w M V"'AS'^0^^\i \ vs v\ \ *\W x^ ''\\\ > LV r .\ \V. ;v< ■>to- 'V '^ ^ \ .^ \s'\\ \V, \\ ■H S^ •,*N^NO.-^^N\V SA- ^)«. ^.A N V> ^^^^ N\N^4 ^^. .-;\VS^\ \* N\ ^^ \ 5V ^N^ ^ ^ . X * ^ ^ SSx ^ X . X x-^ X X XX *>^ XX ^ X ^ X ^ ^ > Xx< X xX »^ X ^x X (."-x X ^ S X \ X X xXX^Xx ^ x>xx ^ \ X ^Sxxx,\XxX X X 'AX X ^ X \ X s\ A x^XX X\ XX * x^ s \ \x w 'vf V XXX v» x\5 ^ ^ ^ , x^^VVx^V V ,Vx s * ^ ^C X . *x V X X ^x"*^ "^^» ^N xxS x^ x\ ^XXX^O X '«-Xx'*'^^XOS\ xA,x . \X XX 'S^ *xxx x^ >\ XS Sx X^^S X ^x , ,,.r^\\x X'i V V x^ ^ ^^ '»\^*Ol^^^^x - X ■ W V X ^ X X X ,$S X ^ - V X \,«>xx v^ X, ^ s\ , >> * . V X ^ VO^^-XOxxx^ -^K-^^ . ' - ^ X XX XXXs ^ V ^^( X tS»\^ xVxx^ ' x\ \~>< "x^'JXxXx^ V S ^ ^ ^ xx^.^ x,^^ X X xxXX,,^^ S>\X,X ^ ^X \''\\x ■*xVC*s ^"*"j.x.^<^xO^ f mnell ^mtmii ptb(»tg THE GIFT OF CtHAj. .... .A.^^.'5.^.4.U .J.'^Ofr 678-2 r'm'' . 4: -t The date shows when this volume was taken. To renew t)iis book copy the call No. aud give to - - ^ ■ the libr arian. ^^ ~. ~^ HOME USE RULES. All Books subject to Recall. — Books not used for instruction orresearcli are returnable within 4 weeks. Volumes of periodi- .-cals and of pamphlets ate held in the library as liiuch as possible, l^or special purposes ^.. , they arfe given out for ty^'V .; .• a limited time. '."^l '"' ' Borrowers should "^ not use their libjrary plivileg^es for the bene- fit of other persons. Books not needed during recess periods should, be" retlirned to ," the library, ot alrrange- '•\ ments made for their return during borrow- ; ■ er'sabsence,if wanted. fr" Books njeeded by I ;'J - more thaii one person » '. , are held on the reserve "" , ' list. ' Books of special value and gift books, when the giver wishes it, are not allowed to circulate. Readers, are asked - T-' to report all cases of ,- ' .- ^\*. tiii' books marked or muti- Do not deface bookfc^y marks and writing. Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924092698350 STATE OF NEW YORK (. (I li i; I I 'i PUBLIC PAPERS ni iv 1 1; t; 1 1 v ! ! I; !; /\ I; Y OF FRANK W. HIGGINS GOVERNOR 1905 ALBANY J. B. LYON COMPANY, PRINTERS igo6 3^ ^ :^^v\\ PUBLIC PAPERS OF Governor Higgins 1905 DESIGNATION OF SECRETARY TO THE GOVERNOR THE PEOPLE OF THE STATE OF NEW YORK By the Grace of God Free and Independent To all to whom these Presents shall come Greeting: Know Ye That we have nominated constituted and ap- pointed and by these presents do nominate constitute and appoint Frank E. Perley Secretary to the Governor hereby giving and granting unto him all and singular the powers and authorities to the said office by law belonging or appertaining. To Have and to Hold the said office together with the fees profits and advantages to the same belonging for and 4 Public Papers of Governor Higgins during the time limited by the Constitution and Laws of our said State. In Testimony Whereof We have caused these our letters to be made patent and the great seal of our said State to be hereunto affixed. [l s] Witness Frank W. Higgins Governor of our said State at our City of Albany the second day of January in the year of our Lord one thousand nine hundred and five. (Signed) FRANK W. HIGGINS Attest : (Signed) John F. O'Brien Secretary of State ANNUAL MESSAGE STATE OF NEW YORK Executive Chamber Albany, January 4, 1905 To THE Legislature : Pursuant to the mandate of the Constitution I have the honor herewith to communicate to you by message the condi- tion of the State, together with such recommendations as seem to me expedient at this time. State Debt. On September 30, 1904, the close of the fiscal year, the total debt of the State amounted to $9,410,660.00, classified as follows : Adirondack Park $510,000 00 National Guard Public Defenses 400,000 00 Canals 8,500,660 00 Total $9,410,660 00 Public Papers of Governor Higgins 5 The sinking fund created by the annual tax of 13-100 of a mill per dollar of assessed valuation of real and personal prop- erty, provided by Chapter 79 of the Laws of 1895, amounted on the 30th of September, 1904, to $3,696,493.55, which, in effect, reduces the' amount of the canal debt to the sum of $4,804,- 166.45 yst to be provided for. The debt maturing during the next fiscal year consists of $55,000.00 Adirondack Park bonds issued pursuant to Chapter 561 of the Laws of 1895, maturing January 30, 1905, and $200,000.00 National Guard Public Defense bonds issued pursuant to Chapter 672 of the Laws of 1898, $100,000.00 of which mature on the first days of May and November respectively, and for the payment of which provision must be made by the Legislature. Receipts and Expenditures The total receipts of the State Treasury from all sources for the year ending September 30, 1904, were $25,548,962.98; the total payments were $25,900,796.73, showing an excess of payments over receipts for the year amounting to $3,51,833.75. The actual available surplus on October i, 1904, was $8,762,- 236.62. The total appropriations in force October i, 1904,. amount to $26,735,457.70, which is $2,319,228.07 more than the income of the last fiscal year which was applicable to the payment of appropriations, so that with the same revenue as last year there would be this excess of expenditures over receipts which must be met from the surplus. But the Comp- troller estimates that the revenues for the present fiscal year applicable to the expenses of government will show a decided falling off as compared with the receipts for the fiscal year last past, unless provision be made by law for increased revenue from present sources or for new sources of revenue. The satisfactory condition of affairs whereby the tax laws produced sufficient revenue for the requirements of the State 6 Public Papers of Governor Higgins is threatened by the effect of very recent decisions rendered by the Court of Appeals in test actions brought and successfully maintained- by corporations to obtain a construction favorable to them of the corporation tax laws, which decisions not only reduce current receipts by large sums to be credited as refunds of taxes, but establish new rules for future assessments at variance with the practice of the State in the past. Particular reference is made to the definition of " capital employed within this State " as laid down in the case of the Fort George Realty Company (179 N. Y., 49), and the construction placed upon the law imposing a tax upon premiums received by life insur- ance companies contained in the case of the Provident Savings Life Assurance Society (179 N. Y., 227). It was impossible to forsee these decisions which are a great disappointment and surprise to the State authorities. While it is impossible to make an exact estimate of the shrink- age in revenue and of the amount of the refunds required that will result from this cause, the Comptroller estimates the loss at approximately $1,750,000.00 He further estimates that there will be a shrinkage in the receipts from the transfer tax of $1,000,000.00, based on the shrinkage of the first two months of the present fijcal year as compared with the first two months of the last fiscal year. The extraordinary expenses of the present year will neces- sarily be large. Appropriations to meet the payment of judg- ments and other claims against the State must be made. We are confronted with a condition which is calculated to cause us to consider with utmost care the problem of adjusting receipts to expenditures. It seems unwise at this time to increase the burdens of taxation. The only alternative is the lowering of expenditures. It is obvious that while, if appropriations are sufficiently conservative, the surplus in the State Treasury is Public Papers of Governor Higgins 7 sufficient to carry us through another year without increased taxation, a crisis is at hand and provision should be made to avert it. Appropriations and Taxation Under our system of government the National and State Legislatures do not make up single budgets of appropriations, but many special appropriation acts are passed without much regard for the sum total thereof or for the relation it bears to the estimated revenue of the State, The finance committees of the two houses act to some extent as the responsible agencies of the Legislature to keep expenditures within the limits of the revenues of the State. I recommend that so far as possible the appropriations for the session be treated as a single act, that the amount thereof be kept close to the esti- mated indirect revenues for the ensuing year, and that they should not exceed $22,000,000.00. This will call for serious reductions in certain directions without corresponding in- creases except where the same are imperatively demanded. I am aware that while economy in the abstract is universally conimehded, the application of the principle to particular in- stances is surrounded with difficulties, and I urge upon all interests a patriotic and unselfish consideration of the problem. Tax Legislation The tax on the surplus and undivided profits of savings banks appears in its practical operation to be a tax upon the depositors, and is, therefore, contrary to the long-established policy of the State to exempt from taxation the savings of those who make use of these banks. The amount of the tax is charged against the current earnings of the bank and is not taken from the surplus, and it is claimed that the bank is, therefore, unable to pay the same rates of interest to depositors 8 Public Papers of Governor Higgins as it would if the tax were not imposed. A reduction of the interest on these accounts is a hardship to those affected thereby, and I recommend the repeal of this tax. The receipts from this source for the past fiscal year were $720,000.00, and the revenue thus lost must be made up; but at the same time Justice 'seems to demand that this tax be abolished and that some more equitable method of raising the amount be re- sorted to. I also recommend that the law be amended so as to meet the criticisms made by the Court in the tax cases above referred to, in order to secure to the State the revenue which it will otherwise lose if these decisions are allowed to control. Census The Constitution of the State (Article III., Section 4) pro- vides that an enumeration of the inhabitants of the State shall be taken, under the direction of the Secretary of the State, in the months of May and June, 1905. Since 1875 no complete census has been taken by the State, although in the years 1855, 1865 and 1875 the census was taken in a complete and thorough manner. The enumeration of 1892 was simply a count of the inhabitants of the State for the purpose of redistricting the State for the election of senators and members of assembly. The value of a complete census is undoubtedly great, but such a census would cost at least $600,000.00, while a mere enumeration could be had for about $250,000.00. Considering the extensive work that is done by the Federal Government at the present time in taking the census under the permanent Census Bureau, whereby comprehensive statistics as to matters of public interest are collected and compiled, I am of the opinion that the State should conduct the enumeration at this Public Papers of Governor Higgins 9 time at the lowest possible cost consistent with accuracy and thoroughness. I recommend that proper legislation be imme- diately adopted in order that the Secretary of State may be ready to begin active operations in the field at the earliest date possible. Insane and Charities The management of the State Hospitals for the Insane, fourteen in number, with a total number of patients on October i, 1904, of 25,019, was completely centralized by legislation of 1902, abolishing the boards of managers of the various hospitals and leaving with the Commission in Lunacy complete jurisdiction, both as to financial control and internal administration. The advantages of centralized control of the financial operations of the hospitals are evident. It is of the utmost importance, however, that this great system of hos- pitals, involving the expenditure of so large a sum of money annually and the care of so many thousands of peculiarly un- fortunate and defenseless persons, should rest upon a broad basis of public interest and public confidence, and should retain the co-operation of philanthropic citizens throughout the State. In my opinion this can best be secured by leaving the control of all financial matters, as at present, in the hands of the Com- mission, and by providing for each hospital a board of man- agers, in general charge, through the superintendent, of the internal aflFairs of the hospital. The present overcrowding of the State Hospitals, the large increase in the number of the insane each year, and the expira- tion — next September — of the lease of the buildings now occupied by 1,200 patients at the Long Island State Hospital at Flatbush, make it imperative to take action during the coming session for a material enlargement of State Hospital accommodations. This can probably best be met, in part, by lo Public Papers of Governor Higgins additional accommodations in existing hospitals, and in part by the establishment of a new State Hospital. In increasing the accommodations in existing institutions the importance of providing for each State Hospital a building especially adapted to the treatment of acute insanity should always be borne in mind. It is not. the duty of the State to maintain in the State Hospitals for the Insane, at the expense of the State, any insane person who has property or who has relatives legally chargeable with his support who are able, in whole or in part, to pay therefor. While the attorneys for the various State Hospitals have in many cases been able to collect the charges for support of inmates from the persons and property liable therefor, no effective check is placed upon the commitment as dependent insane of those who are not properly State charges. The rapid growth in the population of the insane hospitals since the adoption of the State Care Act is not entirely due to the increase in insanity in the State, but may to some extent be attributed to the practice of commitment of senile or feeble- minded relatives to the State institutions at the instance of those who are properly chargeable with their support. I recommend that before any insane person is permanently received as a State charge, the question be judicially investi- gated and determined whether such person is a pauper without relatives chargeable with his support and able to contribute thereto. The crowded condition of the State Hospitals would, in my judgment, be relieved if they were maintained strictly as institutions for the pauper or dependent insane. Mild cases of insanity in a purely technical sense, due to old age or other cause, where there is no more need for State treatment than in other cases of illness, should so far as possible be excluded from the State Hospitals and the patients cared for in the Public Papers of Governor Higgins ii home or elsewhere as persons afflicted with other diseases are cared for. The most urgent need in connection with the State charit^ able institutions appears to be that of additional accommoda- tions for the feeble-minded at the institutions at Newark and Rome. A substantial increase in the capacity of these institu- tions would make possible a transfer of many adult inmates from the School for Feeble-minded Children at Syracuse, and the reception there of many feeble-minded children who cannot now be accepted. The additional accommodations at Newark and Rome should be sufficient to provide also for the admission of many feeble-minded adults now in county poorhouses. Great progress has been made during the past few years in improving the reformatory system of the State, and in provid- ing proper buildings and equipment for the best reformatory work. With this end in view, the commitment of girls to the House of Refuge on Randall's Island and the State Industrial School at Rochester has been discontinued, and the former House of Refuge for Women at Hudson has been converted into a State Training School for Girls. The State Industrial School at Rochester is being transferred to a country site, and a commission has been appointed to select a new site for the boys' department of the House of Refuge on Randall's Island. It would seem that some additional safeguards should be provided looking toward more public competitive bidding in the purchases made by the hospitals and State charitable and reformatory institutions, either by amendment of the law or by some set of rules and regulations to be adopted pursuant to statutory authority granted therefor. Purchases wherever possible should be made in bulk and in large quantities and from the lowest satisfactory bidder, after public advertisement for bids. 12 Public Papers of Governor Higgins I recommend that all appropriations to enlarge or improve the State charitable and reformatory institutions be included in one bill with such provisions as will in every instance insure the most careful and economical expenditure of the moneys appropriated. I also recommend that suitable legislation be enacted to enable the State Board of Charities to transfer in proper cases inmates from one charitable or reformatory institution to an- other, where it appears that such persons more properly belong in an institution of the State other than the one to which they were originally committed. Diflferent classes of defectives should not be allowed to remain in the same institution if by a proper system of transfers they can be so distributed as to receive the best and most scientific care. Adult Blind Attention has been called by my predecessors to the fact that no provision is made by the State for the instruction and employment of the adult blind. I recommend that the Legis- lature continue to consider the advisability of devising suitable means for the industrial training of this class of unfortunates. The expenditures from the State Treasury for the last fiscal year for charitable purposes were upwards of $7,600,000.00, and of this amount only $82,225.00 was expended for the blind, and then only for the education of blind children and youths. What nobler charity can the State maintain than that which aims to enable those who have become blind after reaching manhood to be self-supporting! Election Reforms It is the aim of the State so to guard the ballot box that an honest expression by the voters can be obtained. In the Public Papers of Governor Higgins 13 larger cities, colonization, intimidation and false registration are the principal crimes against the franchise. Laws for the punishment of these offenses have already been enacted. Proper means for the detection of such crimes, however, have not been provided. In the smaller localities the general ac- quaintance which exists among the residents insures sufficient protection against illegal voting, but in the larger centers of population more perfect methods of identification should be provided. The law now provides that upon offering his name for registry, the elector shall state the place from which he voted last. I would suggest that in addition to this he should be required to state the time when he voted last. In the large cities the principal colonization frauds are perpetrated from lodging and furnished room houses. I would recommend that • provision be made for reports from these houses similar to those made by hotels under the Liquor Law Tax to the State Excise Department. This might be effected under a licensing system at a nominal fee based upon the number of beds, and might be placed under the direction of the State Department of Health which now has some authority over such places. Further means of identification of naturalized citizens should be provided for in the registry books so as to require either an absolute statement of the time of naturalization and of the court which performed the act, or the production of the naturalization papers themselves, so that the election authorities could verify the statements thus made. Too much latitude has been permitted in this direction in the past. During the last election it was discovered that great numbers of alleged naturalized citizens had no right to vote, either having been imposed upon, or having been parties to the attempted frauds. The naturalization laws of our State are much more effective in guarding against such abuses than are 14 Public Papers of Governor Higgins the United States laws. One of the principal methods of securing fraudulent naturalization papers has been for the holder of legal papers to apply for duplicate papers, and then to sell such duplicate papers to persons not entitled to possess them. The law should be amended in this direction so that duplicate naturalization papers could be procured only upon an order of the court, entered after a due presentation of the facts as to the lost certificates. This whole subject of further guarding the elective franchise is commended to your consid- eration and I hope that such laws may be enacted as will more effectually guard the purity and integrity of the ballot. I recommend to the consideration of the Legislature both the extension and restriction of the right to vote at special tax elections in cities of the third class, to those residents whose names shall be on the assessment roll, without limitation as to sex. If the right to vote at tax elections is to be limited to property holders, it would seem but an act of justice to extend that right to women property holders as well as to men. Canals The bids on six test contracts for parts of the work on the looo-ton barge canal seem to warrant the belief that the entire construction can be completed within the engineers' estimates '■ of the probable total cost of the work. It is gratifying to know that this great expenditure, ordered by an overwhelming ■ popular vote, will probably prove adequate so far as concerns that portion of the entire cost set apart in the estimates for construction, and it is to be hoped that the estimates of dam- ages for taking of property will prove to be equally accurate. The enlargement of the canal system of the State will be carried out to a considerable extent by the canalization of the rivers and other navigable waters of the State. It seems Public Papers of Governor Higgins 15 important at this time to call attention to the fact that the United States Government has expended yearly in the United States for river and harbor improvements vast sums of money of which the State of New York has received but a trifling percentage as compared with the percentage which the com- merce of New York bears to the total commerce of the United States. In the past twenty years the United States has ex- pended nearly $300,000,000 in river and harbor improvements, of which less than seven per cent, has been expended in the State of New York. It would seem proper that the senators and representatives of the State of New York in the National Congress be memorialized by the Legislature to press the claims of this State for larger appropriations for the improve- ment of natural waterways in connection with the canal system of the State. The Constitution of the State (Article VII., Section 8) prohibits the sale of the Erie Canal, the Oswego Canal, the Champlain Canal, the Cayuga and Seneca Canal or the Black River Canal, and imposes upon the State the perpetual man- agement of the same. Whenever it appears that any portion of the canal system has so far survived its usefulness as to make its maintenance by the State a burden with no corre- sponding benefits, the Legislature should submit to the people the proper constitutional amendment to permit the abandon- ment of such portion. The Black River Canal from Boonville north is now prac- tically an abandoned waterway, serving no useful purpose except to those employed to manage it under the constitutional mandate above referred to. I therefore reconftnend that so much of said canal be leased, sold or otherwise disposed of, and that the question be submitted to the people for their determination. 1 6 Public Papers of Governor Higgins Good Roads Without increase in the estimated revenues of the State for the ensuing year, appropriations" for good roads must be modest in amount, pending the action of the Legislature and the people upon the proposed constitutional amendment per- mitting the issue of bonds for the improvement of the high- ways. The attention of the Legislature to this amendment is commended. The highways that are to be improved under the proposed plan should constitute a reasonably complete system of land intercommunication, otherwise we shall simply have patch- work. Provision should be made for the proper maintenance of the improved highways after their construction. They should be kept in repair at the expense of the locality, under the supervision of the State, and I recommend the adoption of legislation which will provide for that result. I also recom- mend that the contracts for building the roads require that the contractor shall maintain the same for at least five years after acceptance by the State Engineer. I strongly urge upon the Legislature the importance of placing the execution of this plan of improved highways under special expert supervision under the direction of the State Engineer and Surveyor and of developing the same in accordance with an approved system, to the end that the money expended may not be wasted but may result in permanent and useful improvements. Banks The whole number of State Banks of deposit and discount engaged in business September 30, 1904, was 186, against 190 at the corresponding date in 1903. Their resources amounted to $443,487,307.00, which was an increase of $75,873,962.00 from the corresponding date in 1903. The surplus and un- Public Papers of Governor Higgins 17 divided profits of these institutions at the same date were $34,087,797.00, a gain during the year of $1,366,684.00. The savings banks of the State at the date of the last report carried 2,406,660 open accounts. Their total resources were $1,275,189,167.00, which is a gain of $53,764,165.00 over the previous year. The ntfmber of trust comp-anies reporting on July i, 1904, was eighty. From July i,. 1903, to the ensuing January there had been a decrease of more than one hundred million dollars in the combined assets of these institutions, which had been altogether recovered on July i, 1904, with over sixty million dollars besides, making the total resources of these companies on the last-named date $1,208,450,930.00. Their combined surplus and undivided profits at the same date were $144,- 345,580.00. The aggregate resources of all the institutions subject to the Banking Department at the dates of the last reports by them were $2,988,602,422.00, or $181,233,853.00 more than at the corresponding dates in 1903. Restrictive legislation guarding the rights of the depositor and protecting him from loss caused by unsafe banking should be enacted and enforced. The list of securities in which sav- ings banks may invest the money of their depositors should be extended only with the greatest caution and upon the most satisfactory evidence that the added line of investments is one that is safe and conservative, not only for savings banks, but also for trust funds. Special legislation enumerating the authorized investments should be superseded by a general law, establishing proper standards of safety. Savings banks should be, if possible, limited to their original purpose of benevolent institutions organized to hold and invest the savings of small depositors, and the use of such institutions should be denied to 2 1 8 Public Papers of Governor Higgins people of wealth who are capable of managing their own affairs and who make large deposits therein for investment purposes only. Investment associations and concerns should be brought more strictly under State control, and such concerns whenever operating under unsafe and vicious systems should be sup- pressed. Bank directors should be compelled to make periodical ex- aminations of the books of their institutions and should be held responsible for the thoroughness and sufficiency of such exami- nations. Building and loan associations should without excep- tion be prohibited from loaning their funds upon second mortgage. The Superintendent of Banks should be directed by law to examine, at least once in every six months, the books and securities of all banks and trust companies. The attention of the business world is again attracted to the evil results of unrestricted loans by banking institutions to favored individuals so that the solvency of the banks and the safety of depositors are made to depend to a large extent upon the financial integrity of a few borrowers. Safe banking re- quires that liabilities to the bank be distributed in number and restricted in amount. The provisions of the National Bank Act limiting the total liabilities for money borrowed by any person to ten per cent, of the amount of the paid-in capital stock of the bank are to be commended". I recommend that, with reasonable exceptions as to the discount of strictly busi- ness or secured paper, the similar provision in the State law be amended by fixing the amount to be loaned to the individual borrower at not more than twenty per cent, of the capital stock actually paid in. Public Papers of Governor Higgins 19 Insurance The volume of business conducted by the corporations, companies and societies under the supervision of the Insurance Department has materially increased. The total amount of risks in force at the close of the last calendar year, including life, fire and marine insurance was $37,501,282,689.00. It is obvious that the State owes a duty to its citizens who invest their money in insurance to this vast extent to exercise proper supervision and control over the companies doing business within its limits. No insurance company, association or frater- nal order that fails to meet its obligations in full within a reasonable time after they accrue, should be allowed to do new business. Excise The total gross receipts under the Liquor Tax Law for the period beginning May i, I903, and ending April 30, 1904 — the statutory liquor tax year — amount to $17,797,642.84. This is an increase of $5,210,942.52 over the receipts for the previous year. The State's share of the liquor tax for the year ending April 30, 1904, amounts to $9,200,560.59, being an increase of $4,694,057.25 over the previous year. The locali- ties show an increase of $516,855.27 in the receipts for the year ending April 30, 1904, over the receipts for the previous year. During the year ending April 30, 1904, 28,829 certificates were issued, as against 30,144 for the previous year, being a decrease of 1,315 certificates, or 4.3 per cent. The estimated total gross receipts for the year beginning May I, 1904, and ending April 30, 1905, are $17,900,000.00. The right to determine by popular vote whether trafficking in liquors shall be permitted in a locality, is now limited to the towns of the State. It is, in my judgment, worthy of the 20 Public Papers of Governor Higgins consideration of the Legislature whether this right of local option should not be extended to cities and the divisions thereof. Education Unification of the educational system is established. The new organization is in good working order. The unfortunate controversies which existed under the dual system have been happily terminated. The growth of our school system during the past ten years has been marked, as appears from the following statistics: Ten years ago there were 11,778 school districts in this State employing 25,414 teachers and registering 1,083,228 pupils. The average daily attendance of these pupils was 668,097 ^rid the expense of maintaining the schools was $18,- 921,246.00. According to the last complete report there are 11,726 school districts ■ — a decrease of 52 ; 34,453 teachers employed — an increase of 9,039 ; 1,256,874 pupils registered — an increase of 173,646; a daily average attendance of 928,335 — an increase of 240,238; a total expenditure for school purposes of $41,- 418,096.00 — an increase of $22,496,850.00. Ten years ago the State paid toward maintaining these schools, exclusive of aid given to high schools, $3,712,352.00. Under the last apportionment State aid amounted to $3,970,- 555.00 — an increase of $258,203.00. From these two groups of figures it appears that the aid given by the State to the schools has not kept pace with the growth of the schools. Ten years ago it amounted to $3.43 per pupil ; the last report shows that it amounted to $3.16 per pupil, or a decrease of $0.27 per pupil. Included in the above figures for ten years ago were 285 high schools maintained at an expense of $1,698,860.00. These Public Papers of Governor Higgins 21- schools employed 1,158 teachers and registered 29,668 pupils. The last report shows 636 high schools — an increase of 351 ; 3,506 teachers — an increase of 2,348; 81,108 pupils — an increase of 51,440; amount expended, $5,007,055.00 — an in- crease of $3,308,195.00. The State aid given to high schools ten years ago amounted to $78,897.00; the amount so appor- tioned in the last report is $290,025.00 — an increase of $2TI,- 128.00, or about 267 per cent. Ten years ago the State rendered aid to the public high schools to the extent of $2.66 per pupil ; last year this amount was $3.58 — an increase of $0.92 per pupil. Ten years ago there were 93 colleges in the State employing faculties numbering 2,212 members and instructing 21,833 students with an expenditure of $4,792,987.00. The last report shows 119 colleges — an increase of 26; 3,871 members of the faculty — an increase of 1,659; 39'7^^ students — an increase of 17,885, and expenditures amounting to $10,061,269.00 — an increase of $5,268,282.00. Ten years ago there were 125 private academies employing 1,031 teachers, instructing 12,131 pupils, with an expenditure of $1,141,422.00. The last report shows 144 private academies — an increase of 19; employing 1,288 teachers — an increase of 257; instructing 13,988 pupils — an increase of 1,857; e^" pending therefor $2,099,945.00 — an increase of $958,523.00. The State aid given these private academies ten years ago amounted to $17,956.00. The amount so apportioned in the last report was $22,332.00 — an increase of $4,374.00. Child Labor New York is in advance of most of the states of the Union in the matter of legislation on the subject of child labor. The law, however, is not rigidly enforced and the lack of proper 22 Public Papers of Governor Higgins legislation in neighboring states makes it difficult to establish proper restrictions upon the work in this State. Uniform- ity of legislation on the subject of labor is a matter which should be strongly urged by the State of New York, in order that the condition of women and children may be ameliorated throughout the country and in order that the industries of the State may be relieved from the unfair competition of those states which place no restriction upon the subject. The place for children of school age is in the school, and they should not be withdrawn therefrom, or allowed to work in any way which interferes with their school attendance, before they reach the age at which primary education ordinarily ends. Agriculture The liberal appropriations made for the State Department of Agriculture, the Agricultural Experiment Station at Geneva, the College of Agriculture and the Veterinary College at Cornell University, the State Fair and the county and town fairs, indicate the fostering care which the State exercises over the development of its agricultural interests. The functions of the State in this regard should be two- fold : first, educational, whereby conditions are aimed at which will insure a uniform high standard for agricultural products in this State, whereby the ravages of disease may be prevented and checked, whereby improved methods of cultivation and production may be introduced and whereby the farm, the dairy and the orchard may be brought to their highest state of productivity; and, secondly, protective, whereby the preven- tion and detection of the sale of adulterated food products are sought. The value of this work depends upon the thorough- ness and skill with which it is done. The work of. the State Department of Agriculture is far-reaching in its character. Public Papers of Governor Higgins 23- Its effectiveness depends largely upon the care and precision with which the statutes are drawn under which its duties are executed. I especially recommend to your consideration the report of the Commissioner of Agriculture in this regard. Prisons The laws relative to penal institutions and prison admin-^ istration and to the method of dealing with criminals have undergone radical changes in this State in recent years. Penologists still maintain that our prison laws are largely anomalous and antiquated, and they urge the adoption of a system of State control for all State offenders, the extension of the parole system, the enlargement of the reformatory idea, and other changes looking toward a more consistent and scientific treatment of the subject. I recommend to the Legis- lature the consideration of this problem and the wisdom of adopting more modern methods when the finances of the State will permit. I also recommend that some provision be made for the transfer from penal institutions of imbeciles and idiots committed thereto, to other State institutions where they may receive pfoper treatment. State Architect The State Architect reports that he has had for some time past an average of 150 contracts, large and small, in force at one time and scattered all over the State. For the past year or two appropriations have been given his office covering the services of but four regular inspectors. It is obvious that these four men can by no means cover the ground. The interests of the State should not be permitted to suffer by reason of insufficient inspection and in my judgment such interests can be so far promoted by thorough and careful 24 Public Papers of Governor Higgins inspection as to save to the State more than the amount of the salaries paid for proper supervision of the work done under building contracts. The law should give the State Architect ample time to pre- pare plans and specifications for public buildings. He should not be expected to have completed plans for any important work prepared in less than six months after the appropriation therefor is made. Public Buildings The Superintendent of Public Buildings again calls atten- tion to the inadequate office space contained in the State buildings and to the fact that the State is hiring offices for certain departments for which there is no room in the State buildings. The suggestion is made for the removal of the Department of Education, including the State Library, from the Capitol to a separate building to be constructed for its accommodation. The Superintendent also again calls atten; tion to the unsatisfactory condition of the plumbing, heating, lighting and drainage of the Capitol, and I recommend that careful attention be given to his report on this subject. Civil Service The Constitution of the State provides (Article V., Section 9) that " Appointments and promotions in the civil service of " the state, and of all the civil divisions thereof, including " cities and villages, shall be made according to merit and " fitness, to be ascertained, so far as practicable, by examina- " tions, which, so far as practicable, shall be competitive." The Civil Service Law provides specifically for the classi- fication of the civil service of the State and the civil service of the various cities of the State, but provides only in general terms that the State Civil Service Commission may from time Public Papers of Governor Higgins 25 to time extend the classification to the other civil divisions of the State whenever practicable. This discretionary power has been exercised in but one instance, when, in June, 1900, the classification was extended to the county service of New York, Kings, Queens, Richmond and Erie counties. The counties of Albany, Monroe, Onondaga and Rensselaer contain cities of the second class and have a population of upwards of 150,000 each, with the exception of Rensselaer, which has a population of 121,697. The following counties also have a population of upwards of 100,000 each: West- chester, 183,37s; Oneida, 132,800; Orange, 103,859. In these counties are institutions for the care and confinement of the delinquent and dependent classes and public offices where the rule of the Constitution can well be applied. In the smaller counties of the State where the employees are few in number and where the fee system prevails, there is difficulty in applying the merit system effectively, but in these larger counties there seems no reason why the merit system should not profitably be extended to comply with the mandate of the Constitution. The Society for the Reformation of Juvenile Delinquents in the City of New York maintains a house of refuge for juvenile delinquents on Randall's Island. While it is a private corporation, the managers being elected by the members of the society, yet children are committed to such house of refuge by the courts and the State appropriates annually a large sum for the maintenance of such juvenile delinquents. The officers and attendants of the Randall's Island institu- tion are paid by the corporation out of funds received from the State. Such employees are about 114 in number and their payrolls for the fiscal year ending September 30, 1904, amounted to $73,184.13. The society is essentially a state 26 Public Papers of Governor Higgins agency and the civil service provisions of the Constitution should be applied to the appointment and promotion of such employees, as a condition precedent to the further receipt of state aid. Public Health The best methods of preventive medicine and public hygiene should be adopted by the State and the civil divisions thereof. Germ diseases may be classed as preventable diseases, particu- larly those that are caused by the contamination of the water supply. All sources of public water supply should be exam- ined and analyzed by the State Commissioner of Health as rapidly as possible and at frequent intervals. The private water supply of public resorts should also be subjected to state analysis and the results should be made public. I recommend that the Legislature devise a system of state inspection of domestic water supplies, to be maintained at the cost of the municipalities, corporation and private owners affected thereby. The growing demands for additional water supplies in the greater cities and for adequate supplies of pure and wholesome water for domestic purposes in other municipalities indicate that in the not distant future the problem of water supply for municipalities will be a most serious one. It seems doubtful whether all centres of population can continue indefinitely to rely upon a natural supply of pure and wholesome water with- out recourse to artificial methods of purification. The ques- tion presents itself whether it is not feasible to develop some plan whereby the municipalities may be insured a water supply at a minimum cost under state supervision through state con- servation of the waters of the Adirondacks and other sources. The Legislature of 1904 enacted a law creating a water stor- age commission which has for its object practically the con- Public Papers of Governor Higgins 27 servation of water for power purposes. A State commission, having also for its object the supply of water to the cities might be of great service. Fish, Game and Forests The forests and streams of the State should be made attractive places of resort for the invalid and for those in search of wholesome recreation in the open air. To this end the fish, game and forest laws should be strict and consistent. The preservation of the wilderness and the restocking of the waters of the State with food fish, and the protection of game, should, in my judgment, be encouraged, not only for the benefit of our own people, but for the purpose of attracting to our State the ever-growing army of sportsmen and pleasure- seekers. The policy of the State towards the extension, preservation and control of the Forest Preserve demands careful attention, and I shall at some later date communicate to you by special message my recommendations on that subject, whereby I hope to be able to outline a more comprehensive and consistent treatment than would be proper within the limits of this message. United States Deposit Fund The Comptroller in his report of 1903 states that, " This " trust fund under the State Finance Law is included with the "common school and literature funds as a part of the educa- '■ tion fund, by Article IV. of that statute, but is managed pur- " suant to provisions applied to no other fund or class of " investments for public moneys, with results and tendencies " so unsatisfactory that a change of method seems imperative " for the preservation of the fund and for the advantage of 28 PuBuc Papers of Governor Higgins " the citizens entitled to the benefits contemplated by the " original acts under which the money was accepted by the " State." The United States Deposit Fund is distributed in the care of 122 loan commissioners, two in each county. It is loaned on real estate mortgages on improved lands worth double the amount applied for, exclusive of buildings. With the lapse of sixty years the benefits to be derived from distributing loans of small amounts in remote districts have become legendary and the method proves to be antiquated, expensive and ineffi- cient for the purpose. During the past fiscal year the fund suffered a diminution from losses on foreclosure of mort- gages, and other causes, of $169,312.73. The law requires that transfers be made from the general fund to maintain the principal of this fund intact. The annual net income from the fund for the year ending September 30, 1900, is stated by the Comptroller to be less than .2 of one per cent. The average net rate of interest on loan commissioners' mortgages since the year 1895 is 2.2 per cent. During the same period the net rate of interest received on municipal bonds held by the Comptroller is 3.75 per cent. At the close of the year 1902 the State owned approximately 18,000 acres of land acquired through foreclosure of loan mortgages, upon which the rents collected for that year were less than one per cent, of the cost of the land to the State. The acreage from this source is constantly increasing, much of it unsalable or only to be disposed of at heavy loss. The tendency appears to be that this trust fund will become an annual charge upon the tax- payers, instead of an aid, unless some remedy is provided. I therefore recommend that the present system of investments be changed and that the fund be held and managed under the supervision of the Comptroller's office in some such man- Public Papers of Governor Higgins 29 ner as the common school fund and Hterature fund now are held and managed. Tenement House Law The Court of Appeals has finally upheld the constitutional- ity of the only part of the Tenement House Law of 1901 which has been contested in the courts. This measure is one not only of charity, but also of justice; not only for the benefit of the poorest families, but also for the general welfare of the community. For its enactment and enforcement my predeces- sor is entitled to the highest credit. The law is now definitely established. Large sums of money have been expended under it, and it would seem to be of the utmost importance that no change should be made in it except where the necessity therefore is apparent. Preservation of Places of Scenic and Historic Interest The preservation of historic objects or picturesque places in the State should be encouraged. The beautiful and wonderful features of natural landscape should be protected from dis- figurement, and places and objects identified with the history of the State should be saved from obliteration. It does not seem necessary that the State should expend large sums of money for this purpose, but it should aid by legislation, where- ever possible, the protection of natural scenery and encourage the work of those associations which are organized for the purpose of commemorating historic events and marking points of historic interest. Legislation which seeks to promote the ifnprovement of cities and villages by the adornment of their parks and thoroughfares, and which compels the removal of the unsightly and disfiguring from public places, should be enacted. 30 Public Papers of Governor Higgins Louisiana Purchase Exposition at St. Louis New York State participated with success in the great exposition which has just closed at St. Louis. The exhibits of the State received suitable recognition in the awards made by the exposition authorities. The grand total of awards to this State was 559. The supremacy of the State in many of the departments in which exhibits were made was demon- strated. The work of the commissioners was performed with zeal and discrimination and reflects credit upon the State. I desire to renew the recommendation of my predecessors, that laws, so far as possible, be general in their application and that the unnecessary multiplication of statutes be avoided. The Constitution of the State in terms prohibits many classes of special acts and the spirit of the Constitution and of our institutions demands the application of the principle of equal rights to all and special privileges to none. I commend to your thorough study the reports of the vari- ous departments which are about to be submitted to you. They contain much that is of high value and great interest to the student of governmental affairs. It is impossible in the limits of this message to extract therefrom more than the broadest generalizations. The work of the departments is in a satisfac- tory condition and the reports of the heads thereof are thor- ough and exhaustive. FRANK W. HIGGINS Public Papers of Governor Higgins 31 TEMPORARY DESIGNATION OF JUSTICE NATHAN L. MILLER TO THE APPELLATE DIVISION, SECOND DEPARTMENT STATE OF NEW YORK Executive Chamber In accordance with section 2 of article VI of the Consti- tution and the statute in such case made and provided the Hon. Nathan L. Miller of the city of Cortland and county of Cortland who is a Justice of the Supreme Court for the Sixth Judicial District is hereby temporarily designated as an Associate Justice of the Appellate Division of the Supreme Court for the Second Judi- cial Department, it appearing to my satisfaction upon the certification of the Honorable Michael H. Hirschberg the Presiding Justice thereof that an additional Associate Justice is necessary for the speedy disposition of the business of the court. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany this fifth day of [l s] January in the year of our Lord one thousand nine hundred and five. FRANK W. HIGGINS By the Governor: Frank E. Perley Secretary to the Governor 32 Public Papers of Governor Higgins REDESIGNATION OF JUSTICE WILLIAMS TO THE APPELLATE DIVISION, FOURTH DE- PARTMENT STATE OF NEW YORK Executive Chamber In accordance with section 2 of article VI of the Constitu- tion and the statute in such case made and provided the Hon. Pardon C. Williams of the county of Jefferson, who is a Justice of the Supreme Court of the Fifth Judicial District is hereby redesignated as an Associate Justice of the Appellate Division of the Supreme Court in and for the Fourth Judicial Department for the term of five years from and after the 15th day of January 1905, his prior designation as such Associate Justice being about to expire. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany this sixth day [l s] of January in the year of our Lord one thousand nine hundred and five. FRANK W. HIGGINS. By the Governor: Frank E. Perley Secretary to the Governor Public Papers of Governor Higgins 33 DESIGNATION OF JOHN F. O'BRIEN AS MEMBER OF A BOARD TO ACQUIRE LANDS FOR THE STATE STATE OF NEW YORK Executive Chamber It appearing to my satisfaction that the public interest re- quires it Therefore in accordance with section three of chapter ninety-four of the laws of 1901 John F. O'Brien of West Chazy, a Commissioner of the Land Office, is hereby designated to act with the Forest, Fish and Game Commis- sioner in acquiring lands for the State. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany this twenty- [l s] seventh day of January in the year of our Lord one thousand nine hundred and five. FRANK W. HIGGINS By the Governor : Frank E. Perley Secretary to the Governor 3 34 Public Papers of Governor Higgins DESIGNATION OF JOHN G. WALLENMEIER, JR., AS MEMBER OF A BOARD TO ACQUIRE LANDS FOR THE STATE STATE OF NEW YORK Executive Chamber It appearing to my satisfaction that the public interest re- quires it Therefore in accordance with section three of chapter ninety-four of the laws of 1901 John G. Wallenmeier, Jr. of Tonawanda, a Commissioner of the Land Office, is hereby designated to act with the Forest, Fish and Game Commis- sioner in acquiring lands for the State. , Given under my hand and the Privy Seal of the State at the capitol in the city of Albany this twenty- l^L s] seventh day of January in the year of our Lord one thousand nine hundred and five. FRANK W. HIGGINS By the Governor: Frank E. Perley Secretary to the Governor CERTIFICATE OF SENATOR DEPEW STATE OF NEW YORK Executive Chamber To THE President of the Senate of the United States : This is to certify that on the i8th day of January, 1905, Chauncey Mitchell Depew was duly chosen by the Legislature Public Papers of Governor Higgins 35 of the State of New York, a Senator from said State, to repre- sent said State, in the Senate of the United States, for the term of six years, beginning on the 4th day of March, 1905. Given under my hand and the Great Seal of the State at the Capitol in the city of Albany this seventh [l. s.] day of February, nineteen hundred and five. FRANK W. HIGGINS Governor Attest : John F. O'Brien Secretary of State MESSAGE TO THE LEGISLATURE RECOMMEND- ING A STATE WATER SUPPLY COMMISSION STATE OF NEW YORK Executive Chamber Albany, February 20, 1905 To THE Legislature: The problem of providing an additional water supply for the city of New York that shall be abundant in quantity and" satisfactory in quality is one which demands present and earijtest attention. The City's needs are urgent and legislation is sought for its relief. -- " The charter of New York City (Sec. 472) provides that " Tlig . commissioner of water supply, gas and electricity, with tfe approval of the board of estimate and apportionment, shall have power within and throughout the state of New York, to select and to determine all sources of water supply that may be needed for the "supply of the public vvater-works of said city, and for the supply and distribution of water in said city. Any sources of water so selected and determined by him 36 Public Papers of Governor Higgins shall be deemed necessary for the public use of the City of New York, and thereupon, with the approval of the board of estimate and apportionment, together with the authority of the board of aldermen expressed by its resolution or ordinance, it shall be lawful for the City of New York to acquire by condemnation any real estate or any interest therein that may be necessary in order to acquire the sole and exclusive prop- erty iii such source or sources of water supply, and to wholly extinguish the water rights of any other person or corporation therein, with the right to lay, relay, repair and maintain aqiie- ducts, conduits and water pipes, with the connections and fix- tures on the lands of others, and, if necessary, to acquire by condemnation, lands for such purpose in any county or counties through which it may be necessary to pass in con- ducting such waters to the City of New York ; the right to intersect and to direct the flow of water from the lands of riparian owners, and from persons owning or interested in any water, and the right to prevent the flow or drainage of noxious or impure' matters from the lands of others into its reservoirs or sources of supply, provided that it shall not have power to acquire or to extinguish the property rights of any person or corporation in or to any water rights that at the time of the initiation of proceedings for condemnation are in actual use for the supply of the water-works of the people of any other city, town or village of the state, or for the supply and distribution of waters to the people thereof; or which in the opinion of the court on such proceedings may reasonably become necessary for such supply or to take or use the water from any of the canals of the state, any canal reservoirs, or waters used exclusively as feeders for canals, or from any of the streams acquired by the state for supplying the canals with water. * * * The City of New York is authorized to acquire Public Papers of Governor Higgins 37 by purchase, lease, or otherwise, lands or water in any other State, or rights, interests, or privileges in, to or over any lands or water in any other state for the purpose of supplying water to- the City of New York." ; This sweeping provision has proved inadequate. Change of administration is followed' by re-investigation and modification or condemnation of previous plans. - Continuity of action can scarcely be expected when- the policy of the department may be altered every two years. Each . new commissioner lacks the time, if not the ability, to work out the problem him- self. The extension of the -present system of supply cannot much longer be carried on by piecemeal — a method which- involves the maximum of expenditure and the minimum of -re- sult. A - continuous body, composed of able and interested men, selected without .reference to political -affiliations can alone, in my judgment, deal adequately with the water ques- tion. The power of appointment of such a commission or board should be lodged in the hands of the Mayor, as is de- rnanded by the spirit if not by the letter of the constitutional provision guaranteeing to cities the right to select- their own local officers. But to emphasize the proposition that the problem is strictly one of business and not of politics, to en- courage the careful and judicious consideration of the proper qualifications for the position by capable counsellors, and to create the utmost confidence on the part of the citizens in the independence and ability of the new commission, it would seem expedient to permit such organizations as the Chamber of Commerce, the Manufacturers' Association and the Ameri- can Society of Civil Engineers to nominate to the Mayor a ligt of candidates from which he shall select his appointees. . Such legislation is urged by the city authorities, and I rec- ommend to you its prompt consideration. 38 Public Papers of Governor Higgins But while the legislature is considering the needs of the City of New York it should also consider its duty to the state and to other civil divisions of the state. Under the exist- ing law (City Charter Sec. 472 above quoted), the commis- sioner of water supply is authorized to select and condemn sources of water supply throughout the state, subject only to the restriction that he shall not take from another municipality its water supply in actual use or waters which may reasonably become necessary for such supply, or interfere with the canals of the state. The commissioner of water supply may therefore take water rights anywhere in the state, subject only to the approval of the board of estimate and apportionment and the board of aldermen, and the restrictions above referred to. Other munic- ipalities are not in a position before the court to protect their prospective needs. In condemnation proceedings under this section of the city charter, compensation is paid only for the value of property actually taken. Collateral and consequential damages are not considered. With the taking and destruction of the factory on the water shed the store may lose its cus- tomers, the church its worshippers, and the village its popula- tion. Values may thus be depreciated without compensation where there is no actual taking of property by the City. Local opposition to the extension of the City's water system into a community is therefore natural and not unjustifiable, and has resulted in special legislation excluding the City of New York from various convenient sources of supply which might be used under proper restrictions. An abundant supply of water for domestic purposes exists if it is properly conserved and distributed. Millions of gallons run daily to waste. It seems entirely feasible to utilize the sources of supply with economy and with justice to all in- Public Papers of Governor Higgins 39 terests. But in my judgment this requires state supervision. A State commission, which shall examine and pass upon all plans for new sources of water supply or extensions or addi- tions to existing supplies, and which shall be vested with power to approve or disapprove such plans seems to be needed to protect the general welfare. The members of such com- mission should have proper scientific and legal qualifications and a reasonably long and secure tenure of office. Its deter- minations should be subject to speedy judicial review by the Appellate Division of the Supreme Court at the instance of parties aggrieved. Without indicating further the details of such bills as may be necessary to accomplish the two-fold result of providing the City of New York with water and protecting other local- ities of the State from injury, I earnestly -recommend early action on the part of the legislature dealing comprehensively with the whole subject. FRANK W. HIGGINS VETO OF ASSEMBLY BILL No. 183, REGARDING THE PALMYRA CLASSICAL UNION SCHOOL STATE OF NEW YORK Executive Chamber Albany, February 22, 1905 To THE Assembly : I herewith return without approval Assembly bill, Intro- ductory number 182, Printed number 183, entitled: " An Act to authorize the erection of an addition to present school building by the Palmyra classical union school in school 40 Public Papers of Governor Higgins district number one, in the town of Palmyra, and to provide for the payment therefor." My objections tnereto are that it is unnecessary special legislation. The bill authorizes the board of education of the Palmyra union school to erect an addition to the pres-' ent school building at a cost of $12,000, to issue bonds to pay for the same, and to levy a tax to pay the principal and interest of said bonds. Section 42 of title 8 of the Consoli- dated- School Law, read in connection with sections 9 and 10 of such title, seems to give the board of education of the Palmyra union school ample power to levy' taxes and issue bonds for school purposes when authorized by a majority of the' voters of the district. 'But it is said that there is a doubt as to the application of these sections of the general school law to Palmyra, by rea- s'On' of the fact that the Palmyra classical union is incor- porated under a special act (Ch. 296, laws of 1857), which limits the amount to be raised by taxation in any one year. Assuming that such limitation applies, the legislature should not be called upon to pass a special act whenever a school district desires to build or enlarge a school house. If existing legislation is inadequate to accomplish the purpose, the proper remedy is an amendment of the law, extending the powers of the voters of the school district' to determine for themselves from time to time the amount of money they shall raise for school purposes. If the legislature is called upon to act when- ever a school district desires to spend ten thousand dollars for school buildings, the fundamental principles of local self- government are violated and the time of the legislature unnec- essarily occupied by matters of no general concern. I have requested the recall of several bills sent to me this session, where the purpose of the proposed act could, in my Public Papers of Governor Higgins 41 judgment, be accomplished under existing general laws, or where, in my judgment, general laws should be passed to cover the case. I return this bill without approval in order to bring to the attention of the legislature the policy adopted by the Executive. FRANK W. HIGGINS. REDESIGNATION OF JUSTICE HATCH TO THE APPELLATE DIVISION, FIRST DEPARTMENT STATE OF NEW YORK ^ Executive Chamber In accordance with section two of article six of the Con- stitution and the statute in such case made and provided, the ,1 Honorable Edward W. Hatch of the city of Buffalo, who is a Justice of the Supreme Court of the Eighth Judicial District is hereby redesignated as an Associate Justice of the Appellate Division of the Supreme Court in and for the First Judicial Department for the term beginning with the sixteenth day of April, 1905, and terminat- ing with the expiration of his present term of office on Decem- ber 31, 1909, his prior designation as such Associate Justice being about to expire. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany this first day [l. s.] of March in the year of our Lord one thousand nine hundred and five. FRANK W. HIGGINS. By the Governor : Frank E. Perley Secretary to the Governor 42 PuBLid Papers of Governor Higgins 'I m REDESIGNATION OF JUSTICE JENKS TO THE APPELLATE DIVISION, SECOND DEPART- MENT. STATE OF NEW YORK Executive Chamber In accordance with section two of article six of the Con- stitution and the statute in such case made and provided, the Honorable Almet F. Jenks of the county of Kings, who is a Justice of the Supreme Court of the Second Judicial District is hereby redesignated as an Associate Justice of the Appellate Division of the Supreme Court in and for the Second Judicial Department, for the term of five years, beginning on the fourth day of April, 1905, his prior designation as such Associate Justice being about to expire. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany this first day [l. s.] of March in the year of our Lord one thousand nine hundred and five. FRANK W. HIGGINS By the Governor: Frank E. Perley Secretary to the Governor Public Papers of Governor Higgins 43 MATTER OF THE EXTRADITION OF GEORGE W. HARRIS AND BENJAMIN J. DREYER — DECI- SION BY THE GOVERNOR STATE OF NEW YORK Executive Chamber Albany, March 9, 1905 In the matter of the Extradition of George W. Harris and Benjamin J. Dreyer. Decision by the Governor : The only question in this case is whether it sufficiently appears from the papers accompanying the requisition and the proofs taken upon the hearing before me that the persons whose surrender is demanded are fugitives from the State of New Jersey and ought to be surrendered as such. The requisition is based upon five indictments found by the grand jury of Hudson County, New Jersey. The first of these charges the persons named with the crime of obtaining money by false pretenses committed in the county of Hudson on divers days and dates between the first day of February and the first day of July, 1904. The second charges that on January 3,1, 1904, in said county they unlawfully converted to their own use two hundred shares of stock of the Rock Island Railroad Company, the property of the complainant. The third and fourth are like the second, charging the same or what appears to be the same crime, except that the 44 Public Papers of Governor Higgins third charges it to have been committed on the twelfth day of May, 1904, and the fourth that it was committed on divers days and dates "as in the first indictment. The fifth charges that on the twenty-fifth day of November, 1903, at Hoboken, in said county, they and Henry C. Robin- son conspired and agreed together to cheat the complainant and to embezzle the property entrusted to their care by him, and. that in execution of said agreement they did on said November 25th and on other days particularly specified, dis- pose of said property and convert the proceeds to their own use. The evidence to show that they were in the State of New Jersey at the time when the several crimes are alleged to have been committed is in the form of affidavits made by the com- plainant and others. They consist of but little more than mere statements that on certain days named therein they were there. That made by the complainant avers that and nothing further. He does not say that he saw them, or had any communication or transaction of any kind .with them or either of them, and does not mention a single circumstance connected with their being there ; he merely says they were there. The other affidavits go but little further. In some of them it is alleged that the person making the affidavit saw and talked with them or with one of them in Hudson County on certain days named, and in some instances the days so named are among those alleged in the indictments, but there is not the slightest intimation in' either of the affidavits that at any time anything was said or done that could have constituted a crime or any part of one, or have been in any way connected with the criminal offenses charged in those, indictments. In answer to this evidence the demanded persons were sworn and both of them testified in substance that they never ; Public Papers of Governor Higgins : 45 at any time saw the complainant or had any transaction of any kind with him in the State of New Jersey, and that they never saw him at all until they saw him in the city of New York after their failure in September last. One of them, Mr. Dreyer, testified that he was never in his life time in the city of Hoboken, the place named in the conspiracy indictment, and that although he did on several occasions pass through Hudson county on a railroad train, he never stopped there. This testimony stands wholly undisputed. Now, it cannot be said that there is no proof at all that the demanded persons are fugitives from justice, but it cer- tainly is true 'that such proof as there is, is exceedingly meager and unsatisfactory. As to some of the indictments there is none at all. There is no evidence whatever that either of the demanded persons was in the State of New. Jersey at the time alleged in the first indictment. The affidavits are that they were in that State on certain days named, but it is not alleged and there is no evidence to show that the crime charged in the first indictment was or is supposed to have been com- mitted on either of those days. The same is true with regard to the fourth indictment. In the second indictment it is charged that the crime was committed on the thirty-first day of January, 1904,- but there is no evidence that either of the demanded persons was . in New Jersey on that day. In the third indictment the twelfth day of May is the date given. There is no satisfactory proof that Harris was in New Jersey on that day ; but it is not denied that Dreyer was there. He himself testified that on that day he went to Paterson and returned to New York, but that he did not stop in Hudson county, and in substance that nothing took place that could form the basis of the accusation made against him. I have 46 Public Papers of Governor Higgins no doubt that he testified to the strict truth. There is noth- ing to contradict him, and that the fact is not as he testified has not been claimed. But I understand the contention of the counsel for the demanding state to be that, although the facts are as testified by Dreyer, still as the indictment charges him with a crime committed on a day when he was in that state, it is my duty to surrender him as a fugitive from justice. Un- der the circumstances of this case, I think not. There seems to be much confusion and uncertainty as to the date of the crime alleged in the third indictment. As already pointed out, the same crime, or what I take to be the same, is also charged in two other indictments which differ from the third only by giving a different date; hence, it is impossible to settle upon either date as the correct one. There is certainly nothing to show that the correct date is that stated in the third indictment, and the evidence given by Mr. Dreyer, so far as it has any bearing upon the question, goes to show that it is not. Consequently the facts necessary to constitute him a fugitive are, in my judgment, not proved. It may be that I am in error in assuming that the three indictments relate to the same transaction ; but in the absence of all proof I must either assume what seems most reasonable, or else blindly ignore plain and pertinent facts, which I cer- tainly ought not to do; and it is clearly more reasonable to suppose that these three indictments relate to the same trans- action than it would be to suppose that there were three differ- ent transactions all exactly alike. As to the fifth, or conspiracy indictment, there is no proof that either of the demanded persons was in New Jersev on the twenty-fifth day of November, 1903. There is some that they were there on other days named in the indictment, but it is of an exceedingly indefinite and uncertain character, as ■Public Papers of Governor Higgins 47 I have already pointed out. So far as Mr. Dreyer is concerned, very much of it was denied by him at the hearing; and as to Mr. Harris, I think that exclusive of the complainant's affi- davit, there is no proof whatever that he was there on either of the days named, except that in one affidavit it is said that he was there on or about February 8th. Upon a careful consideration of the whole case, I cannot escape the conclusion that I should be remiss in the duty which I %Yf^ to the demanded persons as citizens of this state, if I were to ■comply with the requisition made for their surrender. It is well settled- that in all cases it ought to be shown by positive proof that the iaccused is in fact a fugitive from justice of the demanding state. The nature and extent of the proof required will of course vary with the varying circumstances of the different cases. Where there is no con- troversy as a general rule, it need be but little if any more than a formal affidavit. But where there is controversy, the proof ought to be clear, definite and certain; and it is very far from being that in this case. My conclusion is that the warrant issued when the requisi- tion was presented should be revoked. FRANK W. HIGGINS MESSAGE TO THE LEGISLATURE CONCERNING THE STATE'S FOREST PRESERVE March 9, 1905 To THE Legislature: The State now owns nearly 1,500,000 acres of forest land in the Forest Preserve, title to about 775,000 acres of which was acquired through tax sales, and the remainder at a cost of 48 Public Papers of Governor Higgins nearly $2,800,000, directly appropriated for the purchase thereof. The Constitutional Convention of 1894 proposed to the people of the State a new rule to regulate the Forest Pre- serve of the State, which was adopted by the People and pro- vides that : "(Art. VII., Section 7.) The lands of the State now owned or hereafter acquired, constituting the Forest Preserve as now fixed by law, shall be forever kept as wild forest lands. They shall not be leased, sold or exchanged, or be taken by any corporation, public or private, nor shall the timber thereon be sold, removed or destroyed." This policy is at variance with the previous policy of the State, which was that forest conservation and utilization of the timber crop should^ go hand in hand. It absolutely pro- hibits on state; lands the - practice of scientific forestry, which in other countries not only improves the forest but also ifi- creases its yield of timber, and makes it a source of revenue to the State. It is safe to say that nearly every experienced forester was opposed to the ironclad provision that the forest preserve should be forever kept as " wild forest lands." The full meaning of the restriction against removing timber from the* forest preserve contained in the organic law is em- phasized by the opinion of Attorney-General Hancock, who said that the prohibition included '' every kind of timber, whether standing, felled by the axe, or thrown down by the forces of nature" (Report Attorney-General for 1895, p. 89), and also by the opinion of Attorney-General Cunneen, who said that the State had no power to permit the sale and removal of burnt timber on state lands which have been devastated by Public Papers of Governor Higgins 49 forest fires, and that " the expression ' wild forest lands ' in the Constitution indicated that it was intended to preserve these lands as a wilderness, in which the work of man should not appear." Nothing is to be taken away, and no trees are to be planted. The idea uppermost in the minds of the advocates of the constitutional provision above quoted was the protection of the sources of water supply, and the necessity of retaining the rainfall on the surface of the ground. Many consider the Forest Preserve as a great wilderness park or pleasure ground to be maintained for the benefit of those in search of health or recreation in the primeval forest. The economic use of the forest as a source of revenue through proper methods of cutting and reproduction, which should in no wise impair its other functions, has been sacri- ficed to its use for water protection and pleasure. The policy adopted by the United States government for the care of the Federal Forest reserves is diametrically oppo- site to that of the State of New York, and has recently been stated as follows: " Federal Forest reserves are now fixed facts. It is a serious thing to withdraw from settlement, as the government has done, some 63,000,000 acres of land. But when the character of this land is under- stood, and the purposes the reservations will accom- plish are known, it will be generally recognized that the area permanently reserved will serve the public best under forest cover. Its topography and soil unfit it for agriculture, but it is admirably suited to ti-ee growth. Wisely administered, it will continu- ously furnish an immense timber output, while its 4 so Public Papers of Governor Higgins influence in conserving the water supply for vast dependent agricultural areas will prove of inestimable value. The reserve laws provide for the sale of timber in small or large quantities to persons both in and outside the reserve. Thus, the forests can be made self-supporting, and through funds created in this way they can be protected from fire and be made more productive and useful. But in making these sales the future of the forest is more considered than the money return from the timber cut. Hence, the sales are strictly guarded by bonded contracts be- tween the individuals and the government. The con- tracts specify the amount of timber bought and the price to be paid, limit the area and time of cutting, prescribe simple and practical regulations to guard against fire, and cover all essential relations between the contracting parties pending the completion of the contract. No trees can be cut except those previ- ously marked by a government official. Under such contracts millions of board feet of lumber are an- nually being cut from the reserves, to the improve- ment of their condition. It is not the government's purpose to maintain the reserve forests untouched, but to use and develop them. Proper lumbering is as necessary to a produc- tive forest as protection. Mature or ripe trees should be cut not only for the same reason that wheat or corn is, to save and utilize the product, but also to promote reproduction. Agricultural crops require sowing or planting each year, but forests, properly thinned by cutting, reproduce themselves and furnish a continuous crop. That this work may be effec- Public Papers of Governor Higgins 51 tively accomplished there must be protection from fires and proper conditions for tree growth must be maintained. Important among these conditions is the demand of trees for room and sunlight. The young growth must be neither crowded nor shaded out. Thus, for the best results in reproduction the mature trees should be cut, and the dead and diseased timber should be disposed of as rapidly as' possible." It is proposed to amend the Constitution by adding to sec- tion 7 of article VII. a proviso that "the legislature may authorize the removal of dead timber on burned areas so far as necessary for reforestation, through officers and employees of the State, but not by contract." The resolution proposing this amendment was adopted by the legislature in 1904 and referred to the present legislature for its action. Undoubtedly, burnt timber, if removed at all, should be removed immediately after a fire, before it becomes worth- less by decay, except for the purposes of water protection. Experience has taught, however, that if a preference is given to the removal of burnt or down timber, live timber may speedily become burnt or down timber. If by carelessness or design forest fires occur, whereby not only the soft wood trees (which constitute about 30 per cent, of the forest) but also the remaining hard woods are destroyed, more serious injury is done than would result from any proper method of removing the full grown trees. Under the present Constitu- tion, the unlawful removal of burnt timber has recently given rise to numerous actions for trespass, which have been settled by the payment of considerable sums of money. Such tres- passes should not be permitted. The 'State should either pre- 52 Public Papers of Governor Higgins serve the present imperative rule against the removal of tim- ber, and enforce it rigidly by preventing trespasses, or else adopt a more liberal policy of scientific forestation, which will permit the removal, under proper State supervision, of trees that have attained their growth, as well as burnt and down timber. Lawlessness and encouragement to lawlessness should be suppressed, and all the penalties of the law should be im- posed to the utmost upon the timber thief. It is further proposed to amend the forestry section of the. Constitution by permitting the sale of lands outside the limits of the Adirondack Park and the Catskill Park, and the pur- chase of other lands with the proceeds of such sales. By this process about 7S,ooo acres of little value as forest lands could be excluded from the preserve, and the proceeds used to pur- chase valuable forests now within the limits of the preserve. I hereby recommend : 1. That the proposed constitutional amendment permitting the removal of burnt timber be not submitted to the people. 2. That the forest laws be so amended as to ensure the pre- vention of trespasses, to compel the prosecution of malicious trespassers, both civilly and criminally, to the full extent of the law, and the seizure by the State of all timber cut or removed by trespassers from State lands, and to prevent the condonation of trespasses. 3. That provision be made for the submission to the people of a constitutional amendment permitting a more scientific delimitation of the forest preserve, so as to permit the sale of lands other than wild forest lands now included in the preserve, and the purchase with the proceeds thereof of other forest lands. FRANK W. HIGGINS Public Papers of Governor Higgins 53 MATTER OF CHARGES AGAINST FRANK F. HUF- NAIL, COUNTY CLERK OF MONTGOMERY COUNTY— NOTICE AND SUMMONS STATE OF NEW YORK Executive Chamber In the matter of the charges preferred against Frank F. Huf- nail as county clerk of the county of Montgomery — Notice and summons. To Frank F. Hufnail, County Clerk of the County of Mont- gomery. You are hereby notified that charges of malfeasance in office and of violation of your oath of office and of neglect of duty, and of improper conduct, have been preferred against you in your capacity as county clerk of the county of Montgomery, bj^ the Amsterdam Bar Association, and a copy of said charges is herewith served upon you. You are hereby further notified to file your answer with me on or before the fifteenth day of March, 1905, and to appear before me at the Executive Chamber in the city of Albany on the twentieth day of March, 1905, at ten o'clock in the forenoon of that day, when you will be afforded an oppor- tunity to be heard in your defense in answer to such charges. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany this ninth day [l. 5.] of March in the year of our Lord one thousand nine hundred and five. FRANK W. HIGGINS GovernTian. Sentenced April, 1904, to be executed; county, Warren; crime, murder, first degree ; Clinton Prison. Commuted to imprisonment for life. Granted on the recommendation of the judges of the Court of Appeals. The facts of the case are stated in the opinion of the court, i8r New York Reports 235. The evidence given upon the trial as to the prisoner's in- sanity, although insufficient to establish a legal defense, did, nevertheless, show quite clearly that he was, at the time of the homicide, and for a long time before then had been, mentally unsound. It is therefore deemed inexpedient to inflict the death penalty. May 18, 1905. Domenico Di Mase. Sentenced January 25, 1904; county. New York; crime, manslaughter, first degree; term, thirteen years and seven months ; Sirtg Sing Prison. ; Commuted to one year, three months and twenty-one days, actual time. Public Papers of Governor Higgins 225 The prisoner is very ill^ can live but a short time, and his brother desires to take charge of him. Until his conviction he had always been of good character, and although there was no real justification for his crime, he acted, in committing it, under considerable provocation; and although he has served only a comparatively small portion of the sentence, I have thought it right, in view of all the circumstances, to commute it so that he need not die in prison. May 19, 1905. Arnold R. Weber. Sentenced January 21, 1904; county. New York; crime, grand larceny, first degree; term, three years and six months ; Sing Sing Prison. Commuted to one year, three months and twenty-nine days, actual time. This commutation was granted on account of the prisoner's illness. Fie died before it was received at the prison. May 19, 1905. Hugh Cunningham. Sentenced March 13, 1903 : county, Erie ; crime, burglary, third degree ; tenn, four years and four months ; Auburn Prison. Commuted to two years, two months and seven days, actual time. Recommended by the district attorney and the complainants. Cunningham is very ill with consumption and can not recover. June 28, 1905. Theodore Hibbard. Sentenced May 8, 1896; county, Oneida; crime, manslaughter; first degree (two indictments) ; term, forty years; Auburn Prison. Commuted to nine years, one month and twenty-one days, actual time. Hibbard, together with three companions, all about seven- teen years of age, engaged in and carried out a plan to wreck a passenger train on the New York Central Railroad, and IS 226 Public Papers of Governor Higgins thereby caused the death of the engineer of the train and of one other man. All were indicted for murder in the first de- gree. Hibbard and two of his codefendants (who have since died) were convicted of manslaughter, and were sentenced, each, to imprisonment for forty years. The other defendant was convicted of murder in the second degree, and was sen- tenced to imprisonment for life. Until the commission of this crime Hibbard had always borne an excellent character, and from the best information obtainable, it would appear that he was induced to take part in it by the over-persuasion and, it may be, the threats of his associates. At all events he was not the leader. Judge McLen- nan, who sentenced the four defendants, very earnestly recom- mends that Hibbard be released, believing that, considering his age and all the circumstances, he has been sufficiently punished. The same is also strongly urged by Judge Scripture, and by many other leading citizens of Rome, where Hibbard lived, and there is no opposition to it from any quarter. Hibbard's conduct in prison has been exemplary, he is now twenty-seven or twenty-eight years old, can have employment at once, and, as Judge McLennan says in his letter, if clemency is ever to be extended and is to be useful to him, it should be extended now. In my consideration of the case I have not overlooked the very serious nature of the crime, nor been unmindful of the evil that might well be expected to result from dealing too leniently with it. Nothing could be more mischievous than to have it supposed that such a crime could be suffered to go without full and adequate punishment. But I am fully con- vinced, after a careful review of all the facts, that the punish- ment in this case has been adequate and that I may safely grant the commutation without prejudice to public interests. Public Papers of Governor Higgins 227 June 30, 1905. Antonio Rego. Sentenced June 25, 1885; county, Onondaga; crime, murder, second degree; term, life; Aubvirn Prison. Commuted to thirty-five years, subject to deduction for good conduct. There is some doubt as to the real degree of Rego's crime. County Judge Ross, who is personally familiar with all the facts, and who joins with other prominent citizens of Syracuse in recommending clemency, writes that^ if Rego was guilty of any crime, it was not greater than manslaughter in the first degree ; that there were no circumstances in the case upon which to predicate the intent to kill which is necessary to con- stitute the crime of murder. Hon. Ceylon H. Lewis, who was district attorney at the time of the trial, is also in favor of clemency, and Judge Churchill, who presided, recommended several years ago that a pardon be granted. Rego's conduct in prison has been good, and if it continues good he will receive his discharge about a year hence. June 30, 1905. George Burse. Sentenced January 17, 1903 ; county, Wyoming ; crime, rape, second degree ; second offense ; term, ten years ; Auburn Prison. Commuted to two years, five months and nine days, actual time. Recommended by the judge, the district attorney, several of the jurors, and other citizens, residents of Wyoming County. The judge writes that, when passing- sentence, he felt that two years would be ample, but, the crime being charged as a second offense, ten years was the least he could impose. -He and the district attorney concur in the opinion that the former conviction, which was for forgery, was not warranted by the facts, that Burse was really innocent of that crime, and that 228 Public Papers of Governor Higgixs justly he ought not to suffer an increased punishment under his last conviction on account of it. June 30, 1905. Ernest Mueller. Sentenced October 16, 1903 ; county, New York ; crime, forgery, second degree ; mini- mum term, two years and six months ; maximum term, three years and six months ; Sing Sing Prison. Commuted to one year, eight months and sixteen days, actual time. Recommended by the complainant and other citizens. The term which the prisoner has now served, being equivalent, with allowance for good conduct, to a term of two years, is sufficient for the crime of which he was convicted, namely, the forging of a check for $5.00. June 30, 1905. William C. Wilson. Sentenced March 28, 1904 ; county, New York ; crime, forgery, second degree ; term, three years ; Sing Sing Prison. Commuted to one year, three months and two days, actual time. The prisoner forged the payee's name upon a check for $4.60. From the papers filed and from official reports I infer that that was the extent of his wrong doing, that it was his first and only criminal act, and that his previous character was in all respects good. Under the circumstances I think he has suf- fered all the punishment he deserved. July 6, 1905. William O'Connor. Sentenced November 12 1901 ; county. New York ; crime, assault, first degree ; term, three years and six months ; Sing Sing Prison. Commuted to two years and twelve days, actual time. Allowing for good conduct, tlie prisoner has less than eight jnonths to serve to complete the sentence, and clemency is Public Papers of Goveexor Higgins 229 recommended by eleven of the jurors and numerous other citi- zens. O'Connor has always been of good character, and the justness of his conviction is by no means free from doubt. July 6, 1905. Gus Steib. Sentenced November 8, 1901 ; county, Schenectady; crime, burglary, third degree, and petit larceny ; term, five years and six months ; Clinton Prison. Commuted to three years and eight months, actual time. Steib gained entrance to a saloon through a window, and stole property worth $5.75. The sentence seems unusually severe for a first offense and Steib has now served all but about two months of it, less time allowed for good conduct. Clemency is recommended by the district attorney and other citizens of Schenectady. July 8, 1905. George Lloyd. Sentenced January 12, 1905; county. New York; crime, attempting to commit burglary, third degree ; term, one year ; New York Penitentiary. Commuted to five months and twenty-eight days. There is some doubt as to Lloyd's guilt; but, without going into that question, it seems clear that whatever part he may have taken in the crime was due wholly to, the influence of an old offender. He was himself a man of good character, and the judge and the district attorney are of the opinion that his application for pardon ought to be granted. July 25, 1905. Emil Totterman. Sentenced March 2, 1904, to be executed; county, New York; crime, murder, first de- gree ; Sing Sing Prison. Commuted to imprisonment for life. While there can be no doubt that the prisoner killed the de- ceased, there is, in my judgment, not a little doubt as to the 230 Public Papers of Governor Higgins degree of his guilt. His good character up to the time of the homicide has been abundantly established upon the application for clemency, and, in view of what has been proved before me on that subject, it seems utterly incredible that he could have been in full possession of his mental faculties when he commit- ted this most extraordinary and shocking crime. On the trial no evidence whatever was introduced on the part of the de- fense. Had this evidence as to the prisoner's good character been placed before the jury I feel quite sure that the verdict would not have been of murder in the first degree. Totterman served as an enlisted man in the navy during the war with Spain, and Lieutenant-Commander Twining, who was in command of the division to which Totterman was at- tached, and who strongly endorses the petition for clemency, informs me that Totterman was one of the small number of persons, officers and men, who were awarded medals for es- pecially meritorious services. Rear Admiral Evans, to whom Totterman was known and under whom he served " faithfully and well," also urges that the sentence be commuted, and after a very careful consideration of all the facts, I have deemed it my duty to change the punishment to imprisonment for life. The case is reported in 181 New York Reports, 385, where the circumstances of the crime are fully stated. July 25, 1905. Giuseppe Patti. Sentenced November 15, 1898; county, Chautauqua; crime, murder, second degree; term, life ; Auburn Prison. Commuted to twenty years, subject to deduction for good conduct. Granted on the recommendation of the judge, the district attorney and other citizens. It is not by any means clear that Patti did not act in self defense. At any rate a verdict of man- Public Papers of Governor Higgins 231 slaughter would have been more satisfactory, and the punish- ment ought not to exceed the maximum for that offense, twenty- years. August 2, 1905. J. Fenimore Clayton. Sentenced January I7> 1885; county, Otsego; crime, murder, second degree; term, life; Auburn Prison. Commuted to twenty years, six months and sixteen days, actual time. Clayton killed his own daughter, a child about two years of age. There was no apparent motive or reason for the act. For a long time he had been addicted to the excessive use of intoxicating liquors, in consequence of which he was, at the time of the homicide, practically insane, and the district attor- ney who prosecuted him writes that he would not have been surprised had the jury acquitted Clayton on that ground. Nine of the jurors (all of the jury who are living) and many other citizens of Otsego County now unite with the district attorney in asking that Clayton be released upon the ground that he has fully atoned for his crime. During his long imprisonment his conduct has been always commendable, and some years ago, at the risk of his own life, he saved the life of a keeper of the prison upon whom one of the convicts had made a murderous assault. The term to which the sentence is commuted is equivalent, with the usual allowance for good conduct, to a term of thirty- four years. August 2, 1905. William A. E. Moore. Sentenced Decem- ber 2^, 1898; county, New York; crime, robbery, first degree; term, nineteen years ; Sing Sing Prison. Commuted to six years, six months and nineteen days, actual time. 232 Public Papers of Governor Higgins The sentence was altogether too severe. Ten years would have been ample, and, with legal deduction for good conduct, Moore has now served that term. August 2, 1905. Joseph Snitkin. Sentenced December 12, 1904; county, Suffolk; crime, receiving stolen goods; term, five years ; Sing Sing Prison. Commuted to three years, actual time. The prisoner has appealed from the judgment of conviction, and, although there is no doubt of his guilt, there are certain supposed errors in the case which might be held sufficient ground for a new trial. In order, therefore, to avoid expense and delay, the district attorney has proposed to the attorney for the prisoner that the appeal be discontinued upon condition that the sentence be reduced to three years. To this the pris- oner's attorney has agreed, and the judge concurring, I have deemed it proper to commute the sentence accordingly. August 2,1905. Richard Heyne. Sentenced January 20, 1905; county, New York; crime, false registration; minimum term, one year and three months; maximum term, two years and three months ; Sing Sing Prison. Commuted to six months and seven days. Granted on the application of the Attorney General who con- ducted the prosecution and who says that it appeared upon the trial that Heyne had obtained a place as poll clerk, and " sup- posing it to be necessary to have a residence in the same district in which he was to act as poll clerk, he registered in that elec- tion district, although his actual residence was elsewhere in the neighborhood. On the trial he was truthful, not denying any of the facts which the People proved, but simply stating the grounds and circumstances in extenuation," and upon the close of the evidence he pleaded guilty. Public Papers of Governor Higgins 233 It would appear that he was not a man of bad character, it may be that he did not fully realize the seriousness of the offense and perhaps the sentence might not unjustly have been more lenient, but it was thought best that "imprisonment should be imposed in order that the conviction and sentence might have some moral effect, not only upon the particular prisoner, but upon the community." Heyne was confined in the city prison from October 25th until the date of his sentence, and since then in Sing Sing, and has therefore been imprisoned a little over nine months. September 26, 1905. James Cooper. Sentenced March 24, 1905 ; county. New York ; crime, grand larceny, second degree ; term, nine months; New York Penitentiary. Commuted to six months and three days. Recommended by the judge and the district attorney. Cooper voluntarily confessed the crime, although he had not even been suspected of it. He is very repentant, and it would seem harsh and unjust to imprison him longer. October 4, 1905. John Spry. Sentenced March 25, 1904; county, Cattaraugus; crime, subornation of perjury; term, eight years; Auburn Prison. Commuted to one year, six months and ten days, actual time. Spry was convicted of subornation of perjury in inducing a witness to testify falsely in behalf of the plaintiff in an action against a street railway company. The president of the company and its counsel are convinced that Spry was not the prime mover in the affair, but was the mere tool of a more intelligent and experienced person, and upon that ground they urge very strongly that he be pardoned. My investigation of the case has led me to the conclusion that their view of it is 234 Public Papers of Governor Higgins fully warranted, and, therefore, that the sentence, which would otherwise have been no more than just, was, under the circum- stances, too severe. October 4, 1905. John Branton. Sentenced May 25, 1896; county, Kings; crime, burglary, second degree, and forgery, second degree, second offense ; term, twenty years ; Sing Sing Prison. Commuted to nine years, four months and ten days, actual time. Branton pleaded guilty to two indictments, one charging him with forging a check for $15, and the other with burglary in entering a dwelling house and stealing a small alarm clock, worth, perhaps, fifty cents. Both crimes being charged as second offenses the punishment imposed was necessarily severe, but it would, I think, be unjust to compel him to serve the whole term. That already served, which is legally equivalent to a term of fifteen years, is ample. October 4, 1905. Edgar E. DuVeau. Sentenced November 30, 1903 ; county, New York ; crime, attempting to commit robbery ; term, ten years ; Sing Sing Prison. Commuted to one year, ten months and four days, actual time. The prisoner devised a plan to commit a robbery and pro- posed to a companion that he should assist in carrying it out. This his companion agreed to do, but immediately informed the public authorities, under whose instruction he proceeded, with the prisoner, to make the necessary preparations, and when everything was in readiness and, as the prisoner supposed, the crime was about to be committed, he was taken into custody. He deserved punishment, but, in view of his previous good character, that imposed seems unduly severe. The district Public Papers of Governor Higgins 235 attorney, with whom the judge concurs, is of the opinion that it would be just to release him after service of a two years term, and that term he has now served, the usual allowance being made for good conduct. November 10, 1905. Morris Schoenholz. Sentenced Octo- ber 18, 189s; county. New York; crime, arson, first degree, second offense; term, forty-eight years; Sing Sing Prison. Commuted to ten years and twenty-five days, actual time. Since his conviction Schoenholz has been of material assist- ance in bringing to justice a number of persons guilty of the crime of arson in the city of New York, in consideration of which Governor Odell reduced the sentence to thirty years, subject to statutory commutation for good behavior. This was done pursuant to the recommendation of the district at- torney and of Judge Fitzgerald, before whom Schoenholz was tried. This further commutation, releasing Schoenholz at once, is granted upon the application of the assistant district attorney who procured the conviction of the persons referred to, and who urges very strongly that the services rendered by Schoen- holz justly entitle him to it. November 10, 1905. Edward Camile. Sentenced October 6, 1898 ; county, Suffolk ; crime, arson, first degree ; maximum term, forty years ; Elmira Reformatory. Transferred to Clinton Prison. Commuted to seven years and twenty-four days, actual time. This prisoner was convicted of setting fire to a dwelling house, the residence of his employer with whom he was living. Very little damage was done, the fire being immediately dis- covered and easily extinguished. Camile was sixteen years old at the time, and, although he pleaded guilty, there is not a little 236 Public Papers of Governor Higgins doubt as to whether he really intended to set the house on fire. He remained at the reformatory about five years and was then transferred to Clinton Prison. He has been greatly over- punished, and justice demands his release. November 29, 1905. Edward Roddy. Sentenced January 6, 1904; county, New York; crime, grand larceny, second de- gree; minimum term, two years; maximum term, three years; Sing Sing Prison. Commuted to two years and four months, subject to deduc- tion for good conduct. There is some doubt as to the validity of a re-sentence im- posed in this case, and, in order to avoid all question as to the lawfulness of it, and of discharging the prisoner in accord- ance with it, I have thought it wise to grant this commutation. December 20, 1905. Giuseppe Patti. Sentenced November 15, 1898; county, Chautauqua; crime, murder, second degree; term, life ; Auburn Prison. Commuted to seven years, one month and six days, actual time. On July 25th I commuted the sentence to twenty years, sub- ject to legal deduction for good conduct. Upon further consideration, and upon the very earnest recom- mendation of the judge and the district attorney, who are con- vinced that Patti is suffering wrongfully, I have concluded to further commute the sentence so as to release him at once. December 28, 1905. George H. Baxter. Sentenced June 10, 1903 ; county, Albany ; crime, forgery, second degree ; minimum term, two years and six months ; maximum term, three years ; further term, two years and six months. Public Papers of Governor Higgins 237 Commuted to two years, six months and eighteen days, actual time. Recommended by the judge, the district attorney and the complainants. The minimum term imposed, which the pris- oner has now served, is deemed a sufficient punishment. December 29, 1905. Patrick McMahon. Sentenced Octo- ber 30, 1896; county. New York; crime, murder, second de- gree ; term, life ; Sing Sing Prison. Commuted to twenty-five years, subject to deduction for good conduct. The homicide was the result of a sudden fight between the prisoner and two other persons, for which he does not appear to have been any more to blame than they, and there was no very satisfactory proof of an intent to kill. Hon. John F. Mc- Intyre, who, as assistant district attorney, conducted the prose- cution, writes : " I feel now as I did then, that the ends of justice would have been substantially conserved had the jury rendered a verdict of manslaughter." Eight of the jury have joined with other citizens in asking for a commutation of the sentence, and upon a careful con- sideration of all the facts, I am of the opinion that it ought to be granted, and that the term to which the sentence is reduced will fully answer all the demands of justice. December 29, 1905. Henry McMenemin. Sentenced April 15, 1903 ; county, Albany; crime, robbery, second degree; term, thirteen years and three months; Clinton Prison. Commuted to seven years, subject to deduction for good conduct. Granted on the recommendation of the district attorney and other citizens, on the ground that the sentence was too severe. RESPITE June i8, 1905. Emil Totterman. Convicted of murder first degree, in the county of New York, and sentenced March 2, 1904, to be executed. Conviction affirmed by the Court of Appeals, and execution to take place during the week begin- ning June 19, 1905. Respite until August i, 1905. Granted to afford sufficient time for the consideration of an application for a commutation of the sentence. 238 Public Addresses and Correspondence OF FRANK W. HIGGINS Governor of the State of New York DURING THE YEAR 1905 239 ADDRESSES Inaugural Address of Frank W. Higgins, Governor, January 2, 1905 The inauguration ceremonies attending the assumption of office as Governor of the State of New York by Frank W. Higgins, were held in the Assembly Chamber at the Capitol in the city of Albany on Monday, January 2, 1905. The retiring Governor, Benjamin B. Odell, Jr., delivered a speech of welcome to Governor Higgins. Governor Higgins in re- sponse said : Governor Odell: I thank you for the cordiality of your welcome — approba- tion from one of your skill and experience is praise indeed. As Governor of New York you have for the past four years been one of the prominent figures in our national life. You have disdained the empty glories of things said, and have striven only to leave behind you an honorable record of things done. If your acts have not always won for you the unsought praise of popularity, no one can gainsay your power of initi- ative, your force and determination, your untiring energy, and your sense of personal responsibility. Upon your recommendations direct taxation has been prac- tically abolished, and departmental administration has been revolutionized. By your veto salutary legislation has been protected from mutilation, and reckless legislation has been 241 16 242 Public Papers of Governor Higgins checked. Criticism and condemnation have not swerved you from your purpose. Your plans have been fearlessly and wisely formulated and thoroughly and competently executed. You retire from ofHce with the proud consciousness that you have rendered faithful service to the State that will long be remembered in its history. Fellow Citizens: It is an old but useful maxim that " It is not for him to boast who puts his armor on before the battle but for him who puts it off after the victory is won." With an abiding sense of the responsibilities imposed upon me by the constitu- tional oath faithfully to discharge the duties of the office of Governor to the best of my ability, I begin my administration with the hope that at the end of my term I shall have proved not unworthy of the confidence you have bestowed upon me. The overwhelming success of a political party at the polls should be to its representatives a counsel of moderation rather than an incentive to excess. A certificate of election is not a letter of marque, authorizing the successful candidate to urge licensed piracy against his political opponents. The welfare of the whole people must be the aim and goal of government. The exploitations of State or City for partisan advantage or private gain must be sternly rebuked. If, in the intoxication of victory, we abuse our delegated power, we shall speedily and deservedly forfeit it. With the constantly growing demands upon the State for the exercise of new functions and the extension of old ones, the problem of limiting the outgo and increasing income with- out, on the one hand, crippling the institutions of the State or, on the other, laying undue burdens upon the taxpayers, be- comes one of increasing difficulty and importance. Notwith- Public Papers of Governor Higgins 243 standing the attractive forms that taxation is sometimes made to assume in the eyes of the ordinary citizen, and notwith- standing the many meritorious demands upon the State, we should be sedulous to retrench rather than to tax; to econ- omize rather than to be liberal. True economy is to be deter- mined not by the sum total of expenditures alone, but by the results obtained from such expenditures and by a considera- tion of the resources of the State. An excess of running expenses over receipts indicates bad public finance and. should be corrected. The just obligations of the State must be hon- orably and promptly met and neither denied, evaded, nor de- layed, but it should be our earnest desire to balance the ac- count by securing a reduction of expenditures rather than by an increase of revenues wherever possible. In performing the duties of the Executive Office, I shall freely seek the assistance and expert counsel of those who have made a study of any of the multifarious branches of governmental activity. I shall welcome the suggestions of all citizens. Ultimately, however, with God's help I shall jeal- ously guard my prerogative of personal independence, and whether for good or for evil, I shall assume responsibility for all my official acts. ADDRESS TO THE NATIONAL GUARD ASSOCIA- TION OF THE STATE OF NEW YORK AT ALBANY, JANUARY 23, 1905. Among the powers of the Governor first enumerated in the Constitution is that which declares that he shall be commander in chief of the military and naval forces of the State. The first duty devolving upon a newly elected governor is that of selecting his staff. I therefore feel that, for a civilian, my 244 Public Papers of Governor Higgins connection with the National Guard is intimate and respon- sible. In these times of peace the functions of the commander in chief are agreeable rather than arduous. In my study of the Constitution I find, however, that all able-bodied male citizens between the ages of eighteen and forty-five shall con- stitute the State militia; that there shall be maintained at all times a force of not less than ten thousand enlisted men, fully uniformed, equipped, disciplined and ready for active serv- ice; and that the State may freely contract debts to repel invasion, suppress insurrection or defend the State in war. I am, therefore, compelled at times to imagine the conse- quences of a call to arms, when the grim visage of war darkens the land, when the State is invaded or in danger, and when it becomes a serious affair to command the military and naval forces of the State. It is my sincere hope that my administration may be one of profound peace, undisturbed by any foreign enemy or domes- tic uprising, and that I may not be called upon to summon the military forces under my command to the field of action. In this desire I am sure I have the sympathy of every true sol- dier. But should the stern necessity arise, the people of the State will find, in the future as in the past, that its honor is safe in the hands of its organized militia. The days of pomp and circumstance, of a militia made up of sunshine soldiers and stmimer patriots, have passed away. Pre- paredness for active service is the first aim of our military or- ganization. The ranks of our companies are filled with the flower of our youth, who subject themselves cheerfully to the severe discipline of camp and field, to perfect themselves in the school of arms. Our officers emulate the skill and expert knowledge of the regulars. The manly qualities of courage Public Papers of Governor Higgins 245 and self-sacrifice have never been lacking in our American volunteers, but the effectiveness of our military arm has never been greater than to-day. To her citizen soldiery the State cheerfully intrusts her de- fence from invasion or domestic violence. ADDRESS AT THE AMEN CORNER DINNER, NEW YORK CITY, FEBRUARY 18, 1905. 1 We of the rural districts in our trips to the city, have often turned our footsteps toward the Amen Corner, to listen to words of wisdom to guide us in the narrow way. There we have found that the gentlemen who frequent the corner are not idealists, but are content to take the world as it is and to deal with it accordingly. They view alike the simple life and the strenuous life with a suspicious eye. No self-established standards of merit pass current in their circle. The man who makes great things happen in a great way may win their respect; but, like Kipling's American, they greet imperturbably the embarrassed gods, nor fear to shake the iron hand of Fate. The people of the Empire State are a much governed peo- ple. The old idea has become obsolete that government should exercise the least possible restraint on individual freedom of action. The power that is called forth to curb the strong and shield the weak is no longer the Church but the State. A careless analysis of our codes and statutes reveals a great number of prohibited acts, beyond the power of any layman to classify or understand. Reverence for law makes our civilization possible. Peace- ful acquiescence in the determination of the courts, in contro- 246 Public Papers of Governor Higgins versies between individuals involving great constitutional questions, characterizes our national life as one of liberty under the law. Are we not tending toward the destruction of that law abiding spirit on which our institutions depend? Is not this tendency the direct and inevitable result of the multiplication of statutes and increase of penal offences? The type of public official who betrays his trust, who uses his position as if he were the master and not the servant of the people, and who grants dispensations for violations of the law to political favorites or for personal ends, flourishes under a system of regulative statutes spasmodically and unevenly enforced. Respect for law gives way to the uneasy feeling that polit- ical protection is a safer reliance than the justice of one's cause ; that statutes are passed for the punishment of indis- cretion rather than guilt, and that the unquestioning support of a powerful leader pays better than the unselfish service of the people. The Roman tyrant, who caused his statutes to be engraved in fine letters and set on high where his subjects could not read them was no more unjust than a people who allow their own laws to be broken daily, and who punish violations there- of only when prompted thereto by prejudice or caprice. If a penal statute is enacted without ample provision for its enforcement by the agencies of prevention, detection and punishment, if the officials entrusted with its enforcement are not held to strict accountability, if the citizen does not dis- charge his duty as witness and juryman with fearlessness and disinterestedness, and if the courts care more for nice quillets of the law than for substantial justice — the spirit of law- lessness will flourish. Public Papers of Governor Higgins 247 If, on the other hand, the Legislature is discreet, the public official incorruptible, the citizen patriotic and the courts just, then "Sovereign law, that state's collected will Sits empress, crowning good, repressing ill." ADDRESS AT THE LEGISLATIVE CORRESPOND- ENTS' DINNER, ALBANY, MARCH 16, 1905. Mr. Toastmaster and Gentlemen : It gives me great pleasure to be present with the Legislative Correspondents this evening and to join with you in your annual banquet. I have had the privilege of meeting you daily at noon and again at five o'clock, and I think our interviews have been mutually beneficial and interesting. I have freely imparted information as to the past, present and future policies of the Chief Executive, and you have generously aided me with your advice and at times with your consent. The relations between the Governor and the legislative cor- respondents are most cordial, based as they are on mutual confidence and regard born of a long acquaintance. The newspapers have recently been scolded for their lack of political influence in the late campaign. The papers that I preferred to read during that interesting period exercised, in my judgment, a potent and wholesome influence for good government. Their discussions of the issues of the hour were calm, truthful and dispassionate, and met with a ready re- sponse from the fair minded American people. If other jour- nals sought to influence their readers by appeals to prejudice, I can only say that they were justly rebuked, and that their failure was richly deserved. 248 Public Papers of Governor Higgins Seldom do we now find men who are without views on any ^ pubhc question before they read the editorials of their party organs. The correspondent is the man who shapes public opinion. If he is fair and candid, the man in public life cannot complain. If he is partisan or prejudiced, time will set things right. Our legislative correspondents have seen men come and go. They have seen the unrighteous flourish for a time and virtue cast ignominiously down. None know better than they that in the long run honesty and ability will together win the day. Honesty alone may be impotent; ability alone may be per- verted to base uses, but when knowledge of the right is coupled with courage to do the right the forces of evil can- not long prevail. There are those who would curb the freedom of the press ; yet that freedom of expression, in spite of its tendency to- wards license, is the safeguard of the nation's liberties. Crit- icism of public officials will never be regarded as petit treason in this country. With power comes responsibility. If you, gentlemen of the press, allow the commercial interests of your paper to control your pens, if you present any person before the bar of public opinion from envy, hatred or malice, or leave anyone unpresented through fear, favor, affection or reward or hope thereof, you degrade an honorable calling and justify those who say that the press has lost its power. But if you present all public matters truly as they come to your knowledge to the best of your understanding, you wield a superlative power and perform a patriotic service. Public Papers of Governor Higgins 249 ADDRESS TO A COMMITTEE REPRESENTING THE AGENTS OF THE EQUITABLE LIFE AS- SURANCE SOCIETY AT ALBANY, APRIL 21, 1905 In response to the committee representing the agents of the Equitable Life Assurance Society, Governor Higgins said in Albany on April 25, 1905 : Gentlemen : I realize fully that this is a very serious talk. I realize fully that the policy holders of this company have been led to believe that it was mutual in its character. I would be glad to do anything within reason that I could do to bring about mutualization. But I desire to call to your attention the fact that difficulties that arise between citizens in the State of New York, very fortunately — I would say, rather than unfortunately — cannot be settled by the Governor nor by the Legislature. That those questions of difference have to be settled in this State by the courts. The plan of mutualization which you spoke of a few mo- ments ago, was adopted, as I understand it, by the board of directors of the Equitable Life and placed in the hands of the Superintendent of Insurance — a gentleman in whom I have unlimited confidence as to capacity and as to integrity. A few days ago a suit was brought by Mr. Lord, questioning the right of the superintendent to mutualize this company, to deprive him as a stock holder of the power that his stock gave to him and of the benefits which he claimed that he might derive were mutualization, not to take effect. That matter is to-day in the courts — in my opinion in the place where it should be settled and the only place where it can be 250 Public Papers of Governor Higgins settled as to the relative rights of the stockholder and the policy holder of the Equitable Life. I, of course, am unable to judge as to what the result of that suit may be. I am not a lawyer and I cannot advise you from a lawyer's standpoint. The question has been raised as to whether the Legislature could not alter the charter of the Equitable Life Assurance Society, changing its character. I think it is perhaps true that it could. It could alter its char- ter, but the question still remains as to whether the stock- holders, if they saw fit to reject the altered charter, could not refuse to act under it; and in that case they would be com- pelled to go into the hands of a receiver or close up the busi- ness of the Equitable Life. There are a few attorneys that are not at the present time retained by the Equitable, and I have taken occasion to con- sult some of them in relation to this unfortunate, very unfor- tunate situation, I feeling that it was not only unfortunate for the policy holders but unfortunate for the State of New York that this situation could exist under our insurance law. I realize that it is not only unfortunate for the Equitable but it is unfortunate for all insurance interests in this country and particularly in the State of New York. However, there are those in the legal profession who are inclined to believe that you cannot, by act of the Legislature, compel the stockholders of the Equitable Life Assurance So- ciety to accept mutualization in its broadest lines without their consent. That I give you simply as an opinion as it comes to me. I cannot tell you what the Legislature of the State of New York will do. For the short period that I have held this of- fice, I have endeavored to separate the executive department, so far as possible, from the legislative and the judicial. I Public Papers of Governor Higgins 251 have left it to the Legislature to determine what acts it would send to me, only recommending by public message, and have then taken my time to consider the propositions that it has presented to me for my approval or disapproval. I do not feel at the present moment that I can assure you as to whether the time will come in the immediate future that it will seem to me wise to communicate with the Legislature and ask it to pass any particular bill in reference to the Equitable Life; but I can say to you this, with the utmost frankness and sin- cerity that at all times I shall be interested more largely in the interests of the poHcy holders of the Equitable Life As- surance Society than in the interests of any other person or party connected with it. And if I come to the conclusion that I can further .the interests of those policy holders — if I should come to that conclusion, you can rest assured that no act will be left undone by me that will bring about better conditions for that society. ADDRESS TO THE INTERNATIONAL BROTHER- HOOD OF RAILWAY TRAINMEN IN BUF- FALO, MAY 13th, 1905 Gextlemen: Less than one hundred years ago, amid the cheers of the incredulous spectators, a locomotive engine was run on a railway for the first time on this continent. To-day the railroads embrace a capitalization of $15,000,000,000. They carry yearly on their 300,000 miles of track nearly 700,000,000 passengers. To operate these agencies of traf- fic and transportation an industrial army of nearly 1,500,000 men braves danger, hardship and fatigue and of that great army less than one per cent, are officers of any sort. These men organize into brotherhoods of locomotive engineers, firemen, 252 Public Papers of Governor Higgins conductors, trainmen and switchmen. These brotherhoods seek to put labor on an equal footing with the autocratic power of money to obtain prompt payment of fair wages and to protect life and limb for their members. In these efforts it has been my privilege to co-operate by introducing and advocating proper laws for the relief and protection of railroad employees. No more intelligent citi- zens of higher ideals and sincere aims can be found in the land than you who represent the highest type of organized labor. The State of New York welcomes the International Broth- erhood of Railway Trainmen. It looks to you to curb on the one hand the reckless and discontented employee and on the other the selfishness of the employer. Long study of the labor problem leads me to the conclusion that the outrages, which have at times disgraced our industrial wars, in the first place are no more to be condemned than the injustice of the short-sighted capitalists, and in the second place are abuses of a beneficial system. To the perfection and develop- ment of your organizations and to a better understanding of your purposes, I look for a solution of the labor question. Every good citizen strives to make this country of ours a better place to live in and a place where rights are respected and duties are insisted upon. A spirit of mutual understand- ing and regard and readiness to act with reasonableness, has manifested itself among the leaders of labor and the captains of industry. Representatives of the public, of organ- ized labor, and of the employers, meet to settle differences be- tween the employers and the labor unions, and the day is not far distant when the unhappy struggles between employee and employer will cease to disturb industry. Public Papers of Governor Higgins 253 While it is but a weak and sentimental phrase to say that the interests of labor and capital are identical ; while these interests are doubtless conflicting; the public demands that they be adjusted in peace and equity and not by violent means. Our free institutions cannot long endure if the rights of cap- ital become the wrongs of labor or if the rights of labor carry no reciprocal duties of decency, fairness and good order. Gentlemen, I cordially welcome you to the Empire State. CORRESPONDENCE LETTER TO ATTORNEY-GENERAL MAYER REL- ATIVE TO TRESPASSES UPON THE STATE FOREST PRESERVE STATE OF NEW YORK Executive CnAiiBER Albany, March 24, 1905 Hon. Julius M. Mayer, Attorney-General, Albany, N. Y. Sir : It having been brought to my attention that numerous trespasses by cutting timber have recently been committed upon the State Forest Preserve, and that in many of said cases settlements have been reached by confession of judg- ments for damages by the parties, or agents of the parties, responsible for such trespasses, and that the timber has there- after been removed from the State preserve by such tres- passers ; and It appearing to me that the whole subject requires careful investigation, in order that the interests of the State may be protected, You are hereby requested, and required, to take charge of the legal business of the State in relation to said trespasses; to conduct investigations for the purpose of determining whether any persons have been guilty of any criminal acts for which prosecutions should be instituted and if so, to appear before such court or courts as may be necessary for the pur- 254 Public Papers of Governor Higgins 255 pose of instituting and prosecuting such criminal actions or proceedings as you may deem proper; and also to institute and prosecute all actions necessary to prevent the removal and secure the recovery of said timber cut upon the State Forest Preserve in violation of law. If owing to the amount of legal work which may be nec- essary, you deem it proper that counsel be designated to as- sist in the transaction of the legal business above referred to, such course will meet my approval. Yours truly, FRANK W. HIGGINS LETTER TO THE MAYOR OF NEW YORK RE- GARDING THE WATER SUPPLY BILL STATE OF NEW YORK Executive Chamber Albany, April 19, 1905 The Mayor, New York. Sir: In reply to your telegram, I have to say that I have not taken the position that the water bill must be further amended in the manner indicated by you. However, I have said that, in my judgment, the proposition contained in the bill that the board of water supply may sell power, and also water for manufacturing purposes, when not needed for city purposes, is a novel one, not contained in the present city charter, and not germane to the main purpose of your bill. The city has asked for legislation to enable it to obtain the necessary additional supply of pure and wholesome water. I 256 Public Papers of Governor Higgins have seconded your efforts in this direction. The city now has as great powers to acquire lands for an additional water sup- ply under the charter as it will have under the Tompkins bill, except that the new commission may be a more efficient agency than the old commissioner. I have sustained your position in regard to the new commission with unlimited tenure of office. It now appears that the city seeks, under the provisions of section 26 of the bill, authority to take, in addition to its own necessary water supply, a supply of water to be sold for man- ufacturing purposes, and it also seeks authority to go into the business of power development and transmission. These activities may or may not be proper municipal func- tions. This extension of the principle of municipal owner- ship demands serious consideration on its own merits and not as a mere incident to a general plan. The localities suffer serious inconvenience, which can be justified only by the plea of necessity, when their lands are taken to furnish the city with water for domestic and munici- pal purposes. They should not be put to the further incon- venience of having their water power and water not needed by the city taken away from them to be sold by the city for revenue. The Legislature will consider carefully the sweeping inno- vations contained in section 26 of the bill before adopting them. Yours sincerely, FRANK W. HIGGINS Public Papers of Governor Higgins 257 LETTER TO DISTRICT ATTORNEY JEROME OF NEW YORK, REGARDING THE EQUITABLE LIFE ASSURANCE SOCIETY OF NEW YORK STATE OF NEW YORK Executive Chamber Albany, June 22, 1905 Hon. William Travers Jerome, District Attorney of New York County, New York. Dear Sir : I herewith inclose for your consideration a copy of the preliminary report of the Superintendent of Insurance upon the affairs of the Equitable Life Assurance Society of New York. The findings set forth in the report are based on evidence taken by the superintendent under the Insurance Law. If, in your judgment, any of the alleged facts, established by legal evidence, would constitute criminal misconduct in the county of New York on the part of any person, I will, if you desire, request the superintendent to submit to you the evi- dence taken before him. Yours truly, FRANK W. HIGGINS 17 258 Public Papers of Governor Higgins LETTER TO SHERIFF DEWEY, OF ROCKLAND COUNTY, CONCERNING ALLEGED VIOLA- TIONS OF THE LIQUOR TAX LAW STATE OF NEW YORK Executive Chamber Albany, June 30, 1905 Mr. William Dewey, Sheriff of Rockland County, Nyack, N. Y. Dear Sir : I am in receipt of your report dated June 28th, in response to my request for information as to alleged viola- tions of the liquor tax law in Rockland county, and I am obliged to you for your prompt reply. I take this opportunity to correct an impression which you have formed, as stated in your report, that violations of the liquor tax law are more directly under the charge of the State Excise Department. You are the chief executive officer of your county, and as such are responsible for the proper en- forcement of the law. It is your duty to prevent violations of the liquor tax law as it is your duty to prevent any breach of the peace or other act of disorder in your county. The exist- ence of a State Excise Department in no way lessens your responsibility in this regard. Trusting that this suggestion may lead you to act vigilantly in reference to the unlawful sale of liquors, I remain, Yours truly, FRANK W. HIGGINS Public Papers of Governor Higgins 259 LETTER TO GOVERNOR PENNYPACKER OF PENNSYLVANIA REGARDING A CONGRESS TO CONSIDER DIVORCE STATE OF NEW YORK Executive Chamber Albany, July 31, 1905 Hon. Samuel U. Pennypacker Governor of Pennsylvania Harrisburg, Pa. Sir: I am in receipt of your corrimunication of July 24th, inclos- ing a copy of an act authorizing the appointment of a com- mission to codify the laws relating to divorce, and to co-operate with other states in securing uniformity of divorce legislation in the United States. I have no authority to appoint delegates to a congress to meet at Washington to consider the subject of divorce; but I think the matter falls properly within the jurisdiction of the Commissioners for the Promotion of Uniformity of Legisla- tion in the United States, and I have referred your communi- cation to Walter S. Logan, of 2y William street, New York city, who is the senior commissioner in this State, and have requested him to communicate with his colleagues and, if pos- sible, to attend such a congress, should it meet, on behalf of the State of New York. Yours respectfully, FRANK W. HIGGINS 26o Public Papers of Governor Higgins LETTER TO SURROGATES CALLING ATTENTION TO THE CONSULAR CONVENTION BETWEEN THE UNITED STATES AND ITALY STATE OF NEW YORK Executive Chamber Albany, September 27, 1905 To ALL Surrogates: Your attention is directed to the following extract from the Consular Convention, stipulated on the 8th day of May, 1878, between the governments of the United States and Italy: ARTICLE XVI. " In case of the death of a citizen of the United States in Italy, or of an Italian citizen in the United States, who has no known heir, or testamentary executor designated by him, the competent local authorities shall give notice of the fact to the consuls or consular agents of the nation to which the deceased belongs, to the end that information be at once transmitted to the parties interested." Complaint has been made to me by the Consul-General of Italy that the requirements of said article are disregarded, and that in consequence the rights and interests of his country- men are not attended to. You are, therefore, requested to comply with the law in this respect. FRANK W. HIGGINS, Governor. A true copy. Frank E. Perley Secretary to the Governor Public Papers of Governor Higgins 261 LETTER TO M. F. IHMSEN REGARDING THE STORAGE OF BALLOTS IN NEW YORK AR- MORIES STATE OF NEW YORK Executive Chamber Albany, November 11, 1905 M. F. Ihmsen, Esq., Secretary, Hoffman House, New York City. My Dear Sir: I am in receipt this morning of a commiini- cation from you, by the hand of Mr. J. W. Hamer, who called upon me for the purpose of requesting that I designate ar- mories in Manhattan, the Bronx, Kings and Queens counties for the storage of ballots cast at the recent municipal election ; also requesting that I order a sufficient military guard to pro- tect them. As to the first request, I find in the military code, the fol- lowing provision: " On occasions of State or national importance, upon the recommendation of the major general commanding the Na- tional Guard, * * * the Governor shall have the power to allow the use of armories for such purposes as may appear ex- pedient to him * * * on the delivery to the commanding officer of the brigade in whose jurisdiction the armory is lo- cated, of a bond approved by him and executed by the persons, associations or corporations proposing to use the armory, in an amount approved by him, conditioned that such persons will indemnify and save harmless the State and the county in which the armory is located ; * * * ^^i^^ 2l\so to pay all 262 Public Papers of Governor Higgins expenses of heating and lighting, and for janitor and for other services connected with such use." It would seem, therefore, that application for the use of the armories desired, should first be made to General Charles F. Roe, major-general commanding; and I shall be glad, upon his recommendation, to exercise the power conferred upon me by the section of the Military Code above quoted. As to the second request, ample provision is made in the Election Law for a recanvass, through the machinery of local courts, of the vote cast in any election district in the State. This is purely a judicial proceeding. It does not appear to me that a condition of insurrection, invasion, tumult, riot or breach of the peace exists in the city of New York, which is a condition which must precede the active interference by the Governor with the local authorities in the administration of law in the various localities of the State; especially in view of the fact that section 86 of the Military Code makes ample provision "in case of any breach of the peace * * * or re- sistance to process of this State, or imminent danger thereof, for a justice of the Supreme Court or other local judicial au- thority to call for aid upon the coinmanding officer of the National Guard or Naval Mihtia stationed therein or adjacent thereto." Proceedings of this character should always be con- ducted by the courts, especially when 'ample provision is made for every emergency that may arise in the proceedings. I must decline to interfere with the disposal of the ballot boxes, or to determine where they shall be stored. I am will- ing to give my consent, when proper application is made in accordance with the military Code, for such use of the ar- mories in this emergency as the court may feel disposed to make. Yours truly, FRANK W. HIGGINS INDEX Addresses Page Equitable Life Assurance Society, Albany, committee repre- senting agents 249 Inaugural 241 International Brotherhood of Railway Trainmen, Buffalo 251 Legislative correspondents' dinner, Albany 247 National Guard Association at Albany 243 New York city. Amen Corner dinner 245 Batavia, alleged nuisance at, order directing examination into 203 Commutations Baxter, George H 236 Branton, John 234 Burse, George 227 Camile, Edward 235 Clayton, J. Fenimore 231 Cooper, James 233 Cunningham, Hugh 225 Di Mase, Domenico 224 Du Veau, Edgar E 234 Flynn, James 223 Grauer, Max H 221 Heyne, Richard 232 Hibbard, Theodore , 225 Lloyd, George 229 McMahon, Patrick 237 McMenemin, Henry 237 Miller, William F 222 Moore, William A. E 231 Mueller, Ernest 228 O'Connor, William 228 Patti, Giuseppe 230, 236 Rego, Antonio .' 227 Roddy, Edward 236 Schoenholz, Morris 235 Silverman, William 224 Smith, George A 222 Snitkin, Joseph 232 Spry, John 233 Steib, Gus ; 229 263 264 Index Commutations — Continued Page Totterman, Emil 229 Tudisco, Luciano 221 Webb, Walter .• 221 Weber, Arnold R 225 Wilson, William C 228 Woodruflf, Silas H 223 Correspondence Dewey, sheriff of Rockland county, letter to, concerning alleged violations of the liquor tax law 25S Ihmsen, M. F., letter to, regarding the storage of ballots in New York armories 261 Jerome, District Attorney, letter to, regarding the Equitable Life Assurance Society of New York 257 Mayer, Attorney-General, letter to, relative to trespass upon the State Forest Preserve 254 Mayor of New York, letter to, regarding the water supply bill. 255 Pennypacker, Governor of Pennsylvania, letter to, regarding a congress to consider divorce 259 Surrogates, letter to, calling attention to consular convention between United States and Italy 260 Court of Appeals, designation of Justice Chase to 206 Depew, Chauncey M., certificate of election as United States senator 34 Dodds, William O., sheriff of Montgomery county, charges against, notice and summons 54 appointment of commissioner 58 order of removal from office and opinion 172 Dreyer, Benjamin J., extradition, decision on 43 Harris, George W., extradition, decision on 43 Hornellsville, alleged nuisance at, order directing examination into ; 199, Hufnail, Frank F., county clerk of Montgomery county, charges against, notice and summons 53 commissioner to take testimony 55 order of removal from office and opinion 169 Kilburn, F. D., superintendent of banks, letter in reply to charges made by George Von Utassy 102 charges dismissed 105 charges against, by depositors of the German Bank of Buffalo. 195 Lands, designation of John F. O'Brien to purchase 33 designation of John G. Wallenmeier, Jr., to purchase 34 Index 265 Memoranda filed with approved bills Page appropriation act (A. 2272) 118 liquor tax law, bills amending, relative to hotels (S. 1552 and 8s6) ; 114 mortgages, bill providing for taxation (S. 1531) 121 railroad corporations, bill regarding incorporation and powers (S. 877) 117 railroad law, bill amending, relating to inspection of boilers (A. 1273) 98 stock transfers, bill providing for tax on (S. 892) 66 supply bill, supplemental (A. 2381 ) 127 Utica courthouse bill 62 water supply of New York, bill relating to (A. 2361) 125 Memoranda filed with bills not approved agricultural law, bill amending, relating to condensed milk (S. IC97) 109 appropriation bill, items in (A. 2272) 14S Barker, Adelia Queenie, bill for relief of (A. 2208) 96 bills not accepted by the mayors of cities 146 Buffalo, union railroad passenger station at, bill relating to (S. 1289) no Buffalo charter, bill amending (S. 1062) 108 escheat bills 112 liquor tax law, bill amending (S. 1464) 113 New York city bills not accepted by the city 147 Niagara river, bill providing for bridge across at Grand Island (A. 1239) 106 private claim bills, waiving provisions of canal law 107 public officers appointed in ^violation of Civil Service Law, bills relating to payment of 100 sheriff and register of Kings county, bill raising salaries of (A. 1384; S. 80s) 97 sheriff of New York, bill relating to salary (S. 203) 99 supply bill, items in (A. 2354) 134 supplemental, items in (A. 2381) 129 taxable transfers of property, bill relating to (A. 2331) 95 Messages annual 4 agriculture , 22 appropriations 7 banks 16 blind, adult 12 building and loan associations 18 266 Index Messages — Continued annual — Continued Page canals 14 capitol 24 census : 8 charities 9 child labor 21 civil service 24 education 20 election reforms 12 excise 19 fish, game and forests 27 insane 9 insurance 19 investment companies 18 Louisiana Purchase Exposition 30 prisons 23 public health 26 receipts and expenditures 5 reformatories 11 roads 16 savings banks 17 scenic and historic places, preservation 29 special legislation 30 state architect 23 state debt 4 tax legislation 7 tenement house law 29 trust companies 17 United States deposit fund 27 water supply 26 woman suffrage 14 emergency accounts of counties, bill providing for annual reports on (A. 1696) 83 canal debt sinking funds, bill providing for contributions to (A. 2380) 90 census, bill providing for (S. 1161) 64 elections, amending act relating to (S. 606) 94 electricity in New York, bill providing for manufacture of (A. 2361) 78 bill relating to price of (A. 2360) 73, 88 (A. 2371) 74, 85 Elmira Reformatory, bill making appropriation for (S. 1130)^ §i Index 267 Messages — Continued emergency — Continued Page expenses of extraordinary session, bill making appropria- tion for (S. I. i) 17s gas and electricity, bill providing for commission of (A. 2355) 81 gas in New York, bill relating to inspection of (A. 2356) 76, 86 bill relating to price of (A. 2358) 77 (S. 1523) 92 bill relating to quality of (A. 2372) 75, 87 hotels, bill relating to inspection of (S. 1532) 8g liquor tax law, bill amending, relating to local option (S. 1288) 80 liquor traffic, bill relating to (S. 856) . . ; 84 mortgages, bill relating to taxation of (S. 1531) 72 (A. 2363) 82 New York charter, bill amending, relative to department of street cleaning (A. 2337) 71 supply bill, supplemental (A. 2381) 91 taxation commission, bill providing for (A. 2364) 79 water supply for New York city, bill, providing for (A. 1. 26) 6s expenses of extraordinary session, recommending appropria- tion for 175 Forest Preserve, concerning 47 Hooker, Justice, recommending consideration of conduct of . . . 166 life insurance companies, recommending appointment of com- mittee to investigate 176 savings bank tax, recommending repeal of 93 water supply commission, recommending 35 Nixon, S. Fred, proclamation regarding death of 188 O'Brien, John F., designation to purchase lands 33 Pardons Abbott, Charles 216 Bassett, Charles 218 Blake, Eugene 215 Braunstein, David 211 Buren, Grant 217 Cameron, George 217 Dupaquier, Claude J 217 268 Index Pardons — Continued Page Flanary, Howard 2II Fletcher, George 219 Gardner, Charles H 213 Gelabert, James H 213 Gray, William 220 Hochberger, Solomon 215 Hulse, Eugene F 219 Karbowski, John 214 Kendall, Edwin L 211 Leasure, Edward A 216 Mack, John W 214 Mackey, Loomis 220 McMillan, William 212 Melville, Joseph ' 216 Milner, Henry '. 214 Murphy, John 217 Reidy, Edmund 215 Riley, Jules 219 Rocker, William 218 Smith, Matilda 218 Stewart, Alexander 212 Valentine, Walter D 212 Warren, William 216 Waters, William 215 Patrick, Albert T., application for a stay of execution of sentence, memorandum 204 Perley, Frank E., designated Secretary to the Governor 3 Proclamation convening Legislature in extraordinary session 166 Nixon, S. Fred, regarding death of 188 political assessments, calling attention to prohibition of 192 special election in sixteenth senate district, ordering 189 in twenty- fourth senate district, ordering 186 Thanksgiving 194 Public health Batavia, alleged nuisance at, order directing examination into. 203 Hornellsville, alleged nuisance at, order directing examination into 199 Rochester, alleged nuisance at, order directing examination into 198 Respite, Totterman, Emil 238 Rochester, alleged nuisance at, order directing examination into. . . . 198 Index 269 Page Sammons, Abram, superintendent of the poor of Ulster county, charges against, notice and summons 59 appointment of commissioner 60 order of removal from office and opinion 181 Secretary to the Governor, designation 3 Supreme court, appointments, designations, etc. Clarke, Justice, to Appellate Division, First Department 187 Cochrane, Justice, to Appellate Division, Third Department... 202 Dunwell, Justice, to hold Extraordinary Special Term at Waterloo 167 Extraordinary Special Term at Waterloo, appointment of 167 Extraordinary Trial Term at Mineola, appointment of 205 Extraordinary Trial Term at Oswego, appointment of 116 Hatch, Justice, redesignation to Appellate Division, First Department 41 Hooker, Justice, message recommending consideration of conduct of 166 Houghton, Justice, to Appellate Division, First Department .... 191 revocation of designation to Appellate Division, Third Department igo Ingraham, Justice, redesignation to Appellate Division, First Department 200 Jenks, Justice, redesignation to Appellate Division, Second Department 42 Kellogg, Justice, to Appellate Division, Third Department 193 Miller, Justice, temporary designation to Appellate Division, Second Department 31 Nash, Justice, to Appellate Division, Fourth Department 185 O'Brien, Justice, designated Presiding Justice of Appellate Division, First Department 165 Patterson, Justice, redesignation to Appellate Division, First Department 201 Rogers, Justice, to hold Extraordinary Trial Term at Mineola. 205 Stover, Justice, revocation of designation to Appellate Division, Fourth Department 184 Williams, Justice, redesignation to Appellate Division, Fourth Department 32 Wright, Justice, to hold Extraordinary Trial Term at Oswego. 116 Thanksgiving proclamation 194 Vetoes Civil Procedure, bill amending Code of, relating to divorce cases (A. 236) S6 27° Index Vetoes — Continued Page condemnation of real property, bill relating to proceedings for (S. SIS) 68 labor law, bill amending, relative to protection of persons employed on buildings (S. loio) 67 Memorial day in borough of Richmond, bill relating to (A. 1392) 70 omnibus veto 148 Palmyra Classical Union School, bill regarding (A. 183) 39 bills not approved agricultural law, bill amending, relating to condensed milk (S. 1C97) 109 appropriation bill, items in (A. 2272) 14S Barker, Adelia Queenie, bill for relief of (A. 22c8) 96 bills not accepted by the mayors of cities 146 Buffalo, union railroad passenger station at, bill relating to (S. 1289) no Buffalo charter, bill amending (S. 1062) 108 escheat bills 112 liquor tax law, bill amending (S. 1464) 113 New York city bills not accepted by the city 147 Niagara river, bill providing for bridge across, at Grand Island (A. 1239) 106 private claim bills, waiving provisions of canal law 107 public officers appointed in violation of Civil Service Law, bills relating to payment of lOO sheriff and register of Kings county, bill raising salaries of (A. 1384; S. 805) 97 sheriff of New York, bill relating to salary (S. 203) 99 supply bill, items in (A. 2354) I34 supplemental, items in (A. 2381) 129 taxable transfers of property, bill relating to (A. 2331) 95 Wallenmeier, John G., Jr., designation to purchase lands 34