c«'iCA>;ivji>:^;-l;'o;^ %*^\f^:'fev^>;;^?i',Vr^;-^;':^''v 0" Date Due R-WP! flSW J87 .NTir'llM-'lW "*^ ''imlHm'SSi!S^'L.^,^!2y!?^..9\?yf>)»n^, flover olin 3 1924 032 617 999 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924032617999 State ok New York. PUBLIC PAPERS OF . Grover Cleveland, GOVERNOR. 1883. ALBANY: THE ARGUS COMPANY, PRINTERS. 1883. /f> ZS-2./a ELL university: LIBRARY PUBLIC PAPERS OF Governor Cleveland. 1883. ANNUAL NIESSAGE. STATE OF NEW YORK. EXECUTIVE CHAMBER, 1 Albany, January 2, 1883. ) To the Legislature : In obedience to the provision of the Constitution which directs that the Governor shall communicate to the Legis- lature, at every session, the condition of the State, and recommend such matters to them as he shall judge: expe- dient, I transmit this, my first annual message, with the intimation that a newly elected executive can hardly be prepared to present a conlplete exhibit of State affairs, or to submit in detail a great variety of recommendations for the action of the Legislature. From the statement furnished me by the Comptroller, the details of which will be found in the annual report of that officer, it appears that the finances of the State are in a satisfactory condition. The total funded debt on the 30th day of September, 1882, after deducting an unapplied balance in the Sinking Fund of the Canal Debt, was. $6,385,356.30. * Of this sum, 1122,694.87 is the amount necessary to yield, at six per cent. 4 Public Papbbs of Govebnob Cleveland. interest, the sum required to pay the annuities to Indians ; $3,000 is the unclaimed bounty debt ; and the remainder, $6,259,661.43, represents the Canal Debt. The only change in the funded indebtedness of the State during the last fiscal year was a contribution of $309,717.00 to the Sinking Fund, thus reducing by that sum the debt remaining unpro- vided for on the 30th day of September, 1881. The aggregate receipts of the -State Treasury during the last fiscal year, including a balance from the previous year amounting to $5,531,858.71, were $17,735,761.59; the pay- ments during the same period amounted to $13,898,198.21, leaving a balance in the treasury at the beginning of the current fiscal year of $3,837,563.38. The amount received from taxes on corporations during the last year was $1,539,684.27, being an increase of $446,959.11 over the previous year. The rate of taxation for the current fiscal year was fixed by the last Legislature at 2-^^^ mills on the dollar. This it is estimated, will yield on the present valuation of property a revenue of $6,820,022.29. The imperfection of our laws touching the matter of taxation, or the faulty execution of existing statutes on the subject, is glaringly apparent. The power of the State to exact from the citizen a part of his earnings and income for the support of the Govern- ment, it is obvious should be exercised with absolute fairness and justice. When it is not so exercised, the people are oppressed. This furnishes the highest and the best reason why laws should be enacted and executed which will sub- ject all property, as all alike need the protection of the State, to an §qual share in the burdens of taxation, by means of which the Government is maintained. And yet it Public Papers of Governor Cleveland. 5 is notoriously true that personal property not less remun- erative than land and real estate, escapes to a very great extent the payment of its fair proportion of the expense incident to its protection and preservation under the law. The people should always be able to recognize, with the pride and satisfaction which are the strength of our insti- tutions, in the conduct of the State, the source of undis- criminating justice, which can give no pretext for discontent. Canals. The revenues and expenditures of the canals for the year ending September 30, 1882, were as follows : REVENUES. Tolls $647,602 88 Rent of surplus water 1,91° 85 Miscellaneous sources 10,456 62 1659,970 35 EXPENDITURES. For ordinary repairs : Superintendent of Public Works $143,276 81 Engineers • 30,000 00 Section superintendents 361 ,906 04 To collectors of canal tolls for salaries, clerk hire, pay of inspectors and office expenses.. 35,337 23 Weighmasters and assistants, for salaries and office expenses 2 , 889 83 Salaries chargeable to the annual revenues, refunding tolls, printing and miscellaneous expenses 80, 100 10 ^653,510 01 Surplus revenue $6,460 34 6 Public Papers of Uovernor Cleveland. For the year ending September 30, 1881, the revenue failed to meet the expenditures by the sum of $205,642.45. The following is a statement of freight carried arid tolls collected from the opening of navigation to December first in the years 1881 and 1882: Tons moved. Tolls collected. 1882 5,421,720 1655,195 51 1881 5,143,877 631,621 II Gain in 1882 277,843 $23,57445 To provide for the deficiency in the Sinking Fund under article 7, section 3 of the Constitution, it will be necessary to raise by tax the sum of $1,038,198.34, which will be equal to about -^Tj of a mill on the present valuation. The Superintendent of Public Works estimates that the tolls received since September 30, 1882, with an unexpended appropriation in the Canal Fund, amounting together to about $588,000, will be ample to make the necessary repairs and operate the canals until the close of the present fiscal year. The adoption of the ■ amendment to the Constitution abolishing tolls on the canals, renders it necessary for the present Legislature to provide by tax for their maintenance and repair for the year ending September 30, 1884. The amount required for these repairs the Superintendent estimates at $500,000. Some legislation will also be neces- sary, under our new canal policy, to provide for the inspec- tion of boats and the collection and preservation of statistics. Since, by the adoption of the constitutional amendment, the cost of maintaining the canals is to be met by a tax upon all the property of the State, it is our plain duty to deal with this subject with strict economy. The safeguards heretofore existing in the Constitution, which protected the PvBLic Papebs of Oovernob Cleveland. 7 taxpayers from unlimited expanse in the management and repair of the canals, having been relinquished by the people, this act is by no means to be regarded as an indication that they have forgotten the time when the extravagance and fraud connected with the canals were a scandal and reproach to the State. They have, in their devotion to their great water-ways, and in the fear that the limitations of the Con- stitution might impair their usefulness, surrendered the pro- tection thus afforded, together with the revenue derived from tolls, and have intrusted the whole matter to their chosen representatives. In the execution of the trust com- mitted to us under such circumstances, all propositions and schemes for the enlargement of the canals or the expendi- ture of large sums of money in their alteration, should, in my opinion, be stubbornly opposed, at least until the effect of the abolition of tolls is fully apparent. At the present time, what the people want, and what they will demand, is the management of the canals as they now exist in such manner that their utmost capacity shall be made available at the lowest possible cost. Considerable sums of money which have been appropri- ated for specific canal purposes, still remain in the treasury, the expenditure of the same having been heretofore pre- vented by the prohibition of the Constitution. It is sug- gested that these moneys might well constitute a fund to be drawn upon to meet unforeseen emergencies. Canal Appraisers and Auditor. From a statement furnished by the Canal Appraisers, it appears that the number of claims filed during the last fiscal year was eighty-nine, amounting in the aggregate to $168,652.57. During the same time 273 claims, amounting 8 Public Papebs of Qovebnob Cleveland. to 1866,741.58, have been disposed of, the aggregate of awards made upon the same amounting to only $19,644.76. Since the close of the fiscal year a large number of other claims have been adjudicated, which leaves at the present date about 400 to be acted upon. At the close of the year ending September 30, 1881, there appears to have been 741 claims on file awaiting determination. The expense attending the maintenance of this Board, exclusive of the payment of awards, for the last fiscal year, was $39,639.20, of which sum 115,280.07 was paid to various attorneys employed to defend, on the part of the State, against claimants. I desire to submit in . this place for consideration the question whether it would not be well to establish in the place of the Board of Canal Appraisers and the Board of Audit, as now constituted, some tribunal which shall have the power to hear and determine all claims against the State. It seems to me that justice to the claimants and protection to the State would be much better assured if these demands were submitted to persons whose experience and training fit them for the examitiation of the questions involved, according to the rules and methods which prevail in courts of justice. It is apparent that such a tribunal could be maintained, and a competent person provided as counsel to protect the interests of the State, at a much less expense than that attending the Board of Canal Appraisers and Board of Audit, and with vastly more satisfactory results. I can see no reason why the office of Auditor of the Canal Department may not also be abolished. The cost of its maintenance during the last year is reported as being Public Papers of Governor Cleveland. 9 more than $22,000. Since the change in the Constitution the duties which might devolve upon that officer, could, it is believed, be well performed in the Comptroller's office with very little increase in the expense of that department. It is supposed that the changes above suggested would result in an annual saving of more than $30,000, with no detriment to the public service. Public Education. The Superintendent of Public Instruction has furnished the following statement relative to his department, covering the year ending September 30, 1882. Total receipts, including balance on hand October i, 1881 ; $12,543,446 34 Total expenditures '.... 11,181,986 55 Amount paid for teachers' wages 75986,383 96 Amount paid for school houses, repairs, fur- niture,-etc 1,525,578 26 Estimated value of school houses and sites. . 3053335641 00 Number of teachers employed for the legal term of school 20 , 899 Number of teachers employed during any portion of the year 31,232 Number of children attending, public schools , I ' 041 , 089 Number of persons attending Normal schools 6,156 Number of volumes in school district libraries 705,812 Number of persons in the State between the ages of five and twenty-one years I5681, 113 The success of our common school system is so closely connected with the welfare of the State, that its satisfac- tory condition should be a subject of congratulation to every citizen. The number of children attending public 10 Public Papers of Governor Cleveland. schools during the last fiscal year was 19,807 in excess of the number reported the year previous, while my prede- cessor in his last annual message called attention with regret to a decrease in attendance for the year then closed. Banks. Seventy-six banks of discount and deposit were engaged in active business under the provisions of the banking laws of the State, on the ist day. of October, 1882. On that day their condition was reported as follows : Resources $122,563,460 Capital 18,805,700 Surplus and profits 9,657,702 Due depositors 82,050,980 Other liabilities 12,049,078 The increase in deposits during the year was $6,333,850 ; profits, $729,527 ; loans and discounts, $5,503,379, and the net aggregate increase in assets was $9,099,888. During the year six new banking associations were organized, one failed, and one was converted from a State to a National bank. On the ist day of July, 1882, the number of savings banks reported to the Superintendent of the Banking Department was 127, of which number eleven are in pro- cess of voluntary liquidation. During the year one new savings institution was organized, and one closed, having first paid its depositors and creditors in full. The condition of the savings banks on the day above named was as follows ; Resources., $460,123,582 Due depositors 400 , 743 , 838 Surplus 59,157,039 Other liabilities 222,705 Number of open accounts i ,066,518 Public Papers of Qovernob Cleveland. 11 The increase in these several items during , the year was as follows: Resources $34,918,774 Deposits 30,071,541 Surplus 5,853,656 Open accounts 70,776 There are fourteen trust, loan and mortgage companies in the State. Their condition on July i, 1882, was as follows : Resources *i39, 75^,534 Capital 12,579,500 Surplus and profits 9,854,376 Deposits 104,888, 185 Other liabilities 12,436,473 This statement shows an increase over last year of $10,765,848 in deposits, $1,322,027 in surplus and profits, and a net aggregate increase in assets of $13,869,620. On the first day of October last, there were in the State fourteen corporations for the safe keeping and guaranteeing of personal property, employing $2,676,900 of capital in the aggregate. State supervision of banks is worse than useless unless it is thorough and effective. Under the law as it how stands, the Superintendent of the Banking Department must cause an examination to be made of these institu- tions only when, in his opinion, there is good reason to suspect an unsound condition, or false reports. It would seem that the solvency of the banks and the protection of depositors would be better assured, if one or more examinations, in each year, were made compulsory on the Department. lii Public Papers of Governor Cleveland. Insurance. The records of the Insurance Department show that there were 151 fire insurance companies doing business in this State on the ist day of July, 1882, of which sixty-nine were New York State companies, fifty-five were organized in other States, and twenty-seven were foreign companies, with assets amounting in the aggregate to $154,810,890.43 ; their total liabilities, including capital stock, were ^111,423,096.62, and their net surplus, $43,387,793.81. There were twelve marine insurance companies doing business in this State on the ist day of January, 1882, with assets amounting to $22,888,423.93, and liabilities, including capital stock and scrip, amounting in the aggregate to $18,183,850.69, leaving a net surplus of $4,704,573.24. There are twelve life insurance companies organized and doing business under the laws of this State, with assets amounting in the aggregate to $225,966,512.02 ; liabilities, $187,050,970.48, leaving a surplus as regards policyholders of $38,915,541.54. There are also seventeen life insurance companies organ- ized in other States, but doing business in this, with total assets of $203,310,947.58, and liabilities amounting to $169,813,325.83, leaving a surplus as regards policyholders of $33)497(621.75 ; also one foreign life insurance company, with total assets in the United States of $123,735.09, liabili- ties, $5,248.75, and surplus, $118,486.34. We have six casualty insurance companies, of which two are New York companies, two organized in other States, and two are foreign companies, with aggregate assets amounting to $3)ii°.737-ii ; liabilities, $1,948,199.53, and a net surplus of $1,162,537.58. The number of co-operative insurance companies trans- Public Papers of Goveknor Cleveland. 13 acting business in this State on the ist day of January, 1882, was 115, having 325,524 certificates in force, of which 90,219 were written during the year 1881. Within the last- mentioned year 28,274 certificates terminated, and losses to the amount of $4,742,090 were paid by this class of insur- ance organizations. During the year 1882, there was organized under the general insurance laws of this State, one mutual fire insur- ance company, with a paid up cash conti-ibution of $200,000, and one plate glass insurance company, with a paid up capital of $100,000. Eight fire insurance companies, four organized in other States, and four foreign companies, have, during the year, been admitted to transact business in this State, with total assets amounting to $3,220,464.36, and lia- bilities, including capital stock, amounting to $1,554,788.42. Thirteen fire, two life and two marine insurance companies have ceased to do business in this State during the year 1882. On the ist day of July, 1882, the amount of securities, for the protection of policyholders insured by the various insurance companies transacting business in this State, held on deposit in the Insurance Department, as required by law, was $13,594,749-30, classified as follows: New York State life insurance companies $2,852,097 36 New York casualty insurance companies , 201,509 95 New York fire insurance companies 1,653,000 00 Fire insurance companies of other States 20, 100 00 Foreign insurance companies 8,868,041 99 *i3,594,749 3° The Superintendent of the Insurance Department has distributed to policyholders, in bankrupt insurance com- panies, up to July I, 1882, from the securities held by him for their benefit, the sum of $812,546.55. 14 Public Papers of Govebnob- Cleveland. I am informed that the expenses of maintaining this department for the year ending September 30, 1882, were at least $100,000, while recent investigations tend to con- vince the ordinary mind that this department, and the laws in relation to the subject of insurance, do not furnish the protection to the people which they ought. I suggest that . steps be taken to make this department more useful and less expensive, and that the law touching the entire ques- tion of insurance be reduced to a plain and simple enact- ment which shall be a safeguard against the abuses to which this important interest is now exposed. National 'Guard. Under the policy recently inaugurated, the National Guard has been reduced to four divisions, eight brigades, fifteen regiments, one battalion and forty separate companies of infantry, and' seven batteries of artillery, comprising in the aggregate 11,608 officers and enlisted men. The changes made during the year comprise the disband- ment of separate companies in Wyoming, Orleans and Madi- son counties. A separate company in Chautauqua county, the mustering out of which had been included in the orders incident to the general reorganization of the force, has been retained. On the first day of July last a camp of instruction was established near Peekskill, which was maintained until the fourth day of August. Six regiments were consecutively ordered to this camp, remaining there from five to eight days each. If, as the result of this inaugural encampment seems to indicate, the usefulness of the National Guard can be thereby promoted, with a reasonable expenditure of money, I am of the opinion that a sufficient amokunt should Public Papers of Oovebnob. Cleveland. 15 be appropriated annually to permit at least a part of the force to receive the advantages of this new feature of military instruction. With the reduction of the number of men enrolled, the efficiency and discipline of the force becomes a matter of the first importance ; and I trust that all legislation on the subject, as well as the administration of the military affairs of the State, will be in that direction. State Prisons. The earnings and expenditures of the several State prisons during the year ending September 30, 1882, are shown by the following table : AUBURN. Earnings $120,234 16 Expenses 122,926 43 Deficiency , $2,692 27 CLINTON. Earnings , 860,361 59 Expenses 99 , 606 47 Deficiency 839, 244 88 SING SING. Earnings $241,321 93 Expenses 193, 127 20 Surplus $48, 194 73 It will be seen from this statement that the total earnings of the three prisons were $6,257.58 in excess of their expenses, and that the large surplus in Sing Sing creates this balance in favor of the State, notwithstanding the deficiency in Auburn and Clinton prisons. But I deem it 16 Public Papers of Oovebnor Cleveland. proper to call attention to the fact that the number of con- victs confined at Sing Sing is considerably in excess of the number of cells provided. This necessitates the placing of two convicts in many of the cells, which must be injurious to the morals and health of the prisoners so con- fined, and dangerous to the discipline of the institution. At the same time Auburn and Clinton prisons have suffi- cient vacant cells to more than relieve, if occupied, the Sing Sing prison of its surplus of convicts beyond its natural capacity. On the thirtieth day of last September the number of convicts confined in Sing Sing prison was 1,526, while Auburn contained but 912, and Clinton 499. If these penal institutions are self-sustaining, without injury or embarrassment to honest labor, it is a matter for congratulation; but it is, at least, very questionable whether the State should go further and seek to realize a profit from its convict labor. In my judgment it should not, especially if the danger of competition between convicts and those who honestly toil, is thereby increased, and the over-crowding of any of the prisons, with its attendant evils, is the result. The asylum for insane convicts at Auburn contained, on the 30th day of September, 1882, one hundred and forty- one inmates, of which nine were women. Charitable Institutions. The following information is furnished by the State Board of Charities, who will, at an early day, present their report to the Legislature in detail. The value of the property held by the various charitable institutions on the 30th day of September, 1882, was Public Papbss of Oovernor Cleveland. 17 $41,103,809.54, of which $33,501,605.36 was real estate, and $7,602,304.18 is personal property. The receipts of all these institutions during the l^t fiscal year were $10,186,810.91, derived from the following sources : State of New York $719,302 40 Cities and counties 4,236,130 00 Paying inmates 371,017 13 Invested funds 397,074 9° Donations 1,283,876 59 Loans 3SS>043 °° Labor of inmates ... 63 , 747 05 All other sources 2,760,620 84 $10,186,810 91 The expenditures during the same period were as follows : State institutions $1,482,819 84 County and city institutions • 2,340,806 55 Incorporated benevolent institutions 5,891,439 23 ), 715, 065 62 The number of State paupers in the various institutions September 30, 1881, was 164 Committed during the year ending September 30, 1882, 1,392 1,556 During the same period the number of deaths was, 43 Discharged i , 35° 1,393 Under care October 1, 1882 163 Of the number reported as discharged, 778 were fur- nished transportation to their homes in other States and countries, or to their places of legal settlement. During the year the board has returned to various coun- tries of Europe, forty-eight lunatic, idiotic, crippled, blind 2 18 Public Papers op Governor Cleveland. and otherwise disabled alien paupers, who had been delib- erately shipped to our shores by the authorities of foreign cities and towns, or by relatives, guardians and friends, in order to shift the burden of their support to our public charities. It is to be hoped that the continued return of such unfortunates to those who should legally and natur- ally provide for them will in . time discourage such mean and disgraceful attempts to evade a plain and humane duty. The number of insane in the various institutions on the 30th day of September, 1882, was 10,443, distributed as follows : In State institutions 3 , 165 In county poor-houses and asylums i ,955 In city alms-houses and city asylums 4,739 In private asylums 503 In the Asylum for Insane Convicts at Auburn 141 ro,443 Of the insane in the State institutions, 2,022 were con- fined in the Willard and Binghamton asylums, they being entirely of the chronic class. The number of insane persons in the several institu- tions, as given above, is 384 in excess of those reported at the close of the previous year, and thus the constant increase of insanity in our State is further demonstrated. The problem of the custody, care and treatment of this pitiable class is, therefore, crowded more and more upon the attention of all thinking citizens and those who make their laws. I am satisfied that existing statutes on this subject need amendment. The results of recent investiga- tions, ordered by the Legislature, and the report of the Public Papebs of Governor Cleveland,. 19 Board of Charities, will doubtless contain valuable sugges- tions on this subject. If, as seems to be generally conceded, insanity is a dis- ease needing special and peculiar treatment, it must be that the chance of improvement in those affected by this malady would be greatly increased .if they could have the care afforded by an institution especially established for its treatment. The usefulness of such institutions depends very much on the confidence which the public have in their proper conduct, and it is abundantly demonstrated that the people are ready to believe, sometimes on very slight grounds, the gravest charges of mismanagement and inhuman treat- ment with reference to their superintendence. It is equally certain that if abuses in the care of the insane exist, there should be the least possible opportunity for their continu- ance without exposure. Frequent visitations and the most thorough examination should be made either by local boards or by properly constituted State authorities, which the people would be sure were in nowise committed, except to the faithful discharge of their duties. By this means these institutions would be protected from unjust charges and suspicion, and the confidence of our citizens in their management be secured. A dispute has arisen between the Board of Charities and the managers of some of the insane asylums in regard to their respective rights and duties, which should be settled by plain statutory provisions. Immigration. The number of immigrants landed at Castle Garden from January first, 1882, to December first, i88z, was 435,647, being an increase of 18,566 over the same period of the preceding 20 P^UBLic Papers of Governor Cleveland. year. The Commissioners of Emigration estimated that the number arriving during the month of December would make the total for the year 460,000 being the largest num- ber landed in any year since the creation of the Commis- sion in 1847. Of the appropriation of $200,000 made by the last Legis- lature for the maintenance of the Commission, $47,569.46 have been expended in protecting the immigrants while landing, directing and forwarding those who had destina- tions fixed upon, assisting such as sought employment, and caring for the sick and helpless, and $23,473.24 for special repairs to buildings. Under an act of Congress, passed in August last, the sum of fifty cents for each alien passenger intending to remain in this country is now collected by the United States Treasury Department, and credited to the Emigra- tion Commission. The sum collected for the first three full months since the law went into operation was $8,000 less than the expenditure for that period ; and since during the ensuing winter months immigration will decrease, the deficiency is likely to be increased to such an extent as to require the expenditure during the coming year of the amount now remaining to the credit of the board in the hands of the State Treasurer. Judging from the result thus far apparent, it is not likely, in the opinion of the Com- missioners, that the collections by the Federal Government will be sufficient to meet the expense of this work, and further appropriations will be necessary, unless some econo- mies can be effected in the system of the State supervision. Quarantine and Health Officer. The quarantine establishment in the port of New York has been conducted in much the. usual manner during the Public Papers of Governor Cleveland. 21 • past year, and no contagious disease has been allowed to enter the State through the channels of immigration or commerce. It appears that the amount paid from the State Treasury for the maintenance of this department * for the year ending September 30, 1882, including the salaries of three Quarantine Commissioners, was $35,500. From a report of a special committee appointed by the Senate in 1881, it appears that while the emoluments of the Health Officer of the Port of New York were very difficult of exact ascertainment, the committee came to the conclu- sion that the net income of that officer did not average less than $40,000 per annum, and might, in favorable years, reach a sum upwards of $60,000. No one can read this report without being convinced that this estimate is a very moderate one, and represents a sum of money derived from the commerce of our principal port in startling dispropor- tion to services rendered, and greater than any man ought to receive for official service. If the fees and charges are so high that the commerce of the port is injuriously affected by their collection, they should be reduced ; if they are to be continued, all but a reasonable sum for the salary of the Health Officer should be applied, if legally possible, to the support of the quarantine establishment ; and if this cannot be done, they should be so limited as to yield to the officer a fair salary only, thus relieving our commerce to that extent. And here it is deemed proper to call the attention of the Legislature to the subject of Harbor Masters. The law now in force provides for the appointment of these officers, and a Captain of the port of New York. Their duties are gen- erally to provide and assign suitable accommodations for all ships and vessels; to regulate them at the stations they 22 Public Papers of Qovebnob Cleveland. shall occupy at the wharves, and to exercise other control, of a kindred character, over shipping. As compensation for the performance of their duties, they are by the statute under which their appointment is authorized, permitted to collect certain fees to be paid by the masters, owners or consignees of vessels entering the port. In October, 1876, the Supreme Court of the United States adjudged that the provision of our statute permitting the collection of those fees, was unconstitutional and void, and yet their exaction has been continued by these officers appointed by the State, and having no other means of compensation. The money thus collected is called by the captain of the port " voluntary payments by the interest served." The great State of New York should no longer rest under the accusation that it knowingly permits officials of its own creation' to burden the commerce entering its port, by the exaction of charges which the highest tribunal in the land has determined to be illegal. It is worthy of the consideration of the Legislature whether the duties attached to these offices could not properly be performed under the auspices of the depart- ment of docks in the city of New York. If, however, it is determined that the office of harbor master is necessary, some way should be devised by which he can be legally compensated for his services. The subject of Port Wardens and the system of pilotage connected with the port of New York are also commended . to the consideration of the Legislature as matters which need further regulation by well digested laws. A reference is hardly necessary to the fact that if we are Public Papers of Govebnob Cleveland. 23 « to maintain the supremacy of our port against a constantly increasing competition, there should be no unfavorable con- trast in regard to fees and charges, which are indirectly a, tax on its commerce. » The New Capitol. The total cost of the New Capitol to date, including a balance of about $150,000 remaining to meet the expense of the work now in progress, is 114,222,993.09. The two legislative chambers and offices for the most of the State officers have been completed. The offices still to be pro- vided for in the new building are the Comptroller, State Treasurer, State Engineer and Surveyor, Superintendent of the Bank Department, Canal Appraisers, State Board of Charities, the State Library and the Court of Appeals. The $1,400,000 expended during the last year have been applied to the completion of the east front and roof ; the erection of outer walls of the west front ; the construction of a room for the Court of A.ppeals, which will be ready for use about the first day of March ; the carrying up of the main tower to the roof line of the main walls, and the completion of some of the department offices, which were unfinished at the beginning of the year. The entire outer walls are now substantially completed and the contract for, the roofing yet undone has been awarded. The Commissioners estimate that a million or a million and a quarter dollars, at most, is all that can be expended economically during the coming year. A Commission was appointed during the past year by my predecessor, pursuant to chapter 295 of the Laws of 1882, to survey and examine the different parts of the building 24 Public Papers of Oovernob Olevmland. as to the safety and durability of the work, more especially the Assembly Chamber and its ceiling. In their report, which was made in September last, they express doubt as to the stability of the vaulted ceiling of the Assembly Chamber, and recommend that most of the stone vaulting be removed, and its place supplied with a construction of wood. . This report has provoked a reply from the architects of the building, in which they insist that in its present state, and without repairs, there is nothing in the condition of the ceiling of the Assembly Chamber to warrant apprehen- sion in regard to its safety, or to prevent its immediate occupation. It must be regarded_, at least, as very unfortunate that this question should arise before the completion of this building, and notwithstanding the fact that the expense of its construction thus far has been the cause of so much complaint. If there remains a question as to its safety in any part, it should be put at rest before proceeding further. If there is no such question, the building should be finished as quickly as practicable, and the delays, errors and expense attending its construction, if possible, forgotten. Judicial Amendment. At the last election the people adopted an amendment to the Constitution, by the terms of which the Legislature has the power to organize an additional General Term of the Supreme Court, and to provide for the election by the electors of the respective judicial districts, of not more than two additional justices of that court in the first, fifth, seventh and eighth, and not more than one such justice in Public Papers of Governor Cleveland. 25 the second, third, fourth and sixth judicial districts. In the performance of the duty imposed by this amendment, extraordinary care should be exercised in order that the enormous expense which the people are already caMed upon to meet in the support of the various branches of the judiciary of the State, shall not be increased beyond the amount necessary to relieve such of the courts as are plainly overburdened. Apportionment. The last Legislature neglected its plain duty in failing to reapportion the State into congressional districts, accord- ing to the United States census of 1880, and pursuant ■ to the allotment by Congress of our quota of members of the House of Representatives. It is to be hoped that this work will be speedily undertaken. To make an apportionment of the population of the State into thirty -four districts, having due regard to geographical situation and contiguity of territory, requires but little time and no great amount of ingenuity if attempted with fair and honest intentions. Reform in Civil Service. It is submitted that the appointment of subordinates in the several State departments, and their tenure of office or employment should be based upon fitness and efficiency, and that this principle should be embodied in legislative enactment, to the end that the policy of the State may conform to the reasonable public demand on that subject. Municipal Government. The formation and administration of the government of cities are subjects of much public interest, and of great importance to many of the inhabitants of the State. The 26 Public Papers of Oovbrnob Cleveland. formation of such governments is properly matter for most careful legislation. They should be so organized as to be simple in their details and to cast upon the people affected thereby, the full responsibility of their administration. The different departments should be in such accord as in their operation to lead toward the same results. Divided counsels and divided responsibility to the people, on the part of munici- pal officers, it is believed, give rise to much that is objec- tionable in the government of cities. If, to remedy this evil, the chief executive should be made answerable to the people for the proper conduct of the city's affairs, it is quite clear that his power in the selection of those who manage its different departments should be greatly enlarged. Primary Elections. The protection of the people in their primaries will, it is hoped, be secured by the early passage of a law for thkt purpose, which will rid the present system of the evils which surround it, tending to defraud the people of rights closely connected with their privileges as citizens. Special Legislation. It is confidently expected that those who respresent the people in the present Legislature will address themselves to the enactment of such laws as are for the benefit of all the citizens of the State, to the exclusion of special legis- lation and interference with affairs which should be man- aged by the localities to which they pertain. It is not only the right of the people to administer their local government, but it should be made their duty to do so. Any departure from this doctrine is an abandonment of the principles upon which our institutions are founded. Public Papers of Governor Cleveland. 27 and a concession of the infirmity and partial failure of the theory of a representative form of government. If the aid of the Legislature is invoked to further pro- jects which should be subject to local control and manage- ment, suspicion should be at once aroused, and the inter- ference sought should be promptly and sternly refused. If local rule is in any instance bad, weak or inelRcient, those who suffer from mal-administration have the remedy within their own control. If, through their neglect or inat- tention, it falls into unworthy hands, or if bad methods and practices gain a place in its administration, it is neither harsh nor unjust to remit those who are responsible for those conditions to their self-invited fate, until their inter- est, if no better motive, prompts them to an earnest and active discharge of the duties of good citizenship. Conclusion. Let us enter upon the discharge of our duties, fully appreciating our relations to the people, and determined to serve them faithfully and well. This involves a jealous watch of the public funds, and a refusal to sanction their appropriation except for public needs. To this end all unnecessary offices should be abolished, and all employment of doubtful benefit discontinued. If to this we add the enactment of such wise and well considered laws as will meet the varied wants of our fellow citizens and increase their prosperity, we shall merit and receive the approval of those whose representatives we are, and with the consci- ousness of duty well performed, shall leave our impress for good on the legislation of the State. GROVER CLEVELAND. 28 Public Papers of Governor Cleveland. VETO, SENATE BILL, NOT PRINTED, AUTHORIZING THE COUNTY OF MONTGOMERY TO BORROW MONEY. State of New York. EXECUTIVE CHAMBER, 1 Albany, January 26, 1883. ) To the Senate : Senate bill, not printed, entitled " An act authorizing the Board of Supervisors of the County of Montgomery to borrow money on the credit of said county, and to provide for the payment thereof," is herewith returned without approval. This bill authorizes the issue of bonds by the Board of Supervisors of Montgomery county, amounting to $97,458.64, which shall bear interest at the rate of five per cent, per annum, and be made payable on the first day of March, 1884. It is claimed that by the failure of the assessors in sev- eral of the towns in the county mentioned to properly verify the assessment rolls returned to the Board of Super- visors in the year 1882, it is impossible to legally levy and collect the taxes necessary to meet the audits and appro- priations made at the last meeting of the board, and that the issue of the bonds authorized by the bill is necessary in order to provide funds to pay such audits and appro- priations. By the terms of the bill a tax is to be levied on the taxable property in the county, and collected and paid in the year 1883, for the purpose of raising money to pay the bonds and the interest thereon. This involves the levying and collection of this tax with the usual annual tax of that yeai-. By this means a double tax will be levied and collected at the same time, and an Public Papers of Governor Cleveland 29 indebtedness which should be assessed upon the property in the county at its valuation when the tax should have been levied, will be charged upon property the valuation of which may be very much changed, and which Aay be held by other parties. And it may well be, that property will be burdened to pay a share of the current expenses of the county, which were incurred before such property had any taxable existence within said county. This is manifestly unfair, and would probably give rise to legal complications. The defects in the verification of the assessment rolls which it is supposed make the passage of this bill neces- sary, are so gross and palpable in the light of the statute on the subject, that they should have been early discovered and remedied. It is not unlikely that the correction of these errors was neglected with the expectation of seeking legislative aid as the easiest way out of the difficulty. This practice should be discouraged, and mistakes of this description should be corrected if possible where they originated. In this case, if the interference "of the Legis- lature is indispensable, it should, I think, be invoked to authorize the immediate levy of a tax to raise the money required to pay this indebtedness of the county, based upon the value of property at .the time when the usual assess- ment rolls for the year 1882 should have been made. This would provide a plan less subject to legal question than that embodied in the bill under consideration, and which it is believed would be accompanied with less expense to the taxpayers than the interest on the bonds proposed to be issued. GROVER CLEVELAND. 30 Public Papers of Governor Cleveland. LETTER TO ISAAC V. BAKER, Jr., SUPERINTENDENT OF STATE PRISONS. State of New York. EXECUTIVE CHAMBER, ) Albany, February 2, 1883. ) Hon. Isaac V. Baker, Jr., Superintendent of State Prisons. Dear Sir : I deem it proper to call your attention to the provisions of section 108 of chapter 460 of the laws of 1847, which prohibits the infliction of blows upon any convict in the State Prisons, by the keepers thereof, except in self-defense or to suppress a revolt or insurrection ; and also to chapter 869 of the laws of 1869, abolishing the punishments commonly known as the shower-bath, crucifix or yoke, and buck. I suppose these latter forms of punish- ment were devised to take the place of the blows prohib- ited by the law of 1847. Both of the statutes above referred to seem to be still in force, and, in my opinion, they are in no manner affected by the Constitutional Amendment giving the Superintend- ent " the superintendence, management and control of the " prisons," nor by sections i and 5 of chapter 107 of the laws of 1877, providing that the Superintendent shall have the management and control of the prisons and of the convicts therein, and of all matters relating to the govern- ment, discipline, police, contracts and fiscal concerns thereof, and that he shall make such rules and regulations for the government and punishment of the convicts as he may deem proper. I especially desire to avoid any injurious interference with the maintenance by the prison authorities of efficient Public Papers of Oovernor Glevmland. 31 discipline ; but I insist that, in the treatment of prisoners convicted of crime, the existing statutes of the State on that subject should be observed. Yours respectfully, * GROVER CLEVELAND. VETO, ASSEMBLY BILL, NOT PRINTED, TO CHANGE TIME OF ANNUAL TOWN MEETING, TOWN Of" HECTOR, SCHUYLER COUNTY. State of New York. EXECUTIVE CHAMBER, Albany, February \ ■y 5, 1883- ) To the Assembly : Assembly bill, not printed, entitled "An act authorizing and requiring the annual town meeting for the town of Hector, in the county of Schuyler, for the year one thou- sand eight hundred and eighty-three, to be held on the first Tuesday in April next," is herewith returned without approval. This legislation seems to be prohibited by the provision of the Constitution which declares that the Legislature shall not pass a private or local bill providing for the elec- tion of members of boards of supervisors. And if it is not thus prohibited, there seems to be no sufficient reason why the town meeting referred to in the bill should be postponed. It is alleged that the prevalence of a conta- gious disease in the town mentioned renders such a post- ponement proper ; but upon inquiry I am convinced that there will be a fair expression of the choice of the electors if the town meeting is held at the usual time. GROVER CLEVELAND. 32 Public Papers of Governor Cleveland. VETO, ASSEMBLY BILL No. 4, TO AMEND CHARTER OF CITY OF ELMIRA. State of New York, EXECUTIVE CHAMBER, Albany, February 5, 1883. To the Assembly : Assembly bill No. 4, entitled "An act to amend chapter three hundred and seventy of the laws of eighteen hundred and seventy-five, entitled ' An act to amend and consolidate the several acts relating to the city of Elmira,' " is herewith returned without approval. This bill provides, among other things, that the city of Elmira shall not be liable for damages or injury sustained by any person in consequence of any street, highway, bridge, culvert, sidewalk or cross-walk in said city being out of repair, unsafe, dangerous or in any manner obstructed, unless actual notice in writing of such condition be given to the common council, the mayor or the city clerk, at least forty-eight hours previous to such damage or injury. It is also provided that all claims (which was probably intended for claimants) against the city for damages or injury alleged to have arisen from such defective, unsafe or dangerous condition, or from the negligence of the city authorities in respect to any such street, highway, bridge, culvert, sidewalk or cross-walk shall, within fifteen days after the happening of such damage or injury, notify the mayor or city attorney in writing, signed by the claimant and duly verified, describing the time, location of the place where such injury occurred, cause and extent of the dam- age or injury, and that the failure to so present such claim shall be a bar to any action or proceedings therefor against Public Papers of Governor Cleveland. 33 the city. The time for commencing an action for such damage or injury is limited to six months from the hap- pening of the same. « These provisions establish a different rule to govern the liability of the city of Elmira in cases of injury caused by negligence, than that which prevails in other parts of the State. I regard this as special legislation of the most objection- able character. Besides being wrong in principle, the practical operation of such an enactment cannot fail, it seems to me, to pro- duce injustice and jeopardize personal rights. Under the provisions of this bill the municipality is absolved from the consequences of the grossest negligence of its agents and servants resulting in the most serious injury to the citizen, unless actual notice of the negligent acts or omis- sions be given. No person would be likely to serve such notice in anticipation of being himself injured by reason of the conditions specified in the bill ; and if he did, he would by that very act furnish such proof of his knowledge of the existence of danger, and his opportunity to avoid it, as might defeat his claim for redress. And certainly a cause of action against the city for injuries sustained through negligence ought not to depend upon anything which a stranger to the controversy may have done or omitted. I am also unwilling to sanction such an invitation to relax the duty of municipal authorities to properly care for the duty of the citizen. The provisions of the bill requiring the presentation of a claim for damages within fifteen days, and the commence- ment of an action within six months after the happening of the injury, are obviously objectionable, as unnecessarily and unreasonably restricting ■ the right of the. party injured, to 3 34 Public Papers of Governor Cleveland. recover by a resort to the courts the damages which he has sustained. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 26, TO INCORPORATE THE DARWIN R. BARKER LIBRARY ASSOCIATION OF FREDONIA. State of New York. EXECUTIVE CHAMBER, ) Albany, February g, 1883. \ To the Assembly: Assembly bill No. 26, entitled " An act to incorporate the Darwin R. Barker Library Association of Fredonia, New York," is herewith returned without approval. •w We have general statutes regulating the organization of ' precisely such associations as this bill contemplates, and the creation of corporations of this description by special act, except when, in the judgment of the Legislature, its object cannot be attained under general laws, is distinctly prohibited by article eight of the Constitution. J There certainly appears to be no necessity for the passage of a special act in this particular case to effectuate all the purposes which the proposed corporation should be created to accomplish. If the special enactment is sought in order to exempt this corporation from the payment of local taxes, as is pro- vided by the eighth section of the bill, it should, in my opinion, be refused, because if not prohibited by the clause in the Constitution forbidding thfe Legislature from pass- ing a private or local bill granting to a private corporation or association any exclusive privilege or immunity, no suffi- cient reason is apparent for the exemption of the property Public Papers of Governor Cleveland. 35 of this corporation from such taxation, as is borne by others of its class. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 88, TO AUTHORIZE SUPERVISORS OF CHAUTAUQUA COUNTY TO APPROPRIATE MONEY FOR A SOLDIERS' MONU- MENT. State of New York. executive chamber. 1 Albany, February 12, 1883.) To the Assembly : Assembly bill No. 88, entitled " An act authorizing the Board of Supervisors of Chautauqua county to appropriate money for the purchase of land upon which to erect a soldiers and sailors' monument," is herewith returned with- out approval. It is not an agreeable duty to refuse to give sanction to the appropriation of money for such a worthy and patriotic object ; but I cannot forget that the money proposed to be appropriated is public money to be raised by taxation, and that all that justifies its exaction from the people, is the neces- sity of its use for purposes connected with the safety and substantial welfare of the taxpayers. The application of this principle furnishes, I think, a suffi- cient reason why this bill should not be approved. I am of the opinion, too, that the appropriation of this money by the Board of Supervisors would constitute the incurring of an indebtedness by the county to be thereafter met by taxation. If this be true, the proposed legislation is forbidden by section eleven of ' article eight of the Con- stitution, which provides that no county, city, town or village 36 Public Papers of Qoveenob Cleveland. shall be allowed to incur any indebtedness except for county, city, town or village purposes. Before this prohibition became a part of the Constitution, a statute was passed permitting monuments to be erected to fallen soldiers at the expense of the inhabitants of the county within which they were located; but the expenditure of money raised by taxation for such a purpose was only allowed when especially sanctioned by the vote of a majority of all the electors of the county. In the bill under consideration the taxpayers are not permitted to be heard on the subject. It is thus evident that the legislation proposed, guards less the rights and interests of the people than the statute passed before the Constitutional amendment prohibited all enact- ments of this description. I may perhaps be permitted to express the hope that a due regard to fundamental principles and a strict adherence to the letter and spirit of the Constitution, which furnish the limit as well as the guide to legislation, will prevent the passage of bills of this nature in the future. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 162, TO AUTHORIZE CERTAIN TOWNS IN JEFFERSON AND ST. LAW- RENCE COUNTIES TO RAISE LIENS UPON THEIR RAILROAD STOCKS. State of New York. EXECUTIVE CHAMBER, \ Albany, February 19, 1883. \ To the Assembly : Assembly bill No. 162, entitled " An act to authorize the towns of Philadelphia, Theresa and Alexandria, in Jefferson Public Papebs of Oovebnob Glbvbland. 37 county, and the towns of Hammond and Morristown, in St. Lawrence county, to raise moneys to relieve their railroad stocks from existing liens and burdens," is herewith returned without approval.. This bill has evidently been drawn with a view of avoid- ing any constitutional objection on its face ; but an explan- ation of its real purposes has led me to the conclusion that it ought not to become a law. Certain stock of the Black River and Morristown Rail- road Company is held by or on behalf of the towns named in the bill, but this stock is in no manner pledged, mort- gaged or hypothecated, and is subject to no actual lien or charge. The design is, as I am informed by the friends of the bill, to use the money which under its provisions is to be raised by tax to pay certain indebtedness of the said rail- road company, in the expectation that thereby a consolida- tion of its road with the Utica and Black River Railroad may be affected. By this means it is hoped that the stock in the Black River and Morristown Railroad Company, to which the towns mentioned have subscribed, may be made more valuable. I am of the opinion that the bill, if approved, would not justify such an expenditure of the money proposed to be raised. In this view, the legislation sought would be of no avail. If the bill does permit such an application of public funds, it seems to be in direct contravention of the Consti- tution, which provides that no town shall give any money or property, or loan its money or credit, to or in aid of any individual, association or corporation. GROVER CLEVELAND. 38 Public Papmbs of Oovbrnor Cleveland. VETO, SENATE BILL No. 113, TO AUTHORIZE THE VILLAGE OF FAYETTEVILLE TO PURCHASE A FIRE ENGINE ON CREDIT. State of New York. EXECUTIVE CHAMBER. Albany, February 21, 1883. } To the Senate : Senate bill No. 113, entitled "An act to authorize the' trustees of the village of Fayetteville to purchase a steam fire-engine and apparatus for the use of the fire department of said village, and to borrow money on the credit of said village for such purpose," is herewith returned without approval. By reference to section 21 of chapter 482 of the laws of 1875, it will be seen that the authority is vested in the boards of supervisors to authorize villages in the several counties to do precisely the things mentioned in this bill. The act referred to was passed, as its title declares, "to confer upon boards of supervisors further powers of local legislation and administration," and with the intent that the matters therein specified, being of local interest and importance, should be disposed of by an authority nearer home than the Legislature of the State. This intent accords with the letter and spirit of the Con- stitution, and with sound political principle. With a statute so plain, and containing requirements so easy of fulfilment, I can hardly understand why so many bills of the kind under consideration Should be introduced and passed. The members of the boards of supervisors should not be allowed to shift the responsibility of increasing the taxes Public Papers of Governor Cleveland. 39 of their constituents to the Legislature of the State. They should know whether unusual expenditures are necessary in their localities, and should be made answerable to their neighbors, for the economical and proper discharge of their duties as local legislators. If this were insisted upon, per- haps fewer schemes involving increased taxation would be inaugurated. In this particular case I have before me the remonstrance of many of the best citizens of the locality against the passage of this bill. GROVER CLEVELAND. VETO, SENATE BILL No. 88, TO AUTHORIZE THE VILLAGE OF MECHANICVILLE TO PURCHASE A FIRE ENGINE AND ISSUE BONDS FOR THE SAME. State of New York. EXECUTIVE CHAMBER, 1 Albany, February 21, 1883. ) Tq the Senate : Senate bill No. 88, entitled " An act to authorize the president and trustees of the village of Mechanicville to issue the bonds of said village for the purchase of a steam fire engine and hose, and to provide for the payment of such bonds," is herewith returned without approval. The objections to this bill are the same as those made to Senate bill No. 113, authorizing the village of Fayetteville to raise money for a like purpose. The Board of Supervisors of the county of Saratoga has ample power to permit the people of the village of Mechanic- ville to increase their taxation for the purposes mentioned in this bill. If they desire to do so, application should be 40 Public Papers of Governor Cleveland. made to such board, pursuant to section 26 of chapter 482 of the laws of 1875. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 58, TO REGULATE FARES ON ELEVATED RAILROADS IN NEW YORK CITY. State of New York. EXECUTIVE CHAMBER. Albany, March 2, 1883. To the Assembly : Assembly bill No. 58, entitled "An act to regulate the fare to be charged and collected by persons or corporations operating elevated railroads in the city of New York," is herewith returned without approval. This bill prohibits the collection or receipt of more than five cents fare on any elevated railroad in the city of New York, for any distance between the Battery and Harlem river, and provides that if any person or corporation oper- ating such elevated railroads shall charge, demand, collect or receive any higher rate of fare, such person or corpora- tion shall, in addition to all other penalties imposed by law, forfeit and pay to any person aggrieved fifty dollars for each offense, to be recovered by such person in any court of competent jurisdiction. The importance of this measure and the interest which it has excited, has impressed me with my responsibility, and led me to examine, with as much care as has been possible, the considerations involved. I am convinced that in all cases the share which falls upon the Executive regarding the legislation of the State should be in no manner evaded, but fairly met by the Public Papjebs of Governor Cleveland. 41 expression of his carefully guarded and unbiased judgment. In his conclusion he may err, but if he has faii-ly and honestly acted, he has performed his duty and given to the people of the State his best endeavor. ' ' The elevated railroads in the city of New York are now operated by the Manhattan Railway Company, as the lessee t of the N'ew York Elevated Railway Company and the Met- ropolitan Elevated Railway Company. Of course whatever rights the lessee companies have in relation to the running and operation of their respective roads passed to the Manhattan Company under its lease. The New York Elevated Railway Company is the successor of the West Side and Yonkers Patent Railway Company. ' The latter company was formed under and in pursuance of an act passed on the 20th day of April, 1866. The third section of that act provides that companies formed under its provisions "may fix and collect rates of fare on their respective roads, not exceeding five cents for each mile or any fraction of a mile for each passenger, and .with right to a minimum fare of ten cents." / On the 22d day of April, 1867, an act was passed in rela- tion to this corporation, which provides for the manner of constructing its road, the eighth section of which act reads as follows : "The said company shall be authorized to demand and receive from each passengef within the limits of the- city of New York rates of fare not exceeding, for any distance less than two miles, five cents ; for every mile or fractional part of a mile in addition thereto, one cent. Provided that when said railway is completed and in operation between Battery Place and the vicinity of Harlem river, the said company may, at its option, adopt a uniform rate not exceeding ten cents for all distances upon Manhattan Island., 42 Public Papers of Oovebnor Cleveland. and may also collect said last named rate for a period of five years from and after the passage of this act." It was further provided by section nine of this act that the said company should pay a sum not exceeding five per cent, of the net income of said railway from passenger traffic upon Manhattan Island, into the treasflry of the city of New York, in such manner as the Legislature might there- after direct, as a compensation for the use of the streets of the city. In 1868 a law was passed supplementary to the act last referred to, by which the said company was authorized to adopt such form of motor as certain commissioners should, after due experiment, recommend or approve. Specific provision was made in the act to carry out section 9 of the law of 1867, in relation to the payment of the five per cent, of the net income of the company into the treasury of the city. Section 3 of this act contains the following provision : " It shall be the duty of the constructing company afore- said, before opening its railway to public use, to file with the Comptroller of the city of New York, in form to be approved by the mayor of the city of New York, its bond in the penal sum of $100,000, conditioned upon the true and faithful payment of the revenue in amount and manner specified in the preceding section, and the payment thereof shall be the legal compensation in full for the use and occu- pancy of the streets by said railway as provided by law, and shall constitute an agreement in the nature of a contract between said city and Constructing Company entitling the latter or its successors to the privileges and rates of fare heretofore or herein legalized, which shall not be changed without the mutual consent of the parties thereto as afore- said ; and the mayor, on behalf of said city may, in case of default in payments as aforesaid, sue^ for and collect at Public Papers of Oovbrnob Glevelans. 43 law any arrearages in such payment, and the claims of the city therefor shall constitute a lien on the railway of said company, having priority over all others." The use of what are called dummy engines was after- wards authorized in the operation of said road by the com- missioners above referred to. The New York Elevated Railroad Company was organized under the general railroad law passed in 1850, and the laws amendatory thereof and supplementary thereto. Within a short time thereafter the last named company became the purchaser under a foreclosure, and by other transfers of the railway and all the rights, privileges, ease- ments and franchises of the West Side and Yonkers Patent Railway Company (the name of which had in the meantime been changed to the West Side Elevated Patented Railway Company of New York city). We have now reached a point where the New York Ele- vated Railway Company, one of the lessors of the Manhat- tan Railroad Company, has succeeded to all the rights and property of the West Side and Yonkers Patent Railway Company. By a law passed on the 17th day of June, 1875 (the rail- way still being unfinished), it is declared that the New York Elevated Railroad Company having acquired by purchase under mortgage foreclosure and sale and other transfer, all the rights, powers, privileges and franchises, which were conferred upon the West Side and Yonkers Patent Railway Company by the acts above referred to, is " hereby con- firmed in the possession and enjoyments of the said rights, powers, privileges and franchises as fully and a^ large as they were so granted in and by the acts aforesaid to the said West Side and Yonkers Patent Railway Company. 44 Public Papers of Oovbbnob Cleveland. The Court of Appeals, speaking of this law, uses the following language : " The effect of this act was to secure to the Elevated Railroad Company all the rights, privileges and franchises of the West Side and Yonkers Patent Railway Company under the purchase by and transfer to it." By the sixth section of this act, it is provided that the New York Elevated Railroad Company might demand and receive from each passenger on its railroad, not exceeding ten cents for any distance of five miles or less, and with the assent required by section 3 of the act of 1868, herein- before referred to, not exceeding two cents for each additional mile or fractional part thereof. / Another act was passed in 1875, commonly called the Rapid Transit Act, which provided for the appointment of (sannmssionerSjWhpr, among other thijigs, were authorized to fix ^and ^deternvia^ the time within which roads subject to the provisions of the act should be completed, together wttB.^the maximum rates to be paid for transportation and conveyance over said railways, and the hours during which special cars should be run at reduced rates of fare. Commissioners were duly appointed by the mayor of the city of New York, as provided by this act, who fixed and determined the route of the road of the New York Ele- vated Railroad Company, and prescribed with the utmost particularity the manner of its construction, and thereupon deliberately agreed with said company that it should charge as fare upon trains and cars other than what were called by the parties commission trains and cars, for all distances under five miles not to exceed ten cents, and not to exceed two cents for each mile or fraction of a mile over five miles, until the fare should amount to not exceeding fifteen Public Papers of Governor Cleveland. 45 cents for a through passenger from and between the Bat- tery and intersection of Third avenue and One Hundred and Twenty-ninth street, and from and between the Bat- tery and High Bridge not to exceed seventeen cents for a through passenger, and that for the entire distance from and between the Battery and Fifty-ninth street the fare should not exceed ten cents per passenger. It was further agreed between the said company and the commissioners that commission trains should be run during certain hours in the morning and evening for the accommo- dation of the public and the laboring classes, upon which the fare should not exceed five cents from and between the Battery and Fifty-ninth street, nor any greater sum for any distance not exceeding five miles; that it should not exceed seven cents for a through passenger from and between the Battery, or any point south thereof, and the Harlem river, and that such fare should not exceed eight cents on such commission cars and trains from and between the Battery and High Bridge. And it was further agreed by said company that when the net income of the road, after all expenditures, taxes and charges are paid, should amount to a sum sufficient to pay exceeding ten per cent, per annum on t'he 'capital stock of the company, that in such case and within six months thereafter, and so long as said net earnings amount to a sum sufficient to pay more than ten per cent, as aforesaid, the said company would run commission trains on its road at all hours during which it^ should be operated, at the rates of fare last mentioned. Having thus completed an agreement with this company, the commissioners transmitted the same to the mayor of the city of New York, accompanied by a very congratulatory 46 Public Papers of Oovebnob Glevjsland. report of their proceedings, whereupon the mayor submitted the same to the Board of Aldermen, by whom it was approved. This was in the latter part of 1875. Since that time the New York Elevated Railroad Com- pany, upon the faith of the laws which have been recited, and its proceedings with the commissioners, at a very large expense, has completed its road from the Battery to Harlem river, a distance of about ten miles. \ The bill before me provides that notwithstanding all the statutes that have been passed and all that has been done thereunder, passengers shall be carried the whole length of this road for five cents, a sum much less than is provided for in any of such statutes or stipulated in the proceedings of the commissioners. I am of the opinion that in the legislation and proceed- ings which I have detailed, and in the fact that pursuant thereto the road of the company was constructed and fin- ished, there exists a contract in favor of this company, which is protected by that clause of the Constitution of the United States which prohibits the passage of a law by any State impairing the obligation of contracts. But let it be supposed that this is not so, and that neither of these lessor companies are in any way protected from interference with their rates of fare, but that, on the con- trary, they are subject to all the provisions of the general ailroad act,_ jander which they are both organized, icction thirty-three of that act reads as follows : " The Legislature may, when any such railroad shall be opened for use, from time to time alter or reduce the rate of freight, fare or other profits upon said road ; but the same shall not, without the consent of the company, be so reduced as to produce with said profits less than ten per centum per annum on the capital actually expended ; nor Public Papers of Governor Cleveland. 47 unless on an examination of the amount received or expended, to be made by the State Engineer and Surveyor and the Comptroller, they shall ascertain that the net income derived by the company from all sources, for the year then l^st past shall have exceeded an annual income of ten per cent, upon the capital of the corporation actually expended." Even if the State has the power to reduce the fare on these roads, it has promised not to do so except under cer- tain circumstances and after a certain examination. I am not satisfied that these circumstances exist, and it is conceded that no such examination has been made. The constitutional objections which I have suggested to the bill under consideration are not, I think, removed by the claim that the proposed legislation is in the nature of an alteration of the charters of these companies, and that this is permitted by the State Constitution and by the pro- visions of some of the laws to which I have referred, i I suppose that while the charters of corporations may be altered or repealed, it jnust be done in subordination to the Constitution of the United States, which is the supreme law of the land. This leads to the conclusion that the alteration of a charter cannot be made the pretext for the passage of a law which impairs the obligation of a contract. If I am mistaken in supposing that there are legal objec- tions to this bill, there is another consideration which fur- nishes to my mind a sufficient reason why I should not give it my approval. It seems to me that to arbitrarily reduce these fares, at this time and under existing circumstances, involves a breach of faith on the part of the State, and a betrayal of confi- dence which the State has invited. The fact is notorious that for many years rapid transit was the great need of the inhabitants of the city of New 48 Public Papebs.of Governor Cleveland. York, and was of direct impo»tance to the citizens of the State. Projects which promised to answer the people's wants in this direction failed and were abandoned. The Legisla- ture appreciating the situation, willingly passed statute after statute calculated to aid and encourage a solution of the problem. Capital was timid, and hesitated to enter a new field full of risks and dangers. By the promise of liberal fares, as will be seen in all the acts passed on the subject, and through other concessions gladly made, capitalists were induced to invest their money in the enterprise, and rapid transit but lately became an accomplished fact. But much of the risk, expense and burden attending the maintenance of these roads are yet unknown and threatening. In the tneantime, the people of the city of New York are receiving the full benefit of their construction, a great enhancement of the value of the taxable property of the city has resulted, and in addition to taxes, more than $120,000, being five per cent, in increase, pursuant to the lavj of 1868, has been paid by the companies into the city treasury, on the faith that !iie rate of fare agreed upon was secured to them. I am ot aware that the corporations have, by any default, for- jited any of their rights ; and if they have, the remedy is t hand under existing laws. Their stock and their bonds are held by a large number of citizens, and the income of these roads depends entirely upon fares received from pas- sengers. The reduction proposed is a large one, and it is claimed will permit no dividends to investors. This may not be true, but we should be satisfied it is not, before the proposed law takes effect. ) I It is manifestly important that invested capital should be ■;l protected, and that its necessity and usefulness in the devel- Uopment of enterprises valuable to the people should be Public Papers of Governor Cleveland. 49 recognized by conservative conduct on the part of the State government. But we have especially in our keeping the honor and good faith of a great State, and we should see to it that no suspicion attaches, through any act of ours, to the fair fame of the commonwealth. The State should not only be strictly just, but scrupulously fair, and in its relations to the citizen every legal and moral obligation should be recog- nized. This can only be done by legislating without vindic- tiveness or prejudice, and with a firm determination to deal justly and fairly with those from whom we exact obedience. I am not unmindful of the fact that this bill originated in response to the demand of a large portion of the people of New York for cheaper rates of fare between their places of employment and their homes, and I realize fully the desirability of securing to them all the privileges possible, bu> the experience of other States teaches that we must Keep within the limits of law and good faith, lest in the end we bring upon the very people whom we seek to benefit .and protect, a hardship which must surely follow when these limits are ignored. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 94, TO AUTHORIZE THE STATE BOARD OF AUDIT TO HEAR THE CLAIM OF EDWARD M. MOORE. State of New York. EXECUTIVE CHAMBER, Albany, March 2, 2, 1883.) To the Assembly i Assembly bill No. 94, entitled "An act to authorize the State Board of Audit to hear and determine the 4 50 Public Papdrs of Governor Cleveland. claim of Edward M. Moore," is herewith returned without approval. I am unable to see what good purpose this bill answers. The law by which the Board of Audit is created provides that it shall be the duty of said board and it shall have power to hear all private claims and accounts against the State, with certain exceptions, and " to determine on the justice and amount thereof, and to allow such sums as it shall consider should equitably be paid by the State to the claimants." The bill under consideration authorizes Edward M. Moore to present a claim to the board, which is a right he now has. It further provides that " the State Board of Audit is hereby authorized to hear and audit said claim, and to award such compensation for said services as shall appear to be just and reasonable." If this means that the Board of Audit shall merely fix the amount of compensation, the Legislature has, by this law, audited and allowed this claim to the extent of deter- mining that something is due to the claimant ; but the Legislature, is prohibited from auditing or allowing any private claim or account against the State, by the Consti- tution. If this is not the effect of the bill, I cannot see how the claimant's standing in the Board of Audit will be improved by its provisions. GROVER CLEVELAND. Public Papers of Governor Cleveland. 51 VETO, ASSEMBLY BILL No. 295, TO AUTHORIZE THE COUNTY OF SCHUYLER TO BORROW MONEY. « I State of New York. EXECUTIVE CHAMBER, | Albany, March 13, 1883. ) To the Assembly : Assembly bill No. 295, entitled " An act to authorize the Board of Supervisors of the county of Schuyler to borrow money," is herewith returned without approval. Chapter 482 of the laws of 1875 confers upon the sev- eral Boards of Supervisors th^ power and authority to purchase real estate and to erect thereon county buildings, and to borrow money on the county bonds, or other county obligations, for those purposes. It is proposed, under this bill, to borrow money at a low rate of interest, and issue the obligations of the county for the same, and, with the money thus borrowed, to pay and retire a loan heretofore made by the State to the county for the erection Of county buildings. This amounts to merely changing the creditor and keep- ing the original loan on foot at a lower rate of interest. Any obligations of the county given on the substituted loan, will, I think, be given for the erection of county buildings as authorized by the statute above referred to, and may be issued by the Board of Supervisors without further legisla- tive aid. If there is any doubt on this subject, it might be well to proceed under the statutes passed in 1868, which especially provide for the issuing of new bonds to take the place of those outstanding, when by so doing a lower rate of inter- est is paid. GROVER CLEVELAND. 52 Public Papers of Governor Cleveland. VETO, ASSEMBLY BILL No. 135, TO AMEND CHAR- TER OF THE VILLAGE OF OSWEGO FALLS. State of New York. EXECUTIVE CHAMBER, )- Albany, March 16, 1883. ) To the Assembly : Assembly bill No. 135, entitled " An act to amend chap- ter two hundred and thirteen of the Laws of eighteen hun- dred and sixty-six, entitled ' An act to incorporate the village of Oswego Falls,' and the several acts amendatory thereof," is herewith returned without approval. This bill does not appear to have been drawn with the care which is necessary to make its provisions plain, simple and certain of execution. Among other things, it serves to make the expense of repairs of sidewalks, the removal of snow and ice, and the abatement of nuisances, charges against the village, and also provides that such expense shall be collected from the par- ties owning or occupying the premises in front of or adjoin- ing which the work is done. The bill further amends the charter of the village by adding thereto a new section, which shall be known and designated as number forty-nine. The charter now has a section numbered forty-nine, which contains important provisions, and which by the bill under consideration is not and ought not to be abrogated. I am also informed that the authorities of the village who at first appeared anxious for the passage of the bill, have changed their minds since its introduction, and are now quite willing that it should not become a law. GROVER CLEVELAND. Public Papers of Governor Cleveland. 53 VETO, ASSEMBLY BILL No. 142, RELATING TO REPRESENTATION IN THE BOARD OF SUPER- VISORS OF FULTON COUNTY. » State of New 'York. EXECUTIVE CHAMBER, 1 Albany, M&rch i6, 1883. J To the Assembly : Assembly bill No. 142, entitled "An act to amend an act . entitled 'An act to equalize the representation in the board of supervisors of Fulton county,' passed March 13, 1873," is herewith returned without approval. The original act, which is amended 6y this bill, provides that in addition to the supervisor by law elected in each of the towns in the county of Fulton, there shall be elected an additional supervisor for each two thousand and five hun- dred inhabitants that such town may contain, in excess of three thousand. Since the passage of that law, an amend- ment to the Constitution has prohibited the Legislature fropi passing a private or local bill providing for election of members of boards of supervisors. The bill now presented to me amends the law of 1873 in such manner as to provide that there shall be an additional supervisor elected in the towns named for every twenty-five hundred inhabitants, and one for each fractional part thereof, which shall not be less than twelve hundred and fifty. 1 By the general law each town is entitled to elect one Isupervisor. Under the proposed bill, if the town contains /twenty-five hundred inhabitants, two may be elected, and [Still another if it contains twelve hundred and fifty inhabit- lants in addition. It is apparent at a glance that the pro- visions of this bill are unnecessary and mischievous, beside 54 Public Papers of Oovbbnob Cleveland. being directly in violation of the provision of the. Constitu- tion above referred to. And yet the bill has been printed, and has presumably occu- pied some of the time of committees and of the Legislature. It is quite certain that the time and attention which have been devoted to the passage of this bill might well have been bestowed upon measures more important and valuable. GROVER CLEVELAND. VETO, SENATE BILL, NOT PRINTED, TO AMEND THE ACT FOR THE IMPROVEMENT OF JACKSON AVENUE, LONG ISLAND CITY. State of New York. EXECUTIVE CHAMBER, 1 Albany, March 19, 1883. ) To the Senate : Senate bill, not printed, entitled " An act to amend chap, ter five hundred and ninety-three of the laws of eighteen hundred and eighty, entitled ' An act to improve Jackson avenue, in Long Island City,' " is herewith returned without approval. The law which it is proposed to amend by this bill appoints three commissioners to macadamize a part of Jack- son avenue, in Long Island City, and to make and repair contracts as the same may be necessary, at a total expense not exceeding eighteen thousand dollars. The amendments consist in the alteration of every section of the original act, the addition of two more sections, an entire change in the character and amount of the work to be done, and an increase in the expense allowed for the same to the sum of fifty thousand dollarl. Public Papers of Oovernor Cleveland. 55 The bill before me expressly ignores the local authorities of the city within which the work is to be done, and in effect transfers their powers in such cases, as contained in the charter, to the commissioners named in the bill. The charter of the city provides that work of this descrip- tion can only be done by the common council when a petition is signed therefor by the owners of a majority in lineal feet of the land fronting on the street within which the improvement is proposed. This provision, perhaps, furnishes the explanation for the effort made to procure legislation in aid of this project, instead of leaving its expediency to be determined by the .people directly concerned, and who are to be taxed to pay for the work. I have before me a remonstrance signed by many of tTie owners of lots fronting on Jackson avenue, protesting against the bill. This, and the consideration that it is directly opposed to my ideas of home rule, constrain me to withhold my approval from the proposed legislation. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 393, TO INCREASE THE NUMBER OF NOTARIES PUBLIC. State of New York. executive chamber, Albany, March 23, 1883. To the Assembly : Assembly bill No. 393, entitled "An act increasing the number of notaries public in the counties of the State," is herewith returned without approval. The number of these officers' has from time to time been 56 Public Papers of Oovernob Cleveland. increased until there are now in the State, exclusive of those which have been appointed on the application of banks, 12,524 persons holding commissions as notaries pub- lic. These, with the commissioners of deeds appointed in the several cities, and the other officers authorized by law to perform substantially the same duties, are undoubtedly more than sufficient, if properly selected and located, to answer all the needs of the public. Officers who may administer oaths are too numerous, and oaths themselves are too lightly regarded. Applicants for the office of notary public often seek the appointment merely to hold an office which they suppose they may have for the asking, and they frequently have' neither the intelligence nor character to make them useful in the performance of their duties. Cases have lately occurred in the courts where guilty parties have escaped the penalty of perjury because a notary could not testify to the administration of a legal oath ; and fraiidulent trans- fers of property are aided by the ignorance or venality of these officers. The Executive Department is overrun with the business incident to the appointment of notaries public and issuing their commissions ; they are often recommended by mem- bers of the Legislature on purely personal or partisan grounds, and usually the Governor must be personally ignorant of their character or qualifications. I should be glad to approve a bill reducing the number of these officers, and providing for their appointment by some local authority. GROVER CLEVELAND. Public Papers of Governor Cleveland. 57 VETO, SENATE BILL No. 134, TO AMEND THE ACT AUTHORIZING GAS-LIGHT COMPANIES TO USE ELECTRICITY. « State of New York. EXECUTIVE CHAMBER, \ Albany, April 2, 1883. \ To the Senate : Senate bill- No. 134, entitled "An act to amend chapter 512 of the laws of 1879, entitled 'An act to authorize gas- light companies to use electricity instead of gas for the lighting of streets, public places and public and private bu;ldings in cities, villages and towns within this State,' as amended by chapter 73 of the laws of 1882," is herewith returned without approval. The amendment first proposed by this bill, provides that corporations formed for the purpose of manufacturing and using electricity for producing light, heat or power, shall not be confined in their operations to the county in which their certificate shall be filed. It is evident that this contemplates the manufacture or generation of electricity, not only for lighting purposes, but for heat or power, and the transmission of the same by means of conductors to distant points. This bill further authorizes said corporations to lay, erect and construct the necessary conductors and fixtures for transmitting and supplying electricity, over or under any public road, street or highway, or waters of the State, with the consent of certain local authorities. It also provides for the laying and cpnstruction of such conductors and fixtures, by such corporations, under or over private lands, subject to the rights of the owner to full compensation, which, if 58 Public Papers of Governor Cleveland. it cannot be agreed upon by the owner and said corpora- tion, shall be fixed by commissioners to be 'appointed by the County Court. The transmission of electricity by means of wires stretched upon poles, has up to this time been confined to telegraphic and lighting purposes. And this has been regarded as dan- gerous and objectionable, at least, so far as these wires and poles run within the cities of the State. On the 23d day of March, 1882, the Senate passed a reso- lution authorizing its committee on cities to' investigate whether or not the laying of telegraph and electric light wires under ground was practicable. The committee, after taking evidence on the subject, sub- mitted a report, in which they speak of the wires and poles used by telegraph and electric light companies, in the fol- lowing terms : "Your committee believe that the testimony submitted herewith, conclusively shows that the time has arrived when it is the plain duty of the Legislature to arrest the growth and secure the removal from our streets of these structures, which, without exaggeration, may be termed public and pri- vate nuisances.'' A bill is now pending in the Legislature based upon this report, providing that all telegraphic, telephonic and electric light wires and cables in incorporated cities having a popu- lation of five hundred thousand or upwards, shall, after the passage of this bill, be laid under the surface of the streets, and for the removal of existing wires and the poles sus- taining the same. The report and the bill above referred to, contemplate only the ordinary wires and poles used for telegraphic, telephonic and electric light purposes. »^ut the bill under consideration permits not only such Public Papers of Governor Cleveland. 59 wires to be placed above the surface and in the streets, but also conductors and fixtures for transmitting such currents of electricity as may be necessary- to produce heat or power. We have no hint in the bill what these conductor* and fixtures may be, but it is entirely evident that they cannot be less dangerous and objectionable than the wires and poles now in use and characterized by the Senate commit- tee as nuisances. (-' I am convinced that the safety and convenience of the people demand that the conductors and fixtures of the cor- porations mentioned in this bill should not be permitted upon or over the public streets. Another fatal objection to this bill is found in the pro- vision allowing the corporations therein named to enter upon private property, and erect and maintain their structures thereon, without the consent of the owner. It seems to me that this is taking private property, or an easement therein, with very little pretext that it is for a public use. If a private corporation can, under authority of law, con- struct its appliances and structures upon the lands of the citizen without his consent, not only for the purpose of furnishing light, but in an experimental attempt to trans- mit heat and power, the rights of the people may well be regarded as in danger from an undue license to corporate aggrandizement, k GROVER CLEVELAND. 60 Public Papmrs of Oovernor Cleveland. VETO, ASSEMBLY BILL, NOT PRINTED, TO EXTEND THE TIME FOR COLLECTION OF TAXES IN RICH- MOND COUNTY. State of New York. EXECUTIVE CHAMBER, Albany, April 2, 1883. To the Assembly : Assembly bill, not printed, entitled "An act to authorize the extension of the time for the collection of taxes in the county of Richmond," is herewith returned without approval. This bill is rendered unnecessary by chapter 147 of the laws of 1883, which provides for an extension of time for the collection of taxes in any of the towns of the State. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 291, RELATING TO HOSPITAL AND OTHER ELEEMOSYNARY FUNDS. State of New York. EXECUTIVE CHAMBER, Albany, April ?R, 1 '/•/ 5, 1883. \ To the Assembly: Assembly bill No. 291, entitled "An act for the benefit of hospital and other eleemosynary funds," is herewith returned without approval. For about fifty years the law of the State has limited and restricted the purposes for which trusts might be created, the time for which property might be withdrawn from alienation, and the accumulation of property held in trust. Time has, I think, vindicated the wisdom of such Public Papers of Oovebnob Cleveland. 61 statutory limitations, and it is agreed that they are entirely in accord with the theory of our institutions. This bill makes radical changes in the law, and permits trusts to be created for charitable, educational, eleemosynary, benevolent and humane objects, which depend entirely upon the terms of the instruments creating such trusts, without regard to the salutary restraints of existing laws. It seems to me that in the cases to which the bill applies the indefinite suspension of the power of alienation is allowed, and the accumulation of the increase of trust funds and property permitted to an extent which has in the past been regarded as mischievous. No sufficient reason has been presented why we should abandon the settled and approved policy of the State on this subject. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 401, RELATING TO SALE OF BURIAL GROUND IN THE TOWN OF PERRY, WYOMING COUNTY. \ ■tie, 1883. ) State of New York. EXECUTIVE CHAMBER, Albany, April 1 To the Assembly : ^ Assembly bill No. 401, entitled "An act to authorize the supervisor of the town of Perry, in Wyoming county, to purchase lots of the trustees of Hope Cemetery, and to remove to and reinter therein the bodies now remain- ing in the old burial ground in the village of Perry, to sell said old burial ground, and to defray the expenses of 62 Public Papebs of Govbbnob Cleveland. removing the bodies therefrom and re-intering the same in new grounds," is herewith returned without approval. The old burial ground from which the bodies are author- ized to be removed by the provisions of this act, I am informed, has been conveyed to the trustees of the village of Perry "to be used only as a burial place for the dead." The trustees thus owning or having the legal supervision of this cemetery lot, all that could, be done under the bill can be done under and in pursuance of sections 23 and 24 of chapter 482 of the laws of 1875, if the permission so to do is granted by the board of supervisors, as provided in said sections. The parties interested in the passage of this bill should apply to the board of supervisors of the county of Wyom- ing for the relief sought. That body has full power in the premises, and can better judge of the merits of the application than the Legislature. GROVER CLEVELAND. VETO, SENATE BILL, NOT PRINTED, TO EXTEND TIME FOR PAYMENT OF CAPITAL STOCK OF THE UTICA ICE COMPANY, LIMITED. State of New York. EXECUTIVE mtAMBER, \ 0^^ Albany, April 6, 1883. ) To the Senate : Senate bill, not printed, entitled "An act to extend the time for the full payment of the capital stock of the Utica Ice Company, limited," is herewith returned without approval. By the petition asking for the passage of this bill, it appears that the Utica Ice Company, limited, was incorpo- Public Papers of Oovebnob Cleveland. 63 rated on the 7th day of April, 1881, under chapter 611 of the laws of 1875, with a capital stock of $20,000. By the pro- visions of that act, one-half of said stock is to be paid in one year from the time of the incorporation of said com- pany, and the other half within two years from that date, or the corporation shall be dissolved. It further appears that the company is unembarrassed and doing a prosperous business. Our laws in relation to the formation of corporations are extremely liberal, a,nd those who avail themselves of their provisions should be held to a strict compliance with their requirements. There is manifestly no propriety in the pas- sage of a special act to relieve a private corporation and its stockholders, as proposed in this bill. If the capital already paid in is sufficient for its purpose, it may, I think, reduce its stock under section 15 of the act. In any event, the failure to pay in the stock within the time limited, only subjects the company to be proceeded against and dissolved after a judgment obtained against it, and renders the stock- holders, until such payment, liable for all the debts of the corporation. This company, and its stockholders, have assumed for their own benefit certaip relations to the State, to the pub- lic and to their creditors ; and these relations should not be disturbed. If corporations are to be relieved from their defaults for the asking, their liability to the people with whom they deal will soon become dangerously uncertain and indefinite. GROVER CLEVELAND. 64 Public Papers of Governor Cleveland. VETO, ASSEMBLY BILL No. 253, TO AMEND THE CHARTER OF CITY OF BUFFALO. State of New York. EXECUTIVE CHAMBER, Albany, April ^, 1883. To the Assembly : Assembly bill No. 253, entitled "An act to amend chap- tei- five hundred and nineteen of the laws of eighteen hun- dred and seventy, entitled 'An act to amend the charter of the city of Buffalo,' passed April twenty-eighth, eighteen hundred and seventy, is herewith returned without approval. The object of this bill is to entirely reorganize the fire department of the city of Buffalo. The. present department was established in 1880, under chapter 271 of the laws of that year, and its management and control are vested in three commissioners, who, pur- suant to said law, were appointed by the mayor of the city. The gentlemen thus appointed are citizens of unques- tioned probity, intelligence and executive ability, and enjoy and deserve the respect and confidence of all their fellow- townsmen. Having very recently had official relations with this department, I cannot but testify to its efficiency and good management, and the economy with which its affairs are conducted. And yet, before it has been three years in opera- tion, it is proposed, by the bill under consideration, to uproot and sweep away the present administration of this important department, and venture upon another experiment. This new scheme provides for the appointment, by the mayor, on the first Monday in May, 1883, of a chief of the fire department, one assistant chief and two district Public Papers of Governor Cleveland. 65 chiefs ; the city is divided into two fire districts, and it is made the duty of the district chiefs to take the charge and management of all fires in their respective districts until the arrival of the chief or assistant chiefs. I can see no reason for dividing, by law, the city into fire districts, unless it be to make new places to be filled by the city executive. The provision that the district chief shall have charge and management of a fire in his district, until the arrival of his superior, gives excuse for the chief of another dis- trict, though first on the ground, to refrain from interference. A fire department should be organized with a view to prompt and effective action upon a sudden emergency. Every member of the department should be, at all times, ready for service, and there should be no mischief invitfed, by rules too inflexible, as to who should have charge and management in time of danger to life and property. Although the mayor of the city, under the provisions of the bill, has the absolute power of appointment to these offices, he may, in case of vacancy by death, resignation, removal or otherwise, make special appointments, until per- manent appointments are made. This was evidently copied from the charter of 1870, which allowed the mayor to appoint fire superintendents, by and with the advice and consent of the common council. It was intended to permit the filling of a vacancy by the mayor during the time which should elapse before a successor could be confirmed by, the council. But in a case where no confirmation is necessary, such a provision is needless, incongruous and mis- chievous. The mayor should be as well prepared to make a permanent appointment under this bill, in case of a vacancy, as a temporary one. This provision would seem to give him the power by calling an appointment a temporary 5 66 Public Papers of Governor Cleveland. one, to retain the appointee as long as he sees fit, and, under the pretext of a permanent appointment, displace him by another without charges or an opportunity to be heard. By section six of the bill an appeal is permitted from the decision of the mayor upon the trial of any of these officers, to the Supreme Court of Buffalo. There is no such court in existence. But waiving further criticism of details, my attention is directed to section twenty of the bill, which, to the pro- moters of this measure, is undoubtedly its most important feature. It provides that immediately upon the appoint- ment and qualification of the chief, the terms of the present commissioners shall cease and determine, and that the terms of office of all the other officers, firemen and employes shall also cease and determine, ten days thereafter. Great care is exercised to provide that the chiefs and all the fire- men and employes appointed under the new scheme shall be discharged only for cause, and after due hearing and an opportunity for defense ; but to those now in the service, numbering about two hundred drilled and experienced menJ no such privileges are accorded. The purpose of the bill is too apparent to be mistaken. A tried, economical and efficient administration of an important department in a large city is to be destroyed, upon partisan grounds or to satisfy personal animosities, in order that the places and patronage attached thereto may be used for party advancement. I believe in an open and sturdy partisanship, which secures the legitimate advantages of party supremacy ; but parties were made for the people, and I am unwilling, knowingly, to give my assent to measures purely partisan, which will sacrifice or endanger their interests. OROVER CLEVELAND. Public Papers of Oovmrnor Cleveland. 67 VETO, ASSEMBLY BILL No. 621, FOR AN ADDI- TIONAL PUBLIC BATH IN NEW YORK CITY. » State of New York. EXECUTIVE CHAMBER. \ Albany, April 12, 1883. ) To the Assembly : Assembly bill No. 621, entitled "An act to provide for the construction and maintenance of an additional public bath in the city of New York," is herewith returned with- out approval. ■ I ani informed by the mayor of the city of New York that this bill has been considered by the heads of the departments of the city government, and by them declared to be objectionable, for the reason that the legislation pro- posed deprives the city authorities of all voice concerning the necessity, location or expense of the bath. If it does not now exist, authority should be conferred upon the local authorities of New York to enable the con- struction of public baths at the city's expense, whenever and wherever in their judgment the public good' of the city requires. GROVER CLEVELAND. 1 6, 1883. S 68 Public Papers of Governor Cleveland. VETO, ASSEMBLY BILL No. 196, TO AUTHORIZE THE COMPTROLLER TO COMPROMISE CLAIMS AGAINST SURETIES OF FIRST NATIONAL BANK OF BUFFALO. State of New York. EXECUTIVE CHAMBER, Albany, April To ihe Assembly : Assembly bill No. 196, entitled "An act to authorize the Comptroller to compromise and settle claims against the sureties of the First National Bank of Buffalo," is herewith returned without approval. The title of this bill defines it to be an act to authorize the Comptroller to settle certain claims. But the Comp- troller is not mentioned in the bill itself, and the authority to settle and compromise the claims mentioned is conferred upon the State Treasurer, with the approval of the Attorney- General. While this latter and complete inconsistency between the title of the bill and its enactments renders its disapproval necessary, I deem it not improper to add that in my opin- ion its purpose was objectionable. The persons who seek to be relieved under this bill signed a bond to the State for the safe keeping and repay- ment on demand of certain moneys deposited in behalf of the State in the First National Bank of Buffalo. The bank has failed and is unable to refund the State's deposits. The securities in the bond have thus become liable to pay the money, and I can see no reason why they should be reli'eyed. I am willing to do what I can to check the growing impression that contracts with the State will not be insisted Public Papers of Oovebnob Cleveland. 69 upon or may be evaded. The money deposited with the bank was public money belonging to the people,, and I regard it the duty of all having the care of State aff^rs to see to it that no part is lost by an improper indulgence to those who have agreed that it should be safely kept. GROVER CLEVELAND. MEMORANDUM OF OBJECTION FILED WITH APPROPRIATION BILL,— ITEM, FOR ESTAB- LISHING BULKHEAD LINES. State of New York. EXECUTIVE CHAMBER, Albany, April \ER, I ■il 1 6, 1883. \ To the Assembly . A copy of a statement of objection to an item contained in Assembly bill No. 165, entitled "An act making appro- priation for the support of government," is herewith respect- fully transmitted, the statement having been appended to the bill at the time of its approval, pursuant to the provi- sions of the ninth section of article four of the Constitution. GROVER CLEVELAND. State of New York. executive chamber, \ Albany, April 16, 1883. ) The item of appropriation for the State survey contained in Assembly bill No. 165, entitled "An act making appro- priation for the support of government," which reads as follows : " And for establishing reference points by which to locate 70 Public Papebs of Governor Cleveland. bulkhead lines and grants of lands under water, one thou- sand three hundred dollars," is objected to and not approved. I am not aware of any necessity for the work here pro- posed, but if it is necessary, manifestly the duty is one which properly belongs to the State Engineer and Surveyor. My convictions against inaugurating a work of this char- acter, and in this way, are strengthened by the experience of the State in the matters of the State survey and the Adirondack survey. The State survey was established by an item in the appro- priation bill of 1876, which appropriated $20,000 "for making an accurate trigonometric and topographical survey of the State for the determination of State and county lines," and to locate at least one point in each county for the guidance of local surveyors. If the originators of this survey had in contemplation such an expensive and elaborate scheme as has been developed from the authority thus given, it is evi- dent from the original law here referred to that such was not the intention of the Legislature. This seems to be con- firmed by the fact that the succeeding Legislature, of which the same Senate was a part, made no provision for con- tinuing the survey, and the following year an appropriation for that purpose was only made upon considerations which appear in the following memorandum filed by Governor Robinson, with his approval of the measure : "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 PvBLiG Papers of Governor Gleveland. 71 points which may hereafter be used by any counties, towns or individuals 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 unobjectionable plan." That the promoters of this scheme have disappointed the expectations of my predecessor is shown by the fact that since it was made $76,700 have been appropriated, and the item of this year carries it to $92,500, making an aggre- gate cost of $118,300, while in half the counties of the State nothing has been done. I have approved the appro- priation of $15,800 in the bill under consideration with great reluctance, and only for the purpose of providing means to enable the accurate fixing, as was originally pro- posed, of some point or line in each county for the guid- ance of local surveyors. With this sum and the remainder of last year's appropriation remaining unexpended, I shall insist that this work shall be fully completed. The appropriation of $2,500 to complete the Adirondack survey is approved, since by law that work must terminate .during the next fiscal year. It originated in much the same way as the State survey, and has cost, exclusive of the amount paid for printing the reports, $77,275. It is for the people to judge whether any public good has been served by this expenditure. The cost of printing the reports .of these surveys has been scandalously large, and I am constrained to here express my regrets that the Legislature has, at its present session, ordered, by resolution with which I have not the power to interfere, a reprint of certain of these books at an expense of at least $15,000. t The aggregate cost of these two surveys to date, includ- ing printing, exceeds a quarter of a million of dollars, a 72 Public Papers of Qoveenob Cleveland. sum to my mind wholly disproportionate to the value of the practical results obtained, and I cannot believe that they would have been ordered if the Legislatures which originated them had understood that they were to be developed into regular departments of the State govern- ment, calling for a large annual outlay of the public funds for support. In the light of such experience, I am unwilling to give my assent to an appropriation which has the appearance of being the initiative of a similar scheme of indefinite duration and unknown expense. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 158, TO INCORPORATE THE OATKA HOSE COMPANY AT LE ROY. State of New York. EXECUTIVE CHAMBER, \ Albany, April 20, 1883. ) To the Assembly : Assembly bill No. 158, entitled "An act to incorporate the Oatka Hose Company of Le Roy, New York," is here- with returned without approval. By chapter 397 of the laws of 1873, ample provision is made for the creation of corporations such as is proposed in the bill. I can see no reason for a special enactment in this case, unless the purpose is to make this hose com- pany independent of the village authorities where it is to be located. This, of course, should not be permitted. GROVER CLEVELAND. Public Papmss of Governor Clbvmland. 73 VETO, ASSEMBLY BILL No. 243, TO AUTHORIZE THE COMPTROLLER TO SELL A JUDGMENT OBTAINED BY LOAN COMMISSIONERS. State of New York. riVE CI Albany, April 2 EXECUTIVE CHAMBER, | o, l883.'i To the Assembly : Assembly bill No. 243, entitled "An act to authorize the Comptroller to sell a judgment obtained by the loan com- missioners of Delaware county, against David Horton," is herewith returned without approval. This bill originates in the desire of a certain judgment creditor of, David Horton, to procure the judgment owned by the State, to aid him in the collection of his debt. If the judgment is of value, there seems to be no good reason why it should not be enforced for the benefit of the State, in' the ordinary way. I have full faith in the care and caution of the Comp- troller ; but there is no guaranty that if this bill becomes a law, a sum will be offered for which the judgment should be transferred, in which case its enactment will be useless. If it is thought best to dispose of this judgment, there should be a sum fixed in the bill based upon an offer made, upon the payment of which an assignment of the same should be directed. GROVER CLEVELAND. 23, i883. j 74 Public Papers of Oovbbnor Cleveland. VETO, ASSEMBLY BILL No. 720, TO SELL AND DIVIDE CHURCH PROPERTY IN THE TOWN OF KENDALL. State of New York. EXECUTIVE CHAMBER, Albany, April 21 To the Assembly : Assembly bill No. 720, entitled "An act to sell and divide the property of the First Congregational and First Baptist society of the town of Kendall, in the county of Orleans," is herewith returned without approval. The church property mentioned in this bill has not been used by the church society to which it belongs for a num- ber of years, and the said society has, I am informed, ceased to act in its corporate capacity; but it is repre- sented that there is at least one of its trustees living in the county of Orleans. This seems to be precisely one of the cases contemplated by chapter 424 of the laws of 1872, which provides for the sale and disposition of church property when any religious society, incorporated by law, shall cease to act in its corporate capacity. Under that statute the facts are presented to the Supreme Court, which, if it shall deem proper, may order a dissolution of such religious society and a sale of its property, and direct in what manner the proceeds of such sale shall be applied. Instead of pursuing this method, which gives opportunity for the protection of all interest in the property, it is sought by this bill to authorize the trustees or trustee of this church to convey its property to the town of Kendall, and if there are no debts against the society, to so convey the same for a mere nominal sum. This seems to be a yery favorable scheme for the town Public Papers of Governor Cleveland. 75 of Kendall, but no protection seems to be afforded to any- other rights. The power of the Legislature to authorize a trustee to dispose of property, in direct contravention of his trust and for a nominal consideration, to a beneficiary selected by the Legislature, should not at this day be even suspected. GROVER CLEVELAND. VETO, ASSEMBLY BILL, NOT PRINTED, TO EXTEND TIME FOR COLLECTION OF TAXES IN TOWN OF HORNELLSVILLE. State of New York. rriVE CI. Albany, April EXECUTIVE CHAMBER, 1 il 23, 1883. \ To the Assembly : Assembly bill, not printed, entitled " An act to authorize the extension of the time for the collection of taxes in the town of Hornellsville, in the county of Steuben," is here- with returned without approval. This bill extends the time for the collection of taxes in the town of Hornellsville to the first day of May, 1883. This is entirely unnecessary, because by chapter 147 of the laws of the present session of the Legislature, the time for the collection of taxes in all the towns of the State was extended to the first day of June, 1883. GROVER CLEVELAND. 76 Public Papers of Governor Cleveland. VETO, ASSEMBLY BILL No. 407, RELATING TO VILLAGE OF LYONS. State of -New York ^TIVE Ci Albany, April 23, 1883 EXECUTIVE CHAMBER, ) To the Assembly : Assembly bill No. 407, entitled "An act to revise and amend the law in relation to the village of Lyons, in the county of Wayne," is herewith returned without approval. This bill does not, by its terms, purport to amend any other law, but appears to be an entirely new charter, con- taining some of the provisions embraced in previous statutes relating to the corporation of the village of Lyqns, and fsome of the provisions of the general village law. There are also found in this bill the strikingly original and pre- posterous features usually discovered in such contrivances, which, if not violations, are certainly invasions of that clause of the constitution which prohibits the passage of a local or private bill incorporating villages. I shall only call attention to a few sections of this char- ter, furnishing abundant reasons for my disapproval. The first section provides that the corporation may, with the approval of the trustees and consent of a majority of the taxpayers voting at a village meeting, receive by gift, grant, devise, bequest or purchase, real or personal property in fee or in trust, for such time and purposes as shall be specified in the instruments creating the trust. This permits this village to acquire and hold property of any kind and amount, for purposes in no way connected with the ordinary objects of the corporation. It also per- mits the holding of such property in trust without any reference to the limitations of the Revised Statutes in rela- Public Papers of G(mvernor Cleveland. 77 tion to the creation of trusts, thus substituting the terms of the instrument creating the trusts for the law of the State. Section eight provides that special meetings of the board of trustees at which every member is present, may be held without special notice or delay ; and that a written admis- sion of such notice and waiver of delay, shall, in those particulars, be equivalent to personal attendance ; but sec- tion eleven declares that a majority of the board of trustees shall constitute a quorum for the transaction of business. It might well be a subject of speculation whether or not the equivalent of personal attendance, afforded by the admis- sion of service and waiver of delay, would ,be counted in making up this quorum. If so, the attendance thus repre- sented might, without difficulty, secure a hearing upon the matters discussed at such meeting. By section thirteen the trustees of the village are given power at. all times to arrest or cause to be arrested, by any person, and without pfocess, any and all criminals, as well as vagrants and disorderly and drunken persons ; and if an inhabitant of the village shall refuse to aid in making such arrest upon the command of any trustee, he shall be sub- ject to a fine not to exceed twenty-five dollars, and impris- onment till the fine be paid, not exceeding thirty days. Without analyzing these startling provisions, it is suffi- cient to say that they do violence to all preconceived ideas touching the right to arrest, and 'the protection of the rights of the citizen. Section twenty-five provides that the trustees may reduce or release any general village tax, assessed against any per- son whose age or infirmity and straitened circumstances, shall in the unanimous judgments of all the trustees, entitle him or her to such relief. 78 Public Papers of ■Governor Cleveland. The power to tax should be exercised in such a manner as to do exact justice to all who have to bear its burdens, and none should be released in case of supposed hardship, and their share of taxation exacted from their neighbors. It is provided in section thirty-four, that no payments to the treasurer shall discharge, in any degree, any obligation or indebtedness to said village, unless a receipt therefor, given by the treasurer, shall, within five days of its issue, be filed with the village clerk. It must be conceded that a law declaring a debt not discharged by payments unless the receipt therefor is filed in a particular place, would tend to great injustice, and must be considered an unnecessary and unjustifiable restriction of the ordinary rules of law. There are other sections of this charter which might be criticised, to which I will npt refer. It is quite apparent that something should be done to prevent the introduction or, at any rate, the passage of such bills as this.- iJhey seem often to be prepared without any care, or without any appreciation of the evils to be remedied, or the man-\ ner of accomplishing improvements. Once here, they attract/ but little attention, because they are supposed to be of no importance to the Legislature, being local in their nature. And then they are good naturedly allowed to pass and to reach the Executive, a mass of impracticable inconsisten- cies and incongruous and useless crudities, which, if allowed to go upon our statute books, would be a disgrace to the State and the law-making power. I am of the opinion that villages that have special char- ters which they claim to amend, should be driven to reor- ganize under the general law, which if in any way deficient should be amended to reach all reasonable needs. GROVER CLEVELAND. Public Papers of Oovesnob Cleveland. 79 VETO, ASSEMBLY BILL No'. 360, FOR RELIEF OF SURVIVING MEMBERS OF FIRST REGIMENT, N. Y. MEXICAN VOLUNTEERS. State of New York. EXECUTIVE CHAMBER, 1 Albany, April 25, 1883. \ To the Assembly: Assembly bill No. 360, entitled " An act for the relief of surviving members of First Regiment, New York Mexican Volunteers," is herewith returned without approval. This bill provides that the sum of twelve dollars per month shall be paid, in quarterly payments, for the term of two years, to every person who shall appear, on due evidence, to have been a member of the First Regiment of New York Volunteers, commanded by Colonel Ward B. Burnett, in the war between the United States of America and the Republic of Mexico, and residing in this State at the time of the passage of said bill. The sum of fourteen thousand nine hundred and seventy-six dollars, or so much thereof as -may be necessary, is appropriated for the pur- pose mentioned in the bill. I am by no means certain that the legislation thus pro- posed involves a correct principle, or that the appeal on which it rests should be answered by favorable action. \f Without regard, however, to the propriety of awarding the relief sought, but as a question of principle, examination of former legislation on the subject will furnish proof that enough has been done in this direction, and fully demon- strates that justice to the taxpayer should replace the l generosity of the State. By chapter 508 of the laws of 1851, fifteen thousand 80 Public Papers of Governor Cleveland. dollars per annum for two years thereafter was appro- priated for the purpose of paying the members of this regiment the sum of twelve dollars each month. By subsequent legislation appropriations have been made to the members of the regiment as follows : In the ye^r 1862, $288; in 1870, $12,000; in 1871, $S,ooo ; in 1875, ISpOoo ; in 1876, 82,500 ; in 1877, |i,888 ; in 1878, $3,638. After the donation of more than $60,000 to this regi- ment from the funds of the State, as above indicated, it seems to me further relief ought not to be insisted on. GROVER CLEVELAND. t MEMORANDUM FILED WITH SENATE BILL NO. 234, INCREASING THE NUMBER OF JUSTICES OF THE SUPREME COURT. State of New York. EXECUTIVE CHAMBER, ^ Albany, Ajiril 27, 1883. S [Filed with Secretary of State.] I am not willing to approve Senate bill No. 234, entitled "An act to provide for organizing in the Supreme Court five general terms thereof, and for the election of justices of that court in addition to those now in office," for the reason that I do not believe the number of additional judges provided for in said bill is necessary, and because I am satisfied that the increase of taxation which it involves, is not justified. But I think an increase of judges in some of the dis- tricts of the State is necessary and proper, and in view of Public Papmrs of Governor Cleveland. 81 the fact that there is a question as to whether the consti- tutional amendment can be acted on by the Legislature, except at its present session, and the further fact that fhere seems to be no prospect that any other measure on the subject can be passed, at this time, I have concluded to allow the bill to become a law by the lapse of ten days from its presentation to me, pursuant to the provision of the Constitution. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 437, TO AUTHORIZE BOARD OF CLAIMS TO HEAR THE CLAIM OF VINCENT CONKLING. State of New York. '■TIVE Ch Albany, April EXECUTIVE CHAMBER, ) II 30, 1883. ) To the Assembly : Assembly bill No. 437, entitled "An act authorizing the board of claims to hear and adjust the claim of Vincent Conkling, of Horseheads, New York," is herewith returned without approval. It is expected that the court or board recently established to hear and determine claims against the State, will pro- ceed according to the rules of law, and that no citizen will be prevented from presenting his complaint. I cannot believe that any new statute is necessary to secure this right. Whether the complainant succeeds in establishing any liability or not, depends upon considerations, which, under the Constitution and laws, should not be interfered with by the Legislature. I have before me a decision of the Canal Appraisers 6 82 Public Papers of Oovebnob Cleveland. denying for very good reasons, the claim of the Port Byron free school district, which I suppose, was based upon the same facts as the claim mentioned in the bill under consideration. If this be true, the claimant ought not to recover in any event. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 508, RELATING TO HIGHWAYS IN WHICH TWO OR MORE TOWNS ARE INTERESTED. State of New York. EXECUTIVE CHAMBER, 1 Albany, April 30, 1883. j To the Assembly : Assembly bill No. 508, entitled " An act to provide for laying out, altering and improving highways in which two or more towns are interested," is herewith returned without approval. This bill provides that twelve freeholders may apply in writing to the highway commissioners of the town in which they live, for the institution of proceedings- for locating, opening and constructing any new highway, or for -the change of location, or improving of any existing highway, which is located in part or wholly within any' town or towns other than the one in which they live. It is further provided that on receiving such application, the commissioners to whom it is addressed shall apply to the county court, upon notice to the commissioners of high- ways in the several towns interested in the improvement, and that after due hearing, the court shall appoint certain Public Papers of Governor Cleveland. 83 commissioners ; and if, after examination, they shall determ- ine that the work should be done, it shall be executed by said commissioners. The expense of the improv^nent, including the cost of land taken, it is provided, shall be apportioned by said commissioners among the several towns in the county, according to the benefits received, and the part of the cost and expense assessed on each toWn shall be added, by the Board of Supervisors, to the amount of money to be collected from said town for town expenses. It will be observed that no part of the highway to be located, opened, constructed, changed or improved, need be within the town where the persons applying for the work to be done reside, and that the commissioners of highways of the town within which the improvement is made, are not the ones who institute the proceedings. They are simply notified that within their town the commissioners of some other town are taking steps to construct, locate, open, change or improve a highway. The discretion which they should exercise for the protection and welfare of the, people who elected them, is displaced by the order of a county judge and the determination of commissioners of his creation. The taxpayers may see extensive and costly work going on in their town, against their protest, and which they may deem entirely needless, but for which they must pay such sum as strangers having the work in hand shall determine. There is no participation by any town officer or resident taxpayer either in the work or in fixing the amount of tax- ation. Twelve freeholders of perhaps a distant town, and not necessarily within the same county, declare, under oath, in an application to the highway commissioners of the town of their residence, that this work is necessary and import- ant to them and other inhabitants of their town, in facili- 84 Public Papers of Governor Cleveland. tating travel, and the transportation of farm produce and other property, and the proceeding is set on foot and car- ried to its conclusion with no right of appeal on the part of those whose town is invaded, and whose taxes are increased without their consent, for the benefit of non-resi- dent freeholders. A proposed law should be judged by what it will permit, and not by its probable operation. Measured by this standard, this bill utterly ignores the idea of home rule and the right of the people to regulate the affairs of their locality ; and in ■ its principles and details is thoroughly bad and vicious. GROVER. CLEVELAND. VETO, ASSEMBLY BILL No. 641, FOR IMPROVE- MENT OF A HIGHWAY IN ^WASHINGTON COUNTY. State of New York. EXECUTIVE CHAMBER, \ Albany, April 30, 1883. ) To the Assembly : Assembly bill No. 641, entitled "An act for the improve- ment of the highway between Thompson's mill and Fort Miller village, in Washington county," is herewith returned without approval. This bill appropriates the sum of $5,000 for the purpose of raising the road bed of the highway between Thomp- son's mill and Fort Miller village, to such a height as shall prevent the overflow of the said highway, from the Hudson river, occasioned by raising the Schuylerville dam in 1874, and authorizes the Superintendent" of Public Works to make such improvement. Public Pafmbs of Oovebnor Cleveland. 85 It seems that a bill for the same purpose has, at least once ' before, been passed, and failed to receive executive approval, and I think the work is such as the State sljjould not be called on to do. If the cause of the bad condition of the highway is the building of a dam in 1874, the rela- tion between cause and effect seems somewhat remote, in point of time. And I am further of the opinion, that a fatal objection to the bill is found in the provision of the Constitution, which declares that the Legislature shall not pass a private or a local bill for laying out, opening, altering, working or discontinuing roads, highways or alleys. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 661, BOARD OF CLAIMS TO HEAR CLAIM OF CLINTON COUNTY FOR EXPENSES IN THE MATTER OF HENRY KING, A CONVICT MURDERER. State of New York. executive chamber. 1 Albany, April 30, 1883. ) To the Assembly: Assembly bill No. 661, entitled " An act to authorize and empower the State Board of Claims to hear, audit and determine the claim of Clinton county for moneys expended in the trial and execution of convict Henry King, for crime committed during his imprisonment in Clinton prison, and to make award therefor," is herewith returned without approval. I deem this bill entirely unnecessary ; and the provision 86 PvBLic Papers of Governor Cleveland. authorizing and requiring the board to hear and adjust said claim, and award the amount thereof, or such sum as the board shall consider equitable and just, is very objec- tionable as a legislative determination that some compen- sation should be awarded to the claimant. GROVER CLEVELAND. VETO, SENATE BILL No. 229, RELATING TO POWERS AND COMPENSATION OF COUNTY SUPERVISORS. State of New York, executive chamber, 1 Albany, April 30, 1883.) To the Senate : Senate bill No. 229, entitled "An act to amend chapter fifty-eight of the laws of eighteen hundred and eighty-two, entitled 'An act to amend chapter four hundred and eighty- two of the laws of eighteen hundred and seventy-five, entitled 'An act to confer additional powers of local legis- lation and administration and to regulate the compensation ■of supervisors,' " is herewith returned without approval. This bill purports to amend section 8 of chapter 482 of the laws of 1875 ; and I think its title should have so expressed its object. But aside from this error or informality, a more serious objection is found in the fact that the amendment made by this bill to the law of 1875, excepts the county of Mon- roe from the provisions in said section contained, fixing the compensation of supervisors. All previous laws regu- lating such compensation are repealed, and I cannot find Public Papbbs of Govebnob Cleveland. 87 that the pay of the supervisors of Monroe county is fixed by any other subsequent statute. If, as I suppose, there is no such statute, the effect of the proposed legislation would be to except the supervi- sors of Monroe county from the operation of the only statute by virtue of which they are entitled to compensa- tion for their services. y There are now no less than six counties excepted from the general statute of 1875, fixing the amount to be paid to supervisors, and special statutes have been passed on this subject applicable to such counties. I think no more should be excepted, unless good reasons exist therefor. Uniformity of laws touching this matter certainly is desir- able, since it avoids uncertainty and confusion. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 186, REQUIRING ALBANY COUNTY CLERK TO FILE CERTAIN CERTIFICATES WITH THE CITY ASSESSORS. State of New York. EXECUTIVE CHAMBER, Albany, May 2, 2, 1883. \ To the Assembly : Assembly bill No. 186, entitled "An act requiring the clerk of the county of Albany to file certificates of the sale and transfer of all real estate in the city o'f Albany with the assessors of said city," is herewith returned without approval. This bill provides that for each certificate filed with the assessors as therein directed, the county clerk shall receive 88 Public Papers of Oovebnob Cleveland. the sum of twenty-five cents. The object of filing such certificates is to give the assessor better means of informa- tion as to the ownership of property upon which the taxes of the city are to be assessed. This purpose is a proper one, and the expense attending it, under the provisions of the proposed bill, would not be very great. But the new charter of the city of Albany, which has taken effect since the introduction of this bill, increases the compensation of the assessors, and provides them with a clerk, who can easily and without additional expense pro- cure by a daily examination at the clerk's office, the infor- mation for the use of the assessors, which is contemplated in the proposed bill. Under such circumstances I am of the opinion that the bill is unnecessary, and the expenditure which it involves not justified. GROVER CLEVELAND. SPECIAL MESSAGE, RELATING TO THE OFFICE OF COMMISSIONER OF IMMIGRATION. State of New York. EXECUTIVE CHAMBER, ) Albany, May 4, 1883. ) To the Senate : I deem.it my duty to remind you of the importance of giving effect to the law lately passed by the Legislature " to amend the law relating to alien immigrants, and to secure an improved administration of alien immigration." This statute was the result of investigation which demon- strated that the present management of this very import- ant department is a scandal and a reproach to civilization. Public Papers of Oovbenor Cleveland. 89 The money of the State is apparently expended with no regard to economy, the most disgraceful dissensions pre- vail among those having the matter in charge, barefaced jobbery has been permitted, and the poor emigrant who looks to the institution for -protection, finds that his help- lessness and forlorn condition afford the readily seized opportunity for imposition and swindling. These facts lift the efforts to reform the management above partisan considerations, and make the cause one in which every right-minded man should be enlisted, and ope in which those chosen to protect the rights and the honor of the people of the State should gladly co-operate. The law lately passed, it is admitted, seeks in a prac- tical way to remedy the evils referred to. In the enforcement of this law, it became my duty to send to the Senate, for its confirmation, the name of a person who should act as commissioner, and who should have charge of the important matters provided for. This I have done. In the discharge of this duty I was fortunate enough to be able to present the name of a citizen of the State, of conceded integrity, ability and administrative capacity, who enjoys the respect and esteem of all who know him, and whose benevolent nature would insure the protection and kind care of the destitute and friendless strangers who shcJuld be put in his charge. But the unmistakable indications are that in its closing hours the Senate will refuse to confirm his appointment and thus continue the present scandals and abuses. Some of those now in charge of this department and their beneficiaries are on the ground and about the halls of legislation, seeking to retain their control and their abused advantages. 90 Public Papers of Governor Cleveland. The refusal to confirm the appointee is not based upon any allegation of unfitness, nor has such a thing been sug- gested. It concededly and openly, as I understand the sit- uation, has its rise in an overweening greed for the patron- age which may attach to the place, and which will not be promised in advance, and in questionable partizanship, which is insisted on, at the expense of important interests. There has not been a reason suggested why the name of the appointee should be withdrawn, and I should be unjust and derelict in my duty if I should pursue that course. The Senate is reminded, too, that the present situation of affairs precludes my submitting another name if I desired. I am profoundly sensible of the absolute power and right of the Senate in the premises, and do not seek to ques- tion it even in this case. Every member knows the motives for his conduct, and must justify them to his constituents. The fact remains, however, that a captious opposition to the execution of the best remedial law of the present session of the Legislature perpetuates the oppression of the immigrant and the practice of unblushing peculation. I have endeavored to co-operate with the Senate in sup- plementing the passage of the law, by putting the machinery in motion for its execution ; and I may, per- haps, be allowed to express the hope that its operation may not be defeated. If it is, the responsibility must rest where it belongs. GROVER CLEVELAND. Public Papers of Governor Cleveland. 91 MEMORANDUM FILED WITH SENATE BILL No. 125, TO AMEND LAW PROVIDING FOR THE INCOR- PORATION OF FIRE INSURANCE COMPANIES. NOT APPROVED. State of New York. EXECUTIVE CHAMBER, \ Albany, May 16, 1883. | [Filed with Secretary of State.] Memorandum filed with Senate bill No. 125, entitled "An act to amend chapter 466, of the laws of 1853, entitled 'An act to provide for the incorporation of fire insurance companies! " Not approved. This bill provides for a relaxation of the present law in regard to the securities in which fire insurance companies shall be permitted to invest their funds. I think the change proposed is in the wrong direction, and that too much care can hardly be exercised to protect the interests of policyholders in institutions of this kind. If any change is made as to the securities to which these companies may invest their funds, such securities should be specifically stated in the statute, and not left to the approval of the Superintendent of the Insurance Department. The people should have an opportunity to learn by an inspection of the law, the character, of the investments which corporations, so closely connected with their interests, are permitted to make. Because I have not been able to discover that any good will result from the legislation proposed, to those who most need protection, and because, on the contrary, I fear that if this bill should become a law, important interests might be endangered, I am constrained to withhold my approval from the same. GROVER CLEVELAND. 92 Public Papers of Governor Cleveland. MEMORANDUM FILED WITH ASSEMBLY BILL No. 904, TO AMEND THE CODE OF CIVIL PRO- CEDURE. NOT APPROVED. \ 16, 1883. \ State of New York. EXECUTIVE CHAMBER, Albany, May [Filed with Secretary of State.] Memorandum filed with Assembly bill No. 904, entitled "An act to amend the Code of Civil Procedure." Not approved This bill changes the law in regard to the publication of the reports of the Court of Appeals. The statute now in force directs that contracts for such publication shall be entered into by the Secretary of State, Comptroller and State reporter, in behalf of the State, extending over a term of three years. The bill under consideration provides that contracts for five years shall be made for the publication of these reports, on behalf of the State, by the Court of Appeals, or by such members or oflScers of that court as it shall designate for that purpose. It seems to me that the authority to make these con- tracts, on the part of the State, is very properly lodged, as a matter of business, in the two State officers named in the law now in force and the State reporter. It is appar- ent, I think, that the latter officer is, or should be, a very useful and important member of the contracting body. But by the proposed law he has no part in the matter, and the power to make the contracts is left, in a very indefinite way, to the Court of Appeals or some members or officers thereof. My attention has not been called to any great abuses Public Papers of Governor Cleveland. 93 which exist under the present mode of doing this business; I have no assurance that the Court of Appeals desire to be invested with this contracting power ; the paternity of the proposed bill seems somewhat obscure, and I am not convinced that any certain benefit would result from a change in the existing law on this subject. Under such circumstances I deem it my duty to dis- approve the legislation proposed. GROVER CLEVELAND. MEMORANDUM FILED WITH ASSEMBLY BILL No. 592, RELATING TO BANKS, BANKING AND TRUST COMPANIES. NOT APPROVED. State of New York. EXECUTIVE CHAMBER, ) Albany, May 19, 1883. ) [Filed with Secretary of State.] Memorandum filed with Assembly bill No. 592, entitled "An act to amend chapter four hundred and nineteen of the laws of eighteen hundred and eighty-two, entitled 'An act to revise the statutes of this State relating to banks, banking and trust com- panies.'" Not approved. I have listened to the arguments of the friends of this measure, and am still convinced that the present law should not be changed in the manner proposed. The bill before me provides that savings banks may invest the money of depositorsjin bonds and securities which are excluded by the present carefully prepared stat- utes regulating this subject. Among other things, it per- mits the investment of such funds "in other good securities 94 Public Papers of Governor Cleveland. (excepting bills of exchange, promissory notes, deposits of personal property, and stocks to which by law the per- sonal liability of stockholders attaches) which may be approved by the Superintendent of the Banking Depart- ment, the Governor, Comptroller and State Treasurer, or a majority of them." ^ It must be conceded, I think, that no absolute certainty attends the judgment of men in relation to the matter of good securities. The State officers mentioned in the bill should not be burdened or intrusted with this important duty. I see no provision in the bill by which any security can be withdrawn from the list if once approved by these offi- cers, even though it may become unsafe or worthless as an investment. Considerations have been earnestly urged upon me touch- ing the ability of savings banks to pay a fair interest to depositors, with the present limitations upon the character of their investments. But I am firmly of the opinion that these institutions are, as their name implies, a place of deposit for the savings of those among the poor and laboring people, who see the propriety of putting aside a part of their earnings for future need, or as the beginning of an accumulation. Such depositors are not, and should not be, investors seeking, as a paramount purpose, an income by way of interest on their deposits. When they come to that, there are other instrumentalities which should be employed. Absolute safety of the principal deposited is what the patrons of savings banks should seek; and any governmental control over these institutions should, first of all, be directed to that end, PvBLiG Papers of Governor Cleveland. 95 I am not satisfied that this is done, when State officials, already charged with onerous duties, are called to decide upon the value of proposed securities, and when the safety ft of deposits is left to their determination, and the care of directors and trustees often tempted to speculative ventures, beyond their power to resist. A due regard to the protection of a class of citizens which should especially deserve the care of the State, requires, I believe, that the institutions having their savings in charge should be limited in the use of such deposits to invest- ments described in the law, and which as nearly as possible insure absolute exemption from loss. I am unwilling to assent to the increased risk which, I am convinced, lurks in the provisions of the proposed bill. GKOVER CLEVELAND. MEMORANDUM FILED WITH ASSEMBLY BILL No. 8oi, RELATING TO STREET RAILROADS. NOT APPROVED. State of New York. executive chamber, ) Albany, May 29, 1883. ) [Filed with Secretary of State.] Memorandum filed with Assembly bill No. 801, entitled " An act to provide for the construction, maintenance and operation of street railroads in cities, towns and villages ^ 'Not approved. I have no doubt that, a general law providing for the construction of street railroads, should be enacted ; but the provisions of this bill are such, and my conviction of its questionable designs is so well settled, that I have determ- ined to refuse to approve the same. 96 Public Papmbs of Govebnob Glmveland. From its title, it appears to be a scheme for the con- struction, maintenance and operation of ' street railroads in all the cities, towns and villages of the State. And yet when any streets are excepted from the opera- tion of this act, they are streets in the city of New York. Whenever any provision is made for compensation for the use of streets, they apply alone to that city. It is only in the city of New York that corporations operating street railroads may, by the terms of this bill, be obliged to pave and keep in permanent repair any portion of the street between and along its' tracks; and one of the limitations of the time within which in a certairj case, a railroad is to be commenced and completed, is confined to railroads to be ' constructed in that city. Undoubtedly the provisions of the bill which are suspected or obscure, were inserted to meet the wants of New York corporations, and in all the dis- cussion to which I have listened, this measure has been treated as though its operation concerned solely the city of New York. Perhaps none of these things render the bill under con- sideration invalid, and yet they furnish substantial objec- tions, and give rise to questions of much importance to other cities in the State. It cannot be difficult to frame a bill which in spirit, as well as in strict construction, would be a general law, protecting all localities alike, and avoid- ing the evils sure to follow a furtive attempt, under the guise of a general statute, to answer only private and local purposes. The Constitution of the State prohibits the passage by the Legislature of any private or local bill "granting to any corporation, association or individual the right to lay down railroad tracks." Public Papers of Oovebnob Cleveland. 97 It also declares that the Legislature shall pass general laws required for such cases ; and it provides that " no law shall authorize, the construction or operation of a street railroad, except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad, be first obtained." The intent and purpose of this limitation is apparent. The streets and highways of a city, town or village, are under the control and. charge of local authorities, as agents of the people of the localities, and to be managed and regu- lated for their benefit. It manifestly should be necessary, before such streets and highways can be used for any other j than their ordinary purposes, that the consent of such local] authorities be obtained. But the owners of the property bounded by such streets and highways as are to be put to this new use, are very properly supposed to retain a certain interest or easement in the same, which they have never surrendered to any local authority, and which involves their rights, their con- venience and their comforts as citizens. It is then, in exact accordance with the spirit of our institutions, that before <. the streets fronting their dwellings and premises should be ' incumbered and interrupted by the tracks of a street rail- ' road, their wishes should be consulted and their consent obtained ; and in order to prevent a captious opposition from defeating a desirable improvement, it is provided that the consent of the majority in value of such owners shall be sufficient. It is here suggested that the object of this constitutional 7 98 Public Papers of Oovernor Cleveland. limitation is not accomplished if the owners of property bounded by such streets can be concluded by the consents of prior owners and occupants, to which they are in no way privy, or of which they have no knowledge. The constitution, it will be seen, declares that no law shall authorize the " construction or operation " of a street railroad (and not the formation of a company for that purpose), except upon the condition that the consents spoken of "be first obtained." This language certainly conveys the idea that the grant is to contain this condition, to be thereafter performed, before the authority to construct or operate the road shall be complete. Section six of the bill now before me relates to existing railroad companies, and confers upon them the benefits of its provisions in these terms : "Any existing railroad company, organized under and pur- suant to the laws of this State, may extend its road and construct branches therefrom through, and construct and operate a railroad upon any street, avenue, road or highway upon condition that the consent of the local authorities having the control of and the consent of the owners of one-half in value of the property bounded on that portion of any existing street, avenue, road or highway, upon which said railroad is to be constructed, have heretofore been or shall hereafter be first obtained, and with like effect as though such company was organized under this act to construct and operate such railroad extensions and branches. And every such com- pany shall possess all the rights and privileges conferred by this act, and be subject to, and comply with, all the provisions of this act. And any such railroad company or corporation which has partially constructed a railroad on any street, avenue or highway may complete and operate the same in any street, avenue or highway in respect to which the consent of property owners and local authorities, as required by the constitution and herein provided, has been or shall be hereafter first obtained." Public Papers of Oovebnor Cleveland. 99 This permits any existing railroad company to construct and operate a road, or to complete and operate any such road, which is partially constructed, upon any street, , ave- nue, road or highway within the limits of the State, and bases the compliance with the constitutional requirements upon consents which niay have been obtained within an unlimited time prior to the actual occupancy of the streets, avenues and highways for railroad purposes, and which consents may be directly opposed to the wishes and desires of those who are the owners and occupants of the lands bounding on said streets, avenues and highways, at the time they are so appropriated. Section seven of the bill presents some curious features, in the following language : " No new or additional railroad tracks shall be constructed or allowed to be constructed, maintained or operated by any railroad corporation under the provisions of this act, in that portion of any of the streets, avenues or highways of any city, town or village where railroad tracks have been heretofore constructed and are now laid, except that additional tracks for a distance not exceeding one thousand feet may be laid in that portion of any such street, avenue, road or highway, as to which consent of local authority and property owners required by the Constitution, have been heretofore obtained ; nor shall any railroad tracks be constructed, maintained or operated, except for said one thousand feet as aforesaid, upon that portion of any street, avenue, road or highway where they are now authorized to be constructed, by an act of the Legislature or as to construction of which the consent of the local authorities and of the owners of one- half in value of the property bounded on that portion of any street, avenue, road or highway upon which such tracks have been or are proposed to be constructed, has been here- tofore obtained, excepting by the corporation to which such authority or consent has heretofore been granted or given." 100 Public Papers of Govjernob Cleveland. This seems to forbid tlie laying of additional tracks in any part of the streets where tracks already exist, except for a distance not exceeding one thousand feet, and then only in case consents have been heretofore obtained ; and it is not certain that the consents obtained at a very remote period in the past, to lay one track, will nbt be invoked to confer the exclusive right to construct an additional track for the distance of one thousand feet. This section, as I understand it, also prohibits, except as to the said one thousand feet, the construction and main- tenance of railroad tracks in any part of a street, avenue, road or highway, wherein authority has been given to so construct or maintain, either by an act of the Legislature, or by virtue of the consent of property owners and local authorities heretofore .obtained, unless the said road shall be constructed, maintained and operated by the corporation which has heretofore received such consents or authority. The effect of this would seem to be, to limit the right to construct or maintain certain railroads in the streets to such corporations as have heretofore been authorized by prior consents or act of the Legislature, to the exclusion of such corporations as should hereafter obtain the consents of present property owners and- local authorities. I have not overlooked the fact that the sixth and seventh sections of this bill speak of railroad companies and rail- roads, while the previous sections deal with street railroads and companies. I suppose, however, it will be claimed, if occasion requires, that the railroads mentioned in sections six and seven are street railroads, and the companies spoken of, such as may construct and maintain street railroads. Otherwise they have no place in a law entitled " An act to provide for the construction, maintenance and operation of Public Papers of Govbrnob Cleveland. 101 street railroads in cities, towns and villages." Moreover, the consents of owners and local authorities, " as required by the Constitution," are referred to in both sections. It appears entirely proper, in the consideration of this bill, to treat the corporations mentioned in these particular sections, as street railroad companies and the roads therein referred to as street railroads. In any event, if it is proposed to act under the Consti- tution, there should honestly and fairly be accorded to the people, the protection which the Constitution intended. I think no one can read the peculiar provisions of this bill, without being convinced that its design is more to further private and corporate schemes, than to furnish the citizens of the State street railroad facilities, under the spirit and letter of the Constitution, and within the limits therein fixed for the benefit of the people. GROVER CLEVELAND. MEMORANDUM FILED WITH SENATE BILL No. 445, PROVIDING FOR NEW WATER-WORKS IN NEW YORK CITY. DULY APPROVED. State of New York. EXECUTIVE CHAMBER, 1 Albany, June i, 1883. j [Filed with Secretary of State.] Memorandum filed with Senate bill No 445, entitled "Act to pro- vide new reservoirs, dams and a new aqueduct, with the appur- tenances thereto, for the purpose of supplying the city of New York with an increased supply of pure and wholesome water." Duly approved. I have delayed action on this bill in deference to the wishes of residents of the city of New York who desired 102 Public Papers of Governor Cleveland. to be heard upon the measure ; and after listening to much discussion on the subject, I am very clear in the opinion that I ought to approve the bill. That the city of New York should have a greater supply of water, there are few, I think, have the hardihood to dis- pute. An examination of the' present condition of affairs also discloses the danger that even the present inadequate supply may at any time be interrupted or suspended. These considerations force the contemplation of a contin- gency fraught with discomforts, deprivation and peril to more than a million inhabitants of the State. To tem- porize with such a question, or to hesitate in the face of such a danger, savors of a recklessness almost "criminal. The bill before me, so far as I am able to discern, is a carefully drawn plan to remedy the evil, and supply this pressing need of the city of New York. The principal objection urged against this bill is that the designation of commissioners in the bill itself by the Legislature is unconstitutional, undemocratic and a viola- tion of the doctrine of home rule. I think the bill is constitutional ; and while I am not willing to be committed to the assertion that the best manner of selecting commissioners was determined upon by the Legislature, I am unwilling to be responsible for the delay of this work, because another plan was not adppted. It is hinted, rather than alleged, that the persons named as commissioners are not such as to give assurance of the speedy, efficient and honest prosecution of the work, and that there is reason to suspect that a political job is con- cealed within the provisions of this bill. Such innuendo is easily indulged in, and when not con- Public Papers of Governor Cleveland. 103 nected with official responsibility may be harmless. But I have no idea that any opponents of the bill would sin- cerely ask me to defeat this legislation on such grounds. I believe this bill furnishes the means of relief to the people of the city of New York, and protection from threat- ened danger. If it shall appear that the work is not in good hands, I shall be surprised and disappointed. And it is confidently expected that in a common need, all oppo- sition to the details of the project will be displaced by a cordial co-operation with those bearing the immediate responsibility of its consummation. GROVER CLEVELAND. MEMORANDUM OF OBJECTIONS ACCOMPANYING THE SUPPLY BILL. State of New York. EXECUTIVE CHAMBER, 1 Albany, N. Y., June i, 1883. ) [Filed with Secretary of State.] Statement of items of appropriation objected to, and not approved, contained in Assembly bill No. 444, entitled " An act making appropriations for certain expenses of government, and supply- ing deficiencies in former appropriations." The' several items herein enumerated contained in Assem- bly bill No. 444, entitled "An act making appropriations for certain expenses of government and supplying deficien- cies in former appropriations," are objected to, and not approved, for the reasons hereinafter stated. " For the payment of the expenses for cartage of Senate and Assembly documents to and from the post-office in Albany, during the session of eighteen hundred and eighty-three, to be paid to the parties who ren- 104 Public Papers of Governor Cleveland. dered the services, the sum of nine hundred dollars, being five hundred dollars for carrying Assembly documents, and four hundred dollars for carrying Senate documents." This item is objected to, and not approved, for the reason that the compensation named is clearly disproportionate to the value of the services rendered. The appropriation for this purpose in 1875, was two hundred dollars, and while the service rendered is now no greater than then, the compensation has gradually increased from year to year, until it has reached the sum here proposed. This seems to be entirely unjustifiable. " For the law library formerly in possession of Chief Judge Church, and the law library formerly in possession of Chief Judge Folger, for the pay- ment of books already purchased by the S tate, and books required for the libraries, the sum of five hundred dollars each, to be paid on bills certified by the judge having such library in charge, and on checks or drafts certified to be correct by the chief judge of said court." This item is objected to, and not approved, for the reason that it does not appear that the libraries for which the tax is proposed are for the use of the public ; and fur- thermore, the purchase of books for which no appropria- tion has been made was a violation of law. Ample provision has already been made in the regular way for the support of the public libraries owned by the State. That portion of the appropriation for the Commissioners of Fisheries which reads as follows : * * * " For rebuilding the salmon -trout hatching-house, at Caledonia, one thousand dollars; for maintenance of the new hatching establishment at Cold Spring, Long Island, three thousand dollars, and for maintenance of the hatching establishment at Palenville, Greene county, one thousand dollars." These several items are objected to, and not approved, for the reason that the sum of fifteen thousand dollars appropriated for the maintenance of the State Fisheries, should be sufficient to meet all necessary expenses of that branch of the public service. Public Papers of Governor Cleveland. 105 "For Messrs. Eidlitz, Richardson & Company, architects of the Capitol building, for advances made by them for repairs of the ceiling of the Assem- bly Chamber, done upon the consent of the Capitol Commissioners, during the summer of eighteen hundred and eighty-two, the sum of three thousand one hundred and fifty-nine dollars and fifty-five cents." ' This item is objected to and not approved. According to the report of the New Capitol Commission- ers made to the Legislature, the commission gave its con- sent that the architects might make what repairs to the Assembly Chamber ceiling they deemed proper, at their own expense, and that the State should not be made liable for the expenditure. ' ' For supplying the New Capitol with water from eighteen hundred and seventy-nine to November, eighteen hundred and eighty-two, to be paid for out of the maintenance fund of the Capitol, the sum of five thousand nine hundred and ninety-six dollars and seventy-two cents." This item is objected to, and not approved, for the reason that if any liability exists on the part of the State, the claim is clearly one that should be submitted to the State Board of Claims. "For deficiency in appropriations for postage, expenses of committees, compensation of witnesses, legislative manuals, Croswell's Manual, Clerk's Manual, indexing the bills, journals and documents of the Senate and Assem- bly, and other contingent expenses of the Legislature, and for pay of mes- sengers, eighteen thousand five hundred dollars, or so much thereof as may be necessary, to be paid, in case of expenses of committees on the certifi- cates of the chairman of such committees, and in case of services for either house of the Legislature on the certificate of the cleric of such house, sub- ject to the audit of the Comptroller.'' This item is objected to, and not approved. The ordinary annual appropriation for compensation and mileage of members and officers of the Legislature is three hundred and forty thousand dollars. In addition to this, the Legislature has already appropriated thirty-three thou- sand dollars for contingent expenses, an amount certainly sufficient to meet all proper expenditures of the class cov- ered by the foregoing item. 106 Public Papers of Governor Cleveland. I have obtained from the Comptroller a statement of the items which go 'to make up the eighteen thousand five hun- dred dollars provided for in the item under consideration. While some of the claims are, perhaps, proper, the great bulk of them are for expenditures in plain violation of law; the amounts named are, in most instances, largely in excess of the value of the services rendered ; and they could not have received legislative sanction had they been enumerated in the bill, several of them having been the subjects of previous vetoes when standing alone. If this item should be approved, it would establish a very dangerous precedent and furnish a way of expending the public money for purposes which could not stand the test of scrutiny. "For the actual and necessary traveling and incidental expenses of the agent of the Comptroller to examine the accounts of auctioneers, one hundred and fifty dollars, or so much thereof as may be necessary." This item is obyected to, and not approved. If this office is to be continued at all, the salary now allowed the agent is ample to cover all necessary traveling expenses. "For the Comptroller, for payment of the services, disbursements and expenses of counsel employed by the late Attorney-General Fairchild, to defend the late Auditor of the Canal Department in a suit brought in the Supreme Court against him as such auditor on the relation of Orrin W. Sage, the sum of one thousand eight hundred and six dollars and ten cents, or so much thereof as may be necessary." This item is objected to, and not approved, for the reason that if any liability exists on the part of the State, the claim should be submitted to the State Board of Claims. " For the Comptroller, for payment of the services of counsel employed by the late Attorney-General on the part of the State, in the Albany County Court, in the suit of the People against Francis E. Rowley, the sum of forty-two dollars, or so much thereof as may be necessary." This item is objected to, and not approved, for the reason stated for the disapproval of the last named item. Public Papers op Governor Cleveland. 107 " For the Comptroller, for payment of counsel to assist the committee on cities of the Senate in the investigation of the Department of Public Works of the city of New York, pursuant to resolution of the Senate, passed May sixteenth, eighteen hundred and eighty-two, two thousand dollars, or so much thereof as may be necessary."' This item is objected to, and not approved, because no reason exists why the people of the State should be called upon to pay the expenses of investigating a local depart- ment in the city of New York. " For the Comptroller, for the payment of counsel to assist the com- mittee on villages of the Senate, in the investigation of the methods employed by the trustees of the town of Gravesend, in the management of common lands, pursuant to resolution of the Senate, passed May thirty-first, eighteen hundred and eighty-two, one thousand five hundred dollars, or so much thereof as may be necessary." This item is objected to, and not approved, for the reason that no authority existed for the employment of counsel by this committee. " For the Comptroller, for payment of services of counsel to assist the committee on insurance of the Senate of eighteen hundred and eighty- two, in the investigation of the affairs of William J. Best, as receiver of the National Trust Company, pursuant to resolution of the Senate adopted February twenty-eight, eighteen hundred and eighty-two, the sum of two thousand dollars, or so much thereof as may be necessary." This item is objected to, and not approved, for the reason that no authority existed for the employment of counsel by the committee. ' ' To the Clerk of the Assembly, one hundred dollars, to pay for extra services in the wrapping department." This item is objected to, and not approved, for the reason that the number of officers and employes of the Legislature is fixed by law, and if any necessity exists for the employment of additional help, provision is made for the payment of the same from the contingent fund of the clerk. 108 Public Papers of Oovernor Cleveland. " For the services and expenses of the person designated by the joint library committee of the Senate, in pursuance of resolution of the Senate, passed June second, eighteen hundred and eighty-two, to arrange and classify tha statutes, documents, digests and other books comprising the library of the Senate, the sum of one thousand dollars." This item is objected to, and not approved, for the reason that in my judgment the appropriation named is an exces- sive one for the services rendered, and the claim, if any exists, is one which can with propriety be submitted to the State Board of Claims. " For the State entomologist, for the necessary expenses of his office, two hundred dollars, to be paid on vouchers to be approved by the Comptroller." This item is objected to, and not approved, for the reason that the sum annually appropriated for the State Ento- mologist is all that the State should be called on to pay for that office. " For the superintendent of weights and measures, for salary, for two years, one thousand dollars." This item is objected to, and not approved, for the reason that I am advised that no services have been rendered dur- ing the time mentioned, and that the office is of no prac- tical value to the people. " For William J. McDonald, for services rendered and to be rendered under the direction of the clerk of the Senate, the necessity for which was occasioned by the last illness and death of the journal clerk of the Senate, five hundred dollars." This item is objected to, and not approved, for the reason that the law declares that no additional officers or employes shall be elected or appointed by the Senate or Assembly. The vacancy caused by the death of the journal clerk of the Senate was filled by the appointment of another person, who has been paid in full, and the clerk of the Senate is prohibited by law from the employment of additional officers. " For the New York State Dairymen's Association, one thonsand dollars, for the purpose of extending dairy knowledge and sciences, and to dissem- Public Papers of Governor Cleveland. 109 inate the same among the people of this State, the necessary vouchers of the expenditure to be furnished to the Comptroller." This item is objected to, and not approved, for the reason that the purpose is not a proper one for State appropriation. " For boring an experimental well to test the question of the existence of salt in place at. or near the Onondaga Salt Springs Reservation, to be expended under the direction of the superintendent of the Onondaga Salt Springs, the sum of ten thousand dollars, or so much thereof as may be necessary. This appropriatiou shall be paid from the general fund but of any money arising from the duties on salt not otherwise appropriated." This item is objected to, and not approved, for the reason that the expenditure at this time of public money for such a purpose is entirely unjustifiable and improper. " For repairs to the State dam across the Genesee river, at or near Mount Morris, in the county of Livingston, to be expended by and under the direction of the Superintendent of Public Works, one thousand dollars ; and this appropriation shall release the State from all further claims for repairs and work upon the dam across' the Genesee river." This item is objected to, and not approved. The State has already expended for this object a large sum •of money. It is doubtful if any obligation rests on the State to do this work, and in any event, a sufficient sum has been appropriated for that purpose. "For digging a ditch from the culvert under the Erie canal, in Wayne county, near the southern boundary thereof, for draining stagnant water into the channel of the old canal, the sum of five hundred dollars, or so much thereof as may be necessary, to be expended under the direction of the Superintendent of Public Works, and payable out of any funds appropriated for the abatement of nuisances.'' This item is objected to, and not approved, for the reason that it does not satisfactorily appear that this is work which should be undertaken by the State. " For building a bridge o«er Clear creek on the Cattaraugus Indian reservation in Erie county, in lieu of a bridge heretofore erected by the State, and the approaches thereto, the sdm of three thousand dollars, or so much thereof as may be necessary ; and to perfect, repair and complete the approaches to the iron bridge heretofore erected by the State over the same creek on the said reservation, the sum of three hundred dol- 110 Public Papers or Oovbbn'ob Cleveland. lars ; each of these appropriations shall be expended under the direction of the Superintendent of Public Works." This item is objected to, and not approved. This appropriation is prohibited by section eighteen, of article three of the Constitution. " For a new school-house on the Onondaga Indian reservation, five hun- dred dollars, or so much thereof as may be necessary, to be expended under the direction of the Superintendent of Public Instruction." This item is objected to, and not approved, for the reason that I am not satisfied that in the present relations between the State and the Indians this is a proper object for the appropriation of public money. " For a new school-house on the Allegany Indian reservation, five hundred dollars, or so much thereof as may be necessary, to be expended under the direction of the Superintendent of Public Instruction." This item is objected to, and not approved, for the reasons above stated. " For repairing the bridge and the approaches thereto over the Onondaga creek, on the Onondaga Indian reservation, one thousand dollars, which shall be expended under the direction of the commissioner of highways of the town of Onondaga, who shall receive three dollars per day for the same, not to exceed thirty dollars." This item is objected to, and not approved. No reason exists why the general laws relating to highways should not be observed in this case. ■' For the construction of a highway across the St. Regis Indian reserva- tion, the sum of two hundred and fifty dollars, or so much thereof as may be necessary, and William Gillis and Samuel Barlow are hereby appointed commissioners to disburse the same." This item is objected to, and not approved, for the reasons above stated. "For Mrs. Catharine Hogan, widow of Patrick Hogan of Albany, and the three children of said Patrick Hogan, share and share alike, as a gratuity in full for all claims for damages for the loss by death of the said Patrick Hogan, who fell throu77S)63i tons, an increase over last year of 324,350 tons. Comparing the tonnage for the two seasons on the basis that they were of the same duration, the excess in favor of this year is 823,371 tons. Remarkable proof of the increased commerce attracted to these water-ways by the abolition of tolls is found in the fact that the shipments of grain from Buffalo by canal this year aggregated 42,350,916 bushels against 29,439,688 bushels last year ; and the statistics which will be transmitted by the Superintendent of Public Works, will exhibit like increase in the other freights which comprise the great bulk of the canal traffic. These figures assure those interested in canal navigation, that the liberal policy adopted by the State will make reasonably certain a continuance of employment and oppor- tunities for the capital and labor of our citizens. They also give promise to the people, who have assumed the expense of maintaining the canals, of a full return, in the benefits which must accrue from securing to our State a Public Papers of Governor Cleveland. 11 traffic of such proportions as to add materially to its busi- ness and wealth. Pursuant to a policy which for a number of years seems to have prevailed, no improvements have been made upon the canals, and expenditures have, in the main, been limited to the cost of superintendence, and such repairs as were abso- lutely necessary to preserve navigation. That the banks, prism and structures are now in sufficiently good condition for present purposes I have no doubt. But I agree with the Superintendent of Public Works, that it is not wise to rely wholly upon a continuance of the good fortune which has so long attended the canals ; and without hesitation, I concur in his proposition to take measures to inaugurate a system of such constant and gradual repairs as ordinary prudence demands. Public Education. The Superintendent of Public Instruction furnishes the following statement concerning the public schools for the year ending September 30, 1883: Total receipts, including balance on hand October I, 1882 $13,206,065 14 Total expenditures 11,858,594 09 Amount paid for teachers' wages 8,265,452 83 Amount paid for school houses, repairs, fur- niture, etc 1,925,671 27 Estimated value of school houses and sites .. 31,011,211 00 Number of teachers employed during legal term of school 21, (22 Number of teachers employed during any portion of the year 31 ,S7o Number of children attending public schools, 1,041,089 Number attending normal schools ^ 6,270 Number of volumes in school district libraries, 701 ,675 Number of persons in the State between the ages of five and twenty-one 1,681,500 12 Public Papbbs of Governor Cleveland. There seems to have been, for a number of years, a steady decrease in the number of books contained in school district libraries. In i860 the number reported was 1,286,536; in 1881, 707,155 ; in 1882, 705,812, and now 701,675. If it is proposed to continue the advantage of these libraries, it is quite evident that there should be a change in the extent and manner of their supply, or in the means of their preservation. The Regents of the University report that there are twenty-four literary and thirteen medical colleges connected with the University of the State. Of these, two have been chartered during the past year, to wit : Canisius College, of Buffalo, and Niagara Uaiversity, at Suspension Bridge. There are under the visitation of the Regents 277 acad- . emies and academical departments of Union Schools, com- prising about 36,000 scholars and 1,400 teachers. The instruction of common school teachers has been car- ried on during the past year in ninety-five academical institutions, in which 1,611 scholars have been trained. These classes are under the care of an inspector appointed by the Regents. The removal of the library building has necessitated the arrangement of the State Library in temporary quarters in the New Capitol. Arrangements for the removal of the State Museum to the State Hall as soon as it is vacated have been made. The printing of the Paleontology, allowed by the last Leg- islature, has been resumed by the Regents. Banks. Eight new banks of discount were organized during the year, and one failed, leaving the total number eighty-four, PvBLic Papers of Govsrnor Cleveland. 13 the condition of which on the ist day of October, 1883, was reported as follows : Increase dnring the yeft'. Resources 1160,716,393 $38,152,933 Capital 21,761 ,700 2,956,000 Surplus and profits 11,146,418 1,488,716 Due depositors 113,914,963 31,863,983 Other liabilities . .......... 13,893,312 1,844,234 Of the increase in capital, $1,300,000 was the result of the conversion of banks from the National to the State system. On the first day of July last, 127 savings banks reported to the Superintendent of the Banking Department, but of this number, twelve transact no business and have but a nominal existence. During the year one new savings insti- tution was organized, and one closed after paying its depos- itors and creditors in full. The condition of these savings banks on the day named was as follows : Increase during the year. Resources $483,662,008 15 $23,538,42549 Due depositors 420,831,00738 20,087,16896 Surplus on market value .. 62,114,693 47 2,957,654 24 Other liabilities 716,307 30 493,602 30 Number of depositors 1,119,512 52,994 The immense financial transactions of these institutions, intended to be semi-charitable in their nature, shown in the fact that during the year the deposits received from and withdrawn by their million of depositors, aggregated $304,592,254.95, exclusive of the interest credited, calls for the exercise of the utmost care that the safeguards which surround them and which have given confidence to those who intrust their earnings to their keeping, should be jealously protected. 14 Public Papers of Governor Cleveland. The reports made July first by the sixteen loan, mortgage, guaranty and indemnity companies, doing business in this State, exhibit the following condition : Increase in nnmber. Resources '. . . $160,137,76404 $20,379,22990 Capital paid in 13 > 537,°°° 83 957,50000 Surplus and profits 12,244,412 42 2,390,035 64 Due depositors 125,283,170 17 20,394,985 01 Other liabilities 9,229,350 92 *3, 207, 130 45 Sixteen institutions for the safe-keeping and guaranteeing of personal property, with a capital aggregating $2,886,900, were under the supervision of the Banking Department on the first day of October. In my last annual message to the Legislature I took occasion to say : " State supervision of banks is worse than useless unless it is thorough and effective. Under the law, as it now stands, the Superintendent of the Banking Department must cause an examination to be made of these institutions only when, in his opinion, there is good reason to suspect an unsound condition or false reports. It would seem that the solvency of the banks and protection of depositors would be better assured, if one or more examinations, in each year, were made compulsory on the Department." The evidence accumulates to prove the necessity for such an enactment as was then suggested, and which will be duly submitted for your consideration. Insurance. The statistics furnished by the Insurance Department show that our citizens have suffered no losses during the year, by failure of any of the companies doing business under its supervision. * Decrease. Public Papers of Governor Cleveland. 15 On the ist day of July, 1883 there were doing business in this State 147 joint-stock fire insurance companies, with total assets of $169,983,924.56, including a net surplus tof $5i>978,273.33 ; fifteen marine insurance companies with total assets of $23,253,860.86, including a net surplus of $4,440,141.59 ; twenty-nine life insurance companies with total assets of $449,602,347.17, including surplus as regards policy-holders of $76,751,390.73, and seven casualty insur- ance companies with total assets of $3,617,413.41, and a net surplus of $1,331,038.81. There were 131 co-operative insurance associations doing business in this State January I, 1883. Of these 119 were New York State companies and twelve were organized in other States ; the number of certificates in force issued by these associations was 443,296. During the year 1882, 119,385 certificates were written and 51,381 terminated. The losses paid amounted to $7,430,856.51. The amount of securities on deposit with the Insurance Department July i, 1883, for the protection of policy- holders insured by the various insurance companies trans- acting business in this State was in the aggregate $13,488,347.68, as follows : New York State life insurance companies $2,662,508 75 New York casualty insurance companies 301 ,567 73 New York fire insurance companies 1,693,000 00 Fire insurance companies of other States 100 00 Foreign insurance companies 8,831,171 20 Under the provisions of the law passed April 2, 1^83, to regulate the formation and conduct of co-operative insur- ance associations, by placing them under the superintendence of the Insurance Department, thirteen of such associations have been incorporated, and five organized in other States 16 Public Papers of Governor Cleveland. have been admitted to transact business in this State. By the operation of the new law the standard of this class of insurance has been materially elevated. A number of fraudulent and mismanaged societies have been driven from business, and those honestly and prudently conducted have acquired a better place in the confidence of the community. A remarkable saving in expense has been effected in this department during the past year under the present administration. On the 30th day of April, 1883, there were thirty clerks employed in the department, whose annual salaries amounted in the aggregate to 148,650, together with an attorney at a salary of $4,000, while at the close of the fiscal year, Sep- tember thirtieth, there were but seventeen clerks employed, at an aggregate annual expense of $28,150, and the services of the attorney had been dispensed with as unnecessary. The Superintendent feels confident of his ability to still further reduce these expenses without, in any manner, diminishing the efficiency of the department. As a result of this reduction, the fire, marine and life insurance com- panies, and the co-operative societies organized under the laws of this State, have been notified that no fees, taxes or dues will be imposed upon them this year by the depart- ment, the statutory fees collected from the companies of other States and countries being sufficient for its maintenance. National Guard. The organization and efficiency of the military depart- ment of the State are in a very satisfactory condition. The National Guard consists of four divisions, eight brigades, seven battalions of artillery, fifteen regiments, one battalion and forty separate companies. The whole number of officers Public Papers of Oovmbnor Cijeveland. 17 and enlisted men on the 30th day of September, 1883, was 11,568, notwithstanding that under the provisions of the new Military Code all regimental bands, aggregating 554 mem- bers, have been dropped from the rolls, and many enlisted men, physically incapable of doing military duty, have been discharged from the service. During the last year the Forty-second Separate Company, located at Syracuse, has been formally disbanded, and one new company has been organized in Elmira. The latest reports show that recruiting is steadily pro- gressing. If the existing organizations should be filled to the maximum strength allowed, the aggregate of officers and men would exceed 18,000, while the whole number permitted by the Code is limited to 15,000. For this reason, and in view of the fact that the funds at the disposal of the depart- ment are necessary for present wants, many applications for the formation of new companies and the readmission of organizations heretofore disbanded, have been refused. The Military Code passed by the last Legislature pre- scribed service uniforms to be furnished by the State to the National Guard. So far as they have been issued they have proved serviceable. They are neat in appearance and acceptable to the troops. But the lack of an appropriation for that purpose has rendered it impossible to furnish the new uniforms except to a few of the most needy organiza- tions. I recommend that the present Legislature make provision to furnish this uniform to those yet unprovided for, in the belief that after the Guard is once fully equipped the expense of its maintenance in this respect will be less than under the previous system. The State Camp of Instruction inaugurated by my prede- cessor in 1882 seemed productive of such good results that 2 18 Public Papers of Qovmbnor Cleveland. I ordered a similar camp, in the summer of 1883. It was opened on the sixteenth day of June and continued to the twenty-eighth day of July. Six regiments and nine sepa- rate companies were in camp one week each. The number of the Guard thus allowed the advantage of this important feature of military instruction was 3,515, exceeding by more than one-third those in camp the previous year. It is quite apparent that the policy which has reduced the number of the National Guard, should be supplemented by every reasonable effort to make it reliable and efficient. Investigation and personal inspection have satisfied me that nothing tends more in that direction than the opportunities afforded by the Camp of Instruction. The ground, thus far occupied near Peekskill, is admira- bly adapted to the purpose in every respect, and consid- erable money of the State has already been expended in fitting it for use. It comprises about one hundred acres, and is now held by the State under a lease which expires May I, 1885, at an annual rent of fi,ooo. The privilege is reserved to the State to purchase the property at any time before the expiration of the lease for the sum of $13,000. This price is regarded as reasonable, and I recom- mend that the purchase be made by the State, with a view of permanently establishing the Camp of Instruction as an element of military education. The last Legislature provided for the erection of an armory in each of the cities of New York, Brooklyn and Troy, and in the village of Flushing. Some amendments to the Military Code, which has been in operation since last April, are deemed desirable, and will at the proper time be. submitted for the action of the Legislature. Public Papers of Governor Cleveland. 19 State Prisons. From a statement made by the Superintendent of State Prisons, it appears that on the 30th day of September, 1883, there were confined in Auburn prison 882 convicts; in Sing Sing 1,462, and in Clinton 484, making a total of 2,828; being less than for a number of previous years. There were 144 inmates of the State Asylum for Insane Criminals, nine of whom were women. The earnings and expenditures of these prisons during the last fiscal year, were as follows : AUBURN PRISON. Earnings $125,280 30 Expenditures 119,857 42 Surplus $5,422 88 SING SING. Earnings $237 , 238 48 Expenditures 183,219 73 Surplus 54,018 75 $59,441 63 ' CLINTON. Earnings $44,542 80 Expenditures 945878 20 ' Deficiency 5° .335 4° Balance surplus $9 , 106 23 Two hundred convicts have been transferred, during the year, from Sing Sing to Auburn prison. I learn, as the result of inquiries instituted on the subject, that on the 1st day of December, 1883, more than 15,000 men, women and children were confined in the prisons. 20 Public Papers of Governor Cleveland. houses of refuge, penitentiaries, reformatories, jails and pro- tectories within the State. Of course, all of these are not convicted of crime, but the figures suggest a large convict population, the care and management of which present important and intricate questions. Of the number above mentioned 507 were confined in the State Reformatory at Elmira, upon conviction of felonies. Such convicts are required to be between the ages of six- teen and thirty years. No term of imprisonment is fixed by the sentence, but they cannot be detained longer than the maximum time for which they might have been sent to prison. Within this limit, they may be imprisoned until discharged by the rules of the institution. The Board of Managers may transfer " temporarily " to either of the State prisons, any inmate who, subsequent to his committal to the Reformatory, shall be shown to have been at the time of his conviction, more than thirty years of age, or to have been previously convicted of crime or any apparently incorrigible prisoner whose presence in the Reformatory appears to be seriously detrimental to the well being of the institution. If after such transfer he is not recalled by the managers, he must remain in State prison during the balance of the longest sentence that might have originally been imposed upon him. The law allowing a reduction of the time of imprisonment for good conduct is not applicable to his case. On application to the prison at Auburn, I learn that since the Reformatory was established, and up to the 6th day of December, 1883, seventy-five persons who had originally been sent to the Reformatory were transferred, under the condi- tions above stated, to the Auburn State prison. Of these, fifteen have been allowed to serve in prison the longest PxTBLio Papers of Oovernob Cleveland. 21 sentence that could have been pronounced for their crime ; one was discharged by order of the managers of the Reforma- tory ; one was transferred to Clinton prison ; four were transferred to the Asylum for Insane Criminals (one of whom was subsequently returned to prison) ; two died ; one was recalled to the Reformatory, and fifty-two still remained in the prison. How many of these were sent to the State prison by the managers because, in their view, they were " apparently incorrigible prisoners, whose presence in the Reformatory appears to be seriously detrimental to the well being of the institution," is not reported ; but it is safe to say that a large proportion were consigned to prison on that allegation. The prisoner thus transferred, who was sentenced to the Reformatory, in mercy, to avoid the stigma of a sentence to prison, and for purposes of reform, because he had maintained theretofore a good reputation and stand- ing in society, may meet at the door of the prison his accomplice in the crime committed, who, having made no pretense of character or respectability, has served the sen- tence to prison pronounced upon him by the court. The worst and most hardened criminals, if originally sent to prison, earn, by good conduct, a considerable reduction of imprisonment, but the convict from the Reformatory has no such thing to hope or strive for. In my opinion there should be no power vested in the Board of Managers of this institu- tion to send persons committed to their care to the State prisons ; and if convicts are sentenced to the Reformatory, the courts should exercise the greatest care to be satisfied that they are promising subjects for reformatory efforts, and fix a term beyond which they cannot be confined. A release before the- time thus fixed might well be offered as a reward for improvement, reform or good conduct. 22 Public Papers of OovebNor Cleveland. The law in relation to the reduction, for good behavior, of the terms of convicts. in State prison, should be made more plain and definite, and the power of the prison authori- ties to refuse such reduction be more exactly defined. At the last election there was submitted to the people of the State, for the expression of their opinion thereon, a proposition to abolish contract labor from the State prisons. Quite a large majority of the votes cast upon this question were in favor of the proposition ; and the present Legislature will be expected to consider the subject. It should be approached with the utmost care and deliberation. The opportunity of the workingman should not be injuriously affected by the labor of convicts in the prisons ; nor, unless to avoid such a danger or other serious abuses, should the self-supporting feature of the prisons be lost and the expense of their maintenance added to the burden of the taxpayers. Charitable Institutions. The following information is furnished by the State Board of Charities and the Commissioner in Lunacy : The value of the property held by the various charitable institutions on the first day of October, 1883, was $42,935,360.04, of which $35,415,555.45 was in real estate, and $7,519,804.59 in personal property. The receipts of all these institutions for the year ending September 30, 1883, were as follows : State institutions $909,221 52 County and city institutions 2,363,720 42 Incorporated benevolent institutions 7,157,002 15 $10,429,944 09 Of this sum, $719,753.98 was derived from the State, $4,876,519.37 from cities and counties, and $1,520,571.15 from legacies and donations. Public Papers of Qovebnob Cleveland. 23 The expenditures during the year were as follows : By State institutions $i >43S > 242 62 By county and city institutions 2,363,720 42 By incorporated benevolent institutions .... 6,492,431 04 $10,291,394 08 The number of insane in the various institutions on the 30th day of September, 1883, was 11,270, distributed as follows : State Lunatic Asylum at Utica 600 Hudson River State Hospital 306 State Homoeopathic Asylum : 260 Buffalo State Asylum 329 Willard Asylum (chronic insane) i , 740 Binghamton Asylum (chronic insane) 412 County poor-houses and asylums i ,867 City alms-houses and asylums 5 ,010 In private asylums 493 Asylum for Insane Criminals 144 Asylum for Insane Emigrants 109 11,270 Of this number, 5,015 were males and 6,255 females. The total given above is 827 in excess of the insane reported'for the year ending September 30, 1882. The number of State paupers under care on the ist day of October, 1882, was 163. There were 1,426 committed during the year ending September 30, 1883. The number discharged as able to provide for themselves wgis 504 ; adopted into families 4 ; absconded 67 ; transferred to insane and other asylums 9 ; furnished with transportation to their homes or places where they were legally settled in other States or countries 784 ; died 40. There remained on the ist day of October, 1883, under care 24 Public Papers of Oovernob Cleveland. 189. Of these 158 were in the State Alms-houses, twenty- eight in State Insane asylums, and three in Orphan asylums. During the year ending September 30, 1883, sixty-nine crippled, blind, lunatic and otherwise infirm and helpless alien paupers found in the various hospitals, asylums, poor-houses and alms-houses of the State were sent to their respective homes in various countries of Europe, at an expense of $1,603.12. In every instance these persons were without friends in this country, and their infirmities and disabilities were found to have existed before they left their homes. It was evident that they were sent here with the intention on the part of those by whom they were shipped, of escaping the expense of their care and maintenance. Eighteen of these helpless paupers, of whom several were " assisted immigrants," were sent by counties and towns in other countries, sixteen by organized societies, three by guardians, and twenty-seven by relatives and friends. Some attention given to the system of supervision of the charitable and reformatory institutions of the State convinces me that it might be much improved. The State Board of Charities is vested with the power of visitation and examination, and is required to report the condition of the institutions visited, which include all the charitable and correctional institutions in the State. The State Commissioner in Lunacy is authorized and directed to examine into and report annually to the Legis- lature, the condition of the insane and idiotic in the State, and the management and conduct of the asylums and insti- tutions for their care and treatment. The boards of trustees or managers of all the charitable and correctional institutions have generally the control of their business and internal management. Public Papers of Governor Cleveland. 35 The superintendents hold their positions under the boards of trustees, and are supposed to devote their attention to the care of the inmates of the institutions. * The Board of Charities is composed of most estimable men and women who receive no compensation for their services, but devote all the time to the performance of their duties that can reasonably be expected, and their labors are undeniably valuable. Their powers are advis- ory in their nature, and their recommendations are often unheeded. The powers and duties of the State Commissioner in Lunacy, so far as the institutions for the insane and idiotic are concerned, are nearly identical with those of the Board of Charities ; and unfortunate questions have arisen from this condition. The visitations of the Board of Charities, as well as the Commissioner in Lunacy, are necessarily infrequent, and the information they gain of the actual management of the insti- tutions quite general and imperfect. The local boards of trustees gratuitously perform the duties they have assumed, and while not unfaithful, can hardly be expected to devote time very constantly to the details of management. They very naturally gain much of their information from the statements of the superintendent in charge. A recent investigation by a committee of the managers of the Western House of Refuge, where delinquent boys and girls are sent for reform and instruction, satisfied the com- mittee that for months the by-laws and regulations of the institution relating to the punishment of inmates had been violated ; that the boys there confined had been beaten, abused and assaulted in the most outrageous manner, by the 26 Public Papers of Governor Cleveland. attendants and subordinates in charge, and the funds of the institution had not been sufficiently protected. It is assumed that neither the Board of Charities nor the local board of trustees had any knowledge of these things until they were exposed by the investigation ; and the super- intendent testified that he was entirely ignorant of the instances of cruelty established by the testimony. A system which permits this condition of things is evi- dently defective. The time will never come when the humane sentiment of the people will approve the cruel treatment or the neglect of the unfortunate, or even criminal, inmates of these institu- tions ; and their usefulness depends upon giving no occasion for the growth of a suspicious and unreasoning belief that their benevolent purposes are lost or perverted. That system of management is, therefore, manifestly best which most nearly satisfies the public that it is conducted with due regard to justice and forbearance. Another and a more practical consideration is involved in this question. The State annually appropriates from half to three-quarters of a million of dollars to the maintenance of these institu- tions ; and those connected with the making or administra- tion of the laws owe, as a duty to the taxpayers of the State, their best efforts to guard the expenditure of the money thus appropriated against extravagance, and insure its advan- tageous application to the purposes for which it is intended. An examination of some of the expenditures of these institutions and the cost of the maintenance of their inmates, establishes the fact that their business manage- ment is seriously at fault. A report made to the Comptroller by the agent appointed Public Papers of Oovernob Cleveland. 27 in 1878 to examine their financial affairs and business admin- istration, contains much valuable and startling information. By this report, it appears that our State institutions com- pare very unfavorably in the cost of their maintenance with those of other States and countries. Confined to our own State, the result of the inquiry in this respect is no less striking. There is reported quite an important variation in the prices paid for the same kind of supplies, and a great difference in the expense of supporting their inmates. The cost of provisions ind supplies is given for the support of each inmate in the year 1877, in twenty different lunatic asylums, three of which are located in this State and seven- teen in other States and provinces. Of the seventeen the annual cost per capita in six institutions was between $50 and $60 ; in two between $60 and I70 ; in seven between $70 and $80 ; in one I81.87, and in one $101.74. I" the three New York institutions this cost is reported at $105.88, $140.78 and $157.22. It thus appears that the New York asylums are not only much more expensive than the others, but that among themselves there is a difference between the highest and lowest rate of more than fifty per cent. The last report of the State Board of Charities contains a statement of the weekly per capita cost of maintaining the inmates in several of our State institutions, which shows a variation scarcely less marked. I cannot but believe that much that is defective and expensive in the present management of these institutions is attributable to divided responsibility and consequent loose and unbusiness-like methods. I fear that too much of the time of superintendents, which should be devoted to the actual care and watch of those put in their charge, is spent in other occupations, which, though not necessarily foreign 28 Public Papers of Govsrnob Cleveland. to the interests of the institutions, should not be included among their duties. At every session of the Legislature, not only the superin- tendent, but delegations from the local boards of managers, appear before the committees having the subject of appro- priations in charge, asking for money to maintain their institutions, which, if needed, they should receive without importunity. Appropriations are made for all manner of enlargements, repairs, alterations and improvements, many of which are disapproved after executive examination, which is unavoidably imperfect and may lead to injustice. A suspicion may well be entertained that in the localities where these institutions are situate the privilege of furnish- ing the supplies and materials is granted from motives of friendliness or a desire to patronize home trade, resulting in bargains disadvantageous to the institutions and the State. In seeking to better the condition of affairs we cannot fail to be reminded of the experience of the State in relation to prison management. During the year ending the 30th day of September, 1876, there was paid from the treasury for the maintenance of these institutions, above their earnings, the sum of $704,379.85. By an amendment to the Constitu- tion adopted in November of that year, the superintendence, management and control of the State prisons were vested in a superintendent, who entered upon the discharge of his duties in February, 1877. On the thirtieth day of September following, or in less than nine months, under the new management the deficiency of expenditure was reduced to $369,688.08. This deficiency steadily decreased until the 30th of September, 1881, when a surplus of $564.35 was reported, which has annually increased until at the close of the last year it reached $9,106.23. Public Papers of Governor Cleveland. 29 There seems to be no good reason why similarly favor- able results cannot be obtained by the application of a like system to the control and management of the business, affairs of our charitable institutions. It accords with the plan adopted where large private interests are involved ; it has the advantage of concentrated responsibility ; the Legis- lature and the Executive should, under such a system, be satisfactorily informed of the actual needs of the different institutions, and the necessary appropriations should be cheerfully made ; the time of the superintendents could be devoted to their legitimate and proper duties ; the detection and prevention of abuses and neglect could be reasonably exacted ; a very large saving should be effected in the whole- sale purchase of supplies of uniform grade, for all the insti- tutions, and the advantages consequent upon a correct application of business methods would be secured to the people of the State. The change suggested contemplates the employment of a fit person vested with the supervision and control of these institutions, to whom a fair salary should be paid, and who should have no other business. He should absolutely be required to devote all his time ' to the performance of his duties. The attention of the Legislature is earnestly called to this subject, in the hope that a better system may be adopted, with such careful consideration of detail and the necessary change in present laws as will secure the inauguration of a plan which shall be simple, efficient and well perfected. Emigration. The Commissioners of Emigration report that the number of immigrants landed at Castle Garden from January ist, 30 Public Papers of Governor Cleveland. , to the ist day of December, 1883, was 372,183, being 63,464 less than were received during the corresponding time in the previous year. They estimate the total number for the entire year at 390,000, as against 455,450 for the year 1882. During eleven months of the present year, 4,818 immigrants were admitted to the State Emigrant Hospital and Refuge, at Ward's Island, and the number remaining on the tenth day of December was 575, of which 116 were insane. During the time covered by the report, 27,480 immigrants have been furnished employment, and 1,273 have been returned to the places from which they came. Of the expenditures of the Board, $168,054.04 is reported as received from the funds collected by' the Treasury Depart- ment under the act of Congress directing the payment of a certain sum for each immigrant landed, and $38,202.51 was received from the State. In addition, there was expended the sum of $31,049.29 for repairs to the State property on Ward's Island, this sum being the balance of the amount appropriated for that purpose by the Legislature in 1882. At the last session of the Legislature a law was passed for the purpose of entirely reconstructing this department. Such action was in my judgment entirely justified. It was based upon grounds of economy, honesty and humanity. The new law recognizes the doctrine of concentrated respon- sibility by providing for the appointment by the Governor and confirmation by the Senate, of a commissioner who with the respective presidents of the German Society and Irish Emigrant Society as ex-officio commissioners, should constitute a Board of Immigration in place of the present unwieldy, inharmonious and badly constituted board. The law also contained other safeguards in favor of the immigrants against extortion and imposition. Public Papers of Governor Cleveland. 31 The new system thus provided, failed to become operative by reason of the refusal of the last Senate to act upon the nomination of a commissioner. The speedy execution of this law is earnestly recommended. Quarantine and Health Officer. The reports from the Quarantine Department and the health officer of the port of New Yor^, show that during the past year infectious or contagious diseases have gained no foothold in the State. The last Legislature failed to make the ordinary appropria- tion for the care and maintenance of the Quarantine Depart- ment. In consequence of this there exists a deficiency in that department of $8,427.50 for which an appropriation will be necessary. In July, 1881, the Senate appointed a committee "to inves- tigate and ascertain the emoluments and to examine into the administration of the health officer of the port of New York, with a view of making the Quarantine Department self sus- taining, and framing such laws as jnay be in the public interest." The committee, after making quite a thorough examination and taking a great deal of testimony, submitted a report in which they express the opinion that the gross net income of the health officer could not average less than $40,000 per annum, and might, in favorable years, reach as high as $60,000 or more, and that they were sufficient to pay all the cost of maintaining the quarantine establishment after paying the health officer a liberal salary. The following statement is also contained in the report : "At present the boarding fee is the only one authorized and fixed by the statute; of the other fees, some are author- 32 Public Papers of Governor Cleveland. ized by the quarantine commissioners, like the fee for fumiga- tion, while others are collected without any authority what- ever, except custom, and their amount is altogether in the discretion of the health officer. This is the case with w^hat is called the ' inspection fee,' and also the ' night boarding fee.' Your committee has no hesitation in saying that such a state of things ought not to exist with any officer of the State authorized to collect fees. They, therefore, recommend that all fees hereafter collected by the health officer shall be fixed by law, and that he shall be prohibited from exacting any fees not thus provided by statute. In conclusion, your committee cannot refrain from expressing the opinion that the revenues of the health officer of the port of New York are out of all proportion to the professional skill and labor required to prop- erly fill the office. Exceeding as they do the salary of any of the State officers, the Governor included, they constitute an anomaly in the administration of the commonwealth which is uncalled for, inexcusable and ought not to be permitted to continue." Another fact appears in the evidence taken by the com- mittee, which is not referred to in their report. The present incumbent of the health office testified that, in the year 1880, he paid between $9,000 and $10,000 as a voluntary contribu- tion to the party of which he was a member, for political purposes. When, in addition to the facts above presented, the Legis- lature is reminded that, notwithstanding the amount so col- lected, appropriations are annually made from the State treasury for the support of the Quarantine Department, the need of legislation on this subject will, I hope, be recognized. It may be that, upon consideration, the fees which are now legitimately charged for services performed in this depart- ment, will not be found unduly burdensome, though some vessels now subjected to their payment might be relieved ; but all fees and charges resting, in the discretion of the Public Papers of Governor Cleveland. 33 officer, or exacted without authority, should be definitely fixed by law or prohibited. In my judgment the health officer should be attached to the quarantine establishment and be paid a fair salary, which, as well as the salaries of the other parties in charge of the department, and the cost of maintaining the build- ings and property of the State used in connection therewith, should be met by fees and charges collected for services performed, which* fees and charges should be fixed at no higher rate than is necessary to meet such expenses. The inauguration of such a system, it is believed would insure an efficient administration in this important depart- ment,, relieve the taxpayers of the State from present bur- dens and subserve the interest of the commerce of the port. Harbor Masters. In my last annual message the attention of the Legislature was called to the fact that the fees then collected by the harbor masters at the port of New York had been declared by the Supreme Court of the United States to be illegal, and that such fees were notwithstanding still collected under the guise of voluntary payments made for the serv- ices of those officers. It was also suggested that such services might be intrusted to the Department of Docks in connection with its other work, and thus the commerce of the port be relieved from any charge for the same. , This suggestion was not adopted, but a law was passed allowing the Governor to appoint, by and with the advice and consent of the Senate, a captain of the port and eleven harbor masters, and abolishing those offices as they previously existed. The captain of the port, under the new law, was to receive a salary of thirty-five hundred dollars, besides 3 34 Public Papers of Goveenob Cleveland. certain expenses, and the harbor masters were to receive a salary of twenty-five hundred dollars each, to be paid from the State Treasury. It was claimed that the office of harbor master was neces- sary, and that the Department of Docks should not be invested with their duties. Though the argument in its favor did not appear conclusive, and though the payment of the expenses of these officials by the State seemed very objectionable, the bill was approved because it seemed to be the only attainable method to relieve the State from complicity in the blackmailing and extortionate methods of the prevailing system. An effort to execute this law failed through the refusal of the Senate to act upon the nominations made to the offices which were created. I am now entirely satisfied that the Department of Docks can well perform the duties here- tofore devolved upon harbor masters without expense to the State, and with little, if any, additional cost to the city of New York. It appears from statements made to me that this service has been assumed by this department and substantially per- formed under its direction, during the past season. I recommend the repeal of the law remaining unexecuted, being chapter 357 of the Laws of 1883, and all other laws by which the office of harbor master was created or is in any manner recognized, and the transfer of the duties here- tofore performed by harbor masters to the Department of Docks. Pilotage. The fees allowed to pilots should undoubtedly be reduced. The law under which they are now collected was passed in 1865, and permitted a very large addition to previous rates Public Papers of Governor Cleveland. 35 on account of the great increase in living expenses. It was then distinctly understood that such increase should be allowed for only three years, and the law so provided. The operation of the statute has been extended from time to time until all limitation has disappeared. Repeated efforts have been made to have the fees reduced by law, but they still remain a danger which cannot longer be concealed, to the supremacy of the port and the prosperity of the State. Representations made to me by both the commercial interests affected and the pilots, leave in my mind not a shadow of doubt that it is the duty of the Legislature, in the interests of the State, to regulate these fees so that they will cease to be, as now, higher than in other ports in this and foreign countries. The suggestion is made by the pilots that the extortion is mitigated because the high rates are paid by foreign instead of domestic ship owners. This idea is in direct antagonism to the considerations involved in the crea- tion and maintenance of the commerce of a State, and betrays an entire misconception of the important interests with which the occupation of a pilot is related, and upon which its existence depends. When it is found that the number of pilots remain about the same as when the fees were enlarged ; that the tonnage entering the port has increased immensely ; that steamships have been largely substituted for sailing vessels, and consequently the services of the pilots are more quickly and easily performed ; that the reason of the increase "m fees, originally intended as tempo- rary, has failed, and that the commerce of the port needs relief, sufficient reasons are apparent for a modification of the present law on this subject. 36 Public Papers of Governor Glbveland. The Railroad Commission. The law passed in 1882 creating a Board of Railroad Com- missioners was made operative during the last year, and the board was organized on the ist day of February, 1883. Since that time they have done a vast amount of work of a character which demonstrates the need and usefulness of such a department, and with results which are creditable to the zeal, fidelity and intelligence of the commissioners. The operations of the board will not be here specifically detailed, more than to touch upon some facts deemed of general interest contained, in the report of the commission- ers, which will soon be laid before the Legislature. During the eight months between the organization of the board and the 30th day of September, 1883, seventy-five complaints were preferred, all of which were fully investi- gated. Some of these involved a thorough examination into the financial affairs and history of large railroad corporations, while others had reference to the comfort and safety of passengers and citizens as related to the opera- tions of the roads. Many recommendations have been made to the railroad companies, calculated to protect the people in life and limb, most of which have been cheerfully adopted. Of the 6,500 miles of railroad in the State, all have been inspected by some member of the Board, or by a competent engineer employed for that purpose. When defects have been discovered, the company operating the road has been at once called on to remedy the same. The companies have generally evinced a desire to co-operate in every effort to secure the safety of travel. Much attention has been given to the investigation of accidents on railroads, their causes and the means to pre- Public Papers of Oovebnor Cleveland. 37 vent their recurrence. Every accident occurring in any part of the State has been reported promptly to the Board. The following is the record of those killed or injuretS in the operation of the railroads in this State, for the eight months ending September 30, 1883 : Killed. Injared. Passengers 34 118 Employes no 396 Other persons 178 146 322 660 As a number of the persons who were neither passengers nor employes were killed or injured at crossings, an inquiry instituted by the Board, in relation to railroad crossings, developed the following facts : Number of public traveled highways and streets crossed at grade by railroads in the State 6,881 Number of such crossings in cities and villages i>825 Number of crossings where the view of approaching trains is obstructed from those traveling the highway, when within 150 feet of the crossing on either side.. 1,576 Number of gates at highway crossings, including thirty- six on the Long Island Railroad 53 Number of flagmen employed 650 Number of persons killed or injured at crossings during the last five years 264 Number within that time killed or injured at crossings protected by gates or flagmen 119 The question of freight rates on railroads has been con- sidered by the Board, in connection with a bill referred to them by the last Senate involving that subject, and a report will as soon as possible be submitted, which it is hoped will aid just and wise legislation regarding this question. A number of laws and amendments to existing statutes 38 Public Papers of Oovebnor Cleveland. will in due time be presented by the Board for the considera- tion of the Legislature. As these will be the result of intel- ligent reflection and inquiry, and will have relation to important interests, I trust they will receive careful attention. The action of the Board in requiring the filing of quarterly reports by the railroad companies, exhibiting their financial condition, is a most important step in advance, and should be abundantly sustained. It would, in my opinion, be a most valuable protection to the people if other large corpo- rations were obliged to report to some department their transactions and financial condition. The State creates these corporations upon the theory that some proper thing of benefit can be better done by them than by private enterprise, and that the aggregation of the funds of many individuals may be thus profitably employed. They are launched upon the public with the seal of the State, in some sense upon them. They are permitted to represent the advantages they possess and the wealth sure to follow from admission to membership. In one hand is held a charter from the State, and in the other is proffered their stock. It is a fact, singular though well established, that people will pay their money for stock in a corporation engaged in enterprises in which they would refuse to invest if in private hands. It is a grave question whether the formation of these artifi- cial bodies ought not to be checked or better regulated and in some way supervised. At any rate they should always be kept well in hand, and the funds of its citizens should be protected by the State which has invited their investment. While the stockholders are the owners of the corporate property, notoriously they are oftentimes completely in the power of the directors and Public Papers of Governor Gleveland. 39 managers, who acquire a majority of the stock and by this means perpetuate their control, using the corporate prop- erty and franchises for their benefit and profit, regardless of the interests and rights of the minority of stockholders. Immense salaries are paid to officers ; transactions are con- summated by which the directors make money, while the rank and file among the stockholders lose it ; the honest investor waits for dividends and the directors grow rich. It is suspected, too, that large sums are spent under various disguises in efforts to influence legislation. It is not consistent to claim that the citizen must protect himself by refusing to purchase stock. The law constantly recognizes the fact that people should be defended from false representations and from their own folly and cupidity. It punishes obtaining goods by false pretenses, gambling and lotteries. It is a hollow mockery to direct the owner of a small amount of stock in one of these institutions to the courts. Under existing statutes, the law's delay, perplexity and uncertainty leads but to despair. The State should either refuse to allow these corporations to exist under its authority and patronage, or acknowledging their paternity and its responsibility, should provide a simple, easy way for its people whose money is invested, and the public generally, to discover how the funds of these institu- tions are spent, and how iheir affairs are conducted. It should at the same time provide a way by which the squan- dering or misuse of corporate funds would be made good to the parties injured thereby. This might well be accomplished by requiring corporations to frequently file reports made out with the utmost detail, and which would not allow lobby expenses to be hidden 40 Public Papers of Oovbrnob Gleveland. under the pretext of legal services and counsel fees, accom- panied by vouchers and sworn to by the officers making them, showing particularly the debts, liabilities, expenditures and property of the corporation. Let this report be deliv- ered to some appropriate department or officer, who shall audit and examine the same ; provide that a false oath to such account shall be perjury and make the directors liable to refund to the injured stockholders any expenditure which shall be determined improper by the auditing authority. Such requirements might not be favorable to stock specu- lation, but they would protect the innocent investors ; they might make the management of corporations more trouble- some, but this ought not to be considered when the protec- tion of the people is the matter in hand. It would prevent corporate efforts to influence legislation ; the honestly con- ducted and strong corporations would have nothing to fear ; the badly managed and weak ought to be exposed. The Civil Service. During the year the provisions of the act passed by the last Legislature to regulate and improve the civil service of the State have been put into operation. Fortunately a com- mission was secured whose members were in hearty sym- pathy with the principles of the law, and- who possessed much practical knowledge of the needs of the public serv- ice. The commission itself was also fortunate in obtaining the services of Silas W. Burt as Chief Examiner, whose experience in public affairs and familiarity with the best methods of regulating the civil service enabled him to ren- der invaluable assistance to the commission and the State. The preliminary classification and the framing of rules con- templated by the act governing the appointments to place, Public Papers of Governor Gzbveland. 41 having been completed and received my approval, the sys- tem will become operative in respect to all State officers and in all State institutions on the fourth day of the pres- ent month. This work, owing to the diversity of the State service and the number and variety of positions affected by the law, has been a task attended with many difficulties. Although some slight revision may be necessary, on the whole I am confident the scheme will be found practicable and effective, without being too rigorous or burdensome. In addition the commission has co-operated with the mayors of cities who, under the law, have exclusive control of the municipal service, and in several cities, notably New York and Brooklyn, a thorough system of civil service has been prepared and promulgated as nearly in harmony with the State system, as the charters and statutes relating to municipal matters will permit. New York then leads in the inauguration of a comprehen- sive State system of civil service. The principle of selecting the subordinate employes of the State on the ground of capacity and fitness, ascertained according to fixed and impartial rules, without regard to political predilections and with reasonable assurance of retention and promotion in case of meritorious service, is now the established policy of the State. The children of our citizens are educated and trained in schools maintained at common expense, and the people as a whole have a right to demand the selection for the public service of those whose natural aptitudes have been improved by the educational facilities furnished by the State. The application to the public service of the same rule which prevails in ordinary business, of employing those whose knowledge and training best fit them for the duties at hand, without regard to other considerations, must elevate and 42 Public Papers of Qoveenor Olbveland. improve the civil service and eradicate from it many evils from which it has long suffered. Not the least gratifying of the results which this system promises to accomplish, is relief to public men from the annoyance of importunity in the strife for appointments to subordinate places. Bureau of Labor Statistics. On the 4th day of May, 1883, an act was passed provid- ing for the appointment of a " Commissioner of Statistics of Labor," and on the tenth day of the same month such Commissioner was duly appointed. It is declared by the act to be the duty of this officer " to collect, assort, systematize and present in annual reports to the Legislature, within ten days of the convening thereof in each year, statistical details relating to all departments of labor in the State, especially in relation to the commer- cial, industrial, social and sanitary condition of workingmen and to the productive industries of the State." In the prosecution of his work under the law, the Com- missioner has gained much from the experience of those similarly engaged in other States, and has possessed him- self of valuable information which will, doubtless, aid him in the performance of his duties. Blanks have been prepared for the purpose of collecting the facts and statistics which it is expected this depart- ment will report. Such as have been already sent, were directed to parties who are engaged in the same branches of business and labor as are carried on in the prisons, reformatories and penitentiaries of the State. Thus far, the Commissioner has devoted ■ his attention almost exclusively to the examination of the system of convict labor and the contracts made by the State in Public Papers of Oovebnor Cleveland. 48 connection therewith. The result of his investigation will appear in his report, which will soon be submitted. The Primary Election Law. The act passed by the last Legislature and approved by me extending the laws to prevent and punish frauds and corruption in the primary elections or caucuses throughout the State was in most localities generally observed during the year and seems to provide absolutely for the correction in this State of what had come to be a great abuse. In many sections of the State a nomination from one or the other of the principal political parties is practically equivalent to an election, and in every section, under our system of parties, pure primaries providing for an honest expression of public sentiment is one of the principal guar- anties the people possess of their rights as citizens. With this law in force the means are in the hands of the people, if they so will, to secure pure primaries. Board of Claims. The last Legislature abolished the office of Canal Appraiser and the State Board of Audit, and substituted in their place a Board of Claims, consisting of three commissioners. In accordance with the terms of the act creating it, the Board organized in June last, and has since proceeded with the work of hearing and determining the mass of business trans- ferred to it from the two abolished boards, and that which has since arisen. The objections which were patent in the composition of the Board of Audit are obviated by the requirements of the law, while a single tribunal is provided, composed of men fitted by training and experience to examine all private claims 44 Public Papers of Governor Cleveland. against the State, many of which involve a judicial interpre- tation of the law. Instead of two courts of claims we now have one, and the satisfaction expressed by those who repre- sent the interests of the State, as well as claimants, is suffi- cient proof of the wisdom of the law establishing this single tribunal. Through neglect of the last Legislature no appropriation was made to meet the expenses of this Board, and you will therefore be called upon not only to make the ordinary maintenance appropriation for the coming year, but also to provide funds to pay the expenses of the Board from the time of its organization, June i, 1883, until October i, 1884, at which time the regular appropriation will become available. New Capitol. The people of the State are to be congratulated upon the unprecedented progress which has been made upon this structure since the 8th day of May, 1883, when the work was committed to new management, pursuant to a law of the last Legislature. A description in detail of the work done will not be attempted here, as the report of the Commissioner, containing a statement of the same, will be furnished as soon as practicable to the Legislature. The rooms to be occupied by the Court of Appeals and its Clerk, located in the east end of the building, are ready for occupancy, and have been finished and furnished in an appropriate manner. The rooms adjoining them are also substantially finished. A contract was made on the 19th of June, 1883, for the construction of the south-eastern staircase for the sum of $239,345.80. The preparation for the foundation of this great structure was a work of considerable magnitude. At the Public Papers of Governor Cleveland. 45 rate the work is now progressing it will be completed as soon as September 15, 1884, the date limited by the contract. The Old Capitol and the State Library building, located east of the New Capitol, have been removed in preparing for the construction of the eastern approach. The State Library and Law Library have been temporarily placed in the room originally intended for the Court of Appeals and in the Golden Corridor adjoining, where they will remain until they are permanently located in the rooms designed for them in the west end of the building. It is exceed- ingly important that these rooms, and such others in the west end as are intended for the departments still remain- ing in the State Hall, should be completed as early as possible. When these apartments are finished, the whole interior of the building will be ready for use. When the work was entered upon by the present Com- missioner the granite and brick walls of the west end of the building were unfinished. The dimensions of this part of the structure are as follows : From north to south, 291 feet ; from east to west, sixty- twb feet, not including the space to be occupied by the great staircase, which is seventy-two by fifty-two feet — all comprising fully one- fourth of the floor space of the building. It was deemed very important, that the west walls should be completed and the roof put on before the winter closed in, so that the work on the interior might be protected and further prosecuted without interruption on account of the weather, or the expense of a temporary covering. This involved the preparing and setting of a large amount of granite necessary for carrying up the walls, the great central gables, dormers and chimneys, and preparing for the roof and covering the same with slate, tile and glass. 46 Public Papers of Oovbrnob Cleveland. The work was entered upon with vigor and energy, and it is gratifying to report that the whole edifice is sub- stantially roofed. The total cost of the building to the fifteenth day of December, was $15,318,680.67. The total amount expended from April 9th to December 15 th, 1883, was $900,481.23, leaving a balance on hand at that date of $99,518.77. The number of men employed in all parts of the construc- tion, for most of the time since the eighth day of May, has varied from thirteen to fourteen hundred. At the present rate of expenditure, the balance above mentioned will be exhausted within a very short time, and a failure to make an immediate appropriation will result in a stoppage of the work. The Commissioner in charge has faithfully devoted himself to the performance of his important duties, and conducted the construction with energy and system,- and with the most gratifying results. The taxpayers who have waited so long for relief from the burden of this gigantic work may cherish a well founded hope that the day of their deliverance is at hand. They have a right to demand, and they may expect, that the method, at last inaugurated, of exacting from employes a fair day's work for a fair day's pay will be continued without permitting the people's money to be wasted to secure partisan advantages. With an appropriation sufficient to continue the work with the same force of men as that employed during the past season, it can reasonably be expected that the entire interior of the structure will be completed by April first, of next year, and the approaches and porticoes comprising the exterior work unfinished, within two years from the present date. The progress made this year is an added vindication of the usefulness in practice of concentrated responsibility. Public Papers of Governor Olbveland. 47 Any regrets respecting the time which has been spent or the money expended in the erection of this building are out of place. Economy now is found in pushing to the utmbst its completion. There should be no check or interruption to the work so well in hand and so completely systematized ; and I earnestly hope that in the interest of the tax-paying popula- tion, and to the end that the reasonable expectation of an early completion may be realized, the Legislature will make an early and liberal appropriation for its continuance. Public Buildings. The act passed by the Legislature to remedy the evident neglect in the care of the public buildings, including the New Capitol, Old Capitol, State Hall, Agricultural Hall and Executive Mansion, and center in one person the care and maintenance of this property, was, in my judgment, emi- nently wise. Under the old system each of these buildings was sepa- rately managed, supplies were purchased for each in com- paratively small quantities at various prices, and in every respect they were maintained as distinct from each other, as though they were as many different properties belong- ing, to different individuals. The advantage of the new system is seen in the improved condition of the buildings and their furniture, in a reduced pay-roll, and in lower prices for supplies. The State build- ings at Albany and their fixtures have cost many millions of dollars, and in themselves constitute a large property, which requires constant and intelligent care to preserve from decay and dilapidation. That heretofore, because of divided responsibility and an absolute lack of system, there 48 Public Papers of Governor Cleveland, has been great neglect in this matter, involving immense losses to the State is conceded. That the new system is in the line of the application of business methods to the administration of public affairs, and is an important reform, is already proven. The Adirondack Wilderness. The Hudson, Mohawk and Black rivers are to a very large extent fed by streams and lakes in the southern slopes of the Adirondack wilderness ; and the Black river may well be regarded as the principal feeder of the Erie canal. This statement renders the importance of protecting the water in the sources of the rivers named, from serious diminution, distinctly apparent. The fact that this can only be done by the preservation of the forests bordering on these sources of water supply, needs no demonstration and was recognized by the last Legislature by the passage of an act prohibiting the further sale of our northern wilderness lands. The immense volume of commerce which passes through the Erie canal and the Hudson river to the seaboard, and the low stage of water during the summer in the last named waterway as well as the other rivers and streams of the State, have attracted the attention of the public to the necessity of arresting the further destruction of our northern forests. This is certainly a very important matter, and should receive early and serious attention. We find ourselves facing the danger which now so excites the people, because the interests of the State have not been cared for in the years that are past, and because our forest-laden lands have been recklessly disposed of at nominal prices, until, at this late day, we are awakened to the fact that the control which Public Papers of Governor Cleveland. 49 the State should have always maintained over that part of those lands which are important to the preservation of our Streams has been to a large extent surrendered. The plan has been, it seems, quite generally adopted by the grantees from the State to refuse to pay taxes assessed upon these lands after their purchase, and to permit them to be sold for such taxes, the owner taking advantage of the tinie between the levying of the taxes and the sale of the land to cut off and sell such timber as he finds to his profit. In default of other bidders at such tax sale, the State becomes the purchaser. Two years is allowed the delinquent owner after the sale to redeem his land. Sales of these lands are customarily made by the Comp- troller once in about five years, arid then they are sold for taxes that have remained due and unpaid for a period not less than five years prior to the sale ; thus in 1881 forest lands were sold for taxes levied thereon between the years 1871 and 1876. It will be readily seen that this allows the grantees of these lands, who from the first day of their own- ership deliberately refuse payment of all taxes, from seven to twelve years within which to cut off and sell timber — thus realizing an immense return from the amount originally paid for the land. Prior to the 23d day of November, 1883, the .State had remaining of these wilderness lands in the neighborhood of 600,000 acres. The day named was the last on which large quantities which had been sold for taxes in 1881 could be redeemed ; at the close of that day the State became the owner of 177,842 acres more, which had been bid in by it at such sale, and which was not redeemed. It must be con- ceded that this was a fair day's work on behalf of the State, in the direction of acquiring these important lands, 4 50 Public Papers of Governor Cleveland. And the fact must not be overlooked that the trees cut from those lands thus far, have usually, if no€ always, comprised only those of a particular kind, which really make up but a small part of the forest which is necessary to the preservation of our water sources. The occurrence of fires in this wilderness is an agency of destruction which should be guarded against. By this means not only the trees are destroyed, but what there is of a thin soil or mould surrounding their roots is so nearly consumed, that for a generation at least, trees and vegetation are not likely to reappear. These fires are, in most cases, the result of heedlessness on the part of lumbermen or excursionists and the guides accompanying them. While we should not neglect to provide against any danger which threatens the supply of water in our important streams and rivers, it seems to me we are in the presence of another peril, against which we must vigilantly guard. I refer to the schemes which are likely, in the present state of the public mind, to be proposed, having for their object the purchase by the State of immense tracts of these lands, upon the representation that this is the only means of protecting the interests involved. These lands owned by the State should be plainly located and declar.ed, with what it may hereafter acquire, to be park lands ; strict laws should be passed to prevent fires by care- lessness, and to severely punish trespassers who shall cut down the trees ; the guides should be under some kind of regulation and control, and it might not be amiss to estab- lish some supervising authority to enforce the observance of the laws ; and it would undoubtedly be well if the time permitted to elapse between the levying of taxes and a sale for non-payment, as well as the period allowed after sale for Public Papers of Governor Cleveland. 51 redemption, shouTd be shortened. By the adoption of some such measures, I believe the danger which seems imminent may be averted ; and until it has been demonstrated that any other plan must fail, it is, in my opinion, our duty to oppose any scheme having for its object the purchase of these lands, and involving, as it would, the expenditure of millions of money. The last Senate appointed a committee to investigate this whole question, and it is expected that their report will con- tain valuable suggestions and recommendations. Adirondack Survey. In any effort instituted to protect the northern wilder- ness, we ought reasonably to anticipate much aid in the location of the lands, from this survey. I find in the year 1876 an appropriation was made of $4,250 " to complete the topographical survey and exploration of the Adirondack wilderness." So far from its being com- pleted for that appropriation, more money has been given for this purpose every year since. In 1878, the time to finish this " exploration and survey," was, by a statute passed on the twenty-eighth day of May, in that year, limited to six years from that date, the sum of |!io,ooo was appropriated for its purposes, and the act explicitly declares that, at the end of the time limited, " the topographical character of the work shall be complete in all respects throughout the area under survey." Since that time and including the appropriation of that year, $65,000 has been drawn from the treasury of the State for the work which in 1876 it seems to have been supposed would be completed for $4,250, while the entire cost to the present date approximates $70,000, exclusive of a very large sum for the printing of costly reports. 52 Public Papmbs of Governor Cleveland. To the ordinary understanding it cannot but appear that the time and money thus spent should insure a perfect and complete survey of this wilderness region. It will be observed that the time limited by the law of 1878 for the completion of this exploration and survey, expires on the 28th day of May, 1884. It is earnestly hoped that the final day may develop some practical and useful results. However this may be, the day thus fixed should be the end. If we have not yet secured what we need, it is useless to depend longer on this instrumentality. I recommend that the Superintendent of the Adirondack survey be required, on or before the twenty-eighth day of May next, to deposit in the office of the State Engi- neer and Surveyor, all maps, surveys, and other results of his work, as well as all tools and instruments in his charge belonging to the State. The State Survey. Probably the duration and cost of this establishment were no more understood at the time it was inaugurated, and its results are now but little more apparent or appreciated, than those of the Adirondack Survey. The State Survey made its first appearance in the legisla- tion of the State in the appropriation bill for the year 1876, when $20,000 was appropriated "for making an accurate trigometric and topographical survey of the State, for the determination of State and county lines." Commissioners were appointed who should, it was declared, hold office for one year. No provision is made for the appointment of any successors to these commissioners. In the appropriation bill of 1877 no money is appropriated for the survey, but it is declared that the term of office of the Commissioners should Public Papers of Governor Cleveland. 53 be extended to the ist day of May, 1878. On the 6th day of May, 1878, a law was passed, the first section of which declares that, " in order to define the objects of the ' State Survey, to limit the expenses thereof and to provide for its speedy completion," the Commissioners theretofore appointed, naming them, "are hereby appointed to conduct the same in accordance with their last annual report to the Legislature, namely : The work is to be confined to fixing such meridian and other lines and points as are necessary to give correct bases for county, town and other surveys, so that they may be of permanent value at any time in the future." No limit was fixed to the term of the Commissioners, and the sum of $14,300 was appropriated "for the purposes of this act." Since that time it has had its place regularly in the appro- priation bill year after year until the sum of $118,300 has been applied to this object. The language of the first two acts in which the survey is mentioned indicates, by the appointment of the Commissioners for one year, and extending their term an additional year, that it was sup- posed their duties would be of a temporary nature ; and the language of the law of 1878 indicates that the object sought by that act was to define the objects of such survey, limit its expense and circumscribe its work. Nearly six years have passed, the large sum of money above mentioned has been spent, but little has apparently been accomplished, and we have no hint from the Commissioners or the Director of the time or money which will be necessary to complete the work. Its continuation is urged on the ground that it will be valuable to the cause of science. This consideration should be regarded ; and it may be conceded too, that meridian and other lines should be fixed, and such "points 54 Public Papers of Governor Glevelano. as are necessary to give correct bases for county, town and other surveys ; " but none of these things justify us in blindly spending the public money for a purpose the cost of which promises to be enormous, and the benefit of which may be realized only by posterity. In my judgment this survey, and any others of a like character that are to be made for public benefit, should be prosecuted under the direction of the State Engineer and Sur- veyor, and the results constitute public records in his office. This officer is not at present overburdened with work, and no one who has not the engineering skill to direct such opera- tions, is likely to hold the position. The expense of creating establishments to do such work, and the ease with which they grow into departments of the State, has often been demonstrated. Niagara Falls Reservation. The commissioners appointed under the law passed by the last Legislature, for the purpose of selecting and locating such lands in the village of Niagara Falls as may be neces- sary to be reserved for the purpose of preserving the scenery of the falls of Niagara, have determined upon the lands which, in their opinion, should be reserved, and a map has been duly certified by them and filed as directed by the statute. Proceedings will be taken as soon as practicable for the appraisal of the land so selected, with a view of determining the cost attending the proposed reservation. The project of releasing this far-famed natural wonder from the obstacles to its enjoyment which now surround it, and securing its scenery from destruction, appeals strongly to our State pride. It has, besides, certain features of prac- tical benefit to our people which renders its success desira- ble if the expense attending it is not too great. The State Public Papers of Governor Glevelanb. 55 is in no way committed to the consummation of the pro- posed reservation, and the whole matter will be submitted to the Legislature for its determination, upon the report of the Commissioners, when the same shall be presented. State Board of Health. This department has further demonstrated during the past year the wisdom of its establishment. The details of its work and operations will be presented in its forthcom- ing report. The powers vested in the Board relating to the investi- gation of nuisances and other causes of disease, the adul- teration of food and drugs, and the sale of substances dangerous to the life and health of the people, has been efficiently and beneficially exercised. The advantages of its work to the State will be more marked as its methods become more completely systematized, and the scope of its operation increased. Pleuro Pneumonia. By an act of the last Legislature the laws providing means for eradicating the disease of pleuro pneumonia among cattle was repealed, and a considerable sum of money which was being gradually expended to maintain a State agency in New York, of but little practical value, so long as adjoining States failed to co-operate with us, was turned into the general fund. I have no knowledge of any loss resulting from the discon- tinuance of the State agency. It is a fact, however, that the germs of the disease exist in this country and within our own borders. The necessity for some general and effective action is apparent. Other States are moving to memorialize the Federal Gov- 56 Public Papers of Governor Cleveland. ernment to take proper action to stamp out the disease and protect the country from its dissemination. To this move- ment the State of New York should give its influence. I therefore suggest that a resolution be adopted by the Legis- lature at an early day, requesting the Senators and Repre- sentatives in Congress from this State to urge upon that body the need of Federal legislation on this subject. Conclusion. The people of the State are to be congratulated upon the progress made during the last year in the direction of whole- some legislation. The most practical and thorough Civil Service Reform has gained a place in the policy of the State. Political assessmen^ts upon employes in the public depart- ments have been prohibited. The rights of all citizens at primary elections have been protected by law. A bureau has been established to collect information and statistics touching the relations between labor and capital. Th^ sale of forest lands at the source of our important streams has been prohibited, thereby checking threatened disaster to the commerce on our water-ways. Debts and obligations for the payment of money, owned though not actually held within the State, have been made subject to taxation, thus preventing an unfair evasion of liability for the support of the government. Business principles have been introduced in the construc- tion and care of the New Capitol and other public buildings, and waste and extravagance thereby prevented. A law has been passed for the better administration of the Emigration Bureau and the prevention of its abuses. Public Papers of Governor Cleveland. 57 The people have been protected by placing co-operative insurance companies under the control and supervision of the Insurance Department. * The fees of receivers have been reduced and regulated in the interests of the creditors of insolvent companies. A Court of Claims has been established where the demands of citizens against the State may be properly determined. These legislative accomplishments, and others of less importance and prominence, may well be cited in proof of the fact that the substantial interests of the people of the State have not been neglected. The State of New York largely represents within her borders the development of every interest which makes a nation great. Proud of her place as leader in the com- munity of States, she fully appreciates her intimate rela- tions to the prosperity of the country ; and justly realizing the responsibility of her position, she recognizes, in her policy and her laws, as of first importance, the freedom of commerce from all unnecessary restrictions. Her citizens have assumed the burden of maintaining, at their own cost and free to commerce, the waterway which they have built and through which the products of the great West are transported to the seaboard. At the suggestion of danger she hastens to save her northern forests, and thus preserve to commerce her canals and vessel-laden rivers. The State has become responsible for a bureau of immigration, which cares for those who seek our shores from other lands, adding to the nation's population and hastening to the development of its vast domain ; while at the country's gateway a quarantine, established by the State, protects the nation's health. 68 Public Papers of Oovebnor Cleveland. Surely this great Commonwealth, committed fully to the interests of commerce and all that adds to the country's prosperity, may well inquire how her efforts and sacrifices have been answered ; and she, of all the States, may urge that the interests thus by her protected, should, by the greater government administered for all, be fostered for the benefit of the American people. Fifty years ago a most distinguished foreigner, who visited this country and studied its condition and prospects, wrote : " When I contemplate the ardor with which the Americans prosecute commerce, the advantages which aid them and the success of their undertakings, I cannot help believing that they will one day become the first maritime power of the globe. They are bound to rule the seas as 4;he Romans were to conquer the world. * * * "The Americans themselves now transport to their own shores nine-tenths of the European produce which they consume, and they also bring three-fourths of the exports of the New World to the European consumers. The ships of the United States fill the docks of Havre and of Liverpool ; whilst the number of English and French ves- sels which are to be seen in New York is comparatively small." We turn to the actual results reached since these words were written with disappointment. In 1840 American vessels carried ?>2^ per cent of all our exports and imports ; in 1850, 72-j!^ ; in i860, 66-j^ ; in 1870, 3Sr*Tr; i" 1880, 17^*,; in 1882, 15^. The citizen of New York, looking beyond his State and all her efforts in the interest of commerce and national growth, will naturally inquire concerning the causes of this decadence of American shipping. While he sternly demands of his home government the exact limitation of taxation by the needs of the State, he will challenge the policy that accumulates millions of useless and Public Papsbs of Governor Cleveland. 59 unnecessary surplus in the national treasury, which has been not less a tax because it was indirectly but surely added to the cost of the people's life. * Let us anticipate a time when care for the people's needs as they actually arise, and the application of remedies, as wrongs appear, shall lead in the conduct of national affairs ; and let us undertake the business of legislation with the full determination that these principles shall guide us in the performance of our duties as guardians of the interests of the State. GROVER CLEVELAND. MESSAGE RELATING TO EXECUTIVE CLEMENCY. State of New York. EXECUTIVE CHAMBER, Albany, January 2^ \ 23, 1884.) To the Legislature: The Constitution requires that the Governor shall annually communicate to the Legislature each case of reprieve, com- mutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve. I herewith submit the information thus required, and further state that the number of applications presented for execu- tive clemency was four hundred and forty-nine ; number of pardons granted, thirty-nine ; number of commutations granted, seventeen ; number of respites, one ; number of cases denied, one hundred and eighty-one, and number of cases pending, two hundred and eleven. GROVER CLEVELAND. [For details, see Appendix.] 60 Public Papers of Governor Cleveland. VETO, ASSEMBLY BILL No. i, TO AUTHORIZE ULSTER COUNTY TO ISSUE BONDS. State of New York 'TIVE CHA Albany, January 28 EXECUTIVE CHAMBER, | 1884. \ To the Assembly : I return, without approval. Assembly bill No. i, entitled "An act authorizing the Board of Supervisors of Ulster county to issue bonds to meet and pay a portion of the bonds of said county, falling due March first, in the year eighteen hundred and eighty-four, and ratifying and confirming the resolution of said board to issue said bonds, passed at its annual session for the year eighteen hundred and eighty- three." I was induced to approve a bill passed by the last Legis- lature, authorizing the issue of bonds by the county of Ulster for fifty thousand dollars, payable in the year 1895, to retire bonds of the same amount falling due on the first day of March, 1883, upon the understanding that peculiar and exceptional reasons existed which made the enactment of a special law for that purpose proper, and that another appli- cation of the same kind would not be made to the Legislature. The bill now before me authorizes the issue of the bonds of the county for seventy-five thousand dollars, payable in 1896, to retire that amount of bonds falling due on the first day of March, 1884. I am not at all satisfied with the reasons given for the extension of this indebtedness, instead of its payment. As a general proposition, I believe that public as well as private debts should be paid as they mature. But my chief objection to this bill is based upon the fact Public Papers of Governor Cleveland. 61 that if a postponement of the payment of the bonded indebt- edness of a county is deemed wise and proper, a general law was passed in the year 1878, by which the same can Tie accomplished by its board of supervisors ; and it appears that resolutions have been passed by the supervisors of Ulster county, fully authorizing the issues of the bonds pro- vided for by this bill. The statute referred to seems to me sufficient and effective ; an4 if it has imperfections, they should be remedied by amendment. In any event, the responsibility of transferring the burden of indebtedness now due to those who shall be taxpayers in the future, should rest entirely upon the local authorities having the interest of the county in their keeping. The argument which has been presented to me, that pros- pective investors in the bonds to be 'issued will deem them more desirable if specially authorized by an act of the Legis- lature, should have no weight. A plain, simple, general law, has been provided, under which these bonds may be issued, which is apparently suffi- cient for other counties which desire to postpone the pay- ment of their indebtedness. If the whims of those who may desire to invest in Ulster county bonds are to excuse the passage of this statute, all efforts to check special and unnecessary legislation of the most mischievous character may well be abandoned. The evils attending the relaxtion of the rule which refuses all special legislation in cases provided for by general laws, is illustrated by the presentation of this^ill, which I suppose to be the result of favorable action upon a similar measure at the last session of the Legislature. GROVER CLEVELAND. 62 Public Papers of Oovbrnob Glevmland. MESSAGE TRANSMITTING THE ANNUAL REPORT OF THE CIVIL SERVICE COMMISSION. Statk of New York. EXECUTIVE CHAMBER, 1 Albany, January 31, 1884. | To the Legislature : I have the iionor to transmit herewith the first annual report of the New York Civil Service Commission. I desire to call attention particularly to the proposed amendments of the existing law, which will be found at the close of the report. They are such as the experience of the Commissioners has led them to suggest as proper and desirable to complete and render more effective the system of civil service reform, to which the State is fully committed. Their importance should lead to their careful considera- tion at an early day. GROVER CLEVELAND. MESSAGE, SPECIAL, REPLYING TO SENATE INQUI- RIES CONCERNING HARBOR MASTERS OF NEW YORK. State of New York. EXECUTIVE CHAMBER, Albany, February 11, 1884. To the Senate: I acknowledge the receipt of a copy of the following reso- lution, adopted by the Senate on the sixth instant : "Resolved, That His Excellency the Governor be and he is hereby respectfully requested to transmit to the Senate, at his earliest convenience, any knowledge and information he may have in his possession as to the performance of the duties of I Public Papers of Oovernoir Cleveland. 63 the captain of the port and harbor masters of the po,rt of New York, by the dock department, or its subordinates, since the 24th day of May, 1883." In the annual message which I transmitted to the Legisla- ture at the beginning of its present session, pursuant to constitutional requirement, I ventured to recommend the abolition of the offices of captain of the port and harbor masters, and that the duties devolved upon these officials should be transferred to the department of docks in the city of New York. In advocating this change, and as proof that it was entirely practicable, the following language was used : " It appears from statements made to me that this service has been assumed by this department and substantially performed under its direction during the past season." This declaration was officially and deliberately made, and I am not aware that it should be modified ; the statements upon which it was based I then believed to be true, and I have no reason to doubt them now. Such declaration may, therefore, at this time, be reiterated as a response to the resolution which has been submitted to me. I hope that I should not be justified in assuming that the Senate seeks to pass judgment upon the weight which I should give to the evidence presented to me upon this subject. I fully appreciate the fact that if I am misled by insufficient proof or by an improper estimate of its value, I alone must bear the responsibility and meet the consequences. The resolution before me is silent as to the purpose of its adoption. If it had its rise in the pendency of pro- posed legislation involving an inquiry touching the per- formance of the duties pertaining to the offices of captain 64 Public Papers of Governor Cleveland. of the port and harbor masters, I beg to remind the Senate that the facts necessary to intelligent action are easily derived from official sources, other than the Executive Department. If such legislation shall be presented to me for official action, it will be my plain duty to avail myself of all the knowledge and information I now possess, or which I may be able to acquire, in order that I may be rightly guided in the discharge of constitutional obligations. Until that point is reached, I am impressed with the idea that the proprieties are better preserved if the Legislature acts with- out interference, or a detailed presentation of facts touching pending legislation, on the part of the Executive. If facts in his possession, or reasons which seem to him sufficient, lead him to differ with the Legislature, a time has wisely been designated by the Constitution when such facts and reasons shall be submitted to that body for its examination and review. I can hardly think it well to anticipate the time thus fixed. I desire to do all that the utmost courtesy to the Senate implies, and disclaim any disposition to refuse proper aid in the discharge of its duties ; but I am of the opinion that a more detailed answer to the resolution now submitted to me, than has already been given, might confuse our rela- tions to legislative action, and establish a precedent that would hereafter lead to mischief and embarrassment. GROVER CLEVELAND. Public Papers of Governor Cleveland. 65 VETO, ASSEMBLY BILL No. 4, RELATING TO RAIL- ROADS AND PARKS IN CERTAIN PORTIONS OF NEW YORK CITY. State of New York. EXECUTIVE CHAMBER, ) Albany, February 20, 1884. \ To the Assembly : I herewith return, without my approval. Assembly bill No. 4, entitled "An act to prohibit the taxing of any rail- road in, on or under, or the laying upon or excavation or tunneling of any public park north of Amity or West Third street, west of Broadway and south of Thirty-fourth street in the city of New York." It is conceded that the only public park to which the provisions of this bill apply, is known as Washington Square or Washington Parade Ground ; and the object of the bill is to prevent the construction of any railroad within a tun- nel under said park. By chapter 380 of the Laws of 1878, it is provided that this park " shall be used in perpetuity as one of the public parks or squares or places of the city, and shall be kept by the department of public parks in proper order, orna- mented and protected for the public use as a public park, and for no other use or purpose whatsoever." Chapter 582 of the Laws of 1880, which authorizes the building of tunnels for railroad purposes, declares that nothing in said act shall be construed to repeal the statute of 1878 above referred to, "or to authorize the use or occu- pation by any company or companies, of any public park or square in any city or village of this State for any of the pur- poses of this act, or to* permit the construction of an open 5 66 Public Papers of Qovebnob Cleveland. cut railroad in or through any street or public place in any such city or village, but any road constructed under the pro- visions of this act in or through such street or public place, shall be wholly underground and constructed in a tunnel and not otherwise." It is evident that the park, which it is the object of this bill to protect, is well defended from disturbance by existing statutes. If any point remains unguarded, it is a possibility that a railroad may be constructed in a tunnel under such park ; and this is prohibited by the proposed bill. The parks and public places within the city of New York should be reasonably protected; and if this bill prohibited the construction of a railroad beneath the soil of the park in question, in a manner or at such a depth as would injure or destroy its trees or other ornamentations, the question would be whether the park should be sacrificed for such a purpose. But the prohibition is against any construction under the park, though it should be at a depth that would positively insure against damage or destruction. This, it seems to me, is unnecessarily broad and sweeping. Such a provision might prevent a construction underground that would be valuable to the public and which would not in any way impair the beauty and usefulness of the park. GROVER CLEVELAND. PvBLic Papubs of Governor Cleveland. 67 VETO, ASSEMBLY BILL No. 123, TO CHANGE THE NAME OF THE SPRING SUPPLY WATER CO.M- PANY OF ONEIDA. State of New York. EXECUTIVE CHAMBER, 1 Albany, February 25, 1884. ) To the Assembly: I herewith return, without my approval, Assembly bill No. 123, entitled "An act to change the name of the Spring Sup- ply Water Company of Oneida, New York, to the Warner Water-works." I am at loss to discover any reason why the appropriate name which this corporation first adopted should be changed as proposed, unless it is to give notoriety to an individual or his achievements. But if there are any sufficient grounds for such a change it can be accomplished under existing statutes by an applica- tion to the Supreme Court for that purpose. This bill, it seems to me, is a specimen of most objection- able and useless special legislation, which- should be rejected on its first appearance. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 232, RELATING TO THE PRISON LABOR COMMISSION. State of New York. EXECUTIVE CHAMBER, Albany, March 3, 1884. To the Assembly: I hereby return, without approval. Assembly Bill No. 232, entitled "An act to amend chapter twelve of the Laws of 68 Public Papers of Oovebnor Glevmland. eighteen hundred and eighty-four, entited 'An act to pro- vide for a commission to examine into the operation of the contract labor system in the prisons, penitentiaries and reformatories in this State.' " The original act which this bill seeks to amend provides that the commissioners appointed by virtue thereof shall hold their oflfices until the ist day of March, 1884, and that their report shall be made to the Legislature not later than that date. The bill now before me so amends this act as to provide that the terms of the commissioners shall continue until their report is made, which it is declared shall be done at the earliest practicable date consistent with the performance of their duties. The amendatory bill was passed by the Senate on the first day of March, and was presented to me between two and three o'clock in the afternoon of the same day. If the terms of these commissioners, under the original law, expired with the twenty-ninth day of February, it seems to be conceded that, they being out of office on the first day of March, an amendment passed on that day would fail to reinstate them or continue their powers as commissioners. But the bill was passed upon the theory that the commis- sioners appointed under the original act, held their offices till the close of the first day of March, and that therefore their terms might be extended by legislation receiving Executive approval on that day. The examination I was able to give the question, during the few hours left me to act upon the bill, convinced me that the limitation of the term, by the words, "until the first day of March," excluded the latter day, and that the offices expired with the close of the twenty-ninth day of Public Papers of Governor Cleveland. 69 February. I am led to this conclusion by the natural import of the words, by a decision of the Court of Appeals, covering, I think, the exact point, by a reference to the language of other statutes, and by the opinion of able law- yers with whom I have consulted. If this view is correct, my approval of the bill under consideration would not accomplish the result desired ; and if the commission is to be revived it must be done by other legislation. I have, therefore, determined not to approve the measure. There are some other objections to the bill, which, in view of the fact that the Legislature will probably deem it wise to restore the commission, and that prompt action will be taken for that purpose, may well be here noticed. There is no provision made for filling vacancies in the commission, nor is there any appropriation of money to pay its expenses. The propriety of supplying these defects is quite apparent. They existed in the original bill, which was approved by me, but as they were not necessarily fatal I was not willing to delay the work of the commission by interposing a veto. When the original bill was approved, no law had been passed abolishing the contract labor system, and it was not supposed that this would be done until the report of the commission should be presented. In this condition of affairs the commissioners might well be invested with the powers and duties defined and limited in sections two and three of the act authorizing their appointment, as follows : § 2. The said commission is hereby authorized and empow- ered to examine into and report upon the practical operation of the contract system for the employment of convicts in the State prisons, penitentiaries and reformatories of this State, 70 Public Papers of Governor Cleveland. as now required by law, and particularly as to the effect of such employment upon prison management and discipline, upon the prisoners and upon the community at large ; and for such purpose the said commissioners or any of them shall have full power and authority to enter any and all such institutions at all times, and shall have power to examine witnesses and to send for and examine books and papers. § 3. The said commission shall report their conclusions, with such recommendations as they may deem proper, as to the best method of employing such convict laboi", to this Leg- islature, not later than the first day of March, etc. It will thus be seen that almost the entire scope of the duties required of the commissioners, and the powers vested in them, had reference to an examination concerning the then existing system of contract convict labor. The people had condemned this very system at the polls, and by an emphatic majority had declared that it should be abolished. The Legislature had the power and the right, if they saw fit, to make further inquiry by means of the com- mission, before they complied with the demands of the people thus expressed. But before the commissioners were well under way the Legislature, almost unanimously, passed a bill abolishing the contract labor system. This bill has, to-day, received executive approval ; and by virtue of such enact- ment the vexed question of contract convict labor is disposed of and settled. The bill now under consideration is objectionable, because it continues and re-enacts the provisions of the original act, by which the commissioners are directed to examine into the merits of the contract system, which has been abolished, instead of requiring them to devote all their attention to the selection of a substitute therefor. The title of the bill should be changed, and the powers Public Papers of Oovernor Cleveland. 71 and duties of the Commissioners should be strictly confined to such an examination as will enable them to report a satis- factory and economical plan, to be adopted in lieu of Irfie abolished contract system. Manifestly, this is all that remains in connection with this subject, and it most urgently demands the immediate and serious attention of the Legislature. All concede, I believe, that the prisoners should be in some manner employed, and that they should not be maintained in idleness, entirely at the expense of the public. The workingmen and manufacturers who are, or honestly believe themselves to be, injured by contract convict labor, have made their demands in good faith and their demands have been complied with by the abolition of the system of which they complained. Abundant opportunity has been afforded parties and individuals to gain such partisan and personal advantage as the subject has been supposed to offer; and it seems to me that now the interests of the taxpayers of the State should be considered. It will, I think, be generally conceded that the substitution of any new plan for the employment of convict labor will increase taxation and sacrifice the self-supporting feature of our penal institutions; in any event this must be the result in the first stages of its operation. The fact may well be recalled that a little more than six years ago, the people were taxed more than seven hundred thousand dollars for the maintenance of our prisons. I am bound to assume that the change of system determined upon, will Justify an increased taxation ; and while this branch of the question should be fairly met, the plan should be selected that will be efficient and still increase in the least amount the burdens of the taxpayers. 72 Public Papers of Governor Cleveland. I am decidedly of the opinion, too, that if the commis- sioners are to be retained by new legislation, they should be required to report to the present Legislature. If they are relieved from the duty of examining all the branches of inquiry connected with the subject of contract convict labor, and address themselves to the task of simply prepar- ing a new plan for adoption in its stead, their labors will of course be much shortened and made easier. A number of investigations which have already been made will afford them aid, and the results of the thorough examinations just completed by the commissioner of statistics of labor are at their command. I am informed that in one prison a contract for the labor of two hundred and ten convicts will expire on the last day of the present year, and another for two hundred and sixty- five on the 28th day of February, 1885. Some means should certainly be devised in advance of the expiration of such contracts, to keep these four hundred and seventy-five con- victs employed. This is necessary as well for their own good and the discipline of the prison, as from motives of economy. There should be no chance taken of their continued idleness while another Legislature, to a great extent new to the sub- ject, is settling upon a plan for their employment. In justice to the counties having penitentiaries where con- victs are employed, this question should be speedily settled. They receive prisoners from adjoining counties and make contracts for their custody, based, to a great extent, upon the manner in which their labor may be utilized. I have no doubt that the commissioners heretofore appointed, if the range of their inquiries is limited simply to the presentation of a plan for convict labor, can readily report to this Legislature without any extension of the Public Papers of Oovernob Cleveland. 73 session for that purpose. I think the Legislature should agree with me on this subject, since the commissioners were allowed by the original bill only three weeks to report con- cerning subjects involving an infinitely broader field of inquiry than that now proposed. But in any event the Leg- islature should remain in session till this very important matter is disposed of and an end put to agitation on the subject. And inasmuch as it appears to be quite certain that any change of system will involve expense to the State, the amount of such expense should be ascertained and the neces- sary appropriation made therefor. Though, under existing laws, the Superintendent of Prisons might have authority to employ the convicts, temporarily, in some of these institutions, this course would necessitate the expenditure of considerable sums of money, without reach- ing the reformatories and protectories, which are not under the control of the superintendent. I hope that prompt action on the part of the Legislature will result in the speedy passage of a law which, in a sensible and business-like way, will limit to the lowest amount the increased taxation likely to follow from a change in the man- ner of employing convict labor, and which, at the same time, will remedy any abuses and defects of the system which has been abolished. GROVER CLEVELAND. 74 Public Papmrs of Govbbnoe Cleveland. MESSAGE, SPECIAL, RECOMMENDING INVESTIGA- TION OF EXPENSES INCURRED IN REPAIRING ARMORIES AND ARSENALS. State of New York. EXECUTIVE CHAMBER, 1 Albany, March 6, 1884. j To the Assembly : I deem it my duty to call the attention of the Assembly to the fact that in a recent examination which has been made touching the repairs made to certain armories and arsenals of the State, a condition of affairs has been devel- oped which indicates with reasonable certainty that the amounts charged and paid for such repairs have been grossly excessive, and that the moneys of the State have been wrongfully obtained by means of -false and misleading vouchers and fraudulent devices. The particulars of these allegations will not be here detailed ; but evidence is at hand which, in my judgment, justifies me in recommending a thorough and rigid exam- ination of all the facts connected with the repairs above mentioned, to the end that if the State has suffered wrongs, they may be redressed, and if the public funds have been improperly obtained, they may be recovered. I therefore respectfully request that a committee of the Assembly may be appointed, which shall be authorized and directed to investigate, concerning all repairs made at the expense of the State on arsenals and armories, and that they report thereon within such reasonable time as may be fixed. GROVER CLEVELAND. Public Papers of Governor Cleveland. 75 VETO, SENATE BILL No. 117, TO CHANGE THE NAME OF THE "ASSOCIATION FOR THE BENEFIT OF COLORED ORPHANS." State of New York. EXECUTIVE CHAMBER, 1 Albany, March 6, 1884. [ To the Senate : I hereby return, without approval, Senate bill No. 117, enti- tled "An act to change the corporate name of the Association for the Benefit of Colored Orphans in the city of New York, to the Colored Orphans' Asylum and Association for the Benefit of Colored Children in the city of New York." I have once before refused, during the present session of the Legislature, to approve a bill of this character, upon the ground that the desired purpose can be accomplished by application to the court under laws already existing. The bill now presented to me should be dealt with in the same manner and for the same reason. By section i of chapter 322 of the Laws of 1870, as amended by chapter 280 of the Laws of 1876, i* is provided as follows: "Any incorporation, incorporated company, society or asso- ciation, organized under the laws of this State, excepting banks, banking associations, trust companies, life, health, accident and fire insurance companies, may apply at any Special Term of the Supreme Court, sitting in the county in which shall be situated its chief business office, for an order to authorize it to assume another corporate name." GROVER CLEVELAND. 76 Public Papfjbs of Qovmrnob Cleveland. VETO, SENATE BILL No. 35, AMENDING CHARTER OF SKANEATELES. State of New York. EXECUTIVE CHAMBER, March 10, 1884. To the Senate: I herewith return, without approval, Senate bill No. 35, entitled "An act to amend chapter six hundred and twenty- one of the Laws of eighteen hundred and fifty-seven, entitled 'An act to condense and amend the several acts incorporat- ing or relating to the village of Skaneateles.' " At the last session of the Legislature, a bill was passed for the purpose of amending the charter of the village of Skane- ateles, so badly constructed and unintelligible that I could not approve it. At the present session another bill was passed on the same subject, in which the vices of the former were so faithfully preserved,. that it was withdrawn from my hands for amendment. As amended, it is how before me again, but still so imperfect that I think it should not become a law. ' It provides for the election of a street commissioner, and his powers and duties are defined ; but sections of the original law are left untouched, devolving almost identical powers and duties upon other persons. This cannot fail to beget uncertainty and confusion. Another provision of the bill vests the trustees of the village with the power to establish and maintain a police force. A chief of police is mentioned and he is given cer- tain powers, but no other members of the proposed force are provided for ; while sections of the original charter making the president of the village the head of the police. Public Papers of Governor Cleveland. 77 and authorizing the board of trustees to appoint one or more police constables, remain unaltered. Section five of the bill provides for the amendment of subdivision ten of section three of title five of the original charter. There is no such subdivision of the section mentioned, and it is evident that a mistake has occurred through carelessness in drafting the bill. The original charter contains a very wholesome and proper prohibition against the borrowing of money by the village, or the incurring of liability. An amendment proposed in this bill, though its language is somewhat obscure, permits, I think, the greatest latitude in this direction. Without referring to other imperfections, it is evident that this bill is no better, and, perhaps, not much worse, than many of the same nature which are prepared without a very clear idea of their necessity, introduced without knowledge of their contents and passed with but little examination. The bills amending village charters that are so constantly and upon slight pretexts presented to the Legislature, con- sume much time to very little purpose, and they should be rejected as often as it can be done without absolute injury. The general laws which have been passed authorizing the incorporation of villages, it seems to me, meet every con- ceivable need of these communities ; and if the provisions of such laws were made applicable to villages having special charters, so far as they are not in conflict therewith, much trouble and annoyance would be prevented, and the people of the villages within the State would be abundantly protected. I earnestly recommend that a law be passed for that purpose. GROVER CLEVELAND. 78 Public Papers of Governor Cleveland. VETO, ASSEMBLY BILL No. 156, RELATING TO COUNTY TREASURERS. State of New York. EXECUTIVE CHAMBER, 1 Albany, March 14, 1884. ) To the Assembly : I return, without approval, Assembly bill No. 156, entitled "An act to amend chapter four hundred and thirty-six of the Laws of eighteen hundred and seventy-seven, entitled 'An act in relation to county treasurers,' as amended by chapter five hundred and eighty of the Laws of eighteen hundred and eighty." Chapter 436 of the Laws of 1877, contains valuable pro- visions limiting the receipts of county treasurers to a fixed salary, and giving to the counties the benefit of interest on moneys deposited and certain fees and perquisites, which had theretofore been claimed by the county treasurers. This statute also contains other provisions touching these public officers,'' defining distinctly their duties and responsibil- ities in their relations to the people. It is a law altogether in the direction of better government. The only objectionable section was the last one, numbered ten in the original statute, which read as follows: "§ 10. Nothing herein contained shall apply to the counties of Monroe and Seneca." Every year thereafter, up to 1880, this section was amended by adding counties to those excepted, until at that time twelve counties had been taken out of the operation of the law. On the 8th day of May, 1880, the act was amended by Public Papers of Governor Cleveland. 79 adding a section to be called section ten, containing import- ant provisions entirely disconnected with the exception of any counties, and the original section ten, containing such exceptions, was changed to section eleven, and amended so that it was restored to its original reading as quoted above, which only excepted the counties of Monroe and Seneca ; and from that time the section of the act of 1877, relating to excepted counties, became section eleven instead of ten. On the 2Sth day of June, 1880, a law was passed amend- ing section ten of the law of 1877, so that it should read as follows : " § 10. Nothing herein contained shall apply to the counties of Sullivan, Putnam, Greene, Monroe, Onondaga, Columbia, Seneca, Essex, Delaware, Cortland, Queens, Madison, Oswego, Rensselaer, Livingston and Erie." The effect of this legislation was to strike out the new section ten, which had- a few days before been inserted in the original law, and substitute in lieu thereof a pro- vision excepting sixteen counties from the operation of the original law. Both in 1881 and 1882, the first section of the law of 1880 was amended by providing, in effect, that it should amend section eleven of the law of 1877, instead of section ten. While, therefore, by these last acts the mistake in the law of 1880 was corrected, the bill now before me, which amends section ten of the law of 1877, as amended by the law of 1880, restores the erroneous condition of things as they existed after the passage of the law of 1880, as above explained, with the county of Fulton added to the counties excepted. 80 Public Papers of Oovernob Cleveland. Of course this mistake is sufficient reason for rejecting the bill. And if it only accomplished the exception of another county from the operation of the original law of 1877, I should be inclined to withhold my approval of the bill, for the reason that in my opinion treasurers of all the counties should be limited and restrained by the wise and wholesome provisions of such original law. GROVER CLEVELAND. MEMORANDUM FILED WITH SECRETARY OF STATE AND ACCOMPANYING ASSEMBLY BILL No. 49, CONFERRING ADDITIONAL POWER UPON THE MAYOR OF NEW YORK. APPROVED. State of New York. EXECUTIVE CHAMBER, 1 17, 1884. \ Albany, March The interest which has been aroused regarding the merits of this bill, and quite a determined hostility which has been developed on the part of those entitled to respectful con- sideration, appear to justify a brief reference to the principles and purposes which seem to me to be involved in the measure, and an incidental statement of the process of thought by which I have been led to approve the same. The opponents of the bill have invoked the inviolability of the right of the people to rule themselves, and have insisted upon the preservation of a wise distribution of power among the different branches of government ; and I have listened to solemn warning against the subversive tendency of the concentration of power in municipal rule, and Public Papers of Governor Cleveland. 81 the destructive consequences of any encroachment upon the people's rights and prerogatives. I hope I have not entirely 'misconceived the scope and reach of this bill ; but it seems to me that my determination as to whether or not it should become a law does not depend upon the reverence I entertain for such fundamental principles. The question is not whether certain officers heretofore elected by the people of the city of New York shall, under the provisions of a, new law, be appointed. The transfer of power from an election by the people to an appointment by other authority, has already been made. The present charter of the city provides that the mayor " shall nominate and by and with the consent of the board of aldermen, appoint the heads of departments." The bill under consideration provides that after the first day of January, 1885, "all appointments to office in the city of New York how made by the mayor and confirmed by the board of aldermen, shall be made by the mayor with- out such confirmation." The change proposed is clearly apparent. Py the present charter the mayor, elected by all the people of the city, if a majority of twenty-four aldermen elected by the voters of twenty-four separate districts concur with him, may appoint the administrative officers, who shall have charge and management of the city departments. The bill presented for my action allows the mayor alone to appoint these officers. This authority is not conferred upon the mayor now in office who was chosen without antici- pation on the part of the people who elected him that he should exercise this power, but upon the incoming mayor who, after the passage of the act, shall be elected with the 6 82 Public Papers of Governor Cleveland. full knowledge on the part of the people at the time they cast their votes, that they are constituting an agent to act for them in the selection of certain other city officers. This selection under either statute is delegated by the people. In the one case it is exercised by the chief execu- tive acting with twenty-four officers representing as many different sections of the municipality ; , in the other by the chief executive alone. I cannot see that any principle of democratic rule is more violated in the one case than in the other. It appears to be a mere change of instrumentalities. It will hardly do to say that because the aldermen are elected annually, and the mayor every two years, that the former are nearer the people and more especially their representatives. The difference in their terms is not suf- ficient to make a distinction in their direct relations to the citizen. Nor are the rights of the people to self-government in theory and principle better protected when the power of appointment is vested in twenty-five men, twenty-four of whom are responsible only to their constituents in their respective districts, than when this power is put in the hands of one man elected by all the people of the munici- pality with particular reference to the exercise of such power. Indeed in the present condition of affairs, if dis- agreement arises between the mayor and the aldermen, the selection of officers by the representatives of all the people, might be defeated by the adverse action of thirteen representatives of thirteen aldermanic districts. And it is perfectly apparent that these thirteen might, and often would, represent a decided minority of the people of the municipality. Public Papers of Governor Cleveland. 83 It cannot be claimed that an arrangement which permits such a result is pre-eminently democratic. ^ It has been urged that the proposed change is opposed to the principle of home rule. If it is intended to claim that the officers, the creation of which is provided for, should be elected, it has no relevancy ; for that question is not in any manner presented for my determination. And it surely can- not be said that the doctrine of home rule prevents any change by the Legislature of the organic law of municipal- ities. The people of the city cannot themselves make such change ; and if legislative aid cannot be invoked to that end it follows that abuses, flagrant and increasing, must be con- tinued, and existing charter provisions, the inadequacy of which for the protection and prosperity of the people is freely admitted, must be perpetuated. It is the interference of the Legislature with the administration of municipal govern- ment, by agencies arbitrarily created by legislative enactment, and the assumption by the law-making power of the State, of the right to regulate such details of city government as are, or should be, under the supervision of local authorities, that should be condemned as a violation of the doctrine of home rule. In any event I am convinced that I should not disapprove the bill before me on the ground that it violates any prin- ciple which is now recognized and exemplified in the gov- ernment of the city of New York. I am also satisfied that as between the system now pre- vailing and that proposed, expediency and a close regard to improved municipal' administration lead to my approval of the measure. If the chief executive of the city is to be held responsible for its order and good government, he should not be ham- 84 Public Papers or Oovernob Cleveland.. pered by any interference with his selection of subordinate administrative officers ; nor should he be permitted to find in a divided responsibility an excuse for any neglect of the best interests of the people. The plea should never be heard that a bad nomination had been made because it was the only one that could secure confirmation. No instance has been cited, in which a bad appointment has been prevented by the refusal of the board of aldermen of the city of New York to confirm a nomination. An absolute and undivided responsibility on the part of the appointing power accords with correct business principles, the application of which to public affairs will always, I believe, direct the way to good administration and the pro- tection of the people's interests. The intelligence and watchfulness of the citizens of New York should certainly furnish a safe guaranty that the duties and powers devolved by this legislation upon their chosen representative will be well and wisely bestowed ; and if they err or are betrayed, their remedy is close at hand. I can hardly realize the unprincipled boldness of the man who would accept at the hands of his neighbors this sacred trust, and standing alone in the full light of public observa- tion, should willfully prostitute his powers and defy the will of the people. To say that such a man could, by such means, perpetuate his wicked rule, concedes either that the people are vile, or that self-government is a deplorable failure. It was claimed, that because some of these appointees become members of the board of estimate and apportion- ment, which determines very largely the amount of taxation, therefore the power to select them should not be given to the Public Papers of Governor Cleveland. 85 mayor. If the question presented was whether officials hav- ing such important duties and functions should be elected by the people or appointed, such a consideration might well be urged in favor of their election. But they are now appointed and they will remain appointive whether the proposed bill should be rejected or approved. This being the situation, the importance of the duties to be performed by these officials, has to do with the care to be exercised in their selection, rather than with the choice between the two modes of appointment which are under consideration. For some time prior to the year 1872, these appointments were made by the mayor without confirmation, as is contem- plated by the bill now before me. In that year a measure passed the Legislature giving the power of appointment to the common council. The chief executive of the State at that time was a careful and thorough student of municipal affairs, having large and varied experience in public life. He refused to approve the bill, on the ground that it was a departure from the principle which should be applied to the administration of the affairs of the city and for the reason that the mayor should be permitted to appoint the subordi- nate administrative officers without the interference of any other authority. This reference to the treatment of the subject by one of my distinguished predecessors in office, affords me the oppor- tunity to quote from his able and vigorous veto message which he sent to the Legislature on that occasion. He said : " Nowhere on this continent is it so essentially a condition of good government as in the city of New York, that the chief executive officer should be clothed with ample powers, have full control over subordinate administrative depart- 86 Public Papers of Governor Cleveland, ments, and so be subject to an undivided responsibility to the people and to public opinion for all errors, short-comings and wrong-doings by subordinate officers." He al.so said : " Give to the city a chief executive, with full power to appoint all heads of administrative departments. Let him have power to remove his subordinates, being required to publicly assign his reason." He further declared : " The members of the common council, in New York, will exert all the influence over appointments which is consistent with the public good, without having the legal power of appointment or any part of it, vested in their hands." In 1876, after four added years of reflection and observa- tion, he said, in a public address, when suggesting a scheme of municipal government : " Have, therefore, no provision in your charter requiring the consent of the common council to the mayor's appointments of heads of departments ; that only opens the way for dictation by the council or for bargains. This is not the way to get good men nor to fix the full responsibility for mal-administration upon the people's chosen prime minister." These are the utterances of one who during two terms had been mayor of the city of New York and for two terms recorder of that city ; and who for four years had been governor of the State. No testimony, it seems to me, could be more satisfactory and convincing. It is objected that this bill does not go far enough, and that there should be a re-arrangement of the terms of these officers; also that some of them should be made elective. This is undoubtedly true ; and I shall be glad to Public Papers of Govbbnor Glbvbland. 87 approve further judicious legislation supplementary to this, which shall make the change more valuable and surround it with safeguards in the interests of the citizens. But such further legislation should be well digested and con- servative, and above all not proposed for the purpose of gaining a mere partisan advantage. I have not referred to the pernicious practices which the present mode of making appointments in the city of New York engenders, nor to the constantly recurring bad results for which it is responsible. They are in the plain sight of every citizen of the State. I believe the change made by the provisions of this bill gives opportunity for an improvement in the admin- istration of municipal affairs ; and I am satisfied that the measure violates no right of the people of the locality affected, which they now enjoy. But the best opportuni- ties will be lost and the most perfect plan of city gov- ernment will fail, unless the people recognize their responsibilities and appreciate and realize the privileges and duties, of citizenship. With the most carefully devised charter, and with all the protection which legislative enactments can afford them, the people of the city of New York will not secure a wise and economical rule until those having the most at stake determine to actively interest themselves in the conduct of municipal affairs. GROVER CLEVELAND. 88 Public Papers of Governor G level anb. VETO, ASSEMBLY BILL No. 177, AMENDING THE CHARTER OF THE CITY OF ALBANY. State of New York. EXECUTIVE CHAMBER, 1 Albany, March 26, 1884. ) To the Assembly : I return herewith, without my approval. Assembly bill No. 177, entitled "An act to amend section three of title two of chapter two hundred and ninety-eight of the Laws of eigh- teen hundred and eighty-three, entitled ' An act to provide for the government of the city of Albany, passed April twenty-third, eighteen hundred and eighty-three.' " This bill purports to amend the charter of the city of Albany. It has been in my hands once before and was recalled for amendments. The result is that it is now pre- sented to me in such a form that no sane man would attempt to interpret it. After providing that in case certain appor- tionments or assessments are set aside for irregularity, a new apportionment or assessment shall be made, the following language is used : " Provided that all bridges constructed on the line ot any street or avenue, or avenue culverts constructed over or along the line of any living constant stream of running water, and the maintaining and repairing of the same within the city limits ; and the amount of money required to defray the expense thereof, shall not exceed twenty thousand dollars in any municipal year, and said sum shall be raised by tax in the same manner as other city taxes are levied and collected ; also ordinary repairing the carriage-way at the intersection of all paved streets, and the carriage-way of all streets now paved or that may be hereafter paved with granite blocks or other kind of square stone pavements, and the repairing of Public Papers of Governor Cleveland. 89 the carriage-way of any unpaved earth, planked or macada- mized streets, and the cross-walks thereof, except as other- wise specially provided by law, or where by law the expense thereof is to be paid by some other corporation or individual, shall be charged upon said city ; and the amount of money required to defray the expense thereof, which (except in the case of the bridges and culverts) shall not exceed five thou- sand dollars in any municipal year, shall be raised by tax in the same manner as other city taxes are levied arid collected." A few more amendments of this description would make the charter of Albany a chaotic mass of absurdities. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 82, TO AUTHORIZE THE VENICE TOWN INSURANCE COMPANY TO CHANGE ITS PLACE OF BUSINESS. State of New York. EXECUTIVE CHAMBER, Albany, CHAMBER, ) IT, March 26, 1884. f To the Assembly : ' I return, without approval. Assembly bill No. 82, entitled "An act authorizing the Venice Town Insurance Company to change the location of its business office." I am not aware that there is any necessity for the passage of this bill. If the Venice Town Insurance Company desires to change the location of its business office from East Venice to Genoa, I think there is no objection to such a transfer. And if it is necessary or proper that such a change of loca- tion should be sanctioned by law, a general statute should be passed vesting in the directors of such institutions the power to make the change. GROVER CLEVELAND. 90 Public Pap ems of Qovebnob Cleveland. VETO, SENATE BILL No. 104, TO AUTHORIZE THE BALDWINSVILLE UNION FREE SCHOOL DIS- TRICT TO BORROW MONEY. State of New York. EXECUTIVE CHAMBER, ) Albany, April 7, 1884. j To the Senate : I return, without approval, Senate bill No. 104, entitled "An act to authorize the board of education of the Bald- winsville Union Free School District to borrow money." A general law has been enacted at the present session of the Legislature, being chapter 49 of the Laws of 1884, which permits the borrowing of money, and the issue of bonds therefor by the boards of education of union free school districts, when authorized by the voters of the dis- tricts, in cases like this provided for by the bill herewith returned. This enactment obviates the necessity of conferring such authority by special legislation. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 262, TO INCORPORATE THE CITY OF AMSTERDAM. State of New York. TIVE CI Albany, April 7, 1884. EXECUTIVE CHAMBER, \ To the Assembly : I return, without approval, Assembly bill No. 262, enti- tled "An act to incorporate the city of Amsterdam." This bill was first presented to me for my official action Public Papers of Governor Glevbland. 91 on the twentieth day of March last. A very slight examina- tion developed the fact that it contained various provisions which were objectionable, while the usual number of errors were apparent in its construction. At my suggestion the bill was recalled by the Legislature for amendment and cor- rection. Certain alterations having been made, the measure is again before me. It still contains provisions which I cannot approve. By section ninety, the city is authorized to appropriate the land necessary to make, lay out or open streets and other improvements. It is provided that notice of the determination to take such lands shall be given to the owners thereof, by publishing the same in two newspapers, once in each week for two weeks, in which shall be speci- fied a day on or before which such owners may file their claims for damages by reason of the taking of such lands. It is further provided that in case no claim shall be so filed, the owner of the land to be appropriated, shall be deemed to have waived all claim to damages, and to have consented and agreed to such improvement. I am of the opinion that these provisions do not answer the requirements of the Constitution, to the effect that pri- vate property shall not be taken for public use without just compensation. And if this were not so, I am entirely convinced that the plan proposed in this charter for the appropriation of land belonging to the citizen does not suffi- ciently protect private rights. Section ninety-five provides that in case the whole of any land subject to any lease or agreement shall be taken for such improvements, the lease or agreement shall, upon the confirmation of the assessment for such improvements, cease, determine and be absolutely void ; but that in case a part 93 Public Pap ems of Governor Cleveland. only of such land shall be taken, the county judge of Montgomery county " may, on application in writing of either or any of the parties interested in such lease or agreement, appoint three disinterested freeholders to determ- ine the rents, payments and conditions which shall be thereafter paid and performed under such lease or agree- ment in respect to the residue of such real estate ; and the report of the freeholders, or any two of them, on being con- firmed by the court, shall be binding and conclusive on all persons interested in such real estate." It is -hardly necessary to point out the injustice that would be likely to result from the opportunity given by one party to a contract without any notice to the other, to have men appointed to make a new contract binding and conclusive on all persons to be affected thereby. It seems to me to be in direct and flagrant violation of principle and right. Section ninety-six contains provisions relating to assess- ments for improvements which are of doubtful expediency, and which certainly appear to be much confused and entirely inconsistent with each other. Section one hundred and four of title ten attempts to pro- vide for the expense of maintaining a bridge between the town of Amsterdam and the town of Florida. In one part of the section it declares that the expense shall be borne by the proposed city and the town of Florida, in the ratio which the assessed valuation of the city property bears to that of the town ; but an amendment has been added to the section, which, if it means anything, establishes an entirely different standard by which the expense of maintenance shall be apportioned between the said city and town. Section one hundred and twenty-three permits " the mayor, recorder and aldermen, and each and every of them, and Public Papers of Governor Cleveland. 93 the constable and policeman " at any and all times to arrest, or cause to be arrested, with or without process, all vagrants or disorderly persons, or any person who may be found "by them committing any crime, misdemeanor or breach of the peace ; and it gives them power while in pursuit or search of any such person, to enter, or cause to be entered, with or without process, any building or place in said city. This section, if allowed to become operative would permit practices dangerous to the liberty of the citizen and sub- versive of his most valuable rights. There are other serious imperfections in this charter which will not be here specifically noticed. Since it was first pre- sented \o me, the village of Amsterdam has elected officers for the ensuing year, and I have no doubt the residents of the village, who do not appear to be unanimously in favor of the proposed change, will do quite well if they are obliged to live another year under a village government. It is well for the people living in villages, who are ambi- tious to secure a city charter, to understand that the enjoy- ment of urban residence necessarily entails a great increase of expense and taxation. This being the case, it would be proper, it seems to me, if such a change could not be made without a formal expression of the people on the subject. In any event the matter should be fully and freely discussed, and if a city charter is to be allowed, it should be prepared with the greatest care and deliberation, and solely in the interest of .those to be governed thereby. GROVER CLEVELAND. 94 Public Papers of Governor Cleveland. VETO, ASSEMBLY BILL No. 347, RELATIVE TO A CLAIM AGAINST THE CITY OF BINGHAMTON. State of New York. EXECUTIVE CHAMBER, Albany, April 8, 1884. \ To the Assembly: I return herewith, without approval, Assembly bill No. 347, entitled "An act to authorize the common council of the city of Binghamton to submit to the taxpayers of said city the question whether a judgment recovered against William Whitney, as superintendent of streets and city property, shall be paid by said city." This bill provides that the common council of the city of Binghamton shall order a special election, at which the question shall be submitted whether the sum of one thou- sand six hundred dollars and fifty-seven cents shall be paid by said common council to Edward L. Bennett, or his attorney, being the amount of a judgment obtained by said Bennett against William Whitney for an injury incurred on one of the streets of said city while the said Whitney was superintendent thereof. It is further pro- vided that if a majority of the votes cast at such election shall be for " Special Tax," the common council shall at once, if it shall deem best, pay the said judgment, or the amount thereof may be inserted in the next following tax roll of said city, to be collected as other taxes afe collected and paid over when so collected. I suppose the judgment which it is proposed to pay, if authorized by a majority of the voters, was recovered against the superintendent of streets for an injury sustained by the unsafe or imperfect condition of one of the streets under Public Papers of Governor Cleveland. 95 his charge, and that the recovery was based upon the negli- gence of such superintendent. It is quite clear that, under the bill, the judgm^t is to be paid with the money of the city derived from taxation. The charter of the city of Binghamton provides that the municipality " shall not be liable to any person or corporation for the malfeasance, misfeasance, nonfeasance or negligence of any officer or officers, agents, servants or employes who may be elected, appointed or employed pursuant to any of the provisions of this act." Under this charter, and presumably with fall knowledge of this unusual provision, which absolves the city from all liabil- ity for his neglect and makes him 90lely responsible for the same, ^he superintendent ac«^ted office. And whatever apparent hardship there ta&y be in his present condition, or whatever ijiclinatiow there may be on the part of a majority of the voters of the city to relieve him from the liability he has incurred, or to pay to the plaintiff in the judgment the amount of the same, it must be conceded that the object of this bill is to give the money of the city, in the absence of any obligation on its part, to an individual, or to allow the city to incur a debt for that purpose. This, it seems to me, cannot be permitted under section ii, article 8 of the Constitution of the State, which 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. * * * Nor shall any such county, city, town or village be allowed to incur any indebtedness, except for county, city, town or village purposes." Of course, if the project to pay the judgment mentioned in the bill, from the city funds, is within this prohibition of the 96 Public Papers of Governor Cleveland. Constitution, it is not aided by the affirmative vote oi a majority of the electors who may pass upon the question. There is now in the charter of the city of Binghamton a very broad provision permitting the raiging of money by special tax, after a favorable vote of the people, when two- thirds of the common council "shall be of the opinion that the interests of the city require the expenditure of money for any extraordinary or special purpose." There is reason to suppose that this existing provision of the charter could be made as effective to accomplish the purpose desired as the bill under consideration. In any view of the question, I am of the opinion that the bill is unconstitutional and should not become a law. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 143, AMENDING THE ACT INCORPORATING THE GENESEE CAMP GROUND ASSOCIATION. State of New York. EXECUTIVE CHAMBER, 1 Albany, April 9, 1884. j To the Assembly : I herewith return, without approval. Assembly bill No. 143, entitled "An act supplementary to chapter 252 of the Laws of 1857, entitled "An act to incorporate the Genesee Camp Ground Association.' " The original act by which this association was created, appoints nine trustees and provides the manner in which their successors may be elected, and fixes their terms of office. The bill herewith returned names in its first section nine Public Papers of Governor Cleveland. 97 other persons who are constituted trustees of this associa- tion in addition to those authorized by the original act. They are directed to meet during the annual meeting of the association in the present year and divide themselves into three classes of three members each. It is provided that the term of office of the first class shall expire at the annual session of the Genesee Conference of the Methodist Episcopal Church, held in the year 1884, and the term of the other classes respectively, at the same time in the years 1885 and 1886. The said conference is authorized to elect three trustees at its annual session in 1884, and the same number at every annual session thereafter to fill vacancies occasioned by the expiration of the terms of offices of the newly constituted trustees. I think the provision of the bill that the terms of the trustees therein named, shall expire at the annual session of the Genesee Conference is objectionable because it fixes an uncertain time for such expiration. Besides, there is absolutely no term fixed for such trustees as shall be elected by the Conference to fill the places of those named in the bill; and I see nothing to prevent the indefinite continuance in office of the trustees thus elected. This could not have been the intention of the promoters of this measure. I can see no advantage to be gained by the proposed increase of the trustees of this association; but if such increase is for any reason expedient, the nine trustees to be selected by the Conference should not hold their offices for life as against an equal number elected under the original law, who hold for a definite time, and who are selected by the parties apparently more immediately connected with the association. GROVER CLEVELAND. 7 98 Public Papers of Governor Cleveland. VETO, ASSEMBLY BILL No. 284, TO PROVIDE FOR THE DISSOLUTION OF RELIGIOUS, BENEVO- LENT AND OTHER ASSOCIATIONS. State of New York. EXECUTIVE CHAMBER, Albany, April 14, 1884, i To the Ass I return, without approval, Assembly bill No. 284, entitled " An act to amend chapter three hundred and nineteen of the Laws of eighteen hundred and forty-eight, entitled 'An act tor the incorporation of benevolent, charitable, scientific and missionary societies,' and the several acts amendatory thereof." This bill proposes to add to the law of 1848 two new sec- tions, which provide for the dissolution of all corporations organized by virtue of said act, and the application of the property owned by them, or the proceeds thereof, after pay- ment of debts, to any such religious, benevolfnt, charitable or other object or purpose, as the trustees, in a petition to be presented to the court, may indicate, and the said court shall approve. It provides that the proceedings may be instituted by a majority of the trustees or directors, when the corpora- tion shall cease to act in its corporate capacity, or is desirous of closing its affairs. A notice of the time and place of such intended application to the court is, by implication, required to be published once in each week for four weeks in two newspapers. This seems to be the only notice to be given to the stockholders or members of the corporation of the proposed movement. There is no provision that such stock- holders or members may interpose any objections or be in any manner heard, nor is any way pointed out for the court Public Papebs of Governor Cleveland. 99 to proceed in making an inquiry into the facts necessary to be established for a proper adjudication. And yet the object of the proceeding is not only to dissolve the corporation, but to devote the surplus of its property, after paying debts and the expense of the proceeding, to any object or purpose which the trustees may indicate and the court approve. The class of corporations affected by this bill, is by an amendment of the original law passed in 1881, authorized to hold real estate of the value of two hundred thousand dol- lars, and personal property to an equal amount. The property of such institutions is really beneficially vested, I suppose, in the members of the corporation ; and it is the duty of the trustees to manage the property and affairs of such corporation for the best interests of the mem- bers. They are not put in place to dissolve the corporation, nor to distribute its property. When that becomes proper or desirable, the movement should, in my opinion, be inaugu- rated by the members of the corporation. At all events, they should have ample opportunity to be heard in such cases before their corporation is dissolved and their property distributed, it may be, to an object or purpose entirely for- eign to the design of the corporation. Another objection to the bill is found in the fact that a mode is already provided for the voluntary dissolution of the corporations described therein by title eleven, chapter seven- teen of the Code of Civil Procedure. And if the features of this bill touching the diversion of the property of such institutions should be adopted, they ought to be much better guarded in the interests of the members of the cor- poration and incorporated in that chapter and title of the Code. GROVER CLEVELAND. 100 Public Papers of Governor Cleveland. VETO, SENATE BILL No. 88, RELATING TO CERTAIN STREETS IN TROY. State of New York. EXECUTIVE CHAMBER, \ Albany, April 21, 1884. f To the Senate : I return herewith, without approval. Senate bill No. 88, entitled "An act to amend section nine of title four of chapter one hundred and twenty-nine of the Laws of eighteen hun- dred and seventy-two, as amended by section nine of- chapter eight hundred and thirteen of the Laws of eighteen hundred and seventy-three, relative to the city of Troy." This bill amends a section of the charter of the city of Troy, which directs that the expense of widening a street shall be assessed upon the property benefited thereby, by adding to said section a provision that if the common council of the city shall order the widening of Jacob and North Third streets, where they intersect, the expense thereof shall be assessed upon the whole city. The insertion in the charter of a city of provisions which only relate to a single emergency or supposed necessity, and which after the same are answered, become useless surplus- age, is exceeding objectionable. A charter, which is the fundamental law of a municipality, should, ordinarily, con- tain only general provisions, applicable to all the needs of the city, and should not be amended to suit a single case. The widening of the streets mentioned, if necessary at all, has been rendered' so by the occupancy of one of said streets by the tracks of a railroad company. The effect of the amendment proposed in this bill is to release the said com- pany from a part of the expense of the improvement, which. Public Papers of Governor Cleveland. 101 by the present charter, would be assessed upon it, and charge the same upon all the taxpayers of the city. It seems to me that the corporation which, for nearly twenty years, ftas enjoyed the privilege of occupying this street with its tracks, , should not escape, by special legislation, any part of its share of taxation consequent upon the necessary restoration of such street to its usefulness as a public highway. I am confirmed in my opinion that this bill should not become a law by the objections of the local authorities of the city of Troy, as represented by its mayor and city attorney, both of whom have protested against the measure. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 362, TO AUTHORIZE THE TOWN OF WESTCHESTER TO BORROW MONEY. State of New York. rriVE c. Albany, April 2 EXECUTIVE CHAMBER, ) 3, 1884.) To the Assembly : I herewith return, without approval. Assembly bill No. 362, entitled "An act authorizing the town of Westchester to borrow money to improve therein highways.'' The bill provides that a sum not exceeding sixty thousand dollars may be borrowed by the town of Westchester at any time within five years, to be applied toward the improve- ment of such highways as certain commissioners, to be appointed by the supervisor of said town, may direct. It is further provided that the bonds of the town for the money so borrowed shall be issued by the supervisor in such sums as shall be directed by the said commissioners, upon their 102 Public Papers of Governor Cleveland. / certificate that the amount for which bonds are required to be issued is due and owing, or that contracts have been made by them for such amount. In case vacancies occur in the commission, the same are to be filled by the surviv- ing members thereof. The scheme thus provided for this large increase of town indebtedness seems to me to ignore the taxpayers affected thereby, and to be very objectionable. The supervisor creates the commission which dictates the amount to be borrowed, and the time when bonds shall be issued therefor, and selects the localities where the money thus raised shall be spent. I do not see that the people, except as it may be claimed that they are represented by the supervisor, have any hand in the matter except to pay the taxes. This town has already a large bonded indebtedness and its taxpayers are grievously burdened ; for their actual necessities no such expenditures for highway purposes as are contemplated by this bill are required ; and in large numbers the inhabitants of the town, who would be com- pelled to bear the increased taxation, remonstrate against this bill becoming a law. These reasons seem to abundantly justify my disapproval of the measure. GROVER CLEVELAND. Public Papebs of Governor Cleveland. 103 VETO, ASSEMBLY BILL No. 437, RELATING TO THE API^OINTMENT OF BRIDGE TENDERS IN ROCHESTER. * State of New York. EXECUTIVE CHAMBER, ) Albany, April 25, 1884. ) To the Assembly : I return, without approval, Assembly bill No. 437, entitled "An act in relation to the appointment of. bridge tenders on swing or lift bridges in the city of Rochester." This bill authorizes the executive board of the city of Rochester to appoint the tenders of the swing or lift bridges over the canals in that city; and provides that if complaint is made by the State officers having charge of the canals that such tenders are not performing their duties satisfactorily, they shall be removed and others appointed by said board. These bridge tenders are charged with the immediate care and management of the swing and lift bridges con- structed over the canals ; and it is their duty to draw or lift such bridges to enable all boats navigating the canals to pass. Such bridges are constructed only by consent of the State, as represented by the superintendent of public works ; and the sole object of the appointment of bridge tenders is to permit the navigation of the canals, which otherwise would be prevented by these bridges. Section three of article five of the Constitution of the State provides that persons " employed in the care and management of the canals" (with certain exceptions which do not include bridge tenders), "shall be appointed by the superintendent of public works, and be subject to suspension or removal by him." 104 Public Papems of Governor Cleveland. I am of the opinion that the duties devolved upon the persons whose appointment is vested in the ejffecutive board of the city of Rochester by the terms of the bill under con- sideration, are such that they should be regarded as " persons employed in the care and management of the canals," and that the Constitution does not permit their appointment by any authority except the superintendent of public works. Chapter 488 of the Laws of 1881, permits the erection of bridges over the canals by towns, cities and villages only with the consent and under the direction of the superintend- ent of public works, and provides that if by reason of any such bridge being a hoist, lift or swing bridge, the constant attendance of bridge tenders shall be required to manage and work said bridge, the superintendent of public works shall alone have the power of appointment and removal of such tenders. And the permit given by the superintendent for the erection of such bridges uniformly contain a provision that they shall be maintained and operated under his control and supervision. It is thus shown to be the policy of the State that these structures, the proper operation of which is so essential to the successful management of the canals, and the careless or improper operation of which might result in damage to individuals, for which claims would be made against the State, should be in charge of its servants and agents selected and approved by its officers. This is so manifestly proper and prudent that it seems to me very important that the present control of the State over the operation of these bridges should not be impaired. GROVER CLEVELAND. Public Papers of Oovmrnor Cleveland. ,105 VETO, ASSEMBLY BILL. No. 483, APPROPRIATING MONEY FOR THE ORANGE COUNTY REFER- ENCE LAW LIBRARY. State of New York. EXECUTIVE CHAMBER, Albany, April \ ■il 28, 1884. ) To the Assembly : I return, without approval. Assembly bill No. 483, entitled " An act to amend chapter four hundred of the Laws of eighteen hundred and eighty, entitled ' An act making appropriations for the several judicial district libraries.' " The law which this bill amends appropriated from the funds of the State nearly fifteen thousand dollars for the purchase of books for ten different law libraries, which, from time to time, have been established and are now maintained by the State. The particular section amended by the bill before me appropriates six hundred dollars to be paid annually to each of said libraries. The amendment consists in adding the Orange County Reference Law Library, located at the city of Newburgh, to those attempted to be provided for by the original law. But in the year 1881 the Legisla- ture, instead of regarding the limit of six hundred dollars fixed by its predecessor, again appropriated nearly fifteen thousand dollars for the purchase of books for this class of libraries. In 1882 it appears that but six thousand dollars was appropriated for such purpose, and in 1883 eleven thou- sand dollars was thus appropriated. So far as section three of the law of 1880, which is amended by this bill, can be considered as an appropriation, it could not bind, and was not even followed by subsequent Legislatures ; and by the terms of the Constitution no money 106 Public Pafjuss o-P Oovmbnor Glbvbland. could be paid out of the State treasury pursuant to such law, except within two years from the date of its passage. I consider this section of that law as spent and of no practical effect ; and if the amendment thereto proposed by the bill under consideration has any force, it simply operates as an appropriation of six hundred dollars to a law library, which for the first time seeks to gain a place among objects of the same character for which State fiinds are annually appropriated. There are seven law libraries owned by the State now in use by the several judges of the Court of Appeals, and there are at least nine others, one located in each judicial district, except the sixth, which seems to have two. It is possible that all are not included in this statement, but it must be agreed on, I think, that when the State maintains sixteen law libraries for the use of its lawyers and judges, such exceed- ingly questionable generosity should not be extended. GROVER CLEVELANEh VETO, ASSEMBLY BILL No. 315, AMENDING CHAP- TER 46 OF THE LAWS OF 1848, RELATING TO MANUFACTURING CORPORATIONS. State of New York. EXECUTIVE CHAMBER, 1 Albany, April 28, 1884. ) To the Assembly : I return Assemby bill No. 315, entitled "An act to extend the operation and effects of chapter forty-six of the Laws of eighteen hundred and forty-eight, entitled 'An act to authorize the formation of corporations for manufacturing. Public Papers of Oovebnor GlevmjjAN&. 107 mining, mechanical, chemical, agricultural, horticultural, medical or curative, mercantile or commercial purposes,' " without approval. The object of this bill is to promote the formation of corporations for the purpose of operating machinery for securing a uniform standard of time by means of a central clock, regulating and controlling subsidiary clocks, under the provisions of chapter forty of the Laws of 1848, which was originally entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes." This title was amended in 1866 in such manner as to read as recited in the title to this bill. But inasmuch as the act of 1848 is only mentioned as the law by which this new kind of corporation shall be governed, I think it should be referred to as a means of identification, by its original instead of its amended title. This course has been adopted, I find, in all the laws passed since the change of its title, extending its operation to other purposes. This law of 1848 has been amended so often, and in such a heedless way, that there seems to be quite some difficulty in discovering its exact condition ; and I judge by the various notes found at the foot of page 1731, volume two, second edition of the Revised Statutes, that it is not absolutely safe to rely upon it. In 1875, owing probably to the confusion in which the statutes on this subject were found, a law was passed for the formation of business corporations. This seems to be a plain and simple statute applicable to the formation of nearly every kind of corporation, and I suppose was really intended to take the place of all prior statutes on this subject. Under this law, the corporation sought to be 108 Public Papers of Governor Cleveland. authorized under the bill herewith returned, could be easily and much more safely organized without any legislation on the subject. GROVER CLEVELAND. MEMORANDUM FILED WITH SENATE BILL No. 296. THE STREET RAILROAD BILL. APPROVED. State of New York. EXECUTIVE CHAMBER, 1 Albany, May 6, 1884. ) Memorandum filed with Senate bill No. 296, entitled " An act to provide for the construction, extension, maintenance and operation of street surface railroads and branches thereof in cities, towns and villages'' Approved. This bill, in its various stages, has given rise to excep- tional discussion, and the hopes and expectations of many people regarding the action of the Legislature and of the executive in disposing of the measure have given me proof that extensive private interests are involved. Pain- ful rumors have been rife touching the methods employed by rival parties to accomplish legislative results. These, I hope, are baseless, but they have, I fear, led many honest men to believe that the measure is wholly iniquitous and vicious. I am inclined, for their information, to state, perhaps imperfectly, but as briefly as possible, the general features of the bill and some considerations which have constrained me to approve the same. The Constitution of the State prohibits the passage by the Legislature of any private or local bill " granting to Public Papmrs of Oovernor Olevbland. 109 any corporatioiv, association or individual the right to lay down railroad tracks." It is also therein provided that the Legislature shalf pass general laws providing for the cases enumerated in the section containing the above prohibition, and this requirement is supplemented by the following restriction : " But no law shall authorize the construction or opera- tion of a street railroad except upon the condition that the consent of the owners of one-half in value of the property bounded on, and the consent also of the local authorities having the control of that portion of the street or highway upon which it is proposed to construct or operate such railroad be first obtained, as in case the consent of such property owners cannot be obtained, the General Term of the Supreme Court in the district in which it is proposed to be constructed may, upon appli- cation, appoint three' commissioners, who shall determine, after a hearing of all parties interested, whether such rail- road ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners." It is apparent that any law which permits the laying down of a street railroad track must be general in its character, and not " private or local." It is also quite plain that, under the Constitution, the duty is enjoined upon the Legislature to provide, by law, for the construction of street railroads, and that any law passed for that purpose must be in accordance with the specifications of the Constitution above quoted. Not only is it the duty enjoined by the Constitution upon the Legislature to provide the people of the entire State with laws under which this means of convenient transit may be furnished them, but the necessity of such legislation is freely conceded. Every year efforts have been made to 110 Public Papers of Governor Cleveland. supply this want, but the apparent impossibility of freeing measures, introduced or passed, ostensibly for that purpose, from objectionable features, have caused their miscarriage. The result of the last attempt in this direction is now presented to me for official action. I cannot avoid the con- viction that it is my duty to examine this bill uninfluenced by any prejudices which might well be aroused from the alleged circumstances connected with its passage, and without giving undue weight to certain local and private interests; and if, upon a careful consideration of all the provisions of the bill, it seems to me to be drawn in conformity to constitutional requirements, and to be a measure which all the people of the State need and are entitled to at the hands of the Legislature, I conceive it to be an obligation resting on me to give it effect, provided, always, that it does not violate any private rights, fixed and vested. On the 29th day of May, 1883, a bill which had been passed by the Legislature, and which purported to be a general bill authorizing the construction of street railways, was disap- proved for the reason that it seemed to me to contain provisions calculated to subserve special interests instead of the welfare of the whole people, and appeared to be constructed with but little reference to the territory of the entire State. In the memorandum filed with the disapproval of the bill, I fully conimitted myself to the statement that a general law providing for the construction of street railroads should be enacted, but in connection with such statement, used the following language : " It cannot be difficult to frame a bill which in spirit, as well as in strict construction, would be a general law, pro- tecting all localities alike, and avoiding the evils sure to follow a further attempt, under the guise of a general statute, to answer only private and local purposes." Public Papers of Governor Cleveland. Ill The bill under consideration seems to me to nearly fulfill the requirements above indicated, and to meet the demand for a law permitting the extension of street railroad facilities throughout the State. The objectionable features of the bill, disapproved in 1883, appear to be wholly eliminated. The consent of the local authorities and the property owners upon the street are not available unless they are obtained after the passage of the act. This is not only just to the local authorities and present property owners, but it places all those desiring to construct railroads under the act upon an equal footing. No consent heretofore obtained under different circumstances from the predecessors of local author- ities or owners can be made available, as they ought not. The provision requiring the public authorities to give four- teen days' notice in two newspapers before acting upon any application for consent to the construction or extension of a road is a prudent and valuable feature of the bill, taken in connection with the provision that, at the option of the authorities of any city or village, the franchise asked for may be sold at auction. The publicity thus given to the proposed enterprise, if it is deemed of value, will stimulate competi- tion and prevent the local authorities from giving away a franchise which should be sold to the highest bidder. The tax which may be imposed upon the gross earnings of roads constructed or extended in cities and villages, to be paid into the treasury of such cities and villages, and the stringent provisions contained in the bill to compel its prompt payments, commend the measure as one likely to yield to the people of the localities a substantial return for the franchises conferred. The power given to the local authorities to make reasonable regulations as to rate of speed, mode of use of tracks, and 112 Public Papmbs of Govbbnor Clbvbland. the removal of snow and ice, and to enforce compliance therewith under heavy penalties, supplies in this bill an ele- ment of local control not heretofore so completely provided for, and manifestly essential for the protection of the public. The limitation of fare to five cents on all roads to be con- structed under the act, or to the present authorized rates upon such as have already been constructed, and their exten- sions, gives to the public the benefit of carriage on all extensions of existing roads without additional fare, and provides a cheap maximum rate for all new roads. The provision that roads may use each others tracks and lines for a distance of one thousand feet is just, and will prevent existing roads from unreasonably obstructing the completion of new ones, which require the use of the tracks of such companies to - connect parts of the proposed new line. A less distance would prevent new roads from using existing tracks for a sufficient distance to pass long blocks. All street surface railroad companies are permitted by the act to use any kind of motive power except locomotive steam power. Thus the competition between horse roads and cable roads and roads seeking to introduce other motive power, except the steam locomotive, is left free and open to the choice of the local authorities and the property owners. A further detailed statement of the provisions of this bill need not here be given, except as they are involved in the objections which are urged against it. It is said that the consent of those owning one-half of the lineal feet fronting on the street in which the road is pro- posed, as well as those owning one-half in value, should be required ; that the public interest in the city of New York would be better protected if the consent of the commis- sioners of the sinking fund or some other board should be Public Papers of Governor Cleveland. 113 required, instead of the board of aldermen, and that Fifth avenue and Broadway should be exempted from the bill. The answer to such objection is at hand. ' The bill follows the exact language of the amended Constitution in these respects. There would be no safety in doing less. And, as far as the objection touching the local authorities, whose consent is necessary, is concerned, the law now gives to the common council of the city of New York power " to regu- late the use of the streets, highways, roads and public places, by foot passengers, animals, vehicles, cars and loco- motives." As long as this remains the law, and as long as the Constitution requires that " the consent of the local authorities having control " of the street shall be obtained, it is hard to see how the consent of any other authority than the common council would comply with the Constitu- tion. Waiving the question of the legal effect of the exemption of any street from the operation of the acts, I think such an exception would neither be consistent nor expedient. The objection that existing roads should pay a per centage on the receipts from their entire line in case of an extension, it seems to me, is not tenable. Their existing lines were not built in contemplation of any such tax, and if they are extended under the act, it is more just and equitable to charge them with a tax on some portion of their receipts than on the whole. I know of no more fixed and definite rate than to put the tax upon such a proportion of their receipts as their extension bears to the entire line. This is the rule adopted in the act. It is alleged that the bill permits a street railroad to be laid out and constructed along public parks, with the con- sent of the local authorities and one-half only of the prop- 8 114 Public Papers of Governor Cleveland. erty owners on the opposite side of such parks. This is a misapprehension. The consent of the owners opposite is in addition to the consent required in other sections of the bill, and by the Constitution. Objection is made that a company may, under the consent of the local authorities, occupy a street and delay the com- pletion of its road unreasonably, in the meantime excluding other like enterprises. But it seems to me this bill guards with great care against such a state of things. All consent must be obtained after the passage of the act. Any consent given by the local authorities shall cease and determine at the expiration of one year, unless prior to that time the company shall have obtained and filed the necessary con- sents of the property owners or the determination of the commissioners provided for by the Constitution, in lieu thereof. I do not understand that such company can occupy a street at all until such consents are both obtained. It must begin the construction of its road within one year, and complete it within three years from the time of giving such consents, or its rights, privileges and franchises acquired under the act shall cease and determine. During the pen- dency of legal proceedings the Supreme Court is given power to extend the period for the performance of any of the required acts. Of course, this means the performance of any act which may be prevented by legal proceedings. I fail to see any valid" objection to grantirfg an extension in such a case or vesting the power to do so in the court. Another objection opposed to the bill is based upon the language of its fifteenth section, which permits any street surface railroad to lease or transfer its rights, subject to all of its obligations, to run upon or use any portion of its tracks, to any other street surface railroad company which is Public Papers of Governor Cleveland. 115 authorized to run upon such routes, upon such terms as shall be agreed upon by their board of directors, subject to the approval of their stockholders. If no such section were in the bill, I am of the opinion that such leases or transfers could be made by the directors alone under a law which was passed as long ago as 1839. It is wise and safe to give the stockholders a voice in the matter. It is strongly urged that the bill should oblige the local authorities, in all cases, to put these franchises up at auction, and sell the same to the highest bidder. Such a provision might have resulted in no harm, though throughout the State in a large majority of cases, the price bid would have been nominal. The proposition that the sale at auction should be t obligatory, gains much of its supposed force from the con- templation of the condition of affairs in the city of New York. But this legislation is for the entire State ; and with the advertisement of application for franchises provided for in the bill, and the competition which would follow, if the same were of value, and with a close regard on the part of the local authorities to the interests of the people which they represent, the localities, I think, will be sufficiently protected. If the local authorities are determined to cheat and defraud their constituents by refusing to put up a valuable franchise at auction, they must, under this bill, do it in the broad light of day, and with a brazenness and boldness that would find a way to evade the most carefully framed law. The last objection which I shall notice is to section sixteen of the bill, which prohibits the construction of any street railroad to run in whole or in part upon the surface of any street, under the provisions of chapter six hundred and six of the Laws of 1875. This is commonly called the rapid transit act, and though it has been in force nine years, with 116 Public Papers of Governor Cleveland. no other law for the construction of surface street railroads, none has ever been built under that statute. It has, I think, been generally supposed that its provisions only authorized, or, at least, were only intended to authorize, the construction of elevated or underground roads. There has lately been formed, in the city of New York, a company for the purpose of introducing the cable system of propelling street cars in that city. At the instance of this company, I suppose, com- missioners have been appointed by, the mayor of the city of New York, under the rapid transit act, who have gone so far as to lay out routes in many of the streets of the city, amounting to about seventy-two miles, for the occupancy of the cable company. These proceedings, if carried to com- pletion, would probably give to this company the occupancy of so many streets that any remaining routes would be of little comparative value. Its claim now is, that this bill, by preventing it from proceeding further under the act of 1875, inflicts upon it a great wrong and deprives it of rights to which it is fairly entitled. Of course, these proceedings have not gone far enough to give this company any legal claim ; but if the law under which it has proceeded is applicable to surface roads, and if in good faith they have done these things, which entitle it equitably to retain whatever advantages it has acquired, its claims should not be lightly disregarded. On the other hand, a measure as complete as this bill, now before me, so well suited to the wants of all the people of the State, and so necessary to their convenience, embracing all interests except those of the cable company, should not be lost or destroyed, save for the most potential reasons. This company has, under the provisions of this bill, the Public Papers of Governor Cleveland. 117 same opportunity to organize, for the purpose of introduc- ing their system upon the streets of the city, as any other company that may be formed using a different motive power. It has but to surrender the uncertain advantages which they may have acquired under a law of doubtful applicability to their professed wants, and proceed under a law which will give them a safe and sure footing. With this company in the field, claiming under rights derived from proceedings already had, litigation and dispute between it and corporations formed under the new law would surely follow, resulting in delaying construction by either company, and consequent inconvenience to the citizens. There is, I think, an advantage in having but one law under which this class of corporations shall be organized. Their obligations to the people and to the State under a single system are more definite and certain, and better understood. If the section thus strongly objected to had been omitted, I am by no means sure I would have refused my signature to the bill on that account, but I do not think I am justi- fied, upon a full consideration of all the circumstances, in disapproving the bill as now presented. GROVER CLEVELAND. 118 Public Papebs of Governor Cleveland. MESSAGE, SPECIAL, RELATING TO ASSEMBLY BILLS Nos. 466 AND 467, RELATING TO THE REGISTER AND THE SURROGATE OF NEW YORK. State of New York. EXECUTIVE CHAMBER, J Albany, May 12, 1884. ) To the Assembly : I have examined Assembly bill No. 466, entitled "An act in relation to the office of register of the city and county of New York," and Assembly bill No. 467, entitled "An act in relation to the office of surrogate of the county of New York," and I am of the opinion that both of them should be recalled for amendment. I am led to make this suggestion for the reason that these bills belong to a class of remedial measures of great importance, and from the enactment of which valuable reforms are anticipated. It is manifest that their good effect should not be jeopardized or diminished by imperfection in their form, or by the omission of any provisions which tend to make them complete and effective. In the .bill relating to the office of register, subdivision sixteen of section four appears to be unintelligible. The language is as follows : " Every certificate other than that a paper for the copying of which he is entitled to a fee is a copy twenty-five cents." I suppose the intention may be expressed in the following words : " Every certificate other than to a paper, for the copying of which he is entitled to a fee, twenty-five cents." Section five of the act provides for the giving of a bond for the faithful discharge of his duties by "the register Public Papers of Governor Cleveland. 119 appointed or elected as successor to the present incumbent of that office in the city and county of New York." Of course this should be made to apply to all registers hereafter eleqted or appointed. Section ten, in relation to the keeping of accounts, is in the same form, and appears to need the same amendment. In line nine of section five the word " clerk " is, by mistake, used instead of "register," in quite an important provision. Sections ten and eleven both require a statement showing, among other things, " the fees, perquisites and emoluments which the register or his assistants skall be entUled to demand from any person for services rendered in his or their official capacity." There should, I think, be no such provision in the law ; but, on the contrary, it should contain a positive direction to the register that he should give no credit to any person for fees, or that he should receive the same in advance and be responsible to the city and county for all fees earned by him. The plan of this bill is to pay to the register a salary, and have the fees of the office turned into the treasury of the city and county. This officer, thus assured of his salary, will have no personal interest in collecting the fees of his office ; and the city should be protected against an accumu- lation of very doubtful assets comprising numerous accounts against attorneys for register's fees. Bill No. 467, relating to the office of surrogate, provides in its sixth section that after the passage of this act " the surrogate, the assistants to said surrogate, or other clerks, employes or subordinates in or attached to the office or court of surrogate, shall not charge or receive to his or thdr own use and benefits, or otherwise than for the benefits of said county, any fees, perquisites or emoluments for any services 120 Public Papers of Governor Cleveland. rendered by him or them by virtue of his or their official positions, except as provided in subdivision one of section seven of this act.'' Section seven provides that no fees, perquisites or emolu- ments shall be charged or received by the surrogate, or any of his assistants or subordinates, except as therein specified. Then follows subdivision one, which is referred to in section six, as fixing the fees that may be charged and received to their own use by the surrogate, and his assistants and subordi- nates, which is in the following words : " I. When in a case prescribed by law, or in any other case, upon the application of a party, he goes to a place other than his office, or the court-room where he is required to hold court, in order to take testimony, he may charge and receive to his own use, ten cents for each mile for going and the same sum for returning." This is the exact language of subdivision one of section 2566 of the Code of Civil Procedure. But by that section the mileage allowed is confined to the surrogate alone, and not to any assistants or subordinates. It was evidently intended to apply to counties embracing a large area, and to cases when the surrogate might be called upon to travel a considerable distance, involving an expense for which he should be reimbursed. I can see no propriety in making this applicable even to the surrogate of the city and county of New York ; and as it may be claimed that it applies under this bill to the subordinates as well as to the surrogate, it would seem to open the door to abuses. I think all the provisions of the bill permitting any fees to be received by the surrogate or his subordinates, to his or their own use, should be stricken out, and that the same should be expressly prohibited. Public Papers of Governor Cleveland. 121 There should also be inserted in this bill, in my judgment, fi prohibition against the surrogate giving any credit for his fees and services, and holding him responsible to the city and county for all fees earned in his office. I have not had an opportunity to examine the other bills in my hands, similar to those referred to, relating to the public offices in the city of New York, with such care as is necessary, to determine whether they contain similar imperfections. I recommend that bills Nos. 466 and 467, which are above referred to, be recalled for amendment. And in view of the near approach of the final adjournment of the Legislature, I suggest that the other bills of a like character be also recalled or carefully examined by some party familiar with the subjects they embrace, so that fatal defects shall not be discovered when it is too late for amendment. GROVER CLEVELAND. VETO, SENATE BILL No. 337, RELATING TO THE BROADWAY UNDERGROUND RAILWAY OF NEW YORK. State of New York. EXECUTIVE CHAMBER, 1 Albany, May 13, 1884. ) To the Senate : I return, without approval, Senate bill No. 337, entitled " An act extending and supplementing the rights, powers and duties heretofore possessed, conferred and imposed upon the Broadway Underground Railway Company." My objections to this bill can, I think, be better understood after a statement of some of the provisions of the statute 122 Public Papers of Governor Cleveland. which have heretofore been passed, and proceedings which have been taken touching the corporation to which said, bill refers. On the ist day of June, 1868, an act was passed authoriz- ing seventeen persons therein named "to lay down, construct and maintain one or more pneumatic tubes in the soil beneath the streets, squares, avenues and public places of the city of New York ; and to convey letters, parcels, packages, mails, merchandise and property in and through said tubes for compensation, by means of vehicles, to be run and operated therein by the pneumatic system of propulsion." The following provisions were also contained in said statute : That the said pneumatic tubes should be so constructed as to have a mean interior diameter of not exceeding fifty-four inches. That in the city of New York they should be located and laid under the supervision and direction of the Croton aque- duct department, at such depth below the surface and in such manner as should prevent any injury to or unnecessary inter- ference with the surface of the streets, or any change or alteration in the existing sewers, water pipes or gas pipes. That said tubes should not extend through any vault nor under any sidewalk' fronting on private property, without the consent of and compensation to the owner of such private property, which compensation should be ascertained and determined, in case the parties could not agree, in the manner provided by the general railroad law. That the persons named in the act should first lay down and construct one line of said tubes from the post-office in Nassau street, northwardly to Fourteenth street, which should be and continue in successful working operation for Public Papers of Governor Glevelajo). 123 the period of three months, as certified by the postmaster, mayor and comptroller of the city of New York, before any other lines of such tubes should be laid down or constructed. That the Croton aqueduct department should establish and enforce such rules and regulations as to the number of men employed on any and all parts of the work of con- structing said tubes, the time of making, keeping open and closing the necessary excavations and the laying of the tubes therein as should prevent, as far as possible, the obstruction of any street, square, avenue or public place, and secure the completion of each part or section of said work with the least possible delay, and that immediately upon such completion the surface and pavements of the streets, avenues, squares and public places should be restored to as good condition as they were before the making of any openings and excavations. That within thirty days after the passage of the act, a meeting of the persons named therein should be called, at which they might determine to form themselves into a cor- poration under the act of 1848, entitled "An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes," and that upon the formation thereof, the said corporation should possess all the powers and privileges conferred by said act, and be subject to all the duties and obligations imposed therein not inconsistent with the provisions of the act of 1868. Pursuant to this provision, such a corporation was formed on the eighth day of August, 1868, which was called the "Beach Pneumatic Transit Company." The next year, the act of 1868 was amended in such manner that it was no longer necessary that the pneumatic tubes therein mentioned should be laid under the super- 124 Public Papebs of Oovebnob Cleveland. vision and direction of the Croton water department, leav- ing the subject to be governed by such provisions of the act as were left unimpaired by the amending act and by such rules and regulations as should be made by said water department " not inconsistent with the purposes of this act." In 1873 a law was passed giving authority to the Beach Pneumatic Transit Company to construct, maintain and operate an underground railway for the transportation of passengers and property in the city of New York extend- ing from the Battery, or Bowling Green, under Broadway to Madison square, and along various streets and avenues in said act specified. It was provided that this under- ground railway should be so constructed and maintained by means of tubes of enlarged interior diameter sufficient for the construction of a railway or railways therein. . This law is entitled "An act supplemental" to the two acts already referred to. It provides that the tubes therein permitted to be laid shall, as far as practicable, follow the center of the streets, and shall not occupy in the aggregate a greater space than thirty-one feet in width by eighteen feet in height ; that the outer walls of said tubes shall not approach within two feet of the curb line nor within eighteen feet of the building line of the street. A board of engineers is provided for, one of whom is named in the bill, and the other two to be appointed by the Governor, who shall see that the said tubes and rail- ways are constructed in a thorough and workmanlike manner, that proper materials are used, that all needful precautions are taken by the company to prevent damages to private property, interruption to travel, and unnecessary interference with the sewers, water pipes and gas pipes, and that sufK- Public Papers of Governor Cleveland. 125 cient space is provided or allowed to remain, for proper sewerage and the laying of the gas pipes and water pipes, along the route of the tubes. ' By this act the corporation is forbidden to interrupt the supply of water or gas or the flow of the sewers, and it is provided that all changes or alterations in the sewers, water pipes or gas pipes that may be necessary, shall be done under the supervision of the department of public works, but at the expense of the company ; that during the con- struction of the works the travel through the streets over said works, and through the streets intersecting the line of said works, shall not be interrupted at any time except by special permission of the department of public works, and the board of engineer commissioners provided for by said act ; that in working or excavating the said company shall, at its own cost and expense, make the foundation of every building adjoining or near said excavation firm and secure; that the said corporation shall commence the construction of their works within six months after the passage of the act, and complete the same to Fourteenth street within three years, and the whole work within five years there- after ; that the capital stock of said corporation shall be ten millions of dollars, and that before entering upon the work it shall be all subscHbed for, and ten per cent, paid in, or other financial arrangements made by said company to insure the completion of said work ; that before the said company shall commence work it shall execute and deliver to the mayor of the city of New York a bond, with suflS- cient sureties, in such sum as the board of engineer com- missioners shall determine, not less than two hundred and fifty thousand nor more than five hundred thousand dollars, conditioned that the said company and its sureties shall be 126 Public Papers of Governob Cleveland. bound to pay to any and all persons or corporations own- ing lands along the line of the road any and all direct damages and injury that the property of said city, or persons or corporations shall sustain by reason of the con- struction of said road, and that said company shall restore the streets and avenues to as safe and as good condition as the same were before the commencement of work thereon. In the year 1874 the name of the corporation was changed from the " Beach Pneumatic Transit Company " to the " Broadway Underground Railway Company," and the time for the completion of its road extended. Said company was also allowed to construct its tunnels and railways one foot larger than was provided by the law of 1873. In the year 1881 another law was passed still further extending the time for the completion of the work. These several statutes have been thus referred to for the purpose of showing what protection was furnished the peo- ple of the city of New York and the municipality itself against loss and damage when the scheme was to construct a tube fifty-four inches in diameter, and thereafter railway tracks in a tube or tunnel laid below the center of the streets and occupying a space not exceeding thirty-one and thirty- two feet in width and eighteen feet in height. The bill now under consideration, instead of the appro- priation of so small a part of the most important thorough- fare in the city of New York, proposes to excavate next to the house lines a distance of not less than ten feet on each side of Broadway, for the purpose of constructing a sub- surface sidewalk under the walk, as now constructed, and to excavate all the rest of the street between the outer lines of such sub-surface sidewalks to the distance of not less than sixteen feet. The substance and material of the street Public Papers of Governor Cleveland. 127 is to be removed, and in its place it is proposed to put an artificial structure, upon the roof of which is to be sup- ported the surface of a new highway or thoroughfare for ordinary purposes ; and beneath this roof are to be con- structed the railroad tracks of the company. For the purpose of affording light and air to the road-bed and the sub-surface sidewalks and other subterranean structures of the company, it may keep and maintain open spaces not exceeding six feet in width from and along the house line on each side of the street, providing it shall have or supply necessary means of entrance and exit to and from the surface sidewalks into and out of all buildings along its route. Its trains may be drawn by electric or other motive power not emitting smoke, cinders or steam, causing noise or annoyance. It may excavate any cross street for the purpose of housing or storing its cars and other property, and for removing material in the course of the construction of its works, and may build tramways for that purpose either upon or beneath such cross streets. The company has full power and authority to remove all sewers, water, gas, steam and other pipes, as well as all wires, tubes and other obstructions to the necessary work of the construction of its road-bed and of the sub-surface sidewalks or any part thereof, and shall, at its own expense, remove and place the same within subways to be constructed for their reception along the road-bed or under the sub-surface sidewalks. During the process of construction, the said company may sustain the surface of the sidewalks and streets by either temporary or per- manent structures, or may substitute therefor temporary bridges or means of passage for foot passengers and vehicles. 128 Public Papers of Governor Glevmland. It must be conceded that this bill contemplates a stu- pendious work involving a very serious interference with the rights of the present occupants and owners of prop- erty abutting on the streets of the city, and greatly affecting the interests of the municipality. Those doing business on Broadway are quite generally occupying, by license from the city or by its sufferance, the space under the present sidewalk for business pur- poses. For a depth of ten feet, at least, from the surface, this will be taken from them by the operations of this company. An open space of six feet in width may be made by the company between their buildings and the sidewalks fronting them ; and they are to content themselves with such means of ingfe;ss and exit as shall be furnished them under the provisions of the bill. They are in their business to be subjected to whatever of annoyance may be caused by the operation of the proposed railroad in close proximity. The danger to the foundations of the buildings along the excavation may not be entirely imaginary, though I do not regard it as necessarily serious. But considering all the real and substantial elements of loss and damage that will ensue, we naturally seek in the bill for some provision requiring the consent of the persons likely to be injuriously affected, before the street in which they have a direct interest is excavated and carried away, and before they are deprived of the other rights and privi- leges to which they are entitled as abutting owners. The interests of such owners in the surface of the streets in front of their property, their rights to its appropriation only to the ordinary purposes of its maintenance, are fully recognized by a constitutional provision, which requires the consent of a majority of such owners, or an adjudication by Public Papers of Governor Cleveland. 3^9 the court, before such streets can be used for the purposes of a street railroad. It is not easy to distinguish the dif- ference in theory between the interests of abutting owners in the surface of the street and the soil beneath it, especially as against a project to dig up such soil and carry it away. And when we consider that this will result in the actual curtailments of the space used and occupied by such owners for business purposes, it certainly seems that this proceed- ing should more require their consent than a partial appro- priation of the street. And yet we look in vain through this bill to find any provision requiring such consent. If their consent is not to be obtained, there should surely be ample provision for the payment of all damages they may sustain by reason of the appropriation of the streets which is contemplated by this company. But the assurance that such payment is to be made does not appear to be very satisfactory. The statute of 1873, which permitted the construction of a railroad in a tube to be laid in the center of the street, provided that the com- pany should "be liable to the owner or owners of any wall, building, structure, or lands or other property along the route of said railways for any direct damage which they, or either of them, shall sustain by reason of any direct injury caused thereto by the construction of said railway." The bill now before me declares that the company " shall be subject to the same rules and obligations as to injury to private property not inconsistent with this act, as are now provided by law in respect to the construction of its under- ground railway." The act of 1873 also provides that the company shall give a bond in a sum not less than two hundred and fifty thou- sand nor more than five hundred thousand dollars, which 9 130 Public Papers of Ooveenob Cleveland^ shall be conditioned to pay, among other things, all direct damages or injury that the property of said city or persons or corporations shall sustain by reason of the construction of said road. ■ Here we have at most the responsibility of the company, and the liability upon the bond above referred to, as the means of compensating for all direct damages or injury — whatever that may mean. By the law of 1873, the company could not begin work until the whole of its capital stock, amounting to ten million dollars, had been subscribed and ten per cent, thereof paid in in cash, or other financial arrangements had been made by said company to insure the completion of the work ; and by the manufacturing law of 1848, under which the cor- poration was formed, the stockholders and directors were liable for the debts and liabilities of the corporation in certain cases. But, under the bill now before me, the liability of each stockholder to creditors is declared to be only for such amount as remains unpaid upon the shares of stock held by him ; and, as touching the ability of the corporation to refund in damages, it may well be stated that under this bill, before commencing work, it is not necessary that any stock should be paid in, but only that the company shall show that the full amount of the capital stock, or a sufficient amount thereof has been subscribed, or other financial arrange- ments made for commencing within two years and completing within five years from July i, 1884, the first section of its road, from the Battery, or Bowling Green, through Broadway to Forty-second -street. It does not seem to me that the provision for the pay- ment of private damages, under this bill, is adequate ; nor Public Papers of Governor Oleveland. 131 so safe as under the previous law. And yet from the nature of the construction contemplated under that law, much less damage to private parties would ensue, and the apparent responsibility of the corporation does not appear to be improved by a reference to the twelfth section of the bill, which permits the directors to borrow any sum of money they may deem necessary, and to issue the bonds of the company for the sum so borrowed, and mortgage its corpo- rate property rights and franchises to secure the payment of the same. > But if private parties who sustain damage by the con- struction of the road are inadequately protected, it appears to me that the municipality is also but little regarded. This work is to be done in its busiest and most important street without any direction or supervision on its part. The commissioners who are to have some supervision, without the control they should have of the work, are to be appointed by the Governor and paid by the constructing company. They are in no way responsible to any departments of the city. The municipality must stand by and see its main thoroughfare excavated and carried away, and another con- struction substituted for it against its protest. The same clause of the Constitution which requires the consent of the owners fronting on a street before it can be appropriated to the uses of a street railroad, requires the consent of the local authorities in charge of the street. But in this bill the principle which underlies that provi- sion is entirely ignored. The inexpediency and wrong of such a spoliation of the streets, without the consent of the local authorities, is aggra- vated in this bill by provisions which put the sub-surface sidewalks, after their construction, in charge of the city ; as I 132 Public Papers of Governor Glbveland. apprehend, make it responsible for their maintenance and care. This is also the case respecting the sewers, water pipes and other property underground of a like nature, which the company is authorized to change and reconstruct. I cannot think that the provisions of this bill could be carried out without a violation of principle, which should not be permitted. A large number of the owners of property on Broadway who would be most seriously affected by' this construction, as well as the mayor of the city, protest against the bill. A law has lately been passed, which promises to afford to the citizens of New York better means of travel and transit than they now enjoy. The scheme proposed by this bill is to a great degree an experiment ; and if it is to be tried at this time in the city of New York, it seems to me Broadway should not be selected for its operation. The bill does not present such safe assurance as it shoilld, that the company will complete the road. A commencement and failure to finish the work would be a great calamity. And I think many grave doubts exist as to the constitu- tionality of the bill in more than one of its features. I am satisfied that the people of the city of New York will not suffer if they wait for the rapid transit which it is repre- sented this bill will secure, until a measure can be pre- pared and passed which will better protect public and private rights, and inspire more confidence in the success of the ■ undertaking. GROVER CLEVELAND. Public Papers of Governor Glbvbland. 133 VETO, ASSEMBLY BILL No. 598, TO AUTHORIZE THE SUPERVISORS OF ORLEANS COUNTY TO AUDIT CERTAIN CLAIMS. State of New York. EXECUTIVE CHAMBER, 1 Albany, May 14, 1884. \ To the Assembly : I return, without approval, Assembly bill No. 598, entitled "An act to authorize the board of supervisors of Orleans county to audit claims for material used in constructing the county poor-house in said county." If the parties referred to in this bill have claims against the county of Orleans, the board of supervisors not only have the power, but it is their duty to audit and adjust such claims, which duty may be enforced by the courts. If the claimants have no valid demand against the county, the payment of any public money to them would amount to a simple gratuity, which is prohibited by section eleven of article eight of the Constitution, in these words : " 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." I am informed that the persons for whose benefit the bill under consideration was prepared, furnished materials to the builder of the poor-house employed by the county, and that he has been paid the amount of his contract, though he has neglected to pay for such material. This presents, per- haps, a case of hardship, but if the county has paid the proper party for the work done, according to its contract, there is no reason why it should settle claims against its contractor, for which it is in no way liable. 184 Public Papers of Oovernor Glbveland. Those who hold the people's money in trust should be just — not generous. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 275, TO INCREASE THE JURISDICTION OF DISTRICT COURTS IN THE. CITY OF NEW YORK. State of New York. EXECUTIVE CHAMBER, 1 Albany, May 14, 1884. ) To the Assembly : I return, without approval, Assembly bill No. 275, entitled " An act to amend chapter four hundred and ten of the Laws of eighteen hundred and eighty-two, entitled ' An act to con- solidate into one act and to declare the special and local laws affecting public interests in the city of New York, passed July first, eighteen hundred and eighty-two.' " This bill relates to the district courts in the city of New York, and one of its purposes is to increase the jurisdiction of such courts from suits involving two hundred and fifty dollars to such controversies as shall involve five hundred dollars. This, I think, is unwise. With the other local courts in the city of New York not over-burdened with business, there seems to be no necessity of such increase in the jurisdic- tion of these courts. They were evidently intended for the adjudication of small claims at moderate expense to suitors. Especially does this change seem undesirable and inexpe- dient in the light of the fact that by the present law where suits brought in the district courts involve one hundred Public Papers of Governor Cleveland. 135 dollars or more, in such cases the defendant by giving a bond may remove such suit to a higher court for trial. Another object sought to be gained by this bill is to make the costs in said courts the same in all cases, whereas by the present law costs in an action involving not more than fifty dollars are less than they are in suits for a larger amount. I think the distinction in this respect now existing is a proper one, and should be maintained. Another feature of this bill, and one which seems to me very objectionable, permits the justices of these courts, in their discretion, when the amount claimed exceeds two hun- dred and fifty dollars, to make an additional allowance of costs to the party prevailing in the action of not more than ten per cent, upon the amount claimed in excess of the said sum of two hundred and fifty dollars. I am thoroughly convinced that the power of courts to grant extra allowances, with its liability to abuse, should not be enlarged, and that it especially should not be extended to tribunals established largely for the determina- tion of disputes between people of moderate means. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 632, TO AMEND THE CHARTER OF CARTHAGE. State op New York. . EXECUTIVE CHAMBER, 1 Albany, May 14, 1884. ) To the Assembly : I return herewith, without approval. Assembly bill No. 632, entitled "An act to amend an act entitled 'An act to 136 Public Pafmbs of Oovmrnob Cleveland. amend the charter of the village of Carthage, Jefferson county.' " This bill amends the charter of the village of Carthage by providing that " the board of trustees may, and they are hereby authorized to, grant any and all licenses for the sale of spirituous and malt liquors within the corporate limits of said village, with the same powers and subject to all existing laws applicable to excise commissioners of towns under the general act.'' This village is within the town of Wilna, which town is, of course, subject to the general law of the State, which per- mits its inhabitants to select its excise commissioners, and by such selection to determine the extent to which liquor shall be sold within its limits. Such commissioners were chosen at the last town meeting by all, its electors, including those within the village of Carthage. The proposition contained in the bill is to take from these commissioners, so far as the village of Carthage is concerned, the duties which they were specially elected to perform, and devolve them upon the trustees of the village, who were chosen without any reference to their having such matters in •charge. In this way the electors of the village are not per- mitted, for the time being, to exercise their right of local option — as they are entitled to do by the general law. The amendment, if it becomes a law, would allow the electors of the village of Carthage to vote for excise com- •missioners for the town of Wilna as before ; but when elected such commissioners could not act within the village. If the people of the town, exclusive of the village, are the only persons affected by the selection of these officers, they alone should elect them. A sufficient objection to this bill is found in the fact that Public Papers of Governor Cleveland. 137 it is an attempt to relieve a particular locality from the operation of a general law of the State, and belongs to a class of special legislation particularly objectionable. GROVER CLEVELAND. VETO, ASSEMBLY BILL No. 281, DEFINING DIS- TURBANCES OF A RELIGIOUS MEETING. State of New York. EXECUTIVE CHAMBER, ) Albany, May 14, 1884. ) To the Assembly: I return, without approval, Assembly bill No. 281, entitled "An act to amend chapter 676 of the Laws of 1881, entitled ' An act to establish a Penal Code.' " This bill amends that section of the Penal Code which declares what acts shall constitute disturbance of a religious meeting. The present law specifies certain acts to be such a dis- turbance, if done within two miles of a place where such religious meeting is held. This bill proposes to add another and distinct disturbance, in these words : "Exposing for sale, except in a village or city, within the like distance (two miles of a place where a religious meeting is held) any commodity or property in any other place, inn, store or grocery, than that in which the person so doing shall have usually resided or carried on business, unless with the consent of those who have charge of and conduct of such meetings." By another section of the Penal Code, the disturbance of a religious meeting is declared to be a misdemeanor ; 138 Public Papers of Gov'mbnor Cleveland. and a misdemeanor may be punished by an imprisonment of one year and a fine of two hundred and fifty dollars. 1 am at a loss to discover how the act specified in the amendment proposed can by any possibility disturb a religious meeting. It will be observed that it applies to any locality within two miles of the meeting, except in a city or village ; that it is not confined to the sale of liquor, or any other thing that might indirectly produce such disturbance, but includes any " commodity or property," and that it embraces all days of the week and all religious meetings, from the quiet assemblage for prayer and praise to the largely attended camp meeting. The creation of new offenses by declaring acts, innocent in themselves, to be crimes, is serious legislation, and should be supported by abundant justification. It is certainly a startling proposition that a citizen of the State cannot expose for sale any commodity or property which is lawfully the subject of sale at any place where he may lawfully be, simply and solely because a religious meet- ing is held within two miles of him, unless he has the "consent of those who have charge of and conduct such meeting." It has been suggested to me that the purpose of this bill is to provide a revenue to the promoters of religious meetings by means of license fees to be charged by them for the privilege of selling commodities and property within the prescribed distance of their meeting. I cannot believe this ; for if this were so, the title of the bill should be changed so that it would express its real purpose ; and its provisions should have no place among the acts that are denounced as disturbances of religious meetings and made criminal. Public Papers of Qovernor Cleveland. 139 If any citizen of the State desires to erect a booth or arrange a stall on his own property, or in any other place where he is not a trespasser, for the purpose of vending to the tired and hungry attendants upon a camp meeting or other religious assemblage, such safe and proper refresh- ments as he may lawfully sell, he should be permitted to do so — provided always that he does this in a place and manner to avoid actual disturbance of any religious assem- blage. To forbid him this privilege is unjust and an inde- fensible infringement of his rights. And to make this privilege dependent upon a license granted by " those who have charge of and conduct " a religious meeting held two miles away, is a delegation of power which, if exercised at all, should be exercised by the State or some other civil authority. GROVER CLEVELAND. VETO, SENATE BILL No. 54, RELATING TO THE POLICE FORCE OF TROY. Statfe of New York. EXECUTIVE CHAMBER, i Albany, May 14, 1884. \ To the Senate : I return, without approval. Senate bill No. 54, entitled "An act to amend chapter three hundred and sixty-two of the Laws of eighteen hundred and eighty-one, entitled 'An act supplemental to chapter three hundred and twenty-eight of the Laws of eighteen hundred and eighty, entitled "An act to establish and maintain a police force in the city of Troy," and chapter seventy-six of the Laws of eighteen hundred and eighty-one, entitled "An act to amend chapter three hundred and twenty-eight of the Laws of eighteen hundred and 140 Public Papers of Governor Cleveland. eighty, entitled 'An act to establish and maintain a police force in the city of Troy.' " The amendment to the police law of the city of Troy con- tained in this bill permits the board of police commissioners, within twenty days after the passage of the act, to appoint from the present detective force a chief detective, " who shall be subject to the order and control of the superintendent of police, and have charge of and direct and control the detective work of the said city." His annual salary is fixed at fifteen hundred dollars. Another provision of the same section in which this amend- ment occurs, authorizes the appointment of a superintendent of police, and declares that " such superintendent shall have, among other powers and duties, the charge of organizing and directing the detectives of said force." This is as it should be ; and all the representations of those in favor of the amendment have failed to convince me that its enactment would be wise or beneficial, especially while the power vested in the superintendent remains as above stated. I think a concentration of responsibility and authority in one person is peculiarly desirable in police detective opera- tions. The tendency to a conflict of authority in the case of two officers having the power with which these would be severally invested, if the proposed amendments should be passed, is quite apparent. The law authorizes the appointment of but four detectives. If one should be made, chief detective under this bill there would be but three left in the ranks, with two commanding officers. It cannot be that this amendment is at all calculated to increase the usefulness and efficiency of the detective force. GROVER CLEVELAND. Public Papbbs of Oovernor Cleveland. 141 VETO, SENATE BILL, NOT PRINTED, RELATING TO THE VILLAGE OF MIDDLETOWN. State of New York. EXECUTIVE CHAMBER, 1 Albany, May 14, 1884. [ To the Senate: I return, without approval, Senate bill, not printed, entitled " An act to authorize the village of Middletown, in the county of Orange, to raise money to construct a village hall." This bill authorizes the board of trustees of the village of Middletown' to construct a village hall for the use of the different departments of the village government, and to issue the bonds of the corporation in a sum not exceeding the sum of twenty-five thousand dollars to meet the expense of the same. By chapter four hundred and eighty-two of the Laws of 1875, the board of supervisors of Orange county have the power to grant to the village of Middletown all the powers which this bill seeks to confer ; and the passage of a special statute for that purpose is unnecessary, as well as opposed to sound methods of legislation. The act referred to was framed for the express purpose of remitting such matters to the local authorities ; and the boards of supervisors were vested with the requisite authority to deal with them pursu- ant to a policy which recognized the evils of bringing such purely local measures before the Legislature. Every day's experience confirms my conviction that this policy should be adhered to strictly and consistently, and that general laws to meet the needs of localities should be passed, or amended when found deficient. GROVER CLEVELAND. 143 Public Papers of Governor Cleveland. VETO, SENATE BILL No. 32, TO PR.OVIDE COM- PENSATION FOR THE LATE CAPTAIN OF THE PORT AND HARBOR-MASTERS OF NEW YORK. State of New York. EXECUTIVE CHAMBER, Albany, May \ 1 6, 1884. j To the Senate : I return, without approval, Senate bill No. 32, entitled " An act to provide compensation for the performance of the duties of captain of the port of New York and harbor- masters of the port of New York, since May twenty-fourth, eighteen hundred and eighty-three." This bill directs the payment from the State treasury of the sum of thirty-three thousand dollars, or so much as may be necessary to compensate Chester S. Cole and other parties therein named, who, it is declared, have acted as captain of the port of New York or harbor-masters since May 24, 1883. By chapter 487 of the Laws of 1862, the statutes in relation to the captain of the port and harbor-masters were revised, and a complete system for the government and regulation of these officers was adopted. The first declaration of that law is as follows : "The Governor shall appoint, by and with the consent of the Senate, an officer to be called captain of the port of New York, and to assist him, subordinate to his directions, eleven harbor-masters." And it ends with this distinct provision : " All acts heretofore existing relating to the captain of the port or to harbor-masters of the port of New York are hereby repealed." The persons for whose benefit the bill before me has been Public Papbbs of Governor Cleveland. 143 prepared, were all appointed since the passage of the law above referred to and pursuant to its provisions. Six of them were so appointed in May, 1882, and the remainder at various dates prior to that time, one of them having been made a harbor-master in the year 1873. The fees which, by the Laws of 1862, these officers were declared entitled to charge and receive for their services were, in 1876, adjudged by the Supreme Court of the United States illegal. Notwithstanding this decision, the harbor-masters continued to receive such fees under the guise of voluntary payments, until the year 1883. On the fourth day of May in that year, the Legislature passed a law entitled "An act to provide for the appoint- ment of a captain of the port of New York and harbor- masters of the port of New York, and defining and regulating the powers and duties and compensation of said officers, and repealing chapter four hundred and eighty- seven of the Laws of eighteen hundred and sixty-two." This statute provides for the appointment of a captain of the port and eleven harbor-masters by the Governor, by and with the consent of the Senate, who, instead of the illegal fees which they had theretofore collected, should be p.aid annual salaries by the State. This law contains all the provisions necessary to create an entirely new system, and its last section repealed the statute of 1862 above recited, and abolished the offices thereby created in the following terms : "Chapter four hundred and eighty-seven of the Laws of eighteen hundred and sixty-two, entitled 'An act defining and regulating the powers, duties and compensation of the captain of the port and harbor-masters of the port of New York,' is hereby repealed, and the offices thereby created are abolished, 144 Public Papbes or Governor Cleveland. and all acts or parts of acts which are inconsistent with this act are hereby repealed." Thirty-three thousand dollars were appropriated by the terms of the law to pay the salaries of the captain of the port and harbor-masters as therein fixed. As required by this statute, nominations to fill the offices thereby created, were on the 4th day of May, 1883, sent to the Senate, but the same were not confirmed by that body. It is claimed that notwithstanding the distinct, legislation above recited, and the repeal of the law of 1862, that the persons appointed under the law thus repealed have con- tinued to perform the duties attached to these offices ; and the bill before me directs the payment to them of the money appropriated to pay the salaries provided for by the act of 1883. It was my belief before that law was passed, that all the duties required of the captain of the port and harbor-masters could be properly and efficiently performed under the super- vision of the department of docks in the city of New York, and I am still of that opinion. But when the act of 1883 was presented to me, I had but the choice of allowing the old officers to remain with no way of collecting compensa- tion, except by the exaction of illegal fees, or approve a bill providing for the abolition of the offices as then exist- ing and the appointment of incumbents to be paid by the State. The latter course was adopted, and the law took effect, though by the refusal of the Senate to confirm, the new offices were not filled. In this condition of affairs, the dock department, by virtue of the power vested in it by statutes then existing, under- Public Papers of Governor Cleveland. 145 took the performance of the duties which had theretofore been performed by the captain of the port and harbor-masters. At a meeting of the dock commissioners, held on the gth day of May, 1883, five days after the nominees for harbor- masters failed of confirmation, preliminary steps were taken to assume the proposed new duties. On the eleventh day of May, another meeting was held, which, upon the invita- tion of the dock department, was attended by representatives of the Produce Exchange, the Maritime Exchange, the Cham- ber of Commerce, the Board of Trade and Transportation and two other exchanges. At this meeting the subject seems to have been further considered, and on the eleventh day of July the water front of the city was divided by the said dock commissioners into nine districts, and a dock-master assigned to each, district, at a salary of one thousand five hundred dollars per annum. This action was taken by the department, as declared in their resolutions passed creating such districts and appoint- ing such dock-masters, for the purpose, among other things, of " rendering necessary facilities for the prompt berthing of vessels " at the wharves ; and it was declared that the dock-masters should "perform such duties and render such services in relation to the supervision, regulation and occu- pation of the wharf property and water fronts in their respective districts as the laws of the United States and of the State of New York, the ordinances of the city of New York and the by-laws of this board and its rules or orders shall or may require, prescribe or direct." All this appears from the proceedings of the dock depart- ment, duly certified and now in my possession. It has been represented to me, from time to time, since the first movement was made by the dock department in this 10 146 Public Papers of Oovebnob Clevmland. direction, that the duties theretofore performed by the harbor-masters were being performed by these dock-masters, to the entire satisfaction of all interests affected. In response to several specific questions addressed to the dock department, I received in the month of November, 1883, a communication signed by the president of that depart- ment, detailing the services performed by the dock-masters in the matter of berthing vessels, and emphatically express- ing the opinion that such duties could be satisfactorily performed under the direction of said department, without expense to the State or taxing the commerce of the port. I was furnished in the month of January, 1884, with copies of the reports of the several dock-masters to the commis- sioners. If these are to be relied on, they establish the fact that nearly all the berthing of vessels since July, 1883, has been done by such dock-masters. I herewith transmit to the Senate copies of these documents. An examination of the testimony taken by the committee of the Senate which investigated these matters, develops the fact that both the former harbor-masters and the dock- masters claimed to have performed the duties appertaining to the office of harbor-masters. In point of fact, all who are acquainted with the condition of things in the port of New York, are aware that there is but little for anybody to do in the way of berthing vessels. There is an important difference between these two classes of persons, who claim to have performed their duties. The dock-masters were directed to perform them, and the harbor-masters knew they had no right after the 24th day of May, 1883, to interfere with them. That the law of 1862 repealed all former laws on the sub- ject of the appointment and compensation of harbor-masters Public Papers of Governor Cleveland. 147 is entirely certain, if the English language means anything. And if these harbor-masters did not hold office under that law they were not officers. And it is just as certain that the law of 1883 repealed the law of 1862, and abolished the offices thereby created. This is- the only meaning that can be given to the lan- guage of these statutes. And if there had been no express words to that effect in these laws, the result would have been the same ; for it is a well settled rule in the construction of statutes laid down by the highest court in the State, that "when a later statute not purporting to amend a former one covers the same sifb- ject, and was plainly intended to furnish the only law upon the subject, the former statute must be held repealed by necessary implication." This language is quoted from the opinion of the Court of Appeals in the case of Heckmann against Pinckney, reported in volume 81 of the New York Reports, at page 211. These harbor-masters were not taken by surprise by the passage of the act of 1883, as every member of the last Legislature is well aware. They knew its effect and the intention of the Legislature in its enactment. And it may be safely asserted, I think, that they were not mere idle spectators of the passage of the law or the proceedings that led to the failure of the attempt to fill the offices thereby created. In June, 1883, a monih after the passage of the law of that year, the captain of the port, in a suit brought by him in behalf of the harbor-masters for a penalty, applied to the court for leave to discontinue the action upon the ground that by that very law the offices held by him and his associates had been abolished ; and for that reason and no other the court granted 148 Public Papers of Oovernob Cleveland. the application and decided in the plainest terms that these officers were appointed under the law of 1862, and that on " May 4, 1883, the act under which the plaintiff and his associates derived their authority was repealed, and the offices created by the said act were abolished." * The decision of the court on this application and the opinion giving the reasons therefor are reported in Howard's Practice Reports, volume 65, at page 520. It is only when they seek to obtain the money which was appropriated for those whom it was intended should succeed them, that they take the opposite ground and put forth the attenuated pretext that they remained in office and per- formed services in the employ of the State. If it be true that their terms ended when the law of 1883 took effect, and that the dock-masters were duly designated to perform their duties, it follows that the harbor-masters, after that date, were not employes of the State ; and in performing or attempting to perform such duties, they were not even volunteers, but usurpers. No one claims that these persons were acting under the law of 1883. On the contrary, they insist that they were acting under some previous statute, which the law of 1883 did not repeal. There was no salary attached to the office prior to the last named act, and no fixed measure of com- pensation, and it is quite clear that the only persons entitled to the salary provided in that statute are those holding office under it. But the bill under consideration provides that the parties named shall be paid for the period between the 24th day of May, 1883, when the law of that year took effect, and the day that this bill shall become a law, at the rate of the annual salaries provided by the law of 1883. Public Papers of Oovbbnor Cleveland. 149 This determination by the Legislature of the amount due these person for their services is beyond all question a violation of section nineteen of article three of the* Constitution, which is in the following words : " 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." And on the theory that these persons are in office under a law passed prior to that of 1883, and to which no salary was attached, I am of the opinion that this bill is obnox- ious to the provision of the Constitution which prohibits the passage of any private or local bill " creating, increasing or decreasing fees, per centage or allowances of public officers during the term for which said officers are elected or appointed," as well as another provision that declares the Legislature shall not " grant any extra compensation to any public officer, servant, agent or contractor." No pretense is made that the persons named in this bill performed services for the State blindly, or in the expec- tation of compensation under the law of 1883 which abol- ished their offices. A representative of theirs was early informed by at least one of the officers of the State, that such a thing could not be anticipated ; and the Attorney- General was at hand to advise them of their legal rights. It may further be here suggested, that if a claim exists against the State in favor of these parties, upon any thing or within any rule of law or right, a tribunal has been established for its ascertainment and adjudication, the door of which is open to any citizen. The people have an interest in the determination of the question whether their representatives in the Legislature 150 Public Papers of Govern on Cleveland. have the power to dispense with the services of its appointed servants when no longer needed ; and whether the sum of nearly or quite thirty-three thousand dollars shall be paid by the taxpayers of the State, upon claims if not fictitious, greatly exaggerated, and in behalf of parties who, in defiance of express legislation, and against the protest of the State, have chosen to regard themselves still in the public service. GROVER CLEVELAND. I. City of New York. DEPARTMENT OF DOCKS, New York, Nov. 20, 1883. Hon. Daniel S. Lamont, Private Secretary, etc. : Dear Sir. — In answer to yours of the tenth instant making inquiry, by direction of His Excellency the Governor, for information upon certain submitted points, and which are herein referred to, I have the honor to reply as follows, viz.: To the first inquiry — " What action, if any, has been taken, and on what dates, by the department of docks of the city of New York, concerning the berthing of vessels and other services formerly performed by the harbor-masters of the port of New York ? " The accompanying printed and written extracts of the proceedings of the board governing the department of docks, will furnish, I trust, a satisfactory answer to that inquiry. To the second inquiry, viz. : "Was public notice given by the dock department of its assumption of this service, etc., etc. ? " I desire to state that public notice was given by the dock department of its readiness to perform the service of berthing vessels, etc., through publication in the City Record of the proceedings of the board, and by the reference made thereto by several of the daily newspapers at the time of the adoption of the resolutions of the board relating to such action. No special notification was conveyed to the late harbor-masters, although I am fully convinced, from the Public Papers of Governor Cleveland. 151 admissions of some of the late harbor-masters, and from the action of others of them, that each (and every) one of the late officials in question was thoroughly cognizant of the action o{ the department of docks in regard to its willingness and readiness to provide suitable berths for vessels, etc., etc. To the third inquiry, viz. : "What services, if any, have been performed since May 4, 1883, by the persons who pre- vious to that day held the position of harbor-master?" I would reply by stating that some services have been per- formed since May fourth last in some portions of the water front of this city by some of the persons who previous to that day held the position of harbor-master who seemed disposed to take advantage of the authority heretofore exercised by them, and which had been, under the formerly existing circum- stances, generally recognized, but as the fact became known that this department was fully prepared to furnish needed wharf facilities to vessels requiring the same, and without any fee or reward, application to the late harbor-masters for berths has been less frequent, and this department is now engaged in the d;scharge of that duty. To the fourth inquiry, viz. : " How have these services been paid?" I can give no satisfactory answer; the common rumor, however, is that they have been, as it was generally understood they were heretofore, by so-called voluntary con- tributions, from such as chose to avail themselves of their unnecessary services. To the fifth inquiry, viz.: " What portion of the service has been performed by the dock-masters appointed by your (this) board ?" I would answer, that from the most reliable sources of information that I have, I am fully convinced that a large share of the service for the past two months has been per- formed by the dock-masters of this department ; indeed, on a very large portion of the water front of this city the entire service has been, and is being, performed by this department. To the sixth inquiry, viz.: "How have these services been paid ? " I reply that the services of the dock-masters were paid for out of the city treasury (in the same manner as all other expenses of the department are) and with but little, if 152 PuBTAO Papers of Oovernob Cleveland. any increased cost to the department therefor, as the service was performed by the dock-masters in connection with the discharge of the duties heretofore required of them on the water front, which you will notice by a reference to the accompanying rules and regulations. To the seventh inquiry, viz.: "Does the experience of the dock-masters prove that the harbor-master service can be satisfactorily performed under the direction of your board without expense to the State or to the commerce of the port ? " I answer, unhesitatingly, that it does. To the eighth inquiry, viz. : " What reasons have you to believe that the service performed by your dock-masters is regarded by the ship owners and persons interested, as efficient as that of the late board of harbor-masters ?" I would answer that inasmuch as this department has now been engaged since July last in attending to the duty of providing berths at the wharves of this city for vessels requiring them, and has received no complaint, either public or private, in regard thereto, it is fair to assume that the same has been performed to the satis- faction of the parties interested therein, in addition to which the members of the board have received, at various times, the personal approval of the service from many of the masters, owners and consignees of vessels of this port. With reference to the suggestion that you would be pleased to receive any additional information concerning the service that I might be pleased to make, I would state that the ques- tions submitted seem to embrace everything of importance pertaining to the subject, and, as I trust, they have been satis- factorily answered, I respectfully submit that I have nothing to add, unless it be that in my opinion there is no use whatever for any additional officials to act as harbor-masters ; that it would, and did, embarrass this department by the conferring of very similar authority on two sets of officials, and by the imposition of an unnecessary and additional expense upon the commerce of this port. Respectfully you obedient servant, L. J. N. STARK, President. Public Papebs of Governob Cleveland. 153 (Copy.) District No. i. New York, January 17, 1884. » L. J. N. Stark, President, Commissioner of Docks : Sir. — In accordance with the request that I make a state-, ment of facts in relation to the duties performed by me as dock-master, I respectfully submit the following : Since the sixteenth of July, when I assumed the office, I have often been called upon to' perform the duties pertaining to the office of harbor-master and have done them. One of the so-called harbor-masters, who was assigned to a district which forms a part of the district of which I have charge, I have not seen but once or twice since my incumbency. Owing to the fact that the oflEice of the captain of the port being located in my district, and that four so-called harbor- masters are assigned to that portion of the river front which my district covers, has tended to lessen the applications to me. There is no difficulty in my performing all the duties per- taining to the office of dock-master and harbor-master in my district. Respectfully, CHAS. H. THOMPSON, Dock- Master. (Copy.) District No. 2. New York, January 19, 1884. Hon. L. J. N. Stark, President Department of Docks : Dear Sir. — In reply to your request for a statement as to the performance of my duty in berthing vessels, I respectfully report as follows : That since my appointment as dock-master, in July last, I have provided berths for the principal portion of the vessels requiring the same in my district, which extends from the Battery to Canal street, North river, and I am still performing such duty in obedience to the instructions received from the department of docks. 164 Public Papers of Govbbnob Olevelanv. In two instances I have been informed that applications for berths were made to the late harbor-master, who in such instances assumed the right of assigning a vacant berth. But, as a rule, the applications are made to me, and in response I designate and provide suitable berths, in con- formity with your instructions. It is very rare that I meet any of the late acting harbor- masters within the confines of my district, and, as far as I know, the work of berthing vessels by the dock-masters is quite acceptable to those requiring the same to be done, and can be readily done by the department of docks'. Very respectfully yours, GEO. W. WANMAKER, Dock-Master District No. 2, N. R. (Copy.) District No. 3. New York, January 21, 1884. To the President of the Board of Dock Commissioners : Dear Sir. — Since I was appointed dock-master by your honorable board on the i6th of July, 1883, and assigned to what is known as District No. 3, East river, I have not, from my own personal knowledge, known of any vessel having been assigned to a berth by any harbor-master in my district, but in every case where I have been applied to I have provided berths for such vessels, and I have not been interfered with in performing such duties. EDWARD ABEEL, Dock-Master District No. 3, E. H. (Copy.) District No. 4. New York, January 18, 1884. Hon. L. J. N. Stark, President Department of Docks : Sir. — In reply to your request for a statement as to the performance of my duty in berthing vessels, I most respect- Public Papsrs of Oovernor Olevbland. 155 fully report that since my appointment as dock-master in July last, I have berthed a large number of vessels in my district, which extends from Canal to Twenty-third street, N. R., an^ am still performing such duty in obedience to instructions from this department. Until recently, the harbor-master very seldom was seen on the lower part of my district. In exceptional cases, applications for berths have been made to the harbor-master, who, in such instances, assumed the right of assigning berths, but a large majority of the applications are made to me ; in response, I designated suitable berths, in conformity with your instructions. Respectfully submitted, J. M. SMITH, Dock-Master District No. 4, N. R. (Copy.) District No. 5.' New York, January 22, 1884. Hon. L. J. N. Stark, President Board of Dock Commissioners : Sir. — I have the honor to report that since my appoint- ment as dock-master in July last, I have, in the discharge of my duties, berthed all vessels in the order of their application, within the limits of my district, which extends from Grand to Thirty-fourth street, E. R. During that period I have gone over the district daily, and have never seen the late acting harbor-master, nor have I any knowledge that he has attended to any of the duties pertain- ing to the berthing of vessels in my district. Very respectfully, BERNARD KENNEY, Dock-Master Fifth District, E. R. 156 Public Papers of Oovbrnor Cleveland. (Copy.)' District No. 6. New York, January i6, 1884. Hon. L. J. N. Stark, President Department of Docks, city of New York : Sir. — I have the honor respectfully to report that for the past six (6) months, in compliance with instructions received from the commissioners of docks, I have supervised the arranging and proper berthing of all vessels and water craft of every description, which arrived at the several piers, bulk- heads and slips lying in that portion of the city situate north of West Twenty-third street and south of West Fifty-ninth street, on the North or Hudson river, and designated by the department of docks as district No. 6 ; that the number of vessels, etc., thus supervised and accommodated and lying at the several piers in this district has averaged eighty, or a total of fourteen thousand six hundred (14,600) for the past six (6) months ; that the system devised by the dock department for the proper discharge of this important duty works well and gives general satisfaction, and in no single instance out of the number above named, nor for the term embraced in the last six (6) months, has any other official but the dock-master appointed by the department of docks discharged or attempted to discharge the duty of assigning vessels to berths at the several piers, etc., embraced within the limits of the sixth district. Very respectfully. Your obedient servant, EDWARD GILON, Dock-Master Sixth District, N. R. (Copy.) District No. 7. New York, January 21, 1884. To the Hon. L. J. N. Stark : Dear Sir. — I have performed the duty your honorable body has assigned to me in District No. 7, East river, including all Public Papers of Oovernor Cleveland. 157 the water front from south side of Ninety-second street to the north side of Thirty-fourth street, East river, for the past six months; in that time I have berthed all the vessels thai have come in the within district, and no other person has been attending to that duty. I have not seen the gentleman that claims to be harbor-master in that district, and have not heard of him as berthing one boat, not even a canaler. Yours respectfully, ROBERT HALL. P. S. — I have berthed all told, from July i6, 1883, to date, 576 boats of all kinds. Sworn before me this 21st day of January, 1884. ROBERT J. KYLE. Notary Public, N. Y. (99). (Copy.) District No. 8. * New York, January 17, 1884. To the Board of Dock Commissioners : Gentlemen. — During my term of service as dock-master for the Eighth district, North river, I have provided berths for all vessels whose captains, consignees or owners have made application therefor, and at no time has this duty been performed by any so-called harbor-masters. Respectfuly, THEO. S. CROFT, Dock-Master. (Copy.) District No. 9. New York, January 14, 1884. President L. J. N. Stark : Dear Sir. — From the i6th of July to date, I have berthed 465 vessels, and have turned in wharfage for same to the amount of about $1,100. 158 Public Papers of Govemnob Cleveland. The captains of the vessels express themselves as being better satisfied with the new arrangement under the dock- masters than they were before, as now they have but one man to deal with. I go over my district twice a day and have never seen a harbor-master in the di^rict. Yours respectfully, JOHN CALLAN, Dock-Master, Ninth District, East River. THE BOUNDARY LINE BETWEEN NEW YORK AND NEW JERSEY. Letter from Governor Cleveland to Governor Abbett. State of New York. EXECUTIVE CHAMBER, 1 Albany, May 28, 1884. ) To his Excellency Leon Abbett, Governor of New Jersey : Sir. — I have the honor to transmit to you herewith a certified copy of the law enacted by the Legislature of the State of New York, ratifying and confirming the agreement entered into by commissioners on the part of the States of New York and New Jersey, in relation to that portion of the boundary line between the two States extending from the Hudson river on the east to the Delaware river on the west. As it is stipulated in the agreement that it is to become binding on the two States when confirmed by the Legislatures thereof, respectively, and when confirmed by the Congress of the United States, I have the honor to request that you will advise me as to the action of the Legislature of New Jersey, and that you will join me in a communication to the Public Papers of Qovernor Cleveland. 159 Congress of the United States, asking for its confirmation of the agreement of the two States. I have the honor to remain, Your obedient servant, GROVER CLEVELAND, Governor of New York. Joint Letter to Congress. To the Congress of the United States : In accordance with the concurrent action of the Legisla- tures of the States of New York and New Jersey, the under- signed respectfully communicate and make known to Con- gress that the agreement in relation to the boundary lines between the State of New York and the State of New Jersey, entered into by commissioners on the part of the said two States, has been formally ratified and confirmed, as specifically set forth by the acts of the Legislatures of the respective States, true copies of which are hereto annexed. And pursuant to said acts, in like terms adopted, it is hereby respectfully requested by us jointly, on the part of our respective states, that the action taken and done on the subject of the boundaries thus established, be- approved by Congress. ^N^JvLt \ GROVER CLEVELAND, Governor of the State of New York. ^tlyJrsey.] LEON ABBETT, Governor of the State of New Jersey. Dated June, 1884. 160 Public Papebs of Governor Cleveland. Letter to Speaker Carlisle. State of New York. EXECUTIVE CHAMBER, Albany, June 6, 1884. \ To the Honorable John G. Carlisle, Speaker of the House of Representatives, Washington, D. C. : Sir. — I have the honor to transmit, herewith inclosed, certified copies of acts of like purport passed by the Legis- latures of the States of New York and New Jersey, respect- ively, relating to the boundary line between the States named, together with a joint letter from Governors Cleve- land and Abbett asking congressional approval of the agree- ment in this matter made by and between these States. The draft of a bill ratifying the agreement referred to is also forwarded, which, should it meet your approval, you are very respectfully requested to cause to be introduced in the House of Representatives. With the highest respect, I am, sir, Your obedient servant, DANIEL S. LAMONT, Private Secretary. Inclosures. — Certified copy chapter 351, Laws of New York, 1884. Certified copy chapter 83, Laws of New Jersey, 1884. Joint letter from Governor Cleveland and Governor Abbett to Congress. Draft of bill confirming the agreement. lilt Public Papjsbs of Oovernojr Cleveland. 161 VETO, CERTAIN AWARDS BY THE CANAL APPRAISERS. State of New York. EXECUTIVE CHAMBER, ) Albany, June ii, 1884. ) Statement of items of appropriation objected to, and not approved, contained in Assembly bill No. 434, entitled " An act appropriating money to pay certain awards made by the Canal Appraisers and the Board of Claims, with the interest thereon, and to pay counsel and witnesses employed and subpoenaed in behalf of the State." The items contained in section one, which read as follows : "Jacob F. Schoellkopf, eight hundred and fifty dollars." " John Simson, nine hundred and twenty-five dollars." These items are objected to, and not approved, for the reason that appeals from the awards made by the Canal Appraisers in favor of the persons in said items mentioned have been taken on behalf of the State by the Superin- tendent of Public Works, which appeals are still pending. GROVER CLEVELAND. 11 162 Public Papers of Governor Cleveland. MEMORANDUM FILED WITH ASSEMBLY BILL No. 466, RELATING TO THE REGISTER OF NEW YORK. APPROVED. State of New York. EXECUTIVE CHAMBER, Albany, June 14, 1884. ) Memorandum filed laitk Assembly bill No. 466, entitled " An act in relation to the office of the register in the city and county of New York.''' Approved. This bill, together with Assembly bill No. 467, entitled "An act in relation to the office of surrogate of the county of New York," which is also this day approved, came to my hands originally during the session of the Legislature and prior to the twelfth day of May last. Upon examining these two bills, I discovered certain defects and errors of so much importance, that on the day last mentioned I addressed a message to the Assembly calling attention to the imperfections in the bills, and sug- gesting that they should be recalled for amendment. This course was adopted by the Assembly, and certain amendments were made after which they were again returned to me for approval. I think they are still defective, in that while they oblige the city to pay certain salaries to the officers therein named and profess to make all fees earned by them payable to the city, they permit these officers to turn over accounts against parties for whom official services are rendered instead of fees in cash. But inasmuch as these deficiencies are not fatal, I waive my objections based thereon and construe the fact that they were not remedied, though attention was particularly Public Papers of Governor Cleveland. 163 called to them, as proofs that the Legislature differed with me as to the expediency of making the change. Among other errors, however, which were considered by all interested of sufficient importance to make necessary the recall and amendment of these bills, was one occurring in that relating to the office of register, which limited the per- formance of certain important duties only to the immediate successor of the present incumbent. In the message to the Assembly above referred to, after suggesting the recall of the bills for amendment, the follow- ing language was used : " I am led to make this suggestion for the reason that these bills belong to a class of remedial measures of great importance, and from the enactment of which valuable reforms are anticipated. It is manifest that their good effect should not be jeopardized or diminished by imperfection in their form, or by the omission of any provisions which tend to make them complete and effective." And the message concluded in the following words: " I have not had an opportunity to examine the other bills in my hands, similar to those referred to, relating to the pub- lic offices in the city of New York, with such care as is neces- sary to determine whether they contain similar imperfections. I recommend that bills Nos. 466 and 467, which are above referred to, be recalled for amendment. And in view of the near approach of the final adjournment of the Legislature, I suggest that the other bills of a like character be also recalled or carefully examined by some party familiar with the sub- jects they embrace, so that fatal defects shall not be discovered when it is too late for amendment." Notwithstanding this express warning there are two bills now in my hands which are connected in purpose and general design with those last referred to, which are so seriously imperfect that I have determined not to approve them. 164 Public Papers of Oovebnor Cleveland, One of these is a Senate bill entitled " An act to fix and regulate the terms of office of certain public officers in the city of New York," which contains the same vice in an exaggerated form that caused the recall and amendment of the bill relating to the register. It absolutely makes no pro- vision for the appointment of any officer or head of depart- ment after the immediate successors to those now in office. And the second section provides that " the mayor of the city of New York, to be elected at the general election in the year eighteen hundred and eighty-four, shall, within thirty days after the commencement of the term for which he is elected, appoint successors to each office, commissioner and head of department, who may be appointed during the remainder of the term for which the present mayor of the city was elected ; and the persons so appointed shall hold office for the same terms respectively that those officers, commissioners and heads of departments whom they succeed, would have held office if this act had not been enacted, provided that any commissioner or head of department appointed under the provisions of this act, shall not hold office for any longer term or period than the term of office of the mayor by whom such commissioners or heads of departments shall be appointed, and thirty days thereafter." Section third repeals all acts and parts of acts inconsistent with the provisions of this act. It will be seen at a glance that this bill does not purport to " fix and regulate " the terms of all appointive offices, but only such as shall be appointed during the remainder of the term of the present mayor, and their immediate successors. And it will be observed that the next mayor can only appoint successors to such officers as shall be appointed by the present mayor during the remainder of his term. I think the Public Papers of Governor Cleveland. 165 evident intention of the bill would be entirely defeated if the mayor now in office should allow the present incumbents « to hold over till the expiration of his term, instead of appointing others in their places. When the bill attempts to fix the terms of the appointees of the next mayor, it would seem to provide in the same sentence for two limitations to such terms — that is, four years from the ist day of May, 1885, as provided by the present law, and one year and eleven months from February I, 188.5. I observe, too) that the last limitation only applies to "commissioners and heads of departments," the word " officers " having been omitted, though it is embraced in the other limitation. Of all the defective and shabby legislation which has been presented to me, this is the worst and most inexcus- able, unless it be its companion, which is entitled "An act to provide for a more efficient government of the depart- ment of parks in the city of New York." This bill provides that the terms of office of the present commissioners of the department of public parks, in the city of New York, and any of their successors who may be appointed by the present mayor, shall cease on the first day of February, 1885, and that in their place the mayor shall appoint, within ten days thereafter, three commissioners, one of whom shall serve for two years, one for four years and one for six years ; and that "biennally thereafter the mayor shall appoint orie commis- sioner of the department of public parks who shall hold his office for two, four or six years, as the term of the office becoming vacant shall require or until removed." I confess 1 am utterly unable, after considerable study,' 166 Public Papers of Governor Cleveland. to determine when the terms of any appointees after the first would terminate, or how the department could be long continued with three members, under the provisions of this bill. In 1887 the shortest term of these officers would expire, and a commissioner should be appointed. What length of time for the new commissioner does the office becoming vacant "require?" I think the language of the bill can be most reasonably answered by making another appointment for two years. If this were done the new appointee's term would expire in 1889. But at that timfe the four years' term of an original appointee would also expire, making two offices to be then filled, while the mayor, by the bill, is limited to the appointment of one commissioner in that year. If it was intended to create a commission of three mem- bers, it is entirely evident that the term of all appointees; after the first, should have been for six years. Appreciating the litigation and the sacrifice of rights and interests which result from defective laws, I have earnestly tried, during my . official term, to enforce care in their pre- paration. I am importuned every day to allow laws to go upon the statute book which are mischievously imperfect, but which are deemed good enough to promote the purposes of interested parties. It is not pleasant to constantly refuse such applications, but I conceive it my duty to do so. Though the purposes of these bills are supposed to be in the public interest, and though their failure may be a dis- appointment to many, I 'do not see that I should allow them to breed dispute and litigation touching important public offices and to be made troublesome precedents to encourage careless and vicious legislation. GROVER CLEVELAND. Public Papers of Governor Cleveland. 167 VETO, APPROPRIATION BILL, ITEM FOR PROSE- CUTION OF THE STATE SURVEY. State of New York. EXECUTIVE CHAMBER, 1 Albany, June 14, 1884. \ Statement of an item of appropriation objected to, and not approved, contained in Assembly bill No. 182, entitled "An act making appro- priations for the support of Government." The following item in said bill is objected to and not approved: " For the board of commissioners of the State survey for the prosecution of the State survey for fixing meridian and other lines and points as bases of county, town and other surveys, pursuant to chapter two hundred and sixteen of the laws of eighteen hundred and seventy-eiuht, fifteen thousand eight hundred dollars." My opinion on the subject of the present mode of con- ducting the State survey has been more than once officially expressed. After an expenditure of a sum considerably in excess of one hundred thousand dollars, very little seems to have been done of practical benefit to the people. That the correct location of certain points which shall be bases for local surveys would be beneficial, I have no doubt, and I should be glad to see such a work performed. But I am not able to appreciate the importance of the elaborate, slow and expensive survey of the State which this appropri- ation is intended to continue. I am still of the opinion that a sufficiently correct and exact location of boundary lines and monuments to answer every useful purpose could be conducted under the supervision of the State Engineer and Surveyor within a reasonable time and at a comparatively small expense. If, however, it must be done by a depart- 168 Public Papers of Governor Cleveland. ment formed for the special purpose, it would, I am satisfied, . be much better to appropriate a large sum of money and speedily complete the work. GROVER CLEVELAND. VETO, SUPPLY BILL, CERTAIN ITEMS IN. State of New York. EXECUTIVE CHAMBER, \ Albany, 'yune 14, 1884. S Statement of items of appropriation objected to, and not approved, contained in Assembly bill No. 428, entitled " An act making appropriations for certain expenses of government and. supplying deficiencies in former appropriations." The several items herein enumerated contained in Assem- bly bill No. 428, entitled " An act making appropriations for certain expenses of government and supplying deficiencies in former appropriations " are objected to, and not approved, for the reasons hereinafter stated. For the officers and employes of the Legislature of eighteen hundred and eighty-four, not exceeding three in number in each house, as may be designated by the presiding officers of the respective houses, to remain after the adjournment of the Legislature to perform duty under the direc- tion of the Clerk of each house, respectively, for a period not exceeding ten days, to each one in such sum, not exceeding his legal per diem allowance, as the Clerk of each house, respectively, shall certify and apportion out of the sum hereby appropriated, the sum of three hundred and sixty dollars, or so much thereof as may be necessary. This item is objected to, and not approved, for the reason that as a matter of right and principle this expense should be provided for in the regular appropriation for legislative expenses ; and for the further very conclusive reason that compensation for the services mentioned in the item has actually been made from such appropriation. Public Papers of Governor Glevbland. 169 For Samuel C. Harris, for eight days' service as assistant door-lteeper of the Assembly, from the first day of January to and including the eighth day of January, eighteen hundred and eighty-four, the sum of forty dollars. This item is objected to, and not approved, for the same reasons given for the disapproval of the preceding item. For the purpose of encouraging improvement in the manufacture of butter and cheese, and the cultivation of hops and other crops, the sum of two thousand five hundred dollars, to be distributed in premiums by the Central New York Agricultural, Horticultural and Mechanical Association, at Utica, upon vouchers to be approved by the comptroller. This item is objected to, and not approved, for thereason that it is a gift of money to a local association to be dis- tributed in premiums, and because the very liberal appro- priations already made for the encouragement of agriculture ought not to be increased. For composing and printing testimony taken by and before legislative investigating committees for the year eighteen hundred and eighty-four, for the use of such committees, upon bills therefor, which shall be certified by the chairmen of such committees and the presiding officers of the respective houses, and to be audited by the comptroller, the sum of fifteen thousand dollars, or so much thereof as may be necessary. This item is objected to, and not approved, for the reason that the sum .of thirty-two thousand dollars, appropriated in an item which has been approved for the payment of the general expenses of the investigating committees mentioned in this item, should be and I believe is sufficient to cover the expenses above specified. These investigations are in many cases necessary to the intelligent inauguration of needed reforms, but their extrava- gance and the expense aitending them constitute an abuse which also furnishes a proper subject for reform. Much of this investigation could be done at the city of Albany with but little expense ; but in actual practice New York city seems to be the favorite head-quarters for the operations of these committees, where the most expensive quarters, at 170 Public Papers of Governor Cleveland. the most expensive hotels, seem to be thought necessary to a proper performance of duty, while a retinue of counsel, clerks, messengers, sergeants-at-arms and stenographers are in attendance, and frequently render the most exorbitant claims for their services. I have bills reported to me where the hotel expenses of members of investigating committees and their attaches are charged as high as nineteen dollars per day. If only the legitimate claims connected with this work are allowed and properly audited, I am satisfied that the appropriation contained in this item can be saved to the taxpayers of the State and all reasonable expenses be fairly paid. For the Binghamton Asylum for the Chronic Insane * * * for build- ing smoke houses, two hundred and fifty dollars ; for building addition to meat room and moving ice-house, three hundred and fifty dollars ; for build- ing vegetable cellar, one thousand dollars ; * * * for repairing ward windows, two hundred and fifty dollars ; * * * for five tons of fertilizer for farm and garden use, one hundred and sixty dollars ; for two lumber wagons, one hundred and sixty dollars ; for two sets double harness, one hundred dollars ; for farm and garden utensils, three hundred dollars ; for apple and pear trees, one hundred dollars ; for a washing machine for the laundry, four hundred and seventy-five dollars ; * » * for furnishing new detached building, one thousand dollars ; for general repairs to asylum, one thousand dollars ; for medical books and surgical instruments, two hun- dred dollars ; for carpenter's tools, one hundred dollars ; for plumbing and steam-fitting tools, two hundred and twenty-five dollars ; for tools for engineer at water-works, one hundred and fifty dollars ; for blacksmith's tools, seventy-five dollars ; for alterations of buildings to accommodate thirty-five more patients, eight hundred and fifty dollars ; * * * for new boiler, one thousand dollars ; and for payment for a horse killed and wagon destroyed by the falling of the said treistle, two hundred and five dollars. These items are objected to, and not approved, for the reason that I am satisfied that those of them, which are in the nature of permanent improvements, can be well dispensed with at this time, and the others represent small expenditures which should be made from the funds pro- Public Papers of Governor Cleveland. 171 vided by the State for the general maintenance of the institution. For the State Homoeopathic Asylum at Middletown, for the erection of aS addition to one pavilion, for day rooms, the sum of twenty-five thousand dol- lars, but no part of this appropriation shall be expended except upon plans and specifications for such addition to said pavilion, to be approved by the board of trustees of said asylum and the comptroller, upon estimates and contracts that such work will be completed for a sum not to exceed the amount hereby appropriated for such purpose, and for walks and covered terraces about the exercise grounds of said asylum, and for grading the said grounds, and for draining the flat lands east of the asylum, the sum of six thousand dollars. These items are objected to, and not approved, for the reason that they are expressly disapproved by the State Board of Charities after an examination made by them, and upon their face they appear to be expenditures not abso- lutely necessary at this time. For the. widow of the late Henry Gallien, deputy state comptroller, the sum of four thousand dollars, being the amount of the salary of the said Henry Gallien for one year. This item is objected to, and not approved,, for the reason that it grants a gratuity from the treasury of the State, which is neither based upon any equitable claim or legal consideration. While the sentiment involved in this appro- priation is creditable, and while it would be exceedingly pleasant for me to join the Legislature in presenting the sum of money mentioned to the family of an employe of the State who died in its service, having for many years faithfully performed the duties pertaining to a most respon- sible public position, I cannot forget that the money which it is thus proposed to appropriate was drawn from the people by taxation, for the purpose of meeting the neces- sary expenses of the government, and that we have not their consent to apply it to other objects. It is further undeniable that during all the time of his service and up 172 Public Papers of Governor Oleveland. to the very day of his death, Mr. Gallien was paid by the State a liberal and generous salary. I cannot think that this gift is permissible if due regard is had to the rights of the people, with such an application of business princi- ples to the subject as they are entitled to demand. For Mrs. Catherine D. Pierson, widow of William W. Pierson, late jour- nal clerk of the Senate, the sum of eight hundred dollars, being that portion of his annual salary as such journal clerk which has not been paid to him. This item is of the same character as that last above mentioned, and is objected to, and not approved, for the same reasons. " For the State Museum or Natural History, for the printing of labels, binding of books and for stationery, four hundred dollars, to be paid on the certificate of the director and the audit of the comptroller." This item is objected to, and not approved, for the reason that the annual appropriation made to the State Museum of Natural History should be sufficient to meet the expenditure provided for in said item. For the Western House of Refuge * * * for fitting up and furnishing four shops, for the employment of instructors therein, and for material and incidental expenses thereof, to establish a school of technology, fifteen thousand dollars ; for compensation for loss of earnings growing out of the change of the hour for schools, and in withdrawing one hundred boys from the shoe shop, six thousand nine hundred dollars. These items are objected to, and not approved, for the reason that the institution for which these appropriations are intended has within a few months been investigated by a committee from its Board of Managers, and also by another appointed by the last Assembly. Each committee reported that such a condition of affairs had been per- mitted to exist in this reformatory, as, to say the least, was calculated to impair the confidence of the people in its management, and thus diminish its usefulness. Since these reports were made public, an effort to fill the places Public Papers of Governor Cleveland. 173 of some of the managers whose terms had expired, failed in such' a manner as to plainly indicate a determination on the part of at least some members of the board, tb perpetuate its management. It is well for the taxpayers to know whether the State has any control of these insti- tutions, and it is well for the people to inquire whether abuses in a house of refuge intended for the care of children should not be corrected by a change of management. I have carefully abstained from any interference with the appropriations for the maintenance and repair of this institu- tion as now conducted ; but I deem it my duty to prevent the present management from extending its field of opera- tions at the expense of the State. For the Comptroller, to be expended under the supervision of the officers of the Gettysburg Battle Field Memorial Association, in the erection of suitable permanent monuments to mark the positions occupied by New Yorlc troops in the decisive battle of Gettysburg, and in preserving or reproducing and perpetuating the several defensive works thrown up by them, the sura of ten thousand dollars. This item is objected to, and not approved, for the reason that the appropriation is to be expended under the supervi- sion of a society, the purposes of which seem but little understood, and which appears to be a private corporation or association. The objects to which the money may be applied are patriotic and praiseworthy ; but an appropria- tion for these purposes seems to be in conflict with section ten, article eight of the Constitution, which provides that " neither the credit nor the money of the State shall be given or loaned to, or in aid of, any association, corporation or private undertaking." For collecting, under the supervision and direction of the Secretary of State, all the iournals and papers extant kept by the officers and soldiers of 174 Public Papers of Governor Cleveland. Sullivan's army during the campaign of seventeen hundred and seventy-nine against the Six Nations of Indians, embracing the records of the battle of Newtown, as celebrated on the battle ground, on the twenty-ninth day of August eighteen hundred and seventy-nine, including the address of General William T. Sherman, on the dedication of a monument to the memory of the heroic dead ; including, also, complete records of the centennial celebra- tion of incidents of Sullivan's campaign, held at Waterloo, September third, at Geneva, September sixteenth, and at Aurora, September twenty-fourth, eighteen hundred and seventy-nine; and for publishing five thousand copies thereof, ten copies thereof to be furnished to each member of the Legislature, one to each officer and reporter thereof, one copy to each officer of the State government, five hundred copies to the State library for exchange and distri- bution, and the remainder for the board of regents of the university, for dis- tribution as they shall deem advisable, the sum of five thousand dollars, or so much thereof as may be necessary ; the work of collecting and publishing to be let by the secretary of state to the lowest responsible bidder in each case, and the whole work not to cost more than the amount of this appropriation. This item is objected to, and not approved, for the reason that the matter to be collected and published, with the manner of its distribution, does not seem to be of suflBcient public importance to justify the expenditure. For the commissioners of quarantine, for the purchase of a new boarding tug for the use of the health officer, seven thousand dollars ; for repairs to buildings, roofs, gutters and plumbing, for repairs to rip-rap, for new plat- form and new timbers for docks at Hoffman island and repairs thereof, two thousand five hundred dollars ; for painting and general repairs of buildings and roofs of the residences of the health officer and his deputy at upper quarantine station, one thousand dollars. * » » These items are objected to, and not approved, for the rea- son that they are either not deemed necessary to the mainte- nance of the quarantine department, or are such expenditures as should be made by the health officer, if essential to the performance of his duties, and met from the enormous income he claims from fees which he is still allowed to retain. The corporation formed under and pursuant to the authority of chapter four hundred and ninety-two of the laws of eighteen hundred and seventy, for the purpose of constructing warehouses, docks and wharves for quaran- Public Papers of Governor Cleveland. 175 tine purposes in the bay of New York, shall not be deemed dissolved if it shall commence its operation within two years from the passage of this act. This item is objected to, and not approved, for the reason that if the existence of the corporation therein named is to be extended, a provision to that effect should not be put in the supply bill. Especially is this true when, as in this case, it is in no way connected with an appropriation having relation to such provision. If the insertion of the items in this bill, which is devoted to entirely different purposes, is at all effect- ive, the objections to this mode of legislating are too obvious to need especial mention. GROVER CLEVELAND. ACTS OF THE LEGISLATURE NOT APPROVED. State of New York. EXECUTIVE CHAMBER, 1 Albany, June i6, 1884. ) The following described bills, passed by the Legislature, remained in my hands at the time of its adjournment, and have failed to become laws through not receiving the approval of the Executive : A 746. Amending section 690 of the New York City Consolidation Act, relative to park keepers. I am quite clear that the keepers of the park provided for by this bill are not a class of employes that should only be discharged after trial. There are certain workmen who should be subject to dis- charge at the will of the employer, and I think these keepers belong to that class. 176 Public Papjbss of Governor Cleveland. A. 565. For an additional hospital in the upper part of New York city. The intention of the Commissioners of Charities and Cor- rections was to obtain authority to purchase and fit up at moderate cost a building for the reception and temporary detention of patients until they could be otherwise pro- vided for. The engrossed bill omits all mention of a reception hospital' within the prescribed limits, and authorizes the comptroller to issue bonds for the sum of fifty thousand dollars for the payment for the land and erection of the hospital. The secretary of the commissioners informs me that this bill is not what they want at all. Fifty thousand dollars would be entirely insufficient for the purpose contemplated, there is no specific time for the bonds to run, and no means provided for their payment. A. 388. Supplementary to the law relative to places of amusement in New York city. This bill exempts, without any apparent reason, a certain hall from the payment of license fees. The title defines it as " supplementary " to a certain act. The body of the bill "amends" the act by adding a new section two. There is already a section two in the act amended. I think the bill is wrong in principle as well as in form. S- 355. To improve the condition of the sinking fund in New York city. This bill does not seem to be properly guarded. If the sinking fund is largely in excess of any possible needs, a carefully prepared plan might well be adopted for the pay- ment of certain of the city bonds held by the comipissioners. But they should, I think, be particularly specified, and the amount to be annually canceled limited. The cancellation of such revenue bonds as are now held by the commis- sioners, seems to me particularly objectionable. Public Papers of Governor Cleveland. 177 The measure is opposed by the commissioners of the sink- ing fund and other city authorities. It was passed in one house May sixth and the other May fourteenth, and I am not satisfied that it was properly considered. S. 447. To provide for the appointment of five hundred additional patrol- men in New York city. This bill provides for an increase in the police force, which, considering the present provisions of law on that subject, I consider unnecessary and unreasonable. The city authorities oppose the bill, and there does not seem to be any way pro- vided for the payment of the additional patrolmen's salaries. A. 688. To lay out a permanent exterior street in New Yorlj city. This bill contemplates a very extensive improvement. It is opposed by the city authorities, by the dock department, by the projectors of the East Side park, and by some owners of land in the vicinity. It would seem that the owners of the land fronting on the proposed street would be particularly benefited, and yet by the bill the whole expense is to be paid by the city. This is contrary to the rule adopted by the city in other street openings, and seems very objectionable. A part is to be paid by the issue of "dock bonds," and the remainder by the city, apparently from the taxes of one year — at any rate there is no provision for any bonds. I think, even if the purpose of the bill was proper, it is imperfect in form. A. 493. To alter the map or plan of New York city — Morris avenue. This bill seems to be unconstitutional, in that it is a local act and contains two silbjects, and only one of them is expressed in its title. A. 569. To authorize New York city to contribute fifty thousand dollars to the Bartholdi statue fund. This bill, it seems to me, is clearly unconstitutional under section eleven, article eight of the Constitution, which pro- 12 178 Public Papers of Governor Cleveland. vides that no city, county, town or village shall be allowed to incur any indebtedness except for county, city, town or village purposes. The bill also provides for the issuing of revenue bonds without any provision for their payment or that the amount be put in the tax levy. A. 449. Relative to the claim of George Nunn and William H. Wilson, to be placed upon the pension roll of the -fire department of New York city. This bill should be rejected, if for no other reason, because it provides that if it shall appear that George Nunn was permanently injured, the said board are "authorized to place the name of said George Nunn and William H. Wilson upon the pension roll." A. 560. Relative to the claim of Robert T. Bailey against New York city. The services which were rendered by the applicant named in this bill, I am informed, were rendered as early as 1867. If the comptroller should examine it, he would, I think, be obliged to reject it as barred by limitation. I know of no excuse for the presentation of such very old claims, and I cannot think any just demand would have been allowed to sleep so long. A. 72. For the relief of Isaac Piser. This is a claim for services rendered in 1873, eleven years ago, under an appointment as interpreter, which was unau- thorized. The applicant for relief nevertheless received his salary from the first day of January, 1870, to the first day of May, 1873. The claim is for eight months more. If the claim has any merit, it has been neglected beyond all reason, and there is great objection to the specification of the kind of proof which the comptroller shall have pre- sented to him. PoBLic Papers of Governor Cleveland. 179 A. — . Relative to the claim of Mary E. Bleakley against New York city. The claim mentioned in this bill is a very old one, and is now barred by the statute of limitations. I do not think under this bill the comptroller could find that there is any- thing "justly due." In that view it is useless. If the bill has the effect of reviving the claim, it is very objectionable, because it deprives the city of a defense which it has secured under the law. S. 414. For the relief of Wesley S. Yard. This claim is more than ten years old, and ought not to be considered for that reason alone. And if the comptroller should consider it, he ought to promptly reject it as barred by limitation. S. 211. To provide for the repavement of Fifth avenue, New York city. 1. The provision in this bill that if a bid is not received for four hundred thousand dollars or less, the work may be readvertised, and on such readvertisement the work may be let upon the lowest bid, which is for five hundred thousand dollars or less, is a direct invitation to those bidding to force a readvertisement, and consequent higher bids. A better scheme for corrupt combinations between bidders and resulting loss to the city could not be devised. 2. There is no discretion as to the kind of pavement. It must be granite. 3. There is no provision for raising money by tax to pay the principal and interest of the bonds. A. 334. To prohibit "bucket-shop" business. This bill is, I fear, so inartificially drawn that it will pro- hibit any contract for the sale of stock not actually delivered. If I understand it, the prohibitions of the bill would go much further than its promoters intended, and subject to 180 Public Papers of Governor Cleveland. punishment persons who do not deem themselves in immediate danger. I believe " bucket shops " should be suppressed, but I think a better bill should be devised for that purpose. S. 328. To amend section twenty-two of the Code of Criminal Procedure. This bill, as I understand it, allows the Oyer and Terminer, on its own motion, in any case, to remove an indictment to that court for trial. I think this is a little broad. S. 304. To amend section forty-nine of the Code of Criminal Procedure relative to compensation of justices of sessions in Kings county. I know of no reason why Kings county should be excepted from section forty-nine. S. 413. To amend section five hundred and twenty-eight of the Code of Civil Procedure. This bill permits the Court of Appeals in a capital case to grant a new trial, if it be satisfied that the verdict was against the law or evidence, or that justice requires it, whether any exception shall have been taken or pot. This is a wide departure from the present practice. I am willing to extend proper opportunities to a prisoner con- demned to death ; but I am in extreme doubt whether this bill, if signed, would not force counsel for the convict to go to the Court of Appeals upon the chance offered in any capital case, thus adding to the delay of punishment and the labor of the highest court of law, with no corresponding advantage to the condemned. The amendment is also disapproved by public prosecutors of learning and experience, to whom it has been submitted. S. 379. To amend sections five hundred and seventy-nine and five hun- dred and eighty of the Code of Criminal Procediire. The object of this bill is to allow bail to be taken for a party arrested iipon an indictment, whether for a felony or Public Papers of Govmrnor Gleveland. 181 misdemeanor, in any part of this State where he may; be arrested. The object of a bench-warrant is to secure the attendance of the indicted to plead to the indictment and be tried. I am not sure that allowing bail to be taken in case of felonies where the defendant is arrested is an improvement. However that may be, in specifying the magistrates which shall take such bail, the bill speaks of the class mentioned in the second subdivision of section five hundred and fifty-seven. There is no such subdivision, and if this additional power is to be given to judicial officers there ought to be no uncertainty as to who they should be. S. 43. To amend section seven hundred and ninety-two of the Code of Criminal Procedure. Section seven hundred and ninety-two has reference to search warrants. This bill amends by calling them warrants. They are entirely distinct, and I think the amendment should at least begin by saying, " Such warrant,'' instead of "A warrant." I do not see that this bill is really needed, since chapter four hundred and ninety-six of the Laws of eighteen hundred and eighty-one appears to furnish ample remedy, A. 403. To amend subdivision two of section one hundred and ninety-one of the Code of Civil Procedure. This bill would permit an appeal to the Court of Appeals from the Marine Court (city court of New York), without the consent of the General Term. In the present condition of the calendar of the Court of Appeals, I think this new access to that court should not be allowed. A. — . To amend section ninety-seven of the Code of Civil Procedure. I can see no sense in this bill. It apparently allows the county judge of Westchester county to name the constables 182 Public Papers of Governor Cleveland. who shall attend not only the County Court, but the terms of the Supreme Court. It does not appear to be confined to the number, but includes the persons. A. 333. To amend section seven hundred and fifty-seven of the Code of Civil Procedure. This bill, it appears to me, is too broad. There is a diflB- culty about serving notice of motion on a foreign executor. It seems to permit the action to proceed against him for the entire claim, if only a small part of the deceased's assets have been brought into the State, and I do not see why it does not permit the whole claim to be prosecuted against him person- ally, though he may have acquired but very little of the prop- erty of the deceased " in trust for himself as devisee or legatee under the will.'' S. 234. To amend section seven hundred and ninety-one of the Code of Civil Procedure. I am not satisfied of the propriety of making the proposed addition to the already long list of preferred causes. S. 239. To amend section eight hundred and thirty-one of the Code of Civil Procedure. The amendment proposed by this bill permits a wife, in any proceedings involving the allegation of adultery, to testify not only to the fact of marriage, but to disprove the charge of adultery. This, it seems to me, is equivalent to allowing her to testify generally in such a case, and is in direct opposition to the long established policy of the law. As a practical question, it would lead to perjury or to silence when she might speak, which would constantly be urged as a tacit admission of guilt. A. 355. To amend section twelve hundred and seventeen of the Code of Civil Procedure. The interpolation of the word " apparently " in this bill would, I think, lead to confusion and injustice. Public Papers of Governor Cleveland. 1.83 S. igi. To amend section thirteen hundred and twenty-five of the Code of Civil Procedure. This allows a year to appeal in a case in which permission of the General Term is necessary. Application for such consent must be mad'e at the General Term rendering the determination, or at the next term. There should be some provision permitting an appeal allowed by the General Term within a certain time after the order is granted. But this amendment is ambiguous and susceptible of doubtful construction. S. 330. To amend section twenty-two hundred and thirty-one of .the Code of Civil Procedure, relative to rents and taxes. I approve of the purpose of this bill, but cannot sign it, for the reason that the word " owning," in next to the last line of section two should be " owing." This, I think, is a mis- take important enough to call on me to reject the bill. S. 67. To amend section twenty-seven hundred and twenty-two, twenty- eight hundred and two, twenty-eight hundred and thirty-seven and twenty- seven hundred and ninety-three of the Code of Civil Procedure. I think this bill imposes an unreasonable burden on the parties pursuing administrators, guardians, etc. (72 N. Y., 565; 81 N. Y., 573; 87 N. Y., 572.) A 391. To amend section twenty-nine hundred and ten of the Code of Civil Procedure. The propriety of this bill is extremely doubtful. It requires the constable to serve the affidavits, etc. — not copies. It is very clear that the original of these papers should be retained by the justice. A. 133. To amend section three thousand and twenty-four of the Code of Civil Procedure, relative to the issue of executions upon judgments by justices of the peace. I think this case is already sufBciently provided for by section three thousand and twenty-four and three thousand and twenty-seven. 184 Public Papers of Governor Cleveland. S. 367. To amend section twenty-eight hundred and seventy-nine of the Code of Civil Procedure. This bill is too indefinite as to the person who shall be deemed a general or local agent. A. — . Relative to notaries public in Erie county. The nresent law provides for a sufficient number of notaries. Si 35g. Relative to weeds and brjish in public highways. Only the first section amends chapter forty-nine of the Laws of eighteen hundred and seventy-eight. The rest are independent provisions, and confuse, instead of amending, the law of eighteen hundred and seventy-eight. A. 90. Relative to preservation of game. The word " birds " is omitted from the title of the bill. It provides for exemplary damages and a penalty for a private trespass, and there is no such officer as superin- tendent of the poor of towns — it is "overseer." A. 375. Relating to the preservation of game. The law hereby amended is repealed by section forty of chapter five hundred and thirty-four of the Laws of eighteen hundred and seventy-nine. A. 648. Relative to the removal of obstructions in Chautauqua lake. This is not a proper appropriation of State money — not a State water highway. See veto of Governor Cornell, papers of eighteen hundred and eighty-one, page sixty-one. S. sgo Relative to payment of school taxes by railroad companies. I cannot imagine why the county of Cattaraugus should be excepted from the general Law of eighteen hundred and eighty-one, and no reason has been suggested. S. 375. Amending corporation tax law. The title is to amend chapter one hundred and fifty- one of the Laws of eighteen hundred and eighty-two. Public Papers of Governor Cleveland. 185 The first section amends section nine of chapter three hundred and sixty-one of the Laws of eighteen hundred and eighty-one. This latter chapter has but two sections. See confusion and nonsense in lines ten, eleven, twelve, thirteen and fourteen. Section two amends section eleven of chapter one hundred and fifty-one of eighteen hundred and eighty-two There is no such section. The first section amended strikes out the remedy by suit. The second section amended refers to a suit thus brought. It is all wrong. S. 308. Relative to the formation of railroad corporations. Section fourteen of the law of eighteen hundred and eighty-one- is : " This act shall take effect immediately." This remains untouched, and the effect of this bill is to add another section fourteen. I do not think the title should be amended in the manner proposed. ■A. 351. To define the duties of railroad commissioners. Railroad companies are not required to report before December first, so that the Comptroller would have no data to assess by on December first, for the year ending the pre- vious September thirtieth. S. 336. To incorporate the State Loan and Trust Company of the city of New York. I think this -company should be made expressly subject to the provisions of the revision of the banking law of one thousand eight hundred and eighty-two (see sections two hundred and nineteen to two hundred and thirty-four), which are applicable to trust companies. These special charters for corporations of this description give very extensive and dangerous powers, and they should be well guarded. I fur- 186 Public Papers of Governor Cleveland. ther agree with the Superintendent of the Banking Depart- ment in his disapproval of this bill, on the ground that it allows the company to become security for public officers (see section eleven, subdivision nine), and because it allows a branch to be established in Brooklyn. S. 53. Relative 10 banks, banking and trust companies. This bill does not change the status of foreign associations, I think. A 635. To amend the act to authorize the formation of railroad corpora- tions in foreign countries. This is all wrong. The bill does not specify any amend- ment to the law of eighteen hundred and eighty-one, and makes no place for the provisions of the bill in the original act. Besides, it describes the act to be amended in the title as passed June third; it should be June sixth. A. 273. Relative to formation of town insurance companies. The law which this bill seeks to amend was repealed by chapter three hundred and forty-seven of the laws of eighteen hundred and sixty-two, which saved such corporations as had been organized under the statute thus repealed. Instead of attempting to amend a law that has been repealed, this bill should, as an original act, give companies now existing under it the additional powers which is attempted to be given by this amendment, if thought proper. A. 274. Relative to mutual insurance companies in certain towns in Albany and Greene counties This bill embraces two subjects: ist. Amending previous statutes, etc. 2d. Extending corporate existence of a certain corporation. It is a local and private bill, and embracing more than one subject not expressed in the bill, is unconstitutional. (Art. 3, sec. 16.) Public Papers of Govmrnos Cleveland. 187 S. 22. To regulate the defense of suicide by life insurance companies in cases of insanity. I do not see why a person should not be permitted to deliberately make an agreement with an insurance company to the effect that the policy should not cover a loss by suicide, though the insured at the time of death should be insane. A. 715. To except the town of Pultney from the operation of laws pro- hibiting the laying out of highways through orchards and vineyards. This is the worst kind of special legislation, and there has been no pretext presented to me why it should be indulged in in this case. S. 437. Relative to Board of Health of Saratoga Springs. It seems to me that the power vested by this bill in the trustees of the village, to appoint a health physician for the village and town, who shall be a member of the board of health of such village and town, is unconstitutional, the trustees of the village not being authorities of the town. (See Constitution, art. 10, sec. 2.) A. 528. Relative to the support of the Syracuse fire department. I think this bill is unconstitutional so far as it affects present incumbents of office. See Constitution, article three, section eighteen, subdivision as to " creating, increasing or de- creasing fees, per centages or allowances of public officers dur- ing the term for which said officers are elected or appointed." A. 580. Relative to repairs of highways from Wilmington to North Elba. This bill contains matter not expressed in its title in relation to the settlement of the accounts of the commis- sioners, and the application of certain moneys to the improvement of a highway. On this account it is, I think, unconstitutional. It seems that an eflfort was made to amend the title so that it would come nearer to covering the provisions of the bill. 188 Public Papers of Qovbrnor Olbveland. The object of the bill was not, however, added to the title, and if it had been, I am not sure that it would have helped matters. A. 405. To amend the charter of Newburgh. The first section of chapter five hundred and forty-one of the Laws of eighteen hundred and sixty-five, amended by section four of this bill, describes the boundaries of the city. By the proposed amendment the boundaries would be stricken out and the officers of the city put in their place. Under this state of things the city charter would have two sections (section i and section i of title 2), designating the officers of the city, but it would be without boundaries. A. 504. Relating to a separate road district in Northfield. No reason has been presented to me for the passage of this bill, and it is represented that the citizens are opposed to it. The number of commissioners was fixed at one in eighteen Jiundred and eighty, and I have no reason to suppose that a single commissioner is not equal to the emergency. A. 439. To authorize the construction of a bridge over the canal in Newark. I can see no good reason why the State should build this bridge for the people of Newark. A. 336. To legalize the title of the St. Paul's Methodist Episcopal church of Onondaga Valley to certain lands. If the conveyance by the surviving trustee was valid and effectual, no law confirming it is needed. If it was not, it was in derogation of the rights of the cestui qui trust, which ought not to be swept away by the Legislature, even if it has the right or power to do so. Public Papers of Governor Cleveland. 189 A. 658. Relative to the Oswego water supply. This bill is opposed by the Mayor of Oswego and twelve - out of fourteen of the Aldermen, and I think this a gojd" reason for withholding my signature. The city now has a contract with a company to furnish water to the city which extends for four years longer. A. 440. Relative to waste gates in the Erie canal in the village of Spencerport. There is no public interest subserved by this bill. Cer- tain millers were using the waters of the canal, and by their dams caused an overflow, which the Board, of Health condemned as a nuisance, and directed the canal authorities to clear the waste weir, which was done. The object of this bill is to build another to accommodate the mills. A. 778. To authorize the Syracuse Water Company to supply the village adjacent to Syracuse with water. I think the title of this bill does not properly express the subject of the same. It purports to be a bill authorizing the Syracuse Water Company to supply the village adjacent to Syracuse with water. The bill declares that said com- pany shall supply with water "any village adjacent or near to said city." S. 348. To provide the city of Utica with water. I do not think the provisions of this bill, which contem- plate taking the property of the Utica Water-Works Com- pany are legal ; or, if legal, sufficient. It is at least very doubtful whether the lands or easements which have once been condemned for public use by the water-works company can be again condemned for the same use. If they can, this bill does not adequately provide for the appraisal of the contract with the city which the proceedings will nullify. No rule is laid down for determining the value of this, nor 190 Public Papers of Governor Cleveland. any of the easements of the company. The plan of appraisal adopted by this bill is that contained in the general railroad law, which only provides for the appraisal of real estate. If the right to thus take the property was legal, and if the provisions were adequate, I still think the city ought not, on principle, fairness and good faith, to acquire to itself the subject of the contract with this company, and annul said contract, making no provision for the debts of the company. S. 309. To amend the charter of Troy, relative to violation of the excise laws. This bill is fatally defective because a part of it, as passed, is omitted in engrossing. I am by no means sure that the provision allowing the superintendent of the poor and attor- ney to satisfy judgments is proper. If the judgments belong to the city they can be compromised and settled (probably) by the city authorities. If they, or any part of them, belong to third parties, the city authorities ought not to be allowed to settle them. A. 4g5. Relative to the public peace in the town of Watervliet. My opinion is that the locality named in this bill has now only an adequate police force. If four policemen were needed in eighteen hundred and eighty-one, I think they are needed now. The cutting down the appropriation from two thousand five hundred dollars to one thousand five hundred dollars, would, of course, reduce the force, which, I think, is unwise. A. 282. Relative to the purchase of hose for the fire department of Saratoga Springs. If the amount authorized to be expended by this bill cannot be put in the tax levy after June third (as I am advised), there is no use in signing this bill after that date. Public Papers of Governor Cleveland. 191 The bill is not drawn properly, inasmuch as it provides that the trustees may expend upon the faith and credit of the village in the first section, and provides that it shall be raised with the other taxes for the year one thousand eight hundred and eighty-four in the second section. Section two is also blind and ungrammatical. I am of the opinion that the subject had better be delayed. A. 68g. Relative to the disposal of sewage in the village of Saratoga Springs. The attempt in this bill to blend independent provisions with amendments of the law of one thousand eight hundred and eighty-one, has bred such confusion that I am sure the proposed law would be a source of embarrassment and trouble. The amendment of the law of one thousand eight hundred and eighty-one authorizes issuing bonds of the to7vn in anticipation of the receipt of the money provided by this act J whereas, the money spoken of is not raised under the amended law of eighteen hundred and eighty-one, but by the independent provision of the- act of eighteen hufidred and eighty-four. The whole thing is a jumble. A. 627. To amend the act to authorize the town of Glenville to purchase a bridge. The present law on the subject contained in this bill seems sufficient. It is the citizen or taxpayer that is now exempted ; ■ and if exempted at all, it should make no difference whether the vehicle he rides in is owned within the limits of the town or not. A. 787. To enable corporations to extend their existence. The power to extend the existence of all corporations formed under general laws by a vote of the stockholders is now given by chapter twenty-nine of the Laws of eighteen hundred and fifty-seven, and chapter nine hundred and 193 Public Papebs of Oovernob Cleveland. thirty-seven of the Laws of eighteen hundred and sixty- seven. If corporations formed under special laws are unpro- vided for, these statutes relating to other corporations might be extended to them, but I do not think that in all cases it ^ould be left to the directors, instead of the stockhold- ers, to extend the corporate existence to an indefinite and unlimited time. A. 342. To authorize the Yates County Agricultural Society to sell and convey a portion of its real estate. Agricultural societies formed under chapter four hundred and twenty-five of the Laws of eighteen hundred and fifty- five may sell real estate by cbnsent of the court. (See sec- tion seven of that act.) A. 417. To amend the charter of Buffalo. A bill has been lately approved providing for the appoint- ment of commissioners to revise or prepare a charter for the city of Buffalo, w;ho are directed to report such charter to the next Legislature. This bill contains several quite important changes in the present law, and, if approved, may have the effect of con- fusing the provisions of the new charter ; or they may hardly be in operation before they are superseded by the new law. On the whole, I am inclined to leave all altera- •tions to be embodied in the new charter, which I hope will be a very complete one. S. 227. To authorize the formation of the New York Transit Company. The amendment of this bill in section three, which is written over an erasure, makes a muddle of the language of the bill by authorizing railroad and steamboat compa- nies and hotel proprietors, and ^requiring them to issue licenses. This language in the original bill applied to the Board of Police. ■ Public Papmbs of Governor Cleveland. 193 By section eight any railroad or steamboat employe, or hotel keeper or employe, who shall refuse to grant the employes or agents of said company any of the rights and privileges granted them under the terms and conditions of the fore- going sections of the act may be sued, etc. This verbiage fitted the bill when there was no provision for consent of hotel keepers, but it is hardly applicable to the bill as it now appears. See provisions of section three written over erasures (amendment) and provisions of section eight. The last are unnecessary after the amendment to section three. A. 534. Amending charter of Montezuma. A remonstrance is presented against this bill ; various officers are abolished by it, and an error in the third section in speaking of " highway labor in said section," renders it nonsense. S. — . Relative to school system of Ithaca. First. The authority to raise the money by installments contemplates that a certain part of the same shall be put in the tax levy for each year, according to the install- ments determined on. The certificates are not contemplated' at all. Second. The rate of interest is too high. Third. There are two subjects in the bill, to wit : The right to issue certificates, and the enlargement of the powers of the Ithaca Savings Bank. Fourth. It gives the savings bank an exclusive privilege, to wit : To alone, of all the savings banks, invest in these certificates. A. 633. In relation to the village of Geneva, Ontario county. The case provided for by this bill is embraced in a bill 13 194 Public Papers of Govsbnob Cleveland. regulating railroads, passed at the last session of the Legis- lature (1884), and which has been approved. A. 662. To authorize the village of Danforth to contract with the Syracuse Water Company. A bill passed authorizing the Syracuse Water-Works Com- pany to supply the villages adjacent or near to said city, has been disapproved and not signed. As this bill, if signed, would not accomplish any purpose, on account of want of authority in the Syracuse Water Company to contract, I think it best not to approve the same. A. 555. To authorize the Supervisor of Denmark to convey certain land. This apparently permits the supervisor of Denmark to convey without compensation the land of the town to a private corporation without the special assent of the town. This should not be done in any event ; and the giving away of the land of the town in this way is prohibited by section eleven, article eight of the Constitution. S. — . Relating to Union school district in towns of Lysander and Van Buren. The superintendent of public instruction, to whom this bill was referred, is of the opinion that the power sought to be conferred by the amendment proposed in this bill is already vested in the board of education of the union free school district named in the bill. A. 727. Relative to voting at town meetings on propositions to raise money by tax. The law amended by this bill prescribes the manner of voting to raise money in sums over five hundred dollars. This bill has different provisions for all cases, regardless of amount. The latter, if proper in other respects (which I doubt), might well supersede the present law; but stand- Public Papers of Governor Cleveland. 195 ing with it, and becoming a part of it, must lead to uncer- tainty and confusion. A. 589. To legalize the acts of the trustees of the First Presbyterian church of Batchellerville. ■ The sale of the church property was absolutely void, and I do not think the proposed law would vest a good title in the purchasers. And if this conveyance can be made effective by legislation, I think it should be passed with the approval of the congregation. A. 660 To renew the charter of the Salisbury and Manheim Plank-Road Company. The charter of this plank-road company expired Novem- ber fifteenth, eighteen hundred and seventy-eight. On the twenty-second day of November, eighteen hundred and seventy-eight, the board of supervisors, under the law of eighteen hundred and seventy-six, passed a resolution •extending the charter. This was the proper mode of secur- ing the extension, and it is provided by general law. In the fear of the futility of the action of the board of super- visors this bill is proposed, giving retroactive effect, and renewing the charter from November fifteenth, eighteen hundred and seventy-six. In the meantime the people have acquired rights by the expiration of this monopoly, which I do not think should be destroyed in the manner proposed by this bill. A. 652. To provide for the payment of certain claims for work done on the Amsterdam Water- Works. I should like to aid the parties who furnished materials and did work for the contractors at Amsterdam ; but as the vil- lage has paid all it owed to the contractors, and is in no way liable to the others, I do not see but that any further payment to the creditors of the contractors would be a gratuity pro- hibited by section eleven, article eight of the Constitution. 196 Public Papers of Govebnob Cleveland. A. 659. Relative to assessments for paving in the city of Albany. The mayor objects to this bill, and I agree with him that it authorizes too large a sum to be annually expended for the purposes named. S. 443. Releasing certain lands in Syracuse to Harriet N. Marvin. On the 6th day of May, 1884, the Land Board passed a resolution that the land described in this bill, and other lands, be advertised and sold, as being " largely in arrears for principal and interest." I do not understand this. A. 506. To prevent obstruction of the highways by snow drifting. The ascertainment of damages is not in accordance with article one, section seven , of the Constitution. Commis- sioners of appraisal should be appointed by the court. S. — . Incorporating Uniformed Veterans, Twenty-third regiment, National Guard. I think the present law is sufficient to permit the organi- zation provided for by this bill. S. — . To prevent persons from wearing the badge of the Grand Army of the Republic. This bill makes it a misdemeanor to wear a badge of the Grand Army. The wearing need not be characterized by any intent, but is criminal if not in accordance with the rules and regulations of an army post with which the wearer may be entirely unacquainted, and the penalty recovered on conviction is left in its disposition altogether too indefinite. S. — . To incorporate the Veteran Association, Seventy-first regiment. National Guard. I am satisfied that the present general laws are sufficient for the proper organization of this Veteran Association. A. 479. To prevent sale of cigarettes to children. The title of this bill is "An act prohibiting the sale or Public Papers' of Governor Cleveland. 197 giving away of cigarettes to any minor under the age of fourteen years." But the law does not prohibit the giving away, only the' sale, and allowing to be given away. It goes too far or not far enough. A. 39. To regulate th'e hours of labor of drivers and conductors of horse cars in cities. I fail to see any good purpose to be gained by this bill. It is distinctly and palpably class legislation, in that it only applies to conductors and drivers on horse railroads. It does not prohibit the making of a contract for any num- ber of houra' work, I think; and if it does, it is an interfer- ence with the employer's as well as employe's rights. If the car drivers and conductors work fewer hours, they must receive less pay; and this bill does not prevent that. I cannot think this bill is in the interest of the workingman. A. 484. To provide for the assessment of property in certain cases, and to regulate and equalize the same. This would be a troublesome and might be a very vexa- tious proceeding. If the present law does not reach the case herein provided for, it would be much better to declare the omission of property of assessors by them a misdemeanor. A. 67. In relation to appeals from surrogates' courts. I cannot quite understand this bill, which I think is a good reason why I should not sign it. There is beside an evident omission of something in line thirteen, after "eighty." Probably the words "such party'' should have been inserted. A. 544. To provide for the payment of services rendered by Benjamin F. Congdon. There must be a better way than that designed by this bill to settle the claim therein mentioned. It is not entirely cer- 198 Public Papers of Oovernos. Glevbland. tain that the costs and expenses of proving the claim should be included in the recovery, nor that the claim should be paid out of the annuity. And if it should be so paid, it cannot be under this bill, as "annuity " reads "annulity," which is an absurdity. S. 347. To require the Secretary of State to procure a suitable plate and to print certificates to be presented to honorably discharged soldiers and sailors who served the United States from the State of New York. This, if done at all, should be done by the Adjutant- General. S. 278. To create a forest commission for the State of New York. This bill came to my hands after the adjournment of the Legislature, which rendered it impossible for me to appoint a commission under its provisions. In the meantime, in the supply bill, an appropriation is made, to be expended by the comptroller for purposes almost or quite identical with those with which the commissioner under this bill would be charged. I am of the opinion that if this bill is signed, though no commissioner is appointed, it would pre- vent the expenditure under the supply bill. At any rate there would be danger of such a result. In this event the object sought would entirely fail. This bill provides that a commissioner shall be nominated for confirmation by the Senate within ten days. This cannot be done, and I am clear that the whole subject, so far as it is embraced in this bill, had better be postponed. A. 731. To annex the town of New Lots to the city of Brooklyn. It is represented to me that if this bill is signed the project of annexation will be defeated by the voters at the polls. I think the bill is faulty. In the first section it declares that the town of New Lots is annexed, and afterwards pro- Public Papers of Governor Cleveland. 199 vides that the people shall determine the question at the next election, and it is declared that the law shall take effect immediately. I think it should have provided that all but th^ section submitting the subject to the people should take effect January first, eighteen hundred and eighty-five. (See chap. 613, Laws of 1873.) A. 530. To authorize the town board of Flatbush to license and regulate public hacks, vehicles, vendors and peddlers. This bill represents a kind of special legislation which should be discouraged. The provision is especially objec- tionable which directs the Court of Special Sessions to pay over the amount of penalties, less the expenses of conviction, to the town board. All should be paid over and the expenses of the convictions afterward paid by the town. S. 405. To organize the Veteran Reserve of the National Guard. The association of the veterans of the National Guard for social and benevolent objects, and to foster and keep alive their interest in the parent organization, is a laudable and pleasant thing to do. And this can be fully accom- plished under existing statutes. There seems to be much interest manifested in this bill, and I am exceeding sorry that my ideas of duty to the State oblige me to refuse to approve the measure. The National Guard is a department of the State of great importance, though I fear this fact is not fully appre- ciated for the reason that their services are ordinarily not needed. I place so much importance, however, upon the proper maintenance of the Guard that I am unwilling to do anything which, in the almost unanimous opinion of those connected with it, and in my own judgment, will impair its efficiency or injure its morale. This bill merely creates a separate military establishment. 200 Public Papkrs of Governor Glmveland. amenable to none of the laws that regulate the regular guard, and not subject to the constituted militai'y authori- ties of the State. They elect their own officers, and call upon the Governor to grant them a military commission without regard to their fitness to perform any military duty. They are subject to no military service except upon the command of the Governor, in the absence of the regiment of which they are veterans; and they cannot be called away from home on any duty. Their rules and regulations are entirely of their own making, and their uniforms (and prob- ably their arms) of their own selection. In such circum- stances I am sure that it might well be considered as exceedingly risky to call on such organizations for serious military service. Their practical usefulness to the State not being a sufficient reason for signing the bill, it is my opin- ion that the rank and uniform of soldiers should not be given by the State to these voluntary and self-regulating organizations. Military titles should be given by the State to military men, and it should dictate the uniform its soldiers shall wear with a view to practical work and usefulness. To cheapen these things by according them to others than the soldiers of the State, cannot fail, it seems to me, to breed natural discontent, and bring about a lack of hearty enthusiasm, upon which the usefulness of the Guard so much depends. I hope that the veteran associations may continue as at present organized, or as they now have the right, will organize, and in a proper and useful sphere do much to support and encourage the active soldiers of the Guard. S. 458 To amend charter of Saratoga Springs. The trustees of the village of Saratoga Springs have ample power to prescribe the places where hacks shall stand, Public Papers of Governor Cleveland. 201 and they should manage the matter and not shirk the duty. The Legislature has no business with it. A. 767. Amending an act for the incorporation of societies or clubs for certain social and recreative purposes. Chapter three hundred and sixty-eight of eighteen hun- dred and sixty-five, was amended by chapter seven hundred and ninety-nine of eighteen hundred and sixty-seven, allow- ing trustees, etc., to be divided into classes and a part to be elected annually. It was further amended by chapter six hundred and ninety-eight of eighteen hundred and seventy- three, so the number might be increased to thirteen in sub- stantially the same manner as proposed by this bill. The bill nullifies and ignores both of these amendments, and changes the original act so that the number of trustees can be increased indefinitely, but not diminished as was provided by the amendment of eighteen hundred and seventy-three. The power to classify is lost as well as the power to diminish, and the increase may be without limit. These are objections which I regard as vital. S. 341. To incorporate the Safety Elevator Insurance Company of New York. I doubt the propriety of allowing an insurance against liability for damages which may be claimed against the insured arising from accidents in an elevator. Will it not tend to the relaxation of care in their management, and increase danger to life and limb ? The individual liability of the stockholders should not be limited to the amount unpaid on the stock. A. 168. Amending act to prevent adulteration of food and drugs. The title of this bill declares it to be an amendment of chapter four hundred and seven of the Laws of a02 Public Papers of Governor Cleveland. eighteen hundred and eighty-one. But that is the last that is said on the subject of amendments. On the con- trary, it appears to be an entirely independent act, repro- ducing the act of eighteen hundred and eighty-one, with alterations, and in some cases prescribing diiferent penalties for the same offense. It does not even repeal the Law of eighteen hundred and eighty-one in terms. Besides the imperfections in the construction of the bill, it does not seem to be just right in substance. Ought a man to be punished who innocently and in good faith has, or even sells, adulterated drugs ? A. 802. Amending act for relief of corporations organized under general laws. It seems to me the law of eighteen hundred and seventy goes far enough. This bill permits any infirmity or omission in any applica- tion or proceedings in relation to the same to be cured simply by the filing of an amended certificate, with no amendment of anything else connected with the formation of the corporation. A. 277. Amending act to provide for the' organization and regulation of certain business corporations. I think authority for a corporation to mortgage its prop- erty should rest upon a vote of its stockholders, as is now provided by the general manufacturing law, and that the directors should not be permitted to make such a mortgage in the absence of such permission. This bill is unintelligi- ble where it provides that bonds may be issued, " secured by mortgage on its real estate not so secured." Something is evidently omitted. Public Papers of Oovebnob Cleveland. 203 A. 625. To establish a board of assessors in Richmond county. This bill provides for largely increasing the expenses of assessing property in Richmond county. It is special legis- lation designed to exempt the county from the operations of the general State law, and the people of that locality seem to be opposed to it. A. 486. Relating to the administration of oaths in canal business. This bill is fatally defective in that it provides for the filing of certain signatures with " the Auditor of the Canal Depart- ment," which oflBcer no longer exists under the statutes. A. 683 Relating to the sheriiif of Rensselaer county. I cannot understand why this bill is not unconstitutional. It certainly fixes the compensation, even if it does not increase or diminish it, of the present sheriff, and also his allowances. A. 255. Compensation of supervisors in Monroe, Orleans and Broome counties. No reason appears why the supervisors of the three coun- tiesnamed should be paid more than those of other counties. If supervisors do not receive sufficient compensation, a gen- eral law should be passed changing the existing statute. This bill would increase the compensation of officers now in office, which is in direct violation of the Constitution of the State. (Const., art. 3, sec. 18, sub. 10, and art. 3, sec. 24.) A. 312. For the reclamation of overflowed lands adjoining the Indian river in Jefferson and St. Lawrence counties. I cannot understand why injuries to the riparian owners, of the kind named in this bill, should be sued for by the com- missioners appointed for entirely different purposes. It is specially provided that the damages to be recovered shall be only such as the owners themselves might recover, and the remedy provided for by injunction is the usual one resorted to between individuals in such cases. I do not see why the 204 Public Papers of Governor Cleveland. people themselves should not prosecute. In a letter pre- sented to me in favor of the bill, its object is declared to be to relieve the owners themselves from beginning such suits. A. 784. For the conveyance of lands — J. Stewart Dennison. The proposition contained in this bill is to release what- ever interest the State may have in land in Warren county to a perfect stranger, who has no equitable or other claim, such as is usually presented in like cases. If he has claims against the estate of the deceased alien, he should enforce them in such a way as to cause the land to be sold for their payment ; and after he has gained such a title, it will be in order, if necessary, for the State to release or the Land Board to convey, when permission is given them to do so. A. 575. Conveying lands in Franklin county to Robert Schroeder. The policy of the State is settled to prevent the transfer of these lands, and I see no reason why the premises described in this bill should be transferred to Mr. Schroe- der. It is said that the aquisition of the tract is of import- ance to him on account of its possessing a pleasant view and a pond in which he wants to fish The view will be fully as pleasant if the State retains the title to the land, and I do not think that his fishing will be seriously inter- fered with by the failure of this bill. S. 344. To amend sections 315 and 316 of the Code of Civil Procedure. The object of this bill is to increase the jurisdiction of the former Marine Court, now City Court, in the city of New York, from twenty-five hundred dollars, as now limited, to causes involving a sum not exceeding five thousand dollars. With all the other courts in the city of New York having Public Papers of Govsbnob Cleveland. 205 jurisdiction exceeding that of the court in question, I can see no good reason for extending its jurisdiction at this time. S. 292. Amending the New York City Consolidation Act, relative to the board of health. This bill is intended to enlarge the powers of the board of health. Whatever may be the merits of the measure, an insuperable objection to its becoming a law, in my mind, is the provision therein contained that a summons may be served on parties violating certain ordinances or regulations of the board of health by posting the same upon the premises or even upon an unoccupied lot, and by mailing a copy thereof to the owner or principal, if his place of residence be known. As I understand the bill, such service might be followed by entry of a judgment for quite a large penalty against such person. I regard this manner of service entirely inadequate. S. 340. To amend the Consolidation Act of the city of New York in reference to the erection of buildings. The purpose and object of this bill is important ; and it seems to have received a good deal of attention from parties who know what is needed in reference to matters of which it treats, but the construction of the bill is so faulty, the inaccuracies and mistakes in its language are so numerous, and some of them so likely to lead to complications, that much as I approve of the object of the measure, I have determined to withhold my signature from it. As one instance of carelessness displayed in drawing this bill, I refer to the amendment to.section thirty-two, amending section five hundred and five of the consolidation act which gives to the superintendent of buildings power "to remit any fine or fines, penalty or penalties^ which any person or persons may have incurred, or may hereafter incur, under 206 Public Papers of Governor Cleveland. any of the provisions of this act" — the "act" referred to being what is called the consolidation act, providing for the government of the city of New York. There are numerous fines and penalties having no relation to the subject treated of in this bill, which, under its language, the superintendent of buildings would have power to remit. This, of course, was never intended. S. 325. To repeal certain acts relative to the city of New York. The object of this bill is to repeal laws in existence, some of them for a very long time before the consolidation act of 1882 was passed, and the most valuable parts of which are now embraced in the said last mentioned act. Some objection has been made to the repeal of these, old acts by citizens who fear that some omission in the consolidation act may make it necessary to fall back upon the old statutes. It has been suggested, too, that some of the particular laws repealed by this act ought to stand. I am of the opinion that the matter can, without any detriment to the public interests, be postponed to another Legislature. S. 262. Tenure of office ; and A. 471. Three-headed park commission. I have given the reasons at length for withholding my approval to these bills in the memorandum filed with the bill relating to the register of the city of New York. S. 421. To provide for an additional Aqueduct Commissioner. The object of this bill is to provide for the addition of the president of the board of fire commissioners to the aqueduct commissioners already in office. The board as now constituted seems to have the work well in hand, and I can see no good purpose to be gained by an addition to their number. Public Papess of Governor Cleveland. 207 A. 473. To extend the length of the pier in the North river between West Forty-first and Forty-second streets, New York city. The construction of the pier provided for by this bill is strongly opposed by the public authorities of the city of New York, as I think, upon very substantial grounds. It is claimed that the present pier is an illegal structure, which this bill would legalize, and that it would seriously interfere with and in a measure destroy the piers which are provided to be built at the foot of Forty-first and Forty-second streets, and that it would give special privileges to the Metropolitan Gas Company. I think care should be taken not to injuri- ously interfere with the general plans of the dock department, in view of the constantly increasing demands of commerce. A. 459. To authorize the election of additional justice of the peace in the city of Brooklyn, and to create an additional district. The judicial districts in Brooklyn were rearranged at the session of the Legislature preceding the last, and the necessi- ties of the city were supposed then to be fully met. I am not satisfied that the wants of the people require the additional justice provided for, and I consider the bill an unwise inter- ference with the districts so lately established. S. 436. Relative to gas-light companies in the county of Kings. ist. The title of this bill is to amend a general law of eighteen hundred and forty-eight " as to the county of Kings." 2d. The bill itself is not an amendment of any existing provision of the general law, but an entirely iodependent act, and a special act at that. 3d. If the title is not so misleading as to vitiate the bill, it must still be considered a special act, and in that view it contains more than one subject, to wit: Regulations for the county of Kings, and also separate and distinct regulations for the city of Brooklyn. 208 Public Papers of Oovernob Cleveland. 4th. The purpose of the bill is plainly to establish a monopoly among such gas companies as already have con- sents from the municipal authorities. A. 519. To provide for and define public or legislative printing. This act changes entirely the mode of contracting for legislative printing, by directing that all of the different kinds of printing shall be regulated by a separate contract or specified prices. The present plan has been in force but a few years, and as I understand it, has given quite general satisfaction, and I see no good reason for changing it. A. 770. To allow persons whose lands were damaged by the " Chenango canal extension " to file claims for such damages, and to collect the same. I suppose the claims mentioned in this bill are already barred by the statute of limitations, under the Constitution, which fixes the same limitation between the State and claimants as exists between private parties. If that be true, and the State is thus protected by the Constitution, no law can revive a claim which has been already thus barred. A. 481. To authorize the State Board of Claims to hear and determine claims of Thomas Featherstone. This bill authorizes the Board of Claims to " hear, audit and determine " certain claims against the State which on the face of the bill appear to have accrued no later than the year eighteen hundred and seventy-seven. It thus appearing that the claims are barred by limitation under the Constitution, the Board of Claims would be obliged to dismiss the pro- ceedings immediately on that fact appearing. A. 480. To authorize the State Board of Claims to hear and determine claims of Thomas J. Lawlor. This bill is similar to the preceding one, except that the claims are in favor of a different party, and the same reasons for its rejection apply. Public Papers of Governor Cleveland. 209 A. 59. To amend the charter of the Safety Fund Mutual Insurance Company. The object of this bill is to amend the charter of a mutual insurance company formed under the general statute. The change proposed' substitutes money instead of notes or obligations, which is according to the general plan. It is objected to on the ground of its being special legislatiop, changing the law in regard to only one corporation, and as being against the policy of the statute under which like companies are organized. S. 477. In relation to certain fees and compensation of the sheriff of Albany county. This bill allows a change in the fees and allowances of the present sheriff of Albany county. This is clearly in violation of section eighteen of article three of the Constitution, which prohibits the passage of a private or local bill " creating, increasing or decreasing fees, per centage or allowances of public officers, during the te^m for which said officers are elected or appointed." S. — . To amend the charter of the city of Albany. The present charter of the city of Albany provides for the designation by the common council of three official papers, which shall publish all ordinances and other matters required by law to be published. The amendment proposed , by this bill provides that if among the official papers thus designated, one of the great political parties shall not be represented, the common council may designate a fourth official paper, in order that such party may be represented. I should like to approve a bill providing but for one official paper for the city of Albany. If two are deemed necessary, it should perhaps be provided that they shall be 14 310 Public Papers of Governor Cleveland. papers representing the views of each of the great parties ; but any bill permitting the designation of four official papers in the city of Albany appears to me to be entirely unneces- sary and a useless expenditure. S. 362. In relation to the Bethpage cemetery, in the town of Oyster Bay, Queens county. This act seems merely to authorize the trustees of this cemetery to grant plots in the cemetery for burial purposes, and to hold and keep the money derived therefrom and apply the interest to the expense of keeping the ceme- tery improved and in repair, and after an accumulation of a certain sum that the principal may be applied to like purposes. With the numerous statutes in relation to cemeteries of all kinds and descriptions, it cannot be possible that a special law is necessary in order to permit the trustees of this cemetery to do the very acts for which they were chosen or elected. No necessity for the passage of this law has been suggested. A. 626. Relative to the village of Newark. The title of this bill declares it to be an act to revise and amend a certain chapter in the Laws of eighteen hundred and sixty-four, entitled "An act to amend the charter of the village of Newark," and the several acts amendatory thereof. It seems to me that this title is defective, since in the body of the bill there is no reference made to any statute as being amended, but it comprises apparently an entirely new charter for the village. This kind of legislation comes very near being an evasion of the Constitution, which prohibits the Legislature from passing acts incorporating villages, and where acts of this kind are passed, I think they should be entitled to consolidate Public Papers of Governor Cleveland. 211 or revise charters as contained in certain statutes in their title referred to. While on account of the defective title I have not examined this bill with the utmost care, I observe one section in it which seems objectionable. It provides that any person elected or appointed to office under this act who shall refuse to qualify within five days after notice of such election or appointment, shall forfeit and pay the sum of ten dollars for the use of the village. While this would be a very proper provision in the case of any person who voluntarily assumed the duties of an office and failed to qualify, and while I would not object to some manner of compelling a better class of citizens to accept office at the hands of their neighbors by election, it seems to me the fining a person for not accepting an office to which he may be appointed, permits those having the appointing power to subject a man to the penalty without the least consultation with him. A. 706. Amending the charter of the village of Phoenix, Oswego county. The title of this bill is not unlike that in relation to the village of Newark ; and inasmuch as it appears that the first election under this bill will not occur until the third Tuesday in March, eighteen hundred and eighty-five, no harm can ensue if its passage is postponed until the next Legislature. A. 458. To authorize and direct the Secretary of State to compile and publish laws relating to the poor, and to distribute the same. There is no appropriation made for this, and no limit given as to the amount to be expended. Besides this, the poor laws are so multitudinous, and there are so many local and special statutes relating to the subject that the compi- lation of these, together with the preparation of regula- tions and instructions provided for in the bill, would be a 212 Public Papers of Governor Cleveland. very extensive undertaking, and to be properly done should be put in the han^s of those who are specially qualified for labor of this character. A. — . In relation to the claims of Thomas M. Costello and Charles M. Curtis. This bill authorizes the Board of Claims to hear claims of certain parties against the State, which I understand to be now barred by the limitations prescribed by the Consti- tution. If this be so, the bill cannot benefit the claimants, inasmuch as when the fact appeared to the board that the constitutional limitation had attached, it would be their duty to at once dismiss the claims. S. 200. Relative to shore inspectors. The object of this bill is to appoint two shore inspectors to perform the duties heretofore devolving upon one such ofBcer. The necessity of having an additional shore inspector has not been fully explained to me, and some of the provisions of the bill are so confused as to be almost unintelligible. A. 501. Relative to the Cohoes water supply. After a very full hearing, a little more than a year ago, I approved chapter four hundred and twenty-nine of the Laws of eighteen hundred and eighty-three. One of the principal arguments used for its passage was that the water then furnished by the Cohoes Water Company was impure. That law contemplated the furnishing of a new supply of water, etc. Nothing has been done under that laiy, and it is now proposed to repeal all of it that permits new works to be erected, and authorizes putting down new pipes which will enforce the continuation of the present supply. This pur- ports to be a bill to amend the law of eighteen hundred and eighty-three, but there are but two sections of it which Public Papers of Governor Cleveland. 213 amend that law in terms. The rest is an independent act, and confusion is sure to arise, I think, between the provisions of the two acts. I think if the scheme of the act of eighteen Iiundred and eighty-three is to be abandoned, it should be repealed and another law substituted, or the sections of the old act should be amended in such a way that the existing law would be clear. A. 343. Relative to mechanics' liens. This bill repeals in distinct terms a number of mechanics' lien laws, including one specially applicable to the city of New York. I notice two features in this bill which I think objectionable enough to warrant me in deplinirig to sign it. ist. It gives a// parties, having claims, four months after performance of work or furnishing of material to file a lien. 2d. It allows on proceedings to enforce the lien the same costs as in foreclosure cases. This would be quite onerous, and I think should not be allowed. A. 549. Amending the act allowing illegitimate children to inherit real and personal property. This bill would, I think, make a very radical and dangerous change in the law. GROVER CLEVELAND. THE CIVIL SERVICE. State of New York. EXECUTIVE CHAMBER, \ Albany, June 30, 1884. J In the exercise of the authority conferred upon the Gov- ernor by chapter 354, Laws of 1883, entitled " An act to regulate and improve the Civil Service of the State of New York," and the acts amendatory thereof, 214 Public Papjebs of Governor Cleveland. I, Grover Cleveland, Governor of the State of New York, do hereby promulgate the following rules for the regulation of the Civil Service of the said State, and all officers and persons in the civil service of the State, and persons seek- ing to enter said service, will govern themselves accordingly. Done at the Capitol in the city of Albany, this the thir- tieth day of June, in the year of our Lord one thousand eight hundred and eighty-four. GROVER CLEVELAND. Rule I. In these rules, and the regulations thereunder, the term " Commission " indicates the Civil Service Commission of the State of New York, and the terms " class," " subdivision " and " grade " are those established by the classification of the civil service of the State, approved by the Governor, September 3, 1883, and the positions now comprised in, or hereafter entered in, such classification shall, in the aggregate, be taken as the civil service of the State referred to herein, and the term " public service " shall be taken to comprehend all persons in the service of the State, without regard to such classification. Rule IL No person in the public service is, for that reason, under any obligation to contribute to any political fund or purpose, or to render any political service, and no person shall be removed or otherwise prejudiced for refusing so to do. Rule III. No person in the public service has the right to use his official authority or influence to coerce the political action of any person or body. Rule IV. For the purpose of indicating the manner in which selec- tions shall be made for filling the positions in the civil serv- ice, when vacant, such positions shall be enrolled by class, subdivision, grade or name in some one of the five schedules. Public Papers of Governor Cleveland. 215 designated respectively as A, B, C, D, and E, which schedules are hereunto annexed and form a part of these rules. The right is reserved to transfer, hereafter, any position from one schedule to another, as, from time to time, the conditions of good administration or the general interests of the public service may require, in which case, prompt publication of any such transfer will be made to all concerned. Rule V. Schedule A shall include the deputies of principal officers, duly authorized by law to act for their principals; all officers, clerks and others whose official relations are necessarily strictly confidential to the head of the office in which they serve ; officers or others under official bonds as security for the collection, custody or disbursement of public moneys, or who, by virtue of their position, have the custody of pu-blic moneys for the safe-keeping of which any officer must give bonds, and such other positions as may now or hereafter be included in this schedule, according to law, and such schedule shall comprise the following positions : CLASS I — SUBDIVISION II. In the Governor's office, the private secretary, the pardon clerk and the stenographer ; in the office of the Secretary of State, the deputy secretary ; in the office of the Comptroller, the deputy comptroller and confidential clerk ; in the office of the Treasurer, the deputy treasurer, the chief clerk, the book- keeper and the pay clerk; in the office of the Attorney- General, the two deputies and the confidential clerk; in the office of the State Engineer and Surveyor, the deputy; the deputy superintendent of public instruction; the deputy superintendent and special examiners of the Banking Depart- ment; in the Insurance Department, the deputy, the chief clerk, the actuary and the private secretary; in the Department of Public Works, the three assistant superintendents, the special agent and the financial clerk; the clerk of the Superintendent of Prisons; the clerk, deputy clerk and reporter of the Court of Appeals ; the secretaries of the Railroad Commission, the Board of Health, the Board of Charities, the Commissioners 216 Public Papers of Governor Cleveland. of Emigration, and the Civil Service Commission ; the chief examiner of the Civil Service ; the treasurers of asylums ; the Game and Fish Protectors, and the Superintendent of Public Buildings. Rule VI. The appointments to positions comprised in schedule A may be made without examination under these rules, but such examinations may be had upon the request of the appointing officer. Appointing officers must notify the Commission, in writing, of all appointments to such positions within five days after the same are made. Rule VII. Schedule B shall include the following : CLASS I. All clerks and other persons of whatever designation, ren- dering service similar to those of clerks in any branch of the State service, in the following grades : SUBDIVISION I. First Grade. — Clerks and like employes receiving an annual compensation of less than $i,ooo. Second Grade. — Clerks and like employes receiving an annual compensation of f r,ooo or more, but less than $1,200. Third Grade. — Clerks and like employes receiving an annual compensation of $1,200 or more, but less than $1,560. CLASS III — IN SUBDIVISION III. Office messengers and orderlies in the courts, offices and public buildings at Albany. CLASS IV. In Department of Public Works. SUBDIVISION II. Inspectors of boats and cargoes. CLASS VI. In prisons and reformatories. Public Papers of Governor GLEvtLAND. 217 SUBDIVISION III. First Grade. — Guards in prisons and reformatories. SUBDIVISION V. First Grade. — Teachers in reformatories receiving an annual compensation of less than $500. CLASS VII. In asylums, hospitals and similar institutions, and by the Commissioners of Emigration. SUBDIVISION VII. First Grade. — Teachers receiving an annual compensation of less than $500. Rule VIII. Appointments shall be made or employment shall be given in the positions in schedule B by selection from those persons graded highest as the results of open competitive examinations. Rule IX. The competitive examinations shall be practical in their character, and with paramount regard to those matters which will fairly test the relative capacity and fitness of the persons examined for the service which they seek to enter. The examinations shall be held at such times and places as the Commission may designate, and ten days' previous notice of each examination will be mailed to all eligible applicants of record. Special regulations, in which the particular conditions (if any) of the examination will be specified, will be issued, when deemed expedient by the Commission, prior to the examinations. Rule X. All regular applications for admission to such competitive examinations will be on blanks in a form prescribed by the Commission, and the applicant must state therein on oath, and in his own handwriting : i. His full name, residence and post-office address. 2. His term of residence in this State. 3. His citizenship. 4. His date of birth. 5. His place of 218 Public Papers of Governor Glbveland. birth. 6. His previous employment in the public service, if any. 7. His business or employment for the last preceding five years. 8. His education. 9. If in the military or naval service of the United States in the late war, give name of organization or vessel to which attached, date of enlistment or commission, position or rank, date and cause of discharge from the service, and any physical disability incurred in such service. 10. Such other information must be furnished as the Commission may reasonably require, touching the applicant's fitness for the public service. The application must be accompanied (i) by a certificate of a practicing physician in good repute that he has examined the applicant and found him free from any physical defect or disease that would be likely to interfere with the proper dis- charge of his duties in the position in the Civil Service sought by such applicant ; and, (2) by the certificate of not less than three, nor more than five reputable citizens of this State, that they have been personally acquainted with the applicant for at least one year, and believe him to be of good moral charac- ter, of temperate and industrious habits and in* all respects fit for the sei"vice which he wishes to enter, and that they are willing that such certificate shall be published for public information. The applicant must also state in his application the grade or subdivision in this schedule he seeks to enter, and whether he limits such application to any particular department,' office or institution. Rule XI. Defective applications will be suspended and applicants notified to amend the same, but no such notice will be given or opportunity granted a second time. Whenever the applica- tion shows that the applicant is not within the prescribed limits of age, or otherwise not qualified under the rules and regulations, or is manifestly unfit for the service, the applica- tion will be rejected. Rule XII. The date of the reception of all applications shall be indorsed thereon, and entered of record by the Commission, and if the Public Papers of Governor Cleveland. 219 applicants for admission, to any grade or subdivision are in excess of a number that can be examined at a single examina- tion, they will be notified to appear in their order on the» respective records, provided that persons who have been honorably discharged from the military or naval service of the United States in the late war shall have precedence in such notification. Rule XIII. For the purpose of making examinations of applicants from time to time as may be required, the Commission will desig- nate and select at Albany and other places a suitable number of persons to be members of boards of examiners, and will duly commission such persons as examiners ; and the Com- mision may at any time substitute any other person in place of any one so selected. When persons selected as examiners are in the official service of the State, the head of the depart- ment or office in which such persons serve shall be consulted ; and in the discharge of their duties as examiners the persons so selected from the official service will be responsible solely to the Commission, and will act under its regulations and direction. Rule XIV. Under the direction of the Commission the chief examiner will prepare a list of subjects of examination for the several grades and subdivisions in this schedule upon which each applicant must be examined. To such list of obligatory sub- jects there may be added certain other subjects in which the applicant may be examined or not at his option. The general standing of each applicant shall depend solely upon his rela- tive proficiency in the obligatory, subjects. For the purpose of determining the general average standing, certain relative weights will be given to the obligatory subjects, which weights shall be adjusted to the relative importance of the subjects. Rule XV. No person whose standing on any obligatory subject is less than fifty, or whose ascertained average standing on all the obligatory subjects is less than seventy, will be entered upon the eligible list. 220 Public Papers of Govmrnob Qleveland. Rule XVI. The names of the persons who have passed above the mini- mum, as set forth in the previous rule, will be entered upon a register in the order of their excellence, and opposite each name will be entered the standing of such person in each optional subject in which he may have been examined. Rule XVII. 1. Whenever any officer having the power of appointment to or employment in any grade or subdivision in this schedule shall so request, the Commission shall certify to him the names of three eligible persons who are graded highest on the proper register, indicating such of them (if any) as have been honor- ably discharged from the military or naval service of the United States in the late war. 2. From the three persons whose names are so certified the officer shall make a selection to fill the vacant place, subject, however, to the provisions of Rule XLIV, giving preference in appointments to certain persons. 3. Whenever such request shall indicate that proficiency in any of the specified optional subjects is of prime importance in the position to be filled the Commission may certify the names of the three persons in the eligible list having the highest standing (not being below the minimum of seventy) on such optional subject. The Commission shall have power to order a new or special examination whenever there are no persons on the eligible list sufficiently qualified in such optional subjects, or whenever an appointing officer shall apprise the Commission that any special qualifications are required for the position vacant. All positions filled by selections based on optional or special subjects will be specially noted in the pub- lished gazette of appointments, and in the official register of qualifications and schemes for examination, as being special positions in respect of such qualifications. 4. In the selection from the persons whose names are certified as above by the Commission, the appointing or employing officer, upon his written requisition therefor, will be furnished with the application and examination papers of Public Papers of Governor Cleveland. 221 all the persons so certified, and in the exercise of his responsi- ble power of selection he may summon personally before him the certified persons for such verbal inquiries as he may deem , proper. All papers furnished upon requisition as above must be returned to the Commission with the notice of selection. Rule XVIII. Whenever physical qualifications are of prime importance in the proper discharge of duties in any position, applicants must pass a physical examination and be certified as qualified in such respect before record on the proper eligible list for selection for such position, or before certification by the Com- mission as qualified for such selection. Rule XIX. 1. No person on any register shall be certified more than three times to the same officer, except upon request of such officer ; nor shall any one remain eligible more than one year on any register. 2. Upon satisfactory evidence produced to the Commission that any person whose name is on any eligible list is, by reason of his character, habits or past reputation, unfit for admission to the civil service, the name of such person shall be formally stricken from such eligible list. 3. No person who has entered upon any examination for a position in schedule B or C shall be admitted, within one year from the date thereof, to a new examination for the same grade or subdivision. Rule XX. Schedule C shall include the following sections : CLASS I. Clerks in State prisons. CLASS II. ' All persons of special qualifications (except those employed in the Department of Public Works, the salt works, prisons, reformatories, asylums and other charitable and corrective institutions), including — Directors or curators of museums ; 222. Public Papers of Governor Cleveland. geologists, botanists and entomologists and their respective assistants ; librarians and their assistants ; civil engineers and surveyors; chemists; sanitary experts ; principals, professors and teachers in normal schools ; inspector of quarantine hospitals ; medical superintendent of emigrants. CLASS III SUBDIVISION I. Court criers and attendants; court and other marshals. SUBDIVISION II. Superintendents and assistant superintendents in charge of public buildings under the general superintendent. CLASS III SUBDIVISION I. Superintendents of repairs. SUBDIVISION III. J^irsi Grade. — Rodmen and levelers. Second Grade. — Assistant engineers below the rank of residents.. Third Grade. — Resident engineers. Fourth Grade. — Division engineers. CLASS v. On the Onondaga salt works. SUBDIVISION I. First Grade. — Engineers (except the chief engineer), over- seers of pumps and supervisors of aqueducts and reservoirs. Second Grade. — Chief engineer. SUBDIVISION n. First Grade. — Assistant inspectors, of salt or of barrels. CLASS VI. In the prisons and retormatories. SUBDIVISION I. Wardens and agents of prisons ; superintendents of reformatories. Public Papers of Governor Cleveland. 223 subdivision ii. Physicians ; chaplains ; principal matrons. CLASS VII. In asylums, hospitals and under the Commissioners of Emigration. SUBDIVISION I. Superintendents of insane asylums. SUBDIVISION II. Superintendents of asylums other than those for the insane. SUBDIVISION III. Assistant physicians and pathologists in insane asylums. SUBDIVISION IV. Physicians other than those in insane asylums. SUBDIVISION V. Stewards of asylums, matrons of asylums. Rule XXI. The positions in schedule C may be filled by the appointing officer in his discretion in respect to the manner of examina- tion. The discretion of the officer in such cases shall be limited as follows : (i) He may select from the three persons graded highest as the result of an open competitive examina- tion ; or (2) he may name to the Commission three or more persons for competitive examination, and appoint the one graded highest in such examination ; or (3) he may appoint or employ any person named by him who upon a non-competi- tive examination shall be duly certified by the Commission as qualified to discharge the duties of the position. Rule XXII. Competitive examinations for positions in schedule C will be subject to the same general provisions as prescribed in Rules VIII to XVIII, both inclusive. If the competition be an open one, the public notice thereof shall denote the special 224 Public Papers of Govsrnob Glevmland. qualifications in which competitors shall be examined. Before admission to a limited competition, the nominees must file with the Commission the certificates required by Rule VIII. Rule XXIII. 1. Upon the non-competitive examination into the qualifica- tions of a person named to the Commission for a position in this schedule, the Commission will give a certificate to such person tfuly when satisfied : ist. That he is within the limits of age prescribed for the position or employment to which he has been named ; 2d. That he is properly certified as free from any physical defect or disease which would be likely to interfere with the proper discharge of his duties ; 3d. That his character is such as to qualify him ior such position or employment ; and 4th. That he possesses the requisite knowledge and ability to enter on the discharge of his official duties. 2. An officer, naming to the Commission a person for examination, will at the same time transmit his certificate that after due inquiry he is satisfied that the character and habits of the person named fit him for the civil service, and will append to the certificate such formal vouchers or credentials as to character as he may desire to have considered or put on file. In the determination of character or habits of the nominee, the certificate thereof by the nominating officer will be considered as essential. Rule XXIV. In determining the limits of age and the subjects and scope of the examination into the qualifications for each position as defined in the fourth clause of the preceding rule, the head of the department, office or institution where such position is to be filled, shall be consulted by the Commission, or where the position is common to several offices or institutions, the sev- eral heads thereof shall be so consulted, and the regulations finally adopted for each position shall be published in the annual reports of the Commission. Differences arising under this rule between the heads of departments, offices and institu- Public Papers of Governor Cleveland. 235 tions and the Commission shall be reported to the Governor, whose decisions in such cases shall be JSnal and conclusive. Rule XXV. Whenever a vacancy in this schedule in any department, office or institution is to be filled, the officer having the authority to fill the same shall notify the Commission which of the three methods, in his discretion, under Rule XXI he selects, and if the choice be by an open competition, the Commission shall proceed as for an examination under schedule B, but if the choice be by a limited competition or by the appointment of a person to be duly certified by the Commission as qualified, the officer aforesaid shall name in such notification the person or persons to be examined, and the Commission shall there- upon instruct the proper board of examiners, and shall notify the person or persons so named, of the time, place, and special regulations, for the examination ; and the chief examiner shall supervise the preparation of proper questions and other inquiries to test the qualifications of such person or persons. Rule XXVI. ' The examiners for positions in schedule C and D will be selected in the same manner, and subject to the same rules and regulations, as the examiners provided for in Rule XIII. Regular boards of examiners may be authorized to conduct examinations of persons duly cited to appear before them for positions in any schedule. Whenever the peculiar duties devolved upon any position or class of positions may so require, special examiners will be designated and commis- sioned. All examiners for the civil service will promptly report to the Commission any violation of the provisions of the fifth section of the Civil Service Act. Rule XXVII. Schedule D shall include the following positions, viz.: CLASS III — IN SUBDIVISION III. Keepers and janitors of public buildings, arsenals, bureaus, etc.; watchmen, fireinen, porters and porteresses in public buildings at Albany. 16 226 Public Papmms of Governor Cleveland. subdivision iv. Steam engineers and all other persons engaged in expert mechanical duties in public buildings or arsenals. CLASS IV. All persons employed in the department of Public Works not otherwise classified. SUBDIVISION IV. First Grade. — All those receiving an annual compensation less than $500. Second Grade. — All those receiving an annual compensation of $500 or more. CLASS V — SUBDIVISION III. All persons employed in the Onondaga Salt Works not otherwise classified. CLASS IV. In the prisons and reformatories. SUBDIVISION IV. Steam engineers and others employed as expert mechanics in prisons and reformatories. SUBDIVISION VL All persons employed not otherwise classified and excepting laborers. First Grade. — Such persons receiving an annual compensa- tion of less than $500. Second Grade. — Such persons receiving an annual salary of $500 or more. CLASS VII. In asylums and other similar institutions, and by the Com- missioners of Emigration. SUBDIVISION VI. Engineers and expert mechanics and tradesmen. SUBDIVISION VIII. First Grade. — Attendants, nurses and orderlies. Public Papers of Governor Cleveland. 227 subdivision ix. All Other persons employed in asylums and by the Commis- sioners of Emigration not otherwise classified. * First Grade. — All such persons receiving an annual com- pensation of less than $500. Second Grade. — All such persons receiving an annual com- pensation of $500 or more. Rule XXVIII. The positions in schedule D must be filled by such per- sons as upon proper non-competitive examination shall be certified as qualified to discharge the duties of such position by an examiner or examiners selected or appointed for that purpose by the Commission. The head of any office, depart- ment or institution, in which there may be a vacancy or vacancies in any position or positions in this schedule, may name for examination a person for each vacancy. The Com- mission may provide by special regulation that in any institu- tion where a number of persons are employed in the same grade, the employing officer may name for examination more than one person, in order that there may be a list of qualified persons from which to make an immediate selection in case of vacancy. Such nominations may be made to the Commission or to an examiner or board of examiners as the Commission may prescribe by regulations. Rule XXIX. Examinations for positions in schedule D shall be in all the four classes of qualifications defined in Rule XXIII, and their scope and details shall be determined in the manner directed in Rule XXIV. The examiner or examiners will be instructed by the Commission in general or special regulations as to the standard, scope and methods of examination, the methods of certification and the character of the records and reports to be made. 228 Public Papers of Governor Cleveland. Rule XXX. Schedule E shall include the following positions : CLASS L — SUBDIVISION I. All clerks and other persons of whatever designation render- ing services similar to those of clerks in any branch of the State service. Fourth Grade. — Clerks and like employes receiving an annual compensation of $1,500 or more, but less than f 1,800. Fifth Grade. — Clerks and like employes receiving an annual compensation of $1,800 or more, but less than $2,000. Sixth Grade. — Clerks and like employes receiving an annual compensation of $2,000 or more, but less than $2,500. Seventh Grade. — Clerks and like employes receiving an annual compensation of $2,500 or more. CLASS V. Persons employed in the Onondaga Salt Works. SUBDIVISION II. Second Grade. — Receivers and inspectors of salt or of barrels. Third Grade. — Chief inspector of salt and chief inspector of barrels. CLASS VI. Persons employed in prisons and reformatories. SUBDIVISION III. Second Grade. — Keepers in prisons or reformatories receiv- ing an annual compensation of $900 or less. Third Grade. — Keepers of prisons or reformatories receiv- ing an annual compensation greater than $900, except the principal keepers. Fourth Grade. — Principal keepers. SUBDIVISION V. Second Grade. — Teachers receiving an annual compensation of $500 or more, but less than $1,000. Third Grade. — Teachers receiving an annual compensation of $1,000 or more. Public Papers of Governor Cleveland. 239 class vii. Persons employed in asylums and other similar institutions, IK and by the Commissioners of Emigration. SUBDIVISION VII. Second Grade. — Teachers receiving an annual compensation of $500 or more. SUBDIVISION VIII. Second Grade. — Supervisors of asylums and wards. Rule XXXI. The positions in schedule E shall be filled, when vacant, by the promotion of those in the service in the lower grades of the same subdivision in the department, office or institution in which the vacancy or vacancies may occur. Promotions shall be made, subject to the provisions of these rules, by the officer or officers having the power of appointment. If, in the judgment of such officer or officers, there be none found in the lower grades fit to perform the duties in such vacant positions, in that case, and in no other, the positions may be filled in the same manner as is prescribed by these rules for filling the positions in the lowest grade of the same subdivision and class. Promotions shall be made by successive grades ; in case of vacancy in any position in this' schedule, it shall be filled by a selection from the next inferior grade, if there be any person in such grade fit for promotion, and if there be no such person, then the promotion shall be made by selection from the next inferior grade, and so on until all the inferior grades are exhausted, and no person therein found fit, when the position shall be filled by appointment as above provided. Rule XXXII. Promotion will, in all cases, be based upon the positive merit of the person promoted, and upon his superior qualifi- cations as shown by his previous service. There shall be kept in every department, office and institution proper comparative records of the efficiency, punctuality, attention and general good conduct of all persons employed therein. No person 230 Public Papers of Govsrnom Cleveland. in the service when these rules take effect can be promoted without passing an examination under the rules, of the same character as"would an applicant for appointment to a similar position in the service. Examinations for promotion shall be based upon the actual work of the persons named therefor, as exhibited in the records of the office where they have been employed, and upon the certificate of their immediate official superiors that their efficiency and conduct during their pasl service has been in all respects satisfactory and entitles them to favorable consideration. Rule XXXIII. No recommendation of any person for promotion shall be entertained or received unless made in the regular course of duty by his immediate official superiors, and the presentation of any recommendation other than that of such superiors will be considered an unwarrantable interference with the public service, and the person so recommended may be required to show, before being certified for promotion, that such recom- mendation was not made by his request or connivance. Rule XXXIV, No temporary appointment or employment shall be made of any one not eligible for permanent appointment or employ- ment, except that in the prisons, reformatories and asylums, temporary substitutes may be appointed, without examination, for not exceeding thirty days, in cases of disability by reason of sickness, or otherwise; but such temporary appointment can be made only once; and every temporary appointment under this rule must be reported to the Commission within five days, with the reason for the same. Rule XXXV. No person shall be appointed to any position in the civil service unless he is a citizen of the State and has been a resident thereof for at least one year previous to the date of his application or nomination. But this restriction shall not apply to the following positions in schedule D, to wit: The first grade of subdivision 4 of class 4; subdivision 3 of class Public Papers of Governor Cleveland. 231 5; the first grade of subdivision 6 of class 6, and the first grade of subdivision 8, and first grade of subdivision 9 of class 7. Any other exceptions from such restriction made by special regulation of the Commission shall be reported by it to the, Legislature, with the reasons therefor. Rule XXXVI. In the selection, nomination or appointment of persons to fill positions in schedules B, C and D, or promotion of persons to positions in schedule E, no regard shall be paid to ihe partisan political opinions, affiliation or action of any person so selected, nominated, appointed or promoted. Rule XXXVII. No transfer or promotion shall be made from a position in a subdivision in any schedule to a position in another subdivi- sion in that schedule, or to one in any other schedule except ^y virtue of the examination and certification prescribed jinder these rules for admission to such last-named subdivi- sion. Transfer without examination may be made from a position in one department, office or institution to a similar position in another department, office or institution, upon the mutual consent of the heads of the respective departments, offices or institutions. Rule XXXVIII. Any application for a position in the civil service, made in contravention of the provisions of the ninth or thirteenth sections of the Civil Service Act, must be rejected. Rule XXXIX. No question in any examination or proceeding by or under the Commission or examiners, shall call for the expression or disclosure of any partisan political opinion or affiliation of any person whatever, nor shall any discrimination be made by reason thereof ; and the Commission and its examiners shall discountenance all disclosure before either of them, of such partisan opinion or affiliation by or concerning any applicants for examination, or by or concerning any person on any register awaiting appointment or employment. 232 Public Papers of Governor Cleveland. Rule XL. Every original appointment or employment in the civil service shall be for a probationary term of three months, at the end of which time, if the conduct and capacity of the person appointed or employed shall have been found satisfac- tory the probationer shall be absolutely appointed or employed, but otherwise his employment shall cease. Every officer under whom any probationer shall serve during any part of such probation shall carefully observe the quality and value of the service rendered by such probationer, and shall report in writing, to the proper appointing officer, the facts observed by him, showing the character and qualifi- cations of such probationer and of the service performed by him ; and such reports shall be preserved on file. Rule XLI. Every false statement knowingly made by any person in his application for examination, and every connivance by him at any false statement made in any certificate which may accom- pany his application, or any willful complicity by him in any fraud to improve his standing upon examinatiorl, shall be regarded as good cause for removal or discharge of such per- son during his probation. Rule XLII. If for any sufficient reason it shall be impracticable to sup- ply the names of persons who have passed a competitive examination in due season for any appointment or employ- ment in any position in schedule B, a provisional appointment may be made of a person who has passed a non-competitive examination under the direction and regulation of the Com- mission ; but the next report shall give the reason for such resort to non-competitive examination. Rule X:LIII. I. All persons having the power of appointment to or employment in any position in the civil service must give notice in writing to the Commission of the name and place of Public Papers of Governor Cleveland. 233 residence of any person selected for appointment or employ- ment in any position, of the rejection of any such person after probation, and of the transfers, promotions, resignations ajud removals, discharge or death of all persons serving under them, with the dates thereof. 2. Any officer who appoints, employs or promotes a person to or in a position in the civil service, the compensation for which is paid from the State treasury, or the account for which is subject to audit by the Comptroller, shall officially notify the Comptroller of such appointment, employment or promo- tion before certifying or rendering any account for the services of such person. Where the payment for the services in any position in the civil service is not payable from the State treasury, nor subject to audit by the Comptroller, the notifi- cation as above of any appointment, employment or promotion to or in such position, shall be duly made to the fiscal officer empowered by law to pay the account for such services. Rule XLIV. Persons who have been honorably discharged from service in the army or navy of the United States, in the late war, shall be preferred for appointments to positions in the civil service over other persons of equal standing, as ascertained under these rules; and the person thus preferred shall not be dis- qualified from holding any position in the civil service on account of his age, nor by reason of any physical disability, provided such disability does not render him incompetent to perform the duties of the position applied for. Rule XLV. Subject only to the qualifications required to be ascertained in accordance with these rules, the power of appointment and the responsibility of selection are in all cases in the appoint- ing officer. The power to remove (existing by law) on the part of any officer is not impaired by anything contained in these rules. Rule XLVI. The Commission will cause to be published at such regular periods as it may deem proper, a gazette of all appointments 234 Public Papers of Governor Cleveland. promotions, resignations, removals and other changes in the civil service, and in case of appointment, may publish the names of the persons certifying the good character of the appointee. Rule XLVII. The Commission will make appropriate regulations for car- rying these rules into effect, and may prescribe blank forms for all applications, certificates, records and returns required under the rules or regulations made in pursuance thereof. GENERAL REGULATIONS OF THE NEW YORK CIVIL SERVICE COMMISSION. The Chief Examinee. 1. The Chief Examiner shall, so far as practicable, attend the examinations held by the several boards of examiners for positions in schedules B and C. He shall take care to secure accuracy, uniformity and justice in the proceedings of all examiners and boards of examiners under the rules and regulations, and such proceedings and all papers appertaining thereto shall at all times be open to him. He shall also from time to time inspect the proceedings and papers connected with examinations for the civil service of cities held pursuant to the eighth section of the Civil Serv- ice Act, and shall make report of such inspections to the Commission. 2. He shall prepare and submit to the Commission proper schemes for examinations, and forms for blanks and records. He shall take care that the rules and regulations are com- plied with, and shall bring any case of their infraction or of injustice or irregularity observed by him to the attention of the Commission. It shall be his duty, from time to time, to confer with the heads of departments, offices and institutions in the State service, concerning the regularity, sufficiency and con- venience of the examinations for the service under them. He shall perform such other appropriate duties as may be specified in these regulations, or otherwise assigned to him by the Commission. Public Papers of Govmrnor Cleveland. 235 The Secretary. 3. The Secretary shall keep the minutes of the proceedings of the Commission, and have charge of and be responsible fer the safe-keeping of the books, records, papers and other property in its office. He shall make the proper certification of those eligible for appointment or employment in positions in schedules B and C. He shall generally conduct the corres- pondence of the Commission and perform such other appro- priate duties "as it may assign to him. The Stenographer. 4. The stenographer shall perform such appropriate duties as may be assigned to him by the Commission, or under its direction, by the Chief Examiner and Secretary. Examiners. 5. Regular boards of examiners will consist of three mem- bers, one of whom shall act as secretary, and two of whom may conduct an examination in the necessary absence of the third. The Secretary shall keep a complete record of the proceedings of the board and of all the examinations held by it, in such form as the Commission may prescribe. 6. The Chief Examiner shall, subject to the Commission, issue authority for holding examinations for positions in schedules B and C, and shall prepare questions and supervise other preliminary arrangements for such examinations. 7. The boards of examiners will conduct the examinations and estimate and mark the standing of the persons competing, or in a non-competitive examination shall estimate the qualifica- tions of the person examined, and in both cases shall transmit all the papers with their report to the Commission. 8. Whenever the special qualifications required for a position are of an expert or professional character, the Commission will give to the examining board such advice and assistance from competent sources as may be expedient and available. 9. Boards of examiners for positions in schedule D shall examine such persons as are named to them in writing by any officer authorized to employ persons in the positions in that schedule, and shall only certify such as satisfy the qualifica- 236 Public Papers of Governor Cleveland. tions for such positions as prescribed by the rules and regu- lations. They shall report to the Commission the names of persons examined by them with other pertinent information on forms furnished for that purpose, arid will keep on file the minutes of their proceedings, with all papers connected therewith, which shall at all times be subject to the inspec- tion of the Commission and its agents. 10. Special boards will be selected and special regulations for examinations will be issued by the Commissioti in such cases as it may deem expedient. 11. No examiner or person serving under the Commission must attempt to influence the selection, nomination or appoint- ment of any person for the civil service. 12. Care must be taken by examiners to preserve order and decorum at examinations and to prevent such visitors as they may admit, by conversation or otherwise, to obstruct or dis- tract those being examined. 13. Examiners must not disclose for public information, unless by consent of those examined, more than the general results of examinations, without the details of answers given. 14. Any person, after receiving official notification of his standing as ascertained by a competitive examination, may in person, or by duly authorized agent, inspect in the presence of the Chief Examiner or the Secretary of the Commission, his examination papers and the markings thereon. 15. Complaints which show any injustice or unfairness on the part of any examiner or examining board, or by any one acting under the Commission, will be considered by the Com- mission, which reserves the right to revise the marking and grading on the papers, or order a new examination, or other- wise act as substantial justice in the premises may require. 16. For the purposes of examinations, examiners are author- ized by the last clause of the third section of the Civil Service Act, to request the use of suitable rooms in public buildings and the lighting and the heating of the same. In all cases the requisition for such accommodation should be in writing, reciting the provision of law above referred to and denoting the amount of room required, and should be addressed to the Public Papers of Oovernor Cleveland. 237 State, county, city, town or village officer having custody of the public building. School rooms are generally those best adapted for examinations. * 17. Accounts of examiners (who are not otherwise in the civil service) for services and for reimbursement for necessary expenditures, should be rendered in the forms prescribed and sent to the Commission for approval before payment. Applications for Positions. 18. Applications for admission to competitive examinations for positions in schedule B will be directed to the " Civil Service Commission, Albany, N. Y." Blank forms for such applications and for the requisite certificates will be fur- nished upon request, which should specify the position in the service sought by the applicant. All applications for posi- tions in schedules A, C and D must be made to the head of the department, office or institution wherein the position is sought. 19. The Commission cannot advise persons as to vacancies in the service, nor furnish any information as to the duties, salaries, course of promotion, or other conditions of positions, except such as may be found in printed regulations. No advice can be given as to the course of preparation that appli- cants should follow, nor can specimens of the examination papers be furnished. 20. All application papers and accompanying certificates- will remain on file in the office of the Commission, and under no circumstances or conditions will the originals be returned to the applicant. Examinations. I. competitive. 21. Applicants will be admitted to examination upon the production of the official notification to appear for that pur- pose. Each applicant will receive a number, which will be indorsed upon his notification when produced, and the notifi- cations so indorsed shall be sealed in an envelope ; dach applicant will sign his examination papers with his number, omitting his name, and the envelope shall not be opened until 238 Public Papers of Governor Cleveland. all the examination papers have been received and the mark- ings and gradings made. 22. All examinations shall be in writing, except such as refer to physical qualities, or expertness. 23. The sheets of questions will be numbered and will be given out in the order of their numbers, each after the first being given only when the competitor has returned to the examiners the last sheet given to him. In general, no examina- tion shall extend beyond five hours without intermission ; and no questions given out at any session, to any candidate, can be allowed to be answered at another session. Each applicant must complete his examination on the obligatory subjects, before taking up any of the optional subjects. 24. Each examiner will exercise all due diligence to secure fairness and prevent all collusion and fraud in the examinations. 25. The time allowed for completing the examination will be announced before the first paper is given out. For the obligatory subjects the examination should be confined to a single day, but the examiners may extend such time in special cases of emergency. MARKING. 26. The examination papers shall be reviewed by each examiner separately, and, in any case of disagreement, the average of the markings made on any question or paper by all shall be the final marking on such question or paper, subject to the regulation as to revision. 27. The papers of all the competitors in each subject should be examined, compared and marked before the papers in another subject are taken up. 28. The marking of each question or subject shall be made on a scale of 100, which maximum shall represent accuracy or the highest possible attainment; and o shall represent absolute ignorance. Handwriting will be judged by its legi- bility, uniform and correct formation of letters and ease of execution. Upon a comparison of the handwriting of all the* competitors, the best and worst should be first agreed upon, and the two extremes of the scale thus fixed; the others should be marked relatively to them. In writing from dicta- Public Papers of Governor Cleveland. 239 tion or copying from manuscript, the omission, repetition or substitution of words, the erasures, blots and other evidences of carelessness will, proportionately to their numbers, reduce the marking below loo. Spelling will be marked with refer- ence to the ratio the misspelt words bear to the whole number of words dictated. Making abstracts or summaries of docu- ments, and letter-writing will be marked as in handwriting, by agreeing upon the best and worst examples, and having marked them, then proportionately markitig the others. In each of the other subjects, each question shall be marked on the scale of loo, and the sum of such markings divided by the number of questions in that subject shall be the competitor's standing on such subject. GRADING. 29. The absolute or average general standing of each com- petitor will then be made up in form as follows, in accordance with the respective weight accorded to each subject by the regulations, thus : Examination of. SUBJECTS. Weight given to subject. Standing on subjects. Product of weight and standing. 1. Writing from dictation 2. Handwriting 2 3 I 2 2 80 75 78 92 88 160 225 78 184 176 %. Soellinsr 4. Arithmetic 5. Reporting in writing from memory Total product 823 Divide by sum of weights or. . General average standing. 10 "82:3 240 Public Papers of Oovernor Glevela'nd. Or Examination of SUBJECTS. Weight given to subject. Standing on subjects. Product of weight and standing. 1. Writing from dictation .... 2. Copying from manuscript.. T,. Handwritinef 3 2 4 3 4 I I 2 96 97 85 88 93 80 63 72 288 194 34° 264 372 80 63 144 A. Soellinsr 5. Arithmetic 6. Geography and history 7. Constitutional questions... 8. Making a summary Total product Divide by sum of weights or. . General average standing. . OPTIONAL SUBJECTS. Book-keeping 20 i>745 87.25 80 92 Stenography It will be observed that the standing on each subject is multiplied by the weight given that subject and the product placed in the third column, and the sum of these products divided by the sum of the weights gives the general average standing. If, in the marking, it is found that the standing of a Com- petitor on any subject falls below fifty, the further marking of the papers of such competitor may be dropped (Rule XV), and such fact recorded on the face of the paper in red ink. 30. The grading of the several competitors being completed, their names will be enrolled in the order of their excellence, as determined by such examination, upon a register of eligible persons in form as prescribed by the Commission. 31. Every paper in any examination not formally certified by the examiners will be signed with his initials in ink by each examiner who has reviewed and marked it. 32. Priority of date in examination will give no advantage in position on the eligible list. The names of the three per- Public Papebs of Oovebnor Cleveland. 241 sons highest in general average standing on the lists for any grade will be certified for selection without regard to dates of examination, and subject only to the preferences of competi- tors on record for certain departments or offices, or to the certificate of the appointing officer, that an optional subject is of prime importance. NON-COMPETITIVE. 33. Schedule C. — The boards of examiners before whom shall appear any person named for a position in schedule C, sub- ject to a non-competitive examination, will report to the Commission the facts regarding such person furnished to or ascertained by them upon the first three points as required by Rule XXIII. Upon the fourth point as required in said rule, they will examine the person so appearing in the several subjects prescribed by regulations in accordance with Rule XXIV. Such examination will be in writing and the standing on each subject will be marked in the manner herein directed for competitive examinations. The grading of such person, together with the examination papers and the report on the other points of inquiry, shall be transmitted to the Commission, as soon after the examination as practicable. 34. Schedule D. — The boards of examiners for positions in Schedule D shall take evidence of the qualifications of persons properly appearing before them, as the same are defined in Rule XXIX, and regulations pursuant thereto. So far as may be practicable, such examinations shall be in writing. If the board is satisfied that any person so appearing is duly quali- fied to discharge the duties of the position for which named, a certificate of qualification will be granted by the board in such form as the Commission may prescribe. Officers having the authority to employ persons in the positions included in Schedule D may directly name persons to any such board for examination. Quarterly reports on the first days of January, April, July and October in every year will be made by such boards to the Commission, giving names of all persons examined, the positions for which named, and whether or not 16 242 Public Pafbbs of Governor Cleveland. certified as qualified. Intermediate reports of a similar nature will be made when specially required. FOR PROMOTION, 35. Examiners will carefully inspect the work performed during the previous year by the persons named for promotion as regards its accuracy and neatness, and should personally question them concerning their office work and its purposes, in order to ascertain if they have a general and intelligent knowledge of the business in the department where they are employed. No part of the examination need be by written answers to written questions, but the examiners may require the persons examined to give a written description of the work done by them and its relation to the duties of others. GENERAL. 36. As soon as practicable after an examination the papers of the candidates will be marked, and their standings ascertained and communicated to them by the Secretary of the Commission by mail. Prior to that time no inquiries addressed either to the examiners or the Commission will be answered. No letters explanatory of errors presumed to have been made in an examination will receive any attention. 37. The Commission cannot undertake to answer inquiries relating to cases which are not officially before it for decision, nor can it decide, except in cases of actual candidates on its registers, questions respecting the application of the rules and regulations. 38. Particular answers cannot be given to inquiries which are answered expressly or by implication in published regula- tions and similar documents. 39. The schemes of qualifications and subjects of examina- tion of the same for positions in schedules C and D will be published from time to time for general information. In regard to many of such positions, the nature and extent of such examinations will not be determined until after a vacancy in the position occurs. Public Papers of Governor Cleveland. 243 No information can, therefore, be given in regard to such positions other than is published as above mentioned. [See supplemental rules approved November i8th and May 30th.] ^^^^^^^^^ IN THE MATTER OF ORRIN SPERRY, TREASURER OF THE COUNTY OF CHAUTAUQUA. Notice of Charges Preferred. State of New York. EXECUTIVE CHAMBER, \ Albany, July 2, 1884. ) To Orrin Sperry, County Treasurer of Chautauqua County : You are hereby notified that charges have been preferred against you, by which you are accused of neglect of duty and malfeasance in office, and that a copy of said charges is herewith served on you. You are hereby required to answer said charges and file said answer with the Governor at the Executive Chamber, in the city of Albany, within ten days after the service of this notice and the accompanying copy of said charges upon you. GROVER CLEVELAND, Governor. Order Appointing Lorenzo Morris Commissioner to Take Testimony. State of New York. ) EXECUTIVE CHAMBER. \ In the Matter of the Charges preferred against Orrin Sperry, County Treasurer of Chautauqua County. Charges having been preferred against Orrin Sperry, county treasurer of the county of Chautauqua, and said 244 Public Papers of Govebnor Cleveland. charges and a notice requiring him to answer the same within ten days after service thereof upon him, having been served upon the said Sperry on the 4th day of July, 1884, by leaving the same at his place of residence, with some person of suitable age and discretion, pursuant to the statute in such case made and provided, and the said Sperry not having been found, and having absconded from the State of New York, and no answer having been made by the said Sperry to said charges, I do hereby appoint Lorenzo Morris, of the village of Fredonia, commissioner to take the testimony and the examination of witnesses as to the truth of said charges. I hereby direct the Attorney General to conduct the inquiry and examination before the said commissioner, first giving to the said Sperry four days' notice of the time and place of such examination, to be served personally upon said Sperry if he can be found within the State, or if not so found, by leaving the same at his residence, with some person of suitable age and discretion. Given under my hand and the privy seal of the State, at the Capitol in the city of Albany, this [l. s.] fifteenth day of July in the year of our Lord one thousand eight hundred and eighty-four. GROVER CLEVELAND. By the Governor : Daniel S. Lamont, Private Secretary. Public Papers of Governor Cleveland. 245 Order of Removal from Office. State of New York, • ) EXECUTIVE CHAMBER. ) In the Matter of the Charges preferred against Orrin Sperry, County Treasurer of the County of Chautauqua. Charges of malfeasance and malversation in office against Orrin Sperry having been made and presented to me by a committee of the board of supervisors of the county of Chautauqua, and a copy of said charges having been served upon said Sperry by leaving the same with his wife, at his residence, his present whereabouts being unknown, and testimony having been duly taken in sup- port of such charges by Lorenzo Morris, Esq., the com- missioner appointed by me for such purpose ; Now, therefore, on reading such charges and testimony so taken thereupon, I do hereby find and determine that the charges so made and filed are true ; and I do hereby order, upon such determination, that the said Orrin Sperry, for the cause aforesaid, be, and he hereby is, removed from the office of treasurer of the county of Chautauqua. Given under my hand and the privy seal oi the State, at the Capitol in the city of Albany, this eleventh [l. s.] day of August in the year of our Lord one thousand eight hundred a.nd eighty-four. GROVER CLEVELAND. Daniel S. Lamont, Private Secretary. 246 Public Papers of Oovebnob Cleveland. IN THE MATTER OF ALEXANDER V. DAVIDSON, SHERIFF OF NEW YORK. Notice of Charges and Summons. State of New York. EXECUTIVE CHAMBER, 1 Albany, September 26, 1884. ) To Alexander V. Davidson, Sheriff of the City and County of New York : You are hereby notified that charges have been preferred against you for malversation in oflBce and neglect of duty in office. You are required to answer said charges, a copy of which is herewith served on you, and file said answer in this office within twenty days after the service hereof. GROVER CLEVELAND. Governor. 1884. j LETTER TO ANTHONY COMSTOCK. State of New York. EXECUTIVE CHAMBER, Albany, October 13, Anthony Comstock, Esq., Secretary, etc. : Dear Sir. — I have carefully examined the papers sent to me in September last, relating to gambling in the county of Kings, and also your letter of October tenth and the corres- pondence with James W. Ridgway, District Attorney of said county. I presume, from a perusal of these documents, that they were intended to present charges against Mr. Ridgway for Public Papers of Governor Cleveland. 247 neglect of duty, though so many other matters and things are treated of in the papers that the purpose above specified is not clearly apparent. If it is intended to present to me charges against the district attorney, or any other officer whom I have the power to remove, they should be formulated in a proper manner, alleging that the officer has been guilty of neglect of duty or, in general terms, of some other mal- feasance or misfeasance. The charge or charges should be followed by specifica- tions, these to be numbered, and to contain the points wherein the officer is claimed to be guilty. This is necessary in order that the party complained of may know precisely what he is called upon to meet, so that he may answer the same, and so that the examination may be properly confined and directed to the matters really in issue. The charges and specifications should be verified by the party making the same. I have also required, in the cases which I have hereto- fore examined, affidavits setting forth in a general way the facts and the proof upon which the complaint is founded, or a reference to so much of the same as will tend to satisfy me that the evidence is at hand to establish the charges. You will see, I think, at a glance, how far the papers you have presented to me fall- short of these reasonable requirements, and how unfair it would be to serve them upon an accused official and require him to answer the same. If it is your purpose to charge District-Attorney Ridg- way with neglect of duty, I am prepared to examine and act upon such charges when properly presented. Yours, etc., GROVER CLEVELAND. 248 Public Papers of Governor Cleveland. THE CIVIL SERVICE— PROVISIONAL RULE CON- CERNING LABOR INSTRUCTORS IN STATE PRISONS. State of New York. OFFICE OF THE CIVIL SERVICE COMMISSIONERS. Provisional Rule concerning the Employment of Persons required in the management of Convict Labor on State account in the Prisons of the State. In case the Superintendent of Prisons shall determine to employ convicts in the State prisons at any skilled labor upon State account, and shall require persons in the man- agement of such labor in addition to the regular prison officials, all such persons shall be classed in schedule C, and sh£|,ll be examined before appointment by a board :of examiners for each of the prisons, to consist of the agent and warden and two citizens not officially connected with the prisons. But this provisional rule shall cease when- ever a permanent system of prison labor shall be established by lawful authority. Approved October 14, 1884. GROVER CLEVELAND, Governor. 17, i884. j Pus Lie Papers of Governor Cleveland. 249 IN THE MATTER OF ALEXANDER V. DAVIDSON, SHERIFF OF THE COUNTY OF NEW YORK. . Extension of Time in which to Answer Charges. State of New York. EXECUTIVE CHAMBER, Albany, October In the Matter of the Charges against Alexander V. Davidson, Sheriff of the County of New York. Counsel for Alexander -V. Davidson, sheriff, having repre- sented to me that owing to other and previous professional engagements, they have not had an opportunity "to formulate a paper to be presented to me in the above entitled matter, and that their time so to do expires on the seventeenth instant, and. having requested of me an extension of the time within which to present such paper, I do hereby, in consideration of the premises, extend the time to present such paper ten days from this date. GROVER CLEVELAND. Governor. THANKSGIVING PROCLAMATION. State of New York. PROCLAIVIATION By GROVER CLEVELAND, Governor. The People of the State of New York should permit neither their ordinary occupations and cares, nor any unusual cause of excitement, to divert their minds from a sober and humble acknowledgment of their dependence upon Almighty God for all that contributes to their happi- 250 Public Papers of Oovernob Glbvbland. ness and contentment, and for all that secures greatness and prosperity to our proud commonwealth. In accordance with a long-continued custom, I hereby appoint and designate Thursday, the 27th day of Novem- ber, 1884, to be specially observed as a day of thanks- giving and praise. Let all the people of the State, at that time, forego their usual business and employments, and in their several places of worship, give thanks to Almighty God for all that He has done for them. Let the cheer of family reunions be hallowed by a tender remembrance of the love and watchful care of our Heavenly Father ; and in the social gatherings of friends and neighbors, let hearty good-will and fellowship be chastened by a con- fession of the kindness and mercy of God. Done at the Capitol, in the city of Albany, this eighth day of November, in the year of our [l. s.] Lord, one thousand eight hundred and eighty- four. GROVER CLEVELAND. By the Governor : Daniel S. Lamont, Private Secretary. THE CIVIL SERVICE — AMENDED CLASSIFICATION. State of New York. ) OFFICE OF CIVIL SEX VICE COMMISSION. ) At a meeting of the Civil Service Commission held November 10, 1884, it was Resolved, That the following named positions be changed from schedule C to schedule B of the State classification : Civil engineers and surveyors, chemists, superintendents Public Papers of Governor Cleveland. 251 and assistant superintendents in charge of public buildings under the general superintendent, physicians in prisons, assist- ant physicians and pathologists in insane asylums, physiciaps other than in insane asylums, rodmen and levelers, assistant engineers below the rank of residents. Resolved, That the following be transferred from schedule D to schedule B : All steam engineers. Approved November i8, 1884. GROVER CLEVELAND, Governor. State of New York. EXECUTIVE CHAMBER, \ Albany, November 28, 18^4. In the Matter of the Charges against Alexander V. Davidson, Sheriff of the County of New York. A copy of the charges in this proceeding having been heretofore served upon the said Alexander V. Davidson, and he having been required to answer the same, and the said Davidson having thereupon filed in writing a notice of a motion to dismiss the said charges upon the grounds in the said notice specified ; I do hereby appoint the fourth day of December, 1884, at half-past twelve o'clock in the afternoon, and the Executive Chamber in the city of Albany, as the time and place for the hearing of said motion. [l. S.J GROVER CLEVELAND. To Aaron J. Vanderpoel, Esq., and John E. Devlin, Esq., of Counsel for Respondent, and Charles P. Miller, Esq., of Counsel for Committee. Note. — Upon request of counsel for Davidson, the hear- ing was subsequently postponed to December 11, 1884. 252 Public Papers of Governor Cleveland. IN THE MATTER OF PATRICK W. NORTON. State of New York. EXECUTIVE CHAMBER, KuiATH^, December 9, 1884. j His Excellency Robert E. Pattison, Governor of the State of Pennsylvania : Sir. — A state of facts has been presented to me this day, which is fully set out in the documents herewith submitted, numbered one and two respectively. I send them to you because in a similar case, recorded in the sixth ot Harris' Pennsylvania State Reports, Dow's case, page 39, the court say : " Had the prisoner's release been demanded by the executive of Michigan, we would have been bound to set him at large." And for the further reason that the judge before whom the habeas corpus proceedings were instituted in behalf of Norton, the prisoner, who makes the inclosed petition to me, seems to have placed his refusal to release him largely upon the ground that no demand had been made for such release by the executive of the State from which he was outrageously kidnapped. (See page 33 of Document No. 2.) In calling your attention to the papers herewith trans- mitted, I desire to supplement them with the request, based upon the legal opinions before referred to, that, if consist- ent with your ideas of justice and executive power, you cause the release of the prisoner. Yours very respectfully, GROVER CLEVELAND. Public Papers of Governor Cleveland. 258 Letter from Governor Pattison to Governor Cleveland. Commonwealth of Pennsylvania. • EXECUTIVE DEPARTMENT, \ Office of the Governor, Harrisburg, Dec. 22, 1884. J To His Excellency Grover Cleveland, Governor of the State of New York: Sir. — I have this day addressed a letter to the Hon. David L. Krebs, president judge of the Forty-sixth Judicial District of this State, asking the release of Patrick W. Norton, in response to the request conveyed in your letter of the ninth instant. I herewith inclose a copy of the same to you. Yours respectfully, ROBERT E. PATTISON. Letter from Governor Pattison to Judge Krebs. Commonwealth of Pennsylvania. EXECUTIVE DEPARTMENT, 1 Office of the Governor, Harrisburg, Dec. 22, 1884. \ To the Hon. David L., Krebs, President Judge of the Forty-sixth Judicial District of Pennsylvania : Sir. — A communication from His Excellency Grover Cleveland, Governor of the State of New York, bearing date the ninth instant, has been received by me requesting the release of one Patrick W. Norton, a prison^er now confined in the jail of the county of Clearfield, in this commonwealth. I herewith submit a copy of the same to you, together with the papers which accompanied it, disclosing the grounds upon which the request was based. There is no material dispute about the facts of the case. Patrick W. Norton, a cijizen of the State of New York, temporarily sojourning in Canada, was decoyed into the State of New 254 Public Papers of Oovsbnor Cleveland. York by means of a false and forged telegram, and there arrested upon a warrant sued out in said State, which directed him to be taken before a magistrate in Catta- raugus county in said State. He was not taken before that or any other magistrate upon that warrant, but was carried forcibly, and against his will, into this commonwealth, where another warrant, sued out in this commonwealth, was served upon him, under which he is now detained in the county of Clearfield. These illegal proceedings were had with a full knowledge on the part of the instigators of, and par- ticipants in the arrest, that they were illegal, because, prior thereto, a requisition upon His Excellency the Governor of the State of New York for the arrest and delivery of Patrick W. Norton had been applied for to me, and by me refused. No warrant had been granted to anybody by any- body to convey him from the State of New York into the commonwealth of Pennsylvania, and Patrick W. Norton, who was the only person who could waive the forms of law for this purpose, not only refused to do so, but protested against, and vigorously resisted, the attempt to convey him out of the State of New York. His Excellency the Governor of the State of New York has justly characterized it as a case of outrageous kidnapping. There is no power vested in me as Governor of this commonwealth to order the dis- charge of this prisoner, and I do not apprehend that His Excellency the Governor of the State of New York so thought. He has simply chosen the executive department of this commonwealth as the channel through which to com- municate with the court of the district in which the prisoner is detained. In Dow's case (6 Harris, 37), Chief Justice Gibson said : " Had the prisoner's release been demanded by the ex- ecutive of Michigan, we would have been bound to set him at large." Thus asserting the authority of the judiciary to act in such a case, as well as the fact that the demand of the executive would have been sufficient to cause the prisonef's discharge. At the hearing before you, looking to the discharge of this Public Papers of Governor Cleveland. 255 prisoner, had before the receipt by me of the communication from the Governor of the State of New York, you, doubtless, having this case in mind, remarked: "There is no offer*to show that the Governor of New York is here demanding the custody of one of his citizens, and, in the absence of that, we think we will hold him, etc." The Governor of the State of New York now makes the request for the release of Patrick W. Norton. The power lies with you to right the wrong done to the State of New York in depriving one of its citizens of his liberty without due process of law. I do, therefore, most respectfully and earnestly request that you cause the release of the prisoner, Patrick W. Norton. Yours, very respectfully, ROBERT E. PATTISON. Letter from Judge Krebs to Governor Cleveland. Clearfield, Pa., 2^th December, 1884. To His Excellency, Hon. Grover Cleveland, Governor of the State of New York : My Dear Sir. — I have the honor to receive from the Hon. Robert E. Pattison a copy of your request for the release of Patrick W. Norton, under date of the ninth instant, also his communication to myself, under date of the twenty-second instant, requesting that I order the release of the prisoner now confined in the jail of this (Clearfield) county. In order that this grave and important question of comity between the States, and particularly its effect upon the future administra- tion of the law when criminals flee from justice, may be deliberately considered and settled, I have fixed the thirtieth December, instant, at ten o'clock, a. m., for the bearing of argument for and against the release of Norton, and have so notified Governor Pattison and the counsel for the prisoner and the prosecution. In thus delaying the consideration of the question, and the discharge of Patrick W. Norton, I do it out of no disrespect to yourself, but because pressing official 256 Public Papers of Governor Cleveland, duties, and the importance of the question involved, will not permit more hasty disposition thereof. If you shall desire, through your legal adviser, to be heard, I shall most gladly postpone the hearing to such time as will suit. In the mean- time I beg to assure you that the rights of the prisoner will be fully and completely guarded, and that no wrong will be done him. I have the honor to subscribe myself, very respectfully. Your obedient servant, DAVID L. KREBS. Letter from Governor Cleveland to Judge Krebs. State of New York. EXECUTIVE CHAMBER, Albany, December 26, 1884. i Sir. — I have the honor to acknowledge the receipt of your communication of the twenty-fourth instant, in the matter of the application for the release of Patrick W. Norton. The Governor desires me to convey to you his thanks for your courtesy in the matter, and to say that he feels assured the rights of the State of New York will be fully protected at your hands without it being represented by counsel. He will be pleased, however, at your convenience, to receive a copy of your decision in the matter. I am, sir, with great respect, DANIEL S. LAMONT, Private Secretary. To the Honorable David L. Krebs, President Judge, Forty-sixth Judicial District, Clearfield, Pa. Public Papers of Oovebnor Cleveland. 257 Opinion and Decision of Judge Krebs. On the second day of January, 1886, the following opinion in this matter was filed by Judge Krebs : In re Commonwealth, ex relatio Patrick W. Norton, v. R. N. Shaw, Sheriff. In the Common Pleas Court of the County of Clearfield, Penn. No. , February Term, 1885. STATEMENT OF FACTS. Patrick W. Norton became a naturalized citizen of the United States on or about the year 1864, in the State of New Jersey, and subsequent thereto, for about a period of about seven years, resided in, and having a domicil in the city of New York, and again having his domicile in the county of Cattaraugus in the State of New York, until about the ist of June, 1883. On or about the ist of June 1883, he and James Welch, a brother-in-law, came to the State of Pennsylvania and took a contract of grading a portion of the Beech Creek, Clearfieldand South-Western Railroad, then in the course of construction in the counties of Clinton and Centre, in said State, and subsequently took another contract for grading three miles of the same road from George H. Thompson & Co., who were contractors under General McGee, who had the general contract for the building of said rail- road. These last three miles being between the towns of Bigler and Woodland, in the county of Clearfield, Penn, On the 24th day of September, A. D. 1884, he, in company with Welch, his associate in said contract, met Henry M. Ellsworth and Henry H. Kelsey, who were members of the firm of Thompson & Co., at Bigler, and then received from Thompson & Co. the sum of $6,361.01 in currency, and a check of f 1,000 which they alleged they wanted in order to pay that amount to the firm of R. B. Wigton & Co., with whom they had been dealing. On the same day Welch and Norton left the county, going in different directions, and without paying the amounts then due and owing the laborers in their employ, which amount, according to their own declarations, exceeded six vi 2.')8 Public Papers of Governor Cleveland. thousand dollars. On the 24th of September, 1884, informa- tion was made before a justice of the peace in and for the county of Clearfield, Penn., against said Welch and Norton, charging them with the crimes of larceny, embezzlement, and conspiring to cheat their creditors. On the day of October, 1884, an application was made on behalf of the prosecution to Governor Pattison of the State of Pennsyl- vania, for a requisition to be directed to the Governor of the State of New York for the extradition and return of Norton and Welch as fugitives from justice, to the jurisdiction of the court of Clearfield county. This application was heard and a requisition was refused. On the day of October, 1884, an information was made before a magistrate of the county of Cattaraugus, in the State of New York, upon which Norton was arrested, but he escaped from the officer and fled to St. Catherines, in the Province of Canada, where he registered under the name of William Jones. On the day of Octo- ber, 1884, one Dennis O'Connell telegraphed to Norton, at St. Catherines, in the name of Mrs. Norton, that she was dangerously sick, and asking him to come at once. When he arrived at Buffalo, in the State of New York, he was arrested by O'Connell upon an alleged warrant issued by a magistrate of the city of Olean, in the county of Cattaraugus, but was taken by O'Connell, against his will and without his consent, to the city of Erie, in the State of Pennsylvania, where he was delivered to an officer and by him taken before D. Connolly, Esq., a committing magistrate in for and the county of Clearfield, and in default of bail Committed to the county jail. On the 14th day of November, 1884, a writ of habeas corpus was sued out and a hearing had before the judge of the Court of Common Pleas of the county of Clearfield, and after hearing had, in which it was offered on behalf of the relator Norton to prove the manner of his arrest and deten- tion, which offer was overruled on the ground that a fugitive from justice cannot on his own demand be set free, because he was arrested in an illegal manner, and because the Gov- ernor of New York did not demand his release, he was remanded to the custody of the sheriff of the county, in default Public Papers of Qovmrnor Cleveland. 259 of bail, to answer to the charge of conspiring to cheat and defraud his creditors. On the 8th day of December, 1884, the matter was laid before His Excellency the Governor of New York, on the petition of Norton, who, on the 9th day of December, 1884, addressed the following communication to His Excellency the Governor of Pennsylvania : (Here follow the request made by Governor Cleveland to Governor Pattison, and the request made by Governor Patti- son to Judge Krebs for the release of the prisoner.) Upon the receipt of this communication from the Governor of Pennsylvania, accompanied with a copy of that from the Governor of New York, addressed to the Governor of Penn- sylvania, it was ordered that a writ of habeas corpus should issue in the name of the Commonwealth ex relatio Norton versus R. N. Shaw, high sheriff of Clearfield county, Pa., requiring him to produce the body of the said Norton before the court on the 3Tst December, 1884, in order that the two questions of fact involved in the demand of the Governor of New York, for the release of Norton, might be investigated, to wit, the citizenship and the illegal arrest or kidnapping, as it was denominated. At this hearing the proof established the facts upon these two questions as hereinbefore stated, and also that on the day of December, 1884, the grand jury of the county had returned a bill of indictment against Norton for conspiracy to cheat and defraud his creditors. Upon the return of the writ it was contended that the prisoner should be dis- charged because his arrest was an indignity to the sovereignty of the State of New York, and that under the comity which ought to exist between sovereign States this wrong should be repaired by his discharge. On the part of the prosecution it was contended that in the absence of legislation by the federal government, in which the right to demand Norton's release was given to the execu- tive of the State of New York, the right to demand him did not exist; and that no comity between States or independent sovereignties existed which required the release of one under indictment for a violation of the laws of the State or sover- eignty by which he was held, upon the demand of the chief .260 Public Papers of Governor Cleveland. executive of the State or sovereignty from which he had been abducted. CONCLUSIONS OF LAW. The questions involved in the determination of this case are new. They are so important in their results as to require the best consideration that we can give them. It is with no desire to magnify the power of the courts of this district that we say that the power to release the prisoner, Patrick W. Norton, and to set him at large, is wholly vested therein. Under the Constitution of Pennsylvania, the judiciary is a co-ordinate branch of the government with the executive, and in the sphere of its duties independent of the executive. Charged with the performance of specific duties relating to the adminis- tration of the law, and as affecting the lives, liberty and property of the citizens of the commonwealth, it may not be interfered with by the executive department, except so far as the executive may, by the use of the pardoning power vested in him, relieve the person from the penalties imposed by the judgments and decree of the courts. And tjiis power thus vested in the State courts, within their respective terri- torial limits, is independent of the judicial power of the courts of the federal government, except as to the determination of questions arising immediately under the laws, and the execution thereof by the authorities and officers of the United States. (Robb v. Connelly, iii U. S. Rep., p. 639.) The question before us is not one of extradition under that part of article four, section two of the Constitution of the United States, which provides that "A person charged in any State with treason, felony or other crime, who shall flee from justice and be found in another State, etc.," for while it cannot be doubted that the prisoner was a fugitive from justice, having fied from Pennsylvania to New York, it is not the Governor of Pennsylvania that asks for his return, so that he may be tried for a violation of the law of Pennsylvania, but it is the Governor of the asylum State that demands his release. The question is, therefore, one of comity between the State of New York and the State of Pennsylvania. Every sovereign State is independent of every other in the exercise of its Public Papers of Oovernor Glevbland. 261 judicial power, and one of the purposes of this iudicial power is to punish all offenses against the municipal laws of the State, by whomsoever committed within its territory. This independence and sovereignty of the several States exists as truly as does the independence and sovereignty of the United States from that of a foreign State or sovereignty, subject only to the powers expressly conferred by the States upon the general government. It follows from this that there is no rightful authority or power on the part of one State to invade the territory of another State, for any purpose whatsoever, except it be given by the Constitution of the United States. And the power to extradite fugitives from justice from one State to another is expressly given by the fourth article, section two. Constitution of the United States ; and the mode regulated by the act of Congress of the 12th February, 1793. But the facts in this case show that the prisoner was not brought within our jurisdiction, in pursuance of the mode thus regulated by law. That the manner of his arrest and the means employed to bring him out of the State of New York and within the State of Pennsylvania constitutes the crime of kidnapping at com- mon law will not be denied. And that it was in express violation of the statues of the State of New York punishing the crime of kidnapping (w(/i? Penal Code, R. S. of New York, sect. 211) will not be disputed. That it would be so held and construed by the courts of that State under the statute, can- not be doubted, since the decision in the case of Hadden v. the People (25 N. Y. Reports, 373). If the power to surrender the prisoner was vested in the executive of the State, and. he refused to deliver him, no legal power exists anywhere to compel him to do so, even if he were a fugitive from justice. (Commonwealth of Kentucky v. Dennison, 24 Howard [U. S. R.], 66.) And the same, we claim, is true if we should refuse to release the prisoner upon the demand of the Executive Department of the State of New York. No power but that of force and war could compel his release. This, therefore, brings us to face the importance of the question, shall this prisoner who stands indicted for a violation of law within our 262 Public Papers of Ooveenob Cleveland. jurisdiction, be set at large only from considerations of utility and mutual convenience of the State of New York and Pennsylvania, ex comitate, ob reciprocan utilitatem. We are not wholly without precedent, however. In Dow's case (6 Harris, 37), Chief Justice Gibson, a greater judge than whom never lived, said : "Had the prisoner's release been demanded by the Executive of Michigan, we would have been bound to set him at large." It was not shown nor alleged in that case that any law of Michigan had been violated; indeed it may be a question whether the prisoner, Dow, was within the territorial jurisdic- tion of the State of Michigan when taken. But in this case the statutes of the State of New York have been violated, aside from the invasion of the territory. Shall it be said, then, that a court sitting to adrninister and vindicate the law in this case, shall close its eyes to the violation of the law by which the prisoner is brought within its jurisdiction ? That the ends to be accomplisned justify the means employed can- not and ought not to become a maxim of legal jurisprudence. To deny this demand for the release of this prisoner, would be to encourage the violation of that comity which does now, and ought always, to exist between adjoining States in this government. It would be, in our judgment, a pre- cedent full of evil consequences to the citizen in his right to be secure in his liberty. When one violates the law and flees from justice, the Constitution of the United States, and the act of Congress thereunder, afford a complete remedy for his arrest and return. That occasionally the remedy may be too slow, and the guilty escape, cannot avail in this case and overcome what to us, upon careful consideration, seems a plain duty. And, therefore, it is now, this 2d January, A. D. 1885, adjudged, ordered and decreed, that R. N. Shaw, high sheriff of the county and keeper of the county jail, shall set at large and release from further detention Patrick W. Norton, now in his custody. DAVID L. KREBS, President Judge, Forty-sixth Judicial District, Pa. Public Papers of Governor Cleveland. 263 State of New York. EXECUTIVE CHAMBER Albany, December 13, 1884.) In the Matter of the Charges against Alexander V. Davidson, Sheriff of the City and County of New York. A motion having been heard in this proceeding on behalf of the respondent to dismiss the charges herein, on the ground that the same were not verified ; and it having been thereupon determined that the charges were insuf- ficient for the reason specified ; and since such determina- tion, the said charges and the specifications having been again presented to me duly verified ; I do hereby require Alexander V. Davidson, the respond- ent above named, to answer the said verified charges, a copy of which is herewith served on him, and file his answer with me at the Executive Chamber, within ten days after the service hereof on him. GROVER CLEVELAND. To Alexander V. Davidson, Sheriff of the City and County of New York. LETTER OF RESIGNATION. State of New York. EXECUTIVE CHAMBER, \ 5, 1885.) Albany, January 6, To the Legislature: I hereby resign the office of Governor of the State of New York. GROVER CLEVELAND. AP P EN D IX. •♦• STATEMENT OF Pardons and Commutations of Sentence Granted by ttie Governor During the Year 1884.-^. PARDONS January 4, 1884. Adam Bellinger. Sentenced May, 1879 ; county, Herkimer ; crimes, burglary and larceny; term, ten years ; prison, Auburn. This pardon was granted upon the recommendation of the Judge who sentenced and the District Attorney who prosecuted the convict, and at the solicitation of many of the best citizens of the county of Herkimer, who assured me that the prisoner, after his plea of guilty, was instrumental in securing the conviction and punishment of other criminals ; that he had always evinced penitence for his offense, and that in their opinion he would, if restored to society, there- after lead an honest, decent life. These representations were made from such a satisfactory source that I was led to believe the ends of justice had been sufficiently answered in this case by the imprisonment already suffered. January 12, 1884. Thomas A. R. Webster. Sentenced May 27, 1881; county, New York; crime, obtaining money by false pretenses; term, one year and six months; prison. Sing Sing. An appeal was taken in this case and the conviction affirmed. The convict has been in prison six months. The conviction arose out of the sale of certain land, and it was charged that the convict made false representations con- cerning the same, to induce the complainant to purchase it. He seemed to have been convicted upon the theory that 268 Public Papbms of Governor Cleveland. after the deed was prepared, he read it to the grantee, and in so reading the same, represented that by the deed the land was located on the north side of a certain railroad, when, in point of fact, correctly read, the description would have located it on the south side of said railroad. It now appears that, notwithstanding the word "south" was in the deed instead of "north," and, notwithstanding the word "north" may have been incorrectly -read aloud from the deed by the prisoner, instead of "south," yet the remain- ing description and other boundaries contained in the instru- ment fixed the location of the land on the north side of the railroad; and it is quite clear that any court must have so determined. This being so, the grantee acquired by the deed exactly the land he bought of the prisoner, which he had inspected and which he held for two or three years before making complaint. I had also before me an affidavit of a party not sworn on the trial, but who was present at the time the deed was delivered, by which it appeared that the prisoner did not read the deed aloud to the grantee at all. Nine of the jurors who convicted him petitioned for his release. The judge who wrote the opinion in the appellate court, affirming the conviction, in a letter to me, referring to the other parts of the description, which showed that the premises were located on the north instead of the south side of the railroad, wrote : " If these facts had been presented upon the trial it would have altered the case, and the use of the word south instead of north, in the description, would be immaterial ; and I do not now see how the conviction could be upheld." The prisoner's rights seem to have been very badly cared Public Papers of Governom Cleveland. 269 for on the trial, and I was entirely satisfied, after a patient examination of all the facts that his pardon should be granted, with a restoration to citizenship. * January 15, 1884. Henry L. Hay. Sentenced, October 8, 1875; crime, rape; term twenty years; prison. Auburn. I have carefully read all the testimony taken upon the trial, and a mass of letters, petitions and affidavits touching the case, which have been presented to my predecessor and to myself, and have arrived at the conclusion that the convict ought to be pardoned. The prosecutrix was but eleven years old, and the crime was alleged to have been committed on the fifth day of May, 1875, in the woods, as she was returning to her parents' home from a village not far away. She was accompanied by a younger brother, from whose side she was taken, and who stood near where the offense was committed. Her testimony is very indefinite and unsatisfactory as reported in the stenographer's minutes of the trial ; but I gather from it she had known the convict, having a few years previously lived near him. It was about a week after the occurrence before she told her parents that she had been ravished, and then stated that she did not know her assailant ; but that he wore sandy whiskers around his face. The prisoner was arrested in July following, upon a warrant issued for a person unknown, but described in said warrant as a man of medium size, with san'dy whiskers. In the meantime the prisoner remained in the neighbor- hood, where the crime was the subject of public discussion. He was very well known to the sheriff who had the war- rant, and to the father of the little girl. Before the arrest 270 Public Papers of Govebnob Cleveland. was made, the girl and her little brother were brought into the presence of the convict to identify him if possible. The girl, after a little hesitation, said he was the man who assaulted her, but the brother said he was not. Upon the trial the prosecutrix identified the convict, but was very positive that the person who committed the crime was a tall man with long sandy whiskers all around his face. Her brother was not sworn at all. A witness testified that he saw the children pass along the road in the direction of the woods, and that the pris- oner was following twelve or fifteen rods behind them, but it appears from the evidence taken on the trial and such as has been produced to me since, that the fact by which this witness fixed the day when he saw the prisoner, had no existence. A witness for the defense testified that she saw the children pass at about the date of the commission of the offense, and a short time after a man following, who was not the prisoner, whom the witness well knew, but who answered the description the prosecution gave of her assailant. Other testimony was given by the last three witnesses, whose character and integrity are abund- antly vouched for, which, if true, established an alibi for the prisoner. Positive proof was given that the prisoner at the time the offense was committed had no beard, while some witnesses testified that he had. The prisoner's reputation was not good, and he was impeached on the trial. I am inclined to think this fact had more to do with his conviction than it ought. But it is not necessary in this case for me to determine that the jury erred in convicting the prisoner upon the proof before them. PoBLjc Papers of Oovernob, Cleveland. 271 It is quite apparent to me that the case was determined against the prisoner upon the finding that he, on the day the offense was committed, wore a sandy beard. No other finding, in my opinion, would support the verdict. In addition to the testimony taken in court to the effect that on the 5th day of May, 1875, the convict had no beard, I have before me evidence not produced upon the trial, which to my mind conclusively establishes that proposition. Another fact is most satisfactory. Since he has been in prison his beard has been allowed to grow, and its color proved to be a very pronounced black. This is certified to- me by the chaplain of the prison, the judge who sentenced the convict, and who visited him since his incarceration, and by a confidential clerk attached to the Executive Department, who also saw him in prison. A petition, numerously signed, certifies that it is the opinion of the petitioners and a majority of the people in the neighborhood where the crime was committed, that the prisoner is innocent. He has now been imprisoned for more than eight years upon a conviction based, as I am satisfied, upon mistaken identity. I am convinced that I should not only release him from imprisonment, but restore him to citizenship. January 26, 1884. Henry H. Harrison. Sentenced, Decem- ber 29, 1874; county. New York; crime, robbery in the first degree; term, twenty years; prison. Sing Sing; transferred to Auburn. This convict is a colored man, absolutely without rela- tives or friends, who was convicted for robbing a colored women of fifty cents. He represents that he is a native of 273 Public Papers of Governor Cleveland. Hayti. He had for many years before his arrest been a sailor, and was a stranger in the city of New York, where the ship upon which he was employed had lately arrived. During his imprisonment his conduct has been such that he has gained the good will and confidence of all the prison officials and they represent him to be one of the best prisoners they have ever had in charge, having given no occasion for the slighest reprimand. For a number of years he has had charge of the cook- ing in Auburn prison, and has uncomplainingly and .regularly been in the kitchen between three and four o'clock in the morning, where he has worked until about seven in the evening. He seems to have made every possible effort to improve his ignorant condition while in ' prison, and has gladly availed himself of every means of instruction. These facts are represented to me as the result of inquiries and an examination of the case made at the prison for my information. The good conduct of the convict, if maintained, would entitle him to a discharge on the 29th day of April, 1887. The aggregate of the extra time he has worked more than the hours of labor ordinarily exacted from convicts by the rules of the prison amounts to about three years and seven months. It seems to me that the extra labor this friendless man has performed as prisoner, his ready observance of prison rules and regulations, his steady efforts to gain the rudiments of an education and the determination he seems to have formed to hereafter lead an honest life, furnish reasons for his pardon which appeal strongly to the justice as well as the generosity of the State. Public Papers of Governor Cleveland. 273 February ii, 1884. George C. Crager. Sentenced Sep- tember 20, 1882 ; county, Oswego ; crime, bigamy ; term, two years ; prison. Auburn. This convict has, by exemplary behavior since his imprison- ment, gained the good opinion of all the prison officials, who appear to believe that he is genuinely repentant and determined, when permitted, to regain a good standing in society. By his good conduct he has earned such a deduc- tion from his sentence as would have entitled him to his discharge in the month of May in the present year. His last marriage, constituting the crime of which he was convicted, was contracted with a highly reputable and Chris- tian young lady, who has, with astonishing love and devo- tion, maintained her loyalty to the convict, and who has been the object of extreme sympathy in the community where she lives. A child, the issue of her marriage with the convict, and which seems to have been her only solace and comfort, has just died, and she pleads with me that in her new and dire affliction her husband may be present at its funeral. Many kind-hearted people have interested themselves in her behalf, and join in her petition. The cases are so numerous in which my duty and obliga- tion to the public constrain me to resist appeals like this, I am glad to believe that, without prejudice to the interests of society, I may, in a substantial way, show my sympathy for this young afflicted- wife by releasing to her the short remainder of the term of imprisonment which her husband owes the State. 18 274 Public Papers of Governor Cleveland. February i6, 1884. John I. Moran. Sentenced December 24, 1883; county, New York; crime, assault and battery; term, two months ; prison. New York Penitentiary. This pardon was granted on the following grounds : It appeared to my satisfaction that the convict, previous to his conviction, had borne a good character, and had been a hard working man. From an examination of all the surrounding facts and circumstances in the case, I felt constrained to believe that the time already served by the convict had amply answered the demands of justice, and I therefore determined to grant the pardon applied for. February ig, 1884. Joseph Dunn. Sentenced September 30, 1880 ; county, Erie ; crime, receiving stolen property ; term, five years ; prison. Auburn. This convict, with three other parties stole a sum of money from a drunken man. He pleaded guilty to com- plicity in the offense and was sentenced to imprisonment for five years, the longest term which the statute permitted. His companions were sentenced to shorter terms, though, from all the facts I can learn, they appear to have been equally guilty. By good conduct in prison he has earned all the deduction from his sentence which the law allows, and his term would have expired on the ist day of May, 1884. I have seen a number of letters which this young man has written to his parents, in which he acknowledges the justice of his punishment, and evinces a determination to lead an honest life upon his discharge. I am impressed with the belief that the reformatory purposes of punishment have been answered in this case, His former employer Public Papers of Governor Cleveland. 275 has written to me that if discharged now he can again enter his service. , , In view of all the circumstances, I am of the opinion that the remission of the short time which yet remains of his sentence, will have a tendency to encourage him to improve the opportunity afforded to redeem himself from the con- sequences of his crime. February 21, 1884. Homer D. Skinner. Sentenced March 3, 1881 ; county, Schuyler ; crime, arson third degree ; term, seven years ; prison. Auburn. An application for the pardon of the convict was denied in June. 1883, but upon a re-examination of the case and a further presentation of facts, I think the prisoner should be released. Owing to the fact that a number of fires had occurred in the village of Watkins, the trustees offered a reward " for any person detected and convicted of burning a building in the village." The offer of this reward attracted the attention of a dis- reputable fellow, not then living in Watkins, but who came there for the purpose of bringing about a state of facts that would entitle him to a share of the reward offered. He found a ready accomplice in the person of a deputy sheriff of the county of Schuyler, and I have no doubt they con- spired to create a fire, a culprit, a detection and a conviction for the purpose of obtaining the reward. Homer D. Skinner, the convict, was a young man, the son of respectable parents, but beyond all parental restraint — an idle, shiftless, intemperate creation of the village groggery — one of a class easily recognizable and far too numerous. His love of drink ^nd his idle and profitless way of life 276 Public Papmes of Governor Glbveland. suggested to the conspirators the ease of making him the culprit. For a number of days he was plied by them with liquor and kept in an intoxicated condition. In the mean- time their plans were hardly concealed. Indeed, it now appears that more than one person outside of the con- spiracy knew that arson was to be committed, and that the convict was to be accused. On the night the fire occurred the convict sat in a saloon grossly intoxicated aind sound asleep. One of the pro- jectors of the arson, with difficulty, roused him and fairly dragged him, in a stupid, dazed condition, in the direction of the building to be burned. A few moments afterward the cry of "fire" was heard, and the man who conducted the prisoner to the scene, ran away, while the deputy sheriff, from a convenient point of observation, rushed upon the convict and arrested him under circumstances that secured his conviction. I have before me the affidavit of a person to the effect that, at the request of this officer, he helped carry the convict, after his arrest, to the jail, and that he was so much intoxicated they "had to take hold, one on each side of him, and hold him up and partially drag him along to the jail." In the light of all the facts before me, I have very grave doubts as to the convict having set the fire at all. If he did, I am entirely satisfied that he was not a free moral agent, but the senseless instrument of those who certainly were responsible for the crime. It appearing to my satisfaction that he became a victim to a wicked conspiracy, through his intemperate habits, I have determined to grant his pardon upon the condition that he wholly abstains from all intoxicating beverages for the term of five years from his discharge. Public Papmrs of Governor Cleveland. 277 March 7, 1884. Horace White. Sentenced April 25, 1883 ; county, Clinton ; crime, burglary, first degree ; term, ten years ; prison, Clinton. • " The convict went to a saloon which he had been in the habit of frequenting in the village of Plattsburgh, about ten o'clock at night, with a companion. Finding the place closed, they raised the window and took from the saloon a few bottles of lager beer of the value of less than fifty cents. The proprietress of the establish- ment slept in a room above it, and heard and saw the cul- prits, who, as I understand the case, had at the time some conversation with her, apparently making no effort to con- ceal their identity. The young man who was with White pleaded guilty to petit larceny and was imprisoned for a short time in the county jail ; but the counsel for the convict advised him to demand a trial, insisting that the transaction was merely a trespass. This course resulted in his conviction of an offense for which the highest penalty was imprisonment for the term of ten years. The judge who pronounced the sentence, the district attorney who prosecuted the indictment and every member of the jury who rendered the vei-dict earnestly recom- mend that the convict be now pardoned. I have no diffi- culty in arriving at the conclusion that if the conviction was proper, it is peculiarly a case in which the rigors of the law should be tempered and modified by executive clemency. 278 Public Papers of Governor Cleveland. March 7, 1884. David Murphy. Sentenced June 27, 1872 ; county, New York ; crime, murder first degree ; term, death ; commuted August 8, 1873,. to imprisonment for life ; prjson. Sing Sing. The homicide was committed by a pistol shot, and in the midst of, or immediately following, quite a serious affray, between the convict and the deceased. An appeal was taken to the General Term of the Supreme Court from the conviction of murder in the first degree, which was affirmed by both of the justices con- stituting the court, on the grounds that as matter of law they ought not to interfere with the verdict of the jury. Both wrote opinions. The chief justice, after reviewing the facts in the case, concludes his opinion as follows : " But while we think there is nothing in this case to justify this court in reversing the judgment, we feel bound to say that we think the clemency of the Executive may very properly be exercised in commuting the sentence to such lesser degree as shall be thought proper on a review of the evidence.'' The associate justice, in his opinion, after commenting upon the evidence, says : "The statute anticipates the infirmities of nature by providing that a killing in the heat of passion, with a dangerous weapon, without intent to kill, shall be manslaughter in the third degree, and this case is one in which that verdict would, I think, have accomplished the ends of justice." And he concludes as follows : " For these reasons I concur with the chief justice that, although we cannot say positively that injustice has been done, the doubt which springs from an examination of the whole case, makes the suggestion proper that the executive clemency may safely be employed towards the prisoner." The assistant district attorney, who tried the indictment Public Papers of Oovernor Olbveland. 21IQ for the people, writes : " Upon a review of the case, I am satisfied that manslaughter in the third degree would have been the right verdict in this case. , I, therefore, respectfully suggest that the sentence be reduced to what it should have been had that been the verdict of the jury." The district attorney himself, who presented the case to the court on appeal, expresses his opinion as follows : "The judges, however, in their opinions, express the belief that while they cannot interfere with the findings of the jury, a verdict of manslaughter in the third degree would have satisfied the requirements of justice, and that the executive clemency might justifiably be exercised in reducing the punishment accordingly. With that view I concur." . Notwithstanding the opinions given above, of those so well qualified to speak of the merits of the case, I have read the evidence, and am surprised that a verdict of murder in the first degree was rendered. -The severest punishment which could have been inflicted fpr manslaughter in the third degree was seven years imprisonment. The crime was committed April 17, 1872, and the convict has been in confinement ever since that day. He has been in prison since August, 1873. During his incarceration his conduct has been irreproachable. In the year 1878, when a fire occurred in the prison store- house, which afforded him an opportunity to escape, he rendered willing and valuable assistance in saving property belonging to the State. Such behavior should, I think, be recognized and encouraged, and this circumstance may well be considered as an additional reason why the clemency asked in this case should be granted. 280 Public Papers of Governor Glmvbland. March 13, 1884. William Emmerline. Sentenced May 18, 1883 ; county, Albany ; crime, burglary, third degree ; term, one year ; prison, Albany County Penitentiary. It is represented to me that the convict's mother has but a short time to live, and it is asked that he may be relieved from the five days remaining of his sentence, in order that he may be enabled to be with her in her last hours. It is on this, and the further ground that this was the convict's first offense, and of his previous good character, that I have determined to grant the pardon applied for. April 7, 1884. Edward Jones. Sentenced August 14, 1879 ; county, New York ; crime, grand larceny from the person in the night time ; term, ; prison, New York State Reformatory. This convict was arraigned upon an indictment charging him with the offense of grand larceny from the person in the night time. He pleaded guilty to the indictme'nt, and in consideration of his age and previous good character, he was sentenced by the court to the New York State Reform- atory. It seems that at the time he pleaded to the indictment, the question was raised that the larceny was committed in the day time. The law was then such that if this offense had been committed in the night, the maximum punishment that could have been inflicted for the same would have been ten years' imprisonment ; but if in the day time, the maxi- mum imprisonment would have been but five years. Inas- much, however, as the court had determined that he should be sent to the reformatory, from which it seems to have been expected that he would be released long before the expiration of either of these terms, the fact that the indict- Public Papers op Qovpsnob Cleveland. 281 ment charged the graver offense was not deemed of much importance. Thus, under his plea of guilty to such an indict- ment, he was committed to the reformatory for imprisonment and reform. He reached that institution on the i6th day of August, 1879 ; on the 7th day of June, 1881, he was transferred by the managers of the reformatory to the State prison at Auburn as incorrigible. The effect of this was to consign him to prison for the term of ten years, less the time he had spent in the reformatory. But on the 20th day of June, 1882, having become insane, he was sent to the asylum for insane criminals at Auburn, and on the 1 8th day of October, 1883, having fully recovered, he was returned to the State prison, where he might be im- prisoned for the remainder of a ten years' term. I have had his case carefully investigated, and there is not the slightest pretext, nor is it claimed in any quarter that the offense to which he pleaded guilty was committed in the night time. On the contrary, the proof is positive that he was arrested immediately after the offense, about two o'clock in the afternoon. The judge who sentenced him writes that if he had sent him to prison he would not have fixed his term of imprisonment longer than four years. The maximum term for his real offense is five years, and granting him commutation for good conduct while he has been in prison and the asylum, his imprisonment should have terminated on the 25th day of November, 1883. This case furnishes a forcible illustration of the manner in which the merciful intent of the courts may sometimes miscarry when convicts are sent to the reformatory. I have determined, in pure justice to this prisoner, to grant him the pardon which he asks. 282 Pub TAG Papers of Govmenor Cleveland. April 24, 1884. Charles Johnson. Sentenced March 5, 1884; county, New York, crime, assault, third degree; term, three months; prison. New York Penitentiary. I have read all the testimony taken upon the trial, and though the case seems to be without much extenuation, the sentence appears to be quite severe. The wife of the convict is in a delicate condition and entirely destitute of means ; a physican's certificate informs me that he deems it very important, in view of her near confinement, that her husband should be' released ; the judges who sentenced the prisoner express the opinion that the ends of justice will be fully answered by his liberation. I am satisfied that the facts in the case justify me in granting the application for his pardon. June 9, 1884. John Donohue. Sentenced May 9, 1884 ; county, Oneida ; crime, assault third degree ; term, six months ; prison, Albany County Penitentiary. This pardon was granted upon these grounds : It appeared to my satisfaction that the prisoner previous to his conviction had been a hard-working, industrious man, and that this was his first offense ; that he is a mason by trade, and has a family dependent on him for support ; that his only opportunity of employment is during the mild season, and, if compelled to serve out the remainder of his sentence, his opportunity of earning subsistence would be lost during the entire year. His sentence was based prin- cipally upon the fact of his committing a contempt of court after conviction, and which was clearly excessive for the real offense for which he was arrested and convicted, and which was hardly deserved, even taking the contempt into consideration. Public Papers of Governor Cleveland. 283 His pardon was recommended by the judge before whom he was sentenced, and several citizens of standing and character in the community who were thoroughly conversant with the circumstances of the offense. It appearing that the convict has been somewhat addicted to the use of intoxicating driflks, this pardon is granted only upon the condition that the prisoner shall not become intoxicated at any time during the period of one year from and after the date of pardon." June 24, 1884. Elias N. Crow. Sentenced May 29, 1884 ; county, New York ; crime, cruelty to an animal, to wit, a horse ; term, six months ; prison. New York Penitentiary. This prisoner pleaded guilty on the 30th day. of March, 1881, to an indictment in the General Sessions of the city of New York, charging him with cruelty to a horse. Sen- tence was thereupon suspended by the court upon the express condition that if the defendant should again vio- late the provisions of the statute relating to cruelty to animals, he was to be sentenced upon the indictment and his plea of guilty already entered. The prisoner was engaged in a business which made necessary the use of a large number of horses in drawing trucks, and were let to others to be so used, and he has continued in that business up to the present time. On the sth day of May, 1884, he was again arrested, charged with the offense of permitting one of his drivers- to use a horse which was suffering from a complaint called the "scratches." On this latter charge he was arraigned and pleaded guilty, and was thereupon sentenced to pay, and did pay, a fine of twenty-five dollars. 284 Public Papers of Governor Cleveland. He was then, on the pth day of May, 1884, sentenced upon the plea of guilty, which had been entered on the previous charge nearly three years befpre, to be imprisoned in the New York Penitentiary for the term of six months. His pardon is now asked by a large number of citizens of the city of New York of high standing and respectability, who testify in unqualified terms to his integrity and good character, and their application is warmly indorsed by the district attorney and the judge who sentenced him to impris- onment. With these things before me, and believing from other representations, that the condition of the family of the prisoner appeals strongly for his liberation, that his busi- ness will be very much damaged, if not destroyed, by his imprisonment for the term of his sentence, and being fully convinced that the incarceration already suffered will prevent any future transgression of the law on his part, I have determined to grant him a pardon. June 26, 1884. Gerardus Reese. Sentenced June 16, 1884; county, Schenectady; crime, assault, third degree; term, two months; prison, Albany County Penitentiary. It appears that the assault committed by the convict was in no sense aggravated, and the sentence imposed was out of all proportion to the offense committed. From a careful examination of the papers on file in this case, I am satisfied that the convict, who was unquestionably a sober, hard- working man, has already been sufficiently punished, and I am satisfied that the interests of justice will be subserved by his release at the present time. Public Fapmss of Governor Cleveland. 285 July 3, 1884. Thomas Chestnut. Sentenced July 23, 1879 ; county, Westchester ; crime, rape ; term, ten years ; prison, Sing Sing. * A reading of the most essential parts of the- testimony, and conversation with the prosecuting officer, leaves in my mind much doubt whether the offense of rape was com- mitted. After the trial and conviction of Chestnut, a further examination of the case and the character of the complain- ant seems to have given rise to the same doubt in the mindS of the court and district attorney, for at the next term of the court the other parties indicted were permitted to plead guilty to an assault with attempt to ravish, and were sentence'd to imprisonment for the terms of four years and six months, and four years respectively. These latter terms have expired. There is no pretense that there is any difference in the guilt of all the parties concerned in the transaction. I am entirely clear that this convict should be released. And my duty, I think, is made especially plain since I have before me the petition of every member of the court before which he was tried, and the district attorney who prose- cuted him, asking for his release. August 4, 1884. Frederick Munter. Sentenced December 19, 1863; .county. New York; crime, manslaughter, first degree; ' term, life; prison. Sing Sing. In a moment of frenzy, caused by drunkenness and jealousy, the convict killed a women to whom he professed to be devotedly attached and between whom and himself an engagement of marriage existed. As no trial was had, it is impossible to procure the facts attending the homicide with very much detail. It seems, however, that the murdered 286 Public Papers of Governor Cleveland. women excited the jealousy of the convict to the highest pitch by receiving and encouraging the attentions of other suitors to her favor, and that having indulged heavily in drink, he killed his victim, he claims, while he was uncon- scious of his acts. It certainly appears that shortly after having regained his senses he surrendered himself to the officers of the law, and on being arraigned pleaded guilty to manslaughter. The crime he committed was an atrocious one, and I am assuming that there was no legal excuse for the same, nor any circumstances that necessarily mitigated the offense. But he has now been actually imprisoned more than twenty years. His record for good conduct' in prison is most satisfactory, so that if he had been sentenced for thirty-four years, the time allowed him for good behavior would so have reduced his time that it would have already expired. This convict is a German, having no relatives in this country except a sister. A petition for his pardon is presented, very numerously signed by many of the convict's fellow countrymen, who have investigated the case, and by a great number of very promi- nent citizens. An arrangement has been made under which, if released, he shall have immediate and permanent employment. In view of all the circumstances, I am convinced that the ends of justice have been answered in his case by the punishment he has already received, and that if he is restored to society he will become a good citizen. I have determined, therefore, to pardon his crime and release him from imprisonment. Public Papers of Governor Cleveland. 287 September 4, 1884. Terrence Condon. Sentenced Novem- ber 16, 1881; county, New York; crime, manslaughter third degree; term four years; prison, Sing Sing. The term of this convict would have expired by reason of his good conduct in prison, in any event, November 16, 1884. I find nothing connected with the commission of the offense or with the trial and conviction which in my opinion would justify me in interfering with this convict's punishment. But I have before me the certificate of the physician attend- ing his father, to the effect that the latter is suffering from consumption in its most advanced stage, and that he will probably not live to exceed a month. This is accompanied by a statement of a clergyman that the father is so low with his disease that he has already been prepared for death, according to the rites of his church. It is further represented to me that his constant desire is to see his son again before he dies. Upon these facts, I have determined thac the State can, without sacrificing the cause of justice, remit the remaining » two months and twelve days of this convict's sentence for the sake of administering, perhaps, the last earthly comforts to an almost dying father. September 4, 1884. Peter Swenson. Sentenced February 6, 1874; county. Kings; crime, murder second degree; term, life ; prison. Sing Sing, transferred to Clinton. The convict is a Swedish sailor who had been in this country but a few days when he committed the homicide which resulted in his conviction. His pardon is recommended by the judge who sentenced him, and by the district attorney who prosecuted the indict- ment, His conduct in prison Ijas been excellent, and the 288 Public Papers of Governor Cleveland. circumstances attending the homicide are such as to satisfy me that he has already been abundantly punished for the offense he committed. The facts, as I apprehend them, so nearly justify the act that, fortified by the opinion of the court and district attorney, I fear that I am doing tardy justice in granting a pardon to this friendless man. September 15, 1884. Charles H. Rudd. Sentenced March I, 1879 ; county, Oneida ; crime burglary first degree ; term, ten years ; prison. Auburn. The following reasons have been filed : The sentence of the convict's brother was commuted by my predecessor, so that he has been at large for some time. I know of no circumstances that distinguish the two cases as to the degree of guilt. This convict has behaved well in prison, and his release is asked by a large number of respectable citizens who were his neighbors prior to his conviction. The present district attorney of the county where he was tried, from such knowledge of the facts of the case as he has been able to obtain, indorses the propriety of his pardon. In addition I have before me a letter from the physician of the prison stating that his health is very poor, that he has been running down for the last year, that in spite of medical treatment he constantly loses flesh and strength, and expressing fear that he cannot live to the end of his term. The convict has a family, and I am assured bore a fair reputation prior to his conviction. His original term, with the deduction which he has earned for good conduct, will expire September 3, 1885. In view of all the facts, I have determined to remit the remainder of his sentence by granting him a pardon. Public Papers of Oovebnor Cleveland. 289 September 17, 1884. William Blumenauer. Sentenced March 26, 1884 ; county, New York ; crime, assault, second degree ; term, two years and six months ; prison, Sing Sing. The offense of this convict consisted in wounding, with an ordinary pocket-knife, the complainant, in the midst of a scufHe, which had been preceded by a violent quarrel. From statements made by the district attorney, I gather that the complainant, who was a larger and stronger man than the convict, was the assailant, and that, though there was no actual justification for the use of a weapon, the cir- cumstances surrounding the affair mitigated, to a great extent, the conduct of the prisoner. A very large number of his neighbors and acquaintances certify to his quiet and peaceable disposition and industri- ous habits, and ask that he be released from further imprisonment. Eight of the jurymen by whom he was convicted join in the petition for his pardon. The convict was engaged in the milk business prior to his conviction, and has a wife and a number of children. I am satisfied that this continued imprisonment will result in the destruction of his business, and reduce his family to actual want. The district attorney who prosecuted him, upon con- sideration of the facts adduced upon the trial, and those which he has since learned, expresses the opinion that this is a proper case for clemency. This convict has been in prison nearly six months, and I am satisfied that the ends of justice will be subserved and this offender against the law sufficiently punished, if he be now pardoned. 19 290 Public Papers of Governor Cleveland. September i8, 1884. John Cody. Sentenced October 4, 1882 ; county, Westchester; crime, rape; term, seven years; prison. Sing Sing. This convict appears to be without friends to push his application for a pardon, but I am entirely satisfied, upon investigating the case, that the proof of force necessary to constitute the offense was wanting. This is apparent from the evidence of the prosecutrix upon the trial, and from her testimony subsequently given upon the trial of other parties charged with the convict. The district attorney who prosecuted the indictment frankly writes : " Taking the entire evidence I had, at the time of the conviction, a serious doubt of the guilt of the convict, and still entertain such doubt. So far as I can learn, the previous character of the convict is not good. My doubts arise from the fact that it was not made to appear that sufficient force was used by the convict to constitute the crime." The judge who sentenced the convict writes : " Had the question of fact been determined by the court, the convict would not have been convicted, and I do not believe the offense charged was committed." I have no hesitation in granting a pardon to this prisoner, who has, I believe, been unjustly confined for nearly two years, and with the pardon I shall restore him to citizenship." September 20, 1884. James Larkin. Sentenced March 11, 1879 ; county, Queens ; crime, burglary ; term, ten years ; prison, Sing Sing; transferred to Clinton. The conduct of this convict in prison has not been good. The judge, before whom he was tried, writes that the proof against him was chiefly the testimony of an accomplice, cor- Public Papebs of Governor Cleveland. 291 roborated in some particulars, and that the jury accompanied their verdict with a strong recommendation for mercy^ He does not, however, advise a pardon. The district attorney who prosecuted the indictment, repre- sents that the evidence was very conflicting, and upon the whole case he recommends clemency. He further states that the jury, after being out about two hours, made a written agreement that if the prisoner was sentenced for more than one year they would immediately apply for a pardon, and it was under such circumstances that a verdict of guilty was reached. A written statement is before me signed by all the jurors, setting forth that they had great difficulty in coming to a conclusion that the convict was guilty, and that the agree- ment referred to by the district attorney was signed by them. It is apparent that the condemnation of this convict was the result of a reprehensible bargain by the jurors, and an utter and complete disregard of the important duty which a jury is sworn to perform. When the liberty of a citizen is made to depend upon a traffic or wager in the jury room, concerning the manner in which the court may perform its duty in the matter of sentence, criminal trials become grim travesties of justice. I regard the verdict of the jury, in this case, as invalid and outrageous, and after an imprisonment, which I deem legally unjust, of more than five years, a pardon is granted to the convict, with full restoration of all his rights of citizenship. 292 Public Papers of Governor Cleveland. September 22, 1884. Richard Unger. Sentenced Febru- ary 21, 1883; county, New York; crime, burglary third degree ; term, three years ; prison, Sing Sing ; transferred to the State Asylum for Insane Criminals. This convict is only twenty year^ of age, and this is his first offense. A few months since he was transferred to the State Asylum for Insane Criminals, where he now is. The medical superintendent of that institution certifies to me that his insanity assumes the type of melancholia, and that he is absolutely harmless ; that this disease is com- plicated by advanced and rapidly progressive consumption, and that his condition is one of enfeeblement and em.aciation, and he is of the opinion that his case is absolutely hopeless. He further states that he doubts if he can live a month. It further appears that his family are able to provide him with a good home and suitable treatment. In view of the above facts, I have determined to grant him a pardon, in order that his- mother, who is now waiting for him at the asyjum, may take him home to die. [The above convict died October 28, 1884.] October 7, 1884. Miles Tunny. Sentenced July 16, 1884 ; county, Albany ; crime, breach of the peace ; term, five months ; prison, Albany County Penitentiary. It appears to my satisfaction that this convict's wife now lies dead, and has left two young children totally without protection, care and support ; that the community is in favor of his release under the circumstances, and the recorder who sentenced hirri strenuously urges his pardon on these grounds. In view of these facts, I have determined to remit the Public Papers of Governor Cleveland. 293 remainder of the convict's term, inasmuch as he has already served nearly three months of his sentence, in order that he may be present at his wife's funeral, and to enable him to care for his motherless children. November 14, 1884. Robert W. Batting. Sentenced April 23> 1875 ; county, Ulster ; crime, murder, second degree ; term, life ; prison. Sing Sing. The crime was committed while the convict was under the influence of intoxicating drink to such an extent as to fully justify the belief that he was unconscious of his acts. This is no actual excuse for his crime, and I am inclined to think that all the palliation that circumstance offered was allowed him by the jury in fixing the grade of the offense. In this particular case, however, I think it proper to consider the convict's condition at the time of the homi- cide, in connection with the other facts presented upon his application for clemency. The character of the convict up to the time of his arrest had been fair, and with an occasional over-indulgence in drink, he had been industrious and steady ; and he had been regarded by his acquaintances and neighbors as quiet and inoffensive. The petition for his pardon is numerously signed by the best citizens of the locality where he lived and where the crime was committed ; and his former employers offer to again take him into their service imme- diately upon his discharge. He has a wife and five children whose condition appeals strongly to every humane sentiment. Since his incarceration . his conduct has been most exem- plary. He has yielded willing obedience to all prison rules. 294 Public Papers of Qovernos. Cleveland. and has shown a disposition uncomplainingly and submis- sively to suffer the penalty the law has imposed upon him for his crime. With but these considerations before me, I might still hesi- tate to interfere with the action of the jury and the judgment of the court in this case. But the judge who pronounced the sentence earnestly recommends a pardon, and in addition, I have had presented to me the further fact that since the con- vict's imprisonment, when a desperate and savage assault was made by a number of prisoners upon one of their keepers, the convict, at great personal risk, interfered, and, in all proba- bility, saved the keeper's life. Such service to the State, and such a disposition to aid in the maintenance of prison discipline, should, in my opinion, be recognized and encouraged. Considering this, and all the other circumstances of the case, I have determined to restore the convict to liberty and to his family. But, because his great crime resulted from his drunken condition at the time of its commission, his pardon is granted upon the express condition that if he again becomes intoxicated the same shall be deemed forfeited. November 26, 1884. William McGovern. Sentenced, August 14, 1884 ; county, Onondaga ; crime, assault, third degree ; term, six months ; prison, Onondaga County Penitentiary. The justice before whom the convict was tried represents that the injuries inflicted by the convict upon the com- plainant were not of a serious nature, and he expresses the opinion that, having served over one-half of his term, the ends of justice will not suffer if the convict is now released. It further appearing to my satisfaction that the convict's mother has but a short time to live, and that she and her Public Papers of Governor Cleveland. 296 aged husband need his care and support, I have determined to grant the pardon applied for. November 28, 1884. George Witherhead. Sentenced, October 17, 1884 ; county, St. Lawrence ; crime, drunkenness and disorderly conduct ; term, six months ; prison, Onondaga County Penitentiary. The offense of which the convict was found guilty was not a serious one, and it further appears that he was never previously charged with or convicted of any crime. He is young, and the only son of a widowed mother. A report from the warden shows that his conduct while in confinement has been most exemplary, and the Peniten- tiary physician certifies that he is suffering from con- sumption, and is at present confined to his bed, having recently had a severe hemorrhage, and he expresses the opinion that he cannot survive if kept incarcerated during the remainder of his term. For these reasons I have determined to grant the pardon applied for. December i, 1884. Thomas Reilly. Sentenced, June 6 1884 ; county, Ulster ; crime, malicious mischief ; term, nine months ; prison, Albany County Penitentiary. This convict was pardoned on the ground that the Attorney General of the State, in an opinion, held that the sentence imposed by the court was wholly illegal and void. December 5, 1884. John Bowes. Sentenced, September 13, 1879 ; county, Wyoming ; crime, arson first degree ; term, life ; prison, Auburn. The convict was confined in the jail at Warsaw, Wyoming county, awaiting trial upon certain charges for which he 296 Public Papers of Governor Cleveland. had been indicted, when it was discovered that a hole had been burned partly through the side of the cell in which he was incarcerated. It appeared that this was done by means of lighted charcoal, which was drawn over or pressed against the wood in such manner as to destroy its fibre, while precautions appear to have been actually taken by the convict, in this attempt to prevent the destruction of the building. It seems to me to be plainly evident by the direct, as well as the circumstantial evidence adduced upon the trial, that the intention was to make, by means of the burning above described, a breach through which an escape might be effected. Under a number of decisions of the courts, and as the law then existed, this state of facts did not constitute the offense of arson in the first degree, of which the prisoner was convicted, an element of that crime being an intention to destroy the building set on fire ; and when any evidence that such might not have been ihe motive was given, the jury should have been directed to pass upon the question of intent, finding the prisoner guilty only in case they arrived at the conclusion that his purpose was to destroy the building. While it appears to me that the evidence negatives the theory that such an intent existed, I am still satisfied that if I am mistaken as to the conclusive force of the testi- mony in this case, I ought to pardon this convict upon the ^ following statement contained in a letter lately received from the judge before whom he was tried : "It is now suggested by the friends of the prisoner that the jury would have been justified in finding from the evi- dence that he set fire to the jail as a means of securing his escape, and not with the intention of burning down the Public Papbss of Governor Cleveland. 297 building, so as to bring the case within the rule as laid down in the case of The People v. Cotteral (i8 Johns., 115), where it was held that if the firing was for the purpose of effecting his escape only, that the prisoner was not guilty of the crime of arson. I think, with the friends of the prisoner, that the jury would have been justified in taking that view of the case. I do not recall to mind at this time that the jury was so instructed, and my impressions are that their attention was not called to the rule of law as laid down in the case referred to." If the evidence was altogether with the prisoner upon the question of intent, as I am convinced, he should not have been convicted ; and if the jury were not permitted to consider such evidence as was concededly in the case, tending to the prisoner's advantage upon that question, he was not justly dealt with. In either view I deem it my duty to release him. December 17, 1884. Joseph P. Wall. Sentenced, February 18, 1878 ; county, New York ; crime, manslaughter in the first degree ; term, fifteen.years ; prison. Sing Sing. It appears that the convict, until a comparatively short period preceding the commission of the offense, had borne an exemplary character, had worked steadily at his trade as a confectioner, and had in all things faithfully cared for his family. For some time prior to the homicide the convict's wife had been in the habit of drinking, and at times became so much under the influence of liquor that she grossly neglected her family. In time the convict became addicted to the use of drink, and coming home one night in a drunken state and find- ing his wife lying on the floor in the same condition, as 298 Public Papers of Governor Cleveland. it appeared upon the trial, he attempted to arouse her, and not succeeding, kicked her in such a manner that her death resulted in a day or two. It did not appear that he had the slightest intent to cause her death, or to inflict serious injury. For this act the prisoner was convicted in the Court of Oyer and Terminer of manslaughter, and sentenced to fifteen years' imprisonment. He now, in his application from the prison, acknowledges the justness of his sentence, but pleads that he may be released in order that he may be able to provide for his old mother and children, who have been thrown upon charity. Judge Davis, who imposed the sentence, now writes : " He was at the time grossly intoxicated, and probably did not intend her death, nor fully apprehend the danger to which his brutality exposed her. Exemplary punishment was imposed because crimes of that nature were very frequent at that time. I have since learned that Wall's general character, with the exception of his addiction to drink, was quite good, and that when sober he was indus- trious and kind to his family. During the last summer I visited the prison at Sing Sing, and saw and conversed with Wall. I was also informed by the warden that his conduct in prison had been at all times exemplary. He is submissive, industrious and at all times attentive to the duties imposed upon him, and thoroughly repentent of his crime. He manifested great anxiety on account of his mother, who is old and poor, and his three children, now in the care of the Protectory, all of whom need his care and support. His case is one in which a pardon may be properly granted. I therefore unite in recommending your excellency to pardon him." For the reasons above expressed, I have determined that justice will in no wise suffer, but rather be promoted if the convict's application for pardon be granted. Public Papers of Governor Cleveland. 299 December i8, 1884. Charles C. Bates. Sentenced, Decem- ber 13, 1882 ; county, Delaware ; crime, bigamy ; term, ; prison, State Reformatory. , As a general rule I have declined to interpose clemency in behalf of inmates of the State Reformatory. Under the statute governing its organization and manage- ment, and the rules made by the board of managers in pursuance thereof, executive clemency in behalf of its inmates should be sparingly exercised. In the case of this inmate, however, I deem it my duty to order his release. It appears that at the time of the commission of the ■offense for which the inmate now lies imprisoned, he was only twenty years of age, ignorant of the consequences of his act, under the influence of liquor, and I am satisfied that he had no intention of violating the laws of the State. While these considerations do not, perhaps, furnish reasons why the inmate should be entirely excused from the con- sequences of his act, yet they do unquestionably give ground for a mitigation of his punishment. He has a wife and child, who have, since his incarcera- tion, been provided for by the charity of his father, and furnished a home in the latter's family. It now satisfactorily appears that further imprisonment of the inmate will be likely to result in a permanent sepa- ration between him and his wife, and a dissolution of all family ties, which, it- is so important should be maintained in their integrity ; and it is conceded that the inmate is both able and willing to provide for his family. I am satisfied that further imprisonment will be of no advantage to the inmate nor to the community. As a further reason for the inmate's release, I have before 300 Public J'APEBS of Oovebnor Glmveland. me the letter of the judge who imposed the sentence, in which he says : " Under the statute I felt called upon to send him to the Reformatory. If the court had been called upon to fix the term of imprisonment, it would not have exceeded one year, under all the circumstances. If that had been done he would now have been entitled to his discharge. It does not seem that the ends of justice will be promoted by his further confinement." The inmate has already been actually incarcerated for a period of over two years, an ample punishment for the offense committed, under all the circumstances surround- ing it. December 19, 1884. Harvey J. Totten. Sentenced Decem- ber 17, 1883 ; county, Livingston ; crime, grand larceny in the second degree ; term, two years ; prison. Auburn. This convict was convicted in the county of Livingston of the crime of grand larceny in the second degree, in having misappropriated funds in his capacity as agent of a sewing machine company, and sentenced December 17, 1883, to two years' imprisonment in Auburn prison. I am exceedingly averse to interposing clemency in behalf of those who, acting in a fiduciary capacity, violate the trust reposed in them. In the case of this convict, however, there seems to be sufficient ground for a mitigation of his punishment. It is now represented to me by the convict's friends that previous to his conviction he had borne a good character; that his family are now destitute by reason of his imprison- ment, and that the company was fully indemnified for the misappropriation, by reason of a bond given by the con- vict, with sufficient sureties. Public Papers of Governor Cleveland. 801 The district attorney who prosecuted the indictment now writes : " I believe the punishment already received sufficient, and that the public will not be injured by immediate clemency." And the judge who imposed the sentence says : " The court .very reluctantly sentenced him' to State prison. Convict is of a respectable family. I knew his father well. The punishment the court was compelled to impose is out of all proportion to the offense of which he was guilty, within the meaning of the Code. I think he ought to be pardoned." The convict having already served over a year's actual imprisonment, I believe the ends of justice have been fully answered in his case. December 19, 1884. George Lewis. Sentenced December, 6, 1883; county. Queens; crime, larceny; term, two years; prison. Kings County Penitentiary. The crime consisted in the convict having taken the horse and buggy of a friend, driving off with them to a distant town, and endeavoring to dispose of the same at a low price, under what appeared to be suspicious circumstances. His former employer certifies that he heard the owner of the property repeatedly urge the convict to sell the same, and that he believes that he had no intention of committing a crime. As grounds for his pardon, I have before me the petition of the jurors who convicted him, who say : "While we could not conscientiously acquit, we feel that the circumstances fully warrant a commutation of sentence." The district attorney who prosecuted the prisoner now writes: " I feel that he entirely lacked the elements of which crim- 302 Public Papers of Governor Cleveland. inals are made; he looked to me like a weak young man one easily influenced. I am of ihe opinion that executive clemency may be the making of him, and concur in the judge's opinion." The latter says: "I gladly unite in the application of the jury. The evidence showed that up to the time of the offense he was a person of good conduct and upright char- acter. He had become addicted to intoxicating liquors to excess, and was in a drunken spree when he committed the theft. The sentence, which was the lowest I could impose, I think should be commuted to one year. Even six months would be sufficient. Such an act would probably save him for all future time." His former employer now writes that he has full confidence in him, and that should he be released he will immediately take him into his employ. As the convict has already served over one year's actual imprisonment, I have determined, in view of the reasons above set forth, to grant the pardon applied for. January 5, 1885. Daniel O'Brien. Sentenced October 3, 1884 ; county. New York ; crime, assault in the third degree ; term, six months ; prison. New York Penitentiary. This prisoner was convicted of an assault upon his wife which was not an aggravated one, consisting of but one not very severe blow. I am in favor of sternly dealing with wife-beaters ; but in this case the punishment the prisoner has already suffered appears to be abundantly sufficient, and his pardon is earnestly recommended by the court before which he was tried. The wife, who was the complainant against him, begs that he be restored to her and his children, who need his support. Public Papers of Governor Cleveland. 303 The action of inferior magistrates in disposing of cases of this description is frequently characterized by a strange lack of good judgment. Sentences are pronounced under stress of passion or prejudice, grossly disproportionate to the offense, and long imprisonment is unreasonably imposed upon a husband and father, leaving those dependent upon his labor to be supported by charity, or at the public expense. Those condemned by these inferior tribunals are generally poor and friendless men. This fact entitles them to the just care of the court, and at the time of conviction their condition and that of their families should be considered, to the end that justice might be tempered with humanity and a wise discretion. I have no doubt of the propriety of granting a pardon in this case. January 5, 1885. Mary Hoey, alias Lizzie Ellen Wiggins. Sentenced April 14, 1882 ; county. New York ; crime, petit larceny from the person ; term, five years ; prison, New York Penitentiary. This convict is a notorious criminal and professional thief. She is now confined in the New York Penitentiary under a sentence of five years, imposed for pocket-picking; and this is represented to be only one of her many exploits of a similar kind. She appears to have been formerly connected in crime with a notorious receiver of stolen property in- the city of New York, named Mandelbaum, who, until lately, has suc- cessfully followed her vocation, and, by means thereof, grown quite rich. This convict, after her conviction of the offense for which 304 Public Papers of Governor Cleveland. she is now imprisoned, took an appeal and was released on bail. She went to Boston pending the appeal and was sen- tenced to prison there. About this time she determined to expose the receiver above mentioned, which she did, and thus enabled a prominent dry goods firm to recover judg- ment against Mrs. Mandelbaum for a large sum, being the value of goods of which they had been robbed, and which had been received by her. The conviction in the city of New York having been affirmed, she was brought from Boston to serve her sentence upon such conviction. She and her husband have since that time furnished the authorities in New York such infor- mation and evidence as led to the finding of a number of indictments against Mrs. Mandelbaum, upon which she has been arraigned, and has given bail for her appearance. She has, however, forfeited her bail and fled to Canada. I am strongly urged by the late district attorney of the city and county of New York, in whose term the indict- ments were found, and by the members of the Boston firm above mentioned, as well as by a number of the most promi- nent dry goods firms in both cities, to pardon this convict, upon the ground that she has rendered important services in the administration of the criminal law, in the pursuit of Mrs. Mandelbaum and the destruction of her business, which, while it flourished, subjected an important part of the business community to constant and extensive depredations. If the prisoner was under indictment and untried, the district attorney, with the consent of the court, could release her upon her furnishing evidence to convict a more guilty and important criminal. But having done this while under sentence, the only resort by way of compensation is to the pardoning power. It seems to me the same principle should Public Papers of Oovebnor Cleveland. 305 govern me as would be applied by the court when asked for permission to release or abandon prosecution before conviction. It is alleged upon this application that the convict is dis- posed to reform, and leave her vicious ways, but I have not faith enough in such representations to base a pardon on that ground. I think, however, that I should be guided by the advice of the district attorney, who, under his oath as an officer charged with the execution of the law, insists that the cause of justice will not suffer, but rather be promoted by the pardon of this criminal. She has now been actually imprisoned in the New York Penitentiary for nine months. Her pardon is granted upon the condition that she shall at ajl times, when required by the district attorney of New York county, appear in court and testify upon the trial of any of the indictments now pending against Fredrika Man- delbaum, and if she shall at any time fail and neglect to so appear and testify, when required, the said pardon shall be void, and her sentence be revived and restored in full force and virtue, and she may be remanded to serve the remainder of the term which she would have been compelled to serve but for this pardon. January 5, 1885. Joseph P. Farley. Sentenced April 17, 1878 ; county, Niagara ; crime, murder in the second degree ; term, life ; prison. Auburn ; transferred to Clinton. At the time of his conviction he was quite young, barely nineteen years of age. It appears that the crime was committed under somewhat peculiar circumstances. The convict was walking with two 20 306 Public Papers of Governor Cleveland. young girls, when they were met by three men, who jostled or pushed against the girls and their escort. This action resulted in a fight, during which the convict, in great passion, cut the deceased with a pocket knife in such a manner as to cause immediate death. It does not appear that there was the slightest intention on the part of the convict to cause death, or, in fact, to inflict serious injury. The district attorney expresses the opinion that the convict had the knife in his hand, open, before he met the assaulting party. From the testimony of those whose opinions are entitled to respect, it clearly appears that the previous character of the convict has been good. I have before me the petition of all the jurors now living, who convicted the prisoner, asking for his pardon, and this is supported by a. large number of the most respectable citi- zens of the county. The district attorney who prosecuted the prisoner now writes : "While the jury might, perhaps, have inferred a design on the part of Farley to cause death, yet I confess I would not have been surprised if the verdict had been one of guilty of manslaughter in the third degree, and I rather expected such a verdict. Indeed, I have been told by some of the jurors that the verdict would not have been for murder, had they not supposed that the punishment to follow would be virtually ten years' imprisonment." The judge who imposed the sentence says : " I think he was properly convicted upon the evidence; yet I then thought, and still think, that the mitigating circum- stances which the law would not allow me to act upon, would at some future time, if his conduct meantime should not Public Papers of Governor Cleveland. 307 oppose, make his case a proper one for favorable executive consideration. He was a mere lad, and the provocation which he received was such as it is a natural sentiment for suc^ lads to resent. He was provoked to engage in a fight with the other lad and stabbed him. The intent to cause death was constructively imputable to him; yet the whole affair was so short and sudden, that the thought to cause death could have been but a momentary impulse. Assuming that his conduct in prison, now several years, has been good, I shall regard such a commutation of his sentence, as shall soon expire, as a wise exercise of exeeutive clemency." The warden reports the convict's conduct as most exemplary. Inasmuch as he has already served a sentence of ten years, allowing for good conduct in prison, and from the con- siderations above set forth, I am clearly of the opinion that justice will be promoted by the pardon of the convict. Januarys, 1^85. Horatio S. Courtney. Sentenced March 5, 1883 ; county. New York ; crime, grand larceny ; term, four years and six months ; prison. Sing Sing. This convict, with two others, was connected in the robbery of a place of business. The offfense and the perpetrators were soon discovered, and all three pleaded guilty to its commission. For some time previous there had been a gang of young robbers called the "fire-alarm fiends,'' who started alarms of fire for the purpose of robbery, of which it was under- stood at the time of their conviction the convict and his companions were members. It was also made to appear that the convict was the chief offender in this, as in numerous other robberies, and it was on this ground that he received a sentence of four years and six months, while his com- 308 Public Papjbbs of Governor Cleveland. panions received sentences of only two years and six months each. These considerations, which were so prejudicial to the prisoner when sentenced, now clearly appear to have been based upon mistaken information. It is now represented to me that the convict's previous character was good ; that this was his first offense ; that he had never been connected in any manner with the gang of thieves above referred to, and that he was not the chief offender in the commission of the offense for which he now suffers imprisonment. I have before me letters from reputable persons, among whom are late employers, in which they speak in the highest terms of the previous character of the convict, and one of whom says he would not hesitate to give him employment. The district attorney now writes that he has caused to be made a thorough investigation into the previous char- acter of the convict and the circumstances of the offense, and he reports that he finds the claims of the convict's friends to be fully substantiated, and cordially recommends his immediate release. Inasmuch as the convict has already served within two months of the full term for which his associates were sen- tenced, allowing for commutation for good conduct, I find no diflBculty in reaching the conclusion that >the pardon of this convict would be but an act of justice. January 6, 1885. Frederick Norton. Sentenced September 22, 1884 ; county, Oneida ; crime, assault in the third degree ; term, six months ; prison, Albany County Penitentiary. The offense of which this prisoner was convicted does not appear to have been an aggravated one, and it seems by the letter of the justice who sentenced him, and who Public Papers of Governor Cleveland. 309 now recommends his pardon, that the length of sentence imposed was governed more by a real or supposed indig- nity to the court than by the character of the offense itself. It also appears that the previous character of the convict was good, and this was his first offense. Inasmuch as the prisoner has a family to support, I am satisfied that having served nearly four months imprison- ment for a very trivial offense, he should now be pardoned. COMMUTATIONS. January 5, 1884. Thomas Kearns. Sentenced March 2 1883 ; county, Rensselaer ; crime, petit larceny ; term, one year and $150 fine ; prison, Albany County Penitentiary. Sentence commuted to one year's imprisonment in the Albany County Penitentiary, from March 9, 1883. This commutation is granted on the following grounds : It appears that the prisoner was convicted on his plea of guilty of stealing a carcass of mutton, valued at four dollars, in the day time and in the presence of a number of people, and that it was the first offense of which he had been charged or convicted. The police justice before whom he was convicted stated that he had been sufficiently punished for the particular offense of which he was charged, and he would be satis- fied if his sentence were commuted. The county judge and district attorney recommend execu- tive clemency. It is also recommended by a number of respectable citizens. Taking these facts into consider.ation, and also the fact that his parents are old and need his earnings, I have determined that justice will not miscarry if the fine imposed is remitted- January 8, 1884. James Gilmartin. Sentenced May 23, 1882 ; county, Orange ; crime, assault with intent to kill ; term, two years ; prison, Albany County Penitentiary. Sentence commuted to one year, seven months and thirteen days actual time in the Albany County Penitentiary. Public Papers of Governor Cleveland. 311 This commutation is granted upon the following grounds: It is urged that the prisoner be liberated in time to attend the funeral of his father, who, it appears upon unquestiona- ble authority, died the day previous to the date of this commutation. The term of the prisoner would have legally expired within sixteen days by reason of good conduct in prison. Taking these facts into consideration, and that his antece- dents are entirely respectable, I have no hesitation in grant- ing the relief sought by a commutation. February 2, 1884. Donato Magaldo. Sentenced February 23, 1869 ; county, New York ; crime, murder in the second degree ; term, life ; prison, Sing Sing ; transferred to Clinton. Sentence commuted to twenty-five years from February 24, 1869. This convict was convicted of murder in the second degree for a homicide, committed with a knife. The testimony taken upon the trial, which I have carefully read, indisputably discloses the fact that the person killed crossed the street to the place where the convict was quietly standing, and engaged in an altercation with him, the two being entire strangers to each other. A number of witnesses testified that the deceased was making threatening demonstra- tions towards the prisoner, which would seem to justify him in supposing that he was in danger of bodily injury at the time the fatal blow was struck, and about an equal number of witnesses gave evidence that the deceased had turned away and was leaving the prisoner when he was stabbed. The jury seemed to believe, as they had the right to do, the latter version of the occurrence. The convict is an Italian, and has a family in Italy. At the 312 Public Papers of Governor Cleveland. time of the homicide he had been in this country but a short time, and when he was tried was entirely ignorant of our language. I have before me a certificate of the chief officer of the Italian municipality where he lived, to the effect that during his residence there he lived a blameless life ; and on his trial evidence was given of his good character since he came to this country. A number of years ago the officers of the prison where he is confined joined in a petition for his release, stating that his conduct in prison had been most exemplary, and a report just received represents that his conduct continues to be satisfactory. A distinguished judge of the Court of Appeals, who, with a knowledge of the language of the convict and his Italian witnesses, heard these statements before the trial, and who has since read the evidence, asks for a pardon, and says that he is convinced " that the case is a proper one in which to ask executive clemency:" In 1881 the district attorney of New York county, after an examination of the case, wrote : " I venture to suggest, however, that the imprisonment which the defendant has already suffered, is, under all the circum- stances, sufficient punishment for the crime." Previous applications for this man's pardon have been made to my predecessors, and refused. It seems that in 1872, while such an application was pending, information was asked by the Governor, of the Superintendent of Police in New York, as to the character and antecedents of the prisoner. A report was made by a so-called detec- tive to his chief, which was forwarded to the executive, in which the following statement appears : " As to the character of Donate Magaldo previous to the above offense, I have Public Papers of Governor Cleveland. 313 made an investigation, and find that he was known to the police as a very bad and dangerous man, and had been arrested for a similar offense previously. Captain Kennedy of the Sixth precinct, says he had known him for some years previous, and that he was a very bad and dangerous man, having been arrested for a felonious assault and battery some four or five months previous to above offense, but for some reason he never was brought to trial." The above statement is now thoroughly impeached by the proof upon the trial, and an official certificate pre- sented to me, duly authenticated, from the native land of the convict, by which it appears that he left there with his passport for New York, in March, 1867. This feature of the case is adverted to as demonstrating the injustice that may be done by the representations of police officers lacking in character and conscience. The crime of which the prisoner was convicted was com- mitted with a weapon, the possession of which has preju- diced in my mind his application, I will not grant him the pardon he asks, but, in view of all the circumstances, I have determined to commute his sentence to imprisonment for twenty-five years, with the usual deduction for good behavior. If he continues to behave himself well, he will be entitled to his discharge on the 23d day of May, 1884. 314 Public Papers of Qovbrnob Glbvmland. March 4, 1884. Charles Wilhelm. Sentenced January 15, 1880; county, New York; crime, forgery, third degree; maximum term, five years ; prison. State Reformatory ; trans- ferred to Auburn January 19, 1880, as an "old convict." William Anspeke. Sentenced March 13, 1879 ; county. New York ; crime, forgery, third degree ; 'maximum term, five years ; prison. State Reformatory ; transferred to Auburn August 3, 1882, as "an incorrigible." Frank Leonard. Sentenced June 7, 1879; county, Tomp- kins ; crime, burglary and larceny ; maximum term, five years ; prison. State Reformatory ; transferred to Auburn October 30, 1882, as "an incorrigible." Henry Wilson, Sentenced April 21, 1879 ; county. New York ; crime, petit larceny from the person ; maximum term, fi've years ; prison. State Reformatory ; transferred to Auburn October 30, 1882, as "an incorrigible." James Watson. Sentenced October 19, 1881 ; county. New York ; crime, attempting to commit petit larceny from the person ; maximum term, two years and six months ; prison. State Reformatory ; transferred to Auburn January 8, 1883, on account of having been previously convicted. Wallace Bell. Sentenced, May 14, 1879 ; county. New York ; crime, grand larceny ; maximum term, five years ; prison. State Reformatory ; transferred to Auburn January 8, 1883, as " an incorrigible." These convicts having been originally sentenced to the New York State Reformatory, no limit was fixed by the courts to the term of their imprisonment. But by the pro- visions of the statute relating to this institution, such con- victs may be discharged by the managers, under certain conditions ; and, in case the discretion thus vested in the managers is not exercised, convicts committed to the reform- atory may be imprisoned therein for the longest term pro- vided by law as a punishment for the offense of which they were convicted. Public Papers of Oovebnob Cleveland. 315 Of course, the intention of the law was that persons con- victed of crime, whose youth, or freedom from criminal habits and associations, gave promise of reformation, should itot be classed and kept with old and hardened crinfinals, but should be committed to the reformatory, where they might receive instruction and encouragement, and that their discharge within the limit which the law had fixed for their crime should be dependent upon the progress they made towards reformation. But it is also provided that the managers of this institu- tion may, in certain cases, transfer prisoners to a State prison where, unless they are recalled to the reformatory, they are kept the balance of the longest term for which they might have been sentenced to prison. This I consider entirely wrong. If a convict is to be confined in a State prison, the criminal courts should fix his term ; and the descretion which may be, in such cases, exercised by the courts, should not be abridged nor vested in the managers of the reformatory. And, to add to this injustice and this anomalous method of administering the criminal law, it has thus far been held, I believe, that the provisions of the statute, relating to reduction of a prisoner's term for good conduct, does not apply to such convicts as are transferred from the reformatory to the prisons. The result is that an old offender, of previous bad char- acter, is frequently sent to prison by the court, for a term much less than the longest time allowed by law, and through good conduct in prison, can earn a considerable commutation of his sentence ; while a young man, con- victed of his first offense, with good character and respect- able surroundings, sent by the court to the reformatory. 316 Public Papers of Governor Cleveland. for imprisonment and reform, may be doomed by the managers of this institution to finish the longest term which' his offense permits, in the State prison, with no commuta- tion for the most exemplary conduct. The least that should be done for convicts transferred under, the present law from the reformatory to prison is to allow them, for good conduct in prison, the same commu- tation on the remainder of the term for which they might be confined, dating from the day of their transfer, that they would be entitled to if that was the beginning of an original sentence to prison. I think the statute in relation to commu- tations for good conduct in prison permits this. If it does not it ought to, and I am glad that I have the power, in any event, to rectify such wrongs, by the interposition of a special commutation. The conduct of the six convicts above mentioned, so trans- ferred from the New York State Reformatory to Auburn prison, is reported by the warden of the latter institution to be good. Making the deductions from their terms, which I believe them to have earned, all are now entitled to be discharged expept two, whose terms under the rule adopted, will respect- ively expire on the sixth and eighth days of the present month. I cannot now do what I regard full justice to all these convicts, but I have determined to approximate it as nearly as possible by commuting their terms to the eighth day of March, 1884, which is probably as early as the necessary documents can be perfected and forwarded. Public Papers of Governor Cleveland. 317 March 27, 1884. Edward Feeney. Sentenced December 27, 1880 ; county, Niagara ; crime, robbery, first degree ; term, ten years ; prison, Auburn. ► Sentence commuted to imprisonment in- Auburn prison for the term of five years, from December 28, 1880. This convict was charged with, and convicted of,' the crime" of robbery in the first degree, together with John Shine, and the circumstances of the offense and the degree of guilt were precisely similar in each case. On November 16, 1883, the sentence of Shine was commuted by me to imprison- ment for the term of five years, upon oral representations made to me by the district attorney who prosecuted the indictment, and upon the recommendation of the judge who passed the sentence and numerous other respectable citizens who were familiar with the circumstances of the offense. An application having been made for executive clemency, and in order, therefore, that equal justice may be done, I have determined to commute the sentence of this convict to a like term of five years, which, if his conduct continues good, will entitle him to be discharged July 27, 1884. April II, 1884. Angenette B. E. Haight. Sentenced Febru- ary 25, 1884; county, Madison; crime, murder in the first degree; term, , to be executed April 18, 1884. Sentence commuted to imprisonment in the Onondaga County Penitentiary for the term of her natural life. I have examined the facts in the case and have no doubt of the justice of her conviction. The sentence of death neces- sarily followed such conviction under the provisions of the criminal law. While there is naturally a feeling of repugnance against the execution of a woman, I am by no means satisfied that in 318 Public Papers of Governor Cleveland. the present condition of the law, which prescribes the punish- ment of death for murder in the first degree, females should be exempt from such punishment solely on account of their sex. But in this particular case, having made a full investi- gation of the condition of the condemned, I find that she is advanced in years, and a report of a medical examination, made by my direction, discloses that her bodily ailments and infirmities are such that it is quite likely that her life will not be of long duration in any event. I have determined, therefore, to commute her sentence of death to imprisonment for life. May I, 1884. Wallace L. Darbee. Sentenced May 8, 1879 ; county, Erie ; crime, rape ; term, twelve years ; prison, Auburn. Sentence commuted to four years, eleven months and nineteen days actual imprisonment, which will terminate May s, 1884. This convict, at the time of his conviction, was concededly in poor health. His long incarceration has aggravated the malady from which he was suffering, necessitating his removal to the hospital. The prison physician expresses the opinion that it is not unlikely that fatal results may soon be expected unless some change in his surroundings are given. It is on this, and the ground of the long sentence imposed, and which the district attorney himself, who prosecuted the indictment, deemed excessive, taking all the facts and sur- rounding circumstances into consideration ; and it further appearing to my satisfaction that all reformatory objects of the prisoner's punishment have been fully accomplished, I deem it my duty to interpose clemency in this case. Public Papers of Governor Cleveland. 319 May 3, 1884. John B. Griffin. Sentenced March 17, 1884 ; county, Dutchess ; crime, murder in the first degree ; term — , to be executed May 9, 1884. • Sentence commuted to imprisonment in Sing Sing prison for the term of his natural life. The condemned was, with two other parties, indicted for murder in the first degree. The homicide was committed by the means of a cartridge of dynamite, which was thrown through the window of a house in which were the deceased and several others. It is quite clear that the motive for the crime was a feeling of revenge towards one or more of the occupants of the house because of information which had been furnished of the commission of another offense by the parties indicted. Of the three. Griffin, the first one tried, was convicted of murder in the first degree. A day afterwards, and at the same court, one of the other indicted parties was tried, and upon the same evidence was con- victed of murder in the second degree and thereupon sentenced to imprisonment for life. The last of the three accused of the crime then pleaded guilty of murder in the second degree, and was also sentenced to imprisonment for life. There is not a particle of difference in the guilt of these three men. It is conceded that Griffin did not, with his own hand, throw the explosive into the house, but that it was done by one of his companions. This circumstance, while it does not palliate his participation in the crime, certainly does not aggravate it. The judge before whom the trial was had, and the district attorney who prosecuted the indictment, joined in advising me that, in their opinion, the same punish- ment should be meted out to all these convicted men. A large nuniber of citizens ask that the punishment of the only 320 Public Papers of Governor Cleveland. one of them sentenced to death be commuted to imprison- ment for Hfe. There is here presented a notable illustration of the infirmity of all human laws for the punishment of crime, and the necessary imperfection of their administration. The difference between life imprisonment and death as penalties for violated law is ifti measurable. And yet, on the same facts, the life of one criminal is forfeited by the verdict of a jury, and the next day another is spared by the same instrumentality. I consider this a case in which it is my clear duty to com- mute the sentence of death to imprisonment for life. May i6, 1884. Abraham Meyers. Sentenced April 19, 1877 ; county, Monroe ; crime, robbery in the first degree ; term, twenty years ; prison, Auburn. Sentence commuted to seven years and one month, actual imprisonment in Auburn prison, from April 21, 1877, which will end May 20, 1884. This convict has already served within a day or two a full term of eleven years, allowing the commutation, which he has earned for good conduct in prison, a term which, in the opinion of the district attorney who prosecuted the indictment, is amply sufficient for the offense committed. This ex-official says that he now believes the time has fully arrived for the release of this convict, and that he is enabled to say that the judge who pronounced the sentence had, previous to his decease, expressed the opinion that a con- siderable reduction of sentence should be allowed the prisoner. It is represented that the convict is advanced in years and in feeble health, and that further imprisonment, in his present condition, would result in unnecessary hard- Public Papers of Governor Glevelano. 321 ship. The convict has near relatives living in the west, who are both able and willing to provide him with a home for the remainder of his life, and to which he is to be removed upon his discharge from prison. In view of all the circum- stances, I am fully satisfied that the vindication of the law does not require this convict's longer imprisonment. May 20, 1884. Thomas Waldron. Sentenced March 31, 1883; county, Erie; crime, assault second degree; term, five years; prison. Auburn. Sentence commuted to one year and five months in Auburn prison, from April 3, 1883. This convict was convicted of an assault upon a young girl with an intent to ravish. He was a teacher in a school for boys in the city of Buffalo, and prior to his accusation had the esteem and confidence of all who knew him. It is claimed that he is innocent of any crime, and that the evidence produced against him was entirely untrustworthy, and affidavits have been presented to me tending to estab- lish the latter proposition. After an examination made under my direction, by an agent specially employed for that purpose, I am not satisfied that the convict is free from guilt ; but such examination has brought to light certain facts which the rules of evidence excluded upon the trial, but which I think are properly submitted upon this application. Upon a careful consideration of the testimony upon the trial and after giving due weight to the facts, which such subse- quent examination has developed, I am so impressed with doubt as to the convict's guilt of the crime for which he was sentenced, that I have determined to interpose in his behalf. I cannot grant the pardon asked for, because I am satisfied that he was guilty of indecent assault, or, as it is 21 322 Public Papers of Governor Cleveland. now termed in law, an assault in the third degree. If he had been convicted of this offense, he might, as a maximum punishment, have been imprisoned for the term of one year, or been sentenced to pay a fine of $500. The character of this offense, and the circumstances attending its commis- sion, are such as to render it difficult to avoid strong prejudices against the convict. But I conceive it to be an important duty of the executive to exercise clemency when he believes that justice has miscarried. And I apprehend, if his conscience is satisfied in a given case, that is all he needs to justify his conduct, since he alone is responsible for the proper use of this extensive and delicate power. This convict has been imprisoned more than a year. I have determined to commute his imprisonment to one year and five months. This, with continued good conduct on his part, in prison, will entitle him to a discharge on the 7th day of June, 1884. May 29, 1884. Don Child. Sentenced January 27, 1882; county. New York ; crime, false pretenses ; term, three years and $250 fine ; prison. Sing Sing. Sentence commuted to two years and four months actual imprisonment in Sing Sing prison, from January 28, 1882. It appearing to my satisfaction that the court in imposing sentence was misled as to the degree of guilt of the parties concerned in the commission of the offense, and in giving the convict the same sentence as was imposed upon his associates, on the theory that he was equally guilty, I have determined to relieve him of the fine which was imposed, in addition to his term of imprisonment, in order that his punishment shall be more in accordance with what seems to have been his degree of guilt. Public Papers of Oovernor Cleveland. 323 June 23, 1884. Thomas Boland. Sentenced December 5, 1879 ; county, xVew York ; crime, violation of the election law; term, two years ; prison, Sing Sing. * Sentence commuted to imprisonment in Sing Sing prison for the term of one year and six months from March 27, 1883. This convict was indicted with one Hall for a violation of the election laws, and upon conviction therefor was sen- tenced to the State's prison at Sing Sing for the term of two years. His co-defendant, Hall, on a like conviction before another judge, was sentenced to be imprisoned in the same prison for the term of one year and six months. They both entered upon their terms of imprisonment on the same day. By good conduct in prison they have both earned the reduction of sentence allowed by law, and Hall will be entitled to his release on the 26th day of June, 1884. .? An application was made to me some months ago for the pardon of Boland, based upon a previous good char- acter, and certain circumstances connected with the condition of the family, which appealed strongly to my sympathy ; and the judge who pronounced his sentence joined in said application. I could not see my way clear to grant the pardon asked for ; but I examined the cases with great care, and it must be acknowledged that there is not a particle of difference in the criminality of the two convicts. My conclusion was to commute the sentence of Boland to one year and six months, being the same term for which Hall was sentenced. This will entitle him to his release, if his conduct continues good, with Hall, on the 26th day of June, 1884. That date being now near at hand, I have forwarded to the prison the papers necessary to carry out this purpose. 334 Public Papers of Governor Cleveland. September II, 1884. Cornelius Driscoll. Sentenced Novem- ber 23, 1883; county, Albany; crime, assault first degree; term, two years; prison, Albany County Penitentiary. Sentence commuted to imprisonment in the Albany County Penitentiary for the term of one year, from November 26, 1883. The petition for the convict's release was presented by the president of the village and various other town and village officers. I am informed by the judge who sentenced him that he was the least aggressive of those concerned in the commis- sion of the offense, and he expresses the opinion that the appli- cation, in view of the condition of his wife and family, is enti- tled to generous consideration. His imprisonment has left his wife with no means of providing for a number of children but her labor, aided by public charity. My investigation of the case has led me to the conclusion that the ends of justice will be answered by a commutation of the sentence of this convict to one year. This, with continued good behavior on his part in prison, will entitle him to his discharge on the 2ist day of September, 1884. September 11, 1884. Charles Taschenbrecker. Sentenced February 14, 1881; county, Erie; crime, robbery; term, ten years; prison. Auburn. Sentence commuted to five years' imprisonment in Auburn prison, from February 16, 1881. This convict, with two others, was jointly indicted for rob- bery in the first degree. His companions offered to plead guilty to a lesser offense, which was accepted, and each received short sentences, which have long since expired. The court would have been willing to receive a similar plea from the convict, but his counsel refused to allow him to Public Papebs of Governor Cleveland. 325 plead guilty to such offense, and he was thereupon convicted of the crime charged in the indictment. It appearg to rpy satisfaction that the previous character of the convict has been good, and that he had been a hard working young man. It was also shown that he was no more guilty than his com- panions. The judge and district attorney unite in asking that his sentence be commuted, as a matter of justice, to a term of five years, and I am entirely satisfied that this should be done. If his conduct continues good, he will be entitled to a discharge September 15, 1884. September 15, 1884. Frank Jelly. Sentenced May 26, 1868; county, Chautauqua ; crime, arson, five indictments ; terms, seven, four, four, seven and seven years respectively ; prison, Auburn. Sentence commuted to twenty-six years and ten months imprisonment from June 2, 1868. At the time of his sentence the convict was quite young, and undeniably of weak intellect, easily influenced by bad associates and surroundings. It is now claimed that he is not guilty of all the charges to which he pleaded guilty, but I do not purpose to base my action in his case upon that allegation. He has been in prison more than sixteen years. His conduct during that time has been exceptionally good, and he has exhibited the most encouraging symptoms of con- trition and evinces a determination to improve himself in every way. His father is quite aged, and since his son's imprison- ment he has removed to the city of Chicago. His con- dition in life is such that instead of being able to care for his son, he needs the latter's assistance. 326 Public Papers of Governor Cleveland. My information has led me to believe with the judge who sentenced the convict, that " if a person could be found who would care for and influence him, he might be properly set at liberty." I have corresponded with a humane citizen of Chicago, whose standing is an abundant guaranty that his assur- ances will be carried out, who has agreed that if the convict is released and sent to that city he will provide him with employment and have a supervision over him I am so convinced that under this arrangement the convict will become a good and valuable citizen, that I have determined to commute his sentence to twenty-six years, and ten months. This with continued good conduct on his part, will entitle him to a discharge on the 26th day of the present month, prior to which time the plan for his care and employment above referred to can be perfected. December 16, 1884. Samuel Casper. Sentenced April 19, 1877; county, Monroe; crime, robbery in the first degree; term, fifteen years; prison, Auburn. Sentence commuted to twelve years, from April 21, 1877. The offense of which these prisoners were convicted was robbery. The circumstances attending the commission of the crime were such as well might arouse indignation, and I am not inclined to find fault with the verdict of robbery, though the evidence might better have supported the charge of lar- ceny from the person. The affidavits which . have been pre- sented to me, tending to show that the prisoners did not commit the crime, fail to satisfy me that any mistake was made in their conviction. But Brown, I am informed, is now more than sixty years of Public Papers of Qovmrnor Cleveland. 327 age, and Casper was, at the time of the commission of the offense a young man, undoubtedly led into the crime by his older companions, and concededly the least guilty of all. The conduct of the convicts in prison has been good. Abram Myers, who was sentenced at the same time for the same offense, was, by commutation of sentence, released from imprisonment a number of months ago. I cannot pardon these convicts ; but because their compan- ion has been released, and because I am satisfied that the ends of justice have been answered by the imprisonment already suffered, I have determined to commute the sentences of each to the term of twelve years. This, with continued good conduct on their part, will entitle them to be released on the 20th day of December, 1884. These reasons apply to the case of Herman Brown — the next commutation following. December 16, 1884. Herman Brown. Sentenced April 19, 1877 ; county, Monroe ; crime, robbery in the first degree ; term, eighteen years ; prison, Auburn. Sentence commuted to twelve years, from April 21, 1877. For reasons see case of Samuel Casper, next preceding. December 18, 1884. William A. Stone. Sentenced Feb- ruary 27, 1874; county, Madison; crime, arson in the first degree ; term, life ; prison, Auburn. Sentence commuted to seventeen years and six months' imprisonment in Auburn prison, from February 27, 1874. These convicts were sentenced to imprisonment for life upon a conviction of arson in the first degree, in the county of Madison. Stone was sentenced on the 27th day of Feb- 328 Public Papers of Governor Gleveland. ruary, 1874, and Woodford on the third day of March in the same year. The offense consisted in setting fire to an old shed, which communicated with adjoining buildings, causing the destruc- tion of a large amount of property, including a number of dwelling houses. The convicts were intelligent young men, respectably con- nected, and up to their arrest for the offense of which they were convicted, they had neither of them ever been sus- pected of crime. I am unable to gather from the evidence that any such motive existed in the minds of the convicts as usually leads to the perpetration of an offense of this character. , But it clearly appears that for some time prior to the arson, these parties had been much addicted to intoxicating liquor, and were a,lmost constantly together in shiftless drunkenness"". From a position of respectability, which entitled them to the esteem of all who knew them, they gradually sank to a condi- tion where their lives were aimless and useless. In this plight, it needed but the recklessness of intoxication to lead them thoughtlessly, and with no care for consequences, to commit the offense. I have never known a case where indulgence in drink was more completely and exclusively the cause of crime. The contrition and penitence of these convicts, and the rep- resentations of their reputable friends and neighbors, who, with an unanimity very unusual, ask for their release, and express their belief that if permitted they will again become reputable and useful citizens, together with my belief that the influence of good early training and surroundings will reassert itself, incline me to extend clemency to these prisoners. And this course is earnestly recommended by the judge who sen- tenced, and the district attorney who prosecuted them. Public Papers of Governor Cleveland. 329 I have determined to commute the sentence of each of the convicts to seventeen years and six months, which, with con- tinued good conduct, will terminate the imprisonment of Stone on the nth day of January, 1885, and of Woodford on the eighteenth day of the same month. This commutation is granted, however, upon the express condition that the convicts shall each, hereafter, entirely abstain from drinking intoxicating liquors, and in case said condition is violated, their sentences shall be restored and revived in full force and effect. These reasons apply to the case of Melvin D. Woodford — the next commutation following. December 18, 1884. Melvin D. Woodford. Sentenced March 3, 1874 ; county, Madison ; crime, arson in the first degree ; term, life ; prison, Auburn. Sentence commuted to seventeen years and six months' imprisonment in Auburn prison, from March 4, 1874. For reasons see case of William A. Stone, last preceeding. December 19, 1884. Patrick Nicholson. Sentenced October 23, 1868 ; county. New York ; crime, murder in the second degree ; term, life ; prison. Sing Sing. Sentence commuted to thirty years' imprisonment in Sing Sing prison, from October 27, 1868. This convict, under advice of counsel, pleaded guilty to the crime of murder in the second degree, and was sentenced October 23, 1868, in the Court of Oyer and Terminer, in the jcounty of New York, to imprisonment in State pfison for the term of his natural life. 'the prosecuting attorney, in a communication on file in 380 Public Papkrs of Oovernor Cleveland. this department, writes that it is not entirely certain that the prisoner would have been convicted of any higher crime than manslaughter in the third degree, had he stood trial and been properly defended. While this opinion of the prosecuting officer throws some doubt upon the justice of the conviction, yet, on this ground alone, I am unwilling to interpose clemency in his behalf. It is now urged, however, by the friends of the convict, that he is an old man ; that his long term of sixteen years already served, in addition to his concededly previous good character, together with his uniform good behavior in prison, and his services to the State in promoting discipline and quelling disturbance, entitle him to some consideration at the hands of the Executive. As to the claim of his having rendered important services to the State, I have before me a certificate from one of the principal officers of the prison, in which he says that the convict rendered important and special services in frustrating the attempt of certain desperate burglars to escape in 1875, and that he prevented a further escape in 1881, involving three professional criminals. He further states that the convict has often checked unruly impulses in his fellow- convicts, that he has always been found to be obedient, efficient and faithful in the trust reposed in him, that his influence has alwaj^s been exerted in the interest of good discipline, and that his record is without a single black mark. For the reasons above stated, I have determined to com- mute his sentence to the term of thirty years, with the usual allowance for good conduct, which, if his behavior con- tinues to meet the approval of the prison officers, will entitle him to be discharged December 22, 1886. Public Papbbs of Governor Cleveland. 331 December 20, 1884. Michael McCarthy. Sentenced Decem- ber 14, 1881 ; county, Montgomery ; crime, stoning a railroad train ; term, five years ; prison, Clinton. * Sentence commuted to four years' imprisonment in Clin- ton prison, from December 20, 1881. This prisoner, who appears to be friendless, makes his application from the prison, and sets out that he pur- chased a ticket to make a journey upon a railroad ; that when he got upon the train he was very much intoxi- cated, and so stupid that he did not know what he was about ; that upon his ticket being demanded, he, not under- standing what was wanted, refused to pay his fare, for which he was ejected from the train, and that at what he supposed to be an indignity, and in his anger at the conductor by whom he was ejected, threw a stone at the train. In answer to an official inquiry, the district attorney says that he is inclined to think that the sentence was about twice as long as it should have been, and that this was pretty generally the sentiment of those who heard the trial. , The judge, in his communication, states that though the convict had a ticket, he thinks he did not realize that he had it ; that probably the convict was not as bad as he supposed ; that his intoxicated condition led him into the commission of the crime ; that if he has shown due peni- tence and his conduct in prison has been good, law and justice will be satisfied with the punishment already imposed. In view of the above statements, the fact that he received the full penalty of five years for his offense, and^his good conduct in prison, as appears by the certificate of the warden, I am led to believe that justice will be fully 332 Public Papers of Govebnob Cleveland. answered by a commutation of the prisoner's sentence to four years, which, if his behavior continues to meet the approval of his keepers, will entitle him to be dis- charged at an early day. December 20, 1884. Anthony Mahn. Sentenced May 17, 1867 ; county. New York ; crime, murder in the second degree; term, life ; prison, Sing Sing. Sentence commuted to thirty years' imprisonment in Sing Sing prison, from May 18, 1867. At the time of his conviction he was quite young, only about nineteen years of age. The fatal act resulted from a street quarrel, in which were engaged several persons other than the convict and deceased. It is entirely clear that while the circumstances connected with the transaction do not furnish a justification for the convict's act, yet they do disclose such provocation as to present to my mind a mitigation of his offense. The district attorney who prosecuted the indictment writes : " The facts, in my judgment, present manslaughter in the third degree." It appears that deceased and convict had never met before, and the judge who imposed the sentence charged that the assault was not made with intent to cause de^-th. From the papers on file it appears that the prisoner's previous character was good, and that this was his first transgression of the law. The officers of the prison where convict has been confined certify that his conduct, at all times, has been most exemplary. In view of all the facts and circumstances surrounding Public Papers of Governor Cleveland. 333 this case, and of the opinion of the prosecuting officer, I have determined that the ends of justice will be fully answered by commuting the sentence of this convict to thirty years, with the usual allowance for good conduct, which, if his behavior continues to meet the approval of the officers of the prison, will entitle him to be discharged July 17, 1885. I January 3, 1885. James Lumbard. Sentenced October 22, 1875 ; county, Oneida ; crime, burglary in the first degree ; term, eighteen years; prison. Auburn. Sentence commuted to imprisonment in State prison for the term of fifteen years, from October 23, 1875. Other parties who were tried and sentenced for the same offense formed a gang of burglars who committed many crimes in the county of Oneida of great boldness. This convict resided in the city of Utica with his parents, who were respectable people, and, so far as known, his only rela- tions with these desperadoes consisted solely of a participa- tion in the offense of which he was convicted. Since his incarceration his conduct has been entirely satisfactory to the prison officials ; he certainly evinces peni- tence for his crime, and since he has been in prison his father has died, which seems to have confirmed his determ- ination to make amends, so far as he may be able, for the grief his criminal conduct has caused his family. The judge who sentenced him appears to think that clem- ency may be properly exercised in his case. But in the disposition of this case I am principally influ- enced by the application of many of the best people of the city of Utica, made on behalf of the convict. Some of these have heretofore remonstrated against any 334 Public Papers op Govbenob Cleveland. executive interference in the case of this convict ; but they riow come to me in person, as well as by letter and petition, and earnestly beg me to pardon this prisoner, expressing their belief that if released he will prove himself a repu- table member of society. I confess that I have been very reluctant to interfere with his sentence, but have determined to commute the same to the . term of fifteen years, which, with continued good behavior on the part of the convict, will entitle him to be discharged on the 22d day of March, 1885. January 5, 1885. James E. Kelly. Sentenced October 23, 1871; county, Erie; crime, murder in the first degree; term, , to be executed January 4, 1872; sentence commuted to imprisonment for the term of his natural life; prison, Auburn. Sentence commuted to imprisonment in State prison for the term of thirty years from January 6, 1872. I am entirely familiar with the facts of this case, having been sheriff of the county of Erie at the time of the commis- a sion of the offense and the convict s trial. He was a sailor, with very few friends or acquaintances, and usually quite, orderly and decent. In a frenzy, caused by intoxication, he stabbed a total stranger suddenly, and without provocation, overcome, apparently, by a blind and senseless delusion. He always has claimed that he had no knowledge of his crime until afterwards informed of its commission, and this is the general belief in the community where the offense was committed. He. pleaded no exemption from punishment, was free from bravado, and manfully accepted the consequences of his heinous act, with sincere sorrow and repentance. The commutation of his sentence to imprisonment for life was procured at the solicitation of the judge who sentenced Public Papsbs of Gov-ernob Cleveland. 335 him to death and the district attorney who prosecuted the indictment, and they both now strongly recommend that further clemency be extended to the convict. This is supple- mented by a petition signed by eleven of the twelve jurors who convicted him, and by a number of the best citizens of Buffalo who are familiar with the facts of the case. ' The prison officials, in unusually strong terms, commend his con- duct since his imprisonment, and the prison contractors for whom he has been employed, and by whom he has been trusted, in the heartiest manner plead in his behalf. With all this, I am not willing to pardon this convict. He should, however, be permitted to see in the future a day when his contrition, uncomplaining submission to punishment, and good behavior, may be deemed a sufficient atonement for his offense, and restore him to the world and liberty. I have, therefore, commuted his imprisonment from life to a term of thirty years, which, with continued good conduct on his part, will entitle him to be discharged March 5, i8go. January 5, 1885. Serephine Crevier. Sentenced October 20, 1871; county, Essex; crime, murder in the first degree; term, , to be executed November 28, 1871 ; sentence commuted to imprisonment for the term of his natural life; prison, Clinton. Sentence commuted to imprisonment in State prison for the term of thirty years, from December 5, 187 1. Previous to the homicide his character was good. This is abundantly established by the evidence upon the trial, and by the certificate of good citizens of Canada, where he was reared and his aged parents now reside, as well as many prominent people in the county of Essex, where he resided prior to the commission of the crime for which he was sentenced. * 336 Public Papers of Governor Cleveland. On the night of the homicide the prisoner was assaulted, thrown down and badly beaten. When free, he pursued his assailant with a knife. Being interrupted by one friendly to him, in his rage and fury, caused by the beating he had just received, and to relieve himself from the interruption of his friend, he cut him in such a manner that he died of his wounds. There is no doubt that at the time the fatal blow was struck the convict was somewhat intoxicated and in the heat of the greatest passion. He had no previous quarrel with the deceased, and all the facts appear to sustain the proposition that he struck without any design to effect death. He struck wildly, and apparently with no other intent than to free himself from what seemed to him an unjustifiable interference. The warden and other officers connected with the prison, since his incarceration, testify to his uniform good conduct and quiet and obedient behavior. He expresses such sorrow and penitence for his first and only crime as gives rise to the expectation that he will cer- tainly hereafter refrain from any violation of the law. The district attorney who prosecuted the indictment recommends that clemency be extended to the convict. It is also asked by a large number of respectable citizens who are acquainted with the facts of the case. While I am of the opinion that the jury might, with more justice, have convicted the prisoner of manslaughter, and while I believe there was a condition of public excitement surrounding the trial which operated against him, I hardly feel justified in acting upon such opinion and belief to the extent of now granting a pardon. The prisoner has already had extended to him executive Public Papers of Governor Cleveland. 337 clemency, by which his life has been saved. In such cases further interference should be sparingly exercised. But in this application, though not intending to overrule judicial proceedings resulting in his conviction of murder, I feel entirely willing to assume the responsibility of giving this convict a chance for restoration to liberty. His life sentence is therefore commuted to the term of thirty years, which, with continued good conduct on his part, will entitle him to be discharged February 4, 1890. 22 338 Public Papers of Oovbrnor Cleveland. COMPARATIVE STATEMENT, Showing the number of applications for Executive clemency j also the number of orders granted in each year, from 1865 to Jan- uary 6, 1885, inclusive, and the per centage to Applications and Convictions : GOVERNORS. u in Ho a S u '^ Og; 10 c u '> c U S " " c « c -a Gov. Fenton, 1865 . . 153 278 55 45 °53 •0033 Gov. Fenton, 1866 . . 194 452 42 38-334 .0050 Gov. Fenton, 1867 . . 142 440 32 41.046 .0034 Gov. Fenton, 1868 ,. 153 400 38 49-913 .0032 Gov. Hoffman, 1869. 108 298 36 52-925 .0020 Gov. Hoffman, 1870. 120 400 30 52-739 .0022 Gov. Hoffman, 1871. 118 344 34 60.577 .0019 Gov. Hoffman, 1872. 157 600 26 48.020 .0032 Gov. Dix, 1873 55 242 22 50.242 .0010 Gov. Dix, 1874 95 362 26 65-343 .0014 Gov. Tilden, 1875... 100 350 28 63.689 .0015 Gov. Tilden, 1876. . . 160 456 35 66.271 .0024 Gov. Robinson, 1877. III 380 29 56.27s .0019 Gov. Robinson, 1878. 174 402 43 64-754 .0026 Gov. Robinson, 1879. 211 492 42 64. 141 .0032 Gov. Cornell, 1880 .. 56 226 24 70.330 .0008 Gov. Cornell, 1881 . . 19 180 10 72.441 .0003 Gov. Cornell, 1882 . . 20 126 15 78.969 .0003 Gov. Cleveland, 1883. 57 290 19 72.323 .0007 Gov. Cleveland, 1884. 62 466 13 t75.ooo .0008 •*Gov. Cleveland, 1885. 8 •• • To January sixth. f Estimated. INDEX MISCELLANEOUS. PAGE. Acts of the Legislature not approved 175 Appendix, showing pardons and commutations of sentence '266 Appropriation bill, items not approved 167 Boundary line between New York and New Jersey : letter to Governor Abbett 158 joint letter to Congress 159 letter to Speaker Carlisle 160 Canal awards, not approved 161 Civil Service, rules of the 213 provisional rule of the : 248 amending classifications in the 250 Charges against Alexander V. Davidson, sheriff, etc.. 246, 249,251, 263 Charges against Orrin W. Sperry, Treasurer of Chautauqua county, 243, 245 In the Matter- of Patrick W. Norton 252 Letter to Anthony Comstock , 246 Memorandum filed with Assembly bill 49, conferring additional powers upon the Mayor of New York 80 Memorandum filed with Senate bill 296 — the General Street Railroad bill, 108 Memorandum filed with Assembly bill 466, relating to the Register of New York '. 162 Proclamation appointing a day of Thanksgiving ; : ; 249 Resignation of office 263 Supply bill, items not approved 168 MESSAGES. To the Legislature : annual ■ • 3 transmitting Report of Civil Service Commission 62 statement of pardons and commutations. ... 1.. .... ; 59. resigning . the office of Governor 263 To the Assembly : • . . relating to repairs, on armories . . / 74 relating to Register and- Surrogate of New York. Ii8 To the Senate : replying to inquiry concerning harbor-masters 62 340 Index. PARDONS AND COMMUTATIONS. vi.m. Tabulated comparative statement 338 Commutations. Anspeke, William 314 Bell, Wallace 3^4 Boland, Thomas 323 Brown, Herman ■. . 327 Casper, Samuel 326 Crevier, Serephine 335 Child, Don '. ^ 322 Darbee, Wallace L 318 DriscoU Cornelius 324 Feeney, Edward 317 Gilmartin, James 310 Griffin, John B 319 Haight, Angenette B. E 317 Jelly, Frank '. . 325 Kearns, Thomas 310 Kelly, James E 334 Leonard, Frank 314 Lumbard, James 333 Magaldo Donato 311 McCarthy, Michael 331 Mahn. Anthony 332 Meyers, Abraham 320 Nicholson, Patrick 329 Stone, William A , 327 Taschenbrecker, Charles 324 Watson, James 314 Waldron, Thomas 321 Wilhelm, Charles 314 Wilson, Henry . . . ; 314 Woodford, Melvin D 329 Pardons. Batting, Robert W 293 Bates, Charles C 299 Bellinger, Adam 267 Bowes, John 295 Blumenauer, William 289 Crager, George C , 273 Chestnut, Thomas 285 Crow, Elias N 283 Condon, Terrence 287 Index. 341 Pardons — {Continued). vhsv. Cody, John 290 Courtney, Horatio S i . . . 307 Donohue, John 282 Dunn, Joseph 274 Emmerline, William 280 Farley, Joseph P 305 Hay, Hehry L 269 Harrison, Henry H .♦. 271 Hoey, Mary, alias Wiggins, Lizzie Ellen 303 Joiies, Edward 280 Johnson, Charles 282 Larkin. James 290 Lewis, George 301 McGovem, William 294 Moran, John 1 274 Murphy, David 278 Munter, Frederick 285 Norton, Frederick 308 O'Brien, Daniel 302 Reese, Gerardus 284 Reilly, Thomas 295 Rudd. Charles H 288 Swenson, Peter 287 Skinner, Homer D 275 Totten, Harvey J 300 Tunney, Miles 292 Unger, Richard 292 Wall, Joseph P 297 Webster, Thomas A. R 267 White, Horace 277 Witherhead, George 295 Wiggins, Lizzie Ellen, alias Hoey, Mary 303 VETOES AND BILLS NOT APPROVED. Adulteration of food, amending act to prevent 201 Albany: amending charter of 88 amending charter of 209 assessments for paving in 196 Albany county, fixing compensation of Sheriff of 209 Amsterdam : to incorporate the city of 9° water-works, claims against 195 Assessment of property, equalizing the 197 342 Index. Vetoes and Bills not Approved — (Continued). paob. Baldwinsville, Union Free School District, to, borrow money go Banks, banking and trust companies, relative to i86 Batchellerville, First Presbyterian Church of, legalizing acts of 195 Benevolent and other societies, relating to incorporation of 98 Bennett, Edward L., claim against Binghamton 94 Bethpage Cemetery in Oyster Bay, relative to 210 Binghamton, claim of E. L. Bennett against 94 Brooklyn, providing for an additional justice of the peace in 207 " Bucket shops" 179 Buffalo, amending charter of 192 Canal awards, not approved 161 Canal business, administration of oaths in 203 Carthage, village of, to amend charter of 135 Cattaraugus, county, exempting railroads from payment of school tax. . 184 Chautauqua Lake, obstructions in 184 Chenango canal extension, claims for damages by the 208 Cigarettes, to prevent sale of, to children .■ 196 Code Criminal Procedure, amending §22, 180; §49, 180; S 579. 180 §580, 180; §792, 181 Code Civil Procedure, amending §528, 180; § 191, 181; §97, 181; §757, 182 §791,182; §831,182; §1217, 182; §1325,183; §2231, 183 §2722, 183; §2802, 183; §2837, 183; §2793, 183; §2910, 183 §3024, 183; §2879, 184; §315, 204; §316, 204 Cohoes water supply, relative to ,.-.., 212 Congdon, Benj. F., claim of , ,. . 197 Corporation tax law, amending 184 Corporations : amending act for relief of 202 amending act for organization of 202 to extend their existence : ; 191 County treasurers, relating to 78 Costello, Thomas M., State Board to hear claim of 212 Curtis, Charles M., " " " " " 212 Danforth, village of, to contract for water supply 194 Denmark, supervisor of, to convey lands 194 Disturbances of a religious meeting, defining 137 Erie county, additional notaries public in 184 Escheat : ... Dennison, J. Stewart 204 Marvin, Harriet N 196 Schroeder, Robert 204 Essex county, repairs of highways in 187 Featherstone, Thomas, State Board to. hear claim of 208 Flatbush, licensing vehicles, etc iqg Index. 343 Vetoes and Bills not Approved — (Continued), pasb. Forest commission, to create a ig8 Game, relative to preservation of (two bills) ,.. . . 184 G. A. R., to prevent persons wearing tlie badge of 196 Genesee Camp Ground Association, amending incorporation act of . . . . 96 Geneva, relating to village of 193 Glenville, authorizing purchase of a bridge at 191 Highways : weeds and brush in 184 to prevent obstruction of, by snow ig6 Horse-car drivers and conductors, regulating hours of labor of 197 Illegitimate children, amending law relative to inheritance by 213 Indian River, relative to overflowed lands adjoining the 203 Ithaca, relative to school system of 193 Kings county, relative to gas-light companies in 207 Lawlor, Thomas J. , State Board to hear claim of 1 . 208 Life insurance, defense of suicide 187 Lysander and Van Buren, union school district in 194 Manufacturing corporations, amending act authorizing 106 Marvin, Harriet N. , releasing lands to 196 Mechanics' liens, relative to 213 Middletown, to raise money for village hall 141 Montezuma, amending charter of 193 Mutual insurance companies, relative to 186 Newark: amending charter of 210 canal bridge at 188 Newburgh, amending charter of 188 New Lots, annexing to Brooklyn 198 N. G., S.N. Y.. 23d regiment, incorporating uniformed veterans of ig6 71st regiment, incorporating veteran association of ig6 organizing the veteran reserve of 199 New York City: additional aqueduct commissioner 206 Bailey, Robert T. . claim of 178 BarthoMi Statue Fund, contribution to 177 Bleakely, Mary E. , claim of 179 board of health 205 Broadway Underground Railway Company, extending privileges of, 121 building law, amending ; 205 city court, increasing jurisdiction of 204 colored orphans, to change name of the association for the benefit of 75 compensation of late captain of port and harbor-masters 142 consolidation act, amending 205 344 Index. Vetoes and Bills not Approved — (Continued). page. New York Ciiy : district courts, to increase jurisdiction of I34 extending pier in North river 207 Fifth avenue, repavement of I79 fire department, claims of George Nunn and W. H. Wilson 178 hospital, additional 176 Morris avenue I77 park-lceepers 175 permanent exterior street in 177 Piser, Isaac, relief of 178 places of amusement in 176 police force, addition to '. . . 177 railroads in or under parks 65 repealing certain acts relative to 206 Safety Elevator Insurance Company, to incorporate 201 sinking fund, to improve condition of 176 State Loan and Trust Company, to incorporate 185 tenure of office and three-headed park commission 206 Transit Company, formation of 192 Northfield, road commissioner in 188 Oneida, to change the name of the Spring Supply Water Company . . 67 Orange county, reference law library, appropriation for. 105 Orleans county, supervisors to audit claims 133 Oswego, water supply, relative to 189 Phoenix, amending charter of 211 Poor-laws, Secretary of State to compile and publish 211 Prison Labor Commission •. 67 Public printing, to provide for and define 208 Pultney, exempting town of, from laws relating to highways 187 Railroad corporations : formation of 185 in foreign countries, amending act authorizing 186 Railroad Commissioners, defining duties of 185 Reference law library. Orange county, appropriation for 105 Rensselaer county, fixing compensation of sheriff of 203 Richmond county, establishing board of assessors in 203 Rochester, relating to bridge-tenders in 103 Safety Fund Mutual Insurance Company, amending charter of 209 Salisbury and Manheim Plank-Road Company, renewing charter of, 195 Saratoga Springs : amending charter of 200 board of health of 187 fire department of 190 disposal of sewage in igi Index. 345 Vetoes and Bills not Approved — {Continued). paob. Schoellkoph, Jacob F. , award in favor of i6i Simson, John, award in favor of i6i Shore Inspector, creating an additiorial 212 Skaneateles, amending charter of 76 Social societies, relative to 201 Soldiers and sailors, to provide certificates for 198 Spencerport, canal waste-gates at i8g Spring Supply Water Company of Oneida, to Change name of 67 St. Paul's M. E. Church, Onondaga Valley, legalizing title to lands of, 188 Supervisors, compensation of, in certain counties 203 Surrogates' Courts, regulating appeals from 197 Syracuse : fire department, relative to • 187 Water Company, to supply villages 189 Troy : excise laws in 190 police force of 139 certain streets in 100 Town insurance companies, formation of 186 Town meetings, to vote taxes 194 Ulster county, supervisors to issue bonds 60 Utica, relative to water supply 189 Venice Town Insurance Company, to change place of business 89 Watervliet, reducing police force in 190 Westchester, town of, to borrow money loi Yard, Wesley S., relief of 179 Yates County Agricultural Society, to sell real estate 192 23