THE GIFT OF .^SI--^-* li^..^O!n^^yi^9dt:t^.. h....±3..533. fi^iJ.|4..s:.. . .. Cornell University Library J87 .N717 1877-1879 Public papers of Lucius Robinson, govern 3 1924 030 431 815 The date< shows when this yi^iame was taken. To renew this book copy the'call No. and give to the hbrarian. "iW HOME USE RULES All Books subject to Recall All borrowers must regis- , ter in the library to borrow books for home use. Ail " books must be re- turned at end of college year for inspection and repairs. F Limited books must be re- turned within the four week limit and not renewed. Students must return all books before leaving town. Officers diould arrange for the return of books wanted during their absence from town. Volumes of periodicals and of paanphlets are held in the library as much as possible. For special pur- poses they are given out for a limited time. Borrowers should not use their library privileges , for the benefit of other persons. Books of special value and gift books, when the giver wishes it. are not allowed to circulate. Readers are asked to re- port all cases of books marked or mutilate4' ^ Do not deface books by marks and writing. 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/cu31924030431815 Public Papers Lucius Robinson, GOVERNOR OP THE State of New York. 1877. ALBANY : THE AROUS COMPANY, PRINTERS, 1877, h.%a^5?>'6 ANNUAL MESSAGE G-OYERNOK STATE OF NEW YORK. TRANSMITTED TO THE LEGISLATURE JANUARY 2, 1877. JEROME B. PARMENTBR, STATE PRINTER. 1877. STATE OF NEW YORK. No. 2. IN SENATE, January 2, 1877. ANNUAL MESSAGE OF THE GOVERNOR. STATE OF NEW YORK: Executive Chambbb, January 2, 1877. To the Legislature : At the commencement of my service as chief magistrate of the State, it is gratifying to find the legislative representatives of the people assembled in their respective chambers and ready to unite with me in such measures as the welfai-e of our constituents may demand. In entering upon our duties it becomes us to acknowl- edge our dependence upon the Supreme Power which controls the destinies of States and nations, and which has so often interposed for our deliverance from danger, and humbly to implore a con- tinuance of its guidance and protection. We ought also at .all times to remember that we are not here to promote our own individual interests. The people have not chosen us and sent us to -their Capitol for any sucli purpose. On the con- trary, they have placed in our hands a great and sacred trust, to be administered for their benefit, and for. the interest and honor of the inhabitants of the whole State, without regard to locality, religious creed or political party. The money which they pay into the pub- 4 ~ Governor's Message. lie treasury is not our money; nor is it the money of the State, except as the people are the State. It still belongs to them until it is paid out by their agents for the legitimate expenses of their government as provided by the Constitution and laws. If a single dollar be otherwise appropriated or paid, it will be a breach of trust for which there can be no justification or excuse. Let us keep these principles constantly before us as we proceed with our respective duties. FINANCES. The accounts of the financial affairs of the State are kept with thirteen different funds, counting the several canal funds ias one. The details of the accounts will be found in the Comptroller's report. The following statement exhibits the financial condition of the State at the close of the fiscal year, as it would be if all the funds were condensed into one : Aggregate balance in the treasury of all the funds, October 1, 1875 $8,126,778 98* Aggregate receipts during the fiscal year ending September 30, 1876 18,623,986 29 Total $26,750,765 27 Deduct payments during the year 17,827,711 49 Balance in the treasury September 30, 1876, $8 ; 923 , 053 78 ' A large proportion of the above balance in the treasury consists of money in the various sinking funds. The amount of receipts into the treasury on account of the General Fund revenue during the year ending September 30, 1876, was $11,646,517 63 The payments, including the deficiency of $733,863.77 on the 1st of October, 1875, and " also $4,640,849, transferred to the Bounty Debt Sinking Fund, were 11,644,982 98 Balance September 30, 1876 $1 , 534 65 Goveenor's Messawe. 5 The balance, althoiigh_smal], is more satisfactory than the large deficits which have almost nniformly appeared for many years past. DEBT. On the 30th of September, 1875, the total funded debt was $28,328,686.40, classified as follows : General Fnnd , . . $3,119,526 40 Contingent 68,000 00 Canal 10,086,660 00 Bounty 15,054,500 00 $28,328,686 40 On the 30th of September, 1876, the total funded debt was $23,315,898.58, classified as follows : General Fund $3,092,238 58 Contingent 5,000 00 Canal 10,081,660 00 Bounty 10,137,000 00 $23,315,898 58 Actual reduction of the debt during the year by cancellation $6,012,787 82 Aggregate amount of debt $23,315,898 58 Deduct money and securities in the sinking funds 14,191,889 50 Total amount of debt after applying sinking funds : $9,124,009 08 The bounty debt will mature on the seventh day of April next. The sinking fund, together with the one-third mill tax, now in course of collection, will be suflicient for its full payment. 6 (jtoveenoe's Message. The balances in the sinking funds on the 30th September, 1876, inclnding money and securities, were as follows : General Fund $2,910,529 36 Canal 2, 121,050 24 Bounty 9,160,309 90 Total $14,191,889 50 It must be observed, however, that the amount in the General Fund Debt Sinking Fund cannot all be applied to the payment of that debt, without leaving a large deficiency of means for paying the current expenses of the government. The full amount required for the payment of the debt was contributed from the surplus revenues of the canals, as directed by the Constitution, the last contribution having been received in 1873. But instead of being applied to that object, it was used to pay other appropriations made by the Legislalature, and not otherwise provided for, and has never been fully restored. The debt therefore remains uncanceled, and, if ever paid, it must to a krge extent be paid by taxation. The whole of it— except $800,000, due in 1878, and $30,443.76, due on demand — is payable at pleasure, and is held by tiie State as an investment for the various trust funds. In this condition it will of course remain, the interest upon it being paid to the respective funds for which it is held, so long as the Legislature may choose to leave it in that shape. It would be more satisfactory, and in better accord with the Constitution, to have the whole debt extinguished, and the money belonging to the trust funds invested in other securities. It is believed that the $800,000 due in 1878 may be paid from the sinking fund without taxation. CANALS. The report of the Auditor of the Canal Department exhibits in detail the operations, revenues, debts and expenses of all the canals. It will be unnecessary to present here any thing more than a few of the leading and important facts. Gtoveknok's Message. 7 The gross umotint of incotne from tolls and other sources for the year ending 30th September, 18Y6, was $1,487,232.89, being $438,662.74 less than in the preceding year. The cost of collec- tion, ordinary repairs and other charges on revennes amounted to $1,149,194.61, being $318,121.34 less than in the preceding year. The Erie canal produced a surplus of revenue over expenses amounting to $508,953.14. The other canals all show small incomes and large deficiencies of revenue as follows : OroBB income. Deficiencies. Champlain $94,944 55 $83,667 51 Oswego 29, 048 35 27, 175 17 Cayuga and Seneca 11, 083 99 14, 312 34 Chemung 2, 104 84 7, 689 87 Chenango 3,717 38 4,602 03 Black Eiver 11,339 28 23,734 85 Genesee Yalley 14,668 50 8,595 60 Crooked Lake 30 48 1,562 41 The year has been one of unprecedented disaster to the boatmen and to all others engaged in the navigation of the canals. In addition to the great depression in every branch of business, there has been an extraordinary competition between the railway lines e^ctending from the Western States to tide-water, which has diverted trade from tlie canals, and notwithstanding the very low rates of toll, there has been a large falling off in tonnage as well as revenues. Many boats have been laid up; others have been run at a heavy loss and none of them appear to have made any prpfits. , The effective measures of reform which have been enforced within the last two years, arresting mismanagement and fraud and reducing expenses, have saved the canals from total ruin. Small as the income is, the expenses liave been reduced below it, and yet the canals have been kept in complete repair during the entire season. Their future success, if they are to have any, must depend upon a faithful perseverance in this policy. 8 Goveenoe's Message. The question of high or low tolls in the present condition and prospects of canal transportation is one about which thei'e would seem to be no ground for any difference of opinion. Under the Constitution, as now amended, no more money can be expended on the canals in any one year than the gross amount of their revenues for the preceding year. It is, therefore, indispensable for the for- warders to pay such tolls as are required to keep the canals in running order ; and no one can reasonably ask them to pay any more, when they are making losses instead of profits on every cargo which they carry. It is true the Constitution requires the canal deTst to be provided for from the surplus canal revenues, but no law can enforce impossibilities. It is to be hoped that the depression in trade will not be of long continuance, and that prosperity may soon return to the canals. It is believed that the railways cannot continue permanently their unreasonable competition without involving themselves in ruin. When such a change shall take place that forwarders can again realize a fair income from their business, they will, of course, be required to pay such tolls as will provide for the canal debt. Until that time it must inevitably be a charge upon the tax-payers of the State. With the usual amount of freight, at fair prices, the present rates of toll will doubtless be sufficient for all purposes, and with continued economy in expenses, they may probably be still further reduced. Since the close of navigation the railway companies have agreed upon an increase of freights ; but the past history of such agreements leaves it uncertain whether this one will be of long duration. It is perhaps unnecessary to add that any expenditui-es, under pi;esent circumstances, for enlargements or extraordinary repairs, should not receive encouragement from any source. Those who have suffered most severely by the loss of business upon the canals are the boatmen, and although it may not be in the power of the Legislature to relieve them, it is impossible to Govebnob's Message. 9 withhold from them our sympathy. The number of their boats is about 6,000. They are in one sense partners of the State. They do the work which produces the revenue to keep the c^als in repair. Their labor is severe, and their exposure great. In many instances their families live upon the boats, in order to reduce their expenses to the lowest point. No part of the plunder which others have received has ever gone to them ; on the contrary, they have suffered from it by paying tolls which have been misapplied. But with all their labor and economy they have been unable during the past season to pay expenses. If any relief can be extended to them in the present depressed condition of trade, it must come from a further saving in the cost of maintaining the canals, and a consequent further reduction in tolls. Even this will not probably be suflBcient to carry them safely through another season of such competition as they have encountered during the last year. THE LATEKAL CANALS. Whether any further appropriations should be made on account of such lateral canals as the Legislature has the right to dispose of, can be best determined after receiving the report of the commis- sioners, appointed by an act of the last session to examine that subject. It will be seen by the results of the year's business given above, that those canals are rapidly disposing of themselves, and have already become of little value, even to the people living near them. I learn from the commissioners that they have made the inspec- tion and examination required by the act appointing them, and will soon be prepared to report. The act fixed their compensation and directed its payment, together with their expenses, but made no appropriation, and they have not been paid. The necessary appro- priation should be made. 10 Goveenoe's Message. state prisons. The State prisons have kept on their way from bad to worse. The number of convicts in the three prisons September 30, 1876, was as follows : Aubm-n 1 ' 281 Clinton 623 Sing Sing 1, 605 Total 3, 5«9 The excess of advances from the treasury over receipts from earnings was $704,379.85. This deficiency is larger by more than $100,000 than was ever before known. It is due to the present Inspectors to state that they claim the increased deficiency to be largely owing to incumbrances which fell upon them from their predecessors. A commission was appointed by an act of the Legislature of 1876 to make a thorough investigation of the affairs of the prisons. The commissioners have been actively engaged in the service dur- ing the whole summer and antumu. Their I'eport will very soon be submitted to the Legislature, and will, I presume, cover the whole ground of prison management, discipline and maintenance. I commend it to the attention of the Legislature without further comment at this time. STATE EBFOEMATOKY AT EL]^IBA. It is gratifying to be able to announce to tlie Legislature that a large portion of the Keformatory building has been finished and brought into use. With a reasdnable appropriation, the entire structure will be' completed within the present year. The board of managers, appointed by chapter 207, Laws of 1876, organized in accordance with the act, and succeeded in securing the services of a very competent and efficient superintendent. Having com- pleted and furnished the south wing, they received 170 convicts from the Auburn and Sing Sing prisons, who were immediately Goveenoe's Message. 11 put at work upoti the north wing, the prison wall and workshops, which have been advanced rapidly towards completion. The super- intendent estimates that with an appropriation of $185,00(^ and with the privilege of using the prisoners without the interference of contractors, he can fully complete and furnish and bring into use all the buildings, including the prison wall, within the year, and support 300 convicts during the progress of the work, and that then, with possibly a small appropriation for maintenance in 1878, the Reformatory will cease to be a burden upon the State treasury. He is confident that it can be made entirely self-sustaining. In 1874, the Governor in his annual message estimated the whole cost of the buildings at $2,000,000. Assuming the above estimate of the superintendent to be correct, they will be completed for a little more than one-half of that sum. Bnt_,for the ambitious style of architecture adopted at the outset, the cost would have been much less than $1,000,000. The design of the Reformatory was the reformation, as well as punishment, of young convicts who had not become hardened in crime. With this object in view it was originally enacted that no convicts should be sentenced to it. except such as were over sixteen and under thirty years of age, and convicted of a first offense. It is a source of much regret to the friends of the institution that it should have been, even temporarily, diverted from its original purpose ; but the crowded condition of the other prisons, and tlie necessity of relieving tRem as far and as speedily as possible, led to the use, for the time being, of the Reformatory for that purpose. The managers will require some further legislation to aid them in the discharge of their duties, and to promote the objects of the institution. Their views and recommendations will in due time be laid before you. CONSTITUTIONAL AMENDMENTS. The people of the State, at the last election, adopted, by an immense majority, the constitutional amendments which had been 12 Governob's Message. approved by two previous Legislatures, and which have thus become a part of the Constitution of the State. Tl^ej provide for the appointment, by the Governor and Senate, of a Siaperintendent of State Prisons, with all the powers of the Board of Inspectors, and a Superintendent of Public Works, with all the powers of the Canal Commissioners. A radical change is thus made in the manage- ment bqth of the prisons and of the canals. In each case all power and responsibility are placed in the hands of one controlling execu- tive officer. Wearied with the frauds, the wasteful and extravagant expendi- tures which so often attend the management of irresponsible boards, the people have determined to make this great change, with the hope of better results. They undoubtedly desire that the amend- ments be carried into gffect as speedily as possible. I recommend, therefore, that an act be passed with as little delay as may be proper, fixing the salaries of the respective Superintendents, and also the amount of security to be given by each. A brief act containing these simple provisions will be all that will be necessary before appointing the Superintendents, and enabling them to enter upon their important duties. If further legislation should then be found desirable, either in regard to the canals or the prisons, it could be perfected at the convenience of the Legislature, and with ample time for deliberation. PUBLIC BUILDINGS.. One phase of the extravagance and folly, amounting almost to lunacy, caused by an inflated currency and inflated modes of life, developed itself in a passion for costly public buildings. Of these the New Capitol takes the lead. Its cost was originally estimated at $4,500,000. There have already been expended upon it over $7,500,000, and it will undoubtedly require as much more to com- plete it ; and when completed it will be a vast pile of ornamental stone work, not at all in keeping with the tastes and' good sense of plain, substantial people. In addition to this, it is discouraging to Goveenob's Message. 13 contemplate its completion in view of the enormous annual cost of heating, lighting, cleaning and superintending it. Following in the wake of the Capitol are several insane asy],ums, the State Reformatory, houses for normal schools, high schools and other buildings upon which millions of the people's money have been wasted in useless ornaments and luxurious arrangements. In behalf of those which are not yet completed — embracing nearly all of the most costly etructures — the usual representation is made that unless we go forward and spend the further amounts required for their completion, we shall lose all that we have expended. Whatever force there may be in this argument, I confess that in the present condition of financial aflairs, the actual distress caused in many homes by the payment of their heavy taxes, 1 should prefer to have the expenditures cease, the tax-payers relieved and the buildings left as they are, at least until the advent of better times. Fully responding to the demands of humanity in behalf of the unfortunate poor, I cannot see the propriety or the justice of reducing a large body of tax-payers to pauperism for the pur- pose of building gorgeous palaces in which other paupers are to be supported at the public expense. STATE BOAED OF HEALTH. Several medical gentlemen of great eminence in their profession have asked my attention to the subject of a State board of health. They believe that such an institution would render essential service in the prevention of sickness and the preservation of life and health. They claim that, in almost every case where local epidemics have prevailed with a severity and fatality which seemed mysterious, their origin can be traced to some neglect of sanitary precautions or to, some cause which a properly organized board of health would have discovered and removed. Important as this subject is, it has been impossible for me to find time for such an examination of it as would justify' any specific recommendations. I can only ask your careful consideration of it. I do this the more willingly 14 Govebnoe's Mebsage. because I am assured that it is not intended that any expense shall be incurred by the State beyond a moderate salary for the secretary of the proposed board. OOMMISSIONBKS OF EMIGRATION. The condition of the affairs of the Commission of Emigration is embarrassing, and demands prompt consideration. The commis- sion is charged with the duty of watching over all emigrants landed in the city of Xew York, on their arrival ; and, in the cases of any who fall into distress, for some years afterwards. Heretofore, nnder authority of the laws of this State, bonds have been required with conditions to indemnify the cities, counties and towns of the State against these passengers becoming a public charge upon them. The practice has been to accept, in lieu of the bond, a certain sum in cash from each passenger, which money con- stituted the revenue or fund of the commission, out of which it has reimbursed the several counties for any expenditures made in suppoi't of distressed emigrants within the period named. This revenue is now entirely cut off by a decision of the Supreme Court of the United States, declaring all such laws unconstitutional. The decision was rendered on the 21st of March, 1876, since which date no commutations have been paid nor, bonds given. Out of the moneys heretofore collected by the Commissioners of Emigration, as agents of the State, the public faith is pledged to provide for all emigrants — in behalf of whom contributions to the fund were made — who may need assistance within five years from the date of their arrival. There are 120 acres of land on Ward's island upon which were erected hospitals, a refuge, an asylum for insane persons and other buildings, for the use of the commission. The lands were bought and the buildings erected out of the commutation moneys. The title to the property is in the State. The commission estimate its value at $2,000,000. It is subject to a mortgage of $200,000. Goveenob's Message. 15 The Legislature last year, ©n the recommendation of the Gov- ernor, appropriated $200,000 toward the current expenses from May 1, 1876, to May 1, 1877. Of this there had been expended, up to the third of November last, $109,000. I learn by a communication from the president of the commis- sion, dated December 13, 1876, that the number of passengers from foreign ports landed at New York from January 1, 1876, to the above mentioned date, was 109,692. That of these the num- ber which came undei' the immediate care of the board was 72,326. The number admitted during the same period to the refuge and hospital was 3,953, of which number 687 remained in the institu- tions — 331 being sick in the hospital, 141 insane in the lunatic asylum, 162 crippled or otherwise disabled in the refuge, and fifty- three children in the nursery. It seems necessary that some provision be made by which the public faith may be kept with the emigrants — at least until the relief which is sought through a bill pending in Congress is obtained. The importance of the question as to how we are to deal with emigrants is shown by the fact that out of a little more than 8,000,000 reported as arriving since May, 1847, nearly 6,000,000 were landed at New York. Further details will be found in the annual report of the commission. SAVINGS BANKS. Recent disasters among our savings banks admonish us of the necessity of rigid restraints against mismanagement. These insti- tutions are created for a special purpose, to wit, to take charge of small savings; the savings of those who handle little money, are inexperienced in investments, and to whom the loss, of any part of their limited capital is a serious calamity. Every thing practicable should be done toward absolute security, and the money deposited by this class of persons should never be mixed up with that of others who :handle large sums, and are. capable of faking care of. it 16 Goviild be put xipon the accumulation 18 Govebnoe's Message. of a surplus fund. Such a fund had better be too large than too small. It seems to me that the limit of ten per cent is, at all events, much too low. These suggestions are respectfully submit- ted to your consideration. The purpose I have in view is, that this class of institutions, so valuable to the welfare of the great mass of the community, shall be rigidly confined to the duty for which they were created. They are semi-charitable in their natnre, and their aid should not be given to nor their benefits shared by those who need no help. COMMON SCHOOL STATISTICS FOE THE TEAE ENDING 8EPTEMBEE 30, 1876. Total receipts, including balance on hand Sep- tember 30, 1875 $12,643,969 59 Total expenditures 11 ,410,288 71 Amount paid for teachers' wages 7^949,085 17 Amount paid for school-houses, repairs, furni- ture, etc 1,779,124 19 Estimated value of school-houses and sites 31,817,904 00 Number of school-houses 11 , 571 Number of school districts, exclusive of cities. . 11,027 Number of teachers employed for the legal term of school 19,341 Number of teachers employed duiing any por- tion of the year 30,209 Number of children attending public schools. . . 1,067,199 Number of persons attending normal schools. . . 6,391 Number of children of school age in private schools 134,404 Number of volumes in school district libraries. . 804,802 Number of persons in the State between the ages of five and twenty-one years 1,585,601 The foregoing statements should attract attention. Previous tc the year 1856, the State appropriated $800,000 per year for the snpport of the common schools. The act of 1856 changed the practice by levying a three-quarter mill tax, which produced a Goveenoe's Message. 19 little over $1,000,000 per year, until 186T, when the rate was raised to one and one-quarter mills, which produced over $2^000,000, and in consequence of the recent exti-aordinary increase of valuations, it now produces over $3,000,000, and for the next fiscal year it will be probably $3,600,000. Adding to this the amount raised by local taxation, for the same object, we have a grand total of over $12,000,000. • The amount paid for teachers' wages during the past year was $7, 949,085.17. The whole number of children attending public schools was 1,067,199. The number attending normal schools, 6,391. The. number of children of school age in private schools, 134,404. If to all these we add the numbers of those who are instructed at home by private tutors, in academies, colleges and . other institutions, not reported, some idea may. be formed of the immense amount of money drawn from the people of_ the State, voluntarily or by taxation, for school purposes. Without intend- ing to intimate the least suspicion that any part of this large amount is unwisely pr improperly expended, the subject, is of such magnitude as to be worthy of careful examination and scrutiny. The question whether the State can educate all the children within its limits better than they can be educated in schools organ- ized, conducted and paid for by the parents of the children them- selves, has been decided in favor of the State, which is now conducting the experiment on a very large and expensive scale. It is of the utmost importance that the experiment should be successful, and that it should be so conducted as to merit the con- fidence and support of the entire community. To this end, if there are any errors in the mode of conducting it, they should be corrected before they lead to evils which it may be diflScult, if not impossible, to remedy. The only ground upon which citizens who have no children can justly be compelled to pay taxes for the education of the child- ren of others is, that it is necessary for the safety of the whole 20 Governor's Mkssagb. people, under our form of government. Our institutions, by their very theory, carry with them the assumption of a certain grade of intelh'gence among the citizens. It seems, therefore, to be the duty ot a State to see to it that each and every citizen, so far as practic- able, shall be educated to such a degree as will enable him to read and understand the laws, the Constitution, and the ballot that he votes on election day. The schools in which education is given to this extent always carry their line of instruction far enough to embrace all the branches usually taught in our common schools. It seems to me to be a clear violation of personal rights for the State to go beyond this and levy taxes to support free academies, high schools and colleges, in which the higher branches of literature and science are taught, and young men prepared for the learned professions. This. should be left to individual effort, from which better results always come than from any amount of donations from the State. It should also be remembered that the expenditure of such large amounts of public money has almost invariably led to great abuses, and there is no security against the same tendency in educational management. The expenditures for school-houses, repairs and furniture, during the last ten years, have amounted to $19,569,109.97. It is, perhaps, well to inquire whether this large amount has been wisely expended, in the construction of plain, substantial and comfortable school-houses, or whether it has been, to any extent, handled by fraudulent contractors, or devoted to tlie construction of costly and ornamental buildings for the benefit, possibly, of the owners of adjoining property. I would also suggest an inquiry as to whether the normal schools are really worth to the system what they cost. I am informed that a very large portion of the pupils instructed in them never follow the profession of teaching for any length of time. There ought, also, to be found some remedy for the great abuse and expense arising from the number of new school books, and the Governor's Message. 21 frequent changes made, for no good purpose but simply to benefit the publishers and agents. It is undoubtedly true that induce- ments are frequently offered to school authorities and teacl^f rs,to aid in the work of changing books and selling new ones. It would be strange if these temptations were always resisted. It seems to hie proper that the Legislature should fix some limit to this evi'l. Finally, I would recommend a return to the former system of making an appropriation of -a specific sum in each year from the State treasury for the benefit of the common schools, and put into the tax levy a rate sufficient to cover the amount — $2,500,000 at the utmost ought to be, and will be, amply sufficient, i!:' proper care is taken in the use of it. These suggestions are made in a spirit of sincere friendship to our common school system, to the end that it may not be exposed to any just objection ; that its administration may be characterized by a wise economy, and by a degree of purity which shall place it above suspicion, and keep it in the future as it now is, strongly intrenched in tlie confidence of the people. COLLEGES AND ACADEMIES. The annual report of the R^ents of the University, soon to be communicated to the Legislature, will fully exhibit the condition of the colleges and academies of' the State. Notwithstanding the stringency of the times the aggregate attendance in the colleges is somewhat greater, and but little less in the academies, than during former years. Some institutions of either class are adequately endowed, and others are making vigorous efforts to secure such an amount of productive funds as will place them on a secure financial THE STATE LIBEAEY AND MDSEUM OF NATURAL HISTORY. The Regents of the University, as trustees of the State Library and State Museum of Natural History, will report their condition, in detail, at an early day. Valuable additions to both have been made during the past year, the library having increased to more 22 G-oveenor's Message. than 100,000 volumes. In the departments of law and American history, it is unsurpassed by any other State library of the Union. THE NATIONAL GUARD. From the report of the Adjutant-General, as well as from my own limited observation, I learn that the condition of the National Guard 'is entirely satisfactory. The appropriations made for its support and improvement liave been carefully and judiciously expended. The organization, spirit and discipline of the officers and men were never better. The improvements in rifle prac- tice, to which special attention has been given during the past year, have been of a very gratifying character, and will be con- tinued. At a comparatively small annual cost the National Guard is kept in such a condition of organization and discipline as to con- stitute a nucleus around which a large force could, if necessary, be gathered and made effective in a very short time. At the present time the National Guard consists of eight divi- sions, eighteen brigades, one regiment and eleven separate troops of cavalry ; one battalion and eleven separate batteries of artillery ; twenty-five regiments, twelve battalions and eighteen separate companies of infantry — in all comprising 1,546 commissioned officers and 19,878 non-commissioned officers, musicians and privates, making an aggregate force of 21,424, showing an increase of 2,011 over the aggregate of last year. REDUCTION OF TAXES. In 1873 the State tax was $14,800,903 38 In 1874 the State tax was 15,727,482 OS In 1875 the State tax was 14,206, 680 61 In 1876 the State tax was 8,529,174 32 The large reduction of taxes for State purposes. Shown by the above statement, is due in some measure to the reduced amount required for the bounty debt, but mainly to the stopping of expen- ditures for new works and extraordinary repairs upon the canals Goveenoe's Message. 23 and to the other reforms and economies which have been inaugu- rated and enforced during the last two years. By a rigid adherence to this policy the taxes may be still further reduced during the present year. Unless the people permit a renewal of the wasteful expenditures of former years, they will hereafter have no cause to complain of the amount of State taxes. The load which oppresses them most heavily will be found at their own doors in their town, coimty and city taxes. When they have the courage to look these in the fa«3e, and insist upon their reduction within reasonable limits, they will obtain the full measure of relief to which they are entitled. The rate of taxation for the current fiscal year was fixed by the Legislature at its last session at three and eleven-twenty-fourths mills. For the next fiscal year it is estimated that two and three- quarter mills will be suflScient. But this estimate is based upon the assumption that the Legislature will decline to make appro- priations which are not required for the legitimate expenses of government. INCEEASED VALUATIONS. The State Assessors inform me that there will be a very large increase in the valuations, especially in the agricultural districts, carrying the total valuations for the whole State up to the probable amount of about $2,800,000,000. This extraordinary increase is of doubtful propriety. It seems to be an effort to follow upward the unnatural prices caused by the currency inflation, at a time when the inflation has produced its inevitable disasters, and when prices are rapidly falling nearer to actual values. The effect of the increase is to render it uncertain what amount any specified rate will pro- duce. Instead, therefore, of levying speciflc rates for particular objects, which may produce too much or too little, it would be bet- ter to appropriate the amounts required and flx a rate suflacient to cover them, so that, if there be a surplus, it shall remain in the treasury. 24 Gtovkenoe's Message. The efforts of the assessors should be not so much to increase valuations as to produce a just and equitable distribution of the burdens of taxation among the people. When this point is gained it is of little importance whether tiie valuations are above or below what are called actual values. For many obvious reasons it would be better that they sliould be below rather than above. The true value of property is rarely known. It is not a matter of fact, but of opinion. Hence it is always estimated and the tendency usually is to estimate too high. EXEMPTING CHUECHES, ETC. It is proper to refer in this connection to propositions which are sometimes made to increase the valuation by changing the policy which has always prevailed in this State of exempting ciiurches, schools and hospitals from taxation. I cannot too strongly express my disapproval of any such change. Our people of all classes and all creeds have surrounded themselves with these institutions of civilization which are foremost in the influences that diminish the expense of government by lessening the infractions of law. They should not be discouraged by the imposition of burdens from wliich they have hitherto been exempt. SUEPLUS OF THE BANKS. Taxing the whole surplus of the banks in addition to their capi- tal is neither equal justice nor sound policy. Besides compelling them .to pay more than their fair proportion, it induces them to divide their surplus among the stockholders, thereby diminishing the security which it gives to the public so long as it is held by the banks. In times like the present the exigencies of every day may diminish both Surplus and security. The subject is submitted to your careful consideration and wise discretion. LEGISLATION IN APPEOPEIATION BILLS. A very objectionable practice has grown up of inserting general legislation in appropriation bills. The effect of it is to conceal Governor's Message. 25 legislative provisions in places where they ought not to be and where the public generally do not think of looking for them. It also puts it beyond the power of the Governor to withhold his approval from such provisions unless he vetoes the whole appro- priation bill in which they are contained. I trust that the practice will be discontinued altogether, and that the question may not be presented as to whether such provisions shall become law or whether the appropriation bills containing them shall be returned disapproved. THE STATE SURVEY. Several instances of the pernicious mode of legislating above referred to will be found in the "supply bill" passed at the last session. The most conspicuous among them is the provision for instituting and organizing "an accurate trigonometric and topo- graphical survey of the State." Without any application by the people, with no appreciable evil to remedy, with no practical inconvenience in the experience of a hundred years, and at a period of great pecuniary embarrassment, a plan is enacted in an appro- priation bill for embarking the State, against the wishes of its people, in a work which promises to run through half a century, and to cost an unlimited amount of money. The mode and the matter of the enactment are alike objectionable, and I recommend the prompt repeal of that portion of the supply bill. THE CURRENCY. The vast agricultural, manufacturing, commercial and financial interests of the State make a sound and stable currency a matter of the highest importance. It is, however, of little use to enter into any extended discussion of the subject here. The country has been deluged with essays in regard to it, and all intelligent readers have as much information as they can hope for from such sources. So far as legislation can produce any effect, it must be looked for in Congress; the State is, of course, powerless in that direction. 26 Gtoveenoe's Message. Fifteen years ago, wise action in the national legislature would have saved the country from the universal collapse which has fallen upon all business pursuits. At that time the whole amount of currency in circulation in the United States was estimated at between two and three hundred millions of dollars. Within four years from that time, the amount was carried up to nearly eight hundred millions, and has hitherto been kept up to over seven hundred millions. The result is the same as has always been produced by similar experiments, ever since a circulating medium has been known and used in the commercial world. There was a rapid rise of prices, wild speculations, all branches of business unduly stimulated, over-trading, luxurious habits of living, general demoralization, followed by the inevitable revulsions, wide-spread bankruptcy, suspension of industries, and multitudes of people deprived of employment and of the means of supporting life. Whilst we can only look to Congress for any legislative measures of relief from this state of things, it is quite evident that very little can be hoped for in that way. Substantial relief will only be obtained by a correction of the bad habits into which we have been lejd ; by a return, if need be, to the simplest industries, to a reduc- tion of all unnecessary expenditures, and a rigid economy, both in public and in private life. EAILBOAD KEPOETS. Oorfiplaints are frequent among persons interested, both stock- holders and bondholders, that the reports now rendered by railroad companies, including those operating street roads, are not in such form as to afford a clear and satisfactory view of their condition. These corporations being creatures of the State, endowed with great privileges, it is right that we should require from time to time, from each one of them, a full and clear exposition of its situa- "tion. Companies whose affairs are in a good condition will have no objection to this being made known, and it is due to the people Goveenoe's Message. 37 that if any are unsound their condition should be exposed as promptly as may be. Concealment of such a state of facts from all but a few principal managers will oftea enable those who are most to blame for waste and loss to shift the burden thereof upon the shoulders of innocent persons. A memorial has been sent to me, addressed to you and to the Legislatures of all the New England States, recommending a certain form of returns, which has been agreed upon, after consul- tation witli some prominent railroad companies, in a conference of the commissioners of those States, and the State Engineer and Deputy State Engineer of this State. The memorial is signed by "all these parties. One object in view is that the returns shall be of one and the same form in all the States, with the hope, no doubt, that this uniformity will be extended to those of the whole country. It is obvious that where the line of a railroad extends into two States, as is frequently the case, it must be more or less inconvenient to the company to make up its statements in two different forms, and that, moreover, there will be advantages to the public in having these returns uniform. I suggest to you an amendment of the general railroad law, giving to the State Engineer the power to prescribe the form of the returns — the same power that is vested in the railroad commis- sioners in Massachusetts — and such other power pertaining in that State to railroad commissioners as may be necessary to insure and enforce a proper exposition of the actual condition of these com- , panics. You will be able to judge of this matter better after an examination of the memorial, and the papers accompanying it, wliich I shall causa to be sent to yoii. The form upon which the memorialists agreed will be found in the possession of the State Engineer. INSECUEITT OF PLACES OF PUBLIC RESOET. The recent calamity at the Brooklyn Tlieatre, said to be une- qualed in horror by any like event heretofore, calls our attention 28 Governor's Message. most forcibly to the duty of providing by law, and by the severest penalties, against such disasters in the future. Those who seek to make money by gathering ,the people in crowds into their build- ings, are bound to take every precaution to insure their absolute safety. The Legislature should enact regulations for all such build- ings, so as to provide for the prompt suppression of fire and rapid egress for the crowd in ease of alarm. In fact, the provision for safety and for exit should be so complete and so manifest that panics would not occur. The danger is not limited to theatres and places of public amuse- ment ; rooms used for lectures or for public meetings, our large school-houses and even churches are, for the most part, so con-' structed that in case of panic a large number of the crowd within is likely to be fatally injured in the fierce, natural struggle to escape. The buildings owned by the public are as faulty as those used for private purposes. We are familiar with one or more fatal disas- ters among the children who, in cities, are crowded into four-story school-houses. Attention should also be given to the security of passengers in cases of fire upon steamboats and railway trains. Nothing more than this brief allusion to the topic can be neces- sary. Even without it, I am confident that you would promptly have given your attention to the subject. MUNICIPAL REFORM. The report of the commission, appointed by ray predecessor, to consider the subject of the government of cities, has not yet been received. I hope that I shall be enabled to present it to you earlv in your present session. In some respects the government of the city of New York is in almost a chaotic condition; appropriations of money are regulated, not by the Common Council but by a board of four persons, of whom only one is chosen by the people. The dis- tribution of administrative and legislative powers is imperfect and uncertain. An out-going mayor has power to appoint, in some cases Governor's Messagk. 29 subordinate administrative oflScers for a term exceeding that of the incoming mayor. Of the enormous debt resting upon the city, as I learn from one of the commissioners, the amount of $85,000,000 has been created by direct action of the State Legis- lature, without being asked for or approved by the common council of the city or the board of supervisoi's of the county, or by its tax-payers or its people. There ai'e twenty-one of these objectionable laws still in force, under which the full amount of debt authorized by them has not, as yet, been contracted. It would be well to examine into this matter at once, for the pur- pose of repealing such of these acts as, in your judgment, should ■not be left in force. In some of the acts the amount of indebted- ness has no limit, but it is provided that, on the simple requisition of a subordinate administrative department, bonds of the city may be issued, provided that they do not exceed a certain sum per annum. The number of years during which the acts may continue to apply is not defined. The laws referred to are, in many instances, imperative, requiring the debt to be contracted. The evil practice of commanding the creation of debt, for local purposes, by local governments, is not confined to laws relating- to the city of New York alone. Upon our statute book will be found many acts "authorizing and requiring" boards of supervisors, trustees of villages and the like, not only to levy extraordinary local taxes, for purely local purposes, but to incur indebtedness for such purposes. The duty of the Legislature in such matters is properly defined in article 8, section 9, of the Constitution, which says : " It shall be the duty of the Legislature to provide for the organization of cities and incoi-porated villages, and to restrict tJieir power of 'taxation, contracting debts," etc. Whenever the Legisla- ture undei'takes to impose on a neighborhood local taxes or local indebtedness for local purposes, it assumes to have a knowledge of the case which none can have except those who live in the neigh- borhood affected. It undertakes to discharge the functions of 30 Governor's Message. village trustees, town officers, city aldermen or supervisors ot counties ; for which functions the men selected especially for these places are better fitted. Whatever evils may occasionally appear in local, government should be remedied by the people at home, upon whom the responsibility should rest. COEEUrT USE OF MONEY IN ELECTIONS. The Constitution and laws of this State contain many very stringent and excellent provisions for securing the purity of the ballot box and preventing the corrupt use of money, in elections. The penalties which they inflict upon those criminals who violate them are very severe. It is, however, apparent that in every impoi'tant election the laws upon this subject are grossly violated or evaded. I recommend a thorough re-examination and revision of them with a view of rendering convictions rnore certain and with additional and severer penalties. So vitally important is the preservation of the purity of elections to the permanent existence of our form of go^^ernment, that in my opinion any man who buys or sells a vote should be forever thereafter disfranchised and sub- jected to such other penalties as will be most likely to prevent the commission of the' crime. BETTING UPON ELECTIONS. Another gigantic evil, closely allied to the corrupt use of money, is the practice of betting upon the results of elections. This prac- tice has always existed to some extent ; but it, and the evils result- ing from it, have recently been developed to an alarming extent. It is unquestionably true that many millions of dollars were staked upon the result of the late election. Every person interested in such bets had a strong motive for corrupting and bribing voters, and there is no doubt that many yielded to the temptation. The heat and excitement of the contest were also greatly intensified by the same cause. I recommend the enactment of a law, with sevei-e penalties, entirely prohibiting all bets, direct or indirect, upon the result of any election. Governor's Message. 81 national affaik8. The recent presidential election threatens to prove an epoch of solemn portent in our history. For the first time in the twenty- two.elections which have been held for President and Vice-Presi- dent of the TJnited States, ttte result remains a subject of contro- versy after the canvass of the votes within the States has been made and announced. • The two houses of Congress have been hereto- fore repeatedly required to pass upon the authenticity and validity of electoral votes, but in no former instance has the election turned upon the questionable notes. In every former case the result has been determined by electoral votes which were not in controversy. In the present instance one candidate for President and one candi- date for Vice-President have received 184 undisputed electoral votes, as well as a popular majority exceeding a quarter of a million. Another candidate for President and another candidate for Vice- President have received 165 undisputed electoral votes. All the votes of three States — four in Florida, eight in Louisiana and seven in South Carolina — making nineteen in all,, are still in dis- pute ; also one of the three votes of Oregon. In all tliese cases two sets of returns have been " transmitted to the seat of govern- ment, directed to the President of the Senate," to await the action of the two houses of Congress whose duty it is to verify, ascertain and count the electoral votes. In a situation involving such momentous results as the chief magistracy of this republic, all the baser as well as the better forces of society are naturally embattled to secure the prize. It is in such crises of history that the controlling force of cardinal principles is liable to be weakened, dangerous concessions to be made, perilous precedents established, sacred traditions violated, and the most important bulwarks of constitutional freedom rendered less secure. In Louisiana we have spen a State government imposed on the people by the military force of the federal executive, under color ofapretended orderof a federal judge, which order in itself was void, 32 Goveknok's Mkssagk. and which led to the resignation of the judge who made it, to escape mpeachment. We have seen the government thus imposed by mili- tary force condemned as illegal and a mere usurpation, by both houses, of Congress, and the electoral votes given under its auspices- rejected in the counting of the presWential votes in 1873 by the concnrrent judgment of the same tribunal. We have seen the government so imposed create "a returning board" practically vested with absolute power to revise and, if they please, to reverse the I'esults of the election by the people of the State, and thus organize a political mechanism under which an oligarchy in tempo- rary possession of the legislative power of a State might perpetuate their ascendency indefinitely. I pause here in this statement to interpose, in behalf of the people of this great commonwealth, a solemn denial of the power of any State government or of the federal government to vest such powers as are claimed by the Louisiana returning board in any can- vassing board whatever. In the fii'st place, such powers in respect to the choice of presi- dential electors are not warranted by, but are repugnant to the Constitution ot the United States. The provision of section 1 of article 2 of that instrument, " that each State shall appoint, in such manner as the Legislature thereof may direct, its presidential electors," does not confer on the Legislature of a State an unlim- ited power over the subject. No one will pretend that a tempo- rary majority "in the Legislature of a State could grant to an individual or to a set of individuals, the power to appoint presi- dential electors; that it could make this grant for a period of years, indefinitely, or to his or their heirs or assigns. What it cannot do in -form it cannot do in substance; what it cannot do directly it cannot do indirectly. The choice which a Legislature is authorized to make for a State, in the mode of appointing presidential electors, is limited to a mere selection between certain known forms of action, recognized in the practice Govbenoe's Mbssagk. 33 of popular government, and consistent with the nature of popular government. It is a choice of modes, but must not change or destroy the essential character of the thing itself. It is subject to the con- dition that " the State shall appoint " the presidential electors. The State, that is, the political community known in our jurisprudence and constitutional law by that name, must " appoint," and in doing so it must act by and through its known and rightful organs. At the time this provision of the federal Constitution was adopted, it was contemplated that the Legislature of a State possessing all the govermental powers not withdrawn by the provisions of the State Constitution, or transferred to the government of the Union, might itself choose the electors. And, indeed, that was the mode at first generally practiced by the States. The State Legislature at that time was regarded as the most natural and the legitimate organ of the State. The power to choose presidential electors niight properly be conferred upon the people of the State by a general ticket, the voters throughout the State choosing all the electors ; or they might be chosen by the people of the State voting in districts, each district choosing one elector. These were methods consonant with the principles of our system of govern- ment, and by either of which it could be properly said that the State did, in fact, " appoint " the electors. It is historically certain that these different modes were in the contemplation of the convention which formed the Constitution. Experiencing some diflSculty, however, in imposing this duty upon all the States by any one nniform system, it devolved upon the Legislatures of each State the authority to choose from among these methods, one for the exercise of that power which is granted in declaring that " each State shall appoint." While the Legislature of a State may provide that presidential electors shall be appointed by an election of the people, it cannot provide that that election shall not be a reality ; that it shall be a sham, and that the actual power of determining the choice shall be 34 Govebnok's Message. invested in a packed committee, whether it be called a " returning board," or by any other name. Neither can it invest a board of canvassers with indefinite or with arbitrary powers, nor with any authority which, by the prin- ciples and practice of our jurisprudence, and the policy of our elective system are i!ot fairly incident to the function of ascertain- ing the vote of the people. This seems to me to be the obvious, the wise interpretation of the Constitution of the United States and of its laws. Any other doctrine will open the way to abuses, frauds .and usurpations, which must end in destroying popular elections. The moment we depart from a strict con- struction of grants of power in derogation of the integrity and efficiency of the elective system, we shall be able to find no rule that will protect the rights of the people. We shall tempt tran- sient majorities to seek to prolong their power by tampering with the machinery of elections, and the easiest, most convenient and most eff'ectual method for such a purpose is by the contrivance of returning boards, which shall be packed and equipped with powers hitherto unknown to our laws and practically subversive of the will of the people. In the particular case of Louisiana, other equally grave ille- galities are believed to exist. The powers vested in the returning board are inconsistent with the provision in the Constitution of that State which guarantees the elective franchise to voters, and also with the provision which confers the judicial power upon the courts. It is probable that the powers of this board, by the law of Louisiana, do not apply to presidential electors ; that the board itself was not constituted in accordance with the law under which 'it was created; and finally, that a condition, without which the ^returning board could not get. jurisdiction in the cases where it assumed to reject votes of whole districts, was not complied with- There is every reason to believe that the authority exercised by that returning board is void, as repugnant to the Constitution of Govkenoe's Message. 35 the United States, and also to tlie Constitution and laws of Louisiana. In this state of the law, that retnrning board, according to pub- lic statements of conceded facts, by manipulations of the returns, have changed a majority for one set of presidential electors of about 9,000 to a raaiority for another set of about 4,000, which would be equivalent to a change of over 80,00()»votes in the State oflSTew York. In Florida we have seen a board of State canvassers, -solemnly adjudged by the highest court in the . State to possess none but ministerial powers, assume the autliority to reverse the choice of electors as shown on the face of the returns made by the officers who conducted the elections and received the votes ; and to do this in open disobedience and contempt of the judicial tribunal having jurisdiction in such matters, and vested with the right of final, judgment. In South Carolina we have seen the board of State canvassers fabricating a canvass in like disobedience and contempt of the Supreme Court having jurisdiction and the right of final judg- ment ; we have seen federal soldiery take possession of the capitol of the State, and a corporal at the door determining who were the elect of the people and who were to be permitted to represent them as legislators. Notwithstanding some of these acts have been dis- avowed by the federal executive, no mark of disapprobation has been put upon the authors of the outrages ; the officer in command goes still unrebuked, and when the returning board were com- mitted to prison for contempt, by tiie highest court in the State, a jiidge of the United States District. Court is sent down to South Carolina, and, without jurisdiction in the case, grants a writ of habeas corpus, and discharges the ofienders. These proceedings are the more extraordinary and alarming wlien we consider that such violations of law and right have been resorted to ,to over- turn elections, all the officers conducting which, were of the same 36 Governor's Message. political party with the candidates in whose favor these acts have been committed ; that the elections were held under the surveil- lance of troops of the United States, without any constitutional warrant for their presence, and that the judicial decisions thus set at naught cannot be suspected of any partisan bias, for they were rendered both in Florida and South Carolina by judges all of whom were of the same political party with the returning board. These interferences of the military power have been committed in flagrant violation of the Constitution and laws. They were not provoked by domestic violence ; they were not invited in the only way that would have made them constitutional, by the Legisla- ture of the State ; and they were continued after the election was over and during all the subsequent proceedings of the canvassing board. Their tendency was to overawe the voters under the pretense of keeping the peace, though by measures in themselves unlawful, and to deliver dishonest officials frorh the natural sense of responsibility and the natural timidity in regard to the conse- quences of their acts, which are providential limitations to men's conceptions of the crimes upon which they may venture. While these things were going on in the South a member of the Cabinet at Washington was acting as chairman of a partisan national committee, and with the co-operation of some of his col- leagues in the Cabinet, counseling and systematically stimulating these desperate measures. The result which these proceedings seem designed to accomplish cannot be secured without one farther step in the processes of usur- pation. The fabrication of electoral votes amounts to nothing unless they can be counted by the tribunal whose constitutional duty it is to verify and authenticate them. That inexorable necessity has given birth to a new device for counting the votes, not only unknown to the Constitution but in conflict with the construction hitherto always accepted, and with the invariable practice and precedents. That device is for the President of the Senate to usurp the power Goveenoe's Message. 37 of determining what votes shall be counted and what shall not be counted, and to exercise that power in disregard of the orders of the two houses. It would not be credible that SO monstrous a claim as this could be seriously asserted if leading Senators had not publicly avowed it. Nothing could be more abhorrent to the spirit of our system of government than such a one-man power. The President of the Senate is elected, by the Senators, and they in turn are elected by the State legislators. He is, therefore, three removes from the people. If such a power were to have been vested in a single man, a depos- itory would have been chosen not so far removed from popular accountability. But the people of this country will never vest such a power in "any one man, however selected. They will never consent to a new construction of the Constitution and laws that bears such fruit. They will stand firmly in the ancient ways, and insist that the electoral votes in this emer- gency shall be counted as they have always been counted, by the two houses of Congress, and by nobody else. They will look with just suspicion upon the purposes of any who would propose to depart from the precedents which have been hallowed by time, and the uniform practice of the republic from its foundation. The Constitution of the United States confers upon the Presi- dent of the Senate no power whatever in respect to the counting of the electoral votes, except " in presence of the Senate and House of Hepresentatives," to " open " all the certificates which may be transmitted by the colleges to the seat of government, directed to him. The Constitution confers upon the President of the Senate no power to determine the authenticity and validity of an electoral vote, or to interfere in any wise with any -such question. No President of the Senate has ever claimed or exercised such a power at any of the twenty-one presidential elections that iiave occurred under our Constitution. 38 Governor's Message. The mode of procedure for the counting of- electoral votes has been invariably regulated by the two houses of Congress, by con- current resolution or standing rules adopted before the count- Those resolutions or rules have prescribed every step in the whole process ; every function of the tellers and of the President of the Senate, whenever any additional service, even of the most formal sort, has been required of him. In every instance the counting has been conducted in conformity with the procedure thus prescribed by the two houses ; by servants designated by the two houses under instructions and in the presence of the two houses, and with the entire concurrence and tiie implicit obedience of every President of the Senate who was participated in those ceremonies. So often as any question has arisen as to the authenticity or validity of an electoral vote, the two houses have assumed and exercised the exclusive power to act upon and determine that ques- tion. They have, in contemplation of law, themselves made every count ; they have from the first, assumed exclusive jurisdiction to regulate and govern the whole transaction by temporary concur- rent orders adopted for the occasion, by standing joint rules and by the enactment of laws. Such has been the uniform and uninter- rupted course of precedents, the invariable practice of the govern- ment, and the official exposition of the Constitution which has been deliberately adopted, invariably acted upon, and universally accepted. No fitter repository of all such powers as are vested in or must of necessity be exercised by the government, can b.e found than the two houses of Congress. They are not only the general agents of the people under our representative system, but in case of the fail- ure of a choice of President and Vice-President by the electoral colleges, they are expressly charged by the Constitution with the duty of making the election. The people of the United States will never consent to have their Representatives in Congress stripped of these powers, or tolerate Goveenqe's Message. 39 this usurpation by a deputy of the Senate, or by any single per- son, and still less by an officer who is frequently interested as a candidate in the result of the count. « In this sentiment and purpose the State of ^ew York cordially concnrs. Foremost among all our American commonwealths in population, in the variety and extent of her industries and interests, she has in every vicissitude of public affairs put forth all her strength, moral and physical, to maintain the existence and the just authorities of the Union, and she can never consent that the time-consecrated methods of constitutional government shall be supplanted or overthrown by revolutionary expedients. L. ROBINSON. PUBLIC PAPERS GOVERNOR ROBINSON. Letter to the Legislatuee Kblating to Caeeless Engeossing OF Bills. STATE OF NEW YORK : ExEOUTrvE Chambee, I Albany, January 9, 1877. \ Hon. Geoege B. Sloan, Speaker of the Assemhly : Deae Sie. — I have received from the Secretary of State a com- munication, from which the folloviring is an extract : " I wish to call your attention to the very imperfect condition in which the bills from the Legislature frequently come to this office. They are not only often carelessly written and punctuated, but erasures are freely made by the engrossing clerk, which are calculated not only to throw serious doubts upon their authority, but upon all through whose hands they pass in all time to come under the possible sus- picion of tampering with them." The Secretary of State also, caused several specimens of the alterations to be exhibited to me. The great impropriety of them is apparent. There is nothing to show when and by whom they were made. The probability is that they were made by the engrossing clerks for the purpose of saving themselves the labor of engrossing the bilk anew. However this may be, I think it my duty to call the attention of the presiding officers of the Senate 4 Public Papers of Goveenor Eobinson. and Assembly to the matter, and to say that I shall feel constrained to disapprove any bill in which such alterations appear. I am, with great respect, yours, etc. L. EOBINSOK Peoola.ma.tion, Oedering Special Election in Second Assembly DiSTEIOT OF OeANGE CoUNTT. PEOCLAMATION By Lucius Robinson, Goteenor. Whereas, a vacancy exists in the office of Member of Assembly for the Second Assembly District of the county of Orange, in consequence of the death of Stewart T. Durland ; , Now, therefore, by virtue of the authority vested in me by law, 1 do hereby order that a special election be held in the Second Assembly District of the said count}' of Orange, on Tuesday, the thirteenth day of February next, for the purpose of choosing a Member of Assembly in place of the said Stewart T. Durland, whose term of office began on the first day of January instant, and will expire on the thirty-first day of December, in the year one thousand eight hundred and seventy-seven. In witness whereof I have hereunto signed my name and affixed the privy seal of the State, at the Capitol, in [l. S.J the city of Albany, this twentieth day of January, in the year one thousand eight hundred and seventy-seven. L. EOBINSON. By the Governor : David 0. Eobinson, Private Secretary. Public Papers of Goveenoe Robinson. 5 Peoolatkation, Oedeeing Special Election in the Fiest Assem- bly DiSTEICT OF THE CiTY AND CoUNTY OF NeW ToEK. PROCLAMATION By Lucius Robinson, Goteenoe. Whereas, a vacancy exists in the office of Member of Assembly for the First Assembly District of the city and county of New York, in consequence of the death of James Healey ; Now, therefore, by virtue of the authority vested in me by law, I do hereby order that a special election be held in and for the First Assembly District of the city and county of New York, on Wednesday, the fourteenth day of February next, for the purpose of choosing a Member of Assembly in place of the said James Healey, whose term of office began on the first day of January instant, and will expire on the thirty-first day of December, in the year one thousand eight hundred and seventy-seven. In witness whereof I have hereunto signed my name and affixed the privy seal of the State, at the Capitol, in the [l. S.J city of Albany, this twenty-third day of January, in the year one thousand eight hundred and seventy-seven. L. ROBINSON. By the Governor: David C. Robinson, Private Secretary. 6 Public Papees of Govbenoe Robinsoit. "Veto Assembly Bill, not Peinted, CoNFiEMmG the Official Acts of J. Marshall Gthon, Justice of the Peace in the Town of Seneca Falls. STATE OF NEW YORK: Executive Chambee, | Albany, February 8, 1877. ) To the Assenibh/ : I return herewith, without my approval, Assembly bill, not printed, entitled " An act to legalize and confirm the official acts of J. Marshall Guion, a Justice of the Peace in the town of Sieneca Falls, in the county of Seneca, and to enable him to take and file his oath of office." The bill is based upon the fact that the justice did not take or file the oath required by the Constitution and laws before entering upon the duties of his office, or within the time prescribed. Being of opinion that the efifect of such omission was a forfeiture of his office, and that the Legislature had no constitutional power to reinstate him, I referred the matter to the Attorney-General, and have received from hina the following opinion : "Hon. Lucius Robinson, Oovernor: " SiE. — I am of the opinion that a law which continues in office ft justice of the peace who has neglected to file his oath of office within the time fixed by law is unconstitutional. " Article 6, section 18, of the Constitution is as follows : ' The electors of the several towns shall, at their annual town-meeting, and in such manner as the Legislature may direct, elect justices of the peace, whose term of office shall be for four years. In case of a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term.' " Article 10, section 5, is as follows : ' The Legislature shall pro- vide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue Public Papers of Goveenoe Robinson. 7 qf such appointment longer than the commencement of the politi- cal year next succeeding the first annual election after the happen- ing of the vacancy.' Section 8 is as follows: 'The Legislature may declare the cases in which any oflBce shall be deemed vacant when no provision is made for that purpose.' " Article 12 requires an oath. Section 21, page 109, volume 1, Revised Statutes (Edm.'s ed.), fixes the time within which the oath must be filed. Section 34, page 112, of same volume, declares that an office shall become vacant upon the neglect or refusal of the incumbent to take the oath of office within the time required by law. And chapter 474 of the Laws of 1859, prescribes the mode of filling vacancies in the office of justice of the peace. " All the contingencies contemplated by the Constitution in the above-cited provision have been provided for by the Legislature in the above-cited statutes. Therefore, the failure to take the oath creates a vacancy. The law provides for filling the vacancy by _ appointment ; but the Constitution forbids the holding of the office so tilled longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy. A law which attempts to continue an elective officer longer than that time is directly in conflict with the Constitution. " The logic of certain decisions of the Court of Appeals, I believe, fully bear out this view. These decisions are. People ex rel. V. Crooks (53 N. T., 648), People ex rel., v. McKinney (52 N. Y., 374), People ex rel. v. Bull (46 N. Y.,' 57). " Very respectfully your obedient servant. " CHARLES S. FAIRCHILD, " Attorney-General." In this opinion of the Attorney-General I fully concur. If the office was forfeited, the Legislature has clearly no power to fill the vacancy. If it was not forfeited, the bill is unnecessary. L. ROBIKSON. 8 Public Papers of Govbknoe Eobinson. Veto Assembly Bill No. 17, to Amenp the Act Incoepoeat- ING THE CiTT OF BiNGHAMTON. STATE OF NEW YOEK : Executive Chambee, i Albany, February 8, 1877. \ To the Assembly : I return without my approval Assembly bill No. 17, entitled " An act to amend an act entitled ' An act to incorporate the city of Bingham ton,' passed April ninth, eighteen hundred and sixty- seven, and the acts amendatory of the same." The bill proposes to amend the first section of title' 5 of the charter of the city of Bingharaton, by striking out from said sec- tion (which enumerates the powers of the mayor) this sentence : " He shall be ex-officio a member of the board of education." The sole object of the bill, therefore, is to remove the mayor from the board. I can see no good reason for this change. The board of education expends a large proportion of the taxes of the city — about one-half thei-eof, as I am informed. While the mayor has a veto upon all the appropriations made by the common council, neither he nor any other officer has any such power in regard to appropriations made by the board of education. It seems to be a very wise and just provision, therefore, that he should be a mem- ber of that body. He is the only member of it elected by the people of the whole city. There is no evidence that the proposed chainge in the charter is desired by the people of the city. On the contrary, the common council by a strong majority, have passed resolutions disapproving it ; and a great many prominent citizens, without regard to party, have signed petitions to the same effect. L. EOBINSON. , Public Papees of Qovernoe Kobinsob'. 9 Yeto Assembly Bill No. 27, foe the Relief of Gbetain Per- sons Claiming to have Acted as Cleeks and Assistant Cleeks of the District Cquets in the City of New York. STATE OF NEW YORK : Executive Chamber, ) Albany, March 19, 1877. f To the Assembly : I return without approval Assembly bill No. 27, entitled " An act for .the relief of certain persons claiming to have acted as clerks and assistant clerks of the district courts in the city of New York." In January, 1876, the justices of several of the district courts in the city of New York, removed the clerks of their respective courts, and appointed others ip their places. The power to make such removals and appointments was denied by the former incum- bents, and judicial proceedings were at once taken, which finally resulted in judgments by the CciuVt of Appeals to the eflFect that the removals were illegal, that the clerks who had been- i-emoved were entitled to the offices and to the salaries provided therefor. In pursuance of these judgments the salaries have been paid, and" the legal liability of the city has been fully disGha,rged. The bill under consideration peremptorily requires the financial officers of the city also to pay the clerks who were unlawfully appointed for their services during the pendency of the litigation instituted to test the , validity of their appointments. On behalf of the city objections are made to the bill which seem to me insurmountable. Article 8, sectio,n 11 of the Constitution provides that "No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation." This bill requires the city of New York to give its money to private individuals who have not and do not claim to have any legal right to it. If they had any such right, they could, of course, enforce it. in the courts and would not 10 Public Papers of Goteenoe Robinson. be before the Legislature, asking it to compel the city to make this gift. The bill is, therefore, in direct conflict with the constitu- tional provision above cited. It is claimed that there are equities in favor of the men who were the de facto clerks during the litigation, and that it will be a hardship for them to lose their pay. If this were true, the answer to it is that the Constitution makes no provision for such hard- ships. It does not, however, appear to be true to the extent claimed. These men knew from the beginning that their .title to the offices was disputed, and during every day of their service they knew that they were trying an experiment and were liable to be defeated, as all other parties are who are engaged in litigation. They were under no obligation to accept the appointments, nor to -hold the^offices for a day. They might have resigned at any time. They chose voluntarily to accept the offices and to take the risk of the litigation in which their choice involved them. It is too much for them now to ask that they shall be relieved from the risk they took, and that the city shall be treated as an insurer of their suc- cess in the litigation and be compelled to pay their losses. It would be contrary to established principles of law and against public policy. It would furnish a bad precedent and encourage usurpation of office and future litigation. There are other provisions of the Constitution which seem to be infringed in spirit, if not in letter, by this bill. Section 9, article 1, is as follows : " The assent of two-thirds of the members elected to each branch of the Legislature shall be requisite to every bill appropriating the public moneys or property for local or private purposes." This bill was passed by a majority and not by two- thirds of the members in each house. It is said, in answer to this objection, that the term " public moneys " should be construed to mean moneys in the State treasury. There is nothing in the Con- stitution which indicates that the meaning of the term should be thus limited, and certainly no reason can be given for holding that Public Papees of G-ovebnoe Robinson. 11 the moneys in the city treasury are not, in every respect, as much public moneys as those in the State treasury. Section 24 of article 3 is : " The Legislature shall not, nor shall the common council of any city, nor any board of supervisors, grant any extra compensation to any public officer, servant, agent or contractor." It is not claimed that this section applies specifi- cally to the provisions of the bill under consideration ; but it does illustrate the spirit of the fundamental law and the sedulous carp with which it guards the public moneys, both of State and pities, from appropriation to persons to whom there is no legal liability. It will be of evil example if, at a time when every possible effort , is demanded to reduce the load of local taxation, the city of New York is forced to pay double salaries for one service. The State cannot afford to be unjust to the people in their aggregate any more than in their individual capacity. L. EOBINSON. Veto Assembly Bill No. 86, in Relation to the Supeeintbndent OF Public Woeks. STATE OF NEW YORK: Executive Chamber, i Albany, March 26, 1876. j To the Assenibl/y : -■ I return without my approval Assembly bill No. 85, entitled " An act in relation to the Superintendent of Public Works.'' The frauds and crimes in canal management, brought to light within the last two years, are well known'. They imposed oppres- sive burdens alike upon tax-payers and boatmen who navigate the canals. If they had hot been arrested they would have covered the State with disgrace, and brought the canals to ruin. At the last election the people, by a majority of 451,321, adopted an amendment to the Constitution establishing an entirely new system of canal administration. It provides for the appointment 12 Public Papers op Gtovernoe Eobinson. by the Governor, by and with the advice and consent of the Sen- ate, of one Superintendent of Public Works, who is to hold his ofBce during the term of the Governor by whom he is nominated, and by whom he may be suspended or removed at any time, without any action by the Senate. The Governor himself is thus made responsible to the people of the State for the faithful perform- ance of the duties of the superintendent, whom he is bound to watch over and hold to a rigid accountability. The object of this provision is to hold the Executive head of the State responsible for any further mismanagement of the canals. The superintendent is '' charged with the execution of all laws relating to the repairs and navigation of the canals." " Subject to the control of the Legislature he shall make the rules and regulations for the navi- gation or .use of the canals." He is to appoint not more than three assistants, who are to be subject to suspension or removal by hini. " All other persons employed in the care and management of the canals, except collectors of tolls and those in the department of the State Engineer and Surveyor, shall be appointed by the Super- intendent of Public Works, and be subject to suspension or removal by him. The office of Canal Commissioner is abolished from and after the appointment and qualification of the Superin- tendetit of Public Works, until which time the Canal Commis- sioners shall continue to discharge the duties as now provided by law." It must be apparent to every one that if the superintendent was to have any chance of success in organizing this new system, preparing his plans and , regulations, selecting his assistants and employes, repairing canals, and getting them ready for navigation at the usual time, it was vitally important that he should be appointed and enter upon the wide field of his duties at the earliest practicable day. Under the amendment he might have been appointed at any time, but he could not enter upon the duties of his ofiice until he had given the security to be required by law. Public Papeesof Goyeenoe EoBmsoN. 13 In my annual message, communicated to the Legislature on the second day of January last, I called special attention to this subject, and earnestly urged the immediate passage of an act fixing the salary and the amount of security to be given, so that the superin- tendent might be appointed and enter al; once upon his worjj, leaving any further legislation that might be found desirable to be perfected at the convenience of the Legislature. This I'ecommenda- tion was disregarded. No bill was introduced until the twenty- second of January, and the one then introduced as subsequently amended was encumbered with many useless provisions, calculated to provoke protracted discussion and delay. It was not until the sixteenth day of March, at the close of the eleventh week of the session, that the bill came into the executive chamber. Careful consideration had already been given to the selection of a candidate most likely to be acceptable, one who would best meet all the requirements of the position, and for whose management of the canals the Governor might safely hold himself responsible to the people. Realizing the necessity of immediate., action, within half an hour after tlie receipt of the bill I nominated to the Seriate a gentleman known and honored throughout the State and nation, a graduate of our National Military Academy, of distinguished ability as an engineer and in the organization and discipline of men, and whose personal purity of character was universally acknowledged. Having no entangling alliances with any canal combination or party factions, it was believed that he was well fitted for the task of lifting the canal administration out of the difficulties into which it had fallen under the old system, and ' of placing it upon a higher plane. It was also believed that no man could be in more perfect accord with the spirit of that portion of section 9 of the bill under consideration, which declares that " no appointment shall be made for partisan purposes or by reason of political opinions." The nomination was made oti the sixteenth of March. It lay in the Senate until the twenty-second of March^ 14: Public Papers of Goveenoe Robinson. when it was taken up and rejected by -a strict party vote, in obedi- ence to a determination of a party caucus, as was stated in open executive session upon the floor of the Senate. In the same manner, at the same time, and under the same caucus determina- tion the nominations of most competent and respectable gentlemen for superintendent of the banking department, health officer, port warden and captain of the port, being all the executive nomina- tions before the Senate for important positions, were rejected. This action could only be understood as a distinct notice to the Governor that no nomination he might make would be confirmed, unless made in obedience to the choice of the same party caucus. But even if this construction is not warranted, the rules of the Senate, i-ecently adopted by the same party majority, will prevent another nomination, unless by unanimous consent, before the first Wednesday in April, and defer action upon it until the third Wednesday in April. Only thirty working days remain between this and the first of May. Within that time the appointments must be made, the repairs on the canals completed and navigation opened. If an appointment could be made at once, there would be no hope and no possibility that a superintendent could organize and put into operation the new system provided by the constitu- tional amendment. The Canal Commissioners, foreseeing the fatal result of these delays, have deemed it their duty to proceed, and are proceeding with the work of preparing the canals for opening. It is scarcely necessary to add that any attempt to substitute the new system for the old after operations have commenced. under the latter would be wholly impracticable. The long delays in passing the act, and the action of the Senate since its passage, have effectually destroyed the system so far as the approaching season is concerned. No possible alternative is left for opening the canals except by the action of the Canal Commissioners under the old system, and in accordance with existing statutes. The question then arises, what will be the effect of the bill Public Papers of Governoe Eobinson. 15 under consideration if it shall become a law ? Section 8 of the bill provides that "the offices of superintendent of canal repairs and of division, resident and assistant engineers on the line of the canals are hereby abolished." If, therefore, the bill ])e ap^oved, the en£ire machinery by which the commissioners are required to carry on their work will be destroyed. All work upon the canals must at once cease. They can neither be repaired, opened or navigated. Even if a Superintendent of Public "Works were appointed, as contemplated by the bill, he would be seriously embarrassed by the cutting ofi at once of the entire engineering department of the canals. The work done through that department during the last year has been of great importance to the State, whilst the expenses have been largely reduced. The estimates for the cur- rent year show a further reduction to an amount believed to be much below what the cost would be under the plan proposed in the bill. It would be a hazardous experiment and poor economy for the first Superintendent of Public Works to undertake to carry on the pperations of the canals without any assistance whatever from the engineering department, upon which he must rely for' accurate information. Moreover, this bill makes no provision for the care and custody of the records and papers of these offices. The breaking up of that department and the removal of these records from their appropriate places of deposit would put them in danger of being lost or stolen, in which case the State would be deprived of most important evidence in the trial of actions against parties charged with fraud and misconduct in regard to canal operations. For the reasons herein stated, and as the only means now left for opening the canals at all, I am constrained to withhold ipy approval from this bill. L. EOBINSON. 16 Public Papees of Governor Robinson. Proclamation, offering a Reward for the Arrest of those Implicated in the Atiempt to Murder William Chareite and John Clbart, in the County of Albany. PROCLAMATION By Lucius Robinson, Governor. Whereas, it has been made known to me, that on Sunday, the eighteenth day of March, instant, an attempt was made in the county of Albany to murder. William Charefcte, by some person or persons unknown ; and. Whereas, it has also been made known to me that on Saturday, the twenty-fourth day of March, instant, an attempt was made to murder Jolm Cleary, in the said county of Albany, by some person or persons unknown ; Now, therefore, I do hereby offer a reward of <$500, to be paid to any one who shall cause the arrest and conviction of the parties who attempted to murder the said William Charette and John Cleary ; or a reward of $250 for the arrest and conviction of the party or parties guilty of the attempt to murder either of the aforesaid persons. In testimony whereof, I have hereunto signed my name and affixed the privy seal of the State, at the Capitol, in the [l. s.] city of Albany, this twenty-seventh day of March, in the year one thousand eight hundred and seventy-seven. L. ROBINSON. By the Governor : David C. Robinson, Private Secreta/ry. Public Papers of Goveknoe Kobinbon. ' lY Veto, Senate Bill No. 190, to Increase the Number of Notaries Public. STATE OF NEW YOEK : , Executive Chamber, Albany, March 28, 1877. To the Senate : I return, without approval, Senate bill No. 190, entitled "An act ■ to provide for the appointment of an additional number of notaries public." In 1863 the whole number of notaries public in the State was 2,624. In that year an act was passed which increased the number to a small extent. In various years since that date acts have been passed increasing the number to a very large extent, until it now amounts to 11,742. There is, manifestly, no necessity for any such number. It amounts to one notary to every ninety-six voters. The bill under consideration, if approved, will add 1,290 more, making a total of 13,032, equivalent to one notary to every eighty- seven voters. I can see no reason or propriety in any further increase "of the number. As it now stands the clerical force in the executive pfBce is insuflScient to take care of all the applications for appointment, to carry on the correspondence relating thereto, to prepare the com- missions which are required to be issued to each one of the notaries, to prepare the lists for nomination and to keep the records of the appointments. If the number is to be increased, as this bill pro- poses, to over 13,000, an additional clerical force will be indis- pensable. It is also undoubtedly true that, in the appointment of so large a number, without any opportunity for proper scrutiny, many per- sons receive appointments who know little or nothing of the duties pertaining to the office, and are wholly unfit to be intrusted with it. L. ROBINSON. 2 18 Public Papers of Goveenoe EoBiNSOiir. CHAEaES Against DeWitt C. Ellis, Supbeintendent of the Bank Dbpaetment. STATE OF NEW YOEK : Executive Ohambee, \ Albany, April 5, 18Y7. \ To the Senate: I have received from Mr. William J. Best, who was appointed by the Supreme Court, in July, 1876, receiver of the Mechanics and Traders' Savings Institution, charges againt De Witt C. Ellis, Superintendent of the Bank Department, accompanied by depo- sitions and documentary proof in support thereof. The charges are that the bank was insolvent in July, 1874, the deficiency being then about $200,000 ; that this condition of the bank was exposed to Mr. Ellis in September, 1874, by two of its trustees ; that Mr. Ellis then personally investigated the affairs of the bank ; that upon such examination he admitted the bank was insolvent ; that he was frequently requested by and on behalf of the two trustees to take immediate proceedings to protect the cred- itors, and that he neglected to do so until June, 1876, a period of nearly two years. In support of the charges are submitted : 1. A balance sheet (Schedule A) made out by George N. Pratt, who was at the time general book-keeper of the bank, and verified by his oath, showing a deficiency in July, 1874, of $201,017.52. 2. The testimony of William Floyd and Ira W. Gregory, two of the trustees of the bank, contained "in their depositions, that they, as a special committee appointed in July, 1874, to examine its con- dition, reported a deficiency of assets, as compared with liabilities, of $181,505.71, and a deficiency in annual income, if the usual .dividend of interest to depositors were declared, of $15,041.70. Schedules B and C, showing this condition of things, now appended to the charges, formed a, part of their report. Mr. Floyd deposes, Public Papers of Gtoveenob Robinson. 19 further, that the trustees -having, notwithstanding this report, declared the usual dividend, he, through F. P. Bellamy, his attor- ney, in September, 1874, laid copies of the report of himself and Mr. Gregory, accompanied by the schedules above mentioned, before Mr. Ellis, and requested him to institute proceedings to pro- tect the creditors ; that, thereupon, Mr. Ellis went to 'Eew York, and in person examined the condition of the bank ; that after such examination Mr. Ellis admitted to Floyd that the report of himself and Gregory was substantially correct, and that the bank was insolvent, and promised to take immediate measures to protect the depositors ; that he, Floyd, frequently, between that time and June, 1876, urged Mr. Ellis to take some action in the matter, but that until the last named date, he neglected to do so. 3. The testimony of F. P. Bellamy, attorney at law, of Brooklyn, contained in his deposition, to the same facts and to the same admissions to him by Mr. Ellis, after his personal examination of the condition of the bank, that it was insolvent ; and that he, Bellamy, had, on behalf of the two trustees above named, frequently urged Mr. Ellis, therefore, to take action to protect the creditors, and had mailed several letters to Mr. Ellis to that effect, between the time of the examination aforesaid and June 1876, but that Mr. Ellis neglected to take any proceedings until the last date. 4. The deposition of Mr. Gregory, to the effect that, he confirms all that Mr. Floyd has stated concerning the acts and doings of Mr. Floyd and himself and of Mr. Ellis. The annual report of the Bank Department, March 6, 1875, exhibits this bank as possessing a surplus of assets over liabilities of $67,240.08. Assembly Documents, No. 108, page 148. That of 1876 exhibits the bank w^ith a surplus of $9,530.13. See Assembly Documents of 1876, No. 97, page 157. Mr. Best alleges that at . the time he was appointed receiver in July, 1876, the deficiency liad reached nearly $350,000. Upon these charges and the proofs in support of them, which I 20 Public Papers of Goveenoe Robinson. transmit to you herewitli, it becomes my duty to recommend to you, as I now do, the removal from office of De Witt C. Ellis, Superintendent of the Bank Department. This recommendation is made as a basis of action on the part of the Senate, and upon the assumption that the depositions annexed to the charges are true, and make out a prima facie case. It is due to Mr. Ellis to say that, upon my invitation, he has appeared before me and made explanations which seem to acquit him of any intentional wrong, but not, in my judgment, of culpable negligence. I submit the whole matter to the Senate for such investigation and action as it may think proper for the protection of public interests. L. ROBINSON. Yeto, Assembly Bill No. 47, to Amend Act Regulating the ■ Deposit op Seoueities bt Plate-glass Insueanoe Companies. STATE OE NEW YORK: Executive Ohambee, j Albany, April 5, 1877. \ To the Assembly : I return, without approval. Assembly bill No. 47, entitled " An act to amend chapter six hundred and seventeen of the Laws of eighteen hundred and seventy-three, entitled 'An act regulating the deposit of securities by plate-glass insurance companies.' " The present statute requires a deposit of $50,000 of securities with the Superintendent of the Insurance Department, by every plate-glass insurance company, as a condition precedent to the transaction of any business. The deposit is by law intended to, and does, furnish a part of the security of the policyholders. All the companies of this class now doing business in tlie State, have complied with this provision. Their securities are in the Insurance Department. The effect of the bill under consideration is to allow Public Papees of Goveenoe Eobinson. 21 them to withdraw one-half of these securities, and continue busi- ness upon a deposit of $25,000 only. Many policies have been issued under the law as it now stands, and the value of each one is affected by this bill. The securfty of the policyholders is lessened if it becomes a law. The statutes of the State assured them when they took out their policies that $50,000 was held by the insurance department as a guarantee of the solvency of the company. Upon that guarantee the insured relied, and had a right to rely. To diminish that guarantee by half would be injustice to the policyholders and bad faith on the part of the State. Sound policy at present, demands added and not lessened security from insurance companies ; and the present provision of the law is by no means too stringent. For these reasons I am compelled to withhold my signature from this bill. L. KOBINSOK Veto, Senate Bill ISTo. 95, to Amend Act FAOiLriATiNG Disso- lution OB" Manufaotueing Coepoeations in Heekimee Countt. STATE OF NEW YORK : Executive Chambee, i Albany, A^ril 9, 1877- [ To the Senate: I return, without approval. Senate bill No. 95, entitled " An act to amend chapter three hundred and sixty-one of the Laws of eighteen hundred and fifty-two, entitled ' An act to facilitate the dissolution of manufacturing corporations in the county of Herki- mer, and to secure the payment of their debts without prefer- ence.' " The act of 1852 to which this bill is an amendment, pro- vides a special method by which manufacturing corporations in the county of Herkimer, organized under the provisions of the act of March 22, 1811, may be dissolved. The present bill gives 22 PtTBLio Papers of , Gtoveenoe Kobinson. the same special privilege as to dissolution to all sucli corporations in Herkimer county, organized utider the general laws of the State. The Revised Statutes prescribe a comprehensive method of dis- solving corporations of this class, in all cases wliere such dissolution is either necessary or proper. If there is any reason for repealing or modifying this general statutory regjxlation with relation to Herkimer county, it applies with equal force to every other county in the State If there is no such reason, the bill is superfluous and ought not to become a law. I am not advised of any valid argument in favor of a change in our general law on this subject ; I know of no hardship or injust- tice resulting from its requirements, nor any evil which would arise in Herkimer or any other county, from its continuance as it now stands. On the contrary, this bill seems open to every recog- nized objection to special legislation. It prescribes a rule for the corporations of one county entirely different from that which obtains throughout the State. If approved it leads other localities to seek similar privileges not only in this, but in other departments of general law. Experience has taught severe lessons as to the abuse of this line of legislation. If this bill is right for Herkimer county it is right for the State, and should be a general act. If it is wrong it ought' not to be a law. Fully believing that no good can result from its provisions at all commensurate with the evil likely to attend legislation so clearly special, I must decline to approve it. L. ROBINSON. Public Papers of Goveenoe Robinson. 23 Yeto, Senate Bill No. 155, to Peemit the Board of Educa- tion TO, Appoint an Assessoe foe the Educational District , of Seneca Palls. STATE OF NEW YOEK : Executive Chamber, i Albany, April 12, 1877. ) To the Senate ; I return, without my approval. Senate bill No. 155, entitled "An act to empower the board of education of the educational district of Seneca Falls to appoint an assessor for such district." The settled law and practice of the State provide that three assessors shall pass upon each valuation of property for purposes of ■taxation. An existing local statute already provides an additional assessor for the village of Seneca Falls. The present bill seeks to authorize the board of education to appoint still another assessor, at such salary as they choose, to make a special assessment for them. It would seem that four assessors ought to be sufficient for a town of 7,000 inhabitants. The public do not favor the creation of new offices. The present bill provides that the educational assessor shall follow the last village assessment as far as practicable, of which, apparently, he is the sole judge. The board is not obliged to appoint the village assessor as the educational assessor, and these offices will probably be filled by different persons. The citizens of Seneca Falls will then he compelled to support this new officer, either simply to copy the existing assessments, or to involve them into disputes and litigations likely to attend a double set of valuations, one for general and the other for school purposes. Another objection to this act is, that it directs the board of educa- tion, upon the receipt of their assessment roll, to levy a tax and^ issue a warrant for its collection. No restriction is laid upon them as to the time, purpose or amount of this levy, and it is more than doubtful if the present law furnishes any such restriction. 24 ' Public Papees of Goveenoe Eobinsoit. f duty L. KOBINSON. I cannot find it consistent with my sense of duty to approve a bill which may result in so much evil. Veto, Assembly Bill No. 86, to peovide foe the CoNSTEtroTiON OF FisHWATS ON Dams aokoss Oswego, Oneida and Senega KlVEES. STATE OF NEW YORK : Executive Chambee, i Albany, April 12, 1877. ) To the Assemhly : I return, without approval, Assembly bill No. 86, entitled "An act to provide for the construction of fishways on the State dams across the Oswfego, Oneida and Seneca rivers." Since the appointment of the commissioners of fisheries in 1868 the Legislature has appropriated over $100,000 for replenishing the lakes and rivers of this State with fish. I understand there is an appropriation of $15,000 more in the supply bill of this year for the game purpose. With the appropriation of $7,000 proposed by this bill, it will make $2^,000 for the present year. There can be no pressing necessity to warrant such an expenditure in the present condition of affairs. It cannot be done consistently with any claim to economy in the appropriation of public moneys. Moreover, if the work is to be done upon the dams constructed for canal pur- poses, it should be paid for from the canal fund, and not by direct taxation. It is well known that the canal revenues are already inadequate to meet the demands upon them. L. EOBINSON. Public Papebs of Governge Eobinsok. 25 Ybto, Assembly Bill No. 72, m eelation to Colleoxoes and Receivees op Taxes. STATE OF NEW YORK: Executive Chambee, • | Albany, April 12, 1877. ) To the Assemhhf : I return, without my approval, Assembly bill No. 72, entitled "An act in relation to collectors and receivers of taxes." This bill makes it the duty of collectors and receivers of taxes in the towns of this State to receive at par in payment of town, county and State taxes, orders issued by the board of supervisors upon the treasurer of the county in which such towns are located, providing said orders shall have been issued in due conformity with law. This bill is probably the outgrowth of a custom prevailing in many parts of the State,' by which the collectors receive these orders in payment of taxes where they know them to be correct. They are, of course, at liberty to refuse any order whenever they see fit to do so, and demand current money. The present act, however, makes these orders a legal tender for taxes. The col- lector must receive them if they are legally issued. The embarrassment and injustice of requiring tax collectors to pass on the validity of supervisors orders must be apparent to every one. The certainty of frequent errors is equally manifest. In the very probable event of a collector, accepting an illegal order, or refusing a valid one, serious questions would at once arise involving the respective liability of the tax-payer, the col- lector and his bondsmen. It is doubtful if collectors in large towns could procure sureties were this bill to become a law. Annoying litigations would be its certain and speedy result. Nor would the bill afford any substantial relief. These orders are seldom pre- sented by those to whom they are issued, but are bought up at a discount by those who are able to hold them until they are paid. 26 PnBLid Papbes of G-oveenok Eobinson. Thfe benefit arising from the act will, therefore, be conferred upon those who least need it — the purchasers of these orders. To elevate them to the rank of legal tenders would open the door to fraud and error, besides starting vexing questions of benefit to no one, and positively detrimental to the public interest. L. EOBmSON. Veto, Senate Bill No. 68, to Amend Act Eelating to Laying OUT, Opening and Continuing Bitshwick Avenue, Town of New Lots, Kings Countt. STATE OF NEW TOEK: Executive Chamber, ) Albany, Aprii 20, 187Y. \ To the Senate: I return, without approval. Senate bill No. 68, entitled "An act to amend chapter five hundred and fifty-four of the Laws of eighteen hundred and seventy-three, entitled 'An act amending chapter eight hundred and thirty-seven of the Laws of eighteen hundred and sixty-eight, and chapter six hundred and twenty-three of the Laws of eighteen hundred and sixty-nine, in reference to the laying out, opening and continuing Bushwick avenue in the town of New Lots, Kings county.' " Section one of this bill provides that " the commissioners now acting in the laying out, opening and continuing Bushwick avenue in the town of New Lots and their successors, immediately after the confirmation of the report of awards and assessments as provided for in section 3, shall enter upon the lands taken for said avenue, and shall cause the same to be properly graded, regulated and prepared for public travel." Section 18, of article 3 of the Constitution, provides that the Legislature shall not pass a private or local bill in the case of "lay- ing out, bpening, altering, working or discontinuing roads, high- ways or alleys." Public Papers of Ggveenoe Eobinson. 2Y The bill is a dear violation of this provision. I am therefore compelled as a matter of duty to withhold my approval. Bat aside from its unconstitutionality the bill ought not to become a law. By section 2 it is provided that the supervisor shall borrow* on the faith and credit of the town, such sum or sums as may be necessary for this improvement, and issue the bonds of the town therefor, without any proper authority from the town. No limit is fixed to the power thus conferred, nor is it even provided that the bonds shall not be sold for less than par. Under this act money may be borrowed to an unlimited extent, and bonds issued and sold at such rates and on such terms as a supervisor thinks advisable. These tw:o objections are fatal to the bill. The general laws provide that boards of supervisors shall take charge of the subject- matter of this bill and to them should be left the control of this and similar local improvements. L. EOBINSOK Veto, Assembly Bill No. 310, to Peovi'de Better Facilities FOE Eli County. foe Election of Town OfficeeB in Wateevliet, Albany STATE OF NEW YOEK: EXEOUTITE ChAMBEE, 1 Albany, April 20, 187Y. j 1 To the Assembly : I return, without approval. Assembly bill No. 310, entitled " An act to provide better facilities for the election of town officers in the town of Watervliet, Albany county." The bill is entirely local and special in its provisions. The general statute, , chapter 482, Laws of 18Y5, passed in accordance with the Constitution, confers upon the boards of supervisors full power to regulate such matters. The bill cannot, therefore, become a law without violating the plain spirit and intent of the Consti- tution. L. ROBINSON. 28 Public Papers of Goveenoe Eobinson. Yeto, Assembly Bill No. 202, to I-ncoepoeatb the Fiee Depaet- MENT of the Village of Plattsbuegh. STATE OF NEW YOKK: ExEoiTTivE Chamber, \ Albany, April 20, 1877. j To the Assembly : I return, without approval, Assembly bill No. 202, eutitled " An act to incorporate the fire department of the village of Plattsburgh." This bill is open to numerous objections. In the first place, it is special legislation for a particular locality. Greneral laws author- ize the, trustees of Plattsburgh to secure every wise object of this bill. , Again, it proposes to incorporate a fire department in the village of Plattsburgh which shall be substantially independent of its board of trustees and civil authorities. These officers are thus cut ofi from the supervision and control of the fire department, which they possess in other villages. An independent power is created within the village governmfent which cannot result otherwise than in strife and collisions of authority prejudicial to the public inter- ests and policy. Lastly, the bill is earnestly opposed by the village authorities as improper and useless. They claim to represent, and doubtless do represent, the sentiment of a large majority of the people of Platts- burgh. In the face of all these arguments, it seems obviously improper that I should approve this bill. L. EOBINSON. Public Papeks of Goveenoe Robinson. 29 Veto, Assembly Bill No. 338J to Okgabtize a Fiee Dbpaetment IN. the Village of Andes, Delawaee County. STATE OF NEW YOEK : Executive Chambee, ) Albany, April 20, 187Y. j To the Assembly : I return, without my approval. Assembly bill No. 338, entitled " An act to organize a fire department in the village of Andes, Delaware county." The object sought by this bill may be secured under general laws. The spirit of the Constitution and the law are in decided opposition to the policy of special legislation for localities whose rights can be as well secured under existing general statutes. If these are defects in the general enactments upon the subject, they should be obviated by amendments thereto and not by granted special exemptions and privileges to single localities. The trustees of the village of Andes are already clothed with full power to organize and maintain a fire department, and to accomplish every proper object of this bill. L. ROBINSON. Yeto, Assembly Bill No. 33 Y, to Authoeize the Village OF Sag Haeboe to Boeeow Money to Pueohase a Fiee Appaeatus. STATE OF NEW YORK: Executive Chambee, ) Albany April 23, 1877. \ To the Assembly : I return, without approval, Assembly bill No. 337, entitled "An act to authorize the village of Sag Harbor, Suffolk county, to bor- row money for purchasing a fire apparatus, with tlie necessary appurtenances therefor, and to secure a supply of water therefor." Chapter 151 of the Laws of 1847, and chapter 482 of the Laws of 1875, contain general provisions for the organization of fire 30 Public Papees of Govbenoe Eobinson. companies, the purchase and cai-e of fire apparatus, and the raising or borrowing of money therefor. The powers souglit to be conferred by this act upon the village of Sag Harbor, so far as they are either necessary or proper, are already vested in the authorities of that and every other village in the State by virtue of these existing general laws. Public senti- ment is strongly opposed to special legislation for ends that may be accomplished under general acts, and, with that sentiment, I am in full accord. I must, therefore, decline to approve this bill. L. EOBINSON. Yeto, Assembly Bill No. 252, to Peevent takincj of Teout in OwAsco Lake, foe Two Yeaes. STATE OF NEW YOEK: Executive Chambee, ) Albany, April 23, 1877. [ To the Assemhly : I return, without approval, Assembly bill No. 252, entitled '"An act to prevent the taking of trout in the Owasco lake, in the county of Cayuga, for two years." Subdivision 16 of section 1 of chapter 482 of the Laws of 1875, authorizes boards of supervisors " to provide for the protection and preservation, subject to thje laws of this State, of game, animals and birds, and of fish and shell fish, in all waters within the terri- torial jurisdiction of the county, and to prescribe and enforce the collection of penalties for the violation of any laws or regulations they may make, pursuant to the provisions of this subdivision." It will be conceded that this general act passed by the Legisla- ture in accordance with the provisions of section 18 of article 3 of the Constitution, gives the board of supervisors of Cayuga county power to legislate in regard to the subject-matter of this act. The policy of the Constitution and the statute alike points to the con- Public Papers of Goteenoe Robinson. 31 sideration and determination of all such questions by the boards of supervisors, whose knowledge of local requirements is, of course, superior to that possessed by the Legislature. Believing this bill to be an unwise departure from that policy, I cannot approve il. L. EOBINSON. Veto, Assembly Bill No. 219, to Amend Act Altering System OF Repaieing Highways. STATE OF NEW YORK: Executive Ohambeb, ) Albany, April 23, 1877.) To the Assembly: I return, without approval. Assembly bill No. 219, entitled "An act to amend chapter three hundred and ninety-five of the Laws of eighteen hundred and seventy-three, entitled 'An act to alter the system of repairing highways.' " Tlie law, as it stands, provides that highway commissioners, in repairing roads, " may give out the work to the lowest bidder on contract or appoint an overseer to do the same. They may con- tract for the work on some districts and have that on others done by days' labor, as they may think best." The bill proposes so to amend the law that these officers, through- out the State, in all cases, " must give out the work to the lowest responsible bidder, on contract." In order to do the most trifling repairs on a country road, involving, perhaps, only one or two days' work, the formalities of inviting bids and preparing contracts would have to be observed, if this bill became a law. The local officers, with the discretion noM' vested in them, will, in my judgment, protect better the interests of their neighbors in this little matter, than will any law emanating from the capital, prescribing one iron r.ule for every road district. The law of 1873 is applicable to the whole State, and there is no evidence of a desire 32 PntiLic Papebs of Goveenok Robustson. on the part of the people, generally, to have it altered. It was no doubt well considered when it was enacted four years ago. It is not wise to be amending general laws in order to meet the con- venience, fancied or real, of one or two neighborhoods. The policy of the Constitution is to remove all such petty regu- lations from the consideration of the Legislature, and to devolve local administration more and more upon the boards of supervisors. In 1875, a comprehensive act was passed conferring additional powers on the supervisors of counties, extensive authority in this matter of highways and road districts being included in the powers then granted. It is not wise to reverse this policy. The bill tends to countenance legislative meddling with the minutest details of local administration. There is, in my judgment, no necessity for it, and it will be likely to do harm if it becomes a Jaw. L. EOBINSON. Additional Charges Against Db Wptt C. Ellis, Superintendent OF the Bank Department. STATE OF NEW YORK : Executive Chamber, i Albany, April 23, 1877.) To the Senate : Since my message to the Senate of the date of April 5, 1877, recommending the removal from office of DeWitt C. Ellis, Super- intendent of the Banking Department, upon charges and proofs then presented, I have received additional charges against the same officer, which I herewith submit for your consideration. Of these the following are made by John Mack of 365 Fifth avenue. New York : 1. That Mr. Ellis was informed in March, 1875, by Geo. W. Eeid and W. F. Aldrich, bank examiners, that the Broad Street Savings Bank had made investments not authorized by law, and Public Papebs of Goveenoe Robinson. 33 that it then had a deficiency of $20,000 in the annual income necessary to pay its dividends and expenses. The report of these gentlemen of their examination made in March, 1875, attached to the next subsequent annual report of the department (see Assembly Documents 1876, No. 97, pp. 269 and 270), sustains this allegation. Mr. Mack adds that the bank was not put into the hands of a receiver until the following year, 1876. 2. That Mr. Ellis was informed in November, 1875, by Geo. "W". Eeid, examiner, that the People's Savings Bank of New York city had a large deficiency of assets and a deficiency of $10,000 in annual income. The document previously quoted, page 316, sus- tains this allegation. Mr. Mack adds that no receiver was appointed until 1876. 3. A similar charge as to the Trade's Savings Bank. 4. A similar charge as to the Abingdon Square Savings Bank, reported by the examiner in November, 1875, as having violated its charter by certain transactions in real estate sustained by the document already quoted, page 264. 5. A similar charge as to the German Savings Bank of Morris- ania, reported in April, 1875, as having a deficiency of $77,000 (see page 270 of document previously quoted), and allowed to go on until March, 1877, when it failed., 6. Charges of neglect of duty in reference to the Bank of Lan- singburgh, the New York State Loan and Trust Company, and the Loaners' Bank. 7. A charge that in the autumn of 1873, he, John Mack, per- sonally urged upon Mr. Ellis the importance of an examination of the Security bank, informing said Ellis that he. Mack, had reason to know that from sixty to eighty thousand dollars of its capital had been lost ; that Ellis refused and neglected to make an exami- nation; that in April, 1874, the bank failed, disclosing a loss of three-fourths of its capital. • 3 34 Public Papers of Goveenoe RoBiNSOif. In addition to these, the following charge is made by Edward Mallon of 434 West 28th street, New York city, to wit : That Mr. Ellis was informed by Geo. W. Keid and W. F. Aid- rich, bank examiners, that in a written report of an examination , made by them of the Third Avenue Savings Bank on the 22d and 23d of March, 1875, that the bank was then insolvent, having a deficiency of assets of $219,226.81, and of annual income of $44,791; that there was also an old deficiency of $115,000, discovered in previous years, for which last-named deficiency the department had taken the personal bond of the trustees of the bank. These allegations are sustained by the report of the examiners, found in Assembly Documents of 1876, No. 97, page 330. Mr. Mallon alleges further that an additional deficiency of $100,000 had been covered up by adding that amount to the cost of the banking-house. He also alleges that the trustees are now resisting payment of the bond of $115,000, on the ground that there was no consideration given. He also alleges that the same report revealed large investments . in real estate not authorized by the charter, and that many of the other securities were of doubtful value, which allegations appear to be sustained by the report above cited. He also alleges' that Mr. Ellis neglected to take any measures to close the bank, and that six months afterward, to wit, in September, 1875, it stopped payment ; that during this six months great wrong was done by the trustees paying the deposit^ of certain favored friends, and by the bank, in that period, inducing 600 new accounts to be opened with it; and that a statement made by Mr. Ellis in his report of the 30th of March, 1876, to the efi'ect that in con- sequence of the examination made in March, 1875, he, the superin- tendent, had caused the bank to be closed is untrue ; that the loss to depositors is about $1,200,000, the dividend being only fifteen per cent. As the Senate is already engaged in investigating charges similar Public Papeks of Goveknok RoBmsoN. 35 to these heretofore presented, I have not deemed it necessary to submit those now made to Mr. Ellis for any preliminary explana- tion on his part. The allegations contained in these that Mr. Ellis was officially notified by his own exanjiners of the dangerous and, in fact, insolvent condition of the institutions named, are in several instances amply sustained by the docamentary evidence cited. Whether he was guilty in any of these instances of culpable negli- gence in delaying proper action after he had been so notified is a matter of very ready proof or disproof before you. That there may be no technical objection to investigation of and action upon these charges, I again recommend the removal of De Witt 0. Ellis from the office of Superintendent of the Banking Department, as well upon the charges transmitted herewith as upon those heretofore presented, and now under consideration in the Senate. L. EOBINSOK. Ybio, Assembly Bill, not printed, Relating to Rebuilding Town Hall in Mexico, Oswego ■ County. STATE OF NEW YORK: Executive Chambee,, i Albany, May 3, 18Y7. \ To the Assembly: I herewith return, without approval, Assembly bill, not printed, entitled "An act to provide for rebuilding a town hall in Mexico, Oswego county." The objection to this bill is the same that has already been made to several other local and special bills. By chapter 482, Laws of 1875, ample authority is given to the town and to the board of supervisors of the county, to accomplish all that the bill provides for. There is nothing to justify the Legislature in interfering in such matters. L. ROBINSON. 36 Public Papeks of Goveenoe Kobinson. Yeto, Senate Bill No. 208, Eelating to the County Teeasueee nf MoNEOE AND Seneca Counties. STATE OF NEW YOEK: Executive Chambee, i Albany, May 4, 1877.) To the Senate: ' 1 retiu-n, without approval, Senate bill No. 208, entitled "An act to amend chapter six hundred and five of the Laws of eighteen ,i< hundred and seventy-five, entitled 'An act in relation to the county treasurers of the counties of Monroe and Seneca.'" It is, and for a long time has been, a gross wrong that the money paid by tax-payers for State purposes is not permitted to reach the State treasury until many months after its payment. It is stopped on the way and loaned, or used for commercial purposes, by the county treasurers, or by the banks in which they deposit it. Fi'eqnent losses and defalcations occur by reason of such misuse of the money. The law which this bill proposes to amend was an effort to remedy the evil and to secure the payment into the treasury of the taxes as soon after their collection as practicable. As origi- nally introduced into the Legislature it applied to the whole State, but before its- passage, all the counties, except Monroe and Seneca, were exempted from its operation. These two counties , remain subject to its provisions, and the treasurers are required at stated periods to pay over to the banks designated by the boards of supervisors all the moneys received by them, desig- nating the amounts belonging to the State, which amounts are subject to immediate draft by the Comptroller and State Treasurer. This bill exempts the banks from the liability to immediate i payment, and authorizes them to keep the money until the middle of April and first of May, which will usually be a period of from two to four months from the time of its receipt. The banks Public Papebs of Goveknoe Robhtson. 3Y give no security to the State. The bond given by the county treasurer to the State, if any is given, is fully complied with by his payment of the money to the banks in accordance with the law. The effect, therefore, of this bill will be to place the money of the people in the banks, to be used by them without interest and without security, for the period above mentioned, and in the event of the failure of the banks the money would be lost. The people should not be compelled to furnish capital for banking purposes and run the risk of its loss besides. Taxes are levied for the benefit of the State, not of private corpora- tions. Any relief the Legislature can extend in the matter of their collection is more needed by the tax-payers than the banks. L. EOBINSON. Veto, Senate Bill No. 188, to Amend Act in Relation to a Eaileoad in Poughkeepsie. STATE OF NEW YORK: Executive Chambbe, i Albany, May 4, 1877. ( To the Senate : I return, without approval, Senate bill No. 188, entitled "An act to amend chapter six hundred and fifty-four of the Laws of eighteen hundred and sixty-nine, entitled 'An act authorizing the construction of a railroad through certain streets in the city of Poughkeepsie, and through certain streets and roads in the town of Poughkeepsie, in the county of Dutchess.' " The object of this bill is to relieve the railroad company chartered by the act sought to be amended from the obligation to run its cars during the months of December, January, February and March in each year. Public franchises ought to be given to private corporations only for the .public good, and when bestowed strict compliance with their duties to the public should be exacted from those who enjoy 38 Public Papers of Goveenok Robinson. their profits. The months named in this bill are those in which the inclemency of the season renders the regular running of a rail- road most necessary to publie accommodation. If this company can be relieved from public service during the winter season, any other company is entitled to the same exemption. The bill seems to me contrary to justice and sound policy, and I cannot, therefore, approve it. L. EOBINSON. Yeto, Senate Bill, not feinted, to Confikm Lease made by Seneca Indians. To the Senate: STATE OF NEW YORK: Executive Chambee, Albant, Mam 4, 1877, i I return, without approval, Senate bill, not printed, entitled "An act authorizing and confirming a lease made by Benjamin Lewis and other Seneca Indians to George A. Berry of the right to trans- mit crude petroleum oil through a pipe over certain lands on the Allegany reservation, and authorizing said George A. Berry to use such lands for tjiat purpose." I understand that it has been held by the Supreme Court, both at special and general term, that no valid contract can be made with the Indians for the sale or use of their lands on the reservation in question without the assent of the Congress of the United States. Aside from this objection it is evident that this lease is invalid, for the reason that it is made by certain individual Indians, and not by or with the assent of the Seneca nation to which the lands belong. I have received from the president of the Seneca Nation of Indians a protest against the approval of this bill which states the case so truly and fairly that I present it without abridgment. It is as follows ; Public Papees of Goveenok Eobinson. 39 " Indian Eeseevation, April 21, 1877. " To his Excellency Governor Robinson : " I notice that a bill has just passed the Legislature confirming a lease purporting to have been made by Benjamin Lewis and other individual Indians to G. A. Berry, for pipe line purposes. I write to protest against the signing of this bill. As you are aware, the Seneca nation of Indians has the legal title to the entire reserva- tion, and, through its counsel and chosen officers, is entitled to its control. " If any parties interested in pipe lines desire to acquire rights on our reservation they should apply to our cpuncil, which has not been done in the case in question. This is the first instance within my knowledge where the Legislature has assumed to disregard the powers and privileges of the constituted authorities of the nation and attempt to confer them upon individual Indians. If it can be done in one case it can in all. The result may well be that, through bargains with improvident and ignorant Indians the rights of our nation may be seriously complicated and impaired. " On behalf of our nation, I respectfully but earnestly protest against any such precedent as would be established if the bill in question would become a law. It will be seen that if an individual Indian can make a lease for pipe line, he can for a railroad, distill- ery or any other purpose. The possession of an individual Indian is allowed simply for the purpose of giving him a home and not for any purpose contemplated by this bill. " Kespectfully yours. "JOHN JAOKETT, ^'■President of the Seneca Nation of Indians. " T. T. Jameson, '^ Cleric Seneca Nation of Indians." The justice and propriety of the statements and remarks made in ■ this protest must be admitted. The good faith of the State is 40 Ftiblio Papees or Goveenoe Robinson. pledged for the protection of the rights of the Seneca nation of .Indians on this reservation, and it must be sacredly observed what- ever may be the inconvenience to individuals. L. EOBINSOK Ybto, Assembly Bill No. 404, Amending Act to Inooepoeate YiLLAaES, so fae as eblates to Tillage of Niagaea City. °) STATE OF NEW YOEK : Executive Chambee, ) Albany, May 4, 1877.) To the Assembly : I return, without approval. Assembly bill No. 404, entitled "An act to amend section nine of chapter eighty six of the Laws of eighteen hundred and fifty-five, entitled 'An act to amend an act to provide for the incorporation of villages,' passed December seventh, eighteen hundred and forty-seven, so far as relates to the village of Niagara City, in the county of Niagara." The radical objection to bills such as the one above named, is that they seek to compass the results of special legislation by an apparent amendment of the general law. The title of this bill indicates that it is an amendment of some general provision of the statute regulating the incorporation of villages, whereas, in fact, it is simply an attempt to evade the provisions of the general act of 1875, by which the regulation of highway matters in towns and villages was committed to the boards of supervisors. Aside from this objection, which would apply to all bills of this class, the present act accomplishes no good object which could not be better attained under the statute of 1875. It is true that it adjusts the methods of operation to be followed by the village offi cials somewhat differently, but since the policy of the law now prescribes a single path in which all village authorities are required to travel, I cannot regard it as proper to assent to a variation of th^t course on the application of a single locality, whose officials do Public Papees of Goveenoe Robinson. 41 not accord with the judgment of the Legislature as to highway regulations. L. ROBINSON. Veto, Assemblt Bill No. 478, to Authoeize Teustees of Bap- tist Chueoh and Society of Hoosick to Remove' Dead, and to Sell Btjeting-geound. STATE OF NEW YORK: Executive Chambee, ) AiBANT, Man/ 4, ISTY. ) To the Assembly : I return, without approval, Assembly bill No. 478, entitled "An act to authorize the Trustees of the Baptist Church and Speiety of Hoosick, New York, to remove the dead from their bnrying-grouud , to the cemetery, and to authorize them to sell their burying-ground." The subjects mentioned in this bill and the object of its enact- ment are fully treated and met by the provisions of chapter 482 of the Laws of 1875. It was the legislative intention to remove such matters from the field of local enactments. The wisdom of that intention is nowhere questioned. It seems to me that the general statute referred to authorizes every step provided for- by this bilh If it does not, the defect siiould be remedied by an amendment to the general law, and not by a resort to the discarded and vicious line of special legislation. L. ROBINSON. 42 Public Papers of Goveenoe Robinson. Yeto, Senate Bill No. 61, to Authoeize Election of "Women to School Offices. STATE OF NEW YOEK: Executive Chambbb, ( Albany^, May 8, 1877. To the Senate: I return, without approval, Senate bill No. 61, entitled "An act to authorize the election of women to school offices." This bill goes too far or else not far enough. It provides that women may hold any or all of the offices connected with the department of education, that is to say, a woman may be elected superintendent of public instruction, women may be appointed school commissioners, members of boards of education and trus- tees of school districts. In some of these positions it will become their duty to make contracts, purchase materials, build and repair school-houses, and to supervise and effect all the trans- actions of school business, involving an annual expenditure of over $12,000,000 in this State, There, can be no greater reason that women should occupy these positions than the less responsible ones of supervisors, town clerks, justices of the peace, commissioners of highways, overseers of the poor and numerous others. If women are physically and mentally fitted for one class of these stations, they are equally so for the others. But at this period, in the history of the world, such enactments as the present hardly comport with the wisdom and dignity of legislation. The Grod of nature has appointed different fields of labor, duty and usefulness for the sexes. His decrees cannot be changed by human legislation. In the education of our children the mother stands far above all superintendents, com- missioners, trustees and school teachers. Her influence in the family, in social intercourse and enterprises, outweighs all the mere machinery of benevolence and education. To lower her from the high and holy place given her of nature is to degrade Public Papers of Govbenoe Eobinson. 43 her power and to injure rather than benefit the cause of educa- tion itself. In all enlightened and Christian nations, the expe- rience and observation of ages have illustrated and defined the relative duties of the sexes in promoting the best interests of society. Few, if any, of the intelligent and right minded among women desire or would be willing -to accept the change which such a law would inaugurate. The bill is moreover a clear infraction of the spirit if not the letter of the Constitution. Under that instrument women have no right to vote, and it cannot be supposed that it is the intention of the Constitution that persons not entitled to the right of suffrage should be^eligible to some of the most important offices in the State. L.- EOBINSON. Yeto, Senate Bill No. 144, Amending Act, Chaeteeing Village OE Caethage, Jeffbeson County. STATE OF NEW YOKK : EXEOUTIVB ChAMBBE, 1 Albany, May 8, 18T7. ) To the Senate: I return, without approval. Senate bill No. 144, entitled "An act to amend chapter five hundred and sixtj'-four of the Laws of eighteen hundred and seventy-two,' entitled 'An act to amend the charter of the village of Carthage, Jefferson county.'" The object of this bill is to confer upon the policfe justice of the village of Carthage the powers of a justice of the peace. There are ali'eady four justices of the peace in the town of Wilna, in which Carthage lies, possessing and exercising the jurisdiction sought to be conferred by this act. It is not made to appear that the present officers are unable to discharge all the duties devolving upon them, or that there is any more need of another justice for public reasons in that town than in any one of a hundred others of like size. Mr Public Papees of Gotbrnok Robinson. Experience shows that in nearly everj town in the State a redaction of the number of justices is more necessary than an increase. It does not seem wise at present to increase the num- ber or functions of officials whose support must directly or indi- rectly be drawn from the pockets of the people. The laws of the State have fixed the number of justices of the peace in towns, and no additions should be made to the number in special localities without evidence of public necessity therefor. L. ROBINSON. Veto, Assembly Bill No. 385, Amendins Act Chaetbeing Village of dunkiek. STATE OF NEW YORK : Executive Ghambee, j Albany, May 10, 1877.) ■ To the Assembly : I return herewith, without approval, Assembly bill No. 385, entitled "An act to amend chapter twenty-four of the Laws of eighteen hundred and seventy, entitled 'An act to amend an act entitled an act to amend the charter of the villasre of Dunkirk, passed April twentieth, eighteen hundred and sixty-seven.' " This bill does not accomplish the end evidently in view when it was drafted. By its terms it amends section 4 of chapter 24 of the Laws of 1870. But on reference to the law sought to be amended it is manifest that the section named as the one to be replaced, by this bill is by no means intehdecl. Were the bill to become a law, at least two sections of the act as it now stands, would be thrown into utter confusion. The result would be a certain resort to the Legislature^ at its next session for relief frotn its present error. This being so, I have no alternative but to withhold my approval from the bill. L. ROBINSON. Public Papers of Goveenok Robinsok. 45 ' Yeto, Assembly Bill No. 270, in Eelation to Peqceedings in SUEKOGATBS' OoUKTS. STATE OF NEW YORK: Executive Chambek, i Albany, May 10, 1877. ) To the AsseTribly : I return, without approval. Assembly bill JSTo. 270, entitled "An act in relation to proceedings in Surrogates' Courts." This bill s^eks to confer upon surrogates the equity powers now vested in the Supreme Court in relation to releasing executor^, administrators, guardians and trustees from the obligations of their trusts whenever they apply for such release and the surrogates deem it proper. The equitable supervision of the oflScers mentioned has always been within the sole jurisdiction of the Court of Chancery and its, successor, the present Supreme Court. The sweeping change proposed by this act seems to me unwise as well as unnecessary. The powers in question have been well and carefully exercised by the Supreme Court, and no sufficient reason is shown for conferring upon an inferior court a concurrent jurisdiction. Moreover, the Constitution gives this power to the Supreme Court, and, althougli it does not expressly forbid the Legislature to place it elsewhere, it seems more consistent with the intention of the instrument that this function should remain with the tribunal which has exercised it for so many years. L. ROBINSON. 46 Public Papbes of Goveenoe Kobinson. Yeto, Senate Bill No. 101, to Amend Act foe the Benefit of Maeeied Women Insueing the Lives of theie Husbands. STATE OF NEW YORK: Executive Chambee, I Albany, May, 15, 1877. To the Senate : I return, without approval. Senate bill No. 101, entitled "Au act to amend chapter two hundred and seventy-seven of the Laws of eighteen hundred and seventy, entitled 'An act to amend an act entitled an act for the benefit of married women in insuring the lives of their husbands,' " passed April 14:ih, 1858. It is,- perhaps, doubtful whether authority to assign such policies as are mentioned in this bill would be in accordance with sound policy and good morals. Upon that question there are difierences of opinion among intel- ligent men who have made the subject of life insurance a profound study. But in this State the question has been settled so far as existing policies are concerned. In the case of Eadie v. Slimmon (26 N. Y. Reports, page 9) the Court of Appeals decided that the children of a married woman who holds such a policy have a vested right in it which cannot be transferred by the husband and wife, or either of them. The Legislature cannot change that rule except as to policies hereafter issued. The bill, however, makes no discrimination, but applies to all policies heretofore or hereafter given. Recognizing the vested right of the children, it provides for their consent to the transfer. Children over twenty-one years of age can give such consent with- out the aid of any new law. But in most cases which arise, the children are minors, and the act makes no provision for the mode in which their consent is to be given. L. ROBINSON. Public Papees of Gtovernob Eobinson. 47 Veto, Items in Assembly Bill No. 267, Known as " Supply Bill." STATE OF NEW YORK: EXECUTITE ChAMBEE, 1 Albany, May 16, 187f. j To the Assembly: I transmit herewith a copy of the statement of the items of appropriation to which I object, contained in Assembly bill No. 267, entitled "An act making appropriations for certain expenses of government, and supplying deficiencies in former appropria- tions," which statement was appended to the said bill at the time of signing it, in accordance with section 9 of article 4 of the Constitution. L. ROBINSON. Statement of items of appropriation objected to and not approved, contained in Assembly bill No. 267, entitled "An act making appropriations for certain expenses of government and supplying deficiencies in former appropriations." " For Duncan C. McMillen, for services as stenographer in report- ing the evidence taken before the committee of the Assembly of 1871, appointed to investigate the facts of the assault by James Irving upon Smith M. Weed, and, also for his services as stenogra- pher in reporting the transactions of the committee of the Assembly of 1871, to which were referred the amendments tq the excise law, the sum of eighty-five dollars." This item is objected to and not approved, for the reason that it is a private claim of six years' standing, and has not been audited and allowed by the board of audit,, as it should have beeh before any appropriation could properly be made to pay it. Section 19 of article 3 of the Constitution is as follows : " The Legislature shall neither audit nor allow any private claim or account against the State, but may appropriate money to pay such claims as shall have been audited and allowed according to law." 48 Public Papers or Govbenoe Robinson. " For each of the la^ libraries of the State in the several judicial districts the sum of $1,000, provided that all libraries receiving money appropriated under' this act must be open to the free use of the members of the bar of the State of New York." This item is objected to and not approved, for the reason that the sum appropriated by it is not specifically stated as required by the Constitution. It does not state the number of libraries nor the sum necessary to pay the appropriation. Section 8 of article 7 of the Constitution expressly forbids the payment of moneys from the treasury unless the law making the appropriation " distinctly specifies the sum appropriated." It does not appear from this whether the sum intended to be paid is $1,000, $10,000 or more. The item is also objected to for the reasons stated for disapproving the next following item. " For the purpose of establishing a law library to be located at Canton, St. Lawrence county, for the use of the Supreme Court, the sum of $2,000, to be expended in the purchase of books under the direction and supervision of the justice of the Supreme Court now residing in said village. The warrant of the Comptroller shall not, however, be issued for the above-mentioned sum until an equal amount shall be raised either by private subscription or otherwise and placed at the disposal of said justice for the same purpose. The certificate of said justice of such fact shall be evidence to the Comptroller that the sum has been raised and placed at hie disposal." This item is objected to, and not approved, for the reason that it is unequal and unjust to compel the tax-payers of the State to con- tribute money for the establishment of law libraries in the various counties of the State. The practice has gone much too far already It never should have been begun, and should be stopped at onct and finally. If it is to be continued, the county of St. Lawrence i! perhaps better entitled to the favor than any other one ; but whei that is supplied there will be the next strongest claim, and so oi Public Papeeb of Qoveenob Robinson. 49 until every county in the State has a law library established and supported from the State treasury. There is no more reason for supplying lawyers with their books than in supplying doctors and clergyman with theirs, or farmers and mechanics with their iniple- ments and tools. The convenience, and advantage which the' lawyers and judges will have from these libraries may easily be obtained by voluntary associations and by contributions from those who are to be benefited by them. " For the Comptroller for payment of the sum of $1,030.85, or so much thereof as may be necessary to pay the late clerk of Kings county and for notices given to notaries public from January 20, 1871, to December 9, 1876." This item is objected to, and not approved, for the reason that it is a private claim of some years' standing and has not been audited and allowed by the board of audit, as it should have "been, before any appropriation could properly be made to pay it. " And for James B. Paddon, late clerk of the county of Oneida, fifty-four dollars and fifty-eight cents for like notices given in the year 1875." This item is objected to and not approved, for the same reasop, viz., that it is a private claim, and has not been audited and allowed by the board of audit. " And for Tyrus H. Fei'ris, late clerk of St. Lawrence county, for like notices the sum of sixty dollars or so much thereof as-may be necessary." This item is objected to, and not approved, for the reason that it is a private claim and has not been audited and allowed by the board of audit. " For James W. Eaton, superintendent of the New CapiEol, for counsel fees paid by him in the investigation before the county judge of Albany county, of charges against him as such superin- tendent, which were not sustained by proof, the sum of $2,100." This item is objected to, and not approved, for the same reason 4 50 Public Papeks of Goveenoe Robinson. above stated, viz. : That it is a private claim and in favor of Mr. Eaton for counsel fees paid out by him without any authority from the State, and the Legislature has no right, under section 19, article 3 of the Constitution, to make such an appropriation until the claim has been audited by the board of audit." " For the amount paid by him for the services of experts- in such investigation, the sum of $300." This item is objected to, and not approved, for the reason that it is a private claim of Mr. Eaton for disbursements, paid by him, and has not been audited and allowed by the board of audit. " And for the amount paid by him for the services of a stenog- rapher in such investigation, the sum of $394." ' This item is objected to, and not approved, for the reason that it is a private claim of Mr. Eaton for disbursements paid by him, and has not been audited and allowed by the board of audit. " For the purchase and erection of a suitable monument in the county of Saratoga, in commemoration of the decisive battle of the Revolution, fought in said county 100 years ago, the sum of $10,000, to be expended under the direction and supervision of the Comptroller, Secretary of State and Adjutant-General." This item is objected to, and not approved, for the reason that it seems to me by no means an opportune moment to levy taxes upon the people of the State to expend , thousands of dollars for the erection of monuments to commemorate notable events which have happened at different localities in this State. There is hardly a county which has not within its borders some localities signalized, by, events of historic interest. If it be once under- stood that the people of the State at large are to pay taxes for the erection of monuments to adorn these sites, the treasury will soon be burdened with drafts for like purposes from every county and from almost every prominent city or village within its limits. There is no more reason to erect these monuments at the places indicated than in many other localities in the State, Public Papers of Govbknok Robinson. 51 and even if there were I could not^ regard it as properly -within the province of the Legislature to expend the people's money in their erection. Posterity will have little cause to heed our memory, if in a time like this we force money from the pocKets of the people to signalize the glories of the past. " For the purchase and erection of a suitable and permanent memorial or structure in the city of Kingston, in commemoration of the organization of the State government 100 years ago, the sum of $15,000, to be expended under the direction of the Comptroller, the Secretary of State, and the Adjutant-General." This item is objected to, and not approved, for the same reason stated for disapproving the item last mentioned. "For the purchase and erection of a suitable monument at Fort Greene, Brooklyn, over the remains of the martyrs of the prison ship, the sum of $10,000, to be expended under the direction of the Comptroller, the Secretary of State and the Adjutant-General, provided an additional sum of $50,000 shall be raised by subscription or otherwise for the same purpose." This item is objected to, and not approved, for the same reasons given for disapproving the item of appropriation for the erection of a monument in the county of Saratoga. "For John I. Davenport, for the balance of his bill for services as counsel for the Senate committee, to investigate the several departments of the city of New York, $2,000." This item is objected to and not approved, for the reason that the State already holds a receipt in full for the services mentiened in the item. The claim for these services was originally pre- sented to the Comptroller in 1876, at the figure of $5,000. It was carefully considered by him, and the sum of $3,000 allowed the claimant. The allowance was regarded as liberal at the time, and the claimant accepted it in full payment. " For Darling, Griswold & Co., for board and rooms for said committee, $769.58." 62 Public Papeks of Goveenor Eobinson. This item is objected to, and not approved, for the reason that it is a private claim 'of long standing, and has not been audited and allowed by the board of audit as required by the Constitution. " For the trustees of the State Library, for the purchase of a frame for the portrait of Abraham Lincoln, now in the library, the sum of $325." . This item is objected to, and not approved, for the'reason that it has already been presented to the board of audit and by them disallowed. Under the Constitution as above cited the Legisla- ture has no power to make the appropriation, and the Comptroller none to pay it. " For the city of Syracuse, for the amount apportioned and assessed by the authorities of said city, upon the property belonging to the State in said city, for the construction of a sewer in Clark street andr Leavenworth avenue, in said city, the sum of $4,230.24, or so much thereof as may be necessary." This item is objected to, and not approved, for the reason that oh principle the State ought not to be compelled to pay to its municipal corporations assessments for local improvements within their limits. The property of the State is ordinarily of much more benefit to the particular locality in which it lies than to the State itself, and to sanction the principle that the cities and , villages of the State may, in their discretion, assess State prop- erty for local improvements, is to open the door for unlimited calls and drafts on the treasury for moneys, to be expended at the discretion of such local authorities. Such assessment and taxation upon State property is beyond the jurisdiction of such municipalities. Their power is derived from the State itself, and it is not to be admitted that they can impose liabilities on the superior power which created them. In cases where it may be proper for the State to contribute to such expenses, the commissioners of the land office should investigate the matter, Public Papees of Goveenoe Robinson. 53 and the State should voluntarily pay such proportion as it may deem just and equitable. " For the county of Cayuga, to reimburse it for all expenses incurred and paid for the two trials in 1873 and 1874, and apf esfjils thereon, of Michael Donohue, indicted for the murder of a convict in Auburn prison, including all disbur&ements made necessary during the incarceration of said Donohue, prior to, pending and subsequent to the trials ; for like expenses incurred and paid for the trial in 1874 of John Ooughlin, Thomas E. Hardy, Patrick Eagan and Patrick Clifford, indicted for assault with a deadly weapon upon a keeper in said prison,- including like disbursements; and for like expenses incurred . and paid for the trial in 1875, and appeals therefrom, of Edwin Thomas, indicted for the murder of a convict in said prison, including like disbursements, the sum of $6,720.71, or so much thereof as may ' be necessary." This item is objected to, and not approved, for the reason that it is in every proper sense a private claim, consisting of very many separate items, aind, under the Constitution, is subject to the audit and allowance of the board of audit, before the Legis- lature has power to appropriate money for its payment. This objection alone is fatal to the item^ without considering the question whether suck an appropriation ought ever to be made to counties to defray the expenses of trials for crimes committed within their borders. " For Formola J. Sharpe, the widow of Eev. Ichabod B. Sharpe, who was killed by the fall of a canal bridge over the Genesee Valley canal, near the village of Oanadea, on the 24:th day of June, 1876, the sum of $3,000 as a gratuity." This item is objected to, and not approved, for the reason that Mr. Sharpe was not in the service of the State in any way, and no proof of any kind appears that the bridge was defective, or that the accident, which resulted in the death of Mr. Sharpe, 54 PtTBLio Papees of Govbenoe EoBDsrsoN. was the result of any negligence or fault of any officer or agent of the State. " For the erection of a new group of detached buildings at the Willard Asylum, similar to those already erected for the use Of women, the sum of $75,000." This item is objected to, and not approved, because it seems to me that the present is no, time to commence the erection of new build- ings. We have too many under way already, and the heavy burdens resting upon the tax-payers ought not to be increased by the com- mencement of new ones until more auspicious times. "For the Buffalo State Asylum for the Insane, to complete the administration building and wards A, B, C, D, and E, and for improving the grounds thereof and building permanent fences and roadways, the sum of $200,000." This item is objected to, and not approved, for the reason that the appropriation is unusually large. The amount appropriated for / the same building last year was $120,000. The disasters and losses among business men during the last year surely indicate that appro- priations and taxations should be coniined to absolute necessities, and should be diminished rather than increased. " For the managers of the New York State Lunatic Asylum at Utica to ,pay 'I. C. Mcintosh and the heirs of Loodel for land taken for [the use of the asylum, the sum of $1,600, or so much thereof as may be necessary to be paid, upon the delivery to the Comptroller of sufficient deeds for such land." This .item is objected to, and not approved, for the reason that it has already been presented to the board of audit, and by them disallowed. " For the construction of 'tlie center building, for plumbing, water and sewer connections and water boiler, for steam heating apparatus and connections, for lowering boiler room, setting boilers, with connections, and building coal faults, for brick drawing and pave- ment around buildings, for food car, tramway and hoisting lift, and Public Papees ot Govebnoe Eobinson. 35 for deficiencies and extras pertaining to the several contracts, the sum of $134,000." This item is objected to, and not approved, for the reasons given for the disapproval of the appropriation to the Willard Asylum for newbuildings, and for the further reason that the expenditures upon the asylum at Poughkeepsie have been lavish and extravagant to a degree nowhere equaled except in the ]N"ew Capitol. There is, moreover, a large amount of previous appropriations unexpended, • and with this the manager can go through another year with more ease than the people can pay additional taxes for a building and furniture so expensive that the inmates cost the State at the rate of about $5,000 each per annum. " For the Susquehanna Valley Orphans Home, at Binghamton, for enlarging .building, painting and repairing building, and for heating apparatus, the sum of $10,866.25." This item is objected to, and not approved, for the reason that^it is clearly within the prohibition of section 10 of article 8 pf the Constitution. " For the managers of the Central New York Institution for Deaf Mutes, at Rome, for the erection, heating and furnishing of a suitable building for its use, the sum of $30,000 ; but no part of the sum herein appropriated shall be expended, except upon a plan for such building which shall be approved by the Comptroller and the Superintendent of Public Instruction, and upon estimates which will satisfy the Comptroller." This item is objected to, and not approved, for the same reason stated for the disapproval of the item of $75,000 for the Willard Asylum. "For the promotion of agriculture the sum of $5,000." This item is objected to and not approved for the reason that it appropriates the moneys of the State to aid an agricultural associa- tion, and is, therefore, forbidden by section 10, article 8, of the Constitution. 56 PuBLio Papees of Goveenoe Eobinson. "And for the reconstruction of the buildings on the State Fair Grounds, at Elmira, destroyed by fire, the sum of $5,000 ; both of said sums to be paid to the Treasurer of the State Agricultural Society, and to be expended under the direction of the executive committee thereof." This item is objected to, and not approved, because it is subject to the same constitutional objections given for disapproving the last-mentioned item. " For the construction of a wagon road on the Indian reservation of the St. Regis Indians, in the county of Franklin, stkrting from a short road now laid, which runs from the old State road to the reservation, and thence running nearly parallel with the St. Regis river northerly to the Canada line ; and a branch road, commencing .at a point in said contemplated road about midway between its extremities, and running thence easterly to Drum street, in the town of Fort Covington, the sum of $2,500, to be expended under the supervision of Alfred Fulton and Sidney G. Grow, of Hogans- burg, who are hereby appointed commissioners for that purpose, who shall each receive out- of said sum three dollars per day for each full day occupied in and about such supervision ; but the total compensation of such commissioners shall not exceed the sum of $250, and no part of the sum herein appropriated shall be paid over to such commissioners until they shall have executed a bond to the people of the State of New York, to be approved by the Comptroller, conditioned that they will faithfully discharge their duties as such commissioners, and truly account under oath to the Comptroller for all moneys received by them for the purposes aforesaid." This item is objected to, and not approved, for the reason that the Legislature has been forbidden by section 18, article 3 of the Constitution to pass a private or local bill, or lay out, alter, work or discontinue highways or alleys. More than this, chapter 482 of Public Papees of Governoe Eobinson. 57 the Laws of 1876 gives the full power to the supervisors to act in the matter of this road as needed. " For repairing the road across the Onondaga Indian reservation, leading from what is known as the ' Castle Hotel,' in the town of Onondaga, to a point intersecting the road leading by the house of Edward A. Clark, a distance of about one mile and an eighth, the sum of $500, to be expended under the supervision of John Kelley, of said town, who is hereby appointed a commissioner for that purpose, who shall receive out of said sum three dollars per day for each full day occupied by him in the discharge of such duty, . but for not exceeding fifteen days in the aggregate, and who shall execute to the people of this State a bond, to be approved by the Comptroller, for the faithful discharge of his duties as such com- missioner." This item is objected to, and not allowed, for the same reasons given for disapproving the last-mentioned item. "The sum of $1,000,000 is hereby appropriated toward the erection of the New Capitol building, which shall be paid by the Treasurer upon the warrant of the Comptroller to the order of the New Capitol Commissioners, as they shall require the same." This item is objected to, and not approved. Tlie New Capitol is a great public calamity. At its commencement the people of the State were assured that it would be completed for $4,000,000. There has already been expended upon it $7,723,695.16. No reliance can be placed on any estimate which can be obtained as to the cost of completing it. There is no probability that it can be fully finished according to the original plans for less than $15,000,0Q0 to $20,000,000. If the tax-payers of the State had not been deceived, if they had supposed that the whole expenditure would reach what it has already reached, it is not likely that they would have permitted the commencement of the work. It is without a parallel for extrava- gance and folly. It covers more than three acres of ground. Its pro- portions are enormous ; it is more than double the size needed for a 58 Public Papees of Goveenoe Robinson. Capitol. At every step of its progress one idea has held supreme con- trol, which was to make its exterior a great and magnificent achitectu- ral display which should dazzle the eyes of all beholders, without the least regard to the interior arrangements for practical use. Indeed, but for the improvements in the interior plans made by the present commissioners, the two houses of the Legislature would scarcely have been able to occupy it at all. Even now, after they have made all the changes for the better possible, in a building already spoiled, it can only be used with very great inconvenience and dis- comfort. The legislative chambers must be reached by ascending to a hight of sixty-two feet from the first step of the main front, and this extraordinary elevation must be attained either by long stairways, or else by steam power and elevators, such as are used to reach the fifth or sixth story of first-class hotels. The halls are long, damp and dark ; the rooms badly lighted and ventilated. In cloudy weather very few of the rooms can be used without gas-light during the day as well as at night. When this great and useless structure can be or will be completed it is idle to conjecture. When we consider the unlimited expense of heating and lighting three acres of a building 108 feet high ; of its cleaning, care and attendance, with six or eight steam engines and their engineers and firemen, no one can feel in any haste to have it completed. The best estimate which I have been able to obtain of the amount of these expenses, makes it about $250,000 per annum. In making the appropriation the Legislature directs the commissioners to " build and complete the exterior of the New Capitol building in the Italian Renaissance style of architecture adopted in the original design," and according to the style upon which the building was being erected prior to the adoption of the so-called "modified design." There, are very great differences of opinion among emi- nent architects as to which style should be adopted. The direction of the Legislature compels the conimissioners to return to the for- Public Papees of Goveenoe Kobinson. 59 mer style, and I understand that the change will involve a loss of at least $300,000. The New Capitol, like all other public buildings upon which the State has recently expended such extravagant amounts of money^ was the putgrowth of a vicious system of finance and of the folly and madness which accompanied it. The inevitable disasters which came of such follies are now upon us in full force, and are' everywhere felt with crushing effects. They admonish us, if we proceed at all, to do so with moderation. It is surely no time to increase fippropriations when the power to pay taxes is so greatly diminished, yet on examination of the supply bill it will be found that in this period of financial embarrassment the appropriations for all the public buildings, and consequently the taxes to be levied for them, are very largely In advance of those of preceding years. It is surely time to pause in this career. All prudent business men in the management of their own affairs move more slowly, and thousands are unable to move at all under the present circum- stances. However convenient or desirable it may be to complete the Capitol and the other public buildings, we can do without them for a time, as we have heretofore. They are not absolute neces- sities. In any event it seems better to wait a year, even if it be finally decided that this building must be completed, to the end that it be fairly considered whether some plan may not be devised by which better accommodations may be secured at 'less expense than now seems inevitable. " For the construction of a draw in the bridge over the navigable channel of the Oneida river at Bremerton, between the counties of Oswego and Onondaga, the sum of $7,500. This item is objected to, and not approved, for the reason that there are no moneys in the treasury properly applicable to the building of this bridge, and there is too much reason to appreliend that the revenues will not be sufficient to pay the expenses of run- ning the canals, and it may be assumed as certain that they will 60 Public Papers of Goveenoe Robinson. not be sufficient for the purpose and for the building of new bridges: in addition. "For the construction of an iron bridge over the Clark and Skinner canal at Scott street, in the city of Buffalo, the sum of $3,000, or so much thereof as may be necessary." This item is objected to, and not approved, for the same reasons given for disapproving the last-mentioned item. "For rebuilding bridges over the State ditch, on Main and Delaware streets, in the village of Tonawanda, Erie cut; for building a bridge over said ditch on Fletcher street in the said vil- lage, the sum of $2,000, or so much thereof as may be necessary." , This item is objected to, and not appi'oved, for the reasons given for disapproving the appropriation for the construction of a draw in the bridge over the Oneida riv^r at Bremerton. "For the construction of a lift bridge over the Oswego canal in the city of Syracuse, on Salina street at its intersection with Bridge street, in place of the bridge now over said canal at that point, which was authorized by chapter 382 of the laws of 1874:, the sum of $12,000, or so much thereof as may be, necessary." This item is objected to, and disapproved, for the same reasons given for disapproving the item last mentioned. " For the construction of a foot bridge over the Erie canal at Mud Lock, at the junction of the Cayuga' and Seneca canals, the sura of $500,.or so much thereof as may be necessary." This item is objected to, and not approved, for the same reasons stated for disapproving the item last mentioned. " For the construction of three bridges over the State ditch in the village of Tonawanda, in Niagara county, at Marion street, Oliver street and Van Yort street, the sum of $2,500, or so much thereof as may be necessary." This item is objected to, and not approved, for the same reasons stated for disapproving the item last mentioned. " For the construction of a swing or lift bridge over the Erie Public Papees of Goteeitoe Robinson. 61 canal, ia the village of Brighton, Monroe county, in place of the bridge now over said canal at that point, the sum of $4,500, on condition that the approaches to said bridge and the help necessary to tend it be provided by the locality where the said bridge is situated." This itein is objected to, and not approved, for the same reasons stated for disapproving the item last mentioned. L. ROBINSON. Veto, Assembly Bill, not peinted. Amending Act Incoepoeating Tillages, so pae as eelates to ISTiagaea Falls. STATE OF NEW YORK: Executive Chambee, y Albany, May 17, 1877. ) To the Assembly : I return, without approval. Assembly bill, not printed, entitled "An act to amend chapter four hundred and seventy-six of the , Laws of eighteen hundred and forty-seven, entitled 'An act to provide for the incorporation of villages,' so far as the same relates to the village of Niagara Falls, in the county of Niagara." On principle, this act is objectionable, because it seeks to accom- plish a local and special object by a limited amendment of the general law. A bill of precisely the same character in regard to the village of Niagara City,, in the county of Niagara,' was vetoed some days since on the same ground. Besides this general objection to bills of this class, the present act is open to the further objection that it seeks by special legisla- tion to accomplish an object already generally provided for by chapter 482 of the Laws of 1875, which gives full power to boards of supervisors to authorize, in proper cases, the action proposed to be taken under the present bill, by the village authorities of the village of Niagara Falls. L. ROBINSON. 62 Public Papbks of Goveenoe Eobinson. Veto, Assembly Bill No. 473, Geanting Ceetain Poweeb to THE Haepeesville Cembteet Association, Town of Coles- viLLE, Become County, and the Supektisoe op said Town. [BEE, I 1877.) STATE OF NEW YORK : Executive Chambee, Albany, May 17, To the Assenibly : I return, without approval. Assembly bill 'So. 473, entitled "An act granting certain powers and authority to the trustees of the > Harpersville Cemetery Association, in the town of Colesville, Broome county, N. Y., and the supervisor of said town." This bill is a piece of special legislation, and is unnecessary, because the supervisors of Broome county are authorized by chapter 482 of the Laws of 1875, to take the same action which the Legis- lature seeks to take by the enactment of this bill. L. EOBINSON. Veto, Senate Bill No. 196, Amending Act Inooepoeating a Beooklyn Libeaey Building Fund Association. STATE OF NEW YORK: Executive Chambee, | Albany, May 17, 1877. ) To the Senate : I return, without approval. Senate bill No. 196, entitled "An act to amend chapter six hundred and sixty-seven of the Laws of eighteen hundred and seventy, entitled 'An act to incorporate a Brooklyn Library Building Fund Association of the Eastern Dis- trict.' " The second section of this bill provides that where subscribers shall have forfeited the stock for which they have subscribed, in accordance with the provisions of this act, they shall, in no case be liable for the unpaid assessments or balance on such stock. Public Papers of Governor Robinson. 63 It cannot be denied that this is a direct violation of section 10, of article 1 of the United States Constitution, which provides that no State shall pass an act impairing the obligation of contracts. A subscription for stock has always been regarded in law as 'a contract, and the party subscribing has always been held liable to fulfill the obligation he assumed in the subscription. This being so, the present act is clearly in derogation of the provision of the Constitution above mentioned, and is beyond the power of the Legislature. L. ROBINSOK Veto, Senate Bill No. 315, to authorize Trustees op Skaneateles TO sell Eeal Estate to build an Engine House. STATE OF NEW YORK : Executive Chamber, ^ Albany, May 17, 1877. \ To the Senate: I return, without approval, Senate bill No. 315, entitled "An act to authorize the trustees of Skaneateles, in the county of Onondaga, to sell certain real estate, and to raise money by tax for building an engine-house, and for other village purposes."' This bill is objectionable, as special legislation to accomplish an object provided for by general laws. The power to convey the real estate mentioned is already in the village charter, and the other acts sought to be authorized may be done under the sanction of the board of supervisors of Onondaga county, in accordance with the provisions of chapter 482 of the Laws of 1875. L. ROBINSON. 64 Public Papers of Goveenoe Eobinson. Yeto, Senate Bill No. 286, to Repeal Incoepokation of the Cltde and Rose Plank-eoad Company. STATE OF NEW YORK: Executive Ohambee, i Albany, May 17, 187Y, To the Senate: I return, without approval. Senate bill No. 386, entitled "An act to annul or repeal the incorporation of the Clyde and Rose Plank-road Company." I am informed that the supervisors of the county of Wayne have already extended the charter of the plank-road mentioned in this bill, and that the effect of this act, if it be made a law, is simply to reverse the decision of the board of supervisors in the same matter. The policy of the law is against the inter- ference of the Legislature in any local matters which are prop- erly the subject of action of the board of supervisors, and it is especially improper that the Legislature should interfere with such matters where the local boards of supervisors have already made a decision in the premises. For these reasons I am unable to approve of this bill. L. ROBINSON. Yeto, of Senate Bill 231, Supplemental to An Act to Reoeganize THE Local Government of the City of New Yoek, known as "The Omnibus Bill." STATE OF NEW YORK: Executive Chamber, Albany, May 18, 1877 To the Senate-: I return, without approval. Senate bill No. 231, entitled ■ "An act supplemental to chapter three hundred and thirty-five of the Laws of eighteen hundred and seventy-five, entitled 'An act to reorganize the local government of the city of New York." ' The spirit of our institutions is at war with every effort of .1 Public Papers of Gotbknoe Robinson. 65 the minority to defeat the will of the majority in any locality through legislative means. When we deny self goverment to any section of the people, we belie the faith and teaching of our fathers. Equal representation is prerequisite to the right of taxation. Without it legislative levies on localities are simply oppressive. This conceded doctrine is nowhere more scrupulously maintained than in our Constitution, which provides that the Legislature shall, on the completion of every census, award to each part of the State the representation to which its population entitles it. For nearly two years this mandate of our highest law has been defied and disobeyed. A Legislature morally, if not legally, irregular, assumes to revolutionize the local law in a city of a million while denying to that city the representation which is its right. Upon the final passage of the present bill in the Assembly, 78,000 people in Putnam, Wayne, Schuyler and Cortland couiities,- by their representatives, cast four votes for it, while the 96,000 people of the twentieth New York district were allowed to east but one against it. It is neither justice nor common sense that the representatives of 31,000 people in two rural counties without interest in this act should nullify the votes of 170,000 inhabitants of two New York districts against it whose personal rights are <3ommitted to its care. The first objection to its enactment is that while it professes to provide for all the great interests and wants of the people of the city of New York, it is passed when the city is not fully and fairly represented in the Legislaturoj as the Constitution requires that it should be. By the omission of the Legislature to make such an apportionment of the Senators and Membei's of Assembly as is required, by the Constitution, the city of New York is deprived of the presence and votes of at least seven additional representatives to which she is entitled in the two houses of the Legislature, and this legislation is imposed upon it in the absence of such representation. In the next place, of the twenty-one Members of Assembly and 66 Public Papers of Goveenoe Robinson. five Senators, making twenty-six in all, from the city, nineteen opposed and voted against the bill. Of the forty-seven Senators and Members of Assembly from the city, Long Island counties, Westchester, Richmond and Rockland, immediately surrounding the city and" acquainted with its afiairs, only fourteen voted for this bill, whilst all the residue (thirty-three) voted against it. The seventeen city Members of Assembly who voted against the bill represented 826,454 of the 1,045,223 inhabitants of the city, as shown by the last census. It is perfectly clear, therefore, that this bill, whether good or bad, is forced upon the people of the city against their will, by the representatives of the interior, western and northern parts of the State, who know least of its affairs. If local self-government is more than an empty name, such legis- lation should not be. Were there no other argument against the ■ bill than this, a sense of duty to the principles of popular repre- sentation and the Constitution I am sworn to follow, would forbid my approval of this or any similar measure forced on an unwilling people whose proper voice is silent in the legislative halls. I can- not admit the right of the Legislature to regulate the municipal affairs of New York, while refusing it its fair apportionment of membei's in either house. Twenty years ago the experiment was undertaken of with- drawing from the city of New York the powers of local govern- ment which it held under its charter, and supplying their place with acts of the State Legislature. The history of this legislation is, with few exceptions, one long record of confusion, robbery and wrong. Over 2,300 laws relating to the city, of which nearly 600 make or modify governmental powers, have been precipitated upon the statute books within that time. Laws heaped on laws, original, repealing, amendatory and re-enacting, make a mingled heap from which lawyers shrink confounded, and judges turn at fault. Our highest court has held one branch of New York city law utterly beyond interpretation or construction. Public Papers of Govbenoe Robinson. 67 I^or is this all. Within the shadow of this mighty stack of statutes great combinations have been formed for public plunder and private wrong. Sheltered by ambiguous law, the conspirators have safely fattened on spoils wrenched from the plundered poor. In 185Y the population of the city was 700,000, and its debt $18,740,188; in December, 1876, its population was 1,045,000, while the debt was $121,178,450. The population within nine- teen years has increased fifty per cent, and the debt six hundred per cent. Within the same period taxes have been drawn from the people of that city to the amount of hundreds of millions of dollars, and the many disgraceful passages in its municipal gov- ernment, prior to 1872, are too well known to require repetition. In the last mentioned year, the outraged people of the city rose and demanded reform, and did what they could to effect it within the limited powers which the Legislature has deigned to leave them. The bill now in question has been claimed as a measure of reform. I understand that as it was originally prepared it was entitled to be so regarded,; but those who drew it, since its manipulation by the Legislature, are scarcely able to recognize its original features, and disclaim responsibility for it in its present ' shape. After a very careful examination of its • provisions, and listening attentively to all the discussions of its merits and demerits, by its friends and opponents, who have appeared before me, it seems to me a return to the old and bad practice of partial,' legislation, not to attain reform in municipal government, but to effect political and personal ends, and a fresh distribution of patronage and power for the benefit of individuals. Section 3 of the bill provides for the election of a mayor on the first Tuesday of • April in every second year, who shall enter on the duties of his office on the first of May succeeding his election. Section 4 provides that whenever the president of the board of aldermen becomes acting mayor in case of a vacancy in the mayor's office, he shall continue to act as mayor until the first day 68 PiTBLio ■ Papers of Goveenob Robinson. of May succeeding the next election at which a ma_yor can be chosen. It is apparent, therefore, that if a vacancy should occur between the first Tuesday of April in any election year and the following first of May, the mayor elect and the president of the board of aldermen would both be mayor for the next two years. The bill gives each of them a clear title to the oflSce. Section 7 takes away fi-om the board of aldermen the power of confirmation of heads of departments and the chamberlain. These officers in tlie city of New York are each charged with the performance of most important duties, with great powers and responsibilities. To give to the mayor sole and absolute power to appoint and remove them, is contrary to the whole theory^of our government, and might be very dangerous to all public interests, if the oflSce of mayor should chance to fall into bad hands. Section 9 abolishes the present commission of public parks, and declares that hereafter the head of the department of public parks in said city shalL be an ofiicer called the commissioner of parks, who shall hold ofiice four years and receive a salary of $5,000. The officers of the present department of public parks have generally discharged their duties to the entire satisfaction of the public. They serve without pay, and there can be no apparent object in legislating them out of office, unless it be to place undue power in the hands of some one man. Section 10 provides that the department of public works shall have charge and control of the construction, maintenance and management of all the public squares, parks and places, and their adjoining sidewalks ; while section 11 declares that all the powers now possessed by the department of parks not continued in that department by this bill, shall be turned over to the department of public works. The sixth subdivision of the thirteenth section fur- ther declares that the department of public works shall have control of the construction, erection, maintenance and care of all buildings Public Papers of Governor Kobinson. 69 now belonging to, or hereafter to be erected for the city, except those of the police, fire, charity and educational departments. By comparing these two sections it appears tliat the act, either inten- tionally or by accident, transfers to the department of public woiTis absolute control of all city buildings in the parks. This provision will certainly result in conflict of authority between, these two departments. It seems impossible that, such radical changes in so important a department should be countenanced. It is vei-y essential to the efficiency of the park department that it should have exclusive and ample authority, not only about the grounds, but over the buildings situated within the grounds of which they take charge. I understand that in Central park alone there are build- ings used for park purposes, for housing animals and curiosities, for restaurants and similar purposes, the control of which is an abso- lute necessity to the proper government and regulation of the park. The department of public works has no other jurisdiction or control over the parks or any part of them, and the regulation of these park buildings is entirely foreign to the'purposes of its organization. There are besides these, subject to the sweeping transfer of the bill, certain buildings erected by the city and intended as an art gallery and a museum in Central park and in Manhattan square. The statute providing for the erection, of these buildings, vests in the trustees of collections designed to be placed therein, the care and control of the buildings. This bill places these buildings also under the control of the commissioner of pub- lic works, and the effect of the transfer will probably be to deprive the city of the benefit of the collections intended to be placed there. Again the twelfth section provides that the board of street open- ing and improvements shall in addition to their present powers have exclusive power to acquire title to any of the streets, roads, avenues and public places in said city. This section, if enacted, will at once become the basis of count- 70 Public Papees of Goveenoe Robinson. less litigations. Its strict language authorizes the board to acquire from the city the title to existing streets only ; it gives no power to acquire title to land required for streets, nor any grant of the powers necessary to the exercise of such authority. As I under- stand existing statutes, the present powers of this board enable them to acquire land for the purposes mentioned south of Fifty- ninth street, but they have no such power above Fifty-ninth street, and this bill gives them none, for it must be remembered that a statute 'conferring any such power is in derogation of private right and would receive a strict construction from any court. The attempt under tliis crude and general section to acquire necessary lands for street purposes would undoubtedly result in complicated litigations, with a strong probability that the city would be ultimately unsuccessful. Another very serious defect appears upon comparison of the tenth section with the first subdivision of the fpurteenth section. The for- mer provides that the department of public parks shall have charge of " the sidewalks immediately adjoining any of said public parks, squares and places." This clearly restricts the jurisdiction of that department to the sidewalk immediately bordering on any given park or square. The latter provision declares that the department of public works shall have charge of " the streets, roads, avenues, and places of the city, not including any of such works within any park or place or in or on the sidewalks of any street, road or avenue immediately adjoining any park or place." ' This excludes from the control of the public works department, both sidewalks of every street bordering on a public park or place. The tenth section hav- ing given the department of parks control of only the sidewalk adjacent to the public square, it is clear that one sidewalk on every street contiguous to any public square is utterly beyond the juris- diction of anybody. One of the gravest objections to the bill is its attempt to transfer the control of the department of docks to a bureau in the depart- Public Papers of Goveenoe Eobinson. 71 ment of public w'orks. There is no greater or more important interest connected with the commerce of the city With all parts of the world, than its immense line of docks, wharves and slips extending already a distance of about fifteen miles around the city, and destined to extend much further. The proper management of , this immense line is of the utmost importance to the commercial- interests of the city; it lies at the very entrance of the great com- mercial operations of the metropolis. There is no department requiring a more honest and able administration. I am informed that there is no complaint of the faithful and efficient manner in which the aft'airs of that department are conducted by the present commission, and yet the bill proposes to abolish the commission and to transfer all its powers and duties to a subordinate officer to/ be appointed by the commissioner of public works, and to be called an "engineer of docks." The impropriety of such a change must be apparent to every one. In all the discussion which has taken place before me, no one has attempted to defend this portion of the bill. It is moreover alleged to be in violation of the Constitution. Section 2 of article 10 of the Constitution provides that all city , officers whose election or appointment is not provided for by the Constitution shall be elected by the electors of the city, or appointed by such authorities thereof as the Legislature shall des- ignate for that purpose. This bill delegates extensive governmental powers affecting private property, not to any city officers elected by the people or appointed by any designated city authority, but to, a bureau whose chi«f officer is called the engineer of docks. No specific duties and no defined powers are devolved either on the bureau or its head, althougb by implication the whole govern- mental power now existing on the subject is sought to be given to an inferior officer of a department of the city government. If he has this power he is a city officer and constitutionally should be elected or appointed as above; if he has not this power, the con- 72 Public Papees of Goveknoe Robinson. trol of this vast interest is nowhere and is not committed to anybody. Another expensive change proposed by this bill is that, in the event of its becoming a law, the department of public works, , which is compelled to do its work upon contract furnished on sealed bids, would be unable to receive or use the services of prisoners and paupers in the erection of buildings necessary for the purposes of the department of charities and correction. Such buildings, during the last few years, have been erected at a merely nominal cost to the city, by utilizing such labor. This bill, if enacted, would compel the treasury to pay for out- side labor upon such erection, while the classes named would be • supported from the same treasury in idleness. Section 20 provides that the head of the department of public charities and correction in said city shall, hereafter, be two officers, called the commissioners of public charities and correction. The commissioner, who was president of said department, on the first day of March, 18T7, and the other having the shortest term to serve, shall be the commissioners. The third commissioner now existing is legislated out of office. Section 21 of the bill provides that the fire department of the city shall hereafter have for its head a commissioner, to be known as fire commissioner of the city of New York ; that the commis- sioner who was president of the said department on March first last shall be the liead of the department until the expiration of his present tej-m of office, or until a vacancy occurs as now pro- vided by law. Section 25 enacts that the head of the police department shall be composed hereafter of two persons, and declares that the com- missioners who were president and treasurer of said board, on March first last shall continue to be such commissioners, while the office of the other commissioners shall cease after the passage of this act. Public Papers of Goveenoe Eobinson. 73 Of these three provisions it is hardly necessary to say that they are all in conflict with section 2 of article 10 of the Constitution. The officers of these three departments can constitutionally only be appointed by the electors of the city, or some city authorities designated by the Legislature for that purpose. They were elected as members of boards in which they exercised far less power than those delegated to them by this bill. The effect of these three sections is nothing more or less than a legislative election of the officers named to new positions created by this act. The same question has been substantially heard and settled by the Court of Appeals in several reported cases, notably in the People against Albertson (55th New York, 56) ; Warner against the People (2d Denio, 272) ; The People against Draper (15th New York, 540),- and numerous others. In any event, if this bill should become a law, these changes will become fruitful soui'ces of litigation. Besides the constitu- tional question, the provision as to the fire department has two glaring defects. First. It legislates out of office two of the present commis- sioners, and legislates into office as sole autocrat of the department the present president of the commission, already under serious charges of official malfeasance, giving him absolute control of the department. Second. It gives to the fire department the incongruous duty of supervising buildings, now devolving upon the commissioner of buildings, when their duty, above all others, needs to be con- fined to the special objects for which they are organized, to wit, the extinguishment of fires. Section 29 of this bill declares that the counsel of the corpora- tion shall, in virtue of his office, be public administrator of the city of New York. This section is plainly unconstitutional. The public administrator has been a city officer of New York since 1815, and in all that long period very few changes in his powers 74 Ptjblio Papers of G-oveenor Robinson. and duties have been made. The office is within the meaning of the constitutional provision above cited, and to make the corpora- tion counsel public administrator, is simply to legislate an indi- vidual into an office. It is needless to go further into the details of this bill. Almost every section of it is defective, abounding with inconsistencies and crude or unconstitutional provisions. Claimed to be in the inter- est of economy, it is very evident that its imperfections are likely to cause much more loss than gain in that direction. I abstain from any discussion of the subject of a spring election. There are wide differences of opinion between good men upon that question. It must be borne in mind that the experiment was tried for many years, but it was abandoned under the general belief that its advantages were not sufficient to justify the unavoid- able expense, excitement and labor attending it. More recently a December election was tried for a short' time and then abandoned for the same reasons. The great need of the city is a charter framed upon sound and comprehensive principles for the protection of the rights and inter- ests of the people without regard to office holders, office seekers or schemes of personal profit. When such a charter shall be adopted ; shall restore to the people of the city the right of local self-gov- ernment without legislative interference in its municipal affairs; shall sweep away the huge mass of partial and corrupt legislation under which the city has been buried ; shall provide for the fund- ing of the immense debt at a moderate rate of interest and forbid the creation of any more ; we may expect a brighter and better day for the city. Until then all such crude and imperfect acts as the one herewith returned, will only add to the confusion and uncertainty which now prevails. L. ROBmSON. PtTBLio Papers of Govbenoe Eobinson. 75 Yeto, Assembly Bill No. 609, authoeizing School Disteict No. 8, Town of Pike, Wyoming County, to sell poetion of School- House Site. STATE OF NEW YOEK : Executive Chambee, j Albany, May 18, 1877. \ To the Assembly : I return, without approval, Assembly bill No. 509, entitled "An act authorizing the inhabitants of school district No. 8, in the town of Pike, county of Wyoming, to sell a portion of their school-house site.'' The power sought to be conferred upon the school district in question by this act may be granted to it by the board of super- visors of Wyoming county, in accordance with the provisions of chapter 482 of the Laws of 1875. If the authority is to be given on principle,- it should come from the supervisors and not from the Legislature. L. EOBINSON. Veto, Assembly Bill, No. 279, to change Bulk-heads and Piee Lines of Newtown Cee'ek, poet of New Yoek. STATE OF NEW YOEK : Executive Chambee, , \ Albany, May 18, 1877.) To the Assembly : I return, without approval, Assembly bill No. 279, entitled ''An act to change the bulk-heads and pier lines of Newtown creek, in the port of New York." It is self-evident that any alteration in bulk-head and pier lines, such as is attempted by this bill, should be made, if at all, with very great care and accuracy. An examination of the lines proposed to be established, and their description and monuments, 76 Fdblio Papers of Goteenoe Robinson. show ihe want of this care. The bulk-head and pier lines pf Newtown creek were established by chapter 763 of the Laws of 1857, after careful investigation by a commission appointed by chapter 121 of the Laws of 1855. Accurate maps of these lines are filed in the oflSce of the Secretary of State. I am advised that since their establishment considerable encroachments have been made beyond them by various riparian owners, as appears from a comparison of the map accompanying this bill, and the original now filed in the office of the Secretary of State. The object of this bill is apparently to so change the former lines as to embrace and legalize these encroachments. Without stopping to discuss the propriety of such an enact- ment, it is suiBcient to say that neither the map accompanying this bill, nor the description in the bill itself, locates the lines proposed with proper accuracy. No distances or courses are given, and the initial and terminal points are vaguely described, the lines not being located by proper ofl'sets from known monu- ments or points. It is very doubtful if a competent engineer could accurately lay out the lines proposed, or locate bulk-heads or docks under them. These views, which are corroborated by the State Engineer, after careful fexamination of the provisions of this bill, render it my duty to disapprove it without regard to the question whether its enactment is or is not desirable. There is an addi- tional reason for objecting to the bill, in the fact that a commis- sion was appointed by the President of the United States to revise the lines of the Brooklyn side of the New York harbor in accordance with the request of the Governor, under concurrent resolutions of the Senate and Assembly, passed in 1872. The report of the commission as to the proper location of that part of the lines mentioned in the present bill has not yet been received, and until it is made it seems hardly proper to forestall Public Papers of Goteenoe Eobinson. 77 their action by fixing in a private bill any portion of the bound- aries upon which the commission has been instructed to report. L. ROBINSON. Veto, Senate Bill No. 293, Regulating- Payment of School Moneys. STATE OF NEW YORK : Executitb Chambee, ) Albany, Hay 18, 1877. ) To the Senate : I return, without approval, Senate bill No. 293, entitled, " An act regulating-the payment of school moneys apportioned to the several counties of the State. ■ Chapter 567 of the Laws of 1875 provides as follows: "The moneys so annually apportioned by the superintendent shall be payable on the-first day of April iiext, after the apportionment to the treasurers, of the several counties, and the chamberlain of, the city of New York, and the said treasurers and chamberlain shall apply for and receive the same as soon as payable." Chapter 760, of the Laws of 1873, provides as follows ; "And every county shall pay its quota' of State taxes into the State treasury, the one-half on or before the fifteenth of April, and the" other half on or before the first day of May in each and every year hereafter." The total apportionment of the several counties for 1877, from the school tax and school fund is, $3,043,125, and this sum is pay- able on April first, and is derived from taxes none of which are received before April fifteenth. I need hardly remark that this is impossible. There seems no good reason to make the support of the schools a first lien u|)on the revenues, and it is not improbable that taxes 78 P0BLIO Papers of Goveknoe Kobinson. may be received so slowly at times that the withholding of the entire school tax, as provided by this bill, would leave the treasury bankrupt. Out of sixty counties, but five raise more by tax for the school fund than is apportioned to them. One of these, New York, raises $1,503,983.85, and is appoj-cioned but $543,926.75. It contributes nearly $1,000,000 to the support of schools in the interior of the State. This money should be in the treasury before permission is given to draw against it. I am firmly convinced that existing laws furnish as perfect a remedy as can be devised with safety in the matter, and believe the enactment of this bill would be a dangerous innovation upon the long-settled practice of the State. L. EOBINSOK Veto, Senate Bill No. 53, to Amend Revised Statutes Eelat- iNG to Assessment and Collection oe Taxes. STATE OF NEW YORK : Executive Ohambee, | Albany, May 18, 1877. j To the Senate: I return, without approval, Senate bill No. 53, entitled " An act to amend the Revised Statutes in relation to the assessment and collection of taxes." The object of this bill is simply to add to the section amended, the words " and bonds and mortgages, notes or other securities, wherever executed, payable or situated, owned by a resident of this State." I suppose it to be true that every dollar of property subjected to assessment and taxation by the amendment proposed, is already liable to such taxation under the law as it now stands. If it be necessary to recite one class of securities for personal property as especially liable to taxation, every other class of invest- PiTBLic Papers of Goveehoe Robinson. 79 ments should be likewise particularized. Xhe inference drawn from the special mention of bonds and mortgages in the amend- ment, is that tlie present law does not authorize the State to levy taxes upon the property which that class of security represents. .This is an erroneous view, and the amendment would simply be a sort of barnacle on the statute. L. ROBINSON. Yeto, Senate Bill No. 29, Relating to Suerogate's Couet, Eeie County. STATE OF NEW- YORK: ExEctmvE Ohambee, Albany, May 21, 1877. To the Senate : , \ I return, without approval. Senate bill No. 29, entitled " An act in relation to proceedings in the surrogate's court of the county of Erie, and to the powers and jurisdiction of the surro- gate thereof." This bill confers upon the surrogate of Erie county the equitable jurisdiction over certain trustees now residing in the Supreme Court. A similar act applying to the entire State, was returned to the Assembly without approval some time since. The reasons then given for the disapproval of that bill, apply with equal force , to the present one. It has not been shown that Erie county is in greater need of such an enactment than other portions of the State. Aside from these reasons, the present condition of the law of legal proceedings in this State is such as to render it unwise, in my judgment, to enact special local laws upon subjects certain to be treated generally within a very short period. L. POBINSON. 80 Public Papees of Goveknoe Robinson. Yeto, Senate Bill 'So. 120, Relating to Metropolitan Sani-. taet disteiot, etc., so fae as relates to qubens co0ntt, ETC. STATE OF NEW YORK: Executive Chambee, j Albany, May 21, 1877- j To the Senate: I return, without approval, Senate bill ISTo. 120, entitled, "An act to repeal chapter seventy-fonr of the Laws of eighteen hun- dred and sixty-six, entitled, ' An act to create a metropolitan sanitary district and board of health therein, for the preservation of life and health, and to prevent the spread of disease, so far as relates to Queens county, and to provide for the appointment of boards of health in the several towns of Newtown, Flushing and Jamaica, in said county, and defining their powers and duties.' " The locality mentioned in this bill, and subject to its provisions, has been for many years a part of the metropolitan sanitary dis- trict, and subject to the control of its health authorities. This act seeks to take the district mentioned out of the metropolitan sani- tary district, by repealing the provisions of the metropolitan health act, as far as it applies to Queens county. It does not appear that any particular hardship to this locality has been wrought by the operations of the act repealed, while the proximity of this part of the metropolitan district to the city of New York renders it very possible that it may, at some time, be important to the sanitary welfare of the inhabitants of the city, that its health authorities should have control over part, if not all, the territory now souglit to be taken from their jurisdiction. L. ROBINSON. ( PuBtic Papers of Goveenoe Eobinson. 81 Veto, Asbemblt Bill No. 449, Amending act to Appoint Haeboe Mastee foe the Poet of Albany. STATE OF NEW YOEK : Executive Chambee, j Albany, May 22, 18T7. ) To the Assembly : I return, without approval. Assembly bill No 449, entitled, '• An act to amend chapter three hundred and seventy-four of the Laws ot eighteen hundred and sixty-six, entitled, 'An act to amend, chapter three hundred and fifty-six, of the Laws of eighteen hun- dred and thirty -seven, entitled, An act for the appointment of a harbor master for the port of Albany.' " The provisions of this bill would be entirely void if the act became a/ law. The Supreme Court of the United States, during the past winter, has decided this very point, establishing the law to be that, under the Constitution of the United States, no State has any right to levy any tonnage, duty or tax upon vessels arriving in any of its harbors. ' L. ROBINSON. Yeto, Items in Assembly Bill No. 166, to Pay Ceetain Awaeds MADE BY Canal Appbaisees. STATE OF NEW YORK: Executive ChaMbee, ) Albany, May 22, 1877. [ To the Assembly : I transmit herewith a copy of the statement of the items of appropriation to which I object, contained in Assembly bill No. 166, entitled "An act making an appropriation to pay certain awards made by the Canal Appraisers, and to pay counsel employed on behalf of the State ; also reappropriating money to 6 82 Public Papers of Goveenor KoBiNSOir. pay certain certificates of indebtedness outstanding," in accord- ance with the provisions of section 7 of article 4 of the Constitution, L. EOBINSON. Statement of items of appropriation objected to and not approved, contained in Assembly bill No. 166, entitled "An act making an appropriation to pay certain awards made by the Canal Appraisers, and to pay counsel employed on behalf of the State ; also reappropriating money to pay certain certificates of indebted- ness oustanding." "The sum of $11,741, being the unexpended balance oi $107,004.03 appropriated by act chapter 263 of the Laws of 1875, entitled 'An act to authorize the tax of one-fifth of a mill pei dollar of valuation for the payment of the awards of the Canal Board, and of the Board of Canal Commissioners, and to paj certificates of indebtedness and interest now outstanding ; passed May 12, 1875, being for the payment of the certificates issued foi work done on the Erie canal, and also the unexpended balance ol $12,973.08 appropriated by the same act to pay tlie interest or such certificates of indebtedness, and the interest thereon." These items of appropriation are for a dam known as Cazenovia dam, which is claimed on part of the State to have been for the benefit of private individuals, and payment is resisted by the State on that and other grounds. The legality "of the claim is ir litigation, and no ' appropriation to pay it is proper unless i decision is -made by the court fixing the liability of the State. L. ROBINSON. Public Papers of Governor Robinson. 83 Veto, Assembly Bill No. 383, Amending Act Reinooeporatin& THE Tillage of Little Falls bt the name of Eockton. STATE OF NEW YOEK : Executiye Chamber, j Albany, May 22, 1877. \ To the Assembl/y : I return, without approval, Assembly bill No. 383, entitled "An act to amend chapter three hundred and thirty, of the Laws ot eighteen hundred and fifty, entitled 'An act to reincorporate the village of Little Falls by the name of Rockton, and the laws amendatory thereof.' " I suppose all the matters regulated by this bill to be capable of adjustment under the general laws of the State in relation to firemen in villages. The provisions of those general acts are coniprehensive and well considered, and to them all village authorities should have recourse, rather than to legislative interference. L. ROBINSON. Veto, Assembly Bill No. 540, to Prohibit Interments in the Burial Ground belonging to the Society of the First Methodist Episcopal Church, in the Town of Carleton, ETC. STATE OF NEW YORK: Executive Chamber, ) Albany, May 22, 1877.) To the Assembly: I return, without approval, Assembly bill No. 540, entitled '"An act to prohibit the interment of the dead in the burial ground belonging to the Society of the First Methodist Episcopal Church of the town pf Carleton, Orleans county, located at Kuckville in said town, and to authorize the removal of the dead from said ground." 84 Public Papees of Goveenoe Robinson. The action sought to be taken by this bill is unnecessary, because it comes within the powers granted to boards of supervisors, by chapter ^82 of the Laws of 1875. The bill, upon its face, seems to be simply a legislative exercise of powers belonging to the boards of supervisors ; and, if it is not, the proper course for the« parties interested, is to seek an amend- ment of the general law, and not special legislation for their own case. L. ROBIKSON. Yeto, Assembly Bill Ifo. 597, Authoeizing Teustees of Sara- toga Speings to Remove Bodies in the Nelson Steeet Btteting Ground, etc. STATE OF NEW YORK: Executive Chamber, ) Albany, May 22, 1877. [ To the Assembly : I return, without approval, Assembly bill No. 597, entitled "An act to authorize the trustees of the village of Saratoga Springs, to remove the bodies buried in the Nelson street burying ground or cemetery." Chapter 482 of the Laws of 1875, delegates to the board of supervisors of Saratoga county, power to take the action intended by the Legislature in this bill. The act is, therefore, unnecessary and in violation of the present policy of the law. L. ROBINSON. Public Papees of Goveenoe EobInson. 85 Veto, Assembly Bill, not feinted, in Relation to Metho- dist Episcopal Ohuech, in Watkins, N. Y. STATE OF NEW YORK : . Executive Chambee, ) Albany, May 22, 1877. \ To the Assemily : I return, without approval, Assembl_y bill, not printed, entitled "An act in relation to the First Society of the Methodist Episcopal Church, in the village of Watkins, Schuyler county, N. Y." The objects of this bill may be attained under general laws. It is, therefore, improper that special legislation should be secured to accomplish them. L. ROBINSON. Veto, Items in Assembly Bill No. 511, foe the Maintenance of THE Canals. .1 STATE OF NEW YORK : ' Executive Chamber, Albany, May 22, 1877. To the Assemhly : I transmit herewith a copy of the statement of the items of appropriation to which I object, contained in Assembly bill No. 611, entitled " An act making an appropriation to pay the expenses of the collection of tolls,, superintencence, ordinary repairs and maintenance of the canals for the fiscal year commencing on the first day of October, one thousand eight hundred and seventy- seven," in accordance with the provisions of section 9 of article 4 of the Constitution. L. ROBINSON. Statement of items of appropriation objected to, and not approved, contained in Assembly bill No. 511, entitled "An act making an appropriation to pay the expenses of the collection of 86 Public Papers of Goveenoe Robinson. tolls, superintendence, ordinary repairs and maintenance of canals for the fiscal year commencing on the first day of October, one thousand eight hundred and seventy-seven." " For raising road-bed in the towns of Fort Ann, pursuant to chapter five hundred and forty-four of the Laws of eighteen hundred and seventy, the sum of $2,000, which work may be done by the Canal Commissioner in charge through his superin- tendent or by contract in his discretion." This item is objected to, and not approved, for the reason that the work is not absolutely necessary, and the canal revenues are not likely to be sufficient to warrant the doing of any work that can safely be dispensed with. " For the construction of an iron bridge with sidewalks and suitable abutraentsj with passage-way for towing on both sides of the canal, over the Erie canal at Austin street, in, the city of Buffalo, $10,000, or so much thereof as may be necessary, the same being authorized by chapter 108 of the Laws of 1874, providing all the requirements of said act be complied with." This item is. objected to, and not approved, for the same reasons given in objecting to the last preceding item. " For the construction of a lift bridge over the Erie canal at Exchange street in the city of Lockport, the sum of $6,000, or so much thereof as may be necessary." This item is objected to, and not approved, for the same reasons above stated. "For the construction of an iron bridge over the Mohawk basin at Arch street, in the village of Green Island, the sum of $4,000, or so much thereof as may be necessary." This item is objected to, and not approved, for the same reasons above stated. " For the construction of an iron bridge over the Champlain canal at Ship street, in the city of Cohoes, the sum of $3,500, or so much ^thereof as may be necessary." Public Papers of Govbenor Robinson. 87 This item is objected to, and not approved, for the same reasons above stated. " For the construction of an iron bridge to replace the wooden structure over the feeder at Main street in the village of Fort Edward, the sum of $1,500, or so much thereof as may be necessary." This item is objected to, and not approved, for the same reasons above stated. " The sum of $3,500 is hereby appropriated, or so much thereof as may be necessary, for the erection of a substantial iron bridge across the Seneca river, now used by the State as the Cayuga and Seneca canal. The Canal Commissioner of the middle division is hereby instructed to erect said bridge at any point on said Cayuga and Seneca canal west of Locust street, in the village of Waterloo, Seneca county, whenever the board of trustees and the president of the village of Waterloo, together with the supervisors of the towns of Fayette and Waterloo, shall in writing designate the location of said bridge, and shall have filed such designation in the county clerk's office of Seneca county, and shall have filed a copy with the clerk's certificate of said filing on the Canal Commissioner in charge." xThis item is objected to, and not approved, for the same reason above given for objecting to the appropriations for other bridges, and for the further reason that the State is not bound to build a bridge over the Seneca river. " For the construction of an iron lift bridge over the Erie canal at Brockport, the approaches to said bridge and the help necessary to tend to it be provided by the village of Brockport, $4,500, or so much thereof as may be necessary." This item is objected to, and not approved, for the same reasons above stated. " For erecting a bridge over the Champlain canal on the road leading from Waterford to Cohoes, and near the cemetery in the 88 PiJBLio Papers of Goveenoe Robinson. town of Waterford, Saratoga county, the sum of $1,000, or so much thereof as may be necessary." This item is objected to, and not approved, for the same reasons above stated. " For removing an iron bridge from Brockport and erecting the same over the Erie canal, between Earle and Kent streets in the village of Palmyra, the sura of $800, or so much thereof as may be necessary." This item is objected to, and not approved, for the same reasons above stated. " The sum of $4,500 is h.ereby appropriated for the construction of a lift iron bridge over the Erie canal in the town of Brighton, Monroe county, in place of the present bridge, provided that the expense of making the approaches and help, necessary to attend the same when erected, shall be paid by the people of that locality." This item is objected to, and not approved, for the same reasons above stated. " For building approaches to the bridge over the Erie canal at Averill street in the city of Rochester, the sum of $2,000, or so much thereof as may be necessary, providing that the owners of lots on said street release the State from damages that may be inflicted on said streets by the construction of such approaches." This item is objected to, and not approved, for the same reasons above stated. " For the expense of the collection of tolls, superintendence, maintenance and repairs of the Chemung canal for the remainder of this fiscal year, the sum of $6,0jQ0, or so much thereof as may be necessary, in jtddition to the sums now authorized by law for that purpose." This item is objected to, and not approved, because it is covered and sufficiently provided for under section four of this act. " For paying the expenses of opening and operating the Crooked" Lake canal during the present season, provided the Canal Board Public Papbes of Goveenoe Eobinson. 89 shall deem it advisable so to do, the sum of $3,000, or so much thereof as may be necessary, and provided the Canal Board shall believe the same to be for the interest of the State, and shall authorize the cbnstrnction of thfe same." This item is objected to, and not approved, for the reason that the Crooked Lake canal has been practically closed for a long time; there was no navigation upon it during the last year. .1 am informed it cannot be opened and made navigable for less than about $25,000. The tolls received on the canal in 1876, amounted to only $30.48. The money appropriated in this item, if used,' would' be wasted. "For expenses of the collection of tolls, superintendence and repairs of the Chenango canal for the remainder of this fiscal year^ the sum of $6,000,i or so much thereof as may be necessary, in addition to the same now authorized by law for that purpose." This item is objected to, and not approved, for the same reasons given for the disapproval of the item of $6,000 for the collection of tolls, superintendence, maintenance and repairs of the Chemung canal above. " For paying the expenses of the collection of tolls, superintend- ence and all repairs of the Black River canal for the fiscal year, the sum of $12,000." This item is objected to, and not approved, for the same reasons above stated. " The sum of $18,000, appropriated by chapter eight hundred and fifty of the Laws of eighteen hundred and seventy-two, for the construction of a dam across the Moose river at the old Brown Tract Forge and reappropriated by act chapter three hundred and eighty-nine of the Laws of eighteen hundred and seventy -four, is hereby reappropriated for the same purpose subject to the provi- sions of said acts, and the Superintfendent of Public Works or Canal Commissioner in charge, is hereby empowered to take and . appropriate any lands not released tinder said acts which may be 90 Public Papers of Goveenoe RoBisrsoN. required for the purpose of building said dam and bringing the proposed reservoir into successful use." This item is objected to, and not approved, for the reason that the money reappropriated is not in the treasury, it having, been diverted for another purpose by chapter four hundred and twenty- five of the Laws of eighteen hundred and seventy-six. L. -ROBllSrSOK Peoolamation Convening Senate in Extea Session. PROCLAMATION Bt Lucius Robinson, Goveenoe. Whereas, I have received from the Senate a preamble and reso- lution in the words and figures following, that is to say : "STATE OF NEW YORK: "In Senate, ) " Albany, May 22, 1877. ) " Whereas, The testimony taken in the matter of the charges against D. C. Ellis, the Superintendent of the Banking Depart- ment, will not be printed in time for the use of the Senate during the present legislative session ; and, " Whereas, It is deemed important that the case be considered and disposed of as soon as practicable ; therefore, " Resolved, That his excellency the Governor be and he is hereby requested to convene the Senate in extraordinary session immediately upon the final adjournment of the Legislature. "By order. H. A. Glidden, CUrTc:' Now, therefore, in accordance with the request of the Senate and in pursuance of the power and authority vested in me by the Constitution, I hereby respectfully require the Senate to convene in extraordinary session at the Capitol, in the city of Albany, immediately after the final adjournment of the Legislature, for the Public Papers of Governor Eobinson. 91 purpose in said preamble and resolution mentioned, and for the transaction of such other business as I may find it necessary to bring before it. In witness whereof, I have hereunto signed my name and, [l. S.J affixed the seal of the State, at the city of Albany, this twenty-third day of May, in the year one thousandeight hundred and seventy-seven. L. ROBmSON. By the Governor : D. 0. KoBINSON, Prwate Secretary. Memorandum attached to Senate Bill, not printed, entitled An Act making Appropriation for the New Capitol, the Buffalo State Asylum for the Insane, and the Hudson EivEB State Hospital fob the Insane," approved Mat 25, 1877. STATE OF NEW YORK : Executive Chamber, \ ' Albany May 25, 1877. \ The reasons given for disapproving the appropriation of $1,000,000 in the supply bill, for the New Capitol, are on their face equally conclusive against the appropriation of half a million for the same purpose in this bill. It is proper, therefore, that a sta,tement should be made of the circumstances which justify an approval of the last-mentioned appropriation. After a personal inspection of the interior of the building, I came to the conclusion that the wisest course would be to make no appropriation for the present year, and to take time to consider the matter and ascertain whether any improvement in the plans for the interior structure and use of the building could be adopted. It was with this view, and because I was unwilling that the taxes 92 Public Papers of Goveenoe Robinson. should be increased, whilst the ability to pay them was dimin- ished, that I determined not to approve the appropriation ot a million for the Capitol. But there had already been expended upon it nearly $8,000,000 ; the idea that this vast amount was to prove a total loss was startling, and a large majority' of the Legislature were unwilling that the work should cease altogether, an d were evidently determined to make an appro- priation for some amount. After the supply bill had passed containing a million of dollars for the Capitol, being $200,000 more than the amount appropriated last yeai', I requested that the bill sho uld be recalled, and the appropriation reduced to one-half that amount, and intimated a willingness to approve it if that was done. This fact was, stated and published in the newspapers, and was well understood by members of the Legislature. The bill was not ' called back for amendment, and without hesitation I vetoed the appropriation. An unsuccessful attempt was made to pass it over the veto. Many members who voted against it did so with the understanding that an appropriation for half the amount would be approved. But for this fact I should disapprove any appropriation. It will be readily seen, however, that I cannot do so under present circumstances without incurring the imputa- tion of acting in bad faith. I therefore consider myself bound in honor to approve the appropriation. It modifies the objection to it that the whole appropriation will, as I understand, be devoted to the completion of that portion of the building- intended for the Legislature, so that at the earliest practical period it may be occupied, and the question settled by actual experiment whether the building will answer any of the useful purposes for which it was intended. It is gratifying to find that even with this appropriation, the tax levy, although it contains a one-third mill tax for the Canal DebtSipking Fund, will be over $700,000 less than it was last year. L. EOBINSON. Public Papkes of Govee'noe Robinson. 93 Proclamation, Offeeing a Rewaed foe the Aeeest of the Mue- DEEEE of John Davis. PROCLAMATION Bt Lucius Robinson, Goveenoe. Whereas, It is made known to me that John Davis came to his death at Albany, by reason of w.ounds inflicted, as it is supposed, by one Edward Scully, on the night of the nineteenth instant ; and. Whereas, The said Edward Scully has fled from justice, and cannot be found ; now. Therefore, I do hereby offer a reward of $250, to be paid to any person or persons who shall cause the arrest and delivery to the proper authorities of the said Edward Scully, to the end that he may be held for trial. Given under my hand and privy seal of the State, this twenty- [l. s. j eighth day of May, in the year of our Lord one thousand eight hundred and seventy-seven. ■ By the Governor : D. 0. Robinson, Private Secretary. L. ROBINSON. Memoranda Filed with Certain Bills by Goveenoe Robinson, IN THE Office of the Secretary of State, June 23, 1877. Memoranda in h'ief of the reasons for disapproving AssemtVy Mil No. 254, entitled "An act to secure letter public administration of the city of New YorTc. " The general reasons given for the veto of the so-called " Omni- bus bill " apply with equal force to the present act. It would be a bulky addition to the existing mass of New York city statutes. It seeks to regulate many details of administration, and some of 94: Public Papers of Goveenoe Robinson. its provisions are, on their face, unobjectionable and wholesome, but the objectionable features more than counterbalance all these. It is one of a series of bills passed by the Legislature professedly in the interest of economy and reform, but which, after their intro- duction into tlie Legislature, were so changed as to make them mere cloaks of mischievous provisions which would have led to greater evils than those which they profess to remedy. There is very little doubt but that in practice it would lead to increased rather than diminished expenditures on the part of the city. There are, moreover, several provisions in it which are palpably unconstitutional, and others which are incongruous and subversive of all sound principles of municipal governments. It is immensely long, and would constitute a large volume by itself. The pressure of other duties prevents the specification in detail of all the objectionable features of the bill. It would simply add to the confusion now existing in the laws relating to the city, already so great that the judges of our highest court acknowledge their inability to construe them intelligently. What New York city needs, above all things at present, is to be let alone by the Legisla- ture until that body is ready to enact a wise and complete charter, to stand as a permanent form of local government, and to be coupled with a thorough revision of existing laws. The evils of these frequent changes in the law are greater than the suffering from any minor defects in existing laws. L. EOBINSON. Memoranda in brief of the reasons for disapproving Assembly bill No. 172, entitled '-An act in relation to the government of the city of Brooklyn. " However wise the practice of placing departments under a single head may be regarded, ii could not well be engrafted upon a system of admiijistratioH enacted solely with reference to its management Public Papees of Govbenoe BobiBtson. 95 by commissions of greater numbers. The courts have repeatedly' ..decided that such a transfer of powers as is made by this bill is not within the power of the Legislature. I am foi'ced to disapprove the bill because it is unconstitutional in every line. It is a le^s- lative appointment of one man to discharge the duties of the whole number constituting the several commissions, and there is no limitation to the term duiing which he shall exercise this sole power, and no provision against his holding his office forever. , The effect of the bill is to legislate the presidents of the several commissions into otiice for life. L. ROBINSON. Memoranda in hrief of the reasons for disapproving Senate hill No. 358, entitled "An act further to amend chapter three hun- dred and sixty-six of the Laxos of eighteen hundred and fifty- nine, entitled '■An act to establish an insu7'ance department.' " I am unable to find sufficient merits in this bill to counter- balance the various objections to it. Its enactment is urged on the ground that otherwise examinations of life insurance companies must stop. This fear is groundless. They can go on as well as they have heretofore. If the department has exhausted its appro- priation for the current year, it is barely three months until the regular appropriation becomes available, and the parties employed in the examination will, at the outside, be obliged to wait only that three months for their pay, while the average delay could not exceed six weeks. The idea that this would be creating a debt against the State, contrary to the provisions of the appropriation bill of 1876 or of any other statute, is untenable. Such a. con- sti'uction of the act would put a stop to the administration of the government, inasmuch as almost every department exhausts its appropriation before the end of the fiscal year. The act was unnecessary because subsequent to its passage a 96 Pdblio Papeks of Gtoveenoe Robinson. deficiency appropriation of $16,000 was inserted in the supply bill, which would have been made much larger if the depart- ment had asked it. The most serious objection to the bill, however, is that it over- turns the system of account which has obtained in the State finan- cial department from its organization. The present bill provides that the expense of examinations shall be paid directly to the superintendent by the companies examined. No entry or sugges- tion of the amounts, purposes or items of the expenses is to be made upon the books of the financial department of the State; and although the Comptroller is required to audit the bills, he cannot pay them, and no provision is made for preserving in his office the slightest minutes of their contents and amounts. I can see no justification for such a sweeping inroad upon the book- keeping of the State. L. EOBINSON. Memoranda in brief of the reasons for disapproving Assembly bill No. 492, entitled '■^An act relati/oe to public instruction in the city of New York." There are three fatal objections to this bill. The first is, that it gives the sole power of fixing the' amounts to be raised for school purposes in the city of New York to the board of education with- out any check upon its exercise, either by the common council, the board of estimate and apportionment, or any other elected officers of the city government. This sets up an independent power within the city government, subjecting the people of the city to taxation by two separate and distinct authorities, one of which is not elective by the people. Another and .more serious objection is, that it raises the amount allowed to be expended for each scholar from ten dollars to foui'- teen dollars per annum. As the pupils number over 200,000, Public Papers of Goteenob Eobinson. 97 this increases the annual expenditure of the department by the sum of $800,000. At a time when every branch of business and industry suffers from great depression, and values, prices and labor have all greatly depreciated, it is difficult to see any reason why the yearly expenses of this one department should be increased forty per cent. Again, the bill allows the board to expend $5,000 a year for legal services. There is no propriety in such an expenditure, as the corporation counsel attends without additional compensation to all the legal business of the board that may be required. L. ROBmSON. Bills failing to become Laws by Expiration, An Act to amend "An act to amend the charter of the city oi , Brooklyn, and the various amendments thereof," passed June twenty-eighth, eighteen hundred and seventy-three, which was amended by chapter five hundred and eighty-nine of the Laws of eighteen hundred and seventy-four, and chapter six hundred and sixty-three of the Laws of 18Y5, and to further amend the charter of the city of Brooklyn. An Act to amend "An act entitled an act to amend the charter of the city of Bi'ooklyu and the various amendments thereof, passed June tWenty-eigfith, eighteen hundred and seventy- three, and to further amend the charter of the city of Brooklyn," as amended by an act for that purpose, passed June first, eighteen hundred and seventy-four, and as further amended by an act for that purpose, entitled "An act to amend the charter of the city of Brooklyn," being the act for that pur- pose, passed June twenty-eighth, eighteen hundred and seventy- three and the act for that purpose passed June first, eighteen hundred and seventy-four, passed June twenty-first, eighteen hundred and seventy-five. 7 98 Public Papers of Goveenoe Robinson. An Act relative to public instruction in the city of New York. An Act to provide a station-house, prison and lodging-house for the thirtieth police precinct of the city of New York. An Act to provide for the revision of the laws relative to the administration of justice in the district courts of the city of New York. An Act to provide for the raising of moneys to defray the expense of paving Boston avenue and Third avenue, from "West- chester avenue to the northerly boundary of the Twenty-third ward in the city of New York. An Act to establish a court in the city of New York, to be known as the " City Court of New York," and to abolish the Marine Court of said city. An Act to provide for the construction, repair and improvement of docks, wharves, piers, slips and bulk-heads in the city of New York, and for the management and control of the same. An Act relating to the coroners of the city and county of Nei^ York, their duties and compensation. An Act to amend chapter four hundred and thirty-two of the Laws of eighteen hundred and seventy-six, entitled "An act to provide for a further supply of pure and wholesome water for the Twenty-third and Twenty-fourth wards of the city of New York." An Act in relation to street improvements in the Twenty-third and Twenty-fourth wards in the city of New York. An Act in relation to the repairing of streets, south of Four- teenth street, in the city of New York. An Act to make further provision for the payment of further expenses of the local governmeiiit of the city of New York. An Act relating to the office of the commissioner of jurors in " the city of New York. An Act to secure better administration in the local government of the city of New York. An Act repealing certain acts and parts of acts. Public Papbes of Goveknob Robinson. 99 An Act to amend section sixteen of title three of chapter six of part first of the Eevised Statutes, entitled "Of the mode of noti- fying general and special elections." An Act to prevent fraud in the manufacture and sale of conir mercial fertilizers. An Act authorizing the formation of town insurance companies. An Act to authorize the building of an addition to the county jail at White Plains, in the county of Westchester,' and the enlargement and improvement thereof, and to provide for the using of bonds for the purpose of paying the expense thereof. An Act in relation to the compensation of overseer of the poor, town clerk and commissioner of highways in the town of Saugei*- ties, Ulster county. An Act relating to highways in the town of Eastchester, Westchester county. An Act for the better protection of persons and property, and the more effectual prevention of crime at sea-bathing places, and upon vessels plying between such places and the cities within the State. An Act to amend article three, title three, chapter six, part one of the Kevised Statutes, Jn relation to inspectors of elections in cities and towns. An Act to provide for the settlement of the floating debt of the village of Saratoga Springs. An Act to amend chapter four hundred and ninety-seven, of the Laws of eighteen hundred and seventy, entitled, " An act to establish a police force in the county of Eichmond." An Act to amend chapter two hundred and ninety-one, of the Laws of eighteen hundred and seventy, entitled, " An act for the incorporation of villages," passed April twentieth, eighteen hun- dred and seventy, as amended by chapter six hundred and eighty- eight of the Laws of eighteen hundred and seventy-one. 100 PiJBLio Papbes of Govehnoe Robinson. An Act relating to the collection of taxes in the town of Platts- burgh, in the county of Clinton. An Act to provide for the labor assessed by commissioners of highways of the towns of Camden and Annsville, Oneida county. An Act to further amend chapter eight hundred and seven of the Laws of eighteen hundred and seventy-three, entitled, " An act concerning notaries public in the counties of Kings, Queens, Richmond, Westchester and Rockland, and in the city and county of New York, and authorizing them to exercise the functions of their office therein. An Act appropriating money to pay certificates heretofore drawn by Canal Commissioners. An Act to amend chapter six hundred and twenty-eight, of the Laws of eighteen hundred and seventy-four, entitled, " An act to amend an act entitled, ' An act for the incorporation of villages,' passed April twentieth, eighteen hundred and seventy." An Act to create a board of assessors in and for the city of Utica, An Act to amend The event has demonstrated the efficiency and entire reliability of a well organized State militia. Although subjected to great priva- tions and hardships, the best discipline was observed throughout, ' 116 PtfBLio Papers op Goveenoe Robinson. and the citizen soldiers returned to their homes, carrying with them the thanks not only of their officers, but of all the law abiding citizens of the State. L. ROBINSON, Official : Commander-im^Ohief. Fkanklin Townsend, , Adjutant- General. Peoclamation, Appointing a Day of Thanksgiving. PROCLAMATION By Lucius Robinson, Goyeenoe. -In accordance with a hallowed custom, I designate and appoint Thursday the 29th day of November instant, to be observed as a day of Thanksgiving. Our gratitude is due to the Supreme Ruler of men, and of nations, for every moment of life, for all the joys that attend it, and even for the wholesome discipline which springs from its sorrows. The year now drawing to a close has been marked by many blessings calling for especial thankfulness. The seasons have been mild and fruitful ; the harvests have been singularly bountiful. General good health has prevailed. We have been exempt from the scourge of war. In the face of severe trials, the public peace and the supremacy of the law have been firmly maintained by the courage and good conduct of our own citizens. I recommend, therefore, that on the day above designated, the people of this State, laying aside their accustomed avocations, engage' in appropriate religious services, and that in the happy family reunions and social enjoyments incident to the occasion, the poor and unfortunate be remembered with generous liberality. Done at the Capitol, in the city of Albany, this second day [l. s.j of November, in the year of our Lord one thousand eight hundred and seventy-seven. By the Governor : " L. ROBINSON. Davtd C. Robinson, Private Secretary. Public Papers Lucius Robinson, GOVERNOR State of New York. 1878. ALBANY: THE ARGUS COMPANY, PRINTERS. 1878. ja.lNlNUil-L iVlJbJbSAGE a o Y E E isr O E STATE OF NEW YOBK. TRANSMITTED TO THE MSaiSLATURE JANUARY 1, 1878. JEROME B. PARMENTER, STATE PRINTER. 1878.' ^BT7rTjErcrF^rNiBJvv~$^0RK. No. 2. IN SENATE, Jannarv 1, 1878. MNUAL MESSAGE OF THE GOYERNOJl. STATE ^OF NEW YOEK: Executive Chamber, January 1, 1878. To the Legislature : The Constitution requires the Governor to "communicate by naessage to the Legislature at every session the condition of the State; and recommend such matters to them as he shall judge expedient." In the discharge of this duty I invite your attention in the first place to a general statement of the' finances. The details from which it is made up, and the condition of all the separate funds, are fully exhibited in the Comptroller's report, to which you are respectfully referred. Aggregate balance in the treasury of all the funds October 1, 18Y6 $8, 923,' 053 78 Aggregate receipts during the fiscal year ending September 30, 1877* 23, 055, 816 69 $31, 978, 870 47. Deduct payments during the year 26, 219, 436 25 Balance in the treasury September 30, 1877, $5, 769, 434 22 i Govbenoe's Message. The amount of receipts into the treasury on account of the general fund revenue, during the year ending September 30, 1877 $5 , 603 , 432 86 The payments, including $805,647.31, trans- ferred to the Bounty Debt Sinking Fund 5 , 935 , 808 01 Deficiency of the revenue Sept. 30, 1877. . $332,375 16 Balances due from county treasurers September 30, 1877, on account of tax of 1876 $855,879 81 Add amount paid on account of 1877 appropria- tions, included in the tax levy of last year, payable into the State treasury in April and May, 1878 770,598 22 $1,626,478 03 Deduct deficiency of the revenue Sept. 30, 1877, as appears in fore- going statement $332,375 16 Also, balances of 1876 appropria- tions, unpaid and in force Sept. 30, 1877 189,637 66 . 522,012 82 Actual surplus September 30, 1877 $1,104,465 21 Debt. On the 30th September, 1876,. the total funded debt was 3,315,898.58, classified as follows : General Fund $3,092,238 58 Contingent : 5,000 00 Canal ,10,081, 660 00 Bounty 10,137,000 00 $23,315,898 58 On the 30th September, 1877, the total funded debt was $10,957,054.87, classified as follows : General Fund $926,694 87 Canal • ; 9,900, 360 00 Bounty 130,000 00 $10, 957, 054 87 Goveknoe's Message. 5 Aetna! reduction of the debt during the year by cancellation $12, 358, 843 71 Aggregate anaount of debt $10)957,054 87 Deduct money and securities in the > sinking » funds intluding $31,611.39, surplus in Bounty Debt Sinking Fund 2, 281, 002 41 Total amount of debt after applying sink- ing funds $8,707,663 85 The balances in the sinking funds on the 30th September, 1877, including money and securities, were as follows : General Fund $849, 047 31 Canal ' 1,270,343 71 Bounty.... 161,611 39 $2,281,002 41 TAXATION. The tax levy for 1877 was at the rate of three and one-sixth mills. The Comptroller estimates that for the next fiscal year a levy of two and three-fourths mills will be sufficient. This is the lowest annual rate of the last sixteen years, and shows the rapid progress which has recently been made toward a sound and healthy condition of the State finances. It is in itself an earnest appeal to the Legislature for continued economy in public expen- ditures, and for great caution in making appropriations. If the local authorities will pursue a similar course, the people of the State will soon be relieved to a great extent from the burden which has so long oppressed them. Many well-grounded complaints have been made of irregular and unreasonable assessments and unequal distribution of the taxes. The wisdom of man never has been and probably never will be able to devise a system wholly free from such defects. It is, nevertheless, the duty of the Legislature to remedy them so far as practicable ; but, after all is done that can be done, the truth will remain that 6 Q-ovebnoe's Mesbagb. the only relief from heavy taxation will be found in the cutting off of all unnecessary expense. No stronger incentives to this course should be required than are now found in the depression of business and the difBculty of making payments. In this connection I note also the great wrongs which exist in the local affairs of towns and villages. There are too many small ofi5ces in the towns, thiB incumbents of which can only be paid by illegal or exorbitant fees, and petty exactions. Needless criminal com- plaints and legal proceedings are instituted that constables, justices and jailors may receive the fees of such prosecutions. Services performed and not performed, are charged at double rates, and often several times. Faithful town auditors might cut down these bills, but often shrink from their full duty, and so by the collusion, or neglect of those who should prevent it, the people are plundered to a degree even beyond that detected in the larger cities. Town and county taxes might be much lessened if this evil could be reached, and to this end I suggest that you seek to cut off superfluous offices, reduce these extrava- gant fees, charge the expense of local criminal proceedings upon the county and provide for their taxation by the county judge or some other competent officer. By these or kindred measures I believe an immense aggregate saving might be effected in money as well as morals. PAYMENT or THE BOUNTY DEBT. One of the most gratifying events of the year has been the final extinguishment of the Bounty Debt, which became due on the sev- enth of April last. The balance of the debt remaining due on that day, after deducting the amount paid in advance and all the exchanges which had been made of securities in the sinking fund, amounted to $2,040,000, the whole of which was duly deposited in the Manhattan Bank, the place of payment designated in the bonds, and notice was published that interest upon the debt would cease from that date. Previous to the close of the fiscal year on the Govbenoe's Message. 7 30th day of September last, the whole debt, principal and interest, had been paid, with the exception of $130,000, which had not been presented. It is probable that a considerable portion of this sum may never be called for. The amoimt, however, remains on » deposit to meet it. The debt has been a heavy burden upon the tax-payers of the State, the whole amount paid by them during the twelve years which it had to run being $43,270,337.47. Its com- plete and final payment is a matter for congratulation. PAYMENT OF THE GENBEAL FUND DEBT. From the moneys and securities in the sinking fund of the General Fund debt, the, sum of $2,165,543.71 has been paid, and the General Fund debt to that extent "extinguished. There remains to be paid the sum of $800,000, which does not become due until the first day of July next, when it will be paid, and the General Fund debt, which has so long been in existence, will also be fully extinguished, except a small amount invested for the pay- ment of Indian annuities. OANAL DEBT. On the thirtieth of September last the canal debt, less the bal- ances in the sinking . fund, amounted to $8,630,016.29. Of this sum $880,000 became due on the first day of December last and was paid from the Canal Debt Sinking Funds, leaving the total amount of the debt, at this date^ $7,750,016.29. But for the unfor- tunate maladministration of the canals, and the wasting, of their revenues in former years, the canal debt would also have been entirely extinguished, and we should have the satisfaction of announcing that the State was entirely free from debt. BUSINESS AND EEVENUEB OP THE CANALS. The details of the receipts and expenditures upon the canals, and the statement in regard to the canal debt and sinking fund, 8 Goveenor's Message. will be found in the report of the Auditor of the Canal Depart- ment. Jn my, last annual message I had occasion to refer to the heavy losses of the forwarders and boatmen on the canals, caused by the general depression of business, and the extraordi- nary competition of the railways, especially during the season of 1876. During that year the crops were short, the volume of business was very small, and the rates of freight insuf- ficient to pay expenses. It is very gratifying to be able to state that, during the past season, a marked improvement has taken place. The competition of the railways has been less ruinous, the crops have been unusually abundant, the business upon the canals has increased to such an extent that all the available boats have been brought into service, and full and remunerative rates of freight have been freely paid. A season of greater pros- perity for forwarders and boatmen has not been known in many years. In view of the depression and losses of 1876, and not anticipating the revival which has taken place in 1877, the tolls were reduced to an extremely low rate for the last year. Consequently the revenues have not kept pace with the increase of business. The gross amount of receipts, from all sources, was $1,053,361,01. The expenditures for superintendence, col- lection, and ordinary repairs, amounted to $1,050,329.68, show- ing an excess of receipts over expenditures, for the 'fiscal year, amounting to the trifling sum of $3,031.33 to be paid into the sinking fund. This leaves a large deficiency, to be supplied by taxation. At least a one-fourth mill tax will be required for that purpose. The gross tolls for the calendar year 1876 were $1,340,003.30, the gross tolls for the calendar year 1877 were $880,000, showing a falling off of $460,003.30. This shows a lower amount of receipts for tolls than has been known within the last forty-five years. As the Constitution limits the amount which can be expended during Govbenoe's Messase. 9 this year to the gross amount received during the last year, it will be seen from the above statement that there is an absolute necessity that the expenditures should be reduced, daring the present year, very largely. The only hope of accomplishing this necessary reduction is, in my judgment, immediate adoption of the changewf administration provided for in the amendment of the constitution, by the appointment at the earliest practicable day, of a Superin- tendent of Public Works, whose duty it will be to devise a new plan of administration and a thorough reorganization. By making this change, it is believed that the expenditures for the current year can surely be brought below the gross amount of revenues for the last year, and the service upon the canals improved in every respect. Most of the evils, waste and corruption which have disgraced the management of the canals in former years, arose from the systematic extravagance and fraud long prevalent upon them, and which had grown intft monstrous proportions, when they were arrested by the thorough investigation and reform inaugurated in 1875. All experience has shown that the navigation of the canals is not improved, but is actually damaged by large revenues, leading to wasteful, careless and corrupt expenditures. This is illustrated by the experience of the past season. The expenditures have been much lower than for many years previous, but in no one of them have the canals been in such complete order, and so free from breaks and interruptions to navigation. And yet the admin- istration, during 18T7, has been under the old cumbersome and expensive system. It is the opinion of many well-informed men that by placing the administration under one responsible head who will adopt a new system, cutting off all abuses, the canals can be successfully managed for one-half the expenses incurred during the past year. This expectation may be too sanguine and it will be imprudent to act upon it before it has been tried; but I trust it may be very nearly realized. The extraordinary and gratifying results which have been reached in the State prisons by 10 Goveenoe'b Message. the faithful and efficient supervision of one responsible head give reason to hope for similar results under like management of the canals. The legislation necessary to carry the amendment of the Constitution into effect was adopted by the last Legislature, but at too late a period to permit a superintendent to adopt a new plan and perfect a new organization before the open- ing of navigation. I trust that no unnecessary delay will now occur in carrying into effect the amendment which has become vital to the prosperity, if not to the very existence, of the canals. The improvement in canal transportation in the last- season did not commence uirtil about the first of July. From that date till the close of the season the number of boats which could be brought into use was found ihsufiicient to meet the demands upon them. It is confidently expected that the improvement will con- tinue throughout the whole of the coming season, and that new boats will be built sufficient to supply this deficiency. If this expectation shall be realized the canals will show that they have passed safely through the crisis of financial disaster, and that they will henceforth be able to meet the requirements of the Constitu- tion, and at the same time secure the prosperity of those who navigate them. To say they cannot do this is a confession of weakness and decay which their friends will be unwilling to make. THE LATERAL CANALS. A reference to the comparative table in the auditor's report giving the income and payments of each of the canals shows that of all the canals iu the State only the Erie earned more than its expenses, and that while that yielded the small revenue of $84,840.88 over expenses, nearly all the others failed to produce a half or even a fourth of the sums expended to keep them in repair. AH the laterals south of the Erie except the Cayuga and Seneca are practically abandoned. No further expenditures should be Govebnob's Message. 11 made upon them. Those north of the Erie, required by the Con- stitution to be kept, give results of a very discouraging nature. The Oswego canal shows receipts of $20,473.40,, expenditures of $60,994.29 ; the Black Eiver receipts of $15,711, expenditures of $54,381.23 ; the Champlain receipts of $6S,161.77, and expenbusiness will warrant and the parties can agree upon. If a surplus of unemployed laborers still remains there are open to all in this great country countless millions of fertile acres of land upon which every industrious man can be sure of securing for himself and femily at least a comfortable subsistence. One of the greatest evils resulting to the laboring men, from the false and delusive appearances which have been displayed before them, is that they have been induced to leave the safe, peaceful and independent walks of agriculture, to congregate in the large , cities, and there to watch and wait for something that they fancy might yield them larger returns than they could hope for from the cultivation of the soil. But, by following faithfully and earnestly the r«ad here indicated, it will not be very long before business and trade will be restored to their natural channels and laborers receive full employment with fair wages. All efforts to delay this resplt will do no good but infinite . harm. The worst thing that could possibly happen to business and to labor, would be any thing approaching a return to the unsound and vicious condition of things 16 Gtoveknok'b Message. which has so long prevailed, and from which we are now slowly emerging. It can have no possible result but another downfall and a more wide-spread ruin. If, ia the meantime, any legislation ip found necessary and practicable for the protection of the labor- ing classes against frauds and wrongs on thft part of the individuals or corporations by whom they are employed, it should be promptly undertaken with a proper sense of thg importance of the great interests involved. EIOTS OF JULY. Times of distress like those above referred to, never failed to open a wide field to a class of agitators and demagogues, who, whilst declining to work themselves, make it their business to go amongst honest men who would labor if they could find work, and endeavor to stir up strife and discord. During the last summer these agitators, reinforced from every large city in Europe, were unusually active and malignant. Spreading them- selves all over the country, they endeavored to create discon- tent among all those who had employment and to stir up the evil passions of those who had not. Combinations were formed for strikes on all the principal railway lines and in all the large mining and manufacturing establishments. These efibrts culminated in wild scenes of riot and bloodshed in several States. Like scenes were threatened in this State on the first of July and broke out in acts of open violence on the 21st of that month. The trains upon the Erie and New York Central rail- ways were forciblj.^ stopped, the depots, freight-houses and rolling stock taken possession of by violence and threatened with destruc- tion by fire ; honest and innocent laborers and emplpyes who refused to abandon their work and their places were forced from the trains or driven from the shops. Excited crowds of men were collected at Albany, at Syracuse, at Buffalo, at Horn- ellsville, at Coming, at Elmira, and the peace of the city of New York was seriously threatened. In this condition of things it was Woveenoe's Messagi!. it impossible to hesitate as to the course to be pursued by the Chief Magistrate of the State. Much as all men are dependent npon the laws for protection there is no one class more constantly in need of it or over whom its protecting power should be more constantly exercised than the poor and laboring. And, greatly as our sympathies might be exercised in their behalf^ when wicked and evil disposed men undertook even in their name to set the govern- ment at defiance and to overturn the laws made for their protec- tion, it was incumbent upon the authorities at once to vindicate the majesty of the law and make its power felt. Seeing, the magnitude of the disturbance and the danger of its spreading over the whole State, the entire force of the National Guard was ordered under arms to hold itself ready to move at a moment's notice. The manner in which the military forces of the State responded to this order was worthy of all praise. The Fifty-fourth regiment of Eochester, the Seventy-fourth of Buffalo, the One hundred and tenth battalion and battery of Elmira, and the Twenty-third regiment of Brooklyn were first ordered to Hornellsville, where the disturbance commenced. The Ninth regiment of New York, the Tenth and Twenty-fifth of Albany, the Troy Citizen's corps and the Tibbits corps of Troy, with some separate companies, were ordered to Albany. The Albany Burgesses corps and the Jacksdn corps volunteered their services and were accepted. The forty-ninth regiment of Auburn, the Sixty-fifth of Buffalo, and several separate companies were ordered to Bufialo, the Fiftieth battalion, of Ithaca, was ordered to Elmira, and the Eighth regiment, of New York, to Syracuse., The several regiments, battalions and companies above mentioned, moved to the respective points designated, with extraordinary rapidity and good order. Their behavior throughout was highly creditable to their discipline and training as citizen soldiers. One of the most dangerous modes of interfering with the 3 18 Goveestoe's Message. operating of the railways was the tearing up of the tracks and the placing ot obstructions upon them for the purpose of wrecking trains, thereby imperiling the lives of passengers and destroying the property in process of transportation. Fortu- nately, the Legislature, at • its last session, passed an act inflict- ing severe penalties upon parties guilty of this monstrous crime. Along with the movements of the troops above mentioned, I issued a proclamation reciting the provisions of the said act, and offering a reward of $500 for the arrest and conviction of any person guilty of its violation, and calling upon all magistrates, sheriffs, and district attorneys to be vigilant in the prosecution of offendere. The measures thus taken proved entirely effectual. Within one week from the outbreak of the disturbances they were entirely suppressed, peace and good order restored, and the military forces dismissed and returned to their homes, without bloodshed or serious destruc- tion of property. The accounts for the services, transportation and subsistence of the troops have been carefully examined and audited by the Adjutant-General, and with a few trifling exceptions, paid. The aggregate amount, it is believed, will not exceed $230,000. Only a few applications have been made for the reward offered iu the proclamation above referred to. The offer of the reward having fully accomplished its immediate object, I have, in view of the convening of the Legislature, withdrawn it. I recommend, how- ever, some increase of the usual appropriation from which rewards for the apprehension of criminals are paid. THE NATrONAL GUARD. At the present time the National Guard consists of eight divisions, fourteen brigades, one regiment and eleven separate troops of Cavalry, one battalion and eleven separate batteries of Artillery, and twenty-four regiments, seven battalions and twenty-one separate companies of Infantry ; in all comprising 1,152 commissioned offi- cers, and 18,883 non-commissioned officers, musicians and privates, making an aggregate force of 20,035. Goveenoe's Messaob. 19 The report of the Adjutant-General, to which I invite your care- ful attention, shows in detail the number and organization of the military forces of the State. It also gives the details in full of their operations during the exciting riots in July last. The discipline and efiBcieney of the forces were illustrated in a most gratifying manner during the severe trials through which they were called to pass. Ordered suddenly to duty, without time for suitable preparations for a campaign, they moved without a murmur, and with extraordinary rapidity to their assigned positions, and their behavior throughout was in the highest degree creditable to them. The events and the results show the necessity of an efficient and well-organizied military force of its own, in every State that would maintain its independence and the supremacy of its laws, with- out calling upon the federal government. Whilst the services to which I have referred prove the generaL excellence of our organization in this State, they also disclose certain points in regard to which improvements are possible and important. Several regiments and brigades were found to contain very few men but a full number of officers. These have been undergoing disbandment to a large extent, by which efficiency will be gained and expense saved. The Adjutant-General urges in his report, the importance of organizing a separate company in each county where there is no regiment or bat- talion. Such companies, with full numbers and good officers, would be at all times available at the call of the sheriffs of the several counties in case of local disturbances, and it was found by experience during the last summer, that companies of this class performed excellent service and were easily formed into battalions or attached to other organizations. I cordially approve the recommendation of the Adjutant-General in this respect, and also such increased appropriations: as -will enable every enlisted man in the force to be fully equipped without personal expense to himself. ZU VTOVJCKMOJJ B iU.J!;BBA.trJt. COMMON SCHOOLS. The Superintendent of Public Instruction has given to me the following statistics : Total receipts, including balance on hand Sept. 30, 1876 $12,110, 903 63 Total expenditures 10,976,234 45 Amount paid for teachers' wages 7,916,633 51 Amount paid for school-houses, repairs, furni- ture, etc .... ' 1, 358,404 35 Estimated value of school-houses and sites 30,386, 248 GO Number of school-houses 11, 833 Number of school districts, exclusive of cities. . 11, 287 Number of teachers employed for the legal term ' of school 19,737 Number of teachers employed during any por- tion of the year '....• 30, 161 Number of children attending public schools. . . 1,023,715 Number of persons attending normal schools.. 6,045 Number of children of school age in private schools 117,154 Number of volumes in the school district libra- ries 765, 546 Number of persons in the State between the ages of five and twenty-one years 1 , 586 , 234 It will be seen from the foregoing statement that the money raised by taxation for the schools of the State, amounts to much more than double the sum required to pay the entire expenses of the State government, executive, legislative, judicial, civil and military. The expenditure of so large an amount of public money for any purpose, is liable to lead to great abuses, as has been shown in all our past experience. In my judgment, a very great wrong has already grown up in connection with our otherwise excellent system. It lies in the principle of apply- ing large amounts of the moneys raised by taxation, to the support Goveenok's Message. ■ 21 of high schools, and instruction in all the . sciences and higher branches of study required in the learned professions. I can find no excuse for raising money by general taxation for such purposes. The only good reason which can be urged for taxing one class of citi- zens for the education of the children of another class, is the neces- sity of , giving to the children of all classes a sufficient common school education to enable them to understand their dutieis, and exercise their rights as citizens of a free country governed by the popular voice. When we go beyond- this and take from one man the money necessary to educate the children 6f another man in the arts and sciences, we perpetrate an act of injustice under the forms of law. What is worse than this, instead of educating the masses of children so as to'prepare them for the pursuits and industries upon which they must depend for a living, we educate them in such a way as to mate them discontented with their condi- tion, unfit to discharge its duties in a manner most beneficial to their own interests, and take away the strong incentives which impel those who are really able and worthy to win for themselves high positions in learning and usefulness. When the State has given to all the children a good common school education, it should there leave them to their own resources, and to follow such callings in life as their capacities fit them for. To go beyond this, is to injure rather than benefit them. These and several other suggestions upon this subject were referred to in my last annual message, with a caution to avoid any abuses of our school system which would bring it into disrepute, and loosen the hold which it now has upon the favor of the community. I commend these suggestions to your consideration. COLLEGES AND ACADEMIES. The system of higher education in the colleges, academies and high schools continues in successful operation. The details of the condition and working of these institutions, for the last year, will be fully exhibited in the annual report of the 22 Govebnoe's Message. Kegents of the University, to be transmitted to the Legislature early in the session. CONSTITUTIONAL AMENDMENTS. Among the changes made in our Constitution, in 18Y4:, were many restricting the powers of the Legislature in certain cases. These limitations are so constantly liable to infringement, in the hurry of legislative business, that I deem it proper to call special attention to the amendments themselves. Section 18 of article 3 provides that " The Legislature shall not pass a private or local bill in any^ of the following cases : " Changing the names of persons. "Laying out, opening, altering, working or discontinuing roads, highways or alleys, or for draining swamps or other low lands. " Locating or changing county seats. " Providing for changes of venue in civil or criminal cases. " Incorporating villages. " Providing for election of members of boards of supervisors. " Selecting, drawing, summoning or impaneling grand or petit jurors. "Regulating the rate of interest on money. " The opening and conducting of elections, or designating places of voting. " Creating, increasing or decreasing fees, per centage or allow- ances of public oflScers, during the term for which said officers are elected or appointed. . ' " Granting to any corporation, association or individual the right to lay down railroad tracks. " Granting to any private corporation, association or individual any exclusive privilege, immunity or franchise whatever. " Providing for building bridges and chartering companies for such purposes, except on the Hudson river below Waterford, and on the East river, or over the waters forming a part of the bound- aries of the State." Govbenoe's Message. 23 Section 19 of article 3 is as follows : " The Legislature shall neither audit nor allow any private claim or account against the State, but may appropriate monfty to pay such claims as shall have been audited and allowed according to law." Section 24 of article 3 provides that " The Legislature shall not, nor shall the common council of any city, nor any board of super- visors grant any extra compensation to any public officer, servant, agent or contractor." . The aim of these changes was to limit legislative action in matters of which it is impossible that the Legislature should have accurate knovvledge. Of the great number of bills which I was unable to approve at the last session, a majority infringed some of these restrictive pi'ovisioiis, and as this doubtless arose from oversight, I have thought proper to insert them here. GENEEAIi LEGISLATION IN APPEOPEIATION BILLS. 1 refer again to the very objectionable' practice which has pre- vailed of enacting general legislation in appropriation bills. It places legislative provisions where no one ever expects to find them, and puts them beyond the reach of disapproval by the Grovernor, unless he vetoes the whole bill in which they are contained. There was less of this mischief in the appropriation bills of last year than had become usual, but there was too much of it. It should be dis- continued altogether. VILLAGE OHAETEE AMENDMENTS. For some years past it has been the policy of the Constitution to lessen local and special legislation. I need not dwell on the great extent to which this class of statutes had swelled at the time the people, by amending the Constitution, sought to diminish it. The settled purpose of the people is to commit this entire subject to general laws. Yet localities still attempt to defeat this aim and to return to the old and evil path of special charters and special provisions. Although villages can not now be so chartered, 24 Goveenoe's Message. and the general act provides that those organized before the Con- stitution was amended may take the benefit of the new system, efforts are often made to amend the old charters by special acts and thereby secure a new special charter under the guise of an amend- ment. In nearly every case such amendments are directly in con- flict with the policy and provisions of the general statutes, and seek by means more or less unworthy to gain local advantage at the expense of general policy. Careful reflection on this subject has convinced me that far less evils will result from a refusal to enact or approve the mass of amendments proposed to these special village charters, and the reference of the whole subject of village grievances to the general laws provided for their regulation. This course I earnestly urge you to take, believing that the great relief it will give to the overburdened files of the Legislature and executive, will more than compensate for any occasional friction in the adjustment of local affairs. THE CITY OF NEW TOEK. The vast and increasing population and business of the-city of New Tork, its position as the commercial metropolis of the western world, the rapid extension of its limits, its large corporations and institutions of various kinds, its political power, its immense trade and its financial and commercial interests, render its proper, economical and efficient government a problem of the highest importance, and of very serious difficulty. About twenty years ago, the embarrassments which had arisen in the local government led first to the establishment of legislative com- missions to control various departments, and finally transferred to the State capitol nearly all the appropriate powers of the common council. Since then at every session of the Legislature the Senate and Assembly have, to a large extent, presented the appearance of a board of aldermen and assistant aldermen for the city of New Tork. The result has been disastrous in Goveenoe's Message. 25 the extreme. Within that time upwards of twenty-four hun- dred Jaws have been passed relating to the city. These have been, upon some subjects, so confused and conflicting, that the court of last resort has pronounced it impossible to ascertain and declare their true meaning. The enormous extent of corruption and plunder perpetrated under these laws is too well known to require repetition. It stands out as the darkest blot upon the records of the city and the State. Of the oppressive debt which hangs over the city, the amount of eighty-five millions of dollars was put upon it by legis- lative acts, for which the city itself never applied. Of the 2,400 acts above referred to, the majority of them will be found- to be, or to cover mere schemes for plunder, or to' change official power from one class of men to another. At the last session of the Legislature over 150 bills relating to the city were introduced into the two houses, and a majority of them were passed. Some of them originally contained very good provisions for remedying evils which had become intolerable, but in their passage through the Legislature there had been attached to all such provisions amendments which were intended to keep up the old and corrupt system, and which could not fail of producing more injury than benefit. Many of them were also in flagrant violation of the Con- stitution. For these reasons, and in the full conviction that it was worse than useless to pile upon the city of New York any more laws of the description of those which had been passed during the last twenty years, I returned all bills of this character without my approval. The question, " what now is to be done ? " remains an open and important one. The whole subject of municipal reform was under discussion for many months by a commission composed of very able and learned men appointed by my predecessor, and their report was made to the Legislature at its last session. The , plan of government proposed by the commission involved, how- ever, certain extensive amendments .to the Constitution. These 4 26 Govbenoe's Mbssaob. amendments were approved by the last Legislature. Under the Constitution, they must be approved by ytou also before they can be submitted to the people. If you see fit to do so, they will be referred to the people for action at the next general election. In the event that you withhold such approval, it will remain a grave question for the Legislature to determine what should be done. In my message, returning to the Assembly the bill entitled "An act to secure better local government for the city of New York," I stated that in my opinion the great want of the city was a charter. I am still of the opinion that the only effectual remedy for the evils under which the city suffers, will be a careful and well con- sidered charter in the nature of a constitution, organizing a local government with a strong and responsible executive head, with a city legislature composed of two houses, and clothed with all the powers of local legislation, subject to veto by the mayor. I beheve that such a charter may be easily framed, although it would be out of place to attempt to set forth the details of it in this message. When once fully and fairly considered and adopted, it is believed that the advantages of it would be so apparent as to induce steady adherence to it, and to the local government established under it rather than to return to the dangerous experiment of passing local laws for the city of New York by members of the Legislature, three-fourths of whom know little of the wants of the city. In the meantime, if the Legislature shall adopt any measures relating to the city which promise real and substantial relief from its extravagant expenses and oppressive taxation, and free from the evils which have marred so many previous acts, they will meet my cordial approval. J HAEB0EMASTEE8 AND POET WAEDENS. The large amount annually paid to harbormasters and port wardens in New York, is a direct tax upon the commerce of that Goveenoe's Mbbsagb. 27 port. It has been suggested to me by many persons engaged in the shipping trade, that all the services required by those officers might easily be performed by the police of the city or through the dock department, without any material increase of expense to the city, and thus exempt commerce from the heavy tax now imposM upon it. I am informed that New yoi'k is the only port where such charges are made, that nothing of the kind is known in any of the cities which assume to be her commercial rivals. It is, moreover, quite doubtful whether the legality of the charges made can be maintained under the recent decisions of the Supreme Court of the United States. I submit the matter to your consideration. EXCISE LAWS. The state of our excise laws seems to demand attention. Recently our highest court was called upon, in a case brought before it, to declare what the conditions are under which licenses to sell spirits in small quantities may be granted. Its conclusion was contrary to the construction under which the officials admin- istering the law had acted, generally by legal advice, for some years past. It may be said the provisions now in force were found not to be such as the public generally had supposed them to be. The pains taken by the court in discussing the question proves that it was one of some intricacy. The doubt was due to there being too many laws on the subject in force at the same time; and the consequent necessity of resorting to older statutes in order to find the meaning of more recent enactments and of deciding where the old and the new law conflicted, and to wkat extent repealing clauses operated. If, under such circumstances, dealers erred in construing their privileges, it would not be just to hold them to penalties as for a willful violation of law. The Legislature is bound to make its enactments explicit and easy to be understood. The decision of the court, although undoubtedly correct, was a surprise, and 28 Governok's Message. caused much excitement among all inbtested. Its enforcement, no doubt, was accompanied by hardships. "What is needed is to substitute for all existing laws on the subject a carefully prepared statute, reasonable in its limitations and restraints, clear and explicit in all its provisions, and, above all, complete in itself; to be uniformly, steadily and constantly enforced. EEAPPOETIONMENT. Among the ' duties devolved upon the Legislature by the Con- stitution, will be the rearrangement of the Senate and Assembly districts. Sections 4 and 5 of Article 3 of the Constitution expressly charge the Legislature, after each census, to so adjust these districts, that they shall contain, as near as may be, an equal number of inhabitants. From the beginning to the end of the Constitution, there is no stronger obligation placed upon the Leg- islature than this. It involves the most important right of the people, under our form of government ; their voice in the legisla- tive halls. By the terms of the Constitution, this duty should have been discharged in 1876, but it was not performed in that or the succeeding year. I do not desire to characterize this past dis- regard of the command of our highest law. I assume that the present Legislature will observe its oath to support the Constitu- tion. To adjust these districts according to the return of the census, is a matter of mere mathematical calculation. It is easy of accomplishment, if approached, as I presume it will be, in a fair and impartial spirit. Certainly we cannot expect that the people will long continue to observe the ordinary restrictions and require- ments of statute law, if their representatives who make that law utterly disregard and defy the especial mandates of the Constitu- tion they have solemnly sworn to support. LIFE INSUEANCE COMPANIES AND SAVINGS BANKS. Life insurance is comparatively new to this country, having been little known until within the last thirty years. Tlie companies U-OVEENOB'8 MESSAGE. 29 first organized to transact it, had to follow an untrodden path, and to correct errors as they gained experience. Thus feeling their way along, as their methods improved their business and usefulness increased. They now distribute many, millions annually among widows and orphans, a majority of whom would otherwise be left destitute. Such organizations, if well managed, are of inestimable benefit to the community, and deserve all needful legislative sup- port and protection. From time to time laws have been passed for the mutual protection of insurer and insured. Some of them have been extensively followed in other States. It cannot be claimed that their operation has been eminently successful. In some respects they have worked positive harm. Although a detailed review of the subject is far without the scope of this mes- sage, it is proper to instance the section of our statute requiring the deposit by every insurance company chartered in our State, and of others not making a similar deposit in their own States, of $100,000 in securities as a condition precedent to the transaction of business. Several other States have added to their laws a require- ment that companies chartered in this State should also deposit a specified amount of securities with their departments before doing business in those States. This has already resulted in hard- ship. The moneys so deposited in other States are completely beyond the control of the company which owns them, our depart- ment which supervises it, and the jurisdiction of our State courts. A perfectly solvent' company may find itself embarrassed by the increasing calls upon it for heavy deposits of securities in other States. It would seem that funds thus beyond the jurisdiction of our State, ought not to be accredited and certified by our department. Again, great injustice often attends the winding up of insolvent companies, and much of it is due to the theory of the law applicable to that subject. As would be properly prescribed for a commercial bankrupt, if the reserve of an insurance cpmpany becomes impaired, the law directs the Superintendent of the Insur- {30 Goveenoe's Message. anee Department, the Attorney-General and the courts, to wind it up and distribute its assets. This rule is unjust to those policy- holdets whose health has failed and who are, therefore, unable to procure insurance elsewhere, and also to those who, by reason of advanced age, can only secure insurance at increased cost. I think some more equitable plan of dissolution might be devised for such cases. It is now the practice, upon the application of the Attorney-General when called upon by the superintendent to place the afiairs of insolvent companies in the hands of a receiver, who, at great expense of time and money, and with invariable loss to those interested, winds up its affairs. It may well be asked if this work would not be better and more cheaply done by placing the affairs of such companies in the hands of other life insurance or trust companies of high character and of known and approved responsibility, rather than in the hands of receivers, who are strangers to the practical methods of managing this class of business. Akin to the busirfess of life insurance, in many respects, is that of savings banks. These institutions hold in trust the little treasxires of the poor. Upon their soundness and honest manage- ment depends much of that public confidence essential to the busi- ness of the country. Numerous failures among these banks have brought heavy losses upon those ill able to bear it, and stripped many of their entire savings. All that 'I have said of the insol- vency of life insurance companies, is as well applicable to the closing of savings banks. I urge the Legislatui'e to take strict account of these two classes of fiduciary corporations. Their organization, methods and needs are so nearly alike, that they may be treated together. The State which cliartered them has a right to say they shall be faithful to those who trust them. To that end it should hold them to a strict accjountability. It is a lamentable fact, that many organiza- tions in both these great lines of business, have beem found utterly tiovEKNOB'a Messa&e. 31 unworthy of trust during the past few years. Life insurance com- panies have engaged in reckless compietition, paying exorbitant commissions and investing in cogtly buildings and equipments. Savings banks, not content with filling their prdl^er sphere as cus- todians of small savings, have sought to extend their business by obtaining deposits of large amount, a course which I depre- cated in my last message. They,, too, haive been guilty of improper extravagance of management. : It is equally true that the departments created for the especial supervision of these institutions have failed to protect the public from loss by such short- comings. Whence this failure has come is matter for your grave consideration. It is doubtless true that the laws which govern both the departments and the companies might be wisely amended, but the subject is a most important one. It must certainly be admitted that the dep^'i'tmental examinations have so far failed to give to. the public any safeguard at all commensurate with their enormous cost to the institutions examined. . THE CODE. , , In 1848, the old system of practice at law and in equity was abro- gated, and in its stead was enacted the Code of Civil Procedure. Contemplating at this distance of time the results of the change,, it may well be doubted whether it conferred any substantial benefit upon the people at all equivalent to the evils of which it was the cause. For twenty-five years the practice of law was unsettled. Private rights were imperiled by differing constructions of reme- dial provisions, and thousands of practice questions burdened our courts and crowded our law reports. At lastj however, at the end of a quarter of a century, the construction of the Code had been substantially fixed by the courts. It was no longer common to' see a citizen deprived of substantial rights in our tribunals through mistaken views of practice. The Legislature passed an act March 2, 1870, authorizing certain commissioners to "revise, simplify, 32 Goveenoe's Message. arrange, and consolidate all statutes of the State of New York, general and permanent in their nature," and in performing this duty to bring " together all statutes and parts of statutes which, from similarity of subject ought to be brought together, omitting redundant or obsolete enactments, and making such alterations as may be necessary to reconcile the contradictions, supply the omissions and amend the imperfections of the original text." It is not necessary here to discuss the seri- ously debated' objection, that this authority was not meant to extend to a revision of our system of practice. The com- missioners did submit a new and voluminous act, entitled " The Code of Remedial Justice." Part of it, including 1,496 sections, was enacted by the Legislature of 18Y6, with a provision that it should not take effect until May 1, 1877. This date the Legislature, at its last session, changed to September 1, 1877, since which date that part of the revised system has been in operation under the restored name of "The Code of Civtt Procedure." The remainder of the proposed Code, containing 1,800 sections, was passed by the last Legislature and sent to the Executive Chamber, with more than 250 other bills, to be acted upon during the thirty days following the adjournment. It was a physical impossibility to read the act, which, covered nearly 700 closely printed pages. The Constitution forbade its enactment after the adjournment without the written approval of the Governor. I did not feel authorized to approve an act which I could not read, and the bill, therefore, failed to become a law. The matter will, undoubtedly, be brought to your attention. It seems only proper to remind you that this new system can only be continued at the expense of another long period of doubt and litigation over its proper construction, which will cost the people of the State many millions of dollars. Already, serious questions of this sort have been brought before the courts. The great question will be presented to you whether the Govbenoe's Messagb. 33 new aystem can be so far superior to the old as to justify • you in committing the whole administration of civil justice to the confusion of construction from which it has just emerged. The courts under the old system, which they understand, are already burdened with labors almost beyond endurance, and' it seems unwise to precipitate upon them a mass of practice litigation which must necessarily retard still more their accu- mulated load of business. I submit to your careful reflection the proposition that this grave subject would be best disposed of by the repeal of the partial code which went into effect on the first of September, and the re-enactment of the Code which was in force up to that date, to be amended, from time to time, as experience may suggest SPBOIE PATMENTS. In view of the discussions going on in the Congress of the United States, it seems proper for me to remind you and our people that, whatever may happen elsewhere, specie payments are, under existing laws, to be resumed in this State from and after the first day of January next. Chapter 73, of the Laws of 1875, pro- vides, first, that after the first day of January, 1879, all taxes levied in this State shall be paid in gold or in coin certificates or bank-notes redeemable in gold ; and, secondly, that in all contracts made in this State after that date, the word dollars shall be construed to mean coin. All our taxes, general and local, including canal tolls, will, next year, have to be paid in gold or its equivalent, iand the courts will be obliged to enforce private contracts in coin. It will be seen that the day fixed in this law of our State is the same which is appointed by existing statutes of the United States for the resumption of specie payments by the treasury. The low premium on gold, which has for a long period prevailed, indicates a condition of things favorable to specie payments being generally re-established at an early day. It seems to me manifest now that if the credit of the federal government can be maintained at the 34 Gtotsibnob's MEssAaB. point at which it' stood a month or two ago, so that its bonds bearing low interest are freely sold, the treasury will be able to resume payment on or before the day designated, without distress to the community. We Lave, in fact, passed through all the suffer- ing involved in the reduction of prices which inevitably followed the false values of a period of great inflation. Prices both of wages and property are, with few exceiptions, lower to-day than they would have been if we had never departed from the coin standard ; and I do not doubt that the resumption of specie payments wiU, at once, increase the exchangeable value of property and the markefc-j)rice of labor. They are in error who suppose that a prolongation of the present uncertain condition of things .will bring relief to those who, owing money, hope to realize more for their property, or to that large class of men which is looking -for better rates of wages. With the present want of confidence, property does not readily find purchasers at any price ; capital is timid in investing ; enter- prise is checked.. Until confidence is restored, our wonted activity in the exchanging of property will not return, and until the present tendency to inactivity and almost morbid caution ceases, we will look in vain for a higher rate of wages. No financial device, by way of renewed inflation or debasement of our money, will compensate for the disastrous effects of the additional loss of confidence, which any such device will bring about. Eelief is near at hand if we will seek it by the straight road ; and it would be great weakness now, when we have paid the fifll cost of success, to take a single backward step. Any wavering on the part of the federal government, in respect to this question, must have the effect of prolonging indefinitely, and intensiiying the unhappy condition of business and' of industry, under which we have suffered for several years. There can be no confidence in private transactions, if the general government set an example of a want of good faith. And it must always be borne in mind, in referenoe to the present discussion, as to the precise meaning of the Goveenok's MeSsagb. 35 government obligations, that the government debt cannot be enforced; there' is no arbiter or tribunal to decide between the governnaent and its creditors; the debt is purely a debt of honor; in such cases the debtor cannot keep himself clear of the imputa- tion of bad faith, exclept by ruling all doubtful questions as to the meaning of his promise against himself I trust that there will be wisdom enough at Washington to avoid hindering our present hopeful progress toward" specie payments, and that the laws of the general government, and those of our own State, on this subject, will continue to be, as they now are, in harmony. BOtrNDAET LINE BETWEEN NEW TOEK AND OONNEOTIOTTT, The Legislature has heretofore passed resolutions directing the Attorney-General to take legal proceedings to determine the boundary line between New York and Connecticut through Long Island Sound. The subject has been fully examined on behalf of the Attorney-General, and the result of such examination submit- ted to me. I am of the opinion that it is best that this question- should be settled by a commisdion, to be appointed by the two States. I am informed that the Governor pf Connecticut concurs in this view, and will so advise the Legislature of that State. I, therefore, recommend the appointment of commissioners to act with commissioners to be appointed by Connecticut, to determine the boundary line between the States of New York and Connecti- cut through Long Island Sound. THE ANTIETAM NATIONAL OBMBTEBT. I have received a communication from the Secretary of War, stating that Congress has made an appropriation for the mainte- nance of the Antietam National Cemetery, to be paid, upon condi- tion that the legal title to the cemetery shall be conveyed to the United States. The title has been held by the State of Maryland, as trustee for the several States that contributed towards its estab- 36 Goveenor's Messagb. lishment. The Secretary of War requests that an act be passed by the Legislature of this State, consenting to the 'transfer of the property by the State of Maryland to the United States. The draft of such an act as is desired accompanies the communication. It will be submitted to the Legislature, and I recommend its early THE NEW OAPITOL. It is now about ten years since the construction of the New' Capitol was commenced. Up to the 15th of December, 187Y, the sum of $8,276,615.36 has been expended upon it. This is a larger amount of money than was expended on the original construction of the ■ Erie and Champlain canals, and yet there is not a single apartment in the building completed. It seems beyond the reach of human foresight to discover when it may he finished, or the amount of money which will be required for that purpose. I respectfully urge every member of the Legislature to go through the vast pile of brick and stone, and judge for himself what are -the prospects which'lie before the people in regard to the enormous expenditures yet to be made. In my message disapproving an appropriation of a million of dollars at the last session of the Legis- lature, I stated tully my views in regard to the whole subject. I believed that it was better for the reasons there given, that no further appropriation should be made, at least until there was an improvement in business and in the capacity of the people to pay taxes. I believed then, as I believe now, that a Capitol of proper size and of proper appearance, with far better conveniences for the transaction of public business, and far less expense in the main- tenance of it, could be built, finished and furnished for much less money than it will require to complete the present building in all its vast and useless proportions. The views expressed by me in that message, have been fully confirmed by repeated personal exam- inations of the building. There is not the least, reason to believe that there is,, in the whole State, any man of common sense who •Govebmob's Messaoe. 37 wouid now advise the commencement and construction of such a building as the New Capitol if it were an original and open question. The one only argument for going on with it is that if we do not proceed we lose all the immense amount that has alrea^ been expended. This one consideration induced the Legislature to make an appropriation of half a million of dollars, instead of the million, to which I had objected. Yielding to the conviction of the Legislature that for the reasons stated, the work must go on and the expenditures continue, I approved the appropriation for the half million. I, however, accompanied- the approval with a recommen- dation that the money should be devoted to the completion, as far as possible, of the Assembly Chamber, for the purpose of bringing some part of the building into use at the earliest practicable day and testing its adaptation to the uses for which it was intended. This recom- mendation was followed, and with very good results. The Assem- bly chamber is so far advanced, that if it is determined to go on with the work, it can undoubtedly be ready for occupation on the 1st of January, 1879. The expenditure of the half million appropriated, of course increases the strength of the argument to which I have referred, in favor of proceeding., If it shall be the judgment, of the Legislature, that a further appropri- ' ation shall be made, I recommend that it be confined to. the com- pletion of the Assembly chamber, the Senate chamber, and possibly one or two other apartments, and that henceforth the work proceed by the completion of certain sections of it which may be brought into use, instead of spreading the expenditures over the whole building, large portions of which are not needed and cannot be used if completed. The commissioners now in charge of the work have been atten- tive and faithful in the performance of their difficult duties^ They are of the opinion that it is very desirable that whatever appropria- tion the Legislature may think proper to make should be made at an early day in the session in order that a portion of it may be used 38 Govbenoe's Mbbsagb, for stone cutting during the winter. Their recommendation in this respect has my approval. OTHEE PUBLIC BUILDINGS. I would also make the same suggestion with reference to any appropriations which are to be made for insane asylums, or other public buildings. The practice of making the appropri^ tions in the supply bill in the hurry and confus.ion' of the , closing hours of the session, is a very objectionable one. They will.be more likely to receive the consideration and care which they should have, if brought forward early in the session. " A-t the same time, in view of the general pecuniary embarrassment, I have to urge upon you the greatest possible frugality consistent with public interests. CONCLUSION. The importance of your labors, the dignity and responsibility of your position, are sufficiently attested by the fact that you are the legislative representatives of nearly five millions of people. The population and wealth, for which you are to care, far exceed those of the republic in the days of Washington. ■ This would be a great and saered trust at any time. It is doubly so now, when the people are struggling to stem the tide of corruption and crime, which, originating during the war, has since so widely deluged the State and nation, as to shake, at times, the f^ith of the most hopeful. In 'itself the war was a small evil compared with its resulting demoralization. The light regard for constitutions and the law, the debased and inflated cftirrency, and finally, the open trifling with the public faith to which it gave birth, have wrought more |;iarm to the people than even its mighty sacri- fice of blood and treasure. Excessive luxury in living sprang from imaginary wealth, and linked with this came fraud, perjury, forgery and defalcations, breaches of trust in private* business and among public servants standing beneath the obligations of official oaths. Goteenoe's Messasb. 39 The rapine' and plunder which, for twelve years, desolated the Southern States, the common treason to official trusts, and frequent use of public place for private gain, have worked deep injury to the nation's sense of right. Even now, millions of voters smart at the conviction: that they have been defrauded of their choice in a national election, and robbed of the right of suffrage guaran- teed them by their Constitution and the law. They believe that the presidency of the republic is held by one not elected to that office, and without moral title to its powers and its honors. This belief is shared by a majority of the people. They yield obedience to an Executive of fact but not of right that they may save the land from anarchy. They none the less charge this great crime upon those high officials by whose conspiracy against the law it was made possible. That these their servants should have certified falsehood to be the truth gives them deep sense of wrong. They know that this defiance of the people's will if it be made a precedent will bring our government to a swift and certain end. For all these reasons the state of pop ular , feeling is not what those who love our institutions long to see it. But, in spite of these discouragements,', there are g(Jod grounds of hope for the future. A sounder state of public opinion is surely, though slowly, developing. Necessity with many, and good inclinations with more, are lead- ing to rational , living and closer economy of expenditure. The people demand more faithful service of public officials. The prison doors are closing ^ehind many of the swindlers who from the ranks of so-called good society, have sought to make crime respectable, and we may well believe the day of retribution to those who falsify and corrupt the ballot-box, is near at hand. The long dfeepotism of military occupation in the Southern States is a thing of the past. As the chosen representatives of the people, you are now called upon to take your stand in the unending conflict between right and wrong. I need not remind you that the State 40 Goveenoe'b Mbssagb. of New Tork has behind it a long and honorable history. It has stood foremost in every effort to elevate the people, to purify the public service, and to preserve unstained the institutions of our country. It is given to you, in the discharge of your high duties, to devote again the voice of the State to the c^use of public moral- ity and official virtue. I do not doubt that you will bring to this great work your best energy and most enlightened efforts, and to that end I earnestly bespeak for you the guidance "and inspiration of the Divine Being with whom alone dwells perfect wisdom. L. ROBINSON". PUBLIC PAPERS GOVERNOR ROBINSON. Papers Issued m 1877, Too Late for Publication in Public Papers of that Year. Dismissal of Charges Against Hon. Francis O. Mason, County Judge of Ontario Countt. STATE OF FEW TOUK: Executive Chamber, ) Albany, Nmemher 10, 1877. \ Hon. Samuel A. Foot, Geneva, N. Y. : Dear Sir. — Early in July last the Governor received the charges preferred by you against the Hon. Francis O. Mason, County Judge of Ontario County. They were placed on file, and Judge Mason requested to make his answer to them on or before the twentieth of last month. At the date fixed, a sworn answer, accompanied by several documentary proofs, including an ofiicial statement from the District Attorney of Ontario County, was received at the Executive Chamber, and place.d on file for consideration. Immediately thereafter, and before the papers in the case were taken up at all, the riots of July and August broke out, and imposed so much extraordinary labor upon the Executive Department that all other business was necessarily deferred. This fact, and the great accumulation of business which went over in consequence, will explain the delay in action upon the charges. 4 Public Papers of Goveenoe Robinson. Having carefully considered the statements made by yourself and those contained in the answer of Judge Mason and accom- panying proofs, the Governor desires me to say that in his opinion the matters charged do not constitute such a case of official malfeasance as would justify affirmative action on his part. Whatever might be said of the seeming irregularity of the understanding between the District Attorney and the County Judge, that an assumption might be made by the latter officer that all indictments triable by the Sessions had been ordered there by the Oyer and Terminer, it is yet manifest that such an understanding existed between the officials, and that if either were at fault in the matter of the particular indictment mentioned in your charges, it was the District Attorney and not the County Judge. This being so, and no proof appearing of the intentional violation of the law or official duty, the other matters set forth in your charges concern questions of professional propriety rather than those of official misconduct, and are, therefore, not proper subjects upon which to predicate Executive interference with a judicial officer. By direction of the Governor I transmit a duplicate of this letter to Judge Mason. I am sir, with much respect. Your obedient servant. D. C. ROBINSON, ' Prwate Secretary. STATE OF NEW YORK : Executive Chamber, ) Albany, November 10, 1877. ) Hon. Feanois O. Mason, Covmby Judge, Geneva, N. T. Deae Sie. — I inclose herewith a duplicate of a letter this day addressed to Hon. Samuel A. Foot, It embodies, as you will see, Public Papers of Goveenok Eobinson. 5 the Governor's decision in regard to the charges preferred by that gentleman against yourself. The explanation given in the letter of the delay in the disposition of the case, will, of course, obviate the necessity of a further explanation to yourself. The Governor would have been glad to have reached an earlier con- clusion, but the condition of official business absolutely forbade it. Yours respectfully. D. C. EOBINSON. Private Secretary. PftOOLAMATTON, WiTHDEAWtNG ReWAED FOE AeEEST AND CON- VICTION OF Peesons Guilty of Violence Against Eaileoads. PEOCLAMATION. By Lucius Robinson, Goveenoe. Whereas, on the twenty-fifth day of July last I issued a proc- lamation offering a reward of five hundred dollars for the arrest and conviction of any person who should be guilty of a violation of the statute (chapter 261, Laws of 1877), prescribing the penalties which should be inflicted for certain crimes of violence against railroad tracks and trains ; and Whereas, the immediate object of the said proclamation has been fully accomplished, and the whole matter will be referred to the Legislature now about to convene, I do therefore withdraw the offer of the aforesaid reward from and after the date hereof. Given under my hand and the privy seal of the State, at the Capitol, in the city of Albany, this twentieth day of [l. S.J December, in the year of our Lord one thousand eight hundred and seventy-seven. L. EOBINSON. By the Governor : D. C. Eobinson, Pri/oate Secretary. Public Papers of Goveenoe Robinson. PAPERS OF 1878. Oedee Eemoving Geoege W. Moeton feom the Office of COMMISSIONEE OF ExCISE IN THE CiTT OF NeW YoEK. STATE OF NEW YORK : Executive Ohambee, ) Albany, January 31, 1878. ) In the Mattee of Chaegbs Against Geoege W. Moeton, COMMISSIONEE OF ExCISE IN THE CiTY OF NeW YoEE. Charges having been presented to me alleging malfeasance and negligence in office on the part of the. Board of the Commis- sioners of Excise in the, city of New York, and Owen Murphy, one of the said Commissioners, having absconded from the State, and Jacob M. Patterson, another of said Commissioners, having resigned, a copy of said charges was duly served upon George W. Morton, the other Commissioner, and an opportunity given to him to be heard, and the said George W. Morton, in person and by counsel, having appeared and been heard before me in reference to the said charges; after due examination of the said charges, and the answer made thereto by the said George W. Morton, and the statements and arguments in his behalf, I find that the charge of negligence in the performance of his said office is well founded, and I have, therefore, in pursuance of the statute in snch case made and provided, removed, and do hereby remove the said George W". Morton from his said office of Commissioner of Excise in the city of New York. Public Papers of Goveenoe Robinson. 7 Given under my hand and privy seal of the State, at the city [l. S.J of Albany, this thirty-first day of January, one thousand eight hundred and seventy-eight. L. ROBINSON.. By the Governor : David C. Robinson, Private Secretary. STATE OF NEW YORK: Executive Chamber, ) Albany, January 31, 1878. ) In the Mati'ee of Charges Against George W. Morton, COMMISSIONBE OF ExCISE IN THE OiTT OF NeW ToEK. George W. Morton, in person and by counsel, had a hearing before me on the charges in this matter, and his answer thereto. The answer denies nearly all of the allegations of the charges and specifications, except as therein stated and explained. If the question of removal were to be decided upon all or most of these allegations, it would, perhaps, be necessary to appoint a commissioner to take further proofs. It appeared, however, on the hearing, by the admission of Mr. Morton, that it has been the practice of the Commissioner of Excise to take from parties applying for licenses the license fee in advance, to be returned if the license is afterwards refused ; that a very large sum of money, to wit, about one hundred and ten thousand dollars, had thus accumulated in the hand^ of the Commissioners. He alleges that this accumulation has resulted principally from the great increase in the number of applications that followed the recent decision of the Court of Appeals upon the excise laws. It appears that at least fifty thousand dollars of this money is not now in the hands of 8 Public Papers of Goveenoe Robinson. the Commissioners, but has been embezzled. To that extent there are no funds out of which the parties who have paid in this license money can be repaid if licenses be refused them, or from which the license fees can be turned into the city treasury in accordance with the statute if the licenses be granted. I. am not called upon to decide whether these were public moneys or not. The Commissioners • received them in their oflBcial capacity, and it is admitted that they are not now in their hands for restoration to the parties entitled to them, or for pay- ment into the treasury as the case may be. I regard this as a sufficient ground for the removal of all the Commissioners if they were before me. It is so flagrant a negligence of official duty that it merits the severest condemnation. Only one of the Commissioners, Mr. Morton, has appeared to meet the charges preferred. Of the other two, Mr. Murphy has absconded, and Mr. Patterson has resigned. The Commissioners chose Mr. Murphy as their treasurer, and these moneys being in bank, subject to his check as treasurer, were taken by him and applied to his own use. It is claimed that by the charter of the city of New York all boards are authorized to appoint a treasurer, and, therefore, this having been done in the present case, the treasurer alone should meet the penalties of his personal defalcation. But the Commis- sioners of Excise are not a board created by the charter. They derive their authority and powers from the general excise law of the State. They have no express authority to appoint a treasurer. It was, perhaps, natural that they should do so in conformity with the custom of other boards acting in public affairs of the city, but that action did not relieve them of their joint liability. However hard the case may seem upon the other commissioners, I do not feel justified in relieving them on this plea from responsibility for the present scandalous condition of Public Papers of Goveenoe Kobinbon. 9 things in their department. It is true that no proof was pre- sented that led me to suppose Mr. Morton had been personally guilty of intentional wrong-doing. On the contrary, this was not chai'ged on the part of the prosecution, and what little uncon- tradicted evidence there was on this point, went to show that he endeavored in the board to make better provision for the security of the license moneys, and was overruled in his effort by his two colleagues. Nevertheless he remained a member of the board while all these irregularities were going on, whereby thousands of people were deceived, led into difficulty and subjected to great injustice and wrong. I find it my duty, therefore, to remove him from his office on the ground of negligence in the discharge of its duties, and have made an official order to that effect. L. ROBINSON. \ Veto Senate Bill, not Peinted, to Conmem Official Acts of John L. Smith and Maetin W. Noble, as Commissionees of Excise in the Town of Bath, Steuben County. STATE OF NEW YORK : Executive Chambee, Albany, February 15, 1878. To the Senate : * I return, without approval, Senate bill, not printed, entitled " An act to legalize and confirm the official acts of John L. Smith and Martin W. Noble, as Commissioners of Excise of the town of Bath, in the county of Steuben, and to enable them to qualify as such Commissioners." This bill seeks to legalize the acts of certain Excise Commis- sioners in the town of Bath, elected in the spring of 1877, who failed to file the bond required by law and take their official oath for many months after their election. It further authorizes 10 Public Papers of Goteenoe Robinson. them, withi'n twenty dajs after the passage of this act, to take and file the oath, and execute and file the bond required by law. At least two objections to the bill suggest themselves at first sight. It is an example of the worst class of special legislation, and it is, moreover, of doubtful constitutionality. Its object is to continue in office Commissioners who have failed to qualify according to law. Chapter 444, of the Laws of 1874, provides that the Excise Commissioners shall execute a bond as therein specified, but does not fix any time within which it must be filed. The Revised Statutes provide that in such cases the bond must be filed within fifteen days after the officer shall be notified of his election or appointinent, or within fifteen days after the commencement of his term of office, in default of which the office shall be deemed vacant. The law of 1874 provides the manner in which all vacancies in the office of Excise Commissioners shall be filled. This bill is, therefore, an attempt by the Legislature to elect local officers instead of leaving the vacancies to be filled in the usual manner. Upon the second point it may be said that, conceding these offices to be vacant, the Legislature derives its power to fill them from section two, article ten, of the Consti- tution, which provides that all such officers shall be " elected by the people, or appointed, as the Legislature may direct." By the law of 1874, the Legislature have directed how vacan- cies in these offices shall be filled, and they have been filled at an election held in accordance with the statute. It seems to me that the Legislature have already exercised the power of direc- tion contemplated by the Constitution, and it is, to say the least, extremely doubtful whether they have the power now to recall the action taken under the statutes of 1874 and exercise a special power of appointment. The officers just elected are not the same persons sought to be appointed by this bill, and the present Public Papbks of Goveknob Eobinson. 11 bill, if it be approved, will simply plunge the excise matters of the village of Bath into needless confusion and litigation. L. EOBINSON. Letter Teansmttting to Hon. John F. Smyth, Superintendent OF THE Insurance Department, Copy of Charges Preferred Against Him. STATE OF NEW YOEK: Executive Chamber, ) Albany, Februa/ry 20, 1878. ) John F. Smyth, Superintendent of the Insv/rance Department : Sir. — The Governor has received from the Comptroller charges of official misconduct against you, of which charges the within are copies. The Governor will give you an opportunity to be heard upon the charges on Thursday, the twenty-first instant, at ten o'clock in the forenoon, if you desire it. Yours respectfully. D. C. EOBINSON, Prwate Secretary. Message Transmitting to the Senate Charges Against Hon. John F. Smyth, Superintendent of the Insurance Depart- ment. STATE OF NEW YOEK: Executive Chamber, Albany, February 21, 1878 To the Senate : } I perform an unpleasant bat imperative duty in transmitting to the Senate the accompanying charges of official misconduct on the part of Mr. John F. Smyth, Superintendent of the Insurance Department. 12 Public Papers of Govbenob Eobinsokt. The charges are made by the Comptroller, and are based upon facts stated in a report made by him to the Assembly, in answer to a resolution of that body, a duplicate of which report is annexed to, and forms a part of, the charges transmitted herewith. The Insurance Department was established, ostensibly at least, for the protection of policyholders, stockholders, and the public generally, against any improper or unlawful conduct on the part of the insurance companies. "Within a few years past the Legis- lature has found it necessary to guard, by stringent enactments, against abuses on the part of the Superintendent of the Depart- ment. By chapter 593, Laws .of 1873, cited in the charges, appropriate and stringent provisions were made for this purpose, forbidding the payment, or presentation for payment, of any bill for services in examinations by any attorney or appraiser of the Insurance Department until the same had been approved by the Superintendent and audited by the Comptroller, and declaring that any party violating this provision should be deemed guilty of a misdemeanor. Under this statute the affairs of the Depart, ment were conducted until the present Superintendent entered upon the duties of his office. Finding these provisions not in accordance with his views, he made an effort to have them changed by the Legislature. Failing in that, he seems to have gone on in open and flagrant defiance of them. By reference to the Comptroller's report, it will be seen that a certain class of charges, aggregating about nine thousand dollars, have been submitted to, and audited by, the Comptroller, whilst in the case of numerous companies other large and grossly improper charges, amounting to over sixty-four thousand dollars, have been presented and approved, or paid without approval, but with the sanction of the Superintendent, without having been audited or presented to the Comptroller for audit, as required by the statute. Public Papers of Governok Eobinson. 13 I am informed that the material facts supporting these charges have been substantially admitted by the Superintendent before a committee of the Senate. In each of the cases specified the Superintendent, under the statute referred to, was guilty ot]^a misdemeanor. If this contempt of legislative control is to be suffered, there is no department of the State government which* may not likewise rebel against the law. The imposition of statutory restraints and penalties will be worse than useless. The same practice which has taken over sixty thousand dollars from the insurance companies, without warrant of law, will justify any drafts which a despotic or corrupt Superintendent and his favorites may choose to make, and a system of official brigandage will thus be crystalized within the government. Every dollar of the sums set forth in these charges was lawlessly abstracted from moneys held in trust. The Superintendent, his attorneys and appraisers, could get no title to it except by the law. Defying this, they had no better claim than strangers. The offense is aggravated as that of the head of a State department, who has sanctioned the pillage of the funds committed to his care. It seems to me that his continuance in office, under such circum- stances, would bring contempt upon the law and upon the Legislature. I therefore recommend the removal of the said John F. Smyth from the office of Superintendent of the Insurance Department. L. ROBINSON. 14 Public Papers of Goteenoe Robinson. Veto, Senate Bill No. 124, in Relation to Code of Civil Peocedueb. STATE OF NEW YORK: Executivb Chambee, Albany, March 14, 1878 To the Senate : .1 I return, without approval. Senate bill No. 124, entitled, " An act supplemental to the Code of Civil Procedure." The Constitution of 1846 provided for the appointment of three Commissioners, whose duty it should be " to reduce into a written and systematic Code the whole body of the law of this State, or so much and such parts thereof as to the said Commis- sioners shall seem practicable and expedient, and the said Com- missioners shall specif)' such alterations and amendments therein as they shall deem proper, and they shall at all times make reports of their proceedings to the Legislature, when called upon to do so; and the Legislature shall pass laws regulating the tenure of otEce, the filling of vacancies therein, and the com- pensation of said Commissioners; and shall also provide for the publication of the said Code, prior to its being presented to the Legislature for adoption." It in like manner directed that the Legislature, at its first session after the adoption of that Con- stitution, should provide for the appointment of three Commis- sioners to "revise, reform, simplify and abridge the rules and practice, pleadings, forms and proceedings of the courts of record of this State, and to report thereon to the Legislature, subject to their adoption and modification from time to time." In obedi- ence to these requirements of the Constitution, the Legislature, on the 8th day of April, 1847, passed an act by which Reuben H. Walworth, Alvah Worden and John A. Collier, were appointed Commissioners, to be styled " Commissioners of the Code," to perform the duties specified in the seventeenth section of the first Public Papees of Goveenoe Robinson. 15 article. By the same statute, Arphaxed Loomis, Nicholas Hill, Jr., and David Graham were appointed Commissioners, to be styled " Commissioners of Practice and Pleadings," in accord- ance with the provision of the twenty-fourth section of the sixjjh article, to perform the duties in that article specified. These Commissioners, and their successors appointed according to law, addressed themselves to their task with zeal and ability. In 1848 the Commissioners of Practice and Pleadings reported a partial Code, which, on the twelfth of April in that year, was enacted by the Legislature as chapter 379 of the Laws of 1848. The same Commissioners reported, in 1849, completed Codes of Civil and Criminal Procedure. By chapter 438, of the Laws of that year, the Code of Civil Procedure, as amended, constituting in all an act of less than a hundred pages, was established. With some subsequent amendments, this one statute has constituted the main body of our civil practice from that day to this. The Commissioners of the' Code, appointed in pursuance of the seventeenth section of article first, completed and submitted, at different times, Codes of the Common and Statute Law, in accord- ance with the provisions of the Constitution, but their work has never been adopted, or considered by the Legislature, although the intent of the Constitution that such a Code should be enacted is apparent. On one or two occasions, action in regard to them has been urged upon the Legislature by the Executive, but no earnest steps, looking to their enactment, have ever been taken. The great aim of the Constitution of 1846 was to secure a symmetric system of jurisprudence, including a Code of Political, Criminal and Civil Law. The adoption of the original Code of Procedure was a partial accomplishment of this constitutional purpose, so far as the practice law of the State was concerned. The intent of the seventeenth section of the first article has never yet been fulfilled. Realizing this defect in the law, the 16 Public Papees of Goveknok Robinson. Legislature, on the 2d of March, 1870, passed an act authorizing certain Commissioners to " revise, simplify, arrange and consoli- date all statutes of the State of New York, general and perma- nent in their nature." And in performing this duty " to bring together all statutes, and parts of statutes, which, from similarity of subject, ought to be brought together, omitting redundant or obsolete enactments, and making such alterations as may be necessary to reconcile the contradictions, supply the omissions and amend the imperfections of the original text." No fair man doubts that the aim of this act was to revise the existing general acts, and not in any way to change our settled system of legal practice. But instead of applying themselves to this needed revision of our scattered and confused statutes, the Commission turned its back upon its duty, and set about an entire upheaval of our legal procedure. In 18T6 they submitted the first install- ment of their proposed work in the shape of a substitute for part of our practice law, consisting of 1,496 sections. This the Legis- lature of that year enacted. It was not, however, allowed to take eflPect until September, 187Y. The present bill, of 1,824: sections, is the remainder of the proposed substitute. I had hoped that in the event of the enactment of this supplemental report of the revisers I might find in it advantages so far out- weighing its demerits that I might conscientiously approve it. I regret to say that my convictions forbid this. The bill contains so many and grave defects that I should fail of my duty if I consented to its enactment. My first objection is, that it was never constitutionally passed. The journal of the Senate shows that its reading was dispensed with, on motion in that house. Section fifteen, of article three of the Constitution, provides that " no bill shall be passed unless by the assent of a majority of all the members elected to each branch of the Legislature, and the question upon the final Public Papers of Goveenob Robinson. 17 passage shall be taken immediately upon its last reading, and the yeas and nays entered on the journal." This section mani- festly contemplates a reading, and under its provisions no valid vote could be taken on this bill until after it had been read. The " last reading " of a bill is not, and never has been, by usage, since the adoption of the Constitution, a reading by a title only. I know no competent authority which holds that the Constitution does not intend an actual reading of every bill before its passage. Croswell's Manual, at ^age 21, well expresses the general understanding of the Constitution in the use of the following language: "Bills have sometimes, by unanimous consent, been read a third time by their titles — for instance, as the Code of Procedure, and occasionally bills of less dimensions, such as city and village charters. But this mode of reading bills a third time has never grown into a practice ; and because it is, confessedly, in direct and clear contravention of the spirit and letter of the organic law." Even if it be claimed that the constitutional mandate is directory only, it does not relieve the Legislature from the obligation to obey an explicit requirement of that instrument. Were I to sign this bill, I should but open the door to interminable controversy over the law which is itself to regulate all litigation. The entire practice of the St>ate might be thrown into confusion and uncertainty. The constitutional objection as to its reading might be easily obviated by its return for correction in that respect, but the broad fact remains that this bill, the most important act of the entire session, a bill wliich touches the person, the property, the rights and the liberty of every citizen of the State, which, more nearly than any other possible enactment, concerns the welfare and prosperity of our people, has been passed through both houses of the Legislature, without a reading, in less time than it would require to read 2 18 Public Papers of Governor Kobinson. twenty of its 1,824 sections. Probably not more than two or three members of the Legislature have read a tenth part of its contents, and, therefore, the assertion is warranted that the bill has in no sense received the intelligent approval of either house. I am aware of the very great importunity with vi^hich this act has been urged upon the Legislature; and one strong argument in its favor has been that thirteen chapters had already been adopted, and that great harm would result unless the completion of the system was secured by the adoption of the present act. How utterly unfounded this pretense is cannot be better shown than by a quotation from the report of the Commissioners to Revise the Statutes, transmitted to the Legislature January, 18T6, with the first thirteen chapters. That report contains the following language : " It is provided by Laws of 1873, chapter 467, section two, that when the Commissioners to Revise the Statutes shall have com- pleted one or more distinct parts or portions of their work, which may, in their opinion, be conveniently enacted into laws, before the completion of the entire work, they may submit the same to the Legislature, in print, with the appropriate repealing, supplemental, or temporary acts, also in print ! " Pursuant to that provision, the Commissioners to Revise the Statutes, herewith submit to the Legislature, in print, and in the form of a bill, consisting of thirteen chapters, containing 1,495 sections, several distinct portions of their work, which may, : in their opinion, be conveniently and advantageously enacted JH together into one law, before the completion of the entire revision." A further argument against the bill in my judgment is, that of the petitions and suggestions gathered in its favor, scarce a single one fails to qualify its approval by the suggestion that considerable amendments are necessary. All discussions of this Public Papebs of Govebnoe Kobinson. 19 act admit that, if passed, it must be at once largely amended. It is a serious consideration in regard to it, that its passage is simply the prelude to its material alteration. When the report of the revisers was first submitted to the last Senate, the Judiciary Committee saw its imperfections, but believed their correction was feasible. With zeal, ability and industry, they labored to attain this end, and in the scanty time snatched from senatorial duties, tliey made nearly three hundred amendments to the bill as reported by the Revisers. No better commentary on the errors of the report could be made. But the opportunities of the Senate committee were totally inadequate to the proper performance of this great labor. The hundreds of amendments which they made alone saved the bill from uttisr condemnation. They were not able to put it in any shape fit for adoption, and it is not in such shape now. As particular objections I note: Section 1501 provides that "an action of ejectment may be maintained by the grantee, his heir, or devisee, in his own name, although at the time of the conveyance undei- which he claims the property conveyed was held adversely to the grantor." This section is intended to dispose of the last remnants of the law of champerty, a principle which antedates by centuries the foundation of our governmept. Under this sweeping section all the gross evils which are now restrained by the Revised Statutes will be let loose upon the community. It is already a favorite plan of blackmail in large cities to take a deed of real estate to which the grantor has not the shadow of a claim, and on that pretended title to commence an action against the legal owner, file notice of its pendency, and then make ofi'er of settle- ment at a less figure than it would cost the unfortunate owner to obtain a legal opinion as to his title or to dismiss the complaint. If the property concerned be very valuable, as is generally the 20 Public Papers of Goveenoe Eobinson. case, great pecuniary loss often results from these speculative actions by irresponsible swindlers. The enactment of this section gives to the grantee the beneiit of an act which the Revised Statutes declare to be a misdemeanor. The State is then left in tlie anomalous position of declaring to this grantee, " Your purchase from a party out of possession is a crime in the eye of the law, yet that same law will assist you to reap the benefits of the crime it condemns." It is plain that this section opens the door to a surreptitious assault on the title of every real estate owner, great or small. Again, sections 1690-1736, make extended and particular provision for what is called "an action to recover a chattel." This is a long and clumsy substitute for the common law action of replevin and the action known for many years as the " action to recover the possession of personal property." Section 3307' declares that " personal property " includes " money, goods, chattels, things in action and evidences of debt." It is apparent, therefore, that this new action to recover a chattel is far less comprehensive than the action of the old law. If this be, as its language imports, so great a curtailment of the action of replevin, it is a grave defect of the present bill. The Eevised Statutes clearly recognize the distinction between goods and chattels, and the result of this unwise and unnecessary limitation of an every day action will be great litigation and inconvenience. Aside from the general objections to the restriction of the action itself, the proceedings prescribed in it are in several cases far inferior to those of the statute it is intended to supplant. The third subdivision of section 2895 provides that " an order of arrest may be granted in an action brought to recover damages for an injury to property other than the wrongful taking, detention or conversion of personal property." Sub- Public Papers of Goveknoe Kobinson. 21 division 10 of section 3307 declares that " an ' injury to property ' is an actionable act whereby the estate of another is lessened other than a personal injury or a breach of contract." A fair construction of tliese two clumsy sections would render ^very party liable to arrest who, had committed "an actionablei act whereby the estate of another was lessened." It does not seem to me that the liberty of citizens should be put in danger by the errors and complications of such a statute as this. Many acts may readily be imagined which are actionable and lessen the estate of others, and yet furnish no sufficient reason for the incarceration of the person who commits them. More than all, the fixing of an unyielding definition to the words "injury to property " seems likely to lead to much confusion and hardship. Very grave questions arise on the chapter in regai-d to the powers of Surrogates. The bill proposes to confer upon the Surrogates nearly all the equitable powers which, from a remote . period, have been exclusively vested in the Chancellor, and subsequently in the Justices of the Supreme Court. I cannot believe that such fundamental legislation should be thus hastily adopted. It is a recognized fact that the Surrogates of the various counties of the State are not generally chosen with the same care, nor expected to possess the same high qualifica;tions, as Justices of the Supreme Court. They receive less compensa- tion, are not expected to devote themselves exclusively to their duties, and exercise a jurisdiction of far less scope. To cast upon them, in a moment, all the great powers of the^ Supreme Court in regard to this most complicated and abstruse branch of the law, seems to me extremely unwise, and if not directly athwart the letter of the Constitution, plainly contrary to its general intent. Again, the chapter on summary proceedings to recover pos- session of land substantially destroys that useful and inexpensive 22 Public Papers of Governoe Eobinson. metliod of obtaining possession. It cannot fail to greatly aggra- vate the delay and difficulty of repossession ■ on the part of landlords, and in the end increase the expense and hardship to the tenant. A careful comparison of the old and the new law* by the members of the Legislature will, I think, convince them of the unwisdom of the provisions of this branch of the bill. A general comment to be made upon the whole act is that, while professing to be a code of procedure, and to deal only with the maintenance of rights, it constantly oversteps its pro- posed limits, and deals with the law of rights itself. There are many striking instances of this. My attention has been attracted particularly by the contents of sections 1907 and 1908, because I believe if the bill had been read these sections would not have been left in their present form. They are intended as an enlargement of the " Civil Damage Act," so called, in chapter 646 of the Laws of 1873. The first section of that act contains the following language : " Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support by any intoxicated persbn, or in consequence of the intoxication, habitual or otherwise, of any person shall have a right of action in his or her name against any persons who shall by selling or giving away intoxicating liquors, caused the intoxication in whole or in part of such person or persons." Section 1907 of this act commences as follows: "Any person may maintain an action to recover damages for a personal injury, an injury to property, the breach of a contract or the diminution of his or her means of support, arising in consequence of the drunkenness, habitual or otherwise, of another against the person who caused the drunkenness wholly or partly, by giving or selling to the drunken person intoxicating liquor; and also Public Papers of Gotbenoe Kobinson. 23 against the owner of the premises where the liquor was given or sold if he leased them to the giver or seller, or permitted the latter to occupy them knowing that intoxicating liquors were to he sold therein." To the former causes of action ^is section adds the right to recover damages for a " breach* of contract " arising from the intoxication referred to. Who shall determine what is a breach of contract within the purview of this section ? By what principle can any court determine that such a breach of contract arose in consequence of the drunkenness, habitual or otherwise, of the intoxicated party. The power of great injustice is hidden in this section, if it be ever enforced, and it may be enforced by imprisonment, against the most innocent party, under the provision of section 2895 of this act. The re-enactment and enlargement of this law in this arbitrary form is a step which I do not believe the Legislature intended to take. Whether this addition to the law, imposing, as it does, enormous liabilities, is wise or not, this statute is certainly no place for it. The Legislature ought not to, and would not, enact it without discussion or consideration, and the fact that it has been inserted in the present act, and passed without discussion or mention, is an indication that the Legislature do not understand the contents of the bill. Another illustration of this same evil is foimd in the virtual repeal of chapter thirty-three of the Laws of the present session, passed February 25, 1878, by which the Legislature materially amended the law for the protection of female employes in the city of New York, designing to extend over this class a larger legal protection. Yet the present act (section 3221) abrogates this statute, and restores the scanty provision of the previous law on the subject. I cannot believe that it was the design of the present Legislature to repeal its own act scarcely a fortnight after its passage. Yet that is the clear effect of this section. 24 Public Papeeb o^ Goveenoe Robinson, And the serious question left to our consideration is, whether there may not be yet more sweeping provisions of the general law hidden in this voluminous bill, since the most cursory perusal develops so much that is mischievous. Section 3253 provides that "in an action brought to foreclose a mortgage upon real property, or for tlie partition of real property, or in a difficult and extraordinary case where a defense has been interposed in any action, the court may also in its discretion award to any party a further sum, as follows : " 1. In an action to foreclose a mortgage, a sum not exceed- ing two and a half per centum upon the sum due, or claimed to be due, upon the mortgage. "2. In any other ease specified in this section a sum not exceeding five per centum upon the sum recovered or claimed, or value of the subject-matter involved." This was at one time section 309 of the old practice, and authorizes an allowance limited only by two and a half per cent in the first ease, and by five per cent in the second, of the amount of the recovery or claim, in the discretion of the court. This was the rule until n-ecently. So gross had become the abuses under this section, however, that the Legislature, in 1876, interfered and put a limit to the power of the court in this respect. By chap- ter 431 of the Laws of 1876, the amount of this discretionary allowance, under the first clause of the section, could not exceed two hundred dollars, and under the second could not exceed two thousand dollars. In view of the very great scandals which led to the repealing law of 1876, and the almost constant abuse of the power of allowance in the larger cities, it seems extremely unwise to return to an evil of which we are barely rid. The right of discretionary allowance is a dangerous one to vest in the hands of any tribunal, and now that the amounts in litiga- tion frequently reach many millions in a single case, the power ' Public Papees of Goveenok Robinson. 25 of giving a five per cent toll to any party may easily become the means of great injustice and abnse. Again, section 3288 of the present bill provides that " the fees of a referee appointed to sell real property, pursuant to a judgment in an action, must^be fixed by the court at such a sum as it deems a reasonable com- pensfition for his services, not exceeding two hundred and fifty dol- lars." The Legislature of 1876 also deemed this subject worthy of their attention, and, by the same chapter above mentioned, limited the total fees in such cases to fifty dollars. I do not know of any reason for extending this limit, while there are many valid ones against it. I know of no petition or request for it. There would seem to be no call for advancing the pay of referees five hundred per cent at this particular time. .The plunder of mortgage debtors for this miuisterial class of services had become a great evil when it was stopped by "the act of 1876. It may be claimed that the court has power to prevent exorbitant charges, but that is a power which the court had in the worst days of reference extravagance and favoritism. The ordinary service of sheriffs and referees, in these matters, exhausts but an hour or two, and tlie old limit of fifty dollars is abundantly liberal. There is more reason to reduce it fifty per cent than to raise it five hundred. Section 2563 is as follows : " In addition to the sum specified in the last three sections, the Surrogate, upon rendering a decree in a contested cause, may, in his discretion, allow to a party, and include in that party's costs, a sum consisting of a percentage upon the amount or value of the estate or fund in controversy, but the entire percentage allowed to all parties cannot exceed the percentage which can be allowed to a party in an action in the Supreme Court." This is a new and thoroughly mischievous provision. It gives to every Surrogate, in his discretion, the power of shaving an estate to the extent of five per cent. 26 Public Papers of Goveenoe Robinson. and dividing the proceeds at will, if there has been a contest over its administration. The power thus granted in the large cities will be enormous. At the present time two contested will cases are pending in the city of New York, in each of which the estate in question is said to exceed sixty millions of dollars. Is it possible that the Legislature intend to risk in the Surrogate the power to take from each of those estates three millions of dollars, and distribute it at his will among the parties to the suit ? Yet that very power is given by this section. It will be said that such allowances would never be made, but it is not wise, in my judgment, to confer upon any judicial officer powers which will set before him a continual temptation. The provision will, moreover, serve to inspire far more numerous litigations over the estates of dead men. As a general comment upon the four sections last quoted, it may be said that the entire tendency of this portion of the act is to restore the vicious practice of large allowance by courts to attorneys, a practice which the people have recently and sternly rebuked, to which they are strongly and properly opposed, and a revival of which they are not disposed to tolerate. The entire system of discretionary allowances is wrong in principle, and ought to be abolished. It is of itself a sufficient argument for the refusal to enact any bill, that one of its leading features is the revival and aggravation of this practice. It tends to bring judges, courts and lawyers into bad odor and disrepute. It is not possible to keep it free from great evils, especially where, as in this act, no substantial limit is set to its operation. The spirit of our law is thoroughly opposed to giving a court power to impose' arbitrary penalties upon suitors who seek its protection in good faith. The law is free to every citizen in theory, and should be so in fact. Another line of objection to the whole bill lies in the frivolous Public Papeks of Goveenoe Robinson. 27 changes of expression where no change of meaning is desired or intended. Why this course should have been taken is beyond the comprehension of ordinary minds. The language of the former practice law has been the subject of repeated constructiog, and it has now, for nearly every section, a judicial interpretation. Unless some change of intent is sought, it is worse than folly to tamper with its words. Illustrations of this assertion might be adduced almost without limit, to show the unwisdom of most of these mere verbal changes. It is enough to say that of the hundreds of sections copied in substance from the old law, very few are unchanged in form. The revisers state that it was not ~ designed to change the meaning by snch modifi- cations of the expression, but the most sanguine can hardly expect the courts to hold systematically that the Legislature changing words had no design to affect the purport of tlie law. This unnecessary mutilation only renders it more certain that the effect of this bill would be to originate a library' of practice reports and books to which even our present possessions in that line would bear no comparison. I might go on indefinitely in the citation of errors, incon- gruities and evils such as- these. The act is full of them, but neither my time nor the limits of such a message as the present permit further detail. The Code of Procedure of 1848 and 1849, although in itself a model of clearness and accuracy, was fixed in meaning and established in use only at enormous expense to the people of the State. At the cost of many millions of dollars, at the expense of many- substantial rights, it had become imbedded in the jurisprudence of the State. It was understood by the courts, comprehended by the lawyers, checked by the restrictions experience had placed aronnd it, and afforded prompt and certain redress for civil wrongs. Its rules, contained in a statute of less 28 Public Papers of Governor Kobiwson. than five hundred sections, with some well understood pro- visions of the Revised Statutes, had, up to the time of its partial repeal in August last, fully covered the needs of our legal practice. It is now proposed by this bill, in addition to the one which has preceded it, to overturn this entire system, supplant a practice which we do know by another of 3,300 sections, and 1,200 pages which we do not know, and plunge the whole operation of the civil law, the entire subject of the redress of grievances, into utter chaos. The constructions which have obtained for thirty years are to be uprooted. Laws of personal rights are to be injected into the rules of practice. The salutary checks which have been put upon the expenses of litigation are to be thrown off, and the staggering business of the State is to be laid under heavy contribution to interpret at enormous expense a new and unwieldy system of practice law. To this outrage upon the people of the State, I cannot consent to be a party. The law of remedies bears most heavily upon the debtor class in every community. Upon them at last falls the burden of costs and -fees, allowances and disbursements. First or last, all the expenses of litigation are borne by them. It would be unjust, even in a time of great prosperity, to ask them to pay the great expense of putting a judicial construction on such an act as this. To ask them to do it now would be simply suicidal. If our practice needs correction, it is in the line of making the enforcement of private rights and private contracts less onerous to the obligors. It is surely neither wise nor just to put upon them the incubus of such a monster as this. I most earnestly urge the Legislature to take heed to the import- ance of this matter. I know that this commission and its folly have cost the people of this State two hundred thousand dollars in money, and that although limited to three years it has con- sumed eight. I concede the truth of all that may be said of Public Papers of Goveenoe Robinson. 29 the injustice of throwing away so large a sum, but it is far wiser to let it go than to add to its loss the greater misery of endless litigations to determine what our law shall^ be. There is, in my judgment, but one plain and proper course to takq, and that is, to repeal the thirteen chapters of the New Code which took effect on the first of September last, and to re-enact the Code of Procedure as it then stood. After most careful reflection, and consultation with the very best minds of the legal profession, I am sure that I only do my duty in most respectfully, but earnestly, appealing to the Legislature to take this course, the only one by which, it seems to me, the direst evil and confusion can be avoided. L. EOBINSON. Veto, Senate Bill No. 74, Amending Revised Statutes in Relation to Weits of Habeas Coepus and Ceetioeaei. 'state of new YORK: Executive Chambee, ) Albany March, 19, 1878. \ To the Senate: I return, without approval, Senate bill No. 74, entitled "An act to amend section one, article one, title one, chapter ninth of part third of the Revised Statutes, entitled ' Of the writ of habeas corpus and certiorari in certain cases.' " The rule which prevents persons convicted of an infamous crime from testifying in courts of justice, is as old as the founda- tions of our law. It was established in wisdom, and has been approved by experience. Its theory is, that a person who has been found guilty of murder, robbery, arson, rape, false swearing and other atrocious crimes, is not worthy of belief, and that testimony thus born of infamy should not be heard to contradict the word of honest men, and that he who had criminally taken 30 Public Papers of Goternob Eobinson. the life, or the property of one citizen, should not be allowed to swear away the rights of anotlier. The disqualification of this law has Jong protected the rights of the innocent from the perjury of the guilty. But among the many wise and well settled prescriptions of our law, swept away by the thirteen chapters of the new Code of Procedure which went into effect on the first of September last this disability of the infamous was abrogated. Section 832 of that Code removes the disability and- places the convicts in all our prisons on the same level with the best men who are called as witnesses in the courts. Beside the purest of citizens the worst of felons may now demand that his testimony be taken in every court of justice. It is not pertinent that I should discuss this innovation further than to make clear the faults of the bill herewith returned. Under the section of the Revised Statutes which this bill proposes to amend, the courts have no power to take, on habeas corpus from the walls of a prison, a condemned felon during the term for which he has been sentenced so that despite the section of the new Code which I have quoted, the courts have still no power, under the old statute, to take possession of a convict to secure his evidence. The present bill removes that disability of the courts. If it be made a law, every County and Supreme Court Judge, every judge of any local court of record, may order any or all prison- ers confined in prison, penitentiary, or jail, under sentence of death for murder, or arson, under sentence of life imprisonment .for manslaughter, rape, perjury, robbery or other crime to be taken from their cells to the remotest limits of the State, and there be held at pleasure of the court to testify in any trivial suit between two private parties for their own accommodation. I believe that this is not only unwise, but extremely wrong. The prisons and penitentiaries of our State contain over ten thousand Public Papers of Governor Robinson. 31 convicts. At least one-half of these are persons whose liberty is dangerous. Many hundreds are under life sentences for the vilest and most brutal crimes. The effort to convey them on long journeys through all parts of the State, will jnevitably lead to many escapes, and will endanger the lives of those who have them in charge, or such as may assist them. Yet, by the terms of this bill, whenever an apparent case is made, the court is bound to order such a bringing of the , felon, as a witness. It may take the murderer from liis cell the day before his execution. It may call any number of convicts from our prisons at once. It may subject the officers of our penal insti- tutions to all the dangers of escapes, revolts, conflicts between convict and keeper, not within the secure walls of a prison, but in public places, highways and conveyances. At the best, and even if this danger be avoided, the bringing of the vilest felons from their prison cells, into court and on to the witness stand, and returning them again from the witness stand to the pi-ison cell, cannot be regarded otherwise than as a pollution of the very temples of justice. I cannot imagine any necessity for such an extraordinary innovation. I have never known the due administration of justice to be impeded for the want of testimony from the prisons and penitentiaries. It is true that there are some persons in prison who ought not to be there, and who are not utterly vile and unworthy. In all such cases, where their testimony is absolutely necessary to prevent a failure of justice, the Governor has the power, and has uniformly exercised it, of granting a pardon with restoration to citizenship, which enables the witness to appear upon the stand under more favorable circumstances than would surround him if he were brought from prison into court to be taken thence to prison again. In my judgment the effi- ciency and purity of the administration of justice in our courts 32 Public Papees of Govbbnok Eobinson. will be best promoted bj leaving the law in these respects as it has stood foi* aares. L. EOBINSON. \ Yeto, Senate Bill No. 44, To Extend the Time foe Collec- tion OF Taxes in the City of Hudson. STATE OF NEW YORK : EXECUTITE ChAMBEE, Albany, March 28, 1878. To the Senate: I return, without approval, Senate Bill No. 44, entitled "An act to provide for extending the time for the collection of taxes in the city of Hijdson." This bill authorizes the Common Council of the city of Hudson to extend the time for the collection of the annual taxes from the twenty-first day of January of the present year until the first day of July next. It further provides that all interest or percentage that may have accrued on said taxes up to the said first day of July is remitted. In my judgment this provision is both unwise and unjust. Those per- sons who have in good faith paid their taxes already must lose the use of their money, while under the provisions of this bill those who are dilatory are excused from the payment of interest and all percentage. The Legislature thereby puts a premium upon tardiness and substantially ofiers a consideration for delay in payment. Besides this it seems to me a very grave question whether the remission of the interest and percentages is constitutional. The accrued interest is a debt due and owing by the tax-payer, and it is the property of the city of Hudson. It is certainly unfair for the Legislature to give this accrued interest to the delinquent tax-payers to the injury of those who have been punctual. Public Papers of Goveknoe Robinson. 33 Again, no provision is made for the filing of further securitj' by the treasurer, and this extension of time will probably operate to discharge his sureties. A further objection is that this bill provides that nothing in it contained shall be construed as extending the time in which the city treasurer is required to pay to and settle with the county treasurer, a provision out of which much controversy is likely to arise, in the event that the city- treasurer does not receive a suifi- cient amount of taxes to make the settlement with the county treasurer within the time prescribed by law. L. EOBINSON. Letter Transmitting to Hon. A. P. Smith, Countt Judge or Cortland County, Charges Preferred Against Him. STATE OF NEW YOEK : Executive Chamber, ) Albany, N. Y., April 1, 1878. \ Hon. A. P. Smith, Cowniy Judge, Cortland County, N. Y. : Sir. — Charges have been presented to me of which the fol- lowing are copies. They are of such serious import that it appears to be my duty to transmit them to the Senate. If you desire to be heard, or to make any denial or explanation of the charges, you will have an opportunity of doing so at the Executive Chamber, in the city of Albany, on Tuesday, the 9th inst., at 10 o'clock, A. m. L. EOBINSOK 3 34 PoBLic Papers of Gotbenob Kobinson. Yeto, Assembly Bill No. 14Y, Eelating to Ceetain Public Offices m Westchestee County. STATE OF NEW YORK : ExECUTIYB ChAMBEE, ) Albany, April 12, 1878. \ To the AssemhVy : I return, without approval, Assembly bill No. 147, entitled "An act in relation to the keeping open of certain public offices in the county of Westchester." The Eevised Statutes prescribe the daiys and hours on which the offices of Clerks and Registers in all the counties of the State shall be kept open. They expressly except all days which were then declared to be holidays, and all which should there- after be so declared. This bill is based upon the assumption that very many of the days now observed as public holidays have not been declared such by law for any other purpose than for the presenting and protesting commercial paper. I do not think that the statutes upon this subject will bear any such con- struction. If they will, the proper remedy is to pass a general act which will be applicable to all the Clerks' offices in the State. These offices are established not for the benefit and convenience of the men who hold them, but for the use and convenience of all people who have business to transact with them. The rule in regard to them should be the same in all the counties of the State. If it is not so now, a general act should be passed making it so. The impropriety of making a special and separate law for each county is manifest. A few counties have already obtained such laws. If the practice be not arrested, the mis- chief will continue until each county in the State shall have a rule of its own, differing, probably, from that of every other county.j L. ROBINSON. Public Papers of Govebnoe Robinson. 35 Yeto, Assembly Bill No. 153, Amending the Revised Statutes IN Relation to Inspectors of Election. STATE OF NEW YORK: Executive Chambee* ) Albany, April 15, 1878. \ To the Assembly : I return, without approval, Assembly Bill No. 153, entitled " An act to amend section twenty-one, article three, title three, chapter six, part one of the Revised Statutes.?' This bill seeks to amend the present statute regulating the appointment of Inspectors of Election by adding a provision that the minority Inspector shall be selected from the two persons in such election district having the highest number of votes for the office " belonging to the political party opposed on national and State political issues to the political party to which one or both of the two persons so elected belong." It further provides that in each town one of the Poll Clerks shall be selected from the political party to which the two Inspectors who shall be elected shall belong and the other Poll Clerk shall be selected from the political party from which the Inspector who shall be appointed as aforesaid shall belong. This act seems to me far less likely to secure an impartial con- ducting of our elections than the present statute. The provisions of the Revised Statutes upon this subject have continued in force without amendment for very many years. It is contrary to the spirit of our general law to take account in the statutes of political situations which are subject to continual change, and are not capable of any designation sufficiently stable for statutory recognition. Frequently within the period that the present law has been in force, there have been three, and ^even four, well defined political parties differing upon national and State politics. The theory of the ©jfisting statute is that in every 36 Public Papees of Goveenoe Kobinbon. locality the responsible minority shall be represented upon the board of Election Inspectors. In one section of the State this minority may belong to one political faith, elsewhere to any one of the other three. The present act, however, . contains an arbitrary mandate compelling the selection of Inspectors from two political parties only, thus casting upon the Inspectors elected the burden of deciding which is the political party opposed to them. Again, it is conceded that the most efficient and desirable Inspectors of Election are those whose partisan predilections are not sufficient to ally them strongly to any political organization. Their official action is apt to be more strictly impartial than that of those who are zealous partisans. Tet the present act debars this entire class from acting as Inspectors of Election, and requires that all Inspectors shall be partisans. Of the provision in the bill regulating the appointment of Poll Clerks, it may be said that while it is open to the same objections above stated, it is out of place in that the title of the Revised Statutes amended by this bill is not the one regulating the appointment of Poll Clerks, and the effect of the bill is to interject into one title of the Eevised Statutes a provision which belongs to another. Moreover, the appoint- ment of Clerks is so entirely matter for the consideration of the board of Inspectors, that if it be desirable that one Clerk be conceded to the minority the method of his appointment should bei left to the minority Inspector. L.. ROBINSON. Public Papebs of Goveenoe Eobinson. 37 Veto, Senate Bill No. 100, to Incoepoeate the American Jeesey Cattle Club. i STATE OF NEW YORK : Executive Chamber, Albany, A;ptil 15, 1878 To the Senate: I return, without approval, Senate bill No. 100, entitled "An act to incorporate ' The American Jersey Cattle Club,' for improving the breeding of Jersey cattle in the United States." Section first, article eighth of the Constitution contains the following provision : " Corporations may be formed under gen- eral laws, but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the Legislature, the objects of the corporation cannot be attained under general laws." Chapter 776 of the Laws of 1857 provides for the incorpora- tion of associations for improving the breed of domestic animals. I do not know of any proper object which may not be attained by the organization of this association under the general act. This being so, I suppose the Legislature to have no power to enact the present special charter under the section of the Constitution above cited. L. EOBINSON. 38 Public Papees op Goveknoe Robinson. Veto, Senate Bill No. 25, Amending the Revised Stattjtes IN Relation to Roads and Highways. STATE OF NEW YORK : EXEOUTITE ChAMBEE, ) Albany, Afrit 15, 1878. \ To the Senate : ': I return, without approval, Senate bill No. 25, entitled "An act to amend sections eighty-one and eighty-two of article four, title first of part first of chapter sixteen of the Revised Statutes." This bill proposes to abolish the long established rule in regard to the proceedings on an application for the discontinu- ance of an old road, on the ground that it has become useless and unnecessary. The present law makes it the duty of the Commissioners of Highways to whom such application is made to summon twelve disinterested freeholders of the town, to examine and certify in regard to the propriety of such discon- tinuance. If the twelve freeholders certify that in their opinion the road is useless and unnecessary, the Commissioners of High- ways are thereupon obliged to decide upon the application. The present bill so changes the Revised Statutes that the Com- missioners are to summon at least twelve freeholders of the town, thus giving them the discretion to summon as many as they choose,, and if any twelve of the number thus summoned shall certiiy that the road is useless and unnecessary, the Commissioners must then proceed as upon a unanimous verdict by a jury of twelve under the present law. In my judgment, this bill is open to two objections; first, that it directs the Commissioners to proceed even though a majority of the free- holders summoned by them should find against the application ; and again, that it puts the matter substantially under the control of the Commissioners of Highways. The old law has worked well for a long time. The change would probably tend to make PiTBLio Papers of Govbrnok Robinson. 39 the administration of such proceedings both loose and cumber- some, while beyond this, it is apparent that a highway might be condemned under the provisions of this bill, whije a majority not only of the freeholders in the town, but those aQ||;ually summoned on the jury, believed it to be both useful and necessary. L. EOBINSON. Veto, Assembly Bill No. 178, in Relation to Union Free School District No. One, in the Village oe Fort Edward. STATE OF NEW YORK: Executive Chamber, ) Albany, A^il 23, 18T8. f To the Assembly: « I return, without approval. Assembly bill No. 178, entitled " An act in regard to the union free school district number one, in the village of Fort Edward, and to authorize the board of educaition thereof to contract with the Fort Edward Col- legiate Institute for the use of certain rooms in said institute for school purposes and for the instruction of pupils therein." The bill provides that the Board of Education of Union Free School District Number One of the village of Fort Edward may contract with the Fort Edward Collegiate Institute (a private corporation) for the use by the free school of rooms to be provided in a building to be erected by the institute ; the contract to be on such terms and for such a period of years as may be agreed upon by the owners of the private academy and tlie public school authorities. The contract is to be submitted to the inhabitants of the district entitled to vote at school meetings. If approved by them, the annual rent agreed to be paid, is to be a charge upon the district and the board of edu- cation is authorized to levy taxes for the amount without 40 Public Papers of Goveenoe Eobinson. further submission to the tax-payers, every year that the contract may run. No limit is imposed by the bill on the length of time for which the contract may be made. The building belonging to the institute has been destroyed by fire and it is about to erect a new one. In this it is pro- posed to set apart rooms for the use of the public school, not- withstanding that the latter has a building of its own. My objections are these : First. The general school law (section nineteen of chapter 56Y, of the Laws of 1875) provides a sufficient remedy for eases of school-houses becoming overcrowded. The trustees are empowered to hire rooms temporarily. There is no necessity for giving to this one district the special power to make a perma- nent lease, as prbposed by tlie bill. And it is obvious tliat the providing of rooms in a building yet to be erected, will not relieve any existing need of the district. If there be no such existing and instant need, then a contract for the use of rooms for many years to come at a permanent cost to the tax-payers, is without excuse. Second. The Fort Edward Collegiate Institute is a private academy, taking pupils for pay. There are obvious objections to the mingling, of the pupils of our free schools with those of private schools, under one roof. The two systems have antago- nistic features and both will work better apart. Third. The bill is in violation of the spirit of the Constitu- tion, which forbids the use of public moneys, obtained by taxing the people, in aid of a private undertaking. It seems plain to me that the object of the bill is to secure to the collegiate institute, a fixed income for a long period of years, out of the taxes of the district. L. EOBmSON Public Papers of Govbknoe Robinson. 41 Veto, Assembly Bill No. 166, Relating to Certain Indebt- edness IN THE City of New Yoek, etc. STATE OF NEW YORK: Executive ChambeSj, ) Albany, April 27, 1878. \ To the Assembly : I return, without approval. Assembly bill No. 166, entitled "An act relating to certain indebtedness of the city of New York, and to provide for the payment and cancellation of the same." I have given to this bill careful study, coming to its exam- ination with a strong prejudice in its favor. It is commended by the Mayor and Comptroller of the city of New York as a measure that will "simplify the financial affairs of the city, prevent the future augmentation of its debt, and provide for the payment of its outstanding stocks and bonds at maturity." My own examination of it has led me to fear that, if enacted, it will accomplish nothing toward these purposes beyond what will be attained if the financial affairs of the city are left to be regulated by the existing ordinances and laws. A general objection to the whole bill is, that its language is so obscure and involved that its construction will be difficult and uncertain. Trusts so enormous as those affected by this bill ought not to be subjected to statutes wanting in pi-ecision. The financial condition of the city is this, as stated in the memorial of its authorities recommending this bill : Its funded debt is one hundred and twenty-one million four hundred and forty thousand one hundred and thirty-three dollars and fifteen cents. Its temporary debt, payable from special assess- ments, is twenty-one million three hundred and twenty -nine thousand five hundred dollars. The revenue bonds which are issued every year in anticipation, of the taxes for the year 42 Public Papers of Goveenob Robinson. are omitted ftoin this statement. For the payment of the assessment bonds, the moneys collected and to be collected from assessments now form a special and appropriate fund. The bill provides that these temporary assessment bonds shall be mixpd up with the funded debt, and that the existing sinking fund provided for the redemption of the funded debt shall be made liable for these temporary bonds. It provides, it is true, that the moneys now in the treasury of the city, collected on account of assessments for local improvements, and all moneys that shall be collected hereafter on account of assessments for local improvements now begun, shall be paid into the sinking fund, so that only the deficiency in the collections for these assessments will in fact be paid out of the sinking fund. This provision is not in the direction of simplicity, nor is it con- sistent with good faith. The sinking fund was established for, and is pledged to, the protection of certain long bonds. It is obvious that if tliese assessment bonds are made a charge upon the sinking fund, they having a shorter time to run will be paid earlier, and have a preference over the bonds to which the sinking fund belongs and, is pledged. Another class of bonds, amounting to one million of dollars, is to receive a like unfair preference, to wit, certain bonds of the towns annexed to the city from Westchester county. These, by section four, are to be called in, redeemed and canceled out of a sinking fund not originally pledged to them. These Westchester bonds have already been assumed by the city. There is no reason why they should not be left to "get the benefit of the sinking fund in common with the rest of the funded debt in their proper turn. Moreover, while the bill professes to pay into the sinking fund the whole sum to be collected from assessments, it provides that all the assessments due from the city itself on its real estate shall be canceled of record, thus increasing the Public Papees of Govebnoe Eobinson. 43 burden unjustly imposed on the sinking fund for this class of honds. Witli regard to the assessment bonds, the simple and honest course is to apply to their payment all the moneys properly pertaining to them that can be collected. When a deficiency in such collections is ascertained, such deficiency, of course, miist be assumed by the city, and will then become part of the funded debt and receive, in common with other indebt^ edness, the benefits of the sinking fund. There is not the slightest need of now mixing the accounts of the assessments with those of the funded debt, or with those of the sinking fund. It would be a breach of the city's plighted faith to do so. Any change in this respect which is not necessary is likely to be of injury. It will serve to conceal from public observation the deficiency likely to result in assessment collections. Section six of the bill provides that whenever in any year the commissioners of the sinking fund shall certify that the accumulations in the sinking fund are not suflScient to pay tlie stocks and bonds becoming due in the next calendar year, the city shall levy a tax toward the payment of such bonds or stocks, provided that such tax shall not exceed in any one year one million of dollars. This section, so far from providing tor the payment and cancellation of the city debt, which the title of the bill proclaims as its object, in fact restrains the city from paying its debt as it comes due, however willing it may be to do so. The reason assigned for this restriction is that it will be too burdensome on the tax-payers to exact from them each year the whole of the principal that falls due in the year. The amount of principal that falls due in the ten years including the period from 1878 to 1887, makes an average of two million eight hundred and thirty-five thousand dollars for each year. This is the average amount of principal to be paid beyond that which the sinking fund has provided for ; 44 Public Papers or Goveenoe Robinson. that is to say, it is the amount of the principal debt which, must be paid by taxation or by an issue of new bonds. The difference between the share of the State tax paid by the city in 1873, and the share paid by it in the present year is almost double the average sum which the city would be obliged to raise annually if for the above period of ten years it met all the maturing principal of its debt by taxation. The debt ot the city must be paid by taxation sooner or later, and the provision in this section would have been wiser if, instead of restraining, the city from taxing itself beyond a million in any year, it had required a tax to be levied every year of at least a million for the payment of the principal of the debt, whether the sinking fund was equal to the demand for the year or not. The sinking fund for the redemption of the city debt was established many years ago by ordinance of the common council. It is dangerous for the Legislature to meddle in any degree with its original pledges. It was established to provide for the payment of certain bonds of the city, which amount in all to twenty-one million five hundred and ten thousand forty-three dollars and forty-seven cents, not payable, some of them, until 1917. The securities in the sinking fund amount now to thirty-one million eighty thousand seven dollars and fifty four cents, that is to say, there is a nominal excess of nine million five hundred thousand dollars, and with this excess the bill proposes to deal. Until the stocks in behalf of which the fund was created are paid, there is no ascertained excess — there is no sum which the common council or the Legislature can properly divert or pledge to other purposes. Until then the accumulations must, as a matter of good faith, go on as prescribed by the original terms of the ordinance. ISTor is there any necessity for now disposing of the excess which will be found in the fund, if all goes well when its Public Papers of Goveenoe Kobinson. 45 original purposes shall have been accomplished. By the ordi- nances of the common council the commissioners of the sinking fund are obliged to make all their investments in city stocks, so that when the sinking fund has accomplished its original purpose, whatever excess or surplus there may then be will be found invested in the various outstanding stocks of the city, a ready made sinking fund for those stocks. By letting things alone, by leaving the sinking fund to operate under the original ordinances, the city keeps faith with the creditors to whom the fund was first pledged, and yet is constantly doing the very best thing to protect its other creditors, to wit : buying its own debts. The most accurate calculations I have been able to make show that in 1888 the sinking fund, if let alone, will have an atcumulation of over fifty million of dollars, after having paid twelve million five hundred thousand dollars of principal of debt coming due in the meantime. Again, the bill authorizes the issue of new bonds to run from twenty to fifty years in exchange for all bearing interest at more than five per cent that are now a charge upon the city. It does not limit this issue to the necessities of the city arising from time to time from an insuflSciency of the moneys provided jointly by the sinking funds' and by taxation. The probable effect of this section would be to place the greater part of the debt beyond the reach of the commissioners of the sinking fund. Despite the fact that the bill provides for the exchange of city securities to an enormous amount, it contains no provision for publicly advertising their sale or exchange, or for securing competitive bids. The entire matter is left to private negotia- tion, and the city might fail to realize any fair premiums whatever upon its new issues. Transactions of so large amount 46 Public Papees of Goveenoe Robinson, in. valuable securities ought to be made on public notice and in such way as to secure for the city the most profitable dis- position of its bonds. The bill, as I have said, is obscure and ambiguous in its language. Financial statutes ought, above all other laws, to be clear and precise, leaving no room for misconstruction. I would promptly give ray assent to any bill which would secure, with certainty, a simpler and better condition of the city finances and provide for the extinguishment of its debt as rapidly as consistent with the ability of the tax-payers. An act clothed in very few words and containing a few simple pro- visions, would suffice to these ends, and would accomplish, with certainty, all the beneficial results which are claimed to be the purposes of this bill, without encountering the objections which many of its provisions suggest. ' The act should provide: 1. That the city shall levy, every year, at least one million of dollars toward payment of the principal of its debt. 2. That whenever, in any year, the amount of principal which falls due is greater than the sum provided by the sinking fund and by taxation, the residue may be met by a new issue of bonds under proper restrictions. 3. That whenever tire commissioners of the sinking fund hold or shall purchase any of the bonds or stocks for securing the payment of which the sinking fund was created, such bonds or stocks shall be canceled and the interest on them shall cease. 4. That whenever bonds for new purposes shall be issued, taxes shall thereafter be levied sufficient to pay the interest and to meet the principal within twenty years. L. EOBINSON. Public Papees of Goveenoe Kobinson. 47 Veto, Assembly Bill No. 169, m Relation to Highway Tax OF THE N. Y. C. AND H. E. E. E. Co. IN Town of Mentz, etc. STATE OF NEW YOEK: Executive Chambee, ) Albany, Api'il 29, 1878. \ To the Assemhly. I return, without approval, Assembly bill No. 169, entitled "An act requiring the highway tax of the New York Central and Hudson Eiver Eailroad Company through the town of Mentz to be applied to the repairs of certain highways and bridges in said town." The first section of this bill provides that one-half of the highway tax of the New York Central and Hudson Eiver Eail- road Company in the town of Mentz, Cayuga county, shall be paid annually by the commissioners of highways of said town of Mentz, to Porter P. Wethy, Hiram Burhans and the agent of said railroad company, at Port Byron, and shall be expended by said Wethy and Burhans and said agent in work and repairs on the several roads and highways leading from the passenger and freight depot at Port Byron station to the village of Port Byron, and the work and repairs on certain other roads and highways named. There are two fatal objections to this bill. The first is that it is simply an appointment by the Legislature of overseers of highways in the town of Mentz, and next that it is a plain violation of the eighteenth section of the third article of the Constitution in that it is a local bill providing for the working of roads and bridges. Either fault is sufficient to justify its veto, and the two render it both unconstitutional and improper. L. ROBINSON. 4:8 Public Papers of Goveenoe Robinson. Ybto, Assembly Bill No. 140, to Amend Act Authoeizing THE TeEASUEEE OF MoNEOE CoFNTY TO SeLL PeOPEETY foe Unpaid Taxes. STATE OF NEW YOEK: Executive Chambee, ) Albany, April 29, 1878. \ To the Assembly : I return, without approval, Assembly bill No. 140, entitled "An act to amend chapter 104 of the Laws of 1877, entitled 'An act to authorize the Treasurer of Monroe county to sell property for unpaid taxes.'" In the sales of lands for taxes by the State, the law requires a publication once in each week for twelve weeks. The act authorizing the county of Monroe to make sale of its own lands reduced the time from -twelve weeks to six weeks. This bill proposes to further reduce it from six weeks to two weeks. This is plainly too short a time, and may cause very great injustice and wrong to the owners of real estate advertised to be sold. It is only one-third of the time required for publica- tion of notice of sales under all judgments of the courts, and cannot be regarded as a full and fair notice to parties interested. L. ROBINSON. Public Papees of Governor Robinson. 49 Veto, Assembly Bill No. 271, Authorizing Courts of Otek AND Terminer and. Sessions in Saratoga County to Pay Clbre Hire. STATE OF NEW YOEK : Executive Chamber, ) Albany, April 29, 1878. \ To the Assembly: I return, without approval. Assembly, bill No. 271, entitled "An act authorizing the Courts of Oyer and Terminer and the Courts of Sessions of the county of Saratoga to direct payment of clerk hire in certain cases." This act seeks to authorize the Courts of Oyer and Terminer and the Courts of Sessions of the county of Saratoga to allow compensation to the person employed by and acting as clerk of the District Attorney of that county for services rendered as such clerk at said court, not exceeding the sum of ten dollars a day, and for a period not exceeding six days at any one term of said court. It may, perhaps, be doubted whether the intent of this bill is to limit the compensation or gratuity mentioned to the person now acting as clerk to the District Attorney, or whether it comprehends any person who may be employed in that capacity. But in either event the enactment seems to me singularly unwise. It is no part of the province of either of the courts mentioned to remunerate the clerks of the District Attorney. He is not a public officer known to the law. He is not subject to the supervision of the courts, and they have no knowledge as to the value of his services. If any such expenditure is proper, it is the duty of the Board of Super- visors to consider and allow it. They have abundant power, and there is no reason why in a single county of the State it should be. taken away from them and vested in certain courts. The precedent would be pernicious and might open the door to much mischievous legislation. L. ROBINSON. : 50 Public Papers of Govbknoe Robinson. Yeto, Assembly Bill, Not Printed, to Provide for an Additional Number of Commissioners of Deeds in City of New York. STATE OF NEW YOEK: Executive Chamber, ) Albany, April 29, 1878. ) To the Assemhly r I return, without my approval. Assembly bill, not printed, entitled "An act providing for the appointment of an additional number of Commissioners of Deeds in the city of New York." There are already two thousand seven hundred and ten Notaries Public in the city of New York. Besides this there are three hundred Commissioners of Deeds, making a total of over three thousand officials in the city who are authorized to exercise the powers of the proposed new officials. I cannot see any good reason for adding to this already excessive number two hundred and fifty new and needless officers. If any change is desirable in such matters, it is in the direction of lessening the number of public officers rather than increasing it. L. EOBINSON. Pipe Lines — Reasons foe Allowing the Bill to Become a Law by Expiration of Ten Days ; with Opinion of the Attorney General. STATE OF NEW YORK. Executive Chamber, ) Albany, April 30, 1878. j I am unable to approve the act entitled "An act to provide for the incorporation of Pipe Line Companies " for the reason that I am of opinion that the power which it gives to the corporations which may be • formed under it, to take private property without the consent of the owner is unconstitutional. Upon this question I applied to the Attorney-General for an Public Papers op Govebnoe Robinson. 51 oflScial opinion, which he has kindly given to me, and it is hereto annexed. From this opinion, as well as from my own examination, I find the judicial decisions upon the question in some conflict and confusion. Some of them go so fer as to practically destroy the old doctrines in regard to the right of eminent domain. The question is a judicial one, and I regard it of great public importance that it should be authoritatively settled at " the earliest practicable day by a decision of the highest court in the State. For this reason, and for the pur- pose of enabling the matter to be brought before the courts for such adjudication, I cheerfully adopt the suggestion of the Attorney-General, and allow the bill to become a law by the lapse of the ten days provided for in the Constitution. L. EOBINSON. STATE OF NEW YORK: Office op the Attobnet-Geneeal, ) Albany, A'pril, 29, 1878. \ To his Excellency the Governor : The bill to authorize the formation of pipe line companies, containing a delegation to such companies of the right of eminent domain, upon which your Excellency has requested the opinion of the Attorney-General, presents one of the gravest questions of legislation, as well as of judicial inquiry. The power of eminent domain is inherent in the State, as the sovereign, and rests upon necessity. It does not exist by virtue of any constitutional provision. By the universal consent of mankind it appertains to all governments as essential to their existence and perpetuity, and to secure the beneficial objects of government. Implied consent is given to the exer- cise of this power by every person who becomes a subject or 52 Public Papeks of Goveenok Kobinson. a citizen under a government, and the tenure of property protected by government is burdened with the liability to be appropriated when deemed necessary by the sovereign authority. Tliis power is recognized by the Constitution, and the only provision respecting it is a restriction upon its exercise, requiring compensation to be made when private property shall be taken. But this great power, one of the highest attributes of sover- eignty, like the taxing power, can only be exercised for a public purpose. The Constitution, wliich requires compensation to be made when private property is taken for a public use, implies that under universally understood principles of govei-nment, the power can only be exercised for a public use. No consent is implied that under this power private property may be taken for a private use, for the plain reason that it would be destructive of the very object of government, which is to protect rights of person and rights of property. It is a fundamental principle that governments derive their just power from the consent of the governed; and implied consent embraces only the power necessary for the public" purpose of just government. A public use is therefore the only purpose for which private rights of property can be invaded and the owner displaced by the sovereign power. This is a limitation on the power of governments indispensable to the security and. happiness of the people. A public use, in the proper sense, is a governmental use. It is some purpose relating to the public defense, tlie public welfare, the administration of government, the means of communication with all parts of the territory governed, and facilities for collect- ing and augmenting the public revenue and for commercial intercourse. For these purposes lands may be taken for the erection of buildings for legislative bodies, for courts, for prisons, for all police and sanitary purposes, for educational uses and Ptjblio Papers of Goveenoe Robinbon. 53 for public charities, as well as. for building bridges, roads, canals and parks. "But the right of eminent domain does not, however, imply a right in the sovereign power to take the property of one citizen and transfer it to another, even for a full compensation, when the public interest will be in no way promoted by such transfer." (3 Paige, 73.) "A public use implies a possession, occupation and enjoyment of the land by the public at large, or by public agencies; and a due protection to the rights of private property will preclude the government from seizing it in the hands of the owner and turning it over to another on vague grounds of public benefit to spring from the more profit- able use to which the latter may devote it." (Cooley, Const. Lim., 5^31.) And the delegation of this power to corporations or to indi- viduals can only be made for the same purposes for which it can be exercised by the State. It can only be delegated for a public use, according to the just import of that term as declared by the courts. Questions of more serious difliculty have arisen from the delegation of this power than from its exercise directly by the State. The law has been strained to sustain delegations of the power, when the use was not jDublic in its true sense, but primarily for private advantage, and useful or beneficial to the public in their private affairs. Exaggerated importance has been ascribed to meritorious private enterprises, and legislative bodies and courts have yielded to plausible importunities for the delegation of this power for purposes' which cannot be justified upon sound principles. To sustain such grants, resort has been liad as Justice Cooley observes, to "the guise of a convenient fiction, which treats a corporation managing its own affairs for its own benefit, as a public convenience and agency." The theory of 54 PtTBLic Papees of Goternoe Eobinson. benefit to the public, under modern legislative and judicial action, has been made to supplement the more guarded and safer condition of use by the public. The exercise of this right by railroad corporations rests on this fiction and theory of bene- fit to the public, and was a departure from the principles oi the common law, but presented considerations so entirely new and important as apparently to justify the departure, and is now within the settled policy of the law. What constitutes a public use is properly a judicial question to be determined ultimately by the courts, although in some States it has been held that where a statute in terms declares the use to be public for which private property is authorized to be taken, the courts will hold it to be such, unless the contrary clearly appears ( 25 111., 540 ; 33 Conn., 55 ), and the United States Supreme Court has given sanction to the same doctrine. (4 Otto, 113; ditto, 310.) But in this State the law is settled that a legislative declaration cannot make that a public use which is not so in its nature. ( 39 N. Y., 174 ; 66 K Y., 569.) The latter case is the latest and most authoritative enunciation of the law upon this question. The court say that " where the uses are in fact public, the necessity or expediency of taking private property for such uses, by the exercise or the delegation of the right of eminent domain, the instrumentalities to be used and the extent to which such rights shall be exer- cised or delegated, are questions to be determined by the Legislature and not by the courts. "Whether the use is in its nature public or private is the question upon which the right of the Legislature to interfere with pi'ivate property depends. That question can only he determined by Judicial inquiry; and all the cases in which the action of the Legis- lature condemning or authorizing the condemnation of private property has been sustained, are founded upon the concession or Public Papers of Goveenoe Kobinson. 55 adjudication that the use for which the property is taken is, in its nature public." (66 K Y., 572.) And in that case the court decided that the delegation of the right of eminent domain to rural cemetery associations incorporated under the general laws of this State is for a private and not a public purpose, and therefore unconstitutional and ' void. We iind ourselves somewhat at sea, however (as Judge Cooley remarks ), when we xindertake to define in the light of the judicial decisions what constitutes a public use. (Const. Lim., 531.) But accepting (as the same learned jurist says) as correct the decisions which have been made, it must be conceded that the term "public use" as employed in the law of eminent domain, has a meaning much controlled by the necessity, and somewhat > different from that which it means generally. ( Const. Lim., 536.) And in expanding this view more fully elsewhere in an elabo- rate opinion he says : " Every branch of needed public industry has a right to exist and community has a right to demand that it be permitted to exist ; and if for that purpose a peculiar locality already in possession of an Individual is essen- tial, the owner's right to undisturbed occupancy must yield to the superior interests of the public." (20 Mich., 452.) This enlarged meaning given by the courts to the term " public use," renders it difiicult to determine satisfactorily whether the delegation of the right of eminent domain to corporate bodies, by the bill under consideration, is for a use that can be sanctioned as public in its nature. The purpose for which the right is proposed to be given is, as in the case of railroads, new. The interest to be subserved is vast as a branch of productive industry, and important as affecting the prosperity of the country and the facilities of commerce. 56 Public Papees of Goveenoe Robinson. The interests aifected and the character of the use are as public as in many cases in which the authority to take private property has been sustained by the courts of other States and of the United States, and in some instances in this State. The obvious objection that these pipe lines cannot be common carriers of merchandise, but must, necessarily, be restricted to a single commodity, would seem to be unsurmountable, if unembarrassed by judicial decision. But if the doctrine that a benefit to be public, instead of a use by the public, is to be recognized as excusing or justifying the delegation of this power, it is diffi- cult to deny its exercise when only one article, if of general public consumption and utility, is to be transported. Until the question shall be authoritatively settled by the courts of this State, it cannot be said to be so clearly beyond the bounds of legislation as to require executive condemnation on the ground of unconstitutionality. It would seem to be advisable, therefore, in view of the contrariety of judicial opinion, the large interests involved and the great importance of the question, to allow the courts to determine whether the measure is in conflict with the Oonstitution. That will secure a final adjudication of the ques- tion upon thorough and learned consideration, and which, as emanating from the only tribunal authorized to pronounce con- clusively upon a law, must command acquiescence and obedience. The bill in question applies all the features of a public use to the property authorized to be taken under its provisions which the Legislature can impart to it; declaration of the purpose, regulation of the manner of carrying on the business contem- plated, and reservation of State supervision and control. But the judicial inquiry still remains whether the Legislature has overstepped the limits of its power, and I think your Excellency is fully warranted in permitting the bill to become a law, so Public Papers of Goveenoe RoSiNSOiir. 57 that the courts may determine the grave and important question of its constitutionality. Yery respectfully. A. SCHOONMAKER, Je., Attorney-General. Yeto, Assembly Bill No. 326, to Amend Aot pok Inooepoea- TION of YiLLAGES, SO FAE AS EeLATES TO NoETHVILLE. STATE OF NEW TOEK: EXBOITTIVE ChAMBEE, ) Albany, May 1, 1878. J To the Assembly: I return, without approval, Assembly bill No. 326, entitled " An act to amend chapter 291 of the Laws of 1870, entitled ' An act for the incorporation of villages ' so far as the same relates to the village of Northville, in the county of Fulton," The chief objection to this bill is, that it is an attempt to evade the operation of the general law by an amendment, the effect of which is limited to a single village. It is a simple evasion of the general statute and the constitutional policy of the State, and is fairly equivalent to a violation of both. Several bills exactly similar were passed and vetoed at the last session of the Legislature. Since the adoption of the constitutional amendments forbidding special charters to villages, a number of such bills have been introduced in the Legis- lature, but have uniformly been defeated in the Legislature or vetoed by the Executive. Besides this general objection, the matters sought to be regulated by the amendment are within the power of the Board of Supervisors of the county of Fulton. I know of no reason why, in the case of this single vfllage, they should 58 PnBLio Papers of Goveenob EoBmsoN. be taken from the supervisors and made the subject of a special legislative authority in the trustees. L. EOBINSON. V^ETO, Assembly Bill No. 266, Amending Act to Consteuct .AND Improve the Road feom Piseco Lake in Hamilton County. STATE OF NEW YORK: Executive Chambee, ) Albany, May 1, 1878. [ To the Assemhly: I return, without approval, Assembly bill No. 266, entitled " An act to amend chapter 118, of the Laws of 1873, entitled ' An act to provide for the construction and improvement of the road from Piseco lake to Claflin's tannery in the county of Hamilton.' " The act sought to be amended by the present bill was passed on the twenty-second of March in 1873 and provided that it should remain in force for five years. It therefore expired on the twenty-second of March last. The present bill revives it and declares that it shall remain in force for ten years. The simple effect is to re-enact the law for five years to come. Since the bill was passed the Constitution has been amended by adding the provisions of the eighteenth section of the third article, one of which is that the Legislature shall not pass a private or local bill laying out, opening, altering, working or discontinuing roads, highways or alleys. The present bill is clearly in confiict with this provision of the Constitu- tion and would be a nullity if it were approved. As to its constitutionality it differs in no respect from an original act providing for the construction of the road in question. L. ROBINSON. [AMBEE, ) 1, 1878.) Public Papers or Goveenob Eobinson. 59 Veto, Assemblt Bill No. 171, to Ceeate a BoIed of Alms IN Geeman Flats, Heekimee Cottntt. STATE OF, NEW YOEK: EXECUTVE ChAMBEE, Albany, May To the Assembly : I return, without approval. Assembly bill No. 171, entitled "An act to create a Board of Alms, and to secure the better application of funds to relieve the poor in the town of German Flats, in the town of Herkimer." This bill seeks to create a board of three persons consist- ing of the Supervisor of the town of German Flats, and the Presidents of two villages in that town, to oversee the adminis- tration of the poor laws in that town, It provides for the appointment of an Overseer of the Poor by the Board of Alms created by it, and abolishes the statutory oflSce of over- seer in that town, in effect substituting the newly-created overseer for the officer now provided for by the general poor law. It commits the relief of the poor to officers chosen &r other purposes by part of the inhabitants of the town only. It provides that they may audit and allow their own claims for services. It authorizes them to provide labor for all persons who apply for relief, and to pay for such labor. The first fault of the bill is that it appoints a board of town officers in plain violation of the Constitution. Besides this defect, I cannot see any reason for the enactment of a local and special law making this one town an exception to the entire State in the system of public relief to the poor, while the most superficial reading will suggest very grave evils which are likely to result from it. It is a most evil example of special legislation. If the Legislature deem it wise to alter the provision in regard to the care of our poor, it should be 60 Public Papers of Goteenob Robinson. done by general laws, and after the most careful study. The method pi'oposed for this town is, so far as I can recollect, without precedent. L. EOBINSOlSr. Memorandum Filed with Senate Bill No. 148, in Relation TO THE State Survey. STATE OF NEW YORK : Executive Chamber, ) Albany, May 6, 1878.) Memorandum filed with Senate bill No. 148, entitled " An act relating to the State Survey, and making appropriation therefor." The State Survey, as originally proposed, contemplated a work of immense magnitude, of unlimited expense, and of little, if any, practical value to the people who were to pay for it. So long as it presented this appearance, I embraced every proper opportunity of placing upon record my earnest disapproval of it. I am now informed that the visionary and objectionable views originally entertained have been wholly abandoned, and that instead of surveying the whole State, it is proposed simply to fix, at small expense, a few points ■which may, hereafter be used by any counties, towns or indi- viduals desiring to make surveys for themselves in accordance with the new system. The bill is approved for the reason that it is in harmony with this greatly modified and unobjec- tionable plan. L. ROBINSON. PuBLio Papers of Governoe Robinson. 61 Memorandum Filed with Senate Bill No. 90, in Relation TO Furnishing Arms to the Albany Burgesses Corps. STATE OF NEW YORK : Executive Chambbr ) Albany, May 6, 1878.) Memorandum filed with Senate bill No. 90, entitled " An act to furnish approved arms to the Albany Burgesses Corps." As a general rule, it is against sound policy, and is in con- flict with the provisions of the Military Code, to supply arms to independent companies not subject to the laws or the dis- cipline which govern the State militia, designated the National Guard. The Legislature has, however, made an exception in favor of the Albany Burgesses Corps, which had a long and honorable history before the National Guard was organized, and which on various occasions voluntarily and without com- pensation rendered important services to the State. For these reasons the bill is approved, but with the distinct understanding that it is an exception to the general rule, and is not to be regarded as a precedent in any other case. I. ROBINSON. Veto, Senate Bill No. 193 to Extend the Time for the Sale of the Genesee Valley Canal, with Opinion of the Attorney-General. STATE OF NEW YORK : Executive Chamber, ) Albany, May 6, 1878. ) To the Senate : I return, without approval. Senate bill No. 193, entitled " An act to extend the time for the sale of the Genesee Valley Canal as provided in chapter 404 of the Laws of 1877, entitled ' An act to provide for the disposition and sale of 62 P0BIJC Papers of Goveenoe Eobinson. certain lateral canals of this State and the lands, rights and other property connected therewith.' " Having grave doubts of the power of the Legislature to take the action contained in this bill, I referred the matter to the Attorney-General for an expression of his opinion upon its constitutionality, and he has transmitted to me the following communication. STATE OF NEW YORK : Office of the Attoenet-Gbneeal, ) Albany, May 2, 1878. \ To His Excellency the Governor : The bill referred by your Excellency to the Attorney-General entitled "An act to extend the time for the sale of the Genesee Valley Canal," etc., being Senate bill 193, provides that the time of the closing and sale of the Genesee Valley canal shall be extended to the 1st of January, 1881, provided that the same shall meet the approval of the Canal Board, and that the Canal Board shall then establish such rates of toll for that canal as will keep the same in navigable condition. The necessary construction of this act is that it shall not become a law unless approved by the Canal Board. It sub- mits to another tribunal the propriety of enacting a law. The existence of the law is made contingent upon the approval of the Canal Board. This is legislation of the same character as the free school act of 1851, which was condemned by the courts as unconstitutional. (Barto v. Himrod, 4 Selden, 483.) The principle upon which that decision was founded has ever since been recognized and followed. The act in question must, therefore, be regarded as unconstitutional legislation and should .be disapproved for that reason. Very respectfully. A. SCHOONMAKER, Je., A ttorney- General. Public Papers of Govbenor Kobinson. 63 With the views of the Attorney-General, as herein expressed, I am in full accord. I am, therefore, unable to approve the bill. L. EOBINSON. Veto, Senate Bill, not Printed, to Authorize Appointment OF Constables in Town of Scio, Allegany County. STATE OF NEW YORK: Executive Chamber, ) Albany, May 6, 1878.) To the Senate : I return, without approval. Senate bill, not printed, entitled " An act to authorize the county judge of Allegany county to appoint four constables in and for the town of Scio in said county of Allegany." Section two of article ten of the Constitution declares that all city, town and village officers whose election or appoint- ment is not provided for by the 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." It seems clear, under this provision, it is not within the power of the Legislature to provide that the Constables, who are town officers, should be appointed by a county judge. Moreover, the general statute passed with regard to the requirements of this very section of the Constitution, has designated the justices of the peace of towns as the authority to make appointment of town Constables in cases where vacan- cies occur. I understand that the object of this bill is to provide specially for filling certain vacancies in office caused by the refusal of the Constables recently elected in the town of Scio to serve. 64 Public Papers of Goveenoe Robinson. In my judgment the bill is unconstitutional and improper, and for these reasons I do not feel justified in its approval. L. ROBINSON. Veto, Assembly Bill No. 204, to Extend Jail Limits in Oeange OotlNTY. STATE OF NEW YORK: Executive Ohambee, ) Albany, May 13, 1878.) To the Assembly : \ I return, without approval. Assembly bill No. 204, entitled "An act to extend the jail limits of Orange county." Chapter 482 of the Laws of 1875 makes full and complete provision for cases of this sort. It is manifestly improper that the Legislature should interfere, and by special act to do what is most carefully provided for by the general statute. L. ROBINSON. Veto, Assembly Bill No. 152, to Incoepoeate Toenado Hook AND Laddee Company of the Village of Union, Become County. STATE OF NEW YORK : Executive Chambee, | Albany, May 13, 1878.) To the Assembly : I return, without approval, Assembly bill No. 152, entitled " An act to incorporate the Tornado Hook and Ladder Com- pany No. 1 of the village of Union, Broome county, New York." This class of corporations may be organized under the general statutes of the State. Its creation by special act is, therefore, Public Papers of Govbenoe Robinson. 65 not within the power of the Legislature under the provisions of section one of article eight of the Constitution. L. EOBINSON. Veto, Assembly Bill No. 386, foe the Peotection of Fish IN Esopus Ceeek, etc. STATE OF NEW YOEK: Executive Chambee, ) Albany, May 13, 1878. j To the Assembly : I return, without approval, Assembly bill No. 386, entitled "An act for the protection of fish in Esopus creek, and its tribu- taries in the county of Ulster." Chapter 482 of the Laws of 1875 has conferred upon boards of supervisors the power to protect and preserve, subject to the laws of this State, fish and shellfish in all waters of the county. The intention of the statute is to delegate these matters to the local authorities, and there they should remain. Bills of this character have been uniformly disapproved where the super- visors had clearly the power to act in the premises. L. EOBINSON. Yeto, Assembly Bill No. 367, in Relation to Canals. STATE OF NEW YORK : Executive Chamber, ) Albany May 13, 1878. [ To the Assembly: I return, without approval. Assembly bill No. 367, entitled, " An act in relation to canals." The people of this State, having paid over thirty millions of dollars by direct taxation for the benefit of the canals, and finding their revenues diminishing and their expenses increasing, 66 Public Papers of Govbknoe Robinson. determined to make a complete change of canal administra- tion and management. For this purpose they adopted in 1876, by a majority of over four hundred and fifty thousand, an amendment to the Constitution, placing the whole power and responsibility of the management in the hands of one execu- tive head, denominated the Superintendent of Public Works. It is a most important experiment, and it is not too much to say that upon its success depends the prosperity, if not the very existence of the canals. Every officer of the government, every member of, the Legislature, and every citizen of the State, should make all reasonable efforts to aid the Superin- tendent in producing the most favorable results. After many delays and embarrassments, a Superintendent was appointed, and entered upon his duties about three months ago. On the fifteenth of April, some two or three weeks earlier than usual, the principal canals were opened, and are now in full and successful operation, encouraging the hope of a largely increased business, and a material reduction in expenses, results which will be hailed with the highest satisfaction by all sincere friends of the canals and of the commercial pros- perity of the State and city of New York. At this trying crisis in the fate of the canals, the present bill is presented to me for approval, and it becomes my duty to examine it with reference to the effect which it may pro- duce in securing or preventing the success of the trial in which we are engaged. I regret to find that it appears throughout to contain provisions none of which are 'likely to effect any good, and many of which cannot fail to embarrass seriously the Superintendent and to retard all his eftbrts to produce the expected results. It seems to be to a large extent a reversal of the will of the people, as expressed in the amendment to the Constitution. Many of its provisions Public Papers op Governor Robinson. 67 are in direct conflict with that instrument. All of them appear to be in a spirit of hostility to it, as exemplified in the following brief statement : , First. The Constitution expressly charges the Superintendent with the "execution of all laws relating to the repair and navigation of the canals." This explicit provision necessarily carries with it the power to purchase materials and " pay for them, to employ laborers and pay their wages, and certainly includes, canal appropriation laws. The powers thus given by the Constitution are all taken away by this bill, and placed in the hands of paymasters, officers never before known in the administration of the canals, even when the expenses were at least eight times larger than they are expected to be under the Superintendent. Second. The power to appoint all persons employed in the care and management of the canals, except collectors of tolls and that in the department of the State Engineer and Surveyor, is expressly given in the Constitution to the Superintendent. The bill takes away this power and provides for the appoint- ment of three paymasters by the Commissioners of the Canal Fund. If they may be authorized to appoint three so they may be to appoint three hundred or any larger number, and also purchasing agents, employing agents, inspectors, and so on until the Superintendent is shorn of every vestige of power which the Constitution has given him, and the canals involved in worse profligacy and ruin than that from which they have recently been rescued. It is worthy of note that in this section the bill overturns a provision of law which has existed ever since the institution of the Commissioners of the Canal Fund requiring that at all their meetings the presence of the Comp- troller should be necessary to make the quorum. This act 68 Public Papers op Gtovernoe Robinson. dispenses with that requirement without, in form, repealing or amending it. Third. The Constitution requires that the Superintendent and his assistants shall give security in such amounts as the Legis- lature shall require; and the Legislature, in view of the fact that all payments are to be made through the Superintendent and his assistants, fixed the security to be given by them at very large amounts, to wit, fifty thousand dollars for the Super- intendent and twenty thousand dollars for each assistant. That security has been given, amounting in all to one hundred and ten thousand dollars. This act fixes no amount of security to be given by the paymasters, but leaves it to the Commissioners of the Canal I'und, who are to make the appointments, to fix the security at any sum which they may choose. A merely nominal sum would meet all the requirements of the bill. Still worse, it provides that in case of the disability of a paymaster the Commissioners of the Canal Fund may appoint a person to discharge his duties temporarily. It contains no provision for requiring any security whatever from such temporary appointees, and defalcations by such substitutes might occur for which the State would have no chance of reimbursement. Fourth. The services of paymasters, if appointed, would be useless, embarrassing to the Superintendent and a needless addi- tional expense at a time when he is under the most absolute necessity of reducing his expenses to the lowest possible dollar. The whole amount appropriated for ordinary repairs for the current fiscal year, commencing October 1, 1877, was six hundred and forty thousand dollars. Of this sum the Canal Commissioners had expended two hundred and sixty-three thou- sand sixty -seven dollars and sixty-six cents before the Superin- tendent was appointed, leaving to him only the small sum of three hundred and seventy-six thousand nine hundred and PiTBLic Papers of Govebnoe Kobinbon. 69 thirty-two dollars and thirty-four cents with which to pay all the expenses of opening the canals and keeping them in run- ning order until the first of October next. Fifth. The Constitution leaves it entirely optional with the Superintendent to appoint one, or two or three assistants as he may deem proper, ^he bill, in direct violation of this provi- sion, declares that he shall appoint three. Sixth. The whole scope and spirit of the amendment puts it in the power of the Superintendent to make such divisions upon the canals as he may find most needful and convenient for their efficient and economical management. The bill provides that he shall divide the canals into three divisions, and that one of the proposed paymasters and one Assistant Superintendent shall be assigned to each division. Seventh. The bill, after making elaborate provisions of a character never before heard of in this State forbidding the appointment or discharge of any person for political reasons, further prescribes that "Any three citizens of the neighborhood where such violation occurred who are cognizant of the same may make complaint thereof, on oath, before a justiQe of the Supreme Court having jurisdiction in the county where such violation is alleged to have occurred, whose duty it shall be forthwith to summon before him such official against whom such charges have been made, to hear such charges, answer and determine the truth thereof." The justice is to hear the. proofs and give a certificate which may be presented to the Governor, and the Governor may remove the Superintendent. It is not likely that any Justice of the Supreme Court could be found who would assume such a jurisdiction and set up such an inquisition as is here provided. It is entirely foreign to all the powers given to the judiciary, or to the justice of that court, by the Constitution. It is neither an action nor a proceeding 70 PuBMO Papers oi' Governoe Eobinbon. in law or equity and the justice can neither give a judgment nor make an order in the matter. It is an empty extra-judicial proceeding altogether. The certificate which the justice is authorized to give is not of any fact nor of any adjudication. It is simply the expression of opinion ou the part of the justice as to what was the secret motive acting upon the mind of the Superintendent in making an appointment or a removal in the discharge of his duty. The presentation of it to the Govqrnor, and the conferring upon him by this act of the power of removal, may be regarded as superfluous. The Constitution itself gives to him that power without the interposition of any justice, or any complainants or any legislative act, if he chooses to exercise it.; and he is fiilly clothed with the power to inves- tigate every abuse, every act of maladministration, and to make the removal whenever it appears proper to him. Eighth. The complaint by three citizens may be made by any three disappointed applicants for places, or by any three discharged workmen ; and it may be made to any justice having jurisdiction in the county who is forthwith to summon the Superintendent before him to hear such complaints and answers. Every Justice of the Supreme Court has jurisdiction in every county of the State; and this action can be taken by the remotest justice in the State. The Superintendent may thus be summoned forthwith from Buflalo to Brooklyn ; and before he is through with the hearing there he may be summoned by another three complainants before a justice in St. Lawrence or Chautauqua counties on these errands which, as has been seen above, are to end in nothing, but which produce the annoy- ance and embarrassment of taking away forthwith at any time the Superintendent from the most important duties of his important position. It seems difficult to imagine any provision which could be more annoying to the Superintendent, more Public Papers of Goveenoe Robinson. 71 embarrassing i to bis action, mpre certain to bring disaster upon the experiment from which th« people are hoping so much. Ninth. Under the express and comprehensive prescription of the Constitution, the canals have been put in OBder and opened. A very considerable business has already been trans- acted and is upon the books of the department. Men are employed and plans matured. This act, if approved, is to take effect immediately, and will involve an entire change in the method of book-keeping and the accounts of the canal department. Confusion and uncertainty will be the inevitable result. Besides this, the bill forces upon the Superintendent the disadvantage of the credfit system instead of cash payments for tools and mate- rials, and thus two formidable difficulties are added to a situation already sufficiently involved. Want of time prevents me from going into the details of many other objectionable features of the bill. From first to last its effect is to overthrow almobt every provision of the amendment of the Constitution, to take away from the Superin- tendent all the powers which that amendment gives him, to leave him constantly at the mercy of disappointed applicants for places or discharged employes, to tie up his hands and embarrass his action in every direction so as to prevent the possibility of hi& making the new system of administration a success. Its violations of the letter and of the whole tone and spirit of the Constitution are so apparent that the law would doubtless be held to be a nullity, if it were approved. The new system niight be aided to some extent by judicious legislation, but such legislation is not indispensable, as the Constitution gives ample powers in itself for the care and management of the canals, and it seems unwise to interfere with it whilst it is going on with every promise of success, 72 Public Papebs op Goteenoe Robinson. before it has had a fair trial, through at least one season of naviffation. * L. EOSmSON. Yeto, Items in Assembly Bill No. 283, Known as " Supplt Bill." STATE OF NEW YORK : Executive Chamber, ) Albany, Mwy 13, 1878.) To the Assembly: I transmit herewith a copy of the statement of the items of appropriation to which I object, contained in Assembly bill No. 283, entitled " An act making appropriations for certain expenses of government, and supplying deficiencies in former appropriations," which statement was appended to the said bill at the time of signing it, in accordance with section nine, of article four, of the Constitution. L. ROBINSON. Statement of items of appropriation objected to, reason that it is not a bridge over the canal. " For constructing a bridge across the Erie canal, in Tonawanda, where Delaware street, in Erie coiinty, and Main street in Niagara county, intersect the canal, the sum of twelve thousand dollars, or so much thereof as may be necessary." This item is objected to, and not approved, for the reasons first above stated. It was disapproved last year for similar reasons. PtJBLio Papebs of Goveenoe Eobinson. 89 "For constructing a bridge across the Erie canal at Magnolia street, in the village of Geddes, in all respects according to the plans and specifications furnished and approved by the State Engi- neer and Surveyor, the sum of six thousand dollars, or so much thereof as may be necessary." This item is objected to, and not approved, for the reasons fii-st above stated. " For repairing the stop-gate at the mouth of the Genesee river feeder, at Rochester, aaid draining said feeder for sanitary purposes, fourteen hundred dollars, or so much thereof as may be necessary ; to be expended under the direction of the State Engineer and Surveyor." This item is objected to, and not approved, for the reasons first above stated; and for the especial reason that the Constitu- tion commits repairs to the Superintendent of Public Works; the Legislature has no power to commit them to the State Engineer and Surveyor. The same item was disapproved last year. " For constructing a bridge across the Erie canal at Lyell street, in the city of Rochester, according to plans and specifications approved by the State Engineer and Surveyor, four thousand dollars, or so much thereof as may be necessary ; said bridge to be built in place of the present structure over the canal at the same point." This item is objected to, and not approved, for the reasons first above stated ; and for the further reason that I am ofiicially advised by the canal authorities that the present bridge at this point is in good condition, and that there is no present need of replacing it. " For constructing a bridge across the Black river at Carthage, Jefferson county, on the site of the present bridge, under the direction of the State Engineer and Surveyor, five thousand dol- lars, or so much thereof as may be necessary." This item is objected to, and not approved, for the reasons first above stated ; and for the further reason that the present 90 Public Papers of Goveenoe Robinson. structure at this point can easily be repaired and should be. A new bridge is not needed and could not be constructed for twice the sum appropriated. The Superintendent of Public Works has abundant power to make the repairs necessary to put the bridge in good condition. -This can be done at one- fifth the cost of a new bridge without special provision of law. Under the language of this appropriation, however, nothing but a new bridge could be built, as the Legislature have no power to commit repairs to the direction of the State Engineer and have explicitly ordered a new one. " For the cost of constructing a lift bridge across the Erie canal on Mill street, in the city of Lockport, and for the removal of the masonry embankment and present bridge, and for furnishing the motor power, to be run by water, the sum of seven thousand and live hundred dollars, or so much thereof as may be necessary." This item is objected to, and not approved, for the reasons first above stated ; and for the further reason that I am officially advised by the canal authorities, that there is a good bridge now standing at this point, and there is no occasion to change it. " For building bridges across the State ditch at the points where the same crosses Oliver and Foundry streets, in the village of North Tonawanda, the sum of two thousand dollars, or so much thereof as may be necessary." This item is objected to, and not approved, for the reasons first above stated. " For drainage of leakage water through the dyke or bank on the north side of Tonawanda creek, in the village of Tonawanda, occa- sioned by the construction of the dam across said creek, by ditch, culvert or sluice, in such manner as may be deemed best by the Superintendent of Public Works, the sum of four hundred dollars, or so much thereof as may be necessary." This item is objected to, and not approved, for the reasons first above stated. Public Papers of Goveenoe Eobinson. 91 " For opening, straightening and cleaning out the channel of the Eighteen Mile creek -which carries off the surplus waters of the Erie canal by culyert and waste-weir, near Maybee's, in the town of Eoyalton, Niagara county, the sum of three thousand dollars, or so much thereof as may be necessary." This item is object;ed to, and not approved, for the reasons first above stated. "For retaining walls, and to complete the approaclies to Catharine street bridge, in the city of Syracuse, the sum of three thouFand dollars, or so much thereof as may be necessary." This item is objected to, and not approved, for the reasons first above stated. " For building a board or rail fence on the berme bank of the Erie canal, from the point where the Marcellus bridge crosses the canal, to the point where Freeman's bridge crosses the canal, in the city of Schenectady, the sum of one hundred and fifty dollars, or so much thereof as may be necessary." This item ig objected to, and not approved, for the reasons first above stated. " For building a board fence on the berme bank of the Erie canal, from the point where the Grand Island Ferry bridge crosses the Erie canal, in the town of Tonawanda, southerly, the distance of two miles, the' sum of five hundred dollars, or so much thereof as may be necessary." This item is objected to, and not approved, for the reasons first above stated. "For the construction' of a dam across the Moose river, at the old Brown Tract forge, the sum of eighteen thousand dol- lars, or so much thereof as may be necessary ; and the State Engineer and Surveyor is hereby authorized to submit plans and estimates to the Canal Board, who are hereby empowered and directed to order the building of such dam, and to take and appropriate any lands not released by the provisions of chapter eight hundred and fifty of the Laws of eighteen hundred and seventy-two, and of chapter three hundred and ninety-nine of 92 Public Papers of Goveknok Robinson. the Laws of eighteen hundred and seventy-four, which may be required for the purpose of building such dam, and of bringing the proposed reservoir into successful use." This item is objected to, and not approved, for the reason that it commits the work to the Canal Board. Under the sec- tion of the Constitution above quoted, creating the oflSce of Superintendent of Public "Works, it is no longer within the power of the Legislature to charge the Canal Board with the execution of any work for repairs, navigation, construction or improvement of the canals. They would, therefore, have no authority to spend the money, if the item were approved. "For the purpose of extending sewerage imder the Erie canal and to Squaw Island, at Black Bock, in the city of Buffalo, to be expended by the State Engineer and Surveyor, in accordance with the plans and specifications prepared by him, the sum of twenty-five thousand dollars, or so much thereof as may be necessary." This item is objected to, and not approved, for the reasons first above stated ; .and for the further reason that the State is neither legally, equitably or morally bound to construct sewers for any city or village. It purchased the right of way for the canal, and paid heavily for it, before its construction, more than fifty years ago. It is no more proper to charge it with the expense of constructing a sewer under the canal, or under a canal basin, than to charge it with like expense for constructing a trunk sewer imder any other piece of its property. Structures for sewage are, and should be, proper subjects for local con- struction and regulation. "For repairing the dams and completing the aprons of the same, connected with the Oswego canal, on the Oswego river, the sum of twenty thousand dollars, or so much thereof as may be necessary." This item is objected to, and not approved, for the reasons above stated. Public Papees of Govbenoe Eobinson. 93 " For cleaning out and reopenyig ditches between the Tonawanda creek and the Eleven Mile creek in the town of Amherst in Erie county, said ditches having been constructed under the provisions of chapter eight liundred and eighty, of the Laws of eighteen hun- dred and sixty-eight, the sum of five thousand dollars, or so much thereof as may be necessary." This item is objected to, and not approved, for the reasons first above stated. " For the construction of a lift, swing or di'aw bridge over the Oswego canal, in the city of Syracuse, on Salina street, at its inter- section with Bridge street, in place of the bridge now over said canal at that point, which was authorized by chapter three hundred and eighty-two of the Laws of eighteen hundred and seventy-four, the sum of twelve thousand dollars, or so much thereof as may be necessary ; to be paid by the Auditor out of any unexpended moneys in the treasury to the credit of the fund for extraordinary repairs." This item is objected to, and not approved, for the reasons first above stated. It was disapproved for like i*easons last year. " For the construction of a draw in the bridge over the navigable channel of the Oneida river at Brewerton, between the counties of Oswego and Onondaga, the sum of seven thousand five hundred dollars, or so much thereof as may be necessary ; to be paid by the Auditor out of any unexpended moneys in the treasury to the credit of the fund for extraordinary repairs." This item is objected to, and not approved, for the reasons first above stated. It was disapproved last year for like reasons. " For the repair of the dock built by the State in eighteen hun- . dred and seventy-five, on the east bank of the Hudson river, in the south part of the village of Lansingburgh, and in extending the same southerly so as to more fully protect said bank from the cur- rent of the third sprout of the Mohawk river, four thousand five hundred dollars, or so much thereof as may be necessary ; to be expended under the direction of the Canal Board." This item is objected to, and not approved, for the reason that its expenditure is committed to the Canal Board. As I 94 Public Papers of Govkenob Robinson. have already stated, to charge them with such an expenditure is not within the power of the Legislature, and the appropria^ tion would not be effective if appi-oved. L. EOBINSOlSr. Veto, Assembly Bill No. 35, to Facilitate the Teial of Certain Actions, and to Provide foe Counting Ballots, ETC., IN the City of Brooklyn. STATE OF NEW YORK : Executive Chamber, ) Albany, Mcm^ 9, 18Y9. j To the Assembly: I return, without approval. Assembly bill No. 35, entitled "An Act to facilitate the trial of certain actions, and to provide for counting the ballots in any ballot box or boxes deposited in the department of police in the city of Brooklyn, and to author- ize evidence in relation thereto." This bill is a special act relating to a recanvass of the result of an election once before decided, for a single officer. It is not possible that any enactment should be more purely local and special, or constitute a more direct interference with the general rules governing the legal review of such cases. The Constitution has gone so far as to expressly declare that the Legislature should not pass a private or local bill in relation to the opening or conducting of elections, and it is certainly con- trary to the spirit, if not the letter, of that instrument, that such an interference as ' this should be made with the methods prescribed by statute, to be followed by parties who feel aggrieved at the decisions of local canvassing boards. If there has been injustice done in the instance sought to be reached by this act, it may easily be corrected by the courts under the existing general laws. To pass a special act interfering with the usual practice is to set a dangerous precedent. Other and Public Papers of GovteRNOE Robinson. 95 greater .abuses would certainly follow. To prescribe that the boxes which contain the ballots cast upon an election nearly a year ago shall be now overhauled without any limit o| time is to put a great temptation in the way of interested parties to tamper with them and their contents. It would certainly lead to greater and more confused litigation than could arise under the general law with less prospect of a fair result. It would be far better for all parties concerned in this as in all other ca^es, to seek any redress to which they suppose themselves entitled, at the hands of the tribunals authorized to pass upon such questions in accordance with the general statutes upon the subject. L. ROBINSON. Veto, Assembly Bill No. 247, Amending act to Improve Flushing Avenue,' Long Island City. STATE OF NEW YORK: Executive Chamber, ) Albany, Moaj 9, 1879. \ To the Assemhh) : I return, without approval, Assembly bill No. 247, entitled "An Act to amend chapter 410, of the Laws of 1878, entitled 'An Act to improve Flushing avenue, Long Island City.' " This is a ponderous amendment to a long and detailed bill enacted at the session of 1878. The principle of specia,l legisla- tion for the improvement of single streets in cities, is not one worthy of general approval, but the bill of last year was sur- rounded by safeguards which seemed to redeem it as_ far as possible from objection. The present act makes extended amendments which embody many objectionable features. For example, the commissioners and their successors are directed to curb and flag said Flushing avenue and to construct any sewers which they may deem desirable to secure proper surface drain- 96 Public Papbes of Goveenoe Robinson. age to prevent the accumulation of water on those lands. The eighteenth section of the third article of the Constitution, for- bids the Legislature to pass any private or local bill providing for draining swamps or low lands. Under this clause, I suppose such an act as this is improper, if not unconstitutional. Again, in the fourth section, which by the present law requires all work to be done and materials furnished by contract or con- tracts, founded on sealed bids or proposals to be awarded to the lowest bidder, an amendment is inserted by which these salutary restrictions are to be observed "as far as practicable." It thus virtually abrogates the provision for letting work and furnishing materials to the lowest bidder. A further objection to the bill is that it contains the pro- vision that the improvement commissioners may, in their dis- cretion, pay any award for damages made to any party in full, instead of the excess only of such award over and above the assessment for benefit and advantage to such party, as now prescribed by law. I have before objected tp this provision in similar bills, and regard it as one likely to saddle assessed property in large, amounts upon the city. L. ROBINSON. Veto, Assembly Bill No. 364, to Peovide for Laying Out AND Altering Public Roads rsr Gektain Cases. STATE OF NEW YORK : Executive Chamber, ) _ Albany, May 9, 1879. \ To the Assembly : I return, without approval. Assembly bill No. 364, entitled "An Act to provide for laying out public roads and the altera- tion thereof in certain cases." Chapter 431 of the Laws of 1875, amending the Revised Statutes, provides fully for the laying out and alteration of pub- Public Papers of Goveenoe Eobinson. 97 lie roads. This act is not passed as an amendment, but as an original act, and seeks to provide for cases in which two or inore juries have failed to agree upon the necessity and pro- priety of laying out or altering such highways. The mode of procedure is substantially the- same as in other cases, except that a justice of the peace and the town clerk, of an adjoining town in the same county, are to be called in to act with the Com- missioners of Highways of the town in which the road proposed to be laid out or altered is situated, in drawing a jury, which is to be obtained from such adjoining town. It is not* right to submit, the question of laying out roads in a town to juries and officers drawn from other towns. That two successive juries, drawn from the town in which a road is sought, have refused to order it, is generally good evidence that the road is not needed and ought not to be built. To enact that, therefore, the officials of another town, and a jury made up of .the residents of that other town, may be called in and authorized to reverse the decision of the proper authorities of the town interested, is to take away from the people of a locality a discretion which they ought to exercise for themselves. They are, at least, entitled to the right of having their money expended by officers whom they choose themselves, rather than by those in whose selection they have no voice. L. ROBINSON. 7 98 Public Papers of Govbknob Robinson. Yeto, Assembly Bill No. 248, Relating to Certain Stkeets AND Avenues in Astoeia, Long Islaud City. STATE OF NEW YORK : Executive Chamber, ) Albany May 9, 1879. j To the Assembly : I return, without approval, Assembly bill No. 248, entitled "An Act relating to certain streets and avenues *n Astoria, Long Island City." I This is a long, detailed, special bill providing for the improve- ment of certain streets and avenues in Long Island City. Somewhat similar provisions were enacted last year in regard to two avenues in that city which were claimed to be peculiarly situated so as to require such interference by the Legisla- ture. This bill embodies many objections which I have before urged to similar legislation. A general and important argument to be made against it and all bills of its class is, that such matters ought to be committed to the care of local authorities. To enact that such particular improvements for single streets may be committed to commissioners named by the Legislature, in whose selection the people of the localities have no voice whatever, is to inaugurate a dangerous and mischievous system 'of special interference with purely local matters. If these improvements are desirable their regulation should be committed to the common council of the city. The Legislature ought not to exercise the functions of that body in dealing with them. L. liOBINSON. Phblio Papers of Governor Robinson. . 99 Veto, Assembly Bill Wo. 157, in Eelation to the County Poor in the Counties op Clinton, Niagara and Orleans. STATE OF NEW YORK : Executive Chamber, ) Albany May 9, 1879. ) To the Assembly: I return, without approval, Assembly bill No. 157, entitled "An Act in relation to the auditing of expenses for the support of the county poor and the purchase of supplies in the counties of Clinton, Niagara and Orleans." Many of the provisions contained in this bill are wise, but the arguments advanced in its favor are not sufficient to over- balance the objection that it is a local and special act interfer- ing with matters which should he the subject of a general statute. Nothing can be gained by enacting a series of differing special laws for the care of the poor for the several counties of the State. Utter confusion would result in a branch of the law which ought of all others to be the most uniform and simple. A wise and well digested general law on this subject is much needed, and only in the discussion and enactment of such a one can the deliberate judgment of the Legislature be obtained. To relieve local troubles is not, in my opinion, a compensation for plunging the poor laws into confusion. L. ROBINSON. Veto, Assembly Bill No. 434, in Relation to Fine Salt Lots ON the Onondaga Salt Springs Reservation. STATE OF NEW YORK : Executive Chamber, j Albany, May 13. 1879. ) To the AssemM/ij : I return, without approval, Assembly bill No. 434, entitled " An Act in relatioVi to fine salt lots on the Onondaga Salt Springs Reservation." 100 Public Papees of Goveenoe Robinson. The first and only section of the bill reads as follows: " "Whenever any fine salt lots on the Onpndaga Salt Springs Reservation, which have heretofore been conveyed to the State for the purpose of manufacturing fine salt thereon, without any pecuniary consideration for such conveyance, shall, in the opinion of the Superintendent of the Onondaga Salt Springs, be no longer necessary for the purpose of such manufacture, the Commissioners of the Land Office may, in their discre,tion, reconvey the said lots, or any of them, to the original grantoi-s, their heirs or assigns, upon the payment of the expense of such transfer and conveyance, without other or further consideration for the same." The constitutional provision regulating the lands owned by the State, contiguous to the salt springs, is as follows : " The Legislature shall never sell or dispose of the salt springs belonging to this State. The lands contiguous thereto, and which may be necessary and convenient for the use of the salt springs, may be sold by authority of law, and under the direction of the Commissioners of the Land Office, for the purpose of investing the moneys arising therefrom in other lands alike convenient ; but by such sale and purchase, the aggregate quantity of these lands shall not be diminished." The bill provides not that the lands be sold, but that they be given away. It is not to be inferred, because the lands were conveyed to the State without pecuniary compensation to the former owners, that they were given to the State out of pure generosity, and that, therefore, there is an equitable claim on the part of their original owners to have them back without consideration. The lands were, no doubt, conveyed in con- sideration of advantages to the grantors other than the receipt of money. It may have been greatly to their interest to convey the lands to the State, and take back leases with the obligation on Public Papers of Goveknoe Robinson, 101 bhe part of the State to furnish said lot or lots with salt water from the public pumps. Their former owners unquestionably converted these lands from private lands into State lands, in order to reap some benefit from the- change of title, and this benefit they have had. There is no more reason, apparent to me, why the State should give away these lands to their former owners than to any one else, nor any reason why it should give them away to any one. L. EOBINSOK Veto, Senate Bill No. 169, to Inooepoeate the Easteen New Tokk Fanoikeb' Association. STATE OF NEW YOEK : Executive Chambbe, Alba;ny, May 13, 1879. To the Senate: \ I retui'n, without approval. Senate bill No. 169, entitled "An Act. to incorporate the Eastern New York Fanciers' Association." By the first section of the eighth article of the Constitution it is provided that corporations may be formed under general laws, but shall not be created by special act, except for munici- pal purposes, and in cases where, in the judgmcTit of the Legis- lature, the objects of the corporation cannot be attained under general laws. The Legislature, by the Laws of 1875, chapter 288, has made ample provision for the formation of societies having the same objects in view as the one proposed to be created by this bill. I do not discover a single purpose in aijy of the provisions of this act which may not be obtained by Jhe organization of this association under the general act referred to. Its creation, therefore, by special. act would be in violation of the Constitution. L. ROBINSON. 102 Public Papers of Govkknok Robinson. Ykto, Senate Bill No. 79, Amending Revised Statutes in Relation to the Laying out and Alteration of Public Roads. STATE OF NEW YORK : Executive Chamber, ) , 1879. } Albany, May 13 To the Senate : I return, without approval. Senate bill No. 79, entitled "An Act to amend chapter 31.5, Laws of 1873, entitled 'An Aet to • amend the Revised Statutes in relation to laying out public roads and the alteration thereof and amendments thereto.' " This bill, as its title imports, is an amendment of chapter 315 of the Laws of 1873. But as that act was repealed by chapter 431 of the Laws of 1875, the present bill would not be opera- tive if it were approved. L. ROBINSON. Veto, Items m Assembly Bill No. 340, Known as " Supply Bill." STATE OF NEW YORK : Executive Chamber, ) Albaiiy, May 13, 1879.$ To the Assenibly : I transmit herewith a copy of the statement of the items of appropriation to which I object, contained in Assembly bill No. 340, entitled "An Act making appropriations for certain expenses of government, and supplying deficiencies in former appro- priations," which statement was appended to the said bill at the time of signing it, in accordance with section nine, of article four, of the Constitution. L. ROBINSON. Public Papees of Governor Robinson. 103 STATE OF NEW YORK: ExEOUTivB Chamber, ) Albany, May 13, 1879. \ Statement of items of appr(ypriaUon ohjeoted to, cmd not approved, contained in Assemhhf Mil No. 340, entitled "An Act making app?'opriations for oertam, expenses of govern^ ment, a/nd supplying deficiencies in former appropriations." "For Stephen Myers, John Johnson, George Hawkins, Perpy Dyett, James Shaw and Peter Lawrence, for services to the Senate md Assembly, in charge of the closets of the Capitol and of com- mittee rooms, under the appointment of the Superintendent of the Capitol, to .each of them, one hundred dollars." This item is objected to, and not approved, for the reason that it is in direct violation of section twenty-four, article three of the Constitution, which declares that " the Legislature shall aot, nor shall the common council of any city nor any board of supervisors grant any extra compensation to any public officer, servant, agent or contractor." The persons named in this item are servants employed at a regular monthly compensation, as I am advised by the officers having charge of the Capitol, and this appropriation is an extra compensation. " For the State survey, for extending its work during this year to the southern boundary of the State, and completing the survey in counties now partly finished, the sum of fifteen thousand dollars." This item is objected to, and not approved, for the reason that a similar sum has already been appropriated in the general appropriation bill. That appropriation was, in my judgment, of very doubtful propriety, as I have never been able to find out that any practical benefit was to be derived by the people of this State, from the State survey. I am of opinion that it should be discontinued altogether. In any event is is of too little importance to warrant two appropriations in one year of fifteen thousand dollars each. 104 Public Papeks of Govbknok Robinson. , " For the prosecution of the Adirondack survey to the close of the current fiscal year, as provided by chapter three hundred and seventy of the Laws of eighteen hundred and seventy-eight, seven thousand five hundred dollars. " This item is objected to, and not approved, for the reason that the sum of ten thousand dollars was appropriated for this purpose in a special bill of last year. That bill provided that the appropriation to this object should be ten thousand dollars for each year for six years. The sum of ten thousand dollars has already been appropriated in the general appropriation bill, and the approval of this appropriation would make seventeen thousand five hundred dollars for this year. I can see no rea- son and no justification, for the appropriation. This survey, like the State survey, is of no necessity and of no real practical benefit. The special act of last year, declaring that this appro- priation shall continue for six years, ought to be repealed, it being now apparent that the people will receive no adequate return for the money expended. " For Francis Swift, thirty-nine thousand three hundred and seventy-five dollars and twelve cents." This item is objected to, and not approved. It is proposed by it to make compensation for extra work said to have been done under a contract for structures at quarantine. After care- ful consideration, I am of the opinion that the item must be regarded as, in every sense, extra compensation to a contractor, and therefore unconstitutional under section twenty-four, article three, forbidding such an appropriation. But, even were it not open to the constitutional objection, such examination as I have been able to give it fails to convince me that it is a proper case for legislative interference. The contract under which the claim is made was finished and paid for in eighteen hundred and. seventy. At that time an allowance amounting to twelve thousand three hundred and fifty-one dollars and seventy-one Public Papers of Governor Kobinson. • 106 cents was allowed to the claimant, for extra work, upon the certificate of the engineer under whose direction the work had been constructed and who was familiar with all its details. As required by the contract itself, this certificate specified the amount of extra work for which the contractor was entitled to be paid, and the accuracy of the certificate was sworn to by the engineer. Upon the f-aith of it a final payment was made by the Comptroller and accepted by the claimant on the 30th of December, 1870. The money was received and paid as the final settlement of the whole matter. In May, 1872, a resolu- tion was passed by the Assembly directing the then State Engi- neer and Surveyor to make a survey and estimate. A report received from that officer in eighteen hundred and seventy-three , practically admits the impossibility of making such an estimate and survey correctly. The Legislature, in eighteen hundred and seventy-five, discarded this estimate, and ordered the Comp- ti'oller, Attorney-General and State Engineer to examine into the claim and to report to the next Legislature. No such report has ever been made, and it is now, at the expiration of nearly ten years from the final settlement of the contract, brought up, and, upon the imperfect report of the State Engi- neer, above referred to, it is allowed in full. I have thus par- ticularly referred to the history of this contract and" the claim under it, because a majority of the board of audit, after con- sidering it, have decided to allow it. While cheerfully conceding the care and ability with which the board have discharged their difficult duty, I regret that I am not able to agree with them as to the 'constitutionality or the merits of this award, and the appropriation for its payment. I have not, however, reached this conclusion without cg.refully perusing the entire evidence taken before the board of audit in support of the claim. The award can only be sustained by the direct impeachment of the sworn measurements of the engineer in charge of the work, 106 Public Papers of Govebnoe Robinson. who alone had opportunity to know exactly what the quantities were. It is not claimed that any such impeachment is offered, except by a conjecture of one other engineer, whose guess is founded on hearsay and unsworn evidence of interested parties. " For Charles A Danolds, sixty-five thousand dollars." This item is objected to, and not approved, for the reason that in this case, as in the preceding one, the members of the board of audit were divided in opinion in regard to it, the majority having adopted a principle Jvhich is, in my judgment, erroneous. The claim is that of a contractor for prospective - profits, upon a contract for certain wori on the State Reforma- tory at Elmira. After some progress had been made in the work, the Legislature, being dissatisfied with the manner in in which it was being carried on, and the unexpectedly large expenditures incurred, and likely to be incurred, passed an act changing the mode of proceeding, and in effect putting an end to the progress of the work under the contracts which had been entered into by the commissioners, and adopting a new and more satisfactory method of completing it. The contractors were fully paid for all that they had done, and all the materials that they had furnished, and suffered no loss whatever at the , hands of the State. The claim now made by the assignee of the contractor is not for any actual loss, but solely for the prospective, speculative and uncertain profits, which it is supposed he might have made, if he had been permitted to go on with the work under his contract. The decision of the board of audit, as I understand it, is based upon the assumption that the contractor is entitled to damages for such prospective profits. This assumption appears to me to be wholly wrong. The commis- sioners could not, under the law, make a contract which would bind the State to the payment of any such claim. I am not aware that the doctrine of allowing such profits has ever been followed or acted upon by the Legislature. I hold that a Public Papers of Govbrnoe Robinson. 107 sovereign State, in the discharge of its powers and duties as an independent government, is at all times at full liberty to change its policy in regard .to any public building in which thg whole State has an interest, and that if, upon such change by a pub- lic law, it takes care to prevent any actual loss to a contractor, and keeps him entirely whole, it does all which it is in good faith bound to do. Parties who contract with the govern- ment, know full well, when they do so, that it has, and must have, the right to exercise the power of changing its policy and its course of procedure in public affairs. It is not reduced to the level of an individual engaged in private business in this respect, and cannot be held liable as such. This inherent right of the government becomes, therefore, in fact, a part of the contract. Believing this rule to be entirely sound, I con- sider the claim kf or prospective profits which might have been, or might not have been, realized entirely unsound. After a inl} and careful consideration of this question with the Attorney- General, I find that I am in perfect accord with him in the views which I have expressed. I have received from him the following official opinion : STATE OF NEW YORK: Office of the Attoenby-Generalj ) Albany, May 10, 1879. \ To his Excdlenoy the Governor : In response to the request of your Excellency, for an opinion from this department upon the merits of the claims of George Worthington and Charles Danolds, in whose favor awards have been made by the board of audit, I have the honor to report that, in my opinion, the awards made by the board of audit are based upon an erroneous principle. The claimants had contracts with the State for certain work and materials in the construction of the Elmira Reformatory. 108 Public Papers of Goveknok Robinson. A general act of the. Legislature (chapter 323 of the Laws of 18Y4) provided for changes of plan and different methods of superintendence and of doing the work and procuring the mate- rial. The effect of this legislation was to terminate the existing contracts. The claimants did nothing under their contracts after the changes provided for took effect. They were, however, paid in full by the State for all work actually done, and for all mate- rial actually furnished, except a trivial sum in regard to which there is some conflict. The claims allowed by the board of audit are for the gains or profits, which the claimants insist they might have made if they had been permitted to continue the work under their con- tracts until the completion of the building. The basis of the claim is that in the construction of public works at the expense and for the benefit of the entire public, the State acts only as an individual, is subject to the same rules, and liable for breaches of contract in the same manner as indi- viduals, and bound to pay the possible pro:6ts that might have been made upon work not done and material not furnished. In ray opinion this principle does not apply to the State. In constructing public works the State acts as a sovereign. It exercises, for that purpose, its sovereign powers of taxation and of eminent domain. It acts for the whole public and not for private benefit. It employs agencies for such purposes as it .creates, and provides and abolishes compensation for official agencies for the administration of public affairs ; and, except where restrained by constitutional provisions, the will of the people, as expressed through the Legislature and the forms of law, is supreme. It has been, accordingly, held by the Court of Appeals that the act of 1874 was a legitimate exercise of legislative power. It was an expression of the will of the sovereign that the pub- Ptiblio Papers of Gotbenor Eobinson. 109 lie interests required changed in the construction of the Keforma- tory and the superintendence and method of the work. The true nature of the contracts entered into by the claimants was that they should continue the work and furnish the mate- rials stipulated by the contract as long as the State ^should require them to do so, and no longer. The obligation of the contracts was that they should be paid, at the rates mentioned, for all that the State might require them to do, and for any actual loss or damages sustained by reason of any changes the State -might order. The State assumed no obligation to pay them conjectural profits upon what they were relicTOd from doing under their contracts. In the case of public oflScers .(in the absence of constitutional restrictions), the State may employ and dismiss them at pleasure, may increase or diminish their compensation or abridge their terms of office. Although a public office is in the nature of a contract between the incumbent and the public, the incumbent has no vested title and no legal claim for damages by reason of the abrogation of his office or diminution of his compensation. Upon this question the Siipreme Court of the United States has said : " The promised compensation for services actually performed and accepted, during the contfnuance of the particular agency, may, undoubtedly, be claimed, both upon principles of compact and of equity ; but to insist beyond this on the perpetuation of a public policy either useless or detrimental, and upon a reward for acts neither desired nor performed, would appear to be reconcilable with neither common justice nor common sense. The establishment of such a principle would arrest necessarily every thing like progress or improvement in government. * * * It fol- lows, then, upon principle, that, in every perfect or competent government, there must exist a general power to enact and to repeal laws ; and to create, and change or discontinue, the agents desig- nated for the execution of those laws." (10 Howai-d, U. S., 416.) 110 Public Papers of Governor Robinson. The same principle has been sustained by the Conrt of Appeals of this State. (1 Selden, 285.) This principle applies with equal force to public works by the State and to the agencies employed in their construction whether by contract or otherwise. The right of the State to continue or discontinue public works, to change or abrogate the methods for their construction, and to employ and dismiss agents necessary for that purpose, must exist, or its power to act as a sovereign is ineffectual. If this power exists, there ca,n be no breach of a contract entered into by the State for the construction of a public work, for the right of the State to suspend work and to make any desired change is implied in every such undertaking. No claim for future proiits can, therefore, arise. The State performs its obligation by making full compensation. The Court of Claims, at Washington, rejects claims . of this character against the United States government, and the Supreme Court of the United States in a recent case (decided in October, 1877), has applied the same principle. (McKee vs. United States.) Upon these grounds, therefore, I am of opinion that the claims, for which the awards in question have been made have no foundation in law or in justice. Very respectfully yours. A. SCHOONMAKER, Je., A ttomey- Oeneral. In addition to tlie fundamental principles so clearly stated by the Attorney-General, there is another objection which does not appear to have been considered by the board of audit, but which is entirely fatal. A careful examination of all the statutes relating to the Reformatory reveals the fact that the commissioners never had any power to make contracts. The act Pu3Lic Papers of Goveenoe Robinson. Ill ffestablishing the board of commissioners, chapter 427 of the Laws of 1870, neither directed nor authorized the commissioners to do the work by contract. They were simply empowered to take charge of the design and construction of the building and to expend such amounts thereon as the Legislature should see iit to appropiate. They were not empowered to contract the work or bind the State to further expenditures upon it. These con- tractors knew when they took their contract, and their assignees knew when they bought it, that the commissioners had no right to bind the State. They knew the Legislature could stop the work or remove the commissioners at any time and they pro- ceeded with these facts before them. No authority to contract this work was ever given until the passage^ of the act of 1874, under which the operations of Lord & Danolds, out of which the present claim arises, were finally stopped.^ Under these cir- cumstances the position tliat these pai'ties are entitled to pro- spective profits on a contract made in 1871, three years before anybody was authorized to contract, is untenable. The public faith has been in no way pledged to them and they cannot urge their right to depend upon it. " For George Worthington, twenty-five thousand dollars." This item is objected to, and not approved, for the same rea- sons last above expressed. I understand the two cases to rest upon the same general f^cts, and to be governed by the same principles. I have considered these questions with great respect and deference to the gentlemen composing the Board of Audit, whose labors and fidelity in the discharge of their important duties deserve the highest commendation. I have never before found occa;sion to differ with them, and I do so now with great reluctance. It ought, however, to be borne in mind that the law establishing the board of audit did not intend the decisions of the board to be final. Substantially, the board takes the 112 Public Papers of Goveenob Robinson. place of the former standing committees on claims in the Legislature, and performs the duties which devolved upon those committees with much more thoroughness than it was possible for them to do; but the law leaves the decisions of the board in precisely the same condition as the reports of those com- mittees formerly were, and the Legislature retains full power to withhold appropriations for the claims passed upon by the board, if, in its judgment, it is proper and right so to do. The same power of objection and disapproval also remains in the hands of the Executive. " For completing and finishing the removal of obstructions in Chautauqua lake, and in the outlet thereof, the sum of two thousand dollars, the work to be done and money expended, under the direction of the Commissioners of Navigation of said lake ; but no part of said money herein appropriated shall be paid to such com- missioners, until they shall have executed a bond to the people of the State of New York, to be approved by the Comptroller, con- ditioned that they will faithfully discharge their duties as said commissioners, and duly account, under oath, to the Comptroller for all moneys received by them for the purposes aforesaid." This item is objected to, and not approved, for the reason that it seems to be an effort to establish, permanently, this expenditure, as an annual contribntion to the private interests concerned. There have been several appropriations of this character made on the ground that they were necessary or important for the navigation of the outlet of Chautauqua lake. They have amounted, in the aggregate, to seven thousand dollars. I cannot find that any general public interest, affecting the people of the State at large, has been subserved by these expenditures, and it certainly seems improper that the people of the whole State should be made to pay an annual contribu- tion for the benefit of this one locality, or for any private enterprise connected with it.. Public Papers of Govebnor Robinson. 113 " For the Comptroller, for the purchase of the bronze statue of "Robert R. Livingston, now in the Capitol, five thousand dollars. This item is objected to, and not approved, for the reason that, after the extravagant outlays which have been made for the mere ornamentation of the ISTew Capitol, no further expendi- tures in that direction should be pei-mitted until the walls of the building are up and the roof completed. " For the removal of obstructions in the Saranac river, between the middle and lower Saranac lakes, in the county of Franklin, to increase the capacity of said river for floating logs, the sum of two thousand dollars, the work to be done and money expended under the direction of three commissioners, to be appointed by the county judge of said county of Franklin, and who shall serve without com- pensation, and who shall give such bonds as the said judge may require for the faithful performance of their duty." This item is objected to, and not approved, for the reason that it is purely a local, private and personal enterprise, in which the State at large has no interest whatever. If the parties ovsming logs, desirous of floating them down the river, desire such an improvement, they are at liberty to make it, and should make it themselves. If the State commences to make such appropriations for purposes so purely local and special, there will soon be no end to the demand upon it for such aid. " For the repairs of the State bridges on the Cattaraugus Indian Reservation, five hundred dollars, to be expended under the direc- tion of D. N. Parker, of Gowanda, who is hereby appointed a commissioner for that purpose, who shall receive, out of said sum, three dollars per day, for each full day occupied by him in the dis- charge of such, duty, but for not exceeding , twenty days in the aggregate, and who shall execute to the people of this State a bond, to be approved by the Comptroller, for the faithful perform- ance of his duties as such commissioner." This item is objected to, and not approved, for the reason that I have, for three years in succession, vetoed appropriations 114 Public Papees of Goveenoe Robinson. of this character, on the ground that they are expressly pro- hibited by the Constitution. On that point there can be no doubt whatever. Section eighteen of article three of the Con- stitution declares that "the Legislature shall not pass a private or local biU *• * * providing for building bridges, and chartering companies for such purposes, except on the Hud- son river below "Waterford, and on the East river, or over the waters forming a part of the boundaries of the State." The fact that the Constitution makes certain exceptions, shows it intended to exclude everything else, and there is no pretense on which the Indian reservations can be considered otherwise than as local and private. The Indian reservations do not in any sense belong to the State.' It has no power to use them, to dispose of them, or in any way to manage them. The State cannot appoint commissioners, or any other officers, who will have any right to go upon the Indian lands at all, and under the recent decisions of the courts, the Indians themselves can- not give any such license, and the State cannot do it without the consent of Congress. " For repairing and macadamizing the road across the Onondaga Indian Eefeervation leading from what is known as the "Castle Hotel " in the town of Onondaga to a point intersecting the road leading by the house of Edwin Clark, the sum of one thousand dollars, to be expended under, the supervision of Thomas NesdaU of Syracuse, who is hereby appointed a commissioner for that pur- pose, who shall receive out of said sum three dollars per day for each full day occupied by him in the discharge of such duty, but for not exceeding fifteen days in the aggi'egate, and who shall execute to the people of this State a bond, to be approved by the Comptroller for the faithful performance of his duties as such Commissioner." This item is objected to, and not approved, for the reasons last above stated. The same article and section of the Consti- tution above referred to being equally explicit in forbidding the laying out or working of highways. Public Papers of Govebnoe Robinson. 115 " For the Buffalo State Asylum for the Insane. * * * And the further sum of ten thousand dollars to be paid to the city of Buffalo for the privilege of discharging such sewer into the said named sewer." . * This item is objected to, and not approved, for the reason that the State is under no obligation to pay for the privilege of connecting the sewer with the main sewer of the street. It would be an unwarranted assumption if the city were to charge a private property owner any such royalty, and it is still worse for it to attenipt to extort from the State upon which it has no right to "make an assessment or levy taxes. It would cer- tainly seem that after the State has expended over a million dollars in erecting a palatial asylum for the insane, and in beautifying its surroundings, it should be entitled to the privi- lege of connecting its sewerage with the existing system of the city, without being compelled to make a gratuitous donation of ten thousand dollars to the city itself. So far as my knowl- edge goes, such a tribute has never before been levied on the State on account of any similar institution. " For the Board of Commissioners of Quarantine to carry out the contract made by them with John A. Appleton for the purchase of real estate in the town of Southfield, Richmond county, dated November twenty-six, eighteen hundred and seventy-two, and approved by the commissioners of the land office December eigh- teen, eighteen hundred and seventy-two, the sum of three thousand five hundred dollars, or so much thereof as may be necessary, ' to grade down the hill thereon near New York avenue to a level on an easy slope from said avenue, so that no part of the land within four hundred feet from New York avenue should be more than six feet above the grade of the avenue directly opposite to it,' as specified in said contract." This item is objected to, and not approved, for the reason that I am advised by the Quarantine Commi|Ssioners that this is an exorbitant price for the work sought to, be done, and that the work itself is not necessary. The station referred to has 116 Public Papbks of Governoh Kobinson. already cost the State nearly two hundred thousand dollars. It is further stated to me that the annual appropriation made in this bill for q^uarantine is^ ample to pay for the grading men- tioned, if it should turn out that the State is under any obligation to do it. L. KOBINSON. Mbmobandum Filed with the Seoeetaky of State, in Rela- tion TO THE ApPEOPEIATION CONTAINED IN THE " SuPPLT BiLL " FOE THE New Capitol. , STATE OF NEW YOEK : Executive Chambee, ) Albany, May 13, 1879. [ in all my annual messages, and in various other ways, I have expressed fully my views in regard to the extravagant expendi- tures, useless ornaments, and great inconveniences of the New Capitol. In my last annual message I suggested that inasmuch as the Legislature was now provided for, it seemed to me proper that further appropriations and taxation should cease until the people should be better able than they now are to pay the heavy exactions made for this object, I urged that, if the work was to go on, measures should be taken for the adoption of some plan to complete it in a less ostentatious and expensive style. I regret that any further appropriation should be made at present, but the question was submitted to the Legislature, elected by the people, to represent them upon this subject as well as all others. The representatives of the people, thus chosen, have made a fur- ther appropriation of five hundred thousand dollars. They have annexed to it the conditions that the money shall be expended upon the walls arid roof of the building, without any internal ornamentation. Under these circumstances, much as I regret the appropriation, I think it would not be proper for me to attempt to defeat it by a veto. The responsibility for it rests with the Public Papers of Goveenob Eobinson. 117 members of the Legislature, elected by the people, in view of all the facts. L. EOBINSON. Veto, Assembly Bill No. 183, Atjtho:^izing the Foemation of Town Insueance Companies. STATE OF NEW YOEK : Executive Chambee, ) Albany, May 15, 1879. [ To the AssemMy : I return, without approval. Assembly bill- No. 183, entitled "An Act to authorize the formation of town insurance com- panies." Some days after this bill was passed, I received from the |jegislature another bill on the same subject, to wit: Assembly bill No. 184, which I have this day approved. The only differ- ence in the objects of the two bills is that the latter authorizes also the formation of county insurance companies. It covers all the proper objects sought to be attained by the present bill. There is little difference in their arrangement or general provi- sions, except that the expression of the latter bill is by far the more clear and comprehensive. If either bill were to be enacted, the latter is unquestionably the proper one. It would certainly be imwise and dangerous to put upon the statute book two acts upon the same subject, differing in expression. If the second bill had not been passed, the looseness with which the present one is drawn would be, in my judgment, a sufficient objection to its approval. Considerable amendment would be necessary to secure its practical operation. L. EOBINSON. 118 Public Papees of Govebnoe Eobinson, Veto, Assembly Bill No. 223, Amending act Fixing the Time FOE Election of Town Officees, etc. STATE OF NEW YOEK: • Executive Chambee, ) Albany, Moaj 16, 1879. ) To the Assembly : I return, without approval, Assembly bill No. 223, entitled "An Act to amend chapter one hundred and seventy-three of the Laws of eighteen hundred and seventy-four, entitled 'An Act act to fix the time for transacting the business of the town at the annual town meeting for election of town officers.' " The present law provides that no measure involving the expenditure of money shall be introduced at a town meeting after two o'clock in the afternoon. The object of this bill is to change the hour named to three o'clock. In my judgment, the present limit is sufficiently liberal. If any change were to be made, it would better be in the direction of fixing the limit at an earlier hour instead of a later. A very large part of the voters attending a town meeting, of necessity, leave quite early in the afternoon, and it is not proper that opportunity should be given to interested parties to spring upon the town meeting, late in the afternoon, a proposition involving the expend- iture of money, and thereby make an addition to the burdens of the tax-payers without their knowledge or consent. The ordinary experience of most of the towns in this State is, that as many propositions, looking to the expenditure of pubhc nioney, are ordinarily introduced before two o'clock as are com- patible with the interests of the tax-payers. L. EOBINSON. Public Papeks of Goveenoe RosmsoN. 119 Veto, Assembly Bill No. 272, to Prevent Fraud in the Sale or Exchange of Merchandise. .[ STATE OF NEW TOEK : Executive Chamber, Albany, Mouy 16, 1879 To the Assemhh/ : I return, without approval. Assembly bill No. 272, entitled "An Act to prevent fraud in the sale or exchange of mer- chandise." I am unable to find in this bill any good purpose which is not' fully to be attained under existing general laws for the punishment of fraud in transactions similar to those sought to be covered. Such wrongs are now easy of correction and punishment. It does not seem to me wise to encumber the statute books with cumulative proceedings, when the existing laws provide prompt and suificient penalties and remedies for every transgression at which ,the bill is aimed.- . L. EOBINSON. Yeto, Assembly Bill, not printed, Amending act to Provide FOR Draining Swamp Lands in the Town of New Eochelle. STATE OF NEW TOEK Executive C Albany, Mciy 19, Executive Chamber, | , 1879.} To the AsserrMy : I return, without approval. Assembly bill, not printed, entitled "An Act to amend chapter one hundred and five of the -Laws of eighteen hundred and sixty-eight, entitled 'An Act to pro- vide for draining certain swamp lands in the town of New Eochelle, in the county of Westchester,' and also to amend chapter five hundred and forty-seven of the Laws of eighteen hundred and seventy, passed May second, eighteen hundred and 120 Public Papees of Goternoe Robinbon. seventy, being an amendment to said act, and also to amend chapter two Imndred and ninety-five of the Laws of eighteen hundred and. seventy-one, passed April fifth,- eighteen hundred and seventy-one, being likewise an amendment of the foregoing several acts." It appears that, by the several acts as they now stand, the expense of the drainage provided for, is to be assessed on the lands benefited, except that a portion thereof, to wit, five thousand dollars and no more, is to be a charge upon the town of New Eochelle. This bill proposes to enlarge this limit to eight thousand dollars. It does not propose to submit the matter to the town meeting, but arbiti-arily imposes the additional charge. The town authorities protest. The propriety or equity of the town assuming an additional charge in the matter, is a question with which, it seems to me, the town meeting is more competent to deal than we are ; and the bill, if passed at all, ought not to have gone beyond authorizing the town to take upon itself the additional burden if it saw fit so to do. The work was undertaken and carried on with the well understood condition that the town was not to contribute over five thousand dollars. There is, therefore, nothing in the nature of a claim on the town, which the Legislature might feel bound to enforce. Any further pay- ments by the town ought to be voluntaiy. With the protest of the town authorities before me, I cannot approve the bill. L. ROBINSOK Pdblio Papers of Goveknoe Robinson. 121 Yeto, Assembly Bill No. 302, Authorizing Publication of Certain Legal Notices in a Newspaper Printed in the German Language, in the County of Erie. STATE OF NEW YOEK : Executive Chamber, | Albany, May 19, 1879. J To the Assembly: I return, without approval. Assembly bill No. 302, entitled "An Act authorizing the publication of certain legal notices in the county of Erie in a newspaper printed in the German language." The subject of the publication of notices in courts of record throughout the State has been largely confided, in many classes of action, to the discretion of the court itseK. It is not wise to commence the practice of taking that supervision from the court by special acts and making different rules for different localities. If, in the judgment of the Legislature, authority should be given to the courts to print legal notices in the German, French or other foreign language, it should be by a general act applying to the whole State. It certainly should not be by a local act confided to the courts as .a matter of dis- cretion for exercise in some one county only. L. ROBINSON. Veto, Assembly Bill No. 506, Authorizing Union Free School District Number One, Town of Milton, to Issue Bonds to be known as " Extended School Bonds," etc. STATE OF NEW YORK : Executive Chamber, ) • Albany, Ma/y 19, 1879. ) To the AssmMy : I return, without approval. Assembly bill No. 506, entitled "An Act authorizing the board of educajtion of union free school 122 Public Papees of Goveenoe Eobinson. district number one, Milton, to issue bonds to be known as ' extended scbool bonds,' to pay the school district bonds of said district, maturing in .the years 1880, 1886, 1890 and 1895." This bill provides for the issue by the board of education of the school district named, of twenty thousand dollars in bonds and their sale, in the manner prescribed in the bill. It further provides that the proceeds of the sale of said bonds shall be paid into the treasury of said school district for the purpose of paying the bonds of said district heretofore issued, and known as school bonds, and the interest thereon. I have heretofore disapproved bills authorizing the issue of bonds to pay interest on outstanding obligations. It is bad policy in any business to borrow money to pay interest. It is still worse to do it for any public purpose. The people are likely to have burdens enough upon their resources twenty years hence, without the addition of compound interest, and it is plainly our duty to refrain from thus transfemng our own burdens, in an aggravated form, to those who are to come after us. L. EOBINSON. Veto, Assembly, Bill No. 207, Amenddstg act KelAtive to Election of Police Justices in Villages, so far as the SAME applies TO THE ViLLAGE OF WoLCOTT. STATE OF NEW YOEK : Executive Chamber, ) Albany, May 19, 1879.) To the AsserrMy : I return, without approval. Assembly bill No. 207, entitled "An Act to amend section two of chapter 514 of the Laws of 1875, entitled 'An act to provide for the election of police jus- tices of villages,' as amended by chapter 308 of the Laws of 1876, so far as the same applies and relates to the police justice of the village of Wolcott, in the county of Wayne." Public Papers of Goveenob Eobinson. 123 I have several times before condemned the mischievous prac- tice of amending general laws so far as they relate to a single village, town or county. In this way the salutary provisions of law which have been enacted in response to the growing public sentiment against special legislation may soon be broken down and destroyed. The present bill is a fair example of the man- ner in which the general laws are tampered with for special .purposes, and is open to the objections which I have often before stated in disapproving similar measures. Amending a general act so far as it relates to a particular locality only, is in every case a mere subterfuge. It is special legislation and nothing else. The Constitution cannot thus be evaded. L. EOBINSON. Veto, Assembly Bill No. 470, Amending act to Confer Addi- tional Powers, etc., on Boards of Supervisors. STATE OF NEW YOKK : Executive Chamber, | Albany, Moa) 19, 1879.) To the Assembl/y : I return, "without approval, Assembly bill No. 470, entitled "An Act further to amend chapter 482 of the Laws of 1-875, entitled 'An Act to confer further powers of local legislation and administration, and to regulate the compensation of supervisors.' " This bill gives to the board of supervisors of any county the right, by a three-fourths vote of the members elected, to author- ize the annual town meetings, and all special town meetings, in any town in their county, to be held by election districts, and to prescribe the manner in which the tc^n business shall be con- ducted in such districts, and the results ascertained and recorded, without reference to the wishes of the residents of the town in question. It does not seem to me that such an innovation upon 124 Pdblic Papers of Goveenob Robinsok. the existing policy of the law is justifiable. The section soughi to he amended by this bill empowered the boards of supervisors, upon the application of any town by vote of the town meeting, to take the action provided. Chapter 285 of the Laws of 1878 prescribed a method by which the towns, after having adopted the new system, could return to the former system of holding one poll at town meetings, but the present bill authorizes the board of supervisors to completely ignore the citizens of the town. It is manifestly inconsistent with the act 1878, while it does not, either in terms, or by implication, repeal it. It would thus be possible for the board of supervisors, without any reqiiest from a town, to authorize the town meetings therein to be held by election districts. Under the act of 1878, in the very next year, the town could return to the old system, and a year there- after be sent back to the election district system by the board of supervisors. Nothing but confusion could result from such inconsistent legislation. L. EOBINSON. Yeto, Assembly Bill No. 206, to Confibm Action of the Trustees of Saratoga Springs, in Purchasing Lands fob Cemetery Purposes. STATE OF NEW TOEK : Executive Chamber, ) Albany, May, 19, 1879. j To the Assembly: I return, without approval, Assembly bill No. 206, entitled "An Act to confirm the action of the trustees of the -^dllage of Sara- toga Springs, in purchasing lands for cemetery purposes." This bill has been warmly urged by some, and as warmly opposed by other prominent residents of Saratoga Springs. The purchase which it Seeks to validate has been, and for aught I Pttblio Papers of Govebnok Robinson. 125 know, still is, the subject of bitter litigation, and although I am informed that it has been stipulated to discontinue one suit rising out of it, I am also informed that it is the purpose of otljer citi- zens to test the legality of the original purchase. Much has been urged in regard to the impoverished financial condition of the village of Saratoga Springs, and the absolute inability of the tax- payers to sustain further burdens unless absolutely imposed upon them by their own acts. After a careful consideration of the conflicting statements in regard to the purchase, I am fully con- vinced that this bill ought not to be approved. If the action of the trustees was valid, no statute is now needed. If it was not valid, and the corporation is not bound by it, it is very doubt- ful if the Legislature can effectually ratify it. To approve this bill now, would probably precipitate upon this overburdened vil- lage additional litigation, complications and expense. L. EOBINSON. Veto, Assembly Bill JSTo. 265, Amending act to Authorize Appraisal and Sale of Leased Fine Salt Lots on the Onondaga Salt Springs Reservation, etc. STATE OF NEW YORK : Executive Ohambbe, ) Albany May 20, 1879. j To the Assembly : I return, without approval, Assembly bill No. 265, entitled " An Act to amend chapter three hundred and seventy-four of the Laws of eighteen hundred and seventy-eight, entitled 'An Act to amend chapter 200 of the Laws of 1874,' entitled 'An Act to authorize the appraisal and sale of leased fine salt lots on the Onondaga Salt Springs Reservation by the Commis- sioners of the Land Office,' and to authorize the sale of certain 126 Public Papers of Goveenoe Robinson. coarse salt lands, the removal of vats therefrom, and the pur- chase of other lands in lieu thereof." The principal object of this bill is to cast upon the State the expense of removing the storehouses connected with the vats on the salt lands sold. No good reason is shown for imposing this expense upon the tax-payers, and it would far better be borne by the purchasers. The State is under no obligation, express or implied, to pay for these removals, and the bill, if approved, would simply be a donation of the amount it would cost to make them to the parties who have purchased the lots. I know of no reason for favoring such gifts by the State, be they large or small. L. EOBINSON. (■ Veto, Assembly Bill No. 346, Relating to the Atlantic Avenue Railroad Company of Brooklyn, etc. STATE OF NEW YORK : Executive Chamber, Albany, Kay 21, 1879. To the Assembly : I return, without approval, Assembly bill No. 346, entitled "An Act to amend the articles of association of the Atlantic Avenue Railroad Company of Brooklyn, and to provide for the construction and operation of an elevated railroad on Atlantic avenue in the city of Brooklyn." No bill of the present session has been so earnestly and elabo- rately urged upon the Legislature and the Executive as this. Yoluminous correspondence and the arguments of able counsel have been presented for and against it. It is a measure which is undoubtedly desired by a large and respectable portion of the residents of the city of Brooklyn. I do not doubt the justice and sincerity of their claim that rapid transit is urgently needed by their city, and that the Atlantic avenue route seems the Pttblic Papers of Govkrnoe Eobinson. 127 most feasible one on which to inaugurate it. Indeed, I ana so well convinced of the popular feeling that I think the disap- proval of the present measure is only to be justified by consti- tutional objections which would render it utterly void if enacted. I have given much time and thought to the consideration of the constitutional questions involved, and the very able and learned arguments in which they have been discussed. The scanty time at my command does not permit me to review all the points involved nor to summarize even the argu- ments presented upon them, or to state with any satisfactory fullness my views upon those which seem to me controlling. But I shall state with all possible conciseness two objections which I believe to be fatal. ^|The object sought to be accomplished is to grant authority to the Atlantic Avenue Railroad Company to elevate, construct and operate, with steam or other mechanical motive power, its railroad, along, through and upon Atlantic avenue in the city of Brooklyn, in the manner prescribed by the bill. From the conceded factg, it appears that the Atlantic Ave- nue Railroad Company is a corporation which has by legal transfer succeeded to the rights, the duties and the obligations of the Brooklyn and Jamaica Railroad Company. Among other rights of that succession, it is the owner of a special charter authorizing it to operate a surface railroad on Atlantic avenue in Brooklyn. It is urged, in behalf of the company, that since it already has surface tracks upon Atlantic avenue, the right to authorize the elevation of those tracks, and their operation as an elevated road, necessarily remains in the Legislature. Against this view, it is claimed that the enactment of such a provision is a legislative grant of the power to lay down railroad tracks, and therefore contrary to the eighteenth •section of the third article of the Constitution. These differing 128 PtJBLio Papbes of Governor Kobinson. views of the validity of the measure have been urged respect- ively at great length. After carefully weighing all that has been said on both sides, I am firmly of the opinion that the bill does violate the eighteenth section of the third article. It is a local and special bill. It does grant the right to lay down railroad tracks. It is no answer to this statement to claim that it simply authorizes the elevation of the track. It is certain that the Atlantic Avenue Company has not the right to elevate those tracks now. If done at all, it must be done by virtue of this bill. Yet it is freely admitted that the Legis- lature can make no constitutional grant of the right to lay rail- road tracks by local or special act. If this bill does not grant that power, then the Atlantic Avenue Eailroad Company would as well attempt to elevate their tracks without it. If it is such a grant it is unconstitutional and void. No prohibition of the organic law is more ' emphatic than than that which forbids the Legislature to pass a local or private act granting to any corporation, association or individual, the right to lay down railroad tracks. If any such authority is covered, intended or implied by this bill, it is absolutely null. The bill would not be operative, would result in tedious litigation, and would seriously postpone the accomplishment of rapid transit, instead of hastening it. I am fully convinced that the measure is open to this fatal constitutional objection, and is, therefore, nugatory. The people intended, by the constitutional amend- ments of 1874, to take away from the Legislature, utterly, the power to authorize the construction of railroads by local or special act. They meant to destroy forever the system of special grants to. favored corporations, by which private property might be forcibly taken away or destroyed, without hearing or compensation. Under those amendments, as adopted, the Legis- lature is entirely powerless to enact such bills as this. Certainly, Public Papers of Goveenoe Eobinson. 129 10 benefit to any city or locality, in the State, would be at all deqiiate to compensate the people for the calamity of a retiirn the corrupt and dangerous system of special railroad 'charters, rhich the amendments of the Constitution aimed to destroy, [•he history of that species of legislation is still fresh in the iiinds of the people. They will not tolerate its re-establishment. Again, it is conceded that the Legislature cannot grant to ny other corporation than the Atlantic Avenue Company the ight to lay these elevated tracks on the route covered by this lill. It certainly is not to be claimed that the Atlantic Avenue Company stands on a difEerent footing because of its existing barter for a surface road. To take this position is to say that, a every street in the State, upon which a horse railroad is Slid through special charter, all citizens, except that horse railroad orporation, are, by the Constitution, debarred from obtaining a pecial charter for an elevated road at the hands of the Legis- ature, but that the horse railroad company may still receive he privilege forbidden to all others. This is neither good law i Public Papees of Goveenob Eobinson. 133 Memoranda Filed with Ceetain Bills by the Goveenoe, m THE Office of the Seoeetaey op State, June 21, 1879. STATE OF NEW YOEK : Executive Chambek, Albany, Jime 21, 1879. Memorandum filed with Senate hill No. 225, entitled " An Act to provide for the removal of obstructions from the outlet of Cayuga lake wnd the channel of Seneca river." Not approved. This is a new appearance of a very old object of expenditure. After the Erie canal was constructed, the proprietors of the Cayuga marshes and swamps set up the claim that the construc- tion of the canal had damaged their property, and from time to time appropriations were made amounting in the aggregate to $355,000, for the alleged purpose of draining the Cayuga marshes. It was found in the course of these efforts that the bed of the outlet of the, Cayuga and Seneca lakes was composed of solid rock for a very long distance, and that the only mode of effectually draining these swamps was to lower the bed of that outlet so as to lower the waters of the lake. In the vain effort to accomplish that purpose several hundreds of thousands of dollars were spent. No marked effect was produced by any of these expenditures. The money was practically wasted. It is not pretended now that the expenditure of the thirty thousand dollars proposed to be appropriated by this bill will accomplish this purpose, so that the outlay if made wiU amount to nothing. I cannot ascertain from the best information within my reach that there is any considerable rise in the waters of the lake above its natural level. Like all small lakes, it is of course more or less affected by heavy rains and storms of wind, but I see no reason to believe that any considerable effect is produced upon it by the construction of the canal. For more than fifty years the channel of the. outlet of the Cayuga and Seneca lakes 134 PtiBLic Papkhs of Govebnoe Robinson. under the canal has been sufficient to carry off all the water without any sensible increase of the water in Cayuga lake, and without any complaint upon that subject until very recently. But if there is any such effect produced upon the waters of the lake as is now complained of, there is quite as much reason to attribute it to the deposits along the line of the railroad bridge as to the banks of the canal and probably much more. Moreover, if, as is most probable, this expenditure is to be made for the purpose of draining swamps and low lands, and benefiting the property of private individuals, it is directly for- bidden by the eighteenth section of the third article of the Constitution. L. EOBINSON. STATE OF ISTEW YORK : Executive Chambee, ) Albany, June 31, 1879. \ Memorandum filed with Assemhly hill No. 342, entitled ^'■An Act to amend chapter one hvmdred a/nd forty-seven of the Laws of eighteen hundred am,d seventy-siso, entitled 'An Act granting to the United States the right to acquire the right of way necessary for the improvement of the JTwrlem, river and Spuyten Duyvil creek, from the North river to the East rimer, through the Harlem kills, aud ceding jurisdic- tion over the same^ " Not a/pjproved. By chapter one hundred and forty-seven of the Laws of eigh- teen hundred and seventy-six, the State of New York ceded its jurisdiction to the United States, and made provision for acquiring the right of way from the East river to the Hudson river, for the purpose of improving the channel of the Harlem river. At the last session of the Legislature, by chapter three hundred and forty-five of the Laws of eighteen hundred, and Ptiblio Papekb of Govebnok Eobinson. 135 seventy-nine, the act of eighteen hundred and seventy-six was amended in some particulars so as to complete the right and power of the United States to proceed with the contemplated improvement. In neither of the acts was there any provision whatever looking to the payment of the expense or any part of it by the State of New York. Jurisdiction of the State was ceded, and all -the conditions of those acts were fixed on the assumption that the improvement was to be made and the expenses paid by the United States. Subsequent to the last act, chapter three hundred and forty-five, Laws of eighteen hundred and seventy-nine, the bill now before me was passed further amending the act of eighteen hundred and seventy-six by adding to the first section thereof the following words : " The same to be paid for by the State of New York out of any moneys in the treasury not otherwise appropriated ; said amount not to exceed ten thousand dollars." I can see no reason or excuse for this enactment. The whole expense of the contem- plated improvement should be paid by the government which makes it and holds jurisdiction over it. If the State is to pay for it or for any part of it, it should have done the work itself and retained its jurisdiction over it. L. ROBINSON. STATE OF NEW YOEK : Executive Chambee, ) Albany, Jvm,6 21, 18Y9. \ Memsrcmdum filed with Assembly Mil {not prmtecl) entitled '■'■An Act to appoint a commissioner to revise the lams for the assessment and collection of taxes." Not approved. All past experience has shown that any attempt to transfer the responsibilities and duties of the Legislature to commissions or committees to sit during the recess is utterly useless. There 136 Public Papers of Governor Robinson. is no reason to believe that this commission would fonn any exception to the general rule. Every thing that a commifision can do with a view to improve the assessment and tax laws has been done. A few years since a very able and competent com- mission was appointed for that purpose. A full and exhaustive examination of the whole subject was made by it, and all the facts bearing upon the various questions were .reported to the Legislature. That report, with all its wealth of facts and rea- soning, has remained untouched to this day. The State Assessors have also from time to time exposed the inequalities of the tax laws and urged their revision. I can see no use in a new com- mission to travel over the same ground at a heavy expense to the tax-payers and with no hope of any better result. The dif- ficulty must be cured by the Legislature itself. No new com- mission can do it or materially aid in the doing of it. The subject was elaborately discussed in both houses of the Legisla- ture during the recent session, and they were undoubtedly as well prepared to act upon it as they ever will be. The only excuse mad^ for neglecting it was a lack of time. But they had ample time to pass over seven hundred other bills, most of them of no general importance whatever. If this commission should go into operation, and should spend all the time remain- ing during the present year at a cost of ninety dollars a day for salaries, besides expenses, the report to be made to the Legislature at the opening of the next session would simply present the matter anew to the Legislature at precisely the point where they left it. It would be referred again to the appro- priate committees, would go through another round of discus- sion, and perhaps end by being referred to still another commission. I think it far more likely that a satisfactory result will be arrived at, if the Legislature is left to understand that when it meets again the people will demand that it shall take hold Public Papers of Goveknor Eobinson. 137 )f this subject in earnest and meet its responsibilities and per- 'orm its duties without leaving them to outside commissions vho have the power to talk but not to act. • It is with profound regret that I find myself unable to see my relief for the su£Eering tax-payers in this measure. Their listress is real and not imaginary. Of all the subjects which lemanded the attention of the I|egislature this was the greatest. That this pressing call has been thus lightly treated, while so nany local and trivial interests have monopolized legislative ittention is a great misfortune to the people. But its enact- nent simply means the waste of many thousands of dollars ivithout any return. The appropriation made is only fifteen ihousand dollars, but the expenses are not limited and would jertainly far exceed the amount appropriated. L. EOBmSON. STATE OF NEW YOEK: ExEODTivE Chamber, ) Albany, Jtme 21, 1879. j Memorandvmh filed with Assembly hill No. 466, entitled "An Act to cmthorize and regui/i'e the Secretary of State to collect wnd repiaT-crnH aye snhat.anf.ia.ll v t.rilfi. it is ordered that the 160 Public Papers of Govbbnoe Eobinson. said Archibald C. Powell be and he hereby is removed from. the said office of Superintendent of the Onondaga Salt Springs. [l. s.] L. EOBmSOIf. By the Governor : D. C. Robinson, Private Secretary. STATE OF NEW YORK : Executive Chamber, ) ' Albany^ Sept. 3, 18Y9. \ In the matter of tlie charges against Archibald C. Powell, Superintendent of the Onondaga Salt Springs. In 1874 the respondent was appointed Superintendent of the Onondaga Salt Springs, and has held that office from the first day of May, in that year, until the present time. It is said that charges of illegal management were presented to the Governor, against him, in 1875 ; but I find no such charges in the execu- tive chamber, and no record of, any action thereon. In 1877 charges were presented to me, making similar averments. They were very imperfect, both in form and substance, and, as no one appeared to prosecute them, they were regarded as abandoned and were dismissed. I refer to them because it is now claimed by the counsel for the respondent that no notice should be taken on this hearing of any transaction prior to those charges. There is, however, no record and no proof of any investigation, or inquiry ijito the merits of those charges. They cannot, therefore, be regarded as a bar to the present investigation, or any part of it. On the twenty-second day of November, 1878, a formal charge of malfeasance in office, with nine specifications duly verified, was presented to me. The respondent was required to answer the same, and did present his answer on the eighth day of December, 1878. The matter was referred to a commissioner to take proof of the allegations made in the charge and speci- fications. A supplemental charge and specifications were also Public Papebs of Goveknob Robinson. 161 presented and a supplemental answer made, and referred to the same commissioner. Many witnesses were sworn, and a large volume of testimony taken. The evidence and the briefs of counsel on both sides were finally submitted to me on the twenty-first day of August last. After a full and careful exam- ination, I find substantially but three allegations in the specifi- cations which are worthy of serious consideration. The first allegation, and the one upon which the decision in this case mainly depends, is: "In that from time to time, during his official term as such Superintendent as aforesaid, he has fur- nished a large amount , of labor and material to the State, to be used on and about the Onondaga salt reservation, in the pro- ceeds of which he was 'personally interested as a member of the firm of A. C. Powell, Son & Co., of which firta said Powell then was and still is the senior member, contrary to statute in such case made and provided." And further, that he has audited and paid to the said firm or firms the bills for such labor and materials. The law which the Superintendent is alleged to have violated, as stated in the above allegation, is contained in section 18, chapter 346, of the Laws of 1859^ and -is incorporated in the third volume of the Revised Statutes, Edraond's edition, p^rge 215. It is as follows : " Neither of the officers connected with the salt springs shall be in any way concerned in the manufac- turing or selling of salt, or have any interest whatever, directly or indirectly, in any salt manufactory, or erection for the manu- facture of salt, or in the profits of any sucfi manufactpry, or in any labor or materials, or contracts for doing any work, on the salt reservations, or which may be done under the provisions of this act." The question now to be considered is this : " Since the appointment of Mr. A. 0. Powell, as Superintendent of the Onondaga Salt Springs, has he had any ' interest, directly or 11 162 Public Papers of Governor Robinson. indirectly, in any labor or materials, or contracts for doing any work on the salt reservations ? ' " It appears, from the testimony, and the fact is conceded by the respondent, that, at the time of his appointment, he was, and for a long time previous had been, engaged in the busi- ness of foundryman and machinist, under the established and well known firm name of A. C. Powell & Co., and that, from the date of his appointment up to the present time, through all the changes which have been made in the persons com- posing the firm, his name has remained connected with it, and at the head of it, the business has been carried on at the same place as before, in the same manner, with the same materials, machinery and equipments ; that work for the State has been done, and materials furnished, in the same manner as before, and that he, as superintendent, has audited and paid to the said fii;ms, the bills therefor. It also appears that. Mr. Powell was a man of high character, capacity and business habits, and that his books and accounts were kept in good order prior to his appointment. From that time to the present, an extraordinary and inexplicable confusion is found to exist in these respects. Several changes were made in the firm, with the apparent object of getting over the provisions of the statute above cited, by conveying to other parties in the firm all his interest in the work and materials supplied to the salt works on account of the State. But I have endeavored in vain to find any way in which an account can now be stated from the books of the concern, which will show the rights of the respective members of the firm in the work and materials furnished for the State, separate from the general business of the firm, at the head of which his nanie has steadily remained. In the latest arrangement he claims to have conveyed all his interest in State work to his only son, Public Papees of Goveenob Robinson. 163 L. F. Powell. This son resides with his father. He had no capital to put into the concern. He paid nothing for the interest, bnt gave a note of $Y,500 to his father fo» it. He does not appear to have, or even to have had, any means of paying that note, except from the profits which he might make out of the State work. "Without repeating here all the long and. tedious details disclosed in the evidence bearing upon this point, I find myself unable, after several careful readings, to reach any other conclusion than that there has been a labored effort to evade the spirit and meaning of the statute, whilst claiming a compliance with the letter of it. Whether this be so or not, there is another important fact which is distinctly admitted and avowed on the part of the » respondent. He asserts that when he transferred his interest in the State work to his son and his partner, he permitted them to use his name at the head of the firm for the pur- pose of giving them the advantage of the established credit, character and reputation which his name had given, and would continue to give, to the firm, and in that manner and in his name the business has gone on and is now going on. He thereby became, and is, personally responsible to all the creditors of the firm for all its debts. It seems to me impossible to say, in view of these facts, that Mr. A. C. Powell has no interest, directly or indirectly, in the profits which that firm may make out of any department of its busi- ness for the payment of its debts and obligations. I cannot come to qny other conclusion than that, from the date of his appointment up to the present time, he has been con- stantly acting in clear violation of the statute above quoted, and that for this cause his removal from office is imperatively required by the Constitution and the law. The allegation that the Superintendent appointed an inspector who was interested in the manufacture of salt appears to be 164 Public Papbes of Governor Robinson. sustained by the proof. The respondent claims to have acted in that respect upon the advice of a distinguished jurist, whose opinion was that the inspector had no interest, and that, there- fore, his appointment would be legal. It appears, however, that all the facts were not stated, and that the inspector had some such interest. It was not large, but was sufficient to exclude him from appointment, although no complaint is made of any want of fidelity on the part of the inspector in the discharge of his duties. The charge in relation to unfairness and partiality in the distribution of brine, rests upon the fact that brine of a superior quality was pumped from private wells into private works, at the expense of the State, without goiqg into the general reservoir, from which all manufacturers were supplied. It is claimed on the part of the respondent that there is no law prohibiting such action in favor of private owners. I do not find' that there is any such law. If there is not, there ought to be, and the law should be amended in that par- ticular. This, however, is a subject for the Legislature, and not for the Executive. I do not find that any of the other specifications are sufficiently supported by the proof. The respondent has shown himself very sensitive to the impression that these charges were an attack upon his per- sonal character. It is proper for me to say that assuming his violation of the law to have resulted, as he claims, not from improper intent, but from a misapprehension of tts require- ments, there is then nothing in the proofs which in any manner impairs his general good character. His removal is made not as a punishment for any criminal offense or intent, but simply to secure an administration of the duties of the office in strict accord with the provisions of the statute regulating the management of the salt works. Under the construction Public Papers of Goveenob Eobinson. 165 which he has steadily persisted in putting upon the law, such an administration can never be secured while he holds the office. L. EOBUSTSOlSr. Peoolamation, Appointing A Day of Thanksgiving. PEOCLAMATION". By Lucius Eobinson, Goyeenoe. The gathered harvests, the ripened fruits and falling leaves, announce the presence of the season in which it is the custom of the people of this State to give public expression of their gratitude to the Heavenly Father for all the benefits received at His hands. Seldom has a year gone by more richly laden with his blessings than that which is now closing. The seasons have been exceptionally propitious. The earth has yielded large returns to the labor of its cultivators ; health, peace and good order have prevailed throughout the State, and a marked revival of prosperity in the various branches of industry and commerce is apparent. In accordance with long established usage, I hereby designate and appoint Thursday, the twenty-seventh day of November instant, to be observed as a day of Thanksgiving. On that day let all secular employments be laid aside ; let the poor be remembered with liberality; let the people a,ssemble in their places of public worship, and engage in appropriate religious services ; let pr'ayers and songs of thanksgiving arise to Him whose goodness and mercy are always over us.. "Let every^ thing that hath breath praise the Lord." Done at the Capitol, in the city of Albany, this sixth day [l. S.J of November, in the year of our Lord one thousand eight hundred and seventy-nine. L. EOBINSON. By the Governor : Da vid C. Eobinson, Private Secretary. 166 Public Papees of Governoe Robinson. Letter to Henry E. Knox and J. Adbianoe Bush, in Rela- tion TO Hearing Arguments in the Matter of the Charges Against the Sheriff of the City and County of New York. STATE OF NEW YORK: Executive Chamber, ) 3, 1879. ( Albany, November 20, Messrs. Henry E. Knox and J. Adriance Bush, of counsel for Bar Aiisociation Committee: Gentlemen. — I have received yotir request to appoint a time for hearing arguments in the matter of the charges against the Sheriff of the city and county of New York. It appears to me unwise and useless now to make such an appointment. On the 24th day of April, 1879, the charges against the Sheriff were presented to me at the Executive Chamber. On the same day I issued an order requiring the respondent to show cause why he should not he removed. On the fourteenth day of May, the counsel for the Sheriff filed his answer to the charges. On the twenty-eighth day of May, in accordance with the consent of the counsel for the complainants and the counsel for the respondent, an order was made appointing Mr. George Ticknor Curtis a commissioner to take proof of the matters alleged in the charges, and to report the facts found by him, together with all the testimony and proofs produced before him. On the twenty-iirst day of July, certain additional and supplementary charges were filed, and referred to the same commissioner. On the twenty-third day of October last, the commissioner presented to me his report, and also the testimony of the witnesses exam- ined, and of the exhibits produced before him. I have taken the earliest day which I could command t6 read carefully the commissioner's report. It appears that he -not only reports the facts found by him, as required by the order, but he also vol- Public Papkes of Governor Robinson. 167 unteers an opinion that they do not support the charges. I infer, therefore, that you desire, in arguing the case, to contro- vert both his landing uf the facts and the legal effedft which, in his opinion, should be given to them. These circumstances would render it impossible for me to make a just and satisfac- tory disposition of the case, without a careful reading and con- sideration of all the testimony taken, covering 950 printed pages, together with a large mass of documentary evidence, in the shape of exhibits. My own term of office, and also that of the Sheriff, will expire on the thirty-Hrst of December, but little more than thirty working days from this date. It is' not likely that I should find it possible to tix a time and hear the argu- ments of counsel, and examine and consider all the proofs in the case, before the expiration of that time. If I could do it, and should arrive at the conclusion that the Sheriff ought to be removed, there could not remain more than a week or ten days for any one appointed in his place to serve. Of course, no one would accept the position for that brief period. As I have repeatedly held and declared, in cases of removal, the object of the law conferring that power upon the Governor is not to enable him to punish the incumbent for past offenses, but only to secure pure and efficient administration, by the appointment of a faithful and capable officer in place of the one removed. If punishment is necessary or is desired, courts of justice are open, and should be sought for that purpose. The Governor has no such power. It is evident, therefore, that it would be a useless proceeding and an unjustifiable waste of time, absolutely demanded by other duties, to attempt now to take up, investi- gate and decide this ease. Yours respectfully. L. ROBmsoisr. APPENDIX Letter to Goveknok J. D. Bedlb, bF New Jersey, Giving Eeasons foe Kefusing to Suerendee Henry W. Baldwin TO THE AUTHOEITIES OF THAT StATE. STATE OF NEtV YOEK: EXECOTIVE ChAMBEE, ) Albany, N. Y., October 13th, 1877 ) His Excellency J. D. Bedle, Governor of New Jersey : Deae Sie. — Your letter of the twenty-second of August, in reply to mine of the twenty-sixth of May, in relation to the surrender of Heary "W. Baldwin, was duly received, and would have had earlier attention, but for my inability to read or write for several months past, and I am obliged now to confine myself to a very brief reply to the one only matei'ial point upon which we differ in opinion. That point is, whether a citizen of one State, committing an act in his own State which is a violation of the laws of another State, can be claimed by the latter State as a fugi- tive from justice. You state your position as follows : " There are two general classes of fugitives) one where a person offends against the laws of a State, iu which he resides, and then departs from it, the other where a non-resident violates the laws of a State, and then keeps away from its jurisdiction. In this latter class he may be a fugitive from the justice of the State whose laws he has violated, although an actual resident of the State from which his rendition is sought. This is too well settled for argument." The proofs presented to me with the requisition, in the case of Baldwin, show, and your letter admits, that he is a perma- nent resident in the city and State of New York. The indict- ment charges that the crime of which he is accused was com- 172 Appendix. mitted'on the 26th day of January, 1877. The proofs show that if any crime was committed, it was committed in the State of New York, and that he was not in the State of New Jersey and did not commit any crime in that State. My position is, that under these circumstances, Mr. Baldwin is not a fugitive from justice, and cannot be treated as such. In other words, he has not fled from New Jersey after the commission of a crime in that State. In stating ray views upon this point in my former letter, I referred your Excellency to an opinion of the late Governor Marcy, whose great reputation as a jurist and statesman was, of course, well known to you. I regret to learn from your letter that you have not been able to have access to his opinion, as it is a very able and conclusive discussion of the very point involved in this case, and it is the only authority, within my knowledge, which goes directly and conclusively to the question involved between us. I hope you will find an early opportunity of reading it. It will be found in the Senate journal of this State for 1836, page 39. It was a reply to a requisition from the Governor of Alabama, for the rendition of one Williams, who, in the city of New York, had committed an offense against the State .of Alabama, which was a felony under the laws of that State. It states the law and the reason of my position in so much better and clearer language than I could do it myself, that I copy from it the following passages : " I perceive you are aware of the difficulties which would result from the exercise of this power, if carried, by construc- tion, to the extent you propose to give it. You have fairly stated tlie embarrassments under which the prosecuting power would labor in its proceedings against persons brought from other and distant States within its proper jurisdiction, and there tried for acts done in those States. There are other difficulties and dangers incident to the exercise of this power, not brought Appendix. 173 into view by you, which deserve serious consideration. What occurs daily in the ordinary course of criminal proceedings, may take place in regard to persons transported to a distant jurisdiction for trial. It may happen that an innocent man will be accused, and, if demanded, he must be delivered up, should your exposition of the Constitution be sanctioned. Under these circumstances, his - condition would be perilous, indeed. Dragged from his home ; far removed from friends ; borne down by the weight of imputed guilt, and unable probably, to obtain the evidence by which he might vindicate his innocence; if appearances were against him, he could scarcely hope to escape unmerited, con- demnation. The assumption of a similar power, and the appli- cation of it to the American colonists by their acknowledged sovereign, to whom they owed full and perfect allegiance, was regarded by them as an act of revolting tyranny, and assigned, in the Declaration of Independence, as one of the prominent causes that had dissolved the bands by which they were united to the British king and nation. This consideration renders it, to my mind, very improbable that the framers of the Constitu- tion (almost all of whom were Kevolutionary patriots) intended to confer on each State the right to cause the citizens of all others to' be transported out of their own State, to be tried for acts done at home; and I cannot resort to a loose construction for the purpose of extracting such a power from the sacred instrument which emanated from their wisdom and experience. " It is a subject of serious regret to me that I am obliged to differ from your Excellency as to the rule of construction; but if it were otherwise, I think the result of the application you have made to me would be the same. I am apprehensive, and I say it with all due respect, that any reasonable rule of liberal construction would not extend this provision relative to fugitives so as to bring the case of Williams within its operation. If we 174' Appendix. could, by the force of liberal construction, and without unwar- ranted license, give to the word '■flee^ in this clause, the same meaning as the ordinary import of the word ' made^ as yon propose, it would not, in my opinion, remove the difficulty that attends the present application. The meaning of the word ^ evade^ as its etymology indicates, is to go from; and if it be assumed that '■jlee ' is of equivalent import to the word ^ evade ^ and this word, or some of the expressions commonly used in defining it, should be substituted for the terms 'flee' and 'fled,' in this clause of the Constitution, such an altera- tion of its language would not so far extend its operation as to impose on the Executive of any State the obligation to deliver up an offender in a case similar to the one yon have presented to me. To satisfy the word ' evade,^ if it were substituted for 'flee,^ the off'ender must have done some act with a view to elude or escape from justice, and must have gone from the offended State before he could be brought within the operation of the clause in question. It does not appear, in this case, that Williams has (and, therefore, the legal presumption is that he has not) done any act whatever to evade, or in any manner to escape from justice, and it is conceded that he has not escaped or gone from the State of Alabama. The substitution, then, of the word ^ evade'' for ^flee,' by a rule of liberal construction, does nothing to advance the purposes of this application, unless a rule of still more liberal construction is applied to the substi- tuted word ^ evade,'' which would give it an import equivalent to the phrase neglect or refuse to surrender voluntarily, and that part of the clause which speaks of the ' State from which he fled,' is regarded as entirely nugatory in this case. Such a license in construing the Constitution would efilBctually destroy all the restraints and limitations it imposes, and make it the source of all power that might be desired to invade the Appendix. 175 rights and sovereignty of the States. By no view that I have taken of this clause of the Constitution, have I been able to discover that it imposes on me, as the Executive of *the State of New York, the obligation, or confers the right, to surrender Williams to the executive authority of Alabama, and 1 must, therefore, respectfully decline to comply with the requisition in this case." The reasoning and decision of Governor Marcy appear to me to be entirely sound and just. They sustain, in the true spirit of the Constitution, the rights of the States and protect the rights and liberties of their citizens. The wrongs which might arise from the establishment of the opposite doctrine, contended for. in your letter, would, it seems to me, be intolerable. Highly' as the administration of justice in New Jersey is regarded, under this doctrine, a citizen of New Jersey, who had never been out of the State in his life, might be seized and carried away to Texas or any other State to be tried on an indict- ment found against him in such State. I cannot bring . my mind to the conclusion that this can be the fair interpreta- tion of the clause in the Constitution touching the rendition of fugitives from justice. I must, therefore, decline to comply with the requisition in this case. You refer to the fact that Baldwin attended a meeting of the board of directors of the New Jersey Mutual Life Insurance Company on the fifth day of January, and that he was elected a director of the company on that day and appointed a member of two committees. I cannot discover any materiality in this ; a man, surely, is not guilty of a crime when he allows himself to be elected a director of a company or to be appointed upon a committee. There is nothing which indicates that the pro- ceedings on the fifth of January were intended to be any part of a conspiracy to defra\id. If there ever was any such con- 176 Appendix. spiracy, it was formed on the twenty-sixth day of January, three weeks after the oceuri'ence on the fifth. The prosecuting officer and the grand jury charge, in the indictment, that it was on the twenty -sixth of January, and take no notice, whatever, of the pro- ceedings on the fifth. You refer, also, to the fact that the recitals in the indictment, as to the place where the alleged offense was committed, is stated in the indictment, which has usually been received, both in this State and yours, as suflBcient proof of that fact. What distinguishes this case from others is, that the depositions which accompanied the original requisition, includ- ing that of the prosecuting ofiScer himself, showed that the alle- gations in the indictment, in tliat respect, were wholly untrue, and that Mr. Baldwin was a permanent resident and citizen of the State of New York, and that the crime, if any, was com- mitted in the State of New York. On the face of the papers, therefore, if I had complied with the requisition, the defendant would unquestionably have been at once discharged upon a writ of habeas corpus, and I think the same result would follow, if I should comply with the requisition now. I have the honor to be, with great respect. Your obedient servant. L. EOBINSON. Appendix. 177 Communication fkom the Governor, Transmitting List of Par- dons, Commutations and Reprieves for the year 1877. STATE OF NEW YORK : Executive Chamber, ) Albany, January 11, 1878. J To the Legislature : The Constitution requires that the Governor "shall annually communicate to tiie Legislature each ease of reprieve, commuta- tion or pardon granted, stating the name of the convict, the crime of which he vras convicted, the sentence and its date, and the date of the commutation, pardon or reprieve." The number of pardons and commutations granted during the past year is 111. No reprieves were granted. There were some convicts released, as they were absolutely innocent ; some were pardoned in the interest of public justice ; some had I'eceived a sentence more severe than their fault deserved, and others, convicted of a first oflfense, under special circumstances, were considered proper subjects for executive clemency. Each case has been decided solely upon its merits, a due regard being paid to the opinion of the judge before whom the prisoner was convicted, and the district attorney. L. ROBINSON. Statement of Pardons, Commutations of Sentence and Reprieves granted hy the Ooverndr for the year 1877. PARDONS. January 17, 1877. William Brown. Sentenced June 22, 1876 ; county. New York ; crime, assault and battery ; term, one year ; prison, New York County Penitentiary. January 20, 1877. John Fitzgerald. Sentenced December 24, 1874 . county, Chemung; crime, robbery; term, five years ; prison, Auburn, 178 Appendix. January 27, 1877. George W. MoKeogh." Sentenced February 12, 1876; county, Erie; crime, bigamy; term, two years and three months; prison, Auburn. . January 27, 1877. Elijah L. "Wood. Sentenced April 6, 1876 ; county, Monroe ; crime, abortion ; term, four years ; prison, Auburn. January 29, 18.77. William "Wilson. Sentenced August 14, 1872 ; county, New York ; crime, robbery in the first degree ; term, twenty years ; prison, Sing Sing. January 31, 1877. Patrick Malloney. Sentenced October 7, 1874 ; county, Steuben ; crime, robbery ; term, five years ; prison, Auburn. February 6, 1877. Henry Rosenberg. Sentenced December 30, 1876 ; county. New York ; crime, cruelty to animals ; term, two months ; prison. New York Countj' Penitentiary. February 9, 1877. George "Weyman. Sentenced February 17, 1875 ; county, New York ; crime, grand larceny ; term, five years ; prison. Sing Sing; transferred to Auburn. February 10, 1877. Maria Hauser. Sentenced January 22, 1877 ; county. New York ; crime, bigamy ; term, one year ; prison, New York County Penitentiary. February 16, 1877. Philip Eyan. Sentenced April 24, 1874; county, St. Lawrence ; crime, robbery in the first degree ; term ; seven years ; prison, Clinton. February 17, 1877. Owen TuUy. Sentenced January 29, 1876 ; county, Kings; crime, mayhem ; term, seven years ; ■ prison. Kings County Penitentiary. February 20, 1877. Michael Finnegan. Sentenced January 13, 1870 ; county, Fulton ; crime, manslaughter in the first degree ; term, fifteen years ; prison, Clinton. February 24, 1877. Charles "Wood. Sentenced November 22, 1876 ; county. New York ; crime, cruelty to animals ; term, one year ; prison, New York County Penitentiary. March 3, 1877. Frederick Broughton. Sentenced January"27, 1877 ; county, Onondaga ; crime, assault and battery ; term, six months ; prison, Onondaga County Penitentiary. Appendix. 179 Pardoned on condition that he be taken out of this country, by tiie 8th day of March, 1877. March 22, 18T7. John McGuire. Sentenced May 18, 1875; county, Albany ; crime, grand larceny ; term, three years ; prison, Albany County Penitentiary. March 28, 1877. Thornas Nugent. Sentenced February 8, 1877 ; county, Albany ; crime, assault and battery ; term, six montiis ; prison, Albany County Penitentiary. March 29, 1877. Caroline Blank. Sentenced September 24, 1875 ; county, New York; crime, forgery in the third degree; term; two years and six months ; prison. New York County Peni- tentiary. Pardon granted on condition that she leave this country within one week and never refurn. March 21, 1877. Thomas W. Jones. Sentenced September 13, 1875 ; county, Oneida ; crime, grand larceny ; term, two years ; prison, Albany County Penitentiary. April 5, 1877. John Slavin. Sentenced August 1 5, 1876 ; county, Albany ; crime, assault and battery ; term, nine months ; prison, Albany county Penitentiary. April 11, 1877. James C. Austin. Sentenced December 7, 1874 ; county ; New York ; crime, grand larceny and forgery in the third degree; term, seven years and six months; prison, Sing Sing ; transferred to Auburn . Pardoned on the condition that he leave the country. April 17, 1877. Edward Brower. Sentenced October 20, 186s ; county, Rockland ; crime, burglary and rape ; term, twenty years ; prison, Sing Sing. April 20, 1877. William H. Rodney. Sentenced September 25, 1860 ; county, Seneca ; crime, rape ; term, life ; prison. Auburn. May 3, 1877. Adelbert Harvey. Sentenced October 19,1875; county, St. Lawrence ; crime, burglary and grand larceny ; term, three years; prison, Clinton. May 5, 1877. David Starling. Sentenced April 10, 1877 ; county. New York ; crime, petit larceny ; term, six months ; prison, New York County Penitentiary. 180' . Appendix. May 28, 1877. Charles H. Wolcott. Sentenced June 18, 1874; county, Chautauqua ; crime, forgery in tlie third degree ; term, five years; prison, Auburn. May 29, 1877. Thomas McDonald. Sentenced May 10, 1872; county. New York; crime, burglary in the first degree; term, fifteen years; prison, Sing Sing; transferred to Auburn. Pardoned on condition that he leave this country. June 18, 1877. Elislia H. Nelson. Sentenced March 27,1877; county, Oneida ; crime, assault with attempt to rape ; term, two years ; prison, Auburn. June 18, 1877. William Mossett. Sentenced May 3, 1877; county. New York; crime, grand larceny; term, one year; prison. New York County Penitentiary. Pardoned upon condition that he leave this country. June 26, 1877. John Schaifer. Sentenced November 14,1877; county. New York; crime, receiving stolen goods; term, one year and six months ; prison. Sing Sing. June 26, 1877. George Smithson, alias Conrad Herman. Sen- tenced June 27,1876; county. New York; crime, petit lar- ceny from the person ; .term, five years ; prison. Sing Sing ; transferred to Auburn. June 27, 1877. Thomas Barnard. Sentenced July 11, 1873 ; county. New York ; crime, robbery ; term, twelve years ; prison, Sing Sing; transferred to Auburn. June 27; 1877. James Adams. Sentenced January 18, 1877; county, New York ; crime, robbery ; term, twelve years ; prison. Sing Sing. July 2, 1877. Terrance McGowan. Sentenced January 24, 1876 ; county. New York ; crime, burglary in the third degree ; term, two years and six months ; prison. Sing Sing. July 3, 1877. Valentine Werner. Sentenced February 7, 1877 ; county Dutchess; crime, keeping a disorderly house; term, one year and fined $250 ; prison, Albany County Penitentiary. July 18, 1877. David Odell. Sentenced June 1, 1877; county. Orange; crime, assault and battery; term, sixty days; prison, Albany County Penitentiary. . Appendix. 181 \ngu8t 1, 1877. Frank H. Walworth. Sentenced July 5, 1873 ; county, New York ; crime, murder in the second degree ; term, life; prison, Sing Sing; transferred to the Asylum for Insane Criminals at Auburn. ingust 2, 1877. Horace Holcomb. Sentenced December 15, 1875; county, Cayuga; crime, grand larceny; term, four years; prison. Auburn. August 9, 1877. John Johnson. Sentenced July 7, 1877 ; county, Greene ; crime, assault and battery ; term, three months ; prison, Albany County Penitentiary. &.ugust 9, 1877. George Eevolt. Sentenced June 4, 1872; county, New York; crime, attempted burglary in the first degree ; term, ten years ; prison, Sing Sing ; transferred to Auburn. August 10, 1877. James Haley. Sentenced October 1, 1874; county. New York ; crime, burglary in the third degree ; term, five years ; prison. Sing Sing ; transferred to Clinton. August 10, 1877. Charles Schmidt. Sentenced March 15, 1877; county. Kings; crime, assault and battery; term, six months; prison. Kings County Penitentiary. August 10, 1877. Edwin S. Smith. Sentenced May 12, 1876 ; county, Jefl'erson ; crime, selling liquor to be drank on his premises without having an inn, tavern or hotel keeper's license ; sentenced to pay a fine of $150, and stand committed in the county jail till such fine be paid, not exceeding three months. August 11, 1877. Michael O'Donoghue. Sentenced June 26, 1»75 ; county, Monroe ; crime, rape ; term, fifteen years ; prison. Auburn Asylum for Insane Convicts. August 13, 1877. Pauline Kohler. Sentenced April 8, 1875 ; county. New York; crime, grand larceny; term, five years; prison. Sing Sing; pardon granted on condition that she leave the country at once, and not return. August 15, 1877. George Stanley. Sentenced January 7, 1876 ; county. New York; crime, grand larceny; terra, three years; prison, Clinton. 182 Appendix. August' 20, 1877. George Riley. Sentenced May 23, 1872; county, New York ; crime, robbery in the first degree ; term, twenty years ; prison, Sing Sing ; transferred to Auburn. August 23, 1877. Eobert Gahagen. Sentenced January 12, 1875 ; county, Rensselaer ; crime, grand larceny and attempt to escape from jail ; term, five years ; prison,' Albany County Penitentiary. August 25, 1877. Worthy Folmsby. Sentenced July 24, 1877 ; county, Rensselaer; crime, petit larceny; terta, sixty days; prison, Albany County Penitentiary. August 25, 1877. Adelaine Knapp. Sentenced March 20, 1877; county. New York ; crime, petit larceny ; term, six months ; prison. New York County Penitentiary. August 25, 1877. John Halloran. Sentenced November 16, 1875 ; count}'. Queens ; crime, burglary in the first degree ; term, three years ; prison, Sing Sing ; transferred to Auburn. September 3, 1877. Leonard E. Morse. Sentenced October 18, 1876 ; county, Madison ; crime, bigamy ; term, three years ; prison. Auburn. September 3, 1877. Frances £. McKeuzie. Sentenced April 16, 1877; county, Erie; crime, bigamy; term, one year; prison, Erie County Penitentiary. September 3, 1877. Lewis Shaw. Sentenced June 24, 1876 ; county, Albany; crime, burglary in .the third degree; term, two years; prison, Albany County Penitentiary. September 6, 1877. Martin Flynn. Sentenced December 4, 1876 ; county, New York ; crime, receiving stolen goods ; term, two years; prison, Sing Sing. September 8, 1877. Charles McGuire. Sentenced October 11, 1870 ; county. New York ; crime, rape ; term, twenty years ; prison. Sing Sing ; transferrd to Clinton. September 12, 1877. Michael Burke. Sentenced February 19, 1877 ; county. New York ; crime, burglary in the third degree ; term, two years and six months; prison. Sing Sing September 12, 1877. John 'Hummel. Sentenced March 2, 1877; county. New York ; crime, burglary in the third degree; term, one year ; prison. New York County Penitentiary. Appendix. 183 September 13, 1877. John Criramins. Sentenced July 20, 1877; county, New York ; crime, petit larceny ; term, five months ; prison, New York County Penitentiary. September 15, 1877. John A. Bemis. Sentenced March 16, 1877 ; county, Qnondaga ; crime, grand larceny ; term, two years and six months ; prison, Onondaga County Penitentiary. September 20, 1877. Michael A. Scanlon. Sentenced December 3, 1874; county, New York; crime, robbery ; term, eleven years ; prison, Sing Sing. September 21, 1877. John W. Stoops. Sentenced January 13, 1877 ; county, Monroe ; crime, petit larceny, second offense ; term, five years ; prison. Auburn. September 28, 1877. John V. N. Jeffords. Sentenced August 14, 1877 ; county, Chautauqua ; crime, intoxication ; term, sixty days ; prison, Erie County Penitentiary. October 1, 1877. Kiehard M. Truax. Sentenced December 22, 1876 ; county. Kings ; crime, embezzlement ; term, one year and three months ; pi'ison. Kings County Penitentiary. October 1, 1877. Edward Marzott. , Sentenced January 29, 1877 ; county. Kings ; crime, grand larceny ; term, one year ; prison. Kings County Penitentiary. October 1, 1877. Michael Kinney. Sentenced July 9, 1877; county, New York ; crime, grand larceny ; term, one year and six months ; prison, New York County Penitentiary. October 5; 1877. James Crawford. Sentenced December 15, 1870 ; county. New York ; crime, robbery in the firgt degree ; term, twenty years ; prison, Sing Sing. October 6, 1877. Thomas Kerrains. Sentenced May 11, 1876 ; county, Columbia ; crime, assault to kill ; term, five years ; prison, Clinton. October 6, 1877. James Traeey. Sentenced January 27, 1877; county, New York ; crime, petit larceny ; term, ten months ; prison, New York County Penitentiary. October 6, 1877. Henry Smith. Sentenced February 19, 1875 ; county, New York;- crime, perjury; term, ten years; prison. Sing Sing, 1 84 Appendix. October 9, 1877. John Connelly. Sentenced Septenaber 3, 1877 ; county, New York; crime, petit larceny; term, six months; prison. New York County Penitentiary. October 12, 1877. Joseph Smith. Sentenced April 11, 1877; county. New York ; crime, burglary in the first degree ; term, ten years; prison, Sing Smg. October 13, 1877. Bridget Tierney. Sentenced December 28, 1874 ; county. New York ; crime, arson ; term, four years ; _ prison. Sing Sing. October 18, 1877. Frank Allen. Sentenced July 30, 1877; county, Chautauqua; crime, assault and battery; term, one hundred days; prison, Erie County Penitentiary. October 22, 1877. (Issued November 1, 1877.) Frank Kowe. Sentenced July, 1877 : county, Tompkins ; crime, petit larceny ; prison. Western House of Kefuge for Juvenile Delinquents. November 9, 1877. Lucinda Bond. Sentenced November 17, 1876, county, Chautauqua ; crime, forgery in the third degree: term, two years; prison, Sing Sing. November 9, 1877. James McDermott. Sentenced September 9, 1877; county, New York; crime, assault and battery; term, six months ; prison. New York County Penitentiary. November 10, 1877. Douglas Walker. Sentenced February 12, 1877; county. Kings; crime, assault and battery; term, sixty days ; having served five days of the term he was released from prison upon a writ of certiorari, and remained at liberty up to the twentieth of October, when the county judge i-emanded him back to serve the remainder of his sentence ; prison. Kings County Penitentiary. November 12, 1877. Thomas Smith. Sentenced January 19, 1877; county, Kings; crime, attempt to commit burglary; term, one year and three months ; prison, Kings County Penitentiary. November 17, 1877. Charles Piehl. Sentenced September- 25, 1877; county, Albany; crime assault and battery; term, three mouths ; prison, Albany County Penitentiary. Appendix. 185 November 21, 1877. Marshal Hart. Sentenced Deceiiiber 22, 1869; county, Saratoga; crime, rape; term, twenty years; prison, Clinton. * November 21, 1877. • Edward W. West. Sentenced July 15, 1875 ; county. New York ; crime, grand larceny ; term, four years ; prison. Sing Sing. November 27, 1877. William 11. Grace. Sentenced September 24, 1877; county. New York; crime, assault and battery; term, four months; prison. New York County Penitentiary. November 28, 1877. Alice Pell. Sentenced October 4, 1877; county, Cayuga; crime, petit larceny; term, three months; prison, Onondaga County Penitentiary. December 14, 1877. Thomas B. Reynolds. Sentenced July 13, 1877; county. New York; crime, petit larceny; term, six mouths ; prison. New York County Penitentiary. Decetaber 14, 1877. Michael Hill. Sentenced November 1, 1877 ; county, Westchester; crime, intoxication and disorderly con- duct; term, six months; prison, Albany County Penitentiary. December 15, 1877. Timothy Nally. Sentenced June 30, 1877; county, Oneida; crime, seduction under promise of marriage; term, two years ; prison, Onondaga County Penitentiary. December 19, 1877. Charles Skinner. Sentenced October 18, 1876; county, Madison; crime, burglary in the second degree arid grand larceny ; term, six years ; prison. Auburn. December 21, 1877. James E. Middleton. Sentenced November 18, 1874; county, Erie; crime, assault with a dangerous wea- pon ; term, five years; prison. Auburn. December 22, 1877. John Wormouth. Sentenced October 18, 1875 ; county, Herkimer ; crime, petit larceny, second offense ; term, three years ; prison. Auburn. December 24, 1877. JohnEyan. Sentenced May 8, 1874 ; county, Erie; crime, burglary and larceny; term, twenty years; prison. Auburn. 13 186 Appendix. COMMUTATIONS. March 14, 1877. John Handley. Sentenced December 18, 1876 ; county, Onondaga ; crime, assault and battery ; term, four . months ; prison, Onondaga County Penitentiary. ' Sentence commuted to three months' actual service. March 21, 1877. H. H. Garrett. Sentenced September 23, 1875 ; county, Albany; crime, forgery in the third degree; term, two years and six months; prison, Clinton. Sentence commuted to one year and six months' actual service. May 5,] 877. John Neeland. Sentenced March 7, 1877; county, Gi'eene; crime, assault and battery ; term, six months ; prison, Albany County Penitentiary. Sentence commuted to two months' actual service. May 25, 1877. Kufus B. Stillman. Sentenced March, 1877; county, Monroe; crime, murder in the first degree; sentenced to be hanged on Friday, the first day of June, 1877 ; prison, county jail. Sentence commuted to imprisonment in the Auburn State Prison for the term of his natural life. August 1, 1877. Prank B. Eoss. Sentenced May 14, 1876; county. New York ; crime, forgery ; term, three years ; prison. Sing Sing. Sentence commuted to one year and six months, subject to the legal deduction for good conduct. August 1, 1877. Heinrich Whalen, a/5«as Max Hoene. Sentenced January 17, 1877; county, Kings ; crime, attempted burglary, in the third degree ; term, one year ; prison, Kings County Penitentiary. Sentence commuted to six months and sixteen days actual service. Prisoner will be taken at once to Pennsylvania upon a requisition, where he is about to be tried for murder. August 6, 1877. Jacob Stern. Sentenced January 9, 1877; county, Oneida; crime,, false pretenses; term, one year; prison, county jail. * Sentence commuted to seven months' actual service. Appendix. 187 August 10, 18T7. Ludwig Wolff. Sentenced August 11,1876; county, New York; crime, grand larceny; term, two. years; prison, Sing Sing. * Sentence commuted to one year actual service. August 27, 1877. Charles Frink. Sentenced February 25, 1875 ; county, Cortland ; oime, bigamy; term, five years; prison, Auburn. Sentence commuted to two years and six months' actual service. September 3, 1877. William Whalen. Sentenced September 7, 1874; county, Schenectady; crime, arson in the third degree; term, five years; prison, Clinton. Sentence commuted to three years' actual service. September 8, 1877. Patrick Williams. Sentenced June 11, 1877 ; county, Erie; crime, assault and battery; term, six months and fined fifty dollars ; prison, Erie County Penitentiary. Sentence commuted to three months' actual service. September 27, 1877. Le Grand Moore. Sentenced November 27, 1875; county, Oneida; crime, burglary in the third degree; term, five years; prison, Auburn. Sentence commuted to two years with deduction. October 5, 1877. Daniel Burke. Sentenced May 7, 1877; county, New. York ; crime, grand larceny ; term, one year ; prison, New York County Penitentiary. Sentence commuted to five months' actual service. November 9, 1877. Kachel Bortelle. Sentenced January 12, 1877; county, Albany; crime, abortion; term, one year and six months; prison, Albany County Penitentiary. Sentence commuted to one year, subject to the legal deduction for good conduct. November 14, 1877. Mary Tuttle. Sentenced January 16, 1857 ; county, Columbia ; crime, manslaughter in the first degree ; term, liie ; prison, Sing Sing. Sentence commuted to twenty years and ten months' actual service. 188 Appendix. November 17, 1877. William Burns. Sentenced January 17, 1877; county, Kings; crime, burglary in the third degree; term, five years; prison. Kings County Penitentiary. Sentence commuted to two years and three months, subject to the legal deduction for good conduct. November 17, 1877. Bernard Heaney. Sentenced January 17, 1877; county, Kings ; crime, burglary; term, two years and six months; prison, Kings County Penitentiary. , Sentence commuted to one year, subject to the legal deduc- tion for good conduct. December 1,1877. Henry Engleman. Sentenced June 4, 1876; county. New York ; crime, receiving stolen goods ; term, four years, prison. Sing Siflg. Sentence commuted to one year and six months' actual service. December 3,1877. Michael Kenny. Sentenced July, 18, 1865; county, Kings ; crime, murder ; sentenced to be hanged August 4, 1865 ; commuted to imprisonment for life ; prison. Sing Sing. Sentence commuted to twenty years, from August 4, 1865, subject to the legal deduction for good conduct. December 13, 1877. James Sullivan. Sentenced October 22, 1874 ; county, Albany ; crime, robbery ; term, seven years ; prison, Clinton. Sentence commuted to four years and three months' actual service. December 20, 1877. Thomas McKeon. Sentenced March 22, 1866; county, Kings; crime, murder; term, life; prison, Sing Sing. Sentence commuted to nineteen years from March 22, 1866, subject to the legal deduction for good conduct. Appendix. 189 Communication feom the Governor Transmitting Statement OF Pakdons, Etc., Granted During the Year 1878. STA.TE OF NEW" YORK: Executive Chamber, ) Albany, January 16, 1879. \ To the Legislature : As required by the Oonstihition, I transmit herewith a state- ment of the number of pardons, commutations and reprieves granted during the year. L. EOBINSON. Statement of Pardons, Commutations of Sentence and Reprieves granted hy tho Governor for the year 1878. PARDONS. January 3, 1878. August Esselmann. Sentenced September 18, 1874; county, New York; crime, burglary, third degree; term, five years ; prison, Sing Sing. January 3, 1878. Erastus Almy. Sentenced March 19, 1874; county, Seneca ; crime, rape ; term, seven years ; prison, Auburn. January 3, 1878. George Bass. Sentenced February 24, 1877 ; county, Queens ;' crime, burglary, third degree ; term, two years ; prison, Kings County Penitentiary. January 4, 1878. Michael Wolfstein. Sentenced May 2, 1875'; county, New York ; crime, grand larceny ; term, five years ; prison. Sing Sing. January 8, 1878. William Eampey. Sentenced June 23, 1871 ; county, Onondaga; crime, rape; term, twenty years; .prison. Auburn. January 8, 1878. William F. Veltraan. Sentenced June 18, 1877 ; county. New York ; crime, forgery, third degree ; term, two years — two sentences — prison, New York County Penitentiary. January 9, 1878. Isaac Watson. Sentenced January 3, 1878; county, Greene; crime, disorderly person ; term, four months; prison, Albany County Penitentiary. 190 Appendix. January 15, 1878. Edward Conway. ' Sentenced September 14, 1875 ; county. New York ; crime, robbery, first degree ; term, twenty years ; prison. Sing Sing. "January 15, 1878. William Barclay. Sentenced August 9, 1876; county, New York ; crime, felonious assault ; term, five years ; prison, Sing Sing. January 15, 1878. John Smith. Sentenced June 22, 1877; county. New York ; crime, larceny from the person ; term, two years and six montlis ; prison. Sing Sing. Januarj' 18, 1878. David Burke. Sentenced October, 1869 ; • county. Queens ; crime, murder ; sentenced to be hanged December 10, 1869; commuted to imprisoment for life; prison, Clinton ; transferred from Sing Sing. January 19, 1878. John S. Mitchell. Sentenced February 17, 1874; county, Westchester; crime, burglary, first degree and gi-and larceny ; term, thirteen years ; prison, Clinton. January 24, 1878. William Hazlett. Sentenced September 28, 1876; county, Oneida; crime, rape; term, ten years; prison, Auburn. r Jannary 28, 1878. James M. Black. Sentenced November 16, 1877; county. New York; crime, assault and battery; term, six months ; prison. New York County Penitentiary. Jannary 29, 1878. Alexander Corbitt. Sentenced December 9, 1873; county. New York; crime, burglary, first degree; term, twenty years ; prison, Sing Sing ; transferred to Auburn. Granted upon the condition that he leave this country at once and will ijot return. January 31, 1878. John Haggerty and Dennis Connors. Sen- tenced December 7, 1876; county. New York; crime, rape; term, eighteen years; prison, Sing Sing; transferred to Auburn. January 31, 1878. Nathan C. C. Miller. Sentenced September 13, 1876; county, Westchester; crime, grand larceny; term, two years; prison, Albany County Penitentiary. Appendix. 191 muarySl, 1878. Alfred C. Way. Sentenced June 19,1876; county, Kings ; crime, grand larceny ; term, two years and six months ; prison, Kings County Penitentiary. » February 4, 1878. Joseph Borst. Sentenced January 25, 1878 ; county, Erie; crime, indecent exposure of person; term, three months; prison, Erie County Penitentiary. February 9, 1878. Henry Pullen. Sentenced May 16, 1877 ; county, Otsego ; crime, grand larceny ; term, three years ; prison, Auburn. February 18, 1878. John Hughes. Sentenced January 31, 1878 ; county. New York ; crime, grand larceny ; term, one year ; prison, New York County Penitentiary. February 18, 1878. Thomas Ford. Sentenced October 26, 1877 ; county, Onondaga ; crime, riot, and assault and battery ; term, nine months ; prison, Onondaga County Penitentiary. February 23, 1878. Joseph Carr. Sentenced May 8, 1876 ; county, New York ; crime, robbery, first degree ; term, fifteen years ; prison. Sing Sing. February 25, 1878. William Sinclair. Sentenced September 22, 1876 ; county. New York ; crime, attempted rape ; term, five years ; prison. Sing Sing. February 27, 1878. Stephen Fields. Sentenced October 26, 1877 ; county'. New York ; crime, unlawfully keeping and exhibiting a gambling table and apparatus, in a certain building, with intent to use the same for gambling purposes ; term, six months and a fine of $250 ; prison. New York County Penitentiary, February 27, 1878. Joseph F. Hagemeyer. Sentenced November 16, 1877; county. New York; crime, receiving stolen goods; term, one year ; prison New York County Penitentiary. March 1, 1878. Eugene Widrick. Sentenced February 27, 1878 ; county, Herkimer ; crime, arson, first degree ; term, life ; prison, Auburn, March 1, 1878. Oscar Poyner. Sentenced December 17, 1877 ; county, Albany ; crime, assault and battery ; term, six months and fifty. dollars fine; prison, Albany County Penitentiary. 192 Appendix. March 7, 1878. Frank Betts. Sentenced October 7, 1874: ; conuty, Saratoga ; crime, assault with a deadly weapon ; term, live years ; prison Clinton ; transferred to the Auburn Asylum for Insane Convicts. March 13, 1878. James Duvaney and Thomas Culhane. Sen- tenced December 10, 1876 ; county, Yates ; crime, robbery ; term, three years ; prison, Auburn. March 20, 1878. Henry Sharkey. Sentenced March 8, 1878; county, Queens; crime, assault and battery; term, fifty-nine days; prison, county jail. March 20, 1878. Eliza Meekes. Sentenced December, 1877; county, Niagara ; crime, forgery, third degree ; term, one year ; prison, Erie County Penitentiary. March 26, 1878. Samuel Josephs. Sentenced December 11, 1877 ; county. New York ; crime, assault and battery ; term, one year ; pi'ison New York County Penitentiary. April 20, 1878. James Murray. Sentenced October 22, 1874; county, Albany ; crime, robbery, first degree ; term, seven years; prison, Clinton. ' April 22, 1878. Thomas Mnrphy. Sentenced October 10, 1877 ; county, Chautauqua; crime, riot and assault and battery; term, one year and fined $250; prison, Erie County Peniten- tiary. April 22,1878. Frank Quilter. Sentenced October 31, 1877; county, Cattaraugus; crime, seduction under promise of mar- riage ; prison, Elmira Reformatory. April 24, 1878. Charles F. Blandin. Sentenced March 8, 1878 • county. New York ; crime, selling obscene, lewd and indecent pictures ; term, three months and fined $100 ; prison, New York County Penitentiary. April 27, 1878. James Rogers. Sentenced September 18, 1877 ; county New York ; crime burglary, third degree ; term, two years ; prison, Sing Sing. May 4, 1878. William Clark. Sentenced June 16, 1874 ; county, Kings ; crime, grand larceny ; term, four years and ten months ; Appendix. 193 prison, Kings County Penitentiary. Prisoner escaped February, 187&, and was recaptured, April, 1875. Grranted on condition that lie leaves this country with his family and does not return. The superintendent is authorized to see that this is carried out in good faith. If not the Gover- nor desires that the pardon be considered revoked. May 8, 1878. Thomas Jackson. Sentenced February 26, 1878; county, New York; crime, petit larceny from the person; term, one year ; prison, New York County Penitentiary. June 5, 1878. Edward O'Neill. Sentenced September 6, 1877; county. New York ; crime, burglary, third degree ; terra, one year; prison, New. York County Penitentiary. June 7, 1878. John Green. Sentenced December 21, 1877; county, Ontario ; crime, robbery ; term, five years and six months; prison, Auburn. June 8, 1878. Sarah Foreman. Sentenced March, 1873 ; county, Monroe ; crime, arson ; term, fifteer) years ; prison. Sing Sing ; transferred to Kings County Penitentiary. June 18, 1878. Joseph W. Cotterell. Sentenced September 19, 1877; county, New York; crime, grand larceny; term, one year and six months; prison, New York County Penitentiary. June 19, 1878. Thomas Garrigan. Sentenced July 12, 1875; county, Washington ; crime, robbery ; term, ten years ; prison, Clinton. June 19, 1878. Benjamin Whittam. Sentenced June 16, 1877 ; county, "Wyoming; crime, perjury; term, two years; prison, Auburn. • June 19, 1878. Thomas Deglan. Sentenced February 12, 1875; county. New York; crime, attempt at burglary; term, ten years; prison, New York County Penitentiary. June 19, 1878. R. Baxter. Sentenced February 28, 1878 ; county, Broome; crime, petit larceny; term, six months; prison, county jail. 194 Appendix. June 27, 1878. Nathan Engel. Sentenced January 30, 1878; county, New York ; crime, felonious assault ; term, two years and six months ; prison, Sing Sing. June 28, 1878. John McOuUough. Sentenced April 23, 1878 ; county, Albany; crime, burglary, third degree; term, one year ; prison, Albany County Penitentiary. June 28, 1878. Anton Dennar. Sentenced April 8, 1»78; county, New York ; crime, assault and battery ; term, one year ; prison. New York County Penitentiary. • June 29, 1878. William A. Coleman. Sentenced September 26, 1877; county, New York; crime, forgery, third degree ; term, two years ; prison, Sing Sing ; transferred to Clinton. July 3, 1878. David Montgomery. Sentenced May — , 1871 ; county, Monroe ; crime, murder in the first degree; prison, Auburn Asylum for Insane Convicts. This pardon is gi-anted upon the express condition that a justice of the Supreme Court of the seventh judicial dis- trict shall examine into the condition of the said David Montgomery, and the circumstances attending his commit- ment, and the crime of which he was accused, and shall cer- tify that it is safe and right for him to be released. July 3, 1878. Ferdinand Heun. Sentenced March 21, 1878 ; county. New York ; crime, assault to harm ; term, one year and four months ; prison, New York County Penitentiary. July 5, 1878. Timothy Slattery. Sentenced October 10,1877; county, Chautauqua ; crime, riot ; term, one year ; prison, Erie County Penitentiary. August 3, 1878. Frederick A. Conklin. Sentenced March 26, 1877; county, Kings; crime, forgery, third degree: term, two years ; prison. Kings County Penitentiary. August 3, 1878. Carl MacCarthy. Sentenced September 14, 1876 ; county, Westchester ; crime, assault with a dangerous weapon ; term, three years ; prison, Albany County Penitentiary. August 3, 1878. William C. Meyer. Sentenced September 29, 1876; county, New York; crime, burglary and larceny; term, Appendix. 196 four years and six months ; prison, ^ng Sing ; transferred to Auburn. August 5, 187S. Charles H. Miller. Sentenced Oetobe» 20, 1875 ; county, Oswego ; crime, burglai-y, third degree ; term, four years; prison, Auburn. August 5, 1878. Fi-ank "Williams. Sentenced June 24, 1875; county, New York ; orimo, robbery ; term fifteen years ; prison, Sing Sing. August 6, 1878. William Eead. Sentenced May 29, 1878 ; county. New York ; crime, forgery, third degree ; term, one year : prison, New York County Penitentiary. August 6, 1878. Yoclar Sockel. Sentenced April 8, 1878 ; county. New .York; crime, assault and battery; term, one year. prison, New York County Penitentiary. August 7, 1878. Robert Miller. Sentenced April 26, 1877; county, Columbia; crime, arson, fourth degree; term, two yeai's; prison, Clinton. August 7, 1878. William Taylor.' Sentenced September 27, 1876 ; county, Erie; crime, assault to harm ; ferm, three years ; prison, Erie County Penitentiary. August 7, 1878. Charles W. Granger. Sentenced October 11, 1875; county, Ulster ; crime, robbery, second degree; term, five years ; prison, Sing Sing. August 7, 1878. Seligman Hirsch. Sentenced November 22, 1877; county, New York; crime, receiving stolen goods; term, five years ; prison. Sing Sing. August 15, 1878. Margaret Coughlin. Sentenced July 20, 1878 ; county, Westchester; crime, assault and battery; term, six months ; prison, Albany County Penitentiary. August 19, 1878. Alfred H. Hall. Sentenced December 18, 1877 ; county, Oneida; crime, larceny; prison, Western House of Eefuge for Juvenile Delinquents. September 9, 1878. William Finger. Sentenced February 20, 1878 ; county, Westchester ; crime, grand larceny ; term, two years and six months ; prison, Albany County Penitentiary. 196 Appendix. September 12, 1878. "William Worden, Jr., and Freeman D. Hill. Sentenced December, 1877; county, Chemung; crime, rob- bery; term, five years; prison. Auburn. "September 12, 1878. Augustus Noyes. Sentenced February 11, 1874 ; county, Clinton ; crime, burglary, third degree, and assault to kill ; term, ten years ; prison, Clinton ; transferred to Sing Sing. . September 16, 1878. Dennis Collins and John Devine. Sen- tenced April 13, 1877 ; county, Tioga ; crime; robbery, first degree, and larceny ; term, five years ; prison, Elmira Reforma- tory. September 23, 1878. William O. Osgood. Sentenced June 8, 1874 ; county, St. Lawrence ; crime, rape ; term, ten years ; prison, Clinton. September 25, 1878. J. C. Thomas. Sentenced January 15, 1878 ; county, New York ; crime, forgery ; term, oue year ; prison. New York County Penitentiary. Died before the pardon reached the prison. , September 25, 1878. James Steenburgh. Sentenced August 24, 1878 ; county, Albany ; crime, assault and battery ; term, three months ; prison, Albany County Penitentiary. October 1, 1878. Matthew G. Hastings. Sentenced January 24, 1878 ; county. Orange ; crime, burglary and grand larceny ; term, one year ; prison, Albany County Penitentiary. October 5, 1878. Jacob Gntstadt. Sentenced November, 1877; county, Onondaga; crime, receiving stolen goods and bur- glary; term, one year and six months; prison, Onondaga County Penitentiary. October 11, 1878. Thomas P. Doyle. Sentenced October 4, 1878 ; county. New York : crime, confession of selling strong and spirituous liquors in quantities less than five gallons at one , time to Moses S. Meeker, in the city and county of New York, without having a license therefor as required bylaw; term, thirty days; prison. New York County Penitentiary. Appendix. 197 October 14, 1878. , James Cowieson. Sentenced May" 19, 1875; county, Albany; crime, burglary, third degree; term, five years ; prison, Albany County Penitentiary. , October 14, 1878. Patrick Flanagin. Sentenced April 8, 1878 ; county, Ohemnng ; crime, assault to kill ; term, one year and six months; prison, Auburn. October 17, 1878. Delos M. Powers. Sentenced December 1, 1877; county, Chenango; crime, forgery, third degree; term, two years; prison, Auburn. October 21, 1878. Alfred A. Parsons. Sentenced October 3, 1877 ; county, Oneida ; crime, burglary, third degree ; term, two years ; prison, .Auburn. October 21, 1878. John Eoberta. Sentenced January 24, 1877; county, Queens ; crime, burglary, first degree ; term, twenty years ; prison, Sing Sing ; transferred to Auburn. October 26, 1878. Terrence O'Neil Donnelly. Sentenced July 11, 1878 ; county, New York; .crime; forgery, third degree; term, two years and six months ; prison. Sing Sing. November 4, 1878. William J. Vanderpoel. Sentenced Decem- ber 18, 1877 ; county, Oneida ; ci'ime, larceny ; prison, Western House of Eefuge. , November 4, 1878. Charles N. Bemis. Sentenced May, 1878 ; county, Otsego ; crime, larceny ; prison, Western House of Refuge. November 6, 1878. James Tighe. Sentenced June 1878 ; county, Westchester ; crime, assault and battery ; term, six months ; prison, Albany County Penitentiary. November • 6, 1878. Thomas Allen. Sentenced May 8, 1876 ; county. New York; crime, robbery; term, fifteen years; prison. Sing Sing; transferred to Clinton. November 7, 1878. . Charles Eobinson. Sentenced March 22, 1877 ; county, Saratoga ; crime, burglary, term, ten years ; prison, Clinton. 198 Appendix. November 14, 1878. Florence Martin. Sentenced July 23, 1878; county, Onondaga; crime, petit larceny; term, six months; prison, Onondaga County Penitentiary. November 18, 1878. Henry Werner. Sentenced February 9, 1877; county, Dutchess; crime, keeping a disorderly house; term, one year and fined $250 (to stand committed until paid) ; prison, Albany County Penitentiary. November 21, 1878. Michael Murphy. Sentenced October, 1874 ; county, Rockland ; crime, murder ; sentenced to be hanged December 14, 1874; stay of proceedings granted, and resen- tenced to be hanged April 7, 1876 ; sentence commuted to imprisonment for life Marcli 21, 1876; prison. Sing Sing. November 27, 1878. Thomas Burney. Sentenced May 10, 1878 ; county. New York ; crime, assault and battery ; term,, ojie year ; prison, New York County Penitentiary. November 27, 1878. John H. McKay. Sentenced December 22, 1876; county. Kings; crime, bigamy; term, three ^ years; prison, Kings County Penitentiary. November 29, 1878. James Havey. Sentenced November 5, 1878; county, Ulster; crime, offering to vote under a fictitious name; term, two months; prison, Albany County Peniten- tiary. December 9, 1878. Michael A. O'Sullivan. Sentenced February 7, 1877 ; county, Albany ; crime, burglary, third degree ; term, three years; prison, Albany County Penitentiary. December 9, 1878. Isaac Franklin. Sentenced May 10, 1876 ; county, New York ; crime, receiving stolen goods ; terra, five years; prison, Sing Sing; transferred to Clinton. December 11, 1878. William Stevens. Sentenced June 15, 1877; county. New York; crime, petit larceny from the person; term, two years ; prison, New York County Penitentiary. December 13, 1878. Jeremiah Cavanagh. Sentenced September 15, 1878 ; coiui.ty. Kings ; crime, felonious assault ; term, six months ; prison, Kings County Penitentiary. Appendix. 199 December 16, 1878. Joseph Dollard, alias John Smith.' Sentenced June 7, 1872; county, New York; crime, grand larceny; term, two years; prison, New York County Penitentiary. This prisoner escaped and is now serving eighteen months and ten days from December 10, 1874. December 23, 1878. Michael O'Eourke. Sentenced July 23, 1878 ; county, Albany ; crime, petit larceny and breach of the peace ; term, one year ; prison, Albany County Penitentiary. December 28, 1878. Terence Connolly. Sentenced December 11, 1878; county, New York; crime, cruelty to. a horse; term, tiiirty dnjs ; prison. New York County Penitentiary. December 31, 1878. John Meehan. Sentenced May 25, 1S77; county, Rensselaer ; crime, assault to kill ; term, ten years ; prison, Clinton. COMMUTATIONS. January 4, 1878. Daniel F. Bean and Ellison C. Willis. Sentenced March 6, 1877 ; county. New York ; crime, grand larceny ; term, two years each ; prison Sing Sing. Sentence commuted to one year, subject to the legal deduc- tion for good conduct. January 8, 1878. Henry Gross. Sentenced January 8, 1877; county, New York; crime,, grand larceny; term, two years; prison, Sing Sing. Sentence commuted to one year actual service. January 12, 1878. Eichard Eustace and John Cosgrove. Sen- tenced December 28, 1877 ; county. New York ; crime, selling spirituous liquors in quantities less than five gallons at one time, without having a license therefor ; term, Eustace, sixty days and $250 fine ; Cosgrove, thirty days and ,|125 fine ; both to stand committed until the same be paid, not exceeding one day for each dollar of the fine imposed, from and after the termination of the imprisonment; prison, New York County Penitentiary. Sentence of Eustace commuted to pay a fine of $250, or stand committed in the New York County Penitentiai-y until 200 Appendix. same be paid, not exceeding one day for-eacli dollar of the fine imposed. Sentence of Cosgrove commuted to pay a fine of $125, or stand committed until the same be paid, not exceeding one day for each dollar of the tine imposed. January 18, 1878. Alvin 0. Danks. Sentenced June 29, 1875 ; county, Lewis; crime, perjury; term, five years; prison, Auburn. Sentence commuted to tliree years and fonr months, subject to the legal deduction for good conduct. February 4, 1878. Peter Bartholomy. Sentenced February 5, 1877; county, Erie; crime, forgery; term, two year* and six months ; prison, Erie County Penitentiary. Sentence commuted to one year actual service. February 4, 1878. James J. Smith. Sentenced Mfir«h 29, 1877 : county, New York ; crime, grand larceny ; term, two years ; prison,. New York County Penitentiary. Sentence commuted to one year, subject to the legal deduc- tion for good conduct. February 9, 1878. Edward Langen. Sentenced August 12, 1875 ; county. New York; crime, forgery, third degree; term, five years; prison. Sing Sing; transferred to Auburn. Sentence commuted to one year and six months' actual ser- vice. February 9, 1878. Henry J. Zimmer. Sentenced September 12, 1876; county. New York; crime, grand larceny; term, two years and six months ; prison. Sing Sing. Sentence commuted to one year and &ve, months' actual service. February 9, 1878. Jacob G. Conrad. Sentenced November 14, 1876; countj', New York; crime, grand larceny; term, four years ; prison, Sing Sing ; transferred to Auburn. Sentence commuted to one year and six months, subject to the legal deduction. Appendixi 201 February 9, 1878. Julius Whittater or Woedecke. Sentenced October 12, 1875 ; county, New York ; . crime, assault to harm ; term, seven years ; prison, Sing Sing ; transferred to Auburn. Sentence commuted to three years, with deduction. March 7, 1878. John C. Baldwin. Sentenced January 26, 1878 ; county. Orange ; crime, murder ; sentenced to be hanged on the 15th day of March, 1878; prison, county jail. Sentence commuted to imprisonment for life in the State prison at Sing Sing. March 15, 1878. Michael Downey. Sentenced July 1, 1875 ; county, Albany ;' crime larceny from the person ; term, four years ; prison, Albany County Penitentiary. Sentence commuted to two years, eight months and fourteen days' actual service. March 20, 1878. Andrew McAlear. Sentenced December 22, 1869 ; county. New York ; crime, robbery, first degree ; term, twenty years ; prison. Auburn ; transferred from Sing Sing. Sentence commuted to thirteen years, subject to the legal deduction for good conduct. April 13, 1878. Timothy Casey. Sentenced June 15, 1877; county, Rensselaer ; crime, assault to harm ; term, five years ; prison, Clinton. Sentence commuted to one year, subject to the legal deduc- tion for good conduct. April 13, 1878. Stephen T. Benedict. Sentenced February 15, 1877; county, Chautauqua ; crime forgery ; term, five years; prison. Auburn. Sentence commuted to one year and two months' actual service. April 15, 1878. Thomas Craig. Sentenced December 16, 1875 ; county, St. Lawrence ; crime, burglary and larceny ; term, five years and four months ; prison, Clinton. " Sentence commuted to three years, subject to the legal deduction for good conduct. May 8, 1878. Isaac Barrett. Sentenced December, 1876 ; county, Washington, crime, assault to rape ; term, three years and four months ; prison, Clinton. 14 202 Appekdix. Sentence commuted to one year and eight months, subject to the legal deduction for good conduct. May 10, 1878. John Grogan and William Grogan. Sentenced Marcli 12. 1878; county, Westchester; crime, petit larceny; term, six months ; prison, Albany County Penitentiary. Sentence commuted to two months' actual service. May 15, 1878. Willian: Francis. Sentenced September 16, 1870; county, New Fork; crime, burglary, first degree ; term, twenty years ; prison. Auburn ; transferred fi-om Sing Sing. Sentence commuted to twelve years, subject to the legal deduction for good conduct. May 22, 1878. Matthew Larkin. Sentenced March 1, 1876; county. New York ; crime, assault to harm ; term, five years ; prison, Sing Sing ; transferred to Auburn. Sentence commuted to two years and ten months, subject to the legal deduction for good conduct. May 22, 1878. George Schuster. Sentenced May 21, 1877; county. New York ; crime, assault to harm ; term five years ; prison. Sing Sing. Sentence commuted to one year actual service. June 8, 1878. Mary Bennett. Sentenced December 8, 1877 ; county, Erie ; crime, grand larceny ; term, one ye&v ; prison, I Erie County Penitentiary. Sentence commuted to six months' actual service. June 11, 1878. Hiram Craft. Sentenced May 25, 1875 ; county. New York ; crime, grand larceny ; term, five years ; prison, Sing Sing. Sentence commuted to four years and one month, subject to the legal deduction for good conduct. July 3, 1878. Charles House. Sentenced January' 4, 1877; county, Orleans ; crime, arson, third degred ; term, four years ; prison. Auburn. , Sentence commuted to one year and six months' actual service. July 16,- 1878. Edward Eomberg. Sentenced September 19, 1877 ; ■ county, Kings ; crime burglary, third degree, and grand lar- ceny ; term, two years ; prison. Kings County Penitentiary. Appendix. 203 Sentence commuted to one year, subject to. legal deduction for good conduct. July 20, 1878. Ferdinand Verst. Sentenced May 2^ 1876; county, Erie; crime, perjury: term, five years; prison, Auburn. Sentence commuted to two years and two months' actual service. August 3, 1878. Frank L. Jones. Sentenced July 8, 1875 ; county, Erie; crime, robbery; term, seven years; prison. Auburn. Sentence commuted to three years and one month actual service. August 3, 1878. Richard June. Sentenced February 19, 1877 ; county, Greene ; crime, arson, third degree ; term four years ; prison, Clinton. Sentence commuted to one year and six months' actual service. Augusts, 1878. Hiram Eeeves. Sentenced February 18, 1876; county, Jefferson ; crime, iovgevy, third . degree ; term, five years; prison. Auburn. Sentence commuted to two years and six months' actual service. August 3, 1878. Conrad Froude. Sentenced December 6, 1876 ; county. New York ; crime, burglary, third degree ; term, three years and six months ; prison. Sing Sing. Sentence commuted to two years, subject to the legal deduc- tion for good conduct. August 3, 1878. Joseph F. Mclntyre. Sentenced August 17, 1877 ; county, New York ; crime, grand larceny ; term, two years and six months ; prison. Sing Sing. Sentence commnted to one year actual service. August 3, 1878. Dirk Devine. Sentenced December 8, 1876 ; county, New York ; crime, assault to harm ; term, three years ; prison. Sing Sing. Sentence commuted to two years, subject to the legal deduc- tion for good conduct. 204 Appendix. August 5, 1878, William A. Hay. Sentenced* June 12, 1875 ; county, Livingston ; crime subornation of perjury ; term, six years ; prison, Auburn. Sentence commuted to three years and two months' actual service. August 8, 1878. Frederick Buckingham. Sentenced February 15, 1878; county, Nev7 York; crime, forgery; term, one year; prison, 'Hevf York County Penitentiary. Sentence commuted to six months' actual service. August 8, 1878. Leo Honnef. Sentenced October 15, 1877; county, New York ; crime, forgery, third degree; term, three years ; prison. Sing Sing. Sentence commuted to one year, subject to the legal deduc- tion for good conduct. September 5, 1878. Maurice Vaughn. Sentenced January 8, 1877; county, Erie; crime, robbery ; term, five years ; prison, Auburn. Sentence commuted to two years, subject to the legal deduc- tion for good conduct. September 5, 1878. Jules Freeh et. Sentenced September 6, 1876 ; county. New York ; crime, selling obscene literature ; term, two years and fined $100 ; prison, Sing Sing. Sentence commuted to two years' actual service. " September 12, 1878. James Simonds. Sentenced -September l4, 1876 ; county, New York ; crime, grand larceny ; term, five years; prison. Sing Sing; transferred to Auburn. Sentence commuted to two years and six months, subject to the legal deduction for good conduct. September 12, 1878. Erastus Bargy. Sentenced March 15, 1878; county, Herkimer ; crime, arson, fourth degree ; term, one year and one month; prison, Onondaga County Penitentiary. Sentence commuted to six months' actual service. . September 12, 1878. Charles F. Stearns. Sentenced February 15, 1875 ; county. New York ; crime, forgery, third degree (two indictments) ; term, eight years ; prison, Sing Sing. Appendix. 205 Sentence commuted to five years, subject.to the legal deduc- tion for good conduct. ■ • September 13, 1878. Moritz Weis. Sentenced February 15, 1878 ; county, New York ; crime, grand larceny ; term, three year's ; prison. Sing Sing. Sentence commuted to seven months' actual service. September 19, 1878. John Britt. Sentenced November 6, 1874; county, New York; crime, rape; term fifteen years; prison, Sing Sing. Sentence commuted to five years and six months, subject to the legal deduction for good conduct. » September 19, 18 1 8. Decker Eush (colored). Sentenced Septem- ber 22, 1876; county. New York; ,crime, assault to rape; term, five years ; prison, Sing Sing. Sentence commuted to two years' actual service. September 23, 1878. Allen Smith alias Jolm Phillips. Sentenced September 26, 1876 ; county, Kings ; crime, grand larceny ; term, five years; prison, Kings County Penitentiary. Sentence commuted to two years and six month^, with legal dednction. October 4, 1878. Michael O'Neil. Sentenced January 19, 1875 ; county, Essex ; crime, robbery ; term, teui years : prison, Clinton. Sentence commuted to five years and six months, subject to the legal deduction for good conduct. October 4, 1878. Patrick McLaughlin. Sentenced June 6, 1873 ; county. New York ; crime, robbery, first degree ; term, twenty years ; prison. Sing Sing. Sentence commuted to eight years, subject to the legal deduction for good conduct. October 4, 1878. George Douglas. Sentenced June 6, 1878; county. New York ; crime, petit larceny from the person; term, fifteen months; prison. New York County Penitentiary. Sentence commuted, to four months' actual service. 206 Appendix. October 7, 187S. Clarence M. Rice. Sentenced October 12, 1876 ; county, Gliautauqiia; crime, forgery ; term, fonr years ; prison, Auburn. Sentence commuted to two years' actual service. October 23, I87S. La Fayette Ingersoll. Sentenced October 33, 1877; county, Oswego; crime, burglary and larceny; term, two years ; prison. Auburn. Sentence commuted to one year actual service. October 2i, 1878. Thomas J. Logan. Sentenced September 28, 1876; county, Oneida; crime, rape ; term, ten years; prison, Auburn. Sentence commuted to two years and one mopth actual service. October 24, 1878. Thoirtas McDonongh. Sentenced December 28, 1877; county, Chemung; crime, robbery; term, seven years; prison. Auburn. Sentence commuted to one year, subject to the legal deduc- tion for good conduct. October 30, 1S7S. George Livingston alias Lawrence Anderson. Sentenced September 21, 1876; county. Kings; crime, bur- glary, third degree and grand larceny ; term, live years ; prison, Kings County Penitentiary. Sentence commuted to two years and eight months, subject to the legal deduction for good conduct. November 11, 1878. Samuel Clark. Sentenced May 11,1878; county. New York ; crime assault and battery ; term, one year ; prison, New York County Penitentiary. Sentence commuted to six months' actual service. November 21, 1878. Theophilus Krzysky. Sentenced May 23, 1876; county, Kings; crime, assault and battery with intent to kill ; term, five years ; prison. Kings County Penitentiary. Sentence commuted to two years and six months' actual service. • November 26, 1878. Warren Fellows. Sentenced January 20, 1870; county. Orange; crime, miirder, second degree; term, twenty years; prison. Sing Sing. Appendix. 207 Sentence commuted to eight years, ten months and seven days' actnal service. November 27, 1878. Joshua Covey. Sentenced May 29, 1858 ; ^ county, Washington ; crime, rape ; term, life ; prison, Clinton. Sentence commuted to twenty years and six months' actual service. Decembfir 2, 1878. Gebrge W. Sherman. Sentenced September 2, 1878 ; county, Wayne ; crime, assault and battery ; term, six months and fined fifty dollars; prison, Monroe County Penitentiary. Sentence commuted to three months' actual service. December 5, 1878. Michael Eogers. Sentenced June 6, 1872; county, New York ; crime, robbery ; term, twenty years ; prison, Sing Sing. Sentence commuted to ten years, subject to the legal deduc- tion for good conduct. December 5, 1878. William Conldin. Sentenced August 8, 1876; county, New York; crime, petit larceny from the person; term, five years ; prison, Clinton. Sentence commuted to three years, subject to the legal deduction for good conduct. December 12, 1878. Samuel C. Salmons. Sentenced December 14, 1876; county, New York; crime, bigamy; term, five years ; prison, Sing Sing. Sentence commuted to two years and six months, subject to the legal deduction for good conduct. December 16, 1878. Michael Cahill. Sentenced December 27, 1877; county, Chemung; crime, seduction; terra, two years and six months ; prison. Auburn. Sentence commuted to one year and two months, subject to the legal deduction for good conduct. December 23, 1878. Daniel Sullivan. Sentenced September 27, 1878 ; county. New York ; crime, assault and battery ; term, one year ; prison New York County Penitentiary. Sentence commuted to three months' actual service. 208 Appendix. December 23, 1878. Robert L. Eead. Sentenced September 1, 1873 ; county, Queens ; crime, robbery ; term, twenty years ; prison, Clinton. Sentence commuted to eight years, subject to the legal deduction for good conduct. REPRIEVE. January 15, 1878. Lester Brotherton. Sentenced November, 1877; county, Cayuga; crime, murder, first degree ; sentenced to be hanged January 17, 1878 ; prison, county jail. Respite granted until January 24, 1878. Statement op Pardons, Commutations of Sentence and Eepeieves granted by the Governor, for the tear 1879. PARDONS. January 3, 1879. George Hopkins. Sentenced March 4, 1878 ; county, Oswego ; crime, burglary and larceny ; term, three . years; prison. Auburn. January 7, 1879. Ernest Manvel. Sentenced June, 1878 ; county, Kings ; crime, grand larceny ; term, one year and six months ; prison. Kings County Penitentiary. January 17, 1879. Josiali W. Brandon. Sentenced November 28, 1878 ; county, Columbia; crime, assault and battery ; term, six months ; prison, Albany County Penitentiary. January 18, 1879. Joshua McFadden and Arthur Mallon. Sentenced August 7, 1876; county. Queens ; crime, robbery ; term, ten years ; prison. Sing Sing. January 18, 1879. Lemuel Wilson and Charles Johnson, alias Alexander Crawford. Sentejuced September 10, 1878 ; county, Queens; crime, grand larceny.; term, one year ; prison, Kings County Penitentiary. January 27, 1879. Thomas Ward. Sentenced October 5, 1877 ; county, New York; crime, rape ; term, ten years ; prison, New York County Penitentiary. Appendix. 209 February 3, 1879. Edward Flannigan. Sentenced October 8, 1878 ; county, Westchester ; crime, petit larceny ; term, four months; prison, Albany County Penitentiary. » February 3, 1879. James Kearney. Sentenced December 23, 1876 ; county, New York ; crime, assault and battery ; term, three months ; prison, New York County Penitentiary. February 6, 1879. John W. Eighmy. Sentenced July, 1878 ; county, Saratoga; crime, perjury; term, six years; prison, Clinton. February 7, 1879. Andrew Gavigan. Sentenced October 8, 1877; county, New York ; crime, assault to harm ; term, three years ; prison. Sing Sing. February 7, 1879. David Malone. Sentenced November 16, 1878 ; county, Greene ; crime, assault and disorderly conduct ; , term, six months ; prison, Albany County Penitentiary. February 8, 1879. John Donnelly. Sentenced May 26, 1874; county, New York ; crime, burglary ; term, seven years ; prison Sing Sing ; transferred to Clinton. March 12, 1879. Patrick Sheehy. Sentenced December 7, 1877 ; county, New York ; crime, receiving stolen goods ; term, four years and six months ; prison, Sing Sing. March 12, 1879. John Clarke, Jr. Sentenced December 10, 1878 ; county, Greene ; crime, assault and battery ; term, six months ; prison, Albany County Penitentiary. March 13, 1879. Schuyler Town. Sentenced December '7, 1877; county, St. Lawrence ; crime, arson, third degree ; term, four years and three months ; prison, Clinton. March 14, 1879. Michael Le Barron. Sentenced September 26, 1877; county, Washington ; crime, grand larceny ; terra, two years and six months ; prison, Clinton. March 24, 1879. A. S. Workman Sentenced March 1, 1877 ; ■ county, Oneida; crime, receiving stolen goods; term, three years ; prison, Auburn. 210 Appendix. March 26, 1879. Jason Sackett. Sentenced December 16, 1878 ; county, Dutchess ; crime, petit larceny ; term, four months ; prison, Albany County Penitentiary. April 5, 1879. Edward McMeneman. Sentenced December 5, 1878; county, Rensselaer; crime, petit larceny ; .term, six months; prison, Albany County Penitentiary. April 7, 1879. Joseph H. Downs. Sentenced February 20, 1879 ; county, Suffolk ; crime, arson ; term, four years; prison, Sing Sing. April 12, 1879. George H. Nolte. Sentenced March 20, 1876 ; county, New York ; crime, embezzlement ; terra, five years ; prison, Sing Sing; transferred to Auburn. April 12, 1879. Homer H. Fields. Sentenced December 27, 1878; county, Niagara; crime, assault and battery; term, four months; prison, Erie County Penitentiary. April 16, 1879. Philip Williams. Sentenced March 13, 1879 ; county, Montgomery ; crime, malicious trespass ; term, ninety days; prison, Albany County Penitentiary. April 19, 1879. Thomas Goodman. Sentenced- June 20, 1878 ; county, New York; crime, receiv'ing stolen goods; term, one year and six months; prison. New York County Penitentiary. April 19, 1879. Maurice Hennessey. Sentenced January 19, 1877; county. Kings; crime, burglary; term, five years and six months ; prison. Kings County Penitentiary. May 6, 1879. Eugene Bridenbecker. Sentenced May 3, 1879 ; county, Herkimer; crime, arson, second degree; term, seven years; prison, Auburn'. May 7, 1879. Edward Burt. Sentenced April 5, 1879; county, New York ; crime, being the instigator of a premeditated "rat bait"; term, three months; prison. New York County Penitentiary. June 12, 1879. George A. Charter. Sentenced May 15, 1879; county, Oneida ; crime, assault and battery ; term, six months ; prison, Onondaga County Penitentiary. Appendix. 211 Fune 25, 1879. Frederick Levy. Sentenced June 11, 187Y; connly, New York; crime, grand larceny; term, five years; prison, Sing Sing ; transferred to Clinton. , Tune 25, 1879. Charles Sickler. Sentenced July — , 1877; county, Oswego; crime, grand larceny; term, tliree years: prison, Onondaga County Penitentiary. [Died before the pardon reached him.] Tune 27, 1879. Henry Baer. Sentenced December 26, 1878; county. New York ; crime, obtaining goods by false pretences ; term, six months, and fined $4,000 ; prison, New Yoi-k County Penitentiary. The prisoner has served his term, and is now held for non-payment of the fine. July 1, 1879. Attila Beyer. Sentenced September 6, 1876; county. New York; crime, assault to kill ; term, ten years; prison, Sing Sing; transferred to Auburn. Upon the condition that he will leave this country. July 3, 1879. William Smith. Sentenced March 11, 1878; county, NeviT York ; crime, receiving stolen goods; term, five years ; prison, Sing Sing. July 3,1878. Thomas Dusenbury. Sentenced June 29, 187» ; county, Albany ; crime, grand larceny ; term, two years ; prison, Albany County Penitentiary. July 3, 1879. John W. Munger. Sentenced April 25, 1879; county, Albany ; crime, bigamy ; term, two years ; prison, Clinton. July 15, 1879. . Armand Baux. Sentenced November 16, 1876 ; county, New York; crime, manslaughter, second degree; term, four years ; prison, Sing Sing. Upon condition that he will leave this country by July 30, 1879. July 18, 1879. Johanna Rooney. Sentenced April 19, 1879; county, Montgomery ; crime, petit larceny ; term, four months ; prison, Albany County Penitentiary. July 26, 1879. Daniel S.Thornton. Sentenced May 31, 1878; county, Onondaga; crime, burglary, third degree; term, three years ; prison, Onondaga County Penitentiary. 212 Appendix. August 4, 1 879. Jndson Groom. Sentenced Oetober 26, 1877; county, Onondaga ; crime, burglary, third degree ; term, five years ; prison,' Onondaga County Penitentiary. Upon condition that he leave this State at once, and will not return. August i, 1879. John Schuster. Sentenced September 11, 1877; county. New York ; crime, burglary, third degree ; term, five years; prison. Sing Sing ;. transferred to Asylum for Insane Convicts at Auburn. August 12, 1879. James Lancton. Sentenced June 13,- 1878 ; county, Rensselaer ; crime, grand larceny ; term, two years ; prison, Albany County Penitentiary. August 12, 1879. James McCabe. Sentenced July 19, 1879; county, ' Cayuga ; crime, petit larceny; term, sixty days; prison, county jail. August 21, 1879. Prank Higgins. Sentenced August 4, 1879 ; county Warren ; crime, assault and battery ; term, six months ; prison, Albany County Penitentiary. August 23, 1879. Michael Conway. Sentenced December 18, 1875 ; county, Oswego ; crime, rape ; term, six years ; prison. Auburn. August 23, 1879. Micliael Collins. Sentenced June 28, 1879 ; county, Oswego ; crime, assault and battery ; term, four months; prison, Onondaga County Penitentiary. August 25, 1879. Robert Sharp. Sentenced May 16, 1878; county, Jefferson ; crime, bigamy ; term, five years ; prison, Auburn. August 25, 1879. Timothy McCarthy. Sentenced December 19, 1878 ; county, Onondaga ; crime, seduction ; term, three years ; prison, Onondaga County Penitentiary. August 25, 1879. Ernst Neithardt! Sentenced March 21, 1878; county, New York ; crime, receiving stolen goods ; term, four years ;: prison, Sing Sing. Appkndix. ' 213 Liigust 27, 1879. James Maher. Sentenced March 5, 1879 ; eckUHty, New York ; crime, assault to harm ; term, two years and six months ; prison, Sing Sing. , epteraber 5, 1879. Ishmael E. Clare. Sentenced June 11, 1878 ; county. New York ; crime, burglary iirst degree ; term, ten years ; prison, Sing Sing. eptember 9, 1879. George Martin, alias Henry Cleary, alias Greoi'ge Allen. Sentenced August 14, 1878; county, New York ; crime, burglary thii-d degree ; term, three years ; prison, New York County Penitentiary. Upon the condition that he will leave thi§ State and not return. leptember 12, 1879. James Hayes and James Kelly. Sen- tenced March 21, 1879; county. Kings; crime, assault and battery; term, one year; prison. Kings County Penitentiary. leptember 18, 1879. Otto Oswald. Sentenced April 4, 1878; county. New, York ; crime, grand larceny ; term, two years and six months; prison. Sing Sing; transferred to Atlburn. Upon condition that he will leave this country on the 1st day of October, 1879. • September 19, 1879. Edward Keating. Sentenced April 12, 1878; county, Eensselaer ; crime, assault with a deadly weapon ; term, two years ; prison, Albany County Peni- tentiary. September 22, 1879. John Dunn. Sentenced June 9, 1879; county, Broome ; crime, assault and battery ; term, six months; prison, Albany County Penitentiary. September 25, 1879. Byron Yanderwerker and Wellington Van- derwerker. Sentenced May 16,1877; county, Otsego; crime, burglary, third degree; term, five years; prison, Auburn. )ctober 1, 1879. Joseph O'Flanigan. Sentenced December — , 1878; county, Erie; crime, burglary third degree; term, ; prison, Elmira Reformatory. )ctober 2. 1879. : George Smith. Sentenced July 15, 1879 ; county, Saratoga ; crime, indecent assault and battery ; term, six months; pnson, Albany County Penitentiary. 214 Appendix. Outober 4, 1879. Patrick Donavan. Sentenced August 13, 1879; county, Dutchess; crime, assault and battery; term, four months ; prison, Albany County Penitentiary. October 4, 1879. Gordon M. Grouse. Sentenced September 26, ' 1879; county, Fulton ; crime, arson, third degree; term, ; prison, Elmira Reformatory. October 6, 1879. John Stetzler. Sentenced February 21, 1878 ; county. Kings ; crime, burglary and grand larceny ; term, six years and six months; prison. Kings Gounty Penitentiary. October 6, 1879. Henry Morgan. Sentenced February 23, 1878 ; county. Kings; crime, burglary third degree; term, tliree years and six months; prison. Kings Gounty Penitentiary. October 6, 1879. John Richmond. Sentenced September 13, 1879 ; county, I>utchess; crime, petit larceny; term, three months; prison, Albany County Penitentiary. October 9, 1879. James Wilson. Sentenced July 31, 1879; county, Albany ; crime, assault and battery ; term, six months ; prison, Albany Gounty Penitentiary. ' October 11, 1879. August Engel. Sentenced September 24, 1878 ; county, New York; crime, indecent assault and battery, term, two years and $500 fine; prison. New York Conuty Penitentiary. Upon the condition that he pay a fine of $250. October 13, 1879. Patrick Russell. Sentenced August—, 1879; county, Columbia; crime, assault and battery; terip. six months; prison, Albany County Penitentiary. October 20, 1879. Charles E. Wnvd, alias William H. Hall. Sen- tenced April 12, 1877; county. New York; crime, forgery third degree ; term, five years ; prison. Sing Sjog- October 21, 1879. Edward Garrett. Sentenced August 2, 1879; county, Columbia; crime, assault and battery; term, six months; prison, Albany Gounty Penitentiary. October 21,1879. Theodore Fischel. Sentenced June 5, 1878 ; county. New York ; crime, grand larceny ; term, three years ; prison, Sing Sing. Appendix. 215 October 22, 1879. Henry Kix. Sentenced October 8, 1875; county, New York ; crime, murder, second degree ; term, life ; prison, Bing Sing. October 27, 1879. "William Morris. Sentenced September— , 1877; county, Erie; crime, burglary, first degree; term, ; prison, Elmira Reformatory. October 30, 1879. Hugh McCorley. Sentenced September 25, 1879; county, Columbia; crime, petit larceny; term, four months ; prison, Albany County Penitentiary. November 14, 1879. Daniel and Thomas Day. Sentenced March 26,1879; county, Erie; crime, petit larceny; term, ; prison, Western House of Eefnge for Delinquent Children at Rochester. November 15, 1879. John Simpson. Sentenced July 14, 1879 ; county, Albany; crime, vagrancy; term, one year; prison, Albany County Penitentiary. November 17, 1879. Edwin Williams. Sentencijd January 6, 1876; county, Kings ; crime, grand larceny ; term, five years ; prison, Kings County Penitentiary. The prisoner is serving out his time lost by an attempt to escape. November 17, 1879. Charles Plevocts. Sentenced June 2, 1879 ; county, Onondaga ; crime, petit larceny ; term six months and fined fifty dollars ; prison, Onondaga County Penitentiary. November 19, 1879. A. Charles Luce. Sentenced July 4, 1879 ; count}', Oneida; crime, extortion ; term, six months and fined thirty dollars; prison, Onondaga County Penitentiary. November 19, 1879. Frank Watley. Sentenced December 3, 1877 ; county, Onondaga ; crime, grand larceny ; term, three years; prison, Onondagn County Penitentiary. ^ November 19, 1879. William H. Ross. Sentenced July — , 1879 ; county, Erie; crims, petit larceny; term, one year; prison, Erie County Penitentiary. November 20, 1879. Michael McGuire. Sentenced December 30, 1878; county, Niagara; crime, rape; term-, five years; prison. Auburn. 216 Appendix. - November 20, 1879. Michael Shanghnessy. Sentenced July 9, 1879 (case appealed and judgment confirmed by Court of Ses- sions, September 30, 1879); county, Albany; crime, assault and battery ; term, thirty days ; prison, Albany County Penitentiary. N*ovember 21, 1879. Thomas Kelly, alias Henry' Hope. Sen- tenced April 24, 1876 ; county, Kings ; crime, burglary, second degree and grand larceny ; term, eight years ; prison, Kings County Penitentiary. November 21, 1879. Charles S. Nase and Charles Vickerman. Sentenced May 19, 1879; county, Herkimer; crime, burglary and grand larceny; term, three years; prison, Onondaga County Penitentiary. November 24, 1879. Charles A. Goff. Sentenced September 14, 1876; coiinty, Steuben ; crinie,burglary, third degree; term, . five years; prison, Aubni'n. November 24, 1879. Micliael Green. Sentenced July 6, 1878 (he was taken out of prison on the 15th day of July, 1 878, by a writ of certiorari, returned June 28, 1879) ; county, West- chester; crime, assault and battery ; term, six months ; prison, Albany County Penitentiary. November 24, 1879. Walter Barber or Baehr. Sentenced April 24, 1874 ; county, St. Lawrence ; crime, burglary ; term, seven years ; prison, Clinton. November 25, 1879. Jason D. Merritt. Sentenced February — , 1879 ; county, Cattaraugus ; crime, burglary, third degree ; * terra, two years; prison, Erie County Penitentiary. December 5, 1879. Mary Morris. Sentenced December 21, 1876 ; county. Kings ; crime, grand larceny ; term, four years and *six months ; prison, Kings County Penitentiary. December 15, 1879. Louis Kuhike. Sentenced October 27, 1879 ; county, New York ; crime, rape ; term, five years ; prison, Sing Sing. Appendix. 217 December 18, 1879. F. A. Dunster. Sentenced October 4, 1878 ; county, New York ; crime, grand larceny ; term, ; prison, Elmira Reformatory. December 20, 1879. Matthew Mulligan. Sentenced November 26, 1879 ; county, Saratoga ; crime, petit larceny ; term, ninety days ; prison, Albany County Penitentiary. COMMUTATIONS. January 11, 1879. John Campbell. Sentenced October 28, 1872 ; county. New York; crime, rape; term, twenty years; prison. Sing Sing ; transferred to Auburn. Commuted to nine years and six months, from October 28, 1872, subject to the legal deduction. January 17, 1879. David K. Pierce. Sentenced January 19, 1876; county, Oneida; crime, arson, first degree; term, life ; prison. Auburn. Commuted to four years, from January 19, 1876, subject to the legal deduction. January 22, 1879. Thomas Gillen. Sentenced December 18, 1875 ; county, Oswego; crime, arson, third degree; term, six years; prison. Auburn. Commuted to four years and two months, from December 18, 1875, subject to the legal deduction. January 28, 1879. Joseph Murray. Sentenced May 31, 1871 ; county. New York ; crime, robbery, first degree ; term, twenty years ; prison, Sing Sing; transferred to Auburn. Commuted to twelve years from May 31, 1871, subject to the legal deduction. January 29, 1879. Michael Healey. Sentenced December 30, 1878 ; county, Monroe ; crime, petit larceny ; term, six months and fined twenty-five' dollars ; prison, Monroe County Peni- tentiary. Commuted to one month, from December 30, 1878, actual service. January 30, 1879. John Beverly. Sentenced October 31, 1877 ; county, Cattaraugus; crime, attempt to commit rape; term, four years ; piison, Auburn. 15 218 Appemdix. Commuted to one year and six months, from October 31, 1877, subject to the legal deduction. February 4, 1879. Kichard Supplee. Sentenced February 6, 1877 ; county, New York ; crime, grand larceny from the person ; term, three years j prison. Sing Sing. Commuted to two years, from February 6, 1877, actual service. February 7, 1879. William Hoifman. Sentenced April 8, 1878 ; county, Kensselaer ; crime, bigamy ; tei-m, two years ; prison, Albany County Penitentiary. Commuted to one year, from April 8, 1878, subject to the legal deduction. February 13, 1879. Alphonso Guinand. Sentenced November 15, 1877; county, Oneida; crime, grand larceny; term, four years ; prison, Auburn! Commuted to one year and six months, from November 16, 1877, subject to the legal deduction. February 14, 1879. Patrick McCormack. Sentenced April 16, 1878 ; county, New York ; crime, burglary, third degree ; term, three years ; prison. Sing Sing. Commuted to one year, from April 16, 1878, subject to the legal deduction. February 17, 1878. Charles Clough. Sentenced February 19, 1878 ; county, Yates ; crime, bigamy ; term, two years ; prison. Auburn. Commuted to one year, from February 19, 1878, actual service. February 17,1878. John Gorton aWa« John Gordon. Sentenced June 19, 1872 ; county, Erie ; crime, robbery ; term, eight years ; prison. Auburn. Commuted to six years and eight months, from June 19, 1872, actual service. February l7, 1879. Michael Stein. Sentenced November 19, 1877 ; county, Albany ; crime, burglary, third degree ; term, three years ; prison, Albany County Penitentiary. Appendix. 219 Commuted to one year and six months from November 19 187Y, subject to the legal deduction. February 20, 1879. Bartley Hester. Sentenced Jan uai^ 22, 1879; county Fulton; crime, disorderly person ; term, sixty days ; prison, Albany County Penitentiary. Commuted, to one month from January 22, 1879, actual service. February 20, 1879. John Mal.oy. Sentenced November 22, 1878 ; county, Albany; crime, burglary, third degree; term six months ; prison, Albany County Penitentiary. Commuted to three months from November 22, 1878, actual service. February 26, 1879. Peter Kenny. . Sentenced August 29, 1878; ' county, Dutchess ; crime, assault with a dangerous weapon ; term, one year ; prison. Sing Sing. Commuted to six months from August 29, 1878, actual service. March 7, 1879. David Conroy. Sentenced May 10, 1878 ; county, New York; crime, assault to harm; term, one year and six months; prison, Sing Sing. Commuted to one year from May 10, 1878, subject to the legal deduction. March 20, 1879. Milton Lawton. Sentenced March 1, 1877; county, Jefferson ; crime, grand larceny ; term, three years ; prison. Auburn. Commuted to two years and seven months from March 1, 1877, subject to the legal deduction. March 21, 1879. Michael Donoliue. Sentenced June 7, 1872; county. New York ; crime, burglary, third degree; term, fiv.e years ; prison. Sing Sing. While serving this sentence, as a convict in the Auburri State Prison, he killed a fellow convict ; was indicted for murder in the first degree, and found guilty of manslaughter in the third degree. He was thereupon sentenced on the 16th day of May, 1874, from Cayuga county 1 to an additional term of four years, to commence at the expira- tion of the term of his former sentence, to wit, the 6th day of June, 1877. 220 Appendix. His sentence is hereby commuted so as to expire on the 22d day of March, 1879. March 26, 1879. Harvey Douglass. Sentenced December 27, 1878; county, New York; crime, petit larceny; term, six months ; prison, New York County Penitentiary. Commuted to three months, from December 27, 1878, actual service. March 31, 1879. Joseph Bates alias Eugene O'Hare. Sentenced April 1, 1878; county, New York; crime, receiving stolen goods; term, two years and six months; prison, New York County Penitentiary. Commuted to one year, from April 1, 1878, actual service. April 4, 1879. Bernard Conroy. Sentenced June 7, 1878; county. New York ; crime, grand larceny ; term, two years ; prison. Sing Sing. , Commuted to one year, from June 7, 1878, subject to the legal deduction. April 12, 1879. Walter Mickel and John Mickel. Sentenced March 13, 1879 ; county, Greene ; crime, petit larceny ; term, sixty days ; prison, Albany County Penitentiary. Commuted to one mont;Ii, from March 13, 1879, actual service. April ] 6, 1879. J. Vincent Jenks. Sentenced October 18, 1878 ; county, Wyoming ; crime, assault to rape ; term, one year and. eight months ; prison, Erie County Penitentiary. Commuted to six months, from October 18, 1878, actual service. ' • April 23, 1879. Philip Pearson. Sentenced June 27, 1878; county. New York; crime, grand larceny; term, two years; prison. Sing Sing. Commuted to one year from June 27, 1878, subject to the legal deduction. Upon condition that he leave the country, ' [Died April 24, 1879.] April 29, 1879. James Graham. Sentenced March 3, 1877; county, Washington ; crime, arson ; term, seven years ; prison, Sing Sing ; transferred from Clinton. Appendix. 221 Commuted to two years and two months, from March 3, 18Y7, actual service. April 30, 1879. James S. McClure. Sentenced July 2, 1878; county, Onondaga; crime, receiving stolen goods; term, three years; prison, Onondaga County Penitentiary. Commuted to one year, from July 2, 1878, subject to the legal deduction. May 21, 1879. Christian Meyer. Sentenced March 22, 1876 ; county, New York ; crime, grand larceny ; term, five years ; prison, Sing Sing. Commuted to tliree years and two months, from March 22, 1876, actual service. May 21, 1879. Alfred Calhoun. Sentenced May 23, 1879 ; county, Clinton ; crime, arson, third degree ; term, six years ; prison, Clinton. Commuted to two years and six months, from May 23, 1877, subject to the legal deduction. June 12, 1879. Jacob Berry. Sentenced April , 1878; county, New York ; crime, keeping a disorderly house ; terra, eight months, and fined $150 (the conviction was aflBrHied in the Supreme Court, and subsequently in the Court of Appeals ; the defendant in the meantime being on bail ; although sen- tenced in April, 1878, the term of his imprisonment did not begin until the 30th of April, 1879); prison. New York County Penitentiary. Commuted to sixty 'days from April 30, 1879. June 20, 1879. , James Plane. Sentenced April 23 ; 1879 ; county, New York ; crime, assault and battery ; terra, one year ; prison. New York County Penitentiary. Commuted to two months, from April 23, 1879, actual ser- vice. July 1, 1879. Lester Brotherton. Sentenced Nov. , 1877; county, Cayuga ; crime, murder, first degree ; term, to be hanged on the 17th day of June, 1878 ; reprieved January 15, 1878, until January 24, 1878; stay of proceedings granted and resentenced to be hanged on the 11th day of July, 1879; prison, county jail. 222 Appendix. Commuted to imprisonment in the Auburn State Prison for life. July 11,1879.' Henry Miner alias Charles Clark. Sentenced July 16, 1877 ; county, New York ; crime, burglary, second degree ; term, five years ; prison. Sing Sing. Commuted to two years, from July 16, 1877, actual service. July 22, 1878. Thomas Downey. Sentenced September , 1878 ; county, Kings ; crime, grand larceny ; term, two years ; prison. Kings County Penitentiary. Commuted to one year, from September 24, 1878, subject to the legal deduction. July 23, 1879. John S. Roberts and James Vondrey or Vouchey. Sentenced July 7, 1879; county, Washington; crime, mali- cious mischief; term, four months; prison, Albany County Penitentiary. Sentence of each commuted to fifteen days, from July 7, 1879, actual service. July 24, 1879. Peter Vornlacher or Furlacher. Sentenced November 6, 1871 ; county. New York ; crime, robbery, first degree; term, fifteen years ; prison. Sing Sing; transferred to Auburn. Commuted to seven years, eight months and eighteen days, from November 6, 1871, actual service. July 24, 1879. Christopher I. Maine. Sentenced June 10, 1876 ; county, Tioga ; crime, procuring an abortion ; term, five years ; prison. Auburn. Commuted to three years and two months, from June 10, 1876, actual service. July 28, 1879. Owen Coughlin. Sentenced February — , 1879 ; county, Albany; crime, breach of the peace; term, 360 days; prison, Albany County Penitentiary. Commuted to six months, from February 18, 1879, actual service. August 1, 1879. Moses Singer. Sentenced December 4, 1877 ; county. New York ; crime, assault to rape ; term, five years ; prison. Sing Sing. '^ Appendix. 223 Commnted to two yeare, from December 4, 187Y, subject to the legal deduction. August 4, 18Y9. James Donahue. Sentenced Fehruafy 6, 1878 ; . county, Kings; crime, grand larceny; term, five years; prison, Kirfgs County Penitentiary. Commuted to one year and six months, from February 6, 1878, actual service. Augnst 5, 1879. Charles H. Eletson. Sentenced May 11, 1878; county, Monroe; crime, receiving stolen goods; term, five years; prison, Auburn. Commuted to one year and six months, from May 11, 1878, subject to the legal deduction. August 19, 1879. William D. Morgan. Sentenced June 4, 1879; county, Oneida ; crime, false pretenses ; term, six months ; prison, Onondaga County Penitentiary. Commuted to two months and fifteen days, from June 4, 1879, actual service. August 23, 1878, John Curamings. Sentenced August — ,1879; county, Orange ; crime, assault and battery ; term, four months and fined twenty-five dollars; prison, Albany County Peni- tentiary. Commuted to payment of the fine of twenty-five dollars. August 30, 1879. Charles B. Boyd. Sentenced November 2, 1878 ; county, Chautauqua ; crime, forgery ; terrii, two years ; prison. Auburn. Commuted to one year, from November 2, 1878, subject to r; the legal deduction. September 1, 1879. Benjamin Skelly. Sentenced March 8, 1877 ; county, Washington ; crime, arson ; term, seven years ; prison, Clinton ; transferred to Sing Sing. Commuted to two years and six months, from March 8, 1877, actual service. September 17, 1879. Robert Wadsworth. Sentenced June 20, 1879 ; cojinty, Kings ; crime, abortion ; term, one year; prison. Kings County Penitentiary. Commuted to three montlis, from June 20, 1879, actual service. 224 Appendix. September 23J 1879. Alonzo Ainsworth alias James Smith. Sentenced November 25, 1879; county, New York; crime, . forgery; term, two years; prison. New York County Peni- tentiary. Commuted to one year, from November 25, 1879, subject to the legal deduction. September 25, 1879. Isaac Willse. Sentenced September 27, 1878 ; county. New York ; crime, assault to harm ; term, three years ; prison, Sing Sing. Commuted to one year, from September 27, 1878, actual service. September 27, 1879. Michael J. O'Donnell alias Henry Mon- crief. Sentenced January 22, 1878; county. New Fork; crime, petit -larceny from person; term, four years; prison. Sing Sing. Commuted to two years, from January 22, 1878, subject to the legal deduction, October 3, .1879. Charles Frederick Ybule. Sentenced May — , 1878 ; county, Jefferson ; crime, assault to ravish ; term, three years; prison. Auburn. Commuted to one year, four months and fifteen days, from May 17, 1878, actual service. October 3, 1879. James "Wilson. Sentenced July 7, 1879 ; county, Erie; crime, assault and battery; term, six months; prison, Erie County Penitentiary. Commuted to three months, from July 7, 1879, actual service. October 6, 1879. Stephen Reynolds. Sentenced October 3, 1877; county, Oneida ; crime, burglary, third degree ; term, three years; prison, Auburn. Commuted to two years and six months, from October 3, 1877, subject to the legal deduction. October 11, 1879. Wilhelm Johansen. Sentenced January 14, 1875 ; county. New York ; crime, burglary, first degree ; term, seventeen years; prison. Sing Sing; transferred to Auburn. Commuted to seven years, from January 14, 1875, subject to the legal deduction. Appendix. 225 October 11, 1879. Frank Irving. Sentenced October 15, 18Y8; connty, New York; crime, burglary, third degree; term, two years ; prison^ Sing Sing. -^ Commuted to one year, from October 15, 1878, actual ser- vice, October 20, 1879. Ellen Carey. Sentenced October 24, 1877 ; county, New York ; crime, arson, first degree ; term, life ; prison, New York County Penitentiary. Commuted to two years, from October 24, 1877, actual setvice. November 1, 1879. Edwin K. Mathewson. Sentenced October 4, 1878 ; county, New York ; crime, grand larceny ; term, two years ; prison. New York County Penitentiary. Commuted to one year and one month,* from October 4, 1878, actual service. November 6, 1879. George tV. Matsell. Sentenced March 8, 1878 ; county, New York ; crime, obtaining money by false pretenses ; term, tliree years ; prison. New York County Peni- tentiary . Commuted to two years, from March 8, 1878, subject to the legal deduction. •November 7, 1879. Gustavns Abbott. Sentenced March 1, 1878 ; county. New York ; crime, obtaining goods by false pretenses ; term, three years ; prison. Sing Sing. Commuted to two years, from March ], 1878, subject to the legal deduction. November 14, 1879. Edward W. Tallman. Sentenced March 16, 187-8 ; county, Dutchess ; crime, causing a miscarriage ; term, four years ; prison. Sing Sing. Commuted to two years, from March 16, 1878, subject to the legal deduction. November 14, 1879. Jolin Williams. Sentenced May 16, 1878 ; county. New York ; crime, burglary, third degree ; term, two years and six months ; prison, Sing Sing. Corajnuted to one year and six months, from May, 16, 1878, actual service. 226 Appendix. November 14, 1879. Lawreilce Delaney. Sentenced July 18, 1879 ; county. Kings ; crime, assault and battery ; term, six months ; prison. Kings County Penitentiary. Commuted to four months, from July 18, 1879, actual service. November 20, 1879. Hugh McCarrick. Sentenced September 24, 1878; county, Albany ; crime, burglary, third degree ; term, two years; prison, Albany County Penitentiary. Commuted to one year and two months, from September 24, 1878, actual service. November 30, 1879. Anson Eldridge. Sentenced August 25, 1878 ; county, St. Lawrence ; crime, larceny from the person ; term, two years ; prison, Clinton. Commuted to one year and three months, from August 25, 1878, actual service. November 20, 1879. H,enry H. Wilson. Sentenced November 22, 1870 ; county. Kings ; crime, burglary, first degree ; term, twenty years ; prison, Sing Sing. Commuted to nine years, from November 22, 1870, actual service. November 25, 1879. Eichard Plunkett. Sentenced NovembeB 27, 1878 ; county. New York ; crime, grand larceny ; term, two years ; prison. New York County Penitentiary. Commuted to one year, from November 27, 1878, actual service. November 25, 1879. Thomas Lyons. Sentenced November 29, 1876 ; county. Queens ; crime, rape ; term, seven years ; prison. Auburn. Commuted to four years, from November 29, 1876, with deduction. December 1,1879. George Smith (colored). Sentenced Februaiy 15, 1870 ; county New York ; crime, burglary, first degree ; term, twenty years ; prison. Sing Sing. Commuted to fifteen years and eight months froin February 15, 1870, subject to the legal deduction. Appendix. 227 December 1, 187-9. George and John Vandyke. Sentenced April 5, 1877 ; county, St. Lawrence ; crime, burglary and larceny ; term, five y.ears each ; prison^" Clinton. Commuted to three years and six months from April 5, 1877, with deduction. December 2, 1879. William C. Gilman. Sentenced Octobpr 12, 1877 ; county, New York ; crime, forgery, third degree ; term, five years ; prison, Sing Sing ; transferred to Auburn. ■Oommuted to two years, one month and twenty days from October 12, 1877, and will terminate December 2, 1879. December 9, 1879. Thomas Egan. Sentenced May 31, 1878 ; county, Eensselaer ; crime, aiding and abetting in obtaining money of the county wfongfully ; term, eight years, and fined $1,500; prison, Clinton. Commuted to one year and ten months from May 31, 1878, with deduction. December 9, 1879. Hamilton Parker. S'entenced December 10, 1878; county, Onondaga ; crime, assault with a deadly weapon; term, three years ; prison, Onondaga County Penitentiary. Commuted to one year from December 10, 1878, actual service. December 9, 1879. William Parnham. Sentenced November 2, 1878; county, Chautauqua; crime,' grand larceny; term four years ; prison. Auburn. Commuted to one year and four months from November 2, 1878, with deduction. December 10, 1879. Elijah Sparks. Sentenced December 13, 1876; county, Orange; crime, grand larceny; term, five years; prison, Sing Sing; transferred to Auburn. Commuted to four years, from December 13, 1876, with deduction. December 10, 1879. William J. Aikin. Sentenced September 5, 1872 ; county, New York ; crime, grand larceny, two charges, and attempt burglary first degree; term,, twenty years; prison. Sing Sing; transferred to Clinton. Commuted to eleven years and four months, from Septem- ber 5, 1872, with deduction. 228 Appendix. December 15, 18Y9. James G. Twiss. Sentenced July 8, 1875 ; county, ^ew York; crime, robbery first degree; term, eigh- teen years ; prison, Sing Sing. Commuted to six years and six months, from July 8, 1875, subject to legal deduction. December 15, 1879. Daniel Eowland. Sentenced March 22, 1878; county, Otsego; crime, rape; term, six years; prison. Auburn. Commuted to one year and nine months, from March 22, 1878, actual service. December 15, 1879. William Hess. Sentenced May 26, 1875 ; county. New York ; crime, burglary first degree ; term, fif- teen years ; prison, Sing Sing. Commuted to seven years and six months, li!bom May 26, 1875, subject to legal deduction. December 15, 1879. James A. Gibson. Sentenced December 20, 1878; county, Onondaga; crime,- grand larceny; term, two years ; prison, Onondaga County Penitentiary. Commuted to one year, from December 20, 1878, actnal service. December 15, 1879. Thomas Ryan. Sentenced June 27, 1877 ; county. New York; crime, murder, second degree; term, life ; prison, Sing Sing. Commuted to three years and three months^ from June 27, 1877, subject to the legal deduction. December 15, 1879. Thomas Lowndes, sentenced Jiine 17, 1874 ; county, Kings; crime, murder, second degree; term, life; prison. Sing Sing ; transferred to Auburn. Commuted to eight years and four months, from June 17, 1874, subject to the legal deduction. December 15, 1879. Michael Perry. Sentenced February 13, 1878; county, Monroe; crime, assault with intent to rob; term, ten years ; prison, Auburn. Commuted to five years, from February 13, 1878, subject to the legal deduction. Appendix. 229 Deeember 1 8,' 18Y9. Thomas R. Lewis. Sentenced April 22, 1878 ; county, New York ; crime, forgery, third degree ; term, two years and six months ; prison, Sing Sing. '. Commnted to one year and eight months, from April 22, 1878, actual' service. December 18, 1879. Hugh Cassidy. Sentenced April 23, 1879 ; county, Albany ; crime, burglary, third degree ; term, two years; prison, Albany County Penitentiary. Commuted to eight months, from April 23, 1879, actual service. BEPRIEVE8. May 14, 1879. Felix McOann. Sentenced March 31, 1879; county, Chenango ; crime, murder ; term, to be hanged May 16, 1879 ; prison, county jail. Eepri«ved until Friday, June 6i, 1879. December 10, 1879. Nathan Orlando Greenfield. Sentenced October , 1879; county, Onondaga; crime, murder, first degree ; term, to be hanged on the 12th day of December, 1879 ; prison, county jail. Reprieved until Friday, January. 30, 1880. INDEX 1877 1878 1870 PAGE. FAQE. FAOB. Bills falling, to become laws by expiration 97-103 Pafbrs Issued in 1877, Too Late for Publication in Public Papers of that Year. Mason, Francis O., Cdunty Judge of Ontario County, dismis- sal of charge against 3 Proclamation, withdrawing reward for trespass upon railroads, 5 MISCELLANEOUS. Albany Burgesses Corps, memorandum filed with bill to sup- ply arms to 61 .... Apportionment bill, memorandum filed with 51 Brown, Thomas J., Superintendent of the Poor of Oneida County, order removing from office 106 .... Brotherton, Lester, reasons for commutation of sentence 141 Buffalo State Asylum for the Insane, memorandum attached to bill making appropriation for 91 Certiorari, writ of, denying right of Supreme Court to issue to Governor Ill Dix, Hon. John A., special message to Legislature announc- ing death of 50 EUis, DeWitt C, charges against 18-33 Gumbleton, Henry A., County Clerk New Vork, order remov- ing from office 23 Hudson River State Hospital for the Insane, memorandum attached to bill making appropriation for the 91 Interest, memorandum filed with bill reducing legal rate of. 132 Letter to the Legislature relating to the careless engrossing of bills 3 Loew, Frederick W., Register City and County of New York, giving time for amended answer 3 232 Index. Miscellaneous — [Continued^. 1877 1878 1879 PAGE, PAGE. PAGE. Loew, Frederick W., suspension of charges against 35 Morton, George W., Commissioner of Excise, City of New York,- order removing from office 6 National Guard, complimentary order from the Governor. . . 115 Nevir Capitol, memorandum attached to bill making appro- priation for 91 New Capitol Commissioners, memorandum filed with bill for liquidating the liabilitii-s of 13 New Capitol, memorandum filed with "supply bill" in rela- 'tion to appropriation for 116 New York county, charges against Sheriff, letter to Henry E. Knox and J. Adriance Bush, relative to hearing argu- ments'. 166 Nicliols, Sidney P., Police Commissioner, city of New York, approval of mayor's action in removing from office 49 Police Commissioners, city of New York, reasons for approval of mayor's action in removing from office 155 Powell, Archibald C. , Superintendent of the Onondaga Salt Springs, order removing from office 159 Richmond, Henry E., Sheriff of Manroe county, dismissal of charges against .^ 105 Seymour, Hon. Horatio, letter to, regarding the pardon of forgers ' 156 Smith, Hon. A. P., County Judge of Cortland county, letter transmitting copy of charges against 33 Smith, Hon. A. P. , dismissal of charges against 107 .... Smith, William P., Police Commissioner, city of New York, approval of mayor's action in removing from office 155 ■ Smyth, Hon. John P. , Superintendent of Insurance Depart- ment, letter transmitting copy of charges against, and mes- sage to Senate 11 15 State Survey, memorandum filed with bill in relation to 60 Pipe lines, reasons for allowing bill to become a law, by lapse of time, with opinion of Attorney-General 50 Walworth, Prank H. , reasons for the pardon of 106 Index. 233 MisGELLANEOTiB — {Gontinued). MsaioBANDA Piled with Cbhtain Bills, Not Approved by the Gover- NOR, in the Office of the Secsetary of State, viz. :, 1877 1878 1879 PAOE. PAOE. PAGE. Albany, city of, relation to elections in, etc 104 .... Brooklyn, city of, in relation to government Of ; 94 Canals, maintenance of. 88 .... Cayuga Lake, to remove obstructions from 133 Citizens holding claims agains.t other States, to protect rlghtsof..' 89 .... Code of Civil Procedure, amending 103 .... Game Constables, providing for appointment of special 104 Harlem River and Spuyten DuyvU creek, improvement of . . 134 Insurance Department, to amend chapter 366, Laws of 1859. . 95 Labor statistics, collection of 137 Military Code, revision of 140 New York city, to secure better public administration in 93 93 .... New York city, in relation to public instruction 96 New York city, in relation to commissioner of jurors 90 Public burdens in various cities of this State, in relation to, 92 Regents of the University, to purchase certain autographic letters 138 Regents of the University, to purchase objects of natural history 140 Richmond county, to change location of court-house and clerk's office 90 Supreme Court, relative to justices in Third Judicial District, 97 Taxes, assessment and collection of 135 Town insurance companies, to incorporate 89 Washington's Head-quarters at Tappan, to purchase 139 PROCLAMATIOlSrS. Charette, William, reward for arrest of those implicated in attempt to murder 15 Cleary, John, reward for arrest of those implicated in mur- der of . 15 Davis, John, reward for arrest of the murderer of 93 16 234 Index. Peoolam ATioNs — ( Continued ). 1877 1878 1879 FAOE. PAGE. PAGE. Election, special, in Second Assembly district, Orange county, 4 Election, special, in First Assembly district, New York county 5 Election, special, in Twenty-fourth Senate district 13 Markle, Anna, reward for arrest of those implicated in the murder of 8 Riots 103-105 Senate, convening in extra session 90 Thanksgiving ..'. 116 113 165 Plbueo-Pnbtimonia Among Cattle. Gaflf, Pieischmann & Co., declaring stables of, in quarantine 4 Kings County Sheriff, letter of instructions to 7 Patrick, Gen. Marsena R., appointment as assistant to the Governor — Letters of instruction, 1879, 5, 11, 13, 33, 37 Queens County Sheriff, letter of iostructions to 7 vetoes: Albany, appointing harbor master in port of 81 American Jersey Cattle Club, to incorporate 37 .... Andes, to organize fire department 39 Astoria, (Long Island City), relative to certain streets and avenues in 98 Auburn City Hospital, to incorporate 87 .... Bath, to confirm official acts of John L. Smith and Martin W. Noble, as commissioners of excise 9 .... Binghamton, to amend act incorporating 7 Brooklyn Library Building Fund Association, amending act to incorporate 63 Brooklyn, Atlantic Avenue Railroad Company 136 Brooklyn, to facilitate trial of certain actions, and to provide for counting ballots, etc 94 Brooklyn, amending charter (O'Reilly Bill) , 40 Black creek, to declare a public highway 84 Buffalo.'custody of city and county hall ; 10 Buffalo and Erie county, public buildings and grounds belong- ingto ■. 79 Buffalo, better collection of taxes in. 83 Index. 235 81, 83 43 84 64 Vetoes — ( Continued ). Canals, maintenance of Canals, in relation to Canal Appraiser's award • Carleton, Fii'st Methodist Church; prohibiting interments in burial ground Carthage, amending charter Cemeteries and burying grounds, relating to 41-63, 83, Certiorari and habeas corpus, writs of Chazy, First Wesleyan Methodist church , Civil Code Clinton county, county poor in Clyde and Rose Plank-road Company, repealing act of incor- poration Code of Civil Procedure Cohoes, city, to amend act incorporating Coming, town, authorizing to borrow money County Treasurers, Monroe and Seneca Dunkirk, amending charter of village of Eastern New York Fanciers' Association, to incorporate . . . Elections, other than for militia and town officers, to amend act Erie county. Surrogate's Court in Erie county, special clerk to Supreme Court Erie county, publication of legal notices in German language, .... Esopus creek, protection of fish in Fire apparatus. Sag Harbor 29 Fire departments, to incorporate 38 Fire department, to organize ... 39 Fire house in Skaneateles 63 Fish in Owasco lake 30 Flushing avenue (Long Island City), to improve Fort Edward, union free school district number one German Flats, to create board of alms in Genesee Valley Canal, to extend time for sale of Gouverneur Fire Company, to incorporate Guion, J. Marshall, to confirm official acts of 5 Habeas corpus and certiorari, writs of 1877 1878 1879 PASS. PAOB. PAGE. 85 84 65 39 14 36 44 79 83 73 99 63 45 59 101 58 80 131 65 39 59 61 95 48 236 Index. Vetoes — (Continued ). 1877 1878 1879 PAGE. FA.GV, PAQB, Harpersville Cemetery Association, granting certain powers to, etc 63 Herkimer county, amending act facilitating dissolution of manufacturing corgorations 21 Higliways, amending act altering system of repairing. 31 Highway labor, relative to 43 Hudson, city, extending time for collection of taxes 33 Hoosick, Baptist Church to sell burying ground and remove dead 41 Incorporations of cities and villages, acts amending or repeal- ing, 1877 7,40,43,44,61, 64 Incorporations, private, acts amending or repealing, 1877, 31 , 63, ' 64 Indians, Seneca, to confirm lease made by 38 Insurance companies, plate glass, to regulate deposits of secu- rities made by 20 Insurance,^ married women, relative to 46 Insurance, to prevent false statements in relation to the busi- ness of, fire 41 Insurance, construction of fire, policies 60 Insurance companies, formation of town 117 Johnsburgh, town, construction of road 21 Lansingbui'gh, village, amend acts relative to 46 Leroy, village, conferring additional powers on trustees 55 Little T'alls, change the name to Rocton 83 Little Palls, amend act reincorporating 53 Married women, relative to . .-. 61 Medical science, to promote 78 Mentz, town of, relation to highway tax of New York Cen- tral and' Hudson River Railroad in 47 Merchandise, to prevent fraud in sale or exchange of 119 Milton, school district number one to issue bonds 131 Monroe county, amending act to authorize treasurer to sell property for unpaid taxes 48 .... Newtown creek, to change bulkheads and pier lines 75 New York city, district courts in ; . . 8 44 New York, lecal government to reorganize (" omnibus bill "), 64 New York, relative to certain indebtedness 41 Index. 237 40 61 17 Vetoes — {Continued ). 1877 PAGE. New York, providing additional number of commissioners of deeds New York, Five Points House of Industry New Roclielle, town, drainage of swamp lands Niagara City, amending act to incorporate Niagara Falls, amending act to incorporate Niagara county, additional powers on Supervisors relative to support of poor. Niagara county, relative to county poor Notaries Public, to. ilicrease number Northville, to amend act incorporating Oneida River. (See Seneca River, 1877.) Oneida Lake Canal, reappropriating money to complete con- struction Onondaga Salt Springs Reservation, line salt lots on Onondaga Salt Springs Reservation, amending act to authorize appraisal and sale of leased fine salt lots Orange county, to extend jail limits Orleans county, additional powers on Supervisors, relative to support of poor Orleans county, relative to county poor Oswego river. (See Seneca river, 1877.) Oswego county, town hall in Mexico '. . . Owasco lake, to prevent taking of trout in Piseco lake, Hamilton county, to construct road to Plattsburgh, incorporating fire department in village of . . ... Poughkeepsie, relating to raUroad in Processions and parades, amending act to regulate Public roads, laying out and altering in certain cases Public Works, Superintendent of Queens county, metropolitan sanitary districts, etc., in Queens county, laying out Bushwick avenue Revised Statutes, relating to assessment and collection of taxes • ■ Revised Statutes, amending, in relation to inspectors of elec- tion Revised Statutes, amending, in relation to roads and highways. 1878 PAQE. 50 1879 PAGE. 56 119 48 99 57 64 44 99 135 48 99 35 30 28 37 11 80 26 78 58 57 96 85 38 238 Index. Vetoes — [Continued). Revised Statutes, amending, in relation to laying out and altering public roads. Rochester city, to construct bridge over Brie canal Royal Templars of Temperance, to incorporate Grand Coun- cil of. Sag Harbor, authorizing village to purchase fire apparatus. . . Saratoga county, authorize Court of Sessions and Oyer and Termitier to pay clerk hire Saratoga Springs; authorizing trustees to remove bodies in Nelson street burying ground Saratoga Springs, confirming action of trustees in the purchase of lands for cemetery purposes School moneys, regulating payment of Scio, town of, authorizing appointment of constables in. . . . . Seneca Falls, board of education to appoint educational assessor Seneca river, constructing flshways on dams, across Oswego, Oneida and Skaneateles, authorizing trustees to sell real estate, to build an engine house Steinway avenue (Long Island City) to improve Supervisors, to confer additional powers on boards of, etc. . . Supply bill, items in Surrogate's court in Erie county. Surrogates' courts, proceedings in Syracuse, city, police and Are commissioners in Taxes, assessment and collection of Taxes, collectors and receivers of Town ofBceis, amending act fixing time for election of Troy Public Library, incorporating Union, village of, to incorporate Tornado Hook and Ladder Company United States Trade-mark Association, to iucorporate Watervliet, providing better facilities for election of town officers Watkins, Methodist Episcopal Church in Westchester county, relating to certain public offices in 1877 1878 1879 PABE. PAOK. . 87 PAOB. 102 47 39 84 77 23. 34. 63 47 79 45 78 35 37 85 49 134 63 78 133 103 64 118 55 82 34 Index. 239 Vetoes — {Continued ). 1877 1878 1878 FAOE. PAGG. FAOE. Wolcott, amending act relative to election of police justices in village of 183 Women, election to school offices 43 Wyoming county, town of Pike, authorizing school district No. 8 to sell portion of school-house site 75 APPENDIX. Letter to Governor J. D. Bedle, of New Jersey, regarding the surrender of Henry W. Baldwin Pardons, commutations and reprieves, 1877, 1878, 1879