the New York State Woman's Relief Corps Home Mar. 26. Laura B. Clarke, of Oxford, reappointed for a term to expire February, 1920. Confirmed March 27. Managers of the State Custodial Asylum for Feeble- minded Women at Newark Mar. 31. Sarah F. Arihstrong, of Penn Yan, re- appointed for a term to expire Feb- ruary, 1919. Confirmed March 31. April 2. James A. Randall, of Syracuse, to suc- ceed Albert T. Fowler, term expired- Term to expire February, 1920. Con- firmed April 22. 524 Public Papers of GovEitNOR Sulzeb Tbustebs oe the New York State School fob the. Blind Mar. 31. John Kennedy, of Batavia, to succeed Frank W. Severne, whose term of office will expire April 4. Term to ex- pire February, 1920. Confirmed March 31. Elizabeth D. Mix, of Batavia, to succeed Greorge E. Perren, whose term of office will expire April 4. Term to expire February, 1919. Confirmed March 31. APPOINTMENTS — (iOVERNOR AND SENATE County and City Officials County' Judge and Surrogate — Madison County' Jan. 1. Harrison W. Coley, of Oneida, to suc- ceed Michael H. Kiley, resigned. Con- firmed January 1. Justice of the City Court of the City of New York Jan. 1. Robert L. Luce, of New York City, to succeed Thomas F. Donnelly, who was elected as a justice of the Supreme Court, First Judicial District. Con- firmed January 1. Surrogate — Columbia County Feb. '5. Samuel B. Coffin, of Hudson, to succeed Greorge McClellan, resigned. Con- firmed February 6. App OINTMENTS O'SO Supreme Court Justices Justice of the Supreme Court, Fourth Judicial Dis- trict Feb. 18. Henry V. BoTst, of Amsterdam, as a justice of the Supreme Court of and for the Fourth Judicial District, to fill the vacancy caused by the death of James W. Houghton. Confirmed Feb- ruary 18. Justices op the Supreme Court, First Judicial Dis- trict April 21. Bartow S. Weeks, of New York City, as a justice of the Supreme Court of and fur the First Judicial District, to fill the vacancy caused by the death of Henry Bischoff. Confirmed April 24. Eugene A. Philbin, of New York City, as a justice of the Supreme Court of and for the First Judcial District, to fill the vacancy caused by the resigna- tion of Edward E. McCall. Confirmed April 24. .justice of the Supreme Court, Fifti-i Judicial Dis- trict May 13, Leonard G. Crouch, of Syracuse, as a justice of the Supreme Court of and for the Fifth Judicial District, to fill the vacancy caused by the death of Peter B. McLennan. Appointment made during recess of the Senate; docs not require confirmation. 526 Public Papees oe Gtovebnor Sulzer HONORARY Conference in New York City in February, 1913, for THE Purpose of Securing Legislation in the States of Connecticut, Massachusetts, Ver- mont, New Hampshire, New York, New Jer- sey AND Pennsylvania, in Order to Control the Production and Handling of Milk and to Elim- inate Bovine Tuberculosis Jan. 20. Delegates to Conference : Harry B. Winters, Albany. Albert Manning, Otisville. Julius Broder, M. D., New York City. Conference on Medical Education and Legislation Jan. 27. Delegate to the conference on medical education and legislation of the Amer- ican Medical Association, to be held in Chicago, HI., February 24^25, 1913: William T. Jenkins, M. D., St. George, S. L General Assembly of the International Institute OF Agriculture Jan. 29. Delegates to the meeting of the General Assembly of the International Insti- tute of Agriculture, to be held in Rome, Italy, in May, 1913. Vincent Astor, New York City. Benjamin F. Yoakum, New York City. George Nieman Lauman, Ithaca. William C. Brown, New York City. Henry Morgenthau, Jr., New York City. Elliott B. Norris, Sodus. J. William Sanbury, Busti. Frederick H. Allen, of New York City. Appointments 527 Jan. 29. Joseph N. Prancolini, New York City. Charles C. Mitchell, Millbrook. Edward Hart, New York City. Robert B. Van Cortlandt, New York City. Mrs. Kate Trimble Woolsey, New York City. All the States in the Union will be represented at the above meeting. The delegates will be officially re ■ ceived by the King and Queen of Italy, and upon leav- ing Rome will be divided into committees and will visit various European countries for the study of the following subjects: Promotion of agriculture by the governments and by voluntary organizations of the agricultural classes. The application of the co-operative system to agri- cultural production, distribution and finance. The effect of co-operative action upon social condi- tions in rural communities. The relation of the cost of living to the business or- ganization of the food producing clashes. Federal Aid Gtood Roads Convention Feb. 10. Delegates to the Second Federal Aid Good Roads Convention, to be held in Washington, D. C, March 6-7, 1913 : Elihu Root, New York City. James A. 'Gorman, New York City. Lathrop Brown, St. James, L. I. Dennis 'Leary, Douglaston. Frank E. Wilson, New York City. Harry Howard Dale, New York City. James P. Maher, New York City. William M. Calder, New York City. John J. Fitzgerald, New York City. . 528 Public Papehs of Gtoveknok Sulzeb Feb. 10. Daniel J. Griffin, New York City. James H. O'Brien, New York City. Herman A. Metz, New York City. Daniel J. Riordan, New York City. Henry M. Goldfogle, New York City. Jefferson M. Levy, New York City. Micbael F. Conry, New York City. Peter J. Dooling, New York City. Joiin F. Carew, New York City. Tjh,omas Gr. Pat;ten> New York City. Walter , Mr Chandler, New York City. Francis Burton Harrison, New York City. Henry George, Jr., New York City. Henry Bruckner, New York City. Joseph A. Goulden, New York City. Woodson E. Oglesby, Yonkerg. Benjamin Irving Taylor, Harrison. Edmund Piatt, Poughkeepsie. George McClellan, Kinderhook., Peter G. Ten Eyck, Albany. Janies S. Parker, Salem. Samuel Wallin, Amsterdam. Edwin A. Merritt, Jr., Potsdam. Luther W. Hott, Os\^fego. Charles A. Taloott, Utica. George W. Fairchild, Oneonta. John R. Clancy, SyrkcuSe. Sereno E. Payne, Auburn. Edwin S. Underbill, Bath. Thomas B. Dunn, Rochester. Henry G. Danforth, Rochester. Robert H. Gittens, Niagara Falls. Charles B. Smith, Buffalo. Appointments 529 Feb. 10. Daniel A. Driscoll, Buffalo. Charles M. Hamilton, Ripley. J. E. Soliwarzeribacli, Hornell. Daniel EothscMld, Ithaca. Frank J. McGuire, Verplanck. L. P. Butts, Oneonta. John A. Karg, Johnstown. William E; Leffingwell, Watkins. Frank M. Baucus, Troy. J. Arthur Jackson, M. D., Dannsville. R. H. Strong, Millbrook. Advisory GtGod Roads Commission Feb. 24. Members of the Commission to investi- gate the subject of improvement of road cons-truction, the proper main- tenance of the same, together with the proper administration of the High- way Dejjartment. Charles E. Treman, Ithaca. Edward H. Butler, Buffalo. William D'H. Washington, New York .City. Prof. A. H. Blanchard, New York City Paul L. Schultze, Troy. George H. McGuire, Syracuse. William Pierr6pont White, Utica. James E. Gaffney, New York City. Eugene W. Stem, 'New York City. John F. McDonald, Niagara Falls. Arthur A. McLean, Newburgh. Henry T. McCord, Merrick. John J. -Hopper, New York City. Amasa J. Parker, Albany. Augustus Thomas, New York City. 530 PuBbic Papers of Goveknob Sulzer Feb. 10. Arthur J. Deer, Hornell. Daniel B. Cushman, Norwich. Lawrence C. Kerwin, Hempstead. John McGr'arvey, Rochester. "I liave carefully selected the, members of thi^ CommisBion," said the Governor, "to confer with me and toadv^ise me regarding the best way to carry out the provisions of the bill whioh has just passed the Senate, and which I trust will soon pass the Assembly reorganizing the Department of Highways into the Department of Good Roads, and providing every agency to build good roads ^ and to maintain them. I am anxious to avoid the mistakes of the past, and to be sure to build good roads for the people in the future and do it in the most econom- ical and the most effiteient way; and to provide for their careful main- tenance. " Jlost of these Commissioners are experts and specialists regarding the whole subject-matter and are men in whose judgment I have great confidence. They will, of course, make , suggestions and recommenda- tions to me, not (?nly, as to the appointinents under the new law, hut as to the best manner of doing the work so that the taxpayers will get' a dollar's woi-th of good roads for every dollar of their money ex- pended. There is nothing in the State to-day in which I am more deeply concerned. Those who know my sentimetats know this. I want to go slow and be sure to make no rnistakes. To this end I want the lioat counsel and advice of the best experts I can get. " I have lask^d) these gentlemen " said the Governor in conclusion, " to meet me at the Executive Chamber next Monday at noon and we will then confer, and work in harmony to get the best results for the general welfare." "Conference of the National Child Labor Committee Feb. 27. Delegates to the Ninth Annual Confer- ence of the National Child Labor Conimittee, to be held in Jacksonville, Florida, March 13-16, 1913. Samuel Grompers, New York City. Mrs. Florence Kelley, New York City. Leo Arnstein, New York City. Mrs. Mary K. Simkhovitch, New York City. Appointments 531 Feb. 10. Daniel Harris, New York City. George A. Hall, New York City. Paul M. Warburg, New York City. Pauline G-oldmark, New York City. Frederick Almy, Buffalo. Alfred J. Boulton, New York City. Mrs. Margaret Fitzgerald Lanson, New York City. Rev. John H. Holmes, New York City. Robert W. de Forest, New York City. Grace C. Stracliam, New York City. Rev. Father Francis J. Sullivan, New York City. Felix Adler, New York City. An&ley Wilcox, Buffalo. Joseph T. Ailing,. Rochester. Mrs. Walston Brown, Dobbs Ferry. William H. Maxwell, New York City. Mrs. Horace A. Eaton, Syracuse. Anna H. JHayes, Bensonhurst, L. I. George W. Alger, New" York City. Anna B. Pratt, Elmira. Mrs. Elmer J. Bissell, Rochester. John S. Henry, New York City. Mrs. Manfred W. Ehrich, New York City. V. Eyerit Macy, New York City. Belle R. Laverack, Buffalo. Mqr^nay Williams, New York City. Raymond V. Ingersoll, New York City. J. K. Paulding, New York City. Fred S. Hall, New Yoi-k City. " Zenas L. Potter, -Buffalo. oo2 Pl'blic Papeus of Govebnob Sulzek Meeting of the Amekican Academy of Political axd Social Science Mar. 15. Delegates to the Seventeenth Annual Meeting of the American Academy of Political and Social Science, to be held in Philadelphia, Pa., April 4-5, 1913. The six sessions of this meeting will ))e devoted to the discussion of cost of living in the IJnited States. Norman E. Mack, Buffalo. E. H. Butler, Buffalo. David S. Taylor, Buffalo. James W. Greene, Buffalo. G. K. Rudolph, Buffalo. Louis M. Antisdale, Rochester. 0. S. Adams, Rochester. Roy C. Kates, Rochester. Duncan Tillson, Rochester. Joseph T. McNally, Albany. Jaipes T. Glynn, Albany. Frank W. Clark, Albany. William C. Warren, Buffalo. George E. Priest, Ithaca. .John Moore, Elmira. Milo Shanks, Elmira. F. E. Gannett, Elmira. James H. Potts, Troy. William Connors, Troy. Francis W. Joslin, Trt»y. Edward H. O'Hara, Syracuse. Walter E. Gardner, Syracuse. - Willard D. McKinstry, Watertown. George W. Dunham, Utioa. Appointments 533 Mai^. 15. W. W. Canfield, Utica. James A. Clary, Jamestown. . . , Francis B. Mitchell, Rochester. Rev. C. W. Heizer, Ithaca. John Kennedy, Batavia. Rev. H. Philbrook Morrell, Buffalo. John R. Shillady, Buffalo. Don C. Seitz, New York City. Thomas Darlington, M. D., Now York City. Mrs. Elmer Black, New York City. IT. J. Wright, New York City. Rev. Madison C. Peters, New York City. Mrs. Frederick Nathan, New York City. Pauline Goldmark, N''W York City. Mrs. Robert Fulton Cutting, New York ^ City. Mrs. Seth Low, New York City. Mrs. Douglas Robinson, New York City. Jacob A. Riis, New York City. Rev. Thomas R. Slicer, New York City. Everett P. Wheeler, New York City. Inteknational Congeess on School Hygiene Mar. 26. Delegates to represent the State at the Fourth International Congress on School Hygiene, to be held in Buffalo, August 26-30, 1913. About thirty nations have signified their intention to send delegates to this Congress, and most of the States of the United States will be r-epresented. Charles B. Alexander, New York City. William H. Allen, New York City. Leonard P. Ayres, New York City. 534 Public Papers of Governor Sulzer Mar. 26. Edward E. Baldwin, M. D., Saranac Lake. John A. Barnette, M. D., Water-town. S. Josephine Baker, M. D., New York City. H. H. Benedict, New York City. Herman M. Biggs, M. D., New York City. William H. Bliss, Brooklyn. Chester A. Braham, New York City. Clara H. Bredel, Buffalo. Albert H. Briggs, M. D., Buffalo. W. C. Brown, New York City. A. R. Brubacker, Schenectady. P. I. Bugbeem, Oneonta. B. H. Butler, Jr., Buffalo. Andrew Carnegie, New York City. F. D. Carr, M.D., Batavia. Rev. William Sheafe Chase, Brooklyn. Mary B. Cleveland, New York City. Henry Clews, New York City. Charles A. Coffin, New York City. Robert J. Collier, New York City. John B. Congdon, M. D., Albany. Andrew J. Conlin, South Lansing. Wm. J. Comiers Buffalo. Mrs. Wm. J. Conners, Buffalo. George B. CortelyOu, New York City. Luzerne Coville, M. D., Ithaca. Mrs. John W. Cox, New York City. R. Fulton Cutting, New York City. H. P. Davidson, New York City. Spencer L. Dawes, M. D., Albany. William C. Demorest, New York Cily. , , ApPOIIfTMfiNTS 535 Mar. ,26. A. J. Dittqnlioefer, New York City. James Douglas, New York City. Cleveland H. D,odge, New York City. Andrew S. Draper, Albany. Abram J. Elias, Buffalo. Mrs. Abram j; Elias, Buffalo. Arthur W. Elting, M. D., Albany. Harrington Emerson, New York City. Robert Erskine Ely, New York City. Elizabeth E. Farrell, New York City. Mrs. J. Sloat Eassett, Elmira. Thomas E. Finegan, Albany. Stuyvesant Fish, New York City. Anna L. Flinn, Albany. Homer Folks, Yonkers, Henry C. Frick, New York City. A. S. Frissell, New York City. Francis E. Fronczak, M. D., Buffalo. Elbert H. Gary, New York City. Louis Grlnoksman, New York City. Evelyn M. G-oldsmith, New York City. Elgin L. Gould, New York City. James W. Greene, Buffalo. J. B. Gre;enhut, New Yprk City. Mrs. William Randolph Hearst, New York City. ; , George ,K. .Hawkins, Plattsburg. Charles R. Hedden, New York City. Frank C. B.. Held, Buffalo. John L. Heffron, M. D., Syracuse. Mrs. Charles E. Hensel, Bergen. Charles D. Hilles, Dobbs Ferry. William A. Howe, M. D., Albany. Franklin Chase Hoyt, New York City. 536 Public Papbes of G-overnoe Sulzee Mar. 26. Mrs. Alice Hubbard, East Aurora. Elbert Hubbard, Bast Aurora. Thomas H. Hubbard, New york City. Arcber M. Huntington, New York City. Abraham Jacobi, M. D., New York City. Eleanor H. Johnson, New York City. Otto H. Kahn, New Ydrk City. Daniel P. Kelly, Binghamton. Mrs, Ada Davenport Kendall, Hamburg. John A. Kingsbury, Yonkers. Rev. Gr. J. Krim, Buffalo. ]Dr. Cora B. Latin, Buffalo. Charles. S. Lecky, New York City. Herbert H. Lehman, New York City. Henry M. Leipziger, New York City. Frank W. Love, M. D., Buffalo. Miss Maria Love, Buffalo. Seth Low, New York City. Nornian E. Macli, Buffalo. Mrs. Norman E. Mack, Buffalo. Edward Mandel, New York City. Marcus M. Marks, New York City. Mrs. Clarence A. Martin, Ithaca. William H. Maxwell, New York City. Mrs. Sheldon E. Merri'man, Elba. John Gr. Milburn, New York City. John' Mitchell, Mt. Vernon. Mrs. Wm. A. Montgomery, Rochester. Miss M'ary L. Morgan, Buffalo. Henry Morgenthau, New York City. W. E. Milbank, M. D., Albany. J. Manning JVEoore, M. D., Albany. Frank H. Mott, Jamestown. Rosalie Slaughter Morton, M. D., New York City. Appointments 537 Ma,r. 26. W. C. Musclienhfiim,, New York City. Mary Adelaide Nutting, New York City. Henry Fairfield Osborn, New York City. John C. Otis, M, D., Pouglikeepsie. Frank Qverton, M. D., Patehogue. < George F. Parker, New York City. Eugene H. Porter, M. D., Albany. James B. Reynolds, New York City. Norman B. Ream, New York City. John Harsen Rhoades, New York City. James Riggs, Oswego. R. R. Rogers, Jamestown. Arthur G. Root, Albany. Simon W. Rosendale, Albany. Gerald K. Rudolph, Buffalo. Jacob H. Schiff, New York City. Mortimer L. Schiff, New York City. Nathaniel Schmidt, Ithaca. Anthony Schrieber, Buffalo. Isaac N.' Seligman, New York City. H. L. K. Shaw, M. D., Albany. Theodore P'. Shouts, New York City. Elbridge G. Snow, New York City. W. B. Sprague, TJtica. John B. M. Stephens, Rochester. Mrs. Willard D. Straight, Westbury, L. I. Nathan Straus, New York City. Oscar S. Straus, New York City. Grace C. Strachan, Brooklyn. David S. Taylor, Buffalo! Henry R. Towne, New York City. Clara Walker, Albany. Bi-ainard H. Warner, Clifton Springs. 538 Public Papers of Govehnok !Sim./ek Mar. 2(1 Paul M. Warburg, New York City. William C. Warren, Buffalo. W. A. White, D.D.S., Phelps. Clarence Whitman, New York City. Ansley Wilcox, Buffalo. Linsly R. Williams, New York City. Henry Rogers Winthrop, New York City. National Costfebence on Marketing and Faem Ceedits April 3. Delegates to the First National Confer- ence on Marketing and. Farm Credits to be held in Chicago, 111., on April 8-10, 1913. H. C. Elwood, Buffalo. William H. Zary, Watertown. William H. Giles, Skaneateles. Fred W. Sessions, Utica. Albert Manning, Otisville. E. H. Dollar, Hulberton. William H. Manning, Saratoga Springs. Convention of the International Association op Factory Inspectors April 8. Delegates to the Convention of the In- ternational Association of Factory Inspectors, to be held in Chicago, 111., May 6, 1913. John B. Andrews, New York City. W. B. Auchenpau, Oneonta. Joseph Barondess, New York City. John Bennett, Brooklyn. A. J. Boulton, Brooklyn. ArtLur Breen, Brooklyn. J. M. Breen, Rochester. Appointments 539 April 8. Jolm Brennan, Saranac Lake. Simon Brentano, New York City. Charles Burns, Brooklyn. Jeremiah T. Carey, Albany. Walter Charles, Binghamton. D. J. Conroy, Coming. Thomas J. Crowley, Little Falls. Eichard H. Curran, Eochester. Ed^vard T. Devine, New York City. John Dignum, Albany. Anthony P. Donohne, New York City. James Dooley, Brooklyn. Eobert E. Bowling, New York City. Mary E. Drier, Brooklyn. Abram I. Elkus, New York City. George A. Farrell, Batavia. Thomas D. Fitzgerald, Albany. Edward Fitzgibbons, White Plains. John Fitzgibbons, Oswego. J. Fogarty, Syracuse. T. M. Grafney, Syracuse. John Gill, New York City. Pauline Goldmark, New York City. , Samuel Gompers, New York City. J. E. Gray, Eensselaer. Daniel, Harris, New York City. W. Hopkins, New York City. Edward D. Jackson, Buffalo. Florence Kelley, New York City. Frank Keough, ; Eochester. M. J. Kiely, Hornell. Charles T. King, Norwich. Emanuel Koveleski, Eochester. E. A. Lilley, Elmira. 540 Public Papers of Gov^knob Sulzek April 8. J. T. McLaughlin, Bata-^^a. R. E. Maleady, Corning. Thomas Milan, Elmira. John Mitchell, Mt. Vernon. Henry Morgenthau, New York City. Henry Moskowitz, New York City. Stephen Murray, Brooklyn. Frank Noe, Port Jervis. Fred Northrup, Poughkeepsie. H. J. O'Brien, Rochester. John M. O'Hanlon, Troy. Miss Frances Perkins, New York City. Cyrus W. Phillips, Rochester. Samuel Prince, New York City. R. R. Quirk, New York City. Alexander Rosenthal, Utica. Joseph Robyns, Oneida. Jeremiah Ryan, Binghamton. William Ryan, Schenectady. John Scott, Butfalo. Henry R. Seager, New York City. James Sheehan, Rochester. B. L. Sheintag, New York City. Alfred E. Smith; Ncav York City. Nathaniel Smith, Ithaca'. C. W. Snyder, Port Jervis. J. 0. Spellman, Rochester. C. E. Stickles, Owego. C. Q. Taylor, Middletown. Charles Tierney, Middletown. Prank A. Tierney, Albany. Thomas Tracey, Geneva. Frank Vincent, Utica. Robert F. "Wagner, New York City. Appointments 541 April 8. Lillian D. Wald, New York City. Thomas G. Walsh, Elmira. William J. Walsh, New York City. Timothy Walsh, Port Jervis. John S. Whalen, Rochester. W. C. WMsh, Albany. John Williams, Utica. George W. Wrightson, Ravena. American Peace Oongkess April 24. Delegates to the Fourth American Peace Congress, to be held in St. Louis, Mo., May 1-3, 1913. Andrew Carnegie, New York City. Mrs. Elmer E. Bfack, New York City. Hamilton Holt, New York City. Nicholas Murray Butler, New York City. Marcus M. Marks, New York City. Frank F. Williams, Buffalo. Oscar S. Straus, New York City. Daniel J, Dugan, Albany. Daniel D. Frisbie, Middleburgh. Rev. Chas. E. Jefferson, New York City. Rev. James B. Remensnyder, New York City. Andrew B. Humphrey, New York City. Leroy Parker, Batavia. Sarah S. Mackin, Washington, D. C. Conference on Weights and Measures May 6. Delegates to the Eighth Annual Confer- ence on Weights and Measures, to be held in Washington, D. C, May M-16, 1913. John L. Walsh, New York City. Calvin E. Keach, Troy. • 542 Public Papers of Governok SuLiSEK International Purity Congress May 16. Delegates to the Seventh. International Purity Congress, to be held in Minne- apolis, Minn>, Nov. 7-12, 1913. William S. Bennett, New York City. Rev. Charles H. Parkhurst, New York City. Ernst J. Lederle, New York City. Elizabeth H. Muncie, New York City. American Association for Labor Legislation May 26. Delegates tb represent the State at the conference of the American Associa- tion for Labor Legislation, to be h4?ld in Chicago, 111., June 6-7, 1913. Kobert W. DePorest, New York City. J. W. Jenks, New York City. Paul M. Warburg, New York City. John B. Andrews, New York City. Felix Adler, New York City. Leo Arnstein, New York City. E. J. Cornish, New York City. Miles M. Dawson, New York City. Edwin W. De Leon, New York City. Edward T. Devine, New York City. Mary Dreier, Brooklyn. Otto M. Eidlitz, New York City. Lee K. Frankel, New York City. Josephine Goldmark, New York City. Leonard W. Hatch, Albany. Florence Kelley, New York City. Owen E. Love joy. New York City. Anne Morgan, New York City. Thomas M, Osborne, New York City. P. Tecumseh Sherman, Auburn. Appointmejsts 543 May 26. W. G-ilman Thompson, New York City, John Williams, Utica. C. E. A. Winslow, New York City. Samuel Grompers,, New York City. Daniel Harris, Nbav York City. Ameeicajst Confeeence on Social Insurance May 27. Delegates to the First Arrierican Con- ference on Social Insurance, to be held in Chicago, 111., June 6-7, 1913. Samuel McCune Lindsay. John Mitchell, Mt. Vernon. Robert W. De Forest, New York City. Edward T. Devine, New York City. Miss Anne Morgan, New York City. HeixYj E. Seager, New York City. John Williams, Utica. Thomas M. Oshorn,' Auburn. Paul M. Warburg, New York City. Samuel G-ompers, New York City. P. TecTjmseh Sherman, New York City. Otto M. Edlitz, New York City. Leonard M. Hatch, Albany. Owen R. Lovejoy, New York (ity. W. Gilman Thompson, New York City. Miles M. Dawson, New York City. Edwin W. DeLeon, New York City. John B. Andrews, New York City. Fehx Adler, NeV York City. E. J. Cornish, New York City. Tjee K. Ftankel, New York City. Mrs. Florence Kelley, New York City. W. Pr. iRial, Batavia. William Oorluun Rice, AIIjutiv. John T. McDoiiongli, Albany. John Fitzgibbons, Oswego. 544 Public Papeks of Governoe Sulzek International Road Congress May 28. Delegates to the. Third Interna:tional Road Congress, to be held in London, Eng., June 23-28, 1913. ' Francis P. Smith, Mamaroneck. Arthur H. Blanchard, New York City. Conference of the American Association of Charity AND Correction June 10. Delegates to the fourth annual confer- ence of the American Association of Charity and Correction, to be held in Springfield, 111., June 24-26, 1913. Henry Solomon, New York City. Wm. R. Stewart, New York City. J. R. Kevin, M.-D., Brooklyn. Simon W. Rosendale, Albany. Dr. Frank M. Gow, Schuylerville. Nicholas W. Peters, Syracuse. Daniel W. Burdick, Ithaca. Horace McGuire, Rochester. Wm, H. Gratwick, Buffalo. Jos. C. Baldwin, Jr., Mt. Kisco. Dr. Stephen Smith, Mt. Kisco. Thos. H. Mulry, New York City. Herman Ridder, New York City. Robt. W. Hebberd, New York City. John B. Riley, Plattsburgh. Rt. Rev. Michael J. Lavejle, New York City. Mrs. Elbert H. Gerry, New York City. Mortimer L. Schiff, New York City. Rt. Rev. Mgr. J. L. Reilly, Schenectady. Prof. E. H. Briggs, Yorktown Heights. Charles B. Weisz, Troy. Appointments 545 June 10. Walter B. Oberlander, Syracuse. Wm. T. Shanahan, Sonyea. Richard W. Wallace, Albany. Mrs. Mary Hinkley, Poughkeepsie. , Carleton E. Ladd, Buffalo. Dr. A. W. Gross, Rochester. Rev. Dr. A. S. Crapsey, Rochester. Rev. Charles Graves, Albany. Samuel J. Tilden, New Lebanon. Alexander E. Oberlander, Syracuse. Mrs. Alex. E. Oberlander, Syracuse. Eugene M. Strouss, Rochester. S. Louis Schnitzer, New York City. Dr. Robert S. Hill, Albany. James H. Manning, Albany. Ansley Wilcox, Buffalo. Patrick Redmond, Watertown. George McLaughlin, Albany. Gouverneur M. Carnochan, New City. T. E. McGarr, Albany. Herbert S. Sisson, Buffalo. Mary L. Lewis, Buffalo. Mary Love, Buffalo. Jos. F. Mooney, New York City. Henry Moskowitz, New York City. Mrs. J. B. Harriman, Mt. Kisco. Cyrus L. Sulzberger, New York City. Rev. Olaf R. Miller, Albany. Frederick Almy, Buffalo. Dr. Hortense V. Bruce, Hudson. Bert R. Mitchell, Ithaca. R. E. Wentworth, Batavia. Frank C. Ferguson, Buffalo. 18 VII PART 2 APPOINTMENTS (Extraordinary Session) VII PART 2 APPOINTMENTS (Extraordinary Session) Appointments — Governor and Senate MeMBEBS I OF THE StaTE BoaBD OF MaIJAGEBS OF Ee- FOEMATOBIES Juije, 18. Willig,!!! F. Rafferty, of Kingston, to succeed John F- Herbert, term ex- pired. Danieli Schoonmaker, of Accord, to suc- ,ceed Frank B. ; Hoornbeek, term ex- pired. , , , , , , (The^enate .took, no action on the above nomina- tions.) Teustees of the State College of Foeestby at Syba- CUSE UnIVEBSITY . ; June 20. 1 Charles Andrews, (pf. Syracuse, , for a term to expire June 30, 1919. John R. Clancy, of Syracuse, for a term to expire June 30, 1919. , i , George W. DriscoU,, of, Syracuse, for a term to expire June 30,1919. Henclrick S. IJplden, of Syracuse, for a term to expire June 30, 1917. Louis Marshall, of New York City, fox; ^y term, to expire June 30, 1917. : IJarpld D. Cornwall,, ,pf Beaver Falls, for a term to expire June 30, 1917. Alexander T. Brown, of Syracuse,, ;5or a ternj to expire June 30, 1915. [549] 550 Public Papers of Governoe Sulzek June 20. Edward H. O'Hara, of Syracuse, for a term to expire June 30, 1915. All confirmed June 25tli.' ' ' July 8. Francis Hendricks, of Syracuse, in the place of George E. Dunham, hereto- fore appointed ' and unable to serve. The Senate took no action on this noni ination. Associate Members of the Industrial Board (Depart- ment OP Labor) June 23. Maurice Wertheim, of New York City, for a terni to expire December 1, 1914. Richard J. CuUen, of New York City, for a term to expire Deceml^r 1, 1915. Charles C. Flaesch, of Unadilla, for a term to expire December 1, 1916. Pauline Goldmark, of New York City, for a term to expire December 1, 1917 J AH confirmed Jime 25thi ■ > Trustee of Cornell University '■ June 23. John De Witt Warner, of New York City, to succeed Henry W. Sackett, term expired. ■ (The Senate took no action on the above nomination.) Wat KINS GlEn Reservation Commission June 23. John A. Clute, of Watkins, reappointed for a teriti to expire July 21, 1918. Confit'ined June 25. TiitrsTEBS OF THE State School of Agriculture and Domestic Science at Delhi (Pursuant to the l;irbvisions df chapter 675 of the ■ Laws of 1913.) June 24. Paul Nichols, of Walton, term to ex- pire June 25, 1917. Confirmed June 25. ApPOlNTMBiSTTS 551 June 24. Andrew J. Nichol, of Delhi, term to ex- pire June 25, 1917. Confirmed June 25. '■•■ : ^ ;. -f 'ih.ii"K '^ii'''' Harvey A. Williams, of Hancock, term to expire June 25, 1917, Confirmed : June 25. . ■ ,,|,.. William H. Maynard, of Delhi, term to expire June 25, 1915. Confirmed June 25. William H. Sheffield, of Hobart, term to expire June 25, 1915. Confirmed June ■,■ ■ ■ 25. , , ,. , ' ., - COMMISSIQNEKS OF THE StATE ReSEKVATION AT NiAGAEA June 25. Elton T. Ransom, of Ransomville, to suc- ceed Eugene Cary, term expired. Abram J. Elias, of Buffalo, to succeed Thomas P. Kingsfordy term expired. John L. Romer, of Buffalo, to succeed Charles M. Dow, term expired. , ^ ^., Obadiah W. ;Cu,tler, of Niagara, Falls, to succeed William B..,Howland, term ex- pired. I (The Senate took no. faction on the above nomina- tions.) Fire Island Statei Park Commissioners July '8. James W. Eaton, of Babylon, to succeed "' John H. Vail, term expired. ' ■ William Geiger, of Babylon, to succeed John Clinton Robbins; term expired. Alfre.l Wagstaff, of New Y'Ork City, to succeed Samuel Ij.' Parrish, terra ex- pired. 552 Public Papers of Govbknor Sulzek July 8. Edward C. Bltim^ of the; borough of Brooklyn, reappointed. (The Senate took no action on the above nomina- tions.) : i ' , OoMMISSrONEES OP PRISONS July 8. Rudolph* F. Diedling, M. D., of Sauger- ties-on-Hudson, to succeed Simon P- Quick, term expired. James T. Murphy, of Ogdensburg, to succeed Edgar A. Newell, term ex . (The Senate took no action on the above nomina- tions.) .; Hell Gate Pilot ; : -li i. July 8. Albert A. Por.dham, of City Island, re- appointed. (The Senate took no action on the above nomina- tion.) Public Service Commissioners, Seco'nd District July 8. William E. Leffingwell, of Watkins, to succeed Frank W. Stevens, resigned, and whose term of office had expired. Charles J. Chase, of Croton-on-Hudson, to succeed Curtis N. Douglas who was , appointed during the recess of the Sen- ate and whose term has expired. (The Senate took no action on the above nomina- tions. ) , Note. — On July 1st the Grovernor designated Martin S. Decker as the chairm;an of said Public Service Com- mission, second district, to succeed Frank W. Stevens in such office. Appointments 553 Commissioner of Labor July 8. James M. Lynch, of Syracuse, to succeed ' •'■ " John Williams, resigned. ( The Senate took no action on the above nomination. ) CHARITABLE INSTITUTIONS — GOVERNOR AND SENATE Trustee of the New York State Soldiers 'and Sailors' ''■''' Home ' ' ' '"■ ''■''■ June 23. Willson R. Caihpbell, of Bath, to succeed <■''•■ Benton McConnell,- deceased. Term to expire February, 1916. Confirmed June 25. Trustee of the New York State Hospital for the ' Treatment op Incipient Pulmonary Tubercu^ LOSIS • ■ July 8. George L. Brown^ of Elizabeth town, to succeed Martin E. : MeGlary, resigned. Term to expire February, 1917. (The Senate took no action on the above nomination.) APPOINTMBNTS — GOVERNOR DIRECT Member OF the Perry's Victory Centennial Commis- sion June 16. Willialrti F. Rafferty, of Syracuse, to suc- ceed Henry Harnion Noble, resigned. No stated term. Members, OF the Plattsburgh Centenary Commission (Pursuant to the provisions o^ chapter 730 of the Laws of 1913) June 16. Francis Lynde Stetson, of New York ^ ■"• City.^ Franklin D. Roosevelt, of Hyde Park. 554 Public Pafjjbs of Govebnok Sulzek June 16. Thomas F. Conway, of Plattsburgli. Heniy Harmon Noble, of Eseex. ,. Irving I. Groldsmith, of Saratoga . . , , , , Springs. ■ < , . - The members of above Commission to act with five appointed by the president of the Sena,te and five by the speaker of the Assembly. No stated term. Commissioner to Pkepabe Index to Session Laws and Statutes of THEiSTATS •; ,. (Pursuant to tbe^ provisions of chapter 673 of the li; : Laws of 1913.) , June 17. Frederick E. Wadhams, of Albany. No stated term. Members of the Commission to Inquire into the Sub- ject OF Pensions ob Other Relief fob Widowed Mothebs ■ ■ <,^ (Pursuant to the provisions of chapter 558 of the Laws of 1913) • June 19. Mrs. William Einstein, of New York City. William Hard, of- New York City. Miss Sophie Irene Loeb, of New York City. Ansley Wilcox, of Buffalo. , Dr. W^iUiam I. Sirovich, of New York City. , , John D. Lindsay, of New York City. E. Frank Brewster, of Rochester. ' No stated term. , , MeMBEES pF THE CoMMISSIOIf. ON New PbISONS , , June 20. Marcus T. Hun, of Albany, to succeed , : Joseph F., Scott, resigned. Appointments 555 June 20. Edwin M. Crocker, of Byron, to succeed Seymour Van Sailtvoord, resigned. Albion V. Wadhams, of Wadhams, to , ;. succeed William Townsend, resigned. Leon, Ci AVeinstock, of New York City, vice himself, resigned. Charles Oberlander, of Buffalo, to suc- ceed James G, Meyer, resigned. No stated term. Members iOF the State Boaed of Geogkaphic Names (Pursuant to the provisions of chapter 187 of the Laws of 1913.) '' June 20. Arnold J. F. Van Laer, of Albany ; term to expire June 20, 1915. Hugh P. Baker, of Syracuse; term to ex- pire June 20, 1917. July 5. Herman Lerby Fairchild, of Rochester; term to expire June 20, 1919. The Commissioner of Education and the State Geol- ogist iare memiaers ex officid of this board. Members of the New York State Commission fob the Blind (Pursiuant to the provisions of chapter 415 of the ''"'"''"' " •' Laws of 1913.) ■' June, 21. Miss Gertrude ' Bingham, of New York City; term to expire June 21, 1914. George B. Burd, of Buffalo; term to ex- pire June 21, 1915. Herbert L. Satterlee, of New York City ; terii^' to expire June 21, 1916. Miss Lucile A. Goldthwait, of New York City; term to expire June 21, 1917. Dr. John H. Finley, of New York City; term to expire June 21, 1918. 556 Public Papers oii' Gtoveknob Sulzbb Membebs of the Commission to Peovide foe the .Eeec- TiON Of a Monument to the 25th New Yoek Volunteee Cavalby (Pursuant to the provisions of chapter 717 of the Laws of 1913.) June 23. Abiel B. Parks, of White Sulphur Springs. Cbl. Heni-y C. Broas, of New York City. Gabriel F. Currey, of Liberty. John F. Wolff, of Washington^ D. ( '. Membebs of the Boabd of Gtoveenobs of the New York State Nautical School (Pursuant to the provisions of chapter 322 of the Laws of 1913. y June 26. Henry M. Randall, of Brooklyn; term to ;,, expire June 26, 1914.. Edwin T. Douglass, of Buffalo ; term to expire June 26, 1914. , Fred B. Dalzell, of New York City ; term to expire June 26, 1915. John C. Hatzel, of New York City; term to expire June 26, 1915. Charles , H. Bissikummer, of Albany ; term to expire June 26, 1915. George L. Norton, of New York City; term to expire June 26, 1916. Jacob W. Miller, of New York City; term to expire Juiie 26, 1916. Eugene F. Moran, of New York City ; term to expire J]ine 26, 1916. The Commissioner of Education is a member of the board ex oficio. Appointments 557 Appointive Members of the Public Health Council (Pursuant to the provisions of chapter 559 of the Laws of 1913.) June 27. Herman M. Biggs, M, D., of New York City, who is designated as chairman; term to expire January 1, 1914. Homer Folks, of Yonkers; term to ex- pire January 1, 1915. Mrs. Elmer Blair, of Albany; term to ex- pire January 1, 1916. Henry Neely Ogden, of New York City; term to expire January 1, 1917. Simon Flexner, M. D., of New York City; term to expire January 1, 1918. Edward Clark, M. D., of Buffalo; term to expire January 1, 1919. Members of the Tax Law Revision Commission (In accordance with the provisions of the Supply bill.) June 30. AUyn A. Young, of Ithaca. William Lustgarten, of New York City. John J. Hopper, of New York City. Edward L. Heydecker, of New York City. Thomas J. Creamer, of New York City. No stated term. Members of the New York Commission in Relation TO Motor Vehicle Legislation (Pursuant to the provisions of chapter 644 of the , ; Laws of 1913.) Julv 8. Samuel Walter Taylor, of New York ,. .; ^ City. 558 Public Papebs of Govebnob Sulzbk July 8. Fay C. Parsons, of Cortland. ■ Arthur' J. Deer, of Horiiell. No stated term. The above Commission to' act with commissioners appointed by the Governors of Maine, Vermont, New Hampshire, Massachusetts, Rhode Island, Connecticut, New Jersey, Pennsylvania, Delawai-e' and Maryland. Trustee of the New York' State School of Agbicul- TUEE ON Long Island July ^ 12. William Wirt Mills,' , of West New Brighton to succeed Daniel T. Cornell, resigned, for a term ending March 31, 1916. ' ' Trustees of the Supiieme Coubt Libbary at Pough- KEEPSIE -, July 17. John Hackett, of Poughkeepsiej reaj)- pointed for 'a term to expire December 30, 1916. ■ "* ' ' Samuel K. Phillips, of Matteaivan, re- appointed for a 'term to expire Decem- ber 30, 1917. Trustee of the Schoharie State Scho'ol of Ageicul- ture . July, 29. -Charles A. Wieting, of Cobleskill, reap- pointed foi^ a term to expire August 18, 1918. •■■ ' "■ ■ Appointive Member of t:^e.Sta*e Probation CfyMMis- SION. July 29. Alphonso T. Clearwater, of Kittgstdri, reappointed "for a term to expire July Aug. ]. John E. Mack, of Poug-hkeepsie, to suc- ceed John Hackett, resigned; term to expire December 30, 1916. f Appointments : — Goveriior Direct »ifi}[. .liiUin': > County OFnciAiis .H'l M „, \, CoKONEK — Sullivan County ' '>>i'i' l* •X July ^^29. Arch B.-'Ro'senstraus; of'Fallsburg, to ^'10 succeed Simon A. Kemp, deceased.' Coroner — Oneida' County ' -"""i^ ' Aug.' ^4. Herman J. Haberer, M. D., of Boonville, ' Z*^,, to succeed Price Lewis, M. D., removed .Y)i.J>lio( froni county. e"'f6'^>J^ '^" -.n^foH'.F'Va Honorary .ff3._^,t/i National Conpekence of Charity and Correction June 21. Delegates to the National Conference of Charity and Correction to be held at ' Seattle, Wash., July 5-12, 1913 : Homer Folks, Yonkers, '" Wm. Rhinelander' Stewart, New York ' City. ,ni>- .Jr J, Mt. JKisco. Simon W. Rosendale, Albany. ' Dr. Stephen Smith, New York City. Daniel W. Burdick, Ithada. Nicholas M. Peters, Syracuse. William'' H. Gratwibk, Buffalo. ' J. Richard Kevin,' Brooklyn. Thomas *M. Mulry, New York City. Horace McGuire, Rochester. Robert W. Hebberd, New York City. Louisa Lee Schuyler, New York City. Rev. Lymaii Abbott, New York City. Geo. P. Canfield, Peekskill. 560 Public Papeks of Goveknok Sulzeb June 21. Mrs. Edith L. Russell, Cardiff. Mrs. Ethel G. Russell, Cardiff. George E. Dunham, Utica. Miss Lillian D. Wald, New York; City. Owen R. Lovejoy, New^ York City. Edward T. Devine, l^ey( Yqrk City. Michael J. Drummond, New York City. Patrick A. Whitney, Ne>v York City. Mortimer L. Schiff, New York City. Frederick W. Kavanaugh, Waterford. Robert W. De Forest, New York City. Mrs. Chas. E. Housel, Bergen. Mrs. Sheldon E. Merriman, Elba. Mary L. Morgan, Buffalo. William Townsend, Utica. John M. Glenn, New York City. Henry Moskowitz, New York City. Frank Tucker, New Rpchelle. Geo. Nicholson, New York City. Samuel J. Tilden, New Lebanon. John B. Riley, Plattsburgh. Charles S. Rogers, Hudson. F. E. Gannett, Elmira. John A. Kingsbury, Yonkers. Mrs. Wm. B. Rice, New York City. Edward W. Sheldon, New York City. Dr. Felix Alder, New York City. Rev. etas. G. Sewell, Albany. Mrs. Bernard Bartow, Buffalo. Mrs. Wm. Bookstayer, Dunkirk. Dr. Edward B. Angell, Rochester. Miss Catherine Newbold, Poughkeepsie. Angus P. Thorne, New York City. Wm. P. Capes, New York City. Charles Gibson, Albany. Appointments 561 ^/ Canadian Porestev Convention ' June 25. Delegate to the Canadian TForestry Con- vention, to be held in Winnepeg, Can- •<"'* ^ ';;"'' ada, July 7-9, 1913. •'<■*' Hugh P. Baker, Syracuse. National Education Association ' July 1. Delegate to the National Education As- ■'^' " sociation, to be held in Salt Lake City, •''•'■'' Utah, July 7-11, 1913: Marv L. O'Connor, Buffalo. Nbgeo National Educational Congress ,' July 7. Delegates to the Negro National Educa- tional Congress, to be held in Kansas ^ City, M0.7 July 15-19, 1913. Mrs. Julia Jackson, Brooklyn. 'Rev. W; H. Brooks, New York City. Grace Campbell, New York City. 'N. B. Dobson, New York City. Geo. W. Harris, New York City. Hunter C. Haynes, New York City. Johri'C. Montague, New York City. •Mts.L. L. Williams, Brooklyn. Eev. J. H. Taylor, New York City. Dr. J. Henderson, New Yprk City. rMrs. Wm. Talbot, Buffalo. Hon. Fred Moore, New Yprk City. Rev. W. A. Alexander, Brooklyn. H. A. Spencer, Rochester. Chas. W. Anderson, New York City. John M. Royal, New York City. Rev. J. L. Curis, New York City. Jas. Percy Hill, New York City. Frank H. Gilbert, Brooklyn. Rev. J. C. Roberts, Binghamton. 562 Public Papees of . Gpveenob Sulzeb July 7. Eev. E. A. (J. ^^Qokg, Saratoga. Waltei: H. Stewart, jElmira. ,..,\_ J., H. McMull^o, Eochester. Ralph E. Langston, New York City. E. A. Jojinson, New Yoji:k: City. Eev. W. H, Moss, Brooklyn. I Eev. S. M. Times, Brooklyn. ,|lev; E. M. Maroney, Brooklyn. ThomafS Bell, New York City. Sumner JI. Lark, Brooklyn. George L.. Pryor, New, York City. Gertrude, Thomjpson, Epcjiester. . Eey. Alex, falters, Ifew York City. Prof. .Wm.: Burligh, New York City. Mrs. Uerith Byne, Eoch^^ter. Eev. L. I). Twisby, New York City. Dr, Owen Waller, Brooklyn. Mrs. J. Henry Taylor, New York City. Eev. W. A. Byrd, Eochester. Eev. C. H. Bishop, New York City. E. A. Taylor, M. D.,.New York City. Wtti. E. Gross, New York City. Eev. Wm. P. Hayes, New York City. Eev. J. C. Carlisle, Troy. Eev. W. H. Brooks, New York City. Dr. J. F: Thorpe, New York City. Lester A. Walton, New York City. Wm. E. Johnson, Brooklyn. Eev. W. Daniell, New York City. Anderson Washington, Batavia. Peter J. Smith, New; York City. Miss E^mmaJ'ox,, New York City. Appointments 563 Fiftieth Anniversary of the Emancipation of the Slaves July 7. Delegate's to the Fiftieth Anniversary of the Emancipation of the Slaves, to be held in Philadelphia, Pa., the first week in September, 1913 : Wesley Young, Brooklyn. J. H. Taylor, New York City. Gilchrist Stewart, New York City. J. Frank Wheaton, New York City. John B. Clayton, Brooklyn. Jos. L. Curtis, New York City. John E. G-l^ed, New York City. James H. Hayes, ifvfew York City. James L. Curtis,. N'ew York City. Louis A, Leavelle, New York City. Sumner H. Lark, Brooklyn. Geo. L. Pryor, New York City. Jas. D. Carr, New York City. Eev. A. Walters, New York Citj^. ' Jas. Mayhew, New York City. A. J. Simons, New York City. Mrs. S. J. Burrell, New York City. Mrs. Julia Lookett, New York City. Mrs. Sarah Battles, New York City. Geo. L. Pryor, New York City. Josephine Kellogg, New York City. Mrs. Lelia Walters, New York City. J. M. Dixon, New York City. Ml-s. Edith Gardner, New York City. Mrs. C. E. Jones, New York City. Mrs. Ella Williams', New York City. R. W. Justice, N^w York City. oG4 P[:blic Papers of Govbrnoe Sulzeb July 7. Captain Hamilton H. Blunt, New York City. William, Murrell, New York City. Wm. E. Gross, New York City. Mrs, Walter Taylor, New York City. Mrs. S. J. Page, New York City. Mrs. Sarah E. Grant, New York Cit\. J. H. Williams, New York City. Theo. B. Sraitli, New York City. Mrs. Walter Handy, New York City. Mrs. Clarence E. Scot, New York City. Mrs. Richard E. Cl^rk, New York City. Mrs. James Curtis, New York City. Mrs. C. S. Slowe, New York City. ' Mrs. Louise Brown, Brooklyn. R. M. Motley, New York City. Miss Sadie E. Parham, New York City. National; Conventiost of the Fob,waed-to-the-Land League July 8. Delegates to the First National Conven- tion of the Forward- to-the-Land League, to be held in Boston, Mass., August 6-9, 1913 : Francis B. Mitchell, Rochester. Joseph N. Francoloni, New York City. William C. Brown, New York City. Henry Morgenthau, Jr., New York City. Mrs. Elbert Hubbard, East Aurora. William Sa.nbury,, Busti. Calvin J. Huson, penn Yan. Dr. Franklin W. Hooper, Long Island City. J. J. Dillon, New York City. ArCOINTMENTS 565 July 8. Vincent Astor, New York City. H. W. Collingwood, New York City. , iBenjamin Yoakum, New York City.' H. A. Vanfredenburg, Port Jervis. Elliott B. Norris, Sodus. M. C. Burrit, New York City. Chas. C. Mitichell, MiUbrook. ... .' Frank C. Helyer, Morrisville. Dean H. E. Cook, Canton. Dean L; II. Bailey, Ithaea. C. W. Burkett, N^ew York City. Elbert Hubbard, East Aurora. J. W. Darrpw, Chatham. American Mining. Congress ; ,, July 18. Delegate to the American Mining Con- gress, to be held in Philadelphia, Pa., during the week of October 20, 1913: John Reginald . Burton, of New York City. MEETrN(3 OF THE AMERICAN' INSTITUTE OF CRIMINAL LaW and' Criminology July 25. Delegates to the Fifth Annual Meeting of the- American Institute of Criminal Law and Criminology, to be held in Montreal, ^Canada, September 3-4, 1913: John L. Ahearn, Buffalo. Carlos C. Alden, Buffalo. George H. Ansley, Salamanca. Lynn J. Arnold, Albany. Joseph Aspinwall, Brooklyn. Josieph S. Auenbach, New York City. H. Le Roy Austin, Albany. Henry Bacon, Goshen. ' 566 Public Papehs of Gtoveenoe Stjlzer July 25. William S. Bennett, New York City. Nathan Bijur, New York City. Herbert P. Bissell, Buffalo. Clarence E. Bloodgood, Catskill. Nelson P. Bonney, Norwich Henry V. Boret, Amsterdam. Charles N. Bulger, Oswego. Matthew P. Breen, New York City. Francis M. Burdick, New York City. John H. Burke, Ballston Spa. James Byard, Jr., Gooperstown. Frederick W. Cameron, Albany. John N. Carlisle, Watertown. Wiliam Carter, Avon. Alden Chester, Albany. Fi B. Church, Wellsville. Sanford T. Church, Albion. Emory A. Chase, Catskill. Aaron V. S. Cochrane, Hudson. Morris Cohn, Jr., Niagara Falls. Barber B. Connible, Warsaw. Maurice E. Connolly, Corona. Fred E. Converse, Ptalmyra. Thomas F. Conway, Plattsburgh. Frederick E. Crane, Brooklyn. James C. Cropsey,. Brooklyn. F. D. CuUin, OsweSgO;, Abraham Dittenhoefer, New York City. Thomas F. Donnelly, New York City. John E. Dos Passes, New York City. Thomas H; Dowd, Salamanca. Victor J. Dowling, New York City. Da;niel J. Dugan, Albany. Philip Henry Dtigro, New York City. Appointments , 567 July 25. Ahram I. Elkus, New York City. : Mitcljell L. Erlanger, New York City. Frank C. Ferguson,, Buffalo. Charles , C. Flaescli,; Unadilla. Nathaniel. Foote, i RjOclje^tpr. , , John Ford, New Yojrk City. Miles F. Frisbie, Schenectady. Edward. J. Qavegan, New York City. Leonard A. Giegerich, New York City. Siawnel Greenba,um, New York City. Edwin M. Grout, Brooklyn. Charles L. Guy, New York City. F'red.erick Haller, Buffalo. Daniel P. Hayes, Pleasantville. Grilbert D. B.{i<)Y July 25. Townsend Scudder, Glen Head. ,|, Samuel Nelson Sawyer, Palmyra._ John Sayles, Buffalo, i. Samuel Seabury, New York City, f/ Walter Lloyd Smith, Elmira. Thomas Spratt, Ogdensburg. ,M. C. Spratt, Buffalo.// 'Albert J. Squires, Batavia. John B. Stanchfield, Elmira. I Luke D. Stapleton, Brooklyn. John C. R. Taylor, Middletown. Col. Jacob L. Ten Eyck, Albany. Charles T.^^Terry, New York City. Arthur S. Tompkins, Nyack. James S. Truman, Owego. Greenleaf S. Van Gorder, Pike. William H. Wadhams, New York City. ■ A. D. Wales, Binghamton. E. D. Warner, Dunkirk. Edward G. Whitaker, New York City. Ernest C. Whitbeck, Rochester. Charles S. Whitman, New York City. John Woodward, Buffalo. Dedication of the Peace Palace at the Hague July 29. Delegate to represent the State at the dedication of the Peace Palace at the Hague on August 29, 1913. B. H. Warner, Geneva. William O. McDowell, New York City. Rt. Rev. David H. Greer, New York City. Rev. Wm. T. Manning, New York City. Rev. Junius B. Remensnyder, New York City. 570 Public Papeks of Goveenok Sulzek Julv 25. Rabbi Joseph Silverman, New York . " City. J. Pierpont Morgan, Jr., New York City. ' William G. McAdoo, New York City. Emily Harriman, New York City. Walter S. Page, London. William Loeb, Jr., New York City. Daniel Guggenheim, New York City. Victor H. Duras, New York City. Edwin A. McAlpin, Ossining. iNTEEWA'tlONAL CoNFEBENCE ON EDUCATION Aug. 5. Delegate to the International Conference on Education, to be held at the Hague in September, 1913; William O. McDowell, New York City. World Peace Congress,. Aug. 5. Delegate to the World Peace Congress, to be held at the Hague, August 20-26, 1913. "' William O. McDowell, New York City. VHI DESIGNATIONS VIII DESIGNATIONS Revocation of Designation of Justice Nathan L. Miller as Associate Justice of the Appellate Division of the Supreme Court, First Judicial Department State of New York -^ Executive Chamber Whereas the Honorable Nathan L. Miller, a Justice of ine Supreme Court of tlae Sixth Judicial District, having, been heretofore designated to sit as an As^o- ciat0 Justice pf the Appellate Division of the Supreme Court in and for the First Judicial Department, and he having filed his written request that such designation be revoked ; Now, theeefore, in accordance With the statute in siich cabe made and provided, the designation hereto- fore niade of date January 1, 1910, of the Honorable. Nathan L. Miller to' sit as Associate Justice of the Appellate Division of the Supreme Court in and for the First Judicial Department is hereby and at his own request revoked. GrivEN under my hand and the Privy Seal of the ' .' 'state at the Capitol in the city of Albany [l. s.] tiiis tliirteenth day of J'aiiuary in the year of our Lord one thousand nine hundred and thirteen. (Signed) WM. SUL^ER By the Governor: . Chester C. Platt Secretartj to the Governor [.573] 574 Public Papjchs of Goveknok Sulzer Designation of Justice Nathan L. Miller as an Associate Judge of the Court of Appeals State of New Yoek — * Executive Chamber Whereas the Judges of the Court of Appeals have certified to me that said court was unable by reason of the accumulation of ciauses pending therein to hear and dispose of the sariie with reasonable speed and have requested me to' desi^ate a justice of the Su- preme Court to serve as Associate Judge of the Court of Appeals to fill the vacancy now existing under the certificate heretofore made by the judges of said court, to wit, on December 16, 19i(); Therefore, by virtue of the power conferred upon me by section 7 of article VI of the Constitution, I do hereby designate the Honorable Nathan L. Miller, of the county of Cortland, who is, a Ju,stice of the Su- preme Court in and for the Sixth Judifiial District, to serve as' an Associate Judge of thje Court of Ap- peals from and after the thirteenth day >of January, 1913, until the causes undisposed of in said cpurt shall have been reduced, ]to two, hundred in number. ,' Given, uuder my hand and the Privy Seal, of the ■ State at the Capitol in the city of Albany [l. S.J this thirteenth day of January in the year of our Lord one thousand ni^e hundred and I thirteen,, (Signed) WI4, SULZER By the G;overnor : Chester C. Platt Secretary to the Governor Designations 575 Designation of Justice Henry D. Hotchkiss as an Asso= ciate Justice of the Appellate Division of the Supreme Court, First Judicial Department '' ' State of New Yoek — Executive Chamber '"') . (J J> '.»l-j,.'u If.. .-in*! ■ ■■ III , , It ,app' Chester C. Platt : , Secretary to the ; Governor Desig n.vtio n s 577 Revocation of Designation of Justice John Woodward as Temporary Associate Justice of the Appellate Divi = sion of the Supreme Court, Second Judicial Departs ment . State of New Yokk — Executive Chamber Whereas the Honorable John Woodward, a Justice of the Supreme Court of the Eighth Judicial District, having beeu heretofore temporarily designated to eit as an Associate Justice of the Appellate Division oi:' the Supreme Court in and for the Second Judicial De- partment, and he having filed his written request that such designation be revoked ; , Now, THEEEFOEB, in accor4arice with the statute in such case mad,e and prpvided the designation hereto- fore made of date January 16, 1911, of the HONOKABLE JoHN WOODWAED to sit as an Associate Justice of the Appellate Division of the Supreme Court in and for the Second Judicial Department, is hereby and at his own request revoked. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany [l. 3.] this first day of March in the year of our Lord one thousand nine hundred and thirteen. (Signed) WM. SULZER By the Governor : Chester C. PijATt ' Srcretarii to the Governor 19 578 Public Papeks of Goveknoe Sulzer Designation of Justice Luke D. Stapleton as Temporary Associate Justice of the Appellate Division of the Supreme Court, Second Judicial Department State of New York — Executive Chamber In accordance with section 2 of article 6 of the Con- stitution and the statute in such case made and pro- vided, the Honorable Luke D. Stapleton, of the borough of BrookljTi, who is a Justice of the Supreme Court of the Second Judicial District, is hereby temporarily designated as an Associate Jus- tice of the Appellate Division of the Supreme Court for the Second Judicial Department, to succeed John Woodward, whose temporary designation as such As- sociate Justice has been revoked, it appearing to my satisfaction upon the certification of the Honorable Almet F. Jenks, the presiding justice thereof, that an additional Associate Justice is necessary for the speedy disposition of the business before the court. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany [l. s.J this first day of March in the year of our Lord on« thousand nine hundred and thirteen. (Signed) WM. SULZER By the Governor : Chester C. Platt Secretary to the Governor Designations 579 Designation of Justice Harrington Putnam as Temporary Associate Justice of the Appellate Division of the Supreme Court, Second Judicial Department State , or New Yoek — Executive Chambeh In aocor9.3] 594 Public Papees of Govebnoe Sulzee Extraordinary Trial Term of Supreme Court in River^ head, Suffolk County, for the Trial of Cases Growing out of the Construction of Highways State op New York — Executive Chambee It appearing to my satisfaction that the public in- terest requires it: Therefore, in accordance with the statute in such case made and provided, I do hereby appoint an Ex- traordinary Trial Term of the Supreme Court to be held at the courthouse in Riverhead, Suffolk county, N. Y., on Thursday, August 21, 1913, at ten o'clock in the forenoon of that day and to continue as long as may be necessary for the disposal of the business which may be brought before it ; and I do hereby desig- nate the Hon. Isaac M. Kapper, of the borough of Brooklyn, who is a justice of the Supreme Court of the Second Judicial District to hold the said Extraordinary- Trial Term as hereinbefore described, and among other things to cause to be drawn according to law a grand jury to serve at said Extraordinary Trial Term of the Supreme Court, and I do hereby direct that notice of such appointment be given by publication of this ordei- once each week for three weeks in the County Review, published at Eiverhead, N. Y., and the Herald, pub- lished at Islip, N. Y. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany [l. s.] this twenty-sixth day of July in the year of our Lord one thousand nine hundred and thirteen. (Signed) WM. SULZER By the Governor : Chestee C. Platt Secretary to the Governor Special Terms of Court 595 Extraordinary Trial Term of Supreme Court in Hudson Falls, Washington County, for the Trial of Cases Growing out of the Construction of Great Meadow Prison. State of New Yobk — Executive Chamber It appearing to my satisfaction that the pubhc in- terest requires it; Therefore, in accordance with the statute in such case made and provided, I do hereby appoint an Ex- traordinary Trial Term of the Supreme Court to be held at the courthouse in Hudson Falls, Washington county, N. Y., on Tuesday, August 26, 1913 at ten o'clock in the forenoon of that day and to contiiuie as long as may be necessa,ry for the disposal of the business which may be brought before it; and I do hereby designate the Hon. Henry V. Borst, of Amster- dam, N. Y., a justice of the Supreme Court of the. Fourth Judicial District, to hold the said Extraordi- nary Trial Term as hereinbefore described, and among other things to cause to be drawn according to law a grand jury to serve at said Extraordinary Trial Term of the Supreme Court, and I do hereby; direct that notice of such appointment be given by publication of this order once in each week for three weeks in the Herald, published at Hudson Falls, N. Y., and in the Whitehall Times, published at Whitehall, N. Y. GrivEN under my hand and the Privy Seal of the State at the Capitol in the city of Albany [l. S.J this twenty-eighth day of July in the year of our Lord one thousand nine hundred and thirteen. (Signed) WM. SULZER By the Grovernor: Chester C. Platt Secretary to the Governor 596 Public Papees of Gtoveenok Sxjlzek Extraordinary Trial Term of Supreme Court in Carmel, Putman County, for the Trial of Cases Growing out of the Construction of Highways State of New Yoek — Executive Chambee It appearing to my satisfaction that tlie public in- terest requires it; Therefore, in accordance with the statute in such case made and provided, I do hereby appoint an Ex- traordinary Trial Term of the Supreme Court to be held at the courthouse in Carmel, Putnam county, N. Y., on Monday, August 25, 1913, at ten o'clock in the forenoon of that day and to continue as long as may be necessary for the disposal of the business which may be brought before it; and I do hereby designate the Hon. Arthur S. Tompkins, of Nyack, N. Y., a justice of the Supreme Court of the Ninth Judicial District, to hold the said Extraordinary Trial Term as hereinbe- fore described, and among other things to cause to be drawn according to law a grand jury to serve at said Extraordinary Trial Term of the Supreme Court, and I do hereby direct that notice of such appointment be given by publication of this order once in each week for three weeks in the Putnam County Courier, a news- paper published at Carmel, N. Y., and in the Putnam Connty Republican, a newspaper published at Carmel, N. Y. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany [l. s.] this twenty-ninth day of July in the year of our Lord one thousand nine hundred and thirteen. (Signed) WM. SULZEB By the Governor : Chesteb C. Platt Secretary to the Governor Special Tekms of Coukt 597 Extraordinary Trial Term of Supreme Court in Pough= keepsie, Duchess County, for the Trial of Cases Growing out of the Construction of Highways State of New York — Executive Chamber It appearing to my satisfaction that the public in- terest requires it : Therefore, in accordance with the statute in such case made and provided, I do hereby appoint an Ex- traordinary Trial Term of the Supreme Court to be held at the courthouse in Poughkeepsie, Duchess county, N. Y., on Tuesday, September 2, 1913, at ten o'clock in the forenoon of that day and to continue as long as may be necessary for the disposal of the business which may be brought before it; and I do hereby designate the Hon. Arthur S. Tompkins, of Nyack, N. Y., a justice of the Supreme Court of the Ninth Judicial District, to hold the said Extraordinary Trial. Term as hereinbefore described, and among other things to cause to be drawn according to law a grand jury to serve at said extraordinary Trial Term of the Supreme Court, and I do hereby direct that notice of such appointment be given by publication of this order once in each week for three weeks in the Duchess Dem- ocrat and Enterprise, published at Poughkeepsie, N. Y., and in the News Telegraph, published at Poughkeepsie, N. Y. GrivEN under my hand and the Privy Seal of the State at the Capitol in the city of Albany [l. s. I this twenty-ninth day of July in the year of our Lord one thousand nine hundred and thirteen. (Signed) WM. SUT.ZER By the Governor : Chester 0. Pi.att Secretary to the Governor X PART 1 REMOVAL PROCEEDINGS AND INVESTI= GATIONS ..'X . PART 1 REMOVAL PROCEEDINGS AND INVESTIQATIONS Matter of Assumed Purchase of Arsenal Site in the City of Albany, by Former Adjutant-General Verbeck, and the Payment of $46,012.50 for Such Site Report or Committee of Inqtjiky Albany, January 8, 1913 Hon. William Sttlzee, Governor of ihe State of New York, Albany, N. Y.: Deae Sir. — We, the iiitidersigned, appointed, by you as a Committee of Inquiry in connection with the administration of State affairs, beg to report that as a result of an investigation held this day it was ascer- tained that General William Verbeck, lately Adjutant- General of the State of New York, assumed to pur- chase and pay the sum of forty-six thousand twelve dollars and fifty cents ($46,012.50) for the purchase of a site for a location of an arsenal stores in the city of Albany; that the contract was alleged to have been signed by General Verbeck on behalf of the State Board of Armory Commissioners; that the State Board of Armory Cominissiohers never recommended said purchase but, on the contrary, by express resolu- tion disapproved of the purchase, and the Attorney- General of the State, who is the legal adviser of the Board of Armory Commissioners, also advised that said purchase could not be made ; that in our opinion this purchase was illegal and that proper steps should be taken, through the proper State officials, to tender back the deed of said property and require the restitu- tion of the money, with interest. Yours respectfully, J. N. CARLISLE, JOHN H. DELANEY, H. GORDON LYNN, Committee of Inquiry. [601] 602 Public Papebs of GtOveenor Sulzee Transmission of Repobt to ATTORNEr-GBHEBAX, State op New York — Exbcittive Chambeb Albany, January 9, 1913 Hon. Thomas Cabmody, Attorney-General, Albany, ■N. Y.: My Deab Mb. Caem;ody. — Enclosed I send you a re- port of the Committee of Inquiry dated January 8, 1913, in; relation to the assumed purchase of certain property By the State in the city of Albany, and respectfully request that you institute immediate pro- ceedings to recover back for the State the $46,012,50 involved therein. Very respectfully yours, (Signed) WM. SULZER Reply of Attokney-Gtenebal Thomas Caemody, Attobney-Genebal January 9, 1913 Hon. William Sulzee, Governor: My Deab Govebnoe. — I am in receipt of your letter of the 9th inst., enclosing report of Committee of Inquiry, dated January 8, 1913, in relation to the assumed purchase of property for armory site, etc., and requesting that immediate proceedings be insti- tuted to recover back for the State the sum of $46,012.50. Proceedings will be commenced at once. Thanking you for bringing the matter so promptly to my attention, I am. Very respectfully yours, THOMAS CARMODY Removal Proceedings and Investigations 603 Statement by Goveenob January 31, 1913 THE PIKST national BANK EEFUNDS THE MONEY ON THE HINKLEMAN PBOPEKTY , The First National Bank of Albany delivered to the Attorney-General to-day a check payable to H. D. Hamilton, Adjutant-General, to reimburse the contin- gent fund of the Adjutant-General's office for the money paid out of the fund in the alleged, purchase of the Hinkleman real estate and the interest thereon from the time of the alleged transfer of the property, the interest amounting to about $700. This is the property which it was discovered by the Commission of Inquiry had been paid for out of the contingent fund of the Adjutant-General's office by former Adjutant-General Verbeck, contrary to the advice of the Attorney-General that such property could only be purchased from f\mds derived from the sale of the arsenal in New York city, pursuant to chap- ter 898 of the Laws of 1911. This statute provided for a sale of the arsenal and the purchase from the proceeds of an arsenal site else- where. The New York city arsenal is as yet unsold. A demand was made by the Attorney-General on the bank for the money January the 10th, 1913, with the result that the check was delivered to the Attorney- General to-day. 604 Public Papers oi*' Gtovernob Sulzek Letter to William B. Ellison Whom Governor Sulzer Appointed as Special Commissioner to Investigate the Subject of Fire Insurance State of New Yobk — E>se|Cutive Chambek January 4, 1913 William B. Ellison, Esq., 165 Broadway, New York City: Dear Sib. — I have received many communications, both written and oral, which have officially directed my attention, among other matters relating to fire insur- ance, to the form of the standard fire insurance policy provided by statute and now used in this State. It has been stated that our standard form requires radical revision and improvement in order to do jus- tice between both the insurer and the insured. In addition, the many decisions of the courts, some conflicting with others, have produced a condition of much confusion in regard to the exact scope, meaning and effect of our standard fire insurance policy. The State of New York and its citizens should enjoy the use of the very best form of fire policy it is pos- sible to devise. It is apparent that legislation is neces- sary to make clear and definite the provisions of an adequate and proper form of standard policy and bring about the desired beneficial results in the interest of all the citizens of the State. To the end that I may properly recommend appro- priate legislation in this respect, at my personal re- quest, you have, with generous action and fine public spirit, offered your services entirely without compen- sation or other expense to the State, in collating neces- sary facts, receiving suggestions and making recom- Removal Peocbediklis and Investigations 605 mendations as to what changes, if any, are expedient and advisable in the laws of our State relating to this particular subject. With your long and varied experience as a lawyer, particularly in insurance matters, I am confident that your carefully formed opinions will be of the greatest value and assistance to me in suggesting the necessary legislation. I take pleasure in transmitting to you herewith your designation as my Special Commissioner for such pur- pose, and wish you to understand that it is not my intention to limit you merely to the consideration of the form of standard fire policy, but your inquiry should properly include every phase of the subject of fire insurance. I desire to commend your action in thus serving the community as a most welcome illustration of the public spirit of our citizens. I shall be glad to receive your report at as early a date as you may find practicable. I have the honor to remain Respectfully yours WM. SULZER Members of a Special Commission Appointed by Gov= ernor Suizer to Recommend Matters Affecting Public Health, and Public Health Administration, of the State of New York Statement by Goveknoe when Making Appointments Albany, January 10, 1913 1. Dr. Herman M. Biggs, Chairman, of New York. — General medical officer of the New Yorlt city health department for many years, member board of directors Rockefeller Institute for Medical Research, and hon- 606 Public Papers of Gtovbenoij Sulzek oraiy fellow, Sanitary Institute, Great Britain, and one of the highest sanitary authorities in the United States. 2. Mr. Homer Folks, Secretary, of Yonkers. — Mr. Folks is secretary of the State Charities Aid Associa- tion, and is president of the National Association for the Study and Prevention of Tuberculosis, being the first layman elected to that position. He is chairman of the sociological section of the American Public Health Association, and is secretary of the Mental Hygiene Committee for this State. 3. John A. Kingsbury, Assistant Secretary, of Yon- kers.— General agent of the Association for Improv- ing the Condition of the Poor. 4. Dr. Edward R. Baldwin, of Saranac Lake, who has been for a term of years in charge of the Trudeau Laboratory for tuberculosis investigation, and is a member of the tuberculosis advisory board of the State Department of Health. 5. Mr. Ansley Wilcox, of Buffalo. — Lawyer, presi- dent of the Charity Organization Society of that city, which has been active in promoting housing reform and public health work in Buffalo. 6. Miss Adelaide Nutting, of Columbia University, New York city. — Miss Nutting has had wide experi- ence as a trained nurse, as superintendent of the Train- ing School for Nurses of the Johns Hopkins Hospital in Baltimore, and at present is professor of nursing and health in Teachers ' College, Columbia University. 7. Dr. John C. Otis. — President of the board of health of Poughkeepsie and president of the board of public works of that city; active in all the civic and social betterment agencies in that city; ati authority on the prevention of typhoid fever. Removal. Proceedihgs and Investigations 607 8. Dr. W. E. Milbank, of Albany. — Prominently connected with the health work of the State during the administration of Governors Hill and Flower. - Among the facts which stand out clearly in the mor- tality statistics of New York State for the year 1911 (the 1912 figures not being now available), are the following : The total number of deaths in 1911 was 145,538, of these there were due to Pulmonary tuberculosis .'. :'.;'..' 14,179 Other forms of tuberculosis ....'..■'..! 2,339 Typhoid fever :...... 1,310 Measles 977 Whooping' eoug'h 816 Diphtheria 1,921 Scarlet fever 1,147 Syphilis 629 Diarrhoea and enteritis (under two years of age) 7,299 All the above are recognized as being partially, if not largely, preventable. If preventable, why not prevent? Some of the things which such a commission might inquire into would be : 1. The Public Health Law of the State, having in mind chiefly: (a) What obsolete provisions, if any, stand in the way of effective work by State and local authorities 1 (b) What additional provisions are required by the development of sanitary science in order to enable State and local authorities to accomplish the largest possible results in the prevention of sickness and the saving of life 1 2. What are the opportunities for the prevention of sickness and mortality which are now availed of only 608' Public Papers or- Goveenok Sulzek in part, and what additional facilities and force would State and local authorities need in order to improve these opportunities to the fullest extent? 3. Specifically, what further steps should be taken in addition to those already taken by the State and by local authorities in the following matters : (a) The provision of hospitals for incipient and also for advanced cases of tuberculosis. (b) The discovery, registration, supervision, and assistance of tuberculous patients who remain at home. (c) The reduction of typhoid fever to a point at least as low as that which already exists in some other communities as large as this. (d) The substantial reduction of the mortality from diphtheria, scarlet fever, measles, and whooping cough. (e) The further substantial reduction of infant mortality. It is expected that the committee will call upon experts in all lines of public health work for their opinions on these matters ; will inform itself as to the existing facilities and resources of the State Health Department; will study the relations between State and local health authorities as they are, and as they ought to be; the relations between health authorities and the medical profession ; the extent to Avhich needed hospital provision has actually been made by local authorities for the isolation of contagious diseases which cannot otherwise be adequately segregated; the best means of making the latest advances in sanitary science and preventive medicine widely known among the people generally, and, on the basis of the facts ascertained will submit to the Governor a constructive program for putting the public health work of the State on a more efficient and adequate basis. EeMOVAL PeOCEEDINGS and IlifyESTIGATION-S 609 Report .op Special Public JHJealth GoMfttiSBioN Albany, N. Y., February 15, 1913 To Hon. William Stjlzek, Governor of the State of New YbrJc: The undersigned were appointed by you on January 10, 1913, as a special commission to receive suggestions and make recommendations as to public health, laws and public health administration in this State with the request tiiat they report, in part at least, by February 15, if possible. I. SOTJEGES OF INFOEMATION The Commission has held ten public hearings in Albany, New York and Buffalo, at which it received suggestions and information from sixty persons. A copy of the statements taken at these hearings com- prise 836 typewritten pages. Among those who ap- peared at the hearings were the Commissioner and leading officials of the, State Health Department, health officers of towns, villages and cities, representatives of organizations engaged in public health and kindred activities and a number of experts in sanitary, science and vital statistics. Memoranda have been prepared at our request by a number of authorities and organi- zations engaged in public health work. We have com- municated by mail with 1,033 health officers of 1,435 towns and villages in this State, asking for certain in- formation and inviting suggestions, and have received replies from 652 health officers representing 771 com- munities. We have requested information and sug- gestions from the health officers of the forty-eight municipalities in the State and have received replies from twenty-eight. We have had at hand public health Bulletin No. 54j issued by the United States Public 20 610 Public Papers op Gtoveknor Sulzbk Health Service, containing an analysis of the laws and regulations on the organization, powers and duties of health authorities throughout the United States, issued in August, 1912, and through the courtesy of the United States Public Health Service have been aided in person by the Assistant Surgeon-G-eneral, who pre- pared the bulletin. We have had the constant co- operation of the Legislative Committee of the Sani- tary Officers' Association of the State. We have caused inquiries to be made as to the detailed workings of local health authorities in each of the towns and vil- lages .in Dutchess and Suffolk counties. On the basis of the information so gained and of our study of the existing public health laws, we have formulated recom- mendations, the most important of which may be sum- marized as follows : II. SUMMARY OF RECOMMENDATIONS 1. The term of office of the State Commissioner of Health should be six years, his salary $10,000 per annum ; he should be either a physician or a recognized authority in public health work, and should not be per- mitted to practice medicine or have any other occupa- tion which might interfere with his official duties. 2. There should be created a State Public Health Council of seven members, including the State Com- missioner of Health, the Commissioner of Labor, the Commissioner of Education, one commissioner or other officer of a health department of a city of the first or second class to be designated by the Governor, and three members to be appointed by the Governor. This council should have power to adopt public health regulations, but should not have executive", administra- tive or appointive powers. Removal Peoceedings and Investigations 611 3. The Commissioner of Health should be charged with the duty of supervising the work of all local health authorities, except in the city of New York, and should be charged with the enforcement of the public health law. 4. The State outside of New York city should be divided into at least twenty sanitary districts for each of which the State Commissioner of Health should appoint a sanitary supervisor who should not be per- mitted to practice medicine or to have any other oc- cupation which might interfere with his official duties. 5. The duties of town and village boards of health, in so far as they are not otherwise provided for, in- cluding the appointment of health ofificers, should be transferred to town boards and village boards of trus- tees, respectively. The State Public Health Council should be authorized to establish qualifications of eligibility and conditions for appointment to the position of health officer for all subsequent appoint- ments. 6. Health officers of towns and villages (at least those hereafter appointed) should receive an annual minimum salary equivalent to at least fifteen cents per inhabitant of their village or town. 7. Health officers of towns land villages should be specifically charged with the performance of the fol- lowing duties: (a) An annual survey and a continu- ous sanitary supervision of the territory within their jurisdiction, (b) Examination of all school children as soon as practicable after the opening of each school year, (c) Inspection of school buildings and all places of public assemblage and report on their condition and needs to those responsible for their maintenance, (d) Popular education as to public health, (e) Securing 612 Public Papees of .G-oveknor Sulzeb full reports of commiinicalDle diseases and full regis- tration of births and deaths, (f ) Enforcing the public health law and the; regulations of the Public Health Council in the territory within their jurisdiction. 8. The model statutes for the collection of vital statistics and the registration of births, , recommended by the United States Census Bureau and many other authorities, modified slightly to meet New York con- ditions, should be substituted for the present statutes on these subjects. 9. Bach city, county, village and town should be given specific authority to employ one or more trained nurses to act as infant welfare nurses, school nurses, tuberculosis nurses, and generally, at the request of physicians or health officers, to visit the sick who other- wise are unable to secure adequate care, and to instruct other members of the households in the care of the sick, and in -the prevention, of infection and disease. The State Public Health Council should establish qualifications of eligibility and conditions for appoint- ment of such public health nurses. 10. The statute should require certain divisions in the State Health Department and define the qualifica- tions of the heads of such divisions.. Some of these divisions now exist; others should be established in- cluding a division of child hygiene and a division of public health nursing. 11. The tuberculosis law should be amended as follows : (a) Authorize nurses, teachers, landlords, and laymen generally to report to health oflficers for in- quiry and examination any persons under their observation who appear to be- suffering from tuberculosis. Removal Peoceedings and Investigations 613 (b) Authorize local autliorities tO' employ trained nurses for the sanitary supervision of households in which there- are reported cases • of tuberculosis, and for the discovery of unreported cases. (c) Require local health authorities to- initiate proceedings against' physicians who. fail to report cases. (d) Make the original report of a case by a physician as simple and easy as. possible. ■, (e) Provide for the compulsory removal and detention qf careless tuberculosis patients, and any others whose condition renders them danger- ous. 12. Additional provision should be made by the State for strictly incipient cases of pulmonary tuber- culosis. 13. Each county with a population exceeding 25,000, not otherwise adequately provided with local tuber- culosis hospitals, should proceed at once and with all diligence to establish and maintain a county tuber- culosis hospital. 14. The State Health Department should be pro- vided with new laboratories, with sufficient land, and equipped with adequate facilities for making examina- tions and analyses for local health officers and for oiriginal research. It should also be authorized to enter into contracts with laboratories in several por- tions of the State, conditional upon the maintenance of standards of efficiency outlined by the Public Health Council, for prompt examinations, analyses and re- ports of specimens sent by local health officers. 15. Local authorities should be strongly and re- peatedly urged to provide contagious disease hospitals 614 Public Papers of Governor Sulzer (in addition to tuberculosis hospitals) mth not less than one bed for every 2,000 of the entire population. The State Department of Health should be charged with the duty of periodically inspecting such hospitals and of reporting their conditions and needs to the au- thorities responsible for their maintenance, and the Public Health Council should make regulations as to their administration. 16. The proposed Public Health Council should have power to regulate the practice of midwifery. 17. The written reports of public health officers, nurses, and inspectors on questions of fact under the public health laws of the State or under any State or local health regulations, should be made presumptive evidence of the facts so stated, and receivable as such in all courts and places. The persons making such reports should be exempted from personal liability for the facts so stated, provided they have acted in good faith. 18. The educational work of the State Department of Health should be greatly extended and strength- ened, particularly in the line of authoritative popular education as to the nature and methods of control and prevention of prevalent diseases. 19. By establishing standards of qualifications of public health' officers and nurses, and in other ways, the State Public Health Council should encourage the educational bodies of the State to maintain special courses of study and training in sanitary science and public health work for physicians, nurses, engineers and others proposing to engage in public health work, in any of its branches. 20. At the earliest possible moment the records of the State Department of Health, including the records Removal Pboceedings and Investigations 615 of births and deaths, should be placed in a fire-proof building and the Department should be provided with offices large enough to relieve the present congestion and to protect the health of its employees. III. EXISTING PUBLIC HEALTH AGENCIES AND LAWS Every square foot of territory in the Empire State (except Indian Eeservations and Federal property), is under the jurisdiction of a board of health or a health officer or both. There are generally throughout the State, town, village and municipal boards of health and health officers, statutory provision therefor, dating from 1850. There is also a State Department of Health, dating from 1880, from the jurisdiction of which in large degree the cities of New York, Buffalo, Albany and Yonkers are excepted. Each town and village board of health is authorized by law to enact orders and regulations for the preservation of life and health and for the suppression of nuisances and may enforce such regulations, and has supervision of the reporting and recording of births and deaths. Each board appoints a local health officer, prescribes his duties and powers, directs him in his work, and fixes his compensation. Public health work in each city of the third class is outlined usually in part in the charter of such cit.v and is also provided for by the public health law. Usually there are a board of health and a health officer. In some cases sanitary regulations may be enacted by the board of health. In others confirmation by the common council or other municipal authority is necessary. In cities of the second class the health officer is ap- pointed by the commissioner of public safety without further approval. 616 Public Papers of Govbenos ; Stjlzeb Each city of the 'first class is under such health ad- ministration as its charter provides. In Rochester the health officer is appointed by the commissioner of public safety, and sanitary, regulations may be adopted by the common council. In Buffalo the health officer is appointed by the uaayor and sanitary ordinances must be framed by the health officer, approved by the b0.ard of health, consisting of the mayor, health officer and commissioner of public works and then ratified by the common council. In New York city the health com- missioner is appointed by the mayor and health ordi- nances may be enacted by the board of health consist- ing of ibe health commissioner, police commissioner, and health officer of the port. The duties of the ;State Health Commissioner in re- lation to local health authorities are nowhere very clearly defined by statute. It is not specifically made his duty to inform himself as to the elficiency with which their work is carried on. The State Health .Commissioner, if a municipal ailthority fails to estab- lish a local board of health, may exercise the pow-ers of such local board ; but if the local board of health be appointed and fails to appoint a health officer for the locality, he is not specifically authorized so to do. The State Health Commissioner may remove a local health officer for cause after a hearing, but. he. has no means of knowing comprehensively whether the duties of local health authorities are being competently per- formed. The State Health Department publishes a monthly bulletin which is sent to all health officers, holds an annual conference of sanitary officers, .to which health officers are invited, pubhshes a manual of laws and suggestions, and circulars on communicable diseases, which it sends to health officers for distribu- Removal Proceedings and Investigations 617 tion, and generally receives and may investigate com- plaints as to local health administration. The State Health Department has also a staff of medical officers, some forty in number, in various localities throughout the State, who receive a per diem compensation and devote a small portion of their time on the direction of the State Commissioner to con- ferring with local health officers in behalf of the State Department and otherwise acting as its representative. The State Health Department is the custodian of death certificates, except from the cities, of New York, Buffalo, Albany and Yonkers, from which cities it re- ceives a tabulated statement of the number and causes of death. It maintains a laboratory at Albany. It has taken an active part in the tuberculosis movement and has a public health exhibit aside from its seven tuberculosis exhibits. It has other activities, duties and powers relating to, various subjects, description of which would exceed the limitations of this report. It has not been our purpose, nor would it have been pos- sible within the hmits of our time, to make a critical study of the manner in which the work of the various divisions is being conducted. IV. OPEEATION 0¥ EXISTING AGENCIES Our findings as to the operation of existing agencies generally are as follows : Town 'Cmd Village Boards of Health Town and village boards of health fail to accomplish the purpose for which they were established, with un- important exceptions, and, in some cases, are an ob- stacle to efficient local health administration. Although given authority to establish a code of sanitary regula- tions and although the State publishes and distributes 618 Public Papers of Gtovernoe Sulzer to each health officer a draft of a model or standard set of sanitary regulations, in nearly one-half of the towns and villages in the State, the boards of health have failed to establish a sanitary code. In a number of cases members of boards of health do not know whether or not such regulations have been established. In many instances the standard code rec- ommended by the State Health Department is amended or ignored altogether. In a number of adjacent towns in which conditions are similar, one town may have no code at all, and the codes in effect in the other towns are widely different. The following incident is no doubt exceptional, but reflects an attitude which is more or less widespread. A health officer of a town in the county of Sche- nectady, learning of an outbreak of smallpox, under- took energetic measures including the treatment of the patient and the enforcement of quarantine. Meeting a representative of the board of health, he was asked how much he expected^ to charge for his services. ' ' Five dollars, ' ' he replied. The representative of the health board informed him that he would be allowed two dollars. The health officer promptly resigned and the town was left without the services of a health officer and facing an outbreak of smallpox. The minutes of a number of town and village boards of health which have been examined fail to disclose any evidence, in many cases, of any work whatsoever, except listening to the reports of a health officer and approving bills for payment, including, in many in- stances, their own salaries. The members of town boards of health generally receive a fee for attending each meeting of the board of health, frequently two dollars per meeting. Removal Proceedings and Investigations 619 The following is a copy of the minutes of a meeting of a town board of health: ,N. Y. Minutes of the meeting of the Town Board of Health of held in the Town Clerk's office October 4, 1912. There being present: Supervisor, ; Justices, ; Citizen Member, ; Health Officer, Minutes of previous meeting read and approved. There being no further business meeting adjourned. Register. The members of this board receive two dollars each for each meeting, as does also the clerk. The following constitutes the minutes of a meeting of an adjacent village : , August 27, 1912. The regular meeting was held on above date. Absent from meeting The following bills were ordered paid to for filing 11 Birth Certificates, $2.75. To for Labors Certificate Book, $3. There being no further business the Board adjourned. Clerk. An examination of the minutes of this board for the entire year discloses no business relating to public health other than directing that one man's pigeons be restrained from roosting on another man's hoiise, and auditing bills for the burial of dead cats and dogs. In the same village, two years before, an outbreak of smallpox had resulted in an actual expenditure by. the 620 Public Papers of Goveenoe' Sulzee village authorities for quarantine and similar pur- poses of $1,400, and the indirect cost to the people of the town involved in the stoppage of business, etc., must have been several times that sum. , , The members of , some village boards of health also receive payment for similar perfunctory and some- times iriliibitory services. The members of town and village boards recgiyed, in l^e year 1912, $1,592.80, 4ji Dutchess county, and about $1,2'0"0 in Suffolk county. There seems to.be no reason for believing conditions to "be exceptional in these counties, if they are typical the taxpayers of the towns and villages of the State are paying out from $70,000 to $100,000 per annum as fees or.sal^rieSftp oaietmbers oi hpasl^,bjQards for which expenditure substantially, no returns. in publip.^en^efit is received. , i,., ,, . , ,, , i ..J'l' Town and Village H-ealtk Officers ' ' ''■'' There is the widest diversity as to. the compensation of i,ifQwn,!a,n,d village health/ officers, except that in -nearly every cage it is inadequate, and in; many cases ridiculous. In some cases there is, a salary, , in other cases fees, in some cases both, and iji, a' few eases no compensation at all. 'i The -average annual compensa- tion including fees and salaries of health: officers rOf the 771 towns and villages represented by the 652 heajth officers replying to our letter of inquiry (652 of a total of 1,032) was $60.84. The amounts received Tange from*$3 to $1,400. Their avera^i annual com- pensation (some ! serving more than one town or ;vil- lage:) is i$71.96. . Health offioeas of towns and villages are as a rule in ihe astiilve' practice of medicine. Ah efficient perform- Tanee of ^theirrd-utiBS interferes with private practice in many ways. Br. B. P. Bushj chairman of the ways Rbmovak Peooeediis-gs and Investigations 621 and means committee of the Assembly and formerly heflth officer of the town of Horseheads, Chemung county, N. Y., testified that at the expiration of three " yea)3:s as' a local healtli officer lie iTiad'lost all his prac- tice, "'^here does not exist throughout thetState a^body of mei. availahle for position^ as health officers who ' ' "have had special training in sanitary si^ieflce. Con- sidering all the di^culties and handicaps. under which : . they work the' wonder is, perhaps, that tovfh and' vil- lage health officers are ^s effective as they are. The ; f oUpwirig chart compiled f rpm;. the "Jjeports of the United States Federal^ Census aaidsfor 1910, 1911, ,' and 1912 froirii the annual repots . of the New York. i Stati Departmt^itt of Health, ^o^s the niorltality rate : ■ — per^liundred thouaarul in JJie_ cities of the Stated' in=- J J eluding villE^es of "bv^r 8,000 inhabitants,, and also%e: I r i oorrespondiiSg rate in rural districts and villages of less -than -8,000 inhabitants. '"-7 i -, Itw^ill b6' not^d that the urba|i|death rajte, beginning at 1,771 in 1902, falls to l,46^inj 1912. H'he rural; and I I ' — rifla:^ ■ -die-ath rate, -begiTrain-gf"at ~l;404-in 1^02, has i ; slowly] risen, beginning |to exceed the urban death rate in 19C^and since that date the divergence betwj^efi, the two in favaFof theiufbaii death^ rate has^ steadily '■ . increased. ; [ ^>» i Thelu^ork of ■ this commission fmay be said to be to I ascertain how the rural and villkge deji^h rate can- be made to follotv the urban death rate in its downward ' ,,_J^irse[, , "' '""___[_ „,]_ / Professor Wialter F. Willcox, aonsulting statistician, c'''advises us thdt the comparison of the itwo may be - somewhat-m-is-leading by reasM-df thecompletex-regis- %■ tratiofi of rural deaths: in later ,^ears anj| of the pre- ponderance of population of the middle ages in cities, owing to immigration. He is- of the opinion, however. 622 Public Papees of Goveenob Stjlzbe q (J> UJ 9> < -5 00 5 < O < 2 uJ "~ o 1 i i < « n E 1 s ^ e / DEATHS nan all causes RATE PER 100:000 POPULATION RURAL AND VILLAGE COnnuNITIES y>* > BC : 3t ' X ■I- c c \ i/ in / «/ — 1 = ! I 1 m/ N \ \ S v2 1' / '^ IS S ^"\ 01 CO N lO ■0 / i^ / — / V o o o o 9 o o o o o o 10 o o Removal Proceedings and Investigations 623 that such considerations do not affect the indication that the urban death rate is falling substantially more rapidly than the rural and village death rate. With the development of sanitary science, the mutual interdependence of rural communities and cities in matters of health is becoming increasingly evident. The urban death rate from typhoid fever, for instance, cannot be reduced as it should be without more effect- ive registration, supervision and prevention of typhoid fever in rural districts. Certain other diseases cannot be held in check adequately in rural districts unless they are restrained to a larger degree than they are at present, in the nearby cities. In short, the time has passed, if it ever did exist, for treating each town, village and municipality as though it were a community separate from all others in its health concerns. In the enactment of sanitary regu- lations, in controlling outbreaks of contagious disease, in the reduction of communicable diseases, such as tuberculosis, that exist everywhere and at all times, and in fact, in substantially all aspects, public health is not and cannot be a matter of exclusively local concern. The falling death rate in some of the cities, notably New York, where conditions are less favorable to health on account of congestion than in any other city in the State, is undoubtedly to be explained in part by the following factors : 1. Adequate authority for the ready enactment and enforcement of sanitary regulations. 2. Substantial appropriations from the municipal treasury for public health work. 3. Concentration of executive responsibility for 624 Public Papbes of Gtoveknob SuiiZER health administration relating to a large group of pop- ulation in the hands of one official. 4. Ability to secure the substantially continuous services of expert sanitary authorities. 5. The provision of hospitals for the isolation of a portion of the cases of contagious disease. The reduction of the death rate in rural communities and villages with an accompanying reduction in the amonnt and cost of sickness and the consequent in- crease in the vigor and efficiency of the people and in their economic and social well-being, depend upon the development in those localities, also, of the five factors above enumerated. Quarantine, Disinfection There appears to be no general regulation in rela- tion to isolation or quarantine of persons suffering from contagious disease or those associating with them, nor as to disinfection, cleansing or renovation of premises on which there has been contagion. The State Health Department issues circulars of instruc- tion in regard to each of the communicable diseases, which circulars are printed in the manual issued by the department and also are printed separately. It includes also in its draft of a model or standard sani- tary code, detailed provisions as to quarantine, which, with or without change, are enacted by a considerable number of boards of health. An examination of these recommendationsi and of a number of town and village health officers as to their practice in these matters, leaves us with the following impression : 1. Insufficient stress is laid upon the immediate and effective isolation of the patient himself at the earliest appearance of the symptoms of a contagious disease. Eemoval, Peoceedikgs and Investigations 625 2. Insufficient empliasis is laid upon thorough wash- ing and cleansing of the floors and of the lower por- tions of the side walls of rooms in which contagious diseases have been cared for, and of. the" destruction or very effective disinfection of articles of bedding, etc., which have come in contact with the patient. 3. The recommendations contained in the draft of a standard sanitary code relative to some diseases call for a much greater degree of quarantine of the entire household, including those not necessarily coming in contact with the patient, than is now practised by health officers in many cities or than is considered necessary by the best sanitary authorities, 4. Undue emphasis is placed upon room disinfection which by any methods li'kely to be observed is compara- tively ineffective. The subject is one for flexible regulations from time to time in the light of the development of sanitary science. Under the authority proposed to be con- ferred upon the advisory board of the State Health Department, such a board could deal effectively with it. A number of health officers with whom we have con- ferred have shown a commendable energy and courage in enforcing the system of quarantine outlined in the standard code issued by the State Health Department. Nevertheless, whUe we desire to be extremely con- servative in suggesting any relaxation of what may be considered by many to be necessary precautions, we are forced to the conclusion that there is much waste in present practice which could be avoided by the adop- tion of more modern methods. This waste, both direct and indirect, amounts to hundreds of thousands of dol- lars annually. In some cases present methods of quarantine include keeping all the family at home when 626 Public Papers of Gtoveenoe Stjlzee some member of it is suffering from certain forms of contagious disease. Such methods have been abandoned in many cities without evil results. In fact, the change, in many cases, has resulted in a more effective control of con- tagion by the more modern methods adopted. Labor Gamps Eepresentatives of the Bureau of Industries and Im- migration of the State Department of Labor have set forth the unsatisfactory conditions existing in connec- tion with labor camps generally throughout the State, those on the Catskill aqueduct system being the nota- ble exception. They have pointed out the impossibility of securing effective action for their improvement through local health authorities. It is evident that a local health officer, inadequately equipped to deal evfen with the problems ordinarily arising in a community is still less adequately equipped to deal with an excep- tional amount of labor temporarily in its jurisdiction. The Public Health Council of the State Health Depart- ment, which we propose, would be able to establish adequate sanitary regulations dealing with labor camps, and the district sanitary supervisors should be charged specifically with their enforcement within their respective districts. V. DEFINITE OPPORTUNITIES 1. -Tuberculosis The largest cause of preventable deaths and, in fact, the largest cause of deaths of all sorts is tuberculosis. The number of deaths from pulmonary tuberculosis in Removal Peoceedings and Investigations 627 'New York city and in the remaining portions of the State for each of the last six years is given in the fol- lowing table : Deaths from Tuberculosis* ^ Greater xear New York 1»07 8,986 1908 8,876 1909 8,669 1910 8,881 1911 , 8,967 1912 8,588 Outside Greater : New York Total Deaths 5,555 14,541 5,597 14,473 5,448 14,217 5,607 14,488 5,556 14,523 5,114 13,702 Effective measures for the reduction of tuberculosis were started in New York city much earlier than in the remaining portions of the State, including the report- ing of cases by physicians, the establishment of dis- pensaries, the visitation of tuberculosis patients by trained nurses, and the provision of hospitals. For the remaining portions of the State, the registration and sanitary supervision statute known as the Tuber- culosis Law, was enacted in 1908, and a permissive act authorizing the establishment of county tuberculosis hospitals in 1909. Substantial progress has been made under both these acts, but much still remains to be done. The number of hospital beds now available for tuberculous patients from New York city, and the num- ber available for the remaining portions of the State are as follows : For New York city, 3,926 beds, or one to each 2.18 deaths of 1912. * Figures from United States Census, except in 1912, which are from State Department of Health records. 628 Public Papees op Govkknor Sxjlzeb For the remaining portions of the State, 1,268 beds, or one to each 4.04 deaths of 1912. No further statutory authority is required for' the establishment of tuberculosis hospitals by municipali- ties, counties or hospital corporations. The restric- tions at present thrown about the selection of sites for such institutions have in several cases greatly delayed actual construction. Any. further restrictions on the erection of tuberculosis hospitals would be highly un- desirable, and we 'believe that within a few years pilb- lic sentiment will sanction and demand the removal of some of the existing' restrictions. We strongly urge that every county, except those in which adequate provision m ma,de by a hospital coitpo- raJtion and except those having fewer Lthan, jSay; 25j0O0 inhabitants, proceed at the earliest possible moment jfep construct a tuberculosis .hospital, ad^uate to its needs. The sentiment of the people on the question of tuber- culosis hospitals has recently begai l strikingly (evd,d^:pjCfd by the referendum vote in ei^ht town^, in St. Lawrence county, on jTujesday, February 11, 1913. , ^very , one 'of th;e*ight toA^ns ,y.oted for the hospital, mqsli of them by ovei'whelinwg majorities. .,Jp, the rfive towns, in which figures.; available, 3,868 people .yqted for such a hospital, .ai^d9^7i against it. . The ,St^te I),epartm^n1; of Health ar\d the St^ite Cha'^- ities Aid .jissociatiqn are , urging ^ mat 'hospital pro- visjion for tuberculosis in 'any county should not 1)e less than two-third^ of the' number' of deaths "from tuherculosis each year in that county. This' i-atio Was suggested, we are informed, as a'mintoum, and '#ith the full expectation that as the public-' became imore ea/?Gu,^tomed, to hjQi^pital care and, more fully realized its benefits as a means of^protection to the community. Removal Pbocebdings and Investigations 629 the ratio of hospital beds would need to be increased. It is Qur, judgment that the time has now come when in ;each CQunty the, number. of beds should equal the num- ber, of deaths per a,nnum. ..The State maintains one sanatorium for the treat- ment of strictly incipient cases. This has been doubled ijQ size recently, ,]^^t its capacity is already overtaxed. While .som,e of ,tiie. larger cities and some- of the coun- ties are makjng provision for incipient as .well as, for a4v^nce4, cases, , there are many localities in which it will not be pi:9,Gticable to, provide in the: near future, .i;f , at all, adequate facility for. the. best treatment of such incipient ,qase,s as ;\yill !neie,d , sanatp?:^um, eare. , . • ; We, would, therefore, urge that the board of m^n- ^gers pf the State H^ppjtal for Incipient Pulmonary Tuberculosis ,ftt, Ray Brook, be autjhprized , at .qncg either to enWge their institution or to establish at aome.ptjhejr point in.cf^tral Ne,W:York a second State iLOspital for the treatment of strictly incipient cases. .It iias also been suggested' that as all portions of the State benefit from the reduction, of tuberculosis in any portion of the State, it would be equitable that, the ' (State ,, should appropriate: .a, sum of' money annii^Ily, to 'be divided among local hospitals ,f or tuberculosis, in jproportioii to the niimber of days' treatment pro- vided. Such action would undoubtedly tend to encour- age' the establishment of tuberculosis hos|Jitals by counties which have not yet determined to do so. Such an ' ' appropriation should be made conditional on each hospital maintaining standards of adequacy and efficiisintjy to be determined by the advisory board of the -State Hospital Department. 'The demonstration of the Tuberculosis LaAv has brought to light several' possibilities of improvement. 630 Public Papees of Governor Sulzek 2. Infant Mortality Next largest in the groups of deaths which are to a large extent preventable by known and practical methods, is infant mortality. The number of deaths from diarrhoea and enteritis among those under two years of age in 1912 was 7,024. Measures are being taken in a number of cities for reducing infant mortality. The first step in a compre- hensive plan for the State as a whole, is an adequate birth registration law efficiently and uniformly en- forced throughout the State. The enactment of such a law and the initial -steps in its enforcement rest upon the State. With knowledge of the number of infants bom and the localities and the causes of death, each village and city of considerable size should, when necessary, secure through its health department (a) the instruction of mothers during the pre-natal period, (b) competent attendance at childbirth, (c) the encour- agement of breast-feeding, (d) medical supervision of the child at stated intervals, whether breast or bottle fed, and (e) pure, clean milk for infants for whom maternal nursing is impossible. Each city with a population in excess of 10,000 and having an industrial population should have one infant welfare station and larger cities with an industrial population should have one such station for approxi- mately each 20,000 inhabitants. There is no doubt that through effective action by the State in securing birth registration and in encour- aging localities to undertake and effectively to prose- cute such infant welfare work, the number of deaths of children under two years could be enormously re- duced in the immediate future. Removax, Peooeedings and Investigations 631 3. Typhoid Fever The number of deaths from typhoid fever in. New York city, and the State outside of New York city for the past six years, is as follows : Deaths from Typhoid Fever* Greater Year New york 1907 740 1908 535 , 1909 560 1910 556 1911 538 1912 499 State Outside Greater : New York Total 962 1,702 868 1,403 770 1,330 841 1,397 782 1,320 629 1,128 This number, while less than one-tenth of the num- ber of deaths from pulmonary tuberculosis, for the same period, is nevertheless approximately 1 per cent, of all deaths and is largely in excess of the number of deaths from this disease in certain other communi- ties. The reduction of typhoid fever implies two lines of advances; first, the more effective protection, by general measures of oversight, of water and milk, from pollution; and, second, the more prompt diagnosis and the more effective supervision of each case of typhoid. Enormous numbers of dairies supply milk to the cities and villages of this State. A case of typhoid fever in the household of a dairy farmer is a menace to all the consumers served wholly or in part by that dairy. The importance of the recognition, reporting, and super- vision of rural typhoid can hardly be overestimated. Cities of the State will not be able to reduce their typhoid mortality to a minimum until a much more •Figures from United States Census, except in 1912, which are from State Department of Health records. 632 Public Papers of Gtoveenor Sulzee effective sanitary supervision is secured in the towns. We believe that such supervision will be secured by the reorganization of rural health service which we recom- mend, coupled with the system of district sanitary supervision. 4. Venereal Diseases Syphilis and gonorrhoea, while appearing in a smaller degree as direct causes of mortality, are among the most formidable factors in causing sickness, in- efiSiciency,, sterility, blindness, insanity and other disa- bilities. A beginning has been made in the registra- tion of cases of these diseases in New York city under a recent amendment of the sanitary code, whereby hos- pitals and dispensaries are required and physicians are requested to report such cases, but without names or means of identification. Undoubtedly a broad'; educational movement must precede effective administrative measures. Through its division of publicity and education the State De- partment of Health working through its district super- visors and with, the aid of local health officers should be able to make known, to the people of the State as a whole the facts in regard to these diseases. Through the Public Health; Council which we recommend it would be possible to establish from time to time such measures of administrative control as public sentiment will support. Through its own and its co-operating laboratories, it could offer prompt and authoritative diagnosis. 5. Diphtheria and Group The number of deaths from diphtheria and croup in tliisr State during the past six years has been as follows : Removal^ Peoobedings and Investigations 633 Deaths from Diphtheria and Croup* „ Greater Year New York 1907.. 1,700 1908 1,711 1909 1,704 1910 ; 1,710 1911 ; 1,270 1912 ... 1,126 State Outside Greater ; New York Total 855 2,555 707 2,418 607 2,311 725 2,435 690 1,960 407 1,623 A substantial proportion of these deaths is prevent- able by: (a) Informing 'pieople generally through the press and all other mediums of popular education, of the importance of quickly summoning medical advice in every case of sore throat. (b) Increasing the standards of proficiency in the medical profession in the diagnosis of this and similar diseases. (c) Making more readily available to physicians and health officers reliable laboratory assistance with prompt returns of analyses. Toward each of these three factors the State Department of Health can con- tribute largely. Efficient and prompt laboratory serv- ice can be made available at an early date. Popular -education can be effected much'more speedily than was formerly thought possible. The most difficult of the three improvements necessary is raising the standard of proficiency in medical diagnosis. 6. Measles and Whooping Cough These two diseases cause directly a considerable number of deaths and cause indirectly a very large number. * Figures from United States Census, except in 1912, which are from State Department of Health records. Greater New York State , Outside ' Greater New York Total 663 310 973 878 283 1,161 94D 364 1,304 693 577 1,270 655 334 989 673 377 1,050 634 Ptjblic Papers of Gtoveknob Sxjlzee The number of deaths directly due to measles in New York city and in the State outside of the city for the last six years are shown in the following table : Deaths from Measles* Year 1907 . 190S . 1909 . 1910 . 1911 . 1912 . The deaths from whooping cough in New York city and in the State outside of the city are shown in the following table: Deaths from Whooping Cough* ' Year 1907 . 1908 . 1909 . 1910 . 1911 . 1912 . While much remains to be learned concerning these diseases, it cannot be doubted that a more general recognition of their potential seriousness and, there- fore, of the importance of preventing avoidable infec- tion, a more general knowledge of their early symp- toms, so that medical aid may be more promptly sought * Figures from United States Census, except in 1912, which are from State Department of Health records. Greater New York State Outside Greater New York Total 369 397 766 173 341 514 369 412 781 282 461 743 372 419 791 291 391 682 Eemoval. Peoceedings and Investigations 635 and sanitary oversight established, and the provision of hospitals for the care of patients who are homeless or whose home conditions are such as to preclude the possibility of preventing infection, would contribute materially toward their reduction. 7. Medical School Inspection One of the most important factors, not so much in the prevention of mortality as in the promotion of physical vigor and efficiency, is the medical inspection of school children. Without doubt, also, the correction of defects thus brought to light would result in many cases in a longer as well as in a more useful life. Medical inspection of school children now exists, we are informed, in twenty of the forty-eight municipali- ties of this State. The time has arrived, in our judgment, when a man- datory State-wide medical inspection law should be enacted. In rural communities it seems necessary that the health officers be charged with the duty of medical school inspection, in co-operation with the school au- thorities. In cities, the trend appears to be toward direct employment of medical inspectors by school authorities. VI. DETAILED STATEMENT OF EECOMMENDATIONS Our most important recommendations were sum- marized at the opening of this report. A more detailed statement follows, with further explanation of the rea- sons therefor, and some minor recommendations not calling for extended comment : 1. The term of office of the State Commissioner of Health should be six years, his salary $10,000 per annum. He should be either a physician or a reeog- 636 Public Papebs of Gtoveenoe Stjlzeb nized authority in public health work and he should not be permitted to practice medicine or have any occu- pation -which might interfere with his official duties. That the State Commissioner of Health should devote substantially all his time to the duties of the office hardly requires argument. That he should possess exceptional qualifications, including executive capacity and experience in public heaith affairs, is also evident. It will hardly be , possible to secure the full time of a person with the desired qualifications unless a longer; tenure and more adequate salary are provided. 2. There should be a Public Health Council of seven members, including the Commissioner of Health,- the Commissioner of Labor, the Commissioner of Educa- tion, one commissioner or other officer of the Health Department of the city of the first or second class, to be designated by the Governor, and three members to • be appointed by the Governor. This council should have power to adopt sanitary regulations 'for specified areas, not including New York city. Subsequent ap- pointments of the three appointive memhers should be for terms of six years each. This council should have no executive, administrative or appointive functions. Its sole functions should be to enact sanitary regula- tions, to define qualifications of eligibility and condi- tions of appointment for local health officers hereafter appointed, for sanitary supervisors and public health nurses, and to place at the service of the C^ommissioner its judgment upon any matters which he may bring- before it or as to which the council may think it wise to offer suggestions, especially as to educational work. The; council should meet at stated periods and as frequently as may be necessary. The members should be reimbursed for their necessary official expenses,^ Removal, Proceedings and Investigations 637 and, esceptthe State officers serving ex-officio^ should receive a moderate compensation for their services. The weakest point; in( the present syBtem of puiblic health administration is the lodgment of the power to enact sanitary regulations in each separate town, vil- lage and city in the State. For the' five million people in Greater New York one body enacts sanitary regu- lations. For the four and one-half million people in the remainder of the State some 1,400 different au- thorities enact (or fail to enact) sanitary regulations. In addition to such regulations as the Public Health Council may establish there should be reserved to the various town boards, village boards of trustees and appropriate municipal authorities the power to enact such additional sanitary regulations not inconsistent with those of the council as local conditions may indicate. 3. The State Commissioner of Health should be charged with the duty of exercising supervision over the work of all local health authorities, except in the city of New York; and should be charged with enforce- ment of the Public Health Law. To a larger degree than in almost any other division of public administra- tion, a State Department of Health must provide leadership and scientific authority and direction. Local health offitjers look to the State Department for the latest authoritative word in sanitary science and preventive medicine. The position of the State De- partment in relation to local authorities should be one of dignity and influence and should include sufficient power to insure a reasonable degree of team work among the many local units carrying on health work. We believe that the suggestions above made meet these requirements. 638 Public Papers op Govbenob Sulzek 4. The State outside of New York city should be divided into at least twenty sanitary districts for each of which the State Health Department should appoint a Sanitary Supervisor who should not be permitted to practice medicine nor to have any occupation which might interfere with his official duties and should re- ceive an annual salary of three thousand dollars. It is a striking fact that although the work of public health and the regulation of industry cover closely re- lated fields and in many instances deal with the same conditions, the State of New York has in the one ease followed a completely decentralized method of admin- istration and in the other a completely centralized method. For public health, the smallest governmental units have complete authority, with no effective State super- vision. Over factory conditions the State, through its Department of Labor with its corps of inspectors, ex- ercises, direct supervision. It is our judgment that in public health, for the present at least, the existing system of local health officers should be retained, but that provision should be made for a very close and effective co-operation, assistance, and supervision of local health officers by the State Health Department. It has been suggested by some that county health officers should be established either as supplementary to local health officers or to take their place. The diffi- culties in the way of securing an effective system of county health officers at this time seem to us insuper- able. We believe, however, that local health admin- istration can be made much more effective through a system of district supervision. By abolishing ineffective town and village boards of health the taxpayers will be saved an actual charge Removal Phooeedings and Investigations 639 amotmting probably to from $75,000 to $100,000. This sum expended by the State directly would maintain an effective system of district sanitary supervision. These sanitary supervisors should be either physi- cians or graduates of a thorough course of instruction in sanitary science covering at least a year, or persons of recognized authority or experience in public health work. They should be chosen as the result of a com- petitive examination open to all having the above qualifications, and in their appointment and assign- ment to districts previous residence in the district should not be required, though subsequent residence should be expected. The State Health Commissioner should have full au- thority over the sanitary supervisors. Each- sanitary supervisor should be required to keep himself in- formed as to the work of each local health officer in his district. He should aid each local health officer in the efficient performance of his duties, particularly on the appearance of any contagious disease. He should assist in outlining and securing an annual sanitary survey in his district and a continuous sanitary super- vision by the local health officers. He should have authority to call together the local health officers of his district, or of any portion of it, from time to time, to consider matters of joint interest. He should ad- just questions of jurisdiction arising between local health officers of adjacent areas. He should study the causes of excessive mortality from any disease in any particular area. He should promote increased effi- ciency in the registration of births and deaths. He should enforce the rules of the State Public Health Council as to the sanitary features of labor camps. He should promote popular interest and instruction in 640 Public Papers of Gtovbenoe Sulzee all matters pertaining to public health. He should be in constant communication with the organizations of the medical profession within his district. He should serve as a connecting link between the State Health Department at Albany with its Public Health Council, its laboratory , and its other facilities, and the local health officers whose communication with the State De- partment at present is more infrequent and relatively ineffective. Such a plan of district sanitary supervision is al- ready in effect with excellent results in several other States and has been suggested by the Commissioner of Public Health of this State. A step in this direction has been taken by the appointment in various localities of one or more medical officers of the State Health Department, but the sums available for their re- muneration have been extremely limited and those ap- pointed have been able to devote but a small portion of their time to the work, and that at irregular inter- vals. The abolition of town and village boards of health and the creation of State district sanitary supervisors will not involve additional expense, and will substitute trained, expert fuUtime supervision in place of per- functory, untrained, inexpert supervision, which too often exists. In our judgment this is by far the most important and far-reaching of our suggestions. 5. The duties of town and village boards of health, in so far as they are not otherwise transferred, includ- ing the appointment of health officers, should be trans- ferred to town boards and village boards of trustees respectively. The State Public Health Council should be authorized to establish from time to time qualifica- tions of eligibility and conditions of appointment for Removal Peoceedings and Investigations 6il the position of health officer for all subsequent appoint- ments. The ineffectiveness of town and village boards of health and of ike theory upon which they were estab- lished appears from the facts set forth above/ The town board of health is substantially the town board with only one additional member. There is no ade- quate reason for making it a separate entity from the town board. The village board of health is distinct in its membership from the village board of trustees, but in our judgment the trustees of the village would be a more effective local board so far as the performance of strictly local duties is concerned. Under present constitutional provisions it is ap- parently impossible to provide that the appointment of local health officers (town, village, county or munic- ipal) shall be subject to approval by the State authori- ties. Owing to the highly technical nature of the M'ork which the health officers perform we could wish that it were possible to require such approval. It does seem possible, however, to provide, that the qualifications required for eligibility and the conditions of appj)int- ment of health officers shall be defined from time to time by the State Public Health Council. If schools of instruction in sanitary science are established on an effective basis in connection with universities and medical schools, the time may come in the not distant future when some special training in sanitary science may be required on the part of all health officers. This and any other suitable provisions which ex- perience may indicate may be adequately dealt with by the State Public Health Council under the authority which we suggest should be conferred upon it. The supervision over local health officers which boards of 21 642 Public Papers op Governor Sulzek health are supposed to exercise but which in fact they do not and cannot exercise, can be efficiently exercised by district State Sanitary Supervisors. 6. Health officers of towns and villages (at least those hereafter appointed) should receive an annual minimum salary equivalent to fifteen cents per inhab- itant of their village or town. The compensation of health officers has been left entirely to local authorities. From time to time added duties have been imposed upon them in connection with the medical examination of school children, the enforcement of the Child Labor Law, the examination of the alleged insane, and other matters. Local fiscal authorities have been slow to recognize the growing importance of the health officer and his compensation has remained in most instances at a ridiculously low figure. Eeturns from 771 towns and villages show an average annual salary during the, last year, including fees, of $60.84. Public health work in this State at this time may truly be styled a sweated industry. We suggest that a compensation of not less than fifteen cents per inhabitant per district be required, with au- thority vested in town and village boards to fix a larger annual salary or to allow additional compensation in cases of epidemics or other emergencies. 7. The health officer until recently has been thought of as dealing chiefly with contagious diseases. Our examination of local health officers suggests that they themselves have considered this as their most im- portant, if not practically their only work. As a mat- ter of fact it is among the least important phases of modern public health work. In order that they may be more fully informed as to conditions affecting health in all parts of their jurisdiction we suggest that each health officer be required: Removal Pkoceedings and Investigations 643 (a) To make aji annual sanitai'>' survey and luaiu- tain a continuous sanitary supervision over his dis- trict, under such regulations as the State PubUc Health Council may determine. (b) To make a medical examination of all school children as soon as practicable after the opening of each school year. (c) To inspect periodically all school buildings and places of public assemblage as to their sanitary con- dition and to report their findings to those responsible. (d) Popular education as to public health. (e) Securing full reports of communicable diseases and full registration of births and deaths. (f) Enforcing the Public Health Law and the regu- lation of the Public Health Council within their juris- diction. 8. The collection of mortality statistics in this State is believed to be upon a reasonably efficient basis. The collection of statistics of birth is in some districts lamentably incomplete, although for many years the law has provided for birth registration. The report- ing of cases of contagious diseases varies widely in different portions of tjhe State. The State Health De- partment has not been able to provide continuously for expert statistical assistance for the compilation, inter- terpretation and effective use of the statistical ma- terial in its possession. The importance of the collection and wise use of complete statistics Qf births, deaths and; contagious diseases is self-evident. The United States Census Bureau, in co-operation with a number of national associations interested in public health, has devised and recommends to the several States a standard or model vital statistics and birth registration law. It is to be regretted, in our judgment, that it is not possible 644 Public Papers oi? Gtovbbnoe Sulzbe for the Federal Census Bureau to establish riegula- tions controlling the collection of vital statistics in the several States. In the absence of such authority it is desirable that each State should co-operate to the fullest extent with the national authorities. We recommend that the model or standard law as pro- vided by the Federal Census Bureau, with such modi- fications as may be necessary, in view of existing New York constitutional and administrative factors, be substituted for the existing statutes dealing with these subjects. 9. Each city, county, village and town should be given specific authority to employ one or more trained nurses to act as infant welfare nurses, school nurses, tuberculosis nurses and generally, at the request of physicians or health officers, to visit the sick who are unable otherwise to secure adequate care and to in- struct other members of the households in the care of the sick. The State Public Health Council should establish qualifications of eligibility and condition^ of appointment for such public health nurses. In larger communities, when several nurses are employed, some would doubtless be assigned to one or the other of these duties, but in smaller localities all of them may be performed by one trained nurse. The advent of trained nursing marks not only a new era in the treat- ment of the sick, but a new era in publifc administra- tion. In the city of New York there are in the service of the Department of Health over 300 trained nurses in addition to those employed in the hospitals for con- tagious diseases. Trained nurses are also emplbyed by health authorities in some of the other cities of the State. Three counties and a considerable number of cities, villages and voluntary committees employ tuber- Removal Pkoceedings and Investigations 645 culosis nurses. An exceptionally interesting account was given to this Commission of the work of district visiting nurses in the rural communities and villages of northern Westchester county. These nurses are in the employ of a benevolent corporation and are sup- ported by private contributions, but in our judgment such nurses might equally well be employed elsewhere by local authorities. We strongly urge, therefore, that specific authority be given to each city, county, village and town to employ one or more trained nurses for all the public health purposes for which trained niirsiilg has now been found to be practicable. 10. The statute should require certain divisions in the State Health Department and define the qualifica- tions of the heads of such divisions. Some of these divisions now exist; others should be established in- cluding a division of child hygiene and a division of public health nursing. 11. The following amendments to the Tuberculosis Law are suggested in the light of an experience of five years since its enactment. They are favored by the State Conference of Sanitary Officers and the State Charities Aid Association and their advisability does not seem to us to require argument: (a) Authorize nurses, landlords, and laymen gener- ally to report to health officers for inquiry and exam- ination any persons under their observation who ap- pear to be suffering from tuberculosis.. ■ (b) Authorize local health authorities , to employ trained nurses for the supervision of reported cases and' the discovery of unreported cases. (c) Require local health authorities to initiate pro- ceedings against physicians who fail to report cases. (d) Provide for the compulsory removal and deten- tion of careless tuberculosis patients. (i4(i Public PAPERa ok Goveknor , SuLZijii' ,,(ie) Making the reporting of a case of tuberculosis by a pbysician as easy as possible, requiring onlj the name and address of the patient. (f) Authorize the State Board of Public Health Council to establish rules and regulations and to revise them from time to time, defining the methods and pre- cautions to be followed in disinfecting, cleansing or renovating premises upon the death or removal. ;of a tuberculosis patient. (g) Eliminate the present penalty for reporting as tuberculpus a patient who is not tuberculous. 12. Additional provisions should be made by the State itself for the care of incipient cases pf pulmonary tuberculosis. It is not necessary,, in our judgment, that a new board of managers be established. We wTould suggest that the board of managers of the existing State Hospital for Inpipient. Tuberculosis at Eay Brook, N. Y., be charged with the duty of either in- creasing the capacity of the existing institution, or if that would seem to he. unwise, of securing a site and establishing a similar institution at some point in the central portion of the State. , . , 13. We would urge as strongly, as possible that each county in the State^ except those in which, benevolent corporations or municipal authorities make adequate provision for tuberculosis hospitals and tho^e counties having a population of less than, say, 25^000- inhab- itants, should proceed at once and with all diligence under the provisions of the County Hospitals Law to establish and maintain a county tuberculosis hospital with a capacity equal to at least the average number of deaths per annum from tuberculosis for the pre- ceding five years. !,...,, 14. The State Health Department should be pro- vided with a new laboratory, with sufficient land, and with adequate facilities for routine examinations, Removal Peooeedings' and Investigations 647 analyses, and original research. The present labora- tory. of the State Department is in the residential por- tion of the city of Albany. It is most inadequate in size^ equipment and staff. The number of animals crowded within the area of a few city lots is such' that in midstmimer they are practically useless for scien- tific purposes. An adequate laboratory with farm lands for the care of animals needed for the produc- tion of various supplies to be furnished to local health authorities is one of the urgent needs of the State Health Department. The laboratory should be planned on a scale con- templatingi original research as well as routine exami- nations, t The State Health Department should also be author- ized to enter into contracts with several laboratories located in the larger cities in various portions of the ■State, for the iprompt examination and immediate re- port of specimens received from local health officers. The length of time elapsing when cultures of diph- theria, for instance, are sent from the remoter por- tions of the Stajte to Albany, and the reply received, deprive the reports of a large part of their value. Replies are sent by telegraph only when requested and at the expense of the local authority. An outbreak of a serious contagious disease is too important a matter for a definite report to be delayed by the acci- dent that a local authority may fail to request a reply by telegram. It is extremely important that there be made promptly available to every ^health officer and physi- cian in the Statei an authoritative examination for the diagnosis of venereal diseases as well as other com- municable diseases. ' 15. Municipal authorities should be strongly and repeatedly urged to provide contagious disease hos- 648 Public Papers of Governor Sulzer pitals (in addition to tuberculosis hospitals), not less than one bed per 2,000 of the general population. The State Department of Health should be charged with the duty of periodically inspecting such hospitals and of reporting their condition and needs to the authori- ties responsible for their maintenance, and the Public Health Council should make regulations for their administration. The importance of contagious disease hospitals in reducing sickness and mortality is generally recog- nized. For the isolation of homeless patients or those living in seriously overcrowded homes, hospital pro- vision is necessary. Such provision may be made under existing law by local health authorities. It is an anomalous fact that the State Department of Health is not specifically charged with the duty of in- spection or supervision of such hospitals, nor are local health authorities required to report to it the extent to which they are equipped with hospitals, nor does the State Department seem to have made it a part of its work to urge local authorities generally, from time to time, to make suitable hospital provision. We have secured from the health officers of twenty-eight cities of the State a statement of the amount of hospital pro- vision for contagious diseases in their jurisdictions. The total provision for contagious diseases, other than tuberculosis, in New York city and in cities reporting is as follows: New York city, 1,500 beds, or one bed for each 3,500 of population. Twenty-eight cities, outside of Greater New York, 611 beds, or one bed for each 2,217 of population. It should be noted, however, that 253 of these 611 beds for the cities outside of Greater New York are in Syracuse. Eliminating Syracuse as exceptional, we find that the other 27 cities have a total of 358 Removal Pkoceedings and Investigations 649 beds for contagious diseases, or one bed for each 3,400 of population. It should also be stated that in some of the cities reporting " hospital beds " the provision is in the nature of a " pest house " that is selSom used except in cases of serious epidemics and were provided chiefly for smallpox. Contagious disease hospital provision has made much more rapid headway, in foreign countries than here. The standard of one contagious disease hos- pital bed per 1,000 inhabitants, which is the English standard, would require a total of 5,000 beds in New York city, and a total of 4,500' beds in the remainder of the State. A standard of one such bed per 2,000 of the general population probably represents the maxi- mum which can be secured at this time. 16. The proposed Public Health Council should have power to regulate the practice of midwifery. Such power now exists, to some degree, in New York city and in Erie county, but not elsewhere in the State. 17. The written reports of public health officers, in- cluding nurses, etc., on questions of fact under the Public Health Law of this State or under any State or local health regulations, should be made presump- tive evidence of the facts so stated, and receivable as such in all courts and places. The persons making such reports should be exempted from personal liabil- ity for the facts so stated, provided they have acted in good faith. 18. The educational work of the State Department of Health, particularly popular education as to the causes and methods of control of prevalent diseases, should be greatly extended. The Monthly Bulletin issued by the Department, its manual and its circulars in regard to contagious diseases, are a useful begin- ning in an educational campaign. Some other State Health Departments have carried on a more extensive 650 Public Papbes of Goveenoe Sui.zer movement of popular education, suck as has been car- ried on in this State as to tuberculosis jointly by the State Department of Health and the State Charities Aid Association, but in which the State Department of Health has been unable to take as active and lead- ing a part as would have been desirable on account of inadequate appropriations. The makers and venders of patent medicines expend fabulous sums annually in the miseducation of the pub- lic as to the nature and cure of disease. The State Health Department, with the prestige naturally attach- ing' to a State department, with its 'district sanitary supervisors and with some 1,200 local health officers as its aids, offers an exceptional opportunity for edu- cational work. The largest opportunity of all undoubtedly is in the preparation and furnishing, at suitable intervals, of material for the daily and weekly press. Through its vital statistics and reports of contagious diseases which come to it, the Department has at hand k con- stant supply of up-to-date information on matters of vital importance. Properly stated and interpreted, this would be widely used and would constitute an invaluable factor in the general education of the pub- lic, which, all things considered, is the most important part of any public health movement. Leaflets of a popular character should be issued fronl time to time in as large quantities as can be actually distributed to individual readers. 19. By establishing standards of qualifications of public health officers and nurses, and in other ways, the State Public Health Council should encourage the educational bodies of the State to maintaii; special courses of study and training in sanitary science and public health work for physicians, nurses, engineers EemOval Peoceedings and Investigations 651 and others proposing to engage in public health work in any of its branches. 20. At the earliest possible moment the records of the State Department of Health, including the records of births and deaths, should be placed in a fireproof building and the Department should be provided with offices large enough to relieve the present congestion and protect the health of its employees. If the fire in the capitol had been in the east end instead of the west end, the records of the Department would have been destroyed. It would seem to require no argument that the State should provide healthful working conditions for its employees in the Department of Health. The present congestion is a menace to the health of the Department's employees. VII. IMPOBTANT SUBJECTS NOT COVEHED We have alluded to only a few of the many subjects brought before us. , There are a number of matters of great importance as to which we are convinced that measures should now be taken. We have not, how- ever, been able, in the brief time available, to frame specific recommendations. These subjects include the following : 1. The establishment in medical colleges connected with universities, or under the direct auspices of the State Department of Health of systematic courses of instruction in sanitary science, leading to a degree, which ultimately might be required of all health officers. 2., The establishment of a system of medical exam- ination, at least of male applicants, as a condition to securing a marriage license. 3. The establishment in connection witli tuberculosis hospitals and sanitoria of industrial plants for the employilient of arrested cases, under healthful con- ditions. 652 Public Papeks oj.'' Goveknok Sulzek 4. A general study of the results of sanatorium treatment of tuberculosis and of the further steps that need to be taken in order to conserve to the largest degree the benefits of sanatorium treatment. 5. The regulation of housing in cities of the second and third classes. 6. The better protection of water supplies. We appreciate the honor of having been asked by you to take part in a matter of such vital importance to the welfare of the people of this State. HERMANN M. BIGGS, M:. D. Chairinan HOMER FOLKS Secretary JOHN A. KINGSBURY Assistant Secretary EDWARD R. BALDWIN, M. D. W. E. MILBANK, M. D. MARY ADELAIDE NUTTING, R. N. JOHN C. OTIS, M. D. ANSLEY WILCOX Appointment of John N. Carlisle, John H. Delaney and H. Gordon Lynn to Examine and Investigate the Management and Affairs of Any and All Depart^ ments, Boards, Bureaus or Commissions of the State Certificate of Appointment State of New YoBXi — Executive Chambek To All to Whom These Pbesbnts Shall Come, Greeting : Know ye, that pursuant to section 8 of the Executive Law, I have appointed and by these presents do hereby appoint John N. Carlisle of Watertown, Jefferson KeMOVAL Jr'KOCEEOINGS AND INVESTIGATIONS 653 county, New York ; John li. Delaney of the borough of Brooklyn, New York city, and H. Gordon Lynn of the borough of Manhattan, New York city, to examine and investigate the management and affaii's of any and all ; departments, boards, bureaus or commissions of the State. The said John N. Carlisle, John H. Delaney and H. Gordon Lynn are and each of them is hereby empow- ered to subpoena and enforce the attendance of wit- nesses, to administer oaths and examine witnesses under bath, and to require the production of any books or papers deemed relevant or material. And I hereby give and grant unto each said John N. Carlisle, John H. Delaney and H. Gordon Lynn all and singular the powers and authorities which may be given or granted unto a person appointed by me for such purpose under authority of the statute aforesaid. In witness whereof, I have subscribed my name to these presents and caused the [l. s.] Privy Seal of the State to be affixed hereto at the Capitol, in the city of Albany, this sixth day of January, in the year of Lord one thousand nine hundred and thirteen. (Signed) WM. SULZEE By the Governor : (Signed) Chester C. Platt Secretary to the Governor Report of the Committee of Inquiry Albany, N. Y., March 21, 1913 Honorable William Sulzbr, Governor of .the State of New York, Executive Chamber, Albany, N. Y.: ■: Sir.— The Committee of Inquiry, having devoted the time allowed to it when it was appointed, and having completed, so far as tlje time limited permitted, the 654 Public Papers or Governor Sulzer work assigned to it, submits the following as its final report, together with the recommendations, which impress it as wise and for the advantage of the State, for the promotion of eJBficiency and economy in the service of the State and in the State's business and financial concerns. In your first message to the Legislature you recom- mended the appointment of this Committee in the fol- lowing language : " Many worthy citizens have suggested to me the advisability of examining, through a com- mittee of inquiry, into every department of the State government to ascertain where expenditures can be checked and the money of tlie taxpayers saved, and also to recommend to the Legislature in this message the desirability of abolishing use- less offices, consolidating wherever possible bu- reaus and commissions, -with the sole object of more rigid economy and a greater degree of eflSciency. " On January 6, 1913, your Committee was appointed and we immediately entered upon the discharge of our duties and have since been engaged in attempting to cover the enormous mass of detail assigned. ' ' ' We were confronted at the outset with the proposi- tion that in order to make our work effective this re- port must be made in practically sixty days from the time we were commissioned, to the end that it should be presented to the Legislature and our recommenda- tions submitted to them in time for action. Necessarily we have not been able to follow up in every detail a large immber of matters which were brought to our consideration. Removal, Pkoceedings and Investigations 655 Upon our organization, we announced tliat our line of action would be to make an investigation of the different departments of the State for the purpose of trying to secure economies and efficiency in the public service. It is along this line that we have spent the greater part of our time. We deem this to be the real constructive part of our work, and that which will result in lasting benefit to the State, if the recommen- dations we submit are enacted into laws. Business Methods of the State and Its Ststem 'of Finance The business of the State can reasonably be said to be run without any systematic plan whatever. Each department is conducted as an independent enterprise, and there is no effort at co-operation, no point or place where the various activities of the State govern- ment concentrate. The Governor appoints heads of departments, generally with the advice and consent of the Senate, and there his real power practically eijds ; the Legislature creates the departments, and after that merely appropriates funds for their support; the Comptroller is vested with only a limited power of audit, and that power extends to less than one-fourth of the amount expended last year for the support of the State institutions. The condition therefore ensues that work is duplicated, labor is multiplied and ex- penditures become greater each succeeding year, be- cause there is no way by which the business of government may be considered as a compact whole. To bring about a proper condition of control it seems necessary to establish new agencies of government en- dowed with power to examine and supervise the work of ail the departments, to compel uniformity in 656 Public Papers of Govehnor Sulzer methods of administration and accounting, and then to assemble together the results obtained, so that the Legislature and the G-overnor may have accurate, complete and condensed information to aid them in properly exercising their legislative and executive duties. As the first steps toward bringing about necessary reforms, we had prepared five bills which we submitted to you with a preliminary report on the 11th day of February, 1913. These bills, briefly summarized, pro- vide as follows : ' ' 1. A State Board of Estimate, consisting of State officials, to have the careful preparation of the appro- priation bills. 2. A Commissioner of Efficiency and Economy, to have the power to examine into all the expenditures of the State, and to make recommendations along lines of efficiency and economy. 3. A State Board of Contract and Supply, controlled by State officials, to have power to purchase all sup- plies for every department of the State. 4r-5. The Comptroller to have absolute power to audit and examine every expenditure. We must respectfully urge the passage of these bills at the earliest possible date. To secure economy and efficiency in State affairs, the entire system under which appropriations of funds are made by the Legislature should be changed. The law now compels departments and bureaus to submit be- fore the fifteenth of November an estimate of the amount of money required for their support during the ensuing fiscal year. Inasmucli as the present fiscal year begins October 1, this means that these estimates Eemoval Proceedings and Investigations 657 are prepared more than ten months in advance. Every year conditions arise which could not be foreseen by even the most careful executives, and the system has resulted sometimes in such excessive amounts being appropriated that extravagance is invitetl, and some- times in such deficiency in appropriation that depart- ments were compelled in violation of law to exceed the expenditure allowed; and the consequence has been annual supply bills and special bills filled with emer- gency appropriations. To correct this condition we recommend : First. That the fiscal year of the State begin on tlie first day of July instead of the first day of October, thus bringing the date near the end of the legislative session. Second. That general appropriations should be available only for the year for which they are specifi- cally appropriated. Third. That all unexpended balances lapse ' at the end of each year. The conditions under which the funds have been handled in the past are such as to prevent this plan becoming etTective until September 30, 1914. Fourth. That it should be unlawful, and under no circumstances should a department be empowered or permitted, to incur liabilities in excess of an appro- priation, and the Comptroller should not be permitted to make any deviation from this rule nor sanction directly or indirectly any violation thereof. Fifth. That the appropriation bill should not permit the word " Maintenance " to be used as is now applied. At present, in connection with prisons, hospitals and charities, this term covers wages, salaries, supplies, expenses, repairs and in some cases betterments, and 658 Public Papeks of Governor Sulzek the institutions should be required to separate into detail all of these items, otherwise the Legislature has no control whatever over the expenditures for theso purposes. Sixth. That supply bills be discontinued. Exigen- cies and contingencies should be taken care of in either a deficiency or a special bill. Seventh. That the form of the appropriation act should be changed so as to show specifically the titles of positions for which salaries are provided, instead of concealing them in so-called " grades," as at present. Our examinations into the various departments show that, as far as the matter of interpretation of the ap- propriations is concerned, each department is a law unto itself; that practically no two departments handle an item of expense in the same manner ; and that there is an absolute lack of uniformity in treatment, with no present power vested in anyone to bring about this necessary reform. To bring about control, it is necessary to have con- centration of power and authority. Without concen- tration of power and authority, efficiency and economy cannot be had ; and control cannot be had by a Budget Committee, a Finance Committee or any controlling governmental body, until all of the departments of administration of the State of New York shall have been compelled to adopt a uniform system of general accounting. We feel confident that the approval by the Legis- lature of the foregoing recommendations will increase largely the efficiency of the service, and permit of regulation of expenditures that will result in very large saving of public funds every year. Removal. Peocebdings and Investigations 659 ' ■' Unexpended Balances During the course of our investigation we discovered that in nearly every department of the State there were large unexpended balances on hand. These bal- ances occurred by reason of the departments having obtained more money in the past than was necessary for the purposes for which they were asked, and, in some instances, these balances amounted to a larger amount than was necessary to run the department for two full years for the specific purposes desired. For instance, in the Insurance Department there was on September 30, 1912, an unexpended balance of ap- propriation for office expenses amounting to $30,190.67. Upon October first there became available an addi-" tiohal appropriation, made by the last Legislature, of $25,000. Thus, there was in this fund at the beginning of this fiscal year a total sum of $55,190.67. The expenditures on account of office expenses dur- ing the last year amounted to only $19,413.71, but this Legislature was asked to appropriate $25,000 more, the department apparently overlooking the fact that there was already sufficient in this fund to meet the requirements of two years to come. Your Committee has recommended that this unex- pended balance be reappropriated, and no new appro- priations be made this year. As we have heretofore recommended, the practice of allowing unexpended balances to be carried over should be discontinued and the Legislature should pro- vide that all such balances do lapse at the end of the fiscal year 1914, and at the end of each succeeding year. Printing The cost of printing for the Legislature and various State departments for the fiscal year 1911-1912, (560 Public Papers oi'' Goveknob Sulzer ordered through the State Printing Board, is given in the Comptroller's report as follows: Legislative printing , $388,554 49 Departmental printing 189,981 07 Engraved bonds 31,803 50 $610,339 06 Estimated outstanding liabilities Oct. 1, 1912, to be paid out of 1912 funds 50,000 00 Total $660,339 06 The State Printing Board, composed of the Secre- tary of State, the Comptroller and the Attorney-Gen- eral, is charged by statute with the duty of supervising the purchase of all printing, with directing the ' ' form, style and methods of the execution of all work," and with advertising for competitive bids and letting con- tracts for said work; but, by the terms of the same statute, the Printing Board is denied even the power to determine the character of the specifications to be bid upon, or the quantities of printing to be ordered or contracted fpr. The present printing law of the State of New York appears to have been especially well designed to promote extravagance and waste and to absolutely prevent any effort toward econonay. The Printing Board has promulgated such rules as it could to regulate methods of ordering and delivering work, but the limitations upon the power of the Board pre- vent any actual control, and the establishment of an official board under such conditions is only a pretense at protecting the' taxpayers of the State. The experts employed by your Committee are unanimous in their opinion that very large savings could be made if the law permitted proper methods of purchase and regulation. Removal Phoceedings and Investigationb 661 Your Committee recommends that the present State Printing Law be repealed, and that the acts to estab- lish a State Board of Contract and Supply and a Department of Efficiency and Economy, already pend- ing in the Legislature, be enacted into law, as an .effect- ive means of stopping this waste of public funds. Or, if it be deemed unwise by the Legislature to establish a bureau for the purchase of all supplies, at least the PrintingLaw should be changed so as to make it pos- sible for the State departments to purchase printing at the lowest prices obtainable. We have had prepared and sent to the Legislature a new printing law, and we recommend its enactment as an alternative measure. Your Committee has transmitted a copy of the re- port of its examiners to the State Printing Board, with some suggested economies that appear to be possible under the provisions of the present contract, through certain changes in grades of paper. Stationery and Office Supplies Stationery and office supplies are used in very large quantities by the State of New York, but the State purchases these supplies in small quantities and at un- reasonably high prices. Some of these supplies are furnished to various departments by the State Comp- troller's office, but the larger portion is purchased by the departments themselves in the open market. Some departments — for instance, the Secretary of State and the Conservation Commission — have recently made an effort at economy in this line, but, even in these de- partments, the prices paid are far in excess of what is reasonable. In one table in the Comptroller's Annual Report (page 95) the cost of stationery and typewriter sup- plies paid out of office and general expenses account, 662 Public Papeks of Goveenok Sulzek by tlie departments, is given at $32,467.65. This is only a small part of the total purchases of this char^ acter. It is not possible, without a laborious analysis of all the accounts kept by the various departments and ins'titutions, to give the exact amount the State pays in any fiscal year for stationery and ofiSce sup- plies, but, we believe, a conservative estimate would be $80,000. The establishment of a central purchasing agency for supplies of this nature would easily result in a saving of $20,000 a year. Sinking Fund We are advised by the Comptroller of the State that the several sinking funds, kept pursuant to law, are as follows : (1) For the retirement of the bonds issued pursuant to chapter 147 of the Laws of 1903, for the improve- ment of the Erie, Oswego and Champlain canals, a total issue of $2,000,000, par value. (2) For the retirement of the bonds issued pursuant to chapter 147 of the Laws of 1903 and chapter 241 of the Laws of 1909, for the improvement of the Brie; Oswego and Champlain canals, a total issue of $21,- 000,000, par value. (3) for the retirement of the bonds issued pursuant to chapter 147 of the Laws of 1903, chapter 302 of the Laws of 1906, chapter 241 of the Laws of 1909 and chapter 66 of the Laws of 1910, for the improvemeht of the Erie, Oswego and Champlain canals, a total issue of $40,000,000, to which is to be added an issue of $20,000,000, contemplated to be sold in the current year. (4) For the retirement of the bonds issued pursuant to chapter 391 of the Laws of 1909 and chapter 139 of Removal. Proceedings and Investigations 663 the Laws of 1910 for the improvement of the Cayuga and Seneca canals, a total issue of $3,000,000, to which is to be added an issue of $2,000,000, contemplated to he sold in the current year. (5) For the retirement of the bonds issued pursuant to chapter 746 of the Laws of 1911, for barge canal terminals, a total issue of $5,000,000, to which is to be added an issue of $5,000,000, contemplated to be sold in the current year. (6) For the retirement of the bonds issued pursuant to chapter 479 of the Laws of 1906 and chapter 718 of the Laws of 1907, for the improvement of highways, a total issue of $34,000,000, to which is to be added an issue of $16,000,000, contemplated to be sold in the cur- rent year. (7) For the retirement of the bonds issued pursuant to chapter 363 of the Laws of 1910, for the improve- ment and extension of Palisades Interstate Park, a total issue of $2,500,000, par value. In these several sinking funds, the Comptroller, after the method that has grown up in his office, has figured that there should be added, by appropriation or direct tax, for the fiscal year beginning October 1, 1913, the following amounts, viz. : Total to be For For Fund. added principal Interest (1) supra $264,561 66 $204,551 66 $60,000 00 (2) supra 925,930 82 295,930 82 630,000 00 (3) supra '^ . . . 3,306,895 77 906,895 77 2,400,000 09 (4) supra 275,574 66 75,574 66 200,000 00 (5) supra 661,379 16 261,379 16 400,000 00 (6) supra 60,626 42 30,626 42 30,000 00 (6) supra 3,260,000 00 980,000 00 2,280y000 00 (7) supra 137,787 32 37,787 32 100,000 00 Total $8,892,745 81 $2,792,745 81 $6,100,000 00 664 Public Papers of (tovekn-oe, Sulzer , The total liability for the funded debt of the State of New York on December 31, 1912, was $106,472,660. This is divided as follows : Canals $69,407,660 00 Highways 34,000,000 00 Palisades Interstate Park 2,500,000 00 Saratoga Springs State Reservation 565,000 00 Total $106,472,660 00 The bonds of the Saratoga Springs State Eeserva- tion of $565,000 carry with them no imposition of a sinking fund. The amount of the funded debt as of the given date for which provision has been made for sinking fund is $105,907,660. Of the amount of bonds authorized, but not yet is- sued, there are $124,778,000. The analyses respecting the purposes for which created show : For canals $58,393,000 00 For highways 66,000,000 00 For Saratoga Springs State Reservation 385,000 00 Total $124,778,000 00 There was in the sinking fund of the State of New York on December 31, 1912, $22,304,040.95, consisting of: Investments $20,426,746 84 Cash ; 1,877,294 11 Total $22,304,040 95 Analyzing further to exhibit the relation of tlie sink- ing funds to the respective bond issues, shows : RkmovaLi Pboceedings and Investigations 665 Canal debt sinkiag fund $17,907,324 72 Highway debt sinking fund 4,320,913 76 Palisades Interstate Park sinking fund 75,802 47 Total $22,304,040 95 If, instead of the practices that have been followed by the State, the sinking fund had been created in the usual and customary manner the accumulations as of December 31, 1912, would have been $3,530,994.98, or an amount equal to $18,773,045.97 less than the actual amount of the accumulated cash and securities on hand and available as of the given date. This, ai^aljrzea to exhibit its relation to the respec- tive issues, shows: Excess in the canal sinking fund $15,.34 7,840 54 Excess in the highway sinking fund 3,394,395 36 Excess in the Palisades Interstate sinking fund . . 30,810 07 Total excess in sinking funds $18,773,045 97 The records of the Comptroller show that the amount to the credit of the sinking fund for the high- way loan of one million ($1,000,000) dollars at three per cent, pursuant to chapter 469 of the Laws of 1906, and amendments, redeemable December 1, 1956, was, on September 30, 1912, $598,247.21. Thus it appears that more than half of the principal had accumulated and the bonds had a further life of forty-four (44) years. It is submitted that, to set aside two per cent of the XJrincipal each year for a sinking fund on a debt of fifty million ($50,000,000) dollars, on a basis of invest- ment at three per cent compounded annually, there will have accumulated in tliirtv-one vears thereafter 666 Public Papeks of Governor Sulzer $50,002,678.17, and the bonds, having a life of fifty years, will have yet to run a period of ninetegn years. To concede that this theory is correct is to grant that the first three decades are imposed with the burden of this debt; that the latter two decades during the life of the issue are relieved of any proportion of this burden ; and, further, too, they are presented with the public utility, free of debt, and the accumulations on fifty million dollars for nineteen years ^ — a sum amounting to thirty-seven million, six hundred and seventy-seven thousand and eighteen dollars ($37,677,018). Believing it to be a matter of a grave nature to sug- gest any departure from the practices in vogue Con- cerning the sinking fund, our examiner, with the con- sent and approval of the G-overnor and your Com- mittee, sought the advices of nine gentlemen in the city of New York whose reputation as financiers extends to every quarter of the United States. Included among these men were some of the large buyers of the State securities. None of these gentlemen knew that there was in the sinking fund an amount in excess of the re- quirement under the usual and customary amortization plan. Their advices can be generally conveyed in the statement that it is their opinion that clear, concise statement of affairs should be given to the people showing : (1) The annual contributions made to the sinking fund have been largely in excess of the requirements. (2) There is an excess in the sinking fund to-day equal to many millions more than is necessary. (3) The practices in vogue operate against the time honored principles of funding a debt. (4) The expense and burden of the public debt is inequitably distributed. Removal Proceedings and iNVESTKiATiONS 667 (5) That the present administration proposes to relieve the situation by reducing annual contributions to the sinking funds until such time as the total amount in the sinking funds shall represent the cor- recl proportion of the total amount required for the redemption of the bonds at maturity. Then, and thereafter, contributions should be made to the sink- ing fund in amounts sufficient only, under the usual and customary plan of amortizing a debt, to discharge the principal at maturity. (6) And that the Governor and the Committee of Inquiry have advised with men of finance, having the knowledge and ability that come from experience, and a correction of the practices will not operate to put the State in jeopardy either as to the State's relation to the securities already issued or concerning the future sale of .State bonds. In conclusion, your Committee recommends: That inasmuch as the greatest proportion of the excess was accumulated within the past seven years, that the adjustment, operating to correct the abuses, should be made effective immediately, to the end that the same decade receives the benefits of such cor- rections as far as is possible. That the request of the Comptroller to appropriate $9,022,245181 out of the revenues for the fiscal year be- ginning October 1, 1913, described as being for con- tributions to the Sinking Fund and interest on the bonded indebtedness, inclusive of interest on bonds estimated to be outstanding during the year, be re- duced to $129,500 to the fund to liquidate the principal and interest on the Saratoga Springs State Reserva- tion bonds, aijd one hundred dollars ($100) to each of the seven funds to liquidate various canal and high- 668 Public Papeks of Governor Sulzeh way bonds, or a total amount to be " imposed and col- lected " of $130,200. In view of the fact that the bal- ance of the proposed levy for this year ($8,892,045.81) was imposed and collected in previous years, and that there still remains in the sinking fund a very large surplus to be applied to the reduction of future contri- butions, the provisions of the Constitution, directing the manner of establishing and maintaining a fund sufficient to discharge the debt at maturity, have been fulfilled. In confirmation of our recommendation upon this subject, we submit herewith, and as a part of this re- port, the opinion of our counsel. Canal Claims and Board of Claims Growing out of the construction of th« Barge Canal, and the appropriation of lands in connection there- with, there are now pending against the State about two thousand four hundred claims for damages. Under the act, the State, by filing a notice of appro- priation, is entitled to enter into the possession of the land and dispossess the owner therefrom without making compensation, unless an agreement as to value is arrived at. Where an agreement is not reached, the State, in good faith, should provide a method of settle- ment, or a tribunal before whom the value of , the property taken should be quickly determined and the moneys paid to the owners. Under the present procedure, a large number of claims have accumulated, and the present judicial sys- tem of handling these claims is absolutely inadequate to quickly and promptly dispose of them. It is im- possible for the present Board of Claims to handle all the business before it promptly and -with dispatch, and it is necessary that some method should be adopted Removal Phoceedings' and iNVESTlciATioNS ()69 whereby people having claims against the State can receive a prompt decision. This is not only desirable for the benefit of the claimants, but also for the State, on account of the large interest charges accumulating on these claims. The saving of interest alone will easily meet the additional temporary expenses recom- mended for the prompt disposition of the claims. We believe that the Court of Claims should be tem- porarily increased in its membership by an additional three members, and that the judges of the Court of Appeals whose terms of office have expired by age lim- itation, and who are available under the statute for such work be authorized to hear such claims as the Attorney-General may see fit to submit to them', be- cause of their experience and of the legal questions involved. .670 Public Papeks of Goveunok Sulzek !zi. o M CO CO Q h- 1 p M « M CZ2 o 1-1 M m fe u H H o g « . S ei o o « o o o Eh sopoooo 5ooooo-<*t 3 r- cc 00 ® eg -"if 3 O Q OO O C» O N N <5 Sefl'^.M.'r^t^o MCNC^WMr- CO ^ ^ W-H (N i-l CM (N Wr- OOOOOO OOOO-^OO ooooooooo 000000(000 ^owe^oocNrooso oooooo ooooox OMWOJO-* ooooooooo ooooooooo owtoc^wcmoto H iH CS ^H 1-H r-l r-l OOOQOO 00000(0 (OiOCMOitOCC oooooo o 000000(0 © O »0.0 00 W CC oooooo 00000(0 ooooo ooooo (00»0000 . cs M o o S S |Sl-3a§gSfe|s.B.s.aa,.a £ ""S S-g »)J o H M H pq P n W o o «-^5 i •SSiS 1 Sk is^ t 1 i S s s p ° « o a 1 1 go £ &-0 S Hi $3,400 10,000 3,000 2,500 800 8 O 11 $3,400 10,000 3,000 2,500 800 1 '2 -< ,■2 $1,600 250 500 10,000 2,500 2,000 1,000 O ". *• U o 1T3 $1,600 250 500 10,000 2,500 2,000 1,000 11 $1,600 250 } 500 10,000 2,500 2,500 i 11 $1,500 150 400 100 7,000 2,500 1,800 ,s - 2 •• Is $1,800 250 400 100 5,000 2,000 1,800 O o Ah i&fs'&sill Removal Proceedings and Investigations 673 GO W W t>H o ^ Pm (2i 1^ o ^ S o o I o H Q W. III ' 01 P> 1^ OOOOOOOOO 0"0 Q O-O OOOQOOOOOOQQ OOOOOOOOOOOOO-OOOOOOOOOOOOO ' OOOOOOOOpOOOOOQOOOQOOOQQOO gOOO-^OOOOOTOOOOCDSoOOOOOOOOCDtD ooa»x«oo»(oco<44«o^coeoocoocqo90cococococcco CO COM CO rH r-( r-( rt «CO«-HCDOON.-it^OO»HOJ(N iHt-I.HODOOSOi-li-IWrtiHi-I.HOOO'HrH.-IWOO'-lOi-l Ha n Hs Ha 1-5 pt| n h-5 g o fe >-s >-i « >-5 iT^ Si i-j a ^' s.s.g.e.g-.s r tkfea d H $ .'a -.^ " ^'^•S,D.« aSaoaaaa a*^ Lgjagaaaaaaa'' _ r^__3'^w-4JOjoJrtdrtrto3L S £ g os£ja£S!S£55 s m Z (L, PL, H^l << ^ <; -a" <; < ^ ^ -t! Z ^ a w"^ m 03 S a S a S aSio SI'S fflJS •l<"M*M'-0. H s g ' i»^ a a ^ • «j g a 3 s "tj o M £ a n u a.a 674 Public Papers op Goyeenob Stjlzbb' •TS 1) TS S o s o c;^ ,— -. -^ 1 111 'W no 1-^ H o W o >^ O o (-; 1 CM |7i § s H 02 rn w Uh s O s H o 7; 1— 1 M t-J o iJ s 1— w t> m i-( U p ^ 1 o o H w ^ l-J H p 7J p w w o CO s» Is: ■1^ A . 59 »^_. 5g Hog a* a i ^ 2 m p, H S g oooo •-HiHi-HT-t d +9 4^ -fa .»:i 4 s .f^l 4^) 4 4^ 4343 4^ -» 84343 ^ 434^4»43424A4343-t^4^49-^+3-«^-*343iP434343434'43 sasaesaeeasass a.aj a fa e a a QOUOOOQOOOUOOOOUOOOOOOO OOpOOt»COOiO)I^Ob-COTt-1i-li-IOOOOiH^HiHi-I^Hi-HiHOOOTH»HtHr-lOO^Hi-('^-l t^Nt-rHTt(Ttf'H»OeO«0)T- (u 0) a; d a a 000 ht f^ u u w . 03 03 » « 'ttJ >H a Q| Pi Q, Pi aaa aas 000 000 n n '^ bOUDbObDU » m'S 2 2 2 2 2-^.9 " ti ,t. V, -r- S fe I fe I fe'S'lil'l : a aaa aT3-g S-S illl|-a a a §-3 a a ■a oi , h -.^feja^ ■^ ■so iB'Si Ilpg||&^^li|s|w5-ia| 2W||a|s|3||g Removal Proceedings and Investigations 675 In order to carry these recommendations into effect, we approve of the bill introduced by Senator Blauvelt, and also approve of the additional recommendations of the Attorney-General as to making! available the services of the retired judges of the Court of Appeals. These additional agencies, however, will only help in a small way to affording any prompt and effective relief, and we believe that the number- of claims is so large, and the importance to the litigants is so great, that some additional method should be provided for the purpose of trying to adjust and settle these claims out of court. The board of water supply of the city of New York, which had a large number of similar claims against it, finally procured legislation providing for the appointment by it of a commission to adjust claims by means of negotiating with the owners, with power of recommending settlements to the board. We be- lieve that the Canal Board of the State should have the power to appoint a small commission who should be authorized to take up for adjustment all the claims now on file, and with power to make recommendations to the Canal Board for settlement, and we recommend legislation to this effect. Plan of Woek of Committee Immediately upon the organization of the Commit- tee of Inquiry, we prepared blank schedules upon which every department, bureau and office of the State was required to submit information showing the cost of these departments for the years 1905, 1907, 1909, 1911, 1912, and their estimates for 1913. The attached sheets, Schedules "A" and " B," filled out by the Civil Service Commission, illustrate these forms. In addition, we also required each department to furnish us with the civil list of employees, showing the 676 Public Papers op Goveenok Sulzeb names and number of all tkeir employees, when ap- pointed, title of position, when appointed, date of original appointment, rate of original salary, present title of position and date of appointment to present position, and the attached sheet, Schedule " C," wUl show the report made to us by the Civil Service Com- mission on this branch of the work. We also had prepared copies of the Appropriation Bills and Supply Bills, showing the amounts asked for this year, the amounts allowed in 1912 and the in- creases and decreases connected therewith, and had careful tables made of expenditures for the year 1912, showing moneys actually expended and unexpended balances on hand, if any, in each department. With the data secured from the schedules furnished and the general knowledge gained by the examination of witnesses, we have been able to completely revise the estimates for which appropriations were re^ quested, and we have prepared for printing ajid sub- mission to the Legislature a new Appropriation and a new Supply Bill, containing the items recommended by us. In connection with our work, we personally con- ferred with the head of every department, board, bu- reau and commission of the State, and discussed the matters connected with the same, and also required the heads of all departments, boards, bureaus and com- missions to appear in person at public hearings for examination as to the items in the schedules submitted, their methods of purchasing supplies, and in general the whole administration of their departments. We also held a large number of evening sessions. We have sought information from every source as to effi- cient and economical methods of administration, and have urged upon the heads of departments the neces- Removal. Peoceedikgs and Investigations 677 sity for the elimination of useless offices and the amal- gamation of bureaus that were doing the same kind of work. During the inquiry there appeared before the Com- mittee 117 witnesses, who were sworn, and hearings were also accorded to a large number of delegations, at which a number of speakers appeared and presented their views, and in all 3,618 pages of testimony were taken. In a great many cases, after these conferences and hearings, we were able to come to an agreement with the heads of the departments to revise downward their estimates for the coming year, and in only a few cases was there a dispute between us and the heads of the departments as to the amounts of money which should be appropriated. We have not tried to arbi- trarily scale down any department, but tried to base the determination upon the actual needs, and wherever increases are absolutely necessary we have allowed them. The following is a summary of the Appropriation and Supply Bills as recommended by us: 678 Public Papers of Goveenor Sulzee Schedule of Appeopeia DEPARTMENTS Appropriation Made bt the LbgisiiAture or 1912 General Appropria- tion bill Supply bill Total Appro PRIA Leois General Applopria- tiOQ bill Executive, total. S65,990 00 S36,963 90 tl02,953 90 167,290 00 Administrative: Secretary of State. . . ^ — Comptroller. .. .' Treasurer Attorney-General , . Civil Service Commission. Prmting Board. ; $323,400 00 426,075 00 33,900 00 246,210 00 59,060 00 13,500 00 (2,508 30 44,550 00 . 4,000 00 69,254 Z6 2,600 ,00 1325,908 30 470,«25 00 37,900 00 '315,464 26 61,660 00 . 13,S00 od 1336,400 00 ■477,425 00 35,500 00 •."239,99000 61,600 00 13,500 00 Total. $1,102,145 00 $122,912 56 $1,225,057 56 $1,164,675 00 Legislative, total . Judicial, total $1,077,400 00 $249,200 00 $1,326,600 00 $1,077,400 00 $1,739,185 00 $91,635 56 $1,830 ,.870 56 $1,743,920 00 Regulative: Excise Department Health Department Labor Department Public Service Commiasion ^Health Officer, Port of New York . . . Department of Public Works Superintendents of Elections Tax Commissioners.' Weights and Measures Department. . Athletic Commission Institute for the Study of Malignant Board of Examiners of Feeble-Minded Crimmals and Other Defectives Board of Port Wardens Commission to Investigate Port Con- ditions Interstate Bridge Commission Racing Commission $370,505 00 182,420 00 380,140 00 479,827 50 245,740 00 8,000 00 349,900 Oa 138,400 00 26,200 00 7,300 00 60,000 00 $27,500 00 16,090 49 4,425 00 8,000 00 90,250 flO 4,500 00 Total. $2,252,932 50 Educational: Education Dei]artment Alfred University, School of Ceramics. Blind, deaf and dumb Education building Normal schools $6,870,940 00 13,350 00 191,984 89 521,500 00 Total. $7,597,774 89 Agricultural: Agricultural Department ._ Agricultural Experimental Station Alfred University, School of Agriculture. Cornell University Morrwville School of Agriculture St. Lawrence University, School of Agri- culture .- $479,000 00 120,300 00 34,750 00 349,428 80 34,880 00 35,000 00 2,000 00 15,500 00 4,000 00 2,760 00 36,400 00 $393,005 00 193,510 49 384,565 00 487,827 60 335,990 00 8,000 00 351,900 00 153,900 00 30,200 00 10,050 00 96,400 00 8,000 00 4,500 00 8,000 00 $431,555 00 204,500 00 420,450 00 493,295 90 311,780 00 8,000 00 354,900 00 193,400 00 36,320 00 5,180 00 60,000 00 22,500 00 10,000 00 2,022 00 2,022 00 27,860 00 $216,937 49 $2,469,869 99 1,579,770 90 $74,581 40 25,800 00 30,888 00 8,000 00 71,000 00 $6,945,621 40 39,150 00 222,872 89 8,000 00 592,600 00 $7,190,390 00 16,400 00 389,740 00 571,480 00 $210,269 40 $7,808,044 29 $8,168,010 00 $273,323 61 9,000 00 13,800 00 141,000 00 37,547 10 20,000 00 $752,323 61 129,300 00 48,550 00 490,428 80 72,427 10 55,000 00 $537,140 00 139,500 00 35,000 00 629,428 80 36,030 00 35,000 00 Rbmovai. Proceedings and Investigations 679 TIONS rOR THE YsAR 1913. TioN Desired or the LATDEE Of 1913 Ahoitnts Recommended bt Committee APPKOPRUTION Supply bm Total General Supply bill Total recommended Increaae Decroaae $25,300 00 $92,590 00 $72,460 00 $30,074 16 $102,534 16 $419 74 $2,500 00 $338,900 00 529,025 00 36,400 00 304,990 00 61,460 00 13,500 00 $282,700 00 415,825 00 32,400 00 229,990 00 56,160 00 13,500 00 $1,000 00 45,700 00 4,000 00 60,000 00 $283,700 00 461,525 00 36,400 00 289,990 00 56,160 00 13,500 00 $42,208 30 51,600 00 9,100 00 500 00 1,500 00 65,000 OC 25,474 26 5 500 00 $119,600 00 $1,284,275 00 $1,030,575 00 $110,700 00 $1,141,275 00 $83,782 56 $155,000 00 $1,232,400 00 $1,077,400 00 $155,000 00 $1,232,400 00 $94,200 00 $53,226 07 $1,797,146 07 $1,738,320 00 $53,226 07 $1,791,546 07 $39,324 49 $27,000 00 $458,555 00 236,500 00 420,480 00 2,493,295 90 361,780 00 8,000 00 354,900 00 220,560 00 36,320 00 7,180 00 85,275 00 22,500 00 10,000 00 $288,355 00 150,800 00 371,840 00 479,965 90 239,680 00 1,000 00 292,900 00 144.880 00 14,060 00 5,000 00 60,000 00 $20,000 00 9,500 00 $308,355 00 160,300 00 371,840 00 479,965 90 289,680 00 1,000 00 292,900 00 153,040 00 14,050 00 5,000 00 85,275 00 $89 650 00 32,000 00 38,210 49 12,725 00 7 861 60 2,000,000 00 60,000 00 50,000 00 46,310 00 7,000 00 69 000 00 27,160 00 8,160 00 860 00 16,150 00 5,050 00 2,000 00 25,276 00 25,275 00 11,125 00 4,600 00 8 000 00 27,860 00 2,022 00 $2,163,435 00 $4,743,205 90 $2,048,470 90 $112,935 00 $2,161,405 90 $308 464 09 $69,205 00 $7,259,595 00 16,400 00 429,551 09 30,000 00 679,480 00 $6,845,780 00 13,350 00 279,570 69 $85,705 00 $6,931,485 00 13,350 00 319,381 69 15,000 00 604,000 00 $14,036 40 39,811 09 39,811 00 15,000 00 64,000 00 $96,508 80 7,000 00 11,500 00 30,000 00 108,000 00 540,000 00 $247,016 09 $8,415,026 09 $7,678,700 69 $204,516 00 $7,883,216 69 $115,008 80 939,836.40 $536,000 00 $1,073,140 00 139,500 00 71,000 00 920,428 80 132,830 00 44,859 38 $429,560 00 120,500 00 35,000 00 549,428 80 36,030 00 35,000 00 $302,000 00 16,000 00 $731,560 00 136,500 00 35,000 00 704,428 80 39,730 00 41,072 16 820 763 61 $7,200 00 36,000 00 13,550 00 291,000 00 155,000 00 3,700 00 6,072 15 214,000 00 96,800 00 32,697 10 9,859 38 13,927 85 680 Public Papers op Govebnob Sulzeb Schedule of Appbopeiations poe DEPABTMENTS AppBOPRiAnoN Made bt the Lboislatube OF 1912 General Apj)iopi'ia- tion bill Supply bill Total AfPBOFRIA Legis General Aispiojiiia- tion bill Agricultural — Continued : , ■ . , . Schoharie School o£ Agrioultnre SyracuseUniveraityj College of Forestry .State Fair Conunisaion.,., , . v.- Adviflory Board for Frpn^o^loh of Agri- , cultural Educat on ....,■. 150,000 00 33,700 00 1112,000 00 1,000 00 150,000 00 145,700 00 1,000 00 S5D,000 00 103,260 00 34,200 00 Total. Jl, 137, 058 I $607,670 71 11,744,729 51 SI, 599,558 80 Defensive: National guard Naval militia Arsenals and armories Grand Army of the Bepublic, Departr ment of New York 1556,585 00 41,600 00 S18,860 SO 13,000 00 123,606 29 2,500 BO $575,445 50 54,500 00 122,606 29 2,600 00 $611,945 00 56,550 00 Total. 1598,085 00 1156,966 79 $765,051 79 $668,495 00 Penal: Prison Department State prisons Dannemora Hospital Great Meadows Prison Matteawan Hospital . Sing Sing Prison State Farm for Women, Valatie. Prison for Women State Commission of Prisons Board of Classification , Commission on New Prisons Probation Commission . ; Bo^d of Parole Penitentiaries Transportation of convicts $38, 770, 100, 000 00 000 00 000 00 $1,041 65 37,800 00 190,000 00 000 00 000 00 400 00 700 00 11 9: 100 15 ,470 00 ,200 00 ,000 00 ,000 00 1,800 00 30,000 00 1,500 00 800 00 3,750 00 150 00 300 00 $39,041 65 807,800 00 100,000 00 1,800 00 220,000 00 1,500 00 25,000 00 26,000 00 18,200 00 1,700 00 3,750 00 11,620 00 9,500 00 100,000 00 15,000 00 $41,100 00 840,000 00 125,000 00 200,000 00 'soiooooo ■30,000 00 20,400 00 1,700 00 14,600 00 9,200 00 100,000 00 15,000 00 Total. $1,303,770 00 $1,427,000 00 Curative: State Hospital Commission. . . State Hospitals Bingham ton State Hospital. . . Buffalo State Hospital Central Ishp State Hospital. . Gowanda State Hospital Hudson River, State Hospi^. Kings Park State Hospital — . Long Island State Hospital . . . ' Manhattan State Hospital Middletown State Hospital. . . Mohansic State Hospital . ..... Rochester State Hospital. . .,. . St. Lawrence State Hospital. . Utica State Hospital Willard State Hospital $176,220 00 437,070 50 377,084 00 732,198 00 207,936 95 568,491 00 643,069 00 206,470 50 .754,616 86 375,108 00 69,090 00 295,687 50 388,407 50 318,349 36 431,412 20 Total $5,981,111 37 $11,337 70 637,750 00 449 00 5,825 90 18,942 00 35,000 00 90,000 00 $799,304 60 $187,557 70 637,750 00 437,070 60 377,084 00 732,«7 00 207,936 95 574,316 90 643,069 00 225,412 SO 754,616 375,108 00 69,090 CO 330,587 50 388,407 SO 408,349 36 431,412 20 $216,310 00 511,200 00 451,000 00 897,750 00 246,100 00 697 ,600 00 828,000 00 - 216,000 00 979,200 00 462,000 00 . 52,500 00 343,125 00 406,800 00 401,400 00 S04,000 00 $6,780, , 63,580 00 3,400 00 215,128 98 116,000 00 105,000 00 301,000 00 27,280 00 87,076 67 129,386 42 54,200 00 86,450 00 179,389 S3 134,033 11 185,000 00 49,050 00 00,021 21 38,100 00 18,000 00 107,000 00 50,380 00 34,833 16 77,350 00 2,800 00 295,000 00 Custodial Aaylum, Newark Eastern N, Y. Reformatory, Napanoch. 120,000 00 115,000 00 355,000 00 Hospital for Cripplwl and Deformed Children, West HaverBtraw 32,000 00 Hospital for Tuberculosis, Ray Brook. . . House of Refuge, Randall's Island 146,000 00 150,000 00 Letchworth Village i4,666 66 17,600 00 68,450 00 Reformatory for Women, Bedford 110,000 00 210,000 00 175,284 60 12,000 00 1,700 00 . 24,500 00 2,000 00 335,000 00 State Agricultural and Industrial School. 206,000 00 56,000 00 Syracuse Institution for Feeble-Minded Children 120,000 00 Thomas Indian School, Iroquois Training School for Boys, Yccktown Heights 44,000 00 40,000 00 Traimng School for Girls, Hudson Western House of Refuge for Women, Albion 17,174 34 3,000 00 5,200 00 132,000 00 68,000 00 Women's Relief Corps Home, Oxford . . . 45,000 00 Total 12,180,369 40 $476,477 01 $2,656,846 41 $2,878,860 00 Protective: Trustees of Public Bmldinge $1,000 00 253,350 00 580,550 00 119,020 00 10,000 00 8,526 67 40,400 00 $4,550 00 97,130 58 136,004 59 $5,550 00 350,480 58 716,654 59 119,020 00 17,121 39 8,526 67 81,281 00 20,600 00 3,500 00 1,100 00 15,720 00 12,055 00 2,300 00 1,350 00 6,730 00 600 00 10,000 00 4,350 00 3,750 00 200 00 500 00 13,500 00 9,720 00 16,000 00 $1,000 00 253,350 00 624,710 00 155,720 00 7,121 39 10,000 00 8,526 67 Niagara Reservation 40,881 00 20,500 00 50,400 00 Palisaaes Interstate Park 3,500 00 600 00 9,220 00 7,055 00 250 00 1,350 00 1,430 00 600 00 38,500 00 600 00 6,500 00 5,000 00 2,050 00 850 00 11,220 00 Fire Island Park 8,055 00 Lake George Battle Ground Park . ^ Grant Cottage 1,250 00 1,350 00 Sir William Johnson Mansion v^'. 5,300 00 1,650 00 600 00 10,000 00 1,500 00 1,060 00 Washington's Headquarters, Newburgh . PhilUpse Manor House, Yonkers Clinton House ■ 2,850 00 2,700 00 200 00 4,350 00 2,550 00 200 00 500 00 13,500 00 4,250 00 16,000 00 3,500 00 9,170 00 5,470 00 Total $1,048,071 67 $372,337 56 $1,420,409 23 $1,186,961 67 Removal PROciiEMiifGS and Investigations 683 THE Yeab 1913 — (Continued). TION DbSIRED op the LATURE or 1913 Amounts Recommended by Committee As Compared with 1912 Appropriation Supply bill Total General tion Ml Supply bill Total RECOMMENDED Increase Decrease 114,000 00 il65,260 00 1,160 00 81,8S0 00 2,800 00 323,000 00 125,000 DO 115,000 00 355,000 00 35,000 00 164,000 00 150,000 00 68,450 00 126,500 00 235,000 00 355,000 00 222,000 00 58,000 00 130,000 00 49,000 00 40,000 00 150,000 00 74,000 00 49,000 (iO $117,680 00 ' $8,000 00 750 00 4,500 00 $125,680 00 750 00 76,430 00 2,800 00 291,500 00 120,000 00 115,000 00 355,000 00 32,000 00 46,000 00 150,000 00 66,950 00 110,000 00 209,000 00 335,000 00 206,000 00 56,000 00 115,050 00 44,000 00 20,000 00 132,000 00 68,000 00 45,000 00 $12,763 07 1,160 00 400 00 4,500 00 71,930 00 5,800 00 291,500 00 120,000 00 115,000 00 355,000 00 32,000 00 ■ 46,0P0 00 15d,000 00 66,950 00 110,000 00 ■ 209,000 00 175,000 00 206,000 00 56,000 00 115,050 00 44,000 00 20,000 00 132,000 00 68,000 00 45,000 00 $5,765 00 1,100 00 28,000 00 33,871 02 5,000 00 1,000 00 7,000 00 8,500 00 3,000 00 , 3,720 00 20i6i3'58 18,000 00 81,076 67 1,250 00 16,500 00 6,050 00 29,610 17 25,682 29 9,000 00 2,250 00 528 79 3,900 00 2,000 00 7,825 66 5,620 00 4,966 82 25,000 00 20,000 00 160,000 00 16,000 00 2,000 00 10,000 00 5,000 00 18,000 00 6,000 00 4,000 00 H96,160 00 S3, 075, 020 00 $2,548,910 00 $173,250 00 $2,722,160 00 $171,403 33 $106,089 74 i3,800 00 S4,800 00 271,150 00 809,260 00 17t,824 08 10,000 00 .8,526 67 93,900 00 6,000 00 38,500 00 4,800 00 25,220 00 18,055 00 2,380 00 1,350 00 3,887 89 600 00 $2,000 00 253,350 00 450,850 00 109,020 00 4,800 00 8,226 67 41,400 00 $4,760 00 1,780 00 73,800 00 $6,750 00 255,130 00 524,650 00 109,020 00 4,800 00 8,226 67 46,400 00 $1,200 00 17,800 00 $95,350 58 184,560 OC 191,904 59 16,104 08 10 000 00 12 321 39 300 00 43,500 66 6,000 00 34,881 00 6,000 00 20,500 00 31,000 00 850 00 11,220 00 7,055 00 250 00 1,000 00 1,370 00 600 00 31,000 00 1,800 00 16,220 00 7,055 00 880 00 1,000 00 1,657 80 600 00 27,500 00 700 00 500 00 3,950 00 950 00 5,000 00 14,000 OC 10,000 00 5 000 00 1,130 00 636 66 1,420 00 350 00 2,237 89 287 89 5 072 11 10,000 00 4,350 00 5,050 00 3,200 00 4,350 00 1,800 00 200 00 4,360 66 2,600 00 3,200 00 2,500 00 700 00 3,000 00 1,250 00 3,000 00 3,000 00 500 00 8,800 00 12,300 00 26,500 00 9,000 00 1,500 00 7,070 00 2,500 00 6,150 00 7,500 00 4,000 00 13,220 00 7,500 00 9,500 00 17,330 00 3,500 00 9 000 00 8 500 00 $343,701 97 (1,530,653 64 $937,911 67 $112,047 89 $1,049,959 56 $36,400 00 $406,849 67 684 Public Papebs of Goveenor Sulzee Schedule of Appeopeiations fob Approprution Made by the Lbgislatdhe OP 1912 aphropria Lbois DEPARTMENTS General Supply bill Total General tion bill CoDfltructive: Engineer and Surveyor Architect Public Works Department $36,990 00 120,890 00 1,000 00 63,950 00 $20,115 00 7,500 00 6,249 96 5,000 00 $67,105 00 128,390 00 7,249 95 68,950 00 $37,345 00 173,080 00 1,000 00 73,800 00 Total $222,830 00 $38,864 95 $261,694 95 $285,226 00 Genetal: $214,960 00 416,840 00 $28,163 33 22,960 00 1,000 00 6,376 71 $243,103 33 439,790 00 1,000 00 5,376 71 15,000 00 226,000 00 140 00 $221,590 00 440,780 00 Stationery 16,000 00 176,000 00 15,000 00 60,000 00 140 00 Refund Martin B Hosier Total $821,790 00 $107,620 04 $929,410 04 $677,370 00 SUMMART $65,990 00 1,102,145 00 1,077,400 00 1,739,185 00 2,262,932 60 7,597,774 89 1,137,058 80 598,086 00 1,303,770 00 5,981,111 37 2,180,369 40 l;048,071 67 222,830 00 821,790 00 $36,963 90 122,912 66 249,200 00 91,685 56 216,937 49 210,269 40 607,670 71 156,966 79 77,141 65 799,304 60 476,477 01 372,337 56 38,864 95 107,620 04 $102,963 90 1,225,057 56 1,326,600 00 1,830,870 66 2,469,869 99 7,808,044 29 1,744,729 51 765,061 79 1,380,911 65 6,780,415 97 2,656,846 41 1,420,409 23 261,694 96 929,410 04 (Recapit $67,290 00 1,164,675 00 1,077,400 00 1,743,920 00 2,579,770 90 8,168,010 00 Agricultural 1,599,658 80 Defensive 668,495 00 1,427,000 00 7,212,885 00 2,878,860 00 1,186,951 67 285,226 00 General 677,370 00 Total $27,128,513 63 $3,564,352 22 $30,692,866 86 $30,737,411 37 BsMOVAii Proceedings and Investigations 685 THE Yeab 1913 — (Concluded) nOK DPBIBBD or THE UTniiii OF 1913 Amounts Rkcommendbd by Committee As COMPAKED WITH 1912 AppROPHTATION Supply bUl Totsl General Appropria- tion bill Supply bill Total RECOMMENDED Increase Decrease 123,600 00 $60,845 00 185,880 00 H,550 00 73,800 00 $37,345 00 113,910 00 1,000 00 57,960 00 $18,500 00 $55,845 00 113,910 00 1,550 00 57,950 00 $1,260 00 12,800 00 14,480 00 10,660 00 550 00 5,699 95 11,000 00 $46,850 00 $332,075 00 $210,205 00 $19,050 00 $220,255 00 $32,439 95 , $221,590 00 440,780 00 2,500 00 1,000 00 15,000 00 $216,090 00 330,444 70 $216,090 00 361,584 70 2,500 00 1,000 00 16,000 00 $27,013 33 $31,140 00 2,500 00 1,000 00 78,205 30 $2,500 00 $1,500 00 1,000 00 4,376 71 is, 666 66 225,000 00 140 00 $3,600 00 $680,870 00 $561,634 70 $34,640 00 $596,174 70 $1,600 00 $334,735 34 TTIATIOH) $25,300 00 119,600 00 155,000 00 53,226 07 2,163,435 00 247,016 09 1.401,759-88 281,699 81 73,400 00 839,194 54 196,160 00 • 343,701 97 46,850 00 3,500 00 1,284, 1,232 1,797 4,743 8,415 3,001 050 1,600 8,052; 3,075 1,530 590 00 276 00 400 00 146 07 205 90 026 09 318 18 094 81 400 00 ,079 54 020 00 653 64 075 00 ,870 00 $72,460 00 1,030,575 00 1,077,400 00 1,738,320 00 2,048,470 90 7,678,700 69 1,286,218 80 601,695 00 1,101,870 00 6,606,930 00 2,548,910 00 937,911 67 210,205 00 561,534-70 $30,074 16 110,700 00 155,000 00. 53,226 07 112,935 00 204,516 00 556,772 15 172,512 48 80,260 00 604,550 00 173,250 00 112,047 19,050 00 34,640 00 $102, 1,141, 1,232, 1,791, 2,161, 7,883, 1,842, 774, 1,182, 7,211, 2,722, 1,049, 534 16 275 00 400 00 546 07 405 90 216 69 990 95 207 48 120 00 480 00 .160 00 969 56 255 00 174 70 $115,008 80 221,200 00 21,761 98 20,500 00 589,757 09 171,403 33 36,400 00 1,600 00 $419 74 83,782 56 94,200 00 39,324 49 308,464 09 39,836 40 122,938 56 2,606 29 219,291 65 158,693 06 106,089 74 406,849 67 32,439 95 334,735 34 $5,949,742 86 $36,687,154 23 $27,501,201 76 $2,419,523 75.$29,920,725 51 $1,177,531 20 $1,949,671 54 686 Public Papebs of Governor Sulzsib;! Statements of Appeopeiations Eecommended by Committee of Inquiey Total amount asked for in budget, 1913. ....... $63,817,123 94 Amount recommended by Committee 41,110,334 51 Reduction of estimates recommended by Committee $22,706,789 43 Total appropriations, 1912 $52,366,582 35 Total appropriations recommended by Com- mittee, 1913 41,110,334 51 Total savings in appropriations as com- pared with 1912. $11,256,247 84 Appropriations 1912 1913 Appropriation Bill $27,128,513 63 $27,501,20176 Supply Bill 3,564,352 22 2,419,523 75 Special Bill 13,579,171 01 Est. 10,000,000 00 $44,272,036 86 $39,920,725 51 Contributions payable to canal fund 1,286,562 00 1,060,109- 00 $45,558,598 86 $40,980,834 51 Canal debt sinking fund 4,442,263 33 Highway debt sinking fund.. 2,077,832 84 Palisade Interstate Park sink- ing fund 137,787 32 Saratoga Springs State Res- ervation fund 150,100 00 129,500 00 Totals $52,366,582 35 $41,110,334 51 The Appropriation and Supply Bill items recom- mended by the Committee show a reduction in eighty departments, bureaus and offices, compared with the 1912 appropriations of $1,949,671.54. On account of Removal PboceedingSs and ; Investigations 687 tlie increase in the number of inmates in the hospitals and charitable , institutiojjs, .arbitrary increases in wages, due to legislation of 1912, and deficiencies in- curred in 1912, the expenses of these hospitals and charitable institutions -feave increased $761,160.^2. Various other departments and institutions, including Agriculture, Agricultural Schools, Care of the Blind, Deaf and Dumb, National Guard deficiency, Educa- tional Building arid Normal Schools show a further increase this year of $416,370.78, making the total in- crease in these institutions and departments. over the appropriations of 1912 of $1,177,531.20. The net re- duction, therefore, in the recommended appropriations for 1913,' aS: compared with the actual, appropriations for 1912 in lihe Appropriation and Supply Bill, amount to' $772,140.34.- ' \ ' , ' Departments, Commissions and Bureaus of the State The figures in relation to each of the Departments and Bureaus of the State will be handled so far as their receipts and expenditures of moneys are con- cerned along the following general lines : The appropriations for these Departments in the year 1912; the amounts asked for in 1913; and the amounts recommended by the Committee. We had intended to go back to the year 1905 as a basis for comparison, but after beginning our work we found that there have been so many changes, caused by the organization of- new departments, the. taking of work from one department and placing it upon another, and the increased duties devolving upon each department, that such a comparison would bo misleading and of no value whatever. 688 Public Papers of Governor Sulzer executive department The appropriations for the year 1912 werfi: Appropriation bill $65,990 00 Supply bill 36,963 90 Total : $102,953 90 Amount asked for in 1913 : Appropriation bill $67',290 00 Supply bill 25,300 00 Total $92,590 00 After Your Excellency took office it became ap- parent that it w^as necessary, in order to properly audit the enormous amounts expended for repairs upon the State Capitol (the vouchers for which you are required to sign), that an Executive Auditor should be appointed who would relieve you of the necessity of examining into the vouchers submitted for your signature, as one of the members of the Board of Trustees of Public Buildings. Practically all the work upon the Capitol is done under percentage contracts, which require careful inspection of the pay- rolls and the bills for materials used, and these items run into very large figures. It was of course impos- sible for you to even superficially examine those de- tailed figures, and yet your approval of these bills was required officially before they could be paid by the Comptroller. We therefore recommended, and you appointed, an Executive Auditor, Avhich created a new official, but one absolutely necessary to make certain that the taxpayers be protected against excessive ex- penditure of the public funds. Outside of the question Removal Proceedings and Investigations 689 of an official auditor, the duties of employees in the office of the Governor have been rearranged so that the cost to the State of conducting your department for the coming year in the Appropriation and Supply Bill will not exceed the sum of $95,534.16y' which is a saving of $7,419.74 over the amount appropriated in l912. SECBBTAEY OF STATE The appropriations for the year 1912 were : Appropriation bill , $323,400 00 Supply bill .1 2,508 30 Total $325,908 30 Amount asked, for in 1913: Appropriation bill , . . $336,400 00 Supply bill 2,500 00 Total $338,900 OO The collection of the motor vehicle tax, which is im- posed by law upon the office of the Secretary of State, has necessarily resulted in a large increase in the office force and expense connected with the adminis- tration of this office. The appropriation bill in 1912 contained items amounting to $214,460 in connection with the Motor Vehicle Bureau, but this included items for number plates, $42,000'; chauffeurs' badges, $5,000; and re- funds, $500 ; a total for these items of $47,500. The total amount collected by this Department in the year 1912 from the motor vehicle tax was $1,053,762.25, which netted the State, Ip'ss exp^iises in collecting the same, $854,374.11. 690 Public Papers of Goveknoe Sulzeb Upon its face this seems to be a very large amount for the collection of this tax. A number of sug- gestions have been made that the tax should be col-, lected in the future in somewhat different manner, so that the expense of collection be reduced, and also that the owners of motor vehicles may pay the tax in their home localities to avoid delay and inconvenience. Your Committee is of the opinion that this tax should be collected either through, the Highway De- partment, to whom the revenues accrue for the mainte- nance of roadsj or, if it is still to be collected by the Secretary of State, that the collections in the interior of the State should be made through the county clerks of the different counties. The payment of a small percentage of the tax, not to exceed 2 per cent., to the county clerks, would recompense them, and ought to reduce the number of employees now maintained at headquarters. We are of the opinion, however, tha;t the proper and best method of collecting the automobile tax would be through the Highway Department. The new highway law creates nine divisions outside of the city of New York (where a separate bureau would probably have to be maintained), and the automobile tax could be collected through the different division engineer head- quarters of the Highway Department. We believe that if this work of collecting the auto- mobile tax is conferred upon the Highway Depart- ment, it will place that departnient in closer touch with the owners of automobiles, and that, in a sense, the entire highway force will be interested in collect- ing the largest revenues possible, to the end that suffi- cient funds may be provided for proper maintenance of the roads. In addition, the large force of inspectors Eemqval Proceedings and Investigations 691 and men at work upon all the different roads of the State can be made an effective agency to enforce the license law, and to protect the roads and the travelers thereon by insisting upon the rigid observance of all laws relating to the operation of motor vehicles.' The Secretary of State has special bills pending which provide for an appropriation of $90,000, to pay inspectors. We believe that the work can be done by the Department of Highways without much additional expense, and with much more efficiency than any pro- posed system that can be established under the Secre- tary of State. We believe that the sum of $283,700 is sufficient to run this department for the next fiscal year, which is a saving of $42,208,30 over the amount appropriated in 1912. comptrollek The appropriations for the year 1912 were : Appropriation bill $426,075 00 Supply bill 44,550 00 Total . $470,625 00 Amount asked for in 1913 : Appropriation bill $477,425 00 Supply bill 51,600 00 Total , $529,025 00 The Legislature each year has placed a large volume of additional work upon the Comptroller's office, and in the year 1912 it imposed the additional duty of ex- amining the accounts of all the town and village offi- cials in the State, in addition to what was formerly required in the examination of the counties and cities. 692 Public Papees op Gtovernob Sulzeb The Legislature has also discontinued the office of the commissioners for loaning the moneys of the State and centered all of the work in the Comptroller's office. In addition, the work in the office in connection with the Corporation Tax Bureau, court and trust funds, and transfer tax, is gradually increasing, and we have proposed legislation this year requiring the Comptroller to audit all the accounts paid out of State funds. Under the present law the Comptroller's power of audit is limited to less than one-fourth of the expenditures of the State departments, and it should be extended to cover, all funds. In view of the fact that this increased work has been put upon this office, and the increased work wMch it is fair to anticipate will be placed upon it, we believe that the Comp- troller's estimates for this year are as small as can be expected, and that the sum of $522,325 should be al- lowed therefor, an increase of $51,700 over 1912. STATE TEEASUEEE The appropriations for the year 1912 were: Appropriation bill $33,900 00 Supply bill 4,000 00 Total $37,900 00 Amount asked for in 1913: Appropriation bill $35,900 00 Supply bill 500 00 Total $36,400 00 With the natural increase of the work, and the fact that this Department shows a decrease in expendi- Removal Proceedings and iNtESTiSATloNS 693 tures of $1,500, compared with 1912, we believe that it is being conducted as efficiently and as economically as possible. ATTOBNEY-GENERAL The appropriations for the year 1912 were : Appropriation bill $246,210 00 Supply bill 69,254 26 Total $315,464 26 Amount asked for in 1913 : Appropriation bill $239,990 00 Supply bill 65,000 00 Total $304,99p 00 We have carefully examined these figures and be- lieve that the sum of $289,990 will be sufficient to main- tain this Department for the coming year, a saving over the year 1912 of $25,474.26. ' The work of the Attorney-General's office has in- creased very materially during the term of the present incumbent, due to the fact that the office has taken over a larger amount of work for which special couii- sel was formerly employed, and to addition^,!, duties connected with the investigation of titles. It is oup opinion that this Department is now being .admjflis- tered at the least possible cost. The wisdom of the policy of dispensing with the services of special, eouij- sel has been demonstrated by a large saving of. un- necessary expenditures, combined with much greater efficiency in the transaction of .the legal business of the State. 694 Public Papers op .Gtovbenoe Sudzeb excise department The appropriations for the year 1912 were: Appropriation bill $370,505 00 Supply bill 27,500 00 Total $398,005 00 Amount asked for in 1913 : Appropriation bill $431,555 00 Supply bill ; . . . . 27,000 00 Total . $458,555 00 Increase asked over 1912 $60,550 OO This increase was for $40,000 additional for special agents and $20,000 additional for legal expenses. This Department had a large amount of unexpended bal- ances on hand, and we were of the opinion that the additional excise inspectors and the additional legal expenses should not be allowed. Taking into considera- tion the unexpended balances, if this Department is allowed $308,355 it will have funds sufficient to run the Department economically and effectively during the fiscal years of 1913-1914, a decrease over 1912 of $89,650. In 1912 the cost of this Department for legal ex- penses was $73,585.78, and the amount asked for this year is $90,000. This Department is now the only one in the State which has a numerous legal staff. Work of similar character in the Agricultural Department and the Conservation Department is carried on by the Attorney-General, and that official is of the opinion that he could effect a large saving if this work was assigned to his office. Removal Peocebdikgs and Investigations 695 public service commissions First District Under the statute the only expense to the State in connection with the First District Public Service Com- mission, is for the salaries o-f the commissioners, their secretary and legal counsel, amounting in all to $91,000, the balance of the cost being paid by the city of New York. The salary list, of course, is fixed by statute. Second District The appropriations for the year 1912 were : Appropriation bill $3138,827 50 Supply bill 8,000 00 • Total $396,827 50 Amount asked for in 1913 : A-ppropriation bill $402,295 90 Supply bill Total . . $402,295 90 We have carefully gone over these figures and in our opinion the sum of $388,965.90, a saving over 1912 of $7,861.60, is sufficient to carry on this Department for the ensuing fiscal year. Each of these Departments asks for a very large amount of money for the elimination of grade cross- ings, the demand of the First Department being $1,500,000, and the Second Department, $500,000, a total of $2,000,000. The cost to the State of eliminating grade crossings is very large, and the State can prop- erly make almost any appropriation within reason, as the grade crossing eliminations under the present law practically await State aid before they are undertaken. 696 Public Papers of Gtoveenob Sulzek The State will soon have to face the proposition of having some uniformity, in regard to its method of handling the elimination of grade crossings. In the past, legislatures have made appropriations of differ- ent amounts, and in a number of years have made no appropriations whatever, and instead of the number of grade crossings being lessened, they are necessarily, on account of the construction of new roads, increasing in number. The entire Grade Crossing Law should be revised and rewritten, and some provision should be made requiring the railroads, at their own expense, to eliminate a certain number of grade crossings each year. This has been done in other States, particularly in Connecticut, Vermont, and in a number of the west- ern States, and similar legislation should be enacted here. In view of the condition of the State 's finances we recommend the sum of $300,000 only be allowed each district, and that a special bill be enacted pro- viding that sum. HEALTH OFFIOEK OF THE PORT OF NEW YORK The appropriations for the year 1912 were : Appropriation bill $245,740 00 Supply bill 90,250 00 Total $335,990 00 Amount asked for in 1913 : Appropriation bill $311,780 00 Supply biU 50,000 00 Special bills 1,953,000 00 Tota;l $2,314,780 00 The health officer of the Port of New York testified before our Committee that the buildings now owned by Removal Pkocebdings and Investigations 697 the State of New York on Swinburne and Hoffman islands, in New York harbor, were in need of very ex- tensive repairs, that new buildings are needed and that it would cost approximately $2,000,000 to put»this quarantine station in proper condition. He also asked for a large increase in his maintenance items. We are of the opinion that no moneys whatever should be expended this year for new buildings, and therefore that all the items in the special bill should be disallowed. We are also of the opinion that the sum of $289,680 will be sufficient for the maintenance of this Depart- ment during the next fiscal year, a decrease over 1912 of $46,810. Upon the hearing the health officer further testified that in his opinion the foes charged for inspec- tions and fumigation of incoming vessels are too small, and, at our request, he submitted to us a schedule of higher fees w'hich he estimated would result in increas- ing the revenues from $105,789.73 to ,$205,509.46. We have heretofore approved these recommendations for increased charges, and have prepared and submitted to the Legislature a bill authorizing this change. CIVIL SERVICE COMMISSION The appropriations for the year 1912 were: Appropriation bill $59,060 00 Supply bill 2,600 00 Total $61,660 00 Amount asked for in 1913 : Appropriation bill $61,460 00 An increase of one new employee at a sala,ry of $2,400 was asked for by the State Civil Service Com- 698 Public Papers ov Gtoveenob Sitlkeb ■ mission, but we do not believe* that this employee is necessary at the present time. In our opinion the sum of $56,160 is sufficient to maintain this Department, which is $5,500 less than the appropriation of 1912. COMMISSION ON UNIFORM STATE LAWS The appropriation for this Department in the year 1912 was $2,500 and the; amount asked for this year is $5,000. We do not know of any reason why this appro- priation should be increased, and recommend that there be allowed only the sum of $2,500. HEALTH DEPARTMENT The appropriations for the year 1912 were : Appropriation bill $182,420 00 Supply bill 16,090 49 Total $198,510 49 Amount asked for in 1913: Appropriation bill $204,500 00 Supply bill 32,000 00 Total $236,500 00 We recommend that the amount of $160,300 be al- lowed, a decrease from the 1912 appropriation of $38,210.49. LABOR DEPARTMENT The appropriations for the year 1912 were :. Appropriation bill $380,140 00 Supply bill 4,425 00 Special bill 2,850 00 Total ; $387,415 00 Ebmoval Pkoceedings and Investigations 699 On aeeount of the new legislation reJorganizing this Department which has been introduced and undoubt- edly will become law, a great amount of additional work will be committed to the Department and»this Avill require a reorganization of its force. We would recommend that a sufficient amount of money, outside of the salaries named in the bill, be allowed this year in the supply bill, instead of putting the same in the different graded lists, so that the Department will have a right to reorganize itself upon a proper basis, and in next year's appropriation bill the items can be intelligently classified. The amounts recommended by us this year are $371,840, a decrease of $15,575 over 1912. DEPARTMENT OF PUBLIC WORKS Steam Vessels Inspection Under the provisions of the Navigation Law there are now appointed two inspectors of steam vessels at' a salary of $3,000 each, together with $1,000' each for traveling expenses, making a total appropriation of $8,000. While there are several vessels upon the inland waters of the State that are not inspected by the Fed- eral G-oVernment, which probably require inspection by State officials, yet the number of these vessels is so small that the work could be done by one person, and he should be paid out of the fees collected by him. Our recommendation is that the number of inspectors be reduced to one ; that the items in the appropriation bill be cut out, and that the law be amended so as to provide that the inspector shall have right to retain feies to the amount of $4,000, of which amount $3,000 shall be for salary, $1^000 for necessary expenses, and the balance of said money shall be turned over by him 700 Public Papers of Governor Sulzer to the Comptroller of tlie State. This will result in a saving of $8,000 over the appropriation of 1912. SUPERINTENDENT OF ELECTIONS The appropriations for the year 1912 were: Appropriation bill $349,900 00 Supply bill 2,000 00 Total $351,900 00 Amount asked for in 1913 : Appropriation bill $354,900 00 There was a large amount of unexpended balances in the funds of this Department at the close of the last year, and we are of the opinion that the sum of $292,900 will be sufficient to economically and efficiently run the Department for the next fiscal year. This is a decrease from, the 1912 appropriations of $59,000. The law under which this Department is working is practically new. For many years each Legislature vied with its predecessor in inventing new restrictions upon the right to vote in the city of New York. The Legislature of 1910 enacted a uniform election law which extended most of these restrictions to the up- State districts. It has been disclosed in our exam- ination .that there is considerable opposition to the restrictive provisions qf the present Election Law, and also to certain expenses for printing and advertising which it puts upon localities. Wliile we believe firmly that all provisions, and requirements of the Election Law ought to be unif orai throughout the State, we hold that it is better public, policy to repeal the un- reasonable restrictions placed upon the voters of the city of New York, than to extend these restrictions to other voters. Removai, Pbooebdings and Investigations 701 Tliere are now pending in the Legislature certain amendments to the Election Law, reducing the cost to up-State counties, which we thoroughly approve, and the passage of which we recommend. TAX COMMISSIONERS The appropriations for the year 1912 were : Appropriation bill $138,400 00 Supply bill 15,500 00 Total $153,900 00 Amount asked for in 1913 : Appropriation bill $193,400 00 Supply bill 27,160 00 Total r. . $220,560 00 The work of this Department has been increasing. We have gone carefully over the figures of the Tax Commissioners and we believe it is necessary to allow this Department this year the sum of $223,240, being an increase oyer the year 1912 of $69,340. There were twenty-three amendments to the Tax Law passed in 1911, most of which became operative in 1912, imposing additional duties upon the Board. Three of these provide for establishing tax maps in 926 towns; collecting and revising tables of percent- age from all boards of supervisors; and equalizing special franchise valuations. Besides these new duties, the Board has general supervision over local assessing officers; is a board of review in county equalization matters; is charged with the enforcement of the Mort- gage Tax Law; and is required to furnish blanks, advice and instruction to the assessing officers in 49 cities, 455 villages and 926 towns. 702 Public Papers of Gtoveenob Sulzbe The duty of equalizing special franchises is the most important branch of the Department, as the Board must ascertain the rate of assessment of real property in every city, town and village in the State, amounting to 1,430 tax districts in all. In 1912 there were 8,193 valuations made. WEIGHTS AND MEASUKES DEPAETMENT The appropriations for the year 1912 were : Appropriation bill , $26,200 00 Supply bill ; 4,000 00 J . ^ . Total $30,200 00 Amount asked for in 1913 : Appropriation bill $36,320 00 This Department originally cost the State the sum of only $300 per year, but since the advent of the pres- ent incumbent has gradually increased its f orce,^. until it now consists of a superintendent, two deputies, two special deputies and ten other employees, and this year asks for an appropriation of $36,320. We believe that this Department has become expen- sive out of propprtion to its usefulness. Every city and county in the State has its own sealer of weights and measures. The duty of enforcing the laws estab- lishing standard weights and measures, and of prose- cuting violators of those laws, is imposed upon these city and county officials, and the power of the State Department is limited to a general supervision of their work. Tiie principal duties of the traveling inspectors of this Department appear, from the testimony of the Removal Peooeedings and Investigations 703 Superintendent of Weights and Measures, to be in instructing local officials in their duties, rendering theija as^sistance when disputes arise over the accuracy of , the , standards, and advising how to get evidence against violators, besides which considerable corre- spondence is handled in the office. The proposition that the laws against the use of fraudulent weights and measures should be rigidly enforced is agreed to by every one, and that great im- provement in conditions has resulted in recent years from the agitation of this subject must also be con- ceded, but we belieye that the correct policy of the State would be to hold local authorities strictly respon - sible for the perforniance of their duties, rather than to maintain large and expensive State bureaus first to instruct them and then to watch them while at work. We recommend that the sum of $14,050 be allowed this year, a decrease over 1912 of $16,150. STATE ATHLETIC COMMISSION The appropriations for the year 1912 were : Appropriation bill $7,300 00 Supply bill 2,750 00 Total . . $10,050 00 The act creating this Department expressly pro- vides that the expense of administration shall not ex- ceed the sum of $5,000 per year, and the appropria- tions last year were in excess of the amount fixed by the statute. The fees collected last year were con- siderably in excess of the statutory allowance, but unless the act is amended the sum of $5,000 is all that can be appropriated, a decrease of $5,050 over 1912. 704 Public Papers of Goveknok Sulzeb institute fob the study of malignant diseases The state has erected a building in the city of Buf- falo for the use of the " Institute for the Study of Cancer and Malignant Diseases," and the building erected under the appropriation of 1912 is now nearly completed. It is necessary, of course, that this build- ing shall be finished, its equipment installed and its maintenance provided for. This will require an appro- priation this year of $85,275, as against appropriations last year of $96,400. While this institution does effective work, and its object is commendable, it should never have received an endowment of State funds, and it is another exam- ple of the careless way in which burdens bave been heaped upon our taxpayers. THE BOAED OF EXAMINEES OF FEEBLE-MINDED CEIMINALS AND OTHEE DEFECTIVES By chapter 445 of the Laws of 1912, this Board was created for the purpose of making an examination of feeble-minded criminals, and other defectives, arid it has very important and enlarged powers. In our opinion, this is an experiment on which the State should never have entered. It is one of many classes of work that is being continually urged on the State, involving large expenditures of money. This policy, if continued, will eventually bankrupt the State. As this Board has not yet received any appropriation for its work, we believe that this is the right time to stop and that the act should be repealed. BOAED OF POET WAEDENS OF THE STATE OP NEW YOEK This Board, consisting of nine members, appointed by the Grovernor, has cognizance of certain matters Remoyax. Proceedings and Investigations 705 connected with vessels arriving at the port of New York. Their compensation is provided for by fees col- lected from ship-owners. The State ought not to be called upon to make any specific appropriation. We, therefore, recommend that none be allowed. . INTERSTATE BRIDGE COMMISSION In the proposed appropriation bill this Commission asks for the sum of $27,860. A special bill, however, has been introduced to provide for their expenses in connection with the work for the interstate bridge, and we recommend that this item be taken out of the appro- priation bill. EDUCATIONAL In the Comptroller's tabulation of appropriations for education purposes there are included amounts for the Department of Education, the maintenance of the School of Ceramics at Alfred University, and for the su;pport and instruction of the blind, deaf and dumb in various institutions. The total appropria- tions in 1912 for these three, subdivisions were : Department of Education and Normal Schools, : Appropriation bill $7,392,440 00 Supply bill 153,581 40 Special bills (including amounts for completion of building and pureha,se of books for library) . 1,588,000 00 Support and, Instruction of Blind, Deaf andDui(nb : Appropriation bill $191,984 ,89 Supply bill 30,888 00. 23 9,134,021 40 222,872 89 706 Public Papers or Goveenoe Sulzer School of Ceramics at Alfred University : Appropriation bill $13,350 00 Supply bill 25,800 $39,150 00 Total ; $9,396,044 29 The amounts asked for in 1913 are : Department of Education and Normal Schools: Appropriation bills $7,761,870' 00 Supply bill 207,205 00 Special bills 730,000 00 $8,699,075 OO Support and Instruction of Blind, Deaf and Dumb : Appropriation bill $389,740 00 Supply bill 39,811 09 429,551 09 School of Ceramics at Alfred University : Appropriation bill 16,400 00 Total $9,145,026 09 Included in the schedule of appropriations requested by the Department of Education this year is a special bill providing $700,000 for the purchase of books for the State Library. Inasmuch as a large part of the amount appropri- ated last year was not expended, and there is now stored in the basement of the new Education Building, a considerable portion of the books that were pur- chased, we believe that the sum of $100,000 will be a sufficient sum to appropriate this year to provide all the new books the library force can properly care for. If our recommendation is approved by the Legislature, the reduction in this item will, therefore, be $600,000. Your Committee recommends that the following Removal Proceedings and Investigations 707 appropriations of funds will be sufficient during the coming year : Department of Education and Normal Schools': Appropriation bill . . ..' $7,385,780 00 Supply ■ bill ........ I ■. 164,705 00 Special bills 130,000 00 $7,680,486 00 Support and Instruction of Blind, Deaf and Dumb : Appropriation bill $279,570 69 Supply bill, ; 39,81100 - 319,38169 School of Ceramics at Alfred University .■ , Appropriation bill 13,500 00 Total $8,013,366 69 Your Committee could not in the very brief time at its disposal make an exhaustive examination of the numerous branches of work conducted by the Depart- ment of Education. Our Chief Examiner was allowed by the Committee only a few days to superficially in- quire into the general plan of administration, in which task he was afforded generous assistance by the officials of the Department, but we realized that a thorough examination would require several months and, there- fore, went only far enough to enable us to understand the purpose of the various divisions, so as to intelli- gently consider and decide upon the lowest- amount necessary to be appropriated. The Committee itself also made an inspection of the new Education Building, conducted public hearings and had many conferences with officials of the Depart- ment this year. As a result of such examination as we have made, we are of the opinion that a thorough investigation 708 Public Papebs of Gtoveenor Sulzbb skould loe 'made to deterriiine the value of several ex- pensive features of the work, generally established by special acts of the Legislature, and the propriety of such work being borne by the State ; and also to ascer- tain if it is not possible to utilize the information stored in some of the technical divisions for the benefit of other departments. The whole subject of the educational work is so important to the people that we do not believe it should be dealt with in a superficial wa,y, and, therefore, we refrain from making any specific recommendations and merely confine ourselves to the suggestion that the pro- posed examination be made. AGEICULTUKE , The efforts and expenditures of the State to improve agricultural conditions should properly be classified in two divisions, namely, protective and: educational. The protective division now embraces the dijities and expenditures of the Department of Agriculture, which also includes such, educational features as Farmers ' Institutes, Farm Bureaus, local county fairs that re- ceive State funds and partial responsibility for the management of the State Fair at Syracuse. In this division should also be put; the Agricultural Experi- ment Station at Geneva. . The educational division embraces the activities and expenditures of the New York State College of Agri- culture at Cornell, and the secondairy schools of agri- culture at Alfred University, St. Lawrence University, Morrisville, Cobleskill and Long Island. Under this head also may be considered the various efforts to promote the study and practice of scientific foriestry, which engages the attiention of the State College of Removal PKocEEDinrGS and Investigations 709 Agriculture at Cornell, the State College of Forestry at Syracuse University, and the Conservation Com- mission. The total expenditures for all of these subjects dui-ing the year 1912 were as follows: ♦ Appropriation 'bill $1,137,058 80 Supply bill 607,670 71 Special bills . . i ...;..;. .<.. 887,000 00 Total . . $2,631,729 51 AmQuifts asked for in 1913 : Appropriation bill $1,599,558 80 Supply bill 1,401,759 38 Special bills 421,000 00 Total .'..:■. $3,422,318 18 In order to properly present the different activities in this lin« of work it is necessary to discuss them under their separate heads. Agricultural Department The appropriations for the year 1912 were : Appropriation bill $479,000 00 Supply biU 273,323 61 Special bills , 200,000 00 Total . . $952,323 61 Amounts asked for in 1913: Appropriation bill $53'7,140 00 Stipply bill 536,000 00 Total . . $1,073,140 00 710 Public Papers of Gtoveenoe Sulzee We have carefully gone over these figures with the Commissioner, and believe that the sum of $731,560 will be sufficient to carry on the work of this Depart- ment for the coming year, ar decrease from 1912 in the Appropriation and Supply Bills of; $20,763.61. The specific items connected with these matters will be dis- cussed later on. This Department has to do primarily with the en- forcement of the laws relating to agriculture; dis- eases of animals; production and marketing of dairy, products; sanitary conditions under which they are produced; inspection of all nurseries and nursery stock; enforcenient of the pure food laws and of the laws against the fraudulent sale of oleornargarine ; and the inspection, branding and analysis of manu- factured cattle feeding stuff and chemical fertilizers. The organization of the Department at present in- cludes a first assistant commissioner and seven other assistant commissioners, located in separate offices in different parts of the State. After investigation, we believe that some of these offices are unnecessary, and that four deputy commissioners would do all the work. The Commissioner of Agriculture has prepared legis- lation that will permit him to make the reductions we suggest and we recommend that it be passed. The inspection, analysis and branding of fertilizers and chemical feeding stuff, and the inspection of nursery stock, involves a large expense. The Com- missioner of Agriculture has recommended legislation, increasing the fees to be charged for this service, and this, with other revenues suggested by him, will make his Department practically self-sustaining, and we ap- prove this legislation. Among the important matters confided to the De- partment of Agriculture is the examination of cattle Removal Proceedings and Investigations 711 for tuberculosis, and of horses for glanders^ and the destruction of animals afflicted with these diseases. The State pays the owners of tubercular cattle and glandered horses thus destroyed from 50 to 80 per cent, of their appraised value. This payment has«now become a large item of expense, amounting to $250,000 last year, and the whole subject is a difficult one for the Department to handle. The Committee carefully considered the matter with the Commissioner, and it appears plain to us that, for the protection of humanity, as well as healthy animals, the inspection must be extended and diseased animals must be de- stroyed. Since protection to life is the necessity, it seems to us that the State should not be required to pay a penalty for removing a menace to life. It is conceded that cattle completely infected with tuber- culosis produce infected milk and diseased offspring and are, therefore, valueless to the owner, and it is also conceded that horses infected with glanders are with- out value to the owner. In our opinion no compensa- tion should be made by the State when such animals are destroyed. It appears, however, that cattle in which the disease is localized to only one organ do produce healthy offspring and thus have a value. The Commissioner advised that it would be too radical, a change to completely abolish all payments, and, there- fore, we recommend that the law be changed so that in future the payment for cattle having generalized tuberculosis be reduced to $15 for each animal, the payment for cattle having only localized tuberculosis be continued as at present, and the payment for glandered horses be discontinued entirely. We rec- ommend the passage of the amendments to the law prepared and sent to the Legislature by the Commis- sioner of Agriculture at our request. 712 Public Papers of Gtovernor Sxjlzbr The State for several years has made an appropria- tion of $250,000 which has been distributed among certain fair associations of the State. Formerly the receipts of the racing associations were used for that purpose, but upon the repeal of that law, the State ap- propriations came into existence. We believe that the time has come when these appropriations should cease. Section 9 of article 8 of the Constitution provides, that " neither the credit nor the money of the State shall be given or loaned to or in aid of any association, cor- poration, or private undertaking. ' ' The State now is expending a large amount of money in connection with its State Fair, and localities should be made to take care of their own local fairs and should not receive State aid. These payments to private fair associa- tions seem to be plainly forbidden by the provisions of the Constitution as long as the associations are private corporations, as at present, and in addition it is clearly inequitable to ask the State as a whole to pay for in- stitutions purely local in their character. We do not desire in any way to discredit the good work undertaken by county fair associations;, but the provision of the Constitution we have quoted was ex- pressly designed to prevent the distribution of State funds to such private enterprises, and its rigid en- forcement is absolutely neeessary to prevent the tax upon the people rising higher every year. It will be necessary this year to appropriate $250,000 to reim- burse fair associations for premiums paid by them in the fall of 1912, with the understanding that they would be reimbursed; but we recommend that the law should be changed so that all appropriations for this purpose be discontinued. For a great many years the Agricultural Depart- ment has had appropriations for the holding of farm- Removal Peoceebings' and Investigations 7 13 ers' institutes, which, are purely educational in their character, and are properly included' in the extension work in agriculture. A proper division of the func- tions connected with the agricultural interests of the State should simply impose upon the Commissioner of Agriculture the enforcement of the agricultural laws, and we do not believe that in the future .any work in regard to teaching or extension work should be undier- taken by his Department. We therefore recommend that appropriations for farmers' institutes under the protection of the Commissioner of Agriculture should cease. The present Commissioner of Agriculture has made important recommendations to us along other lines of work, and we believe that a reorganization of his De- partment as he suggests will produce economy, create revenue and bring the Department to a higher standi ard of efficiency, and we recommend that the legisla- tion proposed by him be enacted into law. New York State College of AgricuUnre at, Cornell University This college is one of the land grant colleges of the country, established^ under the provisions of the Mor- rill Land Grrant Act, and is supported by the State government, and also receives some support from the national government, and is designed to be the real head of the system of agricultural teaching in the State. Already the State has expended very large sums of money in the erection of buildings, and in the maintenance of this college, and can feel proud of th^ faet that under the direction of Dean Bailey it un- doubtedly has at present the best agricultural college in the world. 714 Public Papees of Goveknob Sulzeb • The importance of increasing the agricultural prod- ucts of the State is one of our most serious problems, and is conceded by everyone to be one of the most im- portant questions now before our people, and all the support possible should be afforded the State College of Agriculture to assist in accomplishing this pur- pose. The increase in the number of students at the college has been enormous, and to-day there are about 2,000 boys and girls enrolled as students. The college also does a large amount of work in the way of assisting individual farmers, and in co-operat- ing with all the agricultural interests of the State, by means of farmers' meetings, farm trains, schools in interior counties of the State, issuing bulletins, and visits to different sections of the State by members of its staff, and these activities extend to and reach prac- tically every important agricultural interest in the State. The cost of maintenance is, of necessity, growing larger each year, and the money must necessarily be appropriated by the Legislature. In 1912 the total appropriations in connection with the New York State College of Agriculture were actually $788,000, but in addition the board of trustees was authorized to make contracts for $129,000 addi- tional, in all $917,000. We recommend this year that the sum of $600,000 be allowed in the Appropriation and Supply Bills. This amount includes the additional cost of maintenance, but does not provide for the equipment of buildings already erected under the au- thority of the Legislature. In order to provide pay- ment for contractual liabilities authorized by the Legislature of 1912 for new buildings, amounting to $129,000, to furnish equipment for present buildiiigs Removal Proceedings and Investigations 715 already constructed or undergoing construction, and for exteiisions and additions to present buildings and groups of buildings, the college this year will require an! additional sum of $334y000, which should be , pro- vided for in a special bilL We do ndt deem it wise to recommend the erection of any large new buildings, until the present group of buildings already under con- struction is completed. Secondary Schools of Agriculture Outside of the State College of Agriculture there has already been authorized by the Legislature the creation of five secondary schools of agriculture, one located at Alfred University, One at St. Lawrence Uni- versity, one at Morrisville, one at Cobleskill, and one on Lon'g Island. Successive Legislatures have established these schools, and it would perhaps be presumptuous for us to declare that the action was unwise, but the fact has come Out very clearly in our examination that these numerous schools are going to add a great item of expense to' the State budiget, and the benefit to be de- rived therefrom cannot yet be estimated to be very large. They should be confined strictly to secondary education of agriculture, and should not be permitted to go into extension or experimental lines of work. The schools already provided are more than enough to satisfy all the needs for special education in agri- pjilture, and no more new schools should be authorized - by the Legislature. There have already been bills introdtic^d in the present session to establish five more of these "schools, and if these are authorized and the policy continued we may expect that every county in the State will demand an agricultural school, iqntailing 716 Public Papers of G-ovbenoe 'StrLZEB a huge additional burden of expense. At the; State College of Agriculture at Cornell, the State has pro- vided for the training of teachers of agriculture^ and th« State should not undertake to do any more. The common schools in the more populous communities should utilize the services of these trained instructors, and by co-operation less populous communities can secure teachers for at least part of the year for special classes, and thus the benefits of what the State has already done can be enjoyed by practically all. The present secondary schools of agriculture all have separate boards of managers. , JVIorrisviUe and CoblesMll and Long Island are controlled by State boards, and at St. Lawrence IJniversity and at Alfred University the management is by; the board of trustees of those universities. The schools are State schools, but are being treated at present as local in their char- acter, although they are supported entirely by State funds. We believe that this system is w:rong, and .th^t there should be one State board of ,trus,tpes having control of all the secondary schppls, sp as to provide for a uniform system of education, and the limitation of their work ,1^0. t)ieir proper fiinctions, anjd. we .recom- mend legislation to this ejnd. ,, ., In 1912 the appropriations for, the. secondary schools of agriculture were as follows : , , Alfred, University ..... ■ $48,550 00 korrisviile ,. 72,427 10 St. Lawrence University 55,000 00 "Long Island (purchase of land) ..'........... I .'/.' J ' 50,000 00 Total $225,977 10 No provision was made for the "CoblesMll School of Agriculture, thie original appropriation haviii^ been Removal- Proceedings AND Investigations 717 made in ,191,1, for the purchase of land and erection of buildings. The amounts asked for this year and the amounts recommended by us in connection with these schools are as follows: * .' Asl^ed for. Becommended Al&ed University $71,000 00 $35,000 00 iiorrisville '..., 132,830 00 39,730 00 St. Lawrence University 44,859 38 41,072 15 Cobleskill 76,600 00 A special bill in connection With tibiig Island schools is now before the Legislature asking for $704,500 f of construction pufpbses. EXTENSION WOEK The educational work in relation to agriculture ,cpn- sists of the teaching done iii' the State ' College^ and Secondary Schools, and'the extension work of furnish- ing agricultural education and agricultural informa- tion to the citizens of the State in their own homes or communities. ; , ^ This extension work in connection with agriculture is of great value to our people. ;It is conducted in many ways, some of which are farm bureaus, farm in- stitutes, farm experimental trains, summer and winter schools, lectures, the issuing of bulletins, etc. This extension work, in some degree, is now being under- taken by not only the schools of agriculture but by a number of the State departments, and- some steps should be taken at once to centralize the work, so as to eliminate some of the present duplication of effort and fexpenfee in connection therewith. By chapter 785 of the Laws of 1907 there Was created the " New York State Agricultural Advisory 718 Public Papees of Goveknob- Sulzek Board," which had for its object the promotion of agricultunal education and the advancement of country life, and this. Board was directed to report directly to the G-overnor on or before the' first day' of E^ebruary. This Advisory Board is made up of the leading men connected with agriculture in the State of New York, and we believe the problems relaiting to the extension work of the State, and other matters heretofore sug- gested by us, should be referred to this Board, and that they should be asked to make a careful study of the same, aiud to make a report to you with their rec- ommend^tipns prior to the beginning of the next Legislaiture, so that proper legislation pan be taken up for consideration. STATE FAIR COMMISSION The appropriations for the year 1912 were: Appropriation bill « $33,700 00 Supply bill . . . .; ;, 112,000 00 Special bills ,. . 200,000 00 Total $345,700 00 The amounts asked for this year are : Appropriation bill $34,200 00 Supply bill 124,500 00 T.qtal, ... - $158,700 00 We have gone over these figures carefully and are of the opinion that the sum of $104,700 is sufficient to provide the State Fair Commission this year with the funds necessary to ruii the Department in an efficient and economical manner. The State, Fiair Commission is asking for, the appro- priation of a large amount of money for new buildings Eemoval. Proceedings and Investigations 719 on tke fair ground at Syracuse, and tkere is no doubt that the fair would be much more attractive and of wider usefulness if the buildings are provided. We believe, however, that the money necessary should be provided for in a bond issue rather than by direct appropriations, and we would recommend that this course be adopted in the future in connection with the improvements at the State Fair. We would also recommend that the matter be taken up at once and the State Fair be completed as soon as possible upon the plans now proposed. It has been suggested to us that the policy of paying the members of the State Fair Commission should be changed. The interest in this institution is so great that we thoroughly believe that the best people in- terested in agriculture lahd manufacturing in the State can be induced to accept honorary positions on the board of managers. If the personnel of the Com- mission were changed so as to pirovide for the appoint- ment of one member from each judicial (^strict of the State, such a commission could employ and maintain a permanent force to take care of the fair grounds and perform the detail work. We belieye that such a plan would make the State Fair better known to manu- facturers as well as farmers, and might result in an annual exposition of agriculture and manufactures that would be of great practical value. We recom- mend that this question be also submitted to. the Ad- yisory Board of Agriculture for consideration and report. NEW TOBK STATE COLLEGE OP FOEESTRY AT SYRACUSE The aet creating this college provides that the trus- tees of Syracuse University shall have the naming of 720 Public Papers of Governor Sulzer a majority of the trustees of this college. An objection was raised to making appropriations to this institu^ tion on account of such private control of the board of trustees, but we are advised that an act has been sub- mitted to the Legislature and is now pending which amends the charter of the College of Forestry and provides that the trustees shall all be appointed by the 'Governor, thus giving the State complete control of the college. In our examination the dean of this college testified that they had now enrolled 160 students, arid that the cost of maintenance must, therefore, be considerably increased. In the year 1912 the Legislature appropriated $50,- 000 for the maintenance of this college, and this year an additional amount is asked for a new building and for maintenance, but there are also included several items for extension work, which we believe can be at least postponed until the organization of the college is completed. We have, therefore, recommended that the sum of $50,000, the same amount as last year, be appropriated in a lump sumj which will provide for the increased cost of maintenance of the larger number of students, and if there is a surplus it niay be used for such other work as the faculty may decide. We have heretofore recommended that the general policy of extension work be referred to the New York State Agricultural Advisory Board, and we would also suggest that the question as to the general polic]^ of future extension work in forestry also be submitted to sanle board for its consideration, and that they be requested to confier with experts in this line of work as to said policy. Until a definite policy is established Removal Proceedings and Investigations 721 we recommend that the Conservation Commission and other agencies cut down the amount :pf expenditures for extension work in forestry. »- NATIONAL GUAKD The appropriations for the year 1912 were : Appropriation bill .'; '.i $598,085 00 Supply bill ; i 156,966 79 Special bills 66,500 00 ,,.T.q^^jl, . . ,...,...,... $821,551 79 Amount asked for in 1913 : Appropriation bill $668,495 OO Supply bill ..::...;............... 281,599 81 Total ; $950,094 81 Our investigation in this Dgpartinent disclosed the fact that the former Adjutant-Generar had expanded large amounts of money in excess of his appropria- tions, and, without authority, deducted these amounts so expended from the funds available during the fiscal year" of 1912-1913, and had depleted these funds to such an extent that it became necessary for the Adju- tant-General to ask for the passage of a special bill appropriating $175,000 for the purpose of immediately raising funds to maintain his office. "V\re have carefully gone over the figures for the next fiscal year, which have been revised by the Adjutant- General, and we are of the opinion that, in addition to the special appropriation of $175,000, the sum of $774,207.48 should be appropriated this year, a saving from the year 1912 of: $47,344.31, eliminating ;the de- ficiency bill above mentioned. 722 Public Papers of Goveknob Sulzeb penal institutions Connected with the penal institutions of the State are the following boards and departments : The State Superintendent of Prisons, who is a con- stitutional oflScer. The Commission of Prisons, which is provided for in the Constitution, now consisting of seven members. The Board of Parole, consisting of three members, two of whom are appointed by the Governor. The Board of Classification, composed of the Fiscal Supervisor of State Charities, the State Commission of Prisons, the Superintendent of Prisons and the Lunacy Commission, in all, twelve members. The Commission on New Prisons, consisting of five members. Each of these commissions, boards and officers have certain official duties connected with the State prisons, and, in our opinion, in order to promote efficiency and economy, all of them should be abolished except the State Superintendent of Prisons and the Commission of Prisons, which should hereafter consist of only three members, and to the new Commission of Prisons should be delegated all the powers now exercised by the other bodies proposed to be abolished. The amounts asked for this year by the commissions and boards proposed to be abolished are as follows : Probation Commission $15,250 00 The Commission of Prisons 21,200 00 Board of Parole .9,200 00 Board of Classification 1,700 00 Total $47,350 00 The Commission of Prisons, the Probation Commis- sion, the Board of Classification and the Board of Removal Proceedings and Investigations 723 Parole are all now allowed separate office and traveling expenses, and each have a number of employees which, in a wa,y, are duplicating their efforts. The Prison Commissioners are now paid at the rate of $10 a dgy for each day's service rendered, and their traveling expenses. We believe that the three new Prison Com- missioners to be appointed to take the place of the present members of the commissions and boards as aforesaid should be paid a salary of $5,000 a year, and should be required to give their entire time and atten- tion to the work now performed in a perfunctory way by these different boards and commissions. There are only about 4,600 convicts in the State prisons, and it seems absurd that there should be boards and officers containing twenty-eight officials having diversified powers in connection with the in- mates of these institutions. "By amalgamating these boards and bureaus a large amount of office ex;peiises, traveling expenses, and expenses of employees can be eliminated. '' The prisons of the State now consist of: Auburn Prison, Sing Sing Prison, Clinton Prison, Great Meadows Prison, Dannemora Hospital for Insanfe, Matteawan Hospital for Insane Criminals, the Prison for Woinen, the State Farm for "Women. New Prisons There is at prje8fint,and liasibeen in the past an agita- tion in favor of building a new prison near the city of New York, and the . 3l?andonmen,t pf Sing Sing Prison. We have not ha^i time to make a very careful study of this sitiiation, but it seems clear that Sing Sing Prison is antiquated and unsanitary, that the land 724 Public Papers of Goveknoe StiIiZBB )! upon which it is located is too restricted in area and no more can be procured, and that, therefore, a new prison ought to be located upon a tract of land of enough acreage to employ the labor of some of ihe prisoners in farm work. At Wingdale the State already owns a large tract: of land which is valuable. A contract for building a prison on this site was awarded in 1910,^ but cancelled in 1912, and large damage paid to the contractors. Some statements were made to us about the circum- stances surrounding this abandonment which we did not have time to investigate, nor did we have time to personally inspect the site We are convinced, how- ever, that tlie site ought not to be permanently aban- doned without further investigation by the Legisla- ture. Either, at Wingdale or some othe!r-^place accessi- ble to New York city a modern prison ought to be con- structed, and the proper location should be determined at once. ,.; ■.. -r. -,-•-:.:, ~ i;j '.--' ■ ■-; Our attention has also been called to th^ proposed prison farm for women at Valatie., A large tractof land has been purchased and plans have been prepared for the erection of a large niijUiber of cottages. This proposed prison farm will require the expenditure of about $3,000,0p0., . ' . ,^.. Before any more money is spent in connection with this proposition, we believe, that a most thorough inves- tigation should be made as to the cost of the comple- tion of this prison, the advisability of constructing the same, and whether or riot some plari can be adopted that will secure all the benefits promised for a smaller expenditure. We suggest that all buildings in connection with the proposition be abandoned until it is definitely s'^ttled as a State policy as to what shall be the riaethods of Ebmoval Proceedings' and Investigations 725 construction adopted. There are no buildings com- pleted in which inmates can be housed, but there is a warden and some employees, and the warden's resi- dence is completed. The Legislature is asked to^ap- propriate the sum of $30,000 tor maintenance and repairs. We recommend that the warden and all the employees be discharged- and the property be placed in charge df a caretaker at an expense of not to exceed $1,000 a year. ' ""■'"■'>'. Prisons should he Self-sustaining ,The most iiU^ortant proposition connected with the prisons is the problem relating to ihe cost of ihain- tfenance. It is the judgment of many pirevious investigator's, and also pur own, judgment, that the industries in the prisons ^houlid be so organized that the prisons would be ,self-sustaining.j Du,ring our examination both Mr. F. H. Mills, the Sales Agent, and the Superintendent of Prisons testified that in their opinion the prisons <3an be made self -susia,iningj except that the present theory of the law, as they cons.trued, it, requires that more than. one-half of the prisoners, be kept upon un- productive work for the purpose of giving them' such industrial training that they would be enabled to earn a living Vt^n they are released, and for th^t purpose there had been created in tte prisons a large number of different industries as training schools which were in tljemaelyes a source of expense and not of profit. The present provisions of. tlie statute would seem to indicate that the Superintendent of Prisons should employ the men who are serving first ter^hs along the lines of indu^.irial training and .instruction. The inter- pretation placed upon this statute by the Superintend- 726 Public Papers- of Goveenok iSuiiZEE ent was that he was compelled to teach these prisoners technical trades. In our judgment he: might just as well: have construed the statute that teaching this class of prisoners modern methods of agriculture would bet- ter fit them for the task of earning an honest living when they are released than an attempt to,, teach them an industrial trade would do. We are also of the opinion that a very careful study should be made of the utilization of prisoners in farm labor whereby the needs of not only the Prison Depart- ment but of other, ^tate institutions for farm products should be supplied. Under the present law all municipal bodies of the State are required to purchase of the prisons any articles made in the State's prisons, and there are a niimber of industries now connected with these institu- tions. With a careful study of the demands of public institutions there is no reason why the manufacturing industries of the prisons should not be placed upon the basis of supplying the demands for such things upon which a fair profit could be made. We recommend that, if necessary, legislation be enacted providing for the working of the prisoners in the! State institutions for the purpose of making them self-sustaining. The State hospitals for the insane last year paid out for butter alone approximately the sum of $400,000, and the dairy products used, in the State hospitals, charitable institutions and prisons undoubtedly a!mount to more than $1,000,000 a year. If dairy products could be produced upon the State farms with convict labor, there ought to be an enor- mous saving made in these articles, and the inmates who would be employed in, doing this class of work would be greatly benefited, if employed out of doors. At present the earnings of the prisons are carried BeMOVAI, PEOCBEDI]SrGS AND INVESTIGATIONS 727 in an account known as " The Prison Capital Fund," and from time to time the' surplus of these earnings is paid into the general funds of the State. "We are of the opinion that these earnings should be applied toward the cost of maintenance, and that legislation should be passed permitting their use for that purpose under proper restrictions. We desire also to call particular attention to another fund known as ' ' The Convicts ' Deposits and Miscel- laneous Earnings Fund." In this fund is deposited the money which convicts have when they enter the prisons, and there is credited their earnings during the time they are in the prison. At present these funds, so far as we can learn, are subject to no audit whatever. STATE HOSPITAL COMMISSION AND STATE CHARITABLE INSTITUTIONS At present in this State there are fourteen hospitals for the insane, and twenty-one institutions under the charge of the State Board of Charities. In addition, the State also contributes to the support of eleven institutions for the care of the blind, deaf and dumb. Each and every one of these different institutions is governed by a board of managers appointed by the Governor, and these boards of managers are in a way practically independent of control by any State body, and have practically the charge oif the expenditures of State funds, the employment of labor in the institu- tions, and direct the general policy of the institutions. The State Hospital Commission, appointed by the Governor, has only advisory power over the State hos- pitals and the expenditure of some of the funds con- nected therewith. The State Board of Charities has only advisory powers over the State charitable institu- tions, and w'hile there is a Fiscal Supervisor of Char- 728 Public Papebs of Goveenoe' Sulzbe ities, who arranges for the purchase of supplies by contract, his sole power relates to the procuring of bids, and he has very little to do with the amount of supplies purchased- or the paying for the same.. The deaf, dumb and blind institutions are practically all private institutions to which the State contributes for the support of inmates committed thereto. The cost to the State of these different institutions is grow- ing tremendously in amount, and this year the State hospitals are asting for the sxun of $11,792,704.54. The charitable institutions are asking for the sum of $5,082,244.50, and the blind, deaf and dumb institutions are asking for $429,551.09. State has Little Control over Expenditures Over the control of the expenditure of these enor- mous sums of money the State directly has practically very little, if anything, to say, and it is extremely necessary that these .institutions be combined under some general State head whereby the State itself will direct the policy of the institutions and the expenditure of the moneys appropriated. The boards of managers connected with these insti- tutions generally look upon the institutions as being local in character, and are continually demanding enor- mous sums of moniey for new buildings, improvements and betterments-, and additions of land thereto. The cost of housing the inmates under present conditions is enormous, and the cost of maintenance is also very high. With a State policy securing entire supervision and control, we thoroughly .believe that great savings can be made and that problems effecting economies and efficiency can be satisfactorily solved. At present while the State Lunacy Commission has a purchasing board, yet the evidencei before us showed Eemoval Proceedings and Investigations 729 that at least 25 per cent, of the supplies were bought by the stewards of the local institutions in the local markets, with no direct State ■ supervision over the same. This has resulted in many abuses in the past, and the practice is to be condemned. "^ The State charitable institutions in some way ought to be consoliiiated. There are entirely top many sepa- rate State institutions in which a small number of in- mates are cared for at a large per capita cost. New Hospitals Required The State Hospital Commission reported to us that the State hospitals for the insane are greatly over- crowded, and we have had an investigation made and find that these facts stated to us are correct. It is absolutely necessary that in the immediate future the State should build at least one or possibly two large institutions for the care of the insane. At present it is contemplated using the site at Oreedmoor, formerly used by the State as a rifle range, which has been trans- ferred over to the State Hospital Commission. In our opinion it would be absolutely unwise to use this site for such purpose. The site in question is a long, nar- row strip with a wide parkway through the center, and does not lend itself to the erection of buildings in suit- able groups. The land itself is of large value and could be readily sold, and if the State desired to buy land adjacent, the price would be practically prohib- itive. In our opinion this land should be sold, and a large tract of land purchased at some other place suit- able for the erectioh of a large hospital. There are at present confined in the State hospitals a great num- ber of foreign insane, who are not able to speak the English language, and an institution should be pro- vided where they could be grouped according to nation- 730 Public Papers of Govbrnob Sulzer ality and taken care of by people who speak their own language. If this were done it would relieve the con- gestion in the other State hospitals, and we are of the opinion that this matter should be given careful con- sideration before any new State hospitals for the in- sane are built. Mandatory Increases in Wages We also desire to call your attention to legislation that was passed in the year 1912 providing for an increase in the wages of the employees in the State hospitals. This statute is mandatory and only applies to State hospitals, and if it is to be continued will result in a demand on the part of all the institutions for like increases in salaries. The increases in the wages of employees in the State hospitals, becoming effective April 1, 1913, will amount to the sum of nearly $265,000 annually. The State Board of Char- ities are now insisting that its employees should be paid the same rate of wages that is paid in the State hospitals, and that if the wages are not raised they will not be able to keep their trained employees. DEPARTMENT OF PUBLIC BUILDINGS The appropriations for the year 1912 were : Appropriation bill $253,350 00 Supply bill 97,130 58 Total $350,480 58 The amounts asked for in 1913 were : Appropriation bill $258,350 00 Supply bill 17,800 00 Total $271,150 00 Removal Pkoceedings and Investigations 731 We have gone carefully over; these items and they include for this year the cost of, operating the new power house and electric light plant recently con- structed by the State, and we are of the opinion that the sum of $255,130 should be allowed for the year 1913, which is a reduction over 1912 of $95,350.58. • COIjfSEKVATION, COMMISSION At present this Department is organized with three commissioners haying a §;a,lary of $10,000 each; three deputy coinmissioners at a salary of $3,500 each; three confidential secretaries to the commissioners at a sal- ary of $2,100 each; three confidential stenographers at a salary of $1,500 eaph ; a counsel at a salary of $7,000 ; an assistant (counsel at. a salary of $5,000 ; a secretary at a salary pf $5,000 ; an assistant secretary at a salary of $3,000; a publicity agent at a sala,ry of $4,200, and an assistant publicity agent at a salary of $1,800, amounting in all to $77,300, besides a full corps of subordinate employees. This Commission contains three divisions, namely, a fish and game division, a forest division, and an inla,nd waters .division. Each of the separate divisions has various bureaus. In our opinion this Department has too large an overhead charge, and a saving of at least $45,000 a year could be made by providing for a single-headed commission, with one deputy in charge of each division, a general secretary for the entire Commission, and an advisory counsel to the Commis- sion, and we recommend legislation to this effect. We have prepared and herewith submit a bill to reorganize this Commission on this basis. The division of inland waters has a very large engi- neering force, and has been expending a large amount of money in the examination of waterpowers, and advocating that the State develop the energj^ of these 732 PuBLiic .Papers of Gtovernoe Sulzeb waterpowers. '• Until this is adopted as a State policy, the Department is not justified, in our opinion, in large expenditures, and we recommend that this work be con- ducted more economically until the policy of the State is determined.' ^ : ; - The Conservation Oommissiohat present has juris- diction over the marine fisheries of the State, and the entire work connected with these industries is located in and around the city of New York. A la!rge delega- tion of oyster growers appeared before our Committee arid complained that their industry had suffered be- cause they could not get prompt attention to their needs, particularly in regard to the inspection of their beds and thfe surveying and establishing of boundary lines. We inqiiired into the situation and found that this inland fisberies bureau receives a sufficiient revenue from fees to support a separate department, that the oyster industry amounts now to a business of about ten millions of dollars a year, and that the New York oyster growers are discriminated against in the market because they cannot at present furnish certificates as to the purity and healthfulness of their product. "\Ye believe that a very large business industry will be best served by separating riiarine fisheries froria the Con- servation Department, and Ave have recommended legislation to accomplish this purpose. PIEE MARSHAL The appropriations for the year 1912 were : Appropriation bill .' . . i ..';..'. $119,020 00 Amount asked for in 1913 : ' Appropriation bill . : $155,720 00 Supply bill 16,104 08 Total $171,824 08 Removal Proceedings and Investigations 733 In our . opinion, after going carefully over these figures, we believe that the sum of $109,020 will be sufficient to maintain this Department for the coming year, a saving from 1912 of $10,000. We particularly desire to call the attention of the Legislature to the fact that the Fire Marshal has made, we believe, very radical recommendations in regard to expenditures of money by State institutions, and which, if carried but, will call for the expenditure of a very large sum of money. The different institutions are complaining to us that these requests are unfair and the amounts should not be allowed, and we suggest that some care- ful study should be made of this situation before such large amounts of moneys are expended. eeseevations, parks and buildings The State of New York is now the owner of a large number of parkSj reservations, buildings, cottages, mansions and monuments. Some of these reserva- tions and parks are . under State boards, and some under private control. The names of these institutions are as follows: Niagara Reservation, Saratoga Reservation, Stony Point Reservation, Watkins Glen Reservation, Fire Island Park, Lake George Battle Ground Park, Grant Cottage, Schuyler Mansion, Sir William Johnson Man- sion, Saratoga Monument, Sullivan Monument, Wash- ington Headquarters, Phillipse Manor House, Clinton House, John Brq^vn Homestead, Crown Point Resejrya- tion. Senate House (at Kingston). ' It was with exceeding difficulty that your Committee were able to determine the different boards and bodies having control of all these different properties, and as long as the State is called upon to provide funds 734 PuBLio Papers of Gtovmsnob i Sulzer for their care and preservation, they ought to be all under State management. In our opinion, the proper department to have charge of these properties is the Conservation Commission, in connection with other State lands over which it now has jurisdiction, and we recommend legislation to that ieffeet. STATE ENGINEER AND SURVEYOR The appropriations for the year 1912 were : Appropriation bill '.: $36,990 00 Supply bill , . . i .i; 20,115 00 Total ,.. $5,7,105 00 Amount asked for in 1913 : Appropriation bill .,. . . ... . . $37,345 00 Supply bill . . ^ .'. ;..... 23,500 00 Total , . ., $60,845 00 The principal cost of the work in the office of the Engineer and Surveyor is in connection with the new barge canal, which is paid for out of the bond issue, and so far as the appropriation and supply bills are concerned, we believe that the sum of $55,845 will be sufficient to maintain this Department for the coming year, a saving from 1912 of $1,260. STATE ARCHITECT The appropriations for the year 1912 were : Appropriation bill ., , $120,890 00 Supply bill ......'.';.y. ;: 7,500 00 Total ....:..... ;. $128,390 00 Removal Proceedings and Investigations 735 Amounts asked for in 1913 : Appropriation bill $173,080 00 Supply bill 12,800 00 Total $185,880, 00 The Department of the State Architect was one of the first taken up for examination by your Committee, and this examination necessarily included the examina- tion of the contracts for rebuilding that portion of the State Capitol v^Mch was destroyed by fire. As soon as we began the inquiry it was apparent to us that the whole method of the administration of this ofiice and of these contracts needed a most careful examination by experts who had the technical knowledge of build- ing, to properly appraise the value of the work that was being done and the value of the work that had been done. From our superficial examination in the begin- ning it appeared that the methods of conducting this work were at least open to question. We, therefore, suggested to you that the work upon the Capitol be suspended and that an expert committee be appointed to examine. As a result of our suggestion you ap- pointed a committee of architects, and the disclosures as to conditions resulted in your removal of the State Architect, justifying our apprehension, and the work of examination into the contracts is still in progress. After we received the report of this expert com- mittee, which justified our opinion that there had been grave abuses connected with the administration, we resumed the taking of testimony, which disclosed the fact that there were certain circumstances connected with the award and administration of these contracts which caused us to report to you that the Attorney- General should be requested to take the whole matter under advisement in order to protect the interests of 736 Public Papers of GovBEiiroE Sulzeb the State. We believe that the facts disclosed show a condition so .suspicious that this examination should icontinue, either by the Attorney^General or a special comnais'sioner appointed, until the entire truth relating to the matters we have disclosed be ascertained and such action takeji as will not only protect the iiiterests of the State, but, if necessary, punish those who have been guilty of wrongdoing. Your Committee is firmly of the opinion that open or percentage contracts on State work are always dan- gerous and an invitation to extravagance. It was probably necessary to begin this work on a percentage basis immediately after the fire, particularly the clear- ing away of the debris and the cleaning and replacing of certain burnt portions of the stone work, but we are of the opinion that this method should have been dis- continued before now, and that if it is possible, legally, the percentage contracts should be terminated at once, estimates made of the amount of work still to be done, and that the State secure competitive bids and let the remainder of the work on the basis of the J)r6posals received to the lowest bidder. We believe that the sum of $113,910' will be sufficient to maintain this Department for the coming year in the regular appropriation bill. The last incumbent of the office depleted the funds available for this year to a large extent, and it will be necessary to ask for additional moneys in the Siipply bill on tliat account. PUBLIC WORKS DEPARTMENT The cost of maintaining this Department in connec- tion with the operation of canals in the year 1912 was : Appropriation bill . $978,062 00 Supply bill : 68,500 00 Special bi,Us > ., 240,000 00 Total ; $1,286,562 00 Removajj Pkogeedings and Investigations 737 Besides these amounts, there was special work dele- gated' to this (Department for which there was appro- priated during the year 1912, $52,249.95. The present demands are : Appropriation bill .... ..:.:..>. $1,056,862 00 Supply hill :. , ; ■ 20,000 00 Special bills : 18.5,000 00 Total $1,261,862 00 We believe that the sum of $i,0€!0,109 is sufficient to maintain this Depa,rtment for the coming year, an increase over 1912 of $13,547, BANKING DEPARTMENT The appropriations for the year 1912 were: Appropriation bill .■ .' .' : . $214,950 00 Sut>ply bill ................... >..J J.......;;': 28,153 33 Total $243,103 33 Amounts asked for in 1913: Appropriation bill , $221,590 00 total $221,590 00 We believe that the sum of $216,090 will be sufficient to maint9.in i t^iis Department for the coining year, a saving fjom 1912 of $27,013.33. The entire. expense of the Banking Department is assessed upon the banks and other financial corpora- tions supervised by the Department, and the annual appropriations by the Legislature, therefore, merely authorize the Department to contract certain expenses, and do not represent an actual outlay of State funds. 24 738 Public Papbes of Goveenok Sulzer In making our investigation it became evident that the failures of so many State banking institutions re- sulted not only from remissness in the execution of law by past administrations, but also from defects in the law itself. It also appears that, while efforts had been made from time to time to remedy these defects, the results of this desultory legislation was not satis- factory, and many defects still exist. In order that the State of New York may have a clear, concise and comprehensive banking law adapted to present conditions of finance, we recommend that the Superintendent of Banks be authorized to appoint a commission of five or more persons having a tech- nical knowledge of banking law and a practical knowl- edge of present banking methods to revise the banking laws and submit to the next Legislature a complete and comprehensive statute which will eliminate the abuses that have existed in the past and prevent any recur- rence of such conditions as led to the failure of the Union Bank of Brooklyn and other institutions. While the commissioners themselves should serve without pay, we recommend that the sum of $50,000 be appro- priated for the purpose of paying the expenses of sucb commission and the employment of expert assistants. If this recommendation is adopted, we believe that tbe Banking Law of the State of New York will hereafter serve as a model, not only for the future laws of other States, but to some extent for the national government. There are, however, some defects in the present Banking Law and in the provisions of the Penal Law relating to the conduct of the officers and directors of such institutions wbich are so evident that the present Legislature should, in our judgment, take immediate action for the protection of the citizens of the State. Removal Pboceedings and Investigatiojsts 739 At our request, the Superintendent of Banks has caused to be prepared by his legal adviser the follow- ing legislation, which we recommend for immediate passage : 1. An act to create a commission to revise the Bank- ing Law and making an appropriation therefor. 2. An act to amend the Banking Law, in relation to books and accounts of corporations organized under it. 3. An act to amend the Banking Law, in relation to the powers of the Superintendent of Banks. 4. An act to amend the Banking Law, in relation to loans by a corporation organized under the Banking Law to its incorporators or shareholders to enable them to pay for, hold or purchase the shares of such corporation. 5. An act to amend the Banking Law, in relation to examinations by boards of directors of banks and trust companies and reports thereof. 6. An act to amend the Banking Law, in relation to the purchase of notes, bonds or other evidence of in- debtedness secured by mortgage or other lien upon real estate upon which there is any prior mortgage, lien or incumbrance. 7. An act to amend the Penal Law, in relation to the misconduct of officers, directors, trustees or employees of banking corporations. 8. An act to amend the Penal Law, in relation to falsification of books, reports or statements of corpo- rations subject to the Banking Law by an officer, director, trustee, employee or agent thereof. A list of some collateral upon which loans were made in the now defunct Union Bank of Brooklyn, which appears hereafter in this report, affords eloquent argu- ment in behalf of the passage of these laws. 740 Public PAPiERS of Goveknoh Sulzer UiSriON BANK or BROOKLYN As a result of an appeal made by a committee rep- resenting the depositors of the Union Bank of Brook- lyn, and by the Grovernor referred to the Committee of Inquiry, we made a special investigation into the causes for the failure of that institution, into the methods of liquidation pursued, and with reference to the present condition of its assets. A hearing was hield in Brooklyn on a Sunday after- noon, which was attended by a lairge number of the de- positors, and another hearing was held iii Albany, which was attended by a comtiiittee of the depositors, the State Superintendent of Banks and many mem- bers of the Legislature. Hon. Louis Goldstein pre- sented the complaint of the depositors and Special Deputy Superintendent Dodgei told of tlie efforts of the Banking Department to realize cash upon the so- called assets in the defunct banks. It appeared at the hearing that the Union Bank failed in 1907, was permitted by the Banking Depart- ment to reopen in August, 1908, and was again closed in April, 1910. At the time of the second closing the bank audits seven branches had 20,000 depositors, who had deposits a,ggregating $3,600,000. Up to the present time these depositors have been unable to re- cover any of their deposits, because of the heavy in- debtedness of the bank when it closed and because a very large part of the alleged assets were in the form of worthless unsecured notes. It was not until July, 1911, more than a year after the second closing, and after there had been a chajige. in the administration of the Banking Department and the present Superintendent took office, that proceed- ings were begun against those responsible for the REittovAi, Proceedings and Investigations 741 management of the bank. A public investigation was begun in July, 1911, and through, the efforts of the present Superintendent of Banks and his deputy, Edward L. Dodge, assisted by Louis Goldstein, counsel for the association of depositors, 700 witnesses were examined, various ofiicials and directors were in- diqted, and several have been convicted and sentenced to prison. It developed in this examination and before our Committee that the Banking Department permitted the reopening of the bank upon a deferred payment plan ; — that is, the old depositors agreed to withdraw th;ea.r deposits in instalments covering a period of months. To make these payments to the old de- positors all the bank buildings and all other unincum- bered property of the bank was mortgaged, and loans secured aggregating $2,006,000. New depositors were secured, and when the bank closed the second time it was found that most of the larger depositors caught in the first failure, including the officers, had withdrawn all their funds and had thus transferred their loss to the new depositors secured. It is said that if the Bank- ing Department had not permitted the reopening of the bank and. thus allowed no new liabilities to be in- curred all the depositors would have been paid at least 75 per cent, dividends. Since July, 1911, the Deputy Bank Superintendent in charge has been administering the assets, and has succeeded in reducing the liabilities to ajbout $335,000, but cannot restore any money to the depositors until this indebtedness is cleared off. Most of the assets of any value whatever consist of real estate not easily salable, and it is doubtful if the depositors ever are paid much if any dividends. 742 Public Papers op Goveenoe Sulzer Collateral upon Which Loans Were Made. The following list of notes now listed as assets illus- trate the methods pursued in conducting this bank : Note made by Augustus F. Grardner, for $117,- 257.62. In the testimony it appeared that Gardner was a clerk, not financially responsible, and that he was paid $10 a month for signing blank notes, deeds, bonds, mortgages and other papers at the direction of an officer of the bank, and that he was neither a depositor, stockholder nor employee of the bank. Note made by Essex & Lee Company, for $116,- 595.52, indorsed by the Onslow-Moore Company and the Camden Construction Company. All three of these companies were financially irresponsible, and the directors were clerks in the office of a business associate of an officer of the bank. Note made by Horace Nichols, for $113,247.17. Nichols testified that he was a day laborer, and that he signed papers in the same manner as Gardner did. Note made by Charles B. Malloy, for $148,- 443.25, with bank stock as collateral. The balance due on this note is $63,105.50, which is uncollect- ible, the collateral having been sold. Mr. Malloy testified that he got nothing for signing this note ; that the stock put up as collateral for this note did not belong to him, and that he was not finan- cially responsible to pay any part of the note. Note made by George B. Haggerty, for $125,- 728.10, secured by bank stock. The balance due on this note is $27,228.10, which is uncollectible, the collateral having been sold. Removal Peoceedings and Investigations 743 Note made by the Eemsen Bond and Mortgage Company, for $50,875, which, is absolutely wortli- less and uncollectible. The company claims that it received no part of the proceeds. ^ Note made by Randolph Hulsart, for $50,000, which is absolutely uncollectible and worthless. Mr. Hulsart testified that he was a carpenter, and was employed by Gilbert Elliott, at whose request he signed this note in blank. Note of $150,000; made by David A. Sullivan and indorsed by several directors, which amount still remains unpaid. The directors in their testi- mony stated that they did not receive any part of the proceeds of this note. Note made by Thomas D. Tompkins, formerly a director of the Union Bank of Brooklyn, for $72,- 370.53. This note represents capital stock not paid for, and is absolutely worthless. Note made by William Strasser, formerly a director of the Union Bank of Brooklyn, for $32,- 625.03, which is absolutely worthless and uncol- lectible. Note made by James T. Ashley, formerly cashier of the Union Bank of Brooklyn, amount- ing to $14,984.47, which is absolutely worthless and uncollectible. Notes were made aggregating over $112,000 by William C. Damron, formerly a director of the Union Bank of Brooklyn, all of which are worth- less and uncollectible. Note made by Henry B. Hill, for $24,330, which is worthless and uncollectible. Notes made by Rechnitz & Potruch, a corpora- tion, aggregating $56,132.57, which are worthless and uncollectible. 744 Public Papers of Governob Sulzeb Edward E. Thomas, former president and di- rector of the bank, through loans to his associates and to himself, secured large sums of money, and still owes the bank $254,087. F. Augustus Heinze, former director of the bank, borrowed a large sum of money, $246,000 of which still remains unpaid. Note made by the Aetna Development Company, for $16,335.50, without any security, which is worthless and uncollectible. The Metropolitan Holding Company obtained loans aggregating over $200,000, which up to the present time have been uncollectible. This com- pany was organized practically as a dummy com- pany of the bank. The Shetland Company borrowed from the bank approximately $469,000. Capital stock of $100,- 000 belonged to the bank. This company was also used as a holding company for the bank. David A. Sullivan, the former president of the bank, is liable, directly and indirectly, on various loans, as well as on his liability as a stockholder, to the extent of $500,000, all of which is absolutely worthless and uncollectible. The depositors of the Union Bank of Brooklyn claim that the former Superintendent of Banks knew, or should have known, that the bank was insolvent when he permitted it to reopen. The present Superintendent of Banks has followed a policy of conservation of the real estate assets of the bank which is highly commended by the depositors. They approve of the manner of the liquidation of the affairs of the Union Bank of Brooklyn as conducted and administered by the Superinteiident of Banks and Removal Peocebdings and Investigations ?45 his deputy, Mr. Dodge, in whom the depositors have implicit confidence. The depositors vs^ili receive con- siderably less than fifty cents on the dollar, and there are no prospects of receiving any dividend for some time to come. The disclosure to us of the methods pursued in wrecking the Union Bank, the escape of many guilty persons on account of defects in the law, and the alarming fact that such banking methods should con- tinue unchecked under State supervision, caused us to call the Superintendent of Banks into conference, and with his assistance and that of the counsel for the un- paid depositors, we have had prepared several amend- ments ito the Banking Law which should be enacted by this session of the Legislature, and we have also rec- ommended that the Superintendent of Banks be em- powered to appoint experts to draft a new Banking Law for presentation to the next Legislature. INSURANCE DEPARTMENT The appropriations for the year 1912 were: The appropriation bjll .•■,•;■• i-, ■ • , $416,840 00 Supply bill ,. :.!'.......;: '"22,950 00 Total ; $439,790 00 Amounts asked for in 1913 : Appropriation bill .......' $440,780 00 Total $440,780 00 There were a number of unexpended balances in this Department aggregating a large amount, and- we be- lieve that the sum of $361,584.70 will be sufficient to maintain this Department for the coming year. 746 PuBuo Papers of Goveenob Sulzeb : Additional work has been placed upon this Depart- ment by the passage of new legislation, but we recom- mend that items covering expenditures necessary to carry on this work be placed in the supply bill this year for a lump sum. The decrease of the appropriatidns this year recom- mended by us compared with last year is $78,205.30. HIGHWAY DEPABTMENT The appropriations for the year 1912 were: Appropriation bill $63,950 00 Supply bill .' 5,000 00 Special bills 4,466,222 00 Total $4,535,172 00 Amounts asked for in 1913 : Appropriation bill $73,800 00 Special bills 4,800,000 00 Total $4,873,800 00 The largest part of the expenditure of this Depart- ment is for the construction of new highways and the engineering cost in connection therewith, which are paid for out of the bond issues and do not appear in the appropriation or supply bills, but only in the re- ports to the Comptroller. The next large items appear in special bills and pro- vide for repairs and maintenance of the State and county highways and State aid to towns, and the ap- propriation made directly by the Legislature for the Bureau of Town Highways in the appropriation bill. In 1912 there was appropriated for the Bureau of Town Highways $63,950, and we recommend that this Removal Pboceedings and Investigations 747 year there be allowed in connection with, these ex- penditures the sum of $57,950, a decrease from 1912 of $6,000. The special bill last year for State aid to towas amounted to $1,669,000, and this year the amount asked for is $1,710,000, which is an increase of $41,000, and if the present policy of the State to aid towns is carried out it should be allowed. In 1912 the appropriations for maintenance and re- pairs of State and county highways amounted in all to $2,615,040. The estimate made this year by the Highway Department for this purpose was $4,700,000. Later on in our investigation the officers of this De- partment stated that they could reduce this figure to $3,353,250. During the limited time we have had to study this matter, we believe that these figures are very high and that a large amount of repair work has been asked for by local' interests which are not necessary, and we be- lieve that upon a proper reorganization of the bureau of maintenance under division engineers $2,000,000 will be sufficient to take care of the maintenance of the highways for the coming year, and we recommend that amount. The investigation of the matters connected with the Highway Department was as thorough as our time would permit, but we necessarily had to confine our attention chiefly to the financial features, so as to in- telligently recommend such appropriation of funds as are required to maintain the roads during the coming year. We were faced with the demand for an appro- priation, for maintenance, of $4,700,000^ covering re- pairs to hundreds of roads, and in considering this we had to take notice of the numerous complaints that the 748 Public Papeks of Goveenok Sulzbb cost of suck repairs bad been excessive, and endeavor to find a basis upon wbicb to compute tbe proper cost, and thus arrive at our decision as to what will con- stitute a reasonably adequate appropriation. Before our examination was half completed we had developed and proved a condition that caused us to recommend a complete change in the organization of the Department and a reform in the methods of award- ing contracts, which recommendation has already re- sulted in the enactment of a new liighway law, pro- viding for one responsible official in charge instead of a commission composed of three uncongenial persons, and further providing for a complete change in the methods of contracting for work and supervising such work wMle under construction and repair. To make this examination accurate and complete we requested the co-operation of the Comptroller, and he detailed to us a deputy comptroller and six experts. These experts worked continually for four weeks. They went over all the details of the original; and sup- plemental contracts for repair work, and carefully tabulated, the cost of materials and transportation of materials, and the work of putting those materials in place.- While this was being done, other men were ascertaining through actual inquiry the proper or market cost of all materials entering into road con- struction, and the proper cost of the different opera- tions entering into the construction of roads. The re- sult of these investigations enabled them to find the true cost by which to test the actual cost paid to con- tractors by the State. The examination covers a period beginning shortly after the formation of the first Highway Commission in:;1909 and ejiding on Januarj'^ 1, 1913, excepting Removal; Proceedings and Investigations 749 therefrom the year 1911, during which time no con- tracts for the repair of State highways were granted. Each contract and the aeeompanying papers were ex- amined. Attached to each contract were the bond, the ■estimated cost made by the engineer, and the proposed cost submitted by the contractor. ■!'• 'o With the original contracts were also considered any supplemental contracts. uUn- After securing the assistance of the Comptroller, and agreeing uponthe plan upon which to conduct the work, we called the Chief Engineer of the Highway Department to the witness stand, and after examining him and requiring him to testify in regard to the method of making engineers' estimates for new con- struction, 'and describe the various units entering Into such estimates, we directed him. to take the specifica- tions of all the repair contracts which had obeen awarded by the Department, and make an engineer's estimate of the proper cost of such contracts on a basis of the figures he would use for estimating upon new construction. The Chief Engineer has had' no super- vision over repair work, and we felt confident that his figures could be relied upon to show how much excess cost there had been in the repair work during the j)ast year. The purpose of this dual examination was to obtain accurate information in regard to the. excess, if ;a,ny existed, so that we might have a test to apply to the appropriation requested for maintenance in 1913. We did not at that time reqijire an analysis of construc- tion contracts, because the entire cost of such work would be paid out of funds derived from bond sales, and not from appropriations to be made by the Legislature. 750 Public Papers of Goveenob Sulzee When the examination was completed, the analysis prepared and reports submitted to us by both the Comptroller and the Chief Engineer of the Highway Department agreed that the cost of repairs had been excessive, the general average being about 20 per cent, over what was established as a true economic cost. This general average, however, did not represent the whole truth, because there were many contracts per- formed at a price only slightly above our standard, while there were many others which ran much above 20 per cent. The entire examination developed the following situation : Highway Repairs The total number of contracts examined was 327, which were divided as follows : 1909 contracts 41 1910 contracts 37 1912 contracts 249 Payments were made to contractors during the years 1909, 1910 and 1912 to the amount of $2,682,- 062.47, which were distributed as follows : In 1909 $919,588 55 In 1910 746,378 81 In 1912 1,016,095 11 The comparison of original contracts and supple- mental contracts on repairs in each of these three years was as follows : 1909 :910 1912 Total of original contracts. $626,240 83 $706,669 35 $999,502 70 Total of supplemental con- tracts 293,347 72 39,709 46 16,592 41 Totals $919,588 55 $746,378 81 $1,016,095 11 Eemoval Pbocbedings and Investigations 751 The average cost per mile was : 1909 : $4,820 58 1910 4,442 33 1912 1,139 67 Our experts found in analyzing the contracts that it was necessary to compare them as a whole to get the accurate increases and decreases in the cost. Items which had been combined in 1909 were separated in 1912, and thus the comparison upon these separate items was destroyed. It was possible, however, to set up with certainty a true comparison between certain items entering into all the contracts, and as an example of this work we present the following comparison of some of these items, the figures given being the excess cost of these materials in all of the contracts in the given year : 1909 1910 1912 Excess cost of stone $123,599 90 $119,726 25 $92,679 15 Excess cost of oil 42,122 09 33,734 56 51,512 91 Excess cost of earth excava- tion 790 90 8,949 64 6,340 87 Total excess cost on these items $166,512 89 $162,410 45 $150,532 93 The total expenditure of money by the maintenance bureau of the Highway Department, including ex- penses of administration, work done by the Depart- ment, materials purchased by the Department and payments to contractors, during the years 1910, 1911 and 1912, was as follows : 752 Public Papers of GlovEEisrbR ■ Sulzee DEPARTMENT EX- PENSE: 1910 1911 . 1912 , Improvements $22,321 32 $8,739 20 $11,718 14 Resurfacing 1,078,471 51 312,448 84 Engineering and inspection 61,335 64 21,019 15 175,640 92 Labor 5,569 94 11,634 84 22,598 34 Materials ........ 66,052 rs 93,665 83 147,450' 74 Patrol : .'.;.• 265,427 81 258,307 34 425,048 78 Tools and plant.. 18,086 91 " 7,311 08 17,332 79 Guard rail 71,416 06 6,338 38 11,499 90 . Concrete 3,940 53 9,850 92 6,561 48 Oil 163,238 24 ' 83,382 01 397,264 93 Sweeping and ap- plying oil ..;.'. . 107,128 36 71,556 93 Material for cov- . > ; i ering 228,18706,, 86,93126 .............. Covering oil 9,364 81 8,731 77 ....". Cleaning and trim- ming ;. ■ 12,59166 13,529 33 ." Paving 1,026 61 487 80 Extraordinary re- pairs 3,891 86 277 00 Miscellaneous 4,712 16 20,853 33 182 00 Totals $2,122,763 21 $1,015,065 01 $1,215,298 02 PAYMENTS TO CONTRACTORS. 746,378 81 1,016,095 11 Grand totals.... $2,869,142 02 $1,015,065 01 $2,231,393 13 The Department of Highways was organized in 19019 and the records were not sufficiently systematized to enable us to distribute the various items of cost enter- ing into the repair work in the same manner as we have done with the other years. The total expeiiditures of the Department in 1909 were as folloAvs: Removal Proceedings' and Isv^estigations 753 For Department expenses . .... .■■>l.. i ..'..!.. . ' $925,166 92 Amount paid to contractors 919,588 55 ;Total , , . .,. $l,844j755 47 No new contracts for repair worlj; were let in 1911 ; most of the wark was done by the Department itself . During the period examined 1,250 miles of highways were repaired as follows: In 1909 ; 191 In 1910 ...,.,. .....r-;< V !.,.,..... ',168 In 1912 . . . '... .^! ..;! ':.^.. 891 .The, ijiaintenance bureau of the Highway Depart- ment appears to have always worked on unscientific principles. Everything seems to haye been done in a hurry aijd without sufficient preparation, even when a wrong system has not been deliberately adopted. It appears that examination of roads intended to be re- paired has been, made in the winter, with, snow upon the ground, which made it impossible, to get any ac- curate knowledge of the character of the soil, and the specifications drawn upon such information Ijaye necessarily been faulty. No, systematic way of getting accurate geologicaLinformation, to guide the engineers in making their estimates, seenis to have been estab- lished.. The work of making estimates was hastily done in the spring. s.o as to have the, contracts, ready for letting as soon as the weather sufficiently moderated to permit outdoor work, apd fhis practice resulted in changes in specifications, many ^^ipplemental, contracts and a great deal of waste on alniost every piece of work. The most vicious feature of the method of letting contracts appears to have, been the practice iOf awar,d- 754 Public Papebs of Goveenok Sulzeb ing contracts for repairs without asking for com- petitive bids. Three systems were followed in securing proposals, namely: Advertising in newspapers for competitive bids; inviting certain contractors in a locality, who were known to have plants, to privately compete; and assigning certain sections of repair work to such con- tractors as were selected by the official in charge. During the year 1912 work amounting to $132,667.59 was advertised in newspapers for competitive bidding ; work amounting to $187,036.13 was awarded to con- tractors after private competitive bidding; and work amounting to $908,947.68 was assigned to contractors chosen by the officials of the Department without com- petitive bidding. It is true that the average cost per mile was lower in 1912 than in the preceding years, but this system is so vicious, in our opinion, that it merits unqualified con- demnation, and we have recommended that in future no contracts of any magnitude be awarded without competitive bidding. This system of non-competitive contracts was re- sponsible, in our judgment, for the high prices paid for materials used in repair work. Our examiners disclosed that manipulation of oil was paid for at rates varying from five to ten cents per gallon, the oil being furnished by the Department, and we are advised that five cents is an extremely liberal price. Broken stone was paid for at prices varying from $1.20 to $8.25 per cubic yard. Rolling charges varied from $10 and $15 per day to $10, $15 and $40 per mile. The rate allowed by law for rolling town roads is $10 per day. At $10 per mile a roller could earn $80 per day. Removal Peoceedings and Investigations 755 These are but three instances of excessive charges allowed. The hasty preparation; of specifications has resulted in extra contracts and supplemental contracts, and we have no doubt that many of these supplemental con- tracts were improperly awarded. We do not feel justified, however, in condemning unqualifiedly the supplemental contract system. Under the unit form of bidding — that is, when the proposal of the con- tractor is based upon items, the quantities of which are estimated by the engineers — it will always be necessary on final settlement to readjust the quantities of these items and it may be appropriate to issue a supplemental contract therefor. This form of supple- mental contract, however, is legitimate because it does not change the competitive character of the bid, if the engineer's work has been efficiently done. There may also, from time time, arise contingencies which even an accurate survey by the engineer could not locate, such as a soft spot which needs to be reinforced. These, however, appear to us to be the only legitimate reasons for supplemental contracts. All others appear to us to be due to incompetent engineering or official fa,voritism. The result of our investigation into the maintenance and repair bureau of the Highway Department in- duces us to recommend to the Legislature that less than one-half the sum requested to be appropriated this year be provided, so as to compel the Department to be ad- ministered upon more efficient lines. New Construction The excessive cost of maintenance and repair of the highways is, in part, due, in our .opinion, to faulty and inadequate methods of construction employed in the 756 Public Papers of Gtoveenoe SulzeS beginning of the good roads' developmeHt. These roads were originally constructed at great cost to the State, but the element of supplemental contracts en- tered largely into that cost: These supplemental con- tracts were caused partly through faulty specifica- tions, such as providing two inch foundation on soft soil, experimenting with patented materials, and a general lack of systematic knowledge regarding both the character of traffic required to be borne by these roads and the character of the soil upon which they were constructed^ In some of these old construction contracts, dating back to 1909 as well as continuing to the present time, we found supplemental agreements that completely changed the character of the construction and de- stroyed the competitive features of the contract. We fonnd one original contract for a road in Erie county, let in 1909 on competitive bidding for $16,000, the final payments to the contractor for the construc- tion of which was $41,676.81. ' ■ We found that several roads, constructed under such imperfect specifications, went to pieces within a few years and required reconstruction out of the main- tenance and repair fund. An example of this can be found in a road in Warren county that wa^ built in 1908 at a cost of about $50,000; repaired in 1910 at a cost of $5,000, and reconstructed under guise of repairs in 1912 at a cost of $50,000.' " We recommend ffiat no further new contracts for construction be awarded unless the plans for such con- struction are completely revised, so as to provide a form of constructiop suited to the character of the soil and the, volume of traffic, which the road will be 9alled upon to sustain. And we fu^tlier reconajn;iend that only Removal Peoceedings and InviestigatiOns 757 such supplemental contracts as are required to com- plete the adjustment of the contract when the work is finished, or to provide for small emergencies, be tolerated. \- '.-''< - - Conclusion .:, The investigation of the Highway Department we regard as the most difficult, arid at the same .time one of the most important, problems we had to deal with. We felt it to be absolutely necessary to establish such facts as will lead to the inauguration of a system of highway construction that will secure for the people of the State the best roads that can be built, and sur- round the expenditure of the inbney to be derived from the new bond issue of $50,000,000 with such safe- guards as to guarantee absolute honesty and efficiency. We received a great number of complaints from citizens in all parts of the State, regarding new high- ways that had been built and repairs that were sup- posed to have been made. Each of these complaints was referred to the Department of Highways and the officials were required to make an explanation, under oath upon the witness stand. We invited the testimony of experts, issued a public appeal for the assjistance of citizens, took notice of newspaper complaints, and our public hearings on highway matters occupied about two weeks. We worked tinder the necessity of making a report to the Legislature in tinie so that fu^ds can be appro- priated to begin the work of repair as soon as the weather will permit, and on this account we have trip4 to concentrate our attention chiefly upon the financial problem, and upon the methods of administration, rather than seeking to discover specific instances of wrongdoing. It is possible that. there are specific in- 758 Public Papers of Goveenoe Sulzee stances of wrongdoing to be discovered, but we feel that the work we have performed is of more enduring value. We, therefore, have suggested that these mat- ters be referred for examination to another agency, and we understand that this suggestion has been adopted. LEGISLATIVE AND JUDICIAL We have given no consideration whatever to the ap- propriations desired in connection with these two branches of the State government, as we have no juris- diction over them, they being co-ordinate branches of the government. MISCELLANEOUS All through the appropriation and supply bills are a number of miscellaneous items covering State lands, reservations, parks and buildings, and we have care- fully gone over the items asked for in connection with these matters and have made our recommendations in connection therewith in the appropriation bill and supply bill. We do not deem it necessary to encumber this report, with recommendations in connection there- with, and full information as to our action can be had by examining these bills. STATE INSTITUTIONS AND SPECIAL BILLS AND APPROPRIA- TIONS CONNECTED THEREWITH In the budget submitted to the Comptroller appro- priations are asked for buildings and additions to ex- isting buildings to the extent of the sum of about $10,000,000, and these divided into departments are as follows : Health officer, port of New York $1,953,000 00 Prisons 1,807,200 00 State hospitals .' 3,740,625 00 Charitable institutions 2,007,224 50 Long Island Agricultural School 704,500 00 Removal. Peooeedings and Investigations 759 There are also now before the Legislature, bills lor a number of agricultural schools in different sections of the State, and a large number of demands, for other public buildings, amounting to several million dollars more. During the past few years the State has, by legisla- tion, in a way, committed itself to the following new institutions : 1. State Industrial Farm Colony for Tramps By chapter 530 of the Laws of 1912 an appropria- tion of $100,000 was made by the Legisla-ture, and the board of managers of this institution was authorized to enter into contracts not exceeding in the aggregate $500,000, for the construction of buildings and the pur- chase of a site. The total cost of this institution will be oyer $1,000,000. This is the first institution of the kind to be at- tempted in the United States, and if the scheme is car- ried out it will commit the State, not only to a largjB expenditure for the construction of buildings, but to a large maintenance cost in connection therewith. We believe it is unwise for this State to take the initiative in committing itself to such an enormous expense in connection with this handling of this class of people, and that this project ought to be abandoned and the law repealed. 2. Prison Farm for Women This institution has purchased a large tract of land, and the plans call for the expenditure of $3,000,000. The object, as stated in the act, is to provide an institu- tion to which women over thirty years of age, who have been convicted five times in the last two years, should be committed. 760 P'tfBLIC PAfEKS OJ? G^OVEE^^OE SULZER While the purpose of providing some place for these unfortunate women is worthy of consideration, yet we do not believe that the plan proposed of pitting them upon a farm, and especially the plan proposed of such an enormous expenditure for the housing of the num- ber of inmates who may be committed, justifies the State in going on with this enterprise without further careful investigation. 3. Letchivorth Village The purpose of this institution is undoubtedly an admirable one, to build near the city of New York, at a cost of about $3,000,000, a lar^e' institution for the unfortunates who are noW committed to up-State places. A large amount of money has already been appropriated, but has not been expended, and this in- stitution is being built upon the cottage plan of caring for inmates. While this plan may have certain gbod features, yet the investigation that we have "made leads us to believe that the initial cost of building on the cottage plan is treble that under which similar institutions , have been constructed in the past, and that the cost per capita of maintenance will also be verj' high. We believe that the matter ought to be carefully studied from, all viewpoints before large additional appropriations are made. 4. Yorktown Heights This is an institution for boys. It is also proposed to be built upon the cottage plan, and the same inves- tigation, we believe, should be made in connection with this institution as to Letchworth Village. The cost of this institution will be over $2,000,000. Removal PBOCBEDiifGS axd L^vpstigations 761 5. Mohanfiic State Hospital for Insane ■ Very large appropriations have been made for this hospital in the past, but there has been great delay in proceeding vfith. the work, which to us seems to be in- excusable. This institution undoubtedly should be completed: as soon as possible, as it will be a relief to the congested conditiqns in connection with the New York city hospitals for the insane, but ther,e is such a large amount of money unexpended at presei^t that we do not believe a new appropriation should be made until the work in progress is more speedily hastened. We also believe that a study should be made as to whethe,r or not this institution caimpt be grea,tly in- creased so as to care for a larger number of inmates than was contemplated when its C0;nstruction was be- gun, as it is the experience that thifr larger number of inmates that can be taken car^ of, the less is the per capita and overhead charge. 6. Ufica State Hospital This hospital is located in the heart of , the city X)f Utica. There has been a desire by a nurnjber of the people of Utica to build a new hospital outside of the city limits and abandon the present hospital therein, and an appropriation has been made for the purchase of land in' connection with building a new hospital. The present Utica Siaie Hospital is a first-class in- stitution, complete in ,all respects and able to care for the inmates confined therein, and tlie doing away with this hospital would be destroying the State's property now in existence aiid in use. We do not believe that aiiy additional appropriation should be made for the new hospital until the whole question as to the future policy of State hospitals is considered. 762 Public Papers of Gtoverwob Sulzer 7. Proposed New Hospital near New Fork City It is proposed to build a new hospital near the city of New York on what is known as the old Creedmoor rifle range site. This land is a long narrow strip with. a wide parkway in the center, is not adapted at all for the proper grouping of buUdings, and the value of land in the vicinity is so high that to purchase additional lands in connection therewith would be to entail enor- mous cost. Both at Kings Park Hospital and at Central Islip Hospital the State is the owner of very large tracts of land, and, if in addition to the new hospital at Mohan- sic, it is necessary to provide further hospital facilities, we believe that the question should be studied as to whether or not additions should not be constructed at Kings Park or Central Islip, whereby the overhead charges will not be increased. We recommend that no appropriations be made in connection with the pro- posed Creedmoor site, but that the land, which is of great value, be sold and the avails be used either at some other site or in connection with additions to Kings Park or Central Islip. 8. Great Meadow Prison This institution is now nearing completion, but there has also been great delay in constructing and finishing the buildings. An appropriation was made last year of $630,000, and we understand this will provide for a complete unit for the prison. Large additional ap- propriations, however, are asked for this year in con- nection with this institution, but we believe that the present buildings should be completed before any np>y appropriations are made. EbMOVAL PfiOCBEDINeS AND INVESTIGATIONS 763 9. Sing Sing Prison For several years past there has been agitation in favor of building a new State prison near the city of New York. A site was first procured near Bear ]!4(0un- tain, which was abandoned, and later a site was pur- chased at Wingdale, where construction contracts were awarded, but this site has also been abandoned. The proposition is now made that a new prison ought not to be built, but that Sing Sing should be remodeled and reconstructed. We do not believe that Sing Sing Prison, on account of its small area, is a proper place for the expenditure of any large amounts of money for new construction, and that, if it is necessary after the prison at Great Meadow is inaugurated to build a new prison, that this matter should again be given the most careful consideration. 10. Long Island Agricultural School An appropriation has heretofore been made of $100,000 for the purchase of land in connection with the establishment of a secondary agricultural school of education on Long Island. This year an appropria- tion is 9,sked for $704,500 for buildings. We have heretofore dealt in our report with the questions relating to secondary schools of agriculture, the lirditing of these schools to purely secondary work, and the keeping of the cost of buildings and mainte- nance down to as low a figure as possible. The State's expenditure in connection Avith agricultural schools is growing by leaps and bounds, and there is a continual demand upon each Legislature for the building of a large number of similar schools. The demand for this school is so large that we believe the most careful con- sideration should be given as to the question relating 764 PuBLric Papers of Governor Sulzer to the character of the school to be erected, the class of work which it is to teachj and the number of students that are liable to attend. In the other secondary schools of the Stdte the attendance has been found to be limited in number, although several of these schools have been established for several years. 11. State Office Bwildmgs In the city of Albany there are now a number of departments located in quarters outside of the Capitol, and the same situa^tion also prevails in the city Of New York and in the city of Buffalo. There is no doubt that the State would be financially benefited if suitable oflSce buildings, at not too large expense, were erected, and that the rentals now paid would easily pay the interest and sinking fund charges in connection with such institutions, and this matter should be carefully and thoroughly investigated. 12. State Fair at Syracuse The State Fair at Syracuse has grown to be a very successful State institution. A large amount of money has been expanded,, and the general plan for the future development of the State Fair has been laid out, in- volying the erection of a numbesr, of new buildings and the rearranging qf present structures in harmony therewith. Demands have been made upon the Legis- lature this year for large appropriations to carry out this project. The plan ought to be completed in the near future, as the State Fair, in a way, is earning a large amount of money upon the investment. We be- lieve, howevel-, that the moneys in connection with this proposition should be raised from the sale of bonds. Removal Peocbedings and Investigations 765 The foregoing statement shows the tremendous de- mands upon the State for new institutions and build- ings, and foreshadows a large increase in State expend- itures in the future for maintenance in connection therewith. It is impossible for anyone, under present conditions, to fairly determine, to what extent the State should commit itself to the policy of these institutions, and the amounts that should be properly: appropriated in connection with their buildings. The State 's finances prohibit the expenditure in any one year of any amount sufficient to complete the institutions within a reason- able. time. We are, therefore, of the opinion that the entire matter relating to the construction of new institutions and buildings should be taken up by the Legislature through a committee to be appointed by it, such com- mittee having the power to employ the necessarj' ex- pert assistants, and we would recommend that such a method be adopted. When the Legislature has thus made a careful study of the situation as a whole, we are of the opinion that then the entire proposition should be subinitted to the people of the State for decision as to whether they desire to enter upon the policy of building these insti- tutions, and the amount of money which they are will- ing to expend in connection therewith. AMOUNTS RECOMMENDED FOR REPAIRS TO STATE INSTI- TUTIONS State Hospitals We recommend that an item for general repairs on all State hospitals be allowed of $250,000, with the right of the State Hospital Commission to apportion, this amount among the different institutions according to their actual needs and necessities. 766 Public Papers of Goveknok Sulzer With this amount practically all the other items in connection with the State hospitals can be eliminated except the following, which should be provided for in a special bill. Central Islip rurnishings and equipment for the dining room build- ing $15,000 00 New boilers, north colony 11,000 00 $26,000 00 Gowanda New boiler $7,500 00 Hudson Biver Furnishings for new additions $5,400 00 Coal and ash handling apparatus 3,670 00 $9,070 00 Kings Park Elevators for new buildings $13,200 00 Extension of vacuum heating plant 50,000 00 Screening windows and doors 2,000 00 $65,200 00 Rochester Ice house $2,500 00 New plumbing, north building 10,000 00 $12,500 00 State Board of Charities Western House of Refuge for Women, Albion Miscellaneous repairs $3,000 00 Eemoval Peoceedings and Investigations 767 New York State School for the Blind, Batavia Conduit and piping between boiler house and new- building $7,000 00 Equipping new building 3,000 00 Increasing boiler capacity and repairs to boiler plant. . 4,006 00 Miscellaneous repairs 1,000 00 $15,000 00 New York State Soldiers and Sailors' Home, Bath Miscellaneous repairs, additions and betterments $15,000 00 New York State Reformatory for Women, Bedford Miscellaneous repairs and betterments $3,000 00 New York State Reformatory, Elmira Miscellaneous repairs $6,000 00 Furnishing and equipping hospital 1,500 00 Herd of tuberculin-tested cows 3,500 00 $11,000 00 New York State Training Schools for Girls, Hudson Electric feeder cable to new school house and cottages. $4,000 00 Equipment for new school house 5,000 00 Miscellaneous repairs and new equipment 4,000 00 $13,000 00 State Agricultural and Industrial School, Industry Miscellaneous repaii-s and betterments, including sewage disposal $8,000 00 768 Public Papers of Gtoveenoh .Sulzek Thomas Indian S'chool, Iroquois Constructing corridors between the Administration Building and Dining Hall, between Dining Hall and Dormitory No. 1 and between Dormitory Nq. 1 and Dormitory No. 2, and Dormitory No. 2 and School, Building , $10,000 00 Equipment and furnishing for school building 1,000 00 Miscellaneous repairs ■. 2,000 00 $13,000 00 Eastern New York Reformatory, Napanoeh Miscellaneous repairs and equipping, school rooms. . $4,500 00 New York State Custodial Asylum for Feeble-Minded Women, Newark Two additional boilers, fittings, connections and instal- lation ■■ $7,000 00 Trunk sewer 2,000 00 Miscellaneous repairs 3,500 00 $12,500 00 New York State Woman's Belief Corps Home, Oxford Miscellaneous repairs $2,500 00 New York House of Refuge, Randall's Island Misoellaneous repairs $2,000 00 New York State Hospital for the Treatment of Tuberculosis, Bay Brook Enlargement of toilet sections $3,000 00 Miscellaneous repairs and additional equipment...... 3,000 00 $6,000 00 Removal Proceedings and Investigations 769 Rome State Custodial Asylum, Rome Enlarging bakery building $5,000 00 Toilet sections for building " G," wards 4 and 5. . , , . . 2,500 00 Miscellaneous repairs 2,500 00 $10,000 00 Craig Colony for Epileptics, Sonyea Miscellaneous repairs, equipment and plumbing $6,500 00 State Institution for Feeble-Minded Children, Syracuse Miscellaneous repairs and equipment for laundry and kitchen ; $7,000 00 New York State Hospital for Crippled and Deformed Children, West Haverstraw ^Miscellaneous repairs $5,000 00 Letchworth Village Miscellaneous repairs $5,000 00 Purchase of machinery, horses, cows, wagons, oxen and farm tools and implements 4,000 00 $9,000 00 YorktowH Height's Farm stock, tools, equipment and seeds $3,000 00 Telephone system 1,200 00 Miscellaneous repairs and betterments '. 4,000 00 $8,200 00 State Prisons. Included in the items allowed in the appropriation bill is a lump sum of $840,000 for maintenance and repairs of the prisons of the State, and this we believe is sufficient to take care of the ordinary repairs neces- sary to keep the prisons in condition. 25 l.ZO PUBUD PaBEES OB- GoVEKIfOB SPLZEE The only items in ad'ditieM tfcat we tbink ought to be aWowed are for Matteawan Hospdtal for CrimJBal Insane, for th-e f oll'omng items : FewBoilers $9,000 00 Dining room and kitchen for women's building now undergoing construction 25,000 00 New artesian well 2,000 00 $36,000 00 We have prepared a special bill, making appropria- tions for the above items, and recommend that all other special bills in connection with State hospitals. State charitable institutions, and State prisons be. not approved. LEGISLATION SUBMITTED As a result of our investigations, and for the pur- pose of effectively carrying out the recommendations which we propose, we have submitted, and herewith Siubmit the following bills, and urge their adoption.: 1. An act to create a Department of Efficiency and Economy. 2. An act to establish a State Board of Estimate. 3. An act to establish a State Board of Contract and Supply. 4. An act amending the Exedutive, Law, giving to- the Comptroller the audit of all accounts. 5. A companion bill to the last act, to further the accomplishing of the same purpose. 6. An act to increase the taix upon motor vehicles. 7. An. adi to increase the stodt transfer tax. &; An aeti to raisi® additioEcal^ revenues throiu^ the Agniealtuiiralf BepartmemiJ of ths Sitate. 9t AHiact to pojoviide- free text, books thnoflghdOit the State. Eemoval Peodhiedttfgs and Investigations 771 10. An act to amend the Coaservatiem Law so as to ekange ifeke Conservation OomiQission from a three- headed ooinmissdon, as it'is now oonstituted, to a-siaigle^ headed commission. 11. An act to create out of the present ■Conservation Department a separate department of marine fl&keries, under the supervision of a Commissioner of Marine Fisheries. 12. An act to amend the Nmigation Daws, so as to reduoe the number of inspectors of steam vessels' from two, a'S now 3pTK)vided. by law, to one, and containing such regulations as to the duties of the inspector and his compensation as will result in greater Efficiency and economy. 13. An act to amend the State Finance Law, so as to make the fiscal year begin July 1st, instead -of Octo- ber 1st, and providittg that this change shall go into effect on the 1st -day of July, 1915. 14. An act to amend the State Finance Law, so as to regulate the subject of unexpended balances, now involved in soroe confusion, by providing that all unex- pended balances shall lapse and cease to be available at the end of the fiscal year for which the appropria- tions out of which the unexpended balances arise are made, subject to the power of the Legislature to pro- vide in the act making the appropriation for a different period durimg which the appropriation shall be avail- able. In order to avoid confusion in making this change in the law the act provides that its policy skalll not become operative until the let day of October, 1914. 15. An act to amend the Prison Law, so as io reax- rauge the State Commission of Prisons, now composed of -seven mtembers with a per diem charge for attend- ance 3iit meetings, etc., tO' &■ oommissioa composed of three members to be appointed by -the 'Governor, by 772 Public Papeks op Goveknob Sulzer and with the advice and consent of the Senate, at an annual salary of $5,000 each, and transferring to the Commission of Prisons as thus rearranged the powers and duties of the present State Commission of Prisons, the present State Board of Classification and the pres- ent State Board of Parole. 16. An act to amend chapter 613 of the Laws of 1910, in relation to the State Probation Commission, by transferring the powers and duties of the present State Probation Commission to the Commission of Prisons and abolishing the existing State Board of Probation. 17. An act to amend chapter 670 of the Laws of 1906, which created a commission to select and pur- chase a site for a new State prison in the eastern part of the State to take the place of Sing Sing Prison, by transferring the powers and duties of the commission authorized by said act to the Commission of Prisons, and abolishing the commission authorized by the act mentioned. 18. An act to appropriate $600,000 for the elimina- tion of grade crossings, $300,000 to be appropriated to the Public Service Commission for the First Dis- trict, and $300,000 to the Public Service Commission for the Second District. 19. An act .to amend section 454 of the Code of Criminal Procedure, in relation to the defense of in- sanity, so as to provide that in cases where the defense of insanity is successfully interposed a final judgment shall be entered upon the verdict rendered pursuant to the requirements of the section, and further requiring that the court must, if the defendant be in custody and it deems his discharge dangerous to the public peace or safety, commit him to the State lunatic asylum by an adjudication and order which shall be incorporated Removal Peoceedings and Investigations 773 in the judgment to be entered upon the verdict, and making such judgment final and conclusive and not subject to review except by direct appeal. This proposed legislation is intended to make the verdict of the jury acquitting a defendant on the ground of insanity and his commitment; under such verdict, in case he shall be committed, a final judgment which shall prevent any attempt by writ of habeas corpus, or otherwise, to review that determination, except as it may be reviewed upon a direct appeal from the judg- ment. It is our opinion that this legislation will estab- lish the status of an insane person acquitted because of insanity and committed to the lunatic asylum be- cause his liberation would be dangerous to the public, so that the transparently inconsistent position of such a defendant that he was not insane when committed may not be made the subject of review in numerous habeas corpus proceedings after his commitment. 20. An act to repeal chapter 255 of the Laws of 1909, which empowered the Commissioners of the Land Office to adjust the claim of the Cayuga Nation of Indians. The act sought to be repealed was, in our opinion, improvident legislation. The course of pro- cedure under the act has fully demonstrated this criti- cism. When the claim was presented to the Commis- sioners of the Land Office, pursuant to the act, the commissioners decided that the claim had no legal basis, and it, therefore, rejected the claim. An appli- cation was then made to the Supreme Court for a writ of mandamus to compel the Land Board to make an award under the statute upon the theory that the Legislature had established the claim by the act in question and left the Commissioners of the Land Difice only the question of determining the amo-unt of the claim within the amount prescribed as the maximum 774 'PiTBLie Papbks of i&ovieewor Sulzek in ike act. The writ of maM'dasaus was ■dsnied at ike •Special Term, feiat reversed by a'diivi'died court in the Appellate Division, an-dtlaat Teversal sustained by a divided conrt in theiCoTartof A|pp!eal's. Tiie result of the litigation, practically, was that .the courts deter- mined tkat th-e Legis'latnTeli'ad^eteMiaiiired the validity of the ©ilaim and Mt to the Commifisioners of the Land Office only the deternmiati'Oii within 'the maximum amount preseTi%e<3. Of the 'amount to be awarded under this determination of the -eourts, the Commis- sioners of the Land -Office have n'ow made an award out of respect f-or the decision of the coiirts, 'but with- out changiTig itsview'that the claim rests upon no l-egal basis. It is apparent that the Legislature which passed the act in question did not tsontem^late any such result. If the claimant has any valid claim against the State the most that the Legislature should do is to authorize the submission of the merits of tie claim to the proper and usual determination of the Board of Claims for the purpose of having the merits df the claim ascertained and determined. No appropriation has thus far been made for the paym.ent of any award in this matter; theirefore, it is within the diseretiou of the Legislature now in session to rearrange and readjust this inatter according to its judgment as to what is the proper legislative policy under such eireumstanees. Our recommendation is that the law should be repealed, and that if any legislation is desired upon this siftjeet it should be only such legislation as will submit the validity and merits oftiie claim to the Board of "Claims for trial and dTitermination in the usual course. This will avoid the imputation which itie decision trf the courts has placed upon the act in queBtion that the Legisla;ture intended to give to the claimant, Tvithout Remgval PHocEEDrsrGs AND Investigations 775 regard to the Talidity of its claim, such' amonant as tni^f be ftxedhy the Conmiis'sioii'eTS of the Land ©ffice, who were not given any power' to' de-'te^niine the valid- ity ormerits of the cMiin itself. ''- 21. An act to repeal chapter 564- of th'e*^]laws'of' 1910' and its amendatory act, chapter' 25ti- of the LaAVB of 1911, which cefhstitiate special legislation restricting the- application of the- generaP Highway Law ef the State in certain special localities. The language of the original act was apparently general, but in reality ap- plied' to only one special locality. The langauge of the amendatory act was more general but to the same effect. The reason for such special legislation in dero- gation of the general policy of the &tate, as expressed in the general Highway Law, is not apparent. 22. An act to create a commission to revise the Banking Law and making an appropriation therefor. 23i An act to amend the Banking Law in relation to books and aecb-u-nts of corporations organized under it. 24. An act to amend the BankingLaw in relktion to the powers of the Superintendent of Banks. '*-■' 25. An act to amend the Banking Law in relation to loans by a corporation organized under the Bknking Law to its incorporators or shareholders to enable them to pay for, hold or purchase the shares' of such corporation. l^'' 26. An act tO'anaettwKtIle IBkbking Law in relation to examinatfoingiBy'lWards ©f' directors of banks and trust companies as&d reports tfa»re®f . 27. An act to aui'endHhe Banking Law in relation to the purchase of notes, bonds and other- ^idenees- of indebtedness secured by mortgage' or' other lien upon real estate upon which there is any prior mortgage, lien or encumbrance. 776 Public Papers of Gtoveknoe Sxtlzbe 28. An act to amend the Penal Law in relation to the misconduct of officers, directors, trustees or em- ployees of banking corporations. 29. An act to amend the Penal Law in relation to falsification of books, reports or statements of cor- porations subject to the Banking Law by an officer, director, trustee, employee or agent thereof. 30. An act to amend the Printing Law whereby it is intended to give to the State Printing Board power to systematically and economically provide for various printing contracts under which the State printing is to be done. 31. An act to increase the fees paid to the health officer of the port of New York. 32. An act to repeal the act providing for a farm and industrial colony for tramps and vagrants. 33. An act to repeal that part of the Public Health Law providing for the appointment of a board to ex- amine feeble-minded criminals and defectives. 34. An act making appropriations for constructions, improvements, repairs and equipment at various State institutions. 35. An act to amend chapter 445 of the Laws of 1912, repealing the provisions of the Health Law in relation to operations for the prevention of procreation. Respectfully submitted JOHN N. CARLISLE JOHN H. DELANEY H. GORDON LYNN Committee of Inquiry John T. Norton Counsel Removal Peoceedings and Investigations 777 Proceedings for the Removal of the Sheriff of the County of Suffolk Notice and Summons State of New York — Executive Chamber In the Matter of the Charges Against Melville E. Brush, Sheriff of the County of Suffolk NOTICU and summons To Melville E. Brush, Sheriff of the County of Suffolk: You are hereby notified that charges have been pre- ferred against you, and that your removal from the office of sheriff of the county of Suffolk thereon has been asked by I. D. Luce and George E. Lucei, repre- senting the Town Agricultural Society of Riverhead, Long Island, N. Y. A copy of such charges is herewith served upon you. I hereby fix the 4th day of February, 1913, at 12 o'clock noon as the date on or before which your answer to said charges shall be filed with me ; and you are further notified that on said 4th day of February, 1913, or on such later day or days as may be appointed by me, you will be afforded an opportunity of being heard in your defense. In witness whebbof, I have hereunto set my hand and affixed the Privy Seal of the State [l. s.] this twentieth day of January in the year of our Lord one thousand nine hundred and thirteen. (Signed) WM. SULZER By ihe Governor : Chester C. Platt Secretary to the' Governor ' 778 Public Papeks of Govebnor Stjlzer Appointment of Commissioner to Examine Into Charges PiBBiFEEHED Against Melville E. Bbush, Sheriff of the County of Suffolk State of New York — Executive Chamber Before the >GrOJV!BS!isp0R : In the Matter -of the Charges Against Melville E. ''Brush, Sheriff of the Cx)'Mity of Suffolk APPOINTMENT OF COMMISSIONER Charges having feeen filed -with, me on the 16th day of January, 1913, by I. D. Luce and (reorge E. Liice against Mel'dlle E. iErvush, eheriff of th« leemnty d£ Sjiiffolk, with a petitioa that h«.be removed from ■his office as sheriff of -Suffolk county, and a copy thereof ;haviag te«n .served upon said sfoeriff, mho ,has ;filed !an answer deayin^ said ehargea, Now, THEREFORE, Pursuaut to the .statutes in such case umade and provided, I .yM., ,3XILZEK-- By the Governor : i . , i . . , , , Cb3BStee. C, Platt Secretary to the Governor Ebmoval Peocbbdings awd Investigations y79 Govbbngh's Opinion, Decision and Oedbb op Bemoival State of New York — Executive Chamber In the. Matter of the Charges of MehiUe^ E. Birush, , Sheriff of Suffolk County Opinion of the Goveenoe On January 16, 1913, charges were filed against Mel- ville E.. Brush-, sheriff of the county of Suffolk, State or New York, hy George E. Luce, I. D. Luce and Thomas P. Brennan, citizens of said county,, together with a certain presentment duly made and. filed by the grand jury, Supreme Court, sitting in and for the county of Sufifolk, at the January, 1913, term thereof, with the petition that he he removed from his ofEce of sheriff of the said county of Suffolk. On the 20th. day of January,, 1913, a notice and sum- mons, together witk a copy, of the charges, were duly served upon said Melville E. Brush, sheriff of the county of Suffolk, at Riverhead, N. Y. The notice and summons was returnable on February 4, 1913. On February 4, 1913, said Melville E. Brush, duly made and filed his verified answer to said, charges and on February 4, 1913, tB.e Governor appointed Willis Bruce Dowd, Esq., of the city and county of New York, a commis&ijoner toiexaiiifline th€! wi'tneases' and take tes- timony as to thft truth of said charges. Said commis- sioner was directed to. report to the Goivernor said testimony and. hig, findings of,; the material, facts deemed by him to be estaiblishe(p,;,in connection, with said charges, togfi.ther with his Gonclusioath^repii,. , Ota April 1^ 1913,, WiUi^ Bruce Dowd, Esq., as sin^h commissioner, made his report on., the char.ges..as.filed^ Melville E. Brush was duly elected sheriff i of,, the county of Suffolk in November, 1911, and took office 780 Public I'apebs of Gtovbknor Sulzeb January 1, 1912, and his term will expire December 31, 1914. The new county jail had been erected at River head, Suffolk county, N. Y., and as appears from the report of the State Commission of Prisons for the year 1911, the building was sufficiently completed so that it could be occupied, and was occupied, on Feb- ruary 8, 1911. The said report states at page 238, concerning this jail: " The jail is constructed of light colored pressed brick, trimmed with Indiana lime stone. It is absolutely fireproof; the inside is finished with enameled brick throughout. It is a modern jail in every respect and the most complete equipped of any jail in the State and is' a credit to the county. The total expenditure for the plant was ahout two hundred and nine thousand dollars. " The women's jail is entirely separate from the men's and consists of three departments of five cells each. There are also separate depart- ments for juveniles, witnesses and debtors and two large hospital rooms." In this case I have taken much time and given great care to examine the testimony, covering nearly nine hundred pages, taken before Commissioner Dowd, together with all the exhibits and other papers in this proceeding, and after careful consideration, am unable to agree with the conclusion of the learned commissioner that the charges have not been substan- tially proved and that they are not serious and sub- stantial in character. Removal. Pboceedings and Investigations 781 I consider the charges amply supported by the testi- mony taken before the commissioner, and the evidence taken convinces me that the administration of the sheriff's office, and of the county jail of Suffolk county at Riverhead, N. Y., under Melville E. Brusfc, as sheriff of such county, was inefficient, incompetent and negligent, and that in the respects charged, he failed to perform the duties and obligatioiis imposed upon him by law, as sheriff; and by his nonfeasance he has so conducted the administration of this highly im- portant office in a manner that requires the most severe condemnation. The State Constitution itself, as well as the statutes and laws, have been openly and j3agrantly violated by Sheriff Brush and, in addition, through the wholly inexcusable mismanagement of his office there have been unwarranted escapes from this jail, characterized by the Prison Departrnent as the best equipped county jail in the State of New York. , The escape of Esther Ha,rris from such jail on or about December 9, 1912, on the very morning of her trial is admitted and it concededly occurred through the careless management of the jail. Without going into unnecessary details, the conduct and treatment of this particular woman prisoner with the knowledge of Sheriff Brush was entirely inexcusable and in viola- tion of the law and his duties as sheriff, and is suffi- cient cause alone to convict Sheriff Brush as incom- petent further to. administer the duties of his high office. The attempted excuse made by the sheriff that he did not personally know of the favors accorded to this woman, merely emphasizes his incompetence. Under section 182 of the County Law, the sheriff has the 782 Public Papers of- Gtovebnok Sulzer peWer and authority to appoint his own deputies, aind from a I'eg-al, as well' as an' adtninistratiTe staindpoint, lie is responsible for the aets €»f his suboirdinates. He should exercise, at all times, a proper and sufficient vigilance to require that prisoners lodged in the best eqitip5ped and most modern- county jail in the State are not afforded facilities for practically walking out of such a jail' with* perhaps the aidt and asisistemce of the turnkey or waardens. The presentment of the grand jurysta/tes: " Her escape was due to the- incompetency and inefficiency on the part of the sheriff and his sub- ordinates in charge of said jail and particularly do we criticize and' condemn the sheriff and the management of said jail in that the female pris- oners confined therein were not locked in their cells at nigiit* that thre unwarranted and' unfair preferences were shown to Esther Harris; that the extreme carelessness was displayed' on the part of the keepers of the jail in reference to the safe-keepin:g of jail keys; that a child (one Hekn Newton')' of about fourteen yeaTs of age was per- mitted, unattended, to visit WTMhien prisoners and use for such purpose j'ail keys ;' that the improper conduct has been shown on the p^art of Harry J. Newton, the turnkey of said jail^ in receiving and sending for female prisoners, articles of jewelry and other personal' property; there has been great lack of due diligence in searching of prisoners upon their admission to said jail and proper re- gard has not been had in searchin:^ of mail sent and received by pri&otof^rs; th-at in' gen«ral, there has been a,' lack of compe^ewey- and effieiency in the maniag'em'ent and conduct of said jail and of the public officers in charge thereof." EEiSiaYALi PbOCEEDINGS AKD IsrViESTIG&TIONS 783 Not lonljtidioes tiie record eoneede tiiarfc this prisoner, Esther Harris, escaped, but six others have mad>e thieirescappe from this particBilar jail dainiEtg the t-erm •of .fiheniff Brush, who offers the ridicndiDus excuse of faulty constTuction lorf tliis Jail. Hiis condact in this respect moiates section '92 of the County Law, which provides as follows: " Each sheriff shall receive and safely lceep,ih the county jails of his county, evBTy person law- fully t;©Tnmitted to his custody for safekeeping, examinaiiion or trial, or as a witness, or com- mitted for conieinpt. He shall not, without law- ful authority, let any such person Qut of jail." I can oojieeive of no legal :or reasonable justification that can, or has been made, by Sheriff Brush ©f this gross liwooapetenoe in this . moist important ■ daity of seduDely canfiniiiig prisoners committed to his care, HisadministEationinithis and ©ither respects is highly diaereditable. The presentment mt&ie grand jury recommends a. dismissal of alisirbbiirdi'nateB now employed (January, 1913 j) >by. the (sheriff ^as joffieers of said jail. ' jA.n examination of Ahis record diseiioses that al- though some of the .persons censured by the igrand gury were disoha^ed' ■ from their particular offices, nevertheless, this sheriff has continued some of them ufion., his payroll as tdfipsjisty sheriffs,-, one of whom, at ieae^A since .hi«' purported Oedee of Removal feom Office State of New Yok-ic — Exb.gutive; Chamhbjr In the Matter of the Charges against Melville E. Brush, Sheriff of Suffolk County oedee of eemoval feoh office Charges having been, preferred against Melville E. Brush, sheriff of the county of Suffolk, by George E. Luce, I. D. Luce and Thomas P. Brennan, citizens of said county, together withia certain presentment of the grand jury held in and for Suffolk Gou|ity during January, 1913, and a copy of said charges having been duly served upon and delivered to said Melville E. Brush ; and he having thereupon been given an oppor- tunity of being heard in his defense before a commis- sioner appointed by the Governor ; and he having been heard in his defense before such a commissioner in 788 Public Papers or Goveekob Stjlzee person and by counsel, and the witnesses produced by him having been duly examined, Now, THEEEFOEE, After due consideration of the said charges against Melville E. Brush, and after careful consideration of the answer filed by the said Melville E. Brush, and of the testimony taken before the said commissioner and the report made and filed herein concerning the matter by said commissioner and of all the facts and circumstances herein and all the proceed- ings heretofore had herein, it appearing to my satis- faction that the said Melville E. Brush has been in- efficient, incompetent, derelict and neglectful of duty in his office of sheriff of Suffolk county. State of New York ; and that the charges in that respect are true and that the public interest requires it, it is hereby, pur- suant to and in accordance with the authority vested in me by article X, section 1 of the Constitution of the State of New York, Oedeeed, That the said Melville E. Brush be and he hereby is removed forthwith from the office of sheriff of the county of Suffolk, State of New York. GrivBN under my hand and the Privy Seal of the State in the Capitol in the city of Albany on • ■ [l. s.J the twenty-eighth day of April in the year of our Lord, one thousand nine hundred and thirteen. (Signed) WM. SULZER Bj' the Governor : Chestee C. Platt Secretary to the Governor Ebmoval Procebdings and Investigations 789 Proceedings for the Removal of the Sheriff of the County of Schenectady Notice and Summons State oe New Yoek — Executive Chamber In the Matter of the Charges against Christian L. Staver, Sheriff of the County of Schenectady NOTICE AND SUMMONS To Cheistain L. Staver, Sheriff of the County of Schenectady : You are hereby notified that charges have been pre- ferred against you, and that your removal from the office of sheriff of the county of Schenectady thereon has been asked by William L. Flynn, John H. Collins, Archibald Bathgate, William H. Young, William J. Turnbull, William Dobermann and John H. Veeder, supervisors of Schenectady county. New York, com- posing the committee of correction and reformation of said board of superviS'Ors, acting for and at the request of said board. A copy of such charges is herewith served upon you. I hereby fix the 18th day of February, 1913, at 12 o'clock noon as the date on or before which your answer to said charges shall be filed with me ; and you are further notified that on said 18th day of February, 1913, or on such later day or days as may be appointed 790 Public Papees op Goveenok Sulzee by me, you will be afforded an opportunity of being heard in your defense. In witness wheebof, I Have hereunto set my hand and affixed the Privy Seal of the State [l. S.J this sixth day of February in the year of our Lord one thousand nine hundred and thirteen. j (Signed-) WM. SULZEE By the Gfovernor : Chestee C. Peatt Secretary to the Governor Albany, February 18, 1913 Cheistian L. Stavee, Sheeiff of the County op Schenectady, Files Answer to Chaeoes ?£■£- peeeed Against Him. Sheriff Staver' and his attorney, Mr. Levy, of Schen'ect^dy; together- with Alexander T. Blessing, the district: attorjiey, and James C. Coojperj the county at- torne^y of Schenectady county, appeared before Gov- ernor Sulzer in the Elsecutive Chamber at 12. o'clock no,on. on February 18,, 1913. Sheriff Staver filed, a verified answer to the charges made, which answer specifically denies each and every of th* charges and petitions the Grovernor to appoint a commissioner to give Sheriff Staver an opportunity to present, his witnesses in regard to tlie facts. Governor Sulzer accepted and'fil'ed the answfer of tlie sheriff and advised him- that he would appoint a com- missi'oner" to taike the evidence regarding the charges an'dmacke reporit® th-e Govemoir with his opinion con- cerning the same. Eemdoval Pikooeedings and Investigations 791 It is believed that the .fiust heamng before Commis- sioner Shea will take place in Schenectady on about March 3, 1913. Appointment of CoMMisBiosrEE to Examine into Changes PfiBPEBEED Against Christian L. Stavee, Sheeipf of the County of Schenectady State of New Yoek — Executive Chamber Befoee the Goveenoe : In the Matter of the Charges against Christian L. Staver, Sheriff of the Co^mty of Schenectady appointment of commissionee Charges having been filed with me on the sixth day ■of Fehruary, nineteen liundred and thirteen, by William L. Flynn, John H. Collins, Archibald Bath- gate, William H, Young, Willj,am J. TurnbuU, William Dobermann and John H. Veeder, supervisors of Schenectady county, New York, composing the com- mittee of correction and reformation of said board of supervisors, acting for and at the request of said board, against Christian L. Staver, with a petition that he be removed from Ms office as sheriff of Schenectady county, and a copy thereof having been served vipdVL said sheriff 'of Sehenectady county, who has filed an answer denying said charges, TsTow, thbeefoee. Pursuant to the statute in such case made and provided,' I do hereby appoint John W. Shea, of the city of 'Syracuse, county of Onondaga, a commissioner to examine witnesses and take evidence as to tinS'truth of said charges, and I hereby 'direct said CGinmissioner to 'report to me the said evidence and his findings of the material facts deemed by him to be 792 Public Papeks of Goveenoe Sulzee established in connection with said charges, together with his conclusions thereon. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany [l. s.] this eighteenth day of February in the year of Our Lord one thousand nine hundred and thirteen. WM. SULZER By the Governor : Chester C. Platt Secretary to the Governor Opiniok of the Goveenob in the Mattee of the tlHAEGES Peeferred Against Cheistiax L. Stavee, Sheeiff of the County op Schenectady State op New York — Executive Chamber In the Matter of the Charges against Christian L. Staver, Sheriff of the County of Schenectady OPINION OF THE GOVERNOR On February 4, 1913, charges were filed with me against Christian L. Staver, sheriff of the county of Schenectady, by the " Committee of Correction and Reformation " of the board of supervisors of said county, signed by William L. Flynn, chairman, and Archibald Bathgate, W. J. Turnbull, William H. Young, J. H. Collins and John H. Veeder, members thereof. On the 6th day of February, 1913, a notice and sum- mons, together with a copy of the charges were duly served by me, in accordance with law, upon said Chris- Removal PEOCBEDisrGS and Investigations 793 tian L. Staver, sheriff of the county of Schenectady, at Schenectady, New York. The notice ^nd summons were returnable on Feb- ruary 18, 1913. On February 18, 1913, said Christian L. Staver duly made and filed his verified answer to said charges, and on February 18, 1913, 1 duly appointed John W. Shea, Esq., of the city of Syracuse, county of Onondaga, New York, a commissioner, to examine the witnesses and take evidence as to the truth of the said charges, and to report the said evidence and his findings of the material facts deemed by him to be established in con- nection with said charges, together with his conclu- sions thereon. Hearings were had before said Commissioner, in the city of Schenectady, New York, at which hearings wit- nesses on behalf of the petitioners, and on behalf of said Christian L. Staver, duly appeared and were duly heard. On May 20, 1913, John W. Shea, Esq., as such Com- missioner, duly made and filed with me, his report, con- sisting of findings of fact, and his conclusion of law, together with his opinion in writing, concerning the matter, and transmitted therewith all the findings taken and the exhibits submitted at such hearings all of which I have carefully considered. Christian L. Staver was elected sheriff of said county at the general election held in November, 1911, for a term of three years. The opinion of the learned Commissioner to my mind is conclusive and his findings of fact, and conclu- sions of law, are amply supported by'the evidence in the record and are correct and meet with my approval. 794 FtTBLic Papers of Goveewob 'Stulzeh Ifecause of the exMaustivff amd ftorougli analysis and statement of the procefeffingS and evidence con- tiai'ned in the learned ConrniissionJer 's- opinion, and in his findings of fact and conclusions of law, I deem it unnecessary for me, in this cFpinibn, to set forth in re- view the fkotst^ iir this matter, ^ as T consider they are correctly and' amply detailed by th'e learned Com- mirssionaiei' — copies of which are hereby made a part of' this' memorandum^ I, myself, hafve made a careful independent exam- ination of the e"videnee taiken herein, the exhibits and the proceedings had, and I am fully convinced that the present sheriff is ckarly gurl'ty of misconduct in office, and his administration of the office of sheriff of the county of Schenectady, has not been in accoarddmce with law, and th'at the best interests of our citizens and the geiieral welfare of the State require me to super- sede him in said' office, by reason of the factS' disclosed in these proceedings, and accordingly, an oandier re- moviiig the said Christian K Staver farthwitli £f®m his office as Sheriff of the county of Schenectad}'^ will be made. ( Signed') WM. . SULZEE. Albany, Nhw Yoek, Jkne 4^ 1913. Removal, Proceedings and iNVESTiGATroNs 795 Oedee of Removal from Office of Cheistian L. Staveb AS Sheriff of the Oounty of ScHEfruCTADT State of New York — Executive Chamber^ In the MMter of the Charges Otgamst ^Christian L. Staver, Sheriff of the County of Schenectady order of removal from office Charges having been preferred against Christian L. Staver, sheriff of the oounty of Schenectady, by the " Committee of Correctioji and Eeformation " of the board oi supervisors of the said county, signed by William Flynn, chairman, and Archibald Bathgate, W. J. Turnbull, William H. Young, J. H. Collins and John H. Veeder, members thereof, and a copy of the said charges having been duly seryed upon and delivered to said Christian L. Staver ; and he having thereupon been given an opportunity of being heard in his de- fense before a Commissioner duly appointed by the Governor, and he having been heard in Ms defense before such Commissioner in person and by counsel, and the witnesses produced by him having been duly examined, Now., Therefore, After due consideration of the said charges against Christian L. Staver., and after careful consideration of the answer filed by said Christian L. Staver, and ; of the testimony taken bef oxp the said Commissioner and the report mxide and filed herein concerning the matter, by said commissioner, and of all the facts and cireumstances herein, and all the pro- ceedings heretofore had herein, it appearing to my satisfaction, that the said Christian L. Staver has been inefficient, inoomjpetent, derelict and neglectful of duty in his office of sheriff of Schenectady county, State of 796 Public Papers of Govbenoe Sulzee New York; and that the charges in that respect are true, and that the public interest requires it, it is hereby pursuant to and in accordance with the au- thority vested in me, by article X, section 1 of the Con- stitution of the State of New York, Oedbked, That the said Christian L. Staver be and he hereby is removed forthwith from the office of sheriff of the county of Schenectady, State of New York. Given under my hand and the Privy Seal of the State in the Capitol in the city of Albany on [l. S.J the fourth day of June in the year of our Lord, one thousand nine hundred and thirteen. (Signed) WM. SULZEE By the Governor : Chestbe C. Platt Secretary to the Governor State Banking Department and the Affairs of Northern Bank of New York On February seventh Governor Sulzer received from Wm. Duncan Cameron, of New York city, a state- ment or petition relating to the affairs of the Banking Department and the Northern Bank of New York. On February tenth the Governor transmitted a copy of the same to George C. Van Tuyl, Jr., State Superin- tendent of Banks, requesting him to examine and re- port as to the facts in the matter. Eeply, in part, of George C. Van Tuyl, Jr., State Superintendent of Banks: Fehruary 14, 1913 Governor Sulzer, to-day, made public the reply of George Van Tuyl, Jr., Superintendent of Banks, to the Removal Proceedings and Investigations 797 charges made by William Duncan Cameron on behalf of Joseph G. Robin, who, on his own admission, was convicted of stealing $27,000 from the poor depositors of the Washington Savings Bank. The Charges and the statement of facts submitted relate to the liquida- tion of the Northern Bank of New York, which was also controlled by Robin. The reply covers many pages of typewritten matter, and each charge is specifically answered. In part, Superintendent Van Tuyl wrote as follows : " Mr. Cameron criticizes this Department for what he characterizes as misdirected energy in ' pounding Robin.' Various suits have been instituted by this Department on behalf of the Northern Bank against Robin to recover large sums of money which were bor- rowed by Robin from the bank. Robin is at present contesting his liability upon these obligations. The issues presented by the pleadings in these actions will be litigated in due course. It is also contemplated by this Department to institute other civil proceedings against Mr. Robin as fast as it is possible to gather competent proof of the receipt by Robin of many hun- dred thousands of dollars of the assets of the North- em Bank, which passed from the bank into the ac- counts of numerous dummy corporations, organized under the direction of Robin and obviously for his benefit, and through which Robin obtained moneys from the Northern Bank without his name appearing as the actual borrower. "An amount of money considerably in excess of $1,000,000 was taken from the assets of the Northern Bank by means of these dummy corporations and by other subterfuges, and later used for Robin's benefit. "As to the responsibility of Mr. Robin to the people of the State of New York for violations of the crim- 798 Public Papers of GtovEKNOE Sttlzee inal law, this ■B'epatimm.t of 'oourse 'hae no respon- sibility 'except insofar ae the itreatmeilt @i Mr. iJobin at fhehanfls of the 'Staite a!ffeepartmeiTt deemed it to 'be its niuty to present to the district attorney of New York 43ounty certain facts based on the xecoTdB of the Northern Bank, 'Showing' the manner in which Mr. Eobin had oonflucted him'self as tbe oontrolling factor of this institution. These facts wepe presented to the district attorwey and Mr. Justice Seabury, at their request, so that the 'court might inform itseef ore imposing sentence upon Robin. Copies of su'ch communications are submitted herewith. " Mr. Cameron undou'bted'ly is 'unfamiliar with the facts as shown in these 'eommunications to the district attorney, otherwise he would certainly not be ' firmly convinced of Mr. Robin''B innocence.'' This Depart- ment is firmly convinced that it has ndt erred in its judgment of'tihe intentional and repeated' violations of the criminal 'law by Robin in N'orthern Bank matters. This 'belief is strengthened by the fact that the 'State Insurance Department, which had had occasion to in- vestigate Mr. Ro'bin 's transactions in other fields, has come definitely to the same 'conclusion. " It is, of course, possible that Mr. <]!anieron has been unintentionally misled by nominal depositors, w^hose ultimate purpose is not to realize •upon the assets of this 'unfortunate 'institution. It is difficult, however, to 'deJtermine to 'what extent Mr. Cameron may 'have' 'been misled in this matter; for, from the time of the first xjomia'uriicafi'on whi'di he has 'had with "this Department, he 'has never revealed who "his clients EeMOVAL PitOCBEDINftS AND> INVESTIGATIONS T^& were; wboeTer tfbese' elieivtsi may Ibe, tJieir ^smaiaids la"\a@' unifoonaaly -1)6611 directed' agairasife ttie fiTm of GiftiBd!, HoM)S' &• Beard,, -witlt. whonii EhKia- fe; in Mftfe gation, and' against wbieki ftrmi SobirL has: oamgedi aom- plaints to be lodged with th© district aittorney and tbe Appellate Division of ft©' SiipiieBBie Gourt THie' per- sonal dislKerences ©if Bobin EHidi Grifforrd eaaniMsIr firaimisii any JTistifiaMe esens© for this Deparfcmewfe ehariging the afssets of the Northern Bank' with' ■anwaiPBasnted expen'se. '■'"Mr: Cameron has beerr repeattedry toM* that this lyepartment "would be gikd at any time 'of the co-oper- ation of any d'ep©si 1908. - Moved and seconded that Messrs. Grifford, Hobbs & Beard 810 Public Papeks of Govbenob Stjlzek be paid at the rate of $1,000 per monith from January 20, together with any disbursements unpaid. Motion carried. Mr. Grifford not voting. Had Messrs. Crif- f ord, Hobbs & Beard relied upon these resolutions in asserting their claim and asked payment in accord- ance therewith, the amount of their recovery would have been considerably larger than that which was actually allowed them by Referee Hall, and later con- firmed by the court. " On or about May 31, 1912, Joseph G. Robin filed charges with the Appellate Division of the Supreme Court againsit the law firm of Rollins & Rollins, who represented the Banking Department at the time when this claim of Gifford, Hobbs & Beard was litigated, in which he alleged that this firm had not properly represented the interest of the creditors, etc., in con- nection with this claim of Gifford, Hobbs & Beard. The Appellate Division of the First Department in its opinion recently handed down dismisses these charges against the attorneys for the Banking Department and states in its opinion as follows : * As to the firm of Rol- lins & Rollins, we can see no fact alleged which would in the slightest reflect upon their professional char- acter.' ■ ' ' ' The fourth charge was : " That the Banking Department has neglected and refused to take such steps as are necessary to secure the assets of the Commonwealth Construction Com- pany for the payment of its debts to the Northern Bank and to the Bankers Realty & Security Com- pany, another debtor of the Northern Bank, complain- ant alleging that such assets were illegally diverted by one Charles A. Voetech, a clerk in the office of Messrs. Gifford, Hobbs & Beard. Removal Peoceedings and Investigations 811 "Among the assets of the Northern Bank of New York at the time when possession was taken by this Department, there were two notes made by the Com- monwealth Construction Company, one dated Novem- ber 12, 1910, due January 12, 1911, for the sum of $3,060, and the other dated December 2, 1910, due April 3, 1911, for the sum of $1,500. " The Commonwealth Construction Company was a corporation under the control of Robin, which was engaged in the business of road building. Its prin- cipal office was in the Times Building in the city of New York, adjoining Robin's personal office. So far as ascertained by this Department, the company was inactive and had no visible assets. " Investigation developed that there were three companies with precisely the same name and domi- nated by the same persons: ' Commonwealth Con- struction Company ' — one organized under the laws of New Jersey ; the second under the laws of Delaware and the third under the laws of Pennsylvania. The books of the Northern Bank contained nothing to in- dicate which company was the maker of these notes. " Inquiries were made of Robin and various officials of the Northern Bank, but no definite information was obtained. On or about September 19, 1912, Robin wrote this Department, calling attention to certain tes- timony taken in the matter of the Bankers Realty & Security Company, a bankrupt. This testimony, and the books of account and corporate records of the sev- eral Commonwealth Construction Companies, which were then in the possession of Commissioner Grilchrist of the United States District Court, were examined by this Department. " It was then determined to take steps to recover 812 Public Papers of Goveenor Sitlzer the funds and property of the Commonwealth Con- struction Company which had been transferred through the form of a sheriff's sale in Essex county, N. J., to the Continental Public Works Company and to have the same applied in payment of the notes held by the Northern Bank and the other just creditors. However, before any action attacking this transfer of assets could be legally instituted by the Northern Bank, it was necessary that the Northern Bank obtain judgment against the Commonwealth Construction Company, have execution issued thereon and returned unsatisfied. " No officer of the Commonwealth Construction Company of Pennsylvania, which had owned the assets in question, could be located -within the State of New York, but on December 3, 1912, this Department ascer- tained from the Secretary of State of New Jersey, that William B. Spencer, of Montclair, N. J., was the agent of the company upon whom process could be served within the State of New Jersey. On Decem- ber 5, 1912, however, a petition in bankruptcy was filed against the Commonwealth Construction Com- pany in the United States District Court for the Southern District of New York and Hiram Barney, an attorney-at-law of the State of New York, was appointed receiver of its assets. " Recently the attorneys for the Continental Public Works Company moved before Judge Mayer of the United States Court for an order turning over to them the books of the Commonwealth Construction Com- pany and of the Continental Public Works Company, left in possession of Commissioner Grilehrist. This Department opposed this application and an order was recently granted directing that the hooks and papers in question be delivered to Mr. Barney as receiver. Removal Proceedings and Investigations 813 '' This Department is informed that the receiver named is engaged in investigating the very com- plicated affairs of the Commonwealth Construction Company and that he expects shortly to take action to recover from the Continental Public Works 'Com- pany, and from those interested therein, any property which was illegally diverted from the Commonwealth Construction Company and to distribute the proceeds pro rata among the creditors of the Commonwealth Construction Company, including the Northern Bank. This Department intends to support Mr. Barney in the efforts which he is making in this direction and expects eventually to realize something on these notes. The information of the Department is, however, that the assets of the Commonwealth Construction Company were worth much less than $40,000, the amount men- tioned in Mr. Cameron's communication. ' ' The last charge was : • * ' That the Banking Department sold for $204 bonds of the La France Copper Company of the par value of $170,000, worth $10,000 or $15,000. " In the month of July, 1911, this Department in the course of its liquidation of the affairs of the Northern Bank sold at public auction some twenty- four different lots of stocks and bonds, consisting of securities either owned or held by the Northern Bank as collateral. This sale was advertised to be held by Adrian H. MuUer & Co., the well-known public auction- eers, on "Wednesday, July 5, 1911, at 12.30 o'clock at the Erchange Salesrooms, No. 14-16 Vesey street. New York city. Among the securities offered for sale were $172,000 bonds of the La France Copper Com- pan>- of the par value of $1,000 each, which bonds the bank lield as collateral for $158,486.37 borrowed from the bank by Joseph G. Robin. 814 PxjBJLic Papers of (rovERNOK SuXjZEk " On June '26, 191.1, tliis Department addressed a notice to Joseph G. Robin, care of his then attorneys, Messrs. Myers & Goldsmith, 100 Broadway, inform- ing him that unless this indebtedness was paid by 12 'clock noon July 3, 1911, the collateral would be sold at public auction on July 5. A copy of this notice was also sent to Peter Alexander, Receiver in Bankruptcy for Joseph G. Robin, No. 92 William street. " Robin failed to pay his indebtedness and this Department thereupon announced such sale by adver- tisements as follows : In the New York Times .Saturday, July 1, 1911 Tuesday, July 4, 1911 Wednesday, July 5, 1911 In the Wall Street Journal (Morning Edition) , . . ". Monday, July^ 3, 1911 Tuesday, July 4, 1911 In the New York Tribune Tuesday, July 4, 1911 In the New York Evening Post. . .• Monday, July 3, 1911 " This Department also caused posters to be pre- pared and distributed advertising the sale to the high- est bidder at public auction of each of the several par- cels which the Department was offering. In such posters the La France Copper Company bonds were described in large type as follows : $172,000. La France, Copper Company, 1st mortgage 6% Gold Bonds, due 1932, interest January and July. " On the date of such sale the auction rooms were thronged as is usual on such occasions and the various lots of property offered by the Northern Bank were offered for sale separately by the auctioneer, and araojig such being $172,000 La France Copper bonds above referred to. These were knocked down to the highest bidder who paid $210 for the lot. The pur- Removal Pkooeedings and Investigations 815 chaser was unknown to this Department or anyone connected with it. Before advertising this sale this Department caused inquiry to be made regarding the value of these La France Copper Coupon bonds^from brokers, dealers in unlisted securities, etc., but was unable to obtain any offer on these bonds or to learn that they had any actual value whatsoever. ' ' Accompanying Superintendent Van Tuyl's answer to the Governor were copies ^of Eobin^s guarantee to p&y any deficiency in collateral arising from the loans to the Melrose Securities Company; the opinion of^ Ernest Hall, referee in the matter of the claim of Gifford, Hobbs & Beard for services; letter of Super- intendent of Banks to District Attorney Whitman pro- testing against the release of Eobin on suspension of sentence and the reply of District Attorney Whitman thereto ; also detailed ■ statement 'of transactions of Joseph G. Eobin, through his various corporations, with, the Northern Bank of New York, Washington Savings Bank and Carnegie Trust Company, which were in violation of the civil or criminal law. Charges by Depositors of the Washington Savings Bank Lodged with Governor Sulzer against Superintendent Van Tuyl Albany, N. Y., February 21, 1913 Governor Sulzer jrefjeiyecj; the following letter : " Hon. William Sulzek, Gover'fior of the State of New York: ' ' YoiTE Excellency. — The undersigned as Chair- man and Secretary of a committee of depositors of 816 Public Papers of Goveknor Sulzer tke Washington Savings Bank respectfully complain against the Superintendent of Banks of the State of New York, in that said Banking Department has, not been diligent or efficient in conserving; and gathering the assets of the Washington Savings Bank, as more specifically set forth hereafter. ' ' First : It seems that Joseph Gr. Robin was indicted and pleaded guilty, and has been sentenced for steal- ing money from the Washington Sayings Bank under the following circumstances: That for the purpose of procuring money from the bank, collateral security was put up in the shape of participation agreements, in a mortgage of $350,000, covering what is known as the Morris Park property, being a large tract of land in the borough of the Bronx, formerly used as the Morris Park race track. The theory of the crime charged against Eobin was that said mortgage did not exist in fact, and that the participation agreements. of said mortgage were intended to deceive. In other words that the participation agreements had been given of a mortgage which did not in fact exist. Some time during the month of August, 1912, we are in- formed that one Frederick K. Morris, a former asso- ciate of Robin, testified in a proceeding that said mortgage did exist; that he himself had signed it as an officer of the company, and had forwarded it to the office of Grifford, Hobbs & Beard to be signed there by another officer of the company, and recorded. Had this mortgage been recorded, the Washington Savings Bank would have had ample security for the money it loaned, and consequently no theft of such money could possibly -have been committed. The entire amount of the participation agreement was approximately $208,- 000. The money being advanced by a number of checks. We have been informed by an officer of the bank that these checks were ordered by one James T. EeMOVAJL PbOOEBDINGS and InVfiSTIGATIONS 817 Wood, vice-president of the bank, and we are further informed that the telephone record of Robin's office discloses the -fact that on the day the checks were sent, and for several days previous to that, no telephone messages bad gone from Eobin to the bank, but several had gone from James T. "Wood fto the bank. This, in effect, bearing out a statement of an officer of the bank that Wood had in fact ordered Ithe checks. In view of the fact that; Frederick K. Morris testified that such a mortgage did- exist, and in view of the fact that if the validity of such a mortgage could be established, it would result in the payment to the credit of the bank of $?08,000 and interest, we charge that the Banking Department has not fulfilled its duty in not seeking to establish the validity of that mortgage. Mr. Robin has brought an action (Borland vs. Fidelity Develop- ment Co.) to establish the validity of that mortgage. If he is successful in that action it will result in that amount of money being placed into the hands of the depositors where it belongs. The Banking Depart- ment has been negligent in not prosecuting that action itself, and in hindering and obstructing Mr. Robin in his efforts to recover this amount of money for the depositors of the bank. ■.- . " Second: Between fifty and sixty thousand dol- lars of the money belonging to the depositors is being withheld from us by the Banking Departtnent ' pend- ing litigation. ' , This alleged litigation is between the Banking Department representing ther Washington Savings Bank and the Banking Department represent- ing the Northern Bank of New York. It is respect- fully submitted that the Banking Department, having possession of all the facts of the case, litigation of any kind was unnecessary, and a waste of the depos- itors ' money. It is further subinittfed that even if such litigation was an honest attempt on the part of the 818 Public Papers of Gtovbknok Sulzer Banking Department to secure the protection of a court order for the distribution of the funds of the two banks, that the Banking Department has been grossly negligent in not winding up said litigation long ago. It is a Well-known fact that the Banking Department has a preference in the Supreme Court, and could bring on an action to be tried very speedily, and could, had it so desired and had it been working in the in- terests of the depositors, have disposed of this action a very long time ago. The withholding of this money from the depositors of the Washington Savings Bank imposes a very great burden upon them, as they are for the most part extremely poor persons, some of them in abject poverty. The money they put in there represented in many cases the hard-earned savings of a lifetime. "We sincerely trust that Your Excellency will in- stitute a very thorough investigation of this matter. We are not represented by counsel, the depositors being too poor to retain counsel. Such information as we have has been obtained through the personal efforts of a few of us who are not familiar with the ordinary routine of legal affairs, and Your Excellency can easily appreciate the difficulties which beset us in even obtaining the meagre information which we now lay before you. We have visited the Banking Depart- ment several times ; once we asked for a dividend, and were told that the Supreme Court prevented them, from paying a dividend of less than 10 per cent., and that they did not have sufficient funds to pay 10 per cent. A short time after that they paid a dividend of 8 per cent. This inconsistency arouses our sus- picion, and creates a feeling of distrust in our minds, because it is something we cannot understand. We have interviewed Mr. Eobin, and the story he tells Removal, PRocEEDiNUrt and Investigations 819 us appears to us to be more in accordance with, the true facts than the information which we have ob- tained from the Banking Department. For instance, the BanMng Department foreclosed a $45,000 mort- gage against property belonging to Robin on Long Island, and we were told that the Banking Depart- ment bought in the property on the sale, and had since been unable to obtain more than $20,000 for it. Mr. Robin told iis that they had been offered as high as $47,000 for it, and that he would procure the signing of a contract by a responsible party, at any time, to pay $45,000 for the property, and pay all cash in thirty days. We respectfully urge Your Excellency to sum- mon Mr. Robin before you, because we believe that he is the only honest man in possession of all the facts, who will freely and frankly disclose them. The de- tails of the transactions are too much for us to handle. Mr. Robin knows them all and we trust you will give him an opportunity for our sakes to disclose these facts to you. Especially in view of the reported state- ment of the Hon. Frank Moss to the effect that he did not believe Mr. Robin to be guilty of the charges on which he was indicted. " Very respectfully submitted, " AUG-USTUS E. BELSER, M. D., " Secretary Depositors' Committee, Washington Savings Bank, No. 314 W. 58th St., Borough of Man- hattan, New York City. " CHARLES D. USINGER, " Chairman of the Depositors' Committee of the Washington Sav- ings Bank, No. 163 W. 60th St., Borough of Manhattan, New Y6rk City." "■ '"■' S20 Public Papkks (jk GrovBXiNOE Sulzer The foregoing letter was transmitted to Superin- tendent Van Tuyl, who makes the following reply : "Albany, N. Y., February 20, 1918 " Hon. William Stjlzee, Executive Chamber, Albany, New York: " Dbae Sie. — In answer to the charges made against the State Superintendent of Banks by individuals claiming to represent a Committee of Depositors of the Washington Savings Bank, now being liquidated by this Department, I beg to state the facts as they actually exist. " First: Concerning the charge that the Banking Department has taken no steps to recover from the Fidelity Development Company the sum of $208,000 belonging to the Washington Savings Bank, which Mr. Joseph G. Robin was accused of stealing, the facts are as follows: " It appears from the books of the Washington Savings Bank that the bank paid out about $208,000, which purported to be for the purchase of participa- tion certificates in a mortgage executed by the Fidelity Development Company to the Title & Guaranty Com- pany of Rochester for $350,000. Participation certifi- cates in this alleged bond and mortgage were issued by the Title Company of Rochester to the Washington Savings Bank to the extent of $90,000: No mortgage was ever recorded, and so far as we can ascertain, no such mortgage was ever made. For the balance of the money, amounting to about $118,000', the Washington Savings Bank received no evidence of indebtedness or security whatever. On the testimony of Mr. Frederick K. Morris, and others, before the grand jury that no such mortgage was ever made, Robin was indicted for stealing the above amount of $208,000. Removal Proceedings and Investigations 821 " To one of the counts of this indictment charging specifically the larceny of $27,000' from the Washing- ton Savings Bank, which $27,000 was part of the money paid for the alleged mortgage, Robin pleaded guilty and on this plea of guilty has been sentenced to one year in the penitentiary by Justice Seabury. About a year and a half after the plea of guilty had been entered, and after Robin had had an opportunity of thoroughly examining all the books of the various corporations in which he was interested, he raised the contention for the first time, to our knowledge, that the mortgage actually did exist, and that he was not g5uilty of the charge of larceny to which he had pleaded guilty. " He then requested that the Banking Department institute an action on behalf of the Washington Savings Bank to establish the said alleged mortgage as a lien upon the property of the Fidelity Develop- ment Company, on the ground that the mortgage had been executed and in some way had been lost or de- stroyed. He referred to the testimony which he had obtained from Mr. Frederick K. Morris, which he stated was to the effect that Mr. Morris now remem- bered having signed such a mortgage as secretary of the Fidelity Development Company, and that it had been sent by a messenger to the office of Gifford, Hobbs & Beard, attorneys for the Fidelity Develop- ment Company, for the purpose of having the said mortgage signed by the president of the company and placed on record. ' ' This is the only proof which Mr. Robin could offer that a mortgage had been executed. " The question was referred to the attorney desig- nated by this Department to act as attorney for the Washington Savings Bank, and before a final decision 822 PUB1,IG PAl^JiltS 01<' GOVEKNOR SuLZEK was rendered, a careful examination was made of the facts by Mm and the examiners for this Department. This examination disclosed that the actual amounts paid out by the Washington Savings Bank, extending over a period from April 14, 1910, to N(5vember 15, 1910, aggregated the sum of $207,944.72. All of these checks, except one dated October 18, 1910, for $15,000, were signed by Joseph G. Eobin, as president. The $15,000 check was signed by James T. Wood, as vice- president. None of these checks were payable to the Fidelity Development Company. Of this amount, the sum of $80,000 was used in part payment of a large block of stock in the Aetna Indemnity Company, a corporation dominated and controlled by Mr. Robin, and which is now in the hands of a receiver. The bal- ance of the money was used to pay the indebtedness of Mr. Robin or some of the corporations controlled by him. In particular, the sum of $27,000 which Robin was charged with stealing, and to which he has pleaded guilty and was sentenced to one year in the peniten- tiary, was paid by checks dated August 17, 1910, and was applied as follows : About $12,869.17 was used to make final payment on a note made by Joseph Gr. Robin to Peter B. Bradley; $10,000 was used as part payment on a loan of Joseph Gr. Robin held by a New York bank, and $4,000 was used to purchase forty shares of stock in the Northern Bank, a banking cor- poration controlled by Robin and now being liquidated by this Department. " Mr. Frederick K. Morris was also interviewed after the alleged testimony referred to by Mr. Robin, and he reiterated that he had never signed a completed mortgage and that his testimony taken as a whole was not an admission that he had. However this may be, it is an undisputed fact that before the mortgage, if Removal, Proceedings and Investigations 823 drawn, could be valid, it would .require the signature of the president and a delivery to the Title and Guar- antee Company of Rochester, the mortgagee. It is not claimed by the committee that the president signed it and the president, I am informed, denies that he ever saw it. Although the Title and Guarantee Company of Rochester, a corporation controlled by Robin, which is now being liquidated by the Superin- tendent of Insurance, issued participation certificates to the extent of $90,000 in the alleged mortgage, there is no entry in its books of the receipt or existence of the alleged mortgage. " In view of the above facts and in view of the fact that Robin pleaded guilty to the charge of larceny of part of the cdnsideration for the alleged mortgage, this Department was advised by its attorney that there was not sufficient evidence on which the existence of a mortgage could be legally established or the money paid recovered from the Fidelity Development Com- pany, and advised the Department not to bring suit for that purpose, and Mr. Robin was informed of that decision. ' ' The above facts were all before Justice Seabury when Mr. Robin was arraigned for sentence, and the claim urged by the alleged representatives of de- positors were then advanced by Robin's attorney and Robin's innocence asserted. Justice Seabury, in pro- nouncing sentence, reviewed the history of Robin 's case, recalling that when first arraigned to plead to the indictment, his counsel had refused to plead on the ground that Robin was insane; that the, issue of insanity was then tried out before a jury which de- termined that he was sane ; that he thereupon pleaded guilty to one count; Justice Seabury then character- 824 Public Papers of Govpbnor Sulzkr ized his present clainj of innocence as ' only another attempt to cheat the law ' and' imposed sentence. " The claim of; Robin that the checks were ordered by Wood withomt his knowledge is entitled to little weight in view of the fact that 3,11 the cliecks except one for $15,000 were signed by Robin as president of th,e bank, and the proceeds used to liquidate his per- sonal indebtedness or that of his companies. ' ' This Department hg,s cornmenced ari action on be- ha,lf of the Washington Sayings Bank against the Title aijd Guarantee Company of Rochester to recover, the ^amounts paid to it for participation certificates amounting to $137,000- $90,000 of which participation certificates were actually issued. This action is based upon the .contention that there was no mortgage exe- cuted as the basis for these participation certificates. It is inconsistent with an action against the Fidelity Development Company to foreclose the alleged mort- gage and it is the only action, as I am advised by the attorney -for the Department, in which we can succeed. J "This Department has appeared in the action of Dorland vs. Fidelity Development Company, e|;.,al., an action instigated by Mr, Robin and now pending in the Supreme Court of New York county, and filed an answer asking that the court render such judgment in the case as equity may require. The plaintiff in that action has not been hindered or obstructed in any way by the Superintendent of Banks or his attorney in that suit, and the charge made to that effect is false. " Second: As to the charge that the, sum of about $60,000 is being withheld from the depositors of the savings bank pending litigation, the facts are as follows : "When this Department took possession- of the Northern Bank and the Washington Saviiigs ^feank Removal Proceedings and Investigations 825 there were in possession of the Northern Bank certain bonds and mortgages made to the Maclay Avenue Realty Company, as mortgagee, aggregating the sum of ahout $69,900. The Maclay Avenue Realty Com- pany was a real estate corporation owned entirely by the Northern Bank, and the mortgages had been re- ceived from purchasers of lots sold to it, in part pay- ment of the purchase price. The Washington Savings Bank held assignments of these mortgages to it by the Maclay Avenue Realty Company, which assighments had been duly recorded. The Northern Bank also held assignments of the same mortgages, executed by the Maclay Avenue Realty Company, which had not been recorded. The Washington Savings Bank had paid for the mortgages by checks payable to the Bankers Realty & Security Company, a corporation controlled by Robin, and claims the mortgages by virtue of such payments and the assignments. The Northern Bank claims the mortgages by virtue of an agreement with the Maclay Avenue Realty Company requiring that company to assign such mortgages to the bank as soon as received and also by virtue of the assignments it holds. The question as to which bank is entitled to the mortgages could not be determined by the Superin- tendent of Banks, and an action was therefore started by the Northern Bank and the Maclay Avenue Realty Company against the Washington Savings Bank, to set aside the assignments to the savings bank which had been recorded as a cloud on the title of the Northern Bank. The Washington Savings Bank interposed an answer in this suit containing a counterclaim demand- ing the return of the bonds and mortgages' to it. This action is now on the calendar of the Supreme Court and will shortly be reached for trial. Preliminary ex- 826 Public Papees op Goveenok Sulzbb aminations before trial have .been arranged for be- tween the attorneys, the taking of which has been- de- layed because of the long illness of Mr^ F. K. Morris, one of the witnesses to be examined. The depositors are suffering no delay, however, as soine of the mort- gages have not been paid and foreclosure proceedings are now pending. The Superintendent of Banks has opened a special account for the receipt of interest and principal collected on these mortgages pending the trial of the action^ and a stipulation has been entered into by the attorneys that the unpaid mortgages may be foreclosed in the name of the Washington Savings Bank, so that the collection of the mortgages is not and will not be delayed. " Third: As to the foreclosure of the mortgage for $45,000 on property belonging to Mr. Robin, the facts are as follows : " The mortgage referred to was made by the Wad- ing River Realty Company, a corporation owned- en- tirely by Joseph Q. Robin and which owned Robin's residence at Wading River, L. I. It had no other assets and was apparently formed for the sole purpose of taking title to this place. The mortgage was made by this corporation to the Washington Savings Bank on the residence of Mr. Robin for $45,000. Default was made on the mortgage and an action to foreclose it was commenced. One of the defendants, a subse- quent mechanic 's lienor, interposed an answer alleging that the mortgage was void because two-thirds of the stockholders of the Wading River Realty Company had.not consented to its execution, as required by law. Mr. Robin himself owned or controlled the entire stock of this company and in securing tliis loan from the Washington Savings Bank, of which he was president, he was violating the law which prohibits an .officer of a JtifiMOVAL I'kOOBBDINGS AND LwESTICiATIONS 827 savings bank from borrowing its money. While pre- paring for trial the attorney for the bank was in- formed that an agreement had been drawn up between Mr. Loper, the answering defendant, and Mr^ Robin, through his attorney, whereby Robin agreed to assist Loper in establishing said defense and was to share in some way in the profits if successful. Mr. Robin when asked as to the existence of this agreement admitted that such an agreement was drawn up and that he had made such an arrangement. He then stated that he did not intend to keep the agreement and would testify for the savings bank, if called. When the case came up for trial defendant Loper defaulted and judgment of foreclosure was entered. The property was sold at public sale and bid in by the Banking Department for $42,000 and it is still owned by this Department. ' ' No offer has ever been rctade of $47,000 for the property. Negotiations were pending a few weeks ago to sell the property for $45,000, but the attorney for the prospective purchaser finally stated that his client had withdrawn. No offer has been received from Mr. Robin, nor has he ever communicated an offer of any other person to this Department. ' ' I think it is extremely doubtful whether the alleged committee making these charges are representatives of any large number of depositors of the Washington Savings Bank. The chairman, Charles D. IJsinger, i^ ■ not now a creditor of the Washington Savings Bank. He was a depositor when the bank closed but on the 20th day of January, 1911, he assigned his claim to. the Gotham National Bank and notice of the assignment was served on this Department. Two dividends, have since been paid to the Gotham National Bank on this claim without objection by Mr. Usinger. 828 PuBiiiG Pai'ees of Govehnok ^vhzaa " The committee was appointed at a meeting of depositors held on October 16, 1912, pvirsuant to a notice sent out by representatives of Joseph Gr. Robin after the refusal of this Department to institute the action to foreclose the alleged Fidelity Company mortgage above referred to. The notice read as follows : DEPOSITORS of the WASHINGTON SAVINGS BANK Men and Women, Don't Forget! Come Promptly! MEETING to DEMAND ACTION that will Assure us all our money quickly, TO-NIGHT Wednesday, October 16th, 1912, at 8 P. M., Sharp. SAVAGE INSTITUTE HALL 308 West 59th St., New York City. " The meeting was attended by Mr. Robin's attorney and a committee was appointed to consider what action to take both civil and criminal and consisted originally of about fifteen members. Representatives of the com- mittee came to this Department and received a com- plete statement of the financial status of the savings bank. A meeting of the committee was later held, and at the request of the committee a representative from the office of the attorney for the Department attended and explained to the members of the committee present why an action to foreclose the mortgage could not succeed. At this meeting the attorney for Mr. Robin ReMOVAJj PllOCEEDIXUS AJSIJ In VBSTIbATIONS ■S29 was present and urged the committee to provide funds to finance the action which had been commenced by Louise Borland (Mr. Robin's private secretary), as a depositor of the Washington Savings Bank on^behalf of other creditors to establish the lien of tlie mortgage referred to. "After hearing the explanation of our representa- tive, most of the members of the committee appeared satisfied. I have reason to believe that the committee in its present f orm.is not expressing the opinion of any large number of depositors of the Washington Savings Bank. ' ' Respectfully yours, " (Signed) GEORGE C. VAN TUYL, Jk., " Superintendent of Banks " Matter of Charges against Rhinelander Waldo, the Police Commissioner of the City of New York Albany, February 20, 1913 Police Commissioner Waldo Piles Answbe with Gov- ernor SULZER TO THE ChAHGES MaDE BY HeNRY H. Klein op New York City Governor Sulzer received the following letter from Commissioner Waldo of New York city: "February 17, 1913 " Hon. Valentine Taylor, Counsel to the Governor, Albany, N. Y. : " Sir. — I am in receipt of your letter of February 13th, enclosing a communication addressed to his Ex- cellency, the Governor, by Henry H. Klein. 830 Public Pai-krs ov (tovebnor Sulzer i I This commimication, in brief, states that ' The efficiency and esprit de corps which existed in the de- partment prior to the encumbency of the present com- missioner is now lacking, and the members of the uni- formed force are without confidence in their commis- sioner.' I invite attention to attached extract from resolution passed by the Patrolmen's Benevolent Asso- ciation, dated December 15, 1912. " Mr. Klein states that there is a general laxness in the enforcement of law and order throughout the city. Attention is invited to copy of the annual report of the department, which is enclosed herewith. ' ' He further states that as many as a dozen murders have occurred in the upper part of the Thirty-ninth Precinct (East One Hundred and Fourth Street Sta- tion) during a single month. This is not based on fact. During the past four months there have been four murders in this precinct, on which the detective divi- sion is now working. This division has recently been reorganized. Its increase in efficiency and the char- acter of the work now being done by it will be seen by reference to the figures contained in the annual re- port, which shows a large increase in the efficiency of this branch of the service. " He alleges that officials were restored to duty who were dismissed by former commissioners. This was done in several instances upon approval of the Munic- ipal Civil Service Commission and in conformity with precedents which had been in existence for years in the department. " He alleges that a nmnber of policemen have been appointed whose applications have been rejected by previous commissioners. They were appointed in ac- cordance with the law, upon recommendation of and Eemovajo Proceedings . and Investigations 831 with the approval of the Municipal Civil Service Com- mission, as after a careful examination of their rec- ords, there appeared no reason why they should not have been appointed. ' ' The complainant states that the commissioner had faith in the innocence and integrity of a police officer who had been accused until he was convicted. It is hardly possible for the complainant to know whether or not the commissioner did have such faith as he alleges. This official could not be removed from the department except upon proper charges. " If there are any other points upon which expla- nation is desired by His Excellency, the Governor, I shall be pleased to enter more fully into the matter! " Very respectfully ' ' ( Signed) RHINELANDER WALDO " Police Commissioner " Extract from Resolution Passed by Patrolmen's Benevolent Association ., " We at this time desire to commend the adminis- tration of Commissioner Waldo. , At no time in the history of the department has its chief executive been so loyally supported by or possessed of the absolute confidence of the rank and file of the department as at the present time. During the entire administration of the present commissioner, the curse of politics has not been felt by us in the department. He has exhibited no favoritism. Patrolmen have not been needlessly transferred from precinct to precinct. He has con- sidered our welfare conscientiously, and by his fair action and honesty of purpose, has given us the proper support and encouragement in the performance of our duties. We considered him pre-eminently fitted for 832 Public Papers oe Govebnob Sulzeb the position which he occupies, and we know from the confidence which he has inspired in us, that he has been remarkably successful. Considering the fact that he has directed the operations of over ten thousand men, it is possible that, among these ten thousand someone of them riiay have betrayed his confidence, but an iso- lated act of treachery ouight not to and cannot discredit his administration. ■ " Because of these facts, we pledge to him our con- tinued united and unanimous support. ' ' The Governor caused the following letter to be sent to Commissioner Waldo upon receipt of the above letter : " February 19, 1913 " Hon. Rhinelandee Waldo, Commissioner of Police, Centre Street, New York City: " Deae Sie. — I have your letter dated February 17, 1913, in regard to the complaint lodged by Mr. Henry H. Klein, of New York city. " Governor Sulzer directs me to advise you that he will carefully consider what you state in your letter and in the near future may advise yo-u further in re- gard to the matter. "Very respectfully "(Signed) VALENTINE TAYLOR " Counsel to the Governor " Relative to the Removal of C. Gordon Reel as State Superintendent of Highways Statement by the Governor : Albanv, N. Y., March 7, 1913 ' ' In the interest of the public service I have come to the conclusion that duty to the people compels me to Removal PiiocjiEMjfws /^nu Investigations 833 remove Mr,.Eeel as Statei.Superi,nt^ndent of High- ways," said Uovernor, Sulzer. " I have Ibeen, slow; to act, and, very patient in tl^is case. As a nxatter of fact I have been loath to take action, hoping that Mr. Reel would follow my advice and the good counsel of ethers and aid the Committee of Inquiry in its investigation. He declined to do so. ' ' Since my return from the Inauguration at' Wash- ington, information^ of a very grave character has come to my knowledge which impels me to act at once m this matter in the interest of the taXpaiyers of the State. " The Highway Departnient is in a deplorable con- dition. To speak moderately, there has been great waste and much incompetency in the construction and maintenance of roads. I am determined in the future to go slow and make no mistake, and see to it that the taxpayers get a dollar's Worth of good roads for every dollar expended of the j)eople's money. There will be no more contracts let until we know more about them. We want to get all the facts, and sooner or later we will get them. J know, and every other man knows who has common sense, that we can build and maintain ju-st as good roads in the State of New York as they can construct anywhere. We must do it, and we must do it honestly and efficiently, and provide every agency for economical maintenance. :." There naust be no more waste, no more graft and no more incompetency in; building and maintaining good roads in this State. The people expect this, and I have made up my mind to do all in my power not to disappoint their expectal;ions. " Temporarily, I have designated James H. Sturde- vant, first deputy, to act as Superintendent of High- ways, until further action can be taken. 27 834 Public Papers of Govebnok Sulzer " That is all I care to sa'j^this afternoon," said the Grovernor, in conclusion. "Later on, if necessary, I may give out some important facts bearing directly on the whole subject-matter. ' ' NdTicE OF Removal from Office State pf.New, York- — -Executive Chamber Albany, March 7, 1913 C. Gordon Reel, Esq., State Supermtendierit of High- ways, b^ Lancaster Street, Albany, N. Y.: Dear Sir.— -I hereby notify you that, pursuant to the authority vested in me by section 11 of the Higiiway Law, I remove you forthwith as State Superintendent of Highways, in the interest of the. public service and general welfare. Yours truly (Signed) WM. SULZER State of New York — Executive Chamber Albany, March?, 1913 Hon. James H. Sturdevant, First Deputy, State Su- perintendent of Highways, 53 Lancaster Street, Albany, N. Y.: Dear Sir. — I hereby designate you, temporarily and until further notice, to act as State Superintendent of Highways, to perform all the duties and functions per- taining to such office. Yours truly (Sighed) WM. SULZER Removal Proceedings and. Investigations 835 Conclusions of the Committee of Inql^iey in Rela- tion to the Conduct AisTD Administration of the State Prisons The Committee of Inquiry Albany, N. Y., March 7, 1913 Hon. WiLWAM SuLZEE, Governor, State of'.New York, Albany, N. Y.: . , Sir. — C'oneeniiug , cer1;aiii publi,c (hearings and cer- tain investigations. conducted under the supervision of your Qonamittee in particular relation to the cop.duct and ajdmimstr^tion of tb^e. State Prisons, we hiave here- tofore handed you transcripts of the sworn statements of= ■. ' ' . ':,'r - ," . Joseph F. Scott.,; , Thomas W. Peirce, Frederick 11. Itlills, John N..A,nhut, Jphn -W. Russell, ' Gruss C. Roeder, James V. May, Harry K. 3^h3.iiVj, William F. Clark, John " G. , MoCpweH, Walter Rohertson, Horace A. Hoffman, H.H.Crocker, Dr. Austin G.; Flint. , , From an examination of this testimony and evi- dence, we deduce the following conclusions, which, in our opinion, require explanation and, if possible, justi- fication by the Snperintendent of Prisons, viz.: (1) That one Frederick H. Mills has been connected with the Industrial Departments of the Prisons of the State of New York since 1897 ; that he has been prac- tically the operating head of the entire Industrial De- partments of the Prisons; and up to a most recent date was delegated with the power practically to regulate the output, as well as the' sales ; that he was paid a yearly salary by the State for his service; that at t'^-; 836 ■ PtJBLit! Papers of' Govebnoe Sulzee same time and during wlueli time lie was paid such salary by the State, he, Mills, had a private under- standing with the Superintendent of Prisons that he should be permitted to conduct a private business of his own; that in the year 1911 the said Mills organized the company known as the Hamlin Supply Company, and associated with him in business one Carroll E. Smith, a discharged employee' of the State Lunacy Commission and who was removed from his office charged with shortage in his accounts ; that said Fred- erick H. Mills, notwithstanding the manifest imprd- priety of his personal business dealings with institu- tions of the State, was retained in his position by the Superintendent of Prisons untir Your Excellency de- manded his dismissal on the 27th day of February, 1913. In opposition to a report of Holi. John D. Mc- Mahon, made in September, 1912, in which the super- intendent contemptuously stated that he " took no stock," although the facts found and the conclusions reached were beyond question, and was so retained in a position of practical control of the output of the prisons and in practical control of the issuing of re- leases to the various departments, and political subdi- visions of the State required by law to purchase the product of the prisons. The business done by Mills was covered up under the assumed; name of The Hamlin Supply Company and under the name of one Brown. The Hamlin Supply Company was a, fictitious business name, the business of which was' financed by said Mills. The extent of this business has likewise been concealed by Mills. , He refused to allow Mr. McMahon an examination of the books of the so-called Hamlin Supply Company. He was subpoenaed to produce these books before this Committee,, but excused , the nonproduction of the books by a statement of personal Removal 'Pbgcebdings 'And Investigations 837 illness which pl'evented a visit to his office to procure the books. He then promised to allow an examination, but your Committee 's expert, after two visits to New York to make such 'examina,tion,: was turiied'^away on the pretext of Mills' continued illness. We ^cannot admit any validity in this excuse of Mills ' illness, for it furnishes no excuse for the denial of the examination. (2) That numerous employees were discharged from Clinton prison' by the Superintendent of Prisons for grave offenses against the : laws of this State ; that formal complaints were not made to the district attor- ney of Clinton county; and that discharged employees from Clinton Prison M'^ere subsequently again employed by the State in other positions in the prisons of the State. (3) That at a public bearing before this Committee the present Superintendent of Prisons stated that the reason why' State officials who had been discharged for malfeasance in office were not prosecuted was, that it would do no good to prosecute them, and that it would be useless to call the attention iof the prosecuting offi- cers of Clinton feounty to these cases as they would pay no attention to themj' and it would be impossible to secure convictions in Clinton county; and later stated, as a reason, that he could not get' a jury in Clinton county to convict, although he had signed con- fessions before several witnesses. This was an unwar- ranted' attack upon the county judge and district attor- ney of Clinton county and the electors residing therein subject to jury duty, and there was no testimony given or offered to your Committee by the superintendent or anyone that would justify this attempt to impugn the honesty of the local authorities and the community. (4) That it appears from the evidence that the State was -the owner of a large tract of timber land sur- 838 Ptjbmc Papeks of G-ovebnoe :Sulzeh rounding Clinton Prison, and that the Superintendent of Prisons had no right to sell timber on said land without the concurring agreement of the State Comp- troller. Despite this fact the Superintendent of Pris- ons entered into a contract for the sale of a large amount of said timber, and after said contract was made the superintendent discovered the fact that the contra,ct was not authorized by law and was obliged to rescind the same and to advertise for bids in con- nection with tlie sale of said timber; that said super- intendent did readvertise said timber for sale and as a result received offers which will net the State ap- proximately $25,000 more than the contract first made. It was thereafter necessary to make a settlement with the original parties who purchased said timber upon the basis of the j)rices which they contracted to pay in the first instance. (5) It was shown in the report made to the Gov- ernor by Commissioners Van Kennen and Osborn that at Dannemora Prison an improvident contract «as made with one Louis Dupuis, by whibh he agreed to cut the timber from lands owned by the State and de- liver it to a mill owned by the State, saw it into lum- ber and deliver this material to th« prison ; that this contract furnished a profit on an average of about sixty per cent., of the amount received; Despite this report and the condemnation of the practice the records in the Comptroller's office show that this contract has been continued down to the present time and that the same prices are now being paid as were paid when the practice was condemned. (6) That under statute the Superintendent of Pris- ons is authorized to employ convicts iu State prisons on the construction of toAvn and county roads outside of incorporated villages. An appropriation was made Removal Proceedings and Investigations 839 by the Lfegislature, chapter 818 of the Laws of 1911, for roads built by convict labor, and out of this appro- priation the Superintendent of Prisons caused to be expended in the incorporated village of Dannemora the sum of $1,301.91, which amount was abs»lutely unauthorized by law. (7) That it was further shown that under the admin- istration of the present Superintendent of Prisons new rules were put into effect governing the regulations of persons confined at Matteawan State Hospital ; that inmates were allowed to receive callers at frequent periods; that as a result of said relaxation of rules and regulations Harry K. Thaw was permitted unusual liberties, and as was shown by the evidence, was per- mitted to receive callers very frequently and to receive and retain in his' possession large amounts of money and securities, which securities and money he was able to transmit through his agent to an attorney recom- mended by the superintendent of the institution for -the purpose of trying to procure his release from said institution. (8) That John W. Eussell, who was appointed su- perintendent of Matteawau State Hospital on April 5, 1912, by the Superintendent of Prisons, testified that sometime during the latter part of 1912^ he, Rus- sell, was offered by a lawyer, John N. Anhut, in New York City, twenty thousand dollars ($20,000), if he, Russell, would discharge Harry K. Thaw, and that this was reported to the Superintendent of Prisons shortly after the event occurred; that it was not re- ported to the district attorney of ihe oouTity of New York. The Superintendent of Prisons testified that this matter was brought to his attention on the 29ith of January, 1913; that he did nothing in the matter after the report of affairs from the superintendent of 840 PuBiiio Papeks of Gtoveknoe . Sulzkb Matteawan, because he, the Superintendeiit of Prisons, had made up his mind that it was to late to investigate it, and, further, because he, the Superintendent of Prisons, could not prosecute, as he had no corrobora- tive evidence ; that after he had been advised of the at- tempted bribery he made no investigation and took no steps in any way to either punish the person making the offer or to guard against the improper use of money at said institution, stating that he. considered the ma1> ter a closed incident. , . . (9) It is further shown ithat Joha C. McDowell, secretary to the Superintendent of Prisons, testified on February 28, 1913, that he, McDowell, was correctly quoted in the public press in a statement made by, Mm concerning certain official matters, to the effect that the Governor of this State ' ' Was either lying, misin- formed, or mixed-up," and further referring to the Governor in a most undignified and unbecoming man- ner in the presence of the Superintendent of Prisons land a number of newspaper representatives. Further, that, so far as the records of this Committee show, the said secretary to the Superiritendent of Prisons is still retained in the employ of the State. (10) It was stated in a report made by Commission- ers Van Kennen and Osborn in 1911 that in their judg- ment the prisons of the State could be made self-sus- taining through the industrial department of the pris- ons, and this opinion of theirs is sustained by testi- mony taken from Sales Agent Mills and the present Superintendent of Prisons. Although the revenues from the manufactured products of prisons have greatly increased in 1912 to $187,000, if a conscientious and capable superintendent of industries, had been em- ployed instead of having left the matter entirely ui^der Eemoval Pkoceedings and Investigations 841 the, . direetion, of Mil^s ,^e prisons might have been made self-:sust,aj.'iiii:ig before this time: The foregoing facts are respectfully submitted for your careful consideration and for such action oif your part as you may deeiii for the best interest of the State. J. N. CARLISLE, JOHN H, DELANEY, H. GORDON LYNN, : ^ , lOqmpijMee of Inquiry. Matter of Charges and Specifications Preferred Against Joseph F. Scott, Superintendent of State Prisons State of New York — Executive Chamber Albany, N.Y., Marc/i 12, 19121 GrovernoritSulzer caused to be delivered to Colonel Scott, Superintendent of State Prisons,, the following letter: : , March 12, 1913 Colonel Joseph F. Scott, Superintendent of State Prisons, Capitol, Albany, N. Y.: Sir. — Pursuant to stnd in accordance with the au- thority vested in me by article V, section 4 of the Con- stitution of the State of New York, I hereby transmit to you a copy of charges against you as Superintendent of ^.tate Prisons, and hereby advjse you that I will afford you an opportunity to b,e h^ard in your defense in regard to said charges, either in writing or orally, onThursday, Mai^ch 13, 1913, at 12 o'clock noon, at the Executive Chamber. ; , , . Yours truly ",,;', (Signed J , WM. SULZER 842 Public Papeks of (xovehnob Sulzeb Chaeges and Specifications Against Joseph F. Scott, SuPEEINTENDENT OF StATE PeISONS State of New Yobk — Executive Chambee In the Matter of Charges and Specifications Preferred Against Colonel Joseph F. Scott, as Superintend- ent of State Prisons To Colonel Joseph F. Scottj Superintendent of State Prisons : I, William Sulzer, Governor of the State of New York, pursuant to the authority vested in me, hereby prefer the following charges against you as Superin- tendent of State Prisons, and hereby fix the 13th day of March, 1913, at 12 o 'clock noon, as the date on or before which your answer to said charges sjiall be filed with me ; and you are further notified that on said 13th day of March, 1913, at said time in the Executive Chamber, in the Capitol, at Albany, and on such later day or days, if any, as may be appointed by me, you will be afforded an opportunity of being heard in your defense, either orally or in writing. The charges and specifications preferred against you are as follows : Charge I NONFEASANCE AND NEGLECT OF DUTY Specification I. In that Joseph F. Scott, Superin- tendent of State Prisons of the State of New York. having the superintendence, management and control of State prisons and appointment of the agents, ward- ens, physicians, and chaplains of the prisons, and of the State Hospital for the Insane at Matteawaai, and hav- ing appointed Frederick H. Mills, sales agent of the Sta;te, Prison Department, and an official investigation haviui;' been subsequently had of the official conduct of said sales agent, which showed that said sales agent Removal Proceedings and Investigations S43 was interested in a company whioli sold supplies to State institutions in competition with prison manufac- tured products, such conduct of said sales agent being in derogation of the duty he owed to the people of the State, and said wrongful conduct of said sales, agent having been duly made known to the said Joseph F. Scott, superintendent as aforesaid, the said superin- tendent intentionally and wilfully neglected and re- frained from dismissing said sales agent from said office until the Governor of the State, on recommenda- tion of a duly appointed Commission of Inquiry, de- manded on or about February 28, 1913, that said Scott should dismiss said Mills. Specification II. In that Joseph F. Scott, Superin- tendent of State Prisons as aforesaid, upon the resig- riation of Robert B. Lamb, as Superintendent of the State Hospital f pr the Insane at Matteawan, and, after the civil service examiners had reported on July 20, 1911, that Dr. Amos T. Baker, the assistant superin- tendent at said State hospital and thoroughly experi- enced in care of the criminal insane as having attained the highest percentage in the examination for the ofl&ce of superintendent did nevertheless on August 11, 1911, appoint as superintendent of said hospital, Dr. James y. May, who, among several competitors had received on examination the lowest percentage for said office and was known to said Scott to be without experience in the care pf the criminal insane. Specification III: In that Joseph F. Scott, superin- tendent as aforesaid, having upon the transfer of said James V. May to be president of the State Oommission in Lunacy, appointed one Dr. John W. Russell to be Superintendent of tiie State Hospital for the Ii^sane Vi Matteawan, and the said James V. May, anci said' John W. Russell having about that tipie professionally ex- amined Harry K. Thaw, an inmate of said hospital, 844 Public Papeks of Gtoveknoe i Sulzbb i / ! and noted the results of such examination in the case book for said hospital, and, it having appeared in tes- timony on July 2, 1912, during the inquiry on ^ritof habeas corpus stted out of the Supreme Court at White Plains before Mr. Justice Keogh, on behalf of said Thaw, to test his sanity, that the said James V. May had subsequently knowingly altered' the original hos- pital case book report of said examination made by him and by John W. Russell, and that even Thaw, himself, was allowed to alter said record, and the official ste- nographer of said hospital then required to make and deliver to the said May eight of the corrected copies, and that the said John W. Russell, during said inquiry on habeas corpus, did not denounce such alterations to the court, but told the court, on July 9; 1912,' that said Thaw might be set free as sane, provided he, Russell, be hired by said Thaw's family to act as a special at- tendant l6st the paranoic commit another murder, and full accounts of these proceedings having been pub- lished in the daily newspapers, nevertheless the Said Joseph F. Scott neither caused aiiy investigation to be had as to these cited transactions nor suspended nor dismissed said John W. Russell, for tie alleged con- duct herein set forth. Specification IV. In that' Joseph F. Scott, superin- tendent as aforesaid, having appointed as aforesaid. Dr. John W. RuSsell to be Superintendent of the State Hospital for the Insane at Matteawan did fail and neglect to maintain proper supervision over said State hospital, in consequence whereof tlie said John W. Rus- sell during the period he was superintendent aforesaid, and until February 27, 1913, did knowingly permit Harry K. Thaw, a criminal insane patient in Ms cus- tody in said hospital, to receive and have large sums of money, amounting to thousands of dollars and many Removal Pboceedings and Investigations 8,45 v,aliial?le stocH^ and bonds, in, h^^ possession, and did permit Horace ^l- Hoffiman many times , and Alfred Henry Levpis, William F. Clark, John Nicholson Anhut and, divers other persons a number of times and prac- tipa,lly vi^hoever they so desired to see.tlie said ^sane patient, Thaw, withput restriction^, and transact busi- ness with;him, all without any official surveillance over said patient, and did in wilful neglect of his 4iity .per- mit said insane patient to give large sums of money to some of these persons above named, and money to all of them, said insaiip patient being, for the time being, a ward of the State and entitled to protection and the said John W. Russell did know that said John Nichol- son Anhut' had thus received from said insane patient in said hospital twenty-five thousand dollars in cash and marketable, securities for Jthe purpose of obtaining the'release of said insane patient from said hospitaL Specification V. In that Joseph F. Scott, superin- tendent as afbresaid, having appointed John W. Rus- sell to be Superintendent of State Hospital for the In- sane at Matteat^an, and the official Commission of In- quiry having under investigation the allegation whether or not said John W. Russell had askfed for or demanded or refused an alleged bribe of $20,000 to procure- the release of Harry K. Thaw, an insane pa- tient, from said hospital, and the daily press for a num- ber of days having published long extracts from tes- timony taken bef ote the official Commission of Inquiry, incluciing Russell's own testimony and on February 27, 1913, having published certain testijuony of John Nicholson Anhut, a lawyer in New York City, concern- ing an interview had by him with John W. Russell, as follows, to wit : ' ' * Question : Did he (John W. Russell) say any- thing to you to the purport or effect that his ac- 846 Public Papees of Gtoveenok Sulzer cepting any money in return for a certificate with regard to Thaw would cause him to lose his posi- tion? "Answer: Well, he said, as I have said before, that his position was worth $10,000 a year, and that he would not do anything for Thaw without being paid for it ; that $20,000 would not begin to compensate him. " . and' §aid John W. Eussell having testified before said Commission, thg,t sai^ Anhut had tried to bribe him ■writh an offer of $20^000 to set said Thaw free, but that he, Russell, still maintained social relations with said Anhut, and the said Joseph F. Scott, superintendent as aforesaid, despite their and other statements deroga- tory to said Eussell in said investigation, did wilfully neglect to suspend said Eussell from duty as superin- tendent of said hospital or in any way intervene in his management thereof until the truth of the allegation of bribery could be determined but did, after the pub- lication, in the daily press of the before recited testi- mony and without waiting for the conclusion of testi- mony before said Commission or its report thereon to the Governor, and with testimony adduced tending to show, if uncontradicted, corrupt practices on the part of said John W. Russell, as superintendent of said hospital, did wilfully and with intent to give said John W. Russell, an honorable discharge as superintendent aforesaid, accept by telephone his resignation as super- intendent, aforesaid, without requiring him, before ac- tion thereon, to put such resignation in writing and thus intentionally attempted to defeat any demand of the Governor for the dishonorable dismissal of said super- intendent of said hospital. Removaxj Pkocbedings and In'Yestigations H47 Specification. VI. In tba,.^ Joseph F. Spott, superin- tendent as aforesaid, having, appointed John C. Mc- Dowell, secretary to the State Prison Department, the said McDowell, while holding said office didj on Feb- ruary 27, 1913, in a public place in Albany and in the presence of newspaper reporters and other persons use profane and disrespectful language concerning the Governor of the State of New York, in- alleged official transactions, paying: " The Governor can go to Hell, ' ' which remark was published in the newspapers and came under the notice of said Joseph F. Scott, who deliberately and wilfully neglected to make investiga- tion as tOithe use by said McDowell of said indecent and scandalous language, nor suspend him from office, nieanwhile, but retained him in said office as secretary after said McDowell admitted the use of the lalleged language aft^r^ said Commission of Inquiry had. on February 28, 1913, recommended his removal from office, and departed for Elmira on the afternoon of February 28, 1913, declaring he would take no action in said matter before March 3, 1913, and has taken no action thereon, ajl iU: wilful disregard of the respect and courtesy due by all State officials toward superiors in public office. In witness whbkeof, I have hereunto set my hand and affixed the Privy Seal of the State ' . [l. s.][ at the Capitol, in the city of Albany, this twelfth day of March, in the year of our Lord one thousand nine hundred and thir- teen. (Signed) WM; SULZEE By the Governor : Chester C. Platt Secretary to the Governor 848 PtfBilC PAi>EES OF GOVERNOE SuLZER Okueb of Eemoval fSom Office State of New York — Executive Chamber In t'M Matter of Charges, and Specifications, P'>'ef^X^^i ; Against Joseph F. Scott, Superintendent of State .^.,,, jpris^ofis^ , ,, ORDER OF REMOVAL FROM OFFICE Charges and specifications having been made by the Governor against Joseph F. Scott, as Superintendent of State Prisons, concerning and relating to the per- formance of the functions and duties of said office, and a duly certified copy thereof having been duly served upon the said Siiperintendent of State Prisons on March 12, 1913, together mth a notice that an oppor- tunity would be afforded the said Superintendent of State Prisons to be heard in his defense ; to wit, on March 13, 1913, at 12 o'clock liooh at' the Executive Chamber, and the said Joseph F. Scott having dilly made and filed his answer thereto and having been duly called by name in the Executive Chamber oh MaTch 13, 1913, at noon, and having failed to answer or appear either in person or by any representative. Now, THEREFORE, After due'consideration of the said charges against Joseph F. Scott and after careful consideration of said answer and of all the facts and circumstances herein and of all the proceedings hereto- fore had herein, it appearing to my satisfaction that the said Joseph F. Scott has been inefficient, incom- petent, derelict and neglectful of duty in his office of Superintendent of State Prisons; and that the charges in that respect are true, and that the public interest require it, it is hereby pursuant to and in accordance with the authority vested in me \>y article V, section 4 of the Coiustittttion of the State of Now York. Removal Peoceedings and Investigations S49 Ordered, That the said Joseph F. Scott be and he hereby is removed forthwith from the oflSce of Super- intendent of State Prisons of the State of New' York. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany [l. 5.] on the thirteenth day of March in the year of our Lord one thousand nine hundred and thirteen. (Signed) WM. StJLZER By the Governor : , ;. Ch:je;stbk C. ?latt Secretary to the Governor Opinion State of New York — Executive Chamber In the Matter of Charges and Specifications Preferred Against Joseph F. Scott, Superintendent of State Prisons opinion of the GpVEENOR For some time past, the Committee of Inquiry, apr pointed by me in January pf this year, to investigate the several departments of the State, with the object of securing the greatest degree of economy and efficiency in their administration, has thoroughly investigated conditions and practices prevalent in the Prison De- partment of the State. Witnesses have been examined and the Superintendent of State Prisons and the plfher pffiqials of his Department have been afforded oppor- tunity of answering and explaining the facts^ and dis- closures presented to said Committee of Inquiry. j'Vfter a careful consideration of such testimonj^ tlic Committiee of Inquiry made a written report to'iue under date of March 7-, 1913, setting- forth that in ^50 Public Papebs of G-qyeknob Sulzeb regaled tpteii specific matters there had been inefficient, incompetent and negligent performance of the adniin- istrative duties in. said Depajjtn^ent. These findings, of, the Comraittee of Inquiry were delivered to Joseph F., Scott, Superintendent of State Prisons, and, on March 12, 1913, based upon such find- ings, I duly, served upon said Joseph F. Scott formal charges together with a notice that I Avould afford him an opportunity tp file an, answer thereto and give him an opportunity to be heard in his defense at the Execu- tive Chamber at noon on March 18, 1913. At the time and place set for the hearing Mr. Scott failed to appear (although his name was duly called), either in person or by a representative, but at that time caused to be delivered to me a written answer to the said charges. ' ,The charges made were serious and substantial in character and amply supported by the testimony taken before the Committee of Inquiry and conclusively show that the administration of the Department of State Prisons imder Joseph F. Scott, as superintend- ent, was inefficient, incompetent and negligent and that he failed to maintain the standard of efficient adminis- tration that the citizens have' the right to expect in the administration of public affairs. (1) Concerning Frederick H. Mills, sales agent of the State Prisons Department. Mr. Mills was appointed to such position on January 1, 1897. On July 24, 1911, Governor Dix appointed John D. McMahon, of Eome, N. Y., to investigate among other things the management and affairs of the Si;ate prisons and reformatories, and under date of September 3, 1912, the said comraissioner reported to E.BM6VAL Peocbbdings and Investigations 851 Grovernor Dix glaring irregularities and improper practices by Mr. Mills, as such sales agent, isnei > tsi Joseph F. Scott was appointed Superintendent of State Prisons on Mayt24, 1911, on which day his nomination was confirmed by the Senate of the i3tate. He was appointed to fill a vacancy caused by the resig- nation of Cornelius V. Collins, as Superintendent of State Prisons, ina Mtsk»i , ■ >,g «jii m-gol aid aidi'vi Superintendent Scott failed to remove Mr. Mills until February 28, 1913, after the Committee of Inquiry had reported Mr. Mills as unfit to continue in his position. Superintendent Scott's excuse, stated in his answer, for, his retention of Mr. Mills as s^les agent, is that " early in January, 1913, I wrote to the Com.- mittee of Inquiry stating that I had learned that a re- port had been made covering the investigation of Fred H. Mills, sales agent for the State Prison Depart- ment ; that it had neither been printed nor transmitted to the Superintendent of State Prisons for his action.'/. Superintendent Scott should have known, and un- doubtedly did know, that Mr. Mills was being investi:- gated by Grovernor Dix's special commissioner and proper vigilance would have placed him in complete possession of all the facts relating to the improper practices of Mr. Mills ; in fact, without any investiga- tion, I deem it to have been the duty of the executive head of the State Prisons Department, on his own initiative, to have learned and discovered whether any irregularities were being practiced by any of the sub- .07-dinates in 'his Department. ,,n(i Thus, for^ a period of about one year and nine months,. Superintendent Scott remained inactive and permitted his sales agent ,to continue these irregular practices. , ^^iXnarii; 852 Public Papbks oif, Goveknos Sulzeb , Such performance of official, duties is properly characterized as demonstrating neglect, inefficiency and incompetency. (2) Concerning the appointment of James V. May as Superintendent of Matteawan Hospital. Superintendent Scott's answer in no way denies this charge. The Superintendent asserts he was technically within his legal rights as Dr. May 's name was certified on the list from the Civil Service Commission. This technical defense in no way militates against the facts charged in Specification II. (3) Concerning the alteration of testimony by Harry K. Thaw in habeas corpus proceedings July, 1912. Superintendent Scott answers this charge by quoting from a report made by Dr. May concerning the matter. Dr. May's report admits that certain of the testimony was left out of the record but claims it was ' ' absolutely irrelevant and was left out as useless and unnecessarily complicating the already voluminous records. ' ' Dr. May admits in his report to Superintendent Scott that corrections were made upon the stenographic record but further asserts " in no case did these cor- rections have any material bearing on the facts brought out, or on the conclusions indicated' by the examination. ' ' Dr. May states that these corrections in the record were made after ' ' very careful consideration by Dr. Russell and myself. " The proceedings had at the hearing on such hal3eas corpus make it apparent that the legal department- of the State disagreed with Dr. May in his conclusions and deemed the corrections to be vital and material. The fact that in this celebrated case admitted changes of the stenographic record were made should Removal Pbogebdings and iNtBSTiGATiONS 853 have caused the greatest diligence and closest scrutiny of the proceedings to have been made by the Superin- tendent of State Prisons. i I deem Superintendent Scott in this particular to have failed to exercise the proper diligence required under the circumstances. (4) Conceming special privileges accorded to Harry K. Thaw at Matteawan. Superintendent Scott in his answer nowherte denies that Harry K. Thaw secured and made use of large sums of 'moneiy and securities nor that he had inter- views with < a ' certain lawyer, one John^ Nicholson Anhut, nor that one Horace A. Hoffman stated by Superintendent Scott to be the " agent and repre- sentative of Mrs. Thaw, the mother of Harry K. Thaw," had full and free access to Harry K. Thaw, as charged in Specifications IV. ' Stti)erintendent Scott inakes the technical denial that Dr. Russell " did not knowingly permit Harry K. Thaw to receive and have large sums of money." He does not deny that Lawyer Anhut received from Thaw in the hospital $25,000 in cash and marketable securities, but asserts that Dr. John W. Russell knew nothing about it or knew that the money was passed " for the purpose of obtaining the releases of, said Thaw from said ihospital, ' ' The essential facts remain undenied. iMr. Anhut a,nd Mr. Hoffman were permitted access to Harry K. Thaw, who had. in his possession large sums of money, which he paid over in the hospital. The fact that Dr. Russejl, the .Superintendent of; Mat- teawan State Hospital, knew nothing about it, or the purpose for which such transactions took place permits no other conclusion , thai! that proper! surveillance of 854 Public Papees of G-ovbbnoe Sulzer Harry K. Thaw during sucli interviews was lacking through the negligence of Dr. Russell, who was a sub- ordinate of Superintendent Scott. (5) Goncerning the resignation of Dr. John W. Russell, as Superintendent of Matteawan State Hos- pital. Superintendent Scott makes no substantial denial of the charge as to the manner in which the resignation of Dr. Russell was accomplished. Taking into con- sideration the surrounding circumstances it is a fact concerning which Superintendent Scott, . realizing no defense nor excuse could be made, has properly re- frained from attempting to do so. (6) Superintendent Scott admits the charge con- cerning his secretary, and defiantly asserts " I further say I have retained him in office." My power as Grovernor, in tMs case under article V, section 4 of the State Constitution, permits me to re- move the Superintendent of State Prisons for cause at any time : " The Governor may remove the Superintend- ent for cause at any time, giving to him a copy of the charges against him, and an opportunity to be heard in his defense. ' ' I realize that this constitutional power to place public officials, on trial for misconduct in office should not be lightly invoked. If the duties of the public official are performed negligently and unskillfully, if they are violated for want of capacity or want of care, they can never be said to have been well and truly executed. It is my duty to see that the laws are well and truly executed, and it is my earnest endeavor to maintain a high standard of efficiency in all administrative de- partments of the State. Removal Proceedings and Investigations 855 I consider that tte answer of .Supprintendent Scptt evades rather than meets these serious and substantial charges. The charges themselves were fully sustained by ample, and, competent proof taken before the Comiriit- tee of Inquiry. To my mind it is beyond question that Superintendent Scott in certain matters has not acted in good faith and that in certain others he has shown inefficiency, incompetency, neglect and dereliction of duty. Under all the circumstances I cannot avoid the con- viction that the usefulpess of Superintendent Scott in the office of Superintendent of State Prisons, having in mind the best interests of the people, and the gen- eral welfare of the citizens, is at an end, and that it is my duty to forthwith remove him from office. (Signed) WM. SULZER Alpany, March 13, 1913. Appointment of George W. Blake as a Special Commis- sioner to Examine and Investigate the Management and Affairs of the State Prisons and Reformatories, Including the Office of the Superintendent of State Prisons State of New York — Executive Chambeb To All to whom These Presents Shall Come, Greeting : Know Yej That pursuant to section 8 of the Execu- tive Law, I have appointed, and by these presents do appoint, George W. Blake, of the borough of Man- hattan, New York city, as a special commissioner, to serve without compensation, to examinq and investi- gate the management and affairs of all the State H5G Public Papees of GovekiTOk Sulzeb ' ' prisons and reformatories in the State of New York, incltiding the office of the Superintendent of State Prisons. The' said George W. Blake is hereby empowered to subpoena and enforce the attendance of mtnesses; to administer oaths and examine witnesses under oath and to require the production of any books or papers deemed relevant or material. And I hereby give and grant unto said George W. Blake, all and singular the powers and authorities which may be given or graiited unto a person ap- pointed by rQ6 for such purpose, under authority of the statute aforesaid. In Witness Wheeeoe, I have subscribed my name to these Presents and caused the Privy Seal of the State to be affixed hereto [l. s.] at the Capitol in the city of Albany this fourteenth day of March in the year of our Lord one thousand nine hundred and thir- teen. (Signed) WM. SULZEE By the Governor : Ghestbk C. Platt Secretary to the Governor Bepo^t of, GjioRfiE W- Blake, Special Commissionee, ON Geeat Meadow Peison Albany, N. Y., April 9, 1913 Hon. William StJLZEE, Governor , State of New York, Executive ChamJier, Albany, N. Y.: SiE.-^I submit heremth my report on the work be- ing done at Comstock, N. Y., in the construction of the Great Meadow prison. Removal :PBoc]SEDi:^GS,,fNXi I:^vEsa;TOATipNS 857 I consider it my tluty to delay the inyestigatiqn into the prisons and refornaatpries of the State long enough to ca,ll your, attention to the deplorable condition of affairs at this prison., ,/r, ,, , •. , A conservative ej^timate fixes, the loss, to the State by the construction of the buildings, through careless- ness or graft, at $5Q0,0Q0. A peculiar feature gf this situa,tioii is that no attempt has been made to conceal the wrong. It is so brazen and conspicuous that evep the most unpbserying visitor tQ the prison building mustphge-rve it, For more than two years this prison biiilding job has beein used to rob ^the State. , Before going further into the details I want to call your attention to a situation that seems to exist in the Department of Prisons. It has been frequently sai,d that there is a " prison ring, ' ' forged for the purpose of stealing the people's money. I believe this state- ment to be true because the dishonesty of this par- ticular job has so many ramifications. The bills for inferior work and for work hot done at all pasked through the hands of the State Architect, his repre- sentatives at the p!fison, We Comptroller and the Superintendent of 'Prisons. All of these persons, with the exception of the Comp- troller, must have known that the bills were dishonest atnd should not have been paid. Yet they passed smoothly along and the money found its way into the pockets of the contractor. A careful investigatioli rtiight show how much of it remained there. This was onl;^ part of the ring. The other parts were the subcontractors, who provided what labor and material they pleased without interference. It- must be plain to any thinking person that a long series of bills, practically all of them dishonest, could not have passed through^ so many hands without detection. This project was conceived in graft. The- State paid 858 Public Papers of Governob Sulzek $92,000 for property worth not more than $30;000. The excuse for this initial crime was the alleged need of a hospital building in the health-giving air of the Adirondack region. This was a mere subterfuge. The fact was that the owner of this property induced his political friends to help him unload it upon the State at more than three times its value. Then the Lunacy Commission decided it did hot want this property, thereby threatening to deprive the projectors of the scheme of large gtaft in the erection of buildings, and it was decided to erect a prison there. The prison ofiScials complacently agreeing, the people were coz- zened into believing that this outlay of money would be sufficiently productive to greatly reduce the cost of the maintenance of all the prisons of the State and would have a salutary effect upon the physique and morals of prisoners serving first terms and upon those nearing th&itime of their discharge. Th© first appropriation was made in 1909 and was for $350,000. The bill providing for this appropria- tion made, it appear that this sum wpuld be sufficient to complete the work, but up to the. present time more than $1,800^000 has been appropriated and more money is still demajided. There is at present a demand to get $250,000 more, despite the fact that $750,000 is still available of the previous appropriation. From the conception of the scheme until the present time! there does not seem to Jiave been any attempt made to give the people an honest return for this oiitlay. One wing and a dormitory have been completed. The site chosen for these buildings is in a hollow in the land, much of which is quicksand. The great prison building has settled so tliat cracks appear in the.wallsj all of the piping is out of alignment and it is only with great difficulty that some of the prison Removal Proceedings and' Inatestigations 859 machinery can be operated. The dormitory, where the guards sleep and where the . administrative work is conducted^ is fortified with heavy iron bars at the windows and heavy doors, but the interior walls are fragile and combustible. It is possible to kick holes in them and a fire once started Would find the building an easy prey. The floors are of wood instead of con- crete. If a fire should start in the night when the guards were sleeping there would be no chance for their escape. This alone makes the work a crime that the State should immediately investigate to the' end that the criminals guilty of it should be punished. The site of these two buildings is fiVe feet below the surrounding lands. It is in a hollow pit of clay, in which is received the drainage of the hillsides, which forced the State to spend many thousands of dollars in drainage. Piles driven iiito the soil sink out of sight and it seems impossible to find proper founda- tions for the heavy structures. The contract provides that the ground on which the foundation rests shall be solid. As a matter of fact one end of the dormitory build- ing began settling to an alarming extent , and the State had to spend $37,000 to level the building. The founda- tion here is quicksand, so it is certain tliat this exr penditure "\pll li&ve to be frequently and indefinitely repeated. It is difficult to find any explanation for the selection of this site, when it is surrounded by a circle of, up- land where solid foundations could have been found. Knowledge of the dishonesty of the men wlio per- mitted, this work to continue makes it appear likely that their object was to place the buildings in a loca- tion where they could not possibly last in, order to graft from the money that would be constantly needed 860 Public Papekb of Govebnok' 'Sulzek in repairs and then finally to enrieh themselves anew by doing the work over. If the construction of the new wing was stopped now, and there is absolutely no need for it, the present wing and dormitory would cost the people of the State at least $50,000 a year to keep in repair. The State would save money if the ;present buildings were dis- carded and the work begun all over again under the control of honest and competent officials. This may seem like a drastic suggestion, but the cost of keeping the present prison buildings in repair w;9|uld pay the interest on a much larger amount than it would, take to duplicate them on another site. , In order to discover jijst how this ^ork has been done, and what the total theft has amounted to, ,it would be necessary to prove up each item of the work in detail. I belieive this should be, done, and in the meantime all work on the new wing should be aban- doned; that safe and decent quarters should be pro- vided for the guards and that a rigid investigation should be made into the circumstances surrounding t)ip g;ranting of the contracts and the supervision of the work. There ha,s been no apparent sign of any intelligent action in connection with the, work at the prison. Forty thousand dollars was spent to have water piped into the prison. Then it was found that the water was unfit to use, and ,was likely to breed disease. Water was unexpectedly struck during the excavation work right in the rear of the prison and this problem was solved. Tjhe poor installation of plumbing, pipe fitting, brick work and general constructioii show inferior material and workmanship, and under the standard set by the specifications should not ha^-p been passed or paid for. EElkoVAL PbOCEEDINGS AMD INVESTIGATIONS 861 It does not require the services of an expert to See this. Any prison official could have discovered it by the inost casual reading of the specifications aiid by the merest glance at the work. And yet I procured the services of two experts, one of whom is an expert builder, who, under the impression that less than $760,000 had been spent in the construction of the bliilding declared that there had been an overcharge of $75,000. As a matter of fact more than $1,000,000 has been spent, which would increase the overcharge to about $325,000. The dishonest work has been as conspicuous in small matters as in large. According to sijecifications there should have been a trial run of fourteen days for th6 steam plant, but seven days after the engines were put in operation the State was compelled to pay mOney to repair them. ' One item was $20 to rebabbit a shoe — 300 per cent, more than market price. A new nut was bought for the engine at 250 per cent, more than the market price. These engines have been running about two y'earsJ The repairs on them so far have cost $500. A strik- ing proof that graft rules this work is given in the fact that a representative of the State Architect 's office on the ground objected to some work which the con- tractor wanted passed as being up to' specifications. The controversy reached the State Architect, who in- spected the work himself and passed it. The first specification provided that the successful contractor should furnish his own tools and plant for doing the work. After the contract was let the suc- cessful contractor was allowed by a change in the specifications to charge $7r) n day for the use of his tools. Assuming the contractor obtaining thfe contract knew this condition he would, of course, be in a posi- 862 Public Papers op Govebnoe Sxjlzbb tion to underbid Ms competitors. If, by any chance, one of his competitors had received the contract it is not likely he would have received this concession. Tliis peculiar method of doing work seems to be the rule up to the present time. The work now going on was let in two sections and the contractor appears to, be the absolute boss of the situation. One contract should have been completed two months ago. It is still unconapleted. The other contract calls for completion November JLst, of this year ; it has just been started. The penalty fixed for delay is only $10 a day. Therefore, it appears that no difficulty would be had in cancelling this contract if the State finally concludes this ought to be done, pro- viding the contractor has not protected himself by, sev- eral small labor disturbances. The first draft of prisoners arrived at this prison on February 8, 1911. There aie only a few more than 400 prisoners located in the cell house now ; while there are cells for more th,an 600. This is another specimen of. the methods used iji. ma,naging the prisons of the These, 200 cells, each lighted and equipped with toilet an,d running water, have been left vacant while men are sleeping two in a cell in other prisons and on cots strung along the corridors. Six hundred ^nd twenty- three, can be properly cared; for at this prison. More would be a menace, because no work can be found for them on the farm and any effort to release them in the open would surely result in some general disord.er and probable escape. And yet contracts have been let for the new wing. Therefore I strongly recommend that this work be stopped, if possible; that no more money be paid to the contractors; that this contractor, all subcontract- EbiAoVAL PrOCEEOIN^S ' and iNVESTiGATIONS 863 ors, and all other persons coilcerned directly or indi- rectly in this Svork, be thdroughly examined, to the end that' it might be discovered whether criminal prosecu- tion against some of these should' riot be instituted. Among the many violations of the contract is' one concerning asbestos. Attached to this report you will find a report of an expert who declares the: asbestos use'd was not according to specifications; that it was cheap and uselesa and lacking in proper thickness. That the pipes were not properly covered and that some of them were not covered at all, and that the Wchrk would shortly have to be done over again. You will also find attached to this report a report of the stnic- tural expert who examined the building. I have ihentioned only a few of the defects in the work. I believe that many more can be found of at least as grave a character in a searching investigation by experts in the various lines. Further investigation of the accounts may show that at least on one of the contracts a great deal of money was paid in excess of the original bid. Respectfully submitted GEO. W. BLAKE Commissioner CoMSTocK, N. Y., April 5, 1913 As requested, I have carefiiUy examined the work and material connected with the pipe cov6firig used in the prison at Comstock, and hereAvith submit my con- clusions : • " The pipe covering is ihsta,lled in the engine room, laundry, boiler room and in basements of the cell building. I have compared the material and labor with the standards demanded under section 46 of standard 864 Public Papeks oi'^ Gtoveknok :SuiiZEB specifications, which form a part of the contract fqr, this work entered into on the 3d day of November, 1911, between Joseph W. Scott, Superintendent of Prisons, and A. Pasquini, of 1123 Broadway, New York, and find tliat neither the material nor workman- ship comes up to the specifications demanded- , The pipe covering on the high pressure lines does not exceed one inch in thickness. Under article 639 of specifications referred to this material should be at least two inches thick. On all the fittings used on the high pressure lines the covering does not exceed three-quarters of an inch in thickness, and in many places only one-quarter of an inch thick. The effect of this is to cause great loss of heat, and rapid wear and tear; in fact even at this eairly date after the installation of the work, the material is now scaling off throughout the whole system. The material used on the high pressure pipe lines, as called for in article 634, should be of 85 per cent, mag- nesia, grade A. The grade furnished is 35 per cent, magnesia, grade B, and some of lower grade. I sub- mit samples of the material used. On the low pressure lines the covering is even now in such poor condition that a large percentage of it will have to be replaced inside of a year if not repaired and put in proper shape at once. On the fittings of the low pressure lines the covering does not average over one-half inch in thickness and i^ also in the same bad condition. I find that the heavier covering, intended for the high pressure lines, was placed on the low pressure piping, and vice versa. Standard specifications under the contract call for at least 1 per cent, of oil paint on all pipe coverings. Ebmoval Pkoceedings and Investigations 865 The paint used is what is known as cold water paint and can be brushed off with, the hand. No paint whatever was put on a large number of feet of covering. * ; Under article 634 of specification^ the contractor is required to use skilled labor in installing the pipe cov- ering. , This, was not done — unskilled and inferior labor being used. , Article 642 of specifications calls for the coverings on heaters, tanks and separators to , be at least two inches in thickness and to be applied in three coats, with; a fine plaster finish of at least one-eighth inch in thickness. The covering given does not excee4 one and one-half inches in thickness, and has no plaster finish. After measuring over 2,800 feet of pipe covering, I wish to state that if this work was paid for as per the grade covered by the specifications of the contract there was a loss to the State in first cost of at least $500 on this pipe covering job. Taking into consideration, however, that there is a constant loss of h6at, and tliiat this means more coal, there is, therefore, a steady and constant expense to the state due to defectiye material and workmanship. The repairs, too, must be taken into account. My opinion is that this is the woi-st jot) I ever saw, and no honfest inspector, understanding his business, should have passed the work. As for the general piping and plumbing work of the prison it. is very bE^d. J. P. Francisco, heing duly sworn, deposes and says : That he is 37 years of age, residing at 620 Beecham avenue, Rome, N. Y. That he is well qualified to act as an expert and appraiser on pipe covering, having been in the business for the paSt twelve years continu- 28 866 Public Papers of Govebnob Stjlzeb ously, that he has had a large and varied practical experience in the; work, that he is now a contractor in this class -of wo rkj and accepts and carries out large contracts. That before signing the foregoing state- ment he carefully read the same, and that the same is true of his own knowledge. J. P. FRANCISCO Sworn to before me at Comstock, N. Y., this 5th day of April, 1913, Geo. W. Blake, Commissioner. Rome, N. Y.,' April 7, 1913 George W. Blake, ComiHissioner, 132 State Street^ Albany, N. Y.: Dear Sir. — I found the grounds upon which these buildings were built composed of quicksand, very un- suitable for heavy buildings, allowing the buildings to settle, and cement to crack, also causing defections in plumbing and heating. The depreciation on buildings from the above cause and from extreme dampness caused by deep excavations, and the natural wear of the elements would be, in nay estimation, $75,000. The guard-house was a very poorly erected building, and the division walls were not fireproof, being built of very cheap material. Flooring was spruce wood, where it should have been fireproof material. I enclose herewitb copy of findings on special orders on contract, and affi,dayit as requested by you. Yours very truly T. E. BURNEY STATE OF NEW YORK,! ?• ss ' County op Oneida, J T. E. Burney, being duly sworn, deposes and says : That he is a contractor and builder, which occupation he has followed for twenty-five years, and he has also Eemoval Pkoceedings and Investigations 867 adjusted fire losses, and jtnad^ e^tinp,atioiis on construc- tion work of all descriptions ; tliat for one season lie was employed by the New York Central & Hudson River railroad to appraise property; that he is familiar with both carpenter and mason work, also plumbing and heating, and specification^,, and knows the value thereof. T. E. BURNEY Sivorn to before me this 7th day of April, 1913. C. H. Watteks, Notary Public. Repobt of Geoege W. Blake, Special Commissioneb, ON Auburn Pkison bepobt on aubuen peison By George W. Blake; A Special Commissioner Appointed to Investigate Prisons and Reformatories of this State Hon. , ^illiam Sulzeb, Governor, State of New York, ,E^ec(i4ive,Ch(i)nb&r, Albany, N. Y.: SiE.,— Herjewith is a report of the investigation made by me at Auburn prison, under authority vested in me Dy your commission of the 14th inst. Included in this repprt; you have a summary of the report made by an accountant who examined the books of the prison, all of ; which is respectfully sxil:)nutted together with the testimony. INTEODUCTION I 'have found in Auburn prison brutality, violation of the law, waste and general incompetency.. Twenty- eight prisoners have become insane during the last twelve months. 'The: testimony of trustworthy wit- nesses indicates that cruel .punishment deprived some 868 Public Papers of Q-oveknoe Sulzeb of these prisoners of their reason, that the prison doc- tor is careless and unfeeling, and that he has repeatedly refused to attend upoii women during confinement. More than three thousand pounds of food is thrown into the swill barrel every week. This refuse was weighed as it came from the tables. Sworn testimony proved that the waste had been going on for two years, at least. ' - The current report of Warden Benham recommends an appropriation of $75,000 for centralizing the boilers and $4,000 for a filtration plant. The testimony also shows that the expenditure of any money for these purposes would be useless, that nothing would be gained by relocating the boilers, and that a filtration plant is not needed. . , , A careful examination of the workshops reveals a cash investment by the State of $535,492.05 and shows that the proceeds from the sale of manufactured goods are decreasing. A comparison of the first five months of the fiscal year with the same period a year ago ex- hibits a falling off in production of more than $20,000^ and a decrease in gross profits of $8,400. The entire industrial plant has been conducted in opposition to the public interest, and solely in the interest of individuals. It is my opinion that the whole industrial matter should be the subject of a special investigation. I do not believe that the gr-oss mismanagement of the indus- trial part of the prison has been due solely to careless-' ness or incompetency: " The State has been supporting a humber of fine horses and vehicles for the pleasure of the warden. The annual cost of maintaining this luxury is an; un- necessary burden upon the people. The value of the horses; and vehicles is at present $2^500, Ekmoval Proceedings , aetd Investigations 869 It is difficult to imagine a worse condition of affairs. Later, if: you please, I will supplement this report by suggestions tending to reduce the cost pf, maintenance and prod;uction and f qj: the improvement of the general condition. I recommend now as speedy a change as possible, in ^ the wardenship, and the creation of a bui:^a,U foj the purchase of all the supplies used by the prisons and reformatories. I would also recommend that these prisons be kept as units, so that each one may have its own appropria- tion, its own allotment ,of supplies, and be compelled to stand upon its own feet. The present method seems to have been adopted because it was a good method to cover up defects; in other words, so that there would be a general average in bad management and extrayar gance, and no one prison could make a better record than another. It is my opinion, based upon facts gathered from the testimony, and by personal investigation into th,e vari- ous departments of the prison, that it would be possible to reduce the cost of maintaining this prison $75,000 a year, and at the same time to improve its general condition. The Legislature of 1912 appropriated $6,000 for a new industrial office. This office is not needed. The appropriation runs out in two years. I suggest that it be permitted to run out. GBNEEAL ADMINISTEATION TJctcTi of Efficiency, and Culpable'Carelessness in Hand- ling State's Money and Materials The entire administration qf the prison i§ lacking in almost every essential fqr efficiency. There is no real supervision, every one of the officials appearing to do 870 Public Papeks of Governor Sulzer as he pleases. If the warden or Superintendent Scott wanted information concerning any Special depart- ment the man in charge of that department was called to the warden's office. Neither the superintendent nor the warden, nor any other official, having the right to suggest better methods, or to command them, ever paid adequate attention to' the prison management. Mr. Mills, the sales agent, wSis permitted full control over the shops. He appointed himself State Superin- tendent of Industries, and gave orders to the em- ployees. In every case these orders were obeyed. He was recognized as the master in all industrial matters. Why he was permitted to exercise this authority must remain for a time a matter of conjecture. Under his control the shops were kept busy making articles that were not salable. Complaint has been made of the lack of storage room. There are about 18,000 Warren desks stored in the prison grounds now, and 12,000' more in course of manufacture, and yet the cry is for more money to increase the operating space. The desks which they make are those on which a royalty has to be paid. Any other kind of desk would be just as satisfactory. I cite the two following instances to show how had the industrial management is : Baskets weighing about thirty pounds that were made in Auburn prison werg shipped to the Riverside Hospital in New York. The charge for the baskets was $15. The cartage from the Grand Central freight yard in New York city to the hospital was $12 and the bill was O.K'd. by F. H. Mills. It appearing certain that the hospital would object to this charge, the amount for cartage was reduced to $3, and the remain- ing $9 was chai^ged up against the cost of manufacture. Removal Procbbdin&s and Investigations 871 It did not seem tp occur to anybody here that the bill of the truckman ;shpiuld be disputed.: He is allied with a strong political faction in New York. -.A stool was made in Auburn prison at a (jost of seventy cents and shipped to Dannemora. The carry- ing charges were seventy-eight cents. . It frequently happens that goods made here and shipped to New York had to be renovated' at some- thing like two-thirds of what it costs to make them. Bills for renovating and repairing newly made articles are from $400 to-$60O a month. The man having this contract is also allied with some strong influence in New York city. If the men in charge of this prison did not share in this graft they certainly permitted its creation and continuance. One glaring feature of the wrongs inflicted upon prisoners is that of fines, and this will be elaborated when a report making suggestions is made. The pro rata cost of feeding the prisoners, as it ap- pears in the records, is a false pro rata, because it includes food consumed by others than the convicts. The man in charge of the boilers and machinery says that he spends over $300 and $400 a month for inci- dentals. These charges were outside pf the estimate for maintenance. , There are three boilers for heating, and nine for power. Any sort of proper management would recog- nize the advisability of using electric power and indi-. vidual motors for the running of the various shops. But instead of that, an expenditure of $75,000' hasbeei^ recommended to take all of these boilers up and con- centrate them in one spot. This is an outrageous sug- gestion, because such a concentration would be useless, and would result in the abandonment of many pf the boilers that are perfectly good where they are. There 872 PuBLit! Papees of Govebnok 'Sulzek is testimony to the effect that even if it were ueeessary to concentrate these boilers, it could be done for about half of the appropriation asked for. "There is a wide difference in the testimony concern- ing the consumption of coal. I did not have time to give this particular matter as much attention as it deserved, but I think i it' would bear close inspection under a new prison administration. The man in charge of the boilers for the women 's prison swore they consumed 1,200 to 1,500 tons of coal a year, while the same service ought to be procured at a consumption of not more than 780 tons. The total amount of money expended from " special appropriations " from January 1, 1911, to April' 1, 1913, was $52,034.12. The monthly average was $1,927.19. The prison has been carrying a shortage on its books of $2,895.51, which occui'red under B. Frank Weinegar while he was a clerk in the prison. This shortage has never been made gOod although Mr. Weinegar and the assistant clerk were under bonds. One of these bondsmen was Arthur M. Ward, of Jamestown, N. Y. The law gives the ■ agent and warden the power to collect this debt but he failed to take any steps in this transaction. Weinegar is still employed in the prison as correspondence censor. ' ' " The method of having all the supplies bought for the male prison and certain portions transferred over to the female prison makes it possible to juggle the ac- counts, and to show unwarranted charges for supplies for the women's prison. This alone shows the neces- sity of adopting the suggestion that each prison be treated as a unit. You will see ample and corrobora- tive reasons for this suggestion in the testimony which accompanies this report. Eemoval PboceedinjGS and Investiga;eions 873 I want to say once more, that there has never been- any inspection or supervision, or useful suggestions, either by Golpnel Scott or Wardjen Benham, toward more efficient rnanagement of this prison, better con- trol of the institution,, , or ^ts conservation in the public interest, so far as I have been able to learn, ■ THE FEISON DOCTOR Charged with the Neglect of the Sick and Brutality Toiqard Prisoners The physician .of the prison has held that place since May 8, 3898. He is an autocrat.. Abundance of evi- dence, shows ithat ,he is brutal in his treatment of the sick, neglectful, of their needs and, that he flagrantly violates that section of the ^ Prison La^ whicja defines his duties. No effort has ever been made by any of his superiors to compel ]iim . |;o, moderate his sevei'ity or stop him from compelling ^ick men, to expose their persons ior examination befpre, their associates or to curb Ms intolerant and incompetent administration. I realize the fact that these are severe charges — : so severe that I did not call the doctor as a witness, h&- cause Ij feel, that his administration of the hospital ^hpuld t:)e the, .subject of a thorough investigation by a grand jury. , ; .The bulk of the evidence gathered against this' phy- sician comes' from persons other than convicts. I was careful in this matter. Severity Causes Insanity You will find attached to this report the statement of a man whona you will recognize as being entirely trustworthy and who declares that during the past year a numher of persons have gone insane after punishment' inflicted by orders' of this physician. 874 Public Papers of Governor StiiizEE You will read' of meil that have been cahfined in cells for long periods, and that they come out of these cells with shattered nerves, and with every reason to believ6 that they will never recover their health. This doctor has absolute control over the sick. At a time when men should receive humane treatment they go under the control of this physician who treats them in a more brutal manner than they are ever treated when they are well. Every nook and cranny of the prison reeks with tales of the cruelty of this man. I was not able to dis- cover that either the warden or Colonel Scott or any of their subordinates ever made any attempt to pro- tect the defenseless sick from this treatment. Once under this doctor's care the men are in a desperate plight. If he desires, he has the power of ordering into an isolation ceil any sick man he pleases and the unfor- tunate prisoner immediately falls under the suspicion that his' mind is unbalanced. Here is some of the testimony : * Q. "VVTiat would happen if a man became insane ? A. Why, there are so many ni'en that are put in .that condition we have to send them up to Dannemora for being insane. Q. When the men came here were they apparently sane? A. Yes, sir. Q. Were they long term prisoners? A. Not all of them. Q. How long had the men been here on an average? A. Some had^nqt been here over a year. Q. Quite long enougji to have this system affect their minds? A,,. Yes.. Some of; the meii, really grew insane from evil habits. This, of course, hastened Removal -Peoceedings and Investigatioks 875 their insanity. But I haye had them appeal tp ^meifor relief, ai^d when I tried ;tp; do something for thenj ,1 was told I was interfering with the doctor's pre- rogatives. Nothing would he done, and th§ , men would lose their minds, and we would ship them off to Dannemora. , Q. Did you ever notice the condition of any of the men after leaving these cells? A. I have. Q. What was it1 A. They were exceedingly nerv- ous. I have often gone down to visit the men while they were in the cells, and looked through the little openings^ and it was so dark in there that I could not see them, A great many of them have broken down ; some of them are affected for life. Q. Sp far as you know, a man is punished that way without any regard as jtp whether he is a strong ms.n or a weak man ? , A. I have neyer known of any dis- tinction being made. Q. Do you think punishment of this chara,cter is necessary? A. I would sa,y that it was not; I should say they should have enough water to drink, and enough bread to eat; and I -think they should have bedding to lie. on. iQ. They are punished in a three-fold manner; by depriving them of water, light, and by creating phys- ical discomfort?! A. I consider it a more crying shame to have them square-chalked, which leads to insanity. I have seen boys break down completely, and beg to me to get them relief. Q. Is it your opinion that a main might remain normal throughout^his life, and become insane through this treatnient? A. Yes, through being square- chalked. Yef^, I know it to be so. - ' ' 876 Public Papers of Goveenok 'Sulzeh Q. How' often was tlie superinUendeiit here'! '' A. Well, I do not know ; he was here three months ago; ' Further testimony was to the effect that one man is now confined in one of these cells who is on the verge of insanity. Cruelty to Refractories '" Refractory prisoners put in cejls fo:r punishnaeiit have only two gills of wa,ter ev^ry twenty-four hours. The doctor fixes this amount and declared it was stifB- cient to maintain life. I weighed the measure used in supplying the prisoners with water and found that its weight was eight and one-half ounces. If these punish- ment cells were light and sanitary the punishment would be very heavy; but— ^ the fact is-— that these cells are only eight fetet tVo and one-ha:lf inches long, four feet Seven inches wide and eight feet high. They are perfectly dark and the only ventilation comes through the iron doors. There is no' furniture what- *gver in the cells, except a quart can into which the scanty supply of water is poured. Tie- floor has four rows of iron rivet heads that make a recumbent position practically 'impossible so that a man is de- prived of his sleep and rest as well as his food, drink, air and light. This punishmeint is worse than the old stringing-up machine and other modes of physical torture that ' have been abandoned by the State, be- cause it affects the victim's nerves as well as his brain and body. Neglect to Invalid Women , Prisoners The. treatment by the doctor of some of the unfor- tunate women prisoners confined in the women's prison is even worse. . In some respects it is horrible. During the last twelve or fifteen years there has been Ej^moval Pkoceedings and. Investigations 8,77 an average of one child-birth a year, and, sworn testi- mony, amply corroborated, proves that in these oases the unfortunate women have been left entirely to the care and mercy of convict nurses, some of whom were convicted for abortion. One of the women who served in the capacity of nurse and physician was Augusta Nack, who was convicted of complicity in the brutal Blurder of Guldensuppe. Although the women prison- ers are bad women, no man with akj humane feeling or imagination can fail to realize the tei'ror of a Woman lying in child-bgd and being attended in the dim watches of the night by such a woman as Mrs: Nack. Here is piart of the testimony given by a woman who was matron pf the women's prison for eighteen years : Q. Were any children born in the woinen's prison? A. Yqs, during my time abo.ut eighteeri, j i,,., / Q. How many during Warden Benham's adminis- tration ? A. , Approximately, five or six. Q. What kind of attendance did the inmates receive when in childbirth? A. Not any, only from midwives. Q. Do you mean to say from women who were in prison through their criminal practicing of medicine? A. No, from practicing abortion. . Q. Was it i not) the physician's duty to attend to these unfortunate women? A.: It was, but he never would come when I called ,hifli. Q. Did you ever fail to notify him when his seryices were neede4^ . A. No, sir. , , ,. i,., Q. Did you ever notify him and have him refuse to come? A. Yes, sir. Q. Whart did he,sa,y? A. He told me to let Augusta attend to the case. . , Q. WhQ is Augusta? A- Augusta Nack. 878 Public Papebs of Govebnoe Sulzeb Q. What was she in prison for? A. For the murder of Gulden suppe. She acted as the attendant in de- livering five or six children while she was there. Q. Do you mean to tell me that the prison phy- sician turned these women over to the care of Augusta Nack, the woman in, prison for complicity in a murder crime? A. Yes, sir. Q. Did you ever know of a ease where the doctor re- sponded when called to attend a woman in this con- dition? A. Never; during my .entire, time there ,he never was at a birth. Q. Can you tell me of any specific case where the prison physician refused to attend an inmate at your request? A. Certainly he refused in not coming to a confinement, and the child was delivered by one of the inmates who had been convicted of abortion. Another woman, at present employed in the prison, testified to this effect: A convict has charge of the hospital. There have been a dozen or more children born here within my knowledge. I think some of the women nurses were convicted of abortion. I know of one child having died. I do not think Colonel Scott made any investigation into the child's death. I knew the child was ill, and asked the convict nurse if I should call the doctor, but she told me that everything possible had been done. ; Then this testimony appears: Q. Then, as a matter of fact, the child died without medical attention? A. The doctor is the best jridge of tha!t.'' '■ '"'■' '-■'■•'' ■'",;■■ [, Q. Did the prison jjh^sician ever attend aily women who became mothers here? A. Not to rily knowledge. I think there have been three or four times, maybe five times, wheii the doctor has not been in attendance. Removal Proceedings and Investigations 879 Q. It would make no difference then,! whether or not a child was born in the daytime or the nighttime, the doctor would leave it to the nurses? A. So far as I know. ) The general condition of the prison brought about by the physician's administration is so bad and of such long duration that it requires immediate atten- tion and correction. No official who! paid aily atten- tion to the situation could have failed to discover it. STEAM APPAEATtfS AND WA.TER SUPPLY The last report made by Warden Benham contains recommendations for the concentration of the t;\yelye boilers used in thp prison and an additional appropria- tion of $4,000 for filtering the water supply by the city of Auburn. Testimony from experienced engineers and me- chanics employed in the prison is to the effect that nothing whatever would be gained by placing all pf the boilers in one spot, but that it was certain that a great deal would be lost. Such a change would neces- sitate the discarding of some of the boilers that are perfectly good, and which would serve the purpose for a doTien years to come. It was suggested by these wit; nesses that electric power should be installed for the use of the shops which would greatly reduce the cost and be more efficient in every way. "VVfhile $75,000 has been a^ked to move' all the boilers to one place, the man in charge of them said that some of the estimates for doing this work were from $25,00D to $30^000. , Another employee, familiar with the work done in the shops, was asked: Q. Would it, not be a better rid^ea to use electricity for all power? A. I am very mncla. in f&vpr of that. 880 Public Papees op Goveknoe Sulzee Q. So if you had individual motors you would not have to run the whole plant if you wanted to use one motor I A. Yes, sir. - Q. Then you would be in favor of installing el«e- trical power as fast as possible? A. I certainly would. Q. Any expenditure of a large amount of money for steam power would be a waste of money? A. I think it would ; I think' so. • Another practical engineer and mechanic employed in the prison was asked: Q. Don't you ttink it would be better and cheaper in every way to bore artesian wells for wiater for prison use inasmuch as water is costing the prison so much now ? A. I should think it would. There is certainly a lot of water here. , . The water supply qf the prison comes from Ow^gco lake, which is owned l)y the State and reaches Auburn by gravity. The prison pays from $2,500 to $2,800 a year in water bills.' Two artesian wells could be driven that would supply the prison with pure and wholesome water at a less cost than is now paid in two years for the city water. It is , difficult to imagine why recom- naendations for the expenditure of $97,O0O should be made to continue a system that is unwise and prodigal. '- '■■ WASTE IN THE COMMISSARY DEPARTMENT' It is with some hesitation that I report on the condi- tion of the commissary department of the prison. ' Oon- ditions there almost exceed belief. '' More than 3,000 pounds of perfectly good food prepared for the prison- ers goes into the swill barrels every wfeek, aiid'is carted away to be fed' to pigs and chickens. ;' ' I had this refuse weighed as it came from the tables, and later proved by witnesses under 6ath that the great waste has been going- bn for iiea'rly two years at least. ReMOVAIi PROCEEDIiSriSS ■ AND INVESTIGATIONS 881 This was the last of the waste and extravagance in the matter of food and was the final act. But leading up to it were many acts that plainly displayed a criminal disregard of the public money. , Staple articles have been purchased in the highest markets, in the most ex- pensive and inconvenient forms, and with a total dis- regard of any kind of method or system. There has been an entire lack pf any kind of supervision on the part of the managers of the prison, or of any proper management whatever. Employees in the various parts of the prison, competent to advise better business methods, have been ignored completely and made to understand that thfeir help in any adrainistrative capacity was not wanted. ■ s , In every branch of the commissary department there has been a riot of wanton waste and extravagance and a flaunting' display of gross ignorance concerning even the most ordinary business knowledge. -■:. It is difficult to believe that any man of conscience, having control of the work of providing for the daily needs of the prisoners, could permit such a condition of affairs to continue without at least making some effort at correction. I have tried diligently to learn whether any such effort was ever made, but without result. I have asked the men employed in this branch of the prison work whether the warden, the recent Superintendent of Prisons, or iany of their subordinates h!ad ever made an investigation of prisons, or into th,e way the' commissary end of the prison was conducted, and was told that iio'such inquiry had ever been made to their knowledge. - I have asked them if they thought the 'system in practice was good or bad and they replied that it was bad. When I asked them why they did not suggest better way fe of doing the work, they replied that they 882 Public Papers of Gtovbenob Sulzeb did not believe any advice or suggestion from them would have been welcome. Here is a sample of one dky's waste, as it came from the tables on Friday, March 1, 1913 : From the breakfast table 194 pounds of hash and bread. From the dinner tables came 145 pounds of solid food, consisting of salmon, boiled potatoes, sweet mixed pickles and bread, and: in addition 502 pounds of soup. Soup is served twice a week, so that of this food alone there has been wasted every week more than half a ton.. Here is part of the sworn testimony of a witness, who declared that the figures given above are accurate : Q. What is done with the refuse from the tables? A. It goes to the swill barrel. Q. What is done with the swill barrel when it is full ? A. A fellow comes and carts it away. Q. This refuse is made up from the refuse from the tables? A. Yes, sir. The man who carries away the swill said he fed it to his pigs. Another employee of the commissary' department testified that no effort had ever been made before to discover what , the waste was. ■ PURCHASING METHODS UNBUSINESSLIKJi This witness replied to other questions as follows ; Q. Is it not a fact that some of the goods were pur- chased when the market was highest? A. Yes, sir. Q. Then it is your opinion that the method of buying these supplies is an expensive and unnecessary method? A. Yes, sir. Q. Were the methods better under the previous superintendent than under Colonel Scott? A. I would say they were, looking at it from an economical view. Eemoval Proceedings and Investigations 883 Q. Did the prices increase under Colonel Scott? A. Yes, sir. They increased independently of the fluctuations of the market. Witnesses testified that many of the supplies used were bought in small packages, and that no effort was ever made to have them put up in bulk by large manu- facturers. They said that if this were done the cost would be much less, and that much labor and time wQuld be saved in preparing the food for the table. Asked if they knew whether they received the quality of supplies the contracts called, for, they replied they had no means of knowing, because the contracts were made in Albany, where all the samples were kept. They merely received what came to them without question. One of the witnesses was asked : Q. The samples are kept a few hundred miles away fromtbe iixstitution? A. Yes, sir. Q. Do you think that is a good method? A. No, I do not. Q. If you had the sanaples, here, you and the man who prepares the food would be able to see if the State was getting whatjt paid for? A. Yes, sir. Q. From whom; do you buy eggs? A. From a wjiole- sale grocer in ithi^ city. Q. He, gets the eggs from, the farmers around here? A. I think so. Q. So t^iere were no transportation charges? A. I dp not thiijc;);here were. Q. You paid twenty-five cents a,4o?en. for eggs on Easter, while the market price was twenty-one ,oen|;s? Why did you pa.y so much? A. Bids for eggs were opened on February 15th, Q. Do you find that you pay more wheix you buy from local dealers? A. Sometimes. 884 Public Papers of Governor ' Sul,zer This is a fair sample of the business administration of the prison. Bids for eggs were opened in February, when eggs* were high. The same condition exists in nearly every line of produce. It was said in extenua- tion of this absurd method that the law was responsible for it ; if this is true the law should be amended. STATE PAYS FOR WARDEN'S PLEASURE RIDING The people of the State of New York maintain for the pleasure of the warden of this prison, and the matron of the women's prison, a handsome stable, equipped with horses and vehicles representing an in- vestment of more than $2,000; and a coachman at a salary of $1,020 a year, besides a cost of nearly $1,500 annually for feed and repairs. In addition to this cost there has been the incidental cost of cutting a carriage- way through the massive prison walls. This expensive establishment has been one of the conspicuous public features of the prison management, which has been clamoring for more room and new buildings while this large stable building has been used and maintained for private purposes. There are in the stable four horses — a ihagnificient team for the warden, and two other horses — one of which is for the use of the matron of the women's prison. The value of the team, estimated by the coach- man, is $1,000. ' Here is some of the testimony from the coa,chman: Q. What kind of driving do you do; pleasure driv- ing, is it not? A. Oh, yes, mostly that. Q. Where do you drive? A. Out in the country. Q. Where, for instance? A. Well, I drive to Sennett — Mrs. Benham has a farm down there — I have driven down there many times. Eemoval" Proceedings AND Investigations 885 Q. Do you ever drive out to Owasco lake? A. Lots of times. Q. The horses are maintained by the State, aren't they? A. Yes. Q. So far as you know, this equipment, this private prison stable, has never been used for any other pur- pose except for the pleasure of the warden, his family and his friends? A. That is just the right answer ; that is right. Q. Then the same thing is true in regard to the matron of the women's prison? A. Just the same thing. Q. Then this equipment has heeivused by the warden for his own pleasure and not for the prison's use? A- Yes, sir. GEO. W. 3LAKE, Commissioner Supplemental Report of George W. Blake, Special Commissioner on Great Meadow Prison ALBANY,iN. Y.,^:April 19, 1913 Honorable William Sulzer, Gover.nor, State of New York, Executive Chamber, Albany, N. Y.: Sir. — The ;pre^miu.|ary report made by me on the work of constructing the Gre^t Meadow prison at Comstock was conservative. In, that report I made no mention of the apparent conspiracy entered into by the men who conceived the . scheme, of building the prison, of the favored contractors or of the subcon- tractors, many of whom hold high places in the busi- ness "v^oxld, .But tliat- thei:e was a conspiracy on the part of |these,various persons to rob the State is plain. "Whatever small doubt may remain in the public mind 886 Public Papers ,of Govebnok Stjlzeb , concerning the matter can be easily removed in any one of many different ways. Franklin 3- Ware, who was State i^rchitect at the time the contract was made, has written. the following letter to the present Acting StatjS Architect, Mr. Charles A. Sussdorff, un^er date of April 10th: " Franklin B. Ware and Arthur Ware ARCHITECTS 1170 Broadway, Ne\^ York ' '' April 10, 1913 " Mr. Charles A. Sussdohef, Acting State Architect, Albany, N.Y.: My Dear Sugs.-— I have yours of April 9th, request- ing information regarding the preliminaries in con- nection with the award of contract to the Hudson Valley Construction Company for ,work at Great Meadow prison. As' the whole thing occurred nearly four years ago iny memory as to some of the details is somewhat hazy and wilLhave to be refreshed by refer- ence to all the records, in the State Architect's office,. The following ai-e th.e. facts as I now recall them. About June 1, 1909, Mr. Collins called at my office and stated to Mr. Oliver, in my absence, that he desired to award the contract for work at Great Meadow prison, for which Governor Hughes- had just signed the appropriation bill (or w-as' about to) On a per- centage basis,' %ithout competition and he suggested the name of the Hudson Valley Construction Co. as being qualified to do the work. ITpOn my return Mr. Oliver gWe me this information and I immediately wrote a letter to the Attorney-Gen- eral asking him what niy authority and power were in Removal Proceedings and Investigations 887 connection with this prison work as the bill appropriat- ing money for it had been somewhat pecnliarly worded, apparently giving Mr. Collins authority to make con- tracts on such basis as he thought desirable and re- lieving the State Architect of some of the authority he usually has on other work. All of this is a matter of record in the office and you can find the answer from the Attorney-General, which if I remember correctly was to the effect that considerable discretionary power had been given to the Superintendent of Prisons. In the meantime I wrote a letter to Mr. Collins tdlling him that I thought it extremely desirable, if not abso- lutely necessary that competitive bids be received, and also stated that it would probably be necessary to ad- vertise the work publicly and (I do not think that C. ever took up the question of advertising with the Comp- troller) suggested that ie confer with the Comptroller as to the necessity of advertising. I also enclosed with this letter a rough draft form of specification and proposal updti which I suggested that bids be obtained. I had no further communication or correspondence with Mr. Collins on this subject until some week or ten days after, when Mr. Collins called up the office and saicl that he had received proposals for the work and that they were to be opened in his office that day, and would I have a representative present. Upon comparing the outline specification which I had prepared aiid sent to Mr. Collins with the specifica- tions submitted by the bidders with their proposal^, I found that Mr. Collins had made some changes. The 6bpy you have sent me is a copy of the piroposal form and spiecificatioii sent out by Mr. Collins and upon which the bids were obtained. The memorandum on the margin in red pencil was made by me; the word 888 Public Papers of Goveenob Stilzee n a out " with an arrow under it indicates that a para- graph contained in my original draft had been omitted in the Collins ' draft, and the word ' ' new ' ' indicates new matter inserted by Mr. Collins which did not ap- pear in my draft. There were other minor differences in my draft and Collins* draft of the specification but I made no memorandum of them at that time as they were more or less unimportant. Th*re should be some- where on file, in the office a copy of my rough draft that I sent .Collins. ... .i i..^ ^ The Hudson Valley Construction Company wercrthe lowest bidders under this specification,, and Collins wrote me directing that a contrapt be prepared with them. We (Mr. Collins,, Mr. Boland. and myself) hjad a nuniber of conferences regarding the details .ofithe contract, Mr. Boland ,cl9,ime,d> that he was entitled to a plant charge upon the ground that the: Hudson Valley Construction Qp. should be reimbiirsejd for the wear and tear and depreciation , of. their plant;, that the specification upon which his bid was bas,e^; provided that his company shoj:^ld ;f.urnish. , all, .tools, equipment and temporary buildings to carry on the work without expense to the State, that, his interpretation of this clause was that his,. company shoul^l; furnish all this material and equipment on the ground, that this ma- terial and equipment consisting of engines, hoisting machines, concrete mixers, tools, carts, ove'Tljea.d.cp.r- riers, temporary buildings, etc., would cost his com- pany about $25,000 and that due to the operation thjere would be a wear and tear and depreciation on the valu,e of this plant to the (^xtent of about, 50 per ceiit. and that therefore, the, State, should pay the plant charges to cover this depreciation. 4 pnt this matter, up to Mr. Collins and asked him Eemoval Proceedings and Investigations 889 for his interpretation of the clause in the specification referring to the contractor providing tools, equipment and building at his expense, as this was a clause added by Mr. Collins and not one that appeared in my original draft. Mr. Collins stated that in adding this clause it was his intention to provide that the contractor should fur- nish the equipment, tools and plant on the site without expense to the State, in other words^ that he did not intend to have the State buy the "plant '" and at the completion of the work have a plant on its hands, but that he saw no reason why there should not be an equitable plant charge allowed for depreciation as claimed by the contractor. ; ;, i ,,r>: I told Mr. Collins that I thought the allowance re- quested by the contractor was too much and that a one- third depreciation would be fair, and that as the con- tract was for one hundred days' work, a $7,500 allow- ance fpr depreciation should be sufficient and that this figured out at the rate of $75 per day. Mr. Collins then instructed me to prepare the . contract on that basis, and he subsequently signed the same with the Hudson Valley Construction Company and the contract was approved by the Attorney-General and Comptroller in the usual way. Subsequently, the contractor applied for an exten- sion of time on the contract, to which Mr. Collins agreed, but I brought up the question of the plant charge and stated that it would; not be right to allow this charge to run on indefinitely. The contractor claimed that the allowance originally made was not sufficient to cover the true depreciation and it was eventually agreed to compromise the matter by limit- ing the plant charges to a sum not to exceed $10,500. 890 Public Papers of Goveenok Sulzeb There were subsequent extensions of time on the con- tract but no further plant charges were allowed. I hope that this explanation may be' of assistance to you. As this whole thing occurred so long ago I would hardly feel justified in saying that this was an abso- lute accurate statement of facts, but in the main it is a correct statement of the various questions involved, and everything can be verified by. referring to the records in the office. Iri accordance with your request, I am herewith re- turning copy of the specification and proposal form as sent out by Mr. Collins upon which bids were obtained. Yours very sincerely, ( Signed) FRANKLIN B. WARE ' ' FBW-Mk. Enc. It will be noticed that the original specifications con- tained a clause written in by Mr. Collins that no allow- ance would be made for the use of the contractor's plant and that after it had been decided to permit the Hudson Valley Construction Company to- do the work that the allowance of $7,500 was made. It is fair to assume that this particular clause was inserted in order to favor some one contractor. The company failed to finish the work within the time set and in- stead of being compelled to pay a penalty for this failure the company actually got an additional allow- ance of $2,500- This made a total allowance of $10,000 for the use of a plant which the contractors alleged was worth $25,000. The true value of the plant was probably much less. Of course I do not know whether aiiy secret agreement existed by which it was previously understood that the company was to get this Removal Proceedings and Investigations 891 allowance of $10,000, but it looks very much as if some agreement was entered into. The first appropriation for this work was $350,000 and, as pointed out in my first report, this sum was sup- plemented by additional appropriations aggregating nearly $2,000,000, of which is left about $750,000. An attempt is now making to increase this amount to $1,000,000. The nlethods that characterized the beginning of this work have been continued up to the present time and I have not the slightest doubt but that it can be easily shown that an arrangement exists by which cer- tain sulacontractors shall be permitted to get as much money from the State as possible, provided any secret contracts entered into are observed. If any additional proof, beyond the facts already presented, is necessary to show that the State Treasury has been looted in this Work, it can be found in sworn testimony. Eichard B. Ohatfield, the principal keeper of the prison, was asked what he thought of the present build- ings and declared that they were not properly con- structed. Then he was asked : Q. Have you any criticism to make in regard to them? A. Well, the buildings are not properly con- structed. So fiar as the walls are concerned they are regular fire traps. The wall is built of plaster boards. There are no permanent walls of any description in this (administrative) building. For instance, if one of my men threw anything against the walls they would break through. '' '■>■' Q. So far as you know they are only temporary? A. So far as I know. Q. This building has been accepted by the State? 892 Public Papers of Governor Sulzbr A. Yes, sir, I believe so. Now, the space hetveen, the walls would act as a draft in case of fire. The piping throughout the building, whether due to the condition of the water or whatever it may be, is such that we are obliged to repeatedly replace it because it is eaten up inside. It might b^ the wat^r that causes it to eat itself out, but every little while the piping has to be replaced. Q. There' are wooden floors in the building here? A. Yes, three-inch planking; apparently laid per- manently. Q. In your opinion it should never have been ac- cepted by the architect? A. I don't think it should. The same thing can be said of the cell house. The cell house construction of the devices for opening and clos^ ing the windows are such that we have to ;have men on them repairing the iron bars that work them. The State Architect recently wrote relative to the construcr tion of the new wing and I was asked to make sugges- tions and I suggested that the bars be closer together so that men could not pass things from one to the other in their cells. On the north end of the cell house a man can pass a bed from one cell to another. Q. Do you think this is the best site for the buildings ? A. Not by any means. The prison should be built on a hill. Q. It would be easier to take care of? A. Yes, and it would do away with the necessity of spending $100,- 000 for grading. The site is entirely wrong in my estimation ; the building of the prison is wrong in every way. It has been repeatedly stated, although I have not investigated the matter, that $30,000 was appro- priated under the administration of Governor Hughes for building a road around the prison. Removal Peoceedings and Investigations 898 There is not now, and never has been, according to statements of men competent to know, anything in the nature of a road. If $30,000 was ever appropriated for the building of the road it was in all probability clean graft. Charles E. Hamilton, the prison chaplain, said that the building was not what it ought to be. Then came this testimony : Q. Do you think that life would be lost if a fire should start in the administrative building or cell building?' A. I think go, particularly in the adminis- trative building. Q. There is a lot of combustible material' in the ad- ministrative building'? A. Yes, in the floors. Q. There would be no way of releasing the men if a fire should start? A. I do not see how they could get out except through the doors. THE PBISON ADMINISTRATION It is difficult to present a clear and comprehensive report of the administration of the prison because of faulty and inadequate business methods. According to the last report of Colonel Scott the farm at Great Meadow consists of 1,100 acres of ' ' mostly good tillable land and soil." He also wrote that " good beginnings have been, made in the agricultural work at this farm." Both of these statements were inaccurate. There are no more than 340 acres of this land tha-t is fit for farming purposes. The rest is stony hill land that is of no value whateyer except pos- sibly for sheep culture, an industry which has received small attention from Warden Homer. Instead of being good the ' ' beginnings ' ' have been as bad as pos- sible and the; lack .of system and the waste of public 894 Public Papers op Goveenoe Sulzeb money in experiments are the most conspicuous feat- ures of the prison management. There are about 90 head of cattle and the farm does not produce enough to feed them and yet these cattle are kept insufSciently fed, improperly housed, yield- ing only a small return in milk while the country is swept for beef cattle. What methods the warden uses in buying, cattle from the surrounding farmers I have been unable to under- stand, A very careful examination of the books of the prison, casual talks with the warden and sworn testimony from various attachees of the prison indi- cate that the warden is doing the very best he can, according to his light, but this light shines dim in many branches of the work. I have failed utterly to understand some of the methods used in conducting the business of the prison. In the record you will find sworn testimony to the effect that dressed beef has ,been bought from farmers at six cents the pound and that it has been charged up as live cattle at the rate of four cents, but the rate has been increased so as to make the amount paid for the beef the same. While it does not appear that any person has bene- fited financially from this method, it is certainly a peculiar way of doing business. The farmers were required to sign the vouchers representing a larger amount in weight than they sold and when they ob- jected they were told that it. was all right. After ha'i''- ing signed the vouchers they Were required to swear to the accuracy of them. The farmers interrogated said that they were not testifying to the accuracy of the vouchers, but merely swearing to their signatures and that they Were as- sured that there w^s'ilothin'g crooked about it. The Eemoval Pkoceedings and Investigations 895 farmers accepted this statement as far as it related to their side of the transaction, but the matter has been discussed over a large area. It seems certain that this method was adopted in order to falsify the books so that the prison could make a better showing, even if graft is not hidden some- where in the juggling of the figures. The warden has striven to run the farm without competient help and to grow crops that every other man around the countryside knows will not grow in that soil. There are more than 4W prisoners, about two-thirds of whom are employed on the farm and in road building. A great deal of labor has beeii done on conservation work for the benefit of the Conservation Commission, which benefits by this labor, but pays nothing for it. If this Commission paid for the trees shipped from the farm it would help to solve the problem of this new prison experiment. This prison has been compelled to labor for the support of another State institution without compehsatioli. This is another specimen of the methods employed in conducting the prison during the last two years. Any law that gives the Conservation Commission the right to live by the labor and expense of another State institution ought to be amended so that each branch of the State government should bear its fair share of expense. The Conservation Commission is now clamoring for more trees from the farm. To grant this request it would be necessary for Warden Homer to put 200 additional men to work which would 896 Public Papebs of Goveenojb 'Sulzeb ; ! very greatly increase the cost of maintenance and place upon the farm a burden it ought not to be com- pelled to carry. There are more than 200 well-ventilated and well- lighted cells in the cell house that are vacant. Why the. very crowded conditions of Sing Sing and Au- burn prisons were not relieved by a transfer; of men to the Great Meadow prison is beyond the comprehen- sion of the prison officials with whom I have talked. Six; hundred men could be used to advantage;, accord- ing to Warden Homer, on the farm. More wouldlbe a trouble and a menace. Yet it is sought to sink at least $1,006,000 more of the people 's money into this quicksand constructing another cell house that would be of no service whatever and that would be a constant expense and worry to the State. The records of the prison make it appear as if the farm was making a profit, but the fact is that the loss has been between $5,000 and $6,000 a year. This .sho^vYS the character of the management. La|)pr costs noth- ing and the warden has all the capital needed to place the prison on a paying basis. But it remains a heavy burden to the State. The ba,d management is very conspicuous because it is clearly a fact that with ordi- narily good business methods the farm could be made nearly self-supporting if not quite so., I am of the opinion that under the supervision of a fairly con- scientious and competent Superintendent of Prisons the farm could be made sufficiently productive to re- lieve the State of at least 7t> per cent, of the cost of maintenance. The other 25 per cent, could easily be saved in conducting the institutioii along different lines. Removal Proceedings and Investigations 897 In order to skow how poorly the farm is managed here is a bit of testimony by Warren Coomer, w^ho has charge of the cattle: Q. HoviT many cattle are on the farm? A. We have just eighty heacl; seventy-seven milch cows, one bull and two heifers. Q. How many quarts of milk do you get a day? A. We are getting 180 quarts in the morning and 140 at night. Q. Is that all you get? A. Well, the fact is, our cows are not getting any hay; our cows have not had any hay for three weeks. Q. Do you think that the cow barns are sufficiently sanitary? A. Yes, but they could be better. Q. Then thiey do not compare with the ordinary, good dairy farm? A. No, sir. Q. Do you make any buttei"? A. Very little; I do not know how much. Q. All of the milk goes to the inmates ? A. I believe the most of it does. The same slipshod methods are observed in the mat- ter of chickens, sheep and swine. What the farm needs is the care of a practical farmer who has some business knowledge. At the best the farm will not prove a great success, but it can at least be relieved from occupying its present wholly unprofitable con- dition. Respectfully submitted, GEO. W. BLAKE ■Commissioner 29 898 Public Papees of Governor Sulzbe Report of George W. Blake, Special Commissioner, ON Sing Sing Prison Albany, N. Y., April 21, 1913 Hon. William Sulzer, Governor State of New York, Executive Chamber, Albany, N. Y.: Sir. — Herewith I beg to submit my report on the management and conditions at Sing Siug prison : administration The prison is remarkable because of the lack of any- cohesive or well-poised plan of government. It is so slipshod and incompetent as to breed the suspicion at the first glance that the purpose is to cover up dis- honest methods by a brazen show of innocent careless- ness. I found no one man in the prison who appeared to know the slightest thing about the work he was ex- pected to do, with the exception of the prison doctors, who are, without doubt, conscientious men striving to do their duty in the face of manifold difficulties. Warden Kennedy has violated the law, he has per- mitted the creation and continuance of unbusinesslike methods and has caused the State to lose thousands of dollars in a way that points directly to graft. He has made no attempt to protect the inmates from disease and vice, nor any effort to produce better conditions in this prison. During his administration scandals of the prison management have become rife in every sec- tion of the State. I do not wish to bear too heavily upon Warden Ken- nedy, because I am strongly of the opinion that the facts set forth in this statement are due directly to Joseph F. Scott, who was for nearly two years Super- intendent of Prisons. I have dug into the sterile soil Removal Proceedings anb Investigations 899 of prison management to discover, if possible, one re- deeming trait in the management of prisons of this State during the period in which Colonel Scott was in controLbut I have not found one sign to show that he was either competent, conscientious or industrious. There is ample evidence to prove that Colonel Scott was poorly equipped for the place of Superintendent of Prisons and that during his administration the prisons deteriorated with a speed that threatened com- plete demoralization. But there are some things that even he could have done to relieve the bad conditions in Sing Sing if he had cared to. If he had sought the assistance of Dr. Farr, the prison physician, or Dr. Mareness, the assistant physician, suggestions for im- proving the conditions would have been made. Or he might have had the aid of some of the most competent prison men and the advice of alienists without cost to the State if he had displayed any personal interest in the matter. There is not an atom of proof that Colonel Scott ever contributed anything of value to the prison. Where Colonel Scott got his reputation as a penolo- gist is well known to many prison officials and it is fairly well known to me. It did not grow out of knowledge but came from the imagination of a man who for many years took money from the State for services which were not rendered. This man is Frederick Hamlin Mills, concerning whose operations a separate report will be made if you desire it, and which will contain the names of some of the men con- cerned with him in his schemes and who shared in the large profits that grew out of them. I asked Warden Kennedy if he had ever known of Colonel Scott making any suggestions of value for the improvement of the prison system and he replied 900 Public Papers of Gtovbbnob Stji/Zee that he did not. I asked Prineijjal Keeper Coimaugh- ton, the most experienced prison man in the State, this question: Q. Did you ever know of Colonel Scott visiting the cell house, inspecting the cells, or hear him discuss any methods as to how the conditions here could be re- lieved? Mr. Connaughton replied: A. I have seen him around here a little. Then I asked: Q. Are you familiar with the conditions of dirt, of disease and of vileness that prevail here? And he replied: A. I am. Commissioner. Then I asked him this question : Q. Is Warden Kennedy aware of it? He replied: A.. He knows what I know. Q. Was Colonel Scott aware of it? A. I think he was. Q. Do you know of your own knowledge whether Colonel Scott ever made any real effort to clean up the conditions here and make the prison more sani- tary? A. No, sir. Here is an extract from the testimony of Dr. Mare- ness, the assistant prison physician : " There are 200 cells flush with the flagging. In the hot months moisture on the walls is perceptible and tangible. The cells are primarily responsible for the large number of cases of rheumatism that occur in the prison. A number of these cases have been severe enough to incapacitate a man so that upon his discharge he was partially, if not wholly, unfit to follow his usual work. At the present time there are a large number of chronic rheumatism cases. Two hundred of the cells are occupied by two men. These cells are intended only for one. No care is taken in selecting the two men who have to occupy a single . Eemoval Peocebdings and Investigations 901 cell. A man sentenced to prison for assault and under- going his first term of imprisonment is sometimes com- pelled to occupy a cell with an habitual criminal. The cells are infected with vermin. It is impossible to fumigate or disinfect them. "Any improvement that occurred during the ad- ministration of Colonel Scott was superficial and of such slight import as to have made no impression on my memory. Colonel Scott was indifferent to the great big necessities. I do not consider Colonel Scott a good penologist. During his adminisitration there was no improvement in the bad moral conditions that prevail. I spoke to the Colonel about it but he made no suggestions. " Neither Warden Kennedy, Mr. Connaughton, the prison doctors or any man employed within the prison, ever attempted to deny the frightful conditions that prevail within the prison or to defend them. The worst feature of the prison management cannot be discussed in any public document, but the subject is of such vital importance to the welfare of the "State that no time should be lost in submitting it to the attention of men competent to present a method of bettering a condition that breeds disease of the mind and body and that should touch the hearts of every man with any human instincts. One man said to me that the only offense a prisoner could commit, that would be followed by speedy pun- ishment, was the offense of trying to get something to eat. He told me stories, amply corroborated, of such frightful character as to appeal to the most unfeeling person. Colonel Scott knew of the existence of these horrors. There is no doubt about that and yet he never made one effort, so far as I was able to learn, to minimize them.. Nor did he ever seek any method of 902 Public Papees of Goveknob Sulzek preventing the occupancy of the cells by two men, nor to see that when the men were placed in a cell their enforced comradeship would be in any sense con- genial. The low thief, stricken with disease, with no mental capacity and with the lowest possible instincts has often been locked into a cell with a man of educa- tion, of some ideals and of clean personal habits. This would be bad enough if the cells were light, or large, or clean, instead of being dark, and small and filthy. Also ihey are unsanitary and those on the ground floor drip with moisture so that the inmates of them have striven to protect themselves from the chill and dampness by hanging sheets and blankets over the walls. In these cells men contract rheumatism. In many cases they become victims of chronic rheuma- tism and go out crippled for life. Into none of the cells on the lower tiers has a ray of sunshine entered for eighty years. Stories of tor- ture of prisoners in the middle ages sound like de- scriptions of luxuries in comparison to the tales that have been told me of the lives that some of the prison- ers in Sing Sing live. The cramped and unhealthy conditions are made worse by the presence of vermin in the cells. When the cell house men are let out in the morning they sweep out the refuse from their cells. Dust and germs are swept down from tier to tier so that at night when the men lie down for rest their pillows are covered with dirt. Life in these cells is torture to every grade of man who has a spark of imagination, or who ever lived in a decent home. Even the lowest and most degraded man must undergo cruel and unusual punishment when confined in these cells during the hours of the ordinary night. But when comes Sunday or a holiday the horror of the situation is increased. During these periods the men Removal pRocEEDiiirGS and Investigations 903 are confined in their cells for eighteen and nineteen hours and it is no exaggeration to say that after these periods of confinement the men go out pale and staggering. > A Sunday or a holiday is a dreadful thing for these men. It is bad enough when one man is alone in the cell, but when the men are doubled up the physical suffering is greatly increased. There is only one other thing that could add to the misery of these men and that one. thing was not overlooked by Colonel Scott or Warden Kennedy. This was the knowledge that cer- tain men through political influence, or by the pay- ment of money, or by some other reason, received favors. . I shall also make a separate report along these lines which will require a special investigation in an effort to expose men in this State, some of them public offi- cials, who banded themselves together to wring money from these prisoners. I have evidence showing that because of influence, exerted by men well known in various walks of life, money has been wrung from persons seeking clemency for prisoners. If the commutations and pardons bought were al- ways delivered there would have been a glint of fair- ness in the transaction, but in some cases the " goods were not delivered." I have evidence showing that by the payment of money men have been accorded the privilege of seeing their friends alone in a room adjacent to the warden's office. I strongly suspect, and I believe I will be able to prove it, that certain men throughoiit the State have used employees within the prison to ferret out for them prisoners with means iii order that they might, by promises of clemency and of privileges, wring some "indiiey from them. 904 Public Papbks of Goveknob Sulzbe This frightful condition thrived during the last two years. There are several important lines of investi- gation that should be taken up and followed to the very end in order that men who have lived on the sufferings of others should be exposed and the prison ring broken. Here are short extracts from the testimony of two witnesses : WARDEN KENNEDY "Alt the present time the cell block contains 1,200 cells and we have over 1,500 prisoners. This neces- sitates doubling up, which is a crime pure and simple. On the lower gallery it is impossible to keep the cells dry. The moisture on the walls on a day like this is awful. You can scrape the water off the walls. I never saw anything in the prison reports coming from Colonel Scott that was of any value. ' ' PRINCIPAL KEEPER CONNATJGHTON ' ' I have called the attention of Warden Kennedy to the condition in the prison. Colonel Scott never asked me for any suggestions. He seemed to think that he knew it all himself. I think that conditions were just as good under Superintendent Collins as under Super- intendent Scott only that under Scott things were slowing up a little." INDUSTRIAL DEPARTMENT The industrial department of the prison ought to be successful, because labor costs practically nothing; there are no' overhead charges and a ready and ample market waits upon the product. Frederick H. Mills, who was for many years sales agent and, who during the administration of Superin- Removal Proceedings and Investigations 905 tendent Soott, was the master of them, used them only for the purpose of putting money into his own pocket. I asked Warden Kennedy if this was not a fact, and he replied that it was. , Bad as the industrial conditions of Sing Sing prison were prior to 1911 they grew steadily worse from that time. The beginning of this last era of bad manage- ment came with the appointment of Patrick J. Tracy, as superintendent of industries in this prison. The place had been in the competitive list of the civil service but Mr. Tracy, having no -knowledge of any branch of the work, and being eligible only in the sense that his political friends wanted to find a job for him, the place was taken out of the civil service and Mr. Tracy was appointed. In order to open this door for him the doors to the same job were opened also in Auburn and Oliiiton prisons. I asked Mr. Tracy if this place had been taken out of the civil service in order to give it to him and he replied : "I presume it was. ' ' Asked about a cartage contract that the industrial department made with Michael Bradley, he replied that the contract was made by Warden Kennedy. During the sixteen months before this contract was given to Bradley the cartage charges of the prison were $1,872.80. In the seventeen months between November llth and Maroh of the present year, in- clusive, the charges of Bradley amounted to $3,127.32. The products of the industrial department fell off considerably during Bradley's term of service. When this situation was called to the attention of Warden Kennedy he seemed very greatly surprised and was apparently ignorant of the situation. In 1910 the total sales of the industrial department amounted to $406,937.67; in 1911 to $3*81,591.24, and in 906 Public Papers of Goveenor Sulzee 1912 to $337,878. In the first six months of the present fiscal year, beginning October 1st, they were $183,- 417.13. The profits for the first six months of the four fiscal years referred to were : 1910 $76,749 70 1911 51,765 69 1912 30,052 16 1913 M,140 33 Without making any charge of graft or dishonest management I desire to submit these figures covering purchases of lumber from June 18, 1912, to October 9, 1912: Paid Low bid per 1,000 June 18. 5,000 feet yellow pine $27 75 $40 00 July 19. 12,000 feet yellow pine 22 50 40 00 5,000 feet white pine 29 OO 37 50 2,500 feet spruce 41 50 50 00 6,000 feet spruce 43 50 52 00 5,000 feet 1% inch spruce 42 50 52 00 April 20. Lumber (per 1,000) 28 75 ^ 40 00 Oct. 9. 5,000 feet No. 2 No. Can. pine, 12" and up 39 00 55 00 The following two purchases were made without competitive bidding. But one bid was sent out : One carload of Canada cut shorts. Jones Lumber Company, of North Tonawanda, N. Y., received the order. Their letter was read at the prison on January 13, 1913, and the lumber was- ordered January 14, 1913. One carload of Cypress lumber, bought of Jones Lumber Company. The order amounted to 18,000 feet at $54.50 per M. Jones & Company quoted a price on February 4, 1913, and the order was given to them on February 13, 1913, Removal Pkoceedings and Investigations 907 R. D. Jones Lumber Company received a check March 27, 1913, for : 10,104 ft. 8x4, $722.44 ; 8,123 ft. 10 X 4, $755.44 ; total, $1,477.88. And on January 24, 1913, a check for 22,743 ft. of 4 in., $895.02 net. Peculiar methods of buying were followed in every one of the industrial departments. There were five bidders for 100 tons of scrap iron. The lowest bid was $9 and the high bid was $15.50. The price paid was $12.75. Mr. Mills bought of the Elm Woolen Mills $3,299 worth of suiting without competitive bidding. On one occasion 4,500 feet of lumber was bought at $78 per thousand while the market price was $62. In many cases no attempt was made to get com- petitive bids. The orders were simply sent to some favored concerns who sent what they liked and charged what they liked and there was never any ques- tion. A year ago there was a specification for 27,000 of tampico sent to Wilkins & Co., of New York, and Wilkins Bros., of New Jersey. The latter did not bid and the order was given to the New York company. I do not know whether there is any connection be- tween the two concerns, but I am of the opinion that the specification was sent to both concerns with the full knowledge that only one concern would bid and that the sole object in sending out the two bids was to make the record show that an effort had been made to get bids from various concerns. On nearly all of the orders sent out appear the words " best quality." It appears that these woTds have often been added to the memorandum after the goods have been delivered. They meant nothing. I file with this report a statement showing many instances where the highest bidder got the orders. 908 Public Papers of (toveenoe Sulzeb Within the last two years $3.20 each have been paid for .axles, when the lowest bidder offered them for $3.02. Stay binding was bought at 50 cents gross yard when the lowest bid was 32 cents. Low bidder. Paid. 2,000 yards selisa $0 06% $0 07% 2,000 yards suiting 55 62% 3,000 yards suiting 14% 20 1,500 yards fancy suiting 59 65 1,000 yards suiting 40 62% 5,000 yards Oxford suiting 18% 20 4,000. yards Oxford suiting 17% 19 2,200 yards Oxford suiting 18 21 10,000 pairs hemlock insoles 7 9% 5,000 pairs women's insoles 5 7 10,000 horn fibre counters 140 150 4,0OO men's horn fibre counters 1 35 1 50 5,000 feet kangaroo side leather 16% 18 5,000 feet black glazed side leather 17 18 1 barrel furniture varnish (per gal.) ... 17 18 3,000 yards bleached sheeting, 15 17% 100 tons scrap iron 9 99 12 75 125 tons pig iron 15 65 16 00 These are only a few of the 103 cases filed with this report where the high prices were paid for material. I have no doubt but that in the cases where the prices higher than the lowest bid were paid, and which were a trifle less than the highest bid, the highest bidder got the contract at a price less than his first bid. That there was collusion seems certain. The methods of doing business in the industrial de- partment were so unbusinesslike, to use no stronger phrase, that to dip in the records leads to the gravest suspicions. In certain cases only one specification was sent out. Bemoval Peocebdings and Investigations 909 In some instances the names of firms were put on the list for the receipt of specifications when it was well known from the records that they would not bid. In other cases it appears as if arrangements have been made where very high bids have been sent in to give the excuse fdr accepting lower bids that were really excessive. Since the first of the year more specifica- tions have been sent out. It only requires an honest administration to eradicate this incompetent, wasteful and dishonest way of doing business. Another sample of the unbusinesslike methods that prevail is that it appears there has been no effort made to collect accounts due the prison. Here is a list of the accounts : BeUevue Hospital $23,172 82 Superintendent of Public Charities 12,337 36 Department of Street Cleaning 15,334 75 Central Islip State Hospital. 4,492 87 Department of Health 6,443 19 Department of Education 5,492 74 Total ,. $67,273 73 Here are a few facts showing how, during the last two years, the business has deteriorated. The busi- ness of the cldthing department shows a profit during the first six months of the present fiscal year of $7,027.24. This is an increase over the profits of the corresponding period of 1912 of $1,170.62, and a de- crease for the same months of 1911 of $5,712.12. The shoe shop shows a, profit for the first six months of the fiscal year of $6,447.51. This is a decrease from thie profits of the corresponding period of 1912 of $1,197:98 and of $2,785.52 under the receipts of 1911, 910 Public Papees of Goveknoe Sulzer Anotlier striking method of the. way business is con- ducted in this prison can be found in the brush shop. In 1911 the gross sales were $17,264.50, on which there was a profit of $3,199.50, and in 1912 the gross sales were $24,103.97, the profits on which were only $2,782. The gross sales for the first six months of the fiscal year, 1911, were $1,866.82 — over three times the profit of 1912 on sales which were about $1,800 less in gross. I consider it would be useless to make any further investigation into this matter. All that is needed is to change the personnel of the men in charge. On an order from Bellevue Hospital for 172 mat- tresses, a price of 35 cents a pound was quoted by Mills. It cost 26 cents per pound for hair. Fifty dozen brooms, made up at Mr. Mills' suggestion, were never sold. The sash and door department of the prison has con- tinued, although it is generally admitted that the de- partment is of no value whatever and is only a burden for the prison management to carry. This department shows a loss for the past six months of $745.57, and practically the same amount for the corresponding period of the previous fiscal year. But in 1911, prior to the administration of Super- intendent Scott, it showed a profit of $6,718.66. The cart and wagon department shows a profit for the past six months of $6,718.19, an increase over the corresponding period of last year of $3,498.44. The gross sales amounted to $79,676.56 in 1911, on which there was a profit of $17,185.62. In 1912 there was a profit of $22,890.84 on gross sales of only $48,879.28. The knitting and hosiery department is the most important one at the prison and it showed a profit for the past six months of the fiscal year, 1913, of Eemoval Pkoceedings and Investigations 911 $17,159.20, an increase of $9,752.73 over the profits of the corresponding period of last year. The figures also show a peculiar condition of profits. The gross sales for 1910 were $120,368.48, on which there was a profit of $48,640.28. In 1911 the sales were $109,181.32 and tlie profits were only $21,416.32. This was a loss in the net of about $27,000, while the gross sales decreased only about $11,000. The loose and unbusinesslike methods could be mul- tiplied indefinitely, but I think the facts presented here are sufficient to show that the matter needs the atten- tion of some man conscientious enough to forget occa- sionally his pleasures and profits. THE COMMISSAKY DEPARTMENT The waste in this department is so excessive that it looks very much as if food was thrown away in order to create an excuse for buying more for the benefit of somebody's pocket. Good beef comes into the hands of the storekeeper, bad beef is served to the inmates. I found nobody who could or would explain this strange occurrence. It may be that the good beef is exchanged for bad beef. Such a suspicion as this may appear foolish because it would entail a roundabout way to graft, but my experience in the prisons has con- vinced me that many prison officials are unsparing in this direction. Figures from the .commissary department excited my admiration of the capacity of the warden to con- sume beef. During March he was served with 469 pounds, which seems a deal of meat for one family to eat. If these figures are wrong the fault lies with the bookkeeping system and not with me. During the month 16,230 pounds of beef were bought and the 912 Public Papebs oj? Govebnok Sudzeb records show that it was disposed of in the following fashion : Warden 469 pounds Principal keeper 69 pounds Night force 192 pounds Condemned men .., , . . . 530 pounds Hospital 1,155 pounds Convicts 12,633 pounds On hand 3 pounds This left 1,179 pounds to be accounted for and it was promptly accounted for by the declaration that it was due to shrinkage. There was also considerable waste, but this was not referred to at the time. Later this reticence was overcome. The more beef consumed the better for Armour & Company, who sell the prison about 90 per cent, of it, thanks to an active agent. I am strongly of the opinion that the meat bought from other concerns on some other plan might result in cutting the shrinkage down to something less than '40 per cent. Some reason for the large consumption of beef ap- peared when the waste was looked into. I thought there was a good deal of waste in the other prisons, and there really is, but it sang small in comparison with the way food is squandered in Sing Sing. The waste is at least 25 per cent., or in round figures about $15,000 a year. I intended going into the various items of waste in detail and show just how much newly- cooked food was thrown away each day. But very shortly this detailed work became unnecessary because the broad aspect of the matter was speedily sufficient to prove conclusively that a change in the petsonnel of the commissary department would mean thousands of dollars saved for the State. Removal Proceedings and Investigations 913 On Tuesday, April 8th, 1,000 pounds of food were taken from the tables and thrown into the swill barrels. This food consisted of hamburg steak, vegetable soup, boiled potatoes, bread and coffee. From Wednesday's breakfast alone the waste weighed 625 pounds. Then, suspecting that this supervision of the waste was to continue, some care was exercised so that the waste from Thursday 's breakfast was only 200 pounds. This proved that the waste was Wanton and that only in- different care could have reduced it at least one-third. This waste runs all through the department. Sixteen hundred pounds of potatoes weighed only 1,100 pounds after they were pared. The method of buying flour for the prison is mys- terious. All kinds of bids are sent out, but one con- cern nearly always gets the order. -When the flour comes to the prison in carload lots the receipts are signed by Frederick J. Hahn, the kitchen keeper. Mr. Hahn was asked : Q. Do you count the number of barrels? A. Not always. Q; The storekeeper says it is all right and you sign your name to the receipt? A. Yes, sir. Q. It might be 250, 300, or 350 barrels ? A. Yes, sir. Mr. Hahn said that the whole codfish was bought by order of Colonel Scott and that the method was wrong. Scrap codfish, he said, was cheaper and more nutritious and there was no waste to it. Then came this testimony : Q. Did Colonel Scott ever speak to you in regard to methods in running the kitchen? A. I do not know whether he asked me about better methods, but T know I have had arguments with him in regar£ co tue methods we were working under. 914 Public Papers of Goveenor Sulzer Q. Did your arguments have any effect? A. He told me to get out of the office. Q. Do you think you could save $1,000 a month under different methods? A. Yes, if I could do the buying as it ought to be done. Q. That is, under honest, ordinary business methods? A. Yes, sir. Q. Are the articles you receive up to specifications? A. I do not know; I would have to see the samples, .and they are not kept here. Q. They are kept in Albany? A. I think so. Lyman S. Gibbs, the storekeeper, talked glibly about the various firms that sold goods to the prison, but he neglected to mention the firm of R. C. Williams & Com- pany. When he was asked if this concern did not furnish a fair share of the goods for the commissary department he explained: ' ' You see, they deputize a man named Theodore Lin- ington, Jr., who makes the contracts for them. Instead of selling the goods direct, that firm allows Linington to furnish the goods in his own name. " The commissary department of the prison is run along incompetent if not dishonest lines. There is criminal carelessness if not downright grafting. Signs that this is the case stick out as plentifully as quills on the back of a frightened porcupine. Reispectfully submitted, GEORGE W. BLAKE Commissioner Removal Pkoobedings and Investigations 915 Appointment of John A. Hennessy as Special Commis- sioner to Examine and Investigate the State Com- mission of Highways and Department of Highways, Including the Office of Former State Superintendent of Highways and the Commissioner of Highways State of New York — Executive CH|Ambeb To All to Whom These Presents Shall Come, Greeting: Know ye, that pursuant to section 8 of the Executive Law, I have appointed, and by these presents do appoint John A. Hennessy, of New York city, as a special commissioner to serve without compensation, to examine and investigate the management and affairs of the State Commission of Highways as constituted under chapter 30 of the Laws of 1909, as amended by chapter 646 of the Laws of 1911 and chapter '83 of the Laws of 1912 ; and the Depart- ment of Highways constituted under chapter 80 of the Laws of 1913, including the office of the former ' ' State Superintendent of Highways " and of the " Commis- sioner of Highways. " The said John A. Hennessy is hereby empowered to subpoena and enforce the attendance of witnesses ; to administei" oaths and examine viritnesses under oath and to require the production of any books or papers deemed relevant or material. And I hereby give and grant unto the said John A. Hennessy all and singular the powers and authorities which may be given or granted unto a person ap- 916 Public Papees of Goveenoe Stjlzee pointed by me for such purpose under authority of the statute aforesaid. In witness wheeeop I have subscribed my name to these presents and caused the Privy Seal [l. s.] of the State to be affixed hereto at the Capitol in the city of Albany this twenty- fifth day of March in the year of Qur Lord one thousand nine hundred and thirteen. (Signed) WM. SULZEE By the Governor : iChestbe C. Platt Secretary to the Governor Report of the Advisory Commission on Roads both In^ dividually and Collectively Repoet of Eugene W. Steen New Yoek, March 31, 1913 Hon. William Sulzee, Governor of the State of New York, Albany, N. Y.: SiE. — The Advisory Commission on Roads was ap- point'ed by you on February 21st, to report to you on the following matters in connection with the building of highways in the State of New York, namely : (1) To advise as to the proper organization and ad- ministration of the Department of Highways. (2) To assist in the selection of a Commissioner of Highways. (3) To gather information and make recommenda- tions regarding the construction and maintenance of highways. Ebmoval Pkoceedings and Investigations 917 (4) To inake such other reoommendatioiis as we inay deem desirable, affecting the construction of highways in New York. After carefully considering the report of the major- ity of the members, I find that it does not express with sufficient clearness and force, my views on some of these matters, and I, therefore, report to you as fol- lows : (1) Organisation and Administration of the Depart- ^ ment of Highways It is a prevalent idea with the public that the con- struction and niaintenance of roads is a very simple matter requiring only ordinary business ability; whereas the facts are that in no department of public works is there greater opportunity for the exercise of sound engineering principles, technical knowledge of the subject, and true economy than in the building and maintenance of roads. A very great deal of money is being wasted every year, by the road departments of many of our States in ignorant and useless experi- mentation on road materials, and methods that have been tried out and long ago abandoned by engineers experienced in this kind of work. Highways in New York State will never be properly and ecspnomically constructed and maintained unless a thoroughly efficient engineering department 'be or- ganized in connection therewith. The Murtaugh bill, reorganizing the Department of Highways, which has just become a law, unfortunately has grave defects, both in the entire scheme of organ- isation, and in the small sauries attached to the prin- cipal positions, which defects, unless corrected, would seriously hamper any honest endeavor to tho^roughly organize the department on an efficient basis. 918 Public Papers of Governob Sulzeb My criticisms of the existing law are as follows: The commissioner is not required to be a civil en- gineer, nor one who has had experience in the construc- tion of engineering works, nor in the organization of engineering departments. The law would permit a layman to fill this very responsible position. If a lay- man were chosen, the engineering organization is not properly planned to be efficient, nor to attract to it the right kind of men. There should be under the com- . missioner, a chiief engineer of the Highway Depart- ment who should be directly responsible to the com- missioner for all the engineering work, and therefore, should have full charge and responsibility in the pre- paring of plans and specifications, execution of the contracts, and of the carrying out of the work, likewise of the maintenance of all roads which come under the jurisdiction of the department. The chief engineer should have the right to seslect his staff consisting of three assistant engineers and nine division engineers, subject to the approval of the commissioner. In such an organization, the commissioner would be able to hold the chief engineer entirely responsible, and the latter could not then complain about the divi- sion of responsibilities which the law permits in which the chief deputy is really no more than an engineering advisor to the commissioner, and has not any real re- sponsibility or authority in the actual execution of the work, having absolutely no control over the division engineers, who are in actual charge of construction, nor over the second and third deputies, who have en- tire charge of the maintenance and repairs of all roads. The bill as framed is not sufficiently exacting as re- gards the qualifications necessary for the so-called Removal Pkoceedings and Investigations 919 deputies, and limits the selection from among those who have had practical experience in construction and maintenance of highways. The bill is very weak in the use of these qualificatiolis, which would permit a man who had been in such a position as foreman over a gang of laborers employed on road work, to become a deputy, with all the great and highly important re- sponsibilities which attach to the office. Furthermore, it would limit the field of selection to a small body of men. I would recommend that railroad engineers be eligible for appointment, as the, experience in grading, construction of bridges, foundations, drainage, etc., gained in railroad construction is applicajjle to the similar problems met with in highway construction, and a thorough knowledge of organization and of the handling of men, and of business methods, a thorough practical training in construction, and zeal and effi- ciency, are among the qualifications of a successful chief engineer of an important railroad. The only qualification he might be lacking in would be experience in the proper surfaces for highways, but given the power to obtain advice from consulting engineers, who have had special experience on this subject, it is reason- able to suppose that a competent chief engineer from one of our prominent railroads might be an ideal selection. The compensation for the heads is altogether inade- quate to attract the proper kind of men to this depart- ment. The commissioner should receive a salary of about $15,000 a year, the chief engineer of about $12,r 000 a year, and each of the assistant engineers, $6,000 a year. This increase over the salaries allowed in the Murtaugh bill, amounting in all to only $19,000 a year, ought to enable the State to obtain the services of men 920 Public Papees op G-ovbknor Sulzek who are eminently qualified to fill such very respon- sible positions. The law requires that inspectors of construction shall be selected from residents in the county in which the highway constructed or improved is located. While preference should be given to residents, we do not be- lieve that this should be mandatory, as very often the appointment of nonresidents might be found desirable or necessary, and be decidedly better for the efficiency of the service. The chief engineer, the three assistant engineers, and the nine division engineers should not come under civil service requirements, as these men should form part of the official family of the commissioner, and be remov- able by him at any time for the good of the service. (2) Selection of a Highway Commissioner The selection of a proper person for the office of com- missioner is most important. No -matter how good the scheme of the reorganization of the Department of Highways may be, unless a wise selection for the posi- tion be made, radical reform will not be effected. Instead of naming particular individuals for this place, it would seem to me to be more important that the kind of man who would best fill such a "very re- sponsible position be indicated. The commissioner should be a man of such Mgh character and standing as to command the respect and confidence of the public at large. He should be of proven executive ability, with a thorough knowledge of how to organize such a department, and be chosen from the engineering profession if possible, otherwise he should be one who has had to do with the construc- tion of engineering works. ' Removal Proceedings and Investigations 921 (3)' Types of Roads The particular kind of a road to use in a certain lo- cality is a problem which depends for its proper solu- tion on a number of important factors, such "las the kind and amount of traffic, the siibsoil, the climatic conditions, the cost of construction and maintenance, and the amount of money available for construction and maintenance. It would be entirely out of place, therefore, to recommend any particular types of roads, beyond calling attention to the fact that there are two fundamental requirements which are accepted as axio- matic by all who are authorities in road building; namely, that in all cases there should be perfect sub- drainage iand a rigid foundation. There is no heed for extensive experimentation in the near future on the part of the State of New York as to what kinds of roads to build, for so many inethods have been tried both at home and abroad, that intel- ligent investigation of what has been already done would be sufficient to indicate what types of roads and road surfaces should be eliminated from consideration, and what types are best suited for particular localities. It will doubtless become advisable from time to time, to experiment with new types, but 'this may be done on a small and inexpensive scale. A short stretch, say of a few hundred feet, will give just as valuable data, as regards durability, etc., if careful and intelligent observations are made, as many miles. In connection with this problem, it is important that we recognize the fact that the difficulty of provid- ing durable roads has been greatly augmented by the introduction of automobile traffic; the wear and tear resulting in their use being much greater than from horse vehicles, and that we must make up our mind to 922 Public Papeks ov Gtovekkob Sxjl.zbb make much more durable types of roads than we have been accustomed to in the past. There can be no doubt but that the rapidly moving automobile and auto truck have come to stay. This method of transportation is yet in its infancy, and be- fore another generation, if proper roads shall have been provided to take care of it, the economic benefit to the community, resulting from their use, will be of great value. Another important consideration which should not be lost sight of is the fact that the money to construct the new roads in this State is raised by bond issues, maturing in fifty years from the date of issue. It would be manifestly unfair, therefore, to future generations, to construct roads with this money that last only a few years, if more durable types requiring less annual expenditure for maintenance are economically prac- ticable. Maintenance The proper maintenance and repair of existing roads is just as important as the construction of new ones. England, France and some other countries of Europe, are far ahead of us in the thoroughness and efficiency with which they keep up their roads. It is most important that the Department of High- ways should be thoroughly organized for this purpose, so that repairs may be promptly, economically and efficiently made, for by promptly repairing small de- fects, not only is the road made better, for constant service, but the cost of maintenance is decreased. The amount allowed in the budget for maintenance should be sufficient to avoid any delays in making im- mediate repairs. Removal Proceedings and Investigations 923 (4) Additional Recommendations In addition to the foregoing, I make the following recommendations on matters not yet touched upon : Existing contracts for roads which are undesirable should not be executed, but canceled wherever possible. New contracts should not be let until the commis- sioner shall have been able to thoroughly organize his department, and investigate the plans and specifica- tions which are now adopted by the department as standard types of construction, and he should, of course, be given ample time to prepaire revised plans and specifications. Supplementary agreements, radically changing the character of construction in work contracted for, should be avoided. Specifications should be revised and should clearly describe the work to be done, and there should be a uni- form interpretation of them by the department. A thorough study of the highway map of the State should be made without delay. It should be revised where necessary, so as to unite the present State and county highway systems. Very respectfully, (Signed) E. W. STERN Repobt op William D. H. Washington Albany, N. Y., March 25, 1913 My dear Govbknor. — Responding to your request you will find below the views of an experienced business man of the requirements and qualifications needed for your highway commissioner. Since the responsibility for this department will to 924 Public Papers of Governor Sulzer a certain extent at least be shared by the executive it follows that the man should be — Fitted and experienced in as many directions as possible for the work which he will have to execute. Consequently he should be a man of sterling integ- rity, above temptation, with a clean record, with busi- ness and executive ability and experience, independ- ence and backbone and subject to the control of none but his superior. He should be a man of affairs and it would seem peculiarly desirable that he should have a thorough knowledge of the work he will have to perform and if possible a knowledge of the class of men and of their methods with whom he will have to deal. , Consequently he will not be an easy mark or likely to have things put over on him. If the individual was available who had been a student of roads, transportation and traffic questions; who was experiencQd and had a knowledge of high- ways and road construction; who. knew the elements and materials which enter into their composition; who knew the best means of putting such materials to- gether; who had organized work and who had been a contractor himself; who had also technical as well as practical knowledge of the question before him, it would seem an added advantage. The highway question to-day is not a question of ad- ministration alone. The best administrator in the world might give you the poorest roads for lack of knowledge of the necessary qualities .which they should possess. Highway building to-day is not like run- ning a store, or an established business. The best type of highway has not yet been deter- mined upon and the man without knowledge and ex- Removal Pbooeedings and Investigations 925 perience in such lines would surely be handicapped in selecting the best, as wearing qualities, foundation, drainage, first cost, traffic and the cost of maintenance all have to be considered in their relative values. * There would appear to be as little objection if the man should have technical knowledge as it would be to a Governor of a State who should happen to be a lawyer. No man in our day and generation has shown greater powers of organization, or greater executive ability than Colonel Goethals, head of the Panama canal constructions. On the contrary the man without practical knowl- edge of the work on hand would be practically a puppet or putty in the hands of his engineer, whose word and judgment he would have to depend upon in all con- struction and technical questions. It would certainly seem advantageous that he should be able to give coun- sel rather than take his views from his deputy. I saw the difficulties to-day of exchanging ideas through an interpreter. Your highway commissioner should not require an interpreter or engineer to be with him when he went out to inspect or examine work under construction or completed to tell him whether it was good or bad. Your Advisory 'Commission in their specifications for the type of man desirable for highway commis- sioner -say that a man with competent knowledge, and it was a close question and many wanted it to read technical knowledge, would seem a man most desirable for this position. Feeling that the selection of the man for this import- ant work if of moment to you as the highways con- structed under your administration can be made an enduring monument to you or a serious reflection, 926 Public Papers op Gtovbenok Sulzek I am giving you my best judgment and what I would do myself and the type of man I would select myself after years of experience in and along these lines, and trusting it may be useful to you, believe me, with every wish and ambition for your success in all the undertakings of your administration. Most truly and sincerely yours, (Signed) W. D. H. WASHINGTON Eepoet of Amasa J. Paekeb Albany, N. Y., March 24, 1913 Hon. William Sulzeb, Governor of the. State of New York, Albany, N. Y.: My dear Goveenob Sulzee. — Without question each member of your Advisory Highway Commission appre- ciates the magnitude of responsibility .;involved at this tim« in the new law, with a single, highway com- missioner, in force. Every member has given his best thoughts to the investigation and discussion of a number of very dififi- cult problems, particularly these growing out of your suggestions to the commission, at the Executive Cham- ber, Albany, N. Y., Monday, February 24th. The commission has agreed upon vital points which are being engrossed by its secretary, who expects, to place the same in your hands to-day. Last week I called your attention to the alleged large number pf highway contracts already let which should be held up, carefully investigated and acted upon, in several ways, immediately, on the advice of the Attor- ney-General. Dottbtless there are a considerable number of these contracts which should be canceled by the State. Eemoval Proceedings and Investigations 927 At that interview, you invited me to submit to you, in form of a brief, any points bearing upon the work of the Advisory Commission which I thought advisable. I have since then learned that there are now under contract by the Highway Department 318 roads amounting to 1,679 miles and they are the uncom- pleted construction jobs. What other work, not included in the above para- graph, is in the Highway Department at present I have no definite knowledge, but I am informed that a sub-base has been added to a large number of con- tracts, by amendment, by the old commission within the past fifteen months. To my mind a statement of facts as to the present condition of Highway Department matters shoidd now be made up and published generally for the enlight- enment of the people of this State and urging, them, pa- tiently to aid in a healthy and prompt solution of the present sad condition of affairs. I regard it as idle to find fault with the errors of the past in this department, where wrong-doing or fraud cannot be proved, for it may well be claimed that it is a wonder that more errors have not been made by the old commissions. From the beginning of the Highway. Department work there has been an almost irresistible pressure brought to bear on the commissions to build roads with^ out delay in all parts of the State. Individuals, delegations, party leaders and every possible influence have been exerted on the boards and the officials have been hounded early and late, at their homes and offices to begin the jobs. It was like the cry of the north of the Civil War " On to Richmond." 928 Public Papers of Gtoveenor Sulzer Each section of the State had to have its just quota in the great work, from year to year, and every citi- zen demanded a road to pass his front door. Independent and nonconnecting roads resulted. The enormous demands and want of money resulted in fixing the breadth of road at sixteen feet, which has proved to be a grave error and hastened present con- ditions. This gauge might do for automobiles of those days but it insured by degrees the driving of horses from such a narrow highway. This same individual and party pressure doubtlessly resulted in hasty employment of many unfit and un- reliable officers for the respective places in the High- way Department. Naturally the result was faulty surveys and borings to ascertain the stratification of the land for the pro- posed roads were neglected and resulted in hasty plans and hurried preliminaries and lettings. In short, things were not done with that extreme care and watchfulness of detail that should have prevailed. Besides the narrow gauge of the roads the three other errors were poor inspection, weak foundations and inadequate drainage. With the expulsion of horses from our narrow roads, supposed to be adequate for that period, came the enormous auto bus and later on we have of alarming weight and size the auto truck in the vicinity of cities and villages. Auto trucks are now in use weighing from six to ten tons and have a carrying capacity of perhaps at least twice their own weight. This new problem renders thousands of miles of highways in this country and abroad of comparatively Removal Proceedings and Investigations 929 little value and of questionable safety if used by such vehicles. The immense auto bus and auto truck of the pres- ent day have by no means reached their full* growth and weight and what the future will develop or the laws of our land and the world at large attempt to fix as a maximum is beyond human foresight or prediction at this present moment. These vehicles may well be denominated juggernauts of our present civilization and with their excavating and destroying 'and propelling rear wheels appar- ently nothing short of a rock surface can withstand disintegration. In many sections of the State it is reported that a complete blockade exists on portions of our State roads and the demand for the early construction of connecting roads, some of them not: over a mile in length appeals to a Justifiable preference in many cases. Of course, the perfect road for, all conditions, climates and uses can never be built by man, but 'he can and must do his best and accomplish the most possible without delay. To build more questionable roads where auto trucks cannot be used safely is a grave error and must be halted. The expenditure of the new fifty millions of dollars for our highways must he left alone until we have in- telligently and honestly spent the twenty millions of dollars still on hand. These views I strongly pressed before the advisory board in New York, Friday, March 14th, ,: Vast repairs in the aggregate in every section of the 30 930 Public PAPteES or Govebnob Sulzee State where highways exist await immediate, intelli- gent, economical and forceful attention. In this connection, in my opinion, your Advisory Commission clearly proved that while the highways of Great Britain and France were the best in Europe, they were no better than our best New York State roads-. It has also proved that the prompt and efficient repairs to roads in those two countries were in or- ganization and results far superior to our own road re- pair system in this country. The immediate and all important problems for you to-day with what has been gathered and placed in your hands by your Advisory Highway Commission and very valuable information gathered from other quar- ters since you became Governor is to find a man who can truly fill, if willing to do so, the position of State Commissioner of Highways. For said commission to have submitted a name or names to you for this place would only have ended in disappointment and probable embarrassment to you. If such a man cannot be secured and now, the High- way Department is no better off and in my judgment, not as well off as under a commission of three able and experienced men. Permit the suggestion here he added that if he can he found he should he nominated hy you, and the Senate then has thrown upon it the responsibility of confirmdiion or rejection. Under the peculiar conditions of the case and the vast amount of money to be expended some time in the not distant future, depend upon it that no man can be agreed upon unless a man of the Colonel Goethals type, education, remarkable capacity and executive ability Removal Proceedings and Investigations 931 could be found to undertake this herculean job for the sum of $10,000 a year. The man to fill the position of Commissioner of Highways should be one without fear and above re- proach, who has already established a reputation in this State for unquestioned strength, ability and in- dependence of character, who has learned how to do things and has done them. A man for emergencies, resourceful and full of power to proceed with his duties, with a clear vision of what is to be done and who has been successful in his undertakings, profes- sional or otherwise. A man who is a judge of men from long experience and can select and handle a large body of men in the several sub-departments with a firm hand, enforce economy and secure a maximum result with promptitude. A man of the right age, sound mentally, morally and physically, temperate and self-contained,, with great reserve strength and tenacity of purpose. Entering into the selection of a man for this posi- tion should also be carefully considered the character of his education; whether technical or practical, his attitude for mechanics and kindred subjects, knowl- edge of highway construction and in what ways and where, his experience in finance and in handling large sums of money and the results attained by him in the matters enumerated. In closing let me add that valuable papers relating to points which may be required in framing amend- ments to the Highway Law as it is and in other mat- ters, in my hands, are at your service. Very respectfully yours, (Signed) AMASA J. PARKER 932 Public Papebs of (toveenok Sulzee Repoet of Gteoege H. McGtuiee Sybacuse, N. Y., March 20, 1913 Hon, William Stjlzee, Governor of State of New York, Albany, N. Y.: Deae Sie. — Mr. Wm. Pierrepont White, of Utica, a member of the Advisory Good Eoads Commission, notified the members of the commission, that he did not care to subscribe to any report that did not in- clude the resubmission of the second $50,000,000 bond issue to the people, in order to change the method of the bond issue, the rate of interest and also to secure the remapping and relocating of the highway system, and the incidental postponement of construction work for two years or more. This is a recommendation that the Advisory Good Roads Commission was not prepared to incorporate in its report to you. The original Barge canal referendum provided that the bonds would be issued for eighteen years. When the Comptroller undertook the sale of $2,000,000 of the bonds, at 3^2 per cent, interest, he found they could not be sold with advantage to the State. Gov- ernor David B. Hill and Hon. George Clinton of Buf- falo took up the matter and consulted with several eminent bankers of New York, who advised that the bonds could not be sold with advantage to the State. Upon the recommendation of Governor Hill, the Legis- lature resubmitted the referendum to the people and the issue was made for fifty years. The Barge canal 50-year 4's are selling at 101, and the Barge Canal terminal 30-year 4's sold a few weeks ago for 100.026. The sinking fund is not in the form of liquid cash in the banks of deposit drawing 3i/^ per cent, interest but Eemoval Proceedings and Investigations 933 under the provisions of the Finance Law the money in the sinking fund is reinvested in municipal bonds, all of which pay more than 4 per cent, interest. Fully 95 per cent, of the money in the sinking fund is rein- vested in municipal securities that pay from 4i^ to 5 per cent, interest. Mr. White prefers to have serial State bonds for .highway improvement instead of long term bonds. He takes as a basis the full issue of $50,000,000 in bonds. The issue of a long term bond and the creation of a sinking fund enables the levy of an equal annual con- tribution to provide for the annual interest and; the redemption of bonds at maturity, and to amortize the sinking fund on a 4 per cent, basis and provide for in- terest would require a fixed annual, contributidn of $2,327,510. To provide for the payments of principal and in- terest at 4 per cent, on serial bonds would require a levy of $3,000,000 the first year, $2,960,000 the second year, $2,920,000 the third year and a gradual reduc- tion each year until the fiftieth year, when $1,040,000 would be required. Although the annual total pay- ments paid out of the treasury on account of interest and redemption of long term bonds maturing in fifty years will be somewhat in excess of the amount re- quired for interest and redemption to serial bonds, it should be borne in mind that the annual contribution to the sinking fund for long term bonds is, as stated above, uniform for each year,whereas appropriations must be made for serial bonds, as stated above, $3,- 000,000 for the first year and $1,040,000 for the fiftieth year, and that if these excess levies on account of serial bonds in the earlier years were amortized, there would be practically no difference in its effect on the treasury by the issuance of either serial bonds or long 934 Public Papers of GrovEEiiroE Sttlzee term bonds. We must, therefore, meet this question on the popularity of a long term or serial bond for in- vestment. If this were an original proposition of the State, with no outstanding bonds, it would unques- tionably be advisable to issue long term at the present time, but with over one hundred million of long term bonds of the State outstanding, it becomes a question ; the margin of profit on 4 per cent.- bonds selling close to par is, of course, greater for a fifty-year bond than for a serial bond. On the other hand, the annual reduc- tion of serial bonds relieves the market of a substan- tial block of bonds each year, although this might re- sult in the Legislature authorizing the issuance of new bonds for additional highway improvement, so that the debt might not be reduced as contemplated. With the present condition of the security market, the prevailing uncertainty of market conditions and the present de- sire of investors and investing institutions for shorter maturities, it is possible that the earlier maturities, constituting the first ten or fifteen million dollars of the issue, might be more popular than a long term fifty-year bond^ but this might not in turn be true of the later maturities running from twenty-five to fifty years. It may also be necessary for the State to increase the rate of interest on State bonds to 414 per cent., in which event, it is believed that higher long term or serial bonds could be readily sold. In the above statement, I have not referred to the possible requirement of an amendment to article 7, section 4, of the Constitution to enable the issuance of a serial bond. If such amendment is necessary, a resubmission of a referendum measure would not avail. Very truly yours, GEO. H. McGUIRE eb]viov4l,'-pboceedijsfos and investigations 935 Report of Ten Members of Commission Albany, April 1, 1913 Hon. William Sulzer, Governor of the State of New York, Albany, N. Y.: » Sir. — Your Advisory Good Roads Commission ap- pointed on February 21, 1913, to serve v^ithout ex- pense to the State, for tlie purpose of making recom- mendations in regard to highway matters, now begs leave to submit its report. England, France and the rest of Europe on their type of roads are meeting with the same difficulties that we are experiencing here. The combination of the sharp metal calk, the narrow iron tire and the autoriiobile is difficult satisfactorily, to accommodate. The old type of traffic compressed the road, while motor traffic, taking its traction from the road, tears and disinte- grates it, which, together with the vastly increased traf- fic and tonnage immediately brought on an improved highway, introduces an absolutely new feature in the engineering problems of construction and maintenance. In the Empire State we also have traction engines, long and severe winters,* very low temperature, de- structive frosts, heavy snows and great thaws, and now perhaps most puzzling of all, the heavy automobile truck. This automobile truck is experiencing a remark- able development and will, in all probability, be in the commonest use on improved roads throughout the State in a few years. It will probably have an important part in the commercial expansion of the State, and the commissioner should take this situation into considera- tion in contemplated construction, improvement and maintenance. We find the great nations, the greatest road builders and road engineers, are encountering 936 Public Papers of G-oveenob Sulzeb the same difficult problems in finding a road that will meet and withstand these new and trying conditions. The various highway organizations heretofore estab- lished in New York, it is fair to say, have been con- fronted with these growing and changing problems; which have been increased during the last two years by the action of the Legislature in responding to the de- mands of the people for immediate improvement of large stretches of highways, whidh would seem to have been beyond what could be properly handled with the contractors, plants, supply of labor and material available. We urge in the consideration of the matter at the present time that you bring to the attention of the citizens of the State the great difficulties in the prob- lem, for it seems to us that the' faults that have ex- isted in our efforts in highway construction are due in. part to the change and increase in the vehicular traffic, as well as in part to mistakes in construction made at various times since the establishment of the depart- ment. You advised the Commission that you would like to have it " recommend. the agency that would put the new highway bill in operation." Your commission from the first, and after full consideration, decided that it would be inadvisable and impracticable for it to un- dertake to present to you any specific name or names for considera;tion for the position of Commissioner of Highways. It is our view that the commissioner should be a man of such character and standing as to command the respect and confidence of the public at large. He should be of proven executive ability, which should indicate his capacity properly to organize and conduct Removal Peoceedings^ and Investigations 937 such a department ; a man of experience in road build- ing or with competent knowledge of such subjects, if obtainable, would seem most desirable. We believe the adoption of the following recom- mendations would result in a benefit and economy to the State: (1). Extensive new construction work should not be put under .contract until the commissioner shall have ascertained the types of roads that have already been constructed in the State that have worn and stood up best, bearing in mind the conditions, character and voluijje of traffic, time and cost of the construction and maintenance,, so much data will be utilized in deter- mining the standard types to, be used in the future, with ^uch modifications as the best demonstrated! practices shall determine. .,_ (2) .The commissioiier immediately after organizing thp department .should investigate the specifications, plans and conditions of the contracts now in force, can- celing contracts that should, be canceled, correcting specifications or plans that should be corrected and elirninating such types of construction as are, not among the several best types which the commissipner wiU adp,pt as the ;standard.. : Old plans shoulcj be gone over, as well as surveys, and new plans, and resurveys should be made where improvements or economy seems possible. He ^hould immediately provide for proper supervision of the execution of all work strictly in ac- cordance w;ith the terms of the contracts and specifi- cations. , . (3) Iji experimentation on new types no long and costly stretches or road sliould be constructed, but such cons,truction should be limited to short sections. ,(4) Not more than one thousand miles of new con- 938 Public Papers of (toveen'ok Sulzeb struction work should be put under contract in any one year. (5) Contracts for extensive new construction should be let in the months of September, October and No- vember and not more than five hundred miles of road should be advertised for letting in any one week. (6) The period for advertising should be four Weeks, instead of three weeks, and the J)lans and specifications should be complete and ready to be given to bidders before the advertisements for bids are published. (7) The commissioner should endeavor to see to it that work put under contract is not unnecessarily de- layed in completion and should enforce the rules and regulations relating to completion. (8) Alterations radically changing the character of construction of roads under contract should be avoided and the commissioner should deterrhine on an equi- table rule or contract provision limiting and governing supplemental agreements, properly protecting the State under such as are necessary. (9) The deputies and division engineers should be in the exempt class. Inasmuch as the commissioner alone is held responsible for results to be obtained under the appropriation and legislation, therefore, he should be free to have men of his own selection for these im- portant pliaces. (10) The compensation of the first deputy, which is six thousand dollars under the new law, should be ma- terially increased, and he should have the power of chief engineer, with complete charge, under the direc- tion of the commissioner, of the engineering forces, planning and construction. (11) The commissioner should bear in mind that the roads are not being constructed or improved solely for Removal Proceedings and Investigations 939 the benefit of the owners of automobiles and automobile trucks and he should give proper attention to the loca- tion, construction and, improvement of market or farm roads and should jendeavor to build up unconnected links as soon as practicable with the object of having a comprehensive connected system. , ,, (12) The specifications should, be simpHfied and their interpretation by the engineers should be uniform. (13) Proper rnaintenance and repair of roads is al- most equal in inaportance to the construction of new ones., Perhaps in no other respect are the road de- partments of England and France so vastly superior to those in this country as in their efficiency in making prompt and proper repairs. This to be effective must be constant, immediate and unremitting. The atten- tion of the department; should not bfi entirely absorbed in new; construction work, but proper attention should, be given to the work o| maintenance and; repair. Small repairs should be made as soon as practicable,; in order to preserve the roads. Old macadam roads in need of extensive repair should be scarified and treated as a resurfacing job by using additional stone rolled in place with proper binder. Ditches should be cleaned out irt the early spring and also in the late fall, when choked with leaves and refuse. The exuding material on bituminous roads should be covered with a sufficient quantity of sand, stone or screening. Whenever 'Oiling is dpne, one side: of the road should, be oiled and screened. and, then tlie other side, unless a suitable -by- pass or, detour can be arranged. It is important that sand and screenings be wsed, Wherever trees or em- bankments obstruct the view of vehicles approaching in opposite directions, such obstructions should be re- moved whenever possible. 940 Public Papers op G-oveenob feuLZEE (14) The specifications for bituminous binder should grant no special privileges, but should allow for fair competition and proper binding material. (15) Cement instead of being paid for in concrete in place should be estimated separately, purchased by the contractor and paid for by the State, under the direc- tion of the commissioner, after it has been used in concrete, (16) Either stone or gravel, and not stone alone, should be specified for concrete in all contracts, pro- vided such material conforms to the specified require- ments. (17) Local stone as well as imported stone, which conforms to specified requirements, should be admitted for use in the bottom courses. (18) Provision should be made for partial payment to the contractor for stone, asphalt, brick or other im- perishable material delivered on the site of the con- tract in the winter season. (19) The auditing department should be as eflSicient and vigilant as possible and inspection of construction should be constant and unremitting. (20) The commissioner should be given the power- necessary to enforce provisions of section 24, relating to traffic regulations. (21) Serious damage to the pavements or highways caused by rigid attachments to the driving or other wheels of traction engines or vehicles of this type should be paid for or made good by the owner of such vehicle or machine and the commissioner should be empowered to enforce such payments. (22) Some prompt and better methods of securing right of ways and settling land damages should be adopted that will save money to the State and delay to the contractors. Removax, Peoceedings and Investigations 941 (23) Short connecting links between roads improved and the city or village into which they lead should be built without delay. The Advisory Qonamission realizes the imporjtanoe of a new and better administration of the State Highwa,y Department and, endorses, your efforts to briiig the standing of the department to the highest , attainable state of efficiency and hppes the Eecgmmendations herein made will be of assistance to you in reaching this result. AMASA J. PARKER, CHARLES E. TREMAN, GEORGE H. McGUIRE, WM. D. H. WASHINGTON, DANIEL B. CTJSHMAN, JOHN McGARVEY, HENRY C. McCORD, LAWRENCE W. KIRWIN, A. J. DEER, JOHN F. McDonald Appointment of Commission to Examine and Investigate the Management and Affairs of the Commissioners of the Palisades Interstate Park State oe New Yobk — Executive Chambee To All to Whom These Peesents Shall Come, Geeeting: m Know ye, that pursuant to section 8 of the Executive Law, I have appointed, and by these presents do hereby appoint as special commissioners to serve without com- pensation 942 Public Papers of Gtovernok Sulzee John A. Hennessy, of New York city, Henby L. Stoddaed, of New York city, and Ernest Haevier, of New York city, to examine and investigate the mari^gfement and affairs of the Commissioners of the Palisades Interstate Park; and to collate facts, receive suggestions and make such recommendations as may seem fitting with regard to what changes, if any, are advisable in the laws of this State relating to or affecting the Commissioners of the' said Palisades Interstate Park. The said John A. Hennessy, Henry L. Stoddard and Ernest Harvier are, and each of them is hereby em- powered to subpoena and enforce the attendance of wit- nesses, to administer oaths and examine witnesses un- der oath, and to require the production of any books or papers, deemed relevant or material ; And I hereby give and grant unto each said John A. Hennessy, Henry L. Stoddard and Ernest Harvier, all and singular the powers and authorities which may be given unto a person appointed by me for such pur- pose under the authority of the statute aforesaid. In witness whereof, I have subscribed my name to these presents and caused the Privy Seal [l. s.] of the State to be affixed hereto at the Capitol in the city of Albany this tenth day of June in the year of our Lord, one thou- sand nine hundred arid thirteen. (Signed) WM. SULZEE By the Governor : Chester C. Platt Secretary to the Governor Eemovai, Pkocbediugs and Investigations 943 In the Matter of the Charges Preferred Against Daniel F. Cohalan, a Justice of the Supreme Court LiiTTEEs FROM Valentine TAtLoE, Counsel tojhe Gov- EKNOK, to the GRIEVANCE COMMITTEE OF THE BaR Association of the City of New York State of New York — Executive Chamb^sr Albany, June 13, 1913 To the Grievance Committee of the Bar Association, 42 West Uth Street, New- York City: Gentlemen.— Governor Sulzer directs me to advise you tliat he has this day received a letter from Mr. Justice Daniel F. Cohalan, as follows : June 12, 1913 Hon. William Sulzer, Capitol, Albany., N. Y.: Sib. — Charges having recently appeared in the pub- lic press of this city emanating from one John A. Con- nolly, reflecting upon my conduct in my professional relations to him. If you deem it proper and compatible with the public interest, I ask that you direct the attention of the Leg- islature about to convene in extraordinary session to these charges for such action as it may deem proper, since in view of my judicial position the Legislature is the only body having jurisdiction to investigate and act in the premises. Respectfully yours, (Signed) DANIEL F. COHALAN Under the existing circumstances, Governor Sulzer requeists that you file with him, any and all exhibits and facts you have in your possession concerning this mat- 944 Public Papers of Govebnok Sulzeb ter, together with your report, reoommendations and conclusion regarding the same. '^ ' '' Upon the receipt of such information the Grovernor will take such further action in the matter as he may deem proper under the circumstances. Very respectfully, (Signed) VALENTINE TAYLOR, Counsel to the Governor Report of John A. Hennessy, Supervising Auditor TO THE Trustees of Public Buildings, in Relation to Capitol Contracts April '8, 1913 ' On the assignment of the Governor, the Supervising Auditor to the Trustees made an investigation of the State Architect's office in respect to certain contracts in the Capitol. This investigation was made after a committee of architects representing the American In- stitute of Architects in the State of New Yorkhad re- ported to the Governor that the State Architect, H. W. Hoefer, and the Deputy State Architect, J. P. Powers, were not ' ' by training, experience, or ability competent to fulfill the duties which inhere in their offices. We regret to find ourselves under the neces- sity of recommending the acceptance of the resigna- tions of the State Architect and his Deputy, or, want- ing the resignations;,! their summary and immediate removal." ' s. > - The Supervising Auditor found that the State Archi- tect had two companies on percentaige contracts wiring the Capitol. The State Architect had made a private contract with the New York Construction Company, Removal Pkoceedings and Investigations 945 and, at the request of Governor Dix, had put on the Tucker Electrical Construction Company. Conditions revealed that the State Architect was paying double overhead charges for supervisors and foremen om the two jobs and for double timekeepers. My investigation disclosed that the State Architect against the protest of E. A. Sanders, Superintendent of Construction, had removed the State inspectors who took the time on these two electrical jobs, and had des- ignated two nien and put them on the pay-roll of the contractors. iThe State Architect had also requested the Tucker Electrical Construction Company to re- move its foreman "as a personal favor " and appoint one J. F. Hogan foreman of the job. The timekeeper on the Tucker contract was J. J. Gaffney, a sufferer from pulmonary tuberculosis. He checked up the material for his company land at the same time for the State — both material and labor. The timekeeper for the New York Construction Com^ pany was Michael J. Rooney, a marble polisher, who certified to the value of electrical materials, lumber, etc., and who checked up the amount of labor on the job. Further investigation showed . that these two electrical contracts'* were really run by W. S. Costa, Secretary to the State Architect. Rooney, who was put on the pay-roll of the New York Construction Company and cheeked up the materials and labor for the State, was designated by a political leader. This is also true of Gaffney. An examination of the bills of the two companies showed that the charges for labor were entirely out of proportion to the cost of material, and an analysis made of the bills disclosed that many of the men draw- ing per diem wages had only a pay-roll connection with 946 Public Papers of Goveenoe Sulzer the work. The manager for the New York Construc- tion Company in defending the bills for December, January and February admitted that men had been put to work on the order of Mr. Costa and the State Architect ; that many of the men were unnecessary, but that the company was directly under the instructibns of the State Architect and his Secretary — -it being a percentage proposition — and therefore had nothing to do except to carry out the instructions from ^ the State Architect's office. It was admitted that the labor in large part was wholly unnecessary, but the contract- ors held that it was not any of their business to go be- yond the instructions of the State Architect and his Secretary. The bills of the New York Construction Company when checked up showed a larger percentage of ma- terial to labor by more than 50 per cent, than the bills of the Tucker Electrical Construction Company. An analysis of the work done by the Tucker Electrical Construction Company, which had the percentage job under State Architect Ware from April; 1911, to June, 1912, shows that under Mr. Ware the percentage of labor was $1.89 to $1 of material. The Tucker people were off the job from June until September, when at the request of Governor Dix they were given part of the rewiring of the Capitol, and then they came under the direction of State Architect Hoefer, who selected their foreman for them — Hogan — and the time- keeper, who checked up their materials and also checked for the State. Up to the 1st of February, the percentage of labor was $10.94 of labor to $1 of ma- terial, as against $1.89 of labor to $1 of material under Mr. Ware. From the middle of October until the 27th of November the labor was $3,002.06 against $138.21 Removal Proceedings and Investigations 947 of material. Prom the 28th of November to the 24th of December, there was $8,502.02, of labor to $915.49 of material, and in January there was $8,590.58 of labor to $782.51 of 'matei-ial. In the fourteen months under Architect Ware, the Tucker Electrical Construc- *tion Company showed $7,188.82 for labor against $3,947.44 for material. In the four months under Hoefer, the bills showed $25,911.11 for labor as against $2,255.39 for material. It was clear that the pay-rolls had been padded, not only as to actual time worked, but also as to men actually on the job. When asked to identify eight men down at $5.50' per day, the Supervising Auditor was informed, that they were masons who had worked overtime in the Secretary of State's office.. .Ttie. pres- ident and treasurer of the Masons' Union of- Albany, summoned to testify as to these masons, said that only two of the .eight were known to hinx and that only two of the eight had worked on the job. The two men who did work on the job, D. McKeon and J. Murphy, testi- fied that they had seen no other masons at work. The president of the, Tucker Electrical Construction Com- pany, when asked, to give the names and addresses of men. on the pay-roll for amounts varying from $500 down, to $304.44 for twenty-seven days ' work done, and down to $100 for the same period, could not give the addresses and said that they were picked up here and there and no; reco.rd kept of them, although this is a coiistruction compa.ny which does w^ork throughput the country and especially east of Pittsburgh. An effort to obtain the names and addresses of men who were charged up with the work was fruitless. When the president of the corporation and the superintendent were asked to identify the men as to trades, the identi- fication was proved to be fraudulent. One of the 948 Public Papers of GovEEiiroE Sulzeb men, personally well-known to the Supervising Auditor, was put down as an electrician, when as a matter of fact he is not and did not work on the job. When summoned to testify he admitted that he had done no work of that kind. Just how many fraudulent names were on the rolls of the Tucker Electrical Con- struction Company, it is impossible to say, inasmuch as the addresses of the men cannot be obtained. The total bill of the Tucker Electrical Company submitted up to the 1st of February amounts to $41,212.65, and Avith the February and March work will total close to $50,000. The work of the New York Construction Company on the same contract for rewiring the Capitol amounted on the percentage contract up to the 1st of February to $30,486.22, and including the February and March bills will be close to $38,000. This company also has a lump sum contract on the west side of the Capitol building amounting to a trifle more than $46,000; so that the total of the rewiring up to date is about $125,000. It should be said for the New York Construction Company, that while it employed too many men, its work shows up splendidly in comparison with that of the Tucker people. The percentage of labor is $48.45 to $36.70 for material in December. In January it was $53.84 for labor to $32.05 for material. In No- vember it was $46.75 of labor to $38.16 of material. Thus it will be seen that it was about $1.50 of labor to $1 of material, as against more than $10 of labor to $1 of material under a similar contract by the Tucker people. James E. Strong, president of the Tucker Company, was asked to give a complete analysis of the work Eemoval Proceedings and Investigations 949 showing the actual material put in, where it was put in, and the labor upon it. And this in turn was ana- lyzed by Charles G. Armstrong', consulting engineer and architect, in the Singer Building, 149 Broadway, New York city. This analysis disclosed that the electrical workers were paid $1,000 for relaying tarpaulins, moving furni- ture and taking up and relaying carpets in the office of the Secretary of State, and $1,000 more for extra overtime on the job, making $2,000i for doing some- thing which does not belong to the electrical business at all and which could have been done by three or four laborers on the Capitol. The company says they moved the furniture in and out evexy day, getting it ready for the clerks at 9 a. m., and took up the carpets and relaid them. The overseer on the job, that is th« superintendent over the foreman, charged $600 for his work and then $600 for his overtime, together with $130 for railroad fares and expenses and $150 for his board, and then the company charged their percentage on the superin- tendent's time, his overtime, and their percentage on his railroad fares and his meals. It would be burdensome to continue itemizing these bills, about every third item is extra for overtime. There is one item of $1,147.40 for overtime, and several items of an even $200 a piece for overtime. The tem- porary lighting in four rooms included $120 for over- time, $90 for general labor; $200 additional for tem- porary light in rooms for the wiremen, $200 extra cost for overtime ; $200 for cutting granite and tile in the Secretary of State's pflSce, and $200 extra for over- time. The bill runs along in this same way. There was no authority from the State Architect's 950 Public Papebs of. Gtoveenob ;StjXjZeb office to work overtime, except an order to do so in the Secretary of State 's office, if necessary. And the con- tract of the Tucker people provided that where there was any such work, there shpuld be a separate shift of men at the regular rate of wages. It was not within the authority of the State Architect to destroy this contract without the assent of the Trustees, but he did so, or the contractors say he did so, with the result that men alleged that they worked 20 consecutive hours a day for 27 days in November, for 26 days in Decem- ber, and for 27 days in January. The foreman on the Tucker job, who was placed there at the personal re- quest of the State Architect, worked 24 hours put of 24 hours in many instances, according to the pay-roll, The pay-roll is checked up by Gaffney, an admitted consumptive, who when called to give testimony was found to be in a hospital in New York. The consulting engineer, Mr. Armstrong, has gone over the itemized bill of the Tucker Company, and his report to the Trustees of Public Buildings shows that under tlie percentage contract the cost for each light outlet is $100, and that a fair and reasonable cost, including 10 per cent, profit, should not exceed $39.50 per outlet. The overcharge on each light outlet is $60.50, or an entire overcharge in 139 outlets of $8,288.50. He also finds that there are 40 other light outlets charged for which he cannot find in the plans, or the rooms to which the bills refer. He also finds that the contractors gave no return to the; State for 49 floor outlet boxes which were removed. He finds that skilled electricians ' labor was charged for cutting woodwork and plaster. He finds that the sum of $1,050 is charged for cutting and patching walls to install 760 feet of conduit worth $27.05. This equals $1.35 a running foot. He finds a charge of $4,600 for Removal Proceedin'gs and iNtESTiGATioNS 951 cutting and patching to install 3,910 figet of conduit work, or $1.17 a foot. The most liberal price for such cutting and patching would not exceed 50 cents a foot. He finds also that the bills were improper, inasmuch as a charge of $2,159.93 was impiroperly made in the figuring out of the percentage on the total of the job. This analysis of the consulting engineer, together with the report of the Tucker Company, is submitted here- with and marked Exhibit "A," to be filed in the minutes. The special electrical expert engaged" finds that the plans for rewiring the building are incomplete, extrav- agant in' design to the last degree, land indefinite as to the number of lights. The supervision of the work has been practically by irresponsible persons, and he recoinmends that either a blanket contract be made for the remaining work, or the contract be given to some reputable concern on time and material, plus a per- centage with an up-set price, which he estimates will not exceed $40,000. The engineer oh the job repre- senting the State, and who was assigned to the job by the late Architect, Mr. Hoefef , testifies that the remain- ing work would cost at least $110,000, in his judgment, but Mr. Armstrong says he can now get reputable con- tractors who will give a bond to do it inside of $45,000. The Supervising Auditor recommends tha;t in view of all the facts, the bills of the New York Construction Company be paid, and that the Tucker Electrical Com- pany be forced to go to the Court of Claims and prove the value of their work and the actual money expended. In the investigation of the Architect's office, it was disclosed that Christian Ashmusen, of' Albany, who had been employed in the Architect's office until the first daiy of January, had received a contract on the recommendation of Mr. Hoefer, froin GoA^ernor Dix, 952 Public Papers of Govebkor Sulzeb • to supervise all the electripal work, on the Capitol, be- ginning January 1, on a 5 per cent, basis. On the work done during January and February, this would give him about $1,500 a month, or a little more. His salary in the Architect's office was $2,400 a year, and it was he w^ho attempted to design the costly plans for light- ing the Capitol. The contract was without the author- ity of the Trustees of Public Buildings, and Mr. Ash- musen himself has testified that he did not attempt to check up the labor, nor did he attempt to check up the materials received, but he charges 5 per cent, on all the materials and all the labor. He is willing to com- promise with the State and would like to know from the Trustees whether he is on or off the job. The electrical engineer engaged by the Trustees of Public Buildings regards Mr. Ashniusen as incompetent and inefficient, and he himself admits that he did not prop- erly look after the work to which he was assigned on this percentage contract just before the present admin- istration came into office. An investigation of the plumbing contract held by L. F, Bannon, of Kingston, N. Y., disclosed that the specifications had been departed from radically ; that the change had been made without the knowledge of the Trustees of Public Buildings, but had been con- sented to by the State Architect. The original specifications called for Carrara glass in the toilets in the west wing of the Capitol. The glass for the wainscoting was to be three-fourths of an inch thick, and for the partitions one inch thick. The lin- tels and jambs of the waterclosets were to be two-inch marble. The contractor substituted an Argentine glass for the wainscoting three-eighths of an inch thick, and the partitions are three-fourths of an inch thick, instead of one inch in thickness. The marble for the Removal Proceedings and Investigations 953 jambs and lintels was not furnished as required by the specifications, but even the vsroodwork in the toilets was changed without any authority from the Trustees of Public Buildings and in violation of the contract. Experts, including one from the Pittsburgh Plate Glass Company, and also the Acting State Architect, conceded that the glass wainscoting, as well as the par- titions in the Assembly toilets, the only room yet fin- ished under the contract, are dangerous and should be torn out. The experts also estimate that the contractor made about from 45 to 50 per cent, more on the con- tract by the changes in specifications. When the late State Architect, Mr. Hoefer, was questioned he said that there was a verbal understanding with the con- tractor that he was to make the State an allowance, but just what allowance could not be determined at the time. Since Mr. Hoefer has resigned, it has been discovered that instead of an allowance, the contractor was permitted to get an increased sum for the changes which were made, and in fact he received an increase in almost every item in the schedules of his contract. The Acting State Architect has written the Bannon Company that the contract must be carried out as originally agreed upon, and asks further authority from the Trustees of Public Buildings to submit the matter to the Attorney-General, so that, if necessary, the bondsmen may be sued. The total, amount of the plumbing contract is $54,488 for the west wing of the Capitol. In going over the accounts of the Architect, it was found that without any authority from the Trustees of Public Buildings, the late State Architect, Mr. Hoefer, let to Callanan & Prescott the work for the marble on the third floor of the Capitol, west wing. Callanan & Prescott sublet this to the Vermorit Marble 954 Public Papers of Gtovebnok Sulzek Company, of Proctor, Vt. The total is $102,900, Callanan & Prescott get dy^ per cent, on this $102,900, The records show that the State Architect allowed Callanan & Prescott to select the bidders themselvea for the marble, open the bid themselves, so that it may be said in truth that there was no real contract on behalf of the State, and no effort whatever made by the State Architect's office to obtain proper bidding; for the marble. The contract is of course invalid, not being made according to statute, but as the Vermont Marble Com- pany has proceeded in the belief that the work was properly ordered, the Supervising Auditor recom- mends that the contract be properly approved by the Trustees of Public Buildings, inasmuch as the marble will be necessary pretty soon, after the adjournment of the Legislature, and probably little money would be saved at this period by a proper letting of the contracti. Under this, the State of course is practically bound to let the Callanan & Prescott subcontractors lay the marble in the corridors and in the rooms on the west wing of the Capitol building on the third floor, so Cal- lanan & Prescott will receive 91/2 per cent, on the cost of the marble and then 91/2 per cent, for labor in instal- ling the marble, with which labor they have nothing to do. It also appears that the former State Architect per- mitted Callanan & Prescott to enter into contracts with the Architectural Plaster Company in the sum of $30,410 for plastering and artificial stone vork in con- nection with the third floor rooms and corridors in which the marble is to be set and with the New York and Batavia Woodworking Company for furnishing woodwork and finish, $35,102, on the third floor. Cal- lanan & Prescott sublet this work and received under Removal Pboceedin'gs and Iktvestigations 955 the agreement with the Architect 9i/^ per cent, commis- sion on the total of both contracts. This was done without any authorization by the Trustees of Buildings and without their knowledge. It was a clear gift of 91/2 per cent, on $102,900^ on $30,410 and on $35,102. The State Architect simply gave up his duties, turned his authority over to the contractors and paid them 91/^ per cent, on the total of three contracts. It is suggested to the Trustees that direct instruc- tions be given to the State Architect that no further work of this sort be done, except under a contract as submitted to the Trustees of Public Buildings, as was done by all Architects until Mr. Hoefer came into office. In respect of the question whether the west wing of the Capitol should be finished on a percentage contract by Callanan & Prescott, the Supervising Auditor to the Trustees has taken the testimony, through a stenog- rapher, of all the gentlemen connected with the State Architect's office who have any supervisory work. It is the opinion of the Chief Draughtsman, the Chief Engineer and the Superintendent of Construction — all three men named by the Committee of Architects as competent to pass judgment upon the question — that a continuation of the percentage contract is advis- able, if the Trustees of Public Buildings will give the State Architect authority to decide just what men shall be employed on the job, that is, the number of men in relation to the amount of work. These men concede that if eight riggers are doing the work of two riggers, and if fifty soft^stone cutters are doing work where only fifteen are necessary, and that fifty laborers are on a job good for only ten men, the cost to the State is bound to go far beyond a proper contract price. The Supervising Auditor, with the Architect and the Superintendent of Construction, has several times in- 956 Public Papers op Gtoveenor Sulzeb vestigated the work being done by the contractors, and have found men sometimes doing nothing. These men were as many as three or four together. And it was also found that there is a regular alarm signal on each floor when anybody comes along who may be suspected of a desire to learn whether the men are working. The contractors, of course, are not to blame to a very large extent, as they are urged by county leaders and by some members of the Legislature, to put men to work. Where the acting State Architect has taken men off the job, and in one case a particular man for violating the rule against smoking, the men have been put back through the influence of certain gentlemen in the Cap- itol not in any way connected with the Trustees of Public Buildings. The architects who investigated the building for the Governor agreed that the work done by Callanan & Prescott is first-class in every respect, that the material is exactly as provided for in the specifications, and that no fault can be found with their work, beyond the ques- tion of an overplus of labor, which, of course, fattens the percentage contract. In the week ending February 14th, there were 493 persons on the Callanan & Prescott pay-roll. On March 26th, through the efforts of the acting State Architect, this number was reduced to 427, and a further reduc- tion has brought the number under 400. This, how- ever, means a weekly pay-roll of more than $8,000, and it is respectfully suggested that if a percentage con- tract is to be carried on, a resolution be adopted pro- viding that all men shall be employed on the job through the State Architect, and that the State Archi-. tect have authority to say how many carpenters, how many riggers, how many foremen of carpenters, how many stonecutting foremen, and granite cutters, et Removal Pkoceedings and Investigations 957 cetera, shall be employed on any given amount of work. Should this be done, the percentage contract could be carried out with success for the State, and with speed which would permit the finishing of the building l^f ore the first of next January. The Supervising Auditor finds that aside from the marble architectural and woodwork contracts, which in a peculiar way were let to Callanan & Prescott with- out any authority from the Trustees of Public Build- ings, a most unusual contract was let to them without any authority in law. This was to purchase furniture from January 1st up to and including March 11th for various rooms in the Senate and Assembly committees. It seems that the orders came from legislative officials. The total purchases amounted to $11,097.85 for fur- niture and carpets, the furniture comprising desks, chairs, tables, et cetera. This furniture was purchased at the highest retail prices, through the Superintend- ent of Public Buildings. Mr. Callanan cheerfully admits that he had nothing to do with the purchases, but that he was informed by some one that there was no money to buy furniture, and that he lent his credit to the State, for which he charges 9% per cent, on the bill, his profit being $1,054.30, making the total pur- chase of furniture amounting to $12,152,15. The proper way, of course, was to have this done through the State Architect's, office, and have esti- mates made and bids obtained from furniture dealers and carpet dealers direct. An investigation shows that various typewriter desks, mahogany divans, ma- hogany chairs, sectional book cases, et cetera, were bought at prices at which any person could purchase one desk or one chair, and that there was no attempt njade by anyone to conserve the interests, of the State. The purchases were made without any authority in 958 Public Papers of Gtovernoe Sulzee law and the Supervising Auditor requests that he be instructed as to whether he audit the bill as presented. On February 14, 1913, William W. Armstrong, of Rochester, a lawyer, presented to the Trustees of Public Buildings a claim of the R. T. Ford Company amounting to $93,397.95 for work on extras alleged to have been necessary on the Educational Building. The demand of the Ford Company was referred by the Trustees of Public Buildings to the Supervising Au- ditor, to transmit the claim to the architects of the Educational Building, and they reported specifically on each item. They say that the Ford Company has grossly misrepresented the situation and that they are not entitled to a dollar of the amount claimed. After receiving the report of Palmer, Hornbostel & Jones, the architects, the Supervising Auditor, sent the claim of the Ford Company together with the com- munication of the architects, to the Attorney-General, and the Attorney-General has returned an opinion in which he advises the Trustees of Public Buildings that the Ford Company has no claim of any sort against the State. The correspondence between the counsel for the Ford Company, the architects and the opinion of the Attorney-General, is herewith submitted and marked Exhibit "B." Palmer, Hornbostel & Jones, architects for the State Educational Building, submitted to ihe Trustees of Public Buildings on February 8th, a schedule of items which they believed ought to be approved by the Trustees, and amounting in all to $194,503. The matter was referred to the Supervising Auditor and the acting State Architect, who went to the State Edu- cational Building and saw all the persons in interest Removal, "'Proceedings and Investigations 959 and investigated each item. The acting State Archi- tect recommends items which with the architects' commissions and expenses will total $52,575.90,. as against the items asked for by the Educational Build- ing architects of $194,503. The items disallowed included $25,000 for a bronze allegorical sculptured clock; $15,000 for metal vases on the Washing'ton avenue front to complete pedestals along the Washington avenue front; $3,500 for ad- ditional cost of a bronze candelabra ; $4,000 for drives about the north wing; $15,000 for new pedestals for Washington avenue, for the candelabras, and lesser items relating to plastering, mouldings, ventilation and painting. The entire list asked for by the architects, together with the report of the State Architect, and Supervis- ing Architect, will be marked Exhibit " C." It should be said in relation to the $25,000 clock, that in the report to Governor Dix it was proposed to put this clock in at $15,000, but that afterwards the architects wrote saying that the amount was a type- written error, and it should have been $25,000. The contract for this clock was signed by Grovernor Dix, but never was formally approved by the Trustees of Public Buildings, nor by the Attorney-General or the State Architect. The consulting engineer employed by the Trustees of Public Buildings has devised a plan for electrical wiring of the remainder of the building which will re- duce the cost very much by avoiding much cutting of stone. Also he has discussed, with several electrical contractors the question whether their men would not agree to waive their rights in the premises and let the Albany Bricklayers, Masons and Plasterers' Union 960 Public Papers of Governor IStJL.ZER have its way. The contractors were thoroughly wil- ling to go ahead with the work and supply men, if necessary, from New York, who will do it. This seems to be the only way of averting more delay on the building. A compilation of the money paid so far on the Capitol shows that there has been expended directly or indirectly in payments, or on contracts which have been let that are yet unfinished, a total of $1,967,574.92, in addition to $100,000 appropriated immediately after the fire for emergency work. The appropriation in 1911-1912 was $1,500,000 for general rebuilding. There is a deficit now of $467,674.92. The State Architect and Callanan & Prescott estimate that it will cost $1,000,000 more to finish the building, and $100,000 for equipment, mainly filing cases and furni- ture. It is agreed that the Capitol can be finished by the first of January if the strike can be immediately settled. The appropriation, therefore, which must be made by the Legislature would have to be $1,100,000, and an additional appropriation of $467,574.92 to make up the deficiency. The State is now indebted to Cal- lanan & Prescott in the sum of $225,000. They have gone along with their pay-roll, which averages $9,000 a week, and have, they say, borrowed money from the banks in order that the work should be continued pend- ing an appropriation by the State. On March 13th the State owed Callanan & Prescott $214,292.56. The total to Callanan & Prescott, including their subcon- tract, amounted up to March 8th to the sum of $1,444,272.75. The State Architect had made a complete report on all the work done and it will be filed in the minutes, and marked Exhibit " D," He has also made for the Trustees a complete report of what he believes will be Removal Proceedings and Investigations 961 necessary for the completion of the Capitol, and this itemized, report is herewith submi'tted and marked Exhibit " E." The Supervising Auditor has had prepared a list of men employed by Callanan & Prescott on the* Capi- tol, together with the persons whose influence put them to work. This list covered all employees on March 26th and another list covers all employees on February 14th. In the list of March 26th, it will be noticed that very many of the men put to work as car- penters, riggers, granite cutters, soft-stone cutters, bankermen, rubbers, and laborers, were certified to, and employed by Costa, the discharged Secretary of the State Architect's office. An entire list of the men employed, together with their recommendations for appointment, is herewith submitted and marked Exhibit " F." 31 X PART 2 REMOVAL PROCEEDINGS AND INVESTI= QATIONS (Extraordinary Session) X PART 2 REMOVAL PROCEEDINGS AND INVESTIGATIONS (Extraordinary Session) Commission to Examine and Investigate the Subject of Ventilating Systems in the Public Schools and Other Buildings of the State State or New York — Executive Chamber To All to Whom These Presents Shall Come, Greet- ings: ' ' :■:: 1 ' • Know ye, that pursuant to section 8 of the Executive Law, I have appointed, and by these presents do hereby appoint as special commissioners to serve without compensation, Charles E. A. Winslow,^ of New York City:' Edward Ijee Thorndike, of New' York City; James Alexander Miller, of New York City ; Frederic S. Lee, of New York City; Earl B. Phelps, of New York City; D. E. Kimball, of New York City, to ex- amine and investigate the subject of ventilating sys- tems in the public schools and other buildings of the State, and the proper installation of the same to the end that a thorough and effective System, which Will assure an adequate supply of fresh air, under the best conditions, will be maintained. The said commissioners are empowered to subpoena and enforce the attendance of witnesses, to administer baths and ' examine witnesses under oath, and to re- quire the production of any books or papers, deemed relevant or material ; And I hereby give and grant unto each of sdid com- missioners, all and singular, the poWefS'and authbri- ' • ' ' ms]^ " '"' ■■■■ '' ''''■ 966 Public Papers of Govebnoe Sulzek ties which may be given unto a person appointed by me for such purpose under authority of the statute aforesaid. > / • i In Witness Whereof, I have subscribed My'nAme to these presents and caused the Privy Seal of the State to be affixed li^reto at the Cap- [l. S.J itpl iu tbi%. city of Albany ^h^s twenty -fifth , . day of June ii^ , the yiear ,^f .,,pT;iii:, iI|iRi;(J, one thousand nine hundred and thirteen. ; ..,,,, , , , (Signed) , WM, SUL^ER Bv the Governor; ,,,, , . , Chester C. Platt Secretary to the Gove fnqr.-, .. ,, . : Statement by Qovernor Siilzer, re Appointment , of Ven^ tilation Commission . .. , i " My attrition, has been directed to the euornious amount of money expended by taxpayers of the State for ventilating systems in public schools i and , pther public buildings. .^^ , ,;, ,,; ," I am informed that iin, many instances expeiisi,ye ventilating systejiis are, lying idle, and, i^i many .more instances in ;v!s^hiQh they are not idle, the, results, are un- satisfactory to the teachers, to the pupils and, ^o the b,o,ar4s of edjicatipn ."vvjiicl^ ar ^ pp^r a:t^ng them. There is nothing in my judgnjent, which nao.re vitally effects the public.heal|th of , the schooj children of thej State, ^nd indirectly the healthj of all the citizeiis of the State^ than the problem of providing an adeg^uate supply of fresh, air under the Jjest conditions.; . . , The problein is far from siijiple, , however, It is much more than an engijjieering problem, for the best Removal' Peoceedings and iNVESttGAiioNS 967 scientific/ experts have not 'determined what condi- tions should be met by the engineers. Even the most fundamental facts which must lie at the basis of any efforts to ventilate. our school buildings, have hot been scientifically determined by any experiments which have beeui made thus far. It is not known, for example, and cannot be known without more adequate^ experi- ments than have been possible up to this time, what temperature should be maintained in public school buildings. S Indeed, it has not even been proven whether a constant temperature or a varying temperature is more beneficial. '■)iWei do not know 'scientifically what degree of humidity should be maintained in our school- rooms. ' ' ''ilt i!7(H{fllTl ■ •Klffr' "MH / " I am informed also, that it has not been proven what amount of carbon dioxide in the air is possible before the air becomes detrimental to health. In other words, there is no scientific proof for some of the most fundamental factors involved in the probleni of! ven- tilation.'! On the other hand, I have been assured that if careful scientific : studies were made with the ex- press purpose of i measuring some of the unknown fac- torSj'isuch' studies could be reasonably expected to put us in possession of data which would enable the scien- tist to tell us with some ;degree of accuracy what those fundamental conditions are which should be main- tained in schoolrooms if they are to be beneficial to the health of the children. "4') , > yJi^^-jovii / '• The enormous influence of the acquisition of addi- tional scientific facts upon public health movements in recent years has affected measurably the public health of the country. I am convinced that similarly in the field of ventilation, ,the; acquisition qf additionahiand fundamental facts would seem adding, enormouslv to 968 Public Papeks ov Goveenob Sulzee the health of public school children. ; At, any rate, as the health of so many thousands of children, not only in this State, but in other States^ would be benefited by any facts which might be demonstrated, and as the expenditure of many thousands of dollars now being- expended in ventilating systems could be made much more effective, it seems distinctly worth while, to un- dertake experimental and research work looking toward this end. ; , , , " Fortunately through the generosity iof a public spirited citizen, Mrs. Elizabeth, Milbank Anderson,. the sum of: $50,000, Or such portion thereof as may be needed, has been given to the Social Welfare Depart- ment of the Association for Improving the Condition of the Poor, for the purpose of making such an inqiuiry. At the request of that Association, I have decided to appoint a Commission on Ventilation to direct this im- portant work. " Prof. C. E. A. Winslow, Associate Professor of Biology' of the College of the City of New York, will be the Chairman of this Commission. Prof. Winslow, is also the curator of Public Health at the Museum of Natural History. He was formerly Professor of Sani- tary Biology in the Massachusetts Institute of Tech- nology and Biologist-in-Charge of the Sanitary Re- search Laboratory in the same institution. He has also held the chair of Assistant Professor of Bacteri- ology in the University of Chicago. He is the author of several books on bacteriology, industrial microscopy and kindred subjects. ' ' The other members of the Commission are : '"'' Edward Lee Thorndike, A. M., Ph. D., Professor of Educational Psychology at Columbia University; former Professor of Education in the Western Reserve Removal Peoceedin'gs and iNVESTiGAifoNS 96'9 University. Prof . - Thorndike is a member of the New York Academy of Sciences, the American Psycholog- ical Association, etc. He is the author of ' Elements of Psychology,' ' Mental and Social Measurements,' and other books on psychology. " James Alexander Miller, M. D., Professor of Olin- icial Medicine, College of Physicians and Surgeons Columbia University; -Visiting Physician, Bellevue Hospital, Director of Tuberculosis Clinics, Bellevue Hospital; Chairman of the Committee on the Study and Prevention of Tuberculosis of the Charity Organ- ization Society, and President of the Association of Tuberculosis Clinics. " Frederic S. Lee, A. M., Ph. D., Professor of Physi- ology in Columbia University. Prof. Lee is a member of the Board of Editors of the American Journal of Physiology and of the New York Academy of Sciences. He Avas formerly President of the Society for Experi- mental Biology and Medicine. He has contributed wdd'ely to the literature on physiological subjects. "Earl B. Phelps, B. S., Professor of Chemical Biology and Lecturer on Sanitary Engineering at the Massachusetts Institute of Technology and Assistant Hydrographer of the United States Geographical Sur- vey. Prof. Phelps is a member of the firm of Phelps & North, Sanitary. Engineers. He is the consulting sani- tary expert for the American Association of Civil Engineers, and a member of the American Chemical Society, Ameyipan Public Health Association, Society of American Bacteriologists, etc. He is the author of numerous papers on various sanitary problems. , _",D. E. Kimball, C,. E., .Mechanic^ and EJlectrical Engineer. Mr. Kimball is an expert consulting, heat- ing and y«nttilating engiijeer anid is a meml^er of tljie Section on Ventilation of the American Museum of 970 .Public Papers ,0E Governor , Sul^ek ,: > Safety. He is also a member of the, Council of the American Society of Heating and Ventilating Engi- neers and of' the American Public Health Association. '' TJiese men," said the Governor in. conclusion,. ' ' have signified their willingness to direct this research work without; remuneratiomi The work, of an , Expert Commission . pf this, kind, generously undetltafefeni by men, of recognized ability in theinrespective fields out of a deyotion to thecause: of Science and the welfiace of humanity, constitutes one more example of the splendid self-sacrifice and disinterested spirit qf ithebest citit zens in the State.: The work which- they will under- take is a public service of high order and will, I have every reason to believe, result in accomplishing' Jnuch for the public health jof the .people in this and other States." I, ■ , ,. Appointment of Commission on Prison Reform State ,oe New York — Executive; Chamber To All to Whom 'These Presents Shall Come, Greet- ings : ' ■ ' ' • Know ye, that pursuant to section 8 of the Executive Law I have appointed, and by these presents do hereby appoint as special commissioners to servte' without com- pensation, Thomas Mott Osborri,' of Auburn; Miss Margaret Wilson, Washington, D. C. ; George W. Kirchwey, of NeW York City; John B. Riley, of Platts- burgh; Mrs. John Jay Chapnlan, df Rliinebeck; Ed- ward Bates, of Utica;'MisS Mary Gkfrett 'Hay, bf New Yoi-k City ; Howard T. Mosher,' of Rochester ; Mrs. Hannah Blum, of New York City ; Charles N. Hough', of New York City'; B. Stagg Whitin, of Ne^'York Eemoval Proceedings and Investigations 971 Gity^ to examine and investigate the management and affairs 'of the several ; State prisons and re- formatories, the departments thereof, the prison in- dustries, the construction arid plans for adequate prison faeilitieB, the employment of convict labor, and all, subjects relating to the proper maintenance and con- trol of the State prisons of the State of New York. ' This Commission' will collate factd, recfeive sugges- tions and riiake such recomnifendations as niay seerri fit- ting 'with regard to what' changes, if any, are advis- aibl'e in thelkws of this State relating to, or effecting, the matter under-inve'fetigaition'. ' ' The' said Comniissioners are hereby eriipowered to subpoena and enforce the attendance of witnesses, to administer oaths and exainirie witnesses under oath; arid' to requite the pfoductiori' of ariy boOks',' papers and documents deemed relevant or material; And I do hereby give and grant unto each of said Commissioners, all and singular, the powers and au- thorities 'which rii'ay be giveri Unto a person appointed by me for such purpose under authority of the statute aforesaid. ' ' '; ' ' ' ' '''''" ■■''''* , , ., Iif^wiTijrE^s WHEBEOF, I havc sul)scribed my name ..,..,;.. jij,,,, to ;tlifise.pres|en,ts jand caused the Privy, Seal I , , j , , , of the State to be affixed, liereto at the Cap- .,j([l. s,] , itol iji, the, city, of Albany, this twenty-first .,i( I , day, of June, in, the year of pur ll/ord, one ,, j thousand niijie hundred a,nd thirteen., :■ :: (Sigued) ,WM. :S,ULZER , ; By the 'Governor: ' Chester C. Platt ;• • ' ' Secretary totheObverndr . i jNOTS.-.- On July. 7tU th^ Qovernor appointed George W. Perkins, of N^w York. City, and Miss Madeline Doty, of New York City. Miss Mar- ^dret Wilson and Mrs. John Jay Chapman being unable, to serve. 972 Public Papers of Governoe 'Sulzeh Governor Sulzer received tlie f oUowiing letter from Hon. John Eiley, Superintendent of State Prisons, showing the necessity for a reorganization of the ■ prison system of the State. " June 10, 1913 " Hon. William Sulzer, Governor, Albany, 1^. Y.: " I)jEAR Sir. — During the brief period since my ap- pointment , as Superintendent of. Prisons I have be- come satisfied that there are two distinct branches of the prison problem in which advancement and inp.- provement should be made: First, the raising of prison management, as it stands, to the highest pos- sible standard of efficiency and economy. Second, the formulation of a complete system for the control and reformation , of prisoners — a system which shall be more in accor4^ce., than our present one, with miodern ideas of justipQ and modern .methods of treati^ig ci^im- inals, so as to attain the most beneficial results for them and at the same time conserving thp interests of the Stat,ei; " I am forcibly impressed with the view that there is ample room for reform and improvement, involv- ing a reorganization of the prison system of the State, yet I feel it is my first duty to eliminate inefficiency and mismanagement, and bring the Department, under the law and with the means at my conamand, up to the standards which you and I both wish to see, and the people of the State have a right to expect. I feel that this task will absorb at present all my time and energy and that a comprehensive plan should be worked out by a Commission, composed of men who have given previous thought and istudy to this most important and difficult problem, to the end that such Commission shall outline a plan for prison management, which will be more corisistent, equitable, economical and intelli- & Removal Pboceedings and Investigations 973 geiit than the present one is or can be made, even when conducted with the strictest honesty and greatest efficiency. ' "I, tlierefore, venture to suggest the appointment by you of a Commission' on Prison Reform, composed of men who will l^ave the time ^lld ability to prepare and submit .a plan as aboye outlined. There are men of the tiighest character who have given much thought ajnd time to the study of the prison problem in this State who can, I am sure, be induced to examine the question fully, under the cohditioris as they exist, and after deliberation submit a report which will be of great valiip in guiding the Legislature to a wise solu- tion of the iniportant questions involverd. ' " Yburs very respectfully, / " (Signed) JOHN B. RILEY ;. " Superintendent of State Prisons " Report of the Commission on New Prisons in Relation to the Establishment of a New State Prison to take the Place of Siag Sing Albany, N. Y., July 9, 1913 To his Excellency, GtOveenOe William Sulzee: The undersigned members of the Commission on New Prisons, appointed by you in June, 1913, very re- spectfully subnait the following matters for your con- sideration : ' . \ . . ;, .1 History of legislation relating to the , icrfi,a,ti.Q^: of " modern prison buildings in the State of "New York." ' '-■■'' ' ■' ' ' ■ ^'i '■'" ' ■ ' ■■'•' By chapter 718 of the Laws of 1905, entitled : , "An act creating a commission to inquire as to the most practical methods of providing modern 974 Public Papsibs OP GovEBifOB Sulzeb prison buildings, ' ' the Governor on tke 15th day of August, 1905, appointed a Commission whose duties, as defined by the Act of 1905, were to in- quiry as to the most practical methods of provid- ing naodern prison buildingSi . This Commission reported to the Legislature under date of January 15, 1906, saying, among other things: ' ' While your Conxmission '. Wlieves that new ^ prisons should be erected on new sites to take th§. place of both Sing Sing and Auburn, we recom- mend thai a new prison, tp take the place of Sing Sing, be first constructed, aiid , that the construc- tion of a. prison to take the place of : Auburn be deferred until the completion of the eastern prisoh." > . ! , By chapter 670 of the Laws of 1906, entitled: "An act to establish a new State prison in the eastern part of the State to take the place of Sing ■•Sing prison; to authorize the Governor > to' ap- point a Commission, to select and purchase a site." It was provided " Section p.. The,) establishment of , a new State prison to take, the place of Sing Sing, on a site to be selected as hereinafter provided, is hereby authorized. "Section 2. The Governor is hereby authorized to appoint a Commission of not less than three nor more than five persons to carry into effect the provisions of this act." Pursuant to the provisions of this law Governor Higgins designated a Comn^ssion, which organized July 2, 1906. On Niayember 21, 1907, the Commission Removal Pkoceedings anb Investigations 975 finally selected what was known as the Bear Mountain or Lambert site at Highliand. Lake, lying partly in the county of Roiskland and ■ partly- in the fioxinty of Orange, iqontaining. 500 acres, and including Ifighland Lake, at the agreed price of $75,000,, and on December 5; 1907, ,the Grovemor signed the formal certificate of approval of this site. ; i > i The Commission prepared rules ^ and regulations governing the competition of architects for the fumish- ing> of desighSj etc. Plans designated as No. 38, pre- pared by William J. Beardsley, of Poughkeepsie, N. Y., were selected as the mosi^ meritorious, of thijty- f our plans submitted linder such rule§ and regula^- tion^. In October, 1909,, the Commission was advised by the Governor that, the State might conclude to use the site above mentipned as a part of the Palisades Public Park, and require the Commission to construct its prison on some other site, and at his suggestion the Commission held up all work at that site and also the letting of the contract for the construction of the building. By chapter 365 of the Laws of 1910, entitled : "An act to authorize the Commission on new prisons, to select and purchase another site for the new State prison to take the place of Sing Sing and to use money for such purpose heretofore ap- propriated to said Commission." The -Commis- sion was authorized to select another site fdr^ the new State prison in place of the Bear Mountain site above stated. On June 6, 1910, the Commission selected a, new site in i)ye tqwn of Doyer^ Dutchess County, New York, one mije south of Wingdale station on |;lie Harlem jrailroad. 976 Public Papers of Govebnok Sulzeb Under date of March 21, 1912, Grovernor Dix sent a communication to the Legislature, saying: " In my last annual report I recommended abandonment of the Wingdale prison project on account of the undesirability of the site and the very large expenditure required for the construc- tion of the proposed prison. My judgment in the matter has been confirmed by the report of the Commission appointed in 1911 to examine the Department of State prisons, which report con tains the same recommendation." Some $30,000 of work appears to have been done at this site at Wingdale before the work was stopped. After this action on the part of Grovernor Dix, mem- bers qf the then existing Commission on new prisons, all resigned, or were removed by him. The present (Commission wa.s thereafter (Jiine, 1913) appointed by Your, Excellency. II. The legal- ^tatus of the. State of New York with the P. J. Carlin Construction Company, who contracted to , huild . the new prison at Wingdale, and with Mr. William J. Seardsley who prepared the plan's for that prison. As regards the: contractor, the P. J. Carlin Con- struction Company, it is understood that he has pre- sented his claim to the Court of Claims and has ob- tained an award of $149,472.64 in full of .his claims of every kind under his contract with the State. As regards the architect, Mr. William J. Beardsley, a communication from the Secretary of the Commis- sion to Governor Dix, under date of March 19, 1912, Removal Proceedings and Investigations 977 encloses an opinion by^ Attorney-Greneral Thomas Car- mody in w^hich it is saidi " WilKam J. Beardsley having been pai^ the sum of $103,805.27 for services and expenses al- leged to have beeii rendered ahd incurred as archi- tect, in Connection with the proposed new State ' "prison at Bear Mountain and later at Wingdale, of which amount $102,234.66 has beein paid to him ,11 for services claimed to ;have been rendered in a period slightly exceeding, three years, now de- mands $60,000 more pn account of said services." The communication then refers to chapter 670 of the Laws of l506, chapter 521 of the' Laws of 1907, the gen- eral provisions of the Public Buildings Law" ' rfelating to the duties of the State architect, cliaptel- 208' of the Laws' of 'l'908i,' (Chapter 214 of the Laws of 1908, artiend- iiig- section 10 of the act, chapter 521 of the Laws of 1907, chapter 447 of the Law^ of 1909, and chapter 364 of the Laws of 1910. It then proceeds as follows : V It will thus be seen that the, only authority of this act in regard tO; the ; employment of a private architect, was ' to supervise the construction of such prison ' construction work on a ne^y prison h3,?,.been,performed oi^ly to the amount, p,f. about $30,060 "in a contract of over $2,000^006.^ The Prison Commission on September 26, 1910, en- tered into another contract with the claimant au- thorizing the payment tq 'him of the sum of $30,000 for changing the plains to adapt them to the new conditions. This ^.Ijeing enti-reljy beyond their powers as prescribed by the statute which, as has been seen, only authorized employnient of an 978 Public Papers of; GrovEKiiroE Sul/Zee .' architect to superintend construction, no claim can properly be based thfereon. ,: !>>■ " Suffice it to say tliat,i;ii my opinion the claim- ant has been overpaid at least .$80,000, and I should, therefore, advise not only against the rec- ognition of any further claim, but, in favor of the ' institution of an action, to recover the sums illegally paid. " : It is further stated in a letter of May 28, 1909, written by WiUiam Eand, Jr., of 63 Wall street,' New York City, to Hon. Charles E. Hughes: ' " On June 12, 1908, the boarcj designated com- petitor No. 28 as the winner of the first prize. Thereafter, and pursuant tQ the a,uthprity .of chapter 214 of the Laws of 1908, the Conunisision on new prisons designated competitor No. ,28, Mr. William J. Beardsley, pf Poughkeepsie, N. Y., to be the architect of the new prison. This action of the Board of Award and of the Commission on New Prisons, as my clients are advised, is illegal and void for the reason, chiefly, that the plans sub- mitted by the successful competitor, Mr. Beards- ley, were self -excluded from any award or prize by reason of their failure to comply in essiential respects with the limitations and regulations ad- vertised for the competition and prescribed by statute. These reasons are set forth in a formal protest now on file with the records of the Com- mission and signed by the late Samuel J. Barrows, a member of the Commission on New Prisons and of the Board of Award, and for many yiears presi- dent of the Prison Association 6f New York City. Acting upon this advice, the firm of Warren & Removal Peoceedings and Investigations 979 Wetmore has begun an action against the Com- mission on Npw Prisons, and the State Commis- sion of Prisons and against the individuals com- posing i these Commissions and against Franklin B. Ware, the architect of the State of New York, ;, ifor the purpose of obtaining an injunction re- straining the Commission on New Prisons and the , State Architect from proceeding with the con- i ; ' stniotion of the proposed new prison, and from approving or letting contracts for the construc- j tion of said prison and from expending- any; pub- ' lie moneys for that purpose. " It is understood that this action is still pending, uiidetermined. III. Present Conditions at Sing Sing and Anhurn Prisons. As. early as January, 1906, the State Prison Im- provement Commission, speaking of the Sing Sing and Auburn prisons, says : " The dimensions of the cells at Sing Sing are: Depth, 7 feet; width, 3 feet, 3 inches; height, 6 feet, 7 inches; giving for each cell a cubic space of 168.67 feet, much too small to house an adult person during the. fourteen hours which each pris- oner is usually required to remain in his cell daily, and; on Sundays and holidays additional hours. At Sing Sing the warden is frequently compelled to house two prisoners in one of thes^, cells for a time. The cells at Auburn are not much larger, *.*,*:,. " The night-bucket system is employed in both prisons, and as i\i.& cell blocks of these prisons 980 Public Papkrs of Oovernor Sulzbb rest directly upon the ground, without any air space underneath them, it is practically impos- sible to install closets without reconstructing the entire cell blocks. These night buckets add a malodorousness to an overburdened germ-laden atmosphere. They cause -the storing of excreta for ten to fourteen hours in an enclosure where a human being must remain in practical contact with it during that time. In both prisons this condition is duplicated in each of the 1,200 cells. The sanitary expert does not hesitate to say that verily this is far worse than living in a sewer. The plumbing fixtures of Sing Sing prison are foul and corroded; there is no evidence that -ilae drains are sealed against sewer gases; and they afford no resistance to any back pressure created by the water locking of the sewer outlet when it is covered by high tides. The floor openings at such times are conduits for additional vitiation to an atmosphere already polluted. * * * " In Sing Sing there are six tiers of cells. This causes a wide difference between the temperature in the lower and upper gdileries. When the lower galleries are cold, the upper ones are abnormally warm. * * * ' ' Your Commission, therefore, recommends the ultimate abandonment of thefee sites and their sale, and the construction of new prisons upon new sites." These were conditions' which existed in 1906. Under date of February 21,' 1913, Wm. J. McKay, of New- burgh, wrote to Governor Sulzer, saying: " Curing my work on this Commission, it was part of my duty to inspect conditions at Sing Sing, and I found the building conditions there in a Removal Pkoceedings and Investigations 981 moBt deplorable shape, and conditions to-day are worse, because of its overcrowded condition, than at that time. Something should be done at the earliest possible .moment to correct these con- ditions. It is a fact, Governor, that this "prison was built almost 100 years ago, with a limit for .1,200 inmates, and that to-day it is occupied by over 1,400 inmates, with from 200 to 400 men, be- cause of this overcrowded condition, having to ' double up in the ceils, not one of the cells being lai'ge enough for even one inmate. ;. ■'■' The statement that the death rate at Sing Sing was small proves nothing. It is a recog- nized fact that this iprison is an incubator foi^ the breeding of tuberculosis land rheumatism. Prac- tically all prisoners who developed tuberculosis at Sing Siuig were transferred to Clinton prison, and whatever became of them there the death rate is not charged to Sing Sing. " • These statements are emphasized by the recent pre- sientment of the grand jury of Westeliester coiinty CQiidemning this prison. ' ' Conclusions of the Commission, Firsi. Tlie dommissioji lias visited Wingdale and is of the opinion, expressed biy Governor Dix and also in the report of the Commission appointed in 1911 to examine tlie Department of Prisons, that the site upon: which the construction of the new prison has been coni- niehced should be alDandoned. Second. ..That this Commission should be authorized to sfiiect another, site' in place of the Wingdale prop- erty, or to make 'excTiaiig''e of the Wingdale site for any 9&2 Public Papers of Ctoveenob Stjlzeb other property, suitable for a new prison, for which the State has no present use, the title to which may be in the State or be held by any officer, commission or department thereof, with the approval of such officer or commission as may have jurisdiction and authority over the same, or to purchase elsewhere a new site and proceed forthwith to the erection of a new modern prison thereon. Third. That a sufficient sum of money be appro- priated for a site for the new prison, to cost not to ex- ceed one hundred and twenty-five thousand, dollars, so that the negotiations for the purchase may be con- ducted in a business-like way. The seller of the land should, , upon its conveyance, receive the purchase price. It is clear that no good bargain can 'be made by the State if the vendor of the land is to be obliged, not only to give his land, but thereafter to give his time and attention and employ counsel in the procuring of a provision in the next sup- ply bill for its price, with the possibility of encounter- ing the antogonism of others who have, wishes to sell their land, or who are otherwise interested in oppo- sition to the establishment of a prison on the site selected. Fourth. That a sufficient shra of money, not less than five hundred thousand dollars, should be . appropriated for the immediate prosecution of the work of construc- tion of a new prison upon such site as may be selected by the Commission and for inciden'tal expenses con- nected with the preparation of the plans, the making of the contract and other expenditures involved in the preparation of the work of such constiruetion and the execution thereof. , ,. Fifth, This Commission feels that immediatp action is demanded bqljh by th,e, dignity of the,^tate and by every feeling of humanity on the part of its pieople ; EeMOVAL PkOCEEDIJSPGS i and I]SrVESTIGATI02SrS 983 That the longer continuance of such conditions as now exist at Sing Sing prison is intolerable; > That , not only is a new: prison demanded to accom- modate the increasing, number of our criminals, but a prison of a wholly different kind and character; and That these relics of the horrors and inhumanity of the j^iliddle Ages, in which, the added ignominy of bfistiality is stamped upon the face of crime, are as disgraceful! to us who tolerate as they are degrading to ! those who are incarcerated in them. MARCUS T. HUN, A. V. WADHAMS, LEON C. WEINSTOCK, CHARLES OBERLANDER, E. M. CROCKER. In^ Relation to 'the Legislative Investigating Committee and the Request of its Chairman, Hon. James J. Frawley, for Certain Reports and Papers Said to Be in the Governor's Possession, Pertaining to the In= vestigation of Certain State Prisons Governor Sulzer's reply: State op New York — !Exbcutive Chamber July. 15, 1913 Hon. James J. Frawley, Chairman, Legislative Inves^ tigating Committee, Senate Chamber, Capitol: Dear Sir. — Pursuant to your written communica- tipn oS, recent date, requesting that I: fupiish to your Committee, certain reports and papers in my posses- sion relating to the investiga,tipn of certain State prisons, this morning, by niy private secretary, I sent 984 Public Papebs ojf Goveknor Sul-zeb such of the requested documents which I have found in my possession and under my control, as I deem, in my discretion, proper at this time to assist in the de- liberations of your Committee, within the sphere 'of its legitimate powers. I never have and never shall hesitate to communi- cate to the Legislature all the information required by the Constitution or which my judgment may Sug- gest to me, or a request from the Legislature or any of its committees may indicate as useful in the dis- charge of the appropriate duties confided to them, so far as in my judgment, the promulgjation of the facts and information requested are not incompatable with the public interests. > I respectfully request that this communication be spread upon the minutes of the hearing of your Com- mittee now in progress. Very respectfully, (Signed) ' WM.' SULZER In the Matter p^ Charges against Matthew J. Smith, District Attorney of Queens County State of New Yokk; — Executive Chamber Before the GtOvernoe: In the Matter of the Charges against Matthew J. Smith, District Attorney, of Queens County. Notice and Summons To' Matthew 3. Smith, District Attorney of the County of Queens: ; ■"■ You are hereby notified that charges have been pre- ferred against you and that your removal from the Removal Proceedings and Investigations 985 office of District ■ Attorney bf the county of Queens thereon, has been asked by Frank L. Holmes, of Forest Hills; Frederick S. Ohle, Jr., of Long Island City; Jjiaurioe, E, Connolly, of (Corona; Edgar C. Molby, 'of ^^ichmqnd/ Hill, and Louis B. Birdsall, of Janaaica, citizens and taxpayers of the county of Queens. ,]A copy of such charges is herewith served upon you; I hereby fix the. 7th day of August, 1913, -at 12 o 'clock noon, as the date on or before which your answer to said cji^rges sh^U be filed withime ; and you are further ]p,(^^ifi-^d, t}:^at on jsaid 7th day of August, 1913, or on such later day or days £is may be appointed by me, you will be affordedi an opporunity of being heard in your diefei>ge., ■ ;.,; In witness whereof, I have (hereunto set my . hand and affixed the Privy Seal of the State [l. s.] : 'this twenty-second day of Jinly in the year of our' Lord one thousand nine hundred and thirteen. , (Signed), WM. SULZBR By the Governor: v Chester C. Platt , n'riy. ni Secretary to the Governor Statement of George W. Blake, SpecikI Commissioner, Concerning the Construction of Great Meadow Prison July 26, 1913 It appears tliat when I was ^ witness befo?:^ the Frawley Qommit^tee and.,ask^d,,on wh^t I .based my st^temqnt that,thq StatQ.h3.d, lost $500,000 through the construction of |the prison Ja^uildings , at G-reat Me.ado\y^ my answers to questions were unsatisfactory, al- though I strove to make them convincing. The infer- 986 Public Papers of Gtoveknoxe' iSulzer ence seems to have been drawn that nly charge had no truth in it and that the purpotse was to injure some innocent persons. Of course my mind was entirely free of any such idea. ' Then and now' I have only one thought about the matter. That is to get at the precise facts in the most simple and direct fashion to the end that an old scandal be permanently laid; I worked for big news- papers for many years and wrote for them many col- umns of news relaiting' to many subjects. During all this period I never' tdld or wrote a lie wittingly and the accuracy and sincerity of my ivork was nevel- ques- tioned. For proof of this I refer to the many e'ditors familiar with my work. "Why there should grow ii'p so suddenly this doubt of my honesty it is dififidult for me to understand. I have remained silent under the attack and all I ask now is for a suspension of judg- ment until all the facts in relation to the Great Meadow prison are known. i ■ i ' - Many: of the preliminaries attending the construc- tion of the prison were of such a character as ib create suspicion that the State would not get the full value of the money. ' Some of the preliminaries were the awarding of the contract on a percentage basis witljQiitJ .an upset price and then an allo'Wfance of $75 a day for tji^.use of the contractor's tools. The work was not completed within the time limit and an extension was granted and the allowance permitted to continue. I have only the ordinary information cohoerning building o'peratiohs, but it is niy impiressibh tiiai a pen- alty is imposed iipon contractors who fail to keep to their contracts in the matter of time. But in this ease a reward was' actually paid for the failiire fey tlie pay- Ebmoval Pkoceedings and Investigations 987 ment of a lump sum of' $3i,000, in lieu of $75 a day for the use of 'the tools. This would be a total of $10,500. The first bill introduced in the Legislature provided fp^r the, appropriation of . $350,000 or as much thereof as ,wa^s necessary for constructing buildings and a stockade, providing heating, lighting, water and a sew- age system, and for furnishing, eguipping buildings, .shops and offices. , ,;!,,,,, But the contract provided only for the constmiction ,91 , two prison, buildings, including heating, lighting, plumbing and a stockade. Ninp i4ontiis later the second bill, for. the appropri- ation of $738,000 was introduced. , This bill called .fo;r the completion, equipment and ftirnishing of the north wing of the cell hoiise and for the construction, equip- m;ept and furnishing, of a cage, connecting corridors, laundry and , bath, house, mess hall, kitchen, bakery, storehouse I apd, power house, including lighting, heat- ing, plumbing and a permanent sewage system. The contract ente]:;ed into provided, for the, complet- ing of the north wing of the cell house, for heating and electrical work. The first leqntract was dated June 16, 1909, ^nd the seconcj qontract was dated June 24, 1910; a comparison of the words of the act appropriating the money \yith the pro,v;isions,,pjf, the, contjracts entere,d into, will show t^at the work contracted for did , not include all the work conte^nplated by the measures introduced and passed.., ^ ; , . , , Qn April 9, 1910, Mr. Ware, the State Architect said : " When we got. this appropriation of $350,000 , we attempteid tp proportion this over the work we though;t ,WjB could dp. We figured up quickly the dormitory building, would |Cp^t, ^sp much, the cell 988 Public Papeks op Goveenor Sulzeb house would cost so much, and so muchi for the water supply, using figures furnished, the Lunacy Commission twenty years ago.','' So it appears that Mr. Ware understood tHat the appropriation was intended to cover the cost of at least two buildings. Mr. Ware explained that the con- tractors had been paid $269,000 and that it would cost $125,000 more for the completion of" that portion of the cell house already commenced and also for 'the completion of the dormitory," besides the $81,000 left of the original appropriation. Mr. Ware was also in favor of giving the contractors, if they would consent to an upset price,'the contract for CompTeting the work and building the cage, Mr. McKay, of the Prison Commission, objected to having the work done on a percentage basis because the cost was much greater. Mr. Ware told Governor Hughes that percentage work would cost 10 per cent, more than by lump contract. I think it will be generally agreed th^t this Was a very conservative estimate and that a' 20 per Oent. in- crease would be nearer the mark. It was finally agreed that $175,000 be taken from the a,ppropriation 'of $738,- 000 and that $45,000 of this ainount be used for the plumbing work. At the request of the old Prison Commission, Attor- ney-General O'Malley referred to changes in the plans that the Commission was considering and which would increase the cost of the woi'k. He said that' these chknges had not been contemplated when the ajipropri- atioh of $738,000 was made and then he wrote : "As to the construction 6i the north Wing it seems clear that the Legislature intended that this particular part of the work should, in anj*- 'event, ti;i Eem;qval PboceepiN'Gs , and Investigations 989 be constructed within the appropriation. Your at- tention is called to the fact that the act uses the words ■ ' completing ' and^ ' completion ' when speaking of the north wing and of the buildings already in course of construction. Therefore, there seems to bei no doubt that the north wing must be fully completed, equipped and furnished >>' with the money appropriated by this act. " n'> -. Before the dormitory building was completed it set- tled at one end and fell away from the roof twelve inches. It cost about $41,000 to repair this building. For doing this work the contractor's percentage in- creased from 7 to 10 per cent. " oiuUr. It was the failure in making th6 proper borings that entailed this expenditure. It ''was not known until after the sinking of the building, which occurred on May 3 and 4, 1910, that there was a layer of quick- sand under the site of the dormitory, as well as a bed of unstratified soft blue clay. '19'' "'■l '^[' ' An engineer was employed to ascertain "why the building settled. He made a long report which in- cluded designs for new foundations. He declared that the bed of soft blue clay extended under the entire building. "Only one end of the building settled at that time. Will there'' be other settlements entailing the expenditure of other large sums to correct it? I am strongly of the opinion that this will be necessary. ■''* A great deal of the work in equipping the cell block and dormitory was only temporary when, in my opin- ion, it could have been made permanent if a complete set of plans had been prepared and the entire -prison plant ''contracted for and built. This would have made unnecessary the temporary work and would have re- sulted in a large saving. 990 Public Papers of Goveenok Swlzer' ' I have no special interest in the contracts. - The only thing that interest me is whether the State got the full value of the money spent. I am sure there was much bad work. - i . ' ^ A member of the old Prison Commission assures me that the roof of the cell block is not fireproof; the dormitory is not fireproof and I have no doubt but that the correction of these mistakes will entail a large outlay. The site of the buildings appears to. have been se- lected without any effort 'haying ]^^en made, to ascer- tain whether water could be obtained on the, prison grounds. It cost the State nearly $43,Q06, to bring water into the prison — a distance of two miles. After an analysis it was discovered that the water was, unfit to drink. An artesian well was sunk two hundred fieet east of the dormitory building. The finding of tliis water was an accident. , The total cost for the construction of the north cell block, the dormitory and the equipment, including the repairs of the dormitory, amounted to , $78.7,035.02. The total contract price for building the south; cell block, the cage and connecting corridors, laundry and bathhouse, mess hall, kitchen building, power house, and conduits, with the necessary, equipment amoiint^ to $736,329.04, or $50,705.98 less than for the work of the north cell block and dormitory. Yet ithese , latej contracts call for the construction of buildings which are of far greater value than those erected under the first two contracts. According to the principle keeper of the prison it will cost $100,000 for grading. Evidence given before the Frawley Committee was to the effect that only $5,- Removal Proceedings and Investigations 991 000 haid been spent up to the present time, but there has been very little grading done so far. ^'^'■>- The principal keeper testified before me that the con- struction of 'the building was wrong in every way. Since my report has been so bitterly attacked *t has become necessary to have a ; thorough investigation made by a grand jury and steps in that direction have been taken. »i^t 'i'', • Of course, there are many things in connection with the construction of the building that I do not know* If I knew all about it there would be no need of a grand jury investigation. This investiga>tion ought to discover the reasons for the giving of one contract on a percentage basis with- out an upset price ; whether charges for material and labor were just charges ; whether one contractor had to tear down some i^f the work built by another con- tractor and rebuild Ml why the first contractors got an increased percentage on work that had to be rebuilt ; whether bolts were used instead of rivets ; whether the main' and partition walls are properly constructed, atid all the facts about the iron work. '' ■ ^\' * There are a great many things that have to be proved, and when all the facts are known I believe the public; will agree with me that my statement that the loss to the, State; .was not far from the truth. -m] I Here are ;some extracts from a letter from Mr. Ware dated .November 21, 1910^ to the Prison Commission: -' /' " The excess cost of this work is' due to various' '"•'reasons. In preparing my estimate showing the *»" cost to complete frbm April 1st, I did not allow a " sufficient amount for certain branches of the work ; viz. : ' The cost of laying the front brick work ; in- 992 Public Papebs of Governor Sulzer side carpenter work; cost of laying concrete floors; and plastering and painting. Differences in prices of material and labor Ims also increased' the cost of the work. Some items were omitted from the original estimate, such as sand and gravel, because it was expected that suitable material would be found on the site, but subsequently the beds failed to yield satisfactory material. The amounts allowed for hauling, freight, insurance , charges, other field expenses and miscellaneous .items were insufficient. (Signed) GEO. W. BLAKE, ■ '• Commissioner Appointment of John A. Hennessy as a Special Commis^ sioner to Examine and Investigate the Management and Affairs of any Department, Board, Bureau or Commission Of, the State State of New York — Executive Chamber To All to Whom These Presents Shall Come, Greet- Know ye that pursuant to section 8 of the Executive Law, I have appointed and by these presents do 'ap- point John A. Hennessy, of the city of Albany, to ex- amine and investigate the management and affairs of any department, board, bureau or commission of the State ;pf NeW' York; the said John A. Hennessy is hereby empowered to subpoena and enforce the A,ttend- ance of witnesses, to administer oaths and examine witnesses under oath^ and to require the prodpiction of any books or papers deemed relevant or material: Removal Proceedings and Investigations 993 And I hereby give and grant unto said John A. Hennessy all and singular the powers and authorities which may be given or granted unto a person appointed by me for such purpose under authority of the sl^tute aforesaid. In Witness Whereof, I have subscribed my name to these presents and caused the Privy Seal of the State to be affixed hereto . [l. s.j at the Capitol in the city of Albany this thirty-first day of July in the year of our Lord one thousand nine hundred and thir- teen. (Signed) WM. SULZER By the Governor: Chester C. Platt Secretary to the Governor 32 XI PART 1 PARDONS, COnnUTATIONS, REPRIEVES AND REQUISITIONS XI PART 1 PARDONS, COMMUTATIONS, REPRIEVES AND REQUISITIONS In Relation to William Twiman, Confined in Auburn Prison under Sentence of Death .Appointment of Commission to Examine as to .Sanity State of New York — Executive Chambeb James V. May, M. D. Medical Member of the State Hospital Commission ClIAKLES G. WaGNEK, M. D. > Mediqal, Superintendent of the Binghamton State Hospital John W. Russell, M. D. Superintendent of the Matteawan State Hospital are hereby appointed commissioners to examine William iTwiman now confined in Auburn prison un- der sentence of death, and to report to the Governor as to his sanity at the time of the examination, iu: ac- cordance with the requirements of section 495-a of the Code of Criminal Procedure. GiVen under my hand and the Privy Seal of the State at the Capitol in the city of Albany [l. s.J this eighth day of January in the year of our Lord one thousand nine hundred and thirteen. (Signed) ' WM. SULZER By the Governor : Chester C. Platt Secretary to the Governor ' [997] 998 Public Papees op Gtoveenob Sulzeb Review of Case of William Twimaist by GtOvernor and Eepokt op CoMMissidw, UPON Which the Gov- ERNOK Denies the AtfeldATioN fob the Exercise OF Executive Clemency ; ■ ' r , -■'■.(! m /.< ; State of New York — Executive Chamber ■ ■ i-'-^""' •' February 10, Wir^ In the case of William Twiman, who on January 10, 1910, killed brie Sim6n Burliri^airie, a deputy sheriff of Monroe county, while such deputy sheriff was with a numb^];" of ptker officers iattemp ting to ajrrest Twiman upon a criminal charge. , ; Twiman yi^a§; indicted for qiu^rder in the first degree in March, 1912, and tried at the May term of the Su- preme Court, before Honoraljle Samuel Nelson Sa^vy'ef. In May, 1912, he 'was convicted of murder in the first degree and sentenced by the court to be electrocuted during the week beginning Juljr 7,' 1912. The cksewas appealed to the Court of Appeals/ which acted as a stay and the Court of Appeals on December' 10, 1912, unanimously affirmed the conviction. On December 11, 1912, the' court by order fixed the week beginning January 27, 1913, as the time within which Twiman should be electrocuted. The question having arose as to the sanity of the prisoner a respite was graiited until March 31, 1913, to permit a proper, inquiry to be made. On January 8^il913, by virtue of the authority con- if erred upon me under section 495-a of.the Code of Criminal Procedure, I appointed at Commission, con- sisting of Jam^s V. May, M. D., medical member of the State Hospital Commission; Charles G?. Wagner, M. D., medical superintendent, Biqigh^miton iState* Hospital, and John ,W., Russell, M. D., superintendent, Pardons, , Committatfions, •Be»biev;eSj Etc. 999 Matteawan State Hospital, to examine Twiman and report to me on;tlie question of bis sanity. They have reported to me as follows: > , ■ . i „ (Signed) WM. SULZER Denbal OF Application by Governob ^ Auburn, N. Y., February 5, 1913 To;,;] Ion. William Sul?;er, Governor of the State of New York, Executive Chamber j. Albany, N. Y..\ Sir. — The Commission appointed by Your Excellency January 8, 1913, in accordance with the provisions of section 495-a' of the Code' of ^ Criminal Procedure, to examine into the sanity of Wiiliam Twiman, confined at Auburn State prison under sentence of death, re- spectfully submits the following report : ^ , The Commission met, at Auburn prison on January 23, 1913, at 4 p. m., and was attended by the district attorney of Monroe county, in accordance with the re- quirements of law. The fallowing witnesses were sworn, and testified as to the mental condition^ of the prisoner : George W. Benham, agent and warden ; John Geriii,' prison physician ; Harley E. Hamil, sheriff of Monroe county ; , AUeii P. Tupper, principal peeper of Auburn prison ; John Martin,, guard of Auburn prison ; , , , C. J. Mahaney, guard of Auburn prison ; George J. Durnf ord, gjijard of 4-uburn prison ; Lawrence Donlan,, guard of Auburn; prison. The pj"js(j^er w^s, exan;^in,ed on January 23d, Janu- ary 241;h and February 5, 1913- .The minutes of tlie above, proceedings and examina- tions; are .be^^-ewith appended and made a part of this report. 1000 Public Papees of Govebnoe Sulzeb As a result of its investigations, your Commission finds tljat the prisoner, William Twiman, is sane within the meaning of the statute. Very respectfully, James V. May Chables G. Wagnee John W. Russell The application is denied. (Signed) WM. SULZER Febmary 10, 1913. Hearing in the Matter of Application for Requisition from the Governor of the State of Illinois for Mike Hockman GovEENOK Decides to Gbant the Request fob the Rendition op Hockman Befobe the Goveenoe In the Matter of the Application for an Executive Warrant, against Mike Hockman, upon Requisi- tion from th^ Governor of the State of Illinois Heabing had Januaey 31, 1913 Appeabances : John M. Perry, Esq., representing the district at- torney's office of Kings county in support of the requisition. G. B. Rosenheim, Esq., New York city, of House, Grossman & Vorhaus, in opposition to requisition; It has been urged that aii Executive warrant should not be granted on the following grounds: (1) That the papers were defective on their face; (2) that under the statutes of Illinois, no crime had been committed PABiDdNS, Commutations, Repbibves, Etc. 1001 by defendant; and, (3) that the application was made in bad faith. , After hearing the argument, the Crovernor rendered the following oral decision: , It is conceded that the defendant was in the State of, Illinois at the time the q,lleged crime was alleged to have been committed, and that he is now within the State of New York. I have examined the requisition papers before me, which are duly authenticated by the Governor of ;the State of Illinois and find tlxem to be regular in every respect. A certiiied copy of the indictment is before me, and substantially charges the party demanded with a crime against the laws of the State of Illinois ; and conse- quently, under article IV, section 2 of the United States Constitution and the Revised Statutes of the, United States (§ 5275) it is my duty, as Governor, to honqr the extradition papers and issue my Executive warrant. I am informed that Hockman has sued out a writ of habeas corpus, argument on which will be heard be- fore a justice of the Supreme Court on Tuesday next,. February 4, 1913. The district attorney, now present, assures me that he will take no action upon any war- rant I may issue in this^ matter until the justice renders his decision on said argument. Under such circumstances I shall issue my Executive warrant to-day and have it forwarded in due course to the district attorney of Kings county^ (Signed) . WM. SULZER 1002 Public Pai'eks of. Governor ^ulzeb Concerning the Application of FdJke Engle Brandt for Executive Clemency Pardon by the GtOVeenob - . . State of NeW York^ — ExEcxii'ivfi Chamber ' , . Albany, January 17, 1913 In the Matter of the Application of Folke Engle Brandt I ■ ■■ for Executive Clemency Those familiar with the 'Brandt case are aware of what has taken placei heretofore in connection with the matter and the decisions which have been reached thereon. The record is not in the prisoner's favor. He is not a martyr, and as an individual is entitled to little consideration. I have no sympathy for Brandt, but I have great re- gard for the due administration of 'justice. After all, that is the main thing in this matter. Brandt pleaded guilty in the Court' of General Ses- sions, of the city of New York, to the crime of burglary in the first degree, and was sentenced on April 4, 1907, to thirty yEJa'rs' imprisonment. There is no doubt of •his guilt. He admits it. . ■ - ; Having' carefully examined' the entire ireeordiin the case for the purpose of doing what is right and proper to the people of the State, and to the end that substan- tial justice be done, I havfe reached the conclusion,' after mature deliberation, that Brandt's sentence was ex- cessive-. Brandt is a young man, and has served approxi- mately Six years of his sentence; and if nothing is done for him by the Executive, he will have to remain in prison until half of his maximum term has expired, which would not be until April 5, 1922, at which time he could apply for release to the Board of Parole. PAiEDONSf Commutations, Repeieves, Etc. 1003 It has been decided that the courts are powerless to render 'aid- in this case,' and the only help which Brandt can now get is through the exercise of Executive clem- ency. Brandt has confessed his sins. He has told me the truth. ' He appeals to me for mercy. He gives posi- tive assurances that he will nqt>hereafter offend against the laws,, and: he promises ;tp lea^, an honest, a re- spectable, and an industrious life. I want to, give him a chance to prove tl^e sincerity O:!^ his promises, to, makfi;go®d, and to redeem himself. ,. After much thought and due consideration, in view of all the qirpumstances, I have oome.,to,the^^9pnclusion that by pow pardoning Brandt, I am exercising for thje. be^t interest of tljie people ofijthe State my consti- tutional power in the matter. „,:; ,. „.. ,.^. , ,,, (Signed) .^WM. SULZER Condition Annexed;to the Pardon of Foike Engle Brandt by Governor Sulzer " Subject to the following conditions; upon the ap- plication for this pardon, Folke Engle Brandt as a con- dition of securing the pardon solemnly i promised the Governor that he would not appear in public, upon the, stage or otherwise, in' connection rwith his case, or seek, to gain notoriety by writing the history thereof, or by discussing it in public for pay, or otherwise. He also assured the Governor that whatever statements he had; made ill' writi'Ug'Or otherwise, reflecting upon the char- acter of ajiy person connected with the case, is abso- lutely false ; and as a further condition of securing this pardon, has promised not to repeat such assertions. A violation of either one of these promises will be re- garded as sufficient to revoke this pardon and cause him to be remanded to prison." 1004 Public Papers of GovEEifOB ' Sxjlzek Commutation of Sentence to Vincenzo Mantello, True Name Miantelli State OF New York — Executive Chamber Albany, February 20, 1913 Sentenced Jiine 19, 1911; county of Kings; crime, assatilt second degree ; minimum term, 2 years and 6 nibnths; maximum term, 5 years; Sing Sing prison. Comimited to 1 year 8 months minimum ; 5 years maxi- mum. Recommended by the State Hospital Commis- sloh;' so that he may be deported. This man was received at Sing Sing prison on June 20, .1911. Two months later he was transferred to Dan- nemora State Hospital, his insanity being very ' ap- parent. If Mantello is retained at the Dannemora State Hos- pital to the full extent of his original sentence to Sing Sing prison, the deportable limit will have been ex- ceeded. The State Hospital Commission has been in confer- ence with the Italian Consul and with the superintend- ent of Dannemora State Hospital and the Commission reports that the patient can be properly deported and also that his friends in Italy are willing to receive him if he is returned to their care. Mantello may be deported back to Italy and thus re- lieve the State of his care and maiatenanoe. For the reasons above stated, I have commuted the^ sentence. (Signed) WM. SULZER Pardons, Commutations, Reprieves, Etc. 1005 Commutation of Sentence to William Nicholas State. ,o:|" New Yobk — Executive Chambee ' Albasy, February 27, 1913 William Nicholas, convicted of burglary in the third degree and grand larceny in the second degree; sen- tenced February 23, 1909, to a minimum of 3 years and a maximum of 4 years upon one charge and a minimum of 4 and a maximum of 4 years and 6 months upon the other. Commuted to not less than 4 years and 20 days and not more than 8 years and 6 months. This commutation is granted upon the recommenda- tion of Judge Dike before whom Nicholas was tried and sentenced and also upon the recommendation of the assistant district attorney who tried th« case, stating that he thought the man had received a severe sentence. I referred this case to the Parole Board and under date of February 15, 1913, they reported upon this case. After examining the prisoner they recommended clemency for him and in view of the recommendation of the judge, assistant district attorney and Parole Board, I have deemed it best to modify the sentence, so that a parole may be granted if the Parole Board thirJis proper. (Signed) WM. SULZER Application of John Mulraney for Executive Clemency; Confined in Sing Sing under Sentence of Death Sing Sing Prison, March 15, 1913 To the Honorable William Sulzer, Governor, State New York, Albany, N. Y.: I, John Mulraney wrongfully convicted of Murder of one Patrick McBreen and now waiting the execution 1006 Public Papebs op GtOvebnoe Sulzeb of tbe, df>atla sen|i^ii,ce on Moiiday, March 17, desire to make tMs final statement to your honor and the world at large. It' is true that I haive been convicted of various ^crimes for which I paid the penalty demanded by th^: state, of which I, -^e^s, guilty and had no com- pla-int, tp= ni3,ke,for.I realize the law mupt be enforced. Previous toiantj during the .time I was in prison a sort of code of honor was taught me by those with whom I came in cpntact; and it, was; impressed upon me that a squealer was not, alone the most contemptible >1;hing on earth but also that his ; life would be made: miserable both lin.. and ; out of prison^ ,thisv:is;,a;sort of a, cp(J§ of honor between men unfortunate ;enough to. have ,m.a(ie mistake^ in life for which they are in prison. I having been so in prison had few friends out side of those whom I met .while in prison and when charged with this crime foolishly believing that the people were my f I'iends I adhered to the code, of honor I have men- tioned and thought I was doing a brave act in trying to protect my supiposed. friends by; permitting this in- famous charge to be lodged against me by not giving a true f uU statement of the facts as they were repeated to me by thfe men who ' conunitted this foul murder. I firmly believing it would be impossible to convict me wild was ' innocent of this crime and for that reason made no protest at any thin^ that was done by the police, ^district attorney or court an^ .made no objec- tions .to counsel that .the court assigned to defend me. As a man knowing I must soon meet iny Maker unless rdpi"ieved by you I do not" wish to leave this e^rtli with a criticism , for any one but in all f airnes.s to myself I must state in these final words that I do not believe tljiat the counsel assigned to me did their full duty in protecting liiy intere'st for it is ti'tie that Pakdons, Commutations, Ebpkieves, Etc. 1007 three of the five witnesses were subpoenaed at my trial but for reasons best known to themselves my counsel failed to put them on the stand and I feeling securei in my' innocence and bowing to the advice of my ogunsel permitted the opportunity to pass in which to put in my defense. To show you how sure^ I felt th^^.t innocent man would not be convicted I allowed the man Martin Fay my snpposed friend'who with a man named John Dowling now dead and who were really the perpetra- tors of this crime, to take the Stand and testify that he saw me at a fire near the scene of the murder the night 'it took place thinkilig that he was proving an alibi for himself and 'little dreaming how seriously It affected . me. It was not until I was convicted that I realized that I had become the goat and even in this face of that still believing in the code of honor I have mentioned, I believed this man Fay would come forward and con- fess and exonerate me and foolishly waited until this late hour for telling the true circumstances of this crime as I know them. I am not making this statement in order to jeopard- ize the life of an innbcent person through spite or a desire to cause trouble or desire to punish or cause trouble for any one after I'm gone for I fully realize that I have sufficient sins to atonc: for without com- mitting this additional one for I also realize the fact that this appeal may not be-granted'I am prompted to do this in the hope that Your Honor will listen to and heed the appeal of an innocent man condemned to death and grant me a reprieve of sixty days in order to give those persons who have interested thepiselves in my behalf time to establish my innocence to the satis- f ^ct^pn of Your Honor ^and the state I would not a,sk to , hfl,yp this living death prolonged except for the desire to 1008 ■! Public Papees of Govebnoe Sulzee prove to the few friends I hay* and a dear old mother that although I am a convict I am not a murderer and while I feel that society would not be greatly beiiefited by my, release yet a human life is at stake and I do not believe that the people of this state want to commit murder by executing a poor defenseless and helpless wretch as I without giving me a final chance for life ; the only expense that would be incurred hj granting me this reprieve ^ as I understand it — would be my board for sixty days at the end of which time I would be conipelled to pay this penalty in the event I am unable to prove what I have stated. Of course I fully realize what weight the word of a convict and a man convicted of murder has in the eyes of the public, therefore, I hope and pray you will grant my request in order to let those whose records are clear prove my innocence. While I am not a good Christian yet I have sufficient faith in Grod to believe you will heed my prayer and accept the thanks of one of life 's unfortu- nates and may God bless you. ':■'■ .i Yours in hope JOHN MULRANEY On March 16th, Governor Sui^zee Granted a Respite TO John Mulranby Until the Week Beginning May 19, 1913, and Sent the Following Telegram TO Waeden Kennedy of Sing Sing . (Telegram) Albany, N. Y., March 16, 1913 John S. Kennedy, Warden, Sing Sing Prison, Ossin- ■ ing, N. Y.: I have giranted a respite to John Mulraney until the week beginning May nineteenth, nineteen hundred and Pardons, CoMMt;TATioNs,'RilPBiEVEs, Etc. 1009 thirteen! Will forward the necessary papers to yoii after they have passed the office of the Secretary of State on Monday. (Signed) WM. SULZER Letter to Charles S. Whitman, District Attorney, New York County, Requesting Him to Examine the Statements Contained in Mulbaney 's Letter OP Application State of New York — . Executive Chamber Albany, March 16, 1913 Hon. Charles S. Whitman, District Attorney, New York Cityu: • •Dear Sir : — I have this day granted a respite to John Mulraney, now confined under sentence of death at Sing Sing prison, to be electrocuted to-morrow morning, until the week beginning May 19, 1913. I enclose you herewith a copy of a letter which was received last night by special delivery from the said Mulraney, and as I understand it, this letter has been given great publicity through the press. In view of the statements contained in this letter, and at the urgent request of the friends of this man, I have determined to go slow in this matter and to be absolutely certain that an innocent man will not be electrocuted. I therefore request that you examine the statements made in the letter of Mulraney, and any witnesses which can be produced in his favor and inform me after a thorough examination of the whole matter^ of the conclusion you reach in reference to the same, at your earliest possible convenience. Sincerely yours, (Signed) WM. SULZER 1010 Public Papebs of Gtovbbnoe Sulzer Govebnob's Conclusion That Eecord Contains Noth- ing TO Justify Inteepebence with the Execution OF the Judgment of the Couet in the Case of John Mulbaney State of New Yobk — Executive Chambee Albany, Mai/ 13, 1913 The People of the State of Neiv York against John Mulraney John Mulraney was to have been electrocuted for murder during the week beginning March 17, 1913. On the 16th day of March, 1913, I granted a respite in this case for sixty (60) days to permit Mulraney to submit to a court evidence showing that he was inno- cent of the murder of Patrick McBreen. I based my action in the matter upon a letter which 1 had received from Mulraney, and which had been given wide -pub- licity through the press of i the State, the prisoner claiming that he had been wrongfully convicted of murder. I determined to go slow in the matter and not have a man electrocuted if there was any* possible doubt of his guilt. Hence I directed the district attorney of New York county to make a thorough investigation of the matter and at the conclusion to report to me forth- with concerning the same. Mulraney throughout the proceedings which have been bad has been represented by able counsel, and twelve court days have been exhausted in the examina- tion of witnesses who could possibly throw any light upon the question of Mulraney 's guilt. I am informed by the judge and the district attorney that more than fourteen hundred (1,400) pages of written testimony have been taken, and I cannot do better than to refer Pabdons, Commxitations, Reprieves, Etc. 1011 to the summary presented by the district attorney under his report dated May 7, 1913, where he states the following conclusions : >nt> "In view of the testimony offered both for and against the prisoner my conclusions are as follows : in*' (I) That the prisoner, John Mulraney, was prop- erly convicted of the murder of Patrick McBreen. "(2) That from the present state of the testimony, if a new trial were had, not only could no evidence be offered in the prisoner's favor, but additional facts could be produced which would more closely connect him with the crime. S'-fZ «» u-^n- .n'J ,j?> " (3) That the testimony, offered on behalf of Mul- raney was the result of a conspiracy conceived and engineered by himself to deceive the Governor of the State, from whom he sought Executive clemency, the court, to which he applied for new trial, and the public at large."iViE'l! V^.hm i^ii i\\^\'l ■ Ai^\'- A\ •■ The Honorable Otto A. Ro^salsky, the judge before whom the motion for new trial was made, has furnished me a very carefully prepared and exhaustive opinion of the matter, in which he denies the application for a new; trial and states that " he ^hasirecognized the seriousness of the defendant's applicationyand has carefully examined about forty witnesses called by the people and the defendant in order to ascertain whether justice had miscarried, the proceedings occupying twelve days and over fourteen hundred pages of testi- mony being taken. Upon the entire case I unhesitat- ingly reach the conclusion that the defendant is not only the person who shot McBreen, but that his appli- cation for a new trial is without merit. " ')V' * 1 In view of the' careful examination and the thorough- ness withiwhich it has been conducted by the judge and 1012 I Public Papers of Govbbnok Sulzbb the district attorney, and in view of the fact that Mul- raney not only committed perjury himself, but sought to have others, and did have others, • commit perjury in his behalf, I. have reached- the conclusion that there is nothing; in the record whatever, that would justify me in interfering with the execution of the judgment of the court. (Signed) WM. ^ULZER Relative to the Case of William Lingley, alias Harry Miller, etc., Confined in Sing Sing under Sentence of Death Govbbnok's Conclusion' Not to Interpeee Statb of New Yobk — Executive Chambeb Albany, April 9, 1913 People of the State of New York against William Ling- ley, alias Harry Miller, alias " Big Bill " William Liiigley, alias Harry Miller, alias Big Bill, was convicted of murder in the first degree June 7, 1912, he being implicated in the killing of Patrick Burns, a keeper of a liquor salooii in the borough of the' Bronx, and sentenced to be electrocuted during the W6ek beginning July 15, 1912. Case appealed to the Court of Appeals and affirmed by the court with an opinion written by Judge Willard Bartlett February 25, 1913. The Court of Appeals by order fixed the Week beginning April 14th as the time during which the sentence shoiild be carried into effect. After a careful examination of the evidence in this case, I have reached the conclusion that there was no ground upon which I would be justified in interfering with the execution of the judgment of the court. (Signed) WM. SULZER Paedons, Commutations, Reprieves, Etc. 1013 GoVERNOE Grants Respite to William Lingley Until Week; Beginning May 5, 1913, Application foe Re- argument in the Case Having Been Made State op New York — Executive Chamber , Albany, April 12, 1913 Governor Sulzer to-day granted a respite in the case of /William Lingley until the week beginning May 5, 1913. The attorney for Lingley on April 10, 1913, filed with the Court of Appeals an application for a rear- gument in the case. The Court of Appeals being in re- cess anid not to nae^t until the 14th instant, the week during which Lingley was to be executed, the Governor after careful consideration determined to grant the res- pite until the question involved could be determined by the court. (Signed) WM. SULZER The Court of Appeals Having Denied the Motion FOR RiEargument of the Case of William Lino- . LEY THE Governor Refuses to Further Interfere WITH THE Execution of the Judgment of the ..,; Court, i,-, ■ State of New York — Executive Chamber Albany, April 29, 1913 On April 9, 1913, I denied the apiplicatioh made if or Executive clemency in the case of William Lingley, alias Harry Miller, alias Big Bill, -w^ho was to have been electrocuted during the week beginning April 14, 1913. On April lO, 1913, application was made by the attorney for Lingley to the Court of Appeals for a re- 1014 Public Papers of G-ovSBnob Sulzeb argument of the case. For the purpose of permitting the court to pass upon the question I granted a res- pite until the week beginning May 5, 1913. I have been informed to-day thgit the Gourt .of Appeals has denied the motion for reargument, and I refuse to further interfere with the execution of the judgment of the court. ' ' / - * (Signed) WM. SULZER Case of Raeffele Ciavarella, Confined in Auburn Prison under Sentence of Death Conclusion OP Govkrnor not to Interfere w'lis the EXECUTIOI^ OFTHE JuDGMENi OF THE COUiii State of New York — Executive Chj^mber Albany, May 7, 1913 The People of tlie State' of ^ew York against Raeffele Ciavarella Eaffele Ciavarella convicted of murder in the first degree by a Verdict of the jury in the Trial Term of the Supreme Court on January 31, 1912, for the murder of Robert Lockridge in the city of Oswego. Sentenced to be electrocuted at Auburn prison dur- ing the week commencing' March 17, 1912. Case ap- pealed to the Court of Appeals. Affirmed by that court without opinion on April 1, 1913, all the judges con- curring. Order of the court fixing the time within which the sentence of death shall be carried into effect, within the week beginning May 19, 1913. After careful consideration of the evidence in this case, I have reached the conclusion that there was no ground upon which I would be ju^ified.in interfering wiih the execution of the judgment of the court. ^ i , (Signed) WM. SULZER Pakdgns,:Gomm;ijtations, Reprieves, Etc. 1015 Rejpoet op Commission Appointed, to Bjca-mine into the Mental ■ Condition of , Raefeele Ciavakella, Un- der Sentence of Death at Auburn Prison State of New York — Auburn Pbison GEORGE W. BENHAM, AGENT AND WARDEN Auburn, N. Y., May 13, 1913 Hon. William Sulzee, Governor of the State of New York, Albany, N.Y.: '''' , Dear, Sir.— We wish to report that, in accordance with your instructions trahsinitted to us on May 12, 1913, l^y Hon. Owen L. Potter, (Jrovernor's representa- tive in pharge of the office of Superintendent' of State Pri^op^s, we have made an examination into the mental Qoiiditioh of Raffele Ciaverella, now under sentence of death at Autjurn prison.' A transcript of the examina- tion, which includes , the examination of the prisoner, the testimony of the prison physician, and Dr. L. F. O'Neill, of the city of Auburn, N. Y., who had also ei- aminecl the prisoner, and the guards who have had charge of hirh,' will be forwarded to you at a later date. As a result of bur examination and investigation, we are of the opinion that the prisoner 's present men- tal condition is a temporary emotionaV disturbance caused by his fea,r of the impending electrocution, and that he IS not. insane within the meaning of the statute. Verjr respectfully, (Signed) JAMES V. MAY Medical Member, State Hospital Commission ,, (Signed) CHAS. W. PILGRIM Superintendent Hudson State Hospital 1016 PtJBLic Papers ot Governor Stjlzee G-OVERNOR EeFUSES TO FURTHER INTEKFERE IN THE 'EX- ecution op the judgltent of the coukt ' State of New York — Executive Chamber Albany, May 15, 1913 The People of the State of New York against Raeffele Ciavarella On May the 7th instant I announced my decision in this case, and then started that I could not see ^my way clear to interfere with the execution of the judg- ment of the court. . Within two days thereafter the attorneys for the defendant requested that I grant a hearing in the mat- ter. I did so and this day have heard at length both the; attorneys for the defendant and the district at- torney of Oswego county. ■ The only question raised by the defendant's attor- neys is the sufficiency of the identification of the pris- oner as being the man who committed the crime. That question was involved in the trial of the case before the jury and they determined it against the defendjant.. It was also involved in the case before the Court of Ap- peals and they unanimously affirmed the judgment of the trial court, , The experts heretofore appointed by me to ex.amine the mental condition of the prisoner advise me that he is sane, and in view of the findings of the jury, the judgment of the courts, and all the surrounding circum- stances of the case I am constrained to refuse further to interfere in the matter. (Signed) WM. SULZER Pabdons, Commutations, Reprieves, Etc. 101.7 Relating to the: Extradition of Bernard Hauslinger from ■>'Hl' i'»l'iil '»i( the State of Illinois ,i7/ .1 i.'l1'> r ■ u:. . >,.,■ ,.'•^f District Attorney's Office — County of New York Charles S. Whitman, District Attorney * ij.^^ March 8, 1913 ^y Hon. William Sulzer, Governor of the State of New York, Albany, N.Y.: ' ,^ ,' On January 2d, at my request, you issued a requisi- tion on the Governor of Illinois for tlie rendition to this State of Bernard Hauslinger as a fugitive from justice. This requisition was honored by the Governor of Illinois, and the fugitive was arrested under the warrant issued by him. ^ rxnu jb'it Upon such arrest the fugitive sued out a writ of habeas corpus, which was returnable before 'Judge Foelbof the Superior Court in Chicago, ^i The attor- ney for the fugitive confined his attack on the pro- ceedings to the fact that your requisition was certified under the privy seal of the State, instead of under the great seal. Such certification has been the uniform custom in this State in the past, and, so far as I am aware, has never been successfully questioned any- where excepting . in Illinois. Judge Foell, however, being of the belief that the great seal of the State was required, sustained the writ and discharged the pris- oner. There is no appeal in the State of Illinois from the decision of a judge sustaining a writ of habeas cor- pus, and it is impossible to review Judge Foell 's deci- sion in any way. I am informed by the State 's attorney of Cook county, Illinois, that he understands there have been several other cases in the past where the relator on a habeas corpus writ has been discharged in that county 1018 Public Papbes of GtOVErnok -Sulzer for the same reason. Undoubtedly in ihe future every effort will be made to make returnable before Judge Foell writs of habeas Qorpus sued out by fugitives frona this State, arrested as such in Chicago, and the Judge will, I assume, follow the ruling he has made in the Hauslinger case. While I am personally of the opinion that the ruling^ is erroneous and that the privy seal aiid not the great seal of the State is the proper one to appear upon ex- tradition requisitions, I write to infotm you of the above facts in order that yom may consider whether, in view of Judge Foell 's decision and the impossibility of reviewing the same, it may not be desirable to so alter the form of requisition to be made by you in your future extradition proceedings that it shall be( issued under the great (seal of the State, instead of the privy seal. I am of the impression that this is the practice in other States, an impression which I think an exam- ination of the requisitions issued by the Executives of other States and contained in your Executive files will confirm. ^y- .. ,,j. „ Yours very respecttully, CHAELES S.WHITMAN District Attorney By IsibOR WASSEWOGEt, Acting District Attorney Pardons, Commutations, Reprieves, Etc. 1019 State of New York ^^ Exequtivb Chamber Albany, March 10, 1913 Uon. Chaples S. Whitman, District Attorney^ New York City: Dear Sir. — I am in receipt of your communication of the 8th instant and have carefully considered the matter to which it refers and have determmed to place it before the Governor of- Illinois for his examination, investigation 'and consideration. I enclose h-erev^^ith a copy of the letter which I have sent to Governor Dunne. Very sincerely yours, (Signed) WM. SULZER State of New York — Executive Chamber '' ' .■ ■• ■ Albany, March 10, 1913 Hon. Edward F. Dunne, Executive Chamber,. Spring- field, lU.r My Dear GoVEKiTOR Dunne.— On January 2, 1913, I forwarded to you papers from the district attorney of New York county, for the return to this State of Bernard Hauslinger,, charged by indictment with grand larceny in the first degree. My understanding of the situation is that these papers were honored by you and the prisoner arrested under your warrant. Thereafter a writ of habeas corpus was issued, returnable before Judge Foell of , the Superior Court of Qliicago. The attorney for the fugitive cq^^i^ned his attack on the pro- ceedings to the fact that the requisition of the State of Kew York was issued under the privy seal of the State, instead of the great seal. I am inJqrined that the judge 1020 Public Papebs of G-ovebnoe Sulzeb held and ruled this Sufficient reason for the discharge of the prisoner. I desire to inform you that the practice in New York State has always been u^pdri requisition papers j that they were issued under the signature of the 'Gov- ernor, attested by his private secretary under the privy seal of the State. I respectfully call your atten- tion to Moore on Extradition and Interstate Rendi- tion, volume 1, pages 346, 347. It seems to me that, the discharge of this man was wrong and I desire to call it to your attention, for such consideration, investigation and examination as you deem proper. ;,, , , i , , With best wishes, believe me as ever. Very sincerely your friend, (Signed) WM. SULZEE Albany, N. Y., March 21, 1913 Cobbespondence Between Goveenoe Dunne, at Illi- nois, AND Goveenoe Sulzee, of the State of New Y0EK,,IN EeFEEBNCE TO EeFUSAL OF JUDGE FoELL, OF Chicago, to Honor a Eequisition of the State OF New Yobk State of Illinois ^ Executive Depaetment Edwaed F. Dunne, Governor Speingfield, March 15, 1913 My :Dear Goveenoe : Yours of the tenth instant readied ttie'for considera- tion to-day. You will note from the record that I honored your requisition. The validity of the habeas corpus proceeding was attacked in the Superior Court in Chicago. Of course, we must admit that the judicial PaKDONS, OoMMtTTATIONS, REPRIEVES, EtC. 1021 department of the Government is absolutely independ- ent of tlie Executive if it d,cts within its jurisdiction. All I can do on this matter is to send to Judge Foell a, copy of District Attorney Whitman's letter V> you and of your letter to me, inform him of the gravity of the situation and urge him to look carefully into the matter, and on all future decisions be certain he is right. , With best wishes for your success, Very truly yours, (Signed) E. F. DUNNE Honorable WiijLiam Sulzee, Governor of New York, Albany, New York. State of New York — Executive Chamber Albany, March 21, 1913 Hon. Edward F. Dunne, Executive Department, Springfield, III.: ' , ■ My Dear Governor. — Your letter of March 15th, duly received, and I would inform you that this is the first time in the history of New York State, so far as I know, where a requisition riegularly issued' and honored by any Governor has been denied for the reasons stated by Judge i'oell of the Superior Court of Chicago. I regard this situation as a very serious one for the State of New York, and trust that I may have an explanation from Judge Foell ithl"6ugh you, in refer- ence to this niatter, which will relieve the situation of a like occurrence upon future cases. With best wishes, I am. Sincerely yours, (Signed) WM. SULZER 1022 Public Pafees oj? GoviBBiiroB Sulmek Relative to the Request for the Extradition from Holland of ^Yi^iam Marines£>en Telegram from Alvey A. Adee, Acting Secretary of State, in reference to the case of 'William Marinessen: ' ' Washington, D, .C, March 19, 1913 " Governor of New Yoek, Albany, N. Y.: " Eef erring to your telegram of March sixteenth. Netherlands government states that Marinessen being of Dutch nationality cannot under the provisions of our naturalization treaty be extradited but can be prosecuted in Holland for the crime. If such prosecu- tion is desired detailed particulars regarding nature of murder and evidence should be telegraphed at once, to be followed as early as possible by documentary evidence. Alvey'A. Adee, Acting Secretary of State." GrovEENOE Sulzee's Telegeam to the Disteict At- , ! TOENEY OF SXTFFOLK CoUNTY Albany, N. Y., March 20, 1913 Hon. Ralph C. Geeene, District Attorney, Sayville, N. Y.: I am in receipt of the following telegram from the Department of State at Washington: " Referring to your telegram of March sixteenth. Netherlands gov- ernment states that Marinessen being of Dutch nation- ality cannot under the provisions of our naturalization treaty be extradited but can be prosecuted in Holland for the crime. If such prosecution is desired detailed particulars regarding nature of murder and evidence should be telegraphedi at once, to be followed as early Pakdons, Commutations, Reprieves, Etc. 1023 as possible by documentary evidence. Alvey A. Adee, Acting Secretary of State." . I request that you immediately investigate and de- termine whether William Marinessen was ever na,tural- ized as a citizen of this country or ever declared his intentions to be /naturalized and after such investiga- tion forthwith inform me of the result thereof. (Signed) WM. SULZER In Relation to Michael Qoslinski, Cotifined in Auburn Prison Under Sentence of Death Opinion op the GtOveknok that He Would Not Be Justified in Interfering with the Execution of ilate Judgment Opinion of Governor in Casj! of Michael Goslinski St^te op New York — Executive Chamber Albany, May 22, 1913 The People of the State of New York against Michael Goslinshi Michael Goslinski wa;s convicted of murder in the first degree in December, 1912, for having killed, in the city of Buffalo, on the 19th of November, 1912, a member of the police force of that city. The case was appealed to the 'Court of Appeials, and on the 15th day of April, 1913, the court unanimously affirmed the verdict of the jury, and the judgment of the trial court. Thereafter, on the 16th day of April, 1913, the Court of Appeals by order fixed the wefek beginning June 2d next, as the time within which the sentence of the court should be carried intb effect. 1024 Public Papers of Goveknoe >Sulzbb r have carefully examined and considered the tes- timony and all the surrounding circumstances in this case, and after deliberation I am convinced that I would not be justified in interfering with the execu- tioti of the judgment. (Signed) WM. SULZER Case of Qregorio Patini, Confined in Sing Sing Prison' Under Sentence of Death Governor Concludes Not to Interfere with the Ex- ecution OF the Judgment of the Court State of New York — Executive Chamber Albany, May 27, 1913 The People of the State of New York against Oregorio Patini Gregorio Patini was indicted on December 23, 1910, charged mth murder in the first degree, for having, by use of. a shotgun, caused the deatli of Pasquale Vasta on December 18, 1910. He was placed on trial January 23, 1911. The trial being concluded on January 26, 1911, he wa^ on the same day sentenced to death. The case was appealed to the Court of Appeals and on April 15, 1913, the case vyas decided by the Court of Appeals, five judges con- curring in the opinion, two judges dissenting. The dis- sent, however, was on a teclmical question of law and did not involve the question of the guilt of the defendant. On May 26, 1913, on the application of the attorneys for the defendant, I granted a hearing and heard the defendant's attorneys at length, together, with others Pardons, Commutations, Eepkieves, Etc. 1025 appearing in Ms behalf. The district attorney of West- chester county opposed executive olemehoy. ■ Having carefully examined and considered the tes- timony and air the surrounding circumstances ill this case, and also all of the- statements made to me on the hearing, I am convinced that I would not be justi- fied in interfering with the execution of the judgmeiit of the court. (Signed) WM. SULZEE In the Matter of the'Application for the Exercise of Ex- ecutive Clemency for Benjamin Rosenthal GoVeenok's Conclusion That a Paedon Should be Geanted State of New York — Executive Chamber Albany, May 27, 1913 Benjamin Eosenthal pleaded guilty of receiving stolen copper wire and was sentenced to two months ' Imprisonment iii the Monroe county penitentiary. This is a celebrated ca:se. It has been strongly con- tested in all of the State courts, and in the Supreme Court of the United States,' on the ground that the law was unconstitutional. ' ' EoSenthar pleaded guilty to the crime charged, by the' advice of counsel who believed that the statute under which the conviction was had was unconstitu- tional. This question has beien determined against him in all the courts. Executive clemency in this case has been strongly urged and recommended by both the district attorney and the county judge of Monroe county, and many prominent citizens of the city of Eochester. 33 1026 Public Papers of Goveknoe Sulzek In view of the fact that the conviction took place in December, 1908, and the man has contested the matter through the State courts and the United States Su- preme Court, and the strong recommenda,tions for clemency made in this case, I have reached the conclu- sion that the man has been sufficiently punished and haye determined that a pardon sihould; be^ granl^ed. (Signed) WM. SULZEE In the Matter of the Application for Pardon of John W. Sniffen, Sentenced to Elmira Reformatory GovEKNOE Decides the Case to be a Peopee One fob THE ExEECISE OF EXECUTIVE ClEMEKCY Albany, July 10, 1913 John W. Sniffen, sentenced to the Elmira Reforma- tory in February, 1913, for larceny in the second de- gree. A pardon recommended by the district attorney qf Greene county, and by many prominent citizens of that county. Not opposed hy the judge who sentenced the prisoner and who states that it is pecijliarly a case for the determination of the Governor upon the facts. "After a very careful consideration of all of the facts and surrounding circumstances in this case," said Governor Sulzer, ' ' I have determined that it is a proper one for executive clemency, and have therefore granted a pardqn. " Paedons, Commutations, Reprieves, Etc. 1027 In Relation to the Case of Antonio Africano, Confined in Auburn Prison Under Sentence of Death Recommendation of Agent and Warden, C. F. Ratti- GAN, Which is Concurred in by Thomas C. Saw- yer, M. ]j., XcTiNG Prison Physician, That a Com- mission be Appointed to Examine as to Sanity of Africano Auburn, June 11, 1913 Hon. William Sulzer, Governor of the State of New York, Albany, N. Y.: Dear Sir. — Our acting prison physician, Di". Thomas C. Sawyer, reports to me that he has grave doubts as to the sanity of Antonio Africano, who is under sen- tence of death during the week of June 23d. The man has developed a suicidal mania, and I am convinced that a commission should he appointed to pass on his case. Dr. Sawyer reports that he has well marked hallucinations and delusions, and he feels that the formal examination is absolutely necessary at once. I had previously referred the matter to the superin- tendent, and by his direction I am making formal ap- plication to you. Very truly yours, C. F. RATTIGAN, Agent and Warden I concur in the above reGommendation. Thomas C. Sawyer, M. D., Acting Prison Physician Governor Complies with ^-Pove Recommendation and . Appoints Commissio^t In view of the request of the warden of Auburn Prison and the acting prison physician, I have ap- 1028 Public Papers of Govebnok Sulzeb,- < r pointed Dr. James V. May, the medical member of the State Hospital Commission, and Dr. Charles W. Pil- grim, medical superintendent of the Hudson Eiver State Hpspital at Poughkeepsie, to examine into the question of the sanity of Antonio Alfricano and to re- port to nie forthwith at the earliest possible date. (Signed) WM. SULZER Repobt of Commission Appointed to Examine as to Mental Condition of , Antonio : Afeicano, upon Which the Governor GrRANTft a Respite of Ninety Days : ^ , Auburn, N. Y., June 13, 1913 Hoh. William Sulzer, Governor of tJie State of New York, Executive Chamber, Albany, N. Y.: Dear Sir. — In accordance with your instructions, under date of June 12, 1913, we beg leave to submit the, following report of our examination of the mental con- dition of Antonio Africano, now under sentence of death at the Auburn State Prison. This examination was made on June 13, 1913, and in- cluded an interview of Dr. Thomas C. Sawyer, prison physician; the prisoner was also examined, as were the following guards who have had charge of him: John Martin, Lawrence Donlin, George Durnford, Charles Mataney, William O'Neill. As a result of our examination we are of the opinion that the prisoner is at the present time insane within the meaning of the statute, aind is suffering from a form of mental disturbance which may possibly be of a tem- Paedoks, Commutations, Repbieves, Etc. 1029 porary character. This can only be determined by further observation of the case. A copy of the stenographic report of the examination of the prisoner, and of the other persons above men- tioned, will be transmitted at as early an opportunity as possible. JAMES V. MAY, Medical Member State Hospital Commis- sion. CHAS. W. PILGRIM, Medical Superintendent Hudson River State Hospital. In view of the facts stated in the telegram and let- ter, I have this day granted a respite for ninety days in this case, so that there may be an additional ex- amination as to this man's mental condition. XI PART 2 PARDONS, COMMUTATIONS, REPRIEVES AND REQUISITIONS (Extraordinary Session) XI PART 2 PARDONS, COMMUTATIONS, REPRIEVES AND REQUISITIONS (Extraordinary Session) Case of Andrea Manco, Confined in Sing Sing Prison Un- der Sentence of Death. Governor Concludes not to Interfere State of New Yoek ^ Executive Chambek Albany, June 23, 1913 People of the State of New Yorkqgainst Andrea Manco Andrea Manco was indicted in Orange county , on October 22, 1912, charged with murder in the first de- gree, for killing with a pistol on the 22d day of Sep- tember, 1912, in said county, one Paolo CappanfeUo. The defendant was placed on trial under an indict- ment for murder in the first degree before Mr. Justice Tompkins and a jury at Nfewburgh, December 11, 1912, and convicted of the said crime on that dayj On December 12, 1912, he was sentenced to death during the week commencing January 27, 1913. The case was appealed to the Court of Appeals and on May 13, 1913, the court unanimously affirmed the judg- ment of the trial court, and by order fixed the week be- ginning June 30, 1913, as the time within which the sentence should be carried into effect. Application has been made to me for a commutation of this sentence by the defendant's attorney. Having carefully examined and considered the tes- timony and the application for a commutation of th« [loas] 1034 Public Papers of Goveenob Stjlzeb sentence, and all the surrounding circumstances in the case, I am convinced that I would not be justified in interfering with the execution of the judgment of the court. .- ; : v^ . ; ■ . . : ; r ' ' ,. '. ■ : , ^ .' ' (Signed).. ', WM. SULZER Report op CoMMissiois' and DBCisioisr of Governor State of New York — - Executive Chamber Albany, June 2S, 1913 Matter of Andrea Manco, who is to be electrocuted at Sing Sing Prison during the week beginning June 30, 1913. " Sing Sing Prison, " OssiNiNb, N. Y.,June 27, 1913 "Hon. William Sulzee, Governor, State of New- York, Albany, N. Y.: ' ' Dear Sir. — In compliance with instructions re- ceived from Hon. Owen L. Potter, we have to-day ex- amined Andrea Mancp, now confined in Sing; Sing Prison under sentence, of death, and ais a result of our examinatioji,:. certify that in our opinion he is sane within the meaning of the statute. He is a man of in- ferior mental makeup, .and is at present frightened and hysterical over his impending fate. The symp- toms which he now presents do not conform to any form of insanity with which we are familiar, and in our judgment, are assumed for the purpose of prevent- ing his electrocution. " The statements of Drs. C. W. Farr and H. E. Me- reness, Jr., Guards Frank L. Hurling and Barney Simmons, Father Cashin, the Catholic Chaplain, James F. Wilson (prisoner.No. 59596) and his wife, Mrs. Paedons, Commutations, Repejeves, Etc. 1035 Marie Manco, were taken stenographically, and will be transjnitted later. "(Signed) CHAS W. PILGRIM, " Med.jSupt. Hy,^s()fi River State Hospital' ' ' ( Signed) ISH AM G. HARRIS, " Med. Supt. Mohansic State Hospital." ,,,In view of the above report, I, decline to interfere with the, sentence of the court. (Signed) WM. SULZER Statement by Governor in Commuting the Sentence of Rafael Toledo July 1, 1913 Rafael Toledo ' convicted in 1911 of subornation of perjury and sentenced to Sing Silig Prison for a min- imum term of two years and six months and a max- imum term of six y^ars aind six months; commuted to two years, one month and twenty days from May 10, 191i: Granted on the application of the Colombian Con- sul-General at New York, who writes and informs me that if this man's sentence is commuted, he will see that he is deported back to his native country. Also the prison physician reports that this man is mentally very unstable and presents many hysterical and neurasthenic symptoms. For these reasons, I have detefmiried that a com- mutation of the sentence was justifiable, and I have annexed as a part of the conditions of such commuta- tion, that the said Rafael Toledo be deported back to the Republic of Colombia,' - In case he is not so de- 1036 Public Papees oi* Goveenor S'ulzee ported, the'n this commutation to be' null and void and he shall be returned to the prison from which released, to serve out the balance -of his unexpired sentence. (Signed) WM. SULZER ^^ -Au^; ^ Case of Anthony W. Grace, confined in Sing Sing I^risbn, Under Sentence of Death. Conclusion of the Gov- ernor not to Interfere State of New Yobk — Executive Chambbb ,, , Albany, July^ 16, 1913 People of the >8tat&'.of New. York against Anthony W. Grace ■ Anthony W. Grace was indicted pn the 23d dsijoi October, 1912, by ,the,,grand jury of, Orange county, for the crime of murder iji the first degree, for killing with a cleaver his brother, John Grace. , j.Theidefendant was tried in the Supreme Court in the county of Orange, and convicted of murder in- the first degree, on)the 10,th day of .Deceniber, 1912. He was sentenced to be electrocuted during the; w^eekj b.e; ginning January 27, 1913. The case was appealed to the Court of Appeals, and that court on June 20, 1913, affirmed the decisiipn of the trial court and jury. ,., , ,/ . The court by order fixed the week beginning August 4,1913, as the time for; the carrying into effect of the sentence. Judge Tompkins who presided at the trial, said to the jury: " Gentlemen, the Court wants to thank you for the manner in which you have discharged your PAKDON'g, OoMMUTAiioiTs, Repkievesj Elc. 1037 duty in this ease. No other verdict could have been rendered under the evidence. " After . a, careful examinationj of , jaJJ the surrounding f a(^ts and circumstances in the case, I have reached the conclusion that there is no ground upon which I am justified in interfering with |th&, execution of .the judg- ment of the court. (Signed) WM. SULZER Case of Alexander Skwirsky, Conflned in Sing Sing Prison, Under Sentence of Deatli COBRESPONDENCE,' RePOET OE, COMMISSION' ANP GoV- eknoe's Oedeb fob Removal, of ^s:wiesky to DAiNr NEi^OEA Sta,t:e Hospital FOB THjE, Insane -r ■ •■' ■' -i:- .' ■ '• ■ ■ ' :■■" July 21,^918 •■ Governor Sulz;er ha^ received, the following corre- spondence in regard to 'the case of Alexander Skwir- sky, who is now confined in Sin^ Sing Prison, under sentence of dieath. State of New Yobk — Peison Depaetment Albany, July 21, 1913 Hon. William Sulzee, GO'OeVnof, Albany,' N. T.: Bbae Sib. — I beg to enclose herewith letter frdm Jaines M. Clancy, agent aind warden of Sing Sing* Prison, together with a tejiort by Charles W. Farr, physician at Sing Sing Prisb'n; regarding the question of the insanity of Alexander Skwirsky, now confined at Sing Sing Prisoh^ under Sentence of death, for your 1038 Public Papebs of GovsiBEroE Sulzbb consideration and such action as you deem advisable in the matter. Very truly yours (Signed) JOHN B. EILEY, Superintendent. State of New York — Sing Sing Prison OssiNiNG, J%ily 19, 1913 Hon. John B. Riley, Superintendent of State Prisons, Albany, N. Y.: Deab Sib. — I am forwarding you herewith, for such action as you may deem proper, report of Dr. C. W. Farr, prison physician, as to the condition of one Alexander Skwirsky, now an ininate of the condemned cells of this prison. This man has upset to a great degriee the other in- mates of the condemned cells, and I would respectfully ask your early attention to this matter. Very respectfully, (Signed) JAS. M. CLANCY, Ageni and Warden. State of New Yoek — Sing Sing Pbison QssiNiNG, N. Y., July 19, 1913 James M. Clancy, Esq., Agent and Warden: Deab Sib. — In reply to your inqiiiry of present date regarding mental condition of Alexander Skwirsky, now an inmate of the condepaned cells, I. wish to state that he has been under careful observation ever since his admission. Skwirsky is markedly defeptiye men- tally and in addition is an epileptic. He has had nu- Pakdons, GOMMUTATioirs, Reprieves, Etc. 1039 merous seizures since lie has been here. Following each seizure he has a period of a da;y or t^vo in which he is quite confused, dazed and at times becomes noisy. In these cases it is not unusual for a progressive mental deterioration to appear and terminate iii time epileptic insanity. In the case of Skwirsky it is quite likely that a definite insanity will appear before the time set for his execution. In all similar cases it has been usual to ask the Grovernor to appoint a commis- sion to examine the man in the death house who pre- sented evidences of insanity. I hereby suggest that this case be referred to the Governor for his action. Respectfully, (Signed) ' CHAS W. FARR, Prison Physician. In accordance with the facts contained in the fore- going communications, Grovernor Sulzer on this day appointed a commission to examine Alexander Skwir- sky, and report to him as to his sanity at the time of the examination, consisting of the following persons : James V. May, M. D., Medical Member of the State Hospital Commission; Charles W. Pilgrim, M. D., Medical Superintendent of the Hudson River State Hospital; and R. F. C! Kieb, M. D., Medical Superintendent of the Matteawan State Hospital. State of New Yokk — Executive Chamber Albany, August 1, 1913 In the Matter of Alexander Skwirsky Alexander Skwirsky was convicted of murder in the first degree in New York counity, and sentenced to be 1040 Public Papebs of Goveknok Sulzbb executed during the week beginning May 5, 1913. The execution stayed by an appeal to the Court of Appeals. On July 21, 1913, under the provisions of section 495-.a of the Code of Criminal, Procedure, I. appointed a commission consisting of Dr. James V. May, Mefiical Member of the State Hospital Commission, Dr. Charles W. Pilgrim, Medical Superintendent, Hud- son River State Hospital an(i Dr. E. F. C. Kieb, Med- ical Superinte:^dent, Matteawan State Hospital, to ex- amine the mental condition of the convicted man. .,: The commission under date of July 31, 1913, have reported as follows : State of New York — Sing Sing Prison Ossini'ng, July 31, 1913 Hon. William Sulzek, Governor of the State of New York, Executive Chamber, Albany, N. Y.: SiE.— The undersigned commission appointed, un- der date of July 21, 19l3, for the purpose of examin- ing into the mental condition of Alexander Skwirsky, a condemned prisoner at Sing Sing Prison, in accord- ance with the provisions of section 495-a of the Code of Criminal Procedure, respectfully submits the fol- lowing report: The prisoner, was examined on July 31, 1913, and the following w,ijl;ne:sses were heard: James M. Clancy, Agent and Warden; Charles W. Farr, Prison Physi- cian ; James Conpaughton, Principal Keeper ; Henry P. Thacker, Guard; Frank L. Herling, Guard. A complete report of the examination will be sub- mitted on a later date. As a result of the examination of the prisoner and the testimony given by the various witnesses men- Pakdons, Commutations, Eepkieves, Etc. 1041 tionedj your commission is of the opinion that the pris- oner is insane within 'the meaning of the statute. Respectfully, JAMES V. MAY, Medical Meniber State Hos- .^' pital Commission, CHAELE3 M- PILGRIM, , , S.yiperinten4e,nt < Hudson Rivex State Hospital, , RAYMOND P. C. KIEB, ■ ' Superintendent Matieawan . , State Hospital. In view of the report of the cohimissioh, I have, by virtue of the ', authority conferred upon me, ordered the removal of the said Alexander Stwirsky to the Dajiinemora St^-te Hospital for Insane Convicts, there to remain until restored to Ms right mind. (Signed) WM. SULZEE The Governor's Order State of New Yokk — Executive Chambee Albany, August 1, 1913 Dr. James V. May, medical member of the State Hospital Commission, Dr. Charles H. Pilgrim, Medical Superintendent of the Hudson River State Hospital and Dr. Raymond F. C. Kieb, Medical Superintendent of the Matteawan State Hospital having been ap- pointed by me on July 21, 1913, to examine Alexander Skwirsky now confined in Sing Sing Prison under sentence of death and to report to me "as to his sanity 1042 Public Papers of Govebnor Sxjlzeb at the time of the examination, the commission having made such examination and reported July 31st, the facts to me, with their opinion thereon that the said convict is insane within the meaning of the statute, and it appearing to my satisfaction that the said con- vict is now insane, Now, therefore, 1, WilliamSulzer, Governor of the State of New York, pursuant to the statute in such case made and provided, do hereby order the re- moval of said Alexander Skwirsky, so found insane to the Dannemora State Hospital for Insane Convicts, there to remain until restpred to his right mind. Given under my hand and the Great Seal of the State at the Oapitol in the city of Albapy [l. s.] this first day of August in the year of our Lord one thousand nine hundred and thir- teen. (Signed) WM. SULZER Attest : Jose E. Pidgeon, Second Deputy Secretary of State XII PART 1 MISCELLANEOUS XII PART 1 MISCELLANEOUS Statement in Relation to State Rifle Range at Blauvelt , January 23, 1913. On the subject of tMe State Eifle Range at Blauvelt, Ni Y., which, was closed on complaints made by citizens of Rockland county that stray bullets. made life unsafe in that part of. the State, Governor Sulzer said.torday: " Ojir first duty is to make, the range safe. For that: purpose, acting under my instructions, Adjutant- Generial Hamilton called a meeting in New York last Saturday, of General O'Ryan, commanding the Na- tional Guard, Senator Herrick and Assemblyman Cuvillier, Chairmen of the Senaite.and Assembly Com- mittees on Military Affairs, and Senator Blauvelt,! in whose district the range is situated, dt was, agreed that every means should be taken to render the range safe, and prevent the possibility of accidents. The State soldiers and sailors ought to. have a place to practice shooting; for no soldier is worth his ^kepp. if he cannot shoot straight. The State has !a.t Blauvelt what is probably the best rifle range in the world. In design, construction and equipment there is, nothing- like it anywhere else. Those who met last, Saturday are to make a thorough physical inspection pf the range next Monday, after which I shall know what it will cost the State to meet the objections of Rockland county citizens. I shall do nothing hastily in this matter, but, on the other hand, I shall waste no time in finding out how to utilize the State's $:4O0,Q()O, in- vestment at Blauvelt." ,/.< . [1045] 1046 Public Papers of Goveenoe Sulzeb Statement by Governor Regarding Bills to Carry Out Recommendations in a Message to the Legislature for Reforms in Stock Exchanges AijBatsy,^.Y., February 12,1913 Last week I submitted to the Legislature seven bills to carry out the recommendations I made in my mes- sage regarding reforms in stock exchanges. At that time I stated that on account of pressing official duties I had been unable to prepare a few other bills covering every recommendation I made. I prepared these seven bills as fast as I could, with the limited time I had to work, and they covered the principal recommendations. Since then I have prepared three additional bills, which Ml*. Murlin will hand you, covering the matters in the message which I did not cover in the seven bills. These three bills provide : 1. For the incorporation of exchanges. 2. To prevent, in so far as possible, a broker from shading in any way an order of a customer. It is rep- resented to me that brokers frequently shade custom- er 's otders; in other words they will get an order to buy a certain stock at a certain figure, or at the market, and instead of buying it at that figure^ they shade it an eighth, a quarter, or a half, and tell the customer that was the best they could do. And they make the difference, and that applies also to sales. Now I have drawn this bill with a view to preventing that. 3. A bill that will prevent discriminations against other exchanges. It is represented to me that the New York Stock Exchange refuses to execute orders coming from the brokers of the Consolidated Exchange. I think that is an unjust discrimination. In my opin^ ion the New York Stock Exchange is a quasi-public Miscellaneous 1047 institution, and any onei who has a stock or a bond to sell, or who wants to buy a stock or bond ought to have the right to do so, whether he is a member of the Con- solidated Exchange or whether he is a member of Jones, Brown and Sniith. And why they deliberately discriminate against the members of these other ex- changes is beyond my ken. And I have drawn this bill with a view of preventing that. These three additional bills, making ten bills alto- gether, substantially cover every recommendation I make in that message. The bills will be referred to the appropriate committees in the Legislature, and I have asked the chairmen of those committees to hold joint meetings or hearings, and have all the members of the respective committees present. I think there are four committees — two in the Senate and two in the Assembly. Mr. Anker. — Codes and judiciary. The Governor. — Yes. And to notify everybody in the State who is interested as to the day of the hear- ing, and give it all the publicity possible, so that those opposed to these bills can be present and oppose them; and those that are for the bills can be present to ad- vocate them. ' Personally I have no vanity in this constructive legisliation. All I am trying to do is to accomplish re- sults along the lines of reforms demanded by the people. I was very careful in my message to the Le^s- lature not to get committed upon mooted matters, but submitted these mooted questions to the Legislature for careful investigation and for their determination after hearing both sides. And I believe both sides ought to be heard, 'and then it is for the Legislature to determine just what legislation it should pass to 1048 Public Papers of Govebnok Sulzek remedy evils in the stock exchanges, and place upon the statute books a form legislation in the interest of the public. Mr. Janyrin. — At, this; hearing, Governor, will there anyone appear in behalf of the E?:eQutive f The Governor. — I think not, ; Mr. Janvrin. — You stand o,n your recommendation. The Governor. — The message speaks for itself and I am indulging the hope that the Legislature will give heed to the recommendations of the Executive in the mterest of the general welfare. Mr. Paine. — Has your attention been called to the controversy going on between the American Bank Note Company and the New York Bank Note Company to the effect that the Stock Exchange will not list securi-, ties unless they are engraved by their company? The Governor. — I have heard something about that. Mr. Paine. — Has your attention been called officially to this bank note controversy ? , The Governor.^ Yes, I have received several let- ters from people in, New York City who complained about it. Mr. Paine.-^Are you going to take any action, Gov- ernor? The Governor. — Just what action can be taken is a matter of some doubt. I suppose yoii would have the right to say who would print a bond for you if you were organizing a company or issuing bonds? Mr. Paine. — Yes. The Governor. — I have looked into the matter to some extent and am at a loss to know how you can legislate on that matter. If you want to have a bond printed you certainly have a right to say who shall do it. Miscellaneous 1049 Mr. Fuller. — That isn't the point. Unless you have the bond printed by a certain house the Stock Exchangfe won't list your bond. That is the kick made there, ' The Grovernor. — I looked over their rules. ' * Mr. Paine. — It isn't in their rules. They simply won't list it. > Mr. Fuller;-^ They won't list it and let it be traded in on the exchange unless it is printed by a certain firm. The Governor. — That is a matter we are looking into, to see what can be done about it. Mr. Paine.^ The result of that has been a discrim- ination against other firms. The GrOvernor. — If there were anything in the Con- stitution for the rules of the Stock Exchange about it something might 'be done. But there is nothing. I looked over their constitution and rules and didn't find anytliing in them. It is just a matter I suppose of them intimating, through some official^ to the people who 'Want to list a security, that the bonds must be en- graved by this bank note company. Statement. Relief for the Suffering Straphangers Albany, N. Y., January 15, 1913 Governor Sulzer is trying to find some relief for the suffering straphangers in New York city. This is a subject in which the Governor has always taken keen interest, and it appears that recently a lilitle quiet investigation has been made for him with a view to im- proving conditions. " The crowding in New York subways and other transportation lines is intolerable," said the Governor to-dayf " and works great hardship upon many thou- 1050 Public Papers of Goveenoe Sulzer sands of women, girls and men who .are compelled to stand all the way to town in the morning, stand all day at their work, and then stand all the way home again in the evening. Not only must they stand, but are crowded and crushed in an intolerable manner. " If anything can be done to relieve these conditions it goes without saying that it should be done. I am in- formed that the capacity of all the subways, old and new, can be greatly increased at a very small increase of cost, affording more comfort to the people and giv- ing both the city and the operating .companies a larger return on the investment. The engineering plan for doing this seems to be a simple one, and a thorough in- vestigation of it has been urged upon the Public Serv- ice Commission by the City Club of New York, the People's Institute, the special transit committee sof the Board of Estimate of which President McAneny was chairman, and by many individual engineers of high standing as well as by public officials and eminent citizens. I have no doubt the Commission will make such investigation, and if the plan proves sound and practicable proceed to provide larger capacity on the existing subway and in the new lines for the future. As I understand it, investigation of just such plans for incffeasing the facilities of the traveling public and adding to the earnings of the city-owned lines is one of the highest, duties of our State Public ,Servioe Com- missions. It is not conceivable that a public service board should fail or refuse to act in a niatter of such great public importance. " When he investigated transit conditions in New York John N. Carlisle, reporting to the Governor, said the congestion in the subway was such as no pen could picture and no European city would tolerate. I deem Miscellaneous 1051 it my duty to exercise what influence I may have with the State hoards in the direction of making every effort to find the means of relieving this situation for the present and providing against a recurrence of it ip the future." Relative to Labor Troubles at Mineville, N. Y. Governor Sulzer received and sent the following communications relative to the labor troubles at Mine- ville, N. Y. : Via PoBT Henry, Mineville, N. Y., January 25, 1913 Hon. William Sulzbb, Governor, Albany, N. Y.: A reign of terror exists in Mineville owing to the conduct of the Witherbee, Sherman and Company's mounted and foot police, bosses and foremen who are breaking into the homes of the strikers and compelling them to go to work at the point of guns. Some who refuse are thrown into jail, some of whom are taken from their beds and marched through the streets -With no clothing except undershirt, drawers and stockings. This is New York's coldest climate. In houses into which they are denied, admission they shoot through doors and under threat of smashing the door in gain admission and search the rooms, even to those of the women. Houses in which are women and babies are riddled .with bullets and the people of the community are iuif oi;mied that they, the company and officers, are running the section and that the state and its power is back of them. Owing to tjtie procrastination of th,e labor department in other matters concerning this dis- trict, this statement finds ready credence. One John 1052 Public Papers of Gtovbenok Stjlzeb J. Navin, Justice of the Peace, Avho has & notorious reputation as a grafter in office, is active on the, streets in this violence and has even urged murder. This morning he and several officers followed a man who had committed no offense shooting at him and Navin kept shouting ' ' Kill him, drop him. ' ' One Kelly, a recently released lunatic from the asylum, is commis- sioned as an offic^ and armed, with gun and club, is given full play in exercising his proclivities^ and finds it rare sport to fell innocent and unarmed men with his weapons. Can we expect help in maintaining law here? JOS. p. CAl^INON, Union Organizer The Governor caused a copy of the above telegram to he seiit to W. A. Knowlton, sheriff of Essex county, at Elizabethtown, N. Y., and added the following: I direct you to maintain law and order in your county, and to carefully investigate these charges and reppi^t your findings to me., Anything I can do to aid you in. performing your duties and maintaining law and order will he done. .Telegkam in Reply to Joseph D. Cannon Albany, N. Y:, January 25, 1913 Joseph D. Cannon, Union Org amizeri Mineville; N'. Y.: By way of Port Henry. i Your telegram regarding troubles at Mineville just received. I have telegraphed sheriff, sending him a copy of your telegram and directing him to maintain law and order, investigate the charges and repei*t his findings and conclusions. Have also taken the matter up with the proper State officials. (Signed) WM. SULZEB MlSCEB/LAKEOUS 1053 Tblegeam to Labok Commissioner John Williams January '25, 1913 Hon. John Williams, Commissioner of Labor, Albany, , '^- ^•■- ■ ' , ^ ' , Sib. — Enclosed I send you Qopies of telegrams and letters concerning the trouble at Mineville, Essex cbunty, N. Y. " " ''■' '" ''■'■'' "■"" ' ' ' ' I direct you to do all in ydiir power in these matters, and advise me promptly. ' ' Very, truly yours, ' (Signed) WM. StJLZEE Sheriff Knowlton telegraphed the Governor as follows : . Mineville, N., Y., January 28, 1913 Hon. William Suczbe, Albany; '-N: Y.: ' In my telegram, of Sunday I advised ydtl that from my personal observation the statements alleging in- timidation and coercion by deputies contained in tele- gram of' Cannon, labor organiizei-, were absolutely false. I have made a rigid investigation of such charges made to me by thie labor union, and find no foundation in fact therefor. • i^ffidavits presented to me by the union in some instances are repudiated as false and forgeries, by the affiants named therein. I have the situation, under perfect' control. This morn- ing out of a total of 1,169 employees, 824 are working. Many of the remaining number havft left town. The only acts of intimidation brought to my attention have been committed by strikers attempting to forcibly turn back laborers going to work. Further developments will; be promptly reported. Sheriff of Essex County, By CHARLES L. POOL, Under-Sheriff 1054 Public Papbbs op Govebnoe Sulzeb LeTTEE PEOM VAliENTINE TaYLOE, GOXTNSBL, TO THE GroyEENOE, TO Sheeiff Knowlton January 30, 1913 Hon. William Knowlton, Sheriff Essex County, ElisabetJitown,N. Y.: Deae Sib. — Governor Sulzer directs me to acknowl- edge the receipt of your telegram concerning the alleged disturbances at Mineville, N. Y. From your communication the Governor feels satis- fied that you are perfectly able, as sheriff, to properly control the situation and preserve peace and order and protect the rights and property of the citizen^. ■ Relying on your assurances, the Governor will not take any direct action in the matter unless you further advise him that the enforcement of the laws and the preseryi^tion of the lives and property of the citizens require executive action. The Governor desires you to keep him informed of your actions in the ruatter and the exact status of affairs. ; j ; , Very respect^fuUy, VALENTINE TAYLOE, Counsel to the Governor Lettee feom Jos. D. Cannon, RepeeseiJtative of the Amebioan Fedeeation of Labob Minevelle, N. Y., January 28, 1913 Hon. Wm, Sulzeb, Governor, Albany, N. Y.: Deae Sib. — I wish to thank you for the prompt man- ner in which you acted on my telegram to you on last Saturday concerning the trouble at Mineville, and while some good has come from your action, the abuses have not ended by any means, as men are still being Miscellaneous 1055 knocked down by the Witherbee, Sherman & Co.'s police, mounted and foot, aijd people are still threat- ened with eviction if they do not at once go to work, and last week, three-day notices were served on, most of the renters in "Witherbee, regardless of the fact that their rent was paid until the first of February. After men are beaten by the police they are thrown intp jail, instead of getting the necessary medical attendance, and pregnant women have had guns, in the hands of officers, thrust against their bellies and told that they must make their husbands go to work. As to the investigation which you ordered the sheriff to make, the conclusions which will be sent to you, it can be safely said, will not be an impartial document, as you will see by the following : On Sunday morning. President Geo. Waldron of the local union was notifieid that the sheriff wished to see him, and an appointment was made at which Mr. Waldron and myself met Deputy Sheriff Poole, and one Fitzgerald, also a deputy, and a further confer- ence was arranged for the following day. I learned later that this Fitzgerald was formerly a constable here, and had been dismissed on account of his graft- ing in office, and also that the Labor Department of the State af New York had put iis stamp of disap- proval upon him, and that it was through it that he was ousted, but now he is brought back and given full police power in a community where the people thought they were freed from his oppressiens, and further hon- ored by being selected to be an investigator, carrying out the commands of the Governor of the State. I do not know why he was selected, but it is the impression here that it was to show the contempt the Witherbee, Sherman and Co. feel for the State institutions. Mr. Waldron sent word through Deputy Sheriff Poole that 1056 Public Papers op GtOYebnoe Sulzeb he would not meet with Fitzgerald, and when he came to keep the appointment oh Monday morning, he brought with him a man whom he introduced as Mr. Owens, ' ' my attorney. ' ' I showed them some of the affidavits which we had, to ptove the charges made in my telegram, and gave Mr. Owens copies of thena, which he took with him. Later, I learned that Mr. Owens is one of the attorneys for the Witherbee, Sher- man and Company, and what they please to call an in- vestigation is being conducted there, by Mr. Owens, and the people who made the afifjjjiavits are being brought there, and given no chance to have counsel to protect their interests, but surrounded by company lawyers, managers and deputy sheriffs and detectives, have no chance to get any trace of justice, and not one of us interested in the case have had a chance to be heard, outside of giving the evidence gotten by us to the Witherbee, Sherman and Co., under the inapression that the honor of the State of New York would not thus be trampled under fodt. I do not blame you for these things, as I do not be- lieve that you are a party to them, but I hopeyouwill take some action to place the matter in the position which it' deserves, i Very respectfully yours, JOS. D. CANNON Letteb fbom Valentine Taylob, Counsel to the GrOVEENo::^ to Joseph D,, Cannon Albany, N. Y., January 30, 1913 Joseph D. Can^non, Esq., Mineville, N. T.: Dear Sie. — Your letter of January 28thj addressed to Governor Sulzer, has been handed to, me for attention. MlSCBLLANBOUS 1057 Governor Smlzer directs me to advise you that he has received information from the sheriff of Essex county that he is giving: careful attention to the matter and deems himself able to maintain law and ordetf- and protect the property and persons of the citizens. The Governor requests that you act very carefully in the premises so as not to incite trouble and expects you to give every possible assistance in your power to aid the law officers of the county in preserving peace and order. Very respeotfttUy, VALENTINE TAYLOE, Counsel to the Oo^oernor Letter b^om the Hon. John Williams, Commissioner OP Labor Statu of New York — Department oe La30» Albany, N. Y., Fehntary 1, 1&13 Hon. i/ViLLiAM Sttlz-er, Governor, Executive Chamber, Albany,}^. Y.: Pea? Sie. — I beg to transmit herewjtli in duplicate report of Mr. P. J. Downey of this l)epa^tment, cover- ing his investigation of .CQliditions in aijd about Mine- ville, N. y. Mr. Downey was sent tbere pursuant to your communication of Januaj'j 25, 1913, directing an investigation of the allegations contained in a tele- gram addressed to Your Exqellency by Mr. Joseph D. Cannon, Union Organiser .of t)ie Western Eeder^tion of Miners. . • I feel it is but fair and proper for me to say, that Mr. Downey is a trade ,unionist of long standing and natiQnal reputation. Tb^ref pre it may be ^ssum^d that his natui'al leaning would be toward, the strikers. 34 ' 1058 Public Papers of Goveenoe Stjlzeh At any rate, he would undoubtedly give to them the benefit of any doubt regardingmatters in dispute. . EespectfuUy submitted, JOHN WILLIAMS, Commissioner of Labor Mr. Downey, in his report on the dispute between the Witherbee Sherman Company and the Port Henry Iron Ore Company and their employees at Mineville said that on January 27th he held a conference at Mine- ville with Joseph D. Cannon, organizer of the Western Federation of Miners, Joseph Tylkoff, organizer of the American Federation of Labor and George Waldron, president and James Young, treasurer of the local union of miners. They stated tha,t jijae cause of the strike was the demands made upon the companies for an eight-hour day, recognition of the union, reinstate- ment of all men discriminated against, restoration of wages to engineers, firemen and brakemen as before January 1st aiid an eight-hour day for engineers, fir|q- men and brakemen. They also stated that a reign of terror existed, that men were driven from their homes to the mines at the point of guns, by the foremen and deputy sheriffs employed by the companies and that in many cases when the men refused to go to work their homes were riddled with bullets and their members were beaten up by the deputies and put in jail without any provocation on their part. Mr. Downey also says he also conferred with George Foate, president and Mr. Le Fevfe, general manager of the Witherbee-Sherman Company, who stated that on January 2d they posted a notice of an increase of ten cents a day in wages. They further stated that the eight-hour day adopted by the company was agreed to at a conference held previously between Messrs. MiscELLANEorrs 1059 Waldron, Wykes and Young and the representatives of the company and that they would continue to oper- ate their mines on the schedule posted on January 2d. Continuing his letter Mr. Downey said : « ' ' The company would not recognize the union nor be a collection agency for the, members' dues, and under no cirpumstances would they re-employ Waldron or Wykes and that the reason for th«ir discharge was not on account of th,eir activity in union affairs, but for disloyalty to the company and their share in the pub- lication of malicious, scandalous and libelous state- ments that appeared in the public press, and for those reasons and those only. The company would continue to. meet committees of their employees at any time to adjust any grievances they might have, and. there would be no discrimination against any man for his membership in the union. , They also stated that no forcible means were, employed by them to have those on strike return, that many of the men. wished to re- turn to work if they were guaranteed protection, and that in the morning the foremen accompanied with deputy sheriffs, went to the homes of the men and asked them if they were willing to go to work, saying that they would be given protection, but in no instance was any man forced against his willj; and that in so far as they were concerned the strike was a thing of the past as shown by the following taken from the pay- roll: Witherbee, Sherman & Co. : Total number at work January 22. , . . . 923 Total number at work January 23 528 Total number at work January 30 764 Total number paid off from January 22 to Janu- ary 30 (men who wished to leave) 66 1060 Public Papebs of Gtovehnob Sulzeb Port Henry Iron Ore Co.: Total number at work January 22 193 Total number at work January 23 89 Total number; at- work. Janiuary 30 176 Total number paid ofiE,, -;. . 11 ' ' I bave made a personal investigation accom- panied by Albert Belisser of tbe Bureau of Industries and Immigration who acfted as interpreter. The charges made by the representative of the union wel-e much exagg'erated. Frbm the twenty houses visited by me and from interviews with both men and women I was unable to find one case where men were forced to go to work at the point of a gun. I also visited the locality where' the trouble originated on the 25th and the houses supposed to be riddled with bullets, but I was unable to see aiiy evidence io substantiate that fact nor cottld I find any houses riddled with bttllets nor where the doors of any houses were broken, and this in the locality where all the trouble occurred on the morning of the 25th, which is known a3 the back road. " Mr. Downey added tMt he was informed in two instances that the deputies went into the homes of the strikers with guns in bath cases and searched the houses for concealed weapons. He added: ' Condi- tions around the mines are very peaceful and' qiii«t. The strikers meet every day at three o'clock and after the adjournment of their meeting they parade around the mines. They are not interfered with in any manner. I am firmly convinced, that the bone of contention at Mineville is the recognition of the union, but the company seems to be determined not to yield that point. There are a great many caikflict- img stories in circulation. Affidavits, made by the strikers to the union officials had been repudiated by the same persons to the company's officials.' " MiSCELLANEOXTS 1061 Control of Water Power in Niagara River Letter to Hojst. Heney p. FijOOD, Ohaibman, Commit- tee ON FoEEiGN Affairs, Protesting Asainst Principle of Bill Pending in Congress Albany, January 14, 1913 Hon. Henry D. Flood, Chairman Committee on For- eign Affairs, Washington, D. C: I am informed tliat tHe subcommittee has reported a bill wMch practically takes from the State of New York the control of water power in Niagara river. I protest against the principle of iMs bill, asserting ownership on behalf of this; States to the water power covered by the bDl, and ask that the State he not only permitted to fix the rates by the Public Service Com- mission but also be permitted to control the develop- ment and distribution of power, suJDJect to Federal control oilly for purposes of naviga4;ion, and urging the committee to give New York State a hearing on the bill. (Signed) WM. SULZER, Governor of the State of New York Letter from Attobney-Gtenebal Thomas Caemody to Hon. Heney D. Flood, Chairman Committee on Foreign Affairs, Eeqtjesting a Hearing Ujpon THE Niagara Power Bill January 14, 1913 Hon. Hbney D. Flood, Chairman Committee on For- eign Afftiirs, Washington, D. C: As Attorney-General of the State of New York, I ask to be heard upon the Niagara Power Bill with a view of urging the committee to give control of the 1062 Public Papers of GtOveknob Sulzek water power of Niagara river to the State of New York instead of retaining it in the Federal Govern- ment, and to permit the State, to regulate the distribu- tion and fix the rates. A hearing any time during the week of the twentieth will be convenient. (Signed) THOMAS CARMODY, Attorney-General GOVEENOK SULZEE UkGES DfiFEAT OF BiLL PENDING IN iCoNGEEss Giving Fbdeeal Control Ovek Niagaea Watee Powee Albany, N. Y., February 18, 1913 On February 17, 1913, Governor Sulzer caused to be sent to every member of the Sixty-second Congress, a copy of the opinion of Attorney-General Carmody printed in pamphlet form on " Federal Regulation of Water Power within New York State, ' ' which opinion was recently submitted by the Attorney-General to the foreign relations committee, together with the fol- lowing letter : State of New Yoek — Executive Chambee Albany, February 17, 1913 Deae Sie. — As a member of Congress, we ask you to oppose the passage of a proposed bill reported to Congress by the committee on foreign affairs in rela- tion to the control and regMation of the waters of Niagara river. The grounds of our objection are as follows : By the treaty between the United States and, Great Britain, proclaimed May 13, 1910, the Un.ited States was authorized to permit the, , diyersipn within the State of New York of the waters of the Niagara river Miscellaneous 1063 above the Falls of Niagara, not exeeeding in the ag- gregate the daily diversion at the rate of 20,000 cubic feet per second. The proposed bill to which we object, in effect, gives the Secretary of War the power ■*- (1) To issue revocable permits for the diversion of such water to the extent of a daily aggregate of 15,600 cubic feet per second. (2) To determine the persons to whom, and the pur- poses for which such permits may be granted. We concede that Congress may empower the Secre- tary of War to permit the diversion of such water within the limitations fixed by the treaty, but we deny that Congress has the right to clothe the Secretary of War with power to determine the persons to whom, and the purposes for which^ such permits may be granted. We maintain that it is Well settled by law that the title to the land under the water of the Ni- agara river, to the boundary line, is held by the State of New York fsor the use of its people. This carries with it the right to regulate the use of the water, sub- ject only to the paramount right of the Federal Gov- ernment to control the same for the purposes of navi- gation and' national defense, therefore, the State of New York should itself designate the beneficiaries of these water power privileges, and should control the use and operation thereof so that the people of this State may enjoy the fruits of its own natural resources. This proposed act of Congress is no technical usurpa- tion of Federal power; it is a plain case of an attempt to take away the property rights of the State of New York. The Federal G-overnment in the exercise of its rights over navigation has by the treaty deter- mined the amount of water which may be diverted on the New York side, above the Falls of Niagara, with- 1064 Public Papebs of G-ovbenoe Stjlzeb out interfering with navigation. In other words, it has determined what surplus water belongs to the State of New York for power development, or otherwise. The pr exposed biU piermits th^e Secretary of War to grant this samie property away from the. State of New York, to suefe person as he may determine, subject only to certain limitations or restrictions; contained in the bill. In addition to the fact that this act violates the fun- damental rights of New York, it is objectionable upon other graunds. It gives the State no voice in choosing the grantees of the power privileges, or in fixing com- pensation therefor. It lets other stateg share in -water powers coming from, and belonging to, New York alone. It enables ihs; Federal Grovermnent, without liindrance from the New York authorities, to per- petuate the water power combination or m.onopoly at the faljs, and tends to impede any State-wide plan of "State development or operation of a hydro-electric system for the benefit of our peaple. ., . The Grovernor of the State of New York, the Attar- ney-Greneral and the Conservation Commission, which has jurisdiction over the waters of the State, call upon you ^to oppose this measure, or any modification thereof which does not fully recognize the rights of this State, in order that New York may itself develop, control and regulate its water powers to provide cheaper light and power for its citizens. WM. SULZER, Governor THOMAS CARMODY, Atto rney-General GEORGE E. VAN KENNEN, Chairman, State Conservation Commission Miscellaneous 1065 Relatiye to Contamination by Flood of Albany Drinking Water [Telegram] : Albany, :N. Y., March 29, 1913 Hon. lEuGBNE H. PoRTEE, State Commissioner of Health, < , • . Gare of Gurus Porter, Ghent, Goiitmbia County, At tlie request of citizens of Albany I have sent the following telegram to George Foster Peabody,- chair- man of the 8tsite. Eeservation at Saratoga Springs : " I am ad-vised i^at the Albany drinking wa;^r h^ been aontaniihated by, the flood'. The people are anx- ious to ^et drinking water from Saratoga if it can be furnished. Let me -kaow just' What you c4n db in connection with this matter, as I deem it '<^ef y import- ant,to the heg,lth of the people of the city of Aibahy." Ho]^e yoii will take the matter up immediatei^r and render such aid as you. ckn'to the people of Albany so that" they will be able to get pure drinking water and thti's prevent an, epidemic of typhoid f6yer. Keep me advised. ., , , WM. SULZER [Telegram] ■'' ''■''■'" ALBA:NY,iran;a' 2^, i913 Hon. GrfiORGiE Fb'sTER Peabody, State Reservation, Sar- atoga' Springs, )N. Y.V . , , ' "• \ , . . > , •. ■ ;\ , Lam advi(§^di'tli^t,|JiJQ,A4hany drlnkjng ^s^a^er ,h^s been contaminated by the flood. The people. ar@ anx- ious .to get drinking .water from Saratoga Jf it .can be burnished. Let me know' jusi' what you can do in 1066 Public Papers of Goveknok Sulzeb connection with this matter, as I deem it very import- ant to the health of the people of the city of Albany. WM. SULZBR [Telegram] Hudson, N. Y., March 29, 1913 Hon. Wm. Sulzeb, Governor, New York State, Albany, N. Y.: Your telegram received and I assure you that it will receive my immediate and active consideration^ EUGENE H. POBTEE New Yosk, N. Y., March 29, 1913 Hon. William Sulzeb, Governor, Albany, N. Y.: I find your telegram repeated on my arrival in New York. The State has. taken only mineral waters and my knowledge is that the village has only a moderate drainage for its fresh water supply but I fancy if transportation could be arranged with Great Bear Spring Co. at Fulton which has its own tank cars the village could supply a fair supply of drinking water. Sorry I am not there but I suggest you call up Presi- dent McNulty on 'phone, he will do everything possible I am sure. GEORGE FOSTER PEABODY New York State Department of Health, Albany March 29, 1913 Eugene H. Porter, M. D., Commissioner Hon. William Sulzeb, Executive Chamber, Alb-any, NY.: Dear Sib. — At the request of Commissioner Porter I beg to acknowledge the receipt of ybiir letter of Miscellaneous 1 067 March. 29, 1913, with reference to the i present contam- inated condition of the Albany city water and the prac- ticability of furnishing the citizens with a temporar j^ supply of drinking water of safe quality. As publicly announced by Mr. Wallace Greenalch, ■Commissioner of Public Works of this city, th.e pollu- tion of the city water supply was caused by the Over- flowing of the embankments surrounding the filter plant and the entrance of Hudson raw river into the clear water basing, thus making it necessary to pump tbe raw water directly into the city mains and inci- dentally into the distributing reservoirs. The river water overtopped the filter embankments early Friday morning and since that time raw Hudson river water has, of necessity, been sent into the distributing mains and supplied to the residents of the city. . I believe it is important to explain or point out' first tbe true scientific significance of the condition of the city water at this time. It has two objectionable quali- ties: one a high turbidity, popularly spoken of as roilyness, which gives to it an objectionable appear- ance, but which in itself has no direct prejudicial effect upon health; the other a sewage contamination, the presence of whicb is not distinguishable to the eye, but the effect of which owing to possible presence of dis- ease germs is a direct menace and possible danger to health. The first is purely an aesthetic characteristic, affecting appearance and attractiveness, but not affect- ing health.'; the second is a sanitary characteristic, usually invisible, but affecting seriously the public health. It is this careful discrimination which is essential for those who are entrusted with these important ques- tions. to bear in mind, and in tbe present situation it is worthy to point out that precautionary measures have 1068 Public Papbks of G-oveenok Stjlzer already been taken by both the State and city. The State Commissioner of Health has already issued a warrant to ail of the authorities of the State having control of water supplies to use every possible means to safeguard these supplies againsit infection and to warn the public of the safe precaution to boil all water used for drinking. The Commissioner of Public Works of Albany has also simultaneously given his warning to the people of Albany before the filter plant even went out of service, to boil ail water used for drinking. There can be absolutely no doubt about the efficacy of boiling to produce a safe water from the health point of vi«w, provided the period of boiling is continued at least fifteen minutes. Boiling, however, will not im- prove to any appreciable extent the ;appearanee of the water, which, however, is not essential, even though desirable if it can be simply accomplished. Unfortunately it is not a simple matter to satisfac- torily treat lon a small individual scale a water which is roily to remove the turbidity. It is possible, how- ever, and is actually done in some parts of the west where excessively turbid waiters, much more so than the Hudson river water, is often the rule. It is ac- complished by adding a small amount of alum to th« water and allowing it to stand and settle over night. The alum forms what is known as coagulant,' which en- trains the suspended matter and causes it to precipi- tate. The amount of alum required mil Vary, but with the present conditions of the water should be added in about the proportion of one ounce to one barrel of water holding fifty gallons. At the time of this writing (Saturday noon) I am advised by Commissioner Greenalch that the river has subsided below the top of tlie embankments surround- MlBCELLABTBOUS 1069 im^ the plant and that no more raw water is being piamped into the distribnting system. Furtkermore tliG filters were in: -operation, although it will probably be some few days before they would be working with their normal higli efficiency. It is very important to point out, if not warn, the public, that altKough the filter plant will be in normal working condition within a few days, the danger of drinking the water without boiling it will remain for possibly one or two wo«ks, or even longer. This is a result , , . , ! QhiVif Engineer ^EW XoB-i^ State Depaetmbnt o^, Health, Albany .■■■''■. .- April 2S, 1913 EiiGfesfE H. PoRTEE, M. D., ■Ob:^-M3i^O]srEE ■ ' ■ , '■ - r\H--. •- •■ :■ Hon. William, Bvi^bb, (governor, ^.tgify of N^ia). York, i]xeQU:tj,ve Chofn^per, Capitol, Albany, N. Y.: , Deae Sie. — L find it necessary ,tj9 sigain xef er to the water supp^ly I situation i)i Albany .foi^ the reason, that I kave,iuist learii^^d di^fimtely that a.nju^b^ qf, .cases, of typhoid fever have b6eH<;r€,pprjt^d to the Oity Health Departmeiat within, the past two days, .-aind .that I. be- lieve, these cases to be traceabl|&i tp i%e recent eoaitajni: nation of the city water. . i , Ouilirst learning that ithe^^. cases 1^ beep reported to the City,H)e«Jth Department, I &\ onee took the mat- ter up wi til, that departmiefli- , ^hfi, oity.iO^.Aljbany as you know is, now exempt fr^m ';th,e provision, , of the Public Health Law, requiring the reporting of cases Miscellaneous *^1 >i-!'! ' 1073 of communicable diseases to the State Department of Health, but upon special request of the health officer I have been able to secure in part certain detailed in- f ormatioii concerning the- ease's which apparently it is not the custom of the physicians of the city to report promptly, nor of the City Department of Health, to investigate independently. The health officer Mhas, however, very promptly agreed to co-operate with me in securing the information I desire, and through him I have learned that there have actually occurred in the city during the month up to this date some eighteen or twenty cases of typhoid fever."' Seven of these cases only were reported to the City Health Department up to April 22d, and in all probability our present efforts in this -direetioli will reveal additional cases. 'K'M ^'*^ Although some of the cases so far reported are ap- parently traceable to oth-er eawses than the city water supply, I feel very confident, and the information at present available strongly supports it, that the large majority of them are traeeabfe directly to infection by the city water received between March 28th to April 5th, the period during and ifflthediately following the flooding of the filtration plant. "'*"" -"'"' '^^ t^^ "" The' occurrence of most of these 'cases concerning which information is available lies between the dates April 12tli and 17th, and, dating back two weeks from this to allow for incubation would bring the time of infection during the week following the flooding of the filtration plant. It was during this period when the entire si:q)ply, including the^water in Prospect Reser- vpiar, was contaminated, and yoii will recall from my former reports that it was not until about April 10th that our series of daily laboratory analyses showed 1074 Public Papekb ok Govehjcoe Sulzek that the contamination had disappeared from the en- tire system. While it is therefore too early to make any predic- tion as to the number of cases that may yet develop, the best information at this time, obtained from a study of the cases would indicate that the typhoid cases now being reported are cases which received infection at the time of, or immediately following, the inundation of the filtration plant by the floods of March 2'8th and 29th, and that this infection, was due to the negligence of those who drank the city water without boiling it, in utter disregard of the warning given by the authori- ties in charge. That no greater number of cases have thus far been reported is fortunate in view of the serious nature of the contamination which the water supply received and can only be accounted for by the unusual intelli- gence displayed generally by the public and to the special prei&autipn&, and corrective measures taken by the authorities in dealing with the situation. It is per- haps incidentally noteworthy to mention that the steri- lization of Prospect Reservoir with hypochlorite of lime is, so far as I know, the first case on record where an attempt has been made to sterilize a large body of water in an open basin by this chemical, and further- more, laboratory analyses show that the sterilization was practically complete. The only unfortunate cir- cumstances in this connection are that the piping and valve arrangements at Prospect Reservoir were not such as to permit this reservoir to have been entirely cut out of service and that the storage and distribution system were not such that the Hudson river supply might have been excluded entirely for a few days and storage used exclusively until the floods receded. Miscellaneous 1075 Although as stated above it is too early to predict the number of cases of typhoid fever that may yet occur in the city, present information would indicate that the maximum has already been reached and that a gradual disappearance of cases would be expected from now on. I do not consider the situation at all alarming at this time, nor unless considerable morer cases develop, for the reason that the cases reported so far^ this month represent only about double the nor- mal typhoid rate for Albany for this short period of a month, and at this season of the year; and less than one-half the average rate which Niagara Falls has, until recently, regularly had throughout a decade. I beg to assure you that the strictest oversight will be kept of the situation and, unless I hear from you to the contrary, it is my purpose to keep you advised as to any important or significant change in it. Yours very respectfully, (Signed) THEODOEE HOETON, Chief Engineer New York State Depaetment of Health Albany, April 28, 1913 Hon. "William Stjlzer, Governor, State of New York, Executive , Chamber, Capitol, Albany, N. Y.: Dear Sir. — In accordance with your request to keep you advised as to situation in Albany, with refere;nce to water supply and typhoid fever, I have the honor to again report to you. Since my advices of April 23d when I found out that typhoid fever had developed in the city as a 1076 Public Papers of GtOveefoe Sulzeb result of the contamination of the water supply caused by a flooding of the filtration plant, there have devel- oped in the city additional cases which bring the total number not far from one hundred. As pointed out in my last report the incidence of the disease reached a maximum on or about April 15th and since that date has been diminishing. The additional (^ses which have .been reported I have closely followed up through the city health department, and according to the best information available I find that the date of April 15th still remains the date on which the maxi- mum of incidence occurred. The accompanying chart or diagram which I have prepared will illustrate perhaps more strikingly than I can describe the history of extent of this recent out- break of typhoid fever and its intimate causal relation to the recent contamination of the city water. On the diagram have been plotted two curves or profiles ; one showwg the rise and fall of the Hudson river covering the period of the recent flood ; the other, the number of cases of typhoid which have developed in the city up to April 27th so plotted as to correspond with the dates of onset of the disease. On the dia- gram also appear a number of explanatory notes re- lating to Walter supply and typhoid fever arranged chronologically as to show directly the relation be- tween the two as to cause and effect. Thus the notes, read vertically, on the diagram explain important facts with reference to the flooding of the filter plant, notice to boil water, sterilizaltion of Prospect reser- voir and the clearing up of all traces -of pollution of the water snpply system; whereas at the top of the diagram the notes, read horizontally, explain liie rela- MlSCEl,LANEOUS 1077 tion between the incubation period, the period of in- fection of the supply and the period of outbreak of typhoid fever. This chart furniehes a most striking picture of what occurred. It will be noticed that the maximum number of cases occurred on April 15th and 16th and that the period of maximum prevalence covers a period of about one week. Allowing two weeks for ' ' incu- bation " and dating back on the diagram this period of time from April 15th and 16th, brings us directly on the period w'hen infection of the water supply oc- curred. The diagram shows, therefore, at a glance the perfect synchronous relation between the infection of the supply and the otitbreak of cases. I had considerable difficulty in securing the neces- sary information to follow and study closely the situa- tion and this difficulty is evident even from the dia- gram which shows that the first cases reported to the Department were not until April 21st and 22d, whereas Tip to that time there were in progress nearly seventy-five cases. Of course allowance must be made for the tirae for diagnosis, but I can see no reason why so great an allowance wonld be necessary. Further- more complete detailed information concerning cases are not furnished by the physicians aiid the scarcity df assistance in the Health Department made it im- possi*ble to secure more than the most limited data concerning each case. The Health Officer very cour- teously offered what assistance was possible with his apparently limited resources. Since the crest of the wave of typhoid fever in the city appears to have been reached on April 15th and 16th, and since ample time has now elapsed for physi- cians to have reported all cases which occurred at 1078 Public Papeks of Goveenok Sulzee about that pqriod it is hardly to be expected that many more cases will be reported. I do however expect to see a few straggling cases due to lack of prompt re- porting and due also to secondary infection from past cases. There should be few of .these: latter however if the Albany physicians realize their responsibility in this regard. Since the present cases of typhoid fever received their infection immediately following the ,flood and since the inciting cause has already, and for some time, been removed, there seems to be little in a prac- tical way which remains to be done or can be done now, to relieve the situation beyond the precautionary measures to be adopted by the physicians to prevent the occurrence of secondary'' contact " cases. Since, however, there has been such: an apparent delay in reporting the cases which have had their onset around the fifteenth of the month it is very difficult to predict how many more cases will be reported in the future. If the physicians, however, will do their fuU duty in this regard and see to it that secondary cases do not arise I do not anticipate that any considerable number of cases whose dates of onset have occurred subse- quent to April 20th would be expected. Assuring you, however, of my intentipij to keep you fully advised as to any further develppments in the typhoid fever situation in the city, I beg to remain Yours respectfully, THEODORE HORTON, Chief Engineer Miscellaneous 1079 The Governor Offers a Reward for the Capture of James Doran March 30, 1913 Governor Sulzer to-day authorized the offering of a reward of $50 for the recapture of James Doran who escaped from the custody of an officer in the city of Albany on March 28th while he was being trans- ported to Great Meadow Prison to serve out the balance of his unexpired term for violation of parole. $50.00 BEWAKD For information resulting in the return to prison of James Doran, No. 107, for violation of parole and escape from officer. DESCBIPTION American; home, New York City; age, 22 years; height, 5 feet, 7Y^ inches; weight, 137 pounds; occu- pation, shoemaker ; medium complexion ; hair, dark chestnvit; eyes, medium azure; chin, intermediate. SCABS Two vaccination scars on left arm; curved scar on first joint of left middle finger ; small scar on back of head ; irregular scar at right elbow. BEBTILLON MEASTJBEMENTS 70.5 18.4 plus 24.8 72.0 14.3 11.1 plus 88.4 13.1 8.6 6.1 minus 45.1 minus CEIMINAL BECOBD Two terms, Catholic Protectory as John Donlin, 1900, petty larceny. 1080 Public Papbbs of Gtovebnok Sulzbb One term, New York City Reformatory, 1907, four months, petty larceny. One term, New York County Penitentiary, 1908, five months, violation of parolie. One term,. Sing Sing^ 1909, two to five years, gnand larceny, second degree; transferred to Great Meadow Prison, May 10, 1911;, paroled October 80j 1911; while an. parole convicted; of larceny and sentenced to serve one year in New York County Penitentiary ;trdlea&ed March 27, 1913, to custody of parole officer for return to prison; slipped his handcuffs and escaped from officer at Union Station, Albany,' March 28, 1913. If found, kindly hold and advise Owen 1j. Potter, Govei-nor'Ss Eepresentative in 'Charge of the Office of Superintendent of State Prisons, Albany, N. Y. In Relation to the Strike of Employees of the Interna- lional Company at Auburn, N. Y. [Telegeam: FEoii C. B. Thompson; of CENTEAii' Labqe Union] AtfBtrHlT, N. Y., April 4, 1913 Wm. Stjlzee, Govirnb^' of New Yo^Jc State, Albany, N. Y.: '■' ■ ■■' -" ' ■• ' ■ '' ' '■' '''' Deae Sie. — We tbe members of the Central Labdr Union of this -city representing orgauaizations of all trades, earnestly req.uest you ;ito at onoemake an investi- gation of thp labor situation: here and partieularly the shooting affray of this mofrmng when four persons were shot by the.ipoliceUji.We bejieve the action was totally unjustified and calls for full investigation, respect- fully ask you to instruct the Attorney-General to take action on this immediately. ' ,>i'- > •; ' C. B. THOMPSON, 4 Lisette Street MlSCBLLiANEOUS 1081 [TeLEGEAM of GrOVEBNOE SuLZEE IN RePLy] Albany, N. Y., April 5, 1913 Mr. C. B. Thompson, 4 Lizette Street, Auburn, N. Y. : Your telegram redeived. Have conferred with the Attorney-General regarding your allegations. He is sending a Deputy Attorney-General at once to Auburn to make an investigation and report to me. Have noti- fied the Sheriff to ;fiirther advise nie. WM. SULZER [Telegeam to Gboege W. Banceoft, Sheriff of Cayuga County] Albany,. N. Y., April 5, 1913 ' Hon. Geobgi! W, Banceoft, Sheriff of Cayuga County, , jA-uhurn, N. Y. : Just received the following telegr?im,: "Au- burn, N. Y. Wm. Sulz^er Governor of N. Y. State, Albany, N. Y. Dear sir: We the members of the Central Labor Union of this city representing or- ganizations of all trades earnestly request you to at once tako an investigation of the labor situation here and particularly the shooting" aiffray of this morning when four persons were shot by the police. We fbe- lieve the aetion was .totally unjustified and calls for full investigation. Respectfully ask you to instruct the Attorney -General to take action on this immedi- ately. C. B. Thompson." Have conferred with At- torney-General who has sent Deputy Attorney-Gen- eral to make investigation. Direct you to maintain law and ordery proteet life and property, and advise me concerning the situation and if there is anything I can do to help you. nn-. (Signed) WM. SULZER 1082 Public Papees of Goveenok Sulzeb [Telegeam fbom Sheeiff Banoeoft in Reply] AuBUEN, N. Y., April 5/13 Hon. Wm. Sulzbe, Albany, N. Y. : Answering telegram of today I have two companies of militia here on duty everything quiet and under con- trol today and think I can handle the situation. I thank you for your kind offer. (Signed) GEORGE W. BANCROFT, Sheriff of Cayuga County [Lettee feom Deputy Attoeney-Genbeal James A. Paesons] State of New Yoek Office of the Attoeney-Geneeal Albany, April 9, 1913 Thomas Caemody, Attorney-General Hon. William Sulzee, Governor, Albany, N. Y. : My Deae Sie. — I hereby submit to you a report of conditions as I found them at Auburn, N. Y., upon in- vestigation made by direction of the Attorney-General. I went to Auburn, N. Y., on April the 5th for the purpose of investigating the conditions in regard to the shooting of some persons on the 4th day of April. I found on investigation that there were about two thousand employees of the Columbian Rope Company and of the Twine Mill of the International Harvester Company, located at Auburn, on a strike, about twelve hundred from the Rope Company and about eight hundred from the International Harvester Company. These strikers are substantially all Italians, Poles and Miscellaneous 1083 Hungarians, very few of whom can speak or under- stand the English language and quite a large per- centage of whom are women and girls. The Eope Company employees are striking on ac- count of the wage scale and other labor conditions; those of the International Harvester Company largely in sympathy with the Eope Company, they both being affiliated with the same labor organization, known as the textile workers. The strike has been in progress for about three weeks. There had been some disorder mornings and evenings in the vicinity of the plants at about the time of the going to work and quitting. The striking em- ployees assembled at these times outside the plants, but so far as I was able to ascertain there had been no 'attempt to injure property, but consisted largely in attempts to prevent some employees, not striking, from going in and out of the mills and some demon- stration against the police. Friday morning, the 4th, there was assembled out- side the plant of the Eope Company a number of strikers and the police, to the number of some twenty, were present. An employee riding a bicycle was ap- proaching the plant and a woman striker pulled him from his wheel. A policeman attempted to arrest her and she resisted. Another policeman came to his as- sistance and friends of the woman interfered and some disorder was thereby created. It is claimed that some stones were thrown at the police and some substance supposed to be salt attempted to be thrown in the faces of the officers. A sergeant of police, in com- mand, several times warned fhe crowd to disperse and to keep away and not interfere or attempt to 1084 Public Papers of Govesnor Sulzer rescue the woman they were arresting, wMch ©rdfet was not obeyed. Orders to fire were given, and so far as known, four strikers were wounded, two slightly and two. somewhat seriously,, but as yet none have diied. ,T interviewed the sheriff, district attorney and others in authority and found that no formal investigation by way of an examination of witnesses or other legal procedure had been made or commenced. There are two companies of the National Guard on duty there guarding these plants and preserving order and no disorder of any moment has occurred since the National Gua,rd arrived. There are a great many con- flicting stories as to , what occurred previously to ^ the shooting and in view of s,ijch conflicting stories I, in- sisted to the district attorney that an investigation should be made before a magistrate, as no grand jury is in session or will be for, some four weeks yet, to as- certain, if possible, the facts in reference to the shoot- ing, it seeming to me that the; circumstances required an orderly legal investigation. This the district ^at- torney informed me he would do and would commence the same within the next day or so. There is a pronounced sympathy for the striking employees of the Rope Company so far as the wage question is concerned but against any disorder. So far as I was able to ascertain there was a general im- pression that this prosperous company does not pay its employees sufficient wages, and that a public in- vestigation by the Labor Department or other au- thority as to this fact and some alleged violations of the rights of employees would result in establishing this fact. This does not apply, however, to tlie Har- vester Company, it having recently substantially in- creased its minimum wage scale. Miscellaneous 1085 The State Board of Mediation and Arbitration is represented thpre by ISjIr. Eogers aqad Mjr, Bowney and they are using their best efforts to bring about an adjustment of the strike. I will make any other or further investigation that you may desire. EespectfuUy submitted, JAMES A. PAESONS, Deputy Attorney-General Letter jtromi Hon. William J. Bryan, Secretary of State Depaetmejtt op Staj^jE^ '\\Cashing']:on April 9, 1913 The Governor of New Yortc, Albany: Sir. — I have the honor to enclose for your consid- eration translations of a note and its enclosures from the Italian Ambassador at this capitol, relating to the firing by the police of Auburn on pertain strikers of Italian and other nationalities. It seems to the Department that if an investigation of the matter has not already been undertaken the au- thorities of the State of New York will desire to in- stitute one and in the meantime will take such meas- ures as may be necessary and appropriate to insure to the aliens mentioned the protection which, in the premises, should be accorded to them. I have the honor to be, sir, Your obedient servant, W. J. BEYAN 1086 Public Papers of Gtoveenoe Sulzer GovBEiiroR Sulzek's Letter in Eeply State of New York — Executive Chamber Albany, April 16, 1913 Hon. William J, Bryan, Secretary of State, Wash- ington, B.C.: My Dear Mr. Secretary. — Your letter of the 9th instant just received. The State authorities are doing everything in their power to maintain law and order, protect life and property, and restore peace and har- mony between the employees and employers in the. labor troubles at Auburn, N. Y. The situation is very much improved, and we feel confident of a speedy settlement of the troubles. Enclosed we are sending you copies of telegrams, etc., in connection with the matter. With best wishes believe ine. Very sincerely yours, WM. SULZER Enclosures in Mr. Bryan's Letter, prom Italian Ambassador [Translation] Royal Embassy of Italy^ Washington, D. C, April 8, 1913; No. 444, urgent. Me. Secretary op State. — By a telegram dated the 4th instant, the original of which I have the honor to enclose, the Italian subject Gustavo Termini, with an- other foreign signer, invoked the assistance of this Royal Bnibassy against the police of Auburn which, as it seems, had fired, without provocation, on strikers of Italian and other nationalities. Miscellaneous 1087 I sent urgent instructions to the Eoyal Consul Gen- eral at New York to have a thorough investigation made on the spot by the Royal Italian Consular Agent at Rochester, N. Y. It appears from that officer's report, which I like- wise enclose, that the action of the police was attended with grave and unjustified consequences which might involve further complications in the situation. I, therefore, have recourse to Your Excellency's habitual courtesy and ask that you will iurry a strict investigation as well as appropriate measures for the protection of Italian subjects there on the part of the authorities concerned. I shall be thankful to Your Excellency if you will apprize me as soon as possible of the decision you may be pleased to reach in the matter and embrace this opportunity to renew to you, Mr. Secretary of Sta,te, the expression of my highest consideration. ■ ' , . CUSANI To His ExGelle;ncy, the Honorable W. J. Bkyan, Sec- retary of State [Telegram] AuBUKN, N. Y., April 4, 1913 Italian Ambassador, Washington, D. C,:, Respectfully call your attention dastardly shooting Italian, Polish and Lietuens strikers by police, Auburn, without provocation and urge you demand justice for these peaceful Polish subjects and thorough investiga- tion this outrage. OHAS. A. MILES GUSTAVO TERMINI L. KAWASSWIOWSKI 1088 Public PAPiEBS of Governoe Sulzee [Translation Copy] In EE AXIBUEN liESTUEBANCES EocHESTEE, N, Y., April 5, 1913 Mr. Consul Gbneeal. — I have the honor to confirm my report telegraphed to you from Auburn, N. Y., and to acknowledge the receipt of the " Special Delivery " enclosing telegram on the same subjept. The investigation ma(3e "by me brought out the fol- lowing : Tbe Columbian Eope Conapany of Auburn, N. Y. (one of the largest rope and cord factories in the United States), employs about 1,500 men and women, of whom 500 are Italians. The financial conditions of those laborers — from the statement of the Mayor of the city of Auburn him- self — are wretched and such as to justify a demand for betterment. But the present difference between the owners of the plant and the laborers arose not so much from such a demand for better conditions as from the fact that, upon the laborers forming a union, the managers, without any apparent reason, dis- charged the leaders of the unions, both Italians and Poles. Refusal on the part of the managers to rein- state the discharged men was the direct cause of the strike, which later extended to the ' ' Osborne ' ' plant affiliated with the International Harvester Company, whose main office is in Chicago. From what I have heard ike strike of the '* OsborBe "laborers was not justified, the wages being rather betterj and ia faet all the men asked for was shorter hours. By way of better description of the sifcuation, I tave also to say that the mass of strikerB, of ahout 1^00 Miscellaneous 1089 hands, was cdnfronted, at the time the strike was de- clared by a force for the maintenance df order of only thirty-five policemen, which was successively increased bj- sixty ' ' special ' ' officers, men picked at randooa and generally more brutal than the regular force. <>h% For three or four days in the beginning of the strike there were always around the " Columbian " plant some scrimmages between the officers and the strikers, and arrests made in consequence. I have not heard that any of the officers was hurt in the course of those disturbances, but the temper of the strikers was some- what aroused by the fact that in arresting a woman striker the police maltreated her and tore off her cloth- ing so as to partially denude her. I now come to the specific incident which occasioned the telegram of protest to the Royal Embassy; the in- vestigation personally conducted by me on the spot established the full justice of the protest of our strik- ing fellow citizens. Here are the facts : '^'''i A certain number of strikers, men and women, the latter, however, being more numerous, were near the " Columbian " factory in the forenoon of Friday, on so-called " picket work," when an Italian woman named Maria Saveria Peluso struck an American boy who was riding to the said factory on a bicycle and threw him from his machine. The " special " and regular officers who were on duty there coming up ar- rested the woman and rung the alarm for a police patrol. When it arrived, they lifted the woman bodily and threw her into the wagon, whereupon the strikers uttered threats and gesticulated and the police officers — without further waiting — pulled out their revolvers and fired upon the strikers, wounding six — two of Ihem Italians — at once. 35 1090 Public Papers of Goveenoe Sulzeb The injured men were carried to the hospital where two are still in danger of death, and the strikers then and there disbanded. I received a telegram from Auburn in the evening of Friday and left for the place the next day, early in the morning. After getting information from trust- worthy persons in nowise connected with the strikers, I called on the Mayor of the city, Mr. 'Neil, to lodge a formal protest against the action of the police, which was entirely unwarranted a,nd which the police them- selves would not have dared to take had they had to deal with American citizens instead of foreigners. The Mayor, on my making representations and giv- ing Jiim notice that I considered it my duty to report the condition of affairs to you, my superior, and hence, to the Embassy of His Majesty — offered no explana- tion to palliate the action of the police, but promised to have the facts investigated and to punish those who might be responsible for the injuries. I warned him against a repetition of a like occurrence. The situation at Auburn is exceptionally grave, and while the presence of the national militia of the State has, for the time being, restored apparent quiet, I still have great fears that grave disturbances wiU recur un- less the two parties come to some agreement. The owners — from what I have been able to gather — are disposed to talk matters over with the workmen and make concessions, but they will not recognize the union, and on the other hand the men care more for the (leaders of the) strike who would otherwise be more than likely to be left idle than they do for better money conditions. The leaders of the strike, among whom are men of advanced ideas — such as Gustavo Termini, who ap- Miscellaneous 1091 pears to be one of the signers of the telegram to the Royal Embassy, and is known to be a revolutionary socialist — will not easily consent to any other ar- rangement. At the last moment, I am informed that His Excel- lency, the Govermor of the State, has also become in- terested in the unwarranted action of the police of Auburn, N. Y., and ordered the State Attorney-Gen- eral to make an investigation. Such are the facts and situation, and I now leave it with you to decide whether the case calls for the inter- vention of your office or the Royal Embassy. Awaiting such further instructions as you may deem proper and with sentiments of the highest respect. (Signed) SCONFIETTI, Royal Agent Commissioner of Laboe John Williams in Telegram TO President of International Haevbstbk Company Alpany, N. Y., April 15, 1913 To President International Harvester Company, Chi- cago, III.: By direction of Governor Sulzer I am appealing to your company to reconsider its apparent determina- tion to remove the twine manufacturing department of its Auburn plant on account of the strike of operatives or at least to hpld, the matter in abeyance until our State Board of Mediation and Arbitration shall have made further efforts to effept an amicable adjustment. We believe an honorable and just settlement is pos- sible and we shall do everything in our power to bring about such a result. Governor Sulzer earnestly hopes 1092 Public Papers of Cioveenob Sulzeb that this request will meet with a favorable response and that you will issue instructions to your representa- tives at Auburn to suspend all preparations for re- moval and to confer with the members of the State Board of Mediation and Arbitration with a view to a settlement of the, strike and the resumption of opera- tion. Please respond directly to me or, to, Governor Sulzgr. , , (Signed) JOHN WILLIAMS, Commissioner of Labor Telegram From Wm. C. Rogers and James McManus, State Board of Mediation and Arbitration Auburn, N. Y., April 15, 1913 Hon. John Williams, Co'ftimissioner of Labor, Albany, N. Y.: Satisfactory joint conferences in rope company dis- pute promise speedy adjustment of differences. It is regretable that Harvester Company will not accept our good offices as strike in that company's twine plant would be easy to settle once the strike is over in the other mill. Harvester strike was largely sympathetic and alleged grievances could be readily adjusted on an honorable basis satisfactory to both parties if the re- ported decision to remove the twine shop to Germany could be deferred in execution. WM. C. EOGERS, JAMES McMANUS, State Board of Mediation and Arbitration MlSCEiXANEOVS ' I iM 1093 State of New York — Executive Chamber Albany, N. Y.,'' April 16, 1913 In the Matter of the Labor Troubles at Auburn, N. Y. Governor Sulzer said :>'■»' i' '«*> -^ '^^^v'- "At the urgent request of prominent citizens'of Au- burn I conferred yesterday with the Attorney-General and the Commissioner of Labor regarding the troubles at Auburn. ^it ■■" -up v "After the conference I directed the Commissioner of Labor to telegraph the Harvester Company, and the representatives of the employees, in Auburn, to the effect that I believed the existing troubles could be speedily settled, work resumed, and the necessity for dismantling and removing the harvester plant obviated. , " In reply to Commissioner Williams' telegram to the Harvester Company, ^^I received word last night from a representative of that company that they would hold in abeyance further action in order to give me an opportunity to settle the troubles. '*"^ ' ' • " i • ^ H "After consideration I have determined to order a public investigation, through the Board of '^Mediation and Arbitration. In view of this I now urge the em- ployees of the Harvester Company to return to ^ork until the investigation is completed, and then if it ap- pears that there are any grievances, or differences, be- tween the employees and the employers,, that the same be submitted to arbitration for equitable determination and settlement in the interest of justice and fair play. I have also requested the Attorney-General to*s"end a representative to Auburn to render such assistance as he can in the investigation. '''M "It is my opinion that these troubles can be ami- cably settled if the employers and the employees will 1094 Public Papers of Govbrnok Sulzer keep cool, use some comiiion sense, and exercise a lit- tle, good judgment. I shall do everything in my power to bring about a jus-t arrangement and an equitable settlement. ' > ' "As a citizen of New Yorkj interested in its busi- ness prosperity andi commercial welfare, I urge the Harvester Company not to dismantle its plant aiid re- move its business to G-ermany. Matters are not as bad as they seem. All questions in controversy can ere long be justly and fairly settled. " The friends of the employees, and the employees thfemselves, should see the necessity of being fair and doing right in their own interest. ■ I want them to return to work, and let peaceful proceedings determine all matters in cohtrdver^y; ' ' " I shall continue to' give this whole subject the careful consideration' to Miich it is entitled. " Eeport of Commissionbe of Labor John Williams, William C. Rogers, Chief Mediator, P. J. Dow- UEY, Mediator, and James A. Parsons, Deputy Attorney-General '■ State of New York — DEPARTMEisrT of Labor AtBANx, April 19, 1913 , John Williams, Commissioner Hon, William Sxjlzer, Governor, Executive Chamber, Albany, N,, Y.: Sir. — We begr leave, to submit tiie following brief re- port of progress in the matter of the effort we were directed to make to settle the strike at the Auburn plant of the International Harvester Company: Miscellaneous 1095 We reached Auburn on Thursday : morning, April lTth,iand immediately went into conference with rep- resentatives of the, company. The dismantling of the plant was then in progress. Later in the day wenwere informed that an order ihad been received to .discon- tinue dismantling. , We also had a conference with repres'entaljives of the striking employees. The outlook now is hopeful. The plant will not be moved unless our efforts are wholly unavailing. We are now examining data relating to rates of compensa- tion in the industry affected, and we shall return to Auburn on Monday, night to continue our efforts to effect an .adjustment of the trouble. Respectfully, JOHN WILLIAMS, State Commissioner of Labor , W. C. ROGERS,- Chief Mediator P. J. DOWNEY, M^ediator JAMES A. PARSONS, Deputy Attorney ^General , TEJ^EpjlAM PBOM.CjOJ^MISSIONEBiOF LaBOR WILLIAMS , ■"' ' •■AxjBTJEN, April 23, 19LS Hon. WiiiLiAM SuLZBR, Executive pharnher,, Albany, ; Late this ,a,fternoon the strikers rejected proposition for settlement s;u^m^tted to, ;t)i^ir meeting by meml()je,rs of, the. Board of A^rbitration and mysfilf in person. Wp ar,^, , c^nf |^ri;ing f ui-th^r . with represep:i^ti,yes of, the 1096 Public Papers of Gtoveenok Sulzek Harvester Company. We feel that the company has offered through us a fair basis of settlement. The out- look to-nig-ht is not reassuring, but we shall remain on the ground until it appears that our efforts prove unavailing. I am convinced that nothing could be ac- complished by a public investigation. JOHN WILLIAMS, Commissioner of Labor Supplemental Report by Commissionee Williams AND Chief Mediator William C. Eogers State of New York — Department of Labor Albany, April 25, 1913 John Williams, Com.missioner Hon. William Sulzee, Governor, Executive Chamber, Albany, N. Y.: Dear Sir. — Supplementing our joint communication of April 19th in re strike at the Twine Mill of the International Harvester Company, Auburn, N. Y., we beg to submit the following: In company with Mr. P. J. Downey of the Bureau of Mediation and Arbitration, we reached Auburn on Tuesday morning, April 22d. During that day we conferred with representatives of the company an(i of the strikers. As a result of our conference with the company officials, we prepared a formal statement of the terms of settlement which the company would agree to. In this statement we embodied the attitude of the company completely, as it was explained to us in detail by the officials. Nothing was held in reserve. Miscellaneous 1097 We secured the best proposal that we could. It read as follows : I. The mill to be operated upon a fifty -four hour a week basis. ' II. That no female employee shall receive less than eight dollars for a full week's work. III. That no man shall receive less than $9J2 for a full week's work. IV. The guaranteed minimum of $8 per week for women is based upon a general upward re- vision of piecework prices. No employee will I suffer a. reduction in wages utoder this plan* , V. All night work is discontinued for this season. VI. The company will endeavor to provide employ- ment at one or another of its local mills for those night workers who cannot be placed on the day shift at the twine mill. VII. The work of dismantling the plant and removing of machinery to Tidewater has progressed to such an extent that not more than 275 can hope to secure work within thr^e days after the mill is opened., The company will r have the machinery sent back and reset, but this will take at least two weeks, after which the full force of d^y workers will be put, to work. Employees will be given their former posi- tions without discrimina,tion. VIII. The company will continue its policy, of receiv- ing and considering complaints or grievances presented by iijidividuals or through a com- mittee of its own employees. Tuesday afternoon arrangem«; 9, 1913 The Goveknoe (Perspnal), Albany, N, Y.; City is quiet; with troops out and no cars running. Would be glad to print some wise message on subject of law and order from Commander-in-Chief of State or anj^thing else that seems good to you for news to print. AH good wishes. , ; , . (Signed) JOSLYN 1100 Public Papers of Govebnok Sulzer Reply of Governor Sulzer Albany, April 9, 1913 [Telegram] J. li/JosLYN, Editor Buffalo News, Buffalo, N. Y.: Telegram just received. Am glad to hear that everything is orderly in the city of Buffalo, and I sin- cerely trust it will continue. The State stands for law and order and the protection of life and property. No man must forget this. I sincerely hope the local au- thorities in Buffalo and tlie county of Erie will do everything in their power for peace and harmony and the enforcement of law and order. (Signed) ' WM. SULZER W. B. Fitzgerald, Representing the Street Railway- men, TO Governor Sulzer Buffalo, N. Y., April 8, 1913 The Hon. Wm. Sulzer, Governor of the State of New ' York^ Executive Mansion, Albany: (Deliver immediately.) The street railwaymen of Buffalo have been forced to strike in order to secure their American rights to organize, for a living wage and humane treatment. We have just been informed that the State troops are to be ordered out in the morning. If this is true it is for the sole purpose of assisting this arrogant com- pany and to intimidate these workmen. We have been and are still willing to submit our contentions to arbir tration. This the company have absolutely refused. In the name of labor we appeal to you against this unfair and unwarranted discrimination. (Signed) W. B. FITZGERALD, Representing the Street Railwaymen Miscellaneous 1101 Letter fbom P. J. Downbv, Mediator State pi^' New York — Department of Labor Bureau of Mijdiation and ARBiTitATioif Albany, April 10, 1913 Hon. William Sulzer, GotJPinor, Executive Chamber, J Ihany, N. Y. .- Dear Sir. — In response to your request, I desire to submit the following brief report covering the strike of street railway men in the city of Buffalo : Immediately after the strike was brought to' my attention, I went- to Buffalo and got in touch with tlie situation. I first met the representatives of the work- tnen and later met representatives of the company. Receiving information that the mayor of the city was taking an active interest in the strike and endeavoring to bring about a settlement, I deeined it my duty to confer with him. The representatives of the men informed me that the immediate cause of the strike was the discharge by the company of seventy-five men because they joined the union. Another cause of the strike was that wages and working conditions were alleged to be deplorable — that men were compelled to Avork inordinately long hours for wages ranging from $2.20 to $2.80 per day. Those receiving the maximum mentioned had to be in the employ of the company continuously for a period of nine years. A committee of employees waited upon the company and requested a conference, but their request was re- fused. The men stated their entire willingness to sub- mit to arbitration all questions involved in the dispute except the right to organize. The representatives of the company stated that the 1102 Public Papers of Goveenoe Sitlzer men left their employment on last Sunday morning without any previous notice; that the company had secured other men to take the places of the strikers, and that the reason the company was not operating its cars was the inadequate protection afforded by the city police department. They further stated that the company had nothing to arbitrate and that they re- fused to meet representatives of the men on strike upon the ground that they were no longer in the em- ploy of the company. In my conference with Mayor Fuhrmann, I sug- gested that he issue an invitation to both parties to meet at his office. Acting upon this suggestion, the mayor sent the following letters to the representatives of the company and of the striking employees : (( li E. C. CoNNETTE, Esq., President International Railway Co., Buffalo, N. Y. : Dear Sie. — I desire a speedy settlement of the present street railway situation. Therefore, I invite you as President of the International Street Railway Company and such other representatives of your com- pany as you may desire, to meet in conference a com- mittee of the striking railway employees and their representatives at the mayor's office this afternoon at 5 o'clock." To representatives of the striking employees: " Gentlemen. — I desire a speedy settlement of the present street railway situation. Therefore, I invite you gentlemen as representatives of the striking street railway employees to meet in conference a committee representing the International Railway Company at the mayor's office this afternoon at 5 o'clock." The strikers evidenced their entire willingness to meet as suggested by the mayor. Miscellaneous 1103 The Company declined in the following communi- cation: ' ' Hon. Louis P. Fuhemank,, Mayor, City of Buffalo, N.Y.: ^ ■, :. " My Deae Mayoe. — I have your letter of the 8th inst. inviting me to a conference with a committee of the striking railway employees at your office at 5 o'clock this afternoon. ' ' While I am always ready to meet you and discuss any matter concerning public interests at any time, I do not believe that, under the circumstances, I should participate in this conference. " I thank you for your efforts to assist in restoring the street car service conditions in the city and beg to assure you that this company is equally interested in restoring to the public the service to which they are entitled, and, in view of this fact, the company has sufficient men now to man their cars and operate them, when law and order prevail. Furthermore, the atti- tude of this company toward its former employees is expressed in a statement issued to the press, as follows : , ' ' ' President Connette desires to announce through the press to any and all of the former em- ployees of the International Railway Company, that he will be glad' to confer with them at any time, regarding wages and working conditions, after they have returned to Work and resumed the regular operation of the cars.' "Any effort on your part to further the restoration of service by inducing the former employees to return to work and restore the conditions as they existed a 1104 Public Papers oi' Qovjsknok Sulzek week ago, will be fully appreciated, both by the com- pany and by the XJeople of Buffalo, and you may rest assured that this company purpose then to give every reasonable consideration to any improvement in the wages and working conditions of its men. ' " Very sincerely yours, "(Higned) E. G. CONNETTE, "President " In view of the seriousness of the dispute, I have deemed it my duty to recommend to the Commissioner of Labor that a public investigation be undertaken to determine the causes of the strike in order that a proper basis of adjustment may be evolved. Respectfully submitted, (Signed) P. J. DOWNEY, Mediator Telegram from Frank A. Abbott, Former District Attorney BxjFFALo,.N. Y., April 9, 1913 William Sulzee, Governor, Albany, N. Y.: Strike, situation in Buffalo seems to me needs inves- tigation by you. Traction comi)any refuses to arbi- trate. I am familiar with tlie, situation. Citizens of Buffalo are mucli aroused. FRANK A. ABBOTT, Former District Attorney Miscellaneous 1105 Goverkor's Reply [Telegram] ' Albany, April 10, 1913 JEon. Frank A. Abbott, Former District Attorney, Buffalo, N.Y.: Your telegram just received. After conference with State officials am sending to Buffalo a representative of the Labor Department and a representative of the Attorney-Qeneral's office, to carefully look into mat- ters and to do everything possiTale to restore law and order and peace and harmony. Will continue to give the situation very careful attention. "(Signed) WM. SULZER Statement by Governor Siilzer Relative to the Enact- ment of Legislation Recommended by the Committee of Inquiry for the Regulation of the Sinking Funds of the State. Albany, N. Y., April 18, 1913 The bill introduced in the Senate to-day by Senator Frawley and in the Assembly by Leader Levy is the bill recommended by the Committee of Inquiry for the regulation of the sinking funds of the State according to its report: The provisions of the bill may briefly be stated as follows : $395,641.36, the ainount of sinking fund No. 1 in the Comptroller's office, against which there is no debt, the bonds to'which it relates having all been paid, is transferred to the general fund and made available for the general purposes of the State. In 1906, 1907 and 1908, the Legislature appropri- ated sums aggregating in the three years $12,045,000 to constitute the principal of a sinking fund for the 1106 Public Papers of GrovsisNOB Sulzeb retirement of bonds then contemplated to be issued under chapter 302 of the Laws of 1906 for canal im- provements. This money is in this sinking fund, but the bondiS to which it was, intended tp relate we;re never issued. Therefore, this money, in the form, of a sink- ing fund, has no obligations of the State to which it relates, for the State created no such obligations. The bill transf jers this money from the sinking fund to the general fund! The general policy advocated by the Committee of Inquiry of providing "annually the precise amount of interest to be paid upon each funded debt aiid the pre- cise amount of principal to make the sinking funds the proportionate part of the debt to which they each re- late, is incorporated in this measure. Following these general provisions, the bill makes specific provision for the payment into these sinking funds of the interest and proportionate principal requisite to make the sinking funds correct in the amount contained therein for the fiscal year begiiining October 1, 1913. Then the bill provides for the payment out of these sinking funds of the various items of interest which, as above stated, are required to be place^ in these sinking funds, for the payment, of that interest. The concluding sections of the bill repeal all incon- sistent ;acts and parts of acts and provide that the act shall take effect immediately. ; , ;Thus, the general plan of tlie bill may be summa- rized as follows : Sinking funds with no ouitsta,nding obligations against theni are transferred to the general fund. Surplus in sinking funds is, transf ejcred, to the general fund. Accurate pravisioij is ma^e to provide the interest ann,iially and to make th.e principal of the seyeral sinking funds thes proportionate amo.Tjnt of the Miscellaneous ikiu -,' 1107 debt for tiie retirement of which they are maintained. This is in precise accord with the Constitution and is not based upon any - of thfe peculiar amortizing plans which have heretofore been in vogue./l Thus, having provided the sinking funds with the amount necessary for the annual interest and with the amount necessary to make the sinking fund the proportionate part of the debt required by the Constitution, payment out of the sinking funds of the various items of ; interest con- tributed to it for the fiscal year is directed. The policy of this bill will place all of the sinking funds in the condition which the Constitution requires and all of the confusion' Which has existed with refer- ence to those funds, if this bill becomes a law, will be avoided." humi 'tnr< Statement by Governor Relative to Terms and Rate of Interest on State Bonds ' '"'■" ^' Albany, N.Y.,"i4pni 28, 1913 "After a long conference held to-day between my- self. Deputy State Comptroller Walsh, Mr. Lawson Purdy, Chairman of the Board of Tax Commissioners of the city of New York, and "several others, I decided to ask the Legislature to repeal Senator Frawley's bills amending the Tax Laws, giving exemption and limitations on taxable transfers, and exempting from franchise tax, State bonds — and caused to be pre- pared and to be introduced at the evening session of the Legislature, two separate bills repealing tbese acts and accompanied them with emergency messages. " It was agreed at the conference that the present provisions of the law regarding the terms and rate of interest on State bonds require immediate amendment, ,in order to permit State bonds to compete without dis- advantage with the other marketable bonds and securi- ties, at present offered for sale. 1108 Public Papers oi*' Govbbnok Sulzee " It was decided, however, that the method proposed by the Frawley bills, after consideration of all the cir- cumstances, was inadvisable and I believe we will be able to remedy the defects in the existing law, which operate adversely to the floatation of State bonds, by amendment to the present law, which will obviate the objections urged against the provisions of the Frawley measures. "It is our purpose," said Governor Sulzer, "to cause such bills to be prepared and introduced into the Legislature without delay, and, if necessary, to speed their enactment by emergency messages." The Governor further stated : ' ' My desire is to create a ready and quick market for State bonds, but it is not my intention, nor liave I any desire, to give State bonds an undue advantage which will in any way impair the marketability or value of municipal or other corporate bonds with which they must compete. Under the law as it stands at present, State bonds are placed at a disadvantage and it is my sole purpose to make them equalh^ attrac- tive as an investment as the other bonds now actively sought as investments." FULL CREW LAW Statements by Governor Showing the Necessity of the Act in Order that Human Life may be Safely Guarded in New York State, also Correspondence and Other Matter, in Relation to the Subject Albany, March 31, 1913 Governor Sulzer made public a letter addressed to J. P. Ogden of Watervliet by F. H. O'Brien, chairman Miscellaneous 1109 of the General Grievance Committee of the Brother- hood of RailflToad Trainmen, Erie System, in relation to the " Full Crew Bill." T. H. O'Brien, Wesley Tremper, George Wells, Gen. Chairman, Vice Chairman, Secretary, , Cleveland, 0* Midvale, N. J. Galion, 0. Geneeal Grievance Committee BROTHERHOOD OF RAILROAD TRAINMEN Erie System Cleveland, 0., March 21, 1913 Mr. J. P. pGDEN, 224 23d Street, Watervliet,N. Y.: Dear Si» and Brother. — For your information I quote the following message received from General Manager Stone of the Erie R. R., New York City :* ' ' I vexj much fear if the New York full crew bill passes in its present form it will result in free trans- portation to employees and their families being taken away. My s.uggestion is that you telegraph your rep- resentatives at Albany to defer passage of this bill until certain proposed modifioations can be agreed upon. I am sending you this in your own interest as much as in mine. Advise what you do." Will you please acknowledge receipt. Fraternally yours, (Signed) T. H. O'BRIEN, Chairman Albany, N. Y., April 1, 1913 Statement by the Governor : ' ' The newspapers of the State for several days have been printing "flaming advertisements protesting 1110 Public Papbhs of, GoviEiSiiroE SuLZEn against the Full Crew Bill and containing an open letter addressed to me, the principal, point in which is that the Public Service Commissions have. the juris- diction and power to order the employment of what- ever number, of men may be required to properly safe- guard the lives of their employees and of the public in the running of railroad trains. I will make a brief reply to this, I will say, ■ . i , • i ; , ' ' First — If the Public Service Commission has this power it should have exietcised it, yet it has never ex- ercised it but once, and then under protest it did order one extra brakeman to be employed on a certain run on one railroad. And if the Coimmission had exercised the pdwer- wMoh.it is claimed they possess such aip- palling accidents might be avoided as that which oc- curred only a few months ago at Corning when forty- one persons were killed. " Second — If the railroads believe that the Public Service Commission has th6' power to order more men to be employed on railroad trains', then when thei Pub- lic Service Commission undertakes to make and en- force such an order the railroads should not deny that the Commission has jurisdiction. In 'other words when they went before the Public Service Commission they should have made their utterances square with their utterances before me at the public hearing last Satur- day, and I will quote an abstract from a brief sub- mitted by Ira A. Place, an attorney for the New York Central Railroad at a hearing when this railroad was resisting an order of the Public Service Commission whibh directed that one more brakeman should be em- ployed on certain freight trains running between Dres- den and Lyons, an(i nowhere, else. . , , , . "Mr, Place iri,thi,s brjief said, in bold black ,type: Miscellaneous 1111 " 'It is submitted that the Commision is without jurisdiction to order the number of men employed on the defendant's freight trains to be increased.' . '' It is to; be jptoted tljiat ce:('tain clauses in. the Public Service Commission, Bill as originally submitted to the Assembly, conferred, clearly upon the Commission the right to regulate the number of train crews , in a case of this character, ,but that ,S)iph clauses were stricken from the, bill before it finally bjeoarae a law, , thus reiis-- ing the presumption ;thiit it, was not intended to, ponfer Sjjph, power upon the , Commission. Section 49 of the Puljlio Servipe, Commissions, La'w^, stat.es .that ' Wher- ever the Commission shall be of the opinion after a hearing, had upon its own motion or upon complaint, that the regulations, practices, equipment, appliances or service of any such common carrier, * * ■ * are unjust, unreasonable, unsafe, improper or inadequate, the- Conimission shall; determine, etc' The present question iturns upon the meaning of the words ' regula- tions ' and ' praotjqes,' and it is; respectfully sub- mitted that in view of what took place during the pas- sage of the Act as noted above, such words relate only to regulations and praqtices which indirectly concern the relations, of the. carrier with third parties in the matter of transportation, apd do not concern those mat- ters of internal management which depend entirely upon the exercise of discretion and judgment by, the carrier's officials. , , " Section 29 of the General Corporation La,w pro- vides/, that, ,' ,The affairs of, every corporation shall be managed by its Board of DijreictQrs.' , A^'d. that pro- vision has not been repealed- wh'^tti^x^directly or by imph'catiGn by any, section of the Public Service Coni- missions Act, and the defendant, therefore, submits 1112 Public Papbbs of Govebnok Sulzeb that the jurisdiction of this cause does not lie with the Public Service Commission, but the case concerns exclusively one of those matters of internal manage- ment not connected with the carrier's relation to the shipping pubUc, and accordingly not within the Com- mission's power of review of regulation. " These questions are thus briefly suggested, not only with reference to what the correct interpiretation of the statute may be, but as having a bearing upon the wisdom of the substitution by the Oommissioil, even if it has the power, of its discretion for that of the officers of the Company, charged with the respon- sibility, upon questions which relate solely to details of management. ' ' Albany, ^. Y., April 3, 1913 Statement by the Governor : " The persistence with which the Public Service Commission is represented as an agency of the State that may be depended upon to take the proper steps to safeguard the lives of passengers and employees on our railroads has led me to make an investigation as to whether railroad traffic in this State is becoming more safe or more dangerous. The Public Service Commission was organized six years ago. I have been shocked to learn that the railroads of the State killed five times as many passengers last year as they did five years ago, more than three times as many as they did four years ago, and more than twice as many as they did two years ago. " The railroads complain that the Full Crew Bill will cost a large sum of money, but do they appreciate how much passenger traffic they lose by not properly safeguarding the lives of their passengers? When Miscellaneous 1113 forty-one persons are killed in one accident many pru- dent men and women resolve not to take railroad trips except when absolutely necessary. Do the railroads appreciate how travel for recreation and pleasure might be promoted if railroads were not so dangerous? " The statistics of the Public Service Commission show that the number of passengers injured is increas- ing year by year. The number of passengers injured last year was 945. Five years ago the number was 348 and during the intervening years the total never reached more than 848 which was the total of three years ago. The figures in detail are as follows : July i, 1907, to July 1, 1908 July 1, 1908, tO; July 1^ 1909 July 1, 1909, to July 1, 1910 July 1, 1910, to July 1, 1911 July 1, 1911, to July, 1, 1912 ' ' The number of passengers killed ancj maimed by accidents is small compared with the number of em- ployees killed and injured. Last year the railroads maimed 2,690 employees, a larger total than ever known before. They killed 280 employees and only once in the past six years were so many killed. The number maimed last year was more than twice as many as were maimed five years ago. " The Full Crew Bill will be a benefit to the rail- roads as well as the public by making railroad travel less dangerous, and therefore increasing its volume. Railroad employees insist that this is true, the rail- road companies deny it. I believe the railroad em- ployees are right, and that the Full Crew Bill will do something to remove the stigma which attaches to Passengers Killed Injured 9 348 13 469 21 .848 18 656 45 945 1114 Public Papebs of Govei^noe Stjlzee American railroads of being the- most dangerous in the world. , " My attention has recently been called to another adyertisement for which the railroads-i are spending many thousands, of dollars throughout the Statie in which they , say that the Public ;Service Commission ' has ample power in this. regard .(that is,, to order ad- ditional trainmen). This power, the ;railroads have never questioned.,' I have already, proved the error of this statement by producing an abstract from one of their briefs before the Public Service Commission in which, they explicitly claimed that the Commission had no jurisdiction to order an increased number of employees on trains. And they argued at length to support this contention. .n . ..! " The railroads claim that there are no accidents that may be prevented by full crews, but the truth is that nearly all the accidents of reoeht years might be prevented by the employnaeht of more inen. Railroad slaughter is the result of having more regard for money than for human life. ' ' n-\:.AllH )i ' MlSCEllLANEOtJS 1115 Lbttbb from W. H. Tbubsdale, President Delaware, Lackawanna & Western Railboa© Company - ■:'».( ■ ■',■;, -..li,,:! ..: 'IT THE DELAWARE, LACKAWANNA & WESTERN RAILROAD COMPANY ruMi , •>f!ii<, ■lifi ■ „ '-■ ^ y.Uihil\(' •;;]; • ■;. Office of President W. H. Truesdale, President, New Ydrli^\h' '• ■ New York City, April 2, "^1913 His Excellency, William Sulzee, Governor of, the Stoite of New York., Albany, N. Y.: r •{,, Dear Sir. — We observe in tMs morning's papers your statement in explanation of your action in ap- proving the Full Crew Bill, in wMck you, in effect, say that if its requirements had been in force at the time of the accident at Corning, N. Y., in July last this very serious and distressing accident would not have occurred. il'fi' iif«i • In iriaking such statement Your Excellency was cer- tainly not familiar with the facts developed in the in- vestigation' of this case by the Interstate Commerce Coinnaission and the Public Service Commission of the Second District of the State of New York, as set forth in the reports of these two Commissions thereon. >: If Your Excelleri(}y will examine, or cause to be ex- amined, the reports referred to, you will find that there is not a suggestion in either of them that the accident in question was due to any of the trains in- volved not\being manned by a sufficient number of either trainmen or other employees. In both of these reports the blame was laid squarely and solely upon an engineer whose condition was not what it should 1116 Public Papebs oj? Govbbnok Sulzeb have been wken he wemt on duty and whose neglect caused the accident. The engineer was indicted for his criminal neglect, but was mot tried, as we are infoimedj because of some political bargain between his friends and the prosecut- ing officials of the county in which the accident occurred. We have appealed to every official who we thought inight have any influence, or whose duties were such as might lead him to correct this serious malad- ministration of justice, but all to no purpose. In justice to this company in particular, and to the railways of the State of New York in general. We re- spectfully ask Your Excellency to examine the reports of this Corning accident above referred to, and, find- ing the facts different from what you claim, that you publicly correct your statement that it was due to the trains involved being insufficiently manned. Without question, the Full Crew Law is the most un- justifiable legislation that has yet been enacted for the alleged regulation of the railways of the country; but- the management of this company feels particularly outraged that its enactment should be justified, as Yoiur Excellency undertakes to do, through a misun- derstanding of the actual causes of our Corning accident. Respectfully yours, The Delaware, Lackawanna & Western Railroad Company, By AV. H. TRUBSDALE, President MlSCELLANBOTUS 1117 The Govern OB 's Reply Statu op New Yoek -r Executive Chambeb, Albany, N. Y., April 4, 1913 W. H. Teuesdale, Esq., President, D. L. & W. Mml- road, New York City: Deak Sib. — Your letter of the 3d instant, given out to the press, duly received. You state that I said, in effect, that if the require- ments of the Full Crew Bill had been in force at the time of the accident in Corning last July, this V6ry serious and distressing accident would not have occurred. Pardon me, I did not say that, but I did say, and I repeat, " that if the Public Service Commission had exercised the power, which you claim it possesses, such appalling accidents might be avoided as that which occurred only a few months ago at Corning when forty-one persons were killed." You ask me to correct this statement because the Commission, in its report of this terrible accident, makes no suggestion that it was due to the trains' not being manned by a sufficient number of trainmen. Let me say that I did not make ndy statement as an echo of the opinion of the Public Service Commission. The work of this Commission in analyzing the cause of accidents does not in all respects commend itself to me, especially, when I learn that dtiring the six years that the Commission has been in existence acci- dents in which passengers have been killed have grown to an appalling extent. Why! I think you know. The records of the Commission show thiat in this State five times as many pas'sengers were killed last 1118 Public Papebs oi? Govebnoe Sulzee year as were killed five years ago ; three times as many were killed as were killed four years ago ; more than twice as many were killed as were killed three years ago ; and more than twice as many were killed as were killed two years' ago. The records also show an in- creased annual killing and maiming of employees. In ^dew of these appalling ifigtires I: think that the opinion of the Public Service Commission as to the cause and prevention of, accidents may reasonably be questioned by thoughtful and observant people. My opinion is that the responsibility of running fast trains with their precious loads of human freight, is too great to be entrusted to any one human being. The railroad companies insist that there is absolutely nothing for a full crew to do whose employment is re- quired under the new Full Crew law. I respectfully suggest to you and other railroad officials having au- thority, that the men required under the law recently passed be placed on our trains to see that they do not run by caution signals, full stop signals, and flagman, as did Engineer Schroeder on the fourth of last July when the Corning accident occurred. I would also suggest that it should be a part of their duties to ob- serve the physical condition of engineers when they report for duty so that men who are, unfit ;for duty may be prevented from taking charge of the trains. : In this connection I commend to your attention these words from the report of the Public Service Commis- sion concerning the Corning accident : ' ' The work of enginemen in particular is performed under conditions of stress of which theigeneral public seems to have a most inadequate appreciation. The mere observation of signals upon highi speed trains under varying conditions of light, storm and fog is a fTH.-v iM^, HO Miscellaneous itifM 1119 severe strain. The, slightest inattention while running at the rate of a mile a minute may result in the missing of a signal. A single error in observation may result in a disastrous accident." .hi • In view of this I submit that it is too much to expect that on long runs there shall never be the slightest in- attention! on ) the part of the engineer. To guard against the possibility of the slightest inattention and the possibility of a single error, the work upon which the lives of hundreds of passengers depend^ should not be entrusted to any one fallible human being. My memorandum of the new law speaks for itself. I subtract nothing from that. I know of no life and accident insurance which can be had so cheaply as that which is afforded by the Full Crew law. The responsi- bilities devolving upon the engineers of fast passenger trains are beyond all comparison the greatest imposed upon any human beings.'!- The recklessness on the part of railroad managers in insisting that these awful re- sponsibilities shall continuously devolve upon one man, and in contending that there is no occasion for hiring a second man to share these responsibilities and to see that the "slightest inattention," or a " singlfe error in observation ' ' does not result in accident, is a recklessness unparalleled in the annals of business management. ■ oJ Ht{><- •<|i I regret that the management of your company should feel outraged because I have spoken some plain truthful . words in justification of the Full Crew law, but I can assure you that the people of the State of New York, and particularly the employees of the rail- road companies, feel outraged that the railroad com- panies of the State killed last year 280 employees, 1120 Public Papees op • Governor Sulzeb maimed 6,690; killed 45 passengers, and injured 945 passengers. How can you justify this? Of course I do not complain because you take up the cudgels for your railroad. You are supposed to do that. They tell me you receive a very large salary for your railroad services. However, you should not complain if I do my duty, as I see it, to the people. They pay me a small salary in comparison to yours for doing that. The difference is just this: You are working for the railroad ; I am working for the people ; and we see things from our respective angles. You put th'e dollar above the man ; I put the man above the dollar; a human life to me is worth more than a human dollar; that is all. You tell me that the Full Crew' law will cost your company some additional dollars, and this may have something to do with your outraged feeling, but when the public recalls that your stock is selling at $415 per share, and is paying annual dividends of 55 per cent., your outraged feelings will not excite widespread sym- pathy with the traveling public and intelligent citizens. In conclusion, I advise you that I have instructed the district attorney of Steuben county to investigate the serious charges you made against the administra- tion of justice in that county, and have directed him to speedily report the facts to me for such further action in the premises as may be deemed wise and proper. Respectfully yours, (Signed) WM. SULZEE Miscellaneous 1121 Letter to Hon. Claude V. Stowell, Disteict Attorney of Steuben County Sta*e Of New York — ExECtr*ivE Chamber, Albany, N. Y., April 5, 1913 Hon. Claude V. Stowell, District Attorney' of Steuben County, Corning, N. ¥.: My Dear Sir. — ■ Your attention is respectfully di- rected to the following abstract from a letter which I have received from W.H. Truesdale, President of the Delaware, Lackawanna and Western Railroad Com- pany : " We observe in this morning's papers your state- ment in explanation of your action in approving the ' Full Crew ' bill, in which you in effect, say that if its requirements had been in force at the time of the acci- dent at Corning, N. Y., in July last, this very serious and distressing accident would not have occurred. ' ' In making such statement your excellency was cer- tainly not familiar with the facts developed in the in- vestigation of this case by the Interstate Commerce Commission and the Public Service Commission of the Second District of the State of New York, as set forth in the reports of these two commissions thereon. ' ' If your excellency will examine or cause to be ex- amined, the reports referred to, you will find that there is not a suggestion in either one of them that the acci- dent in question was due to any of the trains involved not being manned by a sufficient number of either trainmen or other employees. In both of these re- ports the blame was laid squarely and solely upon an engineer, whose condition was not what it should have been when he went on duty and whose neglect caused the accident. 36 1122 Public Papbes of Govebnok Stjlzeb " This engineer was indicted for Ms criminal neg- lect, but was not tried — as we were informed — be- cause of some political bargain between bis friends and the prosecuting officials of the county in which the accident occurred. We have appealed to every official who we thought might have any influence, or whose duties were such as might lead him to correct this serious maladministration of justice, but all to no purpose." You will observe that Mr. Truesdale brings a most sprious charge when he asserts that although Engineer Schroeder was indicted he was not brought to trial on account of some . political bargain between his friends and the prosecuting officials of your county. I write to ask that you make a thorough investiga- tion of this charge and report to me concerning it as soon as possible. I would suggest that Mr. Trriesdale be summoned to testify as to all information that has been brought to his atteiition bearing on the alleged conspiracy , to thwart the ends of justice. Yours very truly, (Signed) WM. SULZER Reply op Distbict Attobney Stowbll Steuben County, Distbict Attobney 's Office, 306-307 First National Bank Bldg., Corning, N. Y. Claude V. Stowell, Verne V. Ryon, District Attorney. Clerk April 11, 1913 In re Schroeder. Hon. William Sulzbb, Alb any, ■'N. Y.: . My Deab Sib. — I have yours of the 5th inst., rela- tive to the Truesdale charges. MiSCELLAITEOUS 1123 I took office January 1st, since which tinie I have never received any communication from Mr. Truesdale or any one connected with the Delaware, Lackawanna & Western Railroad Company, relative to the Schroeder matter. Some time ago I came to the con- clusion that the matter of the indictment against Mr. Schroeder had not been disposed of in the proper man- ner. Previous to the communication of Mr. Truesdale I had gone over the evidence in the case and deter- mined that it was a proper matter to be again pre- sented to the grand jury. A Trial Term of the Su- preme Court convened here the 7th. I secured an order from Justice Benton and the matter against Mr. Schroeder has been presented to the grand jury. They arose this p. m. and reported several sealed indict- ments. I will be able to inform you within a few days as to the indictment against Mr. Schroeder. Previous to your communication, rumors of political deals in the matter had come to my attention. It is a fact that friends of Flagman Lane and Engineer Schroeder were busy during the recent election in the interest of E. C. Smith, former district attorney, and that seven days after election, although Mr. Smith was defeated, the indictment against Mr. Schroeder for manslaughter, second degree, was dismissed at Mr. Srnith's request. I have heard other rumors relative to this matter, and will investigate same at my earliest convenience and report to you. Very truly yours, (Signed) CLAUDE V. STOWELL 1124 Public Papers of G-overnoe Sxjlzer Letter to District Attorney Stowell State of New York — Executive Chamber Albany, April 14, 1913 Hon. Claude V. Stowell, District Attorney, Corning, N. Y.: My Dear Sir. — Your letter just received and con- tents carefully noted. I wish you would keep me ad- vised regarding this matter. Count on me to aid you in every way I can in the administration of justice. Believe me, \^ery truly yours, (Signed) WM. SULZER Letter from Charles H. Knipp of Elmira,, N. Y. Charles H. Knipp, Lawyer, 124 Lake Street, Elmira, N. Y., April 14, 1913 Hon. Wm. Sulzer, Governor, Albany, N. Y.: Dear Sir. — Through the newspaper press I am in- formed that William H. Truesdale, president of the Delaware, Lackawanna and Western Railroad Com- pany, has recently written you a letter containing, among other things, a statement to the effect that the, indictment against Wm. H. Schroeder, found by thje grand jury sitting at Bath, in Steuben county in Sep- tember last, was dismissed through, or by reason of "'a political deal." I have been counsel for Mr. Schroeder, from the time the coroner's jury first took up the investigation of the circumstances of the wreck which occurred on the Lackawanna railroad at Gibson, in Steuben county, N. Y., on the 4th day of July last down to the present time, and am therefore reasonably familiar with the Miscellaneous 1125 liistory of the case, and of the facts and circiinastances loading up to the 'dismissal of this indictment, upon motion of the district attorney, at an adjourned ses- sion of the County Court of that county held in Hor- nell in November, 1912, and I wish to say that if Mr. Truesdale made the reported statement above referred to, it is absolutely false and untrue, and was either based upon misinformation, or was made with the de- liberate purpose of deceiving and misleading you as the Governor of th^s State. , If this statement has been made, j.t is a serious re- fieetio;i upon the official ooudu|Ct of a former district attorney of Steuben county, and I trust that jpu will not permit, this injustice to pass without exerting your- self to the utmoist to compel Mr. Truesdale to either produce his proof before; some proper tribunal in sup- port of the grave; charges that he has naade, or to ac- knowledge that the charge is untrue. I shall be glad to assist you in any way possible, in your investigation, and to furnish you with any in- formation possessed by me relative to the matter. I have the honor to remain, Respectfully yours, (Signed) CHAS. H. KNIPP The Goveenor's Reply State of New York — Executive Chamber Albany, April 15, 1913 Charles H. Knipp, Esq., Elmira, N. Y.: Dear Sir. — 'Your letter duly received. Enclosed I am sending ydu a copy of Mr. Truesdale 's letter mak- ing the charges; a copy of the letter I' wrote the dis- 1126 Public Papers op Goveenob Sulzeb trict attorney of Steuben county; and a copy of the letter recently received from the district attorney of Steuben county. . , I trust you will asist in any way you cari, and hope you will communicate with Mr. Stowell. Very truly yours, ( Signed) WM. , SULZER Statement by Govebnoe Sulzeb The Man Above the Dollar The Full Crew Bill, which I signed, is a meritorious measure and provides that the railroad trains running through the State of New York shall hereafter be suffi- ciently manned to conserve human life and limb. Identical bill passed the Legislature twice before, but did not meet with executive approval because it was believed the Public Service Commission had power to remedy the evils of which complaint is made. How- ever, the railroads heretofore have contended that the Public Service did not have this power and was with- out jurisdiction, : . ^ The only objection to the measure on the part of the railroads was that it would increase to some extent the cost of operation by reason of the fact that an addi- tional man would have to be employed on some of the long trains. The same objection could be urged with equal force to any improvement in the methods of railroad operation. In my opinion the conservation of human life and limb is more important to the people than a little addi- tional expense in the operation of the railroads. The State, for its own welfare, has the right to demand the employment upon the railroads of every safety ap- \.rjr-! iu Miscellaneous • <^1 -f la iH 1127 pliance, whethei' meclianical or human, in the interest of jlife and llnib and greater safety standards. Every safeguard, it seems to me, should be employed by the railroads to prevent wrecks ; to protect the prop- erty of shippers ; and to save human life and limb, not only of the employees but of the traveling public. The progressive spirit of the times demands it, and. the trend of present day legislation is all that way. The official records of the State of New York show that five times as many passengers were killed in this State last year as were killed five years ago; three times as many were killed last year as were killed four years ago; more than twice as many were killed last year as were killed three: years ago; and more than twice as many were killed last year as were killed two years ago. The records also show an increased annual killing and maiming qf employees. The peo- ple of the State of New York feel outraged that the railroad companies in New York killed last year 280 employees, maimed 6,690 employees ; killed 45 passen- gers ; and injured 945 passengers. The people believe the Full Crew Law will go far to stop this slaughter. The Full Crew Law is not unjust to the railroads, but simple justice to the railway employees and the much- concerned traveling public. The rights of the people must not be overlooked, especially in view of the ap- palling fact that during the twenty-four years cov- ered by the statistics of the Interstate Commerce Com- mission 188,037 persons have been killed, and 1,395,618 persons injured on the railroads of the United States. This is an average of 7,835 persons killed, 58,150 per- sons, injured each year, or a total of nearly 66,000 per- sons killed and injured annually. This means that for every day during the past twenty-four years 181 1128 Public Papees of G-ovEieiNOE Sulzeb persons have been killed or injured — nearly eight every hour or one every seven minutes with the regu- larity of elock work. The ravages of war pale into insignificance before these sad and silent statistics of the destruction of human life and limb accompanying the peaceful opera- tion of the railroads. Any agency that will stop it is an agency for good. Human life is more important than dividends. Surely the general welfare rises su- perior to the dividends' of the railroads. Of course I do not complain on account of the rail- road officials denouncing me because I signed this just and meritorious measure. But I assure them as the Governor of New York, that I am more interested in the Conservation of human life', than I am in the con- servation of railroad dividends. Everybody knows that railroad officials are paid very large salaries for looking after the interests of the rail- roads. The rank and file know that I am paid a small salary in comparison for looking after the interests of the people. When I became Governor I said no influ- ence would control me in my official conduct except the Influence of my own conscience and my determination to do my duty to all the people as I see the right and God gives me the light. My duty to the people in this matter was plain and I signed the Full Crew Bill, against the protests of the railroad officials, for the greatest good to the greatest number. These railroad officials are working for the railroads. As the Governor of the State of New York I am work- ing for the people. I see things from the people's standpoint and they see things from the standpoint of the railroads. The railroad offi'dials put the dollar MiSCEIiLANEOUS i 1129 above the man. I put the man above the dollar. A human life to me is worth more than a human dollar, the opinion of, the raih'oad officials to the contrary notwithstanding, , In my judgment if the railroads sufficiently equip their trains with competent crews they will have fewer accidents and less wrecks. This in the end will p!f Ove economy to the railroads and prevent them from being subjected to suits for damages and large financial losses necessarily arisingitheref rom. A year from now I undertake to say that if any atterhptis made to re- peal this humane ,Full Grew Law the railroads them- selves, in the intferest of economy, will be the first to object. WM. SULZEE STATE DAM AT TROY Correspondence on the Question Whether the Federal or the State Government Shall Build tFie Dam ^ LeTTEK FEOM LlNDlJEY M. GrARRISON, SECRETARY OF Wa'b War Department Washington, June 3, 1913 Hon. William Sulzer, Governor of Netv York, Albany, .N.Y.: ' ' My Dear Gtovernor. — Upon receipt of: the letter of Attorney-General ,'Carmody dated : April 26, 1913, in regard to the Troy dam controversy (inclosing for, my consideration a copy of his opinion upon that subject rendered May 10,- 1911), and of your telegrana of May I, 1913, in which you communicated to me your coiibur- rence with all that the Attorney-General had written 1130 Public Papebs of Gtoveknor Stjlzeb me regarding the matter, I underti)ok to make, as I promptly advised you I would do, that -thorough study of the question which it merits, not only because of its own importance but also because of the addfed distinc- tion due to the fact that the executive. authority of the State of New York has seen fit to present and urge it. The letter of the Attorney-General of New York was for the purpose of bringing to my attention the neces- sity of having decided, as soon as possible, the ques- tion whether the Federal or the State Government shall build this dam. I assumed, therefore, that the ques- tion, so far as it concerns this Department, was still an open one, but at the very threshold of my investiga- tion this assumption was proved to be incorrect. ' Tbe records of this department reveal the fact that after an extended correspondence and several conferences between my immediate predecessor upon the one hand, and Governor Dix and other authorities of the State of New York upon the other, in which, during a period of nearly a year, this matter was' presented in every possible phase, my predecessor, in a letter to GbVernor Dix dated January 19, 1912, answering the ,cpntien;tioq of the State of New York and stating the position of the Federal Governnaent, concluded as follows : ' ' I have, therefore, come to the conclusion that the War Department must carry out the mandate of Congress and proceed with the construction of the work with which it is charged, ' including the construction of the new lock and dam. ' ' This work of improvement had been undertaken, and large liabilities incurred, upon the faith of the State's action of NovemiD^r, 22, 1910, but up to the time of the above decision it ha,d been conifined to those. parts of the improvement not dependent upon the new lock and Miscellaneous 1131 dam, in deference to the desire of Governor Dix " that the work at and above the State dam should be de- ferred until Congress should have an opportunity to pass upon the proposal of the State of New York to construct a dam and lock with its own funds. ' ' But it seems that no steps were taken by the State to have the matter reconsidered by Congress. So, shortly after the decision and in accordance with his conclusion and the reasons therefor as communicated to the Governor of New York, the Secretary of War authorized the chief of engineers to instruct the district engineer to pro- ceed with the entire work with which the department is charged, including the construction of the new lock and dam in question. Work upon this lock and dam — ^ which is the center of the controversy — has in- volved the Government in large liabilities. That work was begtin immediately after the decision above re- ferred to, and has been in progress ever since, being carried out by Federal hired labor; almost all the plant needed for building this lock and dam has been secured ; the result is that on the 5th ultimo the out- standing liabilities for the work on the lock and dam in question amounted to $337,779.03, out of an original estimate of $547,100. The authorities of the State of New York have pre- sented me with no new facts and no additional reasons in support of their contention. In view of which, and of the vast liabilities incurred, it is plainly to be recog- nized as a principle of good administration that I should adhere to the former decision of this office, un- less convinced that that decision is palpably erroneous. I am not so convinced. On the contrary, and aside from that decision, considering the matter as res In- tegra and with an open mind, it is my judgment that 1132 Public Papers of Governoe Sulzee this department is not acting without authority. In coming to this conclusion I have slighted no conten- tion advanced by the State authorities. In the first place, and incidentally as I understand it, the State contends that the extinguishment of the water rights or privileges existing in connection with the old State dam and held under leases from the State, is a condition precedent written into the sitat- ute authorizing this improvement j such as would by nonfulfillment prevent any action of the War Depart- ment under the act of appropriation ; that the action by the State of November 22, 1910, was illegal and in- sufficient to extinguish said rights, and that, therefore, noncompliance with the condition contemplated by the statute precluded War Department action. Without extended argument I have to express my doubt that this mere provision of the engineer's report respect- ing the extinguishment of existing water rights, which report embodied the complete plan of improvement and for that reason was adopted in its entirety by ref- erence in the act of appropriation, was designed to constitute a condition, and I doubt that it is in law a condition, the legal effect of which if not complied with, must be to prevent the operation and object of the entire act. However that may be, there is unques- tionably sound reason for the view that the first action of the Canal Board, upon the faith of which the Gov- ernment incurred large obligations, was, regardless of the subsequent attempted recission by the new board, sufficient to justify not only the expenditures made prior to the attempted recission but all obligations entered into, or that may be entered into, and payable out of the present appropriation. The action of the Canal Board seems to me to be good as an extinguish- Miscellaneous 1133 ment of the existing leases so far as the requirements of the aet are concerned. Such was the opinion of the Attorney-General of the United States, who upon this point concluded that " You (the Secretary of War) are justified in making such further- expenditures under said ap- propriation, as the interests of the United States in the premises seem to require." Large expenditures have been made in accordance with thig view. The Government has acquired and owns the land on the two banks of the Hudson at the ends of the proposed dam; it has acquired the plant and obtained the necessary labor for the construc- tion; and is now engaged in prosecuting the work toward completion. But, as I understand it, the State does not urge this question of condition as of prime importance in itself — quite the contrary — but does so, according to the view of the State, only because it " was a step in con- summation of the purpose of the National, Government to build a dam and control the (surplus) water power," which, it is claimed, belongs to the State of New York, and cannot be yielded to, or disposed of by, the United States. This latter claim presents the crux of the sit- uation. In adhering to this view it seems to me that the At- torney-General of New York has misapprehended the actual and legal purpose of the Government. Con- gress could have made the appropriation only in thfe interest of commerce. Its primary purpose in provid- ing for this improvement has thus been declared to be for the improvement of navigation. It has deter- mined upon the method of improving the stream, and such determination is in the exercise of legislative 1134 Public Papers of Gtovebnok Sulzeb power in respect of a subject wholly within its control. All means having some positive relation to the end in view and not forbidden by some other provision of the Constitution are admissible. Having an express and unrestricted power to regulate commerce, Congress may do so without having its purposes questioned. McCullough V. Maryland, 4 Wheat. 416 ; Doyle v. Con- tinental Insurance Co., 94 U. S. 535; Chandler-Dun- bar Co. (Cases 783-786, Supreme Court of the U. S., Opinion May 26, 1913). Revenue raised merely as an incident of the exercise of such power will be shown later on to be unobjectionable from the legal point of view. Nor, as a matter of fact, if it could be in- quired into, could it be disputed that the primary pur- pose of Congress is to improve navigation, and not to create revenue. The Grovernment has entered into an extensive and expensive project, involving an expendi- ture of several millions. It has done so reluctantly, and only after the State through its executive and legislative branches had urged it for many years to undertake this improvement as a part of the State barge canal system. Such revenue as will be derived from disposing of the surplus water or power de- veloped incidentally by the project as planned will bear an almost negligible ratio to the usual interest upon such an investment. The tremendous benefits resulting to interstate and international commerce from this improvement are admitted. The primary purpose is the interest of commerce ; and the develop- ment of the water power either for the direct use of the United States, or by lease through the Secretary of War, is only an incident. The conclusion of the Attorney-Greneral of New York is based upon two other propositions which, upon the authorities, are untenable, namely: ,, Miscellaneous 1135 (a) That the State has an actual property right in the water of navigable streams -writ^in its borders which is superior, to the conti;ol of the, United States under the commerce clause of the Constitution. (b) That in disposing of the surplus wsiter power thus created the United States is exercising a function beyond its constitutional power. The proposition that a State, or riparian, can have an actual property right in the waters of a navigable stream superior to the control of the Federal Govern- ment under the commerce clause is, I think, erroneous. Admitting what is frequently said in other connec- tions, that the title to lands forming the bed and to the waters of a navigable stream is in the several States, this must be qualified in the present connection by the fact that such title is subject always to the right sur- rendered under the Constitution of the United States in the commerce clause. Such ownership is no owner- ship at all as against the constitutional power of, the United States over the functions of navigable streams. When subjected to the application of this power to the full extent the State's dominion as well as riparian ownership becomes technical and theoretical. Scranton v. Wheeler, 179 U. S. 141. Such title can give rise to no ownership of the river, and an owner under such title is not the owner of any inherent power in the falls and rapids in the part of the river so "owned." Chandler-Dunbar case, supra. The rights in the flow of the stream are in no sense those of private owner- ship. Whatever substantial property rights exist in the flow of a navigable stream must come from some right to construct and maintain works in the river es- sential to the utilization of power. Such is the origin of the right to the surplus water and water, power. Of 1136 Public Papers of (iovEU^OB Sxjlzer .such rights those of the nation are paramount. The real question, then, is as to the relative rights between the State and the Nation. For purposes of commerce the na\dgable waters of the United States are the pub- lic property of the Nation and subject to all the reiqui- site legislation by Congress, (ribbon v. Ogden, 9 Wheat. 1; Gilman v. Philadelphia, 3 Wall. 724; Cham- pion V. Ames, 188 U. S. 321. It matters little whether the United States has or has not the theoretical owner- ship in the waters or the land under them. It has what is more, the regulation and control of them for the pur- pose of commerce, and the power of Congress is su- preme over the whole subject, unembarrassed by State lines or State laws. Stockton v. Baltimore & New York K. R. Co., 32 Fed. Rep. 9 ; Scranton v. Wheeler, supra; Chandler-Bunbar Co. v. United States, supra. I cannot think that by the mere virtue of ownership of the bed of the stream, or by reason of any other ownership or control, the State has, as against the right of conservation of the flow and navigable ca- pacity of the stream as exercised in the present case, atiy ownership or superior rights in the waters of the Hudson river. In conclusion, it seems to me that the decisions of the Federal courts thoroughly establish the proposition that when water power is created as an incident to a dam erected by the United States for navigation pur- poses, such power is subject to the exclusive regula- tion, control and disposition of the United States; Green Bay Canal Company v. Patten Paper Company, 172 U. S. 58 ; and especially the recent decision of the Supreme Court in the Chandler-Dunbar Water Power case, where the court said : " If the primary purpose is legitimate we can MlSOE-LLANEOUS 1137 see no sound objection to leasing any excess of power over the needs of the government." and adverted ,to the fact that the practice is not un- usual in respect of similar public works constructed by the State Government. For these reasons, even if I were -disposed for my own guidance to question the constitutionality of the legislation, providing ;for this improvement, I should have to cqnclude upon the authorities, many of which have been carefully considered and some cited, that the Department may legally proceed with the improvement as planned. In arriving at this conclusion I am sensible of the obligation resting upon me in view of the fact that the question involves th§ hmitations of the Federal Gov- ernment in its relation to a State of the Union; but having given the several contentions advanced by the authorities of the State the most thorough considera- tion of which I, am capable I am convinced that, in the absence of modifying legislation, it is- my duty under the law to proceed with the project as provided for by existing legislation. Believe me, with sincere regards to be Very respectfully yours, (Signed) LINDLEY M. GARRISON Secretary of War 1138 Public Papebs of Goveknok Sulzeb In the Matter of the Pollution of the Croton Watershed with Reference to the Proposed Mohansic State Hospital and the New York State Training School for Boys Letter from Edward Hatch, Jr., Chairman of Merchants' Association of New York The Merchants' Association of New York, ' April 12, 1913 Hon. William Sulzer, Governor, State of .New York, Albany, N. Y.: Sib. — Permit me to direct your attention to the fur- ther pollution of the Croton watershed with reference to the proposed Mohansic State Hospital and the New York Training School for Boys, an adjunct to Ran- dall's Island Reformatory, which are about to be erected at YorktoWn Heights, WestchefetiBr county, in the head waters of the Croton water supply. Mohansic State Hospital (Lunacy) was established by chapter 57 of the Laws of 1910. Chapter 509 of the Laws of 1910 authorized the State Commissioner of Lunacy to enter into contracts for the construction of the Mohansic State Hospital at a/total cost not to exceed $2,000,000, and appropriated $100,000 for be- ginning the work. Other acts for additional appro- priations were subsequently enacted. Acting under this legal authorization 564 acres of land were secured by the Commissioners. The Mohansic Hospital site comprises two ridges with an altitude of 580 feet with valleys between and flanking these ridges. The slope is to the south and the natural drainage of the ground flows into Mo- hansic lake and Crom pond; these in time discharge Miscellaneous 1139 into Mnscoot river, wMch is a tributary of the Croton river. : The hospital site, therefore, lies within the Croton watershed and its drainage empties into one of the main sources of New York's- water suppljj. It is about thirty-six miles from New York city. The fall from Mohansie lake to the Croton river is 282 feet, and the velocity of itsi flow is so high that the outflow of the lake reaches the Croton in about six hours after traveling seven: and a half miles (following the water course). . The capacity of the hospitaly as proposed, is 3,650 persons, including patients, staff and attendants. To these may be added the families and 'friends of the em- ployees and inmates. These, togetheir with the in- inates and attendants of the' New York Training School for Boys (which' has been authorized by law) numbering some 800 to 1,000, and their families and friends, will eventually make a colony of probably 15,000 persons. The site is ideal; the natural scenic beauties of the surrounding country and its healthfulness attract many summer visitors, and from this standpoint the selection of this site by the Commissioners is to be commended, but the niore serious and important con- sideration affecting the health of a great city are para- mount. That it is a grave mistake to locate within the water- shed any institution which shall produce Over half a! million gallons of s6Va;ge daily will admit of no argu- ment. The very presence of the people in a watershed, the water of which is used for domestic puirposes, is a menace iii itself. - ; The encroachment upon the Croton watershed at many oth!er points is a' source of great anxiety to New 1140 Public Papers of G-oveenoe Sulzer York City's Water Commissioners and the cost of maintaining a proper patrol to prevent pollution is over $100,000 a year. The prohibitive price at which realty is held makes any extensive acquisition of prop- erty impracticable. There are now a few sanitariums located within the watershed, but they have been there for some time and represent a large investment ; it may be possiblie to re- move them at some future time. But with these en- tirely new schemes the Legislature should. intervene and prevent further population of this district, . and that too, before a large amount of money, is expended for these particular institutions. In defense of the establishment of these institutions within the watershed, the statement is made that water has a tendency to purify itself as it flows. This cannot be depended upon ; many epidemics can be cited as the result of this method of water purification. As further defense of the scheme it is maintained that sewage can be purified until it is cleaner than the average municipal water supply. This is a positive and well-known fact, but no matter how excellent the design or efficient the plant constructed, the mainte- nance depends upon the man in charge, who at best is fallible and all too often careless and sometimes wil- fully neglectful. The serious consequences which would follow one day's neglect of the proper opera- tion of a sewage disposal plant, which would result in carrying pathogenic germs from the patient in the hospital to the water gupply is a risk which should not and cannot be taken. Effluent from sewage dis- posal plants should, if possible, be discharged into nonpotable waters. Not only is there danger from the sewage which actually passes through the purification plant, but in Miscellaneous 1141 addition there is great danger arising from the sew- age, sputum, etc., which will eventually be scattered over the land of the two institutions and the surround- ing territory by the inmates, attendants, etc., during their walks and rambles. During winter weather, when the ground is frozen and incapable of absorbing this material, a rain or sudden thaw, resulting in the rain or snow water washing directly over the ground surface, and not through the soil, will carry this pol- luting material directly and rapidly into the Croton water supply. The Metropolitan Life Insurance Company pur- chased,, in 1910, a farm in the Croton watershed and applied to the State Board of Health for permission to build a sanitarium for the treatment of tuberculosis patients. The special attention of the officers of the Metropolitan Life Insurance Company was called to the. grave danger to the citizens pf the metropolis and the project was immediately abandoned. Recently the supervisors of Westchester county ap- plied for permission to locate a county tuberculosis hospital (also designed to be located at Yorktown Heights) "vvithin the watershed. This was defeated, notwithstanding the fact that Mr. Homer Folks, one of the health committee recently appointed by Your Excellency, strongly advocated it before the State Commissioner of Health as well as through appeals in the daily newspapers. Public sentiment against this proposition prevailed and the application was denied. We shall introduce a bill prohibiting the establish- ment of similar institutions within the watersheds (Croton and Catskill) from which New York city de- rives its water supply, and pending the enactment of such legislation we request that you instruct the State 1142 Public Papees of Govebnok Sulzeb authorities to withhold approval of the plans now be- fore them, and that no further work be done or ex- pense incurred on the aforesaid prbjects. Respectfully, (Signed) EDWARD HATCH, Jb. Chairman. Reply op Goveenoe Sulzee State op New Yoek — Executive Chambeb Albany, April 14, 1913 Edwabd Hatch, Je., Esq;, Chairman, Merchants' Asso- ciation of New York, 54 Lafayette Place, New York City: My Dbae Mb. Hatch.— Your letter duly received. I will take the matter up with the officials of the State and give all that you say very careful consideration and investigation. Am very deeply interested in- the whole subject-matter. With best wishes, believe me as ever, Very sincerely yours, (Signed) WM. SULZER Letteb peom Homee Folks Room 702 105 East 2'2d Steeet, New Yoek April 17, 1913 Hon. William Sulzee, Executive Chamber, Albany, N. Y.: My Deae Goveenoe Sulzeb. — I notice that Mr. Hatch, of the Merchants' Association, has sought to enlist your interest in preventing further construction of the New York State Training School for Boys, and the Mohansic State Hospital, on account of alleged Miscellaneous 1143 danger to the water supply of the City of New York. I was a member of the commission which selected the site for the Training School for Boys. The site is not in the water shed, but the outlet from the lake on -which it joins ultimately finds its way to the water supply. We were not so unwise as to select this site without the best expert advice. I personally consulted both the New York State Health Department and the New York City Health Department, and received from each of them the strongest assurances that they did not re- gard the establishment of the school on the proposed site as in the least degree a danger to the City of New York. In fact, the New York City representatives assured me that they would greatly prefer to have a population on the water shed in the form of an insti- tution, whose sewage plant they could control, rather than a scattered population, which is under no such organized, control as to the disposal of its sewage. The State Health Department also analyzed the various sources of water supply for this commission, and formulated rules for the protection of the water of the lake from pollution from nearby residents. The question, of course, is one for experts, and it is conceivable that experts sihould change their minds. I suppose there is no higher authority in sanitary engji neering than Mr. Eudolph Hering, who is president of the Public Health Association and who is admitted by engineers of the Department of Water Supply, Gas and Electricity, to be the head of the profession. He testified that there was not the slightest danger to New York City from the location of the Westchester. County Tuberculosis Hospital, actually witMn the limits of the water shed. The engineers of the Lederle Laboratories testified to the same effect. 1144 Public Papebs oj? Goveewoe Sulzeb I do not wish to object in any way to thte: fullest in- quiry being made, but I should like you to know that the Site Commission of- the New York State Training School for Boys secured the approval both of the New York City and New York State Health Departments, before selecting the site. I am, Sincerely yours, (Signed) HOMEE FOLKS In Relation to the Yonkers Railroad Company and the Strike of its Employees Lettee feom Attoeney-Geneeal Thomas Caemody State of New Yoek — Office of the Attoeney- Geneeal Albany, January 10, 1913 Honorable William Sulzee, Governor, Executive Chamber, Albany, N. Y.: Deae Govbenoe Sulzee. — The tie-up of the street cars in the city of Yonkers since January 1st seems to me to be. a matter of sufficient importance that I call your attention to it. The question came before me to-day upon the peti- tion of Hon. James T. Lennon, Mayor of the City of Yonkers, asking that proceedings be commenced by the Attorney-General against the Yonkers Railroad Company, to compel the company to move its cars or for the commencement of an action dissolving its charter. An action to annul the charter is the only power the Attorney-General has. Such a process I believe is too Miscellaneous 1145 slow to dispose of the question involved. Since Janu- ary Ij 1913, the Yonkers Railroad Company has run no cars in the city of Yonkers, brought about, as the rail-company claims, by a strike of its employees. Frederick W. Whitridge, Esq., President of the Yonkers Railroad Company, appeared in opposition to the petition and made a lengthy statement of the causes which brought about the strike, the principal and important part of which is that an appointment was made 'by him of a motorman from outside the city of Yonkers and that the operators employed upon the Yonkers Railroad Company declined to instruct him in the' performance of his duties and went upon a strike rather than submit to his employment. I am informed the operators justified their strike on the ground that an agreement has been in existence for some time between a former receiver of the railroad and the operators, pursuant to which all appointments made for operating the cars should be taken from a waiting list^ and that the appointment in question was made in violation of that agreement. Mr. Whitridge repudiates the agreement, but does not object to the policy of appointing operators of cars from those re- siding within the city of Yonkers. i\fr. Whitridge claims that the strike is 'continued because' of the provision in the charter in the city of Yonkers, which is as follows: " No person shall act as motorman or conductor on any street car operating in tlie city of Yonkers unless he shall have first received fifteen days' in- struction on the Various lines in the city, the last day of such instruction to be under the super- vision of a competent instructor, who shall certify to the fitness of any applicant." 1146 Public Papers oe Goveenoe Stjlzer It is claimed by the president of the road that this provision prevents employment ; of outside motormen and conductors, and thereby results in a tie-up. In view of this remarkable state of facts, where the appointment of a single man, in violation of what is conceded to be a proper policy, has brought about a strike which results in a tie-up of the, whole street car system of the city of Yonkers and the great incon- venience of its 90,000 people, and in view of the neces- sity of prompt and effective action for the purpose of putting an end to tMs intolerable condition I desire to call Your Excellency's attention to the provision of section 51 of the Public Service Law which gives to the Public Service Commission ample power to start pro- peedings to compel the railroad to move its cars. The Public Service Commission may make such orders as to them seem suitable, reasonable and necessary to compel the company to furnish traffic and freight transportation to its patrons. Section 56 of the Public Service Law imposes a pen- alty of $5,000 where a corporatiojn fails to carry out an qrder of the Public Service Commission. Every day of violation is a separate offense, I bring the matter to Your Excellency's attention, not for the purpose of at all reflecting upon the Public Service Commission, but in view of the crisis that exists, believing that more prompt and efficient action may be brought about by this course. Very respectfully yours, (Signed) THOMAS CARMODY Attorney-General Miscellaneous 1147 Letter of Governor to Public Service Commission, Second District State of New Yobk — Executive Chamber Albany, January 11, 1^3 To the. Honorable The Public Service Commission, iSBQOfND District, ^i6a«i/, ^T. r.; , GrBNTLBMEN. — I beg to hand you herewitli a copy of a letter this day received from the Attorney-General relative to the pending tie-up of the street cars in the city of Yonkers. I respectfully request that your Hon- orable Board take immediate action in the matter to compel the Yonkers Street Railroad, and any other company or persons that may be interested, to run and operate street cars in the city of Yonkers for the ac- commodation of the citizens. Your attention is directed to sections 51 and 56 of the Public Service Commissions Law, under which, as I am advised by the Attorney-General, you have ample and sufficient authority to correct the existing intoler- able conditions. I request that you make report to me of your action in this matter, as soon as practicable. Very respectfully, (Signed) WM. SULZER In the Matter of Dr. Eugene H. Porter, State Commis^ sioner of Health Statement by 'Governor on the Continuation of Dr. Porter as Commissioner of Health in the .Important "Work op Reorganizing t^e Depart- ment Under the New Law " It is gratifying to announce, ' ' said Governor Sulzer, '' that Dr. Porter has informed me that he iwill continue in charge of the very important work of re- 1148 Public Papeks Of Gtovernob Stjlzbb organizing the State Department of Health under the new law which I had passed in the last session of the Legislature. ' * Dr. Porter is peculiarly qualified for these duties, and to do the work of this very responsible office. '* I stated at the beginning of my term that there should be no politics in the Health Department. I meant it. No agency of the Grovernment comes nearer home to every man, woman and child in the State than the Health Department. " Early in my administration I appointed a high class commission to investigate health matters. This commission did a great work, and made a masterly report on the subject-matter, which I sent to the Legis- lature, together with a bill to carry these recommenda- tions into effect. ' ' The bill became a law, and with the Health Council recently appointed by me and the continued efficient service of Dr. Porter, I feel confident much good will be done in the next few months to improve health con- ditions in our State and minimize the death rate among the people. " To that end," said the Governor in conclusion, ' ' we shall all work together for greater improvement in health matters. Dr. Porter and the Health Council certainly have a splendid agency at their command in the new Health Law to this accomplishment."' To Enforce Law Relative to Gambling- May 6, 1913 Governor Sulzer on this date sent the folldwing letter to Hon. Chas. T. DeMott, Sheriff of Nassau County. Hon. Geo. Emener, Sheriff of Queens County. Miscellaneous 1149 Hon. Chas. B. Law, Sheriff of Kings County. Hon. Julius Harburger, Sheriff of New York County. Hon. Chas. N. Wysong, District Attorney of Nassau County. Hon. Matthew J. Smith, District Attorney of Queens County. Hon. James C. Cropsey, District Attorney of Kings County, Hon. Chas. S. Whitman, District Attorney, New York County. Hon. Bhinelander Waldo, Police Commissioner of the City of New York. Dear Sir. — Information having been brought to my attention that horse racing will shortly be renewed in your county, I hereby direct you to take all necessary measures and precautions to renforoe the laws ; to use all the means within your power and authority to secure the strict enforcement of the laws in regard to gambling, or any other illegal, unlawful and improper practices or acts, relating to poolselling, bookmaking, or any other kind of gambling ; and further to prevent all wagers, bets, or stakes, made to depend upon any horse race, in the nature of gambling within your county. , . Your attention is specifically dir^eted to Article I, section 9 of the State Constitution, and to Article 88 of the Penal Law, entitled " Gambling;" especially under said article, to sections 986, 991 and 997 of the Penal Law. You will be held strictly accountable for the per- formance of your duty in the premises. Very truly yours, (Signed) WM. SULZEE 1150 Public Papbes of Govebnoe Sulzeb The Goyernor received the following replies : Feom Police Commissioner Rhinelandee "^aldg Office of the Commissiqneb . ,, ;: May 7, 1913 Police Depaetment [sealJ City of New York His Excellency William Stjlzbb, Governor, State of York, Albany, N. Y. : Sib.— I have the honor to acknowlfedge ' receipt ' of your letter of May 6th, with refel-ence to the resump- tion of horse racing. This matter will 'be given every attention. Very respectfully, (Signed) R. WALDO Police Commissioner '• Feom District Attorney Matthew J. Smith, Queens County District Attorney's Office, ■Queens County, N. Y. Long Island City, May 7, 1913 Matthew J. Smith . : District Attorney His Excellency William Sulzeb, Governor of the State of New York, Albany, N. Y.: HoNOBABLE AND Dbar Sie. — :I beg respectfuUy to ac- knowledge receipt , of , your letter of the 6th instant relative to the enforcement of the law regarding gambling, , and I assure you that you may with full Miscellaneous 1151 confidence rely oh me doiiig my duty in the matter. I have ha,d, tjtie matter under advisement >vith a view to seeing that thp, law shall be strictly complied with. RespecJ;fiilly yours, (Signed) MATTHEW J. SMITH " ■ District Attorney, Queens County From Distbigt Attorney Charles N. Wysong, Nassau :.:.-.■ :.' 1 County District Attorney's Office Nassau County, N. Y. MiNEOLA, Mai/ 8, 1913 Charles N. Wysong District Attorney Charles T. McCarthy Assistant District Attorney Hon. William Sulzer, Albany, N. Y.: Dear Sir. — I have your letter of May 6th relative to the possible infringement of the law at Belmont Park during the June meet. It will give me great pleasure to co-operate with you in the enforcement of the law, and with the other officials chatged with that duty. Yours very truly, (Signed) CHARLES N. WYSONG District Attorney, 1152 Public Papeks of Govehnok Sulzek From- Shebifp Charles B. Law, Kings County Office of the Sheriff of Kings County 186 Remsbn St., Borough of Brooklyn New York City, N. Y. Charles B. Law Sheriff Hon. William Sulzer, Governor of the State of New Yor1c,Alham.y,N.Y.: Dear Sir. — Your letter of the 6th instant, stating that it has been brought to j'our attention that horse racing will shortly be renewed in my county and di- recting me to take all necessary measures and pre- cautions to enforce the laws concerning gambling, has been received. Kindly permit me to say that this office will do its full duty in the matter. Very respectfully yours, (Signed) CHARLES B. LAW From District Attorney James C. Cropsey, Kings County District Attorney 's Office — County of Kings Brooklyn, N. Y., May 8, 1913 James C. Cropsey District Attorney Hon. William Sxtlzer, Governor, Albany, New York: Dear Sir. — Your letter of the 6th instant, calling my attention to the fact that it is reported that horse racing will be renewed shortly in this county and di- recting me to take all necessary measures and precau- tions to enforce the laws in regard to gambling or other illegal, unlawful and improper practices or acts relat- ing to pool selling, bookmaking, or any other kind of Miscellaneous ■< 1153 gambling, and to prevent all wagers, bets or stakes, made to depend upon any horse race, in the nature of gambling Avithin this county, and calling my attention to article J, section 9 of the State Constitution and to article 88 of the Penal Law, and especially toi se^ions 986, 991 a»d 997 thereof ,apd adding that I will, be beld accountable for tbe performance of my duty in the premises has been received. The matters in question will receive attention and I beg to assure you that I will endeavor to faithfully perform my duties, with reference tbereto. Respectfully, JAMES C. CROPSEY District Attorney The Governob Received a Lettee from Arthur 3bis- BANE, Editor op the Evening Journal, and Re- plied AS Follows State of ■ Mew York — - Executive Chamber Albany, Mat/ 27, 1913 j^BTHUR Brisbane, Esq., Editor of theEvening Journal, New YorJc City: j My Dear Mr. Brisbane.-— Your letter and editorial just received. I have kept in touch with the good work you are doing to stop gariibling on the race tracks, and you certainly deserve commendation. I am just as much opposed to gambling oil the race tracks as you are, and will rigidly enforce the laws of the State with- but fear or favor. To that end I wrote a letter to the district attorney and the sheriff of the various counties in and around Grreater New York. A cppyof Has letter was given to the press and publish^^.in naost of the newspapers. 37 1154 Public Papees of Gtoveenoe Sulzee However, I think the Evening Journal did not pub- lish it. The letter to the sheriff and the dis'trict at- torney of Nassau county is as follows: ■i-iU " Deae Sie.— Information having been b'rdtight to my attention that horse raciig will shortly be renewed in your county, I hereby direct 'you to take all necessary measures and precautions to enforce the laws; to use all the means within your power and authdrity to secure the strict enforce- ment of the laws in regard to gambling, or any other illegal, unlawful and improper practices or acts, relating to pool selling, bookmaking or any other kind of gambling, and further to prevent all wagers, bets, or stakes, made to depend upon any horse race, in the nature of gambling within your county. " Your attention is specifically directed to ar- ticle 1, section 9 of the State' Constitution, and to article 88 of the Penal Law, entitled. ' gambling ; ' especially under said article, to sections 986, 991 and 997 of the Penal Law. " You will be held strictly accountable for the performance of your duty in the premises." The answer I received from the district attorney of Nassau county is as follows : " Deap Sie. — I have your letter, of May 8th relative to the possible infringement of the law at Belmont Park during the June meet. It will give me great pleasure to co-operate with you in the enforcement of the law, and with tiie othier offiqials charged with that duty." I hope you can publish these letters. I shall adhere tenaciously to just what I said in them, and if there is Miscellaneous 1155 any gambling on the Belmont Park race track, or any violation of the law, I shall hold these officials respon- sible and promptly take such action in the premises as I am authorized to do. by virtue of the laws of the State. Hope you will continue to relax no effort in the good cause. You and all friends of law and order can count on me to do my duty." There must be no gam- bling on the race tracks, or anywhere else in the State. The law is supreme and must be obeyed by all. With best wishes, believe me, Very sincerely yours, WM. SULZER XII PART 2 niSCELLANEOUS (Extraordinary Session) [1157] XII PART 2 MISCELLANEOUS (Extraordinary Session) Relative to Violations of Law on Race Tracks, Being a Continuation of Correspondence During the Regular Session of the Legislature Letter to Disteict Attoeney Chaeles N. Wysong, Nassau County State of New Yoek — Executive Chambeb Albany, June 18, 1913 Hpiii Chaeles N. Wysong, District Attorney, Port Washington^ N.Y.: Dear Sie. — I call your attention to the article in this morning's New York American relative to violations of law on the Belmont race track, and- request that you investigate this niatter without delay with every agency at your command, and advise me promptly what steps you are taking in the premises. As I have advised you heretofore, there must be no gambling on the race tracks in your county. I Shall hold you strictly accountable for the rigid enforce- ment of the laws. I have heard nothing from you re- garding the letter I directed Mr. Taylor, counsel to the Governor, to send you several: days ago. You musit act quickly on the charges of Mr. Brisbane in the New York American and the New York Evening Jott^taZ. Let me hear from you as to what action you have taken, if any, and what you contemplate doing, if i anything. I shall expect an answer to this letter Thursday. . Very truly yours, (Signed) WM, SULZER [11&9] 1160 Public Papebs of-Goveknor Sulzeb i v; ■■( Eeply of Distbict Attorney Wysong, Nassau County District Attorney's Office Nassau County, N. Y. MiNBOLA, JiMe 18, 1913' Hon. Wm. Sulzer, Alhany] N. Y.: Dear Sib. — Your letters are sent to Port Washing- ton,- eonseq^uently, there is a delay in my getting them. My official address is Mineola, N. Y. Eelativeto the letter I received from Mr. Taylor, I beg to advise you that I answered it by telegram yesterday. Yoii' cannot be nearly so interested in seeing that no violation of the law occurs at Belmont Park as I am, therefore, I think you can count upon me ftilly to co-operate with you, and to carry out your wishes to the full exterit of'the law. In the matter of the Brisbane charges I have to in- form you that we have no grand gury in this county until October, but I have arranged; with tjie county judge? to sit as a committing magistrate and to hold a John Doe proceeding to investigate fully the Bris- bane charges. The hearing is set for Thursday morning, June 19th, when I expect to have present, Mr. Brisbane, and such officers of the Burns detective: agency as I can get hold of. You will notice from the reports that the names of the operators who got- this alleged; evidence are not given. Mr. Brisbane showed a disinclination to aid me in prosecuting these alleged offenders in any way. In a telephone communication with him early on Monday morning he promised that! would have a copy of this Miscellaneous 1161 information and that you would have a copy prior to publitoation. I did not get it, however, until after the newspapers were out. I personally attended at the racetrack yesterday, and am able to say from personal observation, that there was no open and public gambling on the track. There was one fellow who passed some money, but it is doubt- ful to my mind whether they have sufficient evidence against him tp, prosecute. Yours very truly, ,,,, . , ( Signed), ' ,CH4,EL1JS N.. WYgONG ,,.;j .,,,I)i$frictAUorneyi. Letter to District Atxobney Wysong, Nassau County .: . June 24, 1913 Hon. Charles N. Wysong, District Attorney, Nassau County,'Mineola, New Fork: "' Dear Sir.— I have received a copy of the testimony adduced before Judge Neimann, taken on June 19th to 21st, inclusive, relative to gambling at Belmont Park and Piping Ko©k race tracks, and beg to advise you that from my examination of this evidence, it is very clear to my mind' that the' statutes of the State, cover- ing the subject matter, have- been openly violated; It is my purpose, as I have already advised you, to require and insist upon a strict enforcement of the statutes which prohibit gambling; I haye alreacJ^ referred you specifically to 'certain sections of the Penal Law, and desire at this time to again cair your attention particularly to Section £173 of the Penal Law, which, among other things, provides : .f,^.''Any corporatioff,, qr ^association or fffe ,offi,cer^. thereof, or any copartnership or individual, who 1162^ Public Papees of Gtovebnor Sulzee keeps a room, shed, tejit, tenement, booth, build- ing', float or vessel, or any other enclosure or place or any part thereof, used for gambling or for any purpose or in any manner forbidden by this article, or for making any wagerp or bets * * * or being the owner or, a;geiit knowingly holds, or permits, the same to be so usecl, is guilty of a mis- demeanor. ' ' , , , , , My attention has been called to the fact that in cer- tain editions of the Penal Law, for example in Cook's 'Criminal' Code (24th Ed. 1912'), this statute is incor- rectly printed. It there appears as follows : ''Any corporation or association or the officers thereof, or any copartnership or individual, who keeps a room, shed, tent, tenement, booth, building, flo^t or vessel or any, other enclosure or place or any part thereof, to he used for gambling, etc." Chapter 487 of the Laws of 1910, which took effect September 1, 1910, amended this section in two very important particulars : (1) It omitted the words " to be; "and- (2) inserted the words "or in any other en- closure or place." I deem that you. will agree with me that uncontra- dicted evidence is now in your possession, which shows a violation of section 973 of the Penal Law, as it now stands upon the statute books, and that for such viola- tion, the corporation, or association, or the officers thereof, or any copartnership or individual who keeps or maintains the inclosure or place or any part thereof, where the gambling takes place, is guilty of a misde- meanor. I respectfully request and direct that you take im- mediate action againist the proper individuals, corpo- Miscellaneous 11G3 rations or associations who have violated the law in this, or in any other particular, and as I have before advised you, I shall hold you strictly accountable for the performance of your duty in this respect. I also beg to advise you that it has been called to my attention that further and conclusive evidence exists that gambling has occurred at the pl^es stated, and should you deem it essential that further evidence be secured, upon request I shall furnish you with the names of additional witnesses, whose evidence you can obtain through proceedings similar to that which were instituted as above stated before Judge Niemann. Kindly advise me at your earliest opportunity of what action you have taken in the premises. ', Yours truly, (Signed) WM. SULZEE CoNCEKNiNG Gambling AT Belmont Eace Teack, Grov- EKNOR SULZEK SeNT THE FOLLOWING COMMUNICA- TIONS TO-DAY, June 24, 1913 State of New Yoek — Executive Chambee Albany,, June 24, 1913 Hon. Charles N. Wysong, District Attorney, Nassau County, Mineola, L: I., N. Y.: My Dear Sir. — I am; directed by Governor Sulzer to advise you that Eev. William Sheaf e Chase, of 481 Bedford avenue, Brooklyn, will call upon you during the next few days, and submit to you a list of names of witnesses, who will be able to give you evidence 'of the fact that gambling has taken place at the Belmont Park and Piping Eook race track courses. ' Very respectfully, (Sighed) VALENTINE TAYLOE) ,( i , Counsel to the Governor 1164 Public Papers oe' Govubnok Sulzek State of New York — Executive Chamber Albany, June 24, 1913 Hon. Charles de Mott, Sheriff ,< Nassau County, Min- eola,L.I.,N.Y.: ■■'■• Dear Sir. — I inclose copy of a'letter which. I have this day sent to Hon. Charles N. Wysong, district at- torney of Nassau county, for your information and consideration. I again advise you that I shall hold you strictly re- si>olisible' for any violation of the law in regard to gambling within your county, aiid request that you make report to me at once of what actions or precau- tions you have taken to enforce the law in this respect. Awaiting your early reply, I remain; Yours truly, (Signed) WM. SULZER Letter from Sheriff De Mott, Nassau Oounty Charles T. De Mott, Shepxff of Nassau; Oouk.ty MiNEOLA, N. Y., June 26, 1913 Hon. William Sulzbr, Governor, State of New York, Albany, N. Y.: Dear Sir. — ^Your favor of the 241;h instant, in which you advise me that you will hold ine strictly respon- sible for any violation of the law in oregard to gambling within my county, and request that I make report to you at once of what actions ' or precautions I have taken to enforce the law is at band. In reply I would respectfully state that I, have twenty-eight deputy sheriffs on duty at the track, and have instructed them, to immediately take into custody any person making book on the races, and to keep a sharp lookout that no book-making takes place. Miscellaneous 1165 I also cover the grounds very thoroughly in person, and can assure you that anyone violating the law will be immediately taken inito custody. In s^ddition to my deputies t*he Westchester Racing Association has also a large staff of Pinkertdn detec- tives employed to see that the law is not violated. In view of the decision of the Appellate Division of the Supreme Court of this department, and the opinion of the county judge of.i^assau county I think you will agree with me that I am not justified in ar- resting any person not a professional gambler, for making an oral bet with a friend. , I note what you say in regard to the crimin£|,l lia- bility of the corporation associations or the officers thereof, conducting the race meeting. I ujidersta^d that the district attorney intends to start proceedings against the officers of the association. , Upon the issuance of a warrant to me by the proper authorities for the arrest of any officers of the associa- tion I will execute it at once. If there is anything more that you can suggest that I can do to obey the law as the courts interpret it, I will be glad to obey your wishes in the matter, I beg to remain, Yours respectfully, (Signed) CHAS. T, DE MOTT Sheriff of Nassau County 1166 Public Papeks of Governor Sulzeii Letters from District Attorney Wysong, Nassau County District Attorney's Office MiNBOLA, June 26, 1913 Hon. William Sulzbr, Governor of the State of New York, Albany, N. Y.: Sir. — Your letter of June 24th has been received and the matters therein contained vs^ill have my im- mediate attention. I assume you have received my letter containing a copy of Judge Niemann's opinion before this. Might I suggest to you that the Legislature novi^ in session could pass a law similar to section 17l2 of the Penal Law, which would make it very easy to prevent booltmaking of any sort or description. Section 1712 provides as follows : ' ' A person who bets, stakes or wagers money or other property, upon the result of such fight or en- counter, or who holds or undertakes to hold money or other property so staked or wagered, to be delivered to or for the benefit of the winner thereof, is guilty of a misdemeanor." By substituting. the w'ords " horse race " for " fight or encounter ' ' ohr burden would be comparatively light. Very truly yours, (Signed) CHARLES N. WYSONG District Attorney MiSOELLANEOTJS 1167 District Attobney's Office Nassau Couitty, N. Y. MiNEOLA, June 30, 1913 Hon. William Sulzer, Albany, N. T.: Dear, Sir.— Qanoii CJiase, accompanied by Mr, S^aim,i;ieliMarcus, a,^torney f.or , the Society for the Preven- tipn of .Qrime,jand Mr. Bar^^r, superintendent pf the same society, called upon me and presented to me, this morning, ,t]^je eyidence he was .able to, collect through the agency of the Society for the, Preyention of Crime. The evidence is now being analyzed, ajid if. possible, a f onji pf actipii will be taken which the gentlemen above mentioned have agreed with me will be the most effica- cious. I shall be very glad to advise you so soon as the action is taken. Yours very truly, (Signed) ' CHARLES N. WYSONG District Attorney Ijetteb prom Valentine Taylor, Counsel to the Gov- ernor, TO District Attorney Wysong in Reply State of New York — Executive Chamber Alban-^, July 1, 1913 Hon, Charles Ni Wysong, District Attorney Nassau County, Mineola, Long Island, N. Y.: Dear Sir. — Governor Sulzer directs me to advise you that he has given consideration to your suggestion that the present law relating to gambling be amended, and has concluded that the law in its present form is sufficient, if properly enforced; to prevent gambling within your jurisdiction. , I am further directed to request that you furnish 1168 Public Papers of Govebnoe Sulzeb this Department with a copy of any and all testimony you may secure which may be submitted to you by Rev. William S. Chase, of Brooklyn, or by any other person, concerning this subject matter. The Governor expects you to take the necessary action to rigidly and promptly to eiiforce all pro- visions of existing law, to the end that gambling be prohibited within your county and violators of the law be speedily punished. Awaiting yoiir early reply, I beg to remain. Very respectfully, (Signed) VALENTINE TAYLOE Counsel to the Governor Reply or District Attorney Wysong District Attorney's Office Nassau County, N. Y. MiNEOLA, July 23, 1913 Charles N. Wysong District Attorney Mason Trowbridge , ; Assistant District Attorney Valentine Taylor, Esq., Counsel to the Governor, Albany, N. Y. : Dear Sir. — I have your letter of July 21st, and in reply to you would state that no additional evidence has been presented to me since my letter to you of July 3d. I will again state to you that all evidence adduced will be presented to the next grand jury. What method would you suggest that we pursue in order to close the track? Very truly yours, ( Signed) CHARLES N. WYSONG > ' District Attorney . Miscellaneous 1169 Reply of Valentine Taylor, Counsel to the GOVEBNOB i State of New Yobk ^Executiye Chambeb Albany, July 25, 1913 ■ Valentine Taylor Counsel id the Gomf nor ' Hon; Charles N. Wysong, District Attorney Nassau CQunty, Mineola, N. Y.: ,..X>EAR Sir.— Xpu^;_jl,e|;)t^r;d^ted July 23, 1913, rec^i+y.ed BLT^d. coot^nts duly i Ji-Qt^d. , ; , It is respectfully suggested that you follow any legal method or course within your discretion thiit will be effective to close th,e i^i^ce track. , Very respectfully, . , (Signed) VALENTINE TAYLOE (Jojmsel to the Governor In Relation to Race=track Gambling, Saratoga County GOVEBNOE SULZEE IsSUED THE FOLLOWING LeTTEBS TO THE Officials- of Saratoga" County Concerning Horse Racing ' To. Lawrence ^. MgKelvey, District Attorney State of New Yjobk — Executive Chambeb Albany, JtiZj/; 23y 1913 Hon. Laweence B. MpKelvey, District Attorney , Sara- toga County, Saratoga Springs, N. Y .: X)B^b Sir. — Information having been brought to my attention that horse racing will shortly be renewed in your county, I hereby; direct you to take all nec'essary measures iaj^dpreeaijtions to enforce th^ laws; to ijse 1170 Public Papers of Goveenoe Sulzeb all the means within your power and authority to secure the strict enforcement of the laws in regard to gambling, or any other illegal, unlawful and improper practices or acts, relating to pool-selling, book-making, or any other kind of gambling ,: and further to prevent all wagers, bets or stakes, made to depend upon any horse race in the nature of gainbling within your county. Your attention is specifically directed to article I, section 9, Of the State Constitution, and to article 88 of the Penal Law, entitled "Gambling;" especially under said article, to Sections 986, 991 and 997 of the Penal Lalw. You will be held strictly accountable for the per- formance of your duty in the preriiises. Very truly yours, (Signed) WM. SULZER To Clarence L. Geippen, Sheeipp July 23,' 1913 Hon. Clai^ence L.Grip^en, /Skeriff , Saratoga County, Corinth, N.Y.: ,,■;,;: Dear Sir. — Inf orttiation haying been brought to my attention that horse racing will shortly "be renewed in your county, I hereby direct you to take all necessary meaisures and precautions to enforce the laws; to use all the means within your power apd authority to secure the strict enforcement of tte laws in regard to gambling, or any other illegal, unlawful and improper practices or acts, relating to pool-selling, book-making, or ainy Other kind of gainbling; and further to prevent all wagers, bets or stakes, made to depend upon any horse race in the nature of gambling within your county. :, ! Miscellaneous 1171 Your attention is specifically directed to article I, section 9, of the State Constitution, and to article 88 of the Penal Law, entitled " Gambling; " especially under said article, to sections 986, 991 and 997 of the Penal Law. You will be held strictly accountable , for the per- formance of your duty in the premises. Very truly yours, (Signed) WM. SULZER Reply of Distbict Attobney McKelvey July 26, 1913 Hon. William Sulzeb, Governor of the State of New York, Capitol, Albany, N. Y.: Deab Sib. — I acknowledge receipt of yoiir communi- cation of July 23d, addressed to me as the district attorney of this county, and have given the suggestion therein contained that careful consideration which the importance of the subject merits. I have had in mind for some time the various consti- tutional and statutory provisions to which your letter calls attention, and hav6 made plans which I believe will prove adequate to meet the situation and result in the proper enforcement of the law. It is my purpose to enforce these laws, as they are written, to the extent of my power and understanding ; and it is my hope that the work of the district at- torney's office of this county may commend itself in this, as in all other respects. Appreciating the suggestion contained in your valued communication, and assuring you that any fur- ther directions will be accorded prompt attention and careful consideration, I am Yours very respectfully, L. B. McKELVEY 1172 Public Papers of Goverkob Sulzke Reply of Shbbipf Geippen Shebiff.'s Office,, Sabatoga County Ballston Spa, July 26, 1913 To his Excellency, the Governor, Albany, N. Y.: Sib.— Your letter of July 23d is received. Periait me in reply to say, that it has lieen my intention to, and I will take all riecessa'ty measures and precautions to enforce the laws, within the county of Saratoga, and to use all mean^ within my power and "authority to secure the strict enforcement of the laws in regard to gambling, or any other illegal, unlawful and improper practices or acts, relating to p6ol-selling, bookrmaking, or any other kind of gambling, and further to prfevent all wagers^ betSi or stakes, jnade to' depend, upon any horse race, in the nature of gambling within said county. I shall be very glad to receive suggestions from you at any time, as to the method of the perforpiance of my duty in this respect, it being my intention and desire to co-Operate with you fully injthis respect. Very respectfully yours, ( Signed) CLARBNGE L. GEIPPEN ; Sheriff of Saratoga County ■ MlSCEliLANEQUS 1173 In Relation to the New York State Nautical School, as Provided \>y Chapter 322 of the Laws of 1913 GOVEBNOB StJLZEB EeCEIVED A LetTER FEDM THE HON. JosEPHUs Daniels, Secbetaky of the Navy, Ask- ing IE th;e Sbbvices op the " New'pobt " (HilEB- TOFOEE Used by the Natttioal School, Maintained BY THE BOABDi OF EDtTCATION OF THE CiTY OF NeW Yoek) aee Still U'egently Needed by the State .Grovernor Sulzeij replied,. as follows: State of New Yoek — Bxecxttiv^ Ohambee Albany, Jilly 9, 1913 To the Honomhlfi, Josephus Dan;iels, Secretary of the Navy, Washington, D. C,: Sib. — I kave received your letter of the 23d ultimo, asMng wliejther .or not the services of the;" Newport " as a nautical school ship are still urgently needed. In reply, permit me ,to inform you that qhapter 332 of the Laws of 1913 of this State, provides for the. maintenance of I a school for the education of pupils from;th& various counties of the State in the science, and practice of navigation. It is also provided that in the event of the Board of Education of the City of New York decidiiig. to discontinue the. New York Nau- tical School and notifying the Governor of such in- tention apd thci purpose of the city of New York to transfer to tl^e Stajte the present |training ship ".Newport,". , the Governor sh,all appoint a Board of Governors,, to consist of the Commissioner of Educa- tipn and eight appointed members, to conduct a new school, to be known as th^ New York State Nautical School. 1174 Public Papeks op GtoveAnor Sulzeb The course of action suggested in the law has al- ready been followed by the Board of Education and myself. I recently received from the Department of Education, of New York city, a report, resolutions adopted by that body, and a letter, of, which the fol- lowing are copies : To the Board of Education. — The executive com- mittee on the Nautical School respectfully reports that chapter 321 of the Laws of 1913, entitled "An act to amend the Greater New York charter, in relation to a nautical school," amends section 1157 of the Grreater New York charter so as to give the Board of Educa- tion of this city discretion in the matter of providing and maintaining a nautical school, and that chapter •322 of the Laws of 1913, entitled "An Att to provide for the maintenance and government of a school for the education and training of pupils from the various counties of this State in the science and practice of navigation, seamanships S'team and electrical engineer- ing," authoriizfes the establishment and maintenance of the New York State Nautical School, provided that the Board of Education of the City of New York de- cides to discontinue the nautical school no\y main- tained by it and notifies the Governor of its intention, etc. The Board of Education on January 22, 1913, adopted the following' resolution : . ; Resolved, That the Nautical School maintained by the Board of Education of the City of New York be discontinued on and after October 31, 1913, and that the proper steps be taken to return to the United States Government the gunboat Newport, now used for the purposes of the Nautical School, the same MiscEiiLAjsruous 1175 beiijg CQupled with, a resolution requesting the Cor- poration. Counsel to take steps toward the amendment 9jf section, 1157 of the , chaijter sul:?s,tan,tially as above set .forth. ' The committee submits for adoption the foUowfng resolutions: Resolved, That the Board, of. Education of ,the City of New York hereby declares its intention to discon- tinue the New York Nautical School on October 31, 1913, and, .its purpose to .transfer to the State the Training Ship ISIewport and the equipment now used by said school, consisting of books, charts, instru- ments, apparatus and supplies. Resolved, That the' President of the Board of Edu- cation be^ and he is hereby requested, to notify the Governor of the State of the adoption of the foregoing resolution and to inform him that the Training Ship Newport will not be requii^ed for the purposes of the Board of Education after October 31, 1913. .Adopted by the Board of Education of ihe City of New York at a meeting held on May 14, 19,13. (Signed) A. EMEESON PALMER Secretary Department of Education, the City of New York, " Office OF THE President, 500 Park Avenue^ . , May 15, 1913 Hon. William Sulzer,. Governor, Albany, N. Y.: Sir.— In accordance with the enclosed report and resolutions adopted by the Board of Education in the City of New Yorkat a stated meeting held on the four- teenth day of May, 1913, I have the honor to notify 1176 Public Papers 6f Gtovee^oe Sulzeb you of the intention of the BoaTd of Education to dis- continue the New York Nautical School and of its pur- pose to' transfer to the State the present training ship and the equipment, consisting of books, charts, instru- ments, appal-atu^ and Supplies iioW used By said school. This action of the Board of Education was taken in putsuahce of the provisions Of chapter 322 of the Laws of 1913. " ; ' Respectfully yourfe, ' "' '' ' (Signed) T. %. dlitiftCHltL President BoQfd of^^uc(itipn ,, I have appointed as the Board of Governors of the New York St^te Nautical School, under the act, the following named : ' Jacob W. Milleb, of New York City, w^ho is a mem- ber of the Ghantiber of Commerce of the State of New York. '■"'-• ■-■ ■"■'' ■ ■ Eugene ¥. Moean, of !New York City, a member of the Maritime Association of the Port of New York. Henby M. Randall, of Brooklyn, a 'member of the Marine Society angl its President. Feed B. Dalzbll, of New York City, a member of the New YorkiBo^rd of Trade and. Transportation. , , .John C. Hatzel, of Ne^v^ York- iCjty, ^ alumnus of the New York Nautical School. Edwin T. Douglass, of Buffalo, a member of tlie Buffalo Chamber of Commerce. -' . , '; Chaelbs H. Bissikummee, of Albany, member of the Albany Chamber of Commerce. Capt. GrEORGE L. NoETONj of New York City, a mem- ber of the National BoaM of Steam NatigatiDiii.i , iriNatiJ-i !-ni Miscellaneous uriM H'^" i^jln my raem^orandum approving of the law establish- ing a State Nautical School, I said:'/ 7/-//; ynrcj-K I'.tl have always been! strongly in favor of increasing the efficiency of our merchant marine. I am a friend of the great shipping interests of the United States and have done all in my power to aid in a practical way the restoration of our merchant marine. While in Congress I introduced several bills,: thait if enacted into law would give our own people our over-sea car- rying trade. ;Av I'/i. ISU> ' ril'lfe" ■IVI' ni The time is at hand to place the American Flag again where it was before the Civil War, on every sea and in every port. We must have more ships; they must be manned by and owned by Americans. I will vigorously support every measure to this end until our prestige on the seas is again attained, qh' • hiv -nL It is a deplorable! fact that our once great and pow- erful deep sea fleet has vanished, and that an ever- increasing fleet ofi foreign vessels throngs our ports and monopolizes the carrying of more thah nine-tenths of our import and. export commerce. y-x'i7 In view of the great need of the State of the services of the Newport, if the purposes outlined in the' act creating the State Nautical School are to be carried out, I should greatly regret to learn of any action by the United States Government which would deprive the State of the use of the ship. I think also, you will perceive from a copy of the act establishing the New York State Nautical School herewith enclosed, and my memorandum upon it, that the State of New York is engaged in an enterprise lof at National character, which will inure greatly to the tbenefit of the Nation. !•)< ' ifiu / ifVA to tJ' » .. We surely need something beyond the Naval Acad- emy to train our boys in the science and practice of 1178 Public Papers op Goveenok Sulzbb navigation, seamanship, steam and electrical esngi- neering. New York is our greatest seaport. What more practical step could be taken in behalf of its great commerce than that which has been taken by the establishment of this State Nautical School. But I do not speak solely for the merchants of New York ; I am thinking also of the merchants of the other seaports of our country. The instruction obtained in the school could not be limited to those only who would serve in vessels sailing from New York; the pupils of the school undoubtedly in many cases would seek em- ployment elsewhere and thus their instruction would be nation-wide in its effect. I might add that I believe one of the essential ^teps toward the re-creation of American commerce in American ships with foreign lands, in every ocean, so much desired, is the establishment of just such schools as New York State has now established. I hope it will receive encouraging support from the United States Government. Very respectfully yours, (Signed) WM. SULZEE The Secretary of the Navy replied to the Governor as follows: Office of the Seceetaey, Depabtment of the Navy, Washington July 11, 19l3 SiE.— Ibeg to acknowledge the receipt of your letter of July '9ith, pointing out your wish that the Newport remain assigned to the Public Marine School of the City of New York until October 31st next, and that thereafter the vessel still be available for similar duty Miscellaneous 1179 with the New York State Nautical School that will then be inaugurated. Although the Department is disappointed in not re- ceiving information that the services of the Newj)ort might soon be dispensed with by the State of New York, for there is a real need for that vessel in general service, yet, for the present at least, the Department will take no action toward the withdrawal of the New- port from the State of New York ; for the Department is desirous, of fostering in every practicable manner the development of such nautical schools as the State of New York has provided for. Sincerely yours, (Signed) JOSEPHUS DANIELS His Excellency: The Governor op New York, Executive Chamber, Albany. XIII PART 1 CORRESPONDENCE XIII PART 1 CORRESPONDENCE In Relation to Boxing Exhibitions Letter peom' James R. Price, State Athletic Com- missioner, Eeplying to Letter from Governor SULZBR New York State Athletic Commission, 41 Park Row, New York City ' January 23, 1913 The Honorable William; Sulzer, Governor of New York, Albany: My Dear Governor Sulzer. — At the weekly meet- ing of the State Athletic Commission yesterday, your letter of January 16th to me was read to my colleagues, as you requested. I also told them of the conversa- tion I had with you last Monday night in Albany, at which you reiterated your ideas about boxihg as out- lined briefly in your letter. The Commission decided unanimously to do every- thing in its power to carry out your wishes to the let- ter, and will take steps immediately to see that all bouts are conducted on a clean, scientific basis, and that all brutality or anything else offensive to the moral sense of the public shall be eliminated from the exhibitions. The members of the Commission desire to thank ybu for the expression of your wishes in regard to the way in which you desire to have the sport conductied, and beg to assure you that any further suggestions from you will be followed by prompt action. Everything [1183] ]184 Public Papers of Governor Sulzer possible will be done by the 'Commission to elevate the sport. Thanking you for your interest in the matter, and conveying to youi the well wishes of the Commission, I am. Faithfully yours;' •"•''''' ■' ,. ,, JAME^, E, PRICE : ,i^ftqtp Athletic .Commissioner On the Subject of Activity of American Can Stocks Letter from James B. Mabon, President of the New "I York Stock Exchange ' ■ ' Albajty, Ffbraar?)' 12, 1913 New York Stock Exchange — President's Office New York, February 5, 1913 To His Excellency , The Governor, Albany, N. Y.: J)EA^ Sjb.- — Eeferring,, to, the .hearing before your Excellency on January 31, in whijch the subject of the great activity of American Can stocks was touched upon, and with respect to which I said I would give you further information, I beg to advise that further inquiry has been pursued and CQ»firms the. statement made to you, then, that the, large transactions recorded were b.onfj, fide on the pjirt of the members of thp fix- pl^ange., ., . :.|, ,,_ ,.,,. ^ ,, .; .Examination of .th.^ master, shows ithat of 366 firms doing an active business on January 30, 1913, 222 had ,tr^]?|S3.qt^QjpjS jji^^mpp-caUjCan stock; and on January 31, 1913, qfi 408 .firnis, 231, had triansactiojj^.. This re- yeals, widespread activity on the part; of many firms, representing many different in,terests and customers. The firms having the largest orders to buy secured CORBESPONDENCE II 85 stock from a great number of sellers, one large order to buy being filled by 100 separate purchases. These orders were received in the regular course of business, with no evidence to .point to manipulation. The situation of, the American Can Company was that about 33 per cent, of past due dividends had ac- cumulated on their preferred stock, and the ques- tion as to whether their board of directors would or would, not take action to provide for the settlement of these dividends, together with the fact that the an- nual report of the company was also shortly forthcom- ing, was the occasion for the activity in these stocks and the fluctuations in their price. Yours respectfully, JAMES B. LABON Piesidoit On the Subject of Minimum Wage Law for Women and White Slave Traflfic Telegram from Chicago Tribune and Reply of Governor Chicago, III., March 11, 1913 Governor William Sulzer, Albany, N. Y.: Are you in favor of a minimum wage laAv for women f If so, what wage? Do you favor a State law or a national law? Will you co-operate with Lieutenant-Governor Barrett O'Hara, chairman of the Illinois Commission on White Slavery which is now conducting an investigation leading to proposed legis- lation for women in an effort to stamp out white slav- ery traffic? Will you please telegraph us at our ex- pense vour opinion on this subject to-night? 38 CHICAGO TRIBUNE -1186 Public Papers of Gtovern'ob Sulzek Albany, N. Y.,MM-ch 12, 1913 Editor, Chicago Tribune, Chicago III.: In reply to your telegram just received I desire to say that I favor a minimum wage law for women along lines that, shall be just and fair to all concerned, fiave written Lieutenant-Goveriio^ O'Hara that I will co- operate in every way in my power to help stamp out white slave traffic. , '" ' '■■ WM. SULZkR Relative to the Date of Opening of Canals Lettek from Duxcak W. Peck, Superintendent of ■■'''' ' Public Works [copy] Duncan W. Peck, Superintendent William J. Mobri^sey, D-fiputy State of NeSv- York, Superintendent of Public Works, ; Albany, March 21, 1913 Subjiect .^ij Canal opening. Hon. WiLLUM Sulzer, (Jovernpr, State of New York, ,^ .Albany, N. Y.: , , _ iMy Dear Sib. — I beg to acknowledge receipt of letter from your secretary, Mr; Piatt, transmitting to me petition signed by many canal boatmen asking that the canals of the Staite be not permitted to remain closed later than May 15, 1913. I would state for your information that May 15th is regarded as the official opening date for canal navi- COKBESPONDENCE ' 1187 gation, and the DepartrjiQnt is; bending every effort to the end that the .canals will be in readiness for naviga- tion by that time, i ;. ; : Yours very truly, ^ D. .W. PECK, ;.;,,;;;,, Supt. Of PllbUc W ikS On the Subject of Presentation of a Silver Service to the United States Steamship " New Yorl< " . [copy] ^ The ;GrOKHAM COMPANY SlLVEESMITHS AND GrOlDSMITHS ' New YoRKy March 19, 1913 Honorable William Sulzer, Governor of New York, Albany, ^N.' Y.: ' ' Honorable Sin.- — In view' of the fact that most of the States, and quite some few Cities have presented silver serviced' to Battleships and Cruisers named in their honor, 'we beg 'to 'ask if it ii your intention to recommend to the 'Liegislattire or' to the general public, or both, that a silver sferVice be presented to the TJ. S. S, " New York," now iii' 'course of construction at the New York Navy Yard. ' ' The Navy Department,' Buteau of Construction knd Bepair report Of March 10th states that on Mdrch'lst the " New York " was 69-4/10% corapleted, so iinder , the circuinstances, in order; to have a silver service ctitA- pte.ted and r'eacly for presentatibri at the time' the ship is ready to receive it, it is none too soon to take up the question at tliis sessidii of the Legislature. As most of these services have been made bv the Gorham Com- pany, we can be of much Assistance, and should be' Very willing to give ybu aiiy info miatidii you may fegVilre, II'IS Public Papers of Governoe Sulzee and to co-operate with you' in providing a suitable silver service for one of the greatest of Battleships. Tliere are three wa3s of providing the necessary money with which to purchase a silver service for a U. S. Battleship or Cruiser. 1st. Entire amount appropriated by State Legisla- ture. 2d. Entire amount raised by Popular subscription. 3d. Part of amount raised by Popular subscription and the balance apprdpriatecl by Legislature. The amount of money necessar}' to purchase a silver service depends upon the design and number of pieces stipulated. The better and more appropriate services consist of only large and representative pieces, such as would be required to ornament and complete the decoration of a table. Small and unnecessary pieces and spoons and forks are not usually given, for the reason that they fall easy prey to souvenir hunters who are so prevalent at all social functions in this country. We shall be glad of the opportunity to co- operate with you in this matter, and shall esteem it a privilege to furnish you Ayitb whatever information you may need. If you should desire it, Ave should be very willing to send our representative to Albany, to confer with yovi in regard to the general detail.s and plans necessary to be followed in matters of this kind. Besides he would be able tq show you photographs of other services we have made, and to give you advice regarding the necessary pieces of silver that should comprise a silver service for the L^. S. S. "New York." We are taking the liberty of enclosing you a few copies of commendatory letters received by us, as evidence that the experience of other States would justify you and the people of New York in entrusting t COKRESPONDEWCJB,' i 1189 the commission 'to execute a silver service for tjle U. S. S. " New York " to the Gorham Company. Your activit}^ and intterest in having this particular battle- ship named " New York " justifies us in believing that your intense interest still exists, and that you would still be as active, and zealous that the silver service pre- sented should be fitting and proper. As we have already stated, having made most of these silver services for U. S. battleships, we are, by reason of experience and facilities, better equipped to furnish you with a proper service, and will be pleased to' co-operate in every way, giving /you necessary as- sistance and any desired information. We trust to hear from you at your earlv conveni- ence, and beg to remain, with great respect, ' '' ' ' ■■ Yours very truly ' ' ' ' " '^ ■'''■ THE GORHAM CO.,^' -;';'-''' ';■ ' ' Per B. J. Dingee 1(1 iiiv/ ,.-:auitn (lY Disaster by Flood in the States of Ohio and Nebraska Telegram to Governor James M. Cox of Ohio //i/Jiv Albany, N. Y., Mrtrc/i. 26, 1913 Hon. James M. Cox, Oovemor of Ohio, Columbus ^ 0.: I am deeply grieved at the frightful disaster which has overwhelmed poi-tions of your beautiful State and worked such havoc to many of your people. Through you I extend to, the, people of Ohio the heartfelt sym- pathy of the people of New York and trust the calamity is not as bad as reported. If New York State can ren- der any aid to her sister State of Ohio, advise me and everything possible to help you will be done. /. i-ts maximum. For in- stance, oyr agent found a population of 504 with 600 cells available.' A draft was expected shortly from Auburn. Our suggestion is that there be a draft list available, and that the population be kept up to the maximum cell capacity. /Especially is this desirable, because parole is a monthly occurrence, thus releasing a number of men> every thirty days and creating va- cant cells, 1 i v V (b) Special draft should be made at the earliest pos- sible moment from Sing Sing for the purpose outlined in JvTo. 3 of this" report. ", ,. "*"' ■ ..iji ■ y., yjrj n'v W}^ u;! ,a.'■s■^.l ■)isuii'i^ q ot ''(fiid 6. Conclusion '♦■ ' ' » We are convinced that the above plan is feasible and that all that is necessary to carry it into effect is an adequate appropriation. We, therefore, most urgently recommend immediate attention to this or some similar plan for the relief of Sing Sing and for the develop- ment of the Great Meadow prison. We shall be glad to co-operate in 'this matter by placing at the service 39 1218 Public Papees of GovKBiifOE Sulzek of the State within reasonable' limits the time of i an agent of the Prison Association competent to assist in an advisory capacity. We are further convinced that it is impracticable and thoroughly undesirable to attempt to remedy the congestion at Sing Sing by adding additional build- ings at that prison. The attitude of/ the most respon- sible, prison officials at Sing: Sing is: entirely in favor of the removal of several hundred prisoners to better conditions. i ; ; Yours very truly, , (Signed) 0. F. LEWIS General Secretary On the Landing in New York City of One Hundred Cuban Troops of Infantry ani Military Band to Partici= pate in Inauguration of Maine Memorial Telegram from Hon. WiliJiam: Jennings Beyan^ Sec- retary OE State ' ' ' Washington, D. 0.; May 26, 1913 The Governor of New York, Albany, N. Y.: This department, is informed through diplqinatio channels tliat the Cuban Cruiser Cubasailect on yes- terday for New York city conveying one liundred troops of infantry and a militaiiy band to participate in inauguration of Maine memorial on 30th iiistant. I beg to express hope that landing pf,;bjipd.and troops in uniform aijdwder armsfbr purpose, pf participat- ing in parade on that day will be. agreeable to State authorities. The Goveriiment of Civiba will be officially represented in the ceremonies by its Charge D 'Affairs at Washington, its consul, general at iliTew York city, CoitRESPONDENCB 12l9 the commander df the Cruiser Cuba, Congressmen Pazos and Torralbos and Colonel Jose Marti, Chief of Staff of' Cuban Army. ' (Signed) W. J. BEYAN RePI,Y op GoVEROR SulZER EXTEIS'DING' CoURTESV *6 THE Distinguished Visitors ; Albany,')^': Y., May m, 1913 Hon, WiLLtA.^^ J. .^Peyan, Secretary of S.tate, Washing- ton, D.G.: , Your telegram received informing me that the Cuban Cruiser Cuba conveying one hundred troops of infantry and military band, will reach New York to partipipate iiii. the Maine memorial ceremonies on the 30th instant. ^New York will be:glftd:to welcome these patri otic and distinguished visitors, from the Eepublic of Cuba. (Byery. courtesy will be ,$xtended to thena by the Empire State. (Signed) WM, SULZER I^ Relation to Bill pending in the Legislature Authprij:- ing a Rate of Foijr ,9nd.,0ne=half Per, Cent. Interest on State Bonds Letter from- Deputy Comptroller Edwin S. HarSis, Stating that in the ComptSoller's Belief the Bill Should Become A Law STATE OF NEW YORK Comptroller's OfficS , Albany, N. Y., June 2, 1913 Hoji. William ,SxjLZiEji, Governor of the State of ^ew . York, Albany „N,,Y.:.._^ ,. ,., .,,,,^ , ,. .,,i., ,i,\ ,, Dear Sir. — The Comptroller believes the bill au- 1220 Public Papebs of Governor Sulzeb thorizing a rate of 41/2 per c^wt. interest on State bonds should beceme ^ law for the .fpllowing reasons: First: All the informatio/ri whieh, this office has been able to pbtain from well informed and prominent business men who have to do with the purchase and sale of bojids has, been in support of the proposilj^on that a 4 per cejiit, bond cannot be sold at present at par or above.; The same gentlemen agree that this situation will continue for some time^ a majority of them predicting thiat it will be more than a year before it will be possible to sell a 4 per cent. State bond at par. It \vill be absolutely necessary to sell Stiate bonds on or before the first of March, 1914, and therefore to make that sale possible a 4i/^ per cent, rate of in- terest should be authorized.' If by an unexpected change in conditions it should appeftr next year that a bond at a rate lower than 4^4 per cent. 6ould be sold, it would be far easier to repeal the 4i/^ per cent, law than it would to enact one at the next regular session. Furthermore, yotir admini&ti^tion could proceed in ab- solute confid«nce to make the arrangements for financ- ing the highways and canals and would be in control of the situation absolutely, while if the 4i/^ per cent, hill were not signed there would necessarily be a period of uncertainty, which always creates difficulties. Seci^nd : The Comptroller expects to sell thi« week $27,0€O,O0O worth of short term not«s to mature Feb- ruary 1, 1914. These notes will be purchased by banks and brokers and others who do not ^ish.,to tie up their money for a lon^ peripd of time. If the 4i/^ per cent, interest, bill became a law, these gentlemen would know beyond a doubt that their notes could be paid at matu- rity alid their funds available for a new investment. With the 41/^ per cent, law the existing law there iGoBBESPONDEiirflSllA ' ! 1221 might be some doubt as to the ability; of the State to pay these notes at maturity. -Ji mO ■•diijI rjt'i') i-^ f • We think, therefore, the signing bf the 4^?^ per cent, interest bill would go a great ways towards securing for us this week more favorable > bids for the short term notes, rh^t!' »fii lo -, i ' Very truly yours, •: . ■v(gigned) 'ii EDWIN S. HAREIS 't<> Deputy Gomptroller 'Hi 07/ ,>ilIt!U))IJ Assembly Bill Int. No. 2219, Conceening Eate of Interest upon Certain Bonds of the State Deputy Comptroller Harris states that the law au- thorizing the issuance of short term certificates of indebtedness, aggregating $27,000,000 for highway and canal purposes,, which law, (requires them to be retired or,. provision made for their extension at the expiration , of a year from their issuance and bear in- terest at not greater than 5 per cent, are to be issued during the first week in June, upon competitive bid- ding, for a term of eight months, and through such bidding it is hoped that the r^te of interest will be approximately 4i/^ per cent ,„^ .,fi vj,,- <)i- -ui This Levy bill. Deputy Comptroller Harris believes, is necessary and proper to be signed at the present time, for the reason that when these bonds for high- way and canal purposes will be issued, which will not be bef9re February, 1914, they should now have the assurance of bearing ^4^?^ per cent, interest, for the reason that the money market at the present time and for probably a year to come, will require at least 4i/2 per cent, interest on bonds to make them marketable, and the sale of the temporary certificates of indebted- 1222 Public Papers of Goverwob Sulzeb ness will be fjiaced at an advantage ~whe!n the' moiipy interests know that they will Mot be refuMed by bonds bearing' (4 per cent; interest. If such were the fact the Comptroller's department believes that they will have no difficulty in securing favorable terms upon these teniporary certificates of indebtedness. Deputy Comptroller Harris states that the -holders of temporary eertifioiate^, if they were required to take cash for-, their investment at the end of eight months, would not be so favorable to purchasing the same as though they M^j^e given the possibility of using the temporary certificates in "bidding the, said bonds, bearing 4l/^' peir cent, interest, which is their privilege under the form of the department certificate of indebtedness. In other words, having' 'once made the' investment at this time in purchasitig the tem- porary certificates they would know, should the Levy bill be signed, that their investment can continue to bear at least 4i/^ per cent.' interest fdr a period of at least fifty years. ' ', i Deputy Comptroller Harris belieV6s this bill should have Executive approval at this tiiiie. He has in mind that the fact that the'Frawley bond bills are still upon the statute books, but believes that the sighing of' this measure in ho \vay affects those. He furthei' states that this Levy bill' provides only for bonds of the State' hereafter is'siied ari '■■ " This lis a delegation of citizens from Orange, Rockland and Ulster counties, a section of the State as beautiful as any scenically, progressively and other- wise. We come up, here to advocate the building of a road around Storm King, so ;that the people from New York, in search of health and recreation can come up and enjoy our scenery and renew their acquaintance with the, historic, ^pqts along the Hudson river. We have made our wants and wishes known to. your High- way Commission ,9,nd, we would mpst respectfully ask your cordia,l co-operation in,bjringing to a speedy con- summation this ; desirable public improvement. " . ; ; 1236] 1236 Public Papees of Governob Sulzek Grovernor Sulzer: " Governor Odell and gentlemen, I am very glad to meet you and to greet you. There is nothing in the State in which I am more deeply in- terested than the building of i good roads and their maintenance. I have been studying the question all of my life, and I hope before my administration ends to demonstrate to the people that we can build good i^oads in this State and maintain them. One of the things I am determined to do is to see that every dollar of the people's money spent for good roads brings back a dollar 'p worth of good roads. I am going slow ,and feeling my way, but I believe that the Department of Highways ought to be thoroughly reorganized along lines of greater economy and more efficiency to get better results. : " I recommended that in my message and I am tak- ing it up now with the Legislature. ' ' I believe the people want to see a great highway from New York to Albany and from Albany to Buffalo, with feeders from that main line to every part of the State. I am opposed to building a road that starts nowhere and goes nowhere, and I know the best way to build good roads is the way Julius Caesar built them in his day, and Napoleon built them in his day, and both of them are living in history to-day more on account of what they did for good roads than on ac- count of the people they killed. " I know how important it is to build the road that you are here about, and I want to help ybu in any way I can, but I can't make a promise now, because I can't see far enough ahead to do that. I suggest, however, that before you leave this room you appoint Mr. Mc- Lean and former Governor Odell and some one from the western part of the State as a committee of three Addresses 1237 to confer further with me. If that is agreeable to you it will be satisfactory to me. ' ' (A member of the delegation) Joseph M. Dickey: ' ' You suggested Governor Odell and Mr. McLean and one gentleman from the western part of the State. The gentleman from the Western part of the State would not be particularly interested in this trunk line. Do you mean someone from another part of the dis- trict?" Governor Sulzer : " You are all here from one locality?" Member of the delegation: " Yes, sir." Governor Sulzer: *' Then I will let Mr. Odell and Mr. McLean select the other man. I think we ought to have a man from some other part of the State." Governor Odell: " Of course it is a State-wide proposition undoubtedly, and there being no objection I can see many reasons why it might be desirable." Governor Sulzer: " Then if you and Mr. McLean will select a man, that will be agreeable to me and I trust it will be agreeable to all you gentlemen." Statement by Qovernor Sulzer on Silas Wright, Governor of New York, 1845=1846 January 11, 1913 ',' When I ,\v^ent to Congress eighteen years ago," said Governor Sulzer in answer to an inquiry, ' ' I nxet an old colored man, an attache of the United States Senate^ He came to the Senate with Andrew Jackson, from Tennessee, and had remained an attache, in the Senate, during all the intervening years. This old colored man had seen, observed, and Jieard every man 1238 Public Papees of Gtoveknor Sxjlzek in the Uilited States Senate from tbeidaysiOf;Ja&kson, and was a storehouse of information and anecdote and reminiscence. One day I asked him, 'Who, in yonr opinion, was the greatest man you ever saw in the United States Senate?' Without a moment's hesitancy he said, ' , Silas Wright. ' That struck me as remarkablOi. I asked him for reasons-: He began to niake comparisons between Wright and Marcy, Gal- houn and Clay, Webster and Cass, Conkling and Blaine, Jackson and Douglass, and all the other great Senators from 1830 down to 1896. I was amazed >by these comparisons. ■ : :; : ; ;:- ;.' Of course I had ■re&.d of Silas Wright, but this in- fojiuiation, surprised me. The first opportunity I had I went to the Congressional Library and called for everything relating to Silas Wright, and I pored over it^ — letters and. documents and books — until I; had exhausted everything in^the Congressional Library re- lating to Silas Wright;, and the more I studied the data, the more convinced I became that this old col- ored man was correct,: audi that one of the great men of this country was Silas Wright. " Then I looked up his old friends and relatives, and went up to St. Lawrence county and talked with those Who rgineihbered things about him; saw his old farm and his old house, ahd saif his gtavfe' — nothing but a slab all grown over with shrubs and briars — and then pondered on what he ha<^ done, and .what h,e had been, and how little was known of him to-day by this generation. His niemory' has been neglected; he should not be forgotten, and I concluded that I would write his biography. I have, been at it off and. oh for some time. 1 hope to finish it while I am G-overnor.. " Yes, ' ' continued Mr. Sulzer, ' ' the more you stiidy the life and 'public Services of Silas Wright, the more Acdkesses 1239 (jonvineed you become tln^t lie towers among the great men of American ' history. I talked about him a bit during 'the caiiiip^ign, and I have noticed here and there that som'e of the n'dwfej)ap'ei's refer briefly to what I said about him. Then I naentioned him fii my inaugural. " Silas Wright was oiie of the grekt Governors of New York. Take him all in all, he was' a simple man, an honest man; and a true American. ' " I' am glad," said' the Governor in conclusion, " that dii account of what I have said ihrecent months concerning this just man, the people are beginning to study the life and the career of 'Wright — one of the greatest men in all the annals of our commonwealth. ' ' Governor Sulzer's Remarks to a' ueJegiatio'n from the Brotherhood of Locomotive Engineers of the State of New York Who Called to Endorse John H. Talty of Buffalo and John H. Hyland of Brooklyn for Appojnt" ment as Public Service Commissioners, Janvidry 16, 1913 The Governor said':- .: i Mb. Chaieman and Gentlemen.^ It is a'gr'eat pleas- ure for me to see yOu to-day and to "welcome you to the Executive Chamber^ Y'ou siU know I am a friend of eVeiry man 'in' y-our' organization,, and everything that I can do consistently to promote the welfare of y'our oi'ganization! I shall do it. ' '" |' '" 1 am glad to receive these recomihendations arid will give' them, at the proper time, careful (jdrisideration. I cannot make any promises riow^ But I hope when the appointriaerits are made yoii' will all be satisfied; 1240 Public Papers of Governor Sulzek and if there are some who are not. satisfied I waijit yon all to remember that I Imve done the very bjestihat I could according to the light and information I ha-d, I hope your sojourn in the Capital City of the Em- pire State will be pleasant and agreeable and that you will all have a good time here. And I wish you every success in your deliberations, and .realiBe how im- portant it is for all the people in the State to have you people contented; and satisfied. If therp is anything else, you desire to say to me I shall be very glad to hear it. If not, I bid you all and one, not goodbye, but au revoir, and will be glad to see you any time you come to Albany. To a Delegation from the Convention of the Town and Country Agricultural Societies, Held i^ Albany Friday, January 17, 1913 The Governor said: Gentlemen, I am very glad to see yoti and to wel- come you to Albany in the Executive Chamber. I know what you represent regarding agricultural mat- ters and no one in the State takes a deeper interest in these matters than I do. I am a ,good deal of a farmer myself. I was brought up on the farm and I hope jto spend my retiring years on the farm. I am very deeply interested in the agricultural re- sources of the State, and as Governor, will do every- thing in my power to promote them. The last census shows that New York is falling behind in agricultua-al matters and products. For fifty-seven yiears we were the greatest agricultural State in the Union. To-day we are third; and if we do not watch out aad give more «a.N.i I Addresses 1241 attention to the soil and its capabilities, the next ceiisus I am afraid will show that we are still lagging behind, and we may be the fifth State in agricultural resources. I have very decided views and ideas regarding agri- cultural matters, but I haven't the time this morning to take them up with you. I have said some things in my message about the matter, and I expect to say more things as the days come and go. Suffice it to say this motning that whatever I can do to aid you will be done cheerfully. I want to keep in touch with you, and whenever I have the time, want to go around the State as much as possible and see for myself. I want you to keep in touch with me — you men of the Grange. Give me your views and your ideas, and let us en- deavor to the best of our ability to work together for greater results along every line of endeavor so far as agricultural matters are concerned. Everything I can do will be done, bnt I must of course depend much on you. if(| I am glad to see you and I want you to help me, as I want to help you. I am satisfied if we all work to- gether it is only a question of a year or two when we would bring our State back, to its old, position as the first State of the Unjon in agricultural matters. At the Dinner of the Christian Brothers' Academy Alumni t>. : a-v_, 15 ,> ' lo Albany, January 21, 1913 ij " The Governor paid a tribute to the teacher. " Everything that is done for the advancement of learning," he said, " makes a better and greater civilization. The teacher makes tremendous sacrifices. 1242 Public Papers of Goveenoe Sxjlzee After all, he is the, greatest. man; in the; world, i "When you get this idea firmly in your head you can see .what the Christian Brothers have done .for the past three centuries and a quarter. The teacher is- doing a greater work than the, soldier or the statesman.. What he does niakes the world gresiter and grander. All that there is or will, be .in civilization the world owes to the teachenV/ ; • •.■■.; -, The Governor paid' tribute to Father' De La Salle who founded'ithe i order of iOhristian Brothers three centuries ago. i"i- 1. "He saw into the future with' a judgment as clear as it was unerring,; " he said. ' " He i founded this order knowing it would never die. It is working throughout the world to-day- to ^perpetuate his memory. All honor to him for what he did and for what his disciples have been doing ever since." ; " I have prided myself," continued the Governor, " upon the fact that I hate no prejudices except against those things which are wrong. During, my career I have demonstrated that I have no prejudice of religion or creed and any Aian' who after having lived fifty years can say this has not lived in vain."' The Governor ' referred' to his 'aciquailitahce with Brother Justin, One of the great men of the oMer who died only a few years ago. Steuggle foe Feeedom op Woeship " For fifty years," said the Governor, " there had been a struggle to have -the State of New York pass a simple law. Sometimes it would, pass one house only to be, beaten in the other. Twice it got to the Gover- nor only to be vetoed. It was called the freedom of worship bill. Brother Justin talked to me about it ' •■ ■ Addresses ■ •'! 1243 and I told him I would not stop fighting until the bill was on' the statute books.' It was finally enacted. There wa^ a great hue and bif' raised • Ovei* its 'pas- sage. There would bda bigger one now if aiijone should attempt to repeal it, and all* that the bill did was to permit a man to worship G5d in accordance with the -dictates ' of his own conscience. , .Brpther Justin, had more to do with its enactment than any other man. There are only two States in. the tjnion — Virginia and Maryland — that have a, similar law.'' The Governor told of the trouble iwitii reference to the erection of a Catholic chapel oi^ the military reser- vation at West Point. '' tjp, to that time,''., he said, " there was no, place pf worship pntjie res.ej^vation except an Episcopal chapel. . The government h&d ordered Father O'Keefe's chapel taken down. The President refiise^ ,\o , interfere, ^an^ , the Secretary pf War had issued an opinion that it ought not to be allowed to remain. Brother! Justip. . appealed to, me, and I sucopeded in getting a bill through Congress per- naitting it to, remain, and it is still there." In closing thp, Grovemor paid a tribui;e..tp thp work which, the Christian Brother^ were doing. "They are, succeeding, "he said, '.' and np greater tribute could be paid |tp the^ progress and endurance of Christian civilization." 1244 Public Papers of Gotebnob Sulzee Remarks to a Delegation from the Legislative Board of the Brotherhood of Locomotive Firemen and Engine- men of the State of New York, Who Called to Endorse Mr. Chase for Appointment as Public Service Commissioner The Governor said : '^«'**"^*'^ ^3, 1913 Mr. Chaieman and My Fkiends.— It is a great pleas- ure for me to meet you and to welcome you to the Executive Chamber of the Capitol of the State of New York. No one knows more than I how much you represent, and what you stand for, and what you do as a part of society generally. I have always been deeply interested in your welfare and, in the future as in the past, anything 1 can do con- sistently to promote the general welfare of your organ- ization, and of your members individually, I shall al- ways be glad to do. Of course you know I have certain rules which I never break, and one of my rules is never to promise anything unless I have got it in my pocket. So I can- not make you any promises to-day regarding whkt yoiir spokesman has said, but I shall take into consideration his remarks, and I shall also think about what he said concerning these complaints you say you have made, and which have not been given the attention they de- serve, in your estimation. Now, I know nothing about them except what your spokesman has said, but I would be very glad if you would appoint a committee to put these complaints into shape regarding the Public Service Commissioners and I will see what I can do to help you. Much obliged to you. Gentlemen, if you will pass right around this way I will be glad to shake hands with every one of you. Addkesses 1245 At the Dinner of the National Guard Association «t| the Ten Eyck Hotel, Albany JmiMary 25, 1913 ' ' Tliere will be no politics in the guard while I am in the iGxecutive Chamber," he declared. " 1 want you oifioers ^o.tell jpur men, and if you don't I will when 1 have the opportunity, that there is a commission in every man 's knapsack ,if he merits it. ' ' And then turning to the mezzanine gallery of the ballroom, in which were seated many women, he con- tinued: , ^ " There will be no other influence either — and I say that ^dyisedly because there are so many charm- ing ladies present. " The dinner was the concluding function of, the thirty- fifth annual convention of the association. There were present nearly 300 delegates. The varied uniforms of the different organizations, the red, #hite and blue of the decorations, the gay adornments of the tallies, made an attractive picture. Before the dinner Governor Sulzer had a reception in the parlor of the hotel and was introduced to the members of the guard by Commander Russell Raynor, the retiring president oJF the association. Major-Gen- eral John F. O'Ryan, commander of the National Guard, came i^p f rom New York to attend the function and had an iiiformal reception in the lobbies of the hotel^ receiving the congratulations of the officers on his reinstatement. Will Pbomote Gtjabd Welpab6 As the mess call was sounded the guests went into dinner led by the Governor and 'Commander Raynor 1246 Public Papers of GbtEKNOK Sulzbr while Bendell's orchestra played Bagley's " National Emblem."'' Because of other engagements the GoV- ernor was introduced by Commandei* Saynor, who was the toastmaster, while the fish course was being served. After stating his pleasure at being present he, said they all knew that he had a warm place in his he^rt for the National Guard. "I believe in it," he said, "and I want to see it grow until every one in the land concedes that' the militia of Ivfew York State is tlie best and greatest in America. As Governor it will be my constant effort to do everything in my power to promote the welfare of the National Guard. I say this advisedly. For. four- teen years I served on the committee of military affairs of the House of Representatives and my work was along military lines. Officers of the- army can testify that I did my work industriously and faithfully. As a member of that committee I passed on the great question relating to the Jifational army and the men of that army. In every case I used judicial judgment and decided it on the law and' the facts. So in State affairs I propose to keep in close touch constantly Ayith the members of the National Guard from the lowest to the highest. I shall know what they are doing and shall decide every case which reaches, me regardless of any influence. There is no reason why the first State in the Union shouldn't haye the best Rational Guard. We have the iiiei; and the mbney^ All that we need is fidelity .and determination and we can make this guard what we expect it to be." Merit Will Receive Promotion ;It was at this point that the Governor sounded his note of warning to the politicians and the ladies. H.iX.l'!^ ir,,/-!! AKDBEgSES, , 'I M.IH i •• 1247 *,' The only influence which I want to see at work in the guard," he continued, " are ■ military influences. By that I mean the influence which the officer exerts on the men in, his command and the reports he brings to those in authority concerniiig them. When an offi- cer comes to the, proper authority to ask something for a man in his command and, says of him /,that man is a good soldier ' — that is the only kind of influence which ought to have any weight. ,,i tj< ,& solyed in two ways : First, by reducing expenses, or, secondly, by increasing taxes. And you know what the people say when you increase their taxes. This office of Sealer of Weights and Measures has jumped up in a few years from an expense to the peo- ple of the State of $300 a year to over $47,000 a year. The Committee of Inquiry I have rid doubt willirifbrm 40 J 250 Public Papeks oi-' Goveknob Hvuzaa you, as it has me, that that is an imposition on the tax- payers of the State of New York. We are going to reduce the expenses, but we are not going to cripple the efficiency of the service. That is the proposition, and it is one that the people of the State will support when they understand it. And that does not apply to this place any more than to other places. We are going to reduce expenses wherever possible in the interest of economy and eflSeiency and good business, and not; cripple the service. , . The business of the State of New York to-day .is being run along obsolete and antiquated lines. The waste a,nd extravagance are startling, and we have got to bring the State of New York up to present-day busi- ness conditions, put it on a business basis, and run it, honestly along economical lines in the interest of the taxpayers. I would like to know if anybody here objects to that? If so, let him speak up now or forever hold his peace. See Mr. Carlisle, gentlemen, and talk matters oyer with him. Finally, I guess when we get through with what we are doing you will all be sa.tisfied.. At the Lotus Club, in New York City Febrvary 8, 1913 To be the guest of the Lotus Club is an honor deeply appreciated. Of course I am grateful to its members, each and every one, and shall ever treasure among the most pleasant memories of my life the things said and done here to-night. The Lotus Club needs no eulogy. It is unique among the clubs of our city, famous for the genius of its mem- Addresses 1251 bers, pre-eminent as a fraternal institution of our State, and its reputation for hospitality and good fel- lowship is world-wide. Just what to say on an occasion like this I know not. I am here as your guest, with no speech, no message, and I indulged the hope that I could come here and be seen and not heard, and I am modest enough to covet that position now and then, notwithstanding some of my political critics say I talk too much. Hence, to refute that slander, I am here to listen and not to talk; to get sound advice and wise counsel and not to trespass on your good nature with a windy speech, or to resort to. doubtful and disinteresting political prognostications. ' As many of yoU knolv from reading the newspapers, I have been a very busy man ever since I took the oath of office as the Governor of the State. To tell the truth I have been working on an average about eighteen hours out of the twenty-four, and this is the first public dinner or reception or entertainment I have been able to attend in this city since the first day of January. Being Governor of New York is no easy job — that is, if ybu want to be the Governor. The members of this club are envied for their knowl- edge of literature and are familiar, therefore, with the advice and instructions Don Quixote gave his faithful follower on " How to be a good Governor," and the subtle reply of that diplomatic individual when be said : " He would rather be Sancho Panza and go to heaSreh, than be a governor and go to hell." Many people, I am reminded daily, take the same view concerning the destiny of the Governor of the Empire State. All of which goes to prove that although we live in a pro- gressive period, human nature is now much the same 1252 Public Papers of Gtovebnok Sulzeh as it was in the days of the gallant Knight de la Mancha. Before I was elected I made up my mind, if success- ful, to be the Grovernor of all the people. I am going to be, and I iriitend to do the best I can in my own way, according to my own light, regardless of the political future or of personal consequences, because I know that the political future is uncertain and that the con- sequences are unpitying- Long ago I made a vow to the people that if I became Governor no influence would control me but the dic- tates of my conscience and my determiimtion to do my duty day in and day out as I_see the right. Have no fear. I shall stick to that. I stand now where I always have stood and where I always wiU stand — for certain fundamental principles -T-for freedprpi of speech, for the right of lawful assem- bly, for the freedom of the press, for liberty under law, for civil and religious freedom, fpr constitutional gov- ernment, for equality and justice to all, for home rule and the reserved rights of the State, for equal rights to every one and special privileges to no one, and for unshackled opportunity as the beacon light of .indi- vidual hope and the ]?est guarantee for the perpetuity o,f. pur f reeinst^tutiojis. ,,i^;ew York is the greatest State in the Union. It §hou^d always be an example of economical and efficient an^. progressive administration. As jtg Governor I sha.il, in so far as I can, give the. people of the State an ionest, an efficient, an economical and a businesslike administration of public affairs. I say businesslike advisedly, .because 1 assure the business men in every part of our State that they can rely on me at all times to d'o ray utihost to promote the commercial interests of our coimnouAvealth. I realize how important they are and shall always be exceedingly careful to take no Addeessks 1253 step that win jeopardize the financial and the com- mercial supremacy of the first State in the republic. Suffice it to say that I arn a friend of every business, whether big or little, so long as it is legitimate, and will always have its welfare in view in the administra- tion of State affairs. ^To this end I shall; continue to work unceasingly for quicker and better transporta- tion agencies, and for improved and larger terminal facilities in, order that New York shall cpntinue to receive her just share of the trade and the commerce of the. country. , , ; Whenever in doubt it is my purpose tp confide in the people, and I. indulge the hppe_ that when my official term comes to sin end I sh^ll have ^ecprnplished some- thing, to jaaerit thfeir; approval and to ji^stify the con- fidence they have reppf ed in- my intentions. That is all there is to it, and that is. all. there is to say just now. I want no glory, no credit for, doing my duty, no future preferment, and wheji the office the people gave me goes back to the people to whom it belongs to give to some other man — I say again, and I say advisedly — I want to retire from the misrepre- sentations and the disappointment of political life to a little farm by the side of the road and be the friend of man. Statement of Governor Sulzer on Congress of the Inter- national Institute of Agriculture, to be Held in Rome, Italy, and Appointment of Vincent Astor as One of the Delegates to Represent the State ALBANY, February 13, 1913 " The story of the International Institute of Agri- culture iq Rome reads like a romance. Tlie govern- 1254 Public Papees of Govebnoe Sulzeb ments of the world, at least forty-five of them, will be represented at the Congress to be held there this year, and a number of the Governors of the States, for the first time in this country, will send delegates. The State of New York for the first tiihe will setid delegates. I am glad to do this. I take' a great interest in this matter. " I have selected Vincent Astor as a delegate. He will go. He' came up to visit me and we talked the whole matter over. He was interested in doing some- thing to be useful. I pointed out the great work he could do for the agricultural interest of New York. " He spent the night at the People's House and we talked over many things. He wanted to get my views and advice as to how he could be a useful man in the progress of the world. He is one of the richest young men on earth, has only reached his majority and is just out of college. ' ' I told him that he was living in a house with only one window ; that he was looking out that window every day and his views were consequently liniited and con- tracted. I said, ' you have cotne to me for advice and my views, I am going to put nine windows in your house. You can look out of each of these windows with me and you will get a greater perspective. After you have looked out of all the windows, select the view you like best and the field wherein you think you can be the most useful, and then go to work and clo something for your fellow man. Nobody can do more than you can to make the world better and happier. ' " Well, he spent some time looking out of these win- dows, and he didn 't seem to take much interest in any one of them until I went to the agricultural window, and the moment he looked out of that he said, ' that is my field ; that is what I would like to do. I have one ADDitESaKS ; 1255; of the finest farms in the State of New York down along the Hudson river| of over six thousand acres. My father never did anything with it. I am going tp. make that farm an experimental farm along scientific, farm lines, and everything I do there will be to!d to the people of the State of New York and the people of the country, so that they will know; so that they will have the information ; so that they can have the knowl- edge. I will have soils tested and find out what they lack, find out what they are best adapted for, gromng purposes and so forth and so on. ' He said he would do that. It is a splendid thing. He is to be highly com- mended — greatly congratulated. Mr. Payne : ' ' That is a very interesting story. Governor. ' ' The Governor: " Yes, I saw in the papers that he came up to see me about joining the Naval Militia. I put that window in his house and he looked out of it. He didn't take to that at all. He didn't see anything in that. And so of all the windows out of which he looked he didn't take much interest until he saw through the glass of the agricultural window. " Mr. Astor is a very intelligent young man. He means well and wants to do real things. He has got good sense and good ideas. He is not foolish in his ideas. He is not going to waste his life. He wants to do something beneficial for humanity, and he thinks now agricultural development is his true field of en- deavor. So after he selected the agricultural field I told him all about David Lubin, only to a greater extent, than I have now told you. I told him all about this International Institute of Agriculture in Rome and, how much it has done and how it had revolutionized farming in Europe. He will go to the next Congress and when he comes back there will be much work for 1256 Public Papees of Goveenok Sulzee liim to do in this State. Whatever helps the farmer, benefits the State — helps humanity. Scientific and practical farming is the coming profession. It will revolutionize the world. ' ' To Delegation Who Called upon the Governor in the Interest of Labor Reforms Albany, February 19, 1913 Governor Sulzer received in the Executive Chamber to-day a large delegation from all over the State whose members appeared to express their views regarding the thirty-two bills introduced by the State Factory Investigation Commission for the improvement of con- ditions relating to fire and other hazards of industry and the prohibition of child labor in the canneries and in the tenement-houses and night work of women. Miss Margaret Wilson, daughter of President-elect Woodrow Wilson, was a member of the delegation of Neighborhood Workers from New York city. In the delegation also there were Samuel Gompers, president of the American Federation of Labor; Miss Frances Perkins, executive secretary of the Com- mittee of Safety; Miss Pauline Goldmark of the Con- sumers' League; Mr. Paul Kennedy of the Association for Labor Legislation ; George E. Hall of the New York Child Labor Committee; Mrs. J. Kennedy Tod of the Presbyterian Hospital; Samuel McCixne Lindsay, presi- dent New York Association for Labor Legislation, and professor bf Social Legislation of Columbia Univer- sityi; Robert S. Binkard, secretary of the City Club; Frederick Howe, director of the People's Institute; Peter J. Brady of the Allied Printing Trades ; George Addresses 1257 Fqster Peabody, Reverend Dr. WiUi^m Adams Brown and Dr. Thomas Darlington, former Health Commis- sioner of the city of New York; Leo Arnstein, secre- tary of the borough of Manhattan; Miss Ma-^line Doty, secretary of the Child Life Committee of the Progressive Party ; Mr. Mornay Williams, chairman of the New York Child Labor Committee ; Mrs. Frederick Nathan, [president of the New York; Consumers' League ; Mrs. V. G. Simkhovitch of the Greenwich House ; Elizabeth Dutcher, Woman Trade Union League; John M. Glenn, Russell Sage Foundation; Mr. Homer Folks, Chairman of Governor Sulzer's Health Commission ; Henry Morgenthau, John Kings- bury, Raymond V. IngersoU, Allan Robinson, Francis Perkins, Julian B. Beaty; Rudolph P. Miller, Chief Guerin, Dr. George M. Price, Henry Moskowitz, John Fitch, Health Commissioner ; Ernst J. Lederle, Mr. D. W. O 'Connor and Miss Mary Van Kleek. The State Factory Investigation Commission was appointed in 1911 on a recommendation of the Com- mittee of Safety of New York, of which Henry Mor- genthau was chairman, and of other civic bodies, which were aroused into action by the Triangle Shirt Waist fire in New York city, in which 147 persons, mostly girls, lost their lives. It had as its members Senator Robert F. Wagner, Assemblyman Alfred E. Smith, Senator Charles M. Hamilton, Assemblyman Edward D. Jacksoh, Assemblyman Cyrus W. Phillips, Samuel Gompers, Simon Brentano, Robert E. Dowling and Miss Mary E. Dreier. Senator Wagner, as the chairman of the Commis- sion, recently introduced bills in the Senate drawn up by the CoramiSsion for the reformation of the' condi- tions discovered by the investigation, and the same 1258 Public Papers of Governor Sulzer bills have been introduced in the Assembly loj Speaker Smith, who is vice-president of the Commission. Abram I. Elkus, who acted as chief counsel of the Commission, accompanied the delegation which waited upon the Governor to-day, and in a brief speech indi- cated the object of their visit to Albany. Governor Sulzer in reply said : " Mr. Elkus, Ladies and Gentlemen: It is a great pleasure this morning for me to welcome you, each and everyone, to the Executive Chamber. " It is a matter for sincere congratulations that you distinguished and disinterested citizens come to Albany to advocate meritorious measures in the interest of humanity and for the general welfare of the State. All honor to yon for your patriotism. ' ' You are to be commended for your public-spirited endeavors and no one: in the State appreciates it all more than I do. " Let me say thiat I am heartily in favor of the measures now pending in the Legislature which you are here to-day to champion and to advocate. I have carefully examined these bills for the good of the children and the people of the State generally, and I am looking forward to an early day when I can offi- cially approve them and) make them the laws of, the Empire State.; ' ' In my message to the Legislature, I earnestly rec- ommended these reforms because they arei near and dear to my heart — and this is a matter not of recent time — but a matter that I have always been in favor of since I have been in puWic life. You know, and I know, that the greatest thing in tl^e world is a child. No one can tell what a child grown up to manhood or womanhood may do or may be. I say, and have always said, that the most valuable asset to the State is a '\,i)X ;!. Addresses; 1259 child. The future depends on it. Everything depends on it. .•>*• ',li^ 'Hi' "At a dinner dn^ the White House not so very long ago, a celebrated Ambassador asked me what was the most wonderful thing in the, world. I answered, ' a baby.' Then he said, ' That, is remarkable; how do you explain it? ' I said, ' What do you think is the most wonderful thing in the world? ' and he promptly re- plied ' Th« Taj Mahal.' And I said, ' Why, the Taj Mahal was built by a Frenchman and is a very beauti- ful mausoleum ; but that Frenchman was once a babyj and there is nothing on earth that is the work of man and not the work of nature that some grown up baby hasn't done. ' He looked at me for a moment and saidj ' That is a new thought to me. I think, perhaps, you are right:' teili "So I say to-day that all that we are and all that we hope to be on earth, we owe to a baby directly or indirectly after^^that baby grew to womanhood or to manhood. Hence I have determined during the brief time I shall be at this big desk to do everything I can^ in season and out of season, for the welfare of the children of our State. "Another thing: I am very much in favor of what is popularly termed the conservation of our natural resources. There are two kinds of natural resources — one God gave us and the other man gave us. I am ■ more in favor of the conservation of the resources man gave us than those God gave us; because what God gave us we will always have. He never takes anything away. God is always good. We have got to conserve in this State human life. That is all important. What- ever will bring about that accomplishment I assure you will have my earnest support and my continued advocacy. 1260 Public Papers of Governoe Sulzer ' ' You are here to-day in a great cause — the great- est cause in the world — the cause of humanity. It is a matter for mutual congratulation, and more, it is a matter of hope, that civilization, from one end of the world to the other — from the Occident to the Orient — is alive to these great questions concerning the welfare of himian beings ; and it speaks in volumes and in thunder tones for the future of the race ; and whatever will benefit the future of the race is for the general welfare of the State. I am a friend of humanity. I am for the cause. "As the Governor of the first State in the Union, I thank you good men and women for coming here to-day to advocate these bills. In the name of all the people of> our State ; in the name of a common liumanity ; in the name of that touch of nature that makes the whole world kin, I thank you for your help. (Applause.) " What you will do here to-day will live in our his- tory and be a monument in the annals of our State, a tribute to your hearts and a credit to your heads -^ a monument on the wayside pointing to the coming of the better day when all mankind will be brothers. (Applause.) " In conclusion, let me say you are doing a great work that perhaps you hardly appreciaite yourselves. But as the days come and go and a common humanity profits by your labors, the voice of the men and women of our State will call you blessed — yes, twice blessed. " Ladies and gentlemen, I thank you and wish you all success in the humanitarian work you are doing for the welfare of society, for the elevation of men and women and for the glory of the State.'" Addresses 1261 Speech, in Part, of Governor Sulzer at University Glub Banquet, Ten Eyck Hotel, Albany, February 24, 1913 February 24, ltl3 It is a great pleasure for me to be one of your guests to-night, and I thank you for your courteous greeting and cordial reception. , It is a matter for congratulation that we have with us the distinguished Premier, of Canada, the Riglit Hon. Eobert Laird Borden. He is an, old ftiend of mine, and I am glad to extend to him a hearty welcome to the hospitality of our Commonwealth and a cordial greeting in the name of the people of the Empire State. He is one of the truly great men on our con- tinent. For many years I have beeii a student of Canada and a friend of our sister country to the north. Our friend the Premier governs the great land and a mo^t patriotic people. I know whereof I speak when I ^ay that the Canadians are the friends of the people of the United States, and we are their friends and well wishers. I have travelled extensively in Canada and can tes- tify as to the vastness of its territory and the richness of its material resources. Stretching away from the Atlantic to the Pacific, and from the International boundary line to the North Pole, the great country of Canada constitutes in itself a Vast Empire rich in natural resources beyond the dreams of avarice. It is destined to become one of the most populous countries on the Western Hemisphere. Many of our best citizens I regrfet to say are leaving our States of the west and going into the Canadian 1262 Public Papers of Goveenob Sulzer northwest because of the fertility of its soil ; the liber- ality of the Canadian government; and the ability of these people to better their conditions there, I have seen the Canadian northwest grow year by year from the boundless prairie to the most fertile wheat field in the world. I have witnessed there the springing into existence, as if by magic, populous villages and towns of the most intelligent and the best people on earth. That great Canadian northwest is destined to become ere long the granary of North America. The people to our north are the true friends of the people of the United States ; they look to us for sisterly sympathy, for a reciprocal exchange of products; and their resources and their products are greater and richer than those of countries far away across the Pacific and Atlantic oceans. We should extend to them a helping hand in their onward march of progress. We should glory in their prosperity. Their success is our success. They are rapidly forging to the front; their exports a.nd their imports are increasing annually; their tra^e is be- coming more and more important, their ,com;Qierce more and more valuable ; and instead of closiiig; our doors by tariff barriers against these countries and their products, in my opinion, we should open them wider and do everything to facilitate closer com- mercial relations. We want their products and they want our products, and all restrictions to prevent a fairer and freer ex- change of goods, wares, and merchandise should, in so far as possible, be eliminated. It will be for the best interests of the people of the United States, of lasting benefit to our neighbors to the north and for the mutual advantage of each and every country on this AbDRESsES 1263 hemispliere, binding us together in closer ties of friendship and making for the peace and the fjros- perity and the industrial progress of the times. Now, another thing of soihe moment. No one in America takes more interest than I do in educational matters. 1 am a firm believer in the public schools, and I want to see our public schools continue to be the best in the world. In the future, as in the past, what- ever "I can do to promote popular education in our State and country will always be cheerfully done. More than fifty years ago, Charles Sumner, on the floor of the, United States Senate, gave utterance to this thought: The two greatest , agencies of civiliza- tion are the public^ schools and good roads. We have splendid public schools. They are doing a world work. "We must now build the best roads in the country along permanent lines, and with every agency that can be devised for their future maintenance at the least possible cost to the taxpayers. This is a work in which I am deeiply interested, and I have deter- mined to see to it that in the future the taxpayers of our State get a dollar's worth of good roads for every dollar of their money expended. This is one of the most important matters, at the present time, to all the people of New York. ' It is a genuine satisfaction to me to say a few words to the graduates here assembled, of the universities of our country. They are the trained intellects in our land. They owe a debt to society. They should take more interest in public affairs and for the benefit of the general welfare. They have had great opportuni- ties. Their responsibilities to the State should be as great. They should be less selfish, less self -centered, and more patriotic^ and more altniistia 1264 PtTBijic Papers of Governor Sulzer It is the duty of college men to participate in puljlic matters — to take an active interest in politics. They have much work. to do. They should shirk no political responsibility, and ever remember that responsibilities of every character gravitates to the men who will shoulder them, whethex they are graduates from pur colleges of learning, or better yet graduates from the great university of Experience. At the Noonday Luncheon in the Hampton Hotel, Albany, N. Y., to Raise Funds for the Young Men's Christian Association of Albany February 26, 19l3 ,;i My;fi:iends — and I say that advisedly, for every man who is interested in the welfare of the Young Men's Christian Association is a friend of mine, and I of his. You deserye great credit for your enterprise and ypflr enthusiasm and commendation for the suc- . cess you have met with thus far. I hope jou will be; able to get the ; $60,000 within the nine days you have determined to do it in, and if you do you will ibf, a " nine days' wonder." I know how hard it is to collect money for worthy and charitable purposes, a^d I am amazed at the success of your efforts, in raising $45,000 in so few days. If you go on as you have in the past you will have no difficulty in getting the balance. I wish you every success. I am confident you will succeed, and I want to do a. little to help you. I am not a very rich man. I will not contribute any money, for, I am confident you wilLhave no trouble in getting money. But you have a library and I shall makp a donation to your library of 1,000 books. Addresses 1265 Has Given Away 60,000 Books For nearly eighteen years I have been gatheriiag books in Washington, and when I left to come here I had 75,000 volumes. I made' up my mind to disteibute them throughout the country, and I have distributed about 60,000. You will have the best books, picked out by a most competent man, published by the govern- ment during the past twenty-five years. Some of the . books are exceedingly rare and can never be dupli- cated, for the plates have been destroyed. Some are exceedingly valuable, for reference. I shall send a letter to the superintendent in Wash- ington to pick out 1,000 of the ,best books left and send them to the association. I hope you will put theman your library and they will be more useful to you than money would be to help that institution which is doing so much for the welfare of those iu its own organiza- tion and outside of it. Whatever is for the! welfare and good of the individual is for th« welfare and good of the State. At the Banquet of the Allied Real Estate Interests, Held at the Waldorf = Astoria, New York City Friday Evening, Fehniary 28, 1913' (Stenographically Eeported by the Sta,|;e Law Stenog- raphers.) Mr. Siilzer said: Me. Chairman, Ladies and Gtentlemen. — It is a pleasure for me to be your guest to-night, and I thank yoH all for your cordial greeting. No man could get me to come from Albany to New York City to attend this banquet except your distin- guished Chairman, my good friend, Allan Eobinson. 1266 Public Papers of Gtoveenor Sulzer Ever since the first of the year, as you doubtless know, I have been very busy, working about eighteen hours out of the twenty -four, day in and day out, to ac- complish some of the things your Chairman tells us are so essential for the welfare of the State. I am compelled to decline, on an average, about a dozen invitations a day to dinners. I have a sort of stereotyped answer to these invitations. It is called Form " No. 23." When these invitations are brought to me by my secretary, I turn them over to a type- writer and just say, " 23, " and he writes the answer of declination, saying that it is impossible for me to accept on account of pressing official duties ; that the people elected me to stay in Albany and attend to the people's business; and not leave Albany two or three times a week to attend banquets here, there and everywhere. Sometimes these letters are read, and I lose a few votes, but the people throughout the State, generally say, " That is the kind of a Governor we want." Your Chairman referred to this question of taxation. Of course, you know taxation is as old as civilization. It will nevertheless always be new, so long as govern- ment exists, and the support of government must rest, in the last analysis on taxation. I have traveled some in countries where taxes are very light, and the goverhrnent is likewise. In nine-tenths of the Latin-American countries no taxes are levied on real estate or personal property. There are only a few governments in all Central and South America where there is a real estate tax; Twenty odd years ago, when I went to the Legisla- ture, it cost about fifteen millions of dollars a year to pay the running expenses of the State of New York, Addresses 1267 Ten years ago it cost twice that. Last year, npt:witli- standing my predecessor did everything within his power to economize, it cost the State of, New Yprjc over fifty millions of dollars. It will cost more this year. The estimates from the departments sent to the Legislature the first of tlie year total over sixty-three millions of dollars, and unless we practice every econ- omy, institute every efficiency, abolish every useless office, eliminate waste, stop graft and keep ex- penditures down to the minimum, it will cost the tax- payers of the State of New York, ihis year more than ever hef ore to pay the running expenses of the Gov- ernment. Last year the estimates fpr the charitably; institu- tions of the State of New York were over ^leveja mil- lions of dollars. Governor Dix cut the appropriations down to about seven millions, against the protest of many charitable disposed citizens in our State. This year the managers of these charitable institu- tions tell me they cannot possibly get along with less than eleven millions of dollars. Very few of the States, in the Union, have a budget so large as the budget of the State of New York for charitable purposes. That is what we are up against. That is what we are trying to solve. It is a condition — not a theory. Last year in order to meet the appropriations of the Legislature, my predecessor had to resort to direct taxes, and unless we can devise some other method of raising revenue, we must resort to direct taxes this year. You know how unpopular direct taxes are. If you do not, I do. As a matter of fact all taxation is unpopular. More public men have risen and fallen on this question of 1268 Public Papees of Goveenoe Sulzee taxation than on any other question in the politics of America. It iiot only applies to the leaders of political parties, but it applies also to political parties. There is no place in the world, of which I am aware, where taxation is popular, except in China — and in China, you know, everything is face and luck. If you lack what is face in the Orient, you cannot do business. The imposition of taxes has been cari'ied so far in China that it is written in the Chinese almanac — that every diay is a lucky day to pay taxes — and do not forget that the Chinaman believes in luck. Sometimes I think we need a Chinese almanac. Some pieople think the City of New York should have a Chinese almanac because it seems that whenever we try to devise some honest method to raise taxes, in order to meet the increasing burdens of Government, mounting higher and higher every year, many unthink- ing citizens faisfe all sorts of obstacles and make all kinds of protests. There have been passed in the State of New York since 1778, when the State was organized, over six hundred laws relating to taxation. More than two hun- dred of these laws have been passed within the past ten years. To-day nearly all the burdens of govern- ment fall on real property. Personal property, es- pecially in our large cities, escapes its just share of the burdens of government. Every day plans are presented to me, by this man and that man', to raise additional revenue. Most of these sciienies are chimerical, and some of them are quite revoluntionary. I do everything I can to pre- vent their introduction in the Legislature. But I know that something must be done. The ihoreaised valnatioTi of real property in the City Addresses 1269 of New York is amazing. Tlie valuations of real' es- tate here have increased oil the tax assessment" rolls during the past nine years five millions of dollars. Think of it! To-day Teal estate in some 'of our cities is hardly worth its assessed value. It is ea^y for the tax assessors to inisrease vaiuei of real property in order to get more revenue, but in my judgment, many of these increases are unjust. The other day I was infprmed .that there were over two hundred and fifty thousand dispossess, proceedings in the county of New York, last year for nonpayment of rent. (A voice: That is right.) The gentleman says, " That is right." Yes;'but if that be true some- thing is wroiig. These burdens do not fall on the ownfe^rs of the prop- erty. They fall on the rent payer. The rent payers should knovi^, and nine-tenths of them, in my opinion, do know, that when the city', or the State, increases taxes on real property, the owner rhu'st raise the rentals in order to pay the taxes. '- Hence, whatever will decre^lse taxation oh reaipfo]^- erty, will, to a very large extent, decrease rentals ; and this question, in its' finality, comes home with greater force to the rent payer than it does to the taxpayer. In the end it affects the rent payer more than' it does the taxpayer. I have said, over and over again, that if I liad iny say, every citizen in our State would own his owh'hoihe. When a man owns his own home, he will protect it. When he does not own a home he cares little about pro- tecting some other man's home. Men Avlio own their homes make the best citizens. The best antidote for anarchy is contehtment; and the man who owns his home is generally contented. 1270 Public Papees of Go,yBB]sroE Sulzee The true solution for the unrest — sweeping from one end of the country to the other — is not more remedial legislation, but more contentment at home, and more satisfaction with surrounding conditions. The more contented homes, the more contented men and women, and the Iiappier the hearthside. " To make a happy hearthside clime, To means and wife ; That's the true pathos and sublime — of human life." It is a matter of regret to me that land values in the agricultural countries of the State are depreciated more and more every year. There are more aban- doned farms, to-day, in the State of New York than in the States of Maine, New Hampshire and Vermont; and yet New York is one of the most fertile agricul- tural States in the Union. According to the figures ,of the last census, New York as an agricultural State, has fallen back to third place. We mu^t remedy this evil. We must do something for our farmers. We must keep the people in the country. Too many are going to the cities, to the dis- advantage of the country and the city. I want to see the tide turn the other way. I want the people in the cojigested districts of the cities urged to go to the country to till the soil and to build and to possess their own homes. In this way I know they will be healthier ; they will be happier; and the country wiU be in all re- spects better. Whatever helps the farmer is for the best interest of the general welfare. When the farmer is contented, the State will be prosperous. You must not forget that the farmer in the country has his troubles just as well ' Addresses ' ^ 1271 as tlie real estate men in the cities. The farmers have their own troubles in the country. My friend here, Mr. Seitz, will tell you about it when he comes to speak, because he is a countryman, and for years I understand, has been struggling along trying to make his farm pay half what he spends on it. We live in a great State; of diversified interests; of many people ; good citizens who see things from dif- ferent angles. If I were to make any criticism about ourselves, it is this: We take too narrow a view of great questions ; we are too provincial in many of our opinions. New York is not the universe. We should be broader in our views; less self -centered' in Our opinions, and we should have fewer prejudices about things seen and things unseen. While I am Governor I shall do everything I can to remedy the unjust burdens on real estate in the cities of our State. It is my purpose to do what I can con- sistently to aid the farmers of our State. I hope when the census returns are again tabulated. New York will not be third, but will be once more where she was for half a century, the first agricultural State in the Union. . My mind goes back many years. I know a good deal about conditions which should be changed. I do not want 'to make comparisons. I know comparisons are odious. Things are changing. That is a good sign. I would not have everything remain the same. I want things to change with the times, and change for the better, in the interests of progress, and for the bet- ter civilization, that looks forward to the dawning of the brighter day. There are things we need to help real estate, to put up the value of the real property; things to promote trade and to facilitate commerce. 1272 Public Papebs or Govebnoe Sulzee Greater New York is the first city on the western hemisphere. To maintain her supremacy she should control her share of the trade and the commerce of ,th^. world. New York cannot go forward if we stand still in trade and commerce. TMs city to-day needs larger piers; greater term- inals; and more transportation agencies. We should deepen the Hudson river, from the metropolis to Albany; and speedily finish the construction of the Barge Oajial-i. Shall we ever forget the good old days when our ships — flying our flag:^ were at every wharf on South street? We should do something to restore our ships; to bring back our ship chandlers ; to receive the com- merce that they brought; and' the trade that laid the foundation for this great metropolis. I long for the day when the flag of our country, flying at the mizzen peak of a thousand ships, sailing the seven seas, shall again bring to our shores the com- merce from the ends of the earth. I have been a member of the House of Representa- tives, in Washington, so long that I continue to take a deep interest in all that goes on in Congress. I have watched the struggle there this session for two battle- ships. I am a friend of the American Navy, and an advocate of its welfare; and its glory; and its effi- ciency. I always voted for an efficient navy when I was in Congress. We need a strong navy. We should have one of the best navies in the world; not for offense; but for de- fense --- that is for peace ; not to provoke war ; but to prevent war. Every dollar spent for the Navy is just so much money paid for national insurance to secure enduringpeace. But more than that; I want to see the Navy, the ji;«.i)?- Addresses ''■'■'"< 1273 training school for our merchant sailors, who ere long, I hope, will command our merchant marine. We need'' a nierchant marine '' of European countries, manned by these trained naval men, so that in case of trouble,' they can be quickly utilized as naval auxili- aries. That is economy. That will be in the interests of our country, and for the benefit of all our merchants. It is humiliating to confess, but it is a fact, never- theless, that we have now less merchant ships than we had a hundred years ago. Our country,(.in 1812, with a population of about ten millions of people, hadia greater merchant marine than it has to-day with a pop- ulation of nearly a hundred millions of people. A century ago we had more registered tonnage on the high seas than we have to-day, notwithstanding the fact that our country should be the foremost mari- time power on earth, nn yfJ; • jij Perhaps the goldeu age of our merchant sea service will never return. The tramp steamers of foreign countries have robbed the sea of much of its romance. The old days of the great square rigged clippers that sailed around the world are gone never to come back. Our harbor will never again be as beautiful as when those fine slaips were going and coming with all sail set. The siiioke hangs heavy now over our ports once bright with swelling sails of white. ')>ui if<-J It Nevertheless we cannot continue to be prosperous unless we have a merchant marine, and get our just share of the trade and eommerce of the world. •!'i"> I have always been strongly in favor of increasing the efficiency of our Navy and restoring our merchant marine. I am a friend of the great shipping interests of the United States, and have done all in my powei-, in Congress and out of Congress, to aid in a practical way the restoration of onr merchant marine. While a 1274 Public Papjeusj oi<' Goveknok Sulzek memiber of the House of Representatives I introduoed several bills, which, if enacted into law, would give our own people our just share of the over-sea carrying trade^ The time is at hand, it seems to me, to place the American flag again, where it was before the Civil War, on every sea and in every port. We must have more ships ; they must be manned by Americans ; and they must be owned by Americans. We should vig- orously support laws to this end until our prestige on the high seas is again fully attained. It is a deplorable fact that our once great and power- ful deep sea fleet has vanished, and that an ever-in- creasing fleet of foreign vessels thirongs our_ports and monopolizes the carrying of more than nine-tenths of our import and export commerce. In all earnestness, in the name of patriotism, I say to you, that I know of no agency, to-day, that Will bring more prosperity to our city and our State, than the restoration of the American merchant marine. More than a hundred years ago, our merchant ships, carried nine-tenths of all our deep sea trade; while to-day our ships carry less than five percent of our over seas commerce. We pay every year to fbreign ship- owners over three hundred millions of dollars. Think of that ! Suppose we had to pay that directly in taxes ! What would you say! What a hue and cry we should hear. Every year Americans pay fortunes to the own- ers of foreign ships, flying foreign flags, available as naval auxiliaries against us in case of war., We must stop it. (A voice : You are right.) With all true pa- triots, I long for the coming of the day when American ships again will be on every sea, and our flag gloriously floating on the breeze in every port. I am willing to go as far as any man in this country Addresses - 1275 to legislate for the restoration of the American mer- chant marine to all its former glory, and to secure for the American people their just share of the over-seas carrying trade of the world. I know, and every man who has investigated the sub- ject knows, that our loss of deep sea commerce is due entirely to our own iniquitous legislation and short- sighted marine policies. If the American Congress would legislate intelligently regarding this subject, we could restore our merchant marine and secure nine- tehths of all our commerce on the high seas, exports and imports, without taking a single dollar from the pockets of the taxpayers. If we would only follow in the steps of the fathers we could speedily secure our just share of our ocean carrying trade ; revive our Shipbuilding industries ; give employment in our shipyards to thousands and thousands of men in all parts of the country; bring about an era of prosperity such as we have never known in our shipping trade ; place our flag on ships in every sea; and make the American sailor what he was in the historic days of the Republic — the prid« of the people and the arbiter of the ocean highways of the world. Speech, in Part, at the Home Rule Conference and Dinner of the Municipal Government Association of New York State and the Legislative Committee of the New York State Conference of Mayors, at the Hotel Ten Eyck, Albany, N. Y. Thursday Evening, March 13, 1913 It goes without saying that I am in sympathy with the purposes of this important gathering, and I con- gratulate those assembled for what they are doing to promote genuine home rule. J276 Public Papees of Gtovehjstoe Sulzek , .TJie; s^iitimpnt back of the, denaand for home rule is tlje same sentiment that animated the patriotic fathers in , tl^e,ir heroic struggle for our independence. It breathes the spirit of the Declaration of Independence, and it voices the aspirations of every lover of liberty. No man in our State is ^ more in favor of genuine home rule than I am. It is a part of my political religion. I believe in local self-government for village, ^ridjfor ,toAvn, and for city, and for county; and I know by long, experience that the people are capable of IqjCaI self-government. A denial of this proposition is , an indictment of Amei;ican intelligence and pa- triotism. In my message to the Legislature I said,: . " Let us stand squarely for home rule and local self-government — ^horne rule for the States — :for the , retServed rights of the State — against en- croachments by the central government at Wash- , ington. Home rule foi'.the counties, and the cities, and the towns, and the villages of the State, against legislative tinkering and invasion." r stand for that. ' Yes, my friends, I believe in local autonomy as a fundamental right. The truths of history have taught us that many of the evils the people want remedied; that most of 'the tilings the people want doiife; can be reiiiedied, and can be done, through local agencies, without ffitei-ference oi- invasioTfi by the National and State Legislatures. ' '' '' ''' Let me urge you, gentlemen, and' through you all the people to be firm at all times for home rule ; and for the rights of the. people in their respective communities to govern themselves politically, as well as otlierwise, without legislative interference except when absolutely ■iX Uit ■ AUDKESSES .I'u'i 3277 necessary. As Governor in the future as in the past I shall adhere to that without deviation, m-kv) m The people can count on nae, as the Governor qf the State, not to interfere with home rule in any loca,lity if I can possibly avoid it. If I do interfere, directly or indirectly, it must be for the good of the general welfare, and then only in a case that rises superior to local considerations for the common weal. ,') r-i;! di i I am now, and ever have been, in accord wifhy that fundamental principle of American statesmanship that the States in themselves are sovereigns, and 1 stand unequivocally for their reserved rights and sovereign I)owers against the tendencies of centralization of the Federal govei-imaent. We know that the States are divided into counties, and that each county, in so far as possible, should have the right to govern itself in civil and political matters. For that reason, as 'the Governor, I am determined to recognize the rights of the counties in every part of the State through their duly constituted officials and electoral machinery. iK Then again, the counties have within their confines, the villages, the towns, and the cities; and I want to see the greatest amount of local authority concentrated in the hands of the officials of these constituent parts of the counties of ,the State. .>(j' 'Adv- As Thomas Jefferson well said, " If we are: directed from Washington when to sow and when to reap we shall soon want bread. ' ' If that applies, to the seat of the Federal government in connection with- the rights of the States, it also applies with greater force to the seat of the State government in connection with the rights of the counties, the cities, the towns, and the villages of the State. ,70 1 '((I ; We know that in tlie (livcn'sifieatiun of power lies the safety of the State. We cannot deny the proposi- 1278 Public Papbbs of GoVernob Sulzer tion that One generation is as capable as another of taking care of its own local affairs and solving its own local problems. As Ralph Waldo Emerson truly says, "All forms of government are ridiculous except those which men make for themselves." You remember Ma,rk Twain once said, " when in doubt take a drink." My policy as Governor is when in doubt confide in the people. I enunciated that idea in my inaugural address, and have been saying it now and then as occasion arises. I know the power of pub- lic opinion. I believe that all the people are wiser than a few of the pesople. Public opinion is the safest guide for legislation as well as political conduct. As the Bible says : " In a multitude of counsel there is much wisdom. ' ' Cities should be as free from interference from the State as the States should be free from the Federal government. Municipalities should be independent in matters of purely local concern, and they should have the right to adopt their own charter, just as the people of the State have the right to adopt their own constitu- tion. Municipalities should have the right to call a city charter convention the same as the people of the State have the right to call a constitutional convention. The trouble with the cities is not too much democ- racy but too little democracy. There is too much State control. We need home rule to create city democracies, or republics, like those of Athens and Eome. It- was freedom that inspired in these cities local patriotism such as seldom has been equalled be- fore or since. Home rule is the demand on the part of the people to be trusted, trusted to govern themselves. Democ- racy rather than class interest is becoming intelli- gently organized. With the growth of cities they are Addbissses 1279 becoming political units of great importance to the State. The opponents of home rule distrust democ- racy, but I do not fear the people. I fear special privileges. In the cities life is full and eager, and the industrial issues that are becoming so prominent in political life are finding, and should find, their true solution in the cities. It is because of the survival of old monarchial ideas that our cities are not more independent. We proceed on the theory that the sovereignty which grants a city charter is a power similar to that formerly wielded by kings and emperors. It is a concession appa,rently to some that we grant to cities power to do this or that. But in a republic such as ours the sovereignty resides in the people. The electors are the sovereigns. All just goyernments obtain their powers in a democracy like ours from the consent of the people. We have the highest authority for home rule. Thomas Jefferson believed that the permanency of our nation depended upon distribution of the powers of government. The diversification of power is necessary for the safety of the State. Home rule is demanded by the progressive spirit of our times, which demands that affairs of government shall be pla,ced close to the peo- ple and kept there. When legislation for a community is carried on at a distance remote public opinion fails to properly influence that legislation. Public hearings are efforts to overcome this evil. It is better to have our legislative body close to the community than to take representatives of a com- munity long distances to, naeet the Legislature. Let cities be kept free from the State as the State is kept free from national interference in things local. 1280 Public Papers oi*' Governor Sulzee As States adopt their own constitutions so should cities adopt their own charters. The cure for the evils of democracy is more democracy. Home rulers trust the people, their opponents fear popular control. ■ Speech, in Part, at the Banquet in Celebration of Saint Patrick's Day, at the Waldorf Hotel, New York City MonCay EvEsriN-Q, March 11th The memorj^ of Saint Patrick is an inspiration to the lovers of liberty, and an incentive for nol)ler and bet- ter things to the friends of humanity. No race in all the world has ever itiet adversity with more heroism, with finer fortitude, and sur- mounted greater obstacles, in the march of progress, than the intrepid sons and the virtuous daugliters of Ireland. One of the greatest characters of all tlie past, from whom the Irish people have ever gained hope and couriage, in their struggle for better conditions, for more freedom, and for the rights of their country, has been dear old Saint Patrick, who drove out the shakes, planted the shamrock on Irish soil, and in- structed the Irish of bygone days to cultivate love of country aiid national unity. Amid all the trials and afflictions with which the Irish people have been surrounded, they never lost faith in the dawning of the better day. In visions they liave seen and struggled for happy homes and a con- tented country. All honor and all glory to the Irish for their fidelity to principle, and their devotion to the patriotic aspirations of their race. There is no way by which one can better gain cour- age, and hope, ancl determination, to jjerform his duty , A]5)DBJ!SSES : .1281 as lie seegj the right, than to look haiak for inspiration to the lives of illijstrious men who in their day and generation had the courage of their convictions, and did their duty honestly and fearlessly, regardless of the future or of personal Consequences. ' '"' Philosophers ha-^e speculated as to whether prosper- it}^ or adversity is the more conducive to the geriiUs of accomplishment. The ^fiirit of the Irish I'ace which ha,s always met adversity with sublinie faith in tie future and a determination to overcome'every obstacle, answers the question ; ajid this faith and this deter- mination have produced the heroic rhfehaild the noble women of the Emerald Isle. i • • i ( Speaking as the Governor of the first State in the Union, I kssert without ffea,r of successful contradic- tion, the great debt the commonwealth of New^ York owes to the soiis and the daughters of Ireland! 'The earliest history of our State tells of celebrations in honor of Saiiit Patrick like that which we are holding to-night. The records show that Saiiit Patrick's day was celebrated in NeS^ York as early as 1762. The New York Mercui^;^ on Mkrch 15, 1762, informs us that the following notice was 'published : ' ' The anniversary feast of Saint Patrick is to be celebrated pn Wednesday, the 17th instant, at the house of Mr. John Marshall, ait Mount Pleas- ant, near the college. Gentlemen that please to attend will meet with the best music." In the New York Journal of March 11, 1769, appears the following notice: " The Frjendly Brothers of Saint Patrick and several gentlemen of this city, intend dining to- gether at Bolton and Siegels next Monday, and from thence to go to the play in the evening; such 41 1282 Public Papbbs of Goveenoe Sulzeb gentlemen as prbpo&e to join tHeiidt will pl6iase to send' in their name to the bar of said tavern two days before." We may read between the lines of these notices of days gone by, t]a£it Saijftt Patrick's: day celebrations were then, as now, intencleid. to f oste^ sentiments of love of good cheejT, and Qf friendship. ;,,,!; In the story of the jiinp-rifjan Eevolution we find many rel'erences to the fapt,, that tjie memory of Saint Patrick; was stimulating Irishmen tp love of liberty annJ patriotic fervor. Gr^n^raj "Washington gave orders for celebrating the day in, 1780, at Morristown, New Jersey. We read, of bis dining with the Friendly Sons , o,f Saint Patrick, wh^re the ' ' triumphant democracy ; ' ' f ', the Anijerican _ President ; " " our Army ; ' ' " our Navy ; " ' ' our heroe^ and our martyrs ; ' ' were honored , with hearty toasts. In thpse days, as to-day, the Irish people were knpyn f qr theii; joyous dispositions ; for their hearty ap- preciation I for every kindness bestowed ; for their rev- erence and venera,tioUi for.the good and great; and for their ambition to achieve industrial and political freedom and independence. Irishmen have never believed that government is a compact between, those who govern and those who are governed,. They h^ye always been ^mbued with the spirit of the De.clara,tion of Independence, that the people composing any country constitute the sovereign power; and that governments only have a right to arise through a compact of the people with each other. Irishmen have ever believed in governments aris- ing out of the people and not over the people.' They have never ceased to protest, and never will cease to protest against government by conquest. No country Addresses i 1283 has more unh-appily illustrated the evils of government founded on conquest than has Ireland. The old-time spirit of 1776, which wrote the Declara- tion of Independence, which declared that all men are created equal, and endowed by their Creator with the inalienable right of life and liberty, and the pursuit of happiness, gives rise to-day to the sentiment for home rule/ and to the demand that the people of every com- munity shall have the right to govern their own affairs. Let me say again what I have often said before that I am now, always have been and ever will be, a firm believer in home rule — in the doctrine of .the right of the people to govern themselves. In my opinion every community of men inherently possess the right of , self- government, and its denial has ever compelled the friends ofi liberty to seek through the most heroic struggles to att£|.in thi^ right when denied by despotic rulers. The establishment of the. United States, has shpwn that the people can be trusted with self-government. The eyes of suffering Ireland have ever been fixed on us with joy and hope. Where every man is a sharer in the direction of government he feels that h,e|is a par- ticipator in its affairs not merely, on election day, but on every day in, the year. A government of the people is the only government which is not eternally at war with the rights of no^an. Saint Patrick was a home ruler. He stood for local self-government. At no time can we more appropri- ately lookifoiiward to visions of a more perfect State, dealing out even-handed -justice to, all, than upon these annual celebrations of Saint Patrick's Day, when we rejoice that thrones are crumbling; th^at; JKingcraf t is passing away; that the aristocracy of idleness is vanishing; that industrial slavery is going the way of 1284 Public Papers oi? Gtgvebnor Sulzee chattel slavery; where the homes of the working peo- ple will be supplied not only with the necessaries of lifei, but with some of its luxuries ; where honest work will reap its just rew;ard ; where society will see no honest girl driven by poverty to the desperate choice of suicide or shame ; where the shadow of the gallqwS; will no longer fall; where we shall see no more oppressed humanity's o^stretched hand,^-^but where love will reign, and in every heart shall shine- the bright star of llope eternal. Remarks, in Part, of Mr. Sulzer at the Complimentary Dinner in His Honor, to Celebrate his Fiftieth Births- day, at the Cafe Boulevard, Tenth Street and Second Avenue, New York City March 18, 1913 My friends :^ No words of mine — and I speak from the depths of a grateful heart — can tell you how much I appreciate this dinner in celebration of my birthday, and of all that I owe to you for all that yoii have done for me. Here assembled are spme of the best and truest friends a man ever 'had. If I have done aught in the years gone by to justify this recognition of your kind- ness, of your generosity, and of your appreciation, the credit is yours, and th« praise is yours, because all that I am. I owe, to a very large extent, to those around this festive board for the confidence they have reposed in me, and in the rectitude of my intentions, in all the years of the past when I represented this district in the Congress of the United States. You know me as I am; and as 1 am, I ever hope to be. I would not be different if I could, and I could not if I would. You know that I have no race, no political, and no religious prejudice. The only prejudice I have AbUpesseS; i 1285: is against intrenclied wrongs, to remedy whichi I have struggled all my life. I am broad-minded in my views, I believe in my fellowman, in the good of society ^en> erally, and I know that the world is growing betterj My face is to the dawning of the better and the brighter day that heralds the coming of the Brother- hood of Man. In the future, as in the past, you can count on me to struggle to help those wljo need help; to do nay share in my day and generation for the general Wel- fare ; to aid Oppressed humanity in every land and in every clime ; and to raise the humble and the lowly to a higher level and a loftier plane in the onward march of progress and of civilization. Long ago I mad.e a vow to ; the people that in the performance of my duty no influence ^ould control me butj the dictates of my conscience and my determina- tion to ido the right ^r- as I see the light — day in and day out, regardless of the political future or personal consequences. Have no fear. I shall stick to that. Let me say again that I stand now, where I have always stood, and where I always will stand — for certain fundamental principles — for freedom of speech; for the right of lawful assembly; for the free- dom of the press ; for liberty under law ; for civil and religious freedom ; for constitutional government ; for equality and justice to all; for home rule and local self-government; for the reserved, rights of the States; for equal rights to everyone and special privileges to no one; and for unshackled opportunity as the beacon light of individual hope, and the best guarantee for the perpetuity of our free institutions. New York is the greatest State in the Union, i It should always be an exemplar of economical, an effi- 1286 Public Papees op GtOvebnoe Sulzek cient, and progressive administration. As its (rov- ernor I shall, in so far as I can, give the people of the State an honest, efficient, an economical and a business-; like' administration of public affairs. I say busi- ness-like advisedly, because I assure the business men in every part of our State that they can rely on me at all times to do my utmost to promote the commercial interests of our commonwealth. I realize how im- portant they are, and shall always be exceedingly care- ful to take no step that will jeopardize thei financial and the commercial supremacy of the first State in the. Repiiblic. Suffice it to say that I am a friend of every business, whether big or little, so long as it is legitimate, and will always have its welfare in view in the administra- tion of State affairs. To this end'I shall continue to work unceasingly for quicker and better transportation agencies in every part of the State, and for improved and larger terminal facilities, in order that New York shall continue to receive her just share of the trade and the commerce of the coimtry. Whenever in doubt it is my purpose to confide in the people, and I indulge the hope that when my official term comes to ah end I shall have accomplished some- thing to merit their approval^ knd to justify the con- fidence they have reposed in the rectitude of my intentions. As many of you know I have been over some of the celebratfed trails of our country — the trails made by our heroic settlers in the pioneer days of the Republic. A few years ago I travelled over the famous " Santa Fe Trail " stretching away from St. Louis westward and southward to the capital of New Mexico. There in the old Plaza, where the trail ends, is a gmall gran- ite shaft to the memory of Kit Carson, the pathfinder, ' ■' Addresses 1287 the' scout and tlie guide of tliat world-renowned route. On it are inscribed these simple words, '"Well done, Kit."' ■' ■ : ' >■■:.- When my. career on earth'is finished, ahd I am gath- ered to the fathers, I indulge the hope that if I 'have done aught for my fellowman, that those who appre- ciate my efforts for a common humanity will erect over my grave a Similar simple shaft, and on it inscribe the wordsy " Well' done, Bill." I want no greater re- ward — no greater glory — no more lasting fame. And so my friends, in conclusion, I thank you again one and all, for what' you have done for me; and God willing I assure you that in the future, as in the past, I shall, to the best of my ability, fight on for truth ; fight on for justice ; fight on for progress ; fight 'on' for humanity; fight on for the eaus^ that lacks as- sistance; against the wrongs that nefed resistance; for the future inthe distance, and the good that I can do. Remarks of Governor Sulzer to a Delegation of Scholars from the; Walton High School, Delaware County, N. Y., Headed by Senator Wheeler and Professor Darling, Who Called at Executive Chamber to Pay Their Respects ■ Albany,. N. Y., March 21, 1913 Governor Sulzer said : Peofessoe, Sei^atoe, Ladies and Gentlemen. — It is a great pleasure for me to gre^t you and to wel- come you in, tj^ie Execijtive Chamber of the capitol of the State of N^w; York., Nobody is more welcome here tha,n the teachers an(J th.e scholars of our ^.t^ate. I take a deep interest in. this T^eljfape of t^tie .stjid|ents and,t^e teachers in our schools. 1288 Public Papers op Gotebnor Sulzer I believe the teacher is about the greatest man, or woman, in the world. ^ The teachers' profession is in many respects the greatest profession on earth. The wofk that the teacher does for society, the general welfare, and civilization, is a work often little appre- ciated, but its lasting beiiefits to all is of farreaching . iniportance. I have always said, and repeat it now, that great credit and commendation should be given the teachers of the world. They are doing a great work for the good of humanity, and any work that benefits human- ity is, a world work that ought to be appreciated by every citizen, from one end of the country to the other. All honor to our teachers. You come from a well-known school, in a well-known county of our State. I like Delaware county, and I know something about your school. You are to be congratulated that you are students in that famous institution of learning. I know the education you are getting there, and how beneficial it is to you now, and how very much more beneficial it will be to you as the years come arid gO. ..... ., , ,1 Sometimes our students -^ the boys and girls — do not appreciate the advantages they enjoy under the free institutions of our State. But in after years, when you come to look vipon these student days, you will see things in a greater light and with a clearer per- ception than you do now. At all events, now is the time for you to appreciate all tbat your teachers are doing for, you. Be. grateful to theni; ot^ey themj be sympathetic with them; and tty to work with them for your own good. Learn all you can in your learning days. ^ Now is the time. After awhile you will not have so much time to learn as you have now. What you learn now you will never forget. Store away in Addb!esses i 1289 the backs, of your heads — that great; reservoir that Crod has put there — ^^ all the knowledge you can get, so that you can utilize it when you go otit in the world to make your own fortune. . ^ The world^ is before you. Opportunity is yours. > It is, in your owji power to JJ^ake or, mar your tfwn C9,reer. The country waits for the man^ or woman, who, knows how. Real greatijess consists in the ■- possession an^. (de- velopment of three faculties — observation, by which you acquire knowledge ;. concentration, by which you store it away;, and ianalyzation, by which you utilize it. Any individual who possesses, well-developed, these three great faculties is a geniu,s. Very t'e\Y; people in all the annals of the world have possessed them. Those that have possessed them have written their namesiin enduring fame all through the pages of human history. A man, or a woman, with these three great faculties well-developed appears on the stage of humanity only an,ce or twice in a thousand years, but he, or she, never disappears. These , kind, of people live forever. i)o not forget thai. That is the real secret of all true success in. every M^alk of life and along every avenue of pur- suit. You can look into the faces of people and see whether they have the faculty of observation . or not, by the shape of their forehead. Some have it more than others; but all have it to a greater or lesser degree. That,,is the first great thing — obserV^atipn, by which you acquire, knowledge through the eyes, through. the ears, and .through every other sense and faculty. Then comes concentration. Eemeniber that knowl- edge is of no use unless you concentrate it, that is to put it away, store it up so to speak, so you. can use it in the future when you most need it! 1290' Public Papebs of Goveknok Sulzeb And' now last! and gresltest of all, analyzation, by which' you can take that knowledge from the store- house, analyze it, like a chemist will analyze a piece of rock, and then utilize all that is of value. In conclusion let me urge you.to develop these thr€e faculties. You have them. ■ We all have them. ' Those ^ who develop them the most 'Will become the best women and the greatest men. Do not forget this. What the country needs to-day, more- i than anything else, is great men and good women who will protect and pre- serve what the fathers vouchsafed to us — our free in- stitutions —• and hand them down unimpaired to future generations. Let us all do our part, Now, ladies and gentlemen, if- you will form in line this way I shall be glad to shake hands with each of you. = Governor Siilzer's Speech on County Autonomy and Political Independence, Deliveried at the Banquet of the Democratic Editorial Association of the State of New York, Held at the Hotel Ten feycit, Albany, N. Y, Tuesday Evi!NiiNG>' Marc/i 25, 1913 Mr. Siilzer said: > Some Old Truths This is a fitting time for me to reiterate some old verities. It never hurts an old sdh^ to sing it twice. The truth is always old and ever new, and in the end truth must prevail. The record of what 1 have done thiis far is straight. I shall fight on to keep tbe record ->{ my administration straight. Addresses 1291 The Nomination The people know that my nomination for Governor came to me because for long years I worked for my party, and through my own exertions, I earned the good will of the Democrats of my State by deed's done and works accomplished. I was the candidate of a united party and an unstackled convention, I went to Syracuse not as a candidate, but to fight for a prin- ciple — the principle of an open convention, a fair field, ajid no favor. I won that fight; and as a result the standard was placed in my hands; and I carried it to victory. Campaign' Promises ■'During the campaign I sai^ over and over again that if I, was elected Governor I ^woiild go into office without, a proniise, except my ^promise to all the people to. serve th^ni honestly and faithfully and to tde be^t of my, ability; that I was free; without entangle- ments ; and that I shpuld remain free ; that when I. took the oath of offi^ce I should be the Governor pf all the people, and the; Executive office would b^ in the Capitol. No one who uncLerstaridg , tjhe, English language could have misunderstood the purport of my words. At all events I meant then what I said, and I reiterate it now ; and in theifoiture I shall adhere without deviation to every promise' I imade to the people in the campaign, . The Inaugural Address As an evidence of this, when I took the oath of office, I said in my inaugural address that it was my purpose to be the Governor of all the people, and to do every- thing in my power for progressive reforms along con- structive and constitutional lines; that whatever'! did as Governor would always be dpen to all and above 1292 Public Papers op Governoe Sxtlzer board; that I should confide in the people when in doubt ; and I indulged the hope that when my official term ended 1 should have accomplished somethiug to merit their approval, and to justify the confidence they had reposed iix the rectitude of my intentions. , The Task of Administration ' Soon after I became Governor 1 realized the deplor- able conditions in State affairs and promptly made up my mind what to do. The work was mine. The task of administrative reform was put in my hands. 'Sfhe cause was the cause of the State, and I determined to shirk no responsibility in my efforts to secure in the public service greater economy and more efficiency; to uproot official corruption; to eliminate graft; and to raise higher the standard of civic righteousness and official integrity. "W^hat I have done thus far speaks for itself, and I have only begun. No man realizes more than I do the obstacles that are put in the way. But I see clearly the right, and have concluded to go forAvard without liesitatipn and with the determination to do my whole duty fearlessly, regardless of the polit- ical future, or of personal consequences. Not an Agent As the Governor, I knew, from the experience of the past, that in order to succeed 1 had to be the Governor in fact as well as in name. I have never been an agent, and I never will be. No man, no party and no organiza- tion can make me a rubber stamp. I am the Governor. Let no man doubt that. ' . i The State Leadership My frieiids are awaire that I thought out the situ- ation carefully, because I believe in being patient and making progress slowly. When the newspaper repre- Addkessbs ' 1293 sentatives in Albany, day in and day out, reiterated their questions as to my political status, I finally told them, once and for all, that the people had elected me the Governdr; that they expected me to be the Gov- ernor; that I stood on the verdict at the polls j that .the judgment of the electors constituted me the leader 6f my party in the State ; that I should be the leader, come, weal or woe, while I was the Governor, in order to make my administration a success and meet the just hopes of my constituents ; thalt if anyone, I cared not whom, i challenged my right to be the Governor, as well as the .leader, I wanted that ihah to come out into the open, and we would submit the question to the people for their decision. '/ The Visib'le Government No one thus far ha,s, , challenged my title to the Governorship, or my right by virtue thereof to the leadership of my party in the State, and until it is challenged openly and publicly, I rest on the judgment of election day and A^iU say no, more about it. Hence I shall go forward with my work on the assumption that so long as I am the Governor the seat of political power in the State of New York is i^ the Executive Chamber of the Capitol. There all are welcome — high and low, richand poor, great and small. There at the big desk, in the big room* is the visible government of the Empire; State. .The Invisible Goveenment- , Of course I have no vanity in this matter, or in any other matter, so far as that is concerned. I assume the leadership because I waiit to make the . Governor- ship all that the people in trended it should be when they adopted the State Constitution. I am assuming very 1294 Public Papers of Goveknoe Sulzer little. I just want to do what is right; 'That is all. ' The people understand the proposition if the politicians do not. Bfetween what I believe to be right and what some other man thinks is right and wants me to do, I shall do what I believe to be right. In the last analysis I must be the final judge between right and wrongj and my conscience' must be the' only influence that decrees my duty to the State. My obligations make me respon- sible to the people. No other man can be while I hold the oflSee. ■ Between the visible government and the invisible government the rank and file know, and I have no fear of the ultimate result. Best assured of that. President Wilson ■ We know that the people elected Woodrow Wilson the President of the TJnited States, and every Demo- crat, I think, in the country now acknowledges his leadership in the national councils of the Democratic party. At all events I do, and my administration at Albany, in so far as I caii make it, will be in harmony with the Federal adininistration at Washington. : ' Certain Fundamentals Let' me say again that 1 stand now where I always have stood, and where I alwSEys' will staiid-^^ for cer- tain fundamental principles; for freedom of speech; for the right of lawful assembly; for the freedom of the press; for liberty under law; for constitutionial government; for civil and religious freedom; for equality and justice to all ; for the reserved rights of the States; for home rule and local selif -government; for equal rights to everyone aind special privileges to no one; and for unshackled opportunity as the beacon light of individual hope and the best guarantee for the perpetuity of our free institutijons. Addbessbsi 1295: Home Rule No man in all this land, is a greater believer than I am in the doctrine of home rule as a fundamental right. Long experience has taught us that many of ^ '■ the evils the people want remedied ; that most of the things the people iwant done can be remedied and can be done .thrbugh local agencies, without interference or invasion by the National or the -State Legislatures. County Autonomy We should stand s4uarely 'for home rule and local self-government — home rule for 'the State, that is, for the/reserved rights of. the State, against encroach- ments by the central government at Washingtbii ; home rule for the villages, and-' the' towns, and the cities of the I State, again&t invasion and legislative - tinkering ; andilast, but not least, for the pblitical rights of each and every county — that is County Autonomy —.-which means county emancipation and political independence from domination from any outside agency or dicta- torial invasion from any man in any other county. I want to see each county in our State politically free and independent of political interf ereiiee , f rom any other county, and have the right to settle its. own political affairs in its own political way. That is what, I mean by County Autonomy — genuine .county home rule. Firm fob the Doctkine Home rule is a part of my political religion. I shall staiid firm for this doctrine. In the^ future, as in the past, I shall adhere tenaciously to the principle of local- self-government, civil and political. A denial of this fundamental right is an indictment \6t> American patriotism and an arr^-igninent of the intelligence of our citizenship. i jiic.i 1296, Public Pai»ebs. of GrovEKNbE Sulzeb No Intekfebence, Save foe the Common Weal The people can count on me as the Governor of. the State not to interfere with home rule in any locality if'il can possibly I avoid it. Certainly I shall do all in my power to prevent others from doing it. If I -do interfere, directly or indirectly, it must be for the good of the 'general welfare, and then only in a case that rises far superior to local considerations and for the good of tlie common weal. County Autonomy Popular So my friends, for these reasons, as the Grovernor, I shall stand firmly and squarely for " County Au- tonomy " in a,ll politicat matters ; and I am determined to; recognize the political rights of the counties in every part of the Statfe, 'through their duly constituted county committees. As I view it the people of the Stete irrespective of political affiliations are entitled, by virtue of the law on the statute books, to County Autonomy in every county, without interference di- rectly, or indirectly" from any other county. If there is anything in hoiiie rule, then County Autonomy is inherently right < and must of political necessity be popular^with the maSses,'because the voters, under the law, elect the county committeemen; and the county committeemen, therefore, represent the people. As a ' believer in direct primaries, this is the only way, so far as I can see, to have home rule in the politics of a county,! and thus keep people in one county from med- dling with the political rights of the people in another coimty. ii ; I A So.tiKdE; OF Weakness. , No one need tell me the obstacles and, the difficulties that confront a public, official in the distribution of the offices. I am no novice. Politics to a very large extent Adokbsses • 1297- ' is government, and government in the s^me ratio is, politics, I know political patrona,ge is always a source, of weakness. About nine-tenths of my time is take.ii, i;ip with public duties concerning the genera,l welfare and about one-tenth is occupied in listening to appeaU of office seekers, and tryiiig. to distribute fairly the^ very few offices I have at my disposal for the best interest of the general welfare. As a niatter of fact I wish all places were in the classified Service or that I had no positions to bestow. I would be. happier and make fewer enemies;, and rklioW'I am making enemies, every' day —^bitter ^hemifes — because I cannot see my way clear in the performance of my duty tO. give men who seek office the places they desire. • The Test fok Office Of course in making a,ppointments I will listen to the s.uggestions of all good citizens, and carefully oonsj.d,er the recommendations of the county committees, but in the end I must insist that' I shall be the judge of. the qualifications of the applicant; that the applicant must be honest; that he must be capable; that he must be efficient; and finally that he must be faithful tp the best interest of the people of the State. Public office must be a public trust. That is the test. In the perform- aricfe of liiy. duty I have' no friends to reward; no enemies to punish ;. no atttbition to gratify ; no machine to strengthen; no organization to build up. That is all there is to it — an,d it is all so simple — if you want to do right. "' ' My Democb.acy > ' ' ■ i " ■ ^ . .To me Democracy is a part of my, existenc^e. .1 use th^ term in its, best and its broadest sense. I believe that he who serves the people .best serves his party best. I am a Democrat through and, through, ,g, pro- 1298 Public Papers of Govebnoe Sulzeb gressive Democrat, and a Democrat unafraid. I know thati through the agency of genuine Democracy the greatest good for the greatest number can best be ac- complished. In union there is strength, and, I want to rely on the disinterested aid and tjhe patriotic counsel of all good citizens and a united party to accomplish the reforms now demanded by the people. WmL Stick tp,Pbinciplbs i In conclusion, I cannot refrain from saying that no Governor,, in his efforts for civic righteousness, for purer politics, for, progressive legislation and ,for ad- ministrative reforms, ever neieded the help of the press and the moral support of the people more, than I do. They can count on me to do my duty day in and day out as I see the right — and God gives me the light. When I began my political career — long years ago — I made a vow to the people that in the perf ormaaice of my duty no influence would control me but the dictates of ray conscience and my deterpaination to do my duty to all the people. That is my platform. Ilave no fear. I have the courage of my convictions and shall stick to my principles. To Delegation Protesting Against Licensing of Saloons Within 200 Feet of a Ctiurch and the Opening of Saloons on Sunday .. Albany, N. Y., March 25, 1913 Governor Sulzer's remarks ^t^o a large delegation of men and women who called at the Executive (Chamber to protest against certain bills for the licensing of saloons within 200 feet of a school ; for opening saloons throughout the State oji Sunday between the hours of 1 and il p. M. and other bills. AiODRBSSES 1299 Labies AND Gentlemen. — ^It is always a pleasure for me to greet in the Executive Chamber the sterling men and the good women of our State of New York. I have listened with interest to all you have said about legislation. Of course, you know, I have a rule which I seldom break; and that is not to commit myself to pending legislation before it comes to me for ap- proval or disapproval. If I should say that I favored this bill and opposed that bill I would get in so much trouble every day, not only with the members of the Legislature, but with the people generally, that I wouldn't be able to accom{)lish much work for the people as the Governor. So I try to keep my own counsel on bills pending in the Legis- lature. It is a good rule. I am very glad to hear what you have to say, and no man in the State takes a greater interest in the welfare of humanity than I do. I am in favor of everything that in my opinion is for the general welfare, and 1 1 am against everything that in my judgment is against the best interest of humanity. That is about all there is to say. I am much obliged to each of you for your call. Good day, ladies and gentlmen. Remarks of Governor Sulzer to a Large Delegation of Citizens from New York City, Headed by Fire Cohi- missioner Johnson of tlie City of New York, Ap- pearing Before the Legislature in the interest 6f Fire Insurance Bills -^ the So=Called Anti-Arson Legislation. A^pnl 2, 1913 COMMISSIONEB JOHNSON, AND GENTLEMEN.— It is a great pleasure for me to \yelpome you to-day in the 1300 Public Papers of Goveenoe Sulzek Executive Chamber of the Capitol of our State. Of course, I kiiow, in a Waj', your mission here, and In that mission I wisii you Godspeed arid all success. There is no one in the State more anxious to prevent arson thaii I am, and anything that will bring that about will meet with my approval. You can rely on me in this matter. Doubtless you. know J have a rule which I very seldom break, and that is not to commit myself for or against legislation Before it conies to me for approval or disapproval. If I did, I would be in trouble all the time; As a matter of fact, some of the railroad officials now think I did commit myself to the full crew legis- lation awhile ago, but they are mistaken about it. There is no truth in these railroad statements regard- ing the full crew bill, so far as I am concerned. The railway people know it. But I want you citizens, and all citizens of the State, to remember that I am in favor of the general welfare, and that the general wel- fare rises, in my judgment, at all times superior to the private welfare of individuals or of corporations. I take a broad view of every proposition and in my own way decide it along equitable lines for the greatest good to the greatest number. That is my rule. I shall adhere to it in the interests of all. Let me now say that I cominend the good work Fire Commissioner Johnson has done and is doing to pro- tect life ai^dj property :^rqm fire, ^e deserves much credit, arid I congratulate you citizen^ for the support that you are giving the fire commissioner of New York city. It is a great work you are doing, in the interest of all the people, and I sincerely hope you will meet with th^ success that you should meet with in the legis- lative branch of this government. I d,o not think you jieed,' worry abput the success you will meet with in the Executive office. This office is with the people. AbOBESSES 1301 At the banquet of the Albany Society of New York Albany, April 5, 1913 GrOVEBNOR SuLZER's AdDRBSP It is a,' great pleasure for me to be here to-night and to participate in your festivity. I am especially pleased to see so many ladies present. If I were a member of your society I would move an amendment to your constitution which would provide for the ad- mission of the ladies to membership, so that on occa- sions of this kind you could have your wives and mothers, your sisters and your sweethearts sitting be- side you and not relegated to the gallery. Albany is one of the oldest and most historic cities in this country. I am no stranger in your midst, and I see many o^d friends here. No one appreciates the worth of friendship more than I do. If I were a native of this city I would do something to preserve the his- torical monuments of the place. It would be my ambi- tion to preserve the monuments the fathers of Albany left. I took a walk alqhg the Hudson the other day anjd I camq upon a hoi^s^ which is the oldest house extant in the TJnited States. It was in this .house, wh,ich lies within tbe shadow of the Capitol, that an English officer wrote a parody upon Yankee Doodle. ■ '■' A Patriotic Suggestion You should preserve this old house and turn it into a museum. Ybli should m^ke it one of the great his- torical, features of the capital .cit;y. I have been grati- fied with the spngs anfl good fellowship here to-night. Occasions of this kind ialwiajra bring- up memories of the pket. This is a hqnie coming and I am surprised to know that so many great men were born in Albany. 1302 Public Papebs of G6veenob Sitlzeb You have Ohio beat to a frazzle. The luckiest thing that can ever happen to a man is that he Ibe Isorn in Albanyj and no people are more welcome at the house where I reside than the members of the Albany Society of New York. ' ' ' '^ ' The. conclusion ofi Governor Sulzer's ispeech was greeted with a rising ovation which lasted for several minutes. ! Speech, in Part, of Qovernor Sulzer at the Banquet Given by The National Democratic Club, at the Wal- dorf-Astoria Hotel, New York City, Saturday Night, April 12, 1913, to Celebrate the Birthday of Thomas Jefferson It is a pleasure for me to be one of the guests io- night of The, National Democratic Club. I congratu- late its members on keeping alive the memory of the author of the Declaration of Independence and! the fouiic^er of true democracy. Jefferson 's Birthday It is proper and patriotic that thp birthday of Jeffer- son should be celeibrated in all lands and iii all climes by jthe.loyer^Oyf liberty ^nd,the .friends of freedom. The principles of Jefferson have been on trial for a century and are more secure and more popular to-day in thp hearts qf hunaanity than ever belf opq., r Jefferson a Man of Alt. Time Jefferson was not of an age, but a man of all time. I know. of few men of whom this; can be more triftth- fully said than of the third Presijlent of the Union — a man of such marv^lpus^ intellept^^al, power an(^ ere- Addresses - 1303 ative force that he will be a leader of generations yet unborn. ^ . ; , He lived at a time when agitation and conflict teMpd to develop the highest powers of mankind, but^ the work that he did for the people in 'those days of storm and stress, redounds to our advantage to-day and ex- emplifies the eternal truths which lie at the very foun- dation of popular government and tend to promote and preserve human liberty. Ahead of His Time The man who wrote the Statutes ill Virginia for' religious freedom and w'ho penned the verities in the Declaration of Independence, -w^as a' century ahead of his time. He waS one of the greatest apostles of hu- man liberty in all the ah'nals of history. We aire just catching up with his love of freedom, with hik pro- gressive principles and with the spirit and the wisdom of his political philosophy. His Peinciples Eternal i > . ■ li Thomas Jefferson, lives. His example endures. His principle^ are eternal. As t^ie years come jand- go tjie hprpic form of the Sage, p;!^ Monticello looms larger aiid larger i on the Jbiorizoji of man. For centuries yet to come, this simply man of the, people. will wield a mighty , infiupjice on, the destinies of the human race. The. Empire State It is gratifying, io a per,sonal way, that I, am, asked to respond to the, toast, of The Empire St^te,— eon^ ceded to be the: first., and the , grea;test State in the Union. It has a larger populat;ioji now than the entire country had during, the ;ftdministra|;iQn of Jefferson, 1304 Public Papeks of Gov^nob Sulzer and its, diversified interests are a thousand; times, more extended and complicated than the interests ot the Republic a oentiiry ago. r ;; [■ At THE Head, OF THE Cpi/UMN ; ', New York State moves on at the head^ of the column and keeps pace with the march of the IJnio]^ To-day it possesses more than a twelfth part of all, the wealth of the United States and contains more,tHaii a tenth of the population of the entire country. Our citizens have every reason to be proud of our commonwealth, and I know .frpm long experience that they .take, a deep and an abiding interest inthe a,dvanc^ment of her roia- terial welfare,; and in the,„prpBi.otipn. of her agricul- tural and commercial suprepiacy. Our motto is Excel- sior, and to accentuate that motto and maintain our prestige in the Union of our sisterhood of States, there must be constant progress and no step backward. Every citizen of New York must, do, his duty, and must do his best, to keep our State in the vanguard of advancing civilization. ; ; 1,1 ' " '■ ■ New York the ExemplaK New York should always stand as ah exemplar of law and order, and of econoihical, and efficient, and progressive administration. I am prOud to' be its Governor, and I have promised the people that in, so far as I can it will be my constant endeavdr to inaltxtain law and order; to protect life and property, and to give the State an honest, an efficient, an economical and a business-like administration of public affairs. ' I am friendly to every legitimate industry. I have no, prejudice against business, big o.r little, so long as it is honest; and the business men in every, part of oiir. State can rely on m,e at all tim,es to do toy utmost to Addbesses . 1305 promote its commercial interests. I realize how im- portant they are and shall always be careful to make no move that will jeopardize the financial and the busi- ness suprdma'cy of the first and the greatest State in the Republic.' To this end I have been workin^ever since the first day of January for quicker and better transportation agencies, and for improved and larger terminal' facilities in order that New York shall con- tinue to receive her just share of the trade and the commerce of the country. A Word oi? Caution to Labor They say I am a friend of the poor and the toiler. If that be true it is also true that I am a greater friend of law and order and of life and property. A word of caution On this occasion may be timely. I have no sympathy with lawlessness. Noman in all our history was a firmer believer in law aiid order than Thomas Jefferson. ■ ,,! ; ,; I, The Rights of Labor and Capital The right of a man to labor is inalienable and the right of a man to quit work is just as undeniable. Neither capitjal nor labor has the. right to take the ,law in itg own hands. If capital does wrong that is no. reason why labor should ,do wrong, or vice versa. Two wrongs never, did and never will make a right. ;Iji,a government such as ours,_the reign of law inust not give way to the reign of force. The law must be obeyed by all. ' Good Advice The best ddvice that aiiy friend can give labor, ojg^nized or otherwise, in its struggle for its just rights, for better conditions, for greater progress ^nd for more equitable distribution of its fruits, is obey 1306 Public Papers of Gtoveknoe StriiZBE the law. Labor's only hope is here. No man is greater than the law in this country. A Believer, IN Law an^ Order No individual in all our State is a greater believer than I am in the supremacy of the law. uLetiUO one misunderstand me when I.say that the, present Gov- ernor of the .State' of New York, stands for the con- seryation pfilaw. and order, and the protection of life and property. During my term of office, every power at my command will be invoked, and every agency of government will be utilized, at all times, to the accom- plishment of this end. No matij rjqhpr poor, high or low, great or, small, is above tl^e.law. , No rnan, no matter what he believes is his grievautce, or what he thinks are his rights, must take the law into his own hands. Contempt for the law destroys the State., The law is supreme, and every man must bow to its observance. There must be no lawlessness in the State of New York. This is a land of liberty, but it is now, always has been, and always will be, liberty under law. Remarks Of Governor Sulzer to a Large Delegation of Labor People Who Appeared Before the Legislature in Behalf of the Murtaugh^Jackson Bill for Work> men's Compensation, and Who Came to the Execu= tive Chamber to Pay Their Respects to the Governor Albany, ^^jnZ 22, 1913 Mr. Chairman and My FRi;ENfls. — It is a great pleas- ure to me to meet you ^nid to greet you to-day in the Executive Charqil?6r, , ^^ You are welcqm^h^re. Many of you 1 know person- ally, and hfive known for, years., .J,;^™^ sorry you did not get a hearing to-day in the Legislature. Addresses 1307 '• My judgment is that every man should have this hearing, and I make it a rule to hear courteously all people who come ito be heard. My experience is that' if men have their day in court, whether they win ■ or lose, they are generally satisfied. Certainly in a gov- ernment such as ours everybody is entitled to his day in court, and to be heard. • '.n. ()ii; ' You know doubtless I have a rule, which I very sel- dom breakj and that is not to get committed to legisla- tion until it comes to me, as the Governor for approval or disapproval. I* lov - " , -/'• You can readily comprehend the difficulties. I would be in with the' legislative branch of the government if I said to everybody who came here, ' ' I am in favor of this bill, or I am against that bill." If I did that I would never be able to get along with the Legislature. As it is, diplomatic as I try to be, I am having some difficulties. (Laughter.) '"" ' '• The object of your visit has been Avell expressed by^ your able chairman. My sympathy is with you in your efforts to write upon the statute books a good workmen's compensation bill. I urged that in my message to the Legislature, and I have never missed an- opportunity since ' the first day of January, when members of the' Legislature came to see me about this or that ot the other thing, to urge the passage of such a measure. I am very much in favor of it. I have beeh in favor of it, as Mr. McDonough here will tell youj for many years. An honest workmen's compen- sation law is legislation along the right lines, and I sincerely hope before the > Legislature adjoiurns it will i pass the bill you want. (Applause.) ■va;->' ' ' '" That is all I care to say now. , But those who are near to you,i and who represent you, can tell you of the ] 308 Public Papers of Goveknor Sulzer work I am doing for the cause, and the success we are meeting with, and the obstacles whichi arei put in our way. I understand the situation and 1 want to be , frank with you, but I have to be, as you know, cautious and weigh carefully every word I say. As a matter of fact, a great deal that I do not say is said for me by others — and often to my disadvantage. 1 haven't the time to contradict the rumors. I make it a rule never to affirm or deny a rumor. Life is- too short. (Laughter.),; ,, The way for you to win your battle is to keep at it. Fight on. , If i you don 't get your hearing to-day, have as many of yoiir, people as possible here the next day, and just keep fighting on — fighting for what you know is right, is true; fighting', for \v:hat you know is just. And just as sure as the day follows the .night, in the, end you will win. That is the only way great reforms are accomplished. That is the only way great con- structive legislation is written upon the statute; books of a free people. (Applause.) , , i, Speech at Dinner Qiven by Letter Carriers of Albany, Troy, Schenectady,. >yatervliet ,^nd. Cohoes,' at Ke^eler's Hotel, Albany, at Which Qpvernor Sulzer Was a Guest April 26, 19i3 After being introduced by the toastmaster, Joseph A. Lawson, Governor Sulzer addressed the letter car- riers somewhat in this manner : ' ' My Friends.— I say ' m.y friends ' advisedly, b.e- oause I know I have no better friends in all tiiis land than the letter carriers. They posses^, a trait which AddbIesses 1309 is the greatest virtue that a man can have' — the virtue of gra.titude. They are grateful, and gratitude is the fairest flower that ever perfumed the human Heart.- No politician ever did anything for the letter carriers tha;t he did not get back 100 per cent. It is a great pleasure for me to be here to-night, because I know you and believe in you. Just eighteen years ago, about this time of the year, I went to Congress. My district was once represented in Congress by '. Sunset ' Cox, the best friend the letter ca,rriers ever had in this country. In old New York, in the old square in Eighth street, is a monument erected to Samuel Sullivan Cox by 'the contributions of the letter carriers in New York city. I never pass that monument ^— I live only three blocks away from it -^ but I think of , the appreciation and the gratitude of the letter carriers. And that monument, meaning what it does, had much to do with influencing me while in Congress to work and to vote and to talk for the welfare of the letter carriers.; " I fought for your rights just as I should ha.ve done, froin that day until Reilly came. '' Then he took up your cause and. fought successfully until he, put upon the statute books the eight out of ten hour law in your behalf. If he succeeds in getting for the letter car- riers in the future as much as he has got for them in the past, there won't be anything you want but what you will have. " (Prolonged applause.) "As the Gov- ernor of the Empire State, it is a pleasure to welcpme a distinguished son from our sister State, Connecticut. " There's another whom I am very igratifled to see here to-night, and that is Brother Kelly. He deserves the appreciation and the gratitude of every letter car- rier in Greater New York and in greater America. I am glad to see Brother Ten Eyck here. Who is winning favor in the House. "\ 1310 Public Papers of Oov:^enoe Sulzek '! ' Of all the employees of Uncle Sam there are none bettier, more honorable, more industrious than the let- ter carriers. In; sunshine and storm, in trial and triumph, in all seasons the honest, faithful carriers are always doing' their duty. There is no agency that brings so much hope or joy as the man who brings the package with the news from house to house. We can see the mother waiting for him and we can see the people of all the land; waiting for the man with the letter. 'Way down deep in their hearts the people loVe the letter carrier. They believe in himiand trust him. - '' I. think I made a mistake iu leaving Congress. '■ It is the greatest forum in the world, " continued the Gov- ernor. *' The people of this country ought tobe grate- ful to the members of that body for they do a monu- mental work there every day of the session. If there is any place on earth where great men meet their level it is in Congress. No school that was ever instituted in the history ;of the world is as great as the Bouse of Representatives. I'd rather be a Member of the House than hold any other position in the land. It is the highest elective office in the gift of the people, for the people do not vote directly for the Senators or for the President. The Members of Congress work harder for their paltry salary of $7,500 a year than any of the professional men of the country whose income is some- times as great as $25^000-. i In the crucible of Congress our representatives are triedj and the good and bad are separated. I am glad to see two Members of Con- gressi present here to-night in the persons of Peter G. Ten Eyck and Thomas L. Eeilly, and I want them when they meet my old pals in the House to tell them that I sometimes think. I made a mistake when I left the House of Representatives. " Addresses 1311 Speech of Governor Sulzer to the Chairmen of the Demo- cratic County Committees, Many Members of Same, and Several Hundred Others, Assembled in the Ex- ecutive Chamber, at Noon, to Discuss the Statb-Wide Primary Bill, Now Before the Legislature Albany, April 26, 1913 Let Us Keep the Faith Governor Sulzer said: Gentlemen, it is a great pleasure for me to greet you, to-day^ in the Executive Chamber of the State of New York. It is very good and very patriotic of you to come here — :to leave your affairs aiid your business — and to give your time and your attention to the cause of the people, whom you in a! very large degree so truly represent We are met here, to-day, to do what we can to keep the faith, and to redeeni our pledges. We prornised the people in the last campaign that if we were success- fijl, we would give them — amoijg other things -;— a State-wide direct primary law. I ran for the GoyernorsI^ip on the platform of the Syracuse Convention. I helped to write ij,hat platform, and after I was nominated I stood on it throughout the! campaign — squarely and honestly. At the request of my party I made, a campaign through the State. They tell me t spoke to more people during the contest than any othey Democratic candidate in all the history of the State. I t.6ld the people that if I were elected I wo^ld do everything in my power to carry out the pledges of my party as ]312 Public Papers of GrpvEENOB. Sxjlzee enunciated in the Syracuse platform. Many doubted the sincerity of .these campaign speeches; but there was one man Who never doubted their sincerity, and that is the man who; is now GroveVnor of the State. I meant what I said then, as I meaii what I say now. No man, no faction, no party, can make me a political hypocrite. (Applause.) When I cannot be honest in politics, I shall get out of politics. I believe honesty in politics will succeed, just the sa,me as I believe honesty in business will succeed. If anyone doubts that, all he has to do is to think of what has been ac- coraplished in this co\iiitry during the past , quarter of a century by the men who have dared to be true, and have been honest in politics. When I make a promise to the people I keep it, or I frankly tell the people why I cannot keep it, When my party makes a promise, to the people, I want my party to keep the promise, or I want the people to know the reason why. Let us keep the faith. That is where I stand, and I will stand there to .the end. If any Democrat is against me in ihy determination to keep I)emoci"atic faith, I must of necessity be against liirti. It is, all very simple to me. If any !Dembcrat in this State is against the Democratic State . platform that man is no ,true Democra^ ; and as the Democratic Gov- ernor of the State I. shall do everything in my power to drive that recreant Democrat out of the Democratic party. That, is all there is to this matter. We must keep faith with the voters. Let no man misunderstand me. I believe in calling a, spade a spade. ' I believe in telling the truth. I am making war on no true Democrat. I want to treat every Democrat fair a.nd "square and just and right. I am a DemoOrat through ahd through, but ADbaEssiBs 1313 I do not want any so-called Democrat to make war on me. If any Democrat in the State tries to make war on me I shall fight him to the end — and if necessary summon the party leaders here to decide between that man and me to determine who is honest and who is right. . There are fifty-one count;^ chairmen assembled here oiit of sixty-two all told in the State. You are the rep- resentatives in your respective counties of the Demo- cratic piarty. You are its bone and sinew — its life and blood. You have been put in your positions by the Democratic voters in your counties. You have got to be truei to these Democratic voters or you have got to reckon with me for your recreancy. Do nolj ,be de- ceived. There is no, ma,n in this iS<;ate who knows public opinion, better ^\i&^ I d.o, or who trusts it more. Whatever I am; whatever I have been; whatever I hope tojbe; I owe to the people. Yes, you know; and you know that the electors of the State of New York, regardless of party affiliations, are;in favor of State-wide direct primaries. If that question were submitted to the people in any Assem- bly district of this State it would be carried over-- whelmingly for State-wide direct primaries. There has never been a time in all the history of the Republic when the pedple could get some of the power the fatheirs failed to givie them in the formative days of our country — when some thought the people in- capable of self-government — that the people did not seize the power and feel grateful to those who gave it and trusted them. is there anyone here who doubts it? Is there any man in tlie Republic who doubts it? If so I point to 42 1314 Public Papers of Goveenor Sulzeb the adoption of every amendment to the Federal Con- stitution from the days of Jefferson down. That is the evidence. That is the proof . Every student of our history knows it. So I say that if we will give the people this power to .nominate, they will tak^iiit gladly; they will not abuse it; but on the contrary exercise it, rightly and properly. The only men who fear tct.do that, are the men who , do, not trust the people. . . ,,,.,.:,.,,, The Democratic party now has a great opportunity. I want it to make good and keep faith with the yqters. Is that tpo much for the Deinocratie Governor to ask of the Democratic party? All rwaht is to tave tte party in which I was born, and in which I am going to die — the party of my father, and the party of my hopes,' and my ambitions, and my aspirations — to be true to itself; true to its promises; and true to its principles. What Democrat would have me be false? If there be such, let him come forward now, or forever hold his peace. The Governor here at this desk is the visible ' government. His administration is open : and above board. Against great difficulties and many ob- stacles this Governor is trying to do his duty to all as God gives him the light to see the right. What Demo- crat wants him to fail? In his struggle for the right, for honesty,, fqr civic righteousness, and for better things he appeals to the electpi^ate of the State of New York to come forward now and help restore the gov- ernment to the people. In this battle for the right; in this fight for the people ; in this struggle to have the Democratic party teep its pledges the, Governor summons the Democrats of the State to come to the support of the man they electeid. Governor. So Adkbesses , 1315 far as he is, concerned there will he no step backward. There shall be no compromise, There is no middle ;ground. ot ■ .j^y i..>,! ,: Can I say morel Can any human being whose heart is true and whose head is steady do more than I am doing? Does any man who ever occupied this office deserve help more than I do? i)./!-, 4^ *ifp Rest assured that in this struggle those who help me will- win my gratitude; that those who oppose me^will merit condemnation. Every Democratic chairman, of every Democratic committee, in every county of the State, must now decide whether or not he is going to be with me or going to be against me in trying to carry out our platform pledges and to make good our .political promises. If he is with me I will be (-with him. If he is against me, mark well what I say, I shall be against him. He must either be a party, to driving me out of public life, or I must be a party to driving him out of the Democratic party. .ibki 0/ Let me tell you something. I have been an advocate of State-wide direct primaries ever since the movement began. As a member of Congress, for many years, I know exactly how this reform began to restore tjie government to the people. For a long time we Demo- crats were in a hopeless minority in the Congress of the United States, and every time we would get beaten by the majority, we would retire to the cloak room to nurse our defeats, and to take counsel as to what we could do to prevent similar disasters.- We finally de- termined that 'the only way we could ever get control of the Congress .was through the agency of direct primaries. In every southern State since the recon- struction days they have had State-wide direct pri- maries; and every southern State has continued to be 1316 PuBLjc Papers of Ctovebnok Sulzbe Democratic. So we thougM it would be a good thing to extend this system of letting the people nominate as well as elect. Finally we extended it to some of the inter-mouiitain States; and then to some of the Pacific Coast States ; and then to the Middle-West and the East; so that to^ay in these United States, thirty- nine out of the forty-eight States have State-wide pri- mary laws — many of them much more radical than this bill of ours ; many of them far more progressive ; many of them much more in advance. In nearly every one of these States the Democratic party seldom won an election until direct primary laws were written upon the statute books. So if any one tells yoii that State-wide direct pri- maries is not a good thing for the Democratic party, ydu deny it, and point to what the Democrats in sister States have done through the agency of this beneficent law. No man fears direct primaries, except a man whose character, and whose ability, and whose men- tality, and whose democracy canriot bear the search- light of publicity. No man fears direct primaries, unless he wants to ibe the creature of the invis- ible government rather than be the servant of the people. Our State-wide direct primary bill is a good meas- ure. I am for it. My friends are for it The Demo- cratic party is for it. On this issue there is no middle ground. The Democrats of the State must be with their Democratic Governor, or they have got to be against the Democratic party. Let every Democrat decide. All my life I have fought for the right; for the truth ; for justice and progress and humanity. I shall not change now. Addresses 1317 Wiiat Democrat in our State is going to be false to the platform, to be a traitor to the party, and to de- sert me in the performance of my duty? In this cause for direct primaries I have no fear of the ultimate result. The people will win. I say deliberately to you Democrats that you have got to line up your repre- senta,tives in the Legislature to pass this honest, this just, this fair, this noi?.partisan State-wide direct pri- mary bill, to keep our pledges, or I will line lup the people against you, and your representatives, for your failure to be true to our platform. ,. Let, , no one be in doubt.. If you think I will not fight, you have another think coming. If you im- agine that I do n,ot know the rules of the game, remember, I have been in the game practically all my life. They beat Governor Hughes, but I am determined they shall not bpat Governor Sulzer. hei me tell you, that if the ,f fiends of this reform cannot write; this State-wide direct primary law upon the statute books of pur State before the 31st day of next Deqember we do not know the power behind this desk. I -If: we fail in this fight, it will .be, due to the fact that we do not realize the powers and the agencies of the Executive. All of that power, all that is ! honest, and all of those agencies, will be used from now; henceforward tp defeat and to crush th« Democrats who would inake the Democratic party pf the State of New York the laughing stock of the people ; who would make the Democratic party of the State of New York dishonor its name and become a political hypocrite. This aft&rnoon at two o'clock the joint committees of the Legislature will give a hearing on our State- 1318 Public Papers of GrpvEKNOR Sxtlzek wide direct primary bilL This measure hag been very carefully prepared by some of fine ablest minds in our State, and some of the foremost leaders of all political parties in our commonwealth. It meets with the ap- proval of the people, arid substantially carries out the promises of the platforms adopted by all parties in the last campaign. Every Progressive, every Repub- lican, and every Democrat in the Legislature is bound in honor to vote for this measure. I ask you in the name of our party, in the name of hoiiesty, in the name of truth, in the name of progress, to attend this meeting, and by your voice and your presence, by every effort known to the cause bf good government, to do all in your power to get this State- wide direct primary bill written upon the statute books before this Legislature adjourns. Let us do all in our power to make the representa- tives elected by the people keep the faith; keep their pledges; and do what the people want. Let us do all in our power to compel the men who were elected upon these platform promises, who pledged their words to the people — when they asked for their suffrages — to carry them out — who got into oflSce on these plat- forms and by these pledges, to make them good now, or never go back home to tell the reason why they failed. That is about all I think I ought to say, and perhaps I have said too much. But never mind — whatever I have said, I hope will b6 pondered over by the men who are anxious to defeat the will of the people, who are trying to violate the faith of the party; and who seem determined to break the pledges of democracy. Let us be true to ourselves. Let us be honest. Let us keep the faith. And just so sure "as the morning Addresses 1319 follows the night, just so sure will the people of the State, bless every man who has, done his duty in this gi?eat cause; , (Applause.) .:> c ,-, . > :^ In conclusion I cannot refrain from saying that this is an historic day in the annals of our State. Thi^ is a memorable scene, seldom' if ever, witnessed in this Executive Chamber. Some lady criticise me for doing what I am doing. I cannot help that. Those who be- lieve in me know I am doing my duty. I shall submit p£),tiently to unjust criticism. But 1 know — and no one on earth knows it better — that in the last analysis, when the future historian comes to pen the story of this day, he will gi?e a large page in our annals to the brave men who are asseniibled here, with determina- tion in their hearts, to see to it that the representatives in the Legislature are not false to their pledges ; not false to thleir party; and not false to the people. Governor Sulzer's Statement Regarding Doctor Draper, Former Commissioner of Education Albany, May 1, 1.913,: : I have just come from the funeral of Andrew S. Draper. In his death the State of New YoTk loses a useful, an invaluable, and a most patriotic citizen. During his lifetime he did a great work for the State, and that Work as the years come and go will be more and more appreciated by those who have been benefited and will be benefited. A really great man has passed over the Divide. 1320 Public Papers of Gtoveenoe Sulzek Address at the Luncheon in Honor of the Governor, by the Business Men of Buffalo, Ellicott Club, Monday, May 19, 1913. A POLITICAL PROMISE SHOULD BE AS SACRED AS A BUSINESS PLEDGE. Mr. Sulzer said in part : " It is a great pleasure for me to be the gtifest of Buffalo — the City Beautiful — and I appreciate the courtesy of your city, and the hospitality of this well- known Club — one of its greatest agencies for the pro- motion of its general welfare. " Buffalo is the second city in our State, and one of the greatest cities in our country. I have many friends here, and I am very grateful to them for all they have done for me in the past. That friendship is enduring, has been tested in sunshine and in storm, and compels me to say that I have a large and a grateful place in my heart for the good and the patriotic citizens of the Queen City of the Lakes. " New York is the greatest State in the Union. Every citizen is proud of its supremacy. It should always stand as an exemplar of economical, a,nd effi- cient, and progressive administratiiOn. As its Gov- ernor I have been trying, tp the best of my ability, to give the people of the State an honest, and an efficient, and an economical, and a business-like administration of public affairs. I say business-like advisedly, be- cause I assure the business men, here assembled, that they can rely on me at all times to do my utmost to promote the business interests of our commonwealth. I realize how important they are, and shall always be exceedingly careful to take no step that will jeopardize Addresses - 1321 the commercial supremacy of the first State in the Ee- public. "New York State stands for law and order. No man in all this land is a greater believer than I am in the supremacy of the law. Let no one misunderstand me when I say that the present Governor of the State of' New York stands for the conservation of law and order, arid tile protection of life and property. During my term: of office every power at my command will be invoked, and every agency of government will be utilized, at all times, to the accomplishment of this end. " No man, rich or poor, high or low, great or small, is above the law. No man, no matter what he believes is his grievance, Of what he thinks are his rights, must take the' law into, his own hands. Contempt for the law destroys the State. The law is supreme, and every man mu&t bow to its ' observance. There must be no lawlessness in the State of New York. This is a land of liberty, but it is now, always has been, and always will be, liberty under law. , " When I became Governor I put aside, to a very large extent, all partisan considerations, and deter- mined to be the Governor of all the people, and to give them, in so far as I could, good government. There is no partisanship in good government; The people ex- piect good government, and certainly they are entitled to it. That is the least they should have from the men they put in office. " I make it a rule to promise little, but to work unceasingly to secure results. The people know that an dunce of performance is worth a ton of promise. So I am conscious that my administration in the last analysis will be judged not by what I say, but by what I do, and by what is accomplished. I shall continue 1322 Public Papebs of Govebnoe Sulzbr W work for the things the people want, and to do the things the people want done, regardless of the obstacles in the waj^, or the personal or ,the: political conse- quences. : . ''When I became Governor I determined to shirk no responsibility. I took- up the burdensome task of administrative reforms. That was the cause of the State, and it is worthy of the zealous efforts of any man. I have been working assiduously to institute reforms' along administration lines, and have accom- plished much in this connection during the few months I have been in office. Many of you are aware of what has been done, and how it has been done, and the diffi- culties ithat had to be overcome in order to succeed. " The general welfare is the supreme duty of,, the State, and those who administer the business of the State should exercise every agency of the ; State for good government; every power; of the commonwealth to correct existing abuses ; to secure greater economies ; to institute more efficiency; to uproot official corrup- tion; and to raise highei? the standard of official integ- rity. :■ ' •■■ "It is incumbent on the business men of tlie State to take an interest in State affairs. Thfey owe a duty to the State. We cannot con- duct State matters along business lines if the business people; of the State fail to do their duty to the commonwealth. No matter how engrossed a man may be in his own business affairs, he should at least be patriotic enough to give some time to matters of public moment; study the questions of the daj"" along broad lines; and do everything in his power to promote the general welfare and good government by electing honest and intelligent men to office — men who are true Addresses 1323 and sincere — men Who will faithfully live up to their public obligations and carry out, in letter and in spirit, their pledges to the people. "A political promise should be as sacred as a busi- ness pledge. Whenever a representative, or a party, makes a solemn promise to the people, it should be lived up to religiously and carried out in absolute good faith. The voters should see to it that this is done, and if they fail to do their duty in the premises they caiinot expect to have good government. ''A long experience has taught me that the people get about the kind of government they seem to want. If it is good, or bad, or indifferent, the responsibility, to a very large extent, rests with the citizens and not altogether with the officials. If the voters will do their duty the servants of the people will do their duty. The citizen, however, must ever be vigilant. " I am in a struggle now to have my party, and my party's representatives in the Legislature, live up to the pledges they made in the last campai^, Iwant my party to make good, to keep the faith, to demon- strate its ability for sound administration; for honest performance; and to give the people all . that was promised when we asked for their suffrages. That is all I am trying to do; and it is, of course, dishearten- ing and discouraging when men in my own party do everything they can to thwart my eifforts by putting in my way every obstacle in their power. " Have no fear. I shall do my part to keep the faith and to redeem every promise. " I want New York to move on at the head of the column, and keep pace with the march of progress. To-day it. possesses more than a twelfth part of all the wealth of the United States, and contains more than a 1324 PuBDic Papebs of G-oyebnob Sulzee tenth of the population of the entire country. Our citizens have every reason to be proud of our com- monwealth, and I know from long experience that they take a deep and an abiding interest in the advance- ment of her material welfare, and in the promotion of her agricultural and commercial supremacy. ' Our motto is Excelsior, and to accentuate that motto, and maintain our prestige, in the Union of our sisterhood of States, there must be constant progress and ho step backward. Every citizen of New York must do his duty, and must do his best, to keep our State in the vanguard of advancing civilization." Speech at the Auditorium in Buffalo, N. Y.,' Monday, May 19, 1913. WHY I AM FOR DIRECT PRIMARIES. Mr. Sulzer said : "It is self-evident to me that if the people \ are competent to directly elect their public officials they are also competent to directly nominate these officials. "If it is important for minor officers to be nomi- nated by the people, it is still more important that the people be given the power to nominate candidates' for United States Senator and for aovernor. That if pub- lic service corporations and special interests seek to control public affairs for the promotion of their selfish ends, through the manipulation of party conventions, the plain people should seek to do the same thing by taking in their own hands the right to nominate di- rectly these important officials. ,. "The truth is that the delegate system. of nond- nating officers has completely broken down and proven Add^e^ses I 1^25 itself not only inadequate to carry oiat the wighe^ of the people, but it has be^onij^ an instrumentality through which the powers of government are prostituted and brought under the dominion of unscrupulous men seeji- ing special privileges. , < * "In this > campaign for direct primaries, I am ap- pealing now directly to the people, and they are re- sponding as they always will respond when their rights are jeopardized and their liberties are subverted, and they hear . the call of duty and see the opportunity to assert effectually their inherent power and inalienable rights. " From every farm, and hamlet, and town, and city come voices declaring that the time has arrived to, dissolve the political bonds by, which the few have enthralled the many by skillful, secret and, disgraceful manipulations of; party conventions, and to establish State-wid^ direct primaries, abolishin,g State conven^ tions, as they have already been abolished in two- thirds of the States which form this Union, " Every day I see accumulating evidence of the truth, which I stated innjy recent Direct-Primary mes- sage to the Legislature, that those who would subvert the powers of government to personal advantage and tp special privilege find their greatest opportunities to carry on this nefarious work through the skillful ma- nipulations of political conventions. " Political cpnventi.ons must go. Disgraceful secret alliances between special privilege and crooked politics must cease. That is all there is to it. " The power of special privilege is greater in New York than in any other State, because in New York is centei^ed the great financial interests of the Nation. Most 0^ these interests are sound, legitimate and honest, but some of these interests are illegitimate, and 1326 Public PapekS of Govt^rnor Sulzek it is the last mentioned kind which are fighting th^ salntai'y reforms which I ani advocating — reforms which will faithfully carry ont the letter and spirit of the political platforms of every party in this Statei. " The spirit of true Democracy is summed up in the slogan ' Let the people rule.' They cannot rule until they obtain a successful method of nominating the candidates of all political parties. " N'etvr York State is one of the last States in the Union to capitulate to this present-day demaxid foi" popular rule in the nomination of candidates for all public offices. It is bound to come in New York. The fight is on, and the people are in earnest. ' ' The power of special privilegfe is making its last stand in our State, but will be overthrown, and over- thrown speedily, by a righteous public sentiment. " Every day I am hearing from Senators and As- semblymen who voted against our direct primary bill, and who now assure me they will give it their support at the coming spedal session of the Legislature, be- cause they have learned since they returned home that by voting against the diredt primaries, they misrepre- sented the sentiment of their constituents. " From others I hear that they \(/^ill support the bill if it be amended so that State conventions may be con- tinued. The play of ' Hamlet ' with Hamlet left out would not be more of an abortion than a direct pri- maries law with the State convention retained. " To have direct primaries and to have State con- ventions is impossible. Ditect primaries have been devised to permit the people to nominate their officers directly without tlie intermediary of delegates, and as, of course, ybu Cannot have State conventions without delegates, it follows that State conventions must go and honest direct primaries must come. There is no Adbkesses 1327 middle ground. There can be no compromise. iTliose who want to straddle are against us. You cannot straddle a principle. ; , , " The widespread demand for direct primarie|' orig- inated mainly from the scandatlous failure of State con- vjentions to faithfully .reflept the sentiment of the voters., Again and again candidates having strong support in ^tatp conventions have been set aside and the bosses have brought forward at the last moment a dark-horse candidate and secured his nomination through, skillful political manipulations. ' ' There are only two kinds of primaries — direct and indirect. The latter constitutes the reactionary delegate system;, the, former constitutes the present progressive system. There are no two ways about it. The principle adniits of no compromise. I am for the direqt system. I want the people to. nominate be- cause I want the people, to rule. " The Democratic party, in the State of New York, in its last State convention, declared in emphatic terms for direct, primaries ; and , ^tate-wide .at that. ; ' ' I believe it is my duty, as the Governor, elected on that platform, to.dq everything in my power to carry ojit this solemn pledgp. , Every Democi:at in the State ejepted on that platform should uphold my efforts to redeem the pledge and keep faith with the voters. " So far as I aui concerned there wilj be no step l^ackward. I am in the fight to stay and to the end. Hence I urge every honest Democrat in the State yylag believes in fair play, who wants to keep gpod faith, and whp favors redeeming solemn party promises tp- aid me in the struggle. ,, ' '■ WeVUl win. inthei end. The leading newspapers of the State : seven-tenths of the voters of the State, regardless of party affiliations ; and the overwhelming 1328 Public Papebs or Govebnob Sulze^i popular sentiment of the people, are behind the' cause for direct primaries, and are with me in the fight' for the legislation. * ; . "Let me tell you briefly just what our direct pri- mary bill accomplishes: " 1. All party candidates for public offices, except town, village and school district offices, are to be nomi- na,ted directly by the enrolled piarty' voters at an official primary. " 2. A State committee of 150 members, bne from each Assembly district, and a county committee for each county; to be elected directly by the enrolled party voters at the official primary. All other com- mittees to consist of the members of the State com- mittee and the members of the county committee or committees residing in the political subdivision. "3. All party Candidates for public office to be voted for in the official primary to be by petition only, the same as independent candidates. "4. Eyefy designating petition to contain the ap- pointment of a committee for filling vacancies on the primary ballot. ' ' 5. Candidates to be arranged dn the ballot under the title of the office. Order of arrangement to be determined in eacb group by lot by the conunissioners of election in the presence of tbe candidates or their representatives. All emblems on the primary ballot abolished. Names of candidates to be numbered from one upward. Voter to indicate his choice 1oj making a separate mark before the name of each candidate. " 6. The number 6f enrolled party voters required to sign a designating petition is fixed at one per cent, of the party vote for Governor at the last preceding election, except that for State-wide offices the number Addresses 1329 need not exceed 3,000 enrolled voters of which fifty shall be from each of twenty counties. The number in the city of New York need not exceed 1,000 enrolled party voters, with other maximum limits for smaller subdivisions. ' ' 7. The primary district is made identical with the electioin district and primaries of all parties to be hel;l at the same polling place, conducted by the election officers. " 8. The chairman of a county committee may be elected from outside the committee membership. "9. Each party to have a party council to frame a platform ; such council to consist of the party candi- dates for office to be voted for by the State at large ; party Congressmen, and party United States Sena- tors ; candidates for '• the Senate and Assembly and members of the State committee. " 10. 'A special enrollment each year in the month of June for a new party* created by the vote at the last preceding general election. " 11. The time for filing independent nominations subsequent to the filing of party nominations increased from five days to fourteen days. The number of sign- ers of an independent certificate of nomination reduced to conform substantially to the number of signers of a party designation. ' ' 12. Election of United States Senators by the peo- ple provided for in accordance with the recent con- stitutional amendment. Nominations to be made at official primary in the same manner as for the office of Governor. "13. Registration days in the country reduced from four to two, and registration in the country by affidavit required where voter dOes not appear personally. 1330 Public Papers of Governor Sulzeb "- 14. Boards of election in counties having less than one hundred and twenty thousand inhabitants reduced from four members to two. " 15. The use of party funds at primary election prohibited. "16. The penal law to be amended limiting the amount that may be expended by a candidate for the purpose of seeking a nomination to public office or election to a party position. ■ "17. Delegates and alternates from the State at large,., and. from congressional districts, to the na- tional convention to be chosen by the direct. vote of enrolled party voters at the official primary. "Any proposition less than: this begs the whole ques- -tipn, and violates the pledged faith of the Democratic party to every voter in the State. I am now, and al- ways have been and always will be in favor of carry- ing out. our platform pledges to the letter. . The best way to strengthen a politiqal party is to keep the faith. I want to restore to the people of the State the com- ,ple|;p, fiojijtrol of their State government ; to afford the voters of the Sj;ate the freest expression of their choice of candidates for public office; and I believe that our ' Sta|;,eTwidG ' direct primary bill embraces an honest, a sincere, a comprehensive and a practical plan for these accomplishments. "Besides, I consider that pur 'State-wide' direct primary b|ill is an absolutely nonpartisan measure, which faithfully reproduces, and will substantially parry into practice, the pledges , of , the three great political parties concerned in the last State election; and that, on its merits, it will meet tke approval and have the support and the backing of a large majority of all the citizens of this State. Ha\j'i<'> ((» " The people believe themselves moire competent than their legislators toj elect Senators in Congress, because they so often found members of the iLegisla- ture were not the faithful . agents of the people, but were subject both to boss controLand systematic bri- bery. All the arguments now used against "the aboli- tion of State conventions have been used in opposition to the direct election of United States Senators, but these arguments have been vain against the rising tide of progressive democracy. ' ' In my first message to' the Legislature I said : ' ' ' ' We are pledged to the principle of direct primaries. State wjidp ,in their scope and char- acter, and I urge the adoption of such amendments to our primary laws as will simplify the pi-ocedure and make complete and more effective the direct primary system of the State.' • ' " The Democratic platform of 1910 declared for ' State-wide ' direct primaries, but those who drew the Democratic platform of 1912, realizing that the reason- able expectations of the rank iand file of party voters were lidt met by the legislation of 19li pledged the 1-, Addresses ■■■. 1335 party to Sadopt such amendments to the .existing law as will sdmplify and perfect the direet primary system. ' "The electors ,pf the State, understood the words ,' State-Ayide direct primaries ' to mean direct primaries applied to the nomination of Statei officers* Democratic campaign speeches and the newspapers which sup- ported our platform a,nd ticket so interpreted these words. ", Lyet us keep . the ; faith. LetjUS not deceive our- selves, andilettus not, try to (deceive the people; the plain fact is, that iii our primary reform legislation we, in New York State, have left off our work just where ♦the people expected us to begin. By not making our direct primary lg.,w apply directly to the nomination of State officers we have continued the delegate systeni in the particular field, in which it h^s proven the; most lUnsatisfactory. to the .people.,, ; ,,,,,; '.'The SG^time^^t in the State in favor ,oi. direct primaries, tfQTind.: its , origin and growth princi- pally in the, ;f apt that under the established primary Jaw the, rank, and file of party voters were jjot able to control their deleigates when they assembled in the State convejit^pps.v - .. i..^-. . " The people expected nothing lesS; from us when w;e declared for State-wide direct primaries, than the nom- ination by the voters of all State oflfioers, b€)' byWoting against direct primaries, they misrepre- serited'the sentiment of their constituents, y' ■ <'I<»'*'I " The widespread deniand for direct primaries orig- inated mainly from the scandalous failure of State conventions to faithfully reflect the' sentiment of the voters. Again and again candidates having strong support in State conventions have been set aside .and the bosses have brought forward at the last moment a dark-horse candidate and secured his nomination through skillful political manipulations.^''''' •^'» '-!' tfin tu< There are only two kinds of primaries — direct and indirect. The latter constitutes the reactionary delegate system;' the former constitutes the present progressive system. There are no twaways about it. The principle admits of nO debate and no compromise. I' am for" the direct system. I want the people to nominate because I want the people to rule. The' power to nominate is the power to control. Do not forget that, '-^^t -!"'»' xa^-tiHu •tn'^u hi " To have direct primaries and to have State con- ventions is impossible. Direct primaries have been devised by the friends of good government to permit the people to nominate their officers directly without the intermediary of delegates, and as, of course, you cannot have State conventions without delegates, it follows that State conventions must go and honest direct primaries must come. There is no" middle ground. There can* be no compromise. Those 'Who want to compromise are against us. You cannot com- promise a principle. nuv " It is self-evident to me that if the people are com- petent to directly elect their public officials they are also competent to directly nominate these officials.' *' If it is important for minor officers (to be nomi- 1344 Public Papbbs of Gtovernob Sxtlzeb nated by the people, it is still more important that the people be given the power to nominate candidates for United States Senator and for Grovernor. That if special interests seek to control public affairs for the promotion of their selfish ends through the manipula- tion of party conventions, the plain people should seek to dp the same thing by taking in their own hands the right to nominate directly these important officials. " The, truth is that the delegate system of nomi- nating officers has. completely broken down and proven itself not only inadequate to carry out the wishes of the people, but it has become an instrumentality through which the powers of government are prosti- tuted and brought under the dominion of unscrupulous men seeking special privileges. * ' The power of special privilege is greater in New York than in any other State, because in New York is centered the great financial interests of the Nation. Most of these interests are sound, legitimate, and honest, but some of these interests are illegitimate, and it is the last mentioned kind which are fighting the beneficent reforms which I am advocating — reforms which will faithfully carry out the letter and spirit of the political platforms of every party in this State. * ' The Democratic party, in the State of New York, in its last State convention, declared in emphatic terms for direct primaries and State-wide at; that. " I believe it is my duty, as the Governor, elected on that platform to do everything in my power to carry out this solemn pledge. Every Democrat in the State elected on that platform should uphold my efforts to redeem the pledge and keep faith with the voters. " So far as I am concerned there will be no step backward. I am in the fight to stay and to the end. ; I 4\,PPK^SSES 1345 Hence I urge every honest Ifemocrat in the State who belieyes in fair play, ,wl)i,q: wants to keep good faith, and who favors redeeming solemn party promises to aid me in the struggle. .. * ' We will win in the ejid. , , The leading newspapers of the State; seven-tenths of the jvoters of the State, regardless; of party affiliations; and the overwhelming popular sentiment of the people, are behind the cause for direct primaries and are with me in thei fight for the legisl3,tion. " Jaet me tell yon briefly just what our direct pri- mary bill accomplishes : " 1. All party candidates for public offices, except town, village and schppl district offices, are to be nomi- nated direptly by the enrolled party voters at an official primary. "^. A State committee of 150 members, one from each Assembly district, and a county committee for each county, to be elected directly by the enrolled party voters at the official primary. "3. All party candidates to be yoted for in the offi- cial primary to be by petition only, just the same as in- dependent candidates. " 4. Every, nominating petition to contain the ap- pointment of a committee for filling vacancies on the official primary ballot. ' ' 5. Candidates! to be arranged on the official pri- mary ballot under the title to the office. Order of ar- rangement to be determined in each group by lot, by the commissioners, of election, in the presence of the candidates or their representatives. All emblems on the primary ballot abolished. Names qf candidates to be numbered from one upward. Voter to indicate hiS; choice by niaking a cross mark before the name of each candidate. 43 1346 Public Papers of Gtoveenor Stjlzeb " 6. The number of enrolled party voters required to sign a nominating petition to he' fixed b^ a percent- age of the party vote for GrOvernor at the last preced- ing election, except that for State-wide office^ the num- ber need not exceed 3,000 enrolled voters of which fifty shall be from each of twenty counties. The number in the city of New York need not exceed 1;000 enrolled party N^oters, with other maximum limits for smaller subdivisions. '■' ' • ■• '' " 7. The official primary district is made identical with the election district, and primaries of all parties to be held at the same polling place, conducted by the election officers. ' "■ " 8. Each party to have a party council to frame a platform ; such council to consist of the party candi- dates for office to be voted for by the State at large ; party Oongresssmen, and party United States -Sena- tors; candidates for the Senate and Assembly! and niembers of the State committee. " 9. A special enrollment eaCh year in the month of June for a new party created by the vote at the last preceding general election. " 10. The time for filing independent nominations subsequent to the filing of party nominations increased from five days to fourteen days. The number of sign- ers for an independent certificate of nomination re- duced to conform substantially to the number of sign- ers for a party nomination.' ' ' 11. Election of United States Senators by the peo- ple provided for in accordance with the recent con- stitutional amendment. Nominations to be made at official primary in the same manner as for the office of Grovernoi". . 12. Eegistration days in the country reduced from i I Adpeesses 1347 four to two, and registration in the country by affi- davit required wiief e voter does not appear personally. ?' 13. Boards o,f: election in counties having less than one hvtndred ' and. twenty thousand inhabitants reduced; from four members to two. ; •! t * ' 14. The use of. party funds at primary j^leetion prohibited. 1 : ,"15. The penal law to be. amendgdi , limiting the awpwt of money th^t may be expended by a candidate, or any person in his,b^|ialf, for the purpqse pf seeking a nominatip.n to pijblic.o^fice. ,,;,, , ,1.,:, ; /'.1,6, Delegates and alt.e:^ijp.te.s fromj the ;S,tat.e at large, and from congressi,9nal districts, to thp, national convention tOibe cho,sen by the direct vote of enrolled party voters at tlie official primary. , . ".Thett is briefly \vliat our direct primary Ijill doe^.. Any propositipn less than this begs th^e.whol^.questiqn and violates t^ie pledged faith pf;th|^ .Democratic party to eV|Qr;|r voter in tt^ ^tate. . , , ,,..,, " I am now, and always have b^een and alT^yays will be in favor of carrying but the ,platf 9;"m pledges of a political party to the letter. The b^st, way to strengthen a pplitjcal party is to ke^p laith , wi,tl; .Ijhe pepple, , , L . ,' r - " I want to restpre t,o .th^ people qf, tie i State ; jthe. complete control ^Ojf.t^eir -State government; to, afford. the voters of the State the freest expression of their cl|oice of candidates for public p.^ce j and I believe that our ' State- wid^:'. direct primary bill embracp^. an holiest, a. sincere, a; comprehensive an,d a prf cticalj plan. for these accomplishmei^ts. .; ._ ^ i " Besides I, consider ,th^t ,puri ' State-wide ' direct primary biU is an absolutely nonpartisan measure, which faithfully reproduces and will substantially 1348 Public Papees of Governor Sulzek carry into practice, the pledges of the three great political parties concerned in the last State election ; and that, on its merits, it meets with the approval aiid has the support of a large majority of all the intelli- gent citizens of this State. " It is my Candid opinion that every member of the Legislature is solemnly bound in honor, and is pledged, by the highest moral and political obligations, to vote for the enactme&t of this direct primary bill ; ahd those who fail to do so will be recreant to their promises and forced to yield to public opifiion arid be replaced by others who will vote to give the State an efficient and just State-wide direct primary law, that will embrace evety office, from Governor down to constable. "Is it necessary for me, or any other man, to say that in continuing the delegate system in nbriiiriating State officers, electors are not allowed to nominatie directly! In continuing the delegate Systeni we are therefore ignoring and repudiating our platform pledges and betraying the people with false pretenses. I shall not be a party to such repudiation. I shall not endorse such a betrayal of the people. N*o political party can make me a political hypocrite. " The Democratic candidates promised the people in the last campaign that' if we were successful, we would give them — among other things — a State-wide direct primary law. " I ran for the Governorship on the platform of the Syracuse convention. I helped to write that platform, and after I was nominated I stood on it throughout the campaign — squarely and honestly. "At the request of my party I made a campaign through the State. They tell me I spoke to more people during the contest than any other candidate Addresses ■ 1349 in^ all the history of the State. I told the people that if I were elected I would do everything in nay power to carry out the pledges df iny party as enunciated ill th'6 Syracuse platform. Many doubted the sincerity of my campaign speeches; but there was one man who nevef doubted, and that is the man who is now the Governor of the State. ''' ' ' " When I cannot be honest in politics, I shall get' out of politics. I believe honesty in politics wilr suc- ceed, ijust the same as I believe honesty in business will succeed. If an'yone d6ubts that, all he has to do is to think of what has been accomplished in this country' during the past' quarter of a century by the men who have dared {6 be ttue, and ha;vb been honest in politics. ' ' When I make a' promise to thd people I keep it, or I frankly tell the people why I cannot keep it. When my party makes a promise to' the people, I want my party to keep ' the promise, or I want the people to know the reason why." , ' * ' ' Let us keep political faith wiih the vo,ters. That is my ndbtto. ,That is where! stand, a,nd I shall stand there to the end. If any Democrat, is against me in, my deterhiinailiion to keep the iDeinocratic faith, I must oi necessity be against that kind of a Democrat, " It is all very simple to me. If any IJeraocrat in this State is against the Democratic , State platfoi^m .',,, .■.--•! l,:ir ° ; i . ; Mill ll!['' f-';!i'':i 111 ■ i '-^ '.'-.S that itan is np true Demppra,t,; and as the;Pemocratic Grovernor of |the State I shall do everything in my power to drive that recreant jDemocrat put of tihe councils of the Democratic party. " The .record will snow that for years I have been a. coj^sistent adyocate of genuine idirect primaries, and I firmly b,ejieve iiliat the e^^actnient into law of a State- wide direct primary bill, along the lines of tjhe measure 1350 Public Papebs of Gtovbbnob Sxjlzbk we are advocating, will accomplish what the voters desire, and reflect greater credit on the present Legis- lature than the passage of any other act that can be presented for the considerjation of its members -this year. " The voters of the State, however, must now see to it that the men they have sent to the Senate, and the Assembly, keep their promises, and, in the extra session of the Legislature vote for our dji;pqt priniary bill, or never hope again for political preferment. ,, , ," In th^, recent session of the, Legislature the;bp,sges told the people's representatives to beat the^ .direct primary bill, In the extra session of the Legislature, called by me, and soon to convene, I wanl; the voters who elected the Senator^, and the Assemblymen, to tell them to vote for this meritorious measure as they direct, and not as the political bosses misdirect. " Instruct your representatives in the Legislature, what your wishes are in this matter. Tell the;m whflt you want them to do about our bill for direct pri- maries, and rest assured they will not. dare^ to cheat you again.' If the voters in each Assembly and Sena- torial district will do their, duty for the next month the direct primary bill will be passed in the extra ses- sion of the Legislature and success will crown our effort — but every voter must do his duty. " Let us be honest witli the voters and keep our pledges to the people. At all events, as the Governor, I shall, and if the Legislature does not, 1 want the voters to know the reason why. , , " When we consider the waste, the extravagance, the inefficiency, and the corruption, which have re- cently been brought to light in connection yith the administration of public affairs in our State, and which are the cause of paiiiful bumiliation to every Addresses 1351 thoughtful and patriotic citizen, all due, in no small degree^ to the fact that in recent years political power has been gradually slipping away from the people who should always controlit and wield it, th^re caii be no doubt as to the necessity of this legislation to re- store the government to the people, and as to our duty in this air important matter. ■ • ' " Every intelligent citizen is aware that those who subvert the government to their personal advantage have found their greatest opportunities tp do so through the adroit and skillful manipulation pf, our system of party caucuses and political conventions. It must cease br our free institutions are doomed. "In this campaign for direct primaries, I am sti)- pealing now directly to the vPters of all political par- ties, and they are responding as they always will re- spond when their rights are jeopardized, and they hear the call of duty, and see the opportunity to assei^t effectually their inherent power and inalienable rights.: , "From every farm, and hamlet, and town, and city come voices declaring that the time has arrived to dissolve the politieal bonds by which the few have enthralled the many by skillful, secret and disgraceful mapipulations of party conventions, i and to establish State-wide direct primaries, abolishing State conven- tions, as they have already been abolished in two- thirds of theiStates which form this Union. " Every day I see accumulating,, evidence of the trutji, which I stated in my recent Direct-Primary mes- sage to the Legislature, that those who would subvert the powers of government to personal advantage and to special privilege find their greatest opportunities to carry on this nefarious work through the skillful mg,- nipulations of political conventions. 1352 PtTBLic Papee^oi' Governor Sulzek "Political conyqntiqns mijiist' go. Disgraceful secret alliances betwe,^ special privilege and crooked politics irius|; cease. ^haX is all tlie;ce is .tq it. " ;,,,,; Speech in Response to the Reverend F^thejr Bloomer, and the School Children, at Elmira, New York, the After= noon of May 20, 1913 When the Eeverend Father Bloomer introduced the Governor he said : ' ■ My deay Governpr Sulz€ij;„in,the name of the ho;pe (:>f, the nation, represented bjithis rising generation, I "vrelcome your Excellency, tpiiqu,r» midst,, land I; hope that during your ;hripf stay iU; Elmira you will realize that patriotism an(J prosperity prevail in they^Jl-eyS'Qfitjlie .Chemung." ,^j, ,. ■. • j s Governor Sulzer responded as follows : i > ! ; = Father Bloomer, boys and girls, I am glad to greet you on this beautiful afternoon, and Ithanfc you for your cordial reception. ' I appreciate every word the reverend father has said. He sounded a kejmote that rings true through- out America. The boys and the girls are in truth the hope of our Country. God bless them ekch and every one. The priesent Governor of New York is now; al- ways has been, and alwkyfe' will be interested in the rising generation. "■ ' ' These bright boys and these merry girls in a few years will be the men and the women of Amferiek — the fathers and the mothers in out country. On thorn will devolve the duty that now rests tiJ)on' us to 'see 'to it that this Flag is protected, and that oUr free insti- tutions do not perish from the Earth. AddJjesses 1358 It is gratifying to meito observe that the boys and the girls here assembled have in their hands the Flag of' our country, the Flag of freedom, the greatest Flag in all the world, because it represents the hope and the aspiration of every boy, and of every girl, and of every man, and of every woman in America.' Long may it wave over the land of the free, and the home of the brave.'! I The love of country is the life of the nation. It is incumbent upon us in our day and iil our gener- ation, as it will soon be incumbent upon these boys and these girls, in their day'Etnd in their generation, not only to preserve inviolate the greatness and the glory of that Flag, because it represents aU that we are, and all that we hope to be, but more, we must see to it that the free institution^ of the fathers are handed down unimpaired to the coming generations. We are the trustees for the future. iji;> i<> ■ 'nD 'it Imbued with that idea. Father, I am now going around the State talking to the people — telling them the truth atbout this struggle for direct nominations — which means nothing more or less than this — that we should trust the people and that we should let them nominate — not a few of the candidates for public office, but all of the candidates for public office. .Some of /the bosses tell, ^ us that the people have brains ,eno^gh to nominate a constable, but that they have not brains enough to nominate a Governor. The advocates of ' direct nominations deny ilhat. We say the voters have brains enough, and ability enough, and honesty enough to nominate every candidate for public office — from Gpvern or down to constable. ' ' '* '^ The changes which we advocate in our primary sys- tem are in harmony with the spirit of the times, and will make for the perpetuation of our free institutions. 1354 Public Papers of Gtovebnor Sulzeb They aim to restore to the people the rights of the many which have been usurped by the few, for the benefit of invisible powers which aim to control gov- ernmental officials, to pass laws, J;o prevent the passage of other laws, and to violate laws with impunity. .;-. To these invisible powers I am now, always haw been, and always will be opposed. ;, No governttient can be free that does not iallow all its citizens to participate in the formation and the exe- cution of its laws. Every other government is a mere form of I despotism. The political history of the world illustrates the truth that under the forms of demo- cratic government popular control may be destroyed, and corrupt influences, through invisible political power, establish a veritable despotism. AH credit to you. Father, for your unselfish devotion to the cause of the children — the boys and the girls — the hope as we say of our country. You are build- ing in their hearts a monument more enduring than, marble or brass. In the words of the Great Galilean : "As ye have done it unto one of the least of these ye have done it unto me.;'' , Short Address at the Elmira College for Women, the Oldest College for Women in Amerjca, May 20, 1913 (Stenographically reporteii.) The President of the College, Dr. McKenzie, when he introduced the Governor, said : ' ' Tour Excellency, one of our most beautiful young ladies. Miss Hutchinson, the representative of the As- sociation of Suffragettes, in this CoUfege,' wants to decorate you." - '■ ■; AoiEESSES 1356 (The yching lady then stepped forward and pinned a bow of satin ribbon on the lapel of the Governor's cbat.) Goverabr Siilzer said: Br. McKenzie and ladies, it is a real pteasure, f pr me to meet you, and to greet you, on this beautiful after- noon. I had no idea there were so niany good lookihg ^dungwoinen in the Elmira Coilege. Dr. McKenzie is to be cbiigratulated upon the intelligence, the neat !dj)pi6krarice, and the enthusiasm of his students. I #6uld hot mind beiri^ a teacher here niyself . ' 'They tell me this is the first college in the world to confer degrees on women. That is something to boast about. I iam proud to stand in the shadow of its wialls and testify to ririjy' appreciation of its greatness and its liberality. I believe in' equal rights to all. I have be- lieved iii' that all my life. Nearly a qharter of a century ago I introduced in the Legislature of this State a, bill to ^ve wonien, the right to vbte. The bill did hot become a law, but shortly afterwards some narrqW-minded men ^6i con- trol of the Contitutional Convention, and fearing that such a bill might pass, they wrote in our Constitution the word " male "' so as to restrict to men the right of suffrage. That was an indictment against eyery mother,' ' and eivery sister, and ev^r^^ daughter, in the State. I voted against the adoption of that Constitu- tion, beca,use tha,t indictment against our womanhood was in it. I hope the day is not far distant when women shaiil have all the political rights that the men possess.' 'i am in favor of woman suffrdgb. It will borne ere long in our State'./ I am deeply interested in our schools and bur col- 1356 Public Papees,of Gqveenor Sttlzbk leges. They ^re great, ^encks, for good. Fiftyijears ago Cha,^les jST;ip?ier, standing on tlie; floor of the United States Senate, gave utterance to this thought — " the two greatest agencies, in the world for the ad- vancement of civilization are. good schools, apd good roads." There never was a thought uttered truer thaji that. , ,^, ^ I ana glad, as the jiX^cutiye of the first State in,,th^ Union to testify that we are now doing more in New .York fpr popu^lar education than, any other Sltate^m the Union ; and that we are now doing more in the State of New York, to Jbiiild good roa^s, t.h£^n 9.ny ptiier State, or country, in the. world. , 1 am glad to be here with the Mayor of your beauti- ful, city, the Hon. Daniel ph^ehan, an|i 'with -Mr. Cr^^i- nett, the editor of . the one of our mo^lj progressive newspapers, and with this dear old,, soldier lan^ states- man, the Nestor of Chemung county — my good ,f riend Dr. Bush, ,;, " ..,,_. , , ■.. ,,..,.,,...., ,.,1 We are m^jiing a ,trip through 1;he Staj^^to, tell ,th^ voters something about direct, prinxaries. You^noiw .abflut the %ht we, are hayJLng,iii.^^](}ainy to ^ecure this reform. Pprhaps it -w^puld not ,b^^ anji^^ if ,1 ; were to say a word or two ,tp you al?out thenj^tter.befpre ,we go away. ':',,, ^ ,... ' ;,;,i'i Ther^ are two kinds of primaries — direct primaries and indirect; primaries. Indirect primaries meaij. ;1|he old delegate system by whichjthe bossies, npiiiinate,aU the candidates, for public office. Direct prii^axies -77- which we advocate -— mean th^t the voters will, aopai- nate all the candidates. That is the dij^^r^^ic^ be- tween the two, , Vepy simple is it not? ;,,,,.,,. The bosses tell us the voters have enortg^Llirains in their opinion to nominate a cpng1;able, jbu^ l;]p.e!y Ij^v^n't Addkbsses 1357 enough, brains to nominate a Grovernor. We differ with thenii about that. We,. assert that the voters of the State of New York are just as capable as the bosses to nominate all candidates for public office. As a matter of fact I would rather trust the voters to make the nominations than to trust the bosses. I believe a million and a half voters in the State of Ne-wr York can nominate just as good men for public office as the two ipolitical bosses. When two men defy the inherent rights of a million and a half voters I know what is going to happen. These two bosses can prevent the Legislature, which they now control, f rom, ipassing our direct primaries bill, (but when public opinion gets after these bass- owned members; of the Legislature they will ultimately surrender. Time is on our side. There never was a time in our history, and there never will be a. time in our history when a couple of political bosses ; could de- feat, for long the just demands of a million and a half determined! citizens, . \ . They tell me Prof. McKenzie is a Scotch Priesby- terian. My: mother's ancestry was , of ,' Scotch-Irish stock. I have in me somer of -that fighting bloodi The bosses said, when I began this direct primary cam- paign, that I; would not fight. That; I would be like Hughes and Dix — talk a little — and then give up the struggle. They know better than to say that now. If it is wise to trust the people; with the power to nominate some public officers I am sure it is just as wise to trust them with the power to nominate all pub- lic officers. I believe it is just as wise to trust them to nominate a Governor as to trust them to nominate a constable, and as, wise to trust them tol nominate a judge of the Supreme Court as to trust them to nomi- nate a justice of the peace. 1358 Public Papbbs of GoVebstoe Scjlzer The people have been trusted with this power to nominate in many other States, and they have used it most intelligently to bring about good government and greatly improved political conditions. Let the Em- pire State put itself in line with the foremost States in the Union, by favoring nominations 'by the voters, for thus only can we secilre a -government of the people. . . ' So if any one tells you that direct' nominations is not a good thing, you deny it, and point to what other States have done through the agency of this ^beine- ficient reform. ' ' ■ No man need fear direct iprimaries except a man whose character, and whose ability, and whose men- tality, cannot stand the searchlight ^ of publicity. No man need fear direct nominations unless he wants to be the creature of invisible government rather than the servant of popular government. Our state-wide ' direct primary bill is a good meas- use. I am for it. My friends are for it. Every good citizen is for it. The platfdrm of nearly every party is fori it. On this issue there is no middle ground. The Democrats of the State must stand with their Democrat Governor for direct primaries, or they must be against the ' Democratic platform. Every Demo- crat must decide. All my life I have fought for the right; for the truth; for simple justice, and for hu- manity. I shall not change now. ■ What honest Democrat in our State wants me to be false to our platform ; to be a traitor to our party ; and to be a; deserter in the performance of duty! Let him speak out. In this cause for direct primaries I have no fear of the ultimate result. The people are sure to win. ,^R9E^SES., , . I 1359 In conclusion let me tliank you | fqr .your, cordial, greeting. . I, wish all success to the students of this. College. You are on ,the threshpld ,o,f the larger life -^r- of great expectations — of widening opportunities. You are the coming teachers, arvd the coming mtfthers of our country. God hless you — each, and every one — and all honor to the man — Prof. McKenzie — and his assistants ■ — for all they have done, a,nd for 9,11 they are doing so unselfishly ,to make you usefvil women, brave women, and goodiWomen-^- women who will; do your duty in ,eyery ^alk .qf life, .hei:e and there and everywhere,.; ,■,'<,'/.-, : . ; , ; ; ; , • , . • ; ; ■ : ; , - ; The College cry was then given. £^nd the, Alma Mater sung. , , At Corning, New York, in the Opera House, May 20, 1913 Governor Sulzer said: . My friends, it' is a great pleasure for me to meet you! and to greet yon to-day. I am Vei'y'fond of your very beautiful city. It has a warm place in my heart, and I see here to-day many old friends, the friends of a lifetime, the men who have stood by me in the past, whose hearts are true and whose heads are steady. '■ I see on this platform my old colleague in the Legisla- ture, that griand old soldier and statesman. Dr. Bush. He is With me in this struggle to do right. Alongside of him sits the Mayor of Elmira, the Hon. John S. Sheehan; and next to Congressman 'Havens sits former Congressman Jbhn DeWitt Warner, one of the most distinguished citizens in our State. And here is Brother SchWarzenbach, aUd yo'u know Congressman Underbill," a splendid editor and high-type of national legislator, and an honest citizen, my old friend and 1360 Public Papers of GtoVeenor Sulzbk colleague in the House of Representatives, Brother Underhill, and many of your distinguished townsmen whose names I would like to mention and to whom I would like to pay a deserted tribute, but I haven't the time, and will only' say regarding thes'e old arid dis- tinguished friends whom I saw standing in the aisle as I came upon the platform, and who now sits in yonder seat, one bf the greatest sons of the Empire State, the favorite son of Steuben county, that grand old jurist. Judge Bradley. When I became Governor I made up my mind that I would be Governor in fact as well as in name. Many doubted that the first part of Jiariuafyj' but nobody with brains enough to see a hole in a ladder doubts it now. When I became ,Governor I determined that no in- fluence would control me in the performance of my duty but the dictates of my cohsci«noe and my obliga- tions to the people. I have adhered tenaciojusly to that thus far and I will stick to it unjiil the end. They say they will beat me. I have heard them say that before. They could not beat me years ,ago when I was an Assemblyman for five years in this State. They could not beat me when I went to Congress, and I stayed there in spite of them ; for ; eighteen years. And no man in this State can beat me to-day but Wil- liam Suizer. But -I care nothing- about that, nothing aibout the political future and personal consequences. I am going on to do my duty as God gives me the light and as I see the right. , During the last campaign as I swung through tlds State, and they tell me I spoke to more people than any other candidate in the history of the State, I told the people a few simple truths. I told them the sinapl^ truths from the bottom. tQf> my AkdIiesses 1361 heart. Many doubted tbe sincerity of my words iii the last campaign, but there was one man in this State who never doubted the sincerity of those words, and tha;t is the man whd is the Governor to-day. - /- It is all very simple to me, because I am a simple man? I am just the same to-day, as Dr. Bush can tell ybu, as I was in the Legislature a quarter of a century ago. I am just the same to-day, as Congressman Un- derbill can tell you^ as I was in Congress. I haven't changed. I don't intend to change. Others have changed and it is their fault and not mine. All I want to do is be honest. All I want to do is to tell the truth. All I want to do is be on the level and make good, and when I am dead and buried the greatest mohumelit the i>eople can etect over me is a little shaft about three feet by six and to write on it: " Well done Bill." ■ "(ti ••^H :'i-/i'»fwj I am not working for to-day or to-morrow or next year. I am working for thci great future, and I dan s'ee just as far in the future as any man that lives. "I know, in the last analysis, when the future historian peris the record of the day my administration will' not be judged on what I say but on what I do and on what I have accomplished. So, my friends, I am trying'to do things — do things for myself? No! Do things for you. Do you think it is easy?' If you only knew how I am cajoled, if you only kneV how I am threat- ened, if you only knew the obstalelesthat are put in my way by men who stand high in my own party. If you only knew how disheartening and how discouraging it is at times you would spmpathize with me in the strug- gle, and every one of you in your hearts and in your minds would be with mo in the fight. 'f« i> • (A voice: " You have a crowd in this part of the State that will back you up.") 1362 Public Papeks ; of Governor Sulzee I know that what he says is true, and at this time I want to thank you for sending to the Legislature men like Senator Seeley and Assemblytnan BrewsteT and Assemblyman Seeley. They are true men. They are holiest representatives. They have served you faith- fully. They are entitled to, your commendation. They have stood by me in season and out, of season at Al- bany.. They ;have stood by you there and when every effort) :W* made; to get them to- vote against your in- terests they said no, and they said it so emphatically that it was heard in Tammany Hall. All honor to those representatives. I toldithem on the train to-day their votes for Direct Primaries were all right and they would never have cause to regret it. And if I am any judge of popular^ sentiment, and I think I know it as well a;s anyone, these representatives are to-day receiving the plaudits and the thanks of- their con- stituents. I Now, I my friends, what is the issue? It is very ^mple,' i It is so simple that a. child can understand it. You know there are two^kinds of taxes, direct and in- direct, and. I tell you there are twQ kinds of primarieSj direct and indirect. Direct primaries are the pri- maries of the people. , Indirect primaries of the bosses. If you are for yourselves you are for direct primaries. If you are for the bosses then you are for the bosses' primaries —^ indirect, primaries. Now you cannot split a principle. A principle is fundamental and direct primaries is a principle. You cannot compromise it. - You cannot split it. It is ridic- ulous to, try to straddle it, although a good, many prominent Democrats in the State are straddling it. If you are for direct primaries you are in favor of the voters nominating caadidates for office. If you are Addresses '' 1363 for indirect primaries you are in favor of the delegate system by which the delegates select the candidates for office.S. '^f y^i' 'itTu((()i. an 'siif In- I'ivoji. '»rit 'Xo '<'i At the very beginning of our history, during the dark days of 1776, there were many men in thiB coun^ try who said that the people Bhould not be free because they could not be trusted; that it was better to have a King -or a^Queen around them than to let them govern- themselves, but George Washington did not think that way, Benjamin Franklin did ^not ' think that way, Thomas; Jefferson did not think that way, and the patriot fathers won their freedom and their independ- ence. The people who were opposed to them in those days were called Tories. We have them to-day jtist as the patriotic fathers had them in their day, only we call them political bosses. >ii These political bosses tell you that you may have sense enough to nominate a constable, but you certainly have not brains enough to nominate a Grovernor. They are willing. to let you nominate an Assemblyman, but don't you think of try- ing to nominate a judge, i They are willing to have you nominate an Alderman, but for Heaven's sake do not iinagine for a moment you have sufficient f ability to nominate a State Engineer. ^ I differ from those party leaders. '<' I trust the people and the people' trust me, and that is the reason during all these years, jtet half my natural life, I have run every year for office, or every other year, and have never been beaten and have always run in a Republican district. itffJiijiiii I trust the people and I never trusted them in vain and I know in trusting them now 1 will not be disappointed. There has never been a time in the history of '^Alrnerica when a man trusted the people that the people did not appreciate it and trust that man.^ There has never 1364 Public Papebsi-o:^ Governor Sulzbk been a time in, all the history of our. country when the people who Were deprived of power at the formation of the government had an opportunity to get it back that they did not take it thankfully. If anybody doubts that Jet, them read the amendments tOithe Federal Con- stitution. All of those amendments were written in the Constitution by the people against the protest of the men who said they could not. govern themselves. Now that is the i old question over again before us in this campaign.. The few want to govern and they do not trust the people. I take the other view-point. I say the many! are competent to govern and I am will- ing to trust them. If you want to control you have got to nominate. You cannot control unless you nom- inate. The power of nomination is the power of con- trol. Why is it that two, men in our State to-day con- trol the ^Legislature ? It is because those two men can control the nominations, of the Legislature, and unless the legislators do what these men; say they fear they cannot be renominated. Take away that power and you take away the last vestige of the power of the boss. They know that. Thatris the reason they are against this bill lofi ours for direct primaries. Can you tdaone them?. Hardly. But when we want to give you the poiwer, can any one for a moment dpmbt, that you will not take that great power? De Tocquville, who wrote the greatest story tiiat has ever been written in the history of the world about the institutions of America, says in that wonderful book that this Republic can never perish, because it has one thing in it that no other Republic in the history of the world that has gone upon the rocks of destruction ever had in it, and that was the power tO; ex^cute. This government is (indestructible, as was demonstrated Addresses 1365 during the terrible Civil War^ because it has the power to execute; -^ii )• ■ . ){r(:-) >tiir>oHr9C! <>ih As the Governor of the State I realize more and more every day what a tremendous power this is, this power itff ' execute. What do these fepecial interests care, my friends, about the laws', if they can control the men that execute them? >■> Nothing. I Why would they be fighting me so bitterly to-day? It is because they cannot control to-day in the State of New York the power ^hati executes. '. ,,lyn». New York City, M^y 28, 1913, Mr. Siilzier said in l^art: '* Tha,t the voters are deterinined to have no inter- mediary between themselves and their public officials has been shown by the adoption of the seventeenth amendment to the Federal Oohstitution, under whifch the people have taken from the Legislatures powers previotisly delegated to thera to elect United States Senators. "The Democratic platform of 1910 declared for ' State-wide ' direct primaries, but those who drew the Democratic platfbrin of 1912, realizing that the reason- able expectations of the rank and file of party voters were hot iflet by the legislation of 1911, pledged the party 'to "adopt such amendments to the existing law as will perfect the direct primary system.'' '■" The electors of the StatiS understood the words ' State-wide direct primaries ' to mean direct primaries applied to the nomihatibn of State officers. Democratic campai^ Spefeches and the newspapers which sup- ported our' platform and ticket So interpreted these words. " Let us not deceivfe burselves.' The fiact is, that in our primary reform legislation we, in New Yqrk State, have left off pur work just where the people expected us to begin. By not making our direct primary law apply directly to the nomination .pf ^tate. officers, we have continiied the delegate system in the particular field in which it has proven the most unsatisfactory to the people. , ,, ,,, , , , , ,, , , .. > - " The ,^efli|iment,,in the State in. favor. pf, ^§et primaries found its , ; Oirigin apdi growth princi- pally in the fact that under the established- primary law the raak and file pf party voters were not able to oontroli their delegates when they assembled in the State cpnventions. ,i . , , " The people expected nothing lesiSf rom us when we declared for State-wide direct primaries, than the nom- ination by the voters of all State officers, beeaiiiieit has been demonstrated that we have a convention system under which the -wiliiof sthe people i?( not faithfully conveyed through caucuses aiid Asisembly District con- ventions up to tfee State in,. >. ."■ ' .," Wha,t . Democrat, in our State is going to be falise to the platform,, to ibe at traitor to the party, and to (^es^jBrj;, me in the performance of my duty? In i this cause for dirept primaries I, have no f^aiiiOf the ulti- mate result. The people wUl win. , . ;, ; ; . " I say deliberately to th(g DeimQcr;at^, of the State tlmtyou have got to li^ie up your representatives in, the Legislature to pass; this honest, this just, this fair, this nonpartisan State-wide direct primary bill, to keep, our pledges, or I will line up the. people against your, repre- sentatives for their failure to be true to our platform. ',* The adoption of State-wide direct primaries, and the abolition of State conventions, is ; in no sense an abandonment of the; principle qfi representative gov- ernment, but on the contrary it is a protest against the perversion qt representative government. 'MJnder direct primaries the people will govern themselves, through representatives, but through representatives selected by themselves. Representa- tive government is only made actual when the power 1372 Public Papers of Governor Sulzer to nam© caMidates is taken away from politiicar bossies, or f rem groups of party leaders, and placed in the hands of the voters of the political party. " The voters of Brooklyn have a history of political independence of which they may well be proud. For that reason I' look to them to support the Stat^-wide Direct Primaries bill at the coming extra session. The bill insures to them a freedom from political dictation such' as they have often showed they desiTed, but which they have nevei* fully enjoyed. " They should see' to it thsit theii" assemblymen and their senators vote for the bill at the extra session, or demand the rea&on why. The votes of these legislators on the bill, at the last session, I am convinced, do not represent the belief , nor the desire, of a inajority of the voters of the Borough of Brodklyn. * ' I am sure that the Democratic voter^, the rank and file 6f the party, defsire the enactment of a Stiate-wide Direct Primary Law which will give them a voice in the nomination of all their candidates for office, from United State's Senator to members of Assembly. They desire the enactment of a bill that will give them a direct voice in the eleiatioh of members of their parity committees. Do the voters realize that this bill gives them exactly those things? ■' Under this bill there will be no mote applications of the ' unit rule,' whereby the delegates are tied in a bunch by the boss and compelled to sit idly by in the convention while the boss casts their votes for any candidate he selects. They themselves will have the* opportunity to vote for any candidate they prefer, in a primary election conducted with air the safeguards of a general election^ insuring an honekt couilt of the will of the members of the party. Addresses 1373 t! " That is the object of the bill, to sum it up in a few words. It takes from the bosses the power of control over nominations and gives* every candidate a chance in the open to submit his claims to all the members of his party. It does this simply, without involved' ma- chinery, by simply requiring of any candidate for a nomination that he obtain a petition signed by a per- centage of the enrolled voters of his district. u't)^i, u j-,<' Why shouldn't any Democrat, or any Republican, or any Progressive have the right to submit his claims directly to his fellow party members — for any office or for any position on a party committee — without appealing to* his district boss or his county boss? Under this bill, which I have good reason to believe will be supported by many 'additional members from Brooklyn at the coming special session, every man is given an equal chance. That should appeal to the voters of Kings county, to whom we look"'for much that is progressive, much that is sincere, and much that is independent, in all matters political. '^J " Let the district organizations of Brooklyn submit this proposition to their own members. Let us take a vote of the ' machine ' itself, if we can, and find out if ev«n thie members of the ' organization ' do not want this bill. If thfe members of Assembly and the mem- bers of the Senate wduld even 'go this far without con- sidering the great number of independent voters I be- lieve they would receive a command that could not be disobeyed to vote for this bill. '^ ^''^ "'^^ ^'''" " But they don't dare do it. They are afraid to put the test to their own people. Let the legislators, or the district leaders, try this test vote, if they dare, and let them have a full and honest poll of their meijibers. T mean no ' snap ' meetings, no resolutions adopted at a meeting of a handful of the ' regulars,' but an honest 1374 Public Papeks of Gtoveknob Sulzek poll of all the enrolled voters in their districts. If they are unwilliiig to try this appeal to the people now, they will have to suhmit to the vote of the people i in November. ^ , , , ; . " Let them tell the voters that, the Dfemocratic party in the Syracuse convention pledged itself for honest Statcrwide direct primaries, and that the Eepublicans pledged themselves for primary reform, and that the Progress-ives pledged their party to a real direct pri- mary, laA^f applicable to every elective oflSce. Then let us see ho'w^ I many voters will, refuse to stand up for the honor of thfeir partyi " This is not only. a Democratic bill. It is more than a Democratic bill. It is a bill for all the people which the Democrats gave a pledge to carry out. I consider that our State-wide direct primary bill is an absolutely non-partisan measure, in the broad sense, which faith- fully reproduces and will carry into practice the pledges of !the three great, political parties concerned in the last election, and that on its merits it has the support of a large majority of the citizens of the State. ." ;Our opponents tell us that the State convention should, not be abolished. The plan, to place candidates on the primary ballot for State offices, after they have receive^ithfe signatures of three thousand enrolled vot- ers, they say is * unworkable.' The proposal to abol^ ishthe State conventipnis no new thing. It has worked in many other States, very successfully, and it will work in New York State, or I a,m no jiidge of the State and its people. , '* I cannpt see why any Brooklynite, much less any Brooklyn Demqcrat, should insist upon the retention qf a State , convention. The : history of a few years back shows that even in these days of publicity and en- lightened public opinion, the convention system has its Addeesses 1375 drawbacks for Brooklyn. I need gO back no farther than 1908 m the history of the Democratic party iti Brooklyn to remind many loyal Democrats of how a majority of their delegates to a State convention were thrown out at the dictation of another county," That was a sample of a State convention, which' possibly some so-called leaders would like us to retain. ^ti " Why should Brooklynites stick fast to the State convention ? What have they ever gained by it but the sight of one boss flickering with another boss, or fight- ing another boss? ot lont-' > iuiwod ylifui^.log «i 'nu oil " Many other defects in the present, nominating sys- tem are corrected by our State-wid6 direct primary bill. Election districts are to be inade the units of representation. This will not only cut down the size of the ballots which in the last spring primaries were absurdly long and almost impossible to vote intelli- gently, but it will have other advantages, o It will give election districts the right to choose their own repre- sentatives on the county committee., Under the pres- ent system a man might not receive two votes in his own election district,, where he is known, but he plight ibe elected to the county committee through the plural ity of votes in other election districts in his Assembly district. You have seen cases in Brooklyn, where, by carrying a few populous election districts, a,lthotTjgh he lost a great majority of the rest, a district leader has carried with him all his candidates for the county com- mittee, leaving the election districts that went against him represented by members of the minority factiqn in those districts.,; That will be no longer possible, if our bill is enacted into law. ,.[/, t,^[,, <,i.ij.„nvJ-; " Under our bill, the use of party funds to assist some one candidate, at the expense,,of the other can- didate for a nomination, is prohibited. Also the, use 1376 Public Papeks o^ : Gtovebnob Sulzek of ! the p^rty emblem to designate the choice of the ' maehine ' against the candidate who is likewise a member of the party, is forbidden. Why should one member of a party sa£feE such discrimination in favor of another member of the party who happens to have the good will of the boss? I am sure that the inde- pendent voters of Bangs county can give no answer to these questions which will serve to excuse their, repre- sentatives from voting against the bill. '* I am convinced that every member of the Legisla- ture is solemnly bound in honor to vote for the enact- ment of our Direct Primary Bill, and that those who fail to do so will be forced to yield to public opinion and be replaced by others who will vote to give the State an efficient and just primary law. I look for many new faces in the Assembly from Brooklyn n«xt year unless the present members vote for this bill. " The Democratic candidates promised the people in the last campaign, that if we were successful, we would give them — among other things — a State- wide direct primary law. " I ran for the Governorship on the platform of the Syracuse convention, and after I was nominated I stood on it throughout the campaign — squarely and honestly. "At the request of my party I made a campaign through the State. They tell me I spoke to more people during the contest than any other candidate in all the history of the State. I told the people that if I were elected I w'ould do everything iti my power to carrjr out the pledges of my party as enunciated in the Syracuse platform. Many doubted the sincerity of these campaign speeehels ; but there was one man who never doubted their sincerity, and that is the man who is now Governor of the State. Addresses 1377 " The people are now demanding a new declaration of political independence to the aid of which they are pledging their most earnest efforts to bring their rep- resentatives to the support of our direct primary bill, which will establish conditions under which in tilings political every m'an shall count for one, and.no man shall count for more than one. " How vitally important, therefore, that this power of nomination should be wielded' by the many and not hj the few. " The changes which we advocate in our primary law are in harmony with the spirit of the times and of democratic institutions. They aim to restore to the people the rights and the privileges wliich have been usurped by the few, for the benefit of invisible powers which aim to control governmental officials, to pass laws, to prevent the passage of other laws, and to vio- late laws with impunity. To these invisible powers I am now, always have been, and always will be opposed. ' ' No government can be free that does not allow all its citizens to participate in the formation and the execution of its laws. Ever}- other government is a mere form of despotism. The political history of the ages illustrates the truth that under the forms of democratic government popular conti'ol may be de- stroyed, and corrupt influences, through invisible political power, establish a veritable despotism. " I want to restore to the people of the State com- plete control of their State government; to afford the voters of the State the freest expression of their choice of candidates for public office; and I believe that our State-wide direct Primary bill embraces an honest, a sincere, a comprehensive, and a practical plan for these accomplishments. 44 ]378 Public Papers of Govkenor Sulzer ' ' This spirit of true Democracy is summed up in tiie slogan ' Let the people rule. ' They cannot rule until they obtain a successful method of nominating the candidates of all political parties. ' ' Political conventions must go. Disgraceful secret alliances between special privilege and crooked politics must cease. That is all there is to it." On Direct Primaries, in The Star Casino, Borough of Manhattan, New York City, May 28, 1913. Mr. Sulzer said in part : "In this campaign for direct primaries I am ap- pealing directly to the people, and they are respond- ing, as they always will respond, when their rights are jeopardized, and they see the opportunity to assert effectually their inherent power. " From every farm, and hamlet,, and town, come voices declaring that the time has arrived to dissolve the political bonds by which the few have enthralled the many by skillful, secret and disgraceful manipula- tions of party conventions, and to establish direct pri- maries and abolishing State conventions, as they have already been^ abolished in, two-thirds of the States which form this Union, " Every day I see accumulating evidence of the truth, which I stated in my recent Direct Primary message to, the Legislature, that those who would sub- vert the powers of government to personal advan- tage and to special privilege find their greatest oppor- tuEiities to carry on this nefarious work through the skillful manipulations of political conventions. " New York State is one of the last States in the Addbesses 1379 Union to capitulate to the present-day demand for popular rule in the nomination of candidates for all public offices. It is bound to come in New York. The fight for the cause of direct nominations is on^and the people are in earnest and determined to win. " The power of special privilege is making its last stand in our State, but will be overthrown, and over- thrown speedily, by a righteous public sentiment. " Every day I am hearing from Senators and As- semblymen who voted against our direct primary bill, and who now assure me they will give it their support at the coming special session of the Legislature, be- cause they have learned since they returned home that by voting against direct primaries they misrepre- sented the sentiment of their constituents. "From others I hear that they will support the bill if it be amended so that State conventions may be con- tinued. The play of ' Hamlet ' with Hamlet left out would not be more of an abortion than a direct pri- maries law with the State convention retained. "To have direct primaries and to have State con- ventions is impossible. Direct primaries have been devised to permit the people to nominate their officials directly without the intermediary of delegates, and as, of course, you cannot have State conventions without delegates, it follows that State conventions must go and honest direct primaries must come. There is no middle ground. There can be no compromise. Those who want to straddle are against us. You cannot straddle a principle. " The widespread demand for direct primaries orig- inated mainly from the scandalous failure' of State con- ventions to faithfully reflect the sentiment of the voters. Again and again candidates having strong 1380 Public Papers of Governok Sulzee support in State conventions have been set aside and the bosses have brought forward at the last moment a dark-horse candidate and secured his nomination through skillful political manipulations. ' ' There are only two kinds of primaries ^- direct and indirect. The latter constitutes the I'eactionary delegate system; the former constitutes the present progressive system. You cannot be for both. There are no two ways about it. The principle admits of no compromise. I am for the direct system. I want the people to nominate because I want the people to rule. " The Democratic party, in the State of New York, in its last State convention, declared in emphatic terms for direct primaries — and State-wide at that. " I believe it is my duty, as the Governor, elected on that platform, to do everything in my power to carry out this solemn pledge. Every Democrat in the State elected on that platform sliould uphold my efforts to redeem that pledge and keep good faith with the voters. " So far as I am concerned there will be no step backward. I am in the fight to stay and to the end. Hence I urge every honest Democrat in the State who believes in fair play, who wants to keep good faith, and who favors redeeming solemn party promises to aid me in the struggle. " We will win in the end. The leading newspapers of the State; seven-tenths of the voters of the State, regardless of party affiliations ; and the overwhelming popular sentiment of the people, are behind the cause for direct primai'ies, and are with me in the fight for this beneficent legislation. " Let me tell you briefly just what our direct pri- mary bill accomplishes : Addresses 1381 " 1. All party candidates for public offices are to be nominated directly by the enrolled party voters at an official primary — and the official primary to be con- ducted by the State, and surrounded with all the safe- guards of an official election — any violation of the primary law to be a felony. "2. A State committee of 150 members, one from each Assembly district, and a county committee for each county, to be elected directlj^ by the enrolled party voters at the official primary. " 3. All party candidates for public office to be voted for in the official pi'imary to be designated by petition only, the same as independent candidates, ' ' 4. Every designating petition to contain the ap- pointment of a committee for filling vacancies on the primary ballot. " 5. Candidates to be arranged on the ballot under the title of the office. Order of arrangement to be determined in each group by lot by the commissioners of election in the presence of the candidates or their representatives. All emblems on the primary ballot abolished. Names of candidates to be numbered. I Voter to indicate his choice by making a separate mark before the name of each candidate. " 6. The number of enrolled party voters required to sign a designating petition is fixed at a, percentage of the party vote for Governor at the last preceding election, except that for State-wide offices the number need not exceed 3,000 enrolled voters, of which fifty shall be from each of twenty counties. " 7. The primary district is made identical with the election district, and primaries of all parties to be held at the same polling place, conducted by the regular election officers just the same as an official election. 1382 Public Papers of Goveknor Sulzer ' ' 8. Each party to have a Party Council to frame a platform; such council to consist of the party candi- dates for office to be voted for by the State at large; party Congressmen, and party United States Sena- tors; candidates for the Senate and Assembly; mem- bers of the State committee ; and the chairman of each county committee. ' * 9. The time for filing independent nominations subsequent to the filiilg party nominations increased from five days to fourteen days. The number of sign- ers of an independent certificate of nomination reduced to conform substantially to the number of signers of a party designation. " 10. Election of United States Senator by the peo- ple provided for in accordance with the recent con- stitutional amendment. Nominations to be made at official primary in the same manner as for the office of Governor. ' ' 11. Registration days in the country reduced from four to two, and registration in the country by affidavit required where voter does not appear personally. ' ' 12. Boards of election in counties having less than one hundred and twenty thousand inhabitants reduced from four members to two. " 13. The use of party funds at primary elections prohibited. " 14. The penal law to be amended limiting the amount that may be expended by a candidate for the purpose of seeking a nomination to public office or election to a party position. "15. Delegates and alternates from the State at large, and from congressional districts, to the na- tional convention to be chosen by the direct vote of enrolled party voters at the official primary. Adpresses 'I 1383 ■ "Any proposition less than this begs the whole ques- tion,- and violates .ih§. pledged faith of the Democratic party to every voter in the State. " I am now, and always have been, and always will be, in favor of carrying out our platform pledges to the letter. The best way to strengthen a political party is to keep, the faith. ' ' I want to restore to the people of the State the com- plete control of their State government; to a:fford the voters of the State the freest expression of their choice of candidates for public office; and I believe that our ' State-wide .' direct primary < bill embraces an honest, a sincere, a comprehensive and a practical plan for these accomplishments. " Besides, I consider that our ' State-wide ' direct primary bill is an absolutely .nonpartisan measure, which faithfully reproduces, and will substantially carry into practice, the pledges of the three great political parties concerned in the last State election ; and that, on its merits^ it meets with the approval of a large majority of all the citizens of this State. " I am convinced that every member of the Legis- lature is solemnly bound in honor, by the highest moral and political obligations, to vote for its enact- ment; and those who fail to do so will be forced to yield to public opinion and be replaced by others who will vote to give the State an efficient State-wide direct primary law, that will embrace every office, from Grov- ernor down to constable. " Is it necessary for me, or any other man, to say that in continuing the delegate system in nominating State officers, electors are not allowed to nominate directly? In continuing the delegate system, we are therefore repudiating our platform pledges and be- traying the people with false pretenses. L384 Public Papers Of Gtovkenoe Sulzer ' ' I shall not be a party to such repudiation. I shall not endorse this betrayal of the people. No political party can make me a political hypocrite. " It is self-evident to me that if the voters are com- petent to elect their public officials they are also compe- tent to nominate these officials. " If it is important for minor officers to be nomi- nated by the voters, it is still more important that the voters be given the power to nominate candidates for United States Senator and for Governor. If the special interests seek to control public affairs for the promo- tion of their selfish ends through the manipulation of party conventions, then the plain people should take the nominations in their own hands and directly nominate these important officials. " The truth is that, the delegate system of nomi- nating officers has completely broken down and proven itself not only inadequate to carry out the wishes of the people, but it has become an instrumentality through which the powers of government are brought under the dominion of unscrupulous men seeking special privileges. ' ' When I cannot be honest in politics, I shall get out of politics. I believe honesty in politics will succeed, just the same as I believe honesty in business will succeed. If anyone doubts that, all he has to do is to think of what has been accomplished in this country during the past quarter of a century by the men who have dared to be true, and have dared to be honest in politics. " When I make a promise to the people I keep it, or I frankly tell the people why I cannot keep it. When my party makes a promise to the people, I want my party to keep the promise, or I want the people to know the reason why. xVddbesses 1385 " Let us keep faith. That is where I stand, and I will stand there to the end. , If any Democrat is against me in my determination to keep Democratic faith, I must of necessity be, against him. "It is all, very simple to me. If any Democrat in this State is against the Democratic State platform that man is no true Democrat ; and as the Democratic Governor of the State I shall do everything in my power, to drive that recreant Democrat, out of the councils of the Democratic party. " Let us be honest with the voters and keep our pledges to the people. At all events, as the Governor, I shall, and if , the Legislature does not, I.^i^ant the voters to know the reason why." At Niblo's Garden, Corner 170th Street and 3d Avenue, New York City, May 28, 1913. Governor Sulzer said : My friends, it is always a pleasure for me to be ,in the Bronx. I have been a frieiid of the Bronx for a quarter of a century, and I have about as many friends in the Bronx as any man in the State. I want to con- gratulate the people of the Bronx in at last having a county. I helped them get that. When the cause was unpopular I was with them, because it was right. I stand for popular sovereignty ; for home rule ; for the rights of the people. I believe in the people, and I trust them, and I know they are capable of governing themselves. I have listened to Senator Griffin. It will not take me long to answer him. He is like the man who said 1386 Public Papebs of Governor Sulzer lie was for the law but " agin '' its enforcement. He said he was " informed." Somebody asked him " by whom. ' ' I could have told him. By thie telephone. He told us that we would get a good direct primary law when the Governor took the legislators into his confidence. Perhaps the Governor does not want to take too many of thein into his confidence. I have learned a few things since I went to Albany. For years I have been on the firing line. Yes, for eigh- teen years I have been on the firing line in Washing- ton, fighting the cause of progress, fightihg for justice, fighting for humanity, fightihg for the old flaig. We were free down there, and when I went to Al- bany I thought they were all free up there too, but I found out I was mistaken. What I have experienced since I have been Governor would fill a good size book, but I haven't time to tell you of all the difficulties, and all the obstacles that have been put in my way, in my efforts just to do right, just to be honest, just to tell the truth. It is all very simple to me. I only want to do my duty — that 'g, all. And what a spectacle is presented to the people of the State of New York when the Gov- ernor has to appeal to them in order to get through legislation that they want and that was promised them by all the political parties in the last campaign. The Senator told you he did not want any dictation to the Legislature. The truth is that's the only trouble there now, and it comes from outside sources. Three men to-day hold the Legislature of the St^tfi of New York in the hollow of their hands. One lives in Buffalo, one lives in Albany, and the other lives in New York. Do you know why? I ■will tell you why, and that is the last word for direct primaries. It is be- Addeessbs 1387' cause they nominated these men. That is the reason they control them. The power to nominate is the power to control. Whoever nominates the officials of tlie State of New York will control them. I want the voters to control their servants. I want the voters to nominate. their public servants. I believe that the mil- lion and a half voters in this State are just as capable of nominating the candidates for office as three men. Last year I spoke in the wind-up of the campaign just where I am speaking now. I told the truth then,, and I am telling the truth now, and I am going to keep on telling the truth as long as I am Governor. I said that if I were elected the Governor of the State of New York I would be the Governor of all of the people, and no influence would control me except the dictates of mj^ conscience and my determination to do right as God gives me the light. I have never deviated from that and I never will. I did not make that up during the campaign last fall. My mother taught me that at her knee when I was a child. I be- lieve success in politics depends upon honesty, just the! same as- I know success in business depends upon it If any one doubts it all he has to do is to study the his- tciry of America for the past twenty-five years and listen to the story of the men who have dared to be honest, and who have dared to be true in our political life. (»fi , I said last fall that I was free and was going to re- main free; that no one would contrbl me if I was elected Governor except the people of the State. I am making that statement ring true every day from one end of the State to the other, and that is the reason every politician in the State, no matter, what party he belongs to, who isn't on the level, is denouncing me ;; is 1388 Public Papees ok Gtovebnor Sulzbk abusing me; is holding me up to contempt and scorn and ridicule. But I oare nothing about that, because I can stand erect in the presence of my Maker and look every man in the face and say what my heart tells me. That is worth more to me than anything else. That is worth more to me than the purring of any politician. That is worth more to me than all the plaudits of all the bosses that ever lived. Last fall I told you that if I M^ere elected I was going to be THE Grovernor — the Governor in fact as well as in name. I knew what I was saying. I had a pre- cedent for that. I have been the Governor ever since the first of January, and every crook and grafter in the State knows it. No party, no faction, can make me a rubber-stamp. No party, no faction can make me a political hypocrite. All my life I have been working for one little thing — juSt one little thing. I have sacrificed great oppor- tunities — I have sacrificed a great career at the bar ; I have sacrificed great opportunities to make money; I have sacrificed luxury ; I have sacrificed pleasures; I have sacrificed almost everything that the heart longs for ; but I have always kept in mind the one thing.; and I will keep it in mind until I die, and that is so honest, so plain, so simple, that when it is all over and I cross the Great Divide to that undiscovered Country from whose bourne no traveler returns, I want these friends of mine who believe that I have been true ; that I have kept the faith ; that I have fought the good fight ; that I have done sometliing in my day and generation for my f ellowmen, to put over my grave a little shaft three feet and six inches high, and to write on it: Well done, Bill. Let me tell you I would rather have that, and the Addresses 1389 monument I have been building in the hearts of my fellow countrymen for a quarter of a century, during the time I have served them faithfully in Washington and Albany, than any other monument of marble, of brass, or any other thing that man can give another man. When I tell you that, I have summed up my whole life and my whole career — everything — and when I come to you as the Governor of the State of New York and appeal to you from the Legislature, which flaunted in your faces their defiance, and challenged your intel- ligence — when I appeal to you from the bosses I know way down deep in your hearts you are going to be with your honest, plain, faithful, hard-working Governor. Now let us see what direct primaries will do. What are direct primaries'? There are only two kinds of primaries — the direct kind, which is the people's kind, and the indirect, which is the bosses' kind. You can- not be for both. You have got to be for one or for the other. Whenever a man tells you that he is for direct primaries but against the Governor's bill you bet the boss has got him. Whenever a man tells you, whether he is in the Legislature or out of it, that he is for di- rect primaries partially — partially — you can bet he don't trust you. No man is afraid of direct primaries whose honesty, whose ability, whose character and whose mentality will bear the searchlight of publicity. No man is against direct primaries who would rather be the servant of popular government than the servile tool of invisible government. No man is against di- rect primaries who trusts the people, who would rather appeal to the electors than the man in the little back room. Let no one deceive us. I am no novice. I have been in politics all my life. I know the game. I 1390 Public Papers of, Governok Sulzbe know that it is better to have a million and a half elec- tors with yon in a fight for a great popular cause than to have -three bosses against you. If any one thinks that they are going to stop the enactment of a law for direct primaries in, this State that man is a fit subject for what the lawyers call a writ of lunatico inquirenio^ They tell you they beat Grovernor Hughes, but I tell you they will never beat Governor Sulzer. Direct pri- maries will come in the State of New York just as sure as the sun will rise to-morrow morning. There is notliingr complicated about them. Direct primaries simply mean that the people shall nominate instead of the bpsses. All in favor of, nominating themselves will be^for direct primaries. All in favor of the bosses continuing the old delegate system of nominating will be against themselves. There has, never been a time in the history of Amer- ica when the people could get back any of the, power taken away from them when the Government, was in- stituted that they did not grasp the power. Every amendment to the Federal Constitution testiflje^ to that fact, and the last amendment to be adopted, of which 1 a,m the author — and I am as proud of: that as anything I ever did in my life — was to restore to the people the right to elect Senators in Congress, by direct vote. The framers of the Federal Constitution did not think iui their day, the people were capable of electing United States Senators. They said if we let them elect a Con- gressman ; that ought to be enough, hut the friends of the people took up the cau«e, ^.^.d for years they fought out the battle, until, to-day we have as a part- of the Constitution of the United States the. Seventeenth Amendment, which provides that the people; — . the.peo- ple,^ shall elect Senators as well as Representatives in Congress. Addbesses 1391 I haven't any patience with the men who would split* hairs upon technicalities. I am fighting for a prin- ciple, not for a technicality. I simply want to restore the Government to the control of the people — that's all. Those who are in favor of that are with me, and those who are opposed to that — and there are very few of them in my judgment — are against me. ■ Now, so far as this Mil is concerned, I have no van- ity about it at all. All I want is to have the Legislature write upon the statute books what the Democi-atic platform said it wdUld do, just the right given the people to nominate all officers — not some. Now they tell you in certain parts of the State that they are perfectly willing to let you nominate a con- stable, but they doii't think that you have intelligence enough, that you have progressed far enough,' that you have lived long enough, that you have brains enough, to nominate a State Treasurer. They say^ they will give you permission to nominate a justice of the peace, but you must not tliink of nominating a Su- preme Court judge. They say they will give you per- mission to nominate an alderman but for Heaven's sake don't ask for the right to nominate a Governor. One man in the Republican party nominates their State ticket to-day, and one man in the Democratic party nominates the Democratic State ticket to-day. Some people say I am the product of a convention. Well, it took a long time for a convention to nominate me. The peOple who say this also say that it was a mistake. JBut be that as it may, I know the difference between tweedle-dee and tweedie-dum. T know that for many years past if we had had upon the statute books of the State of New York an honest direct pri- mary law that would give us an official primary elec- tion I would have been Governor long ago. 1392 Public Papekb ov Govern ok Sclzeb It is surprising to me that any representative of the l)eople would challenge their intelligence by sajing to them that they ought not to have the right to nom- inate ; tiiat that exclusive privilege ought to be con- tided very carefully to one man down in Fourteenth street. If I were a voter in that rejjresentative's dis- trict, and I heard him say that, or if he voted that way- — which is more important than saying it — he certainly never would get my vote. Daniel Webster used to say that the duty of a representative was to repi'esent, aiul when he could not represent the senti- ment of his constituents he ought to resign. The peo- ple of our day phrase it a little differently. They have in some places the " recall " for that kind of a repre- sentative, and if they haven't it they want it. Some of these representatives say they don't want the Grovernor to tell them what to do. Many of tliem can hardly be blamed for that. What I object to, liow- ever, as the Governor, is to have somebody else tell them what to do. I am fighting to make the Legis- lature free. I am saying as Lincoln did — this State cannot be half for direct yjrimaries and half against. We must all be for it sooner or later, and we will all be for it, and when we are all for it those who have been against it mil wonder wliy. I want to make the members of tlie Legislature so free tliat it will be un- necessary for them to charge up to the State tele- phone charges. I want to make them so independent that whenever they are in doubt they will resolve the douljt in favor of the people. I want to be their friend, but, evidently, from what some of them are saying about me publicly and privately, they don't want a good, square, honest, faithful friend. I want the bosses to take their hands off of the Legislature and let the Addeessess 1393 Lc^gislaturf work in harmoii}' with the Govenior for the general welfare. I have challenged all the bosses, big and little, in this State to come out in the open — to come out w^ere the people can see — and debate the question with me, meet me on the platform, and say I am wrong, and 1 will say why, what have I done that is wrong? Let him tell me and I will tell him that he is wrong and I will prove what I say. I served notice upon this Republican boss, Mr. Barnes, to keep out of the Legislature. He had the audacity to go up there every day and tell the republi- cans what to do. Why, he went up and told a man named Elon E. Brown, of Watertown, to introduce a resolution to impeach me because I had done some- thing for the poor people — and Brown did it — and Brown has been explaining up in Watertown ever since why he got in trouble with the Governor. Brown made a savage attack on me, and I answered him politely. Then he wrote me a letter and said that if I did not re- tract he would sue me for libel. I wrote him another letter, and that letter he will never get over as long as he lives. I haven't heard anything of Elon Brown, of Watertown, from that day to this. A funny thing about it, however, is this, that fifty of the most promi- nent lawyers in Northern New York that know Brown told me that if he ever served me with libel papers they would defend the suit without cost and plead justification. Don't you worry about what your legislators say about your Governor. Just remember that your Gov- ernor is not worrying about them at all. He is worry- ing about bigger fry. I am not after the poor legislator who does what he is told to do by the man who nom- 1394 Public Papers of GtOveknob Sulzek inates him. I am after the man who tells him what to do when he does wrong. In order to take away this temptation from the poor legislator in the future, I want to take away from the boss the power to nom- inate him and give you the power to do it. Of course if you don't want this power you will never get it, but if yon want it I will tell you how very easy it is for you to get it. I know. There is nothing that will get a member of the Legislature, whether National, State or local, so quick as public opinion. Let public opinion assert itself for a cause and the legislator will he for the cause nine times out of ten, unless he is so stubborn that he would rather be in private life than in public life. I would like to have all the votes from the Bronx for the direct primary bill in the extraordinary ses- sion, and after listening to Brother Griffin I am willing to take him into my confidence, and if there is some little thing in the bill that, does not affect the great principle, that he wants taken out, I will be glad to do that for him in order to construct a bridge for him to get over on to our side. Now, my friends, I have explained a few things to you to-night in a desultory sort of way, but what I have said has all been from the heart. My heart is in this cause, first because it is the cause of th« peo- ple, and there has never been a time in any land or in any clime wliere the cause of the people has been on trial that my hand, my heart, my head, my tongue, have not -been for the cause. I am for this cause because it means the reincarna- tion in the State of New York of popular sovereignty. It means your vote on primary day shall count as much as the vote of any other man in the State. I want you Addresses 1395 to have this great power to nominate because that is the power that controls. I want every man in the State of New York to have an equal chance with every other man, an equal right, an equal opportunity, apd I want the star of hope in our State to shine as it does in thirty-nine other States in our Union ; to shine over every individual who wants to climb through his own efforts, by his own exertions, on account of his ■own hope, his own ambitions, and his own aspirations, up the ladder of political fame, step by step, until he reaches the very pinnacle of honor in this land of ours, where the door of opportunity to all should ever be open, and where we should all strive as one man to hand down unimpaired to future generations our free institutions. At the Unveiling of the Maine Memorial Monument, at the Entrance to Central Park in the City of New York, on Memorial Day, May 30, 1913. Governor Sulizer spoke as follows : Fellow citizens : Personally and as the chief magis- trate of the State of New York, I am glad to be here this afternoon, to witness the unveiling of the Maine memorial monument, and to participate in the patri- otic ceremonies incident to this inspiring occasion. It is fitting that this memorial monument, to the heroes of the Maine, should grace the entrance of one of the grandest parks in all the world, and for years to come embellish and beautify this city of New York. For decades yet to follow, this Maine memorial monument will stand as a silent lesson of the patri- otic duty of every American citizen. Tliis beautiful monument — a superb' wonk of art -^ for all time, will 1396 Public Papehs of Governor Sulzek be a mute testimonial to the people of our land, that no man, who dies for Ms country, ever dies in vain. Until it crumbles into dust, this strong work in stone will solemnly commemorate one of the greatest events in all the annals of our history — an event which changed the map of the world, created a new republic and made the United States one of the greatest world powers on earth. The two hundred and sixty odd brave soldiers who went down to death beneath the waters in the mud and muck of Havana harbor on that fateful night fifteen years ago gave up their lives for our flag and died as bravely as any soldier that ever shed his blood on the battlefield for freedom. This magnificent monument, reared to the eternal fame of our heroic dead, will be an inspiration to gen- erations yet unborn, because it typifies a great idea; because it stands for a great patriotic theme — the love of country - — " The tumult and the shouting dies, The captains and the kings depart; Yet stands thine ancient sacrifice. An humble and a contrite heart; Lord God of Hosts, be with us yet; Lest we forget, lest we forget." All honor to them — the brave defenders of our country — their fame is secure. They sleep the sleep that knows no awakening in the silent mausoleum of Arlington — our country's imperishable cemetery for the nation's immortal dead — " On fame's eternal camping ground, Their silent tents are spread; And glory guards with solemn round. The bivouac of the dead." Addresses 1397 We erect this beautiful monument not onl_y as a memorial to the dead, but also as a beacon to the liv- ing. It will ever be an inspiration to the living as well as a testimonial to the dead. From the hei;oism of their sacrifice let every true American take renewed hope for the perpetuity of our free institutions, and greater -courage to stand by the American navy, for which they yielded up the last full measure of their patriotic devotion. And now, in the presence of this vast assemblage — in the shadow of tliis monument we have just unveiled — ■ I would be remiss if I did not say, all honor to the men whose foresight and whose love of country have made that monument possible. All honor to William Randolph Hearst; all honor to the members of the Maine memorial committee; all honor to them and to the patriotic citizens who contributed the funds to rear this monument. They have done a patriotic work ; they are entitled to the commendation of their fellow citi- zens. On this Memorial day — the day of all the year for these ceremonies, I say — all glory to the brave soldiers and sailors of our country. This is their day, dedi- cated to them by a grateful country — sacred to the soldiers and sailors, living and dead, who saved the Union. There is no honor in the republic too great for the men who fought for the republic. There is no reward in the country too great for the men who saved the country. There is no gift in the government too great for the widows and the orphans of the men who died for the government. Our country should be grateful to her brave defenders. We should remember grati- tude is the fajirest flower that sheds its perfume in the human heart. 3398 Public Papers of Gtovebnob Sulzbr Tke republic owes her defenders and her saviors a debt of gratitude it never can pay — so long as that flag (pointing to the stars and strips) floats over a brave and a glorious and reunited country — and for- ever and a day* typifies all that we are,; and all that we hope to be — the greatest and the grandest republic on earth. On Direct Primaries, at Glens Falls, N. Y., June 4, 1913. " WHAT ARE YOU GOING TO DO ABOUT IT? " Mr. Sulzer said in part : ' ' The people believe themselves as competent as the bosses to nominate their legislators. They want this right to nominate because they have so often found members of the Legislature were not the faithful agents of the people, but were subject both to boss control and systematic bribery. "All the arguments now used against the abolition of State conventions have been used in opposition to the direct election of United States Senators, but these argunients have been vain against the rising tide of progressive democracy. ' ' In my first message to the Legislature I said : " ' We are pledged to the principle of direct primaries, State-wide in their scope and character, and I urge the adoption of such amendments to our primary laws as will simplify the procedure and make complete and perfect the direct primary system of the State.' " The Democratic platform of 1910 declared for ' State-wide ' direct primaries, and pledged the party to ' adopt such amendments to the existing law as will perfect the direct primary System. ' '''' ■" -■■ Addresses 1399 " The electors of 'the State understood the words ' State-wide direct primaries ' to meaii direct primaries applied to the nomination of State officers. Demo- cratic campaign speeches and the newspapers which supported our ticket so interpreted these words. ' ' Let us not ddceive ourselves, and let us not try to deceive the people; the plain fact is, that in our pri- mary reform legislation we, in New York State, have left off our work just where the people expected us to begin. " By not making Our direct primary law apfjly directly to the nomination of State officers we have continued the delega,te system in the particular field in which it has proven the most unsatisfactory to the people. ' ' I am now, always have been, and always will be in favor of carrying out our platform pledges to the letter. The best way to strengthen a political party is to keep the faith. I want to restore to the people of the Stat(3 the complete control of their State govern- ment; to afford the voters of the State the freest ex- pression of their choice of candidates for public office ; and I believe that our ' State-Avide ' direct primary bill embraces an honest, a sincere, a comprehensive and a practical plan for these accomplishments. " Besides, I consider that our ' State-wide ' direct primary bill is an absolutely nonpartisan measure, which faithfully reproduces, and Avill substantially carry into jjractice, the pledges of the three great political parties concerned in the last State election. * ' There are only two kinds of primaries — direct and indirect^ The latter constitutes the reactionary delegate system; the former constitutes the present progressive system. There are no two ways about it. The principle admits of lio debate and no compromise. 3400 Public Papers of Goveknoe Sulzee I am for the direct system. I want the people to nominate because I want the people to rule. The power to nominate is the power to control. Do not forget that. ' ' To have direct primaries and to have State con- ventions is impossible. Direct primaries have been devised by the friends of good government to permit the people to nominate their officers directly without the intermediary of delegates, and as, of course, you cannot have State conventions without delegates,, it follows that State conventions must go and honest direct primaries must come. There is no middle ground. There can be no compromise. , Those who want to compromise are against us. You cannot com- promise a principle. " It is self-evident to me that if the people are com- petent to directly elect their public officials they are also competent to directly nominate these officials. "If it is important for minor officers to be nomi- nated by the people, it is still more important that the people be given the power to nominate candidates for United States Senator and for Governor. That if special interests seek to control public affairs for the promotion of their selfish ends through the manipula- tion of party conventions, the plain people should seek to do the same thing by taking in their own hands the right to nominate directly these important officials. " The adoption of Stato-^^'ide direct primaries, and the abolition of State conventions, is in no sense an abandonment of the priuciple of representative gov- ernment, but on the contrary it is a protest against the perversion of representative government. " Under direct primaries the people will govern themselves, through representatives, but through rep- resentatives selected by themselves. Representative Addresses 1401 government is only made actual when the power to name candidates is taken away from the political bosses, and placed in the hands of the voters of the political party. " That the people of our State are determined to have no intermediary between themselves and their public servants has been shown by the adoption, in New York, of the seventeenth amendment to the Fed- eral Constitution, under which the people have taken from the Legislature the right to elect United States Senators. " This people are now demanding a new declaration of political independence to the aid of which they are pledging their most earnest efforts to bring their rep- resentatives in the Legislature to the support of our direct primary bill, which will establish conditions under which in things political every man shall coimt for one, Tind no man shall count for more than one. ' ' The changes wliich I advocate in onr primary law are in harmony with the spirit of the times and of democratic institutions. They aim to restore to the people the rights and the privileges which have been usurp-ed by the few, for the benefit of invisible powers which aim to control govenmiental officials, to pass laws, to prevent the passage of other laws, and to violate laws with impunity. To these invisible powers I am now, always have been, and always will be opposed. " No government can be free that does not allow all its citizens to participate in the formation and the execution of its laws. Every other government is a mere form of despotism. The political history of the ages illustrates the truth that under the forms of dem- ocratic government popular control may be destroyed, M02 Public Papers op Governor Sulzer and corrupt influences, through invisible political power, establish a veritable despotism. " Tweed used to say that he cared not who elected the officials so long as he could nominate them. Do you know why? Because the power to nominate officials is the power to control these, officials when they go into office. That is all there is to it^ — and that is the reason the bosses want to keep this power to nomi- nate. The power to nominate is what makes the boss. Every political boss in the State is against direct, pri- maries. Do not forget that. ,,,; ,. " Tweed was a boss. You remember he, challenged the right of the people to have good government:. With brazen audacity he defied the voters and said : ' What are you going to do about it? ' You know the answer. Have the little Boss Tweeds so soon for- gotten the tragic end of Big Boss Tweed? It is an old saying that history repeats itself. "If it is wise to trust the people with the power to nominate some public officers, I am sure it is just as wise to trust them with the power to nominate all public officers. I believe it is as wise to trust them to nominate a Governor as to trust them to nominate a constable, and as wise to trust them to, nominate a judge of the Court of Appeals as to trust them to nominate a justice of the peace. " The people have been trusted with this power in many other States, and they have used it to bring about greatly improved conditions. Let the Empire State put itself in line with the foremost States in all the Union, by favoring nominations by the people, for thus only can we secure a government of the people, " So if any one tells you that a direct primary law is not a good thing, you deny it, and point to what Addbesses 1403 other States have done through the agency of this beneficent system. " No man fears direct primaries, except a man whose character, and whose ability, and whose men- tality cannot bear the searchlight of publicity. No man fears direct primaries, unless he wants to be the creature of invisible government rather than the serv- ant of popular government. ' ' Our State-wide direct primary bill is a good meas- ure. I am for it. My friends are for it. The plat- form of every party is for it. fs'On this issue there is no middle ground. The Democrats of the State must stand with their Democratic Governor for direct pri- maries, or they have got to be against the Democratic Party. .Let ever}^ Democrat decide. All my life • 1 have fought for the right; for the truth; for simple justice, and for humanity. I shall not change now. ' ' When" I make a promise to the people I keep it, or I frankly tell the people why I cannot keep it. When my party makes a promise to the people, I want my party to keep the promise, or I want the people to know the reason why. * ' Let us keep the faith. That is where I stand, and I will stand there to the end. " If any man is against me in my determination to keep the faith, I rriust of necessity be against him. "It is all very simple to me. If any Democrat in this State is against the Democratic State platform, that man is no true Democrat; and as the Democratic Grovernor of the State I shall do everything in rny power to driye that recreant Democrat out of the councils of the Democratic party. " The record will show that for years I have been a consistent a.dvopate of genuine direct primaries, and 1404 Public Papers of Goveknoe Sulzek I firmly believe that the enactment into law of a State- wide direct primary bill, along the lines of the measure M^e prepared, and introduced in the Legislature, will accomplish what the voters desire, and reflect greater credit on the members of the present Legislature than the passage of any other act that can be presented for consideration of its members this year. ' ' Let us be honest with the voters and keep our pledges to the people. At all events, as the Governor, I shall, and if the Legislature does not, I want the voters to know the reason why. ' ' When we consider the waste, the extravagance, the inefficiency, and the corruption, which have re- cently been brought to light in connection with the administration of public affairs in our State, and which are the causes of painful humiliation to every thoughtful and patriotic citizen, all due, in no small degree, to the fact that in recent years political power has been gradually slipjjing away from the people who should always control it and wield it, there can be no doubt as to the necessity of this legislation and as to our duty in this all-important matter. ' ' Every intelligent citizen is aware that those who subvert the government to their personal advantage have found their greatest opportunities to do so through the adroit and skillful manipulation of our system of political conventions. It must cease or our free institutions are doomed. " This is a struggle to restore the government to the people. The cause is their cause. I will lead where any man Avill follow, and I will follow where any man Avill lead. " The voters of the State, however, must now see to it that the men they have sent to the Senate, and the Assembly, keep their promises, and in the extra Addresses 1405 session vote for our direct primary bill, or never hope again for political preferment. ' ' In the recent session of the Legislature the bosses told the people's representatives to beat our direct primary bill. In the extra session of the Legislature, called by me, and soon to convene, I want the voters who elected the Senators, and the Assemblymen, to tell them to vote for our primary bill, as they direct, and not as the political bosses misdirect. ' ' Instruct your , representatives in the Legislature what your wishes are in this matter. Tell them what you want them to do about our bill for direct pri- maries, and rest assured they will not dare to cheat you again. " If the voters in each Assembly and Senatorial dis- trict will do their duty for the next few weeks the direct primary bill will be passed in the extra session of the Legislature and success will crown our effort — but every voter must do his duty. ' ' Speech on the Steps of the Courthouse, Catskill, N. Y., the evening of June 6, 1913. Governor Sulzer said: My friends, it is a great pleasure for me to be with you to-night. I thank you for your cordial greeting. It is also gratifying to be introduced to you by the Democratic leader of old Greene county, my friend George Van Valkenburg. I speak here in the shadow of your courthouse — this temple of justice — and if I represent anything ; if I stand for anything ; if I believe in anything ; it is what this building typifies — justice — for justice. "All places a temple. And all seasons Summer." J 406 Public Papers of Govbenor Sxjlzeb That is all I want, that is all anybody wants. That is all anybody should have; but some people don't want justice. I came here to-night to speak on direct primaries. I have just finished my speech in the opera house andl am glad to come here and say a few words to this over- flow meeting about the subject. You remember when I was a candidate for Grovernor last fall I told the voters that if I were elected I should be the Grovernor of all the people ; and that no influence would control me but the dictates of my own con- science, and my determination to do my duty as God gives me the light to see the right. I told the people that I never had a boss and thai I never would have a boss ; that the only boss I ever had during all my political career. — during the five years I was in the Legislature, and during the eighteen years I was in Congress — was the boss under my own hat. That is true. I know that many people in the campaign doubted the sincerity of my campaign speeches, but there was one man in the State of New York who never doubted the sincerity of those speeches, and that is the man who is now the Governor of the State of New York. I meant what I siaid to you last fall ; I mean what I say to you now; and I always will mean what I say. I have the courage' to say what I mean and mean what I say. When I became Governor I thought that the work would 1)0 easy; but I assure you that ever since I took the oath of office I have had many trials and much tribulation — just because I Avanted to do right; just because I wanted to keep the faith; just because I wanted to do my duty and stand by the people. Addresses ,/'I -i > 1^07 I am sorry to say there are: men high in the councils of my own , party who are putting every obstacle in my way. Why? Simply because I will not do what these political bosses want me to do. If I did all they asked me to do I would lose my self respect, and I would rather have that and the approval of my own conscience than any political office in Ajmerica. As the Governor, I made up my mind that, it was my duty to do everything I could for all the people. And that among the things I should do was to carry out the promises made by my party in its platform. I stood squarely on that platform during the campaign. I promised the things in that platform to the people of the State. I was elected on that platform and I would not be true to myself, and I would not be true to my party, if I did not do everything in my power to faithfully carry out, the promises the Democratic party made to the people in the last campaign. That is all I want to do. You would think that was so simple and so honest that everybody would be in favor of it. But the political bosses it seems are vej y much against it. When they found out that I intended to be honest they served notice on me that they would do everything in their power to destroy me politically and to make my administration a failure, I am fight- ing them now and they know it. I could tell you a long story about the troubles I am having as Governor at Albany, but it is late and I want to talk to you briefly about direct primaries. One of the things the democrats promised in their platform was direct primaries, and they said " State- wide ' ' at that. We promised you that we would per- fect the direct primary system. What did we mean by that? I think T understand the meaning of words in 1408 Public Papers ov Governor Sulzer the English langaiage. I have been a student all my life. I talk the language pretty well, and read it a little better. I made speeches for direct primaries all over this State last fall. The newspaper men who went around with me in that campaign said I made more speeches and talked to more people in that campaign than any other candidate for political office in all the history of the State. I told the voters that State-wide direct primaries meant that they should Irave the right to nominate all candidates for public office. Nobody disputed that when I was a candidate. People took it for granted. However, when I became Governor, I asked the Legis- lature to pass a bill for direct primaries. Do you suppose the members of the Legislature would do it ? Not at all. They didn't want to give you this right. The bosses were against it. The members of the Legis- lature said they would pass a bill to let you nominate a constable, but they would never think of letting you nominate a Governor. They might let you nominate, they said, if you w^ere very good, a justice of the peace, but they would never let you nominate a judge of the Supreme Court. You know I sent several messages to the Legislature about direct primaries. The Legislature passed the Blauvelt bill — a bad measure — and I vetoed it. Then I sent to the Legislature a bill which was a good, honest, practical, comprehensive bill for direct pri- maries, and the Legislature defeated it. How did the members beat it? The democrats caucused against it, and tile republicans caucused against it. think of that - — two parties caucused to beat one bill. It is the first time in the parliamentary history of the world , Adbkessbs 1 ! , 1409 that two opposing political .parties ever caucused against a bill. , That -act will stand out for all the yeai-s to come as a precedent of what bi-partisan boss- ridden government will do to accomplish its purpose. .After: the bill was beaten they thought it was all over. ■.!, tqld them, however,^ that the fight for direct nominations had only begun. They realizej that now. So I have convened the Legislature in extraordinary session and I am going to make .another effort to- get our bill for direct primaries ithrough, and I will fight for this reform along these lines if it 'takes alLsummer, When the bosses told me they would make my ad- ministration a failure unless I stopped fighting for direct nominations, I i answered that whenever they at- tempted to -thwart me in the determination to do my duty in this matter I would appeal to the people. Hence ever since the Legislature adjourned I hgjve been appealing to the people to get their judgment on this proposition. , , , i , : , i Let me explain to you in a few truthful words just what direct primaries mean and will accomplish. Political econoniists tell us that there are two kinds of taxes -r- direct and indirect; so I tell you there are two kinds of primaries ^-direct and indirect primaries. You can't be for both, you must be for direct pri- maries, or you must be for indireCti primaries* Direct primaries are the new, honest, up to date, progressive kind of primaries, by which the voters nominate the candidates themselves. Indirect primaries are the present kind, the bosses' kind, the delegate system, by which &.e bosses nominate the candidates instead of the voters. ' ; : ,; If you are in favor of nominating the candidates yourself j you will be for direct primaries ; if you are 45 1410 Public Papeks op Goveenob Sulzek in favor of the bosses continuing to nominate the caindi- dates you will be against direct primaries. Boss Tweed used to say that he cared not whom the voters elected to office so long as he could nominate them. Why did Boss Tweed say that? I will tell you why. Because the power to nominate is the power to control. The men who nominate the candidates are the men who control these candidates after they get into office. That is as plain as the nose on your face. Everybody that knows the difference between a hawk and a hand-saw knows tha;t. The power of the boss is based on this right to nominate the candidate for pub- lic office. Take away this power of the boss to nominate can- didates for office and the bosses' power is " whistled down the wind,'' and you will hear little more about bosses in the politics in the State of New York. You remember Boss Tweed was a very arrogant boss. He laughed in the faces of the people. He spat upon their constitutional rights. With brazen ef- frontery, he inquired, " what are you going to do about it? " You know what the people did about it. You are familiar with history. Have the little boss Tweeds so soon forgotten the fate of big boss Tweed? Let the little boss Tweeds remember it is an old saying that history repeats itself. No man who trusts the people need have any fear of direct primaries. Only the men who do not trust the people fear direct primaries. No man who believes in the people is afraid of direct primaries. Only the few who fear the voters are against direct pripiaries. No man need be afraid of direct primaries whose ability, whose character, and whose intelligence can stand the searchlight of publicity. No man need dread direct AWDBESSES 1411 prinjaries whptli^ants to be tlie servant of the people instead of, the servile tool of ^h.e bosses. No man need be afraid of direct prinaaries who wants to honestly serve the visible government instead of being the QiUiescent puppet of the invisible government. The Governor is the visible Government of the State of New York by the votgs of the people of the State. I owe my position to the people and I am going to be true to the people just so long as I am the Governor. Who is against the visible government of the State of New York as constituted by our laws? The invis- ible government. Who constitutes the invisible gov- ernment?. Why, the bosses. Two men out of ten mil- lions of people. Just two men out of a million and a half of voters — Mr. Barnes in Albany, the Republican boss, and Mr. Murphy in Delmonico's, the Democratic boss,, Whom do you want me to serve as the Governor? These two men or the people of the State ? That is the question for you to think over. This is the question for you to answer. Do you want me to serve the people? Then you, the people, will be with me. If you want me to serve the bosses then you will be against me in my fight to restore the government of the State to the people of the State. That is what this fight for direct nominations means. It is a struggle to restore the government of the people to the people. The cause is the cause of the people. In this battle I will lead where any man will follow, and I will follow where any man will lead. My friends you know I am fighting your battle ifor your rights. I have no vanity in the matter, I would not have to go through the State making these appeals to the people, if I wanted to take things easy and be 1412 Public Papees of Gtovbbnor Sulzeb a proxy Governor. If I would do what the bosses ask me to do, I could have all the leisure and 'all the lux- uries I want; aiid be praised to the sMes by the political bosses arid their henchmen. I will not bow the knee to Mammon, I shall not worship at the shrine of Baal. No man can get me to do what I do not beliieve is right. I will not do it because all my life I haye been honest and faithful to the cause' of the masses. When I cannot be honest in politics I am going to get out of politics. I know honesty in politics' wiir succeed just the same as I know that honesty in business is the beSt policy. ' This fight for direct primaries is a simple thing. Any child can understand it. All that it means is jttst this : Direct primaries mean that thie voters shall nom- inate the fcandidates f or public office and not the bosses. The friends of direct nominations declare, and we challenge successful contradiction, that the voters of New York are just as capable of nominating candidates for public office as Mr. Barnes or Mr. Murphy; Any man who denies that proposition ifisults the intelli- gence of the voters of the first State in the Union: It is enough to bring the blush of shame to the face of any respectable citizen to have these political bosses say to the voters we will let you nominate a fiew of the candidates for the little offices, but we must nominate for all the big offices. They say yOu have not the brains to make the big nominations --^ that is their business. The bosses know how to nominate. The bosses have had the experience. ^ The question now before every voter in the State of New York is do you warit to nominate the candidates, or do you want the bosses to nominate. If you want to nominate all the candidates then you will be for di- rect primaries, that is all there is to it. AiJdbbssbs 1413 My friends we ar« going to win this figM for good government. There has never been a movement in the history of this country to give more power to the people that it has not ultimately succeeded. The adop- tion of every amendment to the Federal Constitution during the past one hundred years proves that if it proves anything. Only .recently we have adopted the amendment to the Federal Constitution to elect Senators in Con- gress by the people. It took a great many years to bring that reform about. The first thing I did when 1 went to Congress, eighteen years ago, was to intro- duce that resolution to amend the Federal Constitu- tion to give the people the right to elect their United States Senators. I fought for it until the battle was won. I thought the people could elect United States Senators just as well as the bosses. It took eighteen years to pass that resolution, but it is now a part of the Federal Constitution and every United States Senator hereafter must be elected by the people. ; So as Governor I have taken up this cause of direct primaries. I shall fight it out until the people win. It is one of the great reforms to-day in our country. It will succeed in our State as it has in qthers. The people have direct primaries now in thirty-nine States; and in every State where they have it they tell me it works well, and there is no attempt being made by anybody to repeal the law. If it works so well in alLithese thirty-nine States don't you think it will work just as well in the State of New York? Are not the voters of the State of New York just as capable of nominating candidates for public office as people in Ohio, or Massachusetts, 1414 Public Papers of Govbknob Sulzer or Indiana, or New Jersey, or Illinois ? Of course they are. Any other conclusion is an indictment against our intelligence. Let me say to you that direct primaries are just as sure to come in our State as the sun is to rise to-morrow morning, and when we get this reform the government of the State, to a very large extent, will be restored to the people, and they will then control it. They should control it, to drive out the grafters. It is a matter of much regret to me that your as- semblyman voted against our direct primary bill. Do not hiss. He voted for the Hinman-Greene bill when Mr. Hughes was Governor. He voted for the Burd- Warren bill when Mr. Dix was Governor. Those two bills were very similar to our bill. They both abolish State conventions. How Mr. Patrie could vote for those two bills, and then vote against Our direct pri- mary bill is beyond my ken. Suppose you ask him to explain. Do not misunderstand me. I am a friend of your assemblyman. I am not here to denounce him. I want him to vote right — to vote for you — that's all — and certainly he should be grateful to me for gettihg him in line with the wishes of his constituents. I want to ask you to vote on the proposition. All in favor of direct nominations — of nominating the can- didates yourself say "Aye." (Loud shouts " aye.") Those in favor of the bosses nominating the candi- dates now say " aye." (There was no response.) It is unanimous for direct nominations.- I congratu- late you. I am going back to the hotel when I leave you to tell Mr. Patrie that the sentiment in Greene county for direct primaries is unanimous. Everybody in the theater voted the same way for ' '■' Addresses 1415 direct primaries. Out here in front of tlie courtliouse every man has voted for direct primaries. " ' (A voice : "So will Mr. Patrie. ",) • I hope so., Nothing will gratify me more ^an to have Mr. Patrie support our bill. ; I believe he wants to do right. I think, he wants to stand by the rank and file, and. do^what he can for the general welfare. Now, my friends, I have, won my case. I have won it in front of the courthouse instead of in the court- house. I came here ito plead with you for this cause of the pieople, to restore to the people the government; for this cause of direct primaries ; and after presenting the case, in the good old , fashioned way, you have unanimously indorsed my position and voted to a man in favor of our bill for direct nominations. Now, friends,, I thank you. I certainly appreciate th^ compliment of your attendance here, and the inter- est you have manifested in. all I have said, I shall leave this beautiful village, ne^tling in your wonderful moun- tains, with feelings of pride, and the ponsciousness that the voters here, whesre the air is so pure, and where man ought, to be free, are jwith me in my struggle to do right; are with me in my effort to do my duty; are with me in my desire to restore the government of the State of New York to ,the people to govern for their own bes,t interests. ,,,, . ., Do not forget that if you have bad government, the fault is yours. If you want good government you ca|i have it, but, to get it, you must do your duty as good citizens, Eemember — this is your fight. Eemember — i:^ our bill for direct primaries is again beaten, you are beaten. Do noiforget that the cause is your cause ; that the fight is your fight ; and that when the battl^e i^ won the victory will be yours — yours for all the years to come. 1416 Public Papers of GtoVebnoe Stjlzeb On Direct Primaries, Stapleton, N. Y., May 30, 1913. Governor Sulzer in Ms speech said, in part.' In all of the thirty-nine Sitates where they have had direct primaries they have worked well, and thos« states send to the Congress of the United States the ablest representatives there are in the Senate or in the House of Representatives. ' They have able legis- lators at home, they have high types of State officers, they have the men to the forefront in public life that dominate the free institutions of America, while the State of New York sends to national convefntions and to State conventions wax figures --- wax figures voted by one man. Two Kinds of Peimabies. What are direct primaries? Political economists tell us that there are two kinds of taxes, direct aiid indirect, so I tell you that there are two kiiids of pri- maries — direct and indirect. ' Indirect primaries are those like we have noH^, and they are very indirect. Indirect primaries are thfe best kind of primaries for the bosses to nominate the candidates for office. Direct primaries are the people 's kind, the progressive kind, ihe popular kind, where the voters, instead of the bosses, nominate the candidates themselves. Th^t is the whole question summed up in a nutshell. There are just two kinds of primaries, the boss kind and the people 's kind. If you are for the bosses' kind, then you will be for the kind we have how. If 'you' are for the people's kind, then you will be for the kind I am trying to give you. Addresses 1417 'The People Want It. You would think all the voters would be in favor of this power to nominate candidates. My judgment is', froha the trips I have) made around the State, that about nine hundred and ninety-nine per cent, of the voters are in favor of nominating the canc^dates, and that being so you would think it would be easy to get it. But you were never more mistaken in your life. This is the hardest thing you ever tried to geit, and when you get it you willbe able to open the door to all the other reforms you want, and until you do get it you cannot be free and you oaniiot get reforms you want, because you lack the key that opens the door of oppor- tunity. Why can't ybu get direct pfrimaries so that you shall have the right to nOiilinate candidates for public office^ instead of a Eepublican boss at Albany and a Demo- cratic boss in New York doing that for you? Why is it that a million and a half voters in the State of New York haven't as much to say to-day in the politics of this State as two men in the State of New York? Why is it? Simply because you do not have this power to nominate. The bosses have it, and having it they control, and you cannot control until you get it. I want you to get it and I am fighting your battle so that you will get it. Hughes ; LqsT by Quitting. They say they will b^at me, as they beat, Governor Hughes, but I answer that I do not believe two men in the State of New York can beat a million and a half voters. However, I am going to test it, and if a million and a half men can be beaten by two men I am going to quit the game. Hughes would have won if he h^d stuck, but he did not stick. I a^ going tO; istick.: ; 1418 Public Papees of .UoyEBNOB Sulzeb We are going to win just as sure as the sun rises to- morrow morning. There never was a political boss, there never yvas a man in public ojEce so strong, so pop- ular, so able, so astute tbat he could beat public opiur ion, and public opinion is rising higher a-rid, higher every day in favor of this cause to restore the govern- ment of the State pf New York to the people. Boss Tweed used to siay that the people could ;elect anybody they wanted to public office so long as he nominated them. Why did Boss Tweed say that? Be- cause he knew that if he nominated the candidate and you elected- the candidate that he would own the candi- date when he got into office, and whatever he told liim to do he would do it, and through that system, which is the system of to-day, Tweed was a boss.. Through that system., which is the system of to-day, Barnes is a boss. Through that system, which is the system of to-day. Murphy is a boss,. Pbimaeies Now a Faece. Our primaries to-day are a farce. We have no pri- maries. We have the most disgraceful primary law of any State in the Union. I am ashamed of it. ; I say that advisedly and as the Governor of the State. AH winter long I pleaded with members of the Legislature to make good in this matter, to keep the faith, to carry out the pledges. Under the domination of the bosses the Legislature handed Governor Dix the fraudulent Levy bill. You know all about that.^ They handed him the fraudulent Levy bill and he signed it. There is where he made a mistake. This year the legislators talked among themselves, and then they heard from the bosses, and then wrote the Blauvelt bill, and one of the members brought it Addbesses 1419 down to me to look over. I took it home and read it over and I brought it back the next morning and I said that will not do, that is a fake. I am against it; don't pass it. The Blauvelt Bill. Then I wrote my message and sent it to the Legis- lature, telling them just what kind of a primary bill I thought they ought to pass. Instead of heeding what I said in my message they rushed through both branches of the Legislature Mr. Blauvelt's bill. I knew it was Coming. As soon as I got it I vetoed it and I did not mince my "W'ords in that veto message, and everybody that knows the difference between tweedle-dee and tweedle-diim knows that every word I put in that veto message about Mr. Blauvelt's bill was absolutely true. Theii I called a conference of the ablest men in the Democratic party, and the ablest men in the Repub- lican party, and the ablest men in the Progressive party. I invited them to come down to the People's House and prepare a biU that would substantially com- ply with the pledges of the three political platforms. We prepared our jjill very carefully. We had it intro- duced in the Legislature, and I thought it would pass. Now I was innocent enough to think that, but to my utter amazement something happened to that bill which had never happened to any other bill in the history of the world. The l30s&es served notice upon me that they, would not stand for that bill, and that they would beat it so badly it would be disgraced. Both Bosses Wobked Togethee. So they called tbe Democrats together in caucus and the Deinocrats caucused to beat it. That you would think would be enough. But they were not satisfied 1420 Public Papers op Goveenob Sulzeb with that. This bi-partisan combination of Barnes and Murphy were not satisfied with one party caucus- ing to beat the bill, the Eepublicans caucused to beat it — both parties in the Legislature. I searched all through Hinds ' Precedents, and to my astonishment there was not a single case in th^ history of the world where two parties caucused to beat one bill. Notwithstanding that, however, this bill of ours, the people's bill to restore the government to the people, and give them the right to nominate candidates, got eight votes in the Senate and forty-nine votes in the Assembly. How our bill ever got eight votes in the Senate and forty-nine in the Assembly is beyond my comprehen- sion. I take it as a tribute to the virtue of representa- tive government when a bill that is caucused against by two political parties can get that number of votes. That is the; highest tribute to representative govern- ment I know in this State. Promises to Take off Their Hides. After they beat the bill that way they all went around with a chip on their shoulder laughing at the Gov- ernor, telling how they had beaten the Governor and how they had beaten his bill so badly it would never be heard of again. I am not looking for trouble, but I have a lot of Scotch-Irish in me, and nobody has ever known me to run away from a fight. I never attack anybody, but if anybody attacks me I go at him as quickly as I can. A few people up in Albany have found that out. A few people down in Washington found that out when I went down there. I am not looking for trouble. Addresses 1421 I am not attacking anybody, but I warn all concerned that if they attack me I will take their hide off and hang it on the council rock; When they beat this bill they thought it was all over. I knew it had only commenced. I want the members of the Legislature to be free and independent and I am fighting, their battle. They ought to be the best friends I have. If anybody should try to make me free $,nd independent I would say he is a friend jQf mine, but for some reason or other, because I. am; trying to help the members of tihe, .Legislature to become popular with their constituents some of them resent it and say I am a dictaJ;or and an autocrat. Far be it from me to be an autocrat. I am too well grounded in being a Democrat. Far be it from me to be a dictator. I am against all dictators. But what a spectacle it is when these " echoes " iU the Legisla- ttire say that about me while thfey know in their own hearts, and nine-tenths of the people of the State know it also, that they never do anything except by the or- ders of Barnes in Albany and Murphy at Delmonico's. Going to Pass the Bill. We are going to have an extraordinary session of the Liegislalture in Albany on the 16th of June, and we are going to have this bill, this direct primary bill, to consider again. I hope it will pass in the extraor- dinary session. However, if it does not pass in the extraordinary session, I know itiwill pass in the. next regular session. One election will settle the question of whether a million and a half of voters have more influence in the State' of New York than two voters. But I am satisfied from what I know now- that we 3422 Public Papers op Goveenob Sulzbb will pass this bill in the extraordinary session — that is if the voters will do their duty between now and then and see their representatives. You must see them yourselves. Don't let Mr. Barnes see them, or Mr. Somebody else. You see them. You pass resolutions instructing your representa- tive to vote for you. You tell your representatives that you want to nominate 5 that you think you are just as capable of nominating as Mr. Barnes or Mr. Murphy. You appoint committees to visit them and talk with them and explain things to them and tell them what is going to happen if they don't do right. And if you do your duty, and I do my duty, I am satis- fied from what I know of human nature, that they will do their duty. Bosses Want to Compeomise. Already they are coming around. Almost every day some member tells me that he is sorry he voted against the bill and he thinks th« next time he will vote for it. He has been home. Some of the bosses now who issued orders to beat this bill are saying in manifestoes and through their messengers that they are willing to compromise. They say now that perhaps direct primaries will be a pretty good, thing in homeopathic doses, but they don't think it would be a good thing in allopathic doses. In other words these bosses say now that perhaps you are capable of nominating a constable, but you ought not to think of nominating a State Treasurer. They say that perhaps you have brains enough to nom- inate a justice of the peace, but you certainly have not progressed far enough to nominate a Judge of the Su- preme Court. They say that if I will be very good and Addeessbs 1423 stop talking th^'t perhaps they will compromise by let- ting the voters no|ninate an alderman, bnt they never ■^ill consent, they say, to the abolition of the State conr vention so that the million and a half voters of the State pf New York will be able to noniinate State can- didates. No, they will never consent to that, they say, and that is really the only issue now. I am going .to, keep on fighting to restore the gov- ernment to the people and give the people the right to nominate all candidates for ofiioe until that battle is won. You cannot compromise a principle. A principle is eternal. . Any compromise or any straddl,e is evad- ing the whple subjectTma,tter. , !i The People Competent. We friends of the people, we believers in this system of direct primaries, assert, and we challenge successful contradiction, that the electors of the State of New York, the greatest State in the Union, are just as ca- pable of nominating their public servants as they are of electing them. Any refutation of that assertion by any politician, by any legislator, by any political leader, is an insult to your intelligence, and whoever dbes insult your intelligence in that way — well, you ought to know what to do with that recreant public servant. Daniel Webster used to say that it was the duty of a representative to represent, and when he could not represent the overwhelming sentiment of his constitu- ents he ought to resign. Very few representatives now resign. That is the reason the people are now clamoring for the recall. 1424 Public Papers op GoiEBNOR Stjlzeb Appeal to McKee and Blauvelt. • '■ I am very glad to have on this platform to-night ypur' representative in the ^Issembly, Mr. McKee, and your Senator froni this Senatorial , District, Senator Blau- velt. Let nie say that both of th^se gentlemen are per- sonal friends of niine. I would go a lohg way person- ally to serve either one of theml They both belong to my political party. They both ran on the same plat- form that I ran on. They were both elected b^ 'Some of the same constituents by whom I was elected. They both voted against this direct primary bill. (Several voices : Why?) One moment, let's be fair, I am a fair man and I know you air are. I am sorry they did. I believe that we are all born to err. ^' To err is human ; to forgive, divine." They have had the manhood to come here to-night to greet me, and that is more than some other Senators and Assemblymen will, do. I am not traducing th«m, I am not abusing them; I am simply trying to do my duty as I see my duty, and I find no fault with therd whether they vote for me or whether they vote against me. I find no fault with them whether they denounce me or whether they applaud me, but I do find fault when they listen to the telephone calls from New York to thwart the Grovernor in his determination to do right. , , , : ' i, OVEEWHELMING PuBLIC SeNTIMENT. Now I know something, and it is this : that every Progressive in the State of New York is supporting this cause; ninety per cent, of the Democratic news- papers in the State of New York are supporting this cause, and about seventy per cent, of the Republican newspapers in the State of New York are supporting this cause, and no newspaper in the State of New York Addresses 1*425 dares tpjbe s^gainst the principles. Every newspaper in the State of New York tha,t is against us wants to compromise. I know that every Progressive in the State of New York is for this direct primary bill. I know that ninety-five per cent, of the Democratic voters of the State of New York are for the bill, and I know that at least eighty-five per cent, of the Republican voters of the State are for the bill. Now, that is overwhelming public sentiment that a man Who holds a representative position ought to listen to. Pleads With Mb. McKee. To-night I plead with you as the Governor of this State, I plead with you, Mr. McKee, arid I plead with you, Senator Blauvelt, to bury vanity, to forget preju- dice, to rise above personality — not to listen to the telephone calls, but to listen to the dictates of con- science — listen to the voice of the people — arid the voice of God. — and meet me in Albany when the extra- ordinary session of the Legislature begins and help riie give the voters the power that belongs to the voters, the power to nominate their oWn public servants. Then you will earn the everlasting gratitude ^r- and gratitude is the fairest flower that sheds its perfume in the hunian heart — of the people of our State ; then I will rise up and call you faithful servants, and if any man tries to beat you for renomination and re-election I will go into your districts and help you, and I know I have some influence. And if — if — you will not listen to your coristituerits, if you will not listen to me, if you will not do what is right iri this matter, can you blame riae, will you blame me, if I go into your districts and do all in my power to defeat you for re-election? 1426 Public Papers or Goveenor Sulzer Speech in Rochester, N. Y., June 11, 1913. " THE POWER TO NOMINATE IS THE POWER TO CONTROL." Mr. Sulzer said in part: "All I am trying to do, as the Governor of the State, is to keep the pledges of my party — to do right — to keep the faith — and to give the people of the State an honest, an efficient, and an economical administra- tion of public affairs. " The average citizen would naturally believe that was the easiest thing to do, but I assure him it has been the hardest thing for me to do. " Ever since I have been the Governor every ob- stacle has been placed in my way, by men high in the counsels of my party, because I wanted to do wha,t I believed was right, and what my party promised to do. " The Democratic platform of 1910 declared for ' State-wide ' direct primaries, but those who drew the platform of 1912, realizing that the expectations of the rank and file of party voters were not met by the legis- lation of 1911 pledged the party to ' adopt such amend- ments to the existing law as will perfect the direct pri- mary system.' " The electors of the State understood the words ' State-wide direct primaries ' to mean direct primaries applied to all State nominations. Democratic cam- paign speeches and the newspapers which supported our ticket so interpreted these words. " In my first message to the Legislature I said: " ' We are pledged to direct primaries, State wide in their scope and character, and I urge the adoption of suqh amendments to our primary laws as will make complete and perfect the direct pri- mary system of the State.' Addresses 1427 ' ' Th^ people expected notMng less from us when we declared for State-wide direct primaries, than the nom- ination by the voters of all State officers, because it has been demonstrated that under the convention system the will of the people was iiot faithfully carried out in the State conventions. " Delegates to the State convention, when assem- bled for action, have been found not properly respon- sive to the sentiment of their constituents. They have been found more anxious to carry out the wishes of jiarty leaders than to carry out the wishes of the mass of individtial party voters. Controlling political power has not passed from the individual unit, in which it should originate, up to the State convention. On the contrary, controlling political power has originated with certain political bosses who have usurped the rights of party voters, and brought about nominations which were desired by the bosses, but not demanded by the voters. "Do I need to cite that at the assembling of each State convention the interesting questions have been, how many delegates does this leader control, and how many delegates does that leader control, and can such and such groups of delegates be combined by backroom manipulations to bring about certain desired nomina- tions? " Do i need to cite that State conventions have often been known to nominate candidates who have never been mentioned,, nor even thought of, by the rank and file of party voters? Do I need to say that in such cases delegates are not the representatives of the voters, but the representatives of party leaders who deserve the stigma of being called ' party bosses? ' Do I need to say that boss-ruled conventions have become a reproach to any political party? 1428 Public Papebs of Govebnoe Sulzeh " The adoption of State-wide direct primaries, and the abolition of State conventions, is in no sense an abandonment of the principle of representative gov- ernment, but on the contrary it is a protest against the perversion of representative government, " Under direct primaries the people will govern themselves, through representatives^ but through rejp- rese-atative^ ^elected hy themselves. That is why we want the voters to nominate. Eepresentative govern- ment is oply made actual when the power to name can- didates is taken away from political bosses, or frojn, groups of party leaders, and placed ia the hands of the voters of the political party* " That the voters are determined to have no inter- mediary between themselves and their public servants has been shown by the adoption of the seventeenth amendment to the Federal Constitution, under which the people have taken from the Legislature powers previously delegated to them to elect tjnited States Senators. , ,, "The people believe themselves more competent, than their legislators to elect Senators in Congress, because they so often found members of the Liegisla- ture were not the faithful agents of the people, but were subject both to boss control and systematic bri- bery. All the arguments now used against the aboli- tion of State conventions have been used in opposition to the direct election of United States Senators, but these arguments have been vain against the rising tide of progressive democracy. "Let us not deceive ourselves; let us not try to deceive the people ; the plain fact is, that in our pri- mary reform legislation we, in New York State; have left off our work just where the people expected us to begin. By not making our direct primary liaw Addhesses 1429 apply directly to the nomination of State officers we have continued the delegate system in the particular field in which it has proven the most unsatisfactory to the people. • i^ " The sentiment in the State in favor of direct pri- maries found its origin and growth principally in the fact that under the established primary law the rank and file of party voters were not able to control their delegates when they assembled in the State conventions. ; " I am now, always have been, and always will be in favor of carrying out, in letter and in spirit, our platform pledges. " The best way to strengthen a political party is to keep the faith. I want to restore to the people of the State the complete control of their State government; to afford the voters of the State the freest expression of their choice of candidates for public office; and I believe that our ' State-wide ' direct primary bill em- braces an honest, a sincere, a comprehensive and a practical plan for these accomplishments; " Besides, I consider that our ' State-wide ' direct primary bill is an absolutely nonpartisan measure, which faithfully reproduces, and will substantially carry into practice, the pledges of the three great political parties concerned in the last State election. "There are only two kinds of primaries — direct and indirect. The latter constitutes the reactionary delegate system; the former constitutes the present progressive system. I ain for the direct system.' I want the people to nominate because I want the peo- ple to rule. The power to nominate is the power to control. Do not forget that. ■ "To have direct primaries and to have State con- ventions is impossible. Direct primaries have been 1430 Public Papers of Goveenob Sulzeb devised by the friends of good government to permit the people to nominate their officers directly without the intermediary of delegates, and as, of course, you cannot have State conventions without delegates, it follows that State conventions must go and honest direct nominations must come. There is no middle ground. There can be no compromise. Those who want to compromise are against us. The principle ad- mits of no legitimate debate. You cannot compromise a principle. " It is self-evident to me that if the people are com- petent to directly elect their public officials they are just as competent to directly nominate these officials. "If it is important for minor officers to be nomi- nated by the people, it is still more important that the people be given the power to nominate candidates for United States Senator and for Governor. That if special interests seek to control public affairs for the promotion of their selfish ends through the manipula- tion of party conventions, the plain people should seek to do the same thing by taking in their own hands the right to nominate directly these more important officials. " The changes which we advocate in our primary law are in harmony with the spirit of the times, and will make for the perpetuation of our free institutions. They aim to restore to the people the rights of the many which have been usurped by the few, for the benefit of invisible powers which aim to control gov- ernmental officials, to pass laws, to prevent the pas- sage of other laws, and to violate laws with impunity. To these invisible powers I am now, always have been, and always will be opposed. " No government can be free that does not sLllow all its citizens to participate in the formation and the Ai!ppBSSEs 1431 execution of its, laws. Every other government is a mere form of despotism. The politie^l history of the world illustrates the truth that under the forms of democratic government popular control may be de-: stroyed, and corrupt influences, through invisible political power, establish a veritable despotism. , "Tweed,, used to say that he cared not who elected the officials so long as he could nominate them. Do you know why? Because the power to nominate officials is the power to control these officials when they go into, office. That is all there is to it — and that is the reason the bosses want to keep this power to nomi- nate., The power to nominate makes the boss. That is the reason why every political boss in the State is against direct nominations. Do not forget that. " Tweed was a boss. You remember he challenge^ the, power of the people. With brazen audacity he defied, the voters and said : ' What are yon going to do about it? ' You know the ansAver. Have the little Boss^A^eeds so soon forgotten the tragic fate of Big Boss Tweed? It is an old saying that history repeats itself. ' ' If it is wise ■. to trust the people with the power to noi:^inate some public officers, I am sure it is just as wise to trust them with the power to nominate all public officers. I believe, it is as wise to trust them to nominate a Governor as tp trust thein to nominate a constable, and as wise to trust them to nominate a judge of the Court: of Appeals as to trust them to nominate a justice of the peace. " The people have been trusted with this power in many other States, and they have used it to bring about good government and greatly improved condi- tions. Let the Empire State put itself in line with the foremost States in the Union, by favoring n,ominations 1432 Public Papees of G6veknok Sulzeb by the people, for thus only can we secure a govern- ment of the people. " So if any one tells you that a direct nbroinations law is not a good thing, you deny it, and point to what other States have done through the agency of this beneficent reform. "No man fears direct primaries, except a man whose character, and whose ability, and whose men- tality cannot bear the searchlight of publicity. No man fears direct primaries, unless he wants to be the creature of invisible government rather than the serv- ant of popular government. " Our State-wide direct primary bill is a good meas- ure. I am for it. My friends are for it. The plat- form of nearly every party is for it. On this issue there is no middle ground. The Democrats of the State must stand with their Governor for direct pri- maries, or they have got to be against the Democratic platform. Let every Democrat decide. All my life I have fought for the right; for the truth; for simple justice, and for humanity. I shall not change now. " What Democrat in our State is going to be false to the platform, to be a traitor to the party, and to desert me in the performance of my duty? In this cause for direct primaries I have no fear of the ulti- mate result. The people will win. ' ' I say deliberately to the party leaders of the State that you have got to line up the representatives in the Legislature, whom you control, to pass this honest, this just, this fair, this nonpartisan State-wide direct primary bill, to keep your pledges, or I will line up the people against your representatives for their fail- ure to be true to their pledges. ' ' When I make a promise to the people I keep it, or I frankly tell the people why I cannot keep it. When my party makes a promise to the people, I want my V . Addresses . i ,, ,,, ;<: 1433 party to keep the promise, or I vant |t)ie people, to know the reason why. .. ' ', Let ns keep the faith. That is where I stand, and I will stand there to the end. If any man is against me in my ideterinination to keep thp faith, I must of necessity be against that man. . i m ; ; " It is all very simple to '^■e- If ^W Tiemqcxat in this State is against the I)em.ocratic platform, tha,t man is no true I)p:pioerat ; and as. the Democratic Goy- ernor of the State I shall do everything in my power to drive that recreant Democrat out of the councils of the Democratic party. ' ' The record will show that for years I have been a consistent advocate of genuine direct primaries, and I firmly believe that the enactment into law of a State- wide direct primary bill, along the lines of the meas- ure we prepared^ and introduced in the Legislature, will accomplish what the voters desire, aiid reflect greater credit on the members of the present Legis- lature than the passage of ahy other act that can be presented, for the consideration of its members this year. " Let- us be honest with the votters and keep bur pledges to the people. At all events, as the Governor, I shall, and if the Legislature does not, I want the voters to know the reason why. " When we consider the waste, the extravagance, the inefficiency, and the corruption, which have re- cently been brought to light in connection with the administration of public affairs in our Statb, all due, in no small degree,, to the fact that in recent years political power has been gradually slipping away from the people, who should always control it and wield it, there can be no doubt as to the necessity of this legis- latioh'and the duty of every voter in this all-important matter. 1434 Public Papers of Governoe Sulzer " Every intelligent citizen is aware that those who subvert the government to their personal advantage have found their greatest opportunities to do so through the adroit iand skillful manipulation of our system of political conventions. It must cease or our free institutions are doomed. " This is a struggle for good government — a fight to restore the government to the people. The cause is their cause. In this battle for direct nominations I will lead where any man will follow, and I will follow where any man will lead. " The voters of the State, however, must now see to it that the men they have sent to the Senate and the Assembly, keep their promises, and in the extra session vote for our direct primary bill, or never hope again for political preferment. ' ' In the recent session of the Legislature the bosses told the people's representatives to beat our direct primary bill. In the extra session of the Legislature, called by me, and soon to convene, I want the voters who elected the Senators and the Assemblymen, to tell them to vote. for our primary bill. Tell them that, and tell them if they disobey your mandate for the wishes of the bosses you will never vote for them again. " Instruct your representatives in the Legislature what your wishes are in this matter. Tell theji:^,wh'at you want them to do about our bill for direct pri,- maries, and rest assured they will not dare to cheat you again. ' ' If the voters in each Assembly and Senatorial di^^ triot will do their duty for the next few days the di- rect primary bill will be passed in the extra session of the Legislature and success will crown our efforts — but every voter must do his duty, and dp it now." Addresses 1435 Address to Qame Protectors of the State in Annual Ses- sion in the Assembly Chamber, Capitol, Albany, N. Y„ June 11, 1913. The Governor said: The people of this State are the trustees of the future generations. If they destroy anything animate or in- animate unnecessarily, so as to deprive those who come after them of their benefits, they are recreant of their duty and false to their trust. That is the Alpha and Omega of conservation. That idea has appealed to toe since I was a boy on my father's farm. My father taught me to love nature, to plant trees, to believe in the beautiful, that there are sermons in stones and books in running streams. If any living thing is killed without good cause it is a crime against nature and nature's God. I have been for the conservation of God's things and man's things all my life. Years ago I battled for a bill to preserve the Adiron- dack forests from desolation. I passed that bill against great influences. I also passed a bill for the protec- tion of the Hudson watershed. AH the time I was in Congress I fought to protect anitoal life. There is no land more favored than the United States. "We have made great progress alOng lines of conservation, and I feel confident that in y'i^ars to come greater progress will be made, in the law and in the hearts and brains of the people! so that no one shall kill any living thing except for food or as a specimen. That is the true idea of the sportsman. Let me thank you for the good work you are doing, for huihanity, the State and future generations. 1436 Public Papebs op GoVebnob Sulzeb Address at the Conference of Infant Welfare, Albany, N. Y., June 12, 1913. Governor Sulzer was invited "by the Conference of Infant Welfare to its meeting in the Senate chamber, and to deliver an address. A committee from the Con- ference awaited upon the Governor and escorted him to the . Senate chamber. The Governor was inamedi- ately introduced by Doctor Porter, Commissioner . of Health of the State of, New York. ; The Governor spoke as follpw:s : Doctor Porter, Ladies and Gentlemen. — I am very glad to be with you this afternoon, because no one in all our State takes a deeper interest in Infant Welfare than I do. You are to be congratulated on what you are doing for the State; and, more than that, commended for what you are doing for humanity; for, after aU, hu- manity is the greatest thing in all the world. When we grasp that idea it is easy to comprehend, its signifi- canqe. Not so very long ago, early lasit year, I was a guest at a dinner in the White House. I sat alongside of one pf the most distinguished ambassadors to our coun- try. During the dinner he asked me what I considered the greatest thing in the world? I answered " a baby. ' ' That struck the diplomat as being rather odd, aftd he inquired, why? Whereupon I asked him what he considered the greatest thing in the world? He re- plied, " the Taj Mahal." Then I said ' ' oh, yes, ' ' the Taj Mahal is a bpautif ul mausoleum built in India by a great Frenchman, but remember that Frenchman was a baby once upon a time! Addeesses 1437 The ambassador looked at me and lie said " well, that is so. You have given me a new idea." " YeS," I said, " and I will give you a greater idea, Mr. Am- bassador. Do you know everything oh earth we love and revere and admire, that is not the work of God, is the work of man, or a woman, and that sometime or other that man or that woman was a baby. ' ' So, my friends, after all, the greatest thing in all the world is a baby; and all that we are, all that we have been, and all that we hope to be, we owe to a baby — grown up to m^hood or to womanhood. They talk about conservation. I am a conservatioiiist in season and out of season, all along the line, but the greatest kind of conservation on darth is the conserva- tion of child life. On that depends the future; on that depends our country; on that depends the hope of the world. Let us not for'get these things. More than that, let us be sure nobody else forgets them. Hence, as the Governor, I thank you for all you are doing — for the babies of our State. In a humble way I am working along the same lines, and doing what I can to carry out your views and your ideas. To that end, not so long ago, I appointed a comniis- sion of very eminent and distinguished citizens to look into health matters, to study child welfare, in the State of New York ; to report to me with recommendations for suitable legislation, in order to remedy many things that should never exist in the State, and to take beed, by the lessons of the past for the great need of the future. That Health Commission, one of the best Commis- sions, in my judgment, that ever met and worked, ac- complished in a very few weeks, a remarkable amouiit 1438 Public Papers of GoyEBwoE Sulzeb of goodj and gathered a large quantity of data and in- formation regarding the whole subject-matter. What it did was a revelation to me. Some of the data stag- gered me, and I am not easily staggered. I sejit that report, the testimony accompanying it, and the l&w recommended, to the Legislature, and we all helped to get the law passed through the Legisl^g,- ture, and we succeeded, and the law is now upon the statute books. That Commission is entitled to the gratitude of all our citizens, and with the help of its members, and Doctor Porter, for whom I have a very high opinion, and others, we hope to put into practice, in a very short time, the tremendous agencies of this law to accom- plish what you are talking about, and what you want to accomplish, for the conservation of child life. Let me tell you, and through you all concerned, that over twenty-five thousand babies, under one year of age, died in the State of New York in the year 1912. Well known authorities estimate that at least half of these deaths were preventable by known practicable methods. This question is great enough to all concerned for the State of New York to undertake a systematic study of the methods and means of prevention, and I believe in the old saying, ' ' that an ounce of prevention is worth a pound of cure. ' ' That Health Commission called, attention to the need of work along these lines, and recommended that each city with a population in excess of ten thousand, and having an industrial population, should have one in- fant welfare station, and that larger cities, with an in- dustrial populatipn, should have one such welfare sta- tion, for, approximately, each twenty thousand in- habitants. Addresses 1439 Under the law I mentioned it is now possible to more accurately register births. This is a great step in ad- vance, as New York State has been severely criticised by the United States Census Bureau fot the inaccuracy of its birth statistics.,, With the knowledge of the infants born, and the lo- cality of their birth, and the causes of death, each com- munity should be able to secure through the, welfare department: First. — Instruction of mothers during prenatal period. Second.-— Competent att;endance in child-birth. Third.— The encouragement of breast feeding. Fourth. — Medical supervision of the child at stated intervfijls, whether breast or bottle fed; and last but not least, pure milk for infants for whoni maternal nursing is impossible. These are very important matters to the State. It is a disgrace that we have not heretofore given this subject the consideration to which it is entitled. To that end I shall do all ih my power in the future, as in ike past, to co-operate with you; to aid you in every way I can ; to do everything that can be done for infant welfare and the conservation of human life. This is the very first duty of the commonwealth^ and neglected all other things will go awry and be whistled down the wind. All honor and all credit to the splendid men ^nd the good women hpre assembled for all they are doing for. the State, for the future of the race, and for the grea,t; ness and the glory of humanity. 1440 Public Papebs of CroyBKNOB Sulzbb Address at the Thirteenth Annual Session of the Grand Council of the United Commercial Travelers, Albany, N. Y., June 13, 1913. A committee from the United Gommerfeial Travelers called on Grovernor Sulzer at the Executive Chamber and escorted him to the Thirteenth Annual Session of the Grand Council of the United Commercial Travel- ers, being held in the Assembly Chamber in the Capitol. ■ ' After being introduced, he spoke as follows : My friends, I am very glad to be with you this morn- ing, and to greet you, and to bid you welcome to 'the Capitol of our State. It is especially gratifying to me. to see in this as- semblage so many beautiful women. That is an evi- dence to me that the commercial travelers understand their business. It is" my observation that when the women are with us we always win. If I had my way the worsen in our State would have all the rights the men possess. It will come too, just as sure as the sun will rise to-inpr- row morning. We know that the women are always for every good cause ; for everything that is for the betterment of hu; inanity; and for all that makes for good government. God bless our good and noble, women. So long as the patriotisin of man is as true as the fidelity of woman, just so long will the free institutions of America sur- vive and never perish from the earth. I am an old and a true friend of the Commercial Travelers. They have helped me in many ways, and whenever I have been able to show appreciation for Addsesses 1441 what they have done for me I have always been glad to do so. They say the first piece of legislation, ever enacted in this State, for the Commer<;ial Travelers was writ- ten upon the statute books by my pen. That is the law for sanitary towels in hotels., I signed that bill with a good deal of gratification, for two reasons : First, because I knew it would help the Commercial Travelers, as well as other people who frequent hotels; and, secondly, I remembered some- thing that oeourred several years ago in a hotel in my own Congressional district. A man stopping at this hotel made a complaint to the clerk about the filthy condition of the towel in the general wash room. The clerk said: " Twenty-seven men used that towel this morning and you are the first man that has made a kick about it." I believe cleanliness is next to Godliness. The Commercial Travelers constitute a valuable in- stitution, not only in our State, but throughout the country. They are the advance agents of informa- tion and prosperity. They travel here and there and gather the news, and, in many instances, carry it quicker and faster and better than some of the news- papers. I would rather have the Commereial Travel- ers carrying the news about me around the State than some of these newspapers. As a general thing the Commercial Traveler is a wise and discreet man. He knows his business — and busi- ness is busine»s with him. In order for him to suc- ceed it is necessary for him to be a very good judg'e of. human nature. It is better to be a good judge of human nature than a good judge of books- There is more to read in human nature than in books. All that 46 1442 Public Papers of Gtoveknok Sulzbr is good in books is simply a reflection of what is good in man and in woman; so the Commercial Traveler is a traveling, perambulating, encyclopaedia of knowledge of matters of local and general moment. You never meet a Commercial Traveler on the train, or in a hotel, or on the highway, but what you meet -a good fellow who can tell a good story, and who can give you more information about everything than the local newspapers. If I wanted to know all about a place, where I was a stranger, and I could meet a Commercial Traveler, nine times out of ten I would get all the information I wanted. The Commercial Traveler, as you readily under- stand, must keep posted. That is a part of his busi- ness. He must know. He illustrates the old saw that " knowledge is power." The Commercial Traveler, in order to succeed, must convince the other fellow that he is right. To do that he must overcome the natural conservatism of the great majority, and eliminate local and business prejudices. That is a very difficult thing to do. Hence the Com- mercial Traveler who does it successfully is an illus- tration of progress, and that is what we are all trying to make — progress. The Commercial Traveler is a good citizen; a good man ; a good friend ; and a good husband. No one can pay too high a tribute to his mentality, to his enthu- siasm, to his wisdom, to his ability and to the way he does things and gets results. I am glad to be here and pay him this tribute. It is my wish that your meeting will be successful and productive of good results. I congratulate you on coming to Albany. I hope your sojourn in our Cap- Addresses 1443 italCity will be pleasant and I can assure you that the people of Albany will do everything in their power to make your stay as agreeable and enjoyable as possible. In conclusion, I bid you all good day, and wish you success and God speed you in your deliberations. Speech at Yonkers, New Rochelle, and White Plains, N. Y., June 13, 1913 WHY DIRECT NOMINATIONS? Mr. Sulzer said in part : ' ' The spirit of true Democracy is summed up in the slogan ' Let the people rule.' They cannot rule until they obtain a successful method of nominating the candidates. " New York State is one of the last States in the Union to capitulate to the present-day demand for popular rule in the nomination of candidates for all public offices. It is bound to come in New York. The fight is on, and the people are in earnest to secure this salutary reform. " The power of special privilege is making its last stand in our State, but will be overthrown, and over- thrown speedily, by a righteous public sentiment. " Every day I am hearing from Senators and As- semblymen who voted against our direct primary bill, but who now assure me they will give it their support at the coming special session of the Legislature, be- cause they have learned since they returned home that by voting against direct primaries, they misrepre- sented the sentiment of their constituents. " The widespread demand for direct primaries orig- 1444 Public Papers of Goveekor Sulzer inated mainly from the scandalous failure of State conventions to faithfully reflect the sentiment of the voters. Again and again candidates having strong support in State conventions have been set aside and the Ijosses have brought' forward at the last iiioment a dark-horse candidate and secured his nomination through skillful political manipulations. ' ' There are only two kinds of primaries — direct and indirect. The latter constitutes the reactionary delegate system;' the former constitutes the present progressive system. I am for the direct system. I want the people to nominate because I want the people to rule. . " To have direct priaiaries and to ha-ve State con- ventions is impossible. Direct primaries have been devised by the friends of good government to permit the people to nominate their officers directly without the inteirmiediary of delegates, and as, of course, you cannot have State conventions without delegates, it follows that State conventions must go and honest direct primaries must come. There is no middle ground. There can be no compromise. Those who want to compromise are against the voters. You can- not compromise a principle. '■ It is self-evident to me that if .the people are com- petent to directly elect their public, officials they are just as competent to directly nominate these officials. "If it is important for minor officers to be nomi- nated by the people, it is still more important that the people be given the power to nominate candidates for United States Senator and for Governor. That if special interests seek to control public affairs for the promotion of their selfish ends through the manipula- tion of party conventions, the plain people should seek Addresses 1445 to do the same thmg by taking in their owrf hands the right to nominate direcftly these important officials. * ' The truth is that the delegate system of nominat- ing officers has completely broken down and proven itself not only inadequate to carry out the wishes of the people, but it has bex5ome an instrumentality through which the powers of government are prosti- tuted and brought under the dominion of unscrupulous men seeking special privileges. " The Democratic party, in the State of New York, in its last State convention, declared in emphatic terms for direct primaries — and State-wide at that. "I believe it is my duty, as the Governor, elected on > that platform to do everything in my power to carry out this solemn pledge. Every official in the State elected on that platform should uphold my efforts to redeem the pledge, and keep faith with the voters. " So far as I am concerned there will be no step backward. I am in the fight to stay, and to the end. Hence I urge every honest man in the State who be- lieves in fair play, who wants to keep good faith, and who favors redeeming solemn party promises, to aid me in the struggle. " We will win in the end. The leading newspapers of the State; seven-tenths of the voters of the State, regardless of party affiliations ; and the overwhelming popular sentiment of the people, are behind the cause for direct nominations and are with me in the fight for the legislation. ' ' Let me tell you briefly just what our direct pri- mary bill accomplishes: ' ' 1.' All party candidates for public offices, except town, village and school district offices, are to be nomi^ nated directly by the enrolled party voters at an official primary. 1446 Public Papers of Goveknoe Sulzeb "2. A State committee of 150. members, one from each Assembly district, and a county committee for each county, to be elected directly by the enrolled party voters at the official primary. " 3. All party candidates to be voted for in the official primary to be by petition only, just the same as independent candidates. " 4. Every nominating petition to contain the ap- pointment of a committee for filling vacancies on the official primary ballot. ' ' 5. Candidates to be arranged on the official pri- mary ballot under the title to the office. Order of arrangement to be determined in each group by lot, by the commissioners of election, in the presence of the candidates or their representatives. All emblems on the primary ballot abolished. "6. The nimaber of enrolled party voters required to sign a nominating petition to be fixed by a per- centage of the party vote for Governor at the last preceding election. " 7. The official primary district is made identical with the election district, and primaries of all parties to be held at the same polling place, conducted by the election officers. ' ' 8. Each party to have a ' Party Council ' to frame a platform ; such Council to consist of the party candi- dates for office to be voted for by the State at large ; party Congressmen, and party United States Sen- ators; candidates for the Senate and Assembly and members of the State committee. ' ' 9. Election of United States Senators by the peo- ple provided for in accordance with the recent con- stitutional amendment. Nominations to be made at official primary in the same manner as for the office of Governor. Addresses 1447 ' ' 10. Eegistration days in the country reduced from four to two, and registration in the country by affidavit required where voter does not appear personally. " 11. Boards of election in counties having less than one hundred and twenty thousand inhabitants reduced from four members to two. " 12. The use of party funds at primary election prohibited. " 13. The Penal Law to be amended limiting the amount of money that may be expended by a candidate, or any person in his behalf, for the purpose of seeking a nomination to public office. " 14. Delegates and alternates from the State at large, and from congressional districts, to the national convention to be chosen by the direct vote of enrolled party voters at the official primary. " That is briefly what our direct primary bill does. Any proposition less than this begs the whole question and violates the pledged faith to every voter in the State. " I am now, and always have been, and always will be, in favor of carrying out the platform pledges of a political party to the letter. The best way to strengthen a political party is to keep faith with the people. ' ' I want to restore to the people of the State the complete control of their State government; to afford the voters of the State the freest expression of their choice of candidates for public office; and I believe that our ' State-wide ' direct primary bill embraces an honest, a sincere, a comprehensive and a practical plan for these accomplishments. " Besides I consider that our ' State-wide ' direct primary bill is an absolutely nonpartisan measure, which faithfully reproduces and will substantially 1448 Public Papeks of Goveknoe Sulzer carry into practice, the pledges of the three great political parties concerned in the last State election; and tJiat, on its merits, it meets with the approval and has the support of a large majority of all the intelli- gent citizens of this State. " It is my candid opinion that every member of the Legislature is solemnly bound in honor, and is pledged, by the highest moral and political obligations, to vote for the enactment of a direct primary bill; and those who fail to do so will be recreant to their promises and forced to yield to public opinion and be replaced by others who will vote to give the State an efficient and just State-wide direct primary law, that will embrace every office, from Grovernor down to constable. " Is it necessary for me, or any other man, to say that in continuing the delegate system in nominating State officers, electors are not allowed to nominate directly? In continuing the delegate system we are therefore ignoring and repudiating our platform pledges and betraying the people with false pretences. "I shall not be a party to such repudiation. I shall not endorse such a betrayal of the people. No political party can make me a political hypocrite. "The Democratic candidates! promised the people in the last campaign that if we were successful, we would give them — among other things — a State-wide direct primary law. " I ran for the Governorship on the platform of the Syracuse convention, and after I was nominated I stood on it throughout the campaign — squarely and honestly. "At the request of my party I made a campaign through the State. They tell me I spoke to more people during the contest than any other candidate in all the history of the State. I told the people that Addresses 1449 if I were elected I would do everything in my power to carry out the pledges of my party as enunciated in the Syracuse platform. Many doubted the sincerity of my campaign speeches; but there was one man who never doubted, and that is the man who is now the Governor of the State. " When I cannot be honest in politics, I shall get out of politics. I believe honesty in politics will suc- ceed, just the same as I believe honesty in business will succeed. If anyone doubts that, all he has to do is to think of what has been accomplished in this country during the past quarter of a century by the men who have dared to be true in politics. ' ' When I make a promise to the pisople I keep it, or I frankly tell the people why I cannot keep it. When my party makes a promise to the people, I want my party to keep the promise, or I want the people to know the reason why. " Let us keep political faith with the voters. That is my motto. That is where I stand, and I shall stand there to the end. If any man is against me in my de- termination to keep the faith, I must of necessity be against that kind of a man. ' ' It is all very simple to me. If any Democrat in this State is against the Democratic State platform that man is no true Democrat ; and as the Democratic Governor of the State I shall do everything in my power to drive that recreant Democrat out of the councils of the party. ' ' The record will show that for years I have been a consistent advocate of genuine direct primaries, and I firmly believe that the enactment into law of a State- wide direct primary bill, along the lines of the measure we are advocating, will accomplish what the voters 1450 Public Papers of Goveenob Sulzer desire, and reflect greater credit on the present Legis- lature tkan the passage of any other act that can be presented this year for the consideration of its members. " The voters of the State, however, must now see to it that the men they have sent to the Senate, and the Assembly, keep their promises, and in the extra session of the Legislature vote for a direct primary bill, or never hope again for political preferment. " In the recent session of the Legislature the bosses told the people's representatives to beat the direct primary bill. In the extra session of the Legislature, called by me, and soon to convene, I want the voters who elected the Senators, and the Assemblymen, to tell them to vote for this meritorious measure as they direct, and not as the political bosses misdirect. " Instruct your representatives in the Legislature what your wishes are in this matter. Tell them what you want them to do about our bill for direct pri- maries, and rest assured they will not dare to cheat you again. ' ' If the voters in each Assembly and Senatorial dis- trict will do their duty for the next few days the direct primary bill will be passed in the extra session of the Legislature and success will crown our effort — but every voter must do his duty. " Let us be honest with the voters and keep our pledges to the people. At all events, as the Governor, I shall, and if the Legislature does not, I want the voters to know the reason why." AdCresses 1451 Speech on Direct Nominations, at Cooper Union and Brownsville, New York City, June 14, 1913. "WHAT ARE YOU GOING TO DO ABOUT IT?" Mr. Sulzer said in part: ' ' All the arguments now used against direct nomina- tions, and the abolition of State conventions, have been used in opposition to the direct election by the people of United States Senators, but these arguments have been in vain against the rising tide of progressive democracy. " In my first message to the Legislature I said: "'We are pledged to the principle of direct primaries. State wide in their scope and character, and I urge the adoption of such amendments to our primary laws as will perfect the direct pri- mary system of the State.' " The Democratic platform of 1910 declared for ' State-wide ' direct primaries, and pledged, the party to ' adopt such amendments to the existing law as will perfect the direct primary system.' " The electors of the State understood the words ' State-wide direct primaries ' to mean direct pri- maries applied to the nomination of State officers. Democratic campaign speeches and the newspapers which supported our ticket so interpreted these words. "Let us not deceive ourselves, and let us not try to deceive the people; the plain fact is, that in our primary reform legislation we, in New York State, have left off our work just where the people expected us to begin. * ' By not making our direct primary law apply directly to the nomination of State officers we have continued the delegate system in the particular field 1452 Public Papers op Governor Sulzee in which it has proven the most unsatisfactory to the people. ' ' '" • t < -' li • : " I am now, always haVe been, and always will be in favor of carrying out our platform pledges to the letter. The best way to strengthen a political party is to keep the faith. " I want to restore to the people of the State the complete control of their State government; to. afford the voters of the State the freest expression of their choice of candidates for public office; and I believe that our ' State-wide ' direct primary bill embraces an honest, a sincere, a comprehensive ,ajid, a practical plan for these accomplishments. ^ ' Besides, I consider that our ' , State-wide ' direct primary bill is an absolutely, nonpartisan measure, which faithfully reproduces, and will substantially carry into practice, the pledges of the three great political parties concerned' in the last State election. " There are only two kinds of primaries — direct and indirect. The latter constitutes the reactionary delegate system ; the former constitutes the present progressive system. I am for the direct system. I want the people to nominate because I want the people to rule. The power to nominate is the power to con- trol. Do not forget that. ' ' To have direct primaries and to have State con- ventions is impossible. Direct primaries have been devised by the friends of good government to permit the voters to nominate their officers directly without the intermediary of delegates, and as, of course, you cailnot have State conventions without delegates, it follows that State conventions must go and honest direct primaries must come. There is no middle ground. There can be no compromise. Those Avho Addeessbs 1453 want to compromise are against: us. You caianot com- promise a principle. ; , , • " It is self-evident to me tlialt if the people are com- petent to directly ele&t their public officials they are just as competent to directly nominate these officials. " If it is important for minor officers to be nomi- nated by the people, it is still more important, that the people, be given the power to nominate candidates for United States Senator and for Governor. That if special, interests seek to control public affairs for the promotion of their selfish end^. through the manipula- tion of party conventions, the plain people should seek to do the same thing by taking, in their own hands the right to nominate directly these important officials. " The adoption of State-wide direct primaries, and the abolition of State conventions, is in no sense an abandonment of the principle of representative gov- ernment, but on the contrary it is a protest against the perversion of representative government. " Under direct primaries the people will govern themselves, through representatives, but through rep- resentatives selected by them3elves. Representative government is only made actual when the power to name candidates is taken away from the- political bosses, and placed in the hands of the voters of the political party. " That the peoplp of our State are determined to have.no intermediary ,be1?ween,,them:Sftlves and their public . servants has been shown by the adoption, in New York,, of. the seventeenth amendment to the Fed-.' eral Constitution, under which the people have .taken from the Legislature the right to. elect United, States Senators^ ,," The people are now demanding a new declaration of political independence to the aid of which they are 1454 Public Papebs of Govebnor Sulzee pledging their most earnest efforts to bring their rep- resentatives in the Legislature to the support of our direct primary bill, which will establish conditions under which in things political every man shall count for one, and no man shall count for more than one. " The changes which we advocate in our primary law are in harmony with the spirit of the times. They aim to restore to the people the rights which have been usurped by the few, for the benefit of invisible powers which aim to control governmental ofiicials, to pass laws, to prevent the passage of other laws, and to violate laws with impunity. To these invisible powers I am now, always have been, and always will be opposed. " No government can be free that does not allow all its citizens to participate in the formation and the execution of its laws. Every other government is a mere form of despotism. The political history of the world illustrates the truth that under the forms of democratic government popular control may be de- stroyed, and corrupt influences, through invisible political power, establish a veritable despotism. " Tweed used to say that he cared not who elected the officials so long as he could nominate them. Do you know why? Because the power to nominate officials is the power to control these officials when they are elected. That is all there is to it — and that is the reason the bosses want to keep this power to nomi- nate. The power to nominate makes the boss. Every political boss in the State is against direct primaries. Can you blame him? " Tweed was a boss. You remember he challenged the right of the people to good government. With brazen audacity he defied the voters and said : ' What Addresses 1455 are you going to do about it! ' You know the answer. Have the little ^Boss Tweeds so soon forgotten the tragic fate of Big Boss Tweed? It is an old saying that history repeats itself. " We will win in the end the battle to restor© to the people the government. The leading newspapers of the State; seven-tenths of the voters of the State, regardless of party affiliations ; and the overwhelming popular sentiment of the people, are behind the cause, and are with me in the fight for the legislation. ' ' Let me tell you briefly just what our direct pri- mary bill accomplishes : " 1. All candidates for public offices are to be nomi- nated directly by the enrolled party voters at an official primary. " 2. A State committee of 150 members, one from each Assembly district, and a county committee for each county, to be elected directly by the enrolled party voters at the official primary. " 3. All candidates to be voted for in the official primary to be by petition only, just the same as inde- pendent candidates. ' ' 4. Every nominating petition to contain the ap- pointment of a committee for filling vacancies on the official primary ballot, " 5. Candidates to be arranged on the official pri- mary ballot under the title to the office. Order of ar- rangement to be determined in each group by lot, by the commissioners of election, in the presence of the candidates or their representatives. All emblems on the primary ballot abolished. Names of candidates to be numbered from one upward. Voter to indicate his choice by making a cross mark before the name of each candidate. 1456 Public Papers of Goveknoe Sulzer * ' 6. The number of enrolled party voters required to sign a nominating petition to be fixed by a percent- age of the party vote for Governor at the last preced- ing election. " 7. The official primary district is made identical with the election district,- and primaries of all parties to be held at the same polling place, conducted by the election officers. ' ' 8. Eacli party to have ^ Party Council to frame a platform ; such Coujioil to oon§iigt of the party candi- dates for office to be voted for by the State at large; party Congressmen, and party Uiiited States Sena- tors; candidates for the Senate and Assembly and nienjbers of the State conunittee. " 9. Election of United States Senators by the peo- ple provided for in accordance with the recent con- stitutional amendment. Nominations to be made at official prinjary in the same manner as for the office of Governor. ' ' 10. Eegistratioi). days in the CQuntry reduced from four to two, and registration in the country by affi- davit required where voter does not appear personally. ' ' 11. Boards of election in counties having less than one hundred and twenty thousand inhabitants reduced from four members to two. " 12. The use of party funds at primary election prohibited. " Ip. The Penal Law to. be aniended limiting the amount of money that may be expended by a candidate, or any person in his behalf ^ for the purpose of seeking a nomination to public office, " li. Delegates awl alternates from the State at large, and from congressional districts, to the national convention to be chosen by the direct vote of enrolled party voters at the official primary. Addresses 1457 " That is briefly what our direct primary bill does. Any proposition less than this begs the whole question and violates the pledged faith to every voter in the State. "It is my candid opinion that every member of the Legislature is solemnly bound in honor, by the highest moral and political obligations, to vote for the enact- ment of a direct primary bUl ; and those who fail to do so will be recreant to their promises, forced to yield to public opinion, and be replaced by others who will vote to give the State an efficient and just State-wide direct primary law, that will embrace every office, from Governor down to constable. " If it is wise to trust the people with the power to nominate some public officers, I am sure it is just as wise to trust them with the power to nominate all public officers. I believe it is as wise to trust them to nominate a Governor as to trust thpm to nominate a constable, and as wise to trust them to nominate a judge of the Court of Appeals as to trust them to nominate a justice of the peace. " The people have been trusted with this power in many other States, and they have used it to bring about greatly improved conditions. Lfet the Empire State put itself in line with the foremost States in the Union, by favoring nomination by the people, for thus only can we secure a government of the people. " So if any one tells you that a direct primary law is not a good thing, you deny it, and point to what other States have done through the agency of this beneficent system. " No man fears direct primaries, except a man whose character, and whose ability, and whose men- tality cannot bear the searchlight of publicity. No 1458 Public Papers of Govebnob Stjlzeb man fears direct primaries, unless he wants to be the creature of invisible government rather than the serv- ant of popular government. ' ' Our State-wide direct primary bill is a good meas- ure. I am for it. My friends are for it. The plat- form of nearly every party is for it. On this issue there is no middle ground. The Democrats of the State must stand with their Governor for direct primaries, or they have got to be against the Democratic plat- form. Let every Democrat decide. All my life I have fought for the right; for the truth; for simple justice, and for humanity. No man can make me change now. ' ' When I make a promise to the people I keep it, or I frankly tell the people why I cannot keep it. When my party makes a promise to the people, I want my party to keep the promise, or I want the people to know the reason why. ' ' Let us keep the faith. That is where I stand, and I will stand there to the end. If any man is against me in my determination to keep the faith, I must of necessity be against that man. " It is all very simple to me. If any Democrat in this State is against our State platform, that man is no true Democrat ; and as the Democratic Governor of the State I shall do everything in my power to drive that recreant Democrat out of the councils of the Dem- ocratic party. " The record will show that for years I have been a consistent advocate of genuine direct primaries, and I firmly believe that the enactment into law of a State- wide direct primary bill, along the lines of the measure we introduced in the Legislature, will accomplish what the voters desire, and reflect greater credit on the members of the present Legislature than the passage Addbesses 'f >i iH i' 1459 of any other act that can be presented this year for their consideration. " Let us be honest with the voters and keep our pledges to the people. At all events, as the Governor, I shall, and if the Legislature does not, I want the voters to know the reason why. ^" ' ' When we consider the waste, the extravagance, the inefficiency, and the corruption, which have re- cently beeii brought to light in connection with the administration of public affairs in our State, all due, in no small degree, to the fact that in recent years political power has been gradually slipping away from the people who should always control it, there can be no doubt as to the necessity of this legislation and as to the duty of every patriotic citizen in this all-impor- tant matter. " Every intelligent voter is aware that those who subvert the government to their personal advantage have found their greatest opportunities to do so through the skillful manipulation of our system of political conventions. It must cease or our free insti- tutions are doomed. ' ' This is a struggle to restore the government to the people. The cause is their cause. In this battle for direct nominations I will lead where any man will fol- low, and I will follow where any man will lead. " The voters of the State, however, must now see to it that the men they have sent to the Senate, and the Assembly, keep their promises, and in the extra session vote for our direct primary bill, or never hope again for political preferment. " In the re.cent session of the Legislature the bosses told the people's representatives to beat our direct primary bill. In the extra session of the Legislature, 1460 Public Papeks of Goveknoe Sulzeb called by mey and soon to convene, I want tke voters who elected the Senators, and the Aasemblymen, to tell them to vote for our primary bill as. they- \ direct. " Instruct your representatives in the Legislature what your wishes are in this matter. Tell thenlwhat you want them to do about our bill for direct pri- maries, and rest assured they vdll not dare to betray you again. " If the voters in each Assembly and Senatorial, dis- trict, in Gi^eater, New York,, will do their duty for the next few days the direct primary bill will be passed in the extra session of the Legislature and success will crown our eif orts; — but every voter must do his duty. ' ' XIV PART 2 ADDRESSES (Extraordinary Session) XIV PART 2 ADDRESSES (Extraordinary Session) Speech on Direct Primaries at Harmanus Bleecker Hall, Albany, N. Y., June 17, 1913. Mr. Sulzer said in part : * ' During the last campaign I appeared on this stage and told those assembled that I stood squarely on the Democratic platform and if elected would do every- thing in my power to carry out its pledges. " Many remember that speech. You recollect, no doubt, that I said if I were elected the Governor no influence would control me in the performance of my duty, but the dictates of my conscience, and my deter- mination to do all I could for the people as God gave me the light and I saw the right. " Many dou'bted the sincerity of these campaign speeches — ■ and they say I spoke to more people in that campaign than any other man who ever was a candidate for office in this State — but there was one ■ man who never doubted the sincerity of what I said — and that is the man who is to-day the Governor of the State. ' ' The good people in Albany know me and I know them. I am no stranger here. The enemies of decent g;overnment cannot place me in a false light with the decent people of our Capital City. ' ' The citizens of the State know that all I am trying to do as the ' Governor is to keep the faith; to make [1463] 1464 Public Papers of Goveenoh Sulzer good the pledges of my party; and to give the people of the State of New York an honest, an efficient, and an economical administration of public affairs. " The average citizen would naturally think that is just what I ought to do, and the easiest thing in the world for me to do. But I assure him that notwith- standing that is my desire, it is the hardest task I have ever tried to accomplish. " Ever since I, have heen the Governor, every obsta- cle has been placed in my way, and I regret to say, by some men high in the councils of my own party, just be- cause I wa,nted to do what I promised to do and what my party promised to do, That is all there is to this bitter warfare now being waged againsit me, by unprin- cipled men, from one end of the Sta,te to the other. ' ' The Democratic party promised^ the people last fall that if it were given power in the State it would enact a State-wide direct primary law, and pledge the Legis- lature in the most explicit terms to the performance of this promise. There can be no doubt about that. The record is clear. " The electors of the State understood the words ' St^ite-wide direct primaries ' to mean direc,t pri- maries, applied to all State nominations. Democratic campaign speeches, and the newspapers which sup- ported our ticket, go interpreted these words. " I am now, always have been, and always will be, in favor of carrying out in letter, and in spirit, our plat- form pledges. , The begt way to strengthen a political party is to keep the faith. , ' ' Suffice it for me to say that my purpose in this mat- ter is to restore to the people of the State the complete control of tb^ir St^te government; to afford the voters of the State the freest expression of tbeir choice of Addresses 1465 candidates, for public office ; and I believe that our State- wide direct primary bill embraces an honest, a sincere, a comprehensive, and a practical plan for these accomplishments. 4 " Besides, I consider that our ' State-wide ' direct primary bill is an absolutely non-partisan pleasure,- wliich faithfully reproduces, and will substantially carry into practice, the pledges of the three great po- litical parties concerned in the last State election. ' ' My message on the subject-matter, just sent to the Legislature, tells the story. The sentiment in the State in favor of direct primaries found its origin and growth principally in the fact that, under the estab- lished primary law the rank and file, of party voters were not able to control their delegates when they as- sembled in the State conventions. " There are only two kinds of primaries — direct and indirect. The latter kind constitutes the reactionary boss system; the former kind constitutes the present popular, progressive system. <1 am for the direct sys- tem. I want the people to nominate because I want the people to rule. The power to nominate is the pjower to control; ,Do not, fprget. that. " To have direct primaries and to have State con- ventions is impossible. Direct primaries have been devised by ithe friends of good government: to permit the, people to nosninate their officers directly without the intermediary of delegates, and as, of course, you cannot have State conventions without delegates, it follows that State conventions must go and honest di- rect nominations must come. There is no middle ground. There can be no compromise on the essential principle. Those who want to compromise are; again-st thjO people. You cannot eonipromise a principle. 1466 Public Papers of Govbrnoe Sulzer " It is self-evident to me that if the people are com- petent to directly elect their public officials, they are- jnst as competent to directly nominate these officials. " If it is important for minor officers to be nominated by the people, it is still more important that the people be given the power to nominate candidates for Senator in Congress and for Governor. That if special inter- ests seek to control public affairs for the promotion of their selfish ends through the manipulation of party conventions, the plain people should seek to do the same thing by taking in their own hands the right to- nominate directly these more important officials. ' ' Tweed used to say that he cared not who elected the officials so long as he could nominate them. Do you know why? Because the power to nominate officials- is the power to control these officials when they go into office. That is all there is to it — and that is the rea- son the bosses want to keep this power to nominate. The power to nominate makes the boss. That is why every political boss in the State is against direct nomi- nations. Do not forget that. " Tweed was a boss. You remember he challenged the power of the people. He spurned their petitions^ He trampled on their rights. With brazen audacity he defied the voters and said : ' What are you going to- do about it? ' You -know the answer. Have little Boss Tweeds as soon forgotten the tragic fate of Big- Boss Tweed? It is an old saying that history repeats itself. ' ' Now a few words about a little Boss Tweed in Al- bany County — one Patrick E. McCabe. You kno-w something about him and his methods. ' ' Yesterday he circulated what he calls a bitter at- tack on me. It was screed so ridiculous that I sup- Addresses 1467 T)Ose I should not dignify it by a denial. I hope every -one here read this McCabe attack. ' ' Let me, however, read a letter from Mr. McGabe, sent to me at Washington last November. This letter xeads as follows : '*' His Excellency William Sulzee, New Willard Hotel, Washington,. D. C: " My dear Governor.— Again permit me to con- :gratula;tfe you as the Moses of the party, and to say that I have not been so much pleased Avith anything since election night as I was with the information that was conveyed to me a day or two ago, that your pur- pose is to put Democrats in where the Republicans are. ' ' You know, I believe the thing which militated most against Mr. Dix was that he had not changed the jjo- litical situation in the State, that under him it re- mained just as it had been under his several Republi- can predecessors, and I believe the people resented this more than anything else. What is needed is some- body who will have the courage' to change the political ■situation; one who will have everyone round him in sympathy with his party, his administration, his ideas and notions of government. " The Democratic party under the present adminis- tration never recovered from two or three prominent Republican appointments made at the outset of it. To make yourself the most talked of man in the United States and the most beloved partisan in this State you have but to emphasize your Democracy on the first of January or as soon thereafter as you can. The Demo- cratic party wants vigorous evidence of its success, and you are the man, in my judgment, to bring it about. We have heads of departments here who have nine 1468 Public Papers of Ctovekn-oe Sulzer hundred' and ninety-nine reasons why a Republican should not be disturbed and the same number of rea- sons why a Democrat camnot be assisted. ' ' Civil service has a tendency to destroy partisan- ship and leave in its place a class of time serving persons. Instead of being dependents of an adminis- tration, they are independents, so far at least as the last two years is concerned. They' seem to come and go when they please and perform as little, work as they possibly can. It is the .greatest breeder of parasites of which I have ever known or heard. . " His pride in iDolitics does not .amount to anything; he is about as characterless as a chalk mark on a fence. One forceful administration by you will prove that the people's party is again in power and destroy for a gen- eration what is left of the Republican partj^ , ' ' Under the conditions which have obtained for the last two years, Republicans have two chances and the Democrats but half a chance. The Republicans have a chance when their party is in and a chance when we are in ; the Democrats had no chance when the Repub- licans were in and have had only half a chance "while we have been in. Now, what is wanted is that the Re- publicans have no chance anywhere under a Democratic administration.. You have an opportunity such as has not been given to any young man in public life in this country. " Mr. Dix thought he could progress by standing still. You have the advantage of knowing what is right because your predecessor was wrong. Your past warrants the democracy in believing in your future. " May I remind you that Andrew Jackson was the first Democrat to reach the presidency, to rise from Addresses 1469 hmmfele surroundings to greatness and he owed his success entirely to his vigorouis partisanship ? So de- cisive and emphatic was he oil questions of party gov- ernment that the blood of the party to-day quickens to the sound of his name; and 1 look to hear, during your administration,' the party cry of 'Another Jack- son has risen. ' " I know that everyone who writes you has a rem- edy and everyone who talks to you is an adviser; but there is one simple rule which leads in this situation to greatness and that is, you manfully maintain the position of being a militant Democrat. " I trust you will overlook perhslps the needlessness of this letter to you. It is not alone interest in you, but interest in the party that prompts me to write you thus. " With best wishes for your good health and un- precedented success in your new undertaking, I remain, " Sincerely yours, " (8d.) PATRICK E. McCABE." » > " This letter from Mr. McOabe speaks for itself, and makes mighty interesting readihg as Horace Greeley used to say, in view of the libelous screed against me this same Mr. McCabe has just caused to be printed? I might ask who paid for the printing? " I was a great man, apparently, in McCabe 's esti- mation, so long as he believed I would recognize him as the boss of the Democratic party in Albany county ; but just so soon as I gave some recognition to Mr. Diigan — a decent inan-— and the Democratic State committeeman from Albany county, Mr. McCabe goes wild, and has his good but erratic fri.end write a libel- ous manifesto about me, replete with statements with- 1470 Public Papees of Goveenor Sulzer out the slightest foundation in fact. The letter and the statement show the difference, however, between now and then. Poor McCabe. He is a cat&Tpaw, and I feel sorry for him. ' ' Perhaps I should say that there is very little truth in the purported statement of Mr. McCabe. Much of the matter is too absurd for me to dignify with a de- nial, especially in view of the fact that another man wrote it. ' ' Who wrote it ? Who gave the writer the informa- tion 1 That is what the people want to know. Let Mc- Cabe tell. He has recently been in several conferences. If he knows let him tell all he knows. They say McCabe is a squealer. " They tell me this whole thing was deliberately planned and executed by crafty enemies of direct pri- maries, in New York City, for the purpose of breaking the force of my special message, on direct nominations, sent to the extraordinary session of the Legislature. ' ' However, I do not think it will deceive any friend of the cause of direct primaries, or disconcert any citi- zen in the State. It certainly will not distract me, or prevent me, from going right ahead with my efforts to write upon the statute books a direct nominations law that will carry out in good faith the prom- ises of the Democratic party. These attacks on me are well understood. They will not hurt me in the end. But whether they do or not I shall go on regardless of political or personal consequences. * ' There is an old saying you know that when a law- yer has a bad case, he should abu^e the other side. Mr. McCabe, it iseems, is in this category. He is so weak as a political leader, in Albany, that just one honest direct primary election would relegate his boss-ship to the political scrap heap. Addresses 1471 " Mr. McCabe knows this, and hence he is fighting against direct primaries to save his political skin. That is all there is to it. McCabe thinks by a,busing me he can defeat direct nominations, but his efforts will be abortive, and his antics are albout as trans- parent and as ludicrous as the ostrich, which sticks its head in the sand and thinks its body cannot be seen. Mr. McCabe 's political head is in the political sand — but we all see the rest of him — and the sight is not alluring. " The adoption of State-wide direct primaries, and the abolition of State conventions, is in no sense an abandonment of the principle of representative gov- ernment, but on the contrary it is a protest against the perversion of representative government. " Under direct primaries the people will govern themselves, throug'h officials, but through officials nom- inated as well as elected by themselves. That is why we want the voters to nominate. Representative gov- ernment is only made actual when the power to nom- inate candidates is taken away from political bosses, and placed in the hands of the voters of the political party. . ' ' That the voters are determined to have no interme- diary between themselves and their public servants has been shown by the adoption of the seventeenth amendment to the Federal Constitution, under which the people have taken from the Legislatures powers previously delegated to them to elect United States Senators. " Our desire to enact a direct primary law is a strug- gle for good government ■^- a fight to restore the gov- ernment to the peaplcj The cause is their cause. In this battle for direct nominations I will lead where any 1472 Public Papers of Goveknoe Stjlzee man will follow, and I will follow where any man will lead. " No government can be free tbatdoes not allow all its citizens to J)articipate in the formation as well as the execution of its laws. Every other government is a mere form of despotism. The political history of the world illustrates the truth that under the forms of Democratic government popular control may be de- stroyed and corrupt influences, through invisible polit- ical power, establish a veritable despotism. " The people have been trusted with this power of direct nominations in many other states, and they have used it to bring about good government and greatly improve political conditions. Let the Empire State put itself in line with the foremost States in the Union, by favoring nominations by the people, for thus only can we secure a government of the people and by the people. ' ' So if any oiie tells you that a direct nominations law is not a good thing, you deny it, and point to what other states have done through rthe agency of this beneficent reform. " Our State-wide direct primary bill is an honest measure. Every friend of good government in the. State is for it. The platform of nearly every, party ia for it. On this issue there is no middle groundw, The Democrats of the State must stand with their Gov- ernor for direct primaries, or they have got to be against the Democratic platform. Let every Democrat decide. All my life I have fought for the right; for the truth; for simple justice, and for humanity. No man can get me to change now. i " No one need fear direct primaries, except a man whose character, and Whose ability, and whose mental- Addresses 1473 Lty cannot bear the searchligM of publicity. No man need fear direct nominations unless lie wantp to be tlie servile creature of invisible government rather than the honest servant of popular government." Remarks of Governor Sulzer at the conclusion of the largely attended meeting of representative citizens, in the Executive Chamber, Albany, N. Y., June 23, 1913, previous to the hearing in the Assembly Cham- ber, on the bill for direct primaries. Governor Sulzer spoke as follows: " My friends, and I say my friends advisedly — be- cause I am finding out more and more every day, who are my friends. " When I became Governor I thought I didn't have an enemy in the State. I know now that I have the most bitter enemies in the State. Nevertheless, I console myself with the reflection that every enemy that I have made in the performance of imy duty since I be- came Governor, is an enemy of the State. " It is gratifying to me to see so many honest and so many representative citizens here this afternoon. I appreciate it from the bottom of my heart, and more than words can tell. ' ' You are to be congratulated for leaving your voca- tions, your varied interests, your homes, and coming Mte to do aU in your power for the cause of direct nom- inations. That is for the general welfare, and there never was a time in my recollection when the general welfare of the greatest commonwealth in the Union was more threatened than it is to-day. I know whereof I speak. M. 47 ]474 Public Papkhs of GoVeknok Sulzer "All TioiTor and all. credit and all eommferidati'On to you gbod people. You are doingia great w^ork fbr the common weali that perhaps! some unthinking people do not just now; appreciate. But as the years eome anld' go the work you are doing will be more and more realized, and more and more appreciated by our fellow citizens. .' ' .You are .doing a, great work. When the future his- torian. comes , to write the aimals of our, time he, will give a large space to . this' work m the history, of our State. , . , .. . , " But more tha|i that, ^yqu aj;e doing a work fgr^good government ; a work for honest government ; a work for civic righteousness; a work for the general welfare; a work for the future greatness of our people and for the supremacy of New. York. You are building for your- selves a monument more enduring than marble or brass. Do not forget that.; Let it be yoUr reward as it must now be your incentive and your consolation, ■i^' Notwithstanding I. have always been an advocate M direct primaries, many of you know thatJl went into this fight reluctantly. Why? (Because I knew the bitter fight it would bb. iMany .who urged me' all winter long to take up this cause for direct primaries — - urged m© here and at the house and on the streets — - are not here to-day. They have, run away. They are now maligning me and with the enemies of the cause. Many who thought I was insincere when I began, know now to the contrary;! No friend of direct primaries doubts me to-day. I am in the figM sto stay, and to the end, come what may. ; ; ■ • : , " However,'! do not want the 'people of the State to have ^heir attention diverted by attacks' on me from the 'main question of direct primaries. We must stick to the bill we have introduced in the extraordinary ses- M:-i\.riv-! floKii: Addresses it'i ,:.!:i > 1475 sion of the Legislature for direct nominations and Hot let the 'bitter and the outrageous and the baseless, and the unfounded, and the slanderous, and the libelous at- tacks which are being hurled at me by the enemies of the reform. Cjiiisl ^Idiisi-i -liyjl) -to •«mu(i)' ;>!i'if}it- , ' ' We must not let our enemies muddj'' the waters ; we must not allow' them to play the act of the cuttlefish; we must not permit them to throw dust in the eye's of the people. Let them come out in the open and meet us on the main issue ^-i-; the question of direct nominal tions. That is the issue. Best assured I shall not be diverted, or distracted by the mud which these un- mitigated scoundrels throw at me. I am a fighter. I know how to fight. '' -ov-fi ^ -^iit'lt'tfifd^ v.:;, .-wr >{ir'' "It is unnecessary for me to say I am more inter- ested in the passage of this direct primary bill than I am in personal controversies that unscrupulous men now raise in order to distract attention while they slaughter this direct primary bill in the Legislature. Do ilot let them dodge the question. They cannot di- vert me..l I am driving them into the open so that all can see. I am holding them responsible. They can- not escape the responsibility,;.' ■ • ^ oh ■ ' «»--■ * ' Let Mr. Murphy abuse me. I care not now. He bfeat the primary bill in the last session of the Legislature. He beat it I declare. ^i I know. '«( ',e.invYti " During the campaign, since the adjournment of the regular session of the Legislature, I have asked Mr. Murphy over and over again one question: Mr. Murphy, don't dodge; don't hide;; come out in jthe open and tell the people whether you are going to beat the 'bill for direct nominations in "the extraordinary session of the Legislature? That is the question. That is what we want to know. 1476 Public Papers op Goveenok Sulzeb ' ' You know and I know tliat Mr. Murphy is the only man in the State who can beat this bill. What a speetacle! Do you realize it? One boss in the great State of New York defying the people ; spurning their petitions ; trampling on their rights ; laughing in their faces ; and like Tweed in his day, brazenly and au- daciously saying: '' What are you going to do about it?" " What a pitiable spectacle ! Isn't it enough to bring the blush of shame to the cheek of every decent icitizen in our commonwealth. " How humiliating it all is. Shall it go forth, from one end of the country to the other that Mr. Murphy doth feed upon something forsooth that he has grown so great that he has more power, that he has more in- fluence than all the other ten millions of people in the State of New York? " What shall the answer be? " No one knows better than I do how I have been threatened during this fight by the enefnies of the cause. They are the enemies of the State. Behind it all there is a sad story which someday when I -have less to do than at present. I shall itell. * ' Fear not, my friends, have courage^ keep the faith. We're going to win. ' ' We are going to win because we are right ; we are going to win because the people are with us; we are going to win because the history of the English speak- ing peoples from the days of Runnymede down to the present time, demonstrates that the people have never lost a battle when they made up their minds to win a fight for progress and for the general welfare. " Fear not, my friends, about these vile and baseless attacks the enemies of the cause are making on me be- •Addeesses : 1477 cause I am leading the Jagbft ,Have no fear about me. I can fight my own battles. Be assured I shall ineet at the proper tirtie, and in the proper wayi all these vicious, all these villainous attacks they are now mak- ing upon me, and with: which I have been threatejied ever since I began the fight. ' " Oul*' enemies demanded that I desist; that I be a proxy Grovernof ■ that 1 become a nlbber-stamp — a tool of conspirators to loot the State and to rob the taxpayers. I refused. They did not know me, but they know me now. " Lqt.u§ go forward with the fight. All will be well with me in the end. When the truth is known it will illustrate anew and accentuate again the stanza of one of A,m^ripa's famous poets:, , , a 'Truth crushed to earth shall rise again. The eternal years of God are hers, But error wounded writhes with pain, And dies among his worshippers.' " Address at the Gettysburg Celebration, July 3, 1913. Mr. Sulzer said : ' ' Gettysiburg is fame 's eternal camping ground — an inspiration and a shrine — sacred to the heroic men, living and dead, whose struggle here hallowed this ground for all the centuries yet to come. "All honor and all glory to the men, from upland and from lowland, who met here to do or die for Country. Their fame is secure. Their memory will endure. 1478 Public Papees of Gof benob Sulzee " Fifty years ago, Great' Captains with their men from North and South -^— the bravest of the brave thai ever faced a foe — struggled here and there across this plain, amid the roar of cannon, ■ for /three long weary (lays,; in the mightiest contest that ever shook our land ; and in that clash of arms it was decided, then and here, that a,ll men must ': ' < The office of Assemblyman is most important, and is great enough for the ambition of any man. In the years gone by we had many great men in the Assembly of our State.''''^- ■ ■' ' '" tB-vt'^ '•••'< :tiUi>: ■>■/£< >/,• ' ' To-day I regret to say that cannot be said concern- 'big the present Assembly. I want to be charitable. You know, and I know, and the people know, that the present Legislature is controlled by influence adverse to the best interests of the people of the State. It is a matter that now challenges the sober- judgment of the people. It is a matter that is now an affront to the intelligence of the citizens, and it is humiliating, not only to me, in my efforts to do right; in my desire to ke6p the faith; and in my determination to do my duty; biit to the due administration of public affairs. .!. '< Another' elefction is approaching — a very import- ant •■defftfti'dn to the taxpayers of New York. We meet 1482 Public Papers oe Gtwebnob Sulzbe here in council to take some, action in order that the next Assembly shall be different from the present As- sembly. In order to make that a living fact it is neces- sary for you to see to it that the : right kind of. men are designated-in each Assembly district for members iof Assembly. • . ' '' What do I mean by that? Simply this : In the pres- ent crisis in the State of New York, where one i man challenges the whole people, and because ; he cannot haye his way, he: says to the people that they shall not have their way. So we say now, that in each of these assembly districts, in the first instance, we shall appeal to that public spirit, and to, ^ that patriotism, which has never failed: to irespond,; when it; was neces- sary to respond, we ask you to aid us so that the ablest and the best men can be designated for members of Assembly, regardless of party afiSliations, shall he, se- lected to carry out the will of the people, and to see to it thati the administration of State affairs is not longer paralyzed. , ',■ .. ,.. ,, "As I have said, rnany great men have been assem,- blymen in New York. We want great men in the As- sembly next year; men who dare to do right; men whp are free and independent, men who believe in truth and dare to maintain it; men who will see to it that the right shall* prevail — ^ regardless of political or personal consequences. • - i" ■,,•.;■<■ ' ' In each assembly-' district there are [woijthy men, eloquent men, brave men, honest men, who will re- spoM to the call; who.' will allow their, names to be used in this struggle for good government, and, wlio will consent to be candidates for Assembly. They will be elected. They will ,conae;hereitte first, of [i^h,^ year, take the oath of office, and be true to lit.i— true to the iy> Hii/, ,ADr>EESsEs 1 ' 1483 general welfare, true/ to the i commonwealth of New York — true to party promises, and true to all that is good and honest and decent in public affairs, (-ifii " 'As the Governor, through you, representing what you do, and hkving it in your power to accomplish re- sults, I now a]f)peal to the intelligent, to the patriotic, and* to the public spirited citizens of New* York to come forward in this campaign and aid us to elect an Assembly that will be beyond the influence of any man, and responsive only to the will of the people.. m;; " My friends, I am carrying a heavy burden.. You know something about it, but you do not know all about it. I am doing so simply because I made up my mind when I took ithe oath of ©ffice that I would be the Gov- ernor in fact as well as in name. Because I made up my mind that no influence should control me wliile I was the Governor, but the dictates of my own con- science, and my determination to do my duty, day in and day out, come what may. For these reasons, and others, I have been hounded, traduced, villified, and threatened as no other man has ever been, who occu- pied this office, in all the history of the State. , , \\f. " However, I have no fear of the ultimate result. I know by experience, by the truths of history, by that intuition which is unerring, that justice will prevail, and that right makes might. " If the honest folk, and the patriotic people of New York will stand up together in this campaign we will win on election day, a victory that will clarify the po- litical atmosphere, and go far for years to come to give the State of New York what the State of New York needs — an honest government, and an efficient gov- ernment, and an economical government — a govern- ment in the interests not of the few but for the benefit of all. 1484 Public Papers of GoVeknoe Sulzer " I could say mucli that liwill at present refrain from saying. Let us trust that in the wisdom of your counsel much good will come. ¥ou can count on me in the future as in the past to go forward in the work of reform. I shall count on you to aid me. Let us all work together for the good of the Statel, and certainly that should "be the highest ambition in the estimation of every good citizen. At the closing of the conference the Governor made the following remarks : ■<■■■ ■ " My friends, the adoption of these resolutions is gratifying to me. I shall continue! the- fight for good government. I shall go onw:ani 'with hope, and for- ward without fear. God helping me, I cannot do other- wise. " I ani much obliged to you. I appreciate more ^ than words can tell your presence here, and all that ybu have said, and all that you have done. In the name of the people of our State, iii the. name of all that the Empire State means and signifies, I, as the Governor, elected by the people to be the Governor, thank you one and all from the bottom of my heart. " . APPENDIX LETTER FROM COLONEL THEODORE ROOSEVELT TO. ^GOVERNOR WILLIAM ,SULZER, DATED SEPTEMBER 2, 1913, , (This letter was, given out from the Executive Chamber in Albany, and published.) THE ANSWER OF GOVERNOR WILLIAM SULZER, DATED SEPTEMBER 9, 1913, TO THE LETTER OF COLONEL THEODORE ROOSfiVELT, OF SEP= TEMBER 2, 1913. (This letter was seiit to Col; Theodore Roosevelt, who desired . to. give (it out, but on .the advice of the Governor's counsel .it w;as deemed, inadvisable. This letter has, never before been published.) THE; OUTLOOK, 287 FouiOTH Ave(nub,.New Yokk. '■ Office op Theodore Roosevelt, September, 2, 1913. My Dear Governor Sulzer:'-— Upoii mj return, from Arizona I have receiypd your two letters, i thank you for them'. I believe I thor- oughly understancl the assault that is now being rilacle upon you. I liave yet to nieet a single jjjerson who be- lifeves, breven pretends to believe, tliat'a. single honest motive has aniifiated the proceedings of your ajitag- onists. From itfr.'Murpliy himself to' the Legislators who ojjey his directions,' there is rio'jp,ossible question that all of your a'ssailaiits are the' en'etnjes ot the public, and that their aim i's to acquire the evil domination of the State Government, and that the conspiracy against you has not one saving impulse behind it that caii'in [148Y] 1488 Public Papeks of Goveknok Sulzek the remotest degree be ascribed to patriotism or civic spirit or anything save the basest imptdse of crooked politics. We have never seen a more startling example of the power of -the' invisible government under the present system. The extraordinary thing is that the " conservative " upholders of this present system should have witnessed the decrees of the invisible- gov- ernment carrieji: out within twenty-four hours, and nevertheless (i^iiounce as , revolutionary our proposal for changes in the , form of government whereby the deliberate judgment of the majority of the voters may be executed within a space of time no shorter: than that required for the execution of their deliberate judgment in the choice of a Pl'esident of the United States. Let me add one thing, my dear Governor. You owe it to yourself and to all those who have supported you to take the earliest opportunity to answer the charges made against you. That the purposes of those bring- ing the charges are wholly eVil I am sure that all honest men feel. Moreover, I am sure that honest men feel that the assault made upon you by your foes is due to your having stood up for the principles of good govern- ment and decent citizenship even when it was, necessary to defy the will of the bosses of ijie two parties, and especially of your own, and to stand in the way of the success of the corrupt schemes of the party raachines' managers. But there is also among honest men a (Jesire for a full and str^ghtforward explanation and answer in reference to the charges made against you, and I very earnestly hope tbat as soon as possible the explanation and answer will be made. With all good wishes ^iid regards to Mrs. Sulzer, , Sincerely yours, Theodore Roosevelt. To the Hon. Wjilliam Sulzbb, (governor. Appendix 1489 EXECUTIVE CHAMBEE, ' Albant, N. Y. September 9, 191S: Gql. Theodore Eoosevel,t, New, York City.\. My Dear Colonel:^ In your letter of the second instant, in wMeh you were good enougli to express sympathy for me against the attacks on me by Mr. Murphy and his agents -rr the real enemies, as you say, of the public — you told me that I owed it to myself, and to those who have supported me, to take the earliest opportunity to answer the charges. •■ You urged .that iwhile all honest men feel that the assaults upon me by Mri Murphy are due to my having stood up for the principles of honest government and decent oitdzenship, yet there is. among honest men a desire for a straightforward ,explana,tion of the charges made against me ; and you earnestly hope, you say, that as. soon as possible the explanation willbe made. You are, quite right, Colonel. My impulse from the first was to make a reply in detail to the charges of Mr. Murphy and his agents. That I have not done as you, and some of my other friends, advise is because my counsel exacted a promise from me. to make no statement of my defense beyond the emphatic denial of all the charges, which I issued on August 11th last. This pledge I made, and have thus far kept. If I can now be ireleased from this obligation of silence, in the belief, which I share with you, that I ought to take the people of the State into my confidence about the essentials of my defense, then I ask you to make- such, use of this letter as you deem wise. By do- ing this , I may forfeit some; tactical , advantage in the trial, of the ease; but that consideration must yield to 1490 Public Papebs of Gtoveenoe Sulzer my earnest desire to givte you, and the people, a full and complete explanation. Be^i4es the , purpose of my enemies, as I am in- formed, to prolong the impeachment trial until after election resolves me to tell the main facts with which the people are concerned,- keeping' bads nothing that they have a right to know. Before saying anything else I want to tell you this — and I cannot find words to say it with force enough— - and that is, that I #ant all the truth known regarding every act of which 1 stand charged by Mr. Murphy, aiid the agents, of his corrupt political system^ who have brought me before the Court of Impeachment not for wrongs done' by me, but for wrongs I refused t6 do at Mr. Murphy 's dictation. As many know,' I am on trial not for what I did be- fore I took my oath as Governor, but for what I did, or refused to do, since I went into that office. ■ I am to be removed from office, if Mr. Murphy can succeed, because I refused to violate my official oath and carry out the " orders " of Mr. Murphy. That is the gist of the matter, and the truth about this trial to take away my officii If I had served Mr. Murphy instead of serving the State; if I had obeyed Mr. MuTphy instead of the dic- tates of my conscience, Mr. Murphy never would have instituted this impeachment. ' Nominally I am accused of having made a false state- ment of moneys; received in my eamtpaign for the Gov- ernorship; and diverting some of these moneys to pri- vate use. As to the first of these' charges, I want to say that upon my return from the Syracuse convention some of my friends formed a campaign committee to look after the personal details of my political affairs. I was so Appendix 1491 busy with matters of greater moment at the time,.a-iid, furthermore, I was away from New York City so much, that I could not give personal attention to the corre- spondence, or to the thousand and one details, incident to an exciting State campaign.! nt ■> Former Grovernor A. E. Spriggs, of Montana, now a resident of New York city, was made chairman, and Louis A. Sarecky was the treasurer of, that oampai^ committee. UponI this committee, devolved much of the detail work. I turned over to this committee, or to Mr. Murphy and his agents, the contributions for cam- paign purposes, and they looked after the disbursing of the same. I was very busy and gave these matter? little heed. fl ^W .-ri/ After election the usual formal statement, on t a printed blank, was miailed to the office, to be filled in and filed with the Secretary of State in accordance with the law. Then it was discovered that, through some over- sight, the committee had failed to file a notice of its formation with the Secretary of State. The ques- tion was consequently raised whether, in view of such omission, the; filing of the statement by the committee would be construed as a sufficient compliance with law. In order to avoid legal complications, 1 was advised that inasmuch as the law would be complied with if T filed the statement, that I should sign: it. The state- ment was prepared by Mr. Sarecky and others. I asked if it were correct ; and being told that it was as accurate as it could be made, withiout reading it, or going into an examination of the items, I signed it. No doubt I was careless in doing so. Looking back now I realize that I should: have gone over the statement carefully. But I did not do that. If I made a mistake, it was due to haste and carelessness. Certainly it was not done willfully, or with* intent to deceive. ,^, oi; .. '/'h>i>. fu'ii odi .ti! iiro 1492 Public Papers of Governor Sulzer But this is not the only explanation of the failurei to itemize certain mdneys which were reoeiied in the cam- paign. Some of the moneys were not for campaign purposes at all, but were loans. They Avere given to me by friends who knew I was heavily in debt, and who loaned me the money to pay my debts or to use as I saw fit. These friends wanted nothing, and in ease of my election I knew there was nothing they would ask me to do, or that I could do for them. ■' Politics had nothing to do with the matter. '• All the moneys given to me, or sent to me for the campaign, were turned over to the committee; to which reference has been made, or were -subsequently given to Mr. Murphy. Whether the latter turned these moneys over to: the State Committee or not I cannot say, but an investigation of the report filed by that committee negatives the assumption. ■ - - ■ Let me be frank and say to you that: the Frawley Committee, acting, no doubt, under instructions from Mr. Murphy, deliberately declined to disclose, in its in- vestigations, certain moneys given to me during the campaign which I promptly turned over to Mr. Miir- phy. Is it fair to assume the latter did not want this known to the public? However, I want it all to come out. When I became a candidate for Governor I was much in debt — through no fault of my extravagance — for I have always lived moderately, but because for several years I had been borrowing money to invest in mining enterprises which had been presented, to me by friends in the tnost glowing terms, but which, unfortunately, have not turned out so well as we anticipated. After I was nominated I wanted to pay off some of these debts, and I borrowed from friends large sums of money to do so. The truth of these matters will come out at the trial. Appendix 1493 In regard to the assertion that I gambled in Wall Street with money intended for my campaign, I want to say the assertion is false. It is false because my accusers do not differentiate between moneys contrib- uted for political purposes ajid moneys which were loaned to me for my own use, unconditionally, by per- sonal friends. When the: difference is clearly under- stood, those who have been puzzled by the framed-up case, and perverted charges, of Mr. Murphy will see that there were moneys: loaned to me that I had the right to use for any legitimate purpose I saw fit. There was nothing wrong in the purchase of the few hundred shares of stock about which. so much fuss has been made. 1 1 assume all responsibility. There is noth- ing to hide. No stock, as. alleged, was bought on mar- gin. No campaign f undsi, as such, were used, save the few checks to which reference is made in the report of the Frawley Committee, the amounts of which were subsequently ipaid 1 over by me to Mr. Sarecky, or to John H. Delaney, or to Charles F. Murphy. This stock matter was an investment, and an open and above-board transaction. If secrecy had been de- sired— and certainly it would have been resorted. to if there was anything wrong — is it reasonable to suppose that checks ' bearing my name would have been used! The transaction was shrouded in no secrecy. / If dis- honesty were intended, the tracks would have been cov- ered better than that. Just a few words relative to the account with Harris & Fuller: That was a loan account, having its incep- tion years ago. The money that firm ireeeived wa s paid to reduce the loan by money I borrowed, and the cam- paign had no more to do with it than the man in the moon. Thei men from whom I borrowed the moneys will testify to the facts. 1494 Public Papers op Goteknoe Sulzek The stock pledged with Harris & Fuller did not ibe- long to me. I borrowed the stock and placed it with that firm as collateral for loans tc help mining enter- prises in which I had been induced to' invest. These loans from Harris & Fuller were made, as the account shows, long before I became a candidate for Crovernor. Testimony will be offered about these matters to prove the truth of these assertions. The fact is, I was more in debt after the election than I was before I became a candidate for Governor. Th^ reason" I borrowed the moneys to which reference has been made was to pay Harris ■&' Fuller — to whom T owed for loans a large sum of money — caheel this obligation, and return to the rightful owner the stock I had pledged to secure the loans. The reasoii I did not do as I intended was because of information that the stock, about which so much noise has been made, was soon to pay dividends ; going up to' par ;■ and the profit that could quifekly be made, in a legitiinate transaction, would go far to aid in redncin'g my 'debts. - However, I do not wish to tire you with ■ a more Tde- tailed narrative of each circtma stance connected with these stock matters, which have been so willfully mis- represented, so viciously exaggerated, and so ve- hemently denounced by my enemies. When the truth is known it will appear that they were honest, above- board, and straight in every particular. In the main, Colonel, I have given you the salient points. If there is anything you are in doubt aboiit, I hope ydu will question me. As a friend you have the right to ask, and I shall tell you the truth. '.Be sure that I have no fear, and will promptly answer all your ques- tions. I pledge myself! to meet any inquiry that may suggest itself to your mind. I have •notiiing*'to dread but the suppression of the truth or the deliberate dis- tortion of the facts. Appendix 1495 If I had wished to make! money out of my campaign, I could readily have done -so by various hooks and crooks permitted under the law. My information is that Mr. Murphy, and his agents, collected a great deal of money for my campaign, and that they did not speind anything like the sum they received. If I had wished to do so,I could have had upward of $100,000 in moneys which were offered to me, and which I refused to accept, Let me tell you that large isums of money -vVerfe of- fered to me during the campaign, which I refused be- cause I believed there was indirectly an implied obliga- tion to give 'Some return, if I became Governor, in the way of appointments, legislation, or immunity from law. J I refused to take money from contractors or corporations. Some of the moneys that I rejected were subsequently accepted by Mr. Murphy, and never ac- counted for. I "iifi i»i) < -uKK fi')il w hidl iijo" So far as I am concerned, I welcome an impartial investigation of all moneys received and expended by me, by Mr. Murphy, -and the Democratic State Com mittee in the last campaign. I am willing to tell what I know, and 1 know a few things that will make might j'' interesting reading, iv j 'i^ni'tm (jn .n Just an incident here will give you an idea of what I mean : Between' the holidays last yeiar I met Mr. Murphy, by agreement, at Delmonico 's. We were alone in his private room. Mr. Murphy wanted to be con- fidfential.- iHe said' he desired to be. my friend; that he knew about my financial condition; that he wanted to help me out. He offered me money to pay my debts, and enough besides to take things easy whfen I got to Albany. He said itJ was really a party matter; that I had been a popular candidate; easily elected, and for less money than any other candidate in his recollection. He said nobody would know anything about it; that T 1496 Public Papers o¥ Oo^steenoe Sulzee should pay what I owed, and go to Albany feeling Q&sj financially. Mr. Murphy's offer did not appeal to my judgment of right: and wrong. I told him I was paying off my debts gradually ; that my creditors were friends ; that they would not press me ; that I was economical ; ta,nd that I had no doubt 1 would be able to get along. He pressed me to accept the offer, and said it was for the good of the party; that thei'' organization " did not want me to be hampered financially; and thathe would allow me, in addition to my salary, $1,000 a mbiith for living expenses. He said the salary of Grovernor was not enough to pay his expenses; that the' '•' organiza- tion ' ' did not want me to run into debt^ or to want for anything, while I was Governor. Of course, I rejected Mr. Murphy's proposition, and told him that when I became Governor I would be able to get along on thfe salary; that I did niot want to be under obligations to any one ; and that I had no doubt I could manage matters. Mr. Murphy finally said: "if you need money at any time, let me kno^vir, and you can have what you want. I cleaned up a lot of money in your campaign. I can afford to let you have what you want.'' Yes, Colonel Eoosevelt, this Mr. Murphy Who made this proposition to me is the same Mr. Murphy j who ordered his Assembly to impeach me, and now brings me to trial because he says my eaimpaign statement is inaccurate. You can readily guess that lit Was not so much the things I did^ior omitted to do,, while a candif- date foir Governor, as the things I did, or refused to do, since my inauguration, thati have shiooked Mr. Murphy 's financial sensibilities. The taxpayers should know that when Mr. Murphy found out that I was de- termined to protect their pockets f ronl the grafters. Appendix 1497 Mr. Muuphy^ and his tools, decided to get rid of nie by throwing me out of office. : Let me briefly refer to a few faots to support my assertion as to the motives bdhind this attempt to re- move me from the Governorship. Early! in September, 1912^ I met Mr. Murphy by ap- pointment in Delmonico's. We discussted the approach- ing Democratic State Convention. He told me that Mr. Dix had made a pretty good ' ' organization ' ' Qox- ernor ; that he had done practically everything Murphy wanted done; and that Dix should be renominated. I said that if Mr. Dix were renominated I would do what I could to heilp re-elect him. Mr. Murphy asked me if I thought Dix could win again. L replied that he ought to know; that be should be familiar with political conditions in the State : and that he was the best judge of that. Mr. Murphy asked me if I intended to be a candidate for the nomination for Governor. I told him that if Governor Dix is to be renominated I would go back to Congress. Nevertheless, I said, I had received hun- dreds of letters from Democrats throughout the State, urging me to be a candidate and pledging me support. I told him I was going to the State Convention ; thyt if Dix was not to be renominatedy I would get in the race. I made Mr. Murphy unders-tand that I was opposed to having a dark horse nomiijated at the last minute ; that if Dix was out, I -jvould make a fight for an open Con-, vention ; a fair field, and no favor. I saidthe rank and file of Democratic voters were tired of eleventh-hour candidates selected by him in the back room of the hotel. I went to the Syracuse Convention. I got there a day or two ajiead of the meeting. I, stopped at the Onon- daga. Hotel, and organized the fight when I found out 1498 Public Papers op Gtoveekob Sulzeb that Governor Dix was to be shelved. My nominatioil came to me as a result of this fight,' and is now history. I made no pronnse to anyone, and 1 the nomination cost me nothing but railroad fares and hotel bills;''' While at Syracuse I didiuot meet Mr. Murphy. After my nomination I returned to New York, So far as my campaign went I had to leave many of the details to others. . i - , • , ■ , The campaign, as you know, was a short one. I had but one conference with the Democratic leaders. It was at; Delmonico^s. Mr. Murphy presided. Ways and means,' and the conduct of the campaign, were discussed. I immediately began hard campaign work, and was away from Mew York city most of the time on stumping tours. They say I made more speeches, in the time between my nomination and election, and spoke to more people, than any candidate for Gfov- ernor in the history of the State. After election I went to Monticello for a week's rest, and thence to Washington to telean up my work as Chairman of the House Committee on Foreign Affairs. Before I went to Washington, and when I came back to New York city, and before going to Albany, I met Mr. Murphy by appointment several times. = Mr. Murphy did not attend my inauguration. I did not see him after I left New York city to be sworn in until he came to Albany to attend the meeting of the Democratic presidential electors. When he tvas here for the electors' meeting I saw him fdr a moment in the executive chamber ; then at the luncheon at the exec- utive mansion/ Subsequently he wanted 'me to come to the hotel to confer with him. I wanted him to meet me in the executive chamber or to come to the execu- tive mansion. He refused to do this, and I declined to go to. the hotel. I' wanted to do things in tbe open. He wanted to meet in secret. t!ox* Appendix 1499 The next time I saw Mr. Murphy was at the house of Judge McOall, in New York cityi It was on Satur- day night, about the first of February. Judge McGall was present some of the time. I Was anxious to nomi- nate the best man I could find for Chairman of the Public Service Gdmmi&sion; '*I urged the nomination of several worthy men. ''In/, lo .'il! uuiji ifl 'M Mt". Murphy insisted that I appoint Ms friend, John Galvin. I declined to do it. i^He refused to consent to the appointmeiit of any one of i the several men I sug- gested, and said that if I sent to the' Senate the name of any man not satisfactory to him, he would defeat the) nomination — that he controlled the Legislature, and demanded the patronage of the State. 'lO 'n At this meeting, and others, Mr. Murphy insisted on certain; pledges regarding legislation, and especially boncerning! appointments to the Public Service Com- mission; the'^Health Department; the Labor Depart- ment; the State Hospital Commission; the Depattmenit of State Prisons, and the Department of ^ Highways. I declined to make pledges. <>') 'iff Mr. Murphy' insisted that I appoint George M. Palmer, for chairman, and Patrick E. McCabe, for member, of the Public Service Commission of the Second District; "The" McManus for Labor Com- missioner; John H. Delaney for Commissioner of Efficiency and Economy; Dr. Biggs for Health Com- missioner; a man named Meyers for State Architect; a man in Brooklyn for. State Hospital Commissioner, and James E. Gaffney for Highway Commissioner, in case I wanted to isupplant Reel. He said at first that Reel ought to be kept ; that he was a good man ; but that if I wanted a new Commissioner of Highways, " Jim " Gaffney was the. best all-around man in the State for the job. When he found out I would not 1500 Public Papeks of iGro*^ERNOE Sulzer keep Reel, he demanded the appointment of Gaffney, and finally issued the ultimatum — ' ' Gaffney or war. ' ' He was much opposed to Mr. Gibbs^ of, Rochester, for State Hospital Commissioner, and said he would not be confirmed ; and was also opposed to Judge Riley for Superintendent of Prisons; and especially to Mr. Rattigan for warden of Auburn Prison. He told me that he was entitled to control the patronage of the State ; demanded thatJ surrender to him the appoint- ing power of the Executive, and allow him to name the candidates for public office. At some of the conversations I had with Mr. Murphy I told him that I was the Governor ; that the people elected me to be Governor; that I intended to be Gov- ernor ; that I was not going to be a " proxy " Governor or a " rubber stamp " for him or any other man. He laughed at me and rebuked me for this, and said that I might be the Governor, but h^ ! controlled the Legislature ; that unless I did wh^t he wanted me to do regarding legislation, State policies and. appointments, I could not get my nominations confirmed; and that he would block: everything I wanted -to do regarding legislative reforms with the forces he controlled in the Legislature. It was disheartening and discouraging rr^ but I tried: to be patient, get albng, . and do my best for the sake of peace and the good of the general welfare of the State, i I saw Mr. Murphy in New York city on February 28th, when I went to New York city to attend the Allied Real Estate Men's Dinner at the Waldbrf; again on March 1st, at the Amen Corner Dinner; again in Washington at the Shoreham Hotel, the night after the inauguration; again in New York eity on Mareih 18th. The last talk I had with Mr. Murphy was on the night of April 12th and 13th. ApSpendix 1501 From the beginning of January to April 13tli there was hardly a day, however, that Mr. Murphy did not send a messenger to see me with peremptory demands to do this or to do that. Some requests were reason- able, and I did tkem; and. some were so lUnreasondlile, and so much against the public welfare, that I refused to do them. By April 13th our relations were badly strained. I could not comply with the demands of Mr. Murphy, and I realized that we had come to : the part- ing of the ways. = No doubt Mr. Murphy knew before this, as well as 1 did, thatiit would be impossible for us to get along. My views were very different from his views. I was determined to be the. Governor; to be honest and inde- pendent; to do my duty to all the people according .to what I believed to be right, and to carry out, as far as possible, the platform pledges on which I was elected. I also wanted to treat all the Democratic county organizations squarely whether these county organiza- tions were controlled by Mr. Murphy or otherwise. When Mr. Murphy found out that he could not use me and control me, he sent emissaries to See me fre- quently, to demand that I do certain: things, and to threaten me if I refused. These threats began in a small way in February, and continued with greater vehemence up to the very night the Assembly passed the resolution of impeachment. in^;.' From the hour that I took my oath of office, down to the present time, I never had any doubt as to what I should do. All I wanted to be was honest; to do my duty for duty's sake; and to make a clean record as Governor. I told Mr. Murphy several timies that I could succeed if he would leave me alone, but that I could not succeed if I was to be a cat's paw for him, andi do what he wanted me to do. 1502 Public Papers of Goveenoe Sulzee Mr. Murphy told me that he had' it in his power to wreck my administration ; to throw me out of office ; and that if I did not stand by the " organization " and do what he requested, he would throw me out. He said he could pass a resolution to impeach me ; that he had the votes in the Assembly; and that he had abso- lute control of both branches of the Legislature. At first I did not take these threats seriously. I could not belieye Mr. Murphy meant what. he said. Through Mr. Murphy, and the people'he sent to see me, everything which has been brought out by the Frawley Committee, including the " Vermont fabri- eatioia;" and the "breach of promise frame-up "in Philadelphia, were used to frighten me and to coerce me. Besides, I was threatened with removal from office, and' with< personal disgrace, unless I did what Mr. Murphy ^wanted me to do. My efforts for truly progressive government were blocked by the refusal of the Murphy Legislature to let me installin office men capable and willing to work out progress. Some of my plans were thwarted by the trelachery of men I trusted, who took" orders " from Mri Murphy When L refused to take these " orders." Some ■ other reforms I had undertaken, like: the ad- vancement of conservation along the lines advocated by you while you were President, and like the effective regulation of railroads through the Public Service Commission, were never brought und>er way because Mr. Murphy planted his Legislature squarely across my path. I was blocked at eveiy turn. Perhaps you will agree with me that the chief serv- ice done for the State by its present Governor was the exposure of the monumental frauds in the Highways and on the Canals. Some of the criminals exposed are on their way to prison, and much of the vast plunder Appendix tiA^J ■■ 1503 they made off with should be recovered by the State. But not one-tenth of that story of graft has yet been told. ' Hij: -ih The reason why the revelations are only a fraction of the- full sum is that Mr. Murphy, when he saw I meant to bring the thieves to justice, caused his Legis- lature to cut off every dollar of appropriations which could have been devoted to the apprehension of the criminals. Nearly all that has been done was achieved with funds furnished by Oommissioner Hennessy, and patriotic citizens, from their own resources, and by me out of my own pocket. "fi"^ nv) You, as a careful student of govermnent, and as a former Governor of New York, are no doubt aware of the reforms which J. succeeded in promoting in spite of the ownership of the LegislatuTe by Mr. Murphy. In this connection let me remind you of the reorgani- zation, in the interest of thousands of workers, of the State Department of Labor; of the scientific enlarge- ment of the archaic Department of Health ; of the sav- ing of about $8,000,000 for the taxpayers which had been extravagantly appropriated by Mr. Murphy's Legislature ; of the enactment sof a Full Crew Bill in the interest of safety 'in railroad opieration; of the laws to compel honesty in biasiness transactions on the New York Stock Exchange; of the working out of a scientific good-roads prograni to take the place of the corrupt and chaotic scheme of highway construc- tion; of a business. administration applied to the great canals instead of a plan to promote graft; of the ap- pointment of specialists, and men of practical knowl- edge of their duties, to administier , affairs requiring expert ability; of the elimination of fraud and gross inefficiendy. in the management of State Prisons, where unspeakable vileness and disease have been promoted 1504 Public Papeks oe GtoVeenoe Sulzbb under the complacent administration of a Superintend* ent who took "orders '' from Mr. Murphy. > ' My record thus far, as the Governor, tells it own story.. Grod knows I have done my best, day in and day out, for the State. On the record I rest nay case for my ultimate vindication agaimsit: the vicious assaults on my character by, Mr. Murphy. Some of the interviews with Mr. Murphy are burned in my memory because of his insolence to me and for the sordid brutality of his i demands. I will not weary you with the details of the conversations when he called on me to withdraw the nominations of John Mitchell as Commissioner of Labor and to substitute the name of "The ''McM anus; that I make Gaffney Commissioner of Highways, and that I withdraw the nominations of Mr. Gibbs, fOr State Hospital Com- missioner; Judge Eiley, 'for Superintendent of State Prisons, and call off Blake and Hennessy, who were after the grafters. This and other commands from the Boss : — directly and indirectly ■^— I. firmly refused to carry out. He said John Mitchell was a Eoosevelt man, rand that he would defeatihis confirmation. When I pleaded for an honest Direct Primary Law, he said he would defeat myibill to fulfill the Demo- eriatic party's pledges to the people for Direct Nomi- nations. When I begged for a chance to make good he mocked me. When I toLd him he would wreck the Democratic party, and accomplish his: own political destruction if he persisted -in shielding grafters and violating platform pledges,^ his retort was that I did not know what I was talking about ; that the reformers were running me; that he had been a fool not to de- mand promises from me at Syracuse; that he wouH destroy me if I did not do what he demanded. ■ When I came back to Albany from New York city on April 13th, I carefully considered my plight and the Appendix 1505 whole State situation. I had to choose between sur- rendering to Mr. Murphy and doing what he wanted me to do, or resigning tlie cares and responsibilities of my office, or fighting for what I knew was honest and right. It did not take me long to determine not to surrender. I could not do that and maintain my future self-respect. However, I thought long and seriously about resign- ing the 6fifice — in fact, I wrote out and signed my resignation — but finally concluded not to resign^ be- cause it would be cowardly and in violation of my pledges to the people. Then I concluded to fight, and to fight hard, a;nd I have been fighting ever since, all of which is pretty well known to some of the people — to my friends and enemies — and I know I have the most bitter enemies in the State. Every agency these enemies could use to destroy me has been used. It is a long, sad story, and I shall tell it all when I get a chance to do so. Many people believe that the troubles between Mr. Murphy and myself have arisen largely from disagree- nien,ts regarding patronage, or appointments and re- movals from office. This is so to some extent. Mam^ people believe that Mr. Murphy and I quarreled on account of legislation which he wanted approved and which I disapproved. This is also true to some extent. However, the reartrouble arose when I discovered, through agencies which I set at work, the ]tremendous frauds and overwhelhaing corruption existing in vari- ous departments of the State government, by which a few politicians and contractors were robbing the tax- payers of millions and millions of dollars every year. When I discovered these frauds, and had the over- whelming proof of them submitted to me, I determined, as a matter of duty, to set in motion the machinery of justice, to bring the grafters to an accounting. 48 1506 Public Papers of Governor Sulzer Tliis, and my fight for Direct Primaries, severed all relations between Mr. Murphy and myself, and marked me for political slaughter. It was a matter of self preservation for Mr. Murphy and his grafting lieutenants. On Sunday, the 18th day of May, the New York World published an interview with me regarding my fight for direct primaries. Mr. Murphy read this and accepted it as the final declaration of war. " He sum- moned a few of his lieutenants to meet him at Delmon- ioo's. The names of some of these men are known. This conference lasted practically all night, and it was finally agreed that they had to " get me," and that T must be removed from office for their safety and security and salvation. As one of the men present put it: "If we don't throw him out, he will throw us in." As another tersely expressed it: " If we don't get him, he \\\\\ get us; it is his life or ours." After this Delmonico conspiracy there were subse- quent meetings of these men, and others, who were working night and day to get something against me to discredit me in the eyes of the people, or sufficient to prefer charges against me in the Assembly and thus remove me from office. Every agency known to astute political conspirators was set in motion. My life was raked from the time I was born down to the present day by detectives, in- vestigators, and various sleuths, with the object of finding out something that would injure me. Crim- inals and perjurers were utilized to defame me. I was hampered in my official duties, obstructed in the public work, and privately hounded, vilified, denounced and threatened. Appendix 1507 The first thing the conspirators did in the plot to poison the public mind against me was to put out that ' ' Vermont lie. ' ' I promptly told the truth about the matter, and it fell flat. The document given to the newspapers by George M. Curtis was a forgery, and I have the proof to demonstrate it. Then came the Philadelphia "breach of promise frame-up." That also fell flat when I told the truth about it. In the meantime, the Frawley Committee got en- larged powers, by the Thompson resolution, and was set diligently to work with the aid of paid spies, in- formers, traitors, detectives and investigators to go into my personal affairs, my family matters, and the details concerning my campaign for the Governorship. Some of these things are pretty well known to the public, but there is much to be told about them which I hope will come out during the trial — and I want all the facts to come out. Long ago, as I have said, I wanted to make a com- plete answer to the vicious and baseless charges of tho Frawley Committee; tell everything I know; but I was advised against it. Many friends like you have coun- seled me to tell the whole story plainly, and bluntly, and honestly, and trust the people and take them into my confidence. I have always been anxious to tell the truth and hide nothing, and would have done so only my counsel cautioned me against making any state- ment, or giving out any interview, concerning any mat- ter in connection with the case, save the statement T gave out on the 11th of August. Naturally, I felt bound to follow this advice, and hence have remained silent while everything has been said and done by my enemies to injure me, to blacken my character, to dis- credit me, and to disgrace me in the estimation of my fellow citizens. 1508 Public Papees of ■Govebnok Sulzek No one can conceive how I have suffered from these false and contemptible attacks, aad how I have: chafed under the restraint. But I have adhered to the advice of my counsel, no twithstandiag the abuse which has been heaped upon me, and the lies which have been told about me, simply because I was determined to do right and would not be a pai^y to the Murphy system of looting the State. Colonel Roosevelt, my conscience is clear ; I havo done no wrong; the truth will sooner or later prevail; the taxpayers some day will know that because I would not be Murphy's marionette and his proxy Governor; that because I would not shut my eyes to the tremen- dous frauds on the liighways and in the canals ; that because I would not even wink at them; that because I began to expose them — that then Mr. Murphy and the men who have waxed fat within recent years, by reason of this stupendous graft, made up theiT minds to get me out of the office the people gave me on election day. Let me hope tliat I have told you enough in this letter — already too long-^-to justify your conclusion, as written in your encouraging letter to me, that the at- tempt of Mr. Murphy to destroy me is because I am an obstacle in the way of the " Boss " and a menace in office to the enemies of the public. It follows that Mr. Murphy has put me on trial not for anytliing I did before I became Governor, but for what I refused to do for Mr. Murphy, and for what I tried to do for the State, after I took my oath of office. The fate to which I have been 517 Industrial Board (Department of Labor), associate mem- bers 515, 550 Kings Park State Hospital, manager. . . . ., 517 Labor, Commissioner . . : 5I4 Letchworth Village, managers 519 Long Island State Hospital, managers 517 Madison county, coroner 507 county judge, and surrogate ,. ., .524 [ Manhattan State Hospital, managers. ,.,. 516 Middletown State Homeopathic Hospital, manager 5 16 Military secretary , . 50I Military staff .„,[,., 501 Moliansic State Hospital, managers 517 Monroe county, purchasing agent ,, 506 Monument to the 25th New.Yoi-li Volunteer Cavalry, memters of commission ........:., 556 Mothers pensions, Commission to inquii'c into, subject of.. .. .5i>4 Motor Vehicle LegisUition, Xew York Cpmmisg'ion, members. 567 New York Agricultural Experiment Sitatioji, trustees 503 New York Gils', .justice of the city court .- 524 New York Monuments Commission, members, . .,, 506 New York State Hospital for the Care of Crippled and De- formed Children, manager 523 New York State Hospital for the Treatment of Incipient Pul- monary Tuberculosis, trustee ....,; 521 New York State Nautical School, menLbers of Board, qf Governors .356 New York State Reformatory for Women, managers 520 New York State School of Agriculture on iLopg, Island, trus- tees ;.,.... ,.,...,.. .504, 558 New York .State School for the Blind, trjiatees., , 524 New York State Soldiers and Sailors' Home, trustecis. , . . .520,, ■ 553 New York State Training Scliool for Boys, manager , 521 New York State Training School for Girls, managei-s 521 New York State Women's Belief Corps HonxCi, manager 523 Newtown Battlefield Reservation Commissioners ,.. 513 Oneida county, coroner 559 Onondaga Indians, agents 1 .il2 Palisades Interstate Park Commissioners , 512 Perry's Victory Centennial Commission, members 503, 553 Plattsburgh Centenary Commission, members a.io Index 1517 Appointments — Continued: ■■ page Port of Xew York, Port Wardens 511, 514 Prison Reform Commission : 970 Prisons, New, members of Commission on .' . . 554 Prisons, State, Superintendent ; . . . : 511 Probation Commission, member ;..... 558 Public Health Council, members. . . . ;' 557 Public Service Commission, First District, Commissioner. ... 511 Public Service Commission, Second District, Commissioner. . . 511 Public Works, Superintendent : 509 Rochester State Hospital, manager . .' 518 Rome State Custodial Asylum, managers . ; 521 St. Lawrence State Hospital, manager : 51(i -Schenectady county, sheriff- 508 Schoharie State School of Agriculture, trustee. . .- 5.18 Schuyler GOunty, coroner .-'. . . ' 508 Schuyler Mansion, trustees 504 Session laws and statutes of the State, Commissioner to pre- pare index- to .......... '. 554 State Agricultural and Industrial School, managers '518 State Custodial Asylum for Feeble-Minded Women, managers. 523 State Departments, Commissioner to investigate 992 State Fair Commission, Commissioner. . . . : ;'. . 514 State Hos.pital Comraiseionera .,..:.....' 508 State hospitals, managers '. U'>i) 515 State Industrial Farm College, manager'.'?'. : . ; 520 State Reformatory for Misdemeanants j manager; j !•;.... j."j . 519 Suffolk, county, sheriff . ,...■..: . . . .1 .: . . .■'.<'.:(. . 508 Sullivan county, coroner .' . . . ....!■.•'... i-'i f.'. ..' I'; /. . 559 Supreme Court justices '. ! .- 525 Supreme Court Libraries, trustees. 504, 505, 558 Syracuse State Institution for Feeble-Minded Children, man- ager : ; 518 Syracuse University, State College of Forestry, trustees. 5 15, 549 'Tax Commissioner 510 Tax Law Revision Commission, membea-a. 'W«! .He. . . . 557 TTiomas Indian School, managers '. .'.':'. .■. . . 522 Tilden, Samuel- J.,. Memorial Commision, members ' 507 Utica State Hospital,' manager ;..... . . 51fi ^Ventilating System in Public. Schools, Commission '.Jv-'il-n 905 Washington-'s Headquarters, trustees jitni Av 513 Watkins Glen Reservation Commission, member Misrv 550 Western' House of Refuge for Women, manager . . '. .,..-- '518 'Willard Sta-te Hospital, manager 516 Apportionment, veto of bill providing for prompt review of 352 Appropriation bill, emergency meseajges 490, 498 ■items vetoed ' 361, 3ft2 Statement concerning •. . : < .: 358 Appropriation bills, preparation by State Board of Estimate, bill recommending . : .. j. . ; 656, 770 Appropriations, form of act should be changed, to show titles of positions . . .-.• ; ; ■ 658 recommendations of. Committee of. Inquiry 657, 686 Appropriations for 1913, statement by Governor regarding 356 schedule of, recommended, by Committee of Inquiry 678 Approved bills, memoranda filed with: • . ■ actions to recover damages for causing, death 428 1518 IXDEX Approved bills, memoranda filed with — Continued : page Agricultural law, bills amending: adulterated milk 460 almshouse farms 462 cheese, branding 463 Commissioner of Agriculture 455 farm products, sale on commission 461 Albany, bill to abate smoke nuisance in 481 Banking law, bill amending 416 Bennington battlefield, preservation of 474 Business Corporation law, bill amending 464 Canandaigua, bill incorporating 457 City law, bill amending 429 Civil rights law, bill amending 433 Comptroller, approval of contraots 450 Education law, bills amending 442, 477 Efiieiency and Economy, creating Department 435 Election law, bill amending ., 482 Ellicott creek, deepening channel and repairs of bridges 469 Estimate, State Board, establishment 435 Finance law, bill amending 450 Forestry, State College at Syracuse •. . . 470 Judiciary law, bill amending 452 Labor law, bills amending 439, 448 Long Sault Development Company, repeal of charter 459 Membership Corporations law, bill amending, relating to cemetery corporations • 421 New York charter, bill amending 438 New York State Nautical School, maintenance and govern- ment 444 Oneida county, jails and prisons, maintenance 441 sheriff 441 Palmer, Caroline, disposition of real property 418 Penal law, bills amending: cocaine or eucaine, sale or possession of 465 Labor law, violation of 4&3 Sunday traffic 454 Public Health law, bill amending 466 Railroad, law, bill amending. Full Crew bill 424 Rochester, erection of State armory 480 Stock transfer tax 482 Supreme Court, appointment of interpreters 452 Thaw, Harry K., case of, appropriation for counsel employed by Attorney-General 415 Tilden, Samuel J., bill providing for celebration of .birthday. 476 Tuberculosis hospitals, establishment of wortohops 449 Architect, State, appointment 500 investigation of office, concerning Capitol contracts 944 letter from 1225 reorganization of office, message on 1'5S report of Committee of Inquiry 734 State Department, bill to create, emergency messages .... 492, 498 Armory at Malone, addition to, veto of bill 348 at Yonkers, erection, veto of bill 346 Armstrong, Sarah F., reappointment 523 Arnold, Lynn J., appointed del^ate 565 Arnstein, Leo, appointed delegate .530, 542 Arsenal site in Albany, investigation of purchase by Adjutant- General 601 Index 1519 PAGE Art Commission, message on 160 emergency message 498 As'pinwalT, Josepli, appointed delegate 565 Astor, Vincent, appointed delegate 526, 565, 1253 Athletic Commission, report of Committee of Inquiry 703 veto of appropriations for 366 Athletic Commissioner, appointment * 503 Attorney-General, appropriation for counsel employed by, in Thaw case, approved biM 415 letter from, relating to waters of Niagara river 94 letter from, relating to Yonkers railroad company 1144 letter requesting a hearing on the Niagara power bill 1061 report of Committee of Inquiry 693 veto of appropriations for 373, 374, 375. . 376 Auburn, strike of employees of International Harvester Co., re- lating to -1080, 1093 Auburn, Sunnyerest Sanatorium, veto of bill relating to 286 Auburn prison, report of George W. Blake on 867 present conditions 979 Auchenpau, W. B., appointed delegate 538 Auditor, executive, appointment 501 Auerbaeh, Joseph S., appointed delegate 565 Austin, H. Le Roy, appointed delegate 565 Automobile Department, inspections bureau, veto of appropria- tions 362 Automobiles, see Motor vehicles. Ayres, Leonard P., appointed delegate 533 Baccelli, G. P., letter from. . . 1227 Bacon, Henry, appointed delegate 665 Bailey, Edward T., deceased 507 Bailey, Liberty Hyde, term as reformatory manager expired 519 appointed delegate : 565 Bain, H'oratio N., reappointment 517 Baker, Charles W., appointment 512 Baker, Hugh P., appointment 565 appointed delegate 661 Baker, S. Josephine, appointed delegate 334 Bakeries, law relating to, message on 156 Baldwin, Dr. Edward R., appointment on Public Healtli Commis- sion, statement by Governor 606 Baldwin, Edward R., appointed delegate 534 Baldwin, Jos. C, Jr., appointed delegate :544, 559 Bancroft, George W., telegrams IftSl, 108'2 Banking corporations, misconduct of officers, bills relating to ... . 776 Banking Department, charges by depositors of the VVasliington Savings Bank against Superintendent Van Tuyl 815 reply of Superintendent to charges 8210 reply to cliiarges of W. D. Cameron 796 report of Committee of Inquiry 737 Banking law, act to create a commission to revise 775 .bill amending, approved 416 emergency message 488 bills amending, recommended by Committee of Inquiry 775 veto of bills amending,. .'. . .226, 320 Barge canal, junction locksi at Rome and Mohawk, veto of bill for construction 343 1520 Index PAGE Barge canal terminaJs, appropriation for payment of interest on debt, emergency message 491 veto of bill 355 Barnette, John A., appointed delegate 534 Barondess, Joseph, appointed delegate 538 Barrett, Nathan F., appointment 512 Bartow, Mrs. Bernard, appointed delegate 560 Batavia, veto of bill incorporating . . 242 Bates, Edward, appointment 970 Bath, see Xew York State Soldiers' ^nd Sailors Home. Battles, Mrs. Sarah, appointed delegate 563 Baucus, Frank M., appointed delegate '. 529 Beal, Joseph, term expired , 520 Beckiyith, Col. Clinton, appointment 506 Bedford, see New York State Reformatory for Women. Beitler, Lewis E., letter from 1227 Bell, Thomas, appointed delegate 562 Belmont Park, gambling at 1159 Benedict, H. H., appointed delegate , 534 Benham, Warden 868 Bennett, John, appointed delegate 538 Bennett, William S., appointed delegate 542, 566 Bennington battlefield, appropriations for acquisition of 360 bill for preservation approved 474 Berry, Capt. Charles W., appointment 502 Biggs, Herman M., appointed delegate 534 appointment on Public Hfealth Commission, statement by Governor 60S appointment on Public Health Council 557 B'ijur, Nathan, appointed delegate 566 Bingham, Gertrude, appointment 555 Binghamton, veto of bill amending charter 217, 253 Binghamton State Hospital, appointment of manager 516 veto of certain appropriations for 302 Biracree, John B., appointment 508 Bisohoff, Henry, deceased 52S Bishop, Rev. C. H., appointed delegate 562 Bishop, George W., veto of bill relaiting to 322 Bissell, Mrs. Elmer J., appointed del^ate 531 Bissell, Herbert P., appointed delegate 566 Bissikummer, Charles H., appointment 556 Black, Mrs. Elmer, appointed delegaite 533, 541 Black, Frank S., proclamation relating to death of 11 Black river, reconstruction of causeway or dyke, veto of.appro- , priations for '.•■ ■ 407 Black River canal, bridge at Port Leyden, veto of bill 340 bridge at Rome, veto of bill 340 veto of bill for improvements 332 Blair, Mrs. Elmer, appointment 557 Blake, Frajik, appointment 522 Blake, George W., appointed to investigate State prisons 855 report on Auburn Prison 867 report on Great Mteadow Prison 856 supplemental report 885 statement concerning construction of 985 report on Sing Sing Prison 898 Index 1521 PAGE Blake, Michael H., term expired 511 Blanchard, A. H., appointed delegate 529, 544 Blauvelt, statement in relaiion to State Rifle Range at 1045 Blind, in the city of Xew York, bill for relief of, approved 438 Blind, New York Stale Commission for, appointment of members. 555 Blind voters, assistance, veto of bill ! . 316 Bliss, Caroline H., reappointment 518 Bliss, William H., appointed delegate 534 Bloodgood, Clarence E., appointed delegate 566 Blum, Edward C, nomination 171. 552 Blum, Mrs. Hannah, appointment 970 Blunt, Captain Hamilton H., appointed delegate 564 Board of Claims, see Claims, Board of. Boardman, Mabel T., telegram from 1190 Boards, see specifio nam.es of. Bonds, State, bills relating to, emergency messages. ... 135, 487, 497 letter regarding 1219 proclamation relating to 13 statements by Grovernor 15, 1107 Bonney, Nelson P., appointed delegate 566 Bookstaver, Mrs. Wm., appointed delegate • 560 Borst, Henry V., appointment 525, 566 to hold extraordinary trial term of Supreme Court 595 Boulton, Alfred J., appointed delegate 531, 538 Bowen, Ralph S., reappointment 518 Boxing exhibitions, letter relating to 1183 Boyle, James F., reappointment 519 Brady, John J., reappointment 520 Braham, Chester A., appointed delegate 534 Brand, John, appointment 513 Brandt, Folke Engle, concerning application for executive clem- ency . . 1002 condition annexed to pardon 1003 Bredel, Clara H., appointed delegate 534 Breen, Arthur, appointed delegate 538 Breen, J. M., appointed delegate 538 Bireen, Matthew P., appointed delegate 566 Brennan, John, appointed delegate 539 Brentano, Simon, appointed delegate 539 Brewster, E. Frank, appointment 5^4 Brewster, George R., appointment 513 Bridge Commission, interstate, veto of bill creating 342 Bridges, construction and maintenance, veto of bills. 335, 336, 341, 342 Briggs, Albert H., appointed delega,te 534 Briggs, E. H., appointed' delegate 544 Brisbane, Arthur, reply to letter from 1153 Broas, Col. Henry C, appointment 556 Bxoder, Juliu-s, appointed delegate 526 Bfonk, John S., appointment ; 518 Brooklyn, Borough of, see New York (city). 'Brooklyn Heights Railroad Company, claim against, veto of bill. . 331 Brooks, Rev. E. A. U., appointed delegate 562 Brooks, Rev. W. H., appointed delegate 561, 562 Brotherhood of Locomotive Engineers, r^arks to delegation .... 1239 Brotherhood of Locomotive Firemen and Enginemen, remarks to delegation 1244 1522 Index PAGE Brown, Alexander T., appointment olo, 549 Brown, U. Henry, appointment 508 Brown, Frederick C, resignation and term expired 521 Brown, George H., appointment 521 Brown, George L., nomination ' 170, 553 Brown, George R., appointment 507 Brown, Latlirop, appointed delegate 527 Brown, Mrs. Louise, appointed delegate 564 Brown, Mrs. Walston, appointed delegate 531 Brown, William C, appointed delegate .)26, 534, 564 Brubacker, A. R., appointed delegate 534 Bruce, Dr. Hortense V., appointed delegate 545 Bruckheimer, Samuel, appointment 501 Bruckner, Henry, appointed delegate 528 Brush, Melville E,: charges against 777 appointment of Commissioner 778 opinion of Governor 779 order of removal 787 removed from office .508 Bryan, \Mlliam J., correspondence with 10Sr>, 108il3, 1218, 1219 Buffalo, business men, address at luncheon in honor of Governor. 1320 strike of street railwaymen, in relation to 1099 veto of bills: anniversary of battle of Lake Erie, designating holiday. 321 building for branch ofBces of State officers 352 burial of members of certain religious corporations. . . . 217 city court, salaries of judges 219 Hopkins street, jurisdiction and control 248, 317 playgrounds 222 police pension fund 220 public buildings, bond issues for 219 purchasers of land at tax sales, amending charter. .247. 3L9 recreation pier and casino on park property 246, 3^0 water worlcs system, bond issue. 247. 278, 319 Buffalo auditorium, speech on direct primaries 1324 Buffalo State Hospital, appointment of manager 515 veto of certain appropriations for 302 Bugbeem, P. I., appointed delegate 534 Buildings, see Public Buildings. Bulgarian atrocities, protest against 1229 Bulger j Charles X., appointed delegate 566 Burd, George B., appointment .i55 Burdick, Daniel W., appointed delegate 544, 559 Burdick, Francis M., appointed delegate 566 Burdick, Silas G., appointment 507 Bureaus, see specifio names of. Burke, John H., appointed delegate 566 Burkett, C. W., appointed delegate 565 Biirligh, Prof., Wm., appointed delegate 562 Burns, Charles, appointed delegate 539 Burns, William H., reappointment 511 Burrell, Mrs. S. J., appointed delegate 563 Burrit, M. C, appointed delegate 565 Burton, John Reginald, appointed delegate 565 Burton, Walter C, resignation 509 Business corporation law, bill amending approved 464 Index 1523 P.VQB Business law, bill amending, emergency message 487 veto of bill amending, track scales for weighing carload freight 330 Butler, Edward H., appointed delegate .529, 532 Butler, E. H., Jr., appointed delegate. ., 534 Butler, Nicholas .Murray, appointed delegate , 541 Butts, L. P., appointed delegate 529 Byard, James, Jr., appointed delegate 566 Byne, Mrs. Derith, appointed delegate 562 Byrd, Rev. \Ailliam A., appointment 506 appointed delegate 562 Calder, William M., appointed delegate 527 Cameron, Frederick W., appointed delegate 566 Cameron, W. D., charges concerning Xorthern Bank of Xcw "Sork. 796 Campbell, Grace, appointed delegate 561 Campbell, Willson E., appointment 553 Canadian Forestry Convention, appointment of delegates 561 Canal claims and boards of claims, report of committee of in- quiry 668 Canal debt, appropriation for payment of interest on, veto of bill . 355 payment of interest on, emergency message 492 Canals, bonds for improvement, veto of bill providing for 212 date of opening 1186 letters from Duncan W. Peck regarding 1196, H9'8 rate of wages of laborers on 1198 Canandaigua, bill incorporating approved , 457 Canfield, Geo. F., appointed delegate 559 Oanfield, W. W., appointed delegate 533 Cannon, Jos. D., letters from and to 1054, 1056 telegrams 1052 Capes, Wm. P., appointed delegate 560 Capitol, appropriations for reconstruction of 361 contracts, report of John A. Hennessy on 944 reconstruction, letter from State Architect 1225 Carew, John F., appointed delegate 528 Carey, Jeremiah T., appointed delegate 539 Carlisle, Rev. J. C, appointed delegate 562 Carlisle, John N., appointment ■ as Highway Commissioner 514 appointment to investigate State departments 652 appointed delegate 566 Carmel, extraordinary trial term of Supreme Court in 596 Carmody, Thomas, see Aittorney-General. Carnegie, Andrew, appointed delegate 534, 541 Camochan, Gouverneur Morris, appointment 519 appointed delegate 545 Carr, F. D., appointed delegate 534 Carr, James D., appointment .• t 506 appointed delegate , , 563 Carter, William, appointed delegate 566 Gary, Eugene, term expired , . , , 561 Cassedy, William F., reappointment 513 Catskiil, address on direct primaries 1405 construction of brick pavement as ipart of route number three, veto of bill 345 Cattaraugus creek, veto of appropriations for improvements .... 407 Cayuga county, clerk, veto of bill relating to 268 conveyances upon tax sales, veto of bill 328 1524 Index PAGE Cayuga nation of Indians, claim of, bill relating to 773 veto of appropriations for 403, 404 Cemetery corporations, in Nassau county, formation, bill relating to approved .....';.. 421 Cemetery lands, veto of bill relating to. 327 Cemetery monuments, veto of bill relating to 337 Central Islip State Hospital, amount recommended for repairs. . T66 appointment of manager 518 veto of certain appropriations for 303 OhafTee, Newton A., term expired- •:■ ' 522 Gliamplain canal, construction of bridge over, veto of bill 332 Chandler, Walter M., appointed delegate 528 Chapman, I. L., resignation 508 Chapman, Mrs. John Jay, appointmeni?. . 970 unable' to serve. ....'.:■.;'.....: . . .' 971 Charitable institutions, appointmen't of trustees and man- agers .■'.'...: .518, 553 retirement of employees, veto of bill 337 report of Coitimittee of Inquiry 727 Charities, State Board, appointment of Commissioners 510 report of Committee of Inquiry 76fi veto of appropriations for 36S, 394 Charity and Correction, American Association, appointment of delegates to conference 544 Charles,' Walter, appointed delega7tei. .■■..'. . : . : 539 Chase, Charles J., nomination . ;';.'. 170; ■ 552 endorsement as Public Service Commissioner ..'■.•'. . . 1244 Chase, Emery A., appointed delegate 566 Chase, Rev. William Sheafe, appointed delegate 534 Chattel mortgages, filing, veto of bills 326. 347 Cheese, bill relating to branding approved 463 Cliester, Alden, appointed delegate 566 Child life, protection, statement in annual message 30 Children, employment, emergency message........:........... 489 . employment after school, veto of bill; amending labor law . . 330 Choate, Joseph H., appointed delegate.' 559 Christian Brothers' Academy Alumni; address at dinner 1241 Church, F: B., appointed delegate ..........:...'. 566 Qli.urch, Sanford'T;,"appointed delegate. .' 566 Ciavarella, Raeffele, conclusion Of 'Governor not tt) interfere.... 1014 report of Commission on mental condition : . . . 1015 ' Governor refuses to further interfere. '.'.:....; .'. . . 1016 Cities, bills relating to vetoed. 245, '278 / fire departments in 283 patrolmen, bill to promote 'health and eiftcielicy of 278 special bills, not accepted by Mayors 252, 284 sundry bills, not returned by Mayors 274, 286, 287, 299 Cities, first class, abolition of horse cars, veto of bill . 241 second or third class, government, emergency message ....... 498 power of local government, bill relating to, approved 429 City charter bill, optional, message recommending enactment . . . . 161 City law, bill amending approved 429 veto of bills amending : ■plumbing, corpbrat'ions engaged in the business of. 352 powers of cities .'. .321, 353 salaries in sec6nd' class cities.* .'.....'...'. 279 City officials, appointments . . . .' 524 Index 1525 PAGE Civil Procedure, Code of, see Code of Civil Procedure. Civil rigjits lavir, bill amending, approved 433 Civil service, statement in annual message 33 Civil Service Commission, forms filled out by 670 report of Committee of Inquiry 697 veto of appropriations for 364 Civil Service Commissioners, appointment 509 Civil sei^vice law, Walker bills amending, on veto of 1211 veto of bills amending: elassifled service in certain cities 253 examinations for promotion in police or fire depart- ment of a city 351 removal, suspension and reinstatement of employees. . . . 281 vacations and leaves of absence for employees 361 veterans,! legal expenses of 344 veterans andvolunteer firemen, legal expenses 316 Civil Service Reform Association, letter from. 1212 Claims, Board of, appropriation for,, veto of bills ...... 364, 386, 410 Commissioner, appointment 510 jurisdiction lin special cases, veto of bills 223, 228, 318 337 • recommendations of Conmiittee of Inquiry 669 veto of bills relating to 327, 330 Clancy, John E., appointment .51.5, 549 appointed delegate ; 528 Clark, Edward, appointment, 557 Clark, Frank W., appointed delegate 532 eiiark, John C, resignation. . , 517 f^'ark. It. Pierce, resignation : 519 Clark, Mrs. Richard E., appointed delegate 564 Clark, iShepard B., appointment: 508 Clarke, Laura B., reappointment 523 Clary, James A., appointed delegate 533 Clayton, John, appointment 506 Clayton, John B., appointed delegate 563 Cltearwater, Alphonso 1'., .reappointment 568 Cleveland, Mary B:, appointed delegate 534 Clews, Henry, appointed delegate S34 Clinton, Eugene, term expired 505 Clinton county, judge, appointment 508 Clinton House, veto of a^prbpriations for 406 Clute, John A., reappointment 550 Cobleskill, Schoharie School of Agriculture, see Schoharie State School of Agriculture. Cocaine,, .sale or possession of, bill relating to, approved. . . ; .... . . 465 Cochrane, Aaron V. 'S., appointed delegate . . : . : : , ; i'.',. , '. . . 566 Code of Civil Procedure, bill amending, approved. ...... ..'.,'•.• ■ ■ 428 ' '. veto of bills amending: Claims, Board of, jurisdiction ; 316, 337 justices' courts, costs in 256 persons who may not act as attorney in ,316 justices of the peace, taking of oaths by. 230 liability of State and jurigc^iotion of Board of Claims .... 337 New York City court, compensation of ofiticers aad em- ployees ■;■••,■ ^•,•^• ■ f • :■:■/-'• ■ .• 285 sales of real property i ..;.., ,.......,.,. . 315 temporary possession pending condemnation proceiedihgs . 352 witnesses 352 1526 Index PAGE Code of Criminal I'rocedure, bill amending defense of insanity 77i veto of bills amending appeals 34a counsel, compensation of in capital appeal cases 314 return of depositions 353 Coffin, Charles A., appointed delegate 534 Coffin, Samuel B., appointment 524 Cogswell, Ledyard, reappointment 504 Cohalan, Daniel F., matter of charges against 943 message transmitting report of Grievance Committee of New York Bar Association 154 Oohn, Morris, Jr., appointed delegate 566' Coley, Harrison W., appointment : 524 College of the City of New York, receiving bids for, veto of bill. . 318 Collier, Robert J., appointed delegate 534 Collingwood, H. W., appointed delegate 565 Collins, Capt. Louis D., appointment 502. Columbia county, surrogate, appointment 524 Commercial Travelers, Grand Council, address at 13th annual session 1440 Commissions, see specific names of. Committee of Inquiry into State departments : appointment 652 appropriations recommended by 686 legislation submitted 770 recommendations in annual message 38 report , 653 report on sinking funds ,. , 361 special message transmitting report ' 89' State prisons, conclusions in relation to conduct and adminis- tration of 835 Commutation of sentences : Miantelli, Vinoenzo 1004 Nicholas, William 1005- Toledo, Rafael ' 1035 Comptroller, approval of contracts, bill approved 450 cancellation of a. tax sale in Kings county, veto of bill .... 325- counsel, examiners, auditors and assistants, veto of bill. . . . 262 power to audit and examine expenditures, bill relating to 656, 770 report of Committee of Inquiry 691 sinking funds maintained by, report on by Committee of Inquiry 361 veto of appropriations for 362, 363, 373 Congdon, John B., appointed delegate 534 Conlin, Andrew J., appointed delegate 534 Conlon, Edward E., appointment 50i7 Connelly, John M., appointment 513 Conners, Mrs. William J., appointed delegate 534 Conners, William J., appointment 503 appointed delegate 534 Connible, Barber B., appointed delegate 566 Connelly, Maurice E., appointed delegate 566 Connors, William, appointed delegate 532' Conroy, D. J., appointed delegate 539 Index 1527 PAGE Conry, Mie'hacl F., appointed delegate , 528 Conservation, statement in annual message 28 . special messages 40, 94, 110 Conservation Department, reorganization, special message 108 report of Committee of Inquiry 731 veto of appropriations for 308, 369, 370, 398, ' 399 Conservation law, bills amending 771 message recommending amendment of section 310' 150 veto of ibills amending 2fi7 hares and rabbits, taking of 326 hydro-electric plant at Vischer Ft'rry 29'5 lands, forests and public parljs 326 pheasants, open season for 321 suckers, hooking through the ice 321 Warren county, Ashing in certain waters of 321 Conservation, see also Water storage corporations. Constitutional convention, emergency message on 498 message recommending passage of bill concerning 138 veto of bill providing for 231 Continuation schools, bill relating to approved 477 Contract and supply. State Board, bill relating to 656, 770 Converse, Fred E., appointed delegate 566 Conway, Thomas F., appointment 554 lappointed delegate 566 Cook, Dean H. E., appointed delegate 565 t'ooke, May Perry, reappointment 515 C'ooper, James Fenimore, reappointment 50i4 Cornell, Daniel T., appointment 504 resigned 558 Cornell University, trustee, nomination 550 Cornell University, Xew York State College of Agriculture, appropriations for 360 veto of bill relating to 339 Corning, address on direct primaries 1359 veto of bills apiending charter 189. 287 Cornish, E. J., appointed delegate 542, 543 Cornwall, Harold D., appointment 515, 540 Correspondence . . » 1183 See also under names of persons. Cortelyou, George B., appointed delegate 534 Cost of living, statement in annual message 27 Costigan, Capt. William J., appointment 502 Coudert, Frederic E., letter from 1206 Counsel to the Governor, appointment 501 Counties, commissioners of jurors, veto of bi'll 265 County autonomy and political independence, address on 1290 County law, bill amending, emergency message . 490 veto of bills amending: county charges 226 discriminations of newspapers for publication of session laws 294 dogs, registration 223 limitations of credit of towns and counties 315 losses from deposit of funds incurred pursuant to court orders ' 260 County officials, appointments 507, 524, 559 1528 Index PAGE Court cle.signatione • ' 573 Court of Appeals, alterations of (State house for use of, VEto of bill 348 designation of Justice Nathan L. Miller as associate judge. . 574 retirement of employees, veto of bill , 329 Court of Claims. See 'Claims, Board of. Courts, act to simplify practice in, emei'gency message 4fld message recommending plan for simplification of legal pro- cedure 4,5 special terms 589 C'oville, Luzerne, appointed delegate 534 Cox, Frederick H'., term expired 504 Cox, James JI., telegrams to 1189, 1192 telegram from 1190', 1 193 Cox, Mrs. John \V., appointed delegate 534 Cra'ig Colony for Epileptics, Sonyea, amount recommended for repairs • 769 appointment of managers 520 Crane, Frederick E., appointed delegate 566 Crapsey, Rev. Dr. A. S., appointed delegate 545 Creamer, Thomas J., appointment 557 Crennan, John J., appointment 517 Criminal Procedure, Code of. See Code of Criminal Procedure. Crocker, Edwin M., appointment. 5.5.5 report on prison conditions 983 Cropsey, James C, appointed delegate 5&6 letter from 1 1.52 Croton watershed, pollution of 1138 Orouoh, Leonard C, appointment 525 Crowley, Thomas J., appointed delegate 539 Cullen, Richard J., appointment 515, 550 Cullin, F. D., appointed delegate 566 Cummings, Thomas J., appointment 514 Curis, Rev. J. L., appointed delegate 561 Curran, Richard H., appointed delegate » 539 Currey, Gabriel F., appointment 5'56 Curtis, Mrs. James, appointed delegate. 564 Curtis, .James L., appointed delegate 563 Curtis, Jos. L., appointed delegate 563 Cusani, enclosures in Mr. Bryan's letter from 1087 Cushman, Daniel B., appointment .- 505 appointed delegate 530 Cutler, Obadiah W., nomination 169 651 Cutting, R. Fulton, appointed delegate 534 Cutting, Mrs. Robert Fulton, appointed delegate 533 Dahlman, James C, telegram from 1190 Dale, Harry Howard, appointed delegate 527 Dalrymple, Isaac, appointment 520 Dalzell, Fred B., appointment 556 Damages for causing death, bill relating to actions to recover approved . 428 Danfortli, Henry G., appointed delegate 528 Daniell, Lieut, John F., appointment : . . 502 Daniell, Rev. W.,- appointed delegate ". . . 562 Daniels,' Josephus, correspondence with 1173 Index 1529 PAGE Darlington, Thomas, appointed delegate •. 533 Darrow, J. W., appointed delegate 565 Davidson, George G., Jr., term expired 519 Davidson, H. P., appointed delegate .- 534 Dawes, Spencer L., appointed delegate 534 Dawson, Miles il., appointed delegate 542, ^ 543 Day, James E., appointment 504 Death, actions to recover damages for causing, bill approved .... 428 DeBaum, Alonzo E., escheated lands, veto of bill 234 Debt, State, statement in annual message 24 Dfeeker, Martin S., chairman of Public Serviui' Commission 552 Deer, Arthur J., appointment .' 558 appointed delegate 530 DeForest, Robert W., appointed delegate. 531, 542, 543. 5«0 De Kay, Eckford Craven, term expired 501 Delaney, John H., appointed to investigate State departments . . 652 appointment as Commissioner of Efficiency and Economy. . , . 513 Delaware and Hudson canal, surveys for improving, veto of bill. . 344 Delaware county, district attorney, -appointment 507 Delaware river, dykes for protection of property, veto of bill. ; . . 332 Delehanty, James, veto of bill relating to 322 De Leon, Edwin \\., appointed delegate 542, 543 Delhi, State S"hool of Agricu'.ture and Domestic Science, appoint- ment of trustees 550 appropriations for 360 Democratic county committees, speech to chairmen on primai-y bill . 1311 Democratic Editorial Association, address at banquet 1290 Detnorest, William C, appointed delegate 534 de Mott, Charles, letter to 1164 letter from Il(i4 Dental licenses, veto of bill relating to. 316 Departments, see specific names of. Deposit, veto of bill amending charter 269 De Ronde, Abram, resignation 512 Resignations, court 573 DeVine, Edwa,rd T., appointed delegate 539, .142, ,')43 560 Dewey, Alice Chipman, reappointment 523 Diedling Rudolph P., nomination 17(1, 552 Digney, John M., appointment 504 Dignum, John, appointed delegate , 539 Dillon, J. J., appointed delegate 564 Dinsmore, William B., reappointment 317 Direct election of U. iS. senators 25, 39 Wrect primaries, see Primaries. Direct tax, emergency message 492 message relating to 147 veto of bill 354 Dittenhoefer, A. J., appointed delegate 535 Dittenhoefer, Abraham, ap.poiiited delegate 560 Dixon, J. M., appointed delegate 563 Dabson, N. B., appointed delegate 561 Docks and piers, inspection, veto of bill 354 Dodge, Cleveland H., appointed delegate 535 Dogs, registration of, veto of bill . . . . , 223 Dollar, E. H., appointed delegate 538 1530 Index PAGE Donnelly, Michael T., ai>pointment 514 Donnelly, Thomas F 524 appointed delegate 566 Donohue, Anthony P.', appointed delegate 539 Donovan, Captain, telegram to 1193 Dooley, James, appointed delegate 53!) Dooling, Peter J., appointed delegate 528 Doran, James, reward for capture of 107!) Dos Passos, John R., appointed delegate 566 Doty, Madeline, appointment 971 Dougherty, James E., reappointment 519 Douglas, Curtis N., terra expired 552 Douglas, James, appointed delegate 535 Douglass, Edwin T., appointment 556 Douglass, James' A., term expired 521 Dow, Charles M., term expired 551 Dowd, Thomas H., appointed delegate 566 Dowling, Robert E., appointed delegate 539 Dowling, Victor J., appointed delegate 566 Downey, P. J. letter from 1101 report on Auburn disturbances 1095 Draper, Andrew S., appointed delegate 535 statement concerning death of 1319 Dieier, Mary, appointed delegate 539, 542 Driscoll, Daniel A., appointed delegate 529 Driscoll, George \V., appointment 515, 549 Drummond, Michael J., appointed delegate 560 letter from 1195 Du Bois, Dr. W. E. B., appointment 506 Dugan, Daniel J., appointed delegate 541, 566 Dugro, Philip Henry, appointed delegate 566 Dunham, George E., unable to serve 550 Dunn, Thomas B., appointed delegate 528 Duras, Victor H., appointed delegate 570 Dutchess county, assessment for school purposes of certain State lands, veto of bill 204 Eastern Xew York Reformatory. Xapanoch, amount recommended for repairs 768 veto of certain appropriations for 310 Eaton, Mrs. Horace A., appointed delegate .'jSl Faton, James W., nomination 171, 551 Economy of State officers, statement in annual message 37 Education, appropriations for promotion of 360 Education, Commissioner of, statement regarding death of 1319 Education, International Conference on, appointment of delegate . 570 Education building, appropriations for finishing 3fil care and cleaning service, veto of appropriations for 398 care and custody of, veto of bill 271 Education department, veto of appropriations for 367, 390 report of Committee of Inquiry 705 Education law, bills amending approved 442, 477 veto of bills amending: agricultural schools in towns 335 contracts for the instruction of pupils 236 Dutchess countv, assessment of lands in 204 Index 1531 Education law — Continued : page veto of bills amending — Continued : high school education in rural communities 240 Keuka college, State School of Agriculture 340 New York State Library, branch in capitol 343 normal and training school, establishment on Long Island 343 normal schools, salaries of teachers 350 publication of notice of meetings in union free school districts 236 truant schools _. 347 Efficiency and Economy, Commissioner, appointment 513 bill relating to (ioO, 770 Department of, bill providing' for approved 4o.5 Ehrich, Mrs. Manfred W., appointed delegate 531 Eidlitz, Otto M., appointed delegate 542, 543 Einstein, Mrs. William, appointment 554 Election law, bill amending approved 482 veto of bills amending 1!)0, 207, 208, 268, 344 blind voters, assistance of 316 commissioners of elections 344 members of State committees of political parties 210 Election laws, special message 101 Elections, superintendent, report of Committee of Inquiry 700 Electoral reform, statement in annual message 27 Electric light, heat and power companies, veto of bill relating to. 315 Elias, Abram J., nomination 16!), 551 appointed delegate 535 Elias, Mrs. Abram J., appointed delegate 535 Elkus, Abram I., appointed delegate 53!l, 567 Ellicott creek, bill providing for deepening channel and repairs of bridges approved 469 Ellison, William B., letter to regarding flre insurance in- vestigation 604 message transmitting report of 50 Elmira, charter, veto of bill amending -, 220 deposits of school money, veto of bill 333 speech in response to Rev. Father Bloomer and school chil- dren on direct primaries . 1352 Elmira College for Women, address on direct primaries 1354 Elmira Colonnade Theati'e, speech on direct primaries 1333 Elting, Arthur W., appointed delegate 535 Elwood, H. C, appointed delegate 538 Elwood, J. F., resignation 514 Ely, Robert Erskine, appointed delegate 535 Emancipation of the Slaves, Fiftieth Anniversary, appointment of delegates ^ 563 emergency message , 491 Emancipation Proclamation Commission, appointment of members 506 Embalming Examiners, Board of, appointment of member 503 Emergency messages, see Messages, emergency. Emerson, Harrington, appointed delegate 535 Employees, physical examination, bill approved 448 Engineer and Surveyor, report of Committee of Inquiry 734 Erie canal, bridge over, in Utiea, veto of bill 341 bridge over, in Wh'.tesboro, veto of bill 341 junction locks at Rome and ilohawk, veto of bill 343 1532 Index PAGE Erlanger, Mitchell L., appointed- delegate 567 Ernest, Ferdinand A. L., escheated lands, veto of bill 234 Escheated lands, Brooklyn, veto of bills relating to 234 Estima,te, State Board of, bill relating to 656, 770 bill establishing approved 435 Eucaine, sale or possession of, bill relating to approved 465 Excise Department, report of Committee of Inquiry :..... 694 veto of appropriations for '. . 3164, 365 Executive auditor, appointment 501 Executive Department, report of Ck>mmittee of Inquiry 688 Executive law, bill amending . . ; 770 veto of bill amending 262 Extraordinary seeeion of the Legislature, proclamation con- vening 16 Factories^ bill relating to approved . . . 439 employment of children, emergency message. 489 Factory ' Insjiectors, International Association, appointment of delegates .....:. 538 Fair, sec State Fair. Fairchild, George AV., appointed delegate 528 Fairchild, Herman Leroy, appointment 555 Far Rockaway Bay, use of nets, veto of bill ' 267 Farm and industrial colony for trampSj' bill to repeal act jiro- viding for .' : . . . . 776 . report of Committee of Inquiry 759 Farm bureaus, appropriations for establishment of 360 Farm for women, veto of appropriations for 367 Farm products, sale on commission, bill relating to approved!. 461 Farrell, Elizabeth E., appointed delegate 535 Farrell, George A., appointed delegate 539 Fassett, Mrs. J.. Sloat, appointed delegate 535 Federal Aid Good Roads Convention, appointment of delegates.. .527 Feeble-minded criminals and defectives, bill providing for ex- amination of . ' 776 report of Committee of Inquiry 704 Fenner, Elias B., reappointment .' .■ 512 Ferguson, Frank C, appointed delegate 545, 567 Ferry owners, claims of, veto of bill 229 Field, Thomas Pearsall, reappointraeht : 52.1 Finance, sinking fjinds, statement regarding 1105 state, report of Committee of Inquiry 656 statement iTi annual message 22 Finance law, bills amending 771 bill amending approved 450 veto of bills amending 329, 342 Finegan. Thomas E., appointed delegate: 535 Finke, Captain William D., appointment 502 Finley, John H., appointment 555 Fire insurance, investigation, letter to W. B. Ellison regarding. t- 604 revision of standard policy, special messages 50, 69 remarks to delegation concerning bills 1299 Fire Island State Park, veto of appropriations for 371 Fire Island State Park Commissioners, nominations 551 Fire marshal, report of Committee of Inquiry. 732 veto of appropriations for 370, 404 Index 1533 PAGE Fire marshals iu villages, establisliment of office, veto of bill. . . . 270 Fiscal Supervisor of State Cliarities, veto of appropriations for . . 3'6'8 Fiscal year, proposed change in 657 change in date, bill relating to 771 Fisli, Stuyvesant, appointed delegate ,. 535 Fishing, veto of bills relating to 321 Fiske, Capt. Charles E., appointment 502 Fitzgerald, John J., appointed delegate. . 527 Fitzgerald, Thomas D., appointed delegate 539 Fitzgerald, W. B., letter from 1100 Fitzgibbons, Edward, appointed delegate 539 Fitzgiibbons, John, appointed delegate 539, 543 Fitzpatrick, Clara, appointment 522 Flaesch, Charles C, appointment 515, 550 appointed delegate 567 Flag, display at polling places, bill approved 482 Flag day, proclamation relating to 17 Flexner, Simon, appointment 557 Flinn, Anna L., appointed delegate 535 Flood, Henry D., letter to from Attorney^General C!arniody 1061 Floods in Ohio and Nebraska, relating to. 1189 proclamation relaiting to. . ! 12 Pogarty, J., appointed delegate 539 Folks, Homer, appointed delegate 535, 559 appointment on Public Health Commission, statement by Governor ...» 606 appointment on Public Health Council 557 letter from 1142 Foote, Nathaniel, appointed delegate 567 Ford, John, appointed delegate. ; 567 Fordham, Albert A., nomination 171, 552 Forest preserve, investigation of titles to land claimed by State, veto of bill 350 Forestry, State College of, at Syracuse, appropriations for 360 : bill relating to approved 470 report of Committee of Inquiry. 719 trustees, appoiiitment . ., 515, 549 Forests, conservation, statement in annual in,essage 28 Fort Edvi^ard, construction of bridge over Champlain canal, veto of bill '.■■'■ 332 Forward-to-the-Land League, National, Convention, appointment of delegates 564 Foster, Isaac M., appointment 507 -Foster, Major Reginald L., appointment 501 Fowler, Albert T., term expired 523 Fowler, Mary Jane, veto of bill for relief of 323 Fox, Emma, appointed delegate 562 Franchise tax, emergency messages relating to 487, 497 message relating to :....• 135 proclamation relating to 13 s: . statement by Governor 15 Francolini, Joseph N., appointed delegate 527, 564 Frank, Augusta, veto of bill relating to 253 Frankel, Lee K., appointed delegate 542, 543 Frankfort, bonds for highway construction, veto of bill 324 1534 Index PAGE Franklin county, bonds for highways, emergency message 489 Fredonia, reimbursing village of, veto of appropriations for... 300 Freight, track scales for weighing, veto of bill amending Business law 330 Frick, Henry C, appointed delegate 533 Frisbie, Daniel D., appointed delegate 541 Frisbie, Miles F., appointed delegate 567 Frissell, A. S., appointed delegate 53o Fronezak, Francis E., appointed delegate 535 Fuhrmann, Louis P., letter to 1 103 Full crew bill approved 424 statements by Governor 1108 Fulton, veto of bill amending charter 337 Gaffney, James E., appointed delegate 529 Gafney, T. il., appointed delegate. ; 539 Gambling, enforcement of law relative to 1148 on race tracks in Nassau county 115!) in Saratoga county 1169 Game Protectors, annual session, Albany, address 1435 Gannett, F. E., appointed delegate 532, 560 Gardner, Mrs. Edith, appointed delegate 563 Gardner, Walter E., appointed delegate 532 Garrison, Lindley M., letter from 1129 Gary, Elbert H., appointed delegate 535 Gas corporations, acquisition of lands by, veto of bill 353 Gavegan, Edward J., appointed delegate 567 Geiger, \Yilliam, nomination 551 General business law, see Business law. General city law, see City law. General municipal law, see Municipal law. Genesee Falls, assessment and taxation of certain state lands, veto of bill 346 Genesee river, construction of bridge over, veto of bill 331 Geneva, bond issue, veto of bill 288 veto of bill incorporating 197 Geographic Names, State Board, appointment of members 555 George, Henry. Jr., appointed delegate 528 Gerry, Mrs. Elbert H., appointed delegate 544 Gettysburg celebration, address at . . .' 1477 appropriations for 360 presentation of silver medal to Governor 1227 Gibbs, Milton E., appointment £08 Gibson, Charles, appointed delegate 560 Giegerich, Leonard A., appointed delegate 567 Gilbert, Frank H., appointed delegate 561 Giles, William H., appointed delegate 538 Gill, John, appointed delegate 539 Gittens, Robert H., appointed delegate 528 Gladding, Albert F., reappointment 505 Gleed, John R., appointed delegate 563 Glenn, John M., appointed delegate 560 Glens Falls, address on direct primaries 1398 (ilens Falls feeder, bridge over, veto of bill ?42 Gloversville, veto of bill amending charter 330 Glucksman, Louis, appointed delegate 535 Index 1535 PAGE Glynn, James T., appointed delegate 532 Groldfogle, Henry il., appointed delegate 528 Goldmark, Josephine, appointed delegate ' 542 Goldmark, Pauline, appointment olS, 550 appointed delegate 531, 533 539 Goldsmith, Evelyn M., appointed delegate ». 535 Goldsmith, Irving I., appointment 554 Goldthwait, Lucile A., appointment 555 Gompers, Samuel, appointed delegate 530, 539, 543 Good Roads Commission, Advisory, appointment of members.... 529 Good Roads Convention, Federal Aid, appointment of delegates.. 527 Goodale, Mary S., reappointment 516 Gorham Co., letter from 1187 Goslinski, Michael, opinion of Governor in ease of 1023 Gould, Elgin L., appointed delegate 535 Goulden, Joseph A., appointed delegate 528 Governor, birthday dinner, address at 1284 counsel, appointment 501 inauguration 5 secretary, appointment ; 501 Gcw. FrpiV v.. reaimointment 510 appointed delegate 544, 559 Gowanda State Homeopathic Hospital, appointment of manager. . 516 amounts recommended for repairs 766 veto of certain appropriations for 303 Grace, Anthony W., case of 1036 Grade erossinss, bill relating to elimination of 772 Grant, Mrs. Sarah E., appointed delegate 564 Gratzwick, William H., appointed delegate 544, 559 Graves. Rev. Charles, appointed delegate . . . , 545 Gray, Charles \V., appointment 505 Gray, J. E., appointed delegate 539 Great Meadow prison, letter from Franklin B. Ware concerning. 886 report of Committee of Inquiry 762 report of George W. Blake on investigation 856 supplemental report 885 statement concerning construction of 985 Greenbaum, Samuel, appointed delegate 567 Greene, Frederick S., claim of, veto of bill 257 Greene, James W., appointed delegate 532, 535 Greenhut, J. B.. appointed delegate 535 Greer, Rt. Rev. David H., appointed delegate 569 Grezinger, Mate C, term expired 522 Griffin, Daniel .1., appointed delegate 528 Griffith, Lewis E., term expired ,. . 505 Grippen, Clarence L., letter .to 1170 letter from 1172 Gross, Dr. A. W., appointed delegate 545 Gross, U'm. E.. appointed delegate .i'li2, 564 Grout, Edwin M., appointed delegate 567 Guggenheim, Daniel, appointed delegate 570 Guy, Charles L., appointed delegate 567 Haase, Lewis, term expired 518 Haberer, Herman .J., appointment. 559 Hackett, John, reappointment 558 .resigned 558 1536 Index PAGE Hague, dedication of Peace Palace, appointment of delegates. . . . 569 Hall, Benjamin E., term expired 510 Hall, Pred S., appointed delegate." 531 Hall, George A., a/ppointed delegate 531 Haller, Frederick, appointed delegate 567 Hamilton, Charles M., appointed delegate 5-29 Hamilton, Henry D., appointment 501 Hamilton, Henry DeWitt, telegram to 1191 Handy, Mrs. Walter, appointed delegate 564 Hard, William, appointment 554 Harding, Frank, appointment 515 Harrietstown, veto of appropriations for 402 Harriman, Emily, appointed delegate 570 Harriman, Florence Jaffray, reappointment 520 Harriman, Mrs. J. B., appointed delegate 545 Harriman, Mary W., appointment 519 Harris, Daniel, appointed delegate .531, oSfl, 543 Harris, Edwin S., letter from 1219 Harris, Geo. W., appointed delegate 561 Harrison, Francis Burton, appointed delegate 528 Hart, Edward, appointed delegate 527 Hart, Harry C, appointment 518 Hasbrouck, Gilbert D. B., appointed delegate 567 Hastings, Mabel L., term expired 517 Hatch, Edward, letter from 1138 letter in reply to 1 142 Hatch, Leonard W., appointed delegate. 542, 543 Hatdi, William, term expired 522 Hatzel, John C., appointment : . SoO Hauslinger, Bernard, relating to extradition of from Illinois .... 10.17 I-Iawkins, George K., appointed delegate 535 Hawkins, Jeanette R., resignation 520 Hay, Mary Garrett, appointment 970 Hayes, Anna H., appointed delegate. . : . 531 Hayes, Daniel P., appointed delegate 567 Hayes, James H., appointed delegate 563 Hayes, Rev. Wm. P., appointed delegate 562 Haynes, Hunter C., appointed delegate 561 Health, State Commissioner Porter, statement on his continua- tion in office 1147 Health, State Department, appropriations 360 veto of appropriations for 365, 386 Health, see also Public Health. Health officer. Port of 'New York, bill increasing fees T76 report of Committee of Inquiry ........: 696 veto of appropriations for « 388 Hearst, Mrs. William Randolph, appointed delegate 5.35 Hebberd, Robt. W., appointed delegate 544, 559 Hecox, William H., reappointment ; 516 Hedden, Charles R., appointed delegate 536 Heffron, John L., appointed delegate 535 H'eilferty, David, reinstatement of, as court attendant, veto of bill 329 Heizer, Rev. C. W., appointed delegate 533 Held, Frank C. B., appointed delegate 535 Hell Gate Pilot, nomination 552 Index lo'^' P.VGE Helyer, Frank C, appointed delegate, . , 565 Henderson, Dr. J., appointed delegate 561 Hendricks, Francis, nomination 171, , 560 Hennessy, John A., appointment as executive auditor 501 resignation 301 appointed to investigate State departments 992 appointed special commissioner to investigate Highw^ays De- partment . ...,.,.,., 915 report oOTicern'ing oapitol contracts ,....,.... 944 Hpnry, Jolm W., appointed delegate 531 l-lensdhel, Albert Gfi., appointment. .... . ., , 507 Liensol, Mrs. Cliarles E., appointed delegate 535 flerbert, John, F., term expired . . : 549 Herkimer, Gen. Nicholas, farm, acquisition by State. 1194 Herkimer county, claim against State, veto of bill. _ 225 Hewitt, Nathan T., appointment. 508 Heydecker, Edward L., appointment . . 557; High school education in rural communities, veto of bill amend- ing Education law 240 llighland, dykes for protection of property. Veto of bill 332 Highway Department, appointment of Jf)hn A Hemiessy to in- vestigate ....'. 913 collection of autolnobile tax recommended by Committee , of Inquiry 690 ' Commissioner, appointment '. .' 514 contracts, message relating to 144 report of Comiriittee of Inquiry 746" 'State Superintendent, statement relative to removal of 832 ' ' notice of removal from oflSce '..'.'. . 834 Highway law, bill to repeal special legislation restricting ap- ' plication of general law .' . 775 HSghwa-y law, bills amending: ' ' Albany post road, new State route, emergency message. 490 '' ' ' motor vehicles, emergency message ......:;..!.■.. 489, 491 special message . ... 109' veto of bills amending: Albany Post road, Westchester county, laying railroad tracks upon . .' .' '. 2'82t bridges. State aid for .......; : 336 town 335 motor Vehicles : . . 354 road machinery, purcha,se of, by towns 336 route number one, description 336 twenty, description 336 forty-six, description 346 State aid for improved highways 336 Suffolk county, new State route 336 Highways, address concerning State road around. Storm King mountain 1235 Advisory Good Roads Commission, appointment of niemitersi. . 529 appropria,tions for construction and improvement, veto of ,:. bills. :... .......,....,....;. 331, 411 appropriation for payment of interest on debt, veto of bills. . 350 354, ,355 Federal Aid Good Roads Convention, appointment of dele- , gates ^ 527 49 1538 • Index Highways — Continued : page Franklin county, bonds for, emergency message 489 improvement 489, 490, 492 International Road Congress, appointment of delegates 544 investigation, veto of appropriations for 383 machinery, contracts made by town officers, veto of bill 337 New Castle, Westchester county, veto of bill. 338 report of advisory commission on 916 statement in annual message 35 Supreme Court, extraordinary trial term, for trial of cases. . 593 594, 596, 597 utilizing unexpended balances of moneys heretofore appro- priated, veto of bill 349 violations of Labor Law in construction, and repair of. 1210 Hill, JaB. Percy, al>p,6iiited delegate. 561 Hill, I>r. Robert S., appointed delegate 545 Hill, Rowland F., claims of heirs against State, veto of bill 330 Hillery, John R., appointment 506 Hilles, Charles D., appointment 521 failure to qualify 521 appointed delegate 535 Hinkley, Mrs. Mary, appointed delegate. 545 Hirschberg, Michael H., appointed delegate 567 Hiscock, Frank H., appointed delegate 567 Hitchcock, C. H., appointed delegate 567 Hoag, William C, appointment 522 Hoekman, Mike, hearing in the matter of application for requi- sition ',:•„••• lOOO Hodges, George H., letter from. . , 1231 Hodson, Devoe P., appointment. 511 Heefer, Herman W., reappointment 509 resignation 509 Hoffman, Harry, appointment 513 IJogan, John.W., resignation '. 510 Holden, Hendrick S., appointment 515, 549 Holmes, Rev. John H., appointed delegate 531 Holt, Hamilton, appointed delegate 541 Home for the Aged, veto of bill for establishing 341 Home rule, statement in annual message 36 iiome rule bill approved 429 Home rule conference of municipal government association and conference of mayors, speech at dinner. . ., 1275 Hone, Joseph B., deceased , , , 518 Honorary appointments 526, 559 liopker, Warren B., appointed delegate, , 567 tfobper. Dr. Franklin W., appointed delegate 564 Hobrnibeek, Frank B., term expired 549 1-iopkins, Frank, appointed delegate 567 Hopkins, W., appointed delegate ,. 539 Hopper, John J., appointment 557 appointed delegate , 529 Hprse cars in cities of the first class, veto of bill to abolish. ... 241 Flbrse racing, enforcement of law 1148 Nassau cotiiity 1159 Saratoga county 1169 Horton, Randolph, appolVited delegate 567 Hbrton, Theodore, letters from 1066 Index 1539 PAGE Hotchkiss, Henry D., designation as associate justice of Supreme court 575 Hough, Charles N., appointment 970 Houghton, James \V., deceased <, 525 Housel, Mrs. Chas. E., appointed delegate ^ 560 Housing law, in second class cities, emergency messiage 497 time of taking effect, message on 144 veto of bill amending 211 Howard, Wesley 0., appointed delegate 567 designation as associate justice. Supreme Court 580 Howe, William A., appointed delegate , . . . 535 Howland, Henry E., term expired 522 Howland, William B., term expired 551 Hpyt, Franklin Chase, appointed delegate 535 Hubbard, Mrs. Alice, appointed delegate 536, 564 Hubbard, Elbert, appointed delegate 536, 565 Hi^bbard, Tliomas II., appointed delegate 536 Huddleston, John Henry, reappointment 521 Hudson, see !New York State 1. raining School for Girls. Hudson Falls, extraordinary trial term of Supreme Court in. . . . 595 Hudson River State Hospital, amounts recommended for repairs. 766 appointment of managers 517 veto of certain appropriations for , . 303 Hudson \'alley Local Order of Moose, convention at Albany, Governor's remarks to , . • • 1479 Hughes, Frank J., deceased 508 Human life, value of, statement in annual message 29 Humphrey, Andrew B., appoi-nted delegate 541 Hun, Marcus T., appointment 554 appointed delegate 567 report on prison conditions,, , 983 Hunt, David H., term expired ^ ■ : ■ r ^*^ Hunt, William, appointment , ■>, - 523 Huntington, Archer M., appointed delegate .j. .,. . • . 536 Huson, Calvin J '. , . ■ •:-■.'..• • ■ ^^ appointed delegate ■ . ■.■.■,■ , ■ ■ ■ 564 Hydro-electric power bill, veto of / 295 See also Niagara River. Hyland, John H., endorsement as Public Service Commissioner . . 1239 Inauguration 5 Industrial Board (Department of I/abor) : associate members, appointment 515, 550 bill relating to. approved 453 Industrial colony for tramps, bill to repeal act providing for.. 776 Industrial Compensation Board, veto of appropriations for.... 409 Industrial code, violations of, bill relating to approved 453 Industrial Farm Colony, report of Committee of Inquiry 759 Industry, see State Agricultural and Industrial School. Infant Welfare Conference, Albany, address at. 14.36 IngersoU, Raymond V., appointed delegate . . 531 Ingraham, George L., appointed delegajtfe 567 Insane person, acquitted because of insanity, bill establishing status of 772 Insanity law, veto of bills amending , ,. .183, 201 Insurance department, report of Committee of Inquiry ........ 745 1540 Index ' ' , PAGJfi Insurance la-w, veto of tiills atneildiiig: ' '' assessment associations, organization 272 ' casualty policies '"..'.:.'. 32S corporations^ merger and consolidation. 323 employers compensation companies; 326 ' "■ ' life insurance corporations, agents 273 , life or casualty corporations upon asses.sment plan........ 321 workmen's compensation ......; ' 248 International Congress on Scli6 519 ( appointed delegate 536 Lehman, Irving, appointed del^a.te, 568 Leipziger, Henry M., appointed delegate 536 Lent. D. D., appointed delegate j . . . 568 Letchworth Village, amount recommended for repairs 769 appointment of managers : i. . 519 i r repdrt of Committee of Inquiry 760 veto of certain appropriations for. . > 311 Letter carriers, speech at dinner 1308 Leveen, Ira H., appointment 504 Levy, Jeflferson M„ appointed delegate. 528 I.*wis, Alfred G., term expired. : . .'■:•.-.■. ; '505 Lewis, Mary L., appointed delegate 545 Lewis, Price, removed from Oneida county. .. . . 559 Lien law, veto of bills amending j 326, 337, 347 Life insurance corporations, veto of bills relating to 273, 321 Lilley, E. A., appointed delegate. . . j .... :: . . 539 Lincoln, Mrs. Emily P., reappointment. .......;... 512 Lindsay, John D., appointment 554 Liiidsay , Samuel McCune, appointed delegate . . ; . 543 Lingley, William, Governor's conclusion not to interfere .• 1012 ■ respite granted to 1013 Grovernor refuses to further interfere. 1013 Liquor tax law, veto of bills amending 336, 842 Little Falls, paV^in^ streets, veto of bill amending charter 218 lobbyists, promoting special assessment bills, veto of bill legal- 'izing methods 179 tibckett, Mrs. Julia, appointed del^ate ;..... 5 drain under Erie canal, veto of bill . . 340 Loeb, Sophie Irene, appointment ., . . i . 554 Loeb, William, Jr., appointed delegate ■...-. 570 Long Island, establishment of State Normal and. Training :Schoolj veto of bill .....>....! 343 Long Island Agricultural School, report of Committee of Iniquiry. 763 College of Agriculture, appropriations for. ; . , . 360 State Hospital, appointment of managers. .. . . : . . . .'. . . .....'. . 517 conveyance of property, message rela/timg to ... , . 141 veto of certain appropriations for. . . . . J 304 Long Sault Development Company, special messages recomftiend-- ' ing repeal of cliarter >. ; . . . ., 40;' 110 bill repealing charter approved! . .' 459 emergency message 1 : . . 490 Lotus Club, New York, address ; . . 1250 Love, Frank W., appointed delegate. ' . . 536 Love, Maria, appointed delegate .'....' ....■..;..' 536 Love, Misify, appointed delegate i ..:•:. .....:. ... . .'. . ;. . 545 Lovejoy, Owen R., appointed delegate . . .542, 343 * 560 Lovell, Ross M., appointed delegate. . .........; 568 LoVell, William H., appointment. . '513 Low, Seth, appointed deleg-ate: ;....;. 536 Low, Mrs. Seth, appointed delegate. . : ; : 533 Luce, Robfert'L., resignation ; . ; • ■ 510 ' appointment 1 ....;....;.. I 524 Ludvigh, Elek John, resignation : . ■ 509 Lunacy Commission, see State Hospital Commission, Lustgarten, William, appointment,-. •' :........'. 557 Lynch, James M., nomination i ,,. ; . 1*70, 553 Lynn, H. Gordon, appointed to investigate State departments. . . . 652 Lynn, J. D., appointed delegate : . .• 568 Lynn, William A., resignation / ... i. ............;...;.... . 512 Lyon, George F., appointed delegate.-. . . ■. 568 Lyon, R. R., appointed delegate 568 Mabon, James B., letter from. ...:<; : ;. .'i. i .-. .;:...■ 1184 McAdoo, William G., appointed delegate! .'^vi'. •. 570 McAlpin, Edwin A., appointed delegate,, ,;.;'. {..■:..'■. .,....'..;..'•.. 570 MoOabe, Patrick E., letter fromi : . . ... .i.j'j. .■. , . , .....; ■.■'. . 1467 MoCall, Edward E., appointment .;:. j. .i.,. j 511 resignation :■,.' , '. 325 McCarriagher, John W., appointment 516 McChesney, Calvin S., appointment 506 MoClary, Martin E., resigned , 553 MeClella,n, George, resignation ii..i,. ; ..i 524 <, I ! (appointed delegate, ..■....■,...... ,..:.. .... 528 MoConnell, Benton, deceased ,....,..,.... 553 MeCord, Henry T., appointed delegate » , ,,,., 529 McCully, Robert B., appointment.,; ;_. ,,...,,...... 507 McDermott Contracting Company, claim lOf, vetp. of bill,. 225 McDonald, John F., appointed d.elegate. .....;......,...„., 529 Ma/cDonald, William S., terra expired , , 516 McDonough, John T., appointed delegate , 543 McDowell, William O., appointed delegate 569, 570 Iitoe'x i54S PAGE McGarr,- T. E., appointed delegate '. :.....:...... 545 ■McGarvey, John, appointed delegate. 530 McGuire, Frank J., appointed delegate: .....,:...'.... 529 McGuire, George H., appointed delegate : :..'.. i. ... , 529 report on highways. ...'......:.. :'.'.! , 932 McGuire, Horace, appointed delegate 544, 559 'McGurk, Henry, claim against State, veto of bill 229 Machinery, employees operating, bill relating to ^.pproved . . . . . . 439 Mack, John E., appointment. '. 558 Jlack, Mrs. Norman E., appointed delegate. ; ... 536 Mack, Norman E., appointed delegate. . . . .:' :'.... 532, 536 M«KeIvey, Lawrence B., letter to : . , lieS letter from : ;,..... 1171 JlacKenzie, John, appointment '...'.'.,... 507 Mackin, Sarali S., appointed delegate. ......:..'....;....' .'.".^ . . 541 McKinstry, Willard D., appointed delegate. .': .''. .'; :{. ■ . 5;32 'McLaughlin, Chester B., appointed delegate I . . .'. .''.''.J.'''.'''. . . 56j8 IVIcLaughlin, George, appointed delegate. '.."..; 1 '.,' '. . . . 545 McLaugJilin, J. T., appointed dfetegaite .' . '.'..:. .". . . . . 540 McLean, Arthur A., appointed delegate '.'..V 529 McLennan, Peter B., deceased....'.".'.'.'.'!'..'.. '.I 525 MAMahon, John D., appointed delegate 568 McMantis, James, telegram from 10i92 McMuUen, J. H., appointed delegate , ' S62 McNally, Joseph T., appointed delegate: ; ' 532 Macy, V. Everit, appointed delegate 531 Madison county, coroner, appointment '...'. . . 507 county judge and surrogate, appointment 524 Maher, .James P., appointed' delegate. . .'...,..'...'. 527 Maine Memorial Monument, New York City, address at unveiling' of 1396 Cuban troops to participate in inauguration of ; . 1218 Maleady, R. E., appointed delegate '. 540 Malignant Diseases, Institute for the Study of, report of Com- mittee of Inquiry '. 1 ; 704 Malone, Lieut. Paul, appointment 502 Malone, armory, addition to, veto of bill ; i J ..'.'. '. 348 Manco, Andrea, case of ^ . . '. . I .'..".". 1033 Mandel, Edward, appointed delegate : '.*".'.'.''.'.' ' 536 Manhattan State Hospital, appointment of managers ... 516 veto of certain appropriations for '; . 306 Manning, Albert, appointed delegate. . ."'. .".".! ....... .526, 538 Mannings David F., appointed delegaite; 1 .'; . . . :!'.!' .'. . . . . 568 Manning, James H., appointed delegate. 545 Manning, William H., appointed delegate 538 Manning, Rev. Wm. T., appointed delegate ; 569 Mantello, see Miantelli. Ma,rine Fisheries Bureau, veto of appropriation for ......... .370, 400 Marine Fisheries, Commissioner of, bill relating to. 771 Marinessen, William, relative to request for extrAdition from • Holland ;:'::.'.:....'./.....:;■.'..;....;■.. 1022 Marketing and Farm Credits, National Conference on, appoint- ment of delegates ..." 538 Marks, Marcus M., appointed delegate i .536, 541 ^faronoy. Rev. R. M., appointed delegate 562 Marquand, Katharine Cowdin, reappointment!'. '.' '' 520 1546 Index FAOE Marshall, Louis, appointment , ; . .,olr5, 549 appointed delegate .., ,,. 568 Ma-rtin, Mrs. Clarence A., appointed delegate , 536 ,!M[ason, John A., term expired. .,,.,..■ , .„ . ....... 50i Matteawan State Hospital, Superintendent, state^nent, concern- ing appointment of • 852 statement concerning the resignation of 864 I , veto of appropriations for.. ., 307 SlawveH, William li'., appointed delegate , 531, 536 May, James V., statement concerning appointment as. superin- tendent of Matteawan Hospital .., 85'2 May,. Mitchell, letter from '. 1202 Mayhew, Jas., appointed delega,te 563 Maynard, William H., appointment ,. ,,, 55'! Mayo, John B., appointed delegate .,,..: 568 Jilayors, New York State Conference, speech, at dinijer 1275 Mead, Charles L., term expired. ,,. .,,,.,.•.,,., olo ]Vledal of silver, presentation to Governor ^ 1227 JVledical Education and Legislatiq^^, appo^intment of delegates to conference on : 526 Medina, charter, veto of bill amending 233 Jt^embership corporations law, bill ,ai)iei)dliig approved 421 Memoranda on approved bills, see Approved bills, memoranda filed with. Merrell, Edgar S. K., designation as associate justice. Supreme Conrt u, 585 -, „ appoi'nted delegate 568 :M,erriman, Mrs. Sheldon E.,, appointed delegate 536, 560 Merritt, Edwin A., Jr., appointed delegate , ■ ■ 528 Message, annual: - , ' agriculture 34 child life, protection 30 civil service 33 conservation 28 cost of living 27 debt. State 24 direct primaries 28 economy of State officers 37 :,■ , electoral reform 27 . , finances 22 home rule 36 human life, value of 29 investigation of State departments 38 labor ..... 32 1 aw reform 33 legislature 21 municipal museums 32 reports of departments-.., 23 roads and waterways 3.i safety ^t-^ndards 31 . S'enators in Congress, direct election 25 sinking funds. ,. 24 State 21 ta?;ation , 37 woman's suffrage ; 27 workmen's compensation laws 30 Index 1547' ■'■- ■■ ■■' PAGE Messages, eraer^fency', With bills relating tb: appropriation bill 490 ;; Architect, Slate, depai-ttneht of v. . . , 492 ; ' • Banking law, bill amending 488 ' barge canal terminals. . . ; 49.1 bonds, State, rate of interest on 48'? Business law, bill' amending . * 487 'I canal debt, payment of interest on., . . 492 ■ ; County law, bill amending. !'.;.. 490 ' ' courts, acts to simplify practice in 491 \ Direct tax law '..'.;.. 49a •^ ' Emancipation Proclamation, anniversary. 491 • * ' Franklin county, bonds for highways - 489 highway improvement, appropri'ations. . . .'I'l " 489, 490, 492 Highway law, bills amending. 48'9, 490, 491 '*;' jurors, selection. . .....:;:'.;...■. '.'.''.'. .■,'...... '491 [['"' ] Labor law, bill amending 489 Long Sault Development Company, repeal of bill incorpo- ■'■'• .rating ...;.':....... '. 490 motor vehicles, bills relating to. .'.'Iv. 489, 491 [ New York charter, bill amending.', .'i' 489 Niagara river, waters oi.'. : . . . 491 Penal law, bills amending, stock ' exchanges 487, 488 Public health law, bill amending'.'. 487 Public service commissions law, bill amending '. . 489 State institutions, appropriations for 492 ■ stock exchanges, bills relating to 487, 488 Supply bill 490 Tax law, bills amending. . 487 taxation, direct tax law 492 taxation, stock transfers 488 telephone and telegraph lines 489 Messages, emergency, to extraordinary session : appropriation bill ; 498 Architect, State, reorgatiization of department 498 cities, second or third class, government 498 constitutional convention 498 Housing law in second class cities 497 prisons, new ....;.'......./ ' . . 498 Public buildings law, bill amending. 498 Tax law, bills amending .' . 497 taxable transfers . :'. ; 497 Messiages, special, relating to: agricultural education and country life advancement 78 Committee of Inquiry, transmitting report 89 . Conservation Department, reorganization .•■. : 108 conservation of natural 'resources, i . . . . . 40, 94, 1.10 election laws y. .:.... -. '. . 101 ' ■ fire insurance, revision of standard policy -50', 69 Highway law, amendment '. lOS Long Sault Development Company, repeal of charter.. ..40, 110 Niagara river, waters of ; . . .' 94, 110 Primaries, direct ^ . 101, 117 Printiiig Board, establishment. .......: 106 public health, findings and recommendations of special com- mission ':....;....;.... ........... 80 1548 Index Messages, special, relating to — Continued : page Public Health Coramissipn, dra^ft of jbill to carry into ejffect . , recommendation .,, . ' 88 , Statutory Consolidation Board, trangmittiiig report, ', 45 , . stock exchanges ,,.,;;,,., 55, '•■, 113 United States Senators, direct election. 39 Messages to Extraordinary Session: ; Architect, State, reorganization of, department .( 158 .bakeries, law relating to ,.i...,. ,...,,....., 156 . Brooklyn, proposed terminal railroad,, . , --,,-■ ■,• ■ • • ■••. 153 i ,,city charter bill, optional. ................ i ...'...,.....,. .,., 161 Cohalan, Daniel ^., charges against. . .' .,.-,........ 154 constitutional convention „. .,, ,,.,|. . ., 138 direct tax . .,./;!„....' ; . ,147 , Highway Department, contracts............ 144 : .J Housing law ,.,. ....,,..., , ,, 148 ; Long Island State Hospital, conveyance of property 141 . , oyst( r beds, exempt from sanitary inspection . , 150 prisqns, Iegi3la,tion to relieve conditions in. , , , , ,,j 163 , . sumiiiary of legislation, messages, and appointments 166 , 'lax, law, repeal of certain amendments, . . . . ; , ^ 135 : toll bridges crossing canals... ...... j .. i 151 Transportation corporations law, amendment 153 Messages to Extraordinary 3?ssion, .Y.eto messages: canals, bonds for improvement.,..,.,,, ,212 ^.Election law, amending. ...;... i ............. .207, 208, : 210 • Housing law, amending. ,..••, ■ 211 primaries ,., (.,.. 207 ; toll bridges ■ 212 -Messages, veto, see Vetoes of bills relating to. > i .Metz, Herman A., resignation , . ,. ,510 appc inted delegate 528 Meyer, James G., resigned 555 Miantelli (Mantello), Vincenzo, commutation, of sentence 1004 Middletcwn, veto of bill providing for charter.. > 342 Middletcwn State Homeopathic Hospital, appointment -of man- ager 515 veto of certain appropriations for. . . , ., .305, 392 Milan, Thomas, appointed delegate ; , 540 Milbank, Dr. W. E., appointment on Public Health Commission, statement by Governor . .^ ....,...; .; , , 607 . appointed delegate 536 Milburn, John G., appointed delegate 536 Miles, Chas. A., telegram from 1087 Military secretary, appointment. , , 501 Military staff, appointments ,. .i., ...,,.. .. , 501 Militia, 'see State militia. Milk, adulterated, bill relating to, approved;.,. .. . ,,, . . . ., 460 Milk, control of production and handling, appointment,, of dele- , gates to conference. . . , .,.i.,.,. .> ; .,, „. ., 626 Millard, Frank V., reappolintment ...i-. ,,.,.. ,, 604 Miller, 'Charles. E., appointjnent . , .i .^ ., . . . ., , , 507 Miller, Harry, see Lingley, William. Miller, Jacob W., appointment , , 556 Miller, James Alexander, appointment. ..... i ,. .i. . .965, 969 Miller, Nathdn L., appointed delegate. ,. . . ..,i„i,,. . . .' 568 designation as associate judge of Court of Appeals. . . , 574 revocation of designation as associate justice of Supreme Court 573 Index 3,5,49 .._,. . PAGE Miller, Rw. Ojaf E., appointed delegate 545 Millerton normal school, establishment, veto' of hill. ...,..,.,.... 345 Mills, Frederick H., conclusions pf Committee of Inquiry .' ....... 835 statement concerning ........ . '.'. '. 850 Mills, George F., appointment 507 Mills, Isaac N., appointed delegate ......,'...'. 568 Mills, William Wirt, appointment, , _ 558 Minetto, construction of bridge over Oswego rivijr, veto of bill. . ' 349 Mineville, relative to labor troubles at. ,,.... .' lOSl Mitchell, Bert R., appointed delegate , . . . . '. , 545 Mitchell', Chiarles C., appointed delegate '. 527, 565 Mitchell, Francis B., appointed delegate... ..'.,,..,. 5,'33, , |5(i4 Mitchell, John, appointment as Labor Commi^sione,!-. ,..,,.... . ','514 , appointment declared illegal. !.........,..........„..,_ . 514 li'fiiility of appointment as Ijabor Commissionor, extraordi- nary term of Supreme Court regarding !....... 589 appointed delegate 5^6, 54rf, , '. S43 Mix, Elizabeth D., appointment. '. .' 524 Mpadingev, Charlea F., Jr., reappointment 503 Mo-hansic State Hospital, appointment of managers 517 . pollution of water. . 1138 , J report of Committee of Inquiry . . ,, , 761 , , , veto of certain appropriations for! '. ,, , . . . . . 306 Mohawk river, bridge over,' at Yisclier's, Ferry, veto of tiill. .... '.\ '341 . Mollen, Margaret, veto of bill relatiiig to. application of ........ 263 Monroe county purchasing agent, appointment 506 Montague, John C, appointed delega,te 561 Montgomery, Mrs. Wm. A., appointed delegate 536 Mpnument to the S5th N,ew,yprk Volunteer Cavalry, members of commission to provide for, appointment 556 Mopney, Jos. F., appointed delegate 545 Moore, Hon. Fi-ed, appointed delegate 56l Moore, J. Manning, appointed, delegate , .5,36 Moore, John, appointed delegate ' 532 Moran, Eiigene F., appointment 556 ]Nf opcjiauser, Joseph, appointed delegate 568 Morgan, Anne, appointed delegate 542, 543 Morgan, J. Pierpont, Jr., appointed delegate •■••,■ ^"^^ Morgan, Mary L., 'appointed delegate 536, 560 Morgenthau,, Henry, appointed delegate. . . . .^ , ••5'3?) 540, 568 Morgenthau, Henry, Jr., appointed delegate ".'.'. i'. . .526 564 Moriarty, Edward T., resignation . . . . . ...... 516 Mpriartyi John L., claim against State, veto of bill. ..'..''.'. |224 Mofrell, Rev. H. Philbrook, appointpd delegate. ...'..' '. 533 Morrison, David A., reappointment 513 Mpri^isville, Sta,te school of agriculture, veto of appropriations. 390 Morse, Arthur W., apppintment ••■••: 505 Mortgages, taxation, veto of bill amending Tax law 346 Moiton, Rosalie Slaughter, appointed delegate 536 Moslier, Howard T., appointment 970 Moskowitz; Henry, appointed delegate '. . . .540, 545, 560 Moss, Rev. W. H., appointed delegate 1 ! 562 Mdtliers' pensions, commission to inquire into subject of, ap- ' ' " " pointment of members , , ,. 564 Motley, R. M., appointed delegate .'. 564 Motor vehicle law, enforcement of 1202 1550 Index Motor vehicle legislation, New York Commission in relation to, appointment of members 657 Motor vehicles, bill relating to, emergency message 489, 491 special message relating to 109 tax on, bill increasing 770 tax, report of Committee of Inquiry 689 veto of bill to amend Highway law 354 Mott, Frank H'., appointed delegate 536 Mott, John T., resignation 303 Mott, Luther W., appointed delegate '528 Mount-Pleasant, Frank, appointment 523 Mount Vernon, comptroller, annual report, veto of bill 220 lighting of business district, veto of bill 279 Moynilian, F. T., appointed delegate 568 Mulraney, John, application for executive clemency lOOio respite granted to 1008 'letter to Charles S. Whitman concerning 1009 denial of application for clemency 1010 Mulry, Thos. H., appointed delegate 544, 559 Muncie, Elizabeth H., appointed delegate 542 Municipal Government Association, speech at dinner of 1275 Municipal law, bill amending approved 449 veto of bill amending 342 Muiiicipal museums, statement in annual message 32 Munro, John I., claim against State, veto of bill 224 Murphy, James T., nomination _. 170, 552 Murray, Stephen, appointed delega,te 540 . Murrell, William, appointed delegate o&^ Murtaugh- Jackson bill, remarks to delegation concerning 1306 Musehenihe'im, W. C, appointed delegate '.,'. 537 Myers, John C, appointment 508 Napanoch. skc. Eastern New York Reformatory. Nassau county, cemetery corporations, formation bill relating to, approved 421 correspondence on race track gambling 1159 Nathan, Mrs. Frederick, appointed delegate 533 Nfitional Child Labor Committee conference, appointment of delegates . 530 Na.tional Conference of Charity and Correction, appointment of delegates 559 National Convention of the Forward-to-the-Land League, ap- pointment of delegates 564 National Democratic Club, celebration "of birthday of Thomas Jefferson, address at ^banquet , 1302 National Education Association, appointment of delegate 5C1 National Guard, reinstatement of John F. O'Ryan as Major- General '. 502 report of Committee of Inquiry 721 veto of bills relating to 322 National Guard Association, address at dinner 1245 Niivigation laws, bill amending 771 veto of bill amending 354 Negro Educational Congress, appointment of delegates. 561 ?i[eu, Jacob, appointment '. 509 New Castle, highways, veto of bill 338 Index 1551 PAGE New City, extraordinary trial term- of Siipreme Court in >5'9'3 New Roclielle, annual estimate, veto of bill amending charter . . 287 collection of unpaid taxes upon real property, veto of bill. 347 fire department, pension fund, veto of bill 182 speerih on direct primaries 1443 valuation of real estate, veto of bill 247 New York (city) : ' anniversary of Emancipation Proclamation, emergency mes- sage 491 Bronx, railroad stations on steam railroads, veto of bill . . 264 Brooklyn, escheated lands, veto of bills relating to. ...... . 234 address on direct primaries 13&8 proposed terminal railroad, message relating to....... 153 Union bank, claims of depositors and creditors, veto of bill . : 327 Brooklyn and Queens' boroughs, boulevard, veto of Will 351 claims against city, veto of bill 221 ■Cooper XJnion, speech on direct primaries 1451 county and borough officers, payment of expenses for medi- cal treatment, veto of bill 318 court of general sessions, reinstatement of attendant, veto of bill 329 court of special sessions, clerks and deputy clerks, veto of bill 274 criminal courts, removal of probation officers, veto of bill . . 255 damages, time for filing claims, veto of bill 285 damages to real property, powers of board of assessors, veto of bill 254 digest of statutes affecting, veto of appropriations for 378 employees, retirement of, veto of bill 314 fire department, case of Saul J. Rosenthal, veto of bill 2Y4 two-platoon system, veto of bill 2S3 firemen operating steam boilers, veto of bill licensing 288 health officer, bill increasing fees 776 report of Committee of Inquiry 696 horse cars in, veto of bill to abolish 241 hospital near, proposed, report of Committee of Inquiry . . 762 justice of city court, appointment 524 ; justices of dity court, veto of bill relating to 285 Maine Memorial Monument, address at unveiling of 1395 Cuban troops to participate in inauguration of 1218 Manhattan, borough of, acquiring property for bridge pur- poses, veto of bill ..... ;^ 275 Niblo's Garden, address on direct primaries 1385 patrolmen, health and effidiency, veto of bill 278 police commissioner, answer to charges against 829 Star Casino, address on direct primaries 1378 straphangers, statement regarding relief for 1049 street surface railroad tracks upon the Bowery, veto of bill. 237 teachers, removal of Augusta Frank, veto of bill relating to. 2.')3 New York (city) — charter: bill amending approved: relief of destitute blind • 438 bill amending, emergency message: stage or omnibus routes 489 1552 Index New Vork ( city ) -^ charter — Continued : page veto of bills amending: aldermen, board of 255 American Museum of iSaf ety 28'1 assessments for local iiliprovements 276 board of education .' ; 348 powers of investigation by president of 348 powers with respect to custodians and custodian engineers ; i ..... : 275 reports by 349 salaries of employees 254 Brooklyn, municipal court i 253 municipal court justice ..';.; 253 buildings, bureau of, board of exam'iners .':'. ...... 335 College of the City of New York, receiving bids for. '. . . 318 commissioners of sinking fund, powers over certain property ;..'...... :.....,;. 333 construction of tunnels, erection and operation of ele- vators and escalators 333 coroners' physicians . 318 dance halls and ball rooms, regulating and licensing. . . 274 department of public welfare 285 employees, leaves of absence without pay 275 retirement ":■'. 280 employment of 'inmates in correctional institutions... 31!> fire depaHment pilots i .. . 280 > relief fund '. . : : 255 telegraph service 255 uniformed force 254, 256, 275, 319 fire marshals, assistaint 255 journeymen plumbers ' 334 municipal explosives commission 334 newspapers and periodicals, permits for sale of 334 normal coUfegb, teachers' retirement fund 31:3 police commissioners, appointment of extra deputy .... S! 4 police department 253, 255, 27"> police force and fire department, charges against 342 president of a borough, qualifications of assistants.... 254 Queens county jails, employees 253 retirement of officers, clerks and employees 280 school books, disposal of discarded 334 teachers, changing conditions annexed to salary sched- ules of .; 348 teachers' staffs, salaries of members 333 water front property, repair and maintenance 280 water meters and repairs 255 New Vork (county), salary of stenographer, veto of bill 316 Xi'W York Agricultural Experiment Station, appointment of trus- tees oO.! building, veto of bill : . 353 Now York Commission in relation to motor vehicle legislation^ appointment of members 537 New York House of Refuge, Randall's Island, amount recom- mended for repairs 768 New York Monuments Commission, a]:ipointment of members.. 500 Kow '^'ork iState ColU-t>'(> of Agriculture, Cornell University, re- port of Committee of Inquiry 713 veto of bill relating to 339 PAGE Xew York State College of Dentistry, veto of bill incorporating. . 235 Xew York State College of Forestry, Syracuse, appropriation for. 360 bill relating to, approved 470 trustees, , appointment ! . . . . . 515, 549 report of Committee of Inquiry. . .1'. ...... .1 ..... 719 Xew York State 'Commission for the Blind, appointment of members .". ....:.. . /. . '.'. .'. .... 555 Xew Y''ork State Custodial Asylum for Feeble-Minded Male De- linquents, selection of land as sites, veto of bill .............. 332 Xew York State Custodial Asylum for Feeble-Minded Women, X"eWark, amount recommended for repairs ,....'. 768 appointment of managers '.'....:... ^ ■.'" 523 veto of certain appropriations for ;.;..: .".'" 311 Xew York State Hospital for Crippled and Deformed Children, West Haverstraw, amount recommended for repairs ...... 769 appointment of manager ^.' 523 veto of cfel-tain appropriations for ; '. 312 Xew "York State H'ogp'ital for the Treatment of Tuberculosis^ Ray Brook, amount recommended for repairs. . 1 . 768 appointment of trustee ■ • ■ ■ ; '■'■''•,':'■■ ^21 noftiihation of trustee '.'...'.. 553 veto of certain appropriations for. 311 Xew York' State Institution for Feeble-Minded Children, Syra- cuse, amount recommended for repairs 769 appointment 6f manager 518 Xew York State Library, appropriations for books. . 706 branch in the capitol, veto of bill 343 Xew York State Nautical School, in relation to 1173 maintenance and government, bill approved 444 members of board of governors, appointment 566 Xew Y'ork State Reformatory, Elmira, amount recommended for repairs '.'.'..... 767 veto of appropriations for 310, 396 Xew York State Reformatory for Women, Bedford, amouiit recommended for repairs 767 appointment Of managers 520 veto of appropriations for 308, 396 Xew York State School for the Blind, Batavia, amount recom- mended for repaiirs . 767 trustees, appointment 524 Xew York State School of Agriculture on Long Island, appoint- inent of trustees 504, 558 Xew York State Soldiers and Sailors' Home, Bath, amount recom- mended for repairs . . 767 apjiointment of .trustees 520, 553 veto of certain appropriations for '. 309, 395 X( \\' York State Training School for Boys, appomtment of mana- ger '. 521 amount recommended for repairs. . . . ^ 769 fees of commissioners of appraisal, veto of bill 350 polltit'on of water. • ■ ■ •, 1138 Report of Committee of Inquiry 760 ■ veto of certain appropriations for 312, 397 Xe«' York State Training St-hool for Girls, Hudson, amount recommended ' for repairs '.' ! 707 appointment of managers i , . 521 veto of certain appropriations for i 30S, 396 1554 Index FAGE Xew York State ^^"oma)l's Relief Corps Home, Oxford, amount recommended for repairs 768 appointment of manager 523 veto of certain appropriations for 311 Xcwark, see New York State Custodial Asylum for Feeble-JIinded Women. Xewbold, Catherine, appointed delegate 560 N'ewburgl], assessment tor sewer, veto of bill. 315 Newell, Edgar A., term expired , 552 Newspapers, discriminations for publication of session laws, etc., veto of bill , 294 Xewton, Charles D., appointed delegate ...,....,., 568 Nefwton, Howard D., terra expired ''.'I'i 505 Newtown Battlelield Reservation Commissioners, appointment! ' . 513 Niagara Falls, veto of 'l)i|ls: ^ bond issue for city hall 277 boiids for school, legalizing. 227 liremcn's relief and pension fund. . 218 grade crossing commissioners, duties and powers 246, 317 policemen and rate of interest of school bonds 218 policemen's relief and pension fund 221 , strieet lighting 246, 317 N iagara river, control of water power in 1061 legislation relating to waters of, emergency message. . .'~ . . 491 special messages 94, 110 Niagara State Reservation, nomination of Commissioners...... 551 veto of appropriations for. 405 Nichol, Andrew J., appointment 551 Nicholas, William, commutation of sentence 1005 Nichols, Paul, appointment. '. 550 Nicholspn, Geo., appointed delegate 560 NicoU, De Lancey, appointed delegate 568 Niver, Lieut. William A., appointment 502 Noble, Henry Harmon, appointment 554 resigned 553 Noble, William N., appointed delegate 568 Noe, Frank, appointed delegate 540 Normal and training School on Long Island, establishment, veto of bill 343 Normal School at Millerton, establishment, veto of bill 345 Normal schools, salaries of teachers, veto of bill. 350 Norris, Elliott B., appointed delegate 526, 565 North Tonawanda, burying ground, removal of bodies, veto of bill relating to 221 charter, veto of bills amending .220, 221 Northern Bank of New York, reply of George Van Tuyl, Jr., con- cerning charges of F. D. Cameron 796 Xorthrup, Fred, appointed delegate 540 Norton, George L., appointment. ,, 556 Nottingham, Edwin,, appointed delegate .,, 568 Nutting, Mary Adelaide, appointed delegate 537 appointment on Public Health Commission, statement by Governor 606 Oaths, taking of, by justices of the peace, veto of bill 230 Oberlander, Alexander E., appointed delegate, . 545 Obcrlander, Mrs. Alex. E., appointed delegate, , , 545 Index 1955 '' ,^> PAGE Oberlandor, Charles, appointment i . . . . . 855 report on prison eonditions -...., ::.:.. 9«3 Oberlauder, \A'alter B., appointed delegate ; 545 O'Brien, H. J., appointed delegate 540 O'Brien, James H,, appointed delegate. . i . , . i 528 O'Brien, T. H., letter from •. ^ ...;. .:. 1109 O'Connor, Mary L., appointed delegate ;. .L'.ui. j\ ...:■ 561 Ogden, Henry Neely, appointment sr..; ... i.!. J . . . . S57 OgJen, J. P., letter to i. 1109 Ogdensburg, bonds for local improvements, veto of bill, ii 247, 320 veto of bill amending eliarter 280 Oglesby, Woodson R., appointed delegate : i .; 528 O'Gorman, James A., appointed delegate 527 O'Hanlon, John if., appointed delegate 540 O'lTara, Edward II., appointment 5,15, 550 appointed delegate 532 Ohio, proceedings of board of assessors, veto of (bill legalizing. . . 324 Oliio floods, relating to 1189 proclamations relating to 12 O'KeelV, Michael, claim against State, veto of bill 225 O'KeeJfe, Richard, appointment 511 Olean, veto of bill amending charter 300 O'Leaiy, Dennis, appointed delegate. . 527 Olmsted, John B., term expired 511 Omnibus vetoes 313, 327, 338, 344 Oneida county, coroner, appointment 55S jails and prisons, bill . relating to approved 441 sheriff, bill relating to salary, approved. 441 Oneida Xation of Indians, claim of, veto of bill. 225 Oneonta, veto of hill incorporating ; 190 Onondaga county, construction of bricls pavement as part of route number thirty-four, veto of bill. . 351 Onondaga Indians, appointment of agents , 512 Optional city charter bill, message recommending enactnfient . . . . 161 Orange county, address to delegation from, concerning State road 1235 O'Ryan, John F., reinstatement of, as Major-General of Natioilal Guard 502 Osborn, Henry Fairfield, appointed delegate 537 Osborne, James W., appointed delegate 568 Osborne, Thomas Mott, appointment 970 appointed delegate 5f2, 543 O'Sullivan, Michael, claim against Brooklyn Heights Railroad Company, veto of bill 331 Oswego river, construction of bridge over, at Minetto, veto of bill. 349 Otis, Dr.. John C, appointment on Public Health CoinmiSSion, statement by Governor 606 appointed delegate 537 Overton, Frank, appointed delegate 537 Oxford, see Xew York State Woman's Relief Corps Home. Oyster bods, exempt from' sanitary inspection, message on 150 Page, Mrs. S. J., appointed delegate ;.'.'. 564 Page, Walter S., appointed delegate : '. 570 Palisades Interstate Park, appropriation for payment of interest on debt, veto of bill. . ... : 355 condemnation of real property for, veto of bill 301 P'alisades Interstate Park Commissioners, jlppoiintnleftt ' 512 appointment of commission to investigate 941 1596 ! Index : ; ./■, PACE Palmer, Caroline, disposition of real property bill approved 418 Pwdons, Brandt, Folks Bngel 1003 , veto, of bill amending Prison Law in relation to 314 Parkham, Sadie E., appointed delegate. 564 Parker, Alton B.. appointed delegate^^- ■ ■ 568. PaTker, Amasa J., appointed delegate .529, 568 ■I report on highways ^ . ; 926 Parker, Fred H., reappointment 508 Parker, George F., appointed delegate 537 Parker, Gteorge M., reappointment ^ . . . . . ;> 519 Parker, James S., appointed delegate 528 Paa"ker, Leroy, appointed delegate ; 541 Parkhurst, Rev. Charles H., appointed delegate. 542 Parks, Abiel B., appointment 556 Parks, report of Committee of Inquiry 733 Parrish, Samuel L., term expired 551 Parsons, Fay C, appointment 558 I'arsons, James A., letter from 1082 report on Auburn disturbances 1095 Partridge, Edward L., appointment. .■ 512 Patini, Grregorio, ease of 1024 Pa:tten, Thomas G., appointed delegate 528 Paulding, J. K., appointed delegate.- 531 Payne, Sereiio E., appointed delegate 528 Peabody, George Foster, telegrams to 1065, 1066 Peace Congress, World, appointment of delegate 570 Peace Palace at the Hague, dedication, apipointment of delegates tp 569 Pearsall, Francis K., appointed delegate. 568 Peck, Duncan W., reappointment 509 letters from 1186, 1196, 1198, 1200, 1201 Penal institutions, report of Committee of Inquiry. 722 P^nal law, bills amending, misconduct of officers of banking cor- porations ;..; 776 'bills amending, approved: cocaine or eucaine, sale or possession of 465 Labor Law, violations of 453 Sunday, traffic on .......... ! 454 bills amending, emergency message, stock exchanges. .. .487, 488 veto of bills amending : animals, destruction of diseased 261 labor of more than six days in a week 313 ., trade7mark9 ... . '. 322 Pendleton, Francis K., appointed delegate. 568 Penn Yan, repairs to the bridge over Keuka lake outlet, veto of bill .'. '. . : 346 Pensions: i mothers, members of commission to inquire into subject, ap- , , pointment , , . . ; 554 New York city employees ; 314 Normal College of the City of Xew .York, teachers, veto of bill : .":'; 318 savings banks employees, veto of bill .'■. 226 State charitable institutions^ employees, veto of bill 337 State hospital employees, veto of bill 201 . State prison employees, veto of bill 276 Index 1557 ■i..;', PAGE Perkins, Frances, appointed delegate ....,.,.._.,, 540 , Perkins, George W., appointment ,',',,,, ,|,\,j ... , ... , , 971 Perren, Gteorge E., term expired ,.,.....'!.,..!,'..,,..,...!. 524 P.eJfry's Victory Centennial Coinmissioh, appointment of mem- bers .,,.... 503, , 553 Peters, Rev. Madisoii C, appointed delegate. .^ 533 Peters, Nicholas M., appointment *' 510 appointed delegate ,|. . > . . !;•••, • ^'^^' '■ ^^^ Pheasants, open season for, veto of Jjill relating to... .••,•■: .^^l l^helps. Earl B., appointment . .. '. 965,, 969 Pliilbin, Eugene A., appointment ,..,...... . ., ,525 J'hillipse Alauor Hall, Yonkers, veto of appropriations for.,.'.. | ,371 Phillips, Cyrus W., appointed delegate . .'.'I .'. ...... j540 Phillips, Samuel K., reappgintment 558 Physical examination of employees, bill approved. . . . 448 Physicians, examining; veto of bill ,i ■ ,• •■ 337 Pilcher, Lewis F., appointment ...'...■., ,509 letter from ' 1225 Piatt, ChesterC, appointment . ,^501 Piatt, Edmund, appointed delegate. ., 528 I'lattsbnrgh, appropriations for the celpbrati|On of the battle of. . 360 Plattsburgh Centenary Commission, appointment of members. ... 553 Plumbing, corporations engagf!...... 1195 Port Jeryis, vetp of bill amending charter. .................. 180, 181, fort Levden, bridge over Black Rivei: canal, .vet9 of, bill!,., 340 Porl'of "Sew York, appointment of port wardens.'. .'.'. . , . '.'. . .511, ,514 report of Committee of Inquiry ,. ,.■., 704 Port of Mew York, health officer, veto of apprppriations for .... 388 Pprtchesier, election of a deputy receiver of taxes, veto ofbill. . . 266; Porter, Eugene H., term expired ,_......,. 516 appointed delegate 537 /. statement on his continuation in office. ,.' 1147 " .telegrams ;...'.'... , .. .1065, 1066 Porter, William H., reappointment. ......!... 512 Potsdam State Normal and Training School, reconstruction, veto . of bill ,.....,.,....:,. ...'.'. ,..'....'.!,'. 339 Potler, Zeuas L., appointed delegate. . '. . . ,'. . . . .... '.'.".. 531 I'otts, James H., appointed delegate. .' 532 Pp'ughkeepsie, charter, Veto of bills ainending:' , hours for holding special elections 335 : publishing ordinances and compensation of election officials '.:'.'.-: 335| salary of corporation counsel ."........ ' 333 ' extraordinary trial term, of Supreme Court in. ".'•,■ ,• ; •, •,;,,, 597 '.'"',' tuberculosis hospital, veto' of tiill'. . '.'.'. .'. /.".'■l^l'.'i\ .^. ..... .''.' "'.315 Poiijid, Cuthbert W., appointeil delegate! .!!...,;...., .,. . 568 Pratt, Anna B., appointed delegate. . /. . , . . ' ... 531 Pri(!e, James R., appointment .^.' , . 503 . letter from '. . : '. . .^ 'll83' Priest, George E., appointed delegate ' ' 532 Primaries, direct, special message. / 1 101 to extraordinary session .j. 117 , statement in annual message .Jv,, . .' . . .,,''. .',, 28 ■ * veto of bills .'. '. .'.'; . .'.'.'.. . .190, 207 1558 Index PAGE Primaries, direct, addresses on: Albany, Executive Chamber 1473, 1480 Harmanus Bleeeker Hall 1463 Brooklyn 1368 Buffalo auditorium 1324 Catskill 1403 Corning ." 1359 Democratic county committees, speech of chairmen of 1311 Elmira, in response to Rev. Father Bloomer and school chil- dren .- ;: 1352 Elmira College for Women 1354 Elmira Colonnade Theatre 1333 Glens Fails 1398 New York city. Cooper Union and Brownsville 1451 Nlblo's Garden 1^85 Star Casino ; : ! . 1378 Rochester .' '; ; 1426 Schenectady 1342 Stapleton , . . 1416 Yonkers, New Rochelle, and White Plains 1443 Prince, Samuel, appointed delegate 540 Printing, report of Committee of Inquiry 650 legislative and department, veto of appropriations for 379 Printing board. State, establishment, special message 106 Printing law. hill amending '. 776 veto of bill amending 354 Prison Assbciation of New York, letter on plan for relief of con- gestion at Sing Sirig Prison 1213 Prison Farm for Women, repbrt of Committee of Inquiry 759 Prison Law, bill amending. 771 veto of bills amending 276, 314 Prison reform, "appointment of commission 970 Prisons, appropriations, veto of 367 investigations, appointment of G. W. Blake 855 Auburn Prison, report on 867 Great Meadow Prison 856, 885, 985 reports and papers pertaining to 983 Sing Sing, report on 898 message, recommending legislation on 163 report of Committee of Inquiry. . 722, 769, 835 sales agent of department, statement concerning 850 Prisons Commission, bill relating to 771 commissioners, nominations ! . 5.52 veto of appropriations 367 Prisons, new, bill relating to 772 emergency message 498 members of Commission on, appointment 554 message transmitting report of Commission 163 report of Commission 973 report of Committee of Inquiry 723 Prisons, Superintendent, appointment 511 appointment of <3t. W. Blake to investigate 855 charges and specifications preferred against 841 letter from 972 order of removal from office 848 opinion of the Governor 849 Index 1559 PAOB Probation Commission, appointive member 558 bill relating to 772 Proclamations '. , 11 Black, Frank ,>., death of 11 Flag Day 17 floods in Oliio and Indiana. * 12 Legislature, convening in extraordinary session 16 tax law, repeal of chapfes 356 and^ 357 of laws of 191 S" 13 iPi'operty, real, see Real Property. 'Fros.pect Hill Cemetery Association, veto of bill changing date of meeting 197 Pryor, George L., appointed delegate 562, 563 Public Buildings Department, report of Committee of Inquiry.. 730 veto of appropriations for 397, 398 trustees, veto of appropriations for 397 Public buildings law, bill amending, emergency message. ....... 498 veto of bill amending 271 Public Health Commission 605 draft of bill to carry into effect recommendation, special message V 88 findings and recommendations, special message 80 recommendations 610 report ^ 609 Public Health Council, appointive members 557 Public Health Department, report of Comm'ittee of Inquiry .... 698 "Public health law, bills amending 776 bill amending, approved 466 bill amending, emergency message 487 veto of bill amending 316 Public lands law, veto of bill amending 346 Public Service Commissions: appropriations for, veto of 387, 388 commissioners', indorsement of certain persons as 1239, 1244 Committee of Inquiry, report on 695 First district, appointment of Commissioner 511 Second district, appointment of Commissioner. Ml letter to 1147 nom'inations 552 Public service commissions law, ibill amending emergency mes- sage 489 Public Works Department, report of Committee of Inquiry. . .699, 736 veto of appropriations for 406, 407 Public Works, Superintendent: appointment 509 inspection of docks and piers, veto of bill 3i54 letters from 1186, 1196, 119S, 1200, 1201 Pul'itzer, Ealp'h, appointment 507 Putnam, Harrington, appointed delegate 568 designation as temporary, associate justice, Supreme Court. 579 Queens county, district attorney, charges against 984 jails, employees, veto of bill 253 street surface railroads, construction on macadamized public highways, veto of bill 293 Quick, Simon P;, term expired 552 Quirk, R. R., appointed delegate '640 1560 Index PAGE Race discriminations, bill relating to, approved. 433 Racing, enforcement of law 1148, 1159, 1169 liafferty, William F., nomination '. 549 appointment 553 Railroad law, bill amending approved. Full crew bill : . .■. 424, full creM^ law, statements by Governor 1108 veto of bills amending: coalj carload shipments, diverting 328 conveyance of railroads and their franchises, . .i...r. .... .i 244 crossings , 338 Kings county, railroads operating between Flatbush avenue and Manhattan crossing, veto of bill , 323 New York city, stations in the Bronx 264 time of construction 328 Randall, Henry M., appointment 366 Randall, James A., appointment _i 523 Ransom, Elton T., nomination .169, 551 Ray, George W., reappointment ...:.... : '. . 506 Ray Brook,, see. New ,York. State Hospital for .Treatment of In- ., cipient Pulmonary Tuberculosis. Raymond, Lewis F.,, resignation 507 Real estate men, address at banquet .>.... 1265 Real property, making the State a party in actions affecting, veto of bill ). 345 - notice of certain sales, veto of bill .' . 315 Real property law, veto of bills amending: 324, 327 Ream, Norman B., appointed delegate 537 Redington, Lieut. George 0., appointment 5fl2 Redmond, Patrick, appointed delegate ; . . . ... . . .,. 545 Reel, G, Gordon, statement relative to removal; from oiiicei. . . ; j . . 832 notice of removal from office :;...;!...! 834 'Reformatories, appointment of G. W. Blake to investigate 855 members of State Board of Managers, nominations 549 Reid, William B., appointment 522 ReilTert, Edith, appointment. . 521 Reilly, Rt. Rev. Mgr. J. Li, appointed delegate 544 Remensnyder, Rev. J. B., appointed delegate 541, 569 Removal proceedings: Highways, Superintendent 832 Prisons, Superintendent 841 Schenectady; oounty, sheriff. . . . ; 7-89 order of removal 796 Suffolk county, sheriff 777 order of removal 787 Reporter, see State reporter. Reports, printed as legislativte documents, extra copies, veto of bill 354 "Reservations, report of Committee of Inquiry. . . . : 73S Reynolds, James B., appointed delegate : 537 ■Bhoades,; John, Harsen, appointed delegate 537 Rial, W. H., appointed delegate 543 Rice, Mrs. Wm. B., appointed delegate, . 56(V Rice, William Gorham, appointed delegate 543 Richmond county, sheriff, salaries of appointees, veto of bill 322 Ridder, Herman, appointed delegate 644, 559 appointment on Samuel J. Tilden Memorial Commission. . . . 507 appointment as Commissiioner of State Board of Charities. . 510 appointment as Superintendent of State Prisons 511 declined appointment 511 Index 1561 PAGE Rifle Range, at Blauvelt, statement in relation to ' 1045 Riggs, James, appointed delegate ; . . . , 537 Riis, Jacob A., appointed delegate . .' 533 Riley, John B., appointment on Prison Reform ■Commission 970 appointment as Superintendent of State Prisons 511 appointed delegate 544, 560 - letter from ; .* ■ 972 resjgnation as countygudge, Clinton county. 508 Riordan, Danic'l J,, appointed delegate :. . . 528 Riverhead, extraordinary trial terra of Supreme Court in ..... . 5fl4 Roads, see Highways. i- Robaoher, W^ilTiam W., term expired 520 bobbins, John Clinton, term expired . . j 551 Roberts, Rev. J. C, appointed delegate.. 561 Robinson, Mrs. Douglas, appointed delegate 533 Robyns, Joseph, appointed delegate., u 540 Roche, George T., appointment 518 Roche, William J., reappointment. ..;....,.., 505 Rochester, address on direct primaries ,;....,. 1426 , lerection of State armory, bill approved. ..480 grade crossing at Brown street, veto of ' bill abolishing.... . . 353 veto of bill amending charter 284 Rochester, Corning-Blmira Traction Company, veto of hill extend- . ing time for completion 343 Rochester State Hospital, amounts recommended for repairs. . . . 766 . ' appointment of manager ^ ....... ..; 518 . veto of certain appropriations for .i . . . 306 Rockland county, address to delegation from, poncerning State road .....'..........' 1 .tj. ......... . 1235 Roesch, George F., appointed delegate. ; ! . . 568 Rogers,_ Charles S., appointed delegate 560 Rogers, R. R., appointed delegate 537 Rogers, William C, report on Auburn disturbances 1095 IV supplemental report :■ 1096 telegram from : 1092 Rome, bridge fever Black River canal, veto of bill: . i 340 charter, veto of bill amending. . . .i. 218 Rome State Custodial Asylum, amount recommended, for repairs. 769 appointment of managers i t 521 veto of certain appropriations for > . .311 Romer, John L., nomination i 169j 551 Rooney, John Jerome, appointment / • . •. 510 Roosevelt, Franklin D., appointment. , .i.u../. 553 Root, Arthur G., appointed delegate .j,,ii..(.j. 537 Root, Elihu, appointed delegate. . . . , l.j.^u .,...! 527 Rosondale, Simon W., appointed delegate. . ... . .u.ji. . 1 . . .537, 544, . 559 Rosenstraus, Arch B., appointment , •, i.- 559 Rosenthal, Alexander, appointed delegate .....j 540 Rosenthal, Benjamin, case of i i 1025 Rosenthal, Saul J., case of, veto of bill : • 274 Rothschild, Daniel, appointed delegate; . 529 Roy, John H.. resignation 513 Royal, John M., appointed delegate 561 Rudd, William P., appointed delegate..! j. 5G8 Rudolph, Gerald K., appointed delegate .532, 537 Ruppert, Jacob, Jr., appointment. ..:..-. : 519 Rvisscll, Mrs. Edith L., appointed delegate ; 560 1562 Index PA.GK Russell, Mrs. Ethel G., appointed delegate , 560 Russell, Dr. John W., statement concerning resignation 854 Ryan, Jeremiah, appointed delegate 540 Ryan, William, appointed delegate 540 Rye, election of deputy receiver of taxes, veto of bill, 266 Sackett, Henry W., term expired 550 Safety standards, statement in annual message 31 St. Lawrence State Hospital, appointment of manager 516 veto of certain appropriations for 306 Saint Patrick's day. New York, speech at banquet celebrating.. 1280 Saloons, address to delegation protesting against bills concerning 1298 Samson, Bernard S., claim against State, veto of bill. '. . . 224 Samuel J. Tilden Memorial Commission, appointment of members 507 Sanbury, J. William, appointed delegate 526, 564 Sanders, Leon R., appointed delegate 568 Sanger, William Gary, resignation 508 Santa Clara, veto of appropriations for 402 Saranac river, veto of appropriations for improvements 408 Saratoga county, race-track gambling 116fl Saratoga Reservation, bonds, payment of principal and interest, veto of bill ' 346 veto of appropriation ; 198 Satterlee, Herbert L., appointment 555 Savings banks, bill relating to, approved. 416 pensioning employees of, veto of bill. 226 Sawyer, Samuel Nelson, appointed delegate , 560 Sawyer, William A., appointment 504 Sawyers creek, improvement, veto of bill providing for 339 Sayles, John, appointed delegate. : 569 Schenectady, city and ward boundaries, veto of bill amending charter 286 judiciary department, veto of bill 286 police pension fund, veto of bill 222 speech on direct primaries 1342 street improvements, veto of bill amending charter. 286 Schenectady county, sheriff, appointment 508 proceedings for removal of 789 answer to charges 790 appointment of Commissioner to examine into charges 791 opinion of the Governor 792 order of removal 795 Schermerhorn, Edward Gilbert, appointment 501 Schiff, Jacob H., appointed delegate 537 Schiflf, Mortimer L., appointed delegate. . 537, 544, 560 Schmidt, Nathaniel, appointed delegate 537 Schnitzer, S. Louis, appointed delegate 545 Schoharie State Sdhool of Agriculture, appointment of trustee.. 558 appropriations for 360 veto of appropriation 289, 290 Scholarships, for the aid of students in colleges, bill approved.. 442 School Hygiene, International Congi'ess, appointment of delegates 533 Schools, publication of notices of meeting, veto of bill 236 ventilating systems in, commission to examine and investi- gate 965 Schoonmaker, Daniel, nomination 549 Sehrieber, Anthony, appointed delejgate; 537 Sehultze, Paul L., appointed delegate 529 Index 1563 PAGE Schutrum, Charles L., claim against State, veto of bill 230 Schuyler, Louisa Lee, appointed delegate t 559 Schuyler county, coroner, appointment 508 Schuyler Mansion, appointment of trustees . . . , 504 Schwab, Joseph S., appointment 510 Schwarzenbach, J. E., appointed delegate , ft 529 Sconfietti, letter from, concerning Auburn disturbance 1088 Scot, Mrs. Clarence E., iappointed delegate 564 Scott, John, appointed delegate 540 Scott, Joseph r., charges and specifications preferred against... 841 order of removal from office , 848 „ opin ion of the Governor 849 removed from office, as Superintendent of State Prisons. ... 511 resigned, as member of Commission on New Prisons 554 Scudder, Townsend, appointed delegate 569 Seabury, Samuel, appointed delegate 569 Scager, Henry R., appointed delegate 540, 543 .Sjeajlers of Weights and Measures, address to delegation. . 1248 Secretary of State, report of Committee of Inquiry 689 veto of appropriations for 362, 372, 373 Secretary to the Governor, appointment 501 Sfiitz, Don C, appointed delegate 533 Scligman, Isaac If., appointed delegate 537 Senators in Congress, election by the people, special message. ... 39 statement in annual message 25 Session laws and statutes of the State, Commissioner to prepare index to, appointment 554 Sessions, Fred W., appointed delegate 538 Scvernc, Frank W., term expired i 524 Scwall, Rev. Chas. G., appointed delegate 560 Seymour, Capt. Charles R., appointinent 501 S'banahan, Wm. T., appointed delegate . . . . . ,. , 545 Shanks, Milo, appointed delegate J . '. 532 Sharp, Ira, term expired . .,..'.. .' 514 Shaw, H. L. K., appointed delegate '. ....'. 537 Slieehan, James, appointed delegate ^ 540 ^lieffield, William H., appointment • • • ^51 Siu'intag, B. L., appointed delegate '. '. 540 Siieldon, Edward W., appointed delegate 560 Shelter Island, maintenance of a certain dock, veto of bill 324 Slicnnan, Arthur Outram, reappointment.... 617 Sliermaii, P. Tecumseh, appointed delegate... 542, 543 Slullady, John R., appointed delegate 533 Shonts, Theodore P., appointed delegate 537 Sliortt. William A., terra expired '■ '■ 504 Silliman, James R., appointment '. 520 Silver service, presentation of, to U. S. S. New York, letter re- garding 1187 Silverman, Rabbi Joseph, appointed delegate 570 Simkhovitch, Mrs. Ma;ry K., appointed delegate. ...;.... 530 Simms, Rev. G., appointment 506 Simons, A. J., appointed delegate 563 Sing Sing prison, establishment of new State prison to take place of, report of Commission 973 present conditions 979 relief of congestion, ' letter regarding 1213 report of Committee of Inquiry 763 report of George W. Blake on 898 1564 iNbEk PAGE Singleton, Thomas W., term expired : 522 Sinking funds, report on, by Committee of Inquiry .361, 662 statement in annual message 24 statement regarding 1105 taxation for contributions to, message relating to :. .. 147 Sir Wm. Johnson mansion, vet6 of appropriations for. 406 Sirovich, William I.; appointmeiit . . .- .' ' ;...517, 554 Sfeson, Herbert S., appointed delegate.': . ....'. 545 Skwirsky, Alexander, case of '. 1037 Slicer, ReV. Thomas E., appointed delegate 533 Slowe, Mrs. C. S., appointed delegate'. V. . ',''.'_'.''■' 564 Smith, Alfred E., appointed delegate ;'...;. :':':V:; 540 Smith, Charles B., appointed delegate ':'. . i .':. . '.','1' ' 528 Smith, Francis P., appointed delegate 1 .... i ... .-;'. 544 Smith, George Herbert, term expired 518 Sinith, George Wilson, appointment; 507 Smith,' Matthew J., charges against : 984 letter from' .'!'.': .' .'.' . ! .'. , . . , '.* 1150 Smith, Nathaniel, appointed delegate .'...;' 54o Siith, Peter J., appointed delegate.. .!.....'. 562 Smith, Stephen, reappointment' . . ■.'.''.' ..;...; 510 appointed delegate : ' '544, 559 Smitli, Tlieo. B., appointed delegate •'..':. :.'.'" ' 564 Smith, \i alter Lloyd, appointed delegate 569 'Smollen, H. E., telegram from ...:... 1191 Sijifferi, John W., case of .'.*;': . . .'.'. 1026 Snow, Elbridge G., appointed delegate ;..;.■.,....'... 537 Snyder, C'. W., appointed delegate ..'..'...'.....' , '...'. 540 Social Insurance, American Conference oil, appointment of dele- gates to .:...;..' 543 Solomon, Henry, appointed delegate ..'..: ...:.,....... 544 .Spellman, J. 0., appointed delegate. 540 Spencer, H. A., appointed delegate. ..'..." '. 561 Sprague, W. B., appointed delegate. 537 Spratt, M. C, appointed delegate 569 Sp'ratt, Ihomas, appointed delegate. . 569 Squires, Albert J., appointed delegate 569 Stanchfield, John B., appointed delegate 569 Stapletori, Luke D., appointed delegate 56j) designation as temporary, associate justice. Supreme Court.. 578 Staplcton, address on direct, ^primaries, .,. 1416 State Agricultural and Industrial $'chool, ,:Iijdustry, amount \ recommended for repairs . .' 767 ,,- appointment of managers. ........; 518 , veto of certain appropriations fqr ...,,.... 310 State bpards and commissions law, veto of l^ill. amending... , . . . . 342 ^ta,te boards, commissions and departments, see specific n^mes of. .^ate departments, appropriations .,. . 358 1. ,. inyestig&,tion, appointment o;£ Committee , of Inquiry 652 . ' recomraiendation in annual message . . . . : .....,.,..., 38 report of Committee of Inquiry 653, 686, 770 ; .special message transmitting report of Committee of In- , , ; quiry 89 See also specific names of. State Fair, Syracuse, report of Committee of Inquiry - 764 State Fair Commission, appointment of Commissioner 514 report of Committee of Inquiry : 718 Index 1565 ;■" ' • PAGE state liosiJital Commission, report of Committee of Iiiquii'y. . . : . 727 veto of appropriations for. . 391, 392, 393, 394 veto of bill relating to :;..:■ 183 State Hospital Commissioners, appointment : .' . .' 5(J8 State hospitals, amounts recommended for rejpairS ....'/, 765 appointment of managers :........; .'* 5'lo appropriations '. '■ ' 359 ' veto of certain items '■ ■ '. ' 302 retirement of employees, veto of bill'. : 201 State House, alteration for use of Court of Appeals, veto of bill . . 3^8 State Industrial Farm College, appointment of ihanager 520 State institutions, report of Committee of, Inquiry 758 State institutions, appropriations ; . .358, 359 emergency message : 492 tire protection,, veto of bill 330 repairs, amounts i ecoraiTiended '. , 765 bill relating to '176 veto of '. ; 308 State Library, appropriation for books 706 branch in the capitol, veto of bill 343 Stale militia, claim for counsel fees and expenses, veto, of bill. . . 229 State office buildinirs, report of Committee of Incjuiry 764 State Printing board, see Printing Bpard, State. State prisons, see Prisons. State Reformatoi'y for Misdemeanants, appointment of managers., 51!) Stale reporter, veto of appropriations for . ; 386 Sta'..ionery and office supplies, report of Committer of Inquiry. . . 061 f:tatutory Consolidation Board, message transmitting report ,..45 Stauifer, D. McXeely, deceased , 512 fcstaver, Christian It., removed froni office 508 proceedings for removal of ......... 789 answer to charges :, 790 appointment of Commissioner to examine into charges 791 opinion of Governor - . , 792 order of removal 795 Steam vessels, inspectors, bill relating to. . . . .• i 771 Stegman, Col. Lewis R., appointment 506 Stephens, John B. M,, appointed delegate 537 Stern, Kugene W., ap.pointied delegate. ;;. . 529 report on highways ; ;...... 916 Stetson. Francis Lynde, appointment . ;.....' 553 Stevens, Frank W., retirement as cliairman of: Public Service Commission '. . 562 Stewart, (iilchrist, appointed delegate . . .' 563 Stewart. Walter H., appointed delegate 562 Stewart, William Rhineland(;r, reappointment 510 appointed delegate .544, 559 Stickles, C. H., appointed delegate ; 540 Stock exchanges, bills relating to, emergency messages 487, 488 necessity of remedial legislation regarding, special mes- sages ;........ 1'. . .55, 113 statement liy (governor : : 493 rofonns in; statement regarding bills. ..:..:......::. 1046 Stock transfer tax, message .' : ••,,■■'•' , 135 bill approved ....,.'..,...... 482 emergency messages '. ■ '. 487, 488, 497 1566 Index stock transfer tax, message — Continued : page proclamation relating to 13 recommended legislation by Committee of Inquiry 770 statement by Governor 1.5 Stocks, American can, activity of 1184 Storm King mountain. State road around, address to delegation. 1235 Stowell, ClUude V., letters to 1121, 1124 reply of 1122 Stracham, Grace C, appointed delegate .531, 537 Straight, Mrs. Willard D., appointed delegate 537 Stratton, Hubert C, term expired 505 Straus, Nathan, appointed delegate 537 Straus, Oscar S., appointed delegate 337, 541 Strong, E. H., appointed delegate 529 Strouss, ilugene M., appointment 508 appointed delegate 545 Sturdevant, James H., to act as Superintendent of Highways .... 834 Suffolk eounty, highways, veto of bill 336 sheriff,, appointment 508 charges against '. . . . 777 appointment of Commissioner 778 opinion of Governor 779 order of removal 787 treasurer, veto of hill 33!) Sullivan, Rev. Father Francis J., appointed delegate 531 Sullivan, James E., resignation .503 Sullivan county, coroner, appointment 559 Sulzberger, Cyrus L., reappointment 519 appointed delegate ...'... 545 Sulzer, Governor William, biographical sketch ; iii inauguration .'...;.... .5 Sunday traffic on, bill relating to, approved ..:...... 454 Sunderlin, Charles E., term expired 518 Supplies, purchase by State Board of Contract and Supply, bill relating to 656, 770 report of Committee of Inqu'iry 661 Supply bill, appropriations recommended by Committee of In- quiry • 678 emergency message 490 items vetoed 361, 372 recommendations of Committee of Inquiry 658 statements by Governor regarding 356, 358 Supreme Court, Cohalan, Daniel F., matter of charges against. . . 943 extraordinary trial terms: Carmel 596 H'udson Falls 595 New City 593 Poughkeepsie . . ; oW Riverhead 594 justices, appointment 525 Supreme Court, Appellate Division: First department, appointment of interpreters, bill approved. 452 publication of opinions of justices, veto of bill 20i3 Third department, extraordinary term, determining legality of appointment of John Mitchell as Commissioner of Labor. 589 Supreme Court, Appellate Division, designation of justices: Hotchkiss, Henry D.. First department 575 Howard, Wesley O., Third department 580 Index 1567 Supreme Court, Appellate Division — Continued : page Jenks, Almet F., Second department. , 376 Kellogg, Henry T., Fourth department, associate justice .... 584 designation revoked 384 Kruse, Frederick VV., Fourtli department, presiding justice.. 383 . revocation of designation . , 582 Merrell, Edgar S. K., Fourth department • • • • » 585 Miller, Xathan L., First department, designation revoked. . . . , 573 Putnam, Harrington, Second department 579 Stapleton, Luke D., Second department: 578 Woodvirard, John, Second department, designation revoked.. 377 Woodward, John, l^hird department •. 381 Supreme Court libraries, appointment of trustees 504, SOS, , 558 veto of appropriations .'.'384, 3So ^jj^sdorff, CJiarles A., Franklin B. Ware writes to, concerning- ,-.■ Great Meadow prison 886 Sutro, Frederick, appointment ; . . , , 512 Syracuse, acceptance by dedication of streets, highways and alleys veto of bill , 222 city and ward uoundaries, veto of bill amending charter. . . . 334 Department of Public Works, veto of bills 219, 246 storm water sewer system, veto of bill 279 Xaber, Marion R., resignation 519 Talbot, Mrs. Wm., appcVinted delegate 561 Talcott, Charles A., appointed delegate 528 Talty, John H., indorsement as Public Service Commissioner 1239 Tax, direct, see Direct tax. Tax Commissioner, appointment 510 Tax Commissioners, report of Committee of Inquiry 701 veto of appropriations for 366, 368 Tax law, bill amending, approved 482 hills amending, emergency messages 487, 497 message urging repeal of certain amendments 135 repeal of chapters 356 and 357 of laws of ,1913, proclama- tion and statement by Governor 13 veto of bills amending : appraisers, stenographers and clerks, appointment.* 328 collection of taxes i ; . j . ; . . . .■ 347 equalization by boards of supervisors 328 exemptions -. . . . ,271 mortgages, taxation ..i j i . !. .'■. 346 Xew York (county), stenographer, salary of 316 refund taxes on transfers of stock. ; , 243 special franchise property 347 SuflFolk county, treasurer 339 Tax Ijaw Revision Commission, appointment of members. :....., 557 Taxation, direct tax law. . . , ; '. ■. . . . 147, 354, 492 statement in annual message, v 37 stock transfers, message ; i ; 136 bill approved 1 1 . . i . :..... 482 emergency messages 487; 488, 497 Taylor, Benjamin Irving, appointed delegate 528 Taylor, 0. Q., appointed delegate ; 540 Taylor, David S., appointed delegate i. ... ... .5'32, 537 Taylor, J. Henry, appointment 506 app,, .,..., . . . , 351 sewer commissioners ,. . i^ 323 Towne, JHenry R., appointed delegate 537 'iownsend, Capt. Reynolds K., appointment 502 ■Townsend, William, resigned 555 appointed delegate . . 560 Tracey, Thomas, appointed delegate , ;..... 540 Trade-marks, veto of bill amending Penal Law in relation to. . . . 322. Tramp colony, bill to repeal act providing for ; . , 776 report of CJommittee of In,quiry , 759 Trans-Mississippi Commercial Congress, sessions at Wichita, kans. 1231 Transportation corporations, veto of bill relating to ; 315 Transportation corporations law, message recommending amend- ments 153 veto of bills amending: acquisition of lands by gas corporations 353 stocks and bonds of freight terminal compaijies ........ 353 water storage corporation® ,- ■ ■ • 291 'Ireasurer, State, report of Committee of Inquiry 692 , veto of appropriations for 363 'ireman, Charles'E., appointed delegate.... 529 Troy, State dam, correspondence, on , 1129 Truant schools, veto of bill amending education law 347 Truesdale, W. H., letter from 1115 , letter to , ,.,...., 1117 Truman, James lS., appointed , delegate . . . , . 569 Tuberculosis hospitals, establishment of workshops, bill approved . 449 Tueker, Frank, term expired. ... • 517 : appointed delegate 560 Tuttle, Adrian, appointment ..... .... ' 505 Xrwiman, vV'illiam, appointment of commission to examine as to sarjity ., 997 report of case by Governor and report of commission.. 998 denial of application by Groverno-r ;........- 999 TVisby, Rev. L. D., appointed delegate 562 Ulster county, address to delegation from, concerning State road. 1235 Underhiil; Edwin. S., appointed del^ate 528 iinexpended balances, bill relating to 771 statement by Committee of Inquiry 657, 659 iJniform. State laws. Commission, report of Committee of Inquiry. 698 Jnion f r«e school districts, publication of notices of meetings,' veto of bill : . . . : 236 United "Commercial Travelers, Grand Council, address at 13th annual session 1440 United States senators, direct election, special message 39 statement in annual message 25 United States steamship " New York," presentation Of silver serv- j ice to; letter concerning • 1187* ■-:■■ 50 1570 Index PAGE University Club, address at banquet 1261 Utica, bridge over Erie eanal, veto of bill. .' . 341 iward collector, abolishing office of, veto of bill amending charter ..:... 218 Utica State Hospital, appointment, of manager 516 report of Committee of Inquiry '761 veto of appropriations for .306, 392 Vacations and leaves of absence of employees, veto of bill 351 ' Vail, John H., ternj expired ' 551 V^an Cortla'nd, Robert B., appointed, delegate 527 Vanderlip, Frank A., appointment. '. 519 term expired ,|,„. ........ . . : 519 Vanfredenburg, H. A., appointed delegate ' 563 Van Gorder, GreenleaTf S.y appointed delegate. 569 Van Laer, Arnold J. V., appointment 555 Van Santvoord, Seymour, term expired. 501 resigned .. i ..... : 555 Van Tuyl, George, Jr.: charges by depositors of the Washington Savings Bank ' against 815 reply to charges 820 reply of, concerning charges of W. D. Cameron 796 Ventilating systems in public schoola, commission to examine and investigate , 965 Ventilation Commission, statement by Governor 966 Verbeck, Adjutant^eneral, investigation of purchase of arsena.1 site, report of Committee of Inquiry 601 statement by Governor 603 Veterans, and volunteer firemen, legal expenses, veto of bill ...... 316 reinstated by courts, legal expenses of, veto of bill ] . . . 344 Vetoes of bills relating to: Adjutant-General, settlement of claims .257, 263 aged, home for 341 Agricultural law, bill amending 259 agricultural schools in towns ■ 335 Agriculture, State Department, appropriations ;:.367, 390 Agriculture, State Stshool, Morrisville, appropriations 390 Albany Post Road, Westchester county, laying railway tracks upon 282 American Museum of Safety 281 ' Amsterdam, policemen's ' relief and pension fund 280 . animals, destruction of diseased. . 259, 261 : apportionment, prompt review of 352 appropriation bill 362 armory at Malone 348 at Yonkers : 345 Athletic Commission, appropriations 366 Attorney-General, appropriations 373, 374, 375, 376 Auburn, Sunnycrest Sanatorium 286 automobiles ,.. 354 Banking law, bills amending 226, 320 Barge canal, junction locks at Rome and Mohawk 343 Barge canal terminals, appropriation for pajinent of interest , on debt 355 Batavia, bill incorporating 242 ISTDEX 1571 Vetoes of bills relating to — Continued : PAGE Binghamton, bills amending charter .217, 253 Binghamton State Hospital, . appropriations 302 _ Bishop, George W 322 Black river, reconstruction of causeway 407 Black River canal, bridges . ; 340 improvements ,332 blind voters, assistance , 316 Bridge Commission, interstate, bill creating 342 bridges, construction and maintenance 335, 336, 341, 342 Buffalo, bills relating to 217, 21Q, 220, 222, 246, 1 . 247, 248, 278, 3il7, 319, Sp, 331, 352 Buffalo State Hospital, appropriations ! .'. . 302 Business lawj bill amending '...., t .■ ... .K ... ^ 330 canal debt, appropriation for payment of interest 355 canals, bonds for improvement 212 Catskill, construction of brick pavement 345 Cattaraugus creek, improvements 407 Cayuga county, clerk 258 conveyances upon tax sales, 328 Cayuga Nation of Indians, appropriations 403, 404 cemetery lands 327 cemetery monuments ; 337 Central Islip State Hospital, appropriations 303 Champlain canal, bridge over 332 charitable institutions, retirement of employees 337 Charities, State Board, appropriations 368, 394 chattel mortgages, filing 326, 347 children, employment .after school 330 cities, bills relating to 245; 278 fire departments ■.•...u 283 patrolmen, bill to promote health, and eificieney. of 278 special bills not accepted by mayors i . .^,. .252, 274, 284, 286, 287, 299 City law, bills amending 279, 321, 352, 353 Civil Service Commission, appropriatons.-. 364 Civil Service law, bills amending 253,. 281, 316, 344, 351 Claims, State Board of 327, 330 appropriations 364, 386, 410 jurisdiction in special cases 223, 228, 316, 337 Clinton House, appropriations 406 . Code of Civil 'Procedure, bills amending 230, 256, 285, 315, 316, 337, 352 Code of Criminal Procedure, bill^ amending . ,.: i 314, 343, 353 College of the City of Xew York, receiving bids for 318 Comptroller, bills relating to .262, 325,. 362, 363, 373 Conservation Department, appropriations ,368, 369, ... 370, 398, 399 Conservation law, bills amending 267, 295, 321, 326 Constitutional convention bill providing' for, , 231 Cornell University, New York State College of Agriculture . 339 Corning, bills amending charter 189, 287 counties, commissioners of jurors 265 County law, bills amending 223, 226, 260, 294, 315 Court of Appeals, alteration of State House for use of 348 retirement Of employees 329 Delaware and Hudson canal, surveys for improving 344 Delaware river, dykes for protection of property 332 1572 Ibtdex Vetoes of bills relating to — Continued: PAaE Deldianty, James j . ; . . . ; 322 dental licenses ' 316 1 Deposit, bill amending charter 269 direct tax bill 3S4 docks and piers, inspection. 354 dogs, registration 223 ' Dutcliess county, assessment of State lands 204 Eastern New York; Reformatory, appropriations 310 Education building , 271, 398 Education Department, appropriations...... 367, 390 Education law, bills amending. 204, 236, 240, 335, 340, 343, 347, 350 Election law, bills amending 190, 207, 20«, 210, 268, 316, 344 Electric light, heat and power companies 315 Blmira 220, 333 Erie canal '.;....;..'. 341, 343 Excise, Department of, appropriations 364, 365 Executive -law, bill amending. i 262 farm for women, appropriations; .-. .- ." 367 Far Rockaway Bay, use of nets........ '..'.1; 267 ferry owners, claims of 229 Finance law, bills amending 329, 342 Fire Island State Park, appropriations , 371 Fire Marshal 370, 404 in villages, establishment of office , . 270 Fiscal Supervisor of State Charities, appropriations 368 fishing, bills relating to 321 forest preserve, investigation of titles to land claimed by State -. 350 Fowler, M«irf Jane 323 Frank, Aii^nsta ".' . 253 Frankfort, bon^s for highway construction 324 Fredonia, reimbursing, appropriations 390 freight, track "scales for weighing 330 Fulton, bill amending charter 337 gas corporations, acquisition of lands by 353 Genesee Falls, assessment and taxation of certain State lands 346 Genesee river, construction of bridge over 331 Geneva, bill incorporating , . . . 197 bond issue 288 Glens Falls feeder, bridge over ! 342 Gloversville, Ijill amending charter 330 Gowanda State Homeopathic Hospital, appropriations 303 Greene, Frederick S., claim of 257 Harrietstown, appropriations 402 Health, Department of, appropriations ; 365, 386 Health officer, Port of New York, appropriations 388 HeiUerty, David, reinstatement of, as court attendant 329 Herkimer county, claim against State. 225 high school education in rural communities 240 Highway laW; bills- amending. . ". 282, 335, 336, 346, 354 highways, appropriations : 331, 350, 354, 355, 411 iiivestigatidn, appropriations for 383 machinery, contracts made by town officers 337 utilizing unexpended balances of moneys heretofore ap- propriated '. 349 , Hill, Rowland F., claims of heirs against State 330 Index 1573 Vetoes of bills relating to — Continued:.. PAGE ' . horse cars in cities of the first class, bill to abolish. 241 ", ; ' Housing law for second-class cities, bill amending. 211 Hudson River State Hospital, appropriations • 303 Hydro-electric power bill ■.. 395 Industrial Compensation Board, appi-opriaitions i. .. . . ^09 :.• Insanity law, bills amending. 183, ■ 201 ;;.. Insurance law, bills amending. , 248, 272, 273, 321, 32% 326 Lvi: Jamestown, paving streets . ...i .,»... , .i j . . 300 _, Johnstown police department and city officers.. 248, 320 Jones' Inlet, use of nets.i,. . . . i . . . . ;.•. .;.... 267 Judiciary law, biUs amending : . j .203, 326, 329, 337 .jurors, commissioners 265 Justices' courts 25fi, 316 Justices of the Peace 230 Keuka college. State School of Agriculture, establiahment . . 340 Keuka lake outlet , 346, 408 Kings county 323, 325 Kings Park State Hospital, appropriations 304 , labor, bill amending Penal law relating to. 313 Labor, Department of, appropriations 366 - ' . Labor law, bills amending 248, 330 _ Lackawanna, bond issue for street paving ; 300, 349 . ■ . Lake Erie Di'edging Company, claim against State 229 Laks iRonkonkoma, public park. . , . . .;, i . - . i. . .. 341 ' ; : Lakes . Wanitta. .and Lakoma,. appropriations, .for. bridge . . . . 409 : lands., redemption,. Sippropriations ...»,.... r. 1 •. . 410 Legislative law, .bills amending 177, 330 '; Legislature, appropiiations .,...,. ,377, .378, 384 Letchworth Village, appropriations 311 ■_ Lien law, bills amending 326, 337, 347 .. i'i life insurance corporations 273, 321 .71 Liquor tax law, bills amending 336, 342 .!■ Litttei. Falls, paving streets 218 lobbyists, promoting special assessment bills ■ 179 , Lockport ...i ...279, 340 Long Island State Hospital, appropriations. .>i.. : . . . . 304 McDermott Contracting Company,' claim of. ...... ..... ..... 225 McGurk, Henry, claim against State ,'.!.,.(.,.'.;. . . . 229 Malone, armory, addition to ....... i . ; i.^. 348 Manhattan State Hospital, appropriations 305 i: Marine Fisheries Bureau, appropriations : 370 7 Matteawan Hospital for Criminal Insane, appropriations. . . 307 : Medina, charter, bill amending 233 , 1 Middletown, bill providing for charter 342 ■• Middletown State Hospital, appropriations.... 305, 392 I Minetto, construction of bridge over Oswego river 349 :■._■ Mohansic State Hospital, appropriations 306 _: Mohawk river, bridge over, at Vischer's ferry 341 Mollen, Margaret , 263 ■:.: Moriarty, John L.,. claim against State, i, 224 mortgages, taxation 346 , , motor vehicles 354 . ;, Mount Vernon <■ 220, 279 Municipal law, tbill amending 342 Munro, .John I„ claim against State 224 National Guard 322 Kavigation law, bill amending.. •. . 354 1574 Index Vetoes of bills relating to — Continued: PAOE . New Castle, highways 338 New Eochelle ." 182, 247, 287, 347 New York Agricultural Experiment Station, building 353 New York city : Bronx, railroad stations on steam railroads I 264 Brooklyn, escheated lands 234 Union bank, claims of depositors and creditors .... 327 BrocVklyn and Queens boroughs, boulevard 3*1 claims against city. 221 county and borough officers, payment of expenses for medical treatment 318 court of general sessions, reinstatement of attendant.. 323 court of special sessions, clerks and deputy clerks 274 criminal courts, removal of probation officers 255 damages, time for filing claims 285 damages to real property, powers of board of assessors . . 264 digest of statutes affecting, appropriations 378 employees, retirement of 314 fire department, case of Saul J. Rosenthal 274 two-platoon system 283 firemen operating steam boilers, licensing 288 horse cars in, bill to abolish - 241 justices of city court 285 Manhattan, borough of, acquiring property for bridge purpoBea 273 patrolmen, health and efficiency - 278 street surface railroad tracks upon the Bowery 237 teachers, removal of Augusta Frank 253 New York city, charter: aldermen, board of 255 '• - American museum of safety ; 281 -' ■'• assessments for local improvements. . 2.75 '■f!- board of education : 254, 2.75, 348, 349 '' ' ' Brooklyn, municipal court 253 ' • ■ buildings, bureau of, board of examiners 335 ■ '^ College of the City of New York, receiving bids for. . . . 318 commissioners of sinking fund, powers over certain property 333 construction of tunnels, erection and operation of eleva- tors and escalators .... ' 333 coroners' physicians 318 dance halls and ball rooms, regulating and licensing. . . . 274 department of public welfare 285 employees, leaves of absence •n-'ithout pay 275 retirement 280 employment of inmates in correctional instiliutions. . . . 319 fire department, pilots 280 relief fund 255 telegraph service 255 uniformed force 254, 256, 275, 319 fire marshals, assistant 255 journeymen plmnbers 334 munidipal explosives commission 334 newspapers and periodicals, permits for sale of 334 normal college, teachers' retirement fund 318 police commissioners, appointment of extra deputy.... 344 I' police department 253, 256, 275 Index 1575 yejjoes of bills relating to — Continued : PAGE , , New York City Charter — Continued: police force and Are department, charges against 342i president of a borough, qualifloations of assistants. . . . 254 Queens County jails, employees 253 retirement of officers, clerks and employees , 280 schoor books, disposal of discarded. .....#... 334 teachers, changing conditions annexed, to salary sched- ules of 348 teachers' salaries 333 water front property, repair and maintenance 280 water meters and repairs 2S5 New York county, salary of stenographer , 31ft New York Sta,te College of Agriculture, 'Cornell University 339 New York .State College of Dentistry, bill incorporating. . . . 235 New York State Custodial Asylum for Eeeble-Minded Male Delinquents, selection of , lands as sites. 332 New Y^ork State Custodial Asylum for Feeble-Minded Women, appropriations . . ., 311 New York State Hospital for the Care of Crippled and De- formed Children, appropriations , . 312 New . York State Hospital for the Treatment of Incipient Pulmonary Tuberculosis, approrpi'iations 311 New York State Reformatory, Elmira, appropriations. . .310, 3i96 New Y'ork State Reformatory for Women, appropria- tions 30«, 396 New York State Soldiers and Sailors' Home appro- priations 309', 395 New York State Training School for Boys, appropria- tions ....'. 312, 397 fees of commissioners of appraisal 350 New York State Training School for Girls, appropria- tions 309, 396 New York State Woman's Relief Corps Home, appropria- tions 311 Newburgh, assessment for sewer. ....,,.,,... ...;.,...,, 315 Newspapers, discriminations for publication of sespion laws, etc 294 Niagara Falls 218, 221, 227, 246, 277, 317 Niagara reservation, appropriations. . 405 Normal and Training School on Long Island, establishment. 343 Normal School at IVUllerton, establishiuent 345 Normal schools, salaries of teachers 350 North Tonawanda 220, 221 Ogdensburg 247, 280, 320 Ohio, proceedings of board of assessors, legalizing. 324 O'Keefe, Michael, claim against State ,; , 225 Olean, bill amending charter 300 omnibus vetoes 313, 327, 338 344 Oneida Nation of Indians, claim of 225 Oneonta, bill incorporating 190 Onondaga county, construction of brick/ pavement. 351 O'Sullivan, Michael, claim of 331 Oswego river, bridge at Minetto 349 Palisades Interstate Park, 3(11, 355 pardons, bill amending Prison law 314 Penal law, bills amending 261, .313v 322 Penn Yan, repairs to bridge over Keuka lake outlet 346 1576 Index New York City — Continued : PAGE pensions, New York city employees 314 Normal 'College of the Oity of New York, teachers 318 savings banks employees '. 226 State chai'itable institutions, employees 337 State hospital employees; 201 State prison employees . . : 276 pheasants, open season for .->;'. . . 321 Philipse manor hall, Yonkers, appropriations. ..:.... 371 physicians, examining 337 plumbing corporations .'..........: 352 Port Jervis, bill amending charter .180, 181 Port Leyden, bridge over Black River canal 340 Port of New York, health officer, appropriations 388 Portchester, election of a deputy receiver of taxes 266 Potsdam State Normal and Training School, reconstruction . 338 Poughkeepsie, bills amending charter 333, 335 tuberculosis hospital 315 primaries 190, 207 printing, legislative and department, appropriations. 379 Printing law, bill amending 354 Prison law, bills amending 276, 314 prisons. State, appropriations 367 Prisons, State Commission of, appropi-iations 367 Prospect Hill Cemetery Association 197 Publ'ic Buildings, Department, appropriations. 397, 398 Public Buildings, trustees of, appropriations 397 Public build'ings law, bill amending 271 Public health law, bill amending. 31-6 Puiblic lands law, bill amending 345 Public Sei-vice Commission, appropriations . . , 387, 388 Public Works, Department, appropriations 406, 407 Superintendent, 'inspection of docks and piers 354 Queens county, jails, employees 253 street surface railroads 293 Railroad law, bills amending 244, 264, 323, 328, 338 real property 315, 345 Real property law, bills amending 324, 327 reports, printed as legislative documents, extra copies 354 Richmond county, sheriff, salaries of appointees 322 Rochester :.....: 284, 353 Rochester, Corning-Elmira traction company, bill extending time for completion 343 Rochester State Hospital, appropriations 306 Rome 218, 340 Rome State Custodial Asylum, appropriations 311 Rosenthal, Saul J., case of 274 Rye, election of deputy receiver of taxes 266 Saint Lawrence State Hospital, appropriations. . 306 Samson, Bernard S., claim against State 224, Santa Clara, appropi'iations •. 402 Saranac river, appropriations 4i0i8 Saratoga reservation 198, 346 savings banks, pensioning employees of ... 226 Saivyers creek, improvement 33!) Schenectady 222, 286 Schoharie State School of Agriculture, appropriation. .280, 290 Schutrum, Charles L., claim against State 230 Index 1577 Vetoes of bills relating to — Continued : page Secl-etary of State, appropriations . ..'1 ...;...... . 362, 372, 373 * Shelter Island, maintenance of a certain, dock. 324 . ' Sir Wm. JohnSon mansion, appropriations. 406 State Agricultural and Industrial Sohool, appropriations . . 310 State boards and commissions law, bill amending'. 342 State Hospital Commission 183, 391, 392, 393, 394 State hospitals, appropriations , 302 retirement of employees '..:.... . 201 State house, alteration for use of Court of Appeals. ...... . . 348 State instituttons, appropriations .........'.......;... 308, 330 State library, branch in the «apitol : 343 State militia, claim for counBel fees and expenses 229 State reporter, appropriations 3S6 Suffolk county, highways 336 treasurer ; .' ....'....: 339 supply bill ; ; 372 Supreme Court, Appellate Division, publication of opinions of justices ; 203 libraries, appropriations 384, 385 ... ■' Syracuse : ; 219, 2.22, 246, ^79, 334 ■ Tax commissioners, appropriations 366, 388 Tax law, bills amending 243, 271, 316, 328, 339, 346, 347 Taxation, direct tax Will ic . ..l w . . . 354 , Tenement house law, bill amending. . . '. 314 *' Thomas Indian Siohool, appropriations, 310 toll bridges .- >.:... 2il2 Town law, bills amending 323, 335, 328, 351 trademarks 322 transportation corporations 315 Transportation corporations law, bill amending. ...... .291, 353 Treasurer, State, appropriations 363 truant schools i 347 Utica , 218, 341 Utica State H'osplital, appropriations . . . ., 306, 392 vacations ancl , leaves of absence of employees 351 veterans 31'6, 344 Village law, bill amending ^ 270 Vischer's ferry, bridge over Mohawk river *. 341 Washington county, sheriff 329 Washington's headquarters,. appropriations 40i6 water power, commission to investigate subject 290 development and utilization of 295 water storage corporations 2flil Waterfoi-d ......: 239, 325 Watertown 200, 219, 224, 247, 320, 322 Watkins Glen creek, construction of concrete Wall 35 1 Watkins Glen reservation, appropriations. 405 Weights and Measures, State Superintendent of, appropria- tions 366, 389 '[ Westchester county 282, 317, 324, 329 ' Western House of Refuge for Women, appropriations. .. .308, 395 Whitesboro, bridge over Erie canal 341 Willard State Hospital, appropriations 307 ,'.'_ witnesses ." ,., 352 workmen, compensations for injuries. ,,,, 248 Workmen's 'Compensation Bureau, appropriations..!: 409 Yonkers 254, 300 1578 Index PAGE ^'ilIage law, veto of bills amending, fire marshal, establisliment of office , 270 Vincent, Frankj appointed delegate. • 540 Vischer's Ferry, bridge over Mohawk river, vejto of bill 341 hydro electric plant, veto of bill ;,. 295 Vocational instruction, bill rela,ting to, approved- 477 AV adhams, Albion V., appointment 555 report on pripon ^nditions 983 Wadhams, Frederiek E., appointment 554 Wadhams, William H., appointed delegate , 569 Wagner, Robert F.,. appointed delegate, 540 Wagstaff, Alfred, nomination 171, 551 Wald, Lillian D., appointed delegate 541, 660 Waldo, Bhinelander, police commissioner, New York,, answer to charges against 829 letter from 1150 Wales,. A. D., appointed delegate 568 Walker, Clara, appointed delegate 537 Walker billsj amending civil service law, on veto of 1211 Wallace, Richard W., appointed delegate 545 Waller, Dr. Owen, appointed delegate 562 Wallin, Samuel, appointed delegate 528 Walsh, John L., appointed delegate 541 Walsh,. Capt. Patrick J., appointment. 502 Walsh, Thomas G., appointed delegate 541 Walsh, Timothy, appointed delegate 541 Walsh, William J„ appointed delegate 541 Walters, Rev. Alex., appointed delegate. 5^2; 563 Walters, Mrs. Lelia, appointed delega,te 563 Walton, Lieut. Lester R., appointment 502 Walton, Lester A., appointed delegate 562 Walton High School, remarks to delegation from , 1287 Warburg, Paul M., appointed delegate.'. .; 531, 538, 542, 543 Ware, Franklin B., letter to Charles S. Sussdorff relating to Great ileadow Prison 886 W^arner, Brainfird H., appointed delegate 537, 569 Warner, E. D., appointed delegate 569 Warner, John De Witt, nomination 169, 550 Warren, William C, appointed delegate 532, 538 Washington, Anderson, appointed delegate 562 Washington, William D'H., appointed delegate 529 report on highways. 923 Washington county, oflice of sheriff, veto of bill 329 Washington Savings Bank, charges by depositors against Superin- tendent Van Tuyl ,'] 815 reply of Superintendent to charges 820 Washington's Headquai:ters, trustees, appointment 513 veto of appropriations for ; ; 406 Water power, appointment of commission to investigate subject. . 299 development and utilization of, veto of bill amendii^ con- s€rva,tion law 285 Water storage corporations, veto of bill relating to 291 W'aterford, charter, veto of bill amending. 239 water supply commissioners, veto of bill 325 Index 1579 PACE Watertown, Bethany M. E. Church, claim against State, veto of bill . . , 224 fire department, funds, veto of bill 322 veto of bills amending charter 200,. 219, 247, 320 Waterways, statement in annual message ^. . . 35 Watkins Glen creek, construction of concrete wall, veto of bill. . 351 Watkins Glen Reservation, veto of appropriations for 405 Commission, appointment of member ;......... 650 Weed, George. S., appointment 511 Weeks, Bartow S., appointment 525 Weights and measures, conference on, appointment of delegates. . 541 Weights and Measures Department, report of Committee of In- quiry 702 State Superintendent of, veto of appropriations for.... 366, 389 Weinstock, Leon C, appointment 555 report on prison conditions 9S3 Weisz, Charles B., appointed delegate 544 Wentworth, R. E.^ appointed delegate. 545 Wertheim, Maurice, appointment 515, 550 West, Julia Kemp, reappointment 516 West Haverstraw, s?e New York State Hospital for the Care of Crippled and Deformed Children. Westchester county, Albany Post road, laying of railway tracks upon, veto of bill 282 assessment rolls, collection of taxes, etc., veto of bill 329 bonds for highway construction, veto of bill 324 sewerage system, veto of bill relating to powers of commis- sion 317 Western House of Refuge fo^. Women, Albion, amount recom- mended for repairs. 766 appointment of managers , 518 veto of appropriations for , .308, 395 Whalen, John S., appointed delegate 541 Wheaton, J. Frank, appointed delegate 563 Wheeler, Everett P., appointed del^ate 533 Whish, W. C, appointed delegate 541 Whitaker, Edward G., appointed delegate 569 Whitbeck, Ernest C, appointed delegate 569 White, W. A., appointed delegate 538 White, William Pierrepont, appoiiited delegate 529 White Plains, speech on direct primaries : 1443 White slave traffic, telegram from Chicago Tribune and reply of -Governor 1185 Whitehall, Grace Wilson, reappointment , 517 Whitesbprp, bridge over Erie canal, veto of bill 341 Whitin, E. Stagg, appointment : 970 Whitman, Charles S,, appointed delegate. , . . ., 569 letter to, regarding statements in John Mjjlraney's letter of application 1009 Whitman, Clarence, appointed delegate 538 Whitney, Patrick A., appointed delegate 56C Widows' pensions, commission to inquire into subject 554 Wierling, William F., appointment... ,•.•....-. 516 Wieting, Charles A., reappointment 558 1580 Index PAGX Wilcox; Ansley, appointment on Commission on Mothers' Pensions 554 appointment on . Public Health. Commission, statement hj Governor ; : 606 appointed delegate -. 531, 538, 545 Willard State Hospital, appointment of manager 516 veto of certain appropriations for 307 Willcox, William R., term expired 511 Williams, Mrs. Ella, appointed delegate. ....'. i ...... . 563 Williams, Frank F., appointed delegate '. . .-. ; . . . 541 Williams, Harvey A., appointment. :.'.!''.'.. 551 Williams, J. H., appointed delegate. . .... .;..■. 564 Williams, John, appointed delegate. . i ..;......-.. 541, 543 letters from 1057, 1210 report on Auburn disturbances 1095, 1096 : resigned and term expired as Commissioner of Labori .. .514, 553 telegrams ; 1053, 1091, 1095 Williams, Mrs. L. L., appointed delegate : ^ . . . . 5'6l Williams, iLinsly E., appointed delegate. >.:.:!.•. .■ 538 Williams, Mornay, appointed delegate. . ."JVj':. 531 Vv illiams, Talcott, appointment ' . ; 507 Wilson, Frank JE., appointed delegate 527 Wilson, Margaret, appointment 970 unable to serve. . . ; f.-. .(. 971 Wilson, Thomas B., reappointment Ul i 505 Wingdale, newSprisonat. . j .;:■..'.. .• 975 Winslow, Charles E. A., appointment 965, 968 appointed delegate 543 Winters, Harry B., appointed delegate 526 Winthrop, Henry Rogers, appointed ddegate 538 Winton, Edith, appointment 520 Witnesses, veto of bill relating to 352 ^Volff, John F., appointment 556 Wolf, Meyer, appointment 509 Woman suffrage, statement in annual message '. 27 Women, minimum wage law, telegrams concerning 1185 employees, physical examination, bill approved . ; ; , ■ ; . 448 Women, Prison Farm,, report of Committee of Inquiry. ...... i'':i.^- 759 Wood, Robert N., appointment. . i! . 506 Woodward, John, appointed delegate .'........•. 569 designation as associate justice. Supreme Court. 581 revocation of designation as associate justice. Supreme Court. 577 Woodward, William F., appointment. V ........-.: 522 Woolsey, M*s. Kate Trimble; appointed delegate. ;;:::....; 537 Workmen's compensation bill, address to delegation in behalf of. 1306 statement in annual message j . . . .'.'. .''.'.':' 30 veto of bill 24'8 Workmen's Compensation Bureau, veto of appropriations for. . . . 409 World Peace Congress, appointment of delegate 570 Wright, H. J., appointed delegate 533 Wright, Silas, statement by Governor 1237 Wrightson, George W., appointed delegate. 541 Wysong, Charles Ni, correspondence on gambling in Nassau county 1151, 1159 Index 1581 PAGE Yoakum, Benjamin F., appointed delegate 526, 565 Yonkers, armory, erection, veto of bill 345 assessment and collection of taxes, veto of bill 300 firemen, veto of bill relating to 254 speech, on direct primaries 1443 see also Philipse manor hall. * Yonkers Bailroad Co., strike of employees 1144 Yorktovifn Heights, see New York State Training School for Boys. Young, Allyn A., appointment 557 Young, J. Addison, term expired 504 Young, Wesley, appointed delegate 563 Young Men's Christian Association, Albany, address at noonday luncheon to raise funds for 1264 Zary, William H., appointed delegate 538 Zellei-, Edward G., appointment 622