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CORNELL UNIVERSrrY UBRARY L 3 1924 092 698 376 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924092698376 STATE OF NEW YORK PUBLIC PAPERS OF CHARLES E. HUGHES GOVERNOR 1907 ALBANY J. B. LYON COMPANY, STATE PRINTERS 1908 H k.^^ ^.o I INAUGURATION INAUGURATION The ceremonies attending the inauguration of Charles E. Hughes as Governor of the State of New York were held in the Assembly Chamber of the State Capitol in Albany on January i, 1907. They began with prayer, after which Mr. Hughes took the oath of office. The retiring Governor, Frank W. Higgins, then made the following address: " Ladies and Gentlemen : — So long as our institutions stand the test of prosperity and adversity ; so long as our civil- ization continues to advance; so lang as liberty, with malice towards none and justice towards all, protects alike the poor from exploitation and the rich from plunder, it matters little what individuals rise and fall. M>en have their years of oppor- tunity, their day of popu larity, and then pass on, leaving the uncompleted work to others. But principles survive individ- uals and are superior to them. " He is a wise and useful public servant who, disregarding his own future, sees and averts on the one hand the dangers arising from a relentless despotism of wealth, and on the other hand the threatened excesses of an irrational and tyrannical class-hatred which would lay waste and. confiscate if it dared. " Temporary success cannot satisfy the conscience of one who to retain office would jeopardize civilization and liberty, either through the corrosive power of corrupt wealth or by hypocritical appeals to the passions and prejudices of the ignorant or thoughtless. No public officer can serve two masters. He who regards party or faction or business interests or personal ambition first and his own oath of office last, is a traitor to civilization itself. " Macaulay prophesied fifty years ago that the day was not far distant when in the State of New York a demagogue, 5 6 Public Papers of Governor Hughes ranting about the tyranny of capitalists, would be preferred to the law-abiding and self-respecting statesman. But com- mon sense still holds sway; nor will clamor prevail so long as those to whom men look for leadership are true to demo- cratic institutions and democracy is true to itself. " Upon the shoulders of the Chief Executive of this State must rest heavy burdens, imposed by constitutions and cus- toms. To execute the laws, to recommend wise measures of legislation, to exercise the appointing power with judgment and discernment, to defend the liberties and enforce the rights of eight million people — these are duties which try the mental, moral and physical strength to the utmost. To this high office the people of the State, reposing well-deserved confidence in your independence, patriotism, ability and in- tegrity have called you. " I welcome you and wish you God speed." INAUGURAL ADDRESS Governor Hughes first addressed Governor Higgins and then delivered his inaugural address. He said : "Governor Higgins: — You retire from office after a long and distinguished career of public service. Before you became Chief Executive you had served eight years in the Senate and two years as Lieutenant-Governor. You brough to the office of Governor a rare equipment of experience. Your admisitra- tion has been identified with important reforms and large un- dertakings of the greatest concern to the future of the State have been inaugurated. Your service in connection with mat- ters of such conspicuous advantage to the public will not be forgotten. But to the faithful public officer, the best reward of fidelity is the approval of his own conscience, won by disin- terested devotion in matters large and small to the in- terests of the public. In your retirement to private life you may be assured of the general appreciation of the stainless integrity of your character and of the honorable motives which have governed your conduct. Inauguration 7 "Fellow-citizens: — I assume the office of Governor without other ambition than to serve the people of the State. I have not coveted its powers nor do I permit myself to shrink from its responsibilities. Sensible of its magnitude and of my own limitations, I undertake the task of administration without illusion. But you do not require the impossible. You have bound me to earnest and honest endeavor in the interest of all the people according to the best of my ability and that obliga- tion, with the help of God, I shall discharge. " We have reason to congratulate ourselves that coincident with our prosperity, there is an emphatic assertion of popular rights and a keen resentment of public wrongs. There is no panacea in executive or legislative action for all the ills of' society which spring from the frailties and defects of the human nature of its members. But this furnishes no excuse for complacent inactivity and no reason for the toleration of wrongs made possible by defective or inadequate legislation or by administrative partiality or inefficiency. " It is sometimes said that we have laws enough and that the need is not of more law, but of better enforcement of the law. There is abundant occasion for caution against hasty legislation. Whether or not we have laws enough, we cer- tainly have enough of ill-considered legislation, and the ques- tion is not as to the quantity, but as to the quality of our present and of our proposed enactments. " The proper confines of legislative action are not to be determined by generalities. Slowly but surely the people have narrowed the opportunities for selfish aggression, and the demand of this hour, and of all hours, is not allegiance to phrases, but sympathy with every aspiration for the better- ment of conditions and a sincere and patient effort to under- stand every need and to ascertain in the light of experience the means best adapted to meet it. Each measure proposed must ultimately be tested by critical analysis of the particular problem, — the precise mischief alleged and the adequacy of the proffered remedy. It is the capacity for such close ex- amination without heat or disqualifying prejudice which dis- 8 Public Papers of Governor Hughes tinguishes the constructive effort from vain endeavors to change human nature by changing the forms of government. " It must freely be recognized that many of the evils of which we complain have their source in the law itself, in privileges carelessly granted, in opportunities for private ag- grandizement at the expense of the people recklessly created, in failure to safeguard our public interests by providing means for just regulation of those enterprises which depend upon the use of public franchises. Wherever the law gives unjust advantage, wherever it fails by suitable prohibition or regula- tion to protect the interests of the people, wherever the power derived from the State is turned against the State, there is not only room, but urgent necessity for the assertion of the authority of the State to enforce the common right. " The growth of our population and the necessary increase in our charitable and correctional work, the great enterprises under State control, — our canals, our highways, our forest preserves, — the protection of the public health, the problems created by the congestion of population in our great cities lead to a constant extension of governmental activity from which we cannot have, and we would not seek, escape. "This extension compels the strictest insistence upon the highest administrative standards. We are a government of laws and not of men. We subordinate individual caprice to defined duty. The essentials of our liberties are expressed in constitutional enactments removed from the risk of temporary agitation. But the security of our government despite its constitutional guaranties is found in the intelligence and pub- lic spirit of its citizens and in its ability to call to the work of administration men of single-minded devotion to the pub- lic interests, who make unselfish service to the State a point of knightly honor. "If in administration we make the standard efficiency and not partisan advantage, if in executing the laws we deal im- partially, if in making the laws there is fair and intelligent action with reference to each exigency, we shall disarm reck- less and selfish agitators and take from the enemies of our peace their vantage ground of attack. Inauguration 9 " It is my intention to employ my constitutional powers to this end. I believe in the sincerity and good sense of the people. I believe that they are intent in having government which recognizes no favored interests and which is not con- ducted in any part for selfish ends. They will not be, and they should not be, content with less. " Relying upon your support and hoping to deserve your continued confidence, with the single desire to safeguard your interests and to secure the honorable administration of the office to which you have called me, I now enter upon the dis- charge of its duties." II PROCLAMATIONS 11 II PROCLAMATIONS Ordering a Special Election in the Fifteenth Assembly District of New York County State of New York — Executive Chamber Whereas a vacancy exists in the office of Member of Assembly for the Fifteenth Assembly District of the County of New York, caused by the death of Mervin C. Stanley ; and Whereas, It is provided by the laws of this State that in such a case special election shall be had; Now, Therefore, I, Charles E. Hughes, Governor of the State of New York, in pursuance of the requirements of sec- tion 4 of the Election Law, do hereby order and proclaim that an election for Member of Assembly in the place of the said Mervin C. Stanley, be held in the Fifteenth Assembly District of the County of New York, on Tuesday, the 12th day of March, 1907, such election to be conducted in the mode prescribed by law, for the election of Members of Assembly. Given under my hand and the Privy Seal of the State at the Capitol, in the City of Albany, this seventh [ls] day of February in the year of our Lord one thousand nine hundred and seven. (Signed) CHARLES E. HUGHES By the Governor: Robert H. Fuller, Secretary to the Governor. 13 14 Public Papers of Governor Hughes Ordering a Special Election in the Fourteenth Assembly District of Kings County State of New York — Executive Chamber Whereas, A vacancy exists in the office of Member of Assembly for the Fourteenth Assembly District of the county of Kings, caused by the death of William J. Donohue; and Whereas, It is provided by the laws of this State, that in such a case special election shall be had ; Now, Therefore, I, Charles E. Hughes, Governor of the State o.f New York, in pursuance of the requirements of sec- tion 4 of the Election Law, do hereby order and proclaim- that an election for Member of Assembly in the place of the said William J. Donohue, be held in the Fourteenth Assembly District of the county of Kings, on Tuesday, the 12th day of March, 1907, such election to be conducted in the mode prescribed by law, for the election of Members of Assembly. Given under my hand and the Privy Seal of the State at the Capitol, in the City of Albany, this seventh [l s] day of February in the year of our Lord one thousand nine hundred and seven. (Signed) CHARLES E. HUGHES By the Governor: Robert H. Fuller, Secretary to the Governor. Upon the Death of Frank Wayland Higgins State of New York — Executive Chamber In order to express on behalf of the people, the respect due to the character and public services of FRANK WAYLAND HIGGINS, recently Governor of this State, who departed this life on the twelfth day of February, 1907; I, Charles E. Hughes, Governor of the State of New York, do request that the flags upon all the public buildings Proclamations 15 of the State, including armories and arsenals, be displayed at half-mast up to and including Friday, the fifteenth day of February, 1907, and that the citizens of the State unite in appropriate marks of respect to his memory. Given under my hand and the Privy Seal of the State at the Capitol, in the city of Albany, this thirteenth [l s] day of February in the year of our Lord one thousand nine hundred and seven. CHARLES E. HUGHES By the Governor: Robert H. Fuller, Secretary to the Governor. Convening the Legislature in Extraordinary Session State of New York — Executive Chamber Pursuant to the power vested in me by section 4 of article IV of the Constitution, I hereby convene the Legislature in Extraordinary Session at the Capitol, in the city of Albany, on Monday, the eighth day of July, 1907, at half-past eight o'clock, post meridian. Given under my hand and the Privy Seal of the State at the Capitol, in the city of Albany, this second [l s] day of July in the year of our Lord one thousand nine hundred and seven. (Signed) CHARLES E. HUGHES By the Governor: Robert H. Fuller, Secretary to the Governor. Appointing a Day of General Thanksgiving State of New York — Executive Chamber As it is fitting that with just appreciation of the privileges of our citizenship; of our immunity from strife and disorder; 1 6 Public Papers of Governor Hughes of the wide diffusion of the blessings of peace; of the growth of the sentiment of unity and brotherhood; of the quickening of the desire for righteous conduct and of aspirations toward better living; of the manifold opportunities we enjoy for the development of individual character and for material and social progress; we should give sincere thanks to Almighty God, the Giver of all good gifts, — And to the end that by cultivating a reverent and grateful spirit, we may better be prepared to meet the responsibilities of public and private life, — And that with renewed confidence inspired by the consid- eration of our course as a people under Divine Providence, and of our priceless advantages, we may address ourselves joyously to our several tasks; Now, Therefore, I, Charles E. Hughes, Governor of the State of New York, by virtue of the authority vested in me by the laws of the State, do hereby appoint Thursday, the twenty-eighth day of November, in the year nineteen hundred and seven, as a day of General Thanksgiving. Done at the Capitol, in the city of Albany, this four- teenth day of November, in the year nineteen hundred and seven. CHARLES E. HUGHES By the Governor: Robert H. Fuller, Secretary to the Governor. Ill MESSAGES TO THE LEGISLATURE 17 Ill MESSAGES TO THE LEGISLATURE Regular Session — January 1 to June 26 Extraordinary Session — July 8 to July 24 ANNUAL MESSAGE. State of New York — Executive Chamber Albany, January 2, 1907 To the Legislature: I present to you the following statement as to the condition of the State and such recommendations as I am prepared to make at this time. Financial Statement. During the year ending September 30, 1906, the State re- ceived from all sources $35,596,966.92. Of this amount $1,011,466.67 were the proceeds of sales of Barge Canal bonds, $318,005.05 were principal and interest on bonds for canal debt sinking fund and interest on deposits for same, $100,000 were proceeds of sale of temporary bonds for highway improvement, and $687,384.42 were trust funds. The amount of $516,048.54 was received to cover the ex- penses of the Insurance Department, the Banking Department, and the Railroad Commission. Other amounts raised by taxa- tion, exclusive of fees of public officers and notaries, were as follows : Direct State taxes, including special taxes for judges, stenographers, etc $1,402,717 30 Tax on corporations 7,832,842 86 Tax on organization of corporations 485,030 60 19 20 Public Papers of Governor Hughes Tax on transfers of decedents' estates. ....... $4,713,311 33 Tax on transfers of stocks 6,631,903 22 Tax on trafficking in liquors 9,486,500 28 Tax on mortgages 431,323 17 Tax on racing associations 201,371 14 Tax on land of nonresident owners 153,829 37 Total $31,338,829 27 The total payments made by the State during the fiscal year ending September 30, 1906, amounted to $30,350,096.21'. Out of this there were paid for canals (including $2,583,499.25 paid from the canal debt sinking fund) the total sum of $4,980,- 053.04. The actual available balance or surplus on October i, 1906, amounted to $11,291,445.29. The total appropriations in force October 1, 1906, for the en- suing fiscal year, to provide for the ordinary expenses of gov- ernment and other purposes (exclusive of trust funds, sinking- funds, the construction of the Barge Canal and highway im- provement) amounted to $28,880,770.71. The last Legislature did not levy any State tax for the an- nual contribution to the canal debt sinking-fund or to the high- way improvement fund to provide for the payment at maturity of the canal and highway debts, but directed that such contri- bution should be made from the general funds, as authorized by the constitutional amendment of the year 1905. To the amount of the appropriations there should therefore be added these contributions from the general funds, making the total amount of appropriations for the .year beginning October 1, 1906, $34,190,768.31, as follows: Ordinary appropriations, as above $28,880,770 71 Contribution to canal debt sinking-fund, being an amount equal to proceeds of the State tax of 635/1000 mills on the real and personal property of the State 5,089,582 61 Messages to the Legislature 21 Contribution to the highway improvement fund, being amount equal to proceeds of a State tax of 275/10000 of a mill on said property $220,414 99 TotaI $34,190,768 31 The amount of the contributions to the sinking-funds for the payment of the canal and highway obligations will be in- creased annually as the valuation of the real and personal property in the State, to which it is proportioned, increases. The total State debt on September 30, 1906, amounted to $10,630,660. This showed a reduction of $525,000 from the amount at the end of the preceding year. It is distributed as follows : Canals $10,230,660 Adirondack Park 400,000 The canal debt sinking-fund amounted on September 30, 1896, to $4,403,550.08, leaving the indebtedness then unpro- vided for in this manner of $6,227,109.92. The debt maturing during the current fiscal year consists of $200,000 of Adirondack Park bonds issued under Chapter 220 of the Laws of 1897, which mature on February 1, 1907, and for which provision has been made. Economy in Administration. With the growth of the State and the extension of govern- mental activities there is a normal increase in necessary ex- penditures which must be met by appropriations. The princi- ples governing the making of appropriations admit of no dis- pute, however difficult may be their application in particular cases. No department should be crippled by lack of funds properly to enforce the law. There is urgent need of economy 22 Public Papers of Governor Hughes in administration, but there is no demand and no justification for economy at the expense of just administration. On' the other hand, not only should there be no palpable waste of public moneys, but there should be such rigid scrutiny of demands upon the treasury that every dollar expended should have ample justification. Unnecessary outlays should be cut off without fear or favor and there should be no weak- ness in refusing demands upon the treasury made either in behalf of selfish interest or of misguided sentiment. To this difficult task of providing a means for an adequate exercise of the functions of government, with due limitation of expendi- tures to actual necessities, I have no doubt that you will ad- dress yourselves with a just sense of its importance and an impartial spirit. Taxation. Pursuant to an act passed at the last session of the Legisla- ture a commission was appointed for the purpose of inquiring into the subject of assessment and taxation for State and local purposes, the operation and effect of the laws relating thereto and the expediency of revision and amendment. This commis- sion is charged with the duty of reporting to the Legislature on or before January 15th of this year. Canals There were carried on the canals during the season of 1906, 3,540,9x57 tons, an increase of 314,011 tons over the season of 1905, and of 402,302 tons over that of 1904. The total appro- priations for the fiscal year 1906-1907 for both ordinary and extraordinary repairs and for improvements amounted to $925,000, or $75,000 less than for the previous year. It is probable that a further reduction can be made in the appro- priation for the next year. Barge Canal. — The total obligations incurred, together with expenditures made in connection with the barge canal to De- cember 1, 1906, amount to $15,149,482.65. Under the con- tracts thus far let for about $20,000,000 worth of work, the estimated cost will be about $2,000,000 less than the estimates Messages to the Legislature 23 made at the time the Barge Canal Act was passed, despite the increases in the prices of labor and material and despite also the fact that the work includes twenty-one locks which have been widened to forty-five feet instead of twenty-eight feet, as originally contemplated. In addition to that now under con- tract, plans for $18,000,000 worth of work have been com- pleted. Thus altogether plans have been prepared for about 200 miles of canal. There are also plans for about $12,000,- 000 worth of work, which are expected to be completed within the next three months. I repeat the recommendation made in the Governor's mes- sage last year, that the present method of appraising the land acquired for the purpose is unnecessarily expensive, and with- out reflecting upon the present appraisers, it is clear that both economy and efficiency would be promoted by committing the matter of appraisal and the making of agreements for the acquisition of property or property rights, or for the settle- ment of damages, to the Superintendent of Public Works, subject to the approval of the Canal Board. It appears that the amount expended on account of the Board of Examiners and Appraisers to December 1, 1906, was $66,829.86, while the total claims negotiated to the point of settlement up to that date amounted to only $205,132.78. Your attention is also directed to the advisability of making suitable provision in a more careful manner than is provided by existing law for the disposition of surplus waters or water power created or developed in connection with canal improve- ment. Good Roads The constitutional amendment of 1905 authorized an indebt- edness not exceeding $50,000,000 for the improvement of high- ways. For the first time the State has undertaken the con- struction and maintenance of roads in a systematic manner. It has been reported to me that surveys and plans for the im- provement of about 2,500 miles of main roads have been ap- proved by the various boards of supervisors throughout the State; that of these 2,500 miles about 800 miles have been 24 Public Papers of Governor Hughes constructed and that in addition between 500 and 600 miles are under contract and will be completed during the coming year. With the exception of three counties every county out- side of Greater New York has petitioned for improved roads. It is of great importance that this work should go forward and that the system of main highways should be completed with expedition. Elections Recount. — In the Mayoralty election in New York city in 1905 over 600,000 votes were cast, and according to the official canvass George B. McClellan received a pluralty of 3,474 °ver those cast for his opponent, William Randolph Hearst. Upon allegation of irregularities in the canvass an application was made for a writ of mandamus directing a recount of the bal- lots cast. The Court of Appeals held that the present law did not confer authority upon the election officers to reconvene after they had completed their canvass and to recount the bal- lots and that the courts had no power to compel a recount by mandamus. An action to determine the title to office must be brought in the name of the people of the State and is maintained by the Attorney-General. In April last William Randolph Hearst applied to the Attorney-General to have such an action brought in his interest. On such an application the Attorney-General acts in a judicial capacity and he found that the facts brought before him did not justify his intervention. The Legislature, however, has full authority to deal with the matter. There is no question but that widespread doubt is entertained as to the accuracy of the official canvass and that doubt should be resolved. Our entire system of government depends upon honest elections and a fair count. It is a matter of the gravest concern that the view should be largely, even though erroneously, held that one who has been elected to office has been deprived of his seat through invalid returns. The failure to return a summary recount through a defect in the law has aggravated the sense of injustice. I recommend that immediate provision be made for a re- count of the votes cast for mayor at the municipal election in Messages to the Legislature 2 5 New York city in 1905. The matter is not one into which any considerations with respect to persons or expediency should be allowed to enter. If upon a recount it is found that the present incumbent of the office received a plurality of the votes, he will be confirmed in his title, and the claims which have been vehemently asserted against it will be conclusively answered. If, on the other hand, his opponent was elected he should be seated. With reference to future elections the power should be sup- plied to order a recount summarily, which the Court of Ap- peals has found lacking in the present Election Law. Provision should be made both for an entire recanvass or a recanvass of the ballots cast in particular districts or for particular candi- dates. The courts should determine the propriety of the exer- cise of the power in particular cases, but the power should be conferred. The fact that such a summary recount can be had will not only provide means to determine the actual result, but will tend to promote the faithful performance of their duties by election officers. The late Attorney-General recommends, and I fully concur in his recommendation, that the power to authorize the bring- ing of an action to try the title to office should not be lodged with the Attorney-General. His own office may be in question. This power should be entrusted to the Supreme Court, Method of Voting. — Without attempting to be comprehen- sive, two serious objections to the present law may be noted. There is doubt as to the validity of certain methods of split voting. If the general scheme of the law remains the provi- sions as to split ballots should be freed of ambiguity. It is also objectionable that any candidate should have more than one place on the ballot. This leads to flagrant abuses in efforts to obtain endorsements for the purpose of securing a place in more than one column. It is not impossible to have a simple form of ballot which will put parties, candidates and voters respectively on an en- tirely equal footing. I believe that the best form of ballot i* that in which the names of the candidates for the respective offices appear but once grouped under the names of the offices. 26 Public Papers of Governor Hughes I recommend that such a ballot, with appropriate designation of party, opposite the candidate's name, should be adopted. The fact that we are accustomed to another form of ballot in New York has given rise to objections which experience in other states has shown to be without weight. The argument in favor of the party column is that the voter who wishes to vote a straight ticket should have the opportu- nity of doing so with a minimum of inconvenience. But the straight voter has no inherent right to a preference and his constitutional privilege is satisfied if he is allowed freely and secretly to vote by ballot for each candidate. The question whether he should be permitted to vote by one mark for all the candidates in a party column is not simply one of his con- venience, but depends for its answer upon broad considerations of public policy. His convenience is outweighed by the fact that the party column facilitates carelessness in voting and en- courages the nomination of inferior candidates for minor offi- ces, who rely for their success upon the strength of other candidates upon the same ticket. It is wholesome that the voter should be required to express his preference with refer- ence to each office ; and it is desirable that each party should be stimulated to additional care in its nominations, particularly for minor offices, because the candidates are to be submitted to this test. It is also important to make the count as simple and easy as possible. No question of party expediency is involved, as all parties are treated alike. Corrupt Practices. — The laws relating to corrupt practices should be reinforced by amendment as experience reveals de- fects. There is no better way of putting an end to bribery and corruption than by compelling full publicity as to campaign expenditures, and this was the intent of the legislation of last year. From the statements filed after the last election the public has learned of the large amounts that are needed for legitimate uses during a campaign, and party organizations have secured from their managers an account of the manner in which the money entrusted to them was spent. The value of this legislation is principally found in the means provided for Messages to the Legislature 27 the scrutiny of the statements filed, and the provision permit- ting private individuals to institute a legal inquiry for this purpose is a very important advance toward the desired end. This right of investigation should be conserved and made as effective as possible. I recommend that the law be amended by imposing a limita- tion upon the amount that may be expended by a candidate to procure his election. Political Parties. — In view of the relation of political parties to our system of government it is of the utmost importance that the control of parties should be free from corruption, arbitrary methods and unfair practices. For this purpose sev- eral- statutes have been passed culminating in the Primary Election Law of 1898, amended in 1899, which related to en- rollment and primary elections in cities and villages having five thousand or more inhabitants, and also contained provi- sions with regard to certain political conventions and com- mittees. The statute was liberally construed by the Court of Appeals, with the result that fraudulent and arbitrary practices were greatly lessened. Nevertheless such practices have not been wholly stopped, and wherever it is found necessary the law should be strengthened to accomplish its intended effect. Moreover, it is claimed that notwithstanding these remedial statutes, there is no limitation "upon the authority of political State conventions and State committees arbitrarily to exclude and expel honestly elected delegates and members, and that the fraudulent or corrupt action of the majority of such a convention or committee, no matter by what means such major- ity may have been obtained, cannot be reviewed or corrected by the order or decree of any court or judge. If such dangerous practices are not forbidden by existing laws, and proper remedies do not exist for the correction of such serious abuses, it is time that statutes adequate for this purpose should be promptly enacted: The same policy which governs in the case of minor conventions and committees should apply to State organizations. Minorities should not be permitted to make themselves majorities by the arbitrary seizure of politi- cal organizations, nor through corruption or dishonest methods, 28 Public Papers of Governor Hughes and the courts should be vested with ample power to review in a summary manner all such abuses, and to restore to de- frauded persons the political rights to which they are justly entitled. This is not a partisan matter, hut it is one in which all who believe in fair play and honorable political methods are deeply interested. I submit it to your careful consideration. Nominations. — Many suggestions have been made for the purpose of enlarging the freedom of political action through direct nominations as a substitute for nominations by conven- tions. It was apparently the intent of the Primary Election Law (§ 12) to give to a general committee representing a party in any city or village or in a county wholly within any city, or in a borough, authority to adopt a rule that the nomina- tions of the party's candidates for specified offices should be made by the enrolled members at the primary elections. On account of other provisions of law doubt has been cast upon its scope and effect. To provide an opportunity for a suitable trial of the system of direct nominations I recommend that an amendment be passed providing with sufficient clearness that any general committee of a party may adopt a rule providing for direct nominations and that thereupon voting at the pri- maries shall be upon an official ballot printed at the public expense. It is probable that under an unambiguous law of this kind the method will be adopted in one or more important counties and there will thus be furnished a satisfactory test of the desirability of having a system of nominations by direct primary vote. Our own experience will then enable us to de- termine the wisdom of its extension. Insurance At the last session several statutes were passed with the object of furnishing more secure protection to the policy- holders in our life insurance corporations'. Many of the pro- visions became effective on January 1, 1907. These statutes were enacted after a very careful consideration of the questions involved, and the policy they reflect should be fairly tried Messages to the Legislature zg and should be impartially judged in the light of sufficient experience. Of especial value to the policy-holders are the provisions requiring publicity with respect to the essential details of management, and it is believed that with this safe- guard and under the restrictions that have been imposed, the business of life insurance has been placed upon a secure foundation. If any amendment is found advisable in order more fully to carry out the intent of the law, it should be promptly passed. Public Service Corporations Proper means for the regulation of the operations of rail- road corporations should be supplied. For want of it, perni- cious favoritism has been practiced. Secret rebates have been allowed, and there have been unjust discriminations in rates and in furnishing facilities for transportation. Those who have sought to monopolize trade have thus been enabled to crush competition and to grow in wealth and power by crowd- ing out their rivals who have been deprived of access to markets upon equal terms. These abuses are not to be tolerated. Congress has legislated upon the subject with reference to interstate commerce, where naturally the evil has been most prominent. But domestic commerce must be regulated by the State, and the State should exercise its power to secure impartial treatment to shippers and the main- tenance of reasonable rates. There is also need of regulation and strict supervision to ensure adequate service and due regard for the convenience and safety of the public. The most practicable way of attaining these ends is for the Legis- lature to confer proper power upon a subordinate administra- tive body. We have now a Board of Railroad Commissioners of five members. It is charged specifically with important duties. The execution of mortgages and the increase or reduction of capital stock are subject to its approval, its certificate that public convenience and necessity require the construction of a projected railroad is required before construction can be 30 Public Papers of Governor Hughes begun, and it deals with changes in highway grade crossings and various other matters in a definite way. The law also provides that the board " shall have general supervision of all railroads and shall examine the same and keep informed as to their condition and the manner in which they are operated for the security and accommodation of the public and their compliance with the provisions of their char- ters and of law." If in the judgment of the board it appears " that any change of the rates of fare for transporting freight or passengers or in the mode of operating the road or con- ducting its business is reasonable and expedient in order to promote the security, convenience and accommodation of the public," it may after notice and hearing fix a time within which the changes shall be made. But the action of the board in the exercise of this general power of supervision amounts to a recommendation. If its direction is not complied with, the law provides that the matter shall be presented to the Attorney-General for his con- sideration and action, and shall be reported to the Legislature. So, if it appears that any railroad corporation has violated the law or unjustly discriminates in its charges, and the wrong- ful conduct is continued after notice, the matter is to be brought to the attention of the Attorney-General, " who shall take such proceedings thereon as may be necessary for the protection of the public interests." The present scheme of regulation is inadequate. There is a lack of precision in the definition of the powers of the board and an absence of suitable means to compel compliance with its decisions. No penalties are provided for disobedience to orders of the board made within its proper authority. Nor is the board authorized to institute and conduct legal pro- ceedings for the purpose of enforcing its requirements. It is also provided that the expenses of the commission shall be borne by the railroad corporations upon the appor- tionment of the Comptroller. This plan of reimbursing the State is wholly indefensible. The supervision of railroads is in the interest of all the people and should be borne by Messages to the Legislature 31 the people as any other expense of administration. Such a board should be established in public confidence as an inde- pendent governmental body receiving no support from the railroads save as they are duly taxed for the general support of the government. We have also a Commission of Gas and Electricity with broad powers with reference to corporations engaged in sup- plying gas and electric current. It is my judgment that there is no need of two separate commissions to deal with these subjects. There are now cor- porations which are subject to the jurisdiction of both com- missions, and in some cases the same questions are presented for the decision of both. Similar principles are applicable to the decision in many cases within the jurisdiction of each and harmony of administration would be promoted by having a single body. It is plainly in the interest of economic adminis- tration in order to avoid the unnecessary multiplication of officers and clerical force that there should be but one commis- sion. In the two boards we have now eight commissioners. A board of less than this number would answer both purposes. I, therefore, recommend that the present Board of Railroad Commissioners and the Commission of Gas and Electricity be abolished and that a new commission be constituted, with powers of regulation and supervision, within constitutional limits, of the corporations now subject to the existing com- missions. The commission should have all the powers pos- sessed by the present commissions and such additional powers as may be needed to insure proper management and opera- tion. Its powers should be clearly defined and should embrace the power to act upon its own initiative as well as upon com- plaint ; to pass upon the issue of stocks and bonds ; to examine properties, books, and accounts; to require detailed reports in prescribed form; to prescribe reasonable rates; to require adequate and impartial service; to provide for the safety of employees and for the protection of the public ; and generally to direct whatever may be necessary or proper to safeguard the public interests and to secure the fulfillment of the public 32 Public Papers of Governor Hughes obligations of the corporations under its supervision. • Pro- vision should be made for suitable inspection so that the com- mission may be advised as to all matters within its purview and be in a position to take action on behalf of the people without the formal institution of proceedings by complainants. A prescribed quorum should be entitled to decide all ques- tions, and any one commissioner should be empowered to make examinations and investigations, and the proceedings and decisions of one, when approved by the board, should stand as its proceedings and decisions. The corporation guilty of disobedience to its orders, and all officers and other persons responsible for such disobedi- ence should be visited with appropriate penalties. The com- mission should also be entitled to institute legal proceedings for the enforcement of its orders and all such proceedings should be expedited by suitable preference in all the courts of the State. The Legislature should thus provide, within its constitutional power, adequate means for the entirely just and impartial regulation of these important public enterprises. Conditions in Greater New York The problem of transportation in the territory of Greater New York demands special, prompt and comprehensive treat- ment. The configuration of Manhattan island and the con- centration of business at its lower end, together with the rapid growth of population, have produced an extraordinary congestion. All the existing lines, surface, elevated and sub- way, are overburdened and the people suffer in mind, body and estate. The worst congestion is found at the Brooklyn bridge, due to the convergence at that point of the Brooklyn traffic. The people of Brooklyn who do business in Man- hattan are subjected morning and night, not only to exas- perating inconvenience, but to such maltreatment and in- dignities incident to their disgraceful herding that relief in the most practicable manner should be afforded them at the earliest possible moment. Not only are new facilities needed, which should be planned with reference both to immediate and future needs, but there Messages to the Legislature 33 is urgent necessity for more strict supervision to secure better service on existing lines. In some portions of the city anti- quated horse-cars may still be seen, giving picturesque em- phasis to the disregard of the public convenience. Over- capitalization and the improvident creation of guaranties and fixed charges to suit the exigencies of successive combinations entered into for the purpose of monopolizing the traffic have produced their natural results. There are such unjust bur- dens upon earnings and the tendency constantly to effect economies at the expense of proper service is so strong that it is imperative that the people shall have vigilant representa- tives clothed with ample authority to compel the corporation to perform their public duty. In 1891 the Legislature, for the purpose of providing for the development of additional transit facilities, passed the so- called Rapid Transit Act. It constituted a Board of Rapid Transit Commissioners, who were named in the statute. Numerous amendments have been made and additional powers conferred. The statute contains important provisions with reference to construction by the city. Through the accretions of years it has become cumbersome and extremely compli- cated. It needs revision. Pursuant to the provisions of this act the present subways have been constructed and plans have been made for further construction. By a recent amend- ment the board is authorized, with the consent of the board of estimate and apportionment of the city, to grant rights and franchises and to make contracts with reference to the con- struction and operation of the parts within the city of inter- state trunk lines. We have thus in the city of New York an anomalous con- dition. Two boards created by the Legislature are exercising powers of the greatest importance with reference to trans- portation. The Board of Rapid Transit Commissioners is dealing with the question of new facilities and is empowered to make contracts for construction and operation. It is also dealing with the question of the construction of trunk lines into or across the city. The State Board of Railroad Com- 2 34 Public Papers of Governor Hughes missioners has general jurisdiction over the railroads of the State and has supervisory powers over the surface lines and the elevated roads in the city. It does not exercise jurisdic- tion over the subways, as these were constructed under the Rapid Transit Act. But while the powers of supervision are divided, the interests in control of the surface, elevated and subway lines are now united in a single corporation. This situation should be met by a comprehensive plan. All the operations of railroad companies in the territory of Greater New York should he under the supervision of one board. And the board that is to have the power to supervise generally these operations should have the power of initiating plans and of making contracts for the construction and operation of new lines. Instead of two boards dealing with different phases of the same problem, there should be one board em- powered to deal with it in its entirety. As such a board would exercise important State powers of control and regu- lation, it should be a State board, and should be composed of men familiar with conditions in the territory affected. In my judgment it would not be advisable to put all these matters under the control either of the present Board of Railroad Commissioners or of the new commission which I have pro- posed to take its place. The urgent need of an increase in transportation facilities, and the unique conditions existing in Greater New York, justify the creation of a separate board to deal with the entire matter of transportation in that part of the State. I recommend that the Board of Rapid Transit Commis- sioners be abolished and that a new board be created, to have all the powers now exercised by the Rapid Transit Board, and also to have powers with reference to operations within the territory of Greater New York, — or if deemed advisable, within a wider district embracing the adjoining counties into which certain lines of the surface railroads extend, — similar to the powers which I have suggested should be conferred upon the new commission for the rest of the State. There would thus be included the regulation of gas and electric cor- porations. Provision should be made for the retention by Messages to the Legislature , 35 the board of estimate and apportionment of the city, of all the powers, including powers of approval, which it now enjoys. The commission proposed for the State generally should have jurisdiction over all traffic between points within the city of New York and points elsewhere in the State. It is believed that in this manner the whole question of trans- portation, and of gas and electric service, in the territory of Greater New York can be dealt with in an intelligent and efficient manner, and that to the fullest extent possible the just requirements of that great community may be satisfied. Labor The Labor Department should be put on a better footing. Prior to 1901 the Bureaus or Departments of Labor Statistics, Factory Inspection, and Mediation and Arbitration were sepa- rately organized. In that year they were consolidated into the present Department of Labor, but this was accomplished without a suitable revision of the law and some confusion has resulted. Not only should the law be carefully revised, but provision should promptly be made to increase the efficiency of the department by thoroughly equipping it for its work. It serves no useful purpose to increase the duties of a depart- ment without supplying the means by which they may be discharged. And it is of vital importance to the interests of the wage-earners throughout the State that the provisions of the Labor Law should be strictly enforced. There is urgent need for more inspectors. It is utterly impossible for the present force to meet the requirements of the law, and whatever increase is necessary to secure the enforcement of the important provisions of the statutes regu- lating the conditions of labor should be supplied without delay. To attain proper efficiency the work should be specialized and positions and salary should be graded. I recommend to your careful consideration the important subject of child labor. Laws for the protection of children, in securing to them their right to an elementary education and in surrounding them with appropriate safeguards, make a 36 Public Papers of Governor Hughes special appeal to humane sentiment, and nothing should be left undone to give them full effect. Children under sixteen should have an eight-hour day. Such a provision will not only furnish protection from ex- cessive strain, but will also aid the administrative officers in their enforcement of the law. I also recommend that in order to protect children against dangerous employments there should be a more precise pro- hibition specifying the occupations in which children under sixteen shall not be employed. General prohibitions as to such matters are apt to be found inoperative. It is fair to all concerned and essential to the protection of children that the law be made as specific as possible. Agriculture Attention to the industrial and- commercial interests of the State should not lead us to overlook the great importance of its agricultural interests. Every reasonable effort should be made to encourage agriculture and to promote the extension of scientific and gainful methods. The State Fair is an object lesson of much value and has achieved a most gratifying success. Among the receipts of the last fiscal year was $28,357.86 as the surplus realized from the fair of 1905. The just needs of this important educational ■ institution, for such it is, should be recognized and its efficiency should be enhanced by whatever means may be found best adapted to that purpose. The problem of agricultural labor is a serious one. One source of partial relief is indicated by the fact that during the last year about three thousand immigrants coming into the port of New York have been turned toward and placed upon the farms of this State as laborers. But this relief is very slight, and the scarcity of farm help remains a cause of great embarrassment. It is also gratifying to note that the bulletins issued by the Agricultural Department have facili- tated the sale of abandoned farms. The important work of this department, which is charged with extensive duties, should be fully supported. Messages to the Legislature 37 Pure Food The legislation with reference to adulterations and im- purities in food is partly found in the Public Health Law and partly in the Agricultural Law. It is desirable that the laws should be codified and presented in a single comprehensive statute, suitably defining the duties of the department which may be charged with its execution. Every possible means should be provided to safeguard the people against imposition through skillful adulterations and to prevent the sale of adul- terated or improperly branded foods. To attain the desired results, the public should be apprised in an appropriate man- ner of the results of analyses and the progress made in the enforcement of the law. Frequent reports or bulletins would contribute to this end, serving as a vehicle of useful informa- tion and also as an indication of the effectiveness of the State's supervision. Congress has recently legislated upon the general subject with reference to interstate commerce, and efforts should be made to promote harmony between the work of the Federal and State authorities. Forest Preserves and Water Powers There has been general recognition in recent years of the vast importance to the State of the preservation of its forests. To prevent the irreparable loss which would be occasioned by their devastation and conversion to private uses the State has pursued the policy of acquiring forest tracts. This policy should be continued, and as rapidly as possible and so far as may be necessary to accomplish its purpose the State should extend its holdings. All propositions which may in- volve any diversion of these lands from the purpose of their acquisition should be most carefully scrutinized. In this connection it is well to consider the great value of the undeveloped water powers thus placed under State con- trol. They should be preserved and held for the benefit of all the people and should not be surrendered to private in- terests. It would be difficult to exaggerate the advantages which may ultimately accrue from these great resources of power if the common right is duly safeguarded. 38 Public Papers of Governor Hughes Water Supply Commission By the act creating the Water Supply Commission it is provided that no municipal or public corporation or public board or any private person or water works company en- gaged in supplying any municipal corporation with water should acquire lands or additional sources of water supply save as the commission determines, among other things, whether the plans proposed are justified by public necessity and are equitable in their relation to other divisions of the State. It also has important powers with reference to river improvement. It remains to be considered whether it is not advisable to provide a more comprehensive plan, embracing in a clearly defined way the matter of water storage and the use of water courses for purposes of power. The entire question of the relation of the State to its waters demands more careful attention than it has hitherto received in order that there may be an adequate scheme of just regulation for the public benefit. Prisons The Legislature of 1905 provided for a commission to ex- amine into the condition of the prisons at Auburn and Sing Sing with a view to their reconstruction. In pursuance of this report, the last Legislature provided for the appointment of a Commission on New Prisons, and authorized this com- mission to establish a new prison to take the place of Sing Sing. I understand that the commission is about to report. It is important that the work of constructing a new prison should go forward as rapidly as possible, and that any ob- stacles to the execution of the work should be removed. The value of the probation system is well recognized, but the system requires perfecting. There is need of careful and sympathetic study of the matter, for the advantages which it promises cannot be had unless a practicable statutory scheme is worked out and is carefully administered. Your attention is also directed to the condition of the county jails and penitentiaries. There is urgent necessity for reform in administration and the question is presented whether Messages to the Legislature 39 it is not advisable to reorganize the prison system of the State and through State control to secure uniformity of con- dition and discipline. Charities There is no better test of State administration than is af- forded by its care of the sick, the feeble-minded and the in sane, and every effort should be made to promote the efficiency of this work. It is my purpose to examine into the needs of our charitable institutions at the earliest opportunity. 1 Relief of the Courts Provision has been made for the relief of the Supreme Court by the election of additional justices. There are other courts, however, where relief is impera- tively demanded on account of the great accumulation of business. I am informed that the City Court of New York is three years behind in its regular calendar, so that unless a case is of such a nature that it can be put upon the short cause calendar it takes three years to reach it for a trial. This is a shocking injustice. In the Municipal Court in the borough of Manhattan, there are undisposed of 6,543 cases on the general calendars and 8,789 cases on the reserved calendars, with the figures missing for two districts which themselves have a very large accumu- lation of arrears. It is doubtful whether any court in the country affects the welfare of more persons. It is the poor man's court, where justice should be speedy, but delays of this sort amount to a denial of justice and breed disrespect for the law and its administration. If we are to maintain law and order and conserve our institutions, evils of this sort must be remedied. While we are spending many millions of dollars on public works of great importance to the business interests of the State, we must not fail to make adequate provision to secure to the masses of the people the prompt enforcement of their rights and the swift redress of their grievances. No one who is acquainted with the conditions prevailing in these courts, and the earnest efforts which are 40 Public Papers of Governor Hughes made by the justices to perform their duties under conditions of great embarrassment can fail to recognize the urgent necessity of devising some means of relief. I ask your careful consideration of this matter. Condemnation Proceedings The delays and expense incident to condemnation proceed- ings have been the occasion of much just criticism. It should be possible to devise a plan by which the appraisal of the value of land taken for public uses can be made by a permanent body with fixed compensation. This would be in the interest of economy and despatch, and would tend to put an end to abuses which have too frequently existed in the past. 1 Statutory Consolidation The condition of our statutory law has long been a matter of reproach. For years efforts have been made to secure an orderly arrangement and a suitable classification and consolida- tion. In 1889 the Statutory Revision Commission was created to revise the General Statutes and in 1895 it was assigned the work of revising the laws regulating practice in the courts. As a result a number of general laws were passed, but in 1900 the commission was abolished. In 1904 the Board of Statutory Consolidation was created. Its work has progressed upon a plan which, as I am informed, disposes either by consolidation or express repeal of every general statute ever passed by the Legislature and presents a chronological table of the entire statutory law, general and special, with its complete history. The proposed general laws have been prepared and if their final examination by the mem- bers of the board is completed in time they will be presented to the Legislature this year. There remain the special laws, which should be classified and brought together under an ap- propriate analysis so that it will be possible to consult all the general laws and special laws on a given subject without the necessity of a search through the session laws. This should be supplemented by an adequate index so that any one may Messages to the Legislature 41 readily ascertain the statute law upon any given subject. It was also charged with the duty of reporting for enactment such amendments as to matters of procedure as should be deemed proper and necessary to condense and simplify the existing practice. » The work of the board should be continued and should pro- ceed as rapidly as is consistent with the care and thoroughness which its importance demands. In addition, it is desirable that independent provision should be made for a suitable revision of the Greater New York charter. Alaska- Yukon-Pacific Exposition The president and trustees of the Alaska- Yukon-Pacific Exposition to be held at the city of Seattle, in the State of Washington, from June 1st to October 15th, in the year 1909, have invited the government and people of the State of New York to take part in the important event and to be repre- sented by official commissioners, an adequate display of the arts, sciences and industries, and by a State building. I submit the matter to the consideration of the Legislature. Letchworth Gift It is my privilege also to lay before you the public-spirited proposal of the Honorable William Pryor Letchworth to con- vey to the People of the State of New York 1,000 acres of land, approximately, situated in the town of Genesee Falls, Wyoming county, and the town of Portage, Livingston county, upon which Mr. Letchworth now resides. He desires to dedi- cate the land to the purpose of a public park or reservation, subject to his life use and tenancy and his right to make changes and improvements thereon. If it is your pleasure to provide for the acceptance of the gift, the State will thus ob- tain title to a tract of rare beauty, the reservation of which for the purposes of a public park cannot fail to contribute to the advantage and enjoyment of the people. CHARLES E. HUGHES 42 Public Papers of Governor Hughes Announcing the Death of Frank Wayland Higgins State of New York — Executive Chamber Albany, February 13, 1907 To the Legislature: It is with deep sorrow that I announce the death at Olean on February 12th of FRANK WAYLAND HIGGINS, re- cently Governor of this State. His public career and the distinguished services rendered by him to the State are fresh in your memory. For nine consecu- tive years he sat in the senate and by the nobility of his char- acter, his sagacity, and his conscientiousness in the discharge of every duty he won the friendship and high esteem of all his colleagues regardless of party affiliations. Later, as Lieuten- ant-Governor, he presided over the deliberations of the senate with dignity and impartiality. His administration as Governor was- characterized by honesty of purpose and by painstaking fidelity, and was made notable by the achievement of most important reforms. As his health failed he continued his work without flinching, counting no personal sacrifice too great which would enable him to perform his duty. No soldier on the battlefield ever exhibited greater heroism than was his when, at the peril of his life, he made his last public appear- ance to discharge what he conceived to be his public duty on the occasion of his successor's inauguration. He was a man of the highest integrity and he has left to the people of the State the fresh memory of a character with- out blemish. In recognition of his services I have ordered that the flags upon the public buildings be displayed at half-mast and I recommend such further action by the Legislature as may be deemed appropriate. CHARLES E. HUGHES Messages to the Legislature 43 Recommending the Passage of a Legislative Apportion- ment Act State of New York — Executive Chamber Albany, May 1, 1907 To the Legislature: The recent decision of the Court of Appeals makes it im- perative that provision should be made for a constitutional apportionment of Senators and Members of Assembly. The Constitution adopted in 1894 itself established the dis- tricts from which members of the Legislature should be chosen. It further provided that an enumeration of the inhabitants of the State should be made in the year 1905 and that " the said districts shall be so altered by the Legislature at the first regu- lar session after the return of every enumeration, that each senate district shall contain as nearly as may be an equal nun> ber of inhabitants, excluding aliens, and be in as compact form as practicable, and shall remain unaltered until the return of another enumeration," and other requirements of such new apportionment were defined. At the last session of the Legislature an act was passed (Laws of 1906, Chap. 431) dividing the State into fifty-one senate districts, andalso providing the number of assemblymen to be elected in each county. An enumeration of the inhabit- ants of the State had been taken in accordance with the Con- stitution before this enactment. The validity of the Apportion- ment Act of- 1906 was challenged upon the ground that the constitutional provisions had been violated, and that its defects were so grave that the entire apportionment should be set aside. The Court of Appeals has sustained this claim and has de- clared the Apportionment Act " wholly unconstitutional and void." Under these circumstances it is the obvious duty of the Legislature to provide for a new and constitutional apportion- ment. 44 Public Papers of Governor Hughes It may be suggested that, as the members of the present Legislature were elected largely from districts which were de- fined by the invalid apportionment, this Legislature cannot legally or with propriety pass a new Apportionment Act. So far as the legal question is concerned, if it be admitted that the present Legislature cannot, by reason of a defect in the manner in which it was constituted, pass a valid apportionment act, it would seem to follow that it has no competency to legislate on any subject. For it cannot be said to be a valid legislature for the purpose of passing statutes affecting the general interests of the people, and in making appropriations of moneys received from the people, and not be a valid legisla- ture for the purpose of performing the constitutional duty of making an equitable apportionment. It is needless to say that the greatest confusion would result from the decision of the Court of Appeals if the corollary were that the present Legislature has no effective existence, and is without authority to exercise the legislative power of the State. This was foreseen by the Court of Appeals, and the matter is clearly discussed in the opinion of Chief Judge Cullen. With this opinion six of the seven judges of the court concurred. Chief Judge Cullen summed up his conclusions as follows : "As already said, the Senate and Assembly elected under the Apportionment Act, and actually assembled, constitute in any aspect a de facto legislature. As a de facto body, each house has, under the Constitution, not only the exclusive power but the exclusive right to judge of the title of any of its mem- bers to a seat therein. Whoever either house receives as its legally elected member and entitled to a seat, becomes thereby a de jure member of that house, even though the courts, were such a question triable before them, might be of a different opinion. It follows, therefore, that not only is the present Legislature a valid legislature, but that each member thereof, so long as the particular house to which he belongs does not oust him, is, as to all the world, not only a de facto but a de jure member, and he is entitled to all the privileges of a member, the exemption of his person, the right to his salary and Messages to the Legislature 45 the like, and his title to office cannot be challenged before any tribunal except the house itself. Thus, there can be no vacancy in any particular district which the Governor or other officer can call upon the electors to fill, unless the house ousts the member and declares him not entitled to his seat. All this, however, does not show that our decision is a mere brutam ful- men and of no practical effect. While the court cannot pass on the title of any present member of the Legislature, it can control the action of administrative officers in the conduct of the next election that takes place. If the present Legislature should pass a new apportionment bill in compliance .with the provisions of the Constitution, the next general election at which members of either house are to be elected will be held under the new statute. If the Legislature fails to discharge this duty, then the election must be held in accordance with the apportionment under the Constitution of 1895. In other words, while the courts cannot interfere with the present Legislature, they can compel future elections to be held in compliance with the Constitution." This is a clear statement of the power of the present Legisla- ture to pass a valid apportionment act under which " the next general election at which members of either house are to be elected, will be held." And it is further pointed out .that the exercise of this power is a duty on" the failure to discharge which it would be necessary to hold elections in accordance with the apportionment contained in the Constitution of 1895. It would be an obvious injustice, in view of the changes in the population of the old districts, for another Legislature to be elected upon the basis of an apportionment now so widely at variance with the demands of fair representation of the elect- ors of the State. Such a course could find excuse only in necessity. But, as already stated, if the Legislature assumes to exercise the prerogatives of a valid legislature, it should also perform the duty imposed upon those who exercise the legis- lative power in the State of providing for a fair representa- tion of the electors of the State in accordance with the intent of the Constitution. 46 Public Papers of Governor Hughes In making a new apportionment the Legislature now has the advantage of the guidance of the court of last resort in the construction of the constitutional provisions. With reference to the Apportionment Act of 1906, the court mentions specifi- cally two districts where the disregard of the constitutional provisions was so clear that the whole apportionment was rendered invalid. The court expressed no opinion as to the other districts, contenting itself with a definition of the princi- ples of apportionment established by the Constitution. The Constitution contains certain mandatory provisions, and others which leave opportunity for the exercise of legislative discretion. It is, of course, impossible to divide the State with mathematical exactness. The recognition, in the manner re- quired by the Constitution, of county, town and block lines, prevents an apportionment which would result in absolute equality of representation. But as Judge Chase says : "As the discretion of the Legislature relating to the relative number of inhabitants in senate districts arises from necessity, it should cease where the necessity for discretion ends." The history of constitutional changes in regard to legislative ap- portionments, as the learned judge points out, " shows a grad- ual withdrawal from the Legislature of discretionary power and a continued adding " of constitutional limitation. The con- clusion is inevitable, " that the minimum of discretion neces- sary to preserve county and other lines and to give reasonable consideration to the other provisions of the Constitution is left to the Legislature." The matter is not one of personal preference or of individ- ual interests, nor does it rest in large political discretion. It was wholly to eliminate such considerations that the people, in adopting the new Constitution, so strictly limited the legislative power. As the Court of Appeals said in Matter of Smith agt. Board of Supervisors ( 148 N. Y. 187) : " The evil sought to be remedied by the new Constitution was to prevent those gross discrepancies in apportionment and representation that had long been a public scandal and a re- proach to the good name of the State." Messages to the Legislature 47 The people are entitled to have a perfectly fair apportion- ment in accordance with the letter and the spirit of the Con- stitution. No considerations are paramount to this just re- quirement. » I therefore recommend to the Legislature the passage of a new apportionment act which will redistrict the State so as to provide such equality of representation as can be had under the constitutional provisions, and of such a character as to be of unquestioned validity and commend itself to the intelligent judgment of the people. (Signed) CHARLES E. HUGHES Recommending the Passage of a Bill for a Recount of the Votes Cast for Mayor of New York City in 1905 State of New York — Executive Chamber Albany, May 23, 1907 To .the Legislature: In my first message to the Legislature I recommended that provision be made for a recount of the votes cast for mayor at the municipal election in New York city in 1905. The reasons for this recommendation were fully stated. The doubt that exists as to the result of that election should be dispelled and the demands of justice with reference to a matter of fundamental importance should be satisfied. There is no reason why a grievance should be fostered be- cause the law, supposed to be adequate, has been found de- fective and provision for a summary recount is wanting. This lack the Legislature is competent to supply. A bill providing for the recount has passed the Assembly and I respectfully urge its passage by the Senate. The meas- ure is neither for nor against any one, but is simply in the public interest in order to provide the means for settling a matter which all should desire to place beyond controversy. 48 Public Papers of Governor Hughes The importance of the question increases rather than dimin- ishes with the lapse of time, and it should be promptly dis- posed of. It has been suggested that it will be necessary, under the constitutional provision, to submit the bill to the mayor of the city. Without attempting to deal with this matter at length, I may say that in my judgment that course should be taken. And, in view of the urgency of the matter, I recommend that the Legislature postpone final adjournment until after the bill becomes a law. (Signed) CHARLES E. HUGHES Recommending the Passage of Acts Providing for an Investigation of Departments — Amending the Pri- mary Law and the Election Law, for the Develop- ment of Water Power and Amending the Tax Law State of New York — Executive Chamber Albany, June 4, 1907 To the Legislature: I respectfully urge the passage of suitable legislation with reference to the following matters : ( 1 ) Provision for investigation by the Governor of adminis- trative departments. (2) Amendment of the Primary Election Law so as to make proper provision for direct nominations and official primary ballots. (3) Amendment of the Election Law so as to make more effective provision against corrupt practices. The recent de- cision of the Supreme Court holding certain features of the act of the last session to be unconstitutional because of the absence of a requirement of notice to the persons affected by proceedings for the purpose of inquiring into the truth or sufficiency of statements of election expenses makes it highly Messages to the Legislature 49 important that the law should be amended. The scheme for a judicial scrutiny of the statements filed is a most valuable one and should not be allowed to fail of effect. I also recommend to your consideration the further limitation of the amounts which can be expended in connection with elections without being scheduled or itemized. (4) Provision for inquiry and the formulation of plans with reference to the development and use of water powers and their proper regulation and control by the State. (5) Amendment of the Tax Law so as to include for pur- poses of taxation, within the term " special franchise," the crossing of streets, highways or public places within the limits of cities and incorporated villages. Under the present law, as it has been amended, it appears that a large number of im- portant special franchises to maintain such crossings are not the subject of. taxation, and there would seem to be no ade- quate reason for the exemption. With reference to this matter the State Board of Tax Commissioners said in its recent report : " The immediate effect of this amendment (referring to the present law) was to reduce the number of special franchise assessments made by this Board by more than 1,100, and took from the aggregate special franchise as- sessments more than $10,000,000 in values. A small por- tion of this amount was tangible real property embraced therein which went back to the jurisdiction of local as- sessing officers, but the much larger amount represented intangible or special franchise value proper, which has since that time been lost to the localities. It may be quite safely stated that but for this amendment the amount of the intangible or special franchise values, on account of the assessment of these crossings, would at this time show a material increase over the amount stated. The greater part of these values which entered into this ag- gregate of $10,000,000 came from the populous centers, the cities and villages of the State. It may be, as con- tended, that the expense b'f gathering the information and 50 Public Papers of Governor Hughes making the assessments of these crossings in the country districts by this Board is out of proportion to the benefits received, but this condition does not exist in respect to such crossings in the populous centers. In such localities these rights are of very substantial value. In many in- stances they are much more valuable than special fran- chises which are being assessed by this Board on account of their being differently situate in streets and public places. This property right, indisputably of substantial value, is rfot taxable under the present law, and this Board is unable to see why it should not bear its just share of the burdens of government." The passage of suitable measures to attain these objects I believe to be of great public importance. (Signed) CHARLES E. HUGHES Recommending the Passage of an Act Apportioning Senators and Members of Assembly State of New York — Executive Chamber Albany, June 24, 1907 To the Legislature : I recommend to your most serious consideration the im- portance of making a constitutional apportionment of Sena- tors and Members of Assembly before the Legislature ad- journs. The necessity of a new apportionment is obvious. The Apportionment Act of last year has been set aside, and it would be not only inconvenient, but most unjust, in view of the changes in population, to have an election upon the basis of the apportionment fixed in 1895. The alternative is to have a new apportionment in accordance with the requirements of the Constitution, and this should be provided without delay. Messages to the Legislature 51 It is undoubtedly important that the present session of the Legislature should not longer be protracted. I am informed that several hundred bills have been passed and are awaiting Executive action, and it is practically impossible that they should be disposed of save during the period allowed for that purpose after adjournment. It is particularly important, in order to avoid embarrassment in conducting the business of the State, that the supply bill appropriating moneys for cur- rent needs should be acted on as soon as possible. But both this bill and the general appropriation bill require an extended and thorough consideration, which is not possible if they reach the Executive during the session of the Legislature and must be passed upon within the ten days in that case allowed by the Constitution. It has been the invariable practice to permit the Executive to deal with them after adjournment, in order that they may receive the study they deserve. In view of these considerations, as well as of the avoidable expense en- tailed by an unnecessary prolongation of the session, it is highly desirable that there should be an early adjournment; and in recognition of this, you have passed a concurrent reso- lution providing for adjournment on June 26th. But I deem it to be of extreme importance that before that date a proper apportionment bill should be passed. The matter has long been under consideration; the subject has been thoroughly examined; and there is no sufficient reason for delaying its disposition. An extraordinary session should not be required for a purpose which can so readily be accom- plished during the regular session. The subject cannot be dealt with to better advantage at any future time. The pub- lic interest, which should be the sole consideration, requires prompt action and the avoidance of delay and additional ex- pense to the State for which there is no public reason. I present the matter to you as one of paramount public obligation, and I deem it my duty respectfully to urge an •immediate response to the just demand of the people of the State. (Signed) CHARLES E. HUGHES 52 Public Papers of Governor Hughes Recommending the Passage of an Act Apportioning the Senators and Members of Assembly State of New York — Executive Chamber Albany, July 8, 1907 To the Legislature: I have convened you in extraordinary session in order that provision might be made for. an apportionment of Senators and Members of Assembly, in accordance with the require- ments of the Constitution, and I recommend that subject for your consideration. It is not my purpose to propose a particular plan of appor- tionment. It is the function of the Legislature to formulate such plan and submit it by suitable bill for Executive action. The constitutional powers and obligations of the Legislature with respect to this matter have been clearly defined by the Court of Appeals. The import of the decision of the court was thus stated in my message of May 1st: " The Constitution contains certain mandatory provisions, and others which leave opportunity for the exercise of legisla- tive discretion. It is, of course, impossible to divide the State with mathematical exactness. The recognition, in the manner required by the Constitution, of county, town and block lines, prevents an apportionment which would result in absolute equality of representation. But as Judge Chase says: 'As the discretion of the Legislature relating to the relative num- ber of inhabitants in Senate districts arises from necessity, it should cease where the necessity for discretion ends.' The history of constitutional changes in regard to legislative ap- portionments, as the learned judge points out, ' shows a gradual withdrawal from the Legislature of discretionary power and a continued adding,' of constitutional limitation. The conclusion is inevitable, 'that the minimum of discretion necessary to preserve county and other lines and to give rea- sonable consideration to the other provisions of the Con- stitution is left to the Legislature.' Messages to the Legislature 53 " The matter is not one of personal preference or of in- dividual interests, nor does it rest in large political discretion. It was wholly to eliminate such considerations that the people, in adopting the new Constitution, so strictly limited tlje legis- lative power. As the Court of Appeals said in Matter of Smith v. Board of Supervisors (148 N. Y. 187) : The evil sought to be remedied by the new Constitution was to prevent those gross discrepancies in apportionment and representation that had long been a public scandal and a reproach to the good name of the State.' " The people are entitled to have a perfectly fair apportion- ment in accordance with the letter and the spirit of the Con- stitution. No considerations are paramount to this just re- quirement." The failure to provide a suitable apportionment at the regu- lar session, in the absence of any public reason, has been a serious disappointment to the people. To avoid further pub- lic inconvenience, it is of great importance that the matter should now be disposed of promptly. Obviously such a ques- tion, involving political consequences, gives rise to a conflict of interests, and its solution cannot be hoped for without personal sacrifices. But the test of public spirit lies in the readiness to make such sacrifices and the people have a right to demand, and do emphatically demand, that public duty shall not be subordinated to personal interest or convenience. I also recommend for your consideration and action the question of an amendment of the Primary Election Law, so as to make adequate provision whereby nominations of can- didates for public office may be made directly at primary elec- tions. In my first message to the Legislature I said : " It was apparently the intent of the Primary Election Law (section 12) to give to a general committee representing a party in any city or village or in a county wholly within any city, or in a borough, authority to adopt a rule that the nomi- nations of the party's candidates for specified offices should be made by the enrolled members at the primary elections. 54 Public Papers of Governor Hughes On account of other provisions of law, doubt has been cast upon its scope and effect. To provide an opportunity for a suitable trial of the system of direct . nominations, I recom- mend that an amendment be passed providing with sufficient clearness that any general committee of a party may adopt a rule providing for direct nominations and that thereupon voting at the primaries shall be upon an official ballot printed at the public expense. It is probable that under an unam- biguous law of this kind the method will be adopted in one or more important counties and there will thus be furnished a satisfactory test of the desirability of having a system of nominations by direct primary vote. Our own experience will then enable us to determine the wisdom of its extension." Provision was made at the regular session for an official primary ballot, but not for direct nominations. I recommend that provision be made for. the latter, and for the reasons already stated and in order that the movement which prom- ises an important reform should be encouraged in a suitable manner, the measure should be of an optional character. (Signed) CHARLES E. HUGHES Recommending; the Passage of an Act for the Develop- ment of the State Fair State of New York — Executive Chamber Albany, July 12, 1907 To the Legislature: I recommend for your consideration the subject of making a suitable appropriation for expert examination of the site of the State Fair at Syracuse and the preparation of suitable plans for an adequate scheme of development. The State Fair is an enterprise too important to be per- mitted to develop except with reference to some carefully Messages to the Legislature 55 devised and comprehensive plan. While appreciating the in- telligent direction under which the fair has been brought to its present high degree of usefulness, I believe the time has come when plans for the future should be matured under expert guidance, so that as buildings are provided from time to time and provision is made for the various interests of the fair, they all may have relation to a suitable general scheme. This matter should be taken in hand promptly so that the needed extension of facilities should not be delayed and at the same time all the advantages of method and foresight should be secured. I have disapproved the item in the bill passed at the last session for a new exposition building with the idea that the subject can immediately be dealt with and under expert direc- tion plans can be made pursuant to which the required appro- priations can be provided early in the next session of the Legislature. This procedure, I believe, will prove of great advantage and insure the development of the fair, in which all citizens should be interested, in the most satisfactory man- ner. I also recommend for your consideration the subject of making provision, by suitable appropriation, for necessary re- pairs and replacements to establish telephonic communication between the Quarantine Station on Staten Island and Hoff- man Island, and also between Hoffman Island and Swinburne Island. Owing to the bad condition of the present cable the Quar- antine Station is now without; means of communication with the islands save by boat. It is obvious that this is not only a matter of inconvenience but might easily prove to be of the most serious embarrassment to the operations of the quaran- tine establishment in time of emergency. The matter is urgent and cannot properly be left to the next session of the Legis- lature. (Signed) CHARLES E. HUGHES 56 Public Papers of Governor Hughes Recommending the Passage of Acts Amending the Charter of Greater New York and the Code of Civil Procedure, and in Relation to Certain Town Bonds State of New York — Executive Chamber Albany, July 17, 1907 To the Legislature: I recommend the following subjects for your consideration: (1) Amendment of the Greater New York charter so as to provide that whenever the comptroller of the city has been unable to sell at public sale any portion of the bonds and corporate stock duly offered, such portion may be sold by him at private sale for not less than their par value. On account of the recent failure of an offer of corporate stock, the comptroller is urgent that such amendment be pro- cured and expresses confidence in his ability to dispose of 4 per cent, corporate stock at private sale at not less than par. The board of estimate and apportionment has adopted a resolution favoring the amendment. It has been urged upon me that unless this relief is secured it will be necessary for the authorities to fix a higher rate of interest, and that this will be seriously prejudicial to the interests of the city. Opinion seems to be divided as to the wisdom of the proposed amend- ment, many fearing that it will open the door to collusion. In other important jurisdictions, however, public securities may be sold at private sale. And there are two important checks in the requirements that the bonds shall not be sold for less than their par value and must first be duly offered at public sale. The responsibility of conferring power is with the Leg- islature; the responsibility of its due exercise is with the municipal authorities. In view of existing financial condi- tions and the importance of the matter to the city of New York, I am constrained to submit it to your careful considera- tion. (2) Amendment of the Greater New York charter so as to make suitable provision for new aldermanic districts. The Messages to the Legislature 57 present districts, established many years ago, do not properly conform to the present distribution of population, and redis- ricting is necessary in order to secure a fair equality of repre- sentation. » (3) Amendment of section 850, of the Code of Civil Pro- cedure, so as to provide a method of unquestioned constitu- tionality for punishment for contempt. This is most important in order to make nonjudicial examinations effective. (4) Providing for relief urgently needed, as it is repre- sented to me, by certain communities, as follows : By providing that the town of West Seneca may issue bonds at a rate of interest not exceeding 5 per cent, per annum for the construction of sewers and disposal plant. It appears that the town has not been able to dispose of the short-term certificates of indebtedness provided for at the regular session, and that the case is one of extreme urgency. By providing that the city of Lockport may sell bonds bearing interest at a rate not exceeding 5 per cent, per annum in order to complete its water works system. By legalizing bonds of the village of Geneseo issued for general village and fire department purposes. (Signed) CHARLES E. HUGHES Recommending an Appropriation for the Expenses of the Legislative Session State of New York — Executive Chamber Albany, July 24, 1907 To the Legislature: I recommend for your consideration the subject of making suitable appropriation for the expenses of this session. (Signed) CHARLES E. HUGHES IV VETOES IV VETOES Relieving Property=Owners of the Cost of Improving Highways State of New York — Executive Chamber Albany, February 26, 1907 To the Senate : I return herewith, without my approval, Senate bill No. 188, entitled "An act to permit the electors of the towns of Vernon and New Hartford, in the county of Oneida, to vote upon the proposition to make the charge of fifteen per centum of cost of roads already improved in said towns, under chapter one hundred and fifteen of the laws of eighteen hundred and ninety-eight, a town charge in- stead of a charge upon abutting owners." If provision is to be made to relieve abutting owners from the charge of 15 per cent, of the cost of improved highways, to which they have been subjected under chapter 115 of the Laws of 1898 (prior to its amendment by chapter 468 of the Laws of 1906), the result should be accomplished by a general law applicable to all towns in like case. It is inadvisable, in my judgment, to open the door to special legislation of the sort exemplified by this bill. The State should have a general policy either to decline to interfere with the charge already laid upon the abutting owners, or to provide for their relief by an appropriate statute general in its application. (Signed) CHARLES E. HUGHES 61 62 Public Papers of Governor Hughes In Relation to the Claim of Robert E. Jones Against the City of New York State of New York — Executive Chamber Albany, April 9, 1907 To the Senate: I herewith return, without my approval, Senate bill No. 366, entitled "An act to provide for the payment of the claim of Robert E. Jones for furnishing work, labor, services and materials in the repair of the fire alarm system in the fifth ward of the borough of Queens in the city of New York." Its purpose is to empower the board of estimate and ap- portionment of the city of New York to inquire into the facts relating to the justice of a claim against the city and to pro- vide for payment for services and materials actually furnished and delivered to the city, although a strictly legal obligation may not have been incurred. Undoubtedly there are many equitable claims against the city which by reason of some technicality cannot be enforced under the present law. That, however, is no reason why it should be necessary for the Legislature to pass a special act with reference to each one of such claims in order that the local authorities should have power to pass upon it. A num- ber of bills of this sort, each relating to a single claim, have reached me, and others are pending in the Legislature. It is an example of special legislation which is wholly unnecessary. It is a simple matter to give the board of estimate and ap- portionment of the city of New York, by a general bill, the necessary power to deal with the equities of any claim where the city has actually received the benefit of services or prop- erty. In other words, instead of conferring the power in individual cases and filling the statute books with unnecessary acts, the power should be conferred. by an appropriate amend- ment of the charter. (Signed) CHARLES E. HUGHES Vetoes 63 Concerning the Columbia County Court House State of New York — Executive Chamber Albany, April 17, 1907 To the Assembly : I herewith return, without my approval, Assembly bill No. 818 (Senate reprint No. 1026), entitled "An act to provide for the erection and furnishing of a new court house in the city of Hudson for the use of the county of Columbia, and to provide means to defray the expense thereof, and to sell or dispose of the ruins of the former court house situate in Hudson." The object of this bill is to take from the board of super- visors of Columbia county the power vested in it by the County Law to build a new county court house, and to place this power with a commission named by the Legislature. The exceptional circumstances which would warrant such a departure from correct principle do not appear to exist. Public sentiment, instead of demanding it, opposes it. The people of the county, whose money is to be expended in the erection of the new court house, have indicated that they desire that its con- struction should be in charge of their duly elected representa- tives. The building of a new court house is undoubtedly an im- portant event, and it is fitting that there should be concern lest the work should be carried on improperly, and lest that which should be a monument of the public spirit and good judgment of the county should memorialize ignorance and extravagance. The movement which culminated in the introduction and passage of this bill had its inception with members of the bar and derived its force from the fear that the interests of the people would not be safeguarded by the board of supervisors, and that the serious errors which had been committed in connection with the building of the court house recently destroyed might be repeated. 64 Public Papers of Governor Hughes The present board of supervisors is not responsible for the action of a prior board, and is apparently alive to its duty and is proceeding with competent assistance in the direction of the work committed to it by law. It has been shown to me by evidence, which in the absence of suitable contradiction must be accepted, that the people of the county have confidence in the present board, and there is no apparent ground upon which this matter, which normally belongs with the board of super- visors, should be taken, against the wishes of their constituents, out of their hands. (Signed) CHARLES E. HUGHES Providing for Additional Employees in the Queens County Jail State of New York — Executive Chamber Albany, April 17, 1907 To the Assembly : I herewith return, without my approval, Assembly bill No. 1 122, entitled "An act in relation to employees in the Queens county jail, and fixing their compensation." The bill authorizes the sheriff of Queens county to appoint three additional keepers and two deputy wardens for the county jail. It also fixes the salaries of these and the other employees in the jail. As to the necessity of increasing the force in the jail and as to the propriety of the proposed salaries I make no comment. I disapprove the bill because I regard it as important that matters of this sort should be placed in the control of the ap- propriate local authorities. A large number of bills have been introduced providing for new positions and increases of salaries in various local offices of political subdivisions of the Vetoes 65 State, and I am convinced that the policy should be estab- lished of giving to the local authorities adequate power to deal with such matters. Whether there should be an additional jailor in one county, or the salary of a clerk or copyist in another county should be increased, is a purely local matter. Local needs can best be determined by the boards which have been chosen to administer local affairs, and the expenditure of the moneys raised by taxation for local purposes should be under their control. In the counties of the State, outside of Greater New York, there are boards of supervisors to whom such matters should be committed; and if any amendment is needed to the general law defining their powers it should be supplied so that special legislation with regard to particular communities shall be rendered unnecessary. By the Greater New York Charter it is provided that the salaries of all county officers in the counties of New York, Kings, Queens and Rich- mond shall, unless otherwise provided by law, be fixed by the board of aldermen on the recommendation of the board of estimate and apportionment. The creation of additional positions, wherever necessary, in the administrative depart- ments of county government, and the matter of salaries of subordinate employees, should be in the control of the proper local authority, and suitable amendments to the charter may be made in order to accomplish this result. What has been said of county officers is also true of city and village officers. The proper authorities of the city or village should have sufficient power under general provisions . of law to fix the salaries of subordinate city and village officers and employees and to create such additional minor positions as may be needed. (Signed) CHARLES E. HUGHES 3 66 Public Papers of Governor Hughes In Relation to the Office of Sheriff of Kings County State of New York — Executive Chamber Albany, April 23, 1907 To the Assembly : I herewith return, without my approval, Assembly bill No. 1049 (Senate Reprint No. 848) entitled 'An act to amend chapter seven hundred and five of the laws of nineteen hundred and one, entitled An act to make the office of sheriff of the county of Kings a salaried office and regulating the management of said office,' generally." This bill creates the positions of confidential stenographer and secretary to the under sheriff at salaries of $1,200 and $1,500, respectively, and raises the salary of three cooks from $300 to $480 each, and of one laundress from $250 to $360. It is absurd that the Legislature should be called upon to deal with matters of this sort. The propriety of creating such positions and making such increases should be determined by the local authorities under an appropriate amendment of the charter. (Signed) CHARLES E. HUGHES Vetoes 67 Concerning the Davenport, Middleburgh & Durham Railroad Company State of New York — Executive Chamber Albany, April 24, 1907 To the Senate: I return herewith, without my approval, Senate bill No. 576, entitled "An act to amend chapter one hundred and nine of the laws of eighteen hundred and ninety-seven, entitled An act to extend the time for the Davenport, Middle- burgh and Durham railroad company to begin the con- struction of its road and expend thereon ten per centum of its capital and finish and put the same in operation,' as amended by chapter one hundred and forty-one of the laws of nineteen hundred and two, by further ex- tension of time." The Davenport, Middleburgh & Durham Railroad Com- pany was incorporated in 1892. Under the Railroad Law it was required to begin the construction of its road and expend thereon 10 per cent, of the amount of its capital within five years and to complete the road within ten years. During the first five years, apart from the making of surveys and the required maps and profiles and the execution of certain agree- ments, apparently nothing was accomplished. In 1897 its time to begin construction was extended until 1902, and the time for completion until 1907. Again, in 1902, the Legislature further extended the time to begin construction until 1907, and the time for completion until 1912. But con- struction has not yet been commenced. A third extension is now provided for by this bill. The franchise to be a railroad corporation and to construct and operate a railroad is hot to be regarded as a bounty con- ferred without reciprocal obligations, but is permitted in view of a supposed public interest and upon the condition that the 68 Public Papers of Governor Hughes railroad shall be begun and completed within the prescribed time. This is an important policy and it should not be nulli- fied by the grant of extensions unless exceptional circum- stances furnish a sufficient reason for giving further time to meet the conditions upon which the franchise was bestowed. There are no such circumstances in this case. If the railroad was to be built at all, as projected, there would seem to be no reason why construction should not have been begun and the required 10 per cent, expended within the past fifteen years. There is likely always to be some hardship in the forfeiture of a charter, but the public interests require that the policy reflected in the statute should be maintained. (Signed) CHARLES E. HUGHES Releasing the Interest of the State in Certain Lands to Cora Fehling State of New York — Executive Chamber Albany, April 26, 1907 To the Senate: I return herewith, without my approval, Senate bill No. 60, entitled "An act to release to Cora Fehljng all the right, title and interest of the people of the state of New York in and to certain real estate situated in the second ward of the borough of Queens, county of Queens, the city and state of New York, acquired by escheat upon the death of Martin N. Connolly." The Public Lands Law provides a method by which petition may be made to the Commissioners of the Land Office for the release of lands which have escheated to the State. The commissioners are authorized to execute a conveyance to the petitioner upon such terms and conditions as the commission- ers may deem just. If any improvement in the statutory Vetoes 69 scheme can be suggested, suitable amendment may be made. But the method provided by the general law should be re- sorted to, and special legislation in the interest of particular claimants should be discouraged. (Signed) CHARLES E. HUGHES In Regard to Sparring Exhibitions State of New York — ■ Executive Chamber Albany, April 29, 1907 To the Senate : I return herewith, without my approval, Senate bill No. 784, entitled "An act to amend section four hundred, and fifty- eight of the penal code relating to crimes against the public peace." This section of the Penal Code, in addition to the prohibition of prize fighting, prohibits public or private sparring exhi- bitions, with or without gloves, at which an admission fee is charged or received, either directly or indirectly. Prior to 1900 the section contained a proviso as follows : " Provided, however, that sparring exhibitions with gloves of not less than five ounces each in weight may be held by a domestic incorporated athletic association in a building leased by it for athletic purposes only for at least one year, or in a building owned and occupied by such association." The Legislature in 1900 struck out this proviso. The amendment proposed by this bill would add a proviso as follows : " Provided, however, that sparring exhibitions with gloves of not less than eight ounces each in weight may be held by the Metropolitan Association of the Amateur Ath- letic Union of the United States, when such exhibitions are between registered amateurs and each exhibition between any 70 Public Papers of Governor Hughes two such amateurs does not continue for more than fifteen minutes within any consecutive twenty-four hours between the same two contestants and are for medals or prizes other than money, which are permitted by the rules of the Amateur Athletic Union." It will be observed that the section as it now stands does not prohibit sparring exhibitions for the purpose of pure sport. It prohibits such exhibitions when an admission fee is charged or received. This restriction has been maintained in the public interest, as it does not interfere wjth the sport itself, but has been found to furnish practicable means for preventing the abuses that creep in when such exhibitions are given for the purpose of gain. It was found necessary to strike out the original proviso in favor of incorporated athletic associations because of the evils which resulted, notwithstanding the conditions imposed. The present amendment allows such exhibitions where an admis- sion fee is charged under the auspices of the Metropolitan Association of the Amateur Athletic Union. But however laudable the purposes of this association, it is still a private association; and it is not easy to sustain a distinction which would give it an exclusive privilege. Other associations, either now existing or hereafter formed, might well claim to be put upon the same footing. In my judgment this is a step in the wrong direction. The bill is not necessary to support a wholesome interest in boxing as a sport. There is no reason why amateur athletic associa- tions should not encourage it and why lovers of the sport should not engage in it under suitable conditions. This they can do without charging an admission fee for exhibitions. The wise policy of the State to prevent the excesses which are certain to result if the sport is artificially stimulated by per- mitting pay exhibitions should be adhered to. The act re- pealing the original proviso was approved by Governor Roose- velt, and the act proposing a new proviso very similar to the one now proposed was vetoed by Governor Higgins. (Signed) CHARLES E. HUGHES Vetoes 71 In Relation to Publishing a List of Exempt Property State of New York — Executive Chamber Albany, May 1, 1907 To the Assembly: I return herewith, without my approval, Assembly bill No. 1896, entitled "An act to amend the tax law, in relation to real property exempt by law from taxation, and the pub- lishing of a list of such exempt property." The act which it is proposed to amend provides, among other things, for the publication of tabulated statements of exempt property in cities in official paper or papers thereof at least once a week for three successive weeks. The proposed amendment provides for the publication of the tabulated statements of exempt property in each county outside a city or cities at least once a week for three successive weeks in two newspapers published in such county designated- by the boards of supervisors to publish the session laws. I do not see how any public benefit would accrue from this pub- lication, which would justify the additional public expense occasioned thereby. The lists of exempt property are readily accessible and public policy does not require their publication in the newspapers. (Signed) CHARLES E. HUGHES 72 Public Papers of Governor Hughes In Relation to Fishing in Big Sandy Pond State of New York — Executive Chamber Albany, May 4, 1907 To the Senate : I return herewith, without my approval, Senate bill No. 1075, entitled "An act to amend the forest, fish and game law, in relation to set lines and tip-ups on Big Sandy pond in Oswego county and in Chenango county." The amendment as drawn, so far as it relates to Chenango county, is plainly inaccurate, and for this reason is opposed by the Forest, Fish and Game Commissioner. (Signed) CHARLES E. HUGHES Authorizing the City of Cohoes to Borrow Money State of New York — Executive Chamber Albany, May 13, 1907 To the Senate : I return herewith, without my approval, Senate bill No. 949, entitled "An act to authorize the city of Cohoes to borrow money therefor and to construct a bridge over the first branch of the Mohawk river, at Ontario street in said city." This bill, in my judgment, is in violation of section 18 of article 3 of the Constitution. (Signed) CHARLES E. HUGHES Vetoes 73 In Relation to Certain Salaries in the Court of General Sessions of the Peace of New York County State of New York — Executive Chamber Albany, May 13, 1907 To the Assembly : I herewith return, without my approval, Assembly bill No. 772, entitled "An act to amend chapter four hundred and ten of the laws of eighteen hundred and eighty-two, enti- tled 'An act to consolidate into one act and to declare the special and local laws affecting the public inter- ests in the city of New Yoifc' in relation to the sala- ries of the record clerks and court attendants of the court of general session of the peace in and for the county of New York." The bill proposes to increase the salaries of the record clerks and court attendants of the Court of General Sessions in New York county. This is a matter which should be dealt with by the local authorities. (Signed) CHARLES E. HUGHES In Relation to the Site of the Madison County Buildings State of New York — Executive^ Chamber Albany, May 23, 1907 To the Assembly : I return herewith, without my approval,. Assembly bill No. 1296 (Senate Reprint No. 1348), entitled 74 Public Papers of Governor Hughes "An act prohibiting the board of supervisors of the county of Madison from changing the site and loca- tion of the Madison county buildings and offices when the site and location of the same shall be desig- nated and approved by a majority of the electors of said county." This bill provides that whenever hereafter a majority of the electors of Madison county shall vote in favor of the re- moval of the Madison county buildings and Madison county offices to any site or location, the board of supervisors shall not change the said site or location. In other words, the Legislature by special act fixes the location at the place designated by the electors and the matter is removed from the operation of the general law relating thereto. This in my judgment is a violation of the intent of sec- tion 18 of article 3 of the Constitution, which provides that the Legislature shall not pass a local bill locating a county seat. If the Legislature cannot by special law directly locate a county seat, it would seem that it cannot by special law pro- vide that the electors shall locate a county seat and make their location final. (Signed) CHARLES E. HUGHES Amending the Tenement=House Act State of New York — Executive Chamber Albany, May 29, 1907 To the Assembly: I return herewith, without my approval, Assembly bill No. 2677, entitled "An act to amend the tenement-house act, in rela- tion to buildings of a certain character." Vetoes 75 This bill, despite its more general form, is intended to ex- cept a particular building from the operation of the Tene- ment-House Act. The case is one of peculiar hardship to the present owners of the building. There seems to be no question, however, that those who were directly concerned with its construction proceeded with full knowledge of the provisions of the Tenement-House Act and deliberately planned to disregard them. There is no justification for '.his measure unless it is proposed to establish the principle that the Tenement-House Act will not be enforced against innocent purchasers. (Signed) CHARLES E. HUGHES Fixing the Salaries of Members of the Supervising and Teaching Staff of Public Schools of the City of New York State of New York — Executive Chamber Albany, May 29, 1907 To the Senate : I return herewith, without my approval, Senate bill No. 1 218, entitled "An act to amend the Greater New York charter, in relation to the fixing of the salaries of members of the supervising and teaching staff of the public schools of the city of New York." The board of education of the city of New York consists of forty-six members, appointed by the mayor for terms of five years respectively. They are excepted from the general provisions of the charter authorizing the mayor to remove public officers, holding by appointment from him, whenever in his judgment the public interest shall so require, and are removable only upon sustained charges. While styled the y6 Public Papers of Governor Hughes head of an administrative department, the board of educa- tion, by the terms of the charter, possesses the powers and privileges of a corporation. As such it sues and may be sued. It has " the management and control of the public schools and of the public school system of the city, subject only to the general statutes of the State relating to public schools and public school instruction and to the provisions " of the charter. It has power to establish schools, to appoint administrative officers, principals, heads of departments, and teachers, and to adopt by-laws and regulations for the proper execution of its duties. It also has the power to fix the salaries of all mem- bers of the supervising and the teaching staff, subject to the provision that there shall be established a uniform schedule providing for an equal annual increment and that the salaries, and annual increments, paid to men and women respectively, shall not be less than specified amounts. The board of education annually submits to the board of etstimate and apportionment an estimate of the moneys needed for the entire school system during the next succeed- ing year and the "board of estimate and apportionment is required to appropriate for the general school fund an amount not less than three mills on every dollar of assessed valuation of the real and personal estate in the city of New York liable to taxation. The board of education administers all moneys so appropriated subject to the general provisions of the charter relating to the audit and payment of salaries and other claims by the department of finance, and in case the amount ap- propriated exceeds the amount needed the surplus becomes part of the general school fund for the following year. Apart from the power of the mayor to appoint and remove as stated, and the duty of the city to supply the funds re- quired, the board of education exercises its powers inde- pendently. It is not subject to control by the city authorities. There is no contract or official relation between the teachers and the city. The city cannot be sued upon the contracts made by the board. This results, as the Court of Appeals has said, from " the settled policy of the State from an early date, Vetoes tj to divorce the business of public education from all other municipal interests or business," and from the creation of the board of education as a corporate body " to conduct a system of public education in a designated division of the State and manage and control the schools therein." {Gunnison v. Board of Education, 176 N. Y., on p. 16, 17.) The board of education is thus directly subject to the con- trol of the Legislature, and whatever provisions may be found necessary or wise for the purpose of defining its powers or prescribing its policy must be prescribed by the Legislature. No other authority is competent to make such provision. But while the Legislature has power to deal with every phase of the matter, the course which experience approves is that certain general principles of action should be laid down and that within these principles freedom with reference to details of management should be left to the subordinate body acting with peculiar knowledge of local conditions." When the soTcalled Davis Law was passed in 1899 it was thought important to the educational interests of the city that certain minimum salaries for teachers should be prescribed, as well as minimum annual increments, presumably to improve the service. In these prescribed minima wide differences appear between the amounts payable to men and to women. These control the board of education only as minimum require- ments, but the practice has been to pay women less than men and under the by-laws adopted by the board glaring inequalities now exist. . The motive of the present bill is to compel equal pay. for men and women holding the same positions under any par- ticular schedule of salaries. The provisions of the bill relating to classification, schedules and the raising of additional funds by taxation turn upon this central requirement and are for the purpose of giving it effect. And inasmuch as the question is one of general principle it is claimed that it is a requirement proper to be established by the Legislature in laying down the rules under which the board of education shall exercise its powers. Now, without taking up the alleged ambiguities of the bill, 78 Public Papers of Governor Hughes it clearly appears, with respect to this fundamental matter, to be open to serious objection. It is proposed by legislative enactment to establish the proposition that for the work of a given position women shall receive equal pay with men. It is for this principle that the supporters of the bill contend and not for mere increased pay. The gross inequalities which have been permitted by the board of education, and which clearly should not be continued, are pointed to for the purpose of emphasizing the principle in question. The proposition as it is put — " equal pay for equal work " — is an attractive one and set forth on behalf of the worthy public servants who are engaged in this important calling it has elicited a large measure of support while at the same time it has provoked vigorous opposition from those who believe that the desired legislation would be unfortunate both for the schools and the women teachers. But it is manifest that the principle is one of general ap- plication and it should not be adopted by the State unless the State is prepared to apply it generally. The question is necessarily one of State policy and as such it should be presented and debated before action is taken. There is no reason why the principle should be applied to teachers in New York and not to those in Albany, Syra- cuse, Rochester, Buffalo and elsewhere in the State. Nor is there any reason why it should be limited to school teaching. If sound, it should be applied in our State hos- pital service, in our charitable and reformatory institutions, and generally through the civil service of the State. It is indefensible that a principle of grave importance to the State as a whole should be established in connection with a local measure inviting only the consideration which as such it receives. The consideration of such a matter should be under circumstances directing the attention of every member of the Legislature to its importance with reference to his own constituency and to the State at large and not upon the assumption that it is a question of purely local concern. Vetoes 79 What local authorities or subordinate boards may do within the limits of their discretion, while locally important, is a very different matter from the establishment by legis- lation of a principle of action which has no appropriate local limitation. By acting in such matters through local bills, the State finds itself committed to a course which as State policy has never received thorough consideration. For this reason I cannot approve this bill. The matter should be left to the board of education to be dealt with locally as may seem best, unless the Legislature is prepared to lay down the general principle for the entire State and the entire public service. (Signed) CHARLES E. HUGHES Amending the Legislative Law Generally State of New York — Executive Chamber Albany, June 1, 1907 To the Assembly: I return herewith, without my approval, Assembly bill No. 2592 (Senate Reprint No. 1569), entitled "An act to amend the legislative law, generally." In its main features this seems to be a proper bill. I return it that suitable correction may be made in the twelfth sec- tion so as to avoid unnecessary payment of those of the officers mentioned whose attendance prior to the opening of the session may not be needed. (Signed) CHARLES E. HUGHES 80 Public Papers of Governor Hughes Increasing the Salaries of Deputy Clerks and Record Clerks of the Court of General Sessions in New York County State of New York — Executive Chamber r Albany, June 4, 1907. To the Assembly: I return herewith, without my approval, Assembly bill No. 1595, entitled "An act to amend chapter four hundred and ten of the laws of eighteen hundred and eighty-two, en- titled 'An act to consolidate into one act and to de- clare the special and local laws affecting public in- terests in the city of New York,' relating to the com- pensation of the deputy clerks, assistant clerk, record clerks, and attendants of the court of general ses- sions of the peace in' and for the county of New York." This bill proposes to increase the salaries of the deputy clerks and record clerks of the Court of General Sessions in New York county. The matter is one which should be dealt with by the local authorities. (Signed) CHARLES E. HUGHES Vetoes 8i For the Relief of the Corning, Keuka Lake & Ontario Railway Company State of New York — Executive Chamber Albany, June 4, 1907 To the Senate : I return herewith, without my approval, Senate bill No. 1562, entitled "An act in relation to the construction of certain railroads where the property and franchises of the corporation organized to construct the same have been sold under foreclosure proceedings. This bill is designed for the relief of the Cofning, Keuka Lake & Ontario Railway Company, and is frankly urged a^ such. The Corning, Keuka Lake & Ontario Railway Com- pany was formed in 1905 to acquire the property and franchises of the Sodus Bay & Corning Railroad Company which had been sold under foreclosure. The latter com- pany was incorporated in 1870 under the name of the Sodus Bay, Corning & New York Railroad Company. Neither that company nor the purchaser Of its property and fran- chises completed the railroad and put it in operation within the time prescribed by law. The present bill necessarily proceeds upon the assumption that the right to construct a railroad under the original franchise was thereby lost; otherwise the bill would seem to be unnecessary. The Constitution (article 3, section 18) provides that no private or local bill shall be passed granting to any cor- poration the right to lay down railroad tracks. If this bill were directly phrased as a bill entitling the Corning, Keuka Lake & Ontario Railroad Company to build its road, it would be obviously unconstitutional. But, although the purpose is the same, the bill is drawn in general form and is hedged about with many provisions which limit its ap- plication to the road mentioned. Thus the bill only applies 82 Public Papers of Governor Hughes to a case where property and franchises of a railroad in- corporated before 1875 had been sold within ten years after its incorporation under foreclosure, where upwards of $200,- 000 had been expended in connection with construction and the road had been aided by town bonds, where the road is not a street railroad, is not more than 100 miles in length and is not in a city of the first or second class, where the road had not been finished within ten years, and where within two years prior to 1907 a new corporation had been formed to acquire the property and franchises. This is the method employed to describe the Corning, Keuka Lake & Ontario Railway Company. I am clearly of the opinion that such an evasion of the constitutional requirement should not be sanctioned. The charter of the company has been validated by a special act appropriate for that purpose, and if under the original franchise it is, or, under the general law it becomes, entitled to construct its road, there is nothing to prevent the prosecution of its plans. But however important the pro- ject may be, it should not be furthered by legislation which does not take proper account of constitutional limitations. (Signed) CHARLES E. HUGHES Conferring Certain Jurisdiction upon the Board of Super- visors of Erie County State of New York — Executive Chamber Albany, June 4, 1907 To the Assembly: I return herewith, without my approval, Assembly bill No. 1761, entitled "An act to confer jurisdiction upon the board of supervisors of Erie county to hear, audit, determine and provide for the payment of the alleged claim of the Ryan, Danahy and Ryan company." Vetoes 83 A similar bill empowering the board of estimate and ap- portionment of the city of New York to inquire into the justice of a particular claim has been disapproved. This was upon the ground that in the place of special legislation suitable general provision should be made for inquiry into claims of an equitable character which have failed of legal effect on account of some technical noncompliance with the law. The same policy should apply to claims in Erie county. (Signed) CHARLES E. HUGHES Relative to the Appointment of Assistant District Attorneys State of New York — Executive Chamber' Albany, June 8, 1907 To the Senate : I return herewith, without my approval, Senate bill No. 1624, entitled "An act to amend the county law, relative to the appointment, duties and salaries of the assistant dis- trict attorneys of certain counties." . This bill amends the County Law so as to provide for the appointment of additional assistant district attorneys in the counties of Erie, Queens and Richmond. By section 202 of the County Law in any county having more than 65,000 inhabitants according to the last preceding Federal or State enumeration, the district attorney, when authorized by the board of supervisors, may appoint an as- sistant. The next section makes special provision for the appointment of assistant district attorneys in Erie, Monroe, Onondaga, Rensselaer and Westchester. The present bill amends the provision as to Erie county and makes special provision for assistant district attorneys in Richmond and Queens counties. 84 Public Papers of Governor Hughes The amendment as to Erie county provides that the dis- trict attorney may appoint such number of assistants as shall be fixed by the board of supervisors. This is in accordance with the policy of the general provision of section 202 of the County Law. This provision as to Erie county has also been embodied in a separate bill which has become a law. So far as Richmond county is concerned, the object of the present bill seems to be to give the district attorney the power to appoint irrespective of the authorization of the local authorities. The powers of the board of supervisors to authorize the appointment of an assistant under the County Law have been devolved, pursuant to the Constitu- tion and the Greater New York Charter, upon the board of aldermen. The charter also provides that the salaries of officers of the counties included within the city of New York, unless otherwise provided by law, shall be fixed by the board of aldermen, upon the recommendation of the board of estimate and apportionment. There seems to be ample provision in the present law for the appointment of an assistant district attorney in Richmond county if in the judgment of the local authorities such appointment is needed. Apart from this, there is no such evidence of this necessity as would warrant me in approving this bill. The present bill also provides that the district attorney of Queens county may appoint two assistants, and two deputy assistants. I have come to the conclusion that it is not sound policy to provide for such matters by additional special provisions in the County Law making the consent of the local authorities unnecessary. The preferable course would be to amend the general provision of section 202 of the County Law so as to provide for the appointment of additional assistants if the local authorities approve. (Signed) CHARLES E. HUGHES Vetoes 85 Providing for Additional City Magistrates and Other Appointments in the Second Division of the City of New York State of New York — Executive Chamber Albany, June 8, 1907 To the Senate : I return herewith, without my approval, Senate bill No. 1 149 (Assembly Reprint No. 2549), entitled "An act to amend the Greater New York charter by providing for additional city magistrates, and for additional police clerks, assistant clerks, stenographers and interpreters for city magistrates' courts, in the second division of the city of New York." This bill provides for six additional city magistrates in the second division of the city of New York, four to be appointed from the borough of Brooklyn and two from the borough of Queens. It also provides for the appointment in the second division of six additional police clerks, four additional stenographers and four additional interpreters. It prescribes that the magistrates' courts shall be open from 9 a. m. to 4 p. m., and that in specified districts there shall be morning and afternoon sessions during which a city magistrate shall be in attendance. While it is important to increase the efficiency of the magistrates' courts, and to this end it may be desirable to make specific provision for the number and duration of sessions, the increase of the number of magistrates and clerks proposed by this bill in my judgment is unwarranted. Whatever may be said of the desirability of additional magistrates in the borough of Queens, there is no sufficient reason for an increase of four magistrates in the borough of Brooklyn. Until very recently there were eight magis- trates in the latter borough. The charter amendment of 1901 provided for ten magistrates. The Court of Appeals 86 Public Papers of Governor Hughes held the provision for their election to be unconstitutional. The borough remained with eight magistrates until the fall of 1906, when two additional magistrates were appointed. Despite this recent increase in the actual force under exist- ing law, it is now proposed to raise the number to fourteen. I do not believe that such an increase can be justified or that there is foundation for the claim that it is needed in order to put the magistrates' courts of Brooklyn upon a proper basis of efficiency. There is no such exigency as would warrant me in giving approval to this bill. (Signed) CHARLES E. HUGHES Increasing the Number of Coroner's Physicians in the Borough of Brooklyn, New York State of New York — Executive Chamber Albany, June 8, 1907. To the Assembly: I return herewith, without my approval, Assembly bill No. 1727 (Senate Reprint No. 1413), entitled "An act to amend the Greater New York charter, relating to the office of coroner." This bill amends the law so as to increase the number of coroner's physicians in Brooklyn. If the law is to be amended at all it should provide that the number of coroner's physicians within the Greater New York should be fixed by the local authorities. (Signed) CHARLES E. HUGHES Vetoes 87 In Relation to an Investigation of Expenditures of Counties V State of New York — Executive Chamber Albany, June 10, 1907 To the Senate: I return herewith, without my approval, Senate bill Nc. 1430, entitled "An act to amend the general municipal law, in rela- tion to the investigation of expenditures of counties." The General Municipal Law nqw provides for summary in- vestigations by a justice of the Supreme Court into the finan- cial affairs of towns and villages upon the application of twenty-five freeholders. The present bill proposes to extend the provision so as to include counties. This extension does not seem to me advisable. The policy of the existing law is well adapted to small political units, but is not suited to the counties of the State, particularly to the larger counties whose financial affairs are much more ex- tensive than those of towns and villages. In these cases the provisions of the law with reference \o taxpayers' actions for the purpose of preventing waste of public moneys or illegal action on the part of public officials and to enforce restitution affords an adequate and more suitable remedy. (Signed) CHARLES E. HUGHES 88 Public Papers of Governor Hughes Providing for a Maximum Railway Passenger Fare, with Certain Exceptions, of Two Cents per Mile State of New York — Executive Chamber Albany, June n, 1907 To the Assembly: I return herewith, without my approval, Assembly bill No. 2269, entitled "An act to amend the railroad law, in relation to rates of fare." This bill, with specified exceptions, provides for a maximum passenger fare of two cents per mile upon the railroads in this State. Steam railroads less than 150 miles in length which are not within the counties of New York and Kings (or within the limits of an incorporated city) are permitted a higher maximum charge of three, four and five cents a mile according to length of line, unless through consolidation, lease or control they form part of a system whose combined lines exceed 150 miles, in which case the provision for a maximum rate of two cents a mile is applicable. The passage of the bill was not preceded by legislative in- vestigation or suitable inquiry under the authority of the State. Nor is the fixing of this rate predicated on reports or statistics officially collated which would permit a fair con- clusion as to the justice of its operation with reference to the railroads within its purview. It plainly reflects dissatisfaction with existing conditions and an effort to provide a remedy through arbitrary action. It seems largely to have been the result of annoying requirements and discriminations in con- nection with the sale of mileage books on certain roads. The bill represents a policy seriously mistaken and pregnant with disaster. It is of the utmost importance that the management of our railroad corporations should be subject to strict supervision by the State and that regulations com- pelling the observance of the law and proper and adequate Vetoes 89 service should be rigidly enforced. It is the duty of these corporations to provide transportation of passengers and goods at reasonable rates, and the State- should compel the perform- ance of this obligation. * But injustice on the part of railroad corporations toward the public does not justify injustice on the part of the State toward the railroad corporations. The action of government should be fair and impartial, and upon this every citizen, what- ever his interest, is entitled to insist. We shall make matters not better but worse if to cure one wrong we establish another. The fact that those in control of railroad corporations have been guilty of grossly improper financiering and of illegal and injurious discriminations in charges points clearly to the neces- sity of effective State action, but does not require or warrant arbitrary reprisals. In dealing with these questions democ- racy must demonstrate its capacity to act upon deliberation and to deal justly. It is of the greatest importance not only that railroad cor- porations should be compelled to respect their public obliga- tions, but also that they should be permitted to operate under conditions which will give a fair return for their service. Upon this depends not simply the security of investors, but the security of their employees and the protection of every form of industry and commerce through the maintenance and extension of necessary transportation facilities. Nothing could be more opposed to the interests of the community as a whole than to cripple transportation corporations by arbitrary re- duction of earnings. It may be said that a two-cent passenger rate is riot so extreme as to have a very injurious result. But this is a debatable question. Large and prosperous suburban communities have been built up through the offer of commu- tation rates much less than the proposed maximum. Upon the maintenance of these rates many thousands of our citizens rely. Considerable differences exist between the railroad cor- porations with respect to the territory they serve and the cost of service, and it is manifest that what would be fair for one might be far from fair .for another. An arbitrary dislocation of tariffs by the fiat of the Legislature without investigation 90 Public Papers of Governor Hughes is a matter of serious concern. The best that could be said for such legislation would be that it should be regarded as an isolated case and not as a precedent. For if flat freight rates, either for all commodities or for different kinds of commodities, were similarly to be fixed by the Legislature without investigation or proper ascertainment of their justice, our railroad business and our industrial and commercial inter- ests would be thrown into confusion. I do not mean to be understood as saying that a maximum two-cent passenger rate would be unreasonably low. It might be high enough in many cases. Possibly it would be high enough in all cases. I fully appreciate the fact that those who have promoted this bill believe that such a rate would be fair. But I deem it most important that the policy of dealing with matters of this sort arbitrarily, by legislative rule of general application without reference to the demands of jus- tice in particular cases, should be condemned. Every work- ingman, every tradesman, and every citizen believing himself to have aught at stake in the prosperity of the country, should determinedly oppose it. For it not only threatens the stability of business enterprise which makes our prosperity possible, but it substitutes unreason for sound judgment, the ill-con- sidered demands of resentment for the spirit of fair play, and makes impossible patient and honorable effort to correct abuses. There is a better way. It has already been pointed out in the legislation of this State. It is practically impossible in view of the nature of the problems and the many questions requiring consideration for the Legislature to deal directly with railroad rates in a satisfactory manner. Where a matter requires investigation in order that a just result may be reached, the obvious course is to create a body which can in- vestigate, with expert assistance, as summarily as possible, and which shall have adequate power to make appropriate orders. Such a body has been created in this State through the Public Service Commissions Law recently enacted. Vetoes 91 Provision is made for inquiry into matters of freight rates and passenger fares and for the fixing of such rates as shall be found just and reasonable. If a passenger rate of two cents a mile is just and reasonable it can be fixed. If it is nt>t just and reasonable it should not be fixed. It will be said that this requires time and investigation. But it will not require any longer time or any more protracted in- vestigation than are necessary to reach a right result. The interests of the country are so great and our individual inter- ests are so closely interwoven that it is to the highest degree dangerous to give encouragement to the spirit of impatience with the orderly processes of inquiry. It may also be said that many other States have adopted similar legislation. If the principle of that legislation be sound we could readily follow the precedent; but if it be un- sound there is the greater reason why it should not be fol- lowed. The State of New York has provided machinery to settle these questions justly to all with as much despatch a c possible. It is to the interest of all that this machinery should be made as perfect and efficient as possible. It is to the interest of none that it should be discarded because of preference for arbitrary legislative action. If this bill were to become a law it would most probably lead in many cases — on account of pretended or real neces- sity — to economies in service and to readjustment of rates now lower, to the annoyance and injury of considerable num- bers of the traveling public for which the gain to others would not necessarily compensate. Again, the validity of such a statute would almost certainly be contested in protracted liti- gation, the result of which, to say the least, would be in doubt. At a critical time when the interests of all demand that reason and judgment should control in dealing with such matters, we should have abandoned our true line of action and facilitated still wider departures. I therefore disapprove this bill. (Signed) CHARLES E. HUGHES 92 Public Papers of Governor Hughes In Relation to the Compensation of Supervisors State of New York — Executive Chamber Albany, June n, 1907 To the Assembly: I return herewith, without my approval, Assembly bill No. 1907 (Senate Reprint No. 1382), entitled "An act to amend the county law, in relation to the compensation of supervisors." This bill conflicts with another bill, passed at this session, amending the same section of the County Law. (Signed) CHARLES E. HUGHES Amending the Act in Relation to the South Side Boule* vard of Staten Island State of New York — Executive Chamber Albany, June 13, 1907 To the Assembly : I return herewith, without my approval, Assembly bill No. 2197, entitled "An act to amend chapter one hundred and ninety of the laws of eighteen hundred and seventy-eight, en- titled 'An act to' protect the sea side boulevard and meadows adjacent thereto on the south shore of Staten Island, and to prevent the same from being injured or overflowed by the waters of the bay of New York,' in relation to the removal of sand, earth or clay." The present law prohibits the removal of sand, earth or clay from the beach on the south shore of Staten Island oppo- site or contiguous to the Sea Side boulevard described. This bill qualifies the prohibition by inserting the words " above Vetoes 93 low water mark." If the purpose of this change is to enable owners of land under water to remove sand, earth or clay from places within the limits of their own grants, the bill should so state. I cannot approve it in its present form*. (Signed) CHARLES E. HUGHES Relative to Warrants Issued by Police Justices of Second Class Cities State of New York — Executive Chamber Albany, June 15, 1907 To the Assembly : I return herewith, without my approval, Assembly bill No. 2500, entitled "An act to amend the code of criminal procedure, relative to warrant issued by certain judicial officers." This bill amends the law so as to provide that a warrant issued by a " police justice of a city of the second class " may be directed to any peace officer in the State and need not be indorsed, as at present required, by a magistrate of another county within which it is to be executed. I do not approve the policy of this bill; and furthermore, if police justices are to have this power, there is no reason why it should be limited to police justices of cities of the second clcLSS (Signed) CHARLES E. HUGHES 94 Public Papers of Governor Hughes Providing for Additional Brakemen for Freight Trains State of New York — Executive Chamber Albany, June 15, 1907 To the Assembly : I return herewith, without my approval, Assembly bill No. 455 (Senate Reprint No. .1338), entitled "An act to better protect the lives of railroad em- ployees." This bill provides that it shall be unlawful for any railroad company in the State of New York " that runs more than four freight trains in twenty-four hours," to run over any part of its road outside of yard limits any freight train com- posed of more than twenty cars with less than a full crew of six persons, to wit, one engineer, one fireman, one conductor and three brakeman ; or a light engine without cars without a crew composed of one engineer, one fireman, one conductor or flagman, when running a distance of ten miles or more from starting point. According to present practice, freight trains are very gener- ally operated with a crew of five persons, and the abject of this bill is to compel the employment of an additional brake- man. The necessity for this is said to lie in the fact that without three brakemen the freight trains are insufficiently manned, and that firemen are compelled to leave their places in all kinds of weather to throw switches when the two brake- men are required respectively to go ahead of and behind the train. This bill, however, upon the facts developed before me upon the hearing and undisputed, is clearly unconstitutional. Such a measure should define the service required with suit- able reference to circumstances and conditions so that the law would apply in proper cases and not otherwise. The bill takes no account of the differences between the different roads and parts of roads, in trackage and switching facilities, and of the Vetoes 95 fact that what may be necessary in the case of some railroads may be wholly unnecessary in others. In the case of the New York Central railroad it was shown that the trackage and switching facilities on its main lines were of such a character as to make unnecessary the employment of a third brakeman in accordance with the provisions of the bill. This was frankly conceded by supporters of the bill. To require the expenditure of a very large amount of money (estimated at several hundred thousand dollars annually), without necessity for the outlay, is simply arbitrary exaction and a taking of property without due process of law. The bill does not refer its requirements to any proper standard of necessity or provide any criterion by which its proper appli- cation under varying conditions is to be determined. It con- tains an absolute requirement which, upon the facts conceded before me, cannot be justified. (Signed) CHARLES E. HUGHES In Relation to the Liability of the City of Watertown for Injuries to Persons or Property State of New York — Executive Chamber Albany, June 17, 1907 To the Assembly : I return herewith, without my approval, Assembly bill No. 2302 (Senate Reprint No. 1489), entitled "An- act to amend chapter seven hundred and sixty of the laws of eighteen hundred and ninety-seven, en- titled 'An act to revise the charter of the city of Water- town,' in relation to the liability of the city." This bill, among other things, provides that the city of Watertown shall not be liable for injuries to person or prop- erty in consequence of the defective character of any street, highway, bridge or culvert unless it appears that actual notice 96 Public Papers of Governor Hughes of the dangerous condition of the same was given to the board of public works or a member thereof at least forty-eight hours prior to the injury. The existing law sufficiently protects municipalities against recovery for defects in highways which cannot be discovered by the authorities through the exercise of proper diligence. There is no sound reason for the stringent provisions of this bill. Special considerations, in view of climatic conditions, may justify the requirement of actual notice with reference to snow and ice. But as to defects in streets, bridges, culverts, etc., the plaintiff should not be deprived of his rights where he did not know the existence of the defect before the injury was sustained, nor should his rights be dependent upon the action or inaction of other members of the community with whom he has no concern. Requirements as to the giving of notice of claim after injury occurs, and statutes of limitation, are of a different character. (Signed) CHARLES E. HUGHES In Relation to an Appellate Term of the Supreme Court in Certain Boroughs of the City of New York 1 State of New York — Executive Chamber Albany, June 17, 1907 To the Assembly : I return herewith, without my approval, Assembly bill No. 1219, entitled "An act to amend the code of civil procedure, in relation to an appellate term of the supreme court in certain boroughs of the city of New York." This bill attempts to curtail the constitutional powers of justices of the Supreme Court and of the Appellate Division. (Signed) CHARLES E. HUGHES Vetoes 97 Increasing an Allowance for the Jailor of Richmond County State of New York — Executive Chambkr Albany, June 17, 1907 To the Assembly: I return herewith, without my approval, Assembly bill No. 678, entitled "An act to amend chapter three hundred and ninety-two of the laws of eighteen hundred and ninety-six, entitled 'An act to regulate the commit- ment and discharge of certain prisoners, tramps and vagrants in Richmond county, and to prescribe the effect thereof, to provide for the support of the prisoners in the jail in the county of Richmond, and to fix the duties and compensation of the sheriff of said county and of certain employees in the jail of said county,' in relation to salary of jailor." This bill increases the allowance for the jailor of Rich- mond county from $900 to $1,800 a year. The compensation of the jailor should be fixed by the local authorities, and if the law be amended it should so provide. (Signed) CHARLES E. HUGHES Relative to the Compensation of Deputy Sheriffs and Constables of Richmond County State of New York — Executive Chamber Albany, June 17, 1907 To the Assembly: I return herewith, without my approval, Assembly bill No. 1375 (Senate Reprint No. 901), entitled 4 98 Public Papers of Governor Hughes "An act to amend the code of civil procedure, rela- tive to the compensation of deputy sheriffs and con- stables attending courts in Richmond county." This is a matter which should be dealt with by the local authorities, and if the law be amended it should so provide. (Signed) CHARLES E. HUGHES Amending the Code of Civil Procedure Relative to the Statute of Limitations State of New York — Executive Chamber Albany, June 17, 1907 To the Senate: I return herewith, without my approval, Senate bill No. 1 198, Introductory No. 695, entitled "An act to amend section three hundred and eighty-two of the code of civil procedure, relative to the statute of limitations." This bill amends the Statute of Limitations so as to pro- vide in effect that an action to recover damages for fraud may be brought within six years after the fraud is dis- covered. This seems to me an inadvisable change. If it is well to make any change in the law which has existed for so many years, and to make the period of limitation run from the time of the discovery of the fraud instead of from the time of its commission, I should favor a shorter period of limitation than six years. I know of no good reason for such an extension as this bill provides. (Signed) CHARLES E. HUGHES Vetoes 99 Releasing to Sophie Demers the State's Interest in Real Estate Situated in Franklin County « State of New York — Executive Chamber Albany, June 17, 1907 To the Senate: I return herewith, without my approval, Senate bill No. 1032, Introductory No. 831, entitled "An act to release to Sophie Demers, widow of Joseph Demers, all the right, title and interest of the people of the state of New York in and to certain real estate situated in the town of Altamont, county of Franklin and state of New York acquired by escheat or otherwise on the death of said Joseph Demers." As pointed out in connection with Senate bill No. 60, heretofore disapproved, the Public Lands Law provides a method by which petition may be made to the Commis- sioners of the Land Office for the release of lands which have escheated to the State. Apparently the case sought to be provided for by this bill comes within the general law. If any extension of the general law is needed it may be supplied by amendment. (Signed) CHARLES E. HUGHES ioo Public Papers of Governor Hughes Providing a Special Scale of Fees for the Office of Register in Kings County State of New York — Executive Chamber Albany, June 17, 1907 To the Senate: I return herewith, without my approval, Senate bill, Printed No. 454, Introductory No. 400, entitled "An act to provide for the fees to be charged in the office of the register of the county of Kings." This bill provides a special scale of fees for the office of the register in Kings county. In several instances the rate is higher than that allowed by law in the register's office in New York county. If the law be amended a uniform scale of charges should be established for offices where the condi- tions are substantially the same. (Signed) CHARLES E. HUGHES Providing for the Pensioning of Mary Hedeman State of New York — Executive Chamber Albany, June 17, 1907 To the Assembly: I return herewith, without my approval, Assembly bill No. 248, entitled "An act to provide for the pensioning of Mary Hedeman, mother of patrolman William Hedeman, deceased." If the beneficiary of this bill was dependent upon the deceased, application for a pension may now be made under the general law as amended by chapter 445 of the Laws of 1907. (Signed) CHARLES E. HUGHES Vetoes ioi Amending the Greater New York Charter Relative to the Department of Health Pension Fund State of New York — Executive Chamber Albany, June 17, 1907 To the Senate: I return herewith, without my approval, Senate bill No. 1 1 30 (Assembly Reprint No. 2442), Introductory No; 893, entitled "An act to amend the Greater New York charter, relative to the department of health pension fund." This bill amends the law so as to bring " a widowed mother " within the class of beneficiaries of the health pen- sion fund. It is objectionable because it does not limit the right to a pension to one who was dependent upon the deceased for support. (Signed) CHARLES E. HUGHES Authorizing the Board of Estimate and Apportionment to Allow Certain Claims State of New York — Executive Chamber Albany, June 17, 1907 To the Senate : I return herewith, without my approval, Senate bill No. 286, Introductory No. 272, entitled "An act to authorize the board of estimate and ap- portionment of the city of New York, in its discre- tion, to examine, audit and allow the claims of James T. Ellett and Frank Miller, for compensation for services rendered as secretary and watchman, respectively, to the Richmond county park commis- sioners." 102 Public Papers of Governor Hughes For reasons stated in disapproving Senate bill No. 366, it seems to me unwise to pass special acts authorizing the board of estimate and apportionment to pass upon the merits of particular claims. A suitable general statute should provide such authority as may be needed to enable the board to deal with equitable claims against the city. (Signed) CHARLES E. HUGHES To Reimburse the Estate of Cornelius Holland for In- heritance Tax Illegally Collected State of New York — Executive Chamber Albany, June 17, 1907 To the Senate: I return herewith, without my approval, Senate bill No. 1734, Introductory No. 1149, entitled "An act to reimburse the estate of Cornelius Hol- land, deceased, for inheritance tax illegally col- lected." This bill directs the payment to the administrators of an estate of the amount of the transfer tax paid by executors under a will subsequently adjudged invalid. The Tax Law provides for a refund of a tax erroneously paid upon appli- cation within a specified time. If the case to which this bill related is not provided for by existing law, and its merits indicate the advisability of amending the law so as to include it and similar cases, the law should be so amended. In this way the general law will be made just, and unnecessary special legislation, of a partial character, will be avoided. (Signed) CHARLES E. HUGHES Vetoes 103 Amending the Liquor Tax Law in Relation to Places in Which the Traffic in Liquor Shall Not Be Permited State of New York — Executive Chamber Albany, June 21, 1907 To the Assembly : I return herewith, without my approval, Assembly bill No. 2290, entitled "An act to amend the liquor tax law, in relation to places in which the traffic in liquor shall not be permitted." The object of this bill is to except a particular hotel in the city of New York from the prohibition against trafficking in liquors at a place within 200 feet of a church. If the bill were special in form and merely excepted the hotel in question, it would be indefensible. Either the prohibi- tion should be repealed or it should operate impartially. Exceptions are defensible only as they relate to classes of cases which, upon some well-defined ground, are deemed to lie outside of the policy of the prohibition. If exceptions were to be allowed in individual cases for the various rea- sons which according to their character might be persua- sive, the law would speedily become a patchwork of favori- tism. The bill recognizes this principle, and the exception it proposes, despite the special application intended, is general in form. Its merit must be judged accordingly. It pro- vides that the prohibition is not to apply in case of a church if any portion of the church property attached thereto is occupied for business purposes, and if the business of keep- ing a hotel is to be carried on by the applicant for a liquor tax certificate. It is difficult to see why a hotel should be permitted within 200 feet of a church where part of the property attached thereto is used for business pur- poses, and should not be permitted within 200 feet 104 Public Papers of Governor Hughes of any other church. The question must also be considered in the light of the fact that churches are largely engaging in so-called institutional work, and it is not infrequent that portions of their property are used for secular purposes. The policy of the prohibition is not based upon the use a church may make of adjoining property which it may hap- pen to own, but has reference to its own religious character and the supposed propriety of protecting its immediate surroundings. Further, the bill makes no distinction between hotels and whatever under the law may be regarded as a hotel will come within the language of the exception whether it is one of the highest class and is conducted in a most unobjectionable manner, or belongs to that class which constitutes so serious a menace to the morals of the community. This bill does not challenge the propriety of the general prohibition in its application to a metropolitan community, and the proposed exception in my judgment cannot be justified. (Signed) CHARLES E. HUGHES Relating to the Retirement of Veterans Employed by the State or any Civil Division Thereof State of New York — Executive Chamber Albany, June 24, 1907 To the Assembly: . I return herewith, without my approval, Assembly bill No. 1 142 (Senate Reprint No. 1718), entitled "An act relating to retirement of veterans employed by the state or any civil division thereof ; granting pen- sions to veterans and providing for the payment thereof." This bill provides for a pension to every soldier, sailor or marine honorably discharged from the army or navy of the Vetoes 105 United States in the late Civil War,, who served therein at least ninety days, and who has been employed for a continuous period of fifteen years or more in the civil or military service of the State, or of any city, county, town or village Jhereof, upon reaching the age of sixty-five years, and becoming in- capacitated for performing the duties of his employment. Apart from the question of the advisability of establishing a system of pensions either for the veterans of the Civil War or for those who have rendered service to the State, this bill is clearly objectionable. It is just to neither class and involves an indefensible discrimination. If the State were to allow pensions upon the ground of service in the Civil War, there is no reason why the benefit should be limited to those veterans who have been employed by the State or by a municipality. On the other hand, if a civil service pension were to be established, there is no reason why the benefit should be limited to veterans and other civil servants should be debarred. (Signed) CHARLES E. HUGHES Providing for an Exposition Building at the State Fair Albany, July 11, 1907 Statement of item of appropriation objected to and not ap- proved, contained in Assembly bill No. 13 17 (Senate Reprint No. 1621), entitled "An act for the promotion of agriculture and making an appropriation therefor." Not Approved. The following item contained in Assembly bill No. 1317 (Senate Reprint No. 1621), entitled "An act for the promotion of agriculture and making an appropriation therefor," is hereby objected to and not approved for the reasons hereinafter stated : 106 Public Papers of Governor Hughes " For new exposition building, ninety-two thousand eight hundred thirty-two dollars and twenty-eight cents, one-half of which amount shall be available during the year nineteen hundred and seven, and the balance dur- ing the year nineteen hundred and eight." It seems to me highly advisable that before such expendi- ture is made there should be a carefully matured plan for the adequate and harmonious development of the State Fair grounds. The needs of the present should be considered in the light of the probable demands of the future, and suitable effort should be made to put the State Fair upon a permanent basis and to avoid any outlay which for want of comprehensive planning might in a few years seem improvident. The great value of the State Fair is obvious and it is desirable that with- out loss of time a careful plan of improvement should be de- vised, following upon which proper appropriations may be made to meet the necessities of extension. I append this statement to the bill at the time of signing it. (Signed) CHARLES E. HUGHES Making an Appropriation for Charitable Institutions — Items Not Approved State of New York — Executive Chamber Albany, July 12, 1907 Statement of items of appropriation objected to and not approved, contained in Assembly bill No. 836 (Senate Reprint No. 1335), entitled "An act making appropriations for the state charitable institutions, the New York state school for the blind, the Elmira reformatory and the Eastern New York re- formatory." Not Approved. The following items contained in Assembly bill No. 836 (Senate Reprint No. 1335), entitled "An act making appro- Vetoes 107 priations for the state charitable institutions, the New York state school for the blind, the Elmira reformatory and the Eastern New York reformatory," are hereby objected to and not approved for the reasons hereinafter stated. Thomas Indian School at Iroquois " For dormitory building twenty thousand dollars ($20,- 000)." " For addition to school building four thousand dollars ($4,- 000)." I deem these expenditures inexpedient at this time. And I append this statement to the bill at the time of signing it. (Signed) CHARLES E. HUGHES- Making an Appropriation for the Quarantine Station — Items not Approved State of New York — Executive Chamber Albany, July 12, 1907 Statement of item of appropriation objected to and not ap- proved, contained in Senate bill No. 223, entitled "An act making an appropriation for the quarantine station at Hoffman Island." Not Approved. The following items contained in Senate bill No. 223, en- titled "An act making an appropriation for the quarantine station at Hoffman Island," are hereby objected to and not approved for the reasons hereinafter stated. " For painting outside walls and oiling concrete floors of the cabin passengers' buildings four thousand dollars ($4,000) ; " Also the item " for the filling in, dressing and sodding of the island, ten thousand dollars ($10,000) ; " These expenditures in my judgment are inexpedient at this time. And I append this statement to the bill at the time of signing it. (Signed) CHARLES E. HUGHES io8 Public Papers of Governor Hughes Making Appropriations for the State Hospitals for the Insane — Items Not Approved State of New York — Executive Chamber Albany, July 12, 1907 Statement of item of appropriation objected to and not ap- proved, contained in Senate bill No. 1601, entitled "An act making appropriations for construction, ad- ditions and improvements at the state hospitals for the insane." Not Approved. The following items contained in Senate bill No. 1601, en- titled "An act making appropriations for construction, addi- tions and improvements at the state hospitals for the insane," are hereby objected to and not approved for the reasons here- inafter stated. Utica State Hospital On page 1. " For cold storage and ice plant eighteen thousand dollars ($18,000) ; " Hudson River State Hospital On page 2. " For sewage disposal plant thirty thousand dollars ($30,- 000);" " For outside lighting and change in electric lighting system to cottages two thousand dollars ($2,000) ; " Middletown State Homeopathic Hospital On page 3. " For solaria for annexes one and two fifteen thousand dol- lars ($15,000) ;" Vetoes 109 " For sewing and mending room, power elevator, etc., in connection with new laundry and slate roof on buildings eight thousand dollars ($8,000) ;" " For connecting male nurses home and farmer's house with steam supply of new chronic building three thousand dollars ($3,000) ; " Buffalo State Hospital On page 3. For refrigerator plant twelve thousand dollars ($12,000) ; " Binghamton State Hospital On page 4. For furniture for acute building seven thousand five hundred dollars ($7,500) ; " St. Lawrence State Hospital On page 4. " For dormitory for attendants at tuberculosis pavilion and group three, forty-eight beds, twenty-four thousand dollars ($24,000) ; " Rochester State Hospital On pages 4 and 5. " For building for industries, eight thousand dollars ($8,- 000) ; " " For laboratory, five thousand seven hundred dollars ($5,- 700) ; " Kings Park State Hospital On page 5. " For building for industries, including heating, lighting, plumbing, etc., thirty thousand dollars ($30,000) ; " " For betterment of serving room accommodations at group, including buildings and equipment, four thousand two hun- dred dollars ($4,200) ; " " For permanent boiler house to replace auxiliary plant at group one, fifty thousand dollars ($50,000) ; " no Public Papers of Governor Hughes Manhattan State Hospital On page 5. " For engineer and carpenter shop equipment, two thousand dollars ($2,000) ; " Central Islip State Hospital On page 6. " For carpenter and machine shop, three thousand four hundred fifty dollars ($3,450) ; " Gowanda State Homeopathic Hospital On page 6. " For cold storage, eighteen thousand dollars ($18,000) ; " These expenditures in my judgment are either unnecessary or inexpedient at this time, or, as in the case of needed re- pairs and emergency outlays, are sufficiently provided for by other appropriations. And I append this statement to the bill at the time of signing it. (Signed) CHARLES E. HUGHES The Appropriation Act — Items Not Approved State of New York — ■ Executive Chamber Albany, July 12, 1907 Statement of items of appropriation objected to and not ap- proved, contained in Assembly bill No. 2887, entitled "An act making appropriations for the support of government." Not Approved The following items contained in Assembly bill No. 2887 entitled "An act making appropriations for the support of government," are hereby objected to and not approved for the reasons hereinafter stated. Vetoes hi Civil Service Commission, Administration Division On page 58, lines 9 and 10. " one employee, one thousand two hundred dollars ; " This is not required. On page 58, line 11. "($2,200)." This should be omitted, as it includes the item above disap- proved. Commission of Gas and Electricity On pages 71 and 72. " For the salaries : of the commissioners, twenty-four thousand dollars ($24,- 000) ; secretary, three thousand dollars ($3,000) ; chief clerk of records, two thousand five hundred dollars ($2,500) ; gas and electric expert, five thousand dollars ($5,- 000) ; chief inspector of gas, one thousand eight hundred dollars ($1,800) ; first assistant inspector of gas, one thousand dol- lars ($1,000) ; second assistant inspector of gas, one thousand dollars ($1,000) ; assistant inspector of electricity, one thousand two hundred dollars ($1,200) ; accountant and bookkeeper, one thousand five hundred dollars ($1,500) ; of the employees according to grade: eighth grade, one employee, one thousand eight hundred dollars ($1,800) ; fifth grade, two employees, nine hundred dollars each ($1,800) ; third grade, one employee, six hundred dollars ($600) ; second grade, one employee, four hundred eighty dollars ($480) ; ii2 Public Papers of Governor Hughes For necessary traveling expenses and disbursements of the commissioners, their officers, clerks, inspectors, experts and other employees pursuant to chapter seven hundred thirty- seven, laws of nineteen hundred five, six thousand dollars ($6,000), or so much thereof as may be necessary. For furniture, books, blanks, printing, stationery, postage and transportation of letters, official documents and other matter sent by express or freight, including boxes or 'cover- ing for Same and other necessary and incidental office ex- penses including supplies and equipment for gas testing and laboratory, three thousand dollars ($3,000) , or so much thereof as may be necessary." This commission has been abolished. State Commission of Prisons On page 89. " of the president of the state commission of prisons, two thousand five hundred dollars ($2,500) ; " This position is no longer a salaried one. Railroad Commissioners On pages 102, 103 and 104. " For the salaries : of five commissioners, eight thousand each ($40,000) ; the secretary, six thousand dollars ($6,000) ; assistant secretary, four thousand dollars ($4,000) ; steam railroad inspector, three thousand dollars ($3,000) ; electrical expert, four thousand dollars ($4,000) ; locomotive boiler inspector, three thousand dollars ($3,000) ; accountant, three thousand dollars ($3,000) ; examiner, two thousand five hundred dollars ($2,500) ; general railroad inspector, three thousand dollars ($3,000) ; railroad inspector for New York office, two thousand dollars ($2,000) ; of the employees according to grade : Vetoes 113 seventh grade, nine employees, one thousand five hundred dollars each ($13,500) ; sixth grade, two employees, one thousand two hundred dollars each ($2,400) ; * second grade, one employee, four hundred twenty dollars ($420). For the actual and necessary traveling expenses of the com- missioners, secretary, assistant secretary, inspectors, account- ants, electrical and other experts, stenographers and clerks in the performance of their official duty; the temporary service of engineers, accountants, experts and clerks pursuant to sec- tion one hundred fifty-three of the Railroad Law; and for furniture, books, blanks, printing, stationery, messages, postage and transportation of letters, official documents and other matter sent by express or freight, including boxes or covering for same, and other necessary and incidental office expenses, including rent and expenses of the New York office, fifteen thousand dollars ($15,000), or so much thereof as may be necessary. " The amounts above mentioned shall be refunded to the treasury by the several corporations owning or operating rail- roads in this state, in such manner and proportion as is pre- scribed by law. Grade Crossings " To carry into effect the provisions of chapter seven hun- dred fifty-four, laws of eighteen hundred ninety-seven, and the acts amendatory thereof, for the employment of expert and clerical service necessary to supervise the work performed under said law, and to prepare plans, maps, and specifications therefor, and for other actual and necessary expenses: For the salaries: of the superintendent of the grade crossing bureau, three thousand dollars ($3,000) ; inspector of grade crossings, one thousand eight hundred dollars ($1,800) ; and for the actual and necessary traveling expenses of the commission- ers, secretary, assistant secretary, superintendent, ii4 Public Papers of Governor Hughes inspectors, accountants, experts, stenographers and clerks, in the performance of their official duty in relation to grade crossing work and books, blanks, printing and supplies, one thou- sand seven hundred dollars ($1,700), or so much thereof as may be necessary." This commission has been abolished and its powers and duties have been devolved upon the Public Service Commis- sions for which appropriation has been made. (Signed) CHARLES E. HUGHES The Supply Bill — Items Not Approved State of New York — Executive Chamber Albany, July 12, 1907 Statement of items of appropriation objected to and not approved, contained in Assembly bill No. 2916, entitled "An act making appropriations for certain expenses of government and supplying deficiencies in former appro- priations." Not Approved. The following items contained in Assembly bill No. 2916, entitled "An act making appropriations for certain expenses of government and supplying deficiencies in former appropria- tions," are hereby objected to and not approved for the rea- sons hereinafter stated. First. On page 23 : " For the necessary expenses of three summer institutes to be held at Chautauqua, Thousand Island Park and Cliff Haven, five thousand dollars ($5,000)." If any appropriation were to be made for this purpose, this is not enough. It is too late to organize these institutes for this season. Nor does it appear that the expenditure can longer be justified. Vetoes i i 5 Second. On page 25 : " For reimbursing William H. Craw- ford, of the town of Stockholm, county of Saint Lawrence, for expenses incurred by him from October thirteenth, nineteen hundred four, to July twelfth, nine hundred five, in carmg for cattle quarantined by order of the commissioner of agriculture, eight hundred sixty-two dollars and fifty cents ($862.50), or so much thereof as may be necessary." There are probably numerous cases of this sort. Whether provision should be made to meet them is a question 'of State policy which should be defined before appropriations are made in special instances. Third. On page 26 : " For the expenses incurred by dele- gates to farmers' national congress, five hundred dollars ($500), or so much thereof as may be necessary." It is the practice to appoint delegates to various important conventions, but in other cases the appointment is without ex- pense to the State. This practice should be uniform. Fourth. On page 26 : " For distribution to growers of sugar beets during the season of nineteen hundred seven, as provided by article five of the agricultural law and acts amendatory thereof, fifteen thousand dollars ($15,000), or so much thereof as may be necessary." In 1897 the Legislature provided for bounties to be paid under specified conditions (including the condition that the grower should receive a net price of $5 per ton) to persons, firms or corporations engaged in the manufacture of sugar from beets grown in this State. Pursuant to this pro- vision large annual appropriations were made. In 1905 the law was amended so as to provide for payment to the growers of sugar beets or their assignees, and it was further provided that the grower might assign the amount to which he was en- titled to the manufacturer with whom he had a contract to supply beets at a net price of $5 per ton. Appropriations have since been made accordingly. I believe that the provision for the payment of bounties either to manufacturers of sugar or to growers of beets is un- constitutional. The payments should not be continued, and the law in question should be repealed. n6 Public Papers of Governor Hughes As the United States Supreme Court has held the unconstitu- tionality of such a law does not, however, preclude the incur- rence by the State of an obligation to make the stipulated pay- ments to those who have relied upon the law in the conduct of their affairs. For this reason I have not objected to the item in this bill which makes provision for the deficiency in the ap- propriation for distribution to the growers of sugar beets or their assignees for the season of 1906. It may also be proper for the Legislature of 1908 to make appropriation for the pay- ment of the amount specified in the present law to the extent that it may be justified with reference to the crop of this sea- son already planted and obligations heretofore incurred in good faith for the purchase thereof. But the policy of paying bounties should not be continued; and to oppose this and to prevent the creation in the future of demands against the State in reliance upon the present law, I disapprove of the above item. Fifth. On page 29 : " For legal expenses, including salaries of attorneys and law stenographers for Albany, New York, Brooklyn and Buffalo offices, and compensation, costs, ex- penses and disbursements of attorneys under section ten of the liquor tax law, six thousand dollars ($6,000)." Suitable provision is otherwise made for these expenses. Sixth. On page 35 : "For the purchase of not to exceed twenty full blooded American bison for the keeping of which the commissioner of forest, fish and game is authorized to select suitable lands not exceeding fifteen square miles in the forest preserve and for fencing such lands and providing suit- able quarters, and for maintaining such bison and the expenses incidental thereto, twenty thousand dollars ($20,000), or so much thereof as may be necessary." It is doubtful, to say the least, whether there ever have been any bison in the Adirondacks, and the policy of attempting to maintain bison there is questionable. In view of the many demands upon the treasury of the State and the many im- provements which it has been found necessary to curtail, I should not feel justified in approving this item. Vetoes 117 Seventh. On page 35 : " For the purpose of acquiring prop- erty on Caledonia creek to control and protect the water supply of the Caledonia state hatchery and for the improvement of the hatchery and hatchery grounds, twenty-five thousand dol- lars ($25,000), or so much thereof as may be necessary." This seems to foreshadow a large scheme of development, the advisability of which should in my judgment be further considered. Eighth. On page 38: "For Edward W. Hatch, Julius M. Mayer and Danforth E. Ainsworth for services and disburse- ments as counsel for the superintendent in proceedings before the senate judiciary committee and the senate upon the mes- sage from the governor recommending the removal from office of Otto Kelsey, superintendent of insurance, fifteen thousand dollars ($15,000)." There is no justification for this item. The proceedings be- fore the Senate and its committee cannot in any proper sense be called a trial. Neither the Superintendent nor his witnesses were cross-examined, nor were witnesses produced against him. Counsel did not appear to prosecute him or to argue in support of the recommendation. The Superintendent saw fit to retain counsel to present to the Senate through the form of question and answer the matters he desired to have considered. My recommendation was based on his conduct in office. The Superintendent could easily and promptly, and in a direct manner have given to the Senate, or its committee, his state- ment of the transactions in question, or of any other matter he thought should be considered. Any competent head of a de- partment with little delay and with completeness and effect made possible by his personal familiarity with departmental matters can present his statement of facts and whatever rea- sons he may desire to oppose to a recommendation for his re- moval based upon the course of his administration and its re- lation to a proper standard of efficiency. In the present case 1 am satisfied that the retaining of counsel was from any proper standpoint unnecessary and resulted in unduly protract- ing the proceedings and in providing opportunity for confusing the question presented. n8 Public Papers of Governor Hughes Ninth. On page 46 : " For Dr. Ira O. Tracy, for deficiency for services rendered as first assistant physician at the Long Island state hospital, from the first day of July, eighteen hun- dred ninety-six, to the first day of December, nineteen hun- dred three, four thousand four hundred fifty dollars ($4,450), or so much thereof as may be necessary, to be paid by the state treasurer, upon the warrant of the comptroller and the certificate of the state commission in lunacy, for such sum as the commission may determine should have been paid to the said Tracy, while acting as first assistant physician of such hospital, because of the residence of his family at a place other than such hospital, in lieu of the quarters and supplies fur- nished by hospitals to first assistant physicians, pursuant to the provisions of section thirty-eight of the insanity law." This item authorizes payments in contravention of section 6 of article 7 of the Constitution. Tenth. On pages 65 and 66: " For the salary of a railroad inspector for the New York office from June first to October first, nineteen hundred seven, six hundred sixty-six dollars and sixty-seven cents ($666.67), and the salary of a general rail- road inspector from June first to October first, nineteen hun- dred seven, one thousand dollars ($1,000), or so much thereof as may be necessary ; which aggregate amount of one thousand six hundred sixty-six dollars and sixty-seven cents shall be refunded to the treasury by the several corporations owning or operating railroads in this state in the manner and propor- tion prescribed by law." This item has been rendered unnecessary by the passage of the Public Service Commissions Law, and appropriation pur- suant thereto. Eleventh. On page 41 : " The sum of two thousand five hundred dollars (re. $2,500), being the balance of an appro- priation made by chapter seven hundred two, laws of nineteen hundred five, for workshop at the Middletown state homeo- pathic hospital, is hereby reappropriated for the same pur- pose." On page 41 : " The sum of two thousand five hundred dol- lars (re. $2,500), being the balance of an appropriation made Vetoes 119 by chapter seven hundred two, laws of nineteen hundred five, for workshops, at the Gowanda state homeopathic hospital, is hereby reappropriated for the same purpose." On pages 42 and 43 : " The sum of three thousand two hun- dred dollars (re. $3,200) appropriated by chapter six hundred eighty-six, laws of nineteen hundred six, for porch and sun rooms, ward eleven, Hudson River state hospital, and the sum of three thousand two hundred dollars (re. $3,200) ap- propriated by the same chapter for sun rooms, wards three and seven, at the Hudson River state hospital are hereby reappro- priated for sun rooms for wards twenty-three and twenty- four, central group, and for day room for wards twenty-six and twenty-seven, E one and E two at the same hospital." On page 43: "The sum of four thousand dollars (re. $4,000) appropriated by chapter six hundred eighty-six, laws of nineteen hundred six, for enlargement of reception cottage dining-rooms, Saint Lawrence state hospital, is hereby reappro- priated for the enlargement of one reception cottage dining- room at the same hospital." On page 45 : " For deficiency in the appropriation made by chapter six hundred eighty-six, laws of nineteen hundred six, for furniture and equipment of new chronic building in- cluding the dining-room and kitchen at the Binghamton state hospital, seven thousand five hundred dollars ($7,500)." On page 46: "The sum of twenty thousand dollars ($20,- 000) is hereby appropriated in addition to the appropriation of thirty thousand dollars made by chapter six hundred eighty- six, laws of nineteen hundred six, for providing sewage disposal at the Kings Park state hospital." On page 52 : " For installing a vacuum cleaner system com- plete in the capitol building, sixteen thousand five hundred dollars ($16,500), or so much thereof as may be necessary." On page 59 : " For printing and binding ten thousand copies of that part of the report of the commissioner of agriculture for the year nineteen hundred three designated, 'Apples of New York,' to be distributed as follows : Thirty copies to each assemblyman, sixty copies to each senator, one thousand copies 120 Public Papers of Governor Hughes to the Geneva experiment station, two hundred fifty copies to Cornell University, two hundred fifty copies to the department of education and the remainder to the department of agricul- ture, twenty thousand dollars ($20,000), or so much thereof as may be necessary." On page 59 : " For printing and binding three thousand copies of that portion of the report of the state engineer and surveyor for nineteen hundred five called the ' History of the Canal System of the State of New York, together with brief histories of the canals of the United States and Canada,' one thousand copies of which shall be for the use of the state library, for the high schools of the state and for exchange with other libraries, and ten copies for each member of the legisla- ture, said work to be performed by the present contractor for legislative printing in accordance with the contract rates fixed therefor in said contract and paid upon the audit of the comp- troller, four thousand five hundred dollars ($4,500), or so much thereof as may be necessary." On page 61 : " For the repair and improvement of the high- way known as the state road, between South Colton and Piercefield, in Saint Lawrence county, five thousand dollars ($5,000), or so much thereof as may be necessary." On page 61 : " For the construction of a fishway along the face of the state dam upon Beaver river, at Stillwater, upon plans approved by the forest, fish and game commissioner, one thousand two hundred dollars ($1,200), or so much thereof as may be necessary." On page 61 : " For constructing a breakwater at Cranberry lake, in the county of Saint Lawrence, five thousand dollars ($5,000), or so much thereof as may be necessary." On pages 61 and 62 : " For removing dead and floating tim- ber and clearing and rendering safe Saranac river and its tributaries between Lake Flower and the state dam in town- ship twenty-four, Franklin county, five thousand dollars ($5,000), or so much thereof as may be necessary." On page 62: "For removing dead and floating timber and clearing and rendering safe Saranac river between Rainbow Vetoes 121 dam and Lake Kushaqua, five thousand dollars ($5,000), or so much thereof as may be necessary." On page 62 : " For removing dead and floating timber from the Deer river flow above the dam at Duane, on lot eighteen, township twelve, old military tract, two thousand dollars ($2,000), or so much thereof as may be necessary." On page 62 : " For cleaning out and improving the channel of the Genesee river between Rochester and Mount Morris, in the counties of Monroe and Livingston, to permit the free movement of ice and spring floods and to facilitate navigation, five thousand dollars ($5,000), or so much thereof as may be necessary." On page 62 : " For cleaning out the catch basin of the state dam at the junction of the Bashas Kill and Pine Kill, in the town of Mamakating, Sullivan county, three hundred dollars ($300), or so much thereof as may be necessary." On pages 62 and 63 : " For the repair of the state dam and lock in the Saranac river, in the town of Harrietstown, Frank- lin county, five hundred dollars ($500), or so much thereof as may be necessary (being a portion of the unexpended balance of the appropriation made by chapter four hundred twenty-seven, laws of nineteen hundred, and by chapter six hundred eighty-eight, laws of nineteen hundred one, and re- appropriated by chapter six hundred sixteen, laws of nineteen hundred two, and chapter five hundred seventy-three, laws of nineteen hundred three, for the construction of said dam and lock)." On page 63: "For improving defective drainage conditions on the lake level of the Chemung canal between the villages of Watkins and Montour Falls and on Catherine creek and its tributaries at Montour Falls, twenty-five thousand dollars ($25,000), or so much thereof as may be necessary, but in event of a change in the channel of Catherine creek or its tributaries, such changes shall not be made until the property owners affected thereby shall release the state from any and all damage which may result therefrom." On page 63 : " For repairing the pier at the outlet of Keuka lake at Penn Yan, Yates county, two thousand five hundred 122 Public Papers of Governor Hughes dollars ($2,500), or so much thereof as may be necessary, in addition to the sum appropriated therefor by chapter four hundred eighty-three, laws of nineteen hundred six." On page 63 : " For completing the dyke along the north bank of the Chemung river from near Columbia street, in the city of Elmira, to the western limits of said city and dyking the banks of Hoffman creek in said city from the mouth thereof to a point near Water street, and repairing the dykes on both sides of the Chemung river in said city heretofore built by the state, seven thousand five hundred dollars ($7,500), or so much thereof as may be necessary." On page 64 : " For improving the Cayuga inlet at Ithaca, from the southern side of State street, northerly as far as may be necessary, by widening and deepening, and the construc- tion of dykes or retaining walls where necessary, and for. the repair or construction of bridges over the same, seventy-five thousand dollars ($75,000), which shall be available when the city of Ithaca shall have placed to the credit of the superin- tendent of public works in a bank to be designated by him such sum in addition to the seventy-five thousand dollars herein appropriated, as shall be necessary to complete the work in accordance with the plans and specifications prepared by the commission created by chapter three hundred forty-five, laws of nineteen hundred six, when such plans shall have been ap- proved by the superintendent of public works, and when so available shall be payable from the canal fund." On page 65, lines 19 to 22 : " together with the further sum of two hundred thousand dollars ($200,000) to become avail- able October first, nineteen hundred seven,". On page 67 : " For making preliminary surveys and investi- gations along the Genesee river in conformity with the petition of the board of supervisors of Monroe county, and as pro- vided by sections three and four of chapter seven hundred thirty- four of the laws of nineteen hundred four, twenty-five thousand dollars ($25,000)." On page 67 : " For making preliminary surveys and investi- gations to provide a reservoir or reservoirs for the surplus Vetoes 123 waters of Deer river in Lewis county, as provided by sections three and four of chapter seven hundred thirty-four, laws of nineteen hundred four, one thousand dollars ($1,000), or so much thereof as may be necessary." On page 82 : " For the Legislative Index Publishing com- pany, for copies of the New York legislative index furnished to the Governor and members of the legislature during the ses- sion of nineteen hundred seven, one thousand five hundred dollars ($1,500)." The items mentioned in this paragraph are objected to as either unnecessary, or as applying to cases not involving any obligation on the part of the State, or, in view of the demands upon the treasury, as inexpedient at this time. So far as they relate to needed repairs or emergency outlays in connection with the State institutions, sufficient provision is made by other appropriations. (Signed) CHARLES E. HUGHES Providing for the Release of Lands of the State State of New York — Executive Chamber Albany, July 26, 1907 Memorandum filed with bills specified below. Not Approved. The following bills providing for the release of lands or rights of the State are disapproved. Four of these bills relate to escheated lands. Provision is made by general law for the release of such lands by the State in certain cases. If it is wise policy to remove any of the existing restrictions, the general law should be so amended. But exceptions should not be created by special acts. The same principle applies to the bill providing for the release of certain mineral rights. In regard to this, however, I may add that in my judgment the State should retain whatever rights in minerals it may have. 124 Public Papers of Governor Hughes The two remaining bills relate to proposed grants to the city of Buffalo of lands within the blue line of the Erie canal. If it be assumed that the lands described in these bills may be disposed of under legislative authority, the procedure pre- scribed by the general statutes in such cases should govern. The bills above referred to are as follows: Assembly bill, Introductory No. 428, Printed No. 437, en- titled "An act to release to Frank H. Cothren all the right, title and interest of the people of the state of New York in and to certain real estate situate in the city of New York, county of Kings and state of New York." Senate bill, Introductory No. 245, Printed No. 257, entitled "An act to release to Giuseppe Barese all the right, title and interest of the people of the state of New York in and to cer- tain real estate, situate in the village of Ossining, county of ' Westchester and state of New York." Assembly bill, Introductory No. 1018, Printed No. 2733, en- titled "An act to release to Mary H. Travis, John Bramhall Roebuck, George Roebuck, Herbert Roebuck, Ernest Roebuck, Alfred Roebuck, Walter Roebuck and Arthur Roebuck all the right, title and interest of the people of the state of New York in and to certain lots of land of Joseph H. Van Mater, junior, deceased, situate in the borough of Queens, in the city of New York." Senate bill, Introductory No. 258, Printed No. 1551 (As- sembly Reprint No. 2787), entitled "An act to empower the commissioners of the land office to release to Charles W. Dayton all the right, title and interest of the people of the state of New York in and to certain real estate in the city formerly town of Yonkers, county of Westchester, state of New York, acquired by escheat or forfeiture upon the death of Charles Scola and Carlo Scola." Assembly bill, Introductory No. 1308, Printed No. 1618, entitled "An act to amend chapter one hundred and fourteen of the laws of nineteen hundred and four, entitled 'An act to release to the owners of the fee certain minerals and mining rights acquired by the state by confiscation and by reason of Vetoes 125 the alienage of the former owners thereof, in the county of Putnam/ relative to the release of such minerals and mining rights acquired by the state by purchase." Senate bill, Introductory No. 534, Printed No. 1263, en- titled "An act authorizing the commissioners of the land office to make a grant or grants of lands under the waters of Niagara river to the city of Buffalo for a pumping station site and for other municipal purposes, for a nominal consideration, and abandoning certain lands within the blue line of the Erie canal." Senate bill, Introductory No. 1172, Printed No. 1818, en- titled " An act authorizing the commissioners of the land office to make a grant of land for a public street in the city of Buffalo on the west side of and adjoining Niagara street, be- tween Collaton street and the northerly line of said city, and abandoning such strip of land within the blue line of the Erie canal." (Signed) CHARLES E. HUGHES Bills Conferring Certain Jurisdiction Upon the Court of Claims - - State of New York — Executive Chamber Albany, July 26, 1907 Memorandum filed with bills specified below. Not Approved. The following bills conferring jurisdiction upon the Court of Claims to determine special cases are disapproved. If the jurisdiction of the Court of Claims should be enlarged, the law should be amended accordingly. Its jurisdiction should be governed by general rules applicable impartially, and not by legislation in favor of particular claimants. The bills above referred to are as follows : 126 Public Papers of Governor Hughes Senate bill, Introductory No. 900, Printed No. 1716, en- titled "An act to confer jurisdiction upon the court of claims to hear, audit and determine the alleged claim of Emma B. Park against the state for damages alleged to have been sus- tained by her and to render judgment therefor." Senate bill, Introductory No. 976, Printed No. 1717, en- titled "An act to confer jurisdiction upon the court of claims to hear, audit and determine the alleged claim of the Albany towing company against the state of New York for damages alleged to have been sustained by such company, and to ren- der judgment therefor." Assembly bill, Introductory No. 364, Printed No. 369 (Senate Reprint No. 1756), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of Michael O'Keefe' against the state of New York for damages alleged to have been sustained by him while in the employ of the state, and to render judgment therefor." Senate bill, Introductory No. 987, Printed No. 1326, entitled "An act to confer jurisdiction upon the court of claims to hear, audit and determine the alleged claim of the Argus com- pany, of Albany, New York, against the state for damages alleged to have been sustained by them and to render judg- ment therefor." Assembly bill, Introductory No. 478, Printed No. 491 (Senate Reprint No. 1730), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of the town of Indian Lake, Hamilton county, against the state for moneys paid out for services of fire wardens and persons assisting in extinguishing forest or woodland fires, alleged to be due such town from the state, and to render judgment therefor." Assembly bill, Introductory No. 506, Printed No. 522 (Senate Reprint No. 1751), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of Matthew Edgar, William John Edgar, James H. Akin and Thomas Parker against the state of New Vetoes 127 York for damages alleged to have been sustained, arising out of the erection and maintenance of the sewage disposal plant of the western house of refuge for women at Albion, New York, and to render judgment therefor." * Assembly bill, Introductory No. 630, Printed No. 675 (Senate Reprint No. 1749), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of Helen K. Sheehy against the state of New York for services alleged to have been performed by her as stenographer in the state department of public instruction dur- ing the year nineteen hundred and three, and to render judg- ment therefor.'' Assembly bill, Introductory No. 875, Printed No. 976 (Senate Reprint No. 1753), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of Louis Windholz against the, state for damages alleged to have been sustained by him, and to render judgment therefor." Assembly bill, Introductory No. 213, Printed No. 213 (Senate Reprint No. 1752), entitled "An act to confer juris- diction upon the court of claims to hear, audit and. determine the alleged claim of Mary H. Barrell against the state for damages alleged to have been sustained by her, and to render judgment therefor." Assembly bill, Introductory No. 1454, Printed No. 1869 (Senate Reprint No. 1746), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of William W. Bryan for damages arising from the sale by the state comptroller of the north half of lot number seven, great lot number seven, seventeenth allotment, Kayaderosseras patent, for the alleged nonpayment of the taxes of eighteen hundred and ninety-six, town of Greenfield, Saratoga county, at tax sale of nineteen hundred, alleged to have been sustained by him, and to render judgment there- for." Assembly bill, Introductory No. 518, Printed No. 534 (Senate Reprint No. 1757), entitled "An act to confer juris- 128 Public Papers of Governor Hughes diction upon the court of claims to hear, audit and determine the alleged claim of George W. Roth against the state of New York for damages alleged to have been sustained by him while employed as a telegraph lineman in the services of the city of New York and in the department of police thereof, and to render judgment therefor." Assembly bill, Introductory No. 616, Printed No. 657 (Senate Reprint No. 1754), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of William Murtaugh against the state for services alleged to have been rendered by him to the state, and render judgment therefor." Assembly bill, Introductory No. 829, Printed No. 900 (Senate Reprint No. 1755), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of Morris C. Copeland and Lillian Copeland against the state of New York for damages alleged to have been sustained by them, and to render judgment therefor." Assembly bill, Introductory No. 1227, Printed No. 1479 (Senate Reprint No. 1748), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of A. L. Greene against the state for ex- penses alleged to have been incurred as a deputy factory in- spector, and to render judgment therefor." Assembly bill, Introductory No. 853, Printed No. 935 (Senate Reprint No. 1850), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of William Conway, as administrator of the goods, chattels, credits and personal property of James Hendy, deceased, against the state of New York for damages alleged to have been sustained, for the death of said James Hendy, deceased, and to render judgment therefor." Assembly bill, Introductory No. 1229, Printed No. 1481 (Senate Reprint No. 1732), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of the First National bank of Ellenville, New York, against the state of New York for damages alleged to have been sustained, and to render judgment therefor," Vetoes 129 Assembly bill, Introductory No. 1533, Printed No. 1993 (Senate Reprint No. 1747), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of Oliver A. Quayle against the state for damages alleged to have been sustained by him, and to render judgment therefor." Assembly bill, Introductory No. 862, Printed No. 2467 (Senate Reprint No. 1741), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of James E. Shelland against the state of New York for money alleged to have been expended and for services alleged to have been rendered as an officer in the thirty-ninth regiment of the New York state militia in the years eighteen hundred and sixty-one and eighteen hundred and sixty-two, and to render judgment therefor." Assembly bill, Introductory No. 455, Printed No. 468 (Senate Reprint No. 1713), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of Frances Truszkowska against the state of New York for damages alleged to have been sustained by her on the state reservation at Niagara on or about the fifth day of July, nineteen hundred and three, and to render judg- ment therefor." Assembly bill, Introductory No. 900, Printed No. 2466 (Senate Reprint No. 1742), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of E. J. Lawless, doing business under the title name of the Lawless paper company, against the state of New York for damages alleged to have been sustained by him, and to render judgment therefor." Assembly bill, Introductory No. 1657, Printed No. 2472 (Senate Reprint No. 1744), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of James P. Cunningham against the state of New York for damages alleged to have been sustained by him, and to render judgment therefor." 5 130 Public Papers of Governor Hughes Assembly bill, Introductory No. 1479, Printed No. 2474 (Senate Reprint No. 1733), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claims of Clarence W. Francis against the state for alleged disbursements and expenditures by him as deputy attorney-general of the state of New York, and to render judgment therefor." Assembly bill, Introductory No. 1558, Printed No. 2468 (Senate Reprint No. 1729), entitled "An act to confer upon the court of claims jurisdiction to hear, audit and determine the alleged claim of the executors and devisees of Robert Earl, deceased, against the state for compensation alleged to have been discontinued, and to render judgment therefor." Assembly bill, Introductory No. 1877, ^Printed No. 2735 (Senate Reprint No. 1823), entitled "An act conferring juris- diction upon the court of claims to rehear and determine the alleged claim of Michael C. Murphy against the state for damages alleged to have been sustained by him, and to render judgment therefor." Assembly bill, Introductory No. 1207, Printed No. 2469 (Senate Reprint No. 1743), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of Arthur L. Condit against the state of New York for damages alleged to have been sustained by him in the autumn of nineteen hundred two, and to render judg- ment therefor." Assembly bill, Introductory No. 315, Printed No. 316 (Senate Reprint No. 1760), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of Jennie Mullady, as administratrix with the will annexed of the estate of Patrick Mullady, deceased, against the state for damages alleged to have been sustained, and to render judgment therefor." Assembly bill, Introductory No. 626, Printed No. 671' (Senate Reprint No. 1724), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the several alleged claims of Albert Cook, John F. Ball, Joseph Vetoes 131 Steckel, Frank E. Brady, Mrs. Robert Folts, Mrs. Peter Cas- ler, Atorne L. Scenioth, J. H. McCartney, W. A. Rowlett, Gabriel Ohman, Homer Carder, Orville Perkins, John D. Whipple, Mrs. George Reed, Mary I. Fox, John S. Watkins, James R. Hinchey, Edward R. Weaver and others against the state of New York for damages alleged to have been sustained by them by the overflow of Moyer creek, sometimes called Myers creek, in the village of Frankfort, New York, in the winter of nineteen hundred and three and of nineteen hundred and four, and to render judgment therefor." Assembly bill, Introductory No. 361, Printed No. 366 (Senate Reprint No. 1759), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of Albert Snyder against the state of New York for damages alleged to have been sustained by him in the construction of a state road in the town of Saugerties, Ulster county, New York, and to render judgment therefor." Assembly bill, Introductory No. 65, Printed No. 775 (Senate Reprint No. 1725), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine all alleged claims against the state of New York, filed before this act became a law, for damages alleged to have been sus- tained by such persons at and on Fourth lake. of the Fulton Chain of lakes in the counties of Herkimer and Hamilton in the winter of nineteen hundred five and six, and spring of nineteen hundred and six, and to render judgment therefor." Assembly bill, Introductory No. 1557, Printed No. 2070 (Senate Reprint No. 1727), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of Daniel F. Strobel and Dennis Moynehan, doing business under the firm name of Strobel and Moynehan, against the state for damages alleged to have been sustained by them, and to render judgment therefor." Assembly bill, Introductory No: 1667, Printed No. 2471 (Senate Reprint No. 1728), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of Gustavus T. Kirby against the state for services alleged to have been performed, money expended and 132 Public Papers of Governor Hughes disbursements incurred as an attorney at law and to render judgment therefor." Senate bill, Introductory No. 1082, Printed No. 1628, en- titled "An act to confer jurisdiction upon the court of claims to hear, audit and determine the alleged claim of William J. Logan for services as appraiser in the action of Consolidated Gas Company against the commissioners of gas and electricity and others." Senate bill, Introductory No. 827, Printed No. 1627, entitled "An act to confer jurisdiction upon the court of claims to hear, audit and determine the alleged claim of David L. Hough for services as appraiser in the action of Consolidated Gas Com- pany against the commissioners of gas and electricity and others." Assembly bill, Introductory No. 326, Printed No. 327 (Senate Reprint No. 1758), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claims of any officer or member of the state militia for counsel fees and expenses, and to render judgment there- for." Assembly bill, Introductory No. 24, Printed No. 24, entitled "An act for the relief of persons, firms and corporations who rendered services and furnished labor or material which was used in constructing the state armory in the late village now city of Tonawanda, Erie county, New York." Senate bill, Introductory No. 1025, Printed No. 1549, entitled "An act to confer jurisdiction upon the court of claims to hear, audit and determine the alleged claim of William H. Bahn against the state of New York, and to render judgment therefor." Assembly bill, Introductory No. 371, Printed No. 376 (Senate Reprint No. 1745), entitled "An act to confer juris- diction upon the court of claims to hear, audit and determine the alleged claim of Manheim Brown against the state for damages alleged to have been sustained by him, and to render judgment therefor." Senate bill, Introductory No. 816, Printed No. 1076, entitled "An act to confer jurisdiction upon the court of claims to Vetoes 133 hear, audit and determine the alleged claim of Ella Nagle against the state of New York for damages alleged to have been sustained by her, and to render judgment therefor." Senate bill, Introductory No. 421, Printed No. 1571, entitled "An act to confer jurisdiction upon the court of claims to hear and determine the alleged claim of Mary J. Dufort against the state for damages alleged to have been sustained by her, and to render judgment therefor." (Signed) CHARLES E. HUGHES Bills Amending the Forest, Fish and Game Law State of New York — Executive Chamber Albany, July 26, 1907 Memorandum filed with bills specified below. Not Approved. During the regular session of the Legislature I signed seven- teen amendments to the Forest, Fish and Game Law. There were twenty-seven additional amendments among the thirty- day bills. Of these I have signed a few which seemed to be required by the public interest. It seems to me, however, that there has been quite sufficient legislation in regard to this matter at this time, and that the practice which has obtained for some years of multiplying amendments to the Forest, Fish and Game Law should be discouraged. The law should be thoroughly revised at an early date and so far as possible put upon a permanent basis. At least such amendments as may be found to be necessary, annually, should be included in one bill. The bills disapproved are as follows: Assembly bill, Introductory No. 1282, Printed No. 1574, en- titled "An act to repeal section one hundred and twenty- three of the forest, fish and game law." 134 Public Papers of Governor Hughes Senate bill, Introductory No. 887, Printed No. 1305, entitled "An act to amend the forest, fish and game law, relative to the protection of trout in any waters of the county of Madison." Assembly bill, Introductory No. 366, Printed No. 371 (Senate Reprint No. 1617), entitled "An act to amend the forest, fish and game law, in relation to the close season for grouse, woodcock, quail and squirrels in the county of Wash- ington." ' Assembly bill, Introductory No. 906, Printed No. 1643 (Senate Reprint No. 1616), entitled "An act to amend the for- est, fish and game law, relative to close season for deer in certain counties." Assembly bill, Introductory No. 1439, Printed No. 1840, en- titled "An act to amend the forest, fish and game law, relative to close season for quail in certain counties." Assembly bill, Introductory No. 1463, Printed No. 1877, en- titled "An act to amend the forest, fish and game law, in rela- tion to taking fish from streams inhabited by trout or other game fish during the close season." Senate bill, Introductory No. 822, Printed No. 1007 (Assem- bly Reprint No. 2783), entitled "An act to amend the forest, fish and game law, relative to the close season for plover and other birds." Senate bill, Introductory No. 823, Printed No. 1008, entitled ''An act to amend the forest, fish and game law, relative to the close season for grouse." Assembly bill, Introductory No. 1263, Printed No. 2048, en- titled "An act to amend the forest, fish and game law, in rela- tion to the close season for woodcock in Rensselaer and Yates counties." Senate bill, Introductory No. 824, Printed No. 1009, entitled "An act to amend the forest, fish and game law, relative to the close season for woodcock." Senate bill, Introductory No. 836, Printed No. 1170 (Assem- bly Reprint No. 2803), entitled "An act to amend section twelve of the forest, fish and game law, as amended by section two of chapter five hundred and eighty of the laws of nine- teen hundred and four." Vetoes 135 Assembly bill, Introductory No. 74, Printed No. 771' (Senate Reprint No. 1464), entitled "An act to amend the forest, fish and game law, in relation to the close season for hares and rabbits in Columbia, Greene, Ulster, Fulton, Dutchess^ and Orange counties." Assembly bill, Introductory No. 1408, Printed No. 2774, en- titled "An act to amend the forest, fish and game law, in rela- tion to the close season for trout in Livingston county." Assembly bill, Introductory No. 243, Printed No. 244, en- titled "An act to amend the forest, fish and game law, relative to penalties." Assembly bill, Introductory No. 1966, Printed No. 2882, en- titled "An act to amend the forest, fish and game law, in rela- tion to the transportation of the carcasses and venison of domesticated deer." Assembly bill, Introductory No. 1405, Printed No. 2178 (Senate Reprint No. 1505), entitled "An act to amend the forest, fish and game law, in relation to the sale of trout in Oneida and other counties." Assembly bill, Introductory No. 720, Printed No. 2136, en- titled "An act to amend the forest, fish and game law, in rela- tion to the possession of lake trout during the close season." Assembly bill, Introductory No. 1262, Printed No. 2047, en " titled "An act to amend the forest, fish and game law, in rela- tion to the close season for grouse in Rensselaer, Westchester and Yates counties." Assembly bill, Introductory No. 186, Printed No. 553, en- titled "An act to amend the forest, fish and game law, in rela- tion to nets in the Hudson and Delaware rivers and adjacent waters." Senate bill, Introductory No. 322, Printed No. 1456, entitled "An act to amend the forest, fish and game law, in relation to .fishing with nets in Hudson and Delaware rivers and adjacent waters." Senate bill, Introductory No. 1095, Printed No. 1572, entitled "An act to amend the forest, fish and game law, in relation to set lines and tip-ups on Big Sandy pond in Oswego county." (Signed) CHARLES E. HUGHES 136 Public Papers of Governor Hughes Bills Amending the Greater New York Charter State of New York — Executive Chamber Albany, July 26, 1907 Memorandum filed with bills specified below. Not Approved The following bills, relating to proposed amendments to the Greater New York Charter, are disapproved for the reason that they relate to matters which can appropriately be consid- ered by the Charter Revision Commission recently appointed: Senate bill, Introductory No. 300, Printed No. 6or, entitled "An act to amend section twenty-three of chapter four hun- dred and sixty-six of the laws of nineteen hundred and one, known as the charter of the city of New York, empowering the mayor of said city to designate the president of the board of aldermen to represent the mayor on the public boards of said city." Senate bill, Introductory No. 330, Printed No. 531 (Assem- bly Reprint No. 2376), entitled "An act to amend the Greater New York charter, in relation to the amount of annual pen- sion to retiring members of the fire department." Assembly bill, Introductory No. 1276, Printed No. 1569 (Senate Reprint No. 1609), entitled "An act to amend the Greater New York charter, in relation to salary of city mar- shals." Assembly bill, Introductory No. 1057, Printed No. 1585, en- titled "An act to amend the Greater New York charter, in relation to public matrons." Assembly bill, Introductory No. 1453, Printed No. 2721, entitled "An act to amend the Greater New York charter, rela- tive to employees of water works companies." Assembly bill, Introductory No. 238, Printed No. 1389 (Senate Reprint No.- 1380), entitled "An act to amend the Vetoes 137 Greater New York charter, relative to punishment of persons causing fire in stovepipes, chimney or flue." Senate bill, Introductory No. 786, Printed No. 964, entitled "An act to amend the Greater New York charter, relative to the protection of the grounds and properties of educational institutions." Senate bill, Introductory No. 701, Printed No. 1855, en- titled "An act to amend the Greater New York charter, in relation to inferior courts of criminal jurisdiction." Assembly bill, Introductory No. 954, Printed No. 2692 (Senate Reprint No. 1825), entitled "An act to amend the Greater • New York charter, relative to the police pension fund." Senate bill, Introductory No. 83, Printed No. 1622, en- titled "An act to amend the Greater New York charter by the amendment of section one hundred and fifty-one, to pro- vide for the establishment of a bureau of investigation of assessed valuations of real estate owned by the city of New York, located outside of said city." Assembly bill, Introductory No. 911, Printed No. 2063, en- titled "An act to amend the Greater New York charter, in relation to territory for the accommodation and use of canal boats and barges." Senate bill, Introductory No. 925, Printed No. 1208, en- titled "An act to amend section six hundred and twelve of the Greater New York charter giving to the commissioners of parks of the city of New York jurisdiction over playgrounds." Assembly bill, Introductory No. i860, Printed No. 2684, entitled "An act to amend the Greater New York charter, re- lating to engineers." Assembly bill, Introductory No. 568, Printed No. 1285, en- titled "An act to amend the Greater New York charter, in relation to the powers of the borough presidents and of the president of the board of aldermen." Assembly bill, Introductory No. 1615, Printed No. 2884, entitled "An act to amend the Greater New York charter, relative to the appointment of teachers in the public schools." 138 Public Papers of Governor Hughes Assembly bill, Introductory No. 1447, Printed No. 2378 (Senate Reprint No. 1606), entitled "An act to amend the Greater New York charter, relative to vacations of employees whose compensation is fixed by the day or hour." (Signed) CHARLES E. HUGHES Bills Authorizing Cancellation or Refund of Taxes State of New York — Executive Chamber Albany, July 26, 1907 Memorandum filed with bills specified below. Not Approved. The following bills, authorizing the commissioners of the sinking fund of the city of New York to cancel taxes or assessments, or to refund moneys paid thereon, in the case of certain religious and charitable institutions, are disapproved There are a number of bills of this sort each year. The matter is one for which provision should be made by a suitable amendment to the Greater New York Charter, so that in proper cases liens may be canceled and moneys refunded. As a Charter Revision Commission has been appointed, it seems to me that further action upon special bills of this sort may well be postponed until they have considered the subject. The bills above referred to are as follows: Senate bill, Introductory No. 1013, Printed No. 1466, en- titled "An act to authorize the commissioners of the sinking fund of the city of New York to refund certain moneys paid for taxes for the years nineteen hundred and one, nineteen hundred and two and nineteen hundred and three, affecting property situate in the borough of Brooklyn, in the city of New York, now belonging to and upon which is erected the church edifice of the Fourth Unitarian Congregational church of Brooklyn." Vetoes *39 Assembly bill, Introductory No. 1764, Printed No. 2483, entitled "An act to authorize the commissioners of the sinking fund of the city of New York to cancel and annul certain taxes, assessments and water rates now existing liens against and affecting property situated in the borough of Brooklyn, city of New York, belonging to Saint Malachy's Roman Cath- olic church." Assembly bill, Introductory No. 1017, Printed No. 1506 (Senate Reprint No. 1568), entitled "An act to authorize the commissioners of the sinking fund of the city of New York to cancel and annul certain assessments upon certain real prop- erty of the Trinity Methodist Episcopal church and the Church of Saint Mary Star of the Sea in said city." Assembly bill, Introductory No. 1703, Printed No. 2350, entitled "An act to authorize the commissioners of the sinking fund of the city of New York to cancel and annul certain taxes for the year 1906 affecting property situate in the bor- ough of Manhattan in the city of New York now belonging to and upon which is erected the building of the Young Women's Hebrew Association of the City of New York." Assembly bill, Introductory No. 1722, Printed No. 2416, entitled "An act empowering the sinking fund commission of the city of New York to vacate and cancel certain assessments for public improvements upon the real property of the Church of Saint Nicholas Tolentine of the borough of the Bronx." Senate bill, Introductory No. 740, Printed No. 888, entitled "An act to authorize the commissioners of the sinking fund of the city of New York to refund certain taxes upon property in the city of New York owned by the Harlem Presbyterian church." Assembly bill, Introductory No. 1889, Printed No. 2749, entitled "An act to authorize and empower the commissioners of the sinking fund of the city of New York to refund to the Saint Paul's German Evangelical Reformed church or the trustees thereof, moneys paid as assessment for public im- provements upon certain real property belonging to said church in the borough of the Bronx, New York city." I40 Public Papers of Governor Hughes Senate bill, Introductory No. 199, Printed No. 1481, en- titled "An act to authorize the commissioners of the sinking fund of the city of New York, in behalf of said city, to com- promise, settle, cancel, annul and discharge certain taxes and assessments and interest thereon levied upon the property the legal title of which is in the name of James A. Mullin, pastor of the Church of the Sacred Heart, in said city, situated in the twenty-third ward of the city of New York, borough of the Bronx." (Signed) CHARLES E. HUGHES ^ills in Relation to the Admission of Attorneys State of New York — Executive Chamber Albany, July 26, 1907 Memorandum filed with bills specified below. Not Approved. : 1 j ' ' " '1 The following bills are disapproved for the reason that the rules governing the admission of attorneys and counsellors should be uniformly maintained : Assembly bill, Introductory No. 1000, Printed No. 1157, en- titled "An act to enable John Montgomery to be admitted to practice as an attorney and counsellor &t law of the supreme court of the state of New York." Assembly bill, Introductory No. 196, Printed No. 196, en- titled "An act relative to the admission to the state bar exam- inations, John C. Hackett." Assembly bill, Introductory 'No. 546, Printed No. 571, en- titled "An act to admit Morgan Llewellyn Griffith to the state bar examination." (Signed) CHARLES E. HUGHES Vetoes 141 In Relation to Allotments of the Great South Bay for Oyster Planting * State of New York — Executive' Chamber Albany, July 26, 1907 Memorandum filed with Assembly bill No. 2743, entitled "An act to amend chapter five hundred and forty- nine of the laws of eighteen hundred and seventy-four, entitled 'An act to provide for the planting and protec- tion of oysters in those portions of the Great South bay lying in the town of Islip, Suffolk county, wherein the taking of clams cannot be profitably followed as a busi- ness,' in relation to allotments of portions of such bay." Not Approved. This bill, in effect, places upon the court the burdens of administration. It is in the line of a policy too frequently re- flected in our statutes, which fails to take account of the dis- tinction between judicial and administrative functions. It pro- vides for a court review of administrative matters, and, in effect, substitutes the judgment of the court upon administra- tive questions for that of the commissioners. I do not believe that this is the proper way to correct ad- ministrative abuses, and as the principle is so important, I am constrained to disapprove this bill. (Signed) CHARLES E. HUGHES 142 Public Papers of Governor Hughes Extending the Time for the Completion of Railroads State of New York — Executive Chamber Albany, July 26, 1907 Memorandum, filed with bills specified below. Not Approved. The following bills are disapproved. No sufficient reason appears why the statutes requiring the commencement and completion of construction within fixed periods should be waived in these cases. The bills above referred to are as follows : Assembly bill, Introductory No. 1646, Printed No. 2237, en- titled "An act to extend the time for the Syracuse, Skaneateles and Moravia railroad company to begin the construction of its road and expend thereon ten per centum of its capital, and finish and put the same in operation." Assembly bill, Introductory No. 1298, Printed No. 1609, en- titled "An act to extend the time of the Buffalo, Niagara Falls and Rochester railway company, its successors or assigns, to begin the construction of its road, to expend thereon ten per centum of the amount of its capital, and to finish its road and to put it in operation." Assembly bill, Introductory No. 1861, Printed No. 2685, en- titled "An act to extend the time of the Batavia and Northern railroad company to begin the construction of its road and to expend thereon ten per centum of its capital and to finish its road and put it in operation." Assembly bill, Introductory No. 1688, Printed No. 2331, en- titled "An act to extend the time within which the Danbury and Harlem Traction company shall finish its road and put it in operation beyond its present construction and operation." (Signed) CHARLES E. HUGHES Vetoes 143 Defining and Regulating the Practice of Optometry State of New York — Executive Chamber Albany, July 26, 1907 Memorandum filed with Assembly bill No. 2356 (Senate Reprint No. 1492), entitled "An act to amend the public health law by defining optometry and regulating the practice thereof." Not Approved. It is the intent of this bill that the board of examiners in optometry to be appointed by the Board of Regents shall be selected from those nominated by the Optical Society. It is also provided that the prescribed course of professional study in schools of optometry shall be had in such schools as main- tain a standard satisfactory to the board of examiners. These provisions remove from the jurisdiction of the Board of Re- gents matters which it is important should be placed in their control. If the practice of optometry is to have the recogni- tion and regulation contemplated by this bill the appointment of examiners should not be limited to those nominated by a particular society, and the determination of the standards of professional schools should be unequivocally left to the proper State authority. This is the policy established by the law enacted this year regulating the practice of medicine, and in my judgment it is unwise in legislation along similar lines to adopt a different principle. (Signed) CHARLES E. HUGHES 144 Public Papers of Governor Hughes Amending the Primary Election Law State of New York — Executive Chamber Albany, July 26, 1907 Memorandum filed with Assembly bill No. 2401 (Senate Reprint No. 1645), entitled "An act to amend the primary election law, gener- ally-" Not Approved. On examining this bill, I find that it contains provisions which I cannot approve. Primary election reform is of fundamental importance. We need an official ballot, but we need much more than that. The enrolled voters of a party are entitled to the freest opportu- nity to express their preference in the choice of candidates for office and in the selection of party representatives. Any per- version of representative government through selfish domina- tion of party machinery should be made difficult, if not im- possible. There of course must be effective party organiza- tion, but it must square with the essentials of popular govern- ment. This bill in its preferential provisions for nominations by district committees and for the use of an organization or " district committee " column on the ballot distinctly favors those of any party who are in control. The enrolled voters are not put upon an even .footing. Instead of encouraging care and self-reliance in voting, the proposed form of ballot makes it easy to dispense with discrimination. It is open to the ob- jections I have urged to our election ballot, and its adoption as a feature of a plan of primary reform I regard as a serious mistake. In making changes we should keep in view the end to be attained and we should proceed in a consistent manner. (Signed) CHARLES E. HUGHES Vetoes 145 In Relation to the Official Ballot Albany, July 26, 1907 Memorandum filed with Assembly bill No. 2928, entitled "An act to amend the primary law, in relation to the time of preparing and certifying statements and forms for an official ballot." Not Approved. This bill is really supplementary to Assembly bill No. 2401 (Senate Reprint No. 1645), which has been disapproved. (Signed) CHARLES E. HUGHES Providing for the Appointment of Special Policemen State of New York — Executive Chamber Albany,. July 26, 1907 Memorandum filed with Senate bill No. 1299, entitled "An act to provide for the appointment of policemen for the Niagara, Lockport and Ontario power com- pany. Not Approved. This bill provides that the Governor may appoint any num- ber of policemen designated by the Niagara, Lockport & Ontario Power Company, who shall have all the powers of policemen in cities and villages for the preservation of order and of the public peace and the arrest of all persons commit- ting offenses upon the land or property of the corporation. 146 Public Papers of Governor Hughes The policemen are to wear a metallic shield inscribed with the words " Special Police." Their compensation is to be agreed upon with the corporation and paid by it. I do not approve of the policy of establishing a special police force in the pay of a corporation. Nothing is more im- portant to the maintenance of public order and to a just respect for the exercise of public authority than that govern- mental powers should be exercised independently of private relations, and that the enforcement of the law by virtue of its method should be both in appearance and fact entirely im- partial. (Signed) CHARLES E. HUGHES. In Relation to the Sale of Adulterated Food State of New York — Executive Chamber Albany, July 26, 1907 Memorandum filed with Assembly bill No. 2672, entitled "An act to amend the agricultural law, in relation to the sale and transportation of adulterated and mis- branded food and regulating traffic therein." Not Approved In my first message to the Legislature, I recommended legis- lation with reference to protecting the public against the sale of adulterated and improperly branded foods. I also suggested the desirability of promoting harmony between the work of the Federal and State authorities. This bill follows generally the lines of the Federal statute, but it is so seriously defective that I cannot approve it. The Federal law provides as follows : Sec. 9. " That no dealer shall be prosecuted under the pro- visions of this act when he can establish a guaranty signed by Vetoes 147 the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchases such articles, to the effect that the same is not adulterated or misbranded within the meaning of this act, designating it." The words which I have italicized are omitted from the present bill which reads as follows : Sec. 170. " Goods sold under a guaranty. — No dealer shall be convicted of a violation of any of the provisions of section one hundred and sixty-five or one hundred and sixty-six of this act nor suffer any of the penalties for such violation if he shall establish to the satisfaction of the court before which any prosecution, action or proceeding is pending, that he pur- chased such article under a written guaranty signed by the wholesaler, jobber, manufacturer or other party residing in the United States to the effect that the same is not adulterated or misbranded within the meaning of this act." This in terms protects any dealer who buys under a guaranty from any person living in the United States. It is hardly too much to say that such a provision may readily be availed of to nullify the law. In the face of the explicit language used no reliance can be placed upon the effort to limit this pro- tection by construction. It is better that the bill should temporarily fail than that it should be enacted in this form. (Signed) CHARLES E. HUGHES. Relating to the Brooklyn College State of New York — Executive Chamber Albany, July 26, 1907 Memorandum filed with Senate bill No. 284, entitled "An act relating to the Brooklyn college authorizing and empowering educational institutions in the city of New York to consolidate with, merger in or enter into contracts with the Brooklyn college, and authorizing and empowering the city of New York to establish and maintain said college." 148 Public Papers of Governor Hughes Not Approved It has been made apparent to me that there is a sharp di- vision of opinion as to the advisability of this bill. The proj- ect has direct relation to the educational system of the city of New York. The extent to which the city should develop op- portunities for higher education, in its different boroughs, is a subject which may well engage the attention of the Charter Revision Commission. A consistent plan should be adopted, and, in my judgment, there should be no legislation upon the subject until the Legislature has had the benefit of the Com- mission's report, made after full consideration. (Signed) CHARLES E. HUGHES. In Relation to Probation Officers of New York City State of New York — Executive Chamber Albany, July 26, 1907 Memorandum filed with Assembly bill No. 1774, entitled "An act to authorize the board of estimate and appor- tionment of the city of New York to hear, determine, audit and allow claims of certain persons for services as probation officers in the city of New York, and direct- ing the comptroller to pay such claims as may be al- lowed for such services by said board." Not Approved The claim of those who served as probation officers prior to the time when the eligible list was established appears to have merit, but this bill permits payment for services for a considerable period subsequent to that date. (Signed) CHARLES E. HUGHES. Vetoes 149 Bills Relating to the Cancellation of Tax Sales State of New York — Executive Chamber Albany, July 26, 1907 Memorandum filed with bills specified below. Not Approved The following bills relating to the cancellation of tax sales are disapproved. If the present restrictions of the general law operate unfairly, they should be changed so as to pro- vide a scheme by which those who suffer injury from illegal tax sales may have a proper remedy. But the relief should be extended to all within the classes of cases demanding it, as they may be denned by general legislation. The bills above referred to are as follows : Assembly bill, Introductory No. 683, Printed No. 740 (Senate Reprint No. 1615), entitled "An act to authorize the comptroller of the state to hear and determine the ap- plication of Everett R. Walker for the cancellation of tax sales made in the years eighteen hundred and eighty-one and eighteen hundred and eighty-five of lot fifty-three, Mayfield patent, in Fulton county." Senate bill, Introductory No. 66, Printed No. 1629, en- titled "An act to authorize the comptroller to hear and determine the application of Abram G. De Witt for the can- cellation of tax sales made in the years eighteen hundred and ninety-five and nineteen hundred of lot number five eastern one-half of great lot number eight of the Hurley patentee woods, fourteen and one-half acres in Ulster county." Assembly bill, Introductory No. 1039, Printed No. 1203 (Senate Reprint No. 1619), entitled "An act to authorize the comptroller of the state to hear and determine the ap- plication of Arthur Dreyer for the cancellation of a tax sale i^o Public Papers of Governor Hughes made in the year eighteen hundred and ninety-five of lot number twenty on map of property on the north shore of Staten Island belonging to John C. Thompson, situated in the former town of Northfield, now the third ward of the borough of Richmond, in Richmond county." Assembly bill, Introductory No. 1494, Printed No. 2275, entitled "An act to authorize the comptroller of the state to hear and determine the application of May R. De Silva, for the cancellation of the eighteen hundred and ninety-five tax sale of lot forty-one, great lots seven and ten, Darling's first survey, Hardenburgh patent, in the county of Ulster." Assembly bill, Introductory No. 526, Printed No. 2113,; (Senate Reprint No. 1620), entitled "An act to amend chap- ter six hundred and nineteen of the laws of nineteen hun- dred and six, entitled 'An act to authorize the comptroller of the state of New York to hear and determine the appli- cation of J. G. Stevens for the cancellation of the tax sale of eighteen hundred and seventy-seven of a portion of lot number fifty-nine of township number six, in the old mili- tary tract in the town of Ellenburgh, county of Clinton,' in relation to the application of Charles Stevens, successor in interest of J. G. Stevens." (Signed) CHARLES E. HUGHES Bills in Relation to the New York City Fire Department and the New York City Police Department State of New York — Executive Chamber Albany, July 26, 1907 Memorandum filed with bills specified below. Not Approved The following bills are disapproved for the reason that the Greater New York Charter has been amended so as to provide for the rehearing of cases of this sort so. far as it was deemed advisable: Vetoes 151 Assembly bill, Introductory No. 513, Printed No. 529, en- titled "An act to enable the police commissioner of the city of New York to rehear and determine the charges against Richard Dillon, a policeman of the second grade, for Rein- statement in said department." Assembly bill, Introductory No. 547, Printed No. 919, en- titled "An act to enable the fire commissioner of the city of New York to rehear and determine the charges against Wil- liam H. Weise, fireman of the first grade, for reinstatement in said department." Assembly bill, Introductory No. 590, Printed No. 631, en- titled "An act to authorize the police commissioner of the city of New York, in his discretion, to reopen the investiga- tion of the legality of the appointment of Joseph Devlin as a member of the police department and force of the city of New York, to make a reinvestigation of the same and to re- instate or restore him as a roundsman in the police depart- ment and force of said city." Senate bill, Introductory No. 829, Printed No. 1030, en- titled "An act for the relief of John Holzer, a retired police- man of the city of New York." (Signed) CHARLES E. HUGHES Bills Concerning Claims Against the City of New York State of New York — Executive Chamber Albany, July 26,. 1907 Memorandum filed with bills specified below. Not Approved The following bills are disapproved for the reason that the charter has been amended so as authorize the board of estimate to deal with cases of equitable claims against the 152 Public Papers of Governor Hughes city. Claims lying outside of the policy of the general stat- ute should not be provided for by special acts. These bills are as follows : Senate bill, Introductory No. 145, Printed No. 1150, en- titled "An act authorizing the board of estimate and appor- tionment of the city of New York to inquire into the alleged claim of George R. Du Bois, a janitor in the justices' court of the former city of Brooklyn, first district, for services rendered as such, from March first, eighteen hundred and ninety-seven, to December thirty-first, eighteen hundred and ninety-seven, both dates inclusive, and for services ren- dered as janitor of the municipal court of the city of New York, borough of Brooklyn, first district, from January first, eighteen hundred and ninety-eight, to August twelfth, nine- teen hundred and three, both dates inclusive, and authoriz- ing payment of the same." Senate bill, Introductory No. 751, Printed No. 910, en- titled "An act to authorize the board of estimate and appor- tionment of the city of New York in its discretion to examine, audit and allow the balance of certain claims for reimbursement and compensation for expenditures made because of damages alleged to have been suffered by reason of the changes made in the grades of certain streets pur- suant to a resolution of the board of aldermen, remaining unpaid after the payment of the part of said claims author- ized to be allowed by chapter five hundred and ninety-nine of the laws of nineteen hundred and six." Senate bill, Introductory No. 366, Printed No. 1017, en- titled "An act authorizing the audit and allowance of the claim of John J. Scannell against the city of New York, for his costs, counsel fees and expenses paid in successfully de- fending himself againt certain indictments filed against him during his term of office as fire commissioner in said city. " (Signed) CHARLES E. HUGHES Vetoes 153 Bills Legalizing the Acts of Notaries Public and Com- missioners of Deeds State of New York — Executive Chamber Albany, July 26, 1907 Memorandum filed with bill's specified below. Not Approved The following bills have been disapproved for the reason that the subject-matter has been covered by a general vali- dating statute : Senate bill, Introductory No. 1138, Printed No. 1687, en- titled "An act to legalize the acts of Frederick A. Phelps, a commissioner of deeds." Senate bill, Introductory No. 1139, Printed No. 1688, en- titled "An act to legalize the acts of Edward Polak, a com- missioner of deeds." Assembly bill, Introductory No. 1880, Printed No. 2740, entitled "An act to legalize the acts of Jacob J. Lazaroe, a commissioner of deeds." Assembly bill, Introductory No. 1933, Printed No. 2826, entitled "An act to legalize the acts of Edward B. Thomp- son performed as commissioner of deeds." Assembly bill, Introductory No. 1746, Printed No. 2454, entitled "An act to legalize the acts of Addison S. Pratt, a notary public." Senate bill, Introductory No. 1014, Printed No. 1403, en- titled "An act to legalize the acts of Conrad F. Dietrick, a notary public." (Signed) CHARLES E. HUGHES 154 Public Papers of Governor Hughes Bills in Relation to a Hospital Fund and an Appropria- tion for a Hospital State of New York — Executive Chamber Albany, July 26, 1907 Memorandum filed with bills specified below. Not Approved The following bills are disapproved for the reason that the subject is covered by the general law : Senate bill, Introductory No. 1046, Printed No. 1445, en- titled "An act to amend the charter of the city of Fulton, in relation to providing for a hospital fund by taxation." Assembly bill, Introductory No. 1351, Printed No. 2875, entitled "An act to amend chapter two hundred and seventy-five of the laws of eighteen hundred and ninety- nine, entitled An act to revise the charter of the city of Gloversville,' giving the common council authority to make an annual appropriation to the Nathan Littauer Hospital Association." (Signed) CHARLES E. HUGHES Unconstitutional, Defective and Duplicate Bills, Special Laws, Unnecessary Acts or Generally Objectionable Measures — The Omnibus Veto State of New York -t- Executive Chamber Albany, July 26, 1907 The following bills are not approved because of being unconstitutional, defectively drafted, duplicates, special laws where relief can be had under existing law, unneces- Vetoes 155 sary or generally objectionable by reason of proposed changes : (Mr. Hinman). Senate bill, Introductory No. 8o£, Printed No. 994, entitled "An act to amend the charter of the city of Cortland, in relation to conferring on the com- mon council of such city certain additional powers." (Mr. Boshart). Assembly bill, Introductory No. 1891, Printed No. 2761, entitled "An act to amend the agricul- tural law in relation to the employment of persons having infectious or contagious disease, or who have been exposed to any infectious or contagious disease, in any dairy or creamery where milk is produced for sale or manufactured into an article of food, and to prevent the employment of any such person in connection with the distribution of milk or other dairy products." (Mr. Foelker). Senate bill, Introductory No. 213, Printed No. 220, entitled "An act making an appropriation for the quarantine station at Swinburne island." (Mr. De Groot). Assembly bill, Introductory No. 1627, Printed No. 2190, entitled "An act to legalize the marriage of George W. Beatty and Lydia Welk and to legitimatize the children of such marriage." (Mr. Hill.) Senate bill, Introductory No. 1115, Printed No. 1636, entitled "An act to amend the banking law so as to require trust companies to keep a lawful money reserve." (Mr. Hill). Senate bill, Introductory No. 11 16, Printed No. 1695, entitled "An act to amend the banking law so as to require banks or individual bankers to keep a lawful money reserve." (Mr. Weimert). Assembly bill, Introductory No. 1419, Printed No. 1809, entitled "An act to amend chapter six hundred and eighty-nine of the laws of eighteen hundred and ninety-two, entitled 'An act in relation to banking cor- porations, being chapter thirty-seven of the general laws.' " (Mr. Cobb). Senate bill, Introductory No. 1010, Printed No. 1377, entitled "An act to prescribe regulations for the review of apportionments by the legislature or other bodies." 156 Public Papers of Governor Hughes (Mr. Smith). Senate bill, Introductory No. 1048, Printed No. 1548, entitled "An act in relation to the filing by the supervisors of Columbia county of itemized statements of accounts heretofore audited and paid to them." (Mr. Winters). Assembly bill, Introductory No. 161, Printed No. 1897, entitled "An act to amend chapter one hundred and thirty-three of the laws of eighteen hundred and forty-seven, entitled 'An act authorizing the incorpora- tion of rural cemetery associations,' relative to the exemp- tion of cemetery property." (Mr. Grattan). Senate bill, Introductory No. 880, Printed No. 1 1 18, entitled "An act to amend chapter one hundred and eighty-two of the laws of eighteen hundred and ninety- eight, entitled 'An act for the government of cities of the second class,' in relation to public markets." (Mr. Grattan). Senate bill, Introductory No. 1044, Printed No. 1443, entitled "An act to amend the uniform charter of cities of the second class, in relation to public markets." (Mr. C. F. Murphy). Assembly bill, Introductory No. 1370, Printed No. 2650, entitled "An act to amend section twenty-one of the civil service law, in relation to power of removal." (Mr. Page). Senate bill, Introductory No. 551, Printed No. 880, entitled "An act to amend section eight hundred and eighty-one of the code of civil procedure, relative to the reading in evidence of the deposition of a party, now deceased, in an action brought by decedent's executor or administrator.'' (Mr. Tully). Senate bill, Introductory No. ion, Printed No. 1677, entitled "An act to amend the. code of civil pro- cedure in relation to awarding costs to an unsuccessful con- testant of a will." (Mr. Owens). Senate bill, Introductory No. 1134, Printed No. 1793, entitled "An act to amend the code of civil procedure, in relation to deposits of legacies to un- known persons." Vetoes 157 (Mr. Fowler). Assembly bill, Introductory No. 1360, Printed No. 1718, entitled "An act to amend the code of civil procedure, in relation to an executor's accounting in surrogate's court." (Mr. Miller). Assembly bill, Introductory No. 1628, Printed No. 2191 (Senate Reprint No. 1821), entitled "An act to amend the code of civil prqcedure, in relation to the proof required and the contents of an order in an applica- tion for the abandonment of condemnation proceedings." (Mr. Schulz). Assembly bill, Introductory No. 221, Printed No. 2352, entitled "An act to amend section twelve hundred and forty-two of the code of civil procedure, relat- ing to the sale of real property." (Mr. Duell). Assembly bill, introductory No. 1555, Printed No. 2375, entitled "An act to amend the code of civil procedure, relative to stenographer fees in Westchester county." (Mr. Young). Assembly bill, Introductory No. 1468, Printed No. 2553, entitled "An act to amend the code of civil procedure, in relation to the discharge of a mechanic's lien." (Mr. Page). Senate bill, Introductory No. 933, Printed No. 1216, entitled "An act to amend the code of criminal procedure, in relation to the removal of an indictment from the court of general sessions of the peace in and for the county of New York, county court or a city court to the supreme court and in relation to the admission of a de- fendant to bail." (Mr. Bohan). Assembly bill, Introductory No. 732, Printed No. 1046 (Senate Reprint No. 1673), entitled "An act to amend the code of criminal procedure, relative to the number of peremptory challenges in certain criminal cases." (Mr. Whitley). Assembly bill, Introductory No. 1466, Printed No. 2 131, entitled "An act to amend the code of crim- inal procedure, in relation to coroner's juries." (Mr. McManus). Senate bill, Introductory No. 821, Printed No. 1172, entitled "An act to amend the penal code, relative to appointment of special officers." 158 Public Papers of Governor Hughes (Mr. Fancher). Senate bill, Introductory No. 939, Printed No. 1229, entitled "An act to amend the penal code, in rela- tion to the privileges of witnesses in investigations and pro- ceedings, relating to rebates and allowances by life insurance corporations." (Mr. C. F. Foley). Assembly bill, Introductory No. 1020, Printed No. 11 79, entitled "An act to amend the penal code, relating to the issue and redemption of trading stamps and similar devices." (Mr. Prentice). Assembly bill, Introductory No. 1152, Printed No. 1392, entitled "An act to amend the penal code in relation to the punishment of persons convicted of the crime of extortion and blackmail." (Mr. Lansing). Assembly bill, Introductory No. 316, Printed No. 1959 (Senate Reprint No. 1694), entitled "An act to amend the penal code, in relation to selling merchan- dise in bulk." (Mr. G. H. Whitney). Assembly bill, Introductory No. 347, Printed No. 2377 (Senate Reprint No. 1604), entitled "An act to amend the penal code, in relation to the sale and furnishing of certain poisons." (Mr. McCue). Assembly bill, Introductory No. 1718, Printed No. 2412, entitled "An act to amend the penal code, in relation to carrying concealed weapons." (Mr. Hammond). Assembly bill, Introductory No. 1737, Printed No. 2651, entitled "An act to amend the penal code, in relation to enticing inmates from certain state institutions." (Mr. Prentice). Assembly bill, Introductory No. 1638, Printed No. 2660 (Senate Reprint No. 1851), entitled "An act to amend the penal code, in relation to the punishment for the crime of burglary." (Mr. Grady). Senate bill, Introductory No. 797, Printed No. 975, entitled "An act to amend sections sixty and sixty-one of chapter five hundred and sixty-six, laws of eighteen hun- dred and ninety, known as ' the transportation corporations law,' as amended." Vetoes 159 (Mr. Grattan). Senate bill, Introductory No. 492, Printed No. 700, entitled "An act to amend chapter eighteen of the general laws, known as the county law, relative to the, issue of town obligations." (Mr. Burr). Senate bill, Introductory No. 1036, Printed No. 1427, entitled "An act to amend the county law, in rela- tion to giving boards of supervisors authority to fix the com- pensation of town boards." (Mr. Draper). Assembly bill, Introductory No. 997, Printed No. 2792, entitled "An act to amend the county law, in relation to killing or injuring of horses, cattle or swine by dogs." (Mr. Glore). Assembly bill, Introductory No. 858, Printed No. 2219, entitled "An act to amend the domestic commerce law, relative to unlawful detention of milk cans, and courts having jurisdiction of violations." (Mr. Cunningham). Assembly bill, Introductory No. 986, Printed No. i860, entitled "An act to amend the domestic re- lations law, relating to the liability of married women for necessaries." (Mr. Mallon). Assembly bill, Introductory No. 693, Printed No. 750, entitled "An act to amend chapter one hun- dred and thirty-five of the laws of eighteen hundred and eighty- four, entitled An act providing for the better collection of taxes in the county of Erie; for the sale by the treasurer thereof of lands in said county for unpaid taxes, and regulat- ing the compensation of said treasurer,' in relation to powers and duties of the county treasurer." (Mr. Raines). Senate bill, Introductory No. 738, Printed No. 1200, entitled "An act to amend the election law, in rela- tion to independent nominations." (Mr. Page). Senate bill, Introductory No. 1136, Printed No. 1776, entitled "An act to amend chapter nine hundred and nine of the laws of eighteen hundred and ninety-six, in relation to the elections, constituting chapter six of the general laws, with relation to the appointment and removal of election offi- cers in cities." 160 Public Papers of Governor Hughes (Mr. Rogers). Assembly bill, Introductory No. 1901, Printed No. 2806, entitled "An act to amend the election law, in relation to filling of vacancies in elective offices." (Mr. Norton). Assembly bill, Introductory No. 1864, Printed No. 2690, entitled "An act to establish a ferry from the highway which runs about forty rods south of Bright's station, in the county of Washington, across Lake Cham- plain." (Mr. Waters). Assembly bill, Introductory No. 805, Printed No. 870 (Senate Reprint No. 1221), entitled "An act to provide for the paving and improvement of certain streets in the village of Green Island, Albany county, New York, and to provide for the method and means of paying therefor." (Mr. Sinclair). Assembly bill, Introductory No. 1745, Printed No. 2523, entitled "An act to amend chapter ninety of the laws of eighteen hundred and forty-six, entitled 'An act to incorporate the Hudson Orphan and Relief Association,' generally." (Mr. Gray). Assembly bill, Introductory No. 1857, Printed No. 2667 (Senate Reprint No. 1766), entitled "An act to legalize and confirm the acts and proceedings of the trustees and voters of union free school district number one, town of Hammond, Saint Lawrence county, New York, relative to certain tax and issue and sale of certain bonds of said dis- trict." (Mr. Merritt). Assembly bill, Introductory No. 1440, Printed No. 1841 (Senate Reprint No. 1798), entitled "An act to amend chapter four hundred and sixty-nine of the laws of nineteen hundred and six, entitled 'An act to provide for issuing of bonds of the state for the improvement of highways, and making an appropriation therefor,' generally." (Mr. Merritt"). Assembly bill, Introductory No. 1441, Printed No. 2127 (Senate Reprint No. 1767), entitled "An act to amend chapter one hundred and fifteen of the laws of eighteen hundred and ninety-eight, entitled 'An act to provide for the improvement of the public highways,' generally." Vetoes 161 (Mr. Miller). Assembly bill, Introductory No. 1602, Printed No. 2464, entitled "An act to amend chapter six hun<- dred and eighty-six of the laws of eighteen hundred and ninety-four, entitled 'An act for the preservation of macadam- ized and other public highways in the counties of Queens and Nassau,' in relation to exempting certain roads from certain of the provisions thereof." (Mr. Cobb). Senate bill, Introductory No. 881, Printed No. 1702, entitled "An act to amend the highway law, in relation to state aid in towns under the money system." (Mr. Northrup). Assembly bill, Introductory No. 903, Printed No. 2201, entitled "An act to amend chapter five hundred and sixty-eight of the laws of eighteen hundred and ninety, entitled An act in relation to highways, constituting chapter nineteen of the general laws/ in relation to appeals." (Mr. Burhyte). Assembly bill, Introductory No. 1979, Printed No. 2912, entitled "An act to amend the highway law, relative to poll taxes and the amount to be paid by the state to towns which have adopted the money system." (Mr. Grattan). Senate bill, Introductory No. 560, Printed No. 649, entitled "An act to amend the insanity law, relative to the support and maintenance of patients in state hospi- tals." (Mr. Hill). Senate bill, Introductory No. 983, Printed No. 1322, entitled "An act to amend the insurance law, relating to permitting the incorporation of beneficiary societies, orders or associations of persons in the service of the same employer, for the purpose of furnishing relief to members in case of sickness, disability or death." (Mr. Wemple). Senate bill, Introductory No. 8or, Printed No. 1720, entitled "An act to amend the insurance law, in rela- tion to securities guaranty corporations." (Mr. Fancher). Senate bill, Introductory No. 1165, Printed No. 1803, entitled "An act to amend the insurance law, in relation to the payment of dividends or refunds bv any do- mestic corporation, association or society doing business sub- ject to article six of the insurance law." 1 62 Public Papers of Governor Hughes (Mr. Patton). Assembly bill, Introductory No. 1473, Printed No. 2494, entitled "An act to amend chapter three hundred and eight of the laws of nineteen hundred and three, entitled 'An act to regulate the junk business, and to require a person engaging in such business to procure a license,' by in- creasing the amount of such license in certain counties." (Mr. Surpless). Assembly bill, Introductory No. 1311, Printed No. 1620, entitled "An act to fix and establish the annual salary of the surrogate of Kings county and repealing section two hundred and twenty-two of chapter six hundred and eighty-six of the laws of eighteen hundred and ninety- two in so far as it relates to Kings county." (Mr. Dowling). Assembly bill, Introductory No. 617, Printed No. 1496 (Senate Reprint No. 1350), entitled "An act to equalize the salaries of the court officers, special officer and messenger of the Kings county surrogate's court with the court attendants and other employees of the supreme court in Kings county." (Mr. Franchot). Senate bill, Introductory No. 601, Printed No. 1705, entitled "An act to incorporate the Lower bridge company." (Mr. Young). Assembly bill, Introductory No. 1469, Printed No. 1882, entitled "An act to amend the lien law, in relation to the discharge of a bond or undertaking." (Mr. J. A. Foley). Assembly bill, Introductory No. 598, Printed No. 2315, entitled "An act to amend the lien law, in relation to liens on personal property." (Mr. Duell). Assembly bill, Introductory No. 1412, Printed No. 2829, entitled "An act to amend chapter one hundred and eighty-two of the laws of eighteen hundred and ninety-two, entitled 'An act to incorporate the city of Mount Vernon,' relative to the appointment of a deputy commissioner of public works and the submission of a proposition therefor." (Mr. Wainwright) . Assembly bill, Introductory No. 1567, Printed No. 2255, entitled "An act to amend chapter five hun- dred and ninety-six of the laws of eighteen hundred and seventy-four, entitled 'An act to incorporate the Manhattan mortgage company,' in relation to loans on real estate." Vetoes i6j (Mr. West). Assembly bill, Introductory No. 1939, Printed No. 2837, entitled "An act to legalize, ratify and confirm a special election held in the town of Monroe, county of Orange, and the proposition adopted at such election for the purchase of a stone crushing plant, consisting of steam roller, stone crusher, elevator and bin in such town and pledging the credit of said town for the payment of the same." (Mr. Davis). Senate bill, Introductory No. 1057, Printed No. 1547, entitled "An act to amend the motor vehicle law, in relation to reissuing of registration seal." (Mr. Duell). Assembly bill, Introductory No. 1671, Printed No. 2296, entitled "An act to amend the charter of the city of New Rochelle, in relation to the salary of the clerk of the board of education." (Mr. Duell). Assembly bill, Introductory No. 1752, Printed No. 2460, entitled "An act to empower the common council of the city of New Rochelle to issue and sell bonds for the pur- pose of defraying the expense of certain public improvements." (Mr. Duell). Assembly bill, Introductory No. 1431', Printed No. 2522, entitled "An act to authorize the city of New Ro- chelle to borrow money by the issue of bonds for the purpose of meeting deficiencies in the funds of said city." (Mr. Duell). Assembly bill, Introductory No. 1365, Printed No. 2752, entitled "An act creating a board of public works in the city of New Rochelle, prescribing its powers and duties, conferring upon such board the duties of the commissioners of sewers, abolishing the office of city engineer and increasing the duties of superintendent of streets." (Mr. Cohalan). Senate bill, Introductory No. 224, Printed No. 233, entitled "An act to amend chapter five hundred and eighty of the laws of nineteen hundred and two, entitled- 'An act in relation to the municipal court of the city of New York, its officers and marshals,' relative to the issuance of subpoenas and the attendance of witnesses." (Mr. McCarren). Senate bill, Introductory No. 381, Printed No. 429, entitled "An act to empower the board of assessors of the city of New York to estimate and allow 164 Public Papers of Governor Hughes damages sustained by owners of real property abutting upon Manhattan avenue adjacent to Newtown creek, borough of Brooklyn, in the city of New York by reason of the con- struction of the bridge over Newtown creek, between Man- hattan avenue in the borough of Brooklyn, and Vernon avenue in the borough of Queens, and the approaches thereto." (Mr. Page). Senate bill, Introductory No. 129, Printed No. 442, entitled "An act to amend chapter five hundred and eighty of the laws of nineteen hundred and two, entitled 'An act in relation to the municipal court of the city of New York, its officers and marshals,' relative to the duties and powers of clerks." (Mr. McManus) . Senate bill, Introductory No. 784, Printed No. 957, entitled "An act authorizing the municipal civil ser- vice commissioners of the city of New York to place on the eligible list of January twelfth, nineteen hundred and seven, applicants for the police department of the city of New York, who have become thirty years of age after the examination held on September twelfth, nineteen hundred and six." (Mr. Grady). Senate bill, Introductory No. 162, Printed No.- 982, entitled "An act to aid in the erection of a memorial to the late Andrew H. Green in the city of New York and making an appropriation therefor." (Mr. Thompson). Senate bill, Introductory No. 439, Printed No. 1046, entitled "An act to provide for iron gates for the protection of life on streets leading to the Gowanus canal in the borough of Brooklyn in the city of New York." (Mr. Page). Senate bill, Introductory No. 130, Printed No. 1 34 1, entitled "An act to amend chapter five hundred and eighty of the laws of nineteen hundred and two, entitled 'An act in relation to the municipal court of the city of New York, its officers and marshals,' relative to fees payable to clerks." (Mr. Sohmer). Senate bill, Introductory No. 550, Printed No. 1414, entitled "An act in relation to the court of general sessions of the county of New York." (Mr. Foelker). Senate bill, Introductory No. 1120, Printed No. 1654, entitled "An act to empower the board Vetoes 165 of assessors of the city of New York to fix, determine and allow the amount of damages sustained to certain real prop- erty in said city in consequence of the change of grade of Meserole avenue between Diamond and Newell streets, borough of Brooklyn, city of New York." (Mr. Harte). Senate bill, Introductory No. 1132, Printed No. 1670, entitled "An act for the relief of William Baum- garten, a volunteer fireman, for injuries received while a member of Woodside hook and ladder company number three, a volunteer fire company of the city of New York." (Mr. Stanley). Assembly bill, Introductory No. 27, Printed No. 27, entitled "An act to provide for the retaxa- tion by the appellate division of the supreme court of the state of New York for the second judicial department of the claim of Nelson J. Waterbury, junior, as surviving part- ner of the firm of N. J. and N. J. Waterbury, junior, for services rendered by them for the city of New York in the trial of the claim of George R. Sheldon, as assignee of William H. de Forrest, under the provisions of chapter four hundred and ninety of the laws of eighteen hundred and eighty-three, entitled 'An act to provide new reservoirs, dams and a new aqueduct with the appurtenances thereto, for the purpose of supplying the city of New York with an increased supply of pure and wholesome water,' and the acts amendatory thereof." (Mr. C. F. Murphy). Assembly bill, Introductory No. 199, Printed No. 199 (Senate Reprint No. 1024), entitled "An act to authorize the board of estimate and apportion- ment of the city of New York in its discretion to examine into the facts concerning the services rendered by Hector McNeile as clerk to a coroner of Kings county, and to pro- vide for the payment of such claim." (Mr. Fowler). Assembly bill, Introductory No. 922, Printed No. 1407, entitled "An act to amend chapter seven hundred and twenty-four of the laws of nineteen hundred and five, entitled 'An act to provide for an additional supply of pure and wholesome water for the city of New York; 166 Public Papers of Governor Hughes and for the acquisition of lands or interest therein, and for' the construction of the necessary reservoirs, dams, aque- ducts, filters, and other appurtenances for that purpose; and for the appointment of a commission with the powers and duties necessary and proper to attain these objects,' in relation to clerks, stenographers, surveyors and other em- ployees to commissioners." (Mr. Goldberg). Assembly bill, Introductory No. 989, Printed No. 1920, entitled "An act to amend chapter five hundred and eighty of the laws of nineteen hundred and two, entitled 'An act in relation to the municipal court of the city of New York, its officers and marshals,' in relation to drawing jurors.'' (Mr. Goldberg). Assembly bill, Introductory No. 990, Printed No. 2043, entitled "An act to amend chapter five hundred and eighty of the laws of nineteen hundred and two, entitled An act in relation to the municipal court of the city of New York, its officers and marshals,' in relation to the jurisdiction of such court." (Mr. Eichhorn). Assembly bill, Introductory No. 1962, Printed No. 2870, entitled "An act to widen and improve a certain street in the city of New York, being partly in the counties of Kings and Queens." (Mr. A. E. Smith). Assembly bill, Introductory No. 1969, Printed No. 2896, entitled "An act authorizing the police commissioner of the city of New York to rehear the charges upon which John C. McGee, formerly a patrolman in the police department of the said city, was dismissed from said department in the year nineteen hundred and two, and to reinstate him in the position formerly held by him." (Mr. McManus). Senate bill, Introductory No. 409, Printed No. 1775, entitled "An act authorizing the boards of city magistrates of the city of New York to appoint bond clerk." (Mr. F. G. Whitney). Assembly bill, Introductory No. 1265, Printed No. 1558, entitled "An act to amend chapter Vetoes 167 three hundred and ninety-four of the laws of eighteen hun- dred and ninety-five, entitled 'An act to revise the charter of the city of Oswego,' in relation to the liability of the city." (Mr. F. G. Whitney). Assembly bill, Introductory No. I 77S» Printed No. 2513, entitled "An act to amend chapter three hundred and ninety-four of the laws of eighteen hun- dred and ninety-five, entitled 'An act to revise the charter of Oswego,' relative to the powers of policemen of said city." (Mr. Dominy). Assembly bill, Introductory No. 1579, Printed No. 2104, entitled "An act to amend chapter two hundred and sixty-nine of the laws of nineteen hundred and two, entitled 'An act to incorporate the city of Plattsburgh,' generally." (Mr. Fowler). Assembly bill, Introductory No. 1859, Printed No. 2683, entitled "An act to validate the tax roll and levy of the village of Pine Hill, county of Ulster, for the year nineteen hundred and seven." (Mr. Wilcox). Senate bill, Introductory No. 338, Printed No. 1174, entitled "An act amending section six of chapter three hundred and six of the laws of eighteen hun- dred and ninety-three, entitled 'An act to establish a state prison for women,' relative to salaries of guards and assist- ant matrons." (Mr. Apgar). Assembly bill, Introductory No. 894, Printed No. 1749, entitled "An act to amend sections thirty- three and thirty-four of title two of chapter three of part four of the revised statutes, relating to state prisons, rela- tive to the salaries of certain officers." (Mr. Waddell). Assembly bill, Introductory No. 904, Printed No. 2490, entitled "An act to amend section seventy-four of title two of chapter three of part four of the revised statutes, relating to state prisons, relative to the pa- role of rertain prisoners." 168 Public Papers of Governor Hughes (Mr. G. H. Whitney). Assembly bill, Introductory No. 346, Printed No. 2922, entitled "An act to amend the public health law, in relation to the retailing of poisons" (Mr. De Groot). Assembly bill, Introductory No. 1094, Printed No. 1299, entitled "An act for the appointment of a commissioner of records of the county of Queens." (Mr. Northrup). Assembly bill, Introductory No. 1591, Printed No. 2150, entitled "An act to provide for enumera- tion of the inhabitants of the village of Red Hook and for refunding excessive excise taxes collected in such village on an erroneous basis of population." (Mr. Heacock). Senate bill, Introductory No. 48, Printed No. 48, entitled "An act to amend the railroad law, relative to the transportation of freight." (Mr. Geoghegan). Assembly bill, Introductory No. 682, Printed No. 1377, entitled "An act to amend the railroad law, in relation to protection of street railroad employees in the counties of Kings and Queens." (Mr. Haines). Assembly bill, Introductory No. 1178, Printed No. 2355, entitled "An act to amend the railroad law, in relation to the protection of street railroad employ- ees, in the county of Westchester." (Mr. Baldwin). Assembly bill, Introductory No. 1982, Printed No. 2917, entitled "An act authorizing the Newark and Marion railway company to use locomotive steam power as a motive power." (Mr. Baldwin). Assembly bill, Introductory No. 1981, Printed No. 2918, entitled "An act authorizing the Marcel- lus and Otisco Lake railway company to use locomotive steam power as a motive power." (Mr. Lansing). Assembly bill, Introductory No. 400, Printed No. 407, entitled "An act to amend chapter three hundred and fifty-nine of the laws of eighteen hundred and ninety-seven, entitled 'An act to incorporate the city of Rensselaer,' in relation to the powers of the board of edu- cation." Vetoes 169 (Mr. Lansing). Assembly bill, Introductory No. 1383, Printed No. 1765, entitled "An act to amend chapter three hundred and fifty-nine of the laws of eighteen hundred and ninety-seven, entitled 'An act to incorporate the city of Rensselaer,' in relation to the collection of taxes." (Mr. Prentice). Assembly bill, Introductory No. 1895, Printed No. 2765, entitled "An act to incorporate the ' Tif- fany Employees' Benevolent Association.' " (Mr. Smith). Senate bill, Introductory No. 1053, Printed No. 1452, entitled "An act to amend chapter five hundred and thirty-one of the laws of eighteen hundred and eighty- one, entitled 'An act for the protection of taxpayers,' in re- lation to the burden of proof in certain actions." (Mr. Phillips). Assembly bill, Introductory No. 1593, Printed No. 2152 (Senate Reprint No. 1690), entitled "An act to amend the tax law, and providing for the assessment as a special franchise by the state board of tax commission- ers of an occupancy of the streets, highways and public places, where such occupancy has not been ratified by grant from public authority." (Mr. Phillips). Assembly bill, Introductory No. 1592, Printed No. 2760 (Senate Reprint No. 1807), entitled "An act to amend the tax law, in relation to ascertaining value of special 'franchises and equalization thereof, powers of state board of tax commissioners, review of assessments and collection of taxes." (Mr. Ferguson). Assembly bill, Introductory No. 1854, Printed No. 2759, entitled "An act to amend chapter two hundred and sixty-six of the laws of nineteen hundred and three, entitled 'An act to provide for the holding of town meetings and elections in counties of the state having a cer- tain population,' in relation to the time when town officers shall take office, compensation of certain committees and supervisors of such counties." (Mr. Filley). Assembly bill, Introductory No. 813, Printed No. 2051, entitled "An act to amend chapter two hundred and fifty-nine of the laws of nineteen hundred, en- 170 Public Papers of Governor Hughes titled "An act to change the name of the justices' court of the city of Troy to the " city court of Troy," to prescribe the manner of the appointment of the clerk thereof, and of marshals and attendants upon said court, to increase the jurisdiction thereof, to abolish the office of constable in the city of Troy, and to regulate the practice in said court gen- erally.' " (Mr. Filley). Assembly bill, Introductory No. 1458, Printed No. 2209, entitled "An act to provide for the collec- tion and enforcement of state and county taxes in the city of Troy, and for the sale of lands for unpaid state and county taxes in the county of Rensselaer and to legalize and confirm the acts of the county treasurer of Rensselaer county and of other officials of said county in regard to the collection and enforcement of state and county taxes in the county of Rensselaer." (Mr. Heacock). Senate bill, Introductory No. 891, Printed No. 1664, entitled "An act to incorporate the United Fellowship of Good Samaritans." (Mr. Carpenter). Senate bill, Introductory No. 713, Printed No. 1301, entitled "An act to amend chapter five hundred and eighteen of the laws of eighteen hundred and sixty-seven, entitled 'An act to amend an act entitled "An act to incorporate the village of White Plains," ' passed April third, eighteen hundred and sixty-six, in relation to the powers and duties of village trustees, et cetera." (Mr. Wilcox). Senate bill, Introductory No. 967, Printed No. 1740, entitled "An act to authorize the board of trustees of the village of Waterloo, in the county of Seneca, to issue bonds for the payment of certain indebtedness of said village and to provide for the redemption of said bonds by taxation." (Mr. Agnew). Senate bill, Introductory No. 955, Printed No. 1279 (Assembly Reprint No. 2894), entitled "An act to empower the state water supply commission to inquire into the expediency of the state owning or controlling the water powers within its borders." Vetoes 171 (Mr. Carpenter) . Senate bill, Introductory No. 331, Printed No. 374, entitled "An act to amend chapter six hundred and thirty-five of the laws of eighteen hundred and ninety-five, entitled 'An act to revise the charter of the city of Yonkers,' relative to members of disbanded fire, hose, engine and hook and ladder companies." (Mr. Haines). Assembly bill, Introductory No. 1158, Printed No. 1398, entitled "An act to enable the board of police commissioners of the city of Yonkers, to review, rehear and determine the charges against James McGowan, formerly a patrolman in the police department of the city of Yonkers, and to reinstate said James McGowan as a patrolman in the said police department." (Mr. Fowler). Assembly bill, Introductory No. 1696, Printed No. 2590, entitled "An act to amend the code of civil procedure, in relation to the court of claims." (Mr. Goldberg). Assembly bill, Introductory No. 462, Printed No. 1339 (Senate Reprint No. 1537), entitled "An act to amend the domestic relations law, in relation to marriage by written agreement." (Mr. McManus). Senate bill, Introductory No. 894, Printed No. 1131, entitled "An act to authorize the commis- sioner of docks and ferries of the city of New York, in his discretion, to rehear the charges upon which Henry Head, formerly an engineman in the department of docks and ferries, was dismissed from the said department in the year nineteen hundred and five, and in his discretion to reinstate the said Henry Head to the position formerly held by him." (Mr. Green). Assembly bill, Introductory No. 134, Printed No. 1 400, # enti tied "An act to provide that assessments due and payable after January first, nineteen hundred and seven, pur- suant to chapter two hundred and forty-four of the laws of eighteen hundred and seventy-eight and the acts amendatory thereof, for laying out and improving Prospect park in the city of Brooklyn shall be paid by the city of New York, and providing for refunding of any such assessments heretofore paid." MEMORANDA ON LEGISLATIVE BILLS APPROVED ITS V MEMORANDA ON LEGISLATIVE BILLS APPROVED Accepting a Gift From William Pryor Letchworth State of New York — Executive Chamber Albany, January 24, 1907 Memorandum filed with Assembly bill No. 101, entitled "An act to accept a deed of gift from William Pryor Letchworth, bachelor, to the people of the state of New York, of land in the town of Genesee Falls, Wyoming county, and the town of Portage, Livingston county, this state." Approved. This bill provides for the acceptance of a deed of gift made by William Pryor Letchworth to the people of the State of New York, conveying lands of about 1,000 acres in extent, situate in the town of Genesee Falls, Wyoming county, and the town of Portage, Livingston county. The deed is made upon the condition that the lands shall be for- ever dedicated to the purpose of a public park or reservation, subject only to the life use and tenancy of Mr. Letchworth, who shall have the right to make changes and improvements thereon. This gift to the people is an act of generosity which fitly crowns a life of conspicuous public usefulness, and entitles the donor to the lasting regard of his fellow citizens. The 175 176 Public Papers of Governor Hughes people of the State cannot fail to realize the advantages which will accrue from their acquisition of this beautiful tract and by means of its perpetual dedication to the purpose of a public park or reservation. (Signed) CHARLES E. HUGHES Providing for the Widening of Livingston Street, Bor- ough of Brooklyn, New York State of New York — Executive Chamber Albany, April 2, 1907 Memorandum filed with Assembly bill No. 22, entitled "An act to provide for the expense of widening Liv- ingston street, in the borough of Brooklyn, city of New York." Approved. This is a bill to provide for the expense of widening Liv- ingston street in the borough of Brooklyn, city of New York. The total cost of the improvement was upward of $2,000,000, and the board of estimate and apportionment of the city of New York determined that the city should bear three-quarters, and the property deemed to be benefited one-quarter of the ex- pense. The commissioners of assessment did not limit the as- sessments to the property abutting on the widened street but defined a considerable area of assessment for alleged benefit, including territory on the north and south and an irregular fan-shaped section' lying to' the east. It is manifest that gross injustice has been done by the assessment. The area of benefit is arbitrarily defined and the assessments present grotesque inequalities. On an appeal to the Legislature this bill was passed, and not having beer* accepted by the mayor of the city, has been repassed. Memoranda on Legislative Bills Approved 177 The argument that the bill because of its mandatory pro- visions assails home rule does not seem 10 me — witn due respect to the opinion of the mayor who is justly tenacious of the principle — to be well founded. Home rule is not incon- sistent with the protection by the Legislature of the rights of the citizens of a municipality where the action of the local authorities is clearly unjust. The fact that the Legislature has created municipalities with appropriate local functions does not derogate from the constitutional prerogative of the Legis- lature to provide against abuses. And there is no reason why the Legislature should refuse to exercise its admitted power where it is clear that the local authorities have imposed unequal and indefensible burdens upon a portion of the citizens. It is evident that the selection of a proper area of assessment was exceedingly difficult because of the nature of the improve- ment. This was intended to relieve Fulton street, a main artery of traffic, and the improvement had relation to the- general betterment of conditions for through transit. The benefits it conferred were shared by citizens of outlying dis- tricts, and it was almost impossible justly to draw the boundary within which the advantages should be deemed comprised. As a means of relief, through a diversion of a part of the traffic causing an intolerable congestion of Fulton street, it may properly be regarded as a general city improvement and classi- fied with other improvements the cost of which has been borne- by the city as a whole. The case now presented is this : The assessment as laid cannot be justified. Even members of the commission who made it do not defend it. An attempt to provide for an assess- ment upon a larger area would involve great expense, and the extreme difficulty of properly delimiting such an area is apparent. The relief of Fulton street, through the use of Livingston street between Court street and Flatbush avenue, as an auxiliary line of main travel from the bridge to outlying districts will be of great value to the city. The citizens upon whom this assessment has been laid should not bear it as it now stands, and under all the circumstances of this exceptional" 178 Public Papers of Governor Hughes case, it is my judgment that there is no better alternative than to make the matter, as the Legislature has provided in this bill, a city charge. (Signed) CHARLES E. HUGHES Amending the Railroad Law in Relation to the Collection of Fare on Certain Electric Surface Railroads State of New York — Executive Chamber Albany, April 29, 1907 Memorandum filed with Assembly bill No. 1271 (Senate Reprint No. 1144), entitled "An act to amend the railroad law, in relation to the collection of fare on certain electric surface railroads." Approved. This bill is opposed by a railroad company affected thereby on the ground that under its franchises it is entitled to charge several fares of five cents each within certain specified limits, and that it promotes its collections and accuracy of registration to permit it to collect these fares separately. It would .seem, however, to be a simple matter for a railroad company to ar- range, if necessary, for a system of tickets or tokens which would enable it to have accurate returns without subjecting passengers to the unnecessary inconvenience of repeated pay- ments. (Signed) CHARLES E. HUGHES Memoranda on Legislative Bills Approved 179 Legalizing the Incorporation of the Corning, Keuka Lake & Ontario Railway Company State of New York — Executive Chamber Albany, June 4, 1907 Memorandum filed with Senate bill No. 1321, entitled "An act to legalize and confirm the certificate of in- corporation and the incorporation of the Corning, Keuka Lake and Ontario Railway Company and the proceedings taken and had under or in pursuance of said certificate." Approved. This bill is for the purpose of validating the incorporation of the Corning, Keuka Lake & Ontario Railway Company and it is entirely justified by the circumstances of the case. As a special act it cannot be taken to authorize the construction of a railroad, as this would be beyond the constitutional power of the Legislature. But it is proper for the Legislature, and this must be deemed to be the intent of the bill, in validating the in- corporation to confirm the acts which, had it been validly organized, the corporation could have lawfully performed. (Signed) CHARLES E. HUGHES Providing for the Appointment of an Additional Deputy Police Commissioner for New York State of New York — ■ Executive Chamber Albany, June 10, 1907 Memorandum filed with Assembly bill No. 1513, entitled "An act to amend the Greater New York charter, in relation to the police department." Approved. 180 Public Papers of Governor Hughes As a matter of general policy it would have been preferable had the law been amended so as to make the appointment of an additional deputy police commissioner subject to the author- ization of the board of estimate and apportionment. But in view of the present exigency, and of the importance of facili- tating the improvement of the police department, I have signed this bill after its acceptance by the city. (Signed) CHARLES E. HUGHES Relating to. the Employment of Women and Children in Factories State of New York — Executive Chamber Albany, June 1.5, 1907 Memorandum filed with Assembly bill No. 2052, entitled "An act to amend the Labor Law, relative to hours of labor of children, minors and women." Approved. This bill classifies and improves the provisions of sections j j and 78 of the Labor Law relating to the employment of women and children in factories. Since the bill passed the Legislature the Court of Appeals has held the provisions of section yy, relating to the hours of labor of adult women, to be unconstitutional. These provisions are retained in the present bill, but they are clearly separable so that the remainder of the law will not be affected. The bill makes distinct provision for the case of female minors so that legislation as to these will not depend upon the validity of a general clause applicable to alt women, whether minors or adults. The bill is of such a remedial character that I do not feel justified in withholding my signature merely because of the formal retention of a provision of the existing law which the decision of the court has rendered inoperative. (Signed) CHARLES E. HUGHES Memoranda on Legislative Bills Approved 181 Providing for a Recount of Votes Cast for Mayor in New York in 1905 State of New York — ■ Executive Chamber i I Albany, June 18, 1907 Memorandum filed with Assembly bill No. 1729, entitled "An act to provide for a judicial recount and re- canvass of the votes cast for the office of mayor at the election of the seventh of November, nineteen hundred and five, in all cities of the first class in which the ballots have been preserved." Approved. It is the object of this bill, as summarily as possible, to dispose of a controversy which should have been settled long ago. In the mayoralty election in New York city in 1905, about 647,000 votes were cast, of which, according to the official canvass, George B. McClellan received 228,397 and William -Randolph Hearst, 224,923. The accuracy of the canvass was challenged. The Election Law provides that the bal- lots shall be preserved inviolate for six months after the election, and that the boxes may be opened and their con- tents examined upon the order of the Supreme Court or one of its justices, or of a county judge. On the assumption that the Supreme Court had power to compel summarily any needed correction of the canvass, an application was made for a mandamus. This was granted. The case was then taken to the Court of Appeals where, on December 13, 1905, by a divided court it was held that the Election Law did not authorize a summary recanvass after the original canvass had been completed. Following this decision an effort was made during the session of 1906 to obtain legislation providing for a sum- mary recount. This was without result. In April, 1906, 182 Public Papers of Governor Hughes Mr. Hearst made an application to the Attorney-General to have an action brought to determine the title to the office. The Attorney-General denied the application, holding that the facts presented did not warrant his intervention. On April 30, 1906, the Supreme Court made an order for the preservation of the ballots. In July, 1906, after the Attor- ney-General's ruling, the corporation counsel moved to set aside this order; but the motion was denied, and its denial affirmed on appeal. Under this order it must be assumed, until the contrary appears, that the ballots have been duly preserved. It is well known to all who are conversant with sentiment in the city of New York, that there is widespread doubt as to the accuracy of the official canvass. The failure to re- solve that doubt and to determine in a prompt and decisive manner, satisfactory to all fair-minded citizens, the result of the election, has become a grave public scandal. The denial of all relief, either under the existing law or through appropriate legislation for the ascertainment of the fact whether the votes had been lawfully counted as cast, has brought our law into contempt and created a grievance shared by many thousands of our fellow citizens who be- lieve that a great wrong has been committed which it is the duty of those charged with the enactment of laws to repair. We need not concern ourselves with the origin of this be- lief, or the causes of it's prevalence. It is enough that it exists. In the public interest and for the sake of the credit of our institutions this matter must be settled. The present Attorney-General has brought an action in the nature of quo warranto to try the title to the office. But that litigation must necessarily be protracted ; and unless all parties should agree to facilitate its conclusion it is susceptible of de- lays making it well-nigh interminable. The public has no interest in awaiting a long-drawn-out contest with cumbrous procedure and under a form of action ill suited to a contro- versy of this magnitude. What is needed is a disposition of this matter in as summary a manner as can be devised. Memoranda on Legislative Bills Approved 183 This bill does not alter a vote or change any rule of law relating to the validity of any vote. It simply provides for a recanvass of the votes validly cast in accordance with the law existing at the time of the election. If the result of this're- canvass is to establish the election of Mayor McClellan, it will largely re-establish confidence in our election methods and make the more unlikely the recurrence of a similar situation. If, on the other hand, the recanvass should show that Mr. Hearst was elected, every fair-minded citizen, whatever his political convictions, would rejoice that the fear of establishing a precedent did not prevent the righting of a wrong and the giving of the office to the man who was entitled to it. The bill provides only for a recanvass of such districts as are specified in the petition. The demand for a right to re- canvass other districts must rest upon the ground that if the ballot boxes of the other districts were opened, inaccuracies in the count would be found. When opposing, in May, 1906, the application to the Attorney-General for the bringing of an action of quo warranto, the mayor averred that, according to his information and belief, all the votes cast for the office of mayor had been truly counted as cast, and he denied that they had been illegally canvassed. The theory, of this bill was that the contestant should define the grievance, point out the dis- tricts where it was claimed the canvass was inaccurate, and that the votes in those districts should be promptly recanvassed and all questions should be summarily determined by the court. This of course would absolutely settle the matter so far as the contestant was concerned, and if the opening of the boxes did not bear out his allegations, the controversy would be ended. But the mayor, who has received the certificate of election, should not be put to disadvantage. It has been suggested that inaccuracies in the official canvass might be found in districts not specified by the contestant, which might offset or nullify any favorable results gained by the contestant in opening the boxes specified by him. It is desirable that no question should be left as to the fairness of the result. Should the contestant in his petition fail to specify all the districts the right should be given to the mayor to procure the recanvass of any districts not i&4 Public Papers of Governor Hughes mentioned. It is also evident that the cost of a canvass of such districts should not be borne by the mayor in case his title should be confirmed. The present bill provides that if the re- sult is to seat Mr. Hearst, the city shall bear the cost. Mr. Hearst's attorney has formally stated on behalf of his client that, in the event of the signing of this bill, Mr. Hearst would ask for a recount in every election district in the city. How- ever important this may be as a matter of moral obligation, it cannot properly dispense with appropriate legislation. Ac- cordingly a supplemental bill has passed the Legislature and is now in the hands of the mayor, providing that he may petition for a recanvass of the votes in any districts not specified in the petition presented by Mr. Hearst, and that the cost of the recanvass of such districts shall be borne by the city. The supplemental bill provides that nothing therein con- tained shall be held to require a recanvass in districts where the ballots have not been preserved. And the present bill pro- vides that where returns have not been superseded by orders made pursuant to the recanvass provided for, such returns shall stand in determining the final result. In regard to the procedure under the present bill it may be observed that if the petition specifies more than one district, the court shall appoint as many commissioners as it may deem necessary, not more than one commissioner canvassing the bal- lots of any one district. The matter is thus within the control of the Supreme Court which may appoint the number of com- missioners deemed necessary and allot to each commissioner such number of districts as may be thought advisable. The court can be trusted to deal with the matter intelligently and fairly, and to avoid unnecessary embarrassment and expense incident to an undue number of simultaneous proceedings. In the belief that public policy requires the settlement of this controversy as speedily as its nature will permit, and that it would be most unfortunate that legislation to this end should fail, I approve this bill. (Signed) CHARLES E. HUGHES Memoranda on Legislative Bills Approved 185 Making Appropriations for Expenses of Government and Supplying Deficiencies State of New York — Executive Chamber Albany, July 12, 1907 Memorandum filed with Assembly bill No. 2916, entitled "An act making appropriations for certain expenses of government and supplying deficiencies in former ap- propriations." The total appropriations (exclusive of canal sinking fund, barge canal, and highway improvement fund) made by the Legislature this year amount to $29,920,216.91 Bills and items disapproved by me amount to. . 1,089,361 45 Leaving a total of $28,830,855 .46 As compared with the appropriations of 1906. $26,978,928.29 This shows an increase of $1,851,927. 17 What may be called the fixed charges of the administration of government tend constantly to. increase with the growth of the State and the necessary extension of governmental activi- ties. Thus, in the judiciary department (largely by reason of the increased number of judges) the increased appropriations amount to nearly $290,000. The provision for common schools exceeds that made last year by $350,000. To promote effi- ciency an increase of $42,520 has been allowed to the health department and nearly $23,000 to the labor department. To offset these and other increases large reductions have been made in various expenses. The net increase above mentioned is substantially accounted for in the following special items of this year's appropriations: iS6 Public Papers of Governor Hughes Increase in appropriation for new educa- tional building (1906, $400,000; 1907, $1,- 500,000) $1,100,000 Increase in appropriation for new prison .... 125,000 Increase in appropriation for purchase of Adirondack lands (1906, $400,000; 1907, $500,000) 100,000 Increase in appropriations to meet judgments of Court of Claims (1906, $88,000; 1907, $285,000) 197.500 Increase in appropriation to meet excise re- bates (1906, $400,000; 1907, $600,000) .... 200,000 Increase in appropriation for abolition of grade crossings (1906, $250,000; 1907, $300, 000) 50,000 Making a total of $1,772,500 Great credit for this result is due to those members of the Legislature who have been primarily charged with the shaping of the appropriation bills. They have had the unpleasant duty of resisting the importunate demands of the many who are naturally solicitous for the extension and improvement of government service and they have labored unremittingly to provide for all urgent needs while at the same time striving to keep within necessary limits. (Signed) CHARLES E. HUGHES VI EHERGENCY MESSAGES 187 VI EMERGENCY MESSAGES Messages certifying the necessity of the immediate passage of specified Senate and Assembly bills, in compliance with section 15 of Article III of the Constitution, were sent to the Legislature of 1907 from time to time by Governor Hughes. The measures to which the messages applied were as follows: May 22.-T- Senate bill No. 1738, entitled "An act to estab- lish the public service commissions and prescribing their powers and duties, and to provide for the regulation and control of certain public service corporations and making an appropri- ation therefor." May 23. — Senate bill, Introductory No. 517, entitled "An act to revise the charter of the city of Binghamton," as amended in the Assembly. June 5. — Assembly bill, Introductory No. 1964, Printed No. 2879, entitled "An act to amend the legislative law, generally." June 5. — Assembly bill, Introductory No. 710, Printed No. 2887, entitled "An act making appropriation for the support of government." June 5.— Senate bill, Introductory No. 1176, Printed No. 1830, entitled "An act to amend the public lands law, in rela- tion to escheats." June 5. — Assembly bill, Introductory No. 1968, entitled "An act to legalize the proceedings of the board of trustees and of the qualified electors of the village of Brewster, Putnam county, New York, relative to the submission and adoption of propositions to establish a system of water works and to bor- row fifty thousand dollars upon the bonds of the said village for the purpose of purchasing, constructing and maintaining a system of water works for supplying the village of Brewster and its inhabitants with water." 189 190 Public Papers of Governor Hughes June 6. — Assembly bill No. 2353 (Senate Reprint No. 1812), entitled "An act to amend the labor law, relative to children working in streets and public places in cities of the first or second class." June 6. — Assembly bill No. 2387 (Senate Reprint No. 1836), entitled "An act to amend the labor law, relative to the em- ployment of women and minors." June 6. — Senate bill, Introductory No. 995, entitled "An act to amend chapter ninety-eight of the laws of nineteen hun- dred, entitled 'An act making the office of treasurer of Oneida county a salaried office, and regulating the management thereof.' " June 6. — Senate bill No. 1834, entitled "An act to amend chapter three hundred and twenty-one of the laws of eighteen hundred and ninety-eight, entitled 'An act to make the office of sheriff of Oneida county a salaried office, and to regulate the management thereof,' relative to the appointment and compensation of an office deputy." June 6. — Senate bill No. 1828, entitled "An act to amend the insurance law, relating to the certificate of authority of agents and to the election of directors." June 6. — Senate bill, Introductory No. 1175, Printed No. 1829, entitled "An act to amend chapter one hundred and twenty-three of the laws of nineteen hundred and six, entitled 'An act providing for the election of directors in mutual life insurance corporations,' relative to biennial elections." June 6. — Assembly bill, Introductory No. 775 (Reprint No. 2890), entitled "An act to amend the election law in relation to the publicity of contributions to, and expenditures of cam- paign funds, and providing for judicial inquiries relative thereto." June 6. — Senate bill, Introductory No. 1178, Printed No. 1832, entitled "An act to organize the senate districts and for the apportionment of the members of assembly of this state." June 11. — -Assembly bill, Introductory No. 696, Printed No. , entitled "An act making appropriations for repairs, re- Emergency Messages 191 newels and betterments for the several state prisons, the Mat- teawan state hospital for insane criminals and the Dannemora state hospital for insane convicts." June 11. — Assembly bill, Introductory No. 1672 (Reprint No. 2897), entitled "An act authorizing the city of Lockport to issue bonds for the purpose of acquiring real property for a site for a public market and constructing the same." June 11. — Senate bill, Introductory No. 1183, Printed No. 1843, entitled "An act to regulate procedure and to provide for cost and expense in any proceeding for a judicial recount and recanvass of the votes cast for the office of mayor at the election of the seventh of November, nineteen hundred and five, in cities of the first class, in which the ballots have been, preserved." June 11. — Senate bill, Introductory No. 1181, Printed No. 1841, entitled "An act to amend chapter two hundred and three of the laws of nineteen hundred and six, entitled 'An act to authorize the city of Buffalo to issue its bonds for the purpose of extending and improving the supply of water to the city and its inhabitants,' as amended by chapter eighty- four of the laws of nineteen hundred and seven, and to validate proceedings heretofore taken for the authorization and sale of bonds under said act, and to authorize the issuance of bonds pursuant to said proceedings, payable in fifty years without option of prior payment." June 11. — Senate bill, Introductory No. 1189, entitled "An act to amend chapter nine of the general laws, known as the executive law, to provide for the filing by notaries public in the offices of registers of the several counties, of their signa- tures and certificates of their appointment." June 11. — Senate bill, Introductory No. 1182, Printed No. 1842, entitled "An act to amend chapter five hundred and eighteen of the laws of eighteen hundred and sixty-seven, en- titled 'An act to amend an act, entitled "An act to incorporate the village of White Plains," ' passed April third, eighteen hundred and sixty-six, in relation to the powers and duties of village trustees, et cetera." i ! 192 Public Papers of Governor Hughes June 11. — Assembly bill, Introductory No. 1976, entitled "An act to legalize certain acts of the mayor and common council of the city of Kingston in relation to grading certain streets and constructing sewers therein and validating the acts of the common council and assessor in letting contracts and for levying assessments and collecting taxes for such improve- ments." June 12. — Senate bill No. 1667, entitled "An act making appropriations for certain expenses of government and sup- plying deficiencies in former appropriations." June 12. — Senate bill, Introductory No. 20, entitled "An act to amend the primary election law, in relation to direct nominations and to provide for the expense thereof in the year nineteen hundred and seven," as amended. June 13. — Assembly bill, Introductory No. 1974, Printed No. 2904, entitled "An act to legalize and confirm the acts and proceedings of the trustees and voters of union free school district number two, town of Hammond, Saint Lawrence county, New York, relative to certain tax and issue and sale of certain bonds of said district." June 18. — Senate bill, Introductory No. 1022, Printed No. 1576, as amended, entitled "An act to incorporate the city of Port Jervis." June 20. — Senate bill, Introductory No. 1193, entitled "An act to legalize bonds of the village of Old Forge issued for the purpose of defraying the expense of establishing a system of water works in and for said village, and supplying its in- habitants with water, and to legalize all proceedings of the board of trustees in relation thereto, including the resolutions submitted to the qualified electors of said village at a special election held on the fifth day of November, nineteen hundred and six, and all proceedings of said board of trustees in rela- tion and subsequent thereto, and to provide for the payment of the principal and interest of said bonds." June 20. — Senate bill, Introductory No. 1192, entitled "An act to authorize the city of Lockport to borrow money, by the issue of bonds, to rebuild, restore and refurnish the High Emergency Messages 193 street high school building, and the heating, ventilating and closet system therein." June 24. — Senate bill, Introductory No. 861, Printed No. 1171, entitled "An act to amend chapter three hundred of the laws of nineteen hundred and four, entitled 'An act to revise and consolidate the several acts, relative to the city of Niagara Falls,' " as amended. June 24. — Assembly bill, Introductory No. 1986, entitled "An act to amend the primary election law, in relation to the time of preparing and certifying statements and forms for an official ballot." June 25. — Senate bill, Introductory No. 357, Printed No. 1665, entitled "An act to amend chapter three hundred and forty-eight of the laws of eighteen hundred and eighty-five, entitled 'An act to authorize the appointment of stenographers for grand juries, and to fix the compensation of such stenog- raphers,' relative to the appointment of stenographers to take evidence before grand juries and at coroners' inquests and examinations and trials of criminal cases," as amended. June 26. — Senate bill, Introductory No. 814, Printed No. 1545, entitled "An act constituting the charter of the city of Rochester," as amended. June 26. — Assembly bill, Introductory No. 1987, Printed No. 2926, entitled "An act making an appropriation for ex- penses of the senate and assembly and supplying deficiencies in former appropriations." June 26. — Senate bill, Introductory No. 1191, Assembly bill, Printed No. 2929, entitled "An act to amend the Greater New York charter, relative to city magistrates." July 23. — Assembly bill No. 9, entitled "An act to amend chapter sixty-seven of the laws of nineteen hundred and seven, entitled 'An act to legalize, ratify and confirm the proceedings of the town board and board of highway commissioners of the town of W)est Seneca, Erie county, New York, in estab- lishing sewer district number one in said town and contracting for the construction of a system of sewers, pumping plant and disposal plant in such district.' " 7 194 Public Papers of Governor Hughes July 23. — Assembly bill, Introductory No. 4, entitled "An act making an appropriation for a sub-marine cable between Staten Island and between Hoffman Island and Swinburne Island." ' , 1 July 23. — ■ Assembly bill, Introductory No. 6, entitled "An act authorizing the city of Lockport to issue bonds for the purpose of acquiring property for a right of way, constructing a distributing main, and for other purposes necessary in ac- quiring and constructing the system of water works, now under contract for construction, for said city." July 23. — Assembly bill, Introductory No. 7, entitled "An act to legalize certain bonds of the village of Geneseo." July 23. — Assembly bill No. 8, entitled "An act providing for the preparation of plans for an adequate scheme of de- velopment of the state fair grounds and buildings at Syracuse, and making an appropriation therefor." July 24. — Assembly bill No. 12, entitled "An act to organize the senate districts and for the apportionment of the members of assembly of this state." July 24. — Senate bill, Introductory No. 1, Printed No. 9, entitled "An act to amend the primary election law, in relation to direct nominations and to provide for the expense thereof," as amended. July 24. — Senate bill, Introductory No. 8, Printed No. 11, entitled "An act to organize the senate districts and for the apportionment of the members of assembly of this state." July 24. — Senate bill, Introductory No. 9, entitled "An act making an appropriation for the expenses of the special session of the legislature called by proclamation of the gov- ernor to convene on July eighth, nineteen hundred and seven." VII APPOINTMENTS 195 VII APPOINTMENTS Executive. Secretary to the Governor Jan. i. Robert H. Fuller of New York city. Counsel to the Governor Jan. i. Ernest W. Huffcut of Ithaca. May 7. Edward Sandford of New York, to fill the vacancy created by the death of Ernest W. Huffcut. Military Secretary Jan. 1. George Curtis Treadwell of Albany. Military Staff Jan. 1. Nelson Herrick Henry, Adjutant-General, of the grade of brigadier-general. Jan. 1. George Curtis Treadwell, Military Secre- tary, of the grade of colonel. Jan. 1. Selden Erastus Marvin, Aide-de-camp, of the grade of colonel. Jan. 1. Gaius Barrett Rich, Jr., Aide-de-camp, of the grade of major. Jan* 1. Frederick Melvin Crossett, Aide-de-camp, of the grade of major. Jan. 1. Frederic Potts Moore, Aide-de-camp, of the grade of major. Detailed from the National Guard Jan. 1. Lieutenant-Colonel Charles Edmond Davis, 10th Regiment, Aide-de-camp. Jan. 1. Major Charles Joseph Wolf, 74th Regiment, Aide-de-camp. 197 198 Public Papers of Governor Hughes Jan. 1. Captain Albert Henry Dyett, 22d Regiment, Aide-de-camp. Jan. 1. Captain Herbert Barry, Squadron A, Aide- de-camp. Jan. 1. Captain Charles Alonzo Simmons, 1st Separate Company, Aide-de-camp. Jan. 1. Captain Charles Healy, 69th Regiment, Aide-de-camp. Jan. 1. Captain Elliot Bigelow, Jr., 2d Company, Signal Corps, Aide-de-camp. Jan. 1. Captain William Royde. Fearn, 71st Regi- ment, Aide-de-camp. Jan. r. Captain John Henry Ingraham, 23d Regi- ment, Aide-de-camp. Jan. 1. Captain Edwin Havens Tracy, 6th Battery, Aide-de-camp. Jan. 1. First Lieutenant Howard Kirk Brown, Troop D, Aide-de-camp. Detailed from the Naval Militia Jan. 1. Commander Robert Pierpont Forshew, 2d Battalion, Aide-de-camp. Members of the Commission to Acquire a Site for the New York State Training School for Boys (Chap- ter 665 of the Laws of 1907) July 27. Dennis McCarthy of Syracuse as a mem- ber. No stated term. July 27. Isaac Townsend of New York as a mem- ber. No stated term. July 27. Homer Folks of Yonkers as a member. No stated term. Members of the Commission to Select a Site for the Eastern New York. State Custodial Asylum (Chapter 331, Laws of 1907) July 27. William Rhinelander Stewart of New York as a commissioner. No stated term. Appointments 199 July 27. Franklin B. Kirkbride of New York as a commissioner. No stated term. July 27. Alexander C. Proudfit of New York as a commissioner. No stated term. t Members of the Commission on New Prisons Aug. 16. Thomas W. Hynes of Brooklyn as a mem- ber, to fill the vacancy caused by the resignation of John G. Wickser. No stated term. Aug. 16. Charles F. Howard of Buffalo as a member, to fill the vacancy created by the resigna- tion of Edwin O. Holter. No stated term. State Probation Commission (Chapter 430, Laws of 1907) July 2. Wade, Frank E., of Buffalo, as a member of the commission, for a term to expire July 1, 1908. July 2. Felix M. Warburg, of New York, as a mem- ber of the commission, for a term to ex- pire July 1, 1909. July 2. Charles F. McKenna, of New York, as a member of the commission, for a term to expire July 1, 1910. July 2. Homer Folks, of Yonkers, as a member of the commission, for a term to expire July I, 1911. Nov. 12. Felix M. Warburg of New York as a mem- ber of the commission, to succeed himself, failed to qualify, for a term ending July 1, 1909. State Fair Commissioners July 2. James H. Durkee of Sandy Hill as a commis- sioner, to succeed himself, for a term ending April 10, 1910. July 2. George A. Smith of Frankfort as a commis- sioner, to succeed himself, for a term end- ing April 10, 1910. 200 Public Papers of Governor Hughes July 2. Nathan S. Beardslee of Warsaw as a com- missioner, to succeed Milo H. Olin, de- ceased, for a term ending April 10, 1910. July 2. James S. Graeff of Westport as a commis- sioner, to fill the vacancy created by the resignation of Clarence H. Mackey, for a term ending April 10, 1909. New York Agricultural Experiment Station July 27. Willis G. Johnson of New York, to succeed Milo H. Olin, deceased, for a term ending April 2, 1909. Bronx Parkway Commissioners (Chapter 594, Laws of 1907) July 17, Madison Grant of New York as a commis- sioner, for a term ending July 25, 1912. July 17. James G. Cannon of Scarsdale, for a term ending July 25, 191 1. July 17. William White Niles of New York, for a term ending July 25, 1910. Members of the Greater New York Charter Revision Commission (Chapter 600, Laws of 1907) July 24. James Cowdin Meyers of New York, as a member. No stated term. July 24. Seth Low of New York, as a member. No stated term. July 24. Edward M. Grout of New York, as a mem- ber. No stated term. July 24. William M. Ivins of New York, as a member. No stated term. July 24. Edward B. Whitney of New York, as a mem- ber. No stated term. July 24. William N. Cohen of New York, as a member. No stated term. July 24. Thomas M. Mulry of New York, as a mem- ber. No stated term. Appointments 201 Aug. 27. Charles H. Strong of New York, to succeed Seth Low, declined. No stated term. Aug. 27. Elgin R. L. Gould of New York, to succeed Edward B. Whitney, declined. No stated term. Aug. 27. George L. Duval of New York, to succeed William N. Cohen, declined. No stated ~ term. Aug. 27. Nathaniel A. Elsberg of New York, to suc- ceed Thomas M. Mulry, declined. No stated term. Sept. 25. J. Hampden Dougherty of New York as a member, to succeed Edward M. Grout, de- clined. No stated term. > Members of the Commission to Investigate the Torrens System of Registering Land Titles (Chapter 628, Laws of 1907) David A. Clarkson of New York as a mem- ber. No stated term. Allan Robinson of Pelham Manor as a mem- ber. No stated term. Alfred G. Reeves of New York as a member. No stated ferm. Ralph Folks of New York as a member. No stated term. Henry Pegram of New York as a member. No stated term. Gustave W. Thompson of New York as a member. No stated term. T. Winthrop Weston of Liberty as a mem- ber. No stated term. County Positions Coroner of Delaware County Jan. 8. H. Ward Keator of Griffin Corners, to suc- ceed John M. Wright, deceased. Aug. IS- Aug. IS- Aug. iS- Aug. iS- Aug. iS- Aug. iS- Aug. IS- 202 Public Papers of Governor Hughes Coroner of Genesee County Feb. 25. William A. MacPherson, M. D., of Le Roy, to succeed F. L. Stone, deceased. Coroner of the County of Chemung July 27. George B. R. Merrill of Elmira, to succeed John A. Robinson, deceased. County Treasurer of Broome County Sept. 9. Walker F. Sherwood of Binghamton, to fill the vacancy caused by the resignation of David B. King. County Treasurer of Clinton County Oct. 17. Curtis E. Inman of Plattsburg, to succeed Andrew Williams, deceased. Commissioners to Investigate the Condition of the National Guard and Naval Militia of the State of New York (Chapter 261, Laws of 1907) May 6. William Cary Sanger, of Sangerfield, as a commissioner. May 6. Francis G. Landon, of Staatsburg, as a com- missioner. May 6. Walter S. Schuyler, of Washington, D. C, as a commissioner. Sept. 23. William A. Kobbe of New York as a com- missioner, to succeed Walter S. Schuyler, declined. Members of the Lake Champlain Ter-Centenary Commission {Concurrent resolution of Senate and Assembly of date April 15, 1907) May 24. Frank S. Witherbee of Port Henry as a mem- ber. No stated term. May 24. John H. Booth of Plattsburg as a member. No stated term. Appointments 203 Members of the Committee to Represent the State of New York at the National Encampment of the Grand Army of the Republic at Saratoga Springs (Chapter 401, Laws of 1907) June 18. John S. Maxwell of Amsterdam as a mem- ber. No stated term. June 18. Edwin A. Whitfield of New York as a member. No stated term. June 18. James S. Graham of Rochester as a mem- ber. No stated term. June 18. William H. Bennett of Saratoga Springs as a member. No stated term. Governor and Senate. Superintendent of Public Works Jan. 14. Frederick C. Stevens of Attica, for a term ending December 31, 1908. Confirmed January 14. Member of the Advisory Board of Consulting Engineers July 22. Mortimer Grant Barnes of New York as a member, to fill the vacancy created by the resignation of Elmer L. Corthell. No stated term. Confirmed July 24. Commissioners for the Promotion of Uniformity of Leg- islation in the United States July 27. William H. Hotchkiss of Buffalo as a com- missioner, to succeed Ernest W. Huffcut, deceased. Recess appointment requiring confirmation. July 27. Francis M. Burdick of New York. as a com- missioner, to succeed Walter S. Logan, deceased. Recess appointment requiring confirmation. Sept. 24. Francis M. Burdick of New York as a com- missioner, to succeed himself, failed to qualify. Recess appointment requiring confirmation. 204 Public Papers of Governor Hughes State Tax Commissioners Jan. 14. Frank E. Perley of New York as a commis- sioner to succeed himself, for a term end- ing December 31, 1907. Confirmed Janu- ary 14. Jan. 17. Benjamin E. Hall of New York as a com- missioner to succeed William Halpin, for a term ending December 31, 1909. Con- firmed January 17. State Superintendent of Elections for the Metropoli- tan Elections District Jan. 14. William Leary of New York as superin- tendent to succeed Lewis M. Swasey, for a term ending December 31, 1910. Con- firmed January 16. Superintendent of Banks Jan. 14. Charles Hallam Keep of Buffalo, to fill the vacancy created by the resignation of Frederick G. Kilburn, for a term ending May 9, 1908. Confirmed January 17. Oct. 3. Luther W. Mott of Oswego, to fill the vacancy created by the resignation of Charles Hallam Keep. Recess appoint- ment requiring confirmation. Oct. 23. Clark Williams of New York, to fill the vacancy created by the resignation of Luther W. Mott. Recess appointment requiring confirmation. State Water Supply Commissioner June 3. Milo M. Acker of Hornell as a commis- sioner to succeed himself, for a term end- ing June 5, 1912. Confirmed June 3. Fiscal Supervisor of State Charities June 4. Charles M. Bissell of Albany as supervisor to succeed Harry H. Bender, for a term ending June 9, 1912. Confirmed June 6. Appointments 205 ■ Public Service Commissioners (Chapter 429, Laws of 1907) For the First District July 1. William R. Willcox of New York as a.com- missioner; and designated as chairman. Recess appointment requiring confirmation. July 1. William McCarroll of Brooklyn as a com- missioner. Recess appointment requiring confirmation. July 1. Edward M. Bassett of Brooklyn as a com- missioner. Recess appointment requiring confirmation. July 1. Milo Roy Maltbie of New York as a com- missioner. Recess appointment requiring confirmation. July 1. John E. Eustis of New York as a commis- sioner. Recess appointment requiring con- firmation. For the Second District July 1. Frank W. Stevens, of Jamestown as a com- missioner ; and designated as chairman. Recess appointment requiring confirma- tion. July 1. Charles Hallam Keep of Buffalo as a com- missioner. Recess appointment requiring confirmation. July 1. Thomas Mott Osborne of Auburn as a com- missioner. Recess appointment requiring confirmation. July 1. James E. Sague of New Hamburg as a com- missioner. Recess appointment requiring confirmation. July 1. Martin S. Decker of New Paltz as a com- missioner. Recess appointment requiring confirmation. 2o6 Public Papers of Governor Hughes Public Service Commissioners For the First District July 8. William R. Willcox of New York as a com- missioner, for a term ending February i, 1913; and designated as chairman. Con- firmed July 24. July 8. William McCarroll of New York as a com- missioner, for a term ending February 1, 1912. Confirmed July 24. July 8. Edward M. Bassett of New York as a com- missioner, for a term ending February 1, 191 1. Confirmed July 24. July 8. Milo Roy Maltbie of New York as a com- missioner, for a term ending February 1, 1 910. Confirmed July 24. July 8. John E. Eustis of New York as a com- missioner, for a term ending February 1, 1909. Confirmed July 24. For the Second District July 8. Frank W. Stevens of Jamestown as a com- missioner, for a term ending February i, 1913; and designated as chairman. Con- firmed July 24. July 8. Charles Hallam Keep of Buffalo as a com- missioner, for a term ending February 1, 1912. Confirmed July 24. July 8. Thomas Mott Osborne of Auburn as a com- missioner, for a term ending February 1, 191 1. Confirmed July 24. July 8. James E. Sague of New Hamburg as a com- missioner, for a term ending February 1, 1909. Confirmed July 24. July 8. Martin S. Decker of New Paltz as a com- missioner, for a term ending February 1, 1910. Confirmed July 24. Appointments 207 Sept. 14. Thomas Mott Osborne of Auburn as a com- missioner, vice himself, failed to qualify. Recess appointment requiring confirma- tion. m State Architect Oct. 15. Franklin B. Ware of New York, to succeed George Lewis Heins, deceased. Recess appointment requiring confirmation. Health Officer for the Port of New York Feb. 4. Alvah H. Doty, M. D., of New York, to succeed himself, for a term ending Janu- ary 4, 191 1. Confirmed February 28. State Historian July 15. Victor H. Paltsits of New York, to fill the vacancy created by the resignation of Hugh Hastings, for a term ending April 25, 191 1. Confirmed July 24. Commissioner of Labor Oct. 3. John Williams of Utica, to fill the vacancy created by the resignation of P. Tecum- seh Sherman. Recess appointment requir- ing confirmation. Port Wardens of the Port of New York March 18. Charles S. Adler of New York as a port warden, to succeed himself, for a term ending March 16, 1910. Confirmed March 18. March 18. John H. Gunner of New York as a port warden, to succeed himself, for a term ending March 16, 1910. Confirmed March 18. State Commission in Lunacy March 19. Sheldon T. Viele, of Buffalo, to succeed himself, for a term to expire December 31, 1910. Confirmed March 27. 208 Public Papers of Governor Hughes Sept. 23. Albert Warren Ferris, M. D., as president and commissioner, to succeed Charles W. Pilgrim, M. D. Recess appointment re- quiring confirmation. State Board of Charities May 28. Ledyard P. Hale of Canton as a commis- sioner, to succeed William R. Remington, deceased, for a term ending March 23, 1910. Confirmed May 29. May 28. Dennis McCarthy of Syracuse as a com- missioner, to succeed himself, for a term ending March 23, 1915. Confirmed May 29. May 28. Thomas M. Mulry of New York as a com- missioner, to fill the vacancy created by the resignation of Michael Scanlan, for a term ending May 25, 1914. Confirmed May 29. May 28. Joseph C. Baldwin, Jr., of Mt. Kisco, as a commissioner (original appointment), for a term ending May 29, 1915. Confirmed May 29. Managers and Trustees Binghamton State Hospital April 4. Miss Ellen T. Fish of Oneida as a manager, to succeed herself, for a term ending De- cember 31, 1913. Confirmed April 4. April 4. Jerome Dewitt of Binghamton as a mana- ger, to succeed himself, for a term ending December 31, 1910. Confirmed April 4. April 4. Lynn J. Arnold of Cooperstown as a mana- ger, to succeed himself, for a term ending December 31, 1912. Confirmed April 4. Appointments 209 Buffalo State Hospital June 16. Herbert A. Meldrum of Buffalo as a mana- ger, to succeed Joseph P. Dudley, de- ceased, for a term ending December 31, 1913. Confirmed June 13. Central Islip State Hospital May 20. Jeannie Floyd-Jones Robison of Massape- qua as a manager, to succeed herself, for a term ending December 31, 191 3. Con- firmed May 22. May 20. Maximilian Toch of New York city as a manager, to succeed himself, for a term ending December 31, 1908. Confirmed May 22. New York State Hospital for the Care of Crippled and De- formed Children June 3. George W. Thomas of New York city as a manager, to succeed himself, for a term ending April 16, 1912. Confirmed June 3. Hudson River State Hospital March 19. Miss Catherine A. Newbold of Pough- keepsie as a manager, to succeed herself, for a term ending December 31, 1913. Confirmed March 27. May 20. Myra H. Avery of Poughkeepsie as a mana- ger, to fill the vacancy created by the resig- nation of Grace Schenck Ward, for a term ending December 31, 1908. Confirmed May 22. Kings Park State Hospital May 20. Mary M. Ackerly of Northport as a mana- ger, to succeed herself, for a term ending December 31, 191 3. Confirmed May 22. 2IO Public Papers of Governor Hughes Long Island State Hospital March 20. Rev. William J. White of Brooklyn as a manager, to succeed himself, for a term ending December 31, 1913. Confirmed March 20. March 20. J. Edward Swanstrom of Brooklyn as a manager, to succeed himself, for a term ending December 31, 1909. Confirmed March 20. Manhattan State Hospital March 20. Harry Lippman of New York as a mana- ger, to succeed himself, for a term ending December 31, 1913. Confirmed March 20. June 6. Samuel L. Fuller of New York as a mana- ger, to fill the vacancy created by the resig- nation of Amos R. E. Pinchot, for a term ending December 31, 1913. Confirmed June 13. Rochester State Hospital June 3. George Raines of Rochester as a manager, to succeed himself, for a term ending De- cember 31, 1913. Confirmed June 3. St. Lawrence State Hospital May 20. Frank M. Bosworth of Watertown as a manager, to fill the vacancy created by the resignation of Samuel T. Bagg, for a term ending December 31, 1913. Con- firmed May 2. May 20. Leonard A. Saxer, M. D., of Syracuse as a manager, to succeed himself, for a term ending December 31, 1910. Confirmed May 22. Appointments 211 Utica State Hospital May 20. Lizzie Wilhelm Constable of Utica as a manager, to succeed herself, for a term ending' December 31, 191 3. Confirmed May 22. Oct. 28. Rev. William W. Bellinger of Utica as a manager, to succeed the Rev. A. V. V. Raymond, removed from the district. Re- cess appointment requiring confirmation. Willard State Hospital June 3. Fred J. Manro of Auburn as a manager, to succeed himself, for a term ending De- cember 31, 1913. Confirmed June 3. Gowanda State Homeopathic Hospital May 23. Albert J. Frantz, M. D., of Canoga as a manager, to succeed himself, for a term ending December 31, 1913. Confirmed May 23. May 23. William N. Wallace of Gowanda as a manager, to succeed himself, for a term ending December 31, 1910. Confirmed May 23. May 23. Laura K. Larmouth of Jamestown as a manager, to succeed herself, for a term ending December 31, 191 1. Confirmed May 23. Middletown State Homeopathic Hospital May 20. James B. Carson of Middletown as a mana- ger, to succeed himself, for a term ending December 31, 1913. Confirmed May 22. May 20. Otis H. Cutler of Suffern as a manager, to succeed himself, for a term ending De- cember 31, 1907. Confirmed May 22. 212 Public Papers of Governor Hughes June 6. Newbold Morris of New York as a mana- ger, to succeed Otis H. Cutler, declined the appointment, for a term ending De- cember 31, 1907. Confirmed June 13. Nezv York State Hospital for the Treatment of Incipient Pul- monary Tuberculosis June 3. John H. Pryor, M. D., of Buffalo as a trus- tee, to succeed Elmer E. Larkin, for a term ending April 16, 191 1. Confirmed June 6. June 3. Martin E. McClary of Malone as a trustee, to succeed himself, for a term ending April 16, 1912. Confirmed June 6. June 3. Willis E. Macdonald, M. D., of Albany as a trustee, to succeed John H. Pryor, M. D., for a term ending April 16, 1908. Con- firmed June 6. Craig Colony for Epileptics May 22. Frederick Peterson, M. D., of New York as a manager, to succeed himself, for a term ending May 16, 1910. Confirmed May 22. May 22. Mary E. Joy of Syracuse as a manager, to succeed herself, for a term ending May 16, 1910. Confirmed May 22. May 22. Percy L. Lang of Waverly as a manager, to succeed himself, for a term ending May 16, 1910. Confirmed May 22. May 22. Daniel B. Murphy of Rochester as a mana- ger, to succeed himself, for a term end- ing May 16, 1910. Confirmed May 22. New York State Training School for Girls June 3. Henry L. K. Shaw, M. D., of Albany as a manager, to succeed Henry E. Mereness, M. D., for a term ending December 31, 191 2. Confirmed June 6. Appointments 213 June 3. George A. Lewis of Buffalo as a manager, to succeed himself, for a term ending De- cember 31, 1908. Confirmed June 6. June 3. Simon Frank Rothschild of Brooklyn as a manager, to fill the vacancy created by the resignation of Frank G. Cunley, for a term ending December 31, 1909. Con- firmed June 6. July 27. Nathaniel H. Levi of Brooklyn as a mana- ger, to succeed Simon Frank Rothschild, declined the appointment. Recess appoint- ment requiring confirmation. Western House of Refuge for Women Feb. 20. Helen Z. M. Rodgers of Buffalo as a mana- ger, to succeed Orville H. Taylor, for a term ending December 31, 191 2. Con- firmed February 21. Feb. 20. John W. Le Seur, M. D., of Batavia as a manager, to fill the vacancy created by the resignation of Howard A. Maynard. Confirmed February 21. State Agricultural and Industrial School Feb. 21. George F. Roth of Rochester as a mana- ger, to succeed himself, for a term ending in February, 1910. Confirmed Febru- ary 21. Feb. 21. Uriel B. Moses of Lima as a manager, to succeed himself, for a term ending in February, 1910. Confirmed February 21. Feb. 21. John F. White of Rochester as a manager, to succeed himself, for a term ending in February, 1910. Confirmed February 21. Feb. 21. John M. Lee, M. D., of Rochester, to suc- ceed himself, for a term ending in Febru- ary, 1910. Confirmed February 21. 214 Public Papers of Governor Hughes Feb. 21. William Bausch of Rochester as a mana- ger, to succeed himself, for a term end- ing in February, 1910. Confirmed Febru- ary 21. State Board of Managers of Reformatories June 6. Henry Melville of New York as a member, to succeed himself, for a term ending De- cember 31, 1913. Confirmed June 13. July 27. Maurice M. Wall of Buffalo as a member, to fill the vacancy created by the resigna- tion of Charles F. Howard, M. D. Recess appointment requiring confirmation. June 6. John F. Herbert of Kingston as a member, to succeed himself, for a term ending June 14, 1913. Confirmed June 13. June 6. Frank B. Hoornbeek of Ellenville as a mem- ber, to succeed himself, for a term ending June 14, 1913. Confirmed June 13. New York State Reformatory for Women Feb. 21. Joseph Barrett of Katonah as a manager, to succeed himself, for a term ending T)e- cember 31, 1912. Confirmed February 21. 1 -'•-:■. 1 State Custodial Asylum for Feeble-Minded Women July 19. Sarah F. Armstrong of Penn Yan as a manager, to succeed Nellie R. Hotchkiss, for a term ending May 14, 1913. Con- firmed July 24. July 19. Albert P. Fowler of Syracuse as a manager, to succeed Edwin K. Burnham, for a term ending May 14, 191 3. Confirmed July 24. July 19. Benjamin B. Chace of Rochester as a mana- ger, to succeed Ellery G. Allen of Farm- ington, for a term ending May 14, 1913. Confirmed July 24. Appointments 215 July 19. Robert Dey of Syracuse as a manager, to succeed Walter F. Marks, for a term ending May 14, 191 1. Confirmed July 24. Rome State Custodial Asylum June 3. James A. Douglass of Oriskany Falls as a manager, to succeed himself, for a term ending March 20, 191 3. Confirmed June 6. June 3. Thomas R. Proctor of Utica as a manager, to succeed Jacob Agne, for a term ending March 20, 1913. Confirmed June 6. June 3. Francis K. Kernan of Utica as a manager, to fill the vacancy created by the resigna- tion of Byram L. Winters, for a term . ending March 20, 1913. Confirmed June 6. June 3. Frederick Morgan Davenport of Clinton, to succeed Jim Stevens, for a term ending March 20, 1913. Confirmed June 6. June 3. Thomas W. Singleton of Rome, to succeed himself, for a term ending March 20, 1 91 3. Confirmed June 6. June 3. Archer D. Babcock of Syracuse as a manager, ger, to succeed himself, for a term ending March 20, 191 1. Confirmed June 6. Thomas Indian School June 3. William S. Lawton of North Collins as a manager, to succeed himself, for a term ending March 14, 1913. Confirmed June 3. June 3. Lilla C. Wheeler of Portville as a manager, to succeed herself, for a term ending March 14, 1913. Confirmed June 3. June 3. Alfred L. Jimeson of West Salamanca as a manager, to succeed himself, for a term ending March 14, 1913. Confirmed June 3. June 3. Irving R. Leonard of Gowanda as a mana- ger, to succeed himself, for a term end- ing March 14, 1913. Confirmed June 3. 216 Public Papers of Governor Hughes June 3. Samuel G. Keyes of Gowanda as a mana- ger, to succeed himself, for a term end- ing March 14, 1913. Confirmed June 3. Oct. 16. Samuel G. Keyes of Gowanda as a mana- ger, to succeed himself, failed to qualify. Recess appointment requiring confirmation. June 3. Newton A. Chaffee of Gowanda as a mana- ger, to succeed himself, for a term ending March 14, 1913. Confirmed June 3. June 3. John Schoepflin of Hamburg as a mana- ger, to succeed himself, for a term ending March 14, 19 13. Confirmed June 3. June 3. Henry R. Howland of Buffalo as a mana- ger, to succeed himself, for a term ending March 14, 1913. Confirmed June 3. June 3. William Hatch of Akron as a manager, to fill the vacancy created by the resigna- tion of Wallace Jemison, for a term end- ing March 14, 191 3. Confirmed June 3. June 3. Theodore Jemison of the Cattaraugus Reservation as a manager, to succeed Cornelius Seneca, for a term ending March 14, 1913. Confirmed June 3. July 23. Theodore L. Jimerson of the Cattaraugus Reservation as a manager, to correct misnomer, and succeeding Cornelius Seneca, for a term ending March 14, 1913. Confirmed July 24. New York State School for the Blind May 27. Frank W. Severne of Watkins as a trustee, to succeed William F. Huyck, for a term ending April 4, 1913. Confirmed May 29. May 27. George E. Perrin of Batavia as a trustee, to succeed himself, for a term ending April 4, 1913. Confirmed May 29. Appointments 217 May 27. Edward R. O'Malley of Buffalo as a trus- tee, to fill the vacancy created by the resignation of Belle F. Mayer, for a term ending April 4, 1913. Confirmed May 29. May 27. George Francis Wheelock of Moscow as a trustee, to succeed himself, for a term ending April 4, 191 1. Confirmed May 29. New York State Soldiers and Sailors' Home June 3. William H. Nichols of Bath as a trustee, to succeed himself, for a term ending April 16, 1910. Confirmed June 3. Washington's Headquarters' June 6. Charles D. Robinson of Newburg as a trus- tee, to succeed himself, for a term ending April 1, 1912. Confirmed June 13. June 6. James G. Graham of Newburg as a trustee, to succeed himself, for a term ending April 1, 1912. Confirmed June 13. Sept. 23. John Deyo, M. D., of Newburg as a trustee, to succeed the Rev. William K. Hall, de- ceased. Recess appointment requiring confirmation. Commissioners of Prisons (Chapter 381, Laws of 1907) June 17. Thomas W. Hynes of Brooklyn as a commis- sioner, for a term ending June 21, 1908. Confirmed June 21. June 17. Sarah L. Davenport of Bath as a commis- sioner, for a term ending June 21, 1908. Confirmed June 21. June 17. Richard L. Hand of Elizabethtown as a com- missioner, for a term ending June 21, 1909. Confirmed June 21. Sept. 9. Edgar A. Newell of Ogdensburg as a com- missioner, to succeed Richard L. Hand, re- signed. Recess appointment requiring con- firmation. 2i8 Public Papers of Governor Hughes June 17. Roger P. Clark of Binghamton as a com- missioner, for a term ending June 21, 1909. Confirmed June 21. June 17. Francis C. Huntington of New York as a commissioner, for a term ending June 21, 1 910. Confirmed June 21. June 17. Nathan Bijur of New York as a commis- sioner, for a term ending June 21-, 1910. Confirmed June 21. Oct. 29. Henry Solomon of New York, to fill the vacancy created by the resignation of Nathan Bijur. Recess appointment re- quiring confirmation. June 17. Charles F. Howard, M. D., of Buffalo as a commissioner, for a term ending June 21, 191 1. Confirmed June 21. Members of the Board of Parole (Chapter 467, Laws of 1907) July 2. Gherardi Davis, of New York, original ap- pointment. Recess appointment requiring confirmation. July 2. George A. Lewis, of Buffalo, original ap- pointment. Recess appointment requiring confirmation. July 24. Eugene Smith of New York as a member, to succeed Gherardi Davis, resigned, for a term ending July 24, 1912. Confirmed July 24. July 24. George A. Lewis of Buffalo as a member, for a term ending July 24, 191 2. Confirmed July 24. Sept. 14. Albion V. Wadhams of Wadhams as a mem- ber, to succeed Eugene Smith, declined. Recess appointment requiring confirmation. County Treasurer of Rockland County June 11. Walter G. Hamilton of Stony Point, to fill the vacancy created by the resignation of William G. Randolph. Confirmed June 11. Appointments 219 Commissioners of the Palisades Interstate Park March 21. Nathan F. Barrett of New Rochelle as a commissioner, to succeed himself, for a term ending February 12, 1912. 'Con- firmed March 21. March 21. Abram De Ronde of Englewood, N. J., as a commissioner, to succeed himself, for a term ending February 12, 1912. Con- firmed March 21. Loan Commissioner May 8. Charles Everett Kiff of Delhi as a commis- sioner, to succeed William B. Woodruff, for a term ending April 24, 1909. Con- firmed May 8. Aug. 27. Cornelius Dumond of Ulster county as a com- missioner, to succeed James C. Case, de- ceased. Recess appointment requiring con- firmation. Agent of the Onondaga Indians Residing on the Onon- daga Reservation June 6. Oliver Nichols of South Onondaga, to suc- ceed himself, for a term ending May 28, • 1908. Confirmed June 13. Agent of the Onondaga Indians Residing on the Alle- gany,- Cattaraugus, Tuscarora and Tonawanda Reservations Aug. 15. Emily P. Lincoln of Iroquois, to succeed George I. Lincoln, deceased, for a term ending January 21, 1908. Recess appoint- ment requiring confirmation. New York Electrical Workers' Union June 6. As members of the executive board: M. R. Jarvis, William J. Sullivan, John Gross- man, C. F. Nosker, John S. McCabe, G. W. Lawrence, Frank Merklein, David L. Webb, Benjamin Reichnitz, William P. Merrill, John F. Hogan. Confirmed June 13. 220 Public Papers of Governor Hughes. Judiciary. Justice of the Supreme Court of and for the Seventh Judicial District Oct. 7. Samuel Nelson Sawyer of Palmyra, to suc- ceed James W. Dunwell, deceased. The Miscellaneous Reporter (Chapter && of the Laws of 1906) Jan. 14. Charles C. Lester of Saratoga Springs, to succeed himself, for a term ending July 1, 1911. County Judge and Surrogate of Chenango County Jan. 2. John H. Hicks of Norwich, to fill the vacancy created by the resignation of Albert F. Gladding. Confirmed January 2. Justice of the City Court of the City of New York Jan. 14. William H. Wadhams of New York, to fill the vacancy caused by the resignation of Samuel Seabury. County Judge of Cayuga County April 17. Hull Greenfield of Auburn, to fill the vacancy created by the death of Adolphus H. Searing. Confirmed April 17. Judge of the Court of General Sessions of the City and County of New York (Chapter 412, Laws of 1907) July 18. Charles S. Whitman of New York. Original appointment. County Judge and Surrogate of Wayne County Oot. 25. Clyde W. Knapp of Lyons, to succeed S. Nel- son Sawyer, resigned. Surrogate of and for the County of New York Dec. 2. Charles H. Beckett of New York, to succeed Frank T. Fitzgerald, deceased. Honorary Appointments National Commerce Convention January 12, 1907. Delegates to National Convention 1 for the Extension of the Foreign Commerce of the United States, to be held at Washington, D. C, beginning on Janu- ary 14th: Arthur B. Payne, Brooklyn. Ansley Wilcox, Buffalo. Hon. James G. Cutler, Rochester. Hon. Thomas M. Osborne, Auburn. William F. Gurley, Troy. Jacob Gould Schurman, Ithaca. Frank S. Witherbee, Port Henry. William J. Clark, Schenectady. Hon. John K. Stewart, Amsterdam. A. Augustus Healy, Brooklyn. J. J. Washburn, Batavia. W. H. Marshall, Schenectady. John C. Eames, New York. Charles H. Steinway, New York. Philip T. Dodge, New York. Henry Dalley, New York. Hon. Otis H. Cutler, New York. Arthur B. Waring, Yonkers. George F. Johnson, Endicott. National Highway Congress March 8, 1907. Delegates to the National Congress, State Highway Commissioners, to be held in Pittsburg, Pa., March 12-13, 1907: Frank D. Lyon, Binghamton. Edmund F. Van Hoesen, Albany. Frank L. Getman, Ithaca. J. Y. McClintock, Rochester. George C. Diehl, Buffalo. Stephen Ryan, Buffalo. 221 222 Public Papers of Governor Hughes Conference of the American Medical Association March 21, 1907. Delegate to the Third Annual Confer- ence of the Council on Medical Education of the American Medical Association, to beheld in Chicago, 111., April 29, 1907 : George E. Gorham, M. D., Albany. National Arbitration and Peace Congress* April 12, 1907. Delegates to the National Arbitration and Peace Congress, to be held in New York April 14-17, 1907: Senators Hon. Alfred R. Page, New York. Hon. Francis M. Carpenter, Mount Kisco. Hon. George B. Agnew, New York. Hon. Otto G. Foelker, Brooklyn. Hon. Charles H. Fuller, Brooklyn. Hon. John P. Cohalan, New York. Hon. William Sohmer, New York. Members of Assembly Hon. J. Mayhew Wainwright, Rye. Hon. Ezra P. Prentice, New York. Hon. Charles F. Murphy, Brooklyn. Hon. Frederick D.-Wells, New York.' Hon. Warren I. Lee, Brooklyn. Hon. Beverly R. Robinson, New York. Hon. Leopold Prince, New York. Hon. Owen W. Bohan, New York. League of American Sportsmen April 22, 1907. Delegates to the ninth annual meeting of ' the League of American Sportsmen at Norfolk, Va., May 6 and 7, 1907: James S. Whipple, Salamanca. R. W. Pomeroy, Buffalo. Appointments 223 Jamestown Exposition May 27, 1907. To act as vice-president of a reunion of the descendants of the signers of the Declaration of Independence, at the Jamestown Exposition, on July 4, 1907 : Nicoll Floyd, Jr., New York. National Conference on Charities and Correction. June 1, 1907. Delegates to represent the State of New York at the Thirty-fourth National Conference on Charities and Correction, to be held in Minneapolis, Minn., June 12-19, 1907: William Rhinelander Stewart, New York. Robert W. Hebberd, New York. Thomas M. Mulry, New York. Frederick Almy, Buffalo. Mrs. W. W. Armstrong, Rochester. Dennis McCarthy, Syracuse. Charles W. Pilgrim, M. D., Poughkeepsie. Nathan Bijur, New York. Edward T. Devine, New York. Homer Folks, New York. Mrs. Tunis G. Bergen, Brooklyn. William H. Gratwick, Buffalo. International Congress at Rome June 7, 1907. Delegate to the Ninth International Congress for the Prevention of Accidents to Labor (at Rome, Italy) : William H. Tolman, New York. National Prison Association. August 28, 1907. Delegates to attend the annual meeting of the National Prison Association, to be held in Chicago, 111., be- ginning September 14, 1907 : Charles F. Howard, M. D., Buffalo. Cornelius V. Collins, Troy. 224 Public Papers of Governor Hughes Joseph F. Scott, Elmira. Homer Folks, New York. Frank B. Hoornbeek, Ellenville. National Conference on Taxation August 28, 1907. Delegates to represent the State at the National Conference for the consideration of the subject of State and Local Taxation, to be held in Columbus, O., be- ginning November 12, 1907: Lawson Purdy, New York. Prof. Edwin R. A. Seligman, New York. Hon. Egburt E. Woodbury, Jamestown. National Conference on Trusts August 28, 1907. Delegates to represent the State at the National Conference on Trusts and Combinations, to be held in Chicago, 111., beginning October 22, 1907: Nicholas Murray Butler, New York. Samuel Gompers, New York. Seth Low, New York. Dr. Albert Shaw, New York. Lyman Abbott, New York. J. W. Jenks, Ithaca. Herman Ridder, New York. Richard Watson Gilder, New York. Isaac N. Seligman, New York. Hamilton Holt, New York. James Bronson Reynolds, New York. Nathan Straus, New York. G. E. Emmons, Schenectady. F. R. Hazard, Syracuse. Grange Sard, Albany. October 14: W. B. Howland, New York. Marcus M. Marks, New York. Appointments 225 Timothy Healy, New York. Paul M. Warburg, New York. Robert E. Simon, New York. October 16: V. Everit Macy, Ossining. Congress on the Welfare of the Child. October 25, 1907. Delegate to represent the State at the First International Congress in America on the Welfare of the Child, to be held in Washington, D. C, March 10-17, 1908 : Mrs. David O. Mears, Albany. American Mining Congress October 25, 1907. Delegates to represent the State at the Tenth Annual Meeting of the American Mining Congress, to be held in Joplin, Mo., beginning November n, 1907: Cleveland H. Dodge, New York. T. H. Tracy, New York. James Gayley, New York. W. P. Pressinger, New York. Henry Demmert, New York. Walter Renton Ingalls, New York. J. Parke Channing, New York. J. R. Finlay, New York. John Hays Hammond, New York. Dr. James Douglas, New York. National Drainage Congress October 30, 1907- Delegates to represent the State at the Congress of the National Drainage Association, to be held in Baltimore, Md., November 25 and 26, 1907 : H. M. Wilson, Washington, D. C. William R. Hill, Albany. William J. Matheson, New York. 8 226 Public Papers of Governor Hughes Alvah H. Doty, M. D., New York. George A. Soper, New York. Allen Hazen, New York. Rudolph Hering, New York. National Rivers and Harbors Conference November 4, 1907. Delegates to represent the State at the Convention of the National Rivers and Harbors Conference, to be held in Washington, D. C, December 4, 5 and 6, 1907 : Hon. Frederick C. Stevens, Attica. Hon. John D. Kernan, Utica. Frank S. Witherbee, Port Henry. Atlantic Deeper Waterways Conference November 4, 1907. Delegates to represent the State at the Atlantic Deeper Waterways Conference, to be held in Phila- delphia, Pa., November 19 and 20, 1907: George Clinton, Buffalo. Frank Brainard, New York. Henry B. Hebert, New York. - H. de B. Parsons, New York. Alfred Nobles, New York. International Fishery Congress November 11, 1907. Delegate to represent the State at the International Fishery Congress, to be held in Washington, D. C, September 22-28, 1908: Hon. James S. Whipple, Salamanca. Hudson-Fulton Celebration Commission December 27, 1907. As members of tfie Hudson-Fulton Celebration Commission : Arthur MacArthur, Troy. Charles H. Armitage, Albany. Frederick J. Collier, Hudson. VIII DESIGNATIONS 227 VIII DESIGNATIONS Court Designations NAME Peter B. McLennan . Walter Lloyd Smith. Albert H. Sewell... . James A. Robson. James A. Robson .... James A. Robson. Henry B. Coman. . DESIGNATION Redesignation as Presiding Justice of the Appellate Division, Fourth Department. Redesignation as Presiding Justice of the Appellate Division, Third Department. Designation to Ap- pellate Division, Third Depart- ment. Designation to Ap- pellate Division. Fourth Depart- ment. Designation to Ap- pellate Division, Fourth Depart- ment. Designation to Ap- pellate Division, Fourth Depart- ment. Temporary Desig- nation to Appel- late Division, Third Depart- ment. Redesignated Janu- ary i, 1907. Designated Janu- ary 1, 1907. Designated Janu- ary 1, 1907. Designated Janu- ary 1, 1907. Revoked at own re. quest January 3, 1907. Designated Janu- ary 8, 1907. Designated August 2, 1907. 229 230 Public. Papers of Governor Hughes Henry B. Coman Temporary Desig- Revoked; on Au- nation to Appel- gust 5, 1907; late Division, Presiding Justice Third Depart- having certified ment. that the occasion for the appoint- ment had ceased to exist on Aug. 3- Alden Chester Redesignation to Redesignated No- Appellate Di- vemher ir, 1907. vision, Third Department. Chester B. McLaugh- Redesignation to Redesignated No- lin Appellate Di- vember 16, 1907. vision, First De- partment. Designation of the Attorney=GeneraI to Represent the People at Plattsburg in Certain Proceedings for Violation of the Liquor Tax Law State of New York — Executive Chamber Albany, April 12, 1907 Hon. William Schuyler Jackson, Attorney-General of the State of New York, Capitol, Albany, N. Y. : Dear Sir. — Pursuant to the provisions of section 52 of chapter 683 of the Laws of 1892, I hereby require that you, as Attorney-General of this State, attend in person, or by one of your deputies, a term of the Supreme Court appointed to be held in and for the county of Clinton, at Plattsburgh, the county seat of said county, on the 15th day of April, 1907, and that you in person, or by said deputy, appear before the grand jury thereof, for the purpose of managing, presenting and con- Designations 231 ducting before said grand jury all criminal actions and pro- ceedings for violation of the Liquor Tax Law committed in said county of Clinton during the month of March, 1907, by the following named persons, viz. : P. A. Lapan, Mooers Forks. John J. Burns, Redford. Eli J. Goven, Champlain. Barnaby Gauthier, Redford. Joseph Abood, Sciota. Arthur Courteur, Rouse's Point. John B. Mayo, Rouse's Point. Henry Pombrio, Sciota, and against E. J. Goven, committed in December, 1906, and that in person, or by your said deputy, in the place and stead of the district attorney of Clinton county, you exercise all the powers and perform all the duties conferred upon you under the provisions of said section 52 and this requirement made thereunder. (Signed) CHARLES E. HUGHES Designation of the Attorney=General to Represent the People at a Term of the Supreme Court to be Held in Orleans County and Conduct Proceedings Against Eugene A. Georger State of New York — Executive Chamber Albany, September 14, 1907 Hon. William Schuyler Jackson, Attorney-General of the State of New York, Albany, N. Y. : Sir. — Pursuant to the provisions of section 52 of chapter 683 of the Laws of 1892 I hereby require that you, the Attor- 232 Public Papers of Governor Hughes ney-General of this State, attend in person or by one of your deputies a term of the Supreme Court appointed to be held in and for the county of Orleans on the third Monday of Sep- tember, 1907, to wit, on the 16th day of September, 1907, and at such later term or terms of said court as may be ap- pointed or fixed, for the purpose of managing and conducting in and before said court all criminal actions and proceedings therein pending (the same having been removed for trial to said court in and for said county of Orleans from the county of Erie) against Eugene A. Georger, the charge in one of said indictments being perjury and the charge in the other said indictments being grand larceny; and that, in person or by your deputy, in the place and stead of the district attorneys of Erie county and of Orleans county you exercise all the powers and perform all the duties conferred upon you by said section 52 and this requirement made thereunder. (Signed) CHARLES E. HUGHES Designation of the Attorney=General to Represent the People at Binghamton in Certain Proceedings Before the Grand Jury Concerning Roger P. Clark, District Attorney of Broome County State of New York — Executive Chamber Albany, September 17, 1907 Hon. William Schuyler Jackson, Attorney-General of the State of New York, Capitol, Albany, N. Y. : Sir. — ■ Whereas a petition has this day been presented to me signed Geo. W. Dunn, Stephen C. Millard, S. L. Smith, Geo. B. Curtiss, Celora E. Martin, J. H. Chittenden, Henry L. Beach, Harvey D. Hinman, F. W. Jenkins, B. W. Mosher and H. N. Gardner, which reads as follows: Designations 233 " On September 12, 1907, the Evening Herald of Bingham- ton, N. Y., charged Hon. Roger P. Clark, district attorney of Broome county, with the commission of a felony in that he had violated section 166 of the Penal Code of the State of New York. " This charge, if true, demands the indictment of the district attorney, and if false, the indictment of all concerned in the publication thereof. There being no assistant district attorney in Broome county, we, the undersigned, citizens of the city of Binghamton, county of Broome and State of New York, do hereby respectfully ask your Excellency to exercise the power given you by section 55 of the Executive Law in reference to the enforcement of the provisions of section 52 of such law." Now, therefor, pursuant to the provisions of section 52 of chapter 683 of the Laws of 1892, 1 hereby require that you, the Attorney-General of the State of New York, attend in person or by one of your deputies a term of the Supreme Court ap- pointed to be held in and for the county of Broome at Bing- hamton, the county seat of said county, on the 16th day of September, 1907, and that you in person, or by said deputy, appear before the grand jury thereof on the 18th of Sep- tember, 1907 (to which time the organization of said grand jury was postponed by said court), for the purpose of manag- ing and conducting an inquiry to ascertain whether or not said Roger P. Clark, district attorney of Broome county, has been guilty of violation of section 166 of the Penal Code of the State of New York, and to ascertain whether or not the article mentioned in the petition aforesaid constitutes a criminal libel, and if it does constitute a criminal libel, to ascertain what per- son or persons are answerable therefor, and for the purpose of managing, presenting and conducting before said grand jury all criminal actions and proceedings for violation of said sec- tion 166 of the Penal Code by said district attorney, which may appear or be made to appear, and for the purpose of managing, presenting and conducting before said grand jury all criminal actions and proceedings for violation of chapter 8 of title 9 of said Penal Code, relating to criminal libel, in con- 234 Public Papers of Governor Hughes nection with the publication of the article referred to in the aforesaid petition, which may appear or be made to appear, and I hereby further require that you, the Attorney-General of this State, attend in person or by one of your deputies said term of said court and at such later term or terms of said court as may be appointed or fixed, for the purpose of managing and conducting in and before said court all criminal actions and proceedings under or by virtue of any and all indictments which may be found by the aforesaid grand jury for or by reason of any of the matters or things hereinbefore specified, mentioned or referred to, and That in person or by your deputy in the place and stead of the district attorney of Broome county, you exercise all the powers and perform all the duties conferred upon you under the provisions of said section 52 and this requirement made thereunder. (Signed) CHARLES E. HUGHES Designation and Appointment of an Additional Attorney to Represent the People in Broome County State of New York — Executive Chamber Designation and appointment of additional attorney and counsel under section 55 of the Executive Law. Whereas, the Governor of the State of New York has issued a requirement to the Attorney-General of the State of New York, which reads as follows : " Whereas a petition has this day been presented to me signed Geo. W. Dunn, Stephen C. Millard, S. L. Smith, Geo. B. Curtiss, Celora E. Martin, J. H. Chittenden, Henry L. Beach, Harvey D. Hinman, F. W. Jenkins, B. W. Mosher and H. N. Gardner, which reads as follows: Designations 235 " ' On September 12, 1907, the Evening Herald of Bingham- ton, N. Y., charged Hon. Roger P. Clark, district attorney of Broome county, with the commission of a felony in that he had violated section 166 of the Penal Code of the State of New York. " ' This charge, if true, demands the indictment of the district attorney, and if false, the indictment of all concerned in the publication thereof. There being no assistant district attorney in Broome county, we, the undersigned, citizens of the city of Binghamton, county of Broome and State of New York, do hereby respectfully ask your Excellency to exercise the power given you by section 55 of the Executive Law in reference to the enforcement of the provisions of section 52 of such law.' " Now, therefore, pursuant to the provisions of section 52 of chapter 683 of the Laws of 1892, I hereby require that you, the Attorney-General of the State of New York, attend in person or by one of your deputies a term of the Supreme Court appointed to be held in and for the county of Broome at Binghamton, the county seat of said county, on the 16th day of September, 1907, and that you in person, or by said deputy, appear before the grand jury thereof on the 18th of Septem- ber, 1907 (to which time the organization of said grand jury was postponed by said court), for the purpose of managing and conducting an inquiry to ascertain whether or not said Roger P. Clark, district attorney of Broome county, has been guilty of violation of section 166 of the Penal Code of the State of New York, and to ascertain whether or not the article mentioned in the petition aforesaid constitutes a crim- inal libel, and if it does constitute a criminal libel, to ascertain what person or persons are answerable therefor, and for the purpose of managing, presenting and conducting before said grand jury all criminal actions and proceedings for violation of said section 166 of the Penal Code by said district attorney, which may appear or be made to appear and for the purpose of managing, presenting and~ conducting before said grand jury all criminal actions and proceedings for violation of chapter 8 of title 9 of said Penal Code, relating to criminal libel, in con- 236 iPublic Papers of Governor Hughes nection with the publication of the article referred to in the aforesaid petition, which may appear or be made to appear, and " I hereby further require that you, the Attorney-General of this State, attend in person or by one of your deputies, said term of said court and at such later term or terms of said court as may be appointed or fixed, for the purpose of manag- ing and conducting in and before said court all criminal actions and proceedings under or by virtue of any and all indictments which may be found by the aforesaid grand jury for or by reason of any of the matters or things hereinbefore specified, mentioned or referred to, and " That in person or by your deputy in the place and stead of the district attorney of Broome county, you exercise all the powers and perform all the duties conferred upon you undei the provisions of said section 52 and this requirement made thereunder." Therefore, in pursuance of the authority conferred upon me by section 55 of the Executive Law, and it appearing to my satisfaction that the public interest requires it, I do hereby designate and employ Edgar T. Brackett of Saratoga Springs, Saratoga county, N. Y., as attorney and counsel to assist in the transaction of the legal business mentioned in the require- ment hereinbefore set forth, and to assist in the management, presentation, conducting and prosecution of the inquiries, criminal actions, proceedings and prosecutions therein men- tioned and in the trial thereof, and to perform all such ser- vices with reference to said business as may be necessary or proper. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany this seventeenth [l. s.] day of September in the year of our Lord one thousand nine hundred and seven. (Signed) CHARLES E. HUGHES By the Governor: George Curtis Treadwell Acting Secretary to the Governor Designations 237 Designation of Attorney=General to Represent the People in Erie County at a Term of the Supreme Court and Conduct Proceedings Against Arthur E. Appleyard and Paul Werner . State of New York — Executive Chamber Albany, October 31, 1907 Hon. William Schuyler Jackson, Attorney-General of the State of New York, Capitol, Albany, N. Y.: Sir. — Pursuant to the provisions of section 52 of chapter 683 of the Laws of 1892, I hereby require that you, the At- torney-General of this State, attend, in person, or by one of your deputies: 1. A term of the Supreme Court, appointed to be held in and for the county of Erie, on the first Monday of November, 1907, and at such later term or terms as may be appointed or fixed, for the purpose of managing and conducting, in and be- fore said court, all criminal actions and proceedings therein pending against Arthur E. Appleyard and against Paul Wer- ner, the charge in the indictment against the said Appleyard being grand larceny, and the charge in the indictment against said Werner being perjury; 2. Any session or sitting of the grand jury of the county of Erie, whenever and as the same may be or become necessary or proper, for the purpose of managing and conducting, in and before said grand jury, any and all proceedings, examinations or inquiries which may be had or taken, by or before said grand jury, upon, concerning or relating to any criminal charge against any person growing out of the insolvency of the German Bank (formerly a domestic corporation or association located at Buffalo, Erie county, N. Y), or arising or growing out of the business, transactions or affairs of the said German Bank, or of its officers or directors or other persons with said bank; 238 Public Papers of Governor Hughes And that, in person, or by your deputy, in the place and stead of the district attorney of Erie county, you exercise all the powers and perform all the duties conferred upon you by said section 52 and this requirement made thereunder. (Signed) CHARLES E. HUGHES Designation of Members of the Land Purchase Board to Act with the Forest, Fish and Game Commissioner Martin H. Glynn, Comptroller, January 28, 1907. James W. Wadsworth, Jr., Speaker of the Assembly, Janu- ary 28, 1907. Designation of Special Counsel Job E. Hedges, New York, February 19, 1907. To assist the Board of Railroad Commissioners in the in- vestigation of the accident on February 16, 1907, on the Har- lem Division of the New York Central and Hudson River Railroad. IX SPECIAL TERM OF COURT 280 IX SPECIAL TERM OF COURT ; Extraordinary Trial Term JUDGE. PLACE. ACTION TAKEN BY GOVERNOR. Watson M. Rogers . . Plattsburg, Clinton Designated on May county, on June 15, 1907, to hold 10, 1907 extra ordinary trial term. X REMOVAL PROCEEDINGS AND COM- PLAINTS 243 x REMOVAL PROCEEDINGS AND COMPLAINTS Superintendent of Insurance — Proceedings for the Re= moval of Otto Kelsey Governor Hughes on January 31, 1907, asked Otto Kelsey, Superintendent of Insurance, to resign his office. Mr. Kelsey on February 12, 1907, made the following reply to this re- quest. State of New York — Executive Chamber Albany, February 12, 1907 Hon. Charles E. Hughes, Governor Executive Chamber, Albany, N. Y. : Dear Sir. — ■ I am unable to comply with your request for my resignation from the office of Superintendent of Insurance for the State of New York. The office was assumed by me May 17, 1906, after appoint- ment by Hon. Frank W. Higgins, then Governor, and con- firmation, by the Senate, the vote being unanimous therefor.. I have served faithfully through months of overcrowding work and critical conditions arising from the San Francisco conflagration, affecting the branch of fire insurance, and new statutes and changed circumstances resulting from the legis- lative investigation and report upon the affairs of life insur- ance. The Department supervision of the elections of directors in domestic life insurance corporations added an immense volume of technical labor to the ordinary routine, and under new laws, preparation was necessary for the extended and complex statistical statements, standard forms, and reports hereafter required from life insurance corporations, and the rulings and interpretation, of new provisions regulating the transaction of their business exacted continuous deliberation upon and a decision of questions presented. 245 246 Public Papers of Governor Hughes In the arduous task I consulted frequently with the At- tory-General and advised Governor Higgins fully as to prog- ress in the Department. In several conferences and their results advice was sought and obtained from a prominent member of the former investigating committee. My official conduct has received the approval of Governor Higgins and has never been censured by any responsible person familiar with the facts and thereby appreciating the difficulties en- countered. Within a few weeks after my accession to office a plan for reorganization of certain branches of the Department was suggested by me and has been since determined upon and will be carried out with the assistance of the Legislature and State Civil Service Commission. Information of this intention was also given to Governor Higgins and was approved by him. I most deeply regret what I believe to be a mistaken opinion upon your part prompting a demand for my resignation. There is no obstacle to your receiving from the Insurance De- partment under my charge the most cordial, disinterested and effective co-operation in all measures for the betterment of administration. There is no other desire in serving the peo- ple of the State than to discharge my full duty to them and to the officers they have placed in control of the State gov- ernment. May I respectfully allude to the fact that, until the moment of announcing your purpose that I must retire from office, no intimation had ever reached me of your dissatisfaction with my department. You will recall that immediately after your inauguration as Governor I addressed to you a brief letter stating my readiness at your pleasure and convenience to advise you as to affairs of the Insurance Department, to which a written reply was received to the effect that you hoped to make an appointment for me within a few days thereafter. Subsequently, at my suggestion, you received a typewritten copy of the text of my official report and expressed a favorable comment upon it. Removal Proceedings and Complaints 247 Between the time of your taking office and your request for my resignation you have not given to me any expression of your views of my conduct of the Insurance Department nor have you called my attention to methods needing correction, nor to changes of plan or policy to bring the Department closer to a different conception of practical administration. So far as I am aware there has been no opportunity afforded upon any matter to test the promptness or willingness of the present Superintendent of Insurance to conform with the views of the present Governor relating to the Department. Having entered upon a term of office fixed by statute at three years and conscious of no cause for abandoning it, I respectfully remonstrate against the proposed summary dis- position of my official life and invite the justice of considering the details of my administration prior to January 1, 1907, and a stating of your criticism and wishes with a view of bringing the Department into accord therewith, if possible. To resign under executive compulsion a trust imposed upon me by your predecessor would to the public appear as an admission of wrongful conduct in office, and would leave my character and reputation defenseless against any odious calumny inspired by any purpose and from any source. For many years I have borne an active part in State affairs and have steadily endeav- ored to merit the favor and confidence of good citizens. It has been my greatest reward to feel that I had succeeded in a measurable degree. From my point of view, a surrender of my position in the manner required would forfeit my self- respect and inevitably incur distrust in me by those whose good opinion I value. I feel most keenly that such action would be held in dishonor, and I am unwilling to subject myself and my family to such a sacrifice: In so deciding I recognize that the alternative of a removal by the Senate clouds my after life with suspicion, but I cannot as an honest man do otherwise than abide by my convictions of duty. Respectfully OTTO KELSEY Superintendent of Insurance 248 Public Papers of Governor Hughes Governor Hughes upon February 13, 1907, made the reply given below to Mr. Kelsey's letter: February 13, 1907 Hon. Otto Kelsey, Superintendent of Insurance, Albany, N. Y.: Dear Sir. — I have received your letter of the 12th instant. It is unnecessary for me to repeat to you what I said in our interview regarding the reasons for the conclusion that it was my duty to ask for your resignation. To the fullest extent compatible with the public interest, I have endeavored to show consideration for your personal position, and I regret that you have seen fit to take the attitude stated in your letter. Yours truly (Signed) CHARLES E. HUGHES Later, on February 18th, Governor Hughes sent the fol- lowing letter to Mr. Kelsey: February 18, 1907 To Hon. Otto Kelsey, Superintendent of Insurance, Albany, N. Y.: Sir. — In view of your request for a further consideration of your administration of the office of Superintendent of In- surance, and in accordance with the statute authorizing me, in my discretion, to take proofs, I hereby direct you to appear and testify before me at the Executive Chamber on this 18th day of February, 1907, at half-past two o'clock in the after- noon. Yours truly (Signed) CHARLES E. HUGHES Governor This action was taken in pursuance of -section 22 of the Public Officers Law, which reads as follows: " The governor before making a recommendation to the senate for the removal of any officer may, in his discretion, take proofs for the purpose of determining whether such recommendation shall be' made." Removal Proceedings and Complaints 249 Mr. Kelsey having requested a consideration of his admin- istration, Governor Hughes decided to take his testimony. The Governor was desirous that there should be no misap- prehension about the facts and believed that they could be best presented in this manner.* Upon February 20, 1907, Governor Hughes sent the fol- lowing message to the Senate recommending the removal of Mr. Kelsey from the office of Superintendent of Insurance : State of New York — ■ Executive Chamber Albany, February 20, 1907 To the Senate: I recommend the removal of Otto Kelsey from the office of Superintendent of Insurance. With respect to life insurance, New York is easily the most important jurisdiction in the United States, if not in the world, and the vast interests involved imperatively require, and it should be a point of honor for the State to maintain, a fear- less and efficient administration of its supervising department commanding the confidence of the people. I recommend Mr. Kelsey's removal because as head of this department he has conspicuously failed to perform obvious duties of the first importance, and his neglect has demonstrated his Unfitness for the trust confided to him. Mr. Kelsey took office on the 17th day of May, 1906. His appointment was made soon after Jthe investigation by the joint committee of the Legislature which disclosed gross ir- regularities in the management of life insurance corporations. Official position had been used for private gain, and the money contributed by the policyholders for their mutual protection had been wasted in a scandalous manner. Extravagant sala- ries had been paid, favorites had been permitted to enrich themselves at the expense of the policyholders, an elaborate system had been established for the purpose of controlling legislation in this State and throughout the country, and r " *See' At)pendix*"for testimony of Superintendent Kelsey before Governor Hughes. 250 Public Papers of Governor Hughes enormous sums had been secretly disbursed without proper vouchers. The revelation of these grave abuses in connection with our greatest fiduciary institutions shocked the civilized world, and by the discredit which justly attached to the administration of the Insurance Department humiliated our State. During the period of these abuses every life insurance cor- poration doing business within the State was required by law to make annual reports, to give prompt and verified reply to all inquiries of the Superintendent, and was subject to the examination of the Superintendent as often as he deemed it expedient. Upon such examination the production of all books and papers could be required and officers and agents examined under oath. Not only did this power of supervision exist, but it was supposed to be exercised, and official assurances from time to time were given from which the policyholders had the right to infer that their interests were properly con- served. The Equitable Life Assurance Society had been examined by the Department in 1902, the Mutual Life Insurance Com- pany in 1903 and the New York Life Insurance Company in 1904. In each case the examination continued through many months and purported to be exhaustive, but disclosed none of the improper practices which actually existed and which were subsequently brought to light by the Legislative Committee. In the case of the Equitable the chief examiner reported under date of October 13, 1902, as follows: " The examination was begun in April last and has occu- pied the entire attention of the examining force until the present time. Every facility has been accorded them by the representatives of the company in its endeavor to expedite the w.ork and ample opportunity has always been afforded to investigate and verify the nature of all transactions relating to the conduct of its affairs." At the close of the examination of the Mutual in Sep- tember, 1903, the examiner said: Removal Proceedings and Complaints 251 " If the scope of the investigation were confined solely to ascertaining the fact that the corporation was solvent under the law, that is that its assets were properly invested thereunder and equal to or in excess of liabilities, the time occupied in determining this question would be relatively limited compared to that required to determine likewise whether the company had been managed in the best inter- ests of policyholders, the cost of whose insurance to them in a purely mutual company depends largely upon an intelli- gent administration of its affairs. An examination there- fore of receipts and disbursements for a series of years be- comes necessary if we are to arrive at any idea of the con- duct of a company's business, with the view of confirming the belief that the welfare of all policyholders has been con- served by the character of its management in the past. I believe the time occupied in establishing this fact was amply warranted * * * Every facility was afforded by the company's officers and the heads of its several depart- ments to thoroughly accomplish the work which has been materially expedited by the admirable methods in vogue at the home office in the handling of accounts and keeping of books of initial or final entry." Similarly, in the case of the New York Life in 1904 the same examiner reported: " The result of this work I believe amply justifies the con- clusion that all disbursements found to have been made incidental to the expense of conducting business were in no sense excessive, unreasonable or not warranted. The offi- cers and representatives of the company gave your ex- aminers full and free access to all its records and aided them in every way in their endeavor to accomplish the work thoroughly and expeditiously." Those facts were presented to the Legislature in the re- port of its Committee, which concluded its review of the work of the Department with this statement: " Most of the evils which have been disclosed by the in- vestigation would have been impossible had there been a 252 Public Papers of Governor Hughes vigorous performance of the duties already laid upon the Department, a vigilant watchfulness in the interest of policyholders and a courageous exercise of • the powers which the statute confers." When Mr. Kelsey took office there was a just and in- sistent public demand that the Insurance Department should be purged of those responsible for its derelictions, and that men should be put in charge of its important work in whose capacity and fidelity the people could confide. The Superintendent of necessity had been compelled largely to rely upon the reports of his subordinates, and it was patent that the paramount duty of the new Superintendent in order to insure efficiency in the work of the Department was to remove those who had either been willing to countenance, or had been too inefficient to discover, the abuses, the existence of which had brought the Department supervision into disgrace. Mr. Kelsey had before him the proceedings and the re- port of the Legislative Committee; he was not left in the dark as to the conditions which had existed. In notable instances he had specific information as to those within the Department who were directly responsible for its failure. The examination work in New York city for some years had been in charge of the first deputy. It is inconceivable that had he performed his duty the conditions obtaining in the companies from time to time under examination could have remained undisclosed. The impropriety of continuing him in office was apparent. Yet nine months have elapsed since Mr. Kelsey's appointment and the officer in question still remains first deputy. The extraordinary reports above referred to upon the examination of the three great companies were made by the chief examiner. His testimony before the Legislative Com- mittee showed that his examinations, so far as they were a test of the character of the management, were a farce, and yet his reports clearly permitted the inference, and in one case distinctly stated, that this matter had been thoroughly examined. Nevertheless, the chief examiner was retained Removal Proceedings and Complaints 253 by Mr. Kelsey for about eight months and until his volun- tary resignation in January of this year. Mr. Kelsey gives the barren excuse that he had a large amount of work on hand and needed the services of these men while he was familiarizing himself with the details of the Department. This attitude shows his entire failure to grasp his duty. He was not justified in relying upon the reports of those who had been so conspicuously unfaithful, nor could he properly permit himself to depend for informa- tion as to departmental needs upon those who had misled former Superintendents and could not be supposed to have any sympathy with necessary efforts to reform the De- partment. It is difficult to exaggerate the great importance of the work with which those holding these positions are entrusted — investigating transactions of vast magnitude under conditions calling for the highest degree of confi- dence. It requires the most scrupulous fidelity. The State of New York is not lacking in men qualified to take such positions if one has a mind to seek them. Mr. Kelsey had no right to condone the failings of those who had been proved inefficient, for he owed a duty to the people of the State to put the Department beyond the reach of just criticism and to re-establish the confidence which had been so seriously shaken. It was not his official function to com- miserate or to protect, but it was his duty to take vigorous action which would assure to all that the great business of life insurance in the State of New York was hereafter to be conducted under vigilant supervision. The position of first deputy was exempt from civil ser- vice restrictions. It could have been filled at any time, but Mr. Kelsey made no suitable effort to fill it. It appears that he intended to have a reorganization which he sup- posed might be effected in the early part of this year, pos- sibly by new legislation, but has not yet been effected, and which incidentally would dispose of the first deputy by abolishing the position as it had existed. Meanwhile he thought, by increased vigilance, he could use the present 254 Public Papers of Governor Hughes incumbent. It appears from his testimony submitted here- with that he did not desire to reprimand or dismiss him. The position of chief examiner was in the competitive class. No definite request was made for examinations to provide an eligible list until about the time the chief ex- aminer resigned; nor was there any effort to procure per- mission to fill the place temporarily pending such examina- tions, a permission which doubtless would have been in- stantly granted. Not only did Mr. Kelsey fail promptly to remove these subordinates who had so notoriously failed in their duties, but he made no effort to determine the responsibility of other employees for the grave defects which had existed in the work of the Department. He should have conducted a searching examination to find but whom he could trust, to determine who had been faithful and who faithless. He evidently had no adequate conception of his duties in the premises. Despite the evidence adduced before the Legislative Com- mittee as to the efforts of the companies to control legis- lative and departmental action, and their lavish expendi- tures of moneys for this purpose, Mr. Kelsey made no in- quiries to determine the relations of the men in the Depart- ment in order that he might be advised whether they were under any obligations inconsistent with their duty to the State. The Legislative Committee in its report commented upon the fact that one of the clerks in the Department had been appointed at the instance of Andrew C. Fields, who had been in general charge of the legislative enterprises of the more important companies. This clerk is still in the Department, and although his testimony as to his relations was taken by the Committee it appears that Mr. Kelsey has not read it. There is no satisfactory evidence that Mr. Kelsey en- deavored to master the situation and to put the Department upon a proper basis. With the exception of two or three trifling changes in minor positions having no relation to Removal Proceedings and Complaints 255 this object, all the officers and employees whom he found employed in the Department when he took office he re- tained until the end of the year, and I understand that up to the present time no dismissal has been made for* cause. Undoubtedly the work of the Department has been onerous and has required a large expenditure of time and thought. Nor do I seek to impugn Mr. Kelsey's integrity. j But the more important the work of the Department the greater the need of making it efficient and trustworthy. The assiduity of a departmental chief in attention to the details of routine cannot compensate for the lack of ad- ministrative capacity. The passage of laws will amount to nothing if they are not executed. Provisions for publicity will not avail if the supervision of the State be feeble and inadequate. If examinations in the future are to be of the same description as those in the past, the administration of the Department will not prevent a recurrence of the old abuses. Doubtless in former years superintendents and their assistants have been burdened with work, and before the Legislative Committee much was said of the extent of their activities. But comparatively few hours of well- directed labor would have made the Insurance Investiga- tion unnecessary and would have saved us from the scandal of the past two years. It is my desire that the administration of the Insurance Department should be worthy of the State of New York and that the reputation of its administration should be re- deemed. With the unparalleled size and importance of the interests committed to its care, it should represent the high- est degree of administrative efficiency. There should be no taint of past scandal upon any person connected with it. For the sake not only of the policyholders but of all those in any way connected with the important business of in- surance it should be above reproach. I have been compelled with regret to reach the con- clusion that Mr. Kelsey is not the man to have charge of this Department. His past neglect and the want of force 256 Public Papers of Governor Hughes and initiative already displayed make it unsafe to accept assurances for the future. The excuses that he now makes serve only to place in a more prominent light his miscon- ception of his obligations and of what the people of the State have a right to expect: With this recommendation for his removal by your honorable body, I transmit to you the transcript of his testi- mony taken before me, with his supplementary communica- tion. ' CHARLES E. HUGHES Action of the Senate State of New York — Executive Chamber Albany, May 3, 1907 Pursuant to section 22 of the Public Officers Law (chapter six hundred and eighty-one of the laws of eighteen hundred and ninety-two) we, Lewis Stuyvesant Chanler, President of the Senate, and Lafayette B. Gleason, Clerk of the Senate, do hereby certify that, at the session of the Senate held on the second day of May, nineteen hundred and seven, the President put the following question : " Shall the Senate concur in the recommendation of the Governor for the removal of Otto Kelsey from the office of Superintendent of Insurance," and it was decided in the negative as follows : Ayes — Messrs. Agnew, Armstrong, Burr, Carpenter, Cassidy, Cobb, Cordts, Davis, Dunn, Emerson, Foelker, Fuller, Gates, Gilchrist, Grattan, Heacock, Hinman, Knapp, O'Neill, Page, Saxe, Taylor, Travis, Wemple — 24. Nays — Messrs. Ackroyd, Allds, Boyce, Cohalan, Cullen, Fancher, Franchot, Frawley, Grady, Harte, Hasenflug, Hill, Hooker, McCall, McCarren, McManus, Mullaney, Owens, Removal Proceedings and Complaints 257 Raines, Ramsperger, Smith, Sohmer, Sullivan, Thompson, Tully, White, Wilcox — 27. In witness whereof, we have set our hands and caused the official seal of the Senate of the State [l. s.] of New York to be hereunto affixed this third day of May, 1907. LEWIS STUYVESANT CHANLER President of the Senate LAFAYETTE B. GLEASON Clerk of the Senate Investigation of Insurance Department State of New York — • Executive Chamber To All to Whom These Presents Shall Come, Greet- ings: Know ye that pursuant to section 7 of the Executive Law as added by chapter 539 of the Laws of 1907 I have ap- pointed and by these presents do appoint Matthew C. Fleming, of the city of New York, to examine and investigate the man- agement and affairs of the Insurance Department of the State of New York; The said Matthew C. Fleming is hereby empowered to sub- poena and enforce the attendance of witnesses, to administer oaths and examine witnesses under oath, and to require the production of any books or papers deemed relevant or ma- terial ; And I hereby give and grant unto said Matthew C. Fleming all and singular the powers and authorities which may be given or granted unto a person appointed by me for such purpose under authority of the statute aforesaid. 258 Public Papers of Governor Hughes In witness whereof, I have subscribed my name to these Presents and caused the Privy Seal of the [l. s.] State to be affixed hereto at the Capitol in the city of Albany this twentieth day of August in the year of our Lord one thousand nine hundred and seven. (Signed) CHARLES E. HUGHES By the Governor: Robert H. Fuller Secretary to the Governor SUPERINTENDENT OF THE POOR, NIAGARA COUNTY. Proceedings for the Removal of Wilbur T. Pool — Notice and Summons to Answer Amended Petition State of New York — Executive Chamber Albany Before the Governor: In the Matter of the Application of the Board of Supervisors of Niagara County to the Governor of the State of New York for the Removal from Office of Wilbur T. Pool as Superintendent of the Poor of Said County. To Wilbur T. Pool : A copy of the petition in the above-entitled proceeding, and an order to show cause, having heretofore been served upon you, and an answer to said petition having heretofore been filed by you, and a commissioner to take testimony having heretofore been appointed, and an amended petition having been filed with me (a copy of which is hereto attached), it is hereby Ordered, That an answer to said amended petition be made within eight days after the service of this order and a copy of said petition, and that upon the original and amended peti- Removal Proceedings and Complaints 259 tion you show cause, as heretofore- ordered, why you should not be removed from the office of superintendent of the poor of Niagara county. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany this eighth [l. s.] day of January in the year of our Lord one thou- sand nine hundred and seven. CHARLES E. HUGHES By the Governor: Robert H. Fuller Secretary to the Governor Extending Time for Answer to Amended Petition State of New York — ■ Executive Chamber Albany Before the Governor: In the Matter of the Application of the Board of Supervisors of Niagara County to the Governor of the State of New York for the Removal from Office of Wilbur T. Pool as Superintendent of the Poor of Said County. Whereas, Proceedings are now pending in the above-entitled matter before a commissioner appointed by the Governor to take testimony ; -and whereas an amended petition in said pro- ceeding has been filed; and whereas an order has heretofore been made requiring an answer to the amended petition within eight days from the time of the service of the same upon said Wilbur T. Pool ; and whereas application is now made by the said Wilbur T. Pool for an extension of time in which to answer ; It is hereby ordered, That the time in which to answer said amended petition be, and the same is, hereby extended to the twenty-second day of January, 1907, upon condition that the answer be, on or before that day, filed with the counsel here- 260 Public Papers of Governor Hughes to fore designated by the Attorney-General to conduct the said proceedings. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany this sixteenth [l. s.] day of January in the year of our Lord one thou- sand nine hundred and seven. CHARLES E. HUGHES By the Governor: Robert H. Fuller Secretary to the Governor Order of Removal from Office State of New York — Executive Chamber Before the Governor: Order of Removal In the Matter of the Application of the Board of Supervisors of Niagara County to the Governor of the State of New York for the Removal from Office of Wilbur T. Pool as Superintendent of the Pock of Said County. Charges of misconduct and incompetence in office having been preferred against Wilbur T. Pool by the board of super- visors of Niagara county and the members thereof, and a copy of such charges having been served upon him, together with an order to show cause why he should not be removed from office, and an answer to said charges having been filed by him, and Hon. Carey D. Davis having been appointed a com- missioner to take testimony relating to said charges, and the report of the commissioner, together with the evidence taken by him, having been filed with me, and counsel having been heard before me upon said report and evidence, now, therefore, it appearing to my satisfaction that the charges of misconduct and incompetence in office are substantially true and that the public interest requires it, it is hereby Removal Proceedings and Complaints 261' Ordered, That Wilbur T. Pool be, and he hereby is, re- moved from the office of superintendent of the poor of the county of Niagara, State of New York. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany this twelfth [l. s.] day of April in the year of our Lord one thousand nine hundred and seven. CHARLES E. HUGHES By the Governor: Robert H. Fuller Secretary to the Governor Memorandum State of New York — Executive Chamber Albany, April 12, 1907 Before the Governor: Memorandum In the Matter of the Application of the Board of Supervisors of Niagara County to the Governor of the State of New York for the Removal from Office of Wilbur T. Pool as Superintendent of the Poor of Said County. The findings of the commissioner appointed to take testi- mony in relation to the charges preferred by the board of supervisors of Niagara county against Wilbur T. Pool as superintendent of the poor are sustained by the evidence. The most serious matter is the charge of extravagance in ad- ministration. This charge has been abundantly established. The excuses presented are without merit and the proved waste- fulness and inefficiency are such as to justify the board of supervisors in petitioning for the superintendent's removal. The prayer of the petition is granted. (Signed) CHARLES E. HUGHES 262 Public Papers of Governor Hughes COUNTY TREASURER, ROCKLAND COUNTY. Proceedings for the Removal of William J. Randolph — Notice and Summons State of New York — Executive Chamber Before the Governor: In the Matter of the Charges of Henry I. Stetler and Others against William J. Randolph, Treasurer of the County cf Rockland. William J. Randolph : You are hereby notified that charges of maladministration and incompetency in office have been preferred against you by Henry I. Stetler, Edwin Lydecker, Willis C. Eckerson, I. J. Wells and William Hutton, Jr. ; and a copy of such charges is herewith served upon you. You are, therefore, required to show cause before me why you should not be removed from the office of treasurer of the county of Rockland, and to answer said charges on or before eight days after the service of this order, and a copy of said charges, upon 3'ou. In witness whereof, I have hereunto set my hand and affixed the Privy Seal of the State at the [l. s.] Capitol in the city of Albany this seventh day of March in the year of our Lord one thousand nine hundred and seven. CHARLES E. HUGHES By the Governor: Robert H. Fuller Secretary to the Governor Removal Proceedings and Complaints 263 Appointment of a Commissioner State of New York — '.Executive Chamber Albany Before the Governor: Order Appointing Commissioner In the Matter of the Charges of Henry I. Stetler and Others against William J. Randolph, Treasurer of the County of Rockland. Charges having been preferred against William J. Randolph, treasurer of the county of Rockland, by Henry I. Stetler, Edwin Lydecker, Willis C. Eckerson, I. J. Wells and William Hutton, Jr., and a copy thereof having been served upon the said William J. Randolph, together with notice to show cause why he should not be removed from said office, and the said William J. Randolph having filed his answer making denial of said charges, I do hereby appoint Randall J. Le Boeuf, Esq., of Albany, in the county of Albany, a commissioner to examine wit- nesses and take testimony as to the truth of said charges, and to report the same to the Governor and also the material facts which he may deem to be established by the evidence ; and It is hereby ordered, That -the Attorney-General of the State of New York conduct the inquiry and examination and prosecution of said charges; and It is hereby further ordered, That the said examination before the said commissioner -proceed with all convenient speed. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany this twenty- [l. s.] second day of March in the year of our Lord one thousand nine hundred and seven. CHARLES E. HUGHES By the Governor: Robert H. Fuller Secretary to the Governor William J. Randolph resigned his office on May 9, 1907. 264 Public Papers of Governor Hughes COURT MARTIAL OF CAPTAIN LOUIS WENDEL, 1st BATTERY, LIGHT ARTILLERY, NATIONAL GUARD, N. Y. General Headquarters, State of New York — Adjutant- General's Office Special Orders Albany, March 7, 1907 No. 39 On the recommendation of the Court of Inquiry appointed by Special Orders No. 186, series of 1906, as amended by Special Orders No. 187, series of 1906, and Special Orders No. 22, series of 1907, from this office, a general court-martial is hereby ordered to convene at 8 o'clock, p. m., on Monday, the 18th day of March, 1907, at the armory of the First Bat- tery, 56 West Sixty-sixth street, New York City, for the trial of Captain Louis Wendel, First Battery, Light Artillery, Na- tional Guard, N. Y. The employment of a stenographer is authorized. Detail for the Court. Major Charles E. Lydecker, Seventh Regiment; Major Charles I. DeBevoise, Squadron C; Major Henry F. Cookinham, Jr., First Regiment ; Major John N. Carlisle, First Regiment; Captain Francis D. Culkin, Forty-eighth Separate Company. (Third Battalion.) Major Louis L. Babcock, Judge-Advocate, Fourth Brigade, is detailed as Judge-Advocate. By command of the Governor : NELSON H. HENRY, Official : Adjutant-General. Chauncey P. Williams, Assistant Adjutant-General, S. N. Y. Removal Proceedings and Complaints 265 Findings of Court Martial in Case of Captain Louis Wendel State of New York — Executive Chamber Albany, April 12, 1907 The accused failed to appear in person before the court- martial and the trial under the regulations, due nctice having been shown, proceeded in his absence. It followed that the evidence was limited to that adduced in support of the charges. The findings are approved. The Military Code provides that on conviction of certain offenses " an officer may be sentenced to be dismissed from the service and he shall thereby become incapacitated from holding any military commission, fined to an amount not ex- ceeding one hundred dollars, or reprimanded, or to all or either of such fines and penalties." Where the offense is of such a character as to require a dishonorable discharge, the most serious punishment which under the Code can be inflicted upon an officer, the addition of a small pecuniary fine adds nothing of importance to the punishment but rather detracts from the just weight of the dismissal itself. I, therefore, disapprove the imposition of the fine of $100, but in all other respects the action of the court is approved and confirmed. (Signed) CHARLES E. HUGHES 266 Public Papers of Governor Hughes hudson river pollution Examination of Alleged Nuisance Ordered State of New York — Executive Chamber Albany To the State Commissioner of Health : Having been presented with a petition signed by residents of the counties of Washington, Warren and Saratoga, stating that the waters of the Hudson river, as it flows between, along and through said counties, are being polluted by the discharge therein of sludge acids and other refuse and wastes from pulp mills and other industrial establishments in violation of law, and that such waters are thereby rendered unhealthy and offensive and unfit for agricultural and domestic purposes, and that such pollution constitutes a nuisance; I, therefore, require you, in accordance with the provisions of section 6 of article I of the Public Health Law, to make an examination into the alleged nuisance and questions affecting the security of life and health in the locality afore- said, and to report the results thereof to me on or before the fifteenth day of August, 1907. Dated at the Capitol at Albany this seventeenth day of [l. s.) May, 1907. CHARLES E. HUGHES By the Governor: Robert H. Fuller Secretary to the Governor Removal Proceedings and Complaints 267 PRESIDENT OF THE BOROUGH OF MANHATTAN Proceedings Against John F. Ahearn — Notice and Sum= mons State of New York — Executive Chamber Notice and Summons In the Matter of Charges Preferred against John F. Ahearn, President of the Borough of Manhattan. To John F. Ahearn, President of the Borough of Manhattan: You are hereby notified that charges have been preferred against you by George McAneny and Henry C. Wright, pray- ing that you be removed by the Governor from the office of president of the borough of Manhattan. A copy of said charges is herewith served upon and given to you. You are hereby also notified that you may file an answer to such charges with me on or before Tuesday, the tenth day of September, 1907. You are hereby further notified that on Tuesday, the tenth day of September, 1907, in the Executive Chamber in the city of Albany, at two o'clock in the afternoon, I shall afford you an opportunity of being heard in your defense in answer to such charges. In witness whereof, I have hereunto signed my name and affixed the Privy Seal of the State at the [l. s.] Capitol in the city of Albany this twenty-seventh day of July in the year of our Lord one thousand nine hundred and seven. CHARLES E. HUGHES By the Governor : Robert H. Fuller Secretary to the Governor 268 Public Papers of Governor Hughes Denial of a Motion to Dismiss the Charges The following is the opinion delivered on September 10, 1907, by Governor Hughes in denying the motion made by counsel for Borough President John F. Ahearn to dismiss the City Club's charges against him on the ground that the provisions of the New York City Charter conferring power of removal upon the Governor are unconstitutional: By the Governor : Section 382 of the Greater New York Charter provides as follows : "A president of a borough may be removed in the same manner as the mayor, as provided in other sections of this act." Section 122 of the Greater New York Charter provides as follows : " The mayor may be removed from office by the gov- ernor in the same manner as sheriffs, except that the gov- ernor may direct the inquiry provided by law to be con- ducted by the attorney-general ; and after the charges have been received by the governor, he may, pending the investi- gation, suspend the mayor for a period not exceeding thirty days." Article X, section 1 of the Constitution provides: " Sheriffs, clerks of counties, district attorneys and regis- ters in counties having registers, shall be chosen by the electors of the respective counties, once in every three years and as often as vacancies shall happen, except in the coun- ties of New York and Kings, and in counties whose boundaries are the same as those of a city, where such officers shall be chosen by the electors once in every two or four years as the legislature shall direct. Sheriffs shall hold no other office and be ineligible for the next term after the termination of their offices. They may be required by law to renew their security, from time to time; and in de- Removal Proceedings and Complaints 269 fault of giving such new security, their offices shall be deemed vacant. But the county shall never be made re- sponsible for the acts of the sheriff. The governor may remove any officer, in this section mentioned, within the term for which he shall have been elected; giving to such officer a copy of the charges against- him, and an oppor- tunity of being heard in his defense." By reason of these provisions of law, charges have been filed with me against the borough president of the borough of Manhattan. I regard it as my duty to deal with this matter without temporizing or evasion, and according to my best judgment. The objection is made that the Governor has no jurisdic- tion under the statute quoted to remove the borough presi- dent by reason of the provisions of section 2 of article X of the Constitution, which provides : "All city, town and village officers, whose election or ap- pointment is not provided for by this constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the legislature shall designate for that purpose. All other officers, whose election or appointment is not pro- vided for by this constitution, and all officers, whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the legislature may direct." If the borough president of the borough of Manhattan is a new office within the meaning of the constitutional pro- vision, that is, if the borough presidency may be regarded as an office created after the adoption of the constitutional provision, no question is presented, for the provision as to election and appointment by local authorities would in that case, admittedly, not apply. I do not, however, deem it necessary to review the au- thorities upon that question, or to discuss the powers of the borough president with reference to the contention that he holds a new office, as it seems to me that the jurisdiction of the Governor may be sustained upon other grounds, although much may be said in regard to the difference be- 270 Public Papers of Governor Hughes tween the office of the borough president as created under the charter and the offices which had theretofore existed — that is, existed prior to the Constitution. This provision of section 2 of article X of the Constitu- tion has been in force for about sixty years. I do not find in the records of the Executive Department that any Gov- ernor has refused to take jurisdiction upon this ground. Nor do I find any authority or any court denying the juris- diction of the Governor. Aside from the question of prac- tical construction, we may of course consider the matter as it is now presented, concededly for the first time. But it is important to note that hitherto apparently the right of the Governor to' remove a local officer, where the statute pro- poses to confer upon him that power, has not been success- fully challenged. The right has been sustained by the executive branch of the government, and the judicial branch has not construed the Constitution so as to interfere with its exercise. In 1865 charges and specifications of malversation and misconduct in office, violation and neglect of official duty and corruption, were filed with the Governor against C. Godfrey Gunther, mayor of the city of New York, Matthew T. Brennan, comptroller of the city of New York, Francis I. A. Boole, city inspector of said city, and John E. Develin, corporation counsel. Upon the hearing of the accused offi- cers, it was contended that the Governor had not power to remove these officers. Governor Fenton ruled as follows : "The objections to the Governor's jurisdiction and the arguments of counsel upon both sides have been carefully considered by me, and I am clearly of the opinion — " First. That the Constitution and the laws have con- ferred upon the Governor full jurisdiction in these cases. " Second. That the investigation may be heard before me." Then follow other rulings which it is not necessary to quote. In the report of this case in 19th Abbott's Practice Reports on page 376 is a note, following the ruling of the case I have just read, as follows : Removal Proceedings and Complaints 271' " The secretary then read, by direction of the Governor, the opinion of Governor Seymour in the case of Thomas C. Acton, when charges were made against him before the Governor. This opinion declared the jurisdiction and power of the executive as here laid down by Governor Fen- ton." It appears that in 1874, when charges were filed with the Governor, against William F. Havemeyer, mayor of the city of New York; while the Governor was of the opinion that the facts disclosed did not justify the removal of Mayor Havemeyer, and he accordingly dismissed the charges, he was of the opinion that he had the power of removal, say- ing : " That the case comes within the power of removal confided to the Governor can hardly be disputed." It is claimed that there is an incompatibility between the provision for local election and appointment of local officers and the right of the Governor to remove. Under the same conditions, whatever they may be, that right may be exer- cised in the case of sheriffs. It will be noticed that section 2 of article X does not expressly provide that the Legisla- ture shall not confer upon the Governor the power of re- moval. The whole argument made here is based upon the supposed necessary implication from the conference upon (he local authorities of the right of election and appoint ment, it being contended that, as has been stated, it would be folly to lodge that right exclusively with local authori-. ties while at the same time giving to the executive the power of- removal. It is to be noted, however, that this same Constitution of 1846 which in section 2 of article X thus provides for the election and appointment of local officers by local authori- ties, in section 1 of article X expressly gives to the Gov- ernor the power to remove all sheriffs, clerks of counties and district attorneys, although sheriffs, clerks of counties and district attorneys are to be elected by the people oi the county. But the people in adopting the Constitution seemed not to be conscious of any necessary incompatibil- ity between the election by the people of the county of a 272 Public Papers of Governor Hughes sheriff and the removal of the sheriff upon charges, by the Governor. It does not seem to me that a prohibition of this sort in conflict with the practice of sixty years could be implied. On the contrary, so far as its being incompatible with local self-government that such a power of removal should be vested in the executive, I believe that it may be to the high- est degree important that there should be such a power of removal vested in the executive. And until the people de- clare that the Legislature shall not vest such a power in the executive, or the courts in construing the Constitution declare that the Constitution as it now stands does prohibit the vesting of such a power in the executive, it seems to me the clear duty of the executive to hold that he has the juris- diction which has been expressly conferred upon him by statute. I find in the very able message of Governor Tilden, under date of May n, 1875, some very important observations upon this subject. He says — I refer to his public papers of 1875— 1876, page 6 of the message above mentioned. He says : "The first Constitution of this State, formed in 1777, provided for the appointment and removal of all local offi- cers by a council composed of the Governor and four Sena- tors chosen every year by four sub-divisions of the Assem- bly. The system continued until it involved the selection of fifteen thousand officers — civil and military — when our population was but one-third of its present magnitude. Every year assembled in Albany, from all parts of the State, candidates and their friends, for a general scramble. The strifes of parties were intensified by personal selfishness, and aggregated in a single center. The evils of the system contributed to the calling of a convention which formed the Constitution of 1821. "That instrument substituted election by the people of the localities or appointment by the local authorities, in respect to a large share of the local officers. The question Removal Proceedings and Complaints 273 of how to disperse the appointing power, and yet preserve accountability to the State was very thoughfully considered by the foremost statesmen. Its solution was found in a device proposed by Daniel D. Tompkins, which *was to separate the power of appointment from the power of re- moval. The case of the sheriff excited the most solicitude and was elaborately discussed. It was disposed of by giv- ing the election to the people of the county, but reserving to the State the power of removal for cause, to be exercised by the Governor. The same method was applied to county clerks. " The Constitution of 1846 extended the system to dis- trict attorneys and coroners. It has been applied by con- stitutional provision or by statute to many other cases, and is now in operation as to the principal officers of the coun- ties, probably embracing five hundred in number. A pro- cedure has grown up in the nature of a summary trial.". Governor Tilden in this very able State paper proceeds to discuss the essential conditions of local self-government which in view of the importance of the question that has been raised here" I think it appropriate to read. He says : " The essential conditions of local self-government or home rule in respect to those powers of administration which are intrusted to the locality are: " First. That there be an organism under which the elec- tive power of the people can act conveniently and effec- tively, and can exercise an actual control at one election over those who represent it in the local administration. " Second. That, in voting upon the administration of local affairs, the popular attention and the popular will be freed, as far as possible, from disturbing elements, espe- cially from complications with State and National politics. "The ancient system which exists in the country, and 1 worked well in New York for a generation, by which municipal elections were held at a time intermediate of the annual State and National elections, has always com- mended itself to my judgment as of great utility and value. 274 Public Papers of Governor Hughes " Third. That the popular will, as declared at the elec- tions, should be protected as far as possible, from the effects of undue concentration of power, patronage and the means of corrupt influence. " Fourth. That while the responsibility of public officers to the voting citizens be made effective, and they be made amenable to the taxpayers of the locality through the courts, accountability to the State be preserved through regular methods, so that the existence of such appeal of the minority and of individuals against the wrongs of governing officials will render unnecessary and inexcusable the fre- quent legislative interventions which have practically destroyed all self-government, created more local mischief than they have remedied, and have grown to be prolific of abuse and corruption in the legislative bodies. " So far from official accountability in regular forms be- ing an abridgment of local self-government, it is the founda- tion on which this system can alone be built up. Arbitrary or irresponsible power finds no place in Our popular system of government. The public officers are the trustees of the people. The majority are trustees for the whole, for the minority, and for each individual." Now when I consider that from the very time of the enactment of this constitutional provision, statutes have been passed conferring upon the executive the power of removal which was thus deliberately and expressly in the case of named county officers separated from the power of election or appointment; and when I consider the uni- form practice of the executives in exercising the jurisdic- tion which has been conferred, and the absence of any judi- cial authority which holds that such action on the part of the Legislature is in violation of the Constitution, I feel constrained as a matter of serious public policy to hold that I have power, and, in accordance with my duty, am bound to take jurisdiction in this case. I shall, therefore, deny the motion. Removal Proceedings and Complaints 275 Opinion State of New York — Executive Chamber . Albany, December 9, 1907 In the Matter of the Charges against John F. Ahearn, Presi- dent of the Borough of Manhattan, in the City of New York. Governor's Opinion John F. Ahearn was elected president of the borough of Manhattan in the city of New York in November, 1903, and was re-elected in November, 1905, for a term of four years expiring December 31, 1909, Criticisms upon his administration having been published, Mr. Ahearn in November, 1906, requested the mayor of the city of New York to cause an investigation of the affairs of his office to. be made by the commissioners of accounts. The mayor promptly ordered the investigation and thereupon the com- missioners of accounts conducted a protracted inquiry, and in July, 1907, presented to the mayor their, report. This was a severe arraignment of Mr. Ahearn's administration. The methods and transactions of his office were reviewed and criticised, and it was charged that the examination had disclosed " inefficiency, neglect, waste and corruption." The mayor forwarded the report, with the evidence taken by the commissioners, to the Governor. Thereafter, formal charges against Mr. Ahearn with a petition for his removal were presented to the Governor, by George McAneny and Henry C. Wright, individually, and as officers of the City Club of New York, , Pursuant to notice, Mr. Ahearn appeared personally and with counsel and filed his answer. denying the truth of the charges. Thereupon hearing was had before the Governor; evidence in support of the charges and in defense was re- ceived; arguments for both sides were submitted; and the matter has received the closest consideration with a full 276 Public Papers of Governor Hughes sense of the gravity of the responsibility involved in its decision. Preliminarily, it may be observed: (1) With reference to the power of the Governor to remove the borough president. Section 382 of the Greater New York Charter provides: "A president of a borough may be removed in the same manner as the mayor, as provided in other sections of this act." Section 122 of the Greater New York Charter pro- vides : " The mayor may be removed from office by the gov- ernor in the same manner as sheriffs, except that the gov- ernor may direct the inquiry provided by law to be conducted by the attorney-general ; and after the charges have been re- ceived by the governor, he may, pending the investigation, suspend the mayor for a period not exceeding thirty days." The Constitution (art. X, § 1) provides that the Governor may remove a sheriff " within the term for which he shall have been elected, giving to such officer a copy of the charges against him, and an opportunity of being heard in his de- fense." At the outset it was contended on behalf of Mr. Ahearn that the provision of the charter authorizing the removal of the borough president was unconstitutional. There is, how- ever, no express provision of the Constitution inhibiting this legislation, nor is there any authoritative decision holding that such an inhibition should be implied. In his message to the Legislature on May 11, 1875, Gov- ernor Tilden reviewed the history and policy of provisions for the removal of local officers, as follows : " The first Constitution of this State, formed in 1777, pro- vided for the appointment and removal of all local officers by a council composed of the Governor and four Senators chosen every year by four subdivisions of the Assembly. The system continued until it involved the selection of fifteen thousand officers — civil and military — when our population was but one-third of its present magnitude. Every year assembled in Albany, from all parts of the' State, candidates and their Removal Proceedings and Complaints 277 friends, for a general scramble. The strifes of parties were intensified by personal selfishness, and aggregated in a single center. The evils of the system contributed to the calling of a convention which formed the Constitution of 1821. "That instrument substituted election by the people of the localities or appointment by the local authorities, in respect to a large share of the local officers. The question of how to disperse the appointing power, and yet preserve accountability to the State, was very thoughtfully considered by the fore- most statesmen. Its solution was found in a device pro- posed by Daniel D. Tompkins, which was to separate the power of appointment from the power of removal. The case of the sheriff excited the most solicitude and was elaborately discussed. It was disposed of by giving the election to the people of the county, but reserving to the State the power of removal for cause, to be exercised by the Governor. The same method was applied to county clerks. "The Constitution of 1846 extended the system to district attorneys and coroners. It has been applied by constitutional provision or by statute to many other cases, and is now in operation as to the principal officers of the counties, probably embracing five hundred in number. A procedure has grown up in the nature of a summary trial. "The convention of 1846 carried much farther its disper- sion of the power of choosing local officers. It even allowed an election by districts of judges of the Supreme Court hav- ing general State jurisdiction, but it provided that they should be removable by impeachment, and also by the two houses of the Legislature. County judges and surrogates and all other judicial officers elected within the county, and all commis- sioned officers of the militia who are elective, were made re- movable by the Governor and Senate. Indeed it is a char- acteristic peculiarity of the present Constitution to distinguish between the power of electing or appointing an officer, and the power of holding him to an account. In the words of my annual message : ' It is while dispersing the one to the localities to reserve the other to the State, acting by its gen- 278 Public Papers of Governor Hughes eral representatives and as a unit; to retain in the collective state, a supervisory power of removal, in addition to what- ever other accountability may result to the voters or authori- ties of the locality from the power to change the officer at the expiration of his term or from special provisions of law. The two ideas are not incompatible; on the contrary, each is the complement of the other. Such dispersion of the appointing power has become possible only because these devices have been invented to preserve accountability to the State.' " Further, in the same message, Governor Tilden mentioned as one of. " the essential conditions of local self-government or home rule : " " That while the responsibility of public officers to the vot- ing citizens be made effective, and they be made amenable to the taxpayers of the locality through the courts, account- ability to the State be preserved through regular methods, so that the existence of such appeal of the minority and of indi- viduals against the wrongs of governing officials will render unnecessary and inexcusable the frequent legislative interven- tions which have practically destroyed all self-government, created mere local mischief than they have remedied, and have grown to be prolific of abuse and corruption in the legis- lative bodies." In accordance with these principles the mayor and other important local officers of the city of New York for many years have been removable by the Governor. The temporary change with respect to these made by the charter of 1870 was severely criticised. As Governor Tilden says (id.), refer- ring to this charter : " Every device to make these four officers " — the mayor, comptroller, commissioner of public works and commissioner of parks — ■ " totally irresponsible was carefully adopted. The existing law, which had stood for many years, by which the mayor, comptroller, and street commissioner had been remov- able by the Governor, as in the case of sheriffs, was repealed. A restoration of that power of removal, as regards the mayor, was demanded in the following year, and in 1873 was ac- corded, with the unanimous consent of both political parties." Removal Proceedings and Complaints 279 In my judgment there is no warrant for an attempt to read into the Constitution, by construction, a prohibition of legis- lative authority to provide for the removal of the mayor or other local officer such as the borough president, and it is my duty to assume that this legislative power exists which for so long a period has been deemed not only salutary but essen- tial and has been exercised without question. (2) A further question is presented with reference to the effect of the re-election of Mr. Ahearn as borough president in 1905. It is said that after service of two years, the electors then recorded their final judgment as to his competency and fitness for the office. It may be granted that the act or neglect justifying removal must have relation to the administration of office during the term which the officer is serving. And the case of Sheriff Guden (171 N. Y. 529) is not an exception to this rule. Nor, of course, would the Governor be justified in opposing his authority to the choice of the electors, because of any opinion he might hold of the officer's competency or fitness, apart from acts of omission or commission properly forming the subject of charges. But while the majority may elect the officer, they are not entitled to insist, nor can it be assumed they desire to insist, upon improper administration or upon the retention in office of one who fails to do his duty. The power of removal is provided to secure accountability to the people acting through their designated representatives and thus to protect the inter- ests of all citizens. And whether in fact the majority would condone a case of serious dereliction, as it is presented and proved before the removing authority, is irrelevant and neces- sarily a matter of mere conjecture. (3) It may also be noted, preliminarily, that it has not been alleged or proved that Mr. Ahern has personally been corrupt — that is, that it is not shown and it is not claimed that he has converted public money or property to his own use or has personally profited in an unlawful manner by his official conduct. 280 Public Papers of Governor Hughes Justice to Mr. Ahearn requires that this should be stated emphatically and clearly be understood. But that does not end the matter. A borough president, as has been said, is removable upon charges. And without attempting to state comprehensively what conduct bearing upon character or fit- ness might be regarded as a proper subject of charges, it is clear that a charge will lie for breach of duty. There may be, of course, technical breaches of duty or omissions of such relative inconsequence that although public obligation may not have been strictly, it has been substantially, performed and removal from office would not be justified. The gravity and comparative importance of the breach of duty is a matter for the consideration of the officer vested with the power of removal. But if there has been malad- ministration in matters seriously affecting the public welfare and gross /breach of official obligation, the duty of re- moval is clear, albeit there is no proof of peculation or personal dishonesty. In this light, the charges against Mr. Ahearn must be con- sidered. It appears from the evidence before me that the most serious complaints of his administration relate to the two divisions known as the bureau of highways and the. bureau of public buildings and offices. One of the chief duties of the borough president is the care of the streets within his borough. By section 383 of the charter he has " cognizance and control " among other things — " 1. Of regulating, grading, curbing, flagging and guttering of streets, and laying of crosswalks. " 2. Of constructing and repairing public roads. " 3. Of paving, repaving, resurfacing and repairing of all streets, and of the relaying of all pavements removed for any cause." It is through the borough president that contracts for the laying and repairing of pavements are made and enforced, and upon his action the citizens of the borough must depend for the maintenance of their streets in proper condition. Removal Proceedings and Complaints 281' Such maintenance is obviously of the greatest importance not only for the transaction of business but for the health and comfort of the people, particularly in the more congested dis- tricts of the city. * The evidence compels the conclusion that Borough Presi- dent Ahearn has failed to perform his duty with reference to the streets to a degree that is entirely inexcusable. Until re- cently, when the sharpness of complaints and investigation led to a reorganization of the department, the streets of Manhat- tan were permitted to remain in a shocking condition of dis- repair. It is not a case of occasional neglect or of lapses which might be overlooked. On the contrary it is a case of continuous maladministration relieved only by spasmodic efforts under the pressure of criticism. It is not necessary to go back to Mr. Ahearn's first term, but it is sufficient to con- sider the wretched condition of the streets during the year 1906 and until the spring of this year, the responsibility for which rests upon the borough president. In saying this I am not unmindful of the large number of disturbances of the pavements which are due to the multitude of necessary openings. These are required for various pur- poses — for example, in connection with the distribution of gas and electricity, in the laying and repair of water pipes and sewer pipes, and in making needed subsurface connec- tions. There is also the damage caused by the bon- fires following upon election. In addition there must be considered the excuse which is based upon the confusion of authority due to defects in the charter and a lack of suitable precision in defining the juris- diction of different departments of administration. But serious as may be the defects in the charter, and obvious as may be the importance of remedying them in order to get the best results, there is a limit to the extent to which they may serve as an excuse for bad administration. And in this case, after making full allowance for any possible embarrassment which they occasioned to the borough president, and for the extent of interference with the pavements by the causes above mentioned, the conclusion is irresistible that in the main the 282 Public Papers of Governor Hughes bad condition of the streets has not been due to any other cause than the failure of the borough president to do his duty. This was practically conceded last spring when the matter became exigent by reason of the public and official attention it was receiving. Then Mr. Ahearn called for reports, and made a personal inspection. He testified that he " found the streets in a bad condition " and " made up my (his) mind that that they had got away from my (his) department, or those conditions could not have existed." He says that he sent for his engineers and asked them what excuse they could give him for the condition of the streets, and that they told him " it was due to the fire burns, the many fire burns and the hard winter elements, and the wear and tear throughout the winter months." This was not accepted by the borough president. He said that he did not believe it. Mr. Ahearn then asked for a report of all the repairs that had been made By the asphalt companies in the year 1906. He says that when he "was informed by my (his) own department that they kept no such records there of that," he was " dumb- founded." Thereupon, and evidently with the purpose of protecting himself from the rising storm of censure, Mr. Ahearn removed the commissioner of public works. The chief engineer of highways was required to resign. It is impossible, however, for the borough president to justify himself with respect to this matter upon the theory that he had properly confided in subordinates and that, sur- prised by the discovery of their incompetence, he had promptly undertaken to provide a remedy. The condition of the streets was not a new subject. It had been brought to his notice in 1904 and in 1905. He had promised that he would give the matter his best attention. He had, and he actually exercised, full control of the organization of his department and there had been brought before him clearly the defects in its methods, particularly in the lack of thorough and compe- tent inspection. According to the lowest permissible stand- ards of official duty it had been incumbent upon him in the Removal Proceedings and Complaints 283 light of his knowledge to take all necessary steps to bring the department to a proper state of efficiency. The remissness of his department with respect to the streets was not a secret matter as to which the ignorance of a superior officer might be considered natural because of the supposed propriety of routine or the difficulty of obtaining information. It was notorious, and could hardly escape his attention as he went about the borough. It may be expected that a borough presi- dent charged with the duty of their maintenance will be as well informed about the streets of his borough as the citizens generally or any association of citizens. Mr. Ahearn had had long opportunity to become familiar with the exact condition of affairs, and he was in no position to claim surprise in the spring of 1907. Unless the responsibility of heads of depart- ments for the administration of their offices is to be made a mockery, Mr. Ahearn must be held directly responsible for the failure to keep the streets in proper repair. The evidence also shows grave abuses in the administration of the bureau of public buildings and offices. The borough president has charge of the repairs and maintenance of the public buildings in the borough, and of the procuring of necessary supplies, and large amounts are annually expended through him for this purpose. The organization of the bureau is entirely in the control of the borough president. The methods employed were the reverse of those which proper concern for the interests of the city would suggest. The administration was honeycombed with favoritism. A large part of the work and supplies was furnished under open orders, and, without examining in detail the alleged violations of section 419 of the charter, which provides for the letting of contracts where the amount involved is more than $1,000, it is apparent that the provision was frequently evaded. With regard to much of the work and supplies, no effort was made to get the advantages of competition or even to secure in a suitable manner estimates from different persons. One favored concern received substantially all the open 284 Public Papers of Governor Hughes orders for plumbing and steamfitting; another favorite had most of the electrical work and the furnishing of mantles; and another did the carpentry work. From the evidence, it also appears to my satisfaction that the concern which did the carpentry work on open orders was really a cover for William H. Walker, the superintendent of the bureau of public buildings and offices. A large amount of supplies, readily obtainable in the market, were procured through an unnecessary middleman who styled himself The Metro- politan Equipment & Supply Company and bought from dealers in order to resell to the city. These methods inevitably facilitated waste and extrava- gance and it sufficiently appears that the city was actually despoiled. The only excuse presented is that the borough president was not chargeable with knowledge of delinquencies in this bureau, and that as soon as Mr. Walker's conduct was dis- closed by the investigation of the commissioners of accounts, he was removed. The borough president, however, had as- sumed direct supervision of the giving of open orders for work and supplies and of the selection of those who were to receive them. The transactions were not isolated and excep- tional, but constituted a course of conduct constantly within the range of the borough president's official observation. The reasonable inquiry which the head of a department charged with large outlays for the city may be expected to make in order to ascertain the character and responsibility of the per- sons with whom he deals, and the advantage or disadvantage to the city of the methods pursued, would have disclosed most of the facts which now appear. While the head of a depart- ment who properly selects his subordinates and establishes' suitable methods for the transaction of the department's busi- ness is not chargeable with derelictions which, despite such care, may readily escape his notice in the multiplicity of his duties, he cannot on the other hand avoid responsibility where because of his failure to exercise proper supervision and con- trol abuses have arisen. Removal Proceedings and Complaints 285 The condition of things found to exist in the borough presi- dent's office cannot be charged simply to the neglect or mis- conduct of employees. That neglect and misconduct were for the most part made possible because of the want of that administrative care which it was the plain duty of the borough president to exercise. Charges and evidence relating to other matters have been presented, but in view of what has already been said, they need not be considered. It may be added that changes in method and the removal of subordinates because of the public exposure of long-continued maladministration cannot be per- mitted to avail as a defense, where the head of a department is shown to have been grossly derelict in the performance of his duty. Otherwise, the efficacy of this important remedy to enforce accountability would be destroyed. I conclude, therefore, that after due hearing charges justi- fying the removal of Borough President Ahearn have been sustained; and an order for his removal will, therefore, be made. (Signed) CHARLES E. HUGHES Order of Removal from Office State of New York — Executive Chamber In the Matter of the Charges Preferred against John F. Ahearn, the President of the Borough of Manhattan of the City of New York. Order of Removal from Office Charges of misconduct in office and neglect of duty hav- ing been preferred against John F. Ahearn, the president of the borough of Manhattan of the city of New York, by George McAneny and Henry C. Wright, individually, and as president and secretary respectively of the City Club of New York, and a copy of such charges having been served upon and given to said John F. Ahearn, and he having thereafter been given an opportunity of being heard in his 286 Public Papers of Governor Hughes defense and he having been heard in his defense before me at the Executive Chamber in the city of Albany, in person and by counsel, and the witnesses produced by him having been duly examined; Now, therefore, it appearing to my satisfaction that the charges are true and that the public interest requires it, it is hereby Ordered, That the said John F. Ahearn be, and he hereby is, removed from the office of president of the borough of Manhattan of the city of New York. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany this ninth [l. s.] day of December in the year of our Lord one thousand nine hundred and seven. (Signed) CHARLES E. HUGHES By the Governor: Robert H. Fuller * Secretary to the Governor COUNTY TREASURER, BROOME COUNTY Proceedings Against David B. King — Notice and Sum= mons State of New York — ■ Executive Chamber In the Matter of Charges Preferred against David B. King, County Treasurer of ■ Broome County. Notice and Summons To David B. King, County Treasurer of Broome County: You are hereby notified that charges have been preferred against you by Lewis K. Rockefeller and H. LeRoy Austin, praying that you be removed by the Governor from the office of treasurer of Broome county. A copy of said charges is herewith served upon and given to you. *See Appendix for additional papers relating to the removal Qf John F. Ahearn. Removal Proceedings and Complaints 287 You are hereby also notified that you may file an answer to such charges with me on or before the 9th day of Sep- tember, 1907. You axe hereby further notified that on the 9th day of September, 1907, in the Executive Chamber, in the city of Albany, at 2 o'clock in the afternoon I shall afford you an opportunity of being heard in your defense in answer to such charges. In witness whereof, I have hereunto signed my name and affixed the Privy Seal of the State this [L. s.J twenty-ninth day of August in the year of our Lord one thousand nine hundred and seven. (Signed) CHARLES E. HUGHES By the Governor: Robert H. Fuller Secretary to the Governor David B. King resigned his office on September 7, 1907. DE GRASSE RIVER POLLUTION State Commissioner of Health Directed to Examine Al- leged Nuisance State of New York — Executive Chamber To the State Commissioner of Health : Complaint having been made by residents of the village of Canton, in the county of St. Lawrence, that the waters of the DeGrasse river are being polluted and contaminated because of the discharge therein by the De Grass Paper & Pulp Company of waste and refuse matter from the manufacturing conducted by said company, and because of the discharge therein of other deleterious refuse and waste matter, and that thereby such waters are rendered un- healthy and offensive and unfit for agricultural or domestic purposes and are rendered unfit to be drunk by man or 288 Public Papers of Governor Hughes beast; and it being charged that such pollution and con- tamination constitutes a nuisance: I, therefore, require you, in accordance with the pro- visions of section 6 of article I of the Public Health Law, to make an examination into the alleged nuisance and all questions affecting the security of life and health in the locality aforesaid, and to report the results thereof to me on or before the 8th day of October, 1907. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany this twenty- [l. s.] fourth day of September in the year of our Lord ■one thousand nine hundred and seven. (Signed) CHARLES E. HUGHES By the Governor: Robert H. Fuller, Secretary to the Governor Second Order for Examination of Alleged Nuisance State of New York — Executive Chamber Albany To the State Commissioner of Health : Complaint having been made by residents of the village of Canton, in the county of St. Lawrence, that the waters of the De Grasse (or Grasse) river are being polluted and contaminated because of the discharge therein by the De Grasse Paper & Pulp Company of waste and refuse mat- ter from the manufacturing conducted by said company and because of the discharge therein of other deleterious refuse and waste matter, and that thereby such waters are rendered unhealthy and offensive and unfit for agricultural or domestic purposes and are rendered unfit to be drunk by man or beast ; and it being charged that such pollution and contamination constitutes a nuisance : Removal Proceedings and Complaints 289 I, therefore, require you, in accordance with the provi- sions of section 6 of article I of the Public Health Law, to make an examination into the alleged nuisance ,and all questions affecting the security of life and health in the locality aforesaid, and to report the results thereof to me on or before the 9th day of December, 1907. Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany this thirtieth [l. s.] day of November in the year of our Lord one thousand nine hundred and seven. (Signed) CHARLES E. HUGHES By the Governor: Robert H. Fuller Secretary to the Governor Proceedings Against Elbert Chamberlain, Superintendent of the Poor, Erie County State of New York — Executive Chamber Albany, August 31, 1907. Dr. Robert W. Hill, Secretary, State Board of Charities, Capitol, Albany, N. Y. Dear Sir: — Governor Hughes directs me to hand you the inclosed copy of charges and affidavits in the matter of Elbert Chamberlain, Superintendent of the Poor of Erie County. If agreeable to the State Board of Charities, the Governor would like to have an inquiry made with reference to the facts, and report to him, for his guidance in the matter. Thanking you for your attention to the case, I am, Very truly yours, (Signed) ROBERT H. FULLER, Secretary to the Governor. 10 290 Public Papers of Governor Hughes Decision and Opinion State of New York — Executive Chamber Albany, November 4, 1907 In the Matter of Charges against Elbert Chamberlain, Super- intendent of the Poor of the County of Erie, and George Prince, Assistant Superintendent of the Poor, Made to the Governor by Celia Estof. After consideration of the petition dated August 2, 1907, and the accompanying papers, and of the report of Hon. William H. Gratwick, Commissioner of the State Board of Charities, appointed by the State Board of Charities a special committee to investigate the charges herein, and of the evidence and papers submitted, the charges preferred by Celia Estof against Elbert Chamberlain, superintend- ent of the poor of the county of Erie, and George Prince, assistant superintendent of the poor of the county of Erie, are hereby dismissed. (Signed) CHARLES E. HUGHES STATE SUPERINTENDENT OF ELECTIONS FOB THE METRO- POLITAN ELECTIONS DISTRICT Proceedings Against William Leary — Notice and Sum- mons Before the Governor : In the Matter of the Charges against William Leary, State Superintendent of Elections for the Metropolitan Elec- tions District. To William Leary, State Superintendent of Elections for the Metropolitan Elections District: You are hereby notified that charges of unfitness for your office and neglect of duty in the registration and elec- Removal Proceedings and Complaints' 291' tion of November 5, 1907, have been preferred against you, and your removal from the office of State Superintendent of Elections for the Metropolitan Elections District has been asked, by Nathan Vidaver, Sylvester L. Malone, James A. Donegan, James A. Allen, M. F. Ihmsen and M. J. Mack, stated to be a committee acting in behalf of the In- dependence League. A copy of such charges is herewith served upon you. You are further notified that opportunity will be afforded you of being heard in your defense and you are hereby directed to answer said charges and to file said answer with me within eight days after service of this order, and a copy of said charges, upon you. In witness whereof, I have hereunto set my hand and affixed the Privy Seal of the State at the [l. s.] Capitol in the city of Albany this twenty- seventh day of November in the year of our Lord one thousand nine hundred and seven. (Signed) CHARLES E. HUGHES By the Governor: ! Robert H, Fuller Secretary to the Governor The above charges against William Leary were dismissed June 29, 1908. See Governor Hughes' Public Papers for 1908. X! PARDONS AND COMMUTATIONS 293 XI PARDONS AND COMMUTATIONS Albany, March 18, 1908 To the Legislature: I have the honor to transmit a statement of -the pardons and commutations granted during the year 1907. There were no reprieves. CHARLES E. HUGHES. Pardons May 28. Henry Whitbeck. Sentenced March 26, 1907; county, Columbia ; crime, public intoxication ; term, ninety days; Albany County Penitentiary. The prisoner has served two-thirds of the sentence, and has been sufficiently punished. The committing magis- trate asks that he be released. August 19. Salvatore Scarola. Sentenced December 10, 1906; county, New York; crime, assault, second degree; maximum term, five years ; Elmira Reformatory. In repelling a sudden and unprovoked assault the prisoner cut his assailant with a pen knife which he had open and was using at the time. The act was wholly - unpre- meditated, and, under the circumstances, did not demand severe punishment. Judge O'Sullivan, who imposed the sentence, recommends clemency, and the district attorney, while not expressly reqommending it, is quite favorable to it. The prisoner had'"' always maintained an excellent character, and considering all the circumstances he has suffered a sufficient penalty; for his offense. October 31. Philip Murray. Sentenced May 2, 1907; county, New York; crime, assault, second degree; term, one year; New York Penitentiary. From a careful examination of the evidence given on the trial I am convinced that the conviction was wrong. The defendant ought to have been acquitted and justice de- mands his release. 295 296 Public Papers of Governor Hughes Commutations January 9. William D. McMonagle. Sentenced May 22, 1905; county, Orange; crime, assault, second degree; mini- mum term, four years and three months; maximum term, five years; Sing Sing Prison. Commuted to two years, subject to deduction for good conduct. The sentence is reduced to two years on the recommenda- tion of Judge Beattie, who imposed it, and of District At- torney Seeger, who had charge of the prosecution. Judge Beattie writes: "The defendant was jealous of his wife and, going, home in an intoxicated condition, got into an alterca- tion with her over the attention paid to her, as he claimed, by a man living in the neighborhood. He finally shot his wife and inflicted quite a serious injury, and then left the ■ house, and, when some distance away, shot himself in the head. His wife fully recovered from the injury resulting from the shooting. " The defendant belongs to a very respectable family and his previous character had been good. When he was arraigned for sentence the manner and appearance of the. man appealed so strongly to me that, while the conditions seemed to require the usual punishment for such crimes, I told him that if he behaved himself while in prison I would recommend his pardon at the end of two years. He does not belong to the criminal class and, in my opinion, a commutation of his sentence would be proper." January 21. Henry W. Wipf. Sentenced November 17, 1905 ; county, New York ; crime, grand larceny, second de- gree ; minimum term, one year and nine months ; maximum term, two years and nine months ; Sing Sing Prison. Commuted to one year and two months, actual time. This prisoner was convicted of stealing from his em- ployers property of the value of about $280. He had been in their service for upwards of eight years, and until he committed this offense his character had been blameless. Pardons and. Commutations 297 The complainants now unite with others in a most earnest appeal for his pardon, and the same is recommended by Judge Goff, who sentenced him, and by the district attorney. March 6. Michael Keating. Sentenced March 5, 1901 ; county, New York ; crime, manslaughter, first degree ; term, twenty years ; Sing Sing Prison. Commuted to six years, actual time. Keating was indicted for murder in the first degree in killing, by shooting with a pistol, a young girl to whom, it is said, he was engaged to be married. He was barely nineteen years old at the time of the homicide, and until then had always borne an excellent character. He insisted that the shooting was accidental, but nevertheless, contrary to the advice of his friends, and acting under the advice of his counsel, he pleaded guilty of manslaughter, and was sentenced to imprisonment for twenty years, the maximum penalty fop.that crime. It is urged in support of his application for clemency that his guilt is by no means clear, and that in view of the doubt on the subject, of his. youth and his previous good character, he ought not to be imprisoned longer. Letters favoring clemency have been received from Hon. Eugene A. Philbin, who was district attorney at the time of the conviction, and from his assistant, Mr. Franklin Pierce, who had charge of the prosecution, both of whom express grave doubt as to whether Keating could have been convicted upon a trial. Mr. Philbin says : " Under all the circumstances I feel per- fectly justified in strongly recommending the granting of the application. It appears from the record that the defendant was, at the time of the commission of the crime, under the influence of liquor, and that the act was not preceded by any threats against the life of the deceased. There is entire absence on the records of any intent to kill, and the theory that the shooting was the result of an accident is fully as likely as the claim that the defendant had deliber- ately shot the deceased. It is very doubtful that, if the de- fendant had not pleaded guilty and the case had been sub- 298 Public Papers of Governor Hughes mitted to a jury, the prosecution would have been able to have obtained a conviction." And he concludes : " I think that the interests of justice would be fully subserved by his discharge at this time." District Attorney Jerome, who has investigated the case, concurs, saying : " It would seem in my opinion that the public interests would not suffer by his pardon." March 7. Willard J. Cottrell. Sentenced December 2, 1905; county, Monroe; crime, perjury; term, three years; Auburn Prison. Commuted to one year, three months and five days, actual time. Cottrell testified before the grand jury, accusing his wife and his stepson of an infamous crime. Upon their testimony in contradiction, he was indicted and convicted of perjury. An examination of the case convinces me that justice requires his release. He has now been in confine- ment for over two years and seven months. The judge and the district attorney recommend his case as a proper one for clemency.. March 20. Luigi La Rosa. Sentenced April 28, 1899; county, New York ; crime, manslaughter, second degree ; term fifteen years; Sing Sing Prison. Commuted to seven years, ten months and twenty-four days, actual time. The homicide was the result of a street affray in which the prisoner, if concerned at all, was certainly not the prin- cipal offender, and the sentence of imprisonment for fifteen years, the maximum for manslaughter, second degree, seems quite severe. He has now served all but a year and a half of it, allowance being made for good conduct, and the physician reports that he " is suffering from consump- tion and cannot live very long — not over a few months." March 22. James Flaherty. Sentenced November 28, 1882; county, Kings; crime, murder, second degree; term, life ; Sing Sing Prison. Commuted to twenty-four years, three months and twenty-eight days, actual time. Pardons and Commutations 299 Flaherty was convicted of murder in the second degree for having caused the death of his wife by beating her with a heavy stick or club, and was sentenced to imprisonment for life. His application for pardon was filed some years ago, and it has been renewed from time to time since. Several grounds have been urged in support of it, but I have not deemed it necessary to consider all of them. That most strongly urged is that Flaherty was so completely under the influence of liquor when he committed the act as to be altogether incapable of forming the intent necessary to constitute the crime of murder, and from a careful ex- amination of the evidence given on the trial there seems to be abundant support for the claim. That he was grossly intoxicated is perfectly clear, and it may well be questioned whether he was even conscious of what he was doing. Drunkenness, while not an excuse for crime, is neverthe- less a fact to be taken into account in determining the actual grade or degree of guilt, and I think there is enough doubt on that point in this case to make it a proper one at this time for clemency. Considering all the circumstances there can be no doubt that he has been sufficiently pun- ished. He has been in prison over twenty-four years, his conduct has been exemplary, and the district attorney who procured the conviction is very earnestly in favor of his release. March 22. Herman Schoenberg. Sentenced December x 5> I 9°5 » county, New York; crime, perjury; term, five years and one month; Sing Sing Prison. Commuted to one year, three months and eight days, actual time. He was convicted of perjury in falsely swearing in order to justify as surety on a bail bond that he was the owner of certain real estate. His health is very poor and on a consideration of the facts I have concluded to order his release. This is recommended by Judge Goff, who sen- tenced him, and by the district attorney. April 6. Leonardo Broncado. Sentenced October 26, 300 Public Papers of Governor Hughes 1906, to be executed; county, New York; crime, murder, first degree ; Sing Sing Prison. Commuted to imprisonment for life. This case has been called to my attention by the Judges of the Court of Appeals, with a recommendation that the sentence be commuted. The prisoner was convicted in October last of murder in the first degree for killing one Lapaglia. A feeling of hostility had existed between the two men for some months. This finally culminated in a fight in which the deceased was shot and killed by the prisoner. In affirming the con- viction, .the court, after reviewing the evidence, say: " While of the opinion that the evidence justified the ver- dict of the jury and that interference with their determina- tion is not permissible, we fully appreciate that there are circumstances in this case, such as the failure of the defend- ant to use his weapon at the beginning of the altercation and the fact that the deceased was the aggressor in the final struggle which resulted in the fatal shot, while not controll- ing the legal character of the defendant's crime, tend to diminish the moral fault, and an appeal for clemency, it may be, should relieve him from suffering the extreme penalty of the law. With these considerations we cannot deal. They must be submitted to the Governor of the State, to whose judgment, under the Constitution and the law, the whole subject is confided and from whom they will doubtless receive due weight." I have thoroughly examined the case and concur fully with the court that the death penalty ought not to be in- flicted. I have, therefore, commuted the sentence to im- prisonment for life. June 28. John Joyce. Sentenced August 15, 1887; county, New York; crime, robbery, first degree, second' offense ; term, twenty-four years and nine months ; Sing Sing Prison. Commuted to nineteen years, eleven months and three days, actual time. Pardons and Commutations 301 With the allowance of full statutory commutation, Joyce's term would have expired in September, 1902, but on account of various acts of insubordination and misconduct, more than half of it was withheld. For several years past, however, his conduct has been good, and the prison officers now ask that he be discharged. Clemency was recom- mended several years ago by Judge Gildersleeve, before whom Joyce was tried. August 13. George Jones. Sentenced January 23, 1904; county, Herkimer; crime, arson; term, four years and six months; Auburn Prison. Commuted to two years and five months, actual time. Jones was indicted jointly with one Brown for the crime of arson in setting fire to a furniture store at Little Falls with intent to defraud insurers. Brown was proprietor of the store and it was claimed that he procured the building to be fired by Jones, who was in his employ as a salesman. Jones was tried first and was convicted, and the convic- tion was affirmed by the Appellate Division, and, after- ward, by the Court of Appeals. Brown has been tried three times. At the first trial and again at the second the jury disagreed. The third trial re- sulted in his conviction, but it was reversed by the Appel- late Division and the order of reversal has been affirmed by the Court of Appeals. It is now understood that there will be no further trial. Jones' petition for clemency was filed in January, 1906. It is based entirely upon the claim that he is innocent, and in passing upon the question and finally disposing of the case I cannot do better than to quote from a letter received by me from Hon. Peter B. McLennan, Presiding Justice of the Appellate Division, who took part in the decision affirm- ing Jones' conviction and also in that reversing Brown's. He says : " The issue as to the guilt of Jones was an exceed- ingly close one, and the fact that two juries disagreed as to the guilt of Brown, who concededly was the principal, and that Jones was not guilty unless Brown was, and that 302 Public Papers of Governor Hughes the third trial of Brown resulted in conviction only because of the introduction of incompetent evidence, lead me to doubt very seriously whether I should have voted in favor of the proposition that Jones' guilt was established beyond reasonable doubt. I am led to recommend the pardon of Jones, not only because two juries disagreed upon the trial of the issue of Brown's guilt, the principal, and because the third jury found him guilty only because of improper evi- dence received, as determined by the Appellate Division, but also because I am reliably informed that a large number of the best citizens of Herkimer county, and especially of the city of Little Falls, who are acquainted with Mr. Jones and are acquainted with the main facts relating to his guilt or innocence, are satisfied that he has been improperly con- victed." I have also a letter from Judge Vann of the Court of Appeals, expressing grave doubt as to the correctness of Jones' conviction. He says : " If I had the power to pardon I should exercise it in his favor, and I unite with Justice McLennan in recommending that he be pardoned." August 15. Frank McMahon. Sentenced May 29, 1902; county, Monroe; crime, robbery, first degree; term, nine years ; Auburn Prison. Commuted to five years, two months and twelve days, actual time. As this was McMahon's first serious crime and as his conduct in prison has been unusually good, he is, I think, fairly entitled to something more than the commutation provided by statute, by the allowance of which his term would expire in May next. His release at this time is strongly recommended by Judge Sutherland, who sen- tenced him. August 19. Benjamin Hahn. Sentenced November 23, 1880; county, Onondaga; crime, burglary and assault; term, seventy years; Auburn Prison. Commuted to twenty-six years, eight months and twenty- five days, actual time. Pardons and Commutations 303 Hahn and one Barto were convicted under indictments charging them jointly with several offenses of burglary and assault, all of which, 'however, were parts of the same transaction. » Barto was sentenced to imprisonment for thirty years, and was discharged by special commutation after serving three years. Hahn was sentenced to imprisonment for seventy years, and has now. been in earmnement for almost twenty-seven years. He was twenty-three at the time of his conviction, his conduct during his long imprisonment has been uni- formly good, and although he appears to have been more responsible for the crimes and consequently more deserv- ing of punishment than his younger companion, still the sentence imposed was altogether too severe, and to require him to serve the whole of it would be exceedingly unjust. He is now fifty years of age and if clemency is ever to be granted it should be granted now while he is able to work and earn his living. I think he has suffered a sufficient punishment and that his application ought to be granted. XII niSCELLANEOUS 305 XII MISCELLANEOUS FRANCHISE TAX APPRAISERS' FEES Letter to Martin H. Glynn, State Comptroller, Respect- ing the Collection of the Transfer Tax State of New York — Executive Chamber Albany, January 8, 1907 Hon. Martin H. Glynn, State Comptroller, Albany, N. Y.: My Dear Sir. — In order that I may be advised of the pre- cise facts as a basis for recommendations to the Legisla- ture, I should be glad to receive at your earliest conven- ience a detailed statement showing the amounts expended during the past ten years (exclusive of county treasurer's fees, appraiser's salaries and expenses incident to appraise- ment), in connection with the collection of the tax on trans- fers of decedent's estates, whether for counsel fees, or otherwise. I remain Very respectfully yours (Signed) CHARLES E. HUGHES Responsibiliy of Local Officials Governor Hughes received many inquiries with regard to his attitude toward local officers charged with the en- forcement of the law. On March 6, 1907, the Governor made the following statement : 307 308 Public Papers of Governor Hughes " I am in receipt of many letters from various parts of the State with regard to violations of law. They are of various degrees of importance. Many of them are anonymous. They form a large part of my mail, the mere examination of which consumes an enormous amount of time. When- ever such a communication, apparently from a responsible source, is sufficiently specific, it is my practice to refer it to the local authority responsible for the enforcement of the law. I assume that the officers to whose attention such matters are brought will do their duty according to the facts of the particular case. " Local officers elected by the people are responsible to the people. My official relation to them is that I am vested by the Constitution and statutes with the power of removal where charges sufficient to warrant that course are sus- tained after due hearing. Such a matter, therefore, prop- erly comes before me only upon the presentation of charges- accompanied by such specifications and evidence as would warrant me in taking action." Statement by the Governor Regarding General Roe Albany, N. Y., April 25, 1907. " I greatly regret that statements have been made in the public press to the effect that General Roe was ignored or his recommendations overruled in the orders recently is- sued relating to a detail of a portion of the National Guard. " In fact, the action finally taken was after conference with General Roe, and was in accordance with his own recommendations as expressed in his letter. " The published statements to which I have referred are unjust, and it is only fair to say that there was entire har- mony as to the conclusion reached, and there is no friction between General Roe and myself." Miscellaneous 309 ONEIDA INDIAN LANDS Letter to the Attorney=General Regarding a Petition of the Oneida Indians State of New York — Executive Chamber Albany, October 29, 1907 Hon. William Schuyler Jackson, Attorney-General, State of Nezv York, Albany, N. ¥.: Sir. — I beg to acknowledge the receipt of your communi- cation under date of the 28th instant, giving the results of your examination into the matter of the petition filed with me by chiefs of the Oneida Indians and stating that in your opinion if the band is dispossessed under a sale- in the pend- ing suit to which you refer, that act would constitute a vio- lation of Indian rights. In view of this conclusion I approve of the course you propose, that is to say, of the presentation by you of the facts to the Supreme Court. Very respectfully yours (Signed) CHARLES E. HUGHES Enforcement of Election Law State of New York — Executive Chamber Albany, November 2, 1907 Hon. Theodore A. Bingham, Police Commissioner of the City of New York, New York City: Sir. — In view of the vast importance to the community of having elections honestly conducted, I request you to use all the means at your command to secure the enforce- ment of the law in connection with the coming election. 310 Public Papers of Governor Hughes While the State Superintendent of Elections for the Metro- politan Elections District is vested with large powers and corresponding responsibilities, the department of which you are the responsible head also has its obligations, the due discharge of which is essential to protect our citizens from the corrupt perversion of our election machinery. I, therefore, ask you, by appropriate instructions to the police force and supervision of the exercise of their powers, to use your best efforts to secure an honest election on Tues- day and the apprehension of violators of the law. Very respectfully yours (Signed) CHARLES E. HUGHES Commissioners on Banks and Trust Companies Albany, November 13, 1907 Governor Hughes to-night gave out the following letter : Messrs. A. Barton Hepburn, Edwin S. Marston, Edward W. Sheldon, Algernon S. Frissell, Stephen Baker and Andrew Mills, New York City, N. Y.: Gentlemen. — In view of recent events it has seemed to me desirable that information and recommendations should be obtained from men who, by virtue of long experience and expert knowledge, are in a position to judge of the measures which may be desirable to safeguard the interests of 'our citizens by promoting the security of financial in- stitutions organized under the laws of the State and by pre- venting to the fullest extent possible the recurrence of dis- turbances such as we have lately witnessed. For this purpose I have no authority to create or au- thorize any State obligation. But for my own guidance and for the benefit of the people of the State I deem it both proper and important that at as early a date as possible, Miscellaneous 31 r and in advance of the- meeting of the Legislature, opportu- nity should be afforded for the expression of matured opinion with reference to the improvement of our financial legisla- tion. * I, therefore, request you, whom I have selected (without thought of disparaging the qualifications of others) as representative men having expert familiarity with these matters, to act as a committee for the purpose of collating facts, receiving suggestions and expressing the views which, after due reflection, you may entertain with refer- ence to the following question: What, if any, changes are advisable in the laws of the State relating to the incorporation, conduct of business, and supervision of banks and trust companies? I do not suggest any particular method of procedure on your part, being content to leave that to your own judg- ment. While your report will be formally independent of that of the superintendent of banks — who will also have these matters under careful consideration, and whose advice I ex- pect to receive — he will no doubt be glad to co-operate with you and to furnish any assistance within his power. In- deed I believe that full and free conference with him throughout your deliberations will be mutually helpful. I must ask you to undertake this important work solely as a matter of public service without provision for com- pensation or indemnity for expense. But you may be as- sured that your fellow citizens will not fail gratefully to appreciate your public spirit. I shall be glad to receive your report on or before De- cember 15, 1907. I remain Very respectfully yours (Signed) CHARLES E. HUGHES 312 Public Papers or Governor Hughes Notice of Vacancies in Offices State of New York — ■ Executive Chamber Albany, November 4, 1907 To the Board of Trustees of the Village of East Rochester, East Rochester, N. Y.: Sirs. — Pursuant to the provisions of section 26 of the Public Officers Law, I hereby give you notice of the exist- ence of a vacancy in the office of president of the village of East Rochester, under and pursuant to a judgment of the Supreme Court, county of Monroe, dated the 28th day of October, 1907, and filed in the office of the clerk of said county; and I also herebjSgjve you notice of the existence of a vacancy in the office of trustee of the village of East Rochester under and pursuant to a judgment of the Supreme Court, county of Monroe, dated the 28th day of October, 1907, and filed in the office of the clerk of said county. Copies of said judgments are hereto annexed. Very truly yours (Signed) CHARLES E. HUGHES New State Prison Site Approved State of New York — Executive Chamber The commission on new prisons appointed pursuant to chapter 670, Laws of 1906, having presented to me the an- nexed report dated November 27, 1907. I hereby approve the selection of the site described in said report as the site to be purchased for a new State prison and I approve the purchase thereof, pursuant to the provisions of said act as amended by chapter 521, Laws of 1907, and upon the terms stated in said report. Dated Albany, N. Y., December 5, 1907. (Signed) CHARLES E. HUGHES By the Governor: Robert H. Fuller Secretary to the Governor XIII APPENDIX 313 XIII APPENDIX In Relation to the Examination of Otto Kelsey, Superin- tendent of Insurance, Before the Governor State of New York — Executive Chamber Albany, February 18, 1907 Gov. Hughes. — How do you do? Mr. Kelsey, will you take a seat, there, please? (Indicating seat before Governor's desk.) Mr. Kelsey, the Public Officers' Law provides that when- ever the Governor has under consideration the question of the advisability of recommending to the Senate the removal of any officer he may in his discretion take proofs. It seemed to me, in view of your letter and of your evident feeling that justice required the consideration of the facts touching your administration, that the best course of procedure was to take your testimony. In that way the facts can be suitably devel- oped and all misapprehension avoided. Mr. Kelsey. — Is it a matter, Governor, that you would feel that I ought to have counsel, or might have, not knowing any- thing of the range of the examination? Of course, I would be in the dark as to what my own requirements might be. Gov. Hughes. — Well, of course, counsel technically would have no right to participate in the proceeding. If at any stage of the inquiry a matter should be presented in regard to which fairly you should be entitled to consult with counsel, I should be very desirous that you should have that opportunity with- out any reference to any technical question that might be involved. It is my desire simply to examine you touching the 315 316 Public Papers of Governor Hughes matters with which you are personally acquainted, your own attitude, and your own acts; and I confess I do not see how counsel could be of any assistance to you. Mr. Kelsey. — Probably not, Governor, I don't care for it. Was it- your idea that you would take any extended time, Governor ? Gov. Hughes. — Well, I can't say how long. I desire simply, as I have said, to get at the facts and much will depend upon the course of the examination as to the time that it will take. Mr. Kelsey. — I should be happy to furnish what I can, of course. Gov. Hughes. — Certainly. Oh, you will have ample oppor- tunity in case anything comes up where you need to refresh your memory in any way. Mr. Kelsey. — I should feel confident from my knowledge of you that I would. Gov. Hughes. — Certainly. I do not desire that anything should be done that would put you to the slightest disad- vantage. Mr. Kelsey. — The only reason for my asking, Governor, was the unexpected suddenness, as you might say, of being asked to come in and not knowing the scope of the examina- tion at all, simply preparatory as to what might be desired hereafter, if it was to extend over to-day, or anything of that kind. Gov. Hughes. — I supposed you were at all times ready to ■ inform me. Mr. Kelsey. — So far as lies in my power I certainly am. Gov. Hughes. — I didn't suppose you would be in any respect taken by surprise. I shall endeavor to make the scope of the inquiry such as will be entirely proper and, as I have said, if there is any matter as to which you need to refresh your memory or consult records, or papers, you shall have that op- portunity without question. Mr. Kelsey. — The surprise, Governor, if you will allow me just a word, was not that you should ask it, but of the formal preparation of the examination. My own idea has been that Appendix 317 if we could talk together over what the situation was, I could give you my idea of it, and the situation that I have been under, to better advantage, perhaps, than in a formal examina- tion of this character, but I am perfectly willing to abide by your decision. Gov. Hughes. — So much has appeared in the public press regarding the matter and your letter has appeared this morn- ing, and the matter is regarded as one of such public concern, that it seemed to me most desirable that we should get at the facts and put them beyond the likelihood of dispute. Mr. Kelsey. — Very well. Gov. Hughes. — Will you be sworn ? (The oath was then administered by Governor Hughes to Mr. Kelsey.) The examination of Mr. Kelsey was then conducted by Gov- ei nor Hughes* as follows : Q. Mr. Superintendent, when did you assume your office? A. I think it was May 17th. Q. In order that we may properly understand your attitude at that time may I ask whether you read the report of the Leg- islative Investigating Committee known as the Armstrong Committee? A. I had as it appeared in the newspapers. Q. I am not speaking of the reports of the proceedings from time to time, I am speaking of the report of the Committee made to the Legislature. A. I remember reading a synopsis of it in the papers and also the pamphlet when it was issued. Q. When did you read the pamphlet — I assume you mean the published report ? A. I couldn't give the date. Q. Was it before you became Superintendent? A. I wouldn't be sure of that; that is in the final official form in which it was printed. Q. After you became Superintendent did you read the report of the Committee? A. I have read from time to time sections of it. I don't think I ever sat down and read it from begin- ning to end. Q. When did you first begin the consideration of the report, that is, you say you read sections of it, when did you first? 318 Public Papers of Governor Hughes A. Why, as matters came up in the Department I have occa- sionally turned and read in relation to some company, or some- thing of that kind. Q. Did you never read the report consecutively after you became Superintendent? A. I don't know that I ever read it from beginning to end at one time, no. Q. How much did you ever read at one time? A. I might tell if I had the report, to see some companies ; I should say fifteen or twenty pages, possibly more. Q. After you took office in May, 1906, did you not take up that report for careful study to be advised as to the conditions which had been disclosed? A. I don't think I did specifically. Q. Did you take up that part of the report which concerned the Insurance Department? A. I have read that. Q. When did you first read it? A. I couldn't say, Governor, whether it was at the time that it was printed in the papers, or subsequently. I had the report on my revolving desk there and I have referred to it frequently. Q. When you became Superintendent of Insurance did you take up that part of the report touching the Insurance Depart- ment for study ? A. I couldn't say that I did for study any more than to read it from time to time as matters of interest Ci.me up. Q. You know what I mean, Mr. Superintendent. When you took office did you take the report of the Committee for the purpose of ascertaining what had been disclosed regarding in- surance conditions so that you might be advised of your duty? A. I don't think that I did any more than as I told you. I had already read and there had been more or less talk among the people interested in public affairs from time to time. Q. Was that all there was of it, of your consideration of that matter? A. That is all, beyond reading it. Q. In the way you have described? A. At times, yes. Q. Were you advised when you took office, or shortly after, that very serious irregularities in the management of life in- surance corporations had been disclosed during the investiga- tion of the Legislative Committee? A. Why, I knew in a Appendix 319 general way, yes, sir. There was no specific time that I had any particular advice in relation to it. Q. After you took office did you endeavor to acquaint your- self with the character of the irregularities which had been dis- closed? A. I can't say that I studied them out any more mi- nutely than I had already. I was a very busy man, Governor, in the Department. Q. You were aware, were you not, that there had been a waste of the monies of the policy-holders in the management particularly of the three companies? A. I had, yes. Q. You were aware extravagant salaries had been paid? A. Yes. Q. That commission contracts had been allowed to favorites in certain instances that were improper? A. Yes. Q. You were aware enormous money sums had been dis- bursed on executive order without any proper accounting? A. Yes. Q. You were aware that the requirements of the Insurance Department, intended to furnish information as to the trans- actions of the companies, had been evaded? A. Yes. Q. Were you also aware that there had been examinations of these companies made by the Insurance Department which had failed to disclose these irregularities ? A. I was so advised by the report. Q. You read the part of the report that bore on that? A. I read the whole of the report at intervals, as I say. Q. When did you first become informed that the Insurance Department had conducted examinations of these companies which had failed to disclose these irregularities ? A. I couldn't say the date, about the time of the examination, the Investigat- ing Committee. Q. Then you already knew that when you took office? A. Certainly. Q. Did you become aware of the fact that the Equitable Life Assurance Society had been examined by the Department in 1902? A. I wouldn't remember the date; I knew they had been examined. 320 Public Papers of Governor Hughes Q. Didn't you undertake to ascertain after you became superintendent how late the examination had been made of the Equitable prior to the examination which took place after the trouble between the officers, and whether or not that examina- tion had disclosed any of the irregularities that existed? A. I don't know that I did. Q. Did you become aware of the fact that the Mutual Life Insurance Company had been examined by the Department as late as 1903,? A. I can't recall the date now; I knew they had been examined, yes, sir. Q. Well, did you know that they had been examined not long before the investigation, within two or three years? A. I don't remember the date. I remember your report recites as to each of the three companies, I think the certificates, etc., of the examination. Q. And you also became aware of the fact that the New York Life had been examined as late as 1904 by the Insurance Department? A. I presume I did; I don't recall the date now. Q. Now, you became aware that these examinations by the Department had been conducted in a manner which failed to disclose — — A. (Interrupting.) Yes, sir. Q. (Continuing.) these irregularities? A. Yes, sir Q. And you knew that those charged with those examina- tions had been grossly derelict in their duty, had they not? A. So stated in the report. Q. You knew that? That was your own view? A. That was my own view ; I had nothing to contradict it. Q. You knew that if in 1903 when the Mutual was examined those charged with that duty had properly performed it they would have disclosed many of the irregularities which shocked the public when they were brought to the public attention? A- Possibly they might have; I don't know that I could pass judgment on it. Q. Well, you know, for example, that they would have dis ■• closed the condition of the accounts in the supply department of the Mutual Life, didn't you? A. I should think they ought to. Appendix 321 Q. And you know they would have disclosed the amount paid to Mr. McCurdy and the circumstances under which the payment was made? A. Well, I couldn't remember the facts in each separate case. Q. You know that it would have disclosed the relation of Mr. Fields to the Mutual? A. I should think it ought to. Q. And all his transactions? A. Yes, sir. Q. Now, did you endeavor when you became Superintendent of Insurance to determine or ascertain who was in responsible charge of those examinations? A. Well, I knew from the reports. Q. What deputy had charge of these examinations? A. Robert H. Hunter. Q. And what did you understand had been Mr. Hunter's function prior to the time you became superintendent? A. That he was the head of the New York office. Q. And as such had charge of what? A. Had charge of the examinations, that is, in connection with Mr. Vanderpoel. Q. You understood that Mr. Vanderpoel was subject to his direction ? A. Well, not entirely, but that they were together. Q. Did you understand that Mr. Hunter was in authority, in a position to give Mr. Vanderpoel instructions as to the course of his examination? A. Well, not quite to that extent perhaps, but as I understand, he was the deputy in charge, but in the examinations my understanding was Mr. Vanderpoel in the technical part of it was the responsible authority. Q. Did you read Mr. Hunter's examination or testimony before the Armstrong Committee? A. I did. Q. Were you not advised that Mr. Hunter had authority in the absence of the Superintendent to direct the course of the examinations? A. Well, I don't recall what he testified to in that respect. Q. Now, after you had become aware of the irregularities that existed and of the course of the examinations and their failure to disclose the existing conditions, did you regard Mr. Hunter as a fit man to be entrusted with that work ? A. Not individually by himself, no. II 322 Public Papers of Governor Hughes Q. Well, what he was entrusted with he was entrusted with "individually by himself," wasn't he? A. Well, except we required him to report in detail and take his directions from Albany. Q, When did that occur? A. That was done afterwards, , and after I came in. Q. Did you regard him as a fit man to have charge of ex- aminations in view of the record that was disclosed by the examination while he was First Deputy in New York? A. Well, perhaps I ought to qualify it in that way. I regarded him as competent from his experience and knowledge of the details, but perhaps as not qualified to take the sole charge without responsibility to me. Q. Do you know how many years he had been in New York? A. I do not know, I should say eight or nine, some- thing like that. Q. Do you think that one in charge of the examining work in New York who through a period of years has permitted examinations to be conducted in such a manner, that such gross irregularities could exist without being brought to the atten- tion through the examination of the public can be regarded as a competent man? A. I thought the circumstances had changed decidedly from the practices that prevailed prior to that date. Q. What circumstances ? A. The results of the investiga- tion, the new statutes that were given and the general straight- ening up of all the business affairs pertaining to life insurance companies. Q. You mean the companies were better managed ? A. No, I mean better behaved. Q. Well " better behaved." Did you not understand that the very object of the examination had been in the past to secure proper publicity as to their conduct? A. I understood that is what it should have been. I thought it was omitted. Q. Then you thought in case the insurance companies were better behaved that you could regard Mr. Hunter as com- petent? A. No. Appendix 323 Q, Well, what was your opinion as to his competency? A. My opinion was that he was qualified for all the technical work by reason of his acquaintance ; that when a duty was assigned to him for a specific case he did it effectively and reported im- mediately ; that I kept in touch in regard to it enough to, be confident that I was not being misled or — =— Q. (Interrupting.) Was he any more fit after you became superintendent than he was in the past ? A. I presume, not, but he had had his attention called to what had to be done Q. Are you not aware that the prior superintendents of insurance, although technically responsible for the operation of the department, had been misled by their subordinates? A- Well, that was a conclusion that the committee came to. Q. Well, did you see any occasion to disagree with it ? A- Well, I don't know, Governor, that I did one way or. the other. Q. In other words, with the many matters that a superin- tendent must of necessity attend to from time to time, it. is absolutely necessary that he should have deputies and subordi- nates in whom he can have confidence? A. Precisely so. Q. You know that it is impossible to check up the work of a man who is in charge of examinations? A. I do. Q. In any effective way if he himself has a person upon whom he cannot rely? A. I do. Q. You knew that in the future it would be impossible for you to check Mr. Hunter's action in any proper way .so that you would ascertain that he was not doing his duty, if in fact he hadn't? A. Well, I wouldn't say I knew it. Q. In other words, you knew that you must first satisfy yourself whether he was a man in whom you were entitled to repose confidence? A. Well, partly that. I knew that I must have a qualified man and I didn't feel I should change until I had some understudy or some competent man in his place. Q. Well, before we come to the question of making a change for convenience. You felt you could, remembering you had all the results of the committee before you and all the ex- aminations of the committee that were out, you could rely on 324 Public Papers of Governor Hughes Mr. Hunter? A. I thought I could under the different cir- cumstances under which he was at work for me. ' Q. And these circumstances were your changed instructions • to him ? A. That and a personal supervision. Q. Personal supervision by whom? A. Well, his frequent reports, his inquiries by 'phone and otherwise as to every de- tail which was to be transacted down there. Q. But you had to rely on the accuracy of the reports? A. Yes, sir. Q. Just as Superintendent Hendricks and Superintendent Payn relied on the accuracy of their reports? A. I think a little different. Q. Because it was a little more specific A. (Interrupt- ing.) Yes, sir, because he was in a different attitude in the Insurance Department by reason of the investigation. Q. Your idea was, in spite of Mr. Hunter's relations to these examinations in the office, you could properly maintain him in office? A. I thought I could to the advantage of the Department, yes,. sir. Q. And you saw no reason to make a change until it was — well, did you see any reason to make a change? A. I had expected to make a change. Q. Well, when? A. I had expected to reorganize the De- partment there by doing away with the first deputy. Q. Well, when did you expect to make a change in the per- sonnel of the first deputyship^ - A, I don't know that I had a precise date, Governor. I-thought that as the Legislature met and as the business was -straightened out we could get rid of the delay and th,e flood of work that came with the new law that ,the Legislature would provide for a chief examiner and an, , assistant examiner, that I would dispense with the first deputy and start in that way. Q. Well, do you mean that you thought the position should be abolished? A. Well, I would have the work done by the chief examiner instead of by the first deputy. I think the first deputy should be in Albany. Q. Did you contemplate a dismissal of Mr. Hunter? A. Well, with his withdrawing from the service. Appendix. , 325 ■Q. Did you contemplate his 1 dismissal? A. You mean by personal letter, dismissing him? Q. By your dismissing him? A. I don't know as I did. I contemplated him being out of the department. •» Q. Well, as a result of the reorganization of it as I under- stand ? A. Partly ; it would reach that, result. Q. If that ever took place? A- Well, I expected it would. Q. Provided you had done the action you contemplated by the Legislature, otherwise not? A. No, I think otherwise I should have arranged. Mr. Hunter expressed to me himself his willingness to withdraw. Q. When was that? A. Well, it was along in the summer or fall. Q. Of what year, last year? A. This last year. Q. 1906? A. Yes, sir, at the time, the first of October, our fiscal year terminates, the expense account to the first of October I cut off $2,300; he had $5,000 and a sum allowed him, $2,300, for expenses. In view of the action of the Legis- lature in taking the expense accounts off from State officials generally, I made the same rule down there for both Mr. Van- derpoel and Mr. Hunter and it was in that connection that he said there wasn't enough in it for him and he was ready to go. Q. And that was about the first of October? A. Well, it was pretty soon after ; I couldn't tell the date. Q. Some time in October? A. I should say after the first week or such a matter. Q. And before that time had you said nothing to him about going? A. Well, I think I had talked with him before. Q. What had you said to him? I wouldn't remember the conversation; it wasn't anything very definite, Governor.. Q. Well, what was it in general, in substance? A. Well, that we were likely to have a change in the department there. Q. A reorganization? A. And he said he understood the situation. Q. What was the situation he understood? A. Simply what we have been discussing, the upheaval in the insurance matters and the difference in the opinions of people as to how it ought 3"2f5 Public Papers of Governor Hughes to be conducted. He didnt want to be embarrassing me in any way. Q. Did he voluntarily say this to you, or did you speak to him about it in the first instance? A. I couldn't say. It came up in a talk. Q. Well did you have any talk with him about the difference of opinions that Obtained with reference to the management of the department? A. I have at different times. Q. No, had you at that time or previous ? A. I couldn't re- member the date. I know Mr. Hunter was very sure that his record was right ; that he wasn't afraid of that, but he under- stood the feeling and the public sentiment as shown by the press, etc. Q. Did he tell you he felt his record was right? A. Yes, sir, he said it was. Q. What did you say to that ? A. I don't know as I made any direct reply. Q. When he told you that he thought his record was right and that he understood the feeling of the press, did you tell him what you thought of the course of the Department in con- nection with these examinations ? A. The prior ones ? Q. Yes. A. I did not. Q. Well, when did you first state to Mr. Hunter, if at all, your opinion of the prior examinations? A I don't recall that I ever did in the way of charging him with crime or anything of that kind. Q. Oh, we are not talking about crime ? A. Well, with lax- ness or remissness. Q. Didn't you charge him with it? A. Only in discussing the report, I think, comments upon what we all recognized as the situation. Q. You speak of "the situation," and do I understand you refer to the troubled state of public opinion? A. Possibly, yes, sir. Q. I am inquiring as to your own views. Didn't you have decided views when you took office that the Department re- quired overhauling and that those responsible for dereliction should be dismissed? A. I expected that they would be. Appendix 327 Q. Did you include Mr. Hunter in that category? A. I ex- pected in the reorganization he would be out. Q. And this reorganization that you speak of was a reor- ganization of positions and a classification; a different classi- fication? A. Well, somewhat, yes, sir. Q. To take place in the indefinite .future? A. No, it was to take place as rapidly as could be provided and with the work we were conducting. Q. Well, nine months have gone by now. Had you prior to two or three weeks ago any definite time fixed when it was to be completed ? A. Yes, sir. Q. When was it to be completed? A. Anywhere about the present time. I expected it would be in the month of January. Q. In that connection with your talks with Mr. Hunter did you say anything to him regarding your opinion of his fitness for that position ? A. No, the work he did under me was done effectively as nearly as I could get at it. Q. Was it your idea you could deal with him so far as you kept close track of him, or that you could put responsible matters in his charge and that his record was such that you could be satisfied with the results? A. Well, I didn't feel, Governor, that he was a man that I had got to watch every second with the line of his duty before him, whether it was verifying a capital statement or any one of the dozen things that he takes charge of. He would ask in detail about it, if he would go to the bank, or trust company. He used to tele- phone stating how he found those things and ask what should be done and in that way I felt we were getting along excep- tionally well and properly. Q. In other words, you do have confidence in his doing the work which you placed in his charge? A. Under those cir- cumstances, yes, sir. Q. Did you retain him as First Deputy? A. Well, he has continued in that same position, yes, sir. Q. There has been no change to the present time in his office? A. No, sir. Q. Is he in charge of the examining work? A. Yes, sir. 328 Public Papers of Governor Hughes Q. Has he been since your incumbency? A. Well, he has been there in connection with Mr. Vanderpoel; he has been there in that connection. Q. Has there been any change in his official relation to the Department since you took office ? A. In what way ? Q. In any way. Does he still have the same office and the same duties that he previously had? A. Well, I don't know exactly what authority he had before. He has though in the manner I have stated under directions. He does whatever is sent down to him in the way of examinations. Q. Have you had examinations ? A. They are all the while running, Governor. Q. Are they in his charge as First Deputy? A. I think the warrant runs to him and to the examiner. Q. Are you positive of that? A. No, I am not, but that was my recollection of it ; they do frequently, but whether they do in all cases or not I don't know. Q. But so far as his having charge of the examination is concerned he is left there in a position of authority? A. Yes, sir. Q. You rely on what he reports to you? A. And from other sources ; yes, sir. Q. What are the other sources? A. The Chief Examiner and such inquiries as I make through Mr. Patterson, our Chief Actuary, who is in touch with the situation down there. Q. If you get a report in regard to financial transactions, or an examination in regard to the financial transactions of a com- pany from Mr. Hunter, you rely upon that report except as you individually may be able to make inquiries in regard to it ? "A. Yes, sir; usually the companies are notified of the report, and if they have fault to find in regard to it they are given a hearing; sometimes have side lights on it from various cor- porations in that way. Q. Providing they criticize it ? A. Yes, sir. Q. I think that it has been the practice in the past, or prior to your incumbency, for the Chief Examiner to make a report of examinations? A. Yes, sir. Appendix 329 Q. Is that practice still continued ? A. I think so ; yes, sir, I don't think we had any since Mr. Vanderpoel left. Q. Did Mr. Hunter place in your hands any written resig- nation? A. His talk with me was a verbal one. He said he wanted me to understand I had his resignation, but I think he told me on a subsequent occasion he had sent a written resigna- tion up; I don't recall having seen that. Q. When was that subsequent occasion ? A. Well, I should say it was since the first of January. Q. Have you talked with anybody else with regard to this, dismissal of Mr. Hunter? A. I had. I don't call it a dis- missal though, Governor; in regard to the change in the ad- ministration of the New York office. Q. Well, then, as I understand it, your plan was some reor- ganization which might abolish that position? A. Yes, sir. Q. And might relieve Mr. Hunter of his office. It would be in the nature of a change in the Department rather than a dismissal of Mr. Hunter ? A. I think the First Deputy should be here in Albany with the amount of work and the responsi- bility instead of being in New York at the head of the Exam- ining Bureau, and I thought of a substitution from time to time as the business permitted; and the going in of a man trained a little for it would answer every purpose and would be in better business shape than to publicly dismiss or repri- mand or reduce him in the estimation of his friends by that sort of a curt dismissal. Q. Then you thought he shouldn't be publicly reproved or reprimanded? A. No more than already had been inflicted. Q. What was the reason that led you to that conclusion? A. Well, it was a feeling of what was reasonable and right. Q. You sympathized with him in his position? A. I don't know as you would call it sympathy. I had consideration for him. In his general conduct I haven't known of his being called disreputable at all. Q. You desire then to save him from whatever odium would attach to his dismissal from the service ? A- I think there was no reason in my judgment of injecting Mr. Hunter in this case as long as I could reach the result otherwise. 330 Public Papers of Governor Hughes Q. You thought you could reach that result in time through a reorganization of the Department? A. I thought the De- partment needed a reorganization and that was the understand- ing of the Committee. I wasn't reorganizing to get rid of him. Q. You were not? A. No, sir; I thought the business wasn't in the right shape. I think so still. Q. So your way of getting rid of Mr. Hunter was to have a reorganization? A. A reorganization. If I found it in that shape, and where it was satisfactory with the different incum- bents I should have asked him to go. Q. Did you make any effort after you took office to obtain a good man to take his place? A. Well, not until perhaps the end of the year. Q. You mean toward December? A. Yes. Q. The place that he held was exempt, wasn't it, from com- petitive examination? A. I think so; it is non-competitive. Q. You were willing if you got a satisfactory man to put him in that place? A. I had been so busy, Governor, that I had not felt that I had reached a point that I could dispense with him very easily in the usual conduct of the business. Q. Did it occur to you that it might be a dangerous thing to rely upon the reports of one. who had been in charge of ex- aminations for a period of years with the results shown by the Armstrong Committee's work? A. I don't think it did. I recognized the situation ; I recognized the defective work, but I felt that under the changed circumstances I was getting faithful service. Q. Now, when you became Superintendent, who was the chief examiner? A. Mr. Vanderpoel. Q. Was he continued by you as chief examiner? A. He was. Q. Did you read Mr. Vanderpoel's testimony before the Insurance Committee? A. I think I did. Q. When did you read it? A. I couldn't give you the date, Governor. Q. Did you know that Mr. Vanderpoel had had personal charge of the examination of the Mutual Life in 1903? A. I Appendix 331 did; I don't remember the date distinctly, but I rememher he had charge of the examination. Q. And made the last examination? A. The one that is mentioned in your report. Q. The last examination that is mentioned prior to the meet- ing of the Armstrong Committee? A. Yes. Q. Did you read his report of the results of that examina- tion? A. I did, as it is embodied in the Committee report. Q. That is what I mean ? A. Yes. Q. Did you read that after you became Superintendent? A. Yes. Q. You had brought to your mind all that Mr. Vanderpoel had professed not only as to examining into the condition of the company to ascertain its solvency, but also to ascertaining whether it was properly managed in the interest of its policy- holders, did you not? A. Yes. Q. I will refresh your memory by reading what Mr. Van- derpoel says in his report with regard to the Mutual in 1903, submitted to Superintendent Hendricks under date of Septem- ber 24, 1903. He says : '•' If the scope of the investigation were confined solely to ascertaining the fact that the corporation was solvent under the law, that is, that its assets were properly invested there- under and equal to or in excess of liabilities, the time occupied in- determining this question would be relatively limited com- pared to that required to determine likewise whether the com- pany had been managed in the best interest of policy-holders, the cost of whose insurance to them, in a purely mutual com- pany, depends largely upon an intelligent administration of its affairs. An examination, therefore, of receipts and disburse- ments for a series of years becomes necessary, if we are to arrive at any idea of the conduct of a company's business with the view of confirming the belief that the welfare of all policy-holders has been conserved by the character of its man- agement in the past. I believe the time occupied in establishing this fact was amply warranted. It necessitated, among other things, inspecting and reviewing in speeific detail as to items 332 Public Papers of Governor Hughes contained therein the monthly reports of all agencies since December 31, 1897. Thus agency receipts from new and re- newal premiums with corresponding commission disbursements and all expenses of every nature pertaining to the procuring of new business or the renewing of old have been thoroughly ex- amined, both as to domestic agencies and agencies under the supervision of the company's foreign department. So also have all disbursements for expenses properly chargeable to home office been exhaustively reviewed. Every facility was afforded by the company's officers and the heads of its several departments to thoroughly accomplish the work which has been materially expedited by the admirable methods in vogue at the home office in the handling of accounts and keeping of books of initial or final entry." You read that report by Mr. Van- derpoel? A. I did. Q. And you were acquainted from the matters brought out by the Armstrong Committee with the actual condition of things in the Mutual Life and the actual state of its book- keeping? A. As developed later. Q. Now, after that did you regard Mr. Vanderpoel as a fit man to have charge of the examination of life insurance com- panies? A. Well, I asked him about that report and his state- ment of the reasons for its being in that form was that there was a strong contest between our State companies and outside companies, and it was regarded as a proper thing to give them a complimentary allusion as to the details of their business. A great deal of this Q. (Interrupting.) Did your regard that as an important reason? A. Well, not entirely, and yet ' Q. (Interrupting.) Well, did you in part? A. No, but I could see how it influenced him. He said something to me in the same relation only a little more so than Mr. Hunter as to the work; and his having had thirty years' experience with the Department in the examinations that were pending, and until we could have a new examiner that was a little familiar with the business and to take care of it. Q. Did it occur to you that the greater experience he had had the more dangerous he might be? A. Well, I felt that it Appendix- 333 was incumbent upon me to use much more care, but I didn't feel that I ought to dismiss a man who knew how to do the work and take the chance of a new man that would have to' be broken in to some extent. Q. You knew that thousands of vouchers have to be exam- ined in the course of an examination? A. Yes. Q. You knew that it was absolutely impossible for you, as Superintendent, to check that work? A. I couldn't do that; that is true. Q. You knew that it was impossible for a competent and straightforward examiner to make a report of the sort that Mr. Vanderpoel made if he had made a thorough examina- tion of the books of the Mutual Life, didn't you ? A. I think it was lax, yes. Q. Is that the strongest expression that you care to make of it, that it was lax? A. I don't think that I should be called upon to denounce it, Governor; it stands there and everybody • can appreciate what it is and how it may be lax. Q. One of the things I want to get at from you, Mr. Super- intendent, is whether you in fact, appreciated just what the situation was ? A. I think I did, but 1 felt with him as I said I felt with Mr. Hunter, with the investigations going on we were getting behind in the office and that until I could make different arrangements I was safe to proceed with him. Q. Apart from the matter of convenience, do I understand that with these facts before you regarding his examination, you thought you could rely upon his reports ? A. I felt that for the time he was continuing I could rely upon his reports. Q. Now, his position was ,in the competitive class, was it not? A. Yes. Q. Did you ask the Civil Service Commission whether they had an eligible list? A. I did. Q. When ? A. Well, I have had talks with the Civil Service Commission, with Mr. Birdseye, I think a couple of times, with the Board, along in the summer and fall, and I don't know but what it might have been early in November, the last time. 334 Public Papers of Governor Hughes Q. Did you request them to hold an examination to provide an eligible list ? A. I told them that we should want to have, yes. Q. When did you do that? A. Well, it didn't finally get into shape until within a few weeks, about the time Mr. Van- derpoel quit. Q. Why didn't it get into shape earlier than that? A. I don't know that I know of any reason beyond what I have stated, the pressure of work and the feeling that I was pro- ceeding on safe lines until such time as I should have more time to get to it. Q. Did you understand that Mr. Vanderpoel had not made any allusion to the exorbitant payment made to Raymond & Company and to Mr. McCurdy's son-in-law and son? A. I understood that from the reports, yes. Q. Did you have brought to your attention the condition of the vouchers in the Department under the charge of Mr. Fields ? A. I don't think I did any more than as I read it there in the report. Q. Well, it was pretty fully stated there. A. I thought you meant outside of that, in the Department. Q. You knew that so far as the examination of the Mutual was concerned for the purpose stated by Mr. Vanderpoel in his report, to wit, to show that the welfare of the policy-holders had been conserved by the character of its management, the examination was a farce, didn't you ? A. Well, I don't know whether I should call it a farce because I didn't know the op- portunity he had. He, with his friends, have claimed that at that time the statutes were not in shape, or that the accounts were consolidated through so many books or something of. that sort so that he wasn't responsible for quite the extreme criti- cism that he received. Q. Did you look into the matter to see whether that was justified? A. No, I did not. Q. Didn't you think it important that you should know whether that was justified? A. I assumed that report was correct so far as my relations with him were concerned. Appendix 335 Q. Then you assumed that that justification didn't exist? A. Yes, that is that it wasn't controlling. Q. In other words, that Mr. Vanderpoel A. (Inter- rupting.) I didn't doubt his sincerity and feeling that he had done the best he could; I didn't really Q. (Interrupting.) You didn't doubt his sincerity? A. So far as his talking with me. Q. What did he say to you? A. That he had not inten- tionally violated the law. Q. Without reference to violating the law — I don't know exactly what may be considered to be involved in that — but with reference to the discharge of his duty as an examiner, and with reference to this report that he made to the Depart- ment, did you have any question about the fact? A. No, I didn't doubt that, Governor. Q. You had no question but that he had made a report which purported to show that the company was managed conserva- tively and in the interest of the policy-holders, whereas any proper examination would have shown the contrary ? A. Well, your examination did show it. Q. And I didn't have, or the committee didn't have, near the opportunities that he had. A. I think he protested that he didn't have, but I don't base anything on that. Q. You know it continued for several months, his examina- tion? A. His examination of what? Q. Of the Mutual. A. Oh, yes. Q. Yes, from I think early in the year. A. In all those big companies it takes six or eight months to go throttgh them. Q. You were advised of the fact, were you not, that very large amounts of money had been disposed of of that com- pany, without any other voucher than the stamp of the com- mittee on expenditures, without showing the purpose for which it was used? A. I had read the report, yes. Q. And that Mr. Vanderpoel, although professing in his report to pass upon the efficiency and conservatism of the management, didn't attempt to ascertain for what purpose the moneys were used; you understood that? A. Yes. 336 Public Papers of Governor Hughes Q. You understood also in the New York Life he made an examination, or had it under his charge as chief examiner in 1904? A. Yes. Q. Now, on August 2, 1904, he reported to Superintendent Hendricks that " The officers and representatives of the com- pany gave your examiners full and free access to all its records and aided them in every way in their endeavor to accomplish the work thoroughly and expeditiously." You understood that he stated that. in his report? A. That was what he said ; I understood it just as he printed it. Q. And that the fact was that the manner in which secreted assets had been held and that the manner in which the funds had been kept and large sums of money disbursed on the Ex- ecutive Committee's orders without proper vouchers was not in any way referred to, or in any way reported to the Depart- ment ? A. Yes ; he was either deceived or inefficient. Q. And if he was deceived, you would think he was ineffi- cient? A. Yes, if it was something he should have had; I don't know just what items there were, but I know in some respects he claimed that the items were not there, and it was by somebody " squealing," as he called it — I think the items that were on the books would have afforded no trace what- ever of it, that they were on other books of other companies, trust companies or something of that sort; so that was very plain in the report but it was absolutely impossible to reach them from the company's books. Q. Did he report to you that that was the case in regard to the payments to Andrew Hamilton? A. I couldn't say as to any particular ones; it was only a self-justification, that he thought if he could have had his side presented better that your committee wouldn't have been so severe against him; something of that kind. Q. Did you investigate that to see whether that was a reason- able attitude for him to take ? A. No, I never had the time ; I assumed the report was substantially correct. Q. What has been Mr. Vanderpoel's work since you became Superintendent ? A. He has been the chief examiner there. Appendix 337 Q. What has he been doing as chief examiner ? A. In charge of the force of examiners. Q. Has he been examining anything? A. Yes, they have been examining various companies. Q. Various companies? A. Well, one anyway; the Metro- politan ; they had got started on that before I came in or about that time, and it has just been completed. Q. And reports have been made from time to time which you have accepted? A. I think the reason was it has been running through the whole summer and is just about com- pleted now. Q. Has he been left with the same authority as to exam- inations that he had prior to your incumbency? A. Prac- tically. Q. There has been no change in that regard? A. Well, no • more than what you might say was a little closer supervision in Albany. Q. Didn't you feel when you became Superintendent and became advised of Jhese facts that it was your duty to dismiss Mr. Vanderpoel? A. I thought that I should when the time came, as I said when I got familiar with the work and we got rid of the load of extra work and I had somebody to take his place. Q. Did you think that you could rely upon him at all in examinations after the report of the Committee and the evi- dence stated as the basis for it? A. Oh, I think I could, Gov- ernor, from the later situation that I spoke of in regard to the other matter. Q. Then your thought that he should be dismissed was not because you thought you could not sufficiently rely upon him? A. No. Q. Any other reason ? A. No, not quite that. I should have made a change at once if the Department had been in a normal condition and I could have picked up a man that could fill his place and take charge of it. Q. How could you pick up a man without asking the Civil 338 Public Papers of Governor Hughes Service Commission to provide you with an eligible list? A. I couldn't see he would have to be there at all. Q. Then why didn't you at once ask the Civil Service to hold an examination and provide you with an eligible list? A. I felt under the circumstances it was not quite the time to do it. Q. Why did you think that ? A. I couldn't tell you why. I thought so from the surroundings. Q. What were they? A. Well, simply his availability and familiarity with the business and readiness ; and I wanted and did use him in some of the fire insurance difficulties where his acquaintance with the men and his knowledge of Organizing different companies, how they were interrelated, was very useful to me in the investigations with the reports that we were exacting from them. Q. But you could not tell how useful or the reverse any such information would be unless you could absolutely depend upon your informant? A. That would be true. Q. And that continuance pending the time when you could arrange for a successor would of course .be no reason why you could not at once make that arrangement? A. Perhaps not, from that point of view. Q. And you did not make any request to the Civil Service Commission to hold an examination for an eligible list until last month, did you ? A. Well, we talked it over, I don't know whether last month — last month I think was the first time. Q. That was the first time you made a request? A. I told him our talk similar to what I stated to you, about the reorgan- ization of the Department, that I thought the chief examiner and assistant possibly ought to be in the exempt list. Q. There was nothing to prevent your asking them to hold an examination when you came into office, was there ? A. Oh, no. Q.,,D.id. you ask them to allow you, pending such an examina- tion,,^ supply or to fill that position temporarily? A. I think not. Q. What steps did you take to secure a man to fill that position? A. Of chief examiner? Appendix 339 Q. Yes. A. It is simply in progress now through the Civil Service Commission. Q. You mean those are steps taken in the last few weeks? A. Yes. Q. What steps did you take after you assumed office? A. I took none except in casual conversations until this final re- quest on which they are now preparing. Q. That is, within the last couple of weeks? A. I should think it was more than two weeks. Q. Well, since the first of January, 1907? A. Yes. Q. Nineteen hundred and seven? A. Yes. Q. The casual conversations that you refer to were with 1 epresentatives or members of the Civil Service Commission? A. I think it was Mr. Birdseye; I remember talking to Mr. Brown once down to the hotel and I think Mr. Milliken. Q. Outside of those didn't you make efforts to get another man to take that place ? A. Well, outside of that it was purely 'personal inquiry. Q. Did you make such personal inquiry? A. I did. Q. Where? A. Well, it was in relation to a man in Massa- chusetts, another in I think Illinois; there had been sugges- tions whom we could get, the difficulty of picking a man that was qualified, that had actual experience in the work and get- ting him away from the big life insurance companies without any affiliation; I found it a difficult thing to do. Q. When you became Superintendent in May did you take up at once the question of getting a man for the Department? A. No, I did not. Q. How soon after did you take it up? A. Well, I couldn't give you the date, it was simply on my mind from time to time. We have, as I think I have told you, Governor, been pretty seriously rushed all the summer, so that time was pretty well taken up outside of that and I probably didn't get at it as soon as I would otherwise. Q. Do you remember a conversation that you had with Senator Armstrong and myself at the Bar Association? A. I remember being there, Governor. 34° Public Papers of Governor Hughes Q. When was that ? A. I don't recall that date. Q. Wasn't it last summer ? A. It was in the summer, yes. Q. Was it in June or the early part of July? A. I couldn't fix the date without reference; I may have some reference. Q. I sailed in July, I think it was before that? A. It was prior to that, I think. Q. Do you remember what that conversation was about? A. Well, we were there I think from about eight o'clock, Governor, until towards midnight. Q. Yes. A. And I had memoranda as to a great many inquiries made in relation to the new section. We discussed those general different views that the Committee may have had in formulating it in connection with the inquiries I had been receiving. Q. Was anything said in regard to a change in the personnel of your Department? A. Well, I don't recollect that distinctly, Governor. I might if you would give me the conversation. Q. Do you recall Senator Armstrong saying anything to' you about the advisability of making changes in the Depart- ment? A. I remember Senator Armstrong doing it, but I had forgotten it was at that meeting. Q. Do you recall any other time when it was done? A. I can only remember on one occasion having Senator Armstrong tell me in relation to those two men. Q. When was that? A. I wouldn't know, I have seen him so many times during the summer and fall and it may have been, I wouldn't say it wasn't, there because I don't, Governor, recollect distinctly. Q. What was it that was said to you ? A. He said he thought that Mr. Hunter and Mr. Vanderpoel had deceived the old man, I think he called him, Senator Hendricks, and that a great deal of trouble had resulted to the Department, so that if he were in my position he should be dispensing with their services just as soon as he could, something to that effect any- way. Q. Didn't he tell you that there should be a change in respect to those men in the Department in his judgment at the time Appendix 341 of the conversation when I was present at the Bar Association last summer? A. Well, I don't recall if he did ; I wouldn't say he didn't ; in fact, your recollection is undoubtedly true. Q. Do you remember I expressed an opinion* at that time to you? A. No, I don't, Governor. Q. You do not? A. No, and yet you may have done so, my mind was more on my recollection. Q. Don't you remember I supported very emphatically what Senator Armstrong said? A. I don't doubt that you would, but I don't recall that you actually did. Q. You had no doubt, did you, at that time, that there was good reason for dispensing with their services? A. I thought there was sufficient, yes. Q. But you thought you could safely retain them? A. Well, I thought until I could do better Q. (Interrupting.) And you made no effort to get an eligible list until this last month ? A. Well, I don't quite look at it in that way. The result of getting actually to the selection of a candidate, of getting the questions printed, has developed in the last few weeks, but there has been no shifting of opinion about it for two or three months. Q. Did Mr. Vanderpoel resign recently? A. I think about the 1st of January. Q. To take effect at what time? A. I wouldn't recall that, I know that he has gone. Q. Was it to take effect the 1st of February? A. It seems to me it was, I wouldn't be sure, but it is equivalent to that. Q. Do you remember of seeing in the report of the Arm- strong Committee a statement to this effect : "A former clerk of Fields, on his recommendation and that of Mr. McClelland, was appointed in 1896 an examiner in the State Insurance Department and still continues in such service " ? A. I don't remember that. Q. When you read the report of the Committee didn't you have it brought to your attention that there was an examiner in the Department who had been appointed on the recom- 342 Public Papers of Governor Hughes mendation of Andrew C. Fields? A. No, sir, I don't know that. Q. Did you make any examination of the roster of em- ployees for the purpose of ascertaining who had influenced their appointments and what their relations were after you took office? A. I don't think I did, most of them are of a number of years' employment there. Q. Did you examine the index of the proceedings of the Armstrong Committee to see what persons in the Department had been examined as witnesses? A. I think I did there. Q. Did you find the testimony of Mr. Cunningham? A. No, that is, if I did, I don't recall now having read it. Q. You have an examiner in the Department by the name of J. J. Cunningham, haven't you? A. He is appointed an examiner, but he is the office clerk there at the Department. Q. At the office in New York ? A. At the office. Q. He is employed there? A. Yes, he doesn't do any ex- amining work, hasn't. Q. What work does he have ? A. The office there ; he is at the office and what little writing of letters and running of errands and taking care of the telephone and telling visitors and inquirers as to where men may be or what is going on; he is there at the office all the time in attendance. Q. I think I have asked you whether you read his testimony. A. I don't recall reading that,' Governor. Q. Have you made inquiries with regard to the different men in the Department? A. Why, more or less. Q. What relations they sustained? A. I don't know as to their relations, I say most of them are men of a great many years' service there and I have heard nothing to their dis- credit. Q. Didn't you think it was incumbent upon you, in view of the ineffectiveness of the Department, to find out who was responsible and what the relations and history of the different employees was? A. I don't think the subordinate employees had ever come into my mind that way, and certainly it wouldn't Appendix 343 Mr. Cunningham, who, so far as I knpw> was merely the office boy, the clerk in charge. Q. Does it surprise you to be told that one who had origi- nally been put into the Department on the recommendation of Andrew C. Fields and who during his continuance in the De- partment frequently visited the Supply Department qf the Mutual Life was still employed in the Insurance Department? A. Why, it probably wpuld if I had heard it in that shape; would depend a little on who it would he, of course. Q. Have you formed any judgment as to the work that Mr. Ahdrew C. Fields was engaged in ? A. Well, based on news- paper report and on the report of the Committee, I should have, that is the legislative you mean? Q. You would consider it of considerable importance that there should be no avenue of communication hetween the De- partment and Mr. Fields, should you not? A. Yes. There never has been that I know of. Q. Did you never take up the proceedings of the Armstrong Committee to ascertain just what there was in them that bore on the Department and the responsibiltiy of the men connected with it ? A. I don't think I did further than we have been dis- cussing, so far as Mr. Hunter and Mr. Vanderpoel are con- cerned ; they were the men in charge, the others were clerks. Q. It appeared in the course of the examination before the Armstrong Committee that in the case of the Equitable Life Assurance Society what were called " end of the year loans " had been made, sometimes in the names of clerks for the pur- pose of increasing the collateral loans reported to the Depart- ment at the end of the year and of decreasing the amount of cash on hand as reported? A. Yes. Q. You were aware that that had been so ? A.I have read that and so understand it. Q. You were aware that it appeared that that matter had never been brought out in any examination of the Equitable? A. I couldn't say that, I remember the significance of that fact without making — Q. (Interrupting.) You don't remember? A. As to its be- ing brought out. 344 Public Papers of Governor Hughes Q. You don't remember it in any examination of the De- partment, I mean examination conducted by the Insurance De- partment? A. No, I don't remember as to that. Q. Did you endeavor to ascertain who was responsible in the Department for that failure? A. No, I did not beyond the assumption that the chief examiner would be the man probably. Q. Did you examine to ascertain who in the Department re- ceived these reports from the companies and was responsible for looking over them and checking significant items that should be examined? A. Well, I knew the course is through our statistician, Mr. Crippen. Q. Or make an examination to ascertain who was respon- sible for the neglect in regard to it? A. I don't think I did; if the matter had occurred under the former administration, I don't think I have. Q. For example, when it appeared that several millions of dollars had been borrowed towards the end of the year by men whose names were not known as ordinarily borrowers to such an extent? A. Capitalists. Q. Capitalists, so called; did you seek to ascertain why that was not made the subject of inquiry and who in the Depart- ment was responsible ? A. I don't think I have as yet, Gover- nor. Q. When, for example, the Mutual Life's report for 1904 showed there were no gains or losses from securities, as was brought out in the course of the insurance investigation and commented upon in the report of the Committee, although in fact there had been large gains which were applied to the pur- pose of -reducing the book values of real estate, did you make any inquiry to find out how such a matter escaped attention? A. I have not, I am frank to say, Governor, I haven't gone back in any of the former administrations; the new statutes have put it on a new basis and as yet I haven't had time. Q. The new statutes increase the number of details? A. That they are required to report. Q. The object of my inquiry was to ascertain the efforts that you had made to localize responsibility for past neglect so Appendix 345 that you could see whom you could trust and who was deficient and derelict in the Department? A. That has not been done, Governor, as yet. Q. For example, in connection with the Washington Life an examination it appeared was ordered after some attention had been given the matter of their reported lapses in some weekly insurance paper and it became a matter of inquiry in the course of the investigation as to how matters of that description could have escaped the attention of the Depart- ment when the material was all at hand in the reports that were submitted to the Department. That also was com- mented on by the Armstrong Committee. Now, did you make an examination to see who was responsible for that? A. No, there has been talk once or twice, I recall, in regard to the Washington Life with assistants in the Department, but not with the idea of punishing anybody. Q. Well, whether punishment would follow would depend on the nature of the information elicited? A. Yes. Q. I am speaking now of the efforts that you have made to ascertain who in the Department was responsible for what it appeared the Department had failed to do; have you made such efforts? A. I haven't made any special study on that line, no. Q. Well, how could you ascertain whether your Department is brought up to the proper grade of efficiency if you make no effort to localize responsibilities for past misconduct or neglect? A. Well, I have the daily experience of the busi- ness that we are transacting and if I come upon information that looks like dereliction in the past I should expect to follow it up and show. Q. You were aware that was precisely the attitude of the former superintendent who hadn't the advantage of a legisla- tive investigation to show them the chance of their mistake? A. I don't expect to have any man that is inefficient or un- trustworthy, but I haven't had the time, Governor, to go back and look into all the details that were brought out on this in- vestigation. 346 Public Papers of Governor Hughes Q. Have you conducted any investigation in the Depart- ment for the purpose of ascertaining just what each man has done in the past and who has been neglectful and who has been industrious and faithful? A. Not as to who has been neglectful particularly, I have had the usual inquiries as to the different rooms, the different bureaus, the men who are employed, the work they were doing in systematizing and im- proving it. Q. Didn't you realize when you took office that the failure of the Insurance Department by proper publicity to prevent or to expose the conditions that were shown to exist had amounted to a public scandal? A. Yes, sir. Q. Didn't you realize that it was one of your first duties to put that Department upon a proper basis of efficiency to prevent any recurrence of that ? A. I believe it is and to give full publicity to all that the statute requires. Q. You understood that it was essential that you should as they say " Clean house " in the Department ? A. Well, not in the sense of dismissing the men that were necessary for the conduct of the daily business in a bunch, or anything of that kind. If I found men inefficient or untrustworthy I should expect to dispense with them. Q. How could you expect in your position necessarily de- pendent upon the information given you by your subordinates to find out who could not be trusted if you did not avail yourself of proved cases of neglect and endeavor to fix the responsibility for that? A. That would be material as one source Of information; I should judge my own experience worth something. Q. Yes, but you did not take up the other line? A. I did not take up the report as a guide arid make a special investiga- tion under the provisions of that. Q. In looking at the roster of your employees the first change that I find, apart from promotions or change in desig- nation, the first withdrawal from the Department I find was the resignation October 15, 1906, am I right in that? A. I don't know who was the officer. Appendix 347 Q. That apparently was only a clerk who resigned? A. Oh, he was the entry clerk ; something like that. Q. Then there was a stenographer who resigned about October 15; Mr. Parker resigned on December 31? A. In New York. Q. With those exceptions, the persons who were in the De- partment when you took office remained in the Department until the end of last year, 1906? A. I think practically all; they are all civil service. Q. Are any of them veterans? A. Yes, I think there are one or two. Q. Who are they ? A. I think Mr. Whitbeck is a veteran in the actuary department and possibly another One or so, but that is the only one I know. Q. That doesn't really cut any figure in the matter, does it ? A. No. Q. That is to say — A. (Interrupting.) Oh, no, they were all there, Governor, and I believed they were doing their work and I kept them on. Q. You retained them? A. Yes. Q. You haven't made up to date any changes for cause, any dismissal for cause in the Department? A. In connection with the report? Q. You can answer my question broadly. A. No, I have not in relation to the investigation. Q. For any reason ? You did suspend a man the other day, I understand, and reinstated him? A. Yes. Q. Apart from that there has been no suspension of dis- missal for cause in your Department? A. Well, I don't re- call now, I don't recall any. Q. You have made some additions to your staff, three examiners, am I right in saying that? A. I think more than that. Q. There have been some changes in designation, I believe, in titular designation? A. Some shifting around. There have been new examiners, then there have been promotions. There are, I think, seven or eight new examiners. 348 Public Papers of Governor Hughes Q. There have been promotions and some called confidential examiners are now called examiners? A. I made them all into one list. They were all doing the same kind of work and all under different designations, some competitive and some not. Q. I am talking of new men that you may have taken on; how many did you say? For example, Mr. Saxton was there before, was he not? A. They were actuarial clerks, and they had been promoted to examiners. Q. Mr. Diefendorf a promotion? A. Special examination. Q. Mr. Mitchell and Mr. Watkins and Mr. Talmage, those are new ones? A. Mr. Mitchell is not new. Q. Mr. Watkins and Mr.- Talmage ? A. There is another one there somewhere. Q. Mr. Stackman is a messenger? A. He is just a mes- senger boy. Q. Then there are some stenographers? A. I think there is another examiner ; oh, his name is — Q. (Interrupting.) Perhaps this list will refresh your memory (handing paper to the witness) ? A. Mr. Peck or something of that kind from the Banking Department is one of the new examiners. Beckwith, he is a recent one, went on the 13th of this month. Q. Mr. Watkins is H. A. Watkins, he was with you in the Comptroller's office, was he not? A. He isn't in my Depart- ment. Q. H. A. Watkins isn't? A. Well, he was taken from the Excise Department, I think he is from St. Lawrence county; he never was in the Comptroller's office. Q. George E. Talmage? A. He was from Schenectady. Mr. Watkins I think is from the Excise Department, Mr. Beckwith from the Banking Department and transferred and some other one. Q. You have spoken about the San Francisco earthquake in connection with your duties ; prior to your taking office a circular had been issued, had there not, by the Department calling upon the fire insurance companies of this State and of Appendix 349 other States and foreign countries authorized to transact busi- ness in this State for an estimated statement of their losses? A. There had. Q. In the conflagrations in San Francisco. And on May 12, 1906, the Department issued a statement showing the re- sults or a tabulation of the results shown by these answers? A. Yes. Q. That was before you took office? A. Why, the date was before, of course, the statement my recollection of it is was issued afterwards, but I am not sure. (The Governor hands circular to the witness.) Yes, I remember the circular. Q. That was, according to its date, issued before you took office, wasn't it? A. Yes. Q. Then on June 20 you issued a circular calling for a sworn statement as to the losses of fire insurance companies in California as of June 30th, calling for certain specified in- formation? A. Yes. Q. The results came in in July, I suppose, they were called for as of June 30 and I presume they should have come in in July? A. I presume so. Q. They were tabulated in this circular under the date of July 28 and that was sent out about that time? A. I presume so, yes. Q. What else did you do besides call for that information and have the results tabulated down to July 28 in connection with the San Francisco fire? A. Well, there was considerable to that, then the correspondence .that accompanied it. Q. That is what you referred to, didn't you, in your state- ment of what was required by the San Francisco earthquake? A. Yes, partly. Q. Later in the year in accordance with an understanding had at a conference of insurance commissioners, in. October, a statement as to the assets and liabilities of the companies and a summary of their losses as of October 31 ? A. Yes. Q. That was tabulated and sent out under date of December 7th last? A. Yes. Q. The correspondence in answer to those inquiries and the 350 Public Papers of Governor Hughes tabulation of these returns is what you referred to in your reference to the San Francisco earthquake? A. There was a great deal in addition to that, Governor. Q. What? A. The correspondence from policy-holders, companies and officers of the companies. Q. Making inquiries? A. Yes, as to the condition and situation and what was being done, and complaints and some fear of failure. Q. You informed these various correspondents that you had sent for this information, or if the correspondence came in after that circular was prepared you sent them a copy of that? A. Yes, frequently in relation to the companies, like the daily practice }n other matters, we write to the company, get a specific statement in regard to their inquiry and transmit that to them, and in this instance of California there, were various inquiries, for they were concerned or professed to be as to the stability of a large number of companies. That made some correspondence and anxiety in relation to that until they finally got the facts. Q. Now, have you any statement that you desire to make, Mr. Superintendent, in regard to the conduct of the Depart- ment and in regard to the matters that I have inquired into, anything else that you desire to say? A. I should like the privilege, Governor, if this has been put up as my complete record to furnish a verified statement from my point of view of the difficulties I have met, the obstacles and the rush of work from the time I took office. Q. I understand and don't desire to minimize the many questions of perplexing character that have come up in the course of your administration? A. As you may recall from our conversation in New York, it was a repetition of that nearly every day of my existence during the summer to the first, of January. Q. I can understand you had very many questions to con- sider, but I want to know if there is anything you desire brought out beyond what you have testified to regarding the reorganization of the Department, the securing of an efficient Appendix 351 Department that could be relied uppn to enforce the statutes, if so I should be glad to hear it. A. Well, I can hardly carry in mind the effect of the questions and answers or the details that I might or might not want to put in. I should like to have a copy of the minutes and then be permitted to furnish a verified statement, if you wish it, as to the reasons or the effect of the examination. Q. I want to give you every opportunity, Mr. Superintend- ent, but, of course, this matter has been under your advise- ment now for some little time, and you have been thinking about the course of administration ; and remember what I said to you when we had our interview, I want to know if you have anything now that occurs to you that ought to be said ? A. Well, I think, Governor, there is a great deal might be said that I am not prepared to sit here and state right off because I couldn't cover the points without going more in detail. Q. Is there anything to be said as to the reasons why you have retained the same persons who were in the Insurance De- partment prior to your taking office beyond what you have al- ready said ? A. Well, that I am unable to state here. Q.- Well, why? A. Because I don't carry in mind just what I have said. Q. You can repeat, if you choose. I want merely to be as- sured that everything which now occurs to you that ought to be said is said. A. Well, I don't know that I could do that, I should like to look the minutes over and then see if it should be supplemented, or if I have left out things I ought to have said. I can't recollect from your questions and my answers if I have covered the points as I would if we were talking just us two together. Q. You said in your letter to me that in several conferences advice had been sought and obtained from a prominent mem- ber of the former investigating committee. Did you mean with regard to the personnel of your staff? A. No. Q. Or the making of changes in the Department? A. No, it. was in relation to the questions incessantly coming up for 352 Public Papers of Governor Hughes decision- on this kind of policy forms and on the election pro- ceedings and matters of that kind. Q. Matters of law and construction? A. Yes. Q. And procedure of that sort? A. Yes. Q. These matters that I have called your attention to with reference to the reorganization of the Department were mat- ters exclusively within your control? A. Yes. Q. And as to which you took your own responsibility? A. Why, certainly I ought to. Q. You had a free hand? A. Well, I was hemmed in by the environment or circumstances. Q. What possible environment? A. Perhaps I have in- effectively stated. It seems to me I couldn't dispense with the trained men whom I could watch for the benefit of the service, as to attempt to put in new men with the responsibility and difficulties that I was meeting all the time. Q. Your idea of that is — — A. (Interrupting.) That I was working out of it in the most practical, safest, sanest way for a department to do and time enough to do and do its work. Q. Your idea is that trained men who profess to make in- vestigations, which had not been made and to make reports upon the proper management of companies which were not •justified by the examination had, could be depended upon? A. No, I don't say so. Q. That was your course? A. Hardly. Q. How would you modify that? A. That the men who were competent and cultivated and were reputable men in every day relations of business, that in the practice under former departments had been accustomed to do the business in a different way than I would permit to be done could get the essential facts and could report honestly to the Department what they found and that until such time as I was prepared to provide new men with some preparation for the work and responsibility it was better for me to work with those men who had been discredited by your report, perhaps, than it was Appendix 353 to trust the other way, realizing that it was a temporary -matter. Q. Is that the whole case? A. I don't know that I ha^ve the whole case there, Governor. I don't profess to be able to get right up and explain everything logically and consistently with no preparation at all. Q. Well, you can answer? A. A great many things oc- curred, and my going over the figures, there were different ■cases, reports that we had. I remember one case of an in- solvent company where Mr. Vanderpoel's knowledge of just what another company that had been reorganized afterwards ; the men that were connected with the insolvent company and the men that were interested in starting the new one gave us the most important information as to what course we should take toward a receivership. Q. That might occur now if he was still in your employ? A. A single incident. Q. A man of twenty odd years' experience in the Department •could furnish you information at any time in regard to some- thing which came under his observation? A. He certainly could, and with our complications that has been a very im- portant thing for me to know. Q. You are in no better position to-day than you were eight months ago in regard to that? A. I think I am, Governor. Q. In what way? A. The great rush of preparation for the 1st of January, all of our blanks and forms and interpreta- tions of law and statements and things of that kind, are cleaned up and out of the way practically. Q. But during the last few months when you were assumed to get the Department on a proper basis, or were thinking about that, you realized it was of the greatest importance that you should get your information from trustworthy sources, didn't you? A. I should say so. Q. Of the greatest importance that in making any exam- ination or inquiry you should not get any prejudiced com- munication? A. Certainly. 12 354 Public Papers of Governor Hughes Q. That you should have those in the Department who were sympathetic with the reforms that were sought to be insti- tuted ? A. Preferably so. Q. And that you should endeavor so far as possible to make an effort to put the Department on a proper basis to protect the policy-holders by reason of having men who were not dis- credited, but who were enthusiastic in carrying out those measures? A. I should say that was the course that should be taken. Q. D*o you recall it appearing that some one who was in the Department as an assistant actuary, I believe, had at one time been retained by an insurance company and paid a certain sum of money for services rendered to that company? A. Yes. Q. Did you examine into that? A. I did to some extent, yes. Q. When did you do that? A. Oh, it was several months ago, I wouldn't know. Q. Is that person still retained by the Department ? A. He is. Q. For what reason? A. He is a very capable man. He is in a subordinate capacity under the chief actuary and is a man of I don't know how many years, good many years, ex- perience, and I have no reason to distrust any work that he does. Q. Did you take up with him the question of this employ- ment to which I have referred? A. Yes. Q. What did he say? A. I have in my office a typewritten statement that he gave me -of the details. Q. In regard to the examination of the various reports that were submitted to the Department for the purpose of ascer- taining whether or not they contained suspicious items, -items demanding inquiry, did you find out what the practice had been regarding that? A. I don't believe I get your idea. ■ Q. Well,. there were reports sent in from time to time from various companies which contained items -which would suggest inquiries to any one anxious to know how the management of the companies was conducted; several of those cases were Appendix 355 brought out in the course of the Legislative Committee's ex- amination. Did they lead you to make any examination in the Department and ascertain what the practice had been re- garding them ? A. Prior to my coming in ? Q. Yes. A. I don't know there did; the directions were stringent since as to following up everything of that character and we have done so. Q. You still maintain a New York office? A. Yes. Q. Is there any one temporarily in Mr. Vanderpoel's place? A. Well, no, we are waiting for the chief examiner; Mr. Keefer, of whom we just spoke, is temporarily in charge of the examiners, part of them. Q. Temporarily where? A. In New York; there was no other man in the Department who could do the work and he was sent down. Q. Did you, in anticipation of the last election, make any plan for a canvass of the votes? A. Yes. Q. When did you make the plan? A. Why, they were worked out from time to time during the fall and then when they came together that election day, prior to that a little. Q. Did you have a matured plan for the canvass of the votes prior to election day? A. Oh, no; not for the details of it. I had arranged for the appointment of inspectors and the authority they would have. Q. How many inspectors did you appoint? A. Five. Q. In each company? A. In each company. Q. What led you to limit the number to five ? A. I thought that was the best membership for efficient executive action for a determination. They have to act of course judicially to some extent, I think, in the determination of questions, and also to insure the attendance of a majority. Q. Now, in anticipation of the election, did you give your attention to the formulation of any plan by which the votes could be counted ? A. No, that occurred at or about the time and since. I was going to say at the time we went down prior to the election I had the counsel and the various repre- sentative men of each of the fusion tickets, the separate ad- 356 Public Papers of Governor Hughes ministration and opposition tickets meet at my Department and the matter was talked over quite fully. There were various conflicting notions, whether there ought to be forty or fifty, which seemed to the majority an impossible number to get any efficient action from, and it was finally provided and assented to that the five, with the authority to employ assistants, would be sufficient. Then as it came to the plan, it was, I don't know just how it came out, but it was eventu- ally suggested that two of the best known of the houses of accountants be asked to consult and advise with the inspectors who should be appointed and be employed by them to perfect a scheme that would be efficient, and that course was followed. I haven't the names of the houses, and this same representative of each one of the houses is in charge for each company. Q. When did you have this meeting? A. It was a day or two before the election or else the day before, I am not sure — no, I think it was on Friday or Saturday preceding. Q. What day was the election? A. The election was Tues- day, I think. Q. That was the 18th of December? A. Yes. Q. Prior to the 15th of December did you have any meeting for the formulation of a plan? A. You mean of the in- spectors ? Q. A canvass of the votes? A. The inspectors were not appointed until that time. Q. When did you appoint the inspectors? A. I think it was the Friday preceding the election. Q. Didn't you think it a matter of a good deal of import- ance in view of the possibility of a very large vote being cast that some plan should be matured of taking care of it in advance? A. I did. Q. Why didn't you appoint your inspectors earlier? A. Well, I haven't any reason beyond that seemed to me the ap- propriate time. Q. You didn't up to that time make any plan yourself which could be submitted for their guidance? A. Oh, no. Appendix 357 Q. That is prior to the Saturday before the election? A. You mean that the accountants finally developed? Q. No, you didn't formulate or prepare any plan for the counting of the votes? A. I did not attempt to myself, no. Q. At any time ? A. No. Q. I mean for the purpose of facilitating it and arranging for some practicable methods? A. I arranged to have the inspectors of election take entire charge of that. Any appeals would lie from them directly to the court. Q. Didn't, you think it important they should have this mat- ter the subject of study in advance? A. I don't think it was; I think they have successful plans that are working out as it was expected they ought to. Gov. Hughes. — Now, Mr. Superintendent, I desire that you shall have the fullest opportunity to say anything in regard to this matter which you care to say, provided there is no delay, and I shall be glad to have you submit to me to-morrow morning any statement that you care to make and appear for any examination I may care to make upon it. Mr. Kelsey. — I should think the scope of the examination is such that it would fairly entitle me to consult counsel a little. Gov. Hughes. — Certainly ; I don't want to foreclose you. Mr. Kelsey. — My counsel, the person I was expecting to have as counsel, is not in the city. Gov. Hughes. — Well, of course, I don't want to Mr. Kelsey. — (Interrupting.) — I simply wanted to have it carefully looked over and presented as it seems to me it reasonably ought to be. Gov. Hughes. — What I am desirous of, Mr. Superintendent, is to get a statement — not of course a studied argumentative statement. Mr. Kelsey. — I don't ask for that. Gov. Hughes. — I want the fact, I want to know what you thought, what you did and why you did it, fully and frankly. Mr. Kelsey. — Yes, that is what I concisely would like to have stated. 358 Public Papers of Governor Hughes Gov. Hughes. — I have no objection to your supplementing what you have said by any statement which is necessary to make this complete. Mr. Kelsey. — Possibly it is all there, Governor, but I should care to look it over. Gov. Hughes. — If you want to submit anything to me in the morning I should be glad to see it. Mr. Kelsey. — I should think it would be only reasonable I should have a copy of the minutes, to go over and see what I have stated. I never knew a man could go on and state his position in response to questions where nobody sits by to sug- gest or see where he makes omissions. Gov. Hughes. — Of course you are aware it would be very improper for anybody to sit by you to make suggestions. Mr. Kelsey. — I haven't asked for it, but in looking over the situation, especially where it is to some extent an indict- ment you are preparing against me Gov. Hughes. — (Interrupting.) — Now, Mr. Superintendent, there is no indictment against you and there can be none except as the facts may warrant, and the sole object is to get out the facts and not have the facts concealed under any gen- eral and plausible statement, but to get, through a proper analysis, the actual state of the case. That is the sole object. Mr. Kelsey. — That is precisely what I want. Gov. Hughes. — I want you to supplement it and do any- thing that ought to be done to make it complete, but I want it a statement of the actual situation. Mr. Kelsey. — That is all I should care to give. I don't consider arguments worth very much. Gov. Hughes. — I am informed this will be furnished in a couple of hours, and I shall have a copy sent to you at once and anything you desire to submit I shall be glad to have. Mr. Kelsey. — I can communicate with you if there is any- thing I ought to say and I can say in the time, and I should be pleased to do it. If I think there is something I ought to submit to counsel I ask your favor to have time enough to do it. Appendix 359 Gov. Hughes. — That is a matter not within my province. What I want to know is whether there is any matter of fact that ought to be taken account of that has not been stated. Mr. Kelsey. — I am unable to say. » Gov. Hughes. — That you will be able to do after you have secured the minutes. Mr. Kelsey. — Perhaps I could. The hearing then adjourned. Mr. Kelsey, on February 19, 1907, submitted the following additional statement: State of New York, Insurance Department, Albany, February 18, 1907. Hon. Charles E. Hughes, Governor, Executive Chamber, Albany, N. Y.: Sir. — I received a copy of the stenographer's minutes of to- day's hearing at 8.35 this evening, and in response to your direction that there should be no delay, I have proceeded at once to submit the following memoranda in regard to the subjects concerning which you interrogated me. In the limited time permitted, it may not be possible for me to cover the scope of the inquiry as fully as I desire. Just prior to my assuming office the San Francisco con- flagration occurred. I soon found the necessity of having in the examining force men familiar with the affairs and methods of examinations of the fire insurance companies. It seemed to me tEat Mr. Vanderpoel, owing to his long experience, was equipped for this urgent work. I was and am of the opinion that it would have crippled the Department to spend time endeavoring to obtain some new chief examiner while the necessity of ascertaining fully the fire situation was so im- portant and imperative. I believed in this respect and with regard to all the affairs of the Department generally, that my 360 Public Papers of Governor Hughes first duty was to keep up the business of the Department and work out the mass of detail required under the new laws so that they might be fully and effectually enforced. In view of the requirements of the amended Insurance Law as to publicity and detailed exhibits first appearing in the annual statements for 1906, it was my judgment that the policy-holders in the life insurance companies would be pro- tected and the administration of the Department safe-guarded. It seemed to me that until the close of the year when the new laws would be in full force and effect in every particular, and until the enormous details necessary to get matters in shape for the beginning of the year were disposed of, that it would lead to confusion if changes were made, and it was always my intention after these problems of preparation were settled to reorganize the examining force of the Department. Referring to the brief inquiry at the close of the examina- tion as to the elections in domestic mutual life insurance com- panies, I think that the facts do not sufficiently appear in the stenographer's minutes. Selection of Inspectors. — The statute limits the appointment of inspectors to duly qualified policy-holders. Numerous ques- tions were presented in this connection among which were, the personnel, the number and the compensation- of inspectors. Conferences were had with counsel and representatives of the opposing parties to the election. Different views were expressed as to the number of inspectors and other details. I finally determined that it would be impracticable to appoint a large number of inspectors, which course would have in- evitably led to disputes and delays and would have involved the companies in undue expense. It was a most difficult task to obtain inspectors of appropriate character and qualifications to undertake this work at a reasonable compensation and I made the most careful inquiries as to the record and reputation of the persons whose names were proposed or considered. The final selection, therefore, while made and announced shortly before December 18th, was arrived at only after careful de- liberation. From my study of the statute and the official Appendix 361 advice received in regard thereto, I concluded that I had no authority to direct the inspectors as to any particular method of canvass and that as sworn officers it was their duty to properly canvass the vote, and also, that an appeal from their decision upon any point would be to the courts and not to the Department. As I understood it, the purpose of the statute was that the Superintendent should supervise, but not control or direct the result of the election. Plan of Canvass. — The duty of canvassing the vote and certifying the result devolving by law upon the inspectors, I deemed it desirable that every facility should be availed of to effectuate a speedy and correct canvass. With the approval of counsel and representatives of the contesting parties I au- thorized the employment by the inspectors of expert ac- countants of the highest repute; namely, Price, Waterhouse & Co., for the. Mutual Life Instirance Co., and Touche, Niven & Co., for the New York Life Insurance Co. A system was devised for each of the companies differing in some aspects but adapted in each case, in the judgment of the inspectors, to the particular features arising from the different methods in these companies. of keeping their books, records of policy- holders, etc. This work has been progressing steadily and successfully in view of the magnitude and importance of the task and of the necessity of accuracy and of preserving a proper record in the event of review by the courts. All of this would satisfactorily appear by a personal examination of the work in progress. Desirous of complying with your request as to a brief state- ment, I beg to conclude with the suggestion respectfully made, that a full comprehension of my administration of the Depart- ment can only be obtained by an examination of the mass of work done and results accomplished since my accession to office. Yours respectfully, (Signed) ' Otto Kelsey, Superintendent of Insurance. 362 Public Papers of Governor Hughes STATE OF NEW YORK, -| County of Albany, \-ss.: City of Albany. J Otto Kelsey, Superintendent of Insurance, being duly sworn, deposes and says that the communication hereto attached, made and executed by him is in all respects just and true to the best of his knowledge, information and belief. (Signed) Otto Kelsey. Sworn and subscribed to before me, this 19th day of February, 1907. Thomas F. Behan, (Seal) Notary Public, Albany County. Letter of Mayor McCIellan in Relation to the Removal of John F. Ahearn City of New York — Office of the Mayor December 23, 1907 To the Governor, Albany, N. Y. Sir. — I have the honor to transmit herewith, for your in- formation, a statement relative to the proceedings which have been taken by the municipal authorities in the matter in the removal of John F. Ahearn as president of the borough of Manhattan and the filling of the vacancy thereby created. On the 10th day of December, 1907, I duly received from you a notice of the removal of said John F. Ahearn from the office of president of the borough of Manhattan, together with a copy of your order in the premises. After a delay of six days, caused by the granting of a preliminary injunction, Appendix 363 I issued a call directed to the members of the board of alder- men representing the borough of Manhattan, pursuant to section 382 of the charter, directing them to meet on the 19th day of December, 1907, for the election of a president of the borough of Manhattan to fill the vacancy caused by the removal of said John F. Ahearn and for the unexpired term which will end December 31, 1909. In obedience to said call, the members of the board of al- dermen representing the borough of Manhattan met on the 19th day of December and upon first ballot cast a majority of their votes for John F. Ahearn for such office of presi- dent of the borough of Manhattan. When the name of John F. Ahearn was placed in nomination, I, as chairman of said meeting, pointed out that said John F. Ahearn was ineligible for said office, that his election would be illegal, and ruled that such nomination was out of order. An appeal from my ruling was taken and sustained, all of which fully appears in the minutes of said meeting, a true copy of which is hereto annexed and marked Exhibit A. I desire to call your atten- tion to the statement made by the chair in this connection, and also prior to administering the oath of office. On Friday, December 20th, the said John F. Ahearn pre- sented himself at a regular meeting of the board of estimate and apportionment and demanded recognition as a member of said board. In answer to said demand, I, as chairman, ruled that the election of said John F. Ahearn to fill the vacancy in the office of president of the borough of Man- hattan was contrary to the intent of the law, and that, there- fore, the vacancy still existed. I, therefore, directed the clerk of the board not to call the president of the borough of Man- hattan. The proceedings of the board relative to this matter appear in a copy of the minutes of the board which is hereto annexed and marked Exhibit B. I submit this matter to you for such action as you deem necessary. Respectfully GEORGE McCLELLAN (Inc.) Mayor 364 Public Papers of Governor Hughes EXHIBIT "A" No. 1 Session of the members of the board of aldermen repre- senting the borough of Manhattan. Thursday, December 19, 1907, 1 :30 o'clock p. m. The members of the board representing the borough of Manhattan met in the aldermanic chamber, City Hall. Hon. George B. McClellan, mayor, presiding. The chair requested the city clerk to read the call for the special meeting, which is as follows: Whereas, John F. Ahearn was, on or about the 9th day of December, 1907, removed from the office of president of the borough of Manhattan of the city of New York by Charles E. Hughes, Governor of the State of New York, as appears by his order or certificate filed in the office of the Secretary of State of the State of New York on the 10th day of December, 1907, whereby a vacancy exists in the said office of president of the borough of Manhattan; and Whereas, The following-named persons are all members of the board of aldermen then in office representing said borough : Andrew J. Doyle, Herman S. Fried, Thomas J. Moffit, George J. Schneider, John J. Callahan, Frank J. Dotzler, John J. Hahn, Charles Hahn, Max S. Grifenhagen, Joseph Krulish, Clarence R. Freeman, James Cowden Meyers, Michael Stapleton, George W. Olvany, Max S. Levine, Reginald S. Doull, John J. Haggerty, John J. Farrell, Patrick J. Hatton, Leonard L. Jacobson, John J. Cronin, B. W. B. Brown, Harry L. Leverett, Cornelius D. Noonan, Joseph M. Torpey, Patrick Higgins, Timothy P. Sullivan, Frank L. Dowling, James J. Smith, Frederick Richter, William R. Kenneally, Joseph Schloss, John R. Davies, Frank D. Sturges, John J. Reardon, Elias Goodman, Charles Ahner; Appendix 365 Now, therefore, I, George B. McClellan, mayor of the city of New York, pursuant to section 382 of the Greater New York Charter and the powers vested in me by law, do hereby call the said members of the board of aldermen in session on the 19th day of December, 1907, at 1 130 o'clock in the afternoon, in the chamber of the board of aldermen, in the City Hall of the city of New York, for an election of a presi- dent of the borough of Manhattan of the city of New York, to fill the vacancy caused by the removal of said John F. Ahearn and for the unexpired term, which will end December 31, 1909. In witness whereof, I have hereunto set my hand and affixed my seal of office at the City Hall in the [l. s.] city of New York on this sixteenth day of De- cember, one thousand nine hundred and seven. (Signed) GEORGE B. McCLELLAN Mayor No. 2 The chair requested the city clerk to call the roll, which roll call resulted as follows: Present — Charles Ahner, B. W. B. Brown, John J. Callahan, John J. Cronin, John R. Davies, Frank J. Dotzler, Reginald S. Doull, Frank L. Dowling, Andrew J. Doyle, John J. Farrell, Clarence R. Freeman, Herman S. Fried, Elias Goodman, Max S. Grifenhagen, John J. Haggerty, Charles Hahn, John J. Hahn, Patrick J. Hatton, Patrick Higgins, Leonard L. Jacobson, William R. Kenneally, Joseph Krulish, Harry L. Leverett, Max S. Levine, James Cowden Meyers, Thomas J. Moffit, Cornelius D. Noonan, George W. Olvany, John J. Reardon, Frederick Richter, Joseph Schloss, George J. Schneider, James J. Smith, Michael Stapletori, Frank D. Stufges, Timothy P. Sullivan, Joseph M. Tofpey. The chair announced that a quorum was present. Alderman Sullivan moved that City Clerk P. J. Scully be made the clerk for this session. The motion was agreed to. 366 Public Papers of Governor Hughes Alderman Sullivan moved that the board do now pro- ceed to nominate candidates for the office of president of the borough of Manhattan. The motion was agreed to. Alderman Sullivan then placed in nomination for such office John F. Ahearn. The chair made the following statement: "Aldermen of Manhattan — The nomination of John F. Ahearn for the office made vacant by his removal raises a question so serious that the chair feels he would be derelict in his duty did he not rule upon it now before further pro- ceedings have taken place. " John F. Ahearn was elected on the 7th day of Novem- ber, 1905, president of the borough of Manhattan of the city of New Ydrk, for a term of four years beginning Janu- ary 1, 1906, on which last mentioned date he entered upon the duties of said office. In July, 1907, charges were pre- sented against him to the Governor of the State of New York. After affording the accused officer an opportunity to be heard in his own defense, Governor Hughes, by an order given under his hand and the seal of the State of New York on December 9, 1907, found said John F. Ahearn guilty of the charges made against him, and ordered that the public interests required that said John F. Ahearn be removed from office. " Of these facts the chair must take cognizance. The re- moval proceedings and the order made by Governor Hughes were not merely for the purpose of temporarily ousting John F. Ahearn from office, but include separation from the office in question for the remainder of the term for which he was elected. They were not brought and neither was the order made by the Governor to remove John F. Ahearn for a day or a week or a month of his term, but to separate him from the remainder of his term. Noth- ing less is involved in the removal proceedings, and they cannot be nullified or reversed by his immediate election thereafter by this body. Whether the voters at the polls would condone the offense by which John F. Ahearn for- Appendix 367 feited his office it is not necessary for us to decide. The chair, however, does rule that John F. Ahearn is ineligible for election by this body to the office of president of. the borough of Manhattan for the balance of the 'unexpired term for which he was elected ifl November, 1905, and from which term he was separated by the order of the Chief Executive of the State. " In view of the great importance of the question in- volved, in view of its seriousness, the chair is ready to en- tertain an appeal from his decision should any gentleman disagree with his ruling." Alderman Sullivan appealed from the decision of the chair. The, chair then put the question: "Shall the decision of the chajr stand as the decision of the aldermen from the borough of Manhattan?" The yea^s and nays were ordered. The question was taken, and the yeas were 13 and the nays 21, as follows: Yeas — Aldermen Brown, Davies, Dotzler, Farrell, Free- man, Goodman, Grifenhagen, J. J. Hahn, Krulish, Meyers, Schloss, Schneider, Sturges — 13. Nays — Aldermen Ahner, Callahan, Cronin, Dowling, Doyle, Fried, Haggerty, C. Hahn, Higgins, Kenneally, Leverett, Levine, Moffitt, Noonan, Olvany, Reardon, Richter, Smith, Stapleton, Sullivan, Torpey — 21. Present and not voting, three, as follows: Aldermen Doull, Hatton and Jacobson. So the aldermen of Manhattan overruled the decision of the chair. Alderman Meyers then placed in nomination for such office Max S. Grifenhagen. Alderman Brown then moved the nominations be closed. The motion was agreed to. The chair then directed the clerk to call the roll, and directed that each alderman as his name was called should 368 Public Papers of Governor Hughes announce his choice for the office of president of the borough of Manhattan. The roll was called, and there were for John F. Ahearn 24, and for Max S. Grifenhagen 12, as follows : For John F. Ahearn — Aldermen Ahner, Callahan, Cronin, Doull, Dowling, Doyle,. Fried, Haggerty, C. Hahn, Hatton, Higgins, Jacobson, Kenneally, Leverett, Levine, Moffitt, Nopnan; Olvany, Reardon, Richter, Smith, Staple- ton, Sullivan and Torpey — 24. For Max S. Grifenhagen — Aldermen Brown, Davies, Dotzler, Farrell, Freeman, Goodman, J. J. Hahn, Krulish, Meyers, Schloss, Schneider and Sturges — 12. Present, and not voting, one : Alderman Grifenhagen. The chair then announced that " John F. Ahearn, having received a majority of the votes of all the aldermen repre- senting the borough of Manhattan, the chair declares him elected president of the borough for the remainder of the term ending Decembr 31, 1909." Alderman Sullivan moved that a committee of one be appointed by the chair to bring before the board Mr. John F. Ahearn, in order that the oath of office might be admin- istered to him. The motion was agreed to. So the chair appointed as such committee Alderman Sullivan. The chair announced that he had executed the certificate of election of John F. Ahearn for the office of borough president for the borough of Manhattan for the remainder of the unexpired term ending December 31, 1909. Alderman Sullivan then presented Mr. John F. Ahearn to the board, and the chair said: "John F. Ahearn, you have been elected to the office of president of the borough of Manhattan, in compliance with the forms of law. In administering the oath of office the chair does so without passing upon your eligibility either as chairman of this meeting, as mayor, or as a citizen. Raise your right hand. Appendix 369 The mayor then administered the oath of office to John F. Ahearn as president of the borough of Manhattan. Alderman Sullivan moved that the board adjourn sine die. The motion was agreed to. GEORGE B. McCLELLAN P. J. Scully Mayor City Clerk EXHIBIT " B " Excerpt from the minutes, board of estimate and appor- tionment, city of New York, held in room .16, City Hall, Friday, December 20, 1907 : The Chairman: The chair believes that the election of John F. Ahearn by the aldermen representing the borough of Manhattan, to fill the vacancy in the office of the presi- dent of the borough of Manhattan, was contrary to the intent of the law, and that, therefore, such vacancy still exists, and directs the clerk not to call the president of the borough of Manhattan. The clerk will call the roll. The President of the Board of Aldermen: I make the point of order that this board has no right to pass upon the qualifications of its membership, and so far as we know President John F. Ahearn has been elected, sworn in, and is a member of this board. The Chairman : The chair has no intention of submitting to the board the question of the qualifications of its mem- bership. The chair overrules the point of order. The President of the Board of Aldermen : I appeal from the decision of the chair, The Chairman : The chair declines to entertain the appeal upon the ground that the ruling appealed from is upon a question of fact and not of order. Mr. John F. Ahearn: I ask that you direct the clerk to call my name. The Chairman: The chair has already ruled upon that question, and declines to recognize the gentleman. 37° Public Papers of Governor Hughes Mr. John F. Ahearn: I ask that a copy of my certificate of my election be spread upon the minutes. The Chairman : The chair declines to recognize the gen- tleman for any purpose. The certificate of election has been filed with the city clerk, and such a motion, even if made by a member of this board, would not be in order. The President of the Board of Alderman: I move that the certificate of election be recognized and placed upon the minutes. The Chairman : The chair does not think that such a motion is germane to the business of this board, and de- clines to entertain it. The clerk will call the roll. There were present the following: The President of the Borough of Brooklyn : I move that the board adjourn until the question of the election of the -president of the borough of Manhattan is settled. The Chairman: A motion to adjourn must be unquali- fied. The chair, therefore, suggests that the president of Brooklyn divide his motion. Until what time does he sug- gest that the board adjourn? Until after Christmas? The President of the Borough of Brooklyn: Until the matter of Mr. Ahearn's election has been settled. The Chairman : A motion to adjourn to a day certain must specify a date. The President of the Borough of Brooklyn: I move that when the board adjourns it adjourn to meet in this place at 10:30 o'clock in the forenoon on Friday, January 3, 1908. The motion was agreed to. The Chairman : The question is upon the motion to ad- journ. The Comptroller: Now? The Chairman : Yes. The Comptroller: We have some business here to attend to. The Chairman: The chair will put the question. The question is upon the motion to adjourn. The motion was disagreed to. Appendix 37i The President of the Board of Aldermen: I make the point of order that there is no quorum present, and we cannot proceed. , The Chairman: The chair will count (and having counted). The chair announces twelve votes present — a quorum. The clerk will call. The President of the Board of Aldermen: I move to re- consider the motion whereby we agreed to adjourn until January 3. The motion was agreed to. The President of the board of Aldermen : I now move that when the board adjourns it adjourn to meet on Janu- ary 10. The motion was agreed to. (A true copy.) GEORGE B. McCLELLAN Mayor Reply of the Governor State of New York — Executive Chamber Albany, December 24, 1907 Hon. George B. McClellan, Mayor of the City of New York, New York City: Sir. — I have the honor to acknowledge receipt of your letter of the 23d instant setting forth the proceedings which have been taken since the removal of John F. Ahearn from the office of president of the borough of Manhattan. I am informed this morning by the Attorney-General that yesterday he caused an action in the nature of quo warranto in the name of the people of the State to be be- gun against John F. Ahearn demanding the appropriate judgment of ouster. I have the honor to remain Respectfully yours (Signed) CHARLES E. HUGHES INDEX [373] INDEX Page Abbott, Lyman, appointed delegate 224 Abocd, Joseph, violation of Liquor Tax Law 231 Acker, Milo M., appointment 204 Ackerly, Mary M., appointment 209 Acton, Thomas C, case of 271 Address, inaugural 6 Adirondack lands, appropriations 186 Adler, Charles S., appointment 207 Administrators, actions brought by, veto of bill relating to 156 Adulterated food, see Food Agne, Jacob 215 Agnew, George B., appointed delegate 222 bill introduced by, vetoed 170 Agricultural Law, veto of bills amending 146, 155 Agriculture, recommendations in annual message 36 Agriculture, Commissioner of, veto of appropriation for printing part of report 119 Ahearn, John F., proceedings against 267 denial of motion to dismiss charges 268 Governor's opinion 275 order of removal from office 285 papers relating to removal of 362 Ainsworth, Danforth E., veto of appropriation for 117 Akin, James H., claim of 126 Alaska- Yukon-Pacific Exposition 41 Albany Towing Company, claim of 126 Allen, Ellery G 214 Allen, James A 291 Almy, Frederick, appointed delegate 223 Altamont, veto of bill releasing to Sophie Demers the State's interest in real estate in 99 American Medical Association, appointment of delegates to con- ference 222 American Mining Congress, appointment of delegates 225 Apgar, James K., bill introduced by, vetoed 167 Appleyard, Arthur E., proceedings against 237 Appointments Banks, Superintendent of 204 Bronx Parkway Commissioners 200 [375] 376 Index Appointments — Continued. Page Charities, State Board of 208 Counsel to the Governor 197 county positions 201 Craig Colony for Epileptics 212 Eastern New York State Custodial Asylum, commission to select site for 198 Elections, Superintendent of, for the metropolitan district 204 Engineers, Consulting, Advisory Board ' 203 Fiscal Supervisor of State Charities 204 Grand Army of the Republic, members of committee to repre- sent State at national encampment 203 Health Officer for the Port of New York 207 honorary 221 judiciary 220 Labor Commissioner 207 Lake Champlain Tercentenary Commission 202 Loan Commissioner 219 Lunacy Commissioners 207 Military Secretary 197 military staff 197 National Guard and Naval Militia, commissioners to investi- gate condition- of 202 New York Agricultural Experiment Station 200 New York Charter Revision Commission 200 New York Electrical Workers' Union 219 New York State Hospital for the Treatment of Incipient Pul- monary Tuberculosis 212 New York State School for the Blind 216 New York State Soldiers and Sailors' Home 217 New York State Training School for Boys, commission to acquire site for 198 New York State Training School for Girls 212 Onondaga Indians, agents of 219 Palisades Interstate Park, commissioners of 219 Parole, Board of 218 Port Wardens of the Port of New York 207 Prisons, commissioners of 217 Prisons, new, commission on 199 * Public Service Commissioners -. . . 205 Public Works, Superintendent of 203 reformatories, board of managers 214 Rockland county, treasurer 218 Secretary to the Governor 197 State Agricultural and Industrial School 213 Index 377 Appointments — Continued. Page State Architect 207 State Fair Commissioners 199 State Historian ., 207 State hospitals, managers and trustees 208 State Probation Commission 199 Tax Commissioners 204 Thomas Indian School 215 Torrens system of registering land titles, commission to in- vestigate , 201 Uniformity of Legislation in the United States, Commissioners for Promotion of 203 Washington's headquarters, trustees . 217 Water Supply Commissioner 204 Western House of Refuge for Women 213 Apportionments, by Legislature or other bodies, review of, veto of bill 155 See also Legislative apportionment Appropriation bill items not approved no emergency message 189 Appropriations, statement in annual message 20 See also Supply bill Arbitration and Peace Congress, National, appointment of dele- gates 222 Argus Company, claim of 126 Armitage, Charles H., appointed delegate 226 Armstrong, Sarah F., appointment 214 Armstrong, Mrs. W. W., appointed delegate 223 Arnold, Lynn J., appointment 208 Assembly proclamation ordering special election in 14th Assembly dis- trict of Kings county 14 proclamation ordering special election in 15th district of New York county 13 See also Legislature Atlantic Deeper Waterways Conference, appointment of delegates. 226 Attorney-General designation to represent the people in proceedings for violation of Liquor Tax Law 230 designation to represent the people in proceedings against Eugene A. Georger 231 designation to represent the people in proceedings concerning Roger P. Clark '. 232 378 Index Attorney-General — Continued Page designation to represent the people in proceedings against Arthur E. Appleyard and Paul Werner 237 Oneida Indians, letter to, regarding petition of 309 power to bring action to try title to office 25 Attorneys admission of, veto of bills in relation to 140 appropriation for, veto of 116 Austin, H. Le Roy, charges against David B. King 286 Avery, Myra H., appointment 209 Babcock, Archer D., appointment 215 Babcock, Maj. Louis L 264 Bagg, Samuel T., resignation 210 Bahn, William H., claim of 132 Bail, admission of defendant to, veto of bill relating to 157 Baker, Stephen, letter to 310 Baldwin, George L., bills introduced by, vetoed 168 Baldwin, Joseph C., Jr., appointment 208 Ball, John F., claim of 130 Ballots, see Elections Banking Law, veto of bills amending 155 Banks, Commissioners on, letter to 310 Banks, Superintendent of, appointment 204 Barese, Giuseppe, release of lands to, bill vetoed 124 Barge canal, recommendations in annual message 22 Barnes, Mortimer Grant, appointment 203 Barrell, Mary H., claim of 127 Barrett, Joseph, appointment : 214 Barrett, Nathan F., appointment 219 Barry, Herbert, appointment 198 Bassett, Edward M., appointment 205 confirmed . . .., 206 Batavia and Northern Railroad Company, veto of bill extending time 142 Baumgarten, William, veto of bill for relief of 165 Bausch, William, appointment 214 Beardslee, Nathan S., appointment 200 Beattie, Judge, quoted 296 Beatty, George W., veto of bill to legalize marriage of 155 Beaver river, veto of appropriation for fishway on 120 Beckett, Charles H., appointment 220 Beckwith 348 Bellinger, William. W., appointment 211 Bender, Harry H 204 Index 379 r, r ■ Page Beneficiary societies, incorporation, veto of bill 161 Bennett, William H., appointment 203 Bergen, Mrs. Tunis G., appointed delegate 223 Big Sandy pond, veto of bill relating to fishing in 72 Bigelow, Elliott, Jr., appointment 198 Bijur, Nathan, appointed delegate 223 appointment as Prison Commissioner 218 resignation 218 Bingham, Theodore A., letter to, on enforcement of Election Law. 309 Binghamton charter, bill amending 189 Binghamton State Hospital, appointments 208 appropriations, items not approved 109, 119 Bison, American, veto of appropriation for purchase and main- taining n6 Bissell, Charles M., appointment 204 Blackmail, punishment for, veto of bill relating to 158 Bohan, Owen W., appointed delegate 222 bill introduced by, vetoed 157 Bond, discharge of, veto of bill 162 Boole, Francis I. A., charges against in 1865 270 Booth, John H., appointment 202 Boshart, Charles Fred, bill introduced by, vetoed 155 Bosworth, Frank M., appointment 210 Boxing exhibitions, veto of bill relating to 69 Brackett, Edgar T., attorney and counsel to represent people in Broome county 236 Brady, Frank E., claim of 131 Brainard, Frank, appointed delegate 226 Brennan, Matthew T., charges against in 1865 270 Brewster, waterworks, bill relating to 189 Bribery, law relating to, should be amended 26, 48 Broncado, Leonardo, commutation of sentence 299 Bronx Parkway Commissioners, appointment 200 Brooklyn, borough of, see New York Brooklyn College, veto of bill relating to 147 Broome county county treasurer, appointment 202 proceedings against 286 district attorney, proceedings against 232, 234 Brown, Howard Kirk, appointment 198 Brown, Manheim, claim of 132 Bryan, William W., claim of 127 380 Index Buffalo Page German Bank, insolvency 2 37 grants of land to, veto of bill 125 water supply, bill relating to 191 Buffalo, Niagara Falls and Rochester Railway Company, veto of bill extending time 142 Buffalo State Hospital, appointment in 209 appropriations, items not approved 109 Bulk sales of merchandise, veto of bill relating to 158 Burdick, Francis M., appointment 203 failed to qualify 203 Burglary, punishment for, veto of bill relating to 158 Burhyte, Orlando W., bill introduced by, vetoed 161 Burnham, Edwin K 214 Burns, John J., violation of Liquor Tax Law 231 Burr, Carll S., Jr., bill introduced by, vetoed 159 Butler, Nicholas Murray, appointed delegate 224 \ Caledonia State hatchery, veto of appropriation for 117 Campaign funds 26, 48 bill relating to, emergency message 190 - Canals, recommendations in annual message 22 Cannon, James G., appointment 200 Canton, complaints made by residents concerning river pollution.. 287 Capitol building, veto of appropriation for vacuum cleaner system. 119 Carder, Homer, claim of 131 Carlisle, Maj. John N 264 Carpenter, Francis M., appointed delegate 222 bills introduced by, vetoed 170, 171 Carson, James B., appointment 211 Case, James C, death 219 Casler, Mrs. Peter, claim of 131 Catherine creek, veto of appropriation for improving drainage conditions 121 Cayuga county, appointment of county judge 220 Cayuga inlet, veto of appropriation for improving 122 Cemetery property, veto of bill relating to 156 Central Islip State Hospital, appointments 209 appropriations, items nob approved no Chace, Benjamin B., appointment 214 Chaffee, Newton A., appointment 216 Chamberlain, Elbert, charges against. . ; 289 charges dismissed 290 Channing, J. Parke, appointed delegate 225 Charitable institutions, veto of appropriation for 106 Index 381 Page Charities, annual message on 39 Charities, State Board of, appointments 208 Charities and Corrections, appointment of delegates to National Conference * 223 Chase, Judge, quoted 46 Chautauqua Summer Institute, appropriation vetoed 114 Chemung canal, veto of appropriation for improving drainage conditions on lake level of 121 Chemung county, appointment of coroner 202 Chemung river, veto of appropriation for dyke 122 Chenango county, appointment of judge and surrogate 220 Chester, Alden, redesignation as justice 230 Child labor recommendations in annual message 35 in factories, approval of bill 180 in streets and public places, bills amending Labor Law 190 Children, Congress on the Welfare of the Child, appointment of delegates 225 Civil Procedure, Code of, see Code of Civil Procedure Civil Service Commission, appropriations, items not approved in Civil Service Law, veto of bill amending 156 Claims, Court of, see Court of Claims Clark, Roger P., appointment 218 proceedings against 232 Clark, William J., appointed delegate 221 Clarkson, David A., appointment 201 Cliff Haven Summer Institute, appropriation vetoed 114 Clinton, George, appointed delegate 226 Clinton county, appointment of county treasurer 202 tax sale, veto of bill for cancellation of 150 Cobb, George H., bills introduced by, vetoed 155, 161 Code of Civil Procedure, recommendations concerning amend- ment 57 veto of bills amending 96, 97, 98, 156, 157, 171 Code of Criminal Procedure, veto of bills amending 93, 157 Cohalan, John P., appointed delegate 222 bill introduced by, vetoed 163 Cohen, William N., appointment 200 declined 201 Cohoes, veto of bill authorizing the city to borrow money 72 Collier, Frederick J., appointed delegate 226 Collins, Cornelius V., appointed delegate 223 Columbia county courthouse, veto of bill concerning 63 supervisors, veto of bill relating to 156 382 Index Page Coman, Henry B., designation as justice 229 designation revoked 230 Commerce Convention, National, appointment of delegates 221 Commutations Broncado, Leonardo 299 Cottrell, Willard J 298 Flaherty, James 298 Hahn, Benjamin 302 Jones, George 301 Joyce, John 300 Keating, Michael 297 La Rosa, Luigi 298 McMahon, Frank 302 McMonagle, William D 296 Schoenberg, Herman 299 Wipf, Henry W 296 Complaints 245 Concealed weapons, carrying, veto of bill relating to 158 Condemnation proceedings, abandonment of, veto of bill relating to 157 recommendations in annual message 40 Condit, Arthur L., claim of 130 Connolly, Martin N 68 Consolidated Gas Company, claim of appraisers 132 Constable, Lizzie Wilhelm, appointment 211 Contempt, punishment for 57 Conway, William, claim of 128 Cook, Albert, claim of 130 Cookinham, Maj. Henry F 264 Copeland, Lillian, claim of 128 Copeland, Morris C, claim of 128 Corning, Keiika Lake & Ontario Railway Company, veto of bill for relief of 81 approval of bill legalizing incorporation 179 Coroners' inquests, stenographers 193 Coroners' juries, veto of bill relating to 157 Corrupt practices, law relating to, should be amended 26, 48 See also Elections Corthell, Elmer L., resignation 203 Cortland, veto of bill amending charter 155 Cothren, Frank H., release of lands to, bill vetoed 124 Cottrell, Willard J., commutation of sentence .' 298 Counsel to the Governor, appointment 197 Index 383 Page Counties, veto of bill relating to an investigation of expendi- tures of 87 County Law, veto of bills amending 83, 92, 159 Court designations 229, 239 Court of Claims, appropriations to meet judgments 186 veto of bills relating to 171 veto of bills conferring certain jurisdiction upon 125 Courteur, Arthur, violation of Liquor Tax Law 231 Courts, relief of, recommendations in annual message 39 removal of indictments, veto of bill relating to 157 Craig Colony for Epileptics, appointments 212 Cranberry lake, veto of appropriation for breakwater at 120 Crawford, William H., appropriation for, vetoed 115 Criminal cases, challenges in, veto of bill relating to 157 stenographers to take evidence 193 Criminal Procedure, Code of, see Code of Criminal Procedure Crossett, Frederick Melvin, appointment 197 Crossing of streets, recommendations concerning amendment of Tax Law 49 . Culkin, Capt. Francis 264 Cullen, Chief Judge, on Apportionment Act 44 Cunley, Frank G., resignation 213 Cunningham, J. J 342 Cunningham, James P., claim of 129 Cunningham, William D., bill introduced by, vetoed 159 Cutler, James G., appointed delegate 221 Cutler, Otis H., appointed delegate 221 appointment as State Hospital manager 211 declined 212 JDairy products, veto of bill relating to 155 Dalley, Henry, appointed delegate 221 Danbury & Harlem Traction Company, veto of bill extending time 142 Dannemora State Hospital for Insane Convicts, bill relating to.. 191 Davenport, Frederick Morgan, appointment 215 Davenport; Sarah L, appointment 217 Davenport, Middleburgh & Durham Railroad Company, veto of bill concerning 67 Davis, Carey D., commissioner to take testimony, etc 260 Davis, Charles Edmond, appointment 197 Davis, George Allen, bill introduced by, vetoed 163 Davis, Gherardi, appointment 218 resignation 218 384 Index Page Dayton, Charles W., release of lands to, bill vetoed 124 De Bevoise, Maj. Charles 1 264 Decker, Martin S., appointment 205 confirmed . . . 206 • Deeds, commissioners of, veto of bills legalizing acts of 153 Deer river, veto of appropriation for clearing 121 veto of appropriation for reservoirs 123 de Forrest, William H 165 De Grasse river, pollution 287 De Groot, William A, bills introduced by, vetoed 155, 168 Delaware county, appointment of coroner 201 Demers, Sophie, veto of bill releasing the State's interest in real estate in Franklin county to 99 Demmert, Henry, appointed delegate 225 De Ronde, Abram, appointment 219 De Silva, May R., application for cancellation of tax sale 150 Develin, John E., charges against, in 1865 270 Devine, Edward T., appointed delegate 223 Devlin, Joseph, veto of bill relating to legality of appointment 151 De Witt, Abram G., application for cancellation of tax sale 149 Dewitt, Jerome, appointment 208 Dey, Robert, appointment 215 Deyo, John, appointment 217 Diefendorf 348 Diehl, George C, appointed delegate 221 Dietrick, Conrad F., veto of bill legalizing acts of 153 Dillon, Richard, charges against, veto of bill relating to 151 Direct nominations, recommendations 28, 48, 54 bills relating to 192, 194 veto of bill 159 District attorneys, assistant, veto of bill relating to appoint- ment of 83 Dodge, Cleveland H., appointed delegate 225 Dodge, Philip T., appointed delegate 221 Dogs injuring other animals, veto of bills relating to 159 Domestic Commerce Law, veto of bill amending 159 Domestic Relations Law, veto of bills amending 159, 171 Dominy, Alonson T., bill introduced by, vetoed 167 Donegan, James A 291 Donohue, William J., vacancy in 14th Assembly district caused by death of 14 Doty, Alvah H., appointed delegate 226 appointment as health officer 207 Dougherty, J. Hampden, appointment 201 Index 385 Page Douglas, James, appointed delegate 225 Douglass, James A., appointment 215 Dowling, Edward G, bill introduced by, vetoed 162 Drainage Congress, National, appointment of delegates 225 Draper, W. Levell, bill introduced by, vetoed 159 Dreyer, Arthur, application for cancellation of tax sale 149 Du Bois, George R., veto of bill relating to claim of 152 Dudley, Joseph P., death 209 Duell, Holland S., bills introduced by, vetoed 157, 162, 163 Dufort, Mary J., claim of 133 Dumond, Cornelius, appointment 219 Dunwell, James W., death 220 Durkee, James H., appointment 199 Duval, George L., appointment 201 Dyett, Albert Henry, appointment ". 198 Eames, John C, appointed delegate 221 Earl, Robert, claim of 130 East Rochester, vacancies in offices of president and trustee 312 Eastern New York Reformatory, veto of appropriation for 106 Eastern New York State Custodial Asylum, appointment of com- mission to select site for 198 Eckerson, Willis C 262 Edgar, Matthew, claim of 126 Edgar, William John, claim of 126 Education building, appropriations 186 Eichhorn, Edward, bill introduced by, vetoed 166 Elections recommendations concerning 24, 48 bill amending law 190 bills relating to, vetoed 159, 160, 169 enforcement of law, letter to Hon. T. A. Bingham on 309 Primary Election Law, recommendations concerning amend- ment 48 bill amending 192, 193, 194 veto- of bill amending 144, 145 Elections, Superintendent for Metropolitan Elections District, appointment 204 proceedings against 290 Electric surface railways, see Street railways Ellenburgh, veto of bill for cancellation of tax sale 150 Ellenville, First National Bank, claim of 128 Ellett, James T., claim for services, bill vetoed 101 Elmira, veto of appropriation for dyke 122 *3 386 Index Page Elmira Reformatory, veto of appropriation for 106 Elsberg, Nathaniel A., appointment 201 Emergency messages, see Messages, emergency Emmons, G. E., appointed delegate 224 Engineer and Surveyor, State, veto of appropriation for printing part of report 120 Engineers, Consulting, appointment of Advisory Board 203 Erie county district attorneys, assistant, veto of bill relating to appoint- ment of 83 superintendent of the poor, charges against 289 charges dismissed 290 supervisors, veto of bill conferring certain jurisdiction upon. 82 taxes, veto of bill relating to 159 Escheats, bill relating to 189 veto of bill 123 Estof, Celia, charges against Elbert Chamberlain and George Prince 290 Eustis, John E., appointment 205 confirmed 206 Excise rebates, appropriations 186 Executive Law, bill amending 191 Executors, accounting, veto of bill 157 actions brought by, veto of bill 156 Extortion, punishment for, veto of bill 158 Factories, employment of women and children in, approval of bill : 180 Factory inspectors, recommendations in annual message 35 Fair, see State Fair Fancher, Albert T., bills introduced by, vetoed 158, 161 Farmers' National Congress, delegates' expenses, appropriation for, vetoed 115 Fearn, William Royde, appointment 198 Fehling, Cora, veto of bill releasing interest of the State in cer- tain lands to 68 Fenton, Gov., ruling in Governor's power to remove local officers. 270 Ferguson, Thomas D., bill introduced by, vetoed 169 Ferris, Albert Warren, appointment 208 Fields, Andrew C 321, 342, 343 Filley, Frederick C, bills introduced by, vetoed 169, 170 Financial statement, annual message 19 Finlay, J. R., appointed delegate 225 Fiscal Supervisor of State Charities, appointment 204 Index 387 Page Fish, Ellen T., appointment 208 Fishery Congress, International, appointment of delegate 226 Fitzgerald, Frank T., death ^ 220 Flaherty, James, commutation of sentence 298 Fleming, Matthew C, appointed to investigate Insurance Depart- ment 257 Floyd, Nicoll, Jr., appointed delegate 223 Foelker, Otto G., appointed delegate 222 bills introduced by, vetoed 155, 164 Foley, C R, bill introduced by, vetoed 158 Foley, James A., bill introduced by, vetoed . .' 162 Folks, Homer, appointed delegate .223, 224 appointments as commissioner 198, 199 Folks, Ralph, appointment 201 Folts, Mrs. Robert, claim of 131 Food, adulterated, recommendations in annual message 37 veto of bill in relation to sale of 146 Forest, Fish and Game Commissioner, designation of members of Land Purchase Board to act with 238 Forest, Fish and Game Law, veto of bills amending 72, 133 Forest preserves, recommendations in annual message 37 Forshew, Robert Pierpont, appointment 198 Fourth lake, Fulton Chain, claims for damages by persons at.... 131 Fowler, Albert P., appointment 214 Fowler, Joseph M., bills introduced by, vetoed 157, 165, 167, 171 Fox, Mary I., claim of 131 Franchise tax, appraisers' fees 307 Franchises, special, veto of bills 169 Franchot, Stanislaus P., bill introduced by, vetoed 162 Francis, Clarence W., claim of 130 Frankfort, claims for da-mages by overflow of Moyer creek 131 Franklin county, veto of bill releasing to Sophie Demers the State's interest in real estate .in. . . .' 99 Frantz, Albert J., appointment 211 Fraud, veto of bill amending Statute of Limitations relative to . . . 98 Freight, transportation of, veto of bill 168 Freight trains, veto of bill providing for additional brakemen for. 94 Frissell, Algernon S., letter to 310 Fuller, Charles H., appointed delegate 222 Fuller, Robert H., appointment 197 Fuller, Samuel L., appointment 210 Fulton Chain, Fourth lake, claims for damages by persons at 131 Fulton county, veto of bill for cancellation of tax sale of lots in Mayfield patent 149 Fulton hospital fund, veto of bill 154 388 Index Page Gas and Electricity Commission, abolition recommended 3 1 appropriation items not approved in Gauthier, Barnaby, violation of Liquor Tax Law 231 Gayley, James, appointed delegate 225 Genesee county, appointment of coroner 202 Genesee Falls, gift of land in, from \Villiam Pryor Letchworth, approval of bill I7S Genesee river, veto of appropriation for improving channel 121 veto of appropriation for surveys and investigations 122 Geneseo, bonds 57. !94 Geoghegan, Thomas J., bill introduced by, vetoed 168 Georger, Eugene A., proceedings against 231 Getman, Frank L., appointed delegate 221 Gilder, Richard Watson, appointed delegate 224 Gladding, Albert F., resignation 220 Glore, Harrison C, bill introduced by, vetoed 159 Gloversville, appropriation for hospital, veto of bill 154 Glynn, Martin H., designation to act with Forest, Fish and Game Commissioner 238 letter to, respecting collection of transfer tax 307 Goldberg, Mark, bills introduced by, vetoed 166, 171 Gompers, Samuel, appointed delegate 224 Gorham, George E., appointed delegate 222 Gould, Elgin R. L., appointment 201 Goven, Eli J., violation of Liquor Tax Law 231 Governor, ceremonies attending inauguration 5 . local officers, right to remove 270 Gowanda State Homeopathic Hospital, appointments 211 appropriations, items not approved no, 119 Grade crossings, abolition of, appropriations for 186 appropriations, items not approved 113 Grady, Thomas Francis, bills introduced by, vetoed 158, 164 Graeflf, James S., appointment 200 Graham, James G., appointment 217 Graham, James S., appointment 203 Grand Army of the Republic, encampment at Saratoga Springs, committee to represent 203 Grand juries, stenographers for, bill authorizing appointment 193 Grant, Madison, appointment 200 Grattan, William J., bills introduced by, vetoed 156, 159, 161 Gratwick, William H., appointed delegate 223 report on charges against Elbert Chamberlain referred to.... 290 Gray, Fred J., bill introduced by, vetoed 160 Index 389 Page Great South bay, veto of bill in relation to, allotments of, for oyster planting 141 Green, Andrew H., memorial to, veto of bill 1 164 Green, George A., bill introduced by, vetoed 171 Green Island, paving and improvement of certain streets, veto of bill relating to 160 Greene, A. L., claim of 128 Greenfield, Hull, appointment 220 Griffith, Morgan Llewellyn, admission to State bar examinations, ■ veto of bill 140 Grossman, John, appointment 219 Grout, Edward M., appointment 200 declined 201 Guaranty corporations, veto of bill 161 Gunner, John H., appointment 207 Gunnison v. Board of Education 77 Gunther, C. Godfrey, charges against in 1865 270 Gurley, William F., appointed delegate 221 Hackett, John C, admission to State bar examinations, veto of bill 140 Hahn, Benjamin, commutation of sentence 302 Haines, Harry W., bills introduced by, vetoed 168, 171 Hale, Ledyard P., appointment 208 Hall, Benjamin E., appointment 204 Hall, William K., death 217 Halpin, William 204 Hamilton, Andrew 336 Hamilton, Walter G., appointment 218 Hammond, Fred W., bill introduced by, vetoed 158 Hammond, John Hays, appointed delegate 225 Hammond union free school district No. I, veto of bill con- cerning bonds 160 union free school district No. 2, bill legalizing acts of trustees. 192 Hand, Richard L., appointment 217 resignation 217 Hardenburgh patent, veto of bill for cancellation of tax sale in.. 150 Harrietstown, veto of appropriation for repair of State dam and lock 121 Harte, Dennis J., bill introduced by, vetoed 165 Hastings, Hugh, resignation 207 Hatch, Edward H., veto of appropriation for , 117 Hatch, William, appointment 216 Havemeyer, William F., charges against in 1874 271 390 Index Page Hazard, F. R., appointed delegate 224 Hazen, Allen, ap'poirited delegate 226 Heacock, Seth G., bills introduced by, vetoed 168, 170 Head, Henry, reinstatement, veto of bill 171 Health Department, appropriation increased 185 examination of alleged nuisances ordered 266, 287 Health officer for the port of New York, appointment 207 Healy, A. Augustus, appointed delegate 221 Healy, Charles, appointment 198 Healy, Timothy, appointed delegate 225 Hearst, William Randolph, contest for mayoralty of New York 24, 181, 191 Hebberd, Robert W., appointed delegate 223 Hebert, Henry B., appointed delegate 226 Hedeman, Mary, veto of bill providing for pensioning of 100 Hedges, Job E., designation as special counsel to assist Rail- road Commissioners 238 Heins, George Lewis, death 207 Hendy, James 128 Henry, Nelson Herrick, appointment 197 Hepburn, A. Barton, letter to 310 Herbert, John F., appointment 214 Hering, Rudolph, appointed delegate 226 Hicks, John H., appointment 220 Higgins, Frank Wayland, death, message announcing 42 proclamation on 14 Highway Congress, National, appointment of delegates 221 Highways assessment as special franchise of occupancy of, bill vetoed.. 169 improving, veto of bill relieving property-owners of cost of . . 61 recommendations in annual message 23 St. Lawrence county, veto of appropriation for 120 veto of bills relating to 160, 161 Hill, Henry Wayland, bills introduced by, vetoed 155, 161 Hill, William R., appointed delegate 225 Hinchey, James R., claim of 131 Hinman, Harvey D., bill introduced by, vetoed 155 Hoffman creek, veto of appropriation for dyke 122 Hoffman island, bill relating to appropriation for submarine cable 194 Hogan, John F., appointment 219 Holland, Cornelius, veto of bill -to reimburse the estate of, for inheritance tax illegally collected 102 Holt, Hamilton, appointed delegate 224 Index 391 Page Holter, Edwin O., resignation 199 Holzer, John, veto of bill for relief of 151 Hoornbeek, Frank B., appointed delegate * 224 appointment as manager of reformatories 214 Horses, cattle or swine, veto of bill relating to injuring of 159 Hotchkiss, Nellie R 214 Hotchkiss, William H., appointment 203 Hough, David L., claim of 132 Howard, Charles F., appointed delegate 223 appointment as Prison Commissioner 199, 218 resignation as manager of reformatories 214 Howland, Henry R., appointment 216 Howland, W. B., appointed delegate 224 Hudson, veto of bill concerning Columbia county courthouse 63 Hudson-Fulton Celebration Commission, appointment of members. 226 Hudson Orphan and Relief Association, veto of act incorporating. 160 Hudson river pollution 266 Hudson River State Hospital, appointments 209 appropriations, items not approved. 108, 119 Huffcut, Ernest W., appointment .' 197 death 197, 203 Hunter, Robert H., see Kelsey investigation Huntington, Francis C, appointment 218 Hurley patentee woods, veto of bill for cancellation of tax sale . . . 149 Hutton, William, Jr 262 Huyck, William F 216 Hynes, Thomas W., appointment '. 199, 217 Ihmsen, M. F 291 Inauguration S Indian Lake, town of, claim 126 Indictments, veto of bill relating to removal of 157 Ingalls, Walter Renton, appointed delegate 22s Ingraham, John Henry, appointment 198 Inman, Curtis E., appointment 202 Insanity Law, veto of bills amending 161 Insurance Department, investigation 257 Insurance laws, recommendations in annual message 28 bills amending 19° veto of bills amending 161 Insurance, Superintendent of, proceedings for removal of 245 testimony before Governor Hughes 31S International Congress at Rome, appointment of delegate 223 392 Index Page Investigation of departments, message recommending passage of act providing for 48 Ithaca, veto oi appropriation for improving Cayuga inlet 122 Ivins, William M., appointment 200 Jails, recommendations in annual message 38 Jamestown Exposition, appointment of delegate 223 Jarvis, M. R., appointment 219 Jemison, Wallace, resignation 216 Jenks, J. W., appointed delegate 224 Jerome, District Attorney, quoted 298 Jimerson (Jemison), Theodore L., appointment 216 Jimeson, Alfred L., appointment 215 Johnson, George F., appointed delegate 221 Johnson, Willis G., appointment. 200 Jones, George, commutation of sentence 301 Jones, Robert E., veto of bill relating to claim of 62 Joy, Mary E., appointment 212 Joyce, John, commutation of sentence 300 Judiciary, appointments 220 appropriations increased 185 Junk business, licenses, veto of bill 162 Juries, grand, bill authorizing appointment of stenographers for.. 193 Keating, Michael, commutation of sentence 297 Keator, H. Ward, appointment 201 Keep, Charles Hallam, appointment as Superintendent of Banks. . 204 resignation 204 appointment as Public Service Commissioner 205, 206 Kelsey, Otto, appropriation for counsel vetoed 117 proceedings for removal of 245 testimony before Governor Hughes 315 Kernan, Francis K., appointment 215 Kernan, John D., appointed delegate 226 Keuka lake, veto of appropriation for repairing pier 121 Keyes, Samuel G., appointment 216 failed to qualify 216 Kiff, Charles Everett, appointment 219 Kilburn, Frederick G., resignation 204 King, David B., proceedings against 286 resignation 202, 287 Kings county proclamation ordering special election in 14th Assembly dis- trict 14 Index 393 Kings comity — Continued. Page register, veto of bill providing a special scale of fees for the office of 100 sheriff, veto of bill relating to 66 street railroad employees, bill vetoed *. 168 surrogate, salary, veto of bill 162 Surrogate Court and Supreme Court, veto of bill 162 Kings Park State Hospital, appointment . . , 209 appropriations, items not approved 109, 1 19 Kingston, bill legalizing acts of mayor and common council 192 Kirby, Gustavus T., claim of 131 Kirkbride, Franklin B., appointment 199 Knapp, Clyde W., appointment 220 Kobbe, William A., appointment 202 Labor Department, appointment of Commissioner 207 appropriation increased 185 Labor Law, recommendations in annual message 35 bills amending 180, 190 Lake Champlain, ferry, veto of bill establishing 160 Lake Champlain Ter-Centenary Commission, appointment 202 Land Purchase Board, designation of members to act with Forest, Fish and Game Commissioner 238 Land registration, Torrens system, appointment of commission to investigate 201 Landon, Francis G, appointment 202 Lands Public Lands Law, bill amending 189 release to Sophie Demers, veto of bill 99 release to Cora Fehling, veto of bill 68 release of, veto of bill providing for 123 Lang, Percy L., appointment 212 Lansing, Bradford R., bills introduced by, vetoed 158, 168, 169 Lapan, P. A., violation of Liquor Tax Law 231 Larkin, Elmer E 212 Larmouth, Laura K., appointment 211 La Rosa, Luigi, commutation of sentence 298 Law stenographers, veto of appropriation for 116 Lawless, E. J., claim of r 129 Lawrence, G. W., appointment 219 Laws, consolidation 4° Lawton, William S., appointment 215 Lazaroe, Jacob J., veto of bill legalizing acts of 153 League of American Sportsmen appointment of delegates 222 394 Index Page Leary, William, appointment 204 proceedings against 290 charges dismissed 291 Le Boeuf, Randall J., commissioner in matter of charges against William J. Randolph 263 Lee, John M., appointment 213 Lee, Warren I., appointed delegate 222 Legacies, deposits of, veto of bill relating to 156 Legislative apportionment, bills relating to 190, 194 messages recommending passage of bill 43, 50, 52 Legislative Index Publishing Company, veto of appropriation for. . 123 Legislative Law, bill amending 189 veto of 79 Legislature appropriations, bill relating to 193 proclamation convening in extraordinary session 15 review of apportionments by, veto of bill ISS special session, appropriation for 57, 194 See also Assembly Leonard, Irving R., appointment 215 Le Seur, John W., appointment 213 Lester, Charles C, appointment 220 Letchworth, William Pryor, gift from 41, 175 Levi, Nathaniel H., appointment 213 Lewis, George A., appointment 213, 218 Lien Law, veto of bills amending •. . 162 Life insurance corporations, election of directors 190 witnesses, veto of bill relating to 158 See also Insurance Limitations, Statute of, veto of bill amending Code of Civil Pro- cedure relative to 98 Lincoln, Emily P., appointment 219 Lincoln, George I., death 219 Lippman, Harry, appointment 210 Liquor Tax Law, proceedings for violation of, Attorney-General to represent people 230 veto of bill amending 103 Livingston street, Brooklyn, widening of, approval of bill 176 Loan Commissioner, appointment 219 Local officials, responsibility of 307 right of Governor to remove 270 Local self-government, essential conditions, Governor Tilden on . . . 273 Lockport, bonds for high school 192 for public market 191 for waterworks S7> I0 4 Index 395 Page Logan, Walter S., death 203 Logan, William J., claim of 132 Long Island State Hospital, appointments 210 Low, Seth, appointed delegate 224 appointment as member 'of Charter Revision Commission 200 appointment declined '. . . 201 Lower Bridge Company, veto of bill incorporating 162 Lunacy Commissioners, appointment 207 Lydecker, Maj. Charles E 264 Lydecker, Edwin 262 Lyon, Frank D., appointed delegate 221 McAneny, George, charges against John F. Ahearn 267, 275 MacArthur, Arthur, appointed delegate 226 McCabe, John S., appointment 219 McCarren, Patrick H., bill introduced by, vetoed 163 McCarroll, William, appointment 205 confirmed 206 McCarthy, Dennis, appointed delegate 223 appointments as commissioner 198, 208 McCartney, J. H., claim of 131 McClary, Martin E., appointment 212 McClellan, George B., bills providing for recount of votes 181, 191 letter in relation to removal of John F. Ahearn 362 votes received for, as mayor of New York 24, 181 McClintock, J. Y., appointed delegate 221 McCue, Martin G., bill introduced by, vetoed 158 McCurdy 321 Macdonald, Willis E., appointment 212 McGee, John C, veto of bill concerning reinstatement of 166 McGowan, James, charges against, veto of bill relating to 171 Mack, M. J 291 McKenna, Charles F., appointment 199 Mackey, Clarence H., resignation 200 McLaughlin, Chester B., redesignation as justice 230 McLennan, Peter B., quoted 301 redesignation as presiding justice 229 McMahon, Frank, commutation of sentence 302 McManus, Thomas J., bills introduced by, vetoed 157, 164, 166, 171 McMonagle, William D., commutation of sentence 296 McNeile, Hector, claim of, veto of bill , 165 MacPherson, William A., appointment 202 Macy, V. Everit, appointed delegate 225 Madison county buildings, veto of bill relating to site of 73 396 Index Page Mallon, John H., bill introduced by, vetoed 159 Malone, Sylvester L 291 Maltbie, Milo Roy, appointment 205 confirmed 206 Mamakating, veto of appropriation for cleaning out catch basin of State dam 121 Manhattan Mortgage Company, loans on real estate, veto of bill. .. 162 Manhattan State Hospital, appointments 210 appropriations, items not approved no Manro, Fred J., appointment 211 Marcellus & Otisco Lake Railway Company, veto of bill con- cerning 168 Markets, public, veto of bill relating to 156 Marks, Marcus M., appointed delegate 224 Marks, Walter F 215 Marriage by written agreement, veto of bill concerning 171 Married women, liabilty of, for necessaries, veto of bill relating to. 159 Marshall, W. H., appointed delegate 221 Marston, Edwin S., letter to 310 Marvin, Selden Erastus, appointment 197 Matheson,. William J., appointed delegate 225 Matteawan State Hospital for Insane Criminals, bill relating to. . . 191 Maxwell, John S., appointment 203 Mayer, Belle F 217 Mayer, Julius M., veto of appropriation for 117 Mayfield patent, veto of bill for cancellation of tax sale 149 Maynard, Howard A., resignation 213 Mayo, John B., violation of Liquor Tax Law 231 Mears, Mrs. David O., appointed delegate 225 Mechanic's lien, discharge of, veto of bill relating to 157" Meldrum, Herbert A., appointment 209 Melville, Henry, appointment 214 Memoranda filed with bills approved 173 Corning, Keuka Lake & Ontario Railway Company, legalizing incorporation 179 Letchworth, William Pryor, gift from 175 New York, Livingston street, Brooklyn, widening of 176 New York mayor, providing for a recount of votes 181 New York, deputy police commissioner 179 Railroad Law, bill amending, relative to fares on electric sur- face railroads 178 supply bill 185 women and children, employment in factories 180 Index 397 Memoranda filed with bills not approved, see Vetoes Page Merchandise in bulk, veto of bill relating to sale of 158 Mereness, Henry E 212 Merklein, Frank, appointment.' t 219 Merrill, George B. R., appointment 202 Merrill, William P., appointment 219 Merritt, R A., Jr., bills introduced by, vetoed 160 Message, annual agriculture 36 Alaska- Yukon-Pacific Exposition 41 canals 22 charities 39 condemnation proceedings 40 courts, relief of , 3g economy in administration 21 elections 24 finances 19 food adulterations 37 forest preserves and water powers 37 insurance 28 labor 35 Letchworth gift 41 prisons 38 public service corporations 29, 32 roads 23 statutory consolidation 40 taxation 19, 22 Water Supply Commission 38 Messages Code of Civil Procedure, amendment 57 Election Law, recommending amendment 48 Geneseo bonds 57 Higgins, Frank Waylahd, announcing death of 42 investigation of departments 48 Legislative Apportionment Act, recommending passage. .43, 50, 52 Legislative session, extra, recommending appropriation for expenses 57 Lockport bonds 57 New York charter 56 New York mayor, recommending recount of votes ( 47 Primary Election Law, recommending amendment 48 State Fair 54 Tax Law, amendment of 49 water powers 49 West Seneca town bonds 57 398 Index Messages, emergency, with bills relating to : Page appropriations 189 Binghamton charter 189 Brewster waterworks 189 Buffalo water supply 191 Election Law 190 Executive Law 191 Geneseo bonds 194 Hammond union free school district no. 2 192 Insurance laws 190 Kingston, bill legalizing acts of mayor and common council. . . 192 Labor Law 190 Legislative apportionment 190, 194 Legislative Law 189 Legislature, appropriations 193 Legislature, special session, appropriation for 194 Lockport, bonds for high school 192 for public market 191 for waterworks 194 New York charter 193 New York mayor, provision for recount of votes 191 Niagara Falls 193 Old Forge, bonds for waterworks 192 Oneida county, sheriff 190 treasurer 190 Port Jervis charter 192 Primary Election Law 192, 193, 194 Public Lands Law 189 Public Service Commissions 189 Rochester charter 193 State fair grounds and buildings 194 State prisons and State hospitals for insane convicts 191 stenographers for grand juries 193 submarine cable, appropriation for 194 supply bill 192 West Seneca sewer system 193 White Plains, charter 191 Messages, veto, with bills relating to : Big Sandy pond, fishing in 72 Code of Civil Procedure, bill amending, relative to Statute of Limitations 98 Cohoes, authorizing city to borrow money 72 Columbia county courthouse 63 Corning, Keuka Lake & Ontario Railway Company, relief of.. 81 counties, investigation of expenditures 87 Index 399 Messages, veto, with bills relating to — Continued. Page Davenport, Middleburgh & Durham Railroad Company 67 Demers, Sophie, releasing State's interest in real estate in Franklin county to <« 99 district attorneys, assistant, appointment 83 Erie county, conferring certain jurisdiction upon board of supervisors 82 Fehling, Cora, releasing interest of State in certain lands to. . . 68 Hedeman, Mary, pensioning 100 highways, relieving property-owners of cost of improving 61 Holland, Cornelius, to reimburse estate of, for inheritance tax illegally collected 102 Jones, Robert E., claim of 62 Kings county register, special scale of fees for 100 sheriff 66 Legislative Law 79 Liquor Tax Law ■. . . . 103 Madison county buildings, site of 73 New York charter, amending, relative to department of health pension fund 101 increasing number of coroner's physicians in Brooklyn. ... 86 New York city, additional city magistrates and other appoint- ments in second division of 85 claims, authorizing board of estimate and apportion- ment to allow 101 schools, bill relating to salaries of supervising and teaching staff 75 Supreme Court, Appellate Term in certain boroughs of . . . 96 New York county, Court of General Sessions, relating to cer- tain salaries in 73, 80 property, exempt, publishing list of 71 Queens county jail, additional employees 64 railroads, brakemen for freight trains 94 passenger rates 88 Richmond county, deputy sheriffs and constables, compensa- tion of 97 jailor 97 sparring exhibitions 69 Staten Island, South Side boulevard 92 supervisors, compensation 9 2 Tenement-House Act 74 veterans, retirement 104 warrants, issued by police justices of second-class cities 93 Watertown, liability of, for injuries to persons or property 95 400 Index Page Metropolitan Elections District, State Superintendent of Elections, appointment 2 °4 charges against 290 Metropolitan Equipment & Supply Company 284 Meyers, James Cowdin, appointment 200 Middletown State Homeopathic Hospital, appointments 211 appropriations, items not approved 108, 118 Military Secretary, appointment 197 Military staff, appointment 197 Militia, claims of officers or members for counsel fees 132 Milk and milk products, veto of bill relating to 155 Milk cans, unlawful detention, veto of bill relating to 159 Miller, Frank, claim for services, bill vetoed 101 Miller, William G., bills introduced by, vetoed. 157, 161 Mills, Andrew, letter to 310 Mineral rights, release of, veto of bill 123 Minors, see Children Miscellaneous Reporter, appointment 220 Mitchell 348 Monroe, veto of bill legalizing special election, etc 163 Montgomery, John, admission as attorney, veto of bill 140 Montour Falls, veto of appropriation for improving drainage con- ditions 121 Moore, Frederic Potts, appointment 197 Morris, Newbold, appointment 212 Moses, Uriel B., appointment 213 Motor Vehicle Law, veto of bill amending 163 Mott, Luther W., appointment 204 resignation 204 Mount Vernon, deputy commissioner of public works, veto of bill. 162 Moyer creek, claims for damages by overflow of 131 Moynehan, Dennis, claim of 131 Mullady, Jennie, claim of 130 Mullady, Patrick 130 Mullin, James A 140 Mulry, Thomas M., appointed delegate 223 appointment as member of Charter Revision Commission 200 declined 201 appointment as commissioner 208 Municipal Law, veto of bill amending 87 Murphy, Charles F., bills introduced by, vetoed 156, 165 appointed delegate 222 Murphy, Daniel B., appointment 212 Murphy, Michael C, claim of 130 Index 401 Page Murray, Philip, pardoned 295 Murtaugh, William, claim of 128 Myers creek, claims for damages by overflow of 131 Nagle, Ella, claim of ._ 133 Nassau county, roads, veto of bill 161 National Guard and Naval Militia, appointment of commissioners to investigate condition of 202 New Hartford, veto of bill concerning highways. 61 New Rochelle, veto of bills relating to 163 New York (city) bond clerk, veto of bill 166 charter, revision recommended 41, 56 approval of bills amending ; . . 179 emergency message on bill relating to city magistrates .... 193 veto of bills amending 75, 85, 86, 101, 136 churches, veto of bills authorizing cancellation or refund, of taxes 138 claims against, veto of bills 151, 163, 165 veto of bill authorizing board of estimate and apportion- ment to allow certain 101 coroner's physicians, Brooklyn, veto of bill increasing number. 86 elections, letter to Hon. T. A. Bingham on enforcement of law. 309 superintendent of, appointment 204 charges against 290 fire department, veto of bill 150 Jones, Robert E., veto of bill concerning claim 62 Livingston street, Brooklyn, approval of bill for widening 176 magistrates, additional, veto of bill providing for, and other appointments in the second division of 85 mayoralty election of 1905, recount of votes, recommenda- tions 24, 47 bills providing for 181, 191 Municipal Court, appointment of justice 220 veto of bills 163, 164, 166 police commissioner, deputy, approval of bill providing for 179 police department, veto of bill relating to 150 eligible list, veto of bill 164 president of borough of Manhattan, see Ahearn, John F. probation officers, veto of bill relating to 148 Prospect park, Brooklyn, assessments for, veto of bill pro- viding for payment 171 Public Service Commission, recommendations 34 release of lands in, bills vetoed 68, 124 402 Index New York (city) — Continued Page schools, veto of bill relating to salaries of supervising and teaching staff 75 streets, veto of bill concerning a certain street 166 gates on, leading to Gowanus canal, veto of bill 164 Supreme Court, veto of bill. relating to an Appellate Term in certain boroughs of 96 volunteer fireman, veto of bill for relief of 165 Water Supply Commission, veto of bill amending act 165 New York (county) Court of General Sessions, appointment of judge 220 veto of bills relating to 157, 164 veto of bill relating to certain salaries in 73, 80 proclamation ordering special election in 15th Assembly dis- trict 13 surrogate, appointment 220 New York Agricultural Experiment Station, appointment 200 New York Charter Revision Commission, appointment 200 New York Electrical Worker's Union, appointments 219 New York State Hospital for the Care of Crippled and Deformed Children, appointment 209 New York State Hospital for the Treatment of Incipient Pul- monary Tuberculosis, appointments 212 New York State Reformatory for Women, appointment 214 New York State School for the Blind, appointments 216 veto of appropriation for 106 New York State Soldiers and Sailors' Home, appointment 217 New York State Training School for Boys, appointment of com- mission to acquire site for 198 New York State Training School for Girls, appointments 212 Newark & Marion Railway Company, veto of bill concerning 168 Newbold, Catherine A., appointment 209 Newell, Edgar A., appointment 217 Niagara, Lockport & Ontario Power Company, veto of bill pro- viding for appointment of special policemen 145 Niagara county, superintendent of poor, removal, proceedings for. 258 memorandum 261 order of 260 Niagara Falls, bill relating to 193 Niagara river, grant of lands under water, veto of bill relating to. 125 Nichols, Oliver, appointment 219 Nichols, William H., appointment 217 Niles, William White, appointment 200 Nobles, Alfred, appointed delegate 226 Index 403 Page Nominations, direct, recommendations 28, 48, 54 bills relating to 192, 194 veto of bill » 159 Northrup, Frederick, bills introduced by, vetoed ....161, 168 Norton, Eugene R., bill introduced by, vetoed 160 Nosker, C. F., appointment 219 Notaries public, filing certificate of appointment, bill relating to... 191 veto of bills legalizing acts of 153 Officers, local, Governor's right to remove 270 responsibility of 307 Officers, special, appointment of, veto of bill relating to 157 Ohman, Gabriel, claim of 131 O'Keefe, Michael, claim of 126 Old Forge, bill legalizing bonds for waterworks 192 Olin, Milo H., death 200 O'Malley, Edward R., appointment 217 Omnibus veto 154 Oneida county, sheriff, bill relating to 190 treasurer, bill relating to 190 Oneida Indians, letter to Attorney-General regarding petition of . . 309 Onondaga Indians, agents of, appointment 219 Optometry, veto of bill defining and regulating practice 143 Osborne, Thomas Mott, appointed delegate 221 appointment as Public Service Commissioner 205, 207 confirmed 206 Ossining, release of lands in, bill vetoed i 124 Oswego, veto of bills amending charter 167 Owens, James, bill introduced by, vetoed 156 Oyster planting, veto of bill in relation to allotments of Great South bay for 141 Page, Alfred R., appointed delegate 222 bills introduced by, vetoed 156, 157, 159, 164 Palisades Interstate park, appointment of commissioners 219 Paltsits, Victor H., appointment 207 Pardons Murray, Philip 295 Scarola, Salvatore 29s Whitbeck, Henry 295 Park, Emma B., claim of 126 Parker 347 Parker, Thomas, claim of 126 Parole, Board of, appointments 218 404 Index Page Parsons, H. de B., appointed delegate 226 Passenger rates, veto of bill relating to 88 Patterson 328 Patton, John K., bill introduced by, vetoed 162 Payne, Arthur B., appointed delegate 221 Peck 348 Pegram, Henry, appointment 201 Penal Code, veto of bills amending 69, 157, 158 Penitentiaries, recommendations in annual message 38 Penn Yan, veto of appropriation for repairing pier at Keuka lake. 121 Perkins, Orville, claim of 131 Perley, Frank E., appointment 204 Perrin, George E., appointment 216 Personal property, liens on, veto of bill 162 Peterson, Frederick, appointment 212 Phelps, Frederick A., veto of bill legalizing acts of 153 Philbin, Eugene A., quoted 297 Phillips, Jesse S., bills introduced by, vetoed 169 Pilgrim, Charles W 208 appointed delegate 223 Pinchot, Amos R. E., resignation 210 Pine Hill, veto of bill concerning tax-roll 167 Plattsburgh, veto of bill amending charter 167 Poisons, retailing of, veto of bills 158, 168 Polak, Edward, veto of bill legalizing acts of 153 Police justices of second-class cities, veto of bill relating to war- rants issued by 93 Policemen, special, veto of bill providing for appointment of 145 Political parties, recommendations in annual message zy Pombrio, Henry, violation of Liquor Tax Law 231 Pomeroy, R. W., appointed delegate 222 Pool, Wilbur T., removal, proceedings for 258 memorandum 261 order of 260 Port Jervis, bill incorporating 192 Port wardens of the port of New York, appointment 207 Portage, gift of land in, from William Pryor Letchworth, approval of bill 175 Pratt, Addison S., veto of bill legalizing acts of 153 Prentice, Ezra P., appointed delegate 222 bills introduced by, vetoed 158, 169 Pressinger, W. P., appointed delegate 225 Price, Waterhouse & Co 361 Index 405 Page Primary Election Law, recommendations concerning 48 bills amending 192, 193, 194 veto of bills 144, 145 Prince, George, charges against, dismissed 290 Prince, Leopold, appointed delegate 222 Prison Association, National, appointment of delegates 223 Prisons, State, see State prisons Probation Commission, appointment 190. Probation officers in New York city, veto of bill relating to 148 Probation system, recommendations in annual message 38 Proclamation convening the Legislature in extraordinary session 15 Higgins, Frank Wayland, upon the death of 14 special election in 14th Assembly district of Kings county, ordering , 14 special election in 15th Assembly district of New York county, ordering 13 Thanksgiving 15 Proctor, Thomas R., appointment 215 Property, exempt, veto of bill relating to publishing list of 71 personal, liens on, veto of bill 162 real, veto of bill relating to sale of 157 Proudfit, Alexander C, appointment 199 Pryor, John H., appointment 212 Public Health Law, veto of bills amending 143, 168 Public lands, see Lands Public Service Commissions, appointment of commissioners 205 bill establishing 189 recommendations in annual message 29, 32 Public Works, Superintendent of, appointment 203 Purdy, Lawson, appointed delegate 224 Putnam county, mineral lands 125 Quarantine station, appropriations for, veto 107, 155 submarine cable, recommendations 55 bill relating to 104 Quayle, Oliver A., claim of 129 Queens county commissioner of records, veto of bill for appointment of 168 district attorneys, assistant, veto of bill relating to appoint- ment of 83 jail, veto of bill providing for additional employees 64 roads, veto of bill 161 street railroad employees, bill vetoed 168 406 Index Page Railroad Commissioners, abolition of board recommended 31 appropriations, items not approved 112 special counsel, designation ; 238 Railroad inspectors, veto of appropriation for salary 118 Railroad Law, approval of bill relating to 178 veto of bills amending 168 Railroads completion of, veto of bill extending time for 142 Corning, Keuka Lake & Ontario Railway Company, veto of bill for relief of 81 Davenport, Middleburgh & Durham Railroad Company, veto of bill concerning 67 freight trains, veto of bill providing for additional brakemen for 94 passenger rates, veto of bill relating to 88 See also Public Service Commissions Raines, George, appointment 210 Raines, John, bill introduced by, vetoed 159 Randolph, William J., proceedings for removal of 262 resignation 218, 263 Rapid transit, recommendations in annual message 32 Raymond, A. V. V 211 Real property, sale of, veto of bill relating to 157 Red Hook, veto of bill for census and refunding excise taxes 168 Reed, Mrs. George, claim of .' 131 Reeves, Alfred G, appointment 201 Reformatories, board of managers, appointments 214 Reichnitz, Benjamin, appointment 219 Remington, Wi.liam R., death 208 Rensse'aer, veto of bills amending charter 168, 169 Rensselaer county, taxes, veto of bill 170 Reynolds, James Bronson, appointed delegate 224 Rich, Gaius Barrett, Jr., appointment 197 Richmond county cancellation of tax sale, veto of bill 150 deputy sheriffs and constables, veto of bill relating to com- pensation 97 district attorneys, assistant, veto of bill relating to appointment of 33 jailor, veto of bill increasing allowance for 97 Ridder, Herman, appointed delegate 224 Rivers and Harbors Conference, National, appointment of dele- gates 226 Roads, see Highways Index 407 Page Robinson, Allan, appointment 201 Robinson, Beverly R., appointed delegate 22a Robinson, Charles D., appointment 217 Robinson, John A., death 202 Robison, Jeannie Floyd- Jones, appointment 209 Robson, James A., designation as justice 229 designation revoked 229 Rochester, bill amending charter 193 Rochester State Hospital, appointment 210 appropriations, items not approved • 109 Rockefeller, Lewis K., charges against David B. King 286 Rockland county, treasurer, appointment 218 proceedings for removal of 262 Rodgers, Helen Z. M., appointment 213 Roe, General, statement by Governor regarding 308 Roebuck brothers, release of lands to, bill vetoed 124 Rogers, James T., bill introduced by, vetoed 160 Rogers, Watson M., to hold extraordinary Trial Term 241 Rome State Custodial Asylum, appointments 215 Roth, George F., appointment 213 Roth, George W., claim of 128 Rothschild, Simon Frank, appointment 213 declined 213 Rowlett, W. A., claim of 131 Ryan, Danahy & Ryan Company, veto of appropriation to pay claim 82 Ryan, Stephen, appointed delegate '. 221 ( Sague, James E., appointment 205 confirmed 206 St. Lawrence county, veto of appropriation for roads in 120 St. Lawrence State Hospital, appointments 210 appropriations, items not approved 109, 119 Sandford, Edward, appointment 197 Sanger, William Cary, appointment 202 Saranac river, veto of appropriation for clearing 120 veto of appropriation for repair of State dam and lock 121 Sard, Grange, appointed delegate 224 Saugerties, claim for damages in 131 Sawyer, Samuel Nelson, appointment as Supreme Court justice... 220 resignation as county judge and surrogate 220 Saxer, Leonard A., appointment 210 Saxton 348 Scanlan, Michael, resignation 208 408 Index Page Scannell, John J., veto of bill relating to claim of I5 2 Scarola, Salvatore, pardoned 295 Scenioth, Atorne L, claim of 131 Schoenberg, Herman, commutation of sentence 299 Schoepflin, John, appointment 216 Schools, increased appropriations 185 Schulz, George M. S., bill introduced by, vetoed 157 Schurman, Jacob Gould, appointed delegate 221 Schuyler, Walter S., appointment 202 declined 202 Scola, Carlo 124 Scola, Charles 124 Scott, Joseph F., appointed delegate 224 Seabury, Samuel, resignation 220 Searing, Adolphus H., death 220 Secretary to the Governor, appointment 197 Securities guaranty corporations, veto of bill 161 Seligman, Edwin R. A., appointed delegate 224 Seligman, Isaac N., appointed delegate 224 Senate, see Legislature Seneca, Cornelius 216 Severne, Frank W., appointment 216 Sewell, Albert H., designation as justice 229 Seymour, Governor, opinion in case of Thomas C. Acton 271 Shaw, Albert, appointed delegate 224 Shaw, Henry L. K., appointment 212 Sheehy, Helen K., claim of 127 Sheldon, Edward W., letter to 310 Sheldon, George R 165 Shelland, James E., claim of 129 Sherman, P. Tecumseh, resignation 207 Sherwood, Walter F., appointment 202 Simmons, Charles Alonzo, appointment 198 Simon, Robert E., appointed delegate 225 Sinclair, John B., bill introduced by, vetoed 160 Singleton, Thomas W., appointment 215 Smith v. Board of Supervisors 46 Smith A. E'., bill introduced by, vetoed 166 Smith, Eugene, appointment 218 declined 218 Smith, George A., appointment 199 Smith, Sanford W., bills introduced by, vetoed 156, 169 Smith, Walter Lloyd, redesignation as presiding justice 229 Snyder, Albert, claim of 131 Index 409 Page Sohmer, William, appointed delegate 222 bill introduced by, vetoed 164 Solomon, Henry, appointment 218 Soper, George A., appointed delegate ; 226 Sparring exhibitions, veto of bill relating to '. 69 Stackman 348 Stanley, Mervin C, bill introduced by, vetoed 165 vacancy in 15th Assembly district caused by death of 13 State Agricultural and Industrial School, appointments 213 State Architect, appointment ■. 207 State Custodial Asylum for Feeble-Minded Women, appointments. 214 State Fair, recommendations concerning 54 exposition building, veto of bill providing for 105 grounds and buildings, bill relating to 194 State Fair Commissioners, appointment 199 State Historian, appointment 207 State hospitals, appropriation, veto of 108 managers and trustees, appointment 208 support and maintenance of patients, veto of bill 161 State institutions, enticing inmates from, veto of bill relating to.. 158 State militia, claims of officers or members for counsel fees 132 State prisons recommendations 38 bill relating to 191 new, appropriation 186 appointment of commission on 199 site approved 312 for women, veto of bill concerning 167 veto of bills amending Revised Statutes 167 State Prisons Commission, appointment 217 appropriations, items not approved 112 State Probation Commission, appointment 199 State Tax Commissioners, appointment 204^ State, see also under distinguishing word Staten Island, cancellation of. tax sale, veto of bill 150 South Side boulevard, veto of bill amending act in relation to. 92 submarine cable, bill relating to appropriation for 194 Statutory consolidation, recommendations in annual message 40 Steckel, Joseph, claim of 131 Steinway, Charles H., appointed delegate 221 Stenographers, fees, veto of bill relating to 157 for grand juries, bill authorizing appointment 193 law, veto of appropriation for . .' 1 16 Stetler, Henry I 262 410 Index Page Stevens, Charles 150 Stevens, Frank W., appointment 205 confirmed 206 Stevens, Frederick C, appointed delegate 226 appointment as Superintendent of Public Works 203 Stevens, J. G., application for concellation of tax sale 150 Stevens, Jim 215 Stewart, John K., appointed delegate 221 Stewart, William Rhinelander, appointed delegate 223 appointment as commissioner 198 Stillwater, veto of appropriation for fishway upon Beaver river... 120 Stone, F. L., death 202 Straus, Nathan, appointed delegate 224 Street railway employees, veto of bills for protection of 168 Street railways, collection of fares, approval of bill 178 Strobel, Daniel F., claim of 131 Strong, Charles H., appointment 201 Submarine cable at quarantine station, see Quarantine station Sugar beets, veto of appropriation for growers of 115 Sullivan, William J., appointment 219 Supervisors, veto of bills relating to 92, 159 Supply bill 192 approved items • 185 items not approved 114 Supreme Court designations 229, 239 Broome county, proceedings concerning Roger P. Clark 232 Erie county, proceedings against Arthur E. Appleyard and Paul Werner 237 justice of seventh judicial district, appointment 220 New York, veto of bill in relation to an Appellate Term in certain boroughs of the city 96 Orleans county, proceedings against Eugene A. Georger 231 Plattsburg, proceedings for violation of Liquor Tax Law 230 title to office, power to bring action to try 25 Surpless, Thomas J., bill introduced by, vetoed 162 Swanstrom, J. Edward, appointment 210 Swasey, Lewis M 204 Swinburne island, bill making appropriation for submarine cable . . 194 Syracuse, Skaneateles & Moravia railroad, veto of bill extending time 142 Talmage, George E 348 Tax Commissioners, appointment 204 Index 41 1 Page Tax Law, amendment of, recommendations concerning 49 veto of bills amending 71, 169 Taxation * amount raised by 19 commission to report on 22 National Conference on, appointment of delegates 224 protection of taxpayers, veto of bill amending act 169 transfer tax, collection 307 veto of bills authorizing cancellation or refund of taxes . . . 138, 149 Taylor, Orville H ; 213 Tenement-House Act, veto of bill amending 74 Thanksgiving proclamation 15 Thomas, George W., appointment 209 Thomas Indian School, appointments 215 veto of appropriation 107 Thompson, Edward B., veto of bill legalizing acts of 153 Thompson, Gustave W., appointment 201 Thompson, James A., bill introduced by, vetoed ." 164 Thompson, John C 150 Thousand Island Park Summer Institute, appropriation, vetoed... 114 Tiffany Employees' Benevolent Association, veto of bill incorpo- rating 169 Tilden, Governor, on Governor's power to remove local officers... 272 Toch, Maximilian, appointment 209 Tolman, William H., appointed delegate 223 Tompkins, Daniel D., referred to 273 Tonawanda State armory, claims relating to 132 Torrens system of registering land titles, appointment of com- mission to investigate 201 Touche, Niven & Co 361 Town boards, veto of bill relating to 159 Town meetings, veto of bill amending act relating to 169 Town obligations, issue of, veto of bill relating to 159 Townsend, Isaac, appointment 198 Tracy, Edwin Havens, appointment 198 Tracy, Ira O., veto of appropriation for 118 Tracy, T. H., appointed delegate 2? r Trading stamps, veto of bill relating to 158 Transfer tax, collection of, letter to Martin H. Glynn respecting... 307 Transportation Corporations Law, veto of bill amending 158 Travis, Mary H, release of lands to, bill vetoed 124 Treadwell, George Curtis, appointment 197 Troy, justices' court, veto of bill changing name of 170 State and county taxes', veto of bill 170 412 Index Page Trust Companies, Commissioners on, letter to 3 1 " veto of bill relating to 155 Trusts, National Conference on, appointment of delegates 224 Truszkowska, Frances, claim of 129 Tully, William J., bill introduced by, vetoed 156 Ulster county, veto of bill for cancellation of tax sale in Harden- burgh patent 150 veto of bill for cancellation of tax sale of lot in Hurley patentee woods 149 Undertaking, discharge of, veto of bill 162 Uniformity of legislation in the United States, appointment of commissions for promotion of 203 United Fellowship of Good Samaritans, veto of bill incorporating.. 170 Utica State Hospital, appointments 211 appropriations, items not approved 108 Van Hoesen, Edmund F., appointed delegate 221 Van Mater, Joseph H., Jr 124 Vanderpoel, see Kelsey investigation Vann, Judge, quoted 302 Vernon, veto of bill concerning highways 61 Veterans, veto of bill relating to retirement of 104 Vetoes of bills relating to : adulterated food, sale of 146 appropriations no attorneys, admission of 140 Big Sandy pond, fishing in ■ 72 Brooklyn College . 147 charitable institutions, appropriations for 106 Code of Civil Procedure, bill amending, relative to the Statute of Limitations 98 Cohoes, bill authorizing city to borrow money 72 Columbia county courthouse 63 Corning, Keuka Lake & Ontario Railway Company, relief of . . 81 counties, investigation of expenditures 87 Court of Claims, bills conferring certain jurisdiction upon.... 125 Davenport, Middleburgh & Durham Railroad Company 67 deeds, commissioner of, legalizing acts of 153 Demers, Sophie, releasng State's interest in real estate in Franklin county to 99 district attorneys, assistant, appointment of 83 Erie county, bill conferring certain jurisdiction upon the board of supervisors 82 Index 413 Vetoes of bills relating to — Continued Page Fehling, Cora, bill releasing interest of State in certain lands to 68 Forest, Fish and Game Law 133 Fulton hospital fund . . . . : 154 Gloyersville hospital fund 154 Great South bay, allotments for oyster planting 141 Hedeman, Mary, pensioning 100 highways, relieving property-owners of cost of improving 61 Holland, Cornelius, bill to reimburse the estate of, for in- heritance tax illegally collected 102 Jones, Robert E., claim of 62 Kings county, fees for register 100 sheriff . . 66 lands, release of 123 Legislative Law 79 Liquor Tax Law 103 Madison county buildings, site of 73 New York city, additional city magistrates and other appoint- ments in the second division of . 85 charter, bills amending 86, 101, 136 claims against 151 claims, bill authorizing board of estimate and apportion- ment to allow certain 101 fire department 150 police department 150 probation officers 148 schools, salaries of supervisors and teaching staff 75 Supreme Court, bill relating to an Appellate Term in cer- tain boroughs of 96 New York county, Court of General Sessions, salaries in. ..73, 80 notaries public, bills legalizing acts of 153 omnibus veto 154 optometry, bill defining and regulating practice 143 policemen, special, appointment of.. 145 Primary Election Law, bill amending 144, 145 property, exempt, publishing list of 71 quarantine station, appropriation for 107 Queens county jail, additional employees 64 railroads, additional brakemen for freight trains 94 extending time for completion of 142 passenger rates 88 Richmond county, deputy sheriffs and constables 97 jailor .' 97 sparring exhibitions 1 69 414 Index Vetoes of bills relating to — Continued Page State Fair, exposition building 105 State hospitals, appropriation for 108 Staten Island, bill amending act in relation to the South Side boulevard : 92 supervisors, compensation of 92 supply bill . ... 114 taxes, bills authorizing cancellation or. refund of 138,. 149 Tenement-House Act , 74 veterans, retirement of 104 warrants issued by police justices of second-class cities 93 Watertown, liability of, for injuries to persons or property... 95 Viadaver, Nathan 291 Viele, Sheldon T., appointment 207 Waddell, William R., bill introduced by, vetoed 167 Wade, Frank E., appointment 199 Wadhams, Albion V., appointment 218 Wadhams, William H., appointment 220 Wadsworth, James W., Jr., designation to act with Forest, Fish and Game Commissioner 238 Wainwright, J. Mayhew, appointed delegate 222 bill introduced by, yetoed 162 Walker, Everett R., application for cancellation of tax safe 149 Walker, William H., conduct of 284 Wall, Maurice M., appointment 214 Wallace, William N., appointment 211 Warburg, Felix M., appointment 199 Warburg, Paul M., appointed delegate 225 Ward, Grace Schenck, resignation 209 Ware, Franklin B., appointment 207 Warjng, Arthur B., appointed delegate 221 Warrants issued by police justices of second-class cities, veto of bill relating to 93 Washburn, J. J., appointed delegate 221 Washington's headquarters, appointments of trustees 217 Water powers, recommendations concerning 37, 49 Water Supply Commission, recommendations in annual message... 38 appointments 204 veto of bill concerning powers 170 Waterbury, Nelson J., Jr., retaxation of claim, veto of bill 165 Waterloo bonds, veto of bill 170 Waters, Robert B., bill introduced by, vetoed 160 Watertown, veto of bill relating to liability of, for injuries to per- sons or property 95 Index 415 Page Watkins, H. A 348 Watkins, John S., claim of : . 131 Wayne county, appointment of county judge 220 Weaver, Edward R., claim of 131 Webb, David L., appointment 219 Weimert, Orson J., bill introduced by, vetoed 155 Weise, William H., charges against, veto of bill relating to 151 Welk, Lydia, veto of bill to legalize marriage of 155 Wells, Frederick D., appointed delegate 222 Wells, I. J 262 Wemple, William W., bill introduced by, vetoed 161 Wendel, Capt. Louis, court-martial 264 Werner, Paul, proceedings against 237 West, Leonidas D., bill introduced by, vetoed 163 West Seneca, sewer system 57, 193 Westchester county, stenographers' fees, veto of bill 157 street railroad employees, veto of bill 168 Western House of Refuge for Women, appointments 213 Weston, T. Winthrop, appointment 201 Wheeler, Lilla C, appointment 215 Wheelock, George Francis, appointment 217 Whipple, James S., appointed delegate 222, 226 Whipple, John D., claim of 131 Whitbeck 347 Whitbeck, Henry, pardoned 29s White, John F., appointment 213 White, William J., appointment 210 White Plains, bill amending charter 191 veto of bill 170 Whitfield, Edwin A., appointment 203 Whitley, James L., bill introduced by, vetoed 157 Whitman, Charles S., appointment ; 220 Whitney, Edward B., appointment 200 declined 201 Whitney, F. G., bills introduced by, vetoed 166, 167 Whitney, G. H., bills introduced by, vetoed 158, 168 Wickser, John G., resignation 199 Wilcox, Ansley, appointed delegate 221 Wilcox, Benjamin M., bills introduced by, vetoed 167, 170 Willard State Hospital, appointment 211 Willcox, William R., appointment 205 confirmed 206 Williams, Andrew, death 202 Williams, Clark, appointment 204 4i 6 Index Page Williams, John, appointment 207 Wills, contested, veto of bill relating to 156 Wilson, H. M., appointed delegate 225 Windholz, Louis, claim of 127 Winters, Byram L., bill introduced by, vetoed 156 resignation as manager 215 Wipf, Henry W., commutation of sentence 296 Witherbee, Frank S., appointed delegate 221, 226 appointment as commissioner 202 Witnesses in insurance investigations and proceedings, veto of bill relating to 158 Wolf, Charles Joseph, appointment 197 Women, employment, bill amending 190 in factories, approval of bill 180 Woodbury, Egburt E., appointed delegate 224 Woodruff, William B 219 Wright, Henry C, charges against John F. Ahearn 267, 275 Wright, John M., death 201 Yonkers, charter, veto of bill amending 171 patrolman in police department, veto of bill concerning 171 release of lands in, bill vetoed 124 Young, William, bills introduced by, vetoed 157, 162