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COMPLli^'ENTS OF
State ok New York. ///( PUBLIC PAPERS
RoswELL P. Flower
GOVERNOR.
1893.
ALBANY:
THE ARGUS COMPANY, PRINTERS, 1894.
A-c,7
2_( 0
Public Papers
GOVERNOR FLOWER.
ANNUAL MESSAGE.
State of IvTew York.
Executive Chamber,
Albany, January 3, 1893. To THE Legislature :
So numerous and varied are the interests of our great State that each year brings new demands for legislation. The present year forms no exception. While the State is in an unusually prosperous con- dition, and no very great public questions present themselves for legislative solution, there are numerous matters in whose proper settlement the people are interested and whose wise disposition will promote, the welfare and prosperity of our citizens. We, as tkeir public servants, should be watchful of their interests and conduct the business of government with the same fidelity and zeal which we would exhibit toward our private affairs.
It has been my pleasure during the recess of the Legislature to more intimately acquaint myself with the workings of the various departments and bureaus
4 PUBLIC PAPERS OF GOVERNOR FLOWER.
of the State govern-ment, and the recommendations which will be laid before you in this communication are based largely upon the impressions obtained by these personal visits and inspections. I have visited and inspected all the State prisons and reformatories, all the State hospitals except two, part of the custodial asylums, some of the normal schools, the State Meteorological Station at Cornell University, of which the Executive is an ex-officio member of the board of trustees, the Niagara Reservation, the Adirondack Preserve, the fish hatcheries and the oyster beds, the Erie and Champlain canals, the State Camp at Peeks- kill, the Rifle Range at Creedmoor, the Quarantine Station on Staten Island, the State Fair at Syracuse, and other local centers of State activity in one form or another. I take pleasure in testifying publicly to the efficiency and honesty with which, as a rule, all of these State interests are administered, and such suggestions as I have to make are made with the. view of improvement rather than in any spirit of captious criticism.
State Finances. The financial condition of the State is very satis- factory. There is practically no State debt. The only outstanding obligations are virtually already provided for. They consist of $150,000 balance of canal debt, which matures next October, and for the liquidation of which there is now sufficient money in the Canal Fund; and of $300,000 Niagara Reservation bonds, the last of which do not mature until 1895, but all of which can be paid at any time from surplus
PUBLIC PAPERS OF GOVERNOR FLOWER. 5
moneys now in the treasury, witli the proper legis- lative authority. The following table shows the financial operations of the treasury during the last fiscal year :
Cash in treasury to credit of General Fund,
October i, 1891 $S, 231, 270 46
Receipts from all sources during the fiscal
year ending September 30, 1892 6, 553, 993 16
Total $11, 785, 263 62
Payments from General Fund during fiscal year ending September 30, 1892 10, 083, 776 60
Balance in treasury October i, 1892. . . $1, 701, 487 02
Considering that no tax was laid during the last fiscal year for general purposes of government, this is a particularly gratifying showing.
The principal sources of indirect revenue were from the inheritance tax and the franchise and organi- zation taxes on corporations. The former yielded $1,786,218.47, or more than twice as much was yielded during the preceding year. This marked increase is owing to the fact that there was passed last year by the Legislature and approved by the Executive an act which placed in the hands of the Comptroller an appropriation of $25,000 for examining records of surrogates' offices with a view to collecting delinquent taxes. The Comptroller has performed his work well, as the large increase in receipts from this source shows.
There was also an increase in the receipts from the franchise and organization tax on corporations, the
6 P UBLIC PAPERS VF GO VERNOR FLO WER.
revenues from this source reaching $1,696,960.99, or
$161,085.88 in excess of the revenues of the preceding
year.
Taxation.
The subject of taxation is likely to occupy consider- able attention of the Legislature during the coming session, and no subject is worthier of your profound and disinterested consideration. The Legislature, at its last session, appointed a joint committee of Senate and Assembly to investigate present methods of taxa- tion and to suggest needed reforms, and also by another provision authorized the Governor to designate two persons to examine the tax laws of other States and to report proposed legislation relating to the assess- ment and collection of taxes. The efforts of these two agencies should accomplish some practical g«)od, and until their reports are submitted to the Legislature I refrain from making any specific recommendations as to desired changes in existing laws.
As regards the alleged disparity of tax burdens borne by personal property and real estate, however, it would be interesting if the legislative committee on taxation could take testimony upon the effect of chapter 202 of the laws of last year, which was designed to prevent evasion of taxation on personal property. Either through faulty assessments or the opportunity which the laws formerly afforded for "swearing off" by allowing deductions in the assessment of personal property for all "just debts," it is believed that many millions of dollars' worth of personal property has escaped taxation altogether. Indeed, although the
PUBLIC PAPERS OF GOVERNOR FLOWER. "J
State has been increasing in wealth at a tremendous rate during the last twenty years, the actual assessed valuation of personal property was less in 1891 than in 1871 by more than $70,000,000. The statute of 1892 alluded to, prohibits the deduction from assessment of personal property of (i) debts for the purchase of non- taxable property ; (2) debts on account of indirect liability as surety, guarantor, indorser or otherwise ; and (3) debts contracted for the purpose of evading taxation. This prohibition would seem to be rigid enough to prevent personal property from escaping taxation through any lack of verbiage in the statute, as it has in the past. While the law imposes equal burdens on real estate and personal property, and faulty administration or defective phraseology permits personal property to shirk its share of the burden, it is not strange that owners of real estate protest against this inequality and suggest radical remedies. The legislation of last year ought to tend to equalize these burdens, and a thorough inquiry into its actual work- ings would furnish valuable information for future legislative guidance.
The Buffalo Strike.
[ The peace and good order of the State were threat-' ened in August last by lawless demonstrations during the strike of railroad switchmen at Buffalo. The existence of a labor controversy incited evil-disposed persons to destroy property and endanger human lives. The sheriff of Erie county was unable to quell the disturbance and called upon the commanding
8 PUBLIC PAPERS OF GOVERNOR FLOWER.
officer of the Fourth Brigade to order out two regi- ments to assist him in protecting property and preserving the peace. This demand of the sheriff was supplemented by the requisition of a judge of the Supreme Court in that department, and on the morn- ing of August seventeenth the entire brigade, with the exception of the Forty-seventh Separate Company, was on the scene of the disturbance in active service. Up to this time there had been no call upon the Governor for military assistance. The sheriff had refused to request aid from the Commander-in-Chief until he was satisfied that the troops already on the ground were insufficient to preserve order. Under this condition of things, believing that their property was still in danger and that the local troops were not sufficient to prevent, violence and lawless inter- ference with the moving trains,, the representatives of the various railroads united in a dispatch to me, describing the situation as critical and urging the sending of more soldiers, in spite of the refusal of the sheriff to request them. I replied promptly that the Executive was justified in ordering out the National Guard for the suppression of riots only when the local civil authorities confessed their inability to quell the disturbance and requested assistance from State authorities ; and in the absence of such a request I must refuse to order out any portion of the militia. Early on the morning of August eighteenth I received the following dispatch:
PUBLIC PAPERS OF GOVERNOR FLOWER. 9
Buffalo, August i8, 1892. Hon. ROSWELL P. Flower, Governor, Executive Mansion, Albany, N. Y. .•
We have become satisfied that the situation here in Buffalo, under the pending strike, has become so serious that we ask that the National Guard of the State be called out to protect the lives and property of citizens of this city and county.
AUGUST BECK,
S/ieriff. CHAS. F. BISHOP,
Maj/or.
Upon the receipt of this request, orders were at once issued to the Adjutant-General, and portions of the First, Second and Third brigades, mustering in all 5,233 men, were at Buffalo within forty-eight hours from the issuance of the orders. The Forty- seventh Separate Company, of Hornellsville, joined the other troops on August twenty-first, making the entire force of militia on the ground, including those of the Fourth Brigade, called out upon request of the sheriff and judge of the Supreme Court, to number 7,196 men. The presence of this large mili- tary force prevented further violence and restored civil order. On August twenty-fifth, twenty-sixth and twenty-seventh the troops were withdrawn and there has been no disturbance since.
I have stated the facts relating to the calling out of the militia in order that the. Legislature may have before it the necessary information to guide it in providing for the unusual expense thus incurred, should it be considered wise to relieve the county of
lO PUBLIC PAPERS OP GOVERNOR FLOWER,
Erie from paying the total cost, as the Attorney- General decides it must do under the statute. Up to November thirtieth, the total expenditure caused was $192,647.30. This has been paid with money advanced by the Comptroller, who, I am informed, has sought to be reimbursed by the supervisors of Erie county. The complete amount will probably be a few thousands of dollars in excess of this figure.
Although regretting the necessity which required the service of the militia, every citizen must feel proud of the alacrity and soldierly spirit with which the National Guard responded to the call of duty. It was a splendid demonstration of the strength and efficiency of the citizen soldiery. It was made espe- cially manifest, however, that the equipment of the guard is very deficient, and provision should be made at once to supply the lack. The Adjutant-General estimates that the equipment can be completed for $100,000, and I recommend that half of the amount be appropriated for this purpose at the present session.
It is a deplorable fact that the controversy at Buffalo between railroad corporations and their employes should have led to bloodshed and destruc- tion of property. Such a result, brought about by the vicious elements of the community, could not help but prejudice the cause of the employees, for it necessitated the presence of military troops, which have no place in settling labor difficulties. Employees have the right to strike and peaceably persuade others to join them, and in their earnest and lawful
PUBLIC PAPERS OF GO VERNOR FLO WeR. 1 1
efforts to benefit their condition they may always feel sure that public sympathy is with them and against selfish corporations. But every citizen and corporation, every employee and employer, must observe and respect the authority of law and gov- ernment. So long as they keep within the law, State government will leave them to settle their own disputes. But law must be observed, persons and property must be protected, and the lawful use of property by its owners must not be interfered with. These are the ends for which the State primarily exists. For the maintenance of these ends every dollar of the State's money, the life and services of every member of the National Guard, and the sup- port of every law-abiding citizen are pledged.
It should be the aim of the law-making body to see that our laws confer equal privileges. It is not right that powers should be granted to corporations to oppress either their employees or the people. What- ever can be wisely done by legislation to guarantee equal rights to all should be done. But law will not accomplish everything. , Corporations will learn by costly experience that even from the selfish point of view it pays to be considerate of the welfare of their employees. No men or corporation can stop the march of civilization. Shorter hours of labor, better wages and the opportunity which these give for education and enjoyment, are natural human aspirations. They should be treated as such in a friendly Christian spirit, not repelled with arrogant manner or impatient con- sideration. Honest recognition by corporations of
12 PUBLIC PAPERS OF GOVERNOR FLOWER.
just demands from employees will solve many, a,' labor difficulty and prevent many an opportunity for lawless strife and civil disorder.
The Interests of Labor.
The Factory Act, approved by me last year, gave tbe State the most effective and most sweeping law in the Union relating to the inspection of factories. Its provisions apply to manufacturing establishments and the hours of employment of women under twenty- one and boys under eighteen years of age, prohibit the employment therein of children under fourteen, and also of children under sixteen who are unable to read and write simple sentences in the English language ; authorize the inspectors to require that elevators, machinery, vats, pans, etc., shall be properly guarded ; that fire-escapes shall be provided where necessary ; that women shall have proper retiring and toilet facilities where they are employed in workshops ; that exhaust fans to carry off dust shall be attached to emery wheels and grindstones ; that workshops shall not be overcrowded, and shall be properly cleaned and ventilated, and that factory buildings which may be deemed unsafe shall be condemned. The act embodies various other requirements of importance, relating chiefly to the manufacture of certain specified articles of clothing, etc., in tenement-houses.
The factory inspectors are also required to enforce the provisions of chapter 388 of the Laws of 1890, commonly called the "Weekly Payment Law," and
PUBLIC PAPERS OF GOVERNOR FLOWER. 1 3
of ch-aj)ter 934 of th'e Laws of 1 871, 'known as the " Apprenticeship Law."
To enumerate in detail all the benefits which have followed the enactment of the Factory Law, as it has been amended from time to time, is unnecessary here.. However, as preliminary to the recommendation I pro- pose to make, I may state that the number of children under sixteen years of age employed in workshops and factories has decreased from no in each thousand employees in 1866 to forty -one in each thousand in 1892, thus giving employment to about seven per cent, more adults, and at the same time materially increasing the ratio of school attendants. The employ- ment of children under fourteen in factories is almost entirely abolished. The hours of labor, which were sixty-six per week in the textile and other industries previous to the passage of the law, have been reduced to sixty per week. About 4,000 fire-escapes have been erected on dangerous buildings through the orders of the inspectors, and many lives have indisputably been saved in consequence. Machines and elevators have been guarded to the extent of the protection of thousands of lives more. The sanitary conditions of hundreds of factories have been improved.
The staff of factory inspectors was none too large for the accomplishment of these results, but additional legislation last year, to reach what is known as the " sweating " system, has imposed new duties and made necessary an increase in the number of inspectors if the work is to be thoroughly done.
14 PUBLIC PAPERS OF GOVERNOR FLOWER.
This additional legislation aimed to regulate the manufacture of clothing in dwelling and tenement- houses, and in buildings in the rear of tenements. A system had grown up .debasing in its effects upon those who labored in these places — debauching their morals, depressing their wages to the starvation point, and requiring them to work from fifteen to twenty hours a day in stifling, foul and over-crowded rooms, at the peril of their own health and the health of the community, for from these pestilential places the germs of disease could find easy transmission through the garments manufactured. The law was a new one, modeled upon none that had been enacted anjrwhere before. There are about 60,000 people engaged in the clothing trade in New York city. Two-thirds of these work in tenement-houses, or in shops in the rear of tenement-houses. The rooms in tenements are used both for domestic and manufacturing purposes, and the workmen are usually boarders of the head of the family. As many as possible are crowded into these places. When the day's labor ceases the work-rooms become bed-rooms, the clothing worked upon is used for mattresses and bed covering. Very little regard is paid to cleanliness or decency. While landlords are the most outspoken in their denunciations of the filth and degradation which prevail, they plead that nothing can be done to improve such people, and that we should permit this state of affairs to continue, because if the law is enforced they will lose paying tenants. The manufacturers, or, in other words, those who own the raw material from which the clothing
P UBLIC PAPERS OF GO VERNOR FLO WER. I S
is made, also decry the people who make up the garments and say that they are past and beyond improvement by the operation of law. Yet the manu- facturers are not entirely blameless. Instead of providing workshops for the people who make up their wares, they farm out the work to a contractor at so much a piece. This contractor in turn sublets the work to another contractor, or to a man with a family who can "take in boarders," and the work is then made up on the "team" system, z. e., one part of the garment is given to one operator, another part to another operator, and so on. By the time the work reaches the " team " operator the price for making the garment is so low that the workman can make a bare subsistance only by long stretches of unceasing labor, and the middleman takes advantage of every inch of space and of the workman's ignorance. For defective work, or work that is alleged to be defective, there is a heavy fine, and the net result is what has already been described.
The present law does not go far enough to remedy all the evils which have grown up under this system. If the manufacturer escapes the responsibility and expense of running a factory, he should be compelled to keep a register of those who are making up his goods, and no person should be given work who could not produce a certificate from an inspector stating that he occupied healthy and suitable quarters for the purpose of manufacturing. This would be a proper amendment to the present law, and the import-
l6 PUBLIC PAPERS OF GOVERNOR FLOWER.
ance of the subject, it seems to me, warrants its careful consideration.
There is especial need, however, for such change in the law as will provide for more inspectors. The law now authorizes the appointment of eighteen. This is about one to 2,700 factories. Massachusetts has one to 770 factories ; Ohio, one to 850-; and New Jersey, one to 870. If the laws are to be rigidly enforced a sufficient number of inspectors must be provided.
Common School Education.
The number of children of school age during the year 1892 was 1,845,519. The number attending the public schools was 1,073,093, leaving 772,426 children to be educated in private or parochial schools, or without instruction in any schools. The total amount expended for public schools during the year was $21,134,516 — an increase of $865,398 over the preced- ing year. If the ratio of public school children to the whole number of children of school age con- tinues to decrease it will not be long before half the latter are educated at private expense or are not educated at all. It is well known that thousands of children in the State are growing up without any school education whatever, and I renew my recom- mendation of last year for a carefully guarded com- pulsory education law. Such legislation is only justified as an extreme measure of protection to the State and to society, and its provisions should recog- nize and respect, so far as is consistent with its
PUBLIC PAPERS OF GOVERNOR FLOWER. 1/
main purpose, the principle of personal liberty and unnecessary interference with the rights of citizens.
Improvement of the Canals.- The tonnage of the canals during the season of 1892 was 281,477 tons less than for the season of 1891. The total tonnage was 4,281,995 tons, comprising the following classes of freight :
Tons.
Products of the forest i, 249, 381
Products of agriculture i, 038, 85 1
Products of manufactures 125, 781
Merchandise 292, 468
All other articles i, 575, S 14
Total 4, 281, 995
The decrease in tonnage is attributed to the fact that the railways have advanced their equipment to such a degree that they are able to transport freight as cheaply as the canals. About the only canal boatmen who can now compete with the railroads are the few who have steam canal boats and tow from three to five boats with them 'each trip.
The great problem for the canal interests to solve, in my judgment, is that of more rapid transit. The maximum speed that the canals will stand is about four miles an hour, but the average speed attained now is only about two miles an hour. The doubling of the rate of speed would enable each boat to make twice as many trips in a season, double its earnings, and largely increase the total canal tonnage. With this improvement and without further enlargement the capacity of the Erie canal could be increased
1 8 PUBLIC PAPERS OF GOVERNOR FLOWER.
four times the amount of the present annual ton- nage. In a letter to the recent canal convention at Buffalo I suggested whether the use of electricity as a motive power would not accomplish the much desired purpose of more rapid transit. Ample water power for the generation of electricity is accessible along the line of the Erie canal and could be util- ized without great expense. The fall of water between Buffalo and Albany being 569 feet the waste water at the locks is ample to furnish the power to propel the boats by electricity. The State, however, should own and control the electric plant and charge boatmen a price, sufficient to pay the cost, for the use of the power. This price ought not to exceed sixty cents a day to each boatman, and would be much cheaper than three or four horses or mules upon which he now depends, and consequently would enable him to make greater profits in his occupation. It would seem as if mechanical skill could devise a method for the application of electricity to canal boat propulsion which would be both economical and- effective. The effort has in it so much of promise for the prosperity of the canals that I regard it worthy of the careful consideration of the Legislature, and I recommend that proper provision be made by law to encourage and facilitate experiments in this direction under the supervision of the Superintendent of Public Works.
A personal inspection of both the Erie and Cham- plain canals during the year satisfied me that the canal management is honest, prudent and efficient.
PUBLIC PAPERS OF GOVERNOR FLOWER. I9
The expense of maintenance during the last year "was the lowest since 1886.
Improvements are needed to increase the usefulness of the canal system, but I reiterate the opinion which I expressed in an official communication last spring, that too great liberality in canal appropriations will react against the very interests they are expected to subserve. Careful examination, with the State Engi- neer and Superintendent of Public Works, of the work now needed, satisfied me that a large appropriation will not be required this year to maintain the canal system in a proper state of efficiency and make necessary improvements. The required dredging of the Champlain canal will, not demand a larger expenditure than $50,000 for the present year. The expense of repairing the Schoharie creek aqueduct should not exceed $25,000 ; that of the upper Mohawk aqueduct $20,000, and that of the lower Mohawk aqueduct $25,000. These improvements are, however, imperatively needed and should not be delayed. The Erie basin at Buffalo should be deepened so as to give the canals the same facilities at this terminal point that the railroads have. As regards enlarge- ment of locks and increasing the depth, of the Erie canal I refer the Legislature to the very practical suggestions relating thereto in the report of the Superintendent of Public Works.
I renew the recommendations made to the Legis- lature last spring that all appropriations for canal purposes be included in a single bill.
20 public papers of governor flower.
The World's Fair. The energy and intelligence which have been dis- played by the State's World's Fair Commissioners give assurance that New York will be foremost in the representation of exhibits at the exhibition which opens in March next. The New York State building— an exceedingly creditable structure — was formally dedi- cated on October twenty-second. The report of the New York commissioners, which will be subsequently transmitted to the Legislature, shows the efforts that have been made to secure a particularly fine repre- sentation of the State's resources. It is reasonable to expect from the steps already taken that every New Yorker will feel a sense of pride in his State's exhibit. While the present appropriation has been all that could well be expended during the year, the com- missioners will need an additional appropriation of $300,000 to complete their work properly, and that amount of appropriation is herewith recommended.
Agricultural Interests.
It has long been the policy of the State to give legitimate encouragement to agriculture by the enact- ment of wise laws and the appropriation of public money. Such legislation, it will be conceded, should be carefully drafted, with the sole view of subserving a public purpose. One-fourth of the population of the State is directly dependent upon agriculture as a means 'of support, and the remaining three-fourths are vitally interested in its prosperity. Whatever can wisely be done by legislation to promote this pros-
PUBLIC PAPERS OF GOVERNOR FLOWER. 21
perity will meet the approval of the whole people. In ten years upwards of a million dollars have been appropriated for agricultural purposes. A State experi- ment station has been established to encourage scien- tific and economical methods of farming ; a State dairy commission has been created to prevent deception in dairy products and to encourage dairy farming ; a meteorological bureau has been established to issue periodic bulletins of crop and weather reports ; appro- priations have been given to State and local fairs, to farmers' institutes and for the prevention of conta- gious diseases among cattle.
The people will not begrudge this large expenditure and liberal State aid if the results are sufficiently commensurate to the outlay. The present tendency, however, of agricultural legislation seems to be marked by somewhat spasmodic and often misdirected efforts. It has become pretty much a matter of legis- lative log-rolling. There is exhibited no well-defined or practical policy. Legislative energy and disposi- tion are not concentrated so as to produce the best results. At the last legislative session $279,000 was appropriated in different measures for agricultural pur- poses, and the mere statement of the several objects of expenditure indicates the random and hetero- geneous character of the legislation, viz., $20,000 to the New York Agricultural Society for premiums at the State Fair ; $20,000 to the same society for distribution to county agricultural societies and to the American Institute for premiums ; $8,000 each to the New York and New England Agricultural Society, the Western
22 PUBLIC PAPERS OF GOVERNOR FLOWER.
New York Agricultural Society and the Inter-State Fair; $40,000 to the State Agricultural Experiment Station at Geneva; $18,500 additional to this station for various purposes ; $95,000 to the Dairy Commis- sioner; $5, 000 additional to the Dairy Commissioner for the employment of experts ; $4,500 for the State Meteorological Bureau; $15,000 for the maintenance of farmers' institutes under the direction of the State Agricultural Society; $5,000 for promoting and extend- ing dairy knowledge and science, to be expended under the direction of the State Dairymen's Associa- tion, and $32,443.95 to the State Agricultural Society out of the receipts from racing associations.
1 think it will occur to most persons that greater economy in administration and more practical results might be attained with the same or less expenditure of money by the creation of a bureau of agriculture, which should possess and discharge the functions now distributed among various officers or irresponible organizations. The annual cost of all the constitu- tional departments of State government is not so great as the sum of last year's appropriation^ for the miscellaneous legislative agencies created for promot- ing agriculture.
The establishment of a comprehensive bureau of agriculture, consolidating under one executive head the various bureaus and agencies now existing, would enable the State to adopt and carry out a definite and intelligent policy of agricultural encouragement. In refusing to approve a bill last year to appropriate
PUBLIC PAPERS OF GOVERNOR FLOWER. 23
$100,000 for premiums at agricultural fairs I took occasion to say :
" My own observation and experience have convinced me that the most practical kind of relief which can be offered to the agricultural communities of the State is that which, recognizing the changed conditions prevailing now and created by the opening up of an immense farming territory in the west, endeavors to discourage our farmers from the vain attempt to compete with their western rivals in the production of wheat and corn and other cereals, and stimulates them to new lines of agricultural effort more suited to existing conditions and to present demands. The rapid increase of population in the towns and cities of the State is of direct benefit to our farmers, it they would take advantage of it, by offering a greater market than that possessed by the farmers of any other State for the sale of the so-called "small" crops — vege- tables, fruits, etc. — of dairy products, fine butters and cheese, of poultry and eggs, and other produce, the demand for which is constantly increasing and in the sale of which there can not be dangerous competition from the farmers of neighboring States. Why should our farmers cater to English tastes by exporting cheese at eight cents a pound, when there is an abundant home market for fancy cheeses bringing many times that price ? Legislative measures carefully drafted and having in view this practical end of readjusting agricultural methods and aims to meet present conditions will receive my hearty support and approval, and I am confident they would give greater satisfaction to the people of the State than such a measure as this, whose purpose is already generously provided for by other legislation, and whose provisions are not sufficiently explicit to guarantee desirable results from so great an expenditure."
The alternative which is offered is, practically, a continuance of these heterogeneous and conflicting
24 PUBLIC PAPERS OF GOVERNOR FLOWER.
efforts, involving each year additional expense, or the establishment of a well-equipped agricultural bureau which shall voice the actual needs of the State and give intelligent impetus to agricultural development. Although I share the popular distrust of new gov- ernmental bureaus, I am convinced that in this case it would promote the interests of economy and efficiency. It would be a consolidation rather than a new creation. The nucleus of such a bureau is already found in the Dairy Commission, which employs a large number of experts and includes in its work the inspection not only of dairy products but of vinegar. The Experimental Station, the Meteorological Station, and eventually the Forestry Bureau could all be merged into this proposed department under a single executive head to be known as the Commissioner of Agriculture.
Many other States have created agricultural bureaus, and no State has greater interest in developing its agricultural resources than New York. Six and a half million people in this State must be fed. In articles of staple production, like corn and wheat, we cannot expect to compete with the west, but with our ready markets and easy communication we can excel the world in the production of other kinds of food sup- plies. To the extent that our farmers have broken away from old traditions and have sought to adjust themselves to modern conditions their progress has been marked. We stand to-day in the first rank in value and variety of our agricultural products. in our dairy products the beneficial effect of judicious
PUBLIC PAPERS OF GOVERNOR FLOWER. 2$
legislation is recognized not only by the protection ■whicli it has afforded the public against deception and adulteration, but in the increased markets and prices which it has enabled our producers to secure. Intelligent suggestions from ofi&cial sources with regard to the care, feeding and breeding of cattle, are conceded to have decidedly increased the average production of milk from each cow, amounting in the aggregate to an increase of over a million dollars a year in the receipts to milk producers. It is con- ceded also that the State's product of cheese has much improved in quality since practical instruction in cheese-making was made a feature of the dairy bureau's work by legislative action, and it is estimated that the higher price realized by this improvement in quality has largely increased the value of the annual product. The value of the butter product has also largely increased.
What intelligent encouragement has done for the dairy interest it might also do for other kinds of agri- cultural effort. Agricultural prosperity means general prosperity. But the taxpayer in the cities as well as on the farms wants to see public money expended so as to produce the best results, and with miscellaneous appropriations agregating nearly $300,000 per annum for agricultural purposes, it would seem as if prudence and foresight both demanded the adoption of a com- prehensive, consistent and intelligent policy. I am convinced that for considerably less than is now expended annually much more satisfactory results could be obtained by the application of systematic
26 PUBLIC PAPERS OF GOVERNOR FLOWER.
business methods under intelligent and comprehensive direction ; and I submit to the consideration of the Legislature whether the establishment of an agricul- tural bureau with ample powers is not the most feasible means to this end.
Scientific Work in Agriculture.
In line with this suggestion I desire to call the attention of the Legislature to the advantages offered by the State Land Grant College, Cornell University, for carrying on the scientific work of agricultural pro- motion which is now divided among several agencies, and which should be concentrated under the direction of such a bureau as I have recommended. I think it will be conceded that more effective scientific work of this nature can be done in connection with a great educational institution, and the grouping of these now scattered departments of agricultural effort at one place and under one general supervision will also be a considerable saving of expense in maintenance. Cornell University furnishes an excellent nucleus for carrying on this State work, and its facilities and instructors might be utilized by the State with great advantage to agricultural interests. The State Meteoro- logical Bureau is already located there. There is also an agricultural experiment station already established and doing effective work. Moreover, the institution has established practical courses of instruction in agri- culture, botany, horticulture, dairy husbandry, animal industry, poultry keeping and veterinary science. It offers free of charge and without examination, to all
PUBLIC PAPERS OF GOVERNOR FLOWER. 27
persons who are sixteen years of age, competent instruction in these subjects for one or more terms. The country boy or girl who desires to avail him- self or herself of these opportunities can, in one or two college terms, obtain practical instruction in the- preparation of the soil, fertilizers, harvesting and marketing for general and special crops, laying out and improving farms, drainage and irrigation, farm buildings and fences, with their location, plans and construction, the composition, manufacture, preserva- tion and application of farm-yard manures and com- mercial fertilizers, business customs, farm, accounts, rights and privileges, the employment and direction of laborers, the use, care and repair of farm imple- ments and machinery, grasses and forage plants, weeds and their eradication, swine, sheep and horse husbandry, breeds and breeding, vegetable garden- ing, etc.
The dairy-house practice comprises the making of butter and cheese by the most approved raethods ; testing of milk as to purity and fat content ; the use and care of centrifugal separators and other creaming devices, and the details of creamery and cheese fac- tory management, etc. Lectures also are given on the origin and formation of the various breeds of dairy and beef cattle ; their selection and improve- ment ; the improvement of native cattle and the formation of new breeds ; the composition of stock foods and their combination into rations suitable for various purposes. It is worth noting in this connec- tion that the average product of milk per cow on the
28 PUBLIC PAPERS OF GOVERNOR FLOWER.
university farm is three times as mucli as the average product of the dairies of the entire State.
All this is exactly in line with what the State is now trying' to accomplish through miscellaneous agencies for the encouragement of modem methods of agriculture. The question presented is, whether official efforts cannot be combined with these private efforts in the interest of both economy and efficiency.
There are considerations of justice as well as of State profit in the State's utilizing Cornell University for the accomplishment of this purpose. Under the terms of the Federal Land Grant act the 990,000 acres allotted to the State were sold at about sixty cents an acre, and the proceeds made the endowment fund of the land grant college. The income from this fund is now about eighteen or twenty thousand dollars a year, and is practically the extent of the State's favor toward Cornell University. As a condition of being designated as the land grant college, however, the university was compelled to receive annually one student from each Assembly district of the State for free instruction. Under the natural construction of this provision there might at any time be 128 stu dents receiving free instruction at the institution, but not more. In reality the number for some time was much less, inasmuch as some Assembly districts fur- nished no competitors for the scholarships. After some years the State insisted that the university should not only take annually one student from each Assembly district, but keep these 128 free students four years. Although contending that
PUBLIC PAPERS OF GOVERNOR FLOWER. 2g
this construction of the law was contrary to the inten- tion of the charter, the university made no protest and has been for years educating free of expense 512 State students. At the present rate of tuition fees this would represent an annual value of nearly $60,000, which is $42,000 a year in excess of the income from the original endowment granted by the State. Beyond this, the university also educates free of expense all students enrolled in the agricultural course.
Other States have been much more liberal toward their land grant colleges than the State of New York. Most of them have made appropriations for buildings and equipment. Since 1887 the State of Pennsylvania has provided several large buildings, among them an agricultural hall and creamery. The State of Ohio has appropriated $258,000 for the same purpose. The land grant college in California has received nearly $2,000,000 for buildings, equipment, etc., from the State. The Legislature of Wisconsin has given at least $350,000 for this purpose to its land grant college. Other States have made similar provisions. New York, however, has never voted a cent from the State treasury for Cornell University.
It is entirely, however, with a view to State advan- tage that I would urge the concentration at Cornell University of the various agencies for promoting scientific agriculture. To carry out this suggestion would not only enable the State to do more effective work immediately and at less expense, but would permit the State from time to time to extend its field of usefulness in this direction without the creation of
30 PUBLIG PAPERS OF GOVERNOR FLOWER.
new boards and new offices. The proper diffusion of knowledge with reference to the preservation of our forests is of vital interest to the future welfare of the State and could be attained through such an agency. The same is true of the spread of veterinary- science. Public attention has only lately been called to the vast importance of this subject — not merely as it affects the value of our live stock, but because of its intimate relation to the question of public health. Modern science has demonstrated that a large proportion of human diseases is directly traceable to diseases in animals, conveyed through milk, meat, eggs and other animal food. Thousands of milch cows in this State, suffering from tuberculosis, are furnishing milk to families and thereby endangering human lives by the transmission of this dread disease. A proper regard for the health of the community will eventually demand scientific protection against dangers of this kind. Our State has already taken the initiative in this direction. But the chief obstacle to a correction of this evil is the lack of experienced and capable veterinarians.
Our State is too thoroughly committed to the encouragement of agriculture to abandon it. State energy and public money, however, should not be frittered away by misappropriation and misdirection. The time is ripe for the adoption of some compre- hensive, systematic and intelligent policy which shall assure the best results at the least expenditure. Whether the suggestions I have outlined are the best for accomplishing these results I leave to your judgment.
public papers of governor flower. 3 1
Registration in Towns and Villages. The requirement of personal registration each year in the cities of the State as a. necessary preliminary to the exercise of suffrage has been a most effective agent in diminishing fraudulent voting. While it imposes hardships and to some extent discourages voting, its advantages are greater than its disadvan- tages, and it is now recognized as one of the best features of the reform electoral legislation of 1890. There is no good reason, however, why the safeguards thus thrown around the ballot in cities should not be extended to the towns and villages of this State. Such laws should, so far as possible, be uniform in their application. I therefore renew the recommenda- tion contained in my annual message of last year, that the personal registration law be extended so as to include the remainder of the State within the territory of its operation.
Prisons and Pardons.
The State prisons last year came within $140,498.90 of being self-supporting. Prisoners were employed on about twenty-two different industries, and the earnings were $81,707.72 greater than those of the preceding year. At Auburn prison the earnings exceeded the cost of care and maintenance. Legislation at your last session wisely prohibited or restricted certain' kinds of manufacture which were known to compete unfairly with free labor, and conditions will undoubtedly compel a similar readjustment of industries from time to time in order that convict labor may work no
32 PUBLIC PAPERS OF GOVERNOR FLOWER.
injtiry to free men. It would seem that after the State has assumed charge of the dependent insane a large part of the cost of maintenance might be saved by utilizing prison labor in the- manufacture of clothing, shoes, etc., for the use of the inmates of the State hospitals. This would tend largely to solve the prison labor question and would be an economical policy for the State. In this connection I recom- mend that the Superintendent of Prisons be properly authorized by law to employ some of the prisoners at Dannemora in road building in the vicinity of the prison. The State controls the roads for about twenty miles around the institution and about 200 convicts could be employed in this work with benefit both to themselves and to that portion of the State. Clinton prison is so situated that the employment of convicts on roads outside the prison walls is not open to the same objections that it would be at the other State prisons.
There is now standing unused at Auburn the hand- some State building formerly occupied as a prison for insane criminals. I recommend its conversion into a prison for female felons. From a humane and reformatory point of view there is' need of such a prison. It was the policy of the State prior to 1877 to maintain a separate prison for females, but since that year they have been sent to county penitentia- ries, the State paying a per diem amount for their board and keeping. There are now 155 female felons thus confined. The unoccupied building at Auburn is admirably adapted for such inmates. It would
PUBLIC PAPERS OF GOV Eli NOR FLOWER. 33
easily accommodate 200 prisoners, and is ready for use immediately. It could be used for tliis purpose better tlian for any other. The reasons for a separate prison for women readily suggest themselves — espe- cially for female felons, who, as a rule, are not so depraved a class as the female prisoners with whom they are now thrown in contact at the county penitentiaries. '
While at the State prisons during the year I gave personal hearings to convicts who had applied for Executive clemency. A large ntimber of prisoners, many of whose applications had been on file in the Executive Chamber for years, were heard and many worthy applications for clemency were granted. The full list of pardons, with my reasons therefor, will be subsequently transmitted to the Legislature, as required by law.
It is suggested that more convicts might be perma- nently reformed after leaving prison if they could be kept from their former evil associates and vicious surroundings and allowed an opportunity to redeem their' characters by beginning life anew in parts of the country where they and their criminal past are not known. Slight changes in the law would empower the State agent for discharged convicts to find such homes and employment for these persons, and through this practical philanthropy many a criminal might be permanently reformed. The sug- gestion is respectfully submitted to the attention of the Legislature. 3'
34 public papers of governor flower.
The Coal Combination.
During the last year there has been formed a powerful combination between certain railroads and coal companies with the apparent purpose of exacting higher prices from the consumers of anthracite coal. The combination differs from similar organizations in certain respects which make competition absolutely impossible. So far as is now known, practically all the anthracite coal in the world is contained in three counties in Pennsylvania, and eighty-five per cent, of the entire traffic is controlled by the coal combination. The consumers are at the mercy of the combina- tion. It can raise the price of anthracite coal as high as it can find purchasers. The price has increased seventy-five cents a ton within a year. The only apparent limit to the extortion is the refusal of the people to buy. In that case they must use bitu- minous coal or wood, or perish with the cold.
These conditions present a state of affairs that chal- lenges serious consideration. Have the people of this State any means of legislative relief against such a monopoly of a natural and necessary product? The question is worthy of your earnest attention. If the companies engaged in this combination enjoy public privileges granted by the State of New York, the State should exercise its undoubted right to impose conditions upon the enjoyment of those privileges, and such conditions should at least guard the people from unwarrantable exactions in return for privileges which the people through their representatives have conferred.
public papers of governor flower. 35
The Adirondack Park.
The preservation of its forests, and thereby the protection of its water courses, has become the estab- lished policy of the State. It is a movement which is heartily approved by the people. It is of vital importance to the future of the State. The practical working out of the policy, however, is full of difificul- ties, and the State has taken varying attitudes as to modes of procedure. It must be confessed that the results to-day, after nearly seven years' effort to establish an Adirondack park, are disappointing. While much good has been accomplished, there has been a lack of well-defined policy and business-like management which has prevented a full measure of success. Part of this has been due to the law and part to its administration.
Last year the Legislature passed an act which defined the limits of the proposed park and authorized sales of all State forest lands outside of those limits and, with the proceeds, the purchase of new lands within the limits. It was estimated that the State owned then about 900,000 acres, half of which was located in detached pieces around the edge of the forest and could be sold at a price per acre sufficient to buy a larger number of acres within the limits of the proposed park. This is well enough so far as it goes, provided the sales and subsequent pur- chases are conducted on a business-like basis. But the trouble with this policy is that it puts the gov- ernment in the market as a buyer and seller, and opens the way to all kinds of impositions and frauds.
36 PUBLIC PAPERS OF GOVERNOR FLOWER.
While it must answer the temporary purpose of getting rid of lands useless for a forest preserve and acquiring other lands needed, so far as the proceeds of the sales will permit, it will not do for a permanent and exclusive State policy.
If it is the desire of the people that the State should absolutely own two or three million acres of the forest preserve, the lands should be acquired at once by right of eminent domain. The operation should be comprehensive and decisive, and performed in this way it would be vastly more economical in the long run than the present policy of purchase by driblets.
If on the other hand the people are indifferent as to whether the ownership of the bulk of the great forest is in private persons or in the State, so long as the forest is preserved perpetually from destruction, then by a new departure the purpose of preserva- tion can probably be accomplished without any great expenditure of public money.
It is well known that vast tracts of the Adirondack forest are now owned by individuals or by private associations and are used mainly for purposes of recreation. These large private preserves, I venture to say, could be forever guarded against the danger of denudation by a sufiSciently liberal contract between the owners and the State, and would thus serve the main purpose of the public preserve. These private owners at -present are as much interested in the preservation of their tracts as the State could possibly be, and some of them, I know from personal assur-
PUBLIC PAPERS OF GOVERNOR FLOWER. 37
ance, -would be willing to enter into an arrangement witli tlie State whereby, in consideration of forest protection furnished by the State and exemption from State taxation, they and their grantees would refrain forever from removing the timber except under certain conditions imposed by the State. I feel confident that hundreds of thousands of acres could thus be practically added to the State preserve at comparatively little expense. Whatever land it might be necessary to buy outright could be bought under proper safeguards. Such a policy, it seems to me, if it could be carried out, would give greater satisfac- tion to the people, for it would save large expense, and — what is worse — great possibility of scandal.
If this suggestion should meet the approval of the Legislature the necessary legislation to carry it into effect should be enacted without delay, for each year's devastations of forest land is making more difficult the attainment of the State's object. With such legislation I recommend the reorganization of the Forest Commission. It does not seem to me wise that this should be a permanent commission as at present. I think that much more satisfactory results could be obtained were the commission created for a fixed time and for the definite purpose of establishing the proposed park within that time. Energy, promptness and intelligence are greatly needed. A special commission appointed for a definite purpose would bring aspiration and pride to the performance of its great mission. The commission should consist of at least five persons, nominated by
38 PUBLIC PAPERS OF GOVERNOR FLOWER.
the Governor and confirmed by the Senate, and should be composed of active, capable and honest men, selected for their peculiar fitness to discharge this task creditably to themselves and to the State. After such a commission has completed its labors, its services should be discontinued, and the detail work of maintenance, oversight and protection of the forests should be left to trustworthy and competent officers under the direction of the Comptroller or State Engineer, or under a commissioner of agriculture, should such an office be established. A bureau of forestry, as a part of a well-organized department of agriculture, would be the most natural and most desirable disposition, and should accomplish much good, not merely in guarding the forest preserve, but in subserving the agricultural interests of the State.
The establishment of a great forest preserve could be made to pay all or a large part of its cost under intelligent and wise legislation and supervision. Without injury, but rather with benefit, the State could acquire considerable revenue by granting per- mission to fell trees above a certain diameter on State lands. Additional revenue could be obtained from leases of small parcels of land to individuals for the establishment of summer homes under proper regulations, as is provided in the existing statute.
I would .also call the attention of the Legislature to needed amendments in the laws governing the can- cellations of tax sales. Upon flimsy pretexts of one kind or another the State has lost nearly 100,000 acres of forest land since 1886 through these cancellations.
PUBLIC PAPERS OF GOVERNOR FLOWER. 39
The State having legitimately come into possession of large tracts of Adirondack lands through failure on the part of owners to pay taxes, it should not be exposed to the loss of this now valuable possession by technical defects in legislation or administration which are taken advantage of by Adirondack specu- lators. Not another acre of State land should thus be yielded up. The present laws are defective and should be promptly amended before there is any further loss of timbered land.
Uniformity of Legislation. Substantial progress has been made by the commis- sion appointed to promote the uniformity of legislation in the United States relative to the subjects of mar- riage and divorce, insolvency, notarial certificates, etc. New York took the initiative in this movement and has succeeded in interesting many other States in its success, although there are some which have yet failed to provide for the necessary commissioners to represent them at the conferences. The movement is a praiseworthy one because it is founded on the recognition of the principle of State sovereignty, and aims to secure uniformity of legislation among the several States by the voluntary co-operation of each rather than by federal legislation. It should receive the continued encouragement of the Legislature.
Care of the Insane. The policy inaugurated by the State in 1890 of assuming the entire care and custody of the dependent insane will go into final effect during the present year.
4° PUBLIC PAPERS OF GOVERNOR FLOWER.
The work of preparation is nearly finished ; nine State hospitals, costing upwards of $10,000,000, have been put in readiness; about 7,900 patients from the county- poor-houses have been placed in the State hospitals, and the remainder (about 700) are expected to be transferred before May first. It will be incumbent upon the Legislature, therefore, to make provision for the maintenance and support of nearly 9,000 patients.
This obligation is a serious one in its relation to taxation, and demands close scrutiny. It will con- siderably increase the annual State tax rate. It has been carefully computed by the Commission in Lunacy that the aggregate cost to be provided for by legislative appropriations, including salaries, cloth- ing, transportation, etc., will be about $1,300,000. The State has been in the habit of providing for about $200,000 of this sum, so that the actual ordinary increase of taxation will be about $1,100,000. In addition the Commission in Lunacy estimates that provision will have to be made for an increase of 440 patients for the year ending October i, 1894. These additional accommodations can be supplied by judicious enlargement of existing hospitals rather than by the construction of new institutions.
Of course the assumption of this burden by the State relieves the counties to that extent. In fact the relief is much greater, for by the State Care Act the counties of New York and Kings are exempted from its provisions, and those counties will continue to care for their own dependent insane, and must necessarily share at the same time the cost of
PUBLIC PAPERS OF GOVERNOR FLOWER. 4I
maintaining the State insane. Until they shall avail themselves of the privileges of the State Care Act the effect of State care will be to afford a large saving to almost every county in the State.
If the total cost to the State shall be in the neighborhood of $1,300,000 annually, the State tax rate -will be increased by about one-third of a mill on last year's valuation. I recommend to the Legis- lature that all appropriations granted for the State hospitals for the insane be hereafter included in one act, and that the rate of tax for this purpose be fixed and levied separately from the general tax for the support of government. Thus the people will always know exactly what they are paying for the mainte- nance and support of these institutions.
I am convinced from personal examination that the policy of the State's caring for its poor insane is a most praiseworthy philanthropy when compared with the county system which had prevailed for so many years previously, and which in many cases justly excited the horror and disgust of^ all friends of humanity. But the great danger of this assump- tion of responsibility and expense by the State is maladministration. Corruption, extravagance and the improper injection of politics into hospital manage- ment will be constant foes, which if not combated and overcome will bring reproach upon the State and prevent the accomplishment of much good. Legislation should be designed to require strict accountability, and all possible avenues for extrava- gance should be closed. I have observed that there
42 PUBLIC PAPERS OF GOVERNOR FLOWER.
are remarkable differences of cost now between tbe different institutions in the same classes of expendi- ture. For instance, in one hospital the cost of fuel has been proportionately much higher than in other institutions ; in another the cost of various articles of food was proportionately greater, and so on. The difference in environment did not seem to account entirely for these decided variations, and the conclu- sion was inevitable that the management was at fault. This could all be remedied by proper legisla- tion and careful administration. As one means of accomplishing this end the Legislature should require that all moneys should be paid on the warrant of the Comptroller upon monthly estimates prepared and approved as in the case of the State prisons, and that all receipts of the State hospitals shall be turned into the State treasury. It is worth calling attention to that during the past three years there has been a steady reduction in the per capita cost of maintenance in every hospital except two, and these exceptions were not occasioned by any fault in administration, but by changed conditions.
The hospital buildings, which I have had the pleasure of inspecting during the past year, are without exception creditable to the State and well adapted for their purpose. The increased accommo- dations provided by recent acts of the Legislature are of a comparatively cheap type, but are of excel- lent material and show substantial workmanship.
The number of committed insane in the State on October i, 1892, was as follows:
PUBLIC PAPERS OF GOVERNOR FLOWER. 43
State hospitals 7, 832
Licensed private asylums 902
Asylums of New York and Kings counties 7, 887
In county poor-houses awaiting removal 802
Total 17, 423
Propagation of Fish.
At the last legislative session I vetoed two bills establishing new fish hatcheries. A personal investi- gation during the summer into the work of the Commissioners of Fisheries, including visits to some of the existing hatcheries, persuaded me that only three out of the five hatcheries are located properly for the successful propagation of fish. It is unfortu- nate that public money has been thus misappropriated. I suggest that hereafter, when in the judgment of the Legislature new hatcheries are needed, the location of the same be left to the discretion of the Commis- sioners of Fisheries. They are presumably bettei qualified by reason of their expert knowledge to judge of the comparative merits of different localities as places for fish culture, and such a transfer of responsi- bility would check a tendency recently observable in the Legislature to make the creation of one new hatchery depehd upon the creation of one or more others.
The Commissioners of Fisheries are continuing the stocking of lakes and streams and with apparently good results. Their efforts should be directed mainly, however, to increasing the supply of food fish. Merely as conservators of sportsmen's interests their official
44 FUBLIC PAPERS OF GOVERNOR FLOWER.
existence and powers would scarcely be justified by the taxpaying public. The scope of their responsi- bility and the measure of their opportunity are much wider than is prescribed by any such narrow field. There are 1,500 square miles of water within the area our State, capable of producing an unlimited supply of fish food — thus cheapening in large degree the cost of living to the people, creating additional employ- ment and adding to the State's wealth. Every stream might be made to yield largely to the food supply of the farms through which it runs, and every lake might give means of livelihood to more men and furnish cheap, palatable food to more families. Liberal stock- ing of Lake Ontario with white fish, pike and lake trout, assisted by proper regulations for catches, would build up an important industry in that vicinity, pro- fitable alike to the fishermen and to the public.
As a step in this direction I am informed that about 10,000,000 white fish will be placed in Lake Ontario during the coming year.
I bespeak for this subject the earnest consideration of the Legislature, believing that with comparatively small expenditure great good can be accomplished.
Oyster Culture.
I inspected with great interest during the summer the oyster beds along the southern shore of Long Island sound. The State has the opportunity here to develop an important industry, giving employment to thousands of men, enriching the people by millions of dollars and yieldihg, under proper laws, consider-
PUBLIC PAPERS OF GOVEKNOR FLOWER. 45
able revenue to the State treasury. It was in 1887 that the act to encourage oyster planting in Long Island sound was enacted, and up to that time very little had been done in the deep-sea cultivation of oysters, the planters who supply the markets relying almost entirely upon Virginia for sea oysters for culti- vation. During the last five years the industry has made such rapid progress that now conservative esti- mates place the value of the oysters lying on the beds of Long Island sound at $1,500,000 and the number of men employed in the industry at 10,000. During the past year 116,000 barrels of oysters, valued at $580,000, were shipped to Europe from New York city.
There are about 400,000 acres of water area in the sound which are available for oyster culture under the provisions of the act of 1887. Of this number upwards of 17,000 have now been leased. The law provides that plots may be granted to the highest bidder for a perpetual lease. So little has been known about the industry that the greater number of these grants has not brought to the State more than one or two dollars an acre. It has been demonstrated, however, that while the business is attended by con- siderable risk, there is an extraordinary percentage of profit when it is at all successful. For this reason recent bids for grants have been somewhat higher, and the prospect is that hereafter the desire to secure oyster beds will bring a larger revenue to the State.
These are destined to become valuable franchises, however, and in my opinion the law does not suffi- ciently protect the interest of the State in this regard.
46 PUBLIC PAPERS OF GOVERNOR FLOWER.
The State's leases should not be perpetual, but for a reasonable period of years. It is alleged that these grants are perpetual only in name, since the beds become exhausted after a period of years and after non-usage revert to the State; but notwithstanding this defense it would seem a wiser and more business- like policy if the Commissioners of Fisheries were empowered to make leases for only a limited period of time, so that at the expiration of old leases the State might be in a positioh to impose new condi- tions that would insure a reasonable annual rental to the State in case the franchise should then be found to be very valuable.
In the development of the oyster industry the State can take just pride, and all proper legislation should be afforded for its encouragement. But valuable public franchises should be made to yield a revenue to the State commensurate with the value of the privileges granted.
Constitutional Convention.
So far as the Executive can ascertain, there seems to be a strong current of popular sentiment through- out the State in favor of the postponement of the election of delegates to the Constitutional Convention from the second Tuesday of February till the general election in November. The expense of an election in February would be between six and seven hundred thousand dollars, which should be saved to the tax- payers if possible. It would be possible, of course, for the law to be amended, so as to permit the election
PUBLIC PAPERS OF GOVERNOR FLOWER. A7
of delegates at charter elections and town meetings. But this would not obviate the necessity of a separate election in New York and Brooklyn, and the election of delegates would not take place concurrently in all election districts of the State — a condition which, I fear, might lead to complications in the choosing of delegates.
The only argument in favor of the separate election is that a better class of delegates is likely to be chosen. Even were this true, and the contention in my judgment is open to question, there is grave doubt whether the advantage would not be nullified by the apparent disinclination of the people to have an election at this time, so soon after the exhaustion of a presidential election — a disinclination that would probably result in the polling of a very light vote, because of lack of interest.
The act itself providing for a constitutional con- vention is somewhat faulty in construction, and it is asserted by competent legal authority to be of doubtful constitutionality in its provisions authorizing the appointment of delegates. These provisions were designed to give minority representation to labor and prohibition interests, whose voting strength is not sufl&ciently concentrated to enable them to secure representation by the ordinary means of election. In my judgment that sort of representation should also have been allowed to women suffragists, as the bill originally provided. But if minority representa- tion by appointment is unconstitutional, the suggestion is respectfully submitted whether it cannot be secured
48 PUBLIC PAPERS OF GOVERNOR FLOiVER.
by election without violation of the Constitution. While it may be conceded that minority representation is unconstitutional when applied to the election of the usual State and local officers, there is ample precedent for its application to the election of delegates to a constitutional convention. The Constitutional Conven- tion of 1867 included thirty -two 'delegates at large, of whom no elector could vote for more than sixteen, and the present judiciary article of our Constitution is a part of that convention's work, and nobody has ventured to question its validity. If it should be deemed best to retain that feature of the present Constitutional Convention Law, and it is necessary to abandon the provision for appointment, I would suggest its modification to the extent of permitting representa- tion of more than one minority interest. It would add to the representative character of the convention if organized labor, prohibition and woman suffrage advocates might in this way participate as full members in the proceedings.
So important a measure as that providing for a constitutional convention cannot be too carefully drafted. It should be constructed so as to assure complete representation and at the same time able representatives. If the Constitution is to be revised the revision should be in capable, safe hands. Owing to the limited time before the date fixed for the election of delegates, legislative action must be prompt. If it is not the desire of the Legislature to postpone the election, the law should at least be modified in its faulty and unconstitutional features.
public papers of governor flower. 49
The Use of Money in Elections.
The part of our electoral machinery which now- most needs strengthening by legislation is that relating to the use of money in elections. The Legislature has made it impossible to bribe voters with any degree of assurance that they will vote as they have been bribed, but notwithstanding the statutory safeguards it is notorious that money is still spent in elections for corrupt purposes. The active agents in the corruption are apparently either willing to trust the corrupted voter to vote as he has been bribed, or the corruption takes the form of pecuniary inducement to the elector to remain away from the polls.
I am not confident that ,this state of affairs can be thoroughly remedied by law. The most potent instru- ment of reform is wholesome public opinion. No law, however stringent, can be effective without the earnest support of popular sentiment.
But every law aimed at this evil and every agitation of it are influential in properly shaping public opinion. An end must come soon to wholesale bribery. Persons familiar with campaign management stand aghast at the rapid increase of purchasable voters from year to year. A reaction towards honester- methods of conducting elections will be welcomed by political managers no less than by the general public. Agitation and legislation are at least aids to this end.
A defect in what is now known as our Corrupt
Practices Act is that political committees are not
required to file certified statements of their receipts
and expenditures. While the statute compels this duty
4
50 PUBLIC PAPERS OF GOVERNOR FLOWER.
on the part of candidates, it leaves political committees and agents free to conceal both the source of their revenues and the purposes of their expenditures. The extension of the provisions of the law to political agents and committees would make the financial transactions of such committees a matter of public record as they should be, and would tend to discourage the contribution of large amounts of money by individuals. Such a law. is now in force in Massachu- setts, having been enacted recently. It should be drawn with rigid provisions which will permit no evasion.
Another proposed remedy for the evil of corruption is such legislation as will make proof of bribery on the part of candidates or their political agents or committees sufficient cause for forfeiture of office. Great Britain has such a law. Our laws already disfranchise those who are convicted of bribing voters, but they practically protect the beneficiary of this crime by leaving him in possession of the office unless it can be proved that the bribed votes which he received more than equaled the amount of his plurality. Candidates and committees would hesitate to expend money corruptly if proof of the act would be a dis- qualification for office. Properly administered, such a law might be a complete check on corruption.
I recommend these proposed changes in our election laws to your attention, and trust that some practical good in the direction of diminishing bribery may be accomplished at the present legislative session.
public papers of governor flower. 51
Good Roads.
The subject of good roads is exciting a remarkable interest througliout the country. By popular .agitation and through the newspapers the movement is beginning to find expression in State legislation, and if it goes on with its present momentum will revolutionize conditions now prevailing in nearly all rural localities.
While having no sympathy whatever with that phase of this movement which seeks the establishment of a national bureau of roads and the consequent building of national roads through the country, I am thoroughly convinced that the prosperity of our own State, and especially the interests of its agricultural sections, demand prompt and effective efforts to improve the condition of our highways. It has long been admitted generally that our present system of highway improve- ment is indefensible, either from the point of view of economy or from the point of view of efficiency. Yet annual spasmodic efforts have been made here and there to establish permanent and durable roads, or even to change the antiquated method which has so long prevailed. As is well known the principal features of our highway legislation and practice is what is comprehended by the so-called " working " system, and with a view of getting at reliable statistics as to the actual cost at present of highway maintenance and construction under this system, I have sent communica- tions to the town clerks in the State, requesting them to furnish me with figures which would be of use in such a computation. I have received replies from only
52 PUBLIC PAPERS OF GOVERNOR FLOWER.
about a third of the towns. Yet the figures received afford a reasonable -opportunity of computing with more or less degree of accuracy the approximate cost in each county. I have endeavored chiefly to ascertain the total number of days' work performed in a year on the highways of each county, and also the total cash expenditures for highway improvement in each county for one year. The following table presents the results of my computation. In estimating the total money cost in each county I have added to the cash expenditures the number of days' work performed as valued at one dollar for each day. The figures do not in any case include the cost of road improvement in cities and villages. The table is as follows :
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53
COUNTIES.
Albany
Allegany. . . .
Broome
Cattaraugus ,
Cayuga
Chautauqua. . Chemung . . , Chenango.. . ,
Clinton
Columbia . . .
Cortland
Delaware ... Dutchess . . , .
Erie
Essex
Franklin . . . .
Fulton
Hamilton . . Genesee ....
Greene
Herkimer ...
Jefferson
Kings
Lewis
Livingston . . .
Madison
Monroe
Montgomery . New York. . . .
Niagara
Oneida
Onondaga . . .
Ontario
Orange
Orleans
Oswego
No. days'
work performed.
43,704 48,070 31, 876' 65,109 29,127
36,475
25,608
28,749
23,968
30,842
i8,o6o-
32,623
23 , 280
77,448
43,074
41,496
16,960
33,278 14,014 28,785 55,968
20,178 28,883 44,884 42,284 32,390
28,548
42,432 52,060 43,136 48,256 17,640 47,250
Cash expenditures.
^15,831 33,996 1-5,780 28,347 10,455 30,925 15,037 34,681 18,402 21,056
6,060
1,800 35,340 22,882
9,936 18,691
8,230
19,512 5.712 6,650
33,792
14,076 14,365 10,724 25,850 15,000
13,236 30,522
16,359 29,248 24,890 12,000 10,962
Total annual cost.
$59,535 82,066 47,656 93,456 39,582 67,400 40,645 63,430 42,370 51,898 24,120 34,423 58.620 100,330 53,010 60,187 25,190
52,790 19,726
35,435 89,760
34,254 43,248 55,6c8 88,134 47,390
41,784 72,954 68,419
72,384 73,146 29,640 58,212
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COUNTIES.
Otsego
Putnam
Queens
Rensselaer . . .
Richmond
Rockland
St. Lawrence.
Saratoga
Schenectady . Schoharie . . .
Schuyler
Seneca
Steuben
SufEolk
Sullivan
Tioga
Tompkins . . .
Ulster
Warren
Washington . .
Wayne
Westchester . . W)'oming . . . . Yates
Total .
No. days'
work performed.
45,400 14,760
31,840
68 , 203 30,280
25,484
12,661
64,704
31,272 25,182 21,720 55,560
28,764 40,746 io,gTO 31,568 20,805
Cash expenditures.
pl8,540 3,555
ig,i2o
20,832 14,172
10,490
6,140 40 , 000
4,854 10,000
8,000 61,126
7,276 9,790
74,407 9,744
11,454
Total annual cost.
$63,940 18,315
50,960
89,035 44,452
35,974
18,801 104,704
36,126
35,182
29,720,
116,686
36,040 50,536 85,317 41,312 32,259
^2,715,761
Where insufficient returns upon which to base an average have been received from any county no estimate is made for that county.
It will be observed from this table that fifty counties in the State are now paying annually in labor and cash about $2,700,000 upon their highways. This is an average of about $54,000 for each county.
PUBLIC PAPERS OF GOVERNOR FLOWER. 55
I venture the assertion, which I think will be gen- erally corroborated by those who have seen the methods of work now employed on country roads, that a large proportion of this expenditure is practi- cally wasted. With no greater expenditure, but under a different system, each county might be covered with fine macadam roads with all the resulting advan- tages in appreciation of property and in economy of transportation. It is difficult to estimate the average cost of macadam roads in our State because of the varying conditions in different localities ; but a rea- sonably conservative estimate by engineers is $7,000 a mile as the cost of first construction, with an annual cost for maintenance and repairs of about $300 a mile. If this estimate is correct, the present average cost of highway improvement each year in the counties of the State, reducing the labor performed to a cash valuation, would pay the interest and pro- vide for the sinking fund on a sufficient issue of bonds to construct 150 miles of road in each county — viz. : The cost of 1 50 miles of macadam road at $7,000 a mile would be $1,050,000, the interest on which would be $42,000 per annum at four per cent., leaving $12,000 a year to be applied to a sinking fund. From the table given above, with an accurate knowledge of the cost of construction of macadam road in their locality, the citizens of each county can ascertain more precisely how many miles of good highway may be built in their locality without any greater outlay of money and labor than is required by the present system with its wretched results. Of
56 PUBLIC PAPERS OF GOVERNOR FLOWER.
course a good gravel road would cost much less than a macadam road — probably not to exceed $3,500 per mile on the average.
There can be no substantial improvement in the country roads of this State so long as the law com- pels the continuance of the present system of sub- division into minute road districts, averaging scarcely more than a ,niile each in length. Whether the repairing of the road in each district be done by actual labor of the inhabitants thereof, or by employees paid by money commutation for such labor, the unsatisfactory result will be substantially the same, for two principal reasons :
First. The tendency in each little district is to make roads only for its own inhabitants and not for the inhabitants of other districts. The character of each leading market road throughout its entire length thus tends 'to be kept down to that of the worst road in any one of the little districts into which it is subdivided. The load the farmer can carry to market is determined by the worst point in the entire road he must traverse. The people of each district naturally say, " If the other districts will not make good roads for us, they do not deserve that we should make good roads for them, and there is but little advantage in our making such short strips of good road for ourselves." Under such a system there can be no concerted action for a uniformly good market road, and the inevitable result is a uniformly bad road.
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Second. The smaller the area of taxation the more economical will be the taxpayers, whether the tax be paid in labor or money. The country road district is the smallest area of taxation in the State, and by the inevitable tendency of human nature the country roads receive the stingiest treatment of any of the public works. Each locality is extravagant enough in its demands for local improvements at the State expense, for each inhabitant of the locality thinks that the rest of the State pays the entire tax. But each inhabitant of a road district naturally seems to think that he is paying all the expense of any improvement in his local road.
The primitive system of repairing country roads has long been outgrown, but is imbedded in the law, and the practice must continue so long as the law remains unchanged. The Legislature cannot make better roads, but it can remove any obstructions to road improvement which exist in the laws.
Between the two extremes of extravagance in State expenditures and stinginess in local expenditures for local improvements, the county-road system is sug- gested as the golden mean. At least the leading market roads in each county should be maintained by county taxation, expended under the supervision of a competent county engineer, subject to the gen- eral direction of the board of supervisors.
It is suggested that the Legislature should pass a general law prescribing certain kinds of improved roads, outlining the methods of raising and expend- ing the necessary moneys, and authorizing any county.
5 8 PUBLIC PAPERS OF GOVERNOR FLOWER.
upon the vote of the board of supervisors, to avail itself of the provisions of the statute.
It seems needless at this stage of the movement toward better roads to point out the material advan- tages of improved means of communication over country highways. Not only will good substantial roads improve the value of every acre of land in their vicinity, but they are of direct pecuniary advan- tage in saving expense of transportation, and in bringing the farmer into closer and therefore often more profitable communication with the towns. Care- ful estimates have shown that an ordinary horse will draw on macadam roads over three times the load he can draw on a dirt road. This saving of trans- portation in itself would amply compensate every locality for whatever extra burdens of taxation, if any, the construction of macadam roads would impose.
I earnestly invite the attention of the Legislature
to this great question, impressed as I am with its
material importance to the interests of the whole
State.
Quarantine.
During the months of August, September and Octo- ber last the country was threatened with the intro- duction of cholera from infected foreign ports, and the quarantine facilities at the port of New York were shown to be entirely inadequate for coping properly with this dread disease under existing cir- cumstances. Owing to the vigilance and fidelity of the health officer and his deputies, however, cholera was prevented from gaining an entrance through this
PUBLIC PAPERS OF GOVERNOR FLOWER. 59
port, and both our own citizens and those of other States were fortunately spared from the pestilence.
Between August thirty-first and October fourteenth there were over 80,000 inspections at Quarantine, and at one time during this period several thousand passengers on cholera-infected vessels were detained until danger of conveying the disease was passed. The quarantine facilities were insufficient to accom- raodate this unusual population, and in the emergency the Executive authorized the Health Officer to pur- chase additional accommodations on behalf of the State. This was done by the purchase for $210,000 of the Surf Hotel and grounds at Fire Island, which seemed to be the only suitable place then available for quarantine purposes. An additional expense of about $20,000 was incurred by the necessity of calling out part of the National Guard and the Naval Militia to protect the State in the possession of ' its purchase at Fire Island, and other unusual expenses amounted to about $26,000. These extraordinary expenses must be provided for by legislative appro- priation, and it will also be incumbent upon the Legislature to ratify the purchase of Fire Island and make such permanent disposition of it as may seem best. Whether the place is well adapted for a quarantine station should be carefully considered.
While cholera was successfully kept from our State in this instance, it behooves the Legislature to make ample preparation against a possible invasion of the disease during the approaching spring and summer. The scenes attending the detention of steamship
6o
PUBLIC PAPERS OF GOVERNOR FLOWER.
passengers at Quarantine last September should not be allowed to occur again by reason of any lack of quarantine facilities. The people will justify liberal expenditure if this is necessary to secure ample pro- tection to public health, and any invasion of disease arising through legislative negligence or official incapacity will receive, as it should, the severest condemnation of the public. The Quarantine Commis- sioners and the Health Officer of the port of New York will recommend certain improvements at Hoffman and Swinburne islands, and certain additions to present facilities, the aggregate cost of which is estimated at between two and three hundred thousand dollars.
Such legislation as is necessary should be promptly enacted, so that the work of improvement may begin as soon as possible.
Legislation is also needed to strengthen somewhat the power and resources of the State Board of Health. Protection against disease is required not only at the port of New York but also along the northern border of the State. During the threatened epidemic last year inspectors of the State Board of Health were placed at all points of entry from Canada, and a rigid inspection was enforced. This is scarcely less import- ant than ample quarantine facilities in New York harbor, and the State Board of Health should not be hampered by insufficient funds or lack of authority in critical emergencies.
The subject of an exclusive national quarantine is just now exciting considerable popular discussion, and seems to commend itself to the approval of many of
PUBLIC PAPERS OF GOVERNOR FLOWER. 6 1
our citizens. I cannot but think that this is a super- ficial conclusion, formed upon impulse and based upon theoretical rather than practical conditions. It has become too much the tendency of our time to appeal to the federal government for the correction of all evils, the accomplishment of all public works, and the performance of all public functions. I confess that I am not yet convinced that the old-fashioned JefEer- sonian theory of self-government must be laid aside for the adoption of a centralized government exercising a great variety of functions which the States or the people can best discharge for themselves.
All departures from the Jeffersonian idea have been made upon impulse in the name of the public welfare, and the present agitation for an exclusive national quarantine finds justification in the same plea. While it may be conceded that there would be advantages in such a quarantine, I question whether the people of this State would willingly intrust so important a matter as the preservation of the public hqalth to the exclusive jurisdiction of the federal government. With as much reason could the people of the State be asked to surrender to the federal government the control of their militia, or the people of New York or Brooklyn be asked to surrender< to the State.., govern- ment the control of their local police. Jurisdiction over the public health is analogous to jurisdiction over public order and should be kept as closely within the control of the State. The people of other States, to be sure, are closely concerned lest disease find an entrance to the country through the State of New York, but so
62 PUBLIC PAPERS OF GOVERNOR FLOWER.
they are lest railroad traffic be stopped for days or weeks because of a riot in this State, and the remedy is no more to be found in the federal goverment's usurping the quarantine powers of the State in the one case than it is in the federal govenment's usurp- ing the police powers of the State in the other case. Inefficiency of State quarantine or inefficiency of State militia is no reason in itself for supremacy of federal quarantine or for supremacy of federal jurisdiction over State militia. The people of each State are more vitally interested in the preservation of health and the preservation of order within their own borders than the people of other States, and better service will be secured from administrative officers who are directly accountable to the people of their own State and locality than to the federal government.
I am not opposed to a national quarantine, but to an exclusive national quarantine, such as is urged in contemporary discussion. There is a field in which the federal government must exercise quarantine powers. This field offers opportunity for realizing all the advantages urged for an exclusive national quarantine, without incurring any of the disadvantages. Our great danger from cholera and other pestilent diseases is not from their origin in this country, but from their introduction from abroad. The important thing, therefore, is to prevent this foreign invasion. The federal government already has it within its power, through its consular service, to exercise as stringent a quarantine against the importation of infectious and contagious diseases into this country
'PUBLIC PAPERS OF GOVERNOR FLOWER. 63
as could be accomplished in any other way. Except at its own peril no vessel containing infected baggage, freight or passengers can leave any foreign port for this country without the connivance or neglect of federal officers. Every consul, his agent or medical representative, is compelled by law to ascertain whether a vessel sailing for this country is entitled to a clean bill of health, and without that clean bill of health and consular certificate the owners of every vessel know that it is impossible for her to enter the port of New York. Why did cholera reach the port of New York last summer? Because of the failure of United States consuls to discharge their full duty — because of the failure of federal quarantine. Why did cholera practically not get beyond the gates of our harbor? Because of the efficiency of the State and local quarantine.
Not a case of cholera came from Bremen, because the medical inspection there under the direction of the United States consul was competent and alert. But at Hamburg the steamship companies were practically their own medical inspectors, and from that port came nearly all our cholera.
It is absurd to think that any quarantine. State or national, at the port of New York can forever cope successfully with cholera if steamship companies are allowed to deposit shipload after shipload of infected immigrants and baggage at our quarantine station without restriction exercised at the place of departure. The place to detain cholera is on the other side of the ocean, not in New York bay. The quarantine
64 PUBLIC PAPERS OF GOVERNOR FLOWER..
facilities here can easily be made amply sufficient to handle all cases of disease which may have broken out aboard ship after departure from the place of sailing. A rigid system of inspection at foreign ports, under the direction of the consular service, would form the best kind of national quarantine. As for the rest, it can safely be left to State jurisdiction and control. A complete federal quarantine within the legitimate field of federal power will fitly supplement a com- plete State quarantine within the natural field of State power, and both supplementing each other in this way will afford the securest protection to the public health.
Careless Engrossing and Construction of Legis- lative Bills.
I particularly urge upon the attention of the Legis- lature the necessity of an improvement in the construction and engrossing of bills. No less than seventy-two bills which reached the Executive Chamber last year during the legislative session were so faultily drafted that they had to be recalled for the correction of merely verbal or rhetorical errors, and similar defects prevented many measures from receiving Executive approval during the thirty, days after the Legislature had adjourned. These do not include a vastly greater number which contained engrossing errors — errors in transcribing from the bills actually passed — and which were sent back to the engrossing rooms for correction.
PUBLIC PAPERS OF GOVERNOR FLOWER. 65
It is no business of the Governor to extend his scrutiny beyond the engrossed bill, but had he followed this strict interpretation of his duty during the last session, the printed Laws of 1892 would be a standing contradiction of the journals of the two houses, and would have overwhelmed the law-making body with the censure and ridicule of the people of the State.
The interest of clean and clear legislation demands a radical reform in this direction. Either the com- mittees of the Legislature should exercise greater care in the construction of bills and more competent men should be placed in the engrossing rooms, or legislative counsel should be provided for consultation in the drafting of bills and the antiquated method of engross- ing bills be done away with. Either or both changes would make the Executive Chamber less of a factory for renovating and reconstructing defective bills.
ROSWELL P. FLOWER. 5
66 PUBLIC PAPEJiS OF GOVERNOR FLOWER.
CERTIFICATE OF ELECTION OF UNITED STATES SENATOR MURPHY.
State of New York.
Executive Chamber.
To THE President of the Senate of the United States : In obedience to the statute of the United States, the Executive of the State of New York certifies that Edward Murphy, Junior, an inhabitant of said State and of the age of thirty years and upward, and who has been nine years and more a citizen of the United States, was, by the concurrent vote of the two branches of the Legislature of the State of New York, on the eighteenth day of January, 1893, duly elected in conformity to the provisions of the Constitution and Laws of the United States a Senator to repre- sent the State of New York in the Senate of the United States for the term of six years commencing on the fourth day of March, 1893.
Given under my hand and the great seal of
the State of New York, at the Capitol in [l. s.] the city of Albany, this first day of February
in the year of our Lord one thousand eight
hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
Frank Rice,
Secretary of State.
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MEMORANDUM FILED WITH SENATE BILL No. 107, MAKING APPROPRIATION FOR CONTINUING WORK ON THE CAPITOL.— APPROVED.
State of New York.
Executive Chamber,
Albany, January 30, 1893.
Memorandum filed with Senate bill No. loy, entitled^' An act making an appropriation for continuing work upon the Capitol. ' ' — - Approved.
This bill appropriates $700,000 to be expended toward the completion of the Capitol. In approving a larger appropriation last year I quoted the estimate of the Commissioner of the Capitol that the total amount needed for the completion of the structure was then $2,251,025.32, and that by the expenditure of $800,000 that year, $700,000 this year and the remainder $750,000 next year, the Capitol would be finally completed. I stated then that in my judgment a proper regard for economy requires the speedy completion of the building, and in line with that policy I cheerfully approve this additional appropria- tion. The experience of the year just ended shows that a large appropriation can be expended to better advantage than a succession of small appropriations, and the advance in the work made under last year's appropriation gives assurance that the estimate of the Commissioner of the Capitol will cover the total cost of completing the structure.
ROSWELL P. FLOWER.
68 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, SENATE BILL No. 67, TO LEGALIZE ACTS OF BROOKLYN AND KINGS COUNTY OFFICIALS RELATING TO THE COLUMBUS CELEBRATION.
State of New York.
Executive Chamber,
Albany, February 6, 1893. To THE Senate:
Senate bill No. 6^, entitled "An act to legalize, to
ratify and confirm certain acts of the county of
Kings and its board of supervisors and the public
officers of said county, and certain acts of the city
of Brooklyn and its board of aldermen and the public
officers of the said city, in the joint celebration of
the completion of the soldiers and sailors' memorial
arch and of the discovery of America, held in the
city of Brooklyn and county of Kings in October,
1892," is herewith returned without approval for the
following reasons :
I. The bill appears to be in violation of article 3, section 16 of the Constitution, which provides: "No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title." This measure legalizes and ratifies certain acts of the board of aldermen and public officers of the city of Brooklyn, and also certain other acts of the board of super- visors of the county of Kings — thus embracing two subjects within the same local bill.
PUBLIC PAPERS OF GOVERNOR FLOWER. 6g
2. The bill is of questionable propriety, and, in my judgment, its enactment would be averse to the best public interests of the city of Brooklyn, the county of Kings, or, indeed, of the entire State.
The Legislature is often called upon to legalize and ratify acts of officials done in some critical emergency without precise authority of law, or to correct certain technical failures to comply with the full provisions of law, either through inadvertence or ignorance. Bills of this kind are made necessary at nearly every legislative session and in most cases it is quite proper that they should be enacted.
But the case in question presents a particularly flagrant violation of law committed under circum- stances which scarcely justify wholesale ratification by the Legislature.
So far as the actions of the board of aldermen and public officers of the city of Brooklyn are con- cerned, these circumstances were about as follows :
The common council, recognizing its inability to incur bills against the city without warrant of law and desiring to make provision for the celebration of the four hundredth anniversary of the discovery of America, passed on March twenty-first last, the following resolution :
" Resolved, That the corporation counsel be and he hereby is authorized and directed to prepare a bill to be presented to the Legislature for its passage, authorizing the comptroller of this city to transfer the sum of thirty thousand dollars from the revenue fund to the contingent fund of the board of alder- men, the said sum, or so much thereof as may be
70 PUBLIC PAPERS OF GOVERNOR FLOWER.
necessary, to be used in payment of expenses to be incurred by said city for the celebration of the four hundredth anniversary of the discovery of America."
No such legislation was ever obtained, but the committee of aldermen, appointed to arrange for the celebration and directed to confer with the mayor, went ahead and made the plans and incurred the expenditures without authority of law and apparently with the knowledge that they had no authority of law for their actions.
But this was not all. The charter of Brooklyn prescribes that " all contracts and agreements by which the city shall be held liable to pay money shall be under the authority of the common council " (except in certain specified instances) and that no contract for work or material exceeding $250 shall be given out except to the lowest bidder upon public advertisement for bids. Notwithstanding this provision, bills exceed- ing $250 and aggregating altogether about $50,000 were incurred by this committee of the board of aldermen, without contract and without bids being invited by public advertisement.
Moreover, the charter again provides that " no bill or claim shall be audited unless the same be made out in items." As a matter of fact most of the bills were not made out in items but were stated in most general terms and were thus received, audited and paid by auditor, mayor and comptroller. They have since been shown to be very extortionate, if not fraudulent — a fact which would have been more readily revealed had the separate items been stated.
PUBLIC PAPERS OF GOVERNOR FLOWER. 71
Again, the charter prohibits the mayor from signing any warrant or other obligation unless a proper voucher therefor shall have been first "examined and certified to by him." He naturally could not certify properly to unitemized bills, yet the bills in question received his certification in their illegal form.
Thus the most fundamental safeguards for economy and honesty in the administration of the government of Brooklyn were unjustifiably broken down and ignored by aldermen and public officers of the city. The restrictions imposed by the charter on the expenditure of public money were too familiar features of municipal government to permit a justification of these illegal acts upon the ground of ignorance. Such ignorance would be inexcusable, and such lax administration of public affairs and such careless custody of public money ought not to be encouraged by hasty legalizing acts, of the Legislature.
The circumstances under which the county bills were incurred by the board of supervisors were scarcely more favorably for a legislative justification of the illegal acts than those under which the city bills were incurred.
I not only doubt the propriety, as it affects the public interests, of legalizing and confirming such careless and perhaps criminal acts of public officers, but I question whether the bill would not, if enacted prevent any successful criminal prosecution against officials who may have been guilty of penal offences in their relations to this local scandal. I know that the bill does " not purport to exonerate any officials
72 PUBLIC PAPERS OF GOVERNOR FLOH'ER.
from criminal prosecution, and has a provision in it to
guard against sucli a result ; but this provision is
artfully worded and I doubt seriously whether it would
be effective after " the procedure of the payment of
all expenses " has been ratified and confirmed by
legislation. Legislation should not be doubtful in its
terms at any time, but particularly when such grave
interests are at stake. If local officials are guilty of
misconduct the law should take its course and no
legislative aid should be invoked to save them.
To legalize and confirm such flagrant misdeeds of
local officers would be to encourage municipal officers
everywhere in maladministration. To fix on them the
civil and criminal liability of their illegal acts will be
to inculcate a wholesome lesson through all municipal
governments.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 73
MEMORANDUM FILED WITH ASSEMBLY
BILL INTRODUCTORY No. 374, RELATING
TO SUPERVISORS IN KINGS COUNTY.— APPROVED.
'State of New York.
Executive Cliamber,
Albany, February 11, 1893.
Memorandum filed with Assembly bill introductory No. jfd, entitled " An act to ainend section eighteen of title three of chapter five hundred and eighty-three of the Laws of eighteen hundred and eighty-eight, entitled ' A n act to revise and combine in a single act all existing special and local laws affecting public interests in the city of Brooklyn^ relating to filling vacancies in the office of supervisor." — Approved.
The sole object of this bill is to provide for filling vacancies in the offices of the supervisors of Kings county who are elected from the city of Brooklyn. Heretofore the only method of filling such a vacancy for the remainder of an unexpired term has been by special election. This bill proposes that the common council of the city of Brooklyn shall fill such vacancies by appointment for the remainder of the unexpired term. As the remainder of an unexpired term is but a short period at best, and, under the new- election laws, the expense of the special election is very burdensome, the change proposed by this bill from special election to appointment by the common council is certainly in the interests of economy, and ought to result in as judicious a selection as the exist-
74 PUBLIC PAPERS OF GOVERNOR FLOWER.
ing method. The only serious objection made to the bill has been, not upon its merits, but upon constitu- tional grounds.
Article lo, section 5 of the Constitution authorizes the Legislature to provide for filling vacancies in elective offices by appointment. Other provisions of the Con- stitution provide that supervisors shall be originally elected and that the Legislature shall not pass a private or local bill providing for their election. It is obvious from these references that this bill is entirely consistent with the constitutional system, that super- visors shall be originally elected in pursuance of general laws, but that the Legislature may provide either by general or special law for filling vacancies in such otfices either by appointment or by special
election.
ROSWELL P. FLOWER.
MESSAGE RELATING TO THE USE OF BUTTERINE IN STATE HOSPITALS.
State of New York.
Executive Chamber,
Albany, February 16, ^893. To THE Legislature :
The Dairy Commissioner has called my attention to the discovery made by his subordinate officers that about two tons of "butterine," — so-called and labeled,, but pronounced by the Chemist of the Dairy Commis- sion to be "oleomargarine," — have been purchased by direction of the superintendent of one of the State
PUBLIC PAPERS OF GOVERNOR FLOWER. 75
hospitals for the use of the inmates of that institution in the place of genuine butter. I have referred the matter to the State Commissioners in Lunacy, for them to take such action in reference to this particular case as may seem to them proper, but the discovery reveals a serious omission in the existing law against the sale and manufacture of adulterated dairy products, namely, that at present there is no prohibition against the use of such products in the State institutions.
It would certainly be a paradoxical condition of affairs that when the State is spending thousands of dollars every year for the suppression of traffic in oleomargarine, the public institutions of the State should be permitted to encourage that illegal traffic. So long as it is the declared policy of the State to protect the public from imposition in the sale of dairy products, thereby protecting as well our 250,000 farmers in an honest and legitimate industry, no opportunity should be allowed those in charge of public institutions to frustrate the carrying out of that policy. That any public officers should thus defy the declared policy of the State is strange and inde- fensible, even though done in ignorance as was probably the case in this instance, but proper legisla- tive precaution would suggest the absolute prohibition hereafter of the purchase or use of adulterated or imitation dairy products by any State institution.
I respectfully recommend to your consideration the enactment of such an amendment to the existing laws as will accomplish this object.
ROSWELL P. FLOWER.
76 PUBLIC PAPERS OF GOVERNOR FLOWER.
MEMORANDUM FILED WITH ASSEMBLY BILL No. 202, TO INCREASE THE SALARY OF THE SURROGATE OF RENSSELAER COUNTY.— APPROVED.
State of New York.
Executive Chamber,
Albany, February 21, 1893.
Memorandum filed with Assembly bill No. 202, entitled "An act to ame7id subdivision thirty-nine, section two hundred and twenty -two of the county law." — Approved.
Essentially the same bill as this came before me last year and was not approved because there was not before me at that time any satisfactory evidence that the people of the county of Rensselaer desired the compensation of their surrogate increased. At that time I expressed my convictions with reference to legislative measures increasing the salaries of local officers as follows : " I believe that as a rule all salaries and the compensation of local officers should be regulated by the localities themselves. The people who pay the taxes are the best judges of what that compensation should be. So far as is possible general laws should be passed relegating this jurisdiction to the proper local authorities." I pointed out, however, that in the case of county judges and surrogates this reform could only be accomplished by constitutional amendment, but I refrained from approving the bill until there should be a definite expression of opinion from the board of supervisors of Rensselaer county in
PUBLIC PAPERS OF GOVERNOR FLOWER. 77
favor of the proposed increase in the surrogate's salary. The sentiment of the board of supervisors is now well reflected in the petition which has been filed with me signed by twenty-two members of the board requesting my approval to this measure. In addition to this there has also been filed with me a long petition signed by leading members of the Rensselaer county bar making a similar request. The sentiment of the locality having been so clearly manifested, therefore I have no hesitation in approving the bill.
ROSWELL P. FLOWER.
PROCLAMATION ORDERING A SPECIAL ELEC- TION IN THE NINTH SENATE DISTRICT.
State of New York.
Executive Chamber.
Whereas, a vacancy exists in the office of State Senator for the Ninth Senate District of the State of New York in consequence of the death of Edward P. Hagan.
Therefore, by virtue of the ' authority vested in me, a special election is hereby ordered to be held in and for the said Ninth Senate District, as the same was constituted prior to April 30, 1892, on Tuesday, the 21st day of March next, for the purpose of choosing a Senator in the place of said Edward P. Hagan, deceased, whose term of office began on the ist day of January, 1892, and will expire on the 31st day of December, 1893.
78 PUBLIC PAPERS OF GOVERNOR FLOWER.
Given under my hand and the privy seal of the
State, at the Capitol in the city of Albany,
[l. s.] this twenty-third day of February in the year
of our Lord one thousand eight hundred and
ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
VETO, ASSEMBLY BILL No. 144, PROVIDING FOR
A CANAL BRIDGE AT PHCENIX, OSWEGO
COUNTY.
State of New York.
Executive Chamber,
Albany, March 22, 1893. To THE Assembly:
Assembly bill No. 144, entitled "An act to authorize the construction of a bridge over the Oswego canal, at Bridge street, in the village of Phoenix, New York," is herewith returned without approval.
I am informed by the Superintendent of Public Works, who has caused an examination to be made, that the present bridge can be placed in good con- dition at an expense of $100, and that in his judg- ment there is no necessity for the construction of a new bridge. The appropriation of $5,000 is there- fore disapproved.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 79
VETO, ASSEMBLY BILL No. 58, PROVIDING FOR
AN EVENING HIGH SCHOOL IN NEW YORK
CITY.
State of New York.
Executive Chamber,
Albany, March 23, 1893. To the Assembly:
Assembly bill No. 58, entitled "An act to provide for an evening high school in the city of New York," is herewith returned without approval.
This bill has received the unanimous opposition of the board of education of Ncav York city. The board already has power to increase the number of evening high schools, whenever in its judgment addi- tional educational facilities of this kind are needed. Already four of these institutions have been thus established, and, in the opinion of the board of educa- tion, there is at present ample accommodation for the class of students for whom these schools are intended. The enactment of this measure would be an unwise interference with the functions of the local
board.
ROSWELL P. FLOWER.
8o PUBLIC PAPERS OF GOVERNOR FLOWER.
MEMORANDUM FILED WITH ASSEMBLY BILL No. 877, FOR SANITARY PROTECTION OF THE WATER SUPPLY OF NEW YORK CITY.— APPROVED.
State of New York.
Executive Chamber,
Albany, March. 23, 1893.
Memorandum filed with Assembly bill No. Sjy, entitled "An act to provide for the sanitary protection of the sources of the water supply of the city of New York." — Approved.
There is practically no objection to the enactment of this bill, but a statement has been filed with me by a committee representing the New York Academy of Medicine, which critizes the measure in respect to its alleged failure to provide for the immediate sanitary protection of the water supply of the city. It is argued by this committee, with considerable force, that the proposed process of securing protec- tion by condemnation of lands in the Croton water- shed, while good so far as it goes, is too slow a method to prevent danger of cholera infection during the coming summer, and it is urged that either a commission or the superintendent of public works should be invested with broad enough powers to permit the summary removal or abatement of what- ever causes of infection may exist. The city author- ities, on the other hand, contend that such powers are already conferred on the superintendent of public
PUBLIC PAPERS OF GOVERNOR FLOWER. 8 1
works by existing provisions of the consolidation acty and are properly supplemented by this pending measure.
It will be conceded by all citizens that the amplest measures of relief should be provided to guard the water' supply of New York from pollution. In the event of the outbreak of cholera in the vicinity of New York the greatest danger of a spread of the disease will be in the contamination of the water, for cholera germs find a favorable opportunity for development in that medium. No sanitary precau- tions within the city could stop the epidemic if the water supply once became infected with the germs of this disease. If there is any doubt, therefore,- as to the sufficiency of powers vested by this act or by existing laws in the loc^l authorities for the sanitary protection of the watershed, the Legislature should not hesitate to remove that doubt by the enactment of a supplementary measure suitably comprehensive in its terms. No important difference of -legal opinion should be allowed to exist in the presence of so great a possible danger. It is better always to legislate on the side of safety, and the preserva- tion of the public health is too serious a matter to risk by allowing any ambiguity to remain in the law.
ROSWELL P. FLOWER.
82 PUBLIC PAPERS OF GOVERNOR FLOWER.
MEMORANDUM FILED WITH ASSEMBLY BILL No. i6o, PROVIDING FOR THE CARE OF THE INDIGENT INSANE BY THE STATE.— APPROVED.
State of New York.
Executive Chamber,
Albany, March 25, 1893,.
Memorandum filed with Assembly bill No. 160, entitled ''An act to appropriate money for the care, medical treatment, clothing, support, transportation to State hospitals of the insane poor, under the provisions of chapter 126 of the Laws of iSgo." — Approved.
This bill marks an epoch in an important matter of State policy. It is the culmination of the agitation ■which has gone on in this vState during many years for the State care of the indigent insane. The so- called State Care Act of 1890, prescribed that when accommodations in State hospitals should be provided for all the insane poor, the cost of clothing, main- tenance, care, treatment, salaries of officers and employees, and transportation of the insane should cease to be a charge upon the counties of the State and should become a direct charge upon its revenues from funds to be specifically raised for that purpose. In December last the certificate required by law was made that accommodations would be in readiness by the first of October, 1893, and this bill provides the necessary tax and appropriation for carrying the State Care Act into effect.
PUBLIC PAPERS OF GOVERNOR FLOWER. 83
Heretofore each county has boarded its poor insane in the State hospitals at rates which, for many years, were arbitrarily fixed by each local board of man- agers, but which subsequently were made uniform throughout the State by the Commission in Lunacy. The amounts of these board bills were required to be raised each year by the board of supervisors of each county, and the money was turned into the hospital treasury. The counties will now be relieved from local taxation for this purpose. The tax of one-third of a mill, imposed by this bill, will yield in round numbers $1,350,000, which together with the sum raised from the patients, whose support is paid by relatives and friends, and the sum received from miscellaneous sources, will amply provide for the expenses of the State hospitals for the fiscal year beginning with the first day of October, 1893. So long as New York and Kings counties refuse to avail themselves of the privileges of State care the saving to the remaining counties will average more than fifty per cent.
In order that the people may see for themselves just how this redistribution of taxation affects the various counties, I make no excuse for inserting here a table showing the relative cost to each county under the old county care system and under the new State care system. This table is as follows:
84
PUBLIC PAPERS OF GOVERNOR FLOWER.
COUNTIES.
Albany
Allegany
Broome
Cattaraugus .
Cayuga
Chautauqua . .
Chemung
Chenango . . . ,
Clinton
Columbia
Cortland
Delaware
Dutchess
Erie
Essex
Franklin
Fulton
Genesee
Greene
. Hamilton
Herkimer
Jefferson
Kings
Lewis
Livingston. . . .
Madison
Monroe.. . . .. .
Montgomery .
New York
Niagara
Oneida
Onondaga
Ontario
Orange ...
Orleans
Oswego
Cost by- county tax.
Cost by State tax.
Gain.
$84,500 12,844 21,111 13,013 26,181 19,128
20,773
15,027
13,168
20,266
8,760
16,210
42,898
109,977
7,943
8,943
14,168
6,253 12,464
1,014 11,295 16,534
11,478
13,999 15,858 80,107 19,083
23,660 76,050
49,743 19,942 34,462 5,408 25,012
$30,076 4,745 9,192
5,217 10,066
9,137 7,040 5,458 2,603
9,193 3,348 4,395 14,735 68,103 4,530 2,696 3,658 6,999 4,281
435 6,844 8,716 154,046 2,650 8,785 6,468
40,351
8,249
596,288
9,628
17,539
24,305 9,696
14,624 4,944 7,907
$54,424 8,099
11,919 7,796
16,115
9,991 13,733
9,569 10,565 11,073
5,412 11,815 28,163 41,874
3,413
6,247 10,510
Loss.
8,183
579
4,451
7,818
8,828
5,214
9,390
39,756
10,834
14,032 58,511 25,438 10,246 19,838 464 17,105
$746
154,046
596,288
PUBLIC PAPfiRS OF GOVERNOR FLOWER.
85
|
COUNTIES. |
Cost by county tax. |
Cost by State tax. |
Gain. |
Loss. |
|
Otsego Putnam Oueens |
$14,520 4,887 50,644 64,347 15,589 10,802 19,252 21,449 10,802 9,802 8,943 15,351 27,519 23,970 11,309 11,309 12,830 37,152 8,605 11,478 14,337 59,770 3,887 9,957 |
$6,968 2,325 20,461 21,073 4,593 4,433 9,052 7,842 4,504 3,458 2,219 4,976 8,795 6,570 1,750 3,969 4,241 8,516 2,514 6,218 8,073 31,953 5,240 3,867 |
$7,552 2,562 30,183 43,274 10,996 6,369 10,200 _ 13,607 6,298 6,344 6,724 10,375 18,724 17,400 9,559 7,340 8,589 28,636 6,091 5,260 6,264 27,817 |
|
|
Rensselaer Richmond Rockland. |
||||
|
St. Lawrence Saratoga Schenectady |
||||
|
Schiivler |
||||
|
Seneca .... |
||||
|
Steuben |
||||
|
Suffolk |
||||
|
Sullivan Tioga |
||||
|
Tompkins Ulster |
||||
|
Washington |
||||
|
Westchester |
||||
|
$1,353 |
||||
|
Yates |
6,090 |
|||
As I said in my message to the Legislature at the beginning of the present session, "the great danger of this assumption of responsibility and expense by the State is maladministration. Corruption, extravag- ance and the improper injection of politics into hospital management will be constant foes, which, if not combated and overcome, will bring reproach upon the State." With a view to establishing abundant safe-
86 PUBLIC PAPERS OF GOVERNOR FLOWER.
guards around the expenditure of this vast smn of money I recommended legislative provision compelling the purchase of all supplies on advance monthly estimates which should have the scrutiny of the State Commission in Lunacy. This suggestion, I am pleased to note, the Legislature has incorporated in the bill, besides imposing additional safeguards to promote economy of administration. The people are to be congratulated that the assumption of this great responsibility by the State has thus been placed upon a business-like and economical basis. The revelations of the recent investigation into the affairs of the Hudson River State Hospital at Poughkeepsie have demonstrated, if demonstration were needed, the necessity of maintaining the strictest system of financial administration. Under the provisions of this bill there can exist no purchases of supplies at a higher cost than the market values, and competition will prevail against favoritism and incompetent financial manage- ment. The superintendents of the various hospitals will meet each month with the Commission in Lunacy for an exchange of views and with the purpose of promoting uniformity in the purchase of supplies. These safeguards, inciting and insuring economical methods, are vital to the permanence of the system of State care of the insane.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 8/
VETO, SENATE BILL No. 187, TO AMEND, THE CHARTER OF THE ONONDAGA HISTORICAL ASSOCIATION, AND
SENATE BILL No. 155, TO AMEND THE CHAR- TER OF THE SOUTH SIDE SPORTSMEN'S
CLUB.
State of New York.
Executive Cham'ber,
Albany, March 27, 1893. To THE Senate :
Senate bill No. 187, entitled "An act to amend an act, entitled ' An act to incorporate the Onondaga historical association, passed April twenty-ninth, eigh- teen hundred and sixty-three ; ' " and Senate bill No. 155, entitled "An act to amend chapter three hundred and forty-six of the laws of eighteen hundred and sixty-six, entitled ' An act to incorporate the Southside Sportmen's Club of Long Island,' " are herewith returned without approval.
These bills are unnecessary. See section 12 of the General Corporation Law, and Laws of 1889, chapter 191, as amended by chapter S53 of the Laws of 1890.
ROSWELL R FLOWER.
88 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL No. 725, TO AMEND THE CHARTER OF THE CITY OF ROCHESTER.
State of New York.
Executive Chamber,
Albany, March 28, 1893. To the Assembly :
Assembly bill No. 725, entitled " An act to repeal section one hundred and sixty-nine of chapter one hundred and forty-three of the Laws of eighteen hundred and sixty-one, entitled ' An act to amend and consolidate the several acts in relation to the charter of the city of Rochester,' " is herewith returned with- out approval.
The section of the charter of Rochester which this bill repeals, prohibits the common council from laying out any street so as to run across or over the site of any building of the value of fifty thousand dollars,, without having obtained the consent of the owner of such building in writing, or, without having purchased the building. This provision of the charter seems to me to be wholesome and proper, and I am informed that there is no general sentiment among the people of the city in favor of its repeal. Under these circum- stances, and in view of the fact that the bill appears to be urged in order to meet a particular case — namely, the opening of a street through land now occupied by a public library — I feel compelled to heed the protest which has been filed against my approval of the measure, and to return the bill to the Assembly.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 89
VETO, ASSEMBLY BILL No. 162, TO AMEND THE EXECUTIVE LAW.
State of New York.
Executive Chamber,
Albany, April 3, 1893. To the Assembly:
Assembly bill No. 162, entitled " An act to amend the Executive Law," is herewith returned without approval.
The change in the law sought to be accomplished by this bill has already been made by chapter 248 of the Laws of 1893. The proposed legislation is there- fore unnecessary.
ROSWELL P. FLOWER.
DESIGNATION OF JUDGE PARKER TO THE GENERAL TERM, FIRST DEPARTMENT.
State of New York.
Executive Chamber.
In accordance with the statute in such case made and provided, the Honorable Alton B. Parker, a Justice of the Supreme Court of the Third Judicial District, is hereby designated as Associate Justice of the General Term for the First Department of the Supreme Court from and after the date hereof, in the place of the Honorable Willard Bartlett, whose designation as such Associate Justice was, at his own request, revoked.
go PUBLIC Papers of governor flower.
Given under my hand and the privy seal of the [L. s.] State, at the Capitol in the city of Albany,
this fifth day of April, A. D. 1893.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
MESSAGE RELATING TO PRESERVATION OF FORESTS ON STATE LANDS.
State of New York.
Executive Chamber,
Albany, April 10, 1893. To THE Legislature:
I desire to call the attention of the Legislature to a matter of vital concern to the preservation of the State's forest preserve.
There are now on file in the Comptroller's ofiice over 300 applications for the cancellation of tax sales of Adirondack lands, covering about 150,000 acres of State lands in that wilderness. Unless chapter 217 of the Laws of 1891, under which these applications are filed, is speedily and radically amended, the State is likely to be deprived of this great area of forest land and one-third of its present holdings in the Adirondack Park will be turned over to the devasta- tion of lumbermen.
That would be a calamity to be regretted by every friend of forest preservation, and to permit it to
P UBLIC PAPERS OF GO VER NOR FLO WER. 9 1
happen without opposition or protest would justly- subject the Legislature to severe criticism.
Let me explain the exact situation which confronts the State to-day. By innumerable tax sales in years gone by, the State has come into possession of about 900,000 acres of forest lands. Prior to the passage of chapter 217 of the Laws of 1891 the only person who could compel the Comptroller to cancel a tax sale was the purchaser at such sale. The proceedings for the cancellation of tax sales were held to be for the pur- pose of affording relief to persons who purchased at such sales and paid their money to the State in good faith and afterwards discovered that, through some defect in the proceedings by which the tax was levied, the sale was ineffectual to pass title to the purchaser. Upon the cancellation of such a sale the purchase money is refunded to the purchaser.
In a proper case the Comptroller has power to cancel such sales where he discovers that the proceedings are so irregular as to pass no title to the purchaser, although the application is not made by the pur- chaser, but the only person who could compel the Comptroller to act prior to the passage of chapter 217 of the Laws of 1891 was the purchaser.
By this statute, however, the following amendment to the existing laws was inserted :
" All applications heretofore or hereafter made to the Comptroller for the cancellation of any tax sale by any person interested in the event thereof, shall be heard and determined by him," etc.
The general term of the third department has just
92 PUBLIC PAPERS OF GOVERNOR FLOWER.
decided that this amendment makes a radical change in the law, the effect of which is to compel the Comp- troller to take and pass upon all pending applications for cancellations if made by any person interested in the lands to be affected by the application. It was this amendment of 1891, enacted apparently without a clear understanding by the Legislature of the scope of its provisions, which has brought this flood of appli- cations for cancellations to the Comptroller's office, and which now threatens the State with a loss of nearly every acre of forest land acquired by tax sale.
The amendment was not in the interest of wronged or innocent owners — they had then and have now their means of redress — but in the interest of land and timber speculators, who by acquiring some remote interest in the lands sold and by proving some tech- nical defect or oversight in the original assessment of taxes or in the tax sale might be able to cancel the sale and for a mere song get possession of lands long held by the State without dispute over title.
There is now pending in the Legislature a bill to correct this evil by amending the present law so as to restore the conditions of cancellation existing prior to 1 89 1. There remain but two weeks of the legisla- tive session and this measure is still unacted upon. It naturally is opposed by selfish interests which seek to profit by the present law. But the interests of a half dozen individuals — for this small number is said to include all the persons who are financially concerned
in the 300 applications for cancellations now on file
should not control the action of the Legislature against
PUBLIC PAPERS OF GOVERNOR FLOWER. 93
the broader interests of six millions of people. I sin- cerely trust that no adverse influences will defeat the passage of this bill at the present session, but that the Legislature will supplement the great public ser- vice which it has just rendered in the enactment of the Forestry Law by interposing its fiat against the par- tial destruction of the Adirondack Park now threatened.
ROSWELL P. FLOWER.
VETO, SENATE BILL No. 292, PROVIDING FOR A FISH HATCHERY ON WATKINS CREEK.
State of New York.
Executive Chamber,
Albany, April 12, 1893. To TiiE Senate :
Senate bill No. 292, entitled " An act authorizing the commissioners of fisheries to establish a fish hatchery on Watkins creek, in the county of Oneida, and making an appropriation therefor," is herewith returned without approval, for the reason that the expenditure is not deemed advisable at the present time. Already one additional fish hatchery has been provided for by the Legislature during the present session and a bill, which I shall approve, is now pending before me for the establishment of still another. These ought to be sufficient for the pur- poses of fish propogation for the present and I do not think the interests of economy justify this addi- tional appropriation this year.
ROSWELL P. FLOWER.
94 PUBLIC PAPERS OF GOVERNOR FLOIVER.
IN THE MATTER OF THE CHARGES
PREFERRED AGAINST SHERIFF HOXSIE
OF ONONDAGA COUNTY.— NOTICE AND
SUMMONS.
State of New York.
Executive Chamber.
In the matter of the charges against John A . Hoxsie, Sheriff of the county of Onondaga. — Notice and summons.
To John A. Hoxsie, Sheriff of the County of Onondaga :
You are hereby notified that charges of misconduct in office and neglect of duty have been preferred against you by Edward N. Packard as president and Herbert A. Manchester as secretary of the Ministerial Association of Syracuse in this State, and a copy of such charges is herewith served upon you.
You are therefore required to show cause why you should not be removed from the office of sheriff of the county of Onondaga, and to answer the said charges within eight days after service of this order and a copy of said charges upon you.
In witness iArhereof I have signed my name and
afhxed the privy seal of the State, at the
[l. S.J Capitol in the city of Albany, this fourteenth
day of April in the year of our Lord one
thousand eight hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
PUBLIC PAPERS OF GOVERNOR FLOWER. 9S
VETO, SENATE BILL No. 337, ESTABLISHING A MEMORIAL HALL AT WHITE PLAINS.
State of New York.
Executive Chamber,
Albany, April 17, 1893. To THE Senate:
Senate biU No- 337> entitled "An act to establish the memorial hall of the State of New York at White Plains," is herewith returned without approval.
The design of this bill is to secure the erection of a memorial hall by the State, at a cost of $25,000, on the site of the old court-house at White Plains, in which the Declaration of Independence was formerly ratified and approved by the Provincial Congress of the Colony of New York.
I am in thorough sympathy with those patriotic impulses which would perpetuate in suitable manner the memory of historic places and events. Such manifestations of praiseworthy sentiment serve to stimulate patriotism. But it seems to me that move- ments of this kind should originate and be carried out, as far as possible, by the people of the locality in which the memorial is to be placed. There is, I am sure, sufficient pride and public spirit in Westchester county to secure the object sought to be accomplished by this bill without recourse to State aid. There are a dozen other historic places which have an equal claim for patriotic recognition by the State, and if one is honored by State appropriation another must be. The result is likely to be much more satisfactory when
96 PUBLIC PAPERS OF GOVERNOR FLOWER.
patriotic purposes of this kind are accomplished
spontaneously and voluntarily by the people of the
vicinaee.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 102, PROVIDING FOR A STATUE OF HENRY HUDSON.
State of New York.
Executive Chamber,
Albany, April 17, 1893. To the Assembly :
Assembly bill No. 102, entitled " An act to provide for the construction of a statue of Hendrick Hudson on Polopels island in the Hudson river, and appro- priating money therefor," is herewith returned without approval for reasons similar to those contained in nay message to the Senate of this date, disapproving Senate Bill No. 337, entitled " An act to establish the Memorial Hall of the State of New York, at White
Plains."
ROSWELL P. FLOWER.
IN THE MATTER OF CARLYLE HARRIS.— APPOINTMENT OF A COMMISSIONER.
State of New York.
Executive Chamber.
Application for executive clemency having been made to me by and in behalf of Carlyle W. Harris, who
PUBLIC PAPERS OF GOVERNOR FLOWER. 97
■was convicted in the county of New York of the crime of murder in the first degree and was thereupon sentenced to be executed, I do hereby nominate and appoint George Raines, an attorney and counsellor at law of the city of Rochester, N. Y., to conduct the hearing in the matter pertaining to said application for clemency, and to take proof of the facts and circum- stances relating thereto and the testimony of all witnesses who may be produced before him ; and upon the conclusion of the hearing to forward to me without delay the testimony so taken ; and
I do hereby order and direct that for the purposes aforesaid the said George Raines, have and exercise power and authority as provided by chapter 213 of the Laws of 1887.
In witness whereof I have hereunto signed my name and affixed the privy seal of the State, [l. s.] at the Capitol in the city of Albany, this twenty-second day of April in the year of Lord one thousand eight hundred and ninety- three.
ROSWELL P. FLOWER.
By the Governor :
T. S. Williams,
Private Secretary. 7
98 PUBLIC PAPERS OF GOVERNOR FLOWER.
PROCLAMATION OF A PUBLIC HOLIDAY.
State of New York.
Executive Cliainber.
The Legislature having designated Thursday, the twenty-seventh day of April, instant, as a public holiday, I do hereby appoint that day as one to be observed with thanksgiving for the blessings of peace and prosperity, and especially for the evidence of friendship and good feeling among the nations of the earth, as will be exemplified by the peaceful proces- sion of battle-ships in the harbor of New York on that day.
Let thanksgiving be supplemented by reasonable recreation, and both be crowned with prayer for continued peace and prosperity and the fraternity of nations.
Done at the Capitol in the city of Albany, this twenty-second day of April in the [l. S.J year of our Lord one thousand eight hun- dred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
PUBLIC PAPERS OF GOVERNOR FLOWER. 99
VETO, ASSEMBLY BILL No. 607, TO AMEND THE CIVIL SERVICE LAW.
State of New York.
Executive Chamber,
Albany, April 25, 1893.
Memorandum filed with Assembly bill No. 6oy, entitled "An act to amend chapter three hundred and fifty-four of the Laws of eighteen hundred and eighty-three, entitled '■An act to regulate and improve the civil service of the State of New York.' " — Not approved.
This bill threatens the integrity of the civil service law. If enacted it would exempt physicians who are applicants for positions in the civil service of cities, villages, towns and counties from the regulations pre- scribed for their appointment and tenure of office. It would be an entering wedge for the breaking down of the entire system. In no . department of municipal and State government have the beneficial results of the civil service law been so marked as in those requiring expert medical knowledge, demonstrated by competitive examinations. In my judgment it would be a great injury to the efficiency, of administration, after such a successful experience, to .exempt physi- cians from the operations of the act. The principle of appointment by competitive examination is espe- cially adapted to such positions as they occupy, and if they are to be exempted, the law-making power cannot consisterttly refuse demands for further exemp- tions. The next logical step to such legislation as
lOO PUBLIC PAPERS OF GOVERNOR FLOWER.
is proposed by this bill would be its extension to include, among the exempted, physicians in the State service as well as those in municipal service. That would make positions in our State hospitals dependent solely on political influence, thereby demoralizing the service and damaging its efficiency.
I am in favor of maintaining an honest and prac- tical administration of the civil service law, and for this reason I cannot give my approval to a measure which seems to me to attack severely the principle of
civil service reform.
ROSWELL P. FLOWER.
VETO, SENATE BILL INTRODUCTORY No. 674, TO LEGALIZE CERTAIN ACTS OF ONEIDA COUNTY SUPERVISORS.
State of New York.
Executive Chamber,
Albany, April 29, 1893.
Memorandum filed with Senate bill Introductory No. (5/^, entitled "An act to legalize and confirm the audits and allowances of certain accounts by the boards of supervisors of Oneida county." — Not approved.
I am surprised to find that this bill is again before me. The same measure was recalled from the Execu- tive during the closing days of the session in order to escape a veto. I had communicated to the introducer of the bill my determination not to allow it to become a law, and at his personal request I consented to a
PUBLIC PAPERS OF GOVERNOR FLOWER. lOI
recall to save him any possible embarrassment from a veto message. I am at a loss therefore to understand why the bill has been again sent to the Executive, unless it was with the hope of inducing me to reconsider my determination.
This I have no idea of doing. The purpose of the bill is to legalize certain extortionate and illegal charges allowed by the board of supervisors to certain ofi&cers of the county of Oneida, and the measure is the last resort of the accused officers to prevent a judgment of the courts against them. The excessive charges in dispute are said to amount to about forty- five thousand dollars. Suits are now pending in behalf of the people for the recovery of these excessive and illegal charges. I question the propriety of the Legislature interfering in this litigation. Thus far the courts have sustained the cause of the people. The money in dispute, if recovered, belongs to the people of Oneida county, and if they are desirous of discontinuing the suits, proper expression of that desire, through the board of supervisors, would be the natural course of action for accomplishing this result. But it seems to me unjust to the tax-payers of Oneida county that a legislative act should intervene between them and the accused county officers from whom excessive charges are sought to be recovered.
ROSWELL P. FLOWER.
I02 PUBLIC PAPERS OF GOVERNOR FLOWER.
IN THE MATTER OF CARLYLE W. HARRIS- DENIAL OF APPLICATION FOR CLEMENCY.
State of New York.
Executive Cliamber,
Albany, May 4, 1893.
In the matter of the application of Carlyle W. Harris for Executive clemency. — Denial of application and opinion.
The evidence adduced upon the trial of Harris established beyond reasonable doubt that Helen Potts died from morphine poisoning, and compelled, as strongly as circumstantial testimony can compel, the irresistible conclusion that the poison was administered by the defendant with the intent to kill. The Court of Appeals, in denying the application for a new trial, reviewed carefully and impartially the evidence presented before the jury and pronounced it conclu- sive in establishing the guilt .of the defendant.
With this judgment of the jury and the courts, con- sidering the nature and circumstances of the crime, I should have promptly refused to interfere had it not been for the second attempt to procure a new trial, based upon alleged evidence in affidavits submitted to the recorder to show that the deceased, Helen Potts, was for some time prior to her death addicted to the use of morphine. No such evidence had been produced upon the trial of the defendant, and if established would at least create a doubt whether the deceased did not die from poison administered by her own hand. A close analysis of these affidavits and the affidavits
PUBLIC PAPERS OF GOVERNOR FLOWER. I03
in rebuttal presented by the district attorney convinced the learned recorder that they could not have changed the verdict of the jury had they been introduced upon the trial, and the second application for a new trial was accordingly denied. The publication of this supplementary testimony, however, incited the pre- sentation before the Executive, upon the application for clemency, of further evidence of the same nature, besides many conflicting statements from interested persons relative to the matters contained in the affidavits before the recorder.
Under the provisions of the code the recorder was unable to take the verbal testimony of the witnesses who made the affidavits. This privilege, however, is permitted to the Executive in determining applications for clemency, under chapter 213 of the Laws of 1887, and desiring to give the accused defendant the benefit of every doubt by permitting him to furnish satis- factory evidence that the deceased was a confirmed morphine user and might have taken her own life, I availed myself of 'the provisions of this statute and appointed Hon. George Raines, of Rochester, to take the testimony of witnesses upon the questions raised in the affidavits laid before Recorder Smyth and in the testimony subsequently placed in my hands.
Every opportunity was afforded at the hearing to invite evidence upon the questions at issue, but a careful examination of the testimony taken can lead to but one conclusion. The witnesses for the defendant have entirely failed to establish the alleged fact that Helen Potts was addicted to the use of morphine. No
I04 PUBLIC PAPERS OF GOVERNOR FLOWER.
valid evidence has been produced to prove that she ever took morphine except on a few occasions for medicinal purposes.
Indeed the result of this hearing, taken in con- nection with certain affidavits filed after the determi- nation of the case by the courts, tends to support more strongly than before the theory of the defend- ant's guilt. The evidence of Dr. Kinmouth, Miss Waddel, and Miss Jackson might all be considered as establishing that Miss Potts was a morphine eater, but the testimony of all these together would weigh little against the affidavits of her schoolmates and one of her teachers as to her utterances on the night when she took the fatal pill. These supply a most important link in the chain of evidence and their accuracy was not assailed in any manner upon the hearing before the referee. I quote from the affidavit of Miss Rockwell, one of the deceased's schoolmates :
" On the return of Miss Carson, Miss Cookson and deponent from the New York symphony concert and while proceeding to the room wheire Miss Potts was, Miss Reed, one of the teachers, warned this deponent and the others to keep quiet ; Miss Reed said Miss Potts had requested her to ask the party to be quiet because she (Miss Potts) had taken a pill which Carlyle W. Harris had given her, and in order to obtain the proper effect of which, the said Carlyle W. Harris had advised Miss Potts to keep absolutely quiet and not to talk; Miss Reed stated that Miss Potts had said that Harris had told her (Miss Potts) that the reason the former pill which he had given her and which she had taken had not acted properly was due to the fact that the said Miss
PUBLIC PAPERS OF GOVERNOR FLOWER. 105
Potts had talked ; on reaching the room Miss Potts was in bed ; she did not speak for several minutes ; then she said ' Oh, girls, I have had such lovely- dreams ; I wish they would go on forever ; I have not really been asleep — only tying here dozing ; ' then she became quiet ; soon after the gas was turned off Mary H. N. Potts began to talk and to say ; ' Oh, girls, I think I am going to die ; I never felt like this before ; Carl said I could take one of these pills for twelve nights in succession — he said he had taken them himself ; Carl would not give me anything that would hurt me.'
' Miss Carson, at this time, was beside the bed of Miss Potts and was rubbing her head ; Miss Potts said ' Frances, I can hardly see you ; I can hardly feel you ; rub harder ; ' Miss Carson rubbed harder and then Miss Potts said, ' Now I can see you ; now I can feel you ; ' the tones of Miss Potts were as though she were receding or being overcome by a stupor which she could not control.
Then she exclaimed : ' If anybody else but Carl had given this to me I would think I was going to die ; but of course Carl would not give anything to me but what was right.'
After she made these remarks she repeated the exclamation, 'Oh, Carl, Carl, Carl,' as though she was crying ; her voice was apparently choked with emotion.
Then deponent and her room-mates tried to com- pose Miss Potts and told her to go to sleep, that she would be all right in the morning ; to this she replied :
'If I do it will be death's sleep.'
'You go to sleep, Helen,' rejoined Miss Carson, ' and I will be right here, and you can call me if you want me.' The dying girl replied :
' All right ; only look every few minutes and see if I am still breathing.'
These were her last words."
I06 PUBLIC PAPERS OF GOVERNOR FLOWER.
This inquiry into the case by the examination of "witnesses and otherwise leaves no doubt in my mind as to my official duty. I have endeavored to give to the application for clemency that impartial and conscientious study which the fate of any human life demands and which the popular interest in this case certainly calls for. But' so far as jury and court could determine Harris was guilty of a heinous crime, revolting in its conception and in the depravity of its perpetrator, and no satisfactory considerations have been presented to the Executive to justify his intervention in the execution of the sentence.
The application for clemency is therefore denied.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 996, TO ABOLISH THE BERLIN RAILROAD COMMISSIONER- SHIP, RENSSELAER COUNTY.
State of New York.
Executive Chamber,
Albany, May 5, 1893.
Memorandum filed with Assembly bill No. gg6, entitled, "An act to abolish the office of railroad commissioner in the town of Berlin, in the county of Rensselaer." — Not approved.
Section thirteen of the General Municipal Law pro- vides for accomplishing the object sought by this bill. The measure is, therefore, unnecessary.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. I07
VETO, ASSEMBLY BILL No. 1165, FOR AN EXPERIMENT STATION ON LONG ISLAND.
State of New York.
Executive Chamber,
Albany, May 5, 1893.
Memorandum filed with Assembly bill No. 116^, entitled, "An act to establish an agricultural experiment station on Long Island." — Not approved.
I do not think the establishment of an agricultural
experiment station on Long Island is advisable at the
present time. Moreover, if such an institution be
established, it should . be under the direction and
control of the Commissioner of Agriculture. This
the bill fails to provide.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1430, TO EXEMPT
FROM TAXATION THE LADIES' DEBORAH
NURSERY.
State of New York.
Executive Chamber,
Albany, May 5, 1893.
Memorandum filed with Assembly bill No. 14.30, entitled " An act releasing from taxation certain real estate of the Ladies Deborah Nursery and Child's Protectory." — Not approved.
This is a special bill exempting the real estate of a charitable institution from taxation. I have refused
I08 PUBLIC PAPERS OF GOVERNOR FLOWER.
to approve special bills of this character, and a gen- eral law sufficiently liberal in its scope has been enacted to meet this objection. This general law probably embraces the institution referred to in
this bill.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1436, TO INCOR- PORATE THE BAYARD HOMCEOPATHIC
COLLEGE.
State of New York.
Executive Chamber,
Albany, May 5, 1893.
Memorandum filed with Assembly bill No. 14.36, entitled "An act to incorporate the Bayard Homceopathic College, Hospital and Dispensary." — Not approved.
No special act is necessary for the incorporation of this institution. Moreover, it contains special and somewhat sweeping provisions relative to the exemp- tion of its property, both real and personal, from taxation. I see no reason why such an institution should not be placed on an equal footing in this respect with all similar institutions and be subject to the provisions of the general statute governing exemptions from taxation.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. IO9
VETO, ASSEMBLY BILL No. 1396, AMENDING THE GAME LAW.
State of New York.
Executive Chamber,
Albany, May 5, 1893.
Memorandum filed with Assembly bill No. ijg6, entitled "An act to amend the Game Law." — Not approved.
I fear that this would be an unwise interference with the rights of owners of private property. The mere fact that private ponds or streams have been stocked from the fish hatcheries of the State at public expense does not justify the State in depriving the owners from control over their property in the matter of trespassing for fishing or shooting purposes.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 839, AMENDING THE GAME LAW.
State of New York.
Executive Chamber,
Albany, May 5, 1893.
Memorandum filed with Assembly bill No. 839, entitled ''An act to amend the Game Law." — Not approved.
By reason of previous legislation affecting this section of the Game Law, the enactment of this bill might lead to embarrassment and confusion. Its
I lO PUBLIC PAPERS OF GOVERNOR FLOWER.
purposes can be effected by the boards of supervisors of the counties named should its provisions be deemed important in those localities.
ROSWELL P. FLOWER.
VETO, SENATE BILL No. 625, FOR THE PROTECTION OF GAME.
State of New York.
Executive Chamber,
Albany, May 5, 1893.
Memorandum filed with Senate bill No. 62 j, entitled "'An act for the protection, preservation and propagation of birds, fish and wild animals in the State of New York." — Not approved.
This bill is objectionable in form inasmuch as it fails to amend the Game Code. Independent acts relative to the protection of fish and game tend to confusion and destroy the harmony and consistency of the genera] law on that subject. Moreover, the act is unnecessary. It imposes additional restrictions which may already be imposed by the board of supervisors.
ROSWELL P. FLOWER.
P UBLIC PAPERS OF CO VERNOR FLO WER. 1 1 1
VETO, SENATE BILL No. 698 PROVIDING FOR A STATE SANITARY INSPECTOR.
State of New Yojrk.
Executive Chamber,
Albany, May 5, 1893.
Memorandum filed with Senate bill No. 6g8, entitled "An act to regulate the sanitary disinfection of public ferry houses, steamboat and railroad stations, cars and steam or sailing vessels, and to appoint a state sanitary commissioner to enforce the same." — Not approved.
The enactment of this measure would mean, practi- cally, the creation of a second State Board of Health. The objects which it seeks are virtually all provided for by existing law, enforced under the direction of the present State Board of Health. The creation of the office of a sanitary inspector, with power to appoint an unlimited number of. deputies, would duplicate existing machinery at unnecessary expense and with doubtful benefit. Such a law as this, in addition to those already on the statute books, would lead to confusion and possible injury. Such additional precau- tions for the preservation of public health as the possibility of an epidemic might suggest are incorpo- rated in the enactments of the public health law
now pending before me.
ROSWELL P. FLOWER.
112 PUBLIC PAI-ERS OF GOVERNOR FLOWER.
VETO, SENATE BILL No. 397, TO EXEMPT FROM TAXATION THE ROCHESTER HOMCEOPATHIC
HOSPITAL.
State of New York.
Executive Chamber,
Albany, May 5, 1893.
Memorandum filed with Senate bill No. jgj, entitled "An act to amend chapter four hundred and fifty-three of the Laws of eigliteen hundred and eighty-seven, entitled 'An act to incorporate the Rochester Homeopathic Hospital,^ passed May twenty-fifth, eighteen hundred and eighty-seven, and to exempt said hospital from taxation." — Not approved.
Since the introduction and passage of this bill its
object has already been provided for by the general
law relative to exemptions from taxation of certain
property of charitable and other institutions including
hospitals.
ROSWELL P. FLOWER.
P UBLIC PAPERS OF GO VEKNOR FL 0 WER. 1 1 3
VETO, SENATE BILL No. 364, TO PROVIDE BUILDING SITES FOR THE NEW YORK CITY FIRE DEPARTMENT.
State of New York.
Executive Chamber,
Albany, May 5, 1893.
Memorandum, filed with Senate bill No. j6/f, entitled" An act to provide for the acquisition of sites for buildings for the use of the fire department of the city of New York." -Not approved.
This bill in its present shape is objectionable to the local authorities and they have requested me to withhold my approval from it.
ROSWELL P. FLOWER.
VETO, SENATE BILL No. 602, RELATING TO THE NEW YORK CITY DOCK DEPARTMENT.
State of New York.
Executive Chamber,
Albany, May 5, 1893.
Mem-orandum filed with Senate bill No. 602, entitled "A n act to am.end section seven hundred and twelve of chapter four hundred and ten of the Laws of eighteen hundred and eighty-two, entitled '■An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York,' relating to the dock depart- ment."— Not approved.
The principal provisions of this bill are incorpo- rated in chapter 397 of the Laws of 1893. There is
1 14 PUBLIC PAPERS OF GOVERNOR FLOWER.
no necessity, therefore, for this measure and its enact- ment would repeal chapter 397, which in its terms is more acceptable to the local authorities than this
pending bill.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1068, FOR CORREC- TION OF SEWER ASSESSMENTS IN TWENTY- SECOND STREET, NEW YORK CITY.
State of New York.
Executive Chamber,
Albany, May 5, 1893.
Memorandum filed zvith Assembly bill No. 1068, entitled "An act to authorize the board of revision and correction of assessment-lists of the city of New York to reconsider and examine into an assessment for alteration and improvement to sewer in Twenty-second street, between First and Third avenues, in the city of New York." — Not approved.
The local authorities have requested me to with- hold my approval from this measure on the ground that it is adverse to the best public interests, and inasmuch as the proposed legislation is entirely local in its character I comply with their request.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GO VERNOR FLO WER. 1 1 5
VETO, ASSEMBLY BILL INTRODUCTORY No. 1397 FOR THE ACQUISITION OF CERTAIN LANDS BY -THE CITY OF NEW YORK.
State of New York.
Executive Chamber,
Albany, May 5, 1893.
Memorandum filed with Assembly bill Introductory No. i^gj, entitled "'An act to provide for the acquisition of lands for public use between the Tenth avenue and other streets and the Harlem, river, in the city of New York, adjoining and in addition to the lands authorized to be acquired by chapter two hundred and forty-nine of the Laws of eighteen hundred and ninety, and chapter one hundred and two of the Laws of eighteen hundred and ninety-three." — Not approved.
This measure seems to have been put through the Legislature in the closing days of the session without the knowledge or approval of the local authorities. If enacted it would probably involve the city in an expenditure of millions of dollars without compensating advantages, or without the consent of the people's local officers. The mandatory provisions of the bill are reprehensible. The measure is strongly opposed by the local authorities, and believing it to be subject to criticism both in the manner of its passage and in the nature of its provisions, I cheerfully comply with their request to withhold my approval.
ROSWELL P. FLOWER.
1 1 6 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, SENATE BILL ' No. 179, GIVING THE BOARD OF CLAIMS JURISDICTION IN THE CASE OF HENRY L. SCHWARTZ, ASSIGNEE.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Senate bill No. lyg, entitled "An act to authorize the Board of Claims to hear, audit and determine the claim of Henry L. Schwartz, assignee of Louis M. Brock and Magnus Wiener, comprising tJie firm, of Brock and Wiener, for work and labor done and performed, and materials and goods furnished by said Louis M. Brock and Magnus Wiener in -making, alter- ing and repairing uniforms for the sixty-fifth and seventy-fourth regiments of the National Guard of the State of New York, and to award compensation tliere- for." — Not approved.
This is an old claim. It was never a legitimate
claim against the State. The indebtedness was incurred
by officers, most of whom have been for a long time
out of the service. It was not incurred under or
pursuant to any law of the State, and there was no
misapprehension about the law, at least so far as the
officers were concerned. It was a personal matter
between the dealers and the officers giving the order.
I do not think the claim should be sent to the Board
of Claims.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 117
VETO, SENATE BILL No. 347, GIVING THE BOARD OF CLAIMS JURISDICTION IN THE CASE OF ROSS & SANFORD.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Senate bill No. J^7, entitled "An act to authorize the Board of Claims to hear, audit and determine the claim of Ross & Sanford against the State of New York for work, labor and services done and perform.ed in the years iSSy and 1888, in and about the construction of the Shinnecock and Peconic bays canal, and for the amount of money deposited by Ross &• Sanford as security for the performance of said work, and to make an azvard thereon." — Not approved.
If this claim had been a just one I see no reason why it should not have been presented to the Board of Claims within the statutory time. By deferring presentation the claimants have placed the State at a disadvantage, for the reason that the State officers then interested in the contract upon which the claim is based are not now occupying the official positions which they held at that time, and the State is, there- fore, unable properly to present its side of the case. To permit the claimants to go before the Court of Claims now would be to encourage similar delays on the part of claimants, probably to the injury of the
State's interests.
ROSWELL P. FLOWER.
IlS PUBLIC PAPERS OF GOVERNOR FLOH'ER.
VETO, ASSEMBLY BILL No. 1218, FOR REGULA- TION OF PROPERTY SOLD FOR TAXES IN ONE HUNDRED AND TWENTIETH STREET, NEW YORK CITY.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. 1218, entitled "An act to authorize the adjudication and settlement of the taxes and assessments and the interest thereon for the non-payment of same upon property in 120th street in the city of New York, sold by the mayor, aldermen and comm.on- alty of the city of New York to Henry McCaddin." — Not approved.
This bill is of doubtful propriety and is objected to
by the local authorities.
ROSWELL P. FLOWER.
VETO, SENATE BILL No. 399, TO AMEND THE CHARTER 'OF CORNING.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Senate bill No. jpp, entitled "An act to amend chapter fifty-eight of the Laws of eighteen hundred and ninety, entitled ^An act to incorporate the city of Corning.'" — Not approved.
These amendments to the charter seem to be. opposed
P UBLIC PAPERS OF GO VERNOR FLO WER. 1 1 9
"by a large number of prominent citizens of Corning, and no sentiment in their favor has manifested itself during the pendency of the bill before me. The pro- visions are of somewhat doubtful propriety, and no harm will result from postponing action until the next session of the Legislature, when any desired changes in the charter can be more carefully considered.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1189, RELATING TO THE PUBLIC HEALTH.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. iiSg, entitled "An act to amend chapter two hundred and seventy of the Laws of eighteen hundred and eighty-five, entitled 'An act for the preservation of the public health and the registration of vital statistics.' " — Not approved.
This measure is unnecessary, full power to accom- plish its purposes being already granted to local boards of health under general laws.
ROSWELL P. FLOWER.
120 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, SENATE BILL No. 126, FOR CERTAIN WORK ON THE CAYUGA AND SENECA CANAL.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Senate bill No. 126, entitled "An act to provide for the protection of the Cayuga and Seneca canal by repairing the berme bank and breakwater at the foot of Seneca lake, in the counties of Seneca and Ontario, between the outlet and the canal bridge at Geneva ." — JVot approved.
Both the title and substance of this bill seem to be misleading. The alleged liability of the State is questioned, and the canal is not in pressing need of the protection proposed to be provided for.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 121
VETO, SENATE BILL No. 120, FOR A CANAL WALL AT ROME.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Senate bill No. 120, entitled "An act to authorize the Superintendent of Public Works to construct a wall from where the present wall of a dam built across the Mohawk river for the purpose of feeding the Erie canal ends, along the west side of said Mohawk river at the rear of lots on Bouck ^street, in the city of Rome, Oneida county, and to continue said wall to a railroad bridge where the New York Central and Hudson River Railroad crosses the Mohawk river, and to make
' appropriation therefor and regulating the loading and unloading of canal boats." — Not approved.
This bill provides for greater expenditure than is needed, in the opinion of the Superintendent of Public Works, and contains general legislation relative to the discharging or loading of cargoes which is regarded by the Department of Public Works as objectionable.
ROSWELL P. FLOWER.
122 PUBLIO PAPERS OF GOVERNOR FLOWER.
VETO, SENATE BILL No. 525, FOR THE PRO- TECTION OF A HIGHWAY AT OWASCO LAKE.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Senate bill No. 525, entitled "An act making appropriations for protecting the highway along the foot and west shore of Owasco lake." — Not approved.
A similar bill was vetoed by me last year. As I stated in my veto message at that time there is con- siderable doubt about the liability of the State. Inasmuch as litigation to test this question is now pending in the courts, it would seem to me to be unwise to prejudice the litigation by any such assump- tion of the State's liability as the enactment of this
bill would imply.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 1 23
VETO, SENATE BILL No. 349, FOR A MONU- MENT TO GENERAL HERKIMER.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Senate bill No. j/j-g, entitled "An act to provide for enlarging and enclosing in a suitable manner the family burial lot upon which are interred the remains of General Nicholas Herkimer, and also to erect thereon a monument to his memory, and making an appropriation therefor." — Not approved.
This bill is objected to for the reasons stated in my message to the Senate April 17, 1893, in disapproving Sen- ate bill No. 337, entitled " An act to establish the Mem- orial Hall of the State of New York, at White Plains'.'
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 459, TO ESTABLISH A COLONY FOR EPILEPTICS.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. ^5g, entitled "An act to establish an epileptic colony." — Not approved.
My observation of the management and workings of our State charitable and reformatory institutions has impressed upon me the grave responsibility which
124 PUBLIC PAPERS OF GOVERNOR FLOWER.
rests upon the Legislature and the Executive in authorizing the establishment of any new institution to be built and maintained at public expense.
So great has been the demand in recent years from charitable associations and social reformers to extend the field of the State's activity in this direction, that the number of these institutions has been largely multiplied and the capital- invested has reached a stupendous sum. For the insane alone the State has established nine great hospitals at a cost of about $11,000,000, while the money invested in other institu- tions would probably reach at least nine millions more. The appropriations for charities at the present session of the Legislature have been the largest in the history of the State. They approximate over $4,200,000, of which $2,856,000 was for the insane ; $240,000 for the deaf and dumb; $85,000 for the blind; $537,000 for youthful offenders, and $177,000 for idiots and feeble- minded persons. This is nearly half the total appro- priations from the general fund by the Legislature. It is almost as much as the total State revenues from indirect sources including the inheritance tax and taxes on corporations.
I do not mention these figures in criticism or complaint, but merely to focus attention upon the magnitude of the undertaking which the State has gradually assumed. So spasmodically have these institutions come into existence and so insidiously have they increased the annual budget of appropriation that few taxpayers, I dare say, are aware of the proportions which the State's charities have now assumed.
PUBLIC PAPERS OF GOVERNOR FLOWER. 1 25
It is these huge proportions which force home to me, in considering legislation of this character, the grave responsibility of determining whether measures to thus extend the scope of the State's efforts are surrounded by the necessary safeguards to insure economy and efficiency of administration. It is a surprising commentary on legislation of this kind in the past that the very measures enacted for the improvement of society should be so lax in their con- struction as to invite and encourage the grossest extravagance and carelessness in official administration. The management in most cases has been intrusted to subordinates appointed by boards of honorary officials, which have no direct responsibility to the State and are so constituted as to discourage watchful and responsible supervision. Until the State Care Act of the present year was passed, no legislation of this character had in it the ordinary precautions which any business man would insist upon relative to the purchase of supplies or the auditing of expenditures.
With these convictions, together with others which I shall state, I find myself unable to approve this measure in its present form and at the present time. Until the State has fully solved the problem of establishing on a firm, economical, business-like and intelligent basis the charities which it has already undertaken, I question seriously the propriety of under- taking any new project, no matter how forcibly its object may appeal to humane instincts. The establish- ment of a colony of epileptics as a State undertaking is undoubtedly a needed and worthy movement, but
126 PUBLIC PAPERS OF GOVERNOR FLOWER.
an appropriation for this purpose, particularly in the present stage of State charities, would be a wrong- use of public money were the measure embodying it not wisely drawn and insufficiently guarded for the pro- tection of public interests.
Aside from its appearance at an inopportune time the bill has the great objection of placing the manage- ment of the proposed institution in the hands of a board of managers consisting of seven men and two women, each selected from one of the eight judicial districts of the State and one additional member from New York. Practically the whole responsibility there- fore would rest upon this board, not chosen from the immediate locality where they could exercise personal scrutiny over the institution, but scattered all over this State. Judging from experience of this kind in the past it is a safe prediction that however carefully chosen such a board of managers might be, it would be unable to give the necessary attention to the practical administration of the institution. Moreover the bill nowhere imposes on the managers any direct respon- sibility to any officer or department of the State government, prescribes no safeguards of value sur- rounding the purchase of supplies or the audit of accounts, and merely directs the State Board of Charities to certify what appropriations may be necessary. In the absence of reasonable safeguards in its provisions I cannot conscientiously give my approval to the measure.
The State is now engaged in an earnest endeavor to carry into effect the provisions of the act for the
PUBLIC PAPERS OF GOVERNOR FLOWER. 12/
public care of the insane. To place the 440 patients now in county poor-houses in the State hospitals, has required extraordinary expenditures during the present year for the completion of the necessary buildings. Until these insane are transferred and the State Care Act is firmly established no new undertaking of a similar kind should be assumed by the State, and any measure establishing a new public institution should be framed in accordance with an intelligent scheme for insuring honest and economical management.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 455, FOR THE PUR- CHASE BY THE STATE OF THE ULSTER COUNTY INSANE ASYLUM.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. .^55, entitled "An act to authorise the purchase by the State of certain lands and buildings in the county of Ulster, used formerly as a county asyluin for the insane, and to appropriate the money necessary therefor." — Not approved.
The State has no use for the property proposed by the provisions of this bill to be purchased. Neither is there any obligation on the part of the State to buy. The county of Ulster at its own risk accepted a license from the State Board of Charities under the provisions
128 PUBLIC PAPERS OF GOVERNOR FLOWER.
of the so-called " Willard Exemption Act." The license ■was subject to forfeiture when there was a failure to comply with the terms of the grant. The county- failed to comply with the terms of the license, and the only just ground upon which the State could take possession of the property would be to utilize it as a part of the system of State institutions. The State, however, has no present use for the property, and the expenditure called for by the bill is entirely
unnecessary.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 633, FOR THE CON- STRUCTION OF A RAILROAD TO THE STATE REFORMATORY AT ELMIRA.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. 6jj, entitled "An act to provide improved transportation facilities for the New York State Reformatory at Elmira." — Not approved.
From personal estamination I am inclined to think that it would be economical for the State to construct a railroad between the State Reformatory at Elmira and the regular lines of railroad running through the city. Such communication would save considerable money in the hauling of supplies. I do not believe,
PUBLIC PAPERS OF GOVERNOR FLOWER. 1 29
however, tliat it is advisable or economical for the State to " equip, maintain and operate " such a railroad. I would be willing to approve a reasonable appropri- ation for building the necessary tracks so that railroads carrying freight to the Reformatory could run their cars over these tracks, but this is as far as the State, in my judgment, should go in the railroad business.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1263, FOR THE PURCHASE OF LANDS FOR A RIFLE RANGE IN RENSSELAER COUNTY. .
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. 126J, entitled "An act to acquire additional land for the State rifle range at Bath-on-the-Hudson and making an appropria- tion therefor." — Not approved.
This appropriation is not approved for the reason
that the expenditure authorized is not deemed advisable
at the present time.
ROSWELL P. FLOWER.
130 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL No. 626, TO PROVIDE WASTE-GATES IN THE STATE DAM AT CARTHAGE.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. 626, entitled "An act to provide for waste-gates in the State dam. across Black river at Carthage, and appropriating money to construct the same, and providing for a keeper thereof." — Not approved.
Both the State Engineer and the Superintendent of Public Works report to me that the sum appropriated by this act — namely, four thousand dollars — is by no means sufficient to construct such waste-gates as would answer the purpose of the bill, if indeed any gates at all would accomplish the purpose. There is danger also that the undertaking would involve the State in numerous suits for damages. A measure of such doubtful advantage should not receive Executive approval.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. I3I
VETO, ASSEMBLY BILL No. 1251, FOR A CANAL BRIDGE IN SYRACUSE.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. 12^1, entitled "An act to provide for the construction of a swing or hoist bridge over the Erie canal, at Crouse avenue or Beach street, in the city of Syracuse, and making an appropriation therefor ; and to authorize the city of Syracuse to levy a tax to provide the means to defray its share of the cost of such construction." — Not approved.
I am informed by tbe Superintendent of Public
Works that the present bridge is in good condition.
The State has expended an unusually large amount of
money — several hundred thousand dollars — this year
in rebuilding canal bridges, and the interests of
economy demand that no more expense should be
incurred for this purpose except where the conditions
imperatively require.
ROSWELL P. FLOWER.
132 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL No. 1039, FOR EXPENDL TURE ON THE STATE ARMORY AT WALTON.
State of New York.
Executive Chaftiber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. loj^, entitled "An act to provide for the making of repairs and im.provements in and about the State armory at Walton, Delaware county, and making an appropriation there- for."— Not approved.
From protests wliich have been filed with me from citizens of Delaware county, I should doubt the expedi- ency of this appropriation at the present time.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 133
VETO, ASSEMBLY BILL No. 1040, RELATING TO
THE EASTERN NEW YORK REFORMATORY;
ASSEMBLY BILL No. 1129, TO PROVIDE AN
INSTITUTION FOR INEBRIATES, AND
ASSEMBLY BILL No. 1250, TO ESTABLISH A BOYS' INDUSTRIAL HOME.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. 104.0, entitled "An act in relation to the Eastern New York Reforma- tory, located in the town of Wawarsing, Ulster county. State of New York, established by and under section one, chapter three hundred and thirty-six, Laws of eighteen hundred and ninety-two." — Not approved.
Assembly bill Noi 11 2g, entitled "An act to provide for the appointment of a commission to locate an Institution for Inebriates in the State of New York." — Not approved.
Assembly bill No. 12^0, entitled "An act to establish the ^ Boys' Industrial Home of New York State.'" — Not approved.
These bills all contemplate the establishment of new corrective institutions, to be built and maintained at State expense. The general objections stated in my memorandum disapproving the bill to establish an epileptic colony apply with equal force to these bills. They are besides faultily drafted, and apparently with the main purpose of committing the State to the
134 PUBLIC PAPERS OF GOVERNOR FLOWER.
establishment of tlie institutions — leaving to subsequent Legislatures tbe responsibility of outlining tbeir scope and imposing suitable safeguards I am convinced that there is no present necessity for at least two of the measures, and, moreover, that any new reforma- tory institution should be under the supervision of the Superintendent of Prisons and subject to the restric- tions and safeguards which that control would imply.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1204, TO AMEND THE CODE OF CIVIL PROCEDURE RELATING TO JUDGMENTS AGAINST EMPLOYERS.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. 120^, entitled "An act to amend sections thirty-one hundred and thirty-one and thirty-one hundred and twenty-one of the Code of Civil Procedure, relating to judgments in actioiis by employees for wages and the enforcing of the same." — Not approved.
This measure is very defectively drafted. It is
doubtful what purpose it is intended to accomplish,
and still more doubtful whether it would accomplish
such purpose as it has.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 135
VETO, ASSEMBLY BILL No. 1432, AMENDING THE RAILROAD LAW AS TO ELECTRIC- LIGHT AND POWER COMPANIES.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. 14.32, entitled "An act to amend the Railroad Law, in relation to electric-light and power corporations becoming railroad corporations." — Not approved.
This bill confers novel and perhaps unwise privileges upon electric-light and power corporations. It does not seem to be framed to meet any general demand, but is intended undoubtedly to affect some special interest. While this is no ground for disapproval, the terms of the measure are so questionable that I am constrained to withhold my signature.
ROSWELL P. FLOWER.
136 PUBLIC PAPERS OF GOVERNOR ELOWER.
VETO, ASSEMBLY BILL No. 1188, RELATING TO THE FLOW OP SURFACE WATERS.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. 11 88, entitled "An act to prohibit the obstruction to the flow of sur- face waters, within the State, so as to prevent the natural discharge thereof from lands above such obstruc- tion: ' — Not approved.
I doubt the propriety of the enactment of this measure. Its provisions are too broad. Sufficient legal remedies for the abuse described already exist.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 137
VETO, ASSEMBLY BILL No. 1344, FOR THE INTRODUCTION OF THE MYERS VOTING BOOTH AT VILLAGE ELECTIONS.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. 1344, entitled "An act to amend chapter one hundred and twenty- seven of the Laws of eighteen hundred and ninety-two, entitled ^An act to secure independence of voters at town meetings, secrecy of the ballot, and provide for the use of the Myers' automatic ballot-cabinet^ so as to include village elections." — Not approved.
This bill extends to villages the power to use the so-called Myers' automatic ballot-cabinet at village elections. It is clearly in violation of art. II, sec. 5 of the Constitution, which reads : "All elec- tions by the citizens shall be by ballot except for such town officers as may by law be directed to be otherwise chosen." I doubt whether any lawyers would seriously contend that voting by this machine was voting by ballot within the meaning of the
Constitution.
ROSWELL P. FLOWER.
138 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL No. 1209, TO INCORPOR- ATE THE WOLF ISLAND BRIDGE COMPANY.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. I20g, entitled "An act to incorporate the Wolf Island Bridge Com- pany for passengers and other traffic, together with the appurtenances, approaches thereto and stations." — Not approved.
I object to this bill because it is too sweeping in its terms. The company was originally restricted to building a bridge from some point in the State of New York to a point at or near Kingston, in the province of Ontario. This restriction is proposed to be removed, and the company is to be allowed to build a bridge anywhere over the Saint Lawrence river between Ontario and the State of New York. Inasmuch as several charters for the construction of bridges at various specific places along the river between this State and Canada have been granted, it would be unfair to give to this one corporation the exceptional and sweeping privilege of locating its structure any- where it might choose.
ROSWELL P. FLOWER.
P UBLIC PAPERS OF GO VEKNOR FLO WER. 1 39
VETO, ASSEMBLY BILL No. 1482, TO AMEND THE WHITE PLAINS CHARTER.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. 14.82, entitled "An act to amend chapter five hundred and eighteen of the Laws of eighteen hundred and sixty-seven, entitled 'An act to amend an act to incorporate the village of White Plains,' passed April third, eighteen hundred and sixty-six, passed April twenty-second, eighteen hundred and sixty-seven, as amended by chap- ter eight hundred and five of the Laws of eighteen hundred and seventy-one, and to amend chapter three hundred and fifteen of the Laws of eighteen hundred and seventy, entitled "An act to amend chapter five hundred and eighteen of the Laivs of eighteen hundred and sixty-seven, entitled 'An act to am,end an act to incorporate the village of White Plains,' " passed April third, eighteen hundred and sixty-six, and the several acts amendatory thereof." — Not approved.
Tbis bill is too defective in its construction to permit it to become a law. Its enactment would lead to confusion and embarrassment.
ROSWELL P. FLOWER.
I40 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL No. 1380, TO AMEND THE PENN YAN CHARTER.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum, filed with Assembly bill No. 1380, entitled "An act to amend chapter one hundred and nineteen of the Laws of eighteen hundred and eighty-nine, entitled 'An act to amend, revise and consolidate the laws in relation to the village of Penn Yan, in the county of Yates.' " — Not approved.
The local authorities have requested me to withhold
my approval from this measure, and I comply with
their request.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1261, TO ESTABLISH A FIREMEN'S PENSION FUND IN ROCHESTER.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill Int. No. 1261, entitled "An act to establish a pension fund for the paid fire department of the city of Rochester, New York!' — Not approved.
I would not object to any well-considered measure to establish a pension fund for members of the paid fire
PUBLIC PAPERS OF GOVERNOR FLOWER. 141
department, but the objectionable feature of this bill is that which would divert from the pension fund established for the benefit of exempt and volunteer firemen, their orphans and widows, one-half of the two per cent, tax on foreign insurance companies. The revenues from this source are now set apart for volunteer and exempt firemen, their widows and orphans and disabled members of the paid fire depart- ment, and to divert one-half of the income from this worthy object would be a grave injustice to those who served without pay in the old volunteer department. The bill should be modified so as to eliminate this unjust provision from its requirements.
The local authorities are in favor of the measure, but I cannot allow this fact to compel my approval of a provision which in my opinion would be unfair to volunteer firemen and their families. I have served among them and sympathize with the risks and hard- ships which they have taken and endured.
ROSWELL P. FLOWER.
142 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL No. 1399, RELATING TO A ROAD DISTRICT IN HERKIMER COUNTY.
State of New York.
Executive Chamber,
Albany, May 6, 1893.
Memorandum filed with Assembly bill No. ijgg, entitled "An act to amend chapter four hundred and thirty- two of the Laws of eighteen hundred and sixty-eight, entitled 'An act to constitute a separate road district in the towns of Fairfield, Manheim and Little Falls, Herkimer county.'" — Not approved.
There seems to be considerable local hostility to the enactment of this measure. The supervisors of the towns affected are opposed to it, and no good reason has been advanced why it should become a law.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1381, GIVING THE BOARD OF CLAIMS JURISDICTION IN THE CASE OF JOHN ROBERTS.
State of New York.
Executive Chamber,
Albany, May 9, 1893.
Memorandum filed with Assembly bill No. 13 81, entitled
"An act to authorize the Board of Claims to hear, audit
and determine the claim of John Roberts." — Not approved.
This bill involves a somewhat novel claim against
the State. In 1877 Jolm Roberts was convicted of
PUBLIC PAPERS OF GOVERNOR FLOWER. 143
burglary in the first degree and sentenced to imprison- ment at hard labor in State prison for the term of twenty years. On October 21, 1878, he was pardoned by Governor Robinson, who said in granting the pardon : " After careful investigation there is a grave doubt as to the guilt of the prisoner. This is concurred in by District Attorney Downing, who conducted the prose- cution, Judges Pratt and Armstrong, the Sheriff and County Clerk, and the Justices of Sessions."
Upon this ground of his innocence and in order to secure from the State some pecuniary redress for his unjust imprisonment of twenty-one months, this bill is passed to enable Roberts to go before the Board of Claims and prove his right to compensation. It will be seen that this presents an interesting and novel question of legislation. Individually it would seem to every honest and law-abiding citizen that an unjust imprisonment, involving disgrace, and loss of time and occupation, would in equity entitle him to just remun- eration at the hands of the State, and even a generous money consideration would seem to be slight com- pensation for the personal loss sustained. Yet it has not been the policy of the State to recompense innocent persons for damages of this sort, and to permit such a bill as this to become a law would be establishing a precedent of doubtful propriety. Not only would it extend beyond its original scope the jurisdiction of the Board of Claims, but it would lead to a strange mixture of legal powers in that tribunal, inasmuch as the first fact to be established in deter- mining such a claim would be the innocence of the
144 PUBLIC PAPERS OF GOVERNOR FLOWER.
claimant or the injustice of his conviction and imprison- ment. The criminal trial must of necessity be gone over again, and at a time probably when evidence would be hard to collect. It would puzzle any court, moreover, to estimate the amount of damages which such a claimant might be entitled to, for it would be almost impossible to determine the money value of a false imprisonment.
If this bill were to become a law there would be a number of similar bills before the next Legislature and there is no telling what such a departure from established State policy would lead to. The questions presented are too serious to warrant me in allowing
the bill to become a law.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 83, RELATING TO THE CONSOLIDATION OF SCHOOL DISTRICTS.
State of.. New York.. .
Executive Chamber,
Albany, May 9, 1893.
Memorandum filed with Assembly bill No. 8j, entitled "An act to amend chapter three hundred and five of the Laws of eighteen hundred- and fifty-seven and the acts amendatory thereof." — Not approved.
This bill should have been approved prior to the first
Tuesday of May to have been of use. To enact it now
would create confusion.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. I4.
VETO, ASSEMBLY BILL No. 1244, AMENDING THE VILLAGE LAW AS TO CONSTRUCTION OF CROSSWALKS.
State of New York.
Executive Chamber,
Albany, May g, 1893.
Memorandum filed with Assembly bill No. I2i^^, entitled "An act to authorize and empower the board of trustees of villages incorporated under chapter two hundred and ninety-one of the Laws of eighteen hundred and seventy, entitled 'An act for the incor- poration of villages,' to construct and repair crosswalks and assess the cost for the same on the property bene- fited. ' ' — IVot approved.
The bill is defectively drafted and somewhat impractic- able. The construction and repair of crosswalks should be a general charge upon all the taxpayers of a village, rather than upon the property owners in the immediate vicinity.
ROSWELL P. FLOWER. 10
146 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL No. 1397, FOR THE TREAT- MENT OF DIPSOMANIA IN PENITENTIARIES.
State of New York.
Executive Chamber,
Albany, May 9, 1893.
Memorandum filed with Assembly bill No. 1397, entitled "An act to prescribe the medical treatment, in certain cases, of persons coinm.itted to penitentiaries for intoxi- cation in public places." — Not approved.
Until modern treatments for intemperance shall have been clearly demonstrated to be effectual and without danger, I question the advisability of the State's enact- ing such mandatory legislation as that contained in this bill. Moreover, if such treatment is found to be practicable the law should be extended to include county jails, where most of the prisoners are victims of intemperance.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 147
VETO, ASSEMBLY BILL No. 418. AMENDING THE CHARTER OF THE ST. VINCENT'S RETREAT.
State of New York.
Executive Ciiainber,
Albany, May 9, 1893.
Memorandum filed with Assembly bill No. jf.18, entitled "'An act to amend chapter four hundred and thirty-one of the Laws of eighteen hundred and eighty-four, entitled 'An act to amend the charter of the Saint Vincent's Retreat for the Insane.'" — Not approved.
This special bill is rendered unnecessary by the enactment of chapter 498 of the Laws of 1893.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1171, FOR PAYMENT OF RENTS FOR SCHOOLS IN LONG ISLAND
CITY.
State of New York.
Executive Chamber,
Albany, May 9, 1893.
Memorandum filed with Assembly bill No. 117 1, entitled "An act to provide for the payment of rent for certain buildings in Long Island City, used for educational purposes by said city." — Not approved.
This bill is unnecessary. Chapter 646 of the Laws of the present year makes ample provision for the deter-
148 PUBLIC PAPERS OF GOVERNOR FLOWER.
mination of valid claims against Long Island City. Moreover the courts have adjudged the claim in question to be without existence in law or fact.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 554, RELATING TO MEDICAL TREATMENT OF THE INDIGENT SICK IN LONG ISLAND CITY.
State of New York.
Executive Chamber,
Albany, May 9, 1893.
Memorandum filed with Assembly bill No. 55^, entitled "An act to provide for medical and surgical aid and treatment for the sick poor of LoHg Island City, and county of Queens." — Not approved.
The Mayor of Long Island City protests against the
enactment of this measure chiefly on the ground that
its enactment would deprive the city of all available
funds for suppressing epidemics of contagious diseases.
The city has recently been invaded by small pox, and
the possibility of an extension of that disease or the
entrance of another would seriously cripple the city's
financial resources. I am constrained therefore to
withhold my approval.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 149
VETO, ASSEMBLY BILL No. 1067, FOR CERTAIN STREET IMPROVEMENTS IN LONG ISLAND CITY.
State of New York.
Executive Chamber,
. Albany, May 9, 1893.
Memorandum filed tvith Assembly bill No. io6y, entitled "An act in relation to the improvement of Grand avenue and Main street in Long Island City, and to provide for a part of the expense thereof." — Not approved.
The improvement already undertaken on these streets has evidently not given satisfaction to the people of the city, and three-fourths of the property owners along the so-called improvement have filed with me a protest against the enactment of this measure. The Mayor joins in this protest, with the further suggestion that the work already done is so inferior in quality that part of it will have to be done over again.
ROSWELL P. FLOWER.
ISO PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL INTRODUCTORY No. 1394, FOR THE ACQUISITION OF LANDS IN NEWTOWN FOR CEMETERY PURPOSES.
State of New York.
Executive Chamber,
Albany, May 9, 1893.
Memorandum filed with Assembly bill Introductory No. 1394-, entitled "An act to authorize the board of trustees of the First German Methodist Episcopal Church in the city of New York to hold certain lands for cemetery purposes. ' ' — Not approved.
This bill authorizes the trustees of the First German Methodist Episcopal Church to acquire not exceeding twenty-five acres in the town of Newtown, in the county of Queens, for cemetery purposes.
A pathetic protest has been filed with me by the citizens of Newtown against legislation authorizing the establishment of any more grave-yards in their town. The dead inhabitants are rapidly crowding out the living. There are twenty-four cemeteries and they cover one-eighth of the town. The live population is less than 20,000 ; the dead population is upwards of 1,350,000. There are more than 33,000 funerals a year and the people pay $43,000 a year to keep the highways passable for hearses and carriages.
Every new grave-yard exempts so much more of the township from taxation and leaves a heavier burden for the living to carry. The tax rate for the past
PUBLIC PAPERS OF GO VERNOR FLO WER. I 5 I
twenty-one years has averaged over $3.70 upon every hundred dollars of valuation, not including school taxes at all. The land not used for cemetery purposes is owned chiefly by farmers, gardeners and small property owners, who can hardly afford to move away, but must stay and endure the burden of high taxes and melan- choly surroundings.
Moreover the presence of so many cemeteries seems to affect seriously the health of the community, for the death rate is higher than in any town in the State.
So melancholy a picture is sufficient reason for with- holding my approval from this measure. It suggests the necessity for some more economical means of caring for the bodies of the dead of great cities. To enable societies and associations to acquire for this purpose the most available sites of towns in the suburbs of New York and Brooklyn and gradually to take possession of a generous part of the township, and thereby secure exemption from taxation, presents serious questions, for which the rapidly increasing populations of the cities and the cemeteries demands
speedy and wise solution.
ROSWELL P. FLOWER.
152 P UBLIC PAPERS OF GO VERNOR FLO fVER.
VETO, ASSEMBLY BILL No. iioi, 'FOR AN IRON BRIDGE OVER LONG LAKE, HAM- ILTON COUNTY.
State of New York.
Executive Chamber,
Albany, May 10, 1893.
Memorandum filed with Assembly bill No. iioi, entitled "An act to provide for the construction of an iron bridge across Long Lake, in Hamilton county, and making an appropriation therefor." — Not approved.
This bill appropriates forty thousand dollars to build a bridge across Long Lake in the Adirondacks. Such a bridge would serve a useful purpose in furnishing communication between two parts of the Adirondacks now separated by this long sheet of water, but I see no present reason why the State should build the bridge. If, as a feature of the improvement and develop- ment of the Adirondack Park, the Forest Commission should in the future consider this bridge to be needed there might be justification for the State's undertaking the project, but I think under present circumstances the people of the State would hardly justify so great
an expenditure.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 153
VETO, SENATE BILL No. 39, TO ESTABLISH A STATE NAUTICAL SCHOOL.
State of New York.
Executive Chamber,
Albany, May 10, 1893.
Memorandum filed with Senate bill No. jp, entitled "An act to provide and maintain a nautical school for the State of New York and to merge therein the Present nautical school maintained by the board of education of the city of New York." — Not approved.
This proposed transfer to the State of the nautical school now maintained by the board of education of the city of New York is urged upon the ground of enlarging the usefulness of the school and giving boys from all parts of the State an opportunity to avail themselves of the benefits of a nautical education. While such an extension of the advantages of this school would be valuable, I doubt whether they are sufficient to justify the State in assuming control of an additional institution. The State has at present about as many institutions of an educational nature as it can well care for and no new responsibility should be assumed except where it is for the unmistakable good of the State and the great majority of its people. Moreover, the bill provides for a perpetual appropria- tion of $40,000 a year.
ROSWELL P. FLOWER.
154 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, SENATE BILL No. 687, FOR THE DREDG- ING OF THE OHIO BASIN AT BUFFALO.
State of New York.
Executive Chamber,
Albany, May 10, 1893.
Memorandum filed with Senate bill No. 687, entitled "An act to provide for dredging the Ohio basin, its entrance and its slip to Elk street, in the city of Buffalo, and to make an appropriation therefor." — Not approved.
This bill is objected to and disapproved for the reason that the expenditure of the twenty thousand dollars provided for is not deemed necessary or advis- able at the present time.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1419, TO INCORPO- RATE THE NEW YORK FINANCE COMPANY.
State of New York.
Executive Chamber,
Albany, May 10, 1893.
Memorandum filed with Assembly bill No. 141 9, entitled "An act to incorporate the New York Finance Com- pany. ' ' — Not approved.
In addition to the powers granted to this company to guarantee contracts, it is also authorized by this
PUBLIC PAPERS OF GOVERNOR FLOWER. 155
bill to do a trust company business with the following advantages over trust companies incorporated under general law :
1. Its capital is placed at $100,000. Other trust com- panies in the city of New York are obliged to have a capital of at least $500,000.
2. It can invest its capital in any securities it sees fit. Other trust companies are obliged to invest in permanent securities.
3. It is relieved from the operation of the usury laws. Other trust companies are subject to the usury laws.
4. The stockholders of this proposed company are only individually liable for the amount of stock held by them respectively. Stockholders in other trust com- panies are individually liable not only for the amount of stock subscribed by them, but for a corresponding amount in addition thereto.
There are other provisions of the bill whereby the company is relieved from obligations imposed upon other trust companies. The last trust company incor- porated by special charter was in the year 1884. All companies organized since 1884 have been incorporated under the general act. I see no reason why special legislation conferring unusual advantages should be bestowed upon this corporation.
ROSWELL P. FLOWER.
156 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL No. 1223, TO RE-CHAR- TER THE CITIZENS' LOAN AGENCY AND GUARANTEE COMPANY.
State of New York.
Executive Chamber,
Albany, May 10, 1893.
Memorandum filed with Assembly bill No. 122J, entitled "An act to amend chapter five hundred and fifty-three of the Laws of eighteen hundred and eighty five, entitled 'An act to incorporate the Citizens' Loan Agency and Guarantee Company.' " — Not approved.
I suspect that the main object of this bill is to resuscitate a defunct corporation. It gives a special advantage to this company over other companies in authorizing it to incorporate with only half the amount of capital stock which the general law for the incor- poration of trust companies requires in the case of companies located in New York city. In the opinion of the Superintendent of Banks, moreover, the bill is objectionable in authorizing the issue of both preferred and common stock, inasmuch as the company is a
banking corporation.
ROSWELL P. FLOWER.
wP UBUC PAPERS OF GO VERNOR FLO WER. 1 5 7
VETO, ASSEMBLY BILL INTRODUCTORY No. 1266, AMENDING THE GAME LAW.
State of New York.
Executive Chamber,
Albany, May 10, 1893.
Memorandum filed with Assembly bill Introductory No. 1266, entitled "An act to amend section one hundred and thirty -six of the Game Law." — Not approved.
This bill amends the same section of the Game Law as is amended by chapter 573 of the Laws of 1893, which I have recently approved. To sign the bill, therefore, would nullify the provisions of the prior amendment whose enactment is more desirable, in my judgment, than that now before me.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1153, TO INCOR- PORATE THE VILLAGE OF SARANAC LAKE.
State or New York.
Executive Chamber,
Albany, May 10, 1893.
Memorandum filed with Assembly bill No. 1153, entitled "An act in reference to the incorporation of the village of Saranac Lake." — Not approved.
The Constitution says that the Legislature shall not pass a private or local bill incorporating villages.
IS8 PUBLIC PAPERS OF GOVERNOR FLOWER.
While in title this bill does not incorporate the village of Saranac Lake, in substance it certainly appears to have that object. In my judgment, therefore, it is unconstitutional.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 672, FOR THE RELIEF OF POLICE JUSTICE BELLIS OF
PENN YAN.
State of New York.
Executive Chamber,
Albany, May 10, 1893.
Memorandum filed with Assembly bill No. 6y2, entitled "An act to legalize the official acts of Delos A. Bellis as police justice of the village of Penn Yan, county of Yates and State of New York.' — Not approved.
This bill is too sweeping in its terms and fails to specify the particular acts which are intended to be legalized.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 159
VETO, ASSEMBLY BILL No. 1327, TO REGULATE THE BUSINESS HOURS OF COUNTY CLERKS.
State of New York.
Executive Ciiainber,
Albany, May 10, 1893.
Memorandum filed with Assembly bill No. 132"/, entitled "An act to am.end the county law." — Not approved.
This bill is defectively drafted and no harm can come from postponing its enactment till another year, when more care can be taken with its construction.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1070, TO AMEND THE MECHANICS' LIEN LAW.
State of New York.
Executive Chamber,
Albany, May 10, 1893.
Memorandum, filed with Assembly bill No. loyo, entitled "An act to amend chapter three hundred and forty-two of the Laws of eighteen hundred and eighty five, entitled 'An act for the better security of mechanics, laborers and others who perform labor or furnish materials for buildings and other improvements in the several cities and counties of this State, and to repeal certain acts and parts of acts' " — Not approved.
The amendment proposed by this bill is evidently
l6o PUBLIC PAPERS OF GOVERNOR FLOWER.
well-intended but the ' language is too confused to make sense. The measure is therefore disapproved.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 645, AMENDING THE PENAL CODE AS TO FALSE PRETENSES.
State of New York.
Executive Chamber,
Albany, May 11, 1893.
Memorandum filed with Assembly bill No. 6/f.^, entitled "An act to am,end the Penal Code, relating to pur- chases of property by false pretenses." — Not approved.
As section 544 now stands, a false pretense which relates to the purchaser's ability to pay is not criminal unless it is in writing and signed by the party to be charged.
The reason for this restriction was, doubtless, the danger of holding a person criminally liable for merely casual conversation respecting his means, which might be easily misunderstood or even by a slight variation materially misrepresented. A vendor of goods might be strongly tempted to misuse a more lax statute to collect a debt rather than to punish a crime.
The proposed amendment would modify this section by providing that when a previous written statement has been made, a false verbal statement of the purchaser that his means or ability have not changed, or a fraudulent concealment of any such change, shall be criminal.
P UBLIC PAPERS OP GO VERNOR FLO WER. 1 6 1
Such an amendment would restore the old danger of misunderstanding or misrepresenting verbal state- ments. That danger is just as great when the con- versation refers to a prior written statement, and even greater where there is claimed to be a failure to make known any change in the purchaser's circum- stances. A new written statement can be always required if a new credit is asked for. Then there can be no misunderstanding as to the exact representations made by the vendor. It is right that a seller should be protected against actual fraud and the section as it now stands is sufficient for that purpose.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 967, AMENDING THE CODE OF CRIMINAL PROCEDURE AS TO JURISDICTION OF COURTS.
State of New York.
Executive Chamber,
Albany, May 11, 1893.
Memorandum filed with Assembly bill No. pdy, entitled "An act to amend the Code of Criminal Procedure." — Not approved.
I would cheerfully approve the second section of
this bill, which provides for the personal examination
and cross-examination of persons who make affidavits
for use on a motion for a new trial on the ground of
II
1 62 PUBLIC PAPERS OF GOVERNOR FLOWER.
newly-discovered evidence, if it stood alone, but the first section amends section $6 of the Code of Criminal Procedure, and does not embody the important amend- ments to that section contained in chapters 150 and 570 of the Laws of this year. To approve this bill, would, therefore, lead to much confusion, and besides, it is doubtful if the jurisdiction of a court of special sessions should be restricted to the town, city or village in which it is held.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1094, AMENDING THE CODE OF CIVIL PROCEDURE, AS TO LIMITATION.
State of New ITork.
Executive Chamber,
Albany, May 11, 1893.
Memorandum filed with Assembly bill No. log^., entitled "■An act to amend the Code of Civil Procedure." — Not approved.
The second section of this bill, if it became a law, would reduce to two years the time within which an action may be commenced to recover for damages to property, or to procure an injunction where the cause of action arises from damages to property, caused by the construction, maintenance and operation of a railway.
PUBLIC PAPERS OF GOVERN' OR FLOWER. 163
It is said with some force that the present periods of limitation (six and ten years), are unreasonably long, and that no injustice would be done to the owners of property along the line of a railroad by requiring them to bring suit within a much shorter time. It is probable that a less period — say three years — would ordinarily suffice. Such a measure, however, should be submitted for legislative action or executive approval on its merits, and without the defects which render impossible the favorable consideration of this bill. After providing that the cause of action "is to be deemed to have accrued from the time of the actual commencement of the operation and the opening to the public for the purposes of transportation of that portion of the railway which is adjacent to the property for injury to which the action is brought," the bill goes on to say : " Except that in cases where a railway has been in operation before the passage of this act, the cause of action is to be deemed to have accrued at the time of the passage of this act." These are not apt words with which to amend an act which became law in 1876, nor would it be fair to either a private individual or a railway company to compel tedious litigation m the courts over language, the construction of which is so -manifestly uncertain.
Again, the third section of the bill, with which the other must stand or fall, is especially objectionable. It allows a court in or to which an appeal is taken to supply defects in an attempted appeal, even an omission to file or serve any notice of appeal whatever, if a case or exceptions are filed with the clerk or served on
164 PUBLIC PAPERS OF GOVERNOR. FLOWER.
the adverse party. To give the courts power to thus extend the , time to ;appeal would be a radical innovation and is certainly contrary to the public interests which require reasonable certainty in the time within which appeals from one tribunal to another must be taken.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1197, RELATING TO TREES IN PARKS AND STREETS IN NEW YORK CITY.
State of New York.
Executive Chamber,
Albany, May 11, 1893.
Memorandum filed with Assembly bill No. 11 gj, entitled "An act to provide for the care and preservation of the parks and trees on the Boulevard and West End avenue in the city of New York." — N-ot approved.
The local authorities of New York are opposed to the transfer of control provided for in this bill and have requested me to withhold my approval from it.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. l6S
VETO;- ASSEMBLY BILL No. 1208, RELATING TO ; THE FIRE DEPARTMENT OF BROOKLYN.
State of New York.
Executive Chamber,
Albany, May 11, 1893.
Memorandum filed with Assembly bill No. 1208, entitled "An act to amend chapter five hundred and eighty- three of the Laws of eighteen hundred and eighty-eight, entitled 'An act to revise and combine in a single act all existing special and local laws affecting public . interests in the city of Brooklyn^ relating to the depart- ment of fire." — Not approved.
The local authorities are opposed to this bill. Any meritorious case arising under its provisions they have now ample authority to determine without the neces- sity of special legislation. Moreover, that feature of the bill which purports to regulate the salaries of subordinate officials in a municipal department is on general principles worthy of condemnation.
ROSWELL P. FLOWER.
l66 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL No. 1078, FOR THE ACQUISITION OF WATER FRONT BY THE CITY OF BROOKLYN.
State of New York.
Executive Chamber,
Albany, May 11, 1893.
Memorandum filed ivith Assembly bill No. loyS, entitled "An act to provide for the acquisition of water front for the city of Brooklyn." — Not approved.
This bill authorizes the appointment of a commission consisting of the Mayor, Comptroller and President of the Board of Aldermen to investigate the "wisdom, expediency and policy " of the acquisition of the entire water front of the city by purchase or condem- nation. I am informed that the mayor regards such a scheme of purchase impracticable and likely to involve the city in the expenditure of a great many millions of dollars. ^ The appointment of a commission therefore, and the expenditure of $10,000, authorized for its expenses, are a doubtful use of public money.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 167
VETO, SENATE BILL No. 684, RELATING • TO IMPROVEMENTS IN THE EIGHTH WARD OF BROOKLYN.
State of New York.
Executive Chamber,
Albany, May 11, 1893.
Memorandum, filed with Senate bill No. 684., entitled "An act to amend chapter three hundred and sixtyfive of the Laws of eighteen hundred and eighty-nine, entitled 'An act to provide for certain improvements in the eighth ward of the city of Brooklyn,' as amended by chapter four hundred and fifty-two of the Laws of eighteen hundred and ninety." — Not approved.
Identically the same bill is now a law constituting chapter 587 of the Laws of 1893.
ROSWELL P. FLOWER.
l68 P UBLIC PAPERS OF GO VERNOR FLO VVER.
VETO, SENATE BILL No. 568, TO CLOSE A PART OF CLYMER STREET, BROOKLYN, AND
ASSEMBLY BILL No. 1183, TO CLOSE A PART OF HEYWARD STREET, BROOKLYN.
State of New York.
Executive Chamber,
Albany, May 11, 1893.
Memorandum filed with Senate bill No. 568, entitled "An act to close a portion of Clymer street, in the city of Brooklyn, and strike the same from the commissioners^ map of the city of Brooklyn." — Not approved, and
Assembly bill No. Ii8j, entitled "An act to close a certain part of Heyward street, in the city of Brooklyn, and to strike the same frorn the commissioners' map." — Not approved.
I have just signed a bill amending the charter of the city of Brooklyn so as to give the common council " power, with the consent of the mayor, to lay out streets in said city and to place the same on the com- missioners' map and to change said map by closing and striking therefrom or altering the lines of any street now on or hereafter placed on said map."
These bills are therefore unnecessary.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GaVERNOR FLOWER. 169
VETO, ASSEMBLY BILL No. 1290, FOR FURTHER WORK ON THE STATE ARMORY AT CATSKILL.
State of New York.
Executive Chamber.
Albany, May 11, 1893.
Memorandum filed with Assembly bill No. i2go, entitled "An act to provide for the completion and betterment of the State armory at Catskill, New York, and making an appropriation therefor." — Not approved.
I am informed by the Adjutant-General that there
is no particular necessity for the enactment of this
bill at the present time.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 189, RELATING TO THE PENNY BRIDGE IN ROCKLAND COUNTY.
State. OF New York.
Executive Chamber.
Albany, May 11, 1893.
Memorandum, filed with Assembly bill No. i8g, entitled "An act to define and declare the responsibility for maintaining a certain bridge over Minisceongo creek in the county of Rockland, a navigable tide-watir stream, said bridge being' knownr as the Penny bridge, and having a draw to permit the passage of vessels plying in such stream ." — Not approved.
I am not aware that there is any obligation on the
1 70 P UBLICJ'AJt££S OF GO VERNOR JPLO WER.
part of the State to assume charge of and maintain
this bridge.
ROSWELL P. p-^LOWER.
VETO, SENATE BILL No. 732, FOR CER- TAIN HIGHWAY IMPROVEMENTS IN NEW UTRECHT, KINGS COUNTY.
State of New York.
Executive Chamber.
Albany, May 11, 1893.
Memorandum filed with Senate bill No. J32, entitled "An act to provide for improvements in streets and highways in towns within counties containing upwards of six hundred thousand inhabitants." — Not approved.
Although general in terms, this bill affects exclusively
the town of New Utrecht. The scheme of the act is
to provide for a system of local improvements and it
authorizes an expenditure of not exceeding $800,000
for these purposes. I have already approved a bill
authorizing the expenditure of $500,000 for purposes
of local improvement in this town and so great
appears to be the local opposition to this additional
measure that I am compelled to withhold from it my
approval.
ROSWELL P. FLOWER.
P UBLIC PAPERS OF GO VERNOR FLO WER. 1 7 1
VETO, ASSEMBLY BILL No. 1028, FOR AN ANATOMICAL SCHOOL AT SENECA FALLS.
State of New York.
Executive Chamber,
Albany, May ii, 1893.
Memorandum filed with Assembly bill No. 1028, entitled "An act to authorize the Seneca Falls School of Anatomy to procure, receive and dissect dead bodies." — Not approved.
There is no such school of anatomy now incorporated. If it is intended indirectly by this act to incorporate said school, the bill is unnecessary, inasmuch as a general law already provides for the incorporation of such institutions. As to the authority conferred by this bill to procure, receive and dissect dead bodies that is sufficiently taken care of by the public health law.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1014, TO ESTABLISH A STATE BOARD OF UNDERTAKERS.
State of New York.
Executive Chamber.
Albany, May 11, 1893.
Memorandum filed with Assembly bill No. loi/j., entitled "An act to establish a State board of undertakers and to regulate the practice of undertaking." — Not approved.
I am constrained to refuse my approval to this act.
1/2 P UBLIC PAPERS OF GO VERNOIi FLO WER.
It is Opposed by the State Board of Health., which fears that, as present drafted, the measure would create conflict between that board and the State examining board of undertakers which it is proposed to establish. This objection woijld control my action on the bill regardless of any opinions which I might have as to the substantial merits of the measure.
• ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 927, GIVING THE BOARD OF CLAIMS JURISDICTION TO GRANT RELIEF TO COUNTIES IN CERTAIN INSTANCES.
State of New York.
Executive Chamber,
Albany, May 11, 1893.
Memorandum filed with Assembly bill No. ()2'j, entitled "An act for the relief of certain counties." — Not approved.
It is extremely doubtful whether counties included under the provisions of this proposed act have any equitable claim against the 'State. Any building or buildings which were erected prior to April 15, 1890, to be used solely as a county asylum for the insane, were constructed at the risk of the counties and in pursuance of licenses granted by the State Board of Charities which were expressly revokable at pleasure in their terras'.
PUBLIC PAPERS Of GOVERNOR FLOWER. 1/3
This bill, moreover, ■ does not submit to tbe Board of Claims the question of whether liability exists on the ' part of the State, but assumes such a liability,' and merely authorizes the Board of Claims to fix the amount of such liability.
There is scarcely a county in the State, except Kings and New York, whose injuries by reason of the State Care Act are greater than the benefits conferred by that act. Its provisions and operation save to each county almost fifty per cent of the amount which the county formerly raised by taxation for the support of its insane under the old county care systein. The figures of actual saving were presented by me some time ago in my memorandum approving the appropriation for carry- ing into effect the provisions of the State Care Act.
ROSWELL P. FLOWER.
174 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL No. 232, TO REGULATE HOURS OF LABOR ON SURFACE AND ELE- VATED STREET RAILROADS.
State of New York.
Executive Chamber,
Albany, May 12, 1893.
Memorandum filed with Assembly bill No. 2j2, entitled "An act to am.end chapter five htmdred and twenty- nine of the Laws of eighteen hundred a7id- eighty-seven, entitled 'An act to regulate the hours of labor in the street surface and elevated railroads chartered by the State, in cities of one hundred thousand inliabitants and over.' " — Not approved.
While ostensibly in the interest of employees of street surface and elevated railroads, this bill repeals more privileges than it confers. Its chief advantage is the extension of the ten-hour law to cities of more than 75, 000 inhabitants. This would affect two cities not included within the operation of the law at present.
The bill's great disadvantage is that it exempts New York city and its thousands of street surface and elevated railroad employees from the beneficial effects of the existing ten-hour law. I am not aware that the workingmen employed upon street railroads in that great city care to be exempted from the provis- ions of an act which they were largely instrumental in passing, and which has served a useful purpose in shortening their hours of labor.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 175
VETO, SENATE BILL No. 38, AMENDING THE CODE OF CIVIL PROCEDURE AS TO DELIVERY OF ACKNOWLEDGED INSTRUMENTS.
State of New York.
Executive Chamber,
Albany, May 12, 1893.
Memorandum filed with Senate bill No. j8, entitled "An act to am.end section nine hundred and thirty-seven of the Code of Civil Procedure, relating to the proof and acknowledgment of instruments and the effect of the same as evidence." — Not approved.
If I Was sure that the effect of this bill would be simply to change the existing rule of law as to the presumption of the date of delivery of an instrument which has actually been delivered, I would not with- hold my approval , but it applies by its terms, taken literally, to all acknowledged instruments whatever, and might well be construed to raise a presumption of delivery where none now exists.
In view .of the temptation which might thus be afforded to evade the law respecting taxable transfers of property, I deem it better that the bill in its present form should not become a law.
ROSWELL P. FLOWER.
176 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL No. 496, AMENDING THE LAW FOR THE PROTECTION OF TRADE- MARK BOTTLES, ETC.
State of New York.
Executive Chamber,
Albany, May 12, 1893.
Memorandum filed tvitli Assembly bill No. ^g6, entitled "An act to amend ■ chapter three hundred and seventy - seven of the Laws of eighteen hundred and eighty- seven, entitled 'An act to protect the owners of bottles, boxes, syphons and kegs used in the sale of soda waters, mineral or aerated voaters, porter, ale, cider, ginger ale, milk, cream, small beer, lager beer, zveiss beer, beer, white beer or other beverages.'" — Not approved.
I fear that this bill is too sweeping and radical in its provisions. The inconvience and possible injustice ■which it would involve are hardly to be compensated by the advantages of the measure.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. IJ?
VETO, ASSEMBLY BILL No. 975, RELATING TO ONTARIO COUNTY EXCISE MONEYS.
State of New York. * Executive Chamber,
Albany, May 12, 1893.
Memorandum filed with Assembly bill No. 975, entitled "An act to provide for the disposition of excise tnoneys in the county of Ontario." — Not approved.
This bill establishes a different rule for Ontario county in the disposition of its excise moneys than for the other counties of the State. It seems to me that such an act should be uniform in its application. I question the advisability of excise revenues from towns being turned into the county treasury as this bill proposes, but such a law if enacted at all should be uniform throughout the State.
ROSWELL P. FLOWER. 12
178 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL No. 1534, FOR THE TAK- ING OF CEMETERY LANDS IN BUFFALO FOR STREET PURPOSES.
State of New York.
Executive Chamber,
Albany, May 12, 1893.
Memorandum filed with Assembly bill No. IJJ4., entitled "An act to authorize and empower the city of Buffalo to extend Parkside avenue in said city from Agassaz place southwesterly to Delavan avenue, and to take lands of the Buffalo City Cemetery Association for that purpose." — Not approved.
The officers of the Buffalo City Cemetery Associa- tion, through "which it is proposed by this bill to extend Parkside avenue, have filed with me a state- ment in which they protest against the bill's enactment on the ground, chiefly, that the association would be compelled to pay an immediate expense of $22,400 for paving and $3,360 for sidewalks, as its assessment for the improvement. Inasmuch as the cemetery associa- tion depends entirely for its revenues upon its sale of lots and as all its revenues have been devoted to embellishing and caring for its cemetery lands, there would seem to be an injustice in compelling the association to bear so much of the cost of the improve- ment. With this view I have been unable to affix my signature to the measure.
ROSWELL P. FLOWER.
P UBLIC PAPERS OF GO VEKNOR FLO WEK. 1 79
VETO, ASSEMBLY BILL No. 466, GIVING THE BOARD OF CLAIMS JURISDICTION IN THE CASE OF CARTER H. MORGAN.
State of New York.
Executive Chamber,
Albany, May 12, 1893.
Memorandum filed with Assembly bill No. /f.66, entitled "An act to authorize the State Board of Claims to hear, audit and determine the claim of Carter H. Morgan agaitist the State for damage to his property caused by the State in the construction of a channel from impart of the way), Oil creek reservoir, town of Cuba, New York, to the Genesee valley canal, and for work and labor done for said State." — Not approved.
It is understood that this bill is not intended to relieve the claimant from the operation of the short statute of limitation ; but insofar as it is intended to legalize the employment of said Morgan by some engineer, it attempts to revive a claim at least a quarter of a century old.
As to that part of the act which" gives jurisdiction to the Board of Claims to hear the claim for land appropriated by the State, it has been represented that no statute of limitations has run against the claim, for the reason that no notice of the appropriation has ever been served by the State authorities upon Morgan and no map of the property appropriated has ever been filed pursuant to statute.
l8o PUBLIC PAPERS OF GOVERNOR FLOWER.
Therefore, so far as that part of the act is concerned, it is unnecessary, because the claimant may file his claim in the Board of Claims pursuant to law without reference to this act ; and as to the other part, the Legislature cannot revive the claim for services, more than six years having elapsed since the employment.
ROSWELL P. FLOWER.
VETO, SENATE BILL No. 517, GIVING THE BOARD OF CLAIMS JURISDICTION IN THE CASE OF JOHN R. PUTNAM.
State of New York.
Executive Chamber,
Albany, May 12, 1893.
Memorandum filed with Senate bill No. 577, entitled ''An act to authorize the Board of Claims to hear, audit and determine the claim of John R. Putnam against the State, for damages to his property caused by the State, and losses sustained and growing out of the man- agement of the Erie canal, and to make an award therefor. ' ' — Not approved.
The circumstances under which the passage of this bill has been asked from the Legislature indicate that its purpose is to affect pending legislation before the Board of Claims. I am convinced that the measure has not sufficient merit to warrant its enactment.
ROSWELL P. FLOWER.
P UBLIC PAPERS OF GO VERNOR FLO WER. 1 8 1
VETO, SENATE BILL No. 71, GIVING THE BOARD OF CLAIMS JURISDICTION IN THE CASE OF CHARLES McKINSTRY.
State of New York.
Executive Ctiamber,
Albany, May 12, 1893.
Memorandum filed with Senate bill No. 7/, entitled "An act conferring jurisdiction upon the Board of Claims to hear, audit and determine the claim, of Charles McKinstry against the State of New York." — Not approved.
I do not believe tbat this claimant has any just claim against the State. McKinstry seeks by this act to get reimbursed for the value of certain hogs on his premises destroyed by cholera. He seeks to hold the of&cer appointed by the Governor responsible for his loss. As a matter of fact the Executive agent examined the hogs at the owner's personal request, and made suggestions relative to the treatment of the disease. He reported at the time that a large nuraber of the hogs -would undoubtedly die, which I am informed was the case. Probably more of them would have died had the State Veterinarian not interested himself in the case. To enact this bill would be to establish a dangerous precedent for the future. The law in such cases is well defined. It does not con- template destruction of cattle except where destruction is necessary to prevent a spread of the disease, and it
1 82 PUBLIC PAPERS OF GOVERNOR FLOWER.
only contemplates indemnity for cattle destroyed wiien
the destruction takes place upon the order of the
Governor or his agent.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 735, GIVING THE BOARD OF CLAIMS JURISDICTION IN THE CASE OF THOMAS BENWAY.
State of New York.
Executive Chamber,
Albany, May 12, 1893.
Memorandum filed with Assembly bill No. 7J5, entitled "An act to authorize the Board of Claims to hear, audit and determ.ine the claim of Thomas Benway, Junior, against the State for loss and damage to his property caused by the State, and to make an award therefor." — Not approved.
I fear that such legislation as this would open a field of similar bills, and would revive a number of claims that have already been disposed of. The act of 1870 (chapter 321, section i) expressly provided that there should be no liability for damages arising from the navigation of the canals.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 1 83
APPOINTMENT OF AN EXTRAORDINARY CIRCUIT, SPECIAL TERM AND OYER AND TERMINER, AT BELMONT.
State of New York.
Executive Chamber.
It appearing to my satisfaction that the public interest requires it.
Therefore, in accordance with the statute in such case made and provided, I do hereby appoint an Extraordi- nary Term of the Circuit, Special Term and Oyer and Terminer of the Supreme Court, to be held at the court-house in Belmont, county of Allegany, on Monday, the twelfth day of June, 1893, at ten o'clock in the forenoon of that day, and to continue so long as may be necessary for the disposal of the business that may be brought before it ; and I do hereby designate the Honorable Hamilton Ward, a Justice of the Supreme Court, to hold the said extraordinary term of the Circuit, Special Term and Oyer and Terminer of the Supreme Court as hereinbefore described.
And I do further direct that notice of such appoint- ment be given by publication once in the Allegany County Democrat, a newspaper published at Wellsville. Given under my hand and the privy seal of the State, at the Capitol in the city of Albany, this
[l. s.] twelfth day of May in the year of our Lord one thousand eight hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
l84 PUBLIC PAPERS OF GOVERNOR FLOWER.
APPOINTMENT OF AN EXTRAORDINARY SPECIAL TERM AT BELMONT.
State of New York.
Executive Chamber.
It appearing to my satisfaction that the public interest requires it,
Therefore, in accordance with the statute in such case made and provided, I do hereby appoint an Extraordi- nary Special Term of the Supreme Court to be held at the court-house in Belmont, county of Allegany, on Monday, the twenty-eighth day of August, 1893, at ten o'clock in the forenoon of that day, and to continue so long as may be necessary for the disposal of the business that may be brought before it ; and I do hereby designate the Honorable Hamilton Ward, a Justice of the Supreme Court, to hold the said Extra- ordinary Special Term of the Supreme Court.
And I do further direct that notice of the appoint- ment aforesaid be given by publication of this order once in the Allegany County Democrat, a newspaper published at Wellsville.
Given under my hand and the privy seal of the State, at the Capitol in the city of Albany, this
[l. S.J twelfth day of May in the year of our Lord one thousand eight hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
PUBLIC PAPERS OF GOVERNOR FLOWER. 1 85
IN THE MATTER OF JOHN A. HOXSIE, SHERIFF OF ONONDAGA — ORDER DIS- MISSING CHARGES.
State of New York.
Executive Chamber.
In the matter of the charges preferred against John A. Hoxsie, Sheriff of the county of Onondaga. — Order dismiss- ing charges.
Charges of misconduct in office and neglect of duty- having been heretofore preferred by the Ministerial Association of Syracuse against John A. Hoxsie, Sheriff of the county of Onondaga, and a copy of such charges having been duly served on the said Hoxsie and after a hearing before me at which the said Minis- terial Association, after due notice, appeared and were heard in support of such charges but failed to produce any testimony or witnesses to sustain the accusation preferred against said sheriff, and the said sheriff having appeared in person and by counsel and with witnesses to prove that he exercised due diligence in the matter upon which the accusation against him was preferred ; now therefore, after due consideration given to the arguments and testimony before me, it is hereby
Ordered, that the charges against said John A. Hoxsie be and the same are hereby dismissed.
l86 PUBLIC PAPERS OF GOVERNOR FLOWER.
Given under my hand and the privy seal of the
State, at the Capitol in the city of Albany, this
[l. s.] twelfth day of May in the year of our Lord
one thousand eight hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
MEMORANDUM FILED WITH SENATE BILL No. 514. EXTENDING TIME FOR COMPLETION OF THE YONKERS RAILROAD.
State of New York.
Executive Chamber,
Albany, May 13, 1893.
Memorandum filed with Senate bill No. 57^, entitled ''An act to extend the time within which the Yonkers Rail- road Company shall complete the several portions or sections of its railroad." — Approved.
An explanation of my p.pproval of this bill is due to the parties interested. On May eleventh, I filed a memorandum of reasons for disapproving the measure, and I learn now that the statement of facts upon which the disapproval was based was incorrect. The bill was disapproved on two grounds :
First. That the time for the completion of the road, making due allowance for legal proceedings, expired on February 11, 1893, and that therefore the bill was
PUBLIC PAPERS OF GOVERNOR FLOWER. 1 87
Open to the constitutional objection of being a special bill authorizing a corporation to lay down railroad tracks. The information on which this conclusion was based was furnished from the Railroad Commission. I have since been shown, however, a certified copy of an order of the Supreme Court, dated February 4, 1893, extending the time for the completion of the road until the determination of an injunction suit pending at that time and still pending. Had this information been lodged with the Railroad Commission or the Executive the mis-statement would not have been made and this ground of disapproval would not have existed. Second. That the bill might be obnoxious to art. 1 1 1 , sec. 16 of the Constitution, in that it not only sought under one title to extend the time for the completion of the road but also to release the company from the obligation of constructing its road on certain streets and avenues in the city of Yonkers. As a matter of fact I learn now that this provision does not release the company from any obligation of this kind, for the company's charter never authorized it to construct a railroad on those streets. The provision was inserted in the bill at the instigation of persons who feared that the charter did give rights to occupy those streets. Consequently there is no releasing of obligations in
the bill.
I regret any embarrassment to the company which my previous action raay have caused, and with the facts thus presented to me I cheerfully approve the bill.
ROSWELL P. FLOWER.
1 88 p UBLIC PAPERS OF GO VERNOR FLO WER.
IN THE MATTER OF JAMES MARTELL, A CON- DEMNED MURDERER.— APPOINTMENT OF COMMISSIONERS.
State of New York.
Executive Cliamber,
I hereby appoint Samuel B. Ward, M. D., of tlie city of Albany, and Carlos F. MacDonald, M. D., of the city of New York, commissioners to examine James Martell, now confined in Clinton prison under sentence of death., and to report their conclusions as to his present sanity, such report to be made to me in writing at their earliest convenience.
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 May in the year of our Lord
one thousand eight hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
PUBLIC PAPERS OF GOVERNOR FLOWER. 1S9
VETO, ASSEMBLY BILL No. ;so MAKING THE
ERIE COUNTY CLERK'S OFFICE A SALARIED
OFFICE.
State of New York.
Executive Cliamber.
Albany, May 15, 1893.
Memorandum filed with Assembly bill No. 750, entitled "An act to amend chapter five hundred and two of the Laws of eighteen hundred and eighty five, entitled ' A n act to make the office of the county clerk of Erie county a salaried office, and regulating the management of said office.' " — I\lot approved.
This bill is defectively drafted. It ovferlooks an intermediate amendment of the same chapter con- tained in chapter 149 of the Laws of 1891.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 561, RELATING TO THE POLITICAL DIVISIONS OF THE STATE.
State of New York.
Executive Chamber,
Albany, May 15, 1893.
Memorandum filed with Assembly bill No. 561, entitled "An act in relation to the political divisions of the State, constituting chapter three of the general laws."^- Not approved.
I am forced to withhold my approval from this bill by reason of an error contained in the repealing schedule.
ROSWELL P. FLOWER.
1 9° PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL No. 730, RELATING TO EXECUTORS AND ADMINISTRATORS.
State of New York.
Executive Chamber,
Albany, May 15, 1893.
Memorandum filed with Assembly bill No. yjo, entitled "An act to amend section thirty-four of title three of chapter six of part two of the Revised Statutes relative to executors and administrators." — Not approved.
I am not convinced that this amendment is a wise
one, but -whether wise or unwise it conflicts with the
provisions of the surrogates' law which I recently
approved.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 581, TO REGULATE THE SALE OF ANTHRACITE COAL.
State of New York.
Executive Chamber,
Albany, May 15, 1893.
Memorandum filed with Assembly bill No. ^81, entitled "An act concerning the sale of anthracite coal and defin- ing the grade thereof." — Not approved.
This is a bill unnecessarily interfering with private business, and would not, in my opinion, accomplish the good results which it is intended to accomplish.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. I9I
VETO, SENATE BILL No. 300, RELATING TO
SURROGATES' CLERKS AND THE SUCCESSION
TAX.
State of New York.
Executive Chamber,
Albany, May 15, 1893.
Memorandum filed with Senate bill No. joo, entitled "'An act to amend section nineteen of chapter three hundred and ninety-nine of the Laws of eighteen hundred and ninety-two, entitled 'An act in relation to taxable trans- fers of property.' " — Not approved.
This bill allows tlie county treasurer of each county, except the counties of New York and Kings, to retain from the receipts of the so-called succession tax two dollars for every estate reported by the surrogate, to be applied to providing the surrogate with a transfer tax clerk. I approve of the purpose of the bill, but I think the salary of the clerk should paid out of the fees of the county treasurer for collecting the succession tax and not out of the State's net revenues from that tax. Should this bill be enacted it would reduce by perhaps fifty thousand dollars each year the revenues to the State from this source. A thorough enforcement of the succession tax imposes additional duties upon the surrogates and they should be supplied with sufficient clerical service, but it is the design of the law that the expenses of collection should be met out of the fees retained by the county treasurer and this bill should have been drafted with that in view.
ROSWELL P. FLOWER.
192 P UBLIC_ PAPERS OF CO VERNOR FLO WER..
VETO, ASSEMBLY BILL No. 1357, RELATING TO TAXABLE TRANSFERS OF PROPERTY.
State of New York.
Executive Chamber,
Albany, May 15, 1893.
Memorandum filed with Assembly bill No. 1357, entitled "An act to amend chapter three hundred and ninety-nine of the Laws of eighteen hundred and ninety- two, entitled 'An act in relation to taxable transfers of property.' " — J\lot approved.
While this bill has some desirable amendments to the law affecting the administration of estates, I am constrained to disapprove it for a similar reason to that stated in my memorandum of disapproval of Senate bill No. 300, entitled "An act to amend section nineteen of chapter three hundred and ninety-nine of the Laws of eighteen hundred and ninety -two, entitled 'An act in relation to taxable transfers of property.' " The increased salaries provided should not be paid out of the net revenues from the succession tax in the county of New York, but should be paid out of the fees which the Comptroller of New York is allowed to retain for collecting said tax.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 1 93
I
VETO, SENATE BILL No. 518, FOR RENEWAL OF LEASES OF STATE SALT LOTS.
State of New York.
Executive Chamber,
Albany, May 15, 1893.
Memorandum filed with Senate bill No. §18, entitled "An act authorizing the renewal of the leases of the fine salt manufacturing lots on the Onondaga Salt Springs Reser- vation. ' ' — IVot approved.
There appears to be some question whether the
enactment of this bill would not by implication involve
the State in a serious liability. Inasmuch as the sale
of the salt springs is quite likely to be authorized
by the forthcoming Constitutional Convention, I think
it would be just as well to allow this bill to go over
for fuller consideration at a subsequent session of
the Legislature.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 11 22, AMENDING THE HIGHWAY LAW.
State of New York.
Executive Chamber,
Albany, May 15, 1893.
Memorandum filed with Assembly bill No. 11 22, entitled "An act to amend the highway law." — Not approved.
No town is liable for any damage resulting to 13
194 PUBLIC PAPERS OF GOVERNOR FLOWER.
person or property by reason of the breaking of any
bridge by transportation on the same of any vehicle
and load which together weigh four tons or over.
The proposed amendment would increase this maximum
weight to five tons or over. With the prevailing
condition of highways throughout the State, it seems
to me that the law as it stands at present is
preferable.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1453, FOR THE
OPENING OF REMSEN AVENUE, KINGS
COUNTY.
State of New York.
Executive Chamber.
Albany, May 15, 1893.
Memorandum filed with Assembly bill No. 14.53, entitled ''An act to provide for the opening, grading, paving and improving of Remscn avenue, tn the towns of Flat- lands and Flatbush, in Kings county T — Not approved.
There seems to be such widespread local opposition to this measure that public interests will not suffer if the proposed amendment is delayed until it is abundantly demonstrated that the improvement is desired by a majority of the taxpayers.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 195
VETO, ASSEMBLY BILL No. 416, FOR THE APPOINTMENT OF A COLLECTOR OF COL- LATERAL INHERITANCE TAXES FOR KINGS COUNTY.
State of New York.
Executive Chamber,
Albany, May 15, 1893.
Memorandum filed with Assembly bill No. ^16, entitled "An act to make provision for the collection in the county of Kings of the tax under chapter three hundred and ninety-nine of the Laws of eighteen hundred and ninety-two, entitled 'An act in relation to taxable trans- fers of property^ by authorizing the appointment of a certain officer and making provision for the salary thereof, and for the paym.ent of certain expenses inciden- tal to such collection." — Not approved.
Aside from being open to the same objection of principle stated in my memorandum disapproving some- what similar bills for the county of . New York and the remainder of the State, this bill is defectively drafted, and, if enacted, would inadvertently abolish the present surrogate's transfer tax clerk in the county
of Kings.
ROSWELL P. FLOWER.
196 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, SENATE BILL No. 181, MAKING AN APPROPRIATION FOR POSSIBLE AWARDS BY THE BOARD OF CLAIMS.
State of New York.
Executive Chamber,
Albany, May 15, 1893.
Memorandum filed with Senate bill No. 181, entitled ''An act to make an appropriation for the payment of the awards of the Board of Claims, in claims other than those on account of the canals of this State." — Not approved.
This is particularly miscbievous legislation — mis- chievous because general legislation of a vicious kind is incorporated in the provisions of a desirable appro- priation bill.
The original intention of the bill was to provide for a deficiency of $17,000 in last year's appropria- tions for canal awards, and to appropriate $75,000 for awards other than canal awards to be made during the present calendar year.
But as the bill has reached the Executive it con- tains in addition to these appropriations a general provision of independent legislation, to the effect chiefly that upon claims for damages for breach of written contracts interest shall be allowed from the date of the breach, provided an appeal has been heard and the award affirmed. This independent legislation is, in my opinion, thoroughly bad and the appropria-
PUBLIC- PAPERS OF GOVERNOR FLOWER. 1 97
tions associated witli it, whicli standing by themselves I would readily approve, must suffer the fate of bad company.
This general legislation is intended to cover a particular case where the claimant has already been" defeated in the courts, but it would apply as well to any similar cases. The case in question is one in which a claim for damages for breach of contract on the part of the State was awarded by the Board of Claims, and the award was sustained by the Court of Appeals, but the Board of Claims, while allowing damages to the amount of $75,000, refused to allow interest from the date of the breach of contract, and this refusal was affirmed by the Court of Appeals, who said in their opinion: "If. this had been a common law action against an individual to recover damages for breach of contracts under precisely the same conditions, we are of opinion that interest could not legally have been allowed to the plaintiff, even from the commencement of the action. The claim is in every sense unliquidated. There was no possible way for the State to adjust the same and ascertain the amount which it was liable to pay, and hence within the decision of White v. Miller (71 N. Y., 118 ; 78 id., 393), it was not liable for interest. The law in reference to the allowance of interest is not in a very satisfactory condition, but it is believed that no decision in this court has yet gone the length of allowing interest in such a case."
K If interest could not lawfully be collected in actions Kimilar to this between individuals, there is no reason
198 PUBLIC PAPERS OF GOVERNOR FLOWER.
■why it should be allo-wed in actions against the State.
To allow this bill to become a law would not only be
establishing a different principle of law for claimants
against the State than obtains for claimants against
individuals, but under the guise of general legislation
would permit claimants who have had their day in
court and whose claims have been finally adjudicated
by the courts to set judicial opinions at defiance and
obtain gratuities from the State treasury through
legislative favoritism. Even were it deemed wise to
establish for future cases such a principle of law as the
bill embodies there would be no justification in applying
it to cases which have been definitely determined.
The interest involved in the one case which I have
mentioned would now amount to over $75,000, and the
enactment of this bill would mean this amount at least
taken immediately from the treasury without a show
of equitable claim.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 1 99
VETO, ASSEMBLY BILL No. 385, AMENDING
THE LAW ESTABLISHING THE BOARD OF
CLAIMS.
State of New York.
Executive Chamber,
Albany, May 16, 1893,
Memorandum filed tvith Assembly bill No. j8^, entitled "An act to amend chapter two hundred and five of the Laws of eighteen hundred and eighty-three, entitled 'An act to abolish the office of Canal Appraiser and the State Board of Audit, and to establish a Board of Claims and define its powers and duties'" — Not approved.
The blind and sweeping phraseology of this measure makes it a dangerous bill to sign in its present shape, even though its particular purpose were recog- nized and approved. As presented the bill assumes a liability on the part of the State "in any case in which a State tax, based upon the capital stock of a corporation, has been computed and paid upon a basis greater than the amount of the capital stock of such corporation employed within the State, or in case a corporation has paid a State tax under an unconstitutional law," and the Board of Claims, with which the claim may be filed, is practically given no alternative in the matter except to audit the claim. Such phraseology merely seems to submit a question of liability to a judicial tribunal, while in reality it deprives that tribunal of any power except to grant an award. Moreover such blind and general phraseology
200 PUBLIC PAPERS OF GOVERNOR FLOWER.
might include a number of cases in whicii there is not a shadow of State liability either in law or in equity, and the determination of which in this summary manner might take hundreds of thousands of dollars from the State treasury.
So far as the language of the bill can be readily translated, it is intended to include what has been known for years in the Legislature as the claim of the Western Union Telegraph Company for a tax assessed upon its entire capital stock in the year 1881, and paid several years afterward in pursuance of a judgment of the courts. Deferring for a moment the possibility of some other and ulterior purpose in the measure, which, as will be seen, is of itself sufficient to condemn it, let us consider the bill first merely as a legislative recognition of the validity and equity of the Western Union claim, and in this connection it is important that the facts should be frankly stated.
In 1883 an action was begun by the State against the Western Union Telegraph Company to recover taxes assessed on the entire capital stock and due November i, 1881. The company resisted on the ground -that only such portion of the capital stock as was actually employed within the State should serve as the basis of taxation, and after the case had been stubbornly contested in the courts final judgment for $179,571.18 was entered on April 10, 1885, in pursuance of the decision of the Court of Appeals in a similar action against the Gold and Stock Telegraph Company, which decision by prior stipulation between the parties was to control in the action against the Western Union Company.
PUBLIC PAPERS OF GOVERNOR FLO WER. 20I
While this action was pending and before its final determination another action had been begun against the Western Union Company for taxes for years subsequent to 1881.
So that after the decision of the Court of Appeals early in the year 1885, the Western Union Company was liable to the State for the amount of the judgment recovered for the tax on its entire capital stock for the year 1881, and was by virtue of this decision also liable for a similar tax on the entire capital stock, for the following years 1882, 1883 and 1884. With this • condition of affairs confronting it, and before payment of the judgment entered, the company through its counsel entered into a stipulation with the Attorney- General and the Comptroller, the main points of which were as follows :
1. That upon the enactraent by the Legislature of a bill then pending, whereby thereafter only the capital employed within the State should form the basis for taxation, the company would within ten days pay the full amount of the judgment, with costs and interest.
2. That upon the enactment of such a bill, the company would pay in the saxne way and within the same time all claims that the State then had against it for taxes, penalty or interest, and all costs of suits then pending and not included in the action in which judgment had been rendered, but the taxes accruing after 1881 should be computed by the Comptroller upon such portion of the capital stock of the company as was employed within the State.
202 PUBLIO PAPERS OF GOVERNOR FLOWER.
3. If no such law were passed then the company- should not waive its right of appeal from the judgment of the Court of Appeals to the Supreme Court of the United States, but would carry the case to that tribunal.
The law passed in June, 1885, and is chapter 501 of the laws of that year. The company fulfilled its part of the stipulation after some delay and paid the judgment. The State fulfilled its part of the stipulation and relieved the company from paying on the full ■amount of its capital stock during the years subsequent to 1881.
Now the company by this bill seeks to have the stipulation set aside so far as the payment of the taxes for 1 88 1 is concerned, and to get back from the State the amount of the judgment, less the proportion which represented taxation based solely on the amount of capital employed in the State. In behalf of this claim the company contends that in assessing the tax of 1881 upon the whole of its capital stock the State discrim- inated unjustly against this corporation, that the Western Union Company was practically the only corporation against which the law of 1 881, as construed by the courts, had been • enforced, and that the State having admitted the injustice of this construction by the enactment of chapter 501 of the Laws of 1885 ought in equity to release from its harsh operation the only corporation which had been obliged to suffer under it. If this statement is true, that the Western Union Telegraph Company is practically the only corporation against which the tax levied was based
PUBLIC PAPERS OF GOVERNOR FLOWER. 203
Upon the entire capital stock, instead of on that part employed within the State, I am inclined to think that the company would have a claim in equity against the State ; but inasmuch as the company itself voluntarily stipulated to pay, and did pay, the full amount of the tax assessed in 1881 as part compensation for the relief for the future furnished by >the act of 1885, it has debarred itself from being able to ask with equity any redress from the State. As the trustee of the people's money the Legislature is hardly justified in paying back to a corporation taxes which, however unjust, were paid both in pursuance of judicial decisions and with the hope and expectation on the part of the corporation that their prompt payment would bring legislative relief for the future, as it actually did.
So much for that part of the bill's phraseology which seems to refer to the Western Union claim. Another part of the language quoted above assumes a liability on the part of the State in any case where " a corpora- tion has paid a State tax, under an unconstitutional law." What class of cases is intended to be covered by this clause I am not able to say. Evidently it is a different class of cases from that which includes the Western Union claim. If the bill did not in another provision except taxes levied on real estate, it might be considered to reach all corporation taxes paid under chapter 734 of the Laws of 1872 which levied a general tax of 3^ mills and which was subsequently declared to be unconstitutional, or it may include as it stands any personal taxes paid by corporations under that
204 PUBLIC PAPERS OF GOVERNOR FLOWER.
unconstitutional act. At any rate tlie language is too uncertain and sweeping and should condemn the bill, regardless of any other provisions.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 692, RELATING TO TAXES IN ROCKLAND COUNTY.
State of New York.
Executive Chamber,
Albany, May 16, 1893.
Memorandum filed with Assembly bill No. 6g2, entitled "An act to enforce the collection of taxes levied in the county of Rockland." — Not approved.
Chapter 711 of the Laws of 1893 makes this bill
unnecessary.
ROSWELL P, FLOWER.
VETO, SENATE BILL No. 758, RELATING TO TAXES IN CLINTON COUNTY.
State of New York.
Executive Chamoer,
Albany, May 16, 1893.
Memorandum filed with Senate bill No. y^8, entitled "An act to enforce the collection of taxes levied in the county of Clinton." — Not approved.
Chapter 711 of the Laws of 1893 makes this bill
unnecessary.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 205
VETO, ASSEMBLY BILL No. 1085, RELATING TO TAXING LANDS OF NON-RESIDENTS.
State of New York.
Executive Chamber,
Albany, May 16, 1893.
Memoranckmi fded with Assembly bill No. 108^, entitled "An act to amend chapter five hundred and fifty-six of the Laws of eighteen hundred and ninety, entitled 'An act further to amend chapter four hundred and twenty-seven of the Laws of eighteen hundred and fifty five, entitled An act in relation to the collect ioti of taxes on lands of non-residents, and to provide for the sale of such land for unpaid taxes' " — Not approved.
This bill attempts to amend and add to a law which is repealed by chapter 711 of the Laws of 1893.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 380, TO AMEND THE PENAL CODE.
State of New York.
Executive Chamber,
Albany, May 17, 1893.
Memorandum filed with Assembly bill N,o. 380, entitled "An act to amend the Penal Code." — Not approved.
The provisions of this bill are all contained in chapter 692 of the Laws of this year.
ROSWELL P. FLOWER.
2o6 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL No. 389, TO AMEND
SECTION 2724 OF THE CODE OF CIVIL
PROCEDURE.
State of New York.
Executive Chamber,
Albany, May 17, 1893.
Memorandum filed with Assembly bill No. j8g, entitled "An act to amend section twenty-seven hundred and twenty-four of the Code of Civil Procedure, relative to judicial settlement of accounts." — Not approved.
The enactment of this measure is not considered advisable owing to the approval of the general surro- gates bill which now constitutes chapter 686 of the
Laws of 1893.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1206, TO AMEND
SECTION .2348 OF THE CODE OF CIVIL
PROCEDURE.
State of New York.
Executive Chamber,
Albany, May 17, 1893.
Memorandum filed zvith Assembly bill No. 1206, entitled "An act to amend section twenty-three hundred and forty-eight of the Code of Civil Procedure relating to the sale of real property of infants, lunatics and habit- ual drunkards." — Not approved.
Senate bill No. 425, which has already received my approval, contains provisions very similar to those in
PUBLIC PAPERS OF GOVERNOR FLOWER. 207
this bill. The enactment of this measure therefore would be unnecessary and might promote confusion.
ROSWELL P. FLOWER.
VETO, SENATE BILL No. 205, TO AMEND SECTIONS 992, 995, 996 AND 997 OF THE CODE OF CIVIL PROCEDURE.
State of New York.
Executive Chamber,
Albany, May 17, 1893.
Memorandum filed with Senate bill No. 20^, entitled "An act to amend sections nine hundred and ninety - two, nine hundred and ninety-five, nine hundred and ninety-six and nine hundred and ninety-seven of the Code of Civil Procedure, relating to exemptions and case on appeal.^' — Not approved.
The apparent object of the amendments proposed is to allow an exception to be taken to any remark or comment of a presiding judge, during trial, and to provide for a review thereof on appeal.
If the amendments would accomplish no other change in the practice there would be no occasion for with- holding Executive approval.
But the amendment proposed to section 997 radically and objectionably changes the practice affecting the making and settling of cases on appeal.
It permits a party appealing after a judge has settled and signed a case to prepare and present to
208 PUBLIC PAPERS OF GOVERNOR FLOWER.
the appellate court a supplemental case containing- whatever he may see fit to allege to have been evi- dence, proceedings, rulings, decisions, remarks or com- ments with exceptions thereto.
It matters not that the matters contained therein do not ■ appear in the stenographer's minutes, and that on a settlement it may be determined that there were no such proceedings, evidence and rulings, he may nevertheless present it to the appellate court.
It is apparent without considering other objections
that such proposed practice is not only faulty in that
it does not provide for a settlement of the proposed
supplementary case, but it also opens the door for
fraudulent practice by unscrupulous attorneys, who
might not hesitate to , insert alleged evidence, rulings
and comments which were not before the court nor
made in the hope that some advantage might result
to them.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 1561, ESCHEAT TO WILLIAM T. FROST.
State of New York,
Executive Chamber,
Albany, May 17, 1893.
Memorandum filed with Assembly bill No. 1561, entitled "An act to release to William T. Frost all the right, title and interest of the people of the State of New York in and to certain real estate in the village of Millerton, Dutchess county, New York." — Not approved.
PUBLIC PAPERS OF GOVERNOR FLOWER. 2O9
There is nothing on the face of this bill to show
"why its object cannot already be accomplished under
the general escheat law.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No, 792, ESCHEAT TO NICHOLAS MUNCH, AND
ASSEMBLY BILL No. 530, ESCHEAT TO HOWARD
WINSHIP.
State of New York.
Executive Chamber,
Albany, May 17, 1893.
Memorandum filed with Assembly bill No. 'jg2, entitled "An act to grant and release to Nicholas Munch all the title and interest of the people of the State of New York in and to certain real estate in the town of Tonawanda, county of Erie and State of New York, under the zvaters of Niagara river." — Not approved, and
Assembly bill No. §30, entitled "An act to release to Howard Winship all the right, title and interest of the people of the State of New York, in and to cer- tain real estate in the city of Buffalo, county of Erie and State of New York." — Not approved.
The objects sought to be attained by both of these bills can be accomplished without special legislation through the medium of the Commissioners of the
Land Office.
ROSWELL P. FLOWER. 14
210 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL No. 444, GIVING THE BOARD OF CLAIMS JURISDICTION IN THE CASE OF HARRISON HOLDRIDGE.
State of New York.
Executive Chamber,
Albany, May 17, 1893.
Memorandum filed with Assembly bill No. 444., entitled "An act to authorize the Board of Claims to hear, audit and determine the claims of Harrison Holdridge against the State for money paid into the State treasury for land bought of the Comptroller, the title to which proved defective." — Not approved.
No information has been furnished me relative to the precise nature of this claim. Whether it is a proper case to be submitted to the Board of Claims I am unable to say, but the bill is defective in form in that it should have provided the right of appeal to either party. If the claim is large and the State should be defeated unjustly it should certainly have the right to appeal to the Court of Appeals.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GO VERNOR FLO WER. 2 1 1
VETO, SENATE BILL No. 498, FOR AN IRON
BRIDGE OVER THE CANAL AT MECHANIC-
VILLE.
State of New York.
Executive Chamber,
Albany, May 17, 1893.
Memorandum filed with Senate bill No. ^g8, entitled "An act authorizing the construction of an iron bridge over the Champlain canal at North street in the village of Mechanicville, in the county of Saratoga, and making an appropriation therefor." — Not approved.
I am informed by the Superintendent of Public Works that the present bridge is sufficient for all purposes, and that the construction of a new one can well be deferred for a number of years.
ROSWELL P. FLOWER.
212 p UBLIC PAPERS OF GO VERNOR FL 0 iVER.
VETO, ASSEMBLY BILL No. 206, RELATING TO
THE DOCK BOARD OF THE CITY OF NEW
YORK.
State of New York.
Executive Chamber,
Albany, May 17, 1893.
Memorandum filed with Assembly bill No. 206, entitled ''An act to amend sections one hundred and forty-three and seven hundred and fourteen of chapter four hundred and ten of the Laws of eighteen hundred and eighty-two, entitled 'An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York,' in relation to the Dock Board." — Not approved.
No reason has been advanced why this bill should become a law. _ The local authorities on the other hand, have given reasons why it should not become a law and I therefore withhold my approval.
ROSWELL P. FLOWER.
P UBLIC PAPERS OF GO VERNOR FLO WER. 2 1 3
VETO, ASSEMBLY BILL No. 1057, FOR AN ADDI- TIONAL STENOGRAPHER IN THE EIGHTH JUDICIAL DISTRICT.
State of New York.
Executive Chamber,
Albany, May 17, 1893.
Memorandum filed with Assembly bill No. lo^j, entitled "An act to authorize the justices of the Supreme Court of the eighth judicial district to appoint an additional stenographer for such district." — Not approved.
This bill authorizes the appointment of an additional stenographer for the eighth judicial district at a cost to the State of twenty-five hundred dollars per year. It should have made provision for collecting this sum from the counties in said judicial district.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 864, TO AMEND THE TOWN LAW.
State of New York.
Executive Chamber,
Albany, May 17, 1893.
Memorandum filed with Assembly bill No. 86^, entitled "An act to amend the town law." — Not approved.
The enactment of this bill would require adjoining land owners to maintain "necessary" division ditches on the same basis as division fences are now main-
214 P UBLIC PAPERS OF GO VERNOR FLO WER.
tained. It does not seem to me that there is the same necessity for requiring the maintenance of division ditches that there is for the maintenance of division fences, and the operation of such a law would prob- ably lead to unreasonable hardships.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 252, RELATING TO CONTRACTS FOR CONDITIONAL SALES.
State of New York.
Executive Chamber,
Albany, May 17, 1893.
Memorandum filed with Assembly bill No. 252, entitled "An act amending chapter three hundred and fifteen of the Laws of eighteen hundred and eighty- four , entitled 'An act requiring contracts for the conditional sale of personal property on credit to be filed in the town clerk's and other offices.'" — Not approved.
In my judgment the amendment proposed by this measure would broaden too much the scope of the statute. No sufficient reason has been advanced why the amendment should be enacted and the absence of such a reason is the best reason for leaving the statute as it is.
ROSWELL P. FLOWER.
P UBLIC PAPERS OF GO VERNOR FLO WER. 2 1 5
VETO, ASSEMBLY BILL No. 793, TO PROMOTE THE CONSUMPTION OF CHEESE.
State of New York.
Executive Chamber,
Albany, May 17, 1893.
Memorandum filed with Assembly bill No. ygj, entitled "■An act to promote agriculture." — Not approved.
This is an act to promote the consumption of cheese. It compels the agents and wardens of the various State prisons and the officers in charge of all other penal institutions to furnish to each inmate of these institutions daily rations of American cheese. It also compels the Adjutant-General of the State to furnish daily to each member of the National Guard while on duty at the State camp at Peekskill, American cheese as part of the rations supplied by the State. No other reason has been advanced for my approval of the bill than that it would increase the market for American cheese. If I should give it my approval I could not well refuse to sign a similar bill next year for the producers of honey, or another for the benefit of potato raisers, or another for the advantage of bean growers and so on. Such legislation enacted in the interest of any particular class of workers and to increase the consumption of any State product by artificial means is a gross reflection on the manli- ness of the workers in that industry. Our natural resources and the intelligence of our farmers have placed the Empire State in the lead of all other
2l6 PUBLIC PAPERS OF GOVERNOR FLOWER.
States in the production of butter and cheese, and I
have too much respect for our dairy farmers to think
that they would approve any such ridiculous measure
as this, which if enacted would justify almost any
kind of similar legislation in the interest of particular
industries or occupations.
ROSWELL P. FLOWER.
VETO, SENATE BILL No. 588, TO ALLOW INTEREST IN THE ONEIDA LAKE CANAL CLAIMS AWARDS.
State of New York.
Executive Chamber,
Albany, May 17, 1893.
Memorandum filed with Senate bill No. §88, entitled "An act to allow interest to claimants on awards of the Board of Claims in certain cases." — Not approved.
The purpose of this bill is to secure from the State about $24,000 in interest on $17,000 of awards in what are known as the Oneida Lake Canal Claim cases. A similar bill was before me last year and was vetoed.
Immediately after the bill was vetoed, the counsel for the claimants and the representative of the Attorney-General, on May 25, 1892, in open court in the city of Syracuse, stipulated and agreed to settle the claims (in all numbering thirty-two) for the aggregate sum of $17,000, which represented a valua- tion of $172 per acre for all the land involved in the claims. This was $120 an acre more than the
P UBLIC PAPERS OF GO VERNOR FLO WER. 2 1 ^
records and the undisputed testimony of a witness show an individual ever paid for a farm in that locality. It is fair to assume that in fixing the high price paid in the settlement some allowance was made for the costs of litigation and for interest.
The claimants having agreed to the terms of this settlement, it seems to me that whatever equity they may have in their case they are debarred by reason of that stipulation from seeking any further redress or compensation through legislation. In the hearing before me upon the bill the Attorney-General's representative offered to have the legal question of the claimant's title to interest taken before the Board of Claims and the Court of Appeals immediately, for a judicial construction, but this proposal was not accepted.
Under these circumstances, the claims having been
finally settled by the agreement of all parties, it
would be improper in my judgment to over-ride the
stipulation and give by legislation what could not be
obtained by litigation. To approve such a law would
be establishing a precedent which would rob every
stipulation between State officers and claimants of its
sacred character, and would hold out the hope to
every claimant that whatever was surrendered by
stipulation could be supplied by the generosity of
the Legislature.
ROSWELL P. FLOWER.
2l8 PUBLIC PAPERS OF GOVERNOR FLOWER.
VETO, ASSEMBLY BILL No. 1562, TO AMEND SECTION 389 OF THE PENAL CODE.
State of New York.
Executive Chamber,
Albany, May 18, 1893.
Memorandum filed with Assembly bill No. 1362, entitled "An act amending section three hundred and eighty- nine of the Penal Code, as amended by chapter six hundred and eighty-nine of the Laws of eighteen hundred and eighty-seven." — Not approved.
I am unwilling to sign this bill in its present shape. It is altogether too sweeping in its provisions.
ROSWELL P. FLOWER.
VETO, ASSEMBLY BILL No. 543, TO AMEND THE COUNTY LAW.
State of New York.
Executive Chamber.
Albany, May 18, 1893.
Memorandum filed with Assembly bill No. j^j, entitled "An act to a^nend the county law." — Not approved.
The provisions of this measure might lead to undesirable conflict of jurisdiction between boards of supervisors and boards of trustees of incorporated villages.
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 2ig
VETO, ASSEMBLY BILL No. 1259, TO AMEND ,THE CHARTER OF THE VILLAGE OF NOR- WICH.
State of New York.
Executive Chamber,
Albany, May ,18, 1893.
Memorandum filed with Assembly bill No. izsg, entitled "An act to revise, amend and consolidate the several acts relating to the village of Norwich, and to repeal certain acts and parts of acts ; and to provide a revised charter for said village."— Not approved.
This bill is so defectively drawn that its approval is not deemed advisable in its present shape.
ROSWELL P. FLOWER.
VETO, SENATE BILL No. 275, GIVING THE BOARD OF CLAIMS JURISDICTION IN THE CASE OF THE CITY OF ROCHESTER.
State of New York.
Executive Chamber,
Albany, May 18, 1893.
Memorandum filed with Senate bill No. 2^5, entitled
"An act to authorize the Board of Claims to hear,
audit and determine certain claims of the city of Rochester against the State." — Not approved.
It has not been the -policy of the State to construct
220 PUBLIC PAPERS OF GOVERNOR FLOWER.
at State expense new bridges over the canals at^ streets in cities or villages wliere the bridges were made necessary by the growing demands of those munici- palities. In this particular case there was no com- plaint that the existing bridges were not firm and substantial but the improvement of certain streets required that they should be replaced by new bridges. The improvement was particularly a local one, and was carried out voluntarily by the city of Rochester for its own interest. Under these circumstances I do not see why the State should assume the liability or be placed in a position of being compelled to pay for a part or all of the expense of the new structures.
ROSWELL P. FLOWER.
VETO, ITEMS IN ASSEMBLY BILL No. 1275— THE SUPPLY BILL.
State of New York.
Executive Chamber,
Albany, May 18, 1893.
Statement of items of appropriations objected to and not approved, contained in Assembly bill No. I2y^, entitled "An act making appropriations for certain expenses of government and supplying deficiencies in former appropriations.
The several items herein enumerated, contained in Assembly bill No, 1275, entitled "An act making appro- priations for certain expenses of government and
PUBLIC PAPERS OF GOVERNOR FLOWER. 221
supplying deficiencies in former appropriations," are objected to and not approved for the reasons herein- after stated.
' ' For the betterments of the road leading from the State camp to Roa Hook dock and for the construction of a military road to connect the State camp with the river road near Highland's station, twenty- thousand dollars or so much thereof as may be necessary."
The thirty thousand dollars appropriated for improve- ments of State arsenals, armories and State camp is ample for all necessary repairs including the small sum required for betterments on the road leading from the State camp to Roa Hook. This appropriation is there- fore unnecessary unless it is deemed advisable to use it for the benefit of private property, which I do not conceive to be the function of legislative appropriations.
" For the Superintendent of Public Instruction, for printing circulars and programmes relating to the observance of Arbor day, for distribu- tion among the school districts of the State, and for other expenses relating to the observance of that day, in the year eighteen hundred and ninety-three, pursuant to the provisions of chapter one hundred and ninety-six of the Laws of eighteen hundred and eighty-eight, one thousand dollars, or so much thereof as may be necessary."
The same item appears in the appropriation bill ; it probably was inserted here by error.
"For the purchase of the historical painting by James Walker, representing the decisive blow for victory in the repulse of Long- street's assault by the Union troops on the third day of the battle of Gettysburg, to be placed in some suitable room in the Capitol, thirty thousand dollars, or so much thereof as may be necessary, to be paid on the approval of the Governor, the Adjutant-General and the Chan- cellor of the University, who are hereby designated as a commission for that purpose, but not to be paid within one year from the passage of this act."
Until the Capitol is completed I do not think it
wise to embellish it with pictures.
222 PUBLIC PAPERS OF GOVERNOR FLOWER.
For the New York State Experiment Station — ' ' for the erection of a permanent building on the State fair grounds for exhibits of the station, one thousand dollars."
The State has appropriated twenty-five thousand
dollars already for buildings on the State fair grounds,
and this is as far in that direction as it is wise to go
at present.
For the New York State Experiment Station — "for the erection of buildings for the residence of the chief chemist and other employees, three thousand five hundred dollars. "
I am not convinced of the necessity of this appro- priation at the present time.
"For a new boiler for the tug 'State of New York,' seven thousand dollars. "
The appropriation for the care, maintenance and repair of quarantine establishment is fifteen thousand dollars in excess of that of last year. This item can well be taken from the excess of appropriations for that purpose.
" For artesian wells on Swinburne and Hoffman islands, four thousand dollars,"
I am advised that these wells are impracticable.
" For painting interior and exterior of buildings on Hoffman and Swinburne islands, six thousand dollars."
This may also be taken from the excess of appro- priation for maintenance, care and repair of quaran- tine establishments.
" For extension and enlargement of Hoffman island, concreting the same and erection of new dock, two hundred and sixty thousand dollars; the work herein provided for to be let upon contracts there- for to the lowest responsible bidders, by the State Engineer and Surveyor, after suitable advertisement."
P.UBLIC PAPERS OF GOVERNOR FLOWER. 223
The items allowed to stand ia this bill include large appropriations for quaarantine purposes. There is $35, 000 for the care, maintenance and repair of the quarantine establishment; $33,000 for a three- story frame building and furnishings on Hoffman island; $15,000 for three new boilers and chimney, for heating apparatus, fire extinguishers on Swinburne island ; $6,200 for ice-house, furnaces for superin- tendent's house, disinfecting chest, hoisting apparatus, for coal and baggage and repairs to crematory on Swinburne island; $10,000 for bath-house and registra- tion room on Hoffman island ; $7,000 for a two story dock shed for receiving baggage ; $22,500 for erecting boilers and making alterations to disinfecting apparatus on Hoffman island ; $10,250 for filling up slip and extending dock on Hoffman island; $21,078.84 for bills and liabilities contracted by the health officer during the cholera epidemic last fall and as yet unpaid, and $9,281.83 for reimbursing the health officer for the amount expended by him during that epidemic-, making in all an aggregate appropriation of $169,310.67. Most of these are extraordinary appropriations made necessary in order to guard the State against admission of cholera. While not criticising the liberal spirit displayed by the Legislature in this emergency, it seems to me that any unnecessary expenditure ought to be carefully guarded against. The purpose sought to be accomplished by the appropriation in this particular item could not possibly be attained within one year or a year and a half, and may not be necessary at all for the reason that the United States government has
224 PUBLIC PAPERS OF GOVERNOR FLOWER.
completed its quarantine camp at Sandy Hook, and for the further reason that the State has acquired the Fire island property which may be used for quarantine putposes if necessity requires.
For the Western House of Refuge for Women — " to be expended under the direction of the local board of managers, for farm build- ings, consisting of a house, barn and pig-pen, eight thousand five hundred dollars."
In view of premeditated extensions of the property of this institution the acquirement of which will probably include suitable barns and other buildings already standing, I do not deem it for the best interests of the institution to authorize this appropriation.
For the Western House of Refuge for Women. — ' ' for assembly hall, school-rooms, wash-rooms and library-room, twenty-nine thousand dollars."
This appropriation is not deemed expedient at the present time.
For the St. Lawrence State Hospital — "for erecting, finishing and furnishing a building for the accommodation of one hundred emploj'ees, sixty-nine thousand six hundred and sixty-seven dollars and fifty cents."
On account of the delay in the completion of this institution caused by the recent fire the building of this proposed structure will be unnecessary during the present year.
For the St. Lawrence State Hospital — "for roads and necessary grading about the buildings, five thousand dollars."
This is a light work which the patients in the institution might be put at without detriment to themselves and with the advantage of economy to the State.
PUBLIC PAPERS OF GOVERNOR FLOWER. 22$
\ For the Utica State Hospital — "for new tin roof for center build- ing and repairs of gutters, forty-one hundred and forty-two dollars and fifty cents."
This item seems to be excessive and for that reason is disapproved.
For the Utica State Hospital — "for printing press, with suitable equipment, nine hundred dollars."
This appropriation is not deemed necessary at the present time.
For the Willard State Hospital — " for furniture and repairs on second floor of main building, five thousand dollars; for new floors, ceilings and other repairs in group number two, three thousand dollars." * * * " For addition to east barn for stabling cows, sixteen hundred dollars.''
The surplus hospital funds are sufficient to provide for these expenditures.
For the Hudson River State Hospital — ' ' for completing house for night-nurses, six thousand dollars." » * * '■ For completing reservoir for the State care cottages, ten thousand dollars."
These improvements are not deemed necessary at the present time.
For the Binghamton State Hospital — " for the erection and furnishing of an entertainment hall, twenty-five thousand dollars." 'f » * "For a steam road-roller and steam crusher, four thousand seven hundred dollars."
These appropriations can well be dispensed with for the present year.
For the Binghamton State Hospital — "the balance remaining unexpended of the sum of fifty thousand dollars, appropriated by chapter three hundred and thirty-three of the Laws of eighteen hundred and ninety-one, ' for the purpose of paying one-half the cost of construct- ing a sewer from the premises of the Binghamton State Hospital in the city of Binghamton to a point below the rock-botton dam on the Susque- hanna river,' being the sum of three thousand dollars, is hereby re-a.ppropriated and may be expended in extending the sewer from the point of beginning to the man-hole on the Hospital grounds and for the repair of the coal trestle."
IS
226 PUBLIC PAPERS OF GOVERNOR FLOWER.
This amount has already been re-appropriated by a special act which I signed some time ago and a second re-appropriation is unnecessary.
For the Matteawan State Hospital for Insane Criminals — "for horse barn, farm, wagon and tool storage house, eight thousand two hundred and eighty dollars and seventy-one cents. " * * * " For building and cellar for storage for vegetables and fruit, four thou:and two hundred and seven dollars and twenty-five cents; for plumbing and water supply for above-named buildings, three thousand eight hundred and cighty-:ix dollars." * * * " For crushed stone for road- ways, walks and drive- ways, five hundred dollars. ' '
These expenditures are not deemed expedient at the present time.
For the New York State Custodial Asylum for Feeble-iMinded Women — "for new cottages, seventeen thousand dollars. "
This appropriation can well be deferred until another
time.
ROSWELL P. FLOWER.
[The vetoed items aggregate in round numbers $530,ooo.J
DESIGNATION OF JUSTICE LANDON FOR THE OTSEGO CIRCUIT.
State of New York.
Executive Chamber.
Whereas, It appears that the Circuit Court and Court of Oyer and Terminer appointed to be held in and for the county of Otsego on the first Monday of June, 1893, is in danger of failing by reason of the illness of the Honorable Gerrit A. Forbes, the Justice of the Supreme Court designated to hold the same ;
PUBLIC PAPERS OF GOVERNOR FLOWER. 22/
Now, therefore, in accordance with the^ statute in such. case made and provided, I do hereby designate and appoint the Honorable Juds.on S. Landon, a Justice of the Supreme Court, to hold the said Circuit Court and Court of Oyer and Terminer in the place of the said Honorable Gerrit A. Forbes.
Given under my hand and the privy seal of the
State, at the Capital in the city of Albany, [l. s.] this twenty-sixth day of May in the year of
our Lord one thousand eight hundred and
ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
APPOINTMENT OF AN EXTRAORDINARY
OYER AND TERMINER FOR ALBANY
COUNTY.
State of New York.
Executive Chamber,
It appearing to my satisfaction that the public interest requires it ;
Therefore, in accordance with the statute in such case made and provided, I do hereby appoint an extra- ordinary court of Oyer and Terminer to be held at the court-house in the city of Albany, on Monday the fourth day of September next, at ten o'clock in the forenoon of that day, and to continue so long as may be necessary for the disposal of the business that may
228 PUBLIC PAPERS OF GOVERNOR FLOWER.
be brought before it ; and I do hereby designate the Honorable Martin L. Stover, a Justice of the Supreme Court, to hold the said extraordinary Court of Oyer and Terminer.
And I direct the district attorney of the county of Albany to issue a precept in accordance with the statute in such case made and provided, directed to the sheriff of the said county of Albany, requiring him to do and perform all that may be necessary on his part in the premises.
And I do further direct that notice of such appoint- ment be given by publication thereof once in each weeek for three successive weeks in the Argus, a news- paper published at Albany.
Given under my hand and the privy seal of the
State, at the city of Watertown, this seven-
[l. S.] teenth day of June in the year of our
Lord one thousand eight hundred and
ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
PUBLIC PAPERS OF GOVERNOR FLOWER. 229
IN THE MATTER OF FURNACE AND WEINAUG, EXCISE COMMISSIONERS — NOTICE AND SUMMONS.
State of New York.
Executive Chamber.
In the matter of the charges preferred against Fred
Furnace and William Weinaug, Excise Commissioners
of the town of Allegany, in the county of Cattaraugus.
To Fred Furnace and William Weinaug, Excise
Com.m.issioners of the town of Allegany, in the county
of Cattaraugus :
You are hereby notified that an order removing you
from office, upon charges of misconduct, has been
presented to me by the County Judge of Cattaraugus
county for approval, pursuant to section 6 of chapter
401 of the Laws of 1892. A copy of this order with the
reasons for such removal is herewith served upon you.
You are, therefore, hereby required to show cause
within eight days after service of this notice why the
said order of the County Judge of Cattaraugus county
should not be approved.
In witness whereof I have hereunto signed my
name and affixed the privy seal of the State,
[l. s.] in the city of Watertown, this nineteenth day
of June, A. D. one thousand eight hundred and
ninety-three.
ROSWELL P. FLOWER. By the Governor:
T. S. Williams,
Private Secretary.
230 PUBLIC PAPERS OF GOVERNOR FLOWER.
IN THE MATTER OF FRANK MALONE, EXCISE COMMISSIONER — NOTICE AND SUMMONS.
State of New York.
Executive Chamber.
In the matter of charges preferred against Frank Malone, an excise commissioner of the city of Mount Vernon in the county of Westchester.
To Frank Malone, Excise Commissioner of the city of Mount Vernon in the county of Westchester :
You are hereby notified tliat pursuant to section 6 of chapter 401 of the laws of 1892, the Mayor of the city of Mount Vernon, has filed with me for approval his reasons for removing you from office upon charges of misconduct. A copy of the Mayor's communication is herewith served upon you.
You are, therefore, hereby required to show cause within eight days after service of this notice why the said removal by the Mayor of the city of Mount Vernon should not be approved.
In witness whereof I have hereunto signed my
name and affixed the privy seal of the
[l. s.] State, at the Capitol in the city of Albany,
this thirtieth day of June, A. D. eighteen
hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
PUB.LIC PAPERS OF GOVERNOR FLOWER. 23 1
APPOINTMENT OF AN EXTRAORDINARY
OYER AND TERMINER FOR SARATOGA
COUNTY.
State of New York.
Executive Chamber.
It appearing to my satisfaction that the public interest requires it :
Therefore, In accordance with the statute in such case made and provided, I do hereby appoint an extraordinary Court of Oyer and Terminer to be held at the court-house in the village of Ballston Spa, in the County of Saratoga, on Tuesday the eighteenth day of July at ten o'clock in the forenoon of that' day, and to continue so long as may be necessary for the disposal of the business that may be brought before it ; and I do hereby designate the Honorable Leslie W. Russell, a Justice of the Supreme Court, to hold the said extraordinary Court of Oyer and Terminer.
And I direct the district attorney of the said county of Saratoga to issue a precept in accordance with the statute in such case made and provided, directed to the sheriff of said county of Saratoga, requiring him to do and perform all that may be necessary on his part in the premises.
And I do further direct that notice of such appoint- ment be given by publication thereof three times in the Saratoga Democrat and once in the Saratoga Sun, newspapers published in the village of Saratoga Springs.
232 PUBLIC PAPERS OF GOVKRNOR FLOWER.
Given under my hand and the privy seal of
the State, at the Capitol in the city of
[l. s.] Albany, this fifth day of July in the year
of our Lord one thousand eight hundred
and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
DESIGNATION OF JUSTICE STOVER TO THE
SARATOGA EXTRAORDINARY OYER AND
TERMINER.
State of New York.
Executive Chamber.
Whereas, By an order issued on the fifth day of July, eighteen hundred and ninety-three, an extra- ordinary Court of Oyer and Terminer was appointed to be held at the court-house in the village of Ballston Spa, in the county of Saratoga, on Tuesday the eighteenth da}?- of July, at ten o'clock in the forenoon of that day ; and
Whereas, The Honorable Leslie W. Russell, a Justice of the Supreme Court, who was designated in said order to hold the said extraordinary Court of Oyer and Terminer will be unable to hold the said court by reason of absence from the State ;
Therefore, I do hereby designate the Honorable Martin L. Stover, a Justice of the Supreme Court,
PUBLIC PAPERS OF GOVERNOR FLOWER. 233
to hold the said extraordinary Court of Oyer and Terminer in the place of the said Honorable Leslie W. Russell.
Given under my hand and the privy seal of the
State, at the city of Watertown, this tenth [l. s.] day of July in the year of our Lord one
thousand eight hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
IN THE MATTER OF FURNACE AND WEINAUG, EXCISE COMMISSIONERS — APPROVAL OF ORDER OF REMOVAL FROM OFFICE.
State of New York.
Executive Chamber.
In the matter of removal of Fred Furnace and William Weinaug, Excise Commissioners of the town of Alle- gany in the county of Cattaraugus.
Whereas, The county judge of Cattaraugus county by an order made on the eighteenth day of May, 1893, has removed from the office of excise commissioner Fred Furnace and William Weinaug, of the town of Allegany, in the county of Cattaraugus, after allowing them an opportunity to be heard, and has filed with me for my approval as required by law a statement of his reasons for such removal ; and
234 PUBLIC PAPERS OP GOVERNOR FLOWER.
Whereas, After giving the accused an opportunity to be heard in opposition to such removal, and after a careful examination of the reasons presented by said county judge, I have come to the conclusion that the said removal was proper and justifiable ;
Now, therefore, It is ordered that the removal of the
said excise commissioners be and is hereby approved.
Given under my hand and the privy seal of the
State, at the Capitol'in the city of Albany, this
[l. s.] thirteenth day of July in the year of our Lord
one thousand eight hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
IN THE MATTER OF FRANK MALONE, EXCISE COMMISSIONER — DISAPPROVAL OF THE MAYOR'S ORDER OF REMOVAL.
State of New York.
Executive Chamber.
Whereas, the Mayor of the city of Mount Ver- non, in the county of Westchester, pursuant to sec- tion 6 of chapter 401 of the Laws of 1892, has filed with me for my approval a statement of his reasons for removing from office Frank Malone, an excise com- missioner in said city ; and
Whereas, I have read carefully such statement of reasons ,and the whole testimony before the Mayor
PUBLIC PAPERS OF GOVERNOR FLOWER. 23 5
on wliicla his order of removal was based, and liave come to the conclusion that the charges preferred against the said Malone were not sustained by said testimony, and that the said testimony did not prove the accused to have been guilty of wilful neglect of duty or of misconduct in office, within the meaning of the statute ;
Now, therefore, I do hereby withhold my approval from the removal of said Malone and from the state- ment of reasons filed in reference thereto by said Mayor.
Given under my hand and the privy seal of the State, at the Capitol in the city of [l. s.] Albany, this fourteenth day of July in the
year of our Lord one thousand eight hun- dred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
DESIGNATION OF JUSTICE BRADLEY TO THE GENERAL TERM, FIFTH DEPARTMENT.
State of New York,
Executive Chamber.
In accordance with the statute in such case made and provided, the Honorable George H. Bradley, a . Justice of the Supreme Court of the Seventh Judi- cial District, is hereby designated as Associate Justice
236 PUBLIC P^APERS OF GOVERNOR FLOWER.
of the General Term for the Fifth= Departme»t* of the Supreme Court from and after this date, in the place of Francis A. Macomber, deceased.
Given under my hand and the privy seal of
the State, at the Capitol in the city of
[l. s.] Albany, this sixteenth day of October A. D.
one thousand eight hundred and ninety-three.
ROSWELL R FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
THANKSGIVING PROCLAMATION.
State of New York.
Exectitive Chamber.
In accordance with a praiseworthy custom, and by virtue of power vested in me by the laws of this State, I do hereby appoint Thursday, November thir- tieth, to be observed as a day of general thanksgiving and prayer.
This annual festival, although associated as it is to most persons with rest from secular employments and with family reunions at bounteous tables, should also be recognized by public expression of our gratitude and obligation as a people to God for the manifestation of his many mercies. Let us therefore supplement our domestic rejoicings with public prayer and praise. Let the people assemble in their houses of worship, and there, rendering thanks to the Divine Giver of all
P UBLIC PAPERS OF GO VERNOR FLO WER. 237
good things, -devotitly •beseeeli a continuance of His ■watchful care during the year that is to come.
Let us also on that day particularly give full expression to the spirit of human fellowship — reflect- ing the love of our Heavenly Father by deeds of kindness toward the poor, the afflicted and the unfor- tunate, and manifesting toward all men that broad charity which marks the perfect character of the indi- vidual and the State.
Done at the Capitol, in the city of Albany, this [l. s.] fourth day of November in the year of our
Lord eighteen hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
PROCLAMATION RELATING TO VIOLATION OF ELECTION LAWS.
State of New York.
Executive Chamber.
It is essential to our liberties and to the fair name of our State that the expression of popular judgment at the polls shall be absolutely untrammeled and honest.
Recent enactments by the Legislature have established almost every possible safeguard around the sanctity of the ballot. It but remains for every citizen to obey these laws and for every election and peace officer to see that they are enforced. More important to our
238 PUBLIC PAPERS OF GOVERNOR FLOWER.
State than the success of any party is that this success should be the free and uncorrupted decision of legally qualified voters.
I therefore call upon the people of this State to see that the election to-morrow, November seventh, shall be an honest one. I call also upon all election officers, all district attorneys, all sheriffs and all peace officers to see that the laws are rigidly obeyed, to the end that good order may prevail at the polls and the right of honest franchise be sacredly guarded ; and I give warning that all failures on the part of such public officers to discharge their full duty in the complete enforcement of the laws shall be considered sufficient cause for their removal.
Done at the Capitol, in the city of Albany, this [l. s.] sixth day of November in the year of our
Lord eighteen hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams, \
Private Secretary.
APPOINTMENT OF AN EXTRAORDINARY OYER AND TERMINER FOR KINGS COUNTY.
State of New York.
Executive Chamber.
It appearing to my satisfaction that the public interest requires it,
PUBLIC PAPERS OF GOVERNOR FLOWER. 239
Therefore, In accordance with the statute in such case made and provided, I do hereby appoint an extra- ordinary Court of Oyer and Terminer to be held at the court-house in the city of Brooklyn, on Monday the eighteenth day of December next, at ten o'clock in the forenoon of that day, and to continue so long as may be necessary for the disposal of the business that may be brought before it ; and I do hereby designate the Honorable Edgar M. Cullen, a Justice of the Supreme Court to hold the said extraordinary Court of Oyer and Terminer.
And I direct the district attorney of the county of Kings to issue a precept in accordance with the statute in such case made and provided, directed to the sheriff of the said county of Kings, requiring him to do and perform all that may be necessary on his part in the premises.
And 1 do further direct that notice of such appoint- ment be given by publication thereof once in each week, for three successive weeks, in the Brooklyn Eagle, and the Brooklyn Citizen, newspapers published in the city of Brooklyn.
Given under my hand and the privy seal of the
State, at the Capitol in the city of Albany,
[l. s.] this twenty-first day of November in the year
of our Lord one thousand eight hundred
and ninety-three.
ROSWELL P. FLOWER. By the Governor:
T. S. Williams,
Private Secretary.
240 PUBLIC PAPERS OF GOVERNOR FLOWER.
DESIGNATION OF JUDGE TRUAX FOR THE FIRST JUDICIAL DISTRICT, SUPREME COURT.
State of New York,
Executive Chamber.
It appearing to my satisfaction, upon the applica- tion of the Honorable Charles H. Van Brunt, Pre- siding Justice of the General Term of the First Department of the Supreme Court, that the public interest requires it ;
Therefore, in accordance with the statute in such case made and provided, the Honorable Charles H. Truax, a Judge of the Superior Court of the city and county of New York, is hereby designated to hold Special Terms and Circuit Courts of the said Supreme Court for the First Judicial District, at the court-house in the city of New York, in the months of January, February, March, April, May, June, Octo- ber, November and December in the year 1894, and to hold Special Terms of the said Supreme Court for the First Judicial District, at the court-house in the city of New York, in the months of July, August and September in the said year 1894.
Given under my hand and the privy seal of the
[l. s.] State, at the Capitol in the city of Albany,
this twenty-second day of November, A. D.
one thousand eight hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
PUBLIC J'APERS OF GOVERNOR FLOWER. 24I
DESIGNATION OF JUDGE BEACH FOR THE FIRST JUDICIAL DISTRICT, SUPREME COURT.
State of New York.
Executive Chamber.
It appearing to my satisfaction, upon the applica- tion of the Honorable Charles H. Van Brunt, Pre- siding Justice of the General Term of the First Department of the Supreme Court, that the public interest requires it ;
Therefore, in accordance -with the statute in such case made and provided, the Honorable Miles Beach, a Judge of the Court of Common Pleas of the city and county of New York, is hereby designated to hold vSpecial Terms and Circuit Courts of the said Supreme Court for the First Judicial District, at the court-house in the city of New York, in the months of January, February, March, April, May, June, Octo- ber, November and December in the year 1894, and to hold Special Terms of the said Supreme Court for the First Judicial District, at the court-house in the city of New York, in the months of July, August and September in the said year 1894.
Given under my hand and the privy seal of the
State, at the Capitol in the city of Albany, [l. s.] this twenty-second day of November, A. D.
one thousand eight hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
16
242 PUBLIC PAPERS OF GOVERNOR FLOWER.
THE MATTER OF THE CHARGES AGAINST SHERIFF BECK OF ERIE COUNTY— NOTICE ■ AND SUMMONS.
State of New York.
Executive Chamber.
In the matter of the charges preferred against August Beck, Sheriff of the county of Erie — Notice and summons.
To August Beck, Sheriff of the County of Erie :
You are hereby notified that charges of malfeas- ance in office have been preferred against you by George P. Sawyer, Thomas Hodgson and W. C. Jacus, of the city of Buffalo in this State, and a copy of said charges is herewith served upon you.
You are therefore required to show cause why you should not be removed from the office of Sheriff of the county of Erie, and to answer the said charges within eight days after service of this order and a copy of said charges upon you.
In witness whereof I have signed my name and affixed the privy seal of the State, at the Capitol in the city of Albany, this [l. S.J twenty-fifth day of November in the year of our Lord one thousand eight hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor:
T. S. Williams,
Private Secretary.
PUBLIC PAPERS OF GOVERNOR FLOWER. 243
APPOINTMENT OF COMMISSIONER BENTLEY TO TAKE TESTIMONY IN TTTB MATTER OF SHERIFF BECK.
State of New York.
Executive Chamber.
In the matter of the charges preferred against August Beck, Sheriff of the county of Erie.
Charges having been preferred against August Beck, Sheriff of the county of Erie, by George P. Sawyer, Thomas Hodgson and W. C. Jacus of the city of Buffalo, and a copy thereof having been served upon the said sheriff with notice to show cause why he should not be removed from such office, and the said Beck having filed his answer to the charges pre- ferred therein ;
I do hereby appoint Hon. Henry W. Bentley, of the village of ' Boonville, in the county of Oneida, commissioner to take the testimony and the examina- tion of witnesses as to the truth of said charges and to report the same to me, and also the material facts which he deems to be established by the evidence.
It is hereby further ordered that the said exam- ation before such commissioner proceed with all con- venient speed.
244 PUBLIC PAPERS, OP GOVERNOR FLOWER.
Given under my hand and the privy seal of the State, at the Capitol in the city of [L. s.] Albany, this eighth day of December in the
year of our Lord one thousand eight hun- dred and ninety-three.
ROSWELL P. FLOWER. By the Governor:
T. S. Williams,
Private Secretary.
THE MATTER OF EXCISE COMMISSIONER TREDE, OF MOUNT VERNON— DISAPPROVAL OF THE MAYOR'S ORDER, WITH OPINION.
State of New York.
Executive Chamber.
Whereas, The Mayor of the city of Mount Vernon, in the county of Westchester, pursuant to section 6 of chapter 401 of the laws of 1892, has filed with me for my approval a statement of his reasons for removing from office George Trede, an excise com- missioner in said city ; and
Whereas, I have read carefully such statement of reasons and the whole testimony before the mayor on which his order of removal was based, and have come to the conclusion that the charges preferred against the said Trede were not sustained by said testimony, and that the said testimony did not prove the accused to have been guilty of wilful neglect of
PUBLIC PAPERS OF GOVERNOR FLOWER. , 245
duty or of miscondtict in of3[ice within the meaning of the statute ;
Now, therefore, I do hereby withhold my approval from the removal of said Trede and from the' state- taent of 'reasons filed in reference thereto by said mayor.
Given under my hand and the privy seal of
the State, at the Capitol in ' the city of
[l. s.] Albany, this eleventh day of December in
the year of our Lord one thousand eight
hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary^
OPINION.
In the matter of the removal by the Mayor of Mount Vernon of George Trede, ah excise commissioner in said city. — Opinion.
Pursuant to chapter 401 of the laws of 1892, the Mayor of the city of Mount Vernon has filed with me his reasons for removing George Tredje from the office of excise commissioner of that city. Under the statute the removal is not valid unless it receives my approval.
The testimony taken on the hearing before the mayor has been filed with me, together with a copy
246 PUBLIC PAPERS OF GOVERNOR FLOWER.
of the charges, and I have given diligent and thorough consideration to the same. The first charge is as follows, viz : —
" That you have wilfully neglected and failed to per- form the duties of excise commissioner in that you did not attend any meetings of said board of excise from July 12, 1893, to October 19, 1893 ; although a large amount of business was to be acted upon and only a small portion of the matters requiring the attention of said board had been considered ; that several licenses granted had not been signed, that a large number of applications for licenses had not been passed upon and various other business neglected whereby the public interests of the city of Mount Vernon have been prejudiced and jeopardized."
Upon this charge the testimony hardly sustains any allegation of wilful neglect of duty or misconduct in office on the part of the said Trede. Section 17 of the excise law provides that the board of excise of a city " shall meet on the first Monday of each month and at such other times as the board may deem necessary." The evidence shows that while no meeting of the board of excise was held from July 12 to October 19, the failure to hold a meeting was not due to the accused Trede. There were but two members of the excise board — Messrs. Trede and Malone. Malone during this time was absent from the city and subsequently his office became vacant by his removal from the county. It is shown that with the exception of the first Monday in Septem- ber, which was a legal holiday, the accused Trede was at the place of meeting on the first Monday of each month ready to take part in a meeting of the
PUBLIC PAPERS OF GOVERNOR FLOWER., 247.
board were a quorum present. There seems to have been an understanding between the commissioners that in case a regfular meeting night came upon a legal holiday, the next meeting would be held on the following Monday night. In pursuance of this under- standing Trede called at the place where the meet- ings of the excise board were held, but not finding Malone or the clerk present he remained a reason- able length of time and then departed. It would seem, therefore, that there was no justification in holding Trede responsible for the failure of the excise board to meet on the regularly appointed nights. The responsibility for that neglect was apparently upon his associate Malone. It is quite well established that the failure of the board to meet regularly during the time between July 12 and October 19 did occasion considerable inconvenience inasmuch as a number of licenses which were granted at the meeting of July 12 remained unsigned during the interval and that a number of applications for licenses remained unacted upon ; but inasmuch as the evidence shows that the failure to hold a meeting was not the fault or neglect of Trede it would be hardly fair to remove him from office on account of any inconveniences caused by conditions for which he was not responsible. I do not feel, therefore, that it would be a just exer- cise of Executive power to assent to the removal of Trede upon this unsupported charge. The second charge is as follows :
" That you have wilfully neglected and refused to make any report of the proceedings of said board of excise to
248 PUBLIC PAPERS OF GOVERNOR FLOWER.
the Mayor of the city of Mount Vernon, or other proper authority, although one Frank Malone associated with you as commissioner of excise of said city had not appeared in said city or attended any meeting of said board for over three months, and retained and appropri- ated to his own use a large amount of money received by said board of excise for licenses."
The only report which the excise law compels boards of excise to make is an annual report to be filed with the county clerk. This report seems to have been properly made and filed. There is a pro- vision in the city charter, however, which reads as follows : —
" Every officer must report to the common council in writing on the first day of every month all moneys, fees, fines or penalties received by him, for what received, and how disposed of."
If this section applies to excise commissioners, which was a controverted point upon the hearing, it seems to have been generally disregarded for at least a year by the excise board of Mount Vernon, and the accused testifies that he did not understand that it was the duty of excise commissioners to present monthly reports to the mayor or other officer. More- over, no testimony is brought out to sustain the charge that Trede refused to make any report of the proceedings of the board to the mayor. Only one report seems ever to have been requested of the excise commissioners by the mayor and this it appears Avas promptly furnished. It should also be stated in this connection that Trede received no excise moneys whatever. The treasurer of the board was Malone —
PUBLIC PAPERS OF GOVERNOR FLOWER. 249
the absent comraissioner. While Trede may be justly criticised, in my opinion, for not being more vigorous in attempting- to correct the existing unsatisfactory condition of the business of the excise board, there is not shown to have been in his conduct, or so far as this charge is concerned, any such "wilful neglect of duty " or " misconduct in office " as would warrant his removal.
The third and last charge is as follows — the fourth having been abandoned :
, " That you have wilfully neglected your duties as such excise commissioner, and been guilty of misconduct in office in that you illegally and unlawfully clandestinely called a meeting of said board of excise, and in company with said Malone removed one Elias G. Pease, the clerk of said board, without any notice to him, and appointed one Albert F. Gescheidt, the bondsman of said Malone, the clerk to the said board, and directed the delivery of all books and records of said board to said Gescheidt although you knew that said Malone had misappropriated a large amount of the moneys of said board, and that the documents which would show such misappropriation con- stituted a portion of the documents you so directed to be delivered to his bondsmen."
This charge is unsupported by the evidence. The testimony shows that the meeting in question was not illegally called nor was it, according to the uncon- tradicted declaration of witnesses, a clandestine meet- ing. The removal of the clerk appears from the case as presented to me to have been within the power of the board, while it is also shown by uncontra- dicted testimony that at the time Malone's bondsman, Gescheidt, was chosen as the successor, Malone was
250 PUBLIC PAPERS OF GOVERNOR FLOWER.
not, as intimated in this charge against Trade, indebted to the city. The money remaining in his (Malone's) hands from licenses had been paid over to the city treasurer on the afternoon of that day. Trede himself testifies that Gescheidt was appointed clerk because of his good character and competency and that the fact of his being Malone's bondsman was not thought of at the time. Trede also swears that no excise moneys ever reached his hands, but that all went to Malone as the treasurer of the board ; that he (Trede) did not know how Malone's accounts stood with the city and that he did not deem it his duty to inquire inasmuch as he had given a bond as excise commissioner, as had Malone also, and he sup- posed the city would have its redress if there should happen to be any shortage on the part of Malone. While citizens of Mount Vernon seem to have had just cause for complaint as to the manner in which the business of the excise board was conducted, I am not convinced from the evidence before me that the mayor was justified in removing Commissioner Trede, and I am obliged, therefore, to withhold my approval from the order of removal.
ROSWELL P. FLOWER.
P UBLIC PAPERS OF GO VERNOR FLO WER. 2 5 I
OPINION IN THE MATTER OF THE CHARGES PREFERRED AGAINST THE SUPERINTEN- DENT OF BANKS.
State of New York. Executive Chamber,
Albany, December 13, 1893.
In the matter of charges preferred by a committee of depositors of the Commercial Bank of Brooklyn against Charles M. Preston, Superintendent of Banks. — Opinion.
These charges are not well defined, being embodied in a communication which attacks the management of the Commercial Bank by its officers and directors and requests the appointment of an associate receiver. The mismanagement of the bank is of course a matter for the consideration of its stockholders, its depositors and the grand jury of Kings county, and the appoint- ment of an associate receiver is a matter for the courts. The only question which comes before the Executive is whether the Superintendent of Banks failed to do his full duty under the law in ascer- taining the bank's condition, in inquiring into its management arid in compelling compliance with the law's requirements in the administration of its affairs.
The most serious charge is that during the last three, years the bank has been insolvent and that the Super- intendent of Banks was therefore negligent in not taking charge of its affairs prior to August 12, 1893.
The law compels the Superintendent to examine banks at least once a year, and permits him to
252 PUBLIC PAPERS OF GOVERN'OR FLOWER.
examine them as often as he deems wise in addition. These examinations are supposed to reveal the bank's actual condition. The first examination into the affairs of the Commercial Bank, under the direction of the present Superintendent, was made on June 30, 1 890, and showed the bank to have a surplus of $84,881.17 over and above all its liabilities, including its capital stock. The next examination was made on December fifth, of the same year, and after disallowing the entire amount of past due paper, amounting to $84,055.14, showed an impairment of the bank's capital amount- ing to $14,030.97. Immediately upon the receipt of the report of this examination the Superintendent addressed an order to the of&cers of the bank, as he was required to do by law, directing them to make good the impairment at once. Under the law the bank had sixty days in which to make good this impairment, at the end of which time if the impair- ment still existed it was the duty of the Superin- tendent to report the fact to the Attorney-General, who was required to institute proceedings as against an insolvent corporation. Within three days, however, from the time of the Superintendent's order, there was paid into the bank in cash $31,284.88, and within sixty days $10,760.89 more, making a total of $42,045 "jy, or a surplus of about $28,000 above all its obligations. During this period the bank seems to have been under the constant surveillance of the Department.
The next regular examination was on September 10, 1 89 1, and revealed, according to the examiner's esti- mates of resources, an impairment of $37,115.58. Upon
PUBLIC PAPERS OF GOVERNOR FLOWER. 253
the receipt of this intelligence the Superintendent "went himself to the bank and made a personal exam- ination of the assets. He was convinced that the examiner's valuation of the banking house and lot, $47,000, "was too lo"w — three offers of $100,000 having been made for the property — and he increased the valuation to $75,000. In addition to this there "was paid into the bank in cash $15,773.88 "within three days, and $23,098.88 "within sixty days, so that the impairment of capital existed only three days after the examination of September tenth.
The next regular examination, on October 4, 1892, showed a surplus after throwing out a lot of paper which the examiner considered worthless.
Thus the bank was subjected to four regular exam- inations in three years, and each impairment of capital discovered was made good almost immediately after notice from the Superintendent. Under these circum- stances the Superintendent could not under the law report the bank to the Attorney-General as insolvent. In addition to the regular examinations the bank's officers were repeatedly warned by the Superintendent of Banks that they must conduct its affairs more conservatively.
The Superintendent is criticized for not requiring the entry on the books of the bank of notes of some of the directors for $80,000 The fact seems to be that these notes were not given to repair the bank's impairment of capital, as stated by the depositors' committee, but as collateral security to the notes of one Hassel which had been discounted by the bank,
254 PUBLIC PAPERS OF GOVERNOR FLOWER.
and they, therefore, did not properly belong on the books. This security was nearly the amount of the Hassel notes and I am informed has been mostly paid to the receiver. Both this Hassel loan and the Grening loan, to which allusion is made in the charges, subject the bank officers to just censure, in my judgment, as to the management of the bank's affairs (considering that the capital was only $108,000), but I am unable to see that, upon the information before the Superintendent, he was culpable with regard to these loans in the manner indicated by the depositors' committee.
One more charge remains to be considered. The depositors' committee cite several instances in which the report of the examinations of the Commercial Bank by the Superintendent of Banks does not agree with the sworn statements filed quarterly with the Superintendent by the officers of the bank, and they seem to regard the Superintendent responsible for this discrepancy. I cannot but think that this conclusion is reached without careful consideration. The Superin- tendent of Banks is not responsible for what bank officers report. If they swear to false statements and file them with the Superintendent, they commit an indictable offense and the law provides a method of punishment. If the Superintendent knows that a statement filed by bank officers is false, and willfully so, it is of course his duty to report the fact to the prosecuting officer of the county, — so is it also the duty of all good citizens possessing such information ; but the difference between the statement filed by the
P UBLIC PAPERS OF GO VERNOR FLO WER. 255
bank officers and the report of the Superintendent's examination, is often a difference of opinion as to the valuation to be placed on the bank's assets. If in this case the Superintendent's figures were much lower than the sworn figures of the bank officers, the difference might have been due to his more conserva- tive estimates or to perjury on the part of the bank ofiicers. If the latter, then the criminal law points the remedy.
The charges seem to me to fail entirely to show any neglect of duty on the part of the Superintendent of Banks and are therefore dismissed.
ROSWELL P. FLOWER.
DESIGNATION OF JUSTICE C. F. BROWN AS
PRESIDING JUSTICE FOR THE SECOND
DEPARTMENT.
State of New York.
Executive Chamber.
In accordance with the statute in such case made and, provided, the Honorable Cjeiarles F. Brown, a Justice of the Supreme Court of the Second Judicial District, is hereby designated as the Presiding Jus- tice of the General Term for the Second Department of the Supreme Court, from and after the first day of January, A. D., 1894, in the place of Honorable Joseph L. Barnard, whose designation as such Pre- siding Justice is about to expire by reason of the ending of his term of office.
2S6 PUBLIC PAPERS OF GOVERNOR FLOWER.
Given under my hand and the privy seal of the
State, at the Capitol in the city of Albany,
[l. s.] this fourteenth day of December, A. D. one
thousand eight hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
RE-DESIGNATION OF JUSTICE MERWIN TO THE GENERAL TERM, FOURTH DEPART- MENT.
State of New York.
Executive Chamber.
In accordance with the statute in such case made and provided, the Honorable Milton H. Merwin, a Justice of the Supreme Court of the Fifth Judicial District, is hereby designated as Associate Justice of the General Term for the Fourth Department of the Supreme Court, from and after the first day of Jan- uary, A. D., 1894, his previous designation as Associate Justice for said department being about to expire. Given under my hand and the privy seal of the State, at the Capitol in the city of [l. s.] Albany, this fourteenth day of December,
A. D. one thousand eight hundred and
ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
PUBLIC PAPERS OF GOVERNOR FLOWER. 257
PROCLAMATION ORDERING A SPECIAL ELECTION IN THE FOURTEENTH CON- GRESSIONAL DISTRICT.
State of New York.
Executive Chamber.
Whereas, A vacancy exists in the office of Repre- sentative in Congress for the Fourteenth Congressional District of the State of New York caused by the resig- nation of John R. Fellows, whose term of office would have expired on the fourth day of March, 1895 ; and
Whereas, The Constitution of the United States pro- vides that " When vacancies happen in the representa- tion from any State, the Executive authority thereof shall issue writs of election to fill such vacancies ; " and
Whereas, The laws of the State provide that " Upon the occurrence of a vacancy in any elective office, which cannot be filled by appointment for a period extending to or beyond the next general election at which a person may be elected thereto, the Governor shall make proclamation of a special election to fill such office, specifying the district or county in which the election is to be held, and the day thereof, which shall be not less than twenty nor more than forty days from the date of the proclamation ; "
Now, therefore, I, Roswell P. Flower, the Governor of the State of New York, do hereby direct that an election for a representative in the Fifty-third Congress of the United vStates for the Fourteenth Congressional District of said State, in the place of the said John 17
258 PUBLIC PAPERS OF GOVERNOR FLOWER.
R. Fellows, be held in the said Fourteenth Con^ gressional District on Tuesday, the twenty-third day of January, 1 894 ; said election to be held and con- ducted in the manner prescribed by law for the elec- tion of Representatives in Congress at general elections. In witness whereof I have hereunto signed my name and affixed the privy seal of the [l. s.] State, at the Capitol in the city of Albany,
this twenty-ninth day of December, in the year of our Lord one thousand eight hun- dred and ninety-three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
PROCLAMATION ORDERING A SPECIAL ELECTION IN THE FIFTEENTH CON- GRESSIONAL DISTRICT.
State of New York.
Executive Chamber.
Whereas, A vacancy exists in the office of Repre- sentative in Congress for the Fifteenth Congressional District of the State of New York caused by the resig- nation of Ashbel P. Fitch, whose term of office would have expired on the fourth day of March, 1895 ; and
Whereas, The Constitution of the United States pro- vides that "When vacancies happen in the representa-
PUBLIC PAPERS OF GOVERNOR FLOWER. 259
tion from any State the Executive authority thereof shall issue writs of election to fill such vacancies ; " and Whereas, The laws of the State provide that "Upon the occurrence of a vacancy in any elective office, which cannot be filled by appointment for a period extending to or beyond the next general election at which a person may be elected thereto, the Governor shall make proclamation of a special election to fill such office, specifying the district or county in which the election is to be held, and the day thereof, which shall be not less than twenty nor more than forty days from the date of the proclamation ; "
Nozv, therefore, I, Roswell P. Flower, Governor of the State of New York, do hereby direct that an election for a representative in the Fifty-third Congress of the United States, for the Fifteenth Congressional Dis- trict of said State, in the place of the said Ashbel P. Fitch, be held in the said Fifteenth Congressional District on Tuesday, the twenty-third day of January, 1894; said election to be held and conducted in the manner prescribed by law for the election of Repre- sentatives in Congress at general elections.
In witness whereof. I have hereunto signed my name and affixed the privy seal of [l. s.] the State, at the Capitol in the city of Albany, this twenty-ninth day of Decem- ber, in the year of our Lord one thousand eight hundred and ninety-three.
ROSWELL P. FLOWER. By the Governor ;
T. S. Williams,
Private Secretary.
Public Addresses
AND
CORRESPONDENCE
OF
Governor Roswell P. Flower,
1893.
ADDRESSES,
GOVERNOR FLOWER'S ADDRESS TO COL. CAVANAGH,
When Conferring upon him the rank of Briga- dier-General BY Brevet, at the Executive Chamber, Albany, February 8, 1893.
Colonel Cavanagh :
You have come to Albany at the request of the Commander-in-chief for a purpose which I dare say you did not guess. The object of your summons here is made possible by the many honorable years of service which you have given to your country and to your State. Your career as a soldier began at a time when patriotism incited military ardor, and whether in war or in peace few soldiers have ever shown greater fidelity in their service than yourself. You fought bravely and with distinction in the great- est cause for which human blood was ever shed. You fought for your country and for the equal rights of your fellow men. You infused your energy and devotion into your commands and inspired your asso- ciates with your own courage and persistence.
Entering the military service of the State as a pri- vate in Company E of the 69th militia in 1852, you became successively first lieutenant and captain, and
264 PUBLIC PAPERS OF GOVERNOJi FLOWER.
when the war of the rebellion broke out you were among the first in battle. The return of your regi- ment from three months' service after the first battle of Bull Run, on July 21, 1861, did not quench your patri- otism. From your comrades in the 69th militia you were largely instrumental in the raising of the 69th regiment of New York volunteers, of which you were commissioned major. With this regiment you served in the campaign of the Army of the Potomac on the Peninsula of Virginia, and took part in the seige bf Yorktown, and the battles at Fair Oaks, Gaines Mills, Savage Station, Glendale, Malvern Hill and later at Antietam, in which contest you received high com- mendation from General Hancock for your gallant conduct. Severely wounded in the battle of Fred- ericksburgh, Va., you were discharged from the army in May, 1863, but a few weeks later, having been commissioned lieutenant colonel of the 69th militia, you were again at the front, serving in the Gettysburg campaign. In November, 1867, you were commis- sioned colonel .of your regiment, a position whicli you have held ever since.
You are now the senior colonel on the active list of the National Guard of the State. Your manly disposition and soldierly abilities have endeared you to your thousands of friends in the National Guard and have given you the respect and admiration of thousands more who have not the privilege of your personal acquaintance. Your long service and credit- able record deserve the fullest recognition. The Mili- tary Code authorizes the Commander-in-chief to confer
PUBLIC PAPERS OF GOVERNOR FLOWER. 265
brevet commissions of a grade next higher than the ordinary or brevet commission held by ofl&cers of the National Guard, for gallant and meritorious services therein, upon the recommendation of their superior commanding officers. Availing myself of this author- ization and acting upon the recommendation of the adjutant-general, I now have the honor of conferring upon you the brevet commission of Brigadier-General. I believe this is only the second time that such a commission has ever been conferred upon a colonel in active service. You have earned it by your long and illustrious record, and as your friend and your Commander-in-chief, I take great pleasure in present- ing you with this honorable commission.
ADDRESS TO SUNDAY-SCHOOL CHILDREN,
Upon the Sixty-fourth Anniversary of the Brook- lyn Sunday-School Union, Brooklyn, May 25, 1893.
{From the New York World report. May 26, iSgj.l
The Governor arose, and the audience got up too, and three resounding cheers were given for the genial Executive. Governor Flower said in response :
"Mr. President, Teachers and Children:
I thank you for this kind and warm reception. I assure you that I was never more embarrassed in my life than now as I stand before you. I suppose I am the only Episcopalian present."
266 PUBLIC PAPERS OF GOVERNOR FLOWER.
President Silas M. Giddings, of the Union, assured the Governor that he was -with him in that faith.
"Dr. Talmage did not say anything about Episcopa- lians," continued the Governor. " Ho-wever, I am used to Methodists. When I was young the Episcopalians were so poor that they used to unite and hold serv- ices in the same churches with the Methodists- — one denomination in the morning and the other in the afternoon. I feel now like the Episcopalian minister who went to preach in a strange town and discovered that his baggage had gone astray. After struggling through a sermon as best he could he said : " In what I have said to-day I have had to depend entirely upon the Lord. This evening I promise to do much better. I will give you one of my own sermons.'
"This afternoon," added the Governor, "I must depend upon the Lord and the bright faces before me. I remember as a young man trying to teach children the Bible. The most important thing to instil into a young mind is the difference between right and wrong, and that you can not save your soul by your own power. A ship may have good sailors, but it won't get to the end of the voyage unless it has a compass. Let the clouds obscure the sky and the ship may land fifty miles from where it ought. So the place to look for heaven is a pretty hard thing to find out."
The Governor then related a story about a rich man who heard a beautiful sermon about heaven. After- wards he remembered that the preacher had failed to locate the New Jerusalem. A friend told him that he
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could locate heaven for him ; that it was in a tumbled-down shanty on the hill where an old woman was dying in want attended by her two daughters, all suffering from hunger. The rich man went to the cottage with a load of provisions. He took the hand of the dying woman and comforted her. He had found heaven and the angels were hovering around.
"I want you to learn to govern yourselves," con- tinued the Governor, addressing the children. '^When you all learn that, there will be no need of police or military force. Then you will have a government as firm and endless as the rocks on which our country rests."
NEW YORK'S EDUCATIONAL FACILITIES.
Governor Flower's Remarks at the State Normal School at Potsdam, N. Y., June 27, 1893.
I have just returned from that wonderful fair at Chicago and I know I can interest you students of this institution in no better way than by telling you what a fine educational exhibit our State has out there. We sometimes have to go away from home to find out how great we really are as a people. It was something of this feeling which impressed me as I went about the various buildings on the exposition grounds and studied the exhibits of different states and countries. Every New Yorker must feel proud, as I did, at the splendid showing the Empire State has made. In every department of art and industry
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New York's supremacy is at once revealed and is generally recognized. The first building I entered after inspecting the New York State building was the Women's Building, and I was taken to a hand- some library, which they told me comprised 5,000 volumes written by women, and over 2,500 of them were contributed by the brains of the women of New York State ! So it is throughout the entire exposition — New York supreme everywhere.
New York has always taken a generous interest in the education of her inhabitants. Two years after the revolution, when the State Legislature established the Land Office and made provision for the disposi- tion of unappropriated lands, the law directed the Surveyor-General to mark one lot on the map in each township for "gospel and schools," and one other lot " for promoting literature," and these lots (640 acres each) were not to be sold, but were to be applied to promoting religion, education and literature in the State. Even before this, at the very first ses- sion of the Colonial Legislature after the Revolu- tionary war, the great scheme of the State Univer- sity was created and given the vital force of statutory recognition. This broad statesmanship laid the founda- tion for our intellectual progress and assisted our mate- rial prosperity, and to-day, as we look back over a century of development, we may well thank the "gospel and schools" for our proud supremacy. Wherever you find the school-house and the church you have the two greatest influences which bring the highest civilization.
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So New York lias made no mistake in exhibiting to the world her varied and numerous facilities for education. The most conspicuous thing in her edu- cational exhibit is the most suggestive thing of the entire exposition. It tells the story and gives the reason of her greatness. It is a broad, long map of the State, covering a generous portion of the wall and dark with black disks. Every disk stands for a school-house and there are 12,000 of them ! Nothing in all the exposition is more impressive than that map with its black disks. There is no county in the State, not thickly sprinkled with them. It is the first time such a map has been made and the credit of its making belongs to the pupils of the high school at the capital of the State.
The next thing that strikes the eye in the depart- ment of education at the World's Fair is the extent of the New York exhibit. We are just one-forty- fourth of the Union — only one State out of forty- four — but our educational exhibit occupies one-seventh of the whole space devoted to this department. No other State has so large an exhibit. No other State ■ has its exhibit so nicely installed. You walk down one aisle and you see a representation of our great common school system of education — kindergarten, primary schools, grammar schools, high schools and trade schools, — the great bulwark of our State — the great hopper, as I said once in an ofl&cial paper, into which the untrained juvenile minds of Irish, English, Italian, German, Swedish, Bohemian or American parentage, with their hereditary ideas and tendencies.
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are tumbled together and shaken up to form the sub- stantial qualification of the American citizen. You walk down the opposite aisle and you see exhibited our elaborate system of higher education comprised in the University of the State of New York — academies, colleges, professional and technical schools, univer- sities— a scheme of educational effort unequalled in scope by the educational system of any State, and copied many decades ago because of its excellence by the Government of France.
One may see in these various cases specimens of the handiwork of the pupils in all kinds of schools — drawings, carvings, penmanship, etc. He may even put his ear to a phonograph and hear the voices of the pupils in songs and recitations. He may also see 12,000 photographs of school buildings and views of school work.
The scope of our educational efforts is well exhibited by the statistical charts, hung so that even the hur- ried sight-seer may read. From these the world may learn, what many of us New Yorkers I fear do not .know, that last year there was expended for educa- tion in this State the enormous sum of $26,000,000. Nineteen millions of this was for our common schools, and seven millions for the higher education furnished by academies, colleges, universities and technical and professional schools, We paid nearly $12,000,000 in wages to common school teachers. We had over 17,000 teachers attending teachers' institutes. We raised over $12,000,000 by local taxation for school purposes and over $3,600,000 by direct State taxation.
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Nearly half of all our State tax goes to the support of education.
These figures will have their effect in calling the attention of people of other States and countries to our unrivaled educational resources, but they will also fill our own citizens with pride and impress upon them the responsibility of demanding that every dollar and every energy expended shall be used for the best ends and for the greatest public service. You young men and women will soon take your place among the citizens of the Empire State. You will assume the duties of citizenship fresh from these scholastic halls. Your honored institution has in its life witnessed much of the development of the State's educational system. From your environment in such an insti- tution you may feel more keenly than others the responsibility resting on each of you to use the learning which you have acquired here for the ele- vation of citizenship. From its educated citizens the State must expect its best advice and sugges- tions for broadening and making more practical its facilities for education. The great end is not that a few persons may become highly educated, but that the benefits of education and learning may be generally diffused among the masses of the people. A people are great and strong in proportion to the diffusion of intelligence among them. Keep that thought in mind, and let all your influence be cast for the attainment , of that end.
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HIGHER EDUCATION.
Governor Flower's Remarks to the Graduating Class of the St. Lawrence University at Can- ton, N. Y., June 28, 1893.
Ladies and Gentlemen :
I have come to you to-day as a neighbor, as a Regent of the University of the State of New York, and as Governor. You may receive me in whichever capacity you prefer, but if you will allow me to express a preference then I am here as your friend and neighbor.
There is an unusual kinship of feeling among the people of Northern New York. I do not know whether a similar spirit of fraternity and mutual interest exists between counties in any other section of the State. We have grown up together, faced the cold northern winds together, been associated in business, social, reli- gious and political relations together — all as if no county lines divided one set of homes from the other. I have often wondered in which county I have the most friends — whether in Jefferson, where I have spent the greater part of my life, or in St. Lawrence which in many ways seems to me a good deal like home, and from whose people I have reason to be grateful for many courtesies. Some philosopher has said that friendship which is proof against religion and politics is indestructible. If this is so ours must be pretty safely grounded, for we have not yet run against each other on religious differences — except
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now and then in raising churcli funds — and as to politics, I should have felt pretty blue in the cam- paign of 1 89 1 if I had not relied very confidently on my Republican friends in old St. Lawrence.
So I am particularly pleased to be with you on this anniversary occasion and to greet you both as your neighbor and as your Governor. You have the only college or university in the State north of the Mohawk Valley. Numerous as are our institutions of higher learning, all have chosen their homes near the centers of population except the university to which you belong. Voluntarily you have relinquished the opportunities which situation in a thickly settled com- munity gives for large attendance and liberal endow- ments, and have been willing to do what you could in a modest way for the advancement of learning in this part of the State. The State recognized the importance of the movement which led to the estab- lishment of the St. Lawrence University by appro- priating $25,000 for the purpose. How well the founders and trustees of the institution have succeeded in elevating the standard of intelligence in this vicinity and ' in offering excellent opportunities for higher edu- cation to the youth of northern New York I am glad to testify from personal knowledge. You have set your standard high. You have been among the first of our colleges and universities to admit women to the same privileges with men in scholastic halls. Your instruction and your educational ideals have been liberal. Your graduates have become strong men in the world's affairs. Your theological school is, I
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believe, the oldest of its kind in the country, and the religion which it teaches and the ministers which it has sent out have well reflected the liberal atmos- phere of your associations and ambitions.
Separated though your institution is geographically from the other colleges of the State, it is in intimate relation with them in educational progress and in unity of educational work. This is the advantage of our educational system. No other State has a system so perfect. Its scope extends from kindergarten and primary to college and university. One> branch comprises our great system of common schools. Did you ever think how young that full-grown system of free education is ? It is younger than your univer- sity — not much older than some of you graduates. It was only about twenty-six years ago that the system of free schools was permanently established as the main feature of State educational effort. We had common schools from the beginning of our State- hood ; we had legislative appropriations for them and administrative supervision, but no general system of free schools. This great educational giant, who is now our chief defense against un-American ideas, has grown up and attained his immense strength in less than a quarter of a century. I told the students of the Normal School at Potsdam yesterday that the most impressive exhibit in the World's Fair at Chicago is a map of New York State covered with 12,000 black disks, for every disk marks the location of a school-house. That shows more vividly than verbal description to what dimensions our free school sys-
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tern has grown. We raised last year for its support more than $15,000,000 by State and local taxation.
Then there is our great system of secondary and higher education comprised in what is called the University of the State of New York. It supplements the work done by the Department of Public Instruc- tion for the common schools. Originally it comprised both common school and collegiate education. It is supposed to have been the creation of the mind of that political genius, Alexander Hamilton. Its estab- lishment antedates the Constitution of the United States. No sooner had our New York patriots stopped fighting England in the war for independence than they laid the foundation for Statehood by building school-houses and creating systems of public education. Hamilton's scheme of a great university, stimulating and directing the educational movement, was one result. It was modified and elaborated later, and now for many years its relations have been entirely with secondary and higher education — academic, collegiate and university. In that relation your institution is an integral part of it. Through it your educational efforts and results are brought to the notice of other institutions, and those of other institutions are brought to your attention. The certificates of its examinations are accepted, I dare say, by your faculty in their requirements for admission.
In all advanced educational efforts the Board of Regents, representing that ideality known as the University of the State of New York, constitutes a particularly favorable medium for encouraging a
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healthy rivalry among colleges and academies and for elevating their standards. Thus your institution, though remote from others of its kind, feels the impulse which this association and relation give, and, however unconsciously, you are working in perfect harmony with the teachers and students of other institutions to advance learning and diffuse its benefits through the masses of the people.
The State can well afford to expend money for education if the effort is not misdirected. Twenty-six million dollars were expended last year, but even that stupendous sum can well be spared if it brings pro- portionate gain in diffusion of intelligence and spread of sound ideas. Intellectual advancement ought to go hand in hand with increase in material prosperity. Material and mental effort ought not to be disasso- ciated. This is no age for the scholarly recluse. Education to-day is not for the few, but for all. It must be adapted to material wants as well as to intellectual aspirations. This age in which we live, throbbing as it is with the rapid current of great achievements, is an age to stimulate the highest ambi- tions and offers to earnest and persistent efforts the richest rewards. No contestant is debarred by race or family. Brains and industry are the sole require- ments— brains and industry everywhere — in business, in manufactures, in professional pursuits. Never were they in greater demand. That is why our schools thrive and parents deny themselves to give their chil- dren educations. That is why the State encourages free instruction for those who cannot pay for it themselves.
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Education is needed to make good citizens, to increase wealth, to promote general comfort and prosperity. But how lamentably education will fail if it is not practical ; if it is not adapted to the wants of this busy age ; if it makes men and women intellectual snobs ; if it breeds and disseminates false ideas ; if it encourages socialism and anarchy ; if it undermines patriotism and brings republican institutions into scorn. To some of you to-day this occasion is fuller of meaning than to others. This day marks your separa- tion from the institution where you have studied and your entrance into the great field of active struggle for life and its pleasures. Of advice you will get plenty — take it all. Every word that is uttered by your teachers, your ministers, your parents and your friends upon such occasions as these will have its good effect. Let me give you one as your Governor. Be true to your State and to your Country ; be good citizens. The State and the Country need such men and women as you are — not as their critics but as their co-operators. Every man or woman who receives a college education ought to be a better citizen because of his college diploma. I regret to say that not all of them are. The influence of education on some is to make them mistake their function or to be impatient of attaining the millennium. This results in indiffer- ence and neglect, and worse men come to the front. Take an interest in public affairs. Make yourselves familiar with public questions. Study them for your- selves not through others' glasses. Be partisans if you will — convictions will not hurt you — but be manly
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and fair always, placing patriotism above party and honor above success. Take pride in the growtb and development of the State. Do what you modestly can in your own sphere for the uplifting and advance- ment of society, but don't take upon yourself the entire burden and responsibility.
Above all have faith in humanity and a Divine Providence !
THE GETTYSBURG DEDICATIONS.
Governor Flower's Remarks at the Dedication of THE New York State Monument at Gettys- burg, July 2, 1893.
Mr. Chairman, Comrades and Friends :
This impressive scene is the homage which a great State renders to its martyr sons. The bidding of 6,000,000 people has sent us here to dedicate their token of love to the memory of their soldier dead. The battle in which these fought was one of the great battles of history; the cause, the highest for which human blood was ever shed; the scenes of bravery and hardship are embedded in the memory of every American, and the victory here won determ- ined the integrity of the Union and insured the establishment of human freedom in this land. For participation in such a conflict and in aiding the accomplishment of such ends, no homage of a grate- ful State is too profuse — no mark of appreciation is too generous — no expression of love is undeserved.
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But in this presence and amid these hallowed sur- roundings, as I look upon the scarred faces and maimed bodies among these thousands who accom- panied us from our State to be present at these ceremonies, and to visit once more the battle ground they helped to win, I feel that out of her boundless gratitude and generosity our great State could have rendered no. more grateful tribute to the memory of those who sleep beneath the sod at Gettysburg, than to send hither, as she has, 7,000 living survivors of that terrible conflict which took place on these hills and in these valleys. You, comrades, of all the living, are most deserving to be here to-day. The great State which I have the honor to represent on this occasion, and which we are both proud to call our home, delights to pay this mark of respect and appreciation to your services. To you, equally with those who sleep around us, belong the praise and gratitude of your State and Nation. Thirty years ago to-day, 30,000 of you, all from New York, risked your lives, with your countrymen from other States, on this field against the attack of as brave an enemy as ever fought — ready to pour out your blood to save your country. Over a thousand of that noble host fell in battle and are buried beneath these stones. Some gave up their lives in other battles, and Time, the great reaper, has gathered thousands of others to their last resting place. Only you are left, and many of you are bowed and gray. A few years and you will join your comrades on the other side of the Great River. But you have the proud satisfaction of know-
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ing what those of your fellows who went before do not know, unless from Heaven they look down upon these exercises, that neither time nor space nor events have effaced from the hearts of your countrymen, or ever can efface a profound sense ■ of admiration and gratitude for the patriotic service which you rendered to mankind. The ceremonies of to-day have this double significance — that in commemorating the virtues of the dead they bear vivid testimony to the heroism of the living.
Broad and liberal in her judgments as is the Empire State, tolerant as she is of radicalism in political or religious ideas, her heart has ever beat true to the harmony of Union and she has ever steadfastly adhered to the maintenance and preservation of the federal system in all its original integrity. Her. patri- otism has never been halting or sparing. Within her borders the first scheme for a union of the colo- nies in resistance to the tyranny of Great Britain was formulated. Her territory was the scene of many struggles of the Revolution. Her sons were foremost in constructing the federal government. So, when Sumter was fired on and disunion threatened the proud nation which she had done so much to estab- lish and build up, the Empire State was found in the van of patriots, pouring out men and money and inspiration to preserve the union intact and inviolable. No sooner had the President of the United States issued his proclamation on April 15, 1861, calling on the States for militia, than New York responded with men and arms. The quota assigned to New York was
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13,280 men, and on the day following the President's proclamation Governor Morgan ordered all the avail- able organized militia, numbering 19,000 men, to hold themselves in readiness to march to Washington ; while on the same day the Legislature passed a bill providing for the enrollment of 30,000 volunteers to serve two years and* appropriating $3,000,000 for expenses. Within a week from the firing on Sumter the Seventh Regiment left New York for Washing- ton, and within three weeks 46,000 armed men had gone from the State to fight for their country. In New York city 200,000 men and womon met in mass meeting to take action on the affront to the Ameri- can flag, and the wave of popular indignation there started swept like a tide through the loyal States. The city of New York appropriated a million dollars towards suppressing the rebellion, besides the hun- dreds of thousands subscribed by individual citizens. Nearly a score of the members of the Legislature enlisted and went to the front.
Here was a splendid demonstration of the spirit of the people and of the soldierly qualities of the organized militia. Throughout the war this exhibition of patriotism was continued. Under Governor Sey- mour tens of thousands of men were put into the field — so many, in fact, that when the New York riots broke out there were but few companies of militia remaining in the State, and the rioters had their own way for a time. Because Seymour went to the metropolis, and in seeking to suppress disor- der addressed the disturbers as "my friends," he was
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maligned by opponents for lack of sympathy with the Union cause. But Seymour's sympathy was demonstrated in a more practical way, He had sent all available State troops to fight for the Union at the seat of war and was not looking for enemies to fight in his own State. In all, New York furnished for the defense of the Union 400,000 men, or over one- fifth of her entire male population. The cost to her in actual outlay of money is conservatively estimated at about $200,000^000, while the loss of human life in actual service comprised 52,993 men. Patriotism is not usually measured by statistics, but figures such as these, the equal of which no other State can pre- sent, must forever stand as a monument of New York's courageous devotion to Liberty and Union.
In the great battle fought on this hallowed ground New York's part was prominent and the bravery of her men conspicuous. No small share of the Union victory is hers. Most of the heroes of the struggle were her sons. A third of the soldiers on the Federal side were in New York regiments. In cavalry, artil- lery and infantry organizations, equivalent to seventy- three regiments, New York had not much less than 30,000 enlisted men and officers on the field. The battle was opened in the morning of July first by videttes and skirmishers of the Eighth New York Cavalry, and Buford's Cavalry, of which the Sixth, Eighth and Ninth New York formed part. They engaged the enemy stubbornly until the infantry arrived, and then effectively supported the latter during the day. The division of James S. Wads-
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■worth, a son of New York, of the First Corps, arrived first on the field, and came to the relief of the cavalry. In this division there were the Seventy-sixth, Eighty- fourth, Ninety-fifth and One Hundred and Forty- seventh New York Volunteers ; the latter regi- ment lost that forenoon 207 killed and wounded out of 380 men ; the Seventy-sixth lost 169 killed and wounded out of 375 men ; while the Eighty- fourth and Ninety-fifth Regiments, in a charge with the Sixth Wisconsin, captured nearly the whole of a rebel brigade. About the time this occurred, General Abner Doubleday, of our State, and the Second and Third Divisions of the First Corps, the former commanded by John C. Robinson, also a New Yorker, and in them the Eightieth, Eighty-third, Ninety-seventh and One Hundred and Fourth New York Volunteers, arrived on the field and at once took part in the struggle. In one attack on a brigade of Robinson's division, the Eighty-third and Ninety- seventh received high commendation and the latter regiment captured a battle-flag. The Eightieth, Ninety-fourth and One Hundred and Fourth are also praised in the official reports, and General Robinson says : " Soldiers never fought better or inflicted severer blows upon the enemy." In this day's fight- ing, Reynolds' Batteries L and E of the First New York Artillery bore their share and earned deserved commendation.
About the time all of the First Corps was engaged and later, the Eleventh Corps and in it Battery I of the First Artillery, the Thirteenth Battery, the
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Forty-first, Forty-fifth, Fifty-fourth, Fifty-eighth, Sixty- eighth, One Hundred and Thirty-fourth, One Hundred and Thirty-sixth, One Hundred and Fifty-fourth and One Hundred and Fifty-seventh Regiments, New York Volunteers, arrived and took position and their part in the engagement. Francis C. Barlow, Von Steinwehr and Carl Schurz, all New Yorkers, com- manded the divisions of the Corps.
The fighting of this, the first day, was of a desperate character, and those engaged deserve all praise for their bravery. While they were compelled to give way, they finally held the position at which the battles of the succeeding days were fought.
With the Commanding General of the Army of the Potomac, General Meade, there arrived on the field of battle his Chief of Staff, General Daniel Butterfield, of our State, who had served not only in our volunteers, but also in New York's militia before the war commenced.
By the forenoon of the second day all of the Third Corps, commanded by General Sickles, had reached the field, the first division arriving there in the evening of the first. In the afternoon it was attacked by a superior force and a furious conflict began. Our State was represented in this corps not only by its gallant commander, but also by General Joseph B. Carr, J. H. Hobart Ward and Charles K. Graham, the Fourth Battery and Battery D, First Artillery, the Fortieth, Seventieth, Seventy-first, Seventy-second, Seventy-third, Seventy-fourth, Eighty- sixth, One Hundred and Twentieth and One Hundred
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and Twenty-fourtli Regiments of Infantry. I need not remind you that it was here in this plucky fight our brave presiding ofl&cer lost his leg. His courage won for him immortal fame and the conduct of his troops found deserved eulogy in the reports of the division and brigade commander.
The Fifth Corps arrived in the forenoon of this day and with it the Twelfth, Forty-fourth, One Hundred and Fortieth and One Hundredth and Forty-sixth Infantry, and Battery C of the First Artillery, of the New York Volunteers. Of its general officers, Romeyn B. Ayers and Stephen H. Weed, were also of New York. In coming to the support of the Third Corps, the Fifth took possession of the Round Top Ridge, a most important position, and maintained their hold. The loss suffered was very severe and among the killed was General Weed. The corps commander reports that the men of the Fifth Corps sustained their reputation.
The Second Corps arrived on the battlefield on the morning of the second and was placed in position. Its first division assisted the Third and Fifth Corps in the battle of the afternoon, in fact, nearly the whole corps became engaged in repelling the enemy's attack, made originally on the Third Corps. The Tenth, Forty-second, Fifty-second, Fifty-seventh, Fifty-ninth, Sixty-first, Sixty-third, Sixty-fourth, Sixty-sixth, Sixty- ninth, Eighty-second, Eighty-eighth, One Hundred and Eighth, One Hundred and Eleventh, One Hundred and Twenty-fifth and One Hundred and Twenty-sixth Regiments of Infantry, Battery B, First Artillery and the Fourteenth Battery, served in this Corps, and
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General Samuel K, Zook, a New Yorker, was killed in the conflict, General Alexander S. Webb, another New Yorker, also served in this Corps.
The vSixth Corps arrived on the afternoon of the second, and worthily assisted the Fifth Corps in its struggle with the enemy. In this Corps, were the New York Thirty-third, Forty-third, Forty-ninth, Sixty-second, Sixty-fifth, Sixty-seventh, Seventy-seventh, One Hun- dred and Twenty-first and One Hundred and Twenty, second Regiments of Infantry, the First and Third Batteries, and Generals J. J. Bartlett, D. A. Russell, and Alexander Shaler, of this State.
General Henry W. Slocum, whose noble heroism and military skill his country honors equally with the Empire State, commanding the Twelfth Corps on this occasion, had arrived and taken position on the evening of the first. On the second, in the afternoon, portions of his corps moved to the assistance of the Third and Fifth Corps, and soon thereafter the remainder of the corps, commanded by General George S. Greene, another New Yorker, who is also with us to-day, had a severe engagement of nearly three hours duration, but, supported by parts of the First and Eleventh Corps, held its ground. New York's representatives in this corps were, besides Generals Slocum and Greene, the Sixtieth, Seventy-eighth, One Hundred and Second, One Hundred and Seventh, One Hundred and Twenty-third, One Hundred and Thirty- seventh, One Hundred and Forty-fifth, One Hundred and Forty-ninth and One Hundred and Fiftieth Regiments of Infantry and Battery M, of the First Artillery.
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Gregg's Cavalry division, in- which served the Second, Fourth and Tenth New York, arrived on the second and had a severe engagement in the afternoon.
Kilpatrick's Cavalry division (Kilpatrick was a New York volunteer before being promoted Brigadier- General), in which the Fifth New York served, arrived late in the afternoon of the second, and also had a successful engagement with the enemy.
Early on the morning of the third, the whole of General Slocum's Twelfth Corps having been united during the night, it returned the attack of the pre- vious evening, and the ground lost was fully regained ; two brigades of the Sixth and some regiments of the First Corps supported this attack. The Sixtieth New York captured two battle flags.
Soon after noon of this day the enemy opened a tremendous artillery fire and the artillery reserve, in which were the Fifth, Eleventh and Fifteenth Batteries and Batteries G and K of the First Artillery, which had arrived on the second and portions of which were engaged that day, took part with the other batteries in reply to this cannonade, and in the final repulse of the charge which followed it. The report of the Chief of Artillery of the Army of the Potomac speaks well of their work and bravery.
About two hours after the commencement of the artillery fire, the enemy advanced and charged the position held by the Second Corps. They made a gallant charge, but were finally repulsed at all points. Of the troops who directly assisted in the repulse, the Eightieth New York was especially mentioned;
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the Eighty-second captured two, the Forty-second one and the Fifty-ninth two battle flags. While this charge was made principally on the Second Corps, there were engagements all along our line, and Kilpatrick's division, with the Fifth Cavalry, had a sanguinary action with the enemy. Victory every- where rewarded the bravery of our troops.
I make no excuse, before 7,000 veteran survivors, for recalling the proud parts which you and your absent associates took in this great battle. Before you I need but state the bare outlines of these three days' engagements. At every point, in every action, the .men of the Empire State were found in the van, doing their full duty, with credit to themselves and- the State. The daring deeds of officers and men, the hair-breadth escapes, the wounds, the deaths, the miser- ies, the anguish, the courage, the hopes, the despair, the triumphs — all these your memory recalls among these scenes more vividly than brush could paint or pen narrate. Sweet to you must be the proud conscious- ness of having gone down into the valley of death for your country's sake. And sweet to you particu- larly must be the revived memories of this field since you have been spared to witness the fruition of its hardships and sorrows in a restored and peace- ful Union.
To us of maturer age the battles of the Revolution were firmly impressed in our memories as we read their history, not by gas or electric light, but by tallow candle, and we gazed long and intently at the pictures of the heroes and heroic struggles of
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those days. The picture of " Old Put " riding down the steep hill, Washington crossing the Delaware, all in steel engraving, are vividly impressed on my mind to-day. But no picture of the past is worthier of an honored place in our memories than this of to-day. Here are Sickles and Slocum and Butterfield and Greene and other brave officers, and this mag- nificent background of 7,000 New York veterans — all joint participants in this fight for Union, and all sharers in its glorious triumphs. Soon they, too, will be in steel plate, and our children will revere and remember them as we revere and remember those who fought for our freedom and won it lOo years ago.
We are here to-day as New Yorkers, bringing sad but proud associations to the celebration of the deeds of neighbors and kinsmen in a great national battle, but we are on the territory of another State, and we are here to turn over to the custody of another people the monuments which our hands have built and which our acts to-day dedicate. But not to strangers do we confide this token of our love — not to people indifferent to the sentiment which attaches to our action. The blood of Pennsylvanians is mingled here with the blood of New Yorkers. The memory of the battle is sweetened with the thought of the Christian charity which Pennsylvania's sons and daughters showed towards the dead and injured on this field. Gentle hands bound the wounds and ministered to the wants of our mangled comrades. Sympathetic hearts sent to many a sorrowing home the last messages of dying 19
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soldiers. The deeds of valor in tlie battle were not more memorable than the acts of self-sacrifice among the sufferings of the -wounded. Charity here knew neither State nor section, neither Union nor Confederate soldiers, but suffused its tender mercies among all alike.
This is pre-eminently the battle-field of the nation. Men of nearly every State participated in its action. Nearly every State contributed to the exhibitions of bravery, and no less brave were those who fought in the Union army than those who followed the Con- federate flag, and fought behind their superb leader, General Lee. No charge in martial history was ever more daring or courageous than that of Pickett's men. It has an immortal place among military annals.
Around us sleep the dead of nearly every State.
The same green sod covers the grave of Union soldier
and Confederate soldier, and the firm texture which
nature has woven over the dead bodies of those who
were once in mortal conflict here, is symbolic of that
close feeling of affection, sympathy and respect which
now binds together the people of the north and south,
and forgets, in one common, fraternal and patriotic
impulse, the wrongs and injuries of days gone by. In
dedicating these monuments to our own heroes, we do
not forget or withhold the praise due to the heroes of
sister States, but in our exercises here merely reflect
the attachment and respect which extend to all. We
have always —
"Love and tears for the Blue, Tears and love for the Gray."
PUBLIC PAPERS OF GOVERNOR FLOWER. 29 1
Standing here on this ground thirty years ago next November, and consecrating this burying-place for the dead, Abraham Lincoln, before the war was yet over, in what has been called the most eloquent speech of his life, gave utterance to these words:
" In a larger sense we can not dedicate — we can not consecrate, we can not hallow — this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember, what we say here. It is for us, the living, rather to be dedicated here to the unfinished work which they who fought here have thus far nobly advanced. It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we have highly resolved that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that govern- ment of the people, by the people, for the people, shall not perish from the earth."
To this solemn task no man gave truer devotion than the great martyr who uttered the sad and earnest injunction. Before the work was completed he was taken away. He was only allowed to behold a stricken nation, torn by dissension, wasted by war, its integrity saved, but the embers of civil strife still burning and complete reconciliation still invisible. You, his associates in this task, have been spared to
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see its full accomplishment. To-day the civil war is but a part of history. Time and the fraternal instincts of one people have effaced all bitterness and discord. Great as was the magnitude of the Rebellion terrible as it was in its effect, the great lesson which it taught was to future ages worth the teach- ing and the memory which it left will be a perpetual warning. For generations to come — let us hope, forever — there can never be in this country another civil war. The ties of friendship and love are now too closely knit together to permit the arraying of one section against another in deadly conflict. It would be the everlasting shame of the United States if, advanced as they are in civilization and with the warning of the Rebellion behind them, they should permit any difference of political opinion to lead them to warfare. We are confronted with dangers, but not from sectional conflicts. Peace and order will be threatened, but such outbreaks must neces- sarily be spasmodic, and the strong arm of the law will be put forth to quell them. For this purpose we must equip and m^ntain our citizen soldiers, our State militias, in sufficient numbers and in proper discipline. They are our mainstay against riot and disorder. They were the first to rush to the defense of the Union and were the nation's main reliance. They must be maintained and encouraged, not for the cultivation of a warlike spirit, but for the pre- servation of peace and order. The existence of an efficient militia prevents the engendering of disorder, not by use of weapons, but by the moral presence
PUBLIC PAPERS OF GOVERNOR FLOWER. 293
of military discipline and strength. We need our militia to prevent riots as well as to suppress them.
The real dangers which confront us, however, are not from martial conflicts or clash of arms. They operate more insiduously. They sap our moral strength and warp our political ideas. In the battle against these enemies we are all soldiers under the same flag. For our inspiration we come to these historic scenes and drink anew the patriotism which springs from noble deeds and brave words. If the immediate task in which Lincoln invited your co-operation thirty years ago is done, the banner of Liberty and Union which he carried must still be held aloft, and the nation which he and you defended must be preserved from corruption and decay. In that work let the memory of Gettysburg cheer us on, and make us all true Americans consecrated to America's highest welfare.
Remarks of Governor Flower at the Dedication OF THE Monument of the Excelsior Corps, New York Volunteers, at Gettysburg, July 2, 1793-
Comrades :
I am especially glad to be with the members of the Excelsior Corps and its gallant commander upon this occasion. Your record in this great battle was a proud one. The only criticism I have ever heard passed upon your conduct is that you were too anxious to fight. Indeed, if it had not been for your impetu- osity there perhaps would not have been a battle of
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Gettysburg, with all that that implies. Your valor at that time on this field turned the tide of the rebellion, and what would have happened but for your precipitation of the conflict here none of us can pre- dict. Your corps deserves therefore a special place in the history of Gettysburg, and the dead whom this monument commemorates are deserving of the grateful remembrance of the American people.
In these days, recalling the dangers and sufferings which you brave soldiers incurred for your country on this battlefield, we must all admit that no reward of an appreciative country can be too generous for her true defenders. We now and then read newspaper criticisms of the government's liberality in the matter of pensions to her veteran soldiers, but it seems to me as I go over this battlefield and hear retold the stories of these scenes that even the newspaper critic, if he could have been on this ground and heard the bullets whizzing around his head, if he could have seen the brave acts of valor and the intense suffering, if he could have seen the Union soldiers falling one after another, and amid these surroundings had been communicating to his paper hundreds of miles away, I fancy that he might have telegraphed back : " Give all surviving soldiers pensions, give their widows and children pensions, give their grand-children pensions, and if necessary give their hired girls pensions, but for God's sake let me come home ! "
Comrades, I am glad to be here to show even in this small way my appreciation of your courage and your patriotism.
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Governor Flower's Remarks Before General Greene's Brigade, Slocum's Corps, at Gulp's Hill, Gettysburg, July 2, 1893.
Comrades :
It is not on the programme for me to make a speech, so I will not occupy your time. You fought in this battle and you fought well. You belonged to the best disciplined army in the world. Unlike the soldiers of Europe, who struggle for the honor of princes and of kings, you fought to make your enemies equal to you and to save for them and their children their homes and their firesides, the blessed principles of liberty. On this spot was the crisis of the national life. This battle rolled back the top-most wave of civic strife, and from east to west the lines moved forward and on to victory. Time will do you justice and this battle will be to your descendants a land- mark in the records of your families. I wish you all success and hope that each one of you may live to be as old as your grand commander. General Greene. I wish to God I had been here with you myself. I know no better epitaph and could wish none other written on my tomb when I am dead
than this :
" He was a Union soldier."
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Remarks of Gov. Flower, July 3, 1893, at the Dedication of the 44TH N. Y. Volunteers' Mon- ument, on Little Round Top, Gettysburg.
Comrades :
I am glad to be with you on this historic ground to-day. As I look over this field of battle I am reminded that thirty years ago two civilizations met here for mastery — that of Cavalier and that of Roundhead: I am also reminded of a parallel in his- tory. The Romans taught their sons to war and also to till the ground. The Spartans taught their children to war, while their slaves tilled the ground. Trace the parallel as you will. You accomplished two pur- poses — you emancipated the slaves and you saved the Union. This hill stayed the flood-tide of the Con- federacy. When you rolled Lee's army back you little thought you had accomplished so much and that so much depended upon the battle on this ground. You fought better than you knew, for in this battle you saved the Union of these States and guaranteed human freedom throughout them forever.
You fought one of the great battles of history- on this field and against men worthy of your steel. You fought in a great cause. The soldiers of the old world fought to make their rulers great. It was said of Napoleon that
" His game was Empire, His stakes were thrones, His tables earth, His dice were human bones."
PUBLIC PAPERS OF GOVERNOR FLOWER. 297
But you fought to preserve this glorious Union — to save this priceless legacy to the people and their children forever.
The Confederacy, by coming to Antietam and Gettys- burg, demonstrated that the republic is well founded, and on the strongest possible pattern. The Germans, knowing that J'rance was a centralized republic, appointing its mayors of the different cities from Paris, surrounded Paris and when it surrendered France was prostrate in Germany's hands. The Eng- lish captured Washington, but did not destroy the republic. When the Confederates began to march on Antietam and Gettysburg, in the northern States, in the school districts, in the towns, villages and cities, we just began to get mad, and marched to defend our country, because the common school system had taught all our citizens their duty to their country, and we soon had the Confederates marching back towards their homes. Our Government is like a monument — we laid our foundation stones in the school district, and so built up through town, city and State, that it is firm and enduring as the rocks on which the conti- nent rests.
There is room for but one flag in this country. I am of the opinion that you and I, in our genera- tion, or our children in theirs, will not have another war, one section of the country with another. We know the valor of the Southerners, and they know ours. We are bound together by commercial inter- ests and by ties cemented on the battlefield. We know each other better now, and are one people.
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A WELCOME TO TEACHERS.
Governor Flower's Address to the University Convocation in the Senate Chamber, Albany, July 5, 1893.
Ladies and Gentlemen:
This is one of tlie few New York institutions I have not heretofore had the pleasure of inspecting. I think I may safely call it a New York institution, for the Convocation has become a permanent feature of the work of our so-called State University. You come here every year under the auspices of the Regents of the University, from academies, high schools, normal schools, colleges and universities, to consult together and get the benefit of each other's ideas on educa- tional subjects. No more dignified body, representing so much learning and intelligence, meets annually in any part of the world. The teachers of New York are a noble host — more essential to the State's welfare than its National Guard — and when they assemble as they do here from all parts of the State, representing all kinds of schools and all kinds of ideas, but intent on one great object — the diffusion of Knowledge and the spread of Truth — they form an army of workers that will put ignorance and materialism to ignominious flight.
On behalf of the State government, representing its administrative departments, I bid you a hearty wel- come to the capitol and to this chamber. I am sure I speak the sentiments of my associates in the administrative offices when I assure you of our
PUBLIC PAPERS OF GOVERNOR FLOWER. 295
earnest wisli for your co-operation in advancing the educational interests of our State. Our educational machinery is unsurpassed, our liberality is almost prodigal — let lis see that the opportunities which these two essential factors present are taken advantage of in producing the wisest results. Let us remember that all learning is vain which does not tend to perfect human character and advance civilization. The State is not justified in taxing its inhabitants millions of dollars every year for the benefit or scholarly advance- ment of a few of its citizens, but this taxation and expenditure must be employed to make learning democratic, to make better citizens of us all and more devoted patriots.
To the teachers of our youth we must look for these results. Do not let your pupils make learning their master, but their slave. Do not let them worship it as a fetish, but teach them to regard it as the servant of their highest comfort and success in life. This is what distinguishes the learning of to-day from the learning of past ages — that it is not for the few but for the many, and that it is not an ornament, an accomplishment, but a practical requirement in all our daily struggles. We must adapt our teaching therefore to these changed conditions — realizing that it is to reach and permeate all classes of people, and that it is worse than wasted if it does not help every man in his daily occupation and make of them all better citizens.
I am glad to bear testimony from knowledge gained by personal visits to our institutions of learning that
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this is -what our schools are trying to do, and I hope it will continue. You are the workers in this modem movement. You will find a keen sympathy from legislative and administrative branches of government. Your ideas and ours may not always agree — the tendency of your lives and thoughts may lead too much towards the theoretical, while our tendency may be too much towards the practical. But we can not ever be very far apart in our sympathies and objects, and between the extreme views on either side we ought to find a very desirable middle-ground of effort.
I am glad to welcome you here and to get acquainted with you. It is a good thing for the people to get acquainted with their official servants, and it is an .equally good thing for the official ser- vants to get acquainted with their masters, the people. Both know each other better then, and in government it is alienation rather than familiarity which breeds contempt. We get the advantage of your ideas and know better how to suit your wishes, and on the other hand you perhaps begin to appreciate that there are a great many people to please in as big a State as this and you become a little more tolerant towards those who have to do the pleasing.
I shall not detain you longer now, but hope to have the pleasure of seeing you individually and welcoming you more informally.
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CONFIDENCE IN SAVINGS BANKS.
Address of the Governor to Depositors During A Run on the Jefferson County Savings Bank AT Watertown, July 6, 1893.
Fellow Citizens :
I have examined the assets of this bank and find that they have nearly $1,000,000 in good bonds and mortgages on improved property at one-half its value. The balance of their investments is in government bonds. State, county and city bonds. When the State agent examined this bank he found it in splendid shape.
The bank has a surplus of $250,000. This belongs to the depositors when it is divided. These officers are merely your agents, and while they only allow you four per cent, interest, the amount they get for their money over that sum, after paying the secre- tary and teller, etc., goes to the surplus fund and is your money when thought wise to divide it. I know whereof I speak, and after having carefully examined the condition of the bank, I say I would advise you not to withdraw one dollar, unless you actually need it.
In panicky times like these; when the people all want their money, you by your actions force the banks to keep a larger amount on hand than usual. To get this money the bank officials have to refuse to loan money on mortgages and also refuse to loan it on commercial paper, and, therefore, you restrict trade and thereby throw labor out of employment.
302 PUBLIC PAPERS OF GOVERNOR FLOWER.
To illustrate what this bank is, suppose that each of you has twenty dollars, you place it in a bank, with it the banker buys good bonds or discounts a note for some merchant or takes a mortgage on some farm, afterwards you demand your money from the bank ; by your action you force the bank to fore- close on the mortgages held by it ; the merchant is compelled to pay his note or suspend business and the bank is forced to dispose of its bonds. Thus, by your action in this instance in demanding money which you do not want, you are forcing the fore- closure of mortgages and driving men from their homes and compelling the suspension of business industries generally.
When you know that this bank is perfectly solid and has good security for all of your money and a surplus of $250,000, I do not believe that you will desire to draw any more than you actually need.
THE STATE'S CHARITIES.
Extract from Governor Flower's Remarks at the Teachers' Picnic at Summit, Schoharie County, August it, 1893.
The teachers of New York State form a noble host. They comprise an army of workers more than twice as large as our National Guard. Their influence for the preservation of order and the observance of law, though differently exercised from that of the military- body, is even more potent. The spread of education
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promotes the cause of good order and makes military organization less necessary. Essential as the existence of a well-equipped and -well-trained citizen militia is to a State, it is even more essential that the causes of social disorder — ignorance and vice — should be pre- vented by the thorough diffusion of learning and religion among the people. This is the broad field in -which our teachers have to -work. It is a glorious mission — - full of great opportunities, but attended also -with vast responsibilities. The -workers in it cannot fail, ho-wever, if the keynote of their influence and instruction is the promotion of patriotic citizenship and the highest -welfare of society. If the influence of education is to make men and -women less patriotic, to cause them to take any less interest in public affairs or to shirk any responsibilities of citizenship, then the State is -wasting its money in its liberal efforts to afford proper instruction for its youth.
The educational system of our State has attained a remarkable development. T-wenty-six million dollars all told were spent in educational purposes last year. This is more than is expended in any other State in the Union. Of this amount $19,000,000 was for common schools and $7,000,000 for the higher edu- cation furnished by academies, colleges, universities, and technical and professional schools. Fifteen mil- lions were raised by local- and State taxation, and more than half of all our State tax during the past two years was for school purposes. We paid last year nearly $12,000,000 in wages to common school teachers.
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I mention these figures to give you an idea of the important place which education holds among the energies of government, State and local. With so great an expenditure great results should certainly be expected. These, I think, we may readily per- ceive. We have a population of high intelligence generally diffused. When one thinks of the hun- dreds of thousands of foreign immigrants who seek this land of liberty through the gates of our harbor, and never see more of it than is contained within the borders of the Empire State, he might be jus- tified in fearing that the influx of so varied and sometimes so -findesirable a population would seriously contaminate our society and imperil good government. But this danger is averted by influences which prevail in the opposite direction. The ignorant immigrant, or the immigrant with perverted notions of government, in his daily occupation rubs up against intelligent and cdmmon sense American workmen, imbued with the spirit of our institutions, and the effect of the con- tact is to gradually transform the new-comer into a good citizen. But more powerful still is the influ- ence of our common schools upon the children of foreign birth. The inspiration of a free country, where all raen have equal rights and privileges, and the enthusiasm for American ideas instilled into youthful minds by the teachers in our public schools, permit no seeds of socialism and anarchy to find root here. It is the glory of our State and its educational system that amid such adverse conditions good order and good government are so universal and so con-
PUBLIC PAPERS OF GOVERsVOR FLOWER. 305
tinuous. Let us watch lest no false ideas or relaxed attention invite mal-administration or social disorders. Let our common school system breathe forth sturdy American ideas, inspiring all youth to give their best energies for proriioting the highest civilization and encouraging the highest type of citizenship.
Let me digress somewhat from the subject of State educational effort to speak of another field of gov- ernmental activity. I refer to our system of public charities. Few persons are aware of the extent of the development in this direction during recent years. I allude now not to the innumerable institu- tions established for charitable purposes by private beneficence or naunicipal taxation, but solely to those objects of charitable endeavor promoted and main- tained by State appropriations. If the development of her charities is the test of a State's civilization, then the Empire State must easily lead all the rest. Ten years ago the expenditures for these purposes were coraparatively light. To-day they are one of the greatest burdens of our annual budget. Gradu- ally and quite insidiously one institution after another has been added to the list of the beneficiaries of State taxation, until to-day there are not less than thirty "institutions of a charitable nature which are supported in whole or in part by State appropriations. During the legislative session recently ended, appro- priations for these institutions reached the enormous sum of $4,200,000, and this amount would have been considerably increased had the law-making body con- 20
306 PUBLIC PAPERS OF GOVERNOR FLOWER.
sented to the establisiiinent of yet other institutions demanded by influential associations of citizens.
These figures in their aggregate were a surprise to me, I confess, and I take it they will be to most of you. They are even more suggestive when com- pared with other State expenditures. Four million dollars are nearly half the total appropriations for general purposes of government. Take out of the annual budget the appropriations for schools, chari- ties and canals, and the remainder would be an insignificant sum. The charities alone require greater taxation than the schools by a million dollars, greater than the canals and all public improvements by at least two million dollars. The time has come when we must scrutinize most closely every new demand to increase this burden, and inquire carefully into expenditures for this purpose.
Let me give you some figures for the last fiscal year that will give you a more vivid idea of what the State is doing for the helpless classes of its popu- lation. We expended for the insane over $1,000,000; for the deaf and dumb in seven asylums, $188,000; for the blind, $83,000 ; for the State Board of Charities in administrative work, $54,000 ; for various reformatory institutions (not under the department of prisons), $793,000 ; for feeble-minded children, $86,000 ; for feeble-minded women, $5,000, and for miscellaneous purposes, in addition to those enumerated, several hundred thousand dollars. But the expenditures last year were considerably less than they will be here- after, for beginning next October the State assumes
PUBLIC PAPERS OF GOVERNOR FLOWER. 3°7
the care of all its pauper insane and must, therefore, provide an additional tax sufficient to yield nearly a million and a-half of dollars.
I would be the last to lift my voice against reason-_ able magnanimity on the part of the State towards the helpless and unfortunate creatures among our fellow-men. The love which prompts a great State to stretch out its merciful hand to these unfortunates is an exhibition of advanced civilization and a laudable indication of the growth of Christianity. And in anything I have to say on this subject I beg you will not accuse me of any feelings of opposition to state thoughtfulness and effort of this kind. But in grouping together these figures and presenting them to your attention in the aggregate, I desire first to attract your thought to their enormity and then to indicate how by lax legislation or insufficient safe- guards around administration many thousands of dol- lars may be wasted and the good which the charity aims at be not attained in the fullest measure. It is poor charity indeed which is prodigal of resources and barren of the be^t results. Custodians of the public welfare would be unworthy of their trusts if they refused to insist that business principles should char- acterize the administration of the State charities as well as that of its public improvements.
As has been pointed out, these various institutions of a charitable or reformatory character have not been established in accordance with any systematic plan. They have been spasmodic in their growth and quite independent in their action. Some have
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no accountability to the State whatever. Others are managed by local boards of honorary officials, who may or may not take an active interest in the admin- istration. I think if there is any conviction which our political experience has forced home to us it is that where public money or public energy is to be expended there must be official accountability and direct responsibility. These two conditions of good and economical administration are to a great extent lacking in our present system of State charities. The dangers of extravagance and mal-administration arising from this la6k are real and should be averted. The enormous development of our system of charities and its increasing burden upon the taxpayers demand that there should be immediate reform in this direction.
I take pleasure in saying in this connection that the great task which the State has this year assumed in the care of the pauper insane has been placed upon a proper basis and is open to none of these objections. The law has been carefully drafted to secure both economical and efficient administration. Every proper safeguard has been placed around the purchase and use of hospital supplies. A careful system of audit has been provided and no extravagance or mis- appropriation of money can occur except through the connivance of a large number of officials. While each great hospital has its local board of managers, one central commission exercises general supervision and control. Had these safeguards not been imposed the entire system might have been jeopardized by extrava- gant or loose administration.
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I should say further in this connection that while the assumption of this charge by the State imposes additional burdens of State taxation it will be an actual saving to all but four counties in the State. This arises from the fact that New York and Kings counties do not avail themselves of the act, and not 'only pay for the care of their own insane but a large share of the expense of maintaining the State insane besides. This makes a saving to fifty-six counties of the State of about fifty per cent, as com- pared with the cost to them under the old state of things. Schoharie county will save about $6,000 by the change. These savings will be welcomed by the taxpayer in these hard times.
NEW YORK AT THE WORLD'S FAIR.
Remarks of Governor Flower at the Celebration OF " New York Day," World's Columbian Exposition, Chicago, Illinois, September 4, 1893.
Mr. President, Gentlemen of the Commission and Fellow- Citizens of New York and Other States :
We came here nearly a year ago, representing the Empire State, to dedicate this building to the pur- poses of the Exposition. We brought with us our best wishes for the great success of the national enterprise, and we pledged our best efforts for the accomplishment of that end. To-day we have returned to witness the result of your labor and ours — to
310 PUBLIC PAPERS OF GOVERNOR FLOWER.
celebrate a triumph made possible by the stupendous enterprise of this western metropolis and shared ■without jealousy by the people of the entire country. If, upon this occasion, devoted particularly to the celebration of New York achievement, we congratu- late ourselves also on New York's part in the work and the triumph, our fellow-citizens of other States will, I am sure, indulge us in our felicitations and justify our enthusiasm, for they cannot have seen much of this Fair if they have not detected the prominent place which New York has taken in it.
This whole magnificent and unrivalled Exposition has been held .to commemorate the discovery of Columbus that opened a new world to civilization and a new home to freedom. It is, therefore, fitting that the day which the Empire State has chosen as her own at the Exposition should mark the date in her history which connects her with the achieve- ments of another great navigator. It was on the 3d of September, 1609, that Henry Hudson, in command of the "Half Moon," dropped anchor inside of Sandy Hook and began that memorable exploration which prepared the way for coming commerce and marked the path by which was to be developed the future wealth and greatness of the State of New York. It was a short cut to the Indies that Hudson sought; it was a highway into the heart of a new continent, destined to become richer than the Indies, that he found. Baffled and disappointed, a victim to the treachery of his own crew, Hudson died, leaving the profitless search for a north-west passage to Asia
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to serve as a lure for adventurous navigators for full 200 years more. But the commerce for which he prepared the home at the mouth of the noble river which bears his name was not long in becoming a solid fact, and it is to-day one of the most notable manifestations of human enterprise on the face of the globe.
There is abundant evidence of the extent and variety of the trade of New York to be found in the contents of the beautiful buildings in this ^ark. Out of all the 176 groups of the Exposition classifi- cation, there are very few in which some New Yorker does not exhibit, and in most of them the New York exhibits fix the standard of display. Representa- tive firms from New York are in the front rank of exhibitors in every commercial department of this Exposition ; the artists of ■ New York stand for the major part of American achievement in painting and sculpture, and the State has come in as an exhibitor here on a scale worthy of its imperial status. I had occasion to say in this building on the twenty-second of October last, that New York would join this con- gress of nations, bringing the best she has of tlie bounty of nature and the art of man. I outlined the character of the display which the State proposed to make in seven of the great departments of the Exposition, and, I am happy to say, we have been able to do all and more than all that we promised. There is no more complete and carefully classified presentation of the farm products of any State than is to be found in the New York pavilion in the
312 PUBLIC PAPERS OF GOVERN'OR FLOWER.
Agricultural Building. It has been a revelation to the western visitor to find how vast and varied is the range of the field crops of New York and how well fitted most of them are to stand comparison with the very best which the ■ country has to show. From its cereal crops to its tobacco, from the beans in whose production it excels all the rest of the Union to its hops, its flax and its grasses, New York's display of agricultural wealth has been among the surprises of the Exposition.
In the Agricultural building, New York has also made a unique exhibit of apiculture. Here may be found several colonies of bees actively at work and passing in and out of the building to bring their spoil from the flowers of the wooded island, or of the parks and fields far beyond the limits of the Exposition. Here too may be seen the fruit of the labors of the bee from the comb all through the series of its ingenious conversions into articles of food or medicine. As the greatest dairy State in the Union, New York has an exhibit commensurate with the importance of its butter and cheese product, and the nine millions of pounds of its annual wool clip do not lack adequate representation. The native and naturalized trees of this State have never been shown as they are here. It is equal to an education in forestry to study the transverse, radial and tangential sections. of the trees of New York represented by io6 species, and illustrated by photographs and pressed or artificial specimens of leafage, flower 'and fruit. And, if the pre-eminence of New York in the production of fruit and flowers
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has ever been doubted, it will not again be called in question after seeing.^the long procession of her garden, greenhouse and orchard growths, which has unfolded itself here from week to week and month to month. In the scope, beauty and extent of its floral display New York has been admittedly first among the States. It has planted an old-fashioned flower garden and it has made a fine orchid display. From the great bay trees at the main entrances of the Horticultural Build- ing to the aquatic plants in the basin of the fountain, from the fancy beddings which it has kept filled at the side of the building to the roses and rhododendrons on the wooded island. New York is represented every- where that there is foliage or bloom in the beautiful park before us. Of all the fruits grown in this country, save only the semi-tropical kinds, New York has shown a greater number of varieties than any other State, and of grapes and their products it has made a showing worthy of a commonwealth whose grape crop has a higher cash value than that of any other in the Union. Though New York does not rank as a mining State, its mineral products are rich and varied. Its clay alone supplies the raw material for a brick industry worth eight millions and a-half a year. Neither money nor pains has been spared to make an adequate display in the department of mines and mining, and the State has installed in its pavilion here a very fine exhibit of building stones, clays and sands, of limestone and marl, gypsum and brine and rock salt, iron ores, shale, graphite, feldspar, quartz, garnet and talc. The petroleum product of the State is represented as well
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as its world-famous mineral waters. It has erected an obelisk showing the whole series of its geological formations, and it has sent from the State Museum a scientific collection of minerals the result of years of careful selection and of the highest educational value. To the botanical exhibit it has contributed a rare collection of edible and poisonous fungi, and to the zoological exhibit that unique specimen known as the Cohoes mastodon and a collection of the land and fresh water shells and of the mammals of the State. Por the illustration of the aboriginal life of the continent, New York has sent representatives of the six tribes of the Iroquois confederacy with their long house wigwams, canoes and characteristic occupations, customs and ceremonies. The physical contour of the State is shown in the mining building in a superb relief map, and its canal system is delineated on another relief map in the transportation building. In the same section is the illustrative material showing the railroad system of the State in all its ramifications. By land and water New York remains what nature has made it — the gateway of the continent.
One-seventh of the entire space devoted to educa- tional exhibits in the Department of Liberal Arts is occupied by New York. At its entrance hangs a map which indicates the reason of this proud pre-eminence, for on it may be found marked the location and grade of every school and college in the State, figured by dots, which are as the stars of the heaven for multitude. From the kindergarten to the university, the whole scheme of education is represented here. There are
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sj^dmens of the simplest kind of manual training, and examples of the highest forms of intellectual exercise. The school work is classified grade by grade, and shows in successive groups the nature, appliances and results of the system by which' the State pre- serves its ^citizenship from the blight of illiteracy. The growth and development of the school system of the State for the last twenty-five years may be studied in statistical charts, and, from a complete collection of text books to the phonographic repro- duction of musical work, no detail has been omitted by which the world may judge of the value of New York's contribution to the education of the people of the United States. The business colleges of the State make a good showing, and there is a fine collective exhibit of the New York City Art Schools, the Art Students' League and other institutions of similar scope. Conspicuous among the exhibits of schools devoted to manual and technological instruction is that of the Pratt Institute, of Brooklyn, and the unique product known as the Chautauqua system of education is amply and ably illustrated here. There is no older school system in the country than that of New York, and there is no part of its civil organization of which it is more justly proud.
The great work which New York State and its civil subdivisions do for the relief of pauperism, for the care of the insane and the education of the defective classes, has been demonstrated at this Exhibition as it has never been before. The whole range of activity of the charitable, correctional and
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reformatory institutions of the State has been shown in a way which makes the subject clearer than volumes of reports could do. It is the boast of our Christian civilization that it cares for those whom pagan civilization neglected. The private and public beneficence of New York transcends all limitations of sect or creed, and its graphic delineation here may well challenge the attention of the world.
In all the work of woman at the Fair the women of New York have done their full share. They have decorated and furnished the library in the Women's Building ; they have been the largest contributors to its exhibit of works of art, and its collection of articles of historical interest. The trained nurses exhibit was made under the supervision of the New York Board of Women Managers, and the New York cooking school exhibit was organized under their auspices. They have installed one of the most interesting and instructive exhibits of the Fair in a grouping of the results of the education of the women of the Afro-American race. The representatives of the women of New York at the Columbian Exposition have shown in every field of effort which has been open to them their characteristic capacity, enterprise and far-reaching sympathy with all that is best and noblest in human effort.
New York has built two houses at the Fair. One is the palatial structure before us, a fitting representa- tion of the dignity and opulence of the Empire State. The other is a humble structure at the opposite end of the park destined to show how a workingman and his family may be enabled to live with due regard to
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the requirements of sanitation and healthful nutri- ment for five hundred dollars a year. The house in which we stand has been one of the sights of the Fair.' It has been a matter of pride to every New Yorker visiting Jackson Park that the headquarters of his State were so beautiful, so commodious and so popular. He has found here the conveniences of a club, the educating influence of a museum, and the rest and refreshment of a summer villa. The true attitude of the people of New York toward this Expo- sition has nowhere been more fitly represented than in the superb proportions and princely magnificence of this their State house of call. But if this be New York's idea of the regal attire which befits her as a guest at the table of nations, the other edifice — the model workingman's home — is no less typical of her care for the welfare of the lowly and her sense that the qualities which' go to make her great are those which are nourished in the homes of the toilers.
And, for all this and more than I have been able to specify in detail, New York has had her reward. Judged by the most practical standard, the foremost commercial State of the Union could afford to be represented here generously, even lavishly. Her pro- ducers and merchants could not if they would have been swayed by any narrow sectional prejudice, and it would have been foreign to all the history and alien to every great tradition of the State to have left any question about the frank and friendly rivalry with which it sought to enhance the glories of the Columbian Exposition. That has been recognized by
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&-si&i:y visitor to the Fair, and by none more cordi- ally than by this great, progressive and whole-souled ■western people with whose interests our own are so closely bound. Their triumph here has been largely ours, and in their satisfaction with the grand, the world-famous result, we can participate not only with- out jealousy but with the calm assurance that we have done our full share toward rendering it immortal. Had the Fair, as most of us hoped, been held within our own borders, there would have been no grudging, halting co-operation from the west. Carried out as it has been on a scale more splendid and more com- prehensive than we had ever dreamed of, it is a proud satisfaction to be able to say on behalf of New York, " We are in it as no other State is ; we are of it as no other State could be ; we shall come out of it with laurels which will be among the most cherished of our possessions, and the most enduring part of the legacy which the Empire State of to-day will transmit to the remotest posterity."
I cannot close without adding my contribution to the many tributes of respect that have been paid to the memory of the late Donald McNaughton, the chief executive officer of the Board of General Man- agers of the State Exhibit. No man could have worked more assiduously, more laboriously than he did in preparing for an adequate representation of the State at the Columbian Exposition. With every detail of the process he was familiar, and no one can have felt more genuine satisfaction with the result. His whole public career was marked by
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absolute devotion to the interests of those whom he represented, and he brought to the discharge of his . duties, in connection with this Fair, a self-sacrificing conscientiousness which is not so common as to pass without special notice. The State is fortunate which can command the services of such men; the State is great which, out of the ranks of its citizenship, can at all times summon such men to assume public responsibilities. Donald McNaughton was a genuine son of New York, and his pride in his native State was of that noble kind which made him ambitious to add to its historic lustre. The career of such a man is a legacy of which the income never ceases to grow. For the example which he set and the public spirit which he diffused survive him in the lives of those who came within the sphere of his influence, and so, in ever-widening circles, the impulse derived from a good man's life helps the work of regenerating the world. Mr. McNaughton lived long enough to see the fruit of his labors here and died amid the very triumphs which he helped to create. There will be no need to fear about the future of New York while it is served by men so capable, so disinterested and so patriotic as Donald McNaughton.
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NEW YORKERS AT THE WORLD'S FAIR.
Governor Flower's Remarks at the Reception Tendered to him in the New York State Build- ing, Columbian Exposition Grounds, Chicago, BY the Sons of New York in Chicago, September 5, 1893.
Gentlemen :
In my remarks in this building yesterday I did not allude to the most important exhibit which the State of New York has in this great White City. I purposely withheld mention of it for this occasion. This exhibit is not formally a part of the Exposition ; it is not installed in any particular place; it does not come before any jury of awards — but the visitor encounters it all over these grounds. It is visible in the architecture of the best of these beautiful buildings and in the wonderful landscape setting which has helped so much to reveal their beauty. It was prominent in the energy and business ability which made the success of the Exposition assured. It is found in the administration of all the great depart- ments of the Fair. It is represented here to-night in this hospitable home in . numbers and in enthusiasm, and I ask you is there any finer exhibit than the spirit and presence of the Sons of New York?
I did not expect you would answer yes. Everywhere the sons and daughters of the Empire State are leaders. Everywhere in this broad land they reflect credit and praise upon the home of their nativity.
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The energy, ability and progressiveness which have made their native State the first in wealth and intelli- gence and population and material resources have made her sons foremost in building up the civilization and prosperity of every section of the country. This marvelous western metropolis which most of you have made your adopted home is New York's grandchild. New York made possible Chicago's great growth when she opened through her territory the Erie Canal, thereby connected the seaboard with the prairie and provided all-water transportation for the products of the west. The importance of that bold and stupendous achievement in the development of the west cannot be over-estimated. In the States around the shores of the Great Lakes are congregated now fully half the people of the nation. The same waters flow past the borders of eight powerful states, linking them all in one commercial fraternity, with common interests and ambitions. Into this rich and resourceful region — now the busiest and most productive of any similar geograpical extent in the land — New York sent out her sons in great numbers. They have plunged into its industries and business. They have helped build its great cities and create its enormous wealth. They have aided in the establishment of its schools and churches and in all that has conserved to advance its ideals of civilization. You who are here to-day — the Sons of New York in Chicago — know better than I can tell you what hardships were gone through, what obstacles were overcome, but we of the East do know 21
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what victories you have won and what undreamed-of success your efforts have attained. And when we reflect in how large a part are these victories and this success due to the Sons of the Empire State, we are more than ever convinced that the motto of our fore- fathers which is emblazoned on our escutcheon is no empty language but the constant aim and hope of a splendid race wherever they are found — Excelsior !
I need not say we are particularly glad to meet our Chicago relatives to-night. We feel that it is largely owing to your efforts not only that the Columbian Exposition is so great a success but that New York has been able to occupy so prominent a part in it. I am sure I voice the sentiment of the New York managers as well as that of the State officers and the citizens for whom I speak when I give testimony to the uniform courtesy and good will which have marked the attitude of the managers of the Exposition towards our State. We feel that for this kind treatment and consideration we are in no small degree indebted to the Sons of New York in Chicago. It was your loyalty to your native State, your pride in its resources and your love for its pre-eminence, that have smothered all jealousies, smoothed out. all difficulties and enabled New York and its people to be adequately represented in this greatest of International Expositions. As Governor of New York I am glad of this oppor- tunity to thank you on behalf of the State for your splendid services and to meet here personally those who have proved themselves true and noble Sons of the Empire State.
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THE STATE CANALS.
Extract from Governor Flower's remarks at the Lewis County Fair, Lowville, September 13, 1893.
I want to say a word to you to-day about the canals. This is a subject which comes quite directly home to you, and that is the reason I' want to talk to you about it. Lewis county, unlike Jefferson county where I have lived, and unlike many other counties not on the line of the State canals, is supposed to be what is called a canal county and not to cherish the opinion that it would be wiser policy for the State to abandon the Erie canal than to continue lavish appropriations in a vain attempt to promote its usefulness. Such a senti- ment, though not taking so extreme a form, perhaps, has always been more or less manifest in various parts of the State, and has been the cause of sharp divisions at the polls and in the Legislature. To stich an extent has the canal question been prominent in State politics that it has in some quarters been regarded a delicate subject for Executive allusion. But the people have a right to expect frankness and honesty in public officials, and there is no public question which I am afraid to discuss frankly with the intelligent people of this State. Believing as I do in the maintenance of the canals I have no hesitation in saying so even among their opponents. This is a big State and a patriotic people, and if State officials and the people can't exchange ideas on live public topics our style of government
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must be a failure. We are all stockholders in this enterprise of government and it is a good thing to get together now and then and talk matters over.
Sectional opposition to the canals began with the first suggestion for their construction at public expense, and has continued ever since. While the project of building the Erie canal was under discussion in the early part of the century, a member of Assembly from Delaware county declared that such a waterway would ruin the farmers of his locality by enabling western farmers to compete with them, and this cry was taken up by the representatives from the northern and southern counties and by those even from the counties along the Hudson. So great was the opposition that the canal could probably not have been built, had the expense not been provided for by indirect taxation and by assessments on the counties along the proposed route, an assessment of $250,000 being levied on the lands twenty-five miles each side of the canal. The counties off the proposed route could not object on the ground of taxation, for they were not taxed to build the canals, but their great fear then was from western agricultural competition.
This was undoubtedly a short-sighted opposition. The western competition was sure to come sooner or later. It could not be stopped. The western country was opening up and its produce must find an outlet to the seaboard. The question presented was whether that outlet should be through the borders of New York State, or whether the enormous wealth of the west should flow through Canada and down the
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Mississippi. It was a critical time for New York. The future was vividly forecast by DeWitt Clinton when he gave reasons to the Legislature why the Erie canal should be built. "The trade," he said, "will be turned from Montreal and New Orleans, to which places it has begun to flow, agriculture will find a ready sale for its products, manufacturers a vent for their fabrics and commerce a market for its com- modities. It will make New York the greatest commercial city in the world. Villages, towns and cities will line the banks of the canal and the shores of the Hudson from Erie to New York. ' The wilder- ness and solitary places will become glad and the desert will rejoice and blossom as the rose.' It will cheapen the cost of manufactured articles to those residing in the remote portions of the State." Clin- ton's prediction has in great part been realized, and the commercial history of the last seventy-five years has shown quite conclusively that New York would not now be enjoying her commanding place among the States had she failed to seize this opportunity of bringing the agricultural wealth of the continent to her feet. Even her great natural resources would not have insured her supremacy. The Erie canal undoubtedly injured our agriculture by hastening the development of the west, but without the Erie canal the same disastrous competition would have been felt in time and we would not then have had the com- pensating advantages which the canal has given us.
The immediate result of the canals, however, even from the agricultural point of view, was beneficial
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to the farming communities. The improved means of transportation and communication attracted thou- sands of people, and great new areas of agricultural . land were cleared and settled. The population in the counties remote from the canals made rapid increase. In Chautauqua, from 1814 to 1835, it rose from 4,200 to 44,000 ; in Allegany, from 3,800 to 35,000; in St. Lawrence, from 8,200 to 42,000. So popular were the canals immediately after their con- struction that petitions were sent to the Legislature from all parts of the State for additional waterways. Fear of western competition in agriculture is now no longer a reason for opposition to the canals. The farmers of the State recognize that it is much too late to attempt to check that. Even if the Erie canal were filled up, the competition would be as great. The form of the opposition now is an expression against general taxation for the support and improvement of the canals, when the benefits of such an expenditure are not shared by counties remote from the canals. Even were this statement true, advocates of the canals could, with justice, ask for liberal appropriations, for up to the present time the Erie canal has paid to the State more in actual cash than the State has expended for the canal. The balance in favor of the canal was $42,000,000 up to the time tolls were abolished in 1882. Now it is considerably less, but still a credit balance. But the assumption is not true that the benefits of the canals are not shared by all the people in the State. Every dollar added to the valuation of the
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cities directly benefited by the canals increases by so much the wealth of the entire State and decreases the rate of taxation. In 1824, the year before the Erie canal was opened, twenty-five so-called anti-canal counties paid eighteen per cent, of the State taxes. Now, although their aggregate valuation has increased tenfold, they only pay eleven per cent, of the State taxes and most of them get that proportion back in school money. Here is a direct and practical illus- tration of the benefit to the so-called anti-canal counties by the adoption of a broad scheme of public policy. You taxpayers in Lewis county paid a little less than five-tenths of one per cent, of the State taxes in 1 824 ; now you pay less than two-tenths of one per cent. Your saving is nearly two-thirds.
But the canals give direct benefit to all parts of the State otherwise than by adding to the wealth of the counties through which they pass and thereby reducing the taxes elsewhere. They not only regu- late freight rates on most articles coming into the State and consumed by its inhabitants, thereby cheap- ening the cost, but they are powerful regulators of freight rates on internal traffic. This is a fact some- times overlooked. Nearly half the total tonnage of the canals is of so-called way freight — freight taken at different points along the canals between Buffalo and New York — much of which undoubtedly comes to the distributing points from the interior. This consists chiefly of wheat, corn, lumber, coal, rye, oats, potatoes, apples, . etc., — all of which carried last year was valued at upwards of $75,000,000 and weighed
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1,824,000 tons. Probably the saving in freight rates on way freight alone would more than pay the annual expenditures for the canal.
If the canals regulate and cheapen freight on internal commerce within the State, there is more reason than ever before why their maintenance is essential to the agricultural sections of the State. Modern influences are rapidly changing our agricultural con- ditions. We must give up the vain attempt to compete with the west in raising wheat and corn, and devote our energies to those products in which there is a profit to our farmers. There was a time when the State supplied most of the food products which its people consumed. Now it is estimated that the State does not produce more than a quarter of the food products it consumes. We must increase this proportion by changing our crops and our agricultural methods to suit modern conditions. These conditions include rapidly increasing centers of popu- lation — demanding greater and greater quantities and more and more kinds of food which our lands can more easily supply than those of other States. These are the markets our farmers must strive for — six and a half million people to be fed. We will get our flour and corn-meal more cheaply from the west than you can give it to us. But our butter, and milk, and cheese, and fruits, and vegetables and so on, you can supply better and more cheaply than the people of any other State. There is almost unlimited scope for your efforts in this direction. Under these changed conditions farming can be made
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once more a profitable, as it has always been an honorable pursuit. Farm lands will increase in value and farm products will find ready sale. When agri- culture is thus thoroughly adapted to present condi- tions, it will be to the interest of all engaged in that occupation to encourage the development of our cities in wealth and population, so that there may be more mouths to feed and more appetites to satisfy. All that conduces to that end — canals, railways, good roads and other public improvements which promote prosperity — should be encouraged by farmers as well as by the inhabitants of our cities. Not only will they increase the farmers' market, but they will fur- nish him with those improved means of communica- tion which are absolutely essential to the supply of these markets. It is a pleasant prospect to look forward to, when a new life shall have sprung up in our farming communities and a busy, contented rural population shall be profitably engaged in minis- tering 'to the wants of the inhabitants of hundreds of rich towns and cities within our borders — people of all sections brought into close relation with each other by waterways, railroads and good highways, and all employed harmoniously in advancing the Empire State's proud supremacy.
As much now as ever before in her history does the State of New York need the maintenance of substan- tial waterways. The same danger threatens her supremacy now which threatened three-quarters of a century ago and led to the construction of the Erie canal. The opening of that great waterway turned
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the tide of commerce towards our gates. To-day Canada, perceiving the success of that experiment, aspires to contest with us for the traffic of the great lakes, and unless we are alert much of it may be turned from us. We have done too much for the development of the west to sit supinely by and let others reap the best of the rewards. There is no parallel in history to the rapid increase of wealth and population which has marked the progress of the country around the great lakes in less than seventy-five years. In the States upon the shores of the great lakes there are nearly thirty millions of people, almost half the total population of the nation. The industrial and commercial capacity of that produc- tive and populous region is almost unlimited, and the natural pathway of its products is now and must ever be through the great lakes to the east. Rail- roads alone cannot carry all the product of this region ; development would be checked if dependence was alone on the railways. But railways and water- ways together, not antagonistic, but mutually essential, will year by year carry increasing burdens from these treasuries of wealth to the seaboard and take back the products which our industries supply in return. The great wheat fields of the world are located in this region. The most valuable deposits of iron and copper are there, and the mineral wealth of Idaho and Montana are just beyond. The tonnage of commerce which passed through the lakes in 1889 is said to have been ten millions greater than the combined entries and clearances of all the seaports
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of the United States, and three millions greater than the combined entries and clearances of Liverpool and London.
These figures are stupendous, and no wonder Great Britain is reaching out her hands to grasp part of this great traffic. Canada has already spent upwards of $60,000,000 in improving and building canals. She is building a new canal through her territory at the Sault Ste. Marie and is making a clear, fourteen feet channel all the way from Lake Superior through the Welland canal and the St. Lawrence river to the sea. The United States government is deepening the channels through the lakes to twenty feet. It is, therefore, more than ever the interest of New York to develop the carrying trade of the Erie canal so that as large a share as possible of this rich traffic may come through our borders, enriching our State and giving employment to its people.
How shall this be done?
The canals of the State carry now on the average about five million tons a year. This is more than half the tonnage passing through the Suez canal, but it is not more than half the present capacity of our canals. This is in spite of the fact that the boating facilities have been increased by the expen- diture of about $3,000,000 during the last seven years in lengthening the locks so that two boats could pass through the locks at the same time. That improvement, it was supposed, would be a great boon to the canals, but it has not proved so, although all but eleven of the locks which it is feasible to
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enlarge have been remodeled in accordance witli the plan. It has been suggested and is now urged quite strenuously in some quarters that the canals should be deepened and enlarged so as to admit boats of larger burden. That undoubtedly would promote their usefulness, but such an undertaking would be enor- mously expensive and it is a question in my mind whether the results would not be disappointing. The real difficulty, in my judgment, is in the slow means of transit. It is a striking commentary that in this bustling age of progress the same old motive power is still used on the canals that was used in their infancy, mules and horses. Steam is used to some extent, but not with perfect satisfaction. The average speed now attained is two miles an hour, while the canals will stand a speed of four miles an hour. A new motive power which will increase the average rate of speed to the maximum of four miles an hour, will enable boatmen to make twice as many trips during the season, and would double the present tonnage. If the present capacity of the canals was fully employed under such improved conditions of transit, the anntial tonnage would be quadrupled.
In my last annual message to the Legislature I called attention to these facts and suggested the propriety of authorizing experiments with electricity, to ascertain whether that might not offer a solution of the transit problem. The Legislature acted promptly upon the suggestion and made an appropriation for such experiments. The discussion of the subject has aroused considerable interest among electricians and
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arrangements are now being made for various tests along the canals. The outcome will be watched with interest. If electric motors are found to be feasible, a new life of prosperity ought to begin for the Erie canal. There is a fall of water of 569 feet along the Erie canal, from Buffalo to Albany. The waste water from the locks and the numerous water powers along the route offer an unusual opportunity to generate electricity for application to canal-boat pro- pulsion. The cost of transportation will be cheapened greatly, which would mean a greater reduction in freight rates and a larger volume of freight. In addition to all this, which would be of tremendous advantage to the State, the cost of the improvement would be comparatively slight and it probably could be made to pay for itself.
It is easy enough to stir up an apparent popular sentiment in some sections of the State for large canal appropriations. One or two competent secre- taries of commercial organizations can engineer what seems to be a loud demand for improvements costing millions of dollars, and he who ventures to question the methods or the amounts naturally brings upon himself the denunciation and criticism of these boomers. But the duty imposed upon public officers is to find out what improvements are necessary and practical and how they can be most cheaply obtained. This duty those intrusted with the management of the canals are endeavoring conscientiously to perform. I assert with confidence in the truth of my assertion that never were the canals of this State more
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honestly, economically and efficiently managed than they are to-day. The Superintendent of Public Works is a capable, honest and practical man, stubborn and immovable as a rock in -what he thinks is right, and -watchful as a man can be against unnecessary appro- priations of public money. The State Engineer and Surveyor, -whose professional ability and advice are at the command of the Superintendent of Public Works, and -who is charged also -with responsibility for canal management, is equally imbued -with pride and earnestness in the successful and prudent preser- vation of our -waterways. These are the kind of public officers that the people -want — men intent on serving the best interests of the State, but -watchful that every dollar raised by taxation for public purposes shall be honestly and economically expended.
The pre-eminence of our State should be the con- stant aim of every public officer and every private citizen. No narro-w-minded or selfish public policy should find a place in administration or advocacy among the people. Our energies should be harmoni- ously employed in building up our State's prosperity on a broad and substantial basis. But he is an enemy of the State's prosperity and untrue to his fello-w-citizens -who -would encourage extravagance or unnecessary appropriations in the name of the public -welfare.
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PANICS.
Extract from Governor Flower's Remarks at Cortland County Fair, at Cortland, September 14, 1893.
Our country is just recovering from a very severe panic. Banks have failed, mills have closed, thousands of men have been thro-wn out of employment, for- tunes have been swept away and business everywhere has become exceedingly depressed — all in the space of a few short months. Why? That is not so easy to answer. Everything seemed fairly prosperous before the panic began, except for financial troubles in Europe which had some effect on the sale of American securities. It is comparatively easy to trace the specific causes for each failure, and a large number of failures would easily explain depression in business. But the conditions which make failures numerous are more easily described than explained. It is a con- dition of fright, but what produces the fright is every man's guess.
The whole thing is more easily understood when we reflect how business is done in these days. Sixty-four millions of people in this country are every day trading with each other and with the people of other countries. There is in the country about $1,600,000,000 of money, or twenty-five dollars for each man, woman and child. When you consider the magnitude of exchanges which occur every day among these 64,000,000 people, you will see in an
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instant that there would not begin to be enough money in the country to answer the purposes of these exchanges if every trade was on a cash basis. Exchanges go on faster than we could hand over the money if we had it. So we have gradually come to do without the actual transfer of money in every transaction. We use checks and drafts and bills of exchange and other substitutes for cash, so that now, with our net work system of banks connecting all parts of the country, it is estimated that over ninety per cent of all our trades or transactions is done without the use of actual money — that is, it is done on faith that the actual money exists, is sound, and can be had if anybody wants it in place of the credit paper.
You observe in the first place what an intricate and extensive structure of credit we have built up — how like a house of straw it is — how if weakened in one part the whole structure is likely to topple and fall. And you see in the second place how necessary it is that this great structure of credit should have a very substantial basis of actual money as its foundation ; how if that foundation becomes unsound or too narrow the whole superstructure trembles and threatens to tumble. So this straw house of credit may be set to shaking in two ways — either from influences above the ground, such as bad banking, loose business methods, dishonesty, excessive competition, over speculation or from some influence below the ground affecting the foundation, such as unsound money or too little money to support so
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large a structure of credit. To whichever cause lack of confidence may be attributable the effect is the same — a shattering of credits, a shrinkage in the volume of business, a hoarding of money, so that when we get down on the ground floor each will get hold of as large a part of the solid foundation as he can lay his hands on. Of course such a scramble means disaster and ruin for all who are not strongest or most fortunate.
Let me give you an illustration of how such a panic may start. Somebody starts a rumor that a large bank in Wall street is insolvent. It holds millions of dollars of other people's money, deposited subject to the depositor's orders. Each depositor hearing the rumor rushes to the bank to get his money. The bank pays out the cash it has on hand ; it draws in and pays out to the hungry depositors all their money which it has loaned and is able to get back on short notice ; then, having paid out all the cash it has or can collect, and not yet having satisfied the . demands of its depositors, it is forced to suspend. The fright of the depositors, the sus- pension and the withdrawal of money from circulation excite alarm in other quarters. Other banks, not knowing when similar runs may be made upon them, restrict their loans and increase their reserves. The restriction of loans curtails business, checks new enterprises and produces financial embarrassments. These effects in turn create wider alarm- -until finally it extends over the entire country and the straw-house of credit is almost a mass of ruins.
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A panic may start in another way. The sound- ness of the currency may be assailed, whether justly or unjustly makes no difference, if the popular con- fidence in it is shaken. This causes the worst kind of panic, for it affects the very foundation of our credit-house, and confidence can only be restored by convincing the people that every dollar is as good as any other dollar, and that the entire foundation will be maintained in sound condition for the support of its superstructure.
Whether the present panic — the present shaking up of our straw-house of credit ■ — was due to causes from above affecting the superstructure directly, or to causes below affecting the foundation directly and the superstructure indirectly, there is a difference of opinion. Probably it was a combination of both causes. At any rate, the straw-house has received a very severe shaking, and it will need a strong revival of faith to restore it to its old condition.
It is hard to see, under our system of business, how panics can be avoided. They are sure to come every few years. The period of plenty and pros- perity is certain to be followed by the period of want and misery. The best we can do is to encourage, sound business, sound banking and sound money. Honesty, economy and conservatism are qualities possessed in large degree by our business men, but they must be ever present ideals if we are to have sound business. Our bankers possess enormous power for good or evil and this imposes enormous responsi- bility. Panics are things they should and do most
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dread and guard against. But in panics they can and do render noble services. That is a time for bravery and the exhibition of a prudent unselfishness, and, as a class, they have well discharged their duty to the public during these recent troublous times. But the banks must ever realize the important part ■which they form in this superstructure of credit — they are really the rafters which hold together this house of straw — and they must never set aside honest and conservative methods.
More important than all, however, in the avoidance of panics, is a sound currency. Every dollar must be sound, and there must be enough of them. So large a superstructure of credit must have an ample foundation. No matter whether it is all needed in ordinary times or not, it must be there when we want it. No nation ever suffered from having too much good money. Many a nation has suffered from too much poor money, and many a nation has suffered from not enough good money. So let us not fear inflation if the money is all sound. We need a large volume of currency in this country both as a medium of exchange and as a measure of value. So rapidly are our transactions increasing that there is required a large increase each year in our circulating medium, and so enormous is the amount of our deferred payments and so important a part do they play in our commercial and industrial prosperity, that there must be no conscious tampering with the standard measure of value. The volume of money which forms that measure of value must increase relatively with the increase of business and trade.
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As to what constitutes the best money there are honest differences of opinion in this country, as elsewhere. We must learn charity in discussions of finance as in all other things. I do not believe there is any considerable body of people in any part of these United States who would have anything but an honest dollar. Such a person would justly be held up to scorn in this great country. So I deprecate the sectional feeling which recent financial discussion has aroused over the money question. I have served too long in Congress with men from the south and west to suspect for an instant their honesty of purpose in advocating their financial views. Some of them I know have made the subject .of finance a profound study, and they are quite as likely to be right as those who combat their views. At any rate, let us all start out in this discussion as true Americans, giving every man the credit of desiring what is best for his country's interests, and striving earnestly together to reach the wisest conclusion.
I am glad to be able to speak of the panic of 1 893 as a panic which has now practically disappeared. We cannot lose confidence for any great length of time, in this country. Already confidence is largely restored and the people are anxious to set the wheels of industry in motion again at the old pace. Before six months have rolled around we shall begin to wonder why we got frightened.
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FARMERS AND FISH CULTURE.
Extract from Governor Flower's remarks at THE Washington County Fair, at Sandy Hill, September 15, 1893.
I doubt if many of you know what an important work is being done for the public interests of the State in the matter of fish propagation. This is a comparatively new feature of State effort, but it is beginning to assume considerable proportions. Our State Fish Commission was established somewhat more than ten years ago. I presume it owed its existence to the sportsmen, who wanted to see our lakes and streams stocked with fish and the game . laws care- fully enforced. If that was the principal object of its creation we owe a good deal to our sportsmen, for the Fish Commission has done much to preserve the fine old sport of fishing from going to decay by the exhaustion of fish from our waters. To-day, thanks to our sportsmen and the Fish Commission, our waters and streams are alive with good fish, and public officers and game associations are working hard to Qompel observance of the laws which have been passed to protect our fish.
But our State Fish Commission is not devoting its whole time to subserving sportsmen's interests ; it is engaged in still more important work. There would not be justification for much of its expenditure of State money if it were merely an adjunct of sportsmen's associations — stocking private preserves
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and promoting solely the cultivation of game fish. That would confine its usefulness to comparatively a small part of the population. But its chief work now is to encourage the propagation of food-fish in all available streams and waters, so tha;t all the people of the State may be direct participants in the benefits to be gained. This is conspicuously laudable work and when it is generally understood will receive the popular encouragement which it deserves.
We have been so accustomed to regard land as the great source of food that we have ignored the enormous possibilities of water as a food-supplier. Our fifteen hundred square miles of water surface in New York State have never been regarded as a particularly important part of our territory, measured merely by the extent to which they could be utilized in feeding our population. But we are beginning to pay more attention to our water areas now. Naturalists have told us with what wonderful rapidity fish multiply under favorable conditions, and science is showing us how much artificial effort may do in encouraging propagation. We are beginning to see that these 1,500 miles of water area may be turned into profitable and abundant sources of food supply, and it is the encouragement of this enterprise that forms the principal task of our Fish Commission, and is now the principal reason for its existence.
Already a great deal has been done in this direction. Since 1887 the culture of oysters in the waters of Long Island Sound has grown into a thriving and profitable industry, employing now nearly 10,000 men
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and representing a value of $1,500,000 in the oyster beds. About 400,000 acres of water area in the sound are available for oyster culture and as yet hardly a tenth of them has been leased for this purpose. The extent of the industry when fully established may thus be imagined. It should become a considerable source of wealth to the State, besides furnishing an edible article of diet at small cost.
In fresh waters the effort has been to cultivate such fish as are most desirable for general use as a cheap and palatable food. Ten million white fish are to be placed in Lake Ontario this season, in the attempt to make that body of water abound in this delicious fish. To succeed in this effort would be to supply an occupation for thousands of fishermen and to bring within the reach of nearly every household in the State an article of food which they now rarely see, and at half the cost which it is to them now.
The Hudson river is being stocked with shad and salmon. For the first time in fifty years salmon are now in the river above Troy. They have been caught in the last two years nearly opposite where we are to day. They are by no means numerous yet, but by diligent perseverance in stocking and in building fish- ways around the dams there would seem to be no reason why our noble river might not hold millions of this magnificent fish.
Besides these efforts, the Fish Commission has been sending millions of other fish to the lakes and streams. Lake trout, brook trout, muskallonge, bass, perch and pike have gone from the State fish-hatcheries to
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populate the waters for whicli they are best adapted. At the present rate of progress fish will in a few years be one of the commonest, best and cheapest foods we can select for our tables.
I call your attention to these facts because it seems to me that they suggest a good opportunity for the farmer to improve his condition in certain respects. How many idle ponds and streams lie in our farms which might be made to yield a revenue by the supply of nutritious food fish ! Not every farmer is so well situated that he can turn fisherman at intervals, but through many a farmer's lands there runs a cold stream which might be utilized in a dozen profitable trout ponds. On many another farm there are water courses which could be made a prolific source of other kinds of fish. No person can drive far through the country without seeing niany a golden opportunity slipping through the farmer's hands by his failure to utilize to their best advantage these kind gifts of nature. I am told that in this county of Washington, not including those portions of the county which comprise parts of the Hudson river and Lake Cham- plain, there are 10,000 acres of water area. This is in lakes, in ponds, in streams almost any part of which could be made to minister to the food supply of your tables. All that is necessary is intelligent stocking and care and the bureau of your State government, to which I have alluded, will furnish you with both advice and fish. The cost of maintaining a supply of fish in streams or ponds, after they are once successfully stocked is comparatively slight. I have seen many a
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spring brook running through a farm and used only for watering stock which, devoted to trout culture, might be worth hundre4s of dollars a year to the owner. The profit of that little stream might be greater than twenty or thirty acres of land.
It is these little economies and chances for profit which our farmers particularly are obliged to look out for, for theirs is a peculiarly hard struggle just now when agricultural conditions are changing and they have not yet reconciled themselves to the changes. Every source of profit on a farm must be utilized. If fish culture is practicable it should not be overlooked, and I venture to say. you will find it' more profitable than growing wheat at seventy-five cents a bushel.
THE ARMY OF THE UNEMPLOYED.
Governor Flower's Remarks at the State Fair, Syracuse, September i6, 1893.
Surrounded by the best products of the harvest season as we are to-day, revealing an abundance of nature's bounty, it is hard to realize that in other parts of our State men and women, deprived of work, see destitution and misery confronting them if industrial and com- mercial conditions do not speedily change. That is one of the results of our recent panic. Its effects on the rich are bad enough ; many a rich or well-to-do family has in an instant had all its property swept away, and hands unused to toil have had to begin life's striiggle over again against tremendous obstacles. But sad and
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Startling as these effects are, they have occurred merely in individual cases, and are not to be compared in the extent of the misery which they bring to the effects upon the thousands of persons who have been thrown out of employment and deprived of the wages which yield them their daily bread and clothing and shelter. How vast this army of unemployed is nobody can accurately estimate. Every day, thank heaven, it is growing less. Every day's news brings reports of mills reopening and work resumed. Such depression as has characterized business during the last two months cannot continue long. There is work for everybody to do in this busy country under normal conditions, and the American people are too energetic to remain long under the influence of commercial fright or disaster.
But while it lasts such industrial conditions bring much suffering. Those of you who pursue the quieter occupation of agriculture, remote from the great cities, do not feel its effects so keenly, but in the great centers of population, where the support of thousands depends upon their daily wages, even temporary loss of work means intense affliction. The present destitu- tion seems to be particularly severe in the city of New York, not among the workers in all trades, but conspicuously among those in a few, including the manufacture of clothing.
What to do in this emergency is a serious question. From the labor organizations in New York has come an appeal to municipal, State and federal authorities to begin great public works, so that the unemployed
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may find something to do. Such a communication came to me, but unfortunately for its prompt response it was addressed to me at Watertown, remained unopened there a week, while I was in the Adirondacks, and finally was sent on to me at Albany and was there answered immediately. To my surprise I find that the committee of workingmen, to whom my reply was addressed, have reported to their fellow-workers that my "letter is an evasion of the issue." "While the great population of this Empire State is plunged into unprecedented disaster," says this report, " the Governor is gracious enough to make the urgency of the situation secondary to his inspection of fairs. While tens of thousands of homes are suffering untold misery and many thousands of able-bodied, unem- ployed people are on the verge of starvation, with this condition staring us in the face and winter near our door, we are told by the Chief Executive of the State to wait another month before he can meet yoiir com- mittee to discuss with them means of relief."
It is necessary, perhaps, and always will be, that public officers should be subject to misrepresentation, but it was a surprise to me that men whom I have been proud to call my friends, and men whose efforts to raise the standard and condition of labor have always shared my warmest sympathies, from the time that I drove a pair of oxen around a brick yard to earn money enough to go to school, should accuse me of evading "the issue," or of making light of their request. There is no issue in public or private life I am afraid to face, and there is no serious request from
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any citizen of this State I would treat otherwise than with respect. The letter which I received from Mr. Gompers, on behalf of the committee, was of itself an intimation that I should not commit myself on the merits of the request which they proposed making until they had had the opportunity of present- ing their views. " It is not our purpose in this letter to urge the reasons for this step," said Mr. Gompers, in his letter, " but merely to request you to state a time when the committee may have an opportunity of nieeting you in the city of New York, so that the ground upon which our request is based may be presented to you for your favorable consideration and action." The unmistakable inference from this was that the committee did not wish me to prejudge the case until I had heard their views, and inasmuch as my official engagements previously formed would not permit me to go to New York in some time, I suggested to them that they communicate their views by letter and assured them that the communication would receive prompt consideration. To this letter I have received no reply and I am still without information of the suggestions which it was their intention to submit. But I read in the newspapers that the inten- tion of the Governor and Legislature is to be "forced" by a public demonstration of workingmen.
There is at least one member of the committee appointed to arrange for this public meeting, who knows whether the Governor of this State needs to have his attention " forced " upon any matter that concerns the interest of honest labor. It is something
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more than a year ago that there was presented to me an application for the pardon of a young man who had been convicted of extortion tinder the laws of this State, and whose conviction had been sustained by the highest court. I listened intently to the story which this young man's friends told of the crime — if such it could be called — how as a condition of the settlement of a strike of cloakmakers he had insisted upon and obtained from the employers $ioo. For his own use? No. But to feed the starving employees who had been without work. I heard the pathetic story of his unselfish efforts among his fellow-men, how at the sacrifice of his own health and comfort he carried food to the hungry and m.edicine to the sick, how his deeds of kindness and words of cheer brightened many a household, and I said to myself, here is a hero, not a criminal ! Technically, though I believe ignorantly, he was guilty of a violation of law ; but morally he deserved to be enrolled among public benefactors, and I thought the proudest thing I could do in my career as Governor was to make Joseph Barondess a free man. But this is not all. Before Joseph Barondess was pardoned the work of improving the condition of his fellow-men in which he was engaged won the recogni- tion and sympathy of State officers and the State Legislature, and one of the most humane acts of the law-making body was that which I had the pleasure of signing last year to abolish the so-called " sweating " system. Human slavery was not worse in its effects than this barbarous method of employment in which
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60,000 people in New York city found a meagre livelihood — men and women crowded together in foul rooms, breathing a poisonous atmosphere, and working at the peril of their lives at starvation wages for fifteen and twenty hours a day. No better law was ever put on the statute books than that, and if it does not accomplish its purpose, or if it is not rigidly enforced, I want to know it, and all the power of the Executive will be exerted to make its provisions and enforcement right.
No greater mistake could be made than to imagine a lack of sympathy between the men who are charged with administering the government of this State and making its laws, and the noble army of workers who honor us with their suffrages. What is their interest is ours. Most of us have toiled for our daily bread as they toil, and no part of our lives gives us greater pride in the retrospect than that in which we literally earned our bread by the sweat of our brows. My proudest recollection is that I was a member of the first labor organization created in this State. I have become well acquainted with the law-making body of this State during the last two years, and I don't believe there is a legislative body anywhere in the world more in sympathy with the interests of labor and more will- ing to enact all just measures designed to elevate and improve the condition of working men and women.
But there is a limit beyond which law-makers and administrative officers cannot go. That limit is the line prescribed by the nature of our government and the character of our American institutions. In this
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country firm lines separate our political ideas from those of European countries. In America the people support the government ; it is not the province of the government to support the people. Once recognize the principle that the government must supply public work for the unemployed, and there -will be no end of official paternalism. The security of Democratic government is its purity and simplicity. Break down those safe-guards, and you invite corruption, socialism and anarchy. From foreign lands, where paternal governments have brought untold misery upon the people, thousands of persons have fled to this free land where the well-spring of our political ideals is that that government governs best which governs least. To cherish and preserve intact and uncorrupted this vital political principle is a duty and responsibility imposed upon all citizens and all public officers. To allow it to be ignored or abandoned will entail more evils and distress than any temporary afflictions to which that abandonment is due.
If the Legislature should be called into extraordinary session to authorize public works solely for the relief of the unemployed, not only would it be the establish- ment of a dangerous precedent for the future, justifying paternal legislation of all kinds and encouraging prodigal extravagance, but there would be practical difficulties in the way of enacting such measures and still greater difficulties in making them accomplish the ends sought. What public works would be authorized ? Where would they be located? What should they cost? Those are questions which any one familiar
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with, legislation knows are large apples of discord. They would lead to log-rolling and combinations, which would mean excessive and unnecessary appro- priations and consequently increased burdens upon taxpayers, industries, and rent-payers. A Legislature convened for the avowed purpose of creating schemes and levying taxation for the promotion of public works, merely to give employment to perhaps one hundredth of the population, would mean a raid on the treasury such as our State has never seen in its most extravagant days, and such "a raid, I dare say, as all classes of people would never wish to See again. Who would pay for it ? The taxpayers. But wbo are the taxpayers ? Not the rich alone, nor in small part. They do not pay as much taxes as the poor, propor- tionately to their wealth, owing to our defective system of taxation. So the burden must fall chiefly on the poor, or well-to-do, and not on personal property, for most of that evades taxation, but upon real estate. So the owners of real estate must bear the burden, and half of it in valuation is located in the cities of New York and Brooklyn and consists largely of residences and tenements where people live and pay rents, and is there any tenant in any house or room, however humble, who does not know that when the State imposes these heavy taxes upon real estate, he will pay them in increased rent and not the landlord and owner? Where, then, will be the benefit of this new enterprise of government? Who will pay the greater part of it but the tenement house population of New York and Brooklyn?
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Moreover any work projected by the State must of necessity be construction work, not the manufacture of cloaks or garments., and I am told that only a small percentage of the present unemployed could avail themselves of the opportunity for employment on State works if they were projected.
Better than to start such an expensive and impracti- cable experiment would be to raise money by taxation for intelligent distribution during periods of want.
So far - as public works are already authorized by statute, however, it would be a public wrong, while thousands of men are out of work, not to expedite them by beginning or hastening construction. I rejoice to say that our State officials have been prompt to appreciate this duty and every possible contract has recently been let so that work might begin. Eleven hundred men are now employed in the con- struction of the new capitol and hundreds of others are employed in building hospitals, schools and armories and in improving canals and waterways.
But there is a better, more natural and more health- ful way to solve these difficulties than by dependence upon government. The duty of the State is one thing, and the duty of society is another. The responsibilities of the State are limited and easily defined. But the responsibilities of society are diffused and broad. They are shared equally by all the members of society, and their scope comprises all human wants and misfortunes and miseries. There never has been a time in the history of our country
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when distress, or trouble, or destitution, once known, has not appealed to the generous instincts of our people and met a prompt response from their hearts and their purses. Villages and cities have been swept by flood, or fire, or wind, and their inhabitants rendered homeless and foodless, but from thousands of generous homes have raiment and food and money gone out to those in distress. I cannot believe that the destitution now said to exist in New York will be long unheeded by those able to relieve it. No city in the world has better organized charities. No city in the world has more generous citizens. I do not need to appeal to them to come to the front in this emergency. Let the facts be brought home to their attention and not one hungry household should exist in all New York. Such a manifestation of human sympathy and fraternity is the strongest pillar of government. It makes the whole world akin. Encourage that and you have gained more than temporary comfort for the afflicted ; you have cemented ties of co-operation and helpfulness that are the surest safe-guards of society. Neither wealth, nor poverty, nor prosperity, nor distress, should be barriers to mutual good will and trust. The path to the social millennium is not through fiats of governments but through the general recognition of individual obligation in society. Let us all then as individuals sharing mutual responsibilities do what we can in our own sphere and according to our own means to relieve present distress and bring about that happy condition of affairs when every man can find reasonable employment and competent wages.
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LEGISLATURE AND FARMERS.
Governor Flower's Remarks at the Orange County Fair, Warwick, N. Y., September 20, 1893.
The Legislature did a great thing for the farmers of this State last spring when it created a department of agriculture in connection with the State govern- ment. The bill provoked some opposition in certain circles and was criticised as a political measure, but my official acquaintance with the opposition to the bill convinced me that if there had been more com- missionerships of agriculture to go round there would have been less opposition to the measure. Human nature is pretty much the same everywhere, so I suppose I ought not to have been surprised to find that the men who raised the loudest objections to the bill when it was before the Legislature were among the first to file applications for appointment with me when the bill had become a law.
I never have had any doubt that a department of aigriculture, propei-ly conducted, might be of great use in developing the occupation of agriculture in the State. The reasons for such a separate department were given ^ me in my last annual message to the Legislature. I pointed out that the State was expend- ing about $300,000 a year for agricultural purposes without any well-defined idea, and without the' best practical results. Appropriations of this sort had become largely a matter of legislative log-rolling. The legislation was of a random and heterogeneous
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character. Most of the money appropriated was expended by various associations only indirectly con- nected with the government. There was a fine opportunity for waste and extravagance. All the con- stitutional departments of State government together didn't cost so much to maintain as the total amount of these miscellaneous appropriations for agriculture. The State's energies and efforts were spasmodic and scattered, and consequently of no practical or substan- tial benefit to the farmer. My observation convinced me that the establishment of a comprehensive depart- ment of agriculture, consolidating under one executive head the various bureaus and agencies then existing, would enable the State to adopt and carry out a definite and intelligent policy of agricultural encouragement.
The enactment of the law has started this work of encouragement. The law is by no means perfect and the powers of the Commissioner of Agriculture are as yet quite limited, but the department once established will, it is hoped, demonstrate clearly its claim to public confidence and gradually have its field of- usefulness expanded. The chief features of the new law are that it groups all existing agricultural- efforts around the Department of Agriculture, and gives the commissioner certain powers of supervision and direction. Tlie department is as yet not authorized to promote the encouragement of any lines of agriculture not hereto- fore recognized by statute, but such authority can gradually be extended. The Commissioner of Agri- culture is charged with the same responsibility .for
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preserving the purity and elevating the standard of dairy products as was formerly imposed on the Dairy Commissioner. In short, he takes the_ place of the Dairy Commissioner. He is also charged with the inspection: of vinegar, the suppression of contagious and infectious diseases in cattle and the prevention of diseases among bees and among fruit trees. All agricultural societies receiving moneys from the State, the State Experiment Station and the State Meteoro- logical Bureau are obliged to make to him annual reports.
The importance of the office has been manifested quite clearly during the past summer, in connection with the dairy exhibit of New York at the World's Fair. Without some central executive head to stimu- late interest and make arrangements for the transporta- tion and proper exhibit of butter and cheese from various parts of the State from month to month, the State of New York could not have taken the principal awards each month as she has thus far. But every month our exhibitors are encouraged to their best efforts and offered every necessary facility, with the splendid result that New York cheese and butter lead all the rest. Canada, which won the awards of excellence at the Centennial Exposition, does not dare enter the monthly competition at Chicago against New York.
That is one of the advantages of our new State department and the. world-wide fame which this summer's work has given to New York butter and cheese is worth hundreds of thousands of dollars to New York, farmers. The value of our annual products
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of the dairy now amounts up above $60,000,000 — an enormous industry, as big as all the silver ' product of the United States.
What we have done for the intelligent promotion of dairy agriculture we can do for other kinds of farming. Whenever I have an opportunity among farmers I beg them to break away from the old traditions and customs of farming and adapt themselves to new con- ditions, which demand new crops and new agricultural methods. Their great object should be to gratify the expensive tastes and wants of our six and a-half millions of people. That is more profitable than a vain attempt to compete with western farmers in raising wheat and corn. The cultivation of wheat yields about fifteen dollars an acre in this State on the average, and that of corn about eighteen dollars an acre. How much more profit there is in raising,, sweet corn for canning purposes at $50 an acr6, asparagus at $180 an acre, beets at $150, celery at $200, cabbage at $130, water-melons at $80, musk- melons at $150, peas at %6'j, sweet potatoes at $75, tomatoes at $165, grapes at $122, peaches at $150, straw- berries at $300, currants at $120, and so on indefi- nitely, or in using farms for making choice dairy products to sell at fancy prices, breeding good horses, or raising poultry, the consumption of whose products is increasing faster than the consumption of wheat and corn and the value of whose product in the entire country is greater than that of the wheat crop.
But in this adaptation to new methods and demands the farmers need stimulus, and intelligent direction.
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These can be supplied in no better way than by- giving force and system to the various energies which the State is from time to time putting forth. The cost is slight compared with the benefits. A depart- ment of agriculture was urged in the interest of economy as well as of agriculture. It can be useful in checking extravagant or unnecessary appropriations. Better than all, however, it can be of great practical good to farmers and thus directly to the State, for the persons engaged in agriculture or dependent on it for their living comprise one-fourth of our population, and prosperity is of vital interest to the whole State. I hope our farmers will take a live interest in the workings of this new department devoted to their occupation and endeavor to make it fulfill satisfactorily the purpose it is intended to fulfill.
GOOD ROADS.
Extract from Governor Flower's Remarks at the Orleans' County Fair, Albion, N. Y., September 21, 1893.
Whenever I am among farmers I try to impress them with the importance of good highways. I do not believe any public movement in this State has the promise in it of so much material benefit to the people generally and to the agricultural interests particularly as the good roads movement. It appeals to common sense and to sentiment. It enlists all
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classes of people, but strange to say it makes the least headway among those who would be the largest recipients of its benefits — I mean the farmers.
I cannot help thinking that it is the question of cost which frightens the farmer when he begins considering the subject of good roads. It is too true that many of our farmers are reduced to that condition where the paying of an extra dollar of taxation is harder than having a tooth extracted. But the average farmer is too sensible a man to complain of taxation if the results are going to put more money in his pocket and make his life more comfortable ; and it may take some time to prove conclusively to him that this is exactly what good roads will do ; but when he is convinced, he will be one of the most earnest agitators in the movement.
It has been shown by many statistics and various calculations that good roads are cheaper than bad roads. I tried to show in my annual message to the Legislature last January that the counties of the State now expend in actual money and in day's labor, valued at one dollar a day for each man, about $3,000,000 a year upon their roads, exclusive of the time and money spent on road and street improve- ment in villages and cities. This is an average of $50,000 for each county. That amount of money scientifically expended each year would build over seven miles of good macadam road at a cost of $7,000 per mile. Or if the county preferred to build roads faster, this annual expenditure would pay the interest and provide a small amount for the sinking
PUBLIC PAPERS OF GOVERNOR FLOWER. 361
fund on an issue of bonds sufficient to construct over 140 miles of macadam roads. I venture to say there is not a county in this State which, if it would bond itself for a million dollars and invest the money in the scientific construction of highways, would not in five years have increased the valuation of its real estate twice the amount of the investment. But that would be only a small part of the gain. The greater part would be in the saving of wagon transporta- tion— a saving in vehicles, a saving in horses, a saving in time, a saving in labor, a saving in risks, a saving in markets.
Every farmer knows that bad roads sometimes keep him from town when prices of grain are high and thereby cost him a good profit. Every farmer knows how long it takes him to travel over bad roads. Every farmer knows how much larger a load his team would pull if the roads were hard and smooth. Every farmer knows what a considerable item in his annual expenses is the repair of wagons and harness, whose strength and safety have been crippled by bad roads. Every farmer knows how much more it costs to keep three or four horses instead of one or two as he might with equal service with a system of good roads. Every farmer knows that his farm would increase in value if, by good highways, it could be brought into speedy communication with village or city. All these things our farmers know when they think of them, and they know that the sum of these pecuniary advantages in favor of good roads would vastly outweigh the cost of procuring them.
3^2 PUBLIC PAPERS OF GOVERNOR FLOWER.
But in spite of these advantages wliich I have seen or heard no man deny, and the demonstration of which is easy, good roads are slow in coming, and we cling to our old-fashioned habit of once or twice a year plowing up the sides of a highway into the middle and calling that road improvement. We have reached a stage of development in this State where a net-work of smooth highways is absolutely necessary for future progress. Our cities are becoming so big and require so much food that our farms must be brought into close contact with them or the farms of other States, which have good roads or better railroad facilities in the agricultural regions, will usurp our markets. There was a day when for the development of our State we built canals and all parts of the State clamored for their construction. There was another day when we built railways in order to connect one center of population more closely with another, and towns and counties, appreciating their advantage, hastened to bond themselves for large amounts to secure their construction. To-day we have reached another stage in the progress of transportation. Canals and railways having been established wherever practicable and profitable, we need improved means of communication between them and the farms. To the residents of the farms, to the merchants in the towns, to the canals, to the railroads, to the large army of employees, to the consumers in the cities, in short to all interests and citizens the close communication of farm and city is most desirable from business and commercial reasons alone. Good highways not only stimulate rapid
PUBLIC PAPERS OF GOVERNOR FLOWER. 363
exchanges of products and closer communication of people, but they attract to the country tens of thousands of our own citizens and thousands of those from other States, who love nature and find her greatest charms within the varied territory of the Empire State.
I could give another reason why good roads are essential. This is an age of wonderful inventions. What is more likely than that the next wonderful step will be the perfection of automatic vehicles which will do away with beasts of burden altogether? We have already such a vehicle for men and women in the bicycle and tricycle ; it is not unreasonable to expect that much more will be accomplished. When this hope is realized the essential condition for the use of such machines must be smooth roads, and the region of country which has them -will reap the greatest benefit from this labor-saving and time-saving' invention.
To-day there exists in the statutes of the State a law which will enable any county to take the practical steps towards highway improvement. It was enacted by the Legislature last winter in pursuance of the recommendation of my annual message. It is simple and optional. If taken advantage of it may be effective and satisfactory. If generally followed it will give the State a fine system of highways at county expense. Let me explain to you its provisions and how you may take advantage of them in this county. It provides in the first place that your board of supervisors, by at least a majority vote, may formally adopt the county road system, and shall then designate as county roads such highways as
364 PUBLIC PAPERS OF GOVERNOR FLOWEH.
they may deem best for this purpose outside the limits of incorporated villages or cities. The intention of the law is that so far as possible these designated county roads shall be the leading market roads of the county. Thereafter the expense of rebuilding or maintaining these county roads is to be a county charge, and the necessary amount of money for this purpose is to be appropriated each year by the board of supervisors. It may be little or much, according to their judgment, or the wishes of their constituents. All the repairs or improvements thus authorized are to be done' under the supervision of a competent county engineer, whose appointment by the board is provided for. The idea of such an officer is to secure intelligent road building under the direction of a scientific expert. The engineer and the board of supervisors are to have sole jurisdiction over these county highways, and the local highway commissioners are to have their own powers restricted to this extent. Obviously, if public sentiment in any county favors improved highways, that sentiment should express itself through the board of supervisors. Here is local option to perfection. But it was felt that the policy of appropriating money each year, with consequent uncertainties of action or lack of assurance of con- tinuance, was a kind of hand-to-mouth arrangement which would not give much satisfaction and would not result in any permanent system of highway improvement. So it was provided in the law that any board of supervisors might borrow money and issue the bonds of the county therefor, in order to
PUBLIC PAPERS OF GOVERNOR FLOWER. 365
provide the necessary funds for building highways in a comprehensive and systematic way. Such bonds are not to run for more than twenty years and are not to bear interest at a higher rate than five per cent.
The effect of such permission is to enable any county at once to undertake a comprehensive scheme of road improvement and distribute the expense thereof equitably through a series of years. The cost would not fall on present taxpayers alone but on the taxpayers through the succeeding generation, who would be the chief beneficiaries. Probably the increased valuation given by highway improvement to the property would in much less time pay for the improvement.
In Orleans county you have 405 square miles of territory. How many miles of highway you have I do not know, but I venture to say that it would not require more than sixty miles of highway to connect the county seat, Albion, with every town in the county. Now, what would it cost your county, to construct sixty miles of the best macadam roads connecting, every township with Albion ? You, with your famil- iarity with the topographical conditions here, can answer that question better than I, but conservative engineers place the average cost of first construction 'of good macadam roads at $7,000 a mile. I should think it would be less than that in this county, judging from your soil and the accessibility of . stone quarries, but we will call it $7,000 a mile, or $420,000 for sixty miles. Should you bond your county for this
366 PUBLIC PAPERS OF GOVERNOR FLOWER.
amount the interest charge at four per cent, would be $16,800 a year, or if you paid off one-twentieth of the bonds each year in addition, the total cost of this issue of bonds would be, the first year, something over $37,000, which would mean a tax of about two and one-half mills on each dollar of valuation. The interest charge would decrease by nearly a thousand dollars a year until the whole debt was paid off. Now, according to returns which your town clerks furnished me you already pay about $30,000 a year on your county roads, including the days' work as <valued at a dollar a day for each man. Are your present results satisfactory, or would it not be more economical to change your system and build good roads at county expense for all time ?
In my own opinion there is but one answer to this question. Good, substantial roads leading out to the rural towns from the principal business community in each county cannot help stimulating business in that community and developing the country round about it. They greatly shorten the distance between the farthest points and bring all citizens into closer communication. They are as advantageous in elevating the social and intellectual life of the rural population as they are in improving its material condition.
In order to stimulate interest in road improvement the Legislature did not stop with enacting the law I have described to you. It also extended the terms of supervisors from one to two years, in order that a board of supervisors disposed towards good roads might have sufficient time to inaugurate such a move-
PUBLIC PAPERS OF GOVERNOR FLOWER. 367
ment. More than this it authorized experiments in building roads with convict labor within twenty miles of Clinton prison. Still further it made the neces- sary provision for placing, at slight expense, in the hands of every supervisor, highway commissioner and town clerk, a manual containing a codification of the highway laws and some practical suggestions on the subject of road building.
These legislative efforts should do much toward providing the State with good roads. They depend of course for their success upon the spirit of the people of each county. They are the most practical step in the direction of road reform. A State road system, involving an elaborate scheme and a great exj)ense not equitably distributed, would not find popular favor I fear, and is, I believe, unnecessary. The county local option system will accomplish even better results and give greater satisfaction. The only thing neces- sary now is for the people of 'each county who believe in good roads to continue to agitate the subject until their county legislature takes the necessary steps pro- vided in the law. Continuous agitation will bring about the success of any good cause. Fortunately the cause of good roads not only compels conviction but excites enthusiasm. It is gaining more friends every day. It will not be long before it penetrates all parts of the State and secures the generous support of all citizens.
368 PUBLIC PAPERS OF GOVERNOR FLOWER.
OUR DAIRY PRODUCTS.
Extract from Governor Flower's Remarks in Awarding Prizes for the best Dairy Products, AT the Jefferson County Fair, Watertown, N. Y., September 22, 1893.
One thing which our farmers need to learn in these days is to emulate the example of the shop-keeper in making his goods look attractive. One of the secrets of successful shop-keeping is to attract customers by the manner in which goods are displayed. So shop windows are elaborately decorated with contents of the store and various devices are resorted to to show wares to their best advantage.
This is getting to be just as necessary for the farmer as it is for the shop-keeper. A little thought expended in this direction will result in greater profits. When a farmer makes a choice quality of butter he ought to study how to get the best prices for it. He can bring it to the market in bulk along with inferior butters and get the market-price, or, by some extra care in putting it up in dainty pound packages, so that it will attract attention, and in trying to sell it among people especially who are looking for fine butters and are ready to pay for them, he can add several cents a pound to his profit. Our cities have thousands of people who are willing to pay well for good articles and who are always attracted by the manner in which these good articles are put before them. This is a task that the wives and daughters on the farm can be put
PUBLIC PAPERS OF GOVERNOR FLOWER. 369
at, and with a little care of this kind a good deal of additional money can be earned.
With cheese it is the same as with butter. Well-fed families and clubs all over the State are ready buyers of these dairy products when they are good in quality and attractive in looks. Neat stone or glass jars, with the maker's brands on them, make a great difference in the sale and price of the product. Here in Jefferson county your butter and cheese makers have won the first prizes at the World's Fair against all the world. Now why not take advantage of this acknowledged superiority and sell all you can of this fine butter and cheese? Put your cheese up in dainty boxes or jars, give it a World's Fair brand as a prize winner and send it to all our large city markets. Don't you think people would be glad to get it and pay good prices for it? Farmers everywhere ought to study this art of selling. It is one thing to do good farming and another thing to sell farm products where they will bring the most money. That is where the business element comes in in farming. Whether it is fruits, or flowers, or dairy products, or vegetables, the great thing is to reach the best market. When this can be accomplished by adding to labor a little commercial thought and ingenuity, the extra profits ought to reward sufficiently the extra pains. Business traits are just as essential in trading in agricultural products as they are in any other kind of trading.
The farmers of this State now send millions of pounds of cheese to London every year in cheap boxes costing perhaps twelve and a-half cents, and 24
370 PUBLIC PAPERS OF GOVERNOR FLOWER. ,
get from eight to ten cents a pound for the cheese. Permit me to suggest to them that, now they have earned the award for making the best cheese in the world, they pack it in a more expensive and attractive box and brand it as the World's Fair Premium Cheese, and make a special effort to bring it to the attention of all Europe as a superior quality of cheese, which should bring a superior price. I have no doubt you could greatly increase your profits thereby.
Another suggestion. Be careful how you send your cheese to market. See that it is well taken care of on the -route, not injured by heat and rough treatment. Send a man along with it to see that the journey to market is made in the cool of the day so that the cheese will be in good condition when it gets there.
■The growth of the dairy industry in this State has been a remarkable one and has great possibilities in it yet. Thirty years ago our farmers began to break away from the old-fashioned methods of individual butter and cheese making and established the modem system of associated dairying. The result has been remarkable. In i860 the annual product of milk in this State, not including what was used on farms, was 365,000,000 gallons; in 1870 it had increased to 483,000,000 gallons; in 1880 to 576,000,000 gallons and in 1890 to over 700,000,000 gallons. During this period the increase in production from year to year has been much faster than the increase in the number of cows, showing conclusively the effect of intelligent effort to increase the yield by careful attention to breeding and feed. For instance, the average yield per cow in i860
PUBLIC PAPERS OF GOVERNOR FLOWER. 371
was 325 gallons while in 1880 it had crept up to 401 gallons, and is now probably considerably higher. It is a New York State cow which, at the World's Fair, has taken the premium for being the best cow in the world, producing the largest number of pounds of milk . per year of all the cows in the world. The Commis- sioner of Agriculture of this State has published a statement in which he shows that during the last season in the factories alone our New York farmers produced over 19,000,000 pounds of butter and over 130,000,000 pounds of cheese. When the amount of butter and cheese made on farms is added to these figures the proportions of our dairy industry will be seen to be enormous. New York leads all other States in the amount and value of her dairy products', yet I believe there are greater possibilities still before her, and greater profits to the dairy farmer if he will apply to his occupation, skill, scientific methods and business instincts, and study to satisfy that increasing demand, especially in our own State, for the finer and more remunerative qualities of butter and cheese.
I know a farmer in Monroe county who is making fifteen per cent, per annum on land worth $200 per acre by making a grade of butter which sells for fifty cents a pound, and in some New York city hotels it is preferred to the famous Darlington butter, which formerly cost one dollar a pound. The price of the best New York butter, quoted by one of the leading, grocers in New York city, is only thirty cents a pound, while butter quoted at sixty-five cents a pound comes from another State. I know of no reason why New
372 PUBLIC PAi'ERS OF GOVERNOR FLOWER.
York dairymen should not have the advantage of satisfying these expensive tastes of our urban population.
With cheese it is the same as -with butter. The great bulk of our cheese is low-priced, competing with the world's markets in London, and bringing less than ten cents a pound. Yet I hold in my hand a price list furnished me by one of the leading firms of grocers in New York city, which shows that practi- cally all the higher-priced cheeses are made outside our borders. Here is the list :
Mild cheese (Oneida and Jefferson counties, N. Y.), fourteen cents per pound.
Young American (N. Y. State), eighteen cents per pound.
English dairy cheese (Otsego county, N. Y.), twenty- five cents.
Pineapple cheese (Goshen, Conn ), fifty-five and ninety cents each.
Edam cheese (Holland), one dollar each.
Roquefort cheese (France), forty cents per pound.
Parmasan cheese (Italy), forty cents per pound.
Gruyere cheese (Switzerland), thirty cents per pound.
Stilton cheese (England), forty-five cents per pound.
Cheddar cheese (England), thirty cents per pound.
It will not do to say that these cheeses cannot be profitably made in this country and in this State. Here and there through the State successful work is being done in this direction. I know a woman in the county of Jefferson who earns a splendid income by selling at the best New York restaurants French
PUBLIC PAPERS OF GOVERNOR FLOWER. 373
cheeses, which she learned how to manufacture by- sending her son to France to study the process. That woman's energy and good sense deserve emulation by her masculine neighbors. Our farmers cannot all send their sons abroad to learn cheese-making, I know, but we have in this State a splendid nucleus for such instruction in the Experiment Station at Geneva, in the agricultural department of Cornell University, and in the perambulating dairy schools, for which our Legislature has recently provided.
There seems no reason why the United States should import eight or nine million pounds of cheese every year, when, by well-directed efforts, our own farmers could get this -market.
STATE TAXES.
Extract from Governor Flower's Remarks at the Ontario County Fair, Canandaigua, Septem- ber 27, 1893.
There is no public question which comes home to people more directly than the subject of taxes, but few persons in this State appreciate how small a part of their taxes each year goes to the support of the State government. The State tax is usually combined with the town and county taxes and collected at the same' time, so people have no way of readily ascer- taining what proportion of it is local and what general. During the last two years the State tax rates have been phenomenally low, and this year would have been
374 PUBLIC PAPERS OF GOVERNOR FLOWER.
considerably lower than last year had it not been for extraordinary expenditures occasioned by the Buffalo strike, the invasion of cholera, the payment of the balance of the State debt and the assumption by the State of the care of the pauper insane.
The total tax rate for the support of the State government this year will be two and fifty-eight hundredths mills on each dollar of assessed valua- tion— a trifle more than a farthing — or two dollars and fifty-eight cents on each thousand dollars of assessed valuation. Every man or woman in the State will pay a little more than one farthing this year on every dollar's worth of his property as assessed for the support of the State government. He will pay almost ten times as much for the support of his city, town and county governments. There never was so good a government managed at so little cost to the people as the government -of the State of New York to-day. No large corporation is managed with greater economy. I say this from observation of, and expe- rience with, corporate management. I am proud to say of my associates in the various State offices that they are as zealous in the discharge of their duty toward the people as are the of&cers of any corporation with which I am acquainted toward the interests of their stockholders.
Of this tax rate of two and fifty-eight hundredths mills on each dollar, nearly one mill is levied for the support of schools ; a little more than a third of a mill is for the canals ; another third of a mill goes to the support of the pauper insane ; about two-thirds
P UBLIC PA FERS OF GO VERNOR FL 0 WER. 3/5
of a mill goes to charities and reformatory institutions, and the remainder goes to miscellaneous purposes of government.
But this analysis does not give you a complete idea as to the operation of State taxation. It is a fact that in a large number of counties there is no actual Statje tax -whatever. In these counties it is not a question of what they pay for the support of the State, but what the State pays for the support of them. There will be twenty-eight of these counties this year which will receive from the State more than they pay in taxes to the State treasury, and this estimate does not include the amounts appropriated by the Legislature for expenditure in the counties.
This result is brought about in several ways. In the first place a large part of the proceeds of the State school tax is refunded to the counties. In the next place the Legislature, during the last year, has changed the method of publishing the session laws, which results in an average net saving to each county of about $2,000. In the third place, the State has assumed the care and support of the pauper insane, which, heretofore, has been paid by the coun- ties. This alone effects a saving of at least fifty per cent, for this purpose in each county. In the fourth place the State government has been economically managed and millions of additional revenues have been collected by State officers from corporation and inheritance tax laws.
376 PUBLIC PAPERS OF GOVERNOR FLOWER.
I present here a table, No. i, wliicli shows (i) the amount of taxes assessed against each county this year; (2) the amount of school moneys to be refunded this year ; (3) the saving to each county by the State care of insane act; (4) the saving by the sessions law act; (5) the total of moneys refunded and saved for each county ; and (6) the surplus to the credit of the State or to each county, as the case may be, by the operation of these laws:
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380 PUBLIC PAPERS OF GOVERNOR FLOWER.
It will be observed from these figures that not only do twenty-eight counties practically pay no State taxes this year, but they will actually have a surplus ranging from $400 to $31,100 to their credit as a result of their operations with the State. These counties, with the amount of money to their credit this year over and above all State taxation, are as follows :
PUBLIC PAPERS OF GOVERNOR FLOWER.
381
TABLE No. 2.
COUNTIES.
"Will pay to State.
Will receive from State.
Credit to county.
Allegany
Cattaraugus.. Chautauqua..
Chenango
Clinton
Cortland
Delaware
Essex
Franklin ....
Fulton
Greene
Hamilton
Jefferson
Lewis
Oneida
Oswego . ...
Otsego
Saratoga .... Schoharie . . .
Schuyler
St. Lawrence
Steuben
Suffolk
Sullivan
Tioga
Tompkins
Ulster
Warren
$36,600 53,200 71,700 39 , 600 18,000 25,800 37,200 27,500 22,000 29,100 33,300
3,300 70,400 20,400 134,800 60,900 53,800 60,400 26,700 17,000 71,400 68,400 52,800 13,600 30,700 33,000 66,400 18,000
$50,400 63,900 75,800 51,800 49,100 33,200 61,200 34,400 41,200 39,200 34,800
7,179 74,000 39,800 150,600 77,100 57,400 60 , 800 36,200 24,400 89,800 90 , 000 57,700 38,000 37,500 38,500 84,100 31,600
$13,800 10,700
4,100 12,200 31,100
7,400 24,000
6, goo 19,200 10,100
1,500
3,879
3,600
19,400
15,800
16 , 200
3,600
400
9,500
7,400
18,400
21,600
4,900
24,400
6,800
5,500
17,700
13,600
382 PUBLIC PAPERS OF GOVERNOR FLOWER.
But how about the counties which do pay more to the State in taxes than the State .--pays to .±hem? There are thirty-two of them. I have arranged them in tabular form, (Table No. 3) giving the amount of State taxes charged up to them, the amount of money refunded and saved to them by the State, the amount of net taxation, and the rate of net taxation in mills on each dollar of the assessed valuation of the county :
PUBLIC PAPERS OF GOVERNOR FLOWER.
383
TABLE No. 3.
COUNTIES.
Albany
Broome
Cayuga .... Chemung. . Columbia. . .
Dutchess
Erie ,
Genesee
Herkimer . .
Kings
Livingston . , Madison. . . .
Monroe
Montgomery New York. . .
Niagara
Onondaga. . .
Ontario
Orange
Orleans
Putnam..., .
Queens
Rensselaer . Richmond. . Rockland . . . Schenectady
Seneca ,
Washington.
Wayne
Westchester. Wyoming . . . Yates
"Will pay to State.
"Will receive from State,
$236,400
77,000
77,000
54.400
69,000
114,000
586,000
55,600
52,800
1,242,800
64,400
50,000
338,700
64,800
4,708,000
8o,6oO'
191,700 75,000
114,400 38,300 17,800
168,300
162,000 36,300 34,200 36,200 38,000 48 , 200 62,100
259,000 39,800 29,200
^143,700 64,600 68,500 49,100 44,700 78,700
222,100 27,000 43,400
411,500 37,200 49,000
156,500 41,400
708,100 59,700
123,300 51,100 81,900 26,664 14,700
104,000
117,300 35,700 26,400 27,100 32,100 47,700 47,200
105,000 29,600 24,800
Net taxation.
$92,700
12,400
8,500
5,300
24,300
35,300
363,900
28,600
9,400
831,300
27,200
1,000
182,200
23,400 3,999,900
20 , 900 68,400 23 , 900
32,500
11,636
3,100
64,300
44,700
600
7,800
9,100
5,900
500
14,900
154,000
10,200
4,400
Rate of
net taxation
in mills..
4 2
25
9
3
6
3
45
7
05
3
9
I
6
9
8
7
7
4
9
7
04
6
6
4
02 6 5 6
4
384 PUBLIC PAPERS OF GOVERNOR FLOWER.
This table shows that although thirty-two counties join in paying the State taxes, not one of them pays a higher rate than two and one-tenth mills, and twenty-four of them pay a lower rate than one mill. In Onondaga county the rate will be only nine-tenths of one mill, and while the net tax the county will pay is $68,400, it will receive this year in direct appropriations for public improvements, etc., $262,000. So you will see that the State tax rate doesn't cut much of a figure this year in Onondaga county. Indeed, the county will have to its credit this year $193,600 as a result: of its financial operations with the State. It will get this' year from the State Treasury, to be expended in the county, $54,000 for canal improvements, $75,000 for the salt springs, $108,000 for the Institution for Feeble-Minded Chil- dren, and $25,000 for new buildings on the State fair grounds.
I could show you similar figures for nearly all the' other large counties which pay a large part of the State taxation. For instance, there is Albany county whose net taxation this year, over and above what it will receive back from the State for school moneys, care of the insane and publication of session laws, will be $92,700. Now Albany county also comes in for a slice of legislative appropriations to the extent of $196,000, including $131,000 for canal improvements, $16,000 for improving the channel of the Hudson river, $23,000 for a national guard armory and $26,000 for its normal school. All this large sum of money will be expended in the county for the benefit of
PUBLIC PAPERS OF GOVERNOR FLOWER. 385
its citizens. The net result of its financial trans- actions with the State will, therefore, be a balance to its credit of $103,300.
Take Monroe county, whose net State taxation this year will be $182,200. But over against that pay- ment to the State, Monroe county will receive $441,700 from the State Treasury in appropriations to be expended within the borders of the county. This large sum is made up of $17,000 for canal improve- ments, $20,000 for the Brockport Normal School, $69,000 for the Rochester State Hospital, $312,000 for the State Industrial School and $23,700 for the Institu- tion for Deaf Mutes. The net result of Monroe county's transactions with the State Treasury, therefore, will be $259,500 to the county's credit.
Take Erie county, at the other end of the State. This county will not only get $222,100 back from the State in school moneys and insane moneys this year, but it will also receive from the State Treasury the magnificient sum of $650,000, of which $263,000 is for the State Hospital at Buffalo, $18,000 for the Institu- tion for Deaf Mutes, $39,000 for the Normal School at Buffalo, $50,000 from the sale of its County Insane Asylum, $67,000 for canal improvements and $213,000 for the expenses of the National Guard in the recent strike at Buffalo. The net result of Erie county's transactions with the State will this year be $286,100 to the credit of the county.
This condition of affairs must convince the agri- cultural sections of the State that they have a very direct and vital interest in all that tends to develop
25
386 PUBLIC PAPERS OF GOVERNOR FLOWER.
and etirich our great cities. The greater the assessed valuations of New York and Brooklyn and the other more populous counties, the greater the dividends which the rural counties get from the State — for as I have pointed out it has ceased to be with them a matter of tax rate and is now a question of dividend rate.
But successful as our State financing has been in recent years, we may confidently look forward to the time when direct taxation on the people will be a thing of the past. The various laws which have been enacted for raising revenue otherwise than by direct taxation have operated with great success, owing to the efforts of our administrative officers to enforce theni. The Legislature last year gave the Comptroller an appropriation of $25,000 for assistance in enforc- ing the corporation and inheritance tax laws and he has increased the receipts from these sources during the year by $2,000,000. Careful economy and additional revenues from various indirect sources ought, in a few years, to make a direct tax unnecessary, i Nearly all the principal departments and bureaus of the State government do not cost the people a penny in direct taxation. The executive department, since 1886, has yielded to the State Treasury more in notary fees that its total expenses and salaries. The fees taken in the office of the Secretary of State are nearly double the expenses and salaries of that office. The work of the Attorney-General and his deputies has saved the State millions of dollars in contesting unworthy claims and defending tax assess-
PUBLIC PAPERS OF GOVERNOR FLOWER. 387
ments before the courts. The State Treasurer has so deposited • the State funds as to earn in interest for the State more than three times the amount of the salaries and expenses of his office. The State prisons are nearly self-supporting. The expenses of the Railroad Conamission are paid by the railroads ; those of the Banking Department by the banks ; those of the Insurance Department by the insurance companies. Indeed, practically all our direct State taxation is for schools, charities and canals.
As a people we have a right to feel proud of our financial condition. So great a State as this, consider- ing all its public improvements and agencies for promoting the general welfare, out of debt and managed without burden to the taxpayers, is a glorious sight and a vindication of our American institutions. Let us hope that this proud standard may never be lowered, but that the same high ideals which have brought our government to its present prosperous condition may continue to inspire those intrusted with its care.
HOW TO KEEP THE BOY ON THE FARM.
Gov. Flower's Remarks at the Dutchess County Fair, Poughkeepsie, September 28, 1893.
I have been around among farmers considerably of late, and everywhere I go I find the farmers and their wives complaining that it is impossible to keep their boys and girls at work on the farms. The
388 PUBLIC PAPERS OF GOVERNOR FLOWER.
boys want to go to town to " clerk it," and the girls to hire out at service or to get employment in shops or factories. So the old folks are left at home with a scarcity of farm help and no thrifty children to bequeath their farms to when they get ready to leave this life for a better one.
This is a melancholy condition of affairs, not only from the domestic point of view, but from the standpoint of agricultural prosperity. If farming were a profitable occupation farmers would have no reason to complain that their children preferred to earn a living elsewhere. The truth must be faced that farming is not as profitable an occupation as it formerly was in this State, and that there seems to be no way of improving the condition of agriculture except by a radical change in methods.
Present agricultural methods are not suited to the wants and conditions of to-day, but to those of generations ago.
The beginning of agricultural depression in this State dates from the time of opening vast fields in the west devoted to the production of wheat and corn. Improved means of communication between the east and these western fields, cheaper freight rates and the application of steam to agricultural work in the west, have made it absolutely impossible for the New York farmer to coinpete with his western rivals in the. production of these cereals. Yet it is an astonishing fact that to-day about as many acres in this State are devoted to the production of wheat and corn as were devoted to these crops
PUBLIC PAPERS OF GOVERNOR FLOWER. 389
twenty-five years ago ; about as many bushels of wheat and cofn are raised to-day as were raised twenty-five years ago. Fourteen hundred thousand acres of the improved farming lands of this State are given up to this vain endeavor to grow wheat and corn in competition with the vast grain fields of the west and north-west. When the ordinary business man becomes acquainted with these facts he asks — does it pay? and the invariable answer must be that it does not pay. Our high-priced lands yielded over twenty-three dollars an acre in corn on an average from 1 870 to 1 880, and only eighteen dollars an acre from 1880 to 1890. The average value of our wheat yield from 1870 to 1880 was twenty dollars an acre, and between 1880 and 1890 it had fallen one-quarter, to fifteen dollars' an acre. It would seem to be merely slow suicide for our farmers to keep tip this vain struggle.
What is to be done? How is agriculture to be made once more a profitable occupation? How are the boys and girls to be kept at home on the farm? For when agriculture becomes a profitable occupation there will be no difficulty about farm help or keeping the children at home. In my various talks to farmers at county fairs this fall I have endeavored to give them some practical suggestions in answer to these questions. I have endeavored to show them how, by getting their boys interested in new crops and new ideas about agriculture, based on the application of business principles and science to that pursuit, they will keep their boys at home and make more money
390 PUBLIC PAPERS OF GOVERNOR FLOWER.
for themselves and their families. Let me repeat some of these suggestions to you farmers of Dutchess county. Some of you can doubtless give me more information in the same line than I can give you, for you have in this county some of the best kinds of modern farms to be found in the United States, because you have adapted yourselves to modern agricultural conditions, and have sought to satisfy the most profitable modern demands.
Take the subject of vegetable gardening or truck- farming. There isn't a rarer sight in the country than a farm with a good garden. Farmers do not even supply their own tables with as large a variety or as good a quality of vegetables as they might. Put your boys at work in the garden department of your farm and encourage them to get interested in it. If you are within range of good markets, as many farmers are, make vegetable gardening a feature of your farm and give the boys charge of it. If they are bright boys, and you give them the right sort of stimulus and direction, I venture to say they will soon be making greater profits on their vegetables than you will on your wheat, corn, oats, rye, barley and other cereals. Did you ever think how much greater profits per acre there are in truck-farming than in grain-farming? Truck-farming is a compara- tively new industry in this country. Most of us might have watched its growth from its infancy during our lifetime. For the first time in 1890 we got some statistics from the census bureau as to the extent of this industry. These figures, though prob-
PUBLIC PAPERS OF GOVERNOR FLOWER. 39 1
ably deficient because of the difficulty of getting accurate information, show that half a million acres in the United States are devoted to this industry, and that the money value of the yield in that year was $76,000,000. They also show the average net income from the growing of certain kinds of vege- tables in New York State. Asparagus is said to net $183 per acre; beets, $150; celery, $214; cabbage, $133; watermelons, $81; other melons, $158; peas, %(i7 ; sweet potatoes, $75; spinach, $80; tomatoes, $165, and so on. I know some farmers' boys in another part of the State who make fifty dollars an acre by rais- ing sweet corn for canning purposes. Why can't a number of farmers club together and establish a canning factory, out of which they can make large profits in furnishing the vegetables or fruits? When we reflect that wheat production averages only fifteen dollars an acre and corn eighteen dollars, the com- parative profit in these other kinds of production is very attractive. There are tens of thousands of acres in the vicinity of our large cities which could make their owners rich by intelligent vegetable farming.
Fruit growing is another branch of rural industry that the boys can be interested in. We have the best natural advantages for raising certain kinds of fruit and the best markets in the western continent. No better apples, no better peaches, no better berries, hardly any better grapes are grown anywhere than those raised in New York. Less than fifty years ago a fruit grower near Keuka lake broke the New York market by a shipment of 300 pounds of grapes. In
392 PUBLIC PAPERS OF GOVERNOR FLOWER.
1890 there were shipped from this same part of the State 40,000,000 pounds, and from the whole State 98,000,000 pounds. We lead every State in the Union, except California, in the production of grapes, and the average market-value of our crop in 1889 was four times as much per ton as that of California's yield. The grape industry in New York now covers over 40,000 acres, and the value of its product in 1889 was about five and one-half millions of dollars, or over $122 per acre — a pecuniary return equal to five- eighths the value of our wheat crop for that year, which covered fifteen times as many acres. The extensive cultivation of peaches is but yet in its infancy, and the value per acre of average yield two years ago was upwards of $150. In small fruits there is even more money. A well-informed writer, basing his judgment upon his own experience, estimates that with proper culture strawberries can be made to yield $320 an acre, or a net profit of $150; rasp- berries $300 an acre, with about the same net profit ; and currants $120 an acre, but with greater propor- tionate net profit than either strawberries or raspberries. The popular taste for fruits of all kinds for ordinary diet is growing much faster than the population, and the consumption of our cities is increasing at an astounding rate.
Another suggestion in this line. Build cold storage houses if you can afford them ; if you can't, get a number of your neighbors to join with you and build one, charging each farmer who uses it a small price in proportion to the extent of his use. Then put in
PUBLIC PAPERS OF GOVERNOR FLOWER. 393
this cold storage all the fruit you can't dispose of during the season and along in the winter or spring bring out that fruit and sell it at the fancy prices which will then prevail in our city markets. I know farmers who keep apples in this way, and along in the winter ship them to London for splendid prices. Out at the World's Fair in June last, I saw no varieties of New York apples which had been kept sound and hard in a cold storage house since last September. I saw also a great many varieties of grapes preserved in the same way.
Get your wives and daughters interested in floricul- ture. There are possibilities of considerable pin-money in that. Very few farms have any flower-beds worth speaking of. If you live near a big city your wives and daughters can earn enough out of selling cut flowers and flowering plants to. pay for their dresses and clothing. Mentally as well as pecuniarily floricul- ture is an improving occupation, and your households would all be pleasanter homes when its inmates learn to love God's beautiful flowers.
Flower gardens will help bee culture, too. Those of you who have been out to the World's Fair — and I advise you all to go if you haven't been — may have seen in the New York exhibit there a swarm of bees passing in and out of the Agricultural building, and making honey behind a glass case before all visitors who cared to watch them. It was an interesting sight to watch the operations and work of these busy and intelligent little creatures, and I don't wonder men get so interested in them that
394 PUBLIC PAPERS OF GOVERNOR FLOWER.
they devote wliole lives to studying their habits. Give your boy an insight into bee culture and see if he doesn't get absorbed in it, too. He can earn more money at selling honey, if he goes at it in the right way, than he can in "clerking it," and there is no comparison between the relative pleasure to be gotten out of the two occupations.
The production of sugar beets will soon become an important industry in this country It is estimated that we shall produce 25,000 tons of them this year. There are some parts of our State particularly adapted to their cultivation. Their chief care is at a time of year when the farmer hasn't a great deal to do, which makes them additionally profitable. A number of farmers in a neighborhood could club together and establish the necessary plant for extracting the juice from the beets. The refuse matter could be used for fodder. There ought to be a great deal of money in beet sugar. The consumption of sugar in the United States has been doubling about every twenty-five years, and now we consume about sixty pounds per capita a year.
Poultry raising offers fine opportunities for your boys. Nobody can accurately estimate the enormous growth in this industry in fifty years. The last statistics I have seen were for 1882, when the value of the poultry products in this country was estimated at $560,000,000. This was $100,000,000 greater than the value of the wheat product and more than two-thirds the value of the corn product. The demand for fresh eggs and chickens for food is almost unlimited.
PUBLIC PAPERS OF GOVERNOR FLOWER. 395
Get the boy an incubator and let him hatch chickens by the wholesale. Give him all the profits he makes and you won't find him anxious to leave the farm.
Many of you farmers, I dare say, have a cold spring on your farms. Utilize it for trout ponds. This is splendid work for your boys. You can get plenty of trout to stock them with from the State Fish Commis- sion. After the ponds are once built and stocked they will not be much care. Your boy can catch a fine mess of trout now and then, pack them in ice, ship
them to New York and get a fancy price for them. If you have other streams not of the right temperature for raising trout, clean them out and stock them with other kinds of fish, which will supply your table with food and add to your yearly income.
The subject of forestry is one which is beginning to attract the attention of our people. It has not yet come to be a feature of farming. Yet, with the disappearance of our forests, it will eventually become necessary to devote some part of our lands to the cultivation oi, timber, and I have no doubt such cultivation will some time be profitable in a pecun- iary way as well as in other ways. This is a subject in which your boys could be interested and the uncleared wooded lands on your farms could be made to yield a revenue.
The dairy branches of agriculture offer untold opportunities. Our annual dairy products have reached an enormous value. The making of fine butters and cheeses, which will satisfy the daintiest tastes and fetch the biggest profits, the packing and
396 PUBLIC PAPERS OF GOVERNOR FLOWER.
marketing of these products, the care and breeding of stock — all are subjects that should receive not only the study and attention of the farmer himself, but also of his sons and daughters. Get them inter- ested in these things and they will cease to be discouraged about the future of agriculture.
I have enumerated some of the features of agri- culture which might be developed for the sake of keeping the boys and girls on the farm. I hope you will also find them suggestive of how agriculture may be diversified and made profitable. The great aim of our farmers should be to cater to the wants of the people in our cities and villages. The urban population is increasing at a very rapid rate. Mil- lions of people must be fed. Their tastes and wants are increasing every year. Their ability to satisfy these tastes and wants is increasing every year. Let us give up the old crops and methods that have been proved unprofitable and impoverishing and take up new crops whose production is profitable and study new methods which science and the applica- tion of business principles to agriculture have shown to result in economy and a large margin of profit. Instead of a discouraging and profitless occupation, agriculture can be restored to its old-time splendor as an honorable and remunerative pursuit.
PUBLIC PAPERS OF GOVERNOR FLOWER. 297
VALUES IN AGRICULTURAL LANDS.
Extracts from Governor Flower's Remarks before THE Palmyra Agricultural Society, September 29, 1893.
" This is probably the last agricultural fair I shall have the pleasure of visiting this autumn. I have visited a good many and have been pleased to see the interest which they arouse and the success with which they are managed. There seems to be no immediate likelihood of the abandonment of this annual harvest custom. Agricultural fairs are very useful in giving farmers new ideas and valuable suggestions, and they undoubtedly stimulate interest in good farm work. The fairs which I have visited this fall have been largely attended, and the farmers seem to be about the only class of people in this State who haven't felt the pressure of hard times. Their exhibits are numerous and of a high grade, and the large attendance indicates the interest dis- played. My impressions of the State fair were par- ticularly favorable. It distinctly surpassed the State fair of last year."
Referring to the recent depression in values in farm lands. Governor Flower said :
" During the last term I was in Congress I voted and spoke against all efforts to appropriate large sums of money for irrigation purposes in the west, because in the first place, there was no demand or necessity for the opening up of new farming lands;
398 PUBLIC PAPERS OF GOVERNOR FLOWER.
in the second place, only the very large land owners would get any benefit from it ; and in the third place, the cost would be paid almost entirely by the people of the more thickly settled States, whose lands had already depreciated largely in value, owing to the development of the western country, and who should not be compelled still further to provide the means for improvements which were not for the present interest of the country, and which would only result in bringing the production of more cheap lands into competition with that of our high-priced farms. I think this sentiment is generally shared by our farmers.
" The late depreciation of land values in the thickly settled sections of the east and their rise in the sparsely settled sections of the west present an anomaly to be explained only by the cheapening rates of transportation which place the western pro- duct at the dock for foreign shipment as cheaply as that grown in its immediate vicinity. It costs no more to-day to move a car-load of freight from Min- neapolis, Minn., to New York, a distance of 1,400 miles, than it cost twenty-five years ago to move a car-load of freight from Rochester to New York, a distance of 374 miles. Again, on land worth $5 per acre in Minnesota, the interest per acre, at seven per cent., is thirty-five cents per annum. The interest on land in New York at $50 per acre is $3.50, or a difference of $3.15. Now, for this $3.15 you can ship the crop from one acre of land in Minneapolis to Liverpool, England.
PUBLIC PAPERS OF GOVERNOR FLOWER. 399
" From a comparison of values of farm lands in the United States, taken in 1870 and 1880, it will be found during that decade that, -while Colorado advanced $21,723,475, Vermont declined $30,041,065 ; that while Dakota advanced $20,315,819, New Jersey declined $66,627,543 ; that while Cali- fornia advanced $120,811,254, Pennsylvania declined $67,792,172 ; that while Kansas advanced $144,851,896, New York declined $216,681,025. If the figures were at hand for 1890 they would show a still greater decline of land values in the east.
" In Great Britain the agricultural losses of the Kingdom, incurred within twenty years, are stated to have been ;^ 1,000,000,000. Russia, Australia, the Argentine Republic, and other nations are under the same depression.
" England has built her railroads in India and Canada, pushing them forward and developing agri- cultural resources, which tend to cheapen. Russia has also pursued the same policy over vast tracts of land. These causes tend to develop the farming industry in all these countries with an artificial growth.
" Our lands have been cheapened by this low rate of freight and overproduction, the same as the rate of interest has been lowered in this country by lay- ing cables that reach immense sums of money, at a low rate of interest, in London, Paris, Berlin and Holland. When the cables were established the legal rate of interest in New York was seven per cent. To-day it is six per cent., and will soon be five.
400 PUBLIC PAPERS OF GOVERNOR FLOWER.
Whenever a scarcity of money arises a cable transfer from the cheapest market tends to make the rate uniform, and consequently continually lowers the rate of interest.
" In the same manner the immense lines of domes- tic telegraph and railroads which have brought our country closer together in all its parts, combined with good banking facilities and a uniform currency, have solidified it and gradually affected the rate of interest in every State by the easy communication with New York. So this overproduction and cheap freights, like the swing of a mighty pendulum, first shrunk the values of lands in the east, is now beginning to be felt in the west, and if, by the stimulus of irrigation the area of production is still further enlarged, will again in time react upon the east.
"Let it be borne in mind that I am not speaking against cheap transportation, for the dependence of the east upon it (Massachusetts can furnish bread to her people for only a half day in the year) goes without question. But the unnatural stimulation of farming in the west, together with cheap transporta- tion, has often filled our warehouses with many million bushels of wheat to be added to next year's crop.
" It is far better that the people who may desire to settle in the arid belt help themselves than that they should look for aid in a subsidy from the general government. It encourages them to be independent and teaches them the duty of taking care of themselves.
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"I am inclined to think, however, that in our State the level of the depression in farm lands has been reached. I observe, from the figures lately published by the Census Bureau at Washington, that while the total real estate mortgage indebtedness of this State has increased something over 148 per cent, during the ten years intervening from 1880 to i8go, scarcely any of this increase represents an increase in the mortgage indebtedness on farms. In 1889 the amount of mortgage indebtedness on farms was actually less than that in the years 1882, 1883 and 1884. I do not expect to see prices go much, if any lower. This conviction is largely based on the new conditions to which our farmers are adapting themselves gradually — the conditions presented by a rapidly increasing population in our cities, which demands something more from our farms than wheat and corn. These conditions will compel a diversification of farm pro- ducts — a tendency already well-started — and all our improved agricultural lands will be needed in furnish- ing those various products which our own people consume in greater and greater proportions each year. Our State population is increasing at the rate of a hundred thousand people a year. We now average 130 persons to the square mile. In England the average is nearly 500. We can reasonably look for- ward to as great a density of population. That means greater economy in the use of our lands and better prices for them. It means more work for farmers and more money. It means agricultural prosperity 26
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instead of agricultural distress. The sooner our farm- ers generally will tliorouglily readjust themselves to changed conditions the sooner their lands will recover their value and the greater will be the rewards for their efforts."
ADDRESS TO TEACHERS.
Informal Remarks of Governor Flower at the Opening of the Teachers' Lecture Course, American Museum of Natural History, New York City, October 14, 1893.
Professor Bickinore, Ladies and Gentlemen, and Teachers of the Common Schools of this Vicinity :
I expected when I came here this morning to be instructed first by the lecture of Professor Bickmore, in order to get some ideas about which I might say something to you afterwards. He, however, being the professor in this school, has forced me to speak to you first ; and were it not that you are teachers, and that I feel somewhat at home with teachers, having been a teacher myself, and knowing how great and glorious is this occupation, knowing that upon the 30,000 teachers of our common schools in this State depends the perpetuity of our great State, I would not attempt to address you. The mother, when her child is four or five years of age, puts him in the hands of the teachers of the State, and I know that on you, therefore, depends, more than on anybody else, the rightful use of the powers which nature gives the
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child. If you can wield these powers in such a way as to make the children ■ govern themselves, if you can teach the children also to be governed, if you can teach them our form of government in its rudimentary principles, you can make this the most powerful and the greatest government that the world has ever known.
This common school system of ours (of which you are the finished product, because you have gone through the regular gradations of common school, high school and normal college) is the greatest system existing in any State in this Union.
This lecture course is one which I permitted for the teachers of the pupils of this State. It is, like the American Museum, an object lesson to those who cannot go abroad, to those who want to have a little better education, to those who want to learn a little more of the world than they can find in the common school books. These lectures, like those to which you are about to listen, put the polish on the pupils of the common schools. After you teachers have heard them you can enlarge the conceptions of your pupils. I presume that many people in New York have never been out of New York island. This is a great country, and I suppose that in the lectures that are delivered here you get enlightened on the Old World as well as the New, and in this way you broaden the views of those you are instructing. Further than this, the people of the State do not like to go in their expenditure of moneys, for the reason that beyond this rich men should take up the effort
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in the academies, in the colleges, in the universities, and provide the polishing which higher education gives. But as far as this the State is bound to go as a police regulation to protect her citizens against all kinds of theories of government except our own.
I am told that in this great city over 300,000 people cannot read and write the English lan- guage. They come here because this government is an asylum for all the people of the Old World. We bid them welcome ; but we ask them merely to put their children into our common schools ; and no matter what their brogue is, whether it is Irish, German, Scotch, Swedish, Norwegian, Dutch, or what else it is, we ask them to put their children in this hopper of the common schools, knowing that their brogue will be rubbed off in a year, and they will become able and good American citizens. The people of this State and of this Union will then possess the right kind of blood, drawing it from the rich ancestry of the Old World and mixing it with the New, making this one of the greatest nations in the world. And if the children are properly taught in these common schools, no matter what their brogue was six months or a year before they entered them, they will soon be taught to snuggle up beside the American boy, and then they will march on through life as scholars and teachers themselves. After they have been here a few years, as far as they are concerned, this govern- ment will be safe, for the reason that the flag that floats above the school-house is known, and the princi- ples that it represents are appreciated by every pupil
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and by every teacher in the schools ; and no matter whence trouble comes, whether from internal strife or from abroad, whenever the government is in danger, the boys and girls who have been taught in these schools will rally to the defense of the flag of the Union and of the government.
This the American people have thought to be the strongest safeguard of government possible — to spend their money in educating the children in the school district, in the town, in the village, in the county, in the city and in the State. They believe that the State, which has all these educational facilities thrown around its children, buttresses the general goverment with the strongest kind of guarantee against all attacks.
Let ine,'-for instance, illustrate the two forms of republics. Take France, in 1870 ; she was what I call a consolidated republic. The president of the republic appointed the different governors, the different mayors and the different of&cers throughout France, while we elect them by the people. In 1870, when the Germans wanted to take France, what did they do? They put their army around Paris, and when Paris capitulated France lay prostrate in their grasp. They demanded an indemnity, and it was paid, but until then they would not leave Paris. Why? Because when the Germans had captured Paris they had captured all that there was of the republic.
Ours is a different kind of a republic. In 18 12, the British captured Washington ; they burned it ; but they did not capture the republic. When the con-
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federates, from 1861 to 1865, attempted to marcli around Washington, and take it, by way of Antietam and Gettysburg, did they capture the republic? No. Why? Because the strength of this republic lay in the school district ; in the village ; in the town ; in the county ; in the city, , and in the State. The farmers' and merchants' boys throughout this broad land, when the Confederates attempted to capture Washington, rallied in their might, because they knew they were living under the freest and the best govern- ment that the world had ever seen ; and when they rallied to the defense of that government the enemies of the republic, instead of taking Washington, landed on the Gulf, and the Union was saved for all.
The State of New York is spending $19,000,000 a year for common schools. Greater facilities are offered in this respect in this State than in any other State in the Union. About . $7,000,000, I believe, is paid for higher education, but not by the State. When I was at the World's Fair in October, in my feeble manner trying to arouse the people of this great common- wealth to the idea that they had the greatest State in this Union, and when I happened to remark that New York was ahead of all the States of the Union in the variety of its agricultural products, and especially in its educational facilities, there was a Boston lady present, and she said :
"That Governor of yours doesn't give the Almighty credit for anything ! " You know, if there is anybody around from Massachusetts, and you don't own right up that Massachusetts is ahead on educational facilities,
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"why there is trouble right off. So, when I came home, I took up the statistics, and I found that in Brooklyn, including the Pratt Institute, in that city alone, more people had been graduated from educational institutions than in all of Boston and all of Cambridge.
As the professor will show you, if he goes into the minutiae of what New York State has at the World's fair, I am sure that he will make you all feel proud of our State. Why, in the cereal department, in the grains and provisions shown there, there is the pret- tiest and most unique show of the whole building. There is no corn-cob palace, but there are twenty- eight different kinds of wheat ; there are nine differ- ent kinds of spring wheat, twenty-seven different kinds of oats, eleven different kinds of barley, twelve different kinds of rye, and thirty different kinds of corn, and so on down through the list. The hop culture, from the time men commence to plant the hop till they pick it and bale it, is shown there. The present generation don't know what flax is, but every grandmother in this State knows what it is ; and the ' flax from which linen is made is shown you from the seed that makes the flax, through the different processes ; and there is the hackle flax and the flax ready to be spun into thread, and from the thread into linen — all made in the State of New York, and all shown in a box not over eight by nine feet in size.
Take maple syrup and maple sugar. They seem to taste better in that little exhibit from New York State than from any other State in this Union. They
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look better and whiter. When I was a boy, up in a northern county of New York State (and some of you teachers have probably heard this story), the old people up in the country, around my school district, used to say, when they would take a poor scholar and try to make him do something that he could not do, that you could not make a whistle out of a pig's tail. But I saw four of such whistles out there in our fair exhibit. And it just shows that anything is possible with the farmers of New York State.
To my surprise I saw the New York State exhibit showing great quantities of honey, twenty-two different varieties, every one of them in fine shape, and the farmers represented there seemed to me to know more about bees than any farmers in all the western prairies, where they have flowers enough to supply all the honey that could be wanted if they had the bees to do the work. But a great product of the State of New York is honey, and we had 40,000 bees in the World's Fair going to and fro at the north-east corner of that building away out on those prairies ; and amid this great show of flowers and of landscape gardening that New York State gave them there (the best show of any State in the Union) these bees were gathering honey, and they gathered this summer 250 pounds of honey, and the people there said that the Governor of New York was entitled to a couple of pounds of it, and so he took it home as his part. Our bees — New York State bees — were out there — not western bees ! That is one of the features in the Fair. Professor, have you got that in your pictures ? I pre-
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sume now you -will have it in. But that was to me one of the wonderful things to see. Hundreds of other things I saw, but I won't enumerate them, because the professor will give you enough to take home to your pupils, I have no doubt, to make them all better.
I am very glad to be here in this building. This is one of the buildings for whose construction I had the honor to sign the bill. I believe it is one of those institutions which the people of New York city want. This audience that is here is a wonder to me, having been, as a business man, down in the lower part of the city nearly all my life, thinking that nothing was going on in the city except around my individual headquarters ; and I presume that Mr. Constable, my old friend, who accompanied me here this morning, thinks the same way. This is a new thing to him. No, it is not, because he, with other gentlemen, has advanced this museum and ena- bled it to reach out through the State and do all the good it can by such a course of lectures as this, and by bringing choice selections of specimens from all the countries of the world, so that the people of the United States might see them. In this way this insti- tution will prove a lasting good to the people of this city and to the people of this State.
I thank you for your presence here this morning, and I hope that you will all be instructed by the lecture. Having been for the last two or three weeks busily engaged in going around to the country fairs, to the different normal schools of this State, and
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seeing the general thrift and the general interest taken in education, I feel glad to be here at a teacher's institute, as you might call it, and hope, in the course of my next year in office, to attend more of these teachers' institutes and see what work they are doing. I have attended many of the different colleges and I have seen their commencements ; but I must say, teachers, that at the normal schools I heard essays, from both the gentlemen and the ladies, who were graduating to become teachers, that were well up to, and some of them very far in advance of, the essays of those who were taking a college course. I will now give way to the professor.
THE BATTLE OF TRENTON.
Governor Flower's Remarks at the Dedication OF THE Battle Monument at Trenton, N. J., October 19, 1893.
Ladies and Gentlemen-.
New York is proud to participate in the exercises of this occasion. Her generosity has provided one of the bronze tablets which adorn the base of this noble monument, and that tablet commemorates the conspicuous part which a New Yorker took in the battle whose memory is here celebrated. But these considerations alone have not drawn us hither. By our presence we would also indicate the patriotic interest of our citizens in all efforts to perpetuate the memory of the heroic deeds of the American revolution.
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The battle-fields of a nation are the reminders — as they have been the scenes — of its severest struggles. We recall them, not as Byron described them, merely —
"Weltering fields of the tombless dead,"
scenes of mere physical encounter and combat, but as ground hallowed by patriotic sentiment. Their story is the broad outline of the nation's history. Around them cluster memories of a nation's hopes and its fears, of its days of gloom and of sunshine, of its strength and its weakness, of its heroes and its cowards, of its joys and its sorrows, of its triumphs and its defeats. No battle-field can be dear to a people where the blood shed was not consecrated to a good cause. For this reason we Americans love our battle-fields. They speak to us of rare courage, of high ambition, of noble purpose and of signal triumph over almost insuperable obstacles. They have been stepping-stones to a better and more powerful civilization. They should ever be the stimulus and inspiration of patriotism.
If I could have my way I would have every American battle-field marked by a suitable monument, and, where possible, set apart and preserved as conse- crated ground. In no more vivid way can the story of our national struggles be illustrated. Such historic .landmarks awaken interest, refresh memories and suggest patriotic thoughts and aspirations. They are potent teachers of our children. Books alone do not convey the full appreciation of famous battles. They lack the realistic sense and the inspiration given by personal observation oh the field. One may be familiar
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with the story of Gettysburg, but until he has himself visited the scenes of the battle, studied the locations of the various commands, and pictured to himself the action of the conflict, he cannot appreciate the full measure of that bitter contest. Nor can one who was not engaged in that battle vividly realize the sacrifice of the soldier dead till, visiting the field, he gazes on the granite colums and marble slabs which mutely indicate the resting places of hundreds of brave heroes.
The time is approaching, and, in some instances, has come, when the lines of our famous battle-fields will become effaced and forgotten, if they are not preserved by suitable monuments. It is now more than a hundred years since the Revolution, and tradition cannot often retain for longer than a century geographical boundaries which nature and man are gradually, effacing. We owe it to ourselves and to our posterity that these historic places be no longer neglected, but preserved to recall to future generations the struggles of their forefathers to make America independent and free.
This sentiment finds ample expression in these exercises to-day. The battle of Trenton was not a great battle, measured by usual military standards alone. But for Americans it must ever have a peculiar interest because of the circumstances under which it was fought, the influence of the victory upon the fortunes of the Revolution, the exhibition which it afforded of superb American courage, and, above all, the splendid demonstration which it gave of the majestic character of Washington. The picture of
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Washington crossing the Delaware on that December night, amid floating ice, is impressed on the mind of every schoolboy, while the plan of the attack and its successful carrying out against such great obstacles justly give the battle and its participants a proud place in the annals of American heroism. In com- memorating that achievement, by the erection of this beautiful shaft on the very ground where Washington stood in directing the battle, the people of New Jersey have performed a praiseworthy service to the people of the entire country. The representative character of this audience indicates the wide-spread interest in the event. The battle-field and the monument belong to New Jersey, but the memory of the battle, the heroism and the victory are shared alike by every American, and are the pride of our common country.
It falls to my lot to-day to formally present to the people of New Jersey the bronze bas-relief which the State of New York has placed upon the base of this memorial column. New York is proud to do this honor — proud especially because by this act she also perpetuates in bronze the part played in the battle of Trenton by one of her most brilliant sons. This casting represents the opening of the fight by Captain Alexander Hamilton and his New York company of artillery. Hamilton was then scarcely past his majority. He had left school to organize a military company and join the continental army. The ability and dis- cipline of his command attracted the attention of his superior officers and he won their favor and confidence.
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In this battle his bravery was marked. Although his fame does not rest upon his military achievements, it is another leaf to his laurels that he suffered the hardship of this historic contest and shared its well- earned honors.
Gentlemen of the Association, on behalf of the State of New York, I present this token of our interest in your work, and trust that it may both emphasize our good will towards our sister State and attest our unity of purpose in the commemoration of this American victory.
THE NATIONAL GRANGE.
Informal Welcome by Governor Flower upon the Occasion of the Annual Convention at Syra- cuse, N. Y., November i6, 1893.
[From the Syracuse Standard, November 17, iSgj.]
Gov. Flower was introduced as the Flower of the country. " Indeed," said he, " it is a great pleasure to me to extend the welcome of this great Empire State of New York. The more I have traveled through this union of states, and I have done the Yosemite, have enjoyed the mild climate of southern California, have been through Texas and Florida, all over in fact, but the more I have traveled, when I return to New York and think of its glorious possi- bilities and its glorious accomplishments, all other States are to New York as a farthing candle is to
PUBLIC PAPERS OF GOVERNOR FLOWER. A^S
yonder shining electric light." This was received with great applause and laughter.
Gov. Flower then said that "the Grange had done much to make the State so great. The moment the great waterway was built through her fertile fields, from the lakes to the sea, New York became the Empire State. New York helped to inhabit the west- ern States and it does a great deal to sustain them now." * * * He went on in his familiar jolly way to tell the grangers how New York State had cleaned them all out at the World's fair, and every claim he made was allowed and cheered with gen- erous applause. His advice on catering to the tastes of the city was timely and pertinent. The reason for the depreciation of land and of wheat in the east was expounded by the Governor. It was held to be the governmental grants in the west. Gov. Flower held that governmental irrigation of lands in the west would be robbery of the New York and New England farmers. All the countries of the world seem to have joined with each other in trying to down farmers of this country in the matter of wheat. Russia, India and the Argentine Republic have opened up their wheat fields in competition. The remedy for the American farmer is to change his crops. Gov. Flower mentioned some of the products for which there is a great demand in the large cities of the east. He spoke particularly of the profits which one Long Island farmer had made on mush- room beds. Gov. Flower prophecied the introduction of the trolley on the Erie canal within a very short
4l6 PUBLIC PAPERS OF GOVERNOR FLOWER.
time. He said he was going to inspect the experi- ments in Rochester next Saturday and was almost certain that the plan would be put into practice. The Governor said that he was glad that New York State had 700 granges and he wished they were 7,000. He said he believed that in the grange the farmers were taught all the new ideas of crop raising. Gov. Flower's welcome was again repeated and he sat down feeling, as he had good reason to feel, that his speech had made a decided hit and was just what was wanted for the occasion.
BUSINESS MEN IN POLITICS.
Abstract of Governor Flower's Remarks at an Informal Reception tendered him by the Chamber of Commerce, Rochester, November 17, 1893.
\From the Rochester Union and A dvertiser, November i8, i8<pj ] » ******
The regular order of business was suspended and the Governor was asked to say something about good roads or any other topic which he might be inclined to discuss. He spoke extemporaneously, and after thanking the Chamber of Commerce for its cordial reception said that he liked to be in, touch with such organizations. " I am a member of the Chamber of Commerce of New York, whose charter dates back to the time of King George. We annulled that charter in 1776 and took a new one under which we now
PUBLIC PAPERS OF GOVERNOR FLOWER. 4^7
flourisli. I know the character of the members of the Rochester Chamber of Commerce, and that it contains a body of active, vigorous, brainy men. These are the men who ought to direct and control the municipal affairs of your city. The cities of this State would not go very far wrong if the business men would attend to their duty. How many of you, while you frequently complain of your aldermen and your supervisors, attend the caucuses of your party ? You neglect the primaries which lie at the bottom of our governmental system and then hurry down to Albany and complain when things go wrong. You would rather stay in your houses, enjoying a cigar after dinner, than go to a caucus if it be but ten rods from your door.
" If matters go wrong in your city you are to blame, for you do not exercise your right of local self- government which you ought. If you should show one-quarter of the interest in the primaries that you do in your business, municipal matters would go much more smoothly.
" If this government goes wrong you are to blame. If you would take an active and uninterrupted interest in public affairs there would be no occasion for you to rise up once in ten years in your might to put down someone who had done wrong. If there are machines in politics, you ought to be in them. You should belong to them and keep their management in good hands. It is as necessary to have an executive head in a political party as in a family or in a business enterprise. 27
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"I think I have a right to lecture you because I did not come here to make a speech. I thought I should come here and meet my friends, have a lunch and get away without being asked to say any- thing. I see nearly all of you plead guilty by your faces, so don't let it happen again."
Governor Flower said that he had been criticised often during his gubernatorial career, as had probably all of his predecessors, and provoked a laugh at the expense of George C. Buell by saying : " Why, even my friend on my right here was highly indignant because I signed the twenty-ward bill and took him out of a silk stocking ward and put him in one of a lower grade."
The speaker then took up the subject of the canals and presented a mass of statistics and information that showed he had made the water highways a matter of much study. "You business men know the importance of commerce and what great strides this State took when the Erie canal was completed and that great waterway tapped the fields of western com- merce. Cities and villages sprang up all along the line. These cities and villages didn't spring up along the line of the Central Hudson Railway, but along the line of the Erie. Very few people to-day appreciate what the canal is to this State. When you see a canal boat you don't know what it represents. A single canal boat carries as much grain as twenty ordinary freight cars. This waterway must be maintained, if the Empire State is to maintain her supremacy. Three million more tons of freight go through the
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great lakes, annually, than go through the ports of the great cities of Liverpool and London combined. Isn't that traffic worth providing for? It is going to increase from year to year. Isn't it worth while to provide for this increase so that all this commerce shall find its way through New York State? England is reaching out for it. The Canadian government is deepening the St. Lawrence channel and the Welland canal channel to fourteen feet. What does that mean? Canada is to-day spending more than $60,000,000 on the improvement to her canal and waterway system.
" When her fourteen foot channel is completed, a two thousand ton boat can go through her waterways from the great lakes to the ocean. We must do something if we expect to be ready to meet this competition. The United States are already doing something. It is making a twenty foot channel all the way from Duluth to Buffalo. When that is completed we can compete with Canada with the advantage on our side, for three thousand ton boats can then come as far as Buffalo, and with their advantage in size will take freight away from the Canadian boats. The problem will be then to find an outlet for this commerce from Buffalo to the sea.
" How to do this is the question. I have been importuned to favor a ship canal through the State. I do not believe this to be necessary, at present, at least, and it would not only be enormously expensive but perhaps impracticable. We must remember that at present the Erie Canal does not carry half of what it is capable of carrying, largely because of the slow-
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ness of transit. Increase the speed and you increase the tonnage and the capacity. That is where this scheme of electrical propulsion is to come in.
" If power can be obtained from Niagara, as it is suggested it can be, fifty cents a day will get the power for a canal boat that requires four mules and two men now. That means cheapening the rates for carrying freight. It means that two cents and a-half will carry a bushel of grain from Buffalo to New York. Another two cents and a-half is going to deliver it in Buffalo from Duluth. Five cents bring a bushel of wheat from the wheat fields to the . metropolis. Isn't that going to beat the Mississippi route or the Canadian route, or any other route? When this is done wheat is not going to stop in Minneapolis."
The Governor then referred to the experiment of employing electricity as a motive power.
From the canals he branched off to the subject of good roads. He said he had Monroe county in mind when he prepared that portion of his last annual message which related to this subject. In his remarks upon this topic the Governor addressed himself more par- ticularly to the supervisors present. He said he had thought it would be a good thing to extend the length of their term of office, so that if they made an appropriation for road improvement the people would not have an opportunity to turn them ovX of office until the benefits of the improved roads began to be apparent. The farmers would not complain of the expense, so the Governor thought, because the burden of the cost would fall on the cities.
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The Governor spoke enthtisiastically of the State's common school system, and said he believed the edu- cational system of New York was the best in the country. He also said that he had made a careful inspection of the institutions for the insane and feeble- minded throughout the State, and had found them conducted on an excellent and business-like basis.
In closing Governor Flower said : " I want you and every business man in this State to see that we have an honest ballot and a fair count. You can't afford to allow any man to vote four times while you are voting once. Maintain the purity of the ballot. Do your duty towards your government ; it's worth preserving."
ELECTRICITY ON THE CANALS.
Governor Flower's Remarks at the Conclusion of THE Experiments near Rochester, November i8, 1893.
\From the Rochester Post-Express reports, November iS, iSgj.~\
As the boat passed into the first lock three rousing cheers for the State of New York were given and these were immediately followed by three cheers for the Governor of the Empire State. The crowds on the . bank joined in the shout.
As the boat passed out of the lock the Governor, who had taken his position in the stern, made a brief speech in which he expressed satisfaction over the result of the test.
422 PUBLIC PAPERS OF GOVERNOR FLOWER.
In his speech Governor Flower said: "In 1825 when Dewitt Clinton started from Buffalo for Albany on a canal boat, he had a military company as an escort, but there was no electricity to move boats or transmit news. They sent the fact of his starting, from Buffalo to New York, by the successive discharge of cannon along the bank, and the time occupied was an hour and fifty minutes. The people gathered along the canal rejoicing at the improve- ment. Only forty tons of merchandise were sent from Buffalo to New York that year, but now 3,000,000 tons are sent through annually. I believe when this electric system is perfected there will be 12,000,000 tons sent from the west to the seaboard and without great cost to the people for canal purposes. This experiment will give new life to the commerce of States along the great lakes and make the transporta- tion on the Erie canal equal to that on the Mississippi.
" I regard it as a great privilege, as Governor, to witness this experiment which marks the change from horse and mule power on the canal to electricity, which I believe will quadruple the usefulness of the canal."
The Governor was loudly cheered at the close of his speech.
CORRESPONDENCE.
CORRESPONDENCE RELATIVE TO LEGISLATION AFFECT- ING LOCAL OFFICERS IN THE CITY OF BUFFALO.
Buffalo, N. Y., April 20, 1893. Hon. RoswELL P. Flower, Governor , Albany , N. Y. .
Charges have been preferred to the Mayor of Buffalo against Joseph E. Gavm, Comptroller, of misconduct in office, which, if sustained, would disqualify him for exercising the power of appointing police and excise commissioners, which is given to him by the bill rushed through the Legislature yesterday. On behalf of the committee of citizens appointed at a public meeting on last Monday, I ask you to withhold your approval of the bill until these charges can be investigated.
J. N. ADAM,
Chairman.
State of New York.
Executive Chamber,
Albany, April 20, 1893.
J. N. Adam, Esq., Chairman, etc., Buffalo, N. Y,:
Your telegram received. I am directed by the Governor to say in reply that while under ordinary circumstances he would willingly grant you a hearing upon any bill pending before him, the dignity of the law- making branch of the government is not to be insulted by hastily planned and arbitrary efforts on the part of local authorities to nullify the laws of the State by the summary removal or suspension of local officers charged by statute to perform specific duties within a specific time. Whatever just difference of opinion may exist as to the wisdom of the recent legislation relative to the appointment of police commissioners of Buffalo, the Mayor of that city was, in the Governor's judgment, by no means warranted in preventing the operation of the act by hastily suspending from office one of the persons directed by the Legislature to carry out the provisions of the statute without giving him an opportunity to be heard on the charges preferred against him until after the date set for the performance of the duty had elapsed. The intimation conveyed in your dispatch that similar official action may be taken to prevent the carrying out of a subsequent act of the Legislature precludes the Governor from any thought of granting a hearing, whose chief purpose,
424 PUBLIC PAPERS OF GOVERNOR FLOWER.
as implied in your telegram, is to gain time for nullifying the proposed statute. He, therefore, respectfully declines to comply with your request.
T. S. WILLIAMS,
Private Secretary.
THE TONA WANDA STRIKE.
TELEGRAMS BETWEEN LUMBER DEALERS AND GOVERNOR FLOWER RELATIVE TO CALLING OUT TROOPS.
ToNAwANDA, June 22, 1893. Hon. RoswELL P. Flower, Governor :
We comprise the lumber firms doing business in Tonawanda, Erie county. We cannot land our lumber on our docks because no protection can be obtained from the sheriff, and none from the village authorities, sufficient to induce our men to attempt to unload vessels now here or to arrive. North Tonawanda, Niagara county, is protected by military. Laborers are working there, and we have been obliged to transfer our vessels to the docks in that county to unload barges. We cannot do that with all vessels due this week, and we urgently appeal to you for military protection so that we may be able to transact our business on our docks and property in Erie county. We have a full force of men who want to work, and they have consistent reason for the fear which leads them to refuse to work without ample protection. We respectfully demand of you, as our chief magistrate, immediate relief from our present embarrassing position.
EASTERN LUMBER CO.
L. C. W. FASSETT & BELLINGER.
HUMBOLDT & BELLINGER.
Watertown, N. Y,, June 22, 1893.
P. W, ScRiBNER, Eastern Lumber Company, etc., Tonawanda, JV. Y. : The sheriff of Erie county has ample power, and it is his duty, to pre- serve the peace of his county. He can summon a posse of citizens, and when they fail he can summon the National Guard of his and adjoining coimties to his aid. When they are all insufficient he can ask the Governor to aid him. But he is the judge of the situation. I have wired him the substance of your dispatch and have asked him to do his duty,
ROSWELL P. FLOWER.
Watertown, N. Y., June 22, 1893. August Beck, Sheriff, Buffalo, N. Y. :
The lumber dealers of Tonawanda, through P. W. Scribner, wire me that they cannot land their lumber as it arrives on the boats because they
PUBLIC PAPERS OF GOVERNOR FLOWER. 42S
have no protection for their men, and that you have refused to aid them. Your duty is a plain one, and I expect you to do it. You have power to summon the law-abiding citizens of Erie county to aid you, and the National Guard of your and adjoining counties, if necessary. Peace and good order must be maintained at any cost.
ROSWELL P. FLOWER.
THE CIVIL SERVICE LAW. CORRESPONDENCE RELATIVE TO ALLEGED VIOLATIONS.
Governor Flower to the Civil Service Commission.
State of New York.
Executive Chamber,
Albany, July 5, 1893.
To THE Civil Service Commission, Albany, N. Y. :
Gentlemen . — I observe in the pubUc press charges of appointments in State departments in violation of the civil service law as to competitive examinations.
Will you inform me whether any appointments have been so made con- trary to the law; when Such appointments, if any, were made; how many of such appointments there are, and such other information and sugges- tions relative thereto as 3'ou may deem necessary to a full understanding of the present operation of the law?
I desire to have the civil service law, as well as all other laws, faithfully administered during my incumbency of the executive office.
Yours truly,
ROSWELL P. FLOWER.
Reply of the Commission.
State of New York. New York Civil Service Commission, Albany, July 5, 1893. To THE Governor:
Your communication of the fifth is received, and in answer we desire to say that the matters therein referred to have had our careful consideration since the formation of the present commission in the early part of the present year.
At our first meeting we discovered that there existed 154 seeming violations under schedule D and a number under schedules B and C of the civil service rules. Subsequent investigation showed that most of these
426 PUBLIC PAPERS OF GOVERNOR FLOWER.
violations had existed for a long time, some of them as early as 1886. Many of the violations had grown up through ignorance or misinterpreta- tion of the law. We also found that the former chief examiner of the civil service commission had entered into an arrangement with the Comp- troller by which the men thus appointed should remain undisturbed upon the condition that the Comptroller should refuse in future to pay any person coming under civil service rules who did not have a certificate from the civil service commission that he had been placed upon the eligible list, which agreement the Comptroller states he has carried out. There were a number of violations, notably in the Asylum for Feeble Minded Children and the Industrial School at Rochester, where the former chief examiner of this commission had made no provision whatever for examinations, although requested by the institution so to do, and the appointing powers were obliged to violate the strict letter of the law in order to carry on the work of their several institutions.
At every meeting of our commission since its formation we have done our best to remedy the existing state of affairs, and are pleased to be able to report at this time that we have reduced the number of violations from 154 to 34, under schedule D, and have largely reduced the number of alleged violations under schedule B. This has been accomplished largely through the co-operation of the appointing powers, who have treated all our communications in regard to these matters courteously and with an evident desire to obey both the letter and spirit of the law, and more particularly we have been aided by your indorsement and approval of our acts.
With reference to the remaining violations we are confronted by this difficulty : Many of the appointees have been long in service and have proven valuable ofBcials. In addition to this, we are unable under the existing law to enforce the rules, there being no adequate provision in the civil service laws for that purpose During the latter part of the last session of the Legislature, at your suggestion, we had several conferences with yourself and Prof. Collin with reference to amending the law so as to render such violations impossible in the future, but were unable in the limited time before the adjournment to procure such legislation. We are now at work upon such amendments as we believe would cure the defects of the present law and insure its enforcement in the spirit which your letter manifests, and respectfully suggest that such recommendations as we may make be allowed to appear in your forth- coming message, to the end that the Legislature may promptly aid us in carrjring out the work for which the commission was created.
Yours very respectfully,
E. PRENTISS BAILEY, Pres. W. D. McKINSTRY, DE F. VAN VLEET,
Commissioners.
PUBLIC PAPERS OF GOVERNOR FLOWER. 42/
In Regard to an Address issued by the New York Civil Service League — Letter from Hon. Matthew Hale.
Law Offices of Hale & Bulkley, 25 North Pearl street,
Albany, N. Y. , October 31, 1893.
My Dear Governor Flower. — I was surprised to find on the evening of Fridaj' last, au " Address to the People of the State " which purported to be signed by myself as President and by the Secretary of the New York Civil Service League, containing some derogatory statements in regard to you.
t was not present at the meeting at which the so-called "address" was adopted, never signed it or authorized anyone to sign my name thereto. The statements with respect to you therein, I entirely disapprove of, and as soon as I saw the document, notified the Secretary of the League of my disapproval.
I have since been informed that the paper was left with a person here with instructions not to publish it unless it was submitted to me and approved by me; but it seems that by mistake these instructions were disregarded.
Very possibly you may not have seen this document ; but I feel that in justice to myself, I should apprise you of the facts as above stated. I have requested the Secretary not to continue in any way the publication of the paper, and he has assured me that it will not be done.
Regretting very much that my name should have appeared signed to a document which I regard as unjust toward you, I remain
Very truly yours,
MATTHEW HALE. Gov. Roswell p. Flower:
P. S. — I should have written earlier, but understood you were away from home.
M. H.
NEW YORK AND THE WORLD'S FAIR
CORRESPONDENCE BETWEEN PRESIDENT HIGINBOTHAM AND GOVERNOR FLOWER.
President Higinbotham's Letter
World's Columbian Exposition. Executive Department,
Chicago, September 22, 1893.
The Hon. Roswell P. Flower, Governor of New York, Albany, N Y. :
Sir. — By direction and on behalf of the management of the World's Columbian Exposition, I am delegated to express its appreciation of the
428 PUBLIC PAPERS OF GOVERNOR FLOWER.
personal and official interest taken by yourself and the representatives of the State of New York in the Exposition. That this interest succeeded in evoking the active and intelligent co-operation of the citizens of your Commonwealth is clearly exemplified in the creditable display of exhibits made by the citizens of New York, and by the fact that upon New York Day the co-operation of the citizens of New York gave to the Exposition an attendance greater by many thousands than we have had on any other Monday since the opening of the Exposition season.
Moreover, the Board of World's Fair Managers of your Commonwealth has at all times afforded the management of the Exposition most generous and hearty assistance, and a debt of gratitude is due them for their zeal and earnestness at many stages of the Exposition season.
For all the manifestations of patriotic interest in this national under- taking which the management has experienced at the hands of yourself and the members of the Board of World's Fair Managers of your State, I beg to assure you that the people of Chicago and the State of Illinois are deeply grateful.
With assurances of most distinguished consideration and regard I am, with respect, your obedient servant,
H. N. HIGINBOTHAM,
President.
Governor Flower's Reply.
State of New York.
Executive Chamber,
Albany, October 9, 1893.
H. N. HiGiNBOTHAM, EsQ., President World's Cohimbian Exposition:
Dear Sir. — Upon my return to Albany, after an absence of several days, I find your letter of the twenty-second ultimo, written on behalf of the World's Columbian Exposition, and I beg to express my warm appre- ciation of the kind sentiments which it conveyed.
I am sure I express the feeling of the people of New York when , in reply, I assure you, and through you, the gentlemen associated with you in the management of the Exposition, and also the citizens of Chicago, that we feel as though we had been particularly favored in the facilities which have been afforded our people for the exhibition of the State's products and resources. Without such generous treatment from the officers of the Exposition and the people of Chicago, our best efforts must have failed to attain the success which is now our pride.
The Exposition has brought closely together the metropolis of the East and the metropolis of the West, and the mutual respect and courtesy thus generated cannot fail to have an excellent effect in cementing the ties which bind the two cities.
The Exposition has deservedly aroused for Chicago the admiration of the world. No other city could have done what she has done in prepara-
PUBLIC PAPERS OF GOVERNOR FLOWER. 429
tion for and consummation of the Fair. Her people worked against great obstacles. They found little sympathy from the press of the east or from eastern people. They had difficulty in securing government aid. But their victory is all the greater for these obstacles, and the Exhibition will be well worth, in the universal praise and admiration which it has won for the people of Chicago, all and much more than it has cost in money.
Personally I am glad my own confidence in the enterprise and energy of Chicago has been so splendidly vindicated, and both personally and officially I feel under obligations for the courtesy and generous treatment which have been manifested by your Board toward New York State. Again thanking you for the kind expressions of your letter, believe me.
Very truly yours,
ROSWELL P. FLOWER.
KINGS COUNTY ELECTION TROUBLES.
CORRESPONDENCE AND OFFICIAL ACTION RELATIVE THERETO..
Citizens to Governor Flow^er. [Telegram.]
Brooklyn, N. Y., November 7, 1893.
To RoswELL P. Flower, Governor, Albany, N. V. :
Dear Sir. — You doubtless know of violent interference by McKane, chief of police and others aiding and abetting, in the, town of Gravesend, Kings county, with fair election and rights of electors, and also con- temptuous and violent interference by those men since Saturday last and with citizens acting under decision of Supreme Court. All this was followed this morning by criminal exclusion of lawful watchers protected by orders of Supreme Court, violent assaults upon those watchers and their illegal imprisonment accompanied by open denunciation and defi- ance of Supreme Court. Orders of Supreme Court of no avail. Appeal to sherifi made in vain for protection. He peremptorily refuses. We citizens of Kings county ask your instant interference as Governor of the State in this grave and unprecedented emergency. We ask this in behalf of citizens generally and of law, order and fair play.
Respectfully,
WILLIAM G. LOW. FRED W. HINRICHS. EDWARD M. SHEPARD. A. AUGUSTUS HEALY. J. WARREN GREEN. THOMAS G. SHEARMAN. GEO. FOSTER PEABODY.
43° PUBLIC PAPERS OF GOVERNOR FLOWER.
The Governor's Reply. [Telegram.]
Albany, N. Y., November 7, 1893.
To William G. Low and Others, Brooklyn, N. Y. :
Your telegram just received at 4.15 o'clock after my return from New York. It does not state in what respect the sheriff has failed to do his duty, but I have wired him that complaint has been made against him and have directed him to do his full duty under the statute in the preser- vation of order and the enforcement of law, to the end that an honest election and a fair count shall be had. All public officers over whom I have the power of removal must do their full duty or they will be removed
from ofiSce.
ROSWELL P. FLOWER.
Governor Flower to Sheriff Courtney. [Telegram. ]
Albany, N. Y. , November 7, 1893.
To John Courtney, Sheriff, Brooklyn, N. Y. :
It has been represented to me by citizens of Kings county that you have peremptorily refused to do your legal duty in the matter of to-day's trouble at Gravesend. I am not in possession of exact facts in the matter, but I call your attention to my proclamation of yesterday, published in this morning's papers, and I shall expect you to do your full duty under the statute in the preservation of order and the enforcement of law, to the end that there shall be an honest ballot and a fair count in your county. Failure to do this will be considered cause for your removal from oflBce.
ROSWELL P. FLOWER.
Sheriff Courtney's Reply. [Telegram.]
Brooklyn, N. Y., November 7, 1893. Hon. Roswell P. Flower, Albany, N. Y. : Telegram received. No truth whatever in the report made to you.
JOHN COURTNEY,
Sheriff.
e UBLIC PA PERS OF CO VERNOR PL 0 WER. 4 3 1
Mr. Gaynor to Governor Flower. To the Governor : Brooklyn, November n ,1893.
You must already be generally informed of the grave crimes against the franchise and against individuals committed in the town of Gravesend before and at the recent election. It was my desire to go to Albany at once and confer with you, but as I have not been able to do so I now write to you.
I respectfully request that you have the Attorney-General at once appoint one or more special prosecuting oflScers for this county, to pro- ceed forthwith to collect the evidence and prosecute the guilty.
The district attorney of this county, openly in court, in the newspapers, and in public campaign speeches, sided with McKane and the other officials of Gravesend in the gross crimes which they were committing. Since the election he has, of course, done nothing to bring them to justice.
We have no other official authority under and through which the evi- dence, now easily at hand, may be collected and systematized before it becomes disdpated. The general public does not always reflect how precisely and carefully such things have to be done. It is easy to hurry into court, but fatal to get there without due foresight and preparation.
I shall not here fully recount the crimes committed at Gravesend, but shall outline some of them.
With a population of 8,418 in the town of Gravesend, as shown by the State census last year, 6,218 names of alleged voters were put upon the registry lists this year.
McKane and the inspectors of election then entered into and carried out a conspiracy to prevent the registry lists from being inspected and copied. Application being made to the courts, the inspectors concealed themselves to prevent the service of notice of legal process on them, and, as I am informed, left the State.
McKane brutally assaulted and locked up the copyist sent to the town to demand the registry lists in order to copy them.
The district attorney openly sided with McKane and the other officials in the commission of these acts. In addressing a large public meeting on Monday evening before the election he ridiculed, by name, a candidate for office who was striving to get the lists, and said he could not bulldoze the officials of Gravesend, and that on the day after election he could eat all the votes he could get in the town of Gravesend.
I regret to write down such language here, but I desire to make you understand the actual situation. The brutal assault committed by McKane and his officers on election morning upon twelve citizens of Brooklyn of the highest standing, who, as volunteers, had gone down to the polls there as legal watchers, was the natural result of the conduct of the district attorney.
432 PUBLIC PAPERS OP GOVERNOR FLOWER.
McKane was warranted in feeling that he would be safe, from pubUc prosecution, and no one here is at all surprised that the district attorney- has not taken a single step to bring to punishment those who committed these enormous and shockmg crimes.
Anticipating the course which McKane intended to take, an injunction was obtained from the Supreme Court forbidding him to prevent these lawful watchers from taking their places and performing their duties. They went down to Gravesend with this injunction in their hands and under its protection, but it was defied openly and treated with ridicule and contumely.
Holding it up as a shield these citizens were brutally struck down, cut, bruised, kicked and trampled upon, and four of them were carried off and locked up in the police station.
I have been elected to an office which disqualifies me from prosecuting the perpetrators of these crimes ; but I cannot and shall not sit silent and see these gross outrages against honest people go unredressed. I shall resign the office first. I feel safe in appealing to you, and I am certain that you will act as speedily as may be.
I also respectfully request you to have the Attorney-General give an opinion as to the Governor's power to remove the officials, including two justices of the peace, who joined in, connived at, or encouraged the crimes to which I have called your attention.
Respectfully, W. J. GAYNOR.
District Attorney Ridgway to Governor Flower.
District Attorney's Office,
Brooklyn, N. Y. . November 13, 1893.
The Hon. R. P. Flower, Governor, Albany, N. V. :
Dear Sir. — I have observed in the public press a letter addressed to you by "William J, Gaynor of this city in which he requests that you ' ' have the Attorney-General at once appoint one or more special prose- cuting officers for this county, to proceed forthwith to collect the evidence and prosecute the guilty" concerned in the recent election performance at Gravesend. The ground for this unusual request is the lack of confi- dence which Mr. Gaynor professes to have in the disposition of the present district attorney to prosecute the alleged offenses.
I have no desire to take issue with Mr. Gaynor as to the sincerity which marks the discharge of my official duty, and I pass over without comment his personal allusions to myself. I am answerable for my official acts, not to him, but to the people of Kings county, who have four times honored me with their confidence, and, if I have violated, or am violating, my official oath, the law provides the method of my removal from office, as you are aware.
PUBLIC PAPERS OF GOVERNOR FLOWER. 433
I desire to say, however, that, while not skirking any proper responsi- bility, I hope you may see fit to comply with Mr. Gaynor's request, so far as it may be in your power. From a hasty consultation of the statutes I am not sure that they give you or the Attorney-General the authority to appoint a special prosecuting officer, who would have access to the grand jury, but I wish to relieve you of any such embarrassment by asking you to suggest to me the names of one or more capable and honest lawyers whom I can appoint as my assistants, and to whom I can turn over the entire care and responsibility of collecting the evidence and conducting the prosecutions of all persons who have been guilty of violating the laws in the recent election troubles in Kings county. I shall cheerfully appoint such persons as you may suggest, and shall see that the entire facilities and powers of the district attorney's office are placed at their disposal for the discharge of their duties. They will have access to the grand jury, wiU act for the district attorney before the grand jury, and will, undoubt- edly, co-operate with committees of citizens in bringing all offenders to justice.
Such a course would be in harmony with the law, and would obviate any possible legal objections which might be raised against the direct appointment of special prosecuting officers, while it would accomplish in effect the same purpose.
I trust that this request may receive your affirmative consideration, and that you will recommend to me such persons as you think are best fitted for this responsible task. With respect, I remain.
Very truly yours,
JAMES W. RIDGWAY.
Telegram from Mr. Gaynor to Governor Flower.
Brooklyn, N. Y., November 14, 1893.
Governor Flower, Albany :
I see some doubt expressed about power. I trust you will not act
definitelv one way or other till I may see you.
W. J, GAYNOR.
Governor Flower to District Attorney Ridgway.
State of New York.
Executive Chamber,
Albany, November 14, 1893.
James W. Ridgway, 'E.^q,. , Distnct Attorney, Brooklyn, N. Y. .-
Dear Sir. — I am in receipt of your letter of yesterday's date, and, agreeably to your suggestion, I would recommend as suitable persons to 28
434 PUBLIC PAPERS OF GOVERNOR FLOWER.
prosecute the recent election oflEenders in Kings county, in behalf of the district attorney, Messrs. George G. Reynolds and Edward M. Shepard. These gentlemen are well known in Brooklyn, and nobody, I think, will question their fitness for this task. Both have been identified with pre- liminary movements ot citizens having for their object the discovery and punishment of recent election outrages. There should be no partisanship in such an undertaking, and I have accordiagly named one Republican and one Democrat.
Permit me to assure you that the Executive and law departments of the State government stand ready to afford every possible assistance to the successful prosecution of these or any other offenses against order and law, and the full power of the State will be exerted to see that crimes and criminals are brought to justice,, whether found in Kings county or in any other county of the State.
Yours respectfully,
ROSWELL P. FLOWER
Governor Flow^er to Mr. Gaynor.
State of New York.
Executive Chamber,
Albany, November 14, 1893.
Hon. William J. Gaynor, Brooklyn, N. Y. :
Dear Sir. — Your letter of the tenth inst , in the matter of the recent election outrages in Gravesend, was received yesterday. You request that I "have the Attorney-General at once appoint one or more special prosecuting officers for this (Kings) county to proceed forthwith to collect the evidence and prosecute the guilty," and you give as your reason for this request the alleged disinclination of the district attorney to bring the offenders to justice.
You can be no more desirous than am I that speedy and complete justice shall be meted out to all who have been guilty of illegal acts, and I desire to assure you, at the outset, of my earnest sympathy with your determination not to sit silent and see these outrages go unredressed. But as you observed in your letter, " It is easy to hurry into court, but fatal to get there without due foresight and preparation " For this reason I have delayed answering your communication until I should have conferred with the Attorney-General as to the exact extent of his and my official powers in the present emergency. There is no doubt that the Governor or a justice of the Supreme Court may require the Attorney- General to " attend the courts of Oyer and Terminer for the purpose of managing and conducting a criminal action or proceeding therein," but the question has been suggested whether such a prosecuting ofiicer as you desire to have appointed could take the place of the district attorney
PUBLIC PAPERS OF GOVERNOR FLOWER. 435
in his relations with the grand jury. The proper determination of this question is, of course, important, for it would not be wise to risk a failure of justice by any possible legal defects in the manner of the procuring of an indictment.
As intimated in your telegram to-day, I have no doubt you have given serious attention to this point, and I should be glad to consult you further in the matter, but the letter of the district attorney which I received last night and which is published in this morning's papers, makes unnecessary any determination of this question at present, and opens a clear and straightforward path for attaining the same ends. The district attorney requests me to recommend to him the names of one or more suitable persons to whom he may give official standing as assistant district attorneys with full power and facilities for representing ■ himself, both before the grand jury and on the trial in all criminal matters rising out of the recent election troubles. This request is manly and fair, and I have to-day recommended to him two persons for this task, both of whom I dare say will strongly commend themselves to you as eminently fitted for the work in disposition, in integrity and in ability. One is Hon. George G. Reynolds, formerly city judge of Brooklyn, a much respected and thoroughly competent man. The other is Edward M. Shepard, a prominent lawyer, a fearless man and a citizen who has been especially active with yourself in endeavoring to prevent election outrages. Because partisan considerations should have no weight in any vindication of justice or punishment of crime, I have preferred to recommend to the district attorney one Republican and one Democrat. These gentlemen, if they will accept this official duty and responsibility, will have all the facilities of the district attorney's office at their command, will apoear for him before the grand jury in all these matters, and, as he suggests in his letter to me, will undoubtedly co-operate with committees of citizens in ferreting out the law breakers and in bringing them to justice.
This action will, I have no doubt, secure the thorough and vigorous prosecution of all accused officials or others, in Gravesend or in any other part of Kings county, who have been guilty of violating the law at or before the recent election. If these measures are not sufficient, you may rely upon the Governor and the Attorney-General to exercise the full powers of their offices to right what indeed seems to have been a gross outrage on liberty and honest elections.
You also request me " to have the Attorney-General give an opinion as to the Governor's power to remove officials, including two justices of the peace, who joined in, connived at or encouraged the crimes to which you have called my attention." So far as the justices of the peace are con- cerned, that question is answered by article 4, section 18 of the State Constitution, which provides that "justices of the peace and judges or justices of inferior courts not of record, and their clerks, may be removed, after due notice and an opportunity of being heard, by such courts as may
43^ PUBLIC PAPERS OF GOVERNOR FLOWER.
be prescribed by law,'' and the law (viz , sec. 132 of the Code of Criminal Procedure) provides that they are removable by the Supreme Court at a General Term. The Governor, therefore, has no authority to remove justices of the peace.
What other officials "joined in, connived at or encouraged" these crimes in Gravesend I have no exact information, and you do not mention them by title or name. The Governor has no power to remove the chief of police or election inspectors. He has the power to remove sheriffs or district attorneys, after giving to such officer a copy of the charges against him and an opportunity of being heard in his defense. Although I have been asked by individual citizens to remove the sheriff of Kings county, because of his failure to do his duty, and although your letter attributes bad faith to the district attorney, not a specific charge of misconduct in office has been filed with me against either ofl&cer. I need not assure you again, for I have already assured the people of the State in the proclamation which I issued before the election, that any willful violation of the law by any sheriff or district attorney will be considered cause for his removal. But until specific charges against public officials are laid before the Governor, or until he has specific information of violation of duty, he is bound to assume that the officials are discharging their duties. Arbitrary and unlawful acts on the part of the Executive would be even more reprehensible than lawlessness on the part of his subordinates. The organic law of the State prescribes that no person shall be deprived of his property without due process of law ; it is equally just that no public officer should be disgraced in the sight of his fellow-men by removal from office upon frivolous or unsupported charges. There must be specific and willful violations of the law and duty, and where these exist it is the duty of every good citizen to make them known in the proper way to the proper authority for their rebuke and correction. So far as my official power and responsibihty go, citizens of any locality may rest assured that all honest efforts to secure the removal of unfaithful and negligent officers will receive, at my hands, prompt, fearless and impartial consideration.
Rest assured, my dear sir, that I sympathize with you and aU good citizens in the punishment of wrong-doers, and you and they may rely upon my hearty support and co-operation in any cause which has for its object an honest ballot and pure government. Let there be no mistake about this.
Yours truly,
ROSWELL P. FLOWER.
PUBLIC PAPERS OF GOVERNOR FLOWER. 437
Telegram to Messrs. Reynolds and Shepard.
Albany, N. Y, , November i6, 1893.
Hon. George G." Reynolds, Brooklyn, N. V. :
I see, by published interviews, that you have some hesitation in accepting the commission of the district attorney to take charge of the prosecutions in the recent election frauds. I sincerely hope you will not refuse to undertake the task. Your name was suggested by me to the district attorney, after careful reflection, and I believe you are particularly fitted for undertaking the work, and the approval which your .selection has received from the public shows how much confidence the people have in you. I am assured by the district attorne}"- that the entire machinery of his office will be placed at your command, and that you will have sole and complete charge of these prosecutions. If this is not sufficient you may count on the active co-operation of myself and the Attorney-General to the full extent of our power. If you are hampered in any improper way in bringing criminals to justice I shall expect you to inform me of it and you shall have whatever assistance I can give you in the premises. Be assured that there is no other disposition here than to vindicate the law and to bring the guilty to justice, no matter where they may be found.
ROSWELL P. FLOWER.
[A duplicate of the above was simultaneously dispatched to Edward M. Shepard, Esq.]
Mr. Gaynor's Second Letter to Governor Flower.
Brooklyn, November 16, 1893. To the Governor :
I beg to acknowledge the receipt of your favor of November 14, 1B93, in answer to my letter to you of November 11. I sent you a tele- gram on November 14 requesting you not to take action until some of us could be heard, because- I saw from the newspapers that a doubt existed in the Attorney-General's office as to the power of that officer to act. I renew my request that some of us be heard before a final disposition be made of this important matter. I had, from boyhood, seen the Attorney-General intervene in criminal prosecutions, and had no doubt of his power to do so in the present instance when I wrote to you, though I had not had the time to look up the precise statutes which give him that power.
I beg now to call your attention to section 52 of the Executive law, as revised in 1892. Subdivision 2 thereof says, in so many words, that the Attorney-General shall, ' ' whenever required by the Governor or a justice of the Supreme Court, attend the Courts of Oyer and Terminer for the
438 PUBLIC PAPERS OF GOVERNOR FLOWER.
purpose of managing and conducting a. criminal action or proceeding therein." Instead of applying to a justice of the Supreme Court, as this provision permits, the disposition was and is to apply to the Governor, as it also permits, and that is what I have done- If the Attorney-General be required to proceed under the provision I have cited, he and his depu- ties will have the power to go before the grand jury, which I need not say to you is the most important point of all. Indeed, that is the chief thing which those who have these prosecutions at heart have in mind.
But how is it with regard to the special counsel which you request the district attorney to have appointed? Will they have any right to go before the grand jury, and secure a proper hearing there, and be the official advisers of that body ? I suppose you are aware that the district attorney would officially advise the grand jury that they are without jurisdiction to indict for misdemeanors. Such was the advice given by him in the Columbian wrongs, and adhered to by him in the street-franchise wrongs. To send such cases to police justices would be ludicrous.
I suppose your recommendation to the district attorney is based on section 204 of the county law, as revised in 1 892. I beg to call your atten- tion specially to the fact that that section only enables the district attorney, with the consent of the county judge, to employ counsel to assist him in the actual trial of a cause. It does not seem that counsel so employed would have the right to go before or advise the grand jury. Indeed, if such counsel advised the grand jury, would not that fact require the court to set aside an indictment found under such advice ? It does not seem that such counsel may be appointed at all until after an indictment is found.
I trust that time will be found, in spite of your many pressing official duties, to give a hearing to those here who would regard a wrong step in this matter as a public misfortune. The chief thing they want is an official representative before the grand jury. It is useless to talk of the mere trial of the indictments. The matter in hand now is to have a proper hearing before the grand jury, and have indictments found which shall be worth something on the day of trial.
I shall now be obliged to take leave of this matter, and should, there- fore, like to reter you to Mr. Edward M. Shepard.
Yours respectfully, W. J. GAYjSTOR.
Governor Flower's Reply. [Telegram.]
Syracuse, N. Y., November 17, 1893. To the Hon. W. J. Gaynor, Brooklyn N. Y.:
I perceive in the morning papers a letter addressed by you to me in the matter of the Gravesend prosecutions. I do not believe you would intentionally misrepresent my attitude in the matter, but if you will refer
PUBLIC PAPERS OF GOVERNOR FLOWER. 439
to my letter of the fourteenth instant to yourself, also to the published correspondence between District Attorney Ridgway and myself, and again to my published telegram yesterday to Messrs. Reynolds and Shepard, you will see that at no time have I had any other idea than that the special prosecuting officers should have access to the grand jury. It was because of my insistence upon this point that I hesitated to comply with your original request to require the Attorney-General '"to at once appoint one or more special prosecuting officers " for this pur- pose. I had no doubt of my power to require the Attorney-General to appear in criminal prosecutions in the Court of Oyer and Terminer, and in my letter to you I quoted this statute, which you now refer me to as an original discovery. But the ground of my hesitation was, as I wrote you, whether such a prosecuting officer would legally have access to the grand jury. You seem to think he would — other equally distinguished lawyers assured me that there was a doubt about it, and I was referred to one case where an indictment was quashed because a special prosecut- ing officer, representing the Attorney-General, had appeared before the grand jury. My anxiety to avoid any miscarriage of justice was so great that I did not wish to take the risk of a quashing of an indictment through a technicality. So, when the district attorney offered to appoint as assistant district attorneys the gentlemen whom I should name, I quickly accepted his suggestion, for, when clothed with the power of assistant district attorneys, there could be no question of their right to appear before the grand jury.
You ask me: " How is it with regard to the special counsel which you request the district attorney to have appointed? Will they have any right to go before the grand jury ?"
I never requested the district attorney to appoint special counsel. His assurance to me was that he would appoint these men assistant district attorneys, as you will see from his letter, and if he has not done so he has violated his promise I have to-day wired him that I shall expect him to do as he promised, even if necessary to require the resignation of two of his present assistants.
Following the precedent established in the Henry Bergh case, who
was made assistant district attorney and also subsequently was endowed
with the written authorization of the Attorney-General to appear for
him in a certain prosecution, I have asked the Attorney-General to confer
also upon Mr. Reynolds and Mr. Shepard power as deputies to represent
him, so that they will be doubly fortified, and if there is any doubt about
their ability to appear before the grand jury as representatives of the
Attorney-General, there will be no doubt as assistant district attorneys.
Permit me to say that I shall gladly avail myself of your suggestion to
conduct further correspondence on this matter with Mr. Edward M.
Shepard, and I shall also be pleased to include in my conferences, although
not named by you, Mr. Reynolds, his associate, and the members of the
citizens' committee of twenty-five.
ROSWELL P. FLOWER.
44° PUBLIC PAPERS OF GOVERNOR FLOWER.
Telegram to District Attorney Ridgway.
Syracuse, November 17, 1893.
James W. Ridgway, District Attorney, Brooklyn, N. Y. :
I observe that you have designated Messrs. Reynolds and Shepard as
'■counsel" to assist the district attorney in the prosecution of election
offenders. There is some question whether such " counsel" could legally
represent you before the grand jury, and any doubt of this kind should
be removed by their appointment as assistant district attorneys. In
your letter to me you promised to give them such legal standing, and it
was upon that assurance that I accepted your proposition and named the
prosecutors. I shall expect you to abide by your promise in this matter
and appoint Messrs. Reynolds and Shepard as assistant district attorneys,
even if it is necessary to require the resignation of two of your present
assistants in order to make way for the new appointees. These men
must have all the powers before the grand jury or upon the trial which
you yourself possess, and must be unhampered in their work of bringing
law breakers to justice.
ROSWELL P. FLOWER.
Telegram to Attorney-General Rosendale.
Syracuse, N. Y. , November 17, 1893.
Hon. Simon W. Rosendale, Attorney-General, Albany, N. Y. :
Under authority conferred by the Executive law, I hereby direct you in person, or by representative, to appear and take part to the full extent of your power in the criminal proceedings in Kings county against all offenders in the recent election troubles, and I suggest that you go at once to Brooklyn and there confer with the citizens' committee of twenty- five and with Messrs. Reynolds and Shepard in regard to the prosecutions.
ROSWELL P. FLOWER.
Mr. Shepard to Governor Flower.
Parsons, Shepard & Ogden,
Trinity Building, No. iii Broadway,
New York, i6th November, 1893.
His Excellency, Roswell P. Flower, Governor :
My Dear Sir. — I have your telegram of to-day. I appreciate most highly the confidence which you have reposed in me with reference to the prosecution of offenders in Kings county against the election laws.
PUBLIC PAPERS OF GOVERNOR FLOWER. 44I
The people of that county are, I am sure, grateful to you for your resolute determination to let no person guilty of those offenses escape justice. Your designation of myself to conduct, with Judge Reynolds, the prosecu- tion brings me, however, great embarrassment by reason of the situation of my private business. But it would be difficult, with proper regard to the public obligations resting on citizens, for me to decline such a request as I have from the Governor of the State. If the law permit the devolu- tion upon my associate and myself of power according to the tenor of your communication, it is my expectation that I shall accept. There are possibly, however, legal difficulties in the way of an adequate devolution of power upon counsel who are not public officers. I am making as rapidly as possible an examination of that subject. As soon as my con- clusion is reached I shall at once advise Your Excellency.
Very respectfully yours,
EDWARD M. SHEPARD.
Mr. Reynold's Declination.
Brooklyn, N. Y., November 17, 1893. To his Excellency, Roswell P. Flower, Governor of New York :
My Dear Sir. — Before receiving your telegram of the sixteenth I had, upon careful reflection, concluded that I could not accept the appointment tendered to me on your designation in relation to the Kings county elec- tion cases.
The tenor of your communication, however, caused me carefully to reconsider. But the more I think of it the more I feel sure that my first impression was right. The pressing demands already made upon my strength, the magnitude of the work proposed, my little acquaintance with criminal practice, my age and the state of my health, all show me that I must not enter upon the undertaking. The very kind opinion you express in regard to my fitness for the work assigned is certainly very gratifying to me, and I can but hope that your confidence is not entirely misplaced.
This conclusion has no reference to any difficulty arising out of the present form of appointment. I should have felt assured of the entire and cordial support of yourself and the Attorney-General, as well as of the district attorney, in whatever course might be thought advisable.
Yours, respectfully,
GEO. G. REYNOLDS.
442 PUBLIC PAPERS OF GOVERNOR FLOWER.
Letter from Edward M. Shepard.
Parsons, Shepard & Ogden,
Trinity Building, No. iii Broadway,
New York, i7tli November, 1893.
To his Excellency, Roswell P. Flower, Governor:
Dear Sir. — I beg to inclose to you a copy of the letter which I have just addressed to the district attorney of Kings county. Judge Reynolds has to-day also written to the district attorney that his personal situation and strength disable him from undertaking the work.
Judge Reynolds has suggested the substitution, in his place, of General Benjamin F. Tracy, lately the Secretary of the Navy and formerly a judge of the Court of Appeals. General Tracy, as Your Excellency is probably aware, was for several years United States District Attorney for the Eastern ■ District of New York, and before that was district attorney for one of the interior counties of this State. Both his pro- fessional distinction and his especial experience make his selection seem to me very wise. I concur in Judge Reynolds' suggestion; and I am advised by the chairman of the Executive Committee of the committee of twenty-five appointed by the citizens, that that committee also concurs in a recommendation that General Tracy be selected to take Judge Reynolds' place.
I have a telegram from the Attorney-General saying that he will be here to-morrow to see me. I shall submit to him the suggestion that the proceedings take place according to my suggestion to the district attorney. If he and you shall concur in such a procedure, I shall further suggest to him the propriety of your appointing an Extraordinary Court of Oyer and Terminer of the county of Kings, to be held on or about eleventh December next. The statutes requite twenty days notice; and it is quite probable that the persons deputed by the Attorney-General will hardly be ready with the details of their work for the grand jury before that date.
It is proper for me to add that I have General Tracy's permission to use his name.
Permit me to add another expression of my sincere appreciation of the resolute energy which Your Excellency shows in dealing with the present emergency.
Very respectfully yours,
EDWARD M. SHEPARD.
[Note.— General Tracy was subsequently recommended by the citizens committee and its choice was confirmed by the Governor and district attorney .J
PUBLIC PAPERS OF GOVERNOR FLOWER. 443
Proclamation for an Extraordinary Court of Oyer and Terminer.
State of New York.
Executive Chamber.
It appearing to my satisfaction that the public interest requires it,
Therefore. In accordance with the statute, in such case made and provided, I do hereby appoint an Extraordinary Court of Oyer and Term- iner, to be held at the court-house, in the city of Brooklyn, on Monday, the eighteenth day of December next, at ten o'clock in the forenoon of that day, and to continue so long as may be necessary for the disposal of the business that may be brought before it ; and I do hereby designate the Honorable Edgar M. CuUen, a justice of the Supreme Court, to hold the said Extraordinary Court of Oyer and Terminer.
And I direct the district attorney of the county of Kings to issue a precept in accordance with the statute in such case made and provided, directed to the sheriff of the said county of Kings, requiring him to do and perform all that may be necessary on his part in the premises.
And I do further direct that notice of such appointment be given by publication thereof, once in each week, for three successive weeks, in the Brooklyn Eagle and the Brooklyn Citizen, newspapers pubhshed in the city of Brooklyn,
Given under my hand and the privy seal of the State, at the Capitol [l. s.] in the city of Albany, this twenty-first day of November in the , year of our Lord one thousand eight hundred and ninety- three.
ROSWELL P. FLOWER. By the Governor :
T. S. Williams,
Private Secretary.
To the Attorney-General.
State of New York.
Executive Chamber,
November 23, 1893.
Hon. Simon W. Rosendale, Attorney-General, Albany, N. V. :
Dear Sir. — I have appointed an Extraordinary Court of Oyer and Terminer, to be held at the court-house, in the city of Brooklyn, on Mon- day the eighteenth day of December next, at ten o'clock in the forenoon, which court is to take cognizance of alleged violations of the election laws and of any other crimes or misdemeanors committed in connection with such alleged violations
444 PUBLIC PAPERS OF GOVERNOR FLOWER.
In pursuance of section 52 of the Executive law, I do hereby require you to attend the said Extraordinary Court of Oyer and Terminer, either in person or by representative, for the purpose of managing and conduct- ing any criminal actions or proceedings therein as hereinbefore referred to.
Very respectfully yours,
ROSWELL P. FLOWER.
ERIE COUNTY.
Lettkr to Franklin D. Locke in the Matter of the Appointment OF Commissioner Bentley, to take Testimony upon the Charges AGAINST Sheriff Beck.
State of New York.
Executive Chamber,
Albany, December 20, 1893.
Franklin D. Locke, Esq., 28 Erie Street, Buffalo, N. Y..
Dear Sir. — Your letter of the thirteenth instant, with inclosed afBdavit protesting against the appointment of Hon. Henry W. Bentley as com- missioner to take testimony in the matter of charges preferred against August Beck, sheriff of Erie county, is received.
Your objection, according to your own statement, is not against Mr. Bentley's character or ability, but is based on the fear that his afBliations with the Democratic party would in some way prejudice the examination into charges against a public officer belonging to that party. Such an objection would disqualify all the Democratic judges in the State. If sound, it disqualifies me from exercising any official responsibility in any matter affecting Democrats. Such a perverted view of partisanship is degrading and dangerous in its effect upon public opinion.
If you knew Mr. Bentley as I know him you would regard such a sug- gestion as insulting. I selected him for this commission because I wanted above all an honest man. I knew his ability and fairness, and my only charge to him when I handed him his commission was to ascertain and report the facts, whatever they might be. I did not consult you with reference to his appointment, nor anybody else, for my sense of official responsibility precluded the idea that either accused or accusers should be consulted about such an appointment. To consent to a revocation of his commission, therefore, on the grounds which you suggest, is entirely out of the question.
Until your letter was received, I had no idea that political considera- tions had anything to do with the investigation of these charges. I gave warning prior to election that all failures on the part of public officers to do their duty in the enforcement of law would be considered
PUBLIC PAPERS OF GOVERNOR FLOWER. 445
cause for renioval, and in the interest of honest and orderly elections it is essential that all willful neglect or misconduct of this kind should receive prompt punishment, irrespective of political considerations. So far as I am concerned the charges which your clients have preferred against Sheriff Beck will be thoroughly investigated. Until the receipt of your letter I had assumed that your interest in the matter would guarantee a thorough and honest prosecution of the charges by yourself as counsel, and a frank acquiescence in the decision, whatever it might be, and I, therefore, did not avail myself of the privilege, which the statute gives me, of directing the Attorney-General to conduct the examination. Your letter, however, shows that my confidence was misplaced, and suggests the reflection that the interests of a dignified and fair prosecu- tion would be better subserved by intrusting it to the people's legal representative. I have, therefore, to-day directed the Attorney-General to conduct the examination into the charges. He will, undoubtedly, be pleased to have you furnish him with all the information in your posses- sion tending to substantiate the truth of your client's charges, and will be willing to co-operate with you in all fair ways to secure a thorough investigation.
Yours truly,
ROSWELL P. FLOWER.
STATEMENT
OF
PARDONS,
Reprieyes and Commutations of Sentence
GRANTED BY
ROSWELL P. FLOWER,
Governor, DURING THE YEAR 1893
PARDONS.
February i, 1893. John Mineski. Sentenced November 10, 1892; county, Orleans; crime, petit larceny; term, 180 days; prison. Monroe County Penitentiary.
On condition that he abstain from the use of intoxi- cating liquors for the period of one year from date.
Mineski was induced to participate in the theft while grossly intoxicated. He was never before accused of a crime. He is an industrious man and has a large family to support. He pleaded guilty, and, therefore, the circumstances were not fully explained to the magistrate, who writes that if they had been he would not have imposed so severe a sentence, and he earnestly recommends that a pardon be granted.
February 2, 18^3. Edward Wilber. Sentenced September 27, 1890; county, Fulton; crime, violation of the excise law; term, ninety days; prison, Albany County Penitentiary.
Granted on the recommendation of the judge who sentenced the prisoner, and of other prominent citizens of Gloversville. Wilber has served enough of the term imposed to answer the demands of justice.
February 7, 1893. Henry Schmidt. Sentenced November 28, 1892; county, New York; crime, assault, second degree; term, two years; prison. Sing Sing.
The facts of this case, as stated by the district attorney, who favors the application, are that the 2Q
45° PUBLIC PAPERS OF GOVERNOR FLOWER.
complainant, without cause or provocation, violently assaulted the prisoner, and he, in repelling the attack, struck his assailant with a bottle of acid which he had procured a short time before for a proper and innocent purpose. No serious injury was inflicted. The jury accompanied their verdict with a recom- mendation of mercy. While the prisoner may have been technically guilty, the element of malice was altogether wanting and further punishment is not called for.
February g, 1893. Marion Canning. Sentenced August 11, 1891; county, New York; crime, grand larceny, first degree; term, seven years; prison. New York Penitentiary.
On condition that she at once depart for and proceed to Ireland and do not return to the United States until after the expiration of five years from date.
This application is made by the prisoner's father, who lives in Ireland and who agrees to take her home, if released. The evidence on the trial did not present a strong case against her and there is reason to doubt the correctness of the verdict. She is still young, and, if released and sent home, may be saved from a life of vice and crime, a result which is not so likely to be attained if she is made to serve out her term. I have, therefore, concluded to resolve the doubt as to her guilt in her favor and to grant the pardon upon the condition above stated.
PUBLIC PAPERS OF GOVERNOR FLOWER. 45 1
February ai, 1893. Patrick Mahoney. Sentenced January 31, 1893; county, Herkimer; crime, public intoxication; term, sixty days; prison, Herkimer County Jail.
Since the prisoner's term began his father has died and the pardon is granted so that he may attend the funeral.
February 28, 1893. John Anderson. Sentenced April 3, 1890; county. Kings; crime, burglary, third degree; maximum term, five years; prison, State Reformatory.
This pardon is granted for the reason that the judge, who sentenced the prisoner, and the district attorney, who prosecuted him, report that in their opinion he is innocent, such opinion being based upon evidence produced before them since the trial and presented with the application for clemency.
March 8, 1893. Chalmers O. Driggs. Sentenced March 4, 1893; county, Schoharie; crime, public intoxication: term, sixty days; prison, Albany County Penitentiary.
On condition that he abstain from the use of intoxicating liquors for the period of one year from date.
There was nothing in the circumstances of this case to justify punishment by imprisonment. A fine would have been ample. The pardon ^s granted on the recommendation of a large number of the most prominent citizens of Middleburgh.
452 PUBLIC PAPERS OF GOVERNOR FLOWER.
May 23, L893. William F. Neuer. Sentenced December 15, 1888; county, Chemung; crime, burglary, third degree; maximum term, five years; prison, State Reformatory; transferred to Matteawan State Hospital.
Neuer was sentenced in December, 1888, and remained at the Reformatory until May, 1 892, wlien tie was trans- ferred to Matteawan. He was only fifteen years of age when his imprisonment for this, his first offense, began, and his punishment has been much greater than it would have been had be been an old and coUr firmed criminal. His friends will see that he is properly cared for.
June 21, 1893. Matthias D. "Willing. Sentenced August 10, 1891; county. New York; crime, grand larceny, second degree; term, four years; prison, Sing Sing.
Recommended by Judge Cowing, who imposed the sentence. Willing was no doubt insane when he committed the larceny, and he is hopelessly insane now. Arrangements have been made to remove him to a private asylum.
June 21, 1893. George Conners. Sentenced January 20, 1893; county, Jefferson; crime, petit larceny; term, eight months; prison, Monroe County Penitentiary.
The prisoner has now served five months of his sentence and cannot live through the remainder of it.
PUBLIC PAPERS OF GOVERNOR FLOWER. 453
June 21, 1893. Arthur Kinsella. Sentenced March 12, 1892; county, Richmond; crime, manslaughter, second degree; term, four years and six months; prison. Sing Sing.
Recommended by judge, jury and district attorney. This was Kinsella's first offense. He has consumption and cannot live more than a few weeks.
July 13, 1893. Frank Brown. Sentenced June 8, 1893; county, Steuben; crime, violating health laws; term, ninety days; prison, Steuben County Jail.
Brown tore down a scarlet fever notice which had been posted- on his house by the Board of Health. He has now served one month of the term imposed, and his further detention will occasion great hardship to his family. His release is recommended by the health officer, by the magistrate who sentenced him and by other citizens.
July 17, 1893. James Foster. Sentenced August 11, 1892; county. New York; Crime, grand larceny, second degree; term, four years; prison, Sing Sing; transferred to Clinton.
Granted on the application of the warden of Clinton prison, in consideration of the prisoner having disclosed a plot formed by a number of the convicts to kill two of the guards and escape.
November i, 1893. Georgiana Bishop. Sentenced November 22, 1892; county, Dutchess; crime, arson, third degree; term, one year and one month; prison, Albany County Penitentiary.
Granted on the recomrriendation of the judge, the district attorney, six of the jury and many citizens.
454 PUBLIC PAPERS OF GOVERNOR FLOWER.
The judge says that the prisoner was about fourteen years old at the time of the trial and would not have been convicted but for the confessions she was sworn to have made ; that he gave her the lightest sentence possible and would have suspended sentence, had he possessed the power.
November 3, 1893. James F. Depew. Sentenced February £4, 1893; county, Sullivan; crime, grand larceny, second degree; term, one year and six months; prison, Clinton.
There is some doubt as to Depew's guilt, and his pardon is recommended by the judge and the district attorney.
November 15, 1893. "William P. Cannon. Sentenced May 25, 1891; county, New York; crime, violating chapter 377 of the Laws of 1887, as amended by chapter 181 of the Laws of 1888; term, sixty days and fine twelve dollars and fifty cents; prison. New York Penitentiary.
The main object of the prosecution was to establish the constitutionality of the act of the Legislature, under which the indictment was found, and that object having been accomplished, the judge and the special district attorney, who represented the people, recom- mend that the punishment be remitted.
November 22, 1893. William AUoway. Sentenced August 2, 1893; county, Herkimer; crime, indecent exposure; term, four months; prison, Herkimer County Jail.
Since the prisoner was sentenced, his mother has been seriously injured, so that her life is despaired of, and she is very desirous of seeing her son before she
PUBLIC PAPERS OF GOVERNOR FLOWER. 455
dies. The justice, before whom he was convicted, and
many other residents of Little Falls, unite in the petition for clemency.
November 22, 1893. Julia Hand. Sentenced September 14, 1893; county, Onondaga; crime, petit larceny; term, six months; prison, Onondaga County Penitentiary.
Recommended by a number of the most prominent citizens of Syracuse. The prisoner is very poor and has two small children dependent upon her, and was tempted by the necessities of her impoverished condi- tion to commit the offense charged against her. She has served two months of the sentence.
456 PUBLIC PAPERS OF GOVERNOR FLOWER.
COMMUTATIONS.
Januarys, 1893. John McHalpin. Sentenced June 4> 1873; county, Kings; crimes, burglary first degree, grand larceny and assault with intent to kill; term, thirty years; prison. Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of nineteen years and seven months, actual time, from June 5, 1873.
By an allowance of full commutation McHalpin would have been discharged in August, 1891, but one-half of it has been withheld for the reason that soon after his term began he attempted to escape. With this exception his conduct has been free from fault, and, in view of his long imprisonment, the time already served for the attempted escape is deemed a sufficient atonement.
January 10, 1893. Edward Webler. Sentenced February 18, 1891; county, Onondaga; crime, grand larceny, second degree; term, three years; prison, Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of one year, ten months and nine days, actual time, from March 3, 1891.
Granted on the recommendation of the judge and the district attorney. The prisoner's term will be out in July next, but his mother cannot live until then and she pleads very earnestly that her son may be released before her death.
PUBLIC PAPERS OF GOVERNOR FLOWER. 4S7
January lo, 1893, James Burns. Sentenced May 18, i88g; county, Herkimer; crime, robbery, first degree; term, thirteen years; prison. Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of three years, seven months 'and twenty-two days, actual time, from May 20, 1889, on condition that he abstain from the use of intoxicating liquors for the period of five years from date.
The judge who sentenced the prisoner writes that in his opinion Burns has been sufficiently punished, provided his conduct during imprisonment has been such as to lead to the conclusion that he has reformed and will avoid criminal acts if restored to liberty. The district attorney concu-rs. Burns' conduct has been in all respects commendable, and I think it safe to release him, subject to the above condition.
Note. — Soon after his discharge Burns was arrested and returned to the prison to serve out his term for violating the condition upon which the above com- mutation was granted.
January 12, 1893. John Doyle. Sentenced May 15, 1874; county. New York; crime, murder, second degree; term, life; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of eighteen years, seven months and twenty-one days, actual time, from May 23, 1874, on condition that forever hereafter he totally abstain from the use of intoxicating liquors.
Doyle pleaded guilty of murder in the second degree, but a very careful examination of the case creates considerable doubt as to whether upon a trial he
458 PUBLIC PAPERS OF GOVERNOR FLOWER.
could have been convicted of that crime. A verdict of manslaughter would have been more satisfactory and a juster view of the circumstances. The Hon. John R. Brady, by whom Doyle was sentenced, in a letter written in September, 1886, recommends the case as a proper one for clemency, and the application has been very strongly supported by many prominent citizens of New York. Before this offense Doyle had always borne a good character and has been con^icuous for good conduct during his confinement. He has now been in prison for a term equal to thirty years, less the time allowed by statute for good behavior, which he would have earned had his sentence been for a term less than life, and I think has been punished enough.
January 17, 1893. Noah Richards. Sentenced February 3, i8q2; to be executed; county, New York; crime, murder, first degree.
Sentence commuted to imprisonment for life in Sing Sing prison.
The Hon. Charles H. Van Brunt, who presided at the trial, writes concerning this application as follows : "Noah Richards was convicted of murder in the first degree, having killed a policeman by cutting his throat. The jury hesitated a considerable time before the rendition of this verdict, some of the members of the jury being of the opinion that there might be some doubt as to the responsibility of Richards because of the low order of his intelligence. No such defense was offered during the progress of the trial,, and the impression, which was produced upon the jury in this
PUBLIC PAPERS OF GOVERNOR FLOWER. 459
respect~-waB tliat which they derived from the appear- ance of Richards upon the ■witness stand. They, there- fore, accompanied their verdict with a recommendation that his mental condition should be inquired into. I, therefore, appointed a commission, consisting of Dr. Carlos F. MacDonald and Dr. Dana, to examine into his mental condition and report thereon. The com- mission reported that he was sane and responsible, but in conversation with the commissioners, subsequent to making of this report, I learned that they were of the opinion that Richards is a man of a very low order of intellect, that he is a negro, brought up in the South, has had no education, and, undoubtedly, although he may be said to be responsible, yet he is but little removed from an idiot. At the time of this murder, if the evidence is to be believed, he had been brutally clubbed by the policeman in question and his worst passions had thereby been aroused ; but if responsible he was undoubtedly guilty of murder, as the killing took place after the clubbing had been inflicted. Upon the whole case it would seem to me that the interests of justice would be conserved by the commutation of his sentence to that of imprisonment for life."
The district attorney concurs in the views thus expressed by Judge Van Brunt. The sentence is com- muted accordingly.
January 25, 1893. James Donovan. Sentenced March 27, 1891; county, Fulton; crime, burglary, third degree, second offense; term, six years and six months; prison, Clinton; transferred to Sing Sing.
Sentence commuted to imprisonment in Clinton and Sing Sing prisons for the term of one year, nine
460 PUBLIC PAPERS OF GOVERNOR FLOWER.
months and twenty-nine days, actual time, from March 28, 1891.
Donovan was indicted with three others, and separate trials being demanded, he was tried first and convicted. It was clearly proved that three persons, and only three, wejre engaged in the burglary, but the evidence to identify Donovan as one of them was, by no means, conclusive, and the evidence adduced on the trial of one of his co-defendants, which took place shortly afterwards, was altogether inconsistent with Donovan's guilt. Neither of his co-defendants was convicted, but two other persons were afterwards indicted and pleaded guilty, and were sentenced to imprisonment ; and a third, who is in prison for another offense, was sworn on the part of the people, on one of the trials, acknowledged his own guilt and testified that Donovan was not a participant in the crime. If these three are guilty, as to which there does not seem to be any substantial doubt, Donovan must be innocent. The judge, before whom he and his co-defendants were tried, expresses grave doubt as to Donovan's guilt, and, upon a careful consideration of all the facts, I have deemed it best to relieve him from further imprisonment.
January 26, 1893. Patrick Nichols. Sentenced May 3, 1882; county, Rockland; crime, murder, second degree; term, life; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of ten years, eight months and twenty-three days, actual time, from May 5, 1882, on
PUBLIC PAPERS OF GOVERNOR FLOWER. 46 1
condition that forever hereafter , Ije totally abstain from the use of intoxicating liquors.
Recommended by the judge, who presided at the trial, and by many citizens of Rockland county. Nichols and the deceased, both being somewhat intoxi- cated, became engaged in a fight, in which the latter seems to have been the aggressor. Nichols left and went towards his home, and the deceased followed him. The fight was renewed and the deceased was killed. Upon a careful consideration of the evidence, I am clearly of the opinion that a conviction of man- slaughter would have been more in keeping with the circumstances, and that the sentence ought to be commuted accordingly.
January 31, 1893. John M. Reinhart. Sentenced March 9, 1891; county, Albany i crime, forgery; term, five years; prison, Clinton.
Sentence commuted to imprisonment in Clinton prison for the time of one year, ten months and twenty days, actual time, from March 12, 1891.
The prisoner obtained a small sum of money upon a forged order. The circumstances, as represented to me, tend strongly to show that he was merely the tool of the real culprit, and did not know that the order was not genuine, and, in view of the doubt as to his guilt, has been punished enough. The judge who sentenced him recommends that his application for clemency be granted.
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January 31, 1893. James Conover. Sentenced April 9, 1889; county, Erie; crime, forgery, second degree; term, five years and nine months; prison, Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of three years, nine months and fifteen days, actual time, from April 17, 1889.
Recommended by the judge and many other leading citizens of Buffalo. The prisoner can get employment, if released now, and the commutation takes but three months from his sentence.
January 31, 1893. Addison Fagan. Sentenced July 28, 1892; county, Erie; crime, rape, term, one year; prison, Erie County Penitentiary.
Sentence commuted to imprisonment in Erie County penitentiary for the term of six months and four days, actual time, from July 28, 1892.
Recommended by the judge and the district attorney. The evidence, upon which the prisoner was convicted, was quite conflicting, and there is considerable doubt as to his guilt. But, if guilty, the term he has now served is sufficient for the circumstances of the case.
January 31, 1893. James Mulvanney. Sentenced October 6, 1887; county, New York; crime, robbery, first degree; maximum term, twenty years; prison, State -Reformatory; transferred to Clinton.
Sentence commuted to imprisonment in the State Reformatory and Clinton prison for the term of five years, three months and twenty-six days, actual time, from October 6, 1887.
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The prisoner was but sixteen years old when he was sent to the Reformatory. He was transferred to the State prison at Dannemora in June, 1892. He has now been in confinement for more than five years, and, if he completes his term in the prison must remain there Until January 21, 1902. No such result was contemplated by the court. His punishment has been ample and he ought to be released.
January 31, 1893. Abraham Doblin. Sentenced September 4, 1890; county, New York; crime, grand larceny, second degree; maximum term, five years; prison, State Reformatory; transferred to Auburn.
Sentence commuted to imprisonment in the State Reformatory and Auburn prison for the term of two years, four months and twenty-two days, actual time, from September 9, 1890.
Doblin has now served a longer term than his crime deserved or the court intended, and further imprison- ment would be unjust.
February 3, 1893. Andrew Boehanski. Sentenced January 13, 1892; county, Schenectady; crime, grand larceny, second degree; prison, Clinton.
Sentence commuted to imprisonment in Clinton prison for the term of one year and twenty-four days, actual time, from January 13, 1892, on condition that he abstain from the use of intoxicating liquors for the period of one year from date.
Boehanski took a sum of money from the pocket (not the person) of the complainant. It was not his
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habit to become intoxicated, but he was so on this occasion. Upon being accused of the theft on the following morning he acknowledged it and restored the money, and when arraigned on the indictment he pleaded guilty. He was then twenty-two years of age and had never before been accused of a criminal offense. He was the oldest of eight children and had been of great assistance to his widowed mother in the support of the family. He has served considerably more than half the sentence and the judge and other prominent citizens of Schenectady recommend that his application for clemency be granted.
February 9, 1893. Andrew McKenzie. Sentenced May 7, 1880; county, Erie; crime, murder, second degree; term, life; prison, Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of twelve years, nine months and one day, actual time, from May 11, 1880.
McKenzie was indicted for murder in the first degree and pleaded guilty of murder in the second degree. Soon after this application for clemency was filed Judge James Sheldon, who pronounced the sentence, wrote, under date of May 16, 1885, strongly urging a commuta- tion, saying that when McKenzie offered to plead guilty of murder in the second degree, it was determined, from an examination of the circumstances, not only to accept the plea, but that a lighter sentence than one for life might properly be imposed, if the statute allowed, and the convict was then told that, if he behaved himself well, the court would, in a reasonable
PUBLIC PAPERS OF GOVERNOR FLOWER. 465
time, be willing to recommend a commutation. The Hon. Robert C. Titus, who was district attorney at the time of the conviction, also favors the application and says that punishment for some degree of man- slaughter is all that the facts warrant. Until the commission of the crime McKenzie had always sus- tained an excellent character. He has now served more than the maximum punishment for manslaughter in the first degree, deducting the commutation pro- vided for good conduct, which is enough for all the purposes of justice.
February 15, 1893. William Matheson. Sentenceci June 21, 1889; county, New York; crime, forgery, second degree; term, six years; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of three years, seven months and twenty-four days, actual time, from June 22, 1889, on condition that he abstain from the use of intoxi- cating liquors for the period of five years from date.
The prisoner forged his employer's name to a check
for twenty-five dollars. It was his first and only
offense. Allowance being made for good conduct, he
has served all but six months of his term, and, in view
of his previous good character, has been sufficiently
punished.
30
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February 23, 1893. "Ward Young. Sentenced December 31, 1891; county, Herkimer; crime, burglary, first degree; term, fifteen years; prison. Auburn. '
Sentence commuted to imprisonment in Auburn prison for the term of twelve years, subject to com- mutation, from December 31, 1891.
Granted on the special application of the district attorney of Herkimer county in consideration of aid given by Young in securing the conviction of his accomplice and co-defendant.
February 23, 1893. George Dillon. Sentenced February 7, 1889; county, Albany; crime, murder, second degree; term, life; prison, Clinton.
Sentence commuted to imprisonment in Clinton prison for the term of sixteen years, subject to com- mutation, from February 9, 1889.
Granted on the recommendation of the district attorney, who writes, that while he cannot consistently recommend an absolute pardon, he is still convinced that the crime was more in the nature of manslaughter than of murder, and that the punishment should be readjusted accordingly, and that, in his opinion, the ends of justice would be accomplished by commuting the sentence to ten years.
The commuted term will expire in ten years from the commencement of Dillon's imprisonment, provided he earns the statutory commutation for good behavior.
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February 24, 1893. Andrew Crooks. Sentenced March 4, 1887; county, Richmond; crime, burglary, second degree; term, ten years; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of five years, eleven months and twenty-one days, actual time, from March 5, 1887.
The prisoner was seventeen years old at the time of his conviction. He committed the crime under the influence of older companions and all of them received the same sentence, imprisonment for ten years, being the highest penalty for burglary in the second degree. He has now served all but six months of the sentence, less the usual deduction for good condilct, and, in view of his youth, of the circumstances under which he was induced to engage in the commission of the crime, and of his having pleaded guilty, may, I think, be properly relieved from serving the remainder of it. The judge favors his application.
March i, 1893. Benjamin Borkheim. Sentenced February 19, 1892; county. New York; crime, bigamy; term, two years; prison, Sing Sing; transferred to Chnton.
Sentence commuted to imprisonment in Sing Sing and Clinton prisons for the term of one year and twelve days, actual time, from February 20, 1892.
Borkheim contracted the second marriage while under the influence of liquor and with a woman who was fully aware of . his former marriage. Before he committed the offense his character for industry, honesty and sobriety was excellent, he had supported his family well and was, in all respects, a good
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citizen. He has served more than half his sentence. His family are in great need of his services, his wife being an invalid, and I have no doubt that he will return to them and provide for their support as he was formerly accustomed to^ do.
March 7, 1893. William H. Parker. Sentenced May 27, 1892, to be executed ; county, Niagara; crime, murder, first degree.
Sentence commuted to imprisonment for life in Auburn prison.
In an affray, which arose among a number of work- men employed upon the tunnel at Niagara Falls, John Ritsko was killed and several others were seriously wounded. Parker, Charles Kelly and William Chambers were indicted for the murder of Ritsko. Parker's trial . resulted in a verdict of murder in the first degree ; Kelly's, which took place afterwards, in a verdict of murder in the second degree ; and Chambers then pleaded guilty of manslaughter in the first degree. Judge Green, who presided at both trials, has furnished the usual report in the case, in which he says that it is difficult to say, from the conflicting evidence, who it was that fired the shot which killed Ritsko. The only revolver that was used was clearly shown to have been in Kelly's hands immediately afterwards, but who had possession of it at the moment was not very definitely proved. Most of- the witnesses were ignorant and of a low moral standing, and there seemed to be an effort on the part of each of the persons implicated to fasten the blame upon the others.
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He says, further, that Parker was fully as reputable as the other defendants, and, in his opinion, was guilty of no greater crime than was Kelly ; that it seems unjust that Parker should suffer the death penalty while his companion in crime is allowed to escape with a lesser punishment, and he recommends that the sentence be commuted. After a careful examina- tion of the whole case I am convinced that equal and substantial justice will be attained by commuting the sentence to imprisonment for life.
March 7, 1893. Thomas Jones. Sentenced January 30, 1893; to be executed; county, Rensselaer; crime, murder, first degree.
Sentence commuted to imprisonment for life in Clinton prison.
The judge writes that, while the evidence permitted the verdict rendered and was sufficient to support it, still he should have felt that a due administration of the law had been subserved had the jury found (as he expected they would) a verdict of murder in the second degree.
The prevailing sentiment among all classes of people in the city of Troy, where the homicide occurred, seems clearly to be that the prisoner ought not to have been convicted of any higher crime than that above indicated by the judge, and the petition for a commutation of the sentence is signed by nearly all the members of the bar of Troy and by many other citizens. The circumstances do not seem to demand the death penalty. Imprisonment for life will fully vindicate the law.
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March 8, 1893. Frank Savignano. Sentenced September 29, 1892; county, New York; crime, assault, second degree; term, one year and three months; prison. New York Penitentiary.
Sentence commuted to imprisonment in New York Penitentiary for the term of five months and nine days, from October i, 1892.
The district attorney, in his report upon this application, says that the prisoner was an industrious man of good character, and that there were mitigating circumstances attending his quarrel with the com- plainant. Very little injury was inflicted, and a verdict for simple assault would have been quite sufficient. Several of the jurors and a number of other citizens unite in asking for the prisoner's release.
March 13, 1893. Adam Smith. Sentenced April 18, 1882; county, Erie; crime, robbery after petit larceny; term, twenty years; prison. Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of ten years ten months and nineteen days, actual time, from April 26, 1882.
Very strongly recommended by Hon. William W. Hammond, who sentenced the prisoner, by Hon. Edward W. Hatch, who was district attorney at the time, and by Hon. Tracy C. Becker, who, as assistant district attorney, conducted the prosecution. A sen- tence for ten years would have been ample, but under the statute the judge had no discretion, but was obliged to make the tsrm twenty years.
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March 13, 1893. Frank O'Reilly. Sentenced March 7, 1890; county, New York; crime, receiving stolen goods; maximum term, five years; prison, State Reformatory; "transferred to Auburn.
Sentence commuted to imprisonment in the State Reformatory and Auburn prison for the term of three years and eight days, actual time, from March 7, 1890.
In sentencing the prisoner to the reformatory it ■was the intention of the court, as the judge informs me, to impose such mild restraint as the prisoner's youth and previous character and the nature of the act to which he pleaded guilty seemed to require. But, by his transfer from the reformatory to the prison, the sentence is practically converted into the severest penalty prescribed for his offense. This is manifestly unjust. The three years he has now served is punishment enough.
March 13, 1893. Peter Shultz. Sentenced November 7, 1892, to be executed; county. Kings; crime, murder, first degree.
Sentence commuted to imprisonment for life in. Sing Sing prison.
Schultz was jointly indicted with one Adam Haas for the murder of a young child. After the con- viction of Schultz, Haas was tried, and, upon precisely the same state of facts, the jury rendered a verdict of murder in the second degree. The district attorney writes me that he can see no reason why any distinction should be made in the punishment of the two defendants, and, therefore, he recommends that the sentence passed upon Schultz be commuted
472 PUBLIC PAPERS OF GOVERNOR FLOWER.
to imprisonment for life. Judge Moore, before whom both defendants were tried, concurs with the district attorney, and the petition for clemency is signed by nine of the jury. Schultz was only sixteen years old at the time of his trial.
March i6, 1893. Edward Herman. Sentenced September 3, 1S89; county, New York; crime, burglary, third degree; maximum term, five years; prison, State Reformatory; transferred to Auburn.
Sentence commuted to imprisonjnent in the State Reformatory and Auburn prison for the term of three years, six months and one day, actual time, from September 20, 1889.
The time now served by the prisoner is almost equal to a term of five years, time for good conduct being deducted, and the prison physician reports that Herman is dying with consumption.
March 17, 1893. John Sullivan. Sentenced October 23, i88g; county, Erie; crime, burglary, third degree; maximum term, five years; prison, State Reformatory; transferred to Clinton.
Sentence commuted to imprisonment in the State Reformatory and Clinton prison for the term of three years, four months and twenty-six days, actual time, from October 23, 1889.
Recommended by the judge, the district attorney and other residents of Buffalo. The circumstances of the case did not demand great severity, and, with the usual commutation, Sullivan has served almost the maximum term prescribed for the crime of which he was convicted.
PUBLIC PAPERS OP GOVERNOR FLOWER. 473
April 1, 1893, Michael T. Sliney. Sentenced June 28, 1892, to be executed; county, New York; crime, murder, first degree.
Sentence commuted to imprisonment for life in Sing Sing prison.
Upon the presentation of this application, I appointed Dr. Carlos F. MacDonald, of New York, and Dr. Selden H. Talcott, of Middletown, commissioners to examine and to report their conclusions as to Sliney 's sanity. Their report has been filed, in which they state that they have made the required examination, and that, in their opinion, Sliney is now suffering with that form of mental unsoundness known as imbecility, and that he was in that condition when the crime, of which he stands convicted, was committed.
I have also received a communication from Dr. Allan McLane Hamilton, of New York, in which he says that he was called to see Sliney in the city prison, before the trial ; that he learned, from reputable and trustworthy persons, that Sliney had manifested peculiarities of disposition and evidences of a weak mind, from time to time, ever since early childhood ; that, after a sunstroke some years ago, he developed epileptic fits, and that he had actually had attacks during his imprisonment ; and that throughout his confinement his whole manner and conversation indicated to those about him that he was indifferent to his surroundings, did not appreciate the true nature of his alleged crime, and cared little as to the future. This was verified, upon examination, when physical evidences of his weak-mindedness and epilepsy were discovered. Dr. Hamilton further says
474 PUBLIC PAPERS OF GOVERNOR FLOWER.
that when a person has epilepsy, he cannot be said to be at all times responsible; that where a crime of violence has been committed by an epileptic, and the evidence of such crime is purely circumstantial, or is disclosed by the testimony of the accused, no witness being present, it is absolutely beyond the power of anyone to say what the mental condition of the individual was when the deed was done.
I think the circumstances of the crime itself tend, in some degree, to establish Sliney's mental deficiency, and although I am not, by any means, convinced that it is so complete as to exempt him frora criminal responsibility, still, I feel that ample justice will be done by commuting the sentence to imprisonment for life. The petition for clemency is signed by the twelve jurymen who rendered the verdict, and by many prominent citizens.
April 4, 1893. George H. Drew. Sentenced May 26, 1890; county, New York; crime, grand larceny, second degree; maximum term, five years; prison, State Reformatory; transferred to Auburn.
Sentence commuted to imprisonment in the State Reformatory and Auburn prison for the term of two years, ten months and seven days, actual time, from May 29, 1890.
The physician reports that Drew is suffering from Bright's disease, is very feeble and has but a short time to live. The complainant joins with others in asking for his release.
I'UBLIC PAPERS OF GOVERNOR FLOWER. 475
April 5, 1893. Jacobus J. Berkhout. Sentenced April 13, 1891; county, New York; crime, grand larceny, second degree; term, four yearS; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for tlie term of one year, eleven months and twenty-three days, actual time, from April 14, 1891.
Berkhout has now served nearly two-thirds of his sentence, and, in view of his previous -good character, which is abundantly vouched for, and of the fact that his wife and children greatly need his support, I have concluded to remit the remainder of it. A former employer will take him into his service again.
April 5, 1893. James T. Montgomery. Sentenced June 17, 1892; county, New York; crime, forgery, second degree; term, two years and three months; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of nine months and eighteen days, from June 18, 1892.
The judge, the district attorney and other citizens of New York, among them the complainant, recom- mend the granting of this application. Measured by the amount involved, the crime was not a serious one, and no loss accrued to any person on account of it. It was a first offense and the punishment has been sufficient.
April 6, 1893. Patrick McDonald. Sentenced December 6, 18S7; county. New York; crime, robbery, second degree; term, eight years; prison. Sing Sing; transferred to Auburn.
Sentence commuted to imprisonment in Sing Sing and Auburn prisons for the term of five years, four
476 PUBLIC PAPERS OF GOVERNOR FLOWER.
months and one day, actual time, from December 7, 1887.
McDonald lost one-half of his statutory commutation by attempting to escape during the fire, which occurred at Dannemora, in December, 1890. He was absent but a short time and claimed to be returning when recaptured. Hon. Austin Lathrop, Superintendent of .State Prisons, and the warden of Auburn prison, earnestly recommend that the forfeited commutation be restored. McDonald will be taken to England immediately.
April 6, 1893. Thomas R. Crawford. Sentenced April 4, 1889; county, New York; crime, forgery, second degree; term, six years and six months; prison. Sing Sing; transferred to Auburn.
Sentence commuted to imprisonment in Sing Sing and Auburn prisons for the term of four years and twenty -eight days, actual time, from April 4, 1889.
Recommended by the complainant and many others. The prisoner's term will expire in September, so that the commutation reduces his sentence by about five months. He has been of unusual service in the prison and can obtain immediate and permanent employment if released.
April 6, 1893. "William A. Stroud. Sentenced February 18, 1891; county, New York; crime, manslaughter, second degree; term, nine years and six months; prison, Sing Sing; transferred to Auburn.
Sentence commuted to imprisonment in Sing Sing and Auburn prisons for the term of five years, subject to commutation, from February 19, 1891.
PUBLIC PAPERS OF GOVERNOR FLOWER. A77
Stroud was a resident of Virginia. He arrived in New York on August 4, 1890, and registered at a hotel, where he remained awaiting the arrival of some friends whom he expected to meet him there. During the day he made frequent visits to the bar- room and finally became intoxicated, and the bar- keeper then refused to furnish him with more liquor and ordered the porter, a colored man, to put him out, and during the struggle which ensued the porter received the injuries which resulted in his death. Stroud was indicted for murder in the first degree. The jury rendered a verdict of manslaughter in the second degree, with a recommendation to mercy. I have very carefully examined the evidence and am convinced that the sentence was more severe than the facts required. Stroud is clearly shown to have been a man of most excellent character and is highly recommended by those who knew him, and the cir- cumstances were such as to render adequate a com- paratively light punishment. Under the statute, as it stood when Stroud was sentenced, manslaughter in the second degree was punishable by imprisonment for not less than one year nor more than fifteen years. Five years, subject to the usual commutation, will, in my judgment, be quite enough.
4/8 PUBLIC PAPERS OF GOVERNOR FLOWER.
April II, 1893. Charles Bornstein. Sentenced February 28, 1879; county, New York; crime, arson, first degree; term, life; commuted December 30, 1889, to imprisonment for fifteen years from March 10, 1879; prison. Sing Sing.
, Sentence commuted to imprisonment in Sing Sing prison for the term of fourteen years, one month and three days, actual time, from March 10, 1879.
In 1889 the sentence was reduced to fifteen years, actual service, on account of the amendment of the statute changing the penalty from imprisonment for life to imprisonment for not less than ten years. Something less than a year now remains unserved of the reduced term, and out of consideration for the prisoner's family and of his exceptionally good con- duct during a long confinement, I have deemed it proper to further commute the sentence as above stated.
April 13, 1893. William Deesten. Sentenced November 19, 1889; county. New York; crime, burglary, third degree; maximum term, five years; prison, State Reformatory; transferred to Clinton.
Sentence commuted to imprisonment in the State Reformatory and Clinton prison for the term of three years, four months and twenty-seven days, actual time, from November 19, 1889.
Deesten, with two others, Frank Curran and John Brown, broke into the cellar of a store and were there found and arrested. All of them were indicted for burglary in the third degree, and pleaded guilty. Curran was an ex-convict. Deesten and Brown were boys of good character and had unquestionably been led into the crime by their older companion. Curran was sentenced to State prison for three years and
PUBLIC PAPERS OF GOVERNOR FLOWER. 479
six montlis, and Deesten and Brown were committed to the State Reformatory. Curran completed his term and was discharged almost a year ago. But Deesten, upon whom the court intended to impose a milder punishment, is now in the State prison, hav- ing been transferred from the Reformatory, and must remain there until June, 1894, unless sooner dis- charged by the interposition of executive clemency. This injustice the commutation will prevent.
April 15, 1893. William Ellsler. Sentenced September 10, 1890; county, Greene; crime, forgery, second degree; term, five years; prison, Clinton.
Sentence commuted to imprisonment in Clinton prison for the term of two years, seven months and six days, actual time, from September 12, 1890.
I saw Ellsler at the prison in June, 1892, and heard his statement and was fully convinced of his thorough reformation. He is an old man and is suf- fering for his first offense. A favorable opportunity to secure employment is presented if he can regain his liberty at once, and, as no serious loss was occa- sioned by his wrongful act, a commutation of the sentence may properly be granted.
Apcil 22, 1893. Charles T. De Baum. Sentenced June 24 1889; connty. New York; crime, forgery, second degree; term, five years and six montlis; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of three years, ten months and five days, actual time, from June 27, 1889.
48o PUBLIC PAPERS OF GOVERNOR FLOWER.
A very earnest appeal is made by many prominent citizens of Brooklyn for the remission of the few- remaining days of the prisoner's term. The judge who sentenced him and the officers of the bank he defrauded favor the application, and I think it may be granted without detriment to the interests of justice.
April 24, 1893. Thomas S. Findley. Sentenced September 29, 1891; county, New York ; crime, grand larceny, second degree (two indictments) ; term, seven years and three months; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of one year, six months and twenty-seven days, actual time, from September 29, 1891.
The complainants, who were Findley's employers, and were the only losers by his wrong-doing, make this application for his release, and the judge and the district attorney recommend that it be granted. The object of punishment seems to have been fully accomplished, and to prolong it would bring unneces- sary distress upon his family. Suitable employment will be provided for him.
May 2, 1893. William C. Duncan. Sentenced July 10, 1891; county, New York; crime, grand larceny, second degree; term, four years and five months; prison, New York Penitentiary.
Sentence commuted to imprisonment in New York penitentiary for the term of one year, nine months and twenty-three days, actual time, from July 11, 1891.
Granted in consideration of the youth and previous good character of the prisoner and at the instance of
PUBLIC PAPERS OF GOVERNOR FLOWER. 481
friends -who guarantee to provide him with perma- nent employment. He was only sixteen years old when he committed the crime, and has been in prison nearly two years. The punishment already imposed is deemed sufficient, and if he is released now his reformation seems more likely to be secured than if he were required to serve the full sentence.
May 4, 1893. Otto Kruhm. Sentenced April 27, 1891; county, New York; crime, grand larceny, second degree; term, four years; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of two years and seven days, actual time, from April 29, 1891.
Recommended by the district attorney and very strongly urged by the complainant. Deducting the time provided by law for good behavior he has now served all but one year of his term, and as this was his first offense, clemency may be properly exercised in his favor.
May II, 1893. John V. Bender. Sentenced April 11, 1887; county, Oneida; crime, murder, second degree; term, life; prison. Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of ten years, subject to commuta- tion, from April 30, 1887.
The prisoner shot and killed the deceased during a fight between them on one of the public streets in the city of Utica, and, under an indictment for murder in the first degree, was convicted of murder in the second degree, and sentenced to imprisonment 31
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for life. The Hon. Jolin C. Churchill, before whom the case was tried, writes that he should have been as well satisfied if the verdict had been one of man- slaughter in the first degree, and that he should regard, as a proper disposition of the application for clemency, a commutation of the sentence to ten years, leaving to Bender such reduction of that time as the law gives for good conduct.
The petition is signed by the twelve jurymen and by many other residents of Oneida county.
May II, 1893. Thomas Sheridan. Sentenced July 7, 1870 to be executed; county, New York; crime murder, first degree; comhiuted August 5, 1870, to imprisonment for life; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of twenty-two years, nine months and twenty days, actual time, from August 12, 1870.
The jury rendered a verdict of murder in the first degree with a recommendation to mercy. Governor Hoffman commuted the sentence to imprisonment for life and Sheridan has now been incarcerated for nearly twenty -three years. He was a man of the best character and the crime was committed under the most exasper- ating circumstances. About ten years ago a petition .signed by six of the jury, all who could then be found, and by a large number of citizens, was presented, asking for his pardon, but it was thought too soon for favorable action. I think he has now fully atoned for his offense and that the petition ought to be granted.
PUBLIC PAPERS OF GOVERNOR FLOWER. 483
May II, 1893. Felix Lavelle. Sentenced February 21, 1879; county, New York; crime, murder, second degree; term, life; prison, Sing Sing.
Sentence comrauted to imprisonment in Sing Sing prison for the term of fourteen years and eight months, actual time, from February 24, 1879.
The term to which the sentence is commuted is equal to twenty-four years, with time for good behavior deducted, and is deemed fully sufficient for the circum- stances of the case. The petition, which was filed in 1884, is signed by ten of the jurors and by many other reputable citizens.
May ig, 1893. Cornelius A. King Sentenced July 24, i8gi; county. New York; crime, grand larceny, second degree; term, four years and five months; prison Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of two years, actual time, from July 25, 1891.
Granted on the application of the complainant and on the recommendation of Governor Werts, Senator McPherson and other prominent citizens of New Jersey. Considering the prisoner's previous good character two years actual service will be sufficient.
May 23, 1893. James Hughes^ Sentenced June 5, 1891; county, Monroe; crime, extortion; term, one year; prison, Monroe County Penitentiary.
Sentence commuted to imprisonment in Monroe County penitentiary for the term of five months from February 6, 1893.
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The complainants were clothing manufacturers in the city of Rochester. A dispute arose between them and their employees as to the number of apprentices to be kept in the business, and, as the outcome of this dispute, a boycott was laid upon the complainants' goods by the labor organization of which the employees were members, and Hughes was principal officer, and the extortion of which he was convicted consisted in com- pelling payment by the complainants to him, as such officer, of the sum of one thousand dollars, by means of a threat that if not paid the boycott would be continued and increased so as finally to destroy their business.
The offense was a grave one and deserved punish- ment, but there were some questions of law in the case which were not well settled, and I have no doubt that in acting as he did Hughes believed that he was merely exercising a legal right, and that he had no thought of committing a crime, and, therefore, am of the opinion that no greater punishment ought to be inflicted than may be sufficient to serve for a warning to himself and others not to engage in like enterprises hereafter. In this view of the matter service of one- half the term imposed will suffice.
June 3, 1893. Alfred Sheridan. Sentenced September 4, 1884, county, New York; crime, robbery; term, fifteen years; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of nine years, actual time, from September 5, 1884.
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This was Sheridan's first offense. He has conducted himself well during a long imprisonment and asks that his sentence be commuted so as to release him in September, as he can more easily c)btain employment then than at the expiration of his term in February next.
June 30. 1893. "Wells Hamilton. Sentenced October 9, 1891; county, Otsego; crime, burglary, third degree; term, three years and three months; prison, Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of one year, eight months and twenty days, actual time, from October 12, 1891.
The prisoner, while intoxicated, broke into an unoccupied house, where he was arrested. No injury was done nor was any property appropriated. The sentence was quite severe and the complainant asks and the district attorney recommends that it be commuted.
July 5, 1893. William Kennedy. Sentenced April 11, 1890; county, New York; crime, assault, second degree; term, four years and ten months; prison. Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of three years, two months and twenty-five days, actual time, from April 12, 1890.
The three months now unserved of Kennedy's term are remitted upon the very urgent application of his father, who was the complainant against him, and in the belief that the punishment already administered has been sufficient to accomplish his thorough reformation.
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July 13, 1893. Stanislaus De Borkewitch. Sentenced March 27, 1890; county, New York; crime, grand larceny, first degree; term, five years; prison, Sing Sing; transferred to Matteawan State Hospital
Sentence commuted to imprisonment in Sing Sing prison and Matteawan State Hospital for the term of three years, one month and seventeen days, on con- dition that he forthwith depart for and proceed to Russia, Europe.
The prisoner has nearly completed his term, and the commutation is asked for by the State Commis- sioners in Lunacy, who will make provision for his transportation to Russia.
July 13, 1893. Daniel Shea. Sentenced January 26, 1888; county, Washington; crime, assault, second degree; maximum term five years; prison. State Reformatory; transferred to Auburn.
Sentence commuted to imprisonment in the State Reformatory and Auburn prison for the term of three years, one month and eighteen days, actual time, from May 27, 1890.
Granted on the application of the district attorney who conducted the prosecution, and who makes a very urgent appeal for clemency on the ground of excessive punishment and the prisoner's illness.
July 14, 1893. Charles P. Leask. Sentenced April 7, 1891; county, New York; crime, forgery, second degree; term, five years and nine months.
Sentence commuted to imprisonment in Sing Sing prison for the term of two years, three months and fifteen days, actual time, from April 11, 1891.
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Recommended by judge, district attorney, com- plainant and a number of leading merchants of New , York. The judge writes that were it not that the statute, at the time, provided a minimum penalty, he would have imposed a much lighter sentence. Imprisonment for the commuted term is all that justice requires.
Jtdy 14, 1893. Amos M. Witrow. Sentenced July 9, 1890; county, New York; crime, forgery, second degree; term, six years; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of three years and five days, actual time, from July 11, 1890, on condition that he abstain from the use of intoxicating liquors for the period of five years from date.
Judge Martine, who sentenced the prisoner, recom- mends that, in view of the small amount involved and of the fact that it was Withrow's first offense, the sentence be reduced to four years, subject to statutory commutation, in other words to three years actual service. Withrow has been of much service during his confinement, and the officers of the prison recommend him as worthy of clemency.
July 14, 1893. Evaristo M. Hernz. Sentenced February 5, 1892; county. New York; crime, forgery, second degree; term, six years and six months; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of one year, five months and ten days, actual time, from February 6, 1892.
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Recommended by the judge and the district attorney on the grounds of strong mitigating circumstances, and the prisoner's previous good character. He has a family dependent upon him, and immediate employment is promised.
July 14, 1893. Charles C. Hearne. Sentenced March 16, 1891; county, New York; crime, grand larceny, first degree; term, seven years and seven months; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of two years, three months and twenty-nine days, actual time, from March 17, 1891.
The evidence adduced upon the trial, while legally sufficient to sustain the verdict, did not very clearly establish the commission of the offense of which the prisoner was accused.- He has now served about half of the sentence, and, in view of the doubt as to his guilt, ought not to be further detained in prison. The judge and the district attorney, although not questioning the verdict, recommended his release on the ground that he has been sufficiently punished.
July 14, 1893. JohnEnnis. Sentenced April 24, 1890; county, Albany; crime, burglary, third degree; maximum term, five years; prison, State Reformatory; transferred to Clinton prison.
Sentence commuted to imprisonment in the State Reformatory and Clinton prison for the term of three years, two months and twenty-two days, actual time, from April 24, 1890.
Ennis was convicted with two others, who were sent to Clinton prison and have long since been
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discharged. All were equally guilty, but he was entitled to more leniency than the others, on account of his youth, and the court intended to award punish- ment on that basis, but the intention has been frustrated by transferring the prisoner to Dannemora, to serve out a maximum term. The judge recom- mends executive clemency.
July 14, 1893. John Pierson. Sentenced May 23, i8go; county. Kings; crime, burglary, third degree; maximum term, five years; prison, State Reformatory; transferred to Auburn prison.
Sentence commuted to imprisonment in the State Reformatory and Auburn prison for the term of three years, one month and twenty-three days, actual time, from May 23, 1890.
The prisoner has consumption and will not live long, and he has been fully punished for his offense.
July 14, 1893. James Lockwood. Sentenced October 20, 1892; county. New York; crime, burglary, first degree; term, five years; prison. Sing Sing; transferred to Auburn.
Sentence commuted to imprisonment in Sing Sing and Auburn prisons for the term of eight months and twenty-five days, from October 20, 1892.
Granted on the recommendation of the judge and the district attorney. It is quite doubtful if a burglary was committed, but, in any view, the offense was not one requiring severe punishment.
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July 18,1893. Thomas Jacques. Sentenced February 25, 1881; county; Oncmdaga; crime, burglary, first degree; two indictments; term, forty years; prison, Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of twelve years, four months and twenty-two days, actual time, from February 28, 1881.
With legal commutation, the prisoner has now served a twenty years' term, being one-half the sentence imposed. The judge who sentenced him writes : " I am inclined to think he has been sufficiently punished, considering that he was under age at the time and led on by older and worse thieves." The district attorney, who procured the conviction, concurs with the judge. Justice does not require further punishment.
July 26, 1893. William A. Martin. Sentenced April 30, i8gi; county. New York; crime, grand larceny, second degree; term, four years; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of two years, two months and twenty-six days, actual time, from May 2, 1891.
Martin received from a jeweler goods on what is known as a sale or delivery upon memorandum, that is, the goods were delivered to him with authority to sell them, and account to the person delivering them for the purchase-price. He did not so account, and for his failure to do so was convicted of grand larceny and sentenced to imprisonment for four years. I do not think the circumstances demanded so long a term. The punishment already undergone is severe enough.
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July 26, 1893. John P. Rosensteel. Sentenced June 29, 1889; coiiaty, New York; crime, robbery, first degree; maximum, term, twenty years; prison. State Reformatory; transferred to Clinton.
Sentence commuted to imprisonment in the State Reformatory and Clinton prison for the term of four years and one month, actual time, from June 29, 1889.
The jury convicted the prisoner of robbery and recommended him to the mercy of the court, and he ■was thereupon sentenced to imprisonment in the State Reformatory, whence he was transferred about a year ago to Clinton prison, there to serve out the unexpired portion of a term of twenty years. The judge who sentenced him is dead, but I feel quite sure that he never intended that punishment of such severity should be inflicted. The district attorney is very earnestly in favor of a commutation.
July 26, 1893. Samuel P. Gross. Sentenced November 10, 1S90; county. New York; crime, grand larceny, second degree; maximum term, five years; prison, State Reformatory; transferred to Auburn.
Sentence commuted to imprisonment in the State Reformatory and Auburn prison for the term of two years, eight months and eighteen days, actual time, from November 10, 1890.
The district attorney, in his report upon the applica- tion, says that, judging from the ordinary standards prevailing in such cases, imprisonment for the maxi- mum period is excessive and unjust, and that, in his judgment, it is fit and proper that executive action should be taken, whereby the prisoner may receive the benefit of the judicial clemency which it was intended
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to allow him at the time of his sentence, and which the circumstances of the case warrant. The judge concurs in the views of the district attorney. A sen- tence for three and one-half years would have been unduly severe, and Gross has now served more than that, deducting legal commutation.
July 26, 1893. Louis Dreschler. Sentenced October 16, 1891; county, Onondaga; crime, grand larceny, second degree; term, three years and three months; prison, Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of one year, nine months and eight days, actual time, from October 20, 1891.
Dreschler has served more than half of his term and is dying with consumption.
August I, 1893. Abram North, Sentenced March 12, 1892; county, Ulster; crime, assault, second degree; term, two years and eight months, prison, Clinton.
Sentence commuted to imprisonment in Clinton prison for the term of one year, four months and nineteen days, actual time, from March 15, 1892.
The judge and the district attorney recommend a commutation on the ground that the sentence was too severe. The judge writes : "Had the amendment to the Penal Code, conferring unlimited discretion as to the minimum of sentence, been in operation at the time of North's conviction I should have sentenced him to imprisonment in the Albany penitentiary for
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one year. Having, however, no discretion in the matter, I sentenced him to imprisonment in the State prison for the shortest term then permitted by the statute."
August I, 1893. Ishmael Freeman. Sentenced April 24, 1861; county, Dutchess; crime, murder, second degree; term, life; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of thirty.two years, three months and four days, actual time, from April 29, 1861.
Freeman was arrested in December, 1859, U-pon a charge of murdering his wife by poison and has been in confinement ever since. 'He was tried twice ; first in March, i860, when the jury failed to agtee, and again in April, 1861, when he was convicted of murder in the second degree and sentenced to imprisonment for life. At this late day it is impossible to procure a copy of the evidence or to learn with certainty the character of the proof given upon the trial, but the verdict itself seems to imply a doubt in the minds of the jury as to the prisoner's guilt. Intentional killing by poison is necessarily deliberate and pre- meditated, and cannot possibly be anything less than murder in the first degree, and a verdict for a lesser degree is altogether inconsistent with the idea that the evidence was of so convincing a nature as to exclude all reasonable doubt of guilt. The prisoner has always strenuously asserted his innocence and claimed that his conviction was due to the absence of his witnesses, who disappeared in the year that elapsed between the first and second trials.
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During his long confinement he has so conducted himself as to win the respect • and confidence of all the prison officers, who very earnestly favor his applica- tion for clemency. It is also supported by prominent residents of Westchester and Dutchess counties. Under all the circumstances I am of the opinion that the case is a proper one for executive clemency.
August I, 1893. George Mullen. Sentenced August 17, 1888; county, New York; crime, robbery, second degree; terra, nine years and five months; prison. Sing Sing; transferred to Auburn.
Sentence commuted to imprisonment in Sing Sing and Auburn prisons for the term of four years, eleven months and sixteen days, actual time, from August, 1888.
Mullen has but little more than a year to serve to complete his term. He is ill with consumption and cannot live the year through.
August I, 1893. John Mead. Sentenced August 13, i8gi; county. New York; crime, attempt to commit burglary, second degree; maximum term, five years; prison. State Reformatory; transferred to Auburn.
Sentence commuted to imprisonment in the State Reformatory and Auburn prison for the term of one year, eleven months and twenty-one days, actual time, from August 13, 1891.
The physician reports that Mead is quite ill ; that he may live another year, but cannot do so in ■ prison. His conduct since his transfer from the Reformatory has been excellent, and he has served, with com- mutation, more than half the maximum term for his offense.
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Augusts, 1893. Paul Gaugi. Sentenced June 1, 1885; county, New York; crime, arson, first degree; term, fifteen years; prison. Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of eight years and four months, actual time, from June 2, 1885.
Gaugi was convicted in May, 1884, and sentenced to imprisonment for fifteen years, and was at once taken to Sing Sing and commenced the service of his term. The judgment was reversed, and a new trial was had in May, 1885, when he was again convicted and sentenced, as before. In the meantime, a period of something over a year, he remained in confinement, either at Sing Sing or in the city prison in New York. He asks that the sentence be com- muted so as to give him this year as part of his term under the second conviction, and I have thought it just to grant his request.
August 8, 1893. John F. MuUoney. Sentenced February 10, 1893; county, Kings; crime, petit larceny; term, one year; prison, Kings County Penitentiary.
Sentence commuted to imprisonment in Kings County penitentiary for the term of six months, from February 10, 1893.
Granted on the recommendation of Hon. Henry A. Moore, by whom the prisoner was sentenced. MuUoney is reported by the physician to be in a dying condition.
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August 10, 1893. Michael Cassello. Sentenced April 25, 1893; county, Kings; crime, murder, second degree; term, life; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of fifteen years, subject to com- mutation from April 26, 1893.
August 10, 1893. Angelo Sartori. Sentenced April 25, 1893; county. Kings; crime, murder, second degree; term, life; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of fifteen years, subject to com- mutation from April 26, 1893.
Hon. Edgar M. CuUen, before whom these prisoners -were tried, recommends that the sentence in each case be reduced to the term of fifteen years. He writes : " The facts of the case are briefly as follows : On the evening of January second last, on a ferry- boat plying between New York and Brooklyn, one Peter J. Eccles had an altercation with some Italians, by whom he was assaulted. In the assault he was stabbed by one of the number, from which wound he died on the following day.
"All of the party of Italians, seven in number, were indicted for murder in the first degree. Sartori was first put on trial ; Michael Cassello next, and Bruno Cassello third. Until the trial and conviction of Bruno Cassello the prosecution did not know, nor did the evidence disclose, which prisoner used the knife. On Bruno's trial it did appear that he was the person, and he subsequently in court admitted his guilt.
"The first two defendants were tried and convicted as participators in the common design, regardless of
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whether the weapon was used by either of them or not. As the evidence stood in the case on their trial, in my opinion, the judgment of the jury was entirely correct. But, after the trial of Bruno Cassello, I am inclined to the opinion that there is doubt as to whether the first two named defendants were participators in this design to use the weapon, although they certainly did join in the assault on the deceased, and also prevented interference by other persons in the deceased's behalf.
" For these reasons, though the two prisoners named certainly deserve severe punishment, I think there should be made a discrimination between their punish- ment and that of the principal offender."
August 10, 1893. James Cook. Sentenced December 4, 1889; county, Monroe; crime, robbery, first degree; term, twelve years; prison, Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of three years, eight months and five days, actual time, from December 6, 1889.
Recommended by the judge, eleven of the jury and many leading citizens of Rochester. This was Cook's first offense of any kind, and he has been abundantly punished for it.
August II, 1893. Nicola Greco. Sentenced June 5, 1891; county, New- York; crime, assault, second degree; term, three years and ten months; prison, Sing Sing; transferred to Auburn.
Sentence commuted to imprisonment in Sing Sing and Auburn prisons for the term of two years, two months and nine days, actual time, from June 6, 1891. 32
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The prisoner is very ill and his friends desire to take him home before his death. He has served all but eight months of his sentence, less deduction for good conduct.
August 15, 1893. Mary H. Martin. Sentenced December 30, 1892; county, Kings; crime, grand larceny, second degree; term, two years; prison, Kings County Penitentiary; transferred to Auburn.
Sentence commuted to imprisonment in Kings County penitentiary and Auburn prison for the term of seven months and nineteen days.
Upon a careful examination of all the circumstances of this case, I am clearly of the opinion that the prisoner has been amply punished for her offense, and, considering her youth and her previous orderly life and good conduct, further imprisonment would, in my judgment, do more harm than good. I have, therefore, determined to grant her prayer for clemency.
September i, 1893. Edward Geoghan. Sentenced February 14, 1893; to be executed; county, Kings; crime, murder, first degree.
Sentence commuted to imprisonment for life in Sing Sing prison.
Insanity was the only defense upon the trial, and is the only ground urged in support of the applica- tion for clemency. The evidence before the jury was, however, altogether insufficient to establish the defense, and, if the determination of the question here depended exclusively upon the same evidence, the application could not be granted. But, upon a thorough examination of the prisoner, made at the
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prison by a competent and experienced physician, it clearly appears that Geoghan is insane, and although his mental derangement may not be of such a char- acter as wholly to exempt him from criminal respon- sibility, still I think the case a proper one for relief from the death penalty.
September i, 1893. William H. Best. Sentenced June 30, 1891 ; county, Kings; crime, bigamy; term, two years and eleven months; prison. Kings County Penintentiary.
Sentence commuted to imprisonment in Kings County penitentiary for two years, two months and six days, actual time, from June 30, 1891.
The prisoner's term will end in October, but as he can secure a desirable and permanent situation if released now, and might not be able to do so if he were to remain in prison until the expiration of his sen- tence, I have concluded to order his immediate discharge.
September 11, 1893. William Diffin. Sentenced February 13, 1892; county, Tompkins; crime, forgery, second degree; term, five years; prison, Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of one year, seven months and seven days, actual time, from February 13, 1892.
The judge recommends clemency in this case, say- ing that if the law, recently enacted, repealing the minimum penalty for forgery had been in force at the tinle of the conviction the sentence would not have been for a longer term than the prisoner has now served. The district attorney also favors the application.
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October 5, 1893. George B. Grant. Sentenced January 28, 1891; county, Tompkins; crime, forgery , second degree; term, five years; prison, Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of two years, eight months and six days, actual time, from January 31, 1891.
Granted on the recommendation of the judge, the district attorney and other residents of Tompkins county. The prisoner was indicted for forging his father-in-law's name to a promissory note. He had signed the name to such notes on former occasions with his father-in-law's knowledge and acquiescence, but he failed to take up the note in question, and his father-in-law refusing to pay, complaint was made and he was indicted. He has now served three and one-half years, less time allowed for good conduct, and his family are in great distress.
October 5, 1893. Samuel E. Wayman. Sentenced September 5, 1890, to be executed; county, Livingston; crime, murder, first degree; com- muted October 2, 1891, to imprisonment for life; prison. Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of two years and ten days, actual time, from October 2, 1891.
Wayman is serving a life sentence for the murder of Emory Thayer in 1885. He was convicted in 1890, upon the testimony of one Swartz, who swore that while he and Wayman were committing a burglary' in Thayer's house, Wayman shot Thayer. Wayman was sentenced to death, but on account of the doubt as to his guilt. Gov. Hill commuted the sentence to
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imprisonmemt for life. About a year ago Swartz, who was serving a term in Auburn prison for burg- lary, was taken sick and died, but shortly before his death he confessed to the chaplain of the prison that his testimony at Wayman's trial was false, and that Wayman was entirely innocent. After a careful consideration of the whole case I have become con- vinced that Wayman was unjustly convicted, and, therefore, ought to be released.
October 13, 1893. William E. Carpenter. Sentenced June 30, 1892; county, New York; crime, grand larceny, first degree; term, nine years; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of one year, three months and seven days, actual time, from July 8, 1892.
The cashier of a firm of brokers in New York city stole from them money and securities aggregating in value $60,000, and deposited all but about $S,ooo with the prisoner (who was employed by the same firm as clerk), with the understanding that the prisoner should hide the property until the cashier sent for it, and that it should then be divided equally between them. The cashier then left the country. The theft having been discovered. Carpenter was taxed with complicity in it, which he at first denied, but shortly afterward made a complete disclosure of all he knew about the matter, returned to the firm all the prop- erty left in his custody, and gave such information to the authorities as resulted in the capture and return of the cashier and the recovery of all but a,
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small part of the funds which he took with him. Carpenter pleaded guilty to the indictment and was sentenced to imprisonment for nine years. The judge who imposed the sentence writes that, considering all the facts of the case, the contrition and regret shown by the prisoner for his acts, and his ability to earn a livelihood for himself and wife, no interest of jus- tice would, in his opinion, suffer, should the applica- tion be granted. He, therefore, joins with the district attorney in recommending that clemency be extended to the prisoner. The petition is signed by many leading bankers and business men of New York city.
October 13, 1893. Edwin A. Mallett. Sentenced. April 29, 1892; county, New York; crime, grand larceny, second degree; term, two years and six months; prison, Sing Sing.
Sentence commuted to imprisonment in Sing- Sing prison for the term of one year, five months and fourteen days, actual time, from- April 30, 1892.
Recommended by the complainants, who were the only sufferers on account of Mallett's misdeed, and by the district attorney. There is good reason to believe that the prisoner was induced to commit the act charged against him, under the advice of counsel, to the effect that he thereby simply exercised a legal right. In any view of the case he has fully expiated his offense.
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October 13, 1893. John White. Sentenced October 13, 1892; county, Chenango; crime, bribery; term, one year and ten months; prison.Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of eleven months and twenty- two days, actual time, from October 22, 1892.
Granted on the recommendation of many citizens of Chenango county, including the judge and the district attorney, on the ground that the prisoner has been sufficiently punished.
October 13, 1893. William A. Bowry. Sentenced July 29, 1892; county, Kings; crime, grand larceny, second degree; term, two years and six months prison. Kings County Penitentiary.
Sentence commuted to imprisonment in Kings county penitentiary for the term of one year, two months and sixteen days.
The crime of which the prisoner pleaded guilty was not of an aggravated nature, and it was his first offense. He has been adequately punished for it, is sick and cannot recover.
October 13, 1893. John Stone. Sentenced October 7, 1892; county. New York; crime, burglary, third degree; term, two years; prison, Sing Sing; transferred to Auburn.
Sentence commuted to imprisonment in Sing Sing and Auburn prisons for the term of one year and seven days, actual time, from October 8, 1892.
Released on account of ill health. Stone can live only a short time, and he has served more than half the sentence imposed.
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October 13, 1893. Henry Koenig. Sentenced February 23, 1892; county, Erie; crime, burglary, third degree; term, five years; prison, Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of one year, seven months and twenty days, actual time, from February 25, 1892.
Recommended by the judge, the district attorney, the mayor and other prominent citizens of Buffalo. Koenig is in the hospital seriously ill, and can live only a few weeks.
October 24, 1893. Albert F. Avery. Sentenced March 4, 1893; county, Monroe; crime, grand larceny, second degree; term, one year; prison, Monroe County Penitentiary.
Sentence commuted to imprisonment in Monroe county penitentiary for the term of seven months and eighteen days, from March 8, 1893.
The sentence is commuted . upon the ~ recommenda- tion of the judge who pronounced it, and upon the petition of a large number of the best citizens of Rochester. All the purposes of punishment seem to have been fully accomplished, and to keep the pris- oner longer in confinement would inflict serious hardship on his family.
October 25, 1893. Thomas A. Keeler. Sentenced May 4, 1892; county, Monroe; crime, forgery, second degree; term, five years and seven months; prison, Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of one year, five months and twenty days, actual time, from May 7, 1892.
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The prisoner lias been in the hospital since May last, and is in the last stage of consumption, and his relatives desire to take charge of him. The judge, the district attorney and many other citizens join in the application for clemency.
October 26, 1893. Frank Benware. Sentenced November 28, 1891; county, Franklin; crime, rape; term, eight years and two months; prison, Clinton.
Sentence commuted to imprisonment in Clinton prison for the term of one year, ten months and twenty-one days, actual time, from December 7, 1891.
Granted on the recommendation of the judge and the district attorney, who say that the sentence was too severe, and that the prisoner has now received all the punishment the case demands.
November 1, 1893. Joseph HofEman. Sentenced December 23, 1890; county. New York; crime, forgery, second degree; term, seven years; prison. Sing Sing; transferred to Auburn.
Sentence commuted to imprisonment in Sing Sing and Auburn prisons for the term of two years, ten months and six days, actual time, from December 27, 1890.
The district attorney informs me that, at the time of the sentence, the complainant presented to the Court a statement alleging that Hoffman had defraiuded him out of a much larger sum of money than that involved in the charge specified in the indictment, and that in passing sentence, the judge was, no
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doubt, • influenced thereby. This statement was, how- ever, not verified and was not in harmony with the sworn statement contained in the complainant's orig- inal affidavit. The district attorney regards the case as worthy of clemency, in view of the severe sentence, the small amount of the note forged, and the pris- oner's previous unblemished character. Under all the circumstances, the two years and ten months now served, being equal to almost four years, with the allowance for good behavior deducted, are enough.
November i, 1893. Warren B. Brazington. Sentenced June 29 1S92; county, Orange; crime, burglary, third degree; term, four years and six months; prison. Sing Sing; transferred to Auburn.
Sentence commuted to imprisonment in Sing Sing and Auburn prisons for the term of one year, four months and two days, actual time, from July i, 1892.
Brazington is very low with consumption, and the commutation is granted so that he may return home before death.
November 2, 1893. George W. Curtis. Sentenced October 9, 1890; county, New York; crime, grand larceny, first degree; term, seven years; prison. Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of three years and six months, actual time, from October 10, 1890.
The district attorney recommends that, as the pris- oner was a young man of refined associations and good character, upon whom the lesson of imprison- ment must fall with especial force, and as the offense to which he pleaded guilty did not imply any great
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degree of moral turpitude, the term be reduced to three years. Upon due consideration of all the cir- cumstances, I have reduced it to three years and six months, actual service, which will release him in April, 1894.
November 3, 1893. James E. Booth. Sentenced February 20, 1884; county, Allegany; crime, rape; term, ninteen years and six months; prison, Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of nine years, eight months and fifteen days, actual time, from February 20, 1884.
The prisoner was covicted of an offense deserving severe punishment, but as this was his first trans- gression of any kind, his previous good character being satisfactorily established, I think that the full penalty prescribed by the statute was not demanded. He has now served nearly ten years, being equiva- lent to sixteen years, with commutation, and the judge, who sentenced him, and the district attorney, who prosecuted him, recommend that his prayer for clemency be granted.
November 3, 1893. Max H. Hersey. Sentenced October 24, 1892; county, New York; crime, abduction; term, two years; prison, New York Penitentiary.
Sentence commuted to imprisonment in New York penitentiary for the term of one year and three days, actual time, from November 2, 1892.
Granted on the recommendation of the district attorney. One year is sufficient for the offense committed.
508 FUBLIC -PAPERS OF GOVERNOR FLOWER.
November 3, 1893. Selden Jordan. Sentenced October 28, 1892; county, New York; crime, forgery, second degree; term, two years and six months; prison, New York Penitentiary.
Sentence commuted to imprisonment in New York penitentiary for the term of one year and six days, actual time, from October 29, 1892.
Granted on the application of the prisoner's mother. Jordan is about eighteen years of age, is now in prison for his first offense, and has served one year of his sentence. According to the physician's report, he can live only a very short time if kept in con- finement, but, if released, his life may be prolonged for several years. Under the circumstances, justice does not require his further detention.
November 3, 1893. Henry Cook. Sentenced November 14, 1892; county. New York; crime, grand larceny, second degree; term, two years and four months; prison. New York Penitentiary.
Sentence commuted to imprisonment in New York penitentiary for the term of eleven months and twenty days, from November 15, 1892.
The prisoner was in custody in the city prison for three months before his sentence, and has now been in the penitentiary but little short of a. year, and the judge and. the district attorney write that in their opinion he has been amply punished, and recommend that the remainder of his term be remitted.
November 14, 1893. John Murray. Sentenced June 10, 1890; county, New York; crime, grand larceny, second degree; maximum term, five years; prison. State Reformatory; transferred to Auburn.
Sentence commuted to imprisonment in the State Reformatory and Auburn prison for the term of
PUBLIC PAPERS OF GOVERNOR FLOWER. S09
three years, five months and two days, actual time, from June 14, 1890.
Murray has served all but two months of the time necessary to complete a five years' term (being the maximum for the crime he committed), less the statu- tory commutation. He is ill beyond recovery, and is released so that he may be cared for at home.
November 14, 1893. George Wilson. Sentenced September 25, 1891; county, Tioga;' crime, burglary, third degree; term, three years and six months; prison, Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of two years, one month and twenty days, actual time, from September 26, 1891.
Some months ago the prisoner underwent a severe surgical operation, and has been in the hospital ever since. He cannot recover and asks that he may go home for the little while he has to live. He has served the greater portion of his sentence.
November 22, 1893. David H. Crowley. Sentenced May 18, 1885; county. New York; crime, rape; term, seventeen years and six months; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of eight years, six months and twelve days, actual time, from May 19, 1885.
This commutation, under which the prisoner will be released on November thirtieth, reduces the sen- tence by about two years and four months, and is granted on the recommendation of Recorder Smyth, who sentenced him, and of District Attorney NicoU,
5IO PUBLIC PAPERS OF GOVERNOR FLOWER.
who took part in the prosecution. The application for clemency has been very earnestly supported by Hon. George Bliss, Hon. Elihu Root, Hon. Joel E. Erhardt, Hon. Daniel E. Sickels, Hon. John I, Daven- port and others.
November 27, 1893. Frank Davis. Sentenced October 13, 1891; county, Cayuga; crime, forgery, second degree; maximun term, ten years; prison. State Reformatory; transferred to Auburn.
Sentence commuted to imprisonment in the State Reformatory and Auburn prison for the term of two years, one month and nine days, actual time, from October 20, 1891.
Davis signed his employer's name to an agreement guaranteeing the payment of a week's board bill and was sent to the reformatory, whence he was transferred to the State prison to serve the remainder of a term of ten years. The punishment is too severe. The appli- cation for his release is made by the person whose name was forged, and the judge and the district attorney recommend that it be granted.
November 29, 1893. Florence Donoghue. Sentenced January 31, 1890; county, New York; crime, manslaughter, first degree; term, twenty years; prison,' Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of three years and ten months, actual time, from February i, 1890.
There were strong mitigating circumstances in this case which, together with the prisoner's previous excel- lent character, entitled him to great leniency. He has
P UBLIC PAPERS OF GO VERNOR FLO WER. 5 1 1
now served sometliing more than the minimum penalty for manslaughter in the first degree, and I think may- be restored to liberty -without prejudice to the due administration of justice.
December 5, 1893. Frank Le-wis. Sentenced September 30, 1891; county, Chautauqua; crime, grand larceny, second degree; term, four years; prison, Erie County Penitentiary.
Sentence commuted to imprisonment in Erie county penitentiary for the term of t-w-o years, f-wo months and seven days, actual time, from September 30, 1891.
The prisoner is seriously ill and cannot recover, and his brother desires to take him home.
(Le-wis died before the commutation -was received at the penitentiary.)
December 5, 1893. James Finn, Sentenced January jz, 1891; county, New York; crime, abduction; term, five years; prison. Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of t-wro years, ten months and t-wenty-five days, actual time, from January 13, 1891.
The prisoner is of -weak intellect and his mental responsibility at the time of the offense is quite doubtful. The circumstances do not require his further punishment.
December 5, 1893. George T. Mercer. Sentenced April i, 1892; county. New York; crime, seduction under promise of marriage; term, four years and ten months; prison, Sing Sing.
Sentence commuted to imprisonment in Sing Sing prison for the term of two years and six months, subject to commutation, from April 2, 1892.
512 p UBLIC PAPERS OF GO VERNOR FLO WER.
The sentence was for the longest term that could be imposed for the crime of which the prisoner was convicted. As he was only twenty years of age when he committed the act and had always before then sustained a good character, I think a lighter sentence would have been fully justified. Imprisonment for the term as commuted will be enough.
December 6, 1893. Thomas Ownes. Sentenced May 21 1892; county, Herkimer; crime, burglary, third degree; term, three years; prison, Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of one year, six months and fifteen days, actual time, from May 23, 1892.
The prisoner was but twenty-one years of age when convicted of this, his first offense. He has now served more than half his term, and the judge and the district attorney are of the opinion that he has been punished sufficiently, and unite with the com- plainant and other citizens in asking that he be released.
December 8, 1893. Theodore Garlick. Sentenced June i, 1893; county, New York; crime, burglary, third degree; term one year and three months; prison. New York Penitentiary.
Sentence commuted to imprisonment in New York penitentiary for the term of six months and three days, from June 7, 1893.
The prisoner's guilt is too doubtful to warrant his further detention. The judge and the district attor- ney recommend the case as a proper one for executive clemency.
PUBLIC PAPERS OF GOVERNOR FLOWER. SI3
December 9, 1893. Herman Miller. Sentenced April 6, i8gi; county, Oneida; crime, grand larceny, second degree; minimum term, five years; prison. State Reformatory; transferred to Auburn.
Sentence commuted to imprisonment in the State Reformatory and Auburn prison for the term of two years, eight months and six days, actual time, from April 6, 1 89 1.
Miller is seriously ill and not expected to live. He has now served, with commutation, a term of over three years, and his relatives ask the privilege of taking him home, where he can be suitably cared for.
December 20, 1893. Thomas Erwin. Sentenced April 20, 1892; county, Onondaga; crime, assault, first degree; term.five years; prison, Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of one year and eight months, actual time, from April 22, 1892, on condition that he wholly abstain from the use of intoxicating liquors for five years from date.
The district attorney recommends that this applica- tion for clemency be granted, saying that before the offense Erwin was an industrious man of the best character, and that, the assault consisted more in threats of violence than in actual violence done. The application is also supported by many of the most prominent citizens of Syracuse.
33
5 1 4 P UBLIC PA FERS OF GO VERNOR FL 0 WER.
December 20, 1893. Daniel Grady. Sentenced October 12, 1892; county, Cayuga; crime, burglary, second degree; term, five years; prison, Auburn.
Sentence commuted to imprisonment in Auburn prison for the term of one year, two months and two days, actual time, from October 20, .1892.
Granted on the special application of the physician of the prison, who says that Grady can live only a few days and his parents, residents of Cayuga county, are anxious to have him die outside the prison.
December 21, 1893. Mary E. Johnson. Sentenced January 9,1865; county. Orange; crime, murder, second degree; term, life; prison, Sing Sing; transferred to the State Prison for Women.
Sentence commuted to imprisonment in Sing Sing prison and in the State ' Prison for Women for the term of twenty-eight years, eleven months and fifteen days, actual time, from January 9, 1865.
Mary E. Johnson is a colored woman. When she was sixteen or seventeen years old she was convicted of murder in the second degree for killing her illegiti- mate child.' For that degree of homicide the statute then permitted a sentence for any term not less than ten years, and while punishment of some severity was demanded in this case, still taking into con- sideration the prisoner's youth and inexperience and the desperate circumstances in which she was placed when she committed the crime, I think the full penalty ought not to be exacted. She has now been in prison but little short of twenty-nine years, and no
P UBLIC PA PERS OF GO VERJ^Q^FL 0 WER. 5 1 5
useful purpose can be subserved by keeping- ligr tbere longer. Responsible persons have gfuaranteed to lur- nisb her with employment and a home.
December 30 1893. Pietro Russo. Sentenced March i. 1892; county, Kings; crime, assault, second degree; term, two years and eight months; prison. Kings County Penitentiary.
Sentence commuted to imprisonment in Kings county penitentiary for the term of one year, ten months and one day, actual time, from March i, 1892.
A surgical operation is necessary to save the pris- oner's life, and the physician of the penitentiary desires to remove him to a hospital, where he can receive proper care and attention.
5l6 PUBLIC PAPERS OF GOVERNOR FLOJVER.
RESPITES
March 13, 1893. James L. Hamilton. Convicted of murder, first degree, in the county of Queens and sentenced July 14, 1892, to be executed.
Respite granted until March. 20, 1893 ; and Marcli 17, 1893, again respited until April 3, 1893.
Granted on application of the prisoner's counsel, who desire to make a motion for a new trial.
May 12, 1893. John Fitzhum. Convicted of murder, first degree, in the county of Erie and sentenced May 26, 1892, to be executed.
Respite granted until May 29, 1893 ; and May 27, 1893, again respited until June 26, 1893.
Granted to afford sufficient time to examine the papers filed on an application made by Fitzhum for a commutation of the sentence.
August 18, 1893. Martin Foy, Jr. Convicted of murder, first degree, in the county of Saratoga and sentenced February 2, 1893, to be executed.
Respite granted until October 23, 1893.
Granted on the application of the warden of Clin- ton prison, to give time to make necessary prepara- tions for the execution.
P UBLIC PAPERS OF GO VERNOR FLO WER. 5 ^ 7
SUMMARY.
Applications for clemency remaining on file December 31, 1892 422
Applications filed during year 1893 463
S85
Commutations and pardons granted 128
Applicants died or terms expired 129
Executed 10
Remaining on file December 31, 1893 618
VETO, ASSEMBLY BILL No. 108 1, RELATING TO THE SALE OF INTOXICATING LIQUORS.
State of New York.
Executive Chamber,
Albany, May 15, 1893.
Memorandum filed with Assembly bill No. 1081, entitled "An act to amend chapter four hundred and one of the Laws of eighteen hundred and ninety-two, entitled ' A n act to revise and consolidate the laws regulating the sale of intoxicating liquors' " — Not approved.
Section eight of the chapter thus amended has already been previously amended during the present session of the Legislature, and the amendment is embodied in chapter 271 of the Laws of 1893. To approve this would be to repeal, by implication, the provisions of chapter 271, which, apparently, was not the intention of the measure. Aside from this diffi- culty in form, the bill is of questionable propriety
in substance.
ROSWELL P. FLOWER.
I N DEX,
MESSAGES. To the Legislature : page.
annual , 3
relating to use of butterine in State hospitals 74
relating to the State's forest preserve go
Addresses: MISCELLANEOUS.
Agricultural Lands, Values in, at Palmyra 397
Business Men in Politics, at Rochester 416
Canals, Electricity on the, at Rochester 421
Canals, the State, at Lowville 323
Charities, the State's, at Summit 303
Col. Cavanagh, when conferring the rank of Brevet Brigadier- General upon 263
Columbian Exposition, New York at the 309, 320
Dairy Products, at Watertown 368
Education, Higher, at Canton 272
Educational Facilities, New York's, at Potsdam 267
Farmers and the Legislature, at Warwick 355
Fish Culture and Farmers, at Sandy Hill 341
Gettysburg Dedications 278, 293, 295, 296
Good Roads, at Albion 359
Grange, the National, at Syracuse 414
How to Keep the Boy on the Farm, at Poughkeepsie 387
Panics, at Cortland 335
Saving Banks, Confidence in, at Watertown 301
Sunday School Union, to the, at Brooklyn 265
Taxes, State, at Canandaigua 373
Unemployed, Army of the, at Syracuse 345
Teachers, to, at New York city 402
Teachers, welcome to, at Albany , 298
Trenton, the Battle of 410
Beck, August, sheriff, in the matter of:
notice and summons 24*
appointment of commissioner 243
Certificate of the election of U. S. Senator Edward Murphy, Jr 66
Commutations of sentence 456
Correspondence, relating to;
Buffalo legislation 423
Civil Service Law, the 425
Erie county election 444
Kings county election trouble 429
New York and the World's Fair 427
Strike at Tonawanda 424
520 INDEX.
Miscellaneous — (Continued ) :
Designations: page.
Judge Beach to the Supreme Court, First Judicial District 241
Justice Bradley to the General Term, Fifth Department 235
Justice Brown as Presiding Justice, Second Department 255
Justice CuUen to the extraordinary Oyer and Terminer, Kings
county 238
Justice Landon to the Otsego Circuit 226
Justice Merwin to the General Term, Fourth Department 256
Judge Parker to the General Term, First Department 89
Justice Russell to the extraordinary Oyer and Terminer, Sara- toga county 231
Justice Stover to the extraordinary Oyer and Terminer, Albany
county. 227
Justice Stover to the extraordinary Oyer and Terminer, Sara- toga county 232
Judge Truax to the Supreme Court, First Judicial District. . . . 240
Justice Ward to the extraordinary Circuit, etc. , Allegany county, 183 Justice Ward to the extraordinary Special Term, Allegany
county 184
Furnace, Fred, excise commissioner, in the matter of:
notice and summons 229
approval of order of removal of 233
Harris, Carlyle, in the matter of;
appointment of commissioner to take proof 96
denial of application for clemency 102
Hoxsie, John A., sheriff, in the matter of :
notice and summons 94
dismissal of charges against 185
Malone, Frank, excise commissioner, in the matter of :
notice and summons 230
disapproval of order of removal of 234
Martel, James, appointment of commissioners to examine 188
Memoranda filed with approved bills :
Capitol, appropriation for the State (S. 107) 67
Indigent insane, for care of by the State (A. 160) 82
Kings county, relating to supervisors of (A. I. 374) 73
New York city water supply, for sanitary protection of (A. 877), 80
Rensselaer county surrogate, increasing salary of (A. 202) 76
Yonkers Railroad, extending time for completion of (S. 514.). . . 186
Pardons 449
Reprieves 516
Superintendent of Banks, in the matter of the:
dismissal of charges against 251
opinion in same 251
Supreme Court appointments :
extraordiilary Circuit, Special Term and Oyer and Terminer at
Belmont 183
INDEX. 521
Miscellaneous — (Continued):
Supreme Court appointments: page.
extraordinary Special Term at Belmont 184
extraordinary Oyer and Terminer at Albany 227
extraordinary Oyer and Terminer at Saratoga 231
extraordinary Oyer and Terminer at Brooklyn 238
Trede, excise commissioner, in the matter of;
disapproval o£ order removing 244
opinion in the same ..., 245
Weinaug, William, excise commissioner, in the matter of :
notice and summons 229
approval of order of removal of 233
PROCLAMATIONS.
Appointing April 27th a public holiday 98
Ordering a special election in the Ninth Senate district 77
Ordering a special election in the Fourteenth Congressional district, 257
Ordering a special election in the Fifteenth Congressional district. . 258
Relating to violation of election laws 237
Thanksgiving 236
VETOES.
Anthracite coal, to regulate the sale of (A. 581) igo
Appropriations for :
Binghamton State Hospital (2 items) (A. 1275) 225
Boys' Industrial Home (A. 1250) 133
Buffalo, for dredging basin at (S. 687). 154
Canal Bridge at Phoenix (A. 144} 78
Canal bridge at Syracuse (A. 1251) 131
Canal wall at Rome (S. 120) 121
Cayuga and Seneca canal repairs (S. 126) 120
Claims, Board of, possible awards by (S. 181) 196
Eastern New York Reformatory (A. 1040) 133
Epileptic colony (A. 459) •. 123
Experiment station on Long Island (A. 1165) 107
Fish hatchery on Watkins creek (S. 292) 93
Gettysburg, painting of the battle of (A. 1275) 221
Hudson, Hendrick, statue of (A. 102) 96
Hudson River State Hospital (A. 1275) 225
Institution for Inebriates (A. 1129) 133
Iron canal bridge at Mechanicville (S. 498) 2n
Iron bridge over Long lake (A. iioi) 152
Matteawan State Hospital (A. 1275) 826
Memorial Hall at White Plains (S. 337) 95
Monument to General Herkimer (S. 349) 123
Oneida Lake canalclaims awards, interest for (S. 588) 216
Owasco Lake highway improvement (S. 525) 122
522 INDEX.
Vetoes — ( Continued ) : Appropriations for: page.
Purchase of Ulster County Insane Asylum (A. 455) 127
Quarantine establishment (4 items) (A. 1275) 222
Railroad at State Reformatory (A. 633) 128
Rifle range in Rensselaer county (A. 1263) 129
Saint Lawrence State Hospital (2 items) (A. 1275) 224
State armory at Catskill (A. 1290) 169
State armory at Walton (A. 1039) 132
State camp military road (A. 1275) 221
State Custodial Asylum (A. 1275) 226
State Experiment Station (2 items) (A. 1275) 222
State Nautical School (S. 39) i53
State Sanitary inspector (S. 698) m
Superintendent of Public Instruction (A. 1275) 221
Utica State Hospital (2 items) (A. 1275) 225
Waste gates in dam at Carthage (A. 626) 130
Western House of Refuge for Women (2 items) (A. 1275) 224
Willard State Hospital, for furniture repairs, etc. (A. 1275) 225
Bayard, Homoeopathic College, to incorporate the (A. 1436) 108
Bellis, Police Justice, for the relief of (A. 672) 158
Berlin Railroad Commissioner, Rensselaer county, to abolish the
(A. 996) 106
Binghamton State Hospital, for constructing Sewer at (A. 1275) 225
Bingham ton State Hospital, for entertainment hall and road
(A. 1275) 225
Board of Claims, amending law establishing the (A. 385; 199
Board of Claims, appropriation for possible awards by (S. 181) 196
Board of Claims to hear claims of :
Benway, Thomas (A. 735) 1S2
Holdridge, Harrison (A. 444) 210
McKinstry, Charles (S. 71) 181
Morgan, Carter H. (A. 466) 179
Putnam, John R. (S. 517) 180
Roberts, John (A. 1381) 142
Rochester, city of (S. 275) 219
Ross & Sanford (S. 347) 117
Schwartz, Henry L. (S. 179) 116
Sundry counties (A. 927) 172
Boys' Industrial Home, to establish a (A. 1250) 133
Brooklyn :
for acquisition of water front by (A. 1078) 1G6
for improvements in the Eighth ward of (S. 6S4) 167
relating to fire department of (A. 1208) 165
to close a part of Heyward street in (A. 1183) 168
to close a part of Clymer street in (S. 568) 168
Brooklyn and Kings county officials, to legalize action of (S. 67). . . . 68
Buffalo cemetery lands, for street purposes (A. 1534) 178
INDEX. 523 Vetoes — (Continued ) : pa'be.
Buffalo, for dredging the Ohio basin at (S. 687) 154
Carthage, for waste gates at (A. 626) 130
Catskill, for improvements on State armory (A. 1290) 1G5
Cayuga and Seneca canal, for repairs on the (S. 126) i2o
Cheese, to promote the consumption of (A. 793) 215
Civil Procedure, Code of:
amending, (A. 380) 205
amending, as to judicial settlements (A. 389) 206
amending, as to infants' real property (A. 1206). 206
amending, as to exemptions and appeals (S. 205) 207
amending, as to limitations (A. 1094) 162
amending, as to delivery of acknowledged instruments (S. 38). . 175
amending, as to judgments against employers (A. 1204) 134
Citizen's Loan agency, to recharter the (A. 1223). 156
Civil Service law, to amend the (A. 607) 99
Clinton county, relating to taxes in (S. 758) 204
Collateral inheritance tax in Kings county, relating to the (A. 416). . 195
Conditional sales, relating to contracts for (A. 252) ...... 214
Corning, to amend the charter of (S. 399). ■ Ii3
County Clerks, to regulate business of (A. 1327) 159
County law, to amend the (A. 543) 218
Criminal Procedure, to amend as to jurisdiction of courts (A. 967). . 161
Dipsomania in penitentiaries, for treatment of (A. 1397) 146
Dredging Ohio basin of Buffalo (S. 687) 154
Eastern N. Y. Reformatory, relating to the (A. 1040) 133
Epileptics, to establish a colony for (A. 459) 123
Erie county clerk, to be a salaried officer (A. 750) i8g
Escheat to William T. Frost (A. 1561) 208
Escheat to Nicolas Munch (A. 792) 209
Escheat to Howard Winship (A. 530). 209
Executive law, to amend the (A. 162) 89
Executors and administrators, relating to (A. 730) 190
Experiment station on Long Island, for an (A. 1165) 107
Fish hatchery on Watkins creek, for a (S. 292) 93
Frost, William T., escheat to (A. 1561) 208
Game, for the protection of (S. 625) no
Game law, to amend the (A. 839) 109
Game law, to amend the (A. 1396) 109
Game law, to amend the (A, L 1266) 157
Gettysburg, for historical painting of (A. 1275) 221
Herkimer county, relating to a road district in (A. 1399) 142
Herkimer, for a monument to Gen. (S. 349) 123
Highway law, amending the (A. 1 122) 193
Hudson, Hendrick, for a statue of (A. 102) ; 96
Hudson River State Hospital, for improvements and reservoir
(A. 1275) 225
Institution for Inebriates, to establish an (A. 1129) 133
524 INDEX.
Vetoes — (Continued ) : page.
Intoxicants, relating to sale o£ (A. 1081) 517
Kings county, .for a collector of collateral inheritance taxes in .
(A. 416) 195
Kings county, for opening Remsen avenue in (A. 1453) 194
Kings county officials, to legalize acts ol certain (S. 67) 58
Labor on surface and elevated railroads, to regulate hours of
(A. 232). 174
Ladies' Deborah Nursery, to exempt from taxation the (A. 1430). . . 107
Long Island City indigent sick, relating to the (A. 554) 148
Long Island City schools, for payment of rents of (A. 11 71) 147
Long Island City street improvements, for certain (A. 1067) 149
Long Lake, for a bridge across (A. iioi) 152
Matteawan State Hospital, for additional buildings at (A. 1275). . . . 226
Mechanics' lien law, to amend the (A. 1070) 159
Mechanicville, for an iron canal bridge at (S. 498) 211
Munch, Nicolas, escheat to (A. 702) 209
Myer's voting booth, for introduction of the (A. 1344) 137
Newtown, for additional cemeteries in (A. I. 1394) 150
New Utrecht, Kings county, for highway improvements in (S. 732). 170 New York city -.
acquisition of lands by, for the (A. 1397) 115
dock department, relating to the (S. 602) 113
dock board, relating to the (A. 206) 212
evening high school in, providing for an (A. 58) 79
fire department, for building sites for the (S. 364) 113
increased salaries and the succession tax in, relating to (A. 1357), 192
regulation of property sold for taxes, for the (A. 121S) iig
trees in parks, relating to (A. 1197) 164
Twenty-second street sewer assessments, to correct the (A. 1068}, 1 14
New York Finance Company, to incorporate the (A. 14 19) 154
Non-residents, taxing lands of (A. 1085) 205
Norwich, to amend the village of (A. 1259) 219
Oneida County Supervisors, to legalize acts of (S I. 674) 100
Oneida Lake canal, claims award, to allow interest on the (S. 588). . 216
Onondaga Historical Association, to amend charter of (S. 187) 87
Ontario county excise moneys, relating to (A. 975) 177
Owasco Lake highway, for protection of the (S. 525) 122
Penal Code, to amend the (A. 645) 160
Penal Code, to amend section 389 of (A. 1562) 218
Penal Code, to amend the (A. 380) 205
Penn Yan, to amend charter of (A. 1380) 140
Phoenix, Oswego county, for canal bridge at (A. 144) 78
Political divisions of the State, relating to the (A. 561) 189
Public health, relating to the (A. 1189) 119
Public instruction. Superintendent of, for printing (A. 1275) 221
Quarantine, for artesian wells on islands (A. 1275) 222
Quarantine, for enlargement of Hoffman Island at (A. 1275) 222
INDEX. 525 Vetoes — (Continued): page.
Quarantine, for painting buildings, at (A. 1275) 222
Quarantine tug, for new boiler for (A. 1275) 222
Railroad law, amending the (A. 1432) I35
Railroad, surface and elevated, to regulate labor on (A. 232) 174
Rifle range, Rensselaer county, for purchase of a (A. 1263) 129
Rochester;
amending charter of (A. 725) 88
Board of Claims to hear claim of city of (S. 275). 219
Firemen's Pension fund, to establish a (A. 1261) 140
Homoeopathic Hospital, to exempt from taxation the (S. 397). . . 112
Rockland county, relating to taxes in (A. 692) 204
Rockland county, Penny bridge, relating to the (A. 189) 169
Rome, for canal wall at (S. 120) 121
Saint Lawrence State Hospital, for additional building (A. 1275) 224
Saint Lawrence State Hospital, for roads and grading at (A. 1275). . 224
Saint Vincent's Retreat, to amend charter of the (A. 418) 147
Sanitary inspector, for a State (S. 698) iii
Saranac Lake, to incorporate the village of (A. 1153) 157
School districts, for consolidation of (A. 83) 144
Seneca Falls, anatomical school, for a (A. 1028) 171
South Side Sportsmen's Club, to amend charter of (S. 155) 87
State armory at Catskill (A. 1290) 169
State armory at Walton, repairs (A. 1039). 132
State Board of Undertakers, to establish a (A. 1014) 171
State camp, for military road at (A. 1275) 221
State Custodial Asylum, for new cottages (A. 1275) 226
State Experiment station, for building at State fair grounds
(A. 1275) 222
State Experiment station, for additional buildings at (A. 1275) 222
State Nautical school, to establish a (S. 39) 153
State Reformatory, for a railroad to the (A. 633) 128
State salt lots, for renewing the leases of (S. 518) 193
Stenographer Eighth Judicial District, for an additional (A. 1057). . ZI3
Superintendent Public Instruction (A. 1275') 221
Supply bill, items in the (A. 1275) 220
Surface waters, relating to the flow of (A. 1188) 136
Surrogates clerks, to provide for additional (S. 300) 191
Syracuse, for a canal bridge at (A. 1251) 131
Town law, to amend the (A. 864) 213
Trade-mark bottles, amending law relating to (A. 496) 176
Ulster County Insane Asylum, for purchase of by the State (A. 455), 127
Utica State Hospital, for printing press, etc. (A. 1275) 225
Utica State Hospital, for repairs (A. 1275) 225
Village law, to amend as to cross-walks (A, 1244) 145
Walton State armory, for improvements in the (A. 1039) 132
Western House of Refuge for Women, for assembly hall, etc.
(A. 1275) 224
526 INDEX.
Vetoes — ( Continued ): page.
Western House of Refuge for Women, for farm buildings at
(A. 1275) 224
White Plains, for a memorial hall at (S. 337) 95
White Plains, to amend charter of (A. 1482) 139
Willard State Hospital (A. 1275) 225
Winship, Howard, escheat to (A. 530) 209
Wolff Island Bridge Company, to incorporate the (A. 1209) 138
COMMUTATIONS.
Avery, Albert F 504
Bender, John V 481
Benware, Frank 505
Berkhout, Jacobus J 475
Best, William H 499
Boehanski, Andrew 463
Booth, James E 507
Borkheim, Benjamin , 467
Bornstein, Charles 478
Bowry, William A 503
Brazington, Warren B 506
Burns, James 457
Carpenter, William E 501
CasseUo, Michael 496
Conover, James , 462
Cook, Henry 508
Cook, James 497
Crawford, Thomas R 476
Crooks, Andrew 467
Crowley, David H 509
Curtis, George W 506
Davis, Frank 510
De Baum, Charles 1 47g
De Borkewitch, Stanislaus 486
Deesten, William 473
Diffin, William 4gg
Dillon, George ■ 466
Doblin. Abraham 463
Donoghue, Florence 510
Donovan, James 45q
Doyle, John 457
Dreschler, Louis , 492
Drew, George H , 474
Duncan, William C 480
EUsler, William 47g
Etinis, John 488
Erwin, Thomas 513
Fagan, Addison 462
Findley, Thomas S 480
INDEX. 527 Commutations — (Conlinued)i page.
Finn, James , 511
Freeman, Ishmael 493
Gaugi, Paul 495
Garlick, Theodore 512
Geoghan, Edward 498
Grady, Daniel 514
Grant, George B. . , 500
Greco, Nicola ,,.... 497
Gross, Samuel P 491
Hamilton, Wells 485
Hearne, Charles C 488
Herman, Edward 472
Hernz, Evaristo M 487
Hersey, Max H 507
Hoffman, Joseph 505
Hughes, James 483
Jacques, Thomas 490
Johnson, Mary E 514
Jones, Thomas 469
Jordan, Selden 508
Keeler, Thomas A , 504
Kennedy, William 485
King, Cornelius A 483
Koenig, Henry 504
Kruhm, Otto 481
Lavelle, Felix 483
Leask, Charles P 486
Lewis, Frank 511
Lockwood, James 489
MaUett, Edwin A 502
Martin, Mary H 498
Martin, William A 49°
Matheson, William. 465
McDonald Patrick 475
McHalpin, John 456
McKenzie, Andrew 464
Mead, John 494
Mercer, George T 511
Miller, Herman 5i3
Montgomery, James T ■> 475
Mullen, George 494
MuUoney, John F 495
Mulvanney, James 462
Murray, John 508
Nichols, Patrick 460
North, Abram 492
O'Reilly, Frank .• 471
528 INDEX.
Commutations — (Continued): page.
Owens, Thomas 512
Parker, William H 4(JS
Pierson, John 489
Reinhart, John M 461
Richards, Noah 458
Rosensteel, John P 491
Russo, Pietro 515
Sartori, Angelo 496
Savignano, Frank 470
Shea, Daniel 486
Sheridan, Alfred 484
Sheridan, Thomas 482
Shultz, Peter . 471
Sliney, Michael T 473
Smith, Adam 470
Stone, John 503
Stroud, William A 476
Sullivan, John 472
Wayman, Samuel E 500
Webler, Edward . 456
White, John ' 503
Wilson, George 509
Witrow, Amos M 487
Young, Ward 466
PARDONS.
AUoway, William 454
Anderson, John 451
Bishop, Georgiana , , ^^j.
Brown, Frank. -j.
Canning, Marion 450
Cannon, William P 45 ,
Conners, George 4,2
Depew, James F 4,4
Driggs, Chalmers O 45 j
Foster, James 45,
Hand, Julia 4,,
Kinsella, Arthur ,,-
Mahoney, Patrick 4-1
Mineski, John 440
Neuer, William F 4-2
Schmidt, Henry ^_
Wilber, Edward 440
Willing, Matthias D ' ' " 452
RESPITES.
Fitzhum, John jjg
Foy, Martin, Jr cjg
Hamilton, James L 5 jg