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"^ /
New York. State Library
-^< ^
YEARBOOK OF LEGISLATION 1905
EDITED BT
Robert H. Whitten, Sociology Librarian
LEGISLATION BULLETIN a6 NEW YORK GOVERNORS BiESSAGES X777-190X
a7 DIGEST OP GOVERNORS MESSAGES 1905
a8 INDEX OF LEGISLATION 1905
99 REVIEW OP LEGISLATION 1905
ALBANY
NEW YORK STATE EDUCATION DEPARTMENT
1906
,^ Price $1
/
•
•
• • •
• •
•
•
<
'•v.v
• •
.....
• • •
.. ..•
•• •
..... .
.....
• • •
• ••
•
8TATB OF HSW YORK
EDUCATION DEPARTMBRT
Rtf Mts of tht Unlvvrilty
With jmn wben ttnns tacpira
1913 Whitblaw Rbid M.A, LL.D. Chancellor . . New York
1 91 7 St Clair McKblwat M.A. LL.D. Vice Chancellor Brooklyn
1908 Danibl Bbach Ph.D. LL.D Watkins
X914 Pliny T. Sbxton LL.B. LL.D Palmyra
191a T. Guilford Smith M.A. C.E. LL.D. . . . Buffalo
1907 William Nottingham M.A. Ph.D. LL.D. . Syracuse
1910 Charlbs a. Gardiner Ph.D. L.H.D. LL.D. D.C.L. New York
1915 Albert Vander Veer M.D. M.A. Ph.D. LL.D. . Albany
X91X Edward Lautbrbach M.A. LL.D New York
1909 Euobnb a. Philbin LL.B. LL.D New Yprk
X916 Lucian L. Shbddbn LL.B Plattsburg
CommiMlODcr of BdacAtlon
Andrbw S. Draper LL.B. LL.D.
AMistent Commlsdoiitn
Howard J. Rogbrs M.A. LL.D. First Assistani
Edward J. Goodwin Lit.D. L.U.D. Second Assistant
Augustus S. Downing M.A. Pd.D. LL.D. Third Assistant
8ter«tarj to tht Commiwlonar
Harlan H. Horner B.A.
Dinetor of Statt library
>Bdwin H. Anderson M.A.
Dinetor of Sdwco and Stato Momiub
John M. Clarkb Ph.D. LL.D*
CUoft of Dlvldoni
Accounts, William Mason
Attendance, James D. Sullivan
Educational Extension, William R. Eastman M.A. B.L.S.
Examinations, Charles P. Wheelock B.S. LL.D.
Inspections, Frank H. Wood M.A.
Law, Thomas E. Finegan M.A.
School Libraries, Charles E. Fitch L.H.D.
Statistics, Hiram C. Casb
Visual Instruction, DbLancbt M, Ellis
>Dii«ctor dnoe January 'i,*i 006,
LEADING CONTENTS OF THE THREE ANNUAL BULLETINS
Full contents are at the
A eeneral index to the three annua
volume.
I and an index at the end of each bulletin,
bulletins will be found at the end of this
Administration of estates
Administration of justice
Administrative law
Agriculture
Banking
Charities
Child labor
Children
Citizenship. Civil and political rights .
Civil law
Civil procedure
Combmations and monopolies
Commerce and industry
Constitutional law
Constitutions
Contracts and other obligations
Control of waters
(• Corporations .'
^^ Corrections
* ^ Courts
r^ Crimes and offenses
' Criminal law
i Criminal procedure
> Direct legislation
^ Diseases of animals
Domestic animals
Education. Science. Culture
Elections
Estates of decedents
Experiment stations
Family
Farmers institutes
Feeble-minded and epileptic
Finance. Public property
Food legislation
Forestry
Game and fish
Geology
Guarcfianship
Horticulture. Diseases and pests
Inheritance tax
Insane
Insolvency
Insurance
Irrigation
Lalx)r
Land drainage
Legislature
LibrarieSt ... * >
Digest of
Governors
Messages
Marginal no.
426
S90
750
1836
1679
2140
2118
2172
116
375
69s
589
1432
IS
30
453
1 180
500
335
600
234
200
202
115
1 144
1875
2220
126
426
1828
474
1829
2210, 2215
770
956
1890
1900
2384
1844
836
2193
449
1732
1 183
2040
H83
77
235a
Index
of
Legislation
Marginal no.
426
590
750
1826
1679
2140
2118
2172
116
375
695
589
1422
15
30
453
1 180
5 00
335
600
234
200
202
"5
1 144
i87S
2220
126
426
1828
474
1829
2210, 2215
770
956
1890
1900
2384
445
1844
836
2193
449
1732
1183
2040
1183
77
2352
Review
of
Legislation
Page
59
265
91
321
97
370
257
145
145
16
231
367
116
27
III
157
82
78
297
158
II
65
22
72
107
171
57
215
220, 227
74
188
101
283
231
309
243
154
129
%~i^<i>^
LEADING CONTENTS (concluded)
Lions and mortgages
Liquor legislation
Local finance
Local government
Military regulations
Mines and mining
Mimicipal functions
Municipalities
Navigation
Officers
Property
Public health
Public order
Public printing and records
Public safety
Publications
Railroads
Roads
State departments
Statutes
Taxation
Transportation and communication.
Digest of
Governors
Messages
Marginal no.
405
900
2550
2430
2388
2020
2627
2432
1800
38
930
870
67
1090
1267
2700
38
2
800
1200
Index
of
Legislation
Review
of
Legislation
Marginal no.
405
900
2550
2430
2388
2020
2627
2432
1800
38
377
930
870
67
1090
1267
2700
38
2
800
1200
Page
13
35
204
191
209
191
264
146
7
43
135
43
140
345
331
146
142
176
345
PiAKsMeU monthly by ths
New York' State Education Department
BULLira 374
MAT X906
New York State Library
Bulletin 100
LEGISLATION 26
INDEX OF NEW YORK GOVERNORS MESSAGES
1777.1901
SUBMITTED FOR GRADUATION
BT
lUkolm Gtonn Wyv BA. (Univ. of Minn.)
KBW YORK STATB LXBRART SC^OL CLASS OP Z903
AND
Charlotte BUzabeth Groves B JL. (Wilson 0>Uege)
NBW TORK 8TATB LIBRARY SCHOOL CLASS OP X903
MARGINAL NO.
Explanations
Lew (fBnerml) i
CoostitiitionalUw 15
Constitutions 30
OfiScers. Departments 38
L^pslature 77
Citizenship. CivU and politi-
cal rights 116
Elections. Political parties. . . 126
Cximinal law 900
Criminal procedure 202
Climes and offenses 234
Corrections 33S
CivUlaw 375
Property 377
Contracts and other obligations 453
Torts 468
Family 474
Corporations 500
idustrial combinations and
oionopolies 589
.iministration of justice 590
MARGINAL NO.
Admlnistratiye law
Finance. Public property
Public order
Public health and safety
Transportation and communi-
cation
0>nmierce and industry (gen-
eral)
Banking
Insurance
Navigation. Waterways
Agriculture
Game and fish
Mines and mining
Labor
Charities
Education. Science. Culture.
Military regulations
Local government
Index
7So
770
870
930
Z422
1679
i73«
x8oo
1826
19 00
2020
2040
2140
2220
3388
3430
ALBANY
NBW YORK &TATB BDUCATION DBPARTMBNT
1906
-re5stn-Os-i5oo
Price 25 cents
STATE OF HBW YORK
EDUCATION DEPARTMENT
Rtf ents of th« UniTwMty
With yearg wben tcnni «ipir«
X913 Whitelaw Reid M.A. LL.D. Chancellor . . New York
19x7 St Clair McKelway M.A. L.H.D. LL.D. D.C.L.
Vice Chancellor Brooklyn
Z908 Daniel Beach Ph.D. LL.D Watkhis
1914 Pliny T. Sexton LL.B. LL.D Palmyra
1912 T. Guilford Smith M.A. C.E. LL.D. . . . Buffalo
X907 William Nottingham M.A. Ph.D. LL.D. . . Syracuse
1910 Charles A. Gardiner Ph.D. L.H.D. LL.D. D.C.L. New York
1915 Albert Vander Veer M.D. M.A. Ph.D. LL.D. . Albany
1911 Edward Lauterbach M.A. LL.D New York.
1909 Eugene A. Philbin LL.B. LL.D New York
1916 LuciAN L. Shedden LL.B Plattsbtirg
ComminUmer of Bdocatton
Andrew S. Draper LL.D.
AisisUnt Commisiioncrg
Howard J. Rogers M.A. LL.D. First Assistant Commissioner
Edward J. Goodwin Lit.D. L.H.D. Second AssistantCommissioner
Augustus S. Downing M.A. Third Assistant Commissioner
Secrotarj to the CommlMloncr
Harlan H. Horner B.A.
Director of Stato Ubrmry
> Edwin H. Anderson M.A,
Director of Science and State Maieum
John M. Clarke Ph.D. LL.D.
Chiefs of DiTidona
Accounts, William Mason
Attendance, James D. Sullivan
Examinations, Charles F. Wheelock B.S. LL.D.
Inspections, Frank H. Wood M.A.
Law, Thomas E. Finegan M.A.
Records, Charles E. Fitch L.H.D.
Statistics, Hiram C. Case
Visual Instruction, DeLancey M.'Ellis
>Became Director January i, 1906
State Library Albany N.Y. June ij, igof
Hon. A. S. Draper
Commissioner of Education
Dear sir: The accompanying index of New York governors mes-
sages, 1 7 77-1901, is recommended for publication in the legislation
series. This index will make available much valuable material
relative to the history of legislation and government in New York.
Very truly yours
Mblvil Dbwbt
Director
Approved for publication June 23, 1905
J'S^h
Commissioner of Education
New York State Education Depirt a ) i :
New York State Library
Bulletin loo Legislation 26
INDEX OF NEW YORK GOVERNORS MESSAGES
1777-1901
SUBMITTED FOR GRADUATION
BY
Makolm Glenn Wjtt BJL, (Univ. of Minn.)
NBW YORK STATB LIBRARY SCHOOL, CLASS OF Z903
AND
Charlotte Bfizabeth GroY«e BJL (Wilson College)
NBW YORK STATB LIBRARY 8CBOOL, CLASS OF X903
EXPLANATIOnS
Scope. This index aims to include for the period covered all
annual messages and also special messages containing important
recommendations but not veto messages or messages merely trans-
mitting documents:
Method. Important recommendations are digested, either by
quoting leading sentences or by giving a brief summary. The
entries are chronological under each topic. A mere index entry is
given in some cases for recommendations of minor interest and for
general or miscellaneous remarks or comment.
Source. The manuscript list of messages prepared from the
Senate and Assembly journals and in part from the docimients by
Mr Everett Robbins Perry and Mr William M. Hepburn, and on
file in the State Library has been used as a source.
Citations. The citations give governor's name, year of message
and abbreviated reference to source, as Assembly journal, A. J.,
Senate journal, S. J., Assembly document, A., Senate document, S.,
followed by volvime number and page; thus, Tilden. 1875. A. J.
98:16. For documents reference is to year, number of docimient
and page; e. g. Marcy. 1834. A. 4:326.
Clasmfication. The classification is that used in the Index of
Legislation and the Digest of Governors Messages issued annually
by the State Library and covering legislation and messages in all
states. As the Digest of Governors Messages began with 1902,
it may be used as a supplement to the present index, which ends
with 1901.
N. T. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777-I901
OOVBRRORS OF HEW YORK iTTT-igoi
Black, Frank S.
1897-98
Bouck, William C.
1843-44
Clark, Myron H.
^^ss-s^
Cleveland, Grover
1883-84
Clinton, De Witt
1818-28
Clinton, George
. 1777-95
1802- 4
Cornell, Alonzo B.
1880-82
Dix, John A.
1873-74
Fenton, Reuben E.
1865-68
Fish, Hamilton
1849^50
Flower, Roswell P.
1892-94
Hill, David B.
1885-91
Hoffman, John T.
1869-72
Hunt, Washington
1851-52
Jay, John
1796-1801
King, John A.
1857-58
Lewis, Morgan
1804- 7
Marcy, William L.
1833-38
Morgan, Edwin D.
1859-62
Morton, Levi P.
1895-96
Odell, Benjamin B. jr
1 901
Robinson, Lucitis
1877-79
Roosevelt, Theodore
1899-1900
Seward, William H.
1839-42
Seymour, Horatio
. 1853-54
1863-64
Throop, E. T.
1830-32
Tilden, Samuel J.
1875-76
Tompkins, Daniel D.
1808-17
Van Buren, Martin
1829
Wright, Silas
1845-46
Yates, JosephJC.
1822-24
Young, John
1847-4&
I LAW (eSHERAL)
3 Statutes
5«r also 85. Overiegislation; 88. Special laws
3 PreparatioA of statutes
a "It is suggested that provision be made by law for the appointment
of a competent person to act as counsel to the Legislature during its
session." Hill. 1885. A. J. 108:26-37
b "I suggest that it might be feasible to adopt general rules regu-
lating the introduction and passage of bills affecting cities by requiring
a consolidation of bills affecting the same general subject."
Morton. 1896. A. J. 1x9:36
5 Publication of session laws
6 Pnbfication in newspaper
a Reconunended that each act as soon as made a law shall be pub-
lished in at least i newspaper in each great district.
Lewis. 1805. A. J. 28:49
b "Public interest would be promoted by publication of all laws. . .of
a genera] nature in at least i newspaper in each county, with the laws
of interest to that special county." Bouck. 1843. A. J. 66:3a
" Revision and compilation
a "A careful revision of the laws of this state would be an accept-
able service." Clinton, G: 1778. A. J. 2 14
b " It is necessary to revise laws and to digest into one code, including
such acts of the colony and British statutes as adopted by Constitu-
tion." Clinton, G: 1784. A. J. 8, pt i :7
c The digest of laws having been completed, it remains to revise and
amend such as have been found obscure or defective.
Clinton, G: 1792. A. J. 16:5
Revision again advised.
Tompkins. 1810. A. J. 33:12 Yates. 1812. A. J. 35: 5-6
1811. A. J. 34: 7 1823. A. J. 46:14
1824. A. J. 47: 8
d Revision of statutes in progress. Clinton, D. 1828. A. J. 51 :i2
Van Buren. 1829. A. J. 52 : 8
Completed. Throop. 1830. A. J. 53 127
e "Great importance of full and extensive publication of revised
statutes which are of more general application."
Van Buren. 1829. A. J. 52:17
f "Our system of laws can not be complete until an entire harmony
is produced between the principles introduced by the code of practice
and our general statutes." Hunt. 185 1. A. J. 74:24-25
f "A new revision by which all laws of a general nature shall be col-
lected together and the various acts relating to the same subject
arranged and consolidated is greatly needed."
Hoffman. 1870. A. J. 93:22-23
"-I7 N. Y. STATE LIBRARY N. Y, GOVERNORS MESSAGES 1777-190I
h Necessity for statutory revision presented.
HiU. 1885. A. J. 108:33-34
i "It is hoped that the present Legislature with the aid of the com-
missioners may finally effect the complete revision of the statutes."
Flower. 1892. A. J. 115:27-28
j Progress of work by commission appointed 1889.
Morton. 1896. A. J. 119:36-38
k "I suggest the appointment of a special committee in each house
to take charge of the revision bills which the Statutory Revision
Commission has prepared." Roosevelt. 1900. A. J. 123:36
m Progress of the revision commission. Odell. 1901. A. J. 124:44-45
13 Uniform laws
a ' ' Progress has been made by the commission appointed to promote
uniformity of legislation in the United States relative to the subjects
of marriage and divorce, insolvency and notorial certificates."
Flower. 1893. A. J. "6:32-33
15 CONSTITUTIONAL LAW
a Interference of the United States with state.
Clinton, D. 182 1. A. J. 44:114-21 Seward. 1840. A. J. 63:23-24
1825. A. J. 48: 17-18 Bouck. 1844. A. J. 66:16
1827. A. J. 50: 8
b Nullification by states. Marcy. 1833. A. J. 56:25-96
1834. A. J. 57:10
c Federal government: relation with states.
Hunt. 1852. A. J. 75 25-29 Seymour. 1854. A. J. 77:33-37
1863. A.J. 86:97-98
d Executive, judicial and legislative powers: relations discussed.
Seymour. 1854- A. J. 77:1045-47
e Federal interference in state affairs: Louisiana difficulty. "Inter-
ference by the United States soldiers was not only unlawful but it
was without the least color of legality." Tilden. 1875. A. J. 98:62-64
17 Boundary. Jurisdiction
a Recommended that delegates for settlement of the question of
eastern boundary of state be again elected by Legislature.
Clinton, G: 1780. A. J. 4, pt a:6
b Transmission of Thomas Chittenden's claim that state relinquish
jurisdiction over New Hampshire grants; disapproval expressed.
Clinton, 6: 1 781. A. J. 4, pt 2:9-10
c Threatened that Legislature will be prorogued if it gives up claim
of state to New York grants before question has been determined by
Congress. Clinton, G: 1781. A. J. 4, pt a :43-44
d Recommended that rights of the state be vindicated against claims
of Massachusetts in regard to boundary.
Clinton, G: 1784. A. J. 7:30
CONSTITUTIONAL LAW
e Recommended that agents be appointed to appear before a Federal
court for deciding boundary dispute with Massachusetts, also that
explicit description of lands claimed be called fpr from Massachusetts.
Clinton, G: 1784. A. J. 8, pt 1:6
i Recommended that boundary between New York and Pennsyl-
vania be run and marked. Clinton, G: 1785. S. J. 8, pt 2:19
g Settlement of Massachusetts boundary claims by special commis-
sion instead of Federal Court, provision to be made for expense thus
incurred. Report submitted from commission for running Pennsyl-
vania line. Clinton, G: 1787. A. J. 10:6 1788. A. J. 11:7
h Recommended that eastern boundary of land ceded by New York
to Massachusetts be definitely settled and that land intended for
Brothertown Indians be more clearly indicated.
Clinton, G: 1790. S. J. 13, pt 1-2:17
i Speedy action recommended for settling differences about Massa-
chusetts Hne. Jay. 1797. S. J. 20:73
j As it is uncertain whether waters between Long and Staten Islands
and south of New York are included in any county, some action it
necessary to determine jurisdiction. Clinton, G: 1804. A. J, 27:7-8
k Controversy as to line between New York and New Jersey to be
referred to commissioners. Lewis. 1807. A. J. 30:8
Appointed commissioners have not settled controversy.
Tompkins. 1808. A. J. 31:8
Recommending measures for settlement.
Clinton, D. 1822. A. J. 45:15 Yates. 1823. A. J. 46:13
m Recommended that provision be made for settling boundary dis-
pute with New Jersey.
Clinton, D. 1825. A. J. 48:20, 27 Throop. 1830. A. J. 53:26-27
1827. A. J. 50:9-10 1831. A. J. 54:26
1828. A. J. 51 :i3 Marcy. 1833 A. J. 56:23
^ 1834. A.J. 57:10
n Recommended that the Legislature express concurrence with United
States government in regard to boundary dispute between Maine and
New Brunswick. Seward. 1839. A. J. 62:550-51 1839. S. 2, 60
p Connecticut boundary dispute. Morgan. 1859. A. J. 82:26
i860. A. J. 83:34
i86i. A. J. 84:28
q **I recommend the appointment of commissioners to act with com-
missioners to be appointed by Connecticut to determine the boundary
line between New York and Connecticut through Long Island sound."
Robinson. 1878. A. J. 101:31
r Connecticut dispute: final adjustment. ComelL 1 881. A. J. 104:26
18 Cessions to United States
a Recommended that land at Eaton's Neck be ceded to United States
for lighthouse. Jay. 1798. S. J. 21:104
b Recommended that land at Black Rock be ceded to United States
for lighthouse. Jay. 1801. S. J. 25:8
Difficulty concerning Black Rock. Lewis. 1807. S. J. 30:32
:S-tl N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777-I90I
G Recommended that Little and Great Gull islands be ceded to United
States for lighthouse sites. Clinton^ 6: 1803. A. J. 26 : 138
d Officers to cede to United States certain land have not convened, as
their power did not extend to territory desired.
Tompkins. 1808. A. J. 31:7 1808. S. J. 32:14
c Suggested that Legislature authorize s£de of fortifications on Staten
Island, in case United States should want site for military academy.
Tompkins. 181 1. S. J. 34:26 Throop. 1830. A. J. 53 -aS
f Regarding purchase of land in New York by United States govern-
ment. Tompkins. 1815. S. J. 38:163
g Recommended that island at Rouse Point be ceded to United States
and that previous acts be extended to lands needed by United States
for military purposes on northern and western frontiers of the state.
Tompkins. 1816. A. J.* 40:22 Clinton, D. z8i8. A. J. 41:16
h Act authorizing Governor to sell forts and lands at the Narrows to
the United States omitted to mention heavy ordnance. Requested
that this be provided for. Clinton, D. 1818. A. J. 41:242
1827. A. J. 50:18
i Recommended that land at mouth of Genesee river be ceded to
United States for lighthouse site. Clinton, D. 1820. A. J. 44:66
j Recommended that land at Narrows be sold to United States for
fortifications. Yates. 1824. A. J. 47, pt 2:1156-57
k Recommended that land at West Point be ceded to United States.
Clinton, D. 1826. S. J. 55-57
m Relative to ceding jurisdiction of the arsenal lot at Watervliet to
United States government. Van Buren. 1829. A. J. 52:581
n Recommended that land on Staten Island be sold to United States
for defenses of New York harbor. Marcy. 1836. A. J. 59:30
; p Recommended that the United States War Department be allowed
to extend its wharf at Plattsburg as far as necessary into lake.
Seward. 1840. A. J. 63:397
r Recommended that more land at Black Rock be granted to United
States. Bouck. 1843. A. J. 66:505-6
8 Recommended that land on northwest frontier be sold to United
States for erecting defenses. Wright. 1846. A. J. 69:396
19 Statistics
See also 938. Vital statistics; 183 a, Agriculture
a Recommended that Board of Agriculture be established and given
authority to take statistics of births, marriages and deaths, agricul-
tural and mineral productions and conditions of industry.
Clinton, D. 1819. A. J. 42:14
21 Census
a State census to be taken for apportioning legislative representation.
Clinton, 6: 1790. A. J. 13 pt 2:3
Clinton, D. 1820. A. J. 44*13
b Census to be taken for apportioning common school grants.
Clinton, D. 1819. A. J. 42:13 1825. A. J. 48:12
constituticAjal law constitutions ax-30
c Census for new apportionment. Clinton^ D. 1826. A. J. 49:15-16
d Census is to be taken and if it is desired to take other than vital
statistics, Secretary of State must be authorized to prepare blanks.
Marcy. 1835. A. J. $8: 38
e Comments on results of census of 1845.
Wright 1846. A. J. 69:21-23 Clark. 1856. A. J. 79: "3
f Statistics of population. King. 1857. A. J. 80:15-17
Morgan. 1 861. A. J. 84:33
g Census of 1865: industrial statistics. Fenton. 1867. A. J. 90:29-30
h Census 1875. "It will be necessary for the Legislature to make an
appropriation to enable the Secretary of State to carry into effect the
provisions of the Constitution." Tilden. 1875. A. J. 98:16
"I recommend that provision be made to complete the work."
Tilden. 1876. A. J. 99:36
i "The census act should be amended, bringing the enumerators
within the jurisdiction of the civil service commissioners."
HilL 1885. A. J. 108:59-60
J Census. 1885. "It is recommended that this obligation be faith-
fully met by the prompt enactment of a proper bill providing for a
simple enumeration of the inhabitants." Hill. 1886. A. J. 109: 18-19
k "A measure should be enacted providing simply an enumeration of
the inhabitants of the state. It has been neglected or refused each
and every year since 1885." Hill. 1888. A. J. 1x1:21-24
m "An enumeration is necessary for the purpose of basing thereon a
reapportionment of the Senate and Assembly districts of the state."
mU. 1889. A. J. 112:21-22
n "It will be the first duty of the Legislature to provide for an enu-
meration of the inhabitants of the state." Hill. 1890. A. J. 113 : 2 3-2 5
1891. A. J. 114:12-14
p ' * Paramount duty of the Legislature is to provide for an enumeration
of the inhabitants of the state preparatory to a reapportionment of
Senate and Assembly districts." Flower. 1892. A. J. 115:13-14
32 State coat of armSy name, seal, flag, flower, song
37 Seal and arms
a Question submitted whether the Governor ought also to be Keeper
of the Great Seal. Jay. 1796. A. J. 19:6
b Arms of the state: confusion as to correct device.
Cornell. 1882. A. J. 105:94
30
Constitutions
Ratification of the United States Constitution by New York State.
Clinton, G: 1789. A. J. 12:4
Origin of constitutions of i777 and 182 1. Need of amendment
regarding the iudidary. Bouck. 1844. A. J. 67:11-12
3>^33 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I90I
32 Revision
a Recommended that^ popies be made of journals and records of Pro-
vincial Congress, Committee of Public Safety and Constitutional Con^
vention. Clinton, G: 1804. A. J. 27:113
b Recommended that convention be called to amend state Consti-
tution. Intense party spirit deprecated.
Clinton, D. 1820. A. J. 43: 16; 44: lo-ii
1822. A. J. 45 7-8
c Constitution adopted. Yates. 1823. A. J. 46:io-ix
d The people have voted to hold convention to consider alterations
and amendments to the Constitution. Wright. 1846. A. J. 69:23
e New Constitution adopted. Young. 1847. A. J. 70:11
f Defects of present Constitution. Hoffman. 1872. A. J. 95:35-40
g "I recommend an act for the appointment of a commissiom of 32
members to undertake a revision of the Constitution." .
Hoffman. 1872. A. J. 95:35-40
h Constitutional Commission: Suggestions. Dix. 1873. A. J. 96:24
i "The new legislation called for by these provisions [recent constitu-
tional amendments] should be framed with more than ordinary care."
Tilden. 1875. A. J. 98:16-17
j "It is the duty of the present Legislature to pass a suitable enact-
ment providing for the proper submission to the people of the ques-
tion, * Shall there be a convention to revise the Constitution and
amend the same?' " Hill. 1886. A. J. 109:29-30
k Constitutional convention: suggestions as to organization.
Hill. 1887. A. J. 110:20-22
m "In obedience to public sentiment in favor of a constitutional con-
vention expressed at the election of 1886, I again recommend that
provision be made for holding such a convention."
Hill. 1888. A. J. 111:17
n "I would suggest modification of the constitutional convention
law to the extent of permitting representation of more than one min-
ority interest. It would add to the representative character of the
convention if organized labor, prohibition and woman suffrage advo-
cates participated." Flower. 1893. A. J. 116:36-38
33 Amendment
a Proposed amendments to United States Constitution.
Jay. 1800. A. J. 23:5 Tompkins. 1811. A. J. 34:186
Clinton, G: 1804. A. J. 27:6 Clinton, D: 1818. A. J. 41:16
Lewis. 1804. A. J. 28:8
b Proposed amendment to United States Constitution to prevent slave
representation in Congress. Lewis. 1804. A. J. 28:6
c Two amendments pending; one giving constitutional sanction to
act of 1842 in regard to canals and canal debt and tax, the other
requiring loans on state credit, beyond narrow limits, to be submitted
to the people. Wright. 1845. A. J. 68:21-25
CONSTITUTIONAL LAW STATE DEPARTMENTS
d Amendment limiting the appointing power of Governor is desired
by many. Governor believes that many more officers might be
elected by the people. Wright. 1845. A. J. 68:24
e Four amendments pending, one adding 3 associate chancellors to
Court of Chancery, another adding 2 judges to Supreme Court, another
securing to persons subject to removal from office by Legislature or by
Senate on motion of Governor, the right to know and answer charges,
and the 4th, abolishing property qualifications for being eligible to
Senate or Governorship. Wright. 1845. A. J. 68: 40-41
f Need of constitutional amendment providing for succession to Gov-
ernorship in case of vacancy of lieutenant governorship.
Fish. 1849. A. J. T^iiS
g Proposals before Legislature: (i) canal aflfairs; (2) local indebted-
ness of cities, towns etc. ; (3) number of justices of Supreme Court.
ComeU. 1882. A. J. 105:94
h "I suggest to you the proposal to Congress of these amendments:
I That the term of office of the President and Vice President shall be
six years. 2 That the President shall be ineligible for reelection-
3 That the President shall immediately upon the expiration of his
term become a member of the United States Senate for life and re-
ceive an appropriate salary. This amendment shall apply to all
living ex- Presidents." Hill. 1889. A. J. 112:29-31
i Proposed prohibition amendment to the Constitution. **I do not
believe that the people of the state favor the adoption of this amend-
ment." HilL 1890. A. J. 113:39-41
j Requirements of new amendments. Morton. 189 5. A. J. 118:19-22
38 Officers. Departments
a Recommended that civil officers be regularly and officially notified
of appointment and removal. Jay. 1796. A. J. 19:14?
b Large number of officers for whose appointment general power is
given to the Legislature, including surrogate, auctioneer, city justices
and others. Yates. 1823. A. J. 46:12
c An amendment of the Constitution Hmiting the appointing power of
Governor is desired by many. Governor believes that many more
officers might properly be elected by the people.
Wright. 1845. A. J. 68:24
d Necessity of providing by law for filling vacancies in office.
Fish. 1849. A. J. 72:18
e "I should think it an unwise provision to give persons, holding life-
saving medals preference over all other citizens (except soldiers and
sailors) in competition for admission to government service."
Flower, 1894. A. J. 117:1388
38(1 Civil service. Examination
a Reforms urged. Cleveland. 1883. A. J. 106:24
b Commission: organization and duties.
Cleveland. 1884. A. J. 107:33-34
Results. Hill. 1885. A. J. 108:23-24
System and methods. Hill. 1886. A. J. 109:14-16
38(z-40 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-190I
c "I suggest amendments which will (i) Compel the Civil Service
Commissioner to certify to the State Comptroller all appointments
made in pursuance to the law. (2) Prohibit the Comptroller from
pa3ring salaries to any person whose appointment is not so certified to.
(3) Give to all lawfully appointed persons opportunity to compel the
Civil Service Commission by mandamus proceedings to certify their
appointment to the Comptroller." Flower. 1894. A. J. xi7:96
d Improvements of system. Morton. 1896. A. J. 119:27-28
• The discretion of the appointing power should not be entirely sub-
ordinated to the marking system." Black. 1897. A^ J. 120:23
f Suggestions for reform. Black. 1898. A. J. 121:33
g Principles and results of new law. Black. 1898. A. J. 12 z :29-33
h *'I recommend that a law be passed introducing one uniform
practice for the entire state and providing for the enforcement of
proper civil service regulations in the state and its subdivisions."
Roosevelt 1899. A. J. 122:25-27
38(5 Preference of veterans
a "The veteran of the Civil War should be legally guaranteed pref-
erence in appointment to and in retention in office."
Roosevelt 1899. A. J. 122:27
38(8 Salaries. Fees
a Recommended that appropriation be made for relief of state of-
ficers imprisoned by enemy. Clinton, 6: 1780. S. J. 3:120
b Recommended that such support be given state officers as may
maintain their dignity and secure worthy incumbents.
Clinton^ G: 1784. A. J. 7:6
c Unwise practice of allowance of annual gratuities by Legislature to
executive and judicial departments. Jay. 1800. A. J. 23:5
d In view of hard times, it is suggested that salaries of state officers
and legislators be reduced. Clinton, D. 1820. A. J. 43:13
• Recommended that any public officers who are too highly paid be
reduced in salary. Bouck. 1843. A. J. 66:32
38(9 Tenure of office. Discipline
a Proposed that Constitution be amended to secure to persons re-
moved from office by Legislature or by Senate on motion of Governor,
the right to know and answer charges. Wright. 1845. A. J. 68:41
b "It will be the first and most imperative of our duties to revise the
laws which are intended to provide punishment for frauds by public
officers." Tilden. 1875. A. J. 98:18
40 Governor
See also 782, Executive mansion
a Governor declines to serve as Indian commissioner.
Clinton, G: 1794. A. J. 17:62
b Requests that law establishing Land Office Board be amended to
exempt him from membership. Clinton, G: 1802. A. J. 25:184
c Governor resigns when elected Vice President.
Tompkins. 1817. A. J. 40:383
CONSTITUTIONAL LAW STATE DBPARTMBNTS
d Recommended that Legislature determine whether the Gove nor,
as president of Council of Appointment, has exclusive right of nomi-
nation^to offices which he fills by appointment. Jay. 1796. A. J. 19:5
1800. A. J. 34:233-94
zSoi. A. J. 34:347-49
e Unadvisable that Executive should have power to appoint road
commissioners and inspectors or to issue tollgate licenses. This should
be given to first judges of counties or other responsible officers, with
power to appeal. Tompldns. 18 16. A. J. 39:13
41 QoaHficationB
a Proposed to amend Constitution to abolish property qualification
for governorship. Wright. 1845. A. J. 68:41
42 Succession
a A constitutional amendment should be made, providing for succes-
sion to governorship in case of vacancy of lieutenant governorship.
Fish. 1849. A. J. 73:18
45 Veto
a "The veto power needs to be made more effectual. Two thirds of
all members elected to either house should be required to overrule a
veto and where a bill contains several items of appropriation of
money the governor should be authorized to refuse his assent to one or
more of the items while approving of others."
Hoffman. 1872. A. J. 95:40
48 Lieutenant governor
a Expediency of providing for occurrence of vacancy in office of
Lieutenant Governor, Tompkins. 181 1. A. J. 34:7
49 Secretary of state
a Suggested that certain fees on lucrative commissions and grants
would defray expenses of secretary's office.
Clinton, G: 1802. A. J. 25:6
b Communication relative to forged records in office of Secretary of
SUte. Clinton, D. 1818. S. J. 41 :i35
50 Attorney general
a "So numerous and frequent are our courts that the Attorney Gen-
eral can not manage all the prosecutions which demand his care."
Jay. 1796. A. J. 19:6
b Restriction of assistant attorneys general to counsellors at law resi-
dent in districts is productive of inconvenience. Jay. 1798. A. J. 21 :$
c Recommended that counsel to assist Attorney General be hired in
extraordinary cases. Clinton, D. 1826. A. J. 49:1076
d "The power to require the attendance of the Attorney General at
important criminal trials should be placed under stricter limitations
than at present." Morgan, i860. A. J. 83:21-22
• *'New legislation is required to vest the power to sue in the people
of the state acting by their Attorney General."
Tilden. 2875. A. J. 98:20-21
N. Y. STAT? UBRARY N. Y. GOVERNORS MESSAGES 1777-1901
67 Public documents. Printing
'« "I see no reason why the public printing should not. . .be subject
of contract, based upon just equivalent for services rendered."
Bouck. 1843. A. J. 66:31
k '*With careful discrimination as to the matter printed considerable
- «ums can be saved." Morgan. 1859. A. J. 82:26
c **I recommend that the laws be so amended as to reduce the making
of state contracts for printing to a fair business basis."
Morton. 1896. A.J. 119:34-35
d Economy recommended. Black. 1898. A. J. 121:35
e "It is your duty to curtail in every way this wasteful extrava-
gance [in state printing]." Odell. 1901. A. J. 124:27-28
f "The existing law should be amended giving a greater discretionary
power to the board charged with the duty of letting the contract and
such contract should be limited to one year."
Odell. 1901. A. J. 124:3244-46
70 Distribution
a Copies of revised laws and maps of New York have been sent to
executives of the other states and it is recommended that they be sent
to President and both houses of Congress.
Clinton, G: 1804. A. J. 27:113
74 Public printing establishment
a Objections to establishing a state printing office.
Flower. 1892. A. J. 115:2109-11
b *'I would advise the consideration of an act establishing a state
printing bureau equipped with every modem device."
Roosevelt. 1900. A. J. 123:46
77 Legislature
See also a. Statutes
a Correspondence with mayor of New York in regard to accommo-
dations for the Legislature in case of removal to that city.
Tompkins. 18 14. S. J. 38:10
b '*I believe that the public interest would be materially promoted
by widening the scope of the legislative jurisdiction of boards of
supervisors." Morgan. 1862. A. J. 85:22
c Constitutional restrictions to powers of Legislature.
Robinson. 1878. A. J. loi :a3-24
79 Election. Number. Apportionment. Vacancies
See also Z47i Minority representation
a Recommended that event of tie vote, or death or resignation of
incumbent be provided for. Clinton, D. 1826. A. J. 49:16
b Proposed to amend Constitution to abolish property qualification
for eligibility to Senate. Wright. 1845. A. J. 68:41
CONSTITUTIONAL LAW LEGISLATURE - f^^S
c "I suggest the passage of a concurrent resolution submitting tathe
people an amendment to our state Constitution which will take from
each house the power of judging its own elections and confer the juris-
diction upon the courts." Hill. 1890. A. J. 113:1784-88
189 1. A. J. 114:24-35
d "I recommend the approval by the present Legislature of the pro-
posed amendment of the Constitution providing for judicial determi-
nation of contested elections of members of Legislature."
Flower. 1892. A. J. 115:3a
^ Apportionment: general laws
a Reconmiended that a convention be elected to determine nimaber
of senators and representatives at future periods, that Legislature may
not become too laige. Jay. 1800. A. J. 24:7
b Transmission of convention proceedings and census. New appor-
tionment needed. Clinton^ 6: 1802. A. J. 25:7
CUnton^D. 1820. A. J. 44:12
c New apportionment needed from new census.
CUnton, D. 1826. A. J; 49:16
d New apportionment of Senate and Assembly districts to be made
from census. Marcy. 1836. A. J. 59:28-29
Wright. 1846. A. J. 69:23-24
• Recommended that law be enacted dividing Niagara county into
Assembly districts. Young« 1847. A. J. 70:1203
f Assembly districts: right to alter forbidden by Constitution.
Morgan. 1859. A. J. 82:849
g "Among the duties devolved upon Legislature by the Constitution
will be the rearrangement of the Senate and Assembly districts."
Robinson, 1878. A. J. 101:27
h "It is necessary for the fourth time to remind the Legislature that
the Constitution imperatively requires the Legislature at the first ses-
sion after each census entmieration to reapportion the Senate and
Assembly districts." Robinson, 1879. A. J. 102:30
i "The Legislature of this state does not now represent and has not
for several years represented the sentiments of a majority of the people
of the state. An enumeration is necessary."
Hill. 1889. A. J. 112:21-22
81 Resignation. Vacancies
a "Statutes providing for the election of senators in case of vacancies
occurring otherwise than by expiration of term are defective. I rec-
ommend prompt action." doffman. 1872. A. J. 95:21
83 United States representatives
a Recommendrd that delegates to Congress be chosen in time to
attend on first Monday in November, the new date of meeting.
Clinton, G: 1781. A. J. 5:4
b Recommended that delegates to Congress be promptly appointed
as state has been for some time unrepresented.
Clinton, G: 1784. A. J. 7:7
c Necessary to provide for election of representatives in accordance
with new apportionment. • Clinton, G: 1792. A. J. 16:5
1802. A. J. 25:7
83-85 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-190^ •
d "The United States census having been completed it will devolve
upon you to reorganize districts for electing representatives."
Throop. 1832. A. J. 55:^1
e Congress has reduced House of Representative9-^to-^23'^emb6rs;
and New York members to 34. Reorganization of districts becomes
necessary. Seward. 1842. A. J. 65:1000
f "It is supposed that in reorganizing congressional districts you will
adopt the principle that representation is most perfect where districts
are not only equal but as numerous as the delegates."
Seward. 1842. A. J. 65:23
g "Congress has passed a law which in effect requires the states to
legislate in a particular manner in regard to choice of represenjtatives
. \ . This was not called for and was . . . highly dangerous to\he stability
of the Union." Bouck. 1843. A. J. 66:16
h Congressional apportionment. Morgan. 1862. A. J. 85:24
i "Reorganization of congressional districts will become an absolute
requirement whenever Congress shall have fixed the ratio of repre-
sentation." Cornell. 1882. A. J. 105:93-94
j Congressional apportionment recommended.
Cleveland. 1883. A. J. 106:24 Flower. 1892. A. J. 115:14-16
84 United States senators
a United States senators to be chosen by the Legislature.
Clinton, G: 1789. A. J. 13, pt 1:4
b Two United States senators to be elected by the Legislature to fill
vacancies. Clinton, G: 1804. A. J. 27:6
c One vacancy in Senate to be filled. Lewis. 1804. A. J. 28:6
Clinton, D. 1820. A. J. 43:16
d United States Senator to be elected.
Clinton, D. 1820. A. J. 44:10 Van Buren. 1829. A. J. 52:17
1825. A. J. 48:20 Marcy. 1833. A. J. 56:26
1826 A. J. 49:15 Seward. 1840. A. J. 63:23
e Message in regard to United States senators. Wright. 1845. A. 8
f Recommends a resolution aiming to secure an amendment to the
United States C-onstitution to provide for the direct election of United
States senators by the people. Hoffman. 1872. A. J.*95:27
85 Overlegislation
a "Every consideration of policy, patriotism and interest points to
necessity of careful avoidance of all experimental legislation for mere
private or corporate ends." Fenton. 1868. A. J. 91 :27-28
b Comparison with French Chamber of Deputies, British Parliament
and United States Congress. *'This comparison gives support to the
opinion that we not only legislate too much but that a portion of the
measures are imperfectly considered, uncalled for and lead to em-
barrassment and confusion." Fenton. 1868. A. J. 91:27
c "One of the greatest evils of our legislation is the carelessness and
want of consideration with which bills are framed and passed."
Dix. 1874. A. J. 97.26-27
d "It is tmbecoming the dignity of the state to incumber its code of
laws with trivial enactments." Cornell. 1881. A. J. 104:25-26
' -• - " . .• CONSTITUTIONAL LAW LEGISLATURE 8S
tt / , ' Special laws
a Recommended that Legislature should not pass private acts to
enable infant freeholders to be deprived of land and thus of civil
rights. Jay. 1800. A. J. 24:6
b - XJn&er' the new Constitution, general laws for formation of corpo-
rations must be enacted. Young. 1847, A. J. 70:19-30
c Too much legislative time occupied with business which might
better be given to county, boards of supervisors.
Fish. 1849. A. J. 72:19
d . General law, when ample, should be used.
Hunt. 1852. A. J. 75:1107-8
e Special legislation : ground for veto. Clark, 1855. A. J. 78:850
f ' 'Reasons for providing for incorporation of companies by general
law, not by special legislation. Morgan. 1859. A. j. 82:1143-45
g Avoidance of special laws recommended. Morgan, i860. A. J. 83:35
1861. A. J. 84:11
Fenton. 1865. A. J. 88:24
h "I disapprove of the practice of legislating for the relief of con-
tractors upon the public works." Fenton. 1866. A. J. 89:25
i Organization of fire companies. "This special legislation is un-
necessary. Public policy demands that these companies should be
formed under general laws." Hoffman. 1869. A. J. 92 :896-97
j * * I recommend the careful examination of all existing general laws
with a view to ascertain what amendments are necessary in order to
lessen the number of applications made for special legislation."
General laws recommended: (i) To secure commissions to lay out
roads and avenues in vicinity of New York city and Brooklyn. (2)
For appraisal and payment of claims or damages in connection with
canals. (3) To provide for the organization of savings banks. (4)
To^rovide for the organization of fire companies. (S) To enlarge the
limit set upon the amount of property to be held by literary, musical
and "other societies. (6) For the ihcorporation of villages. (7) To
amend the defect in law providing for justices of peace.
Hoffman. 1870. A. J. 93:20
k "I^recommend a general law which will enable the people in any
part of the state to organize when necessary a village government
without being subjected to the delay of applying to the Legislature
for a special charter." Hoffman. 1870. A. J. 93 :489-9o
m "The special laws so often passed in relation to roads in this region
[Hamilton co.] of our state are becoming complicated . . . This class
of legislation should not be encouraged but the roads should be left
to be worked out as best they may under the general laws."
Hoffman. 1872. A. J. 95:899-900
a "It would greatly diminish the labor of legislation if in all cases
where a general law could be made applicable special laws should be
prohibited." Dix, 1873. A. J. 96:24
p Legislature devotes more time to small private bills than to import*
ant public business. Jay. 1800. A. J. 23 :5-6
Clinton, G: 1804. A. J. 27 :7
Lewis. 1806. A. J. 29:9
^Z02 N. y. STATE LIBRARY N. Y. GOVERNOR^ MESSAGES 1777-I901
q "If it shall become a precedent for the Legislature to interfek
between litigants there will be little opportunity for the consideration
of legitimate business by legislation." Cornell. 188 1. A. J. 104:1121
r. Evils of special legislation. Cleveland. 1883. A. J. i 106:95
8 "A most pernicious influence on legislation is the introduction and
consideration of bills purely local in character affecting only special
interests." Cleveland. 1884. A. J. 107:11
t "I think an attempt should be made to limit and diminish the num-
ber of special statutes by the enactment of general laws."
Morton. 1896. A. J. 119:35
u '*^No special law should be passed where passing a general law will
serve the purpose." Roosevelt. 1899. A. J. 129:27
90 ^ Members of Legislature
a In view of hard times, it is suggested that salaries of legislators and
state officers be reduced. Clinton, D. iSao. A. J. 43 :i^
05 Internal organization
96 Bribery
a Attempts to bribe menibers of Legislature to incorporate Bank of
America, in New York. Legislature prorogued by Governor.
Tompkins. 1812. A. J. 35:335
b "It is my deliberate purpose to discourage these practices and to-
disapprove those which I shall have good reasons to believe have been
passed by such means." Morgan. 1859. ^* J- 82:26-29^
c "There is a popular belief that much important legislation in past
, years here has been influenced by the direct use of money. There
should be prompt and thorough legislative inquiry to ascertain
whether it is well founded." Hoffman. 1872. A. J. 95:34-35
99 Lobbying
a Evil of lobbying formerly prevalent but has been done away with.
Throop. 1830. A. J. 53:27
b "Officers whose duties are at a distance from Albany should not
leave their posts and make it a business to procure or prevent legisla-
tion." Morgan, i860. A. J. 83:37
102 Records
a "It appears to me that provision ought to be made for the'pniblica-
tion of the journals of the Senate, in relation to their executive func-
tion." Clinton, D. 1825. A. J. 48:^
b Recommended that copies be made of journals and records of Pro-
vincial Congress, committee of public safety and constitutional con-
vention. Clinton, G: 1804. A. J. 27:115
c "Journals of Provincial Congress have been printed by resolution
of Legislature." Seward. 1842. A. J. 65:11
CONSTITUTIONAL LAW LBGISLATURB X^J^
105 Legislative procedure
a Legislative business hindered by abuses of the right of petition.
Clinton, G: 1802. A. J. 25:6
b Abuses in legislative procedure. Clinton, D. 1825. A. J. 48:22
c " It is a mistake to pass a lai^e number of bills near the close of the
session.*' Black. 1898. A. J. 121:36-37
109 Financial procedure
a **If a vote of two thirds were required for every expenditure of
public money except for public defense, the embarrassments ofl^this
constitutional question [meaning of phrase, *for local and private^ pur-
poses*] would be obviated and the public money better guarded." ^
Bouck. 1844. A. J. '67:13
b Appropriation bill. "Practice of postponing the consideration'*'of
the annual appropriation bill till just at the close of the session should
be discontinued." Morgan. 1859. A. J. 82:28
c **I recommend that you introduce and perfect these Jmeastirds
[appropriation and supply bills] during the first month of the session."
Morgan. 1861. A. J. 84:17
d "I recommend that the city and county tax levies as well as all
bills appropriating moneys for the support of the govemment^be^taken
up early in the session." HofiEman. 1870. A. J. '93 :25
e "I request that the bill making provision for these objects [supply
bill] may be sent to me not later than the .1st of March that full time
be afforded me for examining it." Dix. 1874. A. J. 97:27-28
i '*! trust the practice of inserting general legislation in appropria-
tion bills will be discontinued." Robinson. -187 7. A. J. 100:24
g "I recommend that all appropriations granted for the state hospi-
tals for the insane be hereafter included in one act and that the rate of
tax for this purpose be fixed and ievied separately from the' general
tax." Flower. 1893. A. J. 116:32-34
h "The plan of appropriations could be improved. A department
should know its own needs and all matters properly within it should
be cared for upon its estimate, accompanied by a report showing their
necessity." Black. 1897. A. J. 120:16
113 Sessions
a In view of hard times, it is suggested that length of session be
reduced at least one half and message to Governor be omitted.
Clinton, D. 1820. A. J. 43:13
b "It would be appropriate that Legislature should by . . . a short Ses-
sion set example of public economy." Bouck. 1843. A. J. 66:28
c "Interests of the people would be promoted by adoption of the plan
for biennial sessions of the Legislature."
Cornell. 1882. A. J. 105:94^5
d "Frequent and unnecessary recesses taken duringlthe" session of
Legislature result in great waste of time and tend to careless, ill-ad-
vised legislative action." Cleveland. 1884. A. J. 107:11
XI3-22 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-190I
e "Chief hope arising from protracted sessions and the passage of
unnecessaxy laws is that the people may in their next Constitution
conclude to correct both with biennial sessions."
Black. 1897. A. J. 120:35
f *'A session every two years could pass all the laws required by the
State." Black. 1898. A. J. 121:36
g "I shall be glad if Legislature realizes the importance of an early
adjournment." Black. 1898. A. J: 121:36-37
h **I recommend that the amendment providing for biennial sessions
be passed again this year in order that it may be submitted to the
people next fall." Roosevelt. 1899. A. J. 122:27
"6 Citizenship. Civil and political rights
I S0e also X39. Siiffrage
IZ7 Citizenship
xx8 Naturalization
a Suggested that naturalization be facilitated and public lands be
opened to aliens in order to increase settlement.
Clinton, G: 1784. A. J. 7:6
b "We must extend to them [immigrants] the right of citizenship
with all its franchises." Seward. 1839. A. J. 62:2a
c ** Foreigners entitled to be naturalized ... ought rather to be en-
couraged, than deterred by onerous charges attending requisite legal
proceedings." Seward. 1840. A. J. 63:16
d Before 1802, residence of 14 years was required for naturalization.
Although this has been lessened, jealousy is shown by some and election
frauds and oppression result. Policy of elevating and assimilating
immigrants is advocated. Seward. 1 841. A. J. 64:27-28
e "The interests of our state and country demand that additional
rather than diminished facilities should be extended to all those of
good moral character and of undoubted devotion to our institutions
who desire to assume the duties of citizens."
Hoffman. 1869. A. J. 92:31-32
f "I recommend the enactment of an amendment to our present law
concerning naturalization so as to provide that the papers shall con-
tain a description of the person to whom they are issued."
Odell. 1901. A. J. 124:46
121 Political rights
a Abuses of the right of petition hinder legislative procedure.
Clinton, G: 1802. A. J. 25:6
Z22 Civil rights
a Question raised whether certain criminal convictions affect civil
rights and relations. Jay. 1798. A. J. 21 :$ 1799. A. J. 22 pt 2:25
CONSTITUTIONAL LAW CITIZENSHIP 123
133 Indians
ft Report transmitted from commissioners for treaties with Oneida
and Onondaga Indians, with account of expenses.
Clinton, G: 1788. A. J. 12:4
fti Result of treaty with Cayugas. Clinton, G: 1789. A. J. 12:149
fta Communication relative to land sales by St Regis, Cayuga and
Onondaga Indians. Clinton, G: ilg^. S. J. 16:31
ft4 Recommended that powers of Commissioners for Indian Affairs
be continued till next session. Clinton, G: 1790. A. J. 13 pt a:xo
ftS " Amicable adjustment with the Indians has been effected."
Clinton, G: 1791- A. J. 14:4
t6 Oneida and Ca3ruga Indians having complained of intrusions on
their lands, the Governor has ejected intruders but recommends
that this duty be committed to ordinary magistrates in future.
Clinton, G: 1792. A. J. 14:6
ft7 The murder of an Indian chief in the state has caused disturbance
but the measures adopted have preserved confidence in the state.
Clinton, G: 1792. A. J. 16:5
b2 Recommended that entertainment be provided at Albany for vis-
iting Indians from Cayugas, Oneidas and Onondagas.
Clinton, G: 1794. A. J. 17:36
b3 Report of conferences with Cayugas transmitted.
Clinton, G: 1794. A. J. 17:57
b4 Declines to serve as commissioner to negotiate with Indians.
Clinton, G: 1794. A. J. 17:62
bs Recommended that the business for which Oneidas and Onondagas
have been summoned be expedited. Clinton, G: 1794. A. J. 17:70
b6 Transmission of report of conferences with Cayugas and Onondagas
and request that their expenses be paid, also that Onondaga reser-
vation be enlarged. Clinton, G: i794- A. J. 17:83
b7 Reports on Indian conferences transmitted.
Clinton, G: 1794. A. J. 17: 93
b8 Speech from St Regis Indians transmitted and delegation from
Onondagas and Cayugas announced. Clinton, G: i794- A. J. 17:129
c Reports on Indian conferences. CUnton, G: 1794. A. J. 17:144
CI Accoimts with Indians during 1793 transmitted.
Clinton, G: 1794. A. J. 17:16a
C3 Reports of agents to St Regis Indians transmitted and appro-
priation for expenses recommended. Letter sent from Onondagas.
Clinton. 1795. A. J. 18:105
C3 "Measures have been taken respecting our affairs with certain
tribes." Jfty. 1796. A. J. 19:6
C4 Transmission of proceedings and accounts of conference with St
Regis Indians. Jay. 1796. A. J. 19:71
Report of agreement with them. Jay. 1796. A. J. 19:5
Further dealings with them. Jay. 1797. A. J. 20:129
C5 Land bought from St Regis Indians. Jay. 1796. A. J. 20:5
c6 Recommended that agents appointed to examine Stockbridge claims
MS
N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I9OI
«7
c8
di
d3
d3
d4
d5
d6
d7
d8
ei
•3
64
es
e6
e?
e8
be authorized to pay them and also Cayuga claims.
Jay. 1797. S. J. 20:108
Provision recommended for expenses of Onondaga deputation.
Jay. 1798. S.J. 21:34
Recommended that some person in Albany be appointed to entertain
any visiting Indians. Jay. 1798. A. J. 21:133
Need of passing another like law. Clinton, G: 1802. A. J. 25:91
Recommended that persons be appointed to treat with Oneidas in
the sale of part of their lands. Jay. 1798. A. J. 21:151
Further recommendation. Jay. 1798. A. J. 21:182
Recommended that Indians be afforded legal advice in defending
their rights. Jay. 1799. S. J. 22 pt 2:32
Purchase of land from Senecas, Cayugas and Onondagas.
Jay. 1800. S. J. 24:62
Recommended that conference be held with Indians in regard to
boimdaries of reservations. Jay. 1800. A. J. 24:109
Recommended that attention be given the complaints of Onon-
dagas. Clinton, G: 1802. S. J. 25:52
Recommended that business with Oneidas be despatched.
Clinton, G. 1802. A. J. 25:91
Treaty agreeing to buy land from Oneidas.
Clinton, G: 1802. S. J. 25:64
Transmission of report of agent for purchase of St Regis land.
Clinton, G: 1802. A. J. 25:108
Petition of St Regis Indians transmitted and prompt and favor-
able action recommended. Clinton, G: 1802. A. J. 25:208
Notice of treaties adopted and sums due Indians.
Clinton, G: 1803. A. J. 26:6
Account of claims of certain Indians in regard to trespass on their
territory. Action recommended. Lewis. 1805. A. J. 28:48-49
1806. A. J. 29:72
Treaty with Cayugas for purchase of land, also with Oneidas.
Lewis. 1807. S.J. 30:32, 74
Tonoipkins. 1809. S.J. 32: 72; A.J. 32: 190 Tonoipkins. i8ii.S.J.34:26,5i
1810. S. J. 33:188 1812. S. J. 36:169
Recommended that petition of Onondagas for resident agent be
granted. Tonoipkins. 181 1. S. J. 34:296
Protection should be given Indians from unprincipled whites who
make intrusions on their land. Recommended that power of sum-
mary ejection be vested somewhere and that such intruders be
deemed public offenders. Tompkins. 1812. A. J. 35:7
Transmission of treaties with St Regis and Seneca Indians.
Tompkins. 1816. S. J. 39:123
Recommended that part of annuities of St Regis, Oneida, Onon-
daga and Seneca Indians be advanced them to avert starvation.
Tompkins. 1817. A. J. 40:184-85
Indians deteriorating in character and diminishing in numbers.
Probability and wisdom of their removal to the West but protection
to be given while they stay and compensation when they leave their
CONSTITUTIONAL LAW CITIZENSHIP -
lands. Clinton, D. z8i8. A. J. 41:14 Throop. 1822. A. J. 45:16
1819. A. J. 42:16 1831. A. J. 54:26-27
fi Agreement with St Regis Indians and complaints from Senecas.
Clinton, D. 1818. S. J. 4J '^3
is Land (600 acres) belonging to Senecas to be sold by their desire
for purpose of building church. Clinton, D. 1818. A. J. 41 :i2i, 399
1819. A. J. 42:16
i3. Treaty with Stockbridge Indians for purchase of land.
Clinton, D. 1819. S. J. 42:51 1820. S, J. 43:118
Oneidas. Throop. 1830. A. J. 53:25-26 183 1. A. J. 54:26-27
14 "It is believed that condition of Indians might be ameliorate4 by
establishment of board of commissioners from different religious so-
cieties, to take into consideration all matters relating to them."
Clinton, D. 1819. A. J. 49 '16
is Recommended that agent for Senecas be appointed.
Clinton, D. 1821. A. J. 44:392
16 Party spirit among St Regis Indians has produced strife m electing
trustees and payment of annuities. Some Indians have moved to
Lake Michigan. Clinton, D. 1826. A. J. 49:16
ff . Recommended that Mr C: C Brodhead be paid for assisting United
States Indian Commissioner in negotiations with New York Indians
to emigrate west of Missouri, exchanging their present lands for others.
Marcy. 1837. A. J. 60:25-26
i8 "I invite yotir attention to the allegation of the survivors of the
Six Nations that the treaty by which they surrendered the remnant
of their lands, under sanction of United States government, was pro-
cured by fraud." Seward. 1842. A. J. 65:13
p Message relating to Indians on Allegany and Cattaraugus reser-
vations. Young. 1846. S. 57
C3 Census of 1845 included Indians. Comments on results obtained.
Wright 1846. A. J. 69:22-23
C3 Message in regard to recognizing a new form of government in
Seneca nation. Fish. 1849. ^- ^^^
M Condition of Indians in state demands attention.
Cornell. 1880. A. J. 103:23
C5 "Continuance of large reservations of land held in tribal interest
is believed to be detrimental to the material welfare of the Indians.
Practical investigation should be tmdertaken to determine the fieas-
ibility of some change of policy." Cornell. 1882. A. J. 105-85
1^ Canadian branch of Cayuga Indians claims against New York state.
Recommends final decision as to validity of claims.
Roosevelt. 1899. A. J. 122:87-88
134 Slavery
5«r also 210, Extradition
a Provision allowing owners of slaves to abandon them to state, under
certain circumstances, is growing expense to state and requires at-
tention. Clinton, G: 1802. A. J. 25:6
34-^ N. y. STATB LIBRARY N. Y. GOVERNORS MESSAGES 1777-190I
b Gradual abolishment of slavery recommended.
Tompkins. 1812. A. J. 35:6
Final. Tompkins. 1817. A. J. 40:126
c Condition of negroes and state policy toward them. Churches
and schools for them are to be encouraged.
Clinton, D. 1819. A. J. 42:16-17
d Recommended that legislature express itself against extension of
slavery. Clinton, D. 1820. A. J. 43:17; 44:10
e Abolition movement. Marcy. 1836. A. J. 59:30-37
1837. A. J. 60:9
f New York state opposed to extension of slavery.
Fish. 1849. ^- J- 73:24-26
g Protest against slavery. Fish. 1850. A. J. 73 :37-4i
h "So far as the state of New York is concerned there shall be hence-
forth no extension of slavery in the territories of the United States."
King. 1857. A. J. 80:29
i Extension of slavery in new territory. Hunt. 1851. A. J. 74:26-31
j Work and needs of American Colonization Society.
Hunt. 1852. A. J. 75:29-30
k Slavery. Relations between states. Clark. 1855. A. J. 78:28-29
m Missouri Compromise. Clark. 1855. A. J. 78:30-31
n Missouri Compromise in Kansas and Nebraska.
Clark. 1856. A. J. 79:115-16
p Effect of repeal of Missouri Compromise. King. 1857. A. J. 80:30-33
q Lemmon slave case ; provision for payment of.
Clark. 1856. A. J. 79:11$
r Supreme Court decision. King. 1858. A. J. 81:131-32
8 '* We never claimed that we had the right to interfere directly or in-
directly with slavery as it existed in the other states of the Union.
New York still maintains the same position."
Morgan, i860. A. J. 83:37-39
t "Electors of New York recognize the authority of Congress to legis-
late for the territories and to prohibit the establishment of slavery
therein." . Morgan, i860. A. J. 83:39
U Effect of fugitive Slave Act. Morgan. 1 861. A. J. 84:35-37
V Charleston Convention. Morgan. 1861. A. J. 84:34
w Secession of Southern States threatened. Morgan. 1861. A. J. 84:34
z Recommends appointment of a committee to confer with like com-
mittees from other states in regard to the slavery question.
Morgan. 1861. A. J. 84:157-59
"6 Elections. Political parties
ft *'As the Constitution has not prescribed the mode in which elec-
tions are to be conducted, you will turn your attention to some laW
for that purpose." Clinton, G: 1777. A. J. 1:6
b Recommended that law for holding elections be framed.
Clinton, G: 1786. A. J. 9:7
c "I call your attention to the importance of guarding and protect-
ing the elective franchise by such laws and regulations for its proper
CONSTITUTIONAL LAW ELECTIONS 126-46
exercise as will insure its purity and vigor."
Fenton. 1865. A. J. 88:2o-ai
d "It is very certain that purity of elections in states can not be
secured by transferring the direction or control of them to the author-
ities in Washington." Hoffman. 1869. A. J. 93:30-31
e "All laws relating to elections should be uniform in their principles
and general in their application. Hoffman. 1870. A. J. 93:23
f Protest against interference in elections by federal authorities.
Hoffman. 187 1. A. J. 94:37-30
Robinson. 1879. A. J. 102:33
g Suggestions for securing electoral reform.
Hill. 1889. A. J. 113:1798-8x4
h . "In the defeat of that measure ['Force bill' in Congress] the State
of New York and every other state in the Union has a vital interest.
It is a dangerous step in the direction of centralized government."
Hill. 1891. A. J. 114:29-30
i Reforms suggested. Morton. 1895. A. J. 118:33-35
129 Suffrage; qualifications
t Difficulties in interpretation of article in new Constitution defining
right of suffrage. Need of explanatory law. Yates. 1823. A. J. 46:13
b More liberal extension of right of suffrage recommended.
Clinton, D. 1825. A. J. 48: 9 1826. A. J. 49:16
Amended provision. CUnton, D. 1827. A. J. 50:10
c "The test of qualifications of electors and form of appl3dng it have
been found deficient in populous cities." Seward. 1839. A. J. 62:20
Z43 Residence
a "High judicial authorities differ as to the meaning of the word resi-
dent. It is within the power of the Legislature to define this term and
such a measure is highly necessary." Seward. 1840. A. J. 63 :i7
b "An act of 1839 ^^^ ^^^ good effect in preventing colonization in
wards and towns." Seward. 1841. A. J. 64:26
c "I recommend the enactment of a law providing that in no case can
those entitled to vote be deprived of their just rights on account of
temporary absence pr otherwise." Morgan. 1859. A. J. 82:26-27
d Recommends measures to extend the right of suffrage to absent
soldiers and seamen. Seymour. 1863. A. J. 86:954-55
X45 SoldierB home inmates
a "Additional legislation seems required to the end that the right of
veterans at the New York State Soldiers and Sailors Home at Bath to
vote at the home may be established and settled by express statute."
Hill. 1888. A. J. 111:17. 35-37
X46 Women
a "I call attention to the desirability of gradually extending the sphexe
in which the suffrage can be exercised by women."
Roosevelt. 1899. A. J. 122:27
?.47-4Q N. Y, STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-19OI
K47 Minority representation
a **I recommend that this system [cumulative voting] be adopted in
the city of New York for cases in which more than one person for the
same body is to be voted for." Dix. 1873. A. J. 96:21-22
149 Corrupt practices. Election offenses
See also 167, Offenses
a ** Severe restraints ought to be established against . . . any
means of intimidation or corruption." Clinton, D. 1827. A. J. 50:10
Van Buren« 1829. A. J. 52:15-16
Good result of law which was enacted. Throop. 1830. A. J. 53 :2 7
b **You should provide effectual means for executing with rigor the
act passed 1829 to preserve purity of elections."
Marcy. 1835. A. J. 58:27-28
c "He who gives and he who takes a bribe should not only be severely
punished but forever disfranchised. I recommend that such dis-
franchisement be made part of punishment incident to conviction, in
same way as incompetency to testify, in conviction for perjury."
Seward. 1841. A. J. 64:27
d Betting, bribery and intimidation at elections, and suggestions of
means for prevention. Wright. 1845. A. J. 68:36-40
« Bribery and corruption. Hunt. 1851. A. J. 74:25-26
1852. A.J. 75:24
Clark. 1855. A.J. 78:27
f "Corrupt use of money in elections should be severely punished
and every guaranty established by which illegal voting may be pre-
vented." Hoffman. 1869. A. J. 92:30
h Recommends resolutions to provide for an amendment to the Con-
stitution by which persons may be convicted and punished for offering
bribes at elections. Hoffman. 187 1. A. J. 94:124-26
i "Effectual laws against bribery of the electors and to take away
the office obtained by bribery, thorough protection of the right of
challenge on election day, severe penalties against miscounting votes
and against illegal voting ought to suffice for the protection of the
ballot." Hoffman. 1872. A. J. 95:32-34
j "I recommend a law with severe penalties entirely prohibiting all
bets direct or indirect upon the result of any election."
Robinson. 1877. A. J. 100:27
k "I recommend a thorough re-examination and revision of the elec-
tion laws with a view to rendering convictions more certain."
Robinson. 1877. A. J. 100:27
m "You are ui^ed to consider and adopt whatever measures against
bribery may promise relief." Cornell. 1882. A. J. 105:93
n "What the people desire is a plain simple measure amending the
present election laws in a few particulars by lessening the opportuni-
ties for corruption, intimidation and every species of fraud."
Hill. 1889. A. J. 112:14-20
p "I recommend a measure whereby a successful candidate who can
be proven to have obtained votes by bribery or other corrupt or
CONSTITUTIONAL LAW ELECTIONS
illegal means may be ousted from office."
Hill. 189 1. A. J. 114:26-27, 608-9
r **Any measure not in conflict with the Constitution which will so
bulwark the present law as to make intimidation and bribery impos-
sible will receive my hearty approval." Flower. 1892. A. J. 115:31
8 "Another 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."
Flower. 1893. A. J. 116:38-39
150 Corrupt practices acts
a "It is submitted whether it may not be expedient to require each
candidate for a public office at a general election to file with the Secre-
tary of State within 10 days after the election a verified statement of
all moneys expended by him in aid of his election during the canvass."
Hill. 1889. A. J. 112:19
b "[Corrupt practices act] should be extended to include political
committees and agents among those reqttired to file statements of
ex.penditures." Hill. 1890. A. J. 113:1360-61
c "Defect in corrupt practices act is that political committees are
not required to file certified statements of their receipts and expendi-
tures." Flower. 1893. A. J. 116:38
155 Illegal voting
a "I recommend that it be made a felony for an tinqualified person
to vote wilfiilly or cause his name to be registered. . .that no less
severe penalty be visited upon a citizen aiding such crime."
Seward. 1841. A. J. 64:27
X56 Intimidation
a. "That species of intimidation frequently resorted to before im-
portant elections by the use of political pay envelops in which to
pay employees their wages should be specifically prohibited."
Hill. 1890. A. J. 113:38
z6o Nominations. Parties
a "Protection of the people in their primaries will, it is hoped, be
secured by the early passage of a law for that purpose."
Cleveland. 1883. A. J. 106:25
b Success of new primary law. Cleveland. 1884. A. J. 107:34-35
c "The provisions in regard to nominations by parties and independ-
ent bodies can doubtless be revised." Morton. 1896. A. J. 119:28
167 Offenses
. See also 140. Corrupt practices
a "I recommend that legislation be passed prohibiting the payment
by any candidate for judicial office directly or indirectly of assess-
ments or contributions to political parties for campaign purposes."
Roosevelt. 1900. A. J. 123:46
[68-75 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-190I
x68 Parties
ft Intense party spirit deprecated. Clinton, D. 1820. A. J. 43:16
170 Districts. Notices. Days
a "I recommend that time for general election and for the canvass
in the several towns be reduced to i day and that. . .towns and
wards be divided into election districts by their inspectors."
Seward. 1841. A. J. 64:27 1842. A. J. 65:13
b The act to repeal New York city registry law does not transfer the
power of revising election district boundaries and appointing time
and place of election, which powers belonged to the Commissioners of
Registry now abolished. Seward. 1842. A. J. 65:401-2
171 Days. Hours
See also 1604, Legal holidays
a Evils of holding county, state and federal el^tions at same time.
Recommended that at least presidential election be held separately.
Van Buren. 1829. A. J. 52 -iS
b '*An effectual means of securing legal voters to exercise the right of
voting would be to make the day of all general elections a legal holi-
day." Morgan, i860. A. J. 83:37
c "Separation of municipal from state elections, thereby relieving
the choice of local officers from the influence of partizan politics would
be a step in the right direction." Hill. 1886. A. J. 109:19-21
172 Districts
a "It is recommended that election districts throughout the state be
made much smaller." Hill. 1889. A. J. 112:18
b . "It should be provided that election districts should not contain
over 300 voters and means should be afforded for enforcing such a
provision." Hill. 1890. A. J. 113:38-39
175 Ballots. Voting
a "Election laws should be amended by providing that a reasonable
distance from the polls be set aside or reserved by barriers of some kind
behind which no one except peace officers and one elector at a time
should be permitted to enter and that all electioneering should be done
outside of such reserved distance and that each elector should be
required to pass behind screens or within compartments or booths and
there alone prepare or assort his tickets." Hill. 1889. A. J. 112:16
b Australian system of voting: advantages and objections explained.
Hill. 1890. A. J. 113:25-39
c "It is recommended that a joint resolution be passed by Legisla-
ture, requesting the Court of Appeals to reconvene at the earliest
convenience for the purpose of examining the Saxton ballot reform
bill and expressing their opinions as to its constitutionality."
Hill. 1890. A. J. 113:760-62
d Suggestions to secure simplicity in voting.
Flower. 1894. A. J. 117:3080-83
CONSTITUTIONAL LAW ELECTIONS
e "The law should be amended in regard to the provision applying to
cases where two or more persons are standing as candidates for the
same office so as to render it less difficult for the voter to express his
exact choice." Morton. 1896. A. J. 119:28
z8o Compttlsory voting
a "Every effort should be made to encourage and perhaps compel the
legal voters to exercise the right of voting. An effectual means wotild
be to make the day of all general elections a legal holiday."
Morgan, i860. A. J. 83:37
b *'It is suggested that it should be provided by statute that every
elector who fails to vote at each general election without lawful excuse
shotild be subjected to a fine or imprisonment for each offense."
Hill. 1889. A. J. 112:20-21
X87 Registration
a "If a law establishing registry can be passed which will exclude
no legal voters and if illegal voting can in no other way be prevented,
such a measure ought to be adopted." Seward. 1841. A. J. 64:27
b Defects in act repealing New York city registration law, Commis-
sioners of Registry aboHshed and the power of revising district bounda-
ries unassigned, no provision for filling vacancies in office of inspectors,
or requirement that inspectors shall be residents of their districts.
Seward. 1842. A. J. 65:401-2
€ "I suggest the enactment of a registry law whereby the rights of
every elector may be ascertained in advance. . . of election day."
King. 1858. A. J. 81:126
4 "In my judgment there should be one registry law for the whole
state imposing equal conditions and restrictions everywhere."
Hoffman. 1869. A. J. 92:30
« Registration laws. "Far better results would be attained by pro-
viding everywhere for the establishment of smaller polling districts
and the fuU and free exercise of the privilege of challenge on election
day." * Hoffman. 1870. A. J. 93:23
f "A well guarded registry law for all incorporated villages is believed
to be necessary for the correction of existing evils."
Cornell. 1880. A. J. 103:22
^ "[Present laws] should be amended so as to dispense with the
present arbitrary requirements in regard to the production of naturali-
zation papers at registration." Hill. 1885. A. J. 108:24-25
li Brookljm. "It is recommended that registry laws be changed so
that they shall conform to the registry laws in other parts of the state
or at least to those in New York city." Hill. 1886. A. J. 109:32
I "The present Legislature can take no more effectual steps towards
securing true electoral reform than by the enactment of a proper
measure providing for a general registration of electors throughout
the state." Hill. 1889. A. J. 112:767-69
j "I recommend the extension of the registration law to the remainder
of the state so that personal registration each year shall be required
of every voter as prerequisite to his right to cast a ballot."
Flower. 1892. A. J. 115:31-32 1893. A. J. 116:28
I90-97 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-19OI
Z90 Lists. Transfers
ft Registration lists. "To mass the names of the electors of the entire
city in a single publication would furnish great facilities for evil dis-
posed persons to plan and perpetuate fraudulent voting."
Cornell. 1881. A. J. 104:1656-57
b "I suggest the propriety of requiring the publication of the registry
lists in cities prior to the election." Flower. 1894. A. J. 117:24-25
Z92 Election officers
ft Method of appointing election inspectors.
Robinson. 1878. A. J. loi: 773-74
b "I suggest the propriety of a law which shall apply uniformly
throughout the state and shall provide for a nonpartizan board of
election inspectors in each election district."
Flower. 1894. A. J. 117:24-25
c "I recommend the entire separation of the bureau of elections
from the police department of the city of New York and the creation
of a bipartizan board." Odell. 1901. A. J. 124:38
194 Canvass. Contests
195 Count. Canvass. Returns
a '* Election in New York city attended by an outbreak in which
officers. . .were compelled to leave ballot boxes ... It resulted in a
suspension of functions of common council for two months."
Seward. 1842. A. J. 65:1001
196 Contests
ft "In case of contested elections the contestant should be allowed to
file with the disbursing officer a protest against payment of salary to
the person who has received the certificate of election and that the
filing of such protest shall prevent payment."
Cornell. 1882. A. J. 105:92-93
197 Presidential elections
ft Recommended that provision be made for appointment of the new
presidential electors. Clinton, G: 1792. S. J. 15:50
b New^ law for choice of electors needed, as ratio of representation
differs from that previously fixed. Clinton, G: 1792. A. J. 16:5
c Measures preparatory to election of a President to succeed Wash-
ington are to be taken. Jay. 1796. A. J. 20:5
d Presidential electors to be chosen for ensuing election, and alternates
to be provided for absent electors. United States Constitution
amended in regard to election of President and Vice President.
Lewis. 1804. A. J. 28:5-6 Yates. 1824. A. J. 47:13-14; 1145-47
Tompkins. 1808. A. J. 31:7 Clinton. D. 1825. A. J. 48:8-9
Clinton, D. 1820. A. J. 44:9-10
e Choice of presidential electors. Clinton, D. 1827. A. J. 50:9
1828. A. J. 51-8
CRIMINAL LAW PROCEDURE I97-2ZO
f Electoral vote. "So often as any question has arisen as to the
validity of an electoral vote the two houses of Congress have assumed
the exclusive right to determine the question. No better repository
of such powers can be found." Robinson. 1877. A. J. 100:27-32
200 CRIMINAL LAW
a Glaring defects in Criminal Code to be remedied.
Clinton, D. 1822. A. J. 45:16-17 Yates. 1823. A. J. 46:13
b Recommended that courts should be required to return yearly to
clerks' offices the number of arrests, trials, convictions and sentences,
and that these statistics be sent to Secretary of State.
Throop. 1831. A. J. 54:22 1832. A. J. 55:20
c Number of convictions by various courts. Bouck. 1843. ^- J- 66:30
d Recommended that Criminal Code be modified to make punishment
certain rather than severe. Fish. 1849. A. J. 72:18
e *• The criminal laws of our state need amendments and additions:"
organization of corporations; criminal pleadings; distinction between
grand and petit larceny ; evidence for bills of indictment ; regulations
of grand juries. Clark. 1856. A. J. 79:1x2
f **It is worthy of consideration whether in framing our system of
criminal jurisprudence we have not created impediments to the
punishment of the guilty and given a rein to crime through its im-
punity." Dlx. 1873. A. J. 96:22-23
202 Criminal procedure
a Importance of Criminal Code reported by Practice Commission.
Hoffman. 1869. A. J. 92 :26
203 Apprehension, prosecution, indictment
3X0 Extradition
a Apprehending and securing rebels from Massachusetts taking
refuge in New York advised to be sanctioned by Legislature, on re-
quest of Massachusetts. Clinton, G: 1787. A. J. 10:62
b Extradition of criminal in Canada. Clinton, D. 1822. A. J. 45 :i4-z5
c Question in regard to extradition of 3 persons charged with stealing
a negro in Virginia, refused by Governor of New York.
Seward. 1840. A. J. 63:19-20 1841. A. J. 64:19-20
d Virginia has retaliated by passing law to injure commerce of New
York. Seward. 1842. A. J. 65:12, 1002-3
e Effort to extradite a fugitive from Rhode Island in connection with
rebellion there.
** I have forborne to demand fugitives to Canada and to surrender
fugitives here since the United States Supreme Court decided that
this power . . . belonged to the federal government ... I have invoked
the interposition of the government." Seward. 1842. A. J. 65: 1003-4
f Legislature has adopted resolution declaring that stealing a slave is
a crime for which extradition may be required. The Governor concurs
in this. Bouck. 1843. A. J. 66:18
Iia 26 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-19OI
g New York State laws regarding return of fugitive slaves have been
pronounced unconstitutional by State and United States Supreme
Courts. Hence it is recommended that they be repealed.
Bouck. 1843. A. J. 66:17-18
311 Habeas corpus
a "The wide extension of the habeas corpus act may, imless restrained,
with reference to persons charged with treasonable practices, prove
injurious." Clinton, G: 1777. A. J. 1:14
b Attention called to radical defect in habeas corpus act.
Clinton, D. 1818. A. J. 41:261
ax9 Evidence
See also 246, Perjury
a "I call attention to the present practice of detaining witnesses in
criminal cases when unable to give bail for thir appearance at the
trial of the acctised. I submit whether it can not be remedied by
proper legislation." Hoffman. 1869. A. J. 92:21
b "The law should provide that no person shall be detained in prison
as a witness in criminal cases beyond a specified time."
Hoffman. 1871. A. J. 94:21
334 Judgment. Sentence. Execution
325 Appeals. New trial
a " Justice would be promoted by submitting every capital conviction
to a review by the judges of the Supreme Court."
Hunt 1852, A. J. 75:22-23
b "I recommend that Courts of Oyer and Terminer be given the
power in cases of conviction by them to grant new trials upon the
merits or for irregularity or on ground of newly discovered evidence
or that the Supreme Court be given this power in cases of conviction
by Oyer and Terminer." Hoffman. 1870. A. J. 93:24
Same recommendation. Hoffman. 1871. A. J. 94:21
c Delay in appeals in capital cases. Hill. 1885. A. J. 108:1392-93
d "I recommend that the law be changed by dispensing with so many
appeals in such cases [capital] and providing for an appeal which may
be direct from the Oyer and Terminer to the Court of Appeals."
Hill. 1886. A. J. 109:31
326 Expenses. Costs. Fines
a "Dispensation of criminal justice is attended with heavy and it is
believed with unnecessary expense." Clinton, D. 1818. A. J. 41:13
b Wisdom of the improvements adopted.
Clinton, D. 1820. A. J. 43:14
CRIMINAL LAW CRIMES AND OFFENSES 338-34
238 Sentence
S09 also 353. Commitment; 363, System of aentencing and refonn ■
339 Death penalty
a Sanguinary nature of Criminal Code has been subject of complaint
and calls for modification. Clinton, G: 1794. A. J. 17:8
Revision again urged. Clinton. 1795. A. J. 18:5
Jay. 1796. A. J. 19:6
b Imprisonment has to some extent been substituted for death.
Jay. 1802. A. J. 25:6
c Good results of milder laws. Cfinton, G: 1803. A. J. 26:7
d Recommended that capital punishment be confined to treason and
murder. Tompkins. 1808. A. J. 31:7-8
e *'I have always entertained doubts of the right of society to take
away life. . .that vestige of barbarism." Tompkins. 1812. A. J. 35:10
f Question submitted whether capital punishment is not too frequent,
thus encouraging rather than preventing crime.
Seward. 1841. A. J. 64:16
g It is hoped that ultimately, capital ptmishment may be abolished
but not unless pardoning power is guarded carefully.
Seward. 1842. A. J. 65:13;
h ** Legislation on the subject is imperatively necessary."
Morgan. 1861. A. J. 84:18
i Hanging. **It may well be questioned whether science of the
present day can not provide a means for taking the life in a less bar-
barous manner." Hill. 1885. A. J. 108:33:
j **I recommend the repeal of that provision which prohibits the
newspaper publication of an account of the details of the execution."
Flower. 1892. A. J. 115:24-25.
k **I suggest the erection of an isolated prison house for the confine-
ment and execution of persons condemned to death."
Morton. 1896. A. J. 119:24
333 Criminal jurisdiction
a Dispute over right of New York state to arrest and try a British
subject who has committed a crime in the state.
Seward. 1842. A. J. 65:14-15
li Numerous crimes and difficulties in execution of justice suggest
inquiry whether there are not too many magistrates authorized to
accept bail and discharge on habeas corpus.
Seward. 1842. A. J. 65:14, looi
»34 Crimes and offenses
a Sanguinary nature of the Criminal Code has been subject of com-
plaint and calls for modification. Clinton, G: 1794. A. J. 17:8
Revision again urged. Clinton, G: 1795. A. J. 18:5
J*y. i79<5. A. J. 19:6
b Recommended that Criminal Code be revised to secure proportion
between crime and penalty, and uniformity in penalty for given
offense, also to classify degrees of same crime.
Lewis. 1804. A. J. 28:7 1807. A. J. 30:7
N. Y. STATB LIBRARY N. Y. GOVERNORS MESSAGES 1777-190I
c As Criminal Code has been meliorated, it is necessary to maintenance
of laws that penalties imposed should be carried out, and that ade-
quate prison room should be provided. Tompkins. 1 8x6. A. J. 40:7
d "The whole system requires careful revision and considerable
amelioration." Clinton, D. i8a6. A. J. 49:14
1827. A. J. 50:16-17
Throop. 1830. A. J. 53:10-11
e "Our Criminal Code may be improved by reducing niunber of
cases subject to capital punishment and by enlarging power of court
to ptmish in some cases of aggregated larceny. . . and to diminish
number of state prison offenses." Throop. 183a. A. J. 55:19
f Question of whether the assuming of a disguise, for the purpose of
committing violence, shall not be made a misdemeanor.
Wright. 184S. A. J. 68:48 1846. A. J. 69:14-20
g Penal Code, modifications suggested: (i) To abridge terms of im-
prisonment. ( a) To reduce to one year minimum state prison sentence.
(3) To increase limit for division between grand and petit larceny.
Fish. 1850. A. J. 73:28
h Importance of Penal Code reported by Code Commission.
Hoffman. 1869. A. J. 92:26
i Penal Code. "Careful examination reveals several features that
require amendment." Cornell. 1882. A. J. 105:92
336 Crimes against the govemment
a Recommended that laws be enacted for removing disaffected per-
sons from vicinity of forts etc. and for preventing their saving provision
for the enemy's use. Clinton, G: 1778. A. J. 1:87
b Reconmiended that giving of aid to the enemy by disaffected per-
sons in Westchester cotmty may be forbidden.
Clinton, G? 1780. A. J. 3:89
c Measures recommended for restoring order in revolted district, the
New Hampshire grants. Clinton, G: 1782. A. J. 5:72
d Stricter laws recommended as to disorderly element in Livingston,
Columbia county. Jay. 1798. S. J. 21:66
e Action recommended in reference to treasonable intercourse be-
tween enemy and leaders of revolt in northeastern part of state.
Clinton, G: 1782. A. J. 5:50
f In view of numerous claims of dower by widows of attainted persons
it is necessary to guard against improper or fraudulent claims.
Clinton, G: 1802. A. J. 25:6
338 Administration of justice
ft Dangerous resistance to judicial authority in Columbia county and
need of suppressing it. Jay. 1800. A. J. 23:6
246 Perjury
a Reconmiended that persons convicted of perjury be confined in
state prisons. Jay. 1800. A. J. 23:6
CRIMINAL LAW CRIMES AND OPPENSBS 256-3x0
256 Crimes against public order and security
Seg also 870, Public order
a6o Vagrancy
a A serious defect exists either in our statutes relating to summary
convictions upon the charge of vagrancy, or in the practice under
those statutes. Pish. 1850. A. J. 73:34
a6a Weapons
a Recommended that more adequate law be enacted against carrying
concealed weapons. Clinton, D. 1820. A. J. 43:14
292 Crimes against persons
a Evil of dueling and need of energetic measures against it.
Clinton, D. 1828. A. J. 51:1a
294 Abduction
a Message regarding abduction of William Morgan.
Clinton, D. 1827. A. J. 50:838 Throop. 1831. A. J. 54:27
Van Buren. 1829. A. J. 52:16,591
296 Assault
a Recommended that persons convicted of assault with intent to
commit felony of any kind should be confined in state prisons.
Jay. 1800. A. J. 23 :6
304 Homicide
a Recommended that distinction be drawn between actual and im-
plied murder; two cases referred to Legislature.
Lewis. 1806. A. J. 29:9-11
Respite in one of these cases. Tompkins. 1808. A. J. 31 :8
b "A law should be passed containing a new definition of murder in
the first degree confining it to poisoning, killing b^ lying in wait and
killing where there was a deliberate premeditated design to effect
death." Morgan. 1862. A. J. 85:15-16
c *' I recommend that provision be made by statute that in all cases
of murder where. the circumstances attending the homicide do not in
the opinion of the jury justify the punishment by death, they may
render a verdict of murder of a less degree to be punished by imprison-
ment for a term of years the maximum to be fixed by law."
Hoffman. 1869. A. J. 92:26 1870. A. J. 93:24
d "I recommend that either the maximum punishment for man-
slaughter in the third degree be made much g^reater or that when the
degree of premeditation do« not or other facts do not in the judgment
of the jury justify pimishment by death they be authorized to render
a verdict of murder in the second degree to be punished by imprison-
ment for life or for a term of years at the discretion of the court."
Hoffman. 1872. A. J. 95:2a
e *' Frequency and atrocity of murderous assaults is an alarming
feature of our times." Cornell. 1882. A. J. 105:83-84
308 Crimes against property
3x0 Arson
a "It is worthy of consideration whether additional legislation is not
required to suppress the crime of incendiarism."
ComelL 1880. A. J. 103:17
3l6-35 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777-I90I
316 Counterfeitixig. Forgery
a Recommended that laws be enacted for detecting persons making
<f[ knowingly passing counterfeit bills. Clinton, 6: 1779. A. J. 46
b Multiplication of banks increases ease of counterfeiting bills.
Tompkins. 1819. A. J. 35:8-9
c Recommended that crimes of cotmterfeiting be classified and pen-
alties differentiated. Clinton, D. 18 19. A. J. 40:19
32a Embezzlement
a More stringent laws against bank embezzlement reconmiended.
Clinton, D. 1819. S. J. 4a:aaz
b 'Operation of the [embezzlement] law should be extended to in-
clude all public officers who may be charged with the collection or
custody of monejrs." Hunt. 1851. A. J. 74:25
c "Enactment of provisions more adequate to the prevention of this
evil [embezzlement and breach of trust] is urged."
Morgan, i860. A. J. 83:34
d "Our statutes in regard to the embezzlement of moneys and
breaches of trust are defective in respect to the acts and persons*em-
braced in them, the definition of the crimes and the degree o^'punish-
ment awarded them." Dix. 1874. A. J. 97:25-26
328 Larceny
a "Present method of ptmishing petty larceny proves to be inexpedi-
ent." Jay. 1799- A. J. 22, pt 2:25
b Recommending change in punishment for petit larceny.
Lewis. 1807. S. J. 30:352 Tompkins. 1808. A. J. 31:8
c "If stealing below value of $50 were considered petit larceny and
offenders confined in county jails, it is believed our penitentiaries
would be relieved." Clinton, D. 1819. A. J. 42 :i8~i9
d As value of money has receded, it is recommended that a larger
sum than $25 be the division between grand and petit larceny.
Fish. 1849. A. J. 72:18
e "Amount fixed. . .to distinguish grand from petit larceny should
be increased." Hunt 1852. A. J. 75:22
w5 Corrections
a "Our prison system requires such change in the organic law as will
confer upon one person the power and authority now given to the
present inspectors. He should be appointed by the Governor and
the Senate and be removable for cause at the discretion of the former."
Morgan. 1859. A. J. 82:18
b "It is my opinion that when the Constitution shall admit of the
change it will be wise to substitute for the three inspectors of prisons
one superintendent to be appointed by the Governor and Senate."
Morgan. 1862. A. J. 85:17
c Revision of the existing statutes relating to prisons is requisite to
bring all of the penal institutions under one harmonious system."
Morton. 1896. A. J. ii9:2i'~22
d "The work of the Board of Prison Commissioners should be con-
ferred upon a single commissioner to be selected by the Governor by
and with the consent of the Senate." Odell. 1901. A. J. 124:25-26
CRIMINAL LAW CORRBCTIONS 341
341 State prisons ^ ''
a Report on prison administration (including statistics, condition
management, receipts and expenditures).
Yate8.i824. A. J. 47:10 Marcy. 1833. A, J. 56:10-12
Clinton, D. 1825. A. J. 48:19 1834. A. J. 57:12-14
1826. A. J. 49:14-15 1835. A. J. 58:20-22
1828. A. J. si:ii-i2 1836. A. J. 59:13-14
Throop. 1830. A. J. 53:11-14 1837. A. J. 60:15-16
1831. A. J. 54:20-22 1838. A. J. 61:24-25
1832. A.J. 55:17-20
b RepKDrt on prison administration
Seward. 1839. A.. J. 62:15 Seymour. 1863. A. J. 86:89-90
1840. A. J. 63:13 1864. A. J. 87:11-12
1841. A. J. 64:15, 23 Fenton. 1865. A. J. 88:18
1842. A. J. 65:13. looi 1866. A. J. 89:18
Bonck. 1843. A. J. 66:21-30 1867. A. J. 90:20
1844. A. J. 67 :27-28 1868. A. J. 91 :23-24
Wright. 1845. A. J. 68:31-33 Hoffman. 1869. A. J. 92:20
1846. A. J. 69:37-40 Dix. 1874. A. J. 97:13
Young. 1848. A. J. 71:25-26 Tilden. 1875. A. J. 98:49-50
Hunt 1852. A. J. 75:20-21 1876. A. J. 99:31
Seymour. 1853. A. J. 76:17-18 Robinson. 1877. A. J. 100:15-16
1854. A. J. 77:18-21 1878. A. J. 101:17
Clark. 1855. A. J. 78:13 Cornell. 1880. A. J. 103:16-17
1856. A. J. 79:105 1881. A. J. 104:18
Morgan. 1859. A. J. 82:17 1882. A. J. 105:80
i860. A. J. 83:18-19 Cleveland. 1883. A. J. 106:19
1861. A. J. 84:19-21 1884. A. J. 107:20-22
1862. A. J. 85:16-17 Flower. 1892. A. J. 115:25-26
c "It appears necessary that provision be made for the custody and
acconimodation of prisoners." Clinton, G: 1777. A. J. 1:14
d " It is worthy of consideration whether establishments for confining,
employing and reforming criminals will not immediately become
inddspensible." Jay. 1796. A. J. 19:6
e Question raised whether petty offenders sentenced for more than
one year should be confined in state prisons or in less expensive
institutions. Jay. 1802. A. J. 25:6
f Dami^ by fire in State Prison to be provided for by appropriation.
New regtdations for government of prison to be adopted but it is
doubted whether infliction of capital punishment should be allowed.
Lewis. 1804. A. J. 28:6
g "Respectfully suggested that the prison be enlarged or that a new
one be built in northern or western part of state."
Tompkins. 1816. A. J. 39:12
h Inefiicacy and great expense of penitentiary system. Reformation
much needed. Clinton, D. 1818. A. J. 41:13 1819. A. J. 42:18-19
i "Inspectors of the two penitentiaries hold office under different
authorities and it is difficult to discover any good reason for the
discrepance." Clinton, D. 1819. A. J. 42:19
341-43 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I90I
j Recommended that commissioners be appointed to consider re-
moval of State Prison in New York to better place and to investigate
its management with view to improvement.
Clinton, D. 1819. A. J. 42:620
k Improvement noted and moral classification of prisoners recom-
mended, as incentive to reformation. Clinton, D. 1820. A. J. 43:14
m Reform needed in government of penitentiaries. Separate system
of confinement recommended. Clinton, D. 1820. A. J. 44:13-14
Yates. 1823. A. J. 46:13
n Lack of rules for government of Mt Pleasant Prison. Action advised.
Clinton, D. 1828. A. J. 51:1a
p Message relative to conditions of state prisons.
Throop. 1830. A220
q Message relative to Auburn State Prison. Bouck. 1843. S. 97
r Message on Clinton Prison. Young. 1847. S. 18
8 '*Our prison system is much more expensive than the system in
operation in several other states while in its discipline and manage-
ment it is inferior. Some improvement in both respects can be made
by thorough revision of all the statutes relating to th6 prisons."
Morgan. 1859. A. J. 82:17-18
81 Enlargement of Dannemora Prison. Morgan, i860. A. J. 83:19-20
82 "I recommend a law providing for the appointment of a commission
... to inquire into the system of our prison management, with reference
to discipline and economical administration."
Morgan. 186 x. A. J. 84:19
t Duties of Prison Association of New York.
Fenton. 1865. A. J. 88:18-19
u "I recommend the appointment of a commission to select a site for
a new prison, which commission shall also report a plan for the con-
struction of a building with estimate of the cost and shall make sugges-
tions as to the character and management of the prison."
Hoffman. 1869. A. 147
▼ '*The prison system abounds in evils; many of them due to the fact
that the persons appointed to discharge the duties of agents, wardens
and keepers are too often selected from political considerations only/"
Hoffman. 1869. A. J. 92:20
w "Improvement can be secured only by an amendment to the Con-
stitution which shall concentrate the responsibility."
Hoffman. 1872. A. J. 95:15
z "The administration of the state prisons under the new system
exhibits the most satisfactory results." Robinson. 1879. A. J. 102:16
y "It is advisable and economical to enlarge Clinton Prison to double
its present capacity." Robinson. 1879. A. J. 102:19—20
z "The cells should be renovated and placed in a more sanitary and
healthful condition." Roosevelt. 1899. A. J. 122:33
342 Employees
a Necessary to prescribe some system of discipline and government
for military guards in prisons." Jay. 1802. A. J. 25:6
Clinton, D. 1819. A. J. 42:19
CRIMINAL LAW CORRECTIONS
b Some legislative provision as to powers and duties of inspectors and
keepers of the State Prison may be required, if death penalty is in
some cases to be com.muted to life imprisonment.
Tompkins. 1816. A. J. 39:13
c "Much concentrated responsibility is needed as well as protection
against frequent changes in office." Hoffman. 1870. A. J. 93:16
)43 Reform schools and reformatories
}45 Institutions for women and girls
a New York House of Refuge favorably noticed.
Clinton, D. 1825. A. J. 48:19 Throop. 1830. A. J. 53:14
1826. A. J. 49:15 1831. A. J. 54:22
1827. A. J. 50:12 Marcy. 1834. A. J. 57:i4-iS
Van Buren. 1829. A. J. 52:16-17 Seward.1840. A. J. 63:13-14
b Recommended that prison for women be built and women trans-
ferred from present penitentiaries.
Clinton, D. 1828. A. J. 51:11-12 Marcy. 1833. A. J. 56:11-12
Throop. 1831. A. J. 54:21 1834. A. J. 57:13-14
1832. A. J. 55:17-18 1835. A. J. 58:22
c "Considerable progress has been made in erecting a prison for fe-
male convicts." Marcy. 1837. A. J. 60:16
d "The prison at Mt Pleasant is not yet completed but they have
been removed thither." Marcy. 1838. A. J. 61:24
Seward. 1839. A. J. 62:15
e Recommended that a house of refuge be established in western
part of the state. Seward. 1840. A. J. 63 :i3-i4 1841. A. J. 64:23-24
Such an institution is built at Rochester.
Young. 1848. A. J. V 1:26
f "The establishment of a separate institution for female prisoners. . .
reflects honor upon the state." Recommended that they be sent
directly there instead of going first to Auburn, also that the use of a
building near the prison be granted for a retreat after release, under
control of private charity. Seward. 1841. A. J. 64:23
g "The female prison is regarded by the inspectors as insufficient."
Bouck. 1844. A. J. 67:27 Fish. 1850. A. J. 73:28
h Reformatories.
Hunt. 1851. A. J. 74:21-22 Clark. 1856. A. J. 79:106
1852. A. J. 75:19 King. 1857. A. J. 80:22
Seymour. 1853. A. J. 76:17 Morgan. 1859. A. J. 82:22-23
1854. A. J. 77:18 i860. A. J. 83:27-28
Clark. 1855. A. J. 78:15 1861. A. J. 84:29-30
i Location of House of Refuge for Women at Hudson.
Cornell. 1882. A. J. 105:81
j "I suggest such changes in all laws governing reformatories as will
give the governor the power of removal over superintendents upon
presentation of formal charges and after an opportunity to the accused
to be heard in his own behalf."
Flower. 1894. A. J. ii7:3^39» 2746-47
N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I9OI
347 Elmira Reformatory
a Building commission . Hoffman. 1871. A. J. g^:i6
b Construction. Tilden. 1876. A. J. 99:30-31
c ** Design of the reformatory was the reformation as well as the pun-
ishment of young convicts not yet hardened in crime."
Robinson. 1877. A. J. 100:16-17
d Cost. Robinson. 1878. A. J. ioi:i8
e Policy of management. Cornell. 1881. A. J. 104:22
f Report and prospects. Cornell. 1^2. A. J. 105:80-81
g Term of imprisonment in. Cleveland. 1884. A. J. 107:21
h "The authority of the managers there over inmates is too arbitrary
and extensive. A prisoner's term should not depend on the will of
his keeper. The court should fix it." Black. 1898. A. J. 121:25—29
348 Local institutions
a "I deeply regret the failure of my efforts to induce Legislature to
check crime by reform in construction and government of houses of
detention and correction." Seward. 1842. A. J. 65:1001
349 County and township
a Recommended that county of Albany be provided with funds for
making and keeping jail secure. Jay. 1797. S. J. 20:87
b Recommended that solitary cells for confinement of offenders below
degree of grand larceny be established in counties.
Clinton, D. 1819. A. J. 42:18-19
c Need of improvement in county jails.
Throop. 1830. A. J. 53:11-12 Marcy. 1835. A. J. 58:22
1831. A. J. 54:22 1836. A. J. 59:14
1832. A. J. 55:18 Seward. 1840. A. J. 63:13
Marcy. 1834. A. J. 57:14 1842. A. J. 65:14
d Need of a uniform system of management and inspection suggested
for county jails. Clark. 1856. A. J. 79:106
e "Extension of jurisdiction of State Board of Charities over local
prisons and poorhouses might lead to good results."
Cornell. 1880. A. J. 103:20
f "Present condition of county jails and poorhouses should be re-
formed without delay." Cornell. 188 1. A. J. 104:22
g County jails and poorhouses. "Unless some legislative action be
taken that will insure local reforms no adequate relief may be ex-
pected." Cornell. 1882. A. J. 105:83
352 Discipline. Instruction
a Recommended that notice be given in public papers of the escape
of criminals from state prisons. Jay. 1797. S. J. 20:87
Rewards for capture should be offered.
Jay. 1799- A. J. 22 pt 2:25
b Recommended that prisoners who have escaped and been captured
should serve term for jail breaking and also serve out original sen-
tence. Jay. 1799. A. J. 22 pt 2:25
CRIMINAL LAW CORRECTIONS 35^-54
c Action recommended in regard to frequent escapes from state
prisons. Jay. 1800. A. J. 24:196
d Recommended that inspectors of the Auburn State Prison be au-
thorized to furnish convicts with Bibles.
Clinton, D. 1822. A. J. 45 765
c ''General complaints of inhumanity in management of our prisons ...
I trust you will bestow attention upon the defects of the system and I
suggest that provision be made for the instruction of convicts and for
supplying them with books." Seward. 1840. A. J. 63:13
**The complaints. . .have ceased." Seward. 1841. A. J. 64:15
i **Some improvement has been made in treatment of prisoners but
more may be done ... I woidd have the prison schoolroom fitted as
carefully as the workshop or solitary cell. . . "
Seward. 1841. A. J. 64:23
g Communication relative to the Prison Discipline Society.
^ Bouck. 1842. S. 250
h "I suggest. . . allowing to convicts. . . some portion of their eam-
• ings as a reward of merit." Seymour. 1854. A. J. 77:19
Clark. 1855. A. J. 78:14
1856. A. J. 79:105
i Convict labor. "If under a system by which the superintendent
should directly employ the labor of the prisoners, provision should
be made that a small portion of their earnings be laid aside for their
benefit. . . the effect would be useful to them and to society."
Hoffman. 1869. A. J. 92:20
j "The chief officer of each prison should be clothed with the fullest
discretionary powers in relation to the character and amount of pun-
ishment subject to the restriction that it be inflicted only in his pres-
ence." Hoffman. 1870. A. J. 93:16
k "Legislation shotdd secure to all inmates of these institutions the
right of being visited by clergymen of the denomination which they
prefer." HiU. 1885. A. J. 108:26
353 Commitment. Transportation. Transfer
a "Management of all the prisons would be improved by transferring
...convicts from Auburn and Sing Sing to Clinton."
Hunt. 1852. A. J. 75:21
b "Some amendment of law is needed to provide that each county
pay the expense of transporting its own convicts."
Morgan, i860. A. J. 83:21 1861. A. J. 84:30
c " Transfer of prisoners [from Elmira Reformatory] to state prisons
should be made only for good cause and upon application to the court
in which the person was convicted."
Flower. 1894. A. J. 117:37-38, 2747-48
354 Convict labor
a As state prison is crowded, it is recommended that at least a part of
prisoners be employed in building new prison at Auburn, or forts or
roads , canals and other improvements . Tompkins. t8i6.A.J. 40:7-8
354-55 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I90I
b Convict labor act has not proved advantageous and may well be
repealed. Clinton, D. 1822. A. J. 45:17
c Prisons are now nearly self-supporting.
Clinton, D. 1828. A. J. 51:11 Marcy. 1834. A. J. 57:13
Throop. 1830. A. J. 53:13 1835. A. J. 58:20-21
1832. A.J. 55:19
d Under new law in regard to prison labor, prisons can not support
themselves entirely. Marcy. 1836. A. J. 59:13-14
e Complaint of unfair competition with prison labor and of associa-
tion of released convicts with other mechanics after learning trades
in prison. Marcy. 1835. A. J. 58:20-21 Seward. 1842. A. J. 65:13
i Receipts from prison labor.
Marcy. 1837. A. J. 60:16 Bouck. 1843. A. J. 66:29-30
1838. A. J. 61:24-25 1844. A. J. 67:27-28
g It is probable that the act of 1842 will lessen the injurious competi-
tion of prison with free labor. It is necessary, however, that con-
victs be employed and that their work be productive.
Bouck. 1843. A. J. 66:30
h Convict labor. Seymour. 1853. A. J. 76:17-18
i Clinton prison. Fenton. 1865. A. J. 88:18
j "With proper management the prisons of the state ought to be
self-supporting. I recommend that a thorough inquiry be made
with respect to their management to the end that such reforms may
be accomplished as are necessary to produce the desired result."
Tilden. 1876. A. J. 99:31-32
k "I hope that prompt action will result in the speedy passage of a
law which in a businesslike way will limit to the lowest amount the
increased taxation likely to follow from the change in the manner of
emplo)dng convict labor." Cleveland. 1884. A. J. 107:378-81
m '* There should be established a state policy or system of convict
employment." Hill. 1886. A.J. 109:23-25
n "First subject recommended for consideration is the proper employ-
ment of convicts in the penal institutions."
Hill. 1888. A. J. Ill :v. 2, appendix 5
p "Some permanent system for the employment of prison labor should
be adopted." Hill. 1889. A. J. 112:22-23
q "It is incumbent upon Legislature to enact laws which will give
effect to the new provisions of the law which forbid the employment
of convicts in competition with the labor and enterprise of the general
public." Morton. 1896. A. J. 119:21-23
r "This subject might be relieved by a system of industrial training,
which in addition to the product made, would afford an occupation up-
on which the convict when relieved might rely."
Black. 1896. A. J. 120:17
355 State account sjrstem
a The most favorable results from the industry of convicts has been
attained where the inmates are employed directly by the agents of
the state. Extension of this system to our other prisons wovdd be
attended with advantage to the convicts and profit to the state."
Fenton. 1868. A. J. 91:23-24 ,
CRIMINAL LAW CORRECTIONS
b •* Labor of convicts should be directed and employed entirely by
prison superintendents and the products of such labor should be sold
by them for the benefit of the state." Hoffman. 1869. A. J. 92 no
356 Contract and lease system
a **The practice of letting convict labor to contractors . . .is subject
to serious objections while the experiment now in operation at Clinton
Prison gives ground for believing that this industry may be success-
fully utilized by the state." Fenton. 1867. A. J, 90:20-21
b Advantages of contract system. Cornell. 1882. A. J. 105:1125-27
c Contract system. Cleveland. 1884. A. J. 107:22
d "Legislattire should endeavor to provide a suitable and well per-
fected system to take the place of the contract system."
Hill. 1885. A. J, 108:17-19
e "It wovdd be unwise to attempt the restoration of the contract
system or any system that is equivalent to it."
Hill. 1886. A. J. 109: 24-25
358 . Roads
a "I recommend that the Superintendent of Prisons be properly
authorized to employ some of the prisoners at Dannemora in road-
building in the vicinity of the prison." Flower. 1 893. A. J. 116 128-29
360 Special industries
a Manufacture of silk is to be introduced into prisons.
Marcy. 1836. A. J. 59:13-14
b "Efforts to introduce manufacture of silk into Auburn Prison have
not been tmsuccessf ul. " Seward. 1842. A. J. 65:16
c "An agent has been appointed to explore mineral districts and
inquire into the expediency of substituting labor in mines for present
mode of emplojring convicts." Seward. 1842. A. J. 65:1001
Bouck. 1843. A. J. 66:30
d In accordance with act of 1842, a commissioner was appointed to
report on practicability of emplojring convicts in mines, which me-
chanics are desirous of seeing done. Bouck. 1844, A. J. 67 :23-24
e Influenced by complaint of mechanics in regard to competition
with convict labor, a state prison is to be built in Clinton county, in
iron region, for purpose of emplo3ring convicts in mining and manu-
facttire of iron. Wright. 1845. A. J. 68:32-33 1846. A. J. 69:39-40
f "I suggest the propriety of incorporating in all legislative bills
making appropriations for the reconstruction or improvement of
prison buildings, a provision that so far as possible the work shall be
done by convict labor." Flower. 1894. A. J. 117:37
36Z Criminal insane
a Case of Dan. Northrop of Saratoga county who has been convicted
of murder and sentenced to death, but pronounced insane. Recom-
mended that he be confined in asylum. Tompkins. 1816. A. J. 40:7
361-70 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777-190I
b Recommended that insane criminals be transferred from State
Prison to more suitable place. Clinton, D. 18 18. S. J. 41 :9i
c Need of authorizing State Prison to receive William Kirby, con-
victed of murder but judged insane. Yates. 1824. A. J. 47:14
d Auburn convict insane asylum. Morgan, i860. A. J. 83:20
c Insane criminals. "There should be a separation of the convicted
and the unconvicted classes." Morton. 1896. A. J. 119:23-24
363 System of sentencing and reform
a Question raised whether certain criminal convictions affect civil
rights and relations. Jay. 1798. A. J. 21:5 1799. A. J. 22 pt 2:25
b **I recommend a modification of our criminal laws which will give
judicial tribunals more power. . .with regard to the terms of confine-
ment in prisons. " Seymour. 18S4. A. J. 77:20-21
c "Such a classification of offenses and criminals as should prevent
the association of the young. . .with hardened criminals," recom-
mended. Clark. 1855. A. J. 78:12-13
d "Greater discretionary power to judges in the graduation of penal-
ties [might diminish the number of applications for pardons].
Clark. 1855. A. J. 78:14 1856. A. J. 79:106
c "Wider latitude should be allowed criminal courts in the application
of specific penalties to specific offenses." King. i8s8. A. J. 81 :i3o
f "Greater discretion should be given to the courts in fixing terms
of imprisonment for some classes of offenses."
Morgan. 1859. A. J. 82:27
g "For length of sentences and place of punishment far more discretion
should be allowed to the judges. Reliance should be placed upon the
certainty more than the duration of punishment."
Morgan, i860. A. J. 83:23
h "I urge the Legislature to confer larger discretion upon the judges
in fixing sentences." Morgan. 186 1. A. J. 84:18
i "Extreme penalties of the law are often inflicted for first offenses of
every grade. Some steps should be taken to prevent this injustice."
Robinson. 1878. A. J. 101:18
j "I call your attention to the desirability of repealing the law which
permits courts to send female felons of mature age to houses of refuge
for a period of less than one year." Roosevelt. 1900. A. J. 123:43
366 Commutation of sentence
a Recommended that prisoner's term be shortened by good behavior.
Seymour. 1864. A. J. 87:12
370 Indeterminate sentence
a "All prisoners sentenced for a first offense for felony save of course
murder and arson [should] be sentenced to indetenninate terms."
Roosevelt. 1900. A. J. 123:39
b "Scope of the law permitting judges to fix indeterminate sentences
should be broadened so as to be made mandatory in the case of con-
viction for a first offense for all crimes except those against the person. "
Odell. 1901. A. J. 124:33-34
CRIMINAL LAW CORRECTIONS
37X Juvenile offenders
Scr also 9172. Children
a Further le^slation recommended in regard to youthful convicts
between the ages of z6 and 20. Hunt 1852. A. J. 75:19
371(5 SeparaU detention and trial
a Recommended that preliminary examination and trial of juvenile
delinquents be conducted apart from that of hardened convicts and
with a view to reformation. Seward. 1839. A. J. 62:15
373 Pardons
a Action recommended in case of John Bowman, 9 years old, con-
victed of murder and sentenced to death. Tompkins* 181 2. A. J. 36 .g
b Case of 2 persons convicted of murder. Tompkins. 18 14. A. J. 37:9
c Case of Thomas Burk of New York, whose sentence of death for
murder has been respited. Tompkins. 18 16. A. J. 39:12
d "Propriety and expediency in some cases of commuting punishment
of death for perpetual imprisonment by conditional pardons."
Tompkins. 1816. A. J. 39:12
e On account of crowded condition of State Prison, many pardons are
recommended by supreme judges and by inspectors, which would not
otherwise be granted. Tompkins. 18 16. A. J. 40:7
Clinton, D. 1819. A. J. 42 :i8
f Recommended that prisoners be divided into grades and pardons
confined to highest grade, as incentive to reformation.
Clinton, D. 1820. A. J. 43:14
g * • Whenever pardoning power has been extended too far . . . the usef td-
ness of penitentiary system has been impaired."
Clinton, D. 1825. A. J. 48:19 1826. A. J. 49:14-15
h Reasons for granting pardons.
Throop. 1830. A. J. 53:10 Sewaxd. 1841. A. J. 64:15-16
1831. A. J. 54:21 Young. 1848. A. J. 71:25
i If imprisonment is ever to be substituted for death in all cases, the
pardoning power mtist be guarded carefully. Seward. 1842. A. J. 65 :i3
J Regulations recommended as to manner of applying for pardons,
which now are asked in almost all cases.
Fish. 1849. ^' J- 72:19 Morgan, i860. A. J. 83:22-23
1850. A. J. 73:28 1861. A. J. 84:18-19
Hunt. 1852. A. J. 75:21 1862. A. J. 85:16
k ** Relief to the executive might be had by appointment of an officer
upon whom in connection with the executive should devolve the duty
of examining cases presented for clemency."
Clark. 1856. A. J. 79:106
m "Small annual appropriation should be made to provide for careful
examination of the mental condition of convicts in case of application
for pardon on ground of insanity." Morgan, i860. A. J. 83:23
n Statistics of pardons granted, 1820-60. Morgan. 1861. A. J. 84:19
p "Pardoning power should be delegated to a cooperative bureau or
90 distributed as to relieve the governor of the sole responsibility of
investigation." Fenton. 1867. A. J. 90:21
q "Clemency was placed in the keeping of the executive to aid in the
administration of justice and not to prevent or defeat the just enforce-
ment of the laws.** Cornell. 1882. A. J. 105:84
;75-9I N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-1901
375 CIVIL LAW
a Importance of Civil Code reported by Code Commission.
Hoffman. 1869. A. J. 92:26
377 Property
['379 Real property
38Z Tenure. Titles
'382 Eminent domain. Condemnation proceedingB
a Recommended that ordinary magistrates be given greater power
for making impressment of property for military uses.
Clinton, 6: 1779. A. J. 2:48
b ''Propriety of legislative provision for execution of condemnation
proceedings by foreign juries." Tompkins. 1813. A. J. 36:554
c Objections to the exercise of the right of eminent domain.
Dix. 1874. A. J. 97:28-29
383 Escheat
a Case of lands in Putnam county confiscated by state and sold to
settlers, title now disputed by English claimants. Actiop b^^ Legis-
lature is recommended. Clinton, D. 1826. A. J. 49:15
1827. A. J. 50:17
b "Some general law should be enacted governing the release of
escheatedpand.*!.*' Hill. 1889. A. J. 112:1191-93
39Z Rights of aliens
a Attention called to claims of absentees and aliens to uncultivated
lands, mischief done thereby and remedy needed.
Clinton, G: 1784. A. J. 8 pt i :6
b Suggested that general law, with certain restrictions, be enacted to
enable resident aliens to hold and sell real estate.
Clinton, D. 1825. A. J. 48:21
c 'Disabilities in relation to acquisition and alienation of real estate
by resident foreigners are a remnant of feudal principles ... It is
worthy of your consideration whether the time has not arrived for
adoption of more liberal policy." Seward. 1840. A. J. 63:16
d In view of increased immigration it is again recommended that
disabilities of aliens in bu3ring, holding and selling real estate be re-
moved. Sewaxd. 1842. A. J. 65:1004
e "I advise the passage of a general law which will permit all aliens
who are actual residents of this state to acquire, hold and convey real
estate at their pleasure." Morgan. 1859. A. J. 82:26
f "I recommend removing all disabilities of aliens relating to the
acquisition, possession and transmission of real estate."
Hoffman. 1872. A. J. 95:20-21
g "It is submitted for your consideration whether the disabilities
which forbid foreigners to take, hold and convey real estate should
not be removed." Dix. 1873. A. J. 96:24-25
CIVIL LAW PROPERTY 393-422
3!P Conveyance
See also 835. Tax on deeds
a "Piopiiety of facilitating sales of real estate."
Clinton, D. 1819. A. J. 42 .20
b "To obviate* . . evils it might be advisable to provide for proving
deeds when the subscribing witnesses and grantors are dead or out of
the state." Clinton, D. 1827. A. J. $0:17
c Advisable to appoint commissioners in other states to authenticate
deeds when grantors and witnesses are out of the state.
Clinton, D. 1828. A. J. 51:13
393 Acknowledgments
a '*! Tecommend that provision be made for election of Commis-
sioners of Deeds by the people." Seward. 1840. A. J. 63:16
b Office of Conunissioner of Deeds has been abolished and duties have
been given to justices of the peace, at reduced fees.
Seward. 184 1. A. J. 64:22
396 Record
a Reconmiended that provision be made for receiving and keeping
' documents of the Holland Land Company, original titles of New York
land once owned by the company. Seward. 1839. A. J. 62:528-29
405 Liens and mortgages
406 Foreclosure
tk *'An exception in our statute, concerning foreclosure of mortgages,
makes it necessary to resort to Court of Chancery to extinguish the
equity of redemption of subsequent mortgages and judgment creditors
...I submit this grievance as subject of just complaint."
Seward, 1839. A. J. 62 :i8
42a Landlord and tenant
a jRecommended that law on quitrents be amended to allow tenant
to acquire exoneration. Jay. 1798. A. J. 21:5
b Message regarding difficulties in manor of Rensselaerwyck.
. Seward. 1839. S. 70
c Report on troubles with ancient leases of Rensselaerwyck and
recommendation of a measure to harmonize them with modem con-
ditions. Seward. 1840. A. J. 63:19
"The commissioners appointed. . . will soon submit a report."
Seward. 1841. A. J. 64:16
d Riots between tenants and officers of law in Columbia and Rensse-
laer county have necessitated use of militia. Recommendations in
regard to enforcement of law, paying expense incurred and settling
troubles. Wright 1845. A. J. 68:42-49 1846. A. J. 69:13-21
e Manor riots are now over, but the conditions which produced them
should be considered and remedies applied.
Toong. 1848. A. J. 71:26-30
423-51 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I90I
f Since doubt of legality of landlords' titles was an important cause
of the manor riots the subject should be investigated and settled.
Young. 1848. A. J. 71:26-30
g Perpetual leases to manorial land. Hunt. 185a. A. J. 75:25
h Manorial lands: title of landlords. Seymour. 1853. ^- J- 76:18-19
1854. A. J. 77:2a
426 Administration of estates
5m also 836, Inheritance taxes; x6q8. Trust companies
429 Probate procedure
431 Probate of wills
a ''Propriety of facilitating the proving and recording of wills."
Clinton, D. 1819. A. J. 42:20 1825. A. J. 48:2a
440 Admiiiistration
44a Management and settlement
a "Propriety of altering law on subject of executors and administra-
tors, by giving time to arrange their trusts before institution of suits."
Clinton, D. 1819. A. J. 42:20 1825. A. J. 48:2a
449 Insolvency. Assignments
5m also 533. Corporations; 1373, Railways; 1687, Banking; 1743* Insurance
a Reconunended that acts for reUef in cases of insolvency be amended
to give more publicity, preferably by publication in i or more papers
of New York city. Lewis. 180$. A. J. 28:49
b "Congress has assumed authority of passing an insolvent law. . .
providing that a debtor, on his own application and without consent
of his creditors may obtain discharge from all his debts. . .This
law is demoralizing in its tendency and rests on the assumption of
power not delegated to the federal government."
Bouck. 1843. ^- J- 66:17
c "I recommend an amendment to the general assignment act for
the purpose of preventing unjust favoritism and an inequitable dis-
tribution of the debtor's property." Hill. 1887. A. J. 110:14-15
450 Receivers
a "I recommend a law forbidding the granting of injunctions or
appointing of receivers in cases affecting moneyed and other corpora-
tions on ex parte applications." Hoffman. 1870. A. J. 93:22
451 Homesteads. Exemption from execution
a The act exempting household furniture and working tools and
teams to value of $150 is thought to have demoralizing effect as im-
pairing the obligation of contracts. Bouck. 1843. A. J. 66:36-37
b "I suggest an extension of the present exemption so as to exempt
from sale upon execution the premises occupied as a homestead to a
limited value." Fish. 1850. A. J. 73:35
CIVIL LAW CONTRACTS 453-6a
453 Contracts and other obligations
5w also 835. Tax on deeds and contracts; 31x3(5, Employment
454 Debtors
See also 735. Judgments
a Recommended that acts for giving relief in case of absconding and
absent debtors be amended to secure more publicity, preferably by
publication in i or more papers of New York city,
Lewis. 1805. A. J. 28:49
b Recommended that limitation be placed to imprisonment for debt,
though obligation of contracts is not to be impaired.
Jay. 1799. A. J. 22 pt 2:25
c "Our laws relative to imprisonment for debt should be carefully
examined for purpose of amendment." Throop. 1831. A. J. 54:23-24
1832. A. J. 55:20
d Change suggested in present unequal law of imprisonment for debt.
Clinton, D. 1818. A. J. 41 :i4
e "Propriety of abrogating preferences in pa3rment of debts."
Clinton, D. 1819. A. J. 43:20
f Defects in law abolishing imprisonment for debt should be cor-
rected. Marcy. 1834. A. J. 57:12
g "The imprisonment of nonresident debtors . . . operates injuriously
to interests of trade." Seward. 1840. A. J. 63:16
h "The law which authorized imprisonment of nonresident debtors . . .
was repealed last session . . . Imprisonment is now allowed only in
actions in federal courts. . .If you think that no principle of federal
union reqvdres us to extend this courtesy, we shall no longer witness
imprisonment for debt." Seward. 1 841. A. J. 64:24
i Imprisonment for debt. "Laws regulating imprisonment on civil
process should be thoroughly revised." Cornell. 1881. A. J. 104:25
j "Outrages against personal liberty by imprisonment for debt are
of frequent occurrence in New York city. These wrongs should be
promptly corrected by careful amendment of the law."
Cornell. 1882. A. J. 105:84-85
460 Agency
a "Mercantile interests are greatly aggrieved by law relative to mer-
chants and agents." Clinton, D. 1825. A. J. 48:21-23
461 Money. Interest. Usury
46a Money
a Circtilation of depreciated paper currency to be- reduced by raising
taxes, instead of by regulating prices by law.
Clinton, G: 1778. A. J. 2:4
b Recommended that remedy for depreciation of paper currency be
devised. Clinton, G: 1779. A, J. 3:5
c "Recommended that provision be made to prohibit issue and cir-
culation of all bank notes under $5, with view to introduce gold and
silver.'* Marcy. 1835. A. J. 58:22-24
4^2-63 N. T. 8TATB LIBRARY N. Y. GOVERNORS MESSAGES I777-190I
Good effects of this law but need of enforcing it against bills from
other states. Marcy. 1837. A. J. 60:24
d Recommended that individuals be not allowed to issue notes,
though they may properly conduct other banking business.
Marcy. 1837. A. J. 60:21-22 1838. A. J, 611x3
6 '*The law prohibiting banks from issuing bills less than $5 is un-
wise... I therefore recommend an unconditional repeal."
Seward. 1839. A. J. 62:18
f Business disturbances caused by improper paper currency issued
by the states instead of by the United States. Need of reform of 83rB-
tem of bank bills. Seward. 1840. A. J. 63 :2i-a3
g "The law. . . concerning the redemption of bank notes has had
beneficial effect." Seward. 1 841. A. J. 64:1s
h "If the federal government does not try to accomplish an early
return to the use of gold and silver, it fails in its duty."
Hoffman. 1870. A. J. 93:27-32
i Importance to state of United States financial policy.
Tilden. 1875. A. J. 98:32-33
j "Restoration of specie payments demanded."
Tilden. 1876. A. J. 99:46-54
k "I hope there will be wisdom enough at Washington to avoid
hindering our present progress toward specie payment."
Robinson. 1878. A. J. 101:30-31
m Advantages of resumption of specie payment.
Robinson. 1879. A* J* 103-34-35
n "It is believed that the remedial process by which we are to be
effectually relieved is to gather together at the earliest day possible
by purchase or otherwise a sufficient amoimt of specie to enable us to
declare our circulating paper redeemable in coin."
Dix. 1874. A. J. 97:29-3a
p Weakness of incontrovertible currency.
Tilden. 1875. A. J. 98:32-42
q Necessity for resumption of specie payments.
Tilden. 1875. A. J. 9840-42
r "That panic [September 1869] would not have been possible but
for our having in use as money something which lacking the intrinsic
worth of the precious metals must depend upon the caprices of opinion
for its current value." Hoffman. 1870. A. J. 93:27-28
8 Causes of financial panic. Dix. 1874. A. J. 97:29-32
t Causes of monetary disturbances. Cornell. 1882. A. J. 105:90
463 Interest. Usury
a "Statute prohibiting usury and limiting interest is notoriously vio*
lated." Jay. 1798. A. J. 21:6
b Recommended that rate of interest be lowered.
Clinton, D. 1820. A. J. 44:14 1825. A. J. 48:21
C Recommended that the penal clauses of the usury law be repealed
at] least in regard to commercial paper maturing within 6 months,
this modification of the law not to be extended to banks or other in-
corporated bodies, however. Marcy. 1837. A. J. 60:23-24
CIVIL LAW FAMILY
d **I recommend that the legal rate of interest be reduced to 6%.**
Bouck. 1844. A. J. 67:38
• Usury. "I recommend a modification of the usury laws in certain
cases." Seymour. 1854. A. J. 77:25
i "A law against usury . . . would be productive of salutary effects."
Clark. 1855. A. J. 78:24-25
g "Law which restrains corporations from pleading usury should be
repealed." Clark. 185$. A. J. 78:25
h "I suggest whether the time has not arrived to repeal the usury laws
leaving the established rate of interest to apply to cases in which no
contract or agreement has been made." Dix. 1873. A. J. 96:25
1 "Even if it v^ere considered unwise to change the usury laws as ap-
plied to time loans there cotild hardly be doubt of the wisdom of modi-
fying them so far as regards demand loans."
Cornell. 1882. A. J. 105:90
4a Torts
47X Personal injury
a "I recommend an amendment to the statute which limits the
amount of recovery to $5000 in the case of the death of a person caused
by the negligence of another person or of a corporation, and increasing
such amount to $10,000." Hill. 1888. A. J. izi:i6
474 Family
476 Marriage
a "It is suggested that some motion should be made at this session
toward a conference of representatives of all the states to consider the
question of uniform marriage and divorce laws."
Hill. 1889. A.J. 112:28
480 Divorce
489 Trials. Procedure
a Divorce. ''An amendment mandatory in its character should be
enacted which would provide that the service of the summons in such
an action should be proven before and the case heard by the trial
judge in open court." OdelL 1 901. A. J. 124:45
490 Family property
49a Dower
a In view of numerous claims of dower by widows of attainted persons
it is necessary to guard the treasury against improper or fraudulent
claims. Clinton, G: 1802. A. J. 2.5:6
497 Children; adoption
a Adoption law. "It would be unwise to enact a revolution of legal
rules which would require a series of affirmative acts to produce, the
results. which the people are accustomed to regard a matter of course."
Tildcn. 1875. A. J. 98:i'2i2-i4
500-9 N. T. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I9OI
soo Corporations
5## also 1200, Transportation; 1679, Banking; 1733, Insurance
a Recommended that principles be established by which turnpike
companies shall in future be incorporated. Lewis. 1806. A. J 29:9
b Questioned whether corporations, other than literary or religious,
have not increased to alarming extent. Tompkins. 1812. A. J. 35:8
c "I recommend that you should abstain from granting charter privi-
leges to be used in transacting business prosecuted by individuals,
which can be conducted as well by them as by companies.*'
Marcy. 1836. A. J. 59:21
d Under the new Constitution, general laws for the formation of cor-
porations must be enacted. Young. 1847. A. J. 70:19-20
e Reasons for providing for the incorporation of companies by general
law, not by special legislation. Morgan. 1859. A. J. 82:1143-4$
f '*! suggest that the Legislature authorize a joint committee of its
members to investigate the subject of corporation laws and if possible
to procure uniformity of legislation in neighboring states."
Flower. 1892. A. J. 115:17
g "Our laws should be so drawn as to protect and encourage corpora-
tions which do their honest duty by the public, and to discriminate
sharply against those organized in a spirit of mere greed."
Roosevelt. 1900. A. J. 123:19
h Chief abuses noted. Roosevelt. 1900. A. J. 123:24-27
i "In all cases where a corporation is created by special act a clause
should be contained in the act requiring the filing and recording in the
Secretary of State's office of a certified copy of such special act."
Roosevelt. 1900. A. J. 123:38-39
j "I hope that the present Legislature will not adjourn without
having enacted amendments which will liberalize and make more
popular our corporation laws." Odell. 190 1. A. J. 124:21-22
506 Liability of stockholders
a Discussion as to personal liability of stockholders for debts of cor-
porations. Young. 1848. A. J. 71:22-24
507 Supervision. Reports
a "It would be a most valuable protection to the people if other large
corporations were obliged to report to some department their trans-
actions and financial condition." Cleveland. 1884. A. J. 107:32-33
b "Much can be done by amendment of the corporation laws so as
to provide for such publicity as will not work injustice between busi-
ness rivals." Roosevelt. 1900. A. J. 123:23-27
509 Capital. Shares. Debts. Property
a "A statute prohibiting the issue of shares of stock except upon the
receipt by the corporation of their par value in cash and prohibiting
the issue of bonds in excess of the amount of the capital of the corpora-
tion paid in cash, should be passed." Hill. 1886. A. J. 109:30
b "I recommend an act limiting, regulating and restricting the
power of corporations in the issue of stocks and bonds."
HiU. 1887. A. J. 1x0:17
CIVIL LAW ADMINISTRATION OP JUSTICE S^S-^OO
515 Limit of property
A "I can not approve of any law authorizing a corporation to hold
real estate in this state [without limitation as to object or value]."
Clark. 1855. A. J. 78:1351
533 Dissolution. Insolvency
a "Certain corporations can be dissolved by the action of their direc-
tors against the protest of their stockholders. Some limitation upon
this power is needed.'* Hill. 1885. A. J. 108:34
583 Corporations not for profit
Stt also 8x0, Exemptions from taxation; 1761. Fraternal societies; 1835,
Agricultiiral societies: 2x40. Charities
a "Principal societies in New York devoted to science, literature and
arts have been collected in a spacious edifice called the New York
Institution . . . Such institutions are entitled to the countenance of
government." Clinton. B. 1818. A. J. 41:10
585 Property
a "There should be one general act fixing the lindt of the amount of
property which this and other similar institutions [educational] may
be permitted to hold." Hill. 1889. A. J. 112:408
586 Religious corporations
a Reconmaended that law for incorporation of religious bodies be
amended to allow contracts with the minister to be assessed on mem-
bers of the corporation and collected by public collector.
Jay. 1800. A. J. 24:6-7
s»9 Combinations and monopolies
a Coal trust. "Have the people of this state any means of legisla-
tive relief against a monopoly of a natural and necessary product?
The question is worthy of your earnest attention."
Flower. 1893. A. J. 116:30
590 Administration of justice
600 Courts
a Evils in administration of justice reported by Chancellor of Chan-
cery Court. Tompkins. 1812. A. J. 35:10
b Arrangement and organization of the judiciary under the new Con-
stitution. Yates. 1823. A. J. 46:11-12
1824. A.J. 47:8
c Attention called to radical defects of judiciary system.
Clinton, D. 1828. A. J. 51:13
d "Our present judiciary establishment needs to be enlarged."
Suggested that one or two Vice Chancellor's Courts in different parts of
state would relieve Chancery and Supreme Courts, also that salaries
of higher judges be raised. Marcy. 1834. A. J. 57 :i 1-12
1835. A. J. 58:12
1837. A. J. 6o:ii-ia
6oo-9 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-190I
e ** It is to be feared that the constitutional provisions relative to th«
judiciary will not permit it to be expanded to meet the public wants. . .
Something must be done for the public relief."
Marcy. 1836. A. J. 59:10
f Changes in the judiciary and in judicial procedure recommended by
the commissioners appointed for the purpose.
Marcy. 1838. A. J. 61:8-9
g Faults in the judicial system and changes suggested.
Seward. 1839. A. J. 6a:i6-i8 1840. A. J 63:17-18
Some progress made, specially in reducing fees in Court of
Chancery, but much need of further reform.
Seward. 1 841. A. J. 64:»x-3a
h *'The administration of justice has become more efficient."
Seward. 1842. A. J. 65:1001
i "I would enlarge the present system so as to meet public wants."
Bouck. 1843. A. J. 66:31 1844. A, J. 67:12-13
j Proposed that Constitution be amended to add 3 associate chan-
cellors to the Court of Chancery and a justices to Supreme Court.
Wright. 1845. A. J. 68 -.40
k Judiciary system is to be reorganized under the new Constitution.
Young. 1847, A. J. 70:11-14 1848. A. J. 71:30
m "Present operations of the judicial system seem inadequate to the
speedy administration of justice." Fish. 1849. A. J. 73:22-33
n Judiciary system: amendment of Constitution.
Fenton. 1867. A. J. 90:14-16
p "In making appropriations for the judiciary a saving could be
effected." Odell. 190 1. A. J. 124:27-28
605 Supreme courts
A Court of Appeals: means to relieve the pressure of business.
Fenton. 1865. A. J. 88:16-17
b Court of Appeals. "No appeals should be authorized to be taken
to the highest court of the state from mere investigations or arbitra*
tions." Hill. 1885. A. J. 108:679-80
608 Judges
A "Frequent changes in the judges of the Court of Appeals tend to
prevent the dispatch of business with the necessary rapidity and cer-
tainty." Morgan, i860. A. J. 83:36
609 Intermediate courts
For officers and judges sm 647-94. ^^ olso 375, Pardons; 855, Court of claifnt
a Submitted to Legislature whether additional judge of Supreme
Court of Judicature is necessary. Clinton, G: 1789. A. J. 12:36
b Judges of county courts or other responsible officers should be given
power to appoint road commissioners and inspectors and issue toUgata
licenses, with right of appeal from their decision,
Tompkins. 181 6. A. J. 39:19
c "Propriety of placing jurisdiction of courts of sessions, in the
counties, on same footing as that of New York."
Clinton, D. 18 19. A. J. 42:20
CIVIL LAW ADMINISTRATION OP JUSTICE 609-55
d Report on special Circuit Court held in Niagara county, and extra
expense thereof . Throop. 183 1. A. J. 54:27-28
e Repeal recommended of laws allowing judges of county courts to
interfere with supervisors in appointment of commissioners of deeds,
county treasurers and superintendents of th& poor.
Seward. 1840, A. J. 63:16
This has been done with good result. Seward. 1 841. A. J. 64:22
f "I recommend the subject of improving the Court of Common Pleas
and reducing its expenses, for renewed action."
Bouck. 1844. A. J. 67:13-14
g "County courts should have a more extended jurisdiction."
Hunt 1851. A. J. 74:25
h "I recommend the creation of an additional judicial district of the
Spureme Court." . Clark. 1856. A. J. 79*113
i Courts of record : revision of rules needed.
Hoffman. 187 1. A. J. 94:50
j "Two Legislatures having duly passed an amendment providing for
the election of additional justices of the Supreme Court, it will be the
duty of the present Legislature to provide for its submission to the
people." Hill. 1891. A. J. 114:16-17
k "The new judiciary article requires the Legislature to divide the
state into four judicial departments in each of which is to sit a branch
of the new Appellate Division of the Supreme Court."
Morton. 1895. A. J. 118:19-20
645 Inferior courts
a * ' Statutes for limiting number of magistrates, extending j urisdiction
•f inferior courts and restraining abuses in practice of law have been
attended with salutary effects." Clinton, D. T819.A.J. 42:20
b Recommended that towns be allowed to provide buildings for minor
courts. Clinton. D. 1825, A. J. 48:9
6S3 Justices of the peace
a Complaint as to delay of trials in courts of justices of the peace in
New York. Change recommended. Lewis. 1807, A. J. 30:7-8
b Recommended that statute be amended to make it imperative on
judges of county courts and supervisors to nominate specified number
of justices for every town. Yates. 1823. A. J. 47:8
c As mode of appointing justices has been found faulty, it is recom«
mended that they be elected by the people.
Clinton, D. 1825. A. J. 48:9 1826. A. J. 49:16
Results. Clinton, B. 1827. A. J. 50:11
d "The jurisdiction of justices' courts has been extended to cover
cases not involving over $100. . .Jurisdiction was originally limited to
£s or $12.50." Seward. 1841. A. J. 64:29
655 Municipal and police courts
a "I call the attention of Legislature to a need of the reorganization
of the inferior criminal courts of New York city."
Morton. 1895. A. J. 118:1586-88
757-75 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-190I
657 Court officers
a Recommended that authority be given to compel testimony of
witnesses in case of sheriff, clerk or register removed by Governor.
Clinton, D. i8a6. A. J. 49:16
b Recommended that ordering of a new election for clerk or sheriff by
Governor within prescribed time be discretionary instead of manda-
tory. Clinton,!). 1827. A. J. 50:17
659 Fees. Salaries
For fees and salaries of particular court officer see that head
a Unwise practice of allowance of annual gratuities by Legislature to
executive and judicial departments. Jay. 1800. A. J. 33:5
668 Judges
a Inadequate salaries of chancellor and judges of Supreme Court.
Recommended that provision be made for them after retirement by
age limit. Jay. 1796. A. J. 19:6
b As duties of the S judges of Supreme Court have for some time been
performed by less number, adequate compensation is recommended.
Clinton, G: 1802. A. J. 25:6
c Extra compensation for Supreme Court judges in New York city is
warranted by increase of business. Tompkins. 1808. A. J. 31:8
d Recommended that inadequate salaries of Circuit Court judges be
increased. Van Buren. 1829. A. J. 52:18
e Recommended that inadequate salary of chancellor and judges of
Supreme Court be increased. Van Buren. 1829. A. J. 52 :i8
f In matter of charges against Judge Inglis of the Court of Common
Pleas of New York city, the Governor holds that there are no grotmds
for his removal. Seward. 1841. A. J. 64:50
g "Every incumbent of a seat on the bench of the state should be
provided with a commission tmder the seal of the state."
King. 1858. A. J. 81:130
h "A continuance of some reasonable portion of the salary of a judge
removed for physical disability during the balance of the term for
which he was elected should be provided for."
Cornell. 1881. A. J. 104:25
669 Notary public
a " It is my opinion that the number should be diminished rather than
increased." Cornell. 1880. A.' J. 103:800-1
b "I should be glad to approve a bill reducing the number of these
officers and providing for their appointment by some local authority.
Cleveland. 18S3..A. J. 106:724-25
675 Public prosecutor
a Recommended that in absence of district attorney, court be
authorized to appoint substitute and in cases involving life of prisoner,
an assistant, to be paid in same way as district attorney.
Yates. 1823. A. J. 47:8
CIVIL LAW ADMINISTRATION OF JUSTICE ^75-7x7
b "I suggest that the allowance of fees to district attorneys for success-
ful prosecution of indictments and the suing of forfeited recogni-
zances would tend to strengthen the arm of justice."
Fenton« 1866. A. J. 89:19
c "The legal expenses could be greatly reduced if the compensation of
the attorneys was fixed by statute on a percentage basis rather than
left to the discretion of the Comptroller."
Odell. 190 1. A. J. 124:20-21
691 Sheriff
I a The armed and disguised men who murdered the sheriff of Columbia
county have been arrested by the cooperation of neighboring states,
at the Governor's request. Clinton, G: 1792. A. J. 14:6
695 Civil procedure
See also 489, Divorce
a Improvements in administration of civil and criminal justice.
Clinton, D. 1820. A. J. 43:14
b "Such further legislation should take place as is necessary to pro-
vide that civil remedies . . . should be prosecuted under a general
method of procedure." Seymour. 1853. A. J. 76:20
c "I recommend the repeal of the partial code which went into effect
on the I St of September and the reenactment of the code which was
in force up to this date to be amended from time to time."
Robinson. 1878. A. J. 101:29
d New code. "I recommend that you refuse to pass it."
Robinson. 1879. A. J. 102:30
699 Commencement of action
703 Place of action. Jurisdiction
See also 605-55, Special cotirts
a Need of amending act relative to trial of causes to amount of ;£io.
Jay. 1800. A. J. 23:6
705 Summons. Process
a Report on the calling out of militia to protect the sheriff of Albany
county, in executing process of the Supreme Court in regard to rents
of Rensselaerwyck. Seward. 1840. A. J. 63:18-19
7x7 Evidence. Witnesses
See also 346. Perjviry
a "To declare by statute that the testimony of no person without
qualification who has witnessed the commission of an offense or is
knowing to any circumstance connected therewith shall be received
in evidence because he has lodged information of the crime committed
is a violent and dangerous presumption."
Cornell. 1881. A. J. 104:1928-29
7^3-74 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I90I
723 Oaths
a Statute regarding oaths is pleasing to those citizens who have
scruples against them. It is hoped that this principle will be main-
tained. Clinton, B. 1822. A. J. 45:i5
735 Judgments
a "A law passed requiring judgments designed to affect real estate to
be docketed in coimty where situated. This has relieved alienation of
onerous charges and inconvenience." Seward. 1 841. A. J. 64:22
738 Court funds
a Recommended that sums of money above a certain amoimt, brought
into Court of Chancery or Supreme Court to await issue of suit, shall
be deposited in New York or Albany banks, subject to order of court.
Jay. 1799- A. J. 22 pt 2:25
739 Special actions
749 Injunction
a Injunction restrictions suggested: (i) no injimction to be granted
ex parte; (2) no injunction to be granted except where injury would
be irreparable or when apprehended wrongdoer was insolvent; (3)
security be required for pa3rment of damages in case the process be
improperly obtained. King. 1858. A. J. 81:129
b "I recommend a law forbidding the granting of injunctions or the
appointing of receivers in cases affecting moneyed and other corpora^
tions on ex parte applications." HofEman. 1870. A. J. 93:22
750 ADMnnSTRATIVE LAW
770 Finance. Public property
^ Sm also 3337, School finance; 3550, Local finance
773 Domain, Property
774 Public lands
5m also 3340, School lands
A Recommended that law for raising troops by bounties of tmappro-
priated lands be revised and small additional money bounty be granted,
to secure recruits. Clinton, G: 1781. A. J. 5:5
b Survey of waste lands has been completed and grants of those al-
lotted as bounty to troops may be issued.
Clinton, G: 1790. A. J. 13, pt 2:3
c Product from sale of waste lands is deemed sufficient for govern*
ment expenses. Clinton, G: 1792. A. J. 14:6
FINANCE
d Recommended that law establishing Land Office commissioners be
amended to exempt the Governor from membership.
Clinton, G: 1802. A. J. 25:184
e Removal of intruders on public laud in Niagara river.
Clinton, D. 1820. A. J. 43:51 1822. A. J. 45:15
f Recommended that state buy the rights of the Holland Land
Company and of Messrs Willenks of Amsterdam.
Clinton, D. 1820. A. J. 43:581
g "The public wealth has been augmented by a virtual restoration to
the state of its share of the national domain ... It yields annual reve-
nue of about $200,000." Seward. 1842. A. J. 65:28-29
776 Sale. Settlement
a Public lands to be sold to pay interest and principal of public debt,
also to hasten settlement of state by immigration.
Clinton, G: 1784. A. J. 7:6
b Product from sale of waste lands is deemed sufficient for govern-
ment expenses. Clinton, G: 1792. A. J. 14:6
c Need of promoting settlement of Niagara river lands and preventing
waste and intrusion on public lands in general.
Clinton, G: 1803. A. J. 26:7-8
d Lands reserved for military purposes may be sold to pay for 2
new arsenals, i in middle district and i in western.
Clinton, G: 1804. A. J. 27:6
e Recommended that Legislature consider whether mode of selling
public lands may not be improved. Clinton, G: 1804. A. J. 27:7
f Recommended that New York join other states in asking Congress
to set apart public lands for education fund.
Clinton, D. 1822. A. J. 45^x3
g Recommended that Legislature ask Congress to give revenue of
lands sold, to carry on internal improvements in the several states.
Seward. 184 1. A. J. 64:35-39
h "It is the duty of government, in disposmg of its public domain,
to confine sales as far as practicable, to small parcels and actual
settlers." Young. 1848. A. J. 71:30
777 Deeds. Titles
a "Commissioners have been associated with Attorney General to
act in regard to claims on lands in Putnam county, also in St Regis
reservation." Clinton, D. 1879. A. J* 42:20 Throop. 1830. A. J. 53:27
1831. A. J. 54:26
778 Tide, shore and swamp lands
a Question of reclaiming Cayuga marshes.
Clinton, I). 1825. A. J. 48:18-19
b "I caU your attention to the desirability of allowing the commis-.
sioners of the Land Office to grant leases with power of renewal for
riparian lands." Roosevelt. 1900. A. J. 123:43
774-78
779-8l(S N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I90I
779 Buildings. Property and supplies
780 Buildings and grounds
a Recommended that Legislature provide for care of public buildings.
Clinton, G: 1802. A. J. 25:42
b "I suggest that engineers and architects be required to deposit in
the archives their plans, maps, estimates and models of canals,
railroads and public edifices." Seward. 1842. Aw J. 65:11
c Public buildings, cost arid construction: State Capitol, Hudson
River State Hospital, Homoeopathic Asylum, State Reformatory,
Buffalo State Asylum. Dix. 1874. A. J. 97-33
d "I can not see the propriety of reducing a large body of taxpayers
to pauperism for the purpose of building gorgeous palaces in which
other paupers are to be supported at public expense."
Robinson. 1877. A. J. 100:17-18
e Public buildings at Albany. "The act to center in one person
the care and maintenance of this property was eminently wise."
Cleveland. 1884. A. J. 107:37
f "The plans and specifications for all buildings of this character
should be carefully prepared and sufficiently in detail to insure the
erection and completion of the building furnished and equipped and
within the amount appropriated therefor."
Morton. 1895. A. J. 118:876-79
781 Capitol
a Recommended that the Government House be repaired.
Jay. 1796. A. J. 19:38
b Report on furniture of Government House, brought to Albany.
Clinton, G: 1802. A. J. 25:4a
c Report in regard to the Capitol contemplated.
Clinton, D. 1818. A. J. 41:141
d "The new State Hall has been completed."
Seward. 1842. A. J. 65:11
781(5 New capitol
a "I recommend the appropriation of an amount sufficient to com-
mence and carry forward the undertaking in the manner contem-
plated by law." Fenton. 1866. A. J. 89:368-69
ai "This enterprise should be promptly and successfully prosecuted.
To this end I recommend that an appropriation be made."
Fenton. 1867. A. J. 90:21
b Site fixed. Hoffman. 1869. A. J. 92:24
bi "I recommend that provision be made for carrying on this work
during the coming year." Hoffman. 1870. A. J. 93:19-20
b2 "I recommend that the work be suspended at least until our war
bounty is paid, unless the plans can be so modified as to insure that
the cost will be not much in excess of the original limit — $4,000,000."
Hoffman. 1 871. A. J. 94:13-14
b3 Cost to date. Hoffman. 1872. A. J. 95:13
FINANCE 781(5
c Estimate for completion. "Increased cost has been caused by
changes in plan but in a far greater degree by understating the neces-
sary expenditure in the original estimates." Dix. 1874. A. J. 97 133-35
d Cost to Jime 20, 1875. Tilden. 1876. A. J. 99:27-28
dz "The details have not been worked out with such thoroughness
and certainty as to afford any guide as to the amount which will
probably be required for the completion of the building. What
that cost will be ought to be ascertained with all the certainty attain-
able," Tilden. 1876. A. J. 99:28-29
c Cost. *• Discouraging to contemplate its completion in view of
the enormous annual cost of heating, lighting, cleaning."
Robinson. 1877. A. J. 100:17
ex **I recommend that henceforth the work proceed by the com-
pletion of certain sections which may be brought into use instead
of spreading the expenditures over the whole building."
Robinson. 1878. A. J. 101:31-32
62 Removal of Legislature to quarters in new Capitol.
Robinson. 1879. A. J. 102:15
63 **I recommend that the Legislature should consider (i) whether
any appropriation shall be made at this session ; (2) whether a simpler,
cheaper and less ambitious style of finish ought not to be adopted."
Robinson. 1879. A. J. 102:24-25
e4 Appropriations. "There is no proper legal audit of these expendi-
tures exercised by any financial officer."
Robinson. 1879. A. J. 102:25-26
f Total cost. Cornell. 1880. A. J. 103:19
fi Progress of construction. Cornell. 1880. A. J. 103:19
1881. A. J. 104:20*
1882. A. J. 105:76-77
f2 Location of departments. Cornell. 1882. A. J. 105:76-77
£3 "Provision should be made for the improvement of the Capitol
grotmds." Cornell. 1882. A. J. 105:77
g Total cost 1882. Cleveland. 1883. A. J. 106:23-24
gi Progress of construction. Cleveland. 1883. A. J. 106:23-24
g2 Progress of construction. *' There should be no interruption in
the work so completely systematized."
Cleveland. 1884. A. J. 107:35-37
h "Should be completed at the earliest possible date."
Hill. 1885. A. J. 108:29-30
i Sanitary condition. *'I recommend an appropriation of $20,000
for repltmibing and draining that portion of the building dangerous
to health." Flower. 1894. A. J. 117:1602-3
j "I suggest that the Legislature procure specifications of the work
necessary to complete the building together with estimates as to
cost, with the view that the work be completed by contract."
Morton. 1895. A. J. 118:19
J I Progress of construction: nearing completion.
Morton. 1896. A.J. 119:33-34
78l(5-8oo N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I90I
k "This building ought to be finished at once. The work shotdd
be done by contract and sufficient money appropriated to pay for it."
Black. 1897. A. J. 120:20-21
ki "The structure will be completed before the ist of next October."
Black. 1898. A. J. Z2Z :23
783 State architect
a "The most effectual method of guarding against defective esti-
mates of cost and changes of plan involving additional expenditure
is to place the construction of all buildings to be erected at the ex-
pense of the state under a single superintending architect."
IMx. 1874. A. J. 97:33-35
b Valuable service to state. Roosevelt. 1900. A. J. 123:45
793 Public works
a Public works; drain on state finances.
Seymour. 1853. A. J. 23-25
795 State departments
a Urging early appointment of Superintendent of Public Works.
Robinson. 1877. A. 88
b "Constitution amended to provide for the appointment by Gov-
ernor and Senate of a Superintendent of Public Works with all the
powers of the canal commissioners." Robinson. 1877. A. J. 100:17
798 State parks
See also 1894. Forest preserve; 2369, Scenic and historic places
a Niagara Falls. "An international park should be established
enclosing a suitable space on each side of the river from which all
annoyances and vexations of sharpers, hucksters etc. should be
excluded." Robinson. 1879. A. J. 102:29
Report of reservation commission.
Cleveland. 1884. A. J. 107:41-42
b Recommends measures for preserving the Palisades.
Morton. 1896. A. J. 119:31—32
Roosevelt. 1900. A. J. 123:47, 98
c Plans for the Palisades Interstate park.
Odell. 1 90 1. A. J. 124:39-40
800 Taxation (general)
See also 37x3. Road taxes
a Internal duties and excises, marine passes and duty on vendue
sales are to be established for payment of interest and principal of
public debt. Clinton, G: 1784. A. J. 7:6
b Recommended that rules and regulations as to taxation be adopted
in anticipation of probable need. Jay, 1796. A. J. 20:6
c Question raised whether taxation system ought not to be revised.
Clinton, G: 1802. A. J. 25:5
FINANCE 800
Revenue is adequate for all purposes and it is anticipated that all
claims against the state may be extinguished without taxes.
Clinton, G: 1804. A. J. 27:7
Deficiency in state revenues may be made up by lottery.
Lewis. 1806. A. J. 29:9
A much greater public revenue may be raised annually by lotteries
already authorized by law. Clinton, D. 1818. A. J. 41:11
Recommended that lottery law be amended to keep out tickets of
other states and produce greatest possible revenue without injuring
community. Clinton, B. x8i8. S. J. 41:108
"One of the most pernicious ways of raising revenue is by establish-
ment of lotteries. . .It is hoped that after existing grants are satisfied
this will be entirely abandoned." Clinton, D. 1820. A. J. 44:14
Taxation necessary to replenish treasury, depleted by public
works. Throop. 1831. A.J. 54:11-13 Marcy. 1835 A. J. 58:15-16
183a. A. J. 55:13-14 1836. A. J. 59:15-18
To meet deficiencies, a state tax of i mill on the dollar on real and
personal estate was imposed. This was approved by the people but
should not be regarded as permanent measure of finance.
Bouck. 1843. A. J. 66:23 1844. A. J. 67:16
Statement of land and personal property with taxes on each.
Bouck. 1844. A. J. 67:19
Direct taxation for canal expenses. Hunt 1 851. A. 5. 74:16
"I recommend that recourse be had to direct taxation in such meas-
ure and with such apportionment as will render it least onerous to
the people, while fulfilling the end." King. 1858. A. J. 81 :i24
Direct tax on real estate for support of United States government.
Morgan. 1862. A. J. 85: 24-25
"The burdens of taxation should bear equally as may be upon the
two great classes of property, real and personal."
Fenton. 1867. A. J. 90:17
"Congress shotild reduce and readjust the taxes so as to have them
fall where they would be least felt, most readily paid and most easily
collected." Fenton. i868. A. J. 91 .14
"It would be a dangerous innovation for the state to delegate any
Ix>rtion of its taxing power to a private corporation."
Tilden. 1875. A. J, 98: 1674-75
"Necesaty of a revision of the laws relative to assessment and taxa-
tion still exists. Some comprehensive and practicable measure should
be embodied in the statutes of the state distributing the expenses of
government both local and general among all property owners."
Cornell. i88a. A. J. 105:69
"New methods of raising revenue should be devised in order to
relieve the people from the burdens of increased direct taxation."
Hill, 1887. A. J.. 110:19
"I recommend the Legislature to devise ways and means for the
enlargement of the field of direct taxation."
Morton. 1895. A. J. 118:16
800-Z2 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-190I
w Importance and difficul ty of problem . Roosevelt. 1899.A. J.z3a:x6
z Suggestions for reform. Roosevelt. 1900. A. J. i23:z8~9o
803 Temporary commissions and special investigations
a Report of special revision commission (David A. Wells, George W.
Cuyler, Edwin Dodge). Hoffman. 187a. A. J. 95:23-3$
b "Subject of revision of the laws for the assessment of property as
a basis of taxation should be placed in the hands of a commission
fairly representing the agricultural, commercial and other material
interests of the state to perfect a plan for the consideration of the next
Legislature." Cornell. 1880. A. J. 103:14
c "Some agency should be created which will consider the subject of
taxation and report to you or your successors some scheme to correct
the present evil." Black. 1898. A. J. 121:34-35
d "I recommend that you create a joint committee of the Senate and
Assembly to investigate the subject in full and to report to the next
Legislature a proper scheme of taxation."
Roosevelt. 1899. A. J. 122:1885-87
808 Taxation of personal property
S€9 also Saj, Assessment
a Recommended that tax laws be changed to distribute burden
more evenly and reach personal property more effectually.
Fish. 1849. A. J. 72:19-20
b "The whole property of the state, personal as well as real should be
made to pay its due share of the cost of government."
Morgan. 1862. A. J. 85:15
c "Both real and personal property should be placed upon the same
footing by abolishing in all cases any deduction for debts."
Cleveland. 1884. A. J. 107:13-14
d "Some new system of assessment and taxation must be adopted to
impose upon personal property its equitable share of taxation."
Hill. 1890. A. J. 113:43-44
809 Money and securities
a "Tax on mortgages of real estate not only prevents the introduc-
tion of capital from abroad but is rapidly expelling our own heretofore
loaned on such security." Dix. 1873. A. J. 96:26
b "I should recommend exempting mortgages entirely from taxa-
tion." OdelL 190 1. A. J. 124:29-30
810 Exemptions from general property tax
8x2 Charitable, educational and religious institutions and societies
a "They [churches, schools and hospitals] should not be discouraged
by the imposition of burdens from which they have hitherto been
exempt." Robinson. 1877. A. J. xoo:a5
FINANCE 8x9-^3
8x9 Assessment
a Necessity of estimating taxable property through state and making
new laws for this purpose. Clinton, G: 1784. A. J. 8 pt 1:6
b Recommended that inequalities in assessment of taxes be remedied.
Jay. 1800. A. J. 24:5
c "Some uniform system in making assessments should be adopted,
applicable to every coimty." Bouck« 1843. A. J. 66:28
d Revision of assessment laws. Hunt. 1852. A. J. 75 '14
e ''Measures should be adopted for the correction and equalization
of the valuations of both real and personal estate."
Morgan. 1859. A. J. 82:26
f Assessment. Fenton. 1868. A. J. 91:11-13
g "Method of assessment is defective." Fenton. z868. A. J. 91 :i5
h "Existing laws for the valuation of property and the assessment of
taxes are unequal, unjust and ineffective." Dix. 1873. A. J* 9^- 25-«6
i *' Efforts of assessors should be not so much to increase valuation
as to produce a just and equitable distribution of the burdens of
taxation." Robinson. 1877. A. J. 100:23
} "Taxes should be fairly and impartially assessed. The present
laws are so defective that a portion of the taxpayers are permitted
to escape their just proportion of the public charges."
Cornell. 1881. A. J. 104:15
Sao Real estate
a "Taxes on imimproved woodland are so tmequally assessed and
wastefully collected as to require legislative interposition."
Jay. 1798. A. J. 21:6
b Assessment of real estate; equalization. Morgan, i860. A. J. 83:25
c "There should be a revision of the existing laws on the subject."
Morgan. 1 861. A. J. 84:25
835 Personal property
a Fish. 1850. A. J. 73^27 Hunt. 1851. A. J. 74-361852. A.J. 75:15
b "The process of requiring tax-paying inhabitants in some of the
states to n:iake oath as to the nature, amount and worth of their
estates has proved successful and it would seem to furnish the remedy
for the defects of our system." Fenton. 1866. A. J. 89 :i5-i6
c Assessment of personal property in New York compared with other
states. Fenton. 1868. A. J. 91:15
d " Laws should provide for specific returns of all taxable property . . .
It might be advisable to provide for a commission to investigate the
subject and to report with such recommendations as may be deemed
advisable." Fenton. 1868. A. J^ 91:15-16
e "One great defect in the assessment laws is their failure to reach
personal property." Cornell. 1882. A. J. 105:69
i "Personal property escapes its fair proportion of the expense inci-
dent to its protection and preservation."
Cleveland. 1883. A. J. 106:12-13
g "Statutes governing the appraisement and assessment of personal
property are defective." Hill. 1886. A. J, 109:16-17
823-3^ N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I90I
h "Real and personal property shotild be placed on an equal footing
for all purposes of taxation." Hill. 1886. A. J. zo9:z6-z8
i Inequalities in taxation of personal property.
Hill. 1887. A. J. 110:19-20
827 Collection
a Revision of tax laws, specially in regard to mode of collection, rec-
ommended in view of arrearages. Clinton, G: 178a. S. J. 6:80
b Attention again called to need of revision of tax laws.
Clinton, G: 1783. S. J. 6:98
829 Delinquent taxes. Tax sales. Redemption
a Recommended that laws be enacted for seizure of property of per-
sons indebted to United States and refusing to pay.
Clinton, 6: 1779. A. J. 2:46
b Recommended that measures be adopted to collect arrears of taxes
and to raise rates enough to make up for depreciation of paper money
since taxes were due. Clinton, G: 1781. A. J. 5:4
c As hardships have been suffered from sales of land for unpaid taxes,
without knowledge of owner, it is recommended that sales be held
in the respective counties. Fish. 1849. A. J. 71:19
d ''Practice of granting applications to extend the time for the col-
lection of taxes ought to be discontinued."
Morgan. 1859. ^- J- 82:26^ 451-60
e "Public interests require a denial of applications for extension of
time for the pa3rment of taxes." Morgan, z 861. A. J. 84:z7
830 Income tax
a Constitutionality of income tax. Morgan. 1862. A. J. 85:25-26
835 Tax on deeds and contracts. Fees
a Suggested that certain fees on lucrative commissions and g^rants
would defray expenses of secretary's office.
Clinton, G: z8o2. A. J. 25:6
836 Inheritance taxes
a ** Desirability of a general law which shall operate uniformly upon
all institutions entitled to exemption from taxation of devises and
bequests to them." Hill. 1889. ^- J- ii2:zi9o-9Z
b "It is suggested whether a satisfactory solution of the problem of
taxing personal property may not be found in a graduated probate
and succession tax upon the personal property of decedents developing
into a complete system the theory of the collateral inheritance tax."
Hill. 1890. A. J. 113:43-44
c "Method of taxing personal property may be found in the plan of a
graduated probate and succession tax upon the personal property of
decedents." Hill. 1891. A. J. zz4:z7-2o
d "I recommend that in all counties where there are now official ap-
praisers the collection of taxes be transferred to the State Comptroller
FINANCE 841-45
and in all other counties the county treasurer he made the official
appraiser for such counties." OdelL 1901. A. J. 124:21
842 Corporation taxes
a "New sources of revenue." ComelL x88i. A. J. 104:15
b ' ' Effective results will follow j udicious amendment of the laws taxing
corporations." Cornell. 1882. A. J, 105:70
c Income from taxation of corporations. HilL 1887. A. J. zzo:z8
d "I recommend a financial measure providing for the taxation of
the indebtedness of corporations, joint stock companies and associa-
tions represented in the script bonds or certificates of indebtedness
issued by such bodies." Hill. 1888. A. J. iii :i5
e "A corporation which derives its powers from the state should pay
to the state a just percentage of its earnings."
Roosevelt. 1899. ^' J* i32:apx. p. 5-10
f "To tax corporations in such a way as to drive them out of the
state works great damage to the state."
Roosevelt 1899. A. J. 122:1885-86
g Foreign corporations. "This calls for legislation which shall pro-
vide in a broad and fair spirit for taxing foreign capital in this state
whether in corporate or individual form."
Roosevelt. 1900. A. J. 123:18-19
h "An entirely new system should be framed to meet existing con-
ditions." OdelL 1901. A. J. 124:29
843 Banking institutions
5«r also x670f Banking
a "Taxing the whole surplus of the banks in addition to their capital
is'neitherequal justice nor sound policy." Robinson. 1877. A. J. 100:24
b ** Surplus of savings banks and insurance companies should be
taxed at the rate of i%." Odell. 190 1. A. J. 124:29-30
c "Trust companies and banks should pay a tax upon their capital
to the state." Odell. 1901. A J. 124:29-30
844 Insurance companies
5«r also X739f Insurance
a "Surplus of savings banks and insurance companies should be
taxed at rate of i%." Odell. 1901. A. J. 124:29-30
845 Transportation and transmission companies
S49 also laoo, Transportation; xaSj, Exemption of railroads
a "I recommend as an equivalent for reestablishing the tolls on freight
that railroad companies pa3ring such tolls be permitted to make such
equitable increase in passenger rates as the Legislature may author-
ize." King. 1858. A. J. 81 :i22-23
b "I can not doubt the wisdom or justice of reimposing for a few
years a moderate rate per ton during the season of navigation upon all
freight passing over railroads competing with canals."
Morgan, i860. A. J. 83:18, 465-70
1861. A. J. 84:15-16
845-49 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777-190I
c "I suggest whether a wise solution of the problem is not to be found
in a careful scheme of mtmidpal compensation, based upon future
earnings rather than upon present estimated and uncertain values."
Flower. 1892. A. J. 115:832—34
d Franchise tax. **I recommend the enactment of a law which shall
tax franchises as realty, which shall provide for the assessment of the
tax by the Board of State Tax Commissioners and which shall pro-
vide that from the tax thus levied shall be deducted the taxes now
paid by the corporation in question."
Roosevelt. i8qq. A. J. i22:apx. p. 5-10
e Franchise tax. ** Corporations owning valuable public franchises
must pay their full and proper share of the public burdens."
Roosevelt. 1900. A. J. i23:2c>->3z
f Method of assessment of franchise tax. OdeU. 190 1. A. J. 124:28
847 Customs
a Recommended that state vest Congress with power to levy duties
on imported goods and on prizes and prize goods, for discharge of
national debts. Clinton, G: 2781. A. J. 4 pt 2:39
849 Budget
See also 2575. Local finance
a Recommended that state quota of $15,000,000 and $6,000,000
afterward annually for national sinking fund be raised.
Clinton, G: 1779. A. J. 2:46
b Recommended that provision be made for incidental expenses of
state, as governor can not longer make advances from his private
means. Clinton, G: 1781. A. J. 5:45
c Recommended that appropriation be made for current national
expense and interest on debt. Clinton, G: 1783. S. J. 6:97
d Product of sales of waste lands is deemed sufficient for government
expenses. Clinton, G: 1792. A. J. 14:6
e General view of state finance, including funds, war debts, taxes,
lands and tolls. Clinton, D. 1818. A. J. 41 :io-ix
f Favorable condition of treasury. Clinton, D. 1820. A. J. 43:10
g Relative to expense incurred in reception of La Fayette.
Clinton, D. 1826. A. J. 49:1x64
h Revenues from canals, auctions and salt manufacture have all
decreased. Seward. 1842. A. J. 65:1004 Bouck. 1843. A. J. 66:27
i " The state of the treasury and severity of the times demand that
every department of public service be placed on rigid principles of
economy." Bouck. 1843. A. J. 66:27
j ** There should be a reduction in the expenses of government, owing
to hard times." Bouck. 1844. A. J. 67:28
Scymdur. 1853. A. J. 76:23-36
k "System of economy and retrenchment should be continued."
, Morgan, i860. A. J. 83:16
FINANCB I&i9
m "Too large a portion of the whole net earnings of industry is taken
for the purpose of carrying on government in this country."
Tilden. 1875. A. J. 98:42-43
n "Failure to keep the appropriations down to the taxes levied has
led to deficiencies in the treasury and to violations of the sinking
funds. We can not too vigilantly guard against a recurrence of these
evils." Tilden. 1876. A. J. 99:16-17
p "It is one of the evils of unsystematic legislation and adminis-
tration that expenditures exceed appropriations and appropriations
exceed taxes." Tilden* 1876. A. J. 99:19-20
q Extravagance in federal expenditure. Tilden. 1876. A. J. 99:40-46
r "Only relief from heavy taxation will be found in cutting off all
unnecessary expense." Robinson. 2878. A. J. 101:14
s "Sound policy dictates that appropriations be confined to legiti-
mate exx>enditures and the completion of public works now in progress. "
Cornell. 1882. A. J. 105.69
t "Average rate of taxation is steadily increasing and requires on
the part of Legislature and all state officials the utmost economy. "
Hill. 1886. A. J. 109:13-14
II "Wise economy in all departments of the state government is im-
peratively demanded." Hill. 1887. A. J. 110:18
T "I recommend that a committee be appointed in such manner as
may seem to the Legislature wise, fully authorized and empowered
to investigate and report the expense of carrying on the various de-
partments of the state, and that such committee be authorized after
due investigation to report such remedial measures to the Legislature
as may seem proper." Morton. 1895. A. J. 118:18-19
w "Necessity for the strictest economy in the appropriation of pub-
lic money." Morton. 1896. A. J. 119:144-46
z Suggestions for reduction of state expenses.
Roosevelt. 1899. A. J. 122:28
7 State receipts and expenditures.
Fish. 1850. A. J. 73:22-23 Robinson. 1879. A. J, 102:15-16
Hunt. 1851. A. J. 74:11-12 ComelL 1880. A. J. 103:13-14
1852. A. J. 75:13-15 1881. A, J. 104:12-14
Seymour. 1853. A. J. 76:34-36 1882. A. J. 105:67-68
1854. A. J. 77:32-33 Cleveland. 1883. A. J. 106:12
Clark. 1855. A. J. 78:10-11 1884. A. J. 107:12
1856. A. J. 79:97 Hill. 1886. A. J. 109:12-13
King. 1857. A. J. 80:10-12 1887. A. J. 110:17-18
Morgan. 1861. A. J. 84:11 , 1888. A. J. 111:24
Seymour. 1864. A. J. 87:14 1889. A. J. 112:14
Fenton. 1866. A. J. 89:15 1890. A. J. 113:46-47
Hoffman. 2869. ^- J- 9^'-^3 1891. A. J. 114:28
1870. A. J. 93:12-13 Flower. 1892. A. J. 115:16-17
Dix. 1873. A. J. 96:10 1893- A. J. 116:13-14
1874. A. J. 97:11 1894. A. J. 117:17
Tilden. 1875. A. J. 98:14 Morton. 1896. A. J. 119:16-18
Robinson. 1877. A. J. 100:12-13 Black. 1897. A. J. 120:16
1878. A. J: 101:13-14 1898. A. J. 121:17-18
Odell. 1901. A. J. 124:19-21
851-54 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777--190I
851 Appropriation. Limit of expenditure
a "Some constitutional checks should be adopted against creation of
a debt or expenditure of public money for any purpose beyond or-
dinary operations of government." Bouck. 1844. A. J. 67:13
b "No appropriation of money should be made without providing
simultaneously the means of payment." Dix. 1873. A. J. 96:11
c "I recommend the passage of a general law authorizing and re-
quiring the Comptroller whenever in any year an appropriation by the
Legislature shall exceed the amount of the revenue applicable to it
to provide for such deficiency by adding it to the tax levy."
Dix. 1873. A. J. 96:11
d Appropriations 1875. Tilden. 1876. A. J. 99:15—16
e "The appropriations should be for a specific sum and the taxes
adjusted to provide that amount." Tilden. 1876. A. J. 99:3s
f State tax levy.
Morgan. 1859. A. J. 82:15 Dix. 1873. A. J. 96:13
Seymour. 1864. A. J. 87:14 1874- A. J. 97:1a
Fenton. 1866. A. J. 89:15 Tilden. 1876. A. J. 99:15
Hoffman. 1869. A. J. 92:14 Robinson. 1879. A. J. 102:17
1870. A. J. 93:13 Cornell. 1882. A. J. 105:69
1871. A. J. 94:13 Hill. 1886. A. J. 106:13
1872. A. J. 95:12
[g Reduction in tax levy can be made: (i) payment on state debts;
(2) canal expenditures; (3) in general purposes; (4) asylum and
reformatory expenses. Tilden. 1876. A. J. 99:17-18
853 Accounts. Methods. Collection of moneys.
Warrants
5## also 3575, Local finance
a "Some proper and permanent mode for the liquidation and settle-
ment of the public accounts of this state is become necessary."
Clinton, G: 1778. A. J. 2:4
b Need of systematizing public revenue and establishing modes for
drawing income, expenditure and debts of state.
Clinton, G: 1784. A. J. 8 pt z :6
854 Collection of state claims and revenue
a Need of new mode of collecting state debts, specially on land sales.
Lewis. 1806. A. J. 39:9
b ''Agent has been appointed under act relative to claims •f state
against United States and has been engaged in performance of his
trust." Clinton, D. 1819. A. J. 42:20 Clinton, D. 1827. A. J. 5o:z8
1822. A. J. 45:15, 1026 Throop. 1830. A. J. 53:26
Tates. 1823. S. J. 46:423
c Communication regarding $10,000 claimed to be due state fzom
United States land fvind. Bouck. 1843. A. J. 66:1003
Wright. 1845. A. J. 68:339
d "I suggest that instead of 7% the Comptroller be authorized to
charge 10% on all balances due from county treasurers after May 1."
Morgan. 1 861. A. J. 84:17
FINANCE [854-58
e War claims against federal government. Fenton. 1866. A. J. 89:21
f War claims against the federal government: adjustment. ''I
recenmiend a joint commission on the part of the state and federal
government to which these accomits may be referred for final deci-
sion." Fentoa. 1867. A. J. 90:19
g War claims against the federal government : statement.
Fenton. 1868. A. J. 91:28
h War claims against the federal government: progress of adjust-
ment. Hoffman. 1872. A. J. 95:16-17 Dix. 1874. A. J. 97:15-16
i "A conformity to the law would no doubt be aided by making it
the imperative duty of the Comptroller to charge 10% interest on
all money received by county treasurers from taxes for state pur-
poses and withheld by them after the day fixed for payment into
the state treasury." Dix. 1874. A. J. 97:21-22
j War claims against the federal government: progress of adjust-
ment. Tilden. 1875. A. J. 98:49
k Refund of the federal direct tax of Aug. 5, 1861: suggestions as
to disposition of money. Hill. 1891. A. J. 114:1514-18
m "I recommend an amendment so as to set a uniform date or period
within which all county treasurers shall be required to forward their
tax collections to the state treasury." Morton. 1895. A.J. 118:18
855 Claims against state
a Resolutions of Massachusetts and Virginia Legislatures in regard
to state suability are submitted by their governors and measures
are to be taken in view of a suit instituted by an individual against
the state. Clinton, G: 1794. A. J. 17:7
b Board of Claims substituted for oflSce of Canal Appraiser and State
Board of Audit. Cleveland. 1884. A. J. 107 :35
c Duties of Board of Claims. Hill. 2885. A. J. 108:20-21
856 Examination and audit
a Importance of economy and watchfulness in state expenditure,
to guard against dishonesty and waste.
Van Buren. 1829. A. J. 52:17-18
b Auditing of accounts. "I urge the necessity of authorizing
beards of supervisors to audit the accounts of agents employed under
the direction of county authorities to execute requisitions of the
Governor for the return of fugitives from justice,"
Morgan. 1861. A. J. 84:30-31
857 Financial officers
a Defalcation of public money : investigation.
Dix. 1874. A. J. 97:22-23
858 State auditor. Comptroller
a Comptroller allowed a room in building with other state officers.
Clinton, G: 1802. A. J. 25:42
859-<il N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-190I
859 State treasurer
a "The State Treasurer should be required by law to reside in Albany
and to attend personally to his responsible duties."
Dix. 1874. A. J. 97:22-23
861 Funds. Investments •
a The receipts from sale of waste lands being in excess of current
expense, the Legislature is requested to invest them to the best
advantage. Clinton, G : 1 79 2 . A. J. z 4 :6
b Recommended that measures be taken to make state funds more
productive and thus avoid taxation. Clinton, G: 1803. A. J. 26:7
c "I would suggest whether a portion of our fimds might not be
usefully employed in loans, for purpose of alleviating pressure on
community." Clinton, D. 1820. A. J. 43:10
d Report on general literature, common school and canal funds.
Van Buren. 1829. A. J. 52:8-9 Throop. 1830. A. J. 53:19-25
e Report on state ftmds.
Throop. 183 1. A. J. 54:11-13 Seward. 1839. A. J. 62:9-12
1832. A. J. 55:11-14 1840. A. J. 63:12-13
Marcy. 1833. A. J. 56:15-19 1841. A. J, 64:13
1834. A. J. 57:31-33 1842. A. J. 65:17
1835. A. J. 58:14-16 Bouck. 1843. A. J. 66:26
1836. A. J. 59:14-15 1844. A. J. 67:17-18
1837. A. J. 60:13-19 Wright. 1845. A. J. 68:11-18
1838. A. J. 61:22-23
f Recommended that business distress caused by fire in New York
be relieved by loaning $^,000,000 of canal money to the safety fund
banks and that if necessary "the abilities of these banks might be
still further enlarged as to amount and time."
Marcy. 1836. A. J. 59:67-^9
g Recommended that the $5,000,000 United States deposit fund be
distributed among the counties to be loaned to citizens and the
income to be devoted to education. Marcy. 1837. A. J. 60:18-20
h Recommended that Legislature protest against repa3ring United
States deposit fund and require Congress to relinquish claim to it.
Seward. 1 841. A. J. 64:20
i Recommended that loans made to coimties from United States
deposit fund be not recalled at present time of distress.
Bouck. 1843. A. J. 66:580-81
PINANCB 86s
865 Debts. Bonds
Se€ also 2597, Local finance
a Statement of state debt.
Seward. 1841. A. J. 64:18-19 Fenton. 7867. A. J. 90:17
Bouck. 1843. A. J. 66:24-26 Hoffman. 1870. A. J. 93:11-12
Wright. Z845. A. J. 68:14-25 2871. A. J. 94:14
1319-41 1872. A. J. 95:12
1846. A. J. 69:24-30 Dix. 1873. A. J. 96:12
Toung. 1848. A. J. 71 :4i 1874. A. J. 97:12
Tish. 1849. A. J. 72:11-12 Tilden. 1875. A. J. 98:14
1850. A. J. 73-23 1876. A. J. 99:13-14
Hunt. 1852. A. J. 75:13 Robinson. 1877. A. J. 100:13-14
Clark. 1855. A. J. 78:10-11 1878. A. J. 101:13-14
Morgan. 1859. A. J. 82:10 1879. A. J. 102:16-17
i860. A. J. 83:15 ComelL 1880. A. J. 103:13-14
1862. A. J. 85:14-15 1881. A. J. 104:14-15
Seymour. 1863. A. J. 86:91 1882. A. J. 105:68-69
Fenton. 1865. A. J. 88:12-13 Hill. 1886. A. J. 106:12-13
1866. A. J. 89:15 Flower. 1892. A. J. 115:16-17
b Attention drawn to stuns due creditors for war loans; estimate
submitted as to amounts and means for discharging without burden-
some taxes. Clinton, G: 1786. A. J. 9:6
1787. A. J. 10:7
1788. A. J. 11:7
c "To sustain credit of state, it is necessary that seasonable provision
be made for punctual payment of state debts."
Jay. 1799- A. J. 22 pt 2:133
d Message recommending a state loan. Marcy. 1834. A. 326
• Recommended that the business distress caused by removal of
United States deposits be remedied by issue of state stock and by
loaning this stock to New York city banks.
Marcy. 1834. A. J. 57:S3i-37
Good effects of this loan law, though an actual loan has not been
necessary. Marcy. 1835. A. J. 58:10-12
f Message recommending the issue of state stocks. Marcy. 1 83 8 . S. 7 o
g Recommended that the Commissioner of Canal Fund be authorized
to issue stock with which to loan credit of the state to banks in case of
a crisis. Marcy. 1838. A. 341
h Serious depreciation of American state and national stocks, caused
by imprudent undertakings and lack of effort to maintain public
credit. United States government should pay for public works out
of commercial and land revenues. Recommended that the whole
state debt be never raised so that its interest can not be paid from
current canal profits and that revenue from national domain be made
sinking fund for principal of the debt.
Seward. 1842. A. J. 65:29-32, 1005-10
i "The Constitution should be amended to take from the Legislature
the power of loaning state credit to corporations."
Bouck. 1844. A. J. 67:13
865-72 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777-I9OI
j In the financial crisis of 1842 loans could not be made without some
measure to revive public credit. Hence public works were halted, a
state tax was raised and pledged, with surplus income of canals, to
the public creditors. Bouck. 1844. A. J. 67 :x5
k Provision for special tax for payment of debt.
Seymour. 1853. A. J. 76:33-3$
m Limit to z8 years should be extended. Clark. 1856. A. J. 79:98-99
n "Law which prohibits the creation of any debt not authorized by
the Constitution and the laws might be extended so as to affix a pen-
alty to any such indebtedness in future."
Morgan, i860. A. J. 83:ix-za
p "I recommend that you immediately authorize the financial officers
of the state to provide for making payment [of interest due]."
Seymour. 1863. A. J. 86:706-8
q "The sinking fimds which there is no reason to suppose will be dim-
inished, will at their present rate of application extinguish the whole
debt within 9 years." Hoffman. 1869. A. J. 92:14-15
r "Any diversion of the sinking fimds pledged for pajrment of the
interest and the redemption of the principal of the state debts is a clear
violation of a constitutional requirement and an act of bad faith to
the public creditors." Dix. 1874. A. J. 97:20—21
8 "There remains to be paid [of general fund debt] $800,000 which
will be paid July i." Robinson. 1878. A. J. 101:15
t "The state is practically out of debt." Hill. 1890. A. J. 113 :46-47
u "The state is entirely free from debt." Flower. 1894. A. J. 117:17
866 Limitation of indebtedness
a "A limit should be fixed, beyond which the public debt should
never be increased, unless necessary for suppressing insurrection,
repelling invasion or carr3ring on war. And some further constitutional
checks should be adopted against creation of a debt or expending of
public money for any purpose except ordinary operations of govern-
ment." Bouck. 1844. A. J. 67:13
b Constitutional amendment proposed, requiring loans on state credit
beyond aggregate of $1,000,000 or tmless for repelling invasion or
suppressing insurrection, to be submitted to the people, requiring such
loan to be for a single, specified purpose and providing a tax to pay
interest as due, and principal within 18 years.
Wright 1845. A. J. 68:21-24
c Constitutional restrictions, Tilden. 1875. A. J. 99:14-15
870 Public order
See also 234, Crimes and offenses; 133a. Railroads
872 Police
a "Numerous crimes and difficulties in executing justice suggest need
of improving the police." Seward. 1842. A. J. 65:14
PUBLIC ORDER 9^2^$
b "There is no express statute in our state which regulates or pro-
hibits the employment of private detectives during labor strikes.
The desirability of modifying the statute is suggested."
Hill. 1891. A. J. zi4:a2~a4
^ Municipal police
a New York city police force: faults in dty charter.
King. 1857. A. J. 80: 28-29 Morgan. 1859. A. J. 82:25
b Changes suggested: (i) increase of salary of general superintendent;
(2) provision for special officers on election days; (3) reduction of
conmissioners from 7 to 3. Morgan, i860. A. J. 83:30
c Efficiency. Morgan, i860. A. J. 83 129-30
d Organization and duties. Morgan. 1 861. A. J. 84:26-27
e Increase of duties suggested. Morgan. 1862. A. J. 85:20
i "I recommend a measure that will place in proper hands the power
to reorganize and regenerate the police department of New York city."
Morton. 1895. A. J. 118:1586-88
877 Miscellaneous poUce regulations
ft Street processions and parades, New York city : use of music.
Robinson. 1879. •^- J- 10^ -993^4
879 Amusements
S83 Gambling. Lotteries. Betting
5<» also 1507, Speciilation
ft Extensive and evil habit of betting on elections, with suggestions
of means for preventing. Wright. 184S. A. J. 68:37-39
885 Lotteries
ft Deficiency in state revenue may be made up by lottery.
Lewis. 1806. A. J. 29:9
b A much greater public revenue may be raised annually by lotteries
already authorized by law. Clinton, D. 1818. A. J. 41 :xz
c Recommended that lottery law be amended to keep out tickets
of other states and produce greatest possible revenue without injuring
community. Clinton, D. 1818. S. J. 41:108 .
d As profits of certain lotteries are to benefit education, the Governor
regrets the impaired credit of these institutions and hopes public
confidence will be restored. He suggests that they be protected
against contractors. Clinton, D. 18 19. A. J. 42:13
e "One of the most pernicious ways of raising revenue is by establish-
ment of lotteries. . . It is hoped that after existing grants arc
satisfied this expedient will be entirely abandoned."
Clinton, D. 1820. A. J. 44:14
f Request from District ef Columbia that sale of lottery tickets for
benefit of improvements in city of Washington be permitted in New
York State. Clinton, D. 1822. A. J. 45:14
885-900 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-190I
g Question of constitutionality of law authorizing lotteries has been
raised. Action on law is recommended. Marcy. 1833. A. J. 56:12
h "In defiance of the law, traffic in these tickets is extensively carried
on. , . The duty. . .to your constituents. . .requires you to provide for
putting an end to this traffic." Marcy. 1835. A. J. 58:28
1 "The constant violation of the law to suppress the sale of lottery
tickets requires me to remind the Legislature that it is a duty ... to
suppress this traffic." Marcy. 2836. A. J. 59:28
J " It is the duty of Legislature to frame such laws as will be effective
in preventing lotteries." Cornell. 1881. A. J. 104:24
k "Penalties for the violation of present enactments should be made
more severe and the duty of various officers of the law made more
specific and imperative." Cornell. i88a. A. J. 105:88
887 Pool selling. Bookmaking
a "The Legislature should without delay expunge from the statute
books the obnoxious law which allows race track gambling."
Morton. 1895. A. J. 1x8:21
889 Prize fighting. Boxing
a "I recommend the repeal of the so called Horton boxing law."
L Roosevelt. 1900. A. J. 123:34-35
900 Intoxicating liquors. Narcotics
a "Multitude of tippling houses indiscreetly licensed" is one cause of
• increase of petty larceny. Jay. 1799. A. J. 2 a pt 2:25
b Excise law. Seymour. 1854. A. J. 77^33
c "A change is necessary in the laws relative to excise so as to en-
sure their enforcement especially in regard to licenses."
Seymour. 1863. A. J. 86:90
d "I recommend the repeal of the excise law in force throughout the
metropolitan district so that we may have but one law for the whole
state." Hoffman. 1869. A. J. 92:29-30
e "What is needed is to substitute for all existing laws on the subject
a carefully prepared statute clear and explicit in all its provisions
and complete in itself to be uniformly, steadily and constantly en-
forced." Robinson. 1878. A. J. 101:26-27
Hill. 1891. A. J. 114:14-15
f "I suggest that you substitute a clear, S3mimetric and complete statute
for the present laws on the subject." Robinson. 1879. A. J. 102:34
g "The laws are constantly violated and inadequate attention is
given to their enforcement. What is needed is a carefully matured
act that can be plainly understood and faithfully executed."
Cornell. 1880. A. J. 103:22
h "Interests of good government demand a thorough revision of the
excise laws." Cornell. i88z. A. J. 104:24
i "Highest interests of the public demand judicious and effective
amendments to the present laws." Cornell. 1882. A. J. 105:87-88
PUBLIC ORDER 900-27
j "I recommend the passage of a bill which will provide for a com-
mission to report to the Legislature of 1889 a revised excise law."
Hill. 1888. A. J. 111:569-72
k Suggestions for framing a satisfactory excise law.
Hill. 1889. A. J. 112:23-28
m "I recommend that Legislature endeavor to formulate a law which
shall, as far as practicable, embody the best features of the liquor laws
now in successftd operation in the various states with a consistent
aim toward reduction of the ntmiber of saloons in the state."
Morton* 1896. A. J. 119:28-29
n Successful results of present law. Black. 1898. A. J. 121:19
p Amendments to excise law recommended: (i) relating to prose-
cutions for violation; (2) regulations of Raines law hotels.
Odell. 1901. A. J. 124:31-32
90a Prohibition
a "Legislative prohibition of the traffic in intoxicating drinks is.. .
demanded as a measure of protection." Clark. 1855. A. J. 78:22-23
b "Constitutional prohibition is not the best means of preventing
or mitigating the evils of intemperance." Hill, 1890. A. J. 113:39-41
c "Wisest course is the enactment of a law containing the necessary
provisions for the due submission of the amendment at the next
annual election." Hill. 1891. A. J. 114:15-16
907 Liquor licenses
908 Excise boards
a Bxdse laws. " I recommend the abolition of the coimty boards of
excise as now organized through the state and the substitution of
local boards to be composed of the supervisors and justices of the
peace of the several towns." Hoffman. 1870. A. J. 93:24
gai Intoxication. Inebriates
92a f^ Institutions. Treatment
a Binghamton Inebriate Asylum: maintenance.
Morgan, i860. A. J. 83:28-29
b Inebriate asylum: progress of construction.
Morgan, z 861. A. J. 84:29
c Inebriate asylum: change to state management.
Fenton. 1868. A. J. 91:29
d Inebriate asylum. "A complete failure. I recommend no fur-
ther appropriations be made for its support for its original purpose."
Robinson. 1879. ^' J- 102:23
927 Hob violence
a Resistance to law. Seymour. 1854. A. J. 77:22-23
b Riots of July 1877. Robinson. 1878. A. J. xoi :2o-2x
9a^38 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777-I90I
928 Prostitution
a "Our laws should be amended so as to provide for the punishment
of men who profit by the commission of immoral acts by women."
Roosevelt. 1900. A. J. 123:35—36
939 Sunday observance
a Indifference to act regarding Sunday observance.
Jay. 1798. A. J. az :6
b Notice of a petition for law directing canal locks to be closed on
Stmday. Bouck. 1844. A. J. 67:29
930 , Public health and safety
93a General supervision
a Reform of New York city: sanitary laws. Fenton. z866. A. J. 89 :ao
b **In order to carry out the measures necessary for the preservation
of public health in New York city it is indispensable that the authority
of the board of health should be extended over the waters of the har-
bor and bay within the quarantine limits." Dix. 1874. A. J. 97 :i9
c *'I ask your consideration of the advisability of establishing a
State Board of Health." Robinson. 1877. A. J. 100:18
d State Board of Health: organization. ComelL 1 881. A. J. 104:23
Results accomplished. Cornell. i88a. A. J. 105. 85-86
e "I believe that the Board of Health should be abolished and its
powers vested in a single responsible official to be known as the Health
Commissioner of the State." Hill. 1886. A. J. 109:27-28
f "Legislation is needed to strengthen the power and resources of
the State Board of Health." Flower. 1893. A. J. 116:43-44
g "The duties [of the State Board of Health] are such that dne com-
petent man might easily perform them." OdelL 1901. A. J. 124:26
934 Local boards and officers
a New York city. Metropolitan sanitary district and board of
health; organization. Fenton. 1867. A. J. 90:25
b "I reconunend that the Governor be empowered to appoint the
health officer and harbor masters including the captain of the port
without the consent of the Senate and to remove them or any of them
at pleasure." Hoffman. 1872. A. J. 95:18-19
938 Vital statistics
See also 474. Family
a Recommended that Board of Agrictdture be instituted and given
authority to take vital statistics and those of agriculture, mining
and industry. Clinton, D. 1819. A. J. 42:14
PUBLIC HEALTH 93*^X
b Recommended that vital statistics be periodically returned.
Clinton, D. 1825. A. J. 48:12
MO State control of medicine
943 Medical societies
a "State^Med'cal Society. . .would be enabled by small appropriation •
to realize the high expectations entertained of it."
Clinton, D. 182^5. A. J. 48:11
943 License to practise
944 Medicine
a "College of 't Physicians and Surgeons in New York is deserving of
public consideration." Law recommended making attendance there
xeqtiisite to medical practice.
Clinton, D. 1818. A, J. 41:10 Throop. 1830. A. J. 53:18
1819. A, J. 42:1s 1831. A. J. 54:20
1820. A. J. 44:13 Marcy. 1833. A. J. 56:14
1826. A. J. 49: 9
956 Adulteration. Inspection of articles liable to affect
public health
5«r also 1466, AdulterBtions and imitations
a "Necessity^of prevising laws which direct inspection of staple com-
modities." Jay. 1796. A. J. 20:6
b Advisability of appointing separate inspector, at adequate salary,
fOr*each branch of inspection. Jay. 1800. A. J. 23 :82
c "You will relieve agrictilture and commerce of unnecessary bur-
dens. . .by reducing the number and emoluments of inspectors."
Seward. 1839. A. J. 62:18
d "I recommend that such laws as we have relating to the adultera-
tion of food and drugs shall be amended where necessary and be
brought together in one general statute." Hill. 1887. A. J. 110:26-27
• "It is within the province of the Legislature to see that vitiated
compounds and adulterations be not permitted."
Roosevelt. 1899. A. J. 122:33
1 "Special necessity of taking all possible steps to prevent the adul*
teration of foed." Roosevelt. 1900. A. 7.123:45
96X Milk and milk products
a "I recommend such an amendment to the existing laws as will
accomplish the absolute prohibition hereafter of the purchase or use
of adulterated or imitation dairy products by any state institution."
Flower. 1893. A. J. 116:528
961-1023 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777— I9OI
b "I suggest that Legislature petition Congress to provide by statute
that all food products coming from one state into another shall
immediately upon their entry into the state become subject to the
state laws." Flower. 1894. A. J. 117:31-33
964 Butter and cheese *
, 965 Butter. Imitation and adulteration, Oleomargarin
a "Oleomargarin is recognized and protected by federal statute and
its sale tmder the patented name can not be interfered with by state
regulation unless shown to be deleterious to health."
Cornell. 1882. A. J. 105:79
97a Other articles of food and drink
978 Cereals. Starches. Bread
a Bad reputation of New York flour and need of careful inspection
and improvement. Clinton, D. 1819. A. J. 42:14
Z020 Communicable diseases
5«r also 1x44, Comznunicable diseases of animals
a Prevalence of an infectious disease in Philadelphia has necessitated
quarantine between New York state and Philadelphia. The expenses
which have been advanced by New York city are recommended to
be reimbursed. Clinton, G: 1794. A. J. 17:8
b Attention called to inadequacy of quarantine law against infec-
tious diseases. Clinton, G: 1794. A. J. 17 :zo5
Expenses incurred in effort to enforce law.
Jay. 1796. A. J. 19:2s
Subject again recommended for action.
Jay. 1796. A. J. 19:82; 2o:S
C Bedloe*s island conveyed by New York city to state for lazaretto.
Appropriation needed for buildings, etc. Jay. 1796. A. J. 20:5
[d Pestilence in New York arrested by Board of Health. Importance
of cleanliness. Need of public baths, sewers and pure water supply.
Clinton, D. 1820. A. J. 43:15 Marcy. 1833. A. J. 56:9-10
1825. A. J. 48:21
e "I suggest . . . careful review and amendment of the laws of
public health with a view to secure the benefit of the combined
experience of scientific and learned men with respect to the origin,
causes, progress and treatment of all malignant and infectiotis dis-
eases." Fish. 1850. A. J. 73:21
Z023 Hospital for contagious diseases
a Bedloe's island conveyed by New York city to state for lasaretto.
Appropriation necessary for buildings, etc. Jay. 1796. A. J. ao:5
PUBLIC HBALTH
1034 Maritime quarantiiie
A Quarantine law to be amended to commit its enforcement in
Albany and Hudson to mayors and recorders, also appropriation to
be made for expense incurred thereby.
Clinton G: 1804. A. J. 27:101-2
b Report on quarantine station at Staten Island.
Throop. 1831. A. J. 54:23
c Report on quarantine establishment and marine hospital on
Staten Island and the charges on passengers for its maintenance,
which are alleged to be tmconstitutional.
Boiick. 1844. A. J. 67:25-26
Wright. 1846. A. J. 69:36-37
d Question of new site for Quarantine Hospital, in view of com-
plaints of citizens of Richmond county. It is charged that
the health officer of the port of New York is paid too much.
Fish. 1849. A. J. 72:20-21
t Location of quarantine station, New York city.
King. 1858. A. J. 81:127
f Location of quarantine station. *'In establishing, for all time
quarantine grounds for the commerce of our own country and that
of the maritime world I deem it right and proper to ask the concur-
rence and cooperation of the federal government."
Morgan. 1859. A. J. 82 :i9-2o
g "I call attention to the numerous health laws and the manner in
which they are administered at the port of New York. It would be
difficult to adopt a system more inconvenient and more expensive."
Morgan. 1859. A. J. 82:20
h Location of quarantine station, New York harbor.
Morgan, i860. A. J. 83:31
i "I recommend that the Chamber of Commerce of New York city
be empowered to establish a rate of charges for stevedores and lighter-
men employed in discharging and transporting infected cargoes."
Morgan, i860. A. J. 83:31
j "I recommend a revision of the laws with reference to the Com-
missioners of Emigration and to quarantine, not so much for the
introduction of new laws as for the purpose of explaining and recon-
ciling existing laws. " Morgan. 1 86 1 . A. J. 84:2 4-2 5
Recommendation renewed. 1862. A. J. 85:19-20
m "Legislation necessary to complete the quarantine establishment
contemplated by the act of 1863." Fenton. 1866. A. J. 89:19-20
n "I recommend legislation to secure a suitable place for the deten-
tion of passengers who have been exposed to disease but are not
actually sick." Fenton. 1866. A. J. 89:140-41
p Sanitary regulations: quarantine hospital and warehouse.
Fenton. 1868. A. J. 91:25
q Inadequacy of quarantine regulations of New Jersey.
Fenton. 1868. A. J. 91:26
zo-a4
Z024-93 N Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I90I
r Commissioners to erect a quarantine hospital on West Bank. "I
recommend such legislation as may enable them to accomplish their
work." Hoffman. 1869. A. J. 92:35
8 "Necessity for thorough administration of quarantine laws.'*
Hoffman* 1873. A. J. 95:18
t "I recommend a thorough examination of the official acts of the
health officer and the harbor masters and such amendments as may
be necessary." Hoffman. 1872. A. J. 95:19
u Quarantine: ntmiber of vessels detained. Diz. 1873. A. J. 96:15
1874. A. J. 97:18-19
T "I recommend the discontinuance of the commissioners of quaran-
tine as a salaried board, continuing them as a court of appeal from
the decisions of the health officer.*' Diz. 1873. ^' J- 96:16
▼X Health regulations. Dix. 1874. A. J. 97:18-19
Tilden. 1875. A. J. 98:46-47
w Quarantine station. *'It seems to me that this establishment
ought to be made self-supporting." Tilden. 1876. A. J. 99 :$2
z Svstem and regulations give satisfaction.
ComelL 1880. A. J. 103:21
zz Efficiency of regulations. Cornell. 1882. A. J. 105:86-87
Cleveland. 1883. A. J. 106:29
y "The health officer should be attached to the quarantine^estab-
lishment." Cleveland. 1884. A. J. 107:27-29
z "A rigid system of inspection at foreign ports tmder the directaon
of the consular service would form the best kind of national quaran-
tine. As for the rest it can safely be left to state control."
Flower. 1893. A. J. 'Ji 16:43-47
X030 Special diseases
Z034 Cholera
a Cholera: means of prevention. Fenton. x866. A. J. 89:19-20
b Quarantine provisions against cholera.
Fenton. 1866. A. J. 89:140-41
c Measures taken to prevent cholera. Fenton. 1867. A. J. 90:23-25
Z046 Yellow fever
a Yellow fever in New York. Quarantine and cleaning of dty.
Clinton, G: 1804. A. J. 27:5-6 Clinton, D. 1825. A. J. 48:21
Lewis. x8o6. A. J. 29:7
b Yellow fever: danger from infected vessels.
Hoffman. 1871. A. J. 94:17-18
,0^ Public safety
109a
Fires
X093 ^'^^ marshals. Inspection
a "Existing coroners in towns and villages should be required
to investigate and have power to do such things as are necessary
to'ascertain if possible the cause of every fire."
HilL 1889. A. J. 112:28-29
PUBLIC HEALTH ZO99-ZZ44
1099 Buildings: sanitation and safety
a "I recommend that no modification of the law prescribing the
mode in which buildings are to be constructed shall be made without
the consent of a board to be jointly constituted by the New York
Board of Fire Underwriters and the commissioners of the fire de-
partment." Dix. 1873. A. J. 96:23
b "Some attention might also be devoted to the subject of sanitary
rules in the construction of houses." Cornell. i88a. A. J. 105:85-86
c Regulations and inspection. Flower. 1894. A. J. 117:39
ZX09 Public halls
A "Legislature should enact regulations for all buildings which are
places of public resort so as to provide for the prompt suppression
of fire and rapid egress in case of alarm." Robinson. 1877. A. J. 100:26
I no Tenement houses
A "I reconmiend the appointment of a commission to present a
revised code of tenement house laws." Roosevelt. 1900. A. J. 123:29
b "I recommend the establishment of a tenement house commis-
sion to look into the whole subject of the proper construction of
tenement houses in the congested districts of our great cities of the
first class." Roosevelt. 1900. A. J. 123:3121-22
1124 Miscellaneous
1 139 Steamboats. Vessels
5m also 1800, Navigation
A Recommended that measures for public safety on water be taken.
Clinton, D. 1826. A. J. 49:16
b Inspection of steam and naphtha vessels on lakes. "There should
be a complete and comprehensive statute applicable to all interior
lakes of the state." Hill. 1891. A. J. 114:1978
1 144 Communicable diseases of animals
A **I recommend an amendment of the act for the prevention of
infectious diseases among cattle, in order to enable the commis-
sioners to act with the efficiency necessary to secure the objects of
the law." Hoffman. 1869. A. J. 92:25
b Appropriation asked. Cornell. 1880. A. J. 103:55
c Preventive measures. Cornell. 1882. A. J. 105:78-79
d "I suggest that a resolution be adopted by the Legislature request-
ing the senators and representatives in Congress from this state to
urge upon that body the need of federal legislation on this subject."
Cleveland. 1884. A. J. 107:42
XI44-Z204 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I90I
e "Legislattire should see that those public servants especially
charged with caring for the health of the state be provided with all
necessary appliances to prevent the spread of disease among cattle."
Roosevelt. 1899. A. J. 122:33
f "Work of stamping out tuberculosis and glanders among cattle
should be transferred to the Department of Agriculture."
Odell. 190 1. A. J. 124:40
Z15X Special diseases
zz6x Pleuropneumonia
A "Suitable provision should be made by the state to arrest the prog-
ress of the disease of cattle known as pleuropneumonia."
Cornell. 1881. A. J. 104:85
1x67 Tuberculosis
a Examination of cattle for tuberculosis: results.
Flower. 1894. A. J. 117:36
1200
Transportation and communication
Sw also x8oo. Navigation
A Recommended that means of communication with frontier settle-
ments be facilitated in order to establish profitable commerce.
Clinton, 6: 1791. A. J. 14:4 Lewis. 1807. A. J. 30:6
Jay. 1796. A. J. 19:7 Clinton. 1818. A. J. 41 .7
b Recommended that a board of internal improvements be appointed,
with one member from each senate district, and that it do the work of
the present Canal Board, among other duties.
Seward. 1839. A. J. 62:13
X204 Rates. Discrimination
A "I recommend as an equivalent for reestablishing the tolls on freight
that railroad companies paying such tolls be permitted to make such
equitable increase in their charges for the transportation of pas-
sengers as the Legislature may authorize."
King. 1858. A. J. 81:122-23
b "I can not doubt the wisdom or justice of reimposing for a few years
a moderate rate per ton during the season of navigation upon all
freight passing over railroads competing with canals."
Morgan, i860. A. J. 83:18, 465-70
1861. A. J. 84:15-16
c "The public have a right to demand that freight tariffs shall be
uniform for like service and without discrimination. This should be
secured by just and practical regulations."
Cornell. 1880. A. J. 103:21-23
d "Stability and uniformity in freight tariffs are necessary for the
safe conduct of business." Cornell. 1881. A. J, 104:21
e "But for the effect of unjust discrimination as between individual
patrons and communities there would be no serious cause for com-
plaint." Cornell. 1882. A. J. 105:79-80
TRANSPORTATION
13^ Railways. Car companies. Express
S«e also 500, Corporations; S45, Taxation; 2040, Labor
a "By inserting the clause saving to the Legislature the power to
modify and repeal them and by reserving to state the power to take
possession of them on equitable terms, charters for railroads may be-
come productive of the public good." Throop. 1832. A. J. 55:15
b Survey for railroad from New York to Lake Erie has been com-
pleted and charter is to be asked for. Marcy. 1835. A. J. 58:18-19
c Report on railroads.
Seward. 1840. A. J. 63:24 Clark. 1856. A. J. 79:100
1841. A. J. 64:18 Morgan. 1859. ^- J- 82:17
1842. A. J. 65:20-28, loos-io i860. A. J. 83:467
Bouck. 1843. A. J. 66:19-21 Fenton. 1865. A. J. 88:15
Seymour. 1853. A. J. 76:22-23
d Regulations suggested. , Fish. 1850. A. J. 73:37
e Railroad Commission : organization and duties.
Clark. 1856. A. J. 79:100
f "Time has come to regard with still greater favor the question of a
speedy construction of a transcontinental railway."
Morgan. 1861. A. J. 84:32
g "A railroad constructed for the exclusive purpose of freight transit
would afford accommodation both for amount and cheapness of
which the present system can scarcely give an adequate conception."
Fenton. 1866. A. J. 89:24
h Railroad Commission: organization and duties.
Cleveland. 1884. A. J. 107:30-31
1373 Dissolution. Insolvency
a "The Canajoharie and Catskill Railroad Co. and the Ithaca and
Owego Railroad Co. having failed to pay interest on the stocks
issued for them, the interest was paid at the treasury. Proceedings
of foreclosure have been instituted. Seward. 1842. A. J. 65:20
b "The Ithaca and Owego and the Catskill and Canajoharie rail-
roads have been sold at auction. The New York and Erie is insolvent
but new directors have been appointed and it is hoped they will com-
plete it. Recommended that sale be suspended and that the prior
lien of the state mortgage be yielded to such debts as may be incurred
for completing the road" Bouck. 1843. A. J. 66:20-21
c Payment of mortgage debts. "I recommend a law requiring the
courts — on petition of any bondholder or secured creditor, to put the
trustees in possession of the road without delay."
Morgan, i860. A. J. 83:35
X 279 Stocks, bonds, mortgages
m "Those who have made investments in railroad stocks or bonds
have a right to inquire whether it is not within the power of the Leg-
islature to provide some remedy for this apparent annihilation or
vast depreciation of their property." Morgan. 1859. A. J. 82:17
I280-Z300 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777-I90I
za8o Public ownership and aid
a "A governmental management of railroads would be an experiment
. . . but it is not obvious why with skill and experience equal to that em*
ployed in the canals, a system of supervision of railroads oould not be
adopted. . . The state may well claim a right to make or improve
highways. . . " Seward. 1842. A. J. 65:25-^8
Z282 Public aid. Exemptions. Subscription to stock
a First railroad in the state being bidlt between Albany and Schenec-
tady. Propriety of encouraging it and others.
Throop. 1831. A. J. 54:13-14 1832. A. J. S5:i4-iS
b Aid for the Erie railroad. Marcy. 1836. A. J. 59:19
c Recommended that railroads now building from Albany to Buffalo
and from New York to Lake Erie be examined and aided, also that
project for road from the Hudson to Lake Ontario be considered.
Seward. 1839. A. J. 62:22-23
d Discussion as to whether state shall carry on its internal improve-
ments, railroads and canals, or abandon this policy. It is urged that
the state revenues justify and interests demand the former course.
Seward. 1839. A. J. 62:11-26 Seward. 1842. A. J. 65:21-28, 1005-10
1840. A. J. 63:24-42 Bouck. 1843. A. J. 66:19-26
1841. A. J. 64:31-35
e List of the 10 railroad companies to which state has loaned its
credit, with amounts. Bouck. 1843. ^- J* 66:19
f State aid to railroads. "I can not believe it to be sound policy at
this juncture to add to the state tax a further sum for the aid of these
railroads. ' ' Fenton. 1 866. A. J. 89 : 1 7 1 9-2 1
g "It seems to me to be due to the inhabitants of our towns who are
solicited and often successfully to subscribe to the stock of these com-
panies by sanguine or exaggerated representations) that all laws
authorizing such subscriptions should be repealed."
Dix. 1874. A. J. 97:25-26
za86 Supervision and regulation
1295 Location. Right of way
a "I suggest that engineers and architects be required to deposit in the
archives their plans, maps, estimates and models of canals, railroads
and public edifices." Seward. 1842. A. J. 65:11
1300 Reports
a "I suggest an amendment of the general railroad law giving to the
State Engineer the power to prescribe the form of the returns and
such other power as may be necessary to insure and enforce a proper
exposition of the actual condition of these companies."
Robinson. 1877. A. J. 100:25-26
TRANSPORTATION 13X3-84
Z313 Public safety, comfort and order
X314 Safety regalatioos
A *' I. ..invoke the Legislature to enact laws... most proper and
efficient for preventing. . .these disasters." Hunt 1852. A. J. 75:^4
b "I reoonunend that the State Engineer and Surveyor be required
whenever complaint is made to him to examine the roadbed and
bridges of any railroad, and if they are not safe then to apply to any
judge of the Supreme Court and obtain a summary order closing the
road." Morgan, i860. A. J. 83:35
133a Fire guards. Injury by fire
a "I recommend a statute making railroad companies absolutely
liable for all damages by fire set by their locomotives irrespective of
the question of proof of express negligence on their part."
HUl. 1883. A. J. 111:16
1337 Street railways
5«r also 500, Corporations; 845. Taxation; 2040, Labor
1338 Underground and elevated roads
a "Necessity of providing some relief for New York city in the matter
of rapid transit is the pressing question of the hour."
Hill. 1889. ^' J- iia:i79x-9a
b Rapid transit in New York city. "The Legislature should take
every means to find out the best system to adopt."
Roosevelt. 1899. A. J. 132:39
1359 Location. Right of way
136a Franchises. Location of tracks. Extensions
Sem also a6a8, Pianchiaea
a ' New York city: street railway franchise. "Such action should be
taken by the Legislature as will effectually prevent such schemes
from resulting in any profit and that will restore to the city the fran-
chise that was stolen from it." Hill. z886. A. J. 109:615-16
b Rapid transit. "The franchise should not be given in perpetuity
and provision should be made to remtmerate the city if the franchise
turns out to have exceptional value."
Roosevelt. 1899. A. J. 123:3337-38
1365 Fares. Passes
a Regulation of fares on New York city elevated railroads. ^^^
Cleveland. 1883. A. J. 106:457-63
X384 Canak
a Transmission of report of Commissioners of Land Office on survey
between Mohawk river and Wood creek and between the Hudson
and Wood creek, with estimates for canals, with recommendation ii^
favor of their construction. Clinton, G: 1792. A. J. 14:6
ax Aid to amount of £10,000 given to Northern and Western Inland
Lock Navigation Companies, in view of public advantage.
Clinton, G: 1794. A. J. 17:7-8
X384 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777-I90I
b Notice and favorable mention of report of commissioners to ex*
amine practicability and probable cost of canal between Hudson and
Lake Erie. Tompkins. 181 1. A. J. 34:7
bz Recommended that state aid be given for building canal between
the Hudson and the western lakes and Champlain.
Tompkins. 181 6. A. J. 39:1a
c Report of progress on western and northern canals and of pros-
pective canal between Seneca lake and Tioga river.
Clinton, D. 1818. A.' J. 41 :9 Clinton, D. 1822. A. J. 45:10-13
1819. A. J. 42:11-13 Yates. 1823. A. J. 46:13
1820. A. J. 43:11-13; 44:11-12 1824. A. J. 47:11-12
d Report on canals.
Clinton, D. 1825. A. J. 48:12-18 Seward. 1839. A. J. 62:11-26
1826. A. J. 49: 9-12 1840. A, J. 63:24-42
1827. A. J. 50:12-15 1841. A. J. 64:16-34
1828. A. J. 51 : 8-10 1842. A. J. 65 :2o-28, 1005-10
VanBuren. 1829. A.J. 52: 8-10 Bouck. 1844. A. J. 67:14-17
Throop. 1830. A. J. 53:22-25 Wright. 184S. A. J. 68:14-25,
1831. A. J. 54:13-18 1319-41
1832. A. J. 55:11-15 1846. A. J. 69:24-30
Marcy. 1833. A. J. 56:15-21 Young. 1847. A. J. 70:14-18
1834. A. J. 57:20-25 1848. A. J. 71:14-16
' 1835. A. J. 58:14-19 Fish. 1849. A. J. 72:12-14, 20
1836. A. J. 59:15-21
1837. A. J, 60:16-18
1838. A. J. 61:20-24
e Discussion as to whether state shall carry on its internal improve-
ments, specially canals, or abandon this policy. It is urged that the
state revenues justify and interests demand the former course.
Seward. 1839. A. J. 62:11-26 Seward. 1841". A. J. 64:31-35
1840. A. J, 63:24-42 1842. A. J. 65:21-28, 1005-10
Bouck. 1843. A. J. 66:19-26
ei Recommended that the present Canal Commissioners and Canal
Board be replaced by a board of internal improvements, which shall
have charge of all public works. Seward. 1839. A. J. 62:13
62 Announcement that a committee of the Pennsylvania Senate has
come to discuss connection between North Branch of the Pennsyl-
vania canal and the Chenango and Chemung canals, in New York,
Recommended that they be fittingly received.
Seward. 1839. A. J. 62:922
63 "By a reduction of canal tolls upon salt manufactured from the
springs the market might be extended ... I suggest negotiation with
Ohio for reduction of tolls on our salt ... to be reciprocated by reduc-
tion of our tolls upon coal and other minerals."
Seward. 1841. A. J. 64:21
64 "I suggest that engineers and architects should now be required to
deposit in archives their plans, maps, estimates and models of canals,
railroads and public edifices." Seward. 1842. A. J. 65:11
f Governor approves of the stopping of work on canals and railroads
TRANSPORTATION
but advises that where new structures are so nearly finished that com-
pletion would cost less than repair of old structures, it shall be made,
« and regarded as repairs. Bouck. 1844. A. J. 67:14-16
Wright. 184S. A. J. 68:1319-41
g In view of the enormous debt, it is not considered wise to build
more canals. Wright. 184S. A. J. 68:12-21
h "I can not doubt that the Legislature. . .will provide. . .for general
resumption of the public works." Young. 1847. A. J. 70:14-18
1848. A. J. 71:15-17
i "I recommend the immediate passage of an act authorizing appoint-
ment of counsel. . .to appear for the state in support of the [canal]
law." Hunt 1852. A. J. 75:934-38
j ** I recommend as an equivalent, for reestablishing tolls on freight
that railroad companies pa}Hing such tolls be allowed to make such
equitable increase in passenger rates as the Legislature may author-
ize." King. 1858. A. J. 81:122-23
k Objections to payment of interest on canal commissioner's drafts:
(i) furnishes no safeguards against abuse; (2) sanctions a new form of
state indebtedness. Morgan. 1859. A. J. 82:1416-18
kz '* I can not doubt the wisdom or justice of reimposing for a few
years a moderate rate per ton during the season of navigation upon
all freight passing over railroads competing with canals."
Morgan, i860. A. J. 83:18, 465-70 1861. A. J. 84:15-16
m General recommendations. Seymour. 1864. A. J. 87:15-16
n "I desire to enter my earnest protest against the proposition that
it is the duty of the general government to interest itself in our canals
and ultimately to acquire control of them."
Hoffman. 1869. A. J. 92:19
ni " Contract system for repairs of canals has proved anything but
economical to the state or beneficial to navigation and its repeal is
strongly recommended." Hoffman. 1869. A. J. 92:19
n2 Canadian usage. "I recommend passage of any laws necessary to
carry out the provision of the United States treaty with Great Britain;
i. e. to allow subjects of Great Britain to enjoy the use of the St Clair
flats canal on terms of equality with the citizens of the United States."
Hoffman. 1872. A. J. 95:20
p Importance to the state. Dix. 1874. A. J. 97:23-24
q "I recommend that such measures be taken as your wisdom aided
by such information as can be had from the proper administrative
officers may devise to put in good condition and to improve the water-
way of the Erie canal." Tilden. 1875. A J. 98:27-28
qi Advantage to New York city. Tilden. 1875. A. J. 98:31
q2 Use as feeders. "Consideration of what must be done to retain as
feeders portions of these canals not hereafter to be maintained for
navigation is important " Tilden. 1875. A. J. 98:32
q3 Management. "I recommend a law conferring on the Canal Board
full power of investigation and redress of all wrongs in respect to canal
work." Tilden. 1876. A. J. 99:600-3
1384-84(5 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777-I9OI
q4 Management. " I recommend an ample appropriation in aid of the
defenses of the state against fraudulent canal contracts and canal
frauds." Tilden. 1876. A. J. 992600— 3
r "Constitution amended to provide for the appointment by Gov-
ernor and Senate of a Superintendent of Public Works, with powers
of the canal commissioners." Robinson. 1877. A. J. 100:17; A. 88
rz Lateral canals. "Those canals are rapidly disposing of themselves
and have already become of little value." Robinson. 1877. A. J. 100:15
r2 Lateral canals. "No further expenditures shotild be made on
them" [OswegOp Black river, Champlain]. Robinson. 1878. A. J. xoi :z7
r3 Business prosperity. Robinson. 1878. A. J. 101:15-16
8 Usefulness to state. Flower. 1894. A. J. 117:21-24
81 Plans for increasing tonnage. Flower. 1894. A. J. 117:21-34
t "The canal problem is too serious to be decided by the Legislature.
If a further sum is to be expended for the continuance of the work it
also should first receive the people's sanction."
Black. 1898. A. J. 12 z :i9
u Report of investigating committee. Roosevelt 1899. A. J. 122:17
ui "I call attention to the importance of making provision to enable
counsel to find out whether or not indictments should be found
against any persons connected with the canals."
Roosevelt. 1899. A. J. 122:2551-52
▼ Enlargement and improvement.
Fish. 1850. A. J. 73*24 Fenton. 1866. A. J. 89:23
Hunt 185 1. A. J. 74:1198 Tilden. 1875. A. J. 98:24-25
Seymour. 1853. A. J- 76:885-90, 1875. A. J. 98:31
1060 1876. A. J. 99:600— 3
1854. A. J. 77:25-30 Cornell. 1881. A. J. 104:16
Clark. 1856. A. J. 79:99 Morton. 1895. A. J. 118:25-26
King. 1857. A. J. 80:14 1896. A. J. 119:25-26
Morgan. 1859. A. J .82:13 Odell. 1901. A. J. 124:1855-61
1862. A. J. 85:13
w Railroad competition.
Morgan. 1861. A. J. 84:15 Dix. 1873. A. J. 96:17-18
1862. A. J. 85:13-14 CornelL 1882. A. J. 105:70
Fenton. 1867. A. J. 90:33-36
z Tonnage
Morgan, i860. A. J. 83:13-14 Flower. 1894. A. J. 117:20-21
Seymour. 1863. A. J. 86:92
1384(5 Canal finances
a Canal damage claims.
Morgan. 1861. A. J. 84:23 Cornell. 1882. A. J. 105:71-72
Cornell. 1881. A. J. 104:20-21, Cleveland. 1883. A. J. 106:15
1734
TRANSPORTATION
1384(5-138
Canal debt.
Fish. 1850. A: J. 73:24
Hunt. 1851. A. J. 74:16-17
Seymour. 1853. A. J. 76:1058
Clark. 1856. A. J. 79:99
King. 1857. A. J. 80:11-13
1858. A. J. 81:124
Morgan. 1859. A. J. 82:12-13
i860. A. J. 83:11
Canal fund.
Morgan. 1861. A. J. 84:13-14
1862. A. J. 85:12-13
Canal management.
Seymour. 1853. A. J. 76:23-24
1854. A. J. 77:30-33
Hoffman. 1870. A. J. 93:14-15
Tllden. 1875. A. J. 98:24, 29
1875. S. 64
1876. A. J. 99:20-27
Morgan. 1861. A. J. 84:12
1862. A. J. 85:11
Fenton. 1865. A. J. 88:13
1866. A. J. 89:22
1868. A. J. 91:17
Hoffman. 1869. A. J. 92:16-17
Robinson. 1878. A. J. loi :i 5
Hoffman. 1870. A. J. 93:13
Robinson. 1878. A. J. ioi:i6-i7»
121 9-2 2
1879. A. J. 102:15-16
Cornell. 1880. A. J. 103:15
Roosevelt. 1900. A. J. 123:14-17,
229-34
Canal revenues, tolls and expenditures.
Fish. 1850. A. J. 73:23
Hunt 1851. A. J. 74:12,
1199-1201
1852. A. J. 75:15.17
Clark. 1855. A. J. 78:11. 684-87
1856. A. J. 79:98
King. 1857. A. J. 80:11-12
1858. A. J. 81:123-24
Morgan. 1859. A. J. 82:10-11
i860. A. J. 83:12-13,
15. 465-70
1861. A. J. 84:13-15
1862. A. J. 85:11-12
Seymour. 1863. A. J. 86:90
1864. A. J. 87:14-15
Fenton. 1866. A. J. 89:21-22
1867. A. J. 90:32-33
1868. A. J. 91:16-17
Hoffman. 1869. A. J. 92:15-18
1870. A. 1.93:13. 15
1871. A. J. 94:19
Dix. 1873 A. J. 96:17
Tilden. 1875. A. J. 98:28-30
1875. S. 64
1876. A. J. 99:23-25
Robinson. 1877. A. J. 100:14-15
1879. A. J. 102:18-19
ComelL 1880. A. J. 103:14-15
1881. A. J. 104:16
1882. A. J. 105:70
Cleveland. 1883. A. J. 106:13-14
1385
Fenton. 1865. A. J. 88:13
Free tolls. " The adoption of the amendment to the Constitution
abolishing tolls on the canals renders it necessary for the present
Legislature to provide by tax for their maintenance and repair."
Cleveland. 1883. A. J. 106:14
Free tolls: increase of commerce. Cleveland. 1884. A.J. 107:14-15
Motive power
"I recommend that you make a suitable appropriation of money to
enable the Canal Board to test the merits of several projected methods
of the application of steam power to propelling canal boats."
Hoffman. 187 1. A. J. 94:20
Z385-1422 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I90I
b Advantages of steam power. Dix. 1873. A. J. 96:18
c "Improvement of water way will facilitate the use of steam canal
boats." Tilden. 1875. A. J. 98:28
d Electricity. "I recommend that proper provision be made by law
to encourage and facilitate experiments in this direction tmder the
supervision of the Superintendent of Public Works."
Flower. 1893. A. J. 116:20-21
e Electric motive power: advantages. Flower. 1894. A. J. 117:21-24
f Electric motive power: result of experiments.
Morton. 1896. A. J. 119:25
1393 Bridges. Tunnels
See also 3700, Roads
a "Necessity of rendering laws on roads and bridges more effectual."
Jay. 1796. A. J. 20:6
14XX Telegraph and telephone
See also 500. Corporations; 845, Taxation; 3040, Labor
a Pacific telegraph line completed. Morgan. 1862. A. J. 85:24
X422
Commerce and industry (general)
a "Instead of our embargo law. . .some new provision ought to be
substituted for permitting a communication of necessaries between us
and our sister states." Clinton, G: 1778. A. J. 1:112
b Recommended that the embargo be raised to allow grain to be sent
to Rhode Island to relieve scarcity. Clinton, G: 1779. A. J. 2:50
c Recommended that licenses be granted to export flour in exchange
for salt. Clinton, G: 1779. A. J. 3:48
d Recommended that laws be enacted for limitation of prices.
Clinton, G: 1780. A. J. 3:88
e Dissent to request of Legislature that grain and flour be impressed
to prevent exportation. Clinton, G:i78i.A.J. 4pt2:38
f Commerce is to be promoted by giving more power to Congress to
regulate, if necessary, by enforcing fulfilment of contracts and pay-
ment of debts and by inspection of exports.
Clinton, G: 1784. A. J. 7:6
g Embargo placed on exports. Tompkins. 1808. A. J. 31:6; 32:7
h Commercial relations with Canada. Yates. 1824. A. J. 47:10
i Statistics of agricultural, commercial and manufacturing interests.
Bouck. 1843. A. J. 66:38
j "Spirit of age. . .interests of commerce demand. . .reciprocal trade
with adjoining British provinces." Seymour. 1853. A. J. 76:20-21
k "I recommend that a commission be created to examine into the
commerce of New York, the cause of its decline, the means of its
revival and to report conclusions." Black. 1898. A. J. 121 :2o-2 2
m "I recommend that the Commerce Commission be allowed ample
additional time to close its work and that it be given all needful aid."
Roosevelt. 1899. A. J. 122:16-17
COMMERCE AND INDUSTRY
n Suggestions relating to report of the Commerce Commission.
Roosevelt. 1900. A. J. 123:226-28
1435 Weights and measures
a Department of Weights and Measures: duties.
Morgan. 1862. A. J. 85:19
14^ Sealers. Public scales. Standards
a Recommending preliminary experiments in regard to standards for
weights and measures. Clinton, D. 1828. A. J. 51:23
b "The office of Superintendent of Weights and Measures appears to
be a sinecure and I recommend legislation looking to its abolishment. "
Odell. 1901. A. J. 124:27
X464 Adulterations and imitations. Branding. Inspec-
tion
5«» also 956, Adulterations liable to afifect pubjic health
1466 Adulteration. Inspection
a "Necessity of revising laws which direct inspection of stajple com-
modities." Jay. 1776. A. J. 20:6
b Advisability of appointing separate inspector, at adequate salary,
for each branch of inspection. Jay. 1800. A. J. 23:82
c Recommended that adequate sum be allowed inspector of ashes for
new barrel to replace defective one, that New York ashes may bring
as good price as others in markets. Clinton, D. 1822. A. J. 45:10
d Message relative to adulteration of potash. Throop. 1832. A. 3, 260
e ** You will relieve commerce and agriculture of unnecessary burdens
by reducing the number and emoluments of inspectors."
Seward. 1839. A. J. 62:18 Bouck. 1843. A. J. 66:32
I4Q3 Pelroleam products
a Oil inspection: regulations and preca\itions necessary.
Cornell. 1881. A. J. 104:2117-19
b Oil inspection: objection to measures proposed.
Cornell. 1882. A. J. 105:886
X505 Associations. Exchanges. Speculation
1507 speculation
a "An unregulated spirit of speculation has within the past year pre-
vailed to an tmprecedented extent. . . You should be careful to avoid
encouraging it." Marcy. 1836. A. J. 59:21-28 1838. A. J. 61 :i4
xsaa R^ulation^and licensing of trades and occupations
1538 Auctions and auctioueerB
a Questioned whether auctioneers should hold appointment under the
government or the business should be thrown open.
Lewis. 1806. A. J. 29:9
1538-1630 * N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777— 190I
b Need of amending act regulating appointment of auctioneers.
Yates. 1824. A. J. 47:8
c Objections to licensing limited number of auctioneers. Remedy
suggested. Van Buren. 1829. A. J. 52 :i4-z5
d •* Previous to 1838, such sales were required to be made by persons
appointed by the Governor and Senate. It was urged . . . that it was
a monopoly injurious to trade and it was abolished. It is worthy of
inquiry whether plan now pursued is not defective in ... securing
payment of duties." Seward. 1841. A. J. 64:20—91
Z590 Miscellaneous trade regulations
a Instalment plan of selling furniture: pbjections to proposed re-
strictions in this business. Cornell. 1882. A. J. 105:1027—28
2596 Legal holidays. Public hoUdaya
a "I suggest the propriety of a new holiday to be known as Harvest
day." Flower. 1894. A. J. 117:33
Z604 Election day
a "An effectual means of securing legal voters to exercise the ri^^ht of
voting would be to make the day of all general elections a legal holiday. "
Morgan, i860. A. J. 83:37
z6i2 Labor day
a *'I recommend that the first Monday in September in each year or
some other day that may be deemed appropriate may be made by
statute a legal holiday to be known as "Labor day."
HilL 1887. A. J. 1 10:24-35
z6a6 Thanksgiving day
a Recommended that last Thursday in July be observed as day of
humiliation, fasting and prayer. Tompkins. 181 a. A. J. 35:476
b Recommended that day of thanksgiving and prayer be observed.
Tompkins. 1815. A. J. 38:278
1630 Encouragement of industries
a Importance of encouraging commerce and manufactures, specially
of articles of export and iron and gunpowder for home use.
Clinton, G: 1786. A. J. 9:6 Tompkins. 1808. A. J. 31:8
1788. A. J. 11:7; 12:5 1810. A. J. 33:11
jay. 1796. A. J. 19:5 1812. A. J. 35:10
b Importance of encouraging manufactures, specially of clothing.
Tompkins. i8i4. A. J. 39:12; 40:8 Clinton, D. 1822. A. J. 45:8
Clinton, D. i8i8. A. J. 41 :8 Yates. 1824. A. J. 47 :ii
1820. A. J. 43:10
c Good results of premiums distributed through county agricultural
societies from state fund. Clinton, D. 1820. A. J. 43:10
COMMERCE AND INDUSTRY 1630-62
"Wise to continue this system tinder such modifications as are
deemed advisable." Clinton, D. 1825. A. J. 48:11-12
1826. A. J. 49:13
"I doubt the policy of granting rewards."
Throop. 1832. A. J. 55:21
d Recommended that inventors of improvements in agriculture,
mechanics and manufactures be rewarded, as patents are of little
protection. Clinton, D. 1825. A. J. 48:12 1826. A. J. 49:13
e Good results from appropriation of $8000 a year to encourage
agriculture. Recommendation that it be continued.
Wright 1845. A. J. 68:41-42
1633 Bonus. Exemptions. Bounty
500 also xaSa, RailroadB
a Recommended that production of maple sugar be encouraged.
Clinton, 6: 1 791. A. J. 14:4
b Recommended that culture of hemp, flax and tobacco be encouraged
by bounty. Clinton, D. 1828. A. J. 51 :ii
Van Buren. 1829. A. J. 52:17
c Amount of various bounties paid. Bouck. 1844. A. J. 67:21
z6S3 Silk culture
a "Citizens in 15 cotmties have responded to desire of Legislature to
introduce culture of silk and $964 has been paid as bounty."
Seward. 1842. A. J. 65:16
Z662 Expositions
500 also 1835, Fairs
a Industrial Exhibition: plan. Seymour. X853. A. J. 76:21
b Centennial Exhibition: organization of state commission recom-
mended. Dix. 1874. A. J. 97:36
bi Centennial Exposition. "I recommend a moderate appropriation
of money." • Tilden. 1875. A. J. 98:16
c Centennial Exhibition : State Centennial Board.
Tilden. 1876. A. J. 99:37
d International Exposition at New York 1883: advisability.
Cornell. 1882. A. J. 105:89
e New Orleans Exposition: urges representation.
mil. 1885. A. J. 108:30
I World's Fair in 1892. "I need not impress upon Legislature the
necessity of encouraging by every proper means the holding of the
exhibition in the city of New York." HilL 1890. A. J. 113 :45-46
* g Urges passage of bill authorizing holding World's Fair in New York
city. Hill. 1890. A. J. 113:194-96
h World's Fair 1892. "I recommend such legislation as may be
deemed necessary to facilitate a proper exhibition of the state's
resources." Hill. 1891. A. J. 114:25-26
i World's Fair 1892. "Provision for state representation should be
liberal but not extravagant." Flower. 1892. A. J. 115:25
j World's Fair. Additional appropriation recommended.
Flower. 1893. A. J. 116:22
X662-75 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-19OI
k California Midwinter International Exposition: naming of New
York day. Flower. 1894. A. J. 117:30
m Antwerp International Exposition: question of representation re-
ferred to Legislature. Flower. 1894. A. J. 117:30
n Cotton States Exposition at Atlanta Ga., 1895: recommends rep-
resentation. Morton. 1895. A. J. 118:2498-99
Disposition of New Yqrk State building. Morton. 1 896. A. J. 1 1 9 :33
p Mexican Exposition : recommends representation of New York
Morton. 1896. A. J. 119:3a
r Pan American Exposition: suggestions.
Roosevelt. 1900. A. J. 123:47
1675 Immigration
a Public lands to be sold to hasten settlement of state by immig^ration.
Clinton, G: 1784. A. J. 7:6
b Recommended that action be taken to prevent landing of convicts
sent from foreign cotmtry. Marcy. 1833. A. J. 56:1a
c Recommended that immigration be encouraged by granting citi-
zenship, freedom of worship and schools.
Seward. 1839. A. J. 62:21-22
d Commissioners of Immigration and their work.
Fish. 1849. A. J. 72:21-22
e Protection of emigrants. Fish. 1850. A. J. 73:31
f Relief of sick emigrants. Seymour. 1853. A. J. 76:14
g Commissioners of Emigration: duties. Clark. 1856. A.J. 79:108-10
King. 1857. A. J. 80:25-26
i Recommends appropriation for needs of Commissioners of Emi-
gration. Clark. 1856. A. J. 79:909-10
j Accommodations for emigrants. Morgan, i860. A. J. 83:31
k '*! recommend a revision of the laws with reference to quarantine
and the Commissioners of Emigration not so much for the intro-
duction of new provisions as for the purpose of explaining and recon-
ciling existing laws." Morgan. 1 861. A. J. 84:25
m Encouragement of immigration. Fenton. 1868. A. J. 91 :24-25
n Castle Garden. Bureau of Labor. Hoffman. 1869. A. J. 92:25-26
p Decrease of immigration commutation fee. Diz. 1873. ^- J* 96:16
1874. A. J. 97:19-20
q Summary of statistics for 15 years. Tilden. 1875. A. J.98:47
r Immigration commutation fees declared unconstitutional.
Tilden. 1876. A. J.- 99:909-11
Robinson. 1877. A. J. 100:18-19
s "Legislation is necessary for the protection of emigrants on their
arrival." Tilden. 1876. A. J. 99:909-11
t "It seems necessary that some provision be made by which the
public faith may be kept with the emigrants."
Robinson. 1877. A. J. 100:18-19
u "It is recommended that the Legislature take some formal action
in behalf of a bill to regulate immigration recently introduced in
Congress." Cornell. 1880. A. J. 103:20-21
BANKING 1^5-79
Immigration: statistics of number, 1872-1881.
ComelL 1882. A. J. 105:86 Fenton. 1865. A. J. 88:17
Hunt. 1852. A. J. 75:33 Hoffman. 1870. A. J. 93:20
Seymour. 1854 A. J. 77:17 Tilden. 1876. A*. J. 99:909-11
Clark. 1855. A. J. 78:18 CornelL 1880. A. J. 103:20-21
Morgan. 1859. A. J. 82:22 1881. A. J. 104:23
1862. A. J. 85:19
Commissioners of Emigration: increase of appropriation urged.
Cornell. 1882. A. J. 105:86
Reorganization of Department of Immigration.
Cleveland. 1884. A. J. 107:27
"Immigration should be checked." Black. 1898. A. J. 121:26-27
»«7» Banking
St* also 500, Corporations; 843, Taxation of banks
Evil results of too many banks and duty of checking bank mania.
Tompkins. 1812. A. J. 35:8-10
Legislature prorogued for 60 days to give time to consider dangen
of incorporating the Bank of America, in New York, in which British
capital is likely to control. Tompkins. 181 2. A. J. 35 1332-33
Evil results of improper banking operations on currency and busi-
ness. Immediate interference of Legislature needed.
Clinton, D. 1818. A. J. 41:15 Clinton, D. 1827. A. J. 50:15
1819. A. J. 42:17 Van Buren. 1829. A. J. 52:11-14, 172
New bank law, creating Board of Examining Commissioners
and a safety fund. Throop. 1830. A. J. 53:26
Dangers of unnecessary increase in number of banks; need of better
regulation of banking business.
Harcy. 1834. A. J. 57:26-30 Marcy. 1836. A. J. 59:21-26
1835. A. J. 58:24-26 1837. A. J. 60:24
Recommended that business distress caused by removal of United
States deposits be remedied by issue of state stock and by loaning
this stock to New York city baiiks. Marcy. 1834. A. J. 57:531-37
Good effects of the loan law, though an actual loan has not been
necessary. Marcy. 1835. A. J. 58:10-12
"An unregulated spirit of speculation has within the past year
prevailed to an tmprecedented extent... You should be careful to
avoid encouraging it." Marcy. 1836. A. J. 59:21-28
1838. A. J. 61:14
"Companies incorporated by other states have established offices
in New York city and have received deposits and discoxmted notes
or bills. This in my opinion is in contravention of the laws of the
state." Marcy. 1836. A. J. 59:28
Recommended that in view of business distress caused by fire in
New York $2,000,000 of canal money be loaned to safety fund banks
there, to be regarded as so much increase of capital and that if neces-
sary their abilities be still further enlarged as to amount and time.
Marcy. 1836. A. J. 59:67-69
x679-da N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-190I
j Recommended that law forbidding individuals to receive deposits
and make discounts be repealed but that they be not allowed to
issue notes. Marcy. 1837. A. J. 60:21-22 1838. A. J. 61:12-13
k "The state has repealed the restraining laws and ... authorized
the business of banking by associated individuals without legislative
charters." Seward. 1839. A. J. 62:19-20
m "The policy found most conducive to public welfare has been
to desist from chartering new banks and from legislation hostile to
those in existence ... to require not only prompt redemption of their
notes but that notes shall be kept in good credit in the state."
Seward. 184 1. A. J. 64:24
n Need of laws for the organization and management of banks.
Young. 1848. A. J. 71:18
p Objections to use of municipal stocks in banking.
Seymour. 1854. A. J. 77:23-24
q "I recommend passing a law so far reforming and restraining the
traffic in public securities as to divest it of this pernicious [gambling]
feature." Clark. 1855. A. J. 78:25-27
r Protective legislation for state banks advised.
Sesrmour. 1864. A. J..87:i3
B "An act that should throw the sanction of the law over the^transi-
tion from state to national institutions and that should render^the
change more expeditious. . .would be beneficial."
Fenton. 1865. A. J. 88:11-12
z68o Inspection. Reports. Departments
a Banks: statement of condition.
Seymour. 1853. A. J. 76:21-22 Hoffman. 1871. A. J. 94:14-15
Clark. 1855. A. J. 78:12 1872. A. J. 95:13
1856. A. J. 79:100-1 Dix. 1873. A.JJ.j96:i3
King. 1857. A. J. 80:15 1874. A. J.^97 .16-17
Morgan, i860. A. J. 83:23-24 Tilden. 1875. A. J. 98:44-45
1861. A. J. 84:22 1876. A. J. 99:37
1862. A. J. 85:18 Cornell. 1880. A. J. 103:17-18
Sesrmour. 1863. A. J. 86:90 1881. A. J. 104:18-19
Fenton. 1865. A. J. 88:11-12 i882.^A.7J.. 105:73
1866. A. J. 89:16 Cleveland. 1883. A. J.' 106:16
Hoffman. 1869. A. J. 92:21-22 1884. A. J. 107:16-17
1870. A. J. 93:17-18 Black. 1898. A. J. iai:i8
b "The solvency of the banks and the protection of depositors'would
be better assured if one or more examinations in each year were*made
compulsory." Cleveland. 18831 A. J. 106:17
c "Legislature might determine the expediency of placing all private
banks receiving deposits imder the inspection and limited authority
of the Superintendent of the Banking Department."
Hill. 1885. A. J. 108:16
x68a Banknotes
a Disordered state of currency, brought about chiefly by improper
banking operations. Immediate interference of Legislature needed.
Clinton, D. 1818. A. J. 41 :i5 Clinton, D. 1827. A. J. 50:15-16
1819. A J. 42:17 VanBuren. 1829. A.fJ. 52:11-14
BANKING
b •' Recommended tliat provision be made to prohibit issue and* cir-
culation of all bank notes under $$, with view to introduce gold and
alver." Marcy. 1835. A. J. 58:22-24
c "The act . . . proliibiting circulation of small bills has begun to
operate on currency and promises to produce beneficial results."
Marcy. 1836. A. J. 59:27
d To relieve business panic, a law allowing suspension of specie pay-
ments for a year was passed and thus banks were saved from losing
thdr charters. It is recommended that means be taken to avert if pos-
dble the recurrence of such trouble. Marcy. 1838. A. J. 61:13-20
e Message in regard to specie payments and recommending issue of
state stocks. Marcy. 1838. S. 70
I **The law prohibiting banks from issuing bills less than $5 is tmwise
• ... I therefore recommend an unconditional repeal."
Seward. 1839. ^- J- 62:18
g '*To induce an imnatural circulation of bills from other states \>y
permitting engagements for their redemption in this state will expose
us to loss. . . " Seward. 1839. A. J. 62 :2o
h Need of reform in laws regulating issue of bank bills.
Seward. 1840. A. J. 63:21-23
i "The law concerning redemption of bank notes has had beneficial
operation." Seward. 1841. A. J. 64:15
J "To guard against fraudulent excesses of circulation, I suggest that
safety ftind institutions be required to receive their circulating notes
from the Bank Commissioners or the Comptroller."
Seward. 1842. A. J. 65:13
k "The bill holder should be protected from loss and inconvenience.
The safety fund system was designed mainly to this end and while it
remained adequate it . . . gave greater security than any other sjrs-
tem... I recommend that circulating notes should be registered
and countersigned by a public officer." Bouck. 1843. A. J. 66:32-35
m Reconmaended that Comptroller be authorized to make loan on
credit of safety fund to redeem bills of insolvent safety fund banks.
Bouck. 1844. A. J. 67:21-22
n Under the new Constitution, law must provide for registry of all
bills issued as money and require ample security for redemption in
specie. It is recommended that banks be required to contribute
annually to a fund for redeeming notes of insolvent banks.
Young. 1847. A. J. 70:20
p State stock on hand to secure redemption of notes of banks. In-
advisability of receiving United States stocks as basis of issues.
Young. 1848. A. J. 71:18-19
X684 Capital
a "Whatever value is given to the stock above the sum paid for it,
in consequence of the franchise or privileges granted to the corpora-
tion may be withheld from the subscribers and rightfully claimed
by the state." Marcy. 1834. A. J. 57:26-30
b Statement of securities of banks doing business.
Bouck. 1844. A. J. 67:2a
16S4-98 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-190I
' c "I am of the opinion that the whole capital stock should be actually
paid up before the new bank is authorized to commence business."
Morton* 189 5. A. J. 1x8:28-29
X687 Dissolution. Insolvency
Set also 533. Corporations
a *'i9 associations under general banking law and 5 safety ftmd
institutions have been closed. I recommend that the bank fund be
replenished without delay and exempted from liability for private
deposits." Seward. 1842. A. J, 65:13
b Failure of several banks and statement of their affairs.
Bouck. 1843. A. J. 66:33-35
c Statement of safety fund. Wright 1846. A. J, 69:36
d "I commend to your consideration such measures as will tend to a
more speedy and less expensive mode of proceeding for winding up
the affairs of insurance companies and banks that have failed."
Robinson. 1879. A. J. 102:31-32
1691 Loans
a "I suggest a law restraining banks from making loans on the hypo-
cation of stocks beyond a reasonable t)ercentage of their capital."
Clark. 1856. A. J. 79:101-2
b "I suggest that no officer or employee of any bank should be al-
lowed to borrow directly or indirectly any of its funds without first
obtaining consent of at least a quortun of the board of directors."
Flower. 1894. A. J. 117:40
1695 Reserve. Surplus
a Banks. '* I, submit the expediency of requiring by law under ade-
quate penalty that every bank shall keep on hand 25% in coin on the
amount of all its cash liabilities exclusive of its notes."
King. 1858. A. J. 81:121-22
b "I suggest that banks be obliged to set aside a certain proportion
of their net profits each year as a surplus account until such surplus
equals 20% of the capital stock." Flower. 1894. A. J. 117:40
X698 Trust and safe deposit companies
a "Some legislation is desirable for the regulation of that class of
moneyed corporations known as trust, loan and indemnity, guarantee
and safe deposit companies." Dix. 1874. A. J. 97:16
b Trust companies. "Their powers and privileges should be uniform
and more definitely defined and the authorization to conduct such
business should be obtained through the banking department."
Hill. 1885. A.J. 108:16
C **A general^ law for the incorporation of trust, loan and mortgage
companies is made most apparent to the end that the powers, rights
and liabilities of all such corporations shall be uniform."
Hill. 1886. A. J. 109:1177-80
d "I recommend a general law for the incorporation of trust com-
panies which will subject all trust companies alike to the supervision,
regulation and inspection of the Superintendent of the Banking De-
partment." HilL 1887. A. J. 110:14
BANKING 1698^X71^
e Capital of trust companies should not be less than $20,000. '
Hill. 1888. A. J. 111:531
X708 Savings banks
a Bank for savings, in New York favorably noticed and recommen-
dation made that it be allowed to make loans on real estate.
Clinton, D. 1820. A. J. 43:14
b "I ask your attention to the necessity of being very cautious in
the enactment of charters for savings banks. I recommend a general
law applicable to all savings banks restricting the amouht which
may be held on deposit for any one depositor to a moderate sum."
Hoffman. 1872. A. J. 95:13-14
c "I suggest a general law defining their powers and the repeal of
all special privileges inconsistent with it. Also the consideration
of the Legislature whether the classes of securities in which these
institutions invest should not be prescribed by law and violation
made a misdemeanor." Dix. 1873. A. J- 96:14
d "These institutions should not be allowed to pay more than $%
interest on deposits. . .It is also recommended that no director or
officer of a savings bank shall be a director or officer of any bank
of discount in which its moneys are deposited."
Dix. 1874. A. J. 97:17
« "Frequent reports by these institutions should be required. The
provisions regulating the character of their investments should be
revised with a view to secure greater safety."
Tilden. 1876. A. J. 99:38
' "I recommend a reexamination of the general law of 1875 regulating
these institutions." Robinson. 1877. A. J. 100:19-20
K "The laws which govern both the department of supervision and
the banks might be wisely amended."
Robinson. 1878. A. J. 101:27-28
b "Safeguards which surround them should be jealously protected."
Cleveland. 1884. A. J. 107:17
27x0 Inspection. Reports
a **An amendment to existing laws requiring or at least authorizing
a personal examination of these institutions under the direction of
the Superintendent of the Bank Department would secure more
safety and efficiency in their management."
Hoffman. 1870. A. J. 93:18
17x2 Deposits
a "The law. . .relative to unclaimed dividends and deposits operates
unfavorably on savings banks. . .1 recommend a* revision of this law
and modification of it in relation to savings banks."
Marcy. 1836. A. J. 59:28
17x3 Investments. Reserves
a "Each banking institution should be independent of each other
and the available funds of savings banks should be deposited in such
i7i8h7 n. y. state library n. y. governors messages 1777-1901
manner as to be beyond the perils which may involve the discount
banks." Morton. 1895. A. J. 118:29
1718 Building and loan associations
a "General corporation law should be amended to inhibit such
associations having a name which conveys the idea that they are
banking institutions." Roosevelt. 1900. A. J. 123:33-34
b "Legislation is recommended that will serve to prevent speculative
dealing." Odell. 1901. A. J. 124:43-44
1732 Insurance
5^^ also 500, Corporations; 844. Taxation of insurance companies
a Statistics of companies and business.
Morgan. 1861. A. J. 84:23 Cornell. 1880. A. J. 103:17
Hoffman. 1870. A. J. 93:17 1881. A. J. 104:19
1871. A. J. 94:15-16 1882. A. J. 105:74-75
1872. A. J. 95:15 Cleveland. 1883. A. J. 106:17-18
Dix. 1873. A. J. 96:14 1884. A. J. 107:17-19
1874. A. J. 97:17-18 Black. 1898. A. J 121:18
Tilden. 1875. A. J. 98:45 Oiell. 1901. A. J. 124:41-42
1876. A. J. 99:39-40
b **The laws which govern both the departments of supervision and
the companies might be wisely amended."
Robinson. 1878. A. J. 101:27-28
c "I suggest that steps be taken to make the Insurance Department
more useful and less expensive and that the law touching the entire
question of insurance be reduced to a plain and simple enactment."
Cleveland. 1883. A. J. 106:17-18
d "If any legislation could lessen the number of weak companies it
should be passed." Black. 1897. A. J. 120:18
1733 State departments
a "I am of the opinion that the wisest legislation in regard to the
Insurance Department would be to abolish it and to return its few
necessary powers to the Comptroller's office."
Robinson. 1879. A. J. 102:31
1743 Dissolution. Insolvency
a *'I commend to your consideration such measures as will tend to
a more speedy and less expensive mode of proceeding for winding
up the aflfairs of insurance companies and banks that have failed."
Robinson. 1879. A- J- 102:31-32
1747 Investments
a "Some amendment of the general law for creating insurance
companies is deemed necessary to prevent fraudulent practices in
the mode of investing the capital stock." Morgan. 1859. A. J. 82:16
NAVIGATION X754-X803
X754 Life and accident
XTS^CS Reinsurance. Reserve
a ''Calculation of the reserves on life insurance policies should be
made upon a rate not higher than 4%"
Cornell. 1881. A. J. 104:19
X759 Mutual insurance
a Cooperative: insurance regulations adopted.
Cleveland. 1884. A. J. 107 :z8
1761 Fraternal beneficiary societies
a "Societies doing a cooperative insurance business should not be
exempt from the insurance laws." Cornell. 1881. A. J. 104:672-73
b "The general law providing for the organization of these societies
can be amended to the advantage of bona fide associations."
Cornell. 1882. A. J. 105:75
Z764 Fire and other casualty
a "The losses which have fallen on the insurance companies in New
York city have suspended the operations of most of them and new
incorporations will probably be wanted. The public interest requires
that their capital should be large, their risks widely distributed
and their proceedings subjected to examination. . . ''
Marcy. 1836. A. J. 59:26-27, 67-68
b "Legislature should determine whether or not there is substantial
reason for not requiring marine companies to deposit securities in
the Insurance Department." ComelL 1880. A. J. 103:17
z8oo
Navigation. Waterways
Sw also XX39, Steamboats (safety); 1393, Bridj^es
a Recommended that law of the road be applied to steamboats and
that measures for public safety be taken.
Clinton, D. 1826. A. J. 49:16
b Matter of pension for Pulton's family. Clinton, D. 1826. A. J. 49:16
1803 Harbors
a Commissioners appointed to examine and report on harbors of
Buffalo, Little and Great Sodus bays. Clinton, D. 18 19. A. J. 42 :2o
1820. A. J. 43:13
b Recommended that commissioner be appointed to adopt means for
protection of New York harbor. Yates. 1824. A. J. 47:12-13
c •* There is no subject of more immediate interest to the people of this
state than the construction of safe and commodious harbors on the
western lakes." Young. 1848. A. J. 71:17
d Harbor Commissioners: recommends appropriation for payment.
Clark. 1856. A. J. 79:114
z803-4 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-1901
e Commissioners of harbor encroachments: work.
King. 1857. A. J. 80:24-25 1858. A. J. 81 .128
f Recommends removal of obstructions in New York harbor.
Dix. 1874. A. J. 97:35-36
Harbor masteis
g New York city harbor masters and port wardens. "There should
be an officer. . .who should have a central office where a list of all
vacant berths should be kept and who should establish a general and
uniform system of regulations." Morgan* i860. A. J. 83:33
h "Stringent provisions against the employment of assistants under
any pretext whatever and against demanding, receiving, offerin^^ or
paying gratuities should be adopted." Morgan, x 861. A. J. 84:28
i "I recommend, that the Governor be empowered to appoint the
health officer and the harbor masters including captain of the port
without the consent of the Senate and to remove them or any of them
at pleasure." Hoffman. 1872. A. J. 95:18-19
J "I recommend that their compensation be limited to a reasonable
remuneration and that the fees in excess of the amount be paid into
the state treasury." Dix. 1873. ^- J- 96*^4
k ' ' Services required by those officers might be performed by the police
of the city or through the dock department and thus exempt commerce
from the heavy tax now imposed upon it."
Robinson. 1878. A. J. loz '.26
m "If their services are to be continued, it will be necessary for Legis-
lature to provide for their compensation."
Cornell. 1880. A. J. 103:22-23
n. *' Necessity exists for legislation in regard to the jurisdiction and
authority of port wardens. . . It is essential that they be compensated
in conformity to the law." Cornell. 1882. A. J. 105 :8 7
p "If the office is necessary, some way should be devised by which
service can be legally compensated." Cleveland. 1883. A. J. 106:22-23
q "I recommend the repeal of all laws by which the office of harbor
master was created or is in manner recognized and the transfer of the
duties heretofore performed by harbor masters to the Department of
Docks." Cleveland. 1884. A. J. 107:29
2804 Wharves. Docks. Piers. Wharf lines
a Recommended that Commissioners of Land Office have power to
authorize erection of wharves etc. on lakes.
Clinton, D. 1825. A. J. 48:19
b "I recommend the appointment of a proper commission to investi-
gate. . .[encroachments by piers upon the harbor of New York city]."
Seymour. 1854. A. J. 77:2$
c New York harbor. "Wharf lines on both shores should be estab-
lished beyond which docks should not be extended."
Fenton. 1868. A. J. 91 :26
d "Commerciial needs of the metropolis demand that there should be
speedy and wise legislation with reference to its wharves and piers."
Hoffman. 1869. A. J. 92:29
AGRICULTURE
x8o5 Improvement of waterways
a "I recotnxnend the improvement of such northern branches of the
Hudson as may be made navigable." Seward. 1839. A. J. 62:24
b *' There is no subject of more immediate interest to the people of this
State than the construction of . . . harbors and improvement of naviga-
tion on our rivers." Young. 1848. A. J. 71 :i7-i8
x8xa Obstructions
a Need of removing obstructions in Hudson below Albany.
Clinton, G: 1803. A. J. 26:8 Yates. 1824. A. J. 47:1a
1804. A. J. 27:8 Marcy. 1834. A. J. 57:22-23
Clinton, D. 1818. A. J. 41 :8
1820. A. J. 43:13
x8x6 Pilotage. Towage. License of pilots
a Communication from Minister of Great Britain regarding pilot law
for port of New York. Clinton, D. 1 818. A. J. 41:15
b Complaint regarding pilots of New York harbor. Investigation and
action advised. Marcy. 1837. A. J. 60:26
c Commissioners -of Pilots: duties. Morgan. 1 861. A. J. 84:27
d "The laws relating to pilotage in the harbor of New York cause
much complaint." Cornell. 1880. A. J. 103:23
e "It is the duty of Legislature to regulate the pilot fees so that they
will cease to be higher than at other ports in this and foreign countries. "
Cleveland. 1884. A. J. 107:29-30
18x9 Seamen
a Detention of our citizens on board vessels by a foreign government.
Clinton, G: 1804. A. J. 27:7
Tompkins. 1810. A. J. 33:11
»8^ Agriculture
S€€ also 956. 1466, Adtilteration; 1144, Communicable diseases of animals: 2343.
Agricultural schools
a ^ It is advisable to constitute a board to diffuse agricultural knowl-
edge, introduce seeds, implements and animals, to explore minerals
and publish periodically observations and treatises on agriculture,
A professorship of agriculture might be connected with the board.
Clinton, D. 1818. A. J. 41 17
b Board of Agriculture should be instituted and given authority to
take statistics of productions, resources, births, marriages and deaths.
Clinton, D. 1819. A. J. 42:14
Good effects of establishment of board. Its powers and funds to
be enlarged. Clinton, D. 1820. A. J. 43:10; 44:12
c Importance of encouraging agriculture. Marcy. 1833. A. J. 56:22
d "A board composed of practical farmers and scientific men would
possess great facilities for concentrating this various information" on
agricultural subjects. Marcy. 1834. A. J. 57:19-20
Z826-35 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-19OI
e **I recommend to your attention the formation of a board of agri-
culture." Seward. 1839. A. J. 62:31 1841. A. J. 64:25
f Grood results from appropriation of $8000 a year to encourage agri-
culture. Recommendation that it be continued.
Wright. 1845. A. J. 68:41-42
g Advances in agriculture. Morgan. 1 861. A. J. 84:30
h "I would urge the concenti;ation at Comdl University of the
various agencies for promoting scientific agriculture.*'
Flower. 1893. A. J. 116:25-28
i "The establishment of a comprehensive bureau of agriculture con-
solidating under one executive head the various bureaus and agencies
now existing would enable the state to carry out a definite and intelli-
gent policy of agricultural encouragement."
Flower. 1893. A. J. 116:22-25
1828 Experiment stations
See also 2343. Agricultural schools
a Recommended that a botanic garden in New York where agricultural
experiments are made, be aided by appropriation?
Lewis. 1806. A. J. 29:11
This botanic garden granted to Columbia College.
Clinton, D. 18 19. A. J, 42:15
b Agricultural experiment .station: location at Geneva.
Cornell. 1882. A. J. 105:78
c Agricultural experiment station: usefulness.
Hill. 1885. A J. 108:31
1832 Statistics. Weather and crop service
a Recommended that board of agriculture be instituted and given
authority to take statistics of births, marriages and deaths, agricultural
and mineral production and state of industry.
Clinton, D. 1819. A. J. 42:14 1820. A. J. 44:21
1835 Associations. Fairs
a The Society for Promotion of Agriculture and Useful Arts should be
enabled to make agricultural experiments. Lewis. 1807. A. J. 30:7
b •* County societies should be enabled to distribute adequate pre-
miums." Clinton, D. 1818. A. J. 41:7
c Good results of premium fimd for local societies, organized in 41
counties. Clinton, D. 1820. A. J. 43:10
d *' Our former agricultural societies . . . were dissolved in most of
the counties ... I would recommend their revival by state authority
. . .1 doubt the policy of granting any rewards.**
Throop. 1832. A. J. 55:21
e "I submit. . .whether legislative sanction could not be extended to
encourage organization of agricultural societies, free from defects
hitherto fatal." Seward. 1839. A. J. 62:31
AGRICULTURE
f It has been suggested that agricultural societies be formed, upon the
plan of that in Berkshire county, Massachusetts.
Seward. 1 841. A. J. 64:25
g Agricultural societies have been formed under auspices of state
society and help of the Legislature, in 32 coimties.
Seward. 1842. A. J. 65:16
h Benefit of agricultural societies and commendation of them.
Bouck. 1843. A. J. 66:35
i **With few exceptions, all the cotmties have organized agricultural
societies." Bouck. 1844. A. J. 67:28
Wright 1845. A. J. 68:41-42
1838 Horticultural societies
a Hortictdtural societies deserve most liberal encouragement.
Clinton, D. 1825. A. J. 48:12
1840 State associations and fairs
a State Fair at Rochester is creditable and well attended.
Bouck. 1844. A. J. 67:28
b Pavoral>le notice of work of State Agricultural Society.
Wright 1845. A. J. 68:41 1846. A. J. 69:43
c **I recommend that the state now take under its own control the
management of the State Fair." Roosevelt. 1900. A. J. 123:45
XS44 Horticulture. Diseases and pests
Sm also 1630, Encouragement of industries
a Recommended that in view of ravages of insect injurious to wheat
any known remedies may be communicated to farmers.
Clinton, G: 1787. A. J. 10:7
1856 Noxious animals. Bounties
a While bounties for destruction of wild animals are proper, they
should not be given to extravagant extent, as in past.
Clinton, D. 1822. A. J. 45:15
X890 Forestry
« Need of preserving timber supply. Clinton, D. 1822. A. J. 45:10
b Forest preservation laws urged. Hill. 1885. A. J. 108:25
c **I recommend the reorganization of the forest commission."
Flower. 1893. A. J. 116:30-32
d Adirondack region: suggestions for forest preservation.
Flower. 1893. A. J. 116:30-32
e Forest preservation: results of Forest Commission.
Flower. 1894. A. J. 117:18-19
Z890-94 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I90I
f Scientific forestry. "The knowledge necessary to the proper
treatment of the woods must come through experiment. The man-
agement of this experiment should be placed in charge of the Regents
orof the trustees of Cornell University.*' Black. 1898. A. J. 12 1:27-29
g Necessity for state supervision. Black. 1898. A. J. 27-29
h- "There is need of improvement both in our laws and their admin-
istration." Rooeevelt. 1900. A. J. 123:31-33
i Supervision needed. Roosevelt. 1900. A. J. 123:31-33
1894 Forest preserves
5cv also 798, State parks
a "The commissioners of state parks recommend that the wild lands
^ now owned and held by the state be retained." Diz. 1874. A. J. 97 120
b Adirondack region. " It is a question of serious import whether the
state should any longer part with its title to land in this quarter."
Cornell. 1882. A. J. 105:91-92
c Adirondack region : recommendations respecting state lands.
Cleveland. 1884. A. J. 107:37-39
d "I would suggest the propriety of authorizing the appointment by
the Governor of a commission to investigate the whole subject and to
recommend to Legislature a plan for the creation of a state park in the
Adirondacks and to fix and define the limits thereof."
Hill. 1890. A. J. 113:80-81
e Forest preserves, Adirondacks; suggestions for preserving.
Flower. 1893. A. J. 116:30-32
f "I trust that the Legislature will supplement the enactment of the
forestry law by interposing its fiat against the partial destruction of
the Adirondack park now threatened."
Flower. 1893. A J. 116:1975-77
g Adirondack park. Recommends action to prevent loss of state
lands through cancelation of tax sales.
Flower. 1894. A. J. 117:2403-4
h Adirondack region. "I urge speedy consideration of this subject —
I such consideration should include appropriation to ascertain the
' nature of titles adverse to the state and to recover and purchase."
I Black. 1897. A. J. 120:23-24
' i "I am more than ever impressed with the necessity of the state's
acquiring and preserving the great forests."
Black. 1898. A. J. 121:27-29
J "We need to have our system of forestry gradually developed and
I conducted along scientific principles."
Roosevelt 1900. A. J. 123:31-33
k "The law governing the work of the Forest Preserve Board should
I be amended so as to permit the selection of a member by the Governor,
I by and with the consent of the Senate, who with the two state officers
now designated should constitute the Forest Preserve Board."
Odell. 1901. A. J. 124:26-27
I
I
I
GAME AND FISH
»»«» Game and fish
& "I reconiTnefid that in place of the present mass of incoherent
legislation for tlie protection of game and fish — a single, plain and
complete act be passed covering the entire statutory regulation on the
subject." Robinson. 1879. A* J- 102:30
b "Legislation for special localities unwise; if the present law is not
satisfactory it should be made so by some general amendment or
repealed." Cornell. 1880. A. J. 103:626-27
c "Instead of just and stable laws that would command respect and
obedience we have confusion and uncertainty."
ComelL 1881. A. J. 1042:1834-35
ZQOQ Game
X913 Big game
X919 Deer
a "Game laws of the state need amendment to the end that better
protection of deer in the Adirondack region may be secured: (i) a
shorter season in which deer may be hunted and (2) prohibition of
hunting deer with hounds and floating."
Morton. 1896. A. J. 119:30-31
X944 Birds
a "The state should not permit within its limits factories to make
bird skins or bird feathers into articles of ornament or wearing apparel.
Roosevelt. 1900. A. J. 123:33
19S9 Fish
1961 Fish culture
a Suggestions for propagation of fish. Flower. 1893. A. J. 116:35
b Fish hatcheries: results. Flower. 1894. A. J. 117:40-41
1966 Special methods of fishing
X97X Seining. Nets
a "I suggest an act providing for the registration of nets and their
use throughout the state under proper supervision."
Flower. 1894. A. J. 117:41-42
2000 Shellfish. Miscellaneous
30XI Oysters
aox3 Beds. Grounds
a '*It would seem a more businesslike policy if the Commissioners of
Fisheries were empowered to make leases of oyster beds for only a
limited period of time." Flower. 1893. A. J. 116:35-36
3030-38 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-190I
»«»<> • Mines and mining
See also 500. Corporations
2038 Salt wells
a Recommended that salt springs be made as useful as possible and
neighboring woods preserved. Jay. 1796. A. J. 20:6
b Recommended that salt springs be managed so as to yield some
public revenue. Clinton, G: 1802. A. J. 25:6
Tompkins. 181 2. A. J. 35:7
Yates. 1824. A. J. 47:13
c Recommended that board of commissioners be appointed to in-
vestigate salt wells and make suggestions of improvements in manage-
ment. Clinton, D. 1825. A. J. 48:19
d Evasion of revenue tax at Salina. Lowering of import duty on
salt threatens New York industry. Bounty may be advisable.
Throop. 1831. A. J. 54:25-26
e State tax on salt reduced to 6 cents a bushel.
Throop. 1832. A. J. 55:20
f Recommended that duty on manufacture of salt be reduced to
the minimum, 6} cents a bushel, to increase its use.
Marcy. 1834. A. J. 57:30-31
g " There is no improvement of the revenue derived from the
manufacture of salt . . . The manufacture demands legislative pro-
tection. . . " Seward. 1839. A. J. 62:10-11
h Report on salt springs and revenues.
Seward. 1 841. A. J. 64:12-13 Bouck. 1843. A. J. 66:28-29
1842. A. J. 65:20, 1004 1844. A. J. 67:20-21
i "I suggest reducing still lower the duty on the manufacture,
with view to increasing the revenue and market."
Seward. 1842. A. J. 65:20
j It is feared that salt manufacture must be abandoned on account
of United States tariff laws and business depression, unless the state
or United States averts disaster. Seward. 1842. A. J. 65:1004
k *'It is important that the quality of our salt should be as perfect
as possible. . .This subject demands your careful attention...!
recommend that the superintendent be required before making
any erection, to submit ... plan and estimate and every month,
estimate of expense for repairs." Bouck. 1843. A. J. 66:28-29
m Salt springs at Syracuse: output and revenue.
Clark. 1856. A. J. 7g:iii 1870. A. J. 93:16-17
King. 1857. A. J. 80:23-24 1871. A. J. 94:14
1858. A. J. 81 :i23 Dix. 1873. A. J. 96:13
Morgan, i860. A. J. 83:26 1874. A. J. 97:13
1861. A, J. 84:23 Tilden. 1875. A. J. 98:49
1862. A. J. 85:ig 1876. A. J. 99:32
Hoffman: 1869. A. J. 92:19 Cornell. 1S82. A. J. 105:77-78
n "I recommend that the duty be increased to 2 cents per bushel."
Morgan. 1861. A. J. 84:24
LABOR
p Objections to sale of land on the salt spring reservation.
Tilden. 1875. A. J. 98:1215-16
Robinson. 1879. A. J. 102:1246
q Onondaga salt springs. "These springs are a constant source of
useless expense to the state and the disposition of them ought to be
promptly considered and determined." .Morton. 1895. A. J. 118:22
a<>4o Labor
2 See also 354* Convict labor; 1612, Labor day
a Bureau of Labor Statistics: organization and duties.
Cleveland. 1884. A. J. 107:34
b "I recommend a measure providing for a special labor com-
mission which should consider the general question of relation between
capital and labor and report to the next Legislature what amendment
tending to the welfare of the industrial classes can be made to our
laws." Hill. 1888. A. J. 111:16
c Factory law: provisions and benefits to labor.
Flower. 1893. A. J. 116:17-20
d **I believe it would be wise to encourage university settlement.
The plan of university settlement is not so much to compose differ-,
ences as to prevent them." Black. 1898. A. J. 121:26-27
e "I recommend that the enforcement of the entire body of legisla-
tion relating to labor be placed under the Board of Factory Inspectors »
and that Legislature provide for additional factory inspectors so as
to bring the number up to 50." Roosevelt. 1899. A. J. 122:18-19
f Bureau of Labor Statistics : nature and importance of work.
Roosevelt. 1899. A. J. 122:21
g Results of recent labor legislation.
Roosevelt. 1900. A. J. 123:27-29
h "I recommend such legislation as will accomplish the consolidation
of the Board of Mediation and Arbitration, the Bureau of Labor
Statistics and the State Factory Inspector's Department into a
Department of Labor." Odell. 190 1. A. J. 124:23-24
3044 General workshop regulations
See 2040
3082 Sweat shops
a "The factory law should be amended so as to provide that 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." Flower. 1893. A. J. 116:18-20
b Improvement in New York city. Flower. 1894. A. J. 117:35
c **I suggest an amendment to the law which will provide that
buildings used for manufacturing purposes must have a license or
permit, such license or permit to be granted only on condition that
3030-38 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777--I90I
Mines and mining
2020 » ^Y
Set also 500. Corporations
3038 Salt wells
a Recommended that salt springs be made as useful as possible and
neighboring woods preserved. Jay. 1796. A. J. 20:6
b Recommended that salt springs be managed so as to yield some
public revenue. Clinton, G: 1802. A. J. 25:6
Tompkins. 181 2. A. J. 35:7
Yates. 1824. A. J. 47:13
c Recommended that board of commissioners be appointed to in-
vestigate salt wells and make suggestions of improvements in manage-
ment. Clinton, D. 1825. A. J. 48:19
4 Evasion of revenue tax at Salina. Lowering of import duty on
salt threatens New York industry. Bounty may be advisable.
Throop. 1831. A. J. 54:25-26
e State tax on salt reduced to 6 cents a bushel.
Throop. 1832. A. J. 55^20
f Recommended that duty on manufacture of salt be reduced to
the minimum, 6} cents a bushel, to increase its use.
Marcy. 1834. A. J. 57:30-31
g '* There is no improvement of the revenue derived from the
manufacture of salt . . . The manufacture demands legislative pro-
tection. . . " Seward. 1839. A. J. 62:10-11
h Report on salt springs and revenues.
Seward. 1841. A. J. 64:12-13 Bouck. 1843. A. J. 66:28-29
1842. A. J. 65:20, 1004 1844. A. J. 67:20-21
i *'I suggest reducing still lower the duty on the manufacture,
with view to increasing the revenue and market."
Seward. 1842. A. J. 65:20
j It is feared that salt manufacture must be abandoned on account
of United States tariff laws and business depression, unless the state
or United States averts disaster. Seward. 1842. A. J. 65:1004
k "It is important that the quality of our salt should be as perfect
as possible ... This subject demands your careful attention ... I
recommend that the superintendent be required before making
any erection, to submit ... plan and estimate and every month,
estimate of expense for repairs." Bouck. 1843. A. J. 66:28-29
m Salt springs at Syracuse: output and revenue.
Clark. 1856. A. J. 79:111 1870. A. J. 93:16-17
King. 1857- A. J. 80:23-24 1871. A. J. 94:14
1858. A. J. 81 :i23 Dix. 1873. A. J. 96:13
Morgan, i860. A. J. 83:26 1874. A. J. 97:13
1861. A, J. 84:23 Tilden. 1875. A. J. 98:49
1862. A. J. 85:19 1876. A. J. 99:32
Hoffman: 1869. A. J. 92:19 Cornell. 1882. A. J. 105:77-78
n **I recommend that the duty be increased to 2 cents per bushel."
Morgan. 1861. A. J. 84:24
LABOR
p Objections to sale of land on the salt spring reservation.
Tilden. 1875. A. J. 98:1215-16
Robinson. 1879. A. J. 102:1246
q Onondaga salt springs. "These springs are a constant source of
useless expense to the state and the disposition of them ought to be
promptly considered and determined.'* .Morton. 1895. A. J. 118:22
ao4o Labor
; See also 354i Convict labor; 161 a. Labor day
a Bureau of Labor Statistics: organization and duties.
Cleveland. 1884. A. J. 107:34
b "I recommend a measure providing for a special labor com-
mission which should consider the general question of relation between
capital and labor and report to the next Legislature what amendment
tending to the welfare of the industrial classes can be made to our
laws." Hill. 1888. A. J. 111:16
c Factory law: provisions and benefits to labor.
Flower. 1893. A. J. 116:17-20
d "I believe it would be wise to encourage university settlement.
The plan of university settlement is not so much to compose differ-.
ences as to prevent them." Black. 1898. A. J. 121 :26-27
e "I recommend that the enforcement of the entire body of legisla-
tion relating to labor be placed tmder the Board of Factory Inspectors »
and that Legislature provide for additional factory inspectors so as
to bring the number up to 50." Roosevelt. 1899. A. J. 122:18-19
f Bureau of Labor Statistics : nature and importance of work.
Roosevelt. 1899. A. J. 122:21
g Results of recent labor legislation.
Roosevelt. 1900. A. J. 123:27-29
h "I recommend such legislation as will accomplish the consolidation
of the Board of Mediation and Arbitration, the Bureau of Labor
Statistics and the State Factory Inspector's Department into a
Department of Labor." Odell. 1901. A. J. 124:23-24
3044 General workshop regulations
See 3040
ao8a Sweat shops
a **The factory law should be amended so as to provide that 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." Flower. 1893. A. J. 116:18-20
b Improvement in New York city. Flower. 1894. A. J. 117:35
c "I suggest an amendment to the law which will provide that
buildings used for manufacturing purposes must have a license or
permit, such license or permit to be granted only on condition that
3030-38 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777-I90I
W20 , Mines and mining
Se0 also 500, Corporations
3038 Salt wells
a Recommended that salt springs be made as useful as possible and
neighboring woods preserved. Jay. 1796. A. J. 20:6
b Recommended that salt springs be managed so as to yield some
public revenue. Clinton, G: 1802. A. J. 25:6
Tompkins. 181 2. A. J. 35:7
Yates. 1824. A. J. 47:13
c Recommended that board of commissioners be appointed to in-
vestigate salt wells and make suggestions of improvements in manage-
ment. Clinton, D. 1825. A. J. 48:19
4 Evasion of revenue tax at Salina. Lowering of import duty on
salt threatens New York industry. Bounty may be advisable.
Throop. 1831. A. J. 54:25-26
e State tax on salt reduced to 6 cents a bushel.
Throop. 1832. A. J. 55:20
f Recommended that duty on manufacture of salt be reduced to
the minimum, 6} cents a bushel, to increase its use.
Marcy. 1834. A. J. 57:30-31
g '• There is no improvement of the revenue derived from the
manufacture of salt . . . The manufacture demands legislative pro-
tection. . . " Seward, 1839. A. J. 62:10-11
h Report on salt springs and revenues.
Seward. 1841. A. J. 64:12-13 Bouck. 1843. A. J. 66:28-29
1842. A. J. 65:20, 1004 1844. A. J. 67:20-21
i •*! suggest reducing still lower the duty on the manufacture,
with view to increasing the revenue and market."
Seward. 1842. A. J. 65:20
j It is feared that salt manufacture must be abandoned on account
of United States tariff laws and business depression, unless the state
or United States averts disaster. Seward. 1842. A. J. 65:1004
k "It is important that the quality of our salt should be as perfect
as possible. . .This subject demands your careful attention...!
recommend that the superintendent be required before making
any erection, to submit ... plan and estimate and every month,
estimate of expense for repairs." Bouck. 1843. A. J, 66:28-29
m Salt springs at Syracuse: output and revenue.
Clark. 1856. A. J. 79:111 1870. A. J. 93:16-17
King. 1857. A. J. 80:23-24 1871. A. J. 94:14
1858. A. J. 81 :i23 Dix. 1873- A. J. 96:13
Morgan, i860. A. J. 83:26 1874. A. J. 97:13
1861. A, J. 84:23 Tilden. 1875. A. J. 98:49
1862. A. J. 85:19 1876. A. J. 99:32
Hoffman: 1869. A. J. 92:19 Cornell. 1882. A. J. 105:77-78
n '*I recommend that the duty be increased to 2 cents per bushel."
Morgan. 1861. A. J. 84:24
LABOR
p Objections to sale of land on the salt spring reservation.
Tilden. 1875. A. J. 98:1215-16
Robinson. 1879. ^- J- 102:1246
q Onondaga salt springs. "These springs are a constant source of
useless expense to the state and the disposition of them ought to be
promptly considered and determined." .Morton. 1895. A. J. 118:2a
ao4o Labor
See also 354* Convict labor; 16 12, Labor day
a Bureau of Labor Statistics: organization and duties.
Cleveland. 1884. A. J. 107:34
b **I recommend a measure providing for a special labor com-
mission which should consider the general question of relation between
capital and labor and report to the next Legislature what amendment
tending to the welfare of the industrial classes can be made to our
laws." Hill. 1888. A. J. 111:16
c Factory law: provisions and benefits to labor.
Flower. 1893. A. J. 116:17-20
d **I believe it would be wise to encourage university settlement.
The plan of university settlement is not so much to compose differ-.
ences as to prevent them." Black. 1898. A. J. 121:26-27
e "I recommend that the enforcement of the entire body of legisla-
tion relating to labor be placed under the Board of Factory Inspectors,
and that Legislature provide for additional factory inspectors so as
to bring the number up to 50." Roosevelt. 1899. A. J. 122:18-19
f Bureau of Labor Statistics: nature and importance of work.
Roosevelt. 1899. A. J. 122:21
g Results of recent labor legislation.
Roosevelt. 1900. A. J. 123:27-29
h "I recommend such legislation as will accomplish the consolidation
of the Board of Mediation and Arbitration, the Bureau of Labor
Statistics and the State Factory Inspector's Department into a
Department of Labor." Odell. 1901. A. J. 124:23-24
3044 General workshop regulations
See 3040
3082 Sweat shops
a "The factory law should be amended so as to provide that 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." Flower. 1893. A. J. 116:18-20
b Improvement in New York city. Flower. 1894. A. J. 117:35
c **I suggest an amendment to the law which will provide that
buildings used for manufacturing purposes must have a license or
permit, such license or permit to be granted only on condition that
3030-38 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777-I9OI
aoao • Mines and mining
Se€ also 500, Corporations
2038 Salt wells
a Recommended that salt springs be made as useful as possible and
neighboring woods preserved. Jay. 1796. A. J. 20:6
b Recommended that salt springs be managed so as to 3rield some
public revenue. Clinton, G: 1802. A. J. 25:6
Tompldns. 181 2. A. J. 35:7
Yates. 1824. A. J. 47:13
c Recommended that board of commissioners be appointed to in-
vestigate salt wells and make suggestions of improvements in manage-
ment. Clinton, D. 1825. A. J. 48:19
d Evasion of revenue tax at Salina. Lowering of import duty on
salt threatens New York industry. Bounty may be advisable.
Throop. 1 83 1. A. J. 54:25-26
e State tax on salt reduced to 6 cents a bushel.
Throop. 1832. A. J. 55:20
f Recommended that duty on manufacture of salt be reduced to
the minimum, 61 cents a bushel, to increase its use.
Marcy. 1834. A. J. 57 :3o-3»
g '* There is no improvement of the revenue derived from the
manufacture of salt . . . The manufacture demands legislative pro-
tection. . . " Seward. 1839. A. J. 62:10-11
h Report on salt springs and revenues.
Seward. 1841. A. J. 64:12-13 Bouck. 1843. A. J. 66:28-29
1842. A. J. 65:20, 1004 1844. A. J. 67:20-21
i •*! suggest reducing still lower the duty on the manufacture,
with view to increasing the revenue and market."
Seward. 1842. A. J. 65:20
j It is feared that salt manufacture must be abandoned on account
of United States tariff laws and business depression, unless the state
or United States averts disaster. Seward. 1842. A. J. 65:1004
k "It is important that the quality of our salt should be as perfect
as possible ... This subject demands your careful attention...!
recommend that the superintendent be required before making
any erection, to submit. . .plan and estimate and every month,
estimate of expense for repairs." Bouck. 1843. A. J. 66:28-29
m Salt springs at Syracuse: output and revenue.
Clark. 1856. A. J. 79:111 1870. A. J. 93:16-17
ICing. 1857. A. J. 80:23-24 1871. A. J. 94:14
1858. A. J. 81:123 Dix. 1873. A. J. 96:13
Morgan, i860. A. J. 83:26 1874. A. J. 97:13
1861. A, J. 84:23 Tilden. 1875. A. J, 98:49
1862. A. J. 85:19 1876. A. J. 99:32
Hoffman: 1869. A. J. 92:19 Cornell. 1882. A. J. 105:77-78
n **I recommend that the duty be increased to 2 cents per bushel."
Morgan. 1 861. A. J. 84:24
LABOR 303
I Objections to sale of land on the salt spring reservation.
Tilden. 1875. A. J. 98:1215-16
Robinson. 1879. A. J. 102:1246
q Onondaga salt springs. "These springs are a constant source of
useless expense to the state and the disposition of them ought to be
promptly considered and determined." Morton. 1895. A. J. 118:22
«Ho Labor
5«r also 354i Convict labor; 161 2, Labor day
a Bureau of Labor Statistics: organization and duties.
Cleveland. 1884. A. J. 107:34
b "I recommend a measure providing for a special labor com-
mission which should consider the general question of relation between
capital and labor and report to the next Legislature what amendment
tending to the welfare of the industrial classes can be made to our
laws." Hill. 1888. A. J. 111:16
c Factory law: provisions and benefits to labor.
Flower. 1893. A. J. 116:17-20
d "I believe it would be wise to encourage university settlement.
The plan of university settlement is not so much to compose differ-.
ences as to prevent them." Black. 1898. A. J. 121 :26-27
e "I recommend that the enforcement of the entire body of legisla-
tion relating to labor be placed under the Board of Factory Inspectors,
and that Legislature provide for additional factory inspectors so as
to bring the ntimber up to 50." Roosevelt. 1899. A. J. 122:18-19
f Btireau of Labor Statistics: nature and importance of work.
Roosevelt 1899. A. J. 122:21
g Results of recent labor legislation.
Roosevelt. 1900. A. J. 123:27-29
h "I recommend such legislation as will accomplish the consolidation
of the Board of Mediation and Arbitration, the Bureau of Labor
Statistics and the State Factory Inspector's Department into a
Department of Labor." Odell. 1901. A. J. 124:23-24
General workshop regulations
See 3040
2082 Sweat shops
a **The factory law should be amended so as to provide that 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." Flower. 1893. A. J. 116:18-20
b Improvement in New York city. Flower. 1894. A. J. 117:35
c "I suggest an amendment to the law which will provide that
buildings used for manufacturing purposes must have a license or
permit, such license or permit to be granted only on condition that
aoSa-axaS n. y. state library n. y. governors messages 1777-1901
the appointments of the building fulfil the requirements of the law
for manufacturing purposes." Roosevelt. 1899. A. J. 122:19-20
d ' ' Supervision by local boards of health and deputy factory inspectors
will result in much better hygienic condition."
Odeil. 190 1. A. J. 124:24
3085 Hours
a "The professions embodied in it [the eight hour law] should be made
good by such amendments as will render the fulfilment of its purpose
certain." Hoffman. 1872. A. J. 95:23
b "The demand of wage workers for shorter hours and increased
compensation presents a subject entitled to consideration."
HilL 1887. A. J. 110:23-24
3096 Public work
a "If the law requiring an eight hour day [for state employees] is to
remain on the statute books it should be enforced and Legislature
should make it the particular business of somebody to enforce it."
Roosevelt 1899. A. J. 122:21
3IOO Wages
Seg also 451, Exemption from execution
axo4 Period of payment
a "There seems to be considerable interest manifested on the part
of workingmen in favor of some proper statute requiring the weekly
payment of wages by corporations." HilL 1889. A. J. 112:23
azz3 Employment
21x3(5 Contracts
a Apprentice laws. "The state should make due provision for the
enforcement of all contracts affecting persons under age."
Hoffman. 1870. A. J. 93:22
21x6 Unemployed
a Causes of unemployed labor. Robinson. 1878. A. J. 101:19-20
axx8 Children
Set also 2173. Dependent and neglected children; 2370, Compulsory education
a "It is most desirable that an act be passed abolishing labor by
children under 14 years of age." Hill. 1886. A. J. 109:22
3X25 Employers liability. Insurance
See also 1733. Insurance
2x28 Workingmen's insurance
a "It is represented that contributions required by act to provide
for sick and disabled seamen are regarded as oppressive."
Bouck. 1843. A. J. 66:31
b "A system of compulsory insurance of employees by employers
has been suggested as the best way of solving the question."
Odell. Z901. A. J. 124:24^25
CHARITIES 2x30-40
2x30 XJnions. Associations
a Conspiracy law. **I recommend the repeal of this conspiracy law
or such a modification of it as while it forbids a conspiracy to injure
the general trade, will do away with that judicial construction
which makes it equally criminal for citizens to combine for the pur-
pose of securing an increase of the wages of labor or of establishing
and maintaining prudential regulations for their mutual interest
and protection." Hoffman. 1870. A. J. 93:21-22
b ** I recomniend a general law for the incorporation of trade unions."
Hill. 1887. A. J. 110:17
2x34 Labor disputes
Ste also 749. Injunction
2x36 Conciliation and arbitration
a Establishment of courts of conciliations urged.
Clark. 1856. A. J. 79:112-13
b ''Some system for the settlement of controversies between em-
ployers and employed should be devised." Hill. 1885. A. J. 108:33
c **I recommend that provision be made by law for a commission
which shall have the. power to investigate the subject generally
and especially the system of courts or boards of arbitration as they
are established in other countries and shall report to the present
or some future Legislature such a law as is necessary to secure the
benefits of the system of arbitration to those interested in the advance-
ment of the industries of this state." Hill. 1886. A. J. 109:22-23
d Board of Arbitration appointed. HilL 1887. A. J. 110:27
e "Arbitration should be made compulsory as to controversies
between corporations and their employees."
Hill. 1891. A. J. 114:22-24
f Board of Mediation and Arbitration: functions.
Roosevelt. 1899. A. J. 122:21
2x39 Strikes
a * • There is no express statute in our state which prohibits or regulates
the employment of private detectives du^ng labor strikes. The
desirability of modifying the statute is suggested."
Hill. 1891. A. J. 114:22-24
b Buffalo strike 1892; switchmen; National Guard called out.
Flower. 1893. A. J. 116:15-17
"40 Charities
Se^also 335. Corrections; 583. Corporations not for profit; 1761, Fraternal bcnc-
fictsry societies
a Charitable institutions. "I recommend the passage of an act
requiring all such institutions to make their reports up to the 30th
of September of the present year and up to the same date in succeeding
years." • Robinson. 1879. A. J. 102:28
2X40-49 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I90I
b Charitable institutions: women as trustees. *' Public interests will
be better conserved by leaving the selection of trustees to the discre-
tion of the appointing power than to run the risk of making mandatory
requirements which could not always be satisfactorily carried out."
Cornell. 1882. A.J. 105:1028-29
2x42 State boards and officers
a "I recommend the appointment of a board of commissioners to
exercise a reasonable degree of supervision over these institutions."
Fenton; 1867. A. J. 90:2a
b Charitable institutions: management. "Change suggested con-
templates the employment of a fit person vested with the supervision
and control of these institutions and who should have no other busi-
ness." CleTeland. 1884. A. J. 107:23-26
c State Board of Charities. "The best interests of the state will
be subserved by the abolition of this entire board and the creation
of a single headed department and an official to be known as the
'Commissioner of Charities' who shall have all the duties now
exercised by that board." HilL 1886. A. J. 109:26-27
d *'I would recommend that the present board be abolished and the
duties heretofore imposed upon it be discharged by a single com-
missioner selected by the Governor with the consent of the Senate to-
gether with such state officers as he chooses."
Odell. 190 1. A. J. 124:35
2x43 State institutioiiB (general)
a "I would suggest a more rigid system- of accounting and economy
with regard to the charitable institutions."
Morgan. 1862. A. J. 85:21-22
b Charitable institutions: statistics of expenses and number of
inmates.. ComelL 1882. A. J. 105:81-82
Cleveland. 1883. A. J. 106:20-21
1884. A. J. 107:22-23
2X44 Local boards, officers and institutions
a City department of charities and corrections. Recommendations
concerning New York. Morgan. i86i. A. J. 84:27
b '*The extension of the jurisdiction of the State Board of Charities
over the local prisons and poorhouses might lead to beneficial results."
ComelL 1880. A. J. 103:20
c "Present conditions should be reformed without delay."
Cornell. 1881. A. J. 104:22
d "Unless some legislative action be taken that will insure local
reforms no adequate relief may be expected [in county jails and poor-
houses]." Cornell. 1882. A. J. 105:83
2149 Poor relief
See also 260, VaKrancy; 3406, Pensions and relief
a Report of moneys spent for relief of St Domingo'^refugees and
advising further legislation thereon. Clinton, G: 1795. A. J. 18:112
CHARITIES
Further report. Jay. 1796. A. J. 19:6; 20:6
1798. A. J. 21:71-72
b Recommended that indigent immigrants be objects of state charity.
Jay. 1796. A. J. 19:6-7 Clinton. 1827. A. J. 50:18
c Recommended that Indian grants be paid regularly.
Jay. 1796. A. J. 20:5
d Action recommended in regard to alien poor, as law has expired.
Jay. 1796. A. J. 20:6
e Great burden of pauperism in New York shows need of revision
of poor laws. Clinton, D. 1818. A. J. 41:14
f **I suggest whether it is not advisable that a commission be^ap-
pointed to investigate and report upon the management and^reHef
of the poor and to propose legislation." Tilden. 1875. A. J. 98:16
1876. A. J. 99:36
g **A wise and well digested general law on this subject is much
needed." Robinson. 1879. A. J. 102:1214
2155 Poorhouses
2157 Local institutions
a '*The establishment of county almshouses ... has had a good
effect." Clinton,D. 1827. A. J. 50:17-18
Throop. 1830. A. J. s$:i6 Marcy. 1833. A. J. 56:14-15
1832. A. J. 5S:i6 1834. A. J. 57:16-17
b Bad management of poorhouses. Robinson. 1879. A. J. 102:22-23
2160 Sick and disabled
5«r also 1020, Communicable dii
1165 Hospitals
S«r also 1023. Hospital for contagious diseases
a Reconunended that state aid be given a public fever hospital to
Ixbuilt in New York. Yates. 1823. A. J. 46:14
2172 Chiidrdn
S49 also 346. Refonn schools; 371. Juvenile offenders; 474. Family; aii8.
ai3i. Employment
a '*I recommend to you an inquiry into the condition of pauper
children in the several coimties and whether some provision ought
not to be made for removing them to asylums."
HofEman. 1871. A. J. 94:17 1872. A. J. 95:16
2X7Q Local and private institutions
a New York Orphan Asyltmi favorably noticed.
Clinton, D. 1825. A. J. 48:19 Throop. 1830. A. J. 53:14
Van Boren. 1829. A. J. 52:697
ai83-93 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777-I9OI
3183 Defectives
a Needs of deaf, dumb and blind. Fish. S50. A. J. 73 129
b Education of deaf, dumb and blind. Clark. 1856. A. J. 79:108
c Deaf, dumb and blind asylums: statistics of inmates.
Morgan. 1859. ^' J- 82:23-24 Morgan. z86i. A. J. 84:29
i860. A. J. 83:28
2184 Deaf and dumb
az86 State institutions
a Recommended that New York Institution for Deaf and Dumb,
incorporated 18 17, be aided, probably by part of New York school
fimd. Clinton, D. 1819. A. J. 42:15-16 1825. A. J. 48:19
b Recommended that both deaf and dumb asylums be aided.
Marcy. 1833. A. J. 56:14 1836. A. J. 59:14
c Suggested that sending indigent mutes to state asylums might
properly be made imperative instead of optional with county com-
missioners. Marcy. 1834. A. J. 57:15
d Report on deaf and dumb asylums.
Seward. 1839. A. J. 62:14 Wright. 1845. A. J, 68:35
1840. A. J. 63:14 1846. A. J. 69:42
Bouck. 1843. A. J. 66:30 Fish. 1849. A J. 72:16
1844. A. J. 67:24
e "It was suggested in 1839 that the interest of the state required
visitation of the Institution for Instruction of Deaf and Dtmib. The
superintendent of common schools has been charged with it."
Seward. 1841. A. J. 64:22
3x88 Blind
a Recommended that some means be taken to improve condition
of the blind. Marcy. 1834. A. J. 57:16
a 191 State institutions
a j T Recommended that the New York Institution for the Blind,
which receives state aid, be visited by the Secretary of State.
Seward. 1839. A. J. 62:14
b Report on Institution for Instruction of Blind.
Seward. 1840. A. J. 63:14 Wright 1845. A. J. 68:35-36
Bouck. 1843. A. J. 66:30 1846. A. J. 69:42
1844. A. J. 67:25 Fish. 1849. A. J. 72:16
c "Number and needs of this class [blind] are such as to call for
two institutions of this character." Fenton. 1868. A. J. 91 122
3X93
Insane
"Enumeration of insane should be taken, arranging under heads
of criminal, pauper and in good circumstances."
Clinton, D. 1825. A. J. 48:19-20
"Some further provision ought to be made for the relief of this
class." Hunt. 1852. A. J. 75:19
CHARITIES 9X03-1^
c "I ask favorable consideration to the application which will be
made on behalf ol the State Asylum at Utica for authority to appoint
a special pathologist for the duty of making such investigations as
seem to be demanded by medical science."
Hoffman. 1870. A. J. 93:19
d Statistics of number in the state. *Mz. 1874. A. J. 97:20
e "Such extraordinary expenditures for the -^are and treatment
of the insane seem a profligate use of public funds. Whatever
future facilities may be reqtiired should be provided upon a much
more economical scale." Cornell. 1 881. A. J. 104:2a
f Increasing number of insane. Cornell. 1882. A. J. 105:82-83
g "I am satisfied that existing laws on this subject need amend-
ment." Cleveland. 1883. A. J. 106:21
h **I recommend that the tax levy for the care of the insane be so
adjusted as to yield a stuplus of $1,500,000."
Morton. 1895. A. J. 118:16-17
i Suggestions to secure a reduction in expenditure for maintenance.
Morton. 1895. A. J. 118:30-32
j Plans for harmonizing the system of administration and expendi-
ture. Morton. 1896. A. J. 119:18-20
k '* Economy desirable in every direction should in this be tempered
with generosity." Black. 1897. A. J. 120:21-22
m Expense to state. Black. 1898. A. J. 121 :24
n Economy in expenditures urged. Odell. 1 901. A. J. 124:45-46
3194 State boards and officers
a "I recommend the enactment of a law authorizing the appoint-
ment of a member of the medical profession as a Commissioner of
Lunacy whose duty it shall be to examine into the condition of the
insane now confined." Seymour. 1863. A. J. 86:89
b Appointment of commissioner of lunacy recommended.
Seymour. 1864. A. J. 87:9
c Relations between state commissioner and the local hospital man-
agers. Flower. 1894. A. J. 117:26-30
ai97 Removal from poorhouse and jails
a "The condition of the insane in the poorhouses of the state is
pitiable and urgently demands attention." Cornell. 1880. A. J. 103:20
2198 State asylums
a Grant of $10,000 a year to New York asylum. Report of funds.
Clinton,D. 1819. A. J. 42:15
b Report on the New York asylum and recommendation for a new
one for indigent insane.
Throop. 1830. A. J. 53-15-16 Marcy. 1834. A. J. 57:iS-i6
1831. A. J. 54:24 1835. A. J. 58:22
1832. A. J. 55:16-17 1836. A. J. 59:14
az^-2l05 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I9OI
c An'act authorizing erection of state lunatic asylum and appointing
commissioners has been passed but they have not yet acted.
Marcy. 1837. A. J. 60:15
Asylum to be built at Utica. Marcy. 1838. A. J. 61:25
Seward. 1839. A. J. 62:13-14
d Report on insane asylums. Bouck. 1844. A. J. 67:26-27
Seward. 1840. A. J. 63:14 Wright. 1845. A. J. 68:33-35
1841. A. J. 64:14 1846. A. J. 69:40-42
1842. A. J. 65:11 Fish. 1849. A, J. 72:16
Bouck. 1843. A. J. 66:38-39
e '*I*recommend the establishment of another asylum in the western
part of the state." Seymour. 1853. A. J. 76:12
f '*I recommend the enlargement of the asylum at Utica or the
establishment of a similar institution." Clark. 1855. A. J. 78:16
g "I recommend to you to make provision for the construction of
] a new asylum." Clark. 1856. A. J. 79:107
h "The propriety of establishing an institution for incurables, that
shall relieve county authorities from the care of the insane, should
be'considered." Fenton. 1865. A. J. 88:10
1 "The state should provide asylums with room for the insane
poor who can not be taken care of otherwise and the authorities
I of^each county should be required to send to them its insane poor
and pay such sum for their support as may be proper."
Hoffman. 1870. A. J. 93:18-19
j "Style of architecture for buildings for criminals, paupers, insane,
should be simple." Tilden. 1876. A. J. 99:29-30
k "I recommend to the Legislature 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." Flower. 1893. A. J. 116:33-34
m "Legislation should be designed to require strict accountability."
Flower. 1893. A. J. 116:34
n "Whatever structures are built should be comfortable and sub-
stantial and the practice of erecting palaces at the public expense
for the accommodation of paupers has I hope seen its last example."
Black. 1898. A. J. 121:24-25 *
aaoo Local asylums and officers
a "The condition of some of the asylums around New York city
should be corrected." Black. 1898. A. J. 121:24
3205 Inquest. Commitment. Discharge
a "I recommend that all physicians who may grant certificates of
lunacy and all magistrates who issue an order of commitment to
an asylum be required to report their action at once to the county
judge of that county and that all superintendents of public and
private lunatic asylums be required to report forthwith the arrival
EDUCATION aa05-23
of every patient to the county judge of the cotinty whence the patient
was sent; that the county judge be required to investigate the case
summanly and confirm or annul proceedings and that he be em-
powered at any time on his own motion or on application of any
one interested in the alleged lunatic to reopen the hearing of a case
and to conduct such rehearing with or without the aid of a jury
as to him may seem best and thereupon in his discretion to discharge
the alleged lunatic.*' HofEman. 1872. A. J. 95:21-33
b ''Revision of the laws of the state relating to insanity and espe-
cially to the manner of commitments is urgently necessary."
Hill. 1888. A. J. 111:17-18
aai5 Feeble-minded
aax8 State institutions
a '*! deem it my duty to renew the recommendation of establish-
ment of an institution for the instruction and improvement of idiots."
Hunt. 1851. A. J. 74:21
b Asylum for feeble-minded established. Hunt. 1853. A. J. 75:19
c Feeble-minded asylum: condition. Seymour. 1854. A. J. 77:15-16
Clark. 1855. A. J. 78:17
d Feeble-minded asylum: statistics. Clark. 1856. A. J. 79:108
e Feeble-minded asylum, Syracuse: statistics.
Morgan. z86o. A. J. 83:26
f Feeble-minded asyltun: methods and system.
Morgan. 1 861. A. J. 84:39
Mao Education. Science. Culture
5m also 2184, Deaf and dumb; a 188. Blind
a Recommended that education be promoted as it has been inter-
rupted by the war. Clinton, 6: 1783. S. J. 6:80
b Recommended that attention be given to revival and encourage-
ment of schools. Clinton, G: 1784. A. J. 77. 179a. A. J. 14:6
c As certain lotteries are to benefit education, the Governor regrets
their impaired credit and hopes public confidence will be restored.
He suggests they be protected against contractors. .
Clinton, D. 1819. A. J. 43:13
d "It is a subject of regret no less than astonishment that beyond
initiatory instruction the education of the female sex has been utterly
excluded from the contemplation of our laws."
Clinton,D. 1819. A. J. 43:15 1830. A. J. 43:15
3333 Elementary and secondary education
ft Recommended that common schools be established through the
state. Clinton, O: 1795. A. J. 18:5 Clinton, G: 1803. A. J. 36:8
Jay. 1800. A. J. 33:7 1804. A. J. 37:8
Clinton, G: 1803. A. J. 35:7 Lewis. 1804. A. J. 38:8
aaa3-a6
N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-19OI
Report on common schools.
Clinton, D. 1820. A. J. 44:12-13
Yates. 1824. A. J. 47:14
Clinton, D. 1825. A. J. 48:10
1826. A. J. 49:7-8
1827. A. J. So:io
1828. A. J. 51:13-14
Throop. 1830. A. J. 53:16-17
1831. A. J. 54:19-20
1832. A. J. 55:16
Marcy. 1833. A. J. 56:13-14
1834. A. J. 57:17-19
183s. A.J. 58:12-14
1836. A. J. 59:10-12
Statistics of common schools.
Fish. 1850. A. J. 73:25
Seymour. 1853. A. J. 76:14-15
Marcy.' 1837. A. J. 60:13-15
1838. A. J. 6i:io-ia
Seward. 1839. A. J. 62:28-30
1840. A. J. 63:14-15
1841. A. J. 64:13-14
Bottck. 1843. A- J- 66:27
1844. A. J. 67:19-20
Wright 1845. A. J. 68:26-27
1846. A. J. 69:31-34
Young. 1847. A. J. 70:18-19
1848. A. J. 71:19-20
Fish. 1849. A. J. 72:14-15
Tilden. 1875. A. J. 98:48
1876. A. J. 99:33-34
1854. A. J. 77:14-15 Robinson. 187.7- A. J. 100:20-21
1878. A. J. 101:22
1879. A. J. 102:27-28
Cornell. 1880. A. J. 103:16
i88t. A. J. 104:17
1882. A. J. 105:72
Cleveland. 1883. A. J. 106:15
1884. A. J. 107:15-16
Flower. 1894. A. J. 117:36-37
Clark. 1855, A. J. 78:18-19
King. 1858. A. J. 81:125
Fenton. 1865. A. J. 88:19-20
1867. A. J. 90:31; 91:28-29
Hoffman. 1869. A. J. 92:22-23
1871. A. J. 94:17
1872. A. J. 95:16
Dix. 1873. A. J. 96:13
1874. A. J. 97:13
**I recommend the establishment of schools in which children
of foreigners may be instructed by teachers speaking their language
and professing their faith." Seward. 1840. A. J. 63:15
Large number of children, specially foreign, growing up illiterate.
Need of reaching them. Seward. 1841. A. J. 64:28-29
1842. A. J. 65:17-20
Universal education. "I recommend that all impediments in
the way of its free acquisition be removed whether in the form of
rate bills, poor and incommodious schoolhouses or the want of
teachers specially trained." Fenton. 1867. A. J. 90:31
Growth of public school system. Morton. 1896. A. J 119:26-27
"The school law should be revised and simplified."
Roosevelt. 1899. A. J. 122:33
2225 Meetings. Elections. Suffrage
2226 Voting qualifications
a "Some confusion exists in regard to the qualification of voters
at school meetings. This should be remedied by the enactment
of a comprehensive act." Cornell. 1881. A. J. 104:17
EDUCATION 22
2228 Officers. Boards
a 'Women as school officers. "Women are equally competent
with men for tbis duty and their representation would increase
the ef&cnency of o\ir school management." Cornell. 1880. A. J. 103:15
1239 State
a Recommended that since the Regents are scattered and. meet
but seldom, the general supervision of academies, including those
for teachers, be given to the Secretary of State, who has charge
of common schools and that he have a deputy to help in this work.
Marcy. 1837. A. J. 60:14
b Recommended that a Department of Education be established,
with superintendent appointed by Legislature and board made up
of delegates from subordinate boards to be established in the coun-
ties. All officers except superintendent to serve without pay and
long enough to insure efficiency. Seward. 1839. A. J. 62:30-31
c "1 recommend the separation of the office of Superintendent of
Common Schools from that of the Secretary of State."
Seymour. 1854. A. J. 77:15
d '*! recommend that the Board of Regents be abolished; that its
powers and duties relating to the schools be transferred to the De-
partment of Public Instruction." Hill. 1886. A. J. 109:25-26
e University of the State of New York: administration and results.
Black. 1898. A. J. 121:23
Roosevelt. 1899. A. J. 122:28-29
f Regents of the University: consolidation with Department of
Public Instruction recommended. Roosevelt. 1900. A. J. 123:40-42
2230 Coimty
a '*The substitution of a county superintendent of schools, in place
of the former commissioners, has given rise to some discontent."
Wright. 1845. A. J. 68:28
b **I believe that restoration of office of county superintendent would
be productive of good." Fi8h.i849. A. J. 72:15
3331 District, township and municipal
a Reconmiended that management of schools in New York city be
given to commissioners elected by the people instead of being ad-
ministered by a perpetual corporation as now.
Seward. 1842. A. J. 65:17-20
b "The substitution of a single officer, charged with supervision of
common schools of a town, for the board of commissioners and in-
spectors formerly existing, in eonnection with . . . powers of the county
superintendents seems to have met with favor."
Bouck. 1844. A. J. 67:20
c **I suggest placing all the schools in each town under the control of
a board of education." Clark. 1856. A. J. 79:102-3
d New York city public schools. *'I appeal to Legislature to enact a
law abolishing the trustee system and making enlightened provision
for the efficient government of public schools on lines in keeping with
most approved methods and modem thought."
Morton. 1896. A. J. 119:1627-28
2237-40 N. y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I9OI
2337 General school finance
3339 State and local
3340 Funds. Lands. Taxes
a Recommended that unappropriated public lands be devoted to rais-
ing fund for public education, under control of Regents, to be used for
common schools and perhaps for academies.
Lewis. 1805. A. J. 28:71-73
b Proposed that dividends on^ stock in Merchants Bank and interest
on certain loans should be loaned to increase school fund.
Lewis. 1807. A. J. 30:7
Fund now produces $26,000 annually.
Tompkins. 1810. A. J.. 33:12
Mode of appl3dng fund to be considered.
Tompkins. 181 1. A. J. 34:7
1812. A. J. 35:10
c • '*We are bound to endow to the utmost of our resources, schools
and seminaries of learning." Tompkins. 18 16. A. J. 40:8
d Fimd for common schools consists of $1,000,000 and 80,000 acres of
land. Clinton, D. 1818. A. J. 41 :g Clinton, D. 1820. A. J. 44:13
1819. A. J. 42:13 1822. A. J. 45:12-13
e Recommended that New York join other states in asking Congress
to set off public lands for education ftmd.
Clinton, D. 1822. A. J. 45:13
f ■" Recommended that under the new Constitution the Legislature
decide whether school lands shall be kept or sold to form fund.
Yates. 1823. A. J. 46:12
g Funds for common schools.
Clinton, D. 1825. A. J. 48:10 Marcy. 1837. A. J. 60:13-15
1826. A. J. 49:8 Bouck. 1844. A. J. 67:19
Van Buren. 1829. A. J. 52:11 Wright. 1845. A. J. 68:26-31
Throop. 1830. A. J. 53:16-17 1846. A. J. 69:31-35
183 1. A. J. 54:19 Young. 1847. A. J. 70:18
Marcy. 1835. A. J. 58:13 1848. A. J. 71:19-21
1836. A. J. 59:12 Fish. 1849. A. J. 72:14
h School fund.
Fish. 1850. A. J. 73:25 King. 1857. A. J. 80:10-11, 19
Hunt. 1851. A. J. 74:17 1858. A. J. 81:125
1852. A. J. 75:17 Morgan. 1859. A. J. 82:16
Seymour. 1853. A. J. 76:14 i860. A. J. 83:24
1854. A. J. 77:14-15 Fenton. 1865. A. J. 88:19
Clark. 1855. A. J. 78:11 Hoffman. 1869. A, J. 92:23
1856. A. J. 79:97, 102
i Recommended that the $5,000,000 loaned by the United States to
New York be devoted to education; an amount of the income equal
to present annual appropriation to be added to this annual sum, the
EDUCATION
remainder of the income to be added to the capital of the common
school fund (with the exception of a portion to be devoted to acad-
emies and the present literature ftmd). Marcy.1837. A. J. 60:13-14
1838. A. J. 61:10-11
J It is claimed that in dividing surplus among the states, Congress
adopted form of deposit only to prevent veto. Recommended that
Legislature protest against idea of repaying the fimd, and require Con-
gress to relinquish claim to it. Seward. 1841. A. J. 64:20
k The opinion is held by some that too large a share of the income from
United States deposit fund has been given to academies and colleges.
Wright. 1845. A. J. 68:30
m "I wotdd suggest the expediency of making the schools of the state
entirely free." Clark. 1856. A. J. 79*104
n *'I would recommend that all payments from the school ftmd, the
United States deposit fund, the literature fund and the annual state
tax for school purposes . . . be placed under the control of commissioners
to be called Commissioners of the School Funds and to be com-
posed of the State Superintendent of Public Instruction, the Comp-
troller and the Treasurer." Clark. 1856. A. J. 79-^03-4
p State tax for support. 1857-75. Tilden. 1876. A. J. 99 :34
q '* I recommend a return to,the former system of making an appropri-
ation of a specific sum in each year from the state treasury for the
benefit of the common schools and to put into the tax levy a rate
sufficient to cover the amoimt." Robinson. 1877. A." J. 100:22
2241 Investment of funds
a **It is proper that Legislature should annually satisfy themselves
that the common school and literature funds are safely invested and
as productive as possible." Bottck. 1843. A. J. 66:27
3343 Sectarian schools
t '*I recommend the establishment of schools in which children of
foreigners may be instructed by teachers speaking their language and
professing their faith." Seward. 1840. A. J. 63:15
3346 Negroes
a Recommended that better provision for negro education be made.
Seward. 1839. A, J. 62:15
3347 Teachers
2266 Normal schools
a ''Competent teachers can be educated ... by sending young men
to the Lancasterian seminaries in New York where they will be
instructed free. Appropriations by the several common schools out
of their portion of the general fund will defray the expense."
Clinton, D. 1818. A. J. 41: 9-10 Clinton, D. 1820. A. J. 44:13
1819. A. J. 42:15
b "I recommend a seminary for the education of teachers in the
monitorial [Lancasterian] system." Clinton, D. 1826. A. J. 49 :9
2266-70 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777— I9OI
c "A central school ought to be established in each county for teach-
ers." Notice and commendation of 2 such schools in New York and
Livingston counties. Clinton, D. 1827. A. J. 50:10 1828. A. J. Si "14
d *The surplus income of the literature fund, over $12,000, is put at
the disposal of the Regents to be distributed to academies and to be
devoted exclusively to educating common school teachers."
Marcy. 1835. A. J. 58 •12-13 1836. A. J. S9'i«
e In view of inadequate supply of competent teachers, it is recom-
mended that part of the income of United States deposit funds be
devoted to establishing more departments for teachers, in academies
through the state, or that county normal schools be introduced.
Marcy. 1838. A. J. 61 :ii
f "We seem to have ascertained the only practicable mode of intro-
ducing normal schools ... by engrafting that system upon academies.
I hope you will adopt further legislation ... to make this eflFort success-
ful." Seward. 1839. A. J. 62:30
g Unfavorable effects feared by some, from new normal school at
Albany. Wright. 1845. A. J. 68:28-29
h Favorable report of Albany Normal School.
Wright. 1846. A. J. 69:32-34 Young. 1848. A. J. 71 :i9
Young. 1847. A. J. 70:18-19 Fish. 1849. A. J. 72:15
i Normal school statistics. Fish. 1850. A. J. 73:26
King. 1857. A. J. 80:20
Morgan, i860. A. J. 83:24
j Removal of normal school to a locality of cheaper living expenses
suggested. Clark. 1856. A. J. 79:104-5
k Normal schools and academies. "I recommend that works on mili-
tary tactics be introduced as textbooks into these institutions and that
drill be made a part of the exercises." Morgan. 1862. A. J. 85 :i3
m "I suggest the propriety of establishing other normal and training
schools." Fenton. 1866. A. J. 89:17
n Additional schools recommended.- Fenton. 1867. A. J. 90:31-32
p Fredonia, Brockport, Cortland and Potsdam schools: progress in
construction. Fenton. 1868. A. J. 91:29
q *'l suggest an inquiry as to whether the normal schools are really
worth to the system what they cost." Robinson. 1877. A. J. 100:22
r "The normal schools with two or three exceptions are wholly use-
less." Robinson. 1879. A. J. 102:27
2267 Attendance
2270 Compulsory attendance. Truancy
See also a 118. Employment (children)
a "If the present compulsory education law is not effective it should
be strengthened by wise amendment." Flower. 1892. A. J. 115:20-21
b "Facilities should be provided for those who are willing to attend
and compulsory institutions established for those who are not."
Black. 1898. A. J. 120:2a
EDUCATION 3270-2329
c "Attendance at school if not voluntary shotild be compelled."
Black. 1898. A. J. 121:22-23
d Results of compulsory attendance law.
Roosevelt. 1899. A. J. 122:32
2282 Textbooks. Supplies
S€€ also 3360. School libraries
a "It seems to me the Legislature should fix some limit to the evil of
frequent changes of schoolbooks for no good purpose but simply to
benefit publishers and agents." Robinson. 1877. A. J. 100:22
23x6 Special kinds of schools
2323 Lectures. University extension
a University extension. "The state will eventually find the control
of umversity extension an enormously expensive undertaking wrong
in principal because it taxes the majority for the benefit of the few."
Flower. 1892. A. J. 115:21-24
2327 High schools and academies
a "It seems to me to be a clear violation of personal rights for the
state to levy taxes to support free academies, high schools and colleges.
This should be left to individual effort. " Robinson. 1877. A. J. 100:21
3329 Academies
a Question whether academies should receive state aid and should be
independent or attached to colleges. Lewis. 1805. A. J. 28:72
b "About $100,000 has been granted to 38 incorporated academies."
Clinton, D. 1818. A. J. 41 :io 1820. A. J. 44:13
c Commendation of academy at Waterford for female education, the
first attempt of the kind. Clinton, D. 1820. A. J. 43 :i5
d Law recommended allowing cotmty commissioners to raise $2000,
if equal sum is given by individuals, for monitorial high school in
county seat. Clinton, D. 1828. A. J. 51 :i4
e Report on academies.
Marcy. 1835. A. J. 58:13 Seward. 1839. A. J. 62 :28
1836. A. J. 59:" Wright. 1845. A. J. 68:29-31
1838. A. J. 61:12
f Recommended that since the Regents are scattered and meet but
seldom, the general supervision of academies, including those for teach-
ers, be given to the Secretary of State, who has charge of the common
schools and that he have a deputy to help in this work.
Marcy. 1837. A. J. 60:14
g "In various parts of the state there are academies. . . not under the
Regents, that do not therefore receive any income from the literature
fund ... I recommend that seminaries deriving their charters from the
Legislature be permitted to subject themselves. . .to the visitation of
that body and partake of the avails of the fund."
Marcy. 1837. A. J. 60:15
232Q-33 ^' ^' STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-19OI
h "Genesee Wesleyan Seminary at Lima... has been destroyed by
fire but private liberality, encouraged by forbearance on part of state
promises a renewal." Seward. 1842. A. J. 65:1000
3330 Higher education
a Two colleges in the state are commended to favor of Legislature.
Jay. 1800. A. J. 23:7
b Higher education to be promoted. Lewis. 1804. A. J. 28:8
c Importance of colleges, their arrangement, endowment and govern-
ment. Lewis. 1805. A. J. 28:73
d *'About $750,000 has been granted to the 3 colleges."
Clinton, D. 1818. A. J. 41 :io
e Grants to and condition of Columbia, Union and Hamilton colleges.
Clinton, D. 1819. A. J. 43:15 1820. A. J. 44:13
f Colleges ought not to be multiplied till necessary and unless well
supported. Suggested that authority of Regents over incorporation
be only commendatory. Clinton, D. 1825. A. J. 48:11
g Geneva College recommended for aid. Other colleges in prosper-
ous state. Clinton, D. 1826. A. J. 49:9 Throop. 1830. A. J. 53:17
h Report on various colleges.
Marcy. 1836. A. J. 59:12-13 Seward. 1840. A. J. 63:14
Seward. 1839. A. J. 62:28 1841. A. J. 64:13
i Origin and progress of the New York University.
Seward. 1840. S. 2
• j *'It would be desirable to bring the colleges of the state into har-
monious connection with the [common schools]."
Clark. 1855. A. J. 78:20-22
k Cornell University: organization and endowment.
Fenton. 1868. A. J. 91:30
m Colleges and academies: number and scope. Diz. 1874. A. J. 97:14
n **It seems to me to be a clear violation of personal rights for the
state to levy taxes to support free academies, high schools and col-
leges. This should be left to individual effort."
Robinson. 1877. A. J. 100:21
p "When the state has given to all the children a good common school
education it should leave them to their own resources. To go beyond
this is to injure rather than benefit them."
Robinson. 1878. A. J. loi :23
r Colleges and academies: development. Cornell. 1882. A. J. 105:73
2332 State institutions (general)
3333 Finance. Lands. Support
See also 774. Public lands; 2237, School finance
a As colleges are claiming a share of the income of the United States
deposit fund, it is admitted that some part may properly be given
them. Marcy. 1838. A. J. 61 :io
EDUCATION 2335-43
2335 Admission. Scholaxsliips. Tuition
a Suggested that free scholarships in colleges be established for tal-
ented, poor students. Clinton, D. 1828. A. J. 51 :i4
b **I suggest .. .propriety of establishing state scholarships in higher
institutions of learning for. . .educating young men for principals of
union and high schools." Sejmovu, 1854. A. J. 77:15
2342 Professional and technical education
S€€ also aa66. Normal schools
a Scientific education : college for practical sciences recommended.
Seymour. 1853. A. J. 76:16-17
2343 Agricultural
a "A professorship of agriculture connected with the board or attached
to the University, might also be constituted, embracing kindred
sciences of chemistry, geology, mineralogy, botany and other depart-
ments of natural history." Clinton, D. 1818. A. J. 41 .7
b Agricultural school in Oneida county favorably noticed.
Throop. 1830. A. J. 53:18-19
c *'The best means of disseminating it [agricultural knowledge] among
the people would be afforded by a public institution where agriculture
should be taught as a science and practically illustrated."
Marcy. 1834. A. J. 57:19
d Advisability of establishing schools where agriculture and mechanics
shall be taught. Toung. 1848. A. J. 71 -.24 Fish. 1849. A. J. 72:17
e Recommendation to establish an agricultural college.
Fish. 1850. A. J. 73:26
f Recommendations as to agricultural college.
Hunt 1851. A. J. 74:19-20
g Appropriation for agricultural college. Hunt. 1852. A. J. 75:18
h "Every consideration of policy and economy requires that agricul-
ture should be taught in our public schools."
Clark. 1856. A. J. 79:104
I Need of establishing an agricultural college.
Clark. 1856. A. J. 79:110-11
J Agricultural college: organization. King. 1857. A. J. 80:21
k Agricultural college: plan and scope. Morgan, i860. A. J. 83:27
m Agrictdtural college: completion. Morgan. 186 1. A. J. 84:30
n Agricidtural college : means to reopen. Fenton. 1865. A. J. 88:16
p Agricultural college: endowment. Fenton. 1866. A. J. 89:17
r "I would urge the concentration at Cornell University of the various
agencies for promoting scientific agriculture."
Flower. 1893. A. J. 116:25-28
1
234^-55 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-19OI
2343 Medicine and surgery. Degrees
a "College of Physicians and Surgeons in New York is deserving of
public consideration." Law recommended making attendance there
requisite to medical practice. ^
Clinton, D. 1818. A. J. 41:10 Throop. 1830. A. J. 53:18
1819. A, J. 42:15 1831. A. J. 54:20
1820. A. J. 44:13 Marcy. 1833. A. J. 56:14
1826. A. J. 49: 9
2348(5 MiUtary
a Military schools for training of the hiilitia have been introduced
into several counties in view of probable foreign war.
Tompkins. 1812. A. J. 35:6
b Recommended that a military academy for training militia officials
be established for youths selected from every county.
Tompkins. 1816. A. J. 39:254
c '*I recommend that works on military tactics be introduced as
textbooks into these institutions [normal schools and academies] and
that drill be made a part of the exercises." Morgan. 1862. A. J. 85:18
3350 Technical and manual training
a Recommended that a site be given the Mechanical and Scientific
Institution of New York for a building designed for public benefit.
Clinton, D. 1825. A. J. 48:12
Scientists of this institution might pass on value of inventions
and award money to inventors of useful articles.
Clinton, D. 1826. A. J. 49:13
b Advisability of establishing schools where agriculture and mechanics
shall^be taught. Young. 1848. A. J. 71:24 Fish. 1849. A. J. 72:17
c Manual training: people's college; plan and scope.
Morgan, i860. A. J.. 83:27 1861. A. J. 84:30
d "I recommend making manual training within certain limits a part
of the public school system certainly in the cities and larger towns."
Hill. 1887. A. J. 110:27-28
3352 Libraries
3354 State library
Increase of ^accommodations recommended.
Fish. 1850. A. J. 73:31-3*
b "I commend this institution to your liberality."
Clark. 1856. A. J. 79:105
c *'The annual appropriation not increased for many years is qttite
inadequate to its wants." Dix. 1874- A. J. 97:14-15
d Removal to new Capitol. Cleveland. 1884. A. J. 107:16
Efficiency. Black. 1898. A. J. 121:23
Public documents
a Recommending international exchange of scientific works.
Young. 1847. A. 8,244 Fish. 1849. A. J. 201
1850. A. 73 7*9
a
e
3355
EDUCATION 2356-65
2356 Free public libraries
2357 State aid and supervision. Traveling libraries
a State supervision of public libraries. Black. 1898. A. J. 121:23
b Traveling libraries. Bkck. 1898. A. J. 121:23
2358 Bstablishment. Support. Gcrermnent
a J: J. Aster's gift of $400,000 to found libra n* in New York.
Fish. 1849. A. J. 72:15
2360 School libraries
a ** Small and suitable collections of books and maps attached to our
common schools. . .are worthy of attention."
Clinton, D. 1827. A. J. So:ii
b "The law authorizing. . .each school district to impose a light tax
for a district library is a measure well calculated to aid public in-
struction." Marcy. 1836. A. J. 59:11-12
c Comparatively few districts have levied tax for library. Hence it is
recommended that a small part of the income from the United States
deposit fund be given to districts that will raise by taxation an equal
amount for a library. Marcy. 1838. A. J. 61 :io-u
d **I solicit your cooperation in the beginning of this wise policy
[of establishing school district libraries"). Seward. 1839. A. J. 62:30
e "The law. . .has been carried into operation in most parts of the
state." Seward. 1840. A. J. 63-14 1 841. A. J. 64:14
f "The number of volumes in the several school district libraries is
about 875,000." Bouck. 1844. A. J. 67:20
g Report on school district libraries. Wright. 1846. A. J. 69:31-32
Fish. 1849. A. J. 72:15
h Statistics of district libraries. Clark. 1856. A. J. 79:102
i "Necessity for more liberal provision for their support. "
Cornell. 1882. A. J. 105:72
j "If it is proposed to continue the advantage of these libraries there
should be a change in the extent and manner of their supply or in the
means of their preservation," Cleveland. 1884. A. J. 107:15-16
3363 History. Records. Memorials
a Communication regarding the colonial history of New York.
Bouck. 1842. S. 83
336s Archives. Records. " Colonial laws
a Recommended that copies be made of journals and records of
Provincial Congress, Committee of Public Safety and Constitutional
Convention. Clinton, G: 1804. A. J. 27:113
b Communication relative to forged records in office of Secretary of
State. Clinton, D. 181 8. S. J. 41 :i35
c Commendation of Mr Vanderheuf's work in translating Dutch
records of state and request for appropriation to index them.
Clinton, D. 1822. A. J. 45:246
2365-70 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777-I9OI
d "It would be very useful to obtain transcripts of all documents
which may elucidate our annals." Clinton, D. 1827. A. J. 50:11-12
e Recommended that law be enacted as asked by a memorial of New
York Historic£Ll Society, authorizing appointment of agent to visit
Europe and tx^nscribe documents in English and Dutch archives,
relating to New York colonial history. Seward, 1839. ^- J- ^ '-^^7
f "The journals of the Provincial Congress have been printed by
resolution of Legislattire. Holland has opened its archives . . .
with liberality . . . Great Britain has shown less favor. The
President of United States has instructed our minister to renew the
application." Seward. 1842. A. J. 65:11-12
g "Remainder of journals of revolutionary Legislature and Con-
vention. . .has been printed. . . Our agent has obtained access
to archives in London and Paris ... I ask your permission. . .
to transmit to these governments copies of the forthcoming Natural
History of New York." Seward. 1842. A. J. 65:1001-2
h Further appropriation of $5000 or $6000 needed to enable Mr
Brodhead to finish transcribing European documents.
Bottck. 1843. ^' J- 66:39
i "The labors of the agent to transcribe documents in Europe . . .
are drawing to a close. He has transniitted 24 volumes in French
and 16 in Dutch, which are deposited in the Secretary's office."
Bouck. 1844. A. J. 67:29
3366 Historical societies
a Recommended that charter of the NeV^' York Historical Society
^. be renewed and aid given. Clinton, D. 1826. A. J. 49: 9
1827. A. J. 50:11
3369 Scenic and historic places
5m also 1370, MemoriAlB
a "An international park should be established [at Niagara Falls]
inclosing a suitable space on each side of the river, from which all
annoyances of sharpers, hucksters etc. should be excluded."
Robinson. 1879. ^- J- 102:29
b Report of reservation commission on Niagara Falls.
Cleveland. 1884. A. J. 107.41-42
c Palisades of Hudson river: recommends measures for preservation.
Morton. 1896. A. J. 119:31—32
Roosevelt. 1900. A. J. 123:47, 98
d Plans for Palisades Interstate Park. OdelL 1901. A. J. 124:39-40
2370 Memorials. Monuments
a Provision for revolutionary monument at Philadelphia tecom-
mended. Seymour. 1853. A. J. 76:725-26
Repeal of law providing for it recommended.
Morgan. 1859- A. J. 82:551-53
BDUCATION 2370-84
b Antietam cemetery: New York share in expense.
Fenton. i868. A. J. 91:23
2$f6 Memorials on liattlefields. Soldiers monuments
a Chattanooga National Military park. *'I recommend that action
be taken by the state to preserve the history of New York troops on
these celebrated fields about Chattanooga.*' Hill. 1891.A.J. 114:25
b Antietam battlefield. "I reconmiend that the Legislature author-
ise the appointment of commissioners to act in conjimction with the
Federal Antietam Board in locating and preserving the battle lines
at Antietam." Flower. 1894. A. J. 117:169-70
C Recommends appropriation to provide for official participation in
• the dedicatory ceremonies of the Chickamauga and Chattanooga
National park. Morton. 1895. A. J. 118:1263
2377 Memorials to individuals
a Monument to Captain Macdonough recommended.
Clinton, D. 1826. A. J. 49:16
b Monument to General Herkimer recommended.
Clinton, D. i8x7- A. J. 50:19 Seward. 1842. A. J. 65:444-45
1828. A. J. 51:14
c Monument in Albany recommended for DeWitt Clinton.
Seward. 1839. A. J. 62:31-32 1841. A. J. 64:41
^TS War relics
a Hall of Military Record. "I can not doubt that an appropriate
repository for the collections may be arranged in the new Capitol.'*
Fenton. 1867. A. J. 90:27; 91:20
aaSo Scientific work. Art
a Recommended 'that a map of the state be made.
Jay. 1796. A. J. 20:6 Clinton, D. 1827. A. J. 50:12
h Dudley observatory : inauguration of . King. 1857. A. J. 80:21
c Natural history and geology. **It seems to be wise policy to
strengthen these agencies.'' Fenton. 1867. A. J. 90:32
4 Natural history and geology. "I conunend this department to
further recognition and support." Fenton. 1868. A. J. 91 :3o
3384 Geology. Topography
a Need of coal supply and of state aid to exploring coal resources of
state. Clinton, D. 1822. A. J. 45:10
1826. A. J. 49:13
1828. '"A. J. 51:10-11
b "The last Legislature directed the Secretary of State to prepare a
plan for the geological survey of this state. His report will be laid
before you. .-•* Marcy. 1836. A. J. 59:29
e First report of Geological, Botanical and Zoological Survey.
Marcy. 1837. A. J. 60:24-25
2384-8S N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I9OI
d Report on the Geological Survey.
Marcy. 1838. A. J. 61:25 Seward. 1841. A. J. 64:14-15
Seward. 1839. A. J. 62:456-57 1842. A. J. 65:11, 1001
1840. A. J. 63:15 Bouck. 1844. A. J. 67:28
e *'The geologists are engaged in arranging our cabinet and publishing
their final report. $104,000 in 4 annual payments, was appropriated
for the survey. Its prolongation another year by law of 1840, makes
it necessary to replenish the fund." Seward. 1842. A. J. 65:11
f Communication relative to progress of geological survey.
Bouck. 1842. S. 68
g Message relative to geology of state. Wright. 1846. A. 241
h Recommended that the Natural History of the State be completed.
Fish. 1849. A: 154
i State explorations. Hunt. 1851. A. J. 74:23
j "Accurate survey of state. ..desirable."
Sejrmour. 1853. A. J. 76:18
k Adirondack Survey: results accomplished.
Cornell. 1882. A. J. 105:91
m Adirondack Survey. '*I recommend that the superintendent of
the survey be required on 28th of May next to deposit in the office of
the State Engineer and Sur\'eyor all maps, surveys and other results
of his work." Cleveland. 1884. A. J. 107:39-40
n State survey. "This survey should be prosecuted under the di-
rection of the State Engineer and Surveyor and the results constitute
public records in his office." Cleveland. 1884. A. J. 107:40-41
p State surveys. "If these surveys are to be continued they should
be continued under the general jurisdiction of the State Engineer and
Surveyor's Office and not otherwise." Hill. i886. A. J. 109:28-29
r Topographic survey: progress and cost.
Flower. 1 894 . A. J. 117 :33-34
s "I recommend that the State Land Survey be put under the State
Engineer and Surveyor either as a separate bureau or otherwise. "
Roosevelt. 1900. A. J. 123:40
2385 Museums
a Report of work done by the Geological Survey and recommendation
of a museum building to hold the specimens collected.
Seward. 1839. A. J. 62:456-57 1840. A. J. 63:15
b Building now occupied by state* departments to be used as museum.
Seward. 1841. A. J. 64:14-15
C-, "A suite of the specimens collected has been arranged in the
Geological Museum and the 7 other collections intended for the
seminaries of learning will soon be ready."
Seward. 1S42. A. J. 65:1002
d "It will probably be necessary before next Legislature to make
permanent arrangement for superintendents of the Geological Museum,
which should be authorized by law." Bouck. 1844. A. J. 67:28
UH.ITARY REGULATIONS *3**
»3» Military regulations
Se€ also 3363, History, records, memorials
a Duty of the state to cooperate with the United States in pre-
serving neutrality.
CUnton, G. 1794. A. J. 17:7 Tompkins. 1808. A. J. 32:7
1804. A. J. 27:7 1810. A. J. 33:11
b Need^of fortifying New York harbor and the northern frontier.
Jay. 1798. A. J. 21:255, 320; Tompkins. 181 1. A. J. 34:6
22:6
1799- S. J. 22 pt 2:94 1812. A. J. 35:6, 34; 36:9. 3*
1800. A. J. 24:8 1813. A. J. 36:256, 393^4;
Clinton^ G: 1802. A. J. 25:5 401-7, 554-55
Lewis. 1804. A. J. 28:7, 287 1814. A. J. 37:7-9, 41-43, 122,
1806. s. J. 29:6-7 353-56; 38:7-9. 14-17
Tompkins. 1808. A. J. 31:6; 1814. S. J. 38:28, 42-43, 386-87;
A. J. 31:28 A. J. 38:115-16
1809. A. J. 32:364 1816. A. J. 39:254
1810. A. J, 33:12, 54, 136 Seward. 1842. A. J. 65:16
c United States efifort on behalf of New York citizens arrested for
aiding Fenian riots. Seward. 1842. A. J. 65:1004
d Harbors — New York harbor: improvement. *'I recommend that
a sum not exceeding $5000 be appropriated . . . for the protection
of the harbor." Morgan, i860. A. J. 83 :3i-32
e Civil War. "Let New York unite with the other members of the
confederacy in proclaiming and enforcing the determination that the
Constitution shall be honored and the union of the states shall be
preserved." Morgan. 1861. A. J. 84:37
I Civil War. Election of i860: effect. Morgan. 1862. A. J. 85:27
g Secession of Southern States. Morgan. 1862. A. J. 85:28
h Fort Sumter bombarded. Morgan. 1862. A. J. 85:29-30
i Insufficient defense of New York harbor.
Morgan. 1862. A. J. 85:34-35
j Causes of Civil War. Seymour. 1863. A. J. 86:95
k Civil War: progress Scjrmour. 1863. A. J. 86:100-7
1864. A. J. 87:22-29
m Civil War: martial law. Seymour. 1863. A. J. 86:99-102
n Civil War: duty of states. Fenton. 1865. A. J. 88:24-25
p Civil War: effect of peace. Fenton. 1866. A. J. 10- 11, 26-27
r Civil War: reconstruction in the South.
Fenton. 1867. A. J. 90:13-14 1868. A. J. 91:31-33
• Spanish War. "I recommend that before you adjourn you take
such action as your wisdom shall decide upon to provide against such
urgent needs as the future may disclose." Black. 1898. A. J. 121:2870
a39I- N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I9OI
2391 Militia. National Gtutrd
a "I. . . recommend. . . a speedy revision of our militia laws."
Clinton, 6: 1777. A. J. 1:6
a I "I request that you will provide for raising and calling into service
700 of the militia for [fortifying the Hudson]."
Clinton, 6: 1778. A. J. 1:76
a2 Recommended that the state pay the militia a balance in excess
of amount allowed by Congress. Clinton, 6: 1778. A. J. 1:117
aa Recommended that additional appropriations for the 5 conti-
nental battalions be made, also that certain pay rolls be attended to.
Clinton, G: 1778. A. J. 2:33-34
04 Recommended that more adequate provision be made for conti-
nental troops, that all may be on equal footing, also that militia lamr •
be continued and amended. Clinton, 6: 1780. A. J. 3:88
as Recommended that provision be made for pay due the militia.
Clinton, G: 1780. A. J. 3:147
a6 Recommended that provision be made for replacing militia whoae
time is about to expire, also that supplies for army be secured.
Clinton, 6: 1780. A. J. 4 pt 2:6—7
a7 Action recommended for maintaining army and furnishing pro-
portion of supplies asked by Congress. , Clinton, G: 1780. S. J. 3:110
a8 Recommended that troops be provided with clothing and that lamr
for raising state quota of troops be amended to secure f tdl number.
Clinton, G: 1781. A. J. 4 pt a 14
ag Recommended that subsistence be provided for troops in state.
Clinton, G: 1781. A. J. 4 pt 2:19-20
aio Recommended that levies whose terms are about to expire be re-
placed and that boimty law for unappropriated lands be revised and
small money boimty added to secure recruits.
Clinton, G: 1781. A. J. 5:5
an Recommended that arrears be paid state troops in United States
service and that ammunition be furnished to militia.
Clinton, G: 1781. A. J. 5 H(
aia Recommended that pay and indemnity be voted to militia who have
suffered imprisonment, that levies defending state be paid and pro-
vided with subsistence. Clinton, G: 1782. A. J. 5:83-84
az3 Pa3rment recommended for state troops in United States service.
Clinton, G: 1783. S. J. 6:98
az4 Action recommended for preventing desertions from state troops
and apprehending deserters, also for paying citizens who have ad-
vanced subsistence for levies. Clinton, G: 1783. S. J. 6:118-19
az5 Recommended that arrears due disbanded troops be paid and that
permanent organization of the militia and provision for mngminas
and other stores be made. Clinton, G: 1784. A. J. 7:5—7
az6 Militia establishment is to be conformed to regulations enacted by
Congress. Clinton, G: 1792. A. J. 16:5
MILITARY REGULATIONS
ai7 In view of inability of some citizens to provide arms for militia ser-
vice, as required by Congress, and the importance of the militia,
especially on frontier, it is recommended that the state equip such as
are tmable to do it themselves. Clinton, G: 1794. A. J. 17:8
ai8 Recommended that militia law be amended so as to exempt men
from burdensome civil duties, that military organization be improved
and that stores be provided. Clinton, G: 1794. A. J. 17:43
Jay. 1798. A. J. 21:255
b Question submitted whether state militia law needs amendment.
Jay. 1796. A. J. 19:5
bx Military stores reported inadequate. Recommended that secure
storage places be prepared and persons employed to have charge of
them. Jay. 1796. A. J. 19:37-3^
ba Militia laws to be amended. Jay. 1796. A. J. 20:6
Clinton, G: 1802. A. J. 25:6-7
1803. A. J. 26:238
b3 ' As President has required Governors to equip and prepare respec-
tive quotas of 80,000 militia, it is reconunended that this state equip
its share, also that militia laws be revised. Jay. 1797. A. J. 21 :5-6
b4 Recommended that arsenal guards be appointed for stores.
Jay. 1798. A. J. 21:6
b5 Need of amending militia laws and providing ndilitary stores in
view of possible war with Prance. Jay. 1798. A. J. 22 pt 2 :6
1799. S. J. 22, pt 2:91-92
1800. A. J. 23:6
c Need of more stores and preference to be given those of American
manufacture. Clinton, G: 1803. A. J. 26:6-7 Lewis. 1806. A. J. 29:8
1804- A. J. 27:6
d Necessary to organize brigade of artillery and corps of engineers
equipped for defense of New York city. Lewis. 1805. A. J.* 28:7-8
Equipment for this brigade needed. Lewis. 1805. A. J. 28:287
1806. A. J. 29:8-9
di Recommended that state equip militia with arms and establish
manufactory for them, also that drummers be trained.
Lewis. 1806. A. J. 29:8
da Statement of purchase of stores. Lewis. 1807. S. J. 30:298
da Need of better militia equipment and training.
Lewis. 1807. A. J. 30:8
e Detachment and organization of state quota of 100,000 for possible
war with France has been completed. Certain changes in militia
law recommended. Tompkins. 1808. A. J. 31:6-7
ei Report of purchase of stores. Tompkins. 1808. A. J. 31 :io4; 32 :8
1808. S. J. 32:14
1809. A. J. 32:228
ea Further recommendations as to instruction of artillery.
Tompkins. 1808. A. J. 32:19
63 Report of purchase of military stores. Tompkins. 18 10. A. J. 33:54
1811. S. J. 34:98
i8i2. A. J. 35:6
»39X N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777— I9OI
e4 Militia law deficient in some respects, specially in failing to pre-
scribe limitation of military courts, definition of offenses or rules of
procedure. Tompkins. 1812. A. J. 35^6
es Defects in mode of detaching militia for service.
Tompking. 1812. A. J. 35:9
1814. A. J. 37:8, 122; 38:8; S. J. 37:93
e6 Statement of proceedings since beginning of war, in defense of state
by militia. Tompkins. 181 2. A. J. 36:38-63, 65-66
' 1813. A. J. 36:393-94, 401-5, 500-7
1814. A. J. 37:7-9. 41-43. 3S3. 355-56; 38-7-9
C7 Proceedings in defense of state.
Tompkins. 1814. A. J. 38:14-17, 115-16; S. J. 38:28. 42-43
1815. S.J. 38:386-87
e8 Militia reorganization recommended. Tompkins. 1816. A. J. 39:11
eg Annual inspection return for 181 5 and list of killed and wounded
in 3d infantry division, Major General Mooers.
Tompkins. 1816. A. J. 39:540
eio Arms furnished to state militia by state, when due by law from
United States and now deposited in United States arsenals and forts
will be restored to state on return of United States arms that may be
in state arsenals. Question of adjusting pay accounts between
United States and New York state unsettled.
Tompkins. 1816. A. J. 39:450
Clinton, D. 1818. A. J. 41 .-93
CI I Recommended that commissary department be authorized to sell
perishable articles bought during war and now in possession of state.
Tompkins. 18 16. A. J. 39:569
f Revision of militia system recommended.
Clinton, D. 1818. A. J. 41 :ia
f I Recommending distribution of a system of military tactics.
Clinton, D. 1818. S. J. 41:117 1820. A. J. 44:13
f2 Recommended that militia continue to receive allowance of am-
munition for practice. Clinton, D. 18 18. A. J. 41 :797-98
f3 Review of militia conditions.
Clinton, D. 1819. A. J. 42:17 1822. A. J. 45:14
1820. A. J. 43:14; 44:1^3 1825. A. J. 48:20
f4 Request from militia company in Steuben county for use of arms
from State Arsenal. Clinton, D. 1822. A. J. 45:706
1826. A. J. 49:15
g Militia laws to be examined, under the new Constitution.
Yates. 1823. A. J. 46:12
gi Receipt of state quota of arms from United States appropriation
recommended for mounting artillery'' for militia use.
Yates. 1824. A. J. 47:10
Clinton, D. 1826. A. J. 49:15
1827. A. J. 50:17
h Recommended that those having conscientious scruples against
bearing arms be given relief from fines, etc.
Clinton, D. 1825. A. J. 48:20
MILITARY REGULATIONS 239E
i It would be desirable to receive balance of acknowledged claims
of state against United States in field ordnance for artillery companies.
Throop. 1830. A. J. 53:25 Throop. 1832. A. J. 55:21
1831. A. J. 54:26
j "You may think it expedient to revise the militia law for purpose
of equalizing the service." Throop. 1 831. A. J. 54:24
1832. A. J. 55:20-21
k It is hoped that Congress will amend the militia law, which state
can not. do. Marty. 1833. A. J. 56:12-13 1834. A. J. 57:31
m "There are some evils resulting from present militia system, which
it is believed the Legislature is competent to remedy. The mode of
punishing delinquents operates unjustly in many cases. . ."
Marty. 1835. A. J. 58:26-27
n Old system of militia organization has become burdensome and it is
strongly hoped that Congress will afford reHef .
Marcy. 1836. A. J. 59:30 Seward. 1842. A. J. 65:16
1838. A. J. 61:25
ni Report on militia affairs.
Marcy. 1837. A. J. 60:25 Seward. 1841. A. J. 64:19, 25-26
Seward. 1839. A. J. 62:13 Bouck. 1843. A. J. 66:35-36
1840. A. J. 63:15-16 1844. A. J. 67:22-23
M As some fieldpieces in custody of artillery companies in western
part*of steLte have been taken outside of state it is recommended that
better provision be made- for keeping such property.
Marcy. 1838. A. J. 61:25-26
03 ^* Attack on steamer Caroline at Niagara. Recommended that if
necessary state militia be kept there for protection of persons and
property till United States can interpose,
Marty. 1838. A. J. 61:120-21; A. 315
114 Recommended that laws in regard to calling out the militia be
amended. Marcy. 1838. A. 217
115 "Regimental courts-martial are oppressive. If the commandant
were required to report delinquencies to a justice, that officer could
be charged with collecting penalties." Seward. 1841. A. J. 64:26
n6 Question as to whether Friends should be required to pay for ex-
emption from military duty. The Governor favors an amendment
exempting them from it. Seward. 1841. A. J. 64:26
n7 Memorial from officers of 9th infanfry regiment pra)dng for radical
reform of the militia system. Seward. 1842. A J. 65:313
p If military service is reduced, less tax should be paid by Friends.
Bouck. 1843. A. J. 66:36 1844. A. J. 67:23
q Militia reforms recommended.
Bouck. 1843. A. J. 66:35-36 Wright. 1846. A. J. 69:43, 197
1844. A. J. 67:22-23 Young. 1847. A. J. 70:19
r United States government has requested 7 state regiments to be
held in readiness for service in Mexican War and 2 have been sent.
Young. 1848. A. J. 71:31
2391 N. Y. STATE LipRARY N. Y. GOVERNORS MESSAGES 1777-190I
8 National Guard : organization.
Fish. 1850. A. J. 73:36 Seymour. 1854. A. J. 77:21-22
Hunt. 1852. A. J. 75:23 King. 1858. A. J. 81:126
t "I would urge that the Legislature without delay confer larger
discretionary power than is now possessed to embody and equip a
volunteer militia for the public defense."
Morgan. 1861. A. J. 84:1025-26
tz "Some essential modifications of our present militia laws are ob-
viously necessary." Morgan. 1862. A. J. 85:26-27
t2 Volunteers: President's first call; response.
Morgan. 1862. A. J. 85:30-31
t3 Governor's pitx^lamation of July 25, i86i calling for 25,000 volun-
teers. Morgan. 1862. A. J. 85:31-32
14 New York volunteers : niimber and service.
Morgan. 1862. A. J. 85:32-33 Fenton. 1865. A.J. 88:21-22
Seymour. 1863. A. J. 86:88
t5 New York volunteers : purchase of supplies.
Morgan. 1862. A. J. 85:33-34
t6 Pa3rment of New York volunteers. Morgan. 1862. A. J. 85:34
t7 "Legislation will be necessary before the class of volunteers referred
to can be paid." Morgan. 1862. A. J. 85:354-55
tt Voltmteer botmties. "I reconmiend the passage of suitable laws
providing for the collection of these obligations."
. Seymour. 1863. A. J. 86:92-93
ttx Evils of drafting system. Seymour. 1863. A. J. 86:93-94
ua Subduing of draft riot in New York city.
Seymour. 1864. A. J. 87:22-23
U3 Drafting of citizens into army objected to.
Seymour. 1864. A. J. 87:17-21
Y Volimteer bounties. Fenton. 1865. A. J. 88:22 1866. A. J. 89:14
YZ National Guard : organization and number.
Fenton. 1865. A. J. 88:23-24 Tilden. 1876. A. J. 99:32-33
1866. A. J. 89:13 Robinson. 1877. A. J. 100:22-23
1867. A. J
Hoffman. 1869. A. J
1870. A. J
1872. A.J
Dix. 1874. A. J
Tilden. 1875. A. J
90:25 1878. A. J. 101:21-22
92:22 1879. A. J. 102:26
93:18 ComelL 1880. A. J. 103:18-19
95:16 1881. A. J. 104:19-20
97:15 1882. A. J. 105:75-76
98:49 Cleveland. 1884. A. J. 107:19-20
Y2 Military claim agencies. "I suggest establishing for a limited
time, a system of claim agencies to assert the just Claims upon the
government of men discharged with only partial or without any pay."
Fenton. x866. A. J. 89:11
Y3 Military claim agencies: efficiency. Fenton. 1867. A. J. 90:28
1868. A. J. 91:20
Y4 "Importance of an effective militia to a democratic republic ean
not be overestimated." Fenton. 1867. A. J. 90:26-27
MILITARY REGULATIONS
▼5 *' I xecomxnend the reduction of the present minimum of the National
Gxiard to a number that can be fully equipped, thoroughly disciplined
and qualified for active duty." Fenton. 1868. A. J. 91 :x9
w "To make it [National Guard] thoroughly efficient it should be
armed with breech loaders of the most approved pattern and I rec-
onmiend a suitable appropriation for that purpose."
Hoffman. 187 1. A. J. 94:17
z Arms and ammtinition : system of inventory.
Dix. 1874. A.J. 97:15
7 Boimty debt: final payment. Robinson. 1878. A. J. 101:15
71 *' I recommend organizing a separate company in each county where
there is no regiment or battalion." Robinson. 1878. A. J. 101:21-22
ya Equipment: appropriation needed. Robinson. 1879. A. J. 102:26
z *'It is recommended that a commission composed of officers^ of
suitable rank in the National Guard be authorized to codify the
military laws and to revise the regtdations."
Cornell. 1880. A. J. 103:18-19
zi "In my opinion National Guard needs still further reduction."
ComelL 1881. A. J. 104:19-20
za Equipment. "I recommend that the present Legislature make
provision to furnish this unifonn to those yet unprovided for."
CleveUnd. 1884. A. J. 107:19
Z3 National Guard. "It would be better if it was removed farther
from political control." Black. 1898. A- J- 121:22
Z4 Suggestions for improvement. Roosevelt. 1899. A. J. 122:21-24
Z5 "In America the Red Cross should have a federal organization, with-
in every state, chapters which should be in close touch with the
National Guard." Roosevelt. 1899. A. J. 122:24
z6 "National Guard should be armed with a small caliber high power
rifle preferably that used by the regular army."
Roosevelt. 1899. A. J. 122:23-24
>7 Suggestions for improvement. Roosevelt. 1900. A. J. 123:29-31
3392 Armories
k Recommended that at least 2 arsenals be built, i at New York
and I at Albany. Jay. 1798. A. J. 21:6
b Recommended that care of arsenals, fortifications, arms and
amnumition be committed to i set of commissioners instead of 3.
Jay. 1798. A. J. 21:185
c Recommending larger appropriation for New York Arsenal.
Jay. 1798. A. J. 22 pt 1:8
d Recommended that additional provision be made for Albany
Arsenal, and for repair of arms therein.
Jay. 1799. A. J. 22, pt 2:133-34
1800. A. J. 23:140
Recommended that house for keeper, shops for workmen and a
manufactory pf arms should be added.
Jay. 1800. A. J. 24:147-48
393-94 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I9OI
c Repairs on Arsenal and need of good equipment.
Clinton, G: 1803. A. J. 26:6-7
f Recommended that magazine be built in New York and a znore
arsenals, i in middle district and i in western, which may be paid
for by sale of military lands. Clinton, G: 1804. A. J. 27 :6
g $3000 granted for powder magazine in New York has not been
expended, as it proved inadequate. Tompkins. 1808. A. J. 31 :8
h Land has been given and arsenal built in New York city.
Tompkins. 1808. A. J. 32:8 1808. S. J. 32:14
i Arsenals built throughout state. Tompkins. 181 1. S. J. 34:98
j Recommended that Albany Arsenal be sold and proceeds applied
to purchase of new site and erection of new building.
Tompkins. 181 5. S. J. 38:168
k Recommended that $25,000 be appropriated to buy site and
build arsenal near Albany, the old arsenal to be sold when advan-
tageous. Tompkins. 1816. A. J. 39:569; 40:22
m Recommended that New York Arsenal be moved to different site.
Marcy. 1835. A. J. 58:27
n Recommended that New York Arsenal be repaired.
Seward. 1840. A. J. 63:141-42 1842. A. J. 65:45
p "Attention is called to suggestions of the Commissary General
concerning necessary measures for preservation of property com-
mitted to his care." Seward. 1841. A. J. 64:19
q Message in relation to arms and other military stores.
Bouck. 1842. S. 27
r Recommended that New York Arsenal be thoroughly repaired,
or new one built on different site. Money may be obtained by
selling to United States the land comprising Forts Tompkins and
Richmond. Bouck. 1844. A. J. 67:23
Wright. 1846. A. J. 69:197
s Governor has followed custom of loaning arms to uniform com-
panies but regards his authority as doubtful and recommends legal
sanction, as arms may properly be kept in company armories as
in state arsenals. Bouck. 1844. A. J. 67:23
Wright. 1846. A. J. 69:197
t '*! recommend the sale of the New York Arsenal and the adjacent
land." Clark. 1856. A. J. 79:111-12
u Arsenals and armories: erection under laws of 1857 and 1859.
Morgan, i860. A. J. 83:25
ui Arsenals and armories: condition. Morgan. 1861. A. J. 84:25-26
V Excessive rent for armories. Tilden. 1876. A. J. 99:33
2394 Encampment
a **I submit the question of providing for a general encampment
of the National Guard of the state during the coming season for the
purpose of inspection, instruction and improvement."
Fenton. 1866. A. J. 89:14
MILITARY REGULATIONS 3394-98
b "I submit to your consideration the propriety of authorizing en-
campments of the militia in various sections of the state."
Fenton. 1868. A. J. 91:19
c Camp of Military Instruction: advantages.
Cleveland. 1883. A. J. 106:18
d "I recommend that purchase of land be made by the state with
a view of permanently establishing the Camp of Instruction as an
element of military instruction." Cleveland. 1884. A. J. 107:19-20
e **The regiments should receive practical instructions by actual
marching, cooking, camping and field exercises over rough country."
Roosevelt. 1900. A. J. 123:30
3397 Naval militia
a "I suggest that you consider the subject of building a state cniiser
upon which the naval militia might receive actual training."
Black. 1897. A. J. 120:19
b "Our naval militia should be kept up and built up but it is earnestly
hoped that they will be supplemented by a naval reserve proper
called into being by action of the federal government."
Roosevelt. 1899. A. J. 122:24-25
339S Officers and boards
a Inasmuch as military officers frequently act without having taken
prescribed oaths, it is recommended that they be enabled to take
them with small trouble and expense and that evidence thereof be
convenient of access. Jay. 1796. A. J. 19:147
b Need of revising militia laws with regard to rank and promotion
of officers. Jay. 1797. A. J. 20:107
c Recommended that the Commissary of Military Stores be given
adequate salary. ^ Jay. 1799. A. J. 22 pt 2:101-2
d As act of Congress Has prescribed chaplains and certain staff
officers, legislative action is necessary to authorize appointment.
Clinton, G: 1804. A. J. 27:7
e Reconmiended that method of dating military commissions be
changed. Stated that present separation of offices of Adjutant
General and Inspector General is unsatisfactory.
Lewis. 1805. A. J. 28:287
f Transmitting letter of thanks to Commodore Bainbridge and crew
for bravery in capturing the "Java," with his answer thereto.
Tompkins. 1813. A. J. 36:588
g Transmitting letter of thanks to Commodore Perry for his victory
with his answer thereto. Tompkins. 1 8 14. S. J. 37:198
h Recommending that commissary, assistant commissaries and
deputies be given increase of salary while war lasts.
Tompkins. 1814. A. J. 37:353
i Recommending vote of thanks and a testimonial to Commodore
Macdonough. Tompkins. 1814. A.J. 38 :8
2398-2411 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-190I
j Recommended that 3 companies of cadets be formed and trained
for militia officers. Tompkins. 181 4. A. J. 38:16-17
k Letters of thanks to various officers distinguished by services in
late war. Tompkins. 1815. A. J. 38:621-31
m Recommended that chief commissary live in Albany and have 4
assistants. Tompkins. 1815. S. J. 38:168
n Comments on new system of electing militia officers.
Yates. 1824. A. J. 47:9-10
p Bureau of Military Statistics: object. Fenton. 1867. A. J. 90:27
r Bureau of Military Statistics: report. Fenton. 1868. A. J. 91:20
2400 Adjutant General
a As United States has imposed duty of reviews on brigade inspec-
tors, salary of Adjutant General may be reduced.
Clinton, G: 1802. A. J. 25:6
This system of inspection is expensive and imsatisfactory.
Lewis. 1805. A. J. 28:287
b Need of assistants and office for Adjutant General.
Yates. 1824. A. J. 47:9
c "I suggest the wisdom of putting this body upon a footing where
its chief executive officer is not likely to be changed at every political
election." Black. 1897. A. J. 120:19
2403 Riot and invasion
a Use of militia necessary in land riots of tenants of Rensselaer-
wyck. Wright. 1845. A. J. 68:42-49 1846. A. J. 69:13-21
2406 Pensions and relief
a Recommended that Legislature favor giving by United States of
half pay to surviving officers of Revolutionary army.
Clinton, D. 1820. A. J. 43:173
b Pensions: advantages. Fenton. 1866. A. J. 89:11-12
c Pensions: Mexican War volimteers. ''It seems to me that no
further relief ought to be insisted on."
Cleveland. 1883. A. J. 106:1x98
2408 State pensions and aid
a Recommended that provision be made for relief of wounded militia,
support of disabled and indemnity for loss of arms.
Clinton, G: 1780. A. J. 3:120
Tompkins. 1814. A. J. 37:42-43
b Pensions for Revolutionary soldiers. Clinton, D. 1828. A. J. 51 :x 4
Throop. 1832. A. J. 55:22
2411 Burial expenses
a Recommended that bodies of New York men killed in Mexico be
brought home. Young. 1848. A. J 71:33
LOCAL GOVERNMENT 34X3-33
3413 Widows and families
a "The conditioxi. of the families of those men who fell... under
General Herldxner ^will engage your attention and relief will be af-
forded to them." Clinton, 6: 1778. A. J. 1:51
b Recommended that provision be made for support of widows and
orphans of militiamen« Clinton, 6: 1780. A. J. 3:120
Tompkins. 1812. A. J. 36:9, 65-66
1814. A. J. 37:42-43
34x6 Soldiers homes
a New York Soldiers Depot, Ira Harris Hospital.
Fenton. 1866. A. J. 89:12-13
b Soldiers homes and hospitals: temporary need.
Fenton. 1867. A. J. 90:28-29
c Soldiers homes and hospitals. "I ask that provision be made to
continue the present arrangement until such time as the transfer
of the wholly disabled to the United States homes can be effected."
Fenton. 1868. A. J. 91 :2o-2i
d "I call the attention of the Legislature to the necessity and pro-
priety of making the proper appropriation for the support of the
Soldiers Home located at Albany. Hoffman. 1869. A. 169
3430
Local government
2432 ^ Municipalities
2433 State control of cities. Home rule
a "Village charters occupy a considerable portion of our annual
volumes of laws. They are filled with minute details which might
readily be comprehended in one general act applicable in all cases."
Morgan, i860. A. J. 83:35
b **A well considered act or some amendments to the general law
of 1847 would be far better calculated to secure the objects sought
in village charters than such 33 swell the size of our annual session
laws." Morgan. 1862. A. -J. 85:23-24
c Metropolitan districts and commissions. "I recommend the
repeal of all laws creating these district commissions and the res-
toration to the people of every county and city in the state of the
constitutional power to regulate and manage their own local affairs."
Hoffman. 1869. A. J. 92:27
d "I recommend the repeal of the law creating new districts made
up of two or more adjoining counties and establishing within their
lixnits various independent boards in which all powers relating to
police, fire, excise etc are vested and the members of which are not
elected by the people or appointed by the authorities."
Hoffman. 1870. A. J. 93:25
2433-3? N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-1901
e "The Legislature should carefully discriminate as to local rights
when called upon to interfere." Cornell. 1 881. A. J. 104:1746-47
f "The state should not attempt correction by assuming mttnicipal
authority and functions." Flower. 1892. A. J. 115:28-29
g Legislative charters and home rule. Flower. 1894. A. J. 117:42-43
h "Revised Constitution requires that the Legislature shall provide
for the giving of public notice and opportunity for a public hearing
concerning every special city law in every city to which it relates
before the mayor of such city accepts or refuses to accept the bill."
Morton. 1895. A. J. 118:20
2438 Organization. Powers generally
a Recommended that better regulations of municipal government
be made, as check against abuses. Clinton, D. 1828. A. J. 51 :i3
b New York city: need of new charter. Morgan. 1861. A. J. 84:32
c New York city. "I recommend the repeal of the present charter
and the enactment of a new one." Hoffman. 1872. A. J. 95:28-32
d New York city.. Defects and inadequacy of charter.
Hoffman. 1872. A. J. 95:1596-610
e Municipal corruption.. "Unless provision is made by law for
uprooting the present system of municipal government, I much
doubt whether the evils can be eradicated without giving the mayor
the power of r^oving municipal officers and appointing others in
their place whenever necessary." Dix. 1873. A. J. 96:21
f Local government. "Official accountability a condition of muni-
cipal independence. . . The framework of the system which we
adopt must be intrenched in the fundamental law and protected
by constitutional restrictions from arbik-ary changes by legislation."
Tilden. 1875. A. J. 98:21-22
g New York city: municipal charters of 1830, 1870, 1873; weakness.
Tilden. 1875. A. J. 98:1472-83
h Mimicipal government. "Whatever can be accomplished by
legislation to correct the evils growing out of the discordant charters
which now exist and to infuse into them general principles that
shall become a guide to future legislation ought to be done. The
only effectual remedy is an amendment of the Constitution fixing
the general plan of municipal government especially in respect to
the appointing power and establishing on a durable basis official
accountability. . . I recommend the appointment of a commission
who shall report to the next Legislature the forms of such laws or
constitutional amendments as are required.
Tilden. 1875. A. J. 98:1474-83
i Village charters. "Whole subject of village grievances should
be referred to the general laws provided for their regulation."
Robinson. 1878. A. J. 101:24
j New York city charter. "Only effectual remedy for the evils
under which the city suffers will be a careful and well considered
charter in the nature of a constitution, organizing a local government
with a strong and responsible executive head — with a city legislature
LOCAL GOVERNMENT
composed of trwro houses and clothed with all powers of local legisla-
tion subject to veto by the mayor."
Robinson. 1878. A. J. 101:25-26
k " It is my opinion that if } of the officials of New York and Brooklyn
were mustered out and the duties properly distributed, the public
would be better served." Cornell. 1 881. A. J. 104:25
m "The charter of the city of New York needs amendment if not
entire rcviaon." Hill. 1886. A. J. 109:19-21
n Greater New York. "I suggest that a commission be at once
created, to be charged with the duty and power of framing a charter
and reporting the same to the present Legislature if such a plan
can be drafted before the session closes." Morton. 1895. A. J. 118:23
p **I recommend that the Governor be empowered to appoint a com-
misaon to deal with the question of remodeling the New York charter
in order to remedy the defects." Roosevelt. 1900. A. J. 123:46
T New York city. Suggestions relating to the report of the Charter
Reviaon Commission. Odell. 1901. A. J. 124:144-46
2443 Consolidation
a New York city and Brooklyn: consolidation. **I recommend
sabnoitting the question of consolidation to a popular vote in the
dties and towns affected." Flower. 1894. A. J. 117:19-20
2468 Mayor
a "No good government can be secured to any great city unless it
shall have one responsible head in whom shall be vested all executive
power and to whom all departments charged with executive duties
shall be directly responsible and accoimtable. "
Hoffman. 1869. A. J. 92:28-29
2473 Municipal civil sernce
a New York city. "Very many clerkships, inspectorships andjposi-
tions held by deputies could be abolished."
Roosevelt. 1899. A. J. 122:29-30
2474 Appointments. Election
a "A power of removal bill for the city of New York placing in the
hands of the mayor absolute and unquestionable authority to remove
any of the appointive officers of the dty government and to appoint
their successors is an immediate requirement."
Morton. 1895. A. J. 118:22-23
2493 County and township government
3403
Boundaries
As it is tinccrtain whether waters between Long and Staten Islands
and south of New York are included in any county, action is needed
to decide jurisdiction. CUnton, G: 1804. A. J. 27:7-8-
2498-a5<^9 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I9OI
2498 New counties. Consolidation. Division
a Recominended that new county be formed west of Lake Cham*
plain from territory now subject to Washington county.
Clinton, G: 1787. A. J. io:8x
250Z Governing body
a Boards of supervisors. "I believe that the public interest would
be materially promoted by widening the scope of their legislative
jurisdiction." Morgan. 1862. A. J. 85:22
2504 Election. District. Vacancies. Number. Term
a Recommended that county commissioner for Ulster be appointed
in regular way. Clinton, D. 181 8. A. J. 41:344
25x2 County civil service
25x3 Appointment. Election
a Recommended that ordering of new election for clerk or sheriff
by Governor within prescribed time be discretionary instead of
mandatory. Clinton, D. 1827. A. J. 50:17
b Repeal recommended of laws allowing judges of county courts
to interfere with supervisors in appointment of commissioner of deeds,
county treasurer and superintendent of the poor.
Seward. 1840. A. J. 63:16
This has been done with good result. Seward. 1 841. A. J. 64:22
25x7 Salaries. Fees
a "I recommend that the fees of their offices [sheriff, register of
deeds, county clerk and coroner] be paid to the city treasury and
that they be paid by fixed salary." Dix. 1873. A. J. 96:21
2518 Tenure of office. Discipline
a Recommended that authority be given to compel testimony of
witnesses in case of sheriff, clerk or register removed by Governor.
CUnton, D. 1826. A. J. 49 :i6
2519 Special officers
2521 Clerk
a Elect-on of clerk in Seneca county. Clinton, D. 1828. A. J. 51:29
2550 Local finance
2566 Taxes
2569 Special assessments
a Submitted whether special tax on lands bordering canals, for
building canals, is just. Clinton, D. 1820. A. J. 43:13
b Revision of laws for taxation of local improvements.
Fish. 1850. A. J. 73:27
LOCAL GOVERNMENT ^STS'QS
2575 Budget. Accounts
a Recommended that better provision be made for management of
fiscal affairs. Jay. 1796. A. J. 20:6
b Recommended that laws reguJating matters of coimty and town
finance be revised and amended. Jay. 1800. A. J. 24:5
c New York city. "Immediate legislation is essential for the mainte-
nance of the credit of the city." Hoffman. 1872. A. J. 95 14 1-46
d New York city. "A bill to make the necessary provision to carry
on the government of the city is imperatively necessary to prevent
serious embarrassment." Hoffman. 1872. A. J. 95:1483
e New York city. "An act containing a few simple provisions would
secure a simpler and better condition of the city finances and provide
for the extinguishment of its debt as rapidly as is consistent with the
ability of the taxpayers." Robinson. 1878. A. J. 101:977-80
i Taxation. *'Town and county taxes might be much lessened by
cutting off superfluous offices, reducing extravagant fees, charging the
expense of local criminal proceedings upon the county."
Robinson. 1878. A. J. 101:14
g "Legislature ought not to make an arbitrary direction to the
local authorities of any city prescribing the amounts which they shall
pay to private local institutions." Robinson. 1879. A. J. 102:993
2577 Appropriation. Tax levy. Expenditures
a Tax levy of New York city. "I request that this important meas-
ure receive consideration, that the bill be engrossed pursuant to the
rules, before the signatures of the presiding officers are affixed, and
that it may be presented to me at least 3 days before your final ad-
journment." Fenton. 1868. A. J. 91:826
2579 Examination and audit
a "There should exist one general law providing for a uniform board
or system for the auditing of town accoimts in each of the towns of the
state." HiU. 1885. A. J. 107:550-52
2583 State supervision. Uniform accounts
a "I urge the consideration of establishing of an tmsalaried state
municipal board which shall have for its duties the securing of uni-
formity of accovmting systems in cities of the 2d and 3d classes
and the publishing of information about the work and conditions of
these cities." Roosevelt. 1899. A. J. 122:30
2588 Financial officers
2595 Township
a "The Legislature should at once consider the propriety of repealing
the law of 1875 creating the office of town auditor."
Cornell. 1881. A. J. 104:1254-55
3597-2650 N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I9OI
2597 Debts. Bonds
See also 2a4S- School finance; 2571. Special assessments
a Objections to use of municipal stocks in banking.
Seymour. 1854- A. J. 77:23-^4
b **I recommend passing a law so far reforming and restraining
the traffic in public securities as to divest it of this pernicious
feature [gambling]." Clark. 1855. A. J. 78:25-27
c "Some measure must be devised to secure improved credit of
towns." Cornell. 1880. A. J. 103:23
2598 Limitation of indebtedness
a Constitutional restriction of local indebtedness.
Hill. 1885. A. J. 108:27-29
2620 Public works. Public improvements
2627 Municipal utilities (general)
2628 Franchises (general)
a New York city franchises: *'I suggest whether a wise solution of
the problem is not to be found in a careful scheme of mtmicipal com-
pensation based upon future earnings rather than upon present esti-
mated and uncertain values." Flower. 1892. A. J. 115:832-34
2633 Electricity. Gas
a State Gas Commission. "I recommend appointment of a state
commission with power under reasonable restrictions to regulate and
control the management of all gas companies throughout the state,
such commission to be maintained at the expense of the gas com-
panies." Hill T887. A. J. 110:22-23
b "I recommend that gas and electric lighting companies and ques-
tions relating to their organization; administration and control shall
be placed in the hands of the Railroad Commission."
Odell. 1 90 1. A. J. 124:42-43
2648 Water
a Need of pure water supply in New York city.
Clinton, D. 1820. A. J. 43:15 Marcy. 1833. A. J. 56:9-10
1825. A. J. 48:21
b Water supply for New York to be taken from Bronx river and Saw-
mill creek. Clinton, D. 1820. A. J. 43:15
1825. A. J, 48:21
2650 Municipal works
a Croton aqueduct built at expense of over $12,000,000.
Seward. 1842. A. J. 65:1001
b "There is a consensus of opinion that New York must own its own
water supply. Any legislation permitting private ownership should
-be annulled." Roosevelt. 1900. A. J. 133:21-22
LOCAL GOVERNMENT 3650-3700
c New York city. '* I ask the speedy enactment of such laws as wiU
give the city tlie necessary rights for securing an additional water
supply." Odell. 1901. A. J. 124:37-38
3661 Sewerage. Garbage
a Need of public sewers in New York city.
Clinton^ D. 1820. A. J. 43:15 Marcy. 1833. A. J. 56:9-10
1825. A. J. 48:21
2679 Parks. Public grounds. Boulevards
See also 798. State parks
a New York dty. Provision for Central park.
Morgan, i860. A. J. 83:30
b New York city. Central park commissioners. "For the sake of
efficiency it is suggested that the number of commissioners be reduced
from XX to 5." Morgaxu 1861. A. J. 84:28
c New York city. Central park: progress of work.
Morgaxu 1862. A. J. 85:21
a6g8 Baths and gymnasiums
a Need of public baths in New York. Clinton, DT X820. A. J. 43 :i5
1825. A. J. 48:21
Marcy. 1833. A. J. 56:9-10
3700 Roads. Streets
ft "Necessity of rendering laws on roads and bridges more effectual."
Jay. 1796. A. J. 20:6
b "The determination of the proper control of streets should not be
made to depend upon the partiality or favoritism of the Legislature
but should be governed by some fixed principle and rigidly adhered
to." Hill. 1889. A. J. 112:569-70
c "Legislature should pass a general law prescribing certain kinds of
impxx>ved roads outlining the methods of raising and expending the
necessary moneys and authorizing any cotmty upon the vote of the
board of supervisors to avail itself of the provisions of the statute."
Flower. 1893. A. J. 116:42-43
d "I think that the Legislature might by a committee put itself into
communication with the national and state authorities and acquire all
available information as to plans and experiments with a view to
obtaining good roads throughout the state."
Morton. 1895. A. J. 118:26-27
e "Subject of road improvement becomes more important every
year." Morton. 1896. A. J. 119:29-30
/ "Means of obtaining good roads is worthy of the most careful atten-
tion." Black. 1897. A. J. 120:20
g "Need of improvement is apparent and benefits following it would
be extensive." Black. 1898. A. J. 121:34
ayoa-ao n. y. state library n. y. governors messages 1777-1901
270a State road systems and state aid
a "Difficulties of transporting stores during war have demonstrated
necessity of legislative intervention to encourage establishment of
good roads from the Hudson to the* St Lawrence, and Lakes Erie,
Ontario and Champlain." Tompkins. 1816. A. J. 39:11-12
b Duty of improving old roads and making new where needed, to
encourage settlement and industry.
Clinton, D. 1819. A. J. 42:14 Clinton, D. 1827. A. J. 50:15
1825. A. J. 48:18 ; Throop. 1832. A. J. 55:14-16
1826. A. J. 49:12
c "It has been suggested that the state should proceed to construct
through every county two highways running in different directions
and intersecting each other in about the center of the county, such
roads to be part of a complete general system and to be known as state
roads." Hill. i8qo. A. J. 113:41-43 1891. A. J. 114:20-21
d "A systematic plan should be adopted for the building of roads so
that all parts of the state should be equally benefited."
Odell. 190 1. A. J. 124:38-39
2703 Road officers. Overseers. Street commissioners
a "Neither the convenience of turnpike companies nor the security
of public from imposition are promoted by conferring upon Executive
the power of appointing commissioners to lay out roads, inspectors to
examine them or of issuing licenses to erect gates." This should be
given to first judges of counties or other responsible officer, with
right to appeal. Tompkins. 181 6. A. J. 39:12
b "Statutes providing for keeping turnpike roads in good condition
have been in state of inexecution in most counties, in consequence of
nonappointment of commissioners." Clinton, D. 1818. A. J. 41:8
2704 Road districts
a Road districts; disadvantages. Flower. 1893. A. J. 116:39-43
2713 Road taxes and work
a "Our road tax is looked upon as a burden and worked out with
little fidelity. . . I hope a better system of road laws will be proposed."
Throop. 1832. A. J. 55:15-16
b "The mode of applying the labor assessed and the money raised for
roads is conceived to be defective." Marcy. 1834. A. J. 57:26
Seward. 1839. A. J. 62:27-28
. C "I would recommend that towns and counties avail themselves of
their privilege of adopting the money system of road tax."
Black. 1898. A. J. 121:34
2720 Toll roads
a Question raised whether in incorporation of turnpike companies
the laying out of roads to suit public need has been sufficiently guarded
and whether stricter measures ought not to be taken.
Clinton, G: 1802. A. J. 25:7
LOCAL GOVERNMENT 2720-22
b Question raised -whether enforcement of laws in regard to turnpike
companies can not l^e conferred on officers already established.
Clinton, 6: 1803. A. J. 26:8
c Reconimended that principles be established by which such com-
panies shall be incorporated in future. Lewis. 1806. A. J. 29:9
d La^nrs in regard to turnpike roads are inadequate and poorly en-
forced. Hence they are the subject of public complaint and need
revision. Clinton, D. 18x8. A. J. 41 :8
e **It is a novel and questionable exercise of authority to coerce con-
tributions to turnpike stock." Clinton, D. 1819. A. J. 42:14
f Recommended that no toll be charged militia when going to practice.
Clinton, D. 1820. A. J. 43:15
2722 MisceUaneoos
a Reconimended that rule be established for passing of carriages on
public roads. Lewis.. 1805. A. J. 28:49
SUBJECT INDEX
Abduction, 294
Academies, 2327, 2329, 2240a
nuUtary drill, 2266k
supervision, 2229a
teachers classes in, 2266d, 2266e,
2266!
Accident insurance companies, 1754
Accotints, 853
local government, 2575
Acknowledgments, 393
Acdoos at law
civil procedure, 695
criminal procedure, 202
special, 739
Adjutant general, 2398e, 2400
Administration of estates, 426
Administration of justice, 590
crimes against, 238
criminal procedure, 202
Administrative law, 750
Administrators. 442a
Adoption of children, 497 >
Adulterations, 1464
of foods, 956
Agcnc>', 460
Agriculture, 1826
associations, 1835
encouragement of, i630e
experiment stations, 1828
fairs, 1835
schools, 2343
state boards, 19a, 938a
statistics, 938a, I422i, 1832
Alcohol, 900
Aliens
naturalization, 118
rights of, 391
Almshouses, 2155
Amusements, 879
Animals
communicable diseases, 1144
noxious, 1856
Appeals
court of, see Court of appeab
criminal cases, 225
Apprehension of criminals, 203
Appropriation bill, 109b, 109c, I09f,
I09h
Appropriations, 851
local finance, 2577
Arbitration, 2136
Architect, state, 783
Archives, 2365
Armories, 2392
Arrests, 203
Arson, 310
Assault, 296
Assembly, see Legislature
Assessment of taxes, 819
Assessments, special benefit, 2569 •
Assignments, 449
Asylums
blind, 2188
deaf and dumb, 2186
feeble-minded, 2215
hospitals, 2165
insane, 2198
Attorney general, 50
Attorneys, prosecuting, 675
Auctions, 1538
Auditor, state, 858
Ballots, 175
Banks, 1679
capital stock, 1684
deposits, savings banks, 1712
embezzlement, 322a
insolvency, 1687
inspection, 1680
loans, 1691
notes, 1682
savings, 88 j, 844a, 1708
surplus, 1695
taxes, 843
N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-I9OI
Baths, public, 2698
Battlefields, memorials on, 2376
Betting, 883a
on elections, 149J
Birds, 1944
Blind, 2183a, 2183b, 2183c, 2188
Bonds
corporations, railways, 1279
state and local, see Debts, public
Bonus, 1633
Bookmaking, 887
Boundaries
county, 2493
state, 17
Bounties
on animals, 1856a
encouragement of industries, 1633
Boxing, 889
Bread, 978
Bribery
Legislature, 96
voters, 149
Bridges, 1303
Budget, 849
local finance, 2575
Building and loan associations, 1718
Buildings, sanitation and safety, 1099
Buildings, public, 779
Burial expenses, soldiers, 241 1
Butter, 965
Canal claims, 88j
Canals, 1384, 33c, 33g, 8oom
finances, 1384(5
motive power, 1385
Candidates, elections, 160
Canvass of votes, 194
Capita] and labor, 2040b
Capital cases, 225c, 225d
Capital punishment, 229, 2346, 341 f
Capital stock, 509
banks, 1684
railways, 1279
Capitol, 781
Car companies, 1267
Carriages on public roads, 2722a
Casualty insurance, 1764
Cattle, diseases, 1144
Caucuses, 160
Census. 21
Chancery courts, 6ooa, 6ood
chancellor, 6ooj, 668a, 668e
fees, 6oQg
funds, 738a
Charitable institutions, 2140
exemption from taxation, 812a
Charities, 2140
blind, 2188
children, 2172
deaf and dumb, 2184
defectives, 2183
feeble-minded, 2215
insane, 2193
poor relief, 2149
state boards, 2142, 349e, 2144b
Charters, corporations, 500
Children, 2172
adoption, 497
blind, 2188
defectives, 2183, 2184
employment, 21 18
Cholera, 1034
Circuit courts
judges, 668d
special, 6o9d
Cities, see Municipalities
Citizenship, 117
Civil law, 375
Civil procedure, 695
Civil rights, 122
Civil service, 38(1
county, 2512
municipal, 2473
Claims
against state, 855
state finance, 854
Coal trust, 589a
Collateral inheritance tax, 836b
Colleges, 2330, 2333a. 2335a
I Colonial laws, 2365
Combinations, 589
' Commerce and industry, 1422, 1630a
' Committee of public safety, 102b
' Common pleas, court of, 6o9f, 668f
■ Common schools, 2223
Communicable diseases, 1020
of animals, 1144
Commutation of sentence, 366
Comptroller, see State comptroller
Compulsory school attendance, 2270
SUBJECT INDEX
Concealed weapons, 262a
Condemnatioa of property, 382
Congressional apportionment, 83
Conspiracy law, 2130a
Constitutional amendments, 33
bribery of voters, I49h
canals, 1384 (5^
governor, qualifications, 41a
succession, 42a
judiciary system, 6oon
Legislature, elections, 79c, 79d
senators, property qualifications,
75b
state debts, 866b
state prisons, 34 iw
tenure of office, 38 (9a
Constitutional conventions, 32
journals, 102b
Constitutional law, 15
Constitutions, 30
Contagious diseases, 1020
of animals, 1144
Contests^ elections, 196
Contractors, fiSh, 356a
Contracts, 453
labor, 2113(5
tax on, 835
Conveyance of property, 392
public, 776
Convicts, 352
labor, 3521, 354, 358
pardons, 373
sentencing and reform, 363
Corporations, 500
insolvency, 523
not for profit, 583
property, 509
religious, 586
taxes, 841
See also Combinations '
Corrections, 335
Cornipt practices, 149
Costs in actions, criminal procedure,
226
Counterfeiting, 316
Counties, 2492
dvil service, 2512
clerk, election, 2513a, 2521
removal, 2518
commissioners, 2504a
Cotmties {continued)
courts, judges, 609b, 6o9e, 653b
jurisdiction, 6o9g
jails, 349, 2i44d
new, 2498
officers, 2512
schools, see Schools
sheriff, 691
election, 657b
removal, 657a
supervisors, nomination of justices,
653b
powers, 2501a
treasurer, appointment, 25 13b
Court of appeals, 605a, 6osb
capital cases, 225d
judges, 6o8a
Court of claims, 855
Courts, 600
chancery, see Chancery courts
circuit, see Circuit courts
common pleas, 6o9f, 668f
county, see Counties, courts
funds, 738
inferior, 645
intermediate, 609
justices, see Justices of the peace
municipal, 655
officers, 657
oyer and terminer, 22Sb, 225d
police, 65s
supreme, see Supreme courts
Crimes and offenses, 234
Criminal insane, 361
law, 200
procedure, 202
Criminals, sentences, 363
Customs, 847
Dairy products, 961
Damages, personal injury, 471
Deaf and dumb, 21&4, 2183a, 2183b,
2183c
Death penalty, 229
Debts and debtors, 454, 449b
judgments, 735
Debts, public, 865
local and municipal, 2597
Decedents estates, 426
N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-19OI
Deeds
commissioners of, 393a, 393b, 6090,
2513b
public lands, 'J'J^
tax on, 835
Defectives, 2183
blind, 2188
deaf and dumb, 2184
feeble-minded, 2215
insane, 2193
sick and disabled, 2160
Delinquent taxes, 829
Deposits, savings banks, 17 12
Devises, probate, 429
Discriminations, transportation and
transmission, 1204
Diseases, communicable, 1020
of animals, 1144
Disguise, assuming, 234f
Dissolution
banks, 1687
corporations, 523
insurance companies, 1743
railways, 1273
Divorce, 13a, 476a, 480
Docks, 1804
Doctors, 944, 2348
Domestic relations, 474
Dower, 492
Drugs, adulteration, 9S6d
Drunkards, 921
Dueling, ^2a
EUlucation, 2220
boards of, county superintendents,
2230
district, 2231
state, 2229
elementary, 2223
higher, 2330
professional, 2342
secondary, 2223
state institutions, 2332
technical, 2342
Educational institutions, exemptions
from taxation, 812a
Elections, 126
ballots, 175
Elections (continued)
contests, 196
days, 171
legal holiday, 1604
districts, 170, 172
offenses, 149, 167
officers, 192
presidential, 197, 171a
primary, 160
registration of voters, 187
returns, 195
school, 2225
Electricity, 2633
Elementary education, 2223
Embezzlement, 322
Eminent domain, see G>ndemnation
of property
Employees, 2044
hours of labor, 2085
wages, 2100
See also Labor
Employers liability, 2125
Employment, 21 13
Engineer, 1300, 1314b
Escheats, 383
Estates, administration of, 426
Evidence
civil procedure, 717
criminal procedure, 219
Excise, 900, 908
Execution of criminals, 229
Execution, exemptions from, 451
Executors, 442a
Exemptions
from execution, 451
from taxation, 810
Expositions, 1662
Express, 1267
Extradition, 210
Factory inspectors, 204oe, 204oh
regulations, 2044, 2040c
Fairs, 1662
agricultural, 1835
Family, 474
property, 490
Feeble-minded, 2215
Fellow servant law, 2125
SUBJECT INDEX
Felony
illegal voting, iSS^t
indeterminate sentence, 370a
Finance
local, 2550
school, 2237
state institutions, 2333
state, 770
See also Accounts
Financial officers, 857
local, 2588
Fines, criminal cases, 226
Fire companies, 881, 88 j
insutance, 1764
Fireanns, 262
Fires, 1092
railwa>'S, 1322a
Fish, 1900, 1959
Flax, 1633b
Flour, 978a
Foods, adulteration of, 95^
Foreclosures, 406
Forest preserves, 1894
Forestry, 1890
Forgery, 316
Franchise, electoral, 126c, 129
Franchises, 2628
school elections, 2225
street railways, 1362
Uxation, 845<i» 845c, 845f
Fratenial beneficiary societies, 1761
Frauds, punishment for, 38 (9b
Free public libraries, 2356
Freight traffic, 12043, 1204b, 1204c,
I204d, I267g
Furniture, instalment plan of selling,
iS9oa
Gambling, 883
Game, 1900
big game, 1913
Gas, 2633
Geology, 2384
Girls, institutions for, 345
Govermueiit
crimes against, 236
documents, 07
ownership, railways, 1260
waterworks, 2650
Governor, 40
appointments, charities, commis-
sioner of, 2I42d
health officer and harbor master,
934b
prison commissioners, 335d
prison inspectors, 335a, 335b
public works, superintendent of,
79Sb
powers and duties, appointing
power, 38c, 4od
court officers, 657b
veto power, 45
qualifications, 41
succession, 42
Grand juries, 20oe
Guaranty companies, 1698a
Habeas corpus, 211
Harbors, 1803
Harvest day, 1596a
Health, public, 930
adulteration of foods, 956
communicable diseases, 1020
local boards, 934
medicine, state control of, 940
sanitation of buildings, 1099
state boards, 932c, 932d, 932e, 932f,
932g
Hemp, 1633b
High schools, 2327
Higher education, 2330
Highways, see Roads
Historic places, 2369
Historical societies, 2366.
History, 2363
Holidays, 1596
Homesteads, 451
Homicide, 304
Horticultural societies, 1838
Horticulture, 1844
Hospitals, 2165
for contagious diseases, 1023
insane, I09g
Hours of labor, 2085
Hunting, 1900
Husband and wife, 474
Idiots, 2215
Imitations, 1464
dairy products, 961a
N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES I777-190I
Immigrants, naturalization, ii8b, ii8d
Immigration, encouragement of, 1675
Incendiarism, 310a
Income tax, 830
Indeterminate sentence, 370
Indians, 123
Indictment, bills of, 200e
Industrial education, 2350
Industrial statistics, 938a .
Industries, encouragement of, 1630
Inebriates, 921
Infectious diseases, 1020a
of animals, 1144
Inferior courts, 645
Inheritance taxes, 836
Injunction, 749
Insane, 2193
criminal, 361
state hospitals for, iQ9g
Insect pests, 1844
Insolvency, 449* 13a
banks, 1687
corporations, 523
insurance companies, I743
railways, 1273
Insurance, 1732
accident, 1754
casualty, 1764
fire, 1764
life, 1754
mutual, 1759
state departments, 1733
workingmen's, 2128
Insurance companies
dissolution, 1743
investments, 1747
taxation, 844, 843b
Interest, 463
Intermediate courts, 609
Intimidation
labor disputes, 2134
of voters, 149a, 149^, I49n, I49r»
156
Intoxicating liquors, 900
Intoxication, 921
Investments
insurance companies, 1747
public funds, 861
savings banks, 17 13
school funds, 224T
Judges, 668
See also Courts
Judgments
civil procedure, 735
criminal procedure, 224
Judicial officers, 167a
Judiciary, see Courts
Juries, grand, 20oe
Jurisdiction, governmental, 17
Justice
administration of, 590
I crimes against, 238
I Justices of the peace, 653, 88j, 393b
I Juvenile offenders, 371
I reform schools, 343
Labor, 2040
children's, 21 18
convict, 352i, 354, 358
day, 1612
disputes, 2134
employers liability, 2125
employment, 21 13
hours of, 2085
roads, 2713
strikes, 872b
unions, 2130
wages, 2100
workshop regulations, 2044
Land office commissioners, 774d
Landlord and tenant, 422
Lands, 379
ceded to United States, 18
conveyance, 392
public, 774, Ii8a
school, 2240
state institutions, 2333
Larceny, 328, 234c
grand and petit, distinction, 20oe,
234?
Law, I
Laws, see Statutes
Legal holidays, 1596
Legislation
special laws, 88
uniform, 13
See also Statutes
Legislative printing, 5
Legislative procedure. 105
Lesrislative records, 102
SUBJECT INDEX
Legislature, yy
ai)portioiiinent, 80
lobbying, 99
members, 90
sessions, 113
vacancies, 81
Ubraries, 2352
public, 2356
school, 2360
state, 2354
traveling, 2357b
licenses, trades and occupations
auctioneers, 1538
medical, 943
pilots, 1816
Stt also Taxation, business taxes
liens, 405
Lieutenant governor, 48
liie insurance companies, 1 754
liquors, 900
literary societies, 88j
Loan companies, 1698a, 1698c
Loans, 463
banks, 1691
submitted to the people, 33c
Lobbying, 99
Local finance, 2550
government, 2430
Lotteries, 885. 8ooe, 8oof, 8oog, 8ooh,
2220
Lynching, 927
Manorial lands, 422
Manual training schools, 2350
Manufactures, 1630a, 1630b
statistics, I422i
Maple sugar, 1633a
Maritime quarantine, 1024
Marriage and divorce, 13a, 476
Mayor, 2468
Medical licenses, 943
schools, 2348
societies, 942
Medicine, 940
Memorials, 2370
on battlefields, 2376
to individuals, 2377
Merchants, 460a
Military drill in academics, 2266k
regulations, 2388
schools, 2348(5
Militia, 2391
encampment, 2394
naval, 2397
oflScers and boards, 2398
Milk products, 961
Mines and mining, 2020
statistics, 938a
Misdemeanors, assuming disguise,
234f
Mob violence, 927
Money, 461
Monopolies, see Combinations
Monuments, 2370
Mortgage companies, 1698c
Mortgages, 405
tax on, 809a, 8c9b
Municipal franchises, see Franchises
Municipal ownership, waterworks,
2650
Municipal utilities, 2627
Municipalities, 2432
civil service, 2473
courts, 655
debts, 2597
finance, 2550
franchises, 2628
home rule, 2433
mayor, 2468
officers, 2473
organization, 2438
parks, 2679
police, 875
sewerage, 2661
special assessments, 2569
taxes, 2566
waterworks, 2650
Murder, 304a
Museums, scientific, 2385
Musical societies, 88j
Mutual insurance, 1759
Narcotics, 900
National Guard, 2391
Naturalization, 118
Naval militia, 2397
Navigation, 1800
Negroes
^ education, 2246a
slavery, 124
Newspapers
publication of session laws in. 6
N. Y STATE LIBRARY N. Y. GOVERNORS MESSAGES I777-I90I
Newspapers (continued)
publishing accounts of executions,
229J
Nominations, 160
Normal schools, 2266
Notaries public, 669
Notarial certiticates. 13a
Noxious animals, 1856
Oaths, 723
Obstructions to streams, 181 2
Officers, 38
See also under specific titles, Peace
officers; Public officers, etc.
Oil, mineral, inspection, 1493
Oleomargarin, 965
Orphans, 2179a
Over legislation, 85
Oyer and terminer, court of, 22Sb,
225d
Oysters, 201 1
Pardons, 373
Parks
municipal, 2679
state, 798
Parties, political, 168
Passenger rates, 84Sa
Peace officers, 657
Penal institutions, 33S
Penalties
election offenses, 1491, 149J
lotteries, 885k
Penitentiaries, 33s
Pensions, soldiers, 2406
Perjury, 246
Personal injury, 471
Personal property, taxation, 808, 823
Persons, crimes against, 292
Petroleum products, 1493
Physicians, 944, 2348, 2205a
Piers, 1804
Pilotage, 1816
Pleuropneumonia, 1161
Police, 872
courts, 65s
Political parties, 168
rights, 121
Pool selling, 887
Poor relief, 2149
superintendents of, 609c, 2513b
Poorhouses, 2155, 349f, 2144b, 2i44d
President, 33h
election, 171a, 197
Primary elections, 160
Printing
legislative, 5
public, 67
Prisoners, 352
pardons, 373
sentencing and reform, 363
Prisons, 335, 2144b
Prize fighting, 889
Probate procedure, 429
Procedure
civil, 69s
criminal, 202
probate, 429
Professional education, 2342
Prohibition, 902
Property, 377
conveyance, 392
corporations, 509
not for profit, 585
crimes against, 308
family, 490
personal, taxation, 808, 823
public, 770
real estate, 379
titles to, public lands, 777
See also Mortgages ; Taxation
Property and supplies, public, 779
Prosecuting attorneys, 675
Prostitution, 9^
Provincial Congress, journals, 23^5^,
236sf
Public buildings, 779
sanitation and safety, 1099
documents, 67
state libraries, 2355
grounds, 2679
health, 930
instruction, department of, 22296,
2229f
lands, 774, Ii8a
school, 2240
libraries, 2356
officers, 38, isoa
order, 870
crimes against, 256
ownership, railways. 1280
SUBJECT^INDEX
Public printing, session lavrs, 5
property, 770
prosecutor, 675
salety, logo
committee of, 102b
railways, 1313
scnrice corporations, taxation, 845
works, 793, 88h
hoars of labor, 2096
local government, 2620
superintendent of, 795^* 795^
Publications, state, 2355
Quranflnc, 1024, 1020a, 1020b, 1046a,
1675k
RailwayB, 1267
dissolution, 1273
public ownership^ 1180
rates, 1204
r^Kuts, ijoo
right of way, 1295
safety regulations, 1314
taxes, 845a, 845b
See also Street railways
R^id transit, 1338a, 1358b, 1362b
Real property, 379
See also Property
Receivers, 450 ,
Records, 2365
conveyances, 396
Redemptions
liens and mortgages, 406a
tax sales, 829
Reform schools, 943
Reformatories, 343
Regents, 2229a, 2229d, 2229e, 2229f,
2240a, 233of
Registration of voters, 187
Religious corporations, 586
Religious institutions, exemptions
from taxation, 812a
Representatives, United States, 83
Rights of way
railways, 1295
street railways, 1359
Riparian lands, 778b
Roads, 2700, 88j, 88m, I393a^
commissioners, 40e, 609b
Roads (conttnued)
districts, 2704
labor, 2713
convict, 358
officers, 2703
state aid, 2702
taxes, 2713
toll, 2720
Safe deposit companies, 1698
Safety, public, 1090
Sailors, 1819
Salaries
legislators and state officers, 90a
public officers, 38(8
Salt wells, 2038
Sanitation, 932
buildings, 1099
Savings and loan associations, 17 18
Savings banks, 1708, 88j
taxation, 844a
Scales, public, 1426
Scenic places, 2369
Scholarships, 2335
Schools, 2220
agricultural, 2343
attendance, 2267
boards, 2228
elections, 2225
elementary, 2223
finance, 2237
state institutions, 2333
high, 2327
lands, 2240
state institutions, 2333
libraries, 2360
manual training, 2350
medical, 2348
meetings, 2225
military, 2348(5
normal, 2266
officers, 2228
professional, 2342
secondary, 2223
sectarian, 2243
superintendents, county, 2230
district, township and municipal,
2231
state, 2229
taxes, 2240
K. Y. 8TATB LIBRARY N. Y. GOVERNORS MBSSAGBS 1777-X9OX
Schools {conUnued)
technical, 2342
textbooks, 2282
See also Teachers
Scientific education, 2342a
work, 2j8o
Seal and arms, 27
Sealers, 1426
Seamen, 1819
Secondary education, 2223
Secretary of state
academies, supervision, 2229a
census, duties, 2id, 2ih
common schools, duties relating to,
2229c
geological survey, plan for, 2384b
office expenses, 49a
records, forged, 49b
Sectarian schools, 2243
Senators
state, property qualifications, 79b
United States, 84
See also Legislature
Sentences, 363, 234g
commutation of, 366
criminal procedure, 228
indeterminate, 370
Service of process, 70s
Session laws, publication, 5
Sewerage, 2661, i02od
Shares, see Capital stock
Shellfish, 2000
Sheriff, see Counties, sheriff
Shore lands, 778
Sick and disabled, 2160
Silk culture, 1653
Slave representation in Congress,
33b
Slavery, 124
Slaves, see also Extradition
Soldiers homes, 2416
voting of inmates, 145
Soldiers monuments, 2376
Soldiers, see also Veterans
Special legislation, 88
Speculation, 1507
State
accounts, 853
agricultural associations, 1840
agriculture, boards of, 938a, 1826b
State (fiontinusd)
aid to academies, 2329
to libraries, 2357
railways, 1282
for roads, 2702
to schools, 2239
schools, higher, 2333
architect, 783
armories, 2392
auditor, 858
buildings, 779
capitol, 781
charities, boards of, 2142, 2144b
claims against, 855
claims in favor of, 854
comptroller, 38 (ic, 858
debts, 86s
departments, 79s
domain, 772
education, boards of, 2229
educational institutions, 2332
engineer, 1300, 1314^
finance, 770
health boards, 932c, 932d, 932e, 932f,
932g
hospitals for insane, I09g, 2198
institutions, blind, 2191
charitable, 2143
deaf and dumb, 2186
feeble-minded, 2218
insane, 2198
penal, 335
• insurance departments, 1733
libraries, 2354
lunacy commissioners, 2194
medicine, control of, 940
militia, 2391
officers, 38
parks, 798
printing, 67
prisons, 341
property, 772
public works, 793
publications, 67, 2355
railroad commissioners, I267e,
I267h
road systems, 2702
seal and arms, 27
secretary of, see Secretary of state
SUBJECT INDEX
State (conUnu^
tax levy, 851!
treasurer, 859
Statistics, 19, 1422!
agriculture, 1832, 1422!
labor, bureaus of, 2040a, 2040f,
2046h
vital, 938
Statutes, 2
overlegislation, 85
prei>aratioii of, 3
publication, 5
revision and compilation, 11
Steamboats, 1139, 1800a
Stock, see Capital stock
Stockholders, liability of, 506
Street railways, 1337 '
fares, 1365 ]
franchises, 1362 I
rights of way, 1359 \
Streets, 2700 i
commissioners, 2703
Strikes, 2139 j
Snffrag^e, 129 I
school, 2225 1
Summons, 705
Sunday observance, 929
Supreme courts (intermediate), 6ood
appeals to, 225a
appellate division,' 609k
districts, 6o9h
funds, 738a
judges, 33g, 6ooj, 609a, 609J, 668a,
668b, 668c, 668e
Swamp lands, 778
Sweat shops, 2082
Tax assessors, 819
collectors, 827
levy, local, 2577
sales, 829
Taxation, 800
assessment, 819
banking institutions, 843
business taxes, liquor, 908
collection, 827
corporations, 841
deeds and contracts, 835
delinquent taxes, 829
exemptions from, 810
Taxation (continued)
franchises, 845d, 845e, 84Sf
income tax, 830
inheritance taxes, 836
insurance companies, 844
municipalities, 2566
personal property, 808, 823
real estate, assessment of, 820
roads, 2713
savings banks, 844a
schools, 2240
special assessments, 2569
transmission corporations, 845
transportation corporations, 845
Teachers, 2247, 2229a
Technical education, 2342
Telegraph, 141 1
Temperance, liquor laws, 900
Tenants, 422
Tenement houses, 11 10
Tenure of office
county officers, 2518
public officers, 38(9
Testimony, see Evidence
Textbooks, 2282
Thanksgiving day, 1626
Tide lands, 778
Timber, 1890
Titles to property, 381
public lands, 777
Tobacco, 1633b
Toll roads, 2720
Tollgate licenses, 4oe, 609b
Topography, 2384
Torts, 468
Towage, 1816
Townships, 2595
jails, 349
Trade combinations, 589
unions, 2130
Trades and occupations, regulation
and licensing, 1532
Tramps, 260
Transmission corporations, taxes, 845
Transportation and communication,
1200
Transportation corporations, taxa-
tion, 845
Transportation of convicts, 353
Traveling libraries, 23S7b
N. Y. STATE LIBRARY N. Y. GOVERNORS MESSAGES 1777-1901
I
Treasurer
county, 2513b
sUte, 859
Trees, 1890
Trials
divorce, 489
new, criminal, 225
Truancy, 2270
Trust companies, 1698
taxation, 843c
Trusts (combinations), see Combina>
tions
Tuberculosis, domestic animals, ii44f,
1 167
Turnpike companies, 500a, 2720
Uniform accounts, municipal, 2583
legislation, 13
Unions, labor, 2130
United States
cessions to, 18
representatives, 83
senators, 84
Universities, 2330
University extension, 2323
Usury, 463
Vagrancy, 260
Vessels, inspection, 1139
Veterans
homes, 2416
memorials to, 2370
pensions, 2406
preference of, 38(5
See also Soldiers
Veto power, governor, 45
Vice president, 33h
Villages
incorporation, 88}
organization, 88k
See also Municipalities
Vital statistics, 938
Voters
bribing, 149
intimidation, 149a, I49d, I49n, I49r,
156
lists, 190
qualifica*tions, 2226
registration, 187
residence, 142
women, 146
Voting, 175
illegal, 155 ^
Wages, 2100
War claims, 854e, 854f, 8548. 85411,
854J
relics, 2378
Warrants, 853
Water supply, iQ2od, 2648
Waterways, 1800
Weapons, 262
Weights and measures, 1425
Wharves, 1804
Widows of soldiers, pensions and aid,
2413
Wild animals, noxious, 1856a
Wills, 431
Witnesses
civil procedure, 717
criminal procedure, 219
Woman suffrage, 146
Women
education, 222od, 2329c
institutions for, 345
as school officers, 2228a
trustees of charitable institutions,
2a4ob
Workingmen's insurance, 2128
Workshop regulations, 2044
Yellow fever, 1046
New York State Education Department
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PmbiiAed monOUy by Ou
New York State Education Department
■ULLCTOr 368
FEBRUARY ZQ06
New York State Library
Bulletin xoi
LEGISLATION 27
DIGEST OF GOVERNORS MESSAGES 1905
INCLUDING RELATED TOPICS IN THE PRESIDENT'S MESSAGE
October i, 1904 to October i, 1905
EDITED BY
Robert H. WUtten, Sociology Librarian
PAGE
Explanations 5
Abbreviations 6
Messages included 7
Principal headings '. 8
MARGINAL NO.
Uw (general) i
Constitntioiial law 15
Constitutions 30
Officers. Departments 38
Legislattire 77
Direct legislation 115
Citizenship. Civil and politi-
cal rights 116
Elections. Political parties ... 126
Cximinal law 200
Criminal procedure 203
Crimes and offenses 234
Corrections ^ 335
CSffllaw 375
Property 377
Contracts and oth— obligations 453
'^— "- 468
•• 474
•. 500
MARGINAL NO.
Industrial combinations and
monopolies 589
Administration of justice 590
Administrative law 750
Finance. Public property. ... 770
Public order 870
Public health and safety 930
Control of waters 1180
Transportation and communi-
cation 1200
Commerce and industry (gen-
eral) 1422
Banking 1679
Insurance 1 73a
Navigation. Waterways. 1 800
Agriculture 1826
Game and fish 1900
Mines and mining 2020
Labor 2040
Charities 2 140
Education. Science. Culture. 2220
Military regulations 2388
Local government 2430
Index
ALBANY
. JRK STATB EDUCATION DEPARTMENT
1906
Price 25 cents
8TATB OF nW TORE
BDUCATIOlf DBPARTMBHT
R«g«itt of tht UnlWiltf
With 7«un wh«i ttrmi «zpis«
X913 Whitelaw Reid ma. LL.D. Chancellor . . New York
1906 St Clair McKelway M.A.L.H.D.LL.D.D.CL.
Vice Chancellor Brooklyn
1908 Daniel Beach Ph.D. LL.D Watkins
1914 Pliny T. Sexton LL.B. LLJ) Palmyra
X912 T. Guilford Smith MA. C.E. LL.D Boffiilo
1907 William Nottingham MA. Ph.D. LL.D. • . SyracoM
1910 Chaklbs a. Gardiner Ph.D. L.H J}» LLJD. D.G.L. New York
1915 Charles S. Francis B.S Troy
19x1 Edward Lauterbach MA. LL.D New York
1909 Eugene A. Philbin LL.B. LL.D New York
X916 LuciAN L. Shedden LL.B "• • . Plattsburg
Commlidontr of Bdaeatlon
Andrew S. Draper LL.D.
Aaritlant CommlHloiitn
Howard J. Rogers MA. LL.D. First Assistant Commissioner
Edward J. Goodwin Lit.D. L.H.D. Second Assistant Commissioner
Augustus S. Downing M.A. Third Assistant Commissioner
SwretuT to tlio CommiMionor
Harlan H. Horner BA.
Director of Stats library
*Edwin H. Anderson M.A.
Director of Scionco and State M a
John M. Clarke Ph.D. LL.D.
CUeli of Dtvidona
Accounts, William Mason
Attendance, Jambs D. Sullivan
Examinations, Charles F. Wheelock B.S. LLJ>.
Inspections, FkANK H. Wood MA.
Law, Thomas E. Finegan MA.
Records, Charles E. Fitch L.H.D.
Statistics, Hiram C. Case
Visual Instruction, DeLancey M. Ellii
iBecame Director January i, 1906.
State Library Albany N. Y, October 17, 1905
Hon, A, S. Draper
Contntissioner of Education
Dear sir: The annual Digest of Governors Messages, the fourth
<A its series, is transmitted herewith and recommended for publica-
tion.
As a contribution to better organization of material for com-
I>aiatxve study of state government and laws the State Library
issues three anntial bulletins: Digest of Governors Messages, Index
of L^jislation, and Review of Legislation.
The Digest of Governors Messages is a topical digest covering
an the states and includiag related topics in the President's mes-
sage. The Index of Legislation is a minutely classified brief sum«
xnaiy or index of new laws passed by all the states, including votes
on constitutional amendments and decisions declaring statutes
unconstitutional. The Review of Legislation contains contribu-
tkms from specialists in all parts of the country reviewing governors*
reconmiendations and laws enacted on each important subject.
lliese three closely related annuals are bound together to form
the Yearbook of Legislation.
Melvil Dewey
Director
A^ppraued for publication October 25, 1905
^xS^:6
Commissioner of Education
New York State Education Department
New York State Library
Melvil Dewey Director
Bulletin xox Legislation 27
DIGEST OF GOVERNORS MESSAGES 1905
INCLUDING RSLA.TBD TOPICS IN THB PRESIDENT'S MBSSAGB
October z, 1904 to October z, 1905
EDITBD BY
Robert H. Whittea, Sociology Ubrarian
EXPLANATIOHS
Scope. The digest includes all regular messages and all special
messs^ies recommending legislation. Veto messages and mes-
^^ges merely transmitting documents are not included. Topics
*ii the President's message related to those with which the states
bave to deal are also included. As the journals of but few of the
states are received in time for use, we have to rely on the execu-
tive department of each state to furnish lists and copies of the
Method. The attempt is made to include all definite recom-
mendations concerning legislation made by the governors in the
messages. Leading sentences or paragraphs are taken to show all
important recommendations. These excerpts are alphabeted by
state under each topic. A mere index entry is given at the begin-
ning of each topic for recommendations of minor interest and
for general or n[iiscellaneous remarks or comment. A great many
of these index entries will be found under each important sub-
ject such as Labor, Agriculture, Schools etc. In most cases when
coming under these very general heads they stand for a few very
general conmients or a number of miscellaneous facts or statistics.
Citations. The citations give state, governor, day, month and
year of message, and inclusive paging. The abbreviations used
N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
are given below. Many special messages are received in manu-
script form and no page reference can be given.
Classification. The classification of the digest is the same as
that used in the Index of Legislation and will continue tinchanged
from year to year, except for insertion of new headings necessitated
by new subjects of legislation. The numbers assigned to headings
will also remain unchanged so that readers can follow recommenda«
tions and laws on any subject by looking under the same margina
number in each bulletin. The numbering corresponds to the
consecutive numbering of headings in our card index of legislation
1890 to date. Where there are no recommendations this subject
ntunber is skipped. \
ABBRSVIATIOHS
Mmtlis
Ja
January Ap
April
Ji July
0 October
F
February My
May
Ag August N November
Mr
March Je
June
S September D December
States and temtorks
Ala.
Alabama
Neb.
Nebraska
Ari.
Arizona
Nev.
Nevada
Ark.
Arkansas
N. C.
North Caxx>lina
Cal.
California
N. D.
North Dakota
Col.
Colorado
N. H.
New Hampshire
Ct.
Connecticut
N.J.
New Jersey
Del.
Delaware
N. M.
New Mexico
Fla.
Florida
N. Y.
New York
Ga.
Georgia
0.
Ohio
la.
Iowa
Okl.
Oklahoma
Id.
Idaho
Or.
Oregon
111.
Illinois
Pa.
Pennsylvania
Ind.
Indiana
R.I.
Kan.
Kansas
S. C.
South Carolina
Ky.
Kentucky
S. D.
South Dakota
La.
Louisiana
Tenn.
Tennessee
Mass.
Massachusetts
Tex.
Texas
Md.
Maryland
U.
Utah
Me.
Maine
Va.
Virginia
Mich.
Michigan
Vt.
Vermont
Minn. Minnesota
W. Va.
West Virginia
Miss.
Mississippi
Wash.
Washington
Mo.
Missouri
Wis.
Wisconsin
Mon.
Montana
Wy.
Wyoming
MESSAGBS INCLUDED IN THE DIGEST
M£SSAGSS IHCLUDED HI THE DIGEST
Period covered, October x , 1904, to October i, 190$. In many states when
there is a change of governors a message or address is sent or delivered to
the Le^latnre by both the outgoing and incoming governor. In the follow-
ing where messages by different governors are listed for the same or very
near dates, the first is the message of the outgoing governor and the second
that of the incoming.
STATmS AND
TBMUTOKIB6
GOVBHKOR
SUBJSCT OP 8PBCIAL
MB88AOB
Araona [Alexander O. Brodie.
ArkaasM t Jefferacm Davis
California iGeorge C. Pardee....
CtAar»A% * 'James H. Peabody. . .
-.^-^rranwo -^ , Alva AdaxDs
CiMmactaeut Henry Roberts
Delaware ! John Hunn.
Florida |n. B. Broward
Geoncia. I J. M. TerreD
Idaho Prank R. Gooding...
Richard Yatea
Chaxles S. Deneen. . .
Wlnfield T. Dtttbtn. .
J. Prank Hanly
E. W. Hoch
J. C. W. Beckham.
w
J
Kentucky.
Maioe
Massachusetts..
Mirhigan.
Minaesota.
HisBouri
Montana
Nebraska
Blevada. ...... . .
New Hampshire.
New Mexico
New Jersey
William T. Cobb.
William L. Douglaa. .
Aaron T. Bliss
Fred. M. Warner
S. R. Van Sant
John A. Johnson . . .
Joseph W.Polk
Joseph K- Toole
John H.Mickey
John Sparks
John McLane
Miguel A. Otero
Pranklin Murphy. . . .
Edward C. Stokes. . .
New York Frank W. Higgins .
North CaroHna.-;
Northn)akota \
Oklahoma
Ofesott.
Peansylvan^
Rhodeldand... J
Sooth Cart^na. . .
Sonth Dakota.. J
Temessee.. .
Texas
Utah
Vermont
Waahinuton. . .
Charles 6. Aycock
K. B-GlenT) ,
■Frank WhiU
\B. W SarlpR,..
iTho^rjpwui B. Fe-ri?uson. .
Ceorgf E rii4inbeiiain. . .
iS^ntj^I^W. Ptnn>-packer..
Lticini F. C, flarvin
Gcj^-rei? H. ViUt
D. C. Hc^TrRr<J
Charles N. Herrdd
Samuel H. Elmd.
Jafoes B. Fraij*r.
k W. t. Lanhatn.
TohnC Cytlw. .,
Jph-a r,. McC^IlcKuirh
,CKarlM J. Bdl . _
I HeTirv lleBiid'^.
Albert E, Mead
,> OS
-,a 05
9, a OS
10 , a OS
13 /a OS
o'Mr 05
ro 11 OS
4 My OS
46
51
6x
SO
8
39
z
s6
so
as
3S
60
8
54
37
34
4
14
SO
14
4
34
13
36
3Z
6
z6
7
»4
34
30
3X
36
36
34
39
30
18
33
13
30
ss
30
s
X4
30
33
3a
43
31
8
13
39
Judgment Uena
Location of capital
Finance and taxation
Prison at Charlestown
Timber lands andTmin-
eral leases
Control of water'sup-
„piy
Forest prckerve
Insurance investiffation
Taxation of savings
banks
I
N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
MESSAGES IlfCLUDBD IH THE DIGEST ^Concluded)
STATES AND
TBRRITORIBS
GOVBRNOR
DATS
PAGB
SUBJECT OF SPBCIAL
MBS8AOB
West Virginia...]
Albert B. White
II Ta OS
4 Mr OS
la Ja OS
la Ap OS
so Ap OS
ts My 05
6je OS
11 Ja OS
86
8
a6
W. M. 0. Dawson * *
Wisconsin
Robert M. LaPoUette
B. B. Brooks
Franchise to dam tiavi-
nblestraam*
Railroad acddents
Lobbirinff
State railway oommii-
sion
United States. .. .
Theodore Roosevelt
6D 04
40
Maignal
no.
X
2
3
4
5
zo
II
PRINCIPAL HEADINGS
LAW (GENERAL)
Statutes
Preparation of statutes
Time of taking effect
Publication of session laws
Codification
Revision and compilation
CONSTITUTIONAL LAW
Jurisdiction
15
17 Boundary.
19 Statistics
30 Constitutions
32 Revision
38 Officers. Departments
60 State institutions
67 Public documents. Printing
77 Legislature
95 Internal organization
105 Legislative procedure
113 Sessions
I IS Direct legislation
116 Citizenship. Civil and political rights
126 Elections. Political parties
129 Suffrage: qualifications
134 Nationality. Race
137 Suspension of right. Disqualifications
146 Women
147 Minority representation
148 Majority or plurality vote
149 Corrupt practices. Election offenses
160 Nominations. Parties
170 Districts. Notices. Days
175 Ballots. Voting
187 Registration
192 Election officers
194 Canvass. Contests
PRINCIPAL HEADINGS
aoo CRIMINAL LAW
aoa Ciiacdnal piocodure
9i6 Cnminal txials
aa4 3^<^S'^ii^<cnt. Sentence. Execution
233 Cxixmnal jurisdiction
234 Climes and offenses
936 Cranes gainst the goveniment
sS6 Cranes against pabHc order and security
a64 Crimes against pubHc morals and the family
393 Crimes against persons
335 Corrections
341 State prisons
343 Reform schools and reformatories
35a DiscipHne. Instruction. Care of sick
353 Commitment. Transportation. Trmosfer
354 Convict labor
361 Criminal insane
363 System of sentencing and reform
375 CIVIL LAW
377 Property
379 Real property
39a Conveyance
400 Personal property
405 Liens and mortgages
4a6 Administration of estates
453 Contracts and other obligations
467 Suretyship
468 TorU
474 Family
476 Marriage
4S0 Divorce
496 Support of family
500 Corporations
5S9 Combinations and monopolies
590 Administration of justice
591 Practice of law
600 Courts
605 Supreme courts
609 Intermediate courts
645 Inferior courts
657 Court officers
695 (Hvil procedure
697 Legal notices
7a6 Jury. Verdict
7$o ADMINISTRATIVE LAW
770 Finance. Public properly
77s Domain. Property
774 Public lands
779 Building^. Property and supplies
793 PubHc works
N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
800 Taxation (general)
8x0 Exemption from general property tax
8x9 Assessment
825 Review. Equalization. Adjvistment
827 Collection
829 Delinquent taxes. Tax sales. Redemption
830 Income tax
833 Business taxes. Revenue, license or privilege taxes
835 Tax on deeds and contracts. Pees
836 Inheritance tax
841 Corporation taxes
842 Incorporation and license fees and taxes
843 Banking institutions
844 Insurance companies
845 Transportation and transmission corporations
846 Mining
847 Customs
849 Budget
853 Accotmts. Methods generally. Collection of moneys. Warrants
865 Debts. Bonds
868 Deposits and depositories
870 Public order
872 Police
874 State and county police
875 Municipal police
877 Miscellaneous police regulations
879 Amusements
895 Cruelty to children and animals
900 Intoxicating liquors. Narcotics
927 Mob violence
929 Sunday observance
930 Public health and safety
932 General supervision
934 Local boards and officers
936 State laboratories
938 Vital statistics
940 State control of medicine
943 License to practise
952 Sale of drugs
956 Adulteration. Inspection of articles liable to affect public health
961 Milk and milk products
972 Other articles of food and drink
X020 Communicable diseases
X065 Nuisances (general). Miscellaneous health regulations
1090 Public safety
1092 Fires
1099 Buildings: sanitation and safety
1XX3 Floods
X X 2 4 Miscellaneous
XX44 Communicable diseases of animals
1 180 Control of waters
PRINCIPAL HEADINGS
1 200 Transportation and commmiication
1304 Rates. Discrimination
1337 Passenger rates
1338 Race distinction
X340 Miscellaneous. Common carriers
1367 Railways. Car companies. Express
1337 Street railways
1384 Canals
1388 Ferries. Fords
1393 Bridges. Tunnels
14 1 1 Telegraph and telephone
1422 Commerce and industry (general)
1435 Weights and measures
X464 Adulterations and imitations. Branding. Inspection
1S08 Warehouses. Markets
1532 Regulation and licensing of trades and occupations
1630 Encouragement of industries
1679 Banking
1698 Trust and safe deposit companies
1708 Savings banks
1715 Mortgage, loan and investment companies
17x8 Building and loan associations
1733 Insurance
1 754 Life and accident
1763 Accident, health and industrial insurance
1764 Fire and other casualty
1795 Surety and guaranty companies
1800 Navigation. Waterways
1826 Agriculture
1844 Horticulture. Diseases and pests ^ /; '^
1854 Weeds
1856 Noxious animals. Botmties
187s Domestic animals
1890 Forestry
1900 Game and fish
X909 Game
1959 Fish
3030 Mines and mining
2040 Labor
208s Hours
2113 Employment
2135 Employers' liability. Insurance
3134 Labor disputes
3140 Charities
3149 ^^^^ reUd
3x6o Sick and disabled _
3173 Children
3183 Defectives
3184 Jyesd and dumb
3188 BHnd 4
1
N. Y. STATB UBRARY GOVERNORS MESSAGES I905
2193
Insane
aaio
Epileptics
aai5
Feeble-minded
2230
Education. Science. Culture
2993
Elementary and secondary education
a237
General school finance
9246
Negxx)es
9247
Teachers
9267
Attendance
2277
Students. Discipline
9282
Textbooks. Supplies
9288
Curriculum
93x6
Special kinds of schools
23^7
High schools and academies
•330
Higher education
234«
Professional and technical education
2352
Libraries
2354
State libraries
2356
Free public libraries
•363
History. Records. Memorials
2370
Memorials. Monuments
9379
War records
2380
Scientific work. Art
9388 Military regulations
939 X
Militia. National Guard
2406
Pensions and relief
24x6
Soldiers homes
2430
Local government
2432
MunidpaHties
2438
Organization. Powers generally
2473
Municipal dvil service
2493
County and township government
250X
Governing body
25x2
County dvil service
2526
Townships. Towns
2550
Local finance
2575
Budget. Accounts
2597
Debts. Bonds
2600
Deposits and depositories
2603
Fire department
2630
Public works. Public improvements
2627
Munidpal utilities (general)
2633
Elcctridty. Gas
2648
Water
266X
Sewerage. Garbage
2679
Parks. Public grounds.
2700
Roads. Streets
lAW (GEimSAL)
Statutes
5e# also 85. Overlegislation; 88, Special laws
CaL Pardee. ". . . every needless law enacted is a detximent, and
the making of many minor changes at frequent intervals is to be
deprecated. A more thorough revision at greater intervals would be
much better." 2 Ja 05, p.s
Ct Roberts, "The written laws of the state, enacted at various
times, for the accomplishment of some definite objects, not infre-
<)uently contain provisions which operate afterwards in a way not
anticipated at the time of their passage, and serve purposes other
than those originally contemplated. It is not improbable that
statutes intended at the time of their enactment to protect individual
interests and to prevent harmful neglects, having effected their pur-
pose, for the most part by their influence and not by their enforce-
ment, may be today more oppressive than protective, and the remedy
which they provide more a means for individual advantage than the
correction of a real evil. . . " 4 Ja 05, p.2i-aa
Mass. Douglas. "I wish to urge upon you at the outset the avoid-
tt&ce of so called class legislation — that is, legislation calctdated to
benefit one portion of our citizenship at the expense of another. In
its broadest and most emphatic sense, no general legislation should
be enacted that does not distribute burdens and benefits equally
upon all." 5 Ja 05, p.3-4
Preparation of statutes
Cal. Pardee. "I especially advise the utmost care in the framing
of statutes to avoid technical defects, which will defeat their purpose.
Two years ago I felt obliged to refuse to sign a number of bills,
otherwise meritorious, which were so faultily framed that it would
not have been safe to let them become laws." ^ Ja 05, p.5
DeL Hunn. "... Experience has amply demonstrated that
laws are not only carelessly, and often ambiguously drawn (in fact,
even jrarposely so) to the great discredit of the General Assembly
itself, but that they involve thereby the very peace and welfare of
the people. . . With a session of 60 days only, the practice of
short daily sessions, and, only those of three or four days in a week,
leads of necessity to ill-considered legislation, and through the hurry
and congestion of the closing hours of the Legislature, to even fraud
itself. It is also a serious question whether the present
procedure employed in the preparation, the passage and the enrol-
ment of bills, should not be carefully revised. Certainly, greater
care and attention should be given to the matter of enrolment of bills
for the sake of accuracy in the publication of laws, and the prevention
of fraud." 3 Ja 05, p.4
Statutes
3 N. Y. STATE LIBRARY GOVERNORS MESSAGES I9OS
c Ind. Durbin. "Experience in the consideration even of the com-
pleted legislation of two General Assemblies impels me to the sug-
gestion that greater care should be required not only in the formula-
tion of bills, but in rendering it certain that no important measure
shall find its way to our statute books, in the hurry and confusion of
a session, involving unforeseen results to the people of the state.
In several states an effort has been made to provide for more careful
preparation of legislative bills through the appointment of official
draftsmen, whether from within or without the membership of the
Legislature. A small committee of able and experienced members,
selected from the membership of the House and Senate, could render
service of the highest value to the state by revising the phraseology
of such bills as have been favorably reported from committee, calling
attention to features palpably unconstitutional, and, most important
of all, attaching to each bill a clear and concise statement of the pur-
pose and effect of the proposed legislation, to be read whenever the
bill is brought before either house for action." 6 Ja 05, p.39
d Mich. Bliss. "Indefinite and poorly worded laws are indef enable.
Bills are introduced without proper consideration and many times
passed without having taken on the form they should assume if worthy
to become the law of the state. Definite provision should be made
for the examination of legislative bills before the state is burdened
with the expense of their consideration, and the people can well afford
to defray whatever expense may be necessary to secure this examina-
tion. Such a plan would result in legislation not only more under-
standable, but less in conflict with kindred laws already in operation
and less liable to meet an early death at the hands of the courts."
5 Ja OS, p.3-4
e Mich. Warner. '* Continuous trouble, much expensive litigation,
and great injustice to the interests of the people of this state are
occasioned by carelessly drawn legislative enactments. Every possi-
ble effort should be made to g^ard against the defects of careless con-
struction of biUs. . .'• 5 Ja OS, p. 13
f Pa. Pennypacker. "It would be an advantage if the houses had
cotmsel charged with the duty of ascertaining the relation of pro-
posed legislation to existing laws, and of seeing that legislation is so
expressed as to accomplish the object intended. It is not to be ex-
pected that legislators should have technical training in law, and it
is fair to them that they should be supplied with such assistance. At
the last session, several meritorious acts were necessarily vetoed
because of imperfect construction." 3 Ja 05, p. 13
g Wash. Mead. " I would most respectfully urge upon you the neces-
sity of having your bills carefully drawn by competent coimsel or
advisors with the purpose in view of avoiding constitutional objections
and thereby saving the state the confusion and expense of acting for
a time tmder a law of doubtful validity." 11 Ja oS, p.i8
h Wash. Mead. "I am heartily in favor of the system followed in
some of otir sister states whereby the Legislature, by two thirds vote,-
may submit any bill under consideration by that body to the judg-
LAW (general)
ment of the Supreme Court, and \mder the law it is made the duty of
the Supxexne Court to at once determine its validity and so report
to the Legislature. . . " ii Ja 05, p.19
^ Time of taking effect ' ifj
L Mich. Bliss. * ' Again I warn against the unjust and ahnost criminal
practice of giving immediate effect to laws when the eme];^ency con-
templated in the Constitution does not exist." 5 Ja 05, p.3
b n. M. Otero. ". . . Changes were made in the civil and crim-
inal prooedtire and in general legislation that took effect immediately
after th^ adoption, while the laws were not printed and distributed
until several months afterwards. In the interval, court was held in
neatly every district and neither court nor counsel knew what the
exact changes and new legislation were. I urge, therefore, that you
do not place any laws upon the statute books to go into effect imme-
diately upon passage, but give ample time for the knowledge of them
to reach the people, except where it is absolutely essential that an
act go into effect inmiediately, such as the revenue act or an act for
the relief of immediate wants and necessities." 16 Ja 05, p. a 7
-c Wash. Mead. "You will be urged in many instances to invoke
the provision of the Constitution requiring an emergency clause to
be attached so that the bill may become a law at once. . . It is a
, matter of common knowledge that the interests of the people are best
subserved by the delay of the 90 days intervening between the
adjournment of the Legislature and the date on which the acts take
effect. . ." II Ja 05, p. 18
5 Publication of session laws
S Indexes
a H. B. Sarles, 4 Ja 05, p.4. v
10 Codification^ 1
a CaL Pardee. **. . . It is now more than 30 years since the codes
were adopted, the principal object at the time being to rescue the
law from the imoertainty of many conflicting statutes and decisions.
It was recognized that there were objections to the code system, and
in practical operation it does not realize all that was claimed for it
by its advocates; but it has been a great improvement upon what
existed before, and no one proposes its abandonment. . ."
* Ja oSf P-^
11 Revision and compilation
a Ind. Durbin. Report of the Codification Commission. 6 Ja 05, p.9
b Mich. Bliss. Recommendation renewed for a revision and better
arrangement of statutes. 5 J& 05, p. a 4
c Mo. Polk. "There is urgent necessity for the revision of the
statute laws of our state. Revisions heretofore made have been done
hastily, with the result that the statutes are full of contradictions,
causing tmcertainty as to what the law is. . ." 9 Ja 05, p. 14
4 H. M. Otero. **I regard it of the greatest importance at this time
that the laws of the territory should be revised. . ." 16 Ja 05, p.a
1941 N. Y. STATE UBRAKY GOVERNORS MESSAGES I905
15 COSSnTUnOKAL LAW
This and 750, Administiative law. make up what is commcmly known as the Political
Code
z7 Boundaiy. Jurisdiction
a Neb. Mickey, Iowa and South Dakota boundaries, 5 Ja 05, p. 7.
n. M. Otero, boundary line, 16 Ja 05, p.30. S. D. Heneid, State
Boundary Line Commissioners, 3 Ja 05 , p.3 2 . Vt McCullough, bound-
ary line between Vermont and New York, 6 O 04, p. 17-1 8. W. Va*
White, boundary line monuments, 11 Ja 05, p.56-58.
b Del. Himn. New Jersey boundary controversy; compromise rec-
ommended. 3 Ja 05, p.25-26
X9 Statistics
Se4 also 9381 Vital statistics
a Cal. Pardee. **. . . I recommend that the scope of the statis-
tical work done by this Bureau [of Labor Statistics] be enlarged
sufficiently to enable it to collect statistics of marriage and divorce and
also of crimes, which could be accomplished at small expense, by re-
quiring the cooperation of coimty and city officers." 3 Ja 05, p.46
b S. D. Herreid. '*. . . Provision should be made for compre-
hensive statistics relating to the resources and development of the
state, and I believe these can best and most economically be obtained
through the assessment officers, by having the schedules prepared
and the work performed imder the general supervision of the Depart-
ment of History." 3 Ja o5. p.3»
io Bureaus of statistics
a U. Cutler. State Bureau of Statistics. 10 Ja 05, p.4i-4»
ax Census
a Fla. Broward. *'In accordance with section 5 of article 7 of the
Constitution, it becomes your duty to provide for the enumeratioo
of all the inhabitants of the state by counties during this year."
4 Ap 05, p.49
b Mich. Bliss. ''As a means of substantially decreasing public ex-
penditures I recommend that an amendment be submitted repealing
the constitutional requirement for the taking of a state census. The
federal census supplies all the information needed in this dixectioD
and at frequent enough periods." S Ja oS, p.8
c If. Y. Higgxns. "The Constitution of the state [art. 3, § 4] pro-
vides that an enumeration of the inhabitants of the state shall be
taken, under the direction of the Secretary of State, in the months
of May and Jime, 1905. Since 1875 no complete census has been
taken by the state, although in the years 1855, 1865 and 1875 the
census was taken in a complete and thorough manner. The enumera-
tion of 1892 was simply a count of the inhabitants of the state for the
purpose of redistricting the state for the election of senaotxs and
30
CONSTITUTIONAL LAW DEPARTMENTS jt.38
TDembexs of Assembly. The value of a complete census is imdoubt-
edly great, but such a census would cost at least |6oo,ooo, while a
mere enmneration could be had for about |a 50,000. . . I am of the
opimon .that the state should conduct the enumeration at this time
at the lowest posdble cost consistent with accuracy and thorough-
ness. • .'• 4jaoS,p.7
Or. Chamberlaxn. **. . .1 urge . . . that our midway census
law be amended and modernized, and that either the Secretary of
State or the Commissioner of Labor be authorized to oooi)erate with
the federal authorities under the act of Congress referred to, to the
end that the census of the state, when taken, may be of some value
from a statistical standpoint, and time and money saved in the
preparation thereof." 11 Ja 05, p.S3
S. D. Eliod. "The Constitution requires that a census shall be
taken in the year 1905, and to the end that it may be done economic-
ally, consistent with efficiency, we recommend that the Secretary of
the State Historical Society be made ex officio Superintendent of
Census; and that said census be taken by the assessors . . . imder
the supervision and direction of the said superintendent."
3 Ja OS, p.4
Constitutions
3a Revision
a Ct. Roberts. "I desire to call your attention to the injustice in-
volvedj^in the provision in the amended Constitution, upon which you
win act, that provides that a majority of the electors voting can not
call a constitutional convention." 4 Js 05, p.3
•b Mich. Bliss. "It is to be regretted that even though the electorate
by a majority of 45,105 declaied in favor of the revision of the Con-
stitution, the constitutional requirement of a majority of all those
voting at the election was not obtained. . . The Constitution should
be revised and made to conform to the progress of the times. . ."
5 Ja 05, p.7
•c H. J. Murphy. "It is now more than 60 years since there has
been a constitutional convention in this state. Amendments were
made by vote of the people upon recommendation of a commission in
187s, and upon legislative resolution in 1897. . . A representative
constitutional convention should besimunoned. . ." xo Ja 05, p.zS-zp
d Vt McCullough. Calling of a constitutional convention opposed.
6 O 04, p.30
Officers. Departments
Deportments of agriculture are claadfied under Agriculture, departments of educa-
tion under Education, etc.
Col. Peabody. "My experience during the past biennial period
has convinced me that the duties imposed upon the executive officers
of the state government as members of the State Land Board and
g N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
Board of Equalization can not be thoroughly and intelligently carried
on by those officers. . . I thexefote suggest for your consideration
a constitutional amendment providing for the appointment of a boaxd
of three members who shall act as the State Land Board and Boaid of
Equalization." 6 Ja 05, p. 18
b Ct Roberts. ". . . It is generally conceded that this method
of management and direction of state affairs [by state commisaoners]
is the most judicious way to carry on the same. Whether or not it
would be advisable, in some instances, to consolidate the business of
some of these commissions, tending to a matter of economy, is one
that is worthy of thought and consideration. At any rate, I do not
hesitate to affirm that there is at present no need of, nor should there
be created, any additional commissions." 4 J& 05, p. 17
c Hon. Toole. The election of all important officers (now appointed)
by the people recommended. 2 Ja 05, p.4
d K. J. Stokes. "Good government is not only the desire of the
people, but a just obligation imposed upon their officials. It de-
mands that useless offices be abolished ; that state boards, unnecessarily
large, be reduced; that public officials render full service for the com-
pensation they receive; that the system of abolishing fees in public
office, so auspiciously begun, be extended as far as possible through-
out the state, and that a spirit of wise economy pervade our
councils. . ." 17 Ja 05, p.a^
f Tex. Lanham. "I direct attention to the plank in the democratic
platform relating to nepotism. . . If the public service is now,
has been or shall hereafter be impaired or imperiled by the wrongful
selection of incompetent clerical employees on accotmt of their rela-
tionship to those appointing them, it is a subject in which the people
are concerned and an appropriate one for legislative consideration. . ."
12 Ja 05, p.io
g T7. Cutler. "In my opinion there exists an urgent necessity for legisla-
tion covering the composition of state boards, both those which deal
with general public matters, and those affecting special interests. As
now composed, some of these boards are wholly partizan.and some are
bipartizan. Some are in a position to be in harmony with the state
administration which the people have placed in power, and some are
not. Some are amenable to criticism from public sentiment and
from an elected source, and some are practically independent of
either. . . Every board should be so arranged that in the admin-
istration of the state's affairs there can be majority control, the
majority being on the side of the political policy which in its state
administration has received the indorsement of the electors at the
polls. . . I recommend that the maximum term be four years,
and that the time of appointment be made to coincide with each
incoming state administration, so that the state officers elected by the
people, and the state boards that will work with them, may be in
perfect accord in period of service and in policy pursued. When it
comes to meeting the argument for a lapping-over of terms. I believe
CONSTITUTIONAL LAW DEPARTMENTS 3g(j
the appointive power of the state, whkh consists of the ExecutiTe
and the honorable Senate, is abtindantly able to determine, as
occasion requires, how many and what officials should be retained for
further service. As to appointive officers under the state
administration, I recommend that the commencement and closing
of their terms be made practically contemporaneous with the opening
and closing of the terms of the general state officers. . ."
lo Ja OS, p.a5-27
3S(x Civil sernce examination
a Col. Peabody. "The several departments of our state government
can be more efficiently and economically carried on tmder the princi-
ples and rules of civil service as applied to various departments of our
national government than through the channels of political prefer-
ment and influences. . . Our school system and the Department
of State Engineering and Irrigation should be conducted on a nonpar-
tisan basis." 6 Ja 05, p. 16-17
h IlL Deneen. " . . . Civil service laws are no longer looked upon
as experiments. They are in successful operation in most of the Eu-
ropean governments and in many of our states. . . The people will
expect you to carry out their will in this regard.'* 9 Ja 05, p.a
e HI. Yates. Recommendation in regard to merit system renewed
with the modification that heads of departments and state institu-
tions should have absolute and unlimited power of removal.
4 Ja OS, p.6-9
d Kan. Hoch. Merit system commended. zo Ja 05, p.5
e Mass. Douglas. "I recommend that the civil service law, giving
equal opportimity to all citizens for admission into and promotion in
the dvil service, shall be extended, to the end that all salaried ap-
pointive positions to which the purposes of the law may be found ap-
plicable, in the commonwealth, in the cotmties of the commonwealth,
and, with the consent of the mayors, in cities, may from time to time be
included within its scope. Many of these positions can not now be
placed under the civil service rules without an amendment of the law."
5 Ja OS, p.44
f H. Y. Higgins. "The Society for the Reformation of Juvenile
Delinquents in the city of New York ... is essentially a state
agency and the civil service provisions of the Constitutions should be
applied to the appointment and promotion of such employees, as a
condition precedent to the further receipt of state aid."
4 Ja OS, p.23-24
g Wis. La FoUette. ". . . I recommend the enactment of a civil
service law which shall be applied to all employees in the service of the
state, the counties and the cities, outside of the elective officers and
such subordinates as may necessarily sustain confidential relations
with their chiefs. . . Based upon a study^of the experience
of other states, the conclusion is reached that in Wisconsin there should
be a state civil service commission, appointed with the approval of the
Senate; that the municipal commission of Milwaukee should be
38(3-38(6 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
abolished, and that the state commission should cooperate with the
city government and with the heads of all the state departments and
state institutions, as is done in Massachusetts and in the federal ser-
vice, in the examination and selection of public servants on the basb
of merit and fitness; there is one point of weakness in the civil service
laws which Wisconsin should profit by and correct. . . The ap-
pointing officer at the head of the department must necessarily have
the power of promotion, removal, suspension, and discipline without
appeal to the state commission, but this power can be used oppres-
sively, and the employee with a real or fancied grievance is tempted
to go outside and seek the help of politicians, influential friends, or
private associations in bringing pressure to bear upon his superior
officer. The only way to meet this fault is to provide for a recognized
grievance committee, composed of subordinates and selected solely
by the subordinates, to investigate all complaints of their fellows, and
if they indorse them, to bring them before their superior officers, or
before persons designated by him, for conference and arbitration. . ."
12 Ja 05, p.76-78
38(3 Local
a N. Y. Higgins. " The civil service law provides . . . that the
State Civil Service Commission may from time to time extend the clas-
sification to the other civil divisions of the state whenever practicable.
This discretionary power has been exercised in but one instance, when,
in June 1900, the classification was extended to the county service
of New York, Kings, Queens, Richmond and Erie coimties. . .
In the smaller counties of the state where the employees are few in
nvunber and where the fee system prevails, there is difficulty in apply-
ing the merit system effectively , but in these larger counties [Albsmy,
Monroe, Oneida, Onondaga, Orange, Rensselaer and Westchester]
there seems no reason why the merit system should not profitably be
extended to comply with the mandate of the Constitution."
4 Ja OS. p.aj
38(3 Oath. Installation
38(4 Bonds, Sureties
a R. D. White "I believe it would be to the advantage of the state
if all officers and their deputies should be required to give surety com-
pany bonds to be paid for by the state, this especially in the case of the
State Treasurer and his deputy. It would r^ult in the officers being
untrammeled by i)ersonal obligations to their bondsmen and better
service would result/* 4 Ja 05, p. 17-18
38(6 Qualifications
a CoL Peabody. "A word of praise for women is in order when sum-
ming up the good in the administration of state affairs. Women
conducting our Traveling Library Commission have carried on suc-
cessfully a new but excellent labor of education. Women have ex-
ceptionally well managed the affairs of our public schools, state library
dairy and horticultural departments, and other branches of the service
of the commonwealth. Public-spirited women on our charities
CONSTITUTIONAL LAW DEPARTMENTS 38(7-38(8
board, on the boards conducting the dependent children's school,
Agricultural Collie, Girls* Industrial School, and, in fact, in practically
every department and institution of the state, have raised the moral
tone and maintained or increased the efficiency in the various lines of
work in which they have interested themselves." 6 Ja 05, p. 16
38(7 Beports
a S. M. Otero. ' * I recommend that you pass an act that all officers,
boards and commissions who are required to make reports to the Gov*
emor, Superintendent of Public Instruction, the Legislature, or any
other person, [shall] do so at the close of each fiscal year, and providing
that a failure to do so within x 5 days after the dose of the fiscal year,
should subject the party so failing to removal from office by the Ex-
ecutive, and a heavy fine to be collected from him and the sureties
on his bond, upon proper suit being brought." 16 Ja 05, p.20
38(8 Salaries. Fees
a Ct. Roberts. "It is well known that the salaries of the [state]
officers are very small in comparison with those of other states, and are
hardly adequate for the labor performed and the responsibility as-
sumed, and that in many instances subordinates to these officers are
receiving greater compensation than the officers themselves. . ."
4 Ja 05, p.i6
b Ke. Cobb. ''I . . . recommend that the fee system, so called,
be abolished. . ." SjaoS, p.n
c Mich. Warner. "... A system has gained prevalence, especially
in the capitol building, of paying practically every clerk $1000
per year, regardless of length of service, previous experience,
or the nature of the work performed. Under this system a majority
of the clerks are paid higher salaries than they should receive. On the
other hand, no derk in the departments can be paid more than $1000
per year, no matter how efficient he may be, nor how responsible a
position he may fill. This I believe to be radically wrong. . . I
believe legislation should be provided reqtiiring the respective heads
of the departments to properly grade the salaries of the employees. . ."
5 Ja 05, p.4
d H. M. Otero. *' I recommend that the commissions on Hquor and
gaming licenses should be taken from the commissions of the assessor
... or better still, that county officials be placed upon straight
salaries. . . Unless this is done, I recommend in the matter of fees
in the office of coimty collector and ex officio treasurer, that a plan
similar to the federal regulation be adopted, establishing a maximum
salary limit, and all fees in excess of that amount to be turned into the
coimty school fund. . ." 16 Ja 05, p. 12
e H. I). White. "I would recommend that an investigation of the
clerk hire needed in the various offices be made, and the salaries of
each deputy and derk be fixed by law. The present plan of allowing
a fixed amount for each office results in a wide variation in the salaries
and has caused considerable dissatisfaction." 4 Ja 05, p. 18
OoFemor
38(d-40 ' ^- Y- STATE LIBRARY GOVERNORS MESSAGES I905
f Or. Chamberlain. "The platforms of all parties at the last state
election declared in favor of placing all state officers on fixed salaries,
and the payment of fees, if any, earned by them into the state
treasury. . . Several acts were introduced at the last session looking
to the fulfilment of these platform utterances, but nothing resulted
therefrom, and these pledges remain unperformed. . .'* 11 Ja 05, p.35
g Pa. Pennypacker. "There are still some of the departments of the
government of the commonwealth which are, to a certain extent, sup-
ported by the fees collected and these are received, in whole or in part,
by the incumbents. . . All officials should be paid proper com-
pensation for their services and all collections made by them should be
paid into the treasury for the use of the commonwealth."
3 Ja OS, p.14
38(9 Tenure of office. Discipline
a N. M. Otero. "In order that the pubUc business be given proper
attention at all times and that all territorial officials be equitably
treated, I recommend that you pass a law providing that such ofl&dals
be permitted to leave their offices, during office hours on week days,
only after obtaining a permit from the Governor, and that the total
vacation period shall not exceed 30 days in any calendar year. . ."
16 Ja 05, p.iS
b S. C. Heyward. "In this connection I shall submit a recommen-
dation which I deem most important. For many reasons it would be
wiser and better to have all of your state officers elected for a term of
four years, not allowing them to succeed themselves. . . The ex-
pense and necessary neglect of duty incident to conducting a campaign
every two years is alone almost sufficient reason for the proposed
change, and the people should also be spared the loss of time and the
inconveniences of too frequent campaigns. . ." 10 Ja 05, p. a 8
c U. S. Roosevelt. "There is no objection to employees of the gov-
ernment forming or belonging to imions; but the government can
neither discriminate for nor discriminate against nonunion men who
are in its employment, or who seek to be employed under it. Moi^
over, it is a very grave impropriety for government employees to band
themselves together for the purpose of extorting improperly high
salaries from the government. . ." 6 D 04, p.4
40 Governor
5«f also 783* Executive mansion
a Ind. Durbin. *' It is an unfortunate provision of our Constitution
which plunges a Governor on the first day of his administration, and
in a condition of comparative unpreparedness, into a legislative ses-
sion, and terminates his term in the opening days of a General Assem-
bly to which his counsel, given in the light of lengthened experience
and increased information, would be of greater value than that offered
at any earlier period of an administration. . ." 6 Ja 05, p.x
OoTernbr
CONSTITUTIONAL LAW DEPARTMENTS 40-4S
Kan. Hocb.. State institutions shotdd be required to send their
reports to the governor-elect as well as to the Governor. lo Ja 05, p.15
IGim. Johnson. "... I believe that the tenure of this office
should be extended to four years, with the provision that the Executive
should not be eligible for reelection. . ." 4 Ja. 05, p.3
d Pa. Pennypacker. "It has come to be a custom to provide for
executive work by the appointment of commissions by the legislative
body to whom it is intrusted. Beginning in a small way, the custom
has gradually grown until a large proportion of such measures adopted
axe managed in this way. The Executive is only one of a number of
commissioners having responsibility without control. . . A fur-
ther and very plain objection is that when the Governor appoints, in
case of incompetency or misbehavior, he may remove, while the Leg-
islature, after adjournment, does not meet again for two years and can
exercise no control over the appointees." 3 Ja 05, p.x3
e IL L Utter. "Previous to the amendment of the ODnstitution,
whereby the ofhcial term of the general officers was changed from the
last Tuesday in May to the first Tuesday in January, the Governor had
a number of months between his assuming office and the meeting of
the General Assembly in the January session in which to familiarize
himself with the affairs of the state, and he could therefore advise on
matters of public concern with a personal knowledge of the existing
conditions. . ." 5 Ja 05, p.3
f W. Va. White. "The work of the Governor's office has increased
enormously in the past eight years. . . There is much routine
work whidi should not be brought to the Governor, as now required.
Ho should not be required to approve all warrants for the militia,
Board of Health, pay roll, and other routine matters from depart-
ments.** II Ja 05, p.8i
43 Soccesrion
a Ind* Durbin. "... I recommend the enactment of a statute
providing that the Secretary of State, Auditor of State and Treasurer
of State, in this order, as set forth in the Constitution, be placed in the
line of succession for the governorship in case of the death* or disability
of both Governor and Lieutenant Governor. . ." 6 Ja 05, p.40
44 Secretary. Clerks. Employees
a Ari. Brodie. Additional clerks for Governor's office recommended.
16 Ja OS, p.2i
45 Veto
a Kan. Hoch. "At the last election an amendment to the Consti-
tution was adopted authorizing the Governor to strike out any ap-
propriation without invalidating the whole bill in which it was in-
cluded. For obvious reasons, the Legislature should pass what is
known as the miscellaneous appropriation bill early in the session, to
give the Governor time to scrutinijse its various items."
10 Ja OS, p.24
b Mich. Bliss. "I ui^ the submission to the people of a constitu-
tional amendment changing the veto power of the Governor so that he
State ezamineT
45.55^ N. Y. STATE LIBRARY GO\^RNORS MESSAGES I9OS
may record his objections to a part or parts of a bill as he is now em-
powered to do with reference to any measure in its entirety. It has
frequently been the case that objections have been entertained by the
Executive to a part of a bill, this occurring more often with appro*
priation bills than any other item of legislation. . . In the case of
many mtmicipalities the veto power of the mayor extends to parts of
council legislation as well as to such legislation in its entirety, and the
practice has been found to work most satisfactorily. . . It may
be argued that the Governor can accomplish the result sought by
asking those in charge of a measure to withdraw it from his hands and
amend it to meet his objections, but such a practice is an indirect one,
and direct methods are always preferable to indirect and more satis-
factory in outcome. In addition, the plan advocated is in accord with
the process by which the two houses work out legislation until it is
satisfactory in the main to both." 5 Ja 05, p. 6-7
c Okl. Ferguson. "Every state Constitution should contain a pro-
vision giving the Executive power to veto any unjust feature of an ap-
propriation bill without extending the veto to the bill as a whole. It
is to be hoped that this power will be conferred by the Constitution of
the state of Oklahoma." 10 Ja 05, p. 5-6
d Or. Chamberlain. "A constitutional amendment should be sub-
mitted to the people for adoption which will authorize the Executive
to veto any single item in an appropriation bill which meets his dis-
approval. . ." II Ja 05, p. 4a
49 Secretary of state
a ArL Brodie, i6 Ja 05, p. 18. U. Cutler, 10 Ja 05, p.23. Wy,
Brooks, II JaoS, p. 5.
50 Attorney general
a Fla. Broward, 4 Ap 05, p.47. OkL Ferguson, 10 Ja oS, p.21. S. B.
Herreid, 3 Ja 05, p.25-26. Tex. Lanham, la Ja 05, p.ia. U.
Cutler, 10 Ja 05, p.24. W. Va. White, 11 Ja 05, p. 58-S9. Wy.
Brooks, II Ja 05, p.io-ii.
b Ari. Brodie. Salary of Attorney General should be increased.
i6jao5,p.i7
c S. D. Elrod. *'The question of increasing the Attorney General's
salary should again be submitted to the people." 3 Ja 05, p.9
d Vt Bell. "I heartily recommend the creation of the new office of
Attorney General. . ." 6 O 04, p. 5
e Vt McCullough. "I recommend the creation of this office [Attor-
ney General] as a step in the march of progress and in line with the
policy adopted in most states." 6 O 04, p.is
55 State examiner
a S. D. Herreid, public examiner's report, 3 Ja 05, p.2S. Wy.
Brooks, II Ja 05, p.9.
b Id. Gooding. State Insurance Commissioner should act as bank
examiner and traveling accoimtant. 5 Ja 05, p. 19-20
loftitations
CONSTITUTIONAL LAW DEPARTMENTS 60-63
60 State institutions
5m also 335* Corrections; a 140, Charities; 2220. Education
63 Supervision and administration
a Ind. Durbin, 6 Ja 05, p.iS-ao. Ind. Hanly, 9 Ja 05, p. 4-9. Men.
Toole, a Ja 05, p.9. Hcv. Sparks, 16 Ja 05, p. 20. N.J. Murphy, 10 Ja
OS, p. 6-7. H. B. White, 4 Ja 05, p.14-16. Or. Chamberlain, 11 Ja
OS, p.23-24. Tex. Lanham, 12 Ja 05, p.15. Vt Bell, 6O04, p.4-s.
Wash. McBride, 11 Ja 05, p.5. Wash. Mead, 11 Ja 05, p.37. Wla,
La PoUette, 12 Ja 05, p. 88. Wy. Brooks, 11 Ja 05, p.17.
b Aii. Brodie. *'In the present stage of the territory's growth the
Board of Control as now constituted seems to amply meet all reqture-
ments in the management of the territorial institutions placed in its
charge. As these institutions are enlarged the duties of the Board of
Control should widen to meet them, and eventually all institutions in
the territory should be placed under the direct supervision, as regards
all financial matters, of this Board. . . I . . . reconmiend that
the Territorial Industrial School at Benson be placed under the
direct supervision of the Board of Control, and the board of trustees
abolished. . ." 16 Ja 0$, p.ia
€ CaL Pardee. " In the foUowing table there is shown the per capita
cost of maintenance of inmates of a number of state institutions for
last year, as nearly as can be ascertained :
Averaffeoost
Average per capita
numbei per diem,
iKSTrnrriOK of inmates in cents
Folsom Prison 810.52 44.15
San Quentin Prison z495tV 31 • x3
Whittier Reform School 336 79 . i
Preston School of Industry 150 90 . i
Home for Adult Blind 120 64 . 2 1
Deaf, Ihunb and Blind Asylum 223.5 75.6
Stockton State Hospital 1586.5 36.42
Napa State Hospital 1472 . 5 39 • 84
Agnews State Hospital 1031 .5 39 •84
Mendocino State Hospital 623 47*36
Southern California State Hospital 739 50 . 24
Home for Peeble-Minded 520 49 • x x
2 Ja 05. p.9
d Ind« Durbin. '*The states of Iowa, Wisconsin, Kansas and Min-
nesota have had satisfactory experience in the experiment of cen-
tralizing the general management of the state institutional system
in a central Board of Control, the members of which give their entire
time to the supervision and direction of the affairs of these institu-
tions, award all contracts, approve all plans for building and im-
provements, and exercise general oversight in institutional affairs.
While we have had admirable restdts from our present system of in-
lastitutions
(^3 N. Y. STATE UBRARY GOVERNORS MESSAGES I905
dependent boards, the plan of centralization successfully employed by
these states appeals to me as a wise and economical arrangement
deserving of the careful consideration of the General Assembly." *
6 Ja OS, p.a7
e Kan. Hoch. "Some of the boards of management should be con-
solidated, others reduced in number of officers, and still others abol-
ished. . . A commendable step in the right direction was taken
four years ago, at which time the elaborate law known as "the code of
charities and corrections of the state of Kansas" was enacted — the
act which gave legal existence to the Board of Trustees of the State
Charities and Corrections, as it is now constituted. This law, while
excellent in many particulars, is defective in many others, in my
judgment. . . The managers of these institutions disburse nearly
one half of all the ordinary appropriations made by the Legislature,
aggregating, I believe, about $1,000,000. The board has no office and
no common place of keeping records. Its members are not required
by law to give all their time to the state, but are i)ermitted to divide
their time between their official and private duties. As a matter of
fact, I believe they give an inconsiderable part of their time to the
public service. The record of their expenditures is kept in each in-
stitution itself. . . I believe that three men devoting
all their time to the business interests of the state, with a few assist-
ants, could manage the business affairs of all the institutions in Kansas
far better than- they are now managed, and save to the people a vast
stmi of money. To show that my ideas are not impracticable or
visionary, let me say that in Iowa a board, consisting of three mem-
bers, manages 14 charitable, reformatory and penal institutions,
while in this state ^ye require the services of 14 people to manage 12
similar institutions. . ." 10 Ja 05, p. 2 1-23
g Minn. Van Sant. ". . . it is safe to state that the Board of
Control has fully justified all that has been claimed for it. Opposition
has practically ceased, and in the near future there will be no adverse
criticism. All the institutions directly under its charge are in a high
state of efficiency, and the great saving to the state has been secured
without in any way neglecting the wards of the state. In fact, they
were never better and more humanely cared for. . ."
4 Jao5. P.7-1X
h Minn. Van Sant. ". . . I most earnestly recommend the en-
actment of a law removing the university and the normal schools
from the Board of Control." 4 Ja 05, p. 12
i Minn. Johnson. ". . . The Board of Control system obtains
now and must be given a fair opportunity to demonstrate its value. . .
Whether or not it is wise to make all of the business, the letting of
contracts, and the purchase of supplies open to public inspection,
there certainly should be some provision made by which all of the
transactions of the Board of Control would be subject to regular in-
spection and investigation by the public examiner or some other com-
petent authority." 4 J<^ 05, p.i $
Institutioiii
CONSTITUTIONAL LAW DEPARTMENTS ^3-^4
R. H. McLane. Recommendation of State Board of Charities and
Corrections. 5 Ja 05, p. 7-8
H. J. Stokes. **. .A commissioner of charities and correc-
tions, having at his command a state architect and a state sanitary
en^eer. could pass upon all proposed new buildings or additions to
existing institutions, and serve the interests of economy and the in-
terests of our state wards as well. . . Such an official . . .
could vidt and receive reports from state institutions, investigate
commitments of state wards and see that a proper standard be main-
tained in aU institutions that in any way receive state funds. He
should have as his advisory council the heads of our various insti-
tutions. . . $50,000 has been spent in architects' fees alone in the
last three years. The proposed department could be maintained at a
less expense annually than is incurred for architects and wotild pro-
mote other economies as well as render important service to the un-
fortunate wards of the state." 17 Ja 05, p.18-19
B H. Y. Higgins. *'I also recommend that suitable legislation be
enacted to enable the State Board of Charities to transfer in proper
cases inmates from one charitable or reformatory institution ^o another
where it appears that such persons more properly belong in an insti-
tution of the state other than the one to which they were originally
committed. . ." 4 Ja 05, p.xo
n H. D. White. "The management of our public institutions I be-
lieve should be placed in the hands of a single board of control. Such
laws axe in operation in a number of states and during the year I have
had opportunity to inquire of administration officers as to the work-
ing of the laws in the states of Washington, Iowa, South Dakota and
Minnesota, and all are unanimous in saying that the management of
their institutions by boards of control has proven eminently satis-
factory and has resulted in both economical management and
efficiency of service . " 4 Ja o 5 ,p. 1 7
p YHb. La FoUette. *'. . . I recommend that the law be so
amended as to admit of the addition of one member to the Board of
Control of Charitable and Penal Institutions of the state ; that such
member be a woman. . . *' 12 Ja 05, p.91
^ Examination and inspection
a Mich. Bliss. "While it wiU be necessary for the legislative com-
mittees to visit the state institutions if intelligent action is to be taken,
it does not follow that these committees should combine forces and
indulge in a general junket from which I believe the people are united
in asking to be delivered." 5 Ja 05, p.3
b H. M. Otero. "I recommend that a law be enacted providing that
whenever in his judgment it should be deemed necessary, the Governor
be empowered to appoint a nonpartizan 'board of investigation and
inquiry,' to be composed of five members. . . It should be the duty of
this board . to investigate . . . any territorial or char-
Public docmnentB
64-67 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
itable institution, towards the support of which the territory appro-
priates financial assistance. . ." x6 Ja 05, p.17
c S. D. Herreid. Woman's Committee of Investigation.
3 Ja OS. p.a6
67 Public documents. Printing
a Cal. Pardee. "The State Comptroller has submitted the recom-
mendation that a certain stmi shall be appropriated and placed at the
disposal of the State Board of Examiners to be expended in printing
the reports of boards, commissions and officers whose publicatioQ has
not been otherwise provided for. . . It would be most tinwise,
however, to go back to the old practice of making a lump sum appro-
priation for all state printing, because the present plan of making sep-
arate appropriations for each office, as recommended by Govemois
Budd and Gage, has proved to be much more economical."
2 Ja 05, p.47-4«
b Kan. Hoch. "A reform has long been needed in reference to the
commercial printing done for this state. . . The fees paid to the
state printer are doubtless too high in many instances, but the chief
cause of complaint is the vast amoimt of useless stuff printed at state
expense, only to find an ultimate sepulcher in the basement of the state
house or other receptacles for useless matter. At the last election an
amendment to the Constitution was overwhelmingly adopted making
the office of state printer elective by the people — ^a measure that should
have been adopted years ago. . . I believe it would be good
policy for the state to purchase a printing plant and put a manager
over it upon a reasonable salary. I think the value of such a plant
could be saved to the state in a short time. 10 Ja 05, p. 6
c Or. Chamberlain. "At the last session of the Legislature $50,000
was appropriated for public printing, pai)er and binding. . . There
are two ways by which this enormous expense may be reduced.
First, lower table of fees should be fixed by law. . . Second, much
of the printing now required to be done could be lopped off without in
any way impairing the public service. . ." zz Ja 05, p.2$
d Pa. Pennypacker. "An earnest effort has been made, in which all
the heads of departments have participated, to reduce the bulk of the
departmental reports which had gradually grown to unwieldly pro-
portions, and thus to reduce the expense of printing. The report of the
Factory Inspector, which in 1903 covered Z2o6 pages in Z904 was re-
duced to 190 pages and gave practically as much information. . .
During the last year the expenses for printing have been reduced to the
extent of $107,168.44 from those of the year before. . . The
statute, which regulates our public printing and established the ex-
isting schedules, was passed in 1876. . . The schedules are in-
adequate and obsolete. . . It is hoped the legislation on this sub-
ject will be revised. . ." 3 Ja 05, p.3
Public doeumentB
CONSTITUTIONAL LAW LEGISLATURE 67-80
c U. S. Roosevelt. '*I call your attention to the great extravagance
in printing and binding government publications, and especially to the
fact that altogether too many of these publications are printed. • ."
6 D 04. p.a3
<ift State printing boards and officers
a CoL Peabody. "The wisdom displayed by the 14th General As-
sembly, in creating the office of Commissioner of Public Printing, has
been a general source of congratulation and satisfaction. The com-
misaoner has been enabled to place this branch of the public service
upon a buaness basis, and has saved thousands of dollars for the
people of this state, and I doubt if the printing bills have been so small
for any bieimial period since Colorado was admitted into the Union,
as during the past biennial period." 6 Ja 05, p.14-15
h W. Va, White. "I commend to the Legislature the . . . recom-
mendations ... of the Secretary of State as to the necessity of
placing the public printing . . . in charge of a special department
with a superintendent at its head, appointed by the Governor. I re-
gard this as a necessity. This work should be divorced from the office
of the Secretary of State and placed under a responsible, trained
printer as the head of the department, with a printing commission
having supervisory powers. . ." n Ja 05, p.27
70 Distribution
Sm also 2354, State libraries
a Mon. Toole. **I suggest that some state officer be made the cus-
todian of all public documents to include Supreme Court reports, the
session laws, the legislative journals, reports of state officers, or of any
commissioner or board of the state. . . If this duty was imposed
upon the librarian of the Historical Society, 1 think it could be per-
formed without extra cost to the state." 2 Ja 05, p. 8-9
72 Manuals. Blue books
a Ind. Durbin. Compilation of state manual. 6 Ja 05, p. 41
74 Public printing establishment
a Kev. Sparks, 16 Ja 05, p.20-21.
77 Legislature
See also a, Statutes
80 Apportionment: general laws
a ArL Brodie. ". . . the question submitted by me to the last
Legislature of dividing the cotmties of the territory into assembly and
supervisorial districts for the election of members of the Assembly and
Board of Supervisors is one which should receive your earnest con-
sideration." 16 Ja 05, p.14
OTcrlegislation
80-S5 X. Y. STATE LIBRARY GOVERNORS MESSAGES I905
b Ct. Roberts. "I assume that you will make no change in our fim-
damental law concerning representation in the General Assembly^
as our increased Senate gives to our large centers of population a
representation more in keeping with their great and varied interests."
4 Ja 05. PS
c Pa. Pennypacker. "The Constitution directs that immediately
after each decennial United States census, the General Assembly shall
apportion the State into senatorial and representative districts. No
senatorial apportionment was made after the census of 1880, 1890 or
1900. Not only is the mandate of the Constitution disobeyed, but the
existing condition of affairs is unjust to Alleghany and other counties
which have not the representation to which they are entitled. The
difficulty has not been with the Legislature, which no doubt would
have been entirely willing to fulfil its constitutional obligations, but
inheres in the Constitution itself. . ." 3 Ja 05, p.xi
d Vt McCuUough. Increase of representation of larger towns op-
posed. 6 O 04, p.30
83 United States representatives
a Kan. Hoch. "The reapportionment of the state into congressional
districts is one of the imperative duties of this Legislature. . ."
10 Ja OS, p.4
84 United States senators
a U. Cutler, 10 Ja 05, p. 4-5. Vt. Bell, 6 O 04, p.8.
b Mo. Folk. "United States senators ought to be elected by the
people, and Missouri should lead the demand for a constitutional
amendment providing for this reform." 9 Ja 05, p. 12
c Hon. Toole. The adoption of a joint resolution proposing an
amendment to the federal Constitution, providing for the election of
United States senators by a direct vote of the people recommended.
2 Ja 05, p.4
d W. Va. White. Election of United States senators by the people.
" JaoS. p.77
85 Overlegislation
a Pa, Pennypacker. "There is much merit in few laws and in few
changes in those which have become known to the people. A wise
chancellor of Sweden, Oxenstiem, who was largely responsible for the
Swedish settlements along the Delaware, wrote in 1654: 'Though
time and variety of accidents may occasion some defects in old lawes.
yett it is better they should be borne with than an inundation of new
lawes to be lett in which causeth incertainty, ignorance, different ex-
positions, and, repugnancyes in the lawes, and are the parents of con-
tention. . '." 3 Ja 05, p.2o
b Tex. Lanham. **. . . Let us have only necessary and well
digested laws, and let the time so valuable to yourselves and the state
be essentially devoted to the solution of such problems as are of gen-
eral interest and affect the people at large, rather than to propositions
local and special in their nature and in which the public are not vitally
concerned. . ." 12 Ja 05. p.3
Bribery
CONSTITUTIONAL LAW LEGISLATURE . 88-96
c U. Cutler. " . . . Every law should be able to stand two tests:
(i) that the enactment is necessary, and (2) that the law is dear in all
its terms. . . Overlegislation is fully as harmful as insufficient
legislation, . ." 10 Ja 05, p.4
B Special laws
See also ixo. Legislative procedure
ft Mich. Bliss. ". . . Generallaws oug^ to take the place of the
dangerous, omnipresent, ofttimes loaded local bill, and thus enable
localities to decide for themselves whether they desire to avail them-
selves of the machinery so provided. . ." 5 Ja 05, p.3
h n. J, Murphy. "The New Jersey Constitution, as amended in
1875, limits legislation to narrow bounds. The varied needs of state
and local government have led to evasions of the restrictions, and oon-
fnsion has arisen in laws of great importance. Appeals to the courts
upon the constitutionality of laws are incessant, when they should be
rare, and then only upon broad issues. The status of laws which
affect the daily budness of the people is left in doubt, and the courts
are burdened with the construction of the acts which would, imder a
simpler system, be as easily tmderstood by the layman as the lawy-
er. . • The Legislature should be intrusted with the enactment
of laws which would meet the different needs of the municipalities,
and the whole system should be made more elastic. The Legislature
represents the people, and I am sure that an enlightened public senti-
ment would guide it in right paths if its power should be increased."
10 Ja 05, P.19-2C
c H, Y. Higgins. "I desire to renew the recommendation of my pre-
decessors, that laws, so far as possible, be general in their application
and that the unnecessary multiplication of statutes be avoided. . ."
4 Ja 05, p.28
. 95 Internal organization
96 Bribery. Illegal practices
ft Ind. Durbin, 6 Ja 05, p. 43-44.
b Mo. Folk. "... In order to aid in the investigation of rumors
of corruption, laws should be enacted compelling witnesses to testify
as to their knowledge of bribery transactions and exempting such
witnesses from prosecution for any matters directly or indirectly
growing out of such testimony. It often happens that corruption,
by reason of the secrecy with which it works like the mole xmder-
ground, does not come to light \mtil years after, and the present
statute of limitations of three years is too short a time to bar prosecu-
tion for the offense ; the statute should be five years instead of three.
To take away the incentive for bribery, as far as possible, all fran-
chises, rights and privileges secured by bribery should be declared
Lobbying
96-99 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
null and void. When one steals a horse he can not transfer any title
to it, and the owner may recover it wherever found. This rule should
be made to apply to the people's property, stolen from the people by
bribing their representatives, and the people should be entitled to
reclaim their own. The law should require all franchises to be sold
at public auction, and a sufficient length of time allowed after the
sale for anyone to raise the bid, to prevent collusion. These laws
will aid in suppressing bribery, but all laws will be impotent to accom-
plish this result unless the hearts of the people are right, for the
remedy for corruption, in its last analysis, is in the public conscience/*
9 Ja 05. p.7
99 Lobbying
a Wash. Mead, 11 Ja 05, p.38-39
b Ind. Hanly. **. . . All lobbyists are not corrupt, and it may be that
they sometimes perform useful public service, but the paid agent ol
any special interest is not, as a rule, a safe counselor. . . You can
end the reign of the lobbyist in Indiana if you will, and I venture to
express the hope that you will do so." 9-Ja 05, p.23
c Mo. Polk. "It is proper that railroads and all interests, quasi
public and private, should have the right to appear before legislative
committees, and present reasons for or against the passage of any bOL
They likewise should be accorded the privilege of addressing the
individual legislators in a proper way, but the maintenance of a
professional lobby breeds corruption, and should not be permitted.
Professional lobbying should be made a crime. . . It is sometimes
hard to determine where legitimate lobbying ends and professional lob-
bying begins, but I apprehend little difficulty in the line being drawn at
the proper place. No legislator should permit a lobbyist, or any one
else, to urge upon him, in private, reasons for or against the passage
of a bill that could not be published." 9 Ja 05, p.8-9
d Neb. Mickey. "The bane of every legislative body is the sub-
sidized lobby. . . I recommend that such action be taken as
will protect your membership from the onslaught of private and
corporation lobbyists who seek to accomplish pernicious ends by the
exercise of undue influence, being careful to draw the line of demar-
cation between the corruptionist on the one side and the honest and
tmtrammeled advisor and counselor on the other." 5 Ja 05, p. 12-13
e N. M. Otero. *'I would go so far as to exclude professional
lobbyists from the floor of the House or Council, while either body
is in session. . ." 16 Ja 05, p.26
f Okl. Perguson. *\ . . The Legislature will be sustained by puWic
sentiment ... in taking steps to protect itself against any
unlawful outside influences." 10 Ja 05, p. 29
g W. Va. White. "I renew my recommendation made to the
Legislature two years ago for the amendment of the law of 1897,
regulating the evil of professional lobbj'ism. . ." n J& o5. P-79
h W. Va. Dawson. "One of the great evils of the present day is
the corrupt lobbjdst at our Legislatures. . . Every interest has
Procedure
CONSTITUTIONAL LAW LEGISLATURE 99-Z08
a right to be beard; and tbe fact that they pay men to advocate their
side of a questioii, is not objectionable; but what is objectionable,
and what ought to be stopped, is the paid lobbyist who resorts to
sinister efforts and uses tmrighteous means. . ." 4 Mr 05, p.4
i Wis. La Follette. *'. . .1 urge upon your consideration the
enactment of a law that shall make it an offense punishable by the
heaviest money x>enalty, and by imprisonment as well, for any lobby
agent or lobby representative, employed and paid for his services by
others, to attempt personally and directly to influence any member
uf the Liegislature to vote for or against any measure affecting the
interests represented by such lobbyist." 13 Ja 05, p.73
] Wk. La PoUette. Special message on lobbying: "I commend to
your conaderate judgment the enactment of a statute making it a
penal offense for a paid lobbyist to approach a legislator privately or
personally upon any matter which is the subject of legislation."
as My 05, p6.
100 Officers and employees
a 9. IL Otero, extra employees, 16 Ja 05, p.30
b Ind. Durbin. "Hereafter appropriations made to officials of the
House and Senate for the preparation of the journals of the two
bodies should be made available only when the Governor shall have
certified the completion of the work. The immediate availability
of the compensation has had an apparent tendency to delay the prepa-
ration of the copy for these publications." 6 Ja 05, p.40
c W. Va. White. ''The attention of the Legislature is regretfully
called to the extravagance of the last session of the Legislature in the
matter of Senate and House employees. . ." 11 Ja 05, p. 79
105 Legislative procedure
106 Bills
a CaL Pardee ". . . It would be no small legislative reform if
some means could be found to impose a check upon the introduction
of a multitude of bills which will never accomplish any other purpose
than to waste the state's money when they are printed, or to cumber
the files when they are reported. That the work of the Legislature
is so well done, when the disadvantages under which it is conducted
are considered, is remarkable. . ." s Ja 05, p.4
b Mich. Bliss. ''The state is to be congratulated upon the adoption
of the amendment abolishing the so called 50 day limit for the intro-
duction of bills, an act which it is believed will materially shorten the
biennial legislative session. . ." 5 Ja 05, p.7
108 Enrolling. Engrossing. Printing
a DeL Hunn- Preservation and binding of enrolled bills.
3 Jao5, p.25
Procedure
loS-O N- Y. STATE LIBRARY GOVERNORS MESSAGES I905
b Ind. Durbin. "With a view to preventing changes or erasures'^in
bills, the last General Assembly passed an act providing that bills
shall be engrossed and enrolled from specially designed type sheeted
by the State Board of Printing and copyrighted for the exclusive use
of the state. The State Board of Printing has carried out the purpose
of this act by the adoption and copyrighting of a distinctive type face
which it will be impossible to successfully ooimterfeit/' 6 Ja 05, p.39
c Wash. Mead. "I desire ... to call your attention to the
necessity of having your bills correctly enrolled. An examinatioii
of the decisions of our Supreme Court will satisfy you that great con-
fusion has resulted, and rights have been jeopardized on aoootnit of
the hasty enrolment of bills during the closing days of the
session. . .** iijaos, p,x8
Z09 Financial procedure
a Mich. Warner. "Through a recent review of the items and aggre-
gate of the appropriations made by the last Legislature, my attention
was directed to the fact that the appropriations for some of our state
institutions and state conunissions have been included in what is
known as a general purpose tax, the items of which were probably
not fully considered by the legislative appropriation committees. It
would be best to have the general purpose bill include only such lines
of expenditure as could not well be definitely provided for through
legislative action. It is best to have thorough consideration given
to every proposed expenditure, and, inasmuch as including some
expenditures under a general heading prevents consideration of each
item, I would urge that every board and institution be placed in the
list of appropriations requiring special action and a definite appro-
priation." 5 Ja 05, P-6
b N. J. Murphy. *'. . . I have sometimes thought that they
[the appropriation committee] erred in not making a personal visita-
tion to the various institutions of the state for which they are called
upon to provide. . . If it is found impossible for the committee
to go as a whole, let me suggest that no appropriation be finally de-
termined upon by that committee for any of the institutions of the
state tmtil at least one member of that committee has been charged
with the duty of personal inspection." 10 Ja 05, p.x4
c N. Y. Higgins. "I recommend that all appropriations to enlarge
or improve the state charitable and reformatory institutions be in*
eluded in one bill with such provisions as will in every instance insure
the most careful and economical expenditure of the moneys appro-
priated." 4jao5, p.io
d Okl. Ferguson. ". . . A general appropriation bill should con-
tain only such provisions as refer to necessary expenses in maintaining
the various features of the state government. All private or indi*
vidual appropriations should be considered separately. . ."
10 Ja OS, p.6
CONSTITUTIONAL LAW CITIZENSHIP ZZO-Z7
xio Local and private legislation
5## also 88, Special law^
a Tenn* Frazier. "I am constrained from a sense of public duty to
caU your attention to a custom which has grown upon legislative
bodies in our state, which, if persisted in, I fear will lead to much
ill-advised and vicious legislation. It is the custom of passing laws
applicable to a county of a specified population, under the doctrine
of "senatorial courtesy," without due consideration, at the instance
of the member who, for the time being, represents that partictilar
county. . ." 3 Ja oS, p.31-32
113 Sessions
a R. L Garvin. "In assembling at this time I deem it a duty to call
your attention once more to the dangers of a November or December
session of the L^;islature. . . Both of the great parties . . .
are committed ftdly and explicitly against the holding of this ses-
sion. . ." 15 N 04, p.3-4
b S. C. Heyward. "At your preceding session an amendment to the
Constitution providing for biennial sessions of your body having
been agreed upon, it was submitted to the qualified electors of the
state at the general election, a majority of whom voted in favor of
this amendment. Believing as I do, that biennial sessions will afford
all necessary legislation, and will result in a retrenchment of ex-
penses. I trust you will ratify this vote in order that the amendment
may become effective. . ." 10 Ja 05, p.27
XX5
Direct legislation
Douglas. Referendum should be applied to city and in cer-
tain cases to state legislation, particularly to the granting of fran-
chises. 5 Ja 05, p.25-27
b Mon. Toole. Submission of an amendment to the state Constitu-
tion providing for direct legislation after the manner and form of the
Oregon amendment recommended. 2 Ja 05, p.4
c Wis. La Follette. ". . . Grants of public service franchises
directly against the city's interests are so common as to become the
rule rather than the exception. . . Students of municipal ques-
tions, almost without exception, advocate a modified system of direct
legislation for cities. . ." 12 Ja 05, p.8o
"« Citizenship. Civil and political rights
Set also X39, SufiErage
117 Citizenship
a U. S. Roosevelt. ". . . The laws relating ... to citizen-
ship of the United States ought also to be made the subject of scientific
Blections
XX^j^ N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
inquiry with a view to probable further legislation. . . I recom-
mend that an examination be made into the subjects of citizenship,
expatriation and protection of Americans abroad, with a view to
appropriate legislation." 6 D 04, p.26
~iz8 Naturalization
a U. S. Roosevelt. Naturalization laws should be revised.
6 D 04, p.26
»« Elections. Political parties
. S<#- also lor term of office, vacancies, etc. the various officers xmder state and local
government
a CoL Peabody. "The fraudulent conduct of elections under our
present system demands your immediate and concerted action. Your
proper committees will, no doubt, have the facilities and desired
- -information with which to handle this subject, but in a general way
it seems sufficient to say that a modem primary and registration law
: should be enacted and the advisability of introducing voting machines
shoiild be considered. . ." t^ Ja 05, p.19
b Mo. Polk. ". . . Amendments would be advisable giving elec-
tion commissioners more power to supervise the work of judges and
clerks, and to enable any citizen, upon filing application, to question
the legality of any registered vote, to the end that the registration
lists may be purged of fraud before the day of election. . . "
9jao5.p.io
c - If • M. Otero. "I recommend: first, a revision of our primary
laws. . . Second, a severe penalty for attempting to bribe or for
actually bribing any voter, public official or legislator or for accepting
a bribe. . . Third, more rigid legislation to enforce the appoint-
ment of qualified and competent election boards in every precinct,
and a registration of voters, based upon the personal appearance of the
citizen to be registered. . ." 16 Ja 05, p.26
d Tex. Lanham. "As far as tried the election law passed by the 28th
Legislature appears to have met with general xx)pular approval. . .
The law should be reconstructed with a view to grouping under appro-
priate heads the several subjects which it embraces ; the eliminatton
of conflicting and inconsistent provisions; the thorough condensing
of matter relative to the same subjects which appears in different
sections; the making it less cumbersome and expensive in some of its
machinery, and the adoption of proper amendments, rendering it
more harmonious and effective in accomplishing the purposes con-
templated. . . The present law needs revision in regard to issuance
of poll tax receipts, preparation and distribution of election suppUes,
furnishing poll tax receipt and certificate of exemption rolls, and pro-
viding ballots. The duties of officers in furnishing and issuing election
supplies and official ballots and arranging for the expenses incident
• to the same in primary, general and special elections should be more
specifically defined. The independent candidate is now practically
Suffrage
CONSTITUTIONAL Law ELECTIONS I26-47
debarred from offering for office. An official ballot should be provided
for independents. Provisions should be made for filling vacancies
in case of the death or resignation of a nominee, and for a second
primary in the event of a tie. The duties and powers of executive
committees shotild be more clearly defined. Commissioners Courts
should be given more discretion as to the time when voting precincts
may be. established. . ," 12 Ja 05, p. 11
c W- Va. White. "Our present election laws need thorough revision
in order to naake them more effective. . .'* H Ja 05, p. 24 .
129 Suffrage: qualifications
134 Nationality. Race
a H. C. Glenn. "Pour years ago, at the close of an administration
that engendered bitterness between the races and promoted rigt in-
stead of peace, the present retiring administration commenced its
arduous labors, under an amendment to our orgJEUiic law, far-reaching
in its provisions, and untried as to its results. . . Today no one,
save the vicious, who desire to use the negro's vote for corrupt pur-
poses, would willingly see the amendment repealed, and a great
majority of our people, if the Constitution of the United States shall
rightfully demand it, would rather give up a part of our representa-
tion in Congress than return to conditions that confronted us prior
to its enactment. . ." iiJao5, p.3
137 Suspension of right Disqualifications
140 Criminals
a CaL Pardee. "... I suggest that §1593 of the Penal Code,
which authorizes the Governor to grant restoration [to citizenship]
by a simple executive order to a prisoner who is about to be dis-
charged, be so amended as to authorize restoration in a similar manner
to one who after discharge has made a sincere effort to be. a good
citizen." 2 Ja 05, p. 37
146 Women
a KaiL Hoch. ". . . Mtmicipal suffrage has worked no ill to
womanhood or to the state, and seems to be satisfactory to the people. "
10 Ja 05, p.2o
b K. Y. Higgins. **I recommend to the consideration of the Legis-
lature both the extension and restriction of the right to vote at special
tax elections in cites of the third class, to those residents whose names
shall be on the assessment roll, without limitation as to sex. . ."
4 Jao5,p.i2-i3
147 Minority representation
a DL Deneen. "Under that section of our statutes relating to cities
and villages permitting the 'formation of sanitary districts, the sani-
Corrupt practices
Z49 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
tary district of Chicago has been established. The administration
of its affairs is in the hands of a board of nine trustees. The pro*
visions for the election of such trustees are peculiar. Under the law
in relation thereto, each qualified voter *may vote for as many can-
didates as there are trustees to be elected, or he may distribute his
vote among not less than five ninths of the candidates to be elected,
giving to each of the candidates among whom he distributes the same,
the same ntunber of votes or fractional parts of votes.' The purpose
of this provision was, tindoubtedly, the securing and maintenance of a
nonpartizan board; but its operation has resulted instead, in the
creation of a bipartizan board. Under the present law, each party
nominates five candidates. Since but one candidate can be defeated,
the citizen is not afforded a free opportimity to pass upon the records
of the individual candidates, regardless of party. This is undemo-
cratic in principle. The people can be trusted to select public servants
unhampered by any restrictions upon their freedom of choice. The
opportunity to do so is not secured to them imder the present
system. . ." 9 Ja 05, p. 7-8
Z49 Corrupt practices. Election offenses
See also 167,
a Col. Adams. "The election scandals in Denver, Teller, Pueblo,
Huerfano, Las Animas and some other counties indicate a needed
change in our election laws, and demand the enactment of an honest
and efficient primary law. . . The vast amount of money that
is now deemed necessary for the conduct of an election is one
of the strongest indictments that can be made against prevailing
political methods. The state chainnan of one political party made
oath that he spent at the recent state election nearly a dollar and a
half for each vote his party received. The other state chairman also
testified to a large expenditure. Other interests deeply concerned
in the campaign, but not compelled to publish their expenditures,
must have spent two or three times as much as the chairmen — to this
add the amounts spent by the chairmen of the 59 coimties — the dty
chairmen — the various local committtees and the personal expendi-
tures of the hundreds of candidates, and we have an amazing total —
certainly amovinting to $5 for every vote cast in the state. When we
deduct the very large majority of Colorado voters who can not be in-
fluenced directly or indirectly, by campaign money, and divide the cost
among the comparatively few who are influenced by financial agents
and organizations, we have an outlay for each such vote that rivals the
record of some of the elections in the rotten parliamentary boroughs
in England that shamed the British Empire a few years ago. There
was spent in Colorado politics during the past year nearly as much
money as the cost of the first campaign that made Abraham Lincoln
President of the United States. . .'* 10 Ja 05, p.5-6
Corrupt practices
CONSTITUTIONAL LAW ELECTIONS [149
Ind. Durbin. *•. . . I believe that I speak for the vast ma-
jority of the people of this state when I say that the time has come
for the application of drastic remedial measures to the plague of
corruption which, is fastening itself upon our politics to an extent
appalling to those ^who look forward to the ultimate in the sort of
progress that has been made along these lines in recent years. . . I
am informed by unquestioned authority that in a single county of
this state casting in 1902 a total vote of little more than 5000 there
were in the last campaign nearly 1200 voters regularly listed as pur-
chaseable and that $1 5,000 raised by assessment from candidates and
Dtherwise were si>ent by the contending political parties in the effort
to control that county. . . The striking fact about political
corruption is that it is as much a communicable plague as leprosy;
that every year, in any commimity where the vote-buying system
has become prevalent, there is a growth in the number of those who
are ready to make merchandise of the suffrage. . . Instances
have been brought to my attention during the last few weeks where
in contests for the office of township trustee, votes have commanded
as high as $25 or $30 each, and where citizens of substance have
prostituted their honor for that price. . . The evils of this system
do not cease with the loss of honor involved in the act of the individual
who sells his vote. It makes necessary the creation of large campaign
funds often collected from special interests which expect the payment
at public expense of far more than value received by the party suc-
ceeding to power. It makes necessary an assessment of candidates
for local office so heavy that no poor man imwilling to mortgage him-
self to those who expect to use him, or to seek recompense by impo-
sition upon the public, may aspire to pubKc position. , . Our
present statute against the crime of suffrage prostitution is nothing
short of farcical. It provides for the temporary disfranchisement of
any person selling his vote. It places no penalty on the vote buyer,
on the theory that to impose punishment upon both parties to the
transaction would make conviction impossible. Accepting this
theory, punishment should be prescribed for the vote buyer and not
the vote seller. . •" 6 Ja 05, p.4-6
c U, S. Roosevelt. ". . . I reconcmiend the enactment of a law
directed against bribery and corruption in federal elections. The
details of such a law may be safely left to the wise discretion of the
Congress, but it should go as far as under the Constitution it is pos-
sible to go, and should include severe penalties against him who
gives or receives a bribe intended to influence his act or opinion as
an elector; and provisions for the publication not only of the expen-
ditures for nominations and elections of all candidates but also of all
contributions received and expenditures made by political com-
mittees." 6 D 04, p.27
d W. Va. White. "The law shotild . . . provide that but one
party should be subjected to punishment in the buying or selling of
Nominations
Z4^6o N. y. STATE LIBRARY GOVERNORS MESSAGES I905
votes. . . The punishment should be fixed at disfranchisement
for a term of years, say five years. . .* ' 1 1 Ja 05, p.24-25
e W. Va. White. "... A clause should be added making it
the duty of the prosecuting attorney to have the first grand jury
after every election make a full investigation of all election matters
' by summoning all the members of different political committees.
The evidence should be taken down by a stenographer and written
out and submitted to the court and it made the duty of the judge to
convene another grand jury if, in his opinion, any indictments were
omitted to be brought which should have been. § 8 of chapter 120
should be amended so as to include all election officers, making it
their duty to inform the prosecuting attorney of any violation of the
penal laws coming to their knowledge. . ." 11 Ja 05, p.2S
Z50 Corrupt practices acts
All laws requiring candidates or committees to file a statement of election exp«naet
are included under this head.
a Mich. Warner. ". . . The question as to whether the expendi-
ture of money by candidates for nomination to ofl&ce and of candidates
for election should be limited in amotmt, is an important one and
should receive your most careful consideration. The man of moderate
means ought not to be put at a disadvantage in a contest for nomina-
tion or election with a man of great wealth." 5 Ja 05, p.ia
b Or. Chamberlain. "Laws have been passed in many states
limiting the amoxmt of money allowed to be spent in elections by
candidates and party organizations, and reqtdring itemized state-
ments . . . to be filed. . . I suggest the passage of such a law
at this session." 11 Ja 05, p. 39
Z54 Corporation funds
a Wis. La Follette. ". . . I believe it to be vitally important
that corporations should be prohibited by law from contributing
money for political purposes. . ." 12 Ja 05, p.73
156 Intimidation
a Wis. La Follette. "I recommend the adoption of a law pro-
hibiting under severe penalties, any corporation, or other employer,
from interfering, in any manner, with the free and independent
exercise of the right of suffrage on the part of any employee."
12 JaoS, p.74
x6o Nominations. Parties
a Ari. Brodie. Recommendation of 1903 for primary election law
renewed. 16 Ja 05, p.x4
b Fla. Broward. "I recommend that the primary law be so
amended as to make the calling of primary elections mandatory upon
the committee, now empowered to call the primary election, instead
of optional, as it now is." 4 Ap 05, p.4x
Hominatioitf
CONSTITUTIONAL LAW . ELECTIONS l6cr
Fla. Broward. "I . . . recommend that a law be enacted
reqiainng the payrxLent l^y counties of all . . . expenses of holding
primary elections in tlie same manner as the expenses for holding
general elections are now paid." 4 Ap 05, p.42
GtL Terrell. ". . . I most earnestly iirge ... a measure pro-
viding an elective system as set forth in the platform of the demo-
cratic party; also a measure providing for primary election contests.
Otir party nominations are equivalent to elections, and the will of
the voters should be freely and fairly expressed, and when so ex-
pressed, be truthfully and accurately declared." 38 Je 05, p.i6
HL Yates. Reconunends the primaiy election system but the
convention should be retained. . . "I am inclined to think
. . . that it is not yet time to abolish the convention, but that
conventions are still necessary to ratify the results (after the election
of&cers have canvassed the rettuns), to frame party platforms, and
declarations of principles, to select the members of the central or
managing committees, and for such other purposes (other than
nomination of candidates), as pertain to conventions. . ."
4 Ja 05, p.io-is
f DL Deneen. "Our state needs a compulsory primary law. In
but dx of our counties is there such a law. In the other 96 counties,
the rules for conducting primaries are made by the committees. . .
Such is the lack of confidence in the conduct of our primaries that,
in warmly contested primary elections, each faction holds its own
convention, in the hope that the committee on credentials in the
higher convention will recognize its claims. . . I believe a law
should be enacted, embodying, at least, these features:
Provisions requiring each political party to hold its primaries in
every county and township in the state on the same day; that the
day and hours shall be fixed in the statutes; that judges and clerks
therefor shall be appointed by the judge of the County Court; that
the names of all candidates for offices shall be printed on the ballot,
with squares in front of each, thus giving to the voter an opportunity
to designate his choice. . ." 9 Ja 05, p.i
g Kan. Hoch. ". . . The importance ... of a primary
election law . . . would seem to need no argument . . .
Some general features . . . would seem to be especially free
from .reasonable objection, namely, that the party primaries shotild
all be held upon the same day and tmder substantially the same
general rules as those which govern the general election ; that the
law against perjury should obtain here as there; and all the ordinary
safeguards now thrown aroimd the general election should guard the
primary ballot box. Personally, I am of the opinion that no one
should be permitted to vote at a party primary who had not identified
himself with that party at the last general election, because one of
the evils of the present system is, that members of an opposing party
will help nominate candidates upon another ticket, often for the
express purpose of having a weak ticket in opposition to theirs. . .
nominations
z6o N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
Among the provisions of the law in [Wisconsin] ... is one
practically providing for the election of United States senators by the
people (a consummation devoutly to be wished here as every-
where) ..." I o Ja 05 , p.3
— h Mich. Bliss. ". . . That an honest effort should be made to
enact legislation reforming the present system of nominating can-
didates is beyond argtmient. I . . . call special attention to
the advisability of effective laws applicable to such cities as may
desire them, and a general law to be made operative wherever the
people may elect. . . In my opinion one of the most vital princi-
ples of the reform is the securing of effective machinery to the end
that parties may make their nominations independent of interfer-
ence by those outside of their lines. The holding of all caucuses and
primaries on the same day will be found to be a long step in this
direction." 5 Ja 05, p. 5
i Mich. Warner. *'. . . The last Legislature complied with the
requests of the representatives of three cotmties (Wayne, Kent and
Muskegon), for a change in the system of making nominations for
city, county and legislative offices. In some particulars the operation
of these laws has been satisfactory and in others decidedly unsatis-
factory. Either by party registration, or in some other way, inter-
ference of members of one political party in the affairs of another
party should be made very difficult, and prevented altogether if
possible. If party registration be adopted as the plan to work the
desired reform, then registration should be required a sufficient time
in advance of the primary to show that the voters who register do so
to give themselves the right to participate in the affairs of the party
whose principles they believe in, and not for the purpose of giving
themselves the right to vote for individual candidates for nomination
by some political party other than their own. Legislation
should be had that will permit the people of such localities as favor a
change in present methods of selecting party delegates and party
candidates to make such changes as they deem desirable and best. . .*'
5 Jaos, p.ia
j Mo. Folk. *'. . . A state primary law should be enacted,
whereby all nominations for state, county and mimicipal offices wiU
be made by primary held on the same day all over the state by all
political parties, with the same number of voting places as in the
general election and the expenses paid in the same manner. . .
The professional boss delights in a multiplicity of primaries and con-
ventions. The ordinary citizen, after attending one or two conven-
tions and primaries, becomes weary and gives his attention to other
matters, leaving the field to those who are in politics for revenue
only. . . With a state primary law, there would be just two days
that the citizen would have to devote — one to go to the polls for the
nomination and the other to go to the polls and vote in the general
election. . ." 9 Ja oS, p.ii-ia
Offenges
CONSTITUTIONAL LAW ELECTIONS 160-67
k Vt. McCullougb. "I again urge the General Assembly to adopt an
efficient primary election law." 6 O 04, p. 18
160 (3 Direct nominations
Van Sant. "The merits of our primary law have been
demonstrated. . . It is, in my judgment, wise to so amend otir
present primary law as to reqtiire by tiiis method the nomination of
candidates for all state offices. And I would further recommend that
nominations for United States senators be made in the same
manner. 4 Ja 05, p.35
b Men. Toole. A law should be passed providing for direct
primary elections under the Australian system, a substantial basis
for which may be foimd in combining the better features of the
Oregon and Wisconsin laws on this subject. 2 Ja 05, p.4
c H, D. Sarles. "Two years ago and again last year the republican
state convention declared in favor of a system of primary elections. . .
The question is one of great importance and worthy your most
careful and deliberate consideration. . ." 4 Ja 05, p.6
d H. D. White ". . . Both political parties of this state in their
platforms have declared for a primary election law, permitting the
electors to vote directly for the candidates to be placed upon the
ballot. . . I believe that it should include every officer to be
elected within the state. The law recently adopted by a direct vote
of the people in the state of Wisconsin seems to me to be an act that
would meet our needs most admirably." 4 Ja 05, p. 19
t S. D. Elrod. **We think there is no pressing need for the enact-
ment of a primary election law providing for direct nominations
. . . In theory such a law is plausible but in resiilts it is not yet a
success in any state where tried. . . If such a law is enacted, at
least 90% of all our offices will be filled by men who live in towns and
cities, and it would be only a question of time until the rural districts
would be tmrepresented. . . Such a law is expensive both to the
taxpayers and to candidates. . . With a primary election law
the office in no sense seeks the man, but the man seeks it, in many
instances buys it. The poor man, the man of small means has no
show against the man of means. . . A good caucus law is all that
is needed. . ." 3 Ja 05, p. 7-8
f W. Va. White. "The time has come when we should have a
general law regulating the nomination of candidates for public office
by direct vote. . ." ii Ja 05, p.2S
g Wis. La Follette. Nomination by direct vote. la Ja 05, p.74-75
167 Offenses
5m also 149, Corrupt practices
a FUu Broward. "I . . . recommend that all persons, who
may be candidates before any primary election in this state, be
reqidred to file with the committee calling the primary election a
Voting
167-75 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
8wom itemized statement of all expenses incurred by him in said
primary election, and to state therein the source of all contributions
to his campaign f\md, and fixing a severe penalty for failure to file
such statement. I further recommend that the law be amended so as
to provide severe penalties for: miscounting of votes by inspectoiB
and clerks in all elections ; and for bribery or intimidation of voters
in any election. And I further recommend that any person accepting
a bribe be exempt from punishment, who will inform or testify against
the person or persons who bribe or intimidate him in any way."
4 Ap 05, p.4i-4a
168 Parties
a Ind. Durbin. ". . . The best politics in public administration
is the absence of politics as a controlling motive; the best politics in
legislation is patriotic devotion on the part of the legislator to our
whole citizenship, without regard to party. The time ought to come
when there is no necessity in our General Assembly, which has before
it for consideration practically no questions of national policy, for a
division into the majority and minority side, and when the only line
of demarcation drawn should be the self created boundary between
those who seek imselfishly to serve the public weal and those whose
purpose in public life is the furtherance of ends inconsistent with the
general good." 6 Ja 05, p.3
b Mich. Warner. ** Party responsibility can not be nor should not be
divorced from official acts in legislative and administrative halls, but
in the control and management of the affairs of a great state, partizan
politics should never be the ruling motive. That only one political
party is to be represented in your deliberations makes the responsi-
bility the greater and the necessity for a proper subjection of party
spirit more obvious." ' 5 Ja 05, p.3
170 Districts. Notices. Days
171 Days. Hours
a N. J. Murphy. Polls shotild close at sunset. xo Ja 05, p.17
175 Ballots. Voting
a Del. Hunn. ''The Australian ballot law now in operation in this
state, is not only complex and inelastic, but costly to a degree not
compensated . for by any political benefit that has been received.
The provisions as to voting, including the booths, and the police
regulations generally, insuring orderly and peaceful elections, are of
inestimable advantage, and, in any amendment to the Election Laws,
should be retained ; but the ballot itself, should be done away with,
and any political party, entitled under proper law to recognition,
should be permitted to print its own tickets, at its own expense, upon
uniform paper, of tmiform size, and with uniform type, giving thereby
Voting-
CONSTITUTIONAL LAW ELECTIONS . Z75-8e,
to the people the fullest opportunity to exercise the right of suffrage
in the freest and most elastic manner. Under the present compli-
cated blanket ballot, without a voter's assistant, thousands of votes
are lost through inability to vote anjrthing except a straight ticket;
with a voter's asastant, great complaint is made that it leads to fraud
and bribery. The only proper ballot for a free people is one that any
citizen can secure before election day, and prepare beforehand to suit
himself when he conies to vote. . .** 3 Ja 05, p.2a
b R. L Utter. ". . . Since the 6stiblishment of the State Re-
turning Board . . . whose members carefully scrutinize and
count the ballots cast in all general elections, it has been found that
many voters are being practically disfranchised, either through their
own carelessness or ignorance or from causes for which they are not
personally responsible. . . It is ' . . . self-evident that a wide
latitude must be allowed those who count the ballots in determining
what are and what are not "distinguishing marks," which invalidate
the ballots. . . I recommend the adoption of such amendments
to our present law as will permit a votef to' express his choice by a
single cross for the several candidates nominated by any party. As
ballots for state officers are returned to one body, and those for mem-
bers of the General Assembly to another, it would be necessary to
provide a single cross for each set of candidates. . . I would also
leconunend that a law be passed that sample ballots must be printed
on a paper whose color is different from that used for official bal-
krts. . ." Sjaos, p.9-ii
c W. Va. White. "I favor the submission of an amendment to a
vote of the people amending section 2 of article 4 of the Constitution,
so as to permit no voter to vote other than a secret ballot, and taking
away the privilege now granted him in that section of voting an open
ballot. The reason for this amendment is that one of the greatest
sources of corruption in our elections is the constitutional provision
permitting the voter to vote an open ballot, or to have the clerk assist
him in preparing his ballot. The present laws, which are designed
to enable the illiterate to vote, simply open the doors wide to almost
illimitable traffic in votes and the corruption and debauching of thou-
sands of literate voters. The Australian ballot should be made abso-
lutely secret." n Ja 05, p.23
180 Compulsory voting'
a Mo. Folk. ". . . It would seem to be only just that those who
do not prize this privilege enough to exercise it ought not to have it.
The knowledge that failure to vote would disfranchise them and make
them political eunuchs would bring home to them a realization of its
supreme value. Let him who without good cause avoids this simple
duty be barred by law from all the privileges that flow from citizen-
ship, leaving to the individual the right in proper, proceedings to
purge his disqualification. . .". . 9 Ja 05, p. 11
Registration
2g2.g^ N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
z8i Form
a W. Va. White. **The new election laws should provide for devices
appearing at the head of each ballot and permitting a mark in a circle
under that device to indicate the voter's preference."
II Jao5. p.24
183 Marking. Assistance
a S. D. Herreid. ".• . . The county should provide a rubber
stamp for marking the ballots in order to still further eliminate the
possibility of coercion or collusion by marking ballots for subsequent
identification. It needs no argument to show that by the use of
variously colored pencils, and slight variations in making the cross, a
ballot may be identified. . ." 3 Ja 05, p.40
Z84 Polls
a DeL Hunn. ** General elections should not be permitted to be held
in schoolhouses. . ." 3 Ja 05, p. 11
185 Voting machines
a Mass. Douglas. "In several states voting by machinery has stood
the test of successful experiment, reducing the liability of error and
facilitating the work of totalizing the result. . .** $ Ja 0$, p.44
b liich. Bliss. "I believe that the most satisfactory and economical
system of voting demands the use of voting machines and that the
Legislature will make no mistake if it will devise some plan by which
the use of such machines can be made general throughout the state. . ."
5 Ja OS. p.5
c N. J. Murphy. "The last two Legislatures made substantial ap-
propriations for the purchase of voting machines, which have been
equitably distributed throughout the state. These machines give, as
a rule, excellent satisfaction. . ." 10 Ja 05, p.x6
187 Registration
a Del. Hxmn. "The people generally find the registration law irk-
some, and plainly demand *that the Constitution be amended so as to
provide for a permanent registration, instead of a biennial registration
of all the voters. . . At least the registration fee of $1 should be
abolished. Designed in a sweeping fashion to prevent bribery, it has
fallen so far short of its intent that none do it reverence. On the
contrary, political parties generally in the state, by common repute,
are compelled to make political provisions for this purpose, as a con*
stant charge upon the ordinary campaign expenses.*' 3 Ja 0$, p.23
b N. Y. Higgins. *'. . . In the larger cities colonization, intimi-
dation and false registration are the principal crimes against the fran-
chise. . . Proper means for the detection of such crimes, however,
have not been provided. . . The law now provides that upon
offering his name for registry, the elector shall state the place from
Canvaia
CONSTITUTIONAL LAW ELECTIONS 187-96
wbich he voted last. I would suggest that in addition to this he
stiould be required to state the time when he voted last. In the
large cities the principal colonization frauds are perpetrated from
lodging and furnished room houses. I would recommend that pro-
viaon be made for reports from these houses similar to those made by
hotels under the liquor tax law to the State Excise Department.
This might be affected imder a licensing system at a nominal fee
based upon the number of beds, and might be placed imder the
direction of the State Department of Health which now has some
authority over such places. Further means of identification
of naturalized citizens should be provided for in the registry books
so as to require either an absolute statement of the time of naturaliza-
tion and of the court which performed the act, or the production of
the naturalization papers themselves. . . One of the principal
methods of securing fraudulent naturalization papers has been for
the holder of legal papers to apply for duplicate papers, and then to
sen such duplicate papers to persons not entitled to possess them.
The law should be amended in this direction so that duplicate natur-
alization papers could be procured only upon an order of the court,
entered aiter a due presentation of the facts as to the lost certifi-
cates. . ." 4 Ja 05, p.ii-12
e Fa. Pennypacker. Revision of registration laws recommended.
3 Ja OS. p.iS
d W. Va. White. "Before 1902 the Constitution prohibited regis-
tration. The amendment ratified in 1902 requires that the Legisla-
ture shall provide for registration of all voters of the state. . . The
Constitution should be so amended that the Legislature could put
such a law in force where it is needed, and not be required to put it
in force where it is not needed and thereby put upon the people a
useless expenditure of their money . . . The Legislature of
1903 did not pass a registration law, though I called their attention
to the matter, and reconunended the passage of a law. . ."
II JaoS, p.23-24
194 Canvass. Contests
igs Count. Canvass. Returns
a CoL Adams. "The Supreme Court having annotmced ♦that until
the L^islature acts the State Board of Canvassers may go behind the
returns and, if so willed, may declare whom they please elected to
the Legislature, and as such power carried to its ultimate would
enable a set of state officers to perpetuate themselves in office, you
should follow the intimation of the court and pass a law making clear,
definite and limited the power of the Board of Canvassers."
10 Jao5,p.7
ig6 Contests
a lgt«n^ Johnson. "Governor Lind in his last message to the Legis-
lature called the attention of that body to the fact that the statutes
Cdminal procedure
200-16 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
provided no method for reviewing the ejection returns for a state
office. Under the present election laws, a candidate has no right
to contest an election. . . I would recommend the enactment of
a law which would provide a method of reviewing election returns
upon state offices." 4 Js^ 05, p.ao
200 ' CRIMINAL LAW
Penal Code and Code of Criminal Procedure
aoa Criminal procedure
For laws applying both to civil and criminal i>rocedure set 6951 Civil procedure
204 Apprehension
a m. Yates. "The administration of the criminal laws of the state
can be greatly aided by appropriating a fund to be \ised by sheriffs
and state's attorneys of the various counties to aid them in the arrest
and prosecution of criminals. . ." 4 Ja 05, p.4a
208 Reward
.a N. M. Otero. "... The Governor should be clothed with the power
to offer a suitable reward for the apprehension and conviction of
criminals. . ." 16 Ja 05, p.29
2X0 Extradition
a N. D. White. "The law relating to the extradition of fugitives
from justice should be amended. A tmiform law has been adopted
by quite a number of states, prescribing the form of application and
the proof necessary, both in interstate and international extraditions.
Such a law should be placed upon our statutes, with a severe penalty
for a failure of the applicant to prosecute upon the return of the
fugitive.'* 4 Ja 05, p.i8
2X3 Prosecutions
2x3 Grand jury
' Ti^ Fia. Broward. "On account of local conditions existing in a few
of the counties of this state, it is difficult or impossible to have grand
juries find indictments or to obtain convictions against offenders. I
recommend that this condition receive yoiu: careful consideration,
and that you provide such legislation as may be necessary to prevent
such failure to enforce the law." 4 Ap 05, p.49
2x6 Criminal trials
i a U. S. Roosevelt. "No subject is better worthy the attention of
j the Congress than that portion of the report of the Attorney General
dealing with the long delays and the great obstruction to justice ex-
perienced in the cases of Beavers, Green and Gaynor, and Ben-
son. . . They are precisely similar in kind to what occurs again
and again in the case of criminals who have sufficient means to enable
CRIMINAL -LATW CRIMES AND OFFBNS^^ 224 6o
tbem to take advantage of a system of procedure which has grown
up in the federal courts and which amounts in effect to making the
law easy of enforcement against the man who has no money, and
difficult of enforcement, even to the point of sometimes securing
immunity, as regards the man who has money. . ." 6 D 04, p.37
224 Judgment. Sentence. Execution
a Wash. Mead. ". . . I would, therefore, suggest amendments of
the statute to require that judgment in criminal cases be entered
immediately after the verdict of guilty is returned; that the time be
limited in which the person convicted may apply for a new trial;
that if his application for a new trial is overruled, the judgment of
the court be immediately executed, unless notice of appeal is given;
that immediately after the trial and conviction of a person chaxged
with infraction of the criminal statute, and the denial of a motion for a
new trial, the court stenographer prep£^ .a transcript of the testimony,
serve a copy upon the defendant or his attorney, and that when the
testimony is authenticated by the trial judge it be filed with the clerk
of the Supreme Court. I recommend, also, amendments
requiring that the Supreme Court shall give preference to criminal
causes in its assignment of cases pending before the court; that, if
necessary, civil cases give way for the immediate hearing of criminal
cases, when transcript and briefs are on file ; that the time be lessened
for the filing of briefs, and that no extension be permitted by stipula-
tion or order of the Superior Court, and only granted by order of the
Supreme Court." 11 JaoS, p.21
233 Criminal jurisdiction
a W. Va« White. Jtuisdiction of state courts in criminal matters.
II JaoS, p.27
234 Crimes and offenses
336 Crimes agaiast the government
25a Flags: desecration
a Kan. Hoch. Law should be passed to prevent desecration of flag.
10 Ja 05, p.19
256 Crimes against public order and security
Sse also 870 Public order
260 Vagrancy
a ICass. Douglas. "There seems to be an unreasonable provision
in the law for the unemployed which deserves correction. When,
without work, they loiter on the highways they may be imprisoned
therefor, while if they beg for food to keep them alive they are likewise
subject to pvmishment. Such laws seem barbarous and inhuman,
and different methods of treatment are demanded." 5 Ja osp, 4.3
62-335 ^' ^' STATE LIBRARY GOVERNORS MESSAGES I905
362 Weapons
a Tenn. Frazier. "No one thing contributes more to the number of
homicides which are annually committed in the state than the habit
of canying concealed weapons. . . The laws against carrjdng
concealed weapons should be amended and made more stringent.
The grade of the offense should be raised, or at least imprisonment
for violating existing laws made mandatory." S Ja 05, p.27
264 Crimes against public morals and the family
See also 895, Cruelty to children and animals; 939, Sunday observance
a68 Adultery
a Id. Gooding. "Discussion during the campaign disclosed the fact
that adultery was not a crime tmder the statutes of Idaho. Such a
law should be passed." ^ 5 Ja 05, p.22
282 Polygamy
a Id. Gooding. ". . . I would advise . . . the passage of a
law making polygamy a crime. . ." 5 Ja 05, p.22
335 Corrections
See also 60, State institutions; 3140, Charities
a Ind. Hanly. Report of the prison reform commission. "A sys-
tem of workhouses under state control, in which all male prisoners
convicted of crime, which under existing law is made punishable by
imprisonment in the county jail, shall be confined, is proposed. . .
I am impressed with the belief that the suggestion contains the prac-
tical basis of a much needed reform. The second recommen-
dation involves the abandonment of the contract labor system in the
State Reformatory and the emplo)rment of the prisoners there in a
school of letters, in trade schools and at labor on state account. . .
The employment of prison labor on such account, that is to say, in the
production of articles to be sold by the state or used by the state in its
various institutions, or by the political divisions thereof, has been
demonstrated to be practical and of all methods least objectionable to
free labor and production and most satisfactory to all the people, . . "
9 Jao5,p.i3-i4
b N. Y. Higgins. ". . . Penologists still maintain that our
prison laws are largely anomalous and antiquated, and they urge the
adoption of a system of state control for all state offenders, the exten-
sion of the parole system, the enlargement df the reformatory idea,
and other changes looking toward a more consistent and scientific
treatment of the subject. I recommend to the Legislature the con-
sideration of this problem and the wisdom of adopting more modem
methods when the finances of the state will permit. . .**
4jao5. p.21
State prisons
CRIMINAL LAW CORRECTIONS
34Z
341 State prisons
a Ari. Brodie, 16 Jao5,p.22. Col. Peabody,6Jao5,p.8-9. MinxLVan
Sant, 4 Ja 05, p. 12. Ifev. Sparks, 16 Ja 05, p. 20. N. J. Murphy,
10 Ja 05, p.7-9. OkL Ferguson, 10 Jao5, p.12. Or. Chamberlain,
11 JaoS, p.17-18. S. C. Heyward, 10 Ja 05, p.24. Tenn. Frasder,
3 Ja 05, p. 15. Tex. Lanham, 12 Ja 05, p.20. U. Cutler, 10 Ja 05,
p.2o. Vt. McCullough, 6 O 04, p.13. W. Va. White, 11 Ja 05, p.41.
Wy. Brooks, 11 Ja 05, p.17.
b ArL Brodie. "... I am sincerely of the belief that it would
be a wise xx>licy at this time to establish a branch prison at some con-
venient point where irrigable land can be procured in the imme-
diate vicinity of a stone quarry, where the work of a number of
prisoners could be utilized in the construction of permanent buildings
and where they would be at all times employed at suitable work. . ."
16 Jaos,p.22
c Ark. Davis, ". . . If I were on a jury in Arkansas, I would
hesitate long and the proof would have to be plain and abrmdant for
me to convict a white man and send him to the State Penitentiary
for any of the smaller infractions of the criminal law. . . I desire
to present to the presiding of&cer of this body a lash such as is used
daily upon the backs of these unfortunate criminals, and express the
hope that the lash of public sentiment may be laid as strongly and
surely upon political backs of those who refuse to pity and ameliorate
the condition of these poor unfortunates." 1 1 Ja 05, p.37-39
d CaL Pardee. "At the last session of the Lregislature there were
subcnitted several committee reports upon the condition of the two
State Prisons, and in one of these, which was made by a select com-
mittee of the Assembly, the following language was employed.
*The^two prisons are schools of vice and universities of crime. . .
BojTS and yoimg men, guilty of one offense against the laws, but not
yet hardened in crime, are sent to these prisons not to be reclaimed,
but to be systematically seduced and debased by utterly degraded
convicts. . .' The main defects of our prison system — ^which may
be summed up as lack of classification and segregation of the convicts,
lack of cell and yard accommodations, and lack of intelligent adapta-
tion of means to ends in reformatory treatment — ^have been not only
recognized but quite well understood for a long time. . . The
present session of the Legislature ought not to close without a sub-
stantial beginning having been made in the necessary work of prison
reform. . ." 2 Ja 05, p.31-34
e Id. Gooding. Improvements in penitentiary needed. 5 Ja 05, p.9
f Mass. Douglas. Special message in regard to crowded condition of
prison at Charlestown. 17 Ap 05, 4p.
g Minn. Van Sant. ". . . It would seem the part of wisdom
. . . to select a site for a new prison with ample grounds, as near
as practicable to the old prison, upon which new buildings may be
erected only as fast as required to relieve the overcrowded condition
of the old prison. . ." 4 Ja 05, p.15
ReformatDrrea
N. Y. STATE LIBRARY GOVERNORS MESSAGES I90S
h N. D. White. "Every cell at the penitentiary is occupied and
additional room will be needed there. . ." 4 Ja 05, p. 14
342 Employees
a S. D. Elrod. Employment of chaplain recommended.
3 Ja 05. p.6
343 Reform schools and reformatories
345 Institutions for women and girls
a N. J. Murphy, 10 Ja 05, p.io-ii, N. .Y. Higgins, 4 Ja o5,*p.io.
W. Va. White, 11 Ja 05, p.41.
b ■ CaL Pardee. ". . . In relation to the redemption of wayward
girls ... I am not sure that a public institution can bring to
bear upon the subject in hand all those personal influences which
make for the salvation of those imder its charge. It may be that a
better way would be to commit such young women to benevolent
institutions provided for that purpose, choice to be made in the dis-
cretion of the court, the expense to be borne by state and coimty as
now, such institutions to be subjected to state and judicial inspection.
The expense to the taxpayers would be one half less per capita than
at present, and the results are not unlikely to be more fortunate."
2 Ja OS, p.36
c Ind. Durbin. Separation of Girls Industrial School from Woman's
Prison. 6 Ja 05, p. 2 4-2 5
d liich. Bliss. **I hope that provision will be made for a state
prison for women convicts. . . A state prison for women convicts
would give greatly needed relief to the Industrial Home for Girls in
providing a place where incorrigible girls could be subjected to re-
formatory methods and not be in a position to contaminate others
of less evil tendencies. " 5 Ja 05 , p. 1 3
e Minn. Van Sant. Removal of girls from the Red Wing Training
School, and the establishment of a new institution for them to be
known as the . . . State Industrial School for Girls . . .
recommended. 4 Ja 05, p.io
f Neb. Mickey. *'. . . As there is a similarity in the work accom-
plished by . . . [the Home of the Friendless and the Industrial
Home] it seems to me that their duties might be combined, and all of
the inmates of both be cared for at whichever one of the plants is
best suited to the dual load. . /* 5 Ja 05, p.27
346 Reform schools
a CoL Peabody, 6 Ja 05, p. 10. Id. Gooding, Idaho Industrial Re-
form School at St Anthony, 5 Ja oS,p. 10. Kan. Hoch, 10 Ja 05, p. 17.
N. H. McLane.S Ja 05, p.8-io. N. J. Murphy, 10 Ja 05, p.io. N. Y.
Higgins, 4 Ja oS, p.io. U. Cutler, 10 Ja 05, p. 18. Vt. McCullough,
6 O 04, p.ii-12. W. Va. White, ii Ja 05, p.41. Wy. Brooks, 11 Ja
oS,p.2o.
b Ari. Brodie. ". . . I have recommended that the care and
control of this institution be transferred to the Board of Control, and
the office of Board of Trustees abolished. . . I recommend that
Reformatories
CRIMIKAL LAW CORRECTIONS : 346
the appointment of superintendent of the Territorial Industrial School
be vested in the Governor, and. that the superintendent of the Ter-
ritorial Prison and the superintendent of the Territorial Industrial
School be required by enactment to burnish bonds in the sums of
$10,000 and $5000 respectively." 16 Ja 05, p.24
Ark. Davis. "In each message that I have delivered ... I
have laid special stress upon the necessity for a reform school. . .
It has been my policy, in order to bring about a public discussion of
this subject and force a public knowledge of the necessity for this in-
stitution, to pardon all white boys tmder the age of 18 conJ&ned in the
penitentiary, regardless of the crime they had conunitted. . . Let
these unfortunate white boys and negroes as well, and the fallen white
women, be committed to this reformatory, to be managed by this
board of three citizens selected by the Governor, they to ... be
empowered to buy necessary tools and machinery and equipments of
every kind for the purpose of starting, in a small way and on a cheap
basis^ a reformatory of this description, where white boys may be
taught some useful occupation and the negro boys be compelled to
work and support the institution while it is being done. This would
prove a blessing, not only to the white boy, but to the negro boy as
well. . .*' . . II Ja oS, p.8-io
d CaL Pardee. ". . . The schools at bpth lone and Whittier are
inadequately supplied with teachers and apparatus, and it is my
judgment that both of these schools should be made essentially agri-
cultural in theory and practice. . ." 2 Ja 05, p.35-36
e Fla. Broward. '*. . . Legi^ation should be enacted providing for
the maintaining of a state reform school. . . I also recommend
that under such proper restrictions as may be necessary, the commit-
ment of juveniles, other than offenders, be permitted. . ."
4 Ap OS, p.30-31
f Kan. Hoch. "The last Legislature authorized the expenditure, \m-
der the auspices of the Woman's Social Science Federation, of $1200
in the purchase of books and pictures for the Girls Industrial School,
at Beloit. It was a wise expenditure, and I now recommend the appro-
priation of a similar sum for the Boys Industrial School at Topeka."
10 Jaos, p.io
g Hinn. Johnson. Separation of the sexes at State Training School
recommended. 4 Ja oS, p.17
h S. C. Heyward. ". . . I have noticed with much gratification
a movement by the South Carolina Federation of Women's Clubs for
the establishment of an Industrial School and Reformatory for. . .
white boys. . ." 10 Ja 05, p.24
i TemL Frazier. ". . . The state should provide a reformatory
school to which children under the age of 15 years who commit felonies
should be sent by the courts who try and convict them. . ."
3 Ja 05, p.i8
Convict labor
347.54 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
347 Reformatories
a CoL Peabody, 6 Ja 05, p.9. Ind. Dtirbin, Reorganization of the
Indiana Reformatory, 6 Ja 05, p. 2 1-24. Vt. McCuUough, House of
Correction, 6 O 04, p. 12. Wis. La FoUette, 12 Ja 05, p.89.
b Ct Roberts. Report of commission on erection of a reformatory:
in view of the effect of the law now in force relating to indeterminate
sentences the Governor questions the advisability of erecting a re-
formatory. 4 Ja OS, p. 1 2-1 3
c liich. Bliss. ''Attention is again called to the necessity and ad-
visability of absolutely setting the Michigan Reformatory apart as a
place for the detention of first offenders only, and as has been pointed
out this can be done by substituting "shall" for ''may" in the law.
The minimum age for offenders liable to be sentenced to this institu-
tion should be decreased." 5 Ja 0$, p.13
d Mo. Folk. Establishment of reformatory for first offenders recom-
mended. 9 Ja 05, p. 1 4
e N. J. Murphy. "The institution at Rahway ... is over-
crowded. . . Need for immediate enlargement is urgent. . ."
10 Ja OS. p.9
f N. C. Glenn. "... A committee . . . should be appointed
. . . to . . . report . . . whether at this time the
maintaining of ... a reformatory can be safely undertaken by
the state." iijaos, p.14
352 Discipline. Instruction. Care of sick
a Mass. Douglas. Isolated prison should be provided for consiunp-
tives. S Ja 05, p.4i-4a
b Or. Chamberlain. "... The chaplain of the prison ought to be paid
a salary commensurate with the service rendered by him, required to
devote all his time to the welfare of the prisoners and to maintain a
school in the prison chapel or some convenient room within the walls
for the benefit of the youths and the illiterate class at such hours as
these prisoners can be spared to him without impairment of the dic-
cipline of the institution. . ." 11 Ja 05, p.23
353 Commitment. Transportation. Transfer
a Hon. Toole. Taxation of costs of transporting prisoners to the
penitentiary to the several counties from whence they come instead
of the state recommended. 2 Ja oS, p.4
b N. Y. Higguis. "I . . . recommend that some provision be
made for the transfer from penal institutions of imbeciles and idiots
committed thereto, to other state institutions where they may receive
proper treatment." 4 Ja 05, p.21
354 Convict labor
a DL Yates, 4 Ja 05, p.42-45. Tex. Lanham, 12 Ja 05, p.20-21.
b CoL Peabody. ". . . Some provision must be speedily made
whereby the unfortunate convicts . . . shall be given employ-
Convict labor
CRIMINAL. LAW CORRECTIONS 354-56
ment. . . Under the present laws the convicts are prohibited from
engaging in any manual labor which can possibly come into conflict
with free labor, and for several years no brick or cut stone for uses
outade of the institution itself have been manufactured by the con-
victs. The roads and streets in the locality in which the penitentiary
is situated wotdd afford ample opportunity for the emplo3rment of
large numbers of convicts, that would prove equally beneficial to the
institution and the pubHc at large. . ." 6 Ja 05, p.9
c DcL Hunn. "Whether a state workhouse, or one for eachcoimty
should be provided for by the General Assembly, is a question upon
which there is a considerable variety of opinion, but there is great
unanimity, however, as to the fact that convicts should be made to
labor in some fashion. . ." 3 Ja 05, p.az
d Id. Gooding. £mplo3rment for convicts should be provided.
5 Ja OS, p. 9-10
e Kan. Hoch. "From the report of the warden of the penitentiary
you will learn that that institution is self-sustaining. . ."
10 Ja 05, p.15
f S. D. Herreid. "The enforced idleness of prisoners is both cruel
and demoralizing. . . I earnestly reconunend such legislation as
win in the near future, provide profitable emplojnnent for the prison-
ers of the State Penitentiary." 3 Ja 05, p.40-41
g Tenn. Frazier. "Our system provides for working the convicts
in the state's coal mines at Petros, on the farm adjacent to the
main prison near Nashville, and in certain lines of manufacturing
inside the prison walls. . . their earnings for the past two years
have not only been sufl&dent to maintain them without cost to the
taxpayers, but, in addition thereto, the net profits have been nearly
or quite sufficient to reimburse to the state the entire cost of criminal
prosecutions. . ." 3jao5, p.ii
355 State accoimt system
a CaL Pardee. ". . . Folsom Prison has no productive industry
except the crushing and sale of macadam rock, which has returned a
profit of only a few thousand dollars a year, and even this business is
now threatened by the exhaustion of the quarry. . . At San
Quentin the jute mill gives employment to about 800 of the 1500
prisoners, and runs at a profit, ordinarily, of $40,000 or $50,000 a
year. It seems probable that the best solution of the prison
labor problem will be found in the New York system of manufacturing
necessary articles for state institutions, whereby emplo3rment can be
diversified, and at the same time direct competition with free labor
be avoided.'* 2 Ja 05, p.34-35
356 Contract and lease system
a Pla. Broward, 4 Ap 05, p.3i-3<5.
b Ind. Dufbtn. ". . . Two years ago I called into conference
a number of gentlemen, representing both manufacturers and wage
earners, and after much discussion and consideration, no satisfactory
Convkt taboT
356-57 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
substitute for the contract system as controlled and supervised in
Indiana could be determined upon, and personally I doubt if one can
be devised. . ." 6 Ja 05, p.a7
c Or. Chamberlain. "... I suggest the appointment of a com-
mittee to inquire and report as to the propriety of renewing the present
contract, and if renewal is deemed advisable, what changes, if any,
should be made in the terms thereof. . . " 11 Ja 05, p. 19
d Vt. McCullough. *'Th& present contract for the labor of priisoners
in the State Prison will terminate by its own liiliitation May i, 1906.
Under this contract the state is paid seventy five (75) cents a day for
each able-bodied man." 6 O 04, p. 13-14
e Wis. La Follette. *\ . . During the biennial term the old
contract for the emplo3nnent of prisoners expired and a new contract
was made by which the earning power of each prisoner has been
increased 15 cents per day. . . Objections are urged by labor
tmions, to the employment of prison or other state labor upon con-
tract where the products of such labor go into open market in com-
petition with labor generally. . . It would seem that the amount
of the product so placed upon the market ... can not appre-
ciably affect the scale of wages in any outside employment. . ."
12 Ja 05, p.88
357 County and municipal convicts
a Ct Roberts. **. . . The reports of the county commissioners,
for the year ending June 30, 1904, show that the state paid $109,971,
while the receipts from the prisoners' earnings amounted to but
$16,874, or about 15% of the state's contribution. . . I suppose
at least 90% of the persons sent to jail are physically capable of
earning their support. They should be furnished with something to
do and then made to do it. . ." 4 Ja 0$, p.26-27
b Fla. Broward. "An investigation will show that at least 75% of
the complaints in regard to the treatment of convicts has come from
camps where the co\mty convicts are worked or leased. Some
measure should be provided which shall remedy this evil, and pro-
visions for the inspection and proper care of all cotmty convicts and
convict camps shotdd be made mandatory upon the coimty authori-
ties. . ." 4Apo5,p.36
c Ga. Terrell. **. . . If all misdemeanor convicts are not to be
worked upon the public roads, or other public works, as the law
directs, then those who are not so employed should be put under
control of the commission, which body should be authorized to sell
their labor as that of felony convicts is sold, the proceeds to go to the
counties in which they are convicted, to be applied as now provided
by law. Such legislation would not only tend to improve the con-
dition of the convicts, but would remove all groimds of criticism that
chain gangs under control of private individuals, with only nominal
county supervision, are in violation of state or federal. laws." .
28 Je 05, p.i9-ao
Convict labor
CRIMINAL LAW CORRECTIONS 358-6e
•35S Roads
a l>eL Hunn. Use of convict labor on roads and streets recom-
mended. 3 Ja ©5, p 21-22
b Or. Chamberlain. *'. . . Before becoming intimately ac-
quainted with the kind and character of men coniined in the peni-
tentiary in this state I inclined to the opinion that all or nearly all of
the convicts might be utilized upon the public highways, and under
certain conditions, limitations and restrictions this might be feasi-
ble. . . With us, it is safe to say, that a small percentage of those
confined in the penitentiary could be intrusted outside the walls
without a strong force of well armed guards and steel portable cells in
which to confine them when not at work. . . I have thought it would
be wise to appropriate a stun of money as was done two years ago for
the improvement of some of the roads in the neighborhood of the State
Capitol, utilizing as far as possible convict labor in conjunction with
such facilities as the cotmty authorities would furnish. . . In
addition to this, a law might be passed providing for utilizing some
of the convicts upon the public roads on the requisition of any county
desiring them, the cost of maintenance to be paid by such county. . ."
II Ja oS, p.20-21
^9 Disposition of goods
a DL Yates. "The consensus of the opinion of a legislative com-
mittee appointed from the Board of Prison Industries by that board,
is, that it is wise that an amendment should be made to the present
law providing that after aU. articles which can practically be manu-
factured, have been furnished to the state and its subdivisions, that
then the surplus product then remaining over shall be sold in the open
market, imder such regulations and restrictions as may be deemed
advisable. . . I would be reluctant to recommend this change
in the law. . ." 4 Ja 05, p.44
b HL Yates. "A strict enforcement of the letter of the law would
require every official of the state, except those whose printing is fur-
ni^ed by the Commissioners of State Contracts, to secure all books,
blanks, and other printing from the Board of Prison Industries. . .
To enforce this law as it now stands, would not only bring great
financial loss upon the owners of these printing offices, but it would
force out of emplo3rment, or drive to other places, the skilled me-
chanics now employed. . ." 4 Ja oS, p.45
c Kan. Hoch. '*. . . I wish to indorse the. recommendation of the
Board of Directors that each state institution shall pay cash for what
it receives from each other state institution, 'as it would,' to quote
their language, 'more clearly show the correct receipts and expen-
ditures of each one.' . . ." 10 Ja 05, p. 15
360 Special industries
a m. Yates. "The officials of the Southern Penitentiary, after
investigation o^ the subject, will, in the near future, if the "present
Convict labor
35q n. y. state library governors messages 1905
law can be amended as to permit it, instal a binder twine plant. • ."
4 Ja OS, p.44
b Kan. Hoch. ". . . The [state twine] plant has already paid
for itself and has money left to its credit, but this is not the most
important fact concerning it. It has materially affected the price of
twine, to the advantage of the farmer, in every local market of the
state." ioJao5,p.i6
c Mass. Douglas. '*Many of the short-term men in the county
houses of correction might be employed in reclaiming waste and
unimproved lands, a labor which will never be invested from any
other source. This experiment is now on trial by the state at Rutland,
and has been successfully tried at the State Farm at Bridgewater. . ."
5 Jao5,p.42-43
d Minn. Van Sant. **. . . Conservatively estimated the twine
plant has profited the state to the extent of over one and one half
millions of dollars. . .** 4 Ja 0$, p.13
e Minn, Johnson. "For a number of years the state has main-
tained a plant at the State Prison for the manufacture of binding
twine. . . It is a profitable source of employment for our convict
labor, and in addition thereto, is of great benefit to the farmers of the
state by giving to them cheaper binding twine. . . It might be a
source of economy to engage a portion of this labor in the manufacture
of shoes and clothing for the inmates of our other public institutions,
but aside from this, I believe it would be wise, economical and profit-
able, to extend the twine plant to such an extent as to provide em-
plojrment for the remainder. . ." 4 Ja 05, p.ii-ia
f S. D. Elrod. "At the earliest date possible, a twine plant should
be established at the penitentiary, for three reasons. First, it would
give useful employment to the prisoners; second, it would reduce the
cost of twine to our farmers; and third, with careful management,
it will put money into the state treasury instead of taking it out. . •"
3 Ja OS, p.S
g Tenn. Frazier. "The last General Assembly authorized the Prison
Commissioners, by and with the consent of the Governor, to purchase
iS.ooo acres of coal lands for the state. . . The number of acres
authorized to be purchased should be increased to 25,000. The
present policy of working the state's prisoners in coal mines has
proven profitable and satisfactory from every standpoint. . ."
3 Ja OS. p. 16
h Tex. Lanham. "As provided by chapter 34, acts of the' 28th
Legislature, the sum of $150,000 was appropriated for the rehabili-
tation, enlargement and thorough testing of the iron industry,
for many years conducted in connection with the Rusk Penitentiary,
and to erect and equip a modem furnace and necessary appliances
for the manufacture of pig iron and kindred products. . . The
output of iron and pipe is satisfactory both as to quality and quantity
and the demand therefor sufficient to give every assurance that the
plant will soon become more than self-sustaining and be able to
Sentencing and reform
CRIMINAI. LAW CORRECTIONS 36Z-70
largely reimburse the state for the heavy expenditures incident to
its reestablisbment and more thorough equipment. . ."
12 Ja OS, p.2i
361 Criminal insane
a Or. Chamberlain. There are now confined in the insane asylum
about IS insane convicts. . . Sufficient money should be appro-
priated to fit up, with regulation cells to guard against escape and to
secure isolation, a portion of one of the wings and enclosures of the
asyliun." 11 Ja oS, p.22
b Tenn. Prazier. ". . . Some provision should be made by
proper legislation by which the Governor, upon proper and satis-
factory evidence of insanity, could have such insane prisoners trans-
ferred to an asylum for the insane where they could be properly
treated, and if restored, returned to the State Prison." 3 Ja oS", p. 19
c W. Va, White. ". . . I . . . recommend that at one of
the two hospitals for the insane a small ward or building should be
set apart and properly equipped for the confinement and care of the
criminal insane. . .'* ziJaoS,p.4S
d Wia. La Follette. "There is no provision for the confinement of
the criminal insane. . . Some provision should be made for their
separate maintenance." 12 Ja oS, p. 89-90
363 System of sentencing and reform
367 Discharge
a Tenn. Frazier. "As each prisoner is released he should be given
a small sum of money sufficient to keep him from actual htmger and
want for a few days, till he could find friends or employment. . ."
3 JaoS,p.i7-i8
370 Indeterminate sentence
a Mick. Bliss. "The indeterminate sentence act, while most of its
ambiguous statements have been made plain by decisions of the
Supreme Court, should be amended to accord with the principle on
which the law is founded, in that the sentence in all cases except
those which the court may impose for life or any number of years,
shall be a general sentence and dependent alone on the terms stated
in the statute under which the proceeding is brought. To make this
more effective, and for the securing of greater safeguards, there ought
to be a redetermination of the minimum and maximum of sentence
in many of the laws constituting the criminal enactment."
5 Jao5,p.i3
b Or. Chamberlain. ". . . Every sentence of a person to the
penitentiary, except of one sentenced to life, should be indetermi-
nate. . . But a prisoner convicted more than once of a felony
should be ineligible for either an indeterminate sentence or a
parole. . ." iiJaoS,p.37
c S. D. Elrod. "We recommend that you provide for the indeter-
minate sentence of convicts. . ." 3 Ja 05, p.s
Sentencing and reform
370-72 N. Y. STATE LIBRARY GOVERNOIIS MESSAGES I905
d * W. Va. White. **. . . The indeterminate sentence law has
not' been taken advantage of as yet by the judges of our courts as
much as it should be. The suggestion, that the judges should be
required to visit this institution at least once a year, and their expenses
in so doing to be provided for, is a wise one, as the new laws require
the judges to assist the state officers in passing upon questions in-
volving the parole of prisoners, and they should become acquainted
with the workings of the institution and the value of the indeterminate
sentence in the work of reformation." 11 Ja 05, p.43
371 Juvenile offenders
S00 also 346. Reform schools; 374. Probation; aiyi. Chfldren
a DL Yates, 4 Ja 05, p.39.
371(3 Juvenile courts. Juvenile probation
a Id. Gooding. Establishment of juvenile courts recommended.
5 Jaos, p.io-xi
b Kan. Hoch. System of juvenile courts recommended.
10 Ja OS. p.8
c Or. Chamberlain. "In at least 13 stages. laws have been enacted
having for their object the care, control and protection of dependent,
neglected and delinquent children. , , Colorado has gone farther
than any other state in canying out the principle of the probation
system. . . I suggest it as a model from which to frame a law
suitable to conditions that exist here. . ." 11 Ja 05, p.36
d U. S. Roosevelt. "In the vital matter of taking care of children,
much advantage could be gained by a careful study of what has been
accomplished in such states as Illinois and Colorado by the juvenile
courts. . . By profiting by the experiences of the different states
and cities in these matters, it would be easy to provide a good code
for the District of Columbia.** 6 D 04, p.xi-ia
. e Wash. Mead. '*. . . I am of the opinion that the creation of
[juvenile] courts in cities of the first class in the state would be bene-
ficial. . ." iiJaoS, p.24
372 Parole
a Mich. Bliss. "That excellent results have been secured under
the parole law, whereby the convict is released with a friend to look
after his welfare, is borne out by the statement that less than one
in 10 have been returned for violation of the parole rules."
5 Jaos. p.i3
b N. C. Glenn. "The Constitution of North Carolina recognizes
conditional pardon, but to this day no legislation has been adopted
to give it effect. It seems to me to abpund in wisdom, and should
commend itself to the thoughtful consideration of the Legislature."
II Ja 05, p.i6
c Or. Chamberlain. ". . . The Governor should be permitted,
on the recommendation of the Superintendent and Warden of the
prison, to parole a prisoner for good conduct, and when in their opinion
reformation appears to be complete. . .** 11 Ja oS, p.37
Sentencing and ntfom
CRIMINAI« LAW CORRECTIONS • 37^74(S
d' Tenn. Frazier. " Some sj'stem of paroles should }5e provided. . ."
3 Ja 05, p.17
373 Pardons
a DL Yates, 4 Ja 05, p.41-42. N. C. Glenn, 11 Ja 05, p.i6. S. D.
Eltod, 3 Ja 05, p.6. Tex. Lanham, 12 Ja 05, p.21-22. U. Cutler,
10 Ja 05, p.ai. W. Va. White, .1 1 Ja 05, p.43-44.
b CaL Pardee. '*. . . I have assumed that a conditional com-
mutation, which will be a restraint upon future conduct, is better
than a commutation which is unconditional, and, with this in mind,
I have inserted in such documents a provision that if the person be
subsequently convicted of felony, he mu^t serve out the tinexpired
portion of his former term of imprisonment, as well as his new one."
2 Ja 05, p.38
c CoL Peabody. ". . . Because the Pardon Board is merely
advisory, however, it would appear that it is not a necessity, and I
renew my recommendation of two years since, that it should be
abolished. The work necessary for compiling data and simimarizing
cases requiring executive consideration should devolve upon the
secretary of the Board of Charities and Correction, for which addi-
tional service reasonable compensation should be provided."
6 Ja 05, p.ii
374 Prottation
5*9 also 37 z, Juvenile offender?
a Mass. Douglas. ". . . Punishment by imprisonment brands
the offender with indelible disgrace and . discourages him from re-
deeming his reputation. . . It seems to me that first offenses and
offenses committed by women or'fhe yotmg should, by an established
system, be treated as objects of diligent investigation and of indulgent
treatment, to the end that the offenders may be rescued from the
hopeless lot of criminals. . . I believe, that imfortunates, the
hungry, the unemployed and the intoxicated should not be taken to a
cell when a door of charity is open to them and improvements may
be hoped for without punishment. . . There should be diligent
inquiry whether or not there are inducements to officers of the law
in the fee system of our commonwealth to bring persons to the courts
who might be taken to their homes or to charitable hands, without
injury to the community. . . I would suggest also an inherent
evil in the requirement of the law that those guilty of minor offenses
shotdd stand committed when unable to pay a fine. . . It seems
possible to devise a system by which such minor offenders may be
allowed a period of probation in which they may earn the amount of
the fine and thus be spared imprisonment." 5 Ja 05, p. 3 2-3 4
b Mich. Bliss. ". . . In case of the probationer, where in the
judgment of the court he has demonstrated that he will lead a good
Ufe, provision should be made to terminate the probation by dis-
charge." • 5 Ja 05, P.13
374(5 Whipping. Pillory
a Or. Chamberlain. *'. . . Criminal statutes will not reach the
brute who strikes and beats a defenseless woman, the mother of his
Property
374-426 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
children. . . For such inhuman creatures the public whipping
post has been proven to be the most effective ptmishment, and I rec-
ommend such a law for your consideration." 11 Ja 05, p.39
b U. S. Roosevelt. "There are certain offenders, whose criminality
takes the shape of brutality and cruelty towards the weak, who need
a special type of punishment. The wife beater, for example, is inade-
quately pimished by imprisonment; for imprisonment may often
mean nothing to him, while it may cause himger and want to the
wife and children who have been the victims of his brutality. Prob-
ably some form of corporal punishment would be the most adequate
way of meeting this kind of crime.*' 6 D 04, p. 13
375 CIVIL LAW
Civil Code and Code of Civil Procedure
377 Property
379 Real property
393 Conveyance
5#f also 835. Tax on deeda
396 Record
a Wis. La FoUette. **A simplification of our system of transferring
land titles would seem to be desirable. . . The states of Illinois,
Massachusetts, California, Minnesota, Washington, and Colorado and
many European countries have adopted the Torrens system of land
registration, which seems to afford a simple, speedy and safe method
of transfers. . . The subject is very important, and action should
be taken only after careful investigation of the matter and any legis-
lation changing our present system should be framed with the greatest
care." 12 Jaos, p.94-95
405 Liens and mortgages
a Del. Hunn. Message to special session of Legislature called to
consider amendment to an act limiting judgment Uens on real estate
in Kent and Sussex coimties. 29 D 04
426 Administration of estates
Set also 836, Inheritance tax; 1698, Tnist companies
a Wash. Mead. ". . . I recommend a revision of the entire
procedure so that the law governing the administration of estates
will reduce the expense of settlement of the estate, and lessen the time
for the distribution of the property to the beneficiaries. Superior
judges, sitting in probate cases, should have jurisdiction to settle
and adjudicate all matters connected in any way with the estate."
IX Jaos, p.2S
CIVIL LAW TORTS
«a Contracts and Other Obligations
Sm also 787, Contracts and supplies (public); 835. Tax on deeds and contracts
4S9 Sale of merchandise
a W. Va. White. **. . . I call the attention of the Legislature
to the advisability of passing laws regtdating the sale of stocks of
goods in bulk. . ." iiJaoS, p.77
463 Interest Usury
a S. D. Elrod. "The time has come when the rate of interest by
contract should be lowered from 12 %. It is a shame that any citizen
can be required to pay such a rate. It is not fair to the borrower,
neither b it consistent with sotmd banking principles."
3 Ja 05, p.4
467 Suretyship
a H. M. Otero. "The present law providing for banks to give bond
to the territory for public moneys received by them. . . should
be changed so as to require all such bonds to be executed by a fidelity
or a surety company. . . and I earnestly recommend that you
enact a law to this effect, and also providing that all official bonds
now required by law be executed in the same manner, and that no
personal sureties be received. For many years the territory has been
put to great delay and expense in bringing suits upon such bonds,
which are invariably contested with great bitterness and result very
unsatisfactorily, and I believe that the records will show that not
10% of the amounts for which suit was brought have been recovered
by the territory. . ." 16 Ja 05, p.7
^ Torts
S«9 also index under Damages to property
Personal injury
S## also 13x5. Railroads; 3x25. Employers liability
a Mo. Folk. "A remedy should be provided for the negligent
deaths of adult tmmarried persons by giving the father or mother the
right to sue. Under the present law there is no remedy in such
instances. Strange to say, if a railroad, for instance, injures one over
31 years of age unmarried the damages are tmlimited, but if, instead
of injuring, the railroad kills, no damages can be recovered at all. . .
It often happens that an adult, while having no wife or husband,
may have a dependent mother or father, and they, at least, should
have a right of action in such instances. . ." 9 Ja 05, p. 15
472 Libel. Slander
a H. M. Otero. "There has been some demand, even on part of the
press, for a statute defining libel and providing for its punishment.
47X
Marriage
472-76 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
If such a statute is passed, care should be taken that its interpretation
does not stifle honest criticism by the press, of public officials and
public affairs. The liberty of the press must in no .way be circum-
scribed, and in case a publication is honestly misled into a libelous
utterance, a retraction should be considered sufficient atonement in
addition to the payment of such actual damages as may have resulted,
or are provided for by the common law. . ." 16 Ja 05, p.28-29
b Pa. Pennjrpacker. '*At the last session of the General Assembly,
an act was passed requiring newspapers to exercise reasonable care
with respect to what they published, and further requiring them to
print upon the editorial page the names of those responsible for the
publication. . . the act has resulted in a marked improvement
in the amenities of journalism in so far as they concern persons in
, . private life. . . Further legislation is required for the protection
of the commonwealth from the injury to her reputation and the dis-
advantage to the administration of her affairs which arise from the
prevalent dissemination of scandalous inventions concerning her
officials and their efforts in her behalf. . . Notwithstanding our
constitutional provision concerning freedom of speech, in the case of
Commonwealth vs Mohn, 2 P. F. Smith, p. 243, it was held that the
law of common scolds is retained in Pennsylvania, though the pim-
ishment is by fine and imprisonment. To punish an old "woman,
whose scandalous outcries are confined to the precincts of one alley,
and to overlook the ululations which are daily dinned into the ears
of an unwilling but helpless public by such journals, as have been
described, is imjust to both her and them. I suggest the application
of this legal principle to the habitual publication of scandalous un-
truths. Let the persons harmed or annoyed present a petition to the
Attorney General setting forth the facts and if, in his judgment, they
show a case of habitual falsehood, defamation and scandal so as to
constitute a public nuisance, let him file a bill in the Court of Common
Pleas having jurisdiction, asking for an abatement of the nuisance,
and let the court have authority, upon sufficient proof, to make such
abatement by suppression of the journal so offending, in whole or in
part, as may be necessary. Since this adaptation of existing law is
only to be applied to the elimination of habitual falsehood in public
expression, it will probably meet with no objection from reputable
newspapers. Since both the Attorney General and the courts would
have to concur, the rights of legitimate journalism are sufficiently
protected and it is only in an extreme case that the law could be
invoked. . ." 3 Ja 05, p.iS-i8
474
Family
476 Marriage
See also 264, Crimes against public morals and the family
a Ind. Durbin. "There is a point beyond which the prevention of
either marriage or of its dissolution is promotive of immorality rather
CIVIL LAW FAMILY
than of healthful domestic copditions. The state should exercise the
right, however, of preventing the* contracting of marriage between
persons manifestly unfit to assume its obligations, and particularly
such marriage as insures the propagation of defectives who are certain
to become a charge upon the state. The issuing of marriage licenses
should be surrounded with greater safeguards, particularly the safe-
guard of publicity. The wisdom of requiring due notice by publica-
tion of an intention to assimie the obligations of marriage has been
suggested , and I commend the same to your consideration. We may
reasonably consider the advisability of requiring on the part of those
applying for license to marry, medical evidence that the contraction
of marriage will not threaten society by the perpetuation of mental
or physical deficiency. . ." 6. Ja 05, p.9
480 Divorce
a Ind/Durbin. ."It is evident '. . , that divorce is a s3rmptom
of the disease which legislation should be framed to reach, if possible,
and not the disease itself. We may well doubt whether society is
served by compelling persons to live in wedlock and to rear families
under the conditions which are usually brought to light in an action
for divorce. . . I suggest, however,' the advisability of a law
prohibiting the remarriage of divorced, persons for a reasonable period
after the entering of the decree, and the substitution of separate
maintenance for divorce in many cases for which the law now pro-
vides divorce." 6 Ja 05, p.8
b H. C. Glenn. "Most earnestly do I join with the retiring Gov-
ernor in recommending to you the rfepeal of all divorce laws enacted
since the adoption of the code of 1883. Divorces are now too easily
obtained, and are often granted to the offending or guilty party. . . "
II Jaos, p.13
489 Trials. Procedure
a Wash. Mead, "Our courts are often subjected to criticism, but
in many instances unjtistly, on account of the large number of decrees
granted in divorce cases. . . A statute, continued from
territorial da3rs, requires the presence of the county attorney to resist
default divorce cases. . . He should have an opportunity of
conducting an intelligent defense by summoning witnesses to testify
to the facts in the case. To bring this about, the applicant should
be required to deposit s\ich an amount as the court may direct for the
pa3rment of witness fees. The law should be further amended
so as to permit the court to enter an order requiring the attendance of
the plaintiff and the defendant at the trial. . . The
law defining . . . admission of testimony of the husband or the
wife should be so modified as to permit successful criminal prosecu-
tion ... in the event that . . . the court or the prosecut-
ing attorney is satisfied that one or the other of the parties has been
guilty of a misdemanor or felony. With these amendments
496-500 N, Y. STATE LIBRARY GOVERNORS MESSAGES I9OS
and an additional one, requiring the court to enter a decree ntst at the
time of the trial and a complete decree of divorce to follow at the
expiration of a period of not less than six months. . . I am of the
opinion that fewer decrees of divorce will be granted in our state. . ."
II Jao5, p.21-23
49<^ Support of family
S00 also a 203, Support (insane)
a Ari. Brodie. "I desire to call your attention to the growing evil
of wife and family desertion, and to recommend that provision be
made for the punishment of persons charged with such crime. Our
statutes at present provide only for the punishment of parents de-
serting their children." 16 Ja 05, p. 14
b Or. Chamberlain. "Desertion of wife and family should be made
a crime for which the deserter may be extradited from the state in
which he seeks an asylum. . ." 11 Ja 05, p.39
c Wash. Mead. "Fewer applicants for divorce decrees would
appear in our courts if this body enacted a law making it a felony
or misdemeanor for a parent to desert his child, or for a husband to
voluntarily desert and abandon his wife, imless some reasonable
ground exists therefor. . .'* 11 Ja 05, p. 2 3
s~ Corporations
See also 841. Corporation taxes; xaoo, Transportation; 1679. Banking; X73a, Insui^
ance; 3627, Municipal utilities
N. J. Murphy. ". . . the corporation law of New Jersey is
upon the whole believed to be so wise, its various sections have been
so fully passed upon by the courts, and it so generally meets with
the favor of those who have occasion for its use, that there is little
cause for doubt that the law of this state will in the future, as in the
past, be regarded as the most desirable for those who wish to do
business upon a large scale. It may be said in commercial phrase
that this part of the business of the state is being competed for by
other states, who have largely copied our laws, and who are making
an effort to obtain the business that comes to us. This competition
has not been serious, nor in my opinion will it be as long as the cor-
poration law of New Jersey remains, as now, a safeguard to all those
interests it is intended to protect." 10 Ja 05, p.4
N. J. Stokes. *'The incorporations in one state for 10 months of
last year show a capital of $111,255,500; in another of $251,971,620;
in another $285,553,700; in New Jersey $313,569,620. Our state
is, therefore, by no means attracting all of the great moneyed interests
seeking articles of incorporation. In addition to this, the recom-
mendations of the Department of Commerce and Labor are the
preliminary steps toward national incorporation, when capital will
seek the protection of federal law rather than deal with 45 different
states. All these influences threaten the revenue of New Jersey. . .
CIVIL LAW CORPORATIONS 500
New Jersey does not compete in any race for revenue between states
where the inducement to incorporate k laxity of law.
The day of gigantic business companies seems to be on the wane.
Companies with smaller capital are on the increase. Should not,
therefore, changes be made in our laws to meet the requirements of
these smaller organizations? . . . Our legislation must not be
allowed to lag behind the times. . . I recommend the appoint-
ment of a commission to this end. . ." . i7 Ja 05, p.6-8
Pa. Pennypacker. Commission should be appointed to revise cor-
poration laws. 3 Ja 05, p. 10
i Pa. Pennypacker. **The principle upon which the grant of
franchises to corporations is supported is that there are business
operations important to the commimity which are beyond the financial
strength of the individual, and that by the tmion of the resources of
many persons, may be accomplished and thus the public be benefited
. . Wehave been gradually losing sight of the public good involved
in the arrangement and reducing the number of corporators tmtil
now any three persons may secure incorporation for profit. In other
words, a man wishing to start any business venture by giving a share
of stock to his clerk and another to his messenger may escape indi-
vidual liability for the indebtedness incurred. But one step remains
and that is the reductio ad absurdum of making a single person a
corporation for profit. . . There ought to be a reasonable time
limit in erery charter, say 100 years, at the expiration of which the
grant terminates so that some control may be maintained and the
future not burdened with consequences which can not be foreseen. . ."
3 Jao5, p.io-ii
! S. D. Herreid. *'No mistake was made by the last Legislature in
enacting laws in accordance \^th the recommendations of the Secre-
tary of State regulating the organization, formation and privileges
of corporations. . . Prior to the enactment of these laws it was
notoriously true that many 'wildcat' companies were organized
and came to South Dakota to gain a legal existence because of the
'cheap rate.' Under the new schedule of corporation fees less than
one half the number of companies were organized and still the fees
were in excess of the year before. . ." 3 Ja 05, p. 24
' U. S. Roosevelt. ". . . It is an absurdity to expect to elimi-
nate the abuses in great corporations by state action. . . The
national government alone can deal adequately with these great
corporations. . ." 6 D 04, p.6
[ W. Va, White. ". . . The changes in the corporation laws
of Ohio, Delaware, Maine, New York and Massachusetts and the
liberal laws of New Jersey, and yet more liberal ones of Arizona and
South Dakota, have materially affected the chartering of nonresident
corporations by this state and care is needed to hold those that we
have and to get even a decreasing number of new ones. . ."
ixjaos. p.8
i W. Va. White. "I heartily indorse the observations of the
Auditor as to the proceedings instituted in the Circuit Court of
N. Y. STATE LIBRARY GOVBRNORS MESSAGES I905
Kanawha county under the provisions of diapter four of the acts of
1903. . . The Attorney General, without consulting the Oovemor
and without his knowledge, brought suit against about 12,000 cor-
porations for the forfeiture of their charters. So far as the law seeks
to forfeit the charters of corporations which are delinquent in the
pa3mient of taxes, the act has my approval. . . I do not believe
that the Legislature ever intended that the charter of any corporation
should be forfeited because of the nonfiling of a power of attorney,
or for failure to notify the state officials of change of officers, or for
such offenses as are properly punishable by a fine. . . I recom-
mend to the Legislature the immediate repeal of the law. . ." '
XI Jao5. p.8-9
i W. Va. White. "Another bill submitted, which was not passed
at the special session, was the act making the Auditor the statutory
attorney for that class of domestic corporations called nonresident
corporations, and also for foreign corporations doing business in this
state, and imposing an annual state tax of $zo upon the corporation
for such services. . . if any action is taken by the Legislature si&
to designating a state officer to act as statutory attorney for non-
resident or foreign corporations, I would advise that no charge be
made for the service." 11 Ja 05, p.iS-x^
5x6 Shares
a Bl.. Deneen. ' ' I recommend to you that a law be enacted requiring
corporations organized in this state to have their capital stock paid
up either in money or property, before the issuance to them of licenses
by the Secretary of State, to the end that the state shall not become a
silent partner in frauds perpetrated by promoters upon the investing
public." 9 J& 05, p.S
«
5^ Combinations and monopolies
5«r also 1740. Insorance
a Ark. Davis. *'. . . Gentlemen, the King antitrust bill must be
passed by this body. . . Our object in this bill is as completely as
possible to shut trusts out of the state; every character of trust, the
insurance trust, the beef trust, the sugar trust, tobacco trust, and
every other kind of trust that can be reached by state legislation Is
intended to be reached by this act. . . " 1 1 Ja 05, p.x i-i a
b Wis. La Follette. ". . . In my judgment, there should be an
entire revision of the laws relating to this subject [industrial com-
binations] and laws should be enacted for the prevention of illegal
combinations within the state, whether they be corporations or other-
wise, and to restrain the operations in this state by such combinations
organized elsewhere. . ." xa Ja 05, p. 70-7 »
590
591
CIVIL LAW ADMINISTRATION OP JUSTICE
Administration of justice
Practice of law
Set also 434* Attorney for minors; 675, Public prosecutor
592 Adnussion to bar
a Wash. McBride, 11 Ja 05, p.8-g.
Cotirti
59©-«09
600 Courts
Names and general ors:anization of courts vary preatly in different statei.
Courts are here grouoed according to actual jurisdiction. The precise names
of the courts are preserved in entries.
603 Reports. Reporters
a Vt. McCullough, digest of Vermont reports, 6 O 04, p. 16.
b Ari. Brodie. Purchase of Supreme Court reports for exchange
recommended. 16 Ja 05, p.i6
^os Supreme courts
Including only those highest in state of whatever name, e.g. Court of
Appeals but not Supreme Court of New York. In New York, New Jersey and
elsewhere the Supreme Court is a district court and is classed below others.
The Court of Appeals in New York. New Jersey, Kentucky and Maryland is the
highest coiirt, but in Colorado. Kansas, Missouri and Texas it is subordinate to
the Supreme Court.
a Fla. Broward. "The recent addition to the number of the justices
of the Supreme Court has enabled that tribunal to dispose of cases
that have for years been accumulating on its docket because three
judges were unable to dispose of the ever increasing business brought
to them." 4 Ap 05, p.43
b Neb. Mickey. "The Legislature of 1903 made provision for the
temporary continuance of the Supreme Court Commission, six com-
missioners to be appointed for the period of one year and three com-
missioners to be appointed for the period of two years, from Ap. 10,
1903. The court, with the assistance of the three commissioners now
in service, is unable to keep up with the work which comes before it,
the number of cases filed each month being in excess of the nimiber
disposed of. . ." 5 Ja 05, p.io
c Wash. Mead. "In order to dispose of the constantly accumulating
causes before the Supreme Court, I urgently recommend the enact-
ment of an act, at the earliest possible time, providing for an increase
of the membership of that tribunal from five to seven members,
and that such increase be permanent. . ." n Ja 05, p. 20
<k)9 Intermediate courts
For oflScen and judges see 657-94; see also 371, Juvenile courts; 373, Pardoni;
855, Court of claims
a Art Brodie, Congress should be asked to authorize the appoint-
ment oi one or two additional judges. x6 Ja 05, p.zS
Courti
te9-68 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
b Ind. Durbin. ". . . 1 believe with the late Governor Mount
that 'the growing expense of our courts can be obviated and exists
ing inequalities removed through the reorganization of the 'state
into court districts each comprising several counties, equalizing ai
nearly as possible and providing for a number of judges to correspond
with the size of said districts,* thus obviating the necessity of a special
judge in any case. . ." 6 Ja 05, p.34
c S. C. Hey ward. ". . . I . . . again recommend that the
number of judicial circuits be increased from eight, as at present, to
10. . ." 10 Ja OS, p.2a
645 Inferior courts
a Ct. Roberts. "The manner of selecting the judges for the police,
city, town, and borough courts is a matter that shotdd receive the
careful consideration of the Legislature. . . The danger of barm
begins with the selection of candidates for the Legislature, such selec-
tion often depending upon the respective attitudes of the several pros-
pective candidates toward some local contest for a judgeship. . . I
recommend such legislation as will place upon the Executive the le-
sponsibility of nominating all judges of the police, city, town, and
borough courts as is now done in the case of the judges of the Superior
Court, Courts of Common Pleas, and District Courts."
4 JaoS, p. 19-20
657 Court officers
For fees and salaries of special court officer set that head
668 Judges
a Ct Roberts. "It is generally admitted that the salaries paid to
the judges of our higher courts are too small. In an effort to remedy
this injustice the Legislature of 1903 passed an act which increased
the salaries of the judges whose terms began thereafter, but not of
judges theretofore appointed. As a result of this legislation, the
youngest judge on the bench receives the largest amount, while the
judge who has served the state for 20 years gets no increase at all.
It has been supposed that this inequality was made necessary by the
24th amendment of our Constitution, which prohibits the General
Assembly from increasing the compensation of pubHc officers, em-
ployees, agents, and servants during the term for which they were
appointed. This supposition may, however, be erroneous. In Penn-
sylvania a constitutional provision declared that *no law shall extend
the term of any public officer, or increase or diminish his salary, or
emoluments , after his election or appointment. * Notwithstanding this,
the Legislature passed an act in 1903 which increased the salaries of the
judges of the Supreme Court of that state, and this act, I believe, has
thus far been sustained as a valid exercise of legislative power. . ."
4 Ja 05, p.2o-ai
Courts
CIVIL LAW ADMINISTRATION OP JUSTICE 668-94
b Fla. Broward. ". . .""^The greatly increased cost of all the
necessaries of life makes the salaries heretofore established for judges
entirely inadequate. . ." 4 Ap 05, p.49
c ]finn« Johnson. "In framing our form of government the final
guarantee of the preservation of the liberties of the people was vested
in the judiciary. It was deemed that an independent judiciary was
sufficient protection against oppression and unconstitutional legisla-
tion. It is felt that under our present system of selecting judges,
through partizan conventions, these objects are not fully attained. . .
To accomplish a change from our present system two methods have
been suggested, one being founded upon the national ideas of appoint-
ment and life tenure, the other by a separate election held in the
spring of the year at the time of the annual town and village elections.
Of the two systems the latter in my opinion is preferable. . ."
4 Ja 05, P.2&-2X
d Moil Toole. Abolition of one judge in Lewis and Qarke county
recommended. 2 Ja 05, p.4
e Moo. Toole. The election of judges at a time other than the gen-
eral elections reconmiended.j q 2 Ja 05, p.4-
669 Notaries public
a W. Va, White. "I would renew my recommendation . . .
that the authority of a notary public, besides being for the county
where he lives, should extend to any other county of the state upon
his filing his authority in the cotinty clerk's office and pa3ring a fee of
five dollars to the state in each case , in addition to the clerk's fees. . .
The effect of the present practice is to appoint a notary public for all
time and eternity. . . The rate exacted should be at least six
dollars, and the term limited to four years. . ." iij£to5,p.i9
675 Public prosecutor
5«r also 50, Attorney general
a Vt Ben. "The custom has arisen in many instances of electing
the younger and less experienced members of the bar to the office of
State's Attorney. . . The result has been, however, that the
important interests of the state, in criminal litigation, espe-
cially, have often been placed in inexperienced hands, and the state's
attorneyship has become an experiment station in the law."
6 O 04, p.6
694 Stenographers
a Wash. Mead. ". . . The court reporters should be given an
official statiis, and provision made regulating their fees and salaries.
The rules of evidence should be so modified as to permit the
stenographer to testify as a witness from his stenographic report
concerning the declarations of witnesses reported by him, subject to
the rig^t of the opposing party to rebut such evidence."
II Jao5, p.a4
Civil procedure
6g5-73a ^* Y« STATE LIBRARY GOVERNORS MESSAGES I905
695 Civil procedtire
Including: such provisions as apply both to civil and criminal cases. 5i» als9
4a8 Probate procedure; 489. Divorce
a 111. Deneen. ''I call your attention to the report of the Pracdoe
Commission appointed by Governor Tanner by authority of a
joint resolution of the General Assembly on Mar. 15, 1899. . .
Out of 500 suggested changes, 250 were adopted and submitted to
the General Assembly. But three of the reforms urged were enacted
into law. It has been published by the Illinois State Bar Associatioii
and the Chicago Bar Association, and each of these learned bodies
has a special committee charged with the duty of urging that you take
action thereon at this session. There can be no doubt of the pressing
importance of this matter, particularly to Cook county. There, the
administration of the law has been attended with so much delay as to
amount in many instances to a denial of justice. . ."
9 Ja 05, P-a
697 Legal notices
a W. Va. White. "I renew my recommendation of two years ago
to the Legislature in regard to some liberal legislation in respect to
legal newspaper publications. There are many matters of public
interest and statements of financial affairs* which ought to be required
to be published. These statements, together with the financial state*
ments now required to be published, should be published at legal
rates in at least two papers of opposite politics in each county whexe
there are two such publications. A general law should be
passed providing that wherever a publication is required in a l^al
proceeding, it should be taxed by the clerk of the court as part of the
court costs of the same. . ." n Ja 05, p.73
7*6 Juiy. Verdict
730 Qualifications. Drawing. Impaneling
a N. M. Otero. '*. . . Under the present system the jurors for
the courts are selected by a commission of three appointed by the
court. . . I recommend the repeal of the present jury law and
the enactment of a law by which jurors may be selected by lot, or by
some method equally fair and impartial, always having in view for
jury duty qualifications sufficiently high to eliminate the professional
juror, the criminal or wholly irresponsible classes from service upon
any jury." 16 Ja 05, p.23-a4
732 Verdicts
8 Or. Chamberlain. ". . . There is i^either reason nor justice
in permitting a minority, or even one of 12 jurors, to prevent a ver^
diet either in a criminal or civil case. 1 suggest the sub-
mission to the people of a proposed amendment to the Constitution
which will authorize the modification of the law regulating trials by
jury in both civil and criminal cases." 11 Ja oS. p.40
PoUie kads
FINANCE 750-74
7S0 ADMnHSTRATIVE LAW
"niis and Constitational law, 15. make up what is commonly knowiifaa tha
pcMtical Code.
^ Finance. Public property
5«t also 3337, School finance; a550t Local finance
77a Domain. Property
774 Public lands
See also 9240, School lands
a Mmn. Van Sant, state royalty from iron mines, 4 Ja o5,p.26-a7.
H. M« Otexo, 16 Ja 05, p.22-23. Or. Chamberlain, 11 Ja 05,
p.26-31. XJ. S. Roosevelt, 6 D 04, p. 19. U. Cutler, xo Ja 05, p. 10.
b Id. Gooding. Reorganization of State Land Department recom-
mended. 5 Ja 05, p.II-12
c mull. Johnson. Special message relating to timber lands and
mineral leases. 9 F 05
d II. M. Otero. "I recommend the pa(^ge of a law providing that
the Commissioner of Public Lands be made clerk of the United States
Land Commission. . . " z6 Ja 05, p.z7
t II. D. Sarles. "I . . . recommend that you consider how
best to conserve the coal supply in the possession of the state, that
it may serve both as a means of irrigation and as a protection to the
people of the state from any attempted monopoly. " 4jao5,p.io*ii
f Or. Chamberlain. "The lands granted to the state upon its ad-
mission to the Union for educational and other purposes have been
practically all disposed of, and those that remaia are of little value, as
compared with those that have been sold. It might be interesting
to review the legislation of the state as affecting those lands which
have been sold and to point out how profitable such legislation has
been to speculators and how costly to the irreducible school ftmd,
but such a review can at this late date do no good.'.' 1 1 Ja 05, p.37
f Or. Chamberlain. "The grant to the state of the i6th and 36th
sections . . . did not carry with it the title to those sections
which were known to be more valuable for mineral than for other
purposes at the date of the stirvey, and for every mineral section lost
to the state it had the right to select indemnity lands in lieu thereof.
Here was a rich field for exploitation by the speculator in mineral
base. . . Here was the condition of things on the ist
day of January, 1903 : About 50,000 acres of land had been sold in
place by the state, while the same lands had been adjudicated as
mineral by the local land offices, and the Executive of the state,
through his State Land Agent, had selected indemnity lands in fiett
thereof, and these indemnity lands had been likewise sold, so that
the state had practically sold the same land twice. In addition to
PuMic lands
774-76 N. Y. 8TATB LIBRARY GOVERNORS MESSAGES I905
this, many of the alleged mineral lands had been used twice as 1
for indemnity selections, so that in such cases the state had practically
sold the same lands as often as three times to as many different in-
dividuals. . ." II Ja OS, p.27-28
\k Wy. Brooks. "The national government is seriously consider-
ing the problem of regulating the grazing of live stock on the open
range. . . Any system which contemplates the actual leagng
of the open range by the government and the consequent interference
with our present land laws can only result in disaster, as it will check
our natural growth, development and progress. . ." 1 1 Ja 05 , p.9
775 I^aa«
a mnn. Johnson. "The Public Examiner . . . states . . .
that mineral leases have been issued contrary to law, and to persons
not legally entitled to hold them. . . I recommend the passage of
a bill to provide for the sale of mineral leases at public auction to the
highest bidder, and that every such sale should be after due and proper
advertisement, and after a mineralogical examination of the land
by the state before such sale. . ." 4 J& 05, p.8
b N. J. Stokes. "Most of the riparian grants of our state have been
disposed of in fee simple and are no longer state assets. Riparian
rights yet in our possession are worth, perhaps, $5,000,000. These
rights, especially such as are located along the Hudson river, will
grow in value with the growth of the cotmtry. . . If in the pest
the state had not parted with her rights in this respect, she would noir
have an immensely valuable asset and one that would be a source
of perpetual revenue. . . The Legislature can provide that riparian
lands shall no longer be disposed of in fee simple, but shall be leased
on rentals which, at proper periods, shall be readjusted on a fair basis
of increased value. Such readjustments could be determined, in
cases of dispute, by a representative of the state and a representative
of the lessee, which would insure fairness to both parties. One
riparian grant made 20 years ago is now assessed at a sum five times
larger than was paid for it; another made 10 years ago at $50 a foot
front is now valued at $1000 a foot front, and still another, made less
than five years ago, is now held at many times its cost to the grantee
... I submit that it is an unwise policy for our state to part
with this valuable source of income. " i7jaoS,p.22-a3
776 Sale. Settlement Appraisal
a Wis. La Follette, 12 Ja 05, p.95.
b Col. Peabody. "To my mind it is imperative that bona fide proe>
pectors should be able to acquire mineral locations on state and school
lands, as such a course, conducted along proper lines, would tend to
more rapidly develop our vast undiscovered mineral resources."
6 Ja 05, p.7
Building
FINANCE 778-80
778 Tide, shore and swamp lands
a Or. Chamberlain. Swamp lands in Klamath county. 1 1 Ja 05, p.50
b CaL Pardee. **. . . There should . . . be some well guarded
law under which the right to occupy submerged state land, within or
near, inoorporated cities, for these purposes may be facilitated and
regolated. As the lands under navigable water are held by the
state only in trust, for the promotion of commerce, it can never
entirely idienate such lands, and it is a question to be determined by
the state government what the tenure of the occupants shall be.
Some states, like the state of Washington, on this coast, and the state
of Massachusetts, on the Atlantic coast, grant leases for long terms
of years, and charge rentals. If legislation should be had on this
sat^ect, and it should be determined that the leasehold policy is the
most expedient one for California, the rentals should not be fixed so
high as to deter enterprise. The primary aim should be to develop
commerce; the collection of revenue from this source, while desirable
in itself, is secondary." 2 Ja 05, p.41
7j8(5 ^ Timber
a Miiin. Van Sant. ". • . I earnestly suggest that the law be so
amended that in future all trespass matters be acted upon solely by
the Board of Timber Commissioners, which is composed, under the
law. of the Auditor, the Treasurer and the Governor. I also recom-
mend that a sufficient appropriation be made to permit the State
Auditor to properly guard state lands and to protect the timber
thereon from trespassers. . . Crimes perpetrated against the
state ux>on timber and mineral lands should never be outlawed. It
would be an additional safeguard to have two estimates and appraisals,
by different cruisers, made before any timber is sold. . ."
4 Ja OS, p.x7
b Minn. Johnson. "The Public Examiaer . . . states . . .
that hundreds of thousands of dollars are due the state by reason of
timber trespass, and urges suits for the collection of the amounts
due." 4 Ja 05, p.7
779 Buildings. Property and supplies
780 Buildings and grounds
a S. D. Herreid, protection from fire, 3 Ja 05, p.32-33. Tex. Lanham,
xa Ja OS, p.14.
b W. Va. White. ". . . There should be a superintendent in
charge of all the property of the state at the Capitol. . . There
should be a superintendent of public buildings, who should be a com-
petent and experienced builder, with knowledge of architecture and
building, who should be the adviser of the Board of Public Works in
these matters. He could also be the superintendent of the Capitol
buildings and grotmds. He should superintend the erection of all
^ pabHc buildings for the state. . ." xi Ja 05, p.ya
Buildings
780-81 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
[c W. Va. Dawson. "If the Legislature had created the office of
superintendent of Public Buildings, as proposed in another bill pend-
ing before it, it would have benefited the people of the state and
saved to them much more than the salary and expenses of that ofiBoe
..." ^ \Ut OS, p.S
• ySx Capitol "^
a Ari. Brodie, i6JaoS,p.i3. Ark. Davis.ii Jao5,p.47-si. CaL Par-
dee, 2 Ja oS, p.4S. Ct. Roberts, 4 Jaos, p.14-15. Minn. Van Sant,
4 Ja 05. P-3, 3S-36. Ncv. Sparks, the state capitol waterworks,
16 Ja 05, p. 12-13. N. H. McLane, State House improvements, S Ja
05, p. 20-2 1. N. D. White, 4 Ja 05, p.21. Pa. Pennypacker, 3 Ja 05,
p. 1-2. S. C. He3rward, 10 Ja 05, p.29. Wash. McBride, 11 Ja 05,
p. 7. W. Va. White, needed repairs to Capitol building, 11 Ja 05,
p.72. Wis. La Follette, the Capitol fire, 12 Ja 05, p.ioS-9.
Wy. Brooks, Capitol building commission, 11 Ja 05, p. 23.
b Ct Roberts. '*I caU to your especial attention the sketch model
of the proposed scheme of decoration of the north front of the state
Capitol, prepared by the well known sculptor Paul W. Bartlett. . ,
I heartily approve the plans of the commission and its foresight in
obtaining an entire and harmonious plan for completing one front
at least of our beautiful state building. . ." 4 Ja 05, p. 15-16
c Id. Gooding. "Our Capitol building was erected in 1885. , .
Six of the departments are without permanent quarters at the Capi-
tol. . . I am informed that there is not a fireproof vault, nor a
fire or burglar proof safe, in the building. . . I recommend that
a careful inspection and examination of the building be made with-
out delay." 5 Ja 05, p.21
d Ind. Durbin. Ventilation of the Senate chamber and hall of the
House of Representatives. 6 Ja 05, p. 40-41
6 Ky. Beckham. Message to special session called to con^der ques-
tion of site for Capitol. 12 Ja 05, 4 p.
f Mich. Bliss. '* I renew my former recommendation that the Legia-
lature make a thorough examination of conditions to the end that
either an addition to the Capitol or a separate office building con-
veniently located be built." 5 Ja 05, p. 14
g Mich. Bliss. "All state offices not now established at the Capitol
should be moved to Lansing and here maintained." 5 Ja 05, p.24
h Men. Toole. "Some provision ought to be made for the purchase
of a permanent water supply for the state Capitol and grounds, , ."
2 Ja OS. p.6
i N. Y. Higgins. "The Superintendent of Public Buildings again
calls attention to the inadequate office space contained in the state
buildings. . ." 4 Ja 05. p.2a
j N. D. Sarles. ". . . I believe that you should legislate for
the creation of a capitol commission, to provide for further improve-
ments to the state Capitol building and its completion in harmony
with the style and plans of the new structure. . ." 4 Ja 05, p.7
Property and supplies
FINANCE 781-90
k S.l>. EVxod. "It seems that the time has come when a state
Capitol should be built. . ." 3 Ja 05, p.8
m S.l>. Herreid. "South Dakota needs a state house. . . I
would reoommend that this entire subject be referred to a special
joint committee. . . '* 3 Ja 05, p.43-44
n Wis. La FoUette. **. . - The Capitol Improvement Commis-
sion, acting under authority conferred by the Legislature of 1903, has
caused to be prepared plans for a new capitol and will, no doubt,
submit to you its recommendations. . ." 12 Ja 05, p.109
76a Szecnti^e mansion
ft Mich. Bliss. "I wish to add my voice to that of other governors
who have preceded me in stating that the best interests of the state
demand that the Governor reside in the capital city during his occu-
pancy of the executive of&ce, and that the state should build and
maintain a suitable executive residence. . .'* 5 Ja 05, p. 14
793 State architect
a Ind. Durbin. Recommendation renewed that ofRce of State Archi-
tect be created. 6 Ja 05, p.26-27
b H. Y. Higgins. ". . . The law should give the State Architect
ample time to prepare plans and specitications for public buildings.
He should not be expected to have completed plans for any important
work prepared in less than six months after the appropriation there-
for is made." 4 Ja 05, p.22
764 Property and supplies generally
767 Costncts and supplies
a CoL Peabody. ". . . It might not be amiss to suggest the
practicability of providing that the Commissioner of Public Printing
shall also purchase all necessary supplies for the several departments
of state government, instead of the Secretary of State, as at present,
who is also compelled to keep a set of books. . ." 6 Ja 05, p.15
b M. Gooding. ". . . I recommend that a law be passed re-
quiring supplies, except such as are perishable or required for imme-
diate delivery, for all departments of the state and all state institu-
tions, to be furnished by contract let to the lowest bidder."
5 Ja 05, p.2o-2i
790 State institutions
a Heb. Mickey. "I recommend that the purchasing of all supplies
for both the Institute for the Blind and the Institute for the Deaf and
Dumb be placed in the hands of the Board of Purchase and Supplies,
this being the board which does the buying for all the other state
institutions. It is a noticeable fact that the two institutions named
pay more for the same classes of goods than do the other institutions,
the reason being that the board, doing a much larger volume of busi-
ness, can buy cheaper than can the trustees having the care of the
two institutions under discussion." 5 Ja 05, p.27-28
b H. T. Higgins. "It would seem that some additional safeguards
should be provided looking toward more public competitive bidding
in the purchases made by the hospitals and state charitable and
Taxation
790-800 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
reformatory institutions, either by amendment of the law or by )
set of rules and regulations to be adopted pursuant to statutory
authority granted therefor. . .** 4 Ja 05, p. 10
c Tex. Lanham . Report of the State Purchasing Agent . i2jao5yp.i3
d W. Va. White. *'. . . I renew my recommendation of two
years ago that an act be passed requiring the officers of . . . insti-
tutions to buy in as large quantities at one time as their needs de-
mand, after competitive bids have been received, giving all who
desire a fair chance to bid. . ." 11 Ja 05, p.73
791 Insurance
a Cal. Pardee. *'One of the business practices of the state which is
of questionable expediency is the refusal to insure its property (with
some exceptions) against loss by fire. Because in former years abuses
were discovered in connection with the placing of policies, the Legis-
lature passed an act prohibiting insurance, and it has remained the
law for 14 years. . . Whether it be wise to continue the pro-
hibition of insurance is a question the Legislature might profitably
consider; but should the prohibition be removed, it would be well to
require the assent of the State Board of Examiners to each insurance
policy accepted. . . It may be that the conditions are such
as to justify the state in carrying its own risks; but, at least, there
should be some provision made to meet sudden calls for funds to
make good losses sustained through fire. To that end, I recommend
the establishment of an insurance fimd to be made up of a moderate
simi set apart from the proceeds of taxation each year. . ."
a Ja OS, p.44
b Men. Toole. "We have never carried insurance upon the Capitol.
We ought to carry at least $75,000, and I recommend that a suffi-
cient appropriation be made for that purpose." 2 Ja 05, p.6
c Neb. Mickey. ". . . The state has been carrying its own in-
surance since 1889, the last appropriation for the payment of pre-
miums ($24,000) having been made in 1887. It is estimated that the
cost of carrying reasonable insurance on present state property will
amount to $30,000 per biennium. . .*' 5 Ja 05, p.xQ
793 Public works
796 State engineer. Surveyor
a Pa. Pennypacker. Need for creation of office of state engineer.
3 Ja 05. p."
797 Light, water and sewerage plants
a Tex. Lanham, 12 Ja 05, p. 14.
800 Taxation (general)
Relating chiefly to general property taxes. Under local finance are placed
onlv those tax Islws which strictly belong? there, as limitations of rates, etc
State and local taxes ai^e usually collected together by local authorities; hcaco
a separation would be confusing.
Tuution
FINANCE g^
Aii. Brodie,i6JaoS,p.6-ii. Ind. Durbin.StateTax Board,6 Jao5,
p.aS. W. J. Stokes, i7 Ja 05, p.8-is. S. D. Herreid, 3 Ja 05, p.3-16.
CaL Pardee. **In my inaugural address, two years ago, I ex-
pressed the belief that the time was near at hand when the people of
California should consider the question whether they ought not to
introduce radical changes in their revenue and taxation laws, espe-
cially in relation to the raising of revenue for state purposes. . .
The further opinion was expressed that the object aimed at ought to be
the eventual separation of state and county taxation, giving to each of
these political divisions its own subjects of taxation and its own as-
sessment machinery. . . It is worthy of note that the states
in which the revenue laws are today in the most satisfactory shape
are those in which there have been the fewest constitutional restric-
tions upon the power of the Legislature. . . The states
which have effected a complete, or almost complete, separation of
their state and local revenue systems are New York, Pennsylvania,
New Jersey, Connecticut, and Delaware. . . . Ohio has recently
adopted a corporation tax law which has made it possible to reduce
the rate of the general property tax one half. Minnesota has reduced
the same tax to loc on $100. Wisconsin has come so near to elimin-
ating the ad valorem tax that only a small part of her revenue is
raised by it, and the rate is 15c on the $100. Massachusetts raises
half, or more than half, of her revenue by indirect taxes. Maine is
working along similar lines. Maryland raises only a third of her rev-
enue by ad valorem taxes, and West Virginia but one fourth. The old
state of Virginia has recently adopted a new revenue law which em-
bodies a number of modem \^eas. Tennessee secures from other
sources than the general property tax considerably more than half
of her revenue, and Missouri has made such progress that her last
state tax rate was only iSc on $100. Michigan is making progress
in the same general direction. One of the latest states to remodel its
revenue laws with gratifying results is Colorado.
Comparatively little can be done under the present Constitution to
change the revenue laws, or to provide new sources of revenue. . ."
2 Ja 05, p.12-17
c Kan. Hoch. ". . . Four years ago the Legislature provided
for the appointment of a [tax] commission. . . After the most
careful study of the laws of other states, and of the conditions in this
state, this commission formulated a bill. . . This bill was sub-
mitted to the last Legislature and exhaustively discussed, but finally
failed of passage, so that the present Legislature faces the same condi-
tions faced by its predecessors. . . If this Legislature can devise some
method by which to accomplish two results, namely, the honest list-
ing of personal property for the purpose of taxation, and the taxation
of it at its real value when listed, it will have done that which its pre-
decessors have tried in vain to do, and which will be of incalculable
benefit to the state. . . I believe that a county assessor with
deputies in each township would be a great improvement over the
Xazatbn
800 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
present method. Then, provision should be made for the taxation
of franchises, including carline, telegraph, telephone, pipe-line, ex-
press and other similar companies at their full value. . ."
10 Ja 05, p.S-io-
d Mich. Bliss. "I favor and urge the passage of a bill redvcing the
membership of the Board of State Tax Commissioners to three with
the proviso that only two members shall belong to any one party,,
thus constituting a nonpartisan board. . . At the time the mem-
bership of the Tax Commission was increased from three to five, a
bill was passed creating the State Board of Assessors, composed ex-
officio of the Board of State Tax Commissioners, charged with the duty
of assessing railroads and certain other specified corporate properties.
. ; . The task imposed by the original and subsequent legislation
has been so far discharged that the problems now remaining canjas
well be solved by a board of three as by one of five members, and at
a considerably less expense. . ." 5 Ja 05, p.6
e Mich. Warner. Tax Commission shotdd be reduced from five to
three mefnbers. 5 Ja 05, p.7
f Minn. Van Sant. '*. . . I suggest for your consideration the
wisdom of providing for a permanent Tax Commission . . .
I also favor such action as will enable us to impose a franchise tax
, . . whatever property is worth for purposes of income and sale
it should be worth for the purpose of taxation. . . That the people
should again be afforded an opportunity to pass upon propc sed
amendments that will give the Legislature broader scope in the matter
of tax legislation is imperative. . . Should the constitutit)nal
amendments prevail many tax reforms could be inaugurated, such
as the income tax, registry tax on mortgages, franchise tax, etc. . ."
4 Jao5, p.6-7
g Minn. Johnson. *'. . . I wotdd recommend the passage of a
bill providing a constitutional amendment giving greater latitude
to the Legislature in the regulation of our tax system. I believe a
partial solution of this vexatious problem lies in an income tax, and
especially in an income tax upon credits. To secure this there must
be an amendment to our Constitution. . .*' 4 Ja 05, p.s
h Neb. Mickey. "The revenue law passed by the preceding Legis-
lature has met the expectations of its friends and has been received
with popular favor. . ." 5 Ja 05, p.4
i Or, Chamberlain. "The experience of the last Legislature should
be a warning to this not to attempt too much in the way of amending
statutes on the subject of taxation. A general amendatory statute
hastily passed then, necessitated the convening of the Legislature in
special session to cure defects that invalidated the same. . . It
is possible that if a Tax Commission were appointed to gather data,
and frame a law to be reported two years hence, beneficial results
might be attained. . ." iiJaoS, p.5-6
J R. I. Utter. "I would . . . suggest that the genera] laws
of the state regulating taxation, especially as they apply to personal
IkntUm
FINANCE 800-7
property, might w^ell \ye so amended as to provide for a more equitable
valuation of such, property for purposes of taxation. . ."
S Ja OS. p.6
k W, Va. White. ". . . The main purposes of the new tax laws,
as passed at the special session of 1904, were in harmony with the
principles underlying the Tax Conunission's report; namely, to pro-
vide for the abolition of direct state taxes as far as possible ; to raise
the needed state revenues by license and privilege taxes, fees and
other indirect methods of taxation; to assess property of all kinds,
corporate and private, real estate and personal, by one standard of
t value, namely, its real or actual value. . . Supplemental legisla-
tion is needed, and improvements can be made in some of the laws
passed, by more clearly defining and strengthening them in several
particulars. 11 Ja 05, p.io-ix
m W. Va. White. "It seems to me advisable that our Constitution
should be amended so as to permit the classification of property by
the Legislature for purposes of taxation. . . The actual value of
all kinds of ])ersonal property — ^tangible and intangible — can not be
accurately ascertained or fixed so as to make taxation in all respects
equal and uniform. . ." 11 Ja 05, p.22-23
n Wis- La FoUette. ". . . The present Tax Commission will go
out of existence on May ist, 1909, and there is at present no law pro-
viding for its continuance beyond that date. The new legislation
placing upon the members of the commission the administration of
the assessment of the general property of the state, the assessment
of the property of railroads, and of some other corporations, while
the commission still retains its supervisory and advisory duties over
local assessing and taxing officers, renders it absolutely necessary to
make this branch of the public service permanent. . ."
12 Ja OS, p.ii
803 Temporary commissioos and special investigatioiis
a N. J. Murphy. "... I appointed at the last session of the
Legislature a commission to consider the subject of the taxation of all
classes of property. This conunission . . . will shortly present
its report. . ." 10 Ja 05, p.S
807 Separation of state and local taxation
a Ga. Terrell. "The trend in all the older states of the Union is
towaxxls an abolition of ad valorem property taxation for state pur-
poses and the collection of the necessary revenue from special taxes
such as taxes on franchises, privileges, professions, inheritances, and
the like. . . This is a model system, and we are making some
progress towards its attaiimient." 28 Je 05, p.6-7
h Oc. Chamberlain. "Taxation for state purposes ought to be
divorced as far as possible from that for covmty and municipal pur-
poses. . ." iiJao5,p.a
Taatioii
807-9 ^' ^' STATE LIBRARY GOVERNORS MESSAGES I905
c Vt. McCullough. "In the past two years no state tax has been
levied. . ." 6 O 04. p.ft
d Wash. Mead. '*. . . I look forward hopefully to that day
when it will no longer be necessary to levy direct taxes for the support
of the state government. . ." n Ja 05, p.27
e W. Va. White. "If it shall be the pleasure of the Legislature to
submit to the people the constitutional amendment permitting the
abolition of all state taxes, I would further recommend that the
present Legislature amend section 51 of chapter 3 of the acts of 1904,
by providing that, if the amendment be ratified by the voters, for the
year 1907, and thereafter no taxes whatever shall be levied for state
and state school purposes. . ." 11 Ja 05, p.20
f Wis. La FoUette. ". . . During the years 1903 and 1904, there
was a large surpltis in the' state treasury, and it was clear that the
public welfare demanded that such surplus should be applied to the
state tax levy. . . This is the first time in the history of Wisconsin
that the condition of the general fund has been such as to warrant the
completej^remission of all taxes for administrative purposes. .'*
19 Ja OS, p.4
808 Taxation of personal property
a Minn. Van Sant. "If drastic measures are necessary in order to
place property on the tax rolls, then let legislation be of that charac-
ter. . . It is safe to assert that not to exceed 25% of the personal
property of the state is assessed." 4 Ja o5>, p.5
809 Money and securities
See also 841, Corporation taxes
a S. D. Herreid. ". . . Probably not more than 2% of moneys
and credits is taxed. . . One can hardly expect the owners
of this class of property to submit to an assessment at full value, and
pay taxes which in many instances would equal one half the rale of
interest." 3 Ja 05, p.8-9
b Wis. La FoUette. "The mortgage taxation law, so called, of 1903
has proved a disappointment. While no statistics can be produced
at present to show its exact effect, it is a matter of common knowledge
that the rate of interest in Wisconsin upon mortgages, as well as upon
other credits, has not been reduced since its enactment. . . This
act . . . resulted in exempting from taxation about fifty million
dollars worth of property assessed in 1902. . . It is my opinion
that in the present situation in this state, mortgages should be re-
stored to the taxable class of property by the reenactment of the law
as it stood before 1903, until such time as the Legislature can pass a
law for the taxation of incomes to take the place not only of the taxa-
tion of credits, but also of the taxation of most, if not all, other personal
property. . ." 12 Ja 05, p.20-21
FINANCE Szo-Zg
Izo Exemption from general property tax
St9 also under special classes of taxes; also 1633. Encouragement of industries
A Vt. Bell. "When we legislate to exempt any property or class of
values from taxation it becomes a difficult matter to frame just laws.
When all property is equitably taxed and there are no exemptions
whatever, then laws are, and can be made more simple and effective
... I am in favor of a law whereby no property, real or personal,
shall be exempt from its proper levy for the support of the public
treasury." 6 O 04, p. 2-3
819 Assessment
a ArL Brodie. "I . . . recommend that the office of coimty
assessor be made elective instead of appointive." 16 Ja 05, p.9
b CoL Peabody. *'. . . Provision [should] be made for the mileage
and per diem, of the assessors at their annual meeting." 6 Ja 05, p.4
C IL I. Utter. **. . . I recommend that the General Assembly
authorize a revaluation of the several cities and towns as a basis for
the state tax." 5 Ja 05, p.6
d S. D. Elrod. "The tendency of things under existing laws, is to
escape taicataon and, if something is not done, before we realize it,
real estate and the homes of our people will be paying all the taxes
. . . li any class of property is to be exempt it should be the
little home of the family. It is a notorious fact that no tax is paid on
probably 75% of our personal property. Moneys and credits are not
listed. . . We have little faith that a costly tax commission can
bring about a reasonably satisfactory adjustment. . ."
3 Ja OS, p.3
c S. D. Herreid. **. . . Every assessor aims to protect his
district by a very low assessment and every county board aims to
protect the county. The result is an aggregate assessment, probably
less than 25% of the real valuation of the taxable property in the
state. However, it is not a low valuation that is so objectionable, but
the gross inequality which is inevitable tmder the prevailing practice.
During the year of 1904 there were 1018 men engaged in the work of
assessment in this state as county, city and township assessors and
deputies, without tmiformity of action and without a standard of
valxiation. There were 53 county boards of equalization, each board
acting independently. A perfect system would give the State Board
power to appoint every assessor in the state, with power to sum-
marily remove every one who fails, neglects or refuses to assess prop-
erty according to law. Such a change, however, is too radical for
consideration at the present time. I respectfully make the
following recommendations: ist. The first meeting of the State
Board should be held in January or February, with authority to
adjourn from time to time. ad. The appointment by the members
of the board of an officer who may be designated 'State Tax Commis-
sioner.' 3d. An annual meeting of the county assessors of the state.
8r9-ao N. Y. state ubrary governors messages 1905
Counties having no county assessor, the chairman of the county board
to represent said county. . ." 3 Ja 05, p.ii-ia
f Tex. Lanham. ". . . It is a fact of common observation that
in rendering and assessing property for taxes the state is deprived of
a very large amount of. revenue to which it is entitled. The methods
and machinery for obtaining proper renditions and the ascertainment
of correct taxable values are entirely inadequate and defective. . .
I earnestly recommend. . . that the proper assessment of intan-
gible assets be fully provided for; that the modes of rendition and
assessment of property be so revised and regulated that the reluctant
taxpayer and the neglectful assessor can not escape the claims of the
state and their obligations to law; that, if necessary, the jurisdiction
of the courts shall not be invoked for the collection of any debts upon
which taxes ought to have been paid and which have yielded nothing
to the state; that no legitimate source of revenue, whether owned by
corporations or individuals, shall be allowed to withhold its appropriate
tribute to the maintenance of the government, and that proper
enforcible penalties shall be provided to compel the full performance
of duty. The solemnity and comprehensiveness of an oath should
be made to mean something. To enumerate all the infirmities of the
present la^'s and to specify every suitable change and amendment
that shotild be adopted can not be undertaken in this communication,
but it is hoped that the suggestions made will sufficiently invite the
attention of our legislators to the gravity of the situation and the
emergencies that summon their best individual and collective
efforts. . ." 12 Ja 05, P.4HS
g W. Va. White. Change to actual value assessments should begin
the same year for each class of property. 1 1 Ja 05, p. 13-14
8ao Real estate
a Or. Chamberlain. ". . . The summaries of the assessment roUt
of the various counties for 1903 . . . show that the value of
improvements . . . was . . . $40,597,683. The risks written
by fire insurance companies on property situated within the
state for the year ending December, 1903, amounted to $95,531,-
484.84. It is safe to say that more than So% of this insurance is
upon improvements upon real property. When it is remembered
that a very large part of these improvements carry no insurance,
and that property is usually insured for only about half its value, it
will be seen at a glance what an enormous valuation on this class of
property alone escapes taxation. . . There are many
thousands of acres of land in the state which have never been placed
upon the assessment rolls, and which have in consequence escaped
taxation. . . I . . . predict that with a law in force authoris-
ing the assessment of property that has escaped taxation for any
number of years back, the revenues of the state will be very materially
increased." 11 Ja 05, p. 6-7
Bqwiiiatlaa
PINANCB 820-35
b Tex. Lankam. ". . . A majority of the voters in Ochiltree
county have formed themselves into an 'antitax league' for the pur-
pose of preventing the assessment for taxes of such lands, and . . .
officers have been elected pledged to carry out this policy. . . the
Commissioners Court directing the Tax Assessor not to list such lands for
taxation and refusing to approve the tax rolls containing their assess-
ment. . . The liability of these lands to taxation is beyond
doubt. . . These suggestions are submitted to the end that such
amendments of or additions to the laws on the subject may be made
as, in your wisdom, shall be foimd necessary and sufficient to correct
the evil and to enable the state to compel the pajmient of these taxes,
even to the extent, if necessary, of disorganizing Ochiltree county and
attaching it for judicial purposes to some adjoining county whose
officers would feel boimd to obey the law and the obligations of their
official oaths rather than the commands of an 'antitax league' . . ."
12 Ja oS, p.9-10
c Wy. Broo'ks. "In view of the fact that the average value of all
lands throughout the state as assessed is but $1.50 per acre, and that
while in Big Horn county it averages $7.20 per acre, in Sweetwater
county it averages but 31 Jc per acre, some action toward uniformity
of land assessment seems imperative. I would suggest that a joint
committee be appointed to investigate and report on this subject, and,
if possible, all lands throughout the state be classified as grazing,
agricultural, railroad and mineral, and a minimum valuation placed
upon each class." 11 Ja 05, p.7
825 Review. Equalization. Adjustment
For equalization by state see also Sox
A CoL Peabody, 6 Ja 05, p. 17. U. Cutler, Board of Equalization,
10 J a oS, p.22. Wy. Brooks, 11 Ja 05, p.7.
b Fla. Broward. *'. . . I recommend that a state board of
equalization of assessments be created. . ." 4 Ap 05, p. 10
c Ga. Terrell. ". . . The General Assembly has . . . left
the valuation of property a matter almost entirely within the discre-
tion of the taxpayer. . . The fairer he is the more onerous his
individual burden. . . it wotdd accomplish much good and go a
long way toward equalizing the returns to repeal the present arbitra-
tion law, and provide that in case of a disagreement between the citizen
and the Tax Receiver as to the valuation of property, the question be
referred to a board to be appointed by the county authorities, or
elected by the people. . ." 28 Je 05, p. 4-6
d Mich. Warner. "I recommended that the powers of the Tax Com-
mission be curtailed in some respects. With the fixing of the aggre-
gate assessment of the realty of the township or other legal sub-
division, the work of the commission shotdd cease, and the spreading
of that assessment over the township or other legal subdivision should
be done by the local assessing officer. . ." 5 Ja 05, p.7
Equalization
8a5 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
e Mon. Toole. Submission of constitutional amendment enlaiging
the powers of the State Board of Equalization by which that board
can raise or lower assessments upon classes of property without
regard to its effect upon the total assessment as returned, reconi-
mended. 2 Ja 05, p.4
f Neb. Mickey. ". . . I . . . recommend that section 130.
article i, chapter 77 of the Compiled Statutes of 1903 be amended
so as to permit the State Board of Equalization to differentiate be-
tween classes of property in equalizing county assessments.
Another inherent weakness in the present law is the fact that county
boards of equalisation are compelled to make their levies in advance
of the equalization of the county assessments by the state board. . ."
5 Ja 05. p.6
g N. J. Stokes. ". . . In order to escape part of the county tax,
some taxing districts have resorted to low valuations and have released
from taxation almost all personal property. . . The remedy for
this and similar evils would seem to be the reorganization of the
State Board of Taxation with greater power; or, better, perhaps, the
creation of a state tax court that would sit as a court of appeal in these
matters, with equitable powers to remedy inequality in valuation and
equalize the same, not only in the case of individuals and corporations,
but in cases of appeal between taxing districts, and between counties
where these are contributing to a common cause." i7 Ja 05, p. 12-13
h N. M. Otero. ". . . During the past two years a trial has been
given by the Board of Equalization to the sections of chapter 88 of the
laws of 1903 which empower it to apportion and adjust in a lump sum
the amount of taxes to be raised among the different counties, and the
board is frank to acknowledge that this method under existing circum-
stances, while correct theoretically, in practice has not abolished
existing inequalities but has rather accentuated them, not to speak
of the question of law that might be raised by one county levying a
higher rate for territorial purposes than another county upon the
same class of property. . ." 16 Ja 05, p.8
i N. M, Otero. ". . . Since the assessors to a great extent are
either tmwilling or unable to live up to the plain mandates of the law,
'.■ ' the powers of the Board of Equalization and of the Traveling Auditor
should be augmented, giving them complete power to review, revise
and correct the assessment returns from each county, to reassess
property and compel the listing of all property, personal and real,
visible and invisible, at its proportionate value so that the assessed
valuation of one class of property shall bear the same relation to its
true value that the assessed valuation of other property on the list
bears to its true value. . ." 16 Ja 05, p.9
J Tenn. Frazier. ". . . I recommend that the railroad com-
missioners be constituted the State Board of Equalization, and be
required to perform the duties now devolving by law upon that
board, without additional compensation. 3 Ja 05, p. 2 5-26
FINANCE 827-30
827 Collection
a ArL Biodie. ". - In many of the states experience has demon-
strated that the collection of taxes semiannually instead of annually
has resulted to the advantage and benefit of the taxpayer, as well as
to the business interests. Under the existing method of tax collection
in this territory large sums of money are collected and placed in county
vaults during the last two months of the year when money is mostly
needed in business enterprises, and as the statute practically pro-
hibits cotuit^ treasurers from placing cotmty funds in banks, these
large sums of money withdrawn from circulation often create strin-
gencies in the money markets of the various communities, resulting
in high rates of interest and stagnation in business during the period
this money is withdrawn from circulation. In my opinion if taxes
are paid semiannually instead of annually the condition noted above
would be relieved and the taxpayers and business interests would feel
the benefit. . ." 16 Ja 05, p.io-ii
b R. M. Otero. **. . . In most other commonwealths collectors of
taxes are charged and are held responsible upon their bonds for 100%
of the total taxes charged against property in their jurisdiction, and
they can be exonerated from collecting any part of this, for good
reasons only, and upon specific action in each case by the Board of
Equalization. Why can not such a course be pursued in New
Mexico? . . ." 16 Ja 05, p.io
829 Delmquent taxes. Tax sales. Redemption
a ArL Brodie. ". . . I , . . recommend , . such
legislation as will plainly and clearly give the taxpayers . . .
the right to redeem their property within a reasonable time after
sale. . ." 16 Ja 05, p. 10
b S. C. Ileyward. "Our present law, fixing a nominal penalty for
nonpayment of taxes within the time required by law, should be
amended, and a penalty of 10% should immediately attach upon all
taxes remaining tmpaid on January ist. I recommend that the time
aUowed for the payment of delinquent taxes, with penalty, be fixed
at 60 days. . ." 10 Ja 05, p.6
830 Income tax
a S. C. Heyward. "The income tax law is practically disregarded
throughout the state, the only exception of importance being Rich-
land county for the past year. The entire receipts from the tax go
into the state treasury for state purposes, and better provision should
be made for the enforcement of this law alike in all counties."
10 Ja OS, p.S-6
b Wis. La FoUette. **I recommend the passage of an amendment
to the Constitution authorizing the Legislature to enact laws pro-
viding for *a graduated income tax* . . .'* 12 Ja 05, p.22
Inheiitenea taxes
$33.36 N. Y. STATE UBRAKY GOVERNORS MESSAGES I905
833 Business taxes. Revenue, license or privilege taxes
5«» also 84a, Incorporation taxes; isssi Regulation and licensing of trades and
occupations.
a DeL Hunn. Provision should be made for the enforcement of the
state license on distillers of alcoholic liquors. 3 J& 05, p.io-xi
b Fla. Broward. ". . . I would recommend that such legislation
be enacted as will extend the license tax law to cover those profitable
businesses not now contributing a proper share towards the expenses
of the government which a£fords them protection." 4 Ap 05, p.9
c Tex. Lanham. The following is quoted from the democratic|state
platform: "We recommend that occupation taxes on useful occupa-
tions be removed as soon as a fair system of property taxation can be
devised to raise the money now furnished by taxation of such occu-
pations." 12 Ja 05, p.9
d W. Va, White. Amendment recommended to license tax on the
mantifacturers of intoxicating liquors. 11 Ja 05, p. 2 5
535 Tax on deeds and contracts. Fees
a W. Va. White. "One of the revenue measures which was '^ not
passed by the extra session was the bill providing for a recordation
tax. The reason that the bill was not passed was that in the limited
time of the special session, and in the closing days thereof, a discussion
arose as to the advisability of having a graduated tax imposed for the
recordation of deeds and deeds of trust rather than a flat rate. . .
I recommend the passage of such an act at this session of the Legisla-
ture to go into effect January i, 1906." 11 Ja 05, p.iS
536 Inheritance taxes
a Cal. Pardee. ". . . I recommend to the Legislature that it
give careful consideration to the question whether the application of
the present law should not be extended, first, by taxing direct as well
as collateral inheritances, and secondly, by making the tax progressive^
as has been done in Illinois, Ohio, Missouri, Wisconsin, and many other
states. . . . Doubtless there are stiU theorists who regard
such a tax as an attack upon the established rights of property; but
when, in a country where property rights arc so firmly established as
in England, the government claims the privilege of taking from estates
of the largest size so much as 8%; when in the republic of France the
tax goes, in some instances, so high as 15% ; when in such old common-
wealths as Pennsylvania, New York, and Massachusetts the system
is in full operation; and when, finally, 30 states in all have adopted
this tax, it can no longer be regarded as revolutionary, except in the
sense that all progress is revolutionary. . .** 3 Ja 05, p.i8-ig
b Ct. Roberts. *'The law taxing inheritances should be amended so
that the same estate should not be taxed twice within a prescribed
period of time." 4jaoS, p.17
FINANCE
Corporation tazii
836.4X
c 6ft. Terrell. '* A reasonable tax upon collateral inheritances, under
proper limitations, wotild be just and wise. . . Thirty of the 45
states of the Union have an inheritance tax, and a majority of these 30
levy a tax upon both direct and collateral inheritances. . ."
28 Je 05, p.8
d Mass. Douglas. Recommends levy of a tax on direct inheritances.
21 Mr 05, P.12-X4
e Minn. Johnson. "The taxation of inheritances is a matter which
should be considered at this session. Efforts have been made along
this line by preceding legislatures, but in every instance such legisla-
tion has been found unconstitutional. The defects having been
pointed out by the Supreme Court, it is possible to pass a law which
will be approved by that court. . ." 4 Ja 05, p.S
f H. H. McLane. "Under our amended Constitution two new
sources of revenue are available, namely, a tax on inheritances and
a tax on franchises. It is not presumed that a tax on franchises
would produce a very large amount of revenue in this state, but a tax
on inheritances would, in my opinion, produce considerable revenue
without injustice to any one." 5 Ja oS, p.5
g Wash. Mead. "Investigation shows that the state is not deriving
the revenue it should from the inheritance tax law, many county and
judicial officers failing to inform the State Treasurer when estates,
on which the tax should be collected, come into court."
II Jaos, p.29
h Wis. La FoUette. ". . . Some effective supervision on behalf
of the state is necessary to insure to the state its lawful revenues. . .
As it is a matter primarily within the jurisdiction of the county courts,
any steps taken are of a quasi legal character, and it seems proper
that any supervision on the part of the state should be vested in the
Attorney General. . ." 12 Ja oS, p.12
841 Corporation taxes
Including taxation by general property tax
a ' Ark. Davis. *'. . . You should so amend the tax laws of this
state as that all corporate property should be returned, just as railroad
property is returned, to the Railroad Taxing Board of tjiis state,
composed of the Auditor, Secretary of State and the Governor. This
removes the assessment from local influences and local surroundings,
and places the responsibility upon three state officials who dare not
shirk their duty in the proper assessment of this character of property.
If you will do this, gentlemen, you will see that corporate property
in this state will bear its just proportion of the burdens of the govern-
ment. . ." II Ja 05, p.14-17
b Ga, Terrell. **We should . . . require a specific tax from
every corporation doing business in the state." 28 Je 05, p.7
c H. Y. Higgins. "The satisfactory condition of affairs whereby
the tax laws produce sufficient revenue for the requirements of the
lUvponition taxes
L|Z-43 N. Y. STATE UBRARY GOVERNORS MBSBAGBS I905
rtate is threatened by the effect of very recent decisions rendered by
the Court of Appeals. . . . Particular reference is made to the
(.efinition of 'capital employed within this state* as laid down in the
case of the Fort George Realty Co. (179 N. Y. 49), and the construction
placed upon the law imposing a tax upon premiums received by Hfe
insurance companies contained in the case of the Provident Savings
Life Assurance Society (179 N. Y. 227). . . I . . . recom-
mend that the law be amended so as to meet the criticisms made by
the court in the tax cases above referred to. , ."
4 Ja 05, p.4-s. 7
d Wash. Mead. ". . . I am convinced . . . that incorpora-
; tion fees . . . might legitimately be increased. An intelligent
tax commission, the creation of which I recommend . . . has a
broad field of labor in determining what tax shall be borne by those
valuable but intangible forms of property hitherto tmtaxed in the
dass with franchises. In the meantime, I see no impropriety in this
Legislature proceeding to levy a tax on the gross earnings of express
companies, street car companies and sleeping car companies. . ."
II Ja OS, p.27
843 Incorporation and license fees and taxes
See cUso 500, Corporations
a W« Va. White. ". . . An increased revenue can be secured
for this state from a wise classification and a revision of the rates
charged for resident or home corporations. . ." 11 Ja 05, p. 19
843 Banking institutions
See also i67g, Banldng^
a Del. Htmn. Refusal of banks to pay tax: law should either be en-
forced or amended so as to remove doubts as to constitutionality.
3 Jaos. p.io
b H. T. Higgins. *'The tax on the surplus and undivided profits of
savings banks appears in its practical operation to be a tax upon the
depositors, and is, therefore, contrary to the long-established policy
of the state to exempt from taxation the savings of those who make
use of these banks. . . I recommend the repeal of this tax. . . *'
4 Ja OS, p.6
C H. T. Higgins. Special message urging repeal of tax on surplus
of savings banks. 4 My 05
d S. D. Herreid. ". . . From the best information that the state
board could obtain it appears that for the year 1904 bank stock was
assessed from 1 9^ % to 1 00 % of par value. . . The board attempted
I to equalize by an assessment of 60% of the par value, although the
'true and full value' of bank stock, even in the same county varies
from par to two and three times par value and a uniform arbitrary
' rate is grossly inequitable. . ." 3 Ja 05. p.9
Corporation tiUDH
FINANCB 844-4!
844 Insurance companies
Ste also 1739. Insurance
a Wia. La Follette. "Chapter i, of the Wisconsin laws of 190 1, im-
poses a tax of 3 % on the g^ss premiums of domestic life insurance
companies collected in this state, and a license fee of $300 a year on
foreign companies. . . It is very unjust and inequitable to require
domestic companies, having only 35% in value of all the outstanding
policies in the state, to pay over 84% of the life insurance taxes, and
at the same time to impose but 16^ of such taxes upon foreign com-
panies, the value of the policies of which is 65% of the total valuation
of all outstanding life insurance policies in the state. .- . The argu-
ment has been made that foreign companies should not be taxed in
Wisconsin at the same rate as domestic companies are taxed, because
such a course wotdd lead to ruinous discrimination against our domes-
tic companies in other states. . . The Legislature of this state
should not be moved to the rejection of a just law when proposed, by
the consideration that an tmjust law might be enacted in some other
state in retaliation. . . The only tax that appeals to our sense of
justice is a tax based upon the cash value of the policies — that is the
equity of the policies in the assets of the company. This includes
both reserve and surplus. It would be equivalent to taxing the
policies on their investment value in the hands of the owner. But, to
make the administration of the tax economical and effective, it should
be levied upon the company. To avoid double taxation, the value
of real estate and United States bonds owned by the company
should be deducted from the gross assets before making the levy, for
real estate is usually taxed locally and United States bonds are ex-
empt. . . If it be thought, for any good reason, that such a tax
would be excessive, then it might be well to consider the method now
in vogrue in Massachusetts where the cash value of the policies of all
companies (domestic and foreign) doing business in that state is sub-
ject to an 'excise tax' of J of 1%. . Similar adjustments should
be made in the laws with respect to other classes of insurance com-
panies." 12 Ja 05, p. 1 7-20
845 Transportation and transmission corporations
S*0 also 1 300, Transportation
a Mich. Bliss, litigation in regard to *'ad valorem" tax laws, 5 Ja o5>
p.20-22. Wis. La Follette, la Ja 05, p.22-25.
b ArL Brodie. '*. . . I . . . recommend that the Board of
Equalization be given the power to assess all telegraph and telephone
lines in the same manner as railway lines, and that power be given the
board to assess, in like manner, the cars and property of the Pullman
Co. . ." 16 Ja 05, p.7
c Ark. Davis. ". . . While our Constitution provides that all
proi>erty shall be subject to taxation, and while I insist that the fran-
Coiporatloii taxes
845 N. Y. STATE UBRARY GOVERNORS MESSAGES I905
chise of a railroad is property under the meaning of this constitutional
provision and properly subject to be taxed, yet a specific legislative
declarationonthissubject, would forever set at rest this question. . /*
II Ja 05, p.17-20
d Ct. Roberts. "The policy of previous General Assemblies in ex-
empting quasi public corporations from taxation is fundamentally
wrong in principle, and should be discontinued. Every dollar's worth
of property in the state, except that used for religious, college, or
school purposes, should bear its just proportion of the expense of
carrying on the government." 4 Ja 05, p. 17-18
e Fla. Broward. "Immensely valuable franchises and special privi-
leges granted by the state and protected by the law are tm justly
allowed to avoid contributing to the expense of maintaining the
government under which those holding them prosper and accumulate
wealth. . ." 4 Ap 05, p.9-10
f Mich, Warner. ". . . The railroads, contending that the taxes
for 1903 and 1904 are grossly excessive, have begun injunction pro-
ceedings in the federal courts to .restrain the state from collecting
them. . . The total amount at issue at present for immediate
collection is $3,5 7 5 >7 46.60. This tax is a continuous one and the real
amotmt involved, or the capital at stake, so to speak, is the sum of
money which at interest at a fixed rate, of say $%, would produce
every year practically $2,000,000 as a net income. Or in other words
the total amount at issue in the so called railroad state cases now
before the courts is practically $40,000,000. . ." 5 Ja 05, p.7-8
g Mich. Warner. "Sleeping car companies . . . should . . .
come tmder the same general system of taxation that is applied to
other corporations of like nature. . ." 5 Ja 05, p.8
h Minn. Van Sant. "Under the law the examiner is clothed with
authority to examine the books and records of corporations who pay
to the state a percentage of their gross earnings in lieu of direct taxes.
By arduous examination and research it was discovered that millions
of dollars of the earnings of some of these companies had not been
reported, and, consequently, the state was being deprived of hundreds
of thousands of dollars to which it was justly entitled. . ,"
4jao5, p.15
i N. J. Murphy. "The subject of the proper taxation of railroad
property should receive the earnest attention of the Legislature. . ."
10 Ja 05. p.S
J N. J. Stokes. ". . . For purposes of taxation, railroad prop-
erty has been classified, apart from franchises and personalty, into
two classes, the main stem and the property used for railroad pur-
poses outside of the main stem. The main stem is confined in some
cases to a strip of land not exceeding 65 feet, and never exceeding
100 feet in width. . . When the valuation of second-class railroad
property has, by a proper tribtmal of review, been adjusted to the
standard of the value adopted by the local assessors in each taxing
district, there is no reason why it and the property of individuals
Corponitioiii tiZM
FINANCE 845-45
should be taxed for the same puxposes at different rates. Let the
railroad tax law be amended so that second-class property be assessed
at local rates. . The main lines of railroads constitute
a species of property particularly adapted to taxation by the state
so long as the state needs the revenue. . ." 17 Ja 05, p.9-11
k Or. Chamberlain. ". . . I heartily join with [the Secretary of
State] in the recommendation that an act be passed at this session
to compel these companies [parlor car, express, telegraph, telephone]
owning valuable privileges and operating at a large profit, to pay a
fair proportion of the expenses of government. A tax upon the
gross earnings, as in the case of insurance companies, would . . .
in all probability be the simplest and best method of taxation."
II Jao5. p.9
m W. Va. White. ". . . I would recommend, as I did two years
ago, that a tax of 1 5^ be laid upon the gross incomes of all railroad and
street railway corporations in this state. . ." 11 Jao5,p.ao
n Wis. La Follette. *'The present system of taxing electric railway
and electric lighting companies should be abrogated and the ad valorem
system substituted therefor. The assessment of their property should
be made by the State Board of Assessment, the local rate should be
applied thereto by the local authorities and the taxes accruing there-
from should go to the municipalities in which they are located. . .*'
12 Ja OS, p.i2-i6
p Wis. La Follette. Telegraph and telephone companies should be
taxed on the value of their property as assessed by the State Tax
Commission. 12 Ja 05, p. 16-17
846 Mining
a ArL Brodie. "The most reliable information gained from all parts
of the territory where mines are in operation shows that the last
year's production of all mines in Arizona was $38,700,000. In the
pursuance of this profitable vocation, mining companies pay to the
territory no tax on the production of their mines. Their taxation ends
with the limitation of their land and improvement assessment. . .
A very small tax on the gross output of mines would yield to the
territory an aggregate sum commensurate with that industry's
importance among those other varied industries which have always
borne their share of taxation. . ." 16 Ja 05, p.8-9
b Pa. Pennypacker. "The large deposits of coal, anthracite and
bituminous, which underlie the valleys and mountains of this state,
are being shipped in profusion over the world where they become the
fotmdations of industries and bases of wealth, or are wasted in harmful
wars in South Africa or Manchuria, with which we have no sympathy.
One of these days, the deposits will have been exhausted. . . I
suggest that you consider the proprietary of imposing a slight tax
upon each ton of ooal mined, so small in amount that it would not
prove btirdensome to consumers or interfere with trade. . ."
3 Jaos, p.ii-xa
Budget
846-49 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
c W. V». White. "The Tax Cominission proposed asj^revenue
measures certain license taxes on the production of oil, gas and coal
. . . If any license tax for state purposes is to be laid on the oil
and gas interests, after all state taxes are abolished, I renew my
recommendation of two years ago and subsequently, that in 1907 it
take the form of a tax of 1% on the gross receipts of all pipe lines
. . . It has seemed to me that the coal industry of the
state . . . surely would not object to a small inspection tax
upon the commercial lines, say of $100 a year for mines of a certain
size, and $150 or more for mines of a larger size, which shotild be a
fixed tax, and would produce enough revenue to the state to maintain
the mine inspectors bureau and a fair portion of the expenses ci
maintaining the three miners hospitals. . ." 11 Ja 05, p.ai
847 Customs
a Mass. Douglas. ". . . To determine, as accurately as poe-
sible, the nature and extent of the great injury which, as I believe
is inflicted upon our commonwealth by excessive tariff taxes; to
suggest a remedy or remedies; and to put this knowledge before our
citizens and our representatives in Congress, I ask of the General
Court authority to appoint a commission to inquire into and report
upon the effect of the present tariff laws upon Massachusetts indus-
tries. . ," 5 Jaos. p.13-14
[849 Budget
5m also 9575, Local finance
a Ari. Brodie, 16 Ja 0$, p.2-3. Ark. Davis, 11 Ja 05, p.45-47. CaL
Pardee, 2 Ja 05, p.6-19. CoL Peabody, 6 Ja 05, p. 17. Ct Roberts,
4 Ja 05, p. 4-9. Del. Himn, 3 Ja 05, p.S-ti. Fla. Broward, 4 ApoS,
p.4-20. HI. Yates, 4 Ja 05, p.4-5- Ind. Durbin, 6 Ja oS, p.io-17.
Ind. Hanly, 9 Ja oS, p. 10-13. Mass. Douglas, 5 Ja 05, p.5-6.
Mich. Bliss, 5 Ja 05, p.8-ii. Mich. Warner, 5 Ja 05. p.3-6. Minn.
Johnson, 4 Ja 05, p. 4-5. Mo. Folk, 9 Ja 05, p. 15. Mon. Toole,
2jaoS,p.i2. Neb. Mickey, 5 Ja 05, p.io-12. Neb. Mickey, 5 Ja 0$,
p. 24-29. Nev. Sparks, 16 Ja 05, p.5-6. N. H. McLane, S Ja 05, p.3.
H. J. Murphy, 10 Ja 05, p.3-5. N. J. Stokes, state revenues and
business companies, 17 Ja 05, p.4-8. N. M. Otero, 16 Ja 05, p.6-7.
N. Y. Higgins, 4 Ja oS, p.4. N. C. Glenn, 11 Ja 05, p.i4-i6. N. D.
White, 4 Ja 05, p.3-13. Okl. Ferguson, 10 Ja 05, p.4-S- Or. Cham-
berlain, 1 1 Ja 05, p.3-9. Pa. Pennypacker, 3 Ja 05, p.i. R. I. Utter,
5 Ja 05, p.4-5. S. C. Heyward, 10 Ja 05, p.3. S. D. Elrod, 3 Ja 05,
p.9. S. D. Herreid, 3 Ja 05, p.16-17. Tenn. Frazier, 3 Ja 05, p.i.
Tenn. Frazier, 3 Ja 05, p.i 2. Tex. Lanham, 12 Ja 05, p.6-9. U.
Cutler, lo Ja 05, p.s-8. Vt. McCuUough, 6 O 04, p.3-«. Wash.
McBride, 11 Ja 05, p.3-4. Wash. Mead, 11 Ja 05, p.12-13. W. Va.
White, II Ja 05, p.4-5. Wis. La FoUette, 12 Ja oS. p.3-5- Wy.
Brooks, II Ja oS, p. 5-7.
Biidfst
FINANCE g49
Col. Adams. "Six years ago today I gave to the Legislature an
epitome of the financial affairs of the state. A comparison will show
that in that brief period the taxes collected and spent have doubled,
without a corresponding increase in population or wealth. When
a business man's expenditures double without adding to his capital,
it is time he changed his methods. . . Every Legislature
in Colorado's history has spent the full limit of taxes allowed by the
Constitution. The assessed valuation of property is nearly twice as
great as in 189 7- 1900; and yet the levy remains at 4 mills. Every
Legislature spends every dollar the law allows. . . "10 Ja 05, p. 3-4
Me. Cobb. **I recommend . that the state tax be
reduced from 2} mills to 2J mills. . ." 5 Ja 05, p.9
Mass. Douglas. Special message relating to state finances.
21 Mr 05, 14 p.
S. C. Heyward. **. . . In 1903 the General Assembly. . .
appointed a committee to consider *how best to put the state upon a
cash basis, what additional sources of revenue for the state are avail-
able, and what changes should be made in existing laws for the assess-
ment and collection of taxes.* This committee reported at your last
session, making several recommendations, the only one adopted, how-
ever, being a license tax upon all corporations. . . if the ex-
penditures are the same as last year, there will again be a deficiency,
with no provision made to place the state upon a cash basis."
10 Ja 05, p.3-4
S. D. Herreid. "The following comparative statement of the rate
of taxation for all state purposes is for the year 1904:
South Dakota 3 nulls
Minnesota 2 . 73 mills
Iowa 3.5 mills
NorthDakota 55 mills
Illinois 55 Jnills
Nebraska 6 mills
Wyoming 6 mills
As the valuation of property in Minnesota and some of the other
states is much higher than in South Dakota it appears that the burden
of taxation in this state is much less than in any other state in the
northwest." ^ 3 Ja 05, p.42-43
Tex. Lanham. **. . . Under the act approved February 19,
1900, the tax rate was fixe4 at 16 J c, and since then we have been
operating imder that rate. It has been demonstrated that with the
constantly increasing expenditures required to maintain the govern-
ment and imder the valuations of property and methods pursued in
listing for taxation, the revenues received are inadequate to meet the
demands upon our treasury. . . I recommend . . . that for
1905 there shall be levied ... an ad valorem tax of 25c, an-
nually thereafter an ad valorem tax of 20c on the $100." 12 Ja 05, p.8
Budget
85Z N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
851 AppropriatioiL Limit of expenditure
a Col. Peabody. ". . . The appropriations of the General Assem-
blies are made for and extend only through the period of two fiscal
years, consequently the appropriations are made, ending on Novem-
ber the 30th. At the end of the biennial period, from November
30th to April of the following year, there is no provision by the Legis-
lature for current expenses for the maintenance of the executive,
legislative and judicial departments of the state government. . ,
It would seem, therefore, advisable for you to either make an appro-
priation covering the expenses of the three departments of state as
a continuing appropriation, or else have the general appropriation
bill applicable from April ist to April 1st of the second succeeding
year thereafter, or appropriate from the revenue of 1907 sufficient
amounts to supply these departments with funds during the
months of December, January, February and March, thereby pro-
viding funds for the use of these departments and preventing the
necessity of the heads of these several departments being compelled
to contract debts for stationery, postage, clerk hire, stenographers
and similar necessary expenses, in absolute violation of the constitu-
tional provision." 6 Ja 05, p.S
b Mich. Bliss. '* Legislation is needed that will turn into the public
treasuries all fees collected by officials, whether they be state, county
or municipal. . . To partly illustrate the point in question, ta]cd
the game and fisK department of the state. With the exception
of the salary of the warden and the chief deputy, the expense of ad-
ministering the game and fish laws is defrayed out of moneys derived
from license fees. The state should make a direct appropriation for
this work, and the Legislature should be the judge as to how much
should be thus expended. As it is, the amount of work done depends
upon the sum received on account of licenses. This is not business-
like and is not satisfactory. S Ja 05, p. 13-14
c W. Va. White. "Another recommendation ... is to amend
section 4 of chapter 16 of the acts of the special session, in regard to
the officer . . . who shall incur an obligation or indebtedness
not expressly authorized by law ... by making such an act a
misdemeanor punishable by imprisonment, and the party or parties
ofiFendin g removable immediately from office. . .** iiJao5,p.i7
d W. Va. White. ". . . In connection with the deficiencies
which unexpectedly arise from inadequate appropriations, and other
emergencies which develop from time to time, I renew my recommend*
ation of two years ago that the Board of Public Works should be fui^
nished with an emergency appropriation of at least $20,000, any por-
tion of which could only be used for an emergency and upon the tmaai-
mous vote of the members composing the board." 11 Ja 05, p.7t
FINANCB 853-56
853 Accounts. Methods generally. Collection of
moneys. Warrants
See also 3575. Local finance
a BL Deneen. '*! believe it wotdd be an advantage to our state to
have a uniform system of bookkeeping. . ." 9 Ja 05, p.8
b Mass. Douglas. "I recommend that a small sum be placed at the
disposal of the Governor and Coimcil for an investigation of the com-
monwealth's method of bookkeeping and accotmting by an exx)ert,
familiar with modem methods." 5 Ja 05; p.37
S54 Collection of state claims and revenue
m Ind. Durbin, 6 Ja 05, p. 40. Mich. Bliss, Spanish- American War
daim, $ Ja 05, p. 19. Nev. Sparks, Nevada War claims, 16 Ja 05,
p.7-10. Tex. Leuiham, state revenue agent, 12 Ja 05, p.13. Vt. Mc-
Cullough, claims against the United States, 6 O 04, p.8-9. W. Va.
White, n Ja 05, p.28. Wis. La Follette, Civil War claim, 12 Ja 05,
p.8.
b V. K. Otero. *' I recommend that a law be enacted providing that
all receipts for taxes and miscellaneous collections from all sourcef
be made in triplicate, one to the office pa}mig, one for filing with the
county clerk, and the triplicate for the office record. . All such receipts
should be issued from the office of the Traveling Auditor to the dif-
ferent county treasurers, to be consecutively ntunbered and to be
countersigned by the said Traveling Auditor and not to be valid
unless so numbered and countersigned. . ." 16 Ja 05, p.13
955 Claims against state
a CaL Pardee, a Ja 05, p.43. Nev. Sparks, 16 Ja 05, p. 17- 18.
856 Bxamination and audit
m Col. Peabody. ". . . A traveling auditor [should] be retained
to check the accounts of state institutions at stated intervals. The
power of such an official should also apply to departments of the state
government, for which no examination is at present properly pro-
vided. . . I find . . . that there is no legal right
vested in the Governor or other official to appoint a special examiner
to investigate the books and accounts of any of the various state
officers and departments, or the various bureaus and boards in con-
nection therewith, other than the semiannual examination of the
offices of the State Treasurer and State Land Board, and the biennial
examination of the State Auditor's office, and that of the State
Txeasurer. . ." 6 Ja 05, p.4
b CoL Peabody. **. . . I believe it would be better to impose
the duties as secretary of the Auditing Board upon the Printing Com-
Accounts
856 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
missioner, for the reason that he is in a better position to give his
attention to this service. . ." 6 Ja 05, p.iS
c m. Yates. '*. . . It is probable that the election or appoint-
ment of a State Inspector, or State Board of Accountants, empowered
to examine all departments and offices, and officers, under a uniform
and thorough system, might save more money to the state than is
now being saved. . . I recommend legislation providing for either
a Board of State Accountants, as provided for in the bill of two yean
ago, or a Chief Inspector of Accoimts." 4 Ja 05, p.3
d Kan. Hoch. ''Serious charges having been made in the public
prints, which are of great public notoriety, concerning the business
interests of the state, I invoke the aid of the Legislature, that a
thorough and impartial investigation of the public records be made
and the real facts ascertained. . . I think it may safely be said,
that whatever may be the facts as to the more serious matters, the
system of public accounting in state departments is very imperfect
and needs improvement. . ." 10 Ja 05, p. a
e Mich. Bliss. Recommendation renewed for a uniform method of
auditing expenses incurred on behalf of the state, and more compre-
hensive auditing powers over state institutions. 5 Ja 05, p.a4
f Mich. Warner. ". . . I suggest the granting to the Auditor
General of greater powers in connection with the accounts of . . .
institutions. I recommend that the Auditor General be required to
report monthly to the Governor any receipt or expenditure by any
state institution, state department, or any public official required to
file vouchers with the Auditor General, which, after careful examina-
tion by him, shall bear evidence of improper or injudicious business
methods. . ." 5 Ja 05, p.4
g Neb. Mickey. "The experience gained in the past two years serves
to confirm my judgment as expressed in my previous inaugural address*
recommending the creation of the position of state accountant. • .•*
5 Ja 05, p.ai
h N. M. Otero. "I urge very earnestly that this legislative assembly
appoint a committee or committees to investigate every territorial
office and the management of every territorial institution and
board. . . " 16 Ja 05, p.30
i U. Cutler. *'. . . At present the law provides that it is the
duty of the State Auditor to inspect, in his discretion, the books of
any person charged with the receipt, safe-keeping, or disbursement
of public moneys. . . I recommend that the law be amended
(section 2421, 14) by striking out the words 'to inspect, in his discre*
tion,' and inserting in lieu thereof the words, *to audit at least once
a year.* " 10 Ja 05, p.S
^ Wis. LaFoUette. ". . . It is . . . recommended that the
Commissioner of Banking be required by law, once in three months
or oftener if required by the executive, to examine the accounts of
each officer and state department receiving state moneys or maldng
expenditures thereof, and also the accounts of the charitable and penal
Debti
FINANCB 857-65
institutions of the state, the normal schools and the state university,
and immediately thereafter make full report thereof to the Secretary
of State. . . The accounts of the Commissioner of Banking should
also be examined and reported upon in the same manner but by some
officer or person other than himself. . ," 12 Ja 05, p.8
857 Financial officers
5cr also 55, State examiner; 2588, Local finance
858 State auditor. Comptroller
a ArL Brodie, x6 Ja 05, p.17. Old. Ferguson, xo Jao5, p.z4. Tex*
Lanham, 12 Ja 05, p. 13. U. Cutler, 10 Ja 05, p.8. Vt McCulloughi
6 O 04. p.7.
b H. K. Otero. "Under the present law, the Territorial Auditor is
required to give a bond to the territory in the sum of $100,000. . .
I recommend that the law be amended so as to reouire a bond in the
sum of $25,000." i6jao5, p.xz
859 State treasurer
a ArL Brodie, 16 Ja 05, p.17. Neb. Mickey, 5 Jao5, p.r9-2o. OkL
Ferguson, 10 Ja 05, p.iS- Tex. Lanham, 12 Ja 05, p.13. W. Va.
White. II Ja OS, p.6~8.
b S. D. Elrod. "The salary of the State Treasurer should . . .
be increased. . ." 3 Ja 05, p.9
860 Fiscal year
a Mass. Douglas. "I renew the recommendation of my predecessor
that the date of closing the financial year be changed from December
31 to September 30. . .** 5 Ja 05, p.37
863 State institutions
a Heb. Mickey. "During the past bienniuni, at the suggestion of this
department, a tiniform system of bookkeeping has been established
in all the state institutions, the result of which is most satisfac-
tory. . ." 5 Ja OS, p.9
8&S Debts. Bonds
5«r also 3597, Local finance
a ArL Brodie, 16 JaoS,p.i2. Col. Peabody,6 Jao5,p.4. Fla. Brow-
ard, 4 ApoS, p.iS- Ind. Durbin, 6 Ja oS,p.ii-i3. Ind. Hanly,9Ja
05, p.9-10. N. H. McLane, 5 Ja oS, p.4. 1^- Y. Higgins, 4 Ja oS,
p.3-4. N. D. White, 4 Ja oS, p.9-13. Or. Chamberlain, 11 Ja oS,
p.4-5. R. L Utter, 5 Ja oS, p.6. S. C. Heyward, 10 Ja oS, p.6.
S. D. Herreid, 3 Ja oS, p.17. Tenn. Frazier, 3 Ja os, p.13. W. Va.
White, Virginia state debt certificates, 11 Ja oS, p.78.
b Mass. Douglas. "The state debt is now too large; it should not be
increased for any but the most extraordinary purposes."
S Ja OS, p.6
Depositi
M5-68 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
c Mass. Douglas. Recommends that expense of new buildings and
repairs be defrayed without recourse to loans. 21 Mr 05, p.6-7
d Minn. Van Sant. '*It is . . . gratifying to reflect upon the
fact that to erect this magnificent structure [new capitol] not one
dollar of bonded indebtedness has been incurred." 4 Ja 05, p.3
e S. C. Heyward. **On December 19, 1904, the Supreme Court of the
United States affirmed the decision of the United States Circuit Court,
in the case of Lee against Robinson, and declared the revenue bond
scrip of this state to be void. Under the act of March 2, 1872,
$1,800,000 of this scrip was issued. . . By this decision the state is
forever relieved of the liability to redeem the $1,800,000 of scrip out-
standing, and a menace to her finances has been removed. . .*'
la Ja 05, p.6
f S. D, Herreid. "In September, 1901, Simon Schaffer, of New York,
through Hon. Charles H. Burke, made to the state of South Dakota,
a donation of 10 bonds, issued by the state of North Carolina, with
accrued interest, amounting to $27,400. The bonds were delivered
with the intimation that the donor 'would be pleased if the Legisla-
ture, of South Dakota would apply the proceeds . . . to the State
Universityortosomeof its asylums or other charities* . . . Prior
thereto the Legislature had enacted a law making acceptance man-
datory. . ." 3 Ja 05, p.41
868 Deposits and depositories
5«r also 9600, Local finance
a Cal, Pardee. *'The state of California pursues a policy different
from that of a majority of the states by keeping public ftmds in its
own vaults, thereby locking up a large amount of money, instead of
making deposits in the banks. By following the deposit plan the
money is permitted to circulate in the channels of trade until needed
to meet claims against the treasury. . . It was a step in the right
direction when the law was passed, some years ago. making state and
county taxes payable in two instalments instead of one, becatise this
reduced the amount of money locked up at any one time. . . The
ordinary interest rate on daily balances paid by the banks is 35^,
and on $4,000,000 this would amount to $80,000 a year — enough to
sustain one of the state institutions. . ." 2 Ja 05, p.xo-xi
b Id. Gooding. **The republican party stands pledged ... to
pass a law at this session that will give the state and the counties
every penny of interest earned by its money. . .** S Jst 05, p.21
e ' Kan. Hoch. *'This Legislature will doubtless be ask^ to estab-
lish a public depository, or a system of depositories, where public
fimds shall be placed upon interest for the benefit of the state. . .
Two plans are proposed : one for the establishment of a state depoca*
tory in which the interest upon the money therein deposited shall
accrue to the state; and the other prox'iding that the semianniial xe-
mittances from the various cotmty treasurers to the State Treasurer
Deposits
FINANCE g^g
shall be held in county depositories tintil the State Treasurer
shall need the money, covin ties thus withholding their remittances to
receive the benefit of the interest on the money withheld as well as
upon the sums already generally deposited in the local banks. . .
Missouri received in interest from its state depository last year the
handsome s\im of $42,768.61. . ." 10 Ja 05, p.4
N. D. White. **. • . Our present law regulating . . . de-
positories should be amended in several particulars. The provisions
of that law for the examination of the treasurer's office by the State
Board of Auditors is inoperative and should be stricken out, and other
means substituted. The provision limiting the amoimt deposited in
a designated bank to the assessed value of its capital stock, is not
complied with. . . A more practical limit would be a certain per
cent of its capital stock, surplus, and undivided profits. . . The
law should provide, too, that when a bank ha? been designated by the
State Board of Auditors as a state depository, it is entitled to and
shall receive as nearly as possible a pro rata share of the state deposits.
Each state depository should be required to file with the State Audi-
tor before the 15th of each month, a statement of the daily balance
of the preceding month and remit to him the amount of the interest
due. All money, checks, drafts or other fimds belonging to the state
or held in trust by the state, coming into the hands of the State Treas-
urer, should be immediately deposited in the state depositories and
the treasurer relieved from liability for loss of all funds so deposited. . . "
4 Ja 05, p.16-17
Okl. Ferguson. **The problem of territorial depositories is a hard
one to solve. . . The legislator who can devise an absolutely safe
depository law and ways and means to comply with it would be a
public benefactor, not only to the territory but to the states as well,
where this matter is still an unsolved problem. At best it is an ex-
periment attended by dangers. If surety bonds are taken and a loss
occurs, the companies almost invariably resist payment if the amount
of the liability is large. If territorial warrants or the municipal
securities are taken, there is always some danger of the loss of the
securities." 10 Ja 05, p. 15-17
S. D. Elrod. **. . . Some arrangement should be made where-
by a certain portion of the surplus money in the state treasury should
be loaned to reputable and responsible banks within this state, and
the interest received therefor, on daily balances, should be (by the
banks) turned into the state treasury." 3 Ja 05, p.9
U. Cutler. ". . . A system which enables any custodian of
public ftmds to accept employment nominally as clerk or official in
some institution and receive a salary therefor, while the real con-
sideration for payment of such salary is the use of public funds, is
pernicious in the extreme, and is violative of the spirit of the Con-
stitution. In conducting public business in this state, payment is
made by a system of warrants. These warrants draw interest from
the public treasury under certain conditions. For illustration, if pre-
PoHca
fl68-74 K. T, STATB UBRABY GOVERNORS MESSAGES I905
sented to a county treasurer, when drawn against a county fund, and
registered and stamped 'not jpaid for want of funds,' they draw inter-
est at s%. This makes it possible that county and other warrants
may draw interest, when at the same time money belonging to those
funds may have been lying in the banks. . . I recommend as
to the depositing of state and other ftmds, that the law should pro-
I vide that it be imder a board, either of loan commissioners or other-
I wise as you in your wisdom may designate, who shall exercise dis-
i cretion as to the safety of the place of deposit, and shall let the public
know the terms thereof, and the benefit to go to the various funds
on deposit; that in covmties the power be vested directly in the
boards of covmty commissioners; in cities in the city cotmdls or
finance committees thereof; and in school districts in the various
school boards, each to exercise its discretion and make its action a
matter of public record. . ." 10 Ja 05, p.9-10
h W. Va. White. "The recommendation [of the State Treasurer] as
to reducing the number of state bank depositories to 25 is an excellent
one and I indorse it. . .*' ix Ja 05, p.6
i Wis. La Follette. "Existing laws are wholly inadequate to in-
sure the safe-keeping and integrity of the ftmds and securities of the
state in the state treasury. . . It will be admitted by all that the
unlimited power to dispose of the funds and securities of the state
ought not to be lodged in a single individual or officer. . .*'
12 Ja OS, p.5-7
B70 Public order
5«r eilso 234. Crimes and offenses
873 Police
874 State and county police
a An. Brodie, Arizona rangers, 16 Ja 05, p. 20. Tex. Lanham, the
ranger force, 12 Ja 05, p. 14.
b N. M. Otero. "I have been urged by stockmen to recommend the
passage of a ranger law, whose duty it shall be to patrol the ranges,
to prevent the theft of stock and to aid in the apprehension of
criminals. . ." 16 Ja 05, p.28
C Pa. Pennypacker. "An act of February 27, 1865, provided that
any corporation owning or using a railroad might apply to the Gover-
nor to commission such persons as the corporation should designate
to act as policemen for said corporation. . . The system thus
established has grown by subsequent legislation and now railroads,
collieries, furnaces, rolling mills, coal and iron companies, corpora-
tions for the propagation of fish, and many other corporations have
their force of policemen exercising the authority of the oonunon-
wealth. . . The system is objectionable upon principle. . .
Where police are selected, paid and discharged by the corporations
Police regulations
PUBLIC ORDER 875-^
and bear the name of 'coal and iron police/ it is evident that they
are in effect the servants of their employers rather than of the com-
monwealth whose authority they exercise. The arrest and incar-
ceration of a citizen for breach of law is one of the most fundamental
and delicate of the functions of sovereignty, and the protection of
property and the prevention of breach of the peace and disturbance
are among the most important of its duties. . . It would be well
for you to consider whether the time has not arrived for the state to
resume these functions and to authorize the appointment by the
Governor of a constabulary of sufficient force, say lo in each county,
to be used wherever needed in the state in the suppression of disorder.
They could be utilized in the place of the corporation police, the game
wardens, fish wardens, forest wardens, the officers of the different •
boards and commissions exercising police authority, and would enable
the executive in cases of emergency to 'take care that the laws be
faithfully executed.' . . . It is doubtful whether the expense of a
regular constabulary would, upon the whole, be greater than the
occasional calling out of the National Guard, which it would at times
obviate. . ." 3 Ja 05, p.8-9
975 Htmicipol police
Douglas. "In 1885 a departure was made from the time-
honored and successful system of local self-government, and the con-
trol of its own police was taken from the city of Boston and vested
in a commission appointed by the Governor. The assumption of
this power by the commonwealth has resulted in no good to it, or to
any party in it, and the commonwealth should acknowledge the fact.
I recommend a return to the principle of home rule by the enact-
ment of a law restoring to Boston and Fall River, respectively, the
control of their oirti police forces." 5 Ja 05, p. 8
b Mo. Polk. **. . . The police departments of St Louis, Kansas
City and St Joseph are controlled as an arm of the state by boards
appointed by the Governor. This has been the system in our state
for more than 40 years, and changes that are made should only be
after due consideration and close study of this serious problem. . .
Whether there be any change in the method of selecting
the commissioners or not, the police departments in all the cities
should be put under civil ser\ace rules by law. . ." 9jao5,p.9-io
877 Miscellaneous police regulations
5er also 356. Crimes a<7ainst public order and security; 264, Crimes asrainst
public morals and the family; 1065, Nuisances; X090, Public safety
879 Amtisements
Relating chiefly to restricted amtisements
897 PooIseDiog. Bookmaking etc.
a Ho. Polk. *'The state should not license gambling in any form,
whether it be a lottery or poolselling on horse races, and the per-
Liquors
887-903 N. y. STATE LIBRARY GOVERNORS MESSAGES I905
nicious effect on public morals is not lessened by requiring a fences to
be put around the place where the racing is carried on. . ."
9 Ja 05, p.13
b Mo. Folk. Recommends repeal of law licensing pools on horse
races in certain places for benefit of state fair. 7 F 05, p.3-4
895 Cruelty to children and animals
a Col. Peabody. State bureau of child and animal protection.
6 Ja 05, p.ii
896 Cruelty to animals
a Fla. Broward. "I recommend that the law for the prevention of
cruelty to animals be so amended as to prohibit shooting tame, live
pigeons for sport." 4 Ap 05, p.48
900 Intoxicating liquors. Narcotics
a N. C. Glenn, 11 Ja 05, p.12.
902 Prohibition
a Kan. Hoch. ". . . Prohibition has now been a part of the or-
ganic law of this state for 24 years, and while there are honest differ-
ences among good people of its wisdom, and while it has been defective
in operation, its benefits must be conceded. The conditions are not
all that good citizens desire everywhere in the state, but, with all of its
defects in operation, the conditions are much better here than in states
sustaining a different attitude toward the subject. . ."
10 Ja 05, p.14
b Me. Cobb. ". . . The estimate in which the prohibitory law
is held in certain parts of the state, and by many of our citizens, is
working an incalculable injury to the forces that make for law and
order. A disrespect and disregard for all law is being nurtured that
if allowed to grow unchecked and unassaUed will weaken and destroy
the very foundations of good movement. . . This law
must be enforced in order that all law may be vindicated, and to the
performance of this duty every man, irrespective of party but united in
the interests of good citizenship, may well direct his energy and in-
fluence. The task is not an easy one, and the practical difficulties
that stand in the way of its accomplishment should be neither ignored
nor underestimated; but an aroused and determined public senti-
ment standing for order and respect of law can force officials to do
their duty, or failing in this, can fill their places with those who wilL"
S Jao5,p.i3-i4
903 Dispensaries
a S. C. Heyward. ". . . 1 . . . recommend that the
various county boards of control should be appointed by
the State Board of Directors. Two members of this board
Liquon
PUBLIC ORDBR 903-4
to be appointed upon the recommendation of the legislative
delegations, the other member upon the nomination of the
mayor of the county seat. . . This board should elect the
various county dispensers, but these dispensers should be subject to
removal by the State Board of Directors, for cause. The
State Commissioner should, in my judgment, be the officer whose duty
it should be to purchase all supplies for the dispensary. . .
The general supervision and management of all county dispensaries
should be in their [State Board of Directors] charge, and the)»^ should
be specifically charged with the duty of seeing that all restrictions
governing the various dispensaries should be strictly enforced. . .
I further recommend that the law as to the location of
county dispensarie«« be amended to restrict them to such incorporated
towns and cities as, in the opinion of the county board of control, furnish
adequate police protection to the public against disturbances of the
peace. . . Where popular sentiment favors the
dispensary law, there is, of course, very little work for the constabu-
lary to do, but in other localities exactly the reverse of this is true. . .
There are few in Charleston who favor the dispensary,
which, although it has been in operation for more than a decade, is
strongly opposed, and has made but few converts. . . Trials by
juries have proven ineffectual, and the resources of the law have
been appealed to, time and again, but the illegal sale of liquor con-
tinues. . . The Chief Constable calls my attention to
the fact that he is much hindered in the general enforcement of this
law by the existence of so called 'social clubs,' etc. I recommend that
the laws governing the granting of such charters be amended, so that
they shall not be granted tmtil 60 days' published notice has been
given, and that the Secretary of State be given authority to refuse
such charter upon an affidavit by the Chief State Constable that he has
reason to believe that the applicants intend to violate the dispensary
law. . ." 10 Ja 05, p.is-i6, 18-19
b W. Va. White. "There has been considerable discussion of late
about the propriety of West Virginia adopting a state dispensary sys-
tem similar to that of South Carolina. I am not favorably impressed
with the practical workings of that system, nor do I think the time is
propitious for enacting such a radical change in our license tax system
as this would be. . ." *iiJao5,p.26
904 Local option
a Del. Hunn. Recommendation renewed that provision be made for
local option. 3 Ja 05 , p. 1 5-1 6
b Ind. Hanly. Amendment of local option law recommended.
9 Ja oS, p.23-26
c Hass. Douglas. "Under existing law each city and town decides
whether liquor shall or shall not be sold within its limits, and the ap-
plication of this principle could well be extended so as to include the
right of decision by the voters in the several cities and towns of the
Liquors
904-7 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
hours in which innholders therein can serve intoxicating liquors to
their guests." 5 Ja oS, p.9
d N. H. McLane. '*The law entitled *An act to regulate the traffic
in intoxicating liquors,* approved March 27, 1903, created a new con-
dition in this state as regards the sale of intoxicating liquors. . . I
am convinced that there are very few who would advocate a return
to the conditions that existed prior to the passage of the present
law. . ." 5 Ja 05, p. 18
e N. Y. Higgins. "The right to determine by popular vote whether
trafficking in liquors shall be permitted in a locality, is now Hmited
to the towns of the state. It is, in my judgment, worthy of the con-
. sideration of the Legislature whether this right of local option should
not be extended to cities and the divisions thereof." 4 Ja 05, p. 18
f S. C. Heyward. *'At your last session there was enacted a law
giving to cotinties which desire prohibition the right by a majority
vote to close their dispensaries, and upon the taxable property of all
counties so voting it was required that there be levied an annual tax
of i of I mill, this tax to be expended by the Governor in enforcing
the law, should the local authorities fail to do so. Objection has been
made to this law on account of the tax imposed, it being contended
that it is in the nature of a penalty, its effect being to deter the people
from voting for the removal of dispensaries. I do not agree with this
view. If prohibition be substituted for the dispensary law, then pro-
hibition should be enforced, and when this can not be done throu^
the sentiment of the people, expense must certainly be incurred. . ."
10 JaoS, p.i7
g Vt. McCullough. "The general sentiment of the state seems to be
that local option should be given further trial. In many instances
it has so far resulted in practical prohibition. I would recommend
that the vote on license or no license should not be taken in any town
or municipality oftener than once in three or five years." 6 O 04, p. 18
907 Liquor licenses
a N. Y. Higgins, 4 Ja 05, p. 17-18.
b Ind. Durbin. "The growing disposition of many of those engaged
in the retail liquor traffic to place the saloon in the attitude of a law
breaker and a center of vice and crime may be corrected to a large
degree at least by matdng the saloon keeper more directly responsible
to the public sentiment of his commimity. I suggest the advisability
of placing the onus of securing a petition for the granting of a license
bearing the names of a majority of the legal voters of a ward or town-
ship upon the applicant for license, and that authority be vested in
each Circuit Court to revoke the license of any saloon within its juris-
diction whenever it is made to appear that the conduct of such saloon
is contrary to law and a menace to the peace and order of the com-
munity." 6 Ja 05. p. 7-8
C Wash. Mead. "The neglect, which amounts to refusal, on the part
of a number of incorporated cities and towns to pay to the state the
Mob Tiolenca
PUBLIC ORDBR . go8-27
portion of xnunicipal liquor license fees exacted by the state law works
a serious depletion of the state's legitimate revenues. . ."
iz Ja 05, p.28
908 fizdse boards
a Mo. Polk. "The compensation of the Excise Commissioner is out
of proportion to what is paid other public officials. He shotild be
put on a reasonable salary and all fees paid into the state treasury."
9 Ja 05, p.14
910 Regulations and restrictions
5«r also i49t Election offenses
91 X IGnoTS. Persons to whom prohibited
a Fla. Broward. **. . . I . . . recommend that the sale
of . . . Hquor to the Seminole Indians be prohibited by law. . .*'
4 Ap 05, p.48
91a Restricted localities
a N. M. Otero: ". . . I would suggest that a law be enacted
which will prohibit the manufacture and sale of vinous, spirituous and
malt liquors within 5 miles of any government reservation used for
sanatorium purposes, and provide a suitable penalty for infraction
thereof. In the same line, I would suggest legislation,
which will prohibit the granting of saloon licenses in precincts with
less than 500 inhabitants, as a saloon in so small a community can cer-
tainly not be maintained legitimately and must resort to methods for
profit that are utterly unworthy of law and order and good morals
and increase crime." 16 Ja 05, p.25
9x8 Wine. Cider
a Ark. Davis. Law regulating growing and sale of wine should be
revised. 11 Ja 05, p.28-30
936 Opium, cocaine etc.
Sm^oIso 953, Sale of drugs
a Okl. Ferguson. "The Board [of Pharmacy] also calls attention
to the sale of cocaine. . . I . . . recommend legislative
action. . ." 10 Ja 05, p.2a
b W. Va. White. "Stringent legislation regulating and preventing
the indiscriminate sale of cocaine, 'dope/ and similar drugs should be
enacted. . ." iiJao5,p.5o
937 Mob violence
a Ind. Hanly, growing respect for the law, 9 Ja 05, p. 20. W. Va.
White, II Ja 05, p.62.
b CoL Adams. " Lawbreaking, disregard for the statutes, is'^the
heaviest tax that can be imposed upon industry, labor or property.
Good government requires but two things — first, a good code of laws,
and then a people who will uphold and abide by them. I have firm
faith that existing laws fairly administered will be adequate to right
hwdaj observance
p^.ap N. Y. STATE ^BRARY GOVERNORS MESSAGES I905
every wrong. Adherence to the law is the best cure for most of the
evils that can infest a state. Where official and citizen respect the
law, there can be no necessity for extra constitutional measures to
preserve peace and order. . ." 10 Ja 05, p.4
c Ind. Durbin. "Lynchings and similar manifestations of the mob
spirit have been unknown in Indiana during the past 18 months. . .
The Indiana antilynching law, providing for the for-
feiture of office by any sheriff failing to offer proper resistance to any
mob seeking to seize a prisoner, is a salutary one, and doubtless in
the Evansville case had been the cause of the removal of the negro to
a place of safety. . ." 6 Ja 05, p.38
d N. C. Glenn. ** During my term of office, by trying always to pro-
vide for the speedy trial of those charged with heinous outrages, every
effort will be made to discourage mob law, and lynchings will never
be permitted if it is possible for the strong arm of the law, with all the
powers at its command, to prevent it. . .'* 11 Ja 05, p. 14
e S. C. Heyward. ". . . Since your last meeting I have had, on
several occasions, to order out troops for the protection of prisoners
. . . The services of the militia should never be called upon imtil the
civil authorities shall have exhausted every means in their power to
uphold the law. I am firmly convinced that, were this stand taken,
calls upon the Governor for the services of the militia to protect
prisoners would cease entirely. . . . the Governor is
practically powerless where the details of the enforcement of law are
concerned, for the reason that he has no power to compel an officer
to do his duty . . . I am of the opinion that this should be
remedied by such legislation as would inflict a penalty for neglect of
such duty, the penalty to include removal from office of the offender
when such extreme measures are rendered necessary for the proper
vindication of the law. Offenders should be made to under-
stand the fact that no expense will be spared to bring them to pun-
ishment. I asked last year for a special ftmd to suppress l3niching,
and though none was provided, I felt it my duty, nevertheless, to
make an attempt, in each and every lynching that has occurred, to
uphold the dignity of the state in endeavoring to bring the offenders to
justice. . ." 10 Ja 05, p.3o-3i
f XJ. Cutler. ' ' I am of the opinion that a fund should be placed at the
disposal of the Governor, to be used in case of riot, or insurrec-
tion. . ." 10 Ja 05, p.3S
g W. Va. White. Reconmiendation renewed for legislation to pre-
vent lynchings. 1 1 Ja 05, p. 2 7-28
939 Sunday observance
a N. M. Otero. '*. . . What is known in general terms as the
•Sunday law* is very properly enforced in some localities in this ter-
ritory but not in others. . . Each locality shotdd be treated
alike, and if the present law is weak in any particular, you should
remedy it, so that there can be no question whatever as to the
intent of the Legislature." 16 Ja 05, p.a4
Supervision
PUBLIC HEALTH AND SAFETY 930-38
«o Public health and safety
93a General supervision
Stf also a 1 60, Sick and disabled
a ArL Brodie, 16 Ja 05, p. 18, 26. Cal. Pardee, a Ja oS, p.39.
CoL Peabody, 6 Ja 05, p.ii. DeL H\inn, 3 Ja 05, p.ao. Minn.
Johnson, 4 Ja 05, p. 16. OkL Ferguson, 10 Ja 05, p. 2 a. Tex. Lanham,
laJaos.p.iS. XJ. Cutler, 10 )a oS,.p.24. W. Va. White, 11 Ja 05,
p.69-70.
b Pa. Pennypacker. "Such legislation ought to be adopted as will
aid in ensuring the maintenance of the health of the people by pro-
viding adequate means for the prevention of the pollution of the
streams and water supplies, the prevention of the spread of typhoid
fever, diphtheria and similar diseases through the dissemination of
their germs, and providing for the registration of births, deaths and
cases of contagious and infectious diseases. The present system,
which imposes upon the boards of school directors in many counties
the duties of local boards of health, is inadequate and needs revision.'*
3 Ja OS, p.19
c S. C. Heyward. ". . . I believe that more efficient service
could be rendered were the Board [of Health] empowered to elect a
physician, as an executive secretary, giving this officer such salary
as would enable him to devote his entire time to matters concerning
the public health. . ." 10 Ja 05, p.25
934 Local boards and officers
a DL Yates. ". . . Legislation making the creation of boards of
health in cities and villages mandatory, is much to be desired."
4 Ja 05, p.2i
b U. Cutler. "It is a matter of regret that 75% of the health officers
in Utah serve without pay." 10 Ja 05, p.25
936 State laboratories
a Ind. Durbin. Recommendation of State Board of Health for a
state laboratory of hygiene opposed. 6 Ja 05, p.30
93$ Yitai statistics
5«f also 474« Family
a Fla. Broward. "I call your attention to the very complete and
valuable report of the State Board of Health, and especially to the
important recommendations ... in regard to the accurate col-
lection of vital statistics, the licensing of embalmers, and the proper
record of burials." 4 Ap 05, p.38
b Mich. Bliss. The establishment of a more perfect system of birth
recoxxls recommended. 5 Ja 05, p. 24
c U. Cutler. "Greater care should be taken in collecting vital
sUtistics." 10 Ja 05, p.as
Medicine
940-53 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
940 State control of medicine
943 License to practise
944 Medicine
a Ari. Brodie, 16 Ja 05, p.19. S. D. Herreid, 3 Ja 05, p.aS.
b m. Yates. Office of assistant secretary of Board of Health should
be created to perform duties of board relating to practice of medicine.
4 Ja 05. p.2o
c Kan. Hoch. "I think the State Board of Medical Registration
might well be consolidated with the State Board of Health. . ."
10 Ja 05, p.2o
d S. C. Heyward. Recommendations of State Board of Medical
Examiners. 10 Ja 05, p.a5
e XJ. Cutler. Recommended that provision be made for issuing cer-
tificates to practitioners of other states. 10 Ja 05, p.40-41
947 Osteopathy
a OkL Ferguson , Board of Osteopathic Examiners , i o Ja 05 , p . 2 a-aj •
948 Dentistry
a Ari. Brodie, 16 Ja 05, p.19. Okl, Ferguson, 10 Ja 05, p.aa.
949 Pharmacy
a Ari. Brodie, 16 Ja 05, p.19. OkL Ferguson, 10 Ja 05, p.aa. Wy.
Brooks, II Ja 05, p.23.
b CaL Pardee. Report of special commission appointed to investigate
the State Board of Pharmacy. 2 Ja 05, p.4x
c HL Yates. *'. . . I recommend that the section of the law in
regard to 'locality certificates,' be modified or repealed as the purpose
for which it was enacted has been served. . . I also recommend a
change in the law concerning apprentices. . . " 4 Ja 05, p. 2 4
952 Sale of drugs
5m also 040t Pharmacy
a N. M. Otero. ". . • I would recommend that all patent
medicines sold in the territory should have labels giving their in-
gredients, and a warranty that they contain no ingredients injurious
to the health. . ." 16 Ja 05, p.28
b XJ. Cutler. "The alarming extent to which patent nostrums, con-
taining alcohol, cocaine, and other harmful drugs, are used throughout
the state, is worthy of your serious consideration. While this is a
difficult matter to legislate upon, on accotmt of the desire that the
liberty of the individual shall not be abridged, yet you may be able
to pass a measure requiring that the exact ingredients of each
preparation shall be named in the label, or limiting the amount of any
dangerous ingredient in any article sold. . ." 10 Ja 05, p. 25
Adultoration
PUBLIC HEALTH AND SAFETY OSS'S^
953 Poisons
Sm alto 9t6t Optam» cocaine ete.
a v. M. Otero. " I would recommend that druggists be compelled
to keep a register of those to whom poisons are sold." z6 Ja 05, p.a8
956 Adulteratioiu Inspection of articles liable to
affect public health
a Minn. Van Sant, Dairy and Pood Department, 4 Ja 05
P.X&-19. S. D. Herreid, Department of Food and Dairy Com-
missioner, 3 Ja 05, p.38~39. XJ. Cutler, Dairy and Food Commissioner,
10 Ja 05, p.40. Wis. La FoUette, Dairy and Food Conunission,
12 Ja 05. p.97. Wy. Brooks, 11 Ja 05, p. 13.
b CoL Peabody. '*. . . The numerous deaths in this city alone
during the past few months, directly traceable to impurities in food
and poisonous drugs used in its preservation, appeal more strongly
than any words I can frame for immediate legislation along this line,
and I trust you will give the matter early consideration."
6 Ja OS. p. 17
c DeL Hunn. Enactment of pure food regulations recommended.
3 Ja 05, p.2i
d FUl Broward. "I desire to call your attention especially to the
recommendation of the State Chemist as to the adoption of the United
States standard of pure foods, drugs and chemicals, the enactment of
pure food laws and pure stock food laws, and would recommend the
passage of suitable laws on these subjects." 4 Ap 05, p. 46
e DL Yates. ". . . In order to carry out the work undertaken
by the State Food Department ... I would recommend that
the Lei^lature appoint two additional inspectors, who shall be dairy
experts, and who shall devote their time to looking after the dairy
interests of the state; also another assistant chemist. . ."
4 Ja 05, p.23
f DL Yates. "Your attention is called to the proposed revision or
codification of the [food] law as set forth in the appendix to the annual
report of the conmiissioner. . ." 4 Ja 05, p.23
g Ind. Durbin. '* If it is desired to establish a laboratory for analyses
looking to the enforcement of the pure food law, I believe that Indiana
. should follow the trend of recent legislation in placing this chemical
work in the 'hands of the chemist of Purdue University. . . This
plan has been adopted in Oregon, Washington, North Carolina, Ken-
tucky, North Dakota, Idaho, Wyoming and other states."
6 JaoS. p.31
h Kan. Hoch. Pure food law should be passed. 10 Ja 05, p. 20
Communicable diseases
9S6-Z020 N. Y. STATE UBRASY GOVERNORS MESSAGES I905
i Minn. Johnson. "Legislation is necessary. . . with relation
to .' . . pure food, and these laws should be framed upon the
idea of education and development rather than persecution."
4 Ja 05, p.i»
j Heb. Mickey. "The work of the Food Commission is necessarily
curtailed by reason of the fact that the law restricts inspection to
dairy products, cider and vinegar. . . At present the commission
is sustained by a system of fees collected from jobbers and retailers
of dairy, vinegar and cider products. The deputy commissioner
holds this to be an inequitable arrangement. . . It seems desir-
able, too, that the present law be broadened in its scope and made to
include all food products." 5 Ja 05, p. 15
k Or. Chamberlain. "The offices of the Dairy and Food Commis-
sioner and State Veterinarian ought to be places directly under the
control of the State Board of Health. In no other way can these
departments, which ought to act in entire harmony be brought to-
gether. As it is, I fear there is a disposition on the part of each to
act independently of the others." 11 Ja 05. p.14
m Pa. Pennjrpacker. ". . . As at present constituted, the ex-
penses of the [Dairy and Food] Division are in the main paid from
the stuns collected for fines and licenses. This is a system which
ought not to exist in connection with the work of any of the depart-
ments. . ." 3 Ja 05, p.6-7
n W. Va. White. "The recommendation made by me . . . for
the passage of a pure food law is renewed. . ." 11 Ja 05. p.53
g6x Hilk and milk products
a Wis. La FoUette. "... I recommend that the Dairy and
Food Coxmnission be provided with a force sufficient to fumi^ ade-
quate inspection for the cheese factories, creameries and city dairies
and thus put Wisconsin second to none in the quality of her dairy
products, and second to none in the protection afforded to her citi-
zens against adulterated food products." 12 Ja 05, p.98
97a Other articles of food and drink
Z004 Meats
a Okl. Ferguson. "It is . . . recommended that a law be enacted
covering . . . [sale of impure meat] and imposing a penalty that
will in the future aid in preventing this dangerous practice."
10 Ja OS, p,2i
Communicable diseases
zoao
5m also 1065. Ntusanoes; 1144* Commimicabie diseases of Mihnals
a XJ. Cutler, 10 Ja 05. p.24.
b U. S. Roosevelt. "It is desirable to enact a proper national quar-
antine law. It is most undesirable that a state should on its own
Commuiiicabla diseaetv
PUBLIC BBALTH AND SAFETY
zoa4-5z
imtiative enforce quarantine regulations which are in effect a restric-
tion upon interstate and international commerce. The question
should |m>perly be asstimed by the government alone. . ."
6 D 04, p.aa-23
Z014 Maritime quarantine
a Or. Chamberlain. ". • . I renew my recommendation of two
years ago for the abolishment of the state quarantine service at . . .
[Astoria, Gardiner, Marshfield, and Yaquina bay] because I feel that
thdr establishment and maintenance along the coast comes more
properly within the jurisdiction and control of the federal
authorities." 11 Ja 05, p.a6
b S. C. Heyward. "The Board [of Health] recommends that the
quarantine stations in the state be transferred to the United States
Public Health and Marine Hospital Service, and, for many reasons,
in this recommendation I concur." 10 Ja 05, p. 2 5
1030 Special diseases
1043 Tuberculosis
A N.J. Murphy, 10 Ja 05, p.ii-13. Wis. La PoUette, Tuberculosis
Commission, 12 Ja 05, p.91-92.
b An. Brodie. ". . . The question here is protection against
contagion which comes in the thousands of consumptives from eastern
states who yearly make the cities and towns in this territory their
abiding places. Arizona can not build a sanatorium for visitors and
wia4TitAm it, and the question nattu:ally broadens into a national one.
I would suggest that a memorial be adopted asking the general gov-
ernment to construct at some suitable place in this territory a sana-
torium idiere all persons coming here as invalids from tuberculosis
may find accommodations." 16 Ja 05, p. 14
c DeL Hunn. Establishment of state sanatorium opposed on grounds
of expense and unfavorable climatic conditions. 3 Ja 05, p. 19-20
d DL Yates. "A report submitted by the State Board of Health,
in compliance with a joint resolution of the Senate and House of the
4 1 St General Assembly, conclusively showed the advisability of the
establishment of a state hosptial for consumptives. . ."
4 Ja 05, p.2i
e Ind. Hanly. Special commission on establishment of state hos-
pital should be created. - 9 Ja 05, p. 5-6
f Wash. Mead. "... I ask you. . . to strengthen the powers
of our local and st^te boards of health, arming them with weapons to
give battle to this arch enemy of mankind [tuberculosis] . . ."
II Ja 05. p.3S
Z051 Practice of embalming and undertaking
a S. D. Herreid, State Board of Embalmers, 3 Ja 05, p.31.
fCnisances. Fires
1065-gs N. Y. STATE UBRARY GOVERNORS MESSAGES I905
Z065 Nuisances (general). Miscellaneous health regula-
tions
Z073 Expectoration
a Fla. Broward. "I especially call to your attention the State
Health Officer's recommendation in regard to prohibiting spitting on
the walls and floors of public buildings, railroad cars, other public
conveyances, and sidewalks and pavements, as a means of preventing
the spread of tuberculosis and other pulmonary diseases. . ."
4 Ap OS. p.38
Z079 Pollution of water
5«f also 93a, Public health; a66i, Sewerage
a W. Va. White, Pollution of Great Kanawha river, 11 Ja 05, p.76
b N. Y. Higgins. ". . . I recommend that the L^islature de-.
vise a system of state inspection of domestic water supplies, to be
maintained at the cost of the municipalities, corporation and private
owners affected thereby." 4 Ja 05, p. 24
c U. Cutler. **As a means of preventing typhoid fever and other
infectious diseases, a supply of pure water and the use of dry earth
closets, instead of vaults, would prove most effectual. While these
are matters properly belonging to cities, towns, and villages, yet the
State Engineer could render valuable aid in the matter of waterworks,
and increased power could be given to local health officers regarding
the prevention of soil pollution. . ." xo Ja 05, p.aS
d Vt McCullough. "In this connection I would call attention to the
general abuse of the streams of the state, by turning into them the
chemical dyes and waste material from manufactories and the sew-
age from the towns, all which could and should be taken care of by
modem disposal plants. . . Section 11 of no. 115 of the acts of
ZQoa, relating to the pollution of the sources of water supply, which
exempts Lakes Champlain and Memphremagog from its provisions
should be repealed." 6 O 04, p. 2 7-28
xo8a Signs. Advertisements
a Vt Bell. "I wotdd have a law forbidding the custom of tnaVttig
bridges and highway fences billboards for the free advertising of all
sorts of wares. . ." 6 O 04, p.4
Z090 Public safely
Protection of human life from accidents, castialties etc. 5^ also 2044. General
workshop re«:tilations
1093 Fires
See also 1893, Forest fires
1093 Fire marshalB. Inspection
a Ind. Durbin. *' I renew my recommendation of two years ago that
there be enacted a fire marshal law, similar to that in operation in the
state of Massachusetts. . ." 6 Ja 05, p.33
BoydingB. Floods
PUBLIC HEALTH AND SAFETY Z093-XZX3
b Kan. Hoch. **The State Superintendent . . . follows the ex-
ample of Hs predecessor in recommending the creation of . . •
State Fire Marshal. . . It is said that in Massachusetts, for instance,
it has been definitely ascertained that more than one third of all the
losses from fire are from incendiarism, and that the fire marshal of
that state has reduced the incendiary losses from ^4% to less than $%
... I sho\ild wish, however, that this legislation might be supple-
mented by some law which would prevent the insurance companies
from reaping all the benefits of the losses thus saved at state
expense. . . " lo Ja 05, p. 18
c Mich. Bliss. Recommendation renewed for a state fire marshal
system, subordinate to the Department of Insurance. 5 Ja 05, p.34
Z099 Biiildings: sanitation and safety
Scv also ao44. General workshop regulations; aajs, Schools
a U. S. Roosevelt. ''Several considerations suggest the need for a
systematic investigation into and improvement of housing conditions
in Washington. The hidden residential alleys are breeding grounds
of vice and disease, and should be opened into minor streets.
A special 'commission on housing and health conditions in the national
capital' would not only bring about the reformation of existing evils,
but would also formulate an appropriate building code to protect the
city from mammoth brick tenements and other evils whidh threaten
to develop here as they have in other cities. . ." 6 D 04, p. 13
iizo Tenement houses
a N. J. Murphy. "Hardly second in importance to any law that has
been recently passed is that providingfor a tenement house commission,
with power to regulate the construction of new tenement houses, and
to require that those existing at present shall be modified, so as (at
least) to come within certain reasonable requirements as to Hght and
air. . ." 10 Jaos, p.is
b N. Y. Higgins. "The Court of Appeals has finally upheld the con-
stitutionality of the only part of the tenement house law of 190 1
which has been contested in the courts. . ." 4 Ja 05, p. 2 7
ZZ13 Floods
a CaL Pardee. "One of the matters of greatest magnitude which
the Legislature will be called upon to consider is that of control of the
floods of the Sacramento river and its tributaries and the reclamation
of the basin lands. . . The previously gradual development of
this sentiment received a great impetus from the disasters of last
spring. . . Out of this movement . . . came the employ-
ment ... of ... a board to study the whole problem,
and report a plan of relief. The report, which has recently been sub-
mitted, is an able document, and shows great boldness in its concep-
tion of a system of control of the rivers. . ." 2 Ja 05, p.48
Diaeaaesof animals
ZZa4-44 ^' Y* STATE LIBRARY GOVERNORS MESSAGBB I905
ZZ34 Miscellaneous
zzaS Boilen and engineen
a Ifllch. Bliss. Legislation recommended, making provision for in-
spection of steam boilers and examination and licensing of stationary
engineers. S Ja 05, p.aj
ZZ39 Steamboats. Vessels
Se€ also xiaS. Boilers; x8oo, Navigation
a R. L Utter, 5 Ja 05, p. 12-13.
ZZ44 Communicable diseases of flnttrmlg
a ArL Brodie, Livestock Sanitary Board, 16 Ja 05, p. 20. DL Yates,
4 JaoS, p. 25. N. M. Otero, 16 Ja 05, p.33. OkL Ferguson, 10 Ja 05,
p. 20. S. D. Herreid, 3 Ja 05, p.32. Tez. Lanham, 12 Ja 05, p.Z4.
Wy. Brooks, 11 Ja 05, p. 14, 20-21.
b Id. Gooding. *'. . . In the last few years a disease known as
mange has spread very rapidly among our horses and cattle and tmless
something is done to eradicate it, there is danger of great loss to our
cattle and horse interests. . . I am forced to the conclusion that
the best interests of the great livestock industry of Idaho, as well as
economy, demands that the law creating the office of sheep inspector
be repealed and the office of State Veterinarian created, with control
over all contagious diseases among domestic animals."
5 Ja OS, p. 17-18
c Kan. Hoch. "There appears to be a great diversity of views
among stockmen as to the practical value to the state, or to their in-
terests particularly, of this [Live Stock Sanitary] Board. It seems
to be pretty generally agreed among cattlemen that the inspection
fees are no longer of value and should be discarded, as it is said that
these fees are generally paid without any real inspection service. . . '*
lojaos, p.17
d Nev. Sparks. "It is absolutely necessary that this state should
have a state veterinarian. . ." 16 Ja 05, p.z6
e N. D. Sarles. "Attention is called to . . . the last annual
report of the Chief State Veterinarian, in which a change in the sys-
tem of state control of animal diseases is suggested. . . It is evi-
dent that under the present conditions the efficiency of district vet-
erinarians is much impaired, while the arrangement by which the pxo-
fessor of veterinary science of the Agricultural College is made Chief
State Veterinarian is such as to demand more time than can possibly
be expected from one man. . ." 4 Ja 05, p.8-9
f N.D.White. " During the past year an epidemic of scab or mange
in cattle has prevailed over a large part of the western half of the
state. . . I desire to call your attention to the report of the State
Veterinarian, who has made some very important recommendations
upon this subject. . ." 4 Ja 05, p. 19— 20
CONTROL OF WATERS
g Or. Chamberlain. "The offices of Dairy and Food Commissioner
and State Veterinarian ought to be placed directly tmder the control
of the State Board of Health. . ." ^i Ja 05, p.14
h S. D. Elrod. "A law should be enacted whereby the disease known
as 'cattle mange' may be checked and cured. . . It is our judg-
ment that each township should be required to put in a dipping plant,
when ordered to do so by the Board of County Conunissioners, and
that the same be under control of the supervisors of the town, and
that each person who has cattle or sheep should be required to dip the
same in the presence of a member of said board as often as is deemed
advisable. . ." 3 Ja 05, p.s
i Vt BeU. ". . . I would advise enlarging the power of the
[Cattle] Commission and the establishing of some date after which the
state shall cease to be responsible for nearly the full value of diseased
animals." 6 O 04, p.7
ZZ46 Quarantine
a OkL Ferguson. "The territory has a good quarantine law. It
should ... be extended, strengthened and more ample pro-
visions made for its enforcement. . ." 10 Ja 05, p.7
ZZ5Z Special diseaaes
ZZ55 Glanden. Farcy
a S. D. Herreid. *'. . . A glandered horse is not only a source
of great danger to the owner, but utterly without value. The owner
may at the expense of the state have such diseased animal examined
by the Veterinary Surgeon, but it is not quite clear why the state
should pay for an animal that is utterly worthless. . ."
3 Ja 05, p.35
Z169 Special animals
ZZ77 Sheep
a U. Cutler, State Board of Sheep Commissioners, 10 Ja 05, p.36.
"*» Control of waters
Set also 11x3. Floods; 1384. Canals; X393* Bridges; xSoo, Navigation
a P«. Pennypacker. '*It is high time that attention be given to
the preservation of our streams. . . In western Asia are vast
lands where once were teeming civilizations now barren wastes, be-
cause the people did not understand how to take care of their water
supplies. . . They are . . . being seized upon by those who
hope to make them commercially profitable, and in some instances
the waters are being diverted from their channels. . . Probably
nine tenths of the charters for water companies which have come be-
fore me in the last two years have been instances in iivhich the parties
securing the grants had no intention of supplying water to consumers,
ZZ44-80
Irrigation
ZZ80-83 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
but sought to get privileges which would be available in the market. . .**
3 Ja OS, P.14-1S
b Vt McCullough. ". . . Water by the law of nature must, of
necessity, be common to all. . . The distribution of electricity to
points far distant from the place of its generation, opens up vast
possibilities in the utilization of water power. Massachu-
setts, with not quite one sixth the area of New York, has, under its
enlightened policy, developed 187,000 water horse power as against
New York's 220,000 (excluding Niagara). And this she has done
by utilizing the power by means of immense dams on the Connec-
ticut at Holyoke and Turners FaUs, and by a S3rstempf canals afford-
ing a succession of mill sites. The same policy has been followed on
the tributaries of the Connecticut and on all the power-producixig
streams of th^ state. Vermont should obtain a similar return from
her streams. Let a commission be appointed, to act with-
out compensation, which shall adopt a plan covering the entire state
for the preservation and utilization of its water powers, for the con-
struction of reservoirs and reserve ponds on the streams, for the
regulation of the flow and use of the water and for its protection from
waste." 6 O 04, p.25'-a6
c Wis. La FoUette. Special message relative to franchises to dam
navigable streams. 12 Ap 05, 8 p.
ZZ83 Irrigation. Water rights in arid states
a ArL Brodie, 16 Ja 05, p. 2. CoL Peabody, Kansas-Colorado water
suit, 6 Ja 05, p.6. Kan. Hoch, 10 Ja 05, p.5. Men.. Toole, the
Carpy Land Board, 2 Ja 05, p.7. Ifeb. Mickey, $ Ja 0$, p. 16.
H. M. Otero, 16 Ja 05, p.20-22. N. D. White, 4 Ja 05, p.2o-ai.
U. S. Roosevelt, 6 D 04, p. 16. U. Cutler, 10 Ja oS, p.a7"3i.
Wy. Brooks, 11 Ja 05, p.21.
b Id. Gooding. ". . . Under the present law permitting water
to be appropriated for power purposes, valuable power and dam
sites are tied up for a long time. Instances have come to my know-
ledge where the same person has located several such water rights
thereby securing control of the dam and power sites, evidently for
speculative purposes and not for immediate development. I would
recommend that the present law be amended so that in the future,
before permits can be granted for diverting water for large power
and irrigation plants, a good and sufficient bond be executed by the
state for the faithful completion of the proposed works, and requir-
ing work to begin within six months from date of location and to be
prosecuted steadily until the works shall be completed."
5 Ja OS. p. IS
c Id. Gooding. "It is very tmfortunate that that portion of the
irrigation bill passed two years ago providing for the summary ad-
judication of water rights, was imconstitutional. . , It will there-
fore be necessary for a law to be passed providing for a simple, speedy
and economical adjudication of all the water rights in our state. . .
Iniffttion
CONTROL OF WATERS IXgj
Another important feature is that of making final proofs on
water rights after the present water rights shall have been adjudicated.
When these two questions are properly settled, with a few amend-
ments to the present law, I see no reason why the chain of title to
water rights should not be as simple and as perfect as that to our
lands." 5 Ja oS, p.i6
Her. Sparks. ". . . The question of individual appropriation
seems to be the greatest obstruction to the successful adoption of the
water stors^e systems throughout the state. Notwithstanding the
courts have declared that water must be used for beneficial purposes,
many appropriators act upon the theory that they are entitled to all
that their ditches will carry, no matter how wasteful it may be used
or who may suffer thereby. The law, as it now stands, provides
for the appointment of Water Commissioners to make apportionment
of streams according to list of priorities recorded, etc. Aggrieved
parties have the right of adjudication by the courts, but court pro-
cedure is a very long, tedious and expensive method. The govern-
ment system of irrrigation and distribution of water, as now con-
templated, will give demonstration to the most economical use of
water for irrigation purposes yet devised, and if this system shall
become the law in a form not to encroach upon acquired rights
and the necessities of prior appropriators, it will prove to be a
benefaction of the greatest importance to the state at large."
i6 Ja OS, p.4
9. K. Otero. "... In order that this important question be
dealt with in the most equitable and satisfactory manner, it is but
proper that the Legislature enact a general law xxpon the subject of
irrigation and water rights. Such codes are now in force, and are
operating to the general advantage of the people in California, Colo-
rado, Wyoming Lnd other western states. An act of this kind should
include a provision for the creation of an office to be known as that
of the territorial engineer, who should have among other powers that
of supervising the eqtiitable distribution of waters already appro-
priated. . ." i6 Ja oS, p.2o
9. D. Sarles. ". . . In the past year it seemed wise to my
predecessor to appoint a state irrigation engineer, to work with the
govermnent engineers and discover places where irrigation would be
practicable and of beneficial effect. . . The moneys necessary to
defray the salary and expenses of the irrigation engineer were ad-
vanced by public-spirited citizens and I suggest that they be reim-
bursed from the state treasury, and that the moneys advanced by
counties be also returned. I would recommend also that you con-
sider the wisdom of creating the office of state irrigation engineer as a
permanent officer of the state government. . . I would further
recommend that you consider the irrigation laws of other states, with
a view to enacting such legislation as will enable this state to cooperate
most effectively with the national government in the creation and
maintenance of irrigation works." 4 Ja 05, p.io
Irrigatioii
Z 183-89 N. Y. STATE LIBRARY GOVERNORS MESSAGES I9O5
g Or. Chamberlain. "It is to be hoped that the committee ap-
pointed in pursuance of a resolution adopted at the last session will
■ present to you a report of their work, with a bill for the regulation of
riparian and water rights. . ." n Ja 05, p.50
h U. Cutler. "Chapter 59, laws of Utah, 1 901, authorizes the State
Board of Land Commissioners to construct reservoirs for supplying^
water to state lands. . . I would suggest the advisability of
additional legislation, authorizing the State Board of Land Com-
missioners to construct reservoirs . . . whether the water is to
be applied to state lands or not. In cases where the water is to be
applied to private lands, it could be sold at cost and paid for in zo
annual payments, or such ntunber as you may decide upon, and the
proceeds applied to the construction of more reservoirs, somewhat
on the plan outlined in the Government reclamation act."
10 JaoS. p.32-33
1 Wash. McBride. ". . . Some time ago it was suggested to
me by officials of the United States reclamation service that under
our laws, as they now are, it would not be feasible to xmdertake any
irrigation project in this state. I was also requested by various
boards of trade and chambers of commerce, and persons interested
in irrigation, to appoint an 'irrigation commission' to study the
question. . . After careful consideration, I concluded to appoint
an irrigation commission for the purpose of investigating the subject
of irrigation. . ." iijaos, p.n
J Wash. Mead. "I would recommend to your . . . consider-
ation the report ... of the Irrigation Commission appointed by
. . . Governor McBride. . .*' ixjaos, p.30
k Wy. Brooks. ''The recent decision of our Supreme Court, holding
water rights transferable, renders it necessary for this Legislature to
enact laws preventing indiscriminate transfers." 11 Ja 05, p.x i— xa
ZZ89 Artesian wells
a Nev. Sparks. *'. . . There are several counties in the state
which have not been favored with surface water. . . Counties
so situated should have encouragement in the reclamation of such
lands by government aid in boring for artesian water. It has been
demonstrated in many places that strong flows of artesian water have
been obtained at depths of from 150 to 500 feet. . .**
16 JaoS. p. 16
b N. M. Otero. "Complaint has been made to the effect that many
wells in the artesian districts of this territory, are permitted to flow
continuously, thus causing great waste and endangering the futuxv
permanency of the artesian flow. . ." 16 Ja 05, p. 2 2
c U. Cutler. "The experiment in sinking artesian wells, under the
provision made by the fourth session of the Legislature, has not proved
very satisfactory. It is questionable if the experiment should be
continued. " 10 Ja 05 , p. 1 2
Drtdnagp, Springi
CONTROL OF WATERS ZXP^-gP
iiga I>raiiis. Dikes. Levees
5#r aUo 1x83. Irrigation; 965 x« Sewerage; 9730, Roads
a Kan. Hoch. "The subject of dykes and drainage will doubtless
be presented for your consideration. . . Under present statutes,
the local restrictions are so great that it is practically impossible for
farmers in the lowlands and valleys, subject to inundation, to get
relief without additional legislation. . . Missouri, Iowa, Illinois,
New York and perhaps other states have laws upon this subject which
you may examine with profit." 10 Ja 05, P.14-1S
b 9. 1>. Sarles. ". . . It seems to me the present [drainage] law
is cumbersome and the construction of drains thereunder more ex-
pensive than is necessary. Nor are the interests of the owners of
lands affected by drains as carefully protected as I believe they should
be. . ." 4jaoS. p.9
1195 State ditches
m IGiin. Van Sant. "In 1901, by act of the Legislature the present
drainage law became effective and $50,000 was appropriated to be
used for the purpose stated in the act. . . It has been the pur-
pose at all times of the Drainage Board to locate the ditches where
the most benefit wotdd accrue to the lands belonging to the state.
The work has been of great benefit and has reclaimed thousands of
acres and added value to the land adjacent far in excess of the cost of
doing the work." 4 Ja 05, p.26
b KmL Johnson. "Vast tracts of land located largely in the
northern part of the state are at present a useless waste, because they
are k>w, wet and tmtillable. . . I urge upon your consideration
the enactment of a law having for its purpose the drainage of this land •
under state supervision. To do this I would recommend the estab-
lishment of a revolving fund from which the expense providing for
this improvement may be met, the money thus expended to be re-
turned to this fimd in deferred pa3rment without interest, from taxes
levied upon and collected from the lands benefited. . . The fact
that such a revolving fund would be kept intact would permit of a
more rapid development of the drainage system and would relieve the
Legislature of future appropriations for drainage purposes. I
deem it my duty also to call your attention to the national swamp land
grant by which thousands of acres of swamp land were deeded to the
state with the tinderstanding and consideration that these lands were
to be drained by the state. . ." 4 Ja 05, p. 12-13
1199 Hot springs. Mineral waters
a W. Va. White, Berkeley Springs Board, u Ja 05, p. 63-64. Wy.
Brooks, Thermopc»lis Hot Springs, iz Ja 05, p.19.
RateB
zaoo-za N. Y. state library governors messages 1905
1200 Transportation and communication
See also 1800, Navigation
Z304 Rates. Discrimination
a U. S. Roosevelt, 6 D 04, p.9-10.
zaza Rates (general)
a Mass. Douglas, 5 Ja 05, P.3S-36.
b Mich. Warner. "Underexistingstatutes the rate per mile charged
by railroad companies for passenger transportation is limited by thetr
respective passenger earnings. . . In the case of the Grand Rapids
& Indiana Railroad, the company continued to collect 3c per mile
for more than three years, by holding the cases in the courts for th&t
length of time. During these years the company collected for pas-
senger service at the rate of 3c per mile more than $80,000 per year
in excess of what it would have collected at 2ic per mile, the ne^r
rate as fixed by law. It will thus be seen that the company made
a net profit of practically $240,000 by holding the matter in the courts
as long as possible. . . While the right of appeal to the courts
can not and should not be denied the railroad companies in these
matters, yet I believe that such litigation could be practically averted,
at least that it would cease to be encouraged, if a law were enacted
providing that whenever the courts did not sustain the appeal of tbe
railroad companies in such cases, said companies should return to tbe
state treasury an amotmt equal to twice the excess of passenger fares
collected during the pending of the cases in court." 5 Ja 05, p.ft-^
c Ifinn. Van Sant. "... I trust that you will pass a law to
prevent the raising of freight rates without first giving notice to our
commission and securing their consent." 4 Ja 05, p.34
d Minn. Johnson. ". . . The railway and warehouse oonunis*
sion is now clothed with proper legal authority to establish fair and
equitable rates. That this has not been done is because of a lack
of aggressive administration rather than to a lack of legal authority.
I would, therefore, recommend the appointment by you of a joint
legislative committee to make a full and complete investigation of
the prevailing rates of transportation within this state with a view of
establishing by law a maximum tariff rate for transportation within
this state which shall be based upon a reasonable rate of interest and
profit on the investment, and which will be fair to all parts of the
state, and absolutely prohibit an unjust discrimination bet^reen
localities or individuals." 4 Ja 05, p.9— 10
e U. S. Roosevelt. *'. . . In my judgment the most important
legislative act now needed as regards the regulation of corporations
is this act to confer on the Interstate Commerce Conmiission the
power to revise rates and regulations, the revised rate to at once go
into effect, and to stay in effect unless and until the court of review
reverses it." 6 D 04, p. 10
Panes
TRANSPORTATION 1327-58
1227 Passenger rates
1237 Passes. Franks
a Ind. Hanly. ". . . The officials of the various municipalities
and counties, and the officials of the state, constitute the jury before
whom are brought countless grave and important interests, upon the
one side of which are the corporations and upon the other side of
which are the people. For this reason such officials have no right to
use or accept substantial and continuing favors from the corpora-
tions during their terms of service. . . Reduced to their last
analysis, such favors are petty bribes. . . I submit for your
oonaderation the enactment of a statute that will prohibit the giving
of free transportation or of the franking privilege to any official,
municipal, county or state, by any person or corporation or the
acceptance of any such favor by any such officer, either directly or
indirectly, under such penalties as shall insure its observance. The
inhibition should also include telegraph and express company
franks. . ." 9 Ja 05, p.22-23
b Minn. Johnson. ". . . I am not among those who believe
that the giving or accepting of a free railroad pass or a frank is in-
tended in any way as a bribe, and yet the mere acceptance of the
courtesy necessarily places the recipient under some slight measure of
obligation to the corporation. . . All corporations do business
on an earning basis, and every free pass or favor granted by a cor-
poration, is of necessity, paid for by the class of citizens who do not
come within the favor of the corporation. . . I would urge the
adoption of a law which will abolish the pass system in this state. . ."
4 Jao5,p.ii
c Mo. Folk. "In investigating legislative corruption, it has been
my experience that the first step a legislator takes toward bribery,
as a rule, is the acceptance of a railroad pass. The Constitution of
the state and the statute make it a misdemeanor for a legislator to
accept a pass, and for any one to give a legislator free trans-
portation. . .** 9 Ja 05, p.8
d Tex. Lanham. "The demand [of the democratic platform] for
the enactment of a stringent and effective antifree pass law is plain,
positive and emphatic. . . It contemplates no exceptions aside
from bona fide owners, officers or employees. . ." 12 Ja 05, p.io
e Wis. La FoUette. ". . . The provisions of law should be so
far reaching as to absolutely bar the use of passes or privileges extended
by these corporations to public officers, whether under the guise of
services to be performed or for services actually performed. . ."
12 Ja 05, p.66
1238 Race distinction
a W. Va. White. "West Virginia has never tolerated or encouraged
the adoption of any law abridging the rights of any of its citizens on
account of race, condition or color. . . Any attempt by railroad
RailwayB
1240-67 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
companies to create separate waiting rooms for different races at
public depots should also be prohibited. All decent, respectable,
law-abiding, sober citizens are entitled to fair consideration and equal
privileges by transportation companies, and their rights should be
safeguarded." 11 Ja 05, p.8o
1240 Miscellaneous. Common carriers
1240 Prompt shipment
a Mich. Warner. " Maniif acturers and jobbers, and shippers gen-
erally, complain of unnecessary delay in the handling of freights by
the railroads, both in car lots and less than car lots. These com-
plaints are sufficiently numerous, and the losses involved are suffi-
ciently great, to deserve your careful consideration. . ."
5 Ja OS, p.9
Z267 Railways. Car companies. Express
Se0 also 500, Corporations; 841. 845, Taxation; 3040, Labor. Chiefly steam roads
but many of the general laws and special provisions include all kinds of railways.
a Hev. Sparks, x6 Ja 05, P.14-1S. S. C. Heyward, 10 Ja 0$, p.26.
S. D. Elrod, 3 Ja 05, p.9. S. D. Herreid, Railroad Comniisstoii.
3 Ja 05. P-2 7. Tex. Lanham, 12 Ja 05, p. 19.
b Fla. Broward. "I recommend that a constitutional amendment
be submitted to the people, making the Railroad Conunission a con-
stitutional branch of the state government." 4 Ap 05, p.40
c Ind. Durbin. "The present General Assembly will be asked to
enact a law creating a railroad commission. . . A measure that
takes into account the interests of all concerned would doubtless be of
great public benefit. . ." 6jao5, p.31
d Ind. Hanly. Urgent need of state railroad commission. *'. . .
Such commission should have power, not only to decide that an
existing rate is illegal and unjust, but it should also be given authority
to determine what would be a legal and just rate and to declare tha
same. And the rate, when so fixed by the commission, should stand
imtil reversed by the judgment of some appellate tribunal to which
the right of appeal should be provided for. . ." 9 Ja 05, p. 17-19
e Kan. Hoch. ". . . Our . . . state railroad law should be
amended in several particulars, enlarging the authority of the board,
so as to g^ve them more jurisdiction in some cases, and greater power
to enforce their mandates. . . " 10 Ja 05, p. 13
f Minn. Johnson. ". . . I would urge the passage of a biD,
which would authorize the State Board of Railway and Warehouse
Commissioners to represent any individual complaint before the
Interstate Commerce Commission when in the judgment of said
Board of Railway and Warehouse Commissioners the grievance of the
complainant is a just one." 4 Ja 05, p.xo
TRANSPORTATION
1^ Mon. Toole. A railroad commission should be created with ade-
quate powers to regulate rates withia the state, and to prevent dis-
crimination in charges or facilities for transportation. 2 Ja 05, p.4
tk Pa. Pennypacker. ". . . All corporations, before they can be
chartered, are required to give notice by advertisement of their
applications, except railroad and street railway companies. It would
seem to be specially important that these companies should give such
notice. . . It has become a custom, more or less prevalent, to
secure charters upon obscure streets and reach the main avenues by
means of this privilege of extension, which is entirely within the
control of the companies and is subject to no supervision. If a rail-
road be incorporated 20 miles in length it must, xmdcr the act of
April 4th, 1868, have a capital stock of $10,000 per mile. If it be
incorporated with a length of 5 miles and then be extended to 20
miles, under the act of May 21, 1881, it is only required to have a
capital stock of $5000 per mile. . ." 3 Ja 05, p. 10
i Vt McCullough. '*. . . In my judgment, the functions of this
commission [railroad] should be advisory, rather than mandatory,
in the interest both of the general public and of the railroads."
6 O 04, p.17
j Wash. McBride. ". . . Sentiment is now almost unanimous in
favor of the passage of a railway commission bill. . . What is
needed is a regulative, appointive railway commission clothed with
ample power to remedy abuses. . ." . 11 Ja 05, p.ia
k Wash. Mead. '*I recommend the enactment of a law establishing
a railway and transportation commission. . . A difference of
opinion exists . . . concerning the constitutional right of the
Legislature ... to empower such a commission with the
authority to establish maximum rates for transportation of passengers
and freight, and with power to correct abuses and prevent discrimina-
tion in freight and passenger tariffs. . ." 11 Ja 05, p. 15-16
m W. Va. White, Recommendations renewed in regard to correction
of railroad abuses and creation of railroad commission.
II JaoS,p.8i-8s
n Wis. La FoUette. State control of railway services and railway
rates. 12 Ja 05, p.2S-66
1368 Corporate organization and power
Sm Z367
137a ConaoHdation, sale, lease
a Minn. Van Sant. Northern Security Co. ''In 1903 the Legisla-
ture x>assed chapter 86, which prohibits the control of parallel and
competing lines of railway by stock ownership. In case any effort
is made to control the Great Northern and Northern Pacific railway
companies through a stock ownership in individuals, or tmder any
agreement so that free and open competition is interfered with, the
Haitways
xa79-z30z
N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
state shotild take action under that law, so as to prevent any such
control or unity of interest. . . Legislation is needed which will
enable the state to secure jurisdiction over foreign corporations like
the Northern Securities Company, which are seeking to evade or
violate the laws of this state, by remaining outside the jurisdiction
of the state but acquiring the stock of domestic corporations, and
exercising all the powers of' such stock ownership outside the borders
of the state. . ." 4 Ja 05, p.31-39
Z379 Stocks, bonds, mortgages
a Tex. Lanham. "The stock and bond law was approved April 8,
1^93, giving the Railroad Commission authority to supervise the
issuance and registration of stock and bonds of railroad companies.
It will be seen by reference to table no. 3 of the 13th annual report of
the commission that the average amount of outstanding stock and
bonds per mile of railroad has been gradually decreased since tho
commission began its supervision. . .** 12 Ja 05, p.ao
b Wis. La FpUette. Special message recommending regulations to
prevent overcapitalization of steam and electric roads. 6 Je 05, 7 p.
za8a Public aid. Exemptions. Subscription to stock
a An. Brodie. Method of encouraging building of railroads by
exemptions from taxation should be discontinued. 16 Ja 05, p.6
b Id. Gooding. "To me, over Idaho's future greatness there hangs
but one shadow, and that is the lack of proper communication between
the northern and southern portions of our state. . . The building
of a north and south railroad means so much for better relationship
between the north and the south and the development of the interior
of our great commonwealth, that in my judgment you are warranted
in giving the people of Idaho an opportunity to amend the Constitu-
tion, so that they can give this great public necessity such encourage-
ment as is thought best. . ." 5 Ja 05, p. 5-6
Z397 Eminent domain. Damages
a Pa. Pennypacker. "In my inaugural address of January 20, 1903,
and in my message giving the objections to the act authorizing rail-
roads to take dwellings by condemnation proceedings [see address,
p. 3, and vetoes, p. 12 5], I called attention to the principle that only
public necessity could justify the taking of private property by eminent
domain, and suggested the propriety of the ascertainment by the state
of such need before any franchise is granted including this right. . . I
renew the suggestion. . ." 3 Ja 05, p. 11
130Z Traffic regulations
a Fla. Broward. "I . . . recommend that the Railroad Com-
missioners be required to investigate the sufficiency and fitness of
cars for the safe and comfortable transportation of passengers, and
for the safe and expeditious transportation of freight. And that tha
Railwayi
^ TRANSPORTATION Z3OI-14
Railxoad Coimnissioners he empowered to . . . enforce reasonable
regulations requiring railroads to . . . maintain depots. . ."
4 Ap OS, p.40
b Vt. Bell. "It would now seem advisable to . . . provide that
in the cases where competing lines are so seriously at variance that
there is no hox^e for reasonable results, the [Railroad] Commission
have the power to step in and take some action to prevent further
inconvenience to the traveling public." 6 O 04, p. 7
1314 Safety regulations
See also 1x28, Boilers and eosineen
a FUl Broward. "I . . . recommend that the State Board of
Health be empowered to make rules and regulations for the mainte-
nance of proper sanitary conditions in railroad depots and passenger
cars, and provide for their inspection. . ." 4 Ap 05, p.39
b FUl. Broward. "I recommend that a law be enacted, empowering
the Railroad Commission to employ a competent civil engineer, when-
ever, in their judgment, they deem it necessary, to inspect the railroad
roadbeds, tracks, and condition of rolling stock . . . and that
they be empowered . . . ^ make rules which shall require that
the roadbeds, tracks and rolling stock be maintained in . . . safe
condition. . ." 4 Ap 05, p.40
e FUl Broward. "I recommend that the Railroad Commission be
empowered to ascertain by such investigation as may be necessary,
the safest switching device for use on railroads, and that they be
empowered to require the use of such switch as they may determine,
by the railroads operating in this state." 4 Ap 05, p.4r
d n. S. Roosevelt. "The ever increasing casualty list upon our
railroads is a matter of grave public concern, and urgently calls for
action by the Congress. . . The passage of a law requiring the
adoption of a block signal system has been proposed to the Congress.
I earnestly concur in that recommendation, and would also point out
to the Congress the urgent need of legislation in the interest of the
public safety limiting the hours of labor for railroad employees in
train service upon railroads engaged in interstate commerce, and
providing that only trained and experienced persons be employed in
positions of responsibility connected with the operation of trains. . .
The law of 1901, requiring interstate railroads to make monthly re-
ports of all accidents to passengers and employees on duty, should
also be amended so as to empower the government to make a per-
sonal investigation, through proper officers, of all accidents involving
loss of life which seem to require investigation, with a requirement
that the results of such investigation be made public. The safety
appliance law, as amended by the act of March 2, 1903, has proved
beneficic^ to railway employees, and in order that its provisions may
be properly carried out, the force of inspectors provided for by appro-
priation should be largely increased. . ." 6 D 04, p.4
Street^ailways
1314-37 N. Y. STATE LIBRARY GOVERNORS . MESSAGES I905
e Wis. La FoUette. **. . . Protection from danger to life and
limb of travelers and trainmen on railway cars should be safeguarded
by the use of every modem appliance known to be efficient for that
purpose. . . No invention has done more to lessen the number of
collisions and consequent loss of life than the automatic block signal
system. . . This system is in partial use on most of the leading
lines and its compulsory adoption upon all would go far to minimize
the dangers of travel by rail. . . Provision should be made by
law, as has been done in a number of the states, to compel the use of
the power or driver brakes on all engines, and train or air brakes on
all cars. . . provision should be made for frequent tests and for
regular examinations of air chambers and valves. . . An automatic
safety coupler has been invented. . . The use of this should be
compelled by the Legislature. . . Provision should also be made
for a uniform hight of draw bars for convenience in making up trains.
For the safety of train men, provision should be made by law for grab
irons or hand holds on the ends and sides of all freight cars and on
the roof of all box cars. It has been prescribed by law in the state
of Michigan that whenever there shall be above or across any of the
tracks of any railroad, a bridge, crossing, viaduct or other structure
or obstruction at a hight of less than 7 feet above the roof of any
freight car, safety guards consisting of pendent straps or lines be
suspended above the track as designated by the Railroad Commis-
sioner. . . It ought to be required by law in this state. . . Some
provision ought to be made for the proper inspection of railroad
appliances. . .** la Ja 05, P.6S-70
f Wis. La Follette. Special message in regard to railroad accidents.
20 Ap OS, 8p.
23x5 Accidents. Liability
See also 2x25. Employer's liability
a Fla. Broward. "I . . . recommend that a law be enacted
providing for investigation by a competent civil engineer, under the
direction of the Railroad Commission, of the causes of all accidents on
any of the railroads in this state. . . That it shall be the duly of
the general manager or superintendent of such railroad to inform the
Railroad Commission of all such accidents immediately after their
occurrence. . ." 4 Ap 05, P.40-4X
X337 Street railways
See also 500, Coiporations; 841, 845, Taxation; 3040, Labor
a ni. Yates. "The Railroad and Warehouse Commission recommend
. . . the passage of such legislation as will clearly and positively
define the jurisdiction of that commission over electric railway lines
in this state. . ." 4 J& 05, p.35
b Minn. Johnson. Electric railways should be subject to control of
Railway and Warehouse Commissioners. 4 Ja 0$, p.xo
Canala. Bridget
TRANSPORTATION 1337-^3
c Vt. McCullough. ". . . Recommendations [of the Board of
Railroad Commissioners] as to the supervision ot the electric systems
of the state are especially worthy of your earnest consideration."
6 O 04, p.17
X370 Guards. Brakes
a ArL Brodie. ". . . I . . . recommend that the owner ■
. . . operators of trolley lines be compelled to furnish each car
with life-saving fenders.** 16 Ja 05, p.i6
X384 Canals
a H. Y. Higgins, 4 Ja 05, p. 13-14. Or. Chamberlain, 11 Ja 05, p.44-48.
Or. Chamberlain, canal and locks at Willamette Falls, iz Ja 05,
p.48-49'
b in. Yates. "The affairs of the Illinois and Michigan canal are in a
critical condition. Its revenues are insufficient for its maintenance
and operation, and the courts of our state have decided that the
Legislature is without the power to levy taxes to provide funds for its
use. A few years hence and the canal can not only be made self-
supporting, but a means of revenue to the state. . . I have, in pre-
vious messages, called attention to the great value of the old canal to
the state, even though it has ceased to be self-supporting, and have
advocated its maintenance, if possible, until the larger and more
useful channel contemplated by the federal government shall have
been completed. . ." 4 Ja 05, p.33
c H. Y. Higgins. ". . . The Black river canal from BoonviUe
north is now practically an abandoned waterway, serving no useful
purpose except to those employed to manage it under the constitu-
tional mandate above referred to. I therefore recommend that so
much of said canal be leased, sold or otherwise disposed of, and that
the question be submitted to the people for their determination.**
4 Ja OS. p.14
d Pa, Pennypacker. ". . . All the great power and influence of
the commonwealth and her representatives in national affairs, finan-
cial and political, should be exerted to secure the deepening of the
channel of the Delaware and if need be in addition to dig a ship canal
across New Jersey direct to the ocean.** 3 Ja 05, p.14
i3g3 Bridges. Tunnels
Sm also 9700
a Pa, Pennypacker. "With respect to the rebuilding of county
bridges, I recommend that the amount to be expended each year
for this purpose be fixed at such a figure as may seem to the Legisla-
ture to be wise. . . If a certain proportion of the cost of construc-
tion of these bridges were left to the counties instead of the whole
burden being imposed upon the state, they would have a substantial
Adulterations
1405-93
N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
interest, not only in making effort to save the bridges from destruction »
but also in the preservation of such of the material as could be utilized."
3 JaoS.p.a
Z405 Safety regulations
a W. Va. White. "The recent disaster in the city of Charleston,
occasioned by the collapse of a public bridge, has called attention to
the need of some regulation or law requiring the annual inspection of
all public highway bridges and their prompt closing, when imsafe.'* .
xijaos, p.7S
Z4TZ Telegraph and telephone
S4§ also 500, Corporations; 841* 845, Taxation: 2040. Labor
a Kan. Hoch. Powers of Railroad Commission should be extended
to telegraph and telephone companies. zo Ja 05, p.13
b Ifinn. Johnson. Telegraph and telephone companies should be
subject to control of Railway and Warehouse CommissionerB.
4jaoS.p.io
c S. D. Elrod. "The tolls charged by telegraph and telephone com-
panies are too high and the service is not always the most satisfactory.
They should pay a just and equitable tax." 3 Ja 05, p.4
1422
1435
1426
Commerce and Industry (General)
Weights and measures
Sealers. Public scales. Standards
a U. Cutler. "Regarding the law regulating the testing and sealing
of weights and measures, the Auditor states that there is not a county
in the state in which the provisions of this important law are carried
out. Either the act should be repealed, or it should be made eflfective
by an amendment making it the duty of the various county boards
to see that standards are provided and properly tested, and making
it obligatory upon the owners of weights, measures, scales, and beams,
to have them tested and sealed by the county sealer." 10 Ja oS, p.8
b W. Va. White. "Two years ago I called the attention of the leg-
islature to the need of enacting some legislation on the subject of
weights and measures. . . No action was taken, and there has
been no supervision by the state of the weights and measures used
throughout the state. . ." 11 Ja 05, p.6x
Z464 Adulteration and imitation. Branding. Inspection
See also 956, Adulterations liable to affect public health
Z493 Petroleum products
a Ind. Durbin, Oil Inspection Bureau, 6 Ja 05, p.41. Heb. Mickey,
5 Ja 05, p.is-16. Okl. Ferguson, 10 Ja 05, p.19. Wis. La Pollette,
inspection of illuminating oils, 12 Ja 05, p. 103.
WarehousM^ TimdM
COMMBRCB AND INDUSTRY I493-X54<>
b S. D. Herrdd. "A law was enacted two years ago which has
given the x>GOple relief from the adulterated oils for which South
Dakota has become a favorite dumping ground. . . I believe the
fees for inspection should be no more than sufficient to pay all ex-
penses incident to protecting the people of the state from the com-
pulsory use of oil that is either nearly useless or dangerous. . . The
faithful, energetic and effective work of the Oil Inspectors is worthy of
special commendation. Some features of the new law — ^the
requirements pertaining to specific gravity test and residue of oil
offered for sale for illuminating purposes have been attacked by the
Standard Oil Company. They do not attack the flash test nor the
other requirements, admitting that these are directed toward proper
purposes, but claim that the residue test and the gravity test have no
bearing upon the efficiency of the oil for illuminating purposes. . .
The case is now pending in the United States Circuit Court. . . For
two years the supply of oil has been satisfactory. The people will
never i^;ain submit to the condition which existed prior to the enact-
ment of the present law." 3 Ja oS, p.37-39
1S08 Warehouses. Markets
15x5 Grain warehouses and inspection
a S. D. Herreid. "The [Railroad] Commissioners caU attention to
the inadequacy of the penal provisions of the grain warehouse law
and recommend the enactment of a law now successfully in force in
Minnesota." 3 Ja 05, p. 28
x$x7 Inspection
a OkL Ferguson, Grain inspector, 10 Ja 05, p. 21.
b Kan. Hoch. "Two years ago the Legislature created what is known
as the Grain Grading Commission, composed of three members, who
meet once a year to establish grades, and get $100 and expenses for
their services. This work can be done in a little while by the grain
inspector and his assistants, and this commission, in my judgment,
should be abolished." 10 Ja 05, p. 20
1533 Regulation and licensing of trades and occupations
1540 Barbers
a XT. Cutler, 10 Ja 05, p.42-43.
b Fla. Broward. *'A subject that is receiving attention from the
health authorities of other states is the proper sanitation of barber
shops, and the utensils and instruments used in them, and I believe
this to be an important matter that should receive attention."
4 Ap OS, p.39
e Kan. Hoch. *'The Barber Board, tmder the law, operates only in
cities having more than 3000 people, when, if it should have any exist-
Industries
1630-75 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
ence at all, these conditions should be reversed. . . This board
should either be abolished or its benefits extended to the smaller
places." 10 Ja 05, p.20
1630 Encouragement of industries
1633 Bonus. Exemptions. Bounty
See also 810. Exemption from general property tax; laSa. Railroads
1653 Silk culture
a S. C. Heyivard. "It has been practically demonstrated that our
climate is admirably adapted to silk culture. . . As a profitable
and desired addition to our diversified crops, I think this an import-
ant subject for our careful consideration." 10 Ja 05, p. 39
1662 Ezpositions
Jamestown Exposition
a HI. Yates, 4 Ja 05, p. 57-58. Heb. Mickey, 5 Ja 05, p. 14-1 5.
N. M. Otero, 16 Ja 05, p.34. Or. Chamberlain, 11 Ja 05, p.54.
U. S. Roosevelt. 6 D 04, p.21. W. Va. White, 11 Ja 05, p.66-67-
Lewis and Clark Exposition
b ArL Brodie, 16 Ja 05, p.20-21. CoL Peabody, 6 Ja 05, p.14. Id.
Gooding, 5 Ja 05, p. 18-19. HI. Yates, 4 Ja 05, p.59. Mo. Folk,
7 F 05, p. 4-5- Neb. Mickey, 5 Ja ©5. pi4- H. M. Otero, 16 Ja 05,
p.35. H. D. White, 4 Ja 05, p.21. H. D. Sarles, 4 Ja 05, p.xx.
Pa. Pennypacker, 3 Ja 05, p.19. U. Cutler, 10 Ja 05, p.38. Wash.
Mead, 11 Ja 05, p.36. W. Va. White, 11 Ja 05, p.65-66. Wis.
La FoUette, 12 Ja 05, p. 104-5.
Louisiana Purchase Centennial
c Ari. Brodie, 16 Ja 05, p.20. Ark. Davis, 11 Ja 05, p.39-4r. CoL
Peabody, 6 Ja 05, p.14. Ct Roberts, 4 Ja 05, p.24. HL Yates,
4 Ja 05, p.49. Ind. Durbin, 6 Ja 05, p.42-43. Kan. Hoch, 10 Ja
05, p.i3-i4- Mich. Warner, 5 Ja 05, p.ii. Mon, Toole, 2 Ja 05, p.7.
Heb. Mickey, 5 Ja 05, p.13. Hev. Sparks, 16 Ja 05, p.ii-12. H. M*
Otero, 16 Ja 05, p.34. H. Y. Higgins, 4 Ja 05, p.28. H. D. White,
4 Ja 05, p.2i. Okl. Ferguson, 10 Ja 05, p.9. Pa. Pennypacker,
3 Ja 05, p.18-19. S. D. Herreid, 3 Ja 05, p.22-23. Tenn. Frazier,
3 Ja 05, p.19-23. U. Cutler, 10 Ja 05, p.37. W. Va. White, 11 Ja
05, p.65. Wis. La Follette, 12 Ja 05, p. 103-4. Wy. Brooks, ix Ja
05, P.23-
1675 Resources and attractions. Immigration
See also a 1x4. Emigrant agents
a Id. Gooding, Bureau of Information, 5 Ja 05, p. x 6-1 7. 9. C
Glenn, II Jaos^ p>4-6- S.* C. Iiay«vfact!,i]>ep«rtaMntt>f-Agficulttire,
Commerce and Immigration, 10 Ja 05, p.xx— 13.
BANKING
Ga. Terrell. ". . - * Necessity of the state having an immigra-
tion agent or commission charged with . . . soliciting the immi-
gration to Georgia of thrifty American people. . ." 28 Je oS, p.17
Mass. Douglas. '*Sonie years ago the Bureau of Statistics of
Labor obtained and published information in regard to abandoned
farms. Nearly all of these farms have since been sold and are now in
use. This biireau is now obtaining information in regard to indus-
trial opportunities not yet utilized. The information collected will
also show the location of land suitable for manufacturing purposes
situated near railroads or in proximity to unused water power. . ."
5 Ja OS. p.47-48
Minn. Johnson. "Throughout the northern part of otir common-
wealth, large tracts of land are idle and unproductive because of the
lack of people to till the soil. . . The establishment of a perma-
nent bureau of immigratian with sufficient funds to prosecute the
work of urging settlers to locate here, would result in great good."
4 Jaos, p.14
i Tenn. Prazier. "Tennessee should use all proper and legitimate
means to attract to her borders worthy and progressive citizens and
capital, that her resources may be developed and her wealth and
productive energy increased. . . You should create a bureau of
immigration and statistics, and the Governor should be authorized to
appoint a suitable person to take charge of the work. . .'*
3 Ja"oS,p.24
«•» Banking
Sm also 500, Corporatioos; 843, Taxation oi banking institutions
H. H« McLane, Board of Bank Commissioners, 5 Ja 05, p. 6. N. T.
Higgins, 4 Ja 05, p. 15-17. Okl. Ferguson, 10 Ja 05, p.17. U.
Cutler, 10 Ja 05, p.23. W. Va. White, 11 Ja 05, p.62-63. Wis.
La FoUette, 12 Ja 05, p.ioo.
Ari. Brodie. "There seems to be necessity for the overhauling of
the banking laws of the territory to the end that the Bank Examiner
shall be vested with more authority. . .*' x6 Ja 05, p.i6
IniL Durbin. " Recent developments have served to emphasize the
demand for some form of state suix^rvision of private banks. . .
1 believe that our system of examination and supervision
of banks operating under our state banking law and thereby inviting
a lai^r degree of public confidence, should be extended to the kind
and character of loans made from the ftmds thereof, to the end that
worthless or doubtful loans may be promptly eliminated from any
return of assets. . . The circulation of imfounded rumors
adversely affecting the financial standing of any authorized bank
or trust company shotdd be defined by the law as a crime or mis-
demeanor, and ptmishment prescribed accordingly. . ."
6 Ja OS, p.29
IimL Hanly. ". . . The nmnber of private bank failures in
this state within the last year constitutes irrefragable proof of the
«^9-9« N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
need of legislation which will give the state authority to inspect and
supervise every private firm, partnership or institution engaged in any
manner in the banking business. . . The sum required
as capital I submit to your intelligent judgment, but it should be
adequate in amoimt, taking into consideration the character of the
community in which such bank is located. There should
also be an inhibition against the loaning of money, either directly or
indirectly, to any person, firm, copartnership or corporation, either
as principal or surety, beyond a fixed and reasonable sum, taking into
consideration the amoimt of paid-up capital of each institution. . .*'
9 JaoS, p.16-17
e Mich. Bliss. Private banks should be brought under the jurisdic-
tion of the State Commissioner of Banking. 5 Ja 05, p. 2 4
f R. I. Utter. "... I call . . . attention ... to the
necessity of providing for the appointment of a commissioner who
shall be given an oversight and control of all savings institutions dmn^
•■ business in this state and an authority to examine as to their condition
and to use means, if necessary, to fully protect their depositors from
loss. . ." Sjaos, p.ft
g S. D. Herreid. "The new banking law went into effect July zst,
7903. Its operation has been most salutary. However additional
power should be given the Public Examiner. . ." 3 Ja 05, p. a 5
x68o Inspection. Reports. Departments
a H. T. Higgins. "The Superintendent of Banks should be directed
by law to examine, at least once in every six months, the books and
securities of all banks and trust companies." 4 Ja 05, p.x6
b U. Cutler. ". . . I recommend that section 3441 of the
Revised Statutes of Utah, 1898, which limits the authority of the
Bank Examiner to the examination of corporate banks only, be
amended to include private banks." 10 Ja 05, p. 3 a
c Wash. Mead. ". . . With the purpose in view of protecting
bank deposits, a system of state inspection of state, foreign and private
banks should be provided. . ." 11 Ja 05, p.2^
1684 Capital
a W. Va. White. '*. . . The present general banking law permits
a bank to be started with a capital of $25,000, but only requires that
40% of the capital be paid in. . . no bank ought to be permitted
to continue in business with a minimum capital paid up of less than
$25,000, or certainly not after it has been in business for three
years. . ." iiJao5, p.63
1691 Loans. Investments
a N. Y. Higgins. ". . The provisions of the national bank act
limiting the total liabilities for money borrowed by any person to
10% of the amount of the paid-in capital stock of the bank are to be
• commended. I recofmntend that, with reasonable exceptions as to
the discount of strictly business or secured paper, the similar provisiofi
BANKING i6g3-»7i5
in the state law be amended by fixing the amount to be loaned to the
individual borrower as not more than 20% of the capital stock
actually paid in." 4 Ja 05, p. 17
i6g3 Officers. Meetings
a H. T. Higgins. ''Bank directors should be compelled to make
periodical examinations of the books of their institutions and should
be held responsible for the thoroughness and stifficiency of such ex-
aminations." 4jao5,p.i6
Z698 Trust and safe deposit companies
m Pa. Pennypacker. "The question whether trust companies . . .
should also be permitted to do an insurance^ surety and guarantee
business upon the same capital, which involves another kind of risk,
is one of moment. . ." 3 J& 05, p. 11
1700 fieports. Inspection
m S. D. Herreid. " • . . I believe that this Legislature should
provide for a commission of five members who during the next two
years could give this subject such consideration as its growing im-
portance demands and report to the next Legislature recommenda-
tions for such legislation as the situation may require. . . "
3 Ja 05, P.34
1708 Savings banks
m H. H. McLane, 5 Ja 05, p. 5-6.
17x2 Depodti
a H. Y. Higgins. "Savings banks should be, if possible, limited to
their original purpose . . . and the use of such institutions
should be denied to people of wealth. . ." 4 Ja oS, p.i6
17x3 Investments. Reserves
m H. Y. Higgins. "The list of securities in which savings banks
may invest the money of their depositors should be extended only
with the greatest caution and upon the most satisfactory evidence
that the added line of investments is one that is safe and conserva-
tive, not only for savings banks, but also for trust funds. Special
legislation enumerating the authorized investments should be super-
seded by a general law, establishing proper standards of safety.''
4 JaoS, p.i6
Z715 Mortgage, loan and investment companies
a H. Y.. Higgins. " Investment associations and concerns shotdd be
brought more strictly .under state control, and such concerns whenever
operating under unsafe and vicious systems should be suppressed."
4jao5,p.t6
l7l5-3> N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
b Wis. La FoUette. "It would seem that the law relative to invest*
ment companies should be so changed as to require a thorough exam-
ination into their character by the Commissioner of Banking, and his
• approval of their solvency and soundness, before being permitted to
transact business in this state." 12 Ja 05, p. 100
Z718 Building and loan associations
The names of these organizations vary somewhat, but the powers and regialatioiit
do not depend on the name. The ordinary phrase is building? and loan asaociationt.
but they are elsewhere called savings and loan associations, cooperative loan smo-
ciations, etc. and in Massachusetts cooperative banks.
Z720 Inspection
a U. Cutler. "The operation of building and loan associations, both
domestic and foreign, in the state, shotild be made the subject of care-
ful examination and supervision. . ." 10 Ja 05, p.93
b W. Va. White. '|The scope of this department [banking] should
be enlarged so as to include the supervision of building associa-
tions. . ." iijaos. p.63
1724 Loans. Inyestments '
a. IV. Y. Higgins. "Building and loan associations should withont
.exception be prohibited from loaning their funds upon second mort-
gage." 4 Ja 05, p. 16
1732 Insurance
5m also 500, Corporations; 844« Taxation of insurance compamet
a Kan. Hoch, 10 Ja 05, p.i8-iQ. K. Y. Higs^ns, 4 Ja 05, p. 17. W.
Va. White, 11 Ja 05, p.6-7.
b 111. Yates. ". . . The original laws regulating and governing
the business of insurance were passed in 1869. . . The present con-
ditions and the experience of the past few years show the desirability
of further amendments in some particulars — as provisions regulating
. . . reinsurance . . . deposits . . . insurance ... in
unauthorized fire companies . . . and that the provisions regu-
lating the investments of companies, which have remained practically
as originally enacted, should be considered in the light of present con-
ditions, giving to companies such latitude of investments, and sudi
only as are consistent with safety to the insured. . .**
4 Ja OS. p.3x-3a
c Ind. Durbin. "Much has been accomplished toward the extinction
of "wildcat*' insurance in this state, but much remains to be aooon-
plished before there is back of every insurance policy the guarantee
of payment which is the right of every man who pays a premimn.
Our statute covering the class of securities foreign insurance
INSURANCE ^73>*M
panics are permitted to hold should be broadened so that municipal
and county bonds of other states may be included. . ."
6 Ja OS. p.33
d Mum. Johnson. "There is need at this tune for a general revision
of our present insurance laws. . . Under the present law there is
altogether too much latitude in the matter of reinsurance of the risks
of other companies and this if permitted at all, should be authorized
under such conditions that the rights of policy holders would not
suffer thereby. The present law permits the collection of fees by the
Commissioner, the propriety of which there is much doubt. . ."
4 Jaos, p.13
e U. S. Roosevelt. "The business of insurance vitally affects the
great mass of the people of the United States and is national and not
local in its application. It involves a multitude of transactions
among the people of the different states and between American com-
panies and foreign governments. I urge that the Congtess careftdly
consider whether the power of the Bureau of Corporations can not
constitutionally be extended to cover interstate transactions in insur-
ance." 6 D 04, p.Q
f W, Va. White. ". . . The rates of insurance have been greatly
increased, and exacting conditions imposed, which in many instances
seem purely arbitrary and uncalled for. This state should have an
insurance commissioner, either as a subordinate department to the
Auditor's ofSce or as an independent department of the government,
as in other states. . ." ti Ja 05, p.76
g W. Va. Dawson. "If the late Legislature had adopted a code of
insurance laws . . . and created the office of insurance commis-
sioner ... it wotdd not only have added $20,000 of revenue
yearly to the state treasury, but it would also have given the people
of the state much needed protection. . ." 4 Mr 05, p. 5
1733 State departments
a If . M. Otero. "I would earnestly renew my recommendation. . .
for the creation of the office of insurance commissioner. . ."
16 Ja 05, p.i8
1734 Examination. Reports
a MimL Van Sant. Fees for valuation of policies. "Work of this
character should be performed by the Insurance Commissioner, and
moneys derived should properly go to the state rather than to indi-
viduals. . ." 4 Ja 05, p. 21
b S. D. Herreid. ". . . The fee system for examination of
insurance companies, and for which they seem to expect to contribute
from one to two htmdred dollars, should be abolished. Nothing but
the honesty of the Commissioner now prevents such 'examinations '
of 119 companies once or twice a year, by which this office could be
made to yield a revenue of at least $10,000. per. annum. The actual
expenses of public officials ^as well as salaries) should be paid out of
the state's treasury. All proper charges for bona fide examinations
should be paid to the state treasurer. . ." 3 J& 05, p. 31
Life and accident
x740-6a
N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
2740 Combinations
a Kan. Hoch. ''. . . I wish to call your attention to the alleged
evasions of the laws of 1889 and 1901, partly passed for the purpose
of preventing the organization of trusts or combines in the insurance
business. . . First, local boards were organized in the towns and
cities, which fixed the rates on property, but these were short-lived,
owing to the interference of the courts. Then, what was known, I
believe, as the Clarkson rate, was established, which was also driven
out of existence by the courts. But substantially the same rates have
been restored under another name, prepared ostensibly by a private
citizen, and are known as the advisory rates. . . " 10 Ja 05 , p. 18-19
1754 Life and accident
a Fku Broward. "... As it is always desirable that as much
of the people's money shall remain at home as is possible, does it not
aigue strongly in favor of state insurance? May not the state iasue
policies and receive premiums- therefor and-after setting aside the
proper reserve fund for the safe conduct of the business have a laxje
surplus to be turned into the revenue fund of the state, thereby
relieving direct taxation to that extent ? . . . The amotmt of Umscs
paid in 12 years has only been about 30% of the gross receipts for
premiums of the life insurance companies doing business in this
state. . . I therefore recommend that the Legislatare
enact such laws and take such measures as will be necessary to estab-
lish a life insurance business conducted by the state."
4 Ap 05, P.43-4S
b N. Y. Higgins. Special message recommending appointment of
committee to investigate life insurance evils. 20 Jl oS
1 761 Fraternal beneficiary societies
a Minn. Van Sant. ". . . Laws should be passed making these
companies or associations [fraternal] absolutely safe through requiring
an accumulation of reasonable reserve funds." 4 Ja 05, p.io
b Mon. Toole. Placing fraternal insurance companies doing business
in this state under state supervision, and exacting from such a small
fee sufficient to cover the expense of supervision, recommended.
a Ja OS, p.4
Z762 Accidenti health and industrial insurance
a Or. Chamberlain. ". . . It was to lessen this legal responsi-
bility of the employer which gave birth to employers liability insor^
ance. . . For a consideration paid by the employer (and some-
times it is charged, out of money deducted from the wages of the
employee in the shape of his monthly hospital fee) to the insuiaaoe
company, the latter contracts to discharge the liability of the former
for damages sustained by the employee in the discharge of his datiet
Casualty iiisocMM
INSURANCB 1764^)
. • • The employer is in fact relieved from one of the penalties of
Ms own carelessness, and knowing this, in many instances at least,
becomes careless in the conduct of his business. • . The employer
at the instance of the insurance company, refuses to pay the most
meritorious claim for damages and resists pasrment to the last ditch.
The employer is the nominal d^endant in such actions, the instirance
company the real defendant. . . The employee should be per-
mitted to sue either the careless employer or the insurance company
that offers a reward for carelessness, or both as he may elect. . /'
II Jaos, p.33-34
1764 Fire and other casualty
St€ also 791, Insurance of public property; 1093, Fires; 1893, Forest firet
a Ark. Davis. ". . . I am no believer in fire insurance at the
best. I believe that every old line company that is in Arkansas today
is in a trust and would be stamped out of existence if the King anti-
trust bill were to pass, which I sincerely trust it will, unless they should
quit their trust relations; but as equally bad restilts happen to the
very best class of our citizens, the poorer people by the frauds prac-
tiMd by some of the mutual wildcat companies, I call your special
attention to them so that you may give this matter your careful con-
sideration in the enactment of some law that will give reasonable pro-
tection to the policy holders to at least 50^ of their gross income, no
net income, for they never have any. Also compel them to file with the
Auditor an indemnifying bond in the sum of $50,000 annually, payable
to the state for the use and benefit of their policy holders, and also make
them file with the Auditor quarterly, full and complete statements
showing in detail their financial condition." u Ja 05, p. 2 7-28
b S. D. Herreid. "Two years ago the Legislature passed what is
known as the 'anticompact ' and 'valued policy ' laws. . . The
practical effect of the valued policy law seems to be greater care on
the x>art of the insurance companies in the selection of their risks,
diminating overvaluation of buildings and hence removing the
temptation for criminal insurance. During the past two years there
has been a substantial reduction in the rate of insurance in this state.
The validity of the 'anticompact* law is now before the courts for
determination." 3jao5, p.30
c Tenn. Frazier. "It is claimed that both the fire losses and the
premium rates are proportionately higher in Tennessee than in many
other states. . ." 3 Ja 05, P.27-2R
Combinationfly see 1740
S769 Policies. Rates
a MiiiflL Van Sant. ". . . It would seem that the daim that
insurance rates should be lowered in Minnesota is well founded."
4 Ja 05, p.2o
^7f9-zJ|j6 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
1795 Surety and guaranty companies
5m also 1698. Trust companies
a Ari. Brodie. "... . I . . . recommend that the dutiei
now required of the Governor regarding surety companies be imposed
on the Auditor . . . and that all such corporations doing busi-
ness in the territory be taxed in like manner as insurance companies,
and the fees turned into the treastiry. . ." 16 Ja 05, p. 11
1796 Acceptance on bonds
See also 467, Suretyship
a Neb. Mickey. "Under a recent decision of the Supreme Court it
is held that the statute is invalid which authorizes the execution and
approval of official bonds with guaranty companies as sureties. The
defect is technical and can be remedied. . .*' S Ja 05, p.20
1800 Navigation Waterways
St€ also XX39. Steamboats (safety); 1384* Canals; 1393, Bridges
1803 Harbors
a Wash. Mead. ". . . I am of the opinion that a board or com-
mission should be authorized . . .* to suggest a plan. . .
for legislative action in the interests of harbor improvements."
n JaoS. p.3a
1805 Improvement of waterways (general)
5m also 2676. Sewerage
a HI. Yates, 4 Ja 05, p.52.
1826 Agriculture
See also os6. Adulteration; 1x44. Coxtununicable diseases of animals; 3343. Agri-
cultural schools
Ct. Roberts, 4 Ja 05, p.27. Fla. Broward, 4 Ap 05, p.45. Kan.
Hoch, agriculture and horticulture, 10 Ja 05, p. 19. N. H. McLane,
5 Ja 05, p.16-17. K. y. Higgins, 4 Ja 05, p.ao-21. Okl. Ferguson,
10 Ja 05, p. 19. Or. Chamberlain, 11 Ja 05, p. 14-15. S. C. Hey-
ward. Department of Agriculture, Commerce and Immigration, 10
Ja OS, p.ii-13. S. D. Elrod, 3 Ja 05, p.6. Tenn. Frazier. 3 Ja 05.
p.24-25. Vt Bell, 6 O 04, p. 7. W. Va. White, 11 Ja 05, p.52-53.
HL Deneen. ". . . The Agricultural College of Illinois should be
to our state what the Department of Agriculture is to the United
States. It should be continually making experiments. It shotdd
keep in touch with discoveries made throughout the world and apply
them to conditions here. . ." 9 Ja ©5, p.4
Ezperiment statimw. Fal«9.
AGRICULTURE xft^40,
c MiclL Bliss. **. . . The retiring Dairy and Food Commissioner
prepared and introduced at the last session a bill providing for the
appointment under that department of instructors . . . and the
establishment of a system of state licensing of milk vendors. The
department has detailed a regular inspector who has taken up the
work of instruction and inspection but has not been able to accomplish
the restdt it could, had it possessed the requisite authority and finan-
cial support." 5 Ja 05, p.i6
d U. S. Roosevelt. "The Department of Agriculture has grown into
an educational institution with a faculty of 2000 specialists making
research into all the sciences of production. The Congress appropri-
ates, directly and indirectly, $6,000,000 annually to carry on this
work. . ." 6 D 04, p. 13
1818 Ezperiment stations
Sm also 3343. Agricultural schools
a OkL Ferguson, 10 Ja 05, p. 2 6. U. Cutler, arid experimental farms,
xo Ja oS. p.27. W. Va. White, 11 Ja 05, p.39-41.
i8j9 Farmers institates. Keading courses. Lectures
a Wch. Warner, 5 Ja 05, p.ii.
b & D. Elrod. "This Legislature should provide for the holding of
farmers institutes under the supervision and direction of the Agri-
cultural College. Every state in the Union, save two, provides for
these institutes: South Dakota and Arkansas." 3 Ja.os p.6
c S. D. Herreid.' "Four years ago I recommended legislation pro-
viding for farmers institutes. South Dakota, one of the greatest
agricultural states, is conspicuous by being 'the only state making no
provision for these institutes.' . . I believe an appropriation
should be made for farmers institutes xmder the direction of the pi^i-
dent of the Agricultural College." 3 Ja 05, p.36-37
1831 Needy farmers. Loans etc.
a H. IC Otero. "... I recommend to you the propriety of
tnttlrittg a special contribution of money for the relief of the . . .
[flood sufferers] and also that you also make an additional provision
to furnish those who are in need of it with seed for planting their
crops for the coming season. . ." 16 Ja 05, p. 30
1S40 State anodationfl and fairs
a Hon. Toole, 2 Ja 05, p.6. S. D. Herreid, the State Fair, 3 Ja 05, p.31.
U. Cutler, state fairs, 10 Ja 05, p.21.
b Mich. Bliss. Continued support to State Fair recommended.
S Ja OS. p I
Rorticttlture. Animals
g^^.7 N. y. STATE LIBRARY GOVERNORS MESSAGES I905
1844 Horticulture. Diseases and pests
5«f also 1630, Encouxagement of industries
a Id. Gooding, 5 Ja 05, p. 14. U. Cutler, 10 Ja 05, p.39.
b CaL Pardee. ". . . Through an arrangement effected by the
Horticultural Commissioner with the government of West Australia,
Mr George Compere, the Entomologist, was sent, during the past year,
upon an extended journey in South America, Europe, and Asia Minor,
at the joint expense of these two states. His principal mission, so far
as this state is concerned, was to discover a parasite of the codling
moth, an insect so destructive that it has been estimated it takes
annually 40% of the pear and apple crops. . . The dims
industry being now menaced by the threatened introduction of the
Morelos orange-maggot ... it is proposed that California shall
cooperate with Mexico with a view to discovering some means of
combating the insect in the Mexican orchards." 2 Ja 05, p.46-47
1S46 Boll weevil
a Tex. Lanham, 12 Ja 05, p.15
1856 Noxious animals. Bounties
a U. Cutler. *'. . . While the law providing a bounty for the
destruction of wild animals is commendable, and its enforcement has
been pipductive of great good, the state finances will not, in my
opinion, permit of so large amounts being paid for this purpose. I
therefore recommend that the law be amended so as to provide that
when the fund for this bounty is exhausted, the State Auditor shall
be required to give public notice of that fact, and that liabilities
against the state on that account shall cease from that time. It
shotild be made impossible to create a deficit." 10 Ja 05, p.7— 8
b Vt McCullough. *'...! recommend that the law rdating to
bounties for the killing of noxious animals be repealed. Tn the last
biermial term the state has paid on this account $19,821.80 and in my
judgment has not been correspondingly benefited." 6 O 04, p.6— 7
1874 Wolves. Coyotes. Lynx. Wildcats, Bearg etc
a Wy. Brooks, Wolf boimty. n Ja 05, p.35
b U. Cutler. "I am informed . . . that there is great difficulty
in distinguishing between coyote and wolf scalps, and it is bdievad
that in many instances the bounty of $5, allowed for the killing of a
wolf, is paid for a coyote. I therefore recommend that the bounty
for these two animals be made uniform." 10 Ja 05, p.8
1875 Domestic animals
See also 896, Cruelty to animals; 91
cable diseases of animals
a Mimu Johnson, 4 Ja 05, p. 18.
See also 896, Cruelty to animals; 961, Milk and milk products; 1x44, Coou&iini-
cable diseases of animals
FOTMRfJT
AGRICULTURE l87S-9<^
b IGch. Warner. *'It is my belief that the Dairy and Pood Depart-
ment should be so broadened in its scope that an opportunity may be
given to foster and encourage the dairy interests of the state. . ."
5 Ja OS. p.9
c Or. Chamberlain. "Since the last session of the Legislature,
range difficulties in Lake and Crook counties have reached an acute
stage, resulting in the wilful killing of many hundred sheep, and it is
charged, in the loss of one human life in the former county. . .*'
XI Jao5.p.37
i977 Running at large
a OkL Ferguson, lo Ja 05, p.6.
Z890 Forestry
a Minn. VanSant, 4 Jao5,p.29-3o. N. H. McLane, 5 Ja o5,p.iz-ia.
H. J. Stokes, 17 Ja 05, p.i^-ai. H. Y. Higgins, 4 Ja 05, p.aS-27. Or.
Chamberlain, zi Ja 05, p.41-44. Wis. La Follette, 12 Ja 05, p.96.
b CaL Pardee. ". . . There will be laid before you a carefully
drawn bill providing for a definite forest policy for California. . .
In the event that the Legislature is unable to see its way clear to
adopt a perfected forest preservation policy at this time, may it not
be wise to attempt at least tentative legislation looking to that
end?" 2 Ja 05, p.26
c CoL Peabody. "Tending to aid in the preservation of the state's
forest laads, provision should be made for a state forester, on pay,
and a law should be passed making it optional, in specified cases, for
the State Land Board to sell or to refuse to sell timber lands. . ."
6 Ja OS, p.6-7
d Or. Chamberlain. "... So long ... as all our timbered
lands are either within reserves or in private ownership, I can see no
good reason why the people of the state shotdd be heavily taxed to
protect them. There is no objection to the creation of a commission
and the appointment of wardens and rangers with ample power to
protect the forests of the state if the corporations and individuals who
own them will pay the expenses.*' 11 Ja 05, p.44
e Vt. McCullough. ". . . Let a commission be appointed by the
Governor ... to adopt a comprehensive forestry policy for the
state, and a plan for the protection and replanting of the forests, for
the study of their quality and composition, the conditions necessary
for successful reproduction of the most valuable trees, the prevention
of forest fires, the relation of the growth of forests to humidity and
the rain fall, and to designate methods by which lumbering operations
may be best carried on so as to leave the lands cut over in a condition
which will more readily admit of forest reproduction. . ."
6 O 04, p.25
f W. Va. White. "The necessity is now upon the people of the Ohio
' valley and the important tributaries thereto, which includes nearly the
whole area of this state for perpetuating and increasing our fprest
fomtry
1891-93 N. Y. STATE UBRARY GOVERNORS ^MPSS^GES, 1 905
area in the Appalachian region. . . It has been suggested that
the statutes creating the West Virginia Geological Survey be amended
so as to require the accumulation and publication of all the facts re-
lating to forest areas in this state. . ." 11 Ja 05, p. 7 4-75
Z892 Bounty. Exemption
a Mass. Douglas. ". . . I recommend to your consideration the
expediency of legislation which, under proper safeguards, shall pro-
vide that lands devoted to forestry shall be taxed only on their product
as cut." 5 Ja 05. p.37-3*
b Minn. Johnson. ". . . The general laws of 1873 provided
compensation for planting and cultivating trees on prairie land and
along highways. The paying of compensation in the form of bounties
for planting trees on highways was later discontinued, but bounties
for tree planting on prairie land aggregating $20,000 a year have since
been paid. . . The question has been raised as to whether this
system of tree planting bounties has hot served its purpose, and could
now be discontinued. . ." 4 Ja 05, p.iS-19
c S. D. Herreid. ''The repeal of the timber culture law was a
calamity to the state. . . In 1885 and again in 1890 laws were
enacted providing for a bounty for tree planting, but tmder conditions
then prevailing and the inadequate inducement, practically nothing
was accomplished. I earnestly recommend the enactment of laws
which will provide shade and ornamental trees and shrubs for school
groimds and public highways, and also encourage planting wood lots
for commercial and climatic considerations." 3 Ja 05, p.35
1893 Forest fires
a Fla. Broward. "Game wardens could, under a proper law for the
protection of our forests from fire, be miEtde also fire wardens and be
of imtold value to this state. . ." 4 Ap 05, p.47
b Minn. Johnson. ". . . The forest preservation act of 1895
made town supervisors in the vicinity of forests and prairie lands fire
wardens, and made it their duty to take necessary precaution for the
prevention as well as the extinguishment of fires. The lack of proper
compensation has resulted in very inefficient service on the part
of wardens thus selected. The United States Forestry Bureau
after careful consideration, has drawn a bill for the state of CaH-
fomia which provides for the appointment of competent persons
to serve as fire wardens, the expense to be paid by the state which
is to collect half the amount from the counties in which the expense
occurred. . ." 4 Ja 05, p. 19
c Pa. Pennypacker. "I recommend . . . that the raQroad cor-
porations ... be required ... to put out all fires within
100 feet of their tracks, except in municipalities. No doubt, under
its police power, the state could prevent the use of fire as a danger
and, if so, such an act which would be in effect permitting the use of
fire upon condition would probably be held to be constitutional. .
Porestry
AGRICULTURE 1894
I recommend the passage of a law requiring all persons and corpora-
tioDs who may hereafter, for any reason, fell forest timber, to re-
move from the woods, when they take away the lumber, all other parts
of the trees, and impodng a sufficient penalty in the event of failure
to comply. . ." 3 Ja 05, p.4-s
1894 Forest preserves
a IGnn. Johnson, 4 Ja 05, p.19. U. & Roosevelt, 6 D 04, p. 16-18.
b Id. Gooding. ". . . It is said that our forests will reproduce
themselves as fast, if not faster, than those of any other state in the
Union. We shotild take advantage of this fortunate condition and
throw such safeguards around our timber and timber lands as will
perpetuate our forests for all time. Minnesota has followed this idea
in dealing with her timber lands that belong to the schools, and already
three crops of timber have been sold from the same lands, bringing in
millions of dollars to the school fund. Colorado also has a recent law
providing for the preservation of her forests from waste and from fires,
and providing a way to dispose of the timber of proper age, and reserv-
ing to the state the remainder. I recommend this feature of the law
of Colorado as vrorthy of your consideration. . . I am
reliably informed that some of the lumber companies, or their suc-
cessors, who purchased large tracts of timber from the state three or
four years ago, under a contract to remove it from the land in 20 years,
will ask you to pass a law at this session giving them ao years more
time for the removal of this timber. . . I know of no reason why
this extension should be granted. . ." 5 Ja 05, p. 13-14
c ImL Durbin. ". . . The last General Assembly passed an act
authorizing the State Board of Forestry to ptuxrhase 2000 acres of
land . . . for the purpose of establishing a state forest reserva-
tion, laboratory of forestry demonstration and state nurseries. . .
The reserve promises to become a permanent experimental and edu-
cational institution for the advancement of forestry in the state. . . "
6 Ja OS. p.32
d Mich. Bliss. ". . . The Legislature of 1903 gave to the
[Forestry] Commission power to establish a state forest reserve in
Crawford and Roscommon cotmties, the same act providing for the
appointment of a forest warden. The report shows that opposition
to this legislative action from the people of these two cotmties has
been turned into active cooperation as the benefits to be derived from
such a system have become apparent, and the further utilization of
the vast areas of tax lands for the purpose of producing valuable
forest products and an attendant conservation of values in the state
is worthy of most serious consideration. . ." 5 Ja 05, p. 14
e H.J. Stokes. *'. . . We have thousands of acres of land in
this state, part of it mere brushland, part of it abandoned and waste,
all of it unsightly, and all capable of growing trees that wotdd beautify
the landscape, afford attractive driveways, furnish places of recrea-
tion for the well, and health resorts for the sick, and be a source of
income to our commonwealth. Much of this land can be purchased
xSm^zqoo n. y. state ubrasy GOVERtrdRS ^mbssages 1905
for $x an acre, and in some cases can be obtained for taxes. I sug-
gest this subject for your consideration and recommend that within
proper limits the state, by purchase or by condemnation, secure thi»
waste and improfitable land and develop it as forestry reserves. . .*'
17 Ja OS, p.ai
f K. Y. Higgins. Special message on state forest preserve: recom-
mended that (i) proposed constitutional amendment permitting le*
moval of burnt timber be not submitted to people; (a) laws be passed
to more effectually prevent trespass; (3) constitutional amendment
be submitted permitting sale of other than wild forest lands. 9 Mr 05
g Pa. Pennypacker. "The state now owns 544,958 acres of land for
forestry reservation purposes. . . While it is continually adding
to its purchases for this purpose, it is by a strange anomaly also con-
tinually making sales of lands at a merely nominal price under old
acts which have never been repealed, relating to the disposition of
unseated lands. . . I recommend that legislation be at once
enacted that the Board of Property dispose of no lands belonging to
the state imtil they have been first examined by the Commissioner of
Forestry to ascertain whether they are adapted for forestry purposes,
and if fotmd to be so fitted that they be retained for these purposes,
and that when lands are sold by the Board of Property they be sold
at public sale to the highest bidder." 3 Ja 05, p.4
i8g6 Lumber
5m also 778(5. Public lands
a Wash. Mead. '*The Ivunber and shingle industry ... at
present has not that prosperity which is considered normal. I recom-
mend that you consider carefully the proposed legislation ... to
the end that you may enact laws that . ^ will tend to restore
prosperous conditions to the industry." 11 Ja 05, p.34
1900 Game and fish
a Minn. Van Sant, 4 Ja 05, p. 28-29. N. H. McLane, 5 Ja 05, p.iS-zg.
K. y. Higgins, 4 Ja 05, p.25-27. OkL Ferguson, 10 Ja 05, p.8-9.
Or. Chamberlain, 11 Ja 05, p. 13. Tez. Lanham, fish and oyster indus-
try, 12 Ja OS, p.13-14. Wis. La Follette, 12 Ja 05, p.102. Wy. Brooks,
II Jao5. p.15.
b Art. Brodie. ". . . I . . . recommend that this [Fish and Game]
Commission be abolished and an act passed providing for the appoint-
ment of one Fish and Game Commissioner at a fair and reasonable
compensation. . ." 16 Ja 05, p. 18
c Del. Himn. Special commission should be appointed to revise laws
relative to fish and oysters in state waters. 3 Ja 05, p. a 4-2 5
d Fla. Broward. *'The present system, which leaves to the counties,
at their pleasure the appointment of game wardens, and lax enforce-
ment of the game laws will, in a few years, result in the complete de»
GAME AND FISH XQOO
stiuction of the game of this state. I believe that game wardens
chaxged with the rigid enforcement of carefially drawn game laws, pro-
viding for a sufficient license to be paid by those persons hunting or
taking game, to pay the expenses of executing the game laws, would
be of great benefit to the state. . ." 4 Ap 05, p.47
e HL Deneen. ". . . The fish industry of this state began in
1879. By reason of the laws enacted in this state, the IlUnois river
now furnishes more fish to the markets than any other in the United
States, with the single exception of the Columbia river in Oregon. In
1 90 1 the output from the Illinois river alone aggregated 17,000,000
pounds, which brought three quarters of a million dollars to the towns
along that river. . ." 9 Jft 05, p.4
f HL Yates. "I would recommend that the [fish] warden service
be increased so that the entire state might be practically covered.
A tmiform code of laws applicable to all bordering states is asked for,
and would do very much toward bringing about a better protection
for our game fish and food fish." 4 Ja 05, p.35
g HL Yates. "Under the new game law passed by the last Legis-
lature, all kinds of native game in the state of Illinois, except deer
and turkey, have increased rapidly. Prairie chicken, the stock of
which had become very low, have increased about 100%, and a con-
servative estimate places the increase in quail at So%, with all other
small game showing equally well. . . Under the system of htm-
ter's license the department has been more than self-supporting, and
a small surplus has accumulated in the game protection fund, which
surplus should be used for propagating small game, and for buying
grain, and for the work of feeding it to the small game during extreme
weather in winter. . . The price of the resident hunter's license
should be reduced to 75c. . ." 4 Ja 05, p.36-37
h Kan. Hoch. "The last Legislature established a state fishery near
the town of Pratt, in Pratt county, and made a small appropriation
to inaugurate that important enterprise. . . I think the fish and
game interests should be consolidated and one man empowered to
look after both of them. . . I recommend the enactment of a law
imposing a heavy license upon nonresident sportsmen who ply their
vocation within our borders." 10 Ja 05, p. 7
i IGch. Bliss. The game and fish laws should be revised.
5 Ja 05, p.24
j Minn. Van Sant. Regulation of fishing in interstate waters.
4 Jao5, p. 29
k H. D. Sarles. "My attention has been directed to the inefficiency
of our present game and fish laws. . . I recommend the repeal of
the present statute and the adoption of one based upon the experience
that has proven valuable in other states, fully covering the defects
and omissions of the present laws." 4 J^t 05, p.5
m Pft. Pennypacker. "The efforts for the preservation of the forests,
the game and the fish, all of which the state has undertaken, seem to
look to the accomplishment of ends closely related, and it is well
X900-4 ^- Y- STATE LIBRARY GOVERNORS MESSAGES I905
worthy of consideration whether better restilts could not be secured
by a combination of them. . ." 3 Ja oS, p.4
n S. C. Heyward. "These interests [fish and oyster] are of more
importance to our state than seems to be realized, and at present they
are practically neglected. . . I recommend, therefore, that a com-
mission be appointed, whose duty it shall be to make a thorough exami-
nation of this subject, to report at your next session. " i o Ja o 5 , p. a 8—29
p S. D. Herreid. "South Dakota needs what nearly every other
state now has, a State Game Warden. . . It should also be made
the duty of the State Game Warden to stock the streams and lakes of
the state with fish. . . A law should be passed giving Game War-
dens concurrent jiuisdiction over lakes and streams constituting the
boundary line between states. It shotdd specifically be made a pen-
itentiary offense for one man to shoot another while hunting deer or
large game. This form of manslaughter shotdd not be tolerated as
"accidents/* The following amendments are also recom-
mended: (i) Hunting on Stmday shotdd be prohibited with penal-
ties same as hunting out of season. (2) The spring shooting of all
game should be prohibited. (3) All hunters* licenses to be issued
by the State Game Warden and good throughout the state. (4)
License fee for small game 50c for residents; and $10 for nonresi-
dents; large game, residents $3; nonresidents $25. (5) License
money to constitute a fund for pajrment of State Game Warden's
salary, expenses for enforcement of all game and fish laws, and pro-
pagation of game and fish. . ." 3 Ja 05, p. 39-40
q U. Cutler. "The Fish and Game Commissioner has presented a
report, with recommendations as to needed amendments in the present
law. . . It is recommended that steps be taken to replenish the
state supply of wild game, in some such way as the supply of fish is in-
creased. Also, that greater power be given the State Game and Fish
Commissioner, with reference to protecting the fish in the various
lakes and ponds used for irrigation reservoirs. It is suggested that
money be appropriated for increasing the capacity of the State Fish
Hatchery. . . It also seems desirable that the State Commis-
sioner be given more authority, with reference to the appointment of
fish and game wardens for each county; and that the salaries of these
officers be paid out of the state treasury. . ." 10 Ja 05, p.38
1904 Enforcement. Fines
For game wardens 999 1900
a Mich. Bliss. The law providing for seizure of hunting and fishing
appliances found in illegal use should be amended so that cases where
the value of the property exceeds $100 shall be Circuit Court action.
5 Ja OS. p.24
b Okl. Ferguson. ". . . Imprisonment should be added as one
of the penalties for violating the game laws. . ." 10 Ja 05, p.9
GAME AND FISH 190^86
1909 Game
Set also 1856, Noxious animals
1910 Propagation. Game preserve
a TJ. S. Roosevelt. "In connection with the work of the forest re-
serves I desire again to urge upon the Congress the importance of
authorizing the President to set aside certain portions of these reserves
or other public lands as game refuges for the preservation of the bison,
the wapiti, and other large beasts once so abundant in our woods and
mountains and on our great plains, and now tending toward ex-
tinction. . ." 6 D 04, p.19
191S Antelope
a N. M. Otero. ". I would suggest a statute that
would prohibit the killing of antelope, mountain sheep, etc., for zo
years. . ." i6Jao5,p.25
1947 Game birds
1949 Anatidae
Waterfowl: swan, guose, duck, brant
a Wis. La FoUette. "There will no doubt be brought to your atten-
tion measures ... to repeal that portion of the law of 1903
which allows the shooting of aquatic fowl during 15 days in the spring
of the year. . . The shooting of the fowl in the spring drives them
away from our waters and they go elsewhere to mate. . ."
12 Ja 05, p.ioa
1950 GaOiiiae
Black game capercailsie, grouse, partridge or ruffed grouse, pheasant, prairie
rhickpn, ptarmigan, quail, sage fowl, wild turkey
a Wy. Brooks. "Owing to the destruction of many of our ranges by
grasshoppers, and the consequent serious loss to many of our stock-
growers, I recommend that sage chickens be protected for five years."
" Jaos, p.15
1059 Fish
X961 Fish culture
a Wy. Brooks. ". . . 1 recommend that this Legislature in-
vestigate the methods of fish culture pursued in other states, with a
view of placing our fish hatcheries on a more economical basis."
II Jaos, p.15
1986 Salmon
a Or. Chamberlain. "... The conflict between the upper and
lower river fishermen and packers seems irrepressible and irrecon-
cilable, and besides there is a lack of tmiformity between the laws of
Washington and Oregon. . . Under these circumstances, I sug-
gest the appointment of a commission composed of men in no way
connected with the business of fishing to take evidence, collect data,
Ifines
Z986-2035 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
examine our own laws and those of Washington. . . It is my
candid opinion that unless this is done, nothing will ever be aooomp*
lished in the way of salmon propagation and protection."
II Ja oS, p. 16
b Wash. Mead. ". . . We can well afford to use every means
within legislative power to promote the industry and to increase the
supply of salmon inhabitating the waters of Puget sound and the Col-
umbia river." 11 Ja 0$, p.34.
2011 OysterB
a Fla. Broward. " In our extensive oyster beds and numerous avail-
able locations for their planting and extension in our state, the waste-
ful and extravagant methods of taking oysters now in vogue should
be regulated so as not to injure the beds; while a system of license
fees and rentals, as practised in other states, would produce a suf-
ficient revenue to properly police and protect the grounds now used,
and to plant others, maldng a most valuable addition to the state's
already growing natural resources." , 4 Ap 05, p. 48
>o2o Mines and mining
Set also 500, Corporations; 846, Taxation; 9349 Mining schools. For labor in
mines see 2040
a CaL Pardee, 2 Ja 05, p.47. Id. Gooding, 5 Ja 05, p.15. S. D.
Herreid, 3 Ja oS, p.31. W. Vm. Wfeite, 11 Ja 05, p.^i>-5i.
2024 Corporations
a Wash. Mead. ". . . The 'wildcat mining' industry, however,
should be exterminated, as it has retarded legitimate mimng invest-
ments. . ." zijaos, p.34
2035 Petroleum. Oas
See also 1493* Petroleum products (inspection)
a Kan. Hoch. "The marvelous development of the gas and oil re-
sources of the state . . . imposes a duty upon this Legislatuie
. . . One phase of the subject is of vast immediate importance, and
that is, how to save the gas for the development of manufactories on
Kansas soil. . . Whatever may be the limitations of power of the
state in reference to piling the gas beyond its borders, one
duty clearly within its |)ower demands immediate perform-
ance. Vast amoimts of gas are constantly going to waste in
all the gas fields of the state — ^a condition which Indiana and
other states have learned, to their sorrow, should not be
permitted to continue. Our oil interests are also in
leopardy. . . Rather . . . than permit the great monopolies
to rob us of the benefits of the vast reservoirs of oil which have been
stored by the Creator beneath our soil, I am inclined to waive my ob-
jection to the socialistic phase of this subject and recommend the es-
LABOR 3035-40
tablishment of an oil refinery of our own in our state for the preser-
vation of our wealth and the protection of our people. . ."
10 Ja oS, p.xo-ii
b W. Va. White. ". . . The depletion of our natural gas re-
sources by the heavy exportation of this product outside of our state,
and the appliances now used for pumping and sucking the gas out of
the ground, have awakened the apprehension and thoughtful con-
sideration of all citizens of our state who are directly or indirectly in
touch with the territory which produces this valuable fuel. . . Laws
should be passed to prevent the wastage of natural gas in the oil-
prodiidng business, and prohibiting persons from allowing the escape
of natural gas from the wells into the air, as well as controlling and
r^^ating the marketing of the product, as far as possible."
11 JaoS, p.78-79
a^9 Phosphate mining
a S. C. Heyward. " I regret to report to you that the mining of phos-
phate rock in our rivers has, for the present at least, practically
ceased. . . During the past year several applications were made
for a reduction of the royalty, which is now 25 c per ton. . ."
10 Ja OS, p.28
Labor
5fir also 354. Convict labor; 1099, BuHdiiigs, sanitatioii and safety
DL Yates, 4 Ja 05, p.26-27. Ind. Durbin, 6 Ja 05, p.28~29. Kan.
Hoch, 10 Ja 05, p. 10. Iflnn. Van Sant, 4 Ja 05, p.31-22. N. H.
McLane, 5 Ja o5. p.x9- ^- J- Murphy, 10 Jaos,p.i4, 16. H. M.
Otero, 16 Ja 05, p. 19-20. U. S. Roosevelt, 6 D 04, p.2-3. W. Va.
White, IX Ja 05, p.67-^8.
Ct Roberts. *'. . . Legislation necessary to further protect
and preserve the health and lives of the working people, to guard them
against injury and accident, and to prevent the emplo3rment of women
and children in dangerous occupations should be enacted; for what-
ever safeguards the health of the employees of our industrial estab-
tishments improves their efficiency and increases the prosperity of
the state." 4 Ja 05, p.23
Mass. Douglas. "... It is because Massachusetts has been fore-
most of 1^ states in the enactment of laws for the welfare of its workers
that she is a leader among the manufacturing commonwealths. . ."
5 Ja 05, p.2o
Mich. Bliss. Legislation reconmiended, amending factory in-
spection laws so as to reqtiire reporting of all accidents in factories to
the Commissioner of Labor on blanks to be furnished by that official.
5 Ja 05, p.23
H. Y. Higgins. "Uniformity of legislation on the subject of labor
is a matter which should be strongly urged by the state of New York,
in order that the condition of women and children may be ameliorated
Workshop regulations
2040-63 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
throughout the country and in order that the industries of the state
may be relieved from the unfair competition of those states which
place no restriction upon the subject. . .*' 4 Ja 05, p. 20
f Or. Chamberlain. * ' Demand has been made in certain quarters for a
repeal of the act creating the Bureau of Labor Statistics and Inspector
of Factories and Workshops. The demand should be ignored. . ."
iijaos, p.i6
g R. I. Utter. "I would urge that the General Assembly give care-
ful consideration to a measure which will be presented providing for
an enlargement of the work of the factory inspectors and for certain
changes in the factory inspection law. . ." 5 Ja o5» p.ii
h U. S. Roosevelt. ". . . It is greatly to be wished that the
Department of Commerce and Labor, through the Labor Bureau,
should compile and arrange for the Congress a list of the labor laws of
the various states, and should be given the means to investigate and
report to the Congress upon the labor conditions in the manufacturing
and mining regions throughout the country. . . Such investigation
and publication by the national government would tend toward the
securing of approximately tmiform legislation of the proper character
among the several states." 6 D 04, p. 5
i Wis. La FoUette. ". . . I would . . . recommend that
the Bureau [of Labor Statistics] be authorized to issue quarterly bul-
letins upon industrial subjects. . . I would reconmiend the en-
actment of a law requiring employers to keep detailed records of all
accidents to persons in their employ and to report the same. . . The
force of factory inspectors ... is inadequate. . ."
12 Ja 05, p.9t>
2044 General workshop. regulations
5er 9040, Labor
2052 Safety of employees
Sew also aias. Employers liability
a HI. Deneen. ". . . Under our present law, the employee in
many instances assimies the risks of dangerous occupations. . .
The state therefore will be called upon to enact laws to protect the
citizen against unnecessary hazards in such occupations. . ."
9 Ja 05, p.7
b 111. Yates. ". . . A law should be enacted to compel employers
to place proper guards over dangerous and hazardous machinery."
4 Ja OS. p.30
2063 Mines
Sew also aoao. Mines and mining
a Tenn. Frazier, 3 Ja 05, p. 2 6. Wy. Brooks, Coal mines inspectors.
II Ja 05. p.i2.
b Hon. Toole. Qualifications for State Coal Mine Inspector should
be made less stringent. Provision should also be made for his re-
moval for cause by District Court. - 9 Ja os, pS
Hoon
LABOR ao63-85
c HeT. Sparks. "It has been frequently suggested that a State Min-
ing Inspector be appointed. . . By giving this subject due con-
sideration you will favor the desire of miners and others interested."
x6 Ja OS, p.is
d XJ. Cutler. ". . . The State Inspector recommends ^that the
mining law be further amended, by a provision regulating the kind
of illuminating and lubricating oil that may be taken into the mines,
and giving the Mine Inspector power to regulate the blasting in coal
mines, in such a way as to prevent the undue vitiation of the air
with powder smoke. . ." xo Ja 05, p.36
e W. Va. White. ". . . It is . . . necessary that the lifine
Inspector's force should be increased by five additional inspectors. . . *'
II Jao5. p.51
3064 Health and comfort of employees
a Mass. Douglas, 5 Ja 05, p. 20.
b Men. Toole. "Information has just reached me through the In-
spector of Mines that the sanitary conditions of the Butte mines is very
bad. . . I quote the following for your information from the man-
uscript in my office . . . Absolutely no provision is made for
protecting the health of these men in a sanitary way. I therefore
strongly and earnestly recommend that a law be enacted which shall
provide for such sanitary regulations in mines and underground work-
ings, as will give the miner, in a small measure at least , the benefit of like
sanitary laws obtaining and in force in our towns and cities. . ."
* Ja o5f p.io-ii
ao65 Ventilation.
a W. Va. White. "The Chief Mine Inspector renews his recom-
mendation for the enactment of a law requiring mine bosses to make
a record of the currents of air within the mines. . ." 11 Ja 05, p.sa
3082 Sweatshops
a DL Yates. ". . . A law should be enacted requiring manu-
facturers of clothing to take out licenses. . ." 4 Ja 05, p. 30
3085 Hours
5m also azz3. Employment
a CoL Peabody. ". . . The platform adopted by the last re-
publican state convention pledged the enactment of a reasonable,
just and equitable eight hour law, and I hope and trust that such a
law wiU receive your early consideration and prompt enactment."
6 JaoS, p.18-19
b CoL Adams. "An honest eight hour law" recommended.
10 Ja 05, p.5
c llasB. Douglas. "From the mills, factories and workshops in all
sections of the commonwealth there comes an appeal that should not
go unheeded. It is the petition of the women and minors for the en-
actment of a law prohibiting the overtime work in factories and mills
after a reasonable hour. . ." 5 Ja 05, p. 19-20
Biiiployment
2096-21x8
3096
y
21 Z3
2114
a
2XZ5
a
2ZZ8
N. Y. STATE LIBIUSY GOVERNOIlS MESSAGES I905
Public work
Mass. Douglas. "The movement for the shorter workday is pro-
gressing. Most of the cities and towns of the state are on reoofd as
favoring and practising it; but, singularly, the conmionwealth itself
has been backward in adopting such legislation as would place our
state in line on this question." 5 Ja 05, p.XQ
Emplojmioiit
Mass. Douglas. "I . . . wish to urge upon you the necessity
for doing what is possible to secure the enactment by other states of
laws similar to those of Massachusetts concerning child labor and the
employment of women." 5 J& 05, p.20
Employment offices. Emigrant agents
Or. Chamberlain. "Stringent laws should be enacted for protect-
ing those seeking employment against dishonest and irresponsible em-
ployment agencies. . ." n Ja 05, p.34
Free employment bureaus
Mass. Douglas. **. . . I would . . . suggest the advis-
ability of obtaining and publishing . . . information in regard to
unemployed labor . ." 5 Ja 05, p. 48
Children
5«r also a 173, Children (dependent and neglected); 3370, Compulsory attendaiioe
N. Y. Higgins. "New York is in advance of most of the states of
the Union in the matter of legislation on the subject of child labor.
The law, however, is not rigidly enforced and the lack of proper legis-
lation in neighboring states makes it difficult to establish proper re-
strictions upon the work in this state. . ." 4 Ja 05, p. 20
N. C. Glenn. "... Owing to the fact that in certain
mill districts parents will not send their children to school,
it might prove a wise measure to amend the law fixing^ the
age limit of children working in factories, so that while children
who can read and write can be admitted at 12 years of age, those
not able to do so can not commence work until they are of the
age of 14 thus giving an incentive to both parent and, child for the
child's education." 11 Ja 05, p. 7
Or. Chamberlain. "A law was passed at the last session of the
Legislature regulating the employment of children and appointing
a board of inspectors of child labor to carry out the provisions of the
act, to serve without compensation. There was not even an appix>-
priation made to defray the actual expense incurred in the work neces-
sarily devolving upon them. . . I call particular attention to
the report of the inspectors, and earnestly reoonmiend that the
amendments to the law as proposed by them be adopted at this
session. . ." zzJaoS»p.i5
Employers liability
LABOR ^SZ&-35
d R. L Utter. " . . . The present law shotild be so changed as to
make the age limit for children employed in any manufacturing or
mercantile concern agree with that required for school attendance
under the public school law, and the factory inspectors should be
given the same authority to require proof of a child's age when em-
ployed as is now given to the school authorities in matters relating to
school attendance. . ." 5 J^ 05, p.iz-ia
2124 Seamen
a Or. Chamberlain. Sailor boarding houses. ". . . There are
but two amendments that I would suggest. First, that the power of
appointment of the commission should be vested in the Executive of
the state, where it is lodged by the Constitution, and, second,
there should be exempted from the payment of licenses the Seaman's
Institute, or any organization which undertakes, from motives of
philanthropy and charity, to find positions for sailors desiring them. . ."
II Ja OS, p.50-52
aias Employers liability. Insurance
Sm also 1733. Insurance; 1762, Indiistrud insurance
Johnson. ". . . Whatever may have been said as to
the propriety of the common law doctrine in the past, it is entirely
unsuited to the present era when high geared and dangerous machin-
ery performs such a large part in the production of manufactured
articles. . v The true rule is, that the industry should bear the
nsk, and not the unfortunate workmen who are now daily deprived
of the means of earning a livelihood by those appalling accidents
which are occurring with more and more frequency of late."
4 Ja 05, p.ia
Mon. Toole. "An efficient fellow-servant law should be passed,
furnishing adequate protection to all classes of workmen engaged in
hazardous occupations, and especially to all railroad, mining and
smelter employees. 2 Ja 05, p.4-S
Or. Chamberlain. ". . . All that was said in my last message
in behalf of railway employees and in advocacy of the act passed for
their protection applies with equal force to all who are engaged in
every other form of hazardous employment. A general statute
should be passed at this session applicable to all such employments. . ."
II Ja OS, p.31-32
U. S. Roosevelt. *'. . . In my message to the S7th Congress,
at its second session, I urged the passage of an employers liability
law for the District of Columbia. I now renew that recommendation,
and further recommend that the Congress appoint a commission to
make a comprehensive study of employers liability with the view of
extending the provisions of a great and constitutional law to all em-
ployments within the scope of federal power." 6 D 04, p. 3
W. Va. White. "In the preceding Legislature a bill was intro-
duced, wliicfa passed one house, fixing and defining the liability of rail-
Labor dispnteB
2Za6-36 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
road companies for injuries to their servants or employees resultixi^
from the carelessness or negligence of a fellow-servant or employee.
This bill was based upon provisions of similar statutes in the states
of Ohio and Virginia, and I respectfully call the attention of tbc
Legislature to the advisability of enacting such legislation. . ."
II Ja 05, p.68
2126 Railroads
a Ark. Davis. Fellow-servant doctrine should be abolished.
II Ja 05, p.24-26
b Wis. La FoUette. ". . . Chapter 448, of the laws of 1903, was
enacted and became the law by my approval. Its provisions fall far
short of doing justice to the railroad employee. . . " 1 2 Ja 05 . p.66— 67
c Wis. La Follette. Special message in regard to railroad accidents
and employers liability therefor. 20 Ap 05, 8 p.
2134 Labor disputes
2136 Conciliation and arbitration
a ni. Yates, 4 Ja 05, p. 2 8.
b Col. Peabody. "A constitutional amendment providing for com-
pulsory arbitration in specified cases where industrial conflicts threaten
to unsettle conditions of peace and prosperity in the state should re-
ceive your earnest investigation. Such an amendment, permitting
the review by the Supreme Court of the state of the findings reached
by the arbitrators, might be considered advisable. This suggestion
is promised, however, on the supposition that one side or the other
has some better claim to the consideration of an arbitration board
than the mere use of force. The present Arbitration Board has no
certain and effective power, and, being impotent, should be abolished. "
6 Ja 05, p. 18
c Col. Adams. An amendment to the arbitration law requiring a
compulsory submission of any grievance ordifference between employer
and employees rccomir. ended. **This is not comptilsory arbitration,
nor does it lead to a compulsory decree, but it does compel a con-
ference, and where the parties to an industrial conflict honestly con-
fer, a settlement is almost certain. . ." 10 Ja 05, p. 5
d Ct Roberts. ". . . The State Board of Mediation and Arbi-
tration, authorized by a provision of our statutes, has not the po^wer
to call witnesses, and enforce their attendance, nor to thoroughly in-
vestigate differences that may arise. Sufficient additional power should
be conferred upon this board to caU for the production of evidence
from public service corporations, and this board should have the pcwer
to act whenever either party to a difference between capital and
labor, connected with said corporation, desire an investigation. . .••
4 Ja 05, p.aa
e BL Deneen. ". . . The state should gather all facts relating
to disputes of any importance and publish them in convenient form
State institutioiis
CHARITIES 3x36-43
for distribution as a guide to public opinion, which in this country
eventually has the force of law." g Ja 05, p. 7
1 Mass. Douglas. ". . . The work of the Board [of Conciliation
and Arbitration] can with advantage be extended to include the
authority to appoint at its discretion persons whose duty it shall be
to make examination and investigation of industrial conditions in
localities ... to the end that the board may be seasonably in-
formed of matters which may grow into misunderstandings before
such shall become controversies, and ultimately, perchance, result
in strikes or lockouts. . ." 5 Ja 05, p. 2a
g Mo. Folk. ". . . The public has an interest in these contro-
versies between employer and employee, for the public business is dis-
turbed thereby. I believe it is the province of the Governor of the
state to keep the public peace by settling these disputes, and he
should make it his business, as far as possible, to do so, if the contest
involves the public welfare in any way." 9 Ja 05, P.X2-13
2139 Strikes
a CoL Peabody, 6 Ja 05, p. 19-20. Mass. Douglas, FaU River strike,
5 Ja OS, p.49-50. U. Cutler, Carbon county strike, 10 Ja 05, p.33.
b CoL Adams. "The annals of several counties have been stained
by strikes, lockouts, martial law and outrage. . ." 10 Ja 05, p. 5
Charities
Sm also 60. State institutions; 335. Corrections; x76z. PratemAl beneficiary
2140
a Cal. Pardee, 2 Ja 05, p.44-4S. HI. Yates, 4 Ja 05, p.38-45.
3143 State institutioiis (general)
a Ark. Davis, 11 Ja 05, p.3-7. Kan. Hoch, 10 Ja 05, p. 16.
b N.J.Stokes. •'. . . The relatives of the unfortunate members
of society should, so far as their means permit, assist in their main-
tenance and care. . . Certainly, the least the relatives of depend-
ents can do is to contribute toward their support as much as it would
cost to maintain them at home." 17 Ja 05, p. 17
c H. J. Stokes. •* . . . One of our institutions has cost the state
at the rate of $3000 an inmate; another at the rate of $1000 an in-
mate. When it is considered that our citizens can be housed in their
own homes at an expense of not more than $500 an inmate the use-
lessness of such expenditures for public institutions needs only to be
stated to be acknowledged. . ," 17 Ja 05, p.i8
d Pa. Pcnnypacker. ". . . If the commonwealth is to continue
its present policy of assistance, there ought to be some systematic and
businesslike method provided, both for securing information as to the
needs of the institutions and for supervising the expenditure of the
moneys contributed by the state, so that it may be Imown that these
Children
2x49-72 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
funds are actually required and are applied without extravagance to
the purposes for which they are intended. It is unfair that the burden
of investigation should be imposed upon the committees upon appro-
priations of the Senate and House to be completed during the brief
periods of the sessions. . . The efforts of members to secure these
appropriations for institutions in the districts they represent are a
hindrance to and interference with general legislation. A plan could
be adopted which would not in any way interfere with the visitatorial
powers of the Board of Charities, and perhaps the most effective way
would be to increase their powers and agencies." 4 Ja oS, p. 2-3
2x49 Poor relief
See also a6o, Vagrancy: 2406. Pensions and relief
a Neb. Mickey, relief of famine sufferers in Northern Sweden, Nor-
way and Finland, 5 Ja 05, p. 18.
2x55 Poorhouses
2x57 Local institutions
a W. Va. White. '*I .. . . renew the recommendations made by
me in 1903 that we need some additional legislation in regard to our
cotmty infirmaries or poorhouses . . . and the letting out of the keep-
ing of the poor to the lowest bidder should positively be prohibited by
statute. " z I Ja o 5 , p. 49-50
2x60 Sick and disabled
See also X020, Communicable diseases
2166 State hospitals
a Wy. Brooks. 11 Ja 05, p. 18
2x67 Miners hospitals
a W. Va. White, 11 Ja 05, p.47-48.
2172 Children
See also 346, Reform schools; 371, Juvenile offenders; 474, Family; axx8. Em-
ployment
a Cal. Pardee, State aid to dependent children,, a Ja 05, p.38-39.
W. Va. White, West Virginia Hxmiane Society, 11 Ja 05, p.48-49.
b N. M. Otero. '*. . . There should be some statute prohibiting
youths of either sex under 1 5 years of age from being upon the streets
or plazas after 9 o'clock in the evening . . . also prohibiting their
loitering at street comers or plazas in the dajrtime. In the same line
th^r^. should be legislation. that would protect children in the homes
of vicious and immoral parents, and would prevent youths who have
been arrested for any crime or violation of the law from being confined
Deaf andjdttmb
CHARITIES 2x73-86
in the company of habitual and hardened criminals. . . A law
reqtiiring sheriffs, their deputies, police and constables to apprehend
and restore to their homes all tramping youths, boys and girls, is also
advisable, and will tend to the moral uplifting of the youth of the ter-
ritory." 16 Ja oS, p. 24-2 5
c W. Va. White. " I renew my recommendation ... as to the
need of legislation in regard to the proper disposition to be made of
children found in houses of prostitution and in our county infirmaries.
The National Curfew Association has called attention to the
necessity of legislation . . . requiring police officials to apprehend
and restore to their homes all tramping youth, boys and girls . . .
[and] providing that boys and girls be incarcerated in jails and station
houses separate and apart from old and hardened criminals. . ."
II Jaos, p.49
3x77 State institutioDS
a CoL Peabody, 6 Ja 05, p.8. Nev. Sparks, z6 Ja 05, p. 20.
b Mich. Bliss. Recommendation renewed for an extension of the
benefits of the state public school at Coldwater to crix>pled dependent
children, who are mentally sound, and for an increase in the age of
digibiHty to 14 years. 5 Ja 05, p. 24
c Tex. Lanham. "I am convinced that the Orphans Home needs
certain additions and improvements. . ." 12 Ja 05, p. 15
31S3 Defectives
a Del. Hunn, 3 Ja 05, p. 18. FUu Broward, School for Blind, Deaf
and Dumb, 4 Ap 05, p.28. Wy. Brooks, 11 Ja 05, p.20.
b Ark. Davis. Employment of teacher for deaf, dumb and blind
boy (only one in state) recommended. 11 Ja 05, p. 2 3-2 4
c Vt McCullough. ". , . The Governor by virtue of his office is
made commissioner of the deaf, dtunb and blind, and of the idiotic and
feeble-minded children of indigent parents. . ." 60o4,p.io
d W. Va. White. ". . . The question of the separation of the
blind youth from those who are deaf and dumb has been one which
has engaged the attention of the public for some years. . . I . . .
recommend that this Legislature pass a bill separating these two
classes and creatin g an institution for the education of the blind . . . "
II Ja 05, p.37-38
3x84 Deaf and duiob
3x86 State institutions
a Ark. Davis, Deaf Mute Institute, 11 Ja 05, p.20-23. Ind. Durbin,
relocation of Institution for the Deaf and Dtunb, 6 Ja 05, p. 2 5-26.
Okl. Ferguson, 10 Ja 05, p.27-28. U. Cutler, 10 Ja 05, p.22-23.
b Ark. Davis. ". . . I . . . recommend an appropriation
for ... a boys dormitory to the Deaf Mute Institute. . ."
II Ja OS, p.3
Blind. Insane
2x88-98 N. Y. STATE LIBRARY GOVERNORS MESSAGES I9O5
2188 Blind
a N. y. Higgins. **. . . I recommend that the Legislattire con-
tinue to consider the advisability of devising suitable means for the
industrial training of [the adult blind]. . ." 4 Ja 05, p. 11
2x91 State institutions
a U. Cutler, 10 Ja 05, p.22-23.
b HI. Yates. "I am led to believe that experience has not demon-
strated the wisdom of the present plan of the Industrial Home for the
Blind. The industrial department embraces but one trade, that of
broom making, which entails an annual loss of $200 per capita em-
ployed. I invite your careful consideration of this question, and of
the advisability of establishing instead, a rural home, or of abolishing
the institution and substituting some other system for the care of
blind persons who are willing to work." 4 Ja 05, p. 40
2X93 Insane
5«r also 60, State institutions
a CaL Pardee, 2 Ja 05, p. 28-29.
b N. Y. Higgins. "The management of the state hospitals for the
insane, 14 in ntunber, with a total ntunber of patients on October i,
1904, of 25,019, was completely centralized by legislation of 1902,
abolishing the boards of managers of the various hospitals and leav-
ing with the Commission in Lunacy complete jurisdiction, both as to
financial control and internal administration. The advantages of
centralized control of the financial operations of the hospitals are
evident. It is of the utmost importance, however, that this great
system of hospitals involving the exx>enditurc of so large a sum of
money annually and the care of so many thousands of peculiariy un-
fortunate and defenseless persons, should rest upon a broad baas of
public interest and public confidence, and should obtain the coopera-
tion of philanthropic citizens throughout the state. In my opin-
ion this can best be secuted by leaving the control of all financial
matters, as at present, in the hands of the commission, and by pro-
viding for each hospital a board of managers, in general charge,
through the superintendent, of the internal affairs of the hospital."
4 Ja 05, p.8
c W. Va. White. "The growth in the nimiber of colored insane in
the state in the last two years has been noticeable, and adequate pro-
vision has not been made by the Legislature for their care. Quite a
niunber of colored insane are today in the county jails throughout the
state, and have been for som6 time, because there is no room at Wes-
ton for them, where the only department for colored insane is
maintained. . ." 11 Ja 0$, p.44
2x98 State asylums
a An. Brodie, 16 Ja 05, p. 23. CoL Peabody, 6 Ja.05, p. 7-8. Heb.
Mickey, s Ja 05, p.28-29. Ncv. Sparks, 16 Ja 05, p.20. OkL Per-
CHARITIES
gttson, lo Ja*o5, p. 13. S. C. Heyward, xo Ja 05, p.23-33. U. Cut-
ler, 10 Ja 05, p.18-19. Vt McCullough, 6 O 04, p. 14-15. W. Va.
White, II Ja 05, p.44-45. Wy. Brooks, 11 Ja ©5, p. 18.
Ark. Davis. *'I . . . recommend ... an appropriation
for ... a permanent home for the inctirable insane. . . One
half, if not two thirds of the population of our present asylum are
hopelessly incurable ; all they need is a home for their confinement. . . "
II Ja 05, P.4-S
Ark. Davis. Operating room for insane asylum recommended.
II Ja 05, p.6-7
Fla. Broward. ". . . I recommend that your careful considera-
tion be given to the recommendation of the superintendent as to the
necessity for more accommodations for the increase of patients at the
hospital. And it seems to me essential that every provision should
be made for the proper separation of the races as therein
recommended. . ." 4 Ap 05, p.30
IiL Gooding. Erection of asyltmi in northern part of state recom-
• mended. 5 Ja 05, p.7-8
Ind. Durbin. "The most serious problem presented, and one which
presses for immediate solution, is that involved in the inadequacy of
our institutions for the insane to provide for those whose care is a duty
of the state. The state is committed to the care of the insane by the
Constitution itself. . . The estimated ntunber of insane persons
in Indiana, including the incurable, for whom provision needs to be
made by the state, is about 600. By increasing the capacity of the
northern, eastern and southern hospitals to 1000 beds each, and re-
arranging the hospital districts in such manner as to distribute the
insane in accordance with this readjustment, additional accommo-
dations may be had for about 800 patients, which would relieve the
situation for the present and 10 years to come. . ."
6 Ja 05, p. 19-20
Ind. Hanly. Additional hospital for the insane advocated.
9 Ja OS, p.6-7
llasB. Douglas. "In order to gradually relieve the overcrowded
condition of the state institutions for the insane, something should be
done each year in excess of the minimtmi requirement. . . Ap-
propriations should be made to provide additional accommodation,
in connection with existing state institutions for the insane, for 500
patients." 5 Ja 05, p.45
Mich. Bliss. Increased accommodations needed. Existing in-
stitutions should be enlarged rather than a new institution created.
S Ja OS, p.ii-12
Iflnn. Johnson. ". . . Our hospitals for insane should be
placed on the high plane of general hospitals and they should be re-
lieved so far as possible of the incubus of the incurable inmates who
only require, personal care, but whose presence means the crowding
out of those who need and might be benefited by medical treatment.
I would call your attention to the advisability of providing nurses
azgS-aaos N. y. state library governors messages 1905
homes at the various hospitals. . . I would also direct 3rour at-
tention to the need of providing a place at the State Prison for the
retention of the criminal insane as well as the insane criminal. . ."
4 Ja oS, p.iS-16
k N. H. McLane. "You will be called upon to consider the ur^gent
need of additional buildings to properly care for a large and con-
stantly increasing number of patients desiring admission to the State
Hospital. . ." 5 Ja 05, p.6
m N, T. Higgins. "The present overcrowding of the state hospitals
. . . makes it imperative to take action during the coming session
for a material enlargement of the state hospital accommodations. . .
In increasing the accommodations in existing institutions the im-
portance of providing for each state hospital a building especially
adapted to the treatment of acute insanity should always be borne in
mind." 4 Ja 05, p.8
n N. D. White. "The Hospital for Insane ... is now very
badly crowded and provisions must be made for an increase of
room. . ." 4 Ja 05, p. 14
aaoa Support Right of admission
a N. T. Higgins. ". . . The rapid growth in the population of
the insane hospitals since the adoption of the state care act is not en«
tirely due to the increase in insanity in the state, but may to some ex-
tent be attributed to the practice of commitment of senile or feeble-
minded relatives to the state institutions at the instance of those who
are properly chargeable with their support. I recommend that be-
fore any insane person is permanently received as a state charge, the
question be judicially investigated and determined whether such per-
son is a pauper without relatives chai^geable with his support and able
to contribute thereto. . ." 4 Ja 05, p.9
2204 State support
a Minn. Van Sant. "On assimung office in 1901, and again in 1903,
I urged that the counties sending patients to our insane hospitals
should pay one half the expense of their maintenance. I claim that
while this would not to any great extent decrease the cost, it would
have a tendency to the exercise of greater caution in making com*
mitments. . ." 4 Ja 05, p.ia
2205 Inquest. Commitment Discharge
a Del. Hunn. ". . . It would be well to create a lunacy com-
mission in each cotmty, with sole x>ower of passing upon the mental
condition of applicants for admission to the hospital [at Pamhurst],
and thereby avoid the favoritism inseparable from the present pro-
cedure, which, through the environment and the influence surround-
ing the individual physician, crowds the institution with inmates not
contemplated by law. . . It should be borne in mind that alms-
houses are maintained in each county for the sick and the destitute.
Epileptics. Feebla-xninded
CHARITIES 2205-18
while the State Hospital at Famhtirst, is primarily an institution for
the cure of those afficted with mental disorders only." 3 Ja 05, p. 17
b OkL Ferguson. **. . . It is . . . recommended that the law
governing the powers of the county insanity boards be amended and
that a restriction be placed upon the liberties too often assumed by
said boards in sending persons who are not insane to the asylum to be
cared for at territorial expense." 10 Ja 05, p. 14
22x0 . Epileptics
2213 State asylum and colonies
a Ct. Roberts. State colony for epileptics advocated by Connecticut
Medical Society. 4 Ja 05, p. 25-26
b Ind. Durbin. Report of commission on establishment of a colony for
epileptics. 6 Ja 05, p.20-21
c Ind. Hanly. Establishment of an epileptic institute advocated.
9 Ja 05, p. 7-9
d Mich. Bliss. "I again direct attention to the subject of making
provision for the care of the epileptic separate from the insane and the
feeble-minded, something along the line adopted by the state of New
York in the Craig colony system. . ." 5 Ja 05, p. 12
2215 Feeble-minded
a Del. Hunn. Recommendation renewed as to state care of idiotic
children. 3 Ja 05, p. 18
b Id. Gooding. Some system of state care should be provided.
5 Ja 05, p.8
c m. Yates. "The attention of the Legislature has been called in
the past to the menace to the community involved in allowing feeble-
minded women of child-bearing age to be at large. . ."
4 Ja 05, p.39
2218 State institutions
a N. H. McLane, 5 Ja 05, p.8. Wis. La Follette, 12 Ja 05, p.90.
b Mass. Douglas. "The need of extension of accommodation in con-
nection with the School for the Feeble-minded at Waltham is very
urgent. . ." 5 Ja 05, p.45
c Neb. Mickey. "The Institute for the Feeble Minded is in a very
crowded condition. . . I recommend an appropriation of $20,000
for the purpose of erecting a cottage for the girls, as an adjunct of this
institution. . ." S Ja 05, p. 28
d H. y. Higgtns. "The most urgent need in connection with the
state charitable institutions appears to be that of additional accommo-
dations for the feeble-minded, at the institutions at Newark and
Rome. - ." 4 Ja 05, p.9
Elementary aiid .8econd|U7
3230-9$ N. Y. STATE LIBRARY (GOVERNORS MESSAGES I905
^^^^' . Education. Science. Culture
Set also 3184. Deaf and dumb; 2188. Blind
a Fla. Broward. ". . . I . . . recommend that a com-
mittee be . . . selected . . . for the purpose of formulating
and codifying the school laws into a uniform system, embracing the
whole scheme of our public education, from the common schools to
our higher institutions of learning, with special reference to a more
exact and accurate system of accotmting and devising a proper chedc
upon all school receipts and expenditures.'* 4 Ap 05, p. 26
b Ind. Durbin. '*. . . The tendency toward making our educa-
tional system 'top heavy' by accentuating the claim upon the pub-
lic of the high school and university, rather than the common school,
is to be deplored. . ." 6 Ja 05, p.41
3223 Elementary and secondary education
a Ct. Roberts, 4 Ja 05, p.30-36. Fla. Broward, 4 Ap 05, p.23-26.
Minn. Van Sant, 4 Ja 05, p.27-28. N. H. McLane, s Ja 05, p.12-13.
TX. M. Otero, 16 Ja 05, p. 13-17. N. Y. Higgins, education. 4 Ja 05,
p. 18-20. Okl. Fei^guson, 11 Ja 05, p.23. Or. Chamberlain, 11 Ja
oS, p.9-12. S. D. Herreid, 3 Ja 05, p.18-19. Tenn. Frazicr, 3 Ja
05, p.2. Tex. Lanham, 12 Ja 05, p.i8. U. Cutler. 10 Ja 05, p.12.
Vt Bell, 6 O 04, p.3. W. Va. White, 11 Ja 05, p.29-39.
Wis. LaFollette, 12 Jaos, p.8i-86. Wy. Brooks, 11 Ja 05, p.8.
b Fla. Broward. Teachers should be required to make detailed re-
ports to the county superintendents and they to the State Superin-
tendent. 4 Ap 05, p. 25-26
c Minn. Johnson. '*The branch of our educational system which
demands the most careful attention, and in which there is yet great
room for improvement and advancement, is the rural school. . .
By reason of the primitive method still employed, the pupils attendant
upon the rural schools lack the advantage of well constructed build-
ings, adequate books and library, trained and experienced teachers,
and in addition thereto, are subject to the disadvantage of living
remote from the schoolhouse. . ." 4 J& 0$, p.6
d N. M. Otero. "In order to secure uniformity of practice, as is
done in other states, the Superintendent of Public Instruction, in
addition to editing the school law as now provided, should be em-
powered to place his interpretation upon its meaning and this inter-
pretation should be made just as effective as the law itself."
16 Ja 05, p.i5
e W. Va. White. **. . . I join in the recommendation [of the
State Superintendent] that a commission be appointed by the Legis-
lature to thoroughly revise and imify the code of laws relating to the
public schools." 11 Ja 0$, p.jj
f W. Va. Dawson. '*. . . I would not quite say that we axe
spending too much money on higher education, but I dare to
EDUCATION
that i^e are spending too much money on higher education compared
to the amount yre are spending for common school education. We
should provide means for a longer term of school, for better pay to
the teachers in the common schools, and whereby there could be main-
tained in every county at least one high school, and have a system of
public education which should begin in the rural district school and
end in the State University." ... 4 Mr 05, p.6
1127 Districts. Formation. Division. Consolidation
See also 3272, Consolidation of schools
a W. Va. White. "It has seemed to me that if the coimty were
made the unit of taxation for school purposes, or that part of it out-
side of independent school districts, better results would possibly be
reached." - 11 Ja 05, p.31
aaaS Officers. Boards
a Del. Hunn. "The school law should be amended so that no com-
missioner or clerk shall be eligible to the position of teacher, and fur-
ther amended by imposing a severe penalty upon any clerk of a school
district who wilfully refuses to comply with the law governing the
discharge of his duties, thereby intentionally robbing the district of
its dividend. Better provisions should be made for the meeting
places of the county school commissions, and their compensation
should be increased to $100 per aimtim. . ." 3 Ja 05, p. 12
3239 State
a ArL Brodie, 16 Ja 05, p.17. Minn. Johnson, 4 Ja 05, p.7.
b ArL Brodie. Payment of expenses and per diem of members of
Board of Education recommended. 16 Ja 05, p. 18
c Kan. Hoch. "I have never been able to see the importance of
the two separate boards known respectively as the State Board of
Education and the State Textbook Commission, and I recommend
the consolidation of these two boards into a board to be known as the
State Board of Education, to be composed of five members, and con-
stituted as follows: The State Superintendent of Public Instruction,
the chancellor of the State University, the president of the State
Normal School, the president of the State Agricultural College, and
the fifth member to be selected by these four gentlemen in connection
with the Governor of the state ; this board to perform all the duties of
the two boards named above, and to receive such compensation as
you may decide. . ." 10 Ja 05, p.20-21
d H.M.Otero. ". . . I . . . recommend . . . that the
office of assistant superintendent of public instruction be created. . ."
16 JaoS, P.14-1S
e Ws. La FoUette. "It is worthy your consideration whether you
should not enact legislation providing for an inspector or inspectors
of rural schools, who shall be given large discretionary powers in con-
demning unstxitable schoolhouses, who shall consult with the school
district officers upon matters pertaining to their duties, and to the
Officers
3330-31 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
proper management of school affairs, who shall act as a state agent in
the enforcement of compulsory education law, and who shall by lee-
ttires and in conventions interest teachers and parents in the education
of their children." 12 Ja 05, p.83
2230 County
a Ark. Davis. ". . . I want to warn you [against] a sentiment
which has been fostered ... by the educational departments of
our commonwealth . . . and that is the question of county
superintendency. . . The proposition which has been made here-
tofore looks to the centralization of power in school matters into the
hands of the Superintendent of Public Instruction of this state, giving
him too much leverage and too much dictation along these lines and
would permit him to build up a free school 'machine' that would
make the so called political 'machine' of the day pale into insignifi-
cance. . . " II Ja 05, p.44-45
b Minn. Johnson. ". . . Salaries [of county superintendents]
should be at least commensurate with those of other county officers,
and with those of school supervisors in cities who do a like amount of
work, and in return for a proper compensation, there should be some
requirement which would guarantee professional service in the super-
vision of our rural schools. Believing that the educational system of
our state should be divorced from partisan politics as far as possible,
and that superintendents should be chosen because of their educational
qualifications instead of their partizan politics, I would urge and rec-
ommend such changes in our laws as would provide a county board of
education whose duty wovdd include the appointment of a county
superintendent and such other school duties only as are now performed
by the board of county commissioners." 4 Ja 0$, p.7
c N. C. Glenn. ". . . Many counties desire that the Board of
Education be elected by the people instead of appointed, and, this
being a principle of democracy, is commended to your consider-
ation." II Jao5, p.8
d W. Va. White. "It is hardly possible for the district schools to
equal the city schools in efficiency and system without the advantages
of such supervision as are afforded the city schools ... it yviXk
therefore be necessary to increase the salaries of our county super-
intendents, or have some other system of supervision. . ."
II Jaos, p.3a
2231 District, township and municipal
a Ct. Roberts. "The supervision act of 1903 was of the very highest
importance and utility. Under this act the school officers of any town
may appoint and pay a superintendent; supervision districts may be
formed and the resources of two or more towns be united for the main-
tenance of a supervisory system; a special provision extends the
benefits to smaller towns having 10 teachers. In the past year super-
visors have been appointed for nine towns, at an expense to the state
of $1370." 4 Ja 05. p.34
School finance
EDUCATION 2333-40
2233 BiiiklingB. Grounds
a Hev. Sparks, 16 Ja 05, p. 19.
b DeL Hunn. " . . . the state shotild appropriate money for
the repair or even the erection anew of school buildings for both white
and colored schools, when by reason of the scarcity of numbers and
the poverty of the districts they are unable to do it themselves."
3 Ja 05, p.i2
c ICnn. Johnson. ". . . I suggest that there is much occasion
for improvement in our rural schoolhouses with regard to heating,
lighting and ventilation, with a view to the greater comfort of the
pupils. To secure this result I would recommend the adoption of
some general plan whereby all rural schoolhouses should be con-
structed in the future upon plans submitted to and approved by com-
petent authority. . ." 4 Ja 05, p.6
d S. C. Heyward. "Superintendent Martin recommends that a cer-
tain per cent of the school funds be set aside for the erection of school
buildings by the county boards of education, and in this recommen-
dation I heartily concur. . ." xo Ja 05, p.9
2234 Plans
a Tenn. Frazier. ". . . This most important feature of public
education would be greatly aided, and the class of school buildings
substantially improved, if the Superintendent of Public Instruction
of the state was authorized to have prepared and issued free to the
county superintendents of the state, for use in the school districts, a
pamphlet giving plans and specifications for several different grades
of modem schoolhouses, varying in cost from $300 to $5000. . . "
3 Ja OS, p.8
2235 Sanitation
a Ind. Durbin. Schoolhouses hereafter built should be required to
conform to natural sanitary laws. 6 Ja 07, p.30
2237 General school finance
For finances of state educational institutions, see 3333
2239 State and local
2240 Funds. Lands. Taxes
5W also 774* Public lands
a CoL Peabody, 6 Ja 05, p.13. Fla. Broward, 4 Ap 05, p.16-20. Okl.
Ferguson, School Land Department, lo Ja 05, p.ii-12. S. D. Her-
rcid. Department of School and Public Lands, 3 Ja 05, p. 24. Tex.
Lanham, available school fund, 12 Ja 05, p. 16. Tex. Lanham, school
mineral lands, 12 Ja 05, p. 16. IT. Cutler, 10 Ja 05, p. 11. Wis. La
Pollette, 12 Ja 05, p.84-85.
b Kan. Hoch. ". . . There are yet unsold school lands approxi-
mating X, 000 ,000 acres, located chiefly in the western half of the state.
Sdiool flmnce
3340 - N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
Under the law these lands are on the market at the minimum price of
$1.25 per acre. These school lands shotild either be withdrawn from
market or the price at which th^y will be sold increased commensur-
ate with the growth and development of that country. . .*'
10 Ja 05. p.7
c MiclL Bliss. ". . . The constitutional and statutory provisions
authorizing the primary school -interest fund and one mill tax were
wise in their inception, but modem conditions have made the results
of these statutes almost a menace in some localities. The funds
derived from these sources can be used for teachers' wages only, and
the records in the office of the Department of Public Instruction show
that more than 1200 districts in the state, during the past year, re-
ceived from the primary school interest fund and i. mill tax, more
money than could be expended ... In certain portions of the state
the supervisors do not assess the i mill tax, and in view of the situa-
tion I recommend the, repeal of the statute providing for its assess-
ment, and I also renew my former recommendation along the line of
a constitutional enactment limiting the amount of the primary school
interest fund." 5 Ja 05, p. 17-18
d Minn. Van Sant. '* It is especially gratifying to state that the per-
manent school fund now amounts to $15,978,477.66, guaranteeing free
education to our children for all time to come. It is safe to predict
that when all our school lands are sold, our timber disposed of, and 'all
the royalty from our mineral lands secured, this sum will amount to
$50,000,000, and it may even reach the 75 million mark. . ."
4 Ja OS. p.27
e N. J. Murphy. ". the state has established a policy of
making an appropriation of 35 % of the amount of the school tax to its
various mtuiicipalities. . . The present condition of our finances
justifies increasing the appropriation for this purpose to 509^. . ."
10 Ja 05, p.i8
f Tenn« Frazier. Recommendations regarding state school fund.
3 Ja 05. p.3-7
g W. Va. White. "An . . . amendment . . . which will
sooner or later be necessary, is an amendment striking out from sec-
tion 4, of article XII, in regard to education (requiring certain rev-
enues to go into the existing permanent and invested school fund),
the sentence reading: 'The proceeds of any taxes that may be levied
on the revenues of any corporation.* Such an amendment is not
intended to impair in any way the amount of contributions the state
has made or may make to the schools of the state, but to permit of
this method of taxation without making it avaflable for any partica-
lar fund , leaving to the Legisature the distribution of the revenues. . .
The proposed amendment, if submitted and adopted, will give the
Legislature a freer and better rein, and will enable it to tax some cor-
porations in a different manner from that now employed and upon a
more equitable and just system, both to the corporations and to the
state." IX Ja 05, p.aj
School fbuOktt
' ' -' ' ' EiHrcATioic • '• * • -^'- ' ''■' •- '2aafi
"^iM^ ljK¥eBtBiexit of ftmds
«L Bev. Sparks, i6 Ja oS, p.6-7, 17. S. D. Elrod, 3 Ja 05, p.4.
b CaL Pardee. "One of the pieces of legislation of the last session
which has been followed by good results is the act authorizing the
pufchase of municipal and school district bonds for the permanent
school fund, which previous to that time could be invested only in
honds of the United States, the state, and the cotmties. . ."
a Ja 05, p.8
c Id. Gooding. ". . . I recommend that the interest [on farm
loans] be reduced from 7 to $%-** 5 Ja 05, p.20
d H. T. Higgins. ". . The United States deposit fund is dis-^
tributed in the care of 1 2 a loan commissioners, two in each county. It
is loaned on real estate mortgages on improved lands worth double
the amotmt applied for, exclusive of buildings. With the lapse of 60
years the benefits to be derived from distributing loans of small
amounts in remote districts have become legendary and the method
proves to be antiquated, expensive and inefficient for the purpose. . .
The average net rate of interest on loan commissioners' mortgages
since the year 1895 is 2.2%. During the same period the net rate of
interest received on municipal bonds held by the Comptroller is
3-7 S%- • . The tendency appears to be that this trust fund will
become an annual charge upon the taxpayers, instead of an aid, unless
some remedy is provided. I therefore recommend that the present
system of investments be changed and that the fund be held and
managed under the supervision of the Comptroller's office in some
such manner as the common school ftmd and literature fund now are
held and managed." 4 Ja 05, p. 3 6-2 7
e H. D. Sarles. "The rapid increase in the common school and state
institution permanent fund is a matter that should engage your atten-
tion. It should be your care to make provision for other safe and
secure investments ... so that the state's trust be kept, the
greatest revenue be returned to the schools and institutions, and,
eventually, a large share of the debts of the state, its municipal sub-
divisions, and of the farmers themselves, through loans on their land,
shall be held by the state, in its permanent school funds. Thus the
interest charges paid by the state and its people would accrue to the
benefit of the schools and institutions and they be largely supported
by a sort of indirect tax. . .** 4 Ja 05, p.7-8
f H. D, White. "I desire to call your attention to the report of the
Commissioner of the Land Department, especially to the matter of
the investxnent of the endowment funds. . . There has been nearly
$1,000,000 invested during the period covered by the report. To do
this the Board of University and School Lands has gone into the
market and bought all the school bonds of the state that it could
buy at a price to net 4% and state bonds to net 3 J %. . . If our law
was amended permitting the board to purchase farm mortgages and
limiting the amount loaned to one person to one third of the ap-
praised value of the property, all of our money could be gotten out at
negroes
2342-46 K. Y. STATE UBRASY GOVERNORS MESSAGES I905
a rate to net us 6%. Unless some amendment is made a considerable
amount of our money must remain uninvested." 4 Ja 05, p. 2 2
2242 Apportionment
a Cal. Pardee. ". . we have these rather anomalous condi-
tions: (ist) the poorer and more sparsely settled counties of the state,
as a rule, get less of the state's money per teacher than do the rich
and thickly settled counties, the amount varying between $249 in
Alpine county and $783 in San Francisco; (2d) we find that the poor
and sparsely settled counties have to pay, in common with all the other
counties, a fixed tax into the state tresisury — last year this tax was
17} c per $100 assessed valuation. In addition to that, the poor
counties have to raise, relatively, very large county funds to eke out
the school money they receive from the state. Mono county, for
instance, paid 67} c last year to support the schools; while San Fran-
cisco paid but 24^ c. . . I . . . recommend ... a com-
plete revision of the method whereby the state's school money is dis-
tributed to the counties, to the end that a more equitable division
thereof may be made." 2 Ja 05, p. 2 1-22
2244 County, district and municipal
a Col. Peabody. "The extension of the power of county superin-
tendents to enable them to act as auditors of school warrants, is an
important recommendation made by the retiring superintendent."
6 Ja OS, p.13
b W. Va. White. '*. . . We have certainly reached the point
where the state should require every district to maintain public schools
without any question, and the old form of voting as to whether or not
we shall have schools should be done away with." 11 Ja 05, p.33
2246 Ifegroes
See also a247t >33o
a Ark. Davis. ". . . A negro is not susceptible of higher educa-
tion, he is not susceptible of higher moral culture. A negro is a ser-
vant made so by God Almighty, bred and bom as such, and no matter
with what tender solicitude we attempt to raise him from his position.
he is but a servant still. Attempted education proves harmful rather
than beneficial, so I have come to the point where I, for one. am
willing to step out and say, 'From this day forward let the negroes
in Arkansas educate themselves.* . . . I . . . recommend that
. . . you pass . . . law, segregating the school taxes . . .
so that the negroes may not receive the benefit of the taxes collected
from the property of the white people of the state. . ."
II Ja 05, p,34-37
b Del. Hunn. "Previous appropriations for the repair of the old
schoolhouses and erection of new ones for the use of colored schools
has been of great benefit, and should be continued until commodious
Teachers
EDUCATION 324^54
and properly furnished buildings for the use of this class of our citizen-
ship, are found throughout the state." 3 Ja 05, p.xa
c DeL Hunn. The State College for Colored Students is well con-
ducted and creditable in every way, and the results to be garnered in
the future will prove of incalculable advantage to this state by the
infusion of the leaven of education, and the inculcation of moiaUty,
knowledge of mechanics and mental development among the most
ignorant class in the commonwealth. . . It took, I suspect, the
remote ancestors of a Gladstone some centuries to get away from the
caves as a dwelling place, and from implements of stone, to the stately
palace at Haawarden, and the mechanical devices of our own time."
3 Ja 05, p.13
d N. C. Glenn. ". . . Educate whites and negroes alike, and
what will you do with the negro? Will you put him in your business
houses or make him your social equal? Of coui^ not. But by thtis
educating him you unfit him for his station, put desires in his head
that he can never obtain, and render him unhappy and discon-
tented. . . lliis people shotild be given proper school education,
suitable for their present needs, and changed in accordance with their
future advancement, taught how to work and provided with
places suitable for their work. . . Answering the oft
asked qis.estion, what proportion of taxes should be allowed the
negro for his education, I desire to say that I dissent most emphati-
cally from the views of those who demand that the school ftmd ^ould
be distributed per capita between the white children and the negro
children ; neither do I agree with those who would 'shut the door of hope*
in the face of the negro by giving him only the taxes accruing from his
own property; but, with a due regard for what each race pays, and
knowing that more funds are required for white teachers and white
schools, taxes for schools should be divided 'in that manner which is
equitable and just,* giving to the schools of each race a distribution
of the funds in accord with their just needs and requirements. This
equitable division is already made in many counties, but should be
alike in all. . .*' 11 Ja 05, p.io-ii
2247 Teachers
a N. H. McLane. ". . . The profession of teaching should be
surrounded with such conditions of compensation and security as to
make it attractive to the strongest of our yoimg men and young
women. To this end we should in the near future make more adequate
provision for the normal training of the graduates of our high schools
and acadenues. . .** 5 Ja 05, p.13
3254 Salaries
a CaL Pardee. Pay of teachers shotild be increased.
2 Ja oS, p.20-21
b CoL Peabody. ". . . A minimum salary for teachers should
be fixed at living wages by the proper authorities.** 6 Ja 05, p.13
Teachers
2254-64 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
c Ind. Durbin. "The wages ordinarily paid teachers in the common
schools are not such as to encourage men and women of talent and am-
bition to remain in the service of the state as teadiers. . . "
6 Ja 05, p.41-42
d W. Va. White. "The salaries paid teachers are notoriously low
in many sections of the state. . .** iiJao5,p.32
3358 Qualifications
a S. D. Herreid. ". . . I now beHeve the time has arrived for
legislation requiring a diploma of graduation from a normal school or
oUier institution having a normal course approved by the Superin-
tendent of Public Instruction, as a prerequisite to obtaining a teachers
certificate or license to teach in the public schools; such a law to take
effect at some future time. . ." 3 Ja 05, p. 20
b U. Cutler. "Under the present system of examining teachers, it
often happens that there is a variety of standards of excellence, dif-
fering according to the views of the various examining boards. . . It
would be well for a state board of examiners of teachers to be created,
whose duty it shall be to prepare examination questions, and also to
grade the papers of applicants, no matter in what part of the state the
examination has taken place. . ." 10 Ja 05, p. 13
c Wis. La Follette. *'. . . Your attention is directed to an act
of the Legislature passed in 1897, requiring from those writing teachers
examinations the payment of $1 for the privilege. Previous to this
enactment hundreds of advanced pupils in the public schools wrote
examinations for the purpose of testing their knowledge. . . It
would seem that these examinations should have an educational
stimtilus and value for the young men and women taking them that
the state can not afford to lose. . ." 12 Ja 05, p.84
2263 Institutes
a S. D. Herreid. "The county teachers institute is an inheritance
from a period which antedates the modem normal school. . . With
ntunerous easily accessible normal schools, and colleges giving special
attention to the training of teachers, the pathetic efforts of county
institutes to impart elementary training — ^to do in two weeks what the
normal school does in two years — ^is a waste of time, energy and
money. . . The county institute shotild be limited to five daya and
the work should be upon purely 'inspirational lines.' "
3 JaoS. p.90-21
b Tenn. Frazier. ". . . I . . . recommend that cotinty su-
perintendents be compelled by law to hold at least one county in-
stitute of not less than one week's duration annually, and that the
teachers of the county be required to attend." 3 J& 05, p.9
3264 Training classes
a Mich. Bliss, 5 Ja 05, p. 17.
b Wis. La Follette. "There are now seven ootmty training schools
for teachers supported in part by the state. . . I would recom-
-BDUCATION-
mend that the statute limiting the number be so amended as to pro-
vide for at least three or foisx more such schools. . ."
12 Ja 05, p.86
nfi6 normal schools
a AxL Brodie, 16 Ja 05, P.2S-26. Cal. Pardee, 2 Ja 05, p.22. CoL
Peabody, 6 Ja 05, p. 10. Kan. Hoch, Western Branch Normal School,
10 Ja OS, p. 1 6. Tenn. Frazier, Peabody College for Teachers, 3 Ja
05, p.9-10. U. Cutler, 10 Ja 05. p. 15. Wis. La Follette, 12 Ja 05, p.85.
b Kan. Hoch. "The new manual training auxiliary to the State
Normal School, provided for by the last Legislattire, is now in success-
ful operation at Pittsburg. . .'* 10 Ja 05, p. 16
c Old. Ferguson. '*. . . But as our graded and high schools ad-
vance in influence and utility, the normal schools will be relieved of
much of the work which is now being done by them, and will be given
an opportunity to devote more of their energy to professional work —
the real purpose of a normal school." 10 Ja 05, p. 2 6
d Or. Chamberlain. "In my first message to the Legislature I rec-
ommended the abolishment of at least two of the normal schools of the
state. Instead of heeding this recommendation a bill was passed but
vetoed by me creating an additional one. . . ... By
placing all the normal schools imder a single board of regents with a
uniform course of study for all, and basing appropriations upon the
number of qualified students satisfactorily completing a full year's
work in the prescribed course, the state would obviate the manifest
injustice and inequalities in the present system. *' 1 1 Ja 05 , p.i i-i 2
e Tex. Lanham. **. . . What [the Superintendent of Public In-
struction] . . . says concerning the discontinuance of the man-
ner in which appointments of students are made and scholarships
awarded to those who attend our state normal schools and the sub-
vention of $50 by way of encouraging applications for admission, de-
serves particular notice. . . Would it not be better to open the
doors of these normal schools for the entrance of every one desiring
the opportunities therein afforded upon an equal footing and without
reference to appointment by a member of the Legislature, State Board
of Education or the Superintendent of Public Instruction? Why
should a subsidy be allowed a student in a Normal School and not fur-
nished one who attends the University or the Agriciiltural and Me-
chanical CoUege? . . ." 12 Ja 05, p.18-19
2267 Attendance
2370 Compulsory attendance. Xraancy
5m tUse a 1x8, Employment (children)
a Kan. Hoch. ". . . I want to call your attention to an alarm-
ing result of a recent legislative enactment known as the ** truancy
1«w." Many boys guilty of truancy have been ordered to the Boys
Attendance
2270-72 N. Y. STATE UBRASY GOVERNORS MESSAGES I905
Industrial School by the county courts, greatly to the damage of that
institution and to the boys guilty of these offenses. . ."
10 Ja 05, p.8
b S. C. He3rward. ". . . More than 30 states have adopted com-
pulsory education, and we shotild now seriously consider whether we
can longer afford to postpone taking such a step. . children
should not be compelled to attend schools so far from their homes that
attendance would be a hardship, nor should the age limit for compul-
sory education be too drastic. . . I reconmiend that you adopt a
compulsory education law, making it obligatory for all children be-
tween the ages of 8 and 1 2 years to attend school for a certain nxmiber
of months during each year. . ." 10 Ja 05, p.ii
c U. S. Roosevelt. "It is mortifying to remember that Washington
has no compulsory school attendance law and that careful inquiries
indicate the habitual absence from school of some 25% of all children
between the ages of 8 and 14. . ." 6 D 04, p.12
2272 Place of attendance. Conveyance of pupils. Consolidation of schoob
S09 also 9997, Districts
a Del. Htmn. "Immediate steps should be taken to authorize by
law the centralization of rural schools, and the necessary appropri-
ation made to secure the conveyance of pupils to and from these cen-
tralized schoolhouses. . ." 3 Ja ©S, p.ii
b Mich. Bliss. ". . . I conunend the action taken in Genesee
and Kalamazoo counties in regard to the centralization of rural
schools, affording two excellent examples of consolidated school
districts. . .** 5 Ja 05, p.17
c N. M. Otero. "Financial limitations will not permit such schools
to be erected and maintained in the majority of precincts, but in other
conmionwealths the plan of several precincts going together and build-
ing a central grammar or high school, has proved successftd and some
of the wealthier rural precincts of the territory might soon take steps
in that direction, if legislation broad enough to permit this is en-
acted." 16 Ja 05, p.i6
d N.C.Glenn. " Consolidation of small districts . . . should be
encouraged, tmless it works a hardship on a particular locality or de-
prives children of attending school. . .'* iiJao5,p.8
e Vt Bell. "In view of the widely scattered condition of our ruiral
communities, I am of the opinion that it would be a step in the right
direction for many towns to look toward a central school, to which all
pupils can be brought, thus making it possible to give them the bene-
fits of the better educational advantages thus afforded at a slight in-
crease of cost. . . In such a school, ^ith so much of nature all
about, the science of agriculture should be prominently taught, in
order that the pupil may better understand the deeper meaning i^nH
influence of home environments and advantages. . ." 6 O 04, p.3
Curriculum
EDUCATION 3272-13x0
f Wis. La Follette. ". . . It is evident that the benefits fol-
lowing the successful centralization of rural education would be far-
reaching. . ." 12 Ja oS, p.83
1275 School year, month, day
a W. Va. White. •*. . . I am heartily in accord with his [State
Superintendent of Free Schools] recommendation that the Legislature
should increase the minimum school term to sue months at least."
II Jao5,p.3i
2277 Students. Discipline
2281 Physical condition. Medical inspection
a U. Cutler. ** Means shotdd . . . be employed, through the proper
instruction of the teachers, to prevent the spread of contagion in the
schools. Sight and hearing among the pupils of the public schools are
often defective, and parents and teachers are not aware of the extent
of these defects. If a thorough system of testing all school children
in these important partictdars can be adopted, it will doubtless be
productive of great good." 10 Ja 05, p.24-25
22S2 Textbooks. Supplies
5«<r also 2360. School libraries
2283 Free textbooks
a Ark. Davis. Free textbooks shotdd be provided by the districts.
II Jao5,p.42-44
2284 Uniformity
a FUl Broward. "I . . . recommend the adoption by the
state of a uniform system of textbooks for the state. . . My
information is that, imder the uniform school book system, which
system has been adopted by all of the southern states except Florida
and Arkansas, and also adopted by other states, a saving to the child-
ren in money of 25 or 30% is the result of the adoption in those states
of the uniform school book system." 4 Ap 05, p. 2 7
2288 Curriculum
a Fla. Broward. "I . . . recommend that a conservative out-
line or course of study be . . . prepared for the guidance of our
teachers and school officers . . . by the State Superintendent. . .**
4 Ap 05, p.26
b Or. Chamberlain. ". . . Steps shotdd be taken now looking to
such a reduction in the number of textbooks in the public schools that
when a pupil finishes the highest established grades it can be safely
assumed he has thoroughly mastered every subject taught therein.'*
II Ja OS, P-ii
2310 Physiology. Alcohol. Narcotics
a Ind. Durbin. Hygiene should be taught in schools. 6 Ja 05, p.30
Higher education
2310-32
K. Y. STATE LIBRARY GOVERNORS MESSAGES I905
23x6
2327
2328
2330
2333
a
U. Cutler. ". . . A course in sanitation should be established
in the State Normal School, for the instruction of teachers, and in
the public schools for the benefit of the pupils." xo Ja 05, p.94
U. Cutler. "Greater care should be taken in the instruction of the
children regarding the harmful effects of narcotics." 10 Ja 05, p. a 5
Special kinds of schools
See also 2x84, Deaf and dumb; az88, Blind; 3366, Normal schools; 2349. Pro-
fessional and technical education
2319 Evening schools
a S. C. Heyivard. Establishment of night schools recommended.
10 Ja 05, p.9
High schools and academies
U. Cutler. '*The State Superintendent of Public Instruction
makes the recommendation that a greater number of rural high
schools be established as rapidly as possible. . . " i o Ja 05 , p. 1 2-1 3
W. Va. White. "Recent reports show how few high schools are
to be found in West Virginia, and recent material advancement em-
phasizes the demand for such schools. With proper management of
their finances many of the districts of the state could build and main-
tain such schools, and boards of education should be authorized to
do so, even if the state can not at present meet them halfway with
an appropriation to assist in building such schools. . ."
II Ja OS, p.3a
State aid
a S. D. Herreid. State aid to high schools recommended.
3 Ja oS, p. 21-22
2329 Academies
a N. H. McLane. ". . . The academies, under the recent high
school law, are becoming more and more the public high schools of
the towns round about them and the opportunity thus opened to
the children of these towns must be of incalculable benefit to them
and to the state.'* 5 Ja 05, p. 12
Higher education
state institutions (general)
• An. Brodie, State University, 1 6 Ja 05 , p.24. Ark. Davis, Dormitories
and other buildings of State College should be improved, 11 Ja 05,
p.30-32. Cal. Pardee, State University, 2 Ja 05, p.22-23. CoL Pea-
body, 6 Ja 05, p. 9-10. Fla, Broward, 4 Ap 05, p.21-22. Id. Gooding,
Sjaos.p.ii. Kan. Hoch, 10 Jaos.p.is, 17. Mich. Warner, 5 Ja 05,
p.ii-12. Neb. Mickey, 5 Ja 05, p. 17-18. Nev. Sparks, 16 Ja 05, p. 19.
N. H. McLane, Dartmouth College, 5 Ja 05, p. 14. Okl. Ferguson,
10 Ja OS, p.24. Or. Chamberlain, 11 Ja 05, p. 11. S. C. Heyward,
Hitler education
^ ^ ' EDUCATION ' :.' V .-: 2332-34
xo }a OS, p.7. S. D. Herreid, 3 Ja 05, p. 19-20. Tex. Lanham, Uni-
vcraty of Texas, 12 Ja 05, p. 17. U. Cutler, University of Utah, 10 Ja
05, p.13-14. Wash. McBride, 11 Ja 05, p.6-7. W. Va. White, ii Ja
oS, p.34-39. Wis. La Follette, 12 Ja 05, p.86. Wy. Brooks, 11 Ja 05,
p. 16.
b Fla. Broward. ". . . In my judgment, the needs and require-
ments of these institutions can never be intelligently and properly
considered until an efficient system of management, control and
supervision over them is provided. In other words, the Legislature,
the Governor, and the people should have some official or board that
they could hold responsible for the progress and advancement of the
great educational interests of this state. I therefore recommend
that such a thorough and systematic reorganization of these schools
be provided for, as will accomplish, as nearly as possible imder the
existing conditions, the end outlined above, and that the funds out
of which they shall be supported, be raised by a specific levy for that
purpose, after a careful estimate of their respective needs, and that
they be no longer dependent upon the general revenue fund for their
support. . ." 4 Ap OS, p.22-23
c Kan. Hoch. '*I am strongly of the opinion that one board of
control for all the educational institutions would be a decided im-
provement over the present system of a board of regents for each.
It wotdd greatly simplify matters and remove the rivalry between
the specific boards which characterizes the present method of man-
agement." 10 Ja oS, p.2i
d S. C. Heyward. '*. . . Application will be made to you at this
session to grant to the South Carolina College the title and charter of
a state university. The trustees, the faculty, and the alumni of the
college believe the time has come for enlarging the sphere of usefulness
of this venerable seat of learning. I heartily favor the proposed plan
and think the time most propitious for this state to reestablish this
college upon a university basis. . ." 10 Ja 05, p.9
e W. Va. White. *'. . . Isuggestedto the Legislature of 1903 the
propriety of disposing of at least four of the normal schools and also
the two preparatory branch schools, and I renew that recommenda-
tion to your body. This would enable the Legislature to take care
of the university and the remaining educational institutions in a more
generous manner." 11 Ja 05, p.34
2333 Finance. Lands. Support
See also 774« Public lands; aasj. School finance
a N. D. Sarles. "The legislative body two years ago decided that our
state educational institutions required additional facilities. . .
Additional buikiings and equipment are, I believe, imperatively neces-
sary. . ." 4jao5,p.4
3334 Instruction. Students
a DeL Hunn. Recommendation renewed that Delaware College be
opened to both sexes. 3 Ja 05, P.13-X4
Professional and technical
2334-44 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
b S. D. Elrod. ". . . It seems to me that it is unwise to attempt
to teach mechanical engineering at the State University when^^we
take into consideration, our financial condition, and the splendid
facilities we have for teaching mechanical engineering at the Agri-
cultural College. . ." 3 Ja OS, p.7
c Wash. Mead. ". . . Any attempt upon the part of an in-
structor or the management of any of our higher educational institu-
tions to arouse in the minds of the student body a feeling of prejudice
or hostility towards the form of government which has survived for
more than a century and has been the mightiest factor known to
history in advancing the cause of civilization, or to influence the boys
and girls of this state to believe that our system of govemment^is
based upon fallacious principles and should, therefore, ultimately
be overthrown, will receive immediate attention from the executive
department and the instructor engaged in the exploitation of such
im- American ideas will receive immediate dismissal." 11 Ja 05, p.4— 5
2342 Professional and technical education
For examination and licensing see S9^» Practice of law; 944, Medicine; 948,
Dentistry; 949f Pharmacy. See also 2266. Normal schools
2343 Agricultural
See also 1828, Agricultural experiment stations
a Ga. Terrell. "I again urge upon the General Assembly the pro-
priety of establishing and maintaining at least one agrictdtural school
in each congressional district. . ." 28 Ja 05, p. 13
b Mass. Douglas. "I would . . . suggest the advisability of agri-
cultural schools, where a practical knowledge of horticvilture, forestry
and of the animal industries shall be taught. Small rural schools of
this kind scattered throughout the state and inexpensively conducted
would, in my opinion, not only do much to keep the country boys
at home, but would cause our New England farms to become as
productive and profitable as is possible." 5 Ja 05, p.24
c Wis. La FoUette. **The two [county agricultural] schools . . .
established under the provisions of chapter 288, laws of 1901, amended
by chapter 143, laws of 1903, have successfully passed the experi-
mental stage. . .** 12 Ja 05, p.8s
2344 Colleges
a Col. Peabody, 6 Ja 05, p.7. 111. Deneen, 9 Ja 05, p.3-4. H. H.
McLane, 5 Ja 05, p. 15-1 6. Okl. Ferguson, the Agricultural and Me-
chanical College, 10 Ja 05, p.25. S. D. Herreid, 3 Ja 05, p.36. Tex.
Lanham, 12 Ja 05, p. 17. U. Cutler, 10 Ja 05, p.16-17.
b Cal. Pardee. A farm should be secured for the College of Agrictil-
ture of the University. 2 Ja 05, p. 27-28
c Ga. Terrell. Establishment of agricultural college recommended.
28 Jc 05. p.8-13
Prof esaioiial and tedmiad
EDUCATION 2344-51
d H. J. Stokes. *'. . . We have facilities at the Agricultural
College for a school . . . where such instruction could be given to
those engaged in agrictdtural pursuits as would add to the wealth and
productiveness of our soil. . ." 17 Ja 05, p. 2 a
2348(5 MiUtary
a H. M. Otero, treasurer of Military Institute, i6jao5,p.ii.
2349 Mini Tig
a Col. Peabody, 6 Ja 05, p.8. U. Cutler, 10 Ja 05, p. 15.
2350 Technical and manual training
a H. C. Glenn, 11 Ja 05, p.8-9. OkL Ferguson, 10 Jao5,p.28. Tex.
Lanhaxn, Girls Indtistrial College, 12 Ja 05, p. 18.
b Ct. Roberts. ". . . The new demands of technical efficiency
have superseded the old ideas of a general education. It is evident
that in the great industrial battle for supremacy, under the inevitable
system of intensified production, the best possible technical training is
needed. . ." 4 Ja 05, p.33
c Ct. Roberts. "A commission was authorized by the General As-
sembly of 1903 to investigate the practical means and methods of in-
dustrial and technical education, and their report will be submitted
for your consideration and action." 4 Ja 05, p. 3 6
d Mass. Douglas. ". . . Since the practical abolition of appren-
ticeship systems and the specialization of labor in most of our mills
and factories, there is but little opportunity for learning a trade. . .
If a considerable part of our factory employees had a more compre-
hensive knowledge of the industry in which they were engaged, they
would be quicker to appreciate and adopt improvements, we would
have better foremen and superintendents, our factories would be better
conducted and our industries would make greater progress. . . In
my opinion the industrial and trades schools are largely responsible
for the great advancement made in many industries in Germany and
England. In my judgment Massachusetts made a good investment
when it gave financial encouragement to our textile schools and our
nautical training school. I believe we should have similar schools in
other industries." 5 Ja 05, p. 2 3-2 4
c S. C. Heyward. Establishment of manual training schools rec-
ommended. 10 Ja 05, p. 9
f Tenn. Frazier. ". . . I believe the time has come when the
state can not afford to longer be without a distinctively technological
college. . ." 3 Ja 05, p.12
3351 Textile
a S- C. Heyward. ". . . I beheve it would be an excellent plan
to establish at Gemson, from the funds of the college, scholarships
in the textile school for the benefit of young men from the cotton mills
who seek technical training in this department." 10 Ja 05, p.9
Librazies
2353-^4 ^' ^' STATE LIBRARY GOVERNORS MESSAGES I905
235a Libraries
2354 State libraries
a An. Brodie, 1 6 Ja 05 , p. 1 5 . Col. Peabody , 6 Ja 05 , p. 1 2 . U. Cutler,
10 Ja 05, p.42. W. Va. White, State Law Library, 11 Ja 05, p.71.
Wy. Brooks, 11 Ja 05, p.12-13.
b Ct. Roberts. ", . . The necessity of a fireproof structure,
detached from and adjacent to the present Capitol building, will be
apparent to you in your investigation of the needs of the State Library.
That all the valuable volumes and treasures should be housed in a
building which is absolutely secure and fireproof will appeal to you,
with the additional reasons that the present Capitol building does not
afford either convenient room or the security for the safe preservation
of those valuable records. In this building the Supreme Court
chambers should be located, for the convenience of the court and
members of the bar." 4 Ja 05, p.14
c Okl. Ferguson. '*. . . The present library rooms are in-
adequate to meet the requirements and it is recommended that pro-
vision be made to provide better facilities for taking care of this very
important institution. . ." loJaoS, p.ai
d Pa. Penny packer. ". . . Under the direction of the present
trained librarian, the work of the library has been systematized and
improved, and its benefits to the community correspondingly in-
creased. This library ought in time to be a repository of all the printed
material and manuscripts relating to the literature, the laws, the his-
tory and the political progress of the commonwealth. . . The
Department of Public Records, provided for at the last session, in
connection with the library, has been organized and is doing efficient
work. . . Information ... is much sought by persons all
over the country interested in hereditary societies and in research,
and much of the time of the attendants is occupied in answering in-
quiries and suppljdng information. I suggest that the librarian be
directed to charge a fee of $2 for each certificate given and the sums
received be paid into the state treasury for the use of the common-
wealth. . . When the new Capitol is completed, the building
now occupied by the Executive will be abandoned by him. . .
To remove it would seem to me to be wasteful and unwise. I rec-
ommend that it be utilized for the library and that the sphere of the
librarian be enlarged and that he be authorized and directed to collect
and preserve in it objects illustrating the fauna, flora, entomology,
mineralogy, archeology and arts of the state. . ." 3 Ja 05, p.5-6
e S. D. Herreid. ". . . The miscellaneous library of the state,
now in utter confusion and useless, should be placed in the custody of
the Historical Society and means provided for its classification and
arrangement, so that it may become available and valuable."
3 Ja 05, p.a3
i f W. Va. White. "The third floor of the annex affords the oppoi^
' tunity for the establishment of a state library and historical museum.
History. Records
EDUCATION 3354-63
which should be under the direct charge and control of a state board.
. . . The state library should be made the depository of the publica-
tions of every department of the state from the foundation of the state.
One of the most important works of the library board would be to have
all the missing public records, papers and docviments from 1 861 to the
present time supplied as far as possible ; to collect, edit, classify, print
them in a series; and to devise and adopt a systematic plan for the
preservation and classification of our state archives. . . "
II Jao5.p.7o-7i
g Wis. La Follette. '^The legislative reference department of the
Free Library Commission was established after the legislative session
of 190 z. . . The efforts of this department have been directed
largely in the line of comparative legislation. It keeps in touch with
the legislative work of other states and compiles material upon all
subjects commanding the attention of public officials. Through it the
legislators of Wisconsin may have assistance upon all subjects de-
manding their attention. The experiences of others should furnish
a valuable g^ide to legislative action in this state. It is the aim of the
department to jwovide in the near future for the drafting of such bills
as legislators may desire to present to the Legislature. . ."
12 Jao5,p.93
2356 Free public libraries
a W. Va. White. **. . . In both messages of my immediate
predecessor, as well as mine to the Legislature two years ago, we called
attention to the desirability of establishing free public libraries as
supplements to our public school system. The plan pro-
posed is threefold: First, the creation of a nonpartizan board of
library commissioners. . . second, every civic division of the
state. . . to be given power to levy taxes . . . for the es-
tablishment and support of public libraries. . . third, a system
of subsidies from the state to free public libraries, but no library to
receive over $300 a year. . ." 11 Ja 05, p.33
3357 State aid and supervision. Traveling libraries
a Ct Roberts, 4 Ja 05, p.35. D«l. Himn, State Library Commission,
3 Ja o5f P-I4' Wis. La Follette, Free Library Commission, 12 Ja 05,
p.92-93.
b Kan. Hoch. Increase in appropriation for traveling libraries recom-
mended. 10 Ja 05, p. 6
3360 School libraries
a S. C. Heyward. Increased provision should be made for rural
school libraries. 10 Ja 05, p.9
3363 History. Records. Memorials
a HL Yates, Illinois State Department of History, 4 Ja 05, p.51.
S.D- Herreid, Department of History, 3 Ja 05, p. 23.
History. Records
2365-69 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
2365 Archives. Records. Coloniallaws
a 6a, Terrell, colonial and revolutionary records, 28 Je 05, p. 20. Vt.
McCuUough. the records of the conventions of 1776 and 1777, 6 O
04, p.22-24.
b CaL Pardee. Better facilities for the keeping and proper arrange-
ment of archives urgently needed. 2 Ja 05, p.45
c S. C. Heyward. **The Secretary of State asked last year for an
appropriation, to be used in suitably equipping his office with fire-
proof record cases. The offices of the State Treasurer and of the
Comptroller General also stand much in need of similar improve-
ment.' . ." 10 Ja 05, p. 29-30
2366 Historical societies
a Ari. Brodie, Pioneer Historical Society, 16 Ja 05 , p. 2 1 . CoL Peabody »
6 Ja 05, p. 12. Mich. Bliss, Michigan Pioneer and Historical Society,
5 Ja 05, p. 16. N. M. Otero, 16 Ja 05, p.33. Okl. Ferguson, 10 Ja 05,
p. 10. Or. Chamberlain, Oregon Historical Society. 11 Ja 05, p.54.
U. Cutler, State Historical Society, 10 Ja 05, p. 41.
2367 Museums
a Mo. Folk. Recommends erection of Missouri Soldiers Memorial
and Historical Museum building; libraries of state university and state
historical society to be placed therein. 7 F 05, p. 5-7
2368 Old Home week
a Mass. Douglas, 5 Ja 05, p.40-41.
2369 Scenic and historic places
Set also 3370, Memorials
a Minn. Johnson, 4 Ja 05, p.20. N. M. Otero, the Old Palace building,
16 Ja 05, p.35. Pa. Penny packer, the Valley Foi^e Commission, 3 Ja
05. P-7-8. W. Va. White, Point Pleasant monument, 11 Ja 05, p.64.
b W. Y. Higgins. "The preservation of historic objects or picturesque
places in the state should be encouraged. . . The state should. . .
aid by legislation, wherever possible, the protection of natural scenery
and encourage the work of those associations which are organired
for the purpose of commemorating historic events and marking points
of historic interest. Legislation which . . . compels the re-
moval of the unsightly and disfiguring from public places, should be
enacted." 4 Ja 05, p.27-28
c W. Va. White. "The Society of the Sons of the Revolution at its
last meeting directed the president of that organization to petition
the Legislature to authorize the county courts to construct at pubHc
expense tablets or monuments on the sites of the frontier forts and
blockhouses built by the settlers during the Indian wars. . ."
II Ja OS .p.64
Memorials
EDUCATION 3370-79
2370 Memorials. Monuments
a Tenn. Frazier. ". . . I believe the time has come when the
state should assume the financial burden involved in the care and
preservation of the graves of its confederate dead. . ."
3 JaoS, p.31
b U.S. Roosevelt. *'. . . This recognition [medals of hbnor] should
be extended to cover cases of conspicuous bravery and self-sacrifice in
the saving of life In private emplo3nments under the jurisdiction of the
United States, and particularly in the land commerce of the nation."
6 D 04, p.3
2372 Battle flags
a 6a. Terrell, Confederate flags, 28 Je 05, p.17-18. 111. Yates, re-
quest for the return of Tennessee battle flag, 4 Ja 05, p. 53.
2376 Memorials on battlefields. Soldiers monumentB
a HL Yates, 4 Ja 05, p.54. OL Yates, the Vicksburg Commission,
4 Ja 05, P.5S-56. Ind. Durbin, monuments and markers, 6 Ja 05,
p.34— 35. IGch. Bliss, Vicksburg moniunent, 5 Ja 05, p. 19. Minn.
Van Sant, Vicksburg Commission, 4 Ja 05, p. 2 5.
2377 Monuments to individuals
a Minn. Van Sant, statute of Alexander Ramsey, 4 Ja 05, p.24-25.
Mon. Toole, Meagher monument, 2 Ja 05, p.7. Vt McCuUough,
memorial tablet to President Arthur, 6 O 04, p. 19. Vt McCuUough,
portrait of Admiral Dewey, 6 O 04, p.20. Vt McCuUough, bronze bust
of Hiram A. Huse, 6 O 04, p.2 1 . Vt McCuUough, medcdlion portrait of
Major General George J. Stannard, 6 O 04, p. 22. W. Va. White, statue
of Francis H. Peirpoint, 11 Ja 05, p.28-29. W. Va. White, James
Ruxnsey monument, 11 }a 05, p. 64.
b Mass. Douglas. "I recommend to you the appointment of a joint
conmoittee for the purpose of devising a permanent memorial to the
life and character of the late Mr Hoar. . ." 5 Ja 05, p.5
e H. M. Otero. ". . . I would suggest that it might be appro-
priate at this time to make arrangements for obtaining the portraits
of all former governors of New Mexico now deceased, at the pubUc
expense . . . and provide that aU living former governors be
invited to send their portraits to the Capitol Custodian Committee."
16 Jao5,p.34
d Pa. Pennypacker. Erection of statue to Anthony Wayne rec-
ommended. 3 Ja 05, p.8
3379 War records
• Vt McCuUough, Vermont Revoltitionary RoUs, 6 O 04, p. 2 4.
b Mich. Bliss. "The great task of compiling and publishing the regi-
mental records of the Civil War is practicaUy completed, and the
books available for delivery. . ." S Ja 05, p. 18
MiHtia
3380-91 ^* '^^ STATE LIBRARY GOVERNORS MESSAGES I905
3380 Scientific work. Art
3384 Geology. Topography
a S. C. Heyward, the State Geologist, 10 Ja 05, p.26. W. Va. White,
State Geological Survey, 1 1 Ja 05 , p.55. Wis. La Follette, the Geolog-
ical Survey, 12 Ja q5, p.94. Wy. Brooks, State Geologist, 1 1 Ja oS,p.io.
b 111. Deneen. *'I suggest that an appropriation be made for an
efficient geological survey of our state. No other state of our interior
which approaches Illinois in population and resources has done so
little in this Une. . ." . 9 Ja 05, p.3
3386 Art
a U. S. Roosevelt, National Art Gallery, 6 D 04, p.22.
b U. Cutler. ' * It appears that the act forming the Utah Art institute,
the appropriation made for its maintenance, and the laws governing
and regulating it, do not meet the end designed by its promoters, and
that the state does not receive full value for the money expended. . .
In place of the institute, it is proposed that an appropriation be made
for a purchase fund, to be used in the purchase of such paintings as
may be thought advisable, and in the encouragement of art. I am
in favor of such action being taken." 10 Ja 05, p.42
a388 Military regulations
See also 2363. History, records, memorials
^ Web. Mickey, gift for battleship Nebraska, 5 Ja 05, p.9. S. D.
Herreid, the armored cruiser South Dakota, 3 Ja 05, p.33.^_W- Va.
White, West Virginia Cruiser Commission, 11 Ja 05, p.29,
2391 Militia. National Guard
a An. Brodie, 16 Ja 05, p. 19. Cal. Pardee, 2 Ja 05, p. 29-31. Del
Hunn, 3 Ja 05, p. 23-24. Fla. Broward, 4 Ap 05, p.46. Id. Gooding, 5
Jao5,p,i8. HI. Yates, 4 Jao5, p.46-48. Kan. Hoch, zo Ja o5,p.i8.
Mich. Bliss, 5 Ja 05, p. 18. Minn. Van Sant, 4 Ja 05, p. 23-2 4. Heb.
Mickey, 5 Ja 05, p.16-17. Nev. Sparks, 16 Ja 05, p.13-14. H. H.
McLane, 5 Ja 05, p. 11. N. M. Otero, 16 Ja 05, p.18-19, OkL Fer-
guson, 10 Ja 05, p. 18. Or. Chamberlain, 11 Ja 05. p.24. S. C. Hey-
ward, 10 Ja 05, p.13-14 S. D. Elrod, 3 Ja 05, p.6. S. D. Herreid,
3 Ja 05, p. 29-30. Tenn. Frazier, 3 Ja 05, p. 27. Tex. Lanham, xa
Ja 05, p. 14, U. Cutler, 10 Ja 05, p.3 5. Wash. McBride, 11 Ja 05,
p.7. Wash. Mead, 11 Ja 05, p.36-37. W. Va. White, 11 Ja 05, p.
59-61. Wis. La Follette, 12 Ja 05, p. 100. Wy. Brooks, 11 Ja 05,
p.13-14-
b Ct Roberts. "The organized militia, by reason of national and
state legislation now for the 'first time in existence, is what it ought to
MmtiiC
MILITARY REGULATIONS ' " aagz-^pfr
be, and what it was originally intended to be, 'a body of citizen sol-
diers/ not in name alone, but in reality, composed of men who are
devoting their time and energy to the services of the state. . .**
4 Ja 05, p.i8
c m. Yates. ' ' I recommend the passage of a law providing a penalty
for the offense of dissuading, or attempting to dissuade, young men
from serving as members of the Guard of the State. . ."
4 Ja 05, p.47
d Ind, Durbin. ** . . . It is . . . recommended that the
militia law of this state, in so far as it prescribes the organization there-
of, be so amended as to conform to the law prescribing the organization
of the army, and that the power be given the Governor, as commander
in chief of the militia, to make such changes, by general order, in the
oi^ganization of the militia as may from time to time become necessary
to accomplish the conformation thereof to that of the army. . .
Following the EvansviUe episode there was manifested a
disposition by some employers, acting under coercion, to discriminate
against members of the Guard because of their connection with our
citizen soldiery. . . I recommend the enactment of a law pre-
scribing severe punishment for the crime of seeking to secure discrimi-
nation against a member of the National Guard, or engaging in such
discrimination, because of the connection of such citizen with an or-
ganization which, as the Constitution of the United States declares,
is 'necessary to the existence of a free state.' " 6 Ja 05, p.36-37
e Mass. Douglas. ". . . I have asked the War Department to
detail Lieut. Gen. Nelson A. Miles, U. S. A., retired, to report to me
under the provisions of the *Dick act/ so called, and I have been
notified by the Secretary of War that the request will be granted. It
is my intention to have General Miles at once make a thorough in-
spection of the organized militia of the state. He will report, in writ-
ing, what changes in our militia laws and methods of administration
are, in his judgment, desirable to better promote its efficiency as a part
of the National Guard, and to obtain the benefits of national cooper-
ation and assistance/' 5 Ja 05, p.46-47
3392 Armories
a Ct. Roberts. Report of commission on new armory and governor's
recommendations in regard thereto. 4 Ja 05, p.9-12
3398 Officen and boards
a Wis. La Follette. ". . . Legislation should be enacted pro-
viding that hereafter the adjutant general, quartermaster general,
assistant adjutant general, assistant surgeon general, inspector of
small arms practice, quartermaster, and all of the staff officers shall be
appointed by the Governor from the officers of the National Guard,
and that they, with the exception of the personal aides de camp to the
governor, shall hold their positions (xmless they shall retire volun-
Pensioiia and relief
2402-16 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
tarily) xintil they reach the age of 64, or are retired before that time
for disability, or for cause to be determined by a court martial. . ."
12 Ja 05, p.iox
2402 Regulations of troops
a Ind. Durbin, penalty for desertion, 6 Ja 05, p. 3 2-33.
b Ari. Brodie. Deserters should be disfranchised. 16 Ja 05, p.15
c Mich. Bliss. "At the request of the War Department, Washington,
I present to the Legislature the subject of state aid in preventing de-
sertions from the army of the United States through the enactment of
a law withholding from deserters the exercise of the right to vote. . .'*
5 Ja 05. p.iS
d Mch. Bliss. Legislation recommended attaching pectmiary re-
sponsibility to officers and enlisted men of the National Guard for
lack of due care of United States property entrusted to them and for
which the Governor is held responsible. 5 Ja 05, p. 2 3
e Or. Chamberlain. ". . . I recommend the enactment of a law
that will deprive deserters [from United States Army] of the ines-
timable privilege of participating in all elections, national, state and
municipal." 11 Ja oS, p.4r
2406 Pensions and relief
2408 State pensions and aid
a R. L Utter, 5 Ja 05, p. 13.
2409 Confederate veterans
a S. C. Hey ward, 10 Ja 05, p.27. Tenn. Frazier, 3 Ja 05, p. 29.
b Fla. Broward. ". . . I . . . recommend that the pension
law be so amended as to make the pensions payable by the county. . ."'
4Ap 05, p.37
c Tex. Lanham. **. . . It will be advisable for the Legislature
to devote careful attention to our pension laws. It is believed that
important amendments are needed. . . Under existing law, some
applications without merit are being made, and it is thought that
many persons are now being carried on the rolls and receiving pen-
sions who do not come strictly within the spirit and purpose of the
provision made for ex-confederate veterans. . ." 12 Ja 05, p.12
241 1 Burial expenses
a Mich. Bliss. "In response to numerous petitions, legislative at-
tention is asked to the subject of providing a burial fund for the
widows of veteran soldiers. . .*' 5 Ja 05, p.x8
2416 Soldiers homes
a Col. Peabody, 6 Ja 05, p.7. Fla. Broward, 4 Ap 05, p.38. Id. Good-
ing, 5 Ja 05, p.6-7. Kan. Hoch, 10 Ja 05, p. 17. Mua. Douglas, $
Ja OS, p. 38-39. Minn. Van Sant, 4 Ja 05, p.22-23. N. H, McLane.
MiinicipftUtiet
LOCAL GOVERNMBNT ^4x6-38
SjaoS.p.io. R.I. Utter, S JaoS,p.i3. S. D. Herreid, 3 Ja 05, p.26-
27. S. D. Elrod, 3 Ja 05, p.6. Tennu Frazier, 3 Ja 05, p.30. Tex.
Lanham, 12 Ja 05, p.z2. Wash. Mead, 11 Ja 05, p.37. Wy. Biooks,
II Ja OS, p.19.
b Or. Chamberlain. **. . . Some provision ought to be made for
the construction of small but comfortable cottages on the grounds of
the home so that these old veterans may have the companionship of
their wives in their declining years. . ." 11 Ja 05, p. 13
34x8 Widows and orphans
a IGnn. Johnson, 4 Ja 05, p. 17.
b IGnn. Van Sant. Admission to Minnesota Soldiers Home of the
mothers, wives and widows of the old veterans recommended.
4 Ja OS, p.23
^^ Local government
3433 Mtinicipalities
The usa^e of terms designating local bodies varies widely in different states. The
word mumcipalitv is here used throughout in its original and strictest meanings to
designate any densely populated^ incorporated community; thus including cities,
villages, boroughs and towns" (as a name for villages) but not including townships.
Whete the word town is used to designate the primary of the county, it is grouped
with township government, though in the case of the New England towns the nature
of the government approaches more nearly that of a municipality than that of a western
township.
In man^r states, municipalities, specially cities, are divided into classes according
to population. As the classification varies widely the limits of population designated
thmby are in these references substituted for the number of the class.
a m. Discussion of proposed Chicago charter. Yates, 4 Ja 05,
p.i6— 19; Deneen, 9 Ja 05, p.a.
3433 State control of cities. Home rule
a Mich. BHss. Recommendation renewed that provision be made
giving municipalities the largest measure of home rtde consistent with
their relations to the state and the operation of general laws.
5 Ja oS,p.24
b Wis. LaFollette. ". . . one general act granting broad powers
in general terms, and designating the limitations placed upon them,
should be passed applying to all cities whether originally created by
special charter or otherwise. Thus imiformity in this class of legis-
lation would at once be secured, at the same time allowing the dif-
ferent cities to work out their own peculiar problems in their own
way. . ." i2jao5,p,8o
3438 Organization. Powers generally
a W. Va. White. '*. . . I recommend that there be a general
statute enacted conferring upon all municipalities . . . the right
to declare as municipal offenses all acts which are by state law de*
fined as misdemeanors, with the power to impose punishment, in-
cluding fines. . ." II Ja 05, p.8o
County and township
a443-.aS04 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
2443 Consolidation
a Pa. Pennypacker. "Everything possible ought to be done to en-
courage the creation of a single municipality which shall include all
of the extensive population at the junction of the Alleghany and
Monongahela rivers, now under the authority of several different
municipal governments. Such a course would result in a saving of
expense, an improvement in official tone, with increase of respon-
sibility, and an advancement in prestige and influence."
3 Ja 05. p.14
2473 Municipal civil service
Seg also 38(9, Civil service examination; 25881 Financial officers. Laws relating
to election, salary etc. of a particular officer are classified under the name
of the officer.
2478 Tenure of office. Discipline
a Wis. La PoUette. *'. . . I would commend to your careful
consideration the charter of Los Angeles Cal. granted in 1903. It
provides that the holder of any elective office may be removed at any
time by the electors qualified to vote for a successor of such incum-
bent, the procedure to be by petition demanding the election of a
successor to the person sought to be removed. . ." 12 Ja 05, p.8i
2493 County and township government
Includes provisions relating to the Louisiana parish. Set also specific functions
of counties and towns — Roads. Charities, Drainage etc.
2498 New counties. Consolidation. Division
a N. M. Otero. "If the legislative assembly should deem it ex-
pedient to create new counties, care should be taken that such districts
as are set apart for this purpose possess sufficient assessed valuation
to yield the needed revenues for county government, and that such
counties are created to answer a real need and wish of the tax-
payers. . ." i6JaoS, p.19'
b S. C. Heyward. " I desire to call your attention to a manifest con-
ffict between the Constitution of 1895, article VII, providing for the
formation of new counties, and the act of the General Assembly of
1896, page 64, section i, incorporated as section 574 of the Code of
Laws of 1902. . . I would recommend that, at this session, you
amend the statute law in order that it may conform with the obvious
intent and phraseology of the Constitution." 10 Ja 05, p.aa
2500 Goveming body
2504 Election. District. Vacancies.. Htimber. Tenn
a Ari. Brodie. ". . . The question submitted by me to the last
Legislature of dividing the counties of the territory into assembly
and supervisorial districts for the election of members of the Assembly
and Board of Supervisors is one which should receive your earnest
consideration." x6 Ja 05, p. 14
County and township
LOCAL GOVERNMENT - 35X3-37
2$t2 County civil service
5#v also 38(a, Civil service examination; 4588, Financial officers. Laws relating
to election, salary etc. of a particular officer are classified under the name of the
officer.
2517 Salaries. Fees
a An. Bxxxlie. "I . . . recommend that all cottnty officers now
receiving fees in lieu of salary be placed on commensurate salaries and
that all fees be paid into the county treasury. . ." z6 Ja 05, p.9
2518 Tenure of office. Discipline
a H. M. Otero. "I recommend that a law be enacted providing for
the summary removal of any county commissioners, by the Governor,
who shall pay or cause to be paid any illegal fees or commissions to any
county or precinct official, and any such official who shall swear to,
and accept payment of illegal fees or commissions, shall be tried by
the District Court for perjury, and if found guilty, shall in addition to
the punishment by the court, be stimmarily removed from office by
the Governor, and be disqualified from holding office in the territory
for a period of 10 years. An adequate law should be passed providing
means for sununary removal of coimty officers guilty of malfeasance,
misfeasance or nonfeasance in office. . ." z6 Ja 05, p.29
2536 Townships. Towns
Under this head are included governments that constitute the primary division
of the onmty. In the New England states and in New York and Wisconsin towns
are primary divisions of the county and are classed here; in many states they are
densely impulated incorporated communities and are classed with municipalities.
In Illmots and Minnesota the primary division of the county is called both "town
and town^p" and in Illinois there are besides a number of incori>orated towns*.
a Wash. Mead. "An act providing for township organization, ap-
proved March 23, 1895 . .. . has not yet been adopted by the
voters where it has been submitted to the people. It being the policy
of the Legislature to strengthen the present system of administration
of affairs by boards of county commissioners, I, therefore, recommend
that the interests of the state generally would be best subserved by
the tmconditional repeal of the township organization act."
iijaos, p.33
2537 Becords
a H. H. McLane. "While this state has not been derelict in recent
years in the adoption of effective measures for preservation of its
archives and the publication of such parts of them as the obligations
of the state in this behalf has made advisable, it may be a question
whether sufficient attention has been bestowed upon the subject of
the due preservation of town records, especially those that cover the
early years of the corporate existences of the municipality, and the
devising of plans for rendering the contents of these records more
available for reference as well as more secure from loss by fire, muti-
lation, unreasonable wear and tear, obliteration of the text by the
Local finance
2550-78 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
natural effects of time, not to mention the more gross forms of vandal-
ism to which all records not properly cared for are constantly ex-
posed. . ." S Ja 05, p.19
2550 Local finance
Only the furtly financial matters are hen placed. Authorization of taxes, aaaets-
ments, bonas etc. for special municipal purposes — schools, libraries, lights, streeu
etc. are classified tinder these heads. They ate however also indtxtd under Taxes
etc. Miscellaneous provisions as to assessment and collection of taxes in local bodies
are under taxation, as such provisions usually apply to aU classes of taxes. See par-
ticulaiiy 9337. School finance.
2575 Budget. Accounts
2577 Appropriation. Tax levy. Expenditures
2578 Limit of taxation
a CoL Peabody, 6 Ja 05, p. 17. W. Va. White, 11 Ja 05, p.is-17.
b Mass. Douglas. '*The law limiting the tax rate in cities and towns
for local purposes to $12 on each $1000 of assessed value is producing
bad results. From information obtained from about half of our cities
it appears that the rate is so low that the majority of our mtmicipalities
are xmable to live inside of this limit and conduct their affairs as the
people want them conducted. As a result, all kinds of devices are
resorted to in order to obtain sufficient revenue. In at least one dty
the assessed value of real estate has been pushed up until residential
property is assessed for fully 50% more than its market value. Some
cities have asked for and obtained special legislation abolishing this
tax limit for a period of years. . . I would tirge that the Legislature
make a thorough investigation of this question, and devise some
reasonable method of relieving the cities unable to comply with the
law as it now stands," 5 Ja 05, p. 7-8
c N. J. Stokes. **Mimicipal taxation is one of the most important
questions of the day. . . There are 6a taxing districts in the state
where the tax rate is between 2 J and z %, iS where the rate exceeds
3% and six where the rate ranges from 3.6 to 5.7,9^. . . There
have been notable instances where cities have met this problem and
solved it in a practical, if not a permanent manner. This has been by
a fair valuation of property according to the constitutional mandate
and a corresponding reduction in rate. For instance, the city of New
^''ork in 1902 assessed its ratables at true value and reduced the tax
rate from 3.27 to i. 41. . . Atlantic City did likewise, and reduced
the rate from 3.35 to 1.47. . . The danger to the taxpayer in this
remedy lies in the fact that he has no assurance that the low rate will
be permanent, that it will not be raised on the basis of increased val-
uation. Here the state must come to the rescue. If a maximum rate
for every taxing district in the state was fixed by legislative enactment,
under this aegis of protection, property investors would seek New
Jersey as a safe asylum. The Legislature of the state can very
properly consider the wisdom of such legislation. The comptroller
Local finance
LOCAL GOVERNMENT 357{h83
of the laiig^est city in the country says that a rate of $1.50 a htindxed
is sufficient to meet the needs of any progressive municipality. If the
maxtmum rate for every municipality in this state were fixed, at the
outside, at $1.70 on the hundred, or lower, if possible, the difficulties
of the burdensome tax rate and municipal expenditure would be
lai^gely solved. . . I would go even further than this. In 1898 the
Legislature passed an act providing that the surplus money in the
state treasury might be appropriated for the purpose of reducing the
burdens of local taxation. . . I would amend this act, and would
provide that this distribution be limited to those taxing districts where
it was used, not as a means for increasing expenditures, but as a means
for reducing the tax rate proportionately to the amotmt of the con-
tribution from the state. . . " i7 Ja 05, p. 13-15
2579 Examination and audit
a Fla. Broward. "Legislation to require a strict legal application of
all county funds to proper purposes and a rigid accotmting for all
moneys received would tend to relieve the burdens of taxation now
carried by the people for county purposes." 4 Ap 05, p. 14
3583 State supervision. Uniform accounts
S^ also 55. State examiner; 856, State accounts
a Fla. Broward. ". . . There should be prescribed a uniform
system of records, books and blanks to cover the transactions of the
various offices and departments, thus securing a uniform system of
records and accounts throughout the state and a better and easier
check upon all financial transactions between the state and the various
officials through whose hands the public moneys pass. The Auditing
Department could be of great service in properly starting and instruct-
ing the various officials in the proper method of keeping such a tmi-
form system of records and accounts. . ." 4 Ap 05, p. 21
b IGnn. Johnson. "In view of the vast sums of public revenue col-
lected and disbursed by cities of the first class such as Minneapolis,
St Paul and Duluth, there is a sentiment among the taxpayers of those
cities, that the dty finances should be subject to the same state super-
vision by the public examiner as that now given to county finances. . .
The Legislature of 1891 passed a special act, now in force, giving state
inspection of city accounts to St Paul; and an extension of the same
or similar provisions to all cities would appear to be a right step in the
direction of municipal credit, economy and retrenchment."
4 Ja 05, p. 19-20
c N. M. Otero. "Too much credit can not be given the 35th Legis-
lative Assembly for the creation of the above office [Traveling Auditor
and Bank Examiner]. . . County books and records are in a
much better condition, and it is now a very easy matter to determine
the exact financial condition of each coimty in the territory. I would
recommend that the present law be amended so as to make it the duty
Public works
2588-2627
N. Y. STATE LIBRARY' GOVERNORS MESSAGES I905
of the Traveling Auditor to examine the offices of the clerks of district
courts, and all other offices handling territorial money. . ."
16 Ja oS, p.xx-ia
2588 Financial officers
2593 County
a S. C. Hejrward. "The law authorizes the Governor, by and with
the advice and consent of the Senate, to appoint county auditors and
treasurers. The Governor now makes the appointment of these
officers as the result of a party primary, which practically means their
selection by the people. The auditor, in my opinion, should be en-
tirely free from the influences of politics, and I recommend that ap-
propriate legislation be enacted prohibiting any party from placing
this office in a primary." 10 Ja 05, p.6
2597 Debts. Bonds
a 111. Deneen. *'. . . The legislation which puts upon future
generations the debts of the present impairs the credit of both. The
creation of indebtedness under this power should be accompanied by
ample provision for its retirement within a reasonable time through
sinking funds established for that purpose." 9 J& 05, p.8
b Tex. Lanham. ". . . Issuing bonds and lending public credit
may be grossly abused tmless the utmost precaution be observed."
i2jao5, p.ii
2600 Deposits and depositories
a n. M. Otero. "I recommend that you enact a law requiring each
county treasurer to deposit all moneys collected by him in some bank-
ing house at stated intervals. . . The bank selected by the county
treasurer in which to deposit county funds should be approved by the
Territorial Treasurer before any deposits are made, or the designation
of such banks may l)e made in the first instance by said Territorial
Treasurer on the basis of the best terms of interest to be secured, but
in no event the interest to be less than three (3) per cent per nnTntm
Banks designated as coimty depositories should give bond to thecounty
similar to the bonds given the territory for territorial funds, the bond
to be approved by the board of county commissioners."
16 Ja 05, p.io-xx
2620 Public works. Public improvements
2627 Municipal utilities (general)
See also X337t Street railways
a Mass. Douglas. Referendum should be applied to acts and or^
dinances granting franchises. 5 Ja 0$, p.as-a?
Public wbiln
". '• '' LOCAL GOVERNMENT ^639-48
3639 Municipal ownership (general)
a Haas. Douglas. ". . . It has been demonstrated by the ex-
perience of towns and cities in this commonwealth, both with regard
to water supply and public Hghting, that under favorable conditions
and proper management the business of gas, electric lighting and
water supply can be conducted by municipal corporations with profit
to the inhabitants, both in price and in service. In many cases of
privately owned public-service corporations the rates, fares and prices
charged are too high. The public . . . will be far more likely
to obtain service at reasonable prices if it has the right to do business
oh its own account. . . At present the laws offer great obstacles
to the assumption of such works by the municipalities. A necessary
change in the law is to provide that when a company offers its plant
under the provisions of the statute, the municipality may enter into
possession at once, thus removing the temptation from the company
to delay the valuation for the sake of taking extra profits out of the
business by letting the plant run down during litigation."
5 Jao5, p.28-31
3633 Electricity. Gas
See also 797. Public works (state)
2638 Companies
See also aoj5t Petrolmim and gas
a Kan. Hoch. Powers of State Railroad Commission should be ex-
tended to electric and telegraph and telephone companies.
ioJao5,p.i3
aM Water
Set also 797, Public works (state); 1079, Pollution of water; 11 80, Control of
water
a H. J. Murphy. "I recommend that measures be taken to prevent
the diversion of the waters of this state to other states for domestic
supply. I would suggest, also, that a limit should be placed upon the
rights of both private and municipal corporations to exhaust the flow
of rivers. . . The fresh-water flow of the Passaic river is being
rapidly exhausted. . . I am informed that it is now proposed
to sell the Passaic's waters to a town or towns on Staten Island, New
York. To add this diversion to that already made would be fatal
to the river, and is i^^ainst sound public policy. The needs of our own
municipaHties for water supply should be considered, but even these
should be limited by consideration for the welfare of river navigation,
sanitary conditions and adjacent property. . ." 10 Ja 05^ p.20-21
b H. J. Stokes. "The importance to human health and comfort of
an abundant supply of wholesome water needs no recommendation.
From all over the state we have reports of the increasing difflculty in
Parks
2648-94 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
obtaining water of a satisfactory quality and quantity for our muni-
cipalities, while the present supply is rapidly diminishing. The
springs of our state are lower than they were 50 years ago. Our
wells must be driven deeper from year to year. Brooks and rivers
once living and flowing, no longer exist, and streams once considerable
in size, are now, in the heat of summer, mere trickling rivtdets. .
Forests are natural reservoirs in which is stored the water gathered
from rain and melting snow, to be drawn upon as necessity demands
. . ." 17 Ja OS, p.ao
c N. Y. Higgins. "The gfrowing demands for additional water sup-
plies in the greater cities and for adequate supplies of pure and whole-
some water for domestic purposes in other municipalities indicate that
in the not distant future the problem of water supply for municipalities
will be a most serious one. . . The question presents itself whether
it is not feasible to develop some plan whereby the municipalities
may be insured a water supply at a minimum cost under state super-
vision through state conservation of the waters of the Adirondacks
and other sources. The Legislature of 1904 enacted a law creating
a water storage commission which has for its object practically the
conservation of water for power purposes. A state commission, hav-
ing also for its object the supply of water to the cities might be of
great service." 4 Ja 05, p-24— 25
d N. Y. Higgins. Special message on water supplies: favors creation
of a local water commission for New York city and also of a state com-
mission to pass on all applications for the appropriation of water for
mxmicipal purposes. 20 P 05
2653 Consumption
a Mass. Douglas. ". . . As a means towards keeping the con-
sumption of water within reasonable limits, I recommend a change in
the method of apportioning the cost of the metropolitan water. This
cost is now assessed upon the several cities and towns in the district
on a basis wholly independent of the consumption of water. I
recommend that the cost be assessed in direct proportion to the amount
of water used." 5 J& 05, p.48-49
2661 Sewerage. Garbage
See also 7Q7. Sewerage plants (state); Z070, Pollution of water; ii9>, Draiiuisv-
a N. J. Murphy, State Sewerage Commission, 10 Ja 05, p. 2 1-22.
2679 Parks. Public grounds
2694 Playgrounds. Recreation piers
a U. S. Roosevelt. "Public playgrounds are necessary means for
the development of wholesome citizenship in modem cities. It is im*
portant that the work inaugurated here through voltmtary efforts
should be taken up and extended through congressional appropriatioo
LOCAL GOVERNMENT 3700*2
of funds siifificient to eqtiip and maintain numerous convenient small
playgrounds upon land which can be secured without purchase or
rental. . ." 6 D 04, p.13
3700 Roads. Streets
a UL Deneen, 9 Ja 05, p. 5-7. Minn. Johnson, 4 Ja 05, p. 14. Old*
Ferguson, 10 Ja 05. p.p. Or. Chamberlain, 11 Ja 05, P.S3-S4. Vt«
Bell, 6 O 04. p.3-4.
b Ct. Roberts. "The 'old contract' and 'working out tax' system
are fast disappearing, and by force of the example set by the state the
towns are of themselves improving their highways, under more per-
manent and economical methods of highway construction. . ."
4 Ja 05, p.29
c OL Yates. ". . . It is undeniably true that the road laws of
the state need revision, and that the people be given a system by which
the enormous amotints of money annually paid by them in the form
of road taxes be used in such manner as to secure better and more
permanent results than have yet been obtained." 4 Ja 05, p. 50
d Minn. VanSant. " I ask your careful consideration for any measure
which hss for its aim the improvement of our highways. . . I
would especially suggest the desirability of enacting a law providing
for a state highway commission. . ." 4 Ja 05, p.25
e H. M* Otero. ". . . I . . . earnestly urge you to revise
and amend the existing road laws so that they will meet the demand
for good roads which is becoming more urgent every day."
16 JaoS,p.3i
f H. C. Glenn. **. . . An up to date road law should be enacted,
and every county or township that desires it should be given a chance
to improve their highways by bond issue or other mode of taxation. . . "
" Jao5. p.ii
g S. C. Heyward. "Last year ... I recommended such legis-
lation as wotdd give the counties the right, by majority vote, either
to issue bonds, or to levy an annual tax for road improvement. . ,
I now renew my former recommendation. . ." 10 Ja 05, p. 2 7
h Wash. Mead. ". . . The platforms of the two great political
parties called for the repeal of the present road law. However, I am not
convinced that the people of this state desire to return to the old road
supervisor system of constructing and improving county highways. . .
We have relegated to the past the system which permitted road super-
visors or county commissioners to experiment with the people's money
in building a system of roads not in accordance with practical or
scientific methods." 11 Ja 05, p.32-33
i W. Va. Dawson. ". . . I regret that the Legislature did not
provide for a state superintendent of highways. . ." 4 Mr 05, p. 5
2703 State road systems and state aid
a Kan. Hoch, 10 Ja 05, p.5. Pa. Pcnnypacker, 3 Ja 05, p.3-4- W.
Va. White, 11 Ja 05, p.53-55.
a7oa N. Y. STATE LIBRARY GOVERNORS MESSAGES I9O5
b CoL Peabody. " Annual appropriations for [the building and main-
tenance of roads and bridges] have been made by former Legislatures
from the internal improvement fund, but such appropriations have
been made without any regard to a fixed system, but entirely in re-
sponse to demands from various localities. . . Financial aid from
the state should be proportional to the amount paid by the taxpayers
in the localities asking for aid, and to the benefits to be derived by the
people therefrom. '* 6jao5, p.17
c Del. Hunn. ". . . Unless the state is willing to issue bonds for
an amount sufficient to construct permanent roads generally in each
county, I advise the repeal of the present [state aid] act, and the en-
actment of what at the last Legislature was commonly known as the
* Newton bill,' which in effect gave state aid to any Levy Court
district that would voluntarily tax itself in the endeavor to improve
its roads locally. . ." 3 Ja 05, p. 15
d 111. Deneen. "I suggest an inquiry into the feasibility of furnish-
ing emplojmaent for our convicts in connection with the movement for
good roads. . ." "I suggest ... an inquiry into the ad-
visability of the state furnishing road material free at a point within
the county, to be designated by the local authorities. Inquiry also
could be made ... as to the feasibility of furnishing crushed
stone or ballast to the railways in exchange for transportation of
road material to the cotmties or districts." 9 Ja 05, p.6
e 111. Yates. ". . . . The Good Roads Conuntssion so far has been
restricted to study and investigation of the various problems of road
building in Illinois. It has neither the authority nor the means for
doing any practical work. Such authority and such means should be
given it, subject always to the popular will of communities throu^
which improved highways may pass. . ." 4 Ja 05. p. So
f Mass. Douglas. **. . . I . . . commend to your con-
sideration the necessity of devising some more equitable plan for the
distribution of the cost of construction and keeping in repair aU such
[state] roads. . ." 5 Ja 05. p.36
g Mich. Bliss. ''The 426. Legislature did a part of what was neces-
sary to be done in order to place the state in the foreground with other
states in the good roads movement. This amounted to but Httle
however, compared to what would have resulted had the recommen-
dation been put into execution in its entirety, for by not submittiiis
to the people an amendment to the Constitution giving to the state the
right to assist in highway improvement, the State Highway Depart-
ment which was created was declared by the Attorney General to be
without constitutional standing. Notwithstanding this decision,
however, my appointee as State Highway Commissioner has done
everything he could do in the good roads cause without fee or reward
and further has paid his own expenses. . ." 5 Ja 05, p.iS
h Mich. Warner. ". . . Under the Constitution of Michigan,
state aid can not be extended to the improvement of the public high-
ways. . . In my judgment, steps should be taken to submit to
LOCAL GOVERNMENT
the people the question of removing this piohihition. . . I xecom-
mend that a department of xoad building be instituted at the Agri-
cultuial College of this state and that instruction be given along both
acadeoiic and experimental lines. . ." 5 Ja 05, p.io
i Mo. Polk. ". . . A constitutional amendment would be ap-
propriate, providing for a tax whereby the road system can be put on
the same basis as the pubUc school system, under state supervision. . .
A state road engineer ought to be provided for, one skilled in the wa3rs
of road building, to oversee and superintend the construction of high-
ways over the state. . ." 9 Ja 05, p. 14
j H. H. McLane. ". . . For many years it has been the policy
of the state to make special appropriations for the improvement of
highways in certain sections of the state. . . I am of the opinion
that the time has come when we should adopt a comprehensive plan,
which shall be general in its application for the purpose of giving state
aid for the improvement of the public highways. . ."
5 Ja 05, p.2o
k N. H. Otero. ". . . The building of the scenic route is not a
mere local improvement but the starting point for a territorial S3rstem
of good roads whose branches will ultimately extend into every county.
At the same time the question of convict labor is solved very satis-
factorily. . ." i6Jao5, p.33
m Jl. Y. Higgins. "Without increase in the estimated revenues of
the state for the ensuing year, appropriations for good roads must be
modest in amount, pending the action of the Legislature and the people
upon the proposed constitutional amendment permitting the issue of
bonds for the improvement of the highways. . . The highways
that are to be improved tmder the proposed plan should constitute a
reasonably complete system of land intercommtmication, otherwise
we shall simply have patchwork. . . They should be kept in re-
pair at the expense of the locality, under the supervision of the state
... I also recommend that the contracts for building the roads
require that the contractor shall maintain the same for at least five
years after acceptance by the State Engineer. . . " 4 Ja 05 , p. 1 4-1 $
n Vt. McCullough. ". . . Let a commission ... be appointed
by the Governor . . . the Commissioner of Highways also
being a member of the commission. Let the commission adopt a
scheane for the construction of improved highways, of course utilizing
the present as far as may be, providing for, say, two or three lines
ruhning north and south, on the west and east sides of the state, and
six or seven lines east and west across the state, aggregating
eight or nine hundred miles of highways altogether. By improved
highways I do not necessarily mean macadam roads, for it is ex-
tremely doubtful whether such roads are the best, the most econ-
omical or the most permanent for our climate. . ."
6 O 04, p.29-30
Rotda
370^33 N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
p W. Va. White. State Geological Survey should be required to
report on road improvement. 11 Ja 05, p.S3— 54
3723 Automobiles and motocycles
a Ct Roberts. "The law regulating the speed of automobiles on
our highways has proved a failure, laxgely because the penalty im-
posed for its violation is not severe enough to insure its observance.
I recommend that the penalty for the violation of that law be in-
creased so as to permit a jail sentence in aggravated cases. I axn
credibly informed that wealthy residents of other states, who use
Connecticut merely to run over it, boast of the fines they have to pay,
and count pursuit by the officers of the law a part of the fun of the
transit of the state. Every automobile should be distinctly num-
bered. . . The bicycle lantern law is dead and ridiculous. In
my opinion, the public safety would be greatly advanced if the law
required all wheeled vehicles out after dark to carry lighted lanterns.*'
4 Ja 05, p.30
b Ind. Durbin. "The number of accidents resulting from the caxe-
less and reckless driving of automobiles suggests the advisability of
legislation regulating the speed and manner of handling of these
machines upon the streets and highways of the state." 6 Ja 05, p.3 z
c Mich. Warner. Regulation of automobiles recommended.
5 Ja OS. p.ii
d N. H. McLane. "There should be a law regulating the use of
automobiles. It should provide that operators be licensed and
machines be registered. A reasonable speed Umit should be estab-
lished." 5 Ja 05, p.ao
e N. J. Murphy. "I desire to call the attention of the Legislature
to the necessity of a revision of the present law concerning the regtda-
tion of automobiles. . . If the number of accidents from reckless
automobile driving could be collected their number would be appalHn^.
and I think it is not going too far to say that however alluring and
interesting a sport may be, no one has a right to pursue it at the cost
of permanent or fatal injury to others. . . If no machine was
ever run at a speed to exceed 20 miles an hotir, at least 90% of all the
present accidents woidd be avoided. . . I earnestly recommend
that the present law be so modified that no machine shall be permitted
on the roads of this state tmless it shall be geared so as to make a speed
higher than ao miles an hour impossible. I think a Hoenae
fee of $5 a year can be obtained without serious objection, and I sug-
gest that the law be amended to require this, and that it be provided
that the stun obtained from the sale of licenses to automobOists,
which may easily reach upwards of $30,000 per annum, shall be ex-
pended on the improvement of the roads. . . I think,
also, that the examination of automotrilists is not as thorough as it
should be. A man who drives an automobile should be enough of an
engineer to understand 'his machine, and better supervision for his
more thorough examination should be made. . .
LOCAL GOVBRNMBNT 3733-44
Let the puxushment for any infringement of the speed law be
imprisonxnent for not less than 30 days, without any exception
whatever. The speed law can not be enforced as long as the penalty
for infringement is a fine." zo Ja 05, p.aa-25
f yt. Bell. ". . . I would recommend some system of highway
supervision, requiring a license for the automobile, that it be num-
bered for identification, restrained in rate of speed, and restricted to the
freedom of certain thoroughfares which could be marked so plainly
that whoever runs may read and tmderstand. 6 O 04, p.4
3744 Weeds. Brush
a Vt. BeH. "I am in favor of some law covering the better care
of roadade environments. Obstructions, bushes and unsightly weeds
should be destroyed, for they become an offense. . ." 6 O 04, p.4
INDEX
References are to classification numbers at left of each page.
tions, 1662b, 1662c; family,
496a; fish and game, 1900b; gov-
ernor's clerks, 44a; public health,
932a; historical societies, 2366a;
irrigation, zi83a; legislature, 80a;
state library, 2354a; medicine,
944a; militia, 2391a, 2402b; phar-
macy, 949a; police, 874a; state
prisons, 341a, 341b; railways,
1282a; reform schools, 346b; sec-
retary of state, 49a; state institu-
tions, 63b; street railways, 1370a;
surety companies, 1795a; taxa-
tion, 800a, 819a, 827a, 829a, 845b,
846a
Arkansas (governor's message), bud-
get, 849a; public buildings, 781a;
charities, 2143a, 2183b, 2186a,
2186b, 2198b, 2198c; combina-
tions, 589a; education, 2230a,
2246a, 2283a, 2332a; expositions,
1662c; insurance, 1764a; labor,
2126a; liquors, 918a; state prisons,
341c; reform schools, 346c; taxa-
tion, 841a, 845c
Armories, 2392
Arrests, criminal procedure, 204a
Art, 2386
Artesian wells, 11 89
Assessment of taxes, 819
Asylums, blind, 2 191; deaf and
dtunb, 2186; epileptics, 2210
Attorney general, 50
Attorneys, 591; prosecuting, 675
Auditor, see State auditor
Automobiles, 2723
Aycock, Charles B., see North Caro-
lina
Ballots, 175
Banks, 1679; capital stock, 1684;
deposits, 17 12; deposits, public
.2329
Accident insiuance, 1754, 1762
Accidents, 2125; railways, i3i4d,
13146, i3i4f, 131S
Accounts, 853; state examiner of,
55; local government, 2575
Actions at law, civil procedure, 695 ;
criminal procedure, 202
Adams, Alva, see Colorado
Administration of estates, 426
Administration of justice, 590
Administrative law, 750
Adulterations, 1464; of foods, 956
Adultery, 268
Advertisements, nuisances, 1082
Agriculture, experiment stations,
1828; scliools, 2343; state boards,
1826
Alcohol, 900
Almshouses, 2155
Amusements, 879
Animals, cruelty to, 895; commu-
nicable diseases, 11 44; domestic,
1875; noxious, 1856
Apprehension of criminals, 204
Appropriations, 851; local finance,
2577
Arbitration, labor disputes, 2136
Architect, state, 783
Archives, 2365
Arizona (governor's message), ac-
counts, 858a, 859a; attorney
general, 50b; banks, 1679b; budget,
849a; public buildings, 781a;
charities, 2198a; county govern-
ment, 2504a, 2517a; courts, 603b,
609a; public debts, 865a; den-
tistry, 948a; commtmicable dis-
eases, 1043b; communicable
diseases of animals, 1144a;
edncation, 2329a, 3329b, 3266a,
3333a; elections, x6oa; exposi-
N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
funds, 868, 2600; inspection, 1680;
loans, 1 691; officers, 1693; sav-
ings, 1708; state department,
1680; taxes, 843
Bar, admission to, 592
Barbers, 1540
Battle flags, 2371
Battlefields, memorials on, 2376
Beckham, J. C. W., see Kentucky
Bell, Charles J., see Vermont
Biennial legislative sessions, 113b
Bills, legislative, 106
Birds, game, 1947
Blind, 2188
Bliss, Aaron T., see Michigan
Blue books, 72
Boilers and engineers, 11 28
Bonds, railways, 1279; state officers,
38(4; surety and guaranty com-
panies, 1796; state and local, see
Debts, public
Bookmaking, 887
Boundaries, 17
Bounties, on animals, 1856; trees,
planting, 1892
Bribery, legislators, 96, 126c; voters,
126c, 149c, 167a
Bridges, 1393
Brodie, Alexander O., see Arizona
Brooks, B. B., see Wyoming
Broward, N. B., see Florida
Brush on roads, 2744
Budget, 849; local finance, 2575
Building and loan associations, 17 18
Buildings, sanitation and safety,
1099;
Public : 7 79 ; insurance, 791; school,
2233
Business taxes, see Taxation, business
taxes
California (governor's message), ac-
counts, 85 Sa; budget, 849a; pub-
lic buildings, 781a, 791a; charities,
2140a, 2172a, 2193a; convict
labor, 35Sa; convicts, 373b; dis-
qualification of criminals, 140a;
depositories, 868a; education,
2241b, 2242a, 2254a, 2266a, 2332a,
2344b; floods, 1113a; forestry,
1890b; public health, 932a; hor-
ticulture, 1844b; public lands,
778b; legislative procedure, xo6a;
militia, 2391a; mines and mining,
202oa; pharmacy, 949b; state
printing, 67a; state prisons, 34id;
records, 2365b; reform schools,
345l>i 346d ; state institutions, 63c ;
statistics, 19a; statutes, 2a, 3a,
loa; taxation, 800b, 836a
Canals, 1384
Candidates, elections, 160
Canvass of votes, 195
Capital stock, banks, 1684; no-
ways, 1279
Capitol, 781
Car companies, 1267
Casualty insurance, 1764
Caucuses, 160
Census, 21
Chamberlain, George E., see Oregon
Charities, 2140; blind, 2188; chil-
dren, 2x72; epileptics, 3210;
feeble-minded, 2215; insane, 2193;
poor relief, 2149; ^^^ ^^^ ^^'
abled, 2160
Children, 2172; blind, a 188; cruelty
to, 895; deaf and dumb, 2x84;
employment, 2113a, 21x8; juve-
nile offenders, 371; probation,
374; reform schools, 346
Cider, 918
Cities, see Municipalities
Citizenship, 117
Civil law, 375
Civil procedure, 695
Civil service, county, 2512; munici-
pal. 2473
Civil service exanunations, local,
38(2; state officers, 38(1
Claims, against state, 855; state
finance, 854
Cobb, William T., see Maine
Cocaine, 926, 953b
Codification of statutes, 10
Collateral inheritance tax, 836a, 836c
Colonial laws, 2365
Colorado (governors' messages), ac-
cotmts, 856a, 856b; adulteration of
foods, 956b; budget, 849a, 849b,
851a; charities, 2177a, 2x98a; con-
INDEX
vict labor, 354b; convicts, 373c;
cruelty to children and animals,
895a; public debts, 865a; educa-
tion, 2240a, 2244a, 2254b, 2266a,
2332a, a344a> 2349a; elections,
126a, 149a, 19 5a; expositions,
1662b, 1662c', local iinance, 2578a;
forestry, 1890c; public health,
932a; historical societies, 2366a;
irrigation, 1183a; labor, 2085a,
2085b, 2136b, 2136c, 2139a, 2139b;
public lands, 776b; state library,
2354a; mob violence, 927b; state
printing, 68a; state prisons, 341a;
reform schools, 346a; reforma-
tories, 347a; roads, 2702b; sol-
diers homes, 2416a; state officers,
38a, 38(1 a, 38(6a; state supplies,
787a; taxation, 819b, 825a
Combinations, 589; insurance, 1740
Commerce and industry, 1422
Common carriers, 2240
Communicable diseases, 1020; of
animals, 1144
Comptroller, state, see State comp-
troller
Compulsory school attendance, 2270
Concealed weapons, 262a .
Condeomation of property, railways,
1297
Confederate veterans, pensions and
aid, 2409
Congressional apportionment, 83a
Connecticut (governor's message) ,
agriculture, 1826a; automobiles,
2723a; budget, 849a; public
buildings, 781a, 781b; charities,
2213a; constitution, 32a; convict
labor, 357a; courts, 645a, 668a;
education, 2223a, 2231a, 2350b,
2350c; expositions, 1662c; labor,
2040b, 2i36d; legislature, 80b;
libraries, 2357a; state library,
2354b; militia, 2391b, 2392a;
reformatories, 347b; roads, 2700b;
state officers, 38b, 38(8a; statutes,
2b; taxation, 836b, 845d
Ccmstitutional amendments, arbitra-
tion, 2136b; ballots, 175c; biennial
sessions, xi3b; census, 21b; direct
legislation, 115b; elections, 187a,
i87d ; forestry, i894f; state printer,
67b; railways, 1267b; roads,
27o2i, 2702m; school funds, 2240c;
state officers, 38a; taxation, 8oog,
800I, 807a, 825e, 830b; trials by
jury, 732a; United States sena-
tors, 84b, 84c; veto power of gov-
ernor, 45a, 45b. 45<i
Constitutional conventions, 32
Constitutional law, 1 5
Constitutions, 30
Consumption, 1042
Contagious diseases, 1020; of ani-
mals, 1 144
Contests, elections, 196
Contracts, 453; public, 787; tax on,
835
Conveyance of property, 392
Convict labor, 341b, 354; roads,
27o2d, 2702k
Convicts, 352; sentencing and re-
form, 363
Corporations, 500; taxes, 841. See
also Combinations; Public ser-
vice corporations
Corrections, 335
Corrupt practices, 149
Counties, assessors, 819a; civil ser-
vice, 2512; consolidation, 2498;
boards of education, 2230; govern-
ment, 2492; new, 2498; officers,
2593; poUce, 874
Court of claims, 855
Courts, 600; inferior, 645; inter-
mediate, 609 ; officers, 657 ; supreme,
605
Crimes and offenses, 234; statistics,
19a
Criminal insane, 361
Criminal law, 200
Criminal procedure, 202
Criminals, disqualification of, 140
Cruelty to children and animals, 895
Customs, 847
Cutler, John C, see Utah
Dairy products, 961
Damages, personal injury, 471, 2125
Davis, Jefferson, see Arkansas
N.Y. STATE LIBRARY GOVERNORS MESSAGES I905
Dawson, W. M. O., see West Vir-
ginia
Deaf and dtimb, 2184
Debts, public, 865 ; local and munici-
pal, 2S97
Decedents estates, 426
Deeds, tax on, 835
Defectives, 2183; blind, 2188; deaf
and dumb, 2184; epileptics, 2210;
feeble-minded, 2215; insane, 2193
Delaware (governor's messages),
adulteration of foods, 9S6C; bound-
aries, 17b; budget, 849a; charities,
2183a, 2 2oSa, 2215a; convict labor,
354C| 35Sa» communicable diseases,
1042c; education, 2228a, 2233b,
2246b, 2246c, 2272a, 2334a; elec-
tions, 175a, 184a, 187a; fish and
game, 1900c; public health, 932a;
legislative procedure, io8a; li-
braries, 2357a; liens, 405a; liquors,
904a; militia, 2391a; roads, 2702c;
statutes, 3b; taxation, 833a, 843a
Delinquent taxes, 829
Deneen, Charles S., see Illinois
Dentistry, 948
Dependents, see Charities
Depositories, 868 ; local finance, 2600
Deposits, savings banks, 171 2
Dikes, 1 192
Direct legislation, 115
Direct nominations, 160(3
Discriminations, transportation and
communication, 1204
Diseases, commimicable, 1020; of
animals, 1144
Dispensaries, liquor, 903
Divorce, 480
Domestic animals, 1875; contagious
diseases, 11 44
Domestic relations, 474
Douglas, William L., see Massachu-
setts
Drains, 11 83, 1192
Druggists, 949
Drugs, sale of, 952
Durbin, Winfield T., see Indiana
Education, 2220; cotmty boards,
2230; state boards, 2229; district.
township and mimxcipat, 2231;
elementary and secondary, 2223;
higher, 2330; negroes, 2246; pro-
fessional and technical, 2342
Elections, 126; contests, 196; days,
171; offenses, 149, 167; primary,
160; returns, 195
Electric companies, 2638a
Electric lighting companies, taxa-
tion, 845n
Electric railways, 1337, 1370; taxa-
tion, 845m, 845n
Elrod, Samuel H., see South Dakota
Embalming, practice of, 938a, 1051
Eminent domain, see Condemnation
of property
Employees, 2044; hours of labor,
2085; mines, 2063; safety. 2052
Employers liability , 1762a, 2125
Emplo3mient, 21 13; bureaus, 211$;
offices, 21 14. See also Labor
Engineers, 11 28; state, 796
Epileptics, 2210
Equalization of taxation, 825
Estates, administration of, 426
Evening schools, 2319
Excise, 907
Executive mansion, 782
Exemptions from taxations, 810
Expectoration, 1073
Expositions, 1662
Express, 1267
Express companies, 1237a; taxation,
845k
Extradition, 210
Factories, inspection, 204od, 204of,
204og, 20401; regulations, 2044
Fairs , 1 66 2 ; state , 1 840
Family, 474; crimes against. 264;
support, 496
Farmers institutes and reading
courses, 1829
Feeble-minded, 2215
Fellow-servant law, 2125
Ferguson, Thompson B., see Okla-
homa
Finance, 77o; local, 2550; school,
2237 ; state institutions, 2333. See
also Accounts; Funds; Taxation
INDEX
Financial officers, 857; local, 2588
Fire insurance, 1764
Fireanns, 26a
Fires, 1092 ; forest, 1893
Fiscal year, 860
Fish, 1900, 1959
Flags, desecration, 252
Floods, 1 1 13
Florida (governor's message), adul-
teration of foods, 956d; agricul-
ture, 1826a; attorney general, 50a;
barbers, 1540b; budget, 849a; cen-
sus, 2ia; charities, 2183a, 2i98d;
convict labor, 3 5 6a, 357b; courts,
605a, 668b; criminal procedure,
213a; cruelty to animals, 896a;
public debts, 865a; education,
2220a, 2225a, 2223b, 2240a, 2284a,
2288a, 2332a, 2332b; elections,
i6ob, 160C, 167a; local finance,
2 5 79a, 2583a; fish and game,
i90od, 201 la; forestry, 1893a; life
insurance, 17548'; liquors, 911a;
miKtia, 2391a; nuisances, 1073a;
pensions, 2409b; railways, 1267b,
1301a, 1314a, 1314b, 1314c, 1315a;
reform schools, 346e; soldiers
homes, 2416a; taxation, 825b,
&33t>, 845e; vital statistics, 938a
Folk. Joseph W., see Missouri
Poods, adulteration, 956
Forest fires, 1893
Forest preserves, 1894
Forestry, 1890
Franchise, electoral, 129
Franchises, 115a, 115c; mimicipal,
2627a; taxation, 800c, 8oof, 836f.
See also Corporations
Pranks, 1237
Fraternal beneficiary societies, 1761
Prazier, James B., see Tennessee
Free public libraries, 2356
Freight, 1200, 1240a, 1301a
Fruit pests, 1844
Funds, depositories, 868; local, 2600
OamhKng, 887
Game, 1900; birds, 1947
Garvin, Lucius F. C, see Rhode
Gas, 203s
Geology, 2384
Georgia (governor's message), battle
flags, 2371a; convict labor, 357c;
education, 2343a, 2344c; elections,
i6od; encouragement of immigra-
tion, 1675b; records, 2365a; taxa-
tion, 807a, 825c, 836c, 841b
Girls, institutions for, 345
Glanders, 1155
Glenn, R. B., see North Carolina
Gooding, Frank R., see Idaho
Government, crimes against, 236
Government documents, 67
Government ownership, see Munici-
pal ownership
Governor, 40; clerks, 44; succession,
42 ; veto power, 45
Grain, inspection, 15 17; warehouses,
1515
Grand jury, 213
Guaranty companies, 1795
Hanly, J. Frank, see Indiana
Harbors, 1803
Health, public, 930; adulteration of
foods, 956; local boards, 934; com-
municable diseases, 1020; sanita-
tion of buildings, 1099; state con-
trol of medicine, 940; state boards,
1314a
Health and comfort of employees,
2064
Health insurance, 1762
Herreid, Charles 'S,,see South Dakota
Hejrward, D. C, see South Carolina
Higgins, Frank W., see New York
High schools ,2327
Higher education, 2330
Highways, 2700
Historic places, 2369
Historical societies, 2366
History, 2363
Hoch, E. W., see Kansas
Home rule, 2433
Horticulture, 1844
Hospitals, 2166
Hot springs, 1199
Hours of labor, 2085
Hunn, John, see Delaware
N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
Hunting, 1900
Husband and wife, 474
Hygiene in schools, 2310a
Idaho (governor's message), public
buildings, 781c; charities, 21980,
2215b; convict labor, 3 5 4d ; crimes
and offenses, 268a, 282a; deposi-
tories, 868b; commtmicable dis-
eases of animals, xi44b; education,
2241C, 2332a; state examiner,
55b; expositions, 1662b; forestry,
1894b; horticulture, 1844a; en-
couragement of immigration,
1675a; irrigation, 1183b, 1183c;
juvenile offenders, 371 (3a; public
lands, 774b; militia, 2391a; mines
and mining, 2020a; state prisons,
34ie; railways, 1282b; reform
schools, 346a; soldiers homes,
3416a; state supplies, 787b
Idiots, 221S
Illinois (governors' messages), ac-'
counts, 853a, 856c; adulteration of
foods, 956e, 956f; agriculture,
1826b; battle flags, 2371a; budget,
849a; canals, 13 84b; charities,
2140a, 2191b, 2215c; civil proced-
ure, 695a; convict labor, 354a,
359a. 3S9b, 360a; convicts, 373a;
corporations, 516a; criminal pro-
cedure, 204a; communicable dis-
eases, 1 04 2d; communicable dis-
eases of animals, zi44a; educa-
tion, 2344a; elections, 147a, i6oe,
i6of; expositions, 1662a, 1662b,
1662c; local finance, 2597a; flsh
and game, 19000, i90of, i90og;
geology, 2384b; local government,
2430a; public health, 934a; history,
2363a; insurance, 1732b; juvenile
offenders, 371a; labor, 2040a,
2oS2a, 2052b, 2082a, 2136a, 21360;
medicine, 944b; memorials, 2376a;
militia, 2391a, 2391c; pharmacy,
949c; roads, 2700a, 2700c, 2 7o2d,
27020; state oflScers, 38 (ib (38(ic;
street railways , 1337a; waterways ,
1805a
Imitations, foods, 956
Immigration, encouragement of , 167$
Income tax, 8oog, 809b, 830
Indeterminate courts, 609
Indeterminate sentence, 370
Indexes to laws, 8
Indiana (governors' messages), ac-
counts, 854a; adulteration of foods,
956g; automobiles, 2723b; banks,
1679c, i679d; bribery, 96a; budget,
849a; public buildings, 7 8 id, 783a;
charities, 2186a, 2i98f, 2i98g,
2213b, 2213c; convict labor, 356b;
cotirts, 609b; public debts, 865a;
commtmicable diseases , 1 04 2e ; edu-
cation, 2220b, 2235a, 2254c, a3ioa;
elections, 149b, i68a; expositions,
1662c; family, 476a, 480a; fires,
1093a; forestry, 1894c; governor,
40a, 42a; public health, 936a; in-
surance, 1732c; labor, 2040a; legis-
lative officers and employees, loob;
legislative procedure, io8b;
liquors, 904b, 907b; lobbying, 99b;
state manual, 72a; memorials.
2376a; militia, 239 id, 24oaa; mob
violence, 927a, 927c; petroleum
products, 1493a; prisons, 335a I
railways, Z237a, 1367c, X367d;
reform schools, 345c; reform-
atories, 347a; state institutions,
63a, 63d; statutes, 3c, xxa; taxa-
tion, 800a
Industrial insurance, 1762
Industries, encouragement of, 1630
Infectious diseases, 1020; of animals,
1 144
Inferior courts, 645
Inheritance taxes, 836
Initiative, 115
Insane, 2193; criminal, 361
Insect posts, 1844
Institutes, teachers, 2263
Insurance, of buildings, 791; state
departments, 1733
Insurance companies, 1733; surety,
1795; taxation, 844
Interest, 463
Intimidation, labor disputes, 3x34;
of voters, 156, 167a
Intoxicating liquors, 900
INDEX
Investment companies, 17 15
Investments, 1691; savings banks,
1713; school fvmds, 2241
Irrigation, 11 83
Jamestown Exposition, 1662
Johnson, John A., see Minnesota
Judges, 668
Judgments, criminal procedure, 224
Jury, 726; grand, 213
Justice, administration of, 590
Juvenile offenders, 343, 361
(governor's message), ac-
counts, 856d ; adulteration of foods,
956h; agriculture, 1826a; barbers,
1540c; charities, 2143a; convict
labor, 354e, 359c, 360b; crimes
and offenses, 252a; depositories,
868c; communicable diseases of
animals, 1144c; drains, 1192a; edu-
cation, 2229c, 2240b, 2266a,
3266b, 2270a, 2332a, 2332c; elec-
tions, i6og; expositions, 1662c;
fires, 1093b; fish and game, i90oh;
governor, 40b; grain inspection,
1517b; insurance, 1732a, 1740a;
irrigation, 1183a; juvenile offend-
ers, 37 1 (3b; labor, 2040a; libraries,
2357b; liquors, 902a; medicine,
944c; militia, 2391a; mines and
mining, 2035a; state printing, 67b;
public works, 2638a; railwa3rs,
12670; reform schools, 346a, 346f;
roads, 2702a; soldiers homes, 2416a;
state institutions, 630; state offi-
cers, 38 (id; taxation, 800c; tele-
graph and telephone companies,
1411a; United States representa-
tives, 83a; veto power of governor,
45a; woman suffrage, 146a
Kentucky (governor's message), pub-
lic buildings, ^%le
Labor, 2040; convict, 341b, 354;
convict, on roads, 358, 27o2d,
2702k; disputes, 2134; employers
liability, 2125; employment, 2113;
hours, 2085
La Pollette, Robert M., see Wiscon-
Land registration, Torrens system*
396a
Lands, 379; drainage, 1183; public,
774; school, 2240
Lanham, S. W. T., see Texas
Law, i; practice of, 591
Lawyers, 591
Leases, public lands, 775
Legal notices, 697
Legislation, special, 88. See also
Statutes
Legislative manuals, 72
Legislative printing, 108
Legislative procedure, 105
Legislative sessions, 113
Legislature, 77; officers and em-
ployees, 100
Levees, 1192
Lewis and Qark Exposition, 1662
Libel, tort, 472
Libraries, 2352; free public, 2356;
school, 2360; state, 2354; state
aid, 2357; traveling, 2357
Licenses, see Taxation, business taxes
Liens, 405
Life insurance companies, 1754; tax-
ation, 844a
Lighting, 797
Liquors, intoxicating, 900; license
tax, 833a, 833d
Livestock, contagious diseases, 1144
Loans, banks, 169 1 ; building and loan
associations, 1724
Lobbying, 99
Local finance, 2550
Local government, 2430
Local legislation, 88; procedure, no
Local option, liquors, 904
Louisiana Purchase Centennial, 1662
Ltunber, 1896
Lunatics, see Insane
Lynching, 927
McBride, Henry, see Washington
McCullough, John G., see Vermont
McLane, John, see New Hampshire
Maine (governor's message), budget,
849c; liquors, 902b; state officers,
38(8b
Manual training schools, 2350
N. Y. STATE LIBRARY GOX'ERNORS MESSAGES I905
Manuals, 73
Markets, 1508
Marriage, 476; and divorce, statistics,
19a
Massachusetts (governor's messages) ,
accounts, 853b, 860a; budget, 849a,
849d; charities, 2i98h, 2218b; con-
vict labor, 360c; convicts, 3S2a.
374a; crimes and offenses, 260a;
customs, 847a; public debts, 86sb,
8650; direct legislation, 115a; edu-
cation, 2343b, 235od; elections,
i8sa; local finance, 2578b; forestry,
1892a; encouragement of indus-
tries, 1675c; labor, 2040c, 2064a,
2085c. 2096a, 2113a, 2115a,
2i36f, 2139a; liquors, 904c;
memorials, 2377b; militia, 23910;
old home week, 2368a; police,
875a; state prisons, 34if; pub-
lic works, 2627a, 2629a; rail-
ways, 1212a; roads, 27o2f;
soldiers homes, 2416a; state offi-
cers, 38(ie; statutes, 2c; taxation,
836d; water, consumption of, 2653a
Mead, Albert E., see Washington
Meats, 1004
Medical inspection of school children,
2281
Medicine, state control, 940
Memorials, 2363, 2370; on battle-
fields, 2376; to individuals, 2377
Merchandise, sale of, 459
Michigan (governors' messages), ac-
counts. 854a, 856e, 856f; agricul-
ture, 1826c, 1829a, 1840b; auto-
mobiles, 2723c; banks, 1679^;
boilers and engineers, 1128a; bud-
get, 849a, 851b; public buildings.
78if. 78ig, 782a; census, 21b;
charities, 2177b, 2i98i, 2213d;
constitution, 32b; convicts, 370a,
372a, 374b; domestic animals,
1875b; education, 2240c, 2264a,
2272b, 2332a; elections. 150a. i6oh,
i6oi, i68b, 185b; expositions,
1662c; fires, 1093c; fish and game.
i90oi, 1904a; forestry, i894d; his-
torical societies, 2366a; labor,
204od; special laws, 88a; legisla-
tive procedure, io6b, 109a; militia,
2391a, 2402c, 2402d; memorials,
2376a; mtmicipalities. 2433a; rail-
ways, 1212b, 1 2 40a; reform schools,
345d; reformatories, 347c; roads.
2702 g, 270 2h; state institutions.
64a; state officers, 3 8 (8c; statutes.
3d, 3e, 4a, lib; taxation, 8ood.
8ooe, 825d, 845a. 845^, 845g; vet-
erans, 2411a; veto power of gover-
nor, 45b; vital statistics, 938b;
war records, 2379b
Mickey, John 'H.^see Nebraska
Military regulations, 2388
Military schools, 2348(5
Milk products, 961
Mineral lands, 775, 776
Miners, hospitals, 2167
Mines and mining, 2020; employees,
2063; schools of, 2349; taxation,
846
Minnesota (governors' messages),
adulteration of foods, 9S6a, 956!;
budget, 849a; public buildings,
781a; charities, 2198J, 2204a; con>
vict labor, 36od, 3600; courts, 668c ;
public debts, 865d; domestic ani-
mals, 1875a; drains. 1195a, 1195b;
education, 2223a, 2223c, 2239a,
2230b, 2233c, 224od; elections,
i6o(3a, 196a; local finance, 2583b;
fish and game, 1900a, 1900J; for-
estry, 1890a, 1892b. 1893b, 1894a;
governor, 40c; public health, 932a;
encouragement of immigration,
i675<i; insurance, 1732^, i734«k>
1761a, 1769a; labor, ao4oa, 9ia5a;
public lands. 774*, 774C, 77Sa^,
778(5a, 778(5b; memorials, 9376a.
2377a; militia, 2391a; state pxisona
341a, 34ig; rjulways. xaiac, iaia<l,
1237b, i267f, 12 72a; reform schools,
345e, 346g; roads, 2700a, 2700(1 ;
scenic and historic places, 9369a;
soldiers homes, 2416a. 9418a,
2418b; state institutions, 63g, 63b,
631 ; street railways, X337b; taxa-
tion, 8oof, 8oog, 8360, 845b; tele-
graph and telephone companies,
1411b
INDEX
llissonri (gpvemor's messages), i
amusements, 887a, 887b; bribery, I
96b; budget, 849a; elections, 126b, 1
i6oj, i8oa; expositions, 1662b; ;
labor, 2i36g; liquors, 908a; lobby-
ing, 99c; musetuns, 2367a; police, j
875b; railways, 1237c; reforma-
tories, 347d; roads, 27o2i; statutes,
lie; torts, 47 la; United States
senators, 84b
Mob violence, 927
Honeys, taxation, 809
Ifonopolies, see Combinations
Montana (governor's message), agri-
culture, 1840a; budget, 849a; pub-
lic buildings, 78ih, 791b; convicts,
353a; courts, 668d, 668e; direct
legislation, 115b; elections, 1 60 (3b ;
expositions, 1662c; insurance,
1761b; irrigation, 1183a; labor,
2063b, 2064b, 2125b; memorials,
2377a; state printing, 70a; rail-
ways, i267g; state institutions,
63a; state officers, 38c; taxation,
82 5e; United States senators, 84c
Morals, crimes against, 264
Mortgages, taxation, 809b
Motocydes, 2723
Municipal franchises, 2627a
Municipal ownership, 2629. See also
Government ownership
Municipal utilities, 2627
Municipalities, 2432, 2433; civil ser-
vice, 2473; finance, 2550; home
rule. 2433; police, 875
Murphy, Franklin, see New Jersey
Museums, 2367
HaicoticSy 926, 2310
National Guard, 2391
Natural gas, 2035
Naturalization, iz8
Navigation, 1800
Nebraska (governor's message), ac-
counts, 8s6g, 859a, 863a; adultera-
tion of foods, 9S6j ; boundaries, 1 7a ;
budget, 849a; public buildings,
79xc; charities, 2149a, 2198a,
32i8c; courts, 605b; education,
3332a; expositions, 1662a, 1662b,
1662c; guaranty companies, 1796a;
irrigation, 1183a; lobbying, 99d;
militia, 2388a, 2391a; petroleum
products, 1493a; reform schools,
345f; supplies for state institu-
tions, 790a; taxation, 8ooh, 825f
Negroes, education, 2246; transporta-
tion accommodations, 1238
Nevada (governor's message), ac-
counts, 854a, 85 sa; budget, 849a;
public buildings, 781a; charities,
2177a, 2198a; communicable dis-
eases of animals, ii44d; education,
2233a, 2241a, 2332a; expositions,
1662c; irrigation, 1183d, 1189a;
labor, 2063c; militia, 2391a; pub-
lic printing, 74a; state prisons,
341a; railways, 1267a; state in-
stitutions, 63a
New Hampshire (governor's mes-
sage), agriculture, 1826a; automo-
biles, 2723d; banks, 1679a; sav-
ings banks, 1708a; budget, 849a;
public buildings, 781a; charities,
2198k, 2218a; public debts, 865a;
education, 2223a, 2247a, 2329a,
2332a, 2344a; fish and game, 1900a;
forestry, 1890a; labor, 2040a;
liquors, 904d; militia, 2391a; re-
form schools, 346a; roads, 2702J;
soldiers homes, 2416a; state insti-
tutions, 63 j; taxation, 83 6f; town-
ships, 2527a
New Jersey (governors', messages),
automobiles, 2723e; budget, 849a;
buildings, iiioa; charities, 2143b,
2143c; constitution, 32c; corpora-
tions, 500a, 500b; communicable
diseases, 1042a; education, 22406,
2344d; elections, 171a, 185c; local
finance, 2578c; forestry, 1890a,
18946; labor, 2040a; public lands,
775b; special laws, 88b; legislative
procedure, 109b; state prisons,
341a; reform schools, 345a, 346a;
reformatories, 347e; sewerage,
2661a; state institutions, 63a, 63k;
state officers, 38d; taxation, 800a,
803a, 825g, 8451, 845J; water
supply, 2648a, 2648b
N. Y. STATE IJBRARY GOVERNORS MESSAGES I9O5
New Mexico (governor's message),
accounts, 854b, 8s6h, 858b; agri-
culture, 1831a; boundaries, 17a;
budget, 849a; charities, 2172b;
civil procedure, 730a; county gov-
ernment, 2498a, 2518a; criminal
procedure, 208a; communicable
diseases of animals, 1144a; educa-
tion, 2223d, 2229d, 2272c, 2348(5a;
elections, 126c; expositions, 1662a,
1662b, z662c; local finance, 2583c,
2600a; game, 1915a; historical
societies, 2366a; insurance, 1733a;
irrigation, 1183a, ii83e, 1189b;
labor, 2040a; public lands, 774&»
774d; legislative officers and em-
ployees, 1 00a; liquors, 912a; lobby-
ing, 99e; medicines, 952a; memo-
rials, 2377c; militia, 2391a; poisons
9S3a; police, 874b; roads, 27ooe,
2702k; scenic and historic places,
2369a; state institutions, 64b;
state officers, 38(7a, 38 (8d, 38(9a;
statutes, 4b, I id; Sunday observ-
ance, 929a; suretyship, 467a;
taxation, 82 sh, 82 si, 827b; torts,
472a
New York (governor's messages),
agriculture, 1826a; banks, 1679a,
1680a, 1691a, 1693a; savings banks,
1712a, 1713a; budget, 849a; build-
ing and loan associations, 1724a;
buildings, mob; public build-
ings, 78ii, 783b; canals, 1384a,
1384c ; census, 2 ic ; charities, 2 i88a,
2193b, 2198m, 2203a, 2 2i8d; child
labor, 2ii8a; civil service, 38(1!,
38(2a; convicts, 353b; public debts,
865a; education, 2223a, 224id;
elections, 187b; expositions, 1662c;
fish and game, 1900a; forestry,
1890a, i894f; insurance, 1732a;
life insurance, i7S4b; investment
companies, 1715a; labor, 204oe;
special laws, 88c; legislative pro-
cedure, 109c; liquors, 904e, 907a;
prisons, 335b; reform schools, 345a,
346a; roads, 2702m; scenic and his-
toric places, 2369b; state institu-
tions, 63m; supplies for state in-
stitutions, 790b; state ofi&ceis,
38(if ; taxation, 841c, 843b, 843c;
pollution of water, 1079b; -water
supply, 2648c, 2648d; woman suf-
frage, 146b
Nominations, elections, 160
Normal schools, 2266
North Carolina (governors' mes-
sages), budget, 849a; child labor,
2ii8b; convicts, 372b, 373a; edu-
cation, 2230c, 2246d, 2272d, 2350a;
elections, 134a, family, 48ol>; en-
couragement of immigration,
1675a; liquors, 900a; mob vio-
lence, 92 7d; reformatories, 347f;
roads, 27oof
North Dakota (governors' messages),
budget, 849a; public buildings,
781a, 781J; charities, 2i98n; crim-
inal procedure, 210a; public debts,
865a; depositories, 868d; com-
municable diseases of animals,
ii44e, ii44f; drains, 1192b; educa-
tion, 224ie. 2 24if, 2333a; elections,
i6o(3c, 1 6o(3d; expositions, 1662b.
1662c; fish and game, 1900k; irri-
gation, 1183a, ii83f; public lands,
774e; state prisons, 34ih; state in-
stitutions, 63a, 63n; state officexs,
38(4a, 38(8e; statutes, 8a
Notaries public, 669
Noxious animals, 1856
Nuisances, 1065
Nursery stock, 1844
Oily mineral, 2035
Oklahoma (governor's message), ac-
counts, 858a, 859a; adulteration of
foods, 1004a; agrictdture. 1826a,
1825a; attorney general, 50a;
banks, 1679a; budget, 849a; chari-
ties, 2186a, 2198a, 2205b; dentistry,
948a; depositories, 868e; com-
municable diseases of animals,
1144a, 1146a; domestic animals,
1877a; education, 2223a, 324.0a,
2266c, 2332a, 2344a, 3350a; ex-
positions, 1662c; fish and game,
1900a, 1904b; grain inspection^
1517a; pubUc health, 933a; li]»»
INDEX
toikal todedes, a3C6a.; legislative
jnooed\uQ, i09<i; state library,
ajSAc; Vobbying, 99£; militia,
2391a; naicotics, 936a; osteo-
pathy; 9479^; petroleum products,
1493a; phaixnacy, 949a; state
prisons, 341a; roads, 2700a; veto
power of governor, 450
Old Home week, 2368
Oregon (governor's message), adul-
teration of foods, 956k; agricul-
ture, 1826a; budget, 849a; canals,
Z384a; census, 2 id; child labor,
2zz8c; dvil procedure, 732a; con-
vict labor^ 356c, 358b; convicts,
352b, 370b, 372c; criminal insane,
361a; public debts, 865a; com-
municable diseases, 1024a; com-
municable diseases of animals,
zi44g; domestic j^animals, 1875c;
education, 2223a, 2266d, 2288b,
2 33 2a ; elections , 1 50b ; employment ,
2114a; expositions, 1662a; family,
496b; fish and game, 1900a, 1986a;
forestry, 1890a, i89od; historical
societies, 2366a; insurance, 1762a;
irrigation, ii83g; juvenile offend-
er, 371(3^; labor, 204of, 2125c;
public lands, 774*, 774f, 774g»
778a; militia, 2391a, 2402e; state
printing, 67c; state prisons, 341a;
roads, 2700a; sailor boarding
houses, 2 x24a; soldiers homes,
2416b; state institutions, 63a;
state officers, 38(8f ; taxation, 8ooi,
807b, 820a, 845k; veto power of
governor, 45d; whipping post,
374{S»
Orphans homes, 2418
Osteopathy, 947
OteiD, Miguel A., s€€ New Mexico
Overl^islation, 85
Oysters, 2011
Ftfdae, George C, see California
Pardons, 373
Parks, 2679
Pan^, 379
Parties, pc^tical, 126, 168
' S, 1227
Passes, 1237
Peabody, James K., see Colorado
Penal institutions, 335
Penitentiaries, 341
Pennsylvania (governor's message),
adulteration of foods, 956m;
bridges, 1393a; budget, 849a;
public buildings, 78za; canals,
Z384d; charities, 2143d; corpora-
tions, 500C, 5ood; elections, 187c:
state engineer, 796a; expositions,
x662b, 1662c; fish and game,
z9oom; forestry, 18930, i894g;
governor, 4od; public health, 932b;
legislature, 8oc; state library,
2354d; memorials, 2377d; munici-
palities, 3443a; overlegislation,
85a; police, 874c; state printing,
67d; railways, i267h, 1297a; roads,
2702a; scenic and historic places,
2369a; state officers, 38 (8g; stat-
utes, 3f; taxation, 846b; torts,
472b; trust and safe deposit com-
panies, 1698a; waters, ii8oa
Pennypacker, Samuel W., see Penn-
sylvania
Pensions, soliders, 2406
Personal injury, 471
Personal property, taxation, 808
Petroleimi, 2035; products, 1493
Pharmacy, 949
Phosphate mining, 2039
Physiology in schools, 2310
Pillory, 374(5
Plants, 1844
Playgrotmds, 2694
Poisons, 953
Police, 872
Political parties, 168
Polls, 184
Polygamy, 282
Poolselling, 887
Poor relief, 2149
Poorhouses, 2155
Primary elections, 160
Printing, 67; bills, 108
Prisoners, 352, 363
Prisons, 335. 34x
Privilege ^taxes, see Taxation, busi-
ness taxes
N. Y. STATE LIBRARY GOVERNORS MESSAGES IQOS
Probation, 374
Procedure, criminal, 202
Professional and technical education,
2342
Prohibition, 902
Property, 377; conveyance of, 392;
personal, taxation, 808; public,
770; real estate, 379. See also
Taxation
Property and supplies, 779, 784
Prosecuting attorneys, 675
Prosecutions, criminal, 212
Public buildings, 779; insurance,
791; school, 2233
Public documents, 67
Public health, see Health, public ^
Public lands, 774; school, 2240
Public libraries, 2356
Public morals, crimes against, 264
Public order, 870; crimes against,
256
Public property, 770; and supplies,
779. 784
Public prosecutor, 675
Public safety, 1090; railways, 13 14;
street railways, 1370
Public service corporations, taxa-
tion, 845
Public works, 793; hours of labor,
2096; local government, 2620
Quarantine, 1020b, 1024; of animals,
.'146
Race distinction, schools, 2246;
transportation, 1238
Railways, 1200, 1267; accidents,
i3i4d, 13140, 1314^, 131S; capital
stock, 1279; commissioners, 1267,
1301b, 1314b, 1314c, 13146, i3iSa,
1337a, 1337b, 1337c, 1411a, 1411b,
1515a; condemnation of property,
1297; consolidation, 1272; cor-
porate organization and power,
1268; employees, i3i4d; liability
for injury, 2126; passenger rates,
1227; passes, 1237; race distinc-
tion, Z238; rates, 1204; safety
regulations, 1314; taxation, 845;
traffic regulations, 1301. See also
Street railways
Reading coiuses, farmers, 1829
Real property, see Property
Records, 2363, 2365; conveyances,
396; war, 2379
Redemptions, tax sales, 829
Referendum, 115, 2627a
Reform schools, 343
Reformatories, 347
Registration of voters, 187
Reporters, court, 694a
Representatives, United States, 83
Revenue taxes, see Taxation, busi-
ness taxes
Rhode Island (governors' messages),
banks, z679f ; budget, 849a; child
labor, 2ii8d; public debts, 865a;
elections, 17 5b; governor. 4oe;
labor, 204og; legislative sessions,
113a; pensions, 2408a; soldiers
homes, 24z6a; steamboats, zz39a;
taxation, 800 j, 819c
Roads, 2700; convict labor, 358,
27o2d, 2702k; state aid for, 2702;
taxes, 2700b, 2700C, 27oof, 27oog,
2702b, 2702c, 27021
Roberts, Henry, see Connecticut
Roosevelt, Theodore, see United
States
Safe deposit companies, 1698
Safety, public, 1090; railways, 1314
Safety of employees, 2052
Sanitation, 930; buildings, 1099;
school buildings, 2235; in schools,
2310b. See also Health, public
Sarles, E. Y., see North Dakota
Savings and loan associations, 1718
Savings banks, 1708; taxation, 843
Scales, standards, 1426
Scenic places, 2369
Schools, academies, 2329; agricul-
tural, 2343; attendance, 2267;
place of attendance, 2279; build-
ings, 2233; consolidation, 2272;
conveyance of pupils, 2272;
courses of study, 2288; districts,
2227; elementary and secondaiy,
2223; evening, 9319;
INDEX
"37, asSS; Wgb, 3327; higher
education, 2330; lands, 2240;
libraries, 3360; tnanual training,
33S0; military, 2348(5; of mining,
3349; normal, 2266; officers,
33 3S; professional and technical,
3342; state aid, 2328; students,
3377; taxes, 2240; textbooks,
9383; truancy, 2270; year, 2275.
S€€ also Teachers
Scientific work, 2380
Sealers, 1426
Seamen, employment, 2124
Secretary of state, 49
Securities, taxation, 809
Senators, United States, 84
Sentences, indeterminate, 370
Sewerage, 2661; pollution of water,
X079; plants, 797
Sheep, diseases of, Z177
Shipping, 1800
Shore lands, 778
Skk. and disabled, 2160
Signs, nuisances, 1082
Silk cidture, 1653
Slander, tort, 472
Soldiers, see Veterans
South Carolina (governor's message),
agriculture, 1826a; budget, 849a,
849e; public buildings, 781a;
charities, 3198a; covmty govern-
ment, 2498b; courts, 609c; public
debts, 865a, 865e; communicable
diseases, 1024b; education, 2233d,
2270b, 2319a, 2332a. 2332d, 2334b,
23$oe, 2351a; local finance, 2593a;
fish and game, i90on; geology,
3384a; public health, 933c; en-
couragement of immigration,
1675a; income tax, 830a; legis-
lative sessions, zi3b; libraries,
2360a; liquors, 903a, 904f; medi-
cine, 944d; militia, 3391a; mines
and mining, 3039a; mob violence,
9370; pensions, 3409a; state
prisons, 34za; railwa3rB, 1367a;
teooids, 3365c; reform schools,
346h; toads, 37oog; silk culture,
1653a; state officers, 38(9b; taxa-
tion, 839b
South Dakota (governors' messages),
accounts, 859b; adulteration of
foods, 956a; agriculture, 1826a,
z829b, 1829c, 1840a; attorney
general, 50a, 50c; banks, z679g;
boundaries, z7a; budget, 849a,
849f ; public buildings, 780a, 781k,
78 il; census, 3ie; convict labor,
354f, 36of; convicts, 370c, 373a;
I corporations, 5ooe; public debts,
I 865a, 865f; depositories, 868f;
I communicable diseases of animals,
zi44a, iz44h, 1155a; education,
, 3323a, 2240a, 2241a, 2258a, 3363a,
I 2328a, 2332a, 3344a; elections,
{ i6o(3e, 183a; practice of em-
I balming, 1051a; state examiner,
j 55a; expositions, 1662c; fish and
I game, 1900P; forestry, 1893c;
' grain warehouses, z5i5a; history,
3363a; insurance, 1734b, x764b;
interest, 463a; state library,
3354e; medicine, 944a; militia,
2388a, 2391a; mines and mining,
203oa; petroleum products, z 493b,
state prisons, 342a; railways,
Z267a; soldiers homes, 2416a; state
institutions, 64c; statistics, Z9b;
taxation, 800a, 809a, 8i9d, 8z9e,
843d; telegraph and telephone
companies, Z4izc; trust and safe
deposit companies, z 700a
Sparks, John, see Nevada
Special legislation, procedure, xzo
State, claims in favor of, 854; claims
against, 855
State accounts, 853
State agricultural associations, Z840
State agriculture, boards of, Z836
State aid, to libraries, 2357; for
roads, 2702; to schools. 2328
State architect, 783
State attorney, 50^
State auditor, 858' ^
State buildings, 779
State capitol, 78Z
State childrens' homes and schools,
az77 • « ' " ^ '
State comptroller, 858"^ "^ «» ^.- -
State control of medicine, 940
N. Y. STATE LIBRARY GOVERNORS MESSAGES I905
State debts, 865
State departments, 38
State depositories, 868
State dispensary, 903
State ditches, 1195
State domain, 772
State education, boards of, 2229
State educational institutions, 2332
State engineer, 796
State epileptic asylums, 22x3
State examiner, 55
State fairs, 1840
State finance, 770
State health boards, 932c, 1314a
State hospitals, 2166; for insane,
2198
State institutions, 60 ; accotmts, 863 ;
blind, 2x91; charitable, 2 1 43 ; deaf
and dumb, 2186; feeble-minded,
2218; property and supplies, 790
State insurance, of buildings, 791;
departments, 1733
State laboratories, 936
State land board, 38a
State libraries, 2354
State militia, 239 x
State officers, 38; bonds, 38(4; civil
service examination, 38(1; disci-
pline, 38(9; fees, 38(8; qualifica-
tions, 38(6; reports, 38(7 ; salaries,
38(8 ; tenure of office, 38(9
State police, 874
State printing, 67
State prisons, 341"'
State property, 772
State public works, 793
State publications, 67
State railroad commissioners, 1267,
1301b, x3X4b, 1314c, 1314©, i3iSa,
1337a, 1337b, 1337c, 1411a,
X4iib, xsisa
State road systems, 2 ''02
State treasurer, 859
State veterinarian, XX44
Statistics, 19; bureaus of , 20; vital,
938
Statutes, 2; codification of, xo;
indexes, 8: overlegislation, 85;
preparation of, 3; revision and
compilation, iz; special, 88;
special, procedtire, xio; time of
taking effect, 4
Steamboats, 1139
Stenographers, coturt, 694
Stokes, Edward C, see New Jersey
Streams, pollution of, 1079
Street railwa3rs, 1337; taxation,
845m, 8450
Streets, 2700
Strikes, 2x39
Suffrage, 129
Svmday observance, 929
Supreme courts, 605
Surety companies, 179S
Suret3rship, 467
Swamp lands, 778
Sweat shops, 2082
Tax rate, local, 2S78b, 2578c
I Tax sales, 829
Taxation, 800; assessment of taxes,
I 819; banking institutions, 843;
business taxes, 833; collection,
I 827; corporations, 841; deeds and
I contracts, 835; delinquent taxes.
829; equalization, 825; exemp.
! cions from, 810; income tax.
8oog, 809b, 830; inheritance
taxes, 836; insurance companies,
j 844; liquors, 907; municipal,
, 2578; of personal property. 808:
I real estate, assessment of, 820;
review, 825; roads, 2700b, 2700c.
I ?7oof, 27oog, 2702b, 2702c, 27021;
I schools, 2240; separation of state
and local, 807; transportation
' and transmission corporations, 845
I Teachers, 2247; qualifications, 2258*
! salaries, 2254
Teachers institutes, 2263
Teachers training classes, 2264
Technical education, 2342, 2350
Telegraph companies, 123 7a. 141 1.
' 2638a; taxation, 845
Telephone companies, 141 1, 2638*.
taxation, 845
Temperance, liquor laws. 902*
Tenement houses, tiio
INDEX
Tennessee (governor's message),
agriculture, i8a6a; budget, 849a;
convict labor, 354g, 36og; con-
yids, 367a, 372d; crimes and
offenses, 262a; criminal insane,
361b; public debts, 865a; educa-
tion, 3223a, 2234a, 224of, 2263b,
2366a, 235of; expositions, 1662c;
enoouiagement of immigration,
i67Sc; insurance, 1764c; labor,
2063a; legislative procedure, noa;
memorials, 2370a; militia, 2391a;
pensions, 2409a; state prisons,
341ft; reform schools, 346i; sol-
diers homes, 2416a; taxation,
8aSJ
Terrell, J. M., see Georgia
Texas (governor's message), ac-
counts, 854a, 858a, 859a; attor-
ney general, 50a; budget, 849a,
849g; public buildings, 780a;
charities, 2177c; convict labor,
354a, 36oh; convicts, 373a; co^^-
.nunicable iisease? of mimals,
1144a; education, 2223a, 2240a,
2366e, 2332a, 2344a, 23Soa; elec-
tions, i26d; local finance, 2597b;
fish and game, 1900a; public
health, 932a; horticulture, 1846a;
militia, 2391a; overlegislation,
8sb; pensions, 2409c; police,
874a; St Ate prisons, 341a; public
works, 797a; railways, i237d,
1267a, 1279a* soldiers homes,
24z6a; state institutions, 63a;
supplies for state institutions,
790c; state officers, 38f; tax*
tion, 8i9f, 820b, 833c
Textbooks, 2282
Tide lands, 778
Timber 778(5, 1896
Toole, Joseph K., see Montana
Torrens system of land registration,
Torts, 468
Townships, 2526
Trade combinations, 589
Trades^and occupations, regulation,
»53a]
Training classes, teachers, 2264
Tramps, 260
Transmission corporations, taxation,
845
Transportation and commtmication,
1200
Transportation and transmission cor-
porations, taxation, 845
Transportation of convicts, 353
Traveling libraries, 2357
Treasurer, see State treasurer
Trees, see Forestry
Trials, criminal, 216; divorce, 489
Truancy, 2270
Trust companies, 1698
Trusts (combinations), see Combina-
tions
Tuberculosis, 1042
Uniform accounts, municipal, 2583
United States (president's message),
agriculture, i826d; art, 2386a;
buildings, 1099a; citizenship, 117a
corporations, 5 oof; crimes and
offenses, 374(sb; criminal pro-
cedure, 2 1 6a; communicable dis-
eases, io2ob; education, 2270c;
elections, 149c; expositions, 1662a
forestry, 1894a; game, 1910a;
government employees, 38(90;
insurance, 17326; irrigation,
1 1 83a ; juvenile offenders , 3 7 1 (3d ;
labor, 2040a, 204oh , 2 1 2 5d ; public
lands, 774a; memorials, 2370b;
naturalization, 11 8a; public play-
grounds, 2694a; government
printing, 67e; railways, 1204a,
12126, i3i4d
United States representatives, 83
United States senators, 84
Utah (governor's message), accounts,
856i, 858a; adulteration of foods,
956a; agriculture, 1828a, 1840a;
art, 2386b; attorney general. 50a;
banks, 1679a, 1680b; . barbers,
iS4oa; budget, 849a: building
and loan associations, 1720a; char,
ities, 2186a, 2t9ia 2198a; con
victs, 373a; depositories, ?tFg
K. y. STATE LIBRARY GOVERNORS MESSAGES I905
communicable diseases, xoaoa;
communicable diseases of animals,
zi77a; education, 2223a, a24oa,
2258b, 2266a, 2281a, 2310b, 2310C,
2327a, 2332a, 2344a, 2349a; ex-
positions, 1662b, 1662c; fish and
game, ipooq; public health, 932a,
934b; historical societies, 2366a;
horticulture, 1844a; irrigation,
1183a, ii83h, 1189c; labor, 2063d,
2139a; public lands, 774a; state
library, 2354a; practice of medi-
cine, 944e; sale of medicines, 952b ;
militia, 2391a; mob violence, 92 7f;
noxious animals, 1856a, 1874b;
overlegislation, 85c ; state prisons,
341a; reform schools, 346a; sec-
retary of state, 49a; state officers,
38g; statistics, 20a; taxation,
825a; United States senators, 84a;
vital statistics, 938c; pollution of
water, 1079c; weights and meas-
ures, 1426a
Utter, George H., see Rhode Island
Vagrancy, 260
Van Sant, S. R., see Michigan
Ventilation, mines, 2065
Verdicts, 732
Vermont (governors* messages), ac-
counts, 854a, 8s8a; advertise-
ments, 1082a; agriculture, 1826a;
attorney general, 5od, 5oe; auto-
mobiles, 2723f; boundaries, 17a;
budget, 849a; charities, 2183c,
2198a; constitution, 3 2d; convict
labor, 3S6d; courts, 603a; com-
municable diseases of animals,
ii44i; education, 2223a, 22 72e;
elections, i6ok; forestry, i89oe;
legislature, 8od; liquors, 904g;
memorials, 2377a; noxious ani-
mals, 1856b; state prisons, 341a;
railways, i2 67i, 1301b; reform
schools, 346a; reformatories, 347a;
roads, 2700a, 2 7o2n; state institu-
tions, 63a; state's attorney, 675a;
street railways, 1337c; taxation,
807c; exemptions from taxation,
8ioa; United States senators, 84a;
I war records, 2379a; waters, zi8ob;
pollution of water, io79d; weeds
I on roads, 2744a
{ Veterans, homes, 24x6; memorials
to, 2370; monuments, 2376; pen-
I sions, 2406; war records, 2379
I Veterinarian, state, 11 44
Veto power of governor, 45
Vital statistics, 938
Voters, bribery, 126c, 149c, 167a;
intimidation, 156, 167a; registra-
tion, 187; women, 146. See also
Elections
Voting, 175
Voting machines, 126a, 185
War records, 2379
Warehouses, 1508
Warner, Fred li., see Michigan
Warrants, 853
Washington (governors* messages),
banks, 1680c; budget, 849a; public
buildings, 781a; courts, 605c,
694a; criminal procedure, 224a:
communicable diseases, io43f;
education, 2332a, 2334c; admin-
istration of estates, 426a; exposi-
tions, 1662b; family, 489a, 496c;
fish, 1986b; forestry, 1896a; har-
bors, 1803a; irrigation, xzSji.
1183J; juvenile offenders, 37i(3e;
practice of law, 592a; l^slative
procedure, io8c; liquors, 907c:
lobbjring, 99a; militia, 239 la;
mines and mining, 2024a; rail-
ways, 1267J, 1267k; xx>ads, ayooh;
soldiers homes, 241 6a; state in-
stitutions, 63a; statutes, 3g, 3h,
4c; taxation, 8o7d, 836g, 84xd;
townships, 2526a
Water, pollution of, 1079; rights,
II 83; supply, 2648
Waters, control of, xi8o
Waterways, x8oo
Waterworks, 797
Weapons, 262
Weeds on roads, 9744
Weights and measures, 1425
West Virginia (govemots* xnefisages)
accounts, 854a, 859a; adnltera-
INVBX
tkm of foods, 95611; agriculture,
1826a, 1 8a 8a; attorney general,
50a; banks, x679a, 1684a; bound-
aries, 17a; bridges, 1405a; bud-
get, 849a, 85 ic, 85 id; building
and loan associations, 1720b;
pubHc buildings, 780b, 780c, 781a;
charities, 3157a, 2167a, 2172a,
2172c, 2183d, 2193c, 2198a; civil
procedure, 697a; convicts, 37od,
373a; corporations, 5oog, 5ooh,
5001; criminal insane, 361c; crimi-
nal procedure, 233a; public debts,
865a; depositories, 868h; educa-
tion, 2223a, 2223e, 2223!, 2227a,
223od, 224og, 2244b, 2254d,
2a75a, 2327b, 2332a, 23320;
dections, i26e, Z49d, 1490, i6o(3f,
175c, i8ia, i87d; expositions,
1662a, 1662b, x662c; local finance,
a578a; forestry, i89of; geology,
2384a; governor, 4of; public
h^&hh, 932a; hot springs, 1199a;
insurance, 1732a, i732f, i732g;
labor, 3040a, 20630, 2065a, 2i35e;
legislative officers and employees,
looc; libraries, 3356a; state li-
brary, 33S4a, 2354f ; liquors, 903b;
lobbying, 99g, 99h; memorials,
3377a; sale of merchandise, 459a;
imHtia, 2388a, 239 za; mines and
mining, 2020a, 2035b; mob vio-
lence, 927a, 92 7g; municipalities,
3438a; narcotics, 926b; notaries
pttbHc, 669a; state printing, 68b;
state prisons, 341a; railways,
1338a, 1267m; reform schools, 345a
346a; roads, 27ooi, 2702a, 27o2p;
scenic and historic places, 2369a,
3369c; supplies for state institu-
tions, 79od; taxation, 8ook, 8oom,
8o7e, 8i9g, 833d, 835a, 842a,
845m, 846c; United States sena-
tors, 84d; pollution of water,
1079a; weights and measures,
1436b
Whipping, 374(5
White, Albert B., see West Virginia
White, Frank, see North Dakota
Widows of soldiers, burial expenses,
2411a; homes, 2418
Wild animals, noxious, 1856
Wine, 918
Wisconsin (governor's messages), ac-
counts, 854a, 856J; adulteration
of foods, 956a, 961a; banks, 1679a;
budget, 849a; public buildings,
781a, 781m; charities, 2218a;
combinations, 589b; conveyance
of property, 396a; convict labor,
356e; criminal insane, 36id; de-
positories, 868i; direct legisla-
tion, zi5c; conrmiunicable dis-
eases, zo42a; education, 2223a,
22296, 2240a, 2258c, 2264b, 2266a,
2272f, 2332a, 2343c; lelections,
154a, 15 6a, z6o(3g; expositions,
1662b, z662c; fish and game, 1900a,
Z949a; forestry, z89oa; geology,
2384a; income tax, 830b; invest-
ment companies, i7iSb; labor,
304oi, 2Z36b, 3Z26c; public lands,
776a; libraries, 2357a; state li-
brary, 2354g; lobbying, 99i, 99J;
militia, 239 z a, 2398a; munici-
palities, 2433b, 2478a; petroletmi
products, 1493a; railwa3rs, Z237e,
Z267n, Z279b, Z3i4e, Z3i4f; re-
formatories, 347a; state institu-
tions, 63a, 63P; state officers,
38(ig; taxation, Soon, 8o7f, 809b,
836h, 844a, 845a, 845n, 845P;
waters, zz8oc
Woman suffrage, Z46
Women, employment, 2113a; insti-
tutions for, 345
Workhouses, 335a
Workshop regulations, 2044
Wyoming (governor's message), a-
dulteration of foods, 956a; attor-
ney general, 50a; budget, 849a;
public buildings, 781a; charities,
2183a, 2198a; communicable dis-
eases of animals, zz44a; educa-
N.Y. STATE LIBRARY GOVERNORS MESSAGES I905
tion, 2223a, 2332a; state exami- prisons, 341^'; reform schools,
ner, 5Sa; expositions, 1662c; fish 346a; secretary of state, 49a;
and game, 1900a, 1950a, 1961a; soldiers homes, 24z6a; state in-
geology, 2384a; hot springs, ! stitittions, 63a; state library,
1199a; irrigation, zi83a, 1183k; j 3354a; taxation, Saoc, 825a
labor, 2063a; public lands, 774h; 1
militia, 2391a; noxious animals, I Yates, Richard, se9 lUioots
1874a; pharmacy, 949a; state I
New York State Educaiion Department
New York State Library Legislation bulletins
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/^wTiiiiil review. 16, 19, 22, 25 Review of Legislation, iQoi-date.
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Contains contributions from leading specialists in all parts of the country
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Messages. 17, 20, 23, 27 Digest of Governors Messages, 1902-
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Monographs. 8 State Finance Statistics, 1890 and 1895. 5^P*
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A comparative stmimary of the receipts and expenditures of all the statest
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12 Trend of Legislation in the United States, 4op. May
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A sketch of the general trend of recent legislative regulation from a
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14 Taxation of Corporations in New York, Massachusetts,
Pennsylvania and New Jersey. 198?. May 1901. 2Sc.
Contains (i) a brief review of the corporation tax system of the four
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Annual subscription price $1 payable in advance. Subscribers
will receive annually either the bound Yearbook of Legislation
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I Index of Legislation [average 3oop.]
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■est of Governors Messages [average i7Sp.]
f other btilletins issued of less than 500 pages.
Dmes 1-3 (each containing 5 annual bulletins) $2 each un-
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— N>und to form the Yearbook of Legislation.
PubUshsd monOOy by ihs
New York State Education Department
noLimr 37s
UAT XQ06
New York State Library
Btilletiii 103
LEGISLATION 28
INDEX OF LEGISLATION 1905
October x, 1904 to October i, 190S
EDITED BT
Robert H. WUtten, Sociology Librarian
PAGE
Bzplanations 3
Principal headings 8
MARGINAL NO.
Law (general) i
Constitutional law
Constitutions
Officers. Departments
L^islattne
Direct legislation 115
Citizenship. Civil and politi-
cal rights 116
Elections. Political parties. . . ia6
Ccimixial law 200
Criminal procedure 20a
Crimes and offenses 234
Corrections 335
Ovfllaw 375
Property 377
Contracts and other obligations 453
Torts 468
Family 474
Corporations 500
. combinations and
'"- 589
MARGINAL NO.
Civil law (continued)
Administration of justice 590
Administrative law 750
Finance. Public property. ... 770
Public order 870
Public health and safety 930
O)ntrol of waters 1180
Transportation and communi-
cation 1200
Commerce and industry (gen-
eral) 1422
Banking 1679
Insurance 173a
Navigation. Waterways 1 800
Agriculture 1826
Forestry 1890
Game and fish 1900
Mines and mining 2020
Labor 2040
Charities 2140
Education. Science. Culture. 2220
Military regulations 2388
Local government 2430
Index,
ALBANY
-tW TORE STATE BDUCATION DBPARTMBNT
1906
Price 50 cents
8TATB OF NBW YORK
EDUCATIOH DEPARTMSVT
R«K«iti of tht Uiil?«rity
Wifh ytan when t&noM •zpira
1913 Whitelaw Reid M.A. LL.D. Chancellor . . NewYoric
1917 St Clair McKelway M.A.L.H.D.LL.D.D.C.L.
Vice Chancellor BrooUyn
1908 Daniel Beach Ph.D. LL.D Watldns
1914 Pliky T. Sexton LL.B. LL.D Palmyrm
191a T. Guilford Smith MA. C.E. LL.D Buffido
1907 William Nottingham MA. Ph.D. LLJ). . . Syraciiae
1910 Charles A. Gardiner Ph.D. L.H.D. LLJ). D.CJl New Yoric
1915 Albert Vander Veer M.D. M.A. Ph.D. LL.D. Albany
1911 Edward Lauterbach M.A. LL.D New York
1909 Eugene A. Philbin LL.B. LL.D New York
1916 LuciAN L. Shedden LL.B Plattsbiarg
Oommiarionw of Bdvcatloii
Andrew S. Draper LL.D.
Howard J. Rogers MA. LL.D. First Assistant Commissioner
Edward J. Goodwin Lit.D. L.H.D. Second Assistant Commissioner
Augustus S. Downing M.A. Third Assistant Commissioner
Secntary to tfat Go]iiiiii«lon«
Harlan H. Horner BA.
Diroctor of State library
^Edwin H. Anderson MA.
Director of Sdeace end State KiMom
John M. Clarke Ph.D. LL.D.
Chiefs of Difiiioafl
Accounts, William Mason
Attendance, James D. Suluvan
Examinations, Charles F. Wheelocx B.S. LLJ).
Inspections, Frank H. Wood MA.
Law, Thomas E. Finegan MA.
Records, Charles E. Fitch L.H.D.
Statistics, Hiram C. Case
Visual Instruction, DeLancet M. Ellu
^Became Director January x. 1906.
State Library Albany N,Y, December i, 1905
Hon. A. S. Draper
Commissioner of Education
Dear sir: The annual Index of Legislation, the i6th of its
series, is transmitted herewith and recommended for publication.
As a contribution to better organization of material for compara-
tive study of state government and laws the State Library now
issues three annual bulletins: Digest of Governors Messages, Index
of Legislation, and Review of Legislation.
The Digest of Governors Messages is a topical digest covering all
the states and including related topics in the President's message.
The Index of Legislation is a minutely classified index or summary
of new laws passed by all the states, including votes on consti-
tutional amendments and decisions declaring statutes unconsti-
tutional. The Review of Legislation contains contributions from
specialists in all parts of the country reviewing Governors' recom-
mendations and laws enacted on each important subject.
These three closely related annuals are bound together to form
the Yearbook of Legislation. All the work on these anntials.has
been done, as in previous years, by Dr Robert H. Whitten, the
sociology librarian, and his assistants. Since I started the series
1$ years ago, the work has never been so well organized and exe-
cuted as at present. Evidences of this come to me constantly
throughout the year from experts who bear voluntary testimony to
the great practical Value of this series.
Very truly
Melvil Dewey
Director
Approved for publication December 5, 1905
Commissioner of Education
New York State Education Department
New York State Library
Btilletiii 103 Legislation 28
JKDEK OF LEGISLATION 1905
October i, 1904 to October i, 1905
EDITED BY
Robert H. Whitten Sociology Librarian
PREFATORY
EXPLANATIONS
These must be carefully reed to understand the bulletin.
Scope. All general permanent laws are included. Private,
local and temporary acts, unless of great general interest, are
omitted. Many acts general in form but special in their applica-
tion, are also omitted. Private acts applying to particular persons
or granting relief to specific public officers and local acts applying
to a single political division or to but a small proportion of the
political divisions belonging to the same class are omitted. Im-
portant local acts other than amendatory, on subjects of general
interest, are included. New city charters are included but amend-
ments thereto are omitted. Constitutional amendments both local
aad general are included. All general appropriation bills are
omitted. Special appropriation acts providing for the establish-
ment of a new institution or making some extraordinary appropria-
tion of great general interest are included. Laws providing for the
general management and control of a particular state institution
are included but those relating to some detail of its administration
are omitted. All laws legalizing acts already performed are omitted.
Laws of Congress and of the noncontiguous territories of the United
States are omitted.
Method. Usually but one entry is made for a law. To ascer-
tain what legislation has been passed concerning a subject it is
necessary for the reader to refer also to the more inclusive heads
and to observe carefiilly the cross references. For example, in
looking up laws relating to illegal voting, the user, in addition to
consulting entries under 155, Illegal voting, must look imder 149,
N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
Election offenses and 126, Election. Laws relating to illegal voting
alone are classed under 155, those relating to illegal voting and other
offenses under 149, the general head for election offenses, and those
relating to illegal voting and various other election matters under
126, the general head for elections. In addition the cross refer-
ence, under 126, Elections, to 2225, School elections must be ob-
served as illegal voting at school elections would be placed xmder
that head.
The plan is a combination of index and digest. A large portion
of the entries simply indicate in the most definite manner practic-
able the exact subject treated by the law. Many entries, however,
digest in a line or two the substance of a law or the exact change
made by an amendment. Other entries are a combination of the
above forms, partly index, partly digest. The aim always is to con-
vey the greatest amount of information possible within a very
limited space. Unimportant laws relating to details of pro-
cedure or administration are indexed most briefly.
The exact change made by an amendment is often shown by
italics to indicate new matter and by brackets inclosing matter
superseded: e. g. salary of Governor $3000 [$3000], means that the
Governor's salary has been increased from $3000 to $5000.
The title of acts other than amendatory if concise and definite,
is given either in full or in part. The title is included in quotes
and is annotated when necessary. The niunber of sections con-
tained in each law is given to show its length and complexity.
Citations. A citation to the act indexed or summarized is set
off at the end of the entry. It contains year, chapter number or
page, and day and month of approval or passage. The abbrevia-
tion ch. is used for chapter and p. for page: e. g. '05 ch. 94, 5 Jl;
*os p. 164, 9 My. In all states except Georgia, Alabama, Illinois,
Missouri, Ohio and Oregon the session laws are numbered con-
secutively, and references are to chapter.
In North Carolina and Rhode Island where the Governor's
approval is not necessary, in a nimaber of states where joint and
concurrent resolutions do not require the approval of the Governor
and in the case of bills that become laws by the expiration of time
without the signature of the Governor, the date of passage by the
Legislature is given. In a few cases the date of passage and ap-
proval are both omitted in the session laws, and in these cases the
year only is given.
Citations to statutes amended or repealed by the act indexed
always begin with the most general part and end with the most
ABBREVIATIONS
specific; e. g. '95 ch. 859 §2; '98 p.78; R. S. '96 t.3 art. 10 §3 14-
For abbreviations used in citing compilations of statutes see
below.
Classification. The classification of the stunmary is the same as
that nsed in the Digest of Governors Messages and will continue
unchanged from year to year, except for insertion of new headings
necessitated by new subjects of legislation. The numbers assigned
to headings will also remain imchanged so that readers can follow
recommendations and laws on any subject by looking under the
same marginal number in each bulletin. The numbering corre-
sponds to the consecutive niunbering of headings in our card index
of legislation 1890 to date. Where there is no legislation this sub-
ject ntmiber is skipped. The entries under each head are alpha-
beted by states and each entry is designated by a letter or a letter
and numeral; e.g. b, d2.
Subject index. This is an alphabetic list of the subjects i ncluded.
References are to the marginal class and entry numbers.
ABBRBVIATIONS
A.
Atlantic Reporter
com'n
commission
Ag
August
compt.
comptroller
agric.
agriculture
com'r
commissioner
Ala.
Alabama
Cong.
Congress
amdg.
amending
const.
constitution, constitu-
amds.
amends
tional
amendment
Corp.
corporation
Ann. L.
Annotated laws
Crim. C.
Criminal code
Ann. S.
Annotated statutes
Crim. P.
Code of criminal pro-
Ap
April
cedure
Ari.
Arizona
Crim. S.
Criminal statutes
Ark.
Arkansas
Ct.
Connecticut
art.
article
D
December
assmt.
assessment
Del.
Delaware
ass'n
association
dep't
department
atty.
attorney
exam.
examination
bd
board
P
February
C.
Code
Fla.
Florida
C. C.
Civil code
G. L.
General laws
C. C. P.
Code of civil procedure
G. S.
General statutes
C. L.
Compiled laws
Ga.
Georgia
C. P.
Code of procedure
gen.
general
C. S.
Compiled statutes
gov.
governor
Cal.
California
gov't
government
ch.
chapter
la.
Iowa
00.
company
Id.
Idaho
Col.
Colorado
111.
Illinois
N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
incorp.
incorporation
P.
Pacific Reporter
Ind.
Indiana
P. C.
Political code
inst.
institution
P. S.
Public statutes
Ja
January
Pa.
Pennsylvania
Je
June
Pen. C.
Penal code
Jl
July
pt
part
Kan.
Kansas
r.
resolve
Ky.
Kentucky
R. C.
Revised code
La.
Louisiana
R. C.L.
Revised Civil Laws
leg.
legislature, legislative
R. L
Rhode Island
Mass.
Massachusetts
R. L.
Revised laws
Md.
Maryland
R. S.
Revised statutes
Me.
Maine
rel.
relating
Mich.
Michigan
rep.
repealing, repeals
Minn.
Minnesota
rev.
revising, revises
misc.
miscellaneous
ry.
railway
Miss.
Mississippi
S
September
Mo.
Missouri
S.
Statutes
Mon.
Montana
S. C.
South Carolina
Mr
March
S. D.
South DakoU
msdr.
misdemeanor
S. E.
Southeastern Reporter
mun.
municipal
S. W.
Southwestern Reporter
My
May
sec.
secretary
N
November
So.
Southern Reporter
N. C.
North Carolina
soc.
society
N. D.
North Dakota
subdiv.
subdivision
N. E.
Northeastern Reporter
sup't
superintendent
N. H.
New Hampshire
t.
title
N.J.
New Jersey
Tenn.
Tennessee
N. M.
New Mexico
Tex.
Texas
N. W.
Northwestern Reporter
U.
Utah
N. Y.
New York
unconst.
unconstitutional
Neb.
Nebraska
Va.
Virginia
Nev.
Nevada
Vt.
Vermont
0
October
W. Va.
West Virginia
0.
Ohio
Wash.
Washington
Okl.
Oklahoma
Wis.
Wisconsin
Or.
Oregon
Wy.
Wyoming
STATISTICS
STATISTICS OF LEGISLATIOH OCTOBER x, 1904 TO OCTOBER x, 1905
The sesnons are biennial in all states and territoriet except Ga., Mass.. N.J., N.Y., R.I.
and S. C. where they are anniial and Ala. where they are quadrennial. For list of constitutional
amendments JM 34-36; for list of court decisions declaring statutes unconstitutional mv is.
STATBS AND
TsaarroRiBS
Length No. of
in days I laws
No.
resolu-
tions
I No. of
I No. of jiaws and
of laws and! resolu'
resolu-
tions
tions
indexed
Arisona.
oAzkansas,
California
Colorado
Connecticutc
Delaware (extra)
Florida.
Geofgia,
Idaho.
Kentucky (extra)
MaMachusetts
Mtichigan
Minnesota
Miasotiri.
Montana.
Nebraska.
Nevada
New Hamiishire
New Jersey.
New Mexico
New York
(extra)
North Carx>lina.
North Dakota
Oklahoma.
cOrtgon.
Pennsylvania.
Rhode Island (extra)
Sooth Carolina
Sooth Dakota
Tens
Texas
(extra)
Utah.
Vermont. . _
WashxnRton
West^rginia
(extra)
Wisconsin
Wyoming
60
1*3
68
90
197
a
80
60
5a
6a
64
60
il
143
165
]o6
74
60
?J
66
80
60
laa
30
6a
60
60
40
lOI
• 4
xa9
40
60
X06
95
30
60
67
60
46
4
x6a
40
69
613
144
781
a
9a6
aa4
351
149
axo
170
597
xo
X55
165
X77
543
aa4
xa
X35
354
x8o
87
3
533
99
45
6
a8
34
37
x8
xa
66a
in
480
33a
ax
349
a
X69
aa
xsx
8
a3a
3
156
X3
asa
a7o
5
X34
95
760
3
X
ia64
36
194
4
Hi
5
13
S06
34
34
X05
37
8x
134
ao I
6
17
8
658
78a
3
354
378
159
331
X7a
545
r^
353
351
191
159
169
33 a
375
159
763
X300 I
X98 I
X18 I
331 I
540 :
34 ■
a6o
xga ;
1T7 I
677
344 i
135 I
399 .
X9X '
107 .
s.l\
107 I
47
349
I
73
105
H
108
158
lao
906
I
19a
197
axx
351
xx6
90
194
79
xoa
aao
a6o
X39
164
«7
i6x
3X7
a
48
8a
xx6
3
X34
X7a
X39
50
1?
X3 530
5 85s
a Owinsf to delay in printing due to fire and other causes the laws of Arkansas. 1905. were
not received in time to include in this Index. They will be included in the Index of 1906.
6 Statistics given include 339 laws in volume of Local Acts; this volume however was not
received in time to index for this buIlettxL
c Acts in volume of Special Laws included in these statistics for first time.
N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
PRINCIPAL HEADIHOS
Mftisinal
X LAW (GENERAL)
2 Statutes
5 Publication of session laws
9 Construction of statutes
10 Codification
11 Revision and compilation
12 Statutes declared unconstitutional
13 Uniform laws
15 CONSTITUTIONAL LAW
17 Boundary. Jurisdiction
19 Statistics
23 State coat of arms, name, seal, flag, flower, song
30 Constitutions. Helen Page Bates
32 Revision
33 Amendment
34 Amendments pending
35 Amendments adopted
36 Amendments rejected
38 Officers. Departments. Helen Page Bates
57 Officers and departments]|^created, abolished or reorganized
58 Temporary boards and officers
59 Special investigations
60 State institutions
61 Establishment. Reorganization. Change of name
63 Supervision and administration
67 Public doc\iments. Printing
77 Legislature
90 Members of Legislature
95 Internal organization
105 Legislative procedure
113 Sessions
115 Direct legislation
116 Citizenship. Civil and political rights
117 Citizenship
122 Civil rights
123 Indians
126 Elections. Political parties
129 Suffrage: qualifications
133 Educational qualifications
134 Nationality. Race
142 Residence
146 Women
149 Corrupt practices. Election offenses
150 Corrupt practices acts
160 Nominations. Parties ]
170 Districts. Notices. Days
PRINCIPAL HEADINGS
175 Ballots. Voting
187 Registration
193 Election officers
X94 Canvass. Contests
195 Count. Canvass. Returns
196 Contests
197 Presidential electors
200 CRIMINAL LAW
902 Cruninal procedure
303 Apprehension, prosecution, indictment
3x6 Criminal trials
319 Evidence
334 Judgment. Sentence. Execution
330 Jury
233 Criminal jurisdiction
334 Crimes and offenses
336 Crimes against the government
356 Crimes against public order and security
364 Crimes against public morals and the family
393 Crimes against persons
308 Crimes against property
335 Corrections. Helen Page Bates
341 State prisons
343 Reform schools and reformatories
348 Local institutions
353 Discipline. Instruction. Care of sick
353 Commitment. Transportation. Transfer
354 Convict labor
361 Criminal insane
363 System of sentencing and reform
375 CIVIL LAW
377 Property
379 Real property
381 Tenure. Titles
393 Conveyance
400 Personal property
405 Liens and mortgages
407 Real property. Mortgages and trust deeds
413 Personal property
415 Conditional sales
419 Mechanics liens; labor and materials
431 Special mechanics and other liens
43s Landlord and tenant
433 Sticcession
436 Administration of estates
439 Probate procedure
440 Administration
N. Y. STATE LIBRARY INDEX OF LEGISLATION 1 905
Marginal
no.
445 Guardianship
448 Trusts (general)
449 Insolvency. Assignment
451 Homesteads. Exemption from execution
453 Contracts and other obligations
460
Agency
461
Money. Interest. Usury
464
Negotiable instruments
466
Partnerships
467
Suretyship
468 Torts
474
Family
476
Marriage
480
Divorce
490
Family property
496
Support of family
497
Children: adoption, custody, legitimation
498
Change of name
500
Corporations
509
Capital. Shares. Debts. Property
517
Government
523
Dissolution. Insolvency
525
Foreign corporations
S83
Corporations not for profit
589
Combinations and monopolies
S90
Administration of justice
591
Practice of law
600
Courts
60s
Supreme courts
609
Intermediate courts
64s
Inferior courts
657
Court officers
695
Civil procedure
697
Legal notices
699
Commencement of action
70S
Simmions. Process
708
Trial. Pleadings
717
Evidence. Witnesses
726
Jury. Verdict
733
Appeals. Review
735
Judgments
736
Executions. Judicial sales
737
Costs. Bonds
739
Special actions
750
ADMINISTRATIVE LAW
770
Finance. Public property
772
Domain. Property
774
Public lands
77q
Buildings. Property and supplies
793
Public works
i
PRINCIPAL HEADINGS
Uaxsinal
800 Taxation (general)
810 Exemptions from general property tax
819 Assessment
825 Review. Equalization. Adjustment
827 Collection
829 Delinquent taxes. Tax sales. Redemption
830 Income tax
831 Poll taxes
833 Business taxes. Revenue, license or privilege taxes
835 Tax on deeds and contracts
836 Inheritance tax
841 Corporation taxes
842 Incorporation and license fees and taxes
843 Banking institutions
844 Insurance companies
845 Transportation and transmission corporations
846 Mining
849 Budget
8S3 Accounts. Methods generally. Collection of moneys. Warrants
865 Debts. Bonds
868 Deposits and depositories
870 Public order
872 Police
873 Peace officers
874 State and county police
875 Municipal police
877 Miscellaneous police regulations
879 Amusements
895 Cruelty to children and animals
900 Intoxicating liquors. Narcotics
927 Mob violence
928 Prostitution
929 Sunday observance
930 Public health and safety
932 General supervision
934 Local boards and officers
936 State laboratories
938 Vital statistics
940 State control of medicine
943 License to practise
952 Sale of drugs
9S6 Adulteration. Inspection of articles liable to affect public health
961 Milk and milk products
972 Other articles of food and drink
1020 Communicable diseases
1048 Disposition of the dead
1 06s Nuisances (general). Miscellaneous health regulations
1090 Public safety
1092 Fires
N. y. STATE LIBRARY INDEX OP LEGISLATION I905
Maisinal
no.
099 Buildings: sanitation and safety
112 Floods. Life saving
117 Explosives
124 Miscellaneoiis
144 Communicable diseases of animals
180 Control of waters
200 Transportation and communication
204 Rates. Discrimination
227 Passenger rates
238 Race distinction
240 Miscellaneous. Common carriers
267 Railways. Car companies. Express
268 Corporate organization and powers
280 Public ownership and aid
286 Supervision and regulation
3x3 Public safety, comfort and order
337 Street railways
378 Express
384 Canals
388 Perries. Fords
393 Bridges. Tunnels
41 z Telegraph and telephone
422 Commerce and industry (general)
425 Weights and measures
464 Adulterations and imitations. Branding. Inspection
466 Adulteration. Inspection
500 Marks, labels etc.
505 Association. Exchanges. Speculation
508 Warehouses. Markets
532 Regulation and licensing of trades and occupations
590 Miscellaneous trade regulations
630 Encouragement of industries
679 Banking
698 Trust and safe deposit companies
708 Savings banks
715 Mortgage, loan and investment companies
718 Buil<^g and loan associations
727 Pawnbroking
732 Insurance
754 Life and accident
759 Mutual insurance
762 Accident, health and industrial insurance
764 Fire and other casualty
770 Mutual companies
773 Miscellaneous casualty
795 Surety and guaranty companies
800 Navigation. Waterways
826 Agriculture
835 Associations. Fairs
PRINCIPAL HEADINGS
MaxgiDal
xio.
1844 Horticulture. Diseases and pests
X854 Weeds
1856 Noxious animals. Bounties
1875 Domestic anitriftls
1876 Running. Impounding. Fences
1882 Ownership. Sale. Miscellaneous
1890 Forestry
X900 Game and fish
Z909 Game
'9>3 Big game
293 7 Small game
1944 Birds
1959 Pish
1974 Special kinds of fish
9000 Shellfish. Miscellaneous
2020 Mines and mining
2040 Labor. Hblbn Page Bates
2044 General workshop regulations
2085 Hours
2100 Wages
2 1 1 3 Employment
2 1 2 s Employers liability. Insurance
2134 Labor disputes
2140 Charities. Helen Page Bates
2x49 Poor relief
2160 Sick and disabled
2172 Children
2183 Defectives
2184 Deaf and dumb
2188 Blind
2193 Insane
2210 Epileptics
2215 Feeble-minded
2220 Education. Science. Culture
2223 Elementary and secondary education
2237 General school finance
2247 Teachers
2267 Attendance
2277 Students. Discipline
2282 Textbooks. Supplies
2288 Curriculum
2316 Special kinds of schools
2327 High schools and academies
2330 Higher education
2337 Private institutions
2342 Professional and technical education
2352 Libraries
2354 State libraries
2356 Free public libraries
2361 Private library associations
N. Y. STATE LIBRARY INDEX OF LEGISLATION 1 905
ne.
2362 History. Recoxds. Memorials
2370 Memorials. Monuments
2379 War records
2380 Scientific work. Art
2388 Military reg^ations
2391 Militia. National Guard
2406 Pensions and relief
2416 Soldiers homes
2421 Organizations
2429 Flag
.2430 Local government
2432 Mvmidpalities
2438 Organization. Powers generally
2454 Wards
2455 Legislative body. Council
2468 Mayor
2473 Municipal civil service
2492 County and township government
2501 Governing body
2512 Coimty civil service
2 s 2 6 Townships. Towns
2550 Local finance
2552 Property
2566 Taxes
2575 Budget. Accounts
2597 Debts. Bonds
2600 Deposits and depositories
2603 Fire department
2620 Public works. Public improvements
2627 Municipal utilities (general)
2633 Electricity. Gas
2648 Water
2661 Sewerage. Garbage.
2679 Parks. Public grounds
2696 Public entertainment
2698 Baths, comfort stations and gymnasiimis
2700 Roads. Streets
I LAW (GENERAL)
3 Statutes
Sm also 85, Ovctlegislation; 88, Special laws
5 Publication of session laws
a DeL Axndg. R.C. '93 ch.4 §1, 2 rel. to publication & binding of
session laws. 2} '05 ch.9, 30 Mr
b Ind. Amdg. R.S.' 52 ch.96 (5 rel. to preparation of laws for State
Printer by Sec. of State, ij '05 ch.4, " P
c Ho. Const, amdts. to be published with session laws; prima
facie correct. Adds R.S. '99 i4i64a-b. 2} '05 p.208, 10 Mr
d Heb. Authorizing J. £. Cobbey to publish biennial session laws
00 same plan as Ann.S. 2§ '05 ch.169, 9 P
e H. D. Sec. of State to secure copyright of session laws. iJ
'05 ch.162, 6 Mr
f Or. Certain laws to be compiled & printed in pamphlet form for
free distribution. '05 p.438, 16 F
C Or. Session laws to be ntmibered consecutively & to include laws
passed by people under Const, art.4 {1.1} '05 ch.i6o, 21 F
6 Publication in newspq^r
A H. T. Amdg. cotmty law '92 ch.686 §19 rel. to designation of news-
papers to publish session laws. iJ '05 ch.496, 17 My
9 Construction of statutes
a Cal. Amdg. P.C. §17 rel. to definition of terms used in P. C. 1 §
'05 ch.127, 18 Mr
b Cal. Amdg. Pen.C. §7 rel. to definition of terms used in Pen.C. i§
'05 ch.476. 21 Mr
IX Revision and compilation
a CaL Amdg. '95 ch.222 §9: Com'n for Revision & Reform of the
Law is to exist till May i, jgoy [1905]. i§ '05 ch.343, 20 Mr
ai Ct. Judiciary conmiittee of Leg. to appoint person to index G.S. of
1902 & session laws through 1907; distribution. 2}
*o5 special acts, ch.400, 6 Jl
b Fla. G.S. of state of Florida of 1903 enacted as statute law; pub-
lication & sale; $10,000. 12} '05 ch.i, 29 My
c Mich. Sec. of State to publish index to C.L. '97 & session laws to
date. 55 '05 ch.298, 17 Je
d • Minn. Rep. '01 ch.241, '03 ch.z57 which provided for appointment
of com'n of 3 to revise & annotate gen. laws & report to Gov. Dec. i ,
1904. z} '05 ch.147, II Ap; *o5 ch.148, II Ap
e Minn. Atty. Gen., Sec. of State & State Printer to act as com'n to
provide for publishing & distributing R.S. '05; $10,000; copyright to
belong to state. 6§ '05 ch. 185, 15 Ap
f Minn. Designating com'r to edit & annotate R.L. '05; $5000. 6$
•05 ch.2i8, 17 Ap
statutes
"-xa N. Y. STATB LIBRARY INDEX OP LBGISLATION I905
g N. D. Provision for compilation & publication of R.C. of 1905.
'05 ch.41, 15 Mr
h Vt. "An act providing for revision of the Vt. statutes." 5§
'04 ch.158, 9 D
1 W. Va. Provision for 5th edition of C. ; Gov. to appoint compiler;
sale & distribution. 5§ '0$ p.5x8. 24 F
X2 Statutes declared unconstitutional
By highest court of state or of United States. Entries under tkis head Sfs
dupucated under the specific subject of the law dedared unconstitutional.
A AkL Msdr. for employee or lessee abandoning written contract to
make similar agreement with other party, 'o i p. 1 3 1 , i Mr. UncatuL
Abridges right to contract in manner not within police power. Toney
V, State 37 S. 332 (1904).
b Ark. "An act to protect game & fish of state . . ." '03
ch.162, 24 Ap. Unconst. in so far as it prohibits nonresident land-
owner from hunting & fishing, denying equal protection of law ft
taking property without due process of law. State v. MaUory 83 S. W.
955 (1904).
c Ark. Msdr. for other than resident of county to peddle certain
articles without license. S. '04 {6886. Unconst. Class legislation
denies equal protection of law. Ex parte Deeds 87 S. W. 1030 (1905).
d Cal. Bd of directors of irrigation district may pledge works paid
for by taxation as security for bonds. '93 ch.148, 11 Mr; amdg. '87
cli-34§i7. Unconst, Deprives district landowners of property
without due process of law & impairs obligation of contract. Mer-
chants Bank of San Diego v. Escondido Irr. Dist. 77 P- 937 (1904).
e Ga. Initial or connecting carrier to trace cause of damage to
freight & report to shipper or be liable for loss. C. '95 (231 7-18.
Unconst, as to interstate commerce violating commerce clause of fed-
eral Const. Central of Ga. Ry. v, Murphey 196 U. S. 194 (1905).
f Dl. Collector to add $10 drainage tax for each 40 acres where
owner has not cleared stream. R.S. '99 ch.42 (200-1. Unconst.
Confuses judicial & administrative functions; deprives of property
without due process of law. Cleveland C. C. & St L. R. Co. v. People
72 N. E. 725 (1904).
g 111. Adoption of ordinances for local improvements in cities of
20,000-50,000; referendum in cities of 28,000-50,000. '03 p.xoi.
15 My. Unconst. Arbitrary classification to evade const, proviaoo
against local legislation. L'Hote v. Village of Milford 72 N. £. 399
(1904).
h Ind. Providing for extension of boundaries of dty of 6000-
7000 not operating under special charter. '03 ch.105, 7 Mr.
Unconst, Arbitrary classification in effect local legislation. Town
of Longview v. City of CrawfordsviUe 73 N. E. 78 (1905).
i Ind. Sale of merchandise in bulk not in course of trade void as to
creditors who supplied stock or loaned money for business unless
notice is given as prescribed. '03 ch.z53, 9 Mr. Unconst Arbi-
trarily creates class of preferred creditors denying equal protectioo of
law. McKinster v. Sager 72 N. E. 854 (1904).
Statutes^
LAW (general) xa
Kaxu City of ad class may charge high school tuition fee. '89
ch.324, 2 Mr. Unconst. "Common schools" as used in Const, art.6
fa means free schools. Bd. of Education v. Dick 78 P.812 (1904).
Kan. Establishing branch State Penitentiary & Oil Refinery at
Peru to be operated by convict labor. '05 ch.478, 17 F. Unconst,
Violates Const, art. 11 §8, which forbids Leg. to undertake internal
improvements. State v. Kelly 81 P. 450 (1905).
Ky. Clerk of Circuit Court in county containing 2d class city to
act on bd of election com'rs with power of sheriff. '04 ch.93, 22 Mr;
amdg. '00 ch.5 §2 (ex. sess.). Unconst. Arbitrary classification;
special legislation. Droege v, Mclnemey 87 S. W. 1085 (1905).
i La. Prisoner may be tried in parish within 100 yd of boundary
line of which offense was committed. R.L.'o4 §988. Unconst. Const.
art.9 provides that trial shall be in parish where offense was commit-
ted. State V. Montgomery 38 S. 949 (1905).
I La. Appeal from conviction & fine of $1000 in City Court for
slander to be taken to District Court. '88 ch.ii8, 12 Jl. Unconst,
Supreme Court has jurisdiction of appeals of $300. State v. Judge of
ist Dist. Court 37 S. 546 (1904).
[ La. Including retail drummers in definiticm of hawkers & ped-
dlers for purpose of license tax. '04 ch.49, 28 Je; amdg. '00 ch.xo3
§Z2. Unconst. in so far as it taxes transient merchants"selling by
sample; subject not included in title. Beary v. Narrau 37 S. 961
(1905).
r Md. Landowner to have right of way over adjoining land to church,
market town, etc. & may obtain private road by application to county
com'rs. C. art. 25 §100-21. Unconst. Takes private property for
private use. Amsperger v. Crawford 61 A. 413 (1905).
I Mich. Com'r todr^t standard fire policy, amend it when necessary
and fix time when its use should be obligatory. '81 ch.z49, 12 My.
Unconst. Delegation of leg. authority. Kiag v. Concordia Fire
Ins. Co. 103 N. W. 616 (1905).
t Mich. Assmt. of corp. property for taxation. C.L.'97 §3834.
Unconst. as to proviso taxing personalty of corp. engaged in commerce
or navigation only in city, village or township named in article of
incorp.; violates rule of uniformity allowing corp. to fix situs for
taxation. Teagan Transp. Co. et al. v. Bd of Assessors of Detroit
102 N.W. 273 {1905) , City of Detroit v. Mackinaw Transp. Co. 103
N.W. 557 (1905).
I Mich. Appeal dismissed either before or after passage of act for
nonpayment of register's fee may be reinstated by Supreme Court.
'osch.15, 10 Mr amdg. C.L. '97 §552. Unconst. as to appeals dis-
missed before passage as impairing vested right. Lohrstorfer v.
Lohrstorfer 104 N.W. 142 (1905).
r Minn. "An act to enforce payment of taxes which became de-
linquent in & prior to 1879." '^' ch.135, 7 Mr. Unconst. in so far
as it authorizes enforcement of taxes barred by statute of limitations.
Folsom V. Whitney 104 N.W. 140 (1905).
'Statutes
X2 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
w Minn. Sale by warehouseman to satisfy lien can only be made if
license was obtained within 30 days after passage of act. '95 ch.149
§8, 25 Ap. Uftconst. Class legislation. Webb v. Downes loi N.W.
966 (1904).
wx Minn. "An act rel. to names of political parties on official ballot"
providing that candidate should not nm on 2 tickets. '01 ch.312.
13 Ap. ; amended '03 ch.232, 14 Ap. Uftconst. as to latter pxx>visioa
not included in title. In re Day 102 N.W. 209 (1904).
wa Minn. "An act to amend G.S.'94 §4284 subdiv.6 as amended by
'01 ch.95 rel. to express trusts." '03 ch.132, 4 Ap. Unconst, Title
restrictive rel. to mun. trusts while act embraces gen. subject of ex-
press trusts. Watkinsv. Bigelow 100 N.W. 1104 (1904).
W3 Mo. Agricultural or pastoral land included within limits of 4th
class city to be exempt from taxation till platted in s-acre lots. R.S.
'89 §1580. Uftconst. Const, art. zo §3, 7 requires tmiformity in tax-
ation & abolishes all but specified exemptions. State v. Birch 85
S.W. 361 (1905).
W4 Mo. Wages to be paid in money or order redeemable in money.
R.S;'99 §8142-43. Uftcofist. Abridges freedom of contract. Leach
V. Mo. .Tie & Timber Co. 86 S.W. 579 (1905).
W5 Ifeb. "An act to provide for encouragement of manufacture of
sugar & chicory & to provide compensation therefor." '95 ch.i,
29 Mr. Uftconst. Contains more than i subject. Oxnaixl Beet
Sugar Co. v. State 102 N.W. 80 (1905).
w6 Ifcb. *'An act to amend §19 of ch.io C.S. '99" authorizing county
to pay for official bonds. '01 ch.ii, i Ap. Uftconst. Act amended
mere list of officers & bonds ; subject not included in title. Knight
V. Lancaster Co. 103 N.W. 1064 (1905).
W7 Ifcb. In counties of 50,000 surveyor to be ex officio engineer.
•03 ch.32, 8 Ap. Uftcofist. There being but 2 counties with that
population, act is in effect local. State v. Scott 100 N.W. 812 (1904).
w8 Ifeb. *'An act to provide for sale of lots & lands for taxes &
assmts. delinquent for 5 yrs. . . " '03 ch. 6, 11 Ap. Uftcofist.
Authorizes private sale for any sum bid & allows commutation of
taxes in violation of Const, art.9 §4. City of Beatrice v. Wri^t
loi N.W. 1039 (1904).
W9 Ifeb. Biennial state elections. '05 ch.65, 4 Ap. Uficoftst. Changes
time of election & term of certain officers regulated by Const, art. 6, 18.
State V. Galusha 104 N.W. 197 (1905).
z If. H. Prohibiting use of trading stamps. '99 ch.6o, 9 Mr.
Uncofist. Imposes arbitrary restraint on trade not properly
within police power. State v. Ramseyer 58 A. 958 (1904).
XI If . J. Where city ordinance provides penalty for keeping dis-
orderly house, offense of repeated tmlawful sales of liquor to be prose-
cuted under it & not by indictment. '74 ch.404 §2, 26 Mr. Ufu»fist.
No person to be tried for criminal offense without presentment or
indictment of grand jury. State v. Terry 61 A. 148 (1905).
xa N. J. "An act to provide accommodations for courts & county
offices. . . " to apply only to counties of 200,000. 'ox ch.123.
Statutes
LAW (general) la
a 2 Mr. Unconst. Arbitrary classification making act special. Dick-
inson V. Bd of Freeholders of Hudson County 60 A. 220 (1905).
13 H, J. "An act to acquire rights of fishing common to all in fresh-
water lakes in certain coxmties. . .'* *oi ch.i6i, 22 Mr. Unconst,
Eminent domain can be exercised only for public use. Albright v,
Sussex Cotmty Lake & Park Com'r 57 A. 398, 59 A. 146 (1904).
X4 H. Y. Limiting labor of employees of independent contractor
for public work to 8 hrs a day. '97 ch. 415 §3, 13 My. Unconst,
Violates const, rights of municipalities. People v. Grout, 72
N. £. 464 (1904).
XS H. Y. Limiting employment in bakery to 10 hrs a day or 60 hrs
a week. '97 ch.415 S'^o. '3 My. Unconst. Restricts freedom of
contract in manner not justified by police power, Lochner v. N. Y.
198 U.S. 45 (1905)-
z6 H. Y. Term of mayor of New York to begin at noon on Jan. i
after election. *ox ch.466 §94, 22 Ap. Unconst. Term of mayor
except in 3d class city to expire at end of odd numbered yr.
People V. Fitzgerald, 73 N.E. 55 (1905).
X7 H. C. Person acquitted of murder on ground of insanity may be
committed in discretion of trial jtidge to hospital for dangerous insane,
'99 ch.i §65, 17 F. Unconst. Does not give accused notice or op-
portunity to^be heard thus depriving him of liberty without due process
of law. In re Boyett 48 S.E. 789 (1904).
z8 ' H. C. Person committed to hospital for dangerously insane on
judges order after acquittal for certain crimes on ground of insanity to
be released only by act of Leg. '99 ch.i §67, 17 F. Unconst. De-
prives courts of power to inquire into legality of restraint. In re
Boyett 48 S.E. 789 (1904).
xp O. Official and fiduciary bonds over $2000 must be guaranteed by
surety co. '04 p. 182, 22 Ap. Amdg. R. S. §3641 c. Unconst.
Restricts freedom of contract. State v. Robins 73 N.E. 470 (1905).
y O- Judges of Court of Common Pleas of each covmty to fix salary
of county surveyor. '04 p.313, 25 Ap. Unconst. Leg. power can
not be delegated. State v. Rogers 73 N.E. 461 (1905).
ji Okl. Action to recover or partition real property or foreclose mort-
gage to be brought in county where subject-matter is situated. S '03
§4246. Invalid. Conflicts with act of Cong. May 2, 1890 ch.i 82
J 10, requiring actions to be brought in covmty of defendant's resi-
dence. Burke v. Malaby, 78 P. 105 (1904).
ya Pa, In equity suit affecting property in state subpoena may issue
against defendant and be served wherever found. '59 ch. 387, 6 Ap.
Unconst. Action in personam can not be prosecuted against non-
resident on process served without jurisdiction. Wallace v. United
Elec. Co. 60 A. 1046 (1905).
73 S. C. Prohibiting trusts or combinations. C. C. $2845. Unconst.
in so far as it attempts to regulate interstate commerce. State v.
Vii^ia. — Carolina. Chem. Co. 51 S.E. 455 (1905).
74 S. D. Prosecution for crime punishable with death or imprison-
ment in penitentiary may be removed on application of Atty. Gen.
Uniform laws
12-13 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
based on impossibility of securing impartial trial in county. C L. '87
§7315-18. Unconst. Accused entitled to trial in county or district
where offense was committed. In re Nelson 102 N.W. 885* (1902).
y5 S. D. State Insurance ComV to keep on file printed form for insur-
ance policy of type of N. Y. standard policy. C. C. §664. Unconst.
in so far as it delegates to com'r power to prescribe form of policy
which is leg. fxmction. Phenix Ins. Co. v. Perkins loi N.W. mo
(1905).
y6 Tex. "An act prescribing how & by whom tickets on railroads
shall be sold & providing for redemption of tickets . . . unused
..." '93 ch. 73, 2 My. Unconst, §3 declared void in Jannin v. State
51 S. W. 1126; act in furtherance of single scheme and therefore
wholly void. Taxes & P. Ry. Co. v. Mahaffey, 84 S.W. 646 (1905).
y7 Tex. C. O. D. sale of intoxicant to be deemed made at place of de-
livery & payment. *oi ch.96, 17 Ap. Unconst. Gives "sale"
meaning foreign to sense intended in art. 16 §20 authorizing local
option. Keller v. State 87 S.W. 669 (1905).
y8 Wash. "An act creating & providing for enforcement of liens
for labor & material" giving lien for "provisions" furnished to con-
tractor. '93 ch.24 §1, 21 F. Unconst. Subject not included in title.
Armour & Co. v. Western Construction Co. 78 P. 1106 (1905).
yg Wash. Vacancy in bd of cotmty com'rs to be filled by remaining
members and judge of Superior Court. Ballinger Ann. C. & S. '97
§327. Unconst. Const, art. 11 56 provides that vacancy in county
office be filled by bd of cotmty com'rs. State v. Fulton 79 P. 779
(1905).
z Wash. Judgment lien ceases after 6 yrs & shall not be revived.
'97 ch.39, 6 Mr. Unconst, as to existing choses in action, impairing
obligation of contracts. Howard v. Ross, 80 P. 819 (1905), Fischer
V. Kittinger 81 P. 55 1 (190S).
zz Wash. "An act requiring horseshoers in cities of ist, 2d & 3d
classes . . . to pass exam. . . " 'oz ch.67, 11 Mr. Unconst.
Trade not one affecting health, welfare & comfort of inhabitants ft
hence regulation not justified by police power. In re Aubry 78 P. 900
(1904).
Z2 Wash. Practice of dentistry. *oi ch.152, i8 Mr. Unconst. in so
far as it requires exam. & license to "own, run or manage" dental
office as distinguished from practice of dentistry; not within poHoe
power. State v. Brown 79 P. 635 (1905).
Z3 Wash. "An act rel. to fees of state & cotinty officers, witnesses A
jurors " imposing ad valorem tax on estates in form of probate derk
fees. '03 ch.151, 16 Mr; rep. '93 ch. 130. Unconst. Extraordinary
tax in addition to uniform tax allowed by Const. Subject not in-
cluded in title. State v. Case 81 P. 554 (1905).
13 XJnifonn laws
Se€ also 464, Negotiable instruments
a Ct. Reenacting '93 ch.3 establishing Com'r for Promotion'"of Uni-
form Legislation in the U.S. 4§ '05 ch.182, 99 Je
Boundary* Jurisdiction
CONSTITUTIONAL LAW ^3-x8
Extending term of office of Bd of Com'rs for Promotion
of Uniformity of Legislation in the U. S. till 1908. i§
'05 ch.172, 14 Mr
c Pa, Continuing Com'n for Promotion of Uniformity of Legislation
in U. S. appointed by 'oz ch.191, for term of 4 yrs. '05 ch.66, 31 Mr
d Wash. "Bstablishing Bd of Com'rs to Promote Uniformity of
Legislation in the U. S."; biennial report to Leg. 4§ '05 ch.59, 3 Mr
15 CONSTITUTIONAL LAW
This and 950* Admaxustxative law. make up what is commonly known as the
PoUticalC^e.
17 Boundary. Jurisdiction
a Ct. Com'n to be appointed to confer with like Mass. com'n rel. to
relocating & marking of boundary line between states; $7000. 3§
'05 special acts ch.469, x8 Jl
b DcL Com'rs named to draw up compact with N. J. com'rs rel. to
botmdary line in Del. river & bay. i§ '05 ch. 216, 13 P
c DeL Ratifying compact between Del. & N. J. rel. to Del.
river & bay boundary. '05 ch. 55, ao Mr
d Ga. Gov. to confer with S. C. Executive to adjust state boun-
daries. 'oS p. 1258, 22 Ag
e llass. Bd of Harbor & Land Com'rs to act with committee from
Ct. in determining boundary line; $7000. '05 r. 46, 13 Ap
f Heb. Authorizing Gov. to sign boundary compact with Gov. of
S. D. '05 ch.234, 3 P
( Heb. Alteration of boundaries of Neb., Mo., la. & S. D. consequent
upon change effected by Mo. river; reciprocal provisions ; cession of
certain lands to la. 3§ '05 ch. 153, 30 Mr, '05 ch.154, 4 Ap
h H. J. Com'n of 3 members designated to draft with Del. com'n
compact to settle boundary controversies. '05 p. 5 63, 14 P
I H . J. "An act to ratify . . . compact . . between
N. J. & Del. respecting Del. river & bay . . ." arranged by
oom'n appointed Feb. 14, 1905. zi§ '05 ch.42, 21 Mr
J H • C. Gov. to appoint surveyor to rerun portion of boundary line
between S. C. & N. C. 4§ '05 ch.406, 4 Mr
k Tenn. Provision for settling disputed boundary line between Tenn.
& N. C. '05 p. 1 284, 30 Mr
m Tesn. Com'n to be appointed to confer with Ga. com'r to settle
disputed boundary line. 3§ '05 ch.499, 17 Ap
n Vt "An act to establish the botmdary line between Vt. & N. Y.
from northwest comer of Mass. to Potdtney river." i§
'o4ch.i93,9 D
18 Cetsioiis to United States
a Me. Ceding to U. S. exclusive jurisdiction over land acquired for
public purpose & authorizing acquisition thereof. 3§
'05 ch.$o, II Mr
b K. J. Rep. '96 ch.23, which ceded to U. S. jurisdiction over pali-
sades of Hudson river for military & national park, i §
'oS ch.56, 25 Mr
N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
c Pa. Amdg. '83 ch.105 §1 rel. to jurisdiction over lands ceded to
U. S.; limit on amount; exemption from taxation. 2§
'oS ch.29, 17 Mr
d Tex. Authorizing U. S. to condemn land for public improvements;
procedure. 22} '05 ch.73, 22 Ap
19 Statistics
See also 938 Vital, statistics
A Cal. Bureau of Labor Statistics to report biennially to Leg. statis-
tics rel. to marriage, divorce & crime; county 6t city officers to fur-
nish data. 2§ '05 ch. 1 13, 18 Mr
2z Census
See aho a a 74, School *census
A Fla. State census to be taken inigos. 5§ '05 ch.98. 5 Jc
b Mass. Printing and distribution of decennial census report of
1905. *oS r.66, 4 My
c Minn. Decennial census to be taken during Jtme, 1905. 22§
'05 ch.124, 7 Ap
d If. J. Decennial census to be taken during 1905 ; procedure. Rep.
'85ch.i77. 22§ '05 ch.125. 12 Ap
e N. Y. Providing for decennial state census in May & June, 1905.
21 J 'o5ch.83, 21 Mr
f H. Y. Amdg. '05 ch.83 §3, 10 rel. to filing description of town by
boundaries & election districts for use of census takers; facts for
enumeration. 2§ '05 ch.144, 7 Ap
g H. D. State census to be taken in 1905 & every 10 yrs thereafter
imder direction of Sec. of State. i4§ '05 ch. 168, 13 Mr
h S. D. Providing for taking of decennial state census from May i to
July I, 1905. 3i§ '05 ch.63, 25 Ja
22 State coat of arms, name, seal, flag, flower, song
24 Flag
A Mon. Establishing state flag. 3§ '05 ch.42, 27 P
b Nev. Adopting state flag, ij '05 ch.27, 25 P
c Tenn. Adopting state flag. i§ '05 ch.498, 17 Ap
d W. Va. Adopting state flag. '05 p.520, 24 P
30 Constitutions
BY HELEN PAGE BATES Ph. D.
32 Revision
a Ct. Referring to Leg. of 1907 const, amdt. in form of revisioii of
Const. i4p. *oS p. 553, 19 Jl
b Mich. Submitting question of calling convention to revise
Const. Vote Ap 1906. 4§ 'oS ch.325, 20 Je
Amendments pendiiij|
CONSTITUTIONAL LAW CONSTITUTIONS 33-34
33 Amendment
Stealso i8i, Ballots
a FUu Proposed const, amdts. to be displayed at voting precincts
on day of election. 2% '05 ch.34, 19 My
b Fla- Submitting amdt. to Const. 1885 art. 17 §1: const, amdt.
after passage by Leg. to be published for 3 mo. [i] preceding next
gen. election of representatives ; amdt. to be part of Const, from date
of adoption. Vote Nov. 1906. ij *oS p.438, 6 Je
c Mich. '*An act to secure greater publicity concerning proposed
amdts. to Const.'* 2§ '05 ch.23, 20 Mr
d S. D. Amdg. P. C. §1910 rel. to publication of const, amdts. i§
'05 ch.72, 28F
e Wis. Amdg. S. '98 §20: Sec. of State to publish notice of const,
amdt. or other question to be submitted to vote of electors, z §
'05 ch.360, 12 Je
34 Amendments pending
Amendments acted on during current year are duplicated under the special
subjects to which they pertain. This list includes all pending amendments
whether acted on during the current or previous years.
a CaL Submitting amdt. to Const. 1879 ^rt. 11 by adding §i6j>
regulating public depositories : security; apportionment. Vote Nov.
1906. i§ 'oS p.1062, 7 Mr
b Cal. Submitting amdt. to Const. 1879 ^^- ^^ §'^' provision of
mun. charter to control tenure of office of employees. Vote Nov.
1906. i§ '05 p. 1063, 7 Mr
c CaL Submitting amdt. to Const. 1879 art. 11 §8: city of 3500 may
adopt new charter. Vote Nov. 1906. i§ '05 p. 1064, 8 Mr
d Cal. Submitting amdt. to Const. 1879 ^^- '^ ^7 adding §13^-:
public bond may be made payable in any place in U. S. Vote Nov.
1906. i§ *o5 p.1067, 10 Mr
e Cal. Submitting amdt. to Const. 1879 art. 6 §17 rel. to salary of
Superior and Supreme Court judge. Vote Nov. 1906. i§
'05 p. 1069, 10 Mr
f Cal. Submitting amdt. to Const. 1879 art. 5 §15, 19 rel. to salary
& duties of Lieut. Gov. Vote Nov. 1906. 2§ '05 p. 1070, 10 Mr
g CaL Submitting amdt. to Const. 1879 art. 12 §7* corp. charter or
franchise may be extended 50 yrs by consent of § stock. Vote
Nov. 1906. i§ 'oS p. 1 07 1, 10 Mr
h Cal. Submitting amdt. to Const. 1879 art. 9 by adding §13 ex-
empting Cogswell Polytechnical College from taxation; Leg. may
revive or modify at will. Vote Nov. 1906. i§ '05 p. 1072, 10 Mr
i CaL Submitting amdt. to Const. 1879 art. 5 §19: salary of Gov.
$10,000 [$6000]; Atty. Gen. $6000 [$3000]; Sec. of State, Compt.,
Treasurer & Surveyor Gen. $§000 [$3000]; clerk not to exceed
$1800 [$1600]. Vote Nov. 1906. i§ '05 p. 1073, 10 Mr
j CaL Submitting amdt. to Const. 1879 art. 4 §2, 23: time limit for
introduction of bills; salary of member of Leg. $1000 a session [$8 a
day}; Leg. may employ attendants to amount of $500 a day. Vote
Nov. 1906. 2% '05 P.107S, 10 Mr
Amendments pending
34 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
k Col. Submitting amdt. to Const. 1876 art. 7 §8: voting machines
may be used providing secrecy is assured; bonds may be issued to
purchase. Vote Nov. 1906. 3§ '05 ch.84, 10 Ap
n Ct. Referring to Leg. of 1907 const, amdt. in form of revision
of Const. i4p. '05 P.S53, 19 Jl
p Del. Referring to Leg. of 1907 amdt. to Const. 1897 art. 5 (4:
voter not required to pay registration fee to qualify. i§
'oS ch.4, 30 Mr
q Fla. Submitting amdt. to Const. 1885 art. 16, by adding §32-35:
creating Bd of Drainage Com'rs & Drainage Districts; lien for taxes;
assmt. of benefits. Vote Nov. 1906. 4§ '05 p.435, 27 My
r Fla. Submitting amdt. to Const. 1885 art. 5 §9: salary of justice
of Supreme Court $4000 [$3000]; circuit judge $3300 [$3500]. Vote
Nov. 1906. i§ '05 p. 432, 31 My
s Fla. Submitting amdt. to Const. 1885 art. 5 by adding §39: salary
r of judge of Criminal Court of Record graded according to population
of county. Vote Nov. 1906. ij '05 p. 432, 6 Je
t Fla. Submitting amdt. to Const. 1885 art. 5 by adding §40-47:
establishing Court of Record in Escambia county & defining jurisdic-
tion. Vote Nov. 1906. 85 '05 p.433, 6 Jc
u Fla. Submitting amdt. to Const. 1885 art. 17 §1: const, amdt.
after passage by Leg. to be published for i mo. [3] preceding next gen.
election of representatives ; amdts. to be part of Const, from date
of adoption. Vote Nov. 1906. ij '05 p. 438, 6 Je
V Ga. Submitting amdt. to Const. 1877 art.6 §3 ^i : Leg. may in-
crease or reduce number of judges of Superior Court for each dxcttit.
Vote Oct. 1906. 5§ *oS p.66, 99 Ag
vz Id. Submitting amdt. to Const. 1889 art.zS §10: county com'rs
to be elected for 4 [2] jrrs. Vote Nov. 1906. 3$ *o5 p.437, 2 F
V2 Id. Submitting amdt. to Const. 1889 art.9 §iz : school funds may
be invested in county, mun. or school district bonds or state warrants.
Vote Nov. 1906. 2§ 'oS p.438, 23 F
V3 Id. Submitting amdt. to Const, z 889 art. z 8 §6 rel. to county, town-
ship & precinct officers. Vote Nov. Z906. 3$ '05 p.439, z Mr
V4 Id. Submitting amdt. to Const. Z889 art. 7 §9: state tax rate on
real & personal property liznited to z % of assessed valuation [maxi*
mum rate graded according to total valuation] except on izuijority
vote at gen. election. Vote Nov. Z906. 2§ '05 P.44Z, 9 Mr
V5 Id. Submitting amdt. to Const. Z889 art. 7 §8: railroads hereafter
constructed may be exempt from taxation for zo yrs ixom be-
ginning of construction. Vote Nov. Z906. 3§ '05 p.440, 3 Mr
v6 Id. Submitting amdt. to Const. Z889 art.8 §4: local divisions may
vote donations to railroads or works of internal improvement on sub-
mission to voters at special election; provisos. Vote Nov. Z906. 4I
'05 p.435, xo Mr
v7 Id. Submitting amdt. to Const. Z889 ^^-^ $3* ^ocsl divisions may
incur public indebtedness on majority [|] vote at special electioa.
Vote Nov. Z906. 4§ '05 p.435, zo Mr
AmendmentB pending
CONSTITUTIONAL LAW CONSTITUTIONS 34
▼8 Ind. Submitting amdt. to Const. 1851 art. 7 §21 : Leg. to prescribe
requirements for admission to bar. Vote Nov. 1906. i§
'05 ch.171, 4 Mr
w la. Referring to Leg. of 1906 amdt. to Const. 1857 art. z by add-
ing §18: Leg. may regulate construction of drains etc. across private
lands, provide for organization of drainage districts & maintenance
of drains, & define procedure.' '04 p. a 10, 9 Ap
wx Kan. Submitting amdt. to Const. 1859 ^^-^ §'7- courts to deter-
mine whether law is repugnant to const, provision against special
laws. Vote Nov. 1906. 3§ '05 ch.S43, 20 Ja
wa Kan. Submitting amdt. to Const. 1859 &rt.i3 §2: stockholder in
Corp. liable to [additional] amount of [equal to] stock owned. Vote
Nov. 1906. 2 5 'oS ch.542, 27 Ja
W3 Kan. Submitting amdt. to Const. 1859 ^rt.is §4: State Printer to
be elected in Nov. 1906 & every 2 yrs thereafter [appointed by Leg.
in joint session]. Vote Nov. 1906. 2§ '05 ch.545, 19 P
W4 Kan. Submitting amdt. to Const. 1859 ^^-3 §^' ^S- ^^X P^~
vide for appointment of judge pro tem in absence or disability of
probate judge; probate judge may receive salary & clerk. Vote
Nov. 1906. 2§ 'oS ch.544, 22 P
W5 Minn. Submitting amdt. to Const. 1857 as substitute for art.9
S1-4: power of taxation indestructible; taxes to be uniform & for
public purpose; exemptions; special assmts. Vote Nov. 1906. 3§
'05 ch.i68, 13 Ap
w6 IGnn. Submitting amdt. to Const. 1857 art.9 §'^- Leg. may levy
tax of i [^] mill for bridge & road fund ; omitting clause rel. to
appointment of State Highway Com'n. Vote Nov. 1906. 38
'05 ch.2i2, 17 Ap
W7 Minn. Submitting amdt. to Const. 1857 art.i by adding §18:
person may sell or peddle product of own farm or garden without
license. Vote Nov. 1906. 28 '05 ch.283, 19 Ap
w8 Miss. Submitting amdt. to Const. 1890 by repealing §105 which
required Leg. to take decennial state census. Adopted Nov. 1904
but not inserted in Const, by resolution of Leg. '04 ch.171, 8 Mr
z Mo. Submitting amdt. to Const. 1875 art.9 §10' sheriff & coroner
to be elected for 4 [2] yrs; eligible for reelection [only 4 out of 6
yrs]. Vote Nov. 1906. '05 p.308
zz Mo. Submitting amdt. to Const. 1875 art.zo§i2: political coxp.
with assent of | voters may become indebted to amount greater than
annual revenue for grading, constructing, paving & maintaining
roads. Vote Nov. 1906. '05 p.309
Z2 Mon. Submitting amdt. to Const. 1889 art. 5 §z establishing
initiative and referendum. Vote Nov. 1906. 38 *o5 ch.6i, 2 Mr
^ Keb. Submitting amdt. to Const. 1875 by adding article: provid-
ing for State Ry. Com'n to consist of 3 members elected in Nov.
1906 for 6 yr term; to regulate rates, service & control of common
carriers; provision in case no specific law passed by Leg. Vote Nov.
19^6, 3§ '05 ch.233, 4 Ap
Amendments pending
34 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
Z4 Nev. Amdg. Const. 1864 art. 10 §1: proceeds only of unpatetUed
mines & mining claims to be taxed; patented mines to be assessed
at $500 or more; exception.
'03 p. 240, 20 Mr; repassed '05 p. 2 77, 3 Mr
X5 Ifev. Referring to Leg. of 1907 amdt. to Const. 1864 art. 11 §3:
school funds may be invested in bonds of any city or county in U. S.
i§ '05 p.277. 13 Mr
z6 H. Y. Referring to next Leg. amdt. to Const. 1894 art.6 {6: Court
of Appeals may authorize appointment of trial com'rs in counties of
500,000, their necessity being certified to by cTppellate division of
Supreme Court of the county; term 6 yrs; salary $12,000; powers.
'04 p. 1933, 8 Ap
27 N. T. Referring to next Leg. amdt. to Const. 1894 art.7 {7
relating to forest preserve: Leg. may authorize removal of dead
timber for reforestation; also sale of lands outside Adirondack
park & Catskill park; proceeds to be used for purchase of lands
within parks; regulations. '04 p. 1934, 9 Ap
z8 H. Y. Referring to next Leg. amdt. to Const. 1894 art. 2 §1 as to
residence qualifications in a city comprising more than i county.
'04P.1935. 14AP
29 N. Y. Referring to next Leg. amdt. to Const. 1894 art. 6 §1, 7 as
amended in 1899: Leg. may increase number of justices of Supreme
Court, & judges of Court of Appeals not to exceed 11, on } vote of
members of each house; divisions of latter; quorum; concurrence.
•04 p. 1936, 14 Ap
y H. Y. Referring to next Leg. amdt. to Const. 1894 art. 6 §6 by
adding article : justices of appellate division of department in whidi
Supreme Court com'rs have been appointed may designate additional
com'rs and may revoke designation. '04 p. 1938, 15 Ap
yi N. D. Submitting amdt. to Const. 1889 §162: school funds may
be invested in county, township or mtm. bonds. Vote Nov. 1906. i§
•03 p.294. 24 F; 'oS p.349. « Mr
y2 If. D. Referring to Leg. of 1907 amdt. to Const. 1889 §158 rel. to
sale of school lands; provisos, ij '05 ch.350, 6 Mr
JS N. D. Referring to Leg. of 1907 amdt. to Const. 1889 §89: Su-
preme Court to consist of 5 [3] judges. i§ '05 p. 351, 6 Mr
y4 N. D. Referring to Leg. of 1907 amdt. to Const. 1889 §162: school
funds may be invested in drainage bonds or bonds of states not having
repudiated indebtedness. i§ *oS ch. loi, 25F; '05 P.3S1, 25 P
yS 8. C. Submitting amdt. to Const. 1895 art. 3 §9: sessions of L^.
after 1906 to be held biennially [formerly annually]. Adopted Nov.
1904, but not ratified by Leg. of 1905. '04 ch.383, 11 P
y6 S. D. Submitting amdt. to Const. 1889 art. 9 §7 : Leg. may impose
additional qualifications for school sup'ts consistent with Const, art.
7 §9. Vote Nov. 1906. i§ '05 ch.68
JJ S. D. Submitting amdt. to Const. 1889 art. 5 §23: in city of 5000
Leg. may substitute for police magistrates Mun. Court with juris-
diction of justice of peace & provide for election of judges. Vote Not.
1906. *o5 ch. 69
Amendments adopted
CONSTITUTIONAL LAW CONSTITUTIONS 34-35
fS S. D. Submitting amdt. to Const. 1889 art. 21 by adding §6:
Leg. may provide for drainage of agricultural lands, organize drainage
districts & authorize special assmts. to maintain. Vote Nov. 1906.
x| '05 ch.70
z S. D. Submitting amdt. to Const. 1889 art. 11 §1 : Leg. to impose
tax not to exceed i^ mills for support of cordage plant at State Pen-
itentiary during 1907. Vote Nov. 1906. 1 5 *o5 ch.71
zx Tex. Submitting amdt. to Const. 1876 art. 8 §2 : endowment ftmd
of educational & religious inst. invested in bonds & mortgages
exempt from taxation for 2 yrs after purchase. Vote Nov. 1906. 4§
'05 p.410, IS Ap
za Tex. Submitting amdt. to Const. 1876 art. 8 §9: county, dty or
town tax of i^ mills on $1 may be levied to pay jurors. Vote Nov.
1906. 2§ '05 p.411, IS Ap
Z3 Tex. Submitting amdt. to Const. 1876 art. 3 § 24: salary of leg-
islator; prohibiting acceptance of privileges from telegraph or tele-
phone CO. or common carrier. Vote Nov. 1906. ij '05 p.412, 15 Ap
Z4 Wash. Submitting amdt. to Const. 1889 art. 21 {i : making use of
water for removal of timber products a public use. Vote Nov. 1906.
4i *o5 ch. 67, 3 Mr
Z5 Wash. Submitting amdt. to Const. 1889 art. i J16 rel. to eminent
domain. Vote Nov. 1906. 4§ '05 ch. 65, 4 Mr
z6 Wis. Referring to Leg. of 1907 amdt. to Const. 1848 art. 8 §1:
Leg. to provide for graduated income tax. '03 p. 7 76; '05 p.992
vj Wis. Referring to Leg. of 1907 amdt. to Const. 1848 art. 8 §10:
state may appropriate money or levy tax for construction or improve-
ment of public highways. '05 p.991
z8 Wis. Referring to Leg. of 1907 amdt. to Const. 1848 art. 3 §1 ^12:
qualified electors to include [white] persons of foreign birth declaring
intention to become citizens prior to Dec. i, igo8; proviso.
'05 P.994
Z9 Wis. Referring to Leg. of 1907 amdt. to Const. 1848 art. 5 §10:
bills not returned by Gov. within 6 [3] days to become law ; proviso.
'OS p.994
35 Amendments adopted
The entries under this head are durilicated under the special subjects to which
they pertain.
a Ct. Amdg. Const. 18 18 by adding section: voting machines may
be used in elections. Adopted Oct. 1905.
'03 p.207, ao My; '05 ch.190, 29 Je
b Ct. Amdg. Const. 181 8 by adding section: towns may hold annual
or biennial elections. Adopted Oct. 1905.
'03 p.207, 20 My; '05 ch.190, 29 Je
d Mich. Amdg. Const. 1850 art. 6 §6: bd of supervisors of Genesee
cotmty may pay circuit judge additional salary. Adopted Ap. 1905.
i§ 'OS p.5a8
e Mich. Amdg. Const. 1850 art. 10 §10: Genesee county to have
county bd of auditors. Adopted Ap. 1905. i§ '05 p.530
f IBcfa. Amdg. Const. 1895 art. 14 §9 : state may aid in improvement
of wagon roads. Adopted Ap. 1905. i} '05 p.531
Amendments adopted
35 N. Y. STATE LIBRARY INDEX OF LEGISLATION I90S
g N, Y. Amdg. Const. 1894 art. 8 §10: debts of New York city for
water supply excepted from const, limit of city indebtedness.
Adopted Nov. 1905. *oi p.1804, 14 Mr; '03. p.1456, 23 Ap
h H. Y. Amdg. Const. 1894 art. 7 by adding §11: Leg. may pay from
funds in treasury sinking fund charges, interest & principal of debts
heretofore or hereafter created; if other fimds suffice no direct
annual tax need be imposed. Adopted Nov. 190$.
'02 p.xSoi, 12 Mr; '03 p.1451, 22 Ap
i H. Y. Amdg. Const. 1894 art. 6 §z : Leg. may increase justices in
any judicial district but number may not exceed i justice for each
60,000 or fraction over 35,000; ist & 2d districts excepted. Adopted
Nov. 1905. '02 p.i8o2, 21 Mr; '03 p.1452, 22 Ap
J N. Y. Amdg. Const. 1894 art. 12 Ji : Leg. may regulate wages, hrs
& condition of labor employed by state or any civil division or on
public contracts. Adopted Nov. 1905.
'02 p.1803, 27 Mr; '03 p.1453. aa Ap
k If. Y. Amdg. Const. 1894 art. 7 by adding §12: Leg. may contract
debts for improvement of highwa3rs, limited to $50,000,000; counties
to pay not more than 35%, or towns 15% of cost of highway.
Adopted Nov. 1905. '03 P.Z454, 2 Ap; '05 P.2Z38, 13 Ap
m N. Y. Amdg. Const. 1894. art. 7 §4 lel. to creation Sc pay-
ment of state debts: direct annual tax to be levied to pay annual
interest charge, & principal within 50 [formerly z8] yrs from date
of contraction. Adopted Nov. 1905.
'03 p.1454, 22 Ap; '05 p.2139. 4 Ap
n N. Y. Amdg. Const. 1894 art. 6 §2 as amended in 1899: justice
of Supreme Court, when not acting as appellate justice, may hold
term of Supreme Court in any county or judicial district in any other
department of state. Adopted Nov. 1905.
'04P.1931, 6 Ap; '05 p.2141, 19 Ap
p O. Amdg. Const. 1851 by adding art.17: elections of state &
county officers to be held Tues. after ist Mon. in Nov. in even years;
of other elective officers, in odd years; Leg. to fix even year terms
of administrative & judicial officers within certain limits. Adopted
Nov. 1905. '04P.640, 18 Mr
q O. Amdg. Const. 1851 art. 12 §2: state, local gov't & school
^ bonds to be exempt from taxation. Adopted Nov. 1905.
•04P.652, 25AP
r S. C. Ratifjring amdt. to Const. 1895 adopted by people Nov. 1904:
Leg. may pass local & special laws rel. to construction & working of
roads ; drainage, iji '05 ch.408, 18 P
8 8. C. Ratifying amdt. to Const. 1895 art. 8 §7 adopted by people
Nov. 1904: Greenville may increase bonded debt to 1$% oi taxable
property for street improvement or sewerage, purchase of water or
electric light plant or payment of past indebtedness, i )
•05 ch.479, ao P
t S. C. Ratif3dng amdt. to Const. 1895 art.3 §34 subdiv.a, 9 adopted
by people Nov. 1904: Leg. may pass local or special law to regulate
highway work or to prescribe age for road duty, z} '05 ch.48a, 9 Me
Amendments rejected
CONSTITUTIONAL LAW CONSTITUTIONS 36
36 Amendments rejected
The entries under this head are duplicated under the special subjects to which
they pertain.
a Ct. Referring to Leg. of 1905 const, amdt.: Gov. or Leg. may not
appoint during session any member to remtmerative office ; U. S. sen-
ator & notary public excepted. Not repassed in 1905.
'03 p.207, 20 My
az Ky. Amdg. Const. 1891 §147: elections by people to be viva voct
[formerly by secret official ballot]; election officers to make public
record according to direction of voter. Rejected Nov. 1905.
'04 ch.30, 14 Je
b Md. Amdg. Const. 1867 art.i §1 rel. to suffrage: registration re-
stricted to those who are able to explain any section of Const, or who
were qualified voters in 1869 or are the lineal descendants of such
voters. Rejected Nov. 1905. '04 ch.96, 10 Mr (not in session laws)
c Md. Amdg. Const. 1867 art. 3 §34: Leg. may apportion to Balti-
more city and the several cotmties $400,006 annually for construction
& maintenance of highways. Rejected Nov. 1905.
*o4 ch.97, 10 Mr (not in session laws)
cz Hev. Referring to Leg. of 1905 amdt. to Const. 1864 art. 15 §13
relating to leg. apportionment: each coxmtyto have at least z sen-
ator & z assemblyman; enumeration. Not repassed in 1905.
'03 p.230, zo Mr
d Nev. Referring to Leg. of z 905 amdt. to Const. Z864 art. 4 §z : pro-
vision for initiative on petition of io% of voters of state, & refer-
endum on petition of 7% of voters, or by act of Leg. Not repassed
in Z905. '03 P.23Z, Z2 Mr
e Ifev. Referring to Leg. of Z905 amdt. to Const. Z864 adding article:
state may furnish public utilities; debt contracted not to exceed zo%
of taxable property; provision for referendum. Not repassed in
Z905. '03 p.232, Z2 Mr
g Or. Referring to Leg. of Z903 amdt. to Const. Z857 art.zz §a: gen.
laws to be passed for incorp. of cities; cities may frame & adopt char-
ters without submission to Leg. Repassed in Z903 but no provision
for submission. *oz p.471, i5 F; '03 p.346, 4 P
h Or. Referring to Leg. of Z903 amdt. to Const. Z857 art.z §35
which prohibited negroes from residing in state. Repassed in Z903
but no provision for submission. 'oz p.479, 12 F; '03 p.347, 6 F
i Or. Referring to Leg. of Z90S amdt. to Const. z8s7 art.2 by add-
ing section : right of suffrage to be extended to women. Not re-
passed in Z905. '03 p.37 (ex. sess.)
J R. L Amdg. Const. Z842 art. 5 §z: House of Representatives to
consist of 100 [formerly limited to 72] members; Leg. to [formerly
may] reapportion representation after every U. S. [formerly or state]
38-3WS ^'- Y. STATE LIBRARY INDEX OF LEGISLATION I90S
census & divide each city & town tnto representative districts; no town
or city to have more than J [formerly J] of whole nimibcr of mem-
bers. Rejected Nov. 1905. '04 r. i, 13 Ap; '05 ch.z2i2, 14 P
38 Officers. Departments
BY HELEN^ PAGE BATES Ph.D.
Departments of agriculture are classified under Agriculture, departments of
education under Education, etc.
a Ct. Appointment & salary of deputy to Sec, Treasurer & Compt.
Rep. G.L.'o2 §144, '03 ch.144. 3§ '05 ch.243, 19 Jl
b Ct. Amdg. G.S.'o2 §82: Gov. to fill vacancy, while Gen. Assembly
not in session, in office filled by Gen. Assembly till successor qualifies.
i§ '05 ch.262, 19 Jl
c N. D. Fixing amount for clerk hire to be allowed various state
offices; salary of chief deputy $1800; clerical appointments to be
approved by Gov.; monthly payments. 2§ '05 ch. 18, 14 Mr
d R. I. Filling of certain vacancies for unexpired term by Leg.
when resignation to take effect before succeeding Leg. 2§
'05 ch.X248, II My
38(1 Civil service examination
a 111. Civil service code. 37 § *oS p.113, 11 My
b Wis. Civil service law. 33! 'oS ch.363, 14 Jo
38(3 Oath. Installation
a If. D. Amdg. R.C.*99 §354 rel. to time when officers shall qualify.
2§ *o5 ch.140, 13 Mr
38(4 Bonds. Sureties
a Ct. Amdg. G.S.'o2 §87, 4797-98; '03 ch.141 §9 rel. to bonds of
state officers. 4§ *o5 ch.23, 2 My
b Mich. State to pay for bond required of state officer, i §
*oSch.3ii. 17 Je
c Neb. Amdg. C.S.'o3 §8089 rel. to bonds of state & local officers.
3§ 'oS ch.io, 9 P
d Ifeb. Amdg. Ann. S. '03 §9017: incorporated surety co. may
serve on bond of public officer during successive terms. 3§
*o5 ch.ii, 25 Mr
e N. M. Official bonds to be filed with Sec. of Territory; transfer
from other offices. 2§ *o5 ch.S9, ^4 Mr
f N. M. "An act to provide for furnishing proper bonds by territorial
& county officials." 3§ '05 ch.io6, 16 Mr
h U. Approval & custody of bonds to the state. i§ *o5 ch.35 4 Mr
i Wash. Premium on bond of treasurer of state, county or ist-3d
class city to be paid by gov't. i§ '05 ch.S2, 2 Mr
J W. Va. Amdg. C. ch.io §21 rel. to relief of surety on official bond.
i§ 'osch. 54, 17F
38(5 Preference of veterans
a Mass. Amdg. R.L. ch.19 §23: Civil War veteran in public service
not to be lowered tn rank or compensation except after hearing on
charges. i§ '05 ch.150, 9 Mr
CONSTITUTIONAL LAW STATE DEPARTMENTS
38(7 Reports
a Hon. State & state institutional officials, except educational
officer, to make semiannual report; penalty. 3§ 'o5ch.56,aMr
38(8 Salaries. Fees
a Cal. Submitting amdt. to Const. 1879 &rt'5 i^9' salary of Gov.
$10,000 [$6000]; Atty. Gen. $6000 [$3000]; Sec. of State, Compt.,-
Treasurer & Surveyor Gen. $5000 [$3000]; clerk not to exceed $1800
[$1600]. Vote Nov. 1906. i§ *o5 p.1073 10 Mr
b Cal. State officer shall not retain official fee for own use. Adds
P.C. §1033. i5 '05 ch.229, 18 Mr
c CaL Amdg. P.C. §418-19, 456, 485: salaries; Deputy Sec. of State
& State Treasurer $700 [$400]; bookkeeper $2400 [$2000]; Deputy
Surveyor Gen. $2700 [$2400]. 4§ '05 ch.580, aa Mr
d Ct Joint leg. committee of 3 to investigate compensation of
state officers & employees in Capitol; report to present Leg. 4§
*o5 special acts ch.i3S, 19 Ap
e Kan. Authorizing appointment & fixing salaries of clerks in ex-
ecutive & judicial dep'tsof state. Amds. G.S.'oi §6081 &rep. §463,
190S, 6083-84, 6800. 26§ 'oS ch.488, 9 Mr
f Me. Amdg. R.S,'o3 ch.zi6 §11 Ifi as to fees of Executive Council
at extra sessions. i§ '05 ch.53, 15 Mr
g Me. Compensation of member of examining bds of medicine, den-
tistry, pharmacy, embalming & law $5 a day up to amount of
exam. fees. i5 '05 ch.S4, 15 Mr
h Me. *'An act rel. to compensation of trustees, visiting committees
& Bd of Cattle Com 'rs." i5 '05 ch.65, 15 Mr
i Me. Salary of Sec. of State $3500; Insurance ComV $1800; deputy
$1200; Bank Examiner $2500; clerk of State Assessors $1200. 5§
*o5 ch.iS9, 34 Mr
j If. H. Compensation of member of Gov's, cotmcil $8 [$3] a day.
Rep. P.S. ch.286 §21. 2§ *o5 ch.iio, 10 Mr
k If. J. Civil War veteran 40 yrs in public service may retire on
half pay. 3§ '05 ch.92, 3 Ap
m If. J. Rep. *79 ch.204 rel. to official fees & accountings for same.
i§ *o5 ch.109, 6 Ap
n Or. Salaries of certain state officers ; fees to be paid into treasury.
6§ '05 ch.68, II F
p Vt. Amdg. *o2 ch.153 §9: every salaried state officer [county clerk]
to report amount received by him or his clerk in fees. i§
'04 ch.i68, I D
q Wash. "An act relating to fees of state & county officers, wit-
nesses & jurors" imposing ad valorem tax on estates in form of pro-
bate clerk fees. '03 ch. 1 5 1 , 16 Mr; rep. '93 ch. 130. Unconst. Extraor-
dinary tax in addition to tmiform tax allowed by Const.; subject not
included in title. State v. Case 81 P. 554 (1905).
38(9 Tenure of office. Discipline
a Fla. Prohibiting acceptance of rewards by public officer; police
officers may accept reward for taking criminal. 4§ '05 ch. 45, 34 My
38(9-49 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
b Mass. Amdg. '04 ch.314 §a : employee under civil service may be
stimmarily stispended for 30 days pending further action. i§
'05 ch.a43, 30 Mr
c N. H. Amdg. '03 ch.92 §z: state & county offices may be closed
on legal holidays & Sat. afternoon. 2§ '05 ch.39, z Mr
d N. M. Amdg. '03 ch.57 §2: Gov, may remove territorial or county
officer becoming surety. i§ '05 ch.85, iS Mr
e O. Amdg. Const. 1851 by adding art. 17: Leg. to fix even year
terms of administrative & judicial officers within certain limits.
Adopted Nov. 1905. '04 p.640, 18 Mr
f R. I. Gov. may remove notary, com'r of deeds or justice of peace
on giving copy of charges & opporttmity to be heard. Adds G.L. ch.a4
§11. i§ '05 ch.iaao, 13 Ap
g Wy. Gov. may remove appointive state officer or com'r for cause
filed with Sec. of State & open to inspection of party interested. 3§
'05 ch.59, 20 P
40 Governor
5m also 78a, Executive mansion; 85a, Governor's contingent fund
43 Salary
a Del. Amdg. '98 ch.51: salary of Gov. $4000 [$2000]. z§
'05 ch.6i, 16 Mt
b Fla. Salary of Gov. $5000. 2§ '05 ch.102, 31 My
c Me. Amdg. R.S.'o3 ch.ii6 §z:salary of Gov. ^jooo [$2000]. i§
'05 ch.56, z5 Mr
44 Secretary. Clerks. Employees
a Nev. Salary private sec. to Gov. $z8oo. 2§ '05 ch.57, Z3 Mr
b Or. Gov. may employ agents to collect evidence in action in which
state is interested or for apprehension of criminal. 3§
*o5 ch.49, ^o P
45 Veto
a Wis. Referring to Leg. of Z907 amdt. to Const. Z848 art.5 §zo:
bills not returned by Gov. within 6 [3] days to become law; proviso.
'05 p.994
48 Lieutenant governor
a Cal. Submitting amdt. to Const. Z879 ^^-5 I'St ^9 ^1- ^^ salary &
duties of Lieut. Gov. Vote Nov. Z906. 2§ '05 p.zo7o, zo Mr
49 Secretary of state
a Ct. Salary of zst assistant clerk to Sec. of State, $z6oo. z§
'05 ch.279. Z9 Jl
b Del. Salary of Sec. of State $4000, in lieu of fees.[^Rep.'98 ch.54, '99
ch.z66 §z8, 'oz ch.zs §z8. 6§ ^ '05 ch.62, 3 Ap
c Mon. Amdg. P.C. §4zo rel. to fees of Sec. of State. 2§
'OS ch.74p 3 Mr
d Nev. Sec. of State may employ stenographer; salary $900. z§
*oS ch.zs, 21 F
e N. C. Amdg. C §3724: Sec. of State allowed $J200 [$zooo] annually
for clerical assistance. z§ 'oS ch.S49» 6 Mr
b
Del.
$1000.
c
Ga.
d
Me.
Gen.":
cases.
CONSTITUTIONAL LAW STATB DEPARTMENTS 40*55
f ' R/l. $200 annually for additional clerical assistance to Sec. of
* State. i§ '05 ch.ia54, 11 My
g U. Sec. of State to give $25,000 bond. i§ '0$ ch.14, 23 P
h U. Amdg. R.S.'qS §965 rel. to fees of Sec. of State. i§
'05 ch.127, 16 Mr
i'JW Wis. Amdg. S.'pS §170: provision for additional clerical force in
office of Secretary of State to take census. 2§ '05 ch.6o, 8 ^
50 Attorney general
a Col. Salary ot Atty. Gen. $5000; appointment of deputy. i§
'05 ch.76, 10 Ap
Salary of Atty. Gen. $2500; appointment of deputy, at salary
3§ 'oS ch.63, 22 Mr
Salary of Atty. Gen. $3000. '05 p.94, 22 Ag
"An act enlarging duties & fixing compensation of Atty.
to advise county attys. & assist them in treason & murder
8§ *o5 ch.162, 24 Mr
. ''An act to authorize certain advances to Atty. Gen. from
treasury of commonwealth." Amds. R.L. ch.6 §35. i§
'05 ch.369, 4 My
f Minn. Powers & duties of Atty. Gen.; salary $4800; assistants.
io§ '05 ch.227. 17 Ap
g Mo. Appointment, duties & compensation of 2 deputy Atty. Gen.
& chief clerk. 3§ '05 p. 50, 21 P
h Heb. Amdg. C.S.'o3 §819: official bond of deputy Atty. Gen.
$10,000. 2§ '05 ch.i2, I Ap
i Nev. Atty. Gen. to appoint stenographer; salary $75 a mo. 2§
^4 '05 ch.s, 9 P
J Pa. Salaries of Atty. Gen., deputy & clerical assistants. 3§
pt '05 ch.237, 4 My
k Tenn. Atty. Gen. & reporter may appoint assistant at $2000
salary, also 2d assistant without salary. 3§ '05 ch.500, 17 Ap
m Vt. Creating office of Atty. Gen. ; biennial report to Leg. Rep. S.
§289. io§ '04 ch.57, 18 N; '04 ch.58, 10 D
55 State examiner
a Cal. Amdg. P.C. §684-85 rel. to salaries of clerical assistants to
sec. of State Bd of Examiners. 2§ '05 ch.io, 1$ P
b H. D. Amdg. R.C.'99 §145: State Examiner may appoint 2
additional deputies at $1800. i} 'o5ch.i7o,25P
c H. D. Amdg. R.C. '99 §146: official bond of deputy to State
Examiner, $5000, to be approved by Gov. i§ '05 ch.169, 7 Mr
d S. D. Amdg. P.C. §118: salary of Public Examiner $1800 [$1500],
& necessary expenses [not exceeding $750]. Ǥ '05 ch. 148, 8 Mr
e Vt Amdg. S. §291 rel. to appointment of Inspector of Finance. 3§
'04 ch.2o, 2D
Parmanent boards
57 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
57 Officers and departments created, abolished or reorganized
Courts and coiirt officers not included
The entries under this head are alsu duplicated under the special subjects to which
they pertain. They are grouped here primarily for the use of the document
libxanan and the student of state administration.
a Ari. Creating office of Public Examiner to be appointed for a yxs
by Gov. & Council at $2400 salary; to enforce unifonn S3rstem of
county accounts; annual report to Gov. Rep. Pen.C. §816. 9}
'05 ch.40, 16 Mr
ax Ari. Creating Territorial Fair Com'n to consist of 3 members ap-
pointed by Gov. for 2 yrs; compensation; to establish & manage
annual fair; $7500 annual appropriation. 9§ '05 ch.64, x6 Mr
aa Cal. Creating State Bd of Forestry to consist of Gov., Sec. of
State, Atty. Gen. & State Forester appointed by Gov.; annual
report of State Forester to Gov. . '05 ch.264, 18 Mr
as Cal. Creating Bureau of Criminal Identification in charge of
director appointed by State Bd of Prison Directors at $1800 salary.
'oS ch.399, ao Mr
a4 Cal. Creating Bureau of Building & Loan Supervision [replacing
Bd of Com'rs of Loan Ass'ns created by '93 ch.i88]; to consist of
2 com'rs appointed by Gov. for 4 yrs at salary, $2400 each; annual
report to Gov. '05 ch.504, 21 Mr
a5 • CoL Creating State Bd of Voting Machine Com'rs to consist of-
3 members appointed by Gov. for 5 yrs. 24! '05 ch.ioi, 10 Ap
a6 Col. Creating State Bd of Nurse Examiners to consist of 5 mem-
bers appointed by Gov. for 5 yrs; biennial report to Gov. 8§
'05 ch.136, II Ap
a7 Ct. Creating Bd of Exam. & Registration of Nurses, to consist of
S members appointed by Gov. for 3 yrs. '05 ch.120, 6 Je
a8 Ct. Creating State Bd of Veterinary Registration & Exam., to
consist of 5 members appointed by Gov. for 5 yrs. 8§
•o5ch.i83,29 Jc
b Ct State Forester to tc State Forest Fire Warden; apprintmcnt of
local fire wardens. Amds. G.S.'o2 §1218, 1222, 1237. ii§
'05 ch.238. 13 Jl
bx DcL Creating Division of Public Records to consist of 6 members
appointed for 2 yrs by Gov. from patriotic & historical soc. : biennial
report to Gov. 5§ '05 ch.77, 16 Mr
b2 Del. Creating Bd of State Supplies to consist of Gov., Sec. of
State & State Treasurer. '05 ch.82, 23 Mr
b3 Del. Abolishing State Highway Com *n created by '03 ch.380; ap-
pointment by Gov. & Senate of New Castle Coimty State Highway
Com'r for 4 yrs at $1000 salary. i4§ '05 ch.139, 30 Mr
b4 Del. Creating office of Factory & Workshop Inspector to be
appointed for 2 yrs by Gov. & Senate at $1000 salary: to enforce
child labor law. 9§ '05 ch.123, 18 Ap
b5 Fla. Amdg. R.S. '92 §801-2, 805, 810: creating State Bd of
Medical Examiners to consist of 7 members of regular medical school
[replacing bds of examiners for each judicial circuit] appointed by
CONSTITUTIONAL LAW STATE DEPARTMENTS
Permanent boards
57
Gov.; State Bd of Homeopathic Medical Examiners continued. 4§
'oS ch.55, IS My
b6 Fla. Creating Bd of Drainage Com'rs to consist of Gov., Compt.,
State Treasurer & Com'r of Agric; to establish system of canals,
drains, reservoirs etc. to reclaim swamp & overflowed lands. 4§
'05 ch.6, 27 My
b7 Fla. Creating Bd of Control of State Educational Inst . ; Univ.
of Fla., Fla. Female College, Colored Normal School Institute for
Blind, Deaf & Dumb; to consist of 5 members appointed by Gov.
for 4 yrs to act under supervision of State Bd of Education ; biennial
report to Leg. Amds. R.S.'92 §269-71, 277 & rep. sundry laws. 40 J
'05 ch.x3, 5 Je
b8 Fla. Creating State Bd of Accountancy to consist of 3 members
appointed by Gov. for 3 yrs; annual report to Gov. 9§
•05 ch.S4. S Je
CI Fla. Rep. R.S.'92 §457-67 which provided for -appointment &
compensation, & defined powers & duties of State Com'rs of Fisheries.
i§ 'OS ch.59
C2 Id. Creating State Live Stock Sanitary Bd of 7 members to be
appointed by Gov. for 2 yrs; provision for appointment of State Vet-
erinary Surgeon, also of district inspectors; annual report of bd to
Gov. 39 § '05 p. 39, 6 Mr
C3 Id. State Horticultural Inspector to be State Bee Inspector; ap-
pointment of district inspectors ; annual report by former to Gov. 13!
'05 p. 170, 6 Mr
C4 Id. State Horticultural Inspector to be State Inspector & Sealer
of Weights & Measures. '05 p. 3 64, 6 Mr
c5 Id. Creating State Bd of Pharmacy to consist of 3 members ap-
pointed by Gov. for 3 yrs; annual report to Gov. '05 p. 3 19, 7 Mr
c6 Id. State Insurance Com'r to be State Examiner; to enforce uni-
form system of bookkeeping by state & county officers ; annual report
to Gov. 2o§ 'oS p. 386, 7 Mr
C7 IlL Creating State Civil Service Com'n to consist of 3 members to
be appointed for 6 yrs by Gov. & Senate; salary $3000 each; annual
report to Gov. 37§ ,, '05 p. 113, 11 My
c8 HI. Creating State Geological Surv'ey to be connected with Univer-
sity of 111. ; State Geological Com'n consisting of president of univ.,
Gov. & I appointee, to have supervision; appointment of director;
annual report to Gov.; $25,000. '05 p. 30, 12 My
d 111. Creating State Highway Com'n to conj-ist of 3 members ap-
printed for 2 yrs by Gov. & Senate: to investigate methods of road
building & advise local divisions in relation thereto; annual report to
Gov.; $2S,ooo annual appropriation. 7§ '05 p.74, 18 My
di Ind. Creating Stale Bd of Exam. & Rcgi.stration of Nurses to
consist of 3 members appointed by Gov. for 3 yrs. io§
'05 ch. 46, 27 F
d2 Ind. Creating State Railroad Com'n of 3 meml^ers to be appointed
by Gov. for 4 yrs at salary of $4000 each ; to regulate frticjht & passen-
ger rates & service. 2S§ '05 ch.53, 28 F
Permanent boards
57 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
d3 Ind. Creating State Bd of Veterinary Medical Examiners to con-
sist of 4 members appointed by Gov. for 4 yrs ; annual report to Gov. &
State Veterinary Medical Ass'n. Rep. '03 ch.239. i7§
*o5 ch.98, 4 Mr
d4 Kan. Abolishing Bd of Examiners of Barbers created by '03 ch.70.
'05 ch.70. 25 F
d5 Kan. State Architect to be appointed by Gov. [Bd of Public Works]
for 2 yrs at $2500 salary. Rep. G.S.'oi §6701-3. 8§
'05 ch.489, I Mr
d6 Kan. Rev. G.S.'oi ch. 99 art. i . creating State Bd of Control of
State Charitable Inst, to consist of 3 members appointed for 4
yrs by Gov. & Senate ; salary $2500 ; abolishing Bd of Trustees of State
Charities & Corrections; annual report to Gov., biennial, to Leg. 54§
'05 ch.475, 4 Mr
d7 Kan. Rev. G.S.'oi §7421, 7423, 7428-57: creating office of State
Live Stock Sanitary Com'r to be appointed by Gov. for 2 yrs at $2500
salary; abolishing Live Stock Sanitary Com'n; annual report to Gov.
32§ 'OS ch.495, 4 Mr
d8 Me. Creating State Bd of Veterinary Examiners to consist of 3
members appointed by Gov. for 3 yrs; annual report to Gov.
'05 ch.17, 22 F
c Mass. Creating Bd of Registration in Embalming to consist of 3
members appointed for 3 yrs by Gov. & Council; annual report to
Gov. io§ '05 ch.473. 26 My
ex Mich. Creating Mich. Free Employment Bureaus in cities of
50,000; Com'r of Labor to direct & organize same. 3§
•05 ch.37, 3Q Mr
62 Mich. Creating Bd of Accountancy to consist of 3 members ap-
pointed by Gov. for 3 yrs; annual report to Gov. '05 ch.92, 4 My
C3 Mich. Crea'.ing office of Pathologist of State Asylums for Insane
& Associate Professor of Neural Pathology, at State Univ.; to
be appointed by joint bd of trustees of state hospitals with bd of re-
gents ; to conduct clinical laboratory for research to determine causes
& prevention of insanity; $19,000 for equipment; $5000 annual appro-
priation for salaries; annual report of Pathologist to Gov. 9§
'05 ch.140, 25 My
64 Mich. Creating State Highway Dep't: chief officer to be known as
State Highway Com'r to be appointed for 4 yrs by Gov. and Senate
at salary, $2500; appcintment of deputy; biinnial report to Gov. 1 7§
•05 ch.146, I Je
es Mich. Creating State Bd of Equalization to consist of Lieut. Gov.,
Auditor Gen., Sec. of State, State Treasurer, & Com'r of State Land
Office; to equalize assmts. on taxable property every 5 yrs.
'05 ch.248, 16 Je
e6 Mich. Bd of Com'rs, consisting of Com'r of State Banking Dep't,
Atty. Gen. & State Treasurer, to pass on securities for savings bank
investment. Adds '87 ch.205 §67. 3§ '05 ch.262, 16 Je
e7 Mich. Bd of State Tax Com'rs to constitute State Bd of Assessors
for assmt. of property of transportation co. 21 § '05 ch.2S2, 16 Je
e8 Minn. Creating State Highway Com'n to consist of 3 members ap-
pointed by Gov. for 3 yrs; appointment of State Engineer at $1800;
annual report to Gov. ; $6000 annual appropriation. '05 ch.163, 13 Ap
Permanent boards
CONSTITUTIONAL LAW STATE DEPARTMENTS 57
eg Minn. Rev.'pQ ch.315: creating State Voting Machine Com *n to
consist of Gov. & Atty. Gen. & i appointee of each; term 4 yrs; to
examine & approve machines used at elections. 9§ '05 ch. 2 6 7, 18 Ap
f Minn. Minn. Soc. for Prevention of Cruelty to be State Bureau
of Child & Animal Protection on acceptance of conditions by soc. ;
Gov., Sup't of Public Instruction & Atty. Gen. to be members of bd of
directors; annual report to Sec. of State. 6§ '05 ch.274, 18 Ap
f I Minn. Com'r of Labor to establish free Public Employment Bureau
in I or more cities of 50,000, & to appoint sup't of each bureau at
$1200 salary, for 2 yrs; $1750 annual appropriation. 5§
'05 ch.316, 19 Ap
f2 Mo. Creating State Bd of Law Examiners to consist of 5 members
appointed by Supreme Court. Rep.R.S.'gp §4918-20, 4937- ii§
'05 p.48, 27 F
f3 Mo. Creating Veterinary Examining Bd to consist of State Veteri-
narian & 2 members appointed by Gov. for 2 yrs. i6§
'05 p. 209, 23 Mr
f4 Mo. Creating office of State Dairy Com'r to be "appointed for 2 yrs
by Gov. & Senate at salary, $2000; annual report to Gov. 8§
'oSp.133.8 Ap
f5 Men. Reorganizing Bureau of Child & Animal Protection [con-
sisted of Mon. Humane Soc.]: Gov. to appoint sec. at $1200
salary; appointment of deputy & clerk; biennial report by sec. to
Gov. ii§ '05 ch.96, 4 Mr
16 Heb. State Bd of Health to serve as State Registrar of Vital
Statistics; appointment of local registrars. 9§ *os ch.98, 16 F
f7 Heb. Reorganizing Bd of Dental Examiners to consist of 5 [3]
dental secretaries appointed by State Bd of Health on recommenda-
tion of 50 resident practttioners [Neb. State Dental Soc] for
5 [3] yrs; annual report by secretaries to State Bd of Health.
Rep. C.S.'o3 § 4349-62. 23§ '05 ch.96, 28 P
f8 Heb. Creating State Bd of Veterinary Medicine, to consist of Gov.,
Sec. of State, State Auditor & 3 examiners appointed by bd for
3 yrs. 9§ 'oS ch.97, 30 Mr
g Heb. Abolishing office of State Architect provided for by C.S. '03
§5976-79- i§ '05 ch. 149, 30 Mr
gi Heb. Creating State Bd of Voting Machine Com'rs, to consist of
Gov., Sec. of State, & Auditor of Public Accounts; appointment of 3
deputies and custodians to instruct in use of machines. 27§
'05 ch.67, I Ap
g2 Hev. Creating office of State License & Bullion Tax Agent to be
appointed by Gov. for 2 yrs at $2000 salary; to examine county tax
returns & inspect books of mining corp. for taxing purposes. 9§
'05 ch.127, 15 Mr
g3 Hev. Creating office of State Veterinarian to be appointed by Gov.
at $1800 salary; biennial report to Leg. i4§ '05 ch.135, 15 Mr
g4 H. J. Creatirg State Bd of Forest Park Reservation Com'rs to
consist of State Geologist, Gov. & 3 members appointed for 3 yrs by
Gov. & Senate; biennial report to Leg. i2§ '05 ch. 4 7, 22 Mr
Permanent boards
57 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
g5 H. J. Creating office of Com'r of Charities & Corrections to be
appointed for 3 yrs by Gov. & Senate at $3000 salary; annual report
to Gov. 6§ 'o5ch.57, 25Mr
g6 N. J. Abolishing State Bd of Taxation created by '03 ch.208;
creating State Bd of Equalization of Taxes to consist of counselor at
law as president at $5000 & 4 associates at $3500 appointed for 5 yrs
by Gov. & Senate; annual report to Leg. i2§ '05 ch.67, 29 Mr
g7 N. M. Creating Insurance Dep't to be in charge of Sup't of Insur-
ance appointed for 2 yrs by Gov. & Leg. Council at salary $2400;
[auditor of public accounts had supervision of insurance] ; annual re-
port to Gov. Rep.C.L.'97 §2115, 2117-20, 2122-26, 2128-35, '01 ch.
106. 31 § 'oSch.5,9F
§7 amended. '05 ch.70 14 Mr
g8 N. M. Creating office of Territorial Coal Oil Inspector to be
appointed by Gov. & Council for 2 yrs; to inspect petroleum products;
appointment of deputies; annual report by Inspector to Gov.
'05 ch. 66, 14 Mr
h N. M. Creating Bd of Osteopathy to consist of 3 members appoint-
ed by Gov. for 2 yrs. 9§ '05 ch.68, 14 Mr
hz N. M. Creating Bd of Examiners in Optometry: to consist of 3
members appointed by Gov. for 3 yrs; annual report to Gov. i6§
*o5 ch.96, 16 Mr
I12 H. M. Creating office of Territorial Irrigation Engineer to be ap-
pointed for 2 yrs by Gov. & Leg. Council at $2000 salary; Engineer
to appoint 6 division comers of irrigation together forming Bd of
Control of Irrigation; reports of com'rs to Engineer & biennial
report of latter to Gov. 42 § *o5 ch.102, 16 Mr
hj N. Y. Com'n consisting of 5 members to be appointed for S yrs by
Gov. & Senate to investigate sources & disposition of available water
supply; annual report to Leg. io§ *o5ch.723,3je
h4 N. Y, Com'n of 3 members to be appointed for 6 yrs by Gov. &
Senate at salary, $8000 each; to regulate gas and electric light rates &
supervise lighting corp; annual report to Leg. 22 § '05 ch.737, 3 Je
hs N. C. Com 'n of 5 to be appointed by Gov. for 4 yrs to have con-
trol of portion of battlefield at Appomattox Court House; $1000
toward erection of memorials. *oS ch.io, 18 Ja
h6 N. C. Rep. '9 1 ch.sss which transferred powers & duties of
Com'r of Immigration to Com'r of Agric. '05 ch.421, 4 Mr
h7 N. C. Creating State Geological Bd, to consist of Gov. & 4 mem-
bers appointed for 4 yrs by Gov. & Senate; to conduct geologic &
economic survey; appointment of State Geologist; biennial report
by bd to Leg.; $10,000 annual appropriation. 7§ '05 ch.542, 6 Mr
h8 N. D. Creating State Bd of Bar Examiners, to consist of 3 mem-
bers to be appointed by Supreme Court justices for 6 yrs; compensa-
tion; reports. 8§ '05 ch.5Q, 18 F
i N. D. Creating State Bd of Embalmers to consist of 3 members
appointed by Gov. for 4 yrs; annual report to Gov. 9§
'oSch.iii. 28 F
Permanent board b
CONSTITUTIONAL LAW STATE DEPARTMENTS 57
iz N. D. Creating Bd of Water Com'rs to consist of State Engineer
appointed by Gov. for 4 yrs at $2500 salary, & of 4 water division
com'rs appointed for 6 yrs by Gov. & Senate; provision for appoint-
ment of assistant engineer & district water masters; Engineer to
have gen. supervision of waters of state; biennial report to Gov.;
$6000 annual appropriation. 64! 05 ch.34, i Mr
i2 N. D. Creating State Inspector of Weights & Measures to be
appointed by Gov. for 2 yrs; compensation. 9§ '05 ch.194, 4 Mr
13 H. D. Creating State Banking Bd to consist of Gov., Sec. of State,
& Atty. Gen.; State Examiner to be Sup't of Banks; reports. 42 §
'05 ch.165, 6 Mr
i4 H. D. State Historical Soc. to be trustee of state ; Gov. , Auditor,
Sec. of State, Com'r of Agric. & Labor & Sup't of Public Instruction
to be directors; biennial publications; $1500 annual appropriation;
replacing State Historical Com'n provided for by R.C.'gg §152-53.
4§ '05 ch.25, 16 Mr
15 Okl. Creating Survey Com'n to consist of Gov., Atty. Gen. &sec.
of Bd. of Agric. to secure services of U. S. Geological Survey to make
topographic survey; $5000 annual appropriation. 4§
*o5 ch.35 art. I, II Mr
16 OkL Creating Bd of Embalming to consist of 3 members appointed
by Gov. for 3 jrrs. i7§ '05 ch.36 art.i, 13 Mr
i7 Or. Creating State Library Com 'n to consist of Gov. , Sup 't of Public
Instruction, president of State University & librarian of Portland
Library Ass'n; to aid in establishing libraries & operating traveling
libraries; biennial report to Leg.; $2000 annual appropriation. 6§
'05 ch.44, 9 P
i8 Pa. Creating Dep't of Public Printing & Binding to be in charge
of Sup't of Public Printing & Binding appointed for 4 yrs by Gov. &
Senate at $3000 salary; annual report to Gov. 42 § '05 ch.i, 7 P
i9 Pa. Creating Dep't of Health to consist of Com'r of Health to be
appointed for 4 yrs by Gov. & Senate at $10,000 salary together with
Advisory Bd of 6 appointed for 4 yrs by Gov. & Senate ; division of
state into health districts & appointment of officers ; annual report of
com'r to Gov. '05 ch.218, 27 Ap
j Pa. State Bd of Health & Vital Statistics to establish Central
Bureau of Vital Statistics & appoint State Registrar of Vital Statistics
[sec. of Bd of Health & Vital Statistics] for 4 yrs at $2500 salary;
appointment of local registrars for registration districts ; reports.
'05 ch.22i, I My
jx Pa. Creating Dep't of State Police to be in charge of Sup't of State
Police appointed for 4 yrs by Gov. & Senate at $3000 salary; Sup't to
appoint State Police Force consisting of 4 platoons; organization &
equipment. 7§ '05 ch. 2 2 7, 2 My
J2 Pa. Creating State Water Supply Com'n to consist of Com'r of
Health, Com'r of Forestry & 3 members appointed for 4 yrs by Gov. &
Senate at salary, $3000 each; com'n to appoint engineer at $2500
salary; annual report of com'n to Gov. 9§ '05 ch.236, 4 My
Penaanent boards
57 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
J3 Pa. Creating State Armory Bd to consist of Adjutant Gen., Gov.
& s appointees; annual report to be included in that of Adjutant Gen.
ii§ '05 ch.307, II M.y
J4 S. D. Sec. of State Historical Soc. to be State Librarian. 4§
'05 cli.164, 16 P
J5 S. D. Creating State Live Stock Com 'n to consist of 5 members
appointed by Gov. for 5 yrs ; State Veterinarian to be executive officer ;
appointment of deputy veterinarians & county cattle inspectors;
creation of fund. '05 ch. 133, 24 P
j6 S. D. Creating State Farmers Institute Bd to consist of president
of Agricultural College & 2 members of State Bd of Regents; $5000
annual appropriation. '05 ch.iio, 3 Mr
J7 S. D. Creating Bd of Water Com'rs consisting of State Engineer
& 3 water division com'rs to have supervision of apportionment of
state waters. 61 § '05 ch. 132, 3 Mr
j8 S. D. Entomologist of State Experiment Station to be State En-
tomologist: to prevent spread of insect pests & plant diseases.
*o5 ch.131, 6 Mr
k Tenn. Creating State Bd of Veterinary Medical Examiners to
consist of 4 members appointed by Gov. for 4 yrs. '05 ch.76, 2 P
kz Tenn. Creating State Bd of Osteopathic Registration & Exam, to
consist of s members appointed by Gov. for 5 yrs. Rep. '99 ch.394.
7§ '05 ch.255, II Ap
k2 Tenn. Creating Dep't of Game, Fish & Forestry: Gov. to appoint
State Warden of Game, Fish & Forestry for 8 yrs; biennial report to
Leg. by warden; appointment of county, deputy & special wardens;
abolishing offices of game wardens appointed by '03 ch.169. 9§
'05 ch.4S5, 15 Ap
k3 Tenn. Creating State Bd of Entomology to consist of Com'r of
Agric. & State Entomologist & Plant Pathologist appointed by Com'r
with approval of Gov. ; annual report by Pathologist to Gov. ; $2000
annual appropriation. *o5 ch.466, 17 Ap
k4 U. Reorganizing State Bd of Sheep Com'rs created by '03 ch.42:
to consist of J [5] members appointed for 4 [2] yrs by Gov. & Senate,
salary $500 each; abolishing office of State Sheep Inspector; annual
report by bd to Gov. Rep. '03 ch.42. '05 ch.26, i Mr
k5 U. Creating State Bd of Park Com'rs to consist of Gov. & 2 mem-
bers appointed for 4 yrs by Gov. & Senate ; act to take effect on grant-
ing of certain land to state by Congress ; $2000 annual appropriation.
6§ '05 ch.34, 4 Mr
k6 U. Creating Armory Bd for National Guard to consist of Gov.,
Sec. of State, Adjutant Gen. & Brigadier Gen.; $10,000 annual appro-
priation. *o5 ch.43, 8 Mr
k7 U. Abolishing Utah Silk Com'n created by '96 ch.92.
'05 ch.59, 9 Mr
k8 U. Creating State Com'n on Voting Machines to consist of Gov.,
Sec. of State & Atty. Gen. ; to examine & approve machines used at
elections. 2o§ '05 ch.85, 9 Mr
m Vt Creating office of Atty. Gen. to be elected for 2 yrs at $2500
salary; biennial report to Leg. Rep.S.§289. io§ '04 ch.57, 18 N
Permaflent boards
CONSTITUTIONAL LAW STATE DEPARTMENTS 57
mi Vt. State Fish & Game ComW [2] to be appointed for 2 [4] yrs by
Gov. & Senate at $1000 salary; annual appointment of county fish
& game wardens; to direct management of State Fish Hatcheries, &
propagation of fish & game; $5000 annual appropriation. Rep. '00
ch.128, 129 §1-3. ii§ *04 ch.118, 7 D
in2 Vt. Creating State Bd of Osteopathic Exam. & Registration to
consist of 3 members appointed by Gov. for 3 yrs. 13 §
'04ch.i34, 7 D
in3 Vt. Bd of trustees, consisting of Gov., Lieut. Gov. & State Treas-
urer to have supervision of investment of permanent school fund ; Bd
of Com'rs, consisting of Gov., Sup't of Education & State Treasurer
to direct distribution of same. 8§ '04 ch.42, 9 D
ni4 Vt Creating State Bd of Medical Registration to consist of 7
members appointed for 6 yrs by Gov. on nomination of 3 medical soc,
of different schools of practice. Rep.S. §4630-40. i5§ '04 ch.133, 9 D
ms Wash. Com'n of 3 to be appointed by Gov. as Bd for Promotion of
Uniformity of Legislation in U. S. ; biennial report to Leg. 4§
'05 ch.59, 3 Mr
in6 Wash. Creating State Railroad Com'n to consist of 3 rrenbers ap-
pointed by Gov. for 6 yrs ; salary $4000 each ; annual reports to Gov
27§ '05 ch.8i, 7 Mr'
XDTj Wash. Creating State Bd of Tax Com'rs to consist of 3 members
appointed for 4 yrs by Gov. & Senate; salary $3000 each; to supervise
taxation throughout state & recommend modification of revenue laws ;
biennial report to Gov. 6§ '05 ch.115, 9 Mr
m8 Wash. Creating office of State Oil Inspector to be appointed for
4 yrs by Gov. & Senate: salary $1800; to test quality of petroleum
products used for illuminating purposes; appointment of deputies;
annual reports to Gov. io§ '05 ch. 161, 11 Mr
1119 Wash. Creating State Bd of Forest Com'rs to consist of State Land '
Com'r & 4 appointees of Gov.; term 4 yrs; to supervise forest pro-
tection; appointment of State Fire Warden & Forester at $1500
salary, also of deputy fire wardens and forest rangers. Rep. '03
ch.114. i4§ '05 ch. 164, II Mr
n Wash. Creating office of Public Printer to be appointed by Gov. ;
compensation. 8§ '05 ch.i68, 11 Mr
ni Wash. Creating State Highway Bd to consist of State Auditor,
State Treasurer and State Highway Com'r; latter appointed by Gov.
for 2 yrs at $2500 salary; to survey & construct certain state roads;
appropriation; biennial report by Com'r to Leg. Rep. '05 ch.7
§1-6, 8. i2| '05 ch. 1 74, 13 Mr
n2 W. Va. Creating State Armory Com'n to consist of Gov., com-
manding brigade officer. Assistant Adjutant Gen., and senior National
Guard officer in coimty erecting armory. Adding C. ch.i8 §iooa.
'05 ch.47, 3 F
n3 W. Va. Creating Capon Springs Com'n to consist of 3 members
appointed by Gov. to have management & control of mineral springs
property around Capon Springs or Watsontown. Amdg. '73 ch.97.
'05 ch.65, 15 F
Pemuuient boards
57 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
114 W. Va. Creating State Bureau of Archives & History to be in
charge of State Historian & Archivist to be appointed by Gov.
for 4 yrs; compensation; annual report to Gov.; State Bd of Public
Works to have supervision; appropriation. 5§ *o5ch.64,i8F
115 W. Va. Creating Dep't of Mines to be in charge of Chief Mine In-
spector to be appointed by Gov. & Senate for 4 yrs; salary, $1800; ap-
pointment of 7 district mine inspectors; annual report by Chief to
Gov. Rep. *90 ch.9 §4, '01 ch.io6 §1. 5§ '05 ch. 46, 24 F
n6 Wis. Creating State Grain & Warehouse Com'n to consist of 3
members appointed by Gov. for i yr at $100 each a mo.; to in-
spect & grade grain received for milling or storage in elevators
or warehouses of city of Superior & to regulate licensing of ware-
housemen. s6§ '05 ch. 19, 20 Mr
117 Wis. Committee, consisting of State Sup't of Public Instruction,
Sec. of Wis. Free Library Com*n & Atty. Gen., to award contracts
for supplying books to schools under township library law. 7§
'05 ch.243, 24 My
n8 Wis. Creating State Bd of Forestry to consist of president of
State Univ., director of State Geological Survey, dean of State
Agricultural Dep't, Atty. Gen. & i appointee of Gov. ; replacing bd
of State Forest Com'rs created by '93 ch.4So; appointment of State
Forester at $2500 by bd ; annual report to bd, also by bd to Gov, 24§
'05 ch.264, 25 My
p Wis, Creating State Railroad Com'n to consist of 3 members
appointed for 6 yrs by Gov. & Senate at $5000 salary each; abolishing
office of State Railroad Com'r. Rep. S. '98 §128, 1793, 1803.
'05 ch.362, 13 Je
pi Wis. Creating State Civil Service Com'n to consist of 3 members
appointed for 6 yrs by Gov. & Senate; salaries; biennial report to
Gov. 'oS ch.363, 14 Je
p2 Wis. Creating State Tax Com'n to consist of 3 members to be
appointed for 8 yrs by Gov. & Senate at $5000 salary each ; abolishing
office of State Tax Com'r & 2 assistant tax com'rs; com'n to constitute
State Bd of Assmt. for Taxation of Railroad Properties; biennial
report to Gov. Rep. by implication '99 ch.206, '01 ch. 237.
'osch.380. IS Je
P3 Wis. Creating office of Treasury Agent to be appointed by Gov.
for 2 yrs ; compensation ; to collect license fees from transient mer-
chants etc. ; appointment of special treasury agents. Rep.S. 98
ch.67, '01 ch.341, '03 ch.393. 25§ 'oS ch.490, 2oJe
p4 Wy. Creating office of Com'r of Public Lands to be appointed
for 2 yrs by Gov. & Senate at $2000 salary; abolishing offices of Regis-
ter, Chief Clerk & State Land Inspector of State Bds of Land Com'rs;
biennial report to Leg. Rep.R.S.'99 §788-91, 938, 952; '03 ch.78
§6-8, 10. ii§ '05 ch.36, IS F
P5 Wy. Creating Bd of State Fair Com'rs to consist of S members
appointed for 4 yrs by Gov. & Senate; to maintain annual State
Fair at Douglas. i4§ '05 ch.48, 18 F
Temporary boards
CONSTITUTIONAL LAW STATE DEPARTMENTS 57-58
p6 Wy. Creating office of State Dairy, Food & Oil Com*r to be ap-
pointed for 2 yrs by Gov. & Senate, at $1200 salary; annual report to
Gov. 8§ '05 ch.49, 18 F
P7 Wy, Creating State Bd of Horticulture to consist of professor
of botany & zoology of State Univ. , Gov. & 4 appointees selected
from 4 horticultural districts for 4 yrs ; appointment of district inspec-
tors of fruit pests; biennial report to Leg. '05 ch,5o, 18 F
p8 Wy. State Bd of Charities & Reform to constitute State Bd of
Pardons; term 4 yrs; sec. of bd to report annually to Gov. 4§
*oS ch.56, 20 F
q Wy. Provision for establishing Bureau of Mining Statistics by
State Geologist; annual report by latter to Gov. 6§ '05 ch.92, 21 F
58 Temporary boards and officers
The entries under this head are also duplicated under the special subjects to
which they pertain. They are grouped here primarily for the use of the document
librarian and the student of state administration. See aho 59. Special investigations
a Col. Com'n of 3 to be appointed by Gov. to prepare state exhibit
for Lewis & Clark Exposition; $15,000. 4§ '05 ch.26, 10 Ap
ai Col. Designating bd of 3 members to erect monument to Civil
War veterans on Capitol grounds; $15,000. . '05 ch.27, 8 Ap
B.2 Ct, Reenacting '93 ch. 3 which established Com'n for Promotion
of Uniform Legislation in U.S. 4§ '05 ch.182, 29 Je
a3 Ct. Temporary examiner of public records to be appointed for 2
yrs by Gov. & Senate at $2000 salary; to compile certain town records
* report to Gov. by May, 1907. 5§ '05 ch.221, 6 Jl
Amended. '05 ch.237, 13 Jl
a4 Ct. Designating 5 comVs to erect memorial to sufferers in Ander-
sonville Military Prison; $6000. 4§ '05 special acts ch.429, 6 Jl
as Ct. Com'n consisting of Adjutant Gen., Gov. & 3 appointees to
take charge of lands acquired as addition to Capitol grounds & to
grade same, also to secure plans for erection of State Arsenal thereon;
report to Leg. of 1907; $30,000. 7§ '05 special acts ch. 431, 13 Jl
a6 Ct. Com 'n of 3 to be appointed by Gov. to report on state exhibit
for Jamestown Exposition; $26,000. 3§ '05 special acts ch.451, 18 Jl
a7 Ct. Com'n consisting of Atty. Gen., Gov. & i appointee to confer
with similar Mass. com'n rel. to relocating & marking boundary line
between states; $7000. 3§ '05 special acts ch.469, 18 Jl
a8 Del. Com*rs named to draw up compact with N. J. com'rs rel. to
boundary line in Delaware river & bay. i§ '05 ch.216, 13 F
b DeL Designating 3 com'rs to draft with N. J. com'n uniform law
for fishing in Delaware river & bay & to mark boundary as fixed by
compact; report to Leg. of 1907; $1500. 3§ '05 ch.6, 23 Mr
bi DeL Committee named for erecting monument at Fort Oplandt
near Lewes, ist colonial settlement; $500. i§ '05 ch.17, 30 Mr
b3 Del. Extending for 2 yrs term of State Bd of Immigration
Com'rs appointed by '03 ch.333. 2§ '05 ch.8i, 20 Ap
remporary boards
j8 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
b3 Fla. Com'n of 5 members to be appointed by Gov. to prepare state
exhibit & building for Jamestown Exposition; report to Leg. of 1907.
S§ *o5 ch.71, 29 My
b4 Fla. Com'n consisting of Compt.,Gov. '& 3 appointees to acquire
site & erect Gov.'s mansion; $25,000 conditional appropriation. 5§
'05 ch.ioi, 29 My
b5 Fla. Com 'n of 7 to be appointed by Gov. to select site for perma-
nent camp for state miKtia; report to Leg. of 1907. 3§
'05 ch.96, 5 Je
b6 Id. Com'n consisting of Capitol Building Bd & 2 appointees of bd
to plan rebuilding of Capitol; expenditure limited to $350,000. i6§
'05 p.iSS, 3 Mr
b7 Id. State Intermountain Wagon Road Com'n to be appointed, con-
sisting of Gov. & 2 appointees, to aid in developing mining section;
$50,000 loan. 28§ '05 p. 206, 8 Mr
b8 lU. Com'n of 7 to be appointed by Gov. to prepare state exhibit
for Lewis & Clark Exposition in 1905; $25,000. 5§ '05 p.23, 17 Mr
c 111. Com'n of 7 to be appointed by Gov. to prepare state exhibit
for Jamestown Exposition; $25,000. 5§ '05 p.21, 18 My
CI Kan. Com'n of 3 to be appointed by Gov. to procure site & erect
state printing plant; $32,000. 8§ '05 ch.476, loF
C3 Mass. Committee of 3 to be appointed by Gov. & Council to con-
sider erection of memorial to George Frisbie Hoar; report to. Leg. of
1906. '05 r.8, 23F
C3 Mass. Committee of 7 to consider erection of memorial to Cheva-
lier de St Sauveur; report to Leg. of 1906. '05 r. 7 2, 12 My
C4 Mass. Com'n to be appointed by Gov. & Council to consider ad-
visability of establishing memorial reservation on Daniel Webster
homestead at Marshtield; report to Leg. of 1906. '05 r.96, 24 My
C5 Mass. Bd of managers of Louisiana Purchase Exposition to con-
sider state representation at Jamestown Exposition ; report to Leg. of
1906; $1000. '05 r.107, 26 My
c6 Mich. Com'n of 3 to be appointed by Gov. to cooperate with U. S.
in semicentennial celebration of inauguration of Lake Superior Ship
canal; $15,000. '05 p.536, 3 My
C7 Minn. Designating 3 com'rs to locate site of treaty made in 185 1
with Sioux Indians by Alexander Ramsey; $300. 3§
'05 ch.150, II Ap
c8 Minn. Designating 3 com'rs to design & erect statue of Alexan-
der Ramsey in National Statuary Hall in Washington. 3§
'05 ch.249, 18 Ap
d Neb. Bd of 3 com'rs for Lewis & Clark Exposition to be ap-
pointed by Gov.; $12,000. 11 § '05 ch.228. 3 Ap
dz N. J. Com'n of 11 members to be appointed by Gov. to prepare
state exhibit for Jamestown Exposition in 1907; $25,000. S§
'05 ch.6i, 27 Mr
d2 N. J. Com'n of 3 members to be appointed by Gov. to erect monu-
ment on battlefield of Red Bank; report to Gov.; $15,000.
•05 ch. 79, 30 Mr
Temporary board
CONSTITUTIONAL LAW STATE DEPARTMENTS 5I
d3 H. Y. Lewis & Clark Exposition Com'n consisting of 7 appointees
of Gov. to prepare state exhibit; supplementing '04 ch.729. 4§
'05 ch.7is, 3 Je ,
d4 N. Y. Com'n of 7 to be appointed by Gov. to report to Leg. of
1906 on preparation & estimated cost of state exhibit for Jamestown
Exposition; $5000. 5§ '05 ch. 721, 3je
dS N. Y. Extending term of Com'n on selection of site of N.Y.
State Training School for Boys; report to Leg. of igo6 [1905].
'oS ch.133
d6 N. C. Com'n of 10 to be appointed by Gov., i from each congres-
sional district to prepare state exhibit for Jamestown Exposition;
$30,000. 7§ '05 p.1065, 6 Mr
d7 H. D. Bd of State Capitol Com'rs to consist of 3 members
appointed by Gov. & Senate; compensation; tcL. reconstruct Capitol
& erect Gov.'s mansion. i4§ '05 ch.i66, 3F
d8 H. D. Com'n of 3 to be appointed by Gov. for 2 yrs to improve
land granted by U. S., embracing White Stone Hills battlefield; bien-
nial report to Gov.; $100. 8§ '05 ch.48, 13 Mr
ez Pa. Com'n for Promotion of Uniformity of Legislation in U. S.
appointed by '01 ch.191 continued for 4 yrs. '05 ch.66, 31 Mr
e2 Pa. Com'n consisting of Bd of Public Grounds & Buildings & 3
legislators appointed by Gov. to arrange for dedication of Capitol;
$50,000. 2§ '05 ch. 306, II My
63 Pa. Com'n of 23 to prepare state exhibit for Jamestown Exposi-
tion; $100,000, '05 ch.310, II My
€4 Pa. Com'n of 3 to be appointed by Gov. to procure erection of
statue of M. S. Quay on Capitol grounds; $20,000. 4§
'05 ch.319, II My
e5 Pa. Com'n of 3 to be appointed by Gov. to erect equestrian statue
of Gen. Anthony Wayne on revolutionary camp grounds at Valley
Forge; $30,000. 2§ '05 ch.323, 11 My
e6 Pa. Com'n of 3 to be appointed ty Gov. to mark positions occu-
pied by state regiments at battle of Antietam; $10,000. 2§
'05 ch.3S4, II My
•7 R. L Com'n of 3 to be appointed by Gov. to report plan for state
participation in Jamestown Exposition; report to Leg. of 1906.
'05 r.2, 21 Ap
e8 R. I. Term of Com'n appointed by '03 r.9 to investigate shipping
interests of state in Providence harbor & Narragansett bay, to be ex-
tended to 1906. '05 r.92, II My
f S. D. Com'n consisting of Gov., Sec. of State, State Auditor &
Com'r of School & Public Lands to erect new Capitol at Pierre;
report to Gov. by 1907; $150,000. 4§ '05 ch.163, 2 Mr
fx Tenn. Com'n of 3 to be appointed by Gov. to confer with Ga. com'r
to settle disputed boimdary line. 3§ '05 ch.499, 17 Ap
f2 Tej. Com'n of 3 to be appointed by Gov. to acquire site on Monu-
ment Bluff fcr mausoleum for Dawson's men & Mier prisoners killed
in battle of Salado; $500. 8§ '05 ch.63, 15 Ap
special investigations
58-59 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
f3 Vt Com'n of 3 members to be appointed for 2 yrs by Gov. to
confer with like N. H. com'n as to freeing of toll bridges & erection of
new bridges between states; report to Leg. of 1906. 5§
'04 ch.157, 10 D
f4 Wis. Com'n of 5 named to devise plan for compiling history of
Wis. soldiers in Civil War; report to Leg. of 1907. 2§
'05 ch.298, 3 Je
f5 Wis. Amdg. '03 ch.3 22: extending to May /p07 [1905] term of com'n
appointed to erect monument to sufferers in Andersonville military
prison. *o5 ch.321, 9"Je
f6 Wis. Com'n of Interstate Park of the Dalles of the St Croix, con-
sisting of 3 members to be appointed by Gov. for 2 yrs; replacing
com'n appointed by '01 ch.305; to continue acquisition of property &
care of park. 9§ '05 ch.395, 17 Je
fy Wis. Com'n of Gov., speaker & 2 appointees to procure for Capitol
bronze medallion portrait of A. R. Hall; $500. '05 ch.481, 20 Je
f8 Wis. Joint leg. committee of 7 to report to Leg. of 1907 on
plans for state participation in Jamestown Exposition. '05 p.993
g Wy. Com'n consisting of Gov. & 5 appointees to prepare state
exhibit for Lewis & Clark Exposition; $10,000. 1 1§ '05 ch.44, 15 F
59 Special investigations
The entries under this herd t re duplicated under the specia] subject to which they
pertain. They are grouped here primarily for the use of the document librarian
and the student of state administration.
a Cal. Joint leg. committee of 4 to examine & report on state
system of revenue & taxation. '05 p. 1067, 10 Mr
ai Cal. Joint leg. com'n of 6 to investigate & report on cattle industry
as affected by national forest reserves. '05 p. 1074, 10 Mr
B.2 Col. Com'n of 4 to be appointed from 4 counties through which
Rio Grande flows, to locate irrigation reservoir sites ak ng river;
report to U. S. ; $1500. 2§ '05 ch.130, 7 Ap
a3 Ct. Joint leg. committee of 3 to investigate compensation of
state officers & employees in Capitol; report to present Leg. 4§
'05 special acts ch.135, 19 Ap
a4 Ct. Com'n to be appointed by Gov. consisting of 1 representative
from each city & 5 at large, to draft law for uniform system of mun.
charters; report to Leg. of 1907. 2§ '05 special acts ch. 399. 6 Jl
as Ct. Extending to Sep. iqo6, term of Com'n rn Lcb.sters & Shell
Fisheries appointed l>y *o;^ special acts. cb. 372. 4§
'05 special acts ch.4iS, 6 Jl
a6 Ct. Committee of 3 to be appointed by Gov. to investigate methods
of treatment of epileptics; report to Le^. of 1907; $300. 3§
'05 sj)ocial acts ch.450, 18 Jl
a7 Ct. Com'n of 5 to l.c selected by Gov. & prchidinK officer of Senate
& House, to investigate laws rel. to primaries & corrupt practices
at elections; re]>ort to Leg. of 1907. 2§ '05 special acts ch.499, 19 Jl
a8 Del. Joint leg. committee of 5 to audit accounts of certain state
officers, also of clerks of Senate & House of Representatives; $1000.
6§ '05 ch.58. i6 Mr
Special investigatioiifl
CONSTITUTIONAL LAW STATE DEPARTMENTS ^ 5g
b Fla. Bd of Comr's, consisting of Gov., Atty. Gen. & Treasurer
to examine Indian War claims; report to Leg. of 1907. 3§
•05 ch.80, 5 Je
bi Fla. Com*n of 6 consisting of Compt., State Health Officer, Gov.
& 3 appointees to consider relocation of State Hospital for Insane
& improved methods of treatment; report to Leg. of 1907. 3$
'05 ch.83, 5 Je
ba Ga. Joint leg. committee of 8 to consider purchase of land
at Tallulah falls for public park; report to Leg. of 1906.
•05 p.1255, 22 Ag
b3 6a. Committee consisting of sec. of State Bd of Health & 2
appointees of Gov. nominated by Medical Ass'n of Ga. to consider
erection of state sanatorium for consumptives; report to Leg. of
1906. *oS p.i25S, 22 Ag
b4 Ga. Joint leg. committee of 8 to consider revision of tax laws;
report to Leg. of 1906. '05 p. 1259, 22 Ag
bs Ga. Extending term of Com'n on Registration of Land Titles,
appointed by '03 p.689 ; to report to Leg. of 1906.
'05 p.1256, 23 Ag
b6 Ga. Joint leg. committees of House & Senate to examine convict
C£mps; repoxt to Leg. of 1906. '05 p. 1257, 23 Ag
b7 111. Com'n of S to be appointed by Gov. to consider plan for indus-
trial insurance & workingmen's old age pensions; report to Leg. of
1907. '05 p. 401, 4 My
b8 HI. Internal Improvement Com'n consisting of 3 persons to be ap-
pointed for 2 yrs by Gov. ; to investigate projection of deep waterway
from Lake Michigan to Gulf of Mexico; report to Leg. by 1907;
$7000. '05 p.40, 16 My
c Ind. Com'n of 5 to be appointed by Gov. to investigate need for
tuberculosis hospital; report to Leg. of 1907. '05 ch. 172, 6 Mr
CI Kan. Joint leg. committee of 5 to draft with Mo. committee stock
yard bill to be passed by both states. '05 ch.S32, 25 Ja
C2 Kan. Com'n to be appointed to investigate cause of coal mine
explosions in southeastern Kan.; report to present Leg.
•05 ch.534, 18 F
C3 Kan. Bd of Railroad Com'rs to investigate rates in Kan., Mo.,
111., la., Neb. & Tex.; report to Gov. within 6 mo.
'oS ch. 540, 3 Mr
04 Kan. Continuing State Geological Survey, appointed by '03 ch.
60 till igoy [1905]. 6§ '05 ch.33, 8 Mr
C5 Me. Bridge com'n of 3 members to be appointed by Gov. for 2
yrs; to confer with like N. H. com'n as to freeing interstate toll
bridges & locating new sites; report to Leg. of 1907. 5§
'05 ch.128, 21 Mr
c6 Mass. Committee consisting of State Tax Com'r, Harbor & Land
Com'rs, State Forester, Gov. & appointees, to investigate taxation
of forest lands; report to Leg. of 1906; $500. '05 r.6o, 28 Ap
C7 Mass. Com'rs of Fisheries & Game to make biologic investigation
rel. to oyster culture in state waters; $500 annual appropriation
for 3 jrrs. '05 r.73, 12 My
special investigations
59 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
c8 Mass. Com'rs on Fisheries & Game to make biologic investigation
rel. to propagation of clams; $500 annual appropriation for 3 yrs.
*oS r.93, 24 My
d Mass. Com'n of 9 to be appointed by Gov. & Council to consider
need for technical education in various industries; report to Leg. of
1906; $15,000. '05 r.94, 24 My
dz Mass. Bd of Gas & Electric Light Com'rs & 2 appointees of Gcv.
to investigate subject of sliding scale for gas rates & based on rate of
dividends to stockholders; report to Leg. of 1906. '05 r.ioi, 25 My
d2 Minn. Designating 3 com'rs to consider advisability c f establishing
state hospital for indigent, crippled & deformed children in Ramsey
county on donation of site; report to Leg. of 1907. 6$
*o5 ch.78, 25 Mr
d3 Minn. Designating 3 com'rs to consider advisability of establish-
ing state hospital for indigent, crippled & deformed children in Hen-
nepin coimty on donation of site; report to Leg. of 1907. 6§
'05 ch.203, 15 Ap
d4 Minn. Designating com'r to edit & annotate R.L., 1905 ; $5000. 6$
'05 ch.2i8, 17 Ap
d5 Men. Com*n of 7 to be appointed by Gov. to publish by 1906 re-
vised irrigation code; $500. '05 ch.90, 4 Mr
d6 N. H. Bridge com*ns of 3 members each to be appointed by Gov.
for 2 ys ; to confer with like Me. & Vt. com'ns as to freeing of interstate
toll bridges & locating of new sites; report to Leg. of 1907. 6§
'05 ch.119, 10 Mr
d7 N. J. Com'n designated to draft with Del. com'n compact to settle
boundary controversies. *o5 P.S63, 14 F
d8 N. J. Com'n consisting of 3 members to be appointed by Gov.
to revise corp. laws; compensation; report to present Leg. or Leg.
of 1906. 4§ '05 ch.30, 14 Mr
e N. J. Com'n to be appointed to investigate turnpikes with view to
converting them into free public roads; report to Gov. by Nov. 1905.
3§ 'OS P.S64. 14 Mr
ei N. J. Com'n of 5 to be appointed by Gov. to investigate method of
improving judicial system & procedure; report to Leg. of 1936. 3$
'o5ch.88, 31 Mr
ea N. J. Com'n of 3 to be appointed by Gov. to codify & revise law of
master & servant; report to Leg. of 1906. i§ '05 ch.94, 3 Ap
63 N. J. Com'n of 6 to be appointed by Gov. to consider revision of
poor laws; report to Leg. of 1906. 2§ '05 p. 565, 3 Ap
64 N. J. Designating 3 com'rs to draft with Del. com'n unifoimlaw
for fishing in Delaware river & bay & to mark boundary as fixed by
compact; $2000. 3§ '05 ch.239, 11 My
65 N. J. Com'n of 5 to be appointed by Gov. to investigate granting
& taxation of public franchises; report to Leg. of 1906. 3§
'05 ch.261. 3 Je
66 N. Y. Com'n of 1 5 to be appointed by Gov. to investigate probation
system in the several states; report to Leg. of 1906; $5000.
'o5ch.7i4. 3J«
special investigAtions
CONSTITUTIONAL LAW STATE DEPARTMENTS 59
€7 H. y. Com'n of 5 to be appointed to inquire as to best method of
reconstructing & modernizing state prison buildings ; report to Leg.
of 1906; $3000. 3§ *o5 ch.718, 3 Je
e8 Or. Com'n of 3 to be appointed by Gov., Sec. of State & State
Treasurer to investigate method of assmt. & collection of taxes & to
prepare tax code; report to Leg. of 1907. i6| '05 ch. 90, 18 P
i Pa. Com'n of 3 representatives appointed by speaker, 2 senators
by president & Com'r of Fisheries to draft with N.J. com'n concurrent
fishery laws governing Delaware river; $2000. '05 ch.8, i Mr
fx Pa. Com'n of 3 to be appointed by Gov. to codify laws rel. to
divorce, & to cooperate with other states to secure uniformity of di-
vorce legislation in U. S. 3§ '05 ch.24, 16 Mr
fa Pa. Joint leg. committee consisting of president of Senate & 2 ap-
pointees, speaker of House & 3 appointees, & Auditor Gen. to in-
vestigate capacity & conditions of insts. for defectives receiving state
aid. '05 ch.146, 18 Ap
f3 R. L Designating members of Metropolitan Park Com'n ; term x
yr; to consider advisability of system of public parks for Providence
& vicinity; report to Leg. of 1905; $1000. 2§ '04 ch.1204, 16 N
i4 R. I. Joint leg. committee of 5 appointed by Gov. & speaker to
consider feasibility of erecting state school for feeble-minded children ;
report to Leg.; $500. '05 r.93, 11 Ja; '05 r.94, 12 Ap
f5 R. I. Joint leg. committee of 7 to consider modifications of gen.
election laws; report to present Leg. *oSr.9i, i3ja
16 R. I. Extending term of Metropolitan Park Com'n appointed in
1904; scope of jurisdiction; $1000 additional appropriation. 3§
'05 ch.1238,9 My
f7 S. C. Joint leg. com'n of 5 to investigate terrapin & shellfish
culture & sale; report to Leg. of 1906; |8oo. 4§ '05, ch.569, 7 Mr
18 Tenn. Joint leg. committee of 9 to investigate excessive charges
claimed to have been made by Cumberland Telephone & Telegraph
Co.; report to Leg. by Mar. 190$. '05 p.1318, 27ja
g U. Com'n of 9 to be appointed by Gov. to consider advisability of
consolidating University of U. & Agricultural College of U. ; report to
Leg. of 1906; $1000. 5§ *o5 ch.104, 9 Mr
gi Vt. Tuberculosis Com'n of 5 members to be appointed fof 2 yrs
by Gov. to continue work of com'n appointed by '02 ch. 116; to edu-
cate people as to cause & prevention of tuberculosis ; report to Leg.
of 1906; $4000. '04 ch.142, 30 N
g2 Vt. Com'n of 6 to be appointed by Gov. to investigate subject of
school endowment, investment & distribution rel. to creation of
permanent school fvmd. 8§ '04 ch.42, 9 D
g3 Vt. Com'n of 3 to be appointed by Gov. to confer with like com'ns
from N. Y. & Quebec in adoption of uniform fish protection in Lake
Champlain. '04 ch.3S8, g D
g4 Wis. State Forestry Com'n to make survey & exam, of streams on
forest reserves as to available water power; report. i§
'05 ch. 95, 20 Ap
Institutions
5g-6l N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
g5 Wis. Extending 2 yrs term of Com'n on State Parks appointed by
'03 ch.232: to report to Gov. by Mar. i igo6 [1904] as to establish-
ment of state parks at Dells of Wis, 2§ '05 ch. 169, 4 My
g6 Wis. Com'n of 3 to be appointed by Gov. to confer with Canadian
Minister of Fisheries & com'ns of other border stdtes rel. to uniform
fishing laws in international waters. 3§ '05 ch.393, 17 Je
g7 Wis. Geological & Natural History Survey with U. S. Geological
Survey to ascertain amount of water power of state; report; J2500.
i§ *o5ch.475, 2oJe
g8 Wis. Bd of Control to investigate binder twine plants in prisons
of other states; report to Leg. of 1907. '05 p.989
h Wy. Com'n of 3 to be appointed by Gov. to codify laws rel. to water
rights; report to Leg. in 1907; $300. 3§ '05 ch.32, 15 F
60 State institutions
See aliO 335. Corrections ; a x 40 Charities ; 2 a a o . Education .
61 Establishment. Reorganization. Change of name
The entries under this head are also duplicated under the special subjects to
which they pertain. They are Krouped here primarily for. the use of the document
librarian and the student of state administration.
a Cal. Establishing State Hygienic Laboratory for bacteriological &
chemical analysis at State Univ. : appointment of director from
faculty; management by State Bd of Health. 5§ '05 ch.223, 18 Mr
AX Cal. Establishing Polsom State Hospital for Criminal Insane : bd
I of managers to consist of $ members of State Com'n in Ltmacy;
$40,000. i2§ '05 ch.257, 18 Mr
a2 Cal. Changing name of Deaf, Dumb & Blind Asylum at Berkeley
to Cal. Inst, for Deaf & Blind. Adds P. C. §2236; amds. §2237. 2§
'05 ch.382, 20 Mr
as Cal. Transfer of property & management of Veterans Home of
Cal. in Napa county to U. S. for National Soldiers Home. 5§
•05 ch.387, 20 Mr
a4 Col. Establishing State Fish Hatcheries at Del Norte on Rio
Grande, Glenwood Springs, also in Grand county; appropriations.
•05 ch.104, 25 Mr; 05 ch.105, 10 Ap; *o5 ch.io6, 10 Ap
as Ct. Provision for establishing Bacteriological Laboratory by
State Bd of Health for diagnosis of infectious diseases; $3000 annual
appropriation. 2§ '05 ch.162, 21 Je
a6 Fla. Abolishing the following state educational instj,.: Univ.
of Fla. at Lake City, Fla. State College at Tallahassee, White
Normal School at De Funiak Springs, East Fla. Seminary at Gains-
ville & Fla. Agricultural Institute in Osceola county; reestablishing
Univ. of Fla. & Fla. Female College; location of sites; reorganiz-
ing Colored Normal School & Institute for Blind, Deaf & Dumb ; abolish-
ing the several bds of trustees including also those of Colored Normal
School & Institute for Blind, Deaf & Dumb ; control of property vested
in State Bd of Education, management in State Bd of Control; bien-
nial reports of state bds, Treasurer & Compt. to Leg. Amds. R.S.*92
§269-71, 277 & rep. sundry laws. 4o§ '05 ch.13. 5 Je
Institutions
CONSTITUTIONAL LAW STATE DEPARTMENTS 6l
a7 Ga. Establishing Ga. State Reformatory in Baldwin county for
detention & punishment of convicts under i6: State Prison Com'n to
locate site, erect buildings & control management; $10,000. 26 §
'05 p.127, 23 Ag
a8 Id. Establishing Northern Id. Insane Asylum: bd of 3 directors
to be appointed by Gov. & Senate; com*n appointed to locate site
& award contracts; $30,000 loan. i8§ '05 p. 196, 7 Mr
b Id. Changing name of Id. Industrial Reform School to Id.
Industrial Training School. 2§ '05 p. 2 2 7, 10 Mr
bi HI. Amdg. '75 p. 104 §1: changing name of 111. Inst, for Edu-
cation of Deaf & Dumb to 111. School for Deaf. i§ '05 p. 8 7, 13 My
ba ni. Amdg. '75 p. 104 §1: changing name of 111. Inst, for Edu-
cation of Blind to 111. School for Blind. i§ '05 p. 87, 13 My
bj Ind. Establishing Southeastern Hospital for Insane: com'n of 4 to
be appointed by Gov. to locate site & supervise construction ; manag-
ing bd of 3 trustees to be appointed by Gov.; $560,000. ii§
'05 ch.29, 21F
b4 Ind. Establishing State Laboratory of Hygiene at Indianapolis as
dep't of State Bd of Health, for analysis of adulterated foods & drugs ;
bd to appoint sup't of laboratory, at $2000, also State Chemist at
$1500 salary; annual report of laboratory to Gov.; $5000 for equip-
ment; $10,000 annual appropriation. 6§ '05 ch.38, 2SF
b5 Ind. Establishing State Village for Epileptics; appointment by
Gov. of com'n of 3 to locate site; bd of 3 trustees appointed by Gov. to
supervise construction & control management; $150,000.
'05 ch.159, 6 Mr
b6 Kan. Establishing Branch Penitentiary & Oil Refinery at Peru;
$210,000. 9§ '05 ch.478, 17F
b7 Mass. Changing name of Mass. Hospital for Dipsomaniacs &
Inebriates to Foxborough State Hospital. i§ '05 ch.400, 12 My
b8 Mass. Provision for establishing hospital for leprosy by State
Bd of Charity on approval of Gov.; appropriation not to exceed
$50,000. 2§ '05 ch.474, 26 My
c Mich. Establishing State Sanatorium for Tuberculosis; bd of 6
trustees to be appointed for 6 yrs by Gov. & Senate; to locate site
& control management; annual report to Gov.; $20,000.
'05 ch.254, 16 Je
CI Minn. Establishing School of Agric. at Crookston as branch of
State Univ. '05 ch.132, 11 Ap
ca Mo. Establishing Fourth District Normal School in southwest
Mo.; appointment of 5 com'rs by Gov. to locate site, also of bd of
regents consisting of 6 appointees of Gov. & State Sup't of Public
Schools. 8§ '05 p.297, 17 Mr
03 Mo. Establishing Fifth District Normal School in northwest
Mo.; appointment of 5 com'rs by Gov. to locate site, also of bd of
regents consisting of 6 appointees of Gov. & State Sup't of Public
Schools. 8§ '05 p. 299, 25 Mr
C4 Mo. Establishing State Sanatorium for treatment of incipient
pulmonary tuberculosis; appointment by Gov. of 5 com'rs to locate
Institutions
6l N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
site and erect buildings; managing bd of 5 members to be appointed
by Gov. & Senate; $50,000. 25 § '05 p. 292, 15 Ap
C5 Neb. Establishing State Hospital for Crippled, Ruptured and
Deformed Children, to be located at Lincoln in Home for Friendless;
management to be in Bd of Public Lands & Buildings; organiza-
tion ; biennial report by bd to Gov. ; appropriation. 8§
'oS ch.8o, 3 Ap
c6 Ncv. Establishing Agricultural Experiment Farm; com'n to locate
site in semitropical southeastern Nev.; supervision by bd of control
of Nev. Agric. Experiment Ass'n. *o5 ch. 39, 2 Mr
C7 H. H. Establishing N. H. State Sanatoritun for Tuberculosis:
bd of 5 tnistees to be appointed by Gov. & Council; to locate site,
erect building, & control management of inst. ; annual report to
Gov. & Council; $50,000; void if suitable inst. provided prior to
May I, 1907. i3§ '05 ch.92, 10 Mr
c8 H. Y. Amdg. '95 ch.38 §1: changing name of Thomas Asylum
for Orphan & Destitute Indian Children to Thomas Indian School. i§
•05 ch.67, 17 Mr
d N. C. Establishing State Laboratory of Hygiene for exam, of
water supplies & germ diseases, under management of State Bd of
Health; $60 annual tax on water co. for maintenance; $1200.
Rep. '03 ch. 159 §17. 4§ '05 ch.415, 4 Mr
dl N, D. Establishing Agricultural Experiment Station near Dickin-
son on donation of site; State Agricultural College to have super-
vision; $10,000. 3§ '05 ch.2i, 2 Mr
da OkL Establishing Okl. Hospital for Insane at Fort Supply Mili-
tary Reservation; bd of trustees to consist of Gov. & 2 members
appointed by Gov. & Council; biennial report to Leg. 26§
'05 ch.2o art. 1 1, i Mr
d3 Pa. Establishing State Hospital for Criminal Insane: com'n con-
sisting of president of Senate & i appointee, speaker & i appointee,
& 2 appointees of Gov. to select site & erect building; appointment
of bd of 9 trustees for 3 yrs by Gov. & Senate; $10,000 for site, $150,-
000 toward construction; quarterly report to Auditor Gen. & Bd of
Public Charities. i3§ '05 ch.247, 11 My
64 Pa. Establishing Thaddeus Stevens Industrial & Reform School
for indigent orphans at Lancaster; com'n of 5 to be appointed by Gov.
to locate site & erect buildings; bd of trustees to consist of 9 ap-
pointees of Gov. & Senate & Sup't of Public Instruction; annual re-
port by sup't; $50,000. 11 § '05 ch.429, 11 My
ds R. I. Bd of 5 trustees to be appointed by Gov. & Senate
for State Sanatorium for Consumptives at Burrillville; annual report
to Leg. II § '05 ch.1247, II My
d6 S. D. Establishing Northeastern Hospital for Insane at Water-
town: State Bd of Charities & Corrections to control management.
'05 ch.138, 2 Mr; '05 ch.139, 8 Mr
d7 U. Establishing Central tJtah Experiment Station as branch of
Agricultural College Experiment Station; Southern U. Experiment
Farm placed under supervision of Experiment Station. [State Bd of
Horticulture] Rep. '99 ch.85. io§ '05 ch.132, i8Mr
Institutioiis
CONSTITUTIONAL LAW STATE DEPARTMENTS 61-65
d8 Wash. Establishing State Inst, for Feeble-minded near Medical
Lake; State Bd of Control to erect building & direct 'management;
abolishing dep't for feeble-minded at State School for Defective
Youth; $62,500. ii§ '05 ch.70, 6 Mr
e Wash. State Fish Com'r to establish State Fish Hatchery on
Humptulips river, on Chimacum creek, also on Skagit river if suitable
for culture. '05 ch.74, 6 Mr; '05 ch.96, 9 Mr; '05 ch.97, 9 Mr
ei Wis. Bd of Regents of Normal Schools to purchase site for State
Normal School at La Crosse & prepare plans for building & equip-
ment; report to Leg. of 1907; $10,000. 2§ '05 ch.121, 26 Ap
ea Wis. Establishing Wis. State Tuberctdosis Sanatorium: advisory
bd of 5 members to be appointed by Gov. for 5 yrs; to locate site
& direct management ; supervision of finances by State Bd of Control
& advisory bd; $90,000. '05 ch.361, 13 Je
©3 Wis. Establishing Bass Hatchery in southeastern Wis. at $10,000;
also Trout Hatchery in western Wis. at $5000. '05 ch.484, 20 Je
63 Supervision and administration
a Kan. Rev. G.S. *oi ch.99 art.i rel. to charities & corrections.
54§ '05 ch. 475, 4 Mr
b Minn. Sup't of state inst. may use property of deceased
inmate tmclaimed for 5 yrs for gen. benefit & entertainment of in-
mates; refund by state if heirs appear. i§ '05 ch.199, 15 Ap
c N. J. Creating office of Com'r of Charities & Corrections ; to inspect
insts. receiving state aid, to report on state wards in private
insts.; to supervise plans for state buildings; power of appoint-
ment of State Architect; executive officers of the various insts.
to form advisory bd to Com'r; annual report to Gov.
'05 ch.57, 25 Mr
d H. M. Territorial educational & charitable insts. may expend
money derived from sale or lease of land in permanent improve-
ments. 2§ '05 ch.72, 14 Mr
c Wash. State Bd of Control to manage transportation of convict,
insane person or incorrigible to state inst. 3§ '05 ch.121, 9 Mr
f Wis. Amdg. S.'98 §56ia; i member of Bd of Control to be a
woman. i§ '05 ch.381, 17 Je
g Wis. Amdg. S.'98 §4951 as to religious instruction in reform
schools, prisons, parental & industrial schools & homes for dependent
children. i§ '05 ch.396, 17 Je
64 Examination and inspection
a If. C. Amdg. C. §3320: Gov. may personally inspect state insts^
2§ *o5 ch.446, 4 Mr
b Vt. "An act providing for an investigation of certain state
insts." 5§ '04 ch.163, 10 D
65 Officers
a Elaa. Qualifications & tenure of office of employees in state insts.
3S '05 ch.487. 25 F
b Or. Compensation of officers & employees of certain state insts.
to be paid monthly. 5§ '05 ch.99, 18 P
Public documents
^-^8 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
67 Public documents. Printing
a Ct. Amdg. G.S.'oa §125 rel. to binding public document set. i§
'oS ch.2S, 2 My
b 111. State printing need not be done at capital unless so ordered
by Com'rs of State Contracts. 2§ '05 p.393, 16 My
c Ind. Amdg. '85 ch.86 §1: Supreme Court reporter ex officio
member of State Printing Bd ; contract for printing to be performed
according to terms. i§ '05 ch. 81, 3 Mr
d Me. Amdg. R.S.*o3 cli.3 §26: state printing orders subject to
approval of Gov. & Council. i§ '05 ch. 5 2, 15 Mr
e Me. Amdg. R.S.*o3 ch.3 §24, 25 rel. to number & distribution of
reports. 2§ . '05 ch. 138, 22 Mr
f Me. Gov. & Council to contract for printing. Rep. R.S.'o3 ch.3
§27-30 rel. to election & duties of State Printer. 3§
'oSch.155. 24Mr
g Mass. Publication of bulletin of committee hearings.
•o5r.2,23ja
h If. H. Adding §8 to '01 ch.84: Public Printing Com'n may
decrease size of edition of any state publication; clerical assistance to
com'n. 2§ 'o5ch.63,9Mr
i If. Y. Amdg. state printing law *oich.5o7§i5: 2 inspectors to
examine qualifications of bidders for state printing. i§
'05 ch. 760, 3 Je
j Pa. Public printing. 42 § 'o5ch.x,7F
k Pa. Publication & distribution of public documents. 3§
'05 ch.130, 17 A'p
m Wash. Public printing & binding. 8§ '05 ch. 168, 11 Mr
n Wis. Amdg. S.*98 §335c-d rel. to printing & binding of certain
official reports. 2§ '05 ch.65, 22 Ap
p Wis. Amdg. S.'98 §316 as to printing for Leg.: form of bills;
Sec. of State to prepare annual leg. compilation. Adds §317. 3}
'05 ch.480, 20 Je
68 State printing boards and officers
a Cal. Amdg. Pen.C. §100 rel. to collusion & corruption by Sup't
of State Printing. i§ 'oS ch.483, 21 Mr
b Ct. Bd of Control to supervise publication of state reports. 4}
*o5 ch.6o, 12 My
c 111. Amdg. R.S.'74 ch.127 §17, 20-21 as to salary of State Printer &
proofreaders. 3§ '05 p.391, 16 My
d Kan. Submitting amdt. to Const. 1859 swt.iS §4: State Printer
to be elected in Nov. 1906 & every 2 yrs thereafter [appointed by
Leg. in joint session]. Vote Nov. 1906. a§ '05 ch.545, 19 P
e Kan. Sec. of State, Atty. Gen. & State Printer to be State Printing
Com'n; term, salary & duties of State Printer. Rep.G.S.'oi §6731-47.
i9§ *o5 ch.477, 3 Mr
f Kan. Term of State Printer 2 yrs. to begin July i, 1905. 5 J
•05 ch.484, 16 Ja
CONSTITUTIONAL LAW LEGISLATURE
70 Distribution
Se4 also a354* State libraries
a Id. Pamphlet edition of laws & Const, to be sold at ioc~20c
a hundred folios; proceeds to be turned into state treasury quarterly.
3§ '0Sp.231.9Mr
b Heb, State Printing Bd to distribute reports. 3§ '05 ch.103, 4 Ap
c Pa. State Librarian [Sec. of Commonwealth] to have custody of
public documents for sale & distribution ; exceptions, i §
•05 ch.174, 20 Ap
d Vt« Certain state publications to be distributed to normal & high
schools & academies. '04 ch.50, 9 D
c Vt. Amdg. S. §5448: state reports to be distributed to town clerks
of organized town and elsewhere at state expense. Rep. §5449. aj
'04 ch.177, 9 D
f Wis. Amdg. S.'98 §351,357: distribution of state documents, court
reports & statutes to Library of College & of Law & State Univ. 4§
'05 ch.249, 25 My
72 Manuals. Blue books
a Mo. Amdg. R.S.'99 §4175 rel. to publication & distribution of
"Mo. Manual." i§ '05 p. 209, 11 Ap
b Tex. 300 copies of leg. manual to be printed, ij
*o5 p.400, 25 Ja
c Vt. Amdg. '02 ch.164 §1: manual known as Vt. Justice & Public
Officer to be ready by Jan. i, igo6 [Jan. i, 1904]. i§
'04 ch.159, 4 N
74 Public printing establishment
a Kan. Com'n to be appointed to erect state printing plant ; $32 ,000.
8§ 'oS ch.476, 10 F
77 Legislature
Ste also a. Statutes; 9455. Council municipal
a Cal. Submitting amdt. to Const. 1879 sl^A §23; salary of mem-
ber of Leg. $1000 a session [$8 a day]; Leg. may employ attendants
to amount of $500 a day. Vote Nov. 1906. 2§ '05 p. 107 5, 10 Mr
b Wis. Leg. employees; compensation; distribution of bills. Rep.
*oi ch.3, 438, '03 ch.4, '05 ch.4; adds S.'98 §iiia. 3§
'05 ch.sis, 21 Jc
79 Election. Number. Apportionment. Vacancies
5## also X47, Minority representation
a R. L Rev.'oi ch.828 rel. to election of senators & representatives.
i3§ '05 oh. 1230, 26 Ap
80 Apportionment: general laws
a Id. Reapportioning state into senatorial & representative dis-
tricts. 2§ 'oS p.430, 7 Mr
b Ind. Apportionment of senators & representatives. 3§
'05 ch.67, 2 Mr
N. y. STATE LIBRARY INDEX OF LEGISLATION I9OS
c Mich. Reapportioning representative districts, i §
'05 ch.244, 16 Je
d Mich. Reapportioning senatorial districts. 2§ '05 ch.245, 16 Je
e Ifev. Reapportioning senators & assemblymen. 2$
'oS ch.141, 23 Mr
f R. L Amdg. Const. 1842 art. 5 §1: House of Representatives to
consist of 700 [formerly limited to 72] members; Leg. to [may] re-
apportion representation after every United States [or state] census,
and divide each city and town into representative districts; no toiRm
or city to have more than ^ [^] of whole number of members. Re-
jected Nov. 1905. '04 r.i, 13 Ap; '05 ch.1212, 14 F
81 Resignation. Vacancies
a If. J. Advertisement of writ of election to fill vacancy in Leg. ;
certification of nomination; election; returns. Supplements '98 ch.
139- 2§ 'o5ch.2, 2Sja
83 United States representatives
a Kan. Dividing state into 8 congressional districts. Rep.*83ch.i,
*97 ch.90. io§ '05 ch.152, 9 Mr
84 United States senators
a Kan. Requesting Cong, to call const, convention to provide for
election of senators by direct vote. '05 ch.S3i, 24 Ja
b Mo. Requesting Cong, to call const, convention to provide for
election of senators by direct vote. '05 p.308
c Men. Requesting Cong, to call const, convention to consider
election of U. S. senators by direct vote. *oS p.355, 31 Ja
d Nev. Requesting Cong, to call const, convention to consider
election of senators by popular vote. '05 p. 2 7 2, 25 F
e Tenn. Requesting Cong, to call convention to submit const.
amdt. providing for election of U. S. senators by direct vote.
'oS P-J321, 22 Mr
88 Special laws
See also no, Le^nslative procedure
a Kan. Submitting amdt. to Const. 1859 art. 2 §17: cqurts to deter-
mine whether law is repugnant to const, provision against special
laws. Vote Nov. 1906. 2§ *o5 ch.543, 20 Ja
90 Members of Legislature
a Ct. Referring to Leg. of 1905 const, amendment: Gov. or Leg.
may not appoint during session any member to remunerative office,
U. S. senator & notary public excepted. Not repassed in 1905.
'03 p. 207, 20 My
b Ga. When member of Leg. is in attendance at session, case in
which he is atty. or party to be continued; to be excused as juror or
witness; depositions. *oS p.93, 23 Ag
c Tex. Submitting amdt. to Const. '76 art. 3 §24: salary of legis-
lator. Vote Nov. 1906. *oS, p.412, 1$ Ap
CONSTITUTIONAL LAW LEGISLATURE 95-105
95 Internal organization
a Vt. Appointing com'n to revise rules of Leg. '04 ch.355, loD
96 Bribery. Illegal practices
St0 also 350, Crimes against the government
a Minn. Amdg. 0.8/94 §6343 as -to penalty for bribery of member
elect of Leg. i§ '05 ch.31, 9 Mr
b Minn. Amdg. G.S.'94 §6344 as to penalty for seeking or accepting
bribe by member elect of Leg. i§ *oS ch.32, 9 Mr
98 Joint session
a Cal. Senate & Assembly committees on rules to meet & prepare
rules for matters requiring joint action, i § '05 p.83 1 , 3 1 Ja
b Wy. President of Senate to preside over joint sessions of Leg. i §
'05 ch.71, 21 F
99 Lobbying
a Wis. Msdr. to attempt as leg. cotmsel or agent to influence legisla-
tors except by appearance before committees. 3§ '05 ch.472, 20 Je
xoo Officers and employees
a CoL Qualifications of employees of Leg. 3§ '05 ch. 109, 10 Ap
b Mass. Amdg. R.L. ch.io §6, 10: Sergeant-at-arms to appoint 2
[3] messengers & a clerk of leg. document division. 2§
'oS ch.2i8, 24 Mr
c Mich. Qualifications, duties & compensation of judiciary com-
mittee clerk of Senate & House & Senate stenographer. 5§
'o5ch.2S5;i6 Je
d Minn. Amdg. G.S.'94 §220: Senate not to elect fireman. i§
'05 ch.S2, 21 Mr
c Hcb. Amdg. Ann. S. '03 §7010 rel. to officers & employees of Sen-
ate. 2§ 'o5ch.9i,4Ap
f Pa. Number, appointment & election, compensation & duties of
canployees of Gen. Assembly; vacancies. 7§ '05 ch.108, 12 Ap
g Vt. Amdg. S.§234 rel. to employment of assistants by Sergeant-
at-arms. i§ 'o4ch.i4, 16N
h Wis. Amdg. *oi ch.438 providing for additional employees of
Leg. 3§ 'osch. 4, 21F
i Wy. Creating office of Bill Clerk of House and Senate, i §
'OS ch.5, 31 Ja
Z04 Temporary organization
a Wy, Sec. of State to call House of Representatives to order at
opening of regular session. i§ 'o5ch.72,2iF
X05 Legislative procedure
a If. Y. Amdg. leg. law '92 ch.682 §4 rel. to contempt of either House
of Leg. i§ *oS ch.23, 27 F
b R. I. Joint rules & orders of Senate & House of Representatives.
28§ 'o5r.62, 4ja
Citizenship
106-19 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
106 Bills
a Cal. Submitting amdt: to Const. 1879 art.4§2: bills not to be
introduced after 40 [50] days from commencement of session except on
consent of f [J] members. Vote Nov. 1906. 2§ '05 p. 1075, 10 Mr
b Pa, Sec. of Commonwealth may appoint statute clerk, salary
$2000. i§ 'oS ch.234, 4 My
108 Enrolling. Engrossing. Printing
a B^ Printed copies of bills after 2d reading may take place of
engrossed bills during last 7 days of session. 3§ '05 ch.io, 9 Mr
b Ind. Rep. '03 ch,i25 which provided for printing acts of Leg. from
special type. i§ 'oSch.i, i3ja
c Minn. Leg. bills may be printed or typewritten. i§
*oS ch.153. 12 Ap
d N. H. Amdg. '93 ch.64 {i: bills & resolutions may be engrossed
or typewrtUen. i§. 'oS ch.6, 8 F
c Wis. Bills, joint memorials & resolutions presented to Gov. to be
printed instead of enrolled. Adds S.*98 §3 20b. i§ '05 ch.2, 4 F
XZ3 Sessions
a S. C. Submitting amdt. to Const. 1895 art.3 §9: sessions of Leg.
after 1906 to be held biennially [formerly annually]. Adopted Nov.
1904. '04 ch.383, II F
"5 Direct legislation
a . Del. Submitting question whether Leg. provide system of advisory
initiative & advisory referendum. Vote Nov. 1906. io§
'05 ch.53, 18 Ap
b Mon. Submitting amdt. to Const, art. 5 §1 establishing initiative
& referendum. Vote Nov. 1906. 3§ '05 ch.6 1, 2 Mr
"6 Citizenship. Civil and political rights
5«r also 129. Suffrage
1x7 Citizenship
X 1 8 Naturalization
Sm also X35. Aliens (sufFra^e)
a Mass. Evening sessions of certain courts to be held for purposes of
naturalization when applications reach 25 & 10 make written request.
Adds §21 to R.L. ch.i66. i§ '05 ch.340, 26 Ap
1x9 Restoration to citizenship
a Cal. Gov. to order release of prisoner at end of term with or with-
out restoration to citia^enship ; subsequent restoration. Adds {7^ to
•89 ch.264. ij '05 ch.398, 20 Mr
b N. C. Amdg. '99 ch.44 §1-2: citizenship may be restored where
sentence has been suspended. 2§ '05 ch. 5 4 7, 6 Mr
c Wy. Amdg. R.S.'99 §5462-63 rel. to restoration of criminal to
citizenship. 2§ '05 ch.iS, xo F
CONSTITUTIONAL LAW ELECTIONS
X2a Civil rights
See also lajS, Race distinction
a Cal. Prohibiting discrimination against individual by place of
public amusement or accommodation. Adds C.C. §51-54. 4§
*o5 ch.413, 21 Mr
b Ct. Race, color or alienage discrimination in use of public accom-
modations prohibited, i § *o5 ch. 1 1 1 , 6 Je
c Or. Referxing to Leg. of 1903 amdt. to Const. 1857 art.i
^ §35 : negroes not prohibited from residing in state. Repassed in 1903
but no provision for submission. *oi p. 479, 12 F; '03 p.347, 6 F
laa Indians
5«r aho 136, Suffrage; 395, Conveyance; 2x78, State Indian School
a Mc. Removal of certain nontribal members from Penobscot
Indian Reservation; relief of paupers; expenditure of school money.
Supplements R.S.*o3 ch. 13. 4§ '05 ch.102, 21 Mr
b N. M. Amdg. '01 ch.29 §1 as to participation of Indians in election
of irrigation officers. 2§ '05 ch. 3 6, 8 Mr
CitizenBhip
133-36
Z36
Elections. Political parties
See also for term of office, vacancies etc., the various officers under state and
local government: also a a as. School elections
a Ct Com'n to be selected to investigate laws rel. to primaries & cor-
rupt practices at elections; report to Leg. of 1907. 2§
*o5 special acts ch.499,19 Jl
b Elan. Amdg. '03 ch.228 §2-4 rel. to form & marking of ballots;
canvass of votes; preservation of ballots. 4§ '05 ch. 2 2 2, 8 Mr
G Minn. Amdg. '03 ch.i68 rel. to use of registered mail instead of
personal trip to cotmty seat by village & town election officers to re-
ceive ballots & make returns. 5§ '05 ch.214, 17 Ap
d N. J. Revision of list of registered voters by court ; sessions on
election day; contempts by election officers; compensation of judges.
Supplements '98 ch.139. 8§ '05 ch.141, 12 Ap
e N. J. Amdg. '98 ch.139 §13-15, 17, 19, 23, 94: appointment & or-
ganization of coimty bd of elections; bd of registry; canvass & return.
7§ '05 ch.258, 3 Je
f N. Y. Misc. amdts. to election law '96 ch.909. 5§ '05 ch.675, ije
g N. Y. Amdg. '98ch.676: State Sup 't of Elections for Metropoli-
tan District may appoint 400 [600] regular & 750 [200] additional
deputies ; clerk may swear in ; reports of lodging houses ; lists of en-
rolment on registration days; salaries; reports. i4§ '05 ch.689, 2 Je
h OkL Amdg. S.'o2 §2922, 2926, 2929, 2946, 2953 rel. to elections:
form of ballots; candidates; watchers; voting; exposure of ballots;
canvass of votes; nominations. 125 '05 ch.17 art.i, 2 Mr
i R. L Joint leg. committee to consider modifications of general
election laws; report to present Leg. '05 r.91, 13 Ja
J Tex, Rev. '03 ch.ioi rel. to elections. 194!
'05 ch.ii (ex. sess.), 15 My
Corrupt practices
Za6-49 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
ji Vt. Amdg. S. §98: double nominations; provisions reL to sep-
arate tickets for certain officers repealed. i§ '04 ch.3, 10 D
k Wis. Amdg. S. '98 §49, '03 ch. 451 §12 subdiv. 2, §14 subdiv. 7:
opening & closing polls at elections; pay of clerks & inspectors at
elections & primaries. 3§ *o5 ch.424, 19 Je
129 Suffrage: qtialifications
a Del. Referring to Leg. of 1907 amdt. to Const. 1897 art. 5 §4:
voter not required to pay registration fee to qualify, i §
*oS ch.4, 30 Mr
133 Educational qualifications
a N. H. Amdg. P.S. ch.3 2 §7: supervisors of voting lists to test
ability of certain applicants to read & write. i§ '05 ch.53, 9 Mr
134 Nationality. Race
a Md. Amdg. Const. 1867 art.i §1 rel. to suffrage: registration re-
stricted to those who are able to explain any section of Const, or who
were qualified voters in 1869 or are the lineal descendants of such
voters. Rejected Nov. 1905. '04* ch.96, 10 Mr (not in session laws)
135 Aliens
a Wis. Referring to Leg. of 1907 amdt. to Const. 1848 art.3 §iT[2:
qualified electors to include [white] persons of foreign birth declar-
ing intention to become citizens prior to Dec. i, IQ08; proviso.
*o5 p.994
143 Residence
a Wy. "An act to provide that electors may vote in any precinct
where their duties call them on election day." 7§ '05 ch.88, 21 P
146 Women
See also 2225. School elections
a Or. Referring to Leg. of 1905 amdt. to Const. 1857 art. 2 by add-
ing section : right of suffrage to be extended to women.
'03 P-37 (ex. sess.)
149 Corrupt practices. Election offenses
See also 167, Offenses
a Gal. Amdg. '93 ch. 16 §32: witness in election fraud case alleging
self-incrimination as ground for refusal to testify to be granted im-
munity from prosecution. i§ *o5 ch.95, 10 Mr
b Cal. Amdg. Pen.C. §42, 45-47, 49-51, 57, 59, 62 rel. to crimes
against elective franchise. Adds §42a, 49a, 54a-b, 55a, 57a, 63b.
i7§ '05 ch.479, 21 Mr
c Ind. Penalty for buying or selling vote; witness privileged from
prosecution for testimony. Rep.*99 ch.i66. 4§ '05 ch.158, 6 Mr
d If. J. Penalty for election offenses. Supplements '98 ch. 139. 2{
*o5 ch.ii8, 6 Ap
NominatioiiB
CONSTITUTIONAL LAW ELECTIONS X49-X<^0
e N. Y. Amdg. Pen.C. §41-4 izz rel. to crimes against elective
franchise. i4§ '05 ch.62S, 26 My
f N. C. Amdg. '01 ch.89 §76: msdr. to sell liquor on election day
within 5 m. of polls. i§ '05 ch.531, 6 Mr
150 Corrupt practices acts
All laws reauirins candidates or committees to file a statement of election expenses
are included under this head. These laws often include miscellaneous election
offenses.
a Ct. Corrupt practices. Rep.G.S. '02 §1694-98. 17 §
'05 ch.280, 19 Jl
c Wis. Amdg. S.*98 §45430 rel. to statement of expenditures of
candidates : blanks to be furnished ; publication of names of persons
failing to file statement; prosecution. Adds §45430 subdiv. i. 2§
'05 ch.502, 20 Je
Z54 Corporation funds
a Minn. Felony for officer of business corp. to vote money to cam-
paign fund. i§ '05 ch.291, 19 Ap
b Wis. Felony for corp. to contribute to political parties for in-
fluencing legislation or promoting or defeating candidacy of persons
for political office. 6§ *o5 ch.492, 21 Je
Z55 Illegal voting
a Wis. Amdg. S.'98 §4543 as to illegal voting & registration. i§
'05 ch.313, 7 Je
x6o Nominations. Parties
a An, Primary political elections. i8§ '05 ch.68, 16 Mr
b Cal. Amdg. P.C. §1359, 1367 rel. to conduct of primary election.
2§ '05 ch.179, 18 Mr
c Cal. Ballot clerk at primary election to compare elector's signature
with that in roster. Adds P.C. §i367a. i§ '05 ch.366, 20 Mr
d Ct. Rev. G.S.'o2 §1720-27 rel. to enrolment of voters, political
primaries & caucuses. 13 § '05 ch.273, 19 Jl
e Fla. Extending provisions of '01 ch.130 §18 to primary election
in ati>' mtmicipality [of 10,000]. 2§ '05 ch.ioo, 5 Je
f ni. General primary election law. i2o§ • '05 p. 2 11, 18 My
g Ind. Regulating primaries in county with city of 36,000 — 43,000.
'05 ch.73, 3 Mr
h Me. Amdg. R.S.'o3 ch.6 §116, 117: caucuses in cities of JS^ooo
[25,000]. 2§ '05 ch.149, 24 Mr
i Mass. **An act rel. to elections & caucuses." Amds. R.L. ch.ii;
'03 ch.4S4 §13, 14, 16; rep.*o4 ch.377. i8§ '05 ch.386, 10 My
J Mich. Primary elections : direct nominations. 40 §
*o5 ch.181, 7 Je
k Minn. Amdg. '99 ch.349 §15 rel. to hrs for voting at primary
election, i} *oS ch.92, 31 Mr
m Mon. Rep. P.C. §1318 rel. to publication of nominations for public
office. i§ '05 ch.91, 4 Mr
Nominations
160-64 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
n Neb. Revising primary election law in counties of 125,000. Rep.
C.S/03 §3326-75. 34§ '05 ch.66, 30 Mr
p N. H. Caucuses: method of calling and conducting; voting lists;
party test ; penalties. Rep.'oi ch.105. ii§ '05 ch.93, 10 Mr
q N. H. Amdg. '97 ch.78 §4 as to time of holding certain caucuses.
2§ '05 ch.ii2, 10 Mr
r N. J. County committee of political party may prescribe rules for
nominations to fill vacancy in Leg. Supplements '98 ch.139. i§
*o5 ch.i, 20 Ja
s N. J. Amdg. '03 ch.248 §6 rel. to election of county or mun. com-
mittee at party primaries. i§ '05 ch.117, 6 Ap
t N. H. Double nomination prohibited; filing of party emblem;
form of ballot; penalty. Rep. '03 ch.59. 5§ '05 ch. 127, 16 Mr
u N. Y. Amdg. primary election law '98 ch.179 §8 subdiv.3 : custodian
of primary records may destroy after 3 yrs subject to order of District
Atty. or judge of Court of Record. i§ '05 ch.207, 17 Ap
V N. Y. Amdg. primary election law '98 ch. 179 §3: special enrol-
ment abolished in 2d class city. 4§ 'o5ch.674,iJe
w N. D. Primary election law. 38§ • *o5 ch.109, 21 F
X S. C. Amdg. C.C. §255-57: primary election to be conducted ac-
cording to Const. & rules of political party. 3§ '05 ch.409, 16 F
y S. D. Holding & regulation of primaries & conventions. 47 §
'05 ch.107, 3 Mr
z Tenn. Amdg. *oi ch.39 §1 rel. to primary elections: election of
ward & district committeemen; poll lists. i§ '05 ch.353, 14 Ap
zi Vt. "Preparation & use of caucus check list"; form of ballot;
penalty for fraud or bribery. 19 § '04 ch.2, 7 D
Z2 Wis. Amdg. '03 ch.451 §2: county & district sup'ts of school
excepted from provisions rel. to party nominations. i§
'05 ch.3, 6 F
Z3 Wis. Nomination & election of delegates to national conventions.
2§ '05 ch.369, 14 Je
160(3 Direct nominations
a Mon. Nominations by direct vote at primary election. Amds.
P.C. §1206. 32§ '05 ch.99, 6 Mr
b OkL Primary elections. 26§ '05 ch.17 art.2,10 Mr
c Wis. Amdg. '03 ch.451 §20, 21 rel. to direct primaries: city bd of
canvassers; party committees. 2§ '05 ch.3 59, 12 Je
163 Certificates. Vacancies. Filing of nominations
a Minn. Amdg. '93 ch.4 §35 as to certificate of nomination made
otherwise than by convention of delegates. i§ '05 ch.134, 11 Ap
b N. Y. Amdg. '96 ch.909 §66 subdiv.i : if primary results in tie vote
nomination committee to fill vacancy. i§ '05 ch. 49, 9 Mr
164 Double nominations
a Minn. "An act rel. to names of political parties on official ballot"
providing that candidate should not run on 2 tickets. '01 ch.3 12,
13 Ap; amended '03 ch.232. 14 Ap. Unconst. as to latter provision
not included in title. In re Day 102 N. W. 209 (1904).
Election districtB
CONSTITUTIONAL LAW ELECTIONS 166-72
166 Nomination papers. Independent nominations
a 111. Amdg. '91 p. 107 §7: in city of 500,000 nomination papers to
be filed 25 days before election. i§ *o5 p. 208, 16 My
b 111. Nomination of candidate by petition. Adds §5 J to '91 p. 107.
1 5 *o5 p.2o8, 18 My
167 Offenses
Ste also X49. Corrupt practices
a CaL Provisions of '93 ch.i6 §19-33, 39-4* to secure purity of
elections to apply to primaries. Adds §42a. '05 ch.41, 3 Mr
b Ga. Amdg. '04 p.97 §1: msdr. to buy, sell, offer to buy or sell
or contribute for buying or selling votes in primary elections for state,
county, mun. or federal officers. 2§ *o5 p.iii, 23 Ag
c S. C. Amdg. Crim. C. §265-66, 272-74 as to bribery at primary
election. 5§ *o5 ch.466, 6 Mr
d S. C. Candidate at primary to pledge not to bribe or use intoxi-.
cant to gain votes & to file statement of expenses after election;
msdr. to bribe or threaten. 3§ '05 ch.473, 6 Mr
168 Parties
a Wis. Amdg. '03 ch.451 §22 rel. to formulation of party platform
and election of central committee. i§ '05 ch. 79, 13 Ap
b Wy. Amdg. R.S.'99 §289 subdiv.3: party casing 2% [io%]
vote entitled to separate column on ballot at next 2 gen. elections, i §
*o5 ch.2i, 10 F
1 170 Districts. Notices. Days
171 Days. Hours
5## also 1604, Legal holidays
a lU. Amdg. '91 p. 107 §34: municipality in county of 3d class
may open polls at 6 a.m. & close at 4 p.m. i§ '05 p. 2 10, 15 Mr
b Mass. Amdg. R.L. ch.ii §213 ^[3: town polls for state or local
election may be opened at ^.45 [6] a.m. i§ '05 ch.iii, 27 F
c Minn. Amdg. '97 ch.239 §1: mun. election not to be held on
same day as township election. i§ '05 ch. 149, 11 Ap
d Heb. Biennial state elections. 'o5ch.65, 4 Ap; amdg. C.S.'o3 §3212,
3218. Unconst. Changes time of election & term of certain offi-
cers regulated by Const, art. 6, 18. State v. Galusha 104 N.W.
197 (1905).
e O. Amdg. Const. 1851 by adding art.17: elections of state &
county officers to be held Tues. after ist Mon in Nov. in even
yrs; of other elective officers, in odd yrs. Adopted Nov. 1905.
*o4 p.640, 18 Mr
f Wis. Amdg. S.'98 §49 as to time polls to be open for elections in
cities. i§ *o5 ch.251, 25 My
172 Districts
a Id. Amdg. '99 p. 33 §42 : election precincts to contain but 600 [400]
voters. i§ *o5 p.317, 27 F
b Kan. City of 2d class may divide ward of 300 into election pre-
cincts. i§ '05 ch.223, 25 F
Ballots. Voting
173-81 N. Y. STATE LIBRARY INDEX OF LEGISLATION 190$
c Wis. Amdg. S/98 §865: recently incorporated village not hav-
ing time to provide for holding judicial & gen. elections & elections for
state & county sup'ts to remain part of former election district. 2$
'05 ch.58. 15 Ap
175 Ballots. Voting
a Ct. Penalty for use of unofficial ballot. i§ '05 ch.xSx, 29 Je
b Ky. Amdg. Const. 1891 §147: elections by people to be vtva voce
[formerly by secret official ballot] ; election officers to make public rec-
ord according to direction of voter. Rejected Nov. 1905.
•04 ch.30, 14 Je
c Minn. Vote on city charter or mun. bond issue to be taken on
separate lavender ballot & in separate ballot box. 2§
'oS ch.87, 30 Mr
d Okl. Publication of nominations & instructions for voting in news-
paper. 3§ '05 ch.17 art,3, 23 F
e R.I. Amdg. G.L. ch.ii, 19, '01 ch. 825, 829, 834 (2 lel. to
ballots. Rep. '01 ch.829 §16, 21. 27! '05 ch.1229, 26 Ap
g Wash. Amdg. Ballinger's Ann.C.& S.'97 §1362, 1394 rel. to duty
of county com'rs at election & identification of voter. 2§
'oS ch.39, 27 F
h Wis. ^mdg. S.*98 §80: preservation of ballots by inspectors;
county clerk to destroy after 60 days; opening of ballots in case of
contest. i§ '05 ch.287, I Je
i Wis. Amdg. S.'98 §45: providing for use of pocket ballot &
coupon voting system. Vote Ap. 1906. 2o§ '05 ch.522, 21 Je
177 Ballot boxes
a Ct. Sealing of ballot boxes. 4§ '05 ch.192, 29 Je
b Vt. Amdg. S. §1 16 rel. to additional ballot boxes. i( '04 ch.6, xo D
178 Booths
a Me. Amdg. R.S. '03 ch.6 §22 as to arrangement of voting booths.
i§ '05 ch.148, 24 Mr
179 Challenge. Oath
a Or. Amdg. Ann.C.& S. §2875 as to swearing in vote of unregistered
elector in city of Sooo. i§ '05 ch.148, 21 F
181 Form
a Id. Amdg. '99 p.33 §48 prescribing form, type & color of elec-
tion ballots. 2§ '05 p.311, 27 F
b Me. Amdg. R.S. '03 ch.6 §10, 12: Const, amdts. & other questions
to be printed on separate ballot, 2§ *o5 ch.X35, 22 Mr
c Mich. Amdg. '91 ch. 190 §22 as to marking of ballots by inspector.
i§ '05 ch.55, la Ap
d Vt. Amdg. S. §99 as to form of ballot for town representative.
i§ '04 ch.4, 9 D
Registratioii
CONSTITUTIONAL LAW ELECTIONS x8a-87
182 Furnishing. Distributing
a Cal. Amdg. P.C. §1255 rel. to destruction of excess ballots. i§
'05 ch.2oi, 18 Mr
Z83 Harking. Assistance
a Ct. Amdg. G.S.'oa §1651 rel. to alteration of ballot by pasters.
i§ '05 ch.241, 18 Jl
Z84 Polls
a Vt. Providing poll at statehouse for certain state officials, em-
ployees & members of bar at presidential election of Nov. 1904. 5§
'04 ch.7, 4 N
b Vt. Establishment & conduct of additional polling places in cer-
tain towns. ii§ '04 ch.5, 9 D
185 Voting machines
a CoL Submitting amdt. to Const. 1876 art. 7 § 8: voting machines
may be used providing secrecy is assured; bonds may be issued to
purchase. Vote Nov. 1906. 3 § '05 ch.84, zo Ap
b Col. Regulating use of voting machines at elections. 24!
*o5 ch.ioi, 10 Ap
c Ct. Amdg. Const. 18 18 by adding section: voting machines may
be used in elections. Adopted Oct. 1905.
'03 p. 207, 20 My; *o5 ch.z9o, 29 Je
cz Mass. Vendor to give indemnity bond to city or town purchasing
voting apparatus against infringement suit; sec. of commonwealth
[& other officials] to furnish rules & instructions for its use. Amds.
'03 ch.368 §3 & R.L. ch.ii §273; rep. R.L. ch.ii §272. 2§
'05 ch.313, 20 Ap
d Mich. Voting machines: election districts; pa3rment of machine;
ballot labels & instructions. Adds §12-16 to '97-^1.61. 5§
'05 ch.217, 13 Je
e Minn. Rev. '99 ch.315 rel. to use of voting machines at elections.
9S '05 ch.267, 18 Ap
f Hcb. Use of voting machines at elections. Rep. C.S.'oj §3025 m-z.
275 *o5 ch.67, I Ap
g N. J. Rev. '02 ch. 205 regulating use of voting machines at elec-
tions. 38§ . '05 ch.215. 28 Ap
h R. I. Rep. *oi ch.859 which provides for use of voting machines.
i§ *o5 ch.1226, 21 Ap
i U. Regulating use of voting machines. 2o§ '05 ch.85, 9 Mr
j Wis. County bds in counties of 150,000 may adopt & purchase
voting machines; payment. i§ '05 ch. 269, 25 My
k Wis. Amdg. *oi ch.459 §4, 5, 8-12 rel. to use of voting machines:
adoption to be submitted to vote. 6§ *o5 ch.495, 20 Je
Z87 Registration
a CaL Amdg.'P.C. {1204: voter's signature at poll to be compared
with that in register. i§ '05 ch.230, 18 Mr
b CoL Registration of voters in counties & mimicipalities. 26§
'05 ch.ioo, 5 Ap
c Del. Amdg. '98 ch.36 J 16 rel. to time of holding appeals from de-
cision of register of elections. i§ *o5 ch.56 20 Mr
Election officers
Z87-92 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
d Id. Amdg. '99 p. 33 § 32, 34 rel. to registration: publication of no-
tice; days of registration; exam, of applicant; elector's oath; regis-
ter. 2§ '05 p.380, 8 Mr
e Kan. Amdg. G.S.'oi §675: reregistration of voter unnecessary
where residence remains unchanged if vote has been cast continu-
ously. 2§ *o5 ch.103, 8 Mr
f Ncv. Amdg. '69 ch.90 §2,3,5 rel. to form of register of voters;
oath on registration. 3§ '05 ch.89, 16 Mr
g U. Amdg. R.S. '98 §800-1, 816, 868 rel. to registering voters. 4$
*o5 ch.128. 17 Mr
h Wash. Amdg. '90 p.414 §2-3, 7, 13-14 rel. to open entries in
& certification of poll book; registration in city of ist class. 5§
'oS ch.171, II Mr
i W. Va. Rev. C. ch.3 §91-100 rel. to registration of voters. ii§
'05 ch.43, 17 F
j Wis. Provisions of S.'98 §23 rel. to registration of electors to ap-
ply to gen. & mun. election & annual town meetings on submission
to vote of people. Adds §23a. 2§ '05 ch.4S4, 19 Je
z88 Boards. Officers
See also 192, Election officers
a Id. Registrars for each ward or election precinct of city or village
to be appointed annually; exception. 5§ '05 p.36, 10 Mr
b N. M. Amdg. C.L.'97 §1711 rel. to compensation of member of
bd of registration for gen. election. 2§ '05 ch.40, 8 Mr
1 190 Lists. Transfers
a Cal. Amdg. P.C; §1149 rel. to posting of precinct register at polls.
i§ *o5 ch.203, 18 Mr
b Cal. Amdg. P.C. §1115 : index of great register to contain occupa-
tions of electors. i§ '05 ch. 2 65, 18 Mr
c Cal. Roster of voters to be preserved on file for i yr after election.
Adds P.C. §i264a. i§ '05 ch.473. 21 Mr
192 Election officers
a 111. Amdg. '72 p.380 §32-33, 37 rel. to appointment of election
judges; clerks. 3§ '05 p. 2 02, 18 My
b Ky. Clerk of Circuit Court in county containing 2d class city to
act on bd of election com'rs with power of sheriff. '04 ch.93, 22 Mr;
amdg. *oo ch.5 §2 (ex. sess.). Unconst. Arbitrary classification;
special legislation. Droege v. Mclnemey 87 S. W. 1085 (1905)-
c N. C. Amdg. '01 ch.89 §62: county may allow election officers ad-
ditional compensation. i§ '05 ch.434, 4 Mr
d Wis. Amdg. S.'98 §47 subdiv.i: election inspectors to be chosen
from list submitted to village president or city mayor, by city or county
committees of 2 parties casting largest vote at last gen. election;
penalty. Adds subdiv.5. 3§ '05 ch.432, 19 Je
Prosecution
CRIMINAL LAW PROCEDURE I94-204
194 Canvass. Contests
195 Count. Canvass. Returns
See also xpa. Election officers
a CaL Amdg. P.C. §1264 rel. to election returns. i§
'05 ch.202, 18 Mr
b 111. Rules for canvassing ballots. 2§ '05 p.2o'S, 13 My
c 111. Amdg. '91 p. 107 §17 rel. to rules for counting votes for repre-
sentative to Gen. Assembly. 2§ '05 p.206, 13 My
d Ind. Composition & duties of county & city bds of election can-
vassers; appeals to circuit judge; inspector of elections; petitions
for nomination. 135 '05 ch.113, 4 Mr
e Mich. Amdg. '95 ch.149 §4 rel. to canvass of election returns. i(
'05 ch.43, 6 Ap
i N. Y. Amdg. election law '96011.909 §113 subdiv.i: county clerk
may destroy election papers after 3 yrs unless district atty. or judge
of Court of Record forbids. i§ '05 ch.165, 8 Ap
g N. C. Amdg. '01 ch.89 §40: summoning bd of senatorial election
district to determine result judicially; form of certificate of election.
i§ '05 ch.Sio, 6 Mr
h S. C. Amdg. C.C. §221 rel. to forwarding election returns to Gov.
& Sec. of State. i§ '05 ch.484, 7 Mr
196 Contests
a Ct Amdg. G.S.*o2 §1823 rel. to contested mun. election. i§ *
'05 ch.i35, 15 Je
300 CRIMINAL LAW
Penal Code and Code of Criminal Procedure
a Ind. Rev. Bums Ann.S.'oi ch.4, 5 rel. to crimes & criminal pro-
cedure. 699 § '05 ch.169, 10 Mr
20a Criminal procedure
For laws applying to both civil and criminal procedure see 695, Civil procedure
303 Apprehension, prosecution, indictment
See also 706, Civil arrest
a Mo. Preliminary exam, of person accused of capital offense ; bail.
Adds R.S.'99 §2476a. i§ '05 p.132, 12 Ap
b S. D. Amdg. C.C.P. §560-61, 564-66 rel. to prosecution of criminal
action against corp.; form of summons; preliminary exam.; indict-
ment. 6§ ' '05 ch.87, 7 Mr
c Tex. Amdg. Crim.P.'95 art. 2 58-59 rel. to issuance & execution of
warrants of arrest. 3§ '05 ch.162, 22 Ap
304 Apprehension
a Cal. Amdg. Pen.C. §840: officer may arrest at night for msdr.
committed in his presence. i§ *oS ch.S3o, 21 Mr
Prosectttion^
204-9 N. Y. STATE LIBRARY INDEX OP LEGISLATION I90S
b Kan. Amdg. '03 ch.x22 §103, Z12, xi8, 120 rel. to arrest on war-
rant from Police Court; bail; forfeiture. 5§ *o5 ch.iio, 9 Mr
c N. C. Nolle prosequi to be entered if person indicted, is not appre-
hended for 2 terms of court ; capias to issue thereafter on reasonable
grounds to believe arrest possible. 4§ '05 ch.360, 2 Mr
205 Bloodhounds
a Fla. Amdg. '01 ch.40: county com'rs may purchase a or more
bloodhotmds for use by sheriff. 3§ '05 ch. 44, 15 My
b Ga. Sheriff to keep 2-4 bloodhotmds for tracking criminals. 2}
*o5 p. 106, 22 Ag
206 Detectives
a H. J. Public prosecutor in coimty of ist class may appoint with
approval of Court of Quarter Sessions 10 detectives; powers. 4§
*o5 ch.190, 27 Ap
b N. Y. District atty. of Rensselaer to appoint county detective;
$1800; powers of constable in Rensselaer & adjoining counties. x(
*o5 ch.140, 5 Ap
c Pa. Special detectives may be appointed by district atty. in coim-
ties of 500,000-1,000,000. 4§ '05 ch.io, i Mr
Identification, see 369
208 Reward
a Cal, Amdg. Pen.C. J 1547: Gov. may offer reward not exceeding
$1000 for arrest of highwayman. Rep. '76 ch.566. i§
'05 ch.248. 18 Mr
b Kan. County may offer reward of $300 for arrest & conviction of
felon. i§ '05 ch.360, 3 Mr
c Kan. County may offer reward of $100 for arrest & conviction for
killing fish by illegal methods. i\ '05 ch.361, 7 Mr
209 Bail
a Cal. Amdg. Pen.C. §1476: judge may admit prisoner to bail
pending determination of proceedings under habeas corpus, i §
*o5 ch.376. 20 Mr
b Cal. Amdg. Pen.C. §1305-7 rel. to forfeiture of bail in criminal
case. 3§ ' *o5 ch.539, 21 Mr
c Kan. Amdg. G.S.'oi §5585 as to approval of recognizance to ap-
pear for trial before Court of Record. 2§ *o5 ch.335, 18 P
d Mich. Amdg. R.S.*46 ch.98 §20-22 rel. to surrender of defendant
on bail. 3§ *o5 ch.215, 13 Je
e Neb. Amdg. C.S.'o3 §75o6: justice of peace, magistrate, pr^taU
judges & ministerial officers required to take security on vmdertakings,
bonds & recognizances, may require surety to make affidavit of quali-
fications; liability for insufficient surety. 2§ *o5 ch.179, 3 Ap
f Neb. Amdg. Ann.S.'o3 §2401 rel. to bond given in peace warrant
cases : when defendant before or at hearing enters into recognizance
with approved surety to keep peace for any time under yr, court may
not require bond for reappearance. 2§ '05 ch.205, 3 Ap
g N. H. Amdg *95 ch.37 §5 rel. to fee of bail comr's. i§ '05 ch.9, 8 P
Prosecutions
CRIMINAL LAW PROCEDURE 209-13
h Okl. Amdg. S. '03 §5769, 5772: clerk of District Court or deputy
or judge of court authorized to arrest & imprison offender may take
bail in criminal case; clerk of District Court or deputy may justify
sureties on bail bond. 2§ '05 ch.29 art. 2 §2, 3, 15 Mr
i S. D. Amdg. C.C.P. §171: justification of sureties on arrest &
bail may be taken before clerk of Circuit Court in county where action
is pending. a§ '05 ch.94, 8 Mr
21 z Habeas corpus
a CaL Amdg. Pen. C. §1475: prisoner remanded by Superior Court
judge after hearing on habeas corpus to be discharged only on new
evidence, ij '05 ch.544, 21 Mr
b Ind. Amdg. *8i ch.38 §655: Circuit Court to provide for custody
of infant pending appeal from interlocutory order on habeas corpus.
i5 '05 ch.i6i, 7 Mr
c Tex, "An act to authorize Supreme Court & justices thereof, to
issue writs of habeas corpus in certain cases." 2§ 'osch.i7,24P
2iz(5 Limitations
a Mo. Amdg. R.S.*99 §2419 rel. to limitation of criminal prosecu-
tion. i§ '05 p. 130, 6 Mr
2X3 Prosecutions
a Fla. Justice of peace & county judge sitting as committing magis-
trate to bind over witness for next grand jury by giving memoranda
of date of meeting; form of memoranda. 3§ '05 ch.30, 5 Je
b Minn. District Court may proceed on information if prisoner is
held for trial after exam, or if he states in writing desire to plead
guilty. 5§ '05 ch.231, 17 Ap
c Ho. Amdg. R.S.'99 §8541: suit to recover fine for dealing with-
out license may be begun by information. i§ *o5p.2i8,ioF
d Neb. Amdg. C.S.'o3 §692: cotmty atty., if possessed of sufficient
evidence to warrant belief of guilt, to file complaint. '05 ch.7, 29 Mr
e Vt. Amdg. S. §1867: state's attys. may prosecute by informa-
tion all crimes except those punishable by death or imprisonment for
life [more than 20 yrs]. i§ '04 ch.64, 16 N
213 Grand jury
a CaL Amdg. C.C.P. §241 rel. to impaneling of grand jury. i§
'05 ch.137, 18 Mr
b Gal. Amdg. Pen.C. §915, 919, 923, 925 rel. to powers of grand jury
& procedure in investigating charge. Rep. §907-10, 916, 931-37. 6§
'05 ch.S3i, 21 Mr
c H. Y. Amdg. Crim.P. §264: assistant district atty. or appointee
of Supreme Court justice may be present to advise grand jury. i§
*o5 ch.286, 22 Ap
d "i N. D. Amdg. R.C.'99 §7989 rel. to mode & time of drawing grand
jury. i§ *o5 ch.126, 23 F
Trials. Evidence
213-19 N. Y. STATE LIBRARY INDEX OF LEGISLATION I90S
e S. D. Amdg. C.C.P. §194: if grand jury is to consider indictment
of Atty. Gen. court shall appoint special atty. to act on the charge. 2§
'05 ch.86, 7 Mr
f S. D. Amdg. C.C.P. §162 rel. to sunmioning of grand jury at sit-
ting of Circuit Court. 2§ '05 ch.92, 8 Mr
g W. Va. Amdg. C. ch.157 §1: grand jury may be dispensed with
at certain regular terms of Circuit Court. i§ *o5 ch.86, 22 F
h Wis. Amdg. '03 ch.90 §3 : grand jury to be in office till discharged
by presiding judge [for term] of court, i § '05 ch.498, 20 Je
214 Indictment
a Cal. Amdg. Pen.C. §168 rel. to penalty for wrongful disclosure of
fact of indictment having been fotmd. i§ '05 ch.489, 21 Mr
b N. J. Where city ordinance provides penalty for keeping disorderly
house, offense of repeated unlawful sales of liquor to be prosecuted
under it & not by indictment. '74 ch.404 §2, 26 Mr. Unconst. No
person to be tried for criminal offense without presentment or indict-
ment of grand jury. State v. Terry 61 A. 148 (1905).
c N. M. Meaning of term "money" in indictment. 2§
'05 ch.129, 16 Mr
216 Criminal trials
a Cal. Amdg. Pen.C. §872, 882 rel. to commitment after exam, of
person accused of crime; use of deposition of witness taken before
trial. 2§ *o5 ch.570, 22 Mr
b. Cal. Amdg. Pen.C. §954, 1004, 1008, 1020 rel. to pleadings in
criminal case. Adds §969, 1025. 6 § '05 ch.574, 22 Mr
c Minn. Amdg. G.S.'94 §7156; exam. & recognizance of person
arrested for crime to be certified to court within 10 days [on or before
1st day of term]. i§ *o5 ch.179, 15 Ap
2X7 Change of venue or judge
a Cal. Amdg. Pen.C. §1033-34 rel. to change of venue of criminal
trial; procedure. 2§ '05 ch.532. 21 Mr
b Mo. Amdg. R.S.'99 §2597: trial judge in criminal case incompe-
tent through interest to request circuit or crimtnal judge to act. i (
'05 p.131. 21 P
c S. D. Prosecution for crime punishable with death or imprison-
ment in penitentiary may be removed on application of Atty. Gen.
based on impossibility of securing impartial trial in cotmty. C.L.*87
§7312-18. Unconst. Accused entitled to trial in county or dis-
trict where offense was committed. In re Nelson 102 N.W. 885
(1905).
2x9 Evidence
See also 246, Perjury
a Cal. Amdg. Pen.C. §i 108, mo rel. to evidence on trial for abduc-
tion, seduction or false pretenses; proof of perjury. Adds Pen.C.
§iio3a. 3§ 'oS ch.533, 21 Mr
b Ct. Detention of witness in criminal case. 4§ '05 ch.roo, 25 My
CRIMINAL LAW PROCEDURE
c Id. Amdg. R.S.'87 §7576: examination of witnesses must be taken
m cases prosecuted by information, unless right waived by accused;
record of evidence. i§ '05 p. 376, lo Mr
220 Competence
a Fla. Testimony given by witness in prosecution for violation of
bribery, gambling & liquor laws not to be used. against him. i§
'05 ch.29, I Je
221 Depositions
a Cal. Amdg. Pen.C. §1335-41 rel. to conditional exam, of witness
in criminal case; procedure to obtain order. 7§ *os ch.540, 21 Mr
222 Experts
a S. C. Medical expert testifying for state at criminal trial to re-
ceive $5 in addition to regular witness fee; proviso. i§
*o5 ch. 457, 21 F
223 Witness fees
a* Id. Witnesses before examining magistrates, & in criminal cases
before Probate & Justice Court, also jurors & witnesses in coroner's
inquest to receive $2 a day & 25c mileage one way; proviso. 3§
'05 p.173. 9 Mr
b Minn. Amdg. '95 ch.241 rel. to witness fees of mun. or cotmty
official in suit where state or corp. employing is party, i §
'05 ch.141, II Ap
c Okl. Fixing fees of witness attending District Court on trial of
felony. 5§ '05 ch.19 art. 3, 13 Mr
224 Judgment. Sentence. Execution
a Cal. Amdg. Pen.C. §1185-87 rel. to arrest of judgment in crimi-
nal case. 3§. *o5 ch.S36, 21 Mr
b Cal. Amdg. Pen.C. §1387: dismissal of action bar to further
prosecution for msdr. unless made to amend complaint. i§
'05 ch.558, 21 Mr
c Cal. Amdg. Pen.C. §1191, 1201, 1206-7 rel. to time for pronounc-
ing judgment in criminal trial; stay for cause; entry; fine tvith or
without aUernative of imprisonment lien on property. 4§
'05 ch.571, 22 Mr
d Me. Amdg. R.S.*o3 ch.135 §26 rel. to sentences; when imposed;
stay of execution; effect of admitting to bail. i§ '05 ch. 106, 21 Mr
225 Appeals. New trial
a Cal. Amdg. Pen.C. §1147 as to retrial of action when complete
jury fails to appear to render verdict on criminal case, i §
'05 ch.534, 21 Mr
b CaL Amdg. Pen.C. §1182: order granting or denying motion for
new trial to be entered immediately on minutes. '05 ch.535, 21 Mr
c Cal. Amdg. Pen.C. §1235, 1238, 1240-41, 1245, 1264 rel. to crimi-
nal appeals. 6§ '05 ch.538, 21 Mr
Judgment
MS-26 N. Y. -STATE LIBRARY INDEX OF LEGISLATION I905
d Cal. Amdg. Pen.C. §1171, 1174, 11 76 rel. to bill of exceptions in
criminal case. 3§ '05 ch.569, 2a Mr
e Ct. Amdg. G.S.'oa §1439 ^^^' ^^ appeals in criminal cases: recog-
nizance. 2§ *o5 ch.i88, 29 Je
f Ct« Amdg. G.S.'o2 §1439 rel. to appeal in criminal cases. i§
'05 ch.234. 13 Jl
g Ind. Appeal from conviction for felony in Mun. Court without
bond or stay of proceedings if taken within 3 days; filing of record.
i§ '05 ch.5, 13 F
h Ind. State may appeal from decision on trial for msdr. as to suffi-
ciency of affidavit, information or indictment or on ruling of law. i §
•05 ch. 135, 6 Mr
i La. Appeal from conviction & fine of $1000 in City Court for slan-
der to be taken to District Court. '88 ch.ii8, 12 Jl. Unconst, Su-
preme Court has jurisdiction of appeals of $300. State v. Judge of
ist Dist. Court. 37 S.546 (1904).
j Mass. Amdg. R.L. ch.2 19 §22: person convicted before Police,
District or Mun. Court or trial justice to be notified at time of con-
viction of right to appeal. i§ '05 ch. 319, 21 Ap
k Okl. Amdg. '95 ch.41 §40 rel. to appeals from justice of peace &
police judge in criminal cases. 2§ '05 ch.29 art.i, 15 Mr
m Okl. Amdg. S'03 §5612 rel. to appeal of defendant in criminal
cases: bail bonds & petition in error; staying of execution; jail de-
tention. i§ '05 ch.29 art.2 §1, 15 Mr
226 Expenses. Costs. Fines
a Cal. Fee of city justice of peace, town or city recorder or marshal
for service in criminal action not to be county charge. i§
•05 ch.89, 8 Mr
b Cal. Amdg. Pen.C. §1457, 1570 as to disposition of fines & for-
feitures collected in Police or City Justices Court. 2 §
'05 ch.181. 18 Mr; '05 ch.182. x8 Mr
c Ct. Estimate of costs in criminal cases & drafts for amount on
Compt. i§ *o5 ch.94, 20 My
d Me. Imprisonment in defatdt of fine terminated by payment, i}
'05 ch.156, 24 Mr
e Mo. State or cotmty to pay for transcript of stenographic notes in
criminal appeal on writ of error if defendant is unable to do so. Amdg.
R.S.'99 §10120. i§ '05 p.306, 20 P
f Neb. Coimty bds to pay uncoUectable costs in msdr. & peace war-
rant causes; costs allowed only on approval of suit by county atty.
Rep. C.S.'o3 §8289. 2§ '05 ch.207, 30 Mr
g N. C. On compliance with court order clerk may discharge mort-
'gst,ge given as security for appearance or costs or fine in criminal
• action. 2§ *o5 ch. zo6, 4 P
h Pa. To prevent taxation of imnecessary costs in criminal cases.
4§ '05 ch.17, xo Mr
i Pa. Court may order coimty to pay costs on entering a nolle
prosequi or setting aside verdict in criminal case. 3 ( '05 ch.x xo, X4 Ap
Jury. Jurisdiction
CRIMINAL LAW PROCEDURE 326-33
j R. L Amdg. G.L.ch.j85 §60: criminal costs may be remitted by
justice of Superior [Supreme] Court, or of District Court where case
pending [in county where convict imprisoned]. 2§
*o5 ch.1341, 10 My
k Tenn. Amdg. '03 ch.i 14 rel. to collection of costs & fees in criminal
cases in counties of 60,000-90,000: provisions extended to counties
of 150,000. 2§ '05 ch.215, 8 Ap
m Tenn. Amdg. '97 ch.41 §2: Atty. Gen.'s fees not to be remitted or
released but taxed in bill of costs of criminal cause, i §
'05 ch.533. 17 Ap
327 Counsel and expenses of poor prisoner
a Wis. Amdg. S. '9 8 §4713: compensation allowed to counsel ap-
pointed by court to defend indigent prisoner to be paid by coimty
treasurer on certificate of clerk of court. i§ '05 ch 18, 17 Mr '
338 Sentence
S€€ also 353, Commitment; 363, System of sentencing and reform
339 Death penalty
a CaL Amdg. Pen.C. §1214, 1221-27 rel. to execution of judgment in
criminal case ; insanity or pregnancy of convict . 8 § *o S ch. 5 3 7 , 2 1 Mr
b Ct Amdg. G.S.*o2 §1525 as to time of infliction of death penalty:
reprieve. i§ *o5 ch.210, 6 Jl
c Minn. County to pay expense of executing death sentence, i §
*o5 ch.290, 19 Ap
d Wy. "An act concerning execution of death penalty, prescribing
time, place & manner of inflicting; place of confinement ... execu-
tioner, duties of various officers. . . " i7§ '05 ch.ii, 7 F
330 Jury
5## also 726. Civil procedure fDM
a Id. Witnesses before examining magistrates, & in criminal cases
before Probate & Justice Court, also jurors & witnesses in coroner's
inquest to receive $2 a day & 25c mileage one way; proviso. 3§
'05 p.173. 9 Mr
b Ind. Jury in criminal trial may be impaneled in adjoining county
if court be satisfied that local jury would be biased. 5§
'05 ch.88, 4 Mr
23X Challenge
a Id. Defendant in criminal cases given exception to ruling dis-
allowing challenge to panel of jury or to individual jurors for certain
causes. i§ '05 p.328, 16 F
233 Criminal jurisdiction
a Cal. Amdg. Pen.C. §777, 784, 789 rel. to jurisdiction over offenses
& crimes. Adds §778a-b. 5§ '05 ch.529, 21 Mr
b La. Prisoner may be tried in parish within 100 yds of boundary line
of which offense was committed. R.S. §988. Unconst. Const, art. 9
provides that trial shall be in parish where offense was committed.
State V. Montgomery 38 S.949 (1905).
Government
334-50 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
*3* Crimes and offenses
Penalties incidental to enforcement of statutes are not duplicated here, but refer-
ences to them will be found in the subject index under Penalties
236 Crimes against the govemment
238 Administration of justice
240 Contempt of court
a N. C. Amdg. C. §649 rel. to appeals from judgment of contempt of
court. 2§ '05 ch.449, 4 Mr
242 Escape of convict
Aiding or permitting escape. For arrest and punishment of convict sm 35a
a Cal. Amdg. Pen.C. §109-10 reL to penalty for aiding escape from
prison, jail or reformatory, 2§ *oS ch. 484, 21 Mr
b Cal. Penalty for communicating with convict or giving him
weapon or poison ; felony for ex-convict to approach prison at night ;
tramps. Amds. Pen.C. §171; adds §i7ia-c; rep. §i8oa. 5§
*o5 ch.490, 21 Mr
c N. C. Amdg. C. §1022 : officer allowing escape of prisoner may be
fined & imprisoned, i§ '05 ch.350, 2 Mr
d Tex. Amdg. Pen.C. art. 2 29 rel. to penalty for aiding escape from
officer of prisoner convicted of msdr. i§ *o5ch.i57,i8 Ap
c Wash. Amdg. '91 ch.147 §28 rel. to penalty for giving weapon or
means of escape to prisoner in penitentiary. 2§ '05 ch. 46, 2 Mr
f W. Va. Felony to abduct inmates & msdr. to induce escape, or tres-
pass on grounds of state benevolent, penal or reformatory inst. 5§
•05 ch.73, 14 P
246 Perjury
a Cal. Amdg. Pen.C. §119, 121, 124, 129 rel. to perjury & suborna-
tion to perjury. Adds §ii8a. 5§ '05 ch.485, 21 Mr
b Tex. Child under 9 yrs may be convicted of perjury on proof of
sufficient discretion to understand oath. Amds. Pen.C. '95 art.34.
i§ 'o5ch.59, jAp
250 Bribery
Se9 also 96, Legislature; 149, Corrupt practices
a Cal. Amdg. Pen.C. §165 rel. to penalty for offering bribe to mem-
ber of local governing bd & for acceptance of same, i §
'05 ch.488, 21 Mr
b Col. Amdg. G.S.*83 §790-92 as to bribery of alderman or member
of city cotmcil. 3§ *o5 ch.95, 10 Ap
c Id. Witnesses in bribery cases not to be excused on grotmd of self-
incrimination ; proviso. i§ *o5p.4i6,7 Mr
d Kan. Amdg. G.S.'oi §2190 rel. to bribery of public officer. 2§
'05 ch.205, 8 Mr
c Neb. Amdg. C.S.'o3 §7830: imprisonment j-§ yrs [$500 & 30
days in county jail] for any person summoned, appointed or sworn
as a juror who takes or agrees to take bribe; proviso. 2§
'05 di.191, 30 Mr
Public order
CRIMINAL LAW CRIMES AND OFFENSES 250-60
f Neb. Unlawful for person to give or take bribe for signature desig-
nating paving material to be used in highway improvement, i §
'05 ch.192, 3 Ap
g Neb. Amdg. C.S.'o3 §7840: penalty, $300 — $500, and i yr im-
prisonment in penitentiary for giving, taking, or soliciting of bribe by
public officer [officers designated]. 2§ '05 ch.193, 3 Ap
h Neb. Amdg. C.S.*o3 §7829: penalties for bribing juror or witness,
$500 or [and] imprisonment of 1-$ yrs in penitentiary [not exceed-
ing 30 days in coimty jail]. 2§ '05 ch.190, 4 Ap
i Okl. Defining & punishing bribery of public officer. 3§
'05 ch.13 art.7, 21 P
j S. C. Penalty for giving or taking bribe. i\ '05 ch.467, 4 Mr
k U. Amdg. R.S.'98 §4136: felony [msdr.] to bribe or attempt to
bribe witness or one about to he called as witness. 1} '05 ch.46, 8 Mr
352 Flags: desecration
a Col. Msdr. to desecrate U. S. flag by advertisement or otherwise.
2$ *o5 ch.io7, 10 Ap
b Ct. Amdg. G.S. '02 §1386 rel. to prohibition of use of U. S. flag:
exceptions. i§ *o5 ch.200, 29 Je
c W. Msdr. to desecrate, mutilate or use U. S. flag improperly. 3§
'05 p.328, 16 F
Msdr. to desecrate U. S. flag by advertisement or otherwise.
'05 ch.2o8, 2$ F
Msdr. to desecrate U. S. flag by advertisement or otherwise.
'05 ch.63, 2 Mr
Msdr. to use U. S. flag improperly. i§ '05 ch.200, 3 Ap
Defining permissable use of U. S. flag. i§ '05 ch.201, 3 Ap
Amdg. Pen.C. §640 subdiv. 16 as to penalty for desecration
of U. S. flag by advertising matter or otherwise. 1 § *o5 ch.8o, 2 1 Mr
1 N. Y. Amdg. Pen.C. §640 subdiv. 16: possession of substance or
thing with U. S. flag on it desecrated by advertising matter presump-
tive evidence of violation of law. i§ '05 ch.440, 16 My
j Wy. Msdr. to desecrate national or state flag by advertisement or
otherwise. i§ '05 ch.47, 15 F
256 Crimes against public order and security
See also 870, Public order
258 Disorderly conduct
a Cal. Amdg. Pen.C. §302 rel. to disturbing religious meeting. i§
'05 ch.499, 21 Mr
260 Vagrancy
a Fla. Amdg. R.S. '92 §2642-43 rel. to vagrants : definition ; arrest. 2 §
'05 ch.48. 29 My
b Ga. Amdg. Pen.C. '95 $453 as to punishment of vagrancy. 3§
'05 p. 109, 23 Ag
c Mass. Cities & towns providing lodging for tramps, to make lodgers
work. 1$ 'oS ch.344, 26 Ap
d
Kan.
3§
6
Hon.
3$
f
Neb.
g
Neb.
h
N. Y.
^blic morals
360-70 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
d Mass. Amdg. '04 ch.274 §1 : tramps or vagrants received in work
or alms house without commitment to be kept separate from pauper
inmates. i§ '05 ch.348, 28 Ap
e N. C. Defining & providing penalty for vagrancy. Rep. C. §3834.
4§ '05 ch.391, 4 Mr
263 Weapons
Ste also 1 1x8. Air gmiB, etc.
a Ari. Amdg. Pen.C. J384 rel. to penalty for canying concealed
weapons. 3§ *o5 ch.48, 16 Mr
b Kan. Msdr. to manufacture or sell "knucks. "2§ '05 ch.212, 2a P
c N. J. Msdr. to carry concealed weapon in public; permits 25c. Sup-
plements '98 ch.235. 2$ '05 ch.172, 18 Ap
d N. Y. Amdg. Pen.C. §409-10 rel. to carrying weapons; legal age
for use made uniform at 16; permits. 2§ '05 ch.92, 22 Mr
e Tex. Amdg. Pen.C. '95 art.338 rel. to canying arms: penalty,
fine not less than $100 [$25] or imprisonment jo days to 12 mo,
[10 to 30 days]. i§ '05 ch.44, 27 Mr
f U. Msdr. to give or sell firearm to minor under 14 or for latter to
carry same without consent of parent or guardian . 2 § '05 ch. 52,9 Mr
g Vt. Prohibiting sale or gift of firearm or dangerous weapon to
minor under 15. 2§ '04 ch.iS2, 10 D
264 Crimes against public morals and the family
5m also 895. Cruelty to children and animals; 929, Sunday observance
a Cal. Penalty for open & notorious fornication & adultery. Adds
Pen.C.269a-b. 2§ '05 ch.498. 21 Mr
266 Abortion
a Ct Amdg. G.S.'o2 §1157 rel. to encouragement of commission of
abortion. 15 '05 ch.167, 21 Je
b Mass. Amdg. R.L. ch.212 §16: penalty for publishing means to
secure aid to cause miscarriage or to prevent pregnancy, i (
'05 ch.316, 21 Ap
c Wis. Person not to be excused from testifying in prosecution for
abortion ; witness to be immime from prosecution, i § *o5 ch. 149, 3 My
a68 Adultery
a Id. Defining adultery; penalty. i§ '05 p. 394, 17 P
b Neb. Amdg. C.S. '03 (7872 increasing penalties for adultery, a}
'05 ch.194, 28 Mr
270 Bastardy
a Mass. Amdg. R.L. ch.82 §12 as to discharge of defendant in bas-
tardy case where complainant neglects or refuses to prosecute, x §
•05 ch.345. 26 Ap
b N. Y. Amdg. Crim. P. §840 rel. to application for inquiry into birth
of bastard likely to become public charge. i§ *os ch.327, 25 Ap
Public nunak
CRIMINAL LAW CRIMES AND OFFENSES 270-88
c Wis. Amdg. S.'pS 51S36: father of illegitimate child failing to give
txtnd with approved securities for support of child & expenses of trial
to be committed to cotinty jail or to county workhouse or house of
correction. i§ '05 ch.iio, 22 Ap
d Wis. Amdg. 8/98 54S87c: penalty for failure of person adjudged
to be father of illegitimate child to provide for same. - i §
*oS ch.i3r, 29 Ap
c Wis. Amdg. S.*98 5i53i, iS33, 1S40, 1542 rel. to bastardy proceed-
ings. 4§ *oS ch.136, 29 Ap
272 Bigamy
See also 139, Suffrage
A Cal. Amdg. Pen.C. §283-84: maximtun ptmishment for bigamy
$§000 [$2000] & 10 [3] yrs. 2§ '05 ch. 2 7 2, 18 Mr
274 Fornication
a Or. Fornication & its punishment, ij '05 ch.ix9, 18 F
278 Indecency
A Col. Person over 14 taking indecent liberties with child vmder 16
guilty of felonious assault. i§ '05 ch.94, 6 Ap
b IlL Felony to commit lewd or lascivious act with child, ij
'oS p.i88, II My
282 Polygamy
A Id. Defining polygamy; penalty, ij '05 p. 293, 17 F
286 Rape
A Del. Amdg. R.C. ch.127 §11: imprisonment for assault with intent
to commit rape, 20 [10] yrs. i§ '05 ch.203, 29 Mr
b HI. Amdg. R.S.*74ch.38 §237: male of 17 [16] having carnal
knowledge of female of j6 [14] not his wife guilty of rape; action to
abate on marriage; male 16 [14] may commit rape. i§
'oS p. 193. 7 Ap
c Nev. Amdg. *6i ch.28 §44, 47: jury may aflSx death penalty for
rape or assault with intent to commit accompanied by extreme vio-
lence. 2§ 'oS ch.ss, 4 Mr
d N.J. Amdg. '98 ch.23S §113: high msdr. to assault to carnally
know girl \mder 16 with or without consent. 2§ '05 ch.157, 17 Ap
e N. J. Amdg. '98 ch.23S §115*. high msdr. for male over 16 to car-
nally know girl under 12 [16] with or without consent; penalty for
rape not to exceed $5000 [$1000] fine & 30 [15] yrs imprisonment. i§
'oS ch.159, 17 Ap
288 Seduction
A S. C. Msdr. to seduce woman under promise of marriage; pro-
visos. i§ *o5 ch.464, 22 F
b Wash. Amdg. Ballinger's Ann.C.& S.*97 §7066: prosecution for
seduction stayed by marriage may be revived for nonsupport or deser-
tion within 3 yrs. i§ *oS ch.33, 24 F
Persons. Property
292-3x2 N. Y. STATE LIBRARY INDEX OP LEGISLATION I90S
292 • Crimes against persons
294 Abduction
a Cal. Aradg. Pen.C. §207 rel. to definition of kidnapping. i§
'oS ch.493, 21 Mr
b Vt. "An act defining & punishing kidnapping," Rep.S. S4912.
2§ ' '04 ch.149, 29 N
c W. Va. Amdg. C. ch.144 §14 as to seizure & secretion of child
under 14 for purposes of extortion. i§ '05 ch.74, 24 F
296 Assault
a Del. Amdg. R.C. ch.127 §6: imprisonment for assault with in-
tent to murder, 20 [5] yrs, i§ *oS ch.202, 29 Mr
b Or. Amdg. Ann.C.& S. §1772: wife-beating may be ptmished
by whipping; procedure in assault case before justice of peace. x§
'05 ch.203, 22 P
299 Careless shooting
a Miim. Amdg. G.S.'q4 §6445: shooting person in mistake for
animal manslaughter in ist degree. i§ '05 ch. 125, 7 Ap
304 Homicide
a Ct. Amdg. G.S. '02 §1143: fine or 75 [and 10] yrs imprisonment for
manslaughter. i§ '05 ch.163, 21 Je
b Kan. Amdg. G.S.'68ch.3i §19 rel. to definition of manslaughter
in 3d degree. 2§ *o5 ch.213, 17 F
c Me. Amdg. R.S.'o3 ch.119 §2: neglect of child resulting in death
manslaughter. i§ '05 ch. 1S3, 24 Mr
308 Crimes against property
a Cal. Amdg. Pen.C. §27 rel. to punishment for larceny, robbery or
embezzlement committed out of state. i§ '05 ch.478, 21 Mr
3x0 Arson. Destruction by explosives
a Cal. Amdg. Pen.C. §601 rel. to malicious use of explosive to des-
troy or injure property. i§ *oS ch.S2S, 21 Mr
b Cal. Amdg. Pen.C. §600: arson to bum telephone pole, ij
'05 ch.S49, 21 Mr
c Id. Felony to destroy building or equipment of light or power
plant by explosive. i§ '05 p. 2 20, 8 Mr
d N. M. Defining arson penalties. Rep. C.L.'97 §1101-2, 1 108.
4§ '05 ch.29, 3 Mr
e Or. Amdg. Ann.C.& S. §1783: husband burning wife's property
guilty of arson. i§ *oS ch.S4, 10 F
f Pa. Amd^. '60 ch. 374: penalty for felonious use of high explo-
sive in housebreaking. i§ '05 ch.189, 22 Ap
3x2 Burglary
a DeL Felony to enter inhabited or uninhabited building at night
& commit burglary by use of explosive. 2§ '05 ch.204, 3 Ap
b Fla. Amdg. R.S.'92 §2434-37 rel. to penalty for burglary by per-
son carrying high explosives or by use of explosives; breaking rail-
road car after entering with felonious intent. 4§ 'oS ch.40, 15 My
Property
CRIMINAL LAW CRIMES AND OFFENSES 313-20
c Elan. Amdg. G.S.'oi §2059-60 rel. to definition of burglary in 2d
& 3d degrees. 3§ '05 ch.206, 25 P
d Minn. Amdg. G.S.*94 §6677 rel. to definition of burglary in ist
degree, ij '05 ch.210, 17 Ap
e Neb. Penalty for breaking & entering building to commit felony,
or steal property. Rep. C.S.*o3 §7689,7694. 3§ '05 ch.184, 4 Ap
f Pa. Msdr. to have burglar's tools in possession. i§
*o5 ch.2i, 14 Mr
g U. Amdg. R.S.*98 §4334-38 rel. to burglary: defining ist & 2d
degrees; penalties. S§ '05 ch. 19, 24 F
3x6 Counterfeiting. Forgery
Sgg also X339. Tickets
a Cal. Amdg, Pen.C. §470, 474, 481-82 rel. to forgery & counter-
feiting. 4§ 'oS ch.sis, 21 Mr
b U. Amdg. R.S.'98 §4343 rel. to forgery & counterfeiting. i§
'oS ch.3. 6 P
3x8 Defrauding liverymen and hotel keepers
a Ari. Penalty for defrauding innkeeper for board or lodging. i§
*o5 ch.io, 21 F
b Mich. Penalty to defraud livery stable keeper. 3§
*o5 ch.269, 16 Je
c Minn. Amdg. G.S.*94 §7999: msdr. to defraud hotel, lodging or
boarding house keepers; lien on baggage. 2§ *o5 ch.32S, 19 Ap
d N. J. Msdr. to fraudulently obtain board or lodging or surrep-
titiously remove baggage. Supplements '98 ch.235. i§
*o5 ch.127, 12 Ap
e N. M. Penalty for wilful injury to property or for defrauding liv-
eryman. 3§ 'oS ch.62, 14 Mr
f N. Y. Amdg. lien law '97 ch.418 §71: definition of "apartment
hotel"; lien on baggage fpr board & lodging. i§ '05 ch.206, 17 Ap
g Or. Msdr. to defraud hotel or boarding house keeper out of boaid
or lodging. 3§ '05 ch.84, 15 P
h Wy. Amdg. R.S.'99 §5i4S: surreptitious removal of baggage
prima facie evidence of intent to defraud innkeeper. i§
'05 ch.6s, 20 P
320 Electric apparatus and power: water and gas mains and meters
a Ari. Amdg. Pen.C. §527 as to malicious injury to telegraph or
telephone apparatus. i§ '05 ch. 6 5, 16 Mr
b Cal. Amds. Pen.C. §591: msdr. to maliciously injure telephone
equipment. '05 ch.S2i, 21 Mr
c Id. Msdr. to divert electric current or tamper with meters or wires.
3§ '05 p.73. 18 P
d Me. Penalty for interfering with apparatus for supplying gas or
electricity. i§ *o5 ch.112, 21 Mr
e Ncv. Amdg. '97ch.23§i: ^64 ch.86, '66 ch.17 & amdts. rel. to
protection of telegraph co. to apply to telephones. i§
'05 ch.8o, 8 Mr
Property
320-25 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
f Pa. Felony to steal electric wire. i§ '05 ch. 14, 8 Mr
g Tex. Penalty for diverting supply or interfering with electric.
water or gas meter. i§ '05 ch.105, 15 Ap
h Wis. Amdg. S.'gS §4432: penalty for causing false registration of
electric, gas & water meters. i§ 'osch.yo.iiAp
322 Embezzlement
a An. Amdg. Pen.C. §463 as to demand for return of property in
embezzlement. 2§ '05 ch.17, 24 F
b Cal. Amdg. Pen.C. (424 rel. to embezzlement & falsification of
accotmts by public officer. i§ '05 ch.Sg, 3 Mr
c CaL Felony for public official to misapply money allowed for
deputy or clerk. Adds Pen.C. §74*. '05 ch.481, 21 Mr
d Cal. Amdg. Pen.C. §512-14 rel. to embezzlement. 3§
*oS ch.520, 21 Mr
e Cal. Amdg. Pen.C. (497 rel. to bringing stolen or embezzled prop-
erty into state. i§ *o5 ch.sS4, 21 Mr
f Mich. Amdg. R.S.*46 ch.154 §29: larceny for employee of volun-
tary or limited partnership ass'n to embezzle money or wrongfully
convert property. i§ *oS ch.102, 10 My
g Neb. Amdg. C.S.*o3 §7780 rel. to embezzlement: provisions ex-
tended to factor & commission agent, also all employees. 2§
*oS ch.189, 9 Mr
h N. H. Amdg. P.S. ch.273 §17 as to embezzlement by officer or
agent of club or benevolent ass'n. i§ '05 ch.i, iF
324 False pretenses
a N. C. Amdg. C. §1027 rel. to penalty for fraudulently obtaining
money under promise to apply certain property to liquidation of debt.
i§ '05 ch.104, 4 F
b N. C. Names represented by "company " or "agent " to be dis-
closed by sign at place of business; married woman in trade to use
Christian name; noncompliance with act justifies treatment of one
in possession as owner. 3§ *o5 ch.443, 4 Mr
d S. B. Defining & pvmishing crime of making false statement. 2§
*oS ch.108, 28 F
e U. Penalty for obtaining credit by false written representations of
financial standing. i§ '05 ch.88, 9 Mr
f Wis. Penalty for making false statements to secure credit. i§
•oS ch.265, 25 My
325 Fraud (miscellaneous)
See also 459. Sale of merchandise; 15921 Advertisements
a Cal. Msdr. to make false representations as to quality or merit of
merchandise to induce purchase. Adds Pen.C. 654a. ij
'05 ch,254, 18 Mr
c Cal. Amdg. Pen.C. §529-30. S32, S37i. 537f , 538. S38a rel. to false
personation & pretenses; fraudulent removal of mortgaged property.
Adds Pen.C. §538b & rep. §537. 543 r- io§ '©5 ch.523. 21 Mr
d Mich. Amdg. R.S.*46ch.8i §10 as to fraudulent conveyance or
mortgage of goods & chattels. i§ 'oS ch.2S8, 16 Jc
Propertj
CRIMINAL LAW CRIMES AND OFFENSES 335-26
e Mich. "An act to prevent fraudulent sale & advertising for sale of
merchandise. . . " 4§ *oS ch.260, 16 Je
f N. J. Msdr. to incorporate or use corporate powers to perpetrate
fraud. Supplements '98 ch.235. 2§ '05 ch.as;, 2 Je
g N. T. Penalty for fraudulently obtaining signature to application,
or property, for degrees, secrets or membership in secret fraternity.
Adds §567a to Pen.C. i§ '05 ch.366, 2 My
i N. C. Amdg. '89ch.444§i: evidence of obtaining advances on
promise to work & failure to do so presumptive evidence of fraud.
xS '05 ch.411, 4 Mr
j R. I. Msdr. to misrepresent circulation of newspaper or periodical
for purpose of securing advertising or patronage. Supplements G.L.
ch.283. 2§ 'oS ch.1251, II My
k S. D. Defining & punishing confidence game, & swindling by
cards. Si '05 ch.i68, 7 Mr
xn Tenn. Felony to mortgage personal property when title not in
mortgagor. 2$ '05 ch.329, 13 Ap
n Wash, Felony to draw check knowingly without funds to cover
it. i§ *oS ch.49, 2 Mr
326 Injury. Trespass. Malicious mischief
See also 468, Torts; x879« Domestic animals; 1908, Trespass (htmters); 3034, Tres-
pass (mines)
a Ari. Msdr. to have in possession instrument with intent to use for
malicious injury to person or property. Adds. Pen.C. 1523a. 2§
'oS ch.26, 9 Mr
b CaL Felony to maliciously drive foreign substance into lumber
intended for manufacture. Adds Pen.C. i593a. 2§
*o5 ch.521, 21 Mr
c CaL Amdg. Pen.C. §602 rel. to penalty for malicious trespass. Rep.
§603. 2§ *o5 ch.526, 21 Mr
d Ct. Penalty for trespassing to gather junk, rags or bones. Amds.
'03 ch.199 §1. i§ '05 ch.91, 20 My
e Me. Amdg. R.S.'o3 ch.118 §4: punishment of person entering
on land claiming authority from foreign gov't or magistrate at discre-
tion of court. i§ '05 ch.13, 17 F
f Minn. Amdg. '89 ch.209 §5 rel. to penalty for unlawfully poison-
ing animal. 2§ '05 ch.S3, 21 Mr
g Mon. Amdg. Pen.C. §1054 rel. to trespass. Adds subdiv. 7, 8. 2§
'05 ch.io, 9 F
h N. J. Malicious destruction of property to value of $25 punishable
by fine of $25 & 3 mo. imprisonment. Supplements '98 ch.239. i§
'05 ch.183, 20 Ap
i N. D. Penalty for placing substances in grain to cause injury to
threshing machines or persons; damages. 2§ '05 ch.174, 14 F
J N. D. Amdg. R.C.*99 §7569: malicious injury to haul dead ani-
mal, offensive or decaying matter on land without owner's consent, i §
'oS ch.133, 6 Mr
k Pa. Penalty for trespass on land on which warning notice is con-
spicuously posted $10. 3§ *o5 ch.124, 14 Ap
State prisons
3»^4X N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
m S. C. Penalty for certain trespassing on private land. 2§
'05 ch.453, 22 F
n U. Amdg. R.S. '98 §72: msdr. [trespass] wilfully to throw down
fence or open gate; penalty actual damage [$5 fine]. i§
'05 ch.23, 2$ P
328 Larceny and receiving stolen goods
a Ari. Amdg. Pen.C. §444 defining grand larceny. 2§
'05 ch.14, 21 P
b Cal. Amdg. Pen.C. §442 rel. to conversion of military property. i§
'05 ch.146, 18 Mr
c Cal. Amdg. Pen.C. §496 rel. to penalty for receiving, buying or sell-
ing stolen property. i§ '05 ch.553, 21 Mr
d Fla. Amdg. R.S. '92 §2441: penalty for petit larceny imprison-
ment for 6 [3] mo. or fine of $joo [$ioo]. 2§ '05 ch.39, 26 My
e Pa. Gen. allegations sufficient in indictment for larceny or for
receiving stolen property except in case of chattel. Supplements '60
ch.375. i§ '05 ch.iii, 14 Ap
f S. C. Amdg. Crim.C. §163: msdr. to enter or hide in vessel with
intent to steal. i§ '05 ch.425, 18 P
g U. Amdg. R.S. '98 §4355- possession of recently stolen property
without satisfactory explanation prima facie evidence of larceny. i §
'05 ch.63, 9 Mr
h Wash. Amdg. Ballinger's Ann. C.& S.'97 §7109 rel. to definition
& punishment of petit larceny. i§ '05 ch.77, 6 Mr
333 Robbery
See also 1333. Train robbery
a Minn. Amdg. G.S. '94 §6485: extreme penalty for robbery in 1st
degree 40 [20] yrs. 2§ '05 ch.114, 6 Ap
b S. D. Amdg. Pen.C. §294: minimum penalty for robbery in 1st
degree, i yr [10] in State Prison. 2§ '05 ch.151, 28 P
335 Corrections
BY HELEN PAGE BATES, PH D.
See also 60, State Institutions; 2140, Charities
a Fla. Amdg. '95 ch.69: provision for appointment by Gov. of 1 or
more supervisors of state convicts & convict camps for 4 yrs at $125
a mo. ; to serve under direction of Com'r of Agric. & Bd of ComWs
of State Ins.: inspection of county camps; recommendations to Bd
of Pardons; reports. 6§ *oS ch.77, 27 My
b U. Amdg. R.S. '98 §2220 rel. to composition & appointment of
State Bd of Corrections in which control of State Prison is vested.
'05 ch.ioi, 9 Mr
341 State prisons
a Cal. Rep. Pen.C. pt3 t.i ch.i rel. to State Prison. i§
'05 ch.480, 21 Mr
b Kan. Authorizing renewal for 2 yrs of contract with Oklahoma
for keeping territorial convicts at 40c a day. '05 ch.528, 26 Ja
Reformatoriei
CRIMINAL LAW CORRECTIONS 341-45
c Mass. Gov. & Council to investigate advisability of establishing
branch state prison on Nashawena island. '05 r.io6, 26 My
d Neb. Penitentiary lands to be appraised and sold by Com'r of
Public Lands & Buildings & fund used for State Penitentiary.
Adds. Ann.S.'o3 §98i3a-b. 3§ '05 ch.148, 27 Mr
c N. Y. Com'n to be appointed to inquire as to best method of
reconstructing & modernizing state prison buildings ; report to Leg.
of 1906; $3000. 3§ '05 ch.718, 3 Je
f Vt. Directors of State Prison & House of Correction to file quar-
terly reports as to employment of prisoners. 2§ '04 ch.i6o, 10 D
342 Employees
a Me. Amdg. R.S.'o3 ch.141 §4: night watchman added to list of
employees of State Prison. i§ '05 ch.109, 21 Mr
b Me. Amdg. R.S.'o3 ch.ii6 §1: salary of commissary of State
Prison & night watchman. i§ '05 ch.140, 22 Mr
c Mo. Amdg. R.S.*99 §8875: salary of penitentiary turnkey or
guard $780. i§ '05 p. 267, 13 Mr
d Mo. Amdg. R.S.'99 §8872: salary of penitentiary physician $2000
[$1200]. i§ '05P.268, 6Ap
e Or. Amdg Ann.C.& S. §3666: salary of assistant warden State
Penitentiary $1200 [$900]. i§ '05 ch.8i, 15 P
f Pa. Amdg. '29 ch. 2 04 art. 2: warden of State Penitentiary may
reside outside grounds; not to be present at inspection unless so
requested by officials. 2§ 'o5ch.i29, 17 Ap
g Vt. Salary of prison physician $300. i§ '04 ch. 166, 9 D
h Wash. Gov. to appoint chaplain for State Penitentiary; term 2
yrs; salary $1200. 3§ *o5 ch.38, 27 F
343 Reform schools and reformatories
345 Institutions for women and girls
a Cal. Whittier State School for Girls may contract & pay for care
of inmates by charitable or benevolent inst. or with private family.
6§ '05 ch.253, 18 Mr
b Ct. Commitment of girls 16-21 to private correctional inst.; per
capita charge to be paid by state as at State Industrial School for
Girls. 6§ '05 ch.233, 13 Jl
c Id. State Prison Com'rs may contract with authorities of other
state for detention of certain female convicts in penal inst. till com-
pletion of separate ward in penitentiary. 6§ '05 p. 33, 22 F
d Ind. Amdg. '03 ch.241 §13: appropriating $235,000 [$150,000]
for erection of Industrial School for Girls. i§ '05 ch.58, i Mr
c N. J. Age of commitment to State Home for Girls raised to ip
[16]. Supplements •.© ch. 190. i§ '05 ch. 240, 11 My
f Or. Appropriating $7000 annually for support & reclamation of
wayward girls between 12 & 18. 5§ '©5 ch.232, 21 F
Local institutions
34<^49 N. Y. STATE LIBRARY INDEX OP LEGISLATION I90S
346 Refonn schools
a AtL Bd of Control to manage Territorial Industrial School. 2}
'oS ch.S3, 16 Mr
b Cal. Amdg. '89 ch.108 §16-19 rel. to commitment of minor to
Whittier State Reform School; transfer of incorrigible to Preston
School of Industry. Adds §i6a-c. ii§ '05 ch.84, 7 Mr
c Fla. Commitment of children under 18 to State Reform School
at Mariana; parole; mechanical school to be established & agric. St
hortTculture to be taught. i3§ '05 ch.17, $ Je
d Ga. Establishing Georgia State Reformatory for convicts under
16; organization & government; $10,000. 26§ '05 p.127, 23 Ag
e Id. Changing name of Idaho Industrial Reform School to Idaho
Industrial Training School. 2§ '05 p. 2 2 7, 10 Mr
f Id. Amdg. '03 p.i2 §28, 31, 32, & rep. §29-30 rel. to State In-
dustrial Training School: rep. provisions providing for commitment
to school of minor from 8-18 accused of msdr., mendicancy, va-
grancy or incorrigibility ; form of commitment for felony; transpor-
tation; place of detention. Adds §42. 6§ '05 p.432, 10 Mr
g m. Amdg. 'oip.67§3: changing name of Bo)rs Home to St
Charles School for Boys. i§ *oS p.87, 13 My
h Mich. Amdg. C.L.'97 §2197 rel. to commitment to Industrial
School for Boys. i§ *o5 ch.266, 16 Je
i Minn. Commitment to & management of State Industrial School
for Boys & Girls. Rep. '95 ch.153 §2, 4-6. 9§ *o5, ch.233, 17 Ap
j Mon. Amdg. P.C. §192 5b rel. to commitment of certain delin-
quent children to industrial school. 2§ '05 ch.8o, 3 Mr
k N. Y. Amdg. '04 ch.718 §4, 7 rel. to selection of site for N. Y.
State 'f raining School for Boys ; exchange of land with city of N. Y. ;
report to Leg. igo6 [1905], 2§ '05 ch.133, s Ap
m ' S. D. Amdg. Crim.P. §716: Bd of Charities & Corrections may
discharge boy or girl from reform school at any time [after i yr's
service] for good behavior. i§ *oS ch.iSo, 8 Mr
n Wash. Amdg. '91 ch. 103 §1-2, 7: girl criminal or delinquent 8-
18 [16] to be sent to State Reform School till ig [18]. 3§
'OS ch.19, 15 F
p W. Va. Amdg. '89 ch.3 §2, 6, 7, 17 rel. to State Reform School:
membership of bd-of directors; admission; support. 4§
*o5 ch.68, 14 F
348 Local institutions
a Or. "An act to provide for fireproof jails." 2§ *oS ch.ioo, x8 F
b W. Va. County may unite with city located therein to erect &
maintain workhouse for joint use, on ^ vote of electors of both
city & county at special election; organization & management.
24§ '05 ch.72, 16 F
349 County and township
a Ari. Amdg. R.S.'oi §1194: bd of supervisors [of counties of ist
class] may contract for food for county jail. 2§ *o5 ch.54, 16 Mr
CRIMINAL LAW CORRECTIONS
b Cal. Amdg. Pen.C. §1603, 1605 rel, to use of jail in contiguous
county. 3§ '05 ch.S47. 21 Mr
c DcL Providing for commitment of certain prisoners in Kent &
Sussex county to New Castle county workhouse. 5§
*oS ch. 126, 3 Ap
d Mass. Employee of jail or house of correction on duty 7 days a
week to have 2 days vacation a mo. i§ '05 ch. 231, 28 Mr
e N. M. County of ist class to levy tax not exceeding 3 mills for
boarding prisoners. 3§ '05 ch.8, 15 F
f Pa, City of ist class committing prisoner to county jail for non-
payment of fine for breach of ordinance to pay cost of maintenance.
2§ *oS ch.42, 28 Mr
g Pa. Amdg. '83 ch.102 §1: salary of jail physician in county of
500,000-800,000 $2400 [$1800]; county jailor $5000 [$3000]. 3§
'05 ch.224, 2 My
350 Municipal
a Mo. City or town under 10,000 having special charter may issue
bonds to build jail. 3§ '05 p.84, 8 Ap
35a Discipline. Instruction. Care of sick
a Cal. Hair of convict for term of 15 days may be cut to uniform
length of i^ in. for sanitary reasons. Adds PeniC. §1615. 3§
'05 ch.547, 21 Mr
b Cal. Amdg. Pen.C. §105: escape from State Prison ptmishable
by imprisonment for not less than i yr [term equal to one being
served]. i§ '05 ch.557, 21 Mr
c CaL Amdg. Pen. C. §111 rel. to expense of trial for escape from
prison. i§ 'oS ch.575, 22 Mr
d Ct. Penalty for conveying narcotic, liquor, weapon or means of
escape into State Prison & for carrying letters in or out of prison. 4§
'05 ch.46, 12 My
e Fla. White state prisoners, as far as possible, to be confined &
worked in separate camps from colored. '05 p.441, 27 My
f Fla. Msdr. for ofiicer having prisoners in custody to fasten white
& colored prisoners together. 2§ *o5 ch.76, 5 Je
g Kan. Msdr. to give inmate of industrial reformatory tobacco,
money or other personal property without consent of sup't. 3§
*oS ch.2ii, 9 Mr
h Mass. Amdg. R.L. ch.208 §120 rel. to penalty for injury to prop-
-erty by inmates of certain prisons. i§ '05 ch.241, 30 Mr
i Mass. "An act to proldbit conveying drugs & other articles to
prisoners." i§ '05 ch.258, 5 Ap
j Mass. Bd of Prison Com'rs may establish tubercular hospital.
S§ '05 ch.355, I My
k Wis, Amdg. S.'98 S4495 as to penalty for breaking jail or county
workhouse, x§ " *oS ch.130, 29 Ap
Convict ]abor
353-59 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
353 Commitment. Transportation. Transfer
a Mass. Amdg. R.L. ch.225 § 96 rel. to removal of prisoners to tem-
porary industrial camp. i§ '05 ch.240, 30 Mr
b Mass. Bd of Prison Com'rs to investigate advisability of amdg.
law rel. to commitment of female prisoners convicted of minor of-
fenses. *o5 r.47, 13 Ap
c Mich. Amdg. '79 ch.133 §14 rel. to transfer of girl committed to
State Industrial Home for Girls, to penal or reformatory inst. i§
'oS ch.235, 16 Je
354 Convict labor
a Ga. Joint leg. committees of House & Senate to examine convict
camps; report to Leg. of 1906. '05 p. 1257, 23 Ag
b Mass. Amdg. R.L. ch.225 §29 rel. to employment of prisoners.
i§ '05 ch.244, 30 Mr
c Or, Amdg. Ann. C.& S.§3678 rel. to disposition of proceeds of
convict labor. i§ '05 ch.iS2, 21 F
355 State account sjrstem
a Ind. Abolishing contract labor system in Ind. Reformatory ; com-
mon & trade schools to be established ; products sold to state insts.
io§ *o5 ch.107, 4 Mr
356 Contract and lease system
a Fla. Amdg. R.S.'92, §3066 rel. to bonds to be given by contrac-
tor leasing state prisoners. 3§ '05 ch.75, 5 Je
357 County and municipal convicts
a Ga. Amdg. '03 p. 6 5 §4 as to disposition of hire of felony con-
victs by grand jury. 2§ '05 p. 125, 23 Ag
b N. M. Certain prisoners to do public work in city or town. 3§
'05 ch.84, 15 Mr
358 Roads
a Col. County on written request to State Penitentiary may secure
convicts for road work on payment of charges; convicts so used to
receive additional "good time allowance." 4§ '05 ch.86, 11 Ap
b 111. Prisoners in penal & reformatory inst. to manufacture &
supply without charge road-building material on requisition of
Highway Com'r. 3§ *oS p.344, 18 My
c Me. Employment of county & town male prisoners on road im-
provement. i§ '05 ch.126, 21 Mr
d N. M. Construction of state highway by convict labor. ii§
•05 ch.7, 10 F
359 Disposition of goods
a Cal. Amdg. '93 ch.42 §1-4 rel. to sale of jute goods manufac-
tured in State Prisons. 4§ 'oS ch.404, 20 Mr
b lU. Amdg. '03 p. 271 §3, 5-12, 14-16 rel. to disposal of product of
convict labor. 12 § *o5 p.345, 18 My
Criminal insane
CRIMINAL LAW CORRECTIONS 360-61
360 Special industries
a Ind. Amdg. 99 ch.27 §3: prison bd may cultivate with convict
labor state land not otherwise employed & cut & sell timber there-
from. i§ '05 ch.39, 25 F
b Kan. Establishing branch State Penitentiary & Oil Refinery at
Peru to be operated by convict labor. '05 ch. 478, 17 F. Unconst.
Violates Const, art. 11 §8 which forbids Leg. to undertake internal
improvements. State v. Kelly 81 P.450 (1905).
c N. D. Bd of State Capitol Com'rs may utilize convict labor in
construction of Capitol & executive mansion. i§ '05 ch.167, i Mr
d S. D. Twine plant & shirt & overall factory to be established at
State Penitentiary for employment of convicts; $76,000; sale of twine.
i2§ '05 ch.172, 3 Mr
e S. D. Submitting amdt. to Const. 1889 art. 11 §1: Leg. to impose
tax not to exceed i J mills on $1 for support of cordage plant at State
Penitentiary during 1907. Vote Nov. 1906. i§ '05 ch.71
f Wis. Bd of Control to investigate binder twine plants in prisons
of other states; report to Leg. of 1907. '05 p.989
361 Criminal insane
a Cal. Amdg. Pen.C. §1368 rel. to exam, into sanity of defendant
in criminal trial. i§ '05 ch.246, 18 Mr
b Cal. Establishing Folsom State Hospital for Criminal Insane;
$40,000. i2§ '05 ch. 2 5 7, 18 Mr
c Cal. Amdg. Pen.C. J1370, 1372-73 rel. to commitment of crimi-
nal insane; retrial after recovery; expenses. 3§ '05 ch. 5 41, 21 Mr
d Ind. If sanity of person conWcted of crime is in doubt, jury to de-
cide; commitment to insane hospital; sentence on recovery of sanity.
4§ '05 ch.103, 4 Mr
e Me. Insane convicts: exam.; removal to proper dep't; unreason-
able detention. Supplements R.S.*o3 ch.138 & rep. R.S. '03 ch.
138 §5. ii§ 'oS ch.104, 21 Mr
f Mich. Amdg. '93 ch.124, §19 rel. to commitments of certain in-
sane criminals to State Asylum. i§ '05 ch.238, 16 Je
g N. C. Person acquitted of murder on g^und of insanity may be
committed in discretion of trial judge to Hospital for Dangerous In-
sane. '99 ch.i §65, 17 F. Unconst. Does not give accused notice
or opportunity to be heard, thus depriving him of liberty without
due process of law. In re Boyett 48 S. E. 789 (1904).
h N. C. Person committed to hospital for dangerously insane on
judge's order after acquittal for certain crimes on ground of insanity
to be released only by act of Leg. '99ch.i §67, 17 F. Unconst.
Deprives courts of power to inquire into legality of restraint. In
re Boyett 48 S.E. 789 (1904).
i Pa. Establishing State Hospital for Criminal Insane: com'n to
select site & erect buildings; $10,000 for site; $150,000 toward con-
struction; organization & management; quarterly report to Au-
ditor Gen. & Bd of Public Charities. 13 § '05 ch. 2 47, 11 My
tentendng and reform
63-70 N. y. STATE LIBRARY INDEX OP LEGISLATION I905
363 System of sentencing and reform
For remission of fines set aa6
a Cal. Amdg. Pen.C. §666 rel to punishment for second offenses, i §
'05 ch.506, ax Mr
Capital punishment, 5^e 229
366 Commutation of sentence
a Kan. G.S.'oi §7050 rel. to deductions from sentence for good
behavior to apply to convict in penitentiary under indeterminate
sentence. i§ *oS ch.317, 8 Mr
367 Discharge
a Cal. Rep. Pen.C. §28 rel. to discharge of prisoner or inmate of
reform school on Mon. i§ '05 ch.384, ao Mr
ax CaL Rep. Pen.C. pt3 t.i ch.2 rel. to discharge of prisoners before
end of term. i§ '05 ch.480, 21 Mr
b Ct. Amdg. G.S.'o2 §2943 rel. to release of sick prisoner from jail.
i§ 'osch.39, sMy
c Kan. Amdg. '03 ch.375 §6 rel. to discharge of paroled prisoner on
warden's report. 2§ *oS ch.318, 9 Mr
d Mass. Amdg. R.L. ch.225 §137 rel. to support of woman charged
with crime in case disposed of without sentence. i§
'05 ch.23S, 3*0 Mr
e Pa. Repealing proviso of *6o ch.375 §74 prohibiting imposing of
sentences to expire between Nov. 15 & Feb. 15. 2§ '05 ch.3, 28 F
f Tenn. Convicts on discharge from penitentiary to receive from $x
-$5. i§ *o5 ch.486, 17 Ap
369 Identification* Records
5#« cdu>^ ao7
a Cal. Provision for criminal identification; systems; records. 8|
*o5 ch.399, 20 Mr
b Cal. Warden of State Prison to furnish sheriffs with description &
identification marks within 30 days after receiving prisoner. Rep.
*97 ch.is8. 3§ *o5 ch.403, ao Mr
c Mass. Taking & preservation of records & description of con-
victed felons. 2§ *o5 ch. 4S9, 25 My
d N. Y. Amdg. C.C.P. §221: except in county with ist class city,
magistrate to report to district atty. names & addresses of prisoner,
informant & witnesses. i§ '05 ch.267, ai Ap
e N. Y. Amdg. '96 ch. 440 §2: expenses of indexing & classifying
state prisoners not to exceed $5000 [$3000] annually. i§
'05 ch.S36, 18 My
370 Indeterminate sentence
a Mich. Rev. '03 ch.136 rel. to indeterminate sentences. i7|
•05 ch. 184.7 Je
b Or. Indeterminate sentence for certain felons; paxt>le; bail;
recommitment; pardon & restoration to citizenship, xo}
*oSch. x87, ai F
Juvenile offenders
CRIMINAL LAW CORRECTIONS 37l-7l(3
371 Juvenile offenders
Sew also 346, Reform schools; ai73» Children
A CaL Amdg. Pen.C. §1388 rel. to suspension of judgment in case of
minor; commitment to custody of charitable ass'n final judgment
of incorrigible; expenses. i§ '05 ch. 542, 21 Mr
b CoL Adult responsible for juvenile dependency or neglect guilty
ofmsdr.; Juvenile Court to have jurisdiction; appeals; probation. 6§
*oS ch.8i, 10 Ap
c 111. Person responsible for juvenile delinquency guilty of msdr. ;
release on probation. i§ '05 p. 189, 13 My
d Ind. "An act defining delinquency in children, and providing for
ptmishment of person responsible for, or contributing to, the de-
linquency or other offenses of child." 3§ '05 ch. 145, 6 Mr
f Mo. Cotmties of 150,000-500.000 may establish "parental school"
for detention of delinquent & dependent children. 7§
'05P.54, "Ap
g Neb. Msdr. for parent, guardian or other person to contribute to
dependency or delinquency of child; court may suspend sentence
not exceeding 2 yrs & place on probation; jurisdiction. 2§
•05 ch.195, 21 Mr
h N. J. Msdr. to contribute to juvenile delinquency. Supplements
*o3ch.2i9. 2§ '05 ch.i6o, 17 Ap
i N. Y. Amdg. Pen.C. §12, 699 rel. to juvenile offenders & suspen-
. sion of sentence. Adds subdiv. 3 to Pen.C. §289, subdiv. 9 to §291. 4§
'05 ch.655, 29 My
J Okl. Gov. may make i yr contract for care of juvenile offenders;
persons tmder 1 7 convicted of felony or certain misdemeanor subject
to act; $5000 annual appropriation. 7§ '05 ch.23 art.i, 13 Mr
k Or. Defining "delinquent child" ; punishment of adtdt responsible
for delinquency. 3§ '05 ch.171, 21 F
m Wis. Amdg. S.'98 §4961, 4966: juvenile delinquents from 8-16
[10-18] to be committed to Wisconsin Industrial School for Boys;
County Courts of Record may commit; order of commitment. 2§
'05 ch.50, 29 Mr
n Wis. Penalty for being responsible for or contributing to de-
linquency of child: suspension of sentence. i§ '05 ch.444, 19 Je
371(3 Jwxnile courts. Juvenile probation
5f» also 374t Probation
a Cal. Amdg. '03 ch.43 rel. to dependent & delinquent children;
Juvenile Court; procedure; commitment; probation ofl&cers. Adds
§14-21. 22§ *o5 ch.6io, 22 Mr
b Id. Juvenile delinquent law:, Probate Courts to have jurisdiction;
probation officers; compulsory school attendance; adult delinquency;
annual report by court to Gov. 13! *o5 p. 106, aMr
c 111. Amds. '99 p. 13 1 rel. to Juvenile Courts & probation officers.
8§ '05 p.151, 13 My; '05 p.iSa, 16 My
d Ind. Amdg. '03 ch.237 §3 rel. to Juvenile Courts & probation, ij
•05 ch.45, 27 P
Parole
371(3-72 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
c Kan. Establishing Juvenile Court in each county presided over
by probate judge; jurisdiction of children under 16; probation officers;
commitment; appeals. i6§ '05 ch.190, 4 Mr
f Mich. Juvenile dependents & delinquents : courts ; probation. i4§
'05 ch.312, 17 Je
g Minn. Regulating treatment of dependent, neglected & delin-
quent children; Juvenile Courts; probation; commitment. X4§
'05 ch.285, 19 Ap
h Minn. Amdg. '99 ch.154 §1, 2, 7 rel. to duties & salary of proba-
tion officers for juvenile delinquents. 4§ *o5 ch.321, 19 Ap
hi Mo. County of 150,000-500,000 to create Juvenile Court; pro-
bation officers ; place of detention : parental support ; disposition &
guardianship. Rep. '03 p.213. 24! '05 p. 56, 8 Ap
i Neb. Regulating care of dependent, neglected & delinquent
children: Juvenile Courts; probation officers; supervision by State
Bd of Charities & Corrections. 19! '05 ch. 59, 8 Mr
j Or. Treatment & control of dependent, neglected & delinquent
children; Juvenile Courts; probation officers; supervision of children's
societies. i7§ '05 ch.8o, 15 F
k Tenn. Juvenile Court law: jurisdiction of delinquents; probation
officers; annual report by county clerk to County Court. i2§
•05 ch,Si6, 17 Ap
m U. Creating Juvenile Courts in cities of ist & 2d class; probation
officers; jurisdiction; disposition of delinquent child. i2§
'05 ch.117, 16 Mr
n Wash. Juvenile delinquent law: establishing Juvenile Court in
county of ist or 2d class; commitment, 13! '05 ch.18, 15 F
p Wash. Court may suspend sentence of minor convicted of felony
or msdr. & release on probation discharging at end of 5 yrs. 2§
'05 ch.24, 17 F
q Wis. Amdg. '01 ch. 90 §1, 2 rel. to dependent, neglected & delin-
quent children: act to apply to counties [of 150,000] containtng cities
of 1st, 2d & 3d class; appointment of probation officer in counties of
150,000. 2§ '05 ch.496, 20 Je
372 Parole
a Ind. Amdg. '99 ch.15 §2 : paroled state prisoner to receive $5. i§
•05 ch.114. 4 Mr
b Kan. Gov. to appoint parole officer for State Penitentiary to as-
sist in enforcing indeterminate sentence & parole laws; salary $1000.
6§ '05 ch.316, 4 Mr
c N. H. Amdg. '01 ch.58 : prisoner released on parole to be rearrested
for violation of its terms; recommittal; notice of parole. S§
•05 ch.67, 9 Mr
e N. J. Custody & control of paroled convicts; monthly reports;
rearrest. 8§ '05 ch.232, 11 My
f Okl. Amdg. '97 ch.30 §1: convict sent to penitentiary to receive
parole allowed by state where penitentiary situated. i§
'05 ch.13 art. 4, 15 Mr
Probation. Pillory
CRIMINAL LA^^r CORRECTIONS 372-745
g Or. Parole & recommitment of convict. 8§ 'oSch.i77,2iF
h S. D. Parole of convicts. i4§ *oS ch.144, 13 F
i Tex. Parole of convicts. 7§ 05 ch.28, 21 Mr
373 Pardons
a N. C. Gov. may grant conditional pardon ; rearrest & commit-
ment. 4§ 'oS ch.356, 2 Mr
b N. D. Amdg. '01 ch.34 §4 rel. to date of meetings of Bd of Par-
dons. i§ *o5 ch.53, 6 Mr
c Tex. Amdg. & supplementing R.C.S.'gS art. 3582a rel. to Bd
of Pardon Advisors : salary $2000 each [$4 a day] ; record of convicts ;
duties. 5 1 *oS ch.48, 28 Mr
d Wy. State Bd of Charities & Reform to constitute State Bd of
Pardons ; to hear applications for clemency & advise Gov. ; sec. of bd
to report annually to Gov. '05 ch.56, 20 F
374 Probation
Set also 371. Juvenile ofTenders
a Cal. Amdg. Pen.C. §1203 rel. to inquiry into aggravation or miti-
gation of punishment; suspension of sentence & revocation of pro-
bation. i§ '05 ch.i66, 18 Mr
b Cal. Amdg. C.C.P. §131 rel to probation; committees of 7 to in-
spect inst.; probation officers & deputies. i§ '05 ch.579, 22 Mr
c Ct. Amdg. '03 ch.126 rel. to probation officers: duties; compen-
sation; suspension of sentence. io§ 'o5ch.i42,i6je
d Me. "An act to provide for appointment of probation officer for
county of Cumberland." 8§ '05 private laws, ch.346, 21 Mr
e Mass. '*An act to provide for appointment of female probation
officers for Mun. Courts of South Boston & Roxbury districts of
Boston." Amds. R.L. ch.217 |8i. i§ '05 ch.295, 13 Ap
f Mass. Amdg. R.L. ch.220 §1 rel. to suspension of sentence and
placing on probation by court in certain instances, i §
'05 ch.338, 26 Ap
g Mich. Amdg. '03 ch.91, title & §1 rel. to probation: discharge of
reformed respondent. 2§ '05 ch. 3 2, 29 Mr
h N. J. Amdg. '03 ch.221 §1,4: magistrate may suspend sentence on
conviction for desertion or nonsupport of wife or minor children &
place on probation. 2§ '05 ch.203, 28 Ap
i N. Y. Amdg. C.C.P. §iia, 56, 483, 554 rel. to suspension of sen-
tence & probation officers. 4§ '05 ch. 656, 29 My
J N. Y. Com'n to^be appointed to investigate probation system in the
several states; report to Leg. of 1906; $5000. 7§ '05 ch. 714, 3 Je
374(5 Whipping. Pillory
a Del. Abolishing standing in pillory as punishment for crime. i§
'05 ch.2X3, 20 Ml
Real property
N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
375 CIVIL LAW
Civil Code and Code of Civil Procedure
377 Property
5er also 4qo, Family property
379 Real property
a CaL Amdg. P.C. §3617; "improvement" in P.C. to include alfalfa
after ist yr's planting. i§ '05 ch.199, 18 Mr
b CaL Definition of covenant running with land. Adds C.C.
§1468. z§ '05 ch.450, ai Mr
38Z Tenure. Titles
Sw also 748. Special actions; 1274 Prescriptive rights (railroads); a730t Pre-
scriptive rights (roads)
a Me. Interruption by posted notice of running of prescriptive
period for acquisition of easements. Supplements R.S.*o3 ch.107 §ia.
i§ *oSch.3S, 7Mr
b Neb. Quieting title t® land platted into lots, blocks, street, alleys
& public parks in cities of 2d class imder 5000 & certain incorporated
villages. 2§ '05 ch 34, 4 Ap
c N. M. Amdg. C.L.'97 §2938 rel. to adverse possession & prescrip-
tion of land. 2§ '05 ch.76, 1 5 Mr
d N. Y. Amdg. real property law '96 ch.S47 §255: recorded con-
veyance to prove itself after 30 yrs subject to rights of bona fide pur-
chaser for value from same vendor filing deed before end of 30 3rrs. i §
*oS ch.4So, i6 My
e Pa. Where apparent owner has been out of possession 2 1 jrrs & is
unknown or address unascertainable, person in possession may quiet
title by court order directing ejectment to be brought within 6 mo. ;
trustee appointed on failure to appear; judgment. 3§
'oSch.i4S, 18 Ap
f Pa. "To quiet title of real estate . . . formerly held by corp.
not authorized to hold real estate." i§ '05 ch.5, 28P
g Wis. Determination of water frontage & riparian rights. Adds
S.'98 §3i53a-e- 5§ '©5 ch.234. 22 My
h Wis. Amdg. S. '98 §2039 as to limitation of power to suspend
alienation : real estate for charitable use excepted, i §
*oS ch.511, ao Je
38a Eminent domain. Condemnation proceedings
5r# also xaQ7. Railways; X36X, Street railways; 14x6. Telegraph and telephone;
aoa6 Mines; a 5 54. Loc£U finance; a6a5. Local improvements: a 640, Electricity
Cal. Amdg. C.C.P. § 1238 rel. to purposes for which eminent domain
may be exercised. i§ '05 ch.477, 21 Mr
Ind^ Procedure in exercise of power of eminent domain. Z2§
'oS ch.48, a7F
Realpropert
CIVIL LAW PROPERTY S^^^
c He. "An act rel. to location & assmt. of damages for property
taken for public uses." i2§ '05 ch.164, 24 Mr
d Minn. Amdg. G.S.'94 §4086, 4089 rel. to procedure in condemn-
ing land for state use. 3§ ^ '05 ch.43, 15 Mr
e Mo. Procedure in condemning property when not provided for in
special city charter. i§ *95p.8i,6Ap
f N. M. Appropriation & valuation of property taken for certain
public uses. 22§ '05 ch.97, 16 Mr
g Or. Procedure in taking property for public use. 2§
'05 ch. 45. 9 F
h Wash. Submitting amdt. to Const. 1889 art. i §16 rel. to eminent
domain. Vote Nov. 1906. 4 J '05 ch.6s, 4 Mr
i Wis. Amdg. S'98 §927 as to condemnation of land for certain
public purposes by cities & villages [imder special charter] & collection
of cost: land may be condemned for parks. 2§ '05 ch.394, 17 Je
383 Escheat
a Nev. Amdg. '97 ch.io6 §275 rel. to contest of state claim to realty
by escheat; sale by court order; costs & fees. i§ *oS ch.33, i Mr
b N. T. Amdg. public lands law '94 ch.317 §62 rel. to releases of
escheated land by Land Office Com'rs. i§ '05 ch.360, i My
384 Estates in lands
a Mo. Calculation of present value of life estate. Rep. '03P.167. 4§
'o5p.i39. 8 Ap
b Or. Trustees & executors to hold as joint tenants unless otherwise
provided. 3§ '05 ch.140, 21 F
385 Partition
a Cal. Amdg. C.C.P. § 1 703} as to care of distributive share of person
who can not be found in estate apportioned by judicial decree, i §
•05 ch. 9, IS P
b Me. Amdg. R.S.'o3 ch.90 §16 as to partition between tenants in
common one of whom has improved land. i§ '05 ch. 169, 24 Mr
c Mo. Amdg. R.S.*99 §4402 rel. to recording of report or judg-
ment in partition suit. i§ '05 p. 267. 6 Ap
d Neb. Amdg. C.S.*o3 §7321 rel. to proceedings in partition suits:
court on entering judgment to appoint from i-j referees to effect
partition. 2§ '05 ch.178, 4 Ap
c N. J. Partition of real estate of which infant of tenant in common
with adults to be made by order of Orphans Court; procedure;
supplements '98 ch.234. 3§ '05 ch.158, 17 Ap
f N. Y. Amdg. C.C.P. §1538 as to parties in partition suit. 2§
'05 ch.662, 31 My
g N. C. Judgment creditor may secure partition of lands held by
debtor as tenant in common with others; execution against excess over
homestead. 3§ '05 ch.429, 4 Mr
h Tex. Amdg. R.C.S.'95 art.3611, 3621 rel. to partition of real estate
owned jointly; determination of susceptibility of property to par-
tition; private sale. i§ '05 ch.68, 7 Ap
Real property
386-90 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
386 Property lines
a Cal. County surveyor to replace perishable marks of gov't survey
with permanent monuments. 4§ '05 ch.108, 18 Mr
b Ga. Amdg. C.'qS §3251; processioners remarking tracts of land
lying in a adjoining districts or counties to make return within 30
days. 2§ '05 p.83, 22 Ag
c N. C. '* . . . County surveyors to keep record of surveys of all
entries of land . . . record may be read in evidence in any action
or proceedings as are other records." 7§ '05 ch. 2 4 2, 2 Mr
d II. D. Erection of monuments on section comers of townships to
perpetuate U. S. surveys. 6§ 'oS ch.i8o, 7 Mr
387 Fences. Lawful fences
Set also 3733, Roada
a Ct. Amdg. G.S.'o2 §4067 rel. to fencing by owner of city lot. i§
'05 ch.S7, 12 My
b Mon. Defining "lawful fence.*' Rep. P.C. §3250. 2§
•05 ch.37, 27 F
c II. M. Amdg. C.L.'97 §1823-24 rel. to lawful fence & fencing dis-
trict. 3§ '05 ch. 5 5. 13 Mr
e Or. Amdg. Ann. C. & S. §4348 rel. to " lawful fence" in certain
counties. i§ '05 ch.191, 21 F
f Or. "Lawful fence" in cotmties east of Cascade mountains.
Rep. Ann. C. & S. §4345. 2§ '05 ch.193, 21 F
g Pa. Method & procedure in erection of line or partition fence. 3§
'05 ch.ii8, 14 Ap
h Wis. Defining legal fences. Adds S. '98 11390a. i§
•osch.374, 14 Je
388 Wire fences
a Kan. Owner of land may make partition fence hog-tight with
woven wire. i§ *oS ch.264, 7 Mr
b Or. Amdg. Ann. C. & S. §4346 : wire fence remaining out of repair
after i o days notice to owner to be repaired by county ; lien on wire
for cost. i§ '05 ch.147, 21 P
390 Plats. Town sites
a Id. Town site plats, additions to town, village or city, or sub-
divisions of outlots to be approved by local authority before accepted
for record by county recorder. Amds. '99 p. 192 §95-96. 3§
'05 p.70, 20 P
b Kan. Amdg. G.S.'oi §7894-903 rel. to vacation of town sites, ad-
ditions, streets, alleys & public reservations by county com'rs. 8§
•05 ch. 519, IS P
c Mich. Amdg. R.S.'46 ch.14 §100: county surveyor to record
survey for township highway & village plat. Rep. '99 ch. 195. 2 §
'05 ch.79, I My
d Mo. Amdg. R.S'99 §5659 rel. to approval of city, town or village
plats by common council. i§ '0$ p. 73. 6 Ap
Conveyance
CIVIL LAW PROPERTY 390-93
e Nev. "An act authorizing owners ... to lay out & plat land
into lots, streets, alleys & public places & providing for approval &
filing of maps or plats thereof." 12 § '05 ch. 126, 13 Mr
f N. D. District Court may correct errors in town, village or city
plats; procedure. 4§ '05 ch.64, 7 Mr
g Or. Approving & recording plats of towns & additions; vacation;
fees. 4§ '05 ch.146, 21 P
h Wis. Person platting land in cities except of ist class, whereby
streets, alleys & public grounds are dedicated to public to submit
proposed plat to common council & record on approval, i §
'05 ch.225, 22 My
391 Rights of aliens
a Ind. Realty of alien in excess of 320 acres to escheat to state if
held more than 5 yrs; same rights as citizen in less amount. 3§
'05 ch.130, 6 Mr
393 Conveyance
See also 40s, Morfffages: 447. Guardianship; 490, Family property; 51a, Corpora-
tions; 835, Tax on deeds
a Cal. Person who has changed name since acquiring realty must
use former name in conveyance. Adds CO. §1096. i§
'oS ch.443, 21 Mr
b II. Y. Amdg. real property law '96 ch. 547. §240: "conveyance" in-
cludes instrument postponing or subordinating mortgage lien, i §
'05 ch.449, 16 My
c Tenn. Registration of certified copies of power of attorney to sell
land lying in several counties. i§ 'oS ch.112, 30 Mr
393 Acknowledgments
Including commissioner of deeds
a Cal. Amdg. C.C. §ii8i, 1185, 1190, 1202-3 rel- to acknowledg-
ment of written instrument. 5§ *o5 ch.445, 21 Mr
b Ct. Amdg. G.S.'o2 §4029: U.S. agent in foreign country may
acknowledge conveyance of land. i§ '05 ch.63, 12 My
c Fla. Amdg. R.S.'92 §1973: U.S. com'r may acknowledge within
state instruments concerning real estate. 2§ '05 ch.33, 19 My
d Ga. Amdg. '99 p. 79 Ji: official acknowledgment of officer prima
facie evidence of authority; proviso. 2§ 'osp.103,22 Ag
e 111. Amdg. R.S.'74ch.95 §2-3 rel. to acknowledgment of mort-
gage. 2§ '05 p.331, 13 My
f Kan. Amdg. G.S.'oi §4273: notary who is employee or stock-
holder in Corp. may take its acknowledgment. 3§ '05 ch.311, 4 Mr
g N. C. Amdg. *99 ch.235 §7 : where clerk of Superior Court is party
to deed acknowledgment may be made before justice of peace. i§
'oS ch.414, 4 Mr
h S. D. Officer of corp. may acknowledge deed under authority of
charter, bylaws, consent of stockholders or vote of bd of directors. 4§
'05 ch.i, 10 Mr
i Wis. Amdg. S.'98 §182: Gov. may appoint com*rs of deeds in
foreign countries. i§ 05 ch. 201, 12 My
j Wy. Amdg. R.S.'99 §4295; U. S. com'r may administer oaths.
i§ *o5 ch 23, 10 P
Conveyance
393-96 N. Y. STATB LIBRARY INDEX OP LEGISLATION 190$
k Wy. Amdg. R. 8/99 §3741: deed may be acknowledged before
U.S. com'r. i§ '05 ch 24,10 P
394 Contract for sale of land
a Col. Amdg. 'o3ch.z8z §7oa,7oc-e rel. to specific performance of
executory contract for sale of real estate after death of vendor. 4§
*o5 ch.144, 10 Ap
b Wash. Amdg. Ballinger's Ann.C.& 8.^97 §4576: agreement em-
ploying agent to buy or sell real estate void tmless written. i§
'05 ch.58, 3 Mr
396 Record
5m also x797t Title insurance; 3497. Cotinty records; 3522(5, Recorder
a Cal. Certified copy of recorded instrument affecting title to realty
may be recorded in any coimty. Adds C.C.§i2z8. i§
'05 ch.446, 21 Mr
b Ga. Extending term of com'n appointed by '03 p.689; to in-
vestigate registration of land titles, to report to Leg. of 1906.
'05 p.1256. 23 Ag
c Ind. County recorder to register satisfaction, cancelation or assign-
ment made on margin of record on file in his office; penalty. 2§
'05 ch.9. IS F
d Me. Registration of eminent domain proceedings. i§
*o5 ch.34, 7 Mr
e Me. Amdg. R.S.'o3ch.ii §x6 as to recording of plans. i§
*o5 ch.125, 21 Mr
f Me. Indexing of registered deeds & filing of plans of land plotted
for sale & of plans made in settlement of disputed line or of estate.
Amds. R.S.'o3 ch.ii §15. 3§ '05 ch.139, 22 Mr
g Mass. Amdg. R.L. ch.128 §1 & 18: registration of certain ease*
ments by Land Court. S§ '05 ch.249, 31 Mr
h Mass. Amdg. R.L. ch.128 §62 ^3 : purchaser at foreclosure of mort*
gage under power of sale clause may register deed without delivering
owners duplicate certificate to register; exceptions. 2§
'05 ch.296, 13 Ap
i Minn. County tmder 75,000 may have tract index transcribed &
verified at cost of 2c an entry. 2§ '05 ch.51, 21 Mr
j Minn. Registration of land titles in counties of 75, 000. Rep.'oi
ch.237 ; '03 ch.87. 82§ '05 ch.305. 19 Ap
k Minn. County register of deeds to transcribe sheriffs certificates
of foreclosure & judgment sales filed prior to May 10, 1862. 3§
*o5 ch.329, 19 Ap
m II. C. Amdg. '85 ch.147 §2: deed executed prior to 1855 offered
for record to be accompanied by affidavit that affiant believes it bona
fide. i§ '05 ch.277, 23 F
n II. C. 8urvey to be filed with grant ; record may be read in evidence ;
8ec. of State to supply forms. 3§ *o5 ch.243, 2 Mr
p N. D. Amdg. R.C.'99 §3563 rel. to recording of instruments in office
of register of deeds: contracts for sale of school lands; patents & re-
ceiver's receipts from U. 8. Land Offices. i§ *o5 ch.159, '3 Mr
Liens and mortgages
CIVIL LAW PROPERTY 39^-405
q Or. Misc. amdts. to Ann. C. & S. §5399-55oo rel. to registration of
titles to real property. i4§ *o5 ch.169, 21 F
r Tex. Lis pendens record: filing to constitute notice to purchaser.
4§ '05 ch.128, 15 Ap
8 U. Amdg. '99 ch.43 §2 rel. to filing of present ownership maps. i§
'05 ch.s6, 9 Mr
t U. Allowing I yr for filing of claims under town site law R.S. '98 t.69
where owners have neglected to meet its requirements. i§
'05 ch.ioo, 9 Mr
u Wis. Amdg. S.*98 §762: county of 250,000 may adopt system of
chain of title indexes & require county officers to report to register of
deeds. 2§ '05 ch.239, 24 My
397 Abstracts
a Minn. Abstract taken before loss or destruction of title deeds
admissible as evidence; sworn copies. 2§ '05 ch. 19 3, 15 Ap
b N. D. Amdg. R.C.'99 §1774 as to required business equipment of
abstracter of titles. i§ '05 ch. a, 9 Mr
398 Torrens system
a Mass. "An act rel, to compensation of masters & examiners in
Land Court." i§ '05 ch.195, 17 Mr
400 Personal property
a Cal. Amdg. C.C. §1865, 187 1 rel. to rights & duties of finder or
saver of property. 2§ '05 ch.453, 21 Mr
b Neb. Prohibiting publishing of excess copies of any publication
without consent; penalty $5o-$5oo & liability for damages. 2§
*o5 ch.202, 25 Mr
403 Dramatic or musical compositions
a Cal. Msdr. to produce or publish play or opera without owner's
consent. Adds Pen.C.§367a. i§ '05 ch.276, 18 Mr
b Ct. Penalty for unauthorized performance of certain musical &
dramatic compositions. 2§ '05 ch.130, 7 Je
c Mich. Msdr. to perform unpublished, uncopyrighted dramatic
or musical production without consent of owner. 2§ *o5 ch.268, 16 Je
d Minn. Msdr. to publish or produce opera without owner's consent.
i§ '05 ch. 40, 15 Mr
e Wis. Msdr. to sell copy of or perform unpublished or undedicated
dramatic play or opera without written consent of owner, i §
'05 ch. 281, I Je
405 Liens and mortgages
a II. H. Discharge of satisfied mortgage to be given & recorded.
'05 ch. 37, 28 F
b N, Y. Amdg. lien law '97 ch.418 §9 subdiv. i. rel. to contents of
notice of Hen. i§ '05 ch.96, 24 Mr
Mortgages
406-XX N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
406 Foreclosure. Redemption
a Cal. Amdg. C.C. §2903, 2913 rel. to redemption of property sub-
ject to lien ; subrogation against holders of other interests ; voltmtary
surrender. 2§ '05 ch.459, ai Mr
b Minn. Amdg. G.S.'94 §6029, 6033 rel. to foreclosure proceedings
of mortgage with power of sale clause. 2§ '05 ch.136, 11 Ap
c N. Y. Amdg. C.C.P. §2388 subdiv, 4 rel. to notice of foreclosure
of mortgage under power of sale clause. i§ '05 ch. 43 3, 16 My
d N. C. Amdg. '01 ch.i86 §1: executor of mortgagee or of trustee of
mortgage may renounce right to foreclose; appointment of trustee to
execute. 2§ '05 ch.128, 7 F
407 Real property. Mortgages and trust deeds
Se0 also 1279, Railways
a Wis. Amdg. S.'98 §2256: penalty for failure to discharge mort-
gage after performance of mortgage & to record assignments, i§
'05 ch.is6, 3 My
409 Discharge
a Cal. Satisfaction to be entered on recorded mortgage after fore-
closure. Adds C.C.P. §675a. 2§ '05 ch.269, 18 Mr
c Mo. Amdg. R.S.'99 §4358 as to cancelation of interest-bearing
coupon note given to secure mortgage or deed of trust. i§
'05 p.239, 8 Ap
d Mo. Amdg. R.S.'99 §4360 rel. to partial release of mortgage or
trust deed. i§ *o5 p.238, 10 Ap
e Mon. Amdg. C.C. §3848 as to contents of satisfaction piece when
executed by other than mortgagee. 2§ *o5 ch.34, 25 F
f N. D. Amdg. R.C.'99 §4719: form of certificate of satisfaction of
real estate mortgage. 2§ '05 ch.154, 9Mr
4x0 Foreclosure. Redemption
Se§ also 736, Judicial sales; 839. Tax sales
a Col. Foreclosure of mortgage or deed of trust after death or in-
sanity of owner; procedure. 4§ '05 ch.124, 10 Ap
b Ct Amdg. G.S.'o2 §545*- foreclosure suit to [may] be brought
where land situated [or where parties reside]. i§ '05 ch. 8 2, 19 My
c Me. Amdg. R.S.'o3 ch.92 §3 ^3 as to certificate of mortgagee's
entry to foreclosure. i§ *o5 ch.95, 2iMr
d II. H. Amdg. *99 ch.19 §3 as to publication of notice of sale under
power of sale mortgage. i§ '05 ch.2, i P
41 X Record
a Kan. Formal defect in release or assignment of mortgage cured 5
yrs after recording; i yr allowed to challenge releases already filed for
that period. 2§ *o5 ch.301, 18 F
b Me. Amdg. R.S.'o3 ch.93 §39: filing certificates of Hens on real
[ property with registry of coimty or district. i§ '05 ch.4, 9 F
ConditionAl sales
CIVIL LAW PROPERTY 413-1$
4x3 Personal property
a Cal. Amdg. C.C. §2955 rel. to personal property which may be
mortgaged. i§ *os ch.40, 3 Mr
b Cal, Irregular mortgage of personalty valid between original
parties, their heirs, legatees & personal representatives or purchasers
with actual notice. Adds C.C. §2973. i§ '05 ch.460, 21 Mr
c Id. Amdg. R.S.*87 §3391 rel. to foreclosure of mortgage on per-
sonal property : sheriff of county or constable of precinct to seize prop-
erty. 2§ '05 p.129, II Mr
d Okl. Amdg. S. '03 §2649: felony to remove beyond county limits
mortgaged property without consent of mortgagee; penalty. i§
'oS ch.13 art.9, 4 Mr
414 Chattel mortgages
a Mo. Amdg. R.S.'99 §3406: chattel mortgage to be delivered to
holder of note when satisfied. i§ 'oSp.iS7,2iP
ax Mo. Amdg. R.S.'99 §3407: recorder to note & destroy mortgage
or trust deed on file for 5 yrs. i§ '05 p. 239, 2 Mr
b Men. Amdg. C.C. §3866 rel. to renewal of chattel mortgage. i§
'05 ch.47, 28 F
c Men. Amdg. Pen.C. §939 : larceny [msdr.] to remove certain mort-
gaged personalty from county [place] to deprive mortgagee of his claim,
2§ *oS ch.72, 3 Mr
d II. D. Amdg. R.C.'99 §5887: chattel mortgage to be foreclosed
on day specified in notice [Saturday]. '05 ch.6i, 17 P
c II. D. Amdg. R.C.*99 §4737 requiring chattel mortgages to be ,
renewed every 3 yrs: mortgages of street car, telephone or tele-
graph CO excepted. i§ 'oS ch. 60, 13 Mr
415 Conditional sales
Set alsoi27i, Railroads; 1341. Street railways
a Ct. Amdg. G.S.'o2 §4864 rel. to conditional sales of personal
property: phonograph & supplies excepted. i§ '05 ch.113, 6 Je
b Minn. Amdg. '97 ch.292 §19: recorded note of conditional sale to
be constructive notice of facts for 6 [i] yrs from date when last instal-
ment falls due. i§ '05 ch.178, 15 Ap
-c Neb. Vendee having paid J price on conditional sale may by pay-
ing balance within 20 days redeem property taken by vendor. 2§
'OS ch.79, I Ap
4 N. Y. Rep. §iiS of lien law '97 ch.418 which excepted certain
articles from requirement that conditional sale contracts are to be
filed. i§ '05 ch.So3, 17 My
« Wash. Msdr. to sell, destroy or remove from county personal
property on which vendor has lien for purchase price. i§
'oS ch.42, 27 P
Mechanics Hens
419-21 N. Y. STATE LIBRARY INDEX OF LEGISLATION 190$
4x9 Mechanics liens; labor and materials
a Minn. Carrier, bailee, one who cares for domestic animal, & artisan
to have lien on personal property handled & right of detainer for
charges; sale. Rep. 0.8/94 §6247-48. 6§ *oS ch.328, 19 Ap
b N. H. Amdg. P.S. ch.141 §10 as to mechanics lien on buildings.
i§ *o5 ch.41, 8 Mr
c K. J, Amdg. '98 ch.226 §3: subcontractor allowed mechanics lien.
i§ 'oS ch.i66, 17 Ap
d II. J. Reference to settle disputed accoimt & priority in proceedings
to establish mechanics lien. Supplements '98 ch.226. 2§
*oS ch.2oS, 28 Ap
e N.J. Amdg. '98 ch.226 §26 rel. to enforcement of mechanics lien
on death of owner or mortgagee. i§ '05 ch.231, 11 My
f II. D. Amdg, R.C.'99 §4796 relating to mechanics liens: filing
fee & $5 for drawing lien not to be allowed as costs. Rep. §4795. 2§
'05 ch.130, 24 P
g N. D. Penalty for failure to file satisfaction of mechanics lien. 3§
'oS ch.131, 9 Mr
h Okl. Amdg. S.'o3 §4817, 4819 rel. to liens for labor & material;
lien on homestead; subcontractor's lien. 3§ *o5 ch.28 art.i, 13 Mr
i Pa. Amdg. *o i ch. 2 40 § 1 1 , 3 2 rel. to contents of notice of mechanics
lien. 2§ '05 ch.126, 17 Ap
j Wash. "An act creating & providing for enforcement of liens for
labor & material" giving lien for "provisions" furnished to contractor.
'93 ch.24 §1, 21F. Unconst. Subject not included in title. Armour
& Co. V, Western Construction Co. 78 P.1106 (1905).
k Wash. Amdg. '93 ch.24 §1-2 rel. to mechanics lien on materials &
land for improvement of property. 2§ '05 ch.ii6. 9 Mr
420 Preference of wage lien
a Tenn. Amdg. '^ 7 ch. 78 § i : employees & day laborers of individuals
engaged in mercantile business to have ist lien on merchandise. z(
•05 ch.414, IS Ap
421 Special mechanics and other liens
See also 595, Practice of law
a Cal. Lien of thresher, logger or owner of breed bull or stallion;
procedure. Adds C.C. §3061-65. 5§ '05 ch.461, ai Mr
b Cal. Procedure to enforce lien on animal acquired in prevention
of cruelty to same. Adds C.C.P. §1208. i§ '05 ch.472, 21 Mr
c Id. Lien for service of sire; pedigrees. 8§ '05 p.232, 10 Mr
d Me. Amdg. R.S.'o3 ch.93 §60 rel. to liens on monumental work.
i§ 'osch.43, SMr
c Me. Lien on vehicles. Supplements R.S.'o3 ch.93. 5§
*oS ch.57, 15 Mr
f Me. Amdg. R.S.'o3 ch,93 §31: mechanics lien on building, wharf
or pier dissolved unless filed within 60 [40] days, i §
*oS ch.iio, 21 Mr
Landlord and tenant
CIVIL LAW PROPERTY 421-22
g Mich. Rev. '87 ch.280 rel. to lien on foal of stallion in breeding.
5§ 'oS ch.i66, 6 Je
h Neb. Warehouseman to have lien on personal property consigned
to him; to be foreclosed as chattel mortgage; purchase of property
by consignee. Adds §1 1600a to Ann. S. '03. i§ '05 ch.163, 3 Ap
i II. H. Lien on colt for service of stallion. 2§ '05 ch.33, 23 P
j II. H. Amdg. P.S. ch.141 §11: brickmaker or one supplying fuel
has lien on bricks & fuel for go days^ enforceable by attachment. i §
'05 ch.S4, 9 Mr
k OkL Contractors & subcontractors furnishing labor or material
for developing oil & gas wells to have preferred lien. 4§
*oS ch.28 art.5, 15 Mr
m Tenn. Amdg. '57 ch.52 §1 : extending time within which landlord
& furnishers liens may be enforced. 2§ '05 ch.32, 26 Ja .
n Tenn. Bank, trust co. or individual may advance money on
tobacco in storage; lien to be debt against purchaser for 6 yrs;
form of note; record. 6§ 'oS ch.6, 3 F
p Tex, Amdg. R.C.S. art. 3335-36 rel. to liens on progeny of live
stock. Rep. R.C.S, art.3337-39. 3§ 'oS ch.20, 15 Mr
q U. Liability of public corp. to subcontractor, laborer or material
man on public work. i§ '05 ch. 8 7, 9 Mr
r Wash. Filing & enforcement of mechanics lien by blacksmith, ma-
chinist, wagon or boiler maker. 5§ 'oSch.72,6Mr
s Wis. "An act to provide for liens upon horses & other animals for
cost of shoeing same." i3§ '05 ch.260, 25 My
433 Landlord and tenant
a Ala. Msdr. for employee or lessee abandoning written contract to
make similar agreement with other party. '01 p.131 , i Mr. Unconst.
Abridges right to contract in manner not within police power. Toney
V. State. 37 S. 332 (1904).
b Cal. Amdg. C.C.P. §1161 rel. to unlawful detainer of property by
tenant. i§ '05 ch,3S, 28 F
c Cal. Amdg. C.C. §822 rel. to remedy of lessor against assignee of
lessee. i§ *oS ch.439, 21 Mr
d Ct. Amdg. G.S.'o2 §1078 as to service of notice to quit premises
on nonresident lessee. i§ '0$ ch.177, 29 Je
• Fla. Tenancies at will; unwritten lease of lands & tenements;
rent pa3rment determines term of tenancy; termination; tenancy at
sufferance. 5§ '05 ch.70, 19 My
f 111. Subject to distraint for rent tenant may remove fixtures
erected by himself. Adds §35 to R.S. '74 ch.8o. i§ 'oS p. 307, 13 My
g Kan. Amdg. G.S.'oi §3852, 3854 rel. to notice to quit for nonpay-
ment of rent. 3§ '05 ch.280, 2S F
h Slan. Amdg. G.S.'oi §3849: tenancy from year to year may be
terminated by 30 days [3 mo.] written notice. 2§ '05 ch.28 1, 7 Mr
i Kan. Lessee of forfeited lease to have it released from record;
suit to discharge. i§ '05 ch. 3 14, 9 Mr
Succession
422-24 N. Y. STATE LIBRARY INDEX OP LEGISLATION 190$
j N. H. Amdg. P.S. ch.246 §4: demand for rent to constitute a for-
feiture must be written; tenant may relieve before expiration of no-
tice by tender of rent & $5 damages. i§ '05 ch.57, 9 Mr
k N. J. Owner leasing property through agent to have all rights to
terminate lease which agent might exercise; unlawful detainer; pro-
cedure to enforce. Supplements '98 ch. 228. 6§ '0$ ch.2S3, 2je
m N. C. Msdr. for tenant to abandon crop after receiving advances or
for one to employ him after desertion or for landlord to break con-
tract to furnish advances; applies in 39 counties. 6§
'05 ch.297, 24 F; '05 ch.383, 4 Mr
n Pa. 30 days notice by landlord required to terminate lease
tinder i yr or of indeterminate length, 3§ '05 ch. 62, 31 Mr
423 Succession
See also 49a, Dower, curtesy
a Mich. Persons living in bigamous relations not to inherit property.
28 '05 ch.327, 20 Je
b Tenn. Person feloniously killing another or conspiring to procure
same not to inherit property of deceased. 2§ '05 ch.ii, 30 Ja
424 Descent
a CaL Amdg. C.C. §1310: on death of legatee before testator,
lineal descendants take. i§ *o5 ch. 155, 18 Mr
b Kan. On death of beneficiary before insured, insurance to belong to
latter 's estate. 2§ *oS ch.271, 9 Mr
c Mich. Amdg. R.S.'46 ch.70 §1 rel. to distribution of estate of
intestate. i§ '05 ch.331, 20 Jc
d N. H. Amdg. P.S. ch.196 §4: bastards and their issue shall be
heirs of the mother and her kindred. i§ '05 ch.4, 2 F
e N. H. Amdg. '01 ch.113 §1 as to share of widow, if personal estate
does not exceed $3000. 2§ *o5 ch.14, 9 P
f N. J. Amdg. *77 ch.125 §1: heirs of deceased mother of bastard
to inherit latter's realty in case of intestacy; saving clause in favor of
vested interests & pending escheat proceedings. i§ '05 ch.xi4, 6 Ap
g II. J. Amdg. '98 ch.234 §169 subdiv.6: personalty of intestate
motherless bastard to be distributed among her next of kin. i§
'05 ch.115, 6 Ap
h N. J, Amdg. S.*46 p.337 §6 rel. to descent of real property. 2§
'05 ch.i9S, 28 Ap
i II. J. Bastard whose parents have married & recognized him to
inherit personalty or intestacy of survivor. Supplements '98 ch. 234.
i§ '05 ch.247, 25 My
j N. Y. Amdg. C.C.P. §2732 subdiv.12: in succession of personalty
no representation to be admitted among collaterals after brothers'
and sisters' descendants [in same manner as with realty]. 2(
'oS ch.539, 18 My
Administration
CIVIL LAW PROPERTY A^-^9
k Or. Amdg. Ann. C.& S. §5577 1(6 as to descent & distribution from
minor leaving neither husband, wife or child. 7§ '05 ch.184, 21 P
m Vt. In default of issue, widow residing with husband dying in-
testate may take household effects in addition to distributive share.
1 5 '04 ch.68. 30 N
425 Devises
a U. Amdg. R.S.'gS §2754 rel. to effect of marriage with or without
birth of issue, on prior will of decedent. i§ 'o5ch.i7,24P
b Wis. Amdg. S.'qS §2284-85 rel. to devises to husband or wife of
subscribing witness. 2§ '05 ch.128, 29 Ap
436 Adininistxation of estates
Set also 836, Inheritance taxes; 1698. Trust companies
a Ct. Amdg. G.S.'o2 §252: Court of Probate in district or select-
men of town where estate of nonresident missing person is situated
may appoint trustee for estate ; trustee may use property for support
of family. i§ *oS ch.86, 24 My
439 Probate procedure
a Cal. Amdg. C.C. §1275-76, 1285, 1300, 1306-7, 1327, 1364, i376
rel. to execution of will : effect of marriage & birth of issue ; interpre-
tation; purchase from heir; capacity to take by will. 9§
'05 ch.448, 21 Mr
ax Id. Practice and procedure in Probate Courts same as in Justices
Courts. Rep. R.S.'87 §4629. 2§ '05 p.28, 2F
b Me. Beneficiaries under will to be notified by register of Probate
Court; copies of will; fees. 2§ '05 ch. 89, 18 Mr
c Mass. Amdg. R.L. ch.136 §1: petition in Probate Court to be
verified by at least i petitioner. i§ 'o5ch.9o,2iF
d Mass. Amdg. R.L. ch.162 §47 rel. to publication of certain probate
notices. i§ '05 ch.229, 28 Mr
e N. H* Amdg. P.S. ch. 1 82 §8 as to place of probate of will & granting
of administration. i§ *o5 ch.8, 8 F
f N. D. Amdg. R.C.*99 §6188-91: transfer of probate cases from
County Court to adjoining county or disqualification of county judge;
not to affect right to administer; retransfer. 4§ '05 ch.90. 23 F
g Okl. In county of 40,000 or county with city of 12,000 jury pro-
cedure in Probate Court same as in District Court ; appeals to Supreme
Court; stenographer; salary of probate judge, $2000 from fees. 6§
*o5 ch.i2, art.3
h Tenn. Practice in Chancery Courts: Appellate Courts to consider
evidence objected to & rulings of chancellor without requiring bill of
exceptions. 2§ '05 ch.49, 18 Ja
i Tenn. Amdg. C.'96 §6160 as to cases when judgment pro confesso
may be taken in default in Court of Chancery. i§ '0$ ch.472, 17 Ap
Administration
430-3* N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
j Wis. Amdg. S.'qS §2443: Coxinty Court to have jurisdiction
over construction of wills; notice of petition for construction of will.
Adds §379ia. 2§ '05 ch.163, 3 My
430 Probate courts and officers
a 111. Jurisdiction of Probate Court over testamentary . trust. 6§
'05 p.i86, 5 My
b 111. Amdg. '77 p. 79 §6 rel. to term of Probate Court. 2§
'oS p.i88, 13 My
c Kan. Submitting amdt. to Const. 1859 art.3 §8: Leg. may provide
for appointment of judge pro tem in absence or disability of probate
judge: probate judge may receive salary & clerk. Vote Nov. 1906.
2§ *o5 ch.544, 22 P
d Me. Amdg. R.S.'o3 ch.65 §6: probate judges may interchange. i§
'05 ch.9, 14 P
e Me. Salary of register of probate. i§ '05 ch.isi, 24 Mr
f Me. Salary of judge of probate. i§ '05 ch.165, 24 Mr
g Mass. "An act to provide for performance of duties of judge of
probate & insolvency absent from cause other than sickness or in-
terest." i§ 'oS ch.92, 21 P
h Mich. Amdg. R.S.'46 ch.33 §6 rel. to jurisdiction of probate judge.
i§ '05 ch.271, 16 Je
i Minn. In county over 35,000 com'rs may supply probate judge
with clerical assistance to amount of $900 a yr where not provided
for by law. 3§ *o5 ch.8i, 30 Mr
j Mo. Amdg. R.S.'99 §3240 rel. to fees of probate judge. i§
'oS p.i55» I Ap
m II. J, Rep. sundry acts rel. to Orphans Court. 2§
'oS ch.iS3, 17 Ap
n Tenn. Amdg. '03 ch.248 §1, 4 rel. to trial of causes by chancellor.
4§ '05 ch.427, 14 Ap
p U. Amdg. *99 ch.72 §9 as to stenographers fees in probate matters.
i§ » '05 ch.50. 8 Mr
431 Probate of wills
a Cal. Amdg. C.C.P. §1308: witness to will not residing in county of
probate may make deposition based on photographic copy. i§
'oS ch.261, 18 Mr
c Kan. Amdg. G.S.'68 ch.117 §12 rel. to taking testimony of sub-
scribing witness to will. 3§ '05 ch.526, 4 Mr
d N. Y, Amdg. C.C.P. §2615: executor named in will must be cited
on petition to propound. i§ '05 ch. 438, 16 My
e Pa. Will of person presumed to be dead owing to 7 yrs unex-
plained absence may be probated; procedure. Supplements '85 ch.
122. 3§ '05 ch.ii2, 14 Ap
432 Contest of wills
a N. J. Amdg. '98 ch.234 §22 rel. to allowance for support of widow
& children during suit to contest probate of will. i§
'05 ch.156, 17 Ap
Administration
CIVIL LAW PROPERTY 43^-41
b Pa. ** Authorizing appeals to Orphans Courts from decisions of
registers of wills, granting issues in case of contested wills." 2§
'05 ch.4, 28 F
433 Foreign wills
a Col. Amdg. '03 ch.181 §36 rel. to probate of foreign wills. i§
'05 ch.143, ^S Mr
b Or. Amdg. Ann.C.& S. §5562 as to proof of copy of will filed but
not probated in foreign jurisdiction. i§ *o5ch.i53,2iP
c Vt. Amdg. S. §2367 as to filing of authenticated copy of foreign
will retained by notary, ij '04 ch.67, 8 D
435 Probate bonds
a Ct. Giving new probate bond. i§ '05 ch. 83, 19 My
b Vt. Amdg. & supplementing S. §2623-24 as to bonds filed in Pro-
bate Court. 4§ *o4 ch.71, 29 N
440 Administration
a Neb. County Court may dispense with administration of estate
of intestate when imincumbered & not liable for debts of decedent;
proceedings. 5§ '05 ch.63, i Ap
b N. J. Rep. sundry acts rel. to executors & administration of es-
tates. 2§ '05 ch.iss, 17 Ap
44X Administrators and executors
a Ari. Amdg. R.S.'oi §1826 rel. to action by or against executor or
administrator. 2§ '05 ch.37, i6 Mr
b CaL Personal representative of deceased executor or adminis-
trator to account in his stead. Adds C.C.P. § 1 639. i §
'oS ch.235, 18 Mr
c CaL Amdg. C.C.P. §1618 rel. to fees of executors, administrators
& their attys. Adds §1619. 3§ *oS ch.561, 22 Mr
d Cal. Amdg. C.C.P. §1616 rel. to fees of executors, administrators
and their attys. i§ '05 ch.577, 22 Mr
e Ct Amdg. G.S.'o2 §301 rel. to appointment of administrator
with will annexed. Rep. §304. 3§ '05 ch.123, 6 Je
f Ct. Hearing on application to Probate Court for ancillary letters.
i§ '05 ch.iS2, 21 Je
g Ct Penalty for failure to file inventory of estate by executor, ad-
ministrator or trustee. i§ '05 ch.217, 6 Jl
h IlL Amdg. '72 p. 7 7 §6 rel. to form of oath of executor or admin-
istrator. i§ 'oS p.2, II My
i IlL Amdg. '7 2 p. 7 7 §18 rel. to right to letters of administration. 1 §
'05 p.2, 12 My
j Minn. Amdg. '89 ch.46 §251: personal representative to furnish
bond in double amount of claims against estate. i§ '05 ch. 21, 2 Mr
k Minn. Amdg. '03 ch.195 §1 rel. to discharge of executor or admin-
istrator. i§ 'oS ch.332, 19 Ap
Administration
441-43 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
m Hon. Amdg. C.C.P. §2776 rel. to compensation of executors. 25
'oS ch.4, 2 F
n N. Y. Amdg. C.C.P. §2730: if gross [net] amount of decedents real
estate exceeds $100,000 executors up to number of 3 may receive full
commission. i§ '05 ch.328, 2$ Ap
p N. Y. Amdg. C.C.P. §2704 as to authentication of letters of ad-
ministration granted in other state, to secure recording. i§
'05 ch.347, 26 Ap
q N. C. Executor of executor not to act as executor of first testator.
i§ 'oS ch.286, 23 F
r Or. Amdg. Ann. C. & S. §1176 as to additional bonds from ex-
ecutor or administrator on sale of decedent's real estate. i§
'05 ch.173, 21 F
8 Wis. Granting of letters testamentary or of administration with-
out formal notice. i§ '05 ch.336, 10 Je
442 Management and settlement
a CaL Amdg. C.C.P. §1597-607 rel. to completion by executor or
administrator of decedent's contract for sale of property. ii§
'05 ch.80, 7 Mr
b Cal. Amdg. C.C.P. §1669: before decreeing distribution court
must be satisfied that [personal] property & inheritance taxes have
been paid. i§ '05 ch.85, 7 Mr
c Cal. On application for sale of decedent's real property court may
order sale of personalty. Rep. C.C.P. §1639; ^idds §1527. 2§
'oS ch.267, 18 Mr
d CaL Amdg. C.C. §1386, 1388, 1395, 1399, 1405-6 rel. to distribu-
tion of intestate's estate. Adds §1409. 7§ '05 ch. 449, 21 Mr
c Ct. Amdg. G.S.'o2 §323 : choses in action in inventory of decedent's
estate not to be appraised. i§ '05 ch.4, 30 Mr
f Ct. Amdg. G.S.'o2 §326 rel. to notice to creditors to present
claims against estate of nonresident deceased. i§ 'oS ch.136, 15 Je
g Ct. Inventory of estate in settlement. Rep. G.S.'o2 §324. 3$
'05, ch.i6o, 21 Je
h Ct. Mortgage of decedent's estate by administrator or executor:
sale or mortgage of real estate free of dower. Amds. G.S.'o2 §354.
3§ '05 ch.169. 21 Je
i Ct. Claims against executor or administrator. i§ '05 ch.240, 18 Jl
j Id. Amdg. C. §4143 as to enforcement of mortgage or Hen against
estate. i§ '05 p.82, 21 F
k Ind. Procedure to secure administration of decedent's real property
or free it from claims of creditors. 5§ '05 ch.36, 25 F
m Mass. Amdg. '03 ch.260 §1 rel. to sale of real estate by public ad-
ministrator. 2§ '05 ch.124, 3 Mr
n Mass. Amdg. R.L. ch.z4o §3 as to satisfaction of intestate share of
surviving husband or wife by sale of real estate of deceased. i\
'05 ch.256, 5 Ap
Administratio]]
CIVIL LAW PROPERTY 44^
p Mich« Amdg. R.S.'46, ch.70 §6: administrator of decedent's
estate may prosecute or be proceeded against in personal stirviving
actions. i§ *o5 ch.241, 16 Je
q Mich. Amdg. R.S.*46 ch.77 §56 rel. to licensing of executor, ad-
ministrator or guardian to sell real estate for payment of debts. i§
'05 ch.261, 16 Je
r Mich. Amdg. R.S.'46 ch. 71 §16, 17 rel. to bringing action by
executor or administrator to recover property fraudulently conveyed
by decedent, on order of creditor; creditor may sue on failure of ad-
ministrator or executor to prosecute. 2§ '05 ch.326, 20 Je
8 Minn. Amdg. '89 ch. 46 §121: Probate Court may appoint trustee
to preserve legacy contingent on legatee living to certain age. ■!§
*o5 ch.234, 17 Ap
t Nev. Amdg. '97 ch.io6 §124: when personalty of decedent is in-
sufficient to pay debts court may order lease or sale of mining claim.
2§ *oS ch.47, 7 Mr
u If. M. Funds of insolvent estate after paying cost of administration
to be divided pro rata among creditors. 2§ *oS ch.12, 20 F
V If. M. Amdg. *oi ch.8i §19 rel. to appraisal of decedent's estate.
2§ *oS ch.so, 10 Mr
w If. M. Amdg. '01 ch.8i §6 rel. to failure of executor or administrator
to protect estate; suit by third party. 2§ '05 ch. 131, 16 Mr
z If. Y. Court may when directing sale of decedent's realty include
widow's dower rights to increase fund to pay debts & funeral ex-
penses; distribution. Adds §2800 to C.C.P. i§ *oS ch.430, 16 My
y N. C. Personal representative may sell land bid in for benefit of
estate. 2§ '05 ch.342, 2 Mr
yi If. C. Amdg. '01 ch.i86: personal representative of mortgagee or
trustee of property pledged for debt may enforce ; heir not necessary
party. 3§ '05 ch.42S, 4 Mr
ya If. C. Personal representative may erect gravestone & charge to
ftmeral expenses; limit $100 without special court order. 3§
'05 ch.444, 4 Mr
y3 Or. Executor or administrator may execute deed of conveyance
where decedent had given bond for deed. 2§ 'oSch.i9,3F
y4* Or. Amdg. Ann. C. & S. §1172-73: court may order sale of dece-
dent's realty before personalty. 3§ *o5ch.i3o,i8F
75 Pa. Executor or administrator to pay fund claimed by foreign
personal representative into Orphans Court where beneficiary is resi-
dent of state. 2§ '05 ch.67, 31 Mr
y6 S. D. Amdg. Probate Code §201, 203-4, 207-8 rel. to sale of real
estate by executor or administrator by court order. 6§ '05 ch.83, 24 F
77 Tex. Amdg. R.C.S. '95 art.2iS9, 2164, 2170-71, 2174 rel. to par-
tition & division of estate of decedent. s§ '05 ch.77, 12 Ap
y8 Tex. Amdg. R.C.S. '95 art. 2 2 24 providing that survivor of com-
munity estate shall make out inventory of estate & list of indebtedness.
15 *o5 ch.140, 17 Ap
z U. Amdg. R.S.'98 §3952 as to contents of petition of executor or
administrator for final accounting, ij '05 ch. 60, 9 Mr
Guardianship
442-46 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
zx Vt. Amdg. S. §2434: copy of report of com'rs on disputed claims
against estate to be delivered to executor or administrator, i §
*o4 ch.69, 7 D
Z2 Vt. Amdg. S. §2503 rel. to order of payment of claims against
estate of deceased; expense of ^ gravestone allowed by probate judge if
not over $2^. i§ '04 ch.70, 7 D
23 Wis. Claims against estate paid by executor or administrator, not
filed or approved, may be allowed before final accounting, on appli-
cation to court & notice to heirs & legatees. Adds S. '98 13030a. i§
*oS ch.232, 22 My
445 Guardianship
See also 3173, Children
a Cal. Removal of guardianship proceedings from Superior Court of
one coimty to another. Adds C.C.P. §1760. i§ '05 ch.178, 18 Mr
b Cal. Amdg. C.C. §246: one entitled to guardianship of child who
abandons it or allows charity to support i yr without notice of his
rights forfeits them. Rep. §242-45, 247-49, 258. 9§
*o5 ch.562, 22 Mr
c Ct. Probate Court may appoint disinterested person guardian ad
litem for minor having parent or guardian. Amds. G.S.'o2 §229. i|
'oS ch.139, IS Je
d Del. Msdr. for guardian to embezzle or misapply trust funds.
Amds. '01, ch. 213 Ji. i§ '05 ch.208, 3 Ap
e 111. Amdg. '72 p. 469 §22: guardian may loan on ist mortgage for
5 [3] yrs- i§ '05 p.287, 13 My
f Minn. Amdg. G.S.'94 §4539: either parent [father] udth others
written consent may appoint guardian for minor child by will; accept-
ance and bond. i§ '05 ch.256, 18 Ap
g If. H. Guardian may resign with permission of probate judge. i§
'oS ch.22, 16 P
h N. C. Guardian may enforce mortgage made to former guardian.
i§ '05 ch.433. 4 Mr
i Or. Transfer of estates in guardianship from one Coimty Court to
another. 3§ '05 ch.i6, 3 F
j Tex. County judge may appoint temporary guardian for minor
or his estate; to become permanent if imcontested. 6§
'oS ch.is, 23 P
k Wash. Amdg. Ballinger's Ann.C. & S.'97 §6403 rel. to guardian's
bond. i§ 'oS ch.17, 14 P
m Wis. Appointment, powers & duties of special guardians of minors,
insane etc.; delivery of property to successor. Adds S.'98 §399 S c-f.
4§ '05 ch.89, 17 Ap
446 Insane and incompetent
See also 2205, I nsane ; a a x 5 , Feeble-minded
a Cal. Amdg. C.C.P. {1774 as to final accounting of guardians of
certain insane wards. i§ *o5 ch.ass, 18 Mr
Guardianship
CIVIL LAW PROPERTY 44^47
b Ct. Amdg. G.S.'o2 §242 rel. to property of nonresident incom-
petent: remission of proceeds of sale of property to conservator at
incompetent's residence. i§ '05 ch.77, 19 My
c Elan. Appointment of guardian of person & property of person de-
clared by special jury to be of imsound mind or habitual drunkard;
duties; discharge. Rep. G.S.'oi ch.6o art.i. 32§ '05 ch.299, 9 Mr
d Me. Amdg. R.S.'o3 ch.69 {26 as to intervention of mim. officers
to secure appointment of new guardian for adult. i§ '05 ch.6, 9 F
e Mass. Amdg. R.L. ch.145 §40: Probate Court may appoint con-
servator for Mass. property of incompetent nonresident. i§
*o5 ch.127, 3 Mr
f If. J. Amdg. '98 ch.S9 §1: Orphans Court may appoint guardian
for property of one confined in insane asylum for 10 yrs. 2§
'05 ch.133, 12 Ap
447 Sale, mortgage and lease of property
a Gal. Amdg. C.C.P. §1579: court may order lease of property of
decedent, minor or incompetent for term not exceeding 10 [5] yrs. i§
•05 ch.iS4, i8 Mr
b Ct. Amdg. G.S.'o2 §245 rel. to mortgage of ward's estate by guar-
dian. i§ '05 ch.2, 16 Mr
c Kan. Amdg. '03 ch.327 §1 rel. to sale & conveyance or mortgage
of ward's real estate by guardian of insane person or habitual dnmk-
ard. 4§ 'oS ch.300, 8 Mr
d Mich. Amdg. R.S.'46 ch.78 §26 rel. to sale of land for support of
ward. i§ '05 ch.263, 16 Je
c Mon. Guardian may mortgage ward's estate; procedure. Adds
to C.C.P. §2989-90. 2§ '05 ch.48, I Mr
f Neb. Cotmty Courts may authorize executors, administrators &
guardians to mortgage real estate, and appoint special administrator
therefor. Rep. C.S.'o3 §3155-56. 4§ '05 ch.62, i Ap
g Neb. Amdg. C.S.'o3 §2878, 2881 rel. to sale of ward's estate: land
to be sold by guardian at public sale; tmder $500, court may order
private sale; notice of sale. 3§ '05 ch.6o, 4 Ap
h N. H. Amdg. P.S. ch.177 §8: guardian may lease ward's real estate
with consent of judge of probate. i§ '05 ch.13, 9 F
i N. Y. Amdg. C.C.P. §1590, 2349: notice of application for par-
tition or sale of realty of incompetent in state inst. to be served
on sup't. 2§ '05 ch.434, 16 My
j N. C. Amdg. '03 ch.99 §3 : funds arising from sale of realty where
contingent femainder-man is not in esse may be loaned under direction
of court for not over 2 yrs pending reinvestment. i§
'oS ch.548, 6 Mr
k N. D. Providing for specific performance by guardian of contract
for sale of real estate in certain cases. i§ 'o5ch.ii6,ioF
m Okl. Guardian of infant & insane may lease & grant mineral
lands of ward for royalty on production. 3 § '05 ch. 1 2 , art. i , 1 5 Mr
n Okl. Amdg. '01 ch.i §1 rel. to mortgages of real property by admin-
istrators of intestate estates & guardians of estates of minors & insane.
i§ *o5 ch.i2 art. 2, 15 Mr
Trusts
447-48 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1 905
p Or. Amdg. Ann. C. & S. §5611 rel. to conditions under which sale
by guardian is valid though contested by ward. i§ *oS ch.83, 15 P
q S. D. Amdg. Probate Code §408, 410 rel. to mortgage of ward's
property by guardian. 2§ '05 ch.91
r Wy. Amdg. R.S.*99 §4913 rel. to service by publication of notice
of sale by guardian of ward's real or personal estate. i§
*o5 ch.i2, 8 P
448 Trusts (general)
A Cal. Receiver, assignee or one in fiduciary capacity required by
law to give bond may charge premium not exceeding i% to estate, i }
'05 ch.377, 20 Mr
b Cal. Amdg. C.C. §2236: trustee who mingles trust property with
his own liable for value of its use. i§ *o5 ch.456, 21 Mr
c DeL Vesting title to trust property in trustees appointed by chan-
cellor. i§ '05 ch.197, 29 Mr
d 111. Investment of trust funds. i§ '05 p. i, 18 My
e Elan. Probate Court to have jurisdiction over trust for minor;
trustee governed by rules of guardianship. i§ '05 ch. 191, 4 Mr
f Mass. Settlement of certain trust estates where life beneficiary
has not been heard of for 14 yrs. i3§ '05 ch.326, 21 Ap
g Minn. *'An act to amend G.S. '94 §4284 subdiv.6 amended by
*oi ch.9S rel. to express trusts." '03 ch.132,4 Ap. Uftconst. Title
restrictive rel. to mun. trusts while act embraces gen. subject of ex-
press trusts. Watkins v. Bigelow 100 N.W. 1104 (1904).
h Minn. Amdg. '78 ch.43 §21: trustee may execute lease for 5 yrs;
District Court may authorize sale, mortgage or lease of trust property;
procedure to secure order. i§ '05 ch.339, 19 Ap
i Men. Officer may take required oath when corp. is authorized to
act in fiduciary capacity. i§ '05 ch.is, 15 F
j Neb. Fiduciary may include in expenses premium paid surety
CO. i§ '05 ch.13, 29 Mr
k N. J. Court of Chancery may transfer trust property under its
control to custody of court of another state or foreign trustee. Sup-
plements *86 ch.49. 2§ *oS ch.134, 12 Ap
m N. J. Amdg. '98 ch.234 §121, 124-26 rel. to exam, of accounts of
fiduciaries by surrogate. 4§ '05 ch.154, i7 Ap
n N. J. Amdg. '99 ch. 156 §1, 3 as to disposition of balance remaining
in hands of trustee after performing terms of trust. 3$
'05 ch.207, 28 Ap
p Pa. Amdg. '79 ch.17 §1 rel. to appointment of trustees to care for
estate of one who has disappeared. 3§ *o5, ch.55, 30 Mr
q Wis. Amdg. S.*98 §3803 as to removal of fiduciaries: order to show
cause to be served. Adds 13803a. 2 J *oS ch.242, 23 My
r Wis. Amdg. '03 ch.317 : trust funds may be invested in Wis. state
bonds; authority to invest conferred by will or instrument of trust
e^^epted. 2§ '05 ch.284, i Je
Homesteads
CIVIL LAW PROPERTY 44^-51
449 Insolvency. Assignments
Sۤalso4S4, Debton; 450f Sale of merchandise; 523, Corporations; 127;^. Railways;
X343> Street railways; 1687, Banking; 1722, Building and loan associations; 1743*
Insurance
A Cal. Amdg. C.C. §3451 rel. to assignment for benefit of creditors.
i§ '05 ch.466, 21 Mr
b Col. Balance of property assigned for benefit of creditors un-
claimed I yr after declaration of final dividend to be divided pro rata
among known creditors; procedure. Adds §i2a-c to '97 ch. 2 6. 3§
'05 ch.75, 10 Ap
c Ga. Debt discharged in bankruptcy to be revived only on signed
promise of debtor. 2§ '05 p. 10 1, 22 Ag
d If. D. Cancelation of judgments against bankrupts; procedure. 4§
*oS ch.i2S, 13 Mr
e Pa. Assignments for benefit of creditors executed in another state
to terminate as to property in Pa. at end of 2$ yrs. i§
*oS ch.228, 3 My
f W. Va. Trustee of insolvent debtor to qualify & give bond; ap-
pointment of appraisers; final report of trustee to com'r of accounts of '
County Court. 2§ ^ '05 ch.55, 15 F
450 Receivers
a Ct Selectmen of town may apply for receiver for organization
for support of members where members may become expense to town.
25 '05 ch.2o6, 29 Je
b Mich. Amdg. R.S.*46 ch.118 §11: receiver of dissolved corp. may
continue business 16 mo. i§ *o5 ch.96, 4 My
451 ^ Homesteads. Exemption from execution
5«# also 741, Attachment
a Cal. Amdg. C.C. P. §1723 as to disposition of homestead on death
of I of spouses occupying. i§ '05 ch. 149, 18 Mr
b Cal. Amdg. C.C. §1263: homestead declaration to contain name of
spouse. i§ 'oS ch.447, 21 Mr
c CaL Alienation or incumbrance of homestead where i spouse is
insane; petition; notice; order. Adds C.C. §i269a-c. 3§
'oS ch.s6o, 22 Mr
d Col. Amdg. '03 ch.75 §1: i spouse may execute valid mortgage
or deed of trust on homestead without joining other. i§
'05 ch.85, 25 Mr
e Kan. Contract for sale or exchange of homestead unenforceable
unless signed by husband & wife or agent authorized by both. 2§
*o5 ch.154, 9 Mr
f Me. Amdg. R.S.*o3 ch.77 §19: insurance of married woman
descends to husband & children free from claims of creditors. i §
*o5 ch.74, IS Mr
g Mon. Amdg. C.C.P. §1221-22 rel. to property of married person
or head of family exempt from execution. 3§ '05 ch. 8, 6 F
h If. M. Amdg. C.L.*97 §1746 rel. to exemption from execution in
action in Justices Court. 6§ '05 ch. 8 2, 15 Mr
451-59 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
i If. C. Amdg. C. §505 : homestead not to be exempt from execution
after conveyance by original owner; latter may take up new homestead.
2§ *oS ch.iii, 6 F
j Okl. Amdg. S.*93 {2844: family home whether title in husband or
wife exempt from attachment, 2§ /oS ch.18 art.i, 15 Mr
k Or. Amdg. Ann.C.& S. §228 rel. to exemption of earnings of
judgment debtor. i§ '05 ch. 220,22 F
m Or. Amdg. Ann.C.& S. §221 rel. to exemption of homestead from
execution. i§ '05 ch.221, 22 F
453 Contracts and other obligations
5«# also ^04, Contract for sale of land; 510. Corporations; 787* Contracts and sup-
plies (public); 835. Tax on deeds and contracts; i34ai Street railways; azz3(s.
Employment; 2560. Local finance
a Cal. Amdg. C.C. §1624-25: statute of frauds to apply to contract
not to be performed during life of promisor or to leave property by
will. 2§ *oS ch.451, 21 Mr
b Kan. Convict for less than life term may contract concerning
property. i§ '05 ch. 153, 8 Mr
c Neb. Person not required to pay for publication mailed or sent
without subscription or order, or after expiration of same, i §
*o5 ch.104, I Ap
d N. C. Standard table of present worth of annuity. 3§
*oS ch.347, 2 Mr
454 Debtors
Set also 449, Insolvency; 450. Sale of merchandise; 73s. Judj^ments
a Me. Amdg. R.S.'o3 ch.114 §23 as to subpoena of debtor in dis-
closure suit. i§ '05 ch. 131, 23 Mr
Amended '0$ ch.134, 22 Mr
b N. J. State as creditor receiving proceeds of sale of property of
absent, fraudulent or absconding debtor need not give bond. Sup-
plements *oi ch.74. i§ '05 ch.i86, 20 Ap
c N. C. Judgment creditor may secure partition of lands held by
debtor as tenant in common; execution against excess over home-
stead. 3§ *oS ch.429, 4 Mr
455 Hotel keepers liability
a Mich. Liability of innkeeper for personal property of guest. Rep.
*7Sch.iS, •97ch.227. 3§ '05 ch.42, $ Ap
b Neb. Rev. Ann.S.*o3 §6350-52 rel. to duties, liabilities & rights of
hotel, restaurant & boarding house keepers. 4§ '05 ch.8i, 3 Ap
457 Seals
See also 438. Probate procedure
a Tex. Amdg. R.C.S.*95 art.676: atty. of corp. may convey land
without Corp. seal. i§ *o5 ch.120, 15 Ap
459 Sale of merchandise
a Ct. Amdg. G.S.'o2 §4868 rel. to sale of merchandise in bulk: void
against creditors unless notice filed signed by vendor; time of filing.
i§ *oS ch.2ii. 6 Jl
CIVIL LAW CONTRACTS
b 111. Sale of any part of stock of merchandise except in usual course
of business void tinless vendor's creditors are notified in detail 5 days
before transfer. 2§ '05 p. 2 84, 13 My
c Ind. Sale of merchandise in bulk not in course of trade -void as to
creditors who^supplied stock or loaned money for business tmless notice
is given as prescribed. '03 ch. 153, 9 Mr. Unconst. Arbitrarily
creates class of preferred creditors den)ring equal protection of law.
McKinster v. Sager 72 N.E. 854 (1904).
d Me. Sale of merchandise in bulk. 2§ '05 ch. 11 4, 21 Mr
e Mich. Sale & assignment of merchandise in bulk. 3§
*o5 ch.223, 16 Je
f N. Y. Amdg. Pen.C. §544 : if vendee has made written statement to
obtain credit, books to be open to vendor's inspection on failure to
pay; refusal presumptive evidence of fraud. i§ '05 ch.556, 18 My
g Or. Minor amdt. to Ann.C. & S. §4624 rel. to sale of goods in bulk.
i§ '05 ch. 22, 3 F
h Pa. Sale of merchandise in bulk not in course of trade voidable for
90 days at suit of creditor to whom 5 days notice was not given;
msdr. for vendor to deceive vendee as to creditors. 3}
*oS ch.44, 28 Mr
i U. Regulating dealings in goods in bulk not in course of trade. 55
'oS ch.90, 9 Mr
460 Agency
a CaL Amdg. C.C. §2334 rel. to liability of principal for act of agent.
1 1 '05 ch.4S7, 21 Mr
b Kan. Amdg. G.S.'oi §3174: signature of agent to satisfy statute of
frauds must have been made with wrttten authority. 2§
*oS ch.266, 7 Mr
460(5 Acceptance of commission
a Ct. Penalty for bribing employee. 3§ '0$ ch.99, 24 My
b Mich. Felony to bribe employee. i§ '05 ch.210, 13 Je
c N. Y. Msdr. to bribe employee or servant. Adds §384r to Pen.C.
i§ *oS ch.136, 5 Ap
d R. I. Msdr. to bribe employee & for employee to take bribe. Rep.
G.L. ch.283 §17. 7§, *o5 ch.i2i9, II Ap
e Wash. Msdr. for agent, employee or officer to accept gratuity or
commission from other than his principal. i§ '05 ch. 158, 11 Mr
I Wis. '*An act to prohibit influencing of agents, employees or
servants." '05 ch,i29, 29 Ap
461 Money. Interest. Usury
a Mich. Rep. '38 ch.47 which prohibited circulation of paper cur-
rency of less denomination than $1. i§ 'oSch.267,i6Je
463 Interest. Usury
See also 1727, Pawnbroking
a Me. Amdg. R.S.'o3 ch.46 §2 as to usurious small loans on person-
alty. *o5 ch.90, 18 Mr
b Mo. Amdg. R.S.*99 §3708: usurious interest & costs recoverable
by borrower or his personal representative. i§ *osp.i72,27F
negotiable instruments
463-66 N. Y. STATE LIBRARY INDEX OP LEGISLATION I90S
c Wis. Amdg. S, '98 §1691 as to penalty for usury; loan of money
secured by pledge or assignment of wages. i§ '0$ ch.278, i Je
464 Negotiable instruments
See also 1596. Legal holidays
a Ari. Amdg. R.S.'oi t.49 rel. to negotiable instrvunents. iij
*o5 ch.23, 4 Mr
b Cal. Amdg. C.C. §3088: negotiable instrument may provide for
payment of atty.'s fee & costs of suit to compel pa)mient. i§
*o5 ch.97, 10 Mr
c Cal. Amdg. C.C. §3131, 3176, 3197, 3235 rel. to presentation of
negotiable instnunent; acceptance of bill by written promise; damages
on dishonored foreign bill. 4§ '05 ch.462, 21 Mr
d Fla. Felony to obtain property by issuing draft, order or check
which drawer knows will not be paid or when deposit at bank insuffi-
cient tmless within 24 hrs after notice of dishonor drawer pays amotmt
of instrument or restores consideration. i§ '05 ch.97
e 111. Amdg. R.S.'74 ch.98 §17: in city of 200,000 Sat. from 12
"holiday" for purpose of acceptance or payment of negotiable instru-
ment, ij '•$ p.33«. 13 My
f Kan. Adopting negotiable instrument law taniform with that of
other states. Rep. G.S.'oi §S4o-57a- i99§ '05 ch.310, 7 Mr
g Mich. Negotiable instnmients law. 19 2 § '05 ch.265, x6 Je
h Minn. Amdg. '03 eh. 261 §1-2 rel. to maturity of negotiable in-
strument due on Sun. & certain holidays. 3§ '05 ch.345, x8 Ap
i Mo. Adopting negotiable instnunent law uniform with laws of
other states 197! '05 p.243, 10 Ap
j Neb. Rev.Ann.S.'o3 ch.39 rel. to negotiable instrvunents. i97§
*o5 ch.83, I Ap
k If. D. Amdg. R.C.'99 §767 1 : obligation in writing for patent medi-
cine or for cure oC any disease to have consideration written across face.
i§ 'oS ch.189, 24 P
m N. D. Rep. R.C. '99 ch.88 rel. to negotiable instruments. x{
*o$ ch.138, II Mr
n S. D. Form of note for medical treatment; nonnegotiable; failure
to cure after written guarantee a msdr. .4! 'o5ch.i4i,2SP
p S. D. Obligation taken for lightning rod, patent, or as premium
for mutual hail insurance to state consideration across face in red ink;
nonnegotiable. 2§ '05 ch.140, 7 Mr
q Wis. Bank not liable for payment of raised or forged check unless
action brought by depositor within i yr after return of check to de-
positor. Adds 8*98 §1675 subdiv. 24. i§ '05 ch.262, 25 My
r Wy. Adopting negotiable instnunent law uniform with that of
other states. 197! '05 ch.43, 15 P
465 DAys of grace
a N. C. Amdg. '99 ch.733 §197: abolishing days of grace except on
sight drafts, ij '05 ch.327, 28 F
466 Partnership
a Mich. Amdg. '77 ch,i9i §13 rel. to limited partnerships. i§
'05 ch.63, 19 Ap
Personal injury
CIVIL LAW TORTS 466-7X
b Mich. Amdg. '77 ch.i9x §10 rel. to service of process on limited
partnership ass'ns. -2§ '05 ch.i88, 7 Je
467 Suretyship
5«# also Z793« Surety companies
a Fla. Surety on bond on which action is brought may be granted
injunction by Court of Chancery, restraining principal on bond from
■ disposing of property tUl final disposition of case; proviso. z(
*o5 ch.35, II My
b ©. Official & fiduciary bonds over $2000 must be guaranteed
by surety CO. *o4 p.182, 22Ap, amdg. R.S. §364x0. Unconst. Restricts
freedom of contract. State v. Robins 73 N. E. 470 (1905).
468 Torts
Ste also index under Damages to property
a Gal. Amdg. C. C. §1929-30, 1932 rel. to liability of hirer of prop-
erty for injury from wrongful user; termination of hiring. 3 J
'05 ch.454, 21 Mr
b Cal. Amdg. C. C. §3294 rel. to exemplary damages in tort action.
i§ '05 ch.463, 21 Mr
c Mo. Definition of terms used in R.S. '90 ch. 17 rel. to contribution
of railroads in tort action. *oS p. 138, i Ap
470 Forcible entry and detainer
a Kan. Amdg. G. S. '01 §5397 1 54oi rel. to forcible entry & detainer.
3§ '05 ch.338, 22P
b Wash. Amdg. '91 ch.96 §3, 5, 11-12 rel. to forcible entry & de- •
tainer. 4§ '05 ch.86, 6 Mr
471 Personal injury
Set also ifiiSi Railroads; 1368(3, Street railways; aza.s. Employers liability;
3446. Municipalities; ayaS, Roads: 2639, Electricity and gas
a Mich. Measure of damages in actions for death due to negligence ;
distribution of proceeds ; amoimt recovered not subject to creditors,
claims. 2§ '05 ch.89, 3 My
b Mich. Amdg. R. S. '46 ch. 140 §2: action against ph3rsician or
dentist for malpractice to be brought within 2 yrs. i§
'05 ch.i68, 6 Je
c Mich. Legal impediment to marriage no bar to action by party to
marriage or issue for injury by negligence to either party to marriage
relation. i§ '05 ch. 2 80, 16 Je
d Mo. Amdg. R. S. '99 §2864 rel. to amoimt of damages recoverable
for death caused by negligence of one having charge of public con-
veyance; parties. i§ '05 p. 135, 13 Ap
c Ifev. Damages for personal injury to be adjudged by state or
federal court. 4§ '05 ch.142, 23 Mr
f Ifev. Amdg. '71 ch.36 §1 : liability for death by wrongful act to be
adjudged by state or federal court. 2§ '05 ch.148, 24 Mr
g S. C. Amdg. C. C. §2859: action for injury to person or personal
property to service to & against personal representative. i§
'05 ch.471, 7 Mr
472
A
Mich.
b
Mon.
c
N. M.
d
N.D.
c
Okl.
N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
Libel. Slander
Introduction of evidence in libel action. 3§ '05 ch.94, 4 My
Msdr. to secure publication of false or libelous statement. 2§
'05 ch.36, 2$ F
Reenacting '89 ch.2 rel. to libel. i§ *oS ch.13, 22 F
Defining libel or conspiracy to libel. 5§ '05 ch. 128. 2 Mr
Slander to impute unchastity to female, 2§
'05 ch.13 art. 6, 13 Mr
f Wash. Rep. '99 ch.59 rel. to retraction of libel by newspaper to
prevent suit. i§ '05 ch.4, 19 Ja
473 Trespass
See also 326, Crimes; 1879, Domestic animals; 1908, Game and fiah; 2034. Mines
a Fla. Trespass on inclosed lands : notice by poster not required on
inclosed land under 200 acres with dwelling house; boundary fonned
by water need not be fenced. 3§ '05 ch.47, 15 My
b Mich. Amdg. R.S. '46 ch.107 §30: abolishing distinction between
actions of trespass & trespass on the case. i§ '05 ch.77, i My
c U. Amdg. R. S. '98 §4430: trespass to use personal property xvith-
out consent of orvner or person in charge. i§ '05 ch.44, 8 Mr
Family
474
a Wis. Amdg. S.'98 §2345: wife may bring action for alienation &
loss of affection & society of husband. i| '05 ch. 17, 17 Mr
476 Marriage
See aho 246. Crimes against public morals and the family
A 111. Amdg. R. S. '74 ch.89 §3-4, 6, 13, 15 rel. to marriage, legal
age male 2 J [17] female 18 [14]; celebration; common law marriage
void; license. s§ 'oS p.317. 13 My
b If. H. Rep. '03 ch.93 §1 rel. to filing by nonresident of notice of
intention to marry in state. 'o5ch.79,9Mr
477 Parties. Age
a Mich. Amdg. R. S. '46 ch.83 §6: marriage of feeble-minded, im-
becile, epileptic or insane inmate of inst. prohibited except on
verified certificate of recovery; felony to abet such marriage. i§
'05 ch.136, 25 My
1> Neb. Amdg, C.S. '03 §4275: marriage between ist cousins of
whole blood, void. 2§ '05 ch.94, 30 Mr
478 License
a CaL Amdg. C.C. §69 rel. to marriage licenses. i§
•05 ch.i86, 18 Mr
b Cal. Amdg. Pen.C. §360 as to penalty for performing marriage
ceremony before receiving license or failure to file same as required by
law. i§ '05 ch.Sio, 21 Mr
•c Ind. Regulating application for & issue of marriage license;
grounds for refusal; Circuit Court to pass on denied application;
penalties. 8§ '05 ch.i26, 6 Mr
CIVIL LAW FAMILY
d Kan. Amdg. G.S.'oi §4010 rel. to form & issue of marriage license.
2§ '05 ch.302, 4 Mr
e N. M. Marriage licenses; uniform record & certificate. 10 §
'05 ch.65, 14 Mr
f Pa. Amdg. *85ch.ii5 §3: oath of legality required of applicants
for marriage license may be taken before notary. i§
'05 ch.40, 24 Mr
479 Ceremony. Solemnization
a Minn. Amdg. G.S.*94 §4778: court clerk to issue abstract & receipt
on recording marriage certificate. i§ '05 ch.294, 19 Ap
b N. Y. Amdg. domestic relations law '96011.272 §ii:2[i] assistant
leaders of Society for Ethical Culture in N.Y. city may solemnize mar-
riage. i§ '05 ch.499, 17 My
480 Divorce
a Pa. Com*n to be appointed to codify laws rel. to divorce & to co-
operate with other states through Congress of Delegates in securing
imiformity of divorce legislation inU.S. 3§ '05 ch. 24, 16 Mr
482 Annuknent
A Cal. Amdg. C.C. §60, 68, 79a, 84 rel. to illegal marriages; license;
status of child of annulled marriage. Rep. §58 rel. to voidable mar-
riage. 5§ '05 ch.414, 21 Mr
483 Changing name
a Mich. Divorced woman not having minor child may adopt maiden
or other name. i§ '05 ch.299, 17 Je
b N. H. Court may restore maiden name to woman granted divorce.
2§ 'OS ch.7, 8 F
c N. J. Divorced woman may resume maiden name on filing certifi-
cate of intention with coimty clerk. Supplements '02 ch.157. i§
'oS ch.163, 17 Ap
485 Grounds
a Cal. Amdg. C.C. §94 rel. to definition of "extreme cruelty" as
cause for divorce. i§ '05 ch. 79, 7 Mr
b Fla. Rep. '01 ch.88 which provided for divorce on ground of in-
curable insanity, ij 'o5ch.82,iiMy
c N. C. Amdg. C. §1285 subdiv.i : fornication or adultery of husband
grounds for divorce. Rep. all laws enacted since session of 1883
creating cause for divorce. 3§ '05 ch.499, 6 Mr
d Pa. Amdg. '43 ch.113 §8 rel. to divorce on ground of insanity of
either spouse ; alimony, i § *o 5 ch . 1 5 2 , 1 8 Ap
486 Remarriage
a HI. Neither party in divorce suit to remarry within i yr; one guilty
• of adultery 2 yrs; remarriage of parties. Adds §ia to R.S. '74 ch.40.
i§ '05 p.194, 13 My
b Wis. Amdg. S.'98 §2330: circuit judge granting divorce on appli-
cation of both parties may authorize remarriage of divorcees to each
other within yr. i§ '05 ch.456, 19 Je
Family property
488-95 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
488 Soliciting divorce business
A CaL Amdg. Pen.C. §i59a^ as to penalty for advertising aid to
secure annulment of marriage. i§ 'oS ch.486, 21 Mr
b R.I, Penalty for advertising to procure divorce. Adds G.L. ch.
281 §37. i§ *oS ch.i22i, 13 Ap
489 Trials. Procedure
a Elan. Amdg. G.S.*oi §5137 rel. to court orders pending suit for
divorce & alimony. 2§ *o5 ch.331, 25 F
b Mich. Amdg. C.L.'97 §8623: divorce for cruelty or desertion not
to be granted unless asked for in complaint or answer. i§
*o5 ch.i3S, 23 My
« Pa. Divorce suit may be begun in Court of Common Pleas in or out
of term & subpoenas secured returnable in 30 days. 4§
'05 ch.204, 22 Ap
d Pa. Where parties reside in different cotmties action for divorce
may be brought in either. 2§ *oS ch.215, 26 Ap
490 Family property
a Wis. Amdg. S.'qS §2203: no grant of interest in homestead by
married man to be valid without consent of wife. i§
*oS ch.45, 29 Mr
492 Dower. Curtesy
5«# also 433. SuccMsion
a Pa. Dower rights in partition of real estate. Supplements *85
ch.183. 2§ '05 ch.25, 16 Mr
494 Property rights of married women
a Gal. Amdg. C.C. §171 rel. to liability of wife's separate property
for debts incurred in certain cases, ij '05 ch. 2 17, 18 Mr
b Minn. Amdg. 0.8.^94 §5532 rel. to legal capacity of married
woman. i§ '0$ ch.255, 18 Ap
c Mo. Amdg. R.S.'99 §901 rel. to conveyances & covenants of mar-
ried women & barring of dower. i§ *o5 p.94, 23 Mr
d N. Y. Amdg. domestic relations law '96 ch.272 §30: husband to
have no right of [or] action for wife's wages unless agreed with
employer with wife's knowledge and [or] consent. 2§
•05 ch.495, 17 My
495 Rights when wife or husband is insane
a DeL Mode for assigning dower to insane widows in intestate realty ;
chancellor on petition of parcener may appoint trustee; trustee may
waive dower by metes & botmds & take share of proceeds of sale. x§
'05 ch.196, 21 Mr
b Ind. Amdg. '01 ch.120 §1 as to discharge of bond on reinvest-
ment of proceeds of sale of realty by party with insane husband
or wife. i§ '05 ch. 54, aS F
c Ind. Circuit Court on petition of guardian of insane widow to
direct choice of provision of husband's will or statutory share. iJ
'05 ch. 122, 4 Mr
CIVIL LAW FJbMILY
d Me Amdg. R.S.'oj ch.73 §i ^4: sale of ward's real estate by
guardian of insane husband. i§ '05 ch.5, 9 P
e Neb. Conveyance of interest of insane wife or husband in lands of
spouse; revocation of power of conveyance on restoration to sound
mind. 4§ *oSch.6i,iAp
f If. C. Husband of woman confined in insane asylum may convey
property & bar dower without her consent; certificate of sup't of
asyltim to be filed with deed; homesteads excepted. 4§
•05 ch.138, 8 F
496 Support of family
Set also 3 IS I, Support of pauper: 3303, Support (insane)
a Cal. Amdg. C.C. §137 : wife having legal cause for divorce [deserted]
may sue for support without applying for divorce. i§
*o5 ch.2i6, 18 Mr
b Cal. Amdg. C.C. §136 rel. to provision for maintenance of family
by order in tmsuccessful divorce action. i§ '05 ch.475, 21 Mr
c Ct Amdg. & supplementing G.S.'oa §1314: abandonment of wife
& cohabitation with other woman within or wiihoiU state; place of
prosecution. 2§ '05 ch.gs, 20 My
d Ct Amdg. G.S.*o2 §1343: felony to neglect to support family;
maximiun imprisonment i yr [60 days hard labor in workhouse or
county jail]; jurisdiction. i§ *oSch.2i4,6jl
e Mass. Amdg. R.L. ch.83 §10: penalty for abandoimient of child
under 10 [2] by parent or by one under legal duty to care for it. i §
*o5 ch. 269, 6 Ap
f Mass. ** An act rel. to support of wives & minor children by persons
placed on probation." Supplements R.L. ch.212 §45. i§
*oS ch.307, 20 Ap
g Minn. Amdg. '03 ch.222 §1: arrest for abandonment of wife or
minor child may be made on complaint of wife or county comW. i §
'05 ch. 217, 17 Ap
h Neb. Amdg. C.S.*o3 §6884: wife to be competent witness against
husband in prosecution for desertion and nonsupport. 2§
*dS ch.172, 28 Mr
i Neb. Amdg. Ann. S. '03 §237sb as to bond given by husband or
parent for support of family: bond may be annulled & prosecution
dismissed at discretion of court. 2§ 'o5ch.i96,28 Mr
J N. H. Punishment of parent for neglect to support minor. Sup-
plements P.S. ch.265 & *95 ch.7. 2§ '05 ch. 108, 10 Mr
k N. J. Amdg. '03 ch.221 §1,4: magistrate may suspend sentence
on conviction for desertion or nonsupport of wife or minor children
or abuse of child and place on probation. 2§ '05 ch. 203, 28 Ap
m N. Y. Felony to abandon child under 16; confidential communica-
tions between husband & wife not excluded on prosecution for offense.
Adds §287a to Pen.C. i§ '05 ch.i68, 8 Ap
n N. C. Minor child whose father is dead & mother insane for 1 2 mo.
may if unprovided for secure allowance from mother's estate, i §
'05 ch.546, 6 Mr
^96-500 N. Y. STATE LIBRARY INDEX OP LEGISLATION 190$
p N. D. Felony to neglect to provide for wife or minor child iindef
IS; court may suspend sentence on giving of bond with approved
surety. 2§ 'osch.i.yMr
q Or. Amdg. Ann.C.& S. §5242 rel. to practice in action brought
against husband for nonsupport. i§ '05 ch.ioi. 18 F
497 Children. Adoption, custody, legitimation
See also 9172, Dependent and neglected children
a Cal. Amdg. C.C.§i38 rel. to custody of minor child during action
for divorce of parents & after decree. i§ 'oS ch. 49, 3 Mr
b Cal. Amdg. C.C.§2 26-2 7 rel. to procedure in adoption of child. 2^
'05 ch.415, 21 Mr
c Ct. Amdg. G.S.'o2 §233 rel. to adoption of children: foundling over
I yr. i§ 'os ch.59, 12 My
d N. J. Amdg. '02 ch.92 §1 : consent of parent divorced for adultery
or desertion not necessary to adoption of child. 2§ '05 ch. 149, 14 Ap
e Pa. Amdg. '55 ch.456 §7 as to consent of corp. having care &
custody of child to its adoption. 2§ 'o5ch.2o8,22 Ap
f 'Wash. Amdg. Ballinger's Ann. C.& S.'97 §6480: either spouse may
adopt child of other; person adopting may change child's name. i§
'o5ch.i55, II Mr
g Wis. Earnings of minor to be his sole property, on neglect of parent
to provide for support or support & education. Adds S. '98 12344a.
ij '05 ch.226, 22 My
498 Change of name
a Cal. Amdg. C.C.P.§i277 rel. to publication of notice of application
for change of name. i§ '05 ch.45, 3 Mr
b Wis. Amdg. '01 ch.136 §1, 4 rel. to change of name: declaration to
contain description of real property owned in state; indexing by
register of deeds; fees. 2§ '05 ch. 7 5, 11 Ap
500 Corporations
See also 841, Corporation taxes*. 1200. Transportation; 1679, Banking; X7.^ai
Insurance; 3627. Municipal vttilities
a Cal. Stockholder of private corp. may vote by proxy valid for 1 1
mo. or specified time not to exceed 7 yrs; revocable. Adds G.C.
5321b. i§ '05 ch.28, 27 F
a I Cal. Leg. may amend or repeal any part of corp. law or dissolve
corp. created under it. Adds ch.5 to CO. t.i. pt4; rep. §403. 3§
*o5 ch.348, 20 Mr
b Cal. Amdg. CO §285, 290, 292, 305: j [5] may form private
Corp.; directors to be residents [citizens]. 4§ '05 ch.392, 20 Mf
c Cal. Amdg. CO. §299, 302, 304, 309-12, 314-15 rel. to corporate
property; conveyances; election & removal of directors; dividends;
bylaws; meetings. 9I '05 ch. 4 16, 21 Mr
d Cal. Amdg. CO. §400-1 rel. to dissolution of corp. & extension
of term. Rep. §399. 3§ '05 ch.418, 21 Mr
e Cal. Corp. to discover fire & save life & property from destruction.
Adds C.C. §453a-c. 3§ '05 ch.422, 21 Mr
CIVIL LAW CORPORATIONS
f Cal. Amdg. C.C.§528-3o rel. to bridge, ferry, wharf, chute or pier
Corp.; toll; corporate existence; reports. 3§ '05 ch.428, 21 Mr
g Cal. Corp. for formation of chamber of commerce, bd of trade or
mechanics institute. Adds C.C. div. i pt 4 t.iia. 7§ '05 ch.433, 21 Mr
h CaL Cooperative business corporations ; rights & liability of mem-
ber; by-laws; powers of corp. ; consolidation; dissolution. Adds
C.C. div.i pt4t.i9, 20. i2§ 'oS ch.436, 21 Mr; '05 ch.437, 21 Mr
i . CaL Amdg. C.C. §360, 362 rel. to holding of real estate by corp. &
amending articles of incorp. Rep. §361, 363. 4§ '05 ch.576, 22 Mr
j Ct. Amdg. & supplementing '03 ch.ig4 §37, 69 rel. to corporations:
annual report; certificate of organization containing principal office
& resident agent to be filed within 2 yrs after filing certificate of
incorp. Adds §68b. 3§ '05 ch.267, 19 Jl
k Del. Amdg. '03 ch.394 §14, 105 rel. to corp.: stock issued for
labor etc. declared to be full paid, & not subject to further liability;
telegraph or telephone co. may consolidate with other connecting
companies. 2§ '05 ch. 15 5, 29 Mr
m Id. Amdg. R.S.'87 §2579-81, 2589-90, 2592-93, 2595, 2606 rel. to
corporations: amdt. of articles of incorp.; partial rfenewal of bd
of directors; quorum; place of meeting. g§ '05 p. 161, 6 Mr
n 111. Amdg. '72p.296§2,4 rel. to formation & chartering of corp-
orations 2§ '05 p.130, 16 My
p Ind. Amdg. '75 ch.67 §1 as to incorp. of milling co. 3§
'05 ch.139, 6 Mr
q Mich. Arndg. '83 ch.158 §3, 5, 6, rel. to incorp. of baseball clubs:
maximum capital stock $100,000 [$10,000] ; may hold $25,000 [$10,000]
real estate; stockholders not liable for officers' salary. 3§
'05 ch.232, 16 Je
r Ifev. Misc. amdts. to gen. corp. law '03 ch.88. Rep. §34-35, 53.
i2§ . '05 ch.51, 14 Mr
s If. J. Com'n to be appointed to revise & codify corp. laws; report
to present Leg. or Leg. of 1906. 4§ '05 ch.30, 14 Mr
t If. J. Amdg. '96 ch.185 §7 rel. to power of corp. to engage in busi-
ness outside of state. i§ '05 ch.263, 26 Je
u N. M. Gen. corp. law. Rep. C.'97 §411-56. 135!
'oS ch.79, 15 Mr
V Tex. Sugar, molasses & rice growing corp. may be organized.
Adds subdiv.62-63 to R.C.S.'95 §642. i§ '05 ch.24, 10 Mr
w Tex. Corp. may be formed for 2 or more specified purposes in city
tmder 10,000. Adds R.C.S.'95 art.65ob. i§ '05 ch.53, 31 Mr
X U. Amdg. R.S.'98 §322, 338, 340, 444 rel. to certain powers of
Corp. ; amdts. to articles of incorp. ; consolidation ; bonds of railroad
corp. 5§ '05 ch.131, 17 Mr
y Wis. Amdg. S.'98 § 1770b rel. to corporations: filing of articles;
service of process; foreign corporations; revocation of license ; illegal
combinations. Adds §1770 f-i. 5§ '05 ch.506, 20 Je
2 Wis. Amdg. S. '98 §1772 subdiv.2, 7, §1773, i774, 1789, 1791J,
1701I rel. to domestic corporations annual reports ; illegal combina-
tions. Adds 5?774a, 8§ '05 ch.507, 20 Je
Charter. Domicile
503-5 N. Y. STATE LIBRARY INDEX OF LEGISLATION I90S
503 Amendment and extension of charter. Reorganization
a Cal. Submitting amdt. to Const. 1879 art. 12 §7: corp. charter or
franchise may be extended 50 yrs by consent of § stock. Vote Nov.
Z906. i§ '05 p.1071, 10 Mr
b CoL Amdg. '99 ch.89 §2 rel. to extension of corporate charter;
procedure. i§ '05 ch.87, 10 Ap
c Mich. Amdts. to articles of ass'n or incorp. by corp. organized for
purchase & improvement of ground for summer homes or assem-
blies of certain societies. i§ '05 ch.134, 23 My
d Mich. Amdg. R.S. '46 ch.55 §7 rel. to amdt. to articles of ass'n
of Corp. i§ '05 ch.317, 17 Je
e Mich. Corp. by § vote of capital stock or majority vote of mem-
bers 2 yrs before expiration of term may extend existence 30 yrs. 2§
'05 ch.328, 20 Je
f N. Y. Amdg. gen. corp. law '90 ch.563 §32 : certificate of incorp. of
corp. of limited duration may require more than § vote of stock to
extend. i§ '05 ch.256, 21 Ap
g N. Y. Amdg. stock corp. law '90 ch.564 §32: amended certificate
of incorp. to be executed by president & sec. duly authorized by ma-
jority of directors. i§ '05 ch.751, 3 Je
h Pa. Amdg. '83 ch.108 §3 rel. to contents of application for amdt.
of charter. 2§ '05 ch.70, 31 Mr
i U. Amdg. R.S. '98 §338: articles of incorp. may be amended by
majority [§] vote of capital stock. i§ '05 ch.30, 3 Mr
j Vt. Stockholders of corp. formed under S. ch. 165 may amend
charter within limits of said ch. i§ '04 ch.89, ' ^
k Wash. Amdg. Ballinger's Ann.C.& S.'97 §4251 rel. to amdts. to
articles of incorp. & term of existence of private corp. . i§
*o5 ch.ii, 14 F
504 Commencement of business
a U. Amdg. R.S. '98 §316: exempting certain water companies from
requirement that 10% of stock be paid before beginning business.
i§ '05 ch.iii, 16 Mr
b Wy. Domestic corp. to publish notice of incorp. 4§
'05 ch.13, 8 P
505 Domicile. Name. Residence of officers
a Cal. Amdg. C.C.P.§ 1278: corp. applying for new name to certify
that it does not closely resemble that of existing corp. i§
'05 ch.103, 14 Mr
b Ind. Amdg. R.S. '52 ch.5 §4: certified copy of court order chang-
ing name of corp. to be filed with Sec. of State. i§ '05 ch. 151, 6 Mr
c N. Y. Amdg. stock corp. law '90 ch.s64 §59 rel. to procedure in
changing principal office of corp. i| '05 ch.489, 17 My
d N. D. Amdg.R.C.*Qq §2911 rel. to changing corporate head-
quarters: exceptions. i§ *o5 ch.66, 2 Mr
e Tex. Msdr. for member of corp. having charter forfeited, to do
business under old name. i§ *o5 ch.139, 17 Ap
f Wash. Changing corporate name. i§ '05 ch. 109, 9 Mr
Capital*
CIVIL LAW CORPORATIONS
506 Liability of stockholders
See also 1690, Banking
a Kan. Submitting amdt. to Const. 1859 sut.12 §2: stockholders in
Corp. liable to [additional] amount of [equal to] stock owned. Vote
Nov. 1906. 2§ '05 ch.542, 27 Ja
b S. C. Amdg. C.C. §1843 ^^^' to liability of stockholder of insol-
vent corp. other than bank. i§ '05 ch,4i8, 17 F
507 Supervision. Reports
a Cal. Amdg. Pen.C. §564 rel. to penalty for publication of false re-
port of corporate condition. i§ '05 ch. 5 2 2, 21 Mr
b Cal. Amdg. '78 ch.450: felony for officer of corp. [selling stock on
open market] to falsify report. 2§ '05 ch.583, 22 Mr
c Mich. Amdg. '03 ch.a32 §12 rel. to reports of corp.: foreign corp.
included. i§ '05 ch.194, 7 Je
d N. Y. Amdg. stock corp. law '9a ch. 564 §30 : annual report of corp.
to include names & addresses of officers, & party to receive service of
process if foreign corp. i§ '05 ch.415, 16 My
e N. D. Corp., other than railroad, banking, insurance & corp. not
for profit, to report aimually to Sec. of State; postoffice address to be
filed before charter received; publication of record of forfeitures. 6§
*o5 ch.6s,9 Mr
f Wis. Penalty for failure of corp. to file reports & statements &
keep books open for inspection. i§ *o5 ch.347, 12 Je
509 Capital. Shares. Debts. Property
510 Contracts. Purchase of stock
Minn. Amdg. G.S.'94 §2903: cooperative ass'n may hold stock
a in Corp. with same gen. purposes. i§
*oS ch.276, 18 Ap; *o5 ch.313, 19 Ap
b Tenn. Construction co. may receive in payment for work
& materials stocks & bonds, to be sold within 3 yrs. i§
'OS ch.474, 17 Ap
c Wash. Authorizing corp. to subscribe for & deal in stock of other
corp. i§ *os ch.27, 23 F
51 z ConsoKdation
See also 580. Indiistrial combinations
a Mon. Atty. Gen. to investigate trusts & enforce antitrust laws.
'OS p.357, 28 P
b Pa. Amdg. 'oich.2i6§3: letters patent to be issued to consoli-
dated corp. only on certificate of auditor that taxes have been paid.
2§ '05 ch.71, 31 Mr
5x2 Conveyance
a Cal. Amdg. C.C. §1161 as to acknowledgment of instrument exe-
cuted by corp. before recording. i§ '05 ch,444, 21 Mr
b Men. Corp. may sell whole of its property; protection of dissent-
ing stockholder. 5§ 'o5ch.io3,7Mr
&OTemment
5x2-18 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
c Or. "An act to provide form of acknowledgment of Corp." i§
'05 ch.55, 10 F
d Or. '*An act to regulate sale, lease, assignment, transfer or con-
veyance of business, franchise or property of corp. as a whole.'* ij
'05 ch.194, 21 P
513 Debts. Bonds
See also 1379, Railways; 1349, Street railways
a Ct. Mortgage by corp. to secure bonds. i§ '05 ch.i66, 21 Je
Repealed. '05 ch.255, 19 Jl
b N. H. Corp. which may lawfully mortgage its property may in-
clude its franchise. '05 ch.6i, 9 Mr
c N. H. Amdg. '01 ch.66 |i rel. to mortgages of corp. i§
'05 ch.iii, 10 Mr
d N. Y. Amdg. stock corp. law '90 ch.564 §2 rel. to power of corp.
to borrow money & mortgage property. i§ '05 ch.745, 3 Je
e S. Q. Debts of corp. for services performed in state by resident
to be payable in state. i§ '05 ch.487, 4 Mr
f Wis. Amdg. S.'98 §1748 subdiv.7 : mortgages by corp. to be made
with consent of holders of majority of stock [majority of stockholders].
i§ '05 ch.382, 17 Je
514 Increase or reduction of capital
a Pa. Amdg. '93 ch.287 §1 rel. to reduction of capital stock of corp.
2§ '05 ch.183, 22 Ap
b Pa. Amdg. '01 ch.i §i rel. to increase of capital stock & indebted-
ness of corp. i§ '05 ch.190, 22 Ap
516 Shares
a Cal. Amdg. C.C. §322-23, 325 rel. to stockholders liability, issue
of partially paid-up certificate, transfers by married woman. 3§
'05 ch.33g, 20 Mr
b Cal. Action to compel issue of duplicate for lost, destroyed or
wrongfully withheld share of stock. Adds C.C. §328. i§
'05 ch.391, 20 Mr
c Kan. Charter of corp. may restrict amount of stock to be owned
by I person to certain minority per cent. i§ '05 ch. 157, 3 Mr
d Mon. Amdg. C.C. §403 subdiv.6, 411 as to preferred stock. Adds
§520 subdiv.8. 4§ *o5 ch.102, 7 Mr
c S. C. Amdg. C.C. §1847: certificate of stock to be signed by sec.
or treasurer. i§ *o5 ch.436, 22 P
f Tenn. Private corp. may divide capital stock into common & pre-
ferred; designation of stock certificates; rights of preferred stock-
holders. 6§ '05 ch.174, 5 Ap
517 Govemment
518 Meetings. Elections
a Ct. Amdg. '03 ch.194 §25 rel. to vote by proxy at stockholders'
meeting. i§ '05 ch.171, 21 Je
b Mass. Corp. must file certificate of change in date of annual meet-
ing with Com'r of Corp. i§ *o5 ch.222, 27 Mr
Foreign corporations
CIVIL LAW CORPORATIONS 5x8-28
c Pa. Voting of shares of stock by executors, administrators, guard-
ians & trustees. i§ '05 ch.26, 16 Mr
d Wis. Amdg. 8/98 §i776a: bd of directors of corp. holding
stock in another corp. may designate person [officer or officers] to vote
on stock. i§ '05 ch.ia, 14 Mr
519 Officers
a Mich. Amdg. '85 ch.112 §1 rel. to minority representation in bd
of directors of corp.: insurance corp. excepted. i§ '05 ch.6i, 19 Ap
b N. Y. Amdg. stock corp. law '90 ch. 564 §21 as to election & term
of additional directors of corp. ij '05 ch.750, 3 Je
c N. C. Amdg. '01 ch.2 §2, no: assistant sec. of corp. may affix
& attest seal. i§ '05 ch.114, 6 F
d . U. Amdg. R.S. '98 §315: corp. may elect J of bd of directors
annually. i§ '05 ch.2 2, 24 F
e Vt. Officer of corp. not to derive personal benefit from official con-
tract. i§ '04 ch.154, 8 D
533 Dissolution. Insolvency
Sw also 440. Insolvency; lay^x Railways; 1343. Street railways; 1687. Banking;
i7aa, Building and loan associations; 1743. Insurance
a Me. Appointment of receiver for corp.; powers and duties. Rep.
R.S. '03 ch.47 §78. 7J '05 ch.8s, 17 Mr
b Mass. Amdg. R.L. ch.109 §54; '03 ch.437 §53: court may
continue existence of corp. in hands of receiver as long as is necessary.
i§ '05 ch. 1 56, 9 Mr
c Mich. Amdg. '89 ch.2 62 §1, 2 rel. to winding up mining or manu-
facturing corp. organized under special act. 2§ '05 ch.io, i Mr
d N. J. Publication of notice of application for repeal of charter of
corp. Supplements '76 ch.i. 2§ '05 ch.5, 21 F
e Or. Dissolution of corp. reported delinquent for 2 yrs in making
report or paying license fee; reinstatement. io§ 'osch.i72,2iF
5^5 Foreign corporations
S0€ also 121^, Railways; X344i Street railways; 1689, Banking; 1723. Bxiilding
and loan associations; 1746. Insurance; 1757, Life insurance; 1766. Fire insurance
a CaL Foreign corp. to file articles of incorp.; service of process;
may plead statute of limitations; rights of foreign ry. corp. Adds
C.C. §405-10. 6§ '05 ch.471, 21 Mr
b HI. Amdg. '97 p. 1 74 §4 rel. to penalty for violation by foreign
corp. of statutory requirements for permission to transact business.
2§ '05 p. 128, 13 My
c III. Regulating foreign corporations Rep. '97 p. 174. 9§
'05 p. 124, 18 My
d Mass. Amdg. '03 ch.437 §58: foreign corp. to file power of atty.
in office of Com'r of Corporations [upon payment of fee provided in
act]. i§ '05 ch.242, 30 Mr
528 Agents. Office
a Nev. Amdg. '89 ch.44 §3 rel. to appointment of resident agent by
foreign corp. i§ '05 ch.72, 8 Mr
Corporations not for profit
528*85 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
b W. Va. State Auditor to be atty. in fact for foreign & nonresident
Corp.; appointment of atty.; annual payment of atty.'s fees. 6§
'05 ch.39. 22 P
53 z Property rights
a N. D. Amdg. R.C/99 §3261 rel. to holding of real property by
foreign corp. i§ '05 ch.68, 13 Mr
532 Reports
a Mass. Amdg, '03 ch.437 §66: annual certificate of condition of cer-
tain foreign corp. to show same not more than go [60] days prior to
filing. i§ *o5 ch.233, 28 Mr
b S. C. Amdg. C.C.§i783 rel. to penalty for failure of foreign corp.
to file required papers. i§ '05 ch.447, 22 P
583 Corporations not for profit
See also 8zo, Exemptions from taxation; X76x, Fraternal societies; 1835, Agri-
cultural societies; 3140, Charities; a3a5ta337t education; 3361. Library associations
a Cal. Amdg. C.C. §312: corp. not for profit to provide in bylaws
number of members to constitute quorum. i§ '05 ch.584, 22 Mr
b Ind. Authorizing incorp. of lodge of ritualistic order; election of
officers; issue & transfer of stock; corporate powers. io§
'05 ch.66, 2 Mr
c Me. Amdg. R.S.'o3 ch.57 §1: incorp. of yacht club. i§
*o5 ch.72, 15 Mr
d Mich. Amdg. '77 ch. 1 22 §2 rel. to sporting ass'ns: may hold j6o
[12^] acres of land; amdt. of articles of ass'n. i§ '05 di.19, z6 Mr
e Mich. Incorp. of women's clubs. 6§ '05 ch.64, 19 Ap
Amended. '05 ch.290, 17 Jo
f N. M. Consolidation of benevolent, charitable & scientific ass'ns.
i§ '05 ch.99, 16 Mr
g N. Y. Amdg. membership corp. law '95 ch.559 § 10. 90, 92-93 as
to directors, trustees, certificate of incorp. & dissolution of young
men's or women's Christian ass'n. 4§ '05 ch.320, 24 Ap
h Okl. Amdg. S.'o3 §1146: incorp. fee of religious, charitable, edu-
cational & benevolent organizations ,$2. 2§ 'o5ch.ioart.7,8P
584 Officers
a Cal. Amdg. C.C. §593: corp. not for profit to have from 3 to 21
[ii] directors. i§ '05 ch. 116, 18 Mr
b Mich. Amdg. '03 ch.171 §1, 7: minimum number of trustees j [5].
2§ '©5 ch.163, I Je
c Minn. Amdg. '9 7 ch.59: corp. not for profit may decrease number
of trustees by majority vote at regular or special meeting. i§
'05 ch.304, 19 Ap
d Wash. Amdg. '9 5 ch. 1 58 §5 as to number of trustees of social,
charitable or educational ass'n. i§ '05 ch.i2S, 9 Mr
585 Property
a Cal. Amdg. C.C. §595 as to amount of land to be held by corp.
organized for social purpose. i§ ^05 ch.23, 21 P
Religious corporations
CIVIL LAW COMBINATIONS AND MONOPOLIES 585-89
b Mixm. Educational corp. may accept gifts notwithstanding limi-
tations of charter. a§ '05 ch. 7 5, 24 Mr
C Mo. President of dissolved benevolent corp. to execute convey-
• ance of all property to reorganized corp. Adds R.S.'pp § 1407a. i§
*o5 p.96, 12 Ap
d N. J. Religious or educational corp. holding property on specific
trusts may secure from chancellor order for sale where highly bene-
ficial; reinvestment of proceeds. 4§ '05 ch.152, 17 Ap
e N. J. Charitable, religious or benevolent corp. may hold & dis-
pose of property for purposes for which it was incorporated. 2§
'05 ch.213, 28 Ap
586 Religious corporations
a Ct. Dissolution of religious society & disposition of property. 7 J
*oS ch.138, 15 Je
b Mass. Amdg. R.L. ch.36 §27: church corp. may vote money for
minister, music & other necessary charges. i§ '05 ch. 167, 13 Mr
c Mich. Amdg. '9 7 ch.209 §11 rel. to rights of reincorporated & re-
organized ecclesiastical bodies. i§ *o5 ch.78, i My
d Mich. Corporate powers of religious societies. 5§
'05 ch.141, 25 My
e Tcnn. Amdg.'75 ch.142 §iTfi rel. to incorp. of religious ass'ns. 2§
'05 ch.3S8. 13 Ap
587 Officers
a Men. Piling of amended article of incorp. by religious corp. sole.
3§ *o5 ch.65, 2 Mr
b N. Y. Amdg. '9 5 ch.723 §32 as to special election to fill church
offices when wardens or vestry lack quorum. i§ '05 ch.46, 9 Mr
588 Property
a N. Y. Amdg. religious corp. law '95 ch.723 §15 rel. to disposition
of property of extinct church. i§ '05 ch.193, n Ap
s«« Combinations and monopolies
S0€ a/f0 5XX, Ccvporations; 1379. Railways; 1343, Street railways; 1516, Grain
warehouses; Z53Z, Tobacco warehouses; 1593. Discrimination; x686, Banks: 1740^
Insurance
a Mich. Agreements in restraint of trade in appliances used in
productive industry, illegal. 6§ '05 ch.229, 16 Je
b Mich. Supplementing '99 ch.255 rel. to contracts in restraint of
trade, illegal combinations & monopolies: foreign corp. prohibited ,
from maintaining monopoly. 7§ . '05 ch.329, 20 Je
C Mon. Injtmction may issue pending suit to enforce Const, art. 15
§20 rel. to trusts & unlawful combinations in restraint of trade. 3§
'05 ch.93, 4 Mr
d Neb. Msdr. to form contract, combination or monopoly in restraint
of trade; court of equity to have jurisdiction; $10,000 for enforce-
ment. '05 ch.162, 4 Ap
e N. D. Antitrust law. i3§ '05 ch.i88, 13 Mr
f S. C. Prohibiting trusts or combinations. C.C. §2845. Unconst,
in so far as it attempts to regulate interstate commerce. State v
Virginia-Carolina Chem. Co. 51 S.E. 455 (1905).
Practice of law
590-92 N. Y. STATE LIBRARY INDEX OF LEGISLATION I90S
^^ Administration of justice
a N. J. Com'n to be appointed to investigate method of improving
judicial system & procedure; report to Leg. of 1906. 3§
•05 ch.88, 31 Mr
b R. I. Court & practice act : rev. judicial system to conform to
Const. 1842 art. 1 2 of amdts. adopted in 1903. 127 5 J '05, 3 My
591 Practice of law
S€4 also 434. Attorney for minors; 675, Public prosecutor
a Id. Pleadings in District or Supreme Courts, & summons to be
signed by resident atty.; all pleadings requiring verification to be
signed by party to action or resident atty. regularly admitted to prac-
tice, ij '05 p.7S, 13 Mr
b Neb. Amdg. C.S.*o3 §677: msdr. for atty. to draw paper in any
proceeding if not admitted to practice by order of Supreme Court. 2§
'05 ch.6, 9 Mr
592 Admission to bar
a CaL Amdg. C.C.P. §276-77, 279-80 rel. to the admission of attys.
to practice. Adds §2 80a. 5§ '05 ch.8, 15 F
b Cal. Msdr. for other than licensed atty. to advertise himself as
such. Adds Pen.C. §i6ia. i§ '05 ch.487, 21 Mr
c Col. Practice of law without license to be contempt of court. i§
'05 ch.77, 10 Ap
d Dl. Msdr. to practise law without license. 2§ '05 p. 190, 16 My
e Ind. Submitting amdt. to Const. 1851 art. 7 §21: Leg. to pre-
scribe requirements for admission to bar. Vote Nov. 1906. i§
'05 ch.171, 4 Mr
f Kan. Amdg. G.S,*68 ch.ii §2-3: citizen of U. S. [Kan.] maybe
admitted to bar after j [2] yrs office study or law school graduation. 3§
'05 ch.67, I F
g Mo. Regulating admission to bar. Rep, R.S. '99 §4918-20; 4937.
ii§ 'OS p.48. 27 F
h N. J. Atty. may secure new license on changing name. Supple-
ments '04 ch.130. 6§ '05 ch.i68, 17 Ap
i N. Y. Amdg. C.C.P. §58 rel. to law schools whose graduates may
be admitted to bar without exam. i§ '05 ch. 195, 12 Ap
j N, D. Creating State Bd of Bar Examiners; Supreme Court to
issue certificates to practise on exam, by bd.; reports. 8§
'05 cb.50, 18 F
k Okl. Amdg. '03 ch.3 art.i §1: exempting from exam, attys. pre-
viously admitted under existing laws. 2§ '05 ch.6, 13 Mr
m S, D. Amdg. P.C. §687 rel. to qualifications for admission to bar.
i§ '05 ch.ss, 27 P
n Tex. Amdg. '03 ch.42 §7: Clerk of Supreme Court shall issue
license to practise law to holder of University of Texas law diploma
& satisfactory certificate of character. i§ '05 ch. 100, 15 Ap
Courts
CIVIL LAW ADMINISTRATION OP JUSTICE 5Q5-6o5
595 Compensation. Fees. Liens
S€€ also aa?. Counsel of poor prisoner
a Kan. Amdg. G.S. 'oi J395: notice of atty.'s liento be served in
same manner as summons. 2§ '05 ch.68, 7 Mr
b N. D. Amdg. RC,*gg $5577 : costs on foreclosure of liens to be
allowed only if proceedings are conducted by atty. regularly admitted
to practice, ij '05 ch.129, iz Mr
600 Courts
Names and general organizations of coxirts vary greatly in different states.
Cotirts are here grouped according to actual jurisdiction. The precise names of
the courts are preserved in entries. Sw also 2359. Law libraries
603 Reports. Reporters
a Cal. Amdg. P.O. §739 rel. to salary of court reporters. i§
*o5 ch.i68, 18 Mr
b Cal. Rep. '81 ch.47 which provided for appointment of deputy Su-
preme Court reporter. i§ *o5 ch.224, 18 Mr
c Cal. Amdg. P.O. §767 rel. to appointment & removal of reporters
in District Court of Appeals. i§ '05 ch. 2 43, 18 Mr
d Ct. Rev. *o3 ch. 1 5 1 : salary of court reporter $6000 [$3000 & $500] ;
clerk $1500; fees. 3§ *o5 ch.109, 25 My
e IlL Amdg. '87 P.1S9 §1 rel. to appointment of reporter for Circuit
Court. i§ '05 p. 147, 13 My
f Kan. Amdg. G.S. '01 §1917 rel. to printing & distribution of Su-
preme Court reports. 3§ '05 ch.497, 9 Mr
g N. Y. Amdg. C.C.P. §244-50 rel. to election & duties of Supreme
Court reporter. 7§ '05 ch. 164, 8 Ap
h N. C. Supreme Court to control printing of its reports; State
Printers to have preference in letting contract. 2§ '05 ch.400, 4 Mr
i R. I. Provision for supplemental digest of R.I. reports, v.2i~26;
distribution. '05 r.36, 20 Ap
j S. D. 50 additional volumes of Supreme Court reports to be
printed for use of college of law of State University for exchange
for reports of other states. 2§ '05 ch.167, 8 Mr
k Vt. Supreme Court reporter may employ clerical assistance to
amount of $300 per annum. 1$ '04 ch.164, 16 N
m Wash. Publication & sale of Wash. Supreme Court reports. 5§
'05 ch.167, II Mr
605 Supreme courts
Including; only those hi«rhest in state, of whatever name. e. g. Court of Appeals
but not Supreme Cotirt of New York. In New York, New Jersey and elsewhere
the Supreme Court is a district court and is classed below others. The Court
of Appeals in New York, New Jersey. Kentucky and Maryland is the hii^hest coiirt,
but m Colorado. Kansas. Missouri and Texas it is subordinate to the Supreme
Court. »
a Me. County allowed expenses of law term of the Supreme Judicial
Court. i§ '05 ch.98, 21 Mr
b Ma83. Amdg. R.L. ch.156 §5: relieving Supreme Judicial Court of
original jurisdiction in certain contract & replevin actions. 2§
•05 ch.263, 5 Ap
c Neb. Amdg. Ann. S. '03 I4726, 4728: Supreme Court may appoint
on unanimous vote 6 [9] com'rs of court; term 2 yrs. 3§
•05 ch.56, 24 P
Intermediate courts
605-g a N. Y. STATE LIBRARY INDEX OF LEGISLATION 190$
d Wash. Supreme Court to consist of 7 [5] judges. 4§
'05 ch.5. 19 Ja
e Wy. Amdg. R.S/99 §3280: Supreme Court term to begin jst [4th]
Mon. in Ap. i J '05 ch.4, 30 Ja
606 Officers
a Mich. Amdg. '9 1 ch.157 §3: annual appropriation for clerical help
of Supreme Court $8000 [$5000]. i§ '05 ch.4, 8 F
b N. Y. Clerical force of Court of Appeals. Adds §2 to '71 ch.238.
i§ '05 ch.247, 20 Ap
c Pa. Amdg. '7 5 ch.6 rel. to compensation of employees of Supreme
Court. i§ '05 ch.2ii, 24 Ap
Reports. Reporters, set 603
608 Judges
a Ct. Senior acting judge of Supreme Court of Errors to be chief
justice pro tem. i§ '05 ch.53, '^ My
b 111. Salary of judge of Supreme Court $10,000 [$5000]. 2§
'05 p. 271. 16 My
c Mon. Amdg. P.C. §860: salary of justice of Supreme Court $6000
[$4000]. 3§ '05 ch.43, 27 F
d N. J. Additional compensation to members of Court of Errors &
Appeals, $1000 a yr. Supplements '00 ch.147. i§ '05 ch.99, 5 Ap
e N. J. Amdg. *o2 ch.iS8 §100: salary of vice chancellor $10,000
[$9000]. 1% '05 ch.124, 12 Ap
f N. C. Amdg. C. §3733: salary of judge of Supreme Court $2000
[$2500], 2§ '05 ch.2o8, 17 F
g N. D. Referring to Leg. of 1907 amdt. to Const. 1889 §89: Supreme
Court to consist of 5 [3] judges. i§ '05 p.351, 6 Mr
h S. C. Amdg. C.C. §2727: salary of Supreme Court judge $jooo
[$2800]. i§ 'oS ch.420, 21 F
609 Intermediate courts
For officers and judges *»# 657-94- ^f* also 371(3 Juvenile Courts; 373, Par-
dons; 430, Probate Court; 855, Court of Claims
a Fla. Submitting amdt. to Const. 1885 art, 5 by adding §40-47:
establishing Court of Record in Escambia county & defining jurisdic-
tion. Vote Nov. 1906. 8§ '05 p. 433, 6 Je
b Ga. Submitting amdt. to Const. 1877 art. 6 §3 ^i: Leg. may in-
crease or reduce number of judges of Superior Court for each circuit.
Vote Oct. 1906. s§ '05 p. 66, 22 Ag
c Id. Defining jurisdiction of district judge at chambers; procedure.
Rep. R.S.'87 §3890, 3910. 7§ '05 p.7. i7 F
d 111. County may hold branch Circuit Court; docket & calendar;
rules of procedure. 5§ '05 p. 146, 16 My
e Mass. "An act to provide for publishing statistics rel. to trial of
cases in Superior Court.*' 2$ '05 ch.321, 21 Ap
f Mich. Rep. '03 ch.183 rel, to jurisdiction of Circuit Court in chan-
cery in certain cases. i§ *oS ch.216, 13 Je
g Neb. Amdg. Ann. S. '03 §4751 increasing powers of district judge
at chambers. 2§ *o5 ch.57, 30 Mr
Inferior [court
CIVIL LAW ADMINISTRATION OF JUSTICE 609-4:
h N. Y, Submitting amdt. to Const. 1894 art. 6: Leg. may in-
crease justices in any judicial district, but nimiber may not exceed
I justice for each 60,000 or fraction over 35,000; ist & ad districts
excepted. Adopted Nov. 1905. '02 p. 1802, 21 Mr; '03 p. 145 2, 22 Ap
i N. Y. Amdg. Const. 1894 art.6 §2 as amended in 1899 rel. to jus-
tices of appellate division of Supreme Court; when not acting as ap-
pellate justice may hold term of Supreme Court in any county or
judicial district in any other dep't of state. Adopted Nov. 1905.
'04 p.1931, 6 Ap; '05 p.2141, 19 Ap '
j Or. Amdg. Ann.C, & S. §2492 rel. to terms of Circuit Court in ist
judicial district. i§ '05 ch.151, 21 F
k Or. Amdg. Ann.C. & S. §2493 rel. to terms of Circuit Court in 2d
district. i§ '05 ch.196, 21 F
m Or. Amdg. Ann.C. & S. §2522 rel. to terms of County Court. i§
'05 ch.2oo, 21 F
n Pa. Amdg. '95 ch. 1 28 §3: dockets, books & supplies of Superior
Court to be furnished by supH of public printing & binding, & Bd of
Public Grounds & Buildings [Sec. of Commonwealth]. i§
'05 ch.22, 14 Mr
p S. C. "An act to divide state into 10 judicial circuits & to ar-
range same.'* 2§ '05 ch.428, 14 F
q S. D. Clerk of County Court may in absence of judge adjourn for
not over 30 days; to follow orders of judge if any are given. 2§
'05 ch.88, 7 Mr
r Temi. Circuit judges may hold adjourned term of court in certain
cases; jurors to serve at term. 3§ '05 ch.113, 30 Mr
8 Tex. Court of Civil Appeals to give written conclusions of fact on
every material issue. Adds R.C. S. '95 art. 1024a. i§ '05 ch.51, 30 Mr
t Tex. **An act to provide for holding special terms of District
Courts . . ." 5§ '05 ch.83, 13 Ap
645 Inferior courts
a N. J. "An act to establish Criminal Court of Record in munici-
palities in ist class counties on recommendation of prosecutor of
pleas . . . jurisdiction . . . " 2i§ '05 ch.73, 30 Mr
647 Coroners. Medical examiners
a Mo. Submitting amdt. to Const. 1875 art.9 §10: coroner to be
elected for 4 [2] yrs; eligible for reelection [only 4 out of 6 yrs]. Vote
Nov. 1906. '05 p. 308
b Ncv. Amdg. C.L.'oo §2451: deputy public administrator may
act as ex officio coroner. i§ 'o5ch.2o,25F
c Nev. Amdg. '99 ch.io creating coroner's townships & making
justice of peace ex officio coroner; county casting 2000 votes at last
election excepted . i§ '05 ch. 11 6, 15 Mr
d Wash. City of ist class may appoint deputy coroner. 3§
'05 ch.6o, 3 Mr
Inferior courts
649-53 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
649 Medical examiners
a N. H. Amdg. P.S. ch.a6, aia, 287: word "coroner" struck out &
** medical referee*' substituted in certain cases. Supplements '03
ch.134. 3§ '05 ch.52, 9 Mr
b N. H. Amdg. '03 ch.134 §2, 5, 7, 8, 12 as to medical referees and
inquests. 6§ *o5 ch.6o, 9 Mr
c N. Y. Amdg. '02 ch.577 §2, 6-9, 15 rel. to duties of medical exam-
iner of Erie county. 6§ ' '05 ch.151, 8 Ap
f5i Inquests
a Cal. Amdg. Pen.C. §1510, 151 2-13, 15 15 rel. to coroner's inquest.
Adds Pen.C. §i5iia-b, 1514a. 7J '05 ch.545, 21 Mr
b Me. Amdg. R.S.'o3 ch.140 §12 as to fees of person finding &
caring for dead body. i§ '05 ch.62, 15 Mr
c Nev. Body & effects of person dying tmattended or tmder sus-
picious circumstances not to be handled except to remove to shelter;
coroner to be notified. 2 § 'o 5 ch. 1 3 1 , 1 6 Mr
d Wis. Amdg. S. '98 §4865, 4866, 4872, 4877a rel. to inquests of
dead : district atty. to order coroner or justice of peace to make in-
quest; compensation of officers & jurors. 4§ '05 ch.314, 7 Je
e Wy. Amdg. R.S. '99 §1176 as to taking testimony at coroner's
inquest. i§ '05 ch.is, 9 F
f Wy. Amdg. R.S. '99 § 1 173 : expense of inquest to be paid by county
where injury causing death was inflicted. i§ '05 ch.86, 21 P
653 Justices of the peace
a Ari. Justice of peace to have jurisdiction of case begun before pre-
decessor. 2§ '05 ch.19, 3 Mr
b Cal. Amdg. C.C.P. §97 rel. to salary of justice of peace, ij
'05 ch.14, 15 P
c Cal. Amdg. C.C.P. §103 as to number & salary of justices of peace.
i§ 'OS ch.55, 3 Mr; '05 ch.56. 3 Mr
d Cal. Justices Court to have jurisdiction over petit larceny, assault
& battery & breach of peace ; procedure against corp. Adds Pen.C.
§ 1425; amds. §1427. 2§ *o5 ch.543, ai Mr
e Ct. Amdg. G.S.'o2 §4838 rel. to fees of justice of peace. i§
'05 ch.96, a4 My
f Ind. Justice to use seal with words "justice of peace." i§
'05 ch.72. 3 Mr
g Minn. Amdg. G.S. '94 §5093: justice of peace to have no juris-
diction over offense committed in city having Mun. Court; proviso. x{
'05 ch.104, 5 Ap
h Mo. Amdg. R.S. '99 §3806 rel. to appointment of justices of peace.
i§ 'o5p.i78, 9Mr
i Neb. Amdg. C.S.'o3 §3494 rel. to fees of justice of peace, aj
'05 ch.70, 30 Mr
J N. Y. Amdg. C.C.P. §3146: town clerk to issue transcripts from
records of deceased justice of peace. i§ '05 ch.436, 16 My
Inferior courti
CIVIL LAW ADMINISTRATION OF JUSTICE 653-5S
k N. C. Where justice of peace dies or becomes incapacitated pend-
ing action may be removed & determined by any justice in same town-
ship. 3§ '05 ch.iai, 6 F
m Or. Amdg. Ann.C.&.S. §3002: certain counties to furnish justice
of peace with court room & stationery. i§ '05 ch.150, 21 P
n S. D. Justice of peace to have jurisdiction of all cases of assault,
battery & petit larceny, 2§ *os ch.Sp, 7 Mr
p U. Amdg. R.S.'qS §978 rel. to fees of justice of peace. i§
'05 ch.58, 9 Mr
q Wash. Justice of peace in city of ist class. 3§ '05 ch.105, 9 Mr
r Wis. Amdg. S.'98 §3774 as to fees of justice of peace. i§
• '05 ch.114, 22 Ap
8 Wy. Amdg. R.S.'99 §4325-26 rel. to location of office of justice of
peace. 2§ '05 ch.7, 4 F
655 Municipal and police courts
a Id. Amdg. '99 p. 192 §52 rel. to police judge of village. i§
'05 p.35, 2 Mr
b Id. Amdg. '99 p. 192 §8: police judge in cities of 2d class to re-
ceive salary not exceeding $1000 ; fees to be turned into city treasury.
i§ '05 p.375, 8 Mr
c 111. Establishing Mun. Court for Chicago. Vote Nov. 1905. 67 §
•oS P.IS7, 18 My
e Mo. Amdg. R.S.*99 §4097: salary of clerk of Justices Court in
city of 100,000-300,000 ^75 [$50] a mo. i§ '©5 P-i77f i5 Ap
f N. J. Recorder holding Police Court in city of 2d class over 75,000
may appoint clerk at $1200 a yr. 3§ '05 ch.179, 19 Ap
g N. J. Amdg. '99 ch. 52 §79-80: police justice in city under 12,000
may appoint clerk; duties. 4§ '05 ch. 199, 28 Ap
h N. J. Amdg.*95 ch.98 §8 as to powers of deputy clerk to police
justice in city of ist class. 2§ *o5 ch.200, 28 Ap
i N. Y. Amdg. '98 ch. 182 §394-95 rel. to jurisdiction of Police Court
& justice in 2d class city. 3§ '05 ch.687, i Je
j N. D. Rep. R.C.'99 §2209-47 which provided for establishment of
Mun. Courts in cities of 5000. i§ '05 ch.89, i Mr
k S. C. Amdg. '04 ch.214 §1: council in city of 2000 [4000] to 20,000
may establish Mun. Court. i§ '05 ch.456, i8 F
m S. C. Amdg. C.C. §993 as to magistrate's record of crimin&l case.
i§ '05 ch.486, 7 Mr
n S. D. Submitting amdt. to Const. 1889 art. 5 §23: in city of 5000
Leg. may substitute for police magistrates Mun. Court with jurisdic-
tion of justice of peace & provide for election of judges. Vote
Nov. 1906. i§ '05 ch.69
p U. Amdg. '01 ch.109 §13 rel. to concurrent jurisdiction of City &
District Courts. i§ '05 ch.32, 3 Mr
q U. Change of judges in Mun. Courts in certain cases in lieu of
change of venue. Repealing '01 ch.112 §3. 5§ '05 ch.113, 16 Mr
r Wis. Amdg. S.'98 §925 subdiv. 61: in cities of jd & 4th class
council by ordinance, may abolish Police Court. i§
'05 ch.223, 22 My
[^oisrt'officers
^55-6? N- Y. STATE LIBRARY INDEX OF LEGISLATION I905
8 Wy. Creating Mun. Court in incorporated city or town having 2
or more justice precincts; jurisdiction; procedure. Rep. '01 ch.8S,
loi. 8§ 'oS ch.27, IS P
657 Court officers
a Cal. Amdg. C.C.P. §170 rel. to disqualification of judicial officer.
i§ '05 ch.370, 20 Mr
b Col. Appointment & salaries of employees of Supreme Court. 3§
'05 ch.138, 5 Ap
c Me. Amdg. R.S.'o3 ch.29 §69: penalty for non-feasance of duty
by sheriff, his deputy or county atty. i§ '05 ch.41, 8 Mr
d Pa. Amdg. '99 ch.144 §9: expenses of judge of Superior Court for
clerk hire not to exceed $1500 [$700] a yr payable monthly [3 mo.].
i§ '05 ch.133, 17 Ap
e Wis. Amdg. S.'98 §4438 as to penalty for purchase of property
in litigation by judicial officer. i§ 'oSch.165,3 My
f Wis. Amdg. S.'98 §968 rel. to removal of sheriflF, coroner, register
of deeds or district atty.: expense of investigation; hearing; proced-
ure. Adds §968a. 2§ '05 ch.445, 19 Je
659 Fees and salaries
For fees and salaries of a particular court officer se€ that head
a Cal. Appointment & salary of officers of District Court of Ap-
peal. AddsP.C. §758. i§ '05 ch.176, 18 Mr
b 111. Amdg. '7 2 p. 420 §17, 19 rel. to fees of recorder & sheriff. 2§
'05 p. 266, 16 My
c Mass. County clerk to readjust salaries of justices, clerks & as-
sistant clerks of certain lower courts according to '04 ch.453 after
census of 1905; exceptions. i§ '05 ch.339, 26 Ap
d Or. Amdg. '03 p.318 §2 rel. to fees of certain court officers. i§
'05 ch.213, 22 F
e R. I. Fees of deputy sheriff for attendance at court $3 a day:
other attendants $2 a day. 2§ '05 ch.1242, 10 My
f Wy. Amdg. R.S.'99 §1226 as to mileage fees of sheriff or constable
to serve civil process. 2§ '05 ch.76, 21 F
663 Constable
a Me. Amdg. R.S.'o3 ch.117 §8: constables allowed mileage. i§
'05 ch.59, 15 Mr
b Pa. Borough policeman may hold office of constable. 2§
'oS ch.214, 25 Ap
667 Interpreter
a N. J. Court of Common Pleas in county of ist class may appoint
interpreter of Russian & Polish; salary $1200. 2§
'oS ch.2i6, 28 Ap
Court officers
CIVIL LAW ADMINISTRATION OF JUSTICE 668
668 Judges
St€ also 710, Chancre of venue or judge
a Cal. Amdg. P.C. §737 rel. to salary of judge of Superior Court.
i§ 'os ch.78, 7 Mr
b Cal. Amdg. P.C. §736: salary of justice Supreme Court $8000
[$6000]; District Court of Appeal, $7000. i§ *o5 ch.249, 18 Mr
c Cal. Submitting amdt. to Const. 1879 art. 6 §17 rel. to salary of
Superior & Supreme Court judge. Vote Nov. 1906. i§
'05 p. 1069, 10 Mr
d Ct. Amdg. '03 ch.163 §1 rel. to salary of judge of Supreme Court
of Errors & of Superior Court. i§ '05 ch.213, 14 Jl
te Fla. Traveling expenses of judges of Circuit Courts not to exceed
$300; mode of payment. 3§ '05 ch.24, 6 Je
f Fla. Submitting amdt. to Const. 1885 art. 5 §9: salary of justice
of Supreme Court, $4000 [$3000]; of circuit judge, $3500 [$2500].
Vote Nov. 1906. i§ '05 p. 43 2, 31 My
g Fla. Submitting amdt. to Const. 1885 art. 5 by adding §39: salary
of judge of Criminal Court of Record graded according to population
of county. Vote Nov. 1906. i§ • '©5 P-432, 6 Je
h Ga. Amdg.*o4 p.73: salary of judge of Superior Court in circuit
having city from 34,000 [54,000] to 75,000, $5000. 2§
'05 p.90, 15 Ag
i Ga. Gov. to assign judge to hold term of Superior Court of county
when former judge disabled. 4§ 'o5p.87,22 Ag
j Me. Amdg. R.S.'o3 ch.117 §2 rel. to fees of trial justices in trial of
issue in criminal case. i§ '05 ch.136, 22 Mr
k Mich. Reimbursement of circuit judges holding court in outside
county. 2§ '05 ch.2i8, 13 Je
m Mich. Amdg. Const. 1850 art. 6 §6: bd of supervisors of Genesee
county may pay circuit judge additional salary. Adopted Ap. 1905.
i§ '05 p.528
n Mo. Amdg. R.S.'99 §9701 rel. to expenses of certain circuit &
criminal judges. i§ '05 p. 291, 10 Mr
p Mon. Amdg. P.C. §861: salary of judge of District Court $4000
[$3Soo]. 3§ '05 ch.43, 27 F
q N. H. Amdg. '01 ch.78 §14 rel. to salaries of judges of Supreme
& Superior Courts: chief justice $4200 [$3800]; associate justice
$4000 [$3600]. i§ '05 ch.107, 10 Mr
r N. J. Amdg. *oo ch.149 §39: Gov. to appoint 5 [3] circuit judges.
2§ '05 ch.268, 7 Ag
8 N. C. Amdg. C.§3734: salary of judge of Superior Court $3000
[$2500]. i§ '05 ch.2o8, 17 P
t N. D. Amdg. R.C. '99 §2071 rel. to reimbursement of county for
salary paid to judge of County Court, ij '05 ch.87, 27 F
u N. D. Amdg. R.C. '99 §6615 rel. to salary of judge of County
Courts in counties with & without increased jurisdiction. i§
'05 ch.78, II Mr
▼ Or. Amdg. Ann. C.& S.§2926 as to additional allowance to Circuit
Court judges in certain counties. i§ '05 ch.96, 18 P
Court officers
668-7Z N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
w Tex. Salary of district judge $3000. 2§ '05 ch.i66, 4 My
z U. Amdg. R.S.*98 §693 : judge of City or Mun. Court may appear
as atty. before District Court only in uncontested probate matter or
where party of record, ij '05 ch.9, 16 P
y Wis. Amdg. S.'98 §948, 2441 rel. to filling of vacancies in office of
circuit & county judge & election of coimty judge. 2§
'05 ch.9 1, 20 Ap; '05 ch.301, 6 Je
z Wis. $600 additional salary for judges of Circtiit Court. 2§
'05 ch.S2o, 21 Je
669 Notaxy public
a Cal. Amdg. P.C.§79i: number of notaries in city or county of
ist class not to exceed 80 [70]. i§ '05 ch.211, 18 Mr
b Del. Appointment of notaries public. Rep. sundry special acts.
8§ '05 ch.69, 9 Mr
c Me. Amdg. R.S. '03 ch. 34 §3 giving notaries jurisdiction of justices
of peace; recording of protests. 2§ '05 ch. 5 8, 15 Mr
d Minn. Amdg. G.S.'94 §2271: notary to indorse on each paper
witnessed date when license expires. i§ '05 ch.48, 18 Mr
e Nev. Amdg. '03 ch.85 §2 rel. to number of notaries public. i§
'05 ch.65, 8 Mr
f N. Y. Amdg. executive law '92 ch.683 §81: Gov. to appoint nec-
essary number of notaries [not exceeding 5 for 1000 inhabitants in
coimty]. i§ '05 ch.178, II Ap
g Wy. Rep. '01 ch.8o §48 rel. to refund of notary public fee where
applicant can not qualify. i§ '05 ch.2, 30 Ja
671 Clerks of courts
a Ct. Amdg. G.S.*o2 §4825 rel. to expenses of clerks of Superior
Courts. i§ '05 ch.31, 2 My
b Ct. Amdg. G.S.*o2 §4824 rel. to fees of court clerks. i§
'oS ch.6i, 12 My
c Ct. Amdg. G.S.'o2 §4828 rel. to salaries of clerks & assistants of
Superior Court. 2§ '05 ch.228, 6 Jl
d 111. Amdg. R.S.*74 ch.25 §6: court clerk to keep office open from
8 to 5 [6] each working day except holiday. i§ *o5p.i22,i6 My
e 111. Amdg. '72 p. 420 §14 rel. to fees of clerk of Circuit Court ib ist
or 2d class county. i§ '05 p. 2 64, 16 My
f Me. Amdg. R.S.'o3 ch.8i §9: court clerk may appoint deputy of
either sex, i§ '05 ch.25, 28 P
g Me. Salary of clerks of courts. i§ '05 ch. 118, 21 Mr
h Mass. Correcting clerical error in '04 ch.451 §1: salary clerk of
court ^2000 [$1600]; com'v $1600 [%2oo6\. i§ '05 ch. 179, 15 Mr
i Mo. Amdg. R.S.*99 §3271: Circuit & Criminal Court clerks in
county of less than 300,000 to retain fees to amount of $5000 [$3500]-
i§ '05 p. 154. II Ap
j Mon. Number & compensation of assistants of clerk of District
Court in county of ist class. 2§ '05 ch.89, 4 Mr
k Neb. Amdg. C.S.'o3 §3479 rel. to fees of clerk of District Court. 3$
•05 ch.68, 4 Ap
Court officers
CIVIL LAW ADMINISTRATION OP JUSTICE 671-75
m Neb. Clerk of District Court to receive beside fees salary propor-
tional to population of county. i§ '05 ch.69, 4 Ap
n S. D. Amdg. Probate Code §435 rel. to duties of clerk of County
Court. i§ *o5 ch.85, I Mr
p Tex. Amdg. R.C.S.'qS art. i 148: records & files of clerk of County
Court to be open for inspection & copy. i§ '05 ch.Si, 13 Ap
q U. Amdg. R.S.'qS §972 rel. to fees of clerk of District Court. i§
*o5 ch.73, 9 Mr
r Wy. Amdg. R.S.'99 §4539 rel. to fees of clerk of District Court in
probate matter. 5§ *o5 ch.75, 21 F
675 Public prosecutor
See also 50, Attorney general
a Ari. Qualifications of district atty. 3§ '05 ch.i8, i Mr
b Gal. Amdg. 'o I ch. 1 82 §7: assistant prosecuting atty. in Police
Court of city of 2d class; salary $1500. i§ '05 ch.474, 21 Mr
c Fla. Defining duties of state's atty.; exchange of circuits; salary
J2400. 5§ *o5 ch.28, 31 My
d Kan. Amdg. '01 ch.134 §1: county atty. in county containing city
of ist class of 16,000 may employ stenographer. 2§ '05 ch.492, i Mr
e Me. Salary of county atty. i§ '05 ch. 119, 21 Mr
f Me. County atty. to appear for county in suits where county is
interested. 2§ *o5 ch.177, 24 Mr
g Mass. Amdg. R.L.ch.7 §13 rel. to salaries of district attys. & as-
sistants. Rep. '02 ch.471, 530; '03 ch.395. 6§ '05 ch.157, 9 Mr
h Minn. Providing additional assistant county atty. in county of
75,000-150,000; salary $1000. 2§ '05 ch.322, 19 Ap
i N. J. Amdg.*o2 ch.125 §2-4 rel. to fees of assistant public prose-
cutor. 3§ '05 ch.34, 15 Mr
j N. M. Dividing territory into 11 sections for district atty. pur-
poses; salaries of attys. & duties & compensation as county attys.
4§ '05 ch.33, 6 Mr
k N. M. Appointment & compensation of assistant district attys.
3§ '05 ch.34, 6 Mr
m N. M. Amdg. C.L.'97 §2582 rel. to aid to defense of accused
criminal by Solicitor Gen, or district attys. i§ '05 ch. 93, 16 Mr
n N. M. Name ** Solicitor Gen." changed to "Atty. Gen." i§
'05 ch.ii8, 16 Mr
p Or. Amdg. Ann. C. & S. §1002 rel. to appointment of substitute
for district atty. in certain cases. i§ '05 ch.122, 18 F
q Pa. Salaries of district atty., & appointment of assistant dis-
trict attys. in counties of 800,000. 2§ '05 ch.19, 14 Mr
r Pa. Salaries of district attys. in counties under 150,000; assistants.
8§ '05 ch.i2S, 17 Ap
8 Pa. Atty. Gen. may appoint atty. to represent state in Criminal
Courts on request of presiding judge. 4§ '05 ch.225, 2 My
t S. D. Amdg. P.C. §934: Circuit Court may appoint special atty.
when state's atty. is adversely interested or ends of justice would be
promoted thereby. i§ '05 ch.90
tt Wy. Atty. Gen. may appoint deputy at his own expense. 2§
'05 ch.51, 18 F
Court officers
688-9X N. Y. STATE LIBRARY INDEX OF LEGISLATION I90S
688 . Referees. Masters
a Ct. Amdg. G.S.'o2 §4816: salary of State Referee $jooo [$2000].
2§ '05 ch.223, 6 Jl
b Ind. Parties to civil action except divorce in Circuit or Superior
Court may agree upon referee where judge is disqualified or venue
changed. i§ *o5 ch.96, 4 Mr
c Mass. Jurisdiction of master in chancery in case arising in his
county extends throughout state. i§ 'o5ch.iio,24F
d Wis. Amdg. S.'gS y2 864, 2868: issues in civil actions may be re-
ferred in Court of Record; exception ; appeal from referee's report. 2§
'05 ch.146, 3 My
689 Sergeant-at-arms
a N. J. Judge of District Court may appoint necessary sergeants-
at-arms. Supplements '98 ch. 228. i§ '05 ch. 39, 20 Mr
691 Sheriff
a Fla. Fees of sheriffs in lunacy proceedings same as in criminal
cases. i§. '05 ch.86, i Je
b Fla. Sheriff going beyond state limits to bring back escaped
prisoner to receive 5c mileage & expenses. i§ '05 ch.36, 6 Je
c Ind. Amdg. '9 5 ch.i4S §122 as to fees of sheriff for removing per-
son to certain state insts. i§ '05 ch.155, 6 Mr
d Kan. Amdg. '99 ch. 141 §9 rel. to fees of sheriff in boarding &
caring for prisoners. 2§ 'oS ch.227, 8 Mr
e Me. Compensation of sheriff. Rep. R.S.'o3 ch.82 §21-27, 32-44t
43-44. 5§ '05 ch.174, 24 Mr
f Mo. Submitting amdt. to Const. 1875 art.9 §10: sheriff to be
elected for 4 [2] yrs; eligible for reelection [only 4 out of 6 yrs]. Vote
Nov. 1906. 'oS p. 308
g Mon. Amdg. P.C.§46o4 rel. to compensation & mileage of sheriffs.
2§ '05 ch.86, 3 Mr
h Mon. Maximum number & compensation of deputy sheriffs in
county of ist class. 3§ '05 ch.94, 4 Mr
i N. J. Compensation & duties of sheriff in county of ist class. 8§
'05 ch.6, 21 F
j N. M. Qualifications of deputy sheriff. i§ '05 ch. 120, 16 Mr
k Okl. Amdg. S.'o3 §2995 rel. to fees & expenses of sheriff. 2 5
'05 ch.T9 art. 2, 4 Mr
m R. I. Amdg. 'oi ch.809 §2: Leg. to elect sheriff for each county
for 3 yr term; duties & salary. 4§ '05 ch.1218, 6 Ap
n Tenn. Amdg. 'oi ch.96 §1 as to traveling expenses of sheriff for
bringing back absconding felon from outside state. 2§
'05 ch.447, IS Ap
p Tex. Amdg. R.C.S.'9S art. 2462 rel. to sheriffs' ex officio salary. i§
'05 ch.6s, 5 Ap
q U. Amdg. R.S.'98 §974 rel. to fees of sheriffs, ij
*o5 ch.6s, 9 Mr
r Wis. Amdg. S '98 §731 subdiv,7 as to sheriffs* fees for collection
of money. 2§ '05 ch.139, 3 My
Civil procedure
CIVJL LAW ADMINISTRATION OF JUSTICE 693-97
693 Special commissioners. Receivers
a Ct. Amdg. G.S.'o2 5461: com'rs of Superior Court to hold office
for 2 yrs from Feb. i [2 yrs after appointment]. i J '05 eh. 124, 6 Je
b Me. Amdg. R.S.'o3 oh. 114 §19 as to number of disclosure com*rs.
i§ '05 eh. I, 31 Ja
c Wis. Amdg. S.'qS §2433: 10 court com'rs to be appointed in
counties over 65,000 [in counties having over i circuit judge]. i§
•05 ch.253, 25 My
694 Stenographers
a Del. Amdg. '98 ch.i 15 §2 : salary of court stenographer in certain
intermediate courts, $2000 [$1500]. i§^ '05 ch.59,21 Mr
b Del. Chancellor may appoint court stenographer, salary $600. 2§
'05 ch.76, 23 Mr
c Mo. Supreme Court judge may appoint stenographer; salary $100
a mo. Rep. '03 p.isS- 3§ 'o5 P-3o5, 27 F
d N. J. District Court on request of either party to appoint stenog-
rapher at petitioner's expense & certify transcript for use on appeal or
certiorari proceedings. Supplements '98 ch. 2 2 8. i§
'05 ch.138, 12 Ap
e Okl. Court reporter to take down in shorthand & transcribe trial
proceedings when required; refusal of court to have competent evi-
dence taken down by stenographer, deemed prejudicial error. i§
'05 ch.28 art. 7 §1, 16 Mr
f Tex. Amdg. R.C.S.'95 art.1012: salary of stenographer of Court
of Civil Appeals $qoo [$600]. i§ '05 ch.i6, 24 F
g Tex. Judge of District Court to appoint stenographer; examina-
tion for competency; his report of case to be record; compensa-
tion. i3§ '05 ch.ii2, 15 Ap
h Wy. Amdg. '03 ch.29 §7 rel. to compensation of court stenogra-
pher in criminal case. i§ '05 ch.66, 20 F
695 Civil procedure
Including such provisions as apply both to civil and criminal cases. See also 429,
Prol»ate procedure; 480, Divorce
a Ct. Judges of Superior Court to make rules of procedure in certain
civil actions. 3§ '05 ch.187, 29 J e
b N. M. Amdg. C.L.'97 §2685 subdiv. 175. §3140, '99 ch.4 §i rel. to
Supreme Court practice. io§ '05 ch. 114, 16 Mr
697 Legal notices
a Cal. Amdg. C.C.P.§8So rel. to notice of hearing in Justices Court.
i§ '05 ch.37, I Mr
b Cal. Amdg. P.C. §4458-59 rel. to publication of official notice.
Adds §4460-62. 6§ '05 ch.345, 20 Mr
c Minn. Weekly paper may change day of publication without loss
of standing as legal newspaper. i§ '05 ch. 174, 14 Ap
d N. D. Amdg. R.C.'99 §6771: service of notice of appeal to Dis-
trict Court may be made on justice rendering judgment in case party
is without state or can not be found, or has not appeared by atty. i§
'05 ch.8i. 2 Mr
Civil procedure
697-701 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
e N. D. Amdg. R.G.'qq §1804 rel. to requirements of newspapers
qualified to publish legal notices. i§ '05 ch.139, 11 Mr
f Or. Amdg. Ann.C.& S. §58 rel. to publication of legal notices. i§
'05 ch.157, 21 F
g Vt. Amdg. S.§i64i rel. to notice to absent defendant in action
commenced at law or in equity. i§ '04 ch.63, 25 O
699 Commencement of action
a Mich. Amdg. R.S. '46 ch.97 §2 rel.to commencement of actions to
recover debts or damages. i§ '05 ch.76, i My
b U. Amdg. '01 ch.109 §15 rel. to commencing action & issuing sum-
mons in City Court. i§ '05 ch. 4 5, 8 Mr
70Z Limitations
See also special subjects as Mechanics lien, Personal injury etc.
a Cal. Amdg. C.C.P. §339-40: action for death caused by wrong-
ful act limited to i [2] yr; against bank for paying forged check i yr.
2§ '05 ch.258, 18 Mr
b Cal. Amdg. C.C.P. §345: action for recovery for support of pa-
tient in State Hospital barred in 3 yrs. i§ '05 ch.381, 20 Mr
c Kan. Certain formal defects in recorded documents cured after re-
maining on file 10 yrs. i§ '05 ch.324, 18 F
d Kan. Amdg. G.S.'68 ch.8o §21 suspension of running of statute of
limitation while defendant is absconded or concealed not to apply to
foreign Corp. on which service can be had in state. 2§
*o5 ch.328, 4 Mr
e Mo. Amdg. R.S '99 §2868: nonsuit or reversal on appeal in tort
action starts running of statute of limitations afresh. i§
'05 p.137, 12 Ap
f Mon. Amdg. C.C.P. §523 as to limitation of certain actions against
"bank, trust co. or loan ass'n. 2§ '05 ch.78, 3 Mr
g Nev. Amdg. '77 ch.66 §2: payment of principal or interest on
overdue contract starts running of statute of limitations afresh, ij
'05 ch.i2, 20 F
h N. D. Amdg. R.C.'99 §5210 rel. to time for commencement of
actions: foreclosure of real estate mortgages, actions against trus-
tees under town site laws. i§ *o5 ch.5, 10 Mr
i N. D. Actions by homestead claimants to be brought within 2
yrs after execution of conveyance; provisos. 2§ '05 ch.3, 13 Mr
j Or. Amdg. Ann.C.& S. §3146 rel. to limitation of action to re-
cover land sold for taxes or assmts. i§ '05 ch.183, 21 F
k Pa. Statute of limitations to run against debt falling due after
creditor's death from date when due irrespective of date of adminis-
tration. 2§ '05 ch.83, 6 Ap
m Tex. Statute of limitations as to power of sale under mortgage,
trust deed or lien. s§ '05 ch.138, 17 Ap
n U. Amdg. R.S. '98 §2092 rel. to manner of pleading statute of
limitations. i§ '05 ch.24, 27 F
p U. Amdg. R.S. '98 §2877 rel, to limitation of certain actions, ij
•05 ch.97,' 9 Mr
Civil procedure
CIVIL LAW ADMINISTRATION OF JUSTICE 701-5
q Wis. Amdg. S.'pS §4229 rel. to limitations of actions accruing to
state: actions on forfeitures & penalties; fraud. 3§ *o5 ch.i, 3 F
702 Parties
a Mass. Parties in stdt by joint tenants or tenants in common to
recover damages for injury to real or personal property. i§
'05 ch.266, 5 Ap
b N, J. Amdg. '02 ch.210 § 3, 5 as to parties plaintiff in action to
recover penalty for injury to milk cans. 2§ *os ch.248, 25 My
703 Place of action. Jurisdiction
I See also 605-55, Special courts
a Col. Action affecting property, franchises or utilities to be brought
in county where greater part thereof is situated ; transfer of pending
actions. Adds §25a-b to '87 p.97. 2§ '05 ch.82, lo Ap
b Kan. Action may be brought in state courts on cause of action
arising under laws of other state or territory if i of parties is resi-
dent. i§ '05 ch.325, 7 Mr
c Kan. Action against street or electric ry. co. may be brought
in any coimty through which road passes. Supplements G.S.'oi
ch.8oart.5. i§ '05 ch.329, 7 Mr
d Minn. State & county courts to have concurrent jurisdiction over
boundary waters with courts of other states. 2§ '05 ch. 2 4 2, 18 Ap
e Mo. Amdg. R.S.*99 §548 rel. to suit tmder law of other state by
party not competent to sue in jurisdiction where cause of action
arose. i§ '05 P.9S, 12 Ap
f Neb. Amdg. C.S.'o3 §6591 rel. to actions barred by laws of another
state; proviso. '05 ch.170, 4 Ap
g N. H. Amdg. P.S. ch.216 §1 : venue of actions by & against execu-
tors & administrators. i§ *o5ch.94,ioMr
h N. C. Amdg. €.§192 as to venue of actions against railroad co.
i§ *o5 ch.367, 2 Mr
i N. D. Amdg. R.C.*99 §6633 rel. to county in which civil action in
Justices Court must be commenced. 25 '05 ch.91
j Okl. Action to recover or partition real property or foreclose mort-
gage to be brought in coimty where subject-matter is situated. S.*o3
§4246. Invalid. Conflicts with act of Cong. May 2, 1890 ch.182
J 10, requiring actions to be brought in county of defendant's resi-
dence. Burke v. Malaby 78 P. 105 (1904).
k Wis. Place of trial of actions against state & state officers to be
Dane county. i§ '05 ch.366, 14 Je
705 Summons. Process
a Cal. Amdg. C.C.P.§849 rel. to service of summons from Justices
Court. i§ '05 ch.32, 28 F
b Cal. Individual, firm or corp. may file with county recorder desig-
nation of place for receiving service of summons; fee Soc. Adds
C.C. §1163. i§ '05 ch.138, 18 Mr
c Cal. Amdg. C.C.P.§4i2 as to proof preliminary to granting order
for service by publication on one in state, i § '05 ch. 1 42 , 1 8 Mr
d Cal. Amdg. C.C.P.§ii67 as to substituted service in summary
proceeding to recover real property. i§ '05 ch. 357, 20 Mr
Civil procedure
705-6 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
e Col, Court may direct service of summons on domestic corp. to
be made as on nonresident in attachment where sheriff can not find
office or person to receive service. 2§ '05 ch.83, 10 Ap
f Ct. Amdg. G.S/02 §566 rel. to return of process in civil actions.
3§ '05 ch.185, 29 Je
g Fla. "An act to provide for service by publication upon unknown
parties in interest in property involved in certain chancery suits
. . . "; proceedings. 4§ '05 ch.22, 30 My
h Slan. Providing for service by publication in certain cases where
personal service is impossible. 3§ '05 ch. 3 2 6, 9 Mr
i Me. Amdg. R.S.'o3 ch.88 §4: service upon copartner of trustee
process at any [the] place of business. i§ *o5ch.24,28F
j Nev. Amdg. '69 ch.112 §517: summons in action where i party is
nonresident returnable in 12 [2] days. i§ '05 ch. 12 5, 13 Mr
k N. M. Service by publication. i§ '05 ch. 121, 16 Mr
m N. Y. Amdg. C.C.P. §2881: service on telegraph co. to be made
on resident office manager. i§ '05 ch. 2 11, 17 Ap
n N. C. Amdg. C. §363 as to service of process on foreign corp.;
local agents. 2§ '05 ch.294, 23 F
p N. D. Amdg. R.C.'99 §6207-8, 6210 rel. to service by publication
in County Court. 3§ '05 ch.92, 24 F
q N. D. Amdg. R.C.'99 §6608 rel. to issue of summons in County
Courts with increased jurisdiction: form. 2§ '05 ch.94, 24 F
r N. D. Coroner or constable may serve process on sheriff when ex
officio party to any action or proceeding. 2§ *o5 ch.93, 9 Mr
s Okl. Amdg. S.*o3 §4282 rel. to service by publication in actions
where unknown heirs or devisees of deceased made parties defendant.
2§ '05 ch.28 art. 8, 4 Mr
t Or. Amdg. Ann.C.& S.§220i rel. to summons in Justices Court, ij
'05 ch.185, 21 F
tt Pa. In equity suit affecting property in state subpoena may issue
against defendant and be served wherever found. '59 ch.387, 6 Ap.
Unconst. Action in personam can not be prosecuted against non-
resident on process served without jurisdiction. Wallace v. United
Elec. Co. 60 A. 1046 (1905).
V U. Amdg. '01 ch.ii2 §20 rel. to running of process from Mun.
Court. i§ '05 ch.6, 15 F
w U. Amdg. R.S.*98 §3683 rel. to service of summons from Justices
Court. i§ '05 ch.93, 9 Mr
X U. Service by publication of summons from Mun. Court. Adds
§25 to *oi ch.ii2. i§ '05 ch. 103,9 Mr
y U. Amdg. R.S.'gS §2948 rel. to service of summons. i§
'05 ch.105, 9 Mr
z Wis. Amdg. S.'()8 §2640: application & order foi service of sum-
mons by publication to be tiled 10 days after date of order. i§
*o5 ch.i6, 17 Mr
706 Civil arrest
a N. H. Amdg. P.S.ch.221 §1: exempting female from arrest in
action on conditional sale oj clothing. *o5 ch.47, 8 Mr
Civil procedure
CIVIL LAW ADMINISTRATION OF JUSTICE 7o8-I<
70S Trial. Pleadings
a Ct. Amdg. G.S.'o2 §720-24 rel. to jury dockets & trials. 55
'05 ch.56, 12 My
b Ct. Amdg. G.S.*02 §616 rel. to correction of pleadings. i§
'05 ch.i6i, 21 Je
c Mass. Amdg. R.L.ch.173 §81 rel. to privilege of atty. having more
than I cause to be tried by certain courts & auditors. i§
'05 ch.286, 13 Ap
d N. H. Amdg. P.S.ch.204 §14 & ch.287 §6 as to briefs & costs there-
for in Supreme Court. 2§ *o5 ch.ii, 8 F
e N. D. Dismissal of civil actions. 4§ '05 ch. 6, 11 Mr
f Okl. Amdg. S.'o3 §4299: counter claims may be pleaded by any
party to action; not barred by statute of limitations till plaintiff's
claim so barred. i§ '05 ch.28 art.7 §3, 16 Mr
g Or. Amdg. Ann. C.& S.§i32 as to time allowed counsel to address
jury. i§ '05 ch.6o, 10 F
h U. Amdg. R.S.*98 §3724 rel. to dismissal without prejudice of
action pending before justice of peace. i§ '05 ch.ii, 18 F
i U. Amdg. R.S.'98 §3685 rel. to form of pleading in Justices Court.
i§ '05 ch.89, 9 Mr
j Wis. Amdg. S.'98 §2625 as to trial of actions where place of trial
changed. i§ '05 ch.282, i Je
7x0 Change of venue or judge
5## also 668, Judges
a Fla. Amdg. R.S.'92 §967 rel. to disqualification of judge: if related
within 9th degree to parties to action or if his father or son be atty. of
either party; proviso. 2§ '05 ch.27
b Ind. Judge of Circuit Court may transfer case to Superior Court if
calendar is crowded or change of venue necessary. 2§
'05 ch.i2o, 4 Mr
c Mich. Amdg. *5i ch.157 5io rel. to grounds for change of venue by
Circuit Court. i§ '05 ch.309, 17 Je
d Neb. Amdg. C.S.'o3 §7460: defendant applying before return day
for change of venue in Justices Court to pay certain costs. 2§
'05 ch.180, 2 Mr
e Neb. Amdg. C.S.'o3 §7461 as to procedure of defendant for change
of venue in Justices Courts before commencement of trial; costs;
affidavit. 2§ '05 ch. 181, 2 Mr
f S. C. Amdg. C.C.P.§i46 as to consent by party, atty. or guardian
ad litem to change of venue to another county. i§ 'osch.424, 18F
g B.C. Amdg. C.C.S2735: 4 [10] days notice of application for
change of venue; may be waived or changed by court for cause. 2§
'05 ch.421, 22 F
h S. D. Amdg. C.C.P.§io2 rel. to change of venue on petition of
defendant where plaintiff has brought action in wrong county; costs.
2§ 'oS ch.82, 21 F
i S. D. Amdg. C.C.P.§34: circuit judge may hear & determine
motion or special proceeding from another circuit at request of judge
thereof. 2§ '05 ch.84, 28 F
r5 ^ir-i-r r A:
^5 r 5r- f A;
1 T.T. ,*-'5S 'rLii:::- *** '»". ■i-'si^ v*-:^ r.-it rr-.
"r:i A:TeTiii.i.ica 4:111 "rres :t -r^sesmm
z5 r iT 15 My
_~ '.^ ^ ^ '. "
Civil]
CIVIL LAW ADMINISTRATION OF JUSTICE 7X^M
e Vt. Amdg. S. §5394 rel. to attendance fees of witnesses, i J
'04 ch.170
^19 Books. Papers^ Laws
a Kan. Amdg. G.S.'68ch.8o §372 rel. to use of recorded papers as
evidence. 2§ '05 ch.323, i Mr
b N. C. Written instrument not requiring attestation may be
proved otherwise than by witness. i§ '05 ch. 204, 16 P
c Or. Amdg. Ann. C.& S.§5o54 rel. to evidential value of original &
copy of articles of incorp. i§ '05 ch.50, 10 F
d (hr. Amdg. Ann. C.& S.§743 rel- to proof of foreign judicial record.
i§ 'o5ch.5i, 10 F
e Vt. State Auditor to be a certifying officer & his certificates
receivable as evidence as to documents filed in his office, i §
'04 ch.24, 9 D
720 Competence. Forms etc.
a Cal. Amdg. Pen.C.§i322 rel. to testimony of husband or wife for
or against each other. i§ '05 ch.139, 18 Mr
b Kan. Certified transcript of notes of official stenographer of Court
of Record admissible as evidence; msdr. to falsify. 2§
*o5 ch.494, 18 F
c Minn. Abstract taken before loss or destruction of title deeds
admissible as evidence; sworn copies. 2§ '05 ch. 193, 15 Ap
d Nev. Amdg. '69 ch.112 §383 rel. to exclusion of testimony of
clergyman rel. to confession to him in his professional character, ij
'05 ch.113, 7 Mr
e N. Y. Amdg. C.C.P.i834: physician or nurse finding evidence while
attending child tmder 16 that it is victim of crime may testify on
investigation. 2§ '05 ch.331, 25 Ap
f Okl. Amdg. S.*o3 §4530: in oral exam, of witness not necessary to
specify grounds of objection to testimony. i§
*o5 ch.28 art.7 §2, 16 Mr
g Vt. Husband or wife made competent witness for or against the
other in civil & criminal actions where breach of marital confidence
is not involved. 2§ '04 ch.6o, 9 N
721 Depositions. Affidavits
a Cal. Amdg. C.C.P.§202i: deposition of witness residing more than
50 miles from place of trial may be taken out of court, i§
'05 ch.134, 18 Mr
b Fla. Depositions on commission in disbarment proceedings may
be taken as in other civil causes. 2§ '05 ch. 31, 16 My
c N. C. Testimony of physician of hospital for insane may be taken
by deposition. i§ '05 ch.366, 2 Mr
d Or. Amdg. Ann. C.& S. §826 as to deposition in equity suit. i§
'05 ch.48, 10 F
e Tex. Amdg. R.C.S.*95 art. 2 282, 2284 rel. to notice for & manner
of taking depositions in civil cases. Adds art. 2 2 74a. 3§
*o5 ch.76, 12 Ap
f U. "An act providing additional method for taking depositions
without the state." 9§ '05 ch. 41, 7 Mr
Giril procedure
Tai-^a^ N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
g Vt. Adding subdiv. 7 to S.§i257: justice may take deposition of
cloistered sister out of court. i§ 'o4ch.6i, 7 D
h Wis. Amdg. 8/98 §4102, 4112 rel. to taking of depositions of
witnesses. 25 '05 ch.237, 23 My
i Wy. Amdg. R.S.'qq §3699 rel. to exam, of witness in prison. 2}
'OS ch.6, 3 F
722 Evidence in chancery
a Mich. Amdg. '95 ch.i86 Ji rel. to evidence in chancery action:
settlement of evidence taken by deposition & admission in appeal ;
granting extension of time to file case on bonds being given to perform
decree if appeal not prosecuted. i§ '05 ch. 129, 17 My
723 Oaths
V a N. J. Atty. at law may administer oath ; exceptions. Supple-
ments '00 ch.131. i§ 'oS ch.228, II My
726 Jury, Verdict
a Cal. Amdg. C.C.P. §199, 200 rel. to qualifications for & exemptions
from jury duty. 2§ '05 ch.73, 7 Mr
b Me. R.S.'o3 108 rel. to jurors to apply to organized plantations.
i§ '05 ch.82, 17 Mr
c Neb. Amdg. C.S. '03 §7476 : method of selecting jury in civil actions
tried before Justices Court; jury of 6 [12] allowed. 2§ '05 ch.182, 2 Mr
727 Exemptions
S94 also a6i4. Firemen
a Col. Amdg. G.S.'83 §1898: officer of railroad, telephone or tele-
graph CO. in active service & editor & reporter of newspaper
exempt from jury duty. i§ '05 ch.117, 6 Ap
b Ga. Exempting licensed embalmers from jury duty. 2}
'05 p.105, 22 Ag
c 111. Amdg. R.S.'74 ch.78 §4: member of editorial or mechanical
staff of newspaper exempt from jury duty. i§ '05 p. 306, 12 My
d N. Y. Amdg. C.C.P. §1086 rel. to excuse of person drawn as trial
juror. i§ '05 ch.44, 9 Mr
e N. Y. Amdg. C.C.P. §1030, 1081, 1127: st*ff of newspaper or press
ass'n exempt from jury duty. 3§ *o5 ch.437, 16 My
f N. D. Amdg. R.C.*99 §441 rel. to exemptions from jury duty. i§
*oS ch.86, 15 F
g U. Amdg. R.S.'98 §1299 rel. to exemption from jury duty. i§
*oS.ch.io2, 9 Mr
h Wis. Amdg. S.'98 §2525 rel. to exemption from jury service. i§
'05 ch.8i, ^5 Ap
728 Fees and mileage
a Ct Amdg. G.S.'o2 54831: juror's fee $j [$2.50] a day. i§
'05 ch.ss. 12 My
b Hsb. Amdg. C.S. '03 §7491: fee for each juror in Justices Court,
^Z [50c]; fee on failure to agree, soc. 2 J '05 ch.183, 2 Mr
729 Jury commissioners
a U. Amdg.R.S.'98 §1305: Bd of County ComWs of county where
' sevice was rendered [court] to audit claim 6f jury com'r. i§
'05 ch.15. 23 F
Civil procedure
CIVIL LAW ADMINISTRATION OF JUSTICE 7^9-30
730 Qualificatioiis. Drawing. Impaneling
a Air. Amdg. R.S.'oi §2795, 2808 rel. to impaneling jury in Dis-
trict Court. 3§ '05 ch.24, 4 Mr
b Col. Person summoned as juror in District or County Court who
has served as juror within a yr in either court may be excused or
challenged. 2§ '05 ch. 116,' 10 Ap
c Ct. Amdg. G.S.'o2 §660 rel. to drawing of jurors: to be publicly
drawn in presence of judge & so as to insure distribution among
towns. i§ *o5 ch.2i2, 6 Jl
d Id. Amdg. R.S.'87 §7838, 7843 rel. to trial of challengers of jxirors
for actual bias. Rep. §7839-40, 7844-45. 3§ '05 p.9, 2 F
e Ind. Person serving as juror in court of justice of peace, mayor or
city judge disqualified for further service in those courts for 6 mos. i §
•oS ch.85, 3 Mr
f Me. Amdg. R.S.'o3 ch.84 §88: each party allowed 4 [2] peremp-
tory challenges. i§ '05 ch.iii, 21 Mr
g Me, Amdg. R.S.'o3 ch.108 §9: 4 days notice of meeting to draw
jurors. i§ 'oS ch.133, 22 Mr
h Mo. Selection & qualifications of jurors in county with city of
150,000-400,000; bd of jury com'rs. i7§ '05 p.174, 21 F
i Mo. Rep. R.S.'99 §3791 rel. to special venire. i§
'05 p.174, 13 Mr
j Neb. Prescribing method of selecting grand and petit jurors in
counties under 30,000. Rep.C.S.'o3 §7236-61. io§
'05 ch.176, 4 Ap
Counties of 30,000-60,000. '05 ch.177, 3 Mr
k N. M. Qualifications & drawing of jurors. Rep. '99 ch. 66. 27 §
'05 ch.ii6, 16 Mr
m N. Y. Amdg. '95 ch.369 §16: names of persons who have served
term as jurors during 2 preceding yrs not to be put in jury box for
service. i§ '05 ch.31, 2 Mr
n N. Y. Amdg. Pen.C. §76: rel. to penalty for misconduct of officer
in formation of jury. i§ '05 ch.692, 2 Je
p N. C. Where codefendants in civil action have divergent interests
court may apportion challenges or increase number to 4 for each, i §
'05 ch.357, 2 Mr
q Or. Amdg. Ann.C.& S. §975 rel. to drawing jury for term of Cir-
cuit Court. i§ . '05 ch.iS5, 21 F
r Pa. Judges to determine nimiber of jurors to be summoned. 2§
'05 ch.31,- 21 Mr
8 S. C. Adds § 1 8a to '02 ch. 5 78 : any atty. may apply for preparation
of jury list or box nunc pro tunc where jury com'r has failed to prepare
same. i§ '05 ch.461, 2j Ja
t S. C. Amdg. C.C. §2941 rel. to selection of foreman for jury. i§
•05 ch.422, 17 F
u Tex. Supplementing laws rel. to selection of jurors. Adds R.C.S.
art. 3159a & 3175a & Crim.P. §647a. 4§ '05 ch.14, 23 F
V Tex. Amdg. R.C.S. *9 5 art.3139 subdiv.i: failure to pay poll tax
no disqualification for jury service. i§ '05 ch.107, 15 Ap
Civil procedure
730-33 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
w Vt. Amdg. S. §1228: in civil actions in Cotmty Cotirts each party
to have 6 [2] peremptory challenges and any further number for cause.
i§ •04ch.59.30N
z Wash. Selection of jurors in Superior Court ; jury com 'rs. 16$
'05 ch. 146, 9 Mr
732 Verdicts
a CaL Amdg. C.C.P. §625 rel. to special & gen. verdicts in actions for
recovery of money only or specific real property. i§ '05 ch.62, 6 Mr
733 Appeals. Review
S9t also 436, Pxobate procedure
a Cal. Amdg. C.C.P. §949 : appeal does not stay proceedings on court
order to corp. to allow member to inspect books. i§ '05 ch.29, 27 F
b CaL Amdg. C.C.P. §948 rel. to justification of surety on under-
teking on appeal. i§ '05 ch.i6«, 18 Mr
c CaL Amdg. Pen.C. §770 rel. to appeal from decree of removal from
office. i§ *o5 ch.280, 18 Mr
d CaL Amdg. C.C.P. §859: relief from judgment by default barred
10 days after notice of entry, ij '05 ch.284, 18 Mr
e Ct. Amdg. G.S.'o2 §793- proceedings on appeal to Supreme Court
of Errors to be suspended during July & Aug. i J '05 ch.24, 2 My
f Ct. Amdg. G.S.'o2 §792 rel. to finding of facts to be made by
judge for case on appeal to Supreme Court of Errors. 1 §
'oSch.sS. laMy
g Ct. Incapacity of judge to make findings for case on appeal to
Supreme Court of Appeals ground for motion for new trial, i {
'05 ch.62, 12 My
h Ct. Case of summary process may not be appealed to Supreme
Court of Errors. Amds. G.S.*02 5788. z} 'oS ch.112, 6 Je
i Fla. Motion for new trial in civil case. 45 '05 ch.32
j Kan. Authorizing amdt. of complaint on appeal from police judge
of city of 2d or 3d class to District Court. i§ 'o5ch.336,22F
k Kan. Appeal from Probate Court in matter of Ivmatic or dnmkard
to be taken to District Court, ij '05 ch.4, 4 Mr
m Elan. Amdg. G.S.'oi §5042 rel. to limitation of appeals to Supreme
Court. 2% '05 ch. 321, 4 Mr
n Kan. District Court must grant stay of proceedings on judgment
pending appeal, on execution of bond. i§ '05 ch.322, 4 Mr
p Elan. Amdg. G.S.'oi §503 1, $033-35 rel. to case made on appeals to
Supreme Court. 5§ '05 ch. 320, 8 Mr
q Kan. Rep. G.S.*oi §4755 rel. to granting new trial on account of
smallness of damages awarded. i§ '05 ch. 3 3 2, 9 Mr
r Mass. "An act rel. to appeals from Land Court. " i §
•05 ch.288. r3 Ap
8 Mich. Appeal dismissed either before or after passage of act for
nonpajmient of register's fee may be reinstated by Supreme Court.
*o5 ch.15, 10 Mr amdg. C.L.'97 §552. Unconst. as to appeals dis-
missed before passage as impairing vested right. Lohrstorfer v.
Lohrstorfer 104 N.W; 142 (1905).
Civil procedure
CIVIL LAW ADMINISTRATION OP JUSTICE 733-34
t Moil Amdg. C.C.P. §1152, 11 73 rel. to exceptions, objections &
motions for new trial. 3§ '05 ch.92, 4 Mr
tt Neb. **An act to provide for appeals to Supreme Court in all . . .
except criminal cases; procedure ..." Rep.C.S.*o3 §7156, 7i7i.
7265-66. 6J *os ch.174, 30 Mr
V Ncv, Amdg. '69 ch.112 §197: notice of motion for new trial 10 [5]
days after verdict; when grounded on insufficiency of evidence /«*>
preponderance -mUX support verdict or judgment. i5 '05 ch.21, 25 F
w N. M. Amdg. C.L.'97 §2685 subdiv.134 rel. to setting aside certain
judgments entered by default. 2§ '05 ch.26, 2 Mr
z N. C. Amdg. C. §550: statement of "case" on appeal to be served
on respondent 15 [5] days after entry & returned with objections
within 10 [3] days. i§ '05 ch.448, 4 Mr
y N C. Clerk of Superior Court to send bill with transcript of case
for appeal to Supreme Court ; to be taxed as costs in higher court, i §
'05 ch.456, 4 Mr
yi Okl. Amdg. S'03 §5044: appeals from justice of peace may be
made to Probate [District] Court; judgment of Probate Court final
' where judgment given not over $50. 2§ '05 ch.28 art.9, 2 Mr
ya Okl. Case on appeal to Supreme Court in which court records
are omitted or incorrectly given may be corrected by Supreme Court
or on motion of party to cause; appeal not to be dismissed until
opportunity given to make corrections. 2§ '0$ ch.28 art. 4, 15 Mr
y3 Or. Amdg. Ann.C.&S. §2238 rel. to appeal from Justices Court.
i§ '05 ch.134, 21 F
y4 Pa. Amdg. '76 ch.23 §1 rel. to appeals to Court of Quarter Sessions
from summary conviction before magistrate or court not of record, i J
*oS ch. 196, 22 Ap
75 Pa. Trial court on reserving or denying request for binding
instructions to certify evidence for appeal. i§ '0$ ch.198, 22 Ap
y6 Tenn. Facilitating trial of causes in Circuit Courts appealed from
jtistices of peace. 2§ '05 ch.8, 3 P
77 Tex. Amdg. R.C.S.*95 art.1371 rel. to amdt. of motions for new
trial: grounds. i§ 'o5ch.i8, 24F
y8 Tex. Defective bond filed in appeal may be amended, i §
'05 ch.115, IS Ap
z U. Amdg. R.S.'98 §3747: adverse party may waive undertaking
on appeal from Justices Court. i§ 'o5ch.25,27F
zz Vt. Supreme Court after remanding appeal from Chancery may
rehear or amend before enrolment of decree. 2§ '04 ch.55, 10 D
Z2 Wash. Amdg. Ballinger's Ann.C.&S. '97 §6754: appeal from
Justices Court allowed on judgment exceeding $20. i§
*o5 ch.2o, 15 F
734 Exceptioiis
a Gal* Amdt., settlement & engrossment of bill *of exceptions in
criminal proceeding. Adds Pen.C. §1177. i§ *oS ch.374, 20 Mr
b Ga. Amdg. C.'9S §5536 ^i: evidence omitted by trial judge from
certified bill of exceptions may be included in main bill by supplemen-
tal certificate of trial judge, ij '05 p. 84, 22 Ag
Civil procedure
734-36 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
c Ind. "An act providing for extension ... of time within which
to file bill of exceptions." i§ '05 ch.40, 25 P
d U. Amdg. R.S.'gS §3286 rel. to bill of exceptions. i§
'05 ch.7, IS F
735 Judgments
a Cal. Amdg.C.C.P. §585 rel. to entry of judgment by default, ij
'05 ch.47, 3 Mr
b Cal. Amdg.C.C.P. §890 rel. to dismissal of action without pre-
judice. i§ '05 ch.51, 3 Mr
c Cal. Action to be dismissed unless brought to trial 5 yrs after
defendant has filed answer. Adds C.C.P. §583. i§
'05 ch.271, 18 Mr
d Cal. Amdg. C.C. §3366: specific relief may be given as provided
by law [in cases enumerated in C.C. div.4 pti t.3]. i§
'oS ch.465, 21 Mr
e Men. Amdg. C.C.P. § 1020 rel. to entry of judgment by default. 2 J
'05 ch.S9, 2 Mr
f Neb. Rep. '89 ch.30 §2 which authorized filing of transcript of
judgment & decree of U. S. Circuit & District Court in the several
counties. i§ '05 ch.173, 30 Mr
g N. Y. Amdg. C.C.P. §1251 rel. to form of docketed judgment to
create lien on debtor's realty. x§ '05 ch.432, 16 My
h N. Y. Amdg. C.C.P. §1774 as to entry of interlocutory & final
judgments in matrimonial action. i§ '05 ch.537, 18 My
i Okl. Amdg. S.'93 §4310, 4613: judgment of Court of Record or
U. S. courts to become lien on real estate, after entering on docket;
keeping of judgment docket. 3§ '05 ch.28 art. 3, 15 Mr
j U. Amdg. R.S.'98 §3272 rel. to order for exam, of judgment
debtor, ij '05 ch.i8, 24 F
k U. Amdg. R.S. '98 §3199: docket or index to contain names of
judgtnent debtors [defendants]. i§ '05 ch.20, 24 F
m U. Copy of docketed judgment may be filed & execution issued in
any county of state. i§ '05 ch.33, 3 Mr
n Wis. Judgment collected in civil action to be restored on reversal ;
retention of collected judgment pending new trial; deposit of judg-
ment collected pending appeal. Adds S.'gS §2894 b-c. 2§
'05 ch.132, 29 Ap
p Wis. Amdg. S.'98 J4043: judgments over $10 in favor of estate
against person presenting claim when docketed to be lien on real
estate. i§ '05 ch.137. 29 Ap
q Wy. Amdg.R.S.'99 §3607 rel. to entry of judgment by default. i§
'05 ch.62, 20 F
r Wy. Amdg. R.S. '99 §4374: judgment by default may be entered
in Justices Court on sworn account. i§ 'o5ch.73,2iF
736 Executions. Judicial sales
See also 45 1 , Exemption from execution
a Ct. Amdg. G.S.'o2 §1522 rel. to execution of judgment stopped
by pendency of appeal to Supreme Court of Errors. i§
•05 ch.70. 18 My
Civil procedure
CIVIL LAW ADMINISTRATION OF JUSTICE 736-37
b Del. Amdg. '03 ch.457: extending time for renewal of judgment
liens on realty in Kent & Sussex counties to Jan. i, ,1906.
'04 ch.2, 30 D
c Del. Rev. '03 ch.4S7 rel. to limiting of judgment liens on real es-
tate in Kent & Sussex counties. '05 ch.200, 16 Mr
d Me. Amdg. R.S.'o3 ch.114 §25: creditor must present original
petition & subpoena at exam, of judgment debtor; penalty. i5
'oS ch.37, 7 Mr
e N. H. Amdg. P.S. ch.233 §20-21 as to notice to debtor of sale under
execution. 2§ '05 ch.i6, 9 P
f N. C. Validation of judgments under which sales of contingent
remainders, executory devise or other limitation, have been made;
proviso. i§ '05 ch.93, 3 F
g N. C. Amdg. '85 ch.38 §1 rel. to publication of notice of sale under
trust deed, mortgage or other contract. 2§ '05 ch.147, 10 F
h N. C. Execution to issue on judgment from Superior Court only
when docket in county where process is sought. i§
'05 ch.412, 4 Mr
i N. C. Municipality purchasing real estate at trustee's or mort-
gagee's sale entitled to deed; retroactive. 2§ '05 ch. 526, 6 Mr
j Old. Amdg. S.'o3 J4747: undertaking & sufficiency of sureties in
stay of execution of judgment or order to be approved by judge or
clerk; extension of time for completing case made. i§
'05 ch.28 art. 7 §4, 16 Mr
k Pa. Amdg. '36 ch.191 §106-7 rel. to petition of purchaser at execu-
tion sale to be placed in possession; jury of 6 [12] to decide disputed
facts. 2§ '05 ch.91, 8 Ap
m Pa. "All act . . . defining rights ... & liabilities of pur-
chasers of real estate at judicial sales, & of their grantees, heirs &
devisees & of persons then in possession." Rep. sundry acts rel. to
judicial sales. 19 § '05 ch.178, 20 A^
n Pa. Form of sheriff's & coroner's deed; acknowledgment, delivery
& recording fees. 6§ '05 ch.185, 22 Ap
p S. D. Amdg. Justices Code §81: execution may issue within 10
yrs on judgment of justice ^of peace duly filed in Circuit Court. 2§
'05 ch.93, 8 Mr
q U. Amdg. R.S.*98 §3232 rel. to issue of execution on docketed
judgment. i§ '05 ch.31, 3 Mr
r Wash. Judgment lien ceases after 6 yrs & shall not be revived.
•97 ch.39, 6 Mr. Unconst. as to existing choses in action impairing
obligation of contracts. Howard v. Ross 80 P.819 (1905), Fischer v.
Kittinger 81 P.551 (1905).
s Wis. Publication of notice of sale of real estate on- execution.
Adds. S.'98 §2993 subdiv.4. i§ '05 ch. 100, 22 Ap
737 Costs. Bonds
a Ct. " An act concerning reports of forfeited bonds & recognizances. ' '
2§ '05 ch. 27, 2 My
b Ind. Civil, Criminal or Probate Court may accept cash or certified
check in lieu of bond. i§ '05 ch.20, 17 F
Ciril piDoedure
737-4Z N. Y. STATE LIBRARY INDEX OF LEGISLATION I90S
c Neb. Amdg. C.S.'o3 §3517: party against whom judgment is ren-
dered in District Court to pay $1 fee for trial by court or by jury to be
taxed as costs. 3§ * '05 ch. 68, 4 Ap
d N. C. Clerk of Superior Court to send bill with transcript of case
for appeal to Supreme Court; to be taxed as costs in higher court. i{
'oS ch.4S6, 4 Mr
e S. D. Court costs in certain actions rel. to public lands. 2§
*o5 ch.iS9, 34 F
f Tenn. Amdg. C.'96 §4894 rel. to bonds on appeal from judgments
in certain actions. i§ '05 ch.89, 27 Mr
g Wash. Amdg. Ballinger's Ann.C.& S.'97 §6561 rel. to security for
costs of nonresident plaintiff in Justices Court. i§ 'oSch.io,3P
h Wash. Amdg. Ballinger's Ann.C.& S.'97 §5173 rel. to costs in
civil action. i§ '05 ch.i6, 14 F
i Wash. Atty. Gen. to issue required bond in action in which state is
party. i§ '05 ch.99, 9 Mr
j Wis. Payment of expenses of civil actions by or against state, i \
*os ch.48, 29 Mr
k Wis. Amdg. $.'98 §2940 as to payment by county of costs on
change of venue or where action occupying day or more is tried outside
of county where pending. i§ '05 ch. 2 54, 2$ My
m Wis. Amdg. S. '98 §2949, 3072 rel. to costs in Supreme Court;
costs on reversal of judgment. 3§ '05 ch.36s, 14 Jc
739 Special actions
741 Attachment
Set also 451, Exemption from execution
a Cal. Amdg. C.C.P. §868 rel. to writ of attachment issued by Jus-
tices Court. i§ 'oS ch.222, 18 Mr
b Cal. Amdg. C.C.P. §53 7 rel. to basis for issue of attachment &
affidavit to support. i§ '05 ch.363, 20 Mr
c Col. Amdg. G.S.'83 §2000 rel. to grounds for issue of writ of attach-
ment from Justices Court. i§ '05 ch.ii8, 10 Ap
d Ct. Amdg. G.S.'o2 §853: form of attachment bond. i§
'oS ch.32, 2 My
e Del. Piano, attachments & organ leased or hired exempt from
attachment for rent. 2§ '05 ch. 201, 30 Mr
f Kan. Amdg. G.S.'oi §5273: judgment for defendant not to dis-
charge attachment or garnishment if plaintiff perfects appeal in time.
3§ '05 ch,337, 3 Mr
g Kan. Requiring personal service of writ where attachment or
garnishment of wages earned outside state is sought in action arising
without jurisdiction. i§ '05 ch. 523, 4 Mr
h Me. Rep. R.S.'o3 ch.6o §26 exempting receipts of agricultural
societies from attachment.' i§ '05 ch.14, 21 F
i Me. Amdg. R.S.'o3 ch.83 §23 rel. to new service of defective writ
of attachment, i J '05 ch.6i, iS Mr
j N. H. Amdg. P.S. ch.220 §16 rel. to attachment of bulky articles;
penalties for waste. 4} '05 ch.43, 8 Mr
Civil procedure
CIVIL LAW ADMINISTRATION OF JUSTICE 741-4^
k OkL Amdg. S.'o? A^T* ui action on unmatured claim against
debtor conveyinjr .operty in fraud of creditors, plaintiff, before
attachment issvo 1 or action maintained, to make written oath giving
grounds of 9" :rchment, nature of claim, etc. i§
'05 ch.28 art.7 §5, 16 Mr
m OkL Rep. 8/03 §44x7-21, 4423 rel. to attachments. i§
'05 ch.28 art.7 §6, 16 Mr
n Pa. Amdg. '36 ch. 5 68 §44: writ of foreign attachment may be
issued against property of nonresident tn actions ex contractu & in
those ex delicto for tort committed in state, 2§ '05 ch.54, 30 Mr
p Wy. Amdg. R.S.'qq §4452 rel. to ground for issue of attachment.
i§ 'osch. 38, 15F
742 .Garnishment
a Ct. Amdg. '03 ch.95 rel. to garnishment of wages on foreign attach-
ment. i§ 'oS ch.iQS, 29 Je
b 111. Salary of public officer or employee subject to garnishment;
, procedure. 8§ '05 p. 2 8 5, 11 My
c N. M. Amdg. C.L.'97 §3 299 rel. to costs in garnishment pro-
ceedings. 2§ 'oS ch.133, 16 Mr
d N. Y. Amdg. C.C.P. §1391: judgment creditor for necessaries or
services may secure execution against salary in excess of $12 [$20] a
week; to apply to mun. employee. i§ '05 ch.175, 11 Ap
e 5. D. Amdg. R.C.'99 §5382 : creditors may proceed by garnishment
against public corp. i§ '05 ch. 69, 11 Mr
f Pa. Amdg. '76ch.iio§x rel. to attachment of wages in suit to
recover for board & lodging. i§ '05 ch.99, 10 Ap
g Tenn. Amdg. '71 ch.71 §1: go% oi salary when $40 a mo. or
less exempt from garnishment; $36 exempt, when salary exceeds $40
a mo.; proviso. 3§ '05 ch.376, 13 Ap
h U. Amdg. R.S.'98 §3095, 3098 as to exam. & fees of garnishee &
taxation of costs. 2§ '05 ch.37, 7 Mr
i U. Salary of state official or employee subject to garnishment. 2§
*o5 ch.96, 9 Mr
j Vt. Amdg. S. §1312: where trustee process has issued for part of
money due on contract balance shall be exempt if suit is brought
against trustee on other debts. i§ '04 ch.62, 9 D
k Wis. Amdg. S. '98 §3716 as to affidavit & simimons against more
than one garnishee. i§ *o5 ch.72, 11 Ap
m Wis. Garnishee may furnish bond for discharge or appeal. Adds
S.'98§372ia. i§ '05 ch. 173, 8 My
Contracts^ see 453
Divorcey 5094^9
Foreclosure, see 406. 410
Partition, jw 585
Probate procedure, see 439
746 Replevin
a Ind. Replevin may be brought before mayor or justice of peace
without bond; defendant to retain chattel; judgment for return or
value & damages. i§ *o5ch.26,2iF
Civil procedure
746-49 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
b Pa. Amdg. '01 ch.6i §3: in replevin suit property for loss of which
damages would be inadequate may be impounded on giving security
for charges. 2§ '05 ch.119, 14 Ap
c Tenn. Amdg. €.'96 §5152 rel. to judgments before justices of peace
in replevin cases. i§ '05 ch.31, 26 Ja
d Wis. Amdg. S.'98 §3733: affidavit for warrant of replevin may be
amended by substituting amended affidavit before trial of action. i§
'05 ch. 155, 3 My
747 Search warrants
a Cal. Amdg. Pen.C. §1541 rel. to return of search warrant & de-
position taken before magistrate to court competent to take jurisdic-
tion. i§ '05 ch.S46, 21 Mr
748 Title and possession of property
Se4 also 381
a Cal. Amdg. C.C. §793 rel. to action to recover real property where
right of reentry was reserved. i§ '05 ch.438, 21 Mr
b Ga. Proceedings to remove cloud on title to real estate. 3§
'05 p. 102, 22 Ag
c Kan. Rep. G.S.'oi §5086 which allowed party defeated in eject-
ment suit to demand second trial. i§ '05 ch.333. 8 Mr
d Neb. Rep. C.S.'o3 §7209-10 allowing 2 trials for recovery of real
property. i§ '05 ch:i7S, 29 Mr
e N. Y. Amdg. C.C. P. §1671 as to cancelation of notice of pendency
of certain actions to recover real property on deposit or filing of under-
taking. i§ 'oS ch.6o, 15 Mr
f N. D. Amdg. R.C.'99 §5908-9 rel. to actions to determine adverse
claims to real estate: unknown defendants. 3§ '05 ch. 4, 13 Mr
g Pa. Alias writ of possession justifying use of force may issue against
lessee 10 days after refusal to vacate in obedience to judgment ter-
minating tenancy. 2§ 'oS ch.ioo. 10 Ap
h S. D. Amdg. '03 ch.194: action to determine title of realty may be
brought by one claiming fee, lien or interest; personal service of sum-
mons outside state to be deemed "personal" service. io§
'05 ch.8i. 25 F
Torts, see 468
749 Writs: certiorari, injunction, mandamus, prohibition, quo warranto,
scire facias
a N. y. Amdg. tax law '96 ch.908 §254 rel. to costs in certiorari
proceedings against tax assessor. 2§ '05 ch. 281, 22 Ap
b N. C. Amdg. C. §344, 346: injunction for over 20 days to be
granted only after 2-10 days [duel notice & modified or vacated on
same notice. 2§ '05 ch.26. 24 Ja
c N. C. Amdg. '99 ch. 1 64 §23 rel. to mandamus to enforce judg-
ments of State Corp. Com'n. 2§ '05 ch.107. 4 F
d Okl. Amdg. S.'o3 §4429 : injunction bond to include atty.'s fee. i§
'05 ch.28 art. 2. 15 Mr
e Tex. **An act regulating injunctions in local option elections &
cases." i§ '05 ch.69. 7 Ap
772
774
a
Cal.
land.
b
Col.
c
Id.
Domain
FINANCE 750-76
750 ADMINISTRATIVE LAW
This and Constitutional law, 15, make up what is commonly known as the
Political Code.
770 Finance. Public property
Ste also 3337. School finance; 2550. Local finance
Domain. Property
Public lands
See also aa^o. School lands
Msdr. to prevent or obstruct lawful entry upon U.S. public
Adds Pen.C. §420. i§ '05 ch.516, 21 Mr
Gen. law rel. to public lands. 58§ '05 ch.134, 12 Ap
Public lands: powers & duties of State Bd of Land Com'rs
created by Const. 1889 art. 9 §7: appointment of register & of State
Land Com'r by bd; leases and sales; investment of proceeds. Rep.
sundry laws. 31 § '05 p. 131, 2 Mr
d Id. $5000 for investigation of condition of various funds resulting
from donation of U.S. lands, including all timber & other lands
selected by state. i§ '05 p. 226, 9 Mr
e N. M. Creating Territorial Land Office & Com'r; sale, lease & man-
agement of public land & disposition of proceeds. Rep. '99 ch.74
except §2, '03 ch.78. S3§ '05 ch.iii, 16 Mr
f Or. Amdg. Ann. C.& S. §3298: salary of Land Clerk $2400 [$1800].
i§ '05 ch.114, 18 F
g Pa. "An act rel. to granting . . . vacant or unappropriated
land . . . conveyance to . . . Forestry Com 'n where desirable for
forest culture or preservation & preventing granting of warrants for
beds of navigable rivers." 6§ '05 ch.50, 28 Mr
h Tex. Limiting time to bring suit for school, univ. or asylum
lands. 2§ '05 ch.29, 16 Mr
i Tex. Atty. Gen. to bring action for value of property taken from
public land. 6§ '05 ch. 3 2, 22 Mr
j Tex. Sale & lease of school & asylum land. i2§
'05 ch.103, 15 Ap
k Wash. Irrigation, improvement & sale of land granted to state.
iS§ •o5ch.6i,3Mr
m Wis. Amdg. S.'98 §186 as to records of public lands held in trust
for U.S. i§ '05 ch.354, 12 Je
n Wy. Creating office of Com'r of Public Lands; biennial report
to Leg. Rep. R.S.'99 §788-91, 938, 952, '03 ch.78 §6-8, 10. ii§
'05 ch.36, 15 F
776 Sale. Settlement. Appraisal
a Cal. "An act forfeiting to state payments for state lands where
fraudulent title was sought to be obtained thereto." i§
*o5 ch.332, 20 Mr
b Id. Generally amdg. R.S.'87 pti t. i2rel. to disposal of town sites
or other parcels of land entered on public lands of U.S.; distribution
of proceeds. i4§ '05 p. 84, 13 Mr
c Minn. Appraisal & sale of state lands. 2§ '05 ch.162, 13 Ap
d Minn. Land Com'r may advertise sales of public land & publish
statistics of state's resources. i§ '05 ch. 201, 15 Ap
Domain J
776-78(5 N. Y. STATE LIBRARY INDEX OF LEGISLATION 190$
e Minn. Terms for sale of public lands received \inder U.S. grant.
S§ '05 ch.299, 19 Ap
i N. y. Rep. §5 1 of public land law '94 ch. 317 which gave original
owner preference for i yr to buy back canal land abandoned by state.
i§ *os ch.451, 16 My
g N. D. Amdg. R.C.'95 §^5x6-22 reh to disposal of unclaimed lots in
town sites on U. S. public lands; transfer of trust property; surplus
proceeds of sale may be used for constructing school buildings. 7 §
'o5ch.i83, 6 Mr
h Or. State Land Bd to execute satisfaction of mortgage on lands
purchased from state without acknowledgment. i§ '05 ch.28, 6 F
i Tenn. Amdg. '03 ch.416 §1 which repealed all laws authorizing
grants of land; exceptions. i§ '05 ch.4S9, 15 Ap
j Tex. Amdg. '03 ch.97 §1, 3, 4 rel. to sale of school, univ. &
asylum land to railroad co. 3§ '05 ch.46, 27 Mr
k U. Amdg. '99 ch.64 §1,4, 9, 32, 34 rel. to State Bd of Land Com'rs.
5§ '05 ch.36, 7 Mr
m Wis. Amdg. S.'98 §209: public lands to be sold for cash only,
paid at time of sale [20% down & balance in 60 days]. i§
*oS ch.184, 8 My
777 Deeds. Titles
a Ind. Gov. ^to issue patents for Michigan road lands, i §
'05 ch.io6, 4 Mr
b Kan. Amdg. G.S.'oi §6765 as to issue of duplicate to replace lost
or destroyed patent to state land. 2§ '05 ch.483, 4 Mr
c Mich. Deeds of state tax lands reserved under homestead right
to be prima facie evidence of title in fee in g^rantee. i §
•05 ch.2ii, 13 Je
d Mo. Amdg. R.S.'99 §8159 rel. to correction of erroneous descrip-
tion in patent to saline, seminary or state land. i§
'05 p. 1 79. 10 Ap
e Neb. Title to land patent, issued by state to person dying before
date of patent, to be vested in representative. i§ '05 ch.64, 9 F
f Nev. Amdg. '85 ch.85 §1 as to dismissal of action rel. to title to
public lands for failure to prosecute with diligence; land & money
forfeited. 2§ *oS ch.103, 17 Mr
g N. C. Grants of land from state may be registered till Jan. i, 1907.
2§ *o5 ch.6, 14 Ja
h S. D. Amdg. C.C. §961 rel. to recording &• admission in evidence
of state patents, contracts for sale of lands of state & certified copies
of same. 2§ '05 ch.149, 11 F
778 Tide, shore and swamp lands
a Ind. Atty. Gen. may appoint assistants for prosecution of claims
against U.S. rel. to swamp land. 3§ *o5 ch.75, 3 Mr
b Wash. Appraisal & payment for improvement of tide land leased
from state. 4§ '05 ch.173, 13 Mr
778(5 Timber
a Minn. "An act rel. to sale of timber on state lands, defining tres-
pass thereon & prescribing penalties. . . " 44 § '05 ch.204, 17 Ap
Property
FINANCE
b Wis. Com'rs of Public Lands may sell timber on public lands dam*
aged by wind or fire. i§ *oS ch.322, 9 Jc
779 Buildings. Property and supplies
a Mich. Contractor on public building or works to give bond for
payment of subcontractor & labor & material. 4§ '05 ch.187, 7 Je
b Neb. Board of Public Lands & Buildings may use unoccupied
state property to relieve overcrowding of insts. or lease same. i§
*o5 ch.150, 4 Ap
780 Buildings and grounds
a Cal. Watchman at Capitol or Gov.'s mansion to have power of
peace officer; salary $1200. Adds P.C. §421. i§ '05 ch.i6, 20 F
b Cal. Amdg. '76 ch.325 §3 rel. to publication of requests for bids to
erect or repair public building. i§ '05 ch. 3 52, 20 Mr
c Ct Selection of architect & plans for public building. 6§
'05 ch.144, 16 Je
d IIU Creating com'n to select site & supervise construction for
Supreme Court building at Springfield; $350,000. 8§ '05 p.76, 18 My
e Nev. $40,000 for erection of State Library & Supreme Court btuld-
ing at Carson City; Bd of Capitol Com'rs to locate site & erect building.
8§ '05 ch.49, 13 Mr
f Nev. Appropriating $8000 for purchase of building at Carson City
for storage of military stores & other state property. 2§
*o5 ch.104, 17 Mr
g N. J. State building at St Louis Exposition to be reerected at state
camp at Sea Girt; $15,000. i§ 'o^ ch.78, 30 Mr
h K. D. Reconstruction of State Capitol, & erection of Gov.'s man-
sion; proceeds of sale of public building lands at capital to form fund;
issue of interest-bearing certificates to $600,000 against such fund.
i4§ '05 ch.i66, 3 F
i N. D. Amdg. R.C.'qq §338: $24,000 [$18,000] annual appropria-
tion for maintenance of Capitol 6* executive mansion. i§
'05 ch.17, 14 Mr
j S. D. Money not to be paid for site for public building till copy of
deed in fee, abstract of title & opinion of Atty. Gen. as to validity are
obtained. 2§ '05 ch.97, 10 Mr
781 Capitol
a Ct. Amdg. G.S.'o2 §4811: salary of Capitol Superintendent $1800
[$1600]; assistant $1600 [$1400]. i§ '05 ch.278, 19 Jl
b Id. Com'n to prepare plans for enlargement or rebuilding of Capi-
tol; expenditure limited to $350,000; bond issue: i6§ '05 p.iSS, 3 Mr
c Ky. Amdg. 'o4ch.2 §1: authorizing change of Capitol site within
city of Frankfort & providing for acquisition of lands. 2§
'05 ch.i (ex. sess), 14 F
d Mon. National flag to be displayed daily on Capitol except in
inclement weather. 4§ 'o5ch.3i,2iF
• Pa. Com'n to be appointed to arrange for dedication of Capitol;
$50,000. 2§ '05 ch.306, II My
f S. D. Construction of new Capitol; $150,000. 4§
' '05 ch.163, 2 Mr
Property
781-90 N. Y. STATE LIBRARY INDEX OF LEGISLATION I90S
g Vt. "An act to prohibit distribution of advertising matter or
soliciting subscriptions in or about the State House." 2§
'04 ch.9, 9 D
h Wis. Organization & duties of com'n appointed by '03 ch.399 to
provide accommodations for State Law Library & judicial department
of state. i2§ '05 ch.Si6, 21 Je
782 Executive mansion
a Fla. Com'n to be appointed to select site & build executive man-
sion; $25,000 conditional appropriation. 5§ '05 ch.ioi, 29 My
783 State architect
a 111. Amdg. '99 p. 79 §2: state inst. employing State Architect
to pay traveling expenses not exceeding i^% of work done. i§
'05 p.79, 16 My
b Kan. Appointment of State Architect. Rep. G.S. '01 §6701-3.
8§ '05 ch.489, I Mr
c Neb. Abolishing office of State Architect provided for by C.S.'o3
§5976-79- i§ '05 ch. 149, 30 Mr
784 Property and supplies generally
a Mich. Certain state & institutional bds may make rules for care
of state property over which they have jurisdiction & control. 6§
*o5 ch.8o, I My
b Vt. Amdg. S. §326 rel. to sale & lease of state property by
auditor. i§ '04 ch.22, 8 D
786 Custody of personal property
a Cal. Amdg. Pen.C: §76 as to penalty for unlawful refusal by public
officer to surrender property to successor. i§ '05 ch.481, 21 Mr
787 Contracts and supplies
a DeL Regulating furnishing of state supplies. 6§ '05 ch.82, 23 Mr
b Neb. Amdg. Ann. S. '03 §11401, 11412: annual [quarterly] letting
of contracts by State Printing Bd for dep't supplies; emergency sup-
plies. 3§ '05 ch.io2, I Ap
788 Importation of supplies
a N. D. Amdg. R.C.'99 §1030 rel. to use of native or lignite coal in
public inst. i§ '05 ch. 132, 11 Mr
789 Officers: interest in contracts
a Vt. State officer not to derive personal benefit from official con-
tract. Supplements S. ch.22 5. i§ 'o4ch.i54, 8D
790 State institutions
a Cal. State insts. to exchange surplus products under direction of
Bd of Examiners. 5§ '05 ch. 191, 18 Mr
b Id. Purchase of supplies for state inst.; state educational inst.
excepted. s§ '05 p.38, 23 F
c Mass. Amdg.R.L. ch.208 §112 rel. to trespassing on land of certain
state insts. i§ '05 ch.434, 23 My
d N. H. Supplies for state inst. to be purchased on competitive
bids; exceptions; penalties. 3§ V>5ch.i2o,ioMr
FINANCE
e K. J. State Treasurer & Compt. may acquire land necessary
for state institutional purposes after specific appropriation, i §
'oSch.93,3Ap
f 5. y. Amdg. charities law '96 ch.546 §48-49 rel. to supplies for
state inst.; joint contracts. 2§ '05 ch.457, 16 My
g W. Va. Contracts for fresh meats & breadstuff s used in state
inst.; procedure. i§ '05 ch.71, 24 F
791 Insurance
a Del. Sec. of State may reinsure state property on expiration of
policies. i§ '05 ch.239, 30 Mr
b N. C. Amdg. '01 ch.yio §1-2 public buildings to be insured in
discretion of Insurance Com'r within appropriation for that purpose.
25 *o5 ch.441, 4 Mr
c Vt. Amdg. S. §233: sergeant-at-arms, with consent of State
Librarian & Auditor, may insure State House & contents against fire.
i§ *04 ch.13, 10 D
79a Sale of property
a Ncv. State Compt. to sell obsolete revenue stamps & credit to gen.
fund. i§ *o5 ch.74, 7 Mr
793 Public works
795 State departments
796 State engineer. Surveyor
a Nev. Amdg. '03 ch. 4 §3 rel. to qualifications of State Engineer.
i§ '05 ch.91, 16 Mr
b Wy. Amdg. R.S.'99 §108 rel. to fees of State Engineer. i§
'oSch.82,2iF
798 State parks
See also 1894, Forest preserve; 2369, Scenic and historic places
a Kan. Establishing public park at Ft Hays Military reservation in
conformity with act of Congress Mar. 28, 1900. i§ '05 ch.479, 4 Mr
b Ifass. Amdg. '03 ch. 264 §1: extending time for creating Mt Tom
State reservation till Ap. i, ipo6 [1905]. 2§ '05 ch.413, 17 My
c Minn. Establishing Minneopa State park in Blue Earth county;
$5000. 6§ '05 ch.297, 19 Ap
d N. Y. Certain land to be included in Niagara State reservation.
Adds §9 7a to public lands law '94 ch.317. i§ '05 ch.SoS, 17 My
e U. Creating State Bd of Park Com'rs ; act to take effect on granting
of certain land to state by Congress; $2000 annual appropriation. 6§
'05 ch.34, 4 Mr
f Wis. Extending 2 yrs term of Com'r on State Parks appointed by
'03 ch.232 ; to report ito Gov. by Mar. i, igo6 [1904] as to establishment
of state parks at Dells of Wisconsin. 2§ '05 ch. 169, 4 My
800 Taxation (general)
Relating chietiv to general property taxes. Under local finance .are placed only
those tax laws which strictly oelonR there, as limitations of rates, etc. State and
local taxes are tistially collected together by local authorities; hence a separation
would be confusing. See also ^713. Road taxes.
. 6a. Joint leg. committee to consider revision of tax laws ; report to
Leg. of 1906. '05 p. 1 259, 22 Ag
N. Y. STATE LIBRARY INDEX OP LEGISLATION I90S
b 111. Amdg. '73 p. I §1,3, 33, zo8 rel. to assmt. of taxes; valua-
tion of personalty; capital stock of corp. except banks; duties of Bd
of Equalization. 4§ '05 p. 3S3, 18 My
c 111. Amdg. '98 p.34 Jio, 13, 14, 29, 35, 43 rel. to levy & extension
of taxes. 65 * '05 p.360, 18 My
d Me. Amdg. R.S.'o3 ch.9 §41-43 rel. to taxation of land in unincor-
porated places. 3§ '05 cli.69, 15 Mr
Amended. '05 ch.150, 24 Mr
e Mich. Amdg. '93 ch.206 §145-50, 152-54 rel. to State Bd of Tax
Com'rs: appointment; duties; sec. & chief clerk; assmt. of taxes. 9§
*o5ch.28i, 16 Je
f Minn. Submitting amdt. to Const. 185 7 as substitute for art.9 § 1-4 :
power of taxation indestructible; taxes to be uniform & for public
purpose; exemptions; special assmts. Vote Nov. 1906. 3§
'05 ch.x68, 13 Ap
g N. J. "An act to abolish State Bd of Taxation & to create . . . Bd
for equalization, revision, review & enforcement of tax assmts."
i2§ '05 ch.67, 29 Mr
h N. C. Rev. '03 ch.247 rel. to assmt. & collection of taxes. 94§
'05 ch.588, 6 Mr
i N. C. Rev. '03 ch. 25 1 rel. to procedure in assmt. & collection of
taxes. io8§ '05 ch.590, 6 Mr
j R. I. Amdg. G.L. ch.29 §2, ch.44 §1, ch.45 §3,9, 10, ch.46 §12 rel.
to taxation of real & personal property. Rep. ch.45 §1 i-i 5 . 7 §
'05 ch.1246, II My
k Tex. Amdg. R.C.S.'95 art. 5087 rel. to taxation of timber pur-
chased from state. i§ '05 ch. 5 2, 31 Mr
m Vt Amdg. S. § 53 2 2 rel. to compensation of Tax Com 'r & clerk, i §
'o4ch.i65, zo D
n Wash. Creating State Bd of Tax Com'rs; to supervise taxation
throughout State; biennial report to Gov. 6§ '05 ch. 11 5, 9 Mr
p W. Va. Amdg. C. ch.29 §46 defining terms, "personal property,"
*'real estate" & "real property" for assmt. purposes. i§
'o5ch.38, II P
q W. Va. Generally amdg. C. ch.29 §6-135 rel. to taxation. 13 2 §
'05 ch.35, 24 F
r Wis. Creating State Tax Com'n; abolishing office of State Tax
Com*r & 2 assistant tax com'rs; biennial report to Gov. Rep. by im-
plication. *99 ch.2o6,*oi ch.237. '05 ch.380, 15 Jc
803 Temporary commissions and special investigations
a Gal. Joint leg. committee of 4 to examine & report on state sjrstem
of revenue & taxation. '05 p. 1067, 10 Mr
b Cal. Joint leg. com'n to investigate state system of revenue & taxa-
tion & recommend plan for revision; employment of financial expert;
$10,000. 6§ ' '05 ch. 334, 20 Mr
c N. J. Questions of valuation of property & evasion & equalization
of taxes to be referred to State Bdof Equalization who shall from time
to time recommend appropriate legislation. i§ '05 p. 567, 2 Je
d Or. Com'n to be appointed to investigate method of assmt. &
collection of state taxes & to prepare tax code; report to Leg. of 1907.
i6§ '05 ch.90, 18 F
Taxation
FINANCE 808-12
808 Taxation of personal property
5## also Saa, Assessment
a Wis. Ships, boats & vessels belonging to inhabitants of state to
be taxed as personal property. Rep. '01 ch.192. 2§ 'osch.487, 20 Je
809 Money and securities
Laws relating to assessment included. 5«r aho 841. Corporation taxes
a K. J. Rep. '03 ch.208 in so far as it rep.R.S.*74 P-64 & all prior acts
affecting deduction of loan ass'n mortgages from assessed valuation
of property. i§ *oS ch.243, 19 My
b N. y. 5 mill tax on debts secured by mortgage; exemptions; levy
& collection; appeals; enforcement of delinquent taxes. Adds art. 14
to tax law '96 ch.908. 2S§ '05 ch.729, 3 Je
c 5. C. Rep. all laws exempting mun. bonds from state or local taxes ;
municipality may exempt its bonds from local taxes, i §
'05 ch.532, 6 Mr
d Wis. Amdg. S.'98 §1038 subdiv.io: national, state bank or corpor-
ate stock not exempt from taxation. i§ '05 ch.214, x6 My
Szo Exemptions from general property tax
Ste also under special classes of taxes; also 1283, Railways; 1633, Encouragement
of industries
a 111. Amdg. '7 2 p.i §2 rel. to property exempt from taxation, ij
•05 p.357, 18 My
b Ind. Amdg. '95 ch.is §1 rel. to exemption of cemetery property
from taxation. i§ '05 ch.iio, 4 Mr
c Mo. Agricultural or pastoral land included within limits of 4th
class city to be exempt from taxation till platted in s-acre lots. R.S.
'89 §1580. Unconst. Const, art. 10 §3, 7 requires uniformity in
taxation & abolishes all but specified exemptions. State v. Birch
85 S. W. 361 (190S).
d K. J. Mortgage on property exempt from taxation, also exempt.
Supplements '03 ch. 2 08 . i § *o 5 ch. 1 6 1 , 1 7 Ap
e 5. M. An;idg. C.L.'97 §1757: widow exempt from certain taxes as
head of family. 2§ '05 ch.27, 3 Mr
f O. Amdg. Const. 1 85 1 art. 12 §2: state, local gov't & school
bonds to be exempt from taxation. Adopted Nov. 1905.
'o4p.6S2. 25 Ap
g Tex. Amdg. R.C.S.'9S art.So65 rel. to exemptions from taxation:
rent & profit of buildings of charitable inst.; public charity inst.
defined; U. S. pension exempt. ii§ '05 ch.127, 15 Ap
h Wy. "An act exempting bonds issued by state of Wy., or coimty,
school district or municipality within state from taxation." 2§
'05 ch.17, 10 F
8x3 Charitable, educational and religious institutions and societies
a Cal. Submitting amdt. to Const. 1879 art.9 by adding §13 exempt-
ing Cogswell Poljrtechnical College from taxation ; Leg. may revive or
modify at will. Vote Nov. 1906. i§ '05 p.1072, 10 Mr
b Ind. Mortgages, notes & bonds of State Bd of Agric. exempt from
taxation. i§ '05 ch.27, 21 F
ktaesament
(Sa-19 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
c Ind. Personalty & i acre of realty of Greek letter fraternity con-
nected with inst. of learning exempt from taxation. i§
'oS ch.33, 24 F
d Kan. Building & ^ acre of land used by college soc. as literary
hall or dormitory exempt from taxation. i§ '05 ch.501, 7 Mr
e N. Y. Realty of pharmaceutic soc. exempt from taxation;
$100,000 in New York & Kings counties, $50,000 elsewhere. Adds
subdiv.19 to '96 ch.908 §4. i§ '05 ch.446, 16 My
f Pa. Trust fund for library, museum or art gallery exempt from
taxation. 2§ '05 ch.x7o, 20 Ap
g Tex. Submitting amdt. to Const. 1876 art. 8 §2 : endowment fund of
educational & religious inst. invested in bonds or mortgages ex-
empt from taxation for 2 yrs after purchase. Vote Nov. 1906. 4}
•os p.410, 15 Ap
h Vt. Amdg. S. §364 rel. to class of church & institutional property
exempt from taxation. x§ '04 ch.25, 10 D
816 Veterans and veterans organizatioiis
a Me. Civil War veterans assessed for less than $500 exempt from
poll tax. x§ '05 ch.163, 24 Mr
8x9 Assessment
a Ari. Compensation of deputy assessors. 2§ > 05 ch. 28, 9 Mr
b Cal. Amdg. '83 ch.49 §773. 871 rel. to assmt. & collection of
taxes in municipality of 5th or 6th class. 3§ '05 ch.90, 8 Mr
c Cal. Amdg. P.C. §3650: county assmt. list to contain post-
office address of owner of property. i{ '05 ch.132, z8 Mr
cz Ct. Amdg. G.S.'o2 $2 3 58: town clerk sending abstract of tax lists
to Compt. to correct clerical errors appearing on corrected list. z{
*osch.Si, 12 My
d Fla. Amdg. '9 5 ch.i §22: timber & turpentine privileges owned
separately from land, where owner of land unknown, to be separately
assessed. 2§ '05 ch.9, 5 Je
e Id. Amdg. '99 p. 2 54 i6, 7: provisions rel. to assmt. & col-
lection of state & county taxes made applicable to gen, & special
taxes in local divisions & independent school districts within cotmty.
2§ '05 p.4, 8 Mr
f Ind. Compensation of county assessors. i§ '05 ch. 132, 6 Mr
g Minn. Village situated in more than i county to file on demand cer-
tificate of boundaries with several county auditors as basis for taxa-
tion. i§ *o5 ch.9 5, 31 Mr
h Mo. Amdg. R.S.'99 §5575-78, 5 5 80 rel. to assmts. in city of
2d class. 5§ '05 p.69, II Ap
i Neb. Amdg. C.S.'o3 §4943 : assessors in counties under 50,000 to
receive $3 a day; annual aggregate fixed according to population of
county; [in county of 50,000 - 100,000 salary $1800]. x§
'05 ch.iio, 3 Ap
y Keb. Amdg. Ann.S. '03 §10505, 10510, 10512, 10535 rel. to assmt.
of taxes: assmt. books; verification of deputy's assmts.; annual revision
of real estate assmt. for correction of errors. 5§ '05 ch.iix, 3 Ap
A sMssment
FINANCE Big
k Neb. Amdg. Ann.S.'o3 §10418: cotinty assessor to be elected in
IQ08 [1903] & every 4 yrs thereafter. 2§ '05 ch.109, 4'_Ap
m N. J. Appointment, term & salary of assessor in county of 15,000-
35, 000. 4§ *o5 ch.45, 23 Mr
n N. J. Amdg. '93 ch.51 §1: tax bd in ist class city may appoint
chief clerk & [or] sec. i§ '05 ch. 110, 6 Ap
p 5. J. Amdg. '89 ch.296 §2-3 : mun. tax clerks not to exceed 25 [20] ;
salary $80 - $125 [$ioo] a mo. 2§ '05 ch. 122, 11 Ap
q N. J. Tax com'rs in city of 2d class to take office on ist Mon.
after Jan. i; compensation not to exceed $joo each. 2§
•05 ch.130, 12 Ap
r N. Y. Amdg. '96 ch.908 §20 as to preparation of assmt. list in city
of 10,000 with separate bd of assessors. i§ '05 ch.6i, 15 Mr
6 N. Y. Amdg. village law '97 ch.414 §104 rel. to village assmt.
rolls. i§ '05 ch.300, 22 Ap
t N. D. Cotinty auditor to furnish copy of assmt. roll to each
township clerk by M^-r. i. 2§ '05 ch. 175, 9 Mr
u N. D. Amdg. R.C.'99 §1283 rel. to assmt. of omitted property; un-
collected taxes to be added to subsequent jrrs* taxes. 2§ .
'05 ch.149, 13 Mr
V Or. Amdg. Ann.C. & S. §2971 rel. to compensation of county asses-
sor; chief deputy in certain counties. Rep. §2970, 2973-75. 4}
'05 ch.i86, 21 F
w Pa. "Establishing in coimties ... of 300,000 - 1.000,000, bd for
the assmt. & revision of taxes for state & county purposes. . . " 4)
'05 ch.32, 24 Mr
z Pa. Qualifications of assessor in 3d class city. Supplements '89
ch.247. i3§ '05 ch.S2, 29 Mr
y Pa. Amdg. '89ch.332§5,7,8: Auditor Gen. to estimate assets of
person or firm subject to taxation on failure to make return. 4§
•05 ch.134, 17 Ap
z S. C. Duties & compensation of chairman of local bd of assessors.
3§ '05 ch.446, 22 F
21 ■ S. D. Powers & duties of state & county bds of assmt. 6§
'05 ch.40, 3 Mr
Z2 S. D. State Bd of equalization & assmt. to hold annual meeting for
counsel & instruction of county auditors; state to pay expense of
attendance. 2§ '05 ch.42, 3 Mr
23 S. D. Amdg. P.C. § 1235 : term of city assessor to begin Aug. i after
election. 2§ '05 ch. 66, 8 Mr
24 Tenn. Rep. '83 ch.i6i which provided for appointment of mun.
bd of assessors in cities of 8000 - 20,000 according to census of 1880.
i§ '05 ch.231, 4 Ap
25 Tex. Amdg. R.C.S.*95 art.5076 rel.' to statement of taxable prop-
erty required of property owner: description of real estate; motor
vehicles. i§ 'o^ ch.147, 17 Ap
26 U. Amdg. R.S.*98 §2516-17, 2519, 2596 rel. to time of making
assmts. & time when lien attaches. 4§ '05 ch. 125, 17 Mr
27 Wis. Reassmt. of property for taxation where original assmt.
illegal. i2§ '05 jch.259, 25 My
SqnalizatUm
^<H^ N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
820 Real estate
a Ct. Amdg. G.S.'o2 §2341 rel. to taxation of property subject to
estate for life or yrs : remedy of remainderman on failure of tenant to
pay tax. i§ '05 ch.90, 20 My
t) Me. Construction of abbreviations in tax lists of public lands &
imincorporated townships. i§ 'p5 ch.137, 2a Mr
€ N. M. County com'rs to procure certified copies of township plats
for use of coimty assessors; filing. 2§ '05 ch. 103, 16 Mr
^ S. D. Amdg. P.C. §2108: agricultural & mineral lands to be listed
separately for taxation. 2§ '05 ch.48, 20 F
« Tex. Assmt. & collection of taxes on omitted land. 7§
'05 ch.131, 17 Ap
f Vt. Amdg. S. §387 : quadrennial appraisal of taxable real estate in
Aug. [July]. i§ '04 ch.27, 6 D
823 Personal property
a Me. Amdg. R.S.*o3 ch.9§i3 ^8: taxation of personal estate prior
to appointment of executor or administrator. i§ '05 ch.7, 9 F;
Amended. '05 ch.47, 9 Mr
b Minn. County register of deeds to furnish annually to auditor list
of mortgages & real estate securities owned or controlled by residents.
3§ '05 ch.6i, 23 Mr
<c Mo. Taxation of private ry. car; proceeds to go for road im-
provement. 13 § '05 p. 2 69/ 15 Ap
*d 5. H. Taxation of portable mills. 2§ 'o5ch.i5,9F
<e N. H. Taxation of boats & launches. i§ '05 ch.25, z6 F
i Wis. Amdg. S.'98 § 1044a as to assmt. of tax against personal
property; liability & rights of person assessed for property held by
him as representative. i§ '05 ch.508, 20 Je
'834 Domestic animals
Taxation and assessment. See also 1889, Dog tax
a Or. Tax on foreign sheep pastured in or driven through state;
exceptions. 4§ '05 ch.iS6, 21 F
b Or. Taxation of live stock; migratory stock ftmd; rebate; penalty.
8§ 'oS ch.162, 21 F
'^35 Review, Equalization, Adjustment
For equalization by state boards. See also 800, Taxation (general)
-a Cal. Amdg. P.C. 13805a rel. to cancelation of assmt. upon
public land not fully paid for. i§ *o5 ch.91, 8 Mr
b Ct. Amdg. G.S.'o2 §2310 rel. to correction of assmt. lists. i§
'05 ch.141, 15 Je
4c Ct Amdg. G.S.'o2 §2346 rel. to publication of notice of meeting by
town bd of tax relief. i§ *o5 ch.i4S, 16 Je
id Ct. Amdg. G.S.'o2 §2307: town assessor to give notice before Jan.
^o [Dec. 20] next following of addition to tax list. i§
*o5 ch.154, 21 Je
e Ct. Amdg. G.S.'o2 §2359: deputy treasurer to be clerk of Bd of
Equalization. i§ '05 ch.269, 19 Jl
f Ga. Amdg. C'95 §812: arbitrators of disputed tax returns to be
citizens of state & to make award within 30 days from date of appoint-
ment.. 2§ '05 p.68, 22 Ag
FINANCE
g Ind. Equalization of assmts. of real & personal property. 6§
'o5ch.57, 28 F
h Kan. Appeal from county bd of equalization may be taken within
10 days to District Court. 2§ ' 'o5ch.3,9Mr
i Mich. State Bd of Equalization: to equalize assmts. on taxable
property every 5 yrs. 9§ '05 ch.248,16 Je
j Neb. Amdg. Ann. S. '03 §10529 : State Bd of Equalization & Assmt.
may in equalizing assmts., change assessed valuation of any kind of
property ; certification of same to county clerk. 2 § '05 ch. 1 13 , 23 F
k Neb. Amdg. Ann.S.'o3 § 10520: coimty bds of equalization may
correct gross injustice in valuation of real property at annual meet-
ing, also apportion assessed valuation of entities to parcels of land
into which entities have been divided. 2§ '05 ch. 11 2, 9 Mr
m N. J. Notice of meetings of Com'rs for adjustment of delinquent
taxes. Supplements '98 ch. 193. i§ '05 ch.107, 6 Ap
n N. J. Amdg. '03 ch.208 §27: com'rs of appeals for review of tax
assmts. to meet 4th Tues. in Nov. [Oct,]. i§ '05 ch.ii6, 6 Ap
p N. M. Rep. '03 ch.88 §5-9 rel. to equalization of coimty taxes. i§
'05 ch.ioo, 16 Mr
q Okl. Amdg. S. '03 §5973 rel. to correction of tax assmts.: taxes to
be decreased or reftmded where property destroyed to extent oi $0%
of cash value by flood or tornado. 2§ '05 ch.31 art.i, 11 Mr
r Pa. Real estate tax assessors in ist class township to receive
necessary papers 4 mo. prior to day for appeal; compensation $5 a day.
Supplements '03 ch. 2 1 5. 2 § '05 ch. 173,20 Ap
8 S. D. Amdg. P.C. §2098 rel. to organization & duties of bds of
equalization. 2! '05 ch. 39, 6 Mr
t Wis. Correction of mun. tax roll after delivery to treasurer. Adds
S. '98 § 1085a. i§ '05 ch.134, 29 Ap
u Wis. Amdg. S.'98 §i2iob rel. to reassmt. when tax or tax pro-
ceedings set aside by court. i§ '05 ch. 292, i Je
V Wis. Amdg. S.'98 §925 subdiv.139 rel. to city bd of review of
assmts.; common council to fix salaries; cities of ist & 4th class
excepted. 3§ '05 ch. 310, 5 Je
w Wis. Review by State Bd of Assmt. of assmts. of county bds;
appeal from assmts. of coimty bds; procedure; costs. Rep. S.*9»
§io77a, 1077b, '01 ch.io. 13! '05 ch. 474, 20 Je
z Wis. Amdg. '01 ch.445 §1-3,8 rel. to county supervisors of assmts.
5§ 'o5ch.523, 20 Je
Bar Collection
a Cal. Amdg. '95 ch.182 §6 rel. to cost of collecting taxes in munici^
palities other than ist class. i§ '05 ch.358, 20 Mr
c Ind. Cost of collection to be deducted from gross amount of tax
on omitted property. i§ '05 ch. 15, 17 F
d Me. Amdg. R.S.'o3 ch.io §88-93 r®^- ^^ collection of taxes oa
organized plantations. 7§ '05 ch.86, 18 Mr
e Mich. Cancelation of taxes paid but not entered on tax roll.
Adds §98a to '93 ch.206. i§ '05 ch.212, 13 Je
Delinquent taxes
827-39 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
f Mo.^Amdg. R.S.'99 §9203-4: term of county revenue collector 4
[a] yrs. 3§ '05 p.272, 13 Mr
g Mo. Amdg. R.S.'99 §5587: auditor to deliver assmt. books &
licenses to the city collector on May 5 [i], i§ '05 p. 72, 6 Ap
h Neb. Increasing powers of county treasurer for collection of per-
sonal taxes in case of deceased tax debtor. i§ '05 ch.119, 3 Ap
i N. J. Rep. '03 ch.143 which allowed council in city of 12,000-
25,000 to provide for election of tax collector for term of 3 yrs. i§
'05 ch.225, 5 My
j N. C. Relieving sheriffs from personal liability through enforce-
ment of tax laws hereafter declared unconst. i§ '05 ch.xSo, 14 F
k 5. C. Where taxpayer removes before payment of tax, sheriff or
collector to ascertain new residence & forward certificate to local
officer for collection. 6§ '05 ch. 3 5 5, 2 Mr
m Or. Amdg. Ann.C. & S. (3103: sheriff to record name & address
of taxpayer on stub of receipt book. i§ '05 ch.53, 10 F
n Pa. Collector personally liable through expiration of authority
before collection of taxes in full during or prior to 1905 to have i yr to
collect surplus ; provisos. i§ '05 ch.74, i Ap
p S. D. Amdg. P.C. §1265 rel. to collection of city taxes. 2§
•05 ch.49, 6 Mr
q Tenn. County courts may supply tax books when lost or des-
troyed and provide for collection of state & county revenue. 10 §
'05 ch.424, 14 Ap
r Tenn. Collection of taxes in fractional parts of new counties taken
from old counties where indebtedness to railroad existed prior to sep-
aration. 6§ '05 ch.411, IS Ap
8 Vt. Cities & incorporated villages may provide for rebate for
prompt pa3mient of taxes. i§ '04 ch.28, 9 N
t Vt. Amdg. $.§3071: record of tax abatements to be kept in town
clerk's office. i§ '04 ch.78, 9 D
u Wash. Amdg. '97 ch.71 §64 rel. to extension of tax on rolls. ij
•05 ch.128, 9 Mr
V Wash. Amdg. '93 ch.72 §6 as to extension of tax for 3d or 4th
class city on rolls of county auditor. i§ '05 ch.145, 9 Mr
8a8 Refund
a Cal. Amdg.P.C. §3804 rel. to refund of tax illegally or erroneously
collected ; claim must be made within j yrs [6 mos. or for double pay-
ment 2 yrs]. 2§ '05 ch.43, 3 Mr
b Cal. Amdg. P.C. §3669 as to recovery of tax wrongfully collected;
limitation of action. i§ '05 ch.613, 22 Mr
c Men. Amdg. P.C. §4024 rel. to protest of tax & action to recover.
Adds §4024a. 3§ '05 ch.io8, 13 Mr
3S9 Delinquent taxes. Tax sales. Redemption
a Cal. Amdg.P.C. §3897-98 rel. to sale of property sold to state for
taxes: valuation by bd of county supervisors ; notice; distribution of
proceeds. 2§ '05 ch.36, i Mr
Delinquent taxef
FINANCE 829
b Cal. Amdg. P.C. §3466 rel. to action to enforce delinquent tax
lien in reclamation district. z§ '05 ch.66, 6 Mr
c CaL Amdg.P.C. §3821 rel. to seizure & sale of personalty for tax
which is not lien on realty. i§ '05 ch.372, 20 Mr
d Cal. Amdg.P.C. §38x7 rel. to penalties added to cost for redemp-
tion of property sold for tax. i§ 'as ch.390, 20 Mr
6 Cal. Notice to mortgagee or trustee of property sold for taxes.
Adds P. C. 13769a. i§ '05 ch.409, 20 Mr
f Col. Misc. amdts. to '02 ch. 3 rel. to collection of taxes; notice of
sale; form of tax deed. 8§ '05 ch.z3z, 5 Ap
g Ct. Amdg. G.S.'o2 §2395: action to collect poll or military tax
by imprisonment may be beg^n within 3' yrs. 2§ '05 ch.34, 2 My
h Id. State Bd of Land Com'rs to pay taxes & assmts. on all lands
on which state has made loan or has acquired title by foreclosure pro-
ceedings. 2§ '05 p.377, 7 Mr
i Id. Amdg. 'ox p.333 §123: county or municipality to reimburse
holder of tax .certificate void by reason of irregularity of taxing of-
ficers. 2§ '05 p.390, II Mr
j Ind. Foreclosure of tax lien on town or city lot on which no bid
has been made at 3 successive tax sales. 4§ '05 ch. 133, 6 Mr
k Kan. Amdg. '76 ch.34 §137 as to advertising unredeemed land
omitted in previous list. Rep. '81 ch.114 §1-3 in so far as they are
inconsistent. • 2§ '05 ch.499, 7 Mr
m Elan. Amdg. G. S.'oi §4895: judgment for state or municipality
tmexecuted for 5 yrs to cease to be lien on debtor's realty. 2§
'05 ch.330, 9 Mr
n Me. Amdg. R.S.'o3 ch.9 §76: abatement of uncoUectable poll or
personal property tax. i§ '05 ch.26, 28 F
p , Me. Amdg. R.S. '03 ch. 10 : 20 days default in pa3rment by purchaser
at tax sale vests title in city or town. i§ '05 ch.27, 28 F
q Me. Amdg. R.S. '03 ch. 10 §73 : sales of real estate for taxes 2d Mon.
in July [ist Mon. in Dec.]. 2§ '05 ch.178, 24 Mr
r Mass. Amdg. R.L. ch.13 §43: land sold at tax sale to be subject
to & have benefit of all existing easements & restrictions. i§
'05 ch.193, 17 Mr
fl Mass. Amdg. R.L. ch.13 §58, 61, 75: land sold for taxes redeem-
able by pa)rment with 8% [io%] interest; Supreme Judicial Court
has jurisdiction 6 [5] yrs from sale. 3§ '05 ch.325, 21 Ap
t Mich. Amdg. '93 ch.206 §140, 142 rel. to sale of land for taxes.
Adds §i42a. 3§ '05 ch.142, 25 My
u Mich. Ai^dg. '93 ch.206 §58: county treasurer not to receive de-
linquent taxes paid in contemplation of getting back land sold to
state for taxes. i§ '05 ch.213, 13 Je
y Mioh. Amdg. '97 ch.229 §141 rel. to redemption of land sold for
taxes. i§ '05 ch.226, 16 Je
Tx Mich. Notice of sale of land to delinquent taxpayer. Adds '93
ch.206 §6ia. i§ 'oS ch.234, 16 Je
▼2 Minn. "An act to enforce payment of taxes which became delin-
quent in & prior to 1879." '^^ ch.135, 7 Mr. Unconst. in so far as
it authorizes enforcement of taxes barred by statute of limitations.
Polsom V. Whitney 104 N.W 140 (1905).
Delinquent taxes
839 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
V3 Minn. Regulating rank & priority of liens for gen. taxes & special
assmts. in city of 50,000. 2§ '05 ch.200, 15 Ap
V4 Minn. Property sold by city of 50,000 for unpaid special assmt.
redeemable on payment of tax with S% interest. 2§
*o5 ch.205, 17 Ap
V5 Minn. Amdg. '02 ch.2 §55 as to redemption of property sold for
delinquent taxes. 2 § '05 ch. 2 1 1 , 1 7 Ap
y6 Minn. City of 50,000 holding land through lien of special assmt.
may sell after redemption period has expired. 2§ *o5 ch.269, 18 Ap
V7 Minn. Time for redemption from tax sale not to expire till notice
is given as required by '02 ch.2 §47. i§ '05 ch.270, 18 Ap
v8 Minn. Notice of expiration of redemption time not to issue within
6 yrs of tax sale; certificate may be recorded after 7 yrs. i§
'05 ch. 271, 18 Ap
VQ Mo. Amdg. R.S.'99 §5604: delinquent taxes to bear interest at
12% [24%l i§ '05P.74, 6Ap
w Mo. Amdg. R.S.'99 §5643 rel. to tax suit. i§ '05 p.75, 6 Ap
wi Men. Amdg. P.C. §3895 rel. to notice to owner of application
for deed by purchaser at tax sale. 2§ '05 ch.79, 5 Mr
W2 Neb. "An act to provide for sale of lots & lands for taxes & assmts.
delinquent for 5 yrs ..." '03 ch.76, 11 Ap. UnconsU authorizes
private sale for any sum bid & allows commutation of taxes in
violation of Const, art.9 §4. City of Beatrice' v. Wright loi N.W.
1039 (1904).
W3 Neb. Amdg. '03 ch.73 §233 so as to give counties, cities & villages
right to foreclose tax sale certificates immediately after the purchase
thereof, & to prescribe rates of interest on taxes due thereon. 2§
'03 ch.ii6, 28 Mr
W4 Neb. Amdg. '03 ch.73 §212 rel. to tax lands: redemption at any
time before delivery of tax deed by county treasurer [within 2 yrs
after date of sale] ; iS% interest charge from date of purchase to date
of redemption. 2§ '05 ch.114, 4 Ap
W5 Neb. Amdg. '03 ch.73 §214 rel. to conditions precedent to secur-
ing title to tax lands. 2§ '05 ch. 11 5, 4 Ap
w6 Neb. Amdg. Ann.S.*o3 §10656 rel. to payment of costs in state
tax suit. 2§ '05 ch.118, 4 Ap
W7 N. J. Amdg. '86 ch.112 §6 rel. to redemption of property sold for
taxes by lienor or owner of estate or interest. 2§ '05 ch.2 51, 2 Je
w8 - N. J. Property may be sold for taxes 2 yrs overdue. Supplements
'86ch.ii2. 2§ '05 ch.2S5, 2 Je
WQ N. M. Enforcement of delinquent taxes on property in hands of
receiver. 3} '05 ch.64, 14 Mr
X N. M. Tax sale; fees. 2§ '05 ch.134, 16 Mr
XI N. Y. Expense of notice to redeem to be apportioned between par-
cels sold at delinquent tax sale & paid by purchaser. Adds §159 to
tax law '96 ch.908. i§ *o5 ch.278, 22 Ap
X2 N. Y. Court may dismiss suit for personal tax on terms which
appear just. Adds 1259a to tax law '96 ch.908. i§
'05 ch.348, 26 Ap
Delinquent taxes
FINANCE Sap
X3 N. Y. Amdg. tax law '96 ch.908 §151 as to contents of notice of
delinquent tax sale. i§ '05 ch.445, 16 My
X4 N. Y. Amdg. tax law '96 ch.908 §50 rel. to levjring of taxes on &
resale of real property which has been once sold for taxes. Adds
§i52a. 2§ *o5 ch.447, 16 My
X5 N. C. Amdg. *oi ch.ssS §15: notice of sale for delinquent taxes
to be served on mortgagee. 2§ '05 ch. 431, 4 Mr
x6 N. D. Amdg. R.C. '99 §1243-44 rel. to pa)rment of delinquent
personal property taxes ; collection; disposal of uncollected taxes. 3§
'05 ch.i4S, 27 F
X7 N. D. Msdr. to remove personal property from state or dispose of
same to avoid pajrment of taxes. i§ '05 ch.144, 9 Mr
x8 N. D. Amdg. R.C. '99 §1267 rel. to redemption of land sold for
taxes: payment of subsequent taxes & rate of interest thereon. 2§
•05 ch.158, 9 Mr
XQ N. D. Cotmty auditor to keep record of tax deeds; certified copy
of record to be prima facie evidence. 3§ •o5ch,i57,i3Mr
y Or. Amdg. Ann.C.& S. §3133 rel. to sale by county of land bid in
at tax sale. i§ '05 ch.145, 21 P
yi Or. Suit for delinquent tax barred in 6 yrs. 2§ '05 ch.219, 22 P
y2 S. C. Amdg. C.C. §430 -as to settlement of delinquent tax returns.
i§ , *oS ch.438, 22 F
y3 S. D. County may pay agent percentage to collect personal prop-
erty tax delinquent over a yr. i§ '05 ch.4S, 28 F
y4 S. D. Amdg. P.C. §2185 rel. to collection of delinquent personal*
taxes. 2§ 'oSch.5i,8Mr
yS S. D. Amdg. P.C. §2194-95 rel. to notice & time of tax sales. 3§
'oS ch.53, 8 Mr
y6 Tex. Redemption of land sold for taxes. i§ '05 ch.86, 13 Ap •
y7 Tex. Collection of delinquent taxes. 2§ '05 ch,i29, 17 Ap
y8 Tex. Assmt. & collection of omitted, invalidated & delinquent taxes.
8§ '05 ch.130, 17 Ap
yg Tex. Redemption of land sold for taxes. 2§ '05 ch. 132, 17 Ap
z U. Amdg. R.S. '98 §2655 rel. to disposition of estate held by coimty
under tax deed. i§ '05 ch.76, 9 Mr
zz Vt. Amdg. S. §2971: delinquent taxpayers ineligible to vote at
city, town or village meeting; tax collector to supply list of legal
voters. i§ *o4 ch.74, 8 D
Z2 Wash. Amdg. '03 ch.143 §21 rel. to collection of delinquent tax
for river improvement district. i§ *oS ch.104, 9 Mr
.Z3 Wash. Delinquent tax to be carried forward on tax book; owner
may pay current before delinquent tax but latter to be indorsed on
receipt. 2§ *o5 ch.136, 9 Mr
24 Wis. Amdg. S. '98 §1132 as to pajrment of printer for advertising
sale of land for taxes. 2§ '05 ch. 3 5, 27 Mr
Z5 Wis. Amdg. S.'98 §1133 as to compensation of printer for notice
of tax sales. i§ '05 ch.413, 17 Je
z6 Wis. Amdg. S.'98 §1 174 as to compensation of printer for publish-
ing notice of expiration of redemption of tax lands, i §
'05 ch.513, 20 Jc
BusineM taxes
830-35 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
830 Income tax
a S. C. Rep. Crim.C. §489 which forbade county auditor to dis-
close return for income tax assmt. i§ '05 ch.426, 18 F
b Wis. Referring to Leg. of 1907 amdt. to Const. 1848 art.8 §1 : Leg.
may provide for graduated income tax. '03 p.776; '05 p.992
831 Poll taxes
Se0 also 133, Suffrage; 8x6, Exemption from taxation; 37x4. Roads
a Me. Amdg. R.S.'o3 ch.io §65: no execution against body of judg-
ment debtor for poll tax. i§ '05 ch.21, 22 F
b N. M. Amdg. C.L. '97 §1549-50 rel. to poll tax. Rep. C.L.'97
§1551. 3§ '05 ch.6i, 14 Mr
c N. Y. Amdg. village law '97 ch.414 §103 rel. to collection of poll
tax. i§ '05 ch.498, 17 My
d R. I. Amdg. G.L. ch.47 rel. to demand made by collector or as-
sistant for poll tax unpaid for 30 days. i§ '05 ch.1224, 10 Ap
833 Business taxes. Revenuei license or privilege
taxes
Se0 also 84a, Incorporation taxes; 907, Liquor licenses; 1533. Regulation and licens-
ing of trades and occupations .
a Fla. Nonresident nurseryman to pay $25 license fee. 3S
*o5 ch.zo9
b Fla. Physicians & surgeons exempted from payment of license
tax. 2§ 'oS ch.iio
c Kan. Amdg. G.S.'oi §1127 rel. to license taxes in 3d class city.
2§ *o5 ch.124, 7 Mr
d Mo. Amdg. R.S.'99 §6272: city with special charter & less than
10,000 may license & tax express co. or agent. i§ '05 p. 8 2, 6 Ap
e Mo. Amdg. R.S.'99 §5978: city of 4th class may license & tax
express co. or agent. i§ '05 p. 77, 8 Ap
f Mon. Amdg. P.C. §4050 -.license fees apportioned §0% [7$%] to
county, 4S% [2$%] to state. i§ '05 ch.67, 2 Mr
g Pa. Amdg. '50 ch.442 §7: merchandise & real estate brokers
whether persons ^ firms or corp. to pay 3 % tax on receipts, i {
'05 ch.117, 14 Ap
h S. C. Amdg. C.C. §714: State Treasurer to issue duplicate [trip-
licate] receipts for phosphate tax. i§ '05 ch.495, 7 Mr
i Tex. Occupation tax on traffic in future wages. 5§
'05 ch.zix, 15 Ap
j Tex. Tax on gross receipts of certain businesses. i7§
'05 ch.148, 17 Ap
k W. Va. Rev.C. ch,32 regulating business licenses. 141 §
'05 ch.36, 24 F
835 Tax on deeds and contracts. Fees
a N. Y. Stock transfer tax of 2c on $100; stamps; penalties. Adds
art. 1 5 to tax law '96 ch.908. io§ '05 ch.241, 19 Ap
b N. Y. Amdg. Pen.C. §517: forgery in 3d degree to counterfeit or
alter state tax or revenue stamp. i§ '05 ch.242, 19 Ap
Corporation: taxes
FINANCE 836-41
336 Inheritance taxes
a Cal. Inheritance tax law. Rep. '93 ch. 168. 29§ '05 ch.314, 20 Mr
b Cal. Enforcement & discharge of collateral inheritance tax lien.
6§ '05 ch.325, 20 Mr
c Ct. Amdg.'o3 ch.63 §2 rel. to inheritance tax on estate of non-
resident decedent. i§ '05 ch.256, 19 Jl
d Me. Register of probate to prepare list of estates apparently liable
to collateral inheritance tax; collection; estates not before Probate
Court. Adds §86, 87 to R.S.'o3 ch.8. 2§ '05 ch.124, 21 Mr
e Mass. Amdg. R.L. ch.15 §16 rel. to appraisal & payment of fees in '
taxation of collateral legacies & successions, ij '05 ch. 367, 4 My
f Mass. Amdg. R.L. ch.15 §1 : bequests to or for use of city or town
exempt from inheritance tax. 2§ '05 ch.470, 26 My
g Minn. Regulating inheritance taxes. 22 § '05 ch.288, 19 Ap
h. Mon. Amdg. '9 7 p.83 §20 rel. to collection of inheritance tax. iJ
•05 ch.46, 28 F
i N. H. "An act imposing a tax on collateral legacies & successions."
22§ '05 ch.40, 8 Mr
j N. Y. Rev. tax law '96 ch.908 art. 10 rel. to taxable transfers. 2 si
'05 ch.368. 4 My
k Or. Amdg. '03 p.49 §1: bequest to or in trust for benevolent,
charitable or educcUional inst. exempt from tax. i § '05 ch. 1 7 8 , 2 z F
ki Pa. Amdg.*87 ch.37 §1: children of former husband of wife ex-
empt from collateral inheritance tax. i§ '05 ch.181, 22 Ap
3n S. B. Gen. inheritance tax law. 21 § '05 ch.54, 6 Mr
n U. Inheritance tax law. Rep.'oi ch.62. 33! '05 ch. 119, 17 Mr
p Vt. '*An act rel. to taxation of collateral inheritances & taxable
transfers." 85 § '04 ch.30, p D
q Wash. Exempting bequests for charity from inheritance tax. i\
'05 ch.93, 9 Mr
r Wash. Amdg. '01 ch.55 §13, 15 as to appraisal of estate for pur-
pose of inheritance tax; notice to treasurer of petition for probate or
letters of administration. 2§ '05 ch. 114, 9 Mr
8 "WIb. Amdg. '03 ch. 44 § I, 4: property of county or municipality
exempt from tax on transfer for county or mun. purpose. 3§
'05 ch.96, 20 Ap
^41 Corporation taxes
Including taxation by general property tax
a Cal. Annual Corp. license tax $10; exemptions. 10 §
'05 ch.386, 20 Mr
b Col. Water users' ass'n supplying members only exempt from
annual income & franchise taxes; incorp. fee $20. 3§
'05 ch. 141, 10 Ap
■c Ct. Amdg. G.S. '02 §2331: taxes paid by certain corporations
on real estate for yr ending Sep. jo [Feb. i] to be deducted from
amount of state tax. i§ '05 ch.54, 12 My
d Me. Sec. of State to prepare & publish list of corporations
delinquent in payment of franchise tax; charters suspended for
nonpayment by Dec. i, '05; reviver of charters: peialties. 2§
'05 ch.172. 24 Mr
Corporation taxes
841-43 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
cj}» Mich. Assmt. of corporations property for taxation. C.L. '97 83834.
Unconst. as to proviso taxing personalty of corporations engaged in
commerce or navigation only in city, village or township named in
articles of incorp.; violates rule of imiformity allowing corporations
to fix situs for taxation. Teagan Transp. Co. et al. v. Bd of Asses-
sors of Detroit 102 N.W. 273 (1905), City of Detroit v. Mackinaw
Trans. Co. 103 N.W. 557 (1905).
f N. H. Tax on trading stamp co. 10%; on distributor 3% gross
returns. i7§ '05 ch.83, 10 Mr
g N. J. Rep. '04 ch.2 2i which regulated licensing & taxing of foreign
Corp. i§ 'oS ch.37, 17 Mr
h N. J. Charter of corp. 2 yrs in arrears for taxes to be revoked;
procedure ; reinstatement. Supplements '84 ch. 159. 8§
'oS ch.259. 3 Je
i Pa. Penalty of $500 for failure of co. or corporations to report to
Auditor Gen for 3 tax yrs. 2§ '05 ch.121, 14 Ap
j Tex, Amdg. R.C.S. art.5243i-j rel. to franchise tax on corpora-
tions. 2§ '05 ch.19, I Mr
k Tex. "An act to define the method of computing annual franchise
tax payable by private, domestic & foreign" corporations. 2§
*os ch.72, II Ap
m Vt. Amdg. S. §382, 384 rel. to penalty for failure of officers of cer-
tain corporations to make report of stock for purposes of taxation.
2§ '04 ch.26, I D
n Vt. Misc. amdts. to '02 ch.20 rel. to taxation of corporations. 34}
'04 ch.29f 9 D
p Vt. Forfeiture of charter by corporations delinquent in payment of
license tax or unorganized for certain time after granting; excep-
tions. 2o§ '04 cli.90, 10 D
q W. Va. Rep. '03 ch.4 which authorized Atty. Gen. to bring suits
for revocation of charters of certain corporations failing to pay cor-
poration taxes. i§ '05 ch.40, 24 Ja
^ Incorporation and license fees and taxes
Set also 500. Corporations
a N. D. Amdg. R.C. '99 §2865: irrigation corporations & water
users' ass'ns exempt from incorp. fees. i§ '05 ch.67, 24 F
b S. C. Amdg. 'o4ch.269 §1, 4-5, lo-ii rel. to corporations license
fees. 6§ '05 ch.407, 13 F
c S. C. Sec. of State to collect fee of not less than $5 in addition ta
recording fee for issuing charter. i§ '05 ch.437, 22 F
d Tex. Amdg. R.C.S. '95 art, 2439: fee for charter of cemetery
Corp. not for profit; permit of foreign corporations to do business. i§
'05 ch.91, 14 Ap
843 Banking institutions
See also 1679, Banking
a Ind. National bank stock to be taxed as personalty where bank
is located; assmt,; report of bank. 2§ '05 ch.56, 28 F
b Minn. Amdg. '78 ch.i §24, 26 rel. to taxation of stock of bank or
mortgage loan co. 2$ '05 ch.6o, 23 Mr
Corporation taxes
FINANCE 843-45
c Minn. Amdg. G.S. '94 §1537 : mortgages held by national or state
bank no^ to be listed for taxation by county auditor, i §
*o5 ch.86, 30 Mr
d Mon. Amdg. P.C. §3695 rel. to taxation of private banker, broker
or dealer in stock. 2§ '05 ch.2S, 21 P
« N. J, Amdg. '03 ch.2o8 §17: national bank to furnish tax officer
sworn list of stockholders in his district. i§ '05 ch.2iz, 28 Ap
f N. J, Assmt. of bank stock; exemptions & deductions. Sup-
plements '03 ch.2o8. i§ • '05 ch.234, II My
g Wis. Taxation of bank stock; real estate owned by bank. Rep.
'66 ch.io2 §1-3. 2§ '05 ch.302, 5 Je
h Wis. Amdg. S. '98 §122 2k: trust, annuity & gfuaranty co. to pay
annual license fee of $§00 [$300] 8c 3% [2%] on net income. i§
'05 ch.442, 19 Je
544 Insurance companies
Sm also x73a. Insurance
a Cal. Amdg. P.C. §62 2a rel. to taxation of foreign insurance co.
i§ '05 ch.133, 18 Mr
b IlL Amdg. '72 p.i §13 as to taxation of personalty of domestic
life insurance co. 2§ '05 p.3S6, 18 Mf
c Elan. Property of mutual fire insurance co. in hands of treasurer
to be listed for taxation where he resides; other property at resi-
dence of sec. Amds. '85 ch.132 §13. 2§ '05 ch.276, 8 Mr
^ Mo. Amdg. R.S. '99 §8043 : tax on premiums of foreign fire in-
surance CO. to be reduced for reinsurance in domestic co. i §
'05p.172.8Ap
« N. H. Amdg. P.S. ch.169 §14 rel. to tax on gross premiums of
foreign insurance CO. : return premiums. i§ '05 ch. 109, 10 Mr
f N. Y. Amdg. tax law '96 ch.908 §187, 189 subdiv.5 as tomanner of
calctilating gross insurance premiums as basis for franchise tax ; re-
ports. 2§ *o5 ch.94, 23 Mr
% Pa. Amdg. '95 ch.289 §2: township of zst class to receive i of
tax on premiums of foreign insurance co. collected thereon. i§
'05 ch.i66, 20 Ap
h Tex. Amdg. R.C.S. '95 art.5243e rel. to gross receipts tax on in-
suranceco. 2} '05 ch.154, 18 Ap
Amended '05 ch.6 (ex. sess.), 13 My
1 Wis. Amdg. S. '98 §1219 rel. to license tax on fire & inland trans-
portation insurance co. : exceptions. i§ '05 ch.325, 9 Je
j Wis. Amdg. S.'98 §1220 subdiv.2 rel. to license fees of foreign life
insurance: to take effect Jan. i, 1908. i§ '05 ch.455, 19 Je
545 Transportation and transmission corporations
5## also zaoo. Transportation; 1283, Exemption of railroads
a Ct. Returns of railroad & street ry. for purpose of taxation. i§
'05 ch.247, 19 Je
b Ct. Electric or street ry. express corp. to file annual statement of
gross receipts & pay 2% tax; proviso. 2§ '05 ch.264, 19 Jl
C Kan. Property used in distribution of heat, light, oil or similar
commodity to be taxed where located. 2§ '05 ch. 503, 7 Mr
Corporation taxes
S45 N. Y. STATE LIBRARY INDEX OP LEGISLATION I90S
d Kan. Amdg. G.S.'oi §7530-40 as to assmt. & taxation of pipe line
CO. i2§ '05 ch.502, 8 Mr
e Kan. Assmt. & taxation of cars operated by other than railroad
, CO. 4§ 'oS ch.500, 9 Mr
f Mich. Assmt. & collection of taxes on property of railroad, car
& express co. 2i§ '05 ch.282, z6 Je
g N. H. Taxation of electric light & power plants. 5§
*o5 ch.42, 8 Mr
h N. J. Supplements '88 ch.208 rel. to assmt. & taxation of railroad
& canal property. 5§ '05 ch.91, 3 Ap
i N. B. Amdg. R.C. '99 §1313: State Bd of Equalization to assess
property of street & interurban ry. i§ '05 ch. 151, 11 Mr
j Okl. Assmt. & taxation of street car, interurban ry. & express 00.
6§ '05 ch.31 art.4, 2 Mr
k Tenn. State Tax Assessors to assess interurban & street ry. prop-
erties biennially; review by State Bd of Equalization; collection by
Compt. r9§ '05 ch.513, 17 Ap
m Tex. Rev. tax on gross receipts of railroad corp. Rep. R.C.S.'9S
art. 5049 subdiv.36. 7§ '05 ch.i4i, 17 Ap
n Tex. Taxation of intangible assets of certain public service cor-
porations. i3§ '05 ch.146, 17 Ap
p Wis. Amdg. & supplementing '03 ch.31 5 rel. to taxation of rail-
roads. i5§ '05 ch.2i6, 16 My
q Wis. Collection of license fees, penalties & forfeitures due state
from railroad co. 7§ *o5 ch.328, 10 Je
r Wis. State Tax Com'n to C9nstitute State Bd of Assmt. for tax-
ation of railroad properties. '05 ch.380, 15 Je
s Wis. State not to be liable in action by railroad co. to recover
license fees unless these were paid under protest, i §
'05 ch.43i. 17 Je
t Wis. Amdg. '03 ch.31 5 § 2 subdiv.3: grain elevators & coal docks
not used exclusively by railroad to be subject to taxation as prop-
erty of individuals. i§ '05 ch.427, 19 Je-
• u Wis. Amdg. S.'98 §i2 2sd as to license tax on street ry. & elec-
tric CO.: 5% [4%] tax on annual gross receipts over $400,000 [$500.-
000]; 2^% [2%] on receipts under $400,000 [$500,000]. i\
'05 ch.437, 19 Je
V Wis. Railroad & street ry. corp. officers & employees not excused
from producing evidence or giving testimony in actions by state to
recover license fees, taxes, penalties or forfeitures; witnesses to be
immune from prosecution; secondary evidence. 3§ '05 ch.447, 19 Je
w Wis. Powers of State Bd of Assmt. in assmt. & taxation of ex-
press, sleeping car, freight line & equipment co. 6§
'05 ch.477, 20 Je
X Wis. Taxation of railroad co. in lieu of unpaid license fees; col-
lection. 4§ *o5 ch.478, 20 Je
y Wis. Amdg. S.'98 §1038 subdiv.27, §i222a rel. to license fees on
gross receipts of telephone co. 4§ '05 ch.488, 20 Je
z Wis. Taxation of street ry. co. & electric co. operated in connec-
tion with street ry. Rep. sundry laws. 32! '05 ch.493, 20 Je-
Budget. Accounts
FINANCE ^6-55
zz Wis. Taxation of telegraph co. Rep.S/98 §1216-18, 1038 subdiv.
15. 29§ '05 ch.494, 20 Je
846 Mining
a Mimu Mineral, gas, coal, oil & similar interests owned independ-
ent of title to land to be taxed separately, zj '05 ch.i6i, 13 Ap
b Nev. Referring to Leg. of 1905 amdt.to Const. 1864 art. 10 (i:
proceeds only of unpatented mines & mining claims to be taxed;
patented mines to be assessed at $500 or more; exception.
'03 p.240, 20 Mr; repassed '05 p.a77, 3 Mr
c Nev. Patented mine to be placed on coimty assmt. roll. z§
'05 ch.sS, 4 Mr
d Nev. State license & btillion tax agent; to be appointed to ex-
amine county tax returns & inspect books of mining corp. for tax-
ing purposes. 9§ '05 ch.127, IS Mr
849 Budget
5## also 3575* Local finance
a Id. Submitting amdt. to Const. 1889 art. 7 §9: state tax rate on
real & personal property limited to 1% of assessed valuation [maxi-
mtun rate graded according to total valuation] except on majority
vote at gen. election. Vote Nov. 1906. a§ '05 p.441, 2 Mr
b Ind. Amdg.'95 ch.139 (z, 4 rel. to tax levy for gen. fund & state
sinking fund. '05 ch.zos, 4 Mr
c Neb. Rep. '03 ch.74 which limited annual state tax levy to 7 mills.
z§ '05 ch.z23, 4 Ap
953 AccountSi methods generally. Collection of moneys.
Warrants
5m tUso 3575. Local finance
a W. Va. Amdg.'o4ch.z6 §4: msdr. for ofRcial to expend public
moneys or incur obligations without authority; forfeiture of ofHce in
addition to personal liability. z§ 'o5ch.56,zzP
854 Collection of state claims and revenue
a " CaL Amdg.*99 ch.93 §z rel. to payment of state money to State
Treasurer. i§ '05 ch.g28, 20 Mr
b Fla. Creating Bd of Com'rs to examine & report on money paid
by U. S. in settlement of Indian War claims. 3§ '05 ch.8o, 5 Je
855 Claims against state
a Id. Amdg. '99 p. 24 §3: claims against state not to be acted on
unless receipted vouchers [for amounts exceeding $5] be filed with
claim. 2$ *os p.365, 9 Mr
b Mass. Amdg. R.L. ch.2oz §1-2 rel. to prosecution in Superior
Court of Claims against state. 2§ '05 ch. 370, 4 My
c H. Y. Amdg. county law '92 ch.686 §12: coimty may sell judg-
mtot against state recovered in Court of Claims to State Compt. or
to individual. z§ '05 ch.244, 20 Ap
d H. Y. Amdg.C.C.P. §264 as to filing of notice of intention to sue
in Court of Claims; canal claims. z§ '05 ch.370, 4 My
e Vt. Rev. '02 ch.38 rel. to Court of Claims. Rep. '02 ch.39. i4§
'04 ch.65, 7 D
Accounts
856-57 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
856 Ezamination and audit
a Del. Joint leg. committee to audit accounts of certain state officers,
also of clerks of Senate & House of Representatives; $1000. 6§
'05 ch.58, 16 Mr
b Fla. Gov. to appoint assistant State Auditor; msdr. for state or
coimty officer to refuse to submit books for inspection. $§
'05 ch.78, 29 My
c Id. State Insurance Com 'r to be State Examiner ; to enforce uniform
system of bookkeeping by state & county officers; investigate stand-
ing of official bondsmen; & securities held by cotmty officers;' an-
nual report to Gov. 2o§ '05 p. 386, 7 Mr
d Kan. Amdg. '95 ch.247 rel. to appointment, qualifications & duties
of State Accotmtant; term 2 [4] yrs; salary ^2000 [$1500]. 13 §
*o5 ch.490, 15 F
6 Kan. Gov. may employ expert accountants & attys. to investi-
gate fully state dep'ts; $15,000. 9§ '05 ch.491, 15 F
f Me. State & county officers to render itemized bills. i§
'05 ch.49, II Mr
g Minn. Method of audit of claims on certain state funds. 3§
'05 ch.96, 31 Mr
h N. H. Bills of state officers & employees to be certified under oath.
i§ *o5 ch.78, 9 Mr
i N. C. Amdg. C. §3360, '99 ch.54 §3, 5, 82 rel. to exam, of accounts
of State Treasurer & Com'r of Insurance. s§ '0$ <h 430, 4 Mr
j N. D. Amdg. R.C.'99 §137 rel. to exam, of accounts of public
officers by State Examiner. i§ '65 ch. 171, 6 Mr
k Or. Persons handling or controlling state property to accoimt
monthly. 2§ '05 ch.138, 21 F
m U. Amdg. R.S. '98 §2421: State Auditor to inspect a^ least once
a yr [at his discretion] books of persons handling public money. i§
*o5 ch.i2, 20 F
n Vt. Amdg. S. §320 rel. to exam, of reports & records of auditor, ij
'04 ch.2i, 16 N
p Vt. Amdg. '96 ch. 1 23 §6: accounts of various com *rs & members
of state bds to contain receipted bills as vouchers ; exceptior 8 i §
'04 ch.171, 9 D
q Vt. Amdg. S. J3 28-29 rel. to settlement of accounts of certain state
officers & officials of various state institutions. 2§
'04 ch.23 §1, 2, 10 D
857 Financial officers
5«# also 55, State examiner; 3588, Local finance
a Ct. Amdg. G.S.'o2 §30 rel. to Bd of Control: Atty. Gen. added to
bd; bd may increase appropriation for necessities of state dep't while
Leg. not in session; total expenditure limited to $150,000; report. i§
•oS ch.197, 29 Je
b Ct. Amdg. G.S.'o2 §30: deputy compt. to be clerk of Bd of Con-
trol. i§ '05 ch.263, 19 Jl
c N. M. Amdg. C.L.'97 §2608: auditor & treasurer to give bond of
$3000 [$4000] each. 2§ '05 cj;i.69, 14 Mr
Accounts
FINANCE 858-63
858 State auditor. Comptroller
ft Ari. Amdg. R.S.'oi §107 rel. to appointment of substitute during
disability of auditor. 3§ '05 ch.33, 16 Mr
b Cal. Amdg. P.C. §439-41 rel. to employees of Compt.'s office; sal-
aries deputy $2^00 [$2400]; expert accountant $2000. 4§
•05 ch.581, 22 Mr
c Mass. Amdg. R.L. ch.6 §14 rel. to clerical assistance for State Aud-
itor. i§ '05 ch.149, 9 Mr
d Nev. State Compt. & ex officio Insurance Com'r may employ
typewriting clerk; salary $75 a mo. 2§ '05 ch.S3, 9 Mr
e Nev. Salary of deputy State Compt. $1800 ; to act as clerk of State
Printing Com'rs. 2§ . '05 ch.56, 14 Mr
f N. Y. Amdg. state finance law '97 ch.413 §4 subdiv.6 rel. to annual
report of State Compt. to Leg. i§ '05 ch.504, 17 My
g Vt. Amdg. '00 ch.ii: auditor may expend ^2500 [$500] per an-
num for clerical assistance. i§ '04 ch.23 §3, 10 D
859 State treasurer
a Del Annual contingent fund of State Treasurer, $200. i§
'05 ch.6s, 3 Ap
b Mass. Amdg. R.L. ch.6 §4: salary of assistant bookkeeper in dep't
of Treasurer & Receiver Gen. $1^00 [$1200]. 2§ '05 ch.272, 6 Ap
c Neb. State to pay premium on State Treasurer's bond when ex-
ecuted by approved surety co.; premium limited annually to J % of
penalty stated in bond; $5000. 3§ '05 ch.209, 29 Mr
d N. D. Amdg. R.C. '99 §118: official bond of State Treasurer, $500,-
000 [$250,000] to be paid by state. i§ '05 ch.56, 14 Mr
e Pa. Salariesofclerical force of state treasury, 2§ '05 ch. 59, 31 Mr
f Wis. Amdg. S. '98 §153: State Treasurer may give bond of surety
CO. for performance of duties; cost not over }% on amount of bond
to be paid by state. 3§ '05 ch.271, 27 My
860 Fiscal year
a Mass. Fiscal yr to end Nov. 30. Amds. R.L. ch.6, 84 §7; rep.
R.L. ch.6 §27, ch.9 §5. i3§ '05 ch.2ii, 23 Mr
b U. Fiscal yr Dec. i-Nov. 30 [Jan. i-Dec. 31]; preparation & filing
of accounts & reports. Amds. R.S.*98 §2592. 4§
'05 ch.28, 3 Mr; *o5 ch.82, 9 Mr
86 z Funds. Investments
a Id. State Treasurer & State Auditor to transfer surplus of special
& temporary funds to gen. fund. 2§ '05 p. 2 19, 6 Mr
b Wis. Taxes collected on levy of State Bd of Assmt. & paid
into gen. ftmd to be used for expenses of state & state institutions.
a8 '05 ch.387, 17 Je
86a Reports
a S. C. Sec. of State before loth of each mo. to report collection
of fees & funds to Compt. Gen. 2§ '05 ch.4S5, 18 F
863 State institutions
a Ind. *Inst. receiving state money to report as Gov. may require
within 6 days after gen. election in Nov. i§ '05 ch.64, 2 Mr
Debts. Bonds
863-67 K. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
b Mass. "An act rel. to accounts of certain state institutions."
Rep. R.L. ch.87 §127-29. 4§ '05 ch.175, 14 Mr
c Vt. Auditor to bring to attention of Gov. items in accounts for
supplies of state inst. or laboratory of hygiene which appear exces-
sive. i§ '04 ch.162, 9 D
d Vt. "An act rel. to payment of appropriations to & purchase of
supplies by state institutions." 2§ '04 ch.i6i, 10 D
864 Warrants. Checks
a N. M. Amdg. C.L.'97 §401, 403, 2605 rel. to listing & destruc-
tion of paid warrants. 3§ '05 ch. 71, 14 Mr
b Wis. Checks or drafts on state void on nonpresentation for 2 yrs;
cancelation & issue of new warrants; recovery of money placed with
state depositories for payment of checks or drafts. 5§' o5ch.473,2oJe
865 Debts. Bonds
Set also 3597. Local finance
a Cal. Submitting amdt. to Const. 1879 art. 11 by adding §13^:
public bond may be made payable in any place in U. S. Vote Nov.
1906. i§ '05 p. 1067, 10 Mr
' b Ifass. "An act to authorize Treasurer & Receiver Gen. to issue
bonds & script on serial payment plan for benefit of metropolitan
districts." Amds.'o3 ch.226 §3. i§ '05 ch.169, 14 Mr
C N. H. Amdg. P.S. ch,i6 §6: State Treasurer under direction of
Gov. & Council may borrow for state to meet lawful demands; total
not to exceed $300,000 [$5S,ooo] per annum. i§ '05 ch.82, 9 Mr
d N. Y. Submitting amdt. to Const. 1894 art. 7 §4 by adding §11:
Leg. may pay from funds in treasury sinking fvmd charges, interest
& principal of debts heretofore & hereafter created ; if other funds
suffice, no direct annual tax need be imposed. Adopted Nov. 1905.
'02 p.1801, 12 Mr; '03 p.1451, 22 Ap
e W. Y. Amdg. Const. 1894 art. 7 relating to creation & pa3rment
of state debts: direct annual tax to be levied to pay annual interest
charge, & principal within §0 [formerly 18] jrrs from date of con-
traction. Adopted Nov. 1905. '03 p. 1454, 22 Ap; '05 p.2139, 4 Ap
f N. Y. "An act to authorize acceptance by state of gifts, bequests
& assignments of bonds, warrants ... or other obligations of
any other state & to enforce collection thereof." 2§
*o5 ch.388, 16 My
g W. C. Provision for settlement of South Dakota judgment &
Western N. C. Railroad construction bonds held by Schafer Bros,
bond issue of $250,000 authorized. 6§ 05 ch.543, 6 Mr
h N. D. Issue of 20 yr 4% revenue bonds, series of 1905, to amount
of $150,000. 6§ '05 ch.55, 7 Mr
i Tenn. Amdg. '83 ch. 84: bonds & scrip issued prior to Mar. ao,
1883 & not presented for funding by Jan. i, 1907 to be barred; pro-
viso. i§ '05 ch.393, 14 Ap
S67 Temporary debt
a Web. State Bd of Equalization to levy annual mill tax for pay-
ment of registered outstanding warrants; redemption. 55
'05 ch.i2o, 4 Ap
PUBLIC ORDER
868 Deposits and depositories
Set also a6oo. Local finance
a An. Amdg. R.S.'oi §1131, 3770-71, 3773. 3775*77 rel. to public
money & depositories. Rep. §3779. io§ '05 ch.s6, 16 Mr
b Cal. Deposit of state money in bank; bids; security; certificates
of deposit. 8§ '05 ch.308, 20 Mr
c Cal. Submitting amdt. to Const. 1879 art. 11 by adding §i6j:
regulating public depositories; security; apportionment. Vote Nov.
1906. i§ '05 p.io6a,7 Mr
d Id. Regulating deposit of state moneys in state & national
banks; banks to pay 2% interest; security of fvmds; investigation
of bonds & sureties. ii§ '05 P.30S, 11 F
e Kan. Amdg. G.S.'oi §446 as to security by bank for deposit of
state money. i§ '05 ch.69, 4 Mr
f Kan. Amdg. G.S.'oi §7629 rel. to state funds & depositories.
Rep. G.S.'oi §7630-31. i9§ '05 ch.471, 4 Mr
g Minn. Amdg. '01 ch.140 § 4 rel. to security required of statq de-
pository. i§ '05 ch. 198, IS Ap
h Web. Amdg. Ann. S. '03 §10867,10872 rel. to state depositories:
depository bonds to be renewed for each official term. 3§
'05 ch.151, 27 Mr
i If. H. Amdg. '03 ch. 1 25 §1: interest on certain public money to
be deposited in state treasury for use of state [distributed to towns
& cities]. i§ '05 ch.68, 9 Mr
j If. Y. Amdg. state finance law '97 ch.413 §8, 62 : state or canal fund
depository may deposit N. Y. state bonds in lieu of surety undertak-
ing. 2§ '05 ch.372. s My
k W. C. Regulating state depositories & withdrawal of public funds.
6§ ' 'oS ch.520. 6 Mr
m W. D. Amdg. R.C.'99 §237 rel. to state depositories: amount
deposited not to exceed §0% of paid-up capital & surplus [assessed
value of capital stock]. 2§ '05 ch.173, 11 Mr
n W. D. State Examiner to inspect national banks designated as
state depositories; withdrawal of state funds on refusal to allow in-
spection. 2§ '05 ch. 1 7 2, 13 Mr
p Okl. Amdg. 'o3ch.4§4: territorial & county depositories ; national
banks; deposit of securities required to qualify as depository. i§
'05 ch.7 art. 2, 4 Mr
q Okl. Territorial depositories. Rep.'oi ch.4 §26. 4§
'05 ch.30 art. I, 13 Mr
r Pa. State Treasurer may demand collateral security from state
depository additional to that required by law, i§ '05 ch. 131, 17 Ap
6 Tex. State, county & city depositories. 41 § '05 ch.164, i My
^ Public order
5#* also 234t Crimes and offenses; X33a, Railroads; 1374. Street railways
«72 Police
S^afso 206, Detectives; 1334, Railroads; 1374. Street railways; 1817, Navigation
PoUce
873-76 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
873 Peace officers
Se0 also 344, Impersonating officer; 245, Interference with officer; 663, Constable;
691. Sheriff
a Del. Gov. may, on petition, appoint special constable with power
of cotinty constable, for protection of property at petitioner's expense.
7§ '05 ch.67, 29 Mr
b Ifass. Amdg 04 ch.433 §1: salary of chief fire inspector of detec-
tive dep't of district police $1800 [$1500]. 2§ ' '05 ch.461, 25 My
c IWis. Amdg. S.'gS §819: bd of supervisors may appoint policemen
in xcym. containing camp meetings for moral, religious or educational
purposes. i§ '05 ch.306, 5 Je
874 State and county police
a Mass. Police officer detailed to command steamer Lexington to
rank as captain; salary $1800. i§ '05 ch.365, 2 My
b N. M. Organizing company of mounted police. i5§ '05 ch.9, 20 F
c Pa. Creating Dep't of State Police; to consist of sup't & state
police force of 4 platoons. ;§ '05 ch. 2 2 7, 2 My
d S. C. Amdg. C.C. §661 : salary of State Constable $2.50 [$2] a day.
i§ '05 ch.470, I Mr
875 Municipal police
a ni. Amdg. '72 p. 218 art. 11 §11-12 as to appointment & duties of
village marshal. 2§ '05 p. 11 2, 11 My
b N. H. Gov. with consent of Council to appoint bd of police com'rs
for city of Keene. io§ '05 ch. 153, 31 Ja
c N. H. Gov. with consent of Coimcil to appoint bd of police comr's
for city of Berlin. 8§ '05 ch.i6o, 9 F
4 N. H. Police com'r appointed by Gov. not disqualified to hold
other state or coimty office. 2§ 'o5ch.28,22F
■c N. J. Amdg. '89 ch.257 §1 rel. to salaries of police force in cities
other than seaside resort; inoperative till accepted by voters. 5§
'05 ch.70, 30 Mr
"f N. J. Mayor of 2d class city imder 100,000 may appoint police
com'n of 4 ; not more than 2 to belong to same political party. Sup-
plements '85 ch.2So. i§ 05 ch.76, 30 Mr
-g N. D. Providing police for unorganized town or village; proced-
ure. 7§ '05 ch.185, IS F
±L Pa. Amdg. '85 ch.33 art. 3 §1 : removal of policeman or fireman of
I St class city by decree of court not effective till written notice has been
given to Director of Public Safety & approved. 4§ '05 ch.242, 5 My
i Vt. "An act rel. to chiefs of police"; where not provided for in
city or village charter. s§ '04 ch.8o, 14 N
876 Pensions
a Me. An act rel. to pensioning members of police dep*t of city of
' Bangor. 4§ '05 private laws, ch.349, 21 Mr
b Minn. Amdg. '03 ch.iS9 §1: city of 50,000 [in county of 150,000
-225,000] may create police pension fund; city treasurer to be cus-
todian. 4§ . *o5 ch.109, 5 Ap
c Minn. City of 50,000 with police pension fund may pay retired or
.disabled police matron $25 a mo. 4} '05 ch.184, 15 Ap
d N. Y. Amdg. '98 ch.182 §185 rel. to management of police pen-
sion funds in 2d class city. 2§ '05 ch.444, 16 My
Police regulatioiiB
PUBLIC ORDER 877-78
877 Miscellaneous police regulations
Sf0also2s6, Crimes asainst public order and security: 264. Crimes against public
moralsandthe family; Z065. Nvusances; 1090, Public safety; 973a, Roads
879 Amusements
Relating chiefly to restricted amusements
88x Billiards. Bowls etc.
a Fla. Amdg. '03 ch.i §36: license tax for billiard & pool tables dis
C9nnected with barroom, $10. i§ '05 ch.8, 11 My
b Minn. Amdg. G.S. '94 §1224 subdiv.15: village incorporated imder
S.'94 §1200 may license or prevent keeping of pool tables & all othtr
games & devices. i§ '05 ch.138, ir Ap
c If. D. Minors under 18 not to be allowed or employed in pool,
billiard, bowling or card rooms. 3§ '05 ch.137, 24 F
d Pa. Msdr. for owner of poolroom or bowling alley to knowingly
allow minor under 18 to frequent. 2§ '05 ch. 15 3, 18 Ap
e Tex. Msdr. to allow minor to frequent billiard of pool hall or bowl-
ing alley without consent of parent or guardian. i§ '05 ch.75, 11 Ap
f Vt. Amdg. S. §4869 owner of pool or billiard room or bowling
alley not to allow minor to play or frequent place of play, without
written consent of parent [if requested in writing not to allow]. i§
'04 ch. 147, I D
883 Gambling. Lotteries. Betting
See also 1507. Speculation
a 111. Prohibiting policy playing; possession of article used for game
presumptive evidence of guilt. 3§ '05 p. 192, 29 Ap
b Kan. Amdg. G.S.'oi §2247 rel. to testimony of participant in
prosecution for gambling; perjury. 2§ '05 ch.209, 4 Mr
c Me. Amdg. R.S.'o3 ch.126 §1, 11-12 rel. to gambling: punish-
ment; apprehension of offenders; destruction of implements. 3§
'05 ch.105, 21 Mr
d Ifcv. Amdg. '79 ch. 1 10 §7 rel. to location of licensed gaming
place. i§ . '05 ch.50, 13 Mr
e Ifev. Amdg. *oi ch.13 §1,4: license fee of $20 a quarter to oper-
ate nickel-in-the-slot or similar machine; not to be in view of street
or used by minor. 3§ '05 ch, 5 2, 15 Mr
f If. Y. Society prosecuting policy player to receive fine. i§
'05 ch.163, 8 Ap
g Tex. Penalty for keeping gaming house. i§ '05 ch.22, 3 Mr
h Tex. Injunction may be granted against use of building for gam-
ing. 3§ '05 ch.153, 19 Ap
i Wis. Groveming bodies of municipalities may prohibit gambling
& destroy gambling devices & equipment. Adds S. '98 §959 subdiv.
71. i§ '05 ch.270, 27 My
885 Lotteries
a Ct. Club for sale of property by chance prohibited; penalty. i§
'05 ch.205, 29' Je
887 Poolselting, bookmaking etc.
a Kan. City of 3d class may prohibit poolroom ^^'ithin city limits.
2§ '05 ch.125, 4 Mr
PoUce]. lesitktions
887-96 N. Y. STATE LIBRARY INDEX OF LEGISLATION 190S
b Mo. Rep. R.S. 99 ch. 105 art. 2 licensing poolselling & bookmaking at
state fair. i§ '05 p. 304, 10 Mr
c Mo. Penalty for bookmaking & poolselling. 3§ '05 p. 131, 21 Mr
d Tenn. Penalty for gambling on races. Rep. C.'96 §4881. 5§
'05 ch.82, 27 Mr
e Tex. Amdg. & supplementing '03 ch.50 rel. to betting on horse
race: Sunday racing; poolselling. Adds §4, 5. 'o5ch.i6s,2My
893 Shows. Theaters. Exhibitions
a Cal. Msdr. to sell ticket to place of amusement for more than
original price. Adds Pen.C. §526. i§ '05 ch. 140, 18 Mr
b Cal. Rep. Pen.C. §306 which prohibited exhibition of female in
public place where intoxicant is sold or used. i§ 'o5ch.5oi,2iMr
c Mass. Amdg. R.L. ch. 102 § 172: mayor [aldermen] of city to
license theatrical exhibition, public show or amusement. i§
'05 ch.341, 26 Ap
d Or. Msdr. to exhibit h3rpnotized subject. i§ 'o5ch.i97,3iP
€ R. I. Sheriff or deputy may enter exhibition, performance etc.
in performance of duties; penalty for obstructing officer. Adds G.L. .
ch.103 §8, 9. 2§ '05 ch. 1 249, II My
I Vt. Penalty for unlicensed circus performance. Supplements S.
§4873- 3§ •o4ch.i48, 7D
895 Cruelty to children and animals
a Cal. Incorp. & powers of societies for prevention of cruelty to chil-
dren and animals. Adds C.C. div.i pt 4 t.i2a. 8§ '05 ch.434, 21 Mr
b Minn. Minn. Society for Prevention of Cruelty to be State Bureau
of Child & Animal Protection, on acceptance of conditions by soc; an-
nual report to Sec. of State. 6§ '05 ch.274, 18 Ap
c Mon. Reorganizing Bureau of Child & Animal Protection. Rep.
'03 ch.115 §1-8. II § *oS ch.96, 4 Mr
d N. Y. Amdg. membership corp. law '95 ch.5S9 §7 as to consoli-
dation of Soc. for Prevention of Cruelty to Children or Animals.
i§ '05 ch.663, 31 My
896 Cruelty to animals
See also 2302, Teaching of humane treatment of animals
a Cal. Amdg. '74 ch. 3 40 §1: Soc. for Prevention of Cruelty to
Animals may hold personalty & real estate yielding annual income
of $10,000. i§ '05 ch.389, 20 Mr
b Cal. Cruelty to animals; overdriving or loading; fighting; torture;
impotmding without food or water; docking; abandonment; killing
when unfit for work. Amds. Pen.C. §597; adds §597a-f, 599a-e i2§
'05 ch.si9, 21 Mr
c Col. Railroad employees to care for animal injured while on tracks
& notify Stock Inspection Com'rs. 2§ *oS ch.121, 6 Ap
d Col. Rep.*99 ch.93 so far as it prohibited importation of docked
pure bred stallions & mares for breeding or exhibition purposes only.
i§ '05 ch.98, 10 Ap.
€ Col. Unlawful to cause animals to fight or to release for hunting
or shooting; wilful spectator guilty as principal. 3§ '05 ch.99, 11 Ap
f 111. Msdr. to use live bird as target. i§ *o5 p.4, 7 Ap
Police regulations
PUBLIC ORDER 896-903
g Ind. Amdg/89 ch.2o8 §7: act rel. to cruelty to animals to apply
to doves & pigeons. i§ '05 ch.78, 3 Mr
h Me. Amdg. R.S/03 ch.125 §48: officer of Soc. for Prevention of
Cruelty to Animals may kill when past recovery from lack of food,
water or shelter. i§ *o5 ch.70, 15 Mr
i Me. Amdg. R.S.'o3 ch.125 §53 rel. to compensation of officers en-
forcing law against cruelty to animals. i§ '05 ch.107, 21 Mr
j Me. Amdg. R.S.'o3 ch.125 §51; keeping or leaving sheep on bar-
ren island. i§ '05 ch. 1 13, 21 Mr
k Mich. Amdg. '01 ch.45 §1 rel. to docking horse's tail: lawful upon
certificate of veterinary surgeon. i§ '05 ch.322, 20 Je
m Mon. Amdg. Pen.C. §1091 rel. to penalty for abandoning dis-
abled animal. 2$ '05 ch.3S, 25 F
n Neb. Amdg. Ann.S.'o3 §2129: msdr. to abuse or torment domes-
tic animal. 2§ '05 ch.i8s, 30 Mr
p N. H. Pines for cruelty to animals imposed under P.S. ch.267 to
go to soc. prosecuting. '05 ch.24, 16 F
q N. M. Msdr. to give or participate in cattle-roping exhibition. 3§
'oS ch.32, 3 Mr
r N. M. Person violating C.L. '97 §1133-34 rel. to cruelty to ani-
mals may be arrested by any witness of act. *oS ch.94, 16 Mr
8 N. Y. Membership corp. for prevention of cruelty to animals may
change location of main office; procedure. Adds §73 to membership
corp. law '9S ch.559. i§ '05 ch.271, 22 Ap
t Okl. Vivisection prohibited in public schools. i§
'05 ch.33 art. 1 2 §3, 4 Mr
u Okl. "An act for prevention of cruelty to animals." 9§
'05 ch.13 art. I, 13 Mr
V Or, Msdr. to use live pigeon for target. i§ 'o5ch.76,i3F
w S. C. Amdg. Crim.C. §631 : deputy to be appointed in each town-
ship to prosecute for cruelty to animals; to have J fines. i§
•05 ch.47S, 9 Mr
X Tex. Msdr. to engage in roping contest. i§ '05 ch.49, 29 Mr
y Wis. Amdg. S.'98 §4445: penalty for death of animal caused by
cruelty or administering poison. i§ '05 ch. 2 13, 16 My
900 Intoxicating liquors. Narcotics
See also 998, Adulteration
a N. H. Amdg. '03 ch.95 rel. to liquor traffic; power of special agents ;
restricted locations; license fees; druggists; sale of license by admin-
istrator; power of license bd; compulsory attendance of witnesses;
fees; penalties. 2o§ '05 ch.49, 9 Mr
b N. C. Rep. '03 ch.349 which restricted liquor traffic, except as ap-
plied to Cleveland, Cabarrus, Mitchell & Gaston counties. 2§
'oS ch.361, 2 Mr
c Vt. Rev.*o2 ch.90 regulating traffic in intoxicating liquor. ii6§
*04 ch.iis, 10 D
902 Prohibition
a Me. Enforcement of prohibitory law : enforcement com'n ; special
attys. i2§ *oS ch,9a, 18 Mr
Police regulations
902-7 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
b Tex. Msdr. to solicit or receive orders for sale or delivery of liquor
in prohibition district. i§ 'oS ch.159, 18 Ap
c Tex, Msdr. to ship liquor to prohibition district without marking
contents of package; carrier to record arrival of package at destina-
tion & if unclaimed for 7 days to retvim to shipper. 3§
*o5 ch.i6o, 18 Ap
903 Dispensaries
a N. C. Amdg.'o3 ch.233 §14: record of sales to be kept by dispen-
sary in discretion of dispensary corners; msdr. to purchase liquor for
person forbidden by com'rs to use same. Adds §i9a. 2§
*o5 ch.458, 6 Mr
b S. C. Amdg. Crim.C. §562 : county bd may fill vacancy in office
of county dispenser as soon as it deems necessary. iS
'05 Ch.427. 22|^F
c S. C. Joint Leg. com'n of 3 to investigate state dispensary. 9§
'oS p.I220
904 Local option
a Minn. Election to decide local option as to liquor traffic in village
of 2000. 2§ *oS ch.io, 14 Mr
b N. Y. Amdg. liquor tax law '96 ch.112 §16, 23, 28, 34, 36: local
option; persons who shall not traffic in liquor; cancelation of license;
convictions; county clerk's reports & fees. 5§ *o5 ch.68o, i Je
c S. D. Amdg P.C. §2837: license to sell intoxicating liquor to be
granted only on majority vote at last gen. election. 2§
*oS ch.124, 8 Mr
d Tex. Amdg. R.C.S.'95 art. 3393 rel. to when second local option
election on sale of liquor may be held. i§ '05 ch.158, 18 Ap
907 Liquor licenses
a Ct. Amdg. G.S.'o2 §2657 rel. to publication of application for
liquor license. i§ '05 ch.30, 2 My
b Ct. Amdg. G.S.'o2 §2649 ^®1- ^^ payment of portion of liquor
license fee to county & town treasurer: exception. i§ '05 ch.40, $ My
c Ct. Amdg. G.S.'o2 §2734 rel. to attachment of liquor license. i§
*oS ch.io6, 25 My
d Ct. Amdg. G.S.'o2 §2660 as to time of filing notice of appeal from
grant or refusal to revoke liquor license. i§ *o5 ch.iSo, 21 Je
e Ct. Amdg. G.S.'o2 §2650 rel. to annual report of coimty com'rs
on liquor licenses granted. i§ *oS ch.260, 19 Jl
f Fla. In coimties voting to discontinue license amotmt of tmex-
pired license to be refunded to. licensee. 2§ '0$ ch.108, i Je
g Ind. Amdg. '95 ch.127 §9 rel. to local remonstrance by majority
of voters against granting liquor licenses; forms. i§ '05 ch.6, 15 P
h Mass. Amdg. R.L. ch.ioo §20 as to reftmd of portion of liquor
license fee where licensee dies before expiration of term, i §
'05 ch.2o6, 33 Mr
i Mass. "An act rel. to storage of intoxicating liquor by persons
holding 4th or 5th class license." i§ 'oS ch.a84, 13 Ap
j Minn. License to sell intoxicant in lots of $ gal. to other than
licensed saloon keeper, druggist or physician to be issued only on peti-
tion of 100 legal voters 8c fee of not less than $500 annually. 3}
'05 ch.34(J, ao Ap
Police regulations
PUBLIC ORDER 907-XI
k Mon. Liquor license where population is less than 100. 4 §
'05 ch.71, 3 Mr
m Mon. Amdg. P.C. §4063 rel. to liquor license fees. 2§
'05 ch.82, 3 Mr
n Neb. Amdg. Ann.S. '03 §7155-56: $5000 bond with i surety where
an approved surety co. or 2 persons required, for issue of liquor
license; limitation of sureties. 3§ ' '05 ch.92, 35 Mr
p Nev. Amdg. '91 ch.99 §124: saloon emplojring women must pay
$500 [$5000] a quarter license tax; f to county, J to state. i§
'05 ch.107, 15 Mr
q Nev. Providing for state liquor licenses; form; fees; penalties.
Supplementing '91 ch.99. 9§ '05 ch.128, 15 Mr
r N. J. Amdg. '92 ch.'75 §1: city of ist class to publish name of
applicant for liquor license in 1 or more newspapers. 2§
'05 ch.105, 6 Ap
8 N. J. City hotel may secure liquor license without providing sta-
bling & provender for beasts. Supplements '02 ch.107. i§
'05 ch.270, 7 Ag
t N. Y. Amdg. liquor tax law '96ch.ii2 §17, 24 rel. to obtaining &
filing of consents to issue of new liquor license after revocation. 3§
'oS ch.677, I Je
u Wash. Local liquor license invalid till indorsed with state receipt
for fee. 2§ *o5 ch.122, 9 Mr
V Wis. Amdg. S.'98 §1548 rel. to liquor licenses in towns, cities &
villages. 3§ '05 ch.£o, 20 Mr
go8 Excise boards
a Mo. Amdg. R.S.*99 §3019, 3026 rel. to appointment, duties & sal-
ary of Mun. Excise Com'r. i§ '05 p. 142, 24 Mr
9x0 Regulations and restrictions
See also 149, Election offenses; 998, Adulteration
a N. C. Amdg. '03 ch.233 §1, 4, 19: liquor not to be manufactured
or rectified in municipality under 1000; town where liquor is manu-
factured or sold to have 2 policemen ; weekly inspection of distilleries ;
reports. Adds §20-21. 7§ '05 ch.339, i Mr
b Tex. Msdr. for persons storing liquor for others to permit it to be
drunk on premises. i§ '05 ch.64, 5 Ap
c Wis. Prohibiting presence of girls under 17 unaccompanied by
pa'rent at dances in or near saloons. Adds S. '9 8 §1557 a. i§
*oS ch.103, 22 Ap
gxz Minors. Persons to whom prohibited
a Cal. Msdr. for other than parent or guardian to supply minor under
18 with intoxicant or to allow him to visit place where same is sold.
Adds Pen.C. §397b. i§ '05 ch.si4, 21 Mr
b Fla. Prohibiting sale or gift of liquor to Indians; proviso. 2§
'05 ch.72, 24 My
c Ind. Msdr. for owner of place of entertainment where liquor is
sold to allow boy under 16 or girl tmder 17 to frequent. i§
'oS ch.99, 4 Mr
Police regulations
9IX-X3 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
d Minn. Msdr. to knowingly furnish liquor to paroled prisoner. 2{
*o5 ch.72, 24 Mr
e Mo. Amdg. R.S.'pp §2995, 3009, 3013, 3015 as to sale of intoxi-
cant to minor. 4§ '05 p. 140, 20 F
f Mon. Amdg. Pen. C. §541 as to sale of intoxicant to minor. 2§
'05 ch.17, 16 F
g Or. Prohibiting sale of intoxicant to female under 21 or the fre-
quenting by such female of place where same is sold ; exceptions, i §
*oS ch.198, 21 F
h Wash. Amdg. Ballinger's Ann.C. &S.'97 §2945 rel. to action
against liquor dealer for damages caused by intoxicated person. i§
'05 ch.62, 3 Mr
i Wis. Amdg. S.'qS §1557 : penalty for sale of liquor to minor under
17. i§ 'oS ch.299, 3 Je
9x2 Restricted localities
a Cal. Amdg. Pen.C. §172 rel. to prohibition of sale of intoxicant in
territory adjacent to certain state buildings. i§ '05 ch. 491, 21 Mr
b Cal. Rep. Pen.C. §303 which made sale of liquor or employment
of woman to sell same at place of amusement msdr. i§
'05 ch.500, 21 Mr
c Mon. Amdg. Pen.C. §717 rel. to prohibition of sale of intoxicant
within certain limits. 2§ '05 ch.39, 27 P
d Neb. Msdr. to retail liquor within 5 miles of labor camp of 25 men;
license prohibited; justices of peace to have jurisdiction. 3§
'OS ch.93, 3 Ap
e N. J. Amdg. '89 ch.53 §11: liquor license not to be granted to new
place within 200 ft of church, school or armory. i§ '05 ch.21, 8 Mr
f N. M. Amdg. C.L.'97 §4124 rel. to prohibition of liquor traffic in
certain localities. 6§ '05 ch.115, 16 Mr
g N. Y. Amdg. liquor tax law '96 ch.112 §24 rel. to maintenance of
saloon near public industrial or penal inst. i§ '05 ch.104, 30 Mr
h S. D. Msdr. to sell liquor within 5 miles of public work construc-
tion camp; sale vmder existing license excepted. 3}
*o5 ch.i22, 7 Mr
i Tenn. Msdr. to buy liquor for another within 4 miles of school-
house, whether school be in session or not. 4§ 'o5ch.422,i5 Ap
j Wis. Amdg. S. '98 § 1 548 as to sale of liquor near public & parochial
schools. i§ *o5 ch.385, 17 Je
k Wy. Msdr. to carry intoxicant into mine or metallurgical works
or to enter when intoxicated. i§ '0Sch.58.20P
913 Sale by druggists
a Mo. Druggist to file with county clerk monthly list of prescrip-
tions solely of intoxicating liquor. Adds R.S.'99 13048a. i§
'oS P.14S, IS Ap
b N. Y. Rep. liquor tax law '96 ch.112 §11 subdiv. 3a which regu-
lated sale of liquor in pint lots by pharmacist & imposed loc tax. i{
'oS ch.678, I Je
c N. D. Amdg. R.C.'gg §7594, 7596 regulating druggists' permit to
sell liquors. 2§ 'oS ch.98, 6 Mr
PoHce regulations
PUBLIC ORDER 913-16
d R. L Amdg. G. L. ch.102 §52-54 rel. to sale of liquor by retail
druggist: license; not to be sold on Svui. without physician's pre-
scription. 3§ '05 ch. 1 223, 14 Ap
e R. I. Amdg. G.L. ch.io2 §53: druggist's liquor license may be
granted in town or city voting against liquor license. i§
*oS ch.1239, 10 My
f S. D. Amdg. P.C. §2860: wholesale druggist having over $20,000
stock may sell liquor to registered pharmacist. 2§ '05 ch.146, 24 P
g Wis. Amdg. S.'qS § 1548a rel. to sale of liquors by pharmacist:
sale in municipality where license not granted. i§ '05 ch.349, 12 Je
9x4 Saloons
a Nev. Rep..'89 ch.72 which required saloon or gaming house to
close at midnight. i§ '05 ch. 69, 7 Mr
9x6 Illegal traffic
a Ct. Amdg. G.S.'o2 §2701 : penalty for being in place where liquors
are sold at tmlawful hours. i§ '05 ch.19, 19 Ap
b Ct. Amdg. G.S.'o2 §2731 rel. to purchases of liquor by agent:
production of orders on request of certain officers. i§
'05 ch.117, 6 Je
c Ct Complaint in prosecution under liquor law. 2§
'05 ch.274, 19 Jl
d Kan. Msdr. for carrier to deliver intoxicant except on written
order of consignee or for latter to issue same except to secure delivery
to himself. 3} '05 ch.347, 4 Mr
e Minn. Defining & penalizing "common & habitual liquor selling
without license." 2§ '05 ch.54, 21 Mr
i Minn. Msdr. to engage in unlicensed liquor traffic in counties of
75,000-150,000. 5§ '05 ch.59, 23 Mr
g Minn. Frequenter of place suspected of illegal liquor traffic may
be subpoenaed & examined on affidavit of resident voter. i§
'05 ch.192, 15 Ap
li Minn. Amdg. '87 ch.6 §1: liquor dealers bond "penal"; amount
recoverable limited to damage; liable after revocation of license. i§
'05 ch.246, 18 Ap
i Minn. County of 150,000 - 200,000 may appoint license inspector
to enforce liquor laws. 4} '05 ch.298, 19 Ap
j N. H. Amdg. P.S.ch.ii2 §15 as to penalty for illegal sale of Uquor.
i§ 'o5ch.46, 8Mr
k N, H. Amdg. P.S.ch.112 §15 rel. to illegal sale of alcoholic bever-
ages. i§ '05 ch.ii6, 10 Mr
m N. H. "An act rel. to enforcement of laws rel. to illegal sale of
intoxicating Hquors in no-license territory." 13 § '05 ch.117, 10 Mr
n N. Y. Amdg. liquor tax law '96 ch.112 §2 as to definition of
"trafficking in liquors." i§ '05 ch.679, i Je
p N. C. Place of "delivery" of intoxicating liquor to mean place of
sale; proviso; applies in 46 counties & 8 townships. 3§
'05 ch.440, 4 Mr
q N. C. Illegal sale & manufacture of intoxicating liquors. Supple-
ments C. §1050. 8§ '05 ch.498, 6 Mr
i^olice regulations
^6-25 N. Y. STATE LIBRARY INDEX OF LEGISLATION 190$
r R. I. Bmlding used for sale of liquor by club or ass'n without
special club license deemed a common nuisance; charter of incor*
porated club to be void on conviction of member for violation of act.
Supplements G.L.ch.92. i§ '05 ch.1235, 5 My
8 R. I. Penalty for soliciting order for sale of liquor except in un-
restricted locality. Supplements G.L. ch.ioa. i§ *oS ch.1236, 5 My
t S. D. Msdr. for physician to give prescription for intoxicating
liquor except for medicinal purpose. 3§ '05 ch. 123, 7 Mr
u Tex. C.O.D. sale of intoxicant to be deemed made at place of
delivery & payment, '01 ch.96, 17 Ap. Unconst. Gives "sale*''
meaning foreign to sense intended in art. 16 §20 authorizing local op-
tion. Keller v. State 87 S.W. 669 (1905).
V Wis. Amdg. S.'98§i5Siasto seizure & destruction of intoxicating
liquors when illegally sold. i§ *o5ch.23o,22 My
w Wis. Amdg. S.'qS §1565: conditions under which delivery of order
for liquors constitutes sale. i§ *o5 ch.341, 12 Je
921 Intoxication. Inebriates
See also 446. Guardianship; 33x0, Teachin^r of effects of alcohol and narcotics
a N. H. Requiring strict enforcement of P.S. ch.264 §14 rel. to
drunkenness; expenses of detention of prisoner a county charge. 3}
*oS ch.105, 10 Mr
922 Institutions. Treatment
a Me. Treatment of sufferers from habitual use of narcotics. 3}
'05 ch.3, 9 F
b Mass. Changing name of Mass. Hospital for Dipsomaniacs &
Inebriates to Foxborough State Hospital. i§ '05 ch.400, 12 My
c Neb. Dipsomaniacs, inebriates & persons addicted to use of
narcotic drugs to be committed to State Hospital for Insane; proce-
dure; detention till cured, not exceeding 3 yrs; parole; support by
county from which sent. 8§ '05 ch,82, 28 Mr
923 Punishment
a Ga. Msdr. to be intoxicated in public. 3§ '05 p. 114, 22 Ag
b Mass. Amdg. R.L. ch.212 §37 as to trial of person arrested for
drunkenness & petition for release. 2§ '05 ch.384, 8 My
c Tenn. Grand juries to have inquisitorial powers in cases of drtmken-
ness. 2§ '05 ch.7, 3 F
d Vt. Upon conviction for intoxication court may remit fine or sus-
pend execution of judgment for 2 yrs issuing mittimus if necessary, i J
*04 ch.ii6, 9 D
924 Tobacco
a An. Amdg. Pen.C. §272 rel. to sale of tobacco to minor. 2§
•05 ch.36, 16 Mr
b Ind. Amdg. '89 ch.131 §2 rel. to penalty for furnishing tobacco
to minor under i6. i§ '05 ch. 17, 17 F
c Tenn. Msdr. to sell or give tobacco to minors under 17. 4§
'o5ch.2,4F
925 Cigarettes
a Ind. Msdr. to manufacture, sell or give away cigarette or wrapper.
2§ 'o5ch.S2,28F
Police regulations
PUBLIC ORDER 9^5-28
h Neb. Msdr. to manufacture, sell or give away ciga rettes or cigarette
paper [to any person tinder 21]. Rep. Ann.S/03 §2363-66. 5§
*os ch.198, 4 Ap
c OkL Msdr. to sell cigarettes, cigarette paper & substitutes therefor.
2§ '05 ch.13 art.3, 13 Mr
d Pa. Amdg. '03 ch.iio §1: msdr. to /urms/r [sell] cigarettes or cigar-
ette paper to minor. i§ '05 ch. 2 7, 16 Mr
e Wis. Prohibiting manufacture & sale [to minors] of cigarettes or
cigarette paper. Rep. S.'qS §46o8f. 2§ '05 ch.82, 13 Ap
926 Opium, cocain etc.
See also 953, Sale of poisona
a Ct. Cocain or eucane or compounds not to be sold except on
physician's original prescription. 2§ '05 ch.127, 7 Je
b Fla. Prohibiting maintenance or visiting of opitun den. 7§
'05 ch.89
c Minn. Regulating compounding & sale of cocain. 4§
'05 ch.42, 15 Mr
d Mo. Sale of cocain. 2§ 'o5p.i45,9Mr
e Neb. Prohibitingsaleof cocain except on ph)rsician*s prescription;
prescription not to be refilled. 2§ '05 ch. 2 03, 28 Mr
f N. C. Msdr. to retail preparation containing over 30% cocain,
opium or morphin except on physician's original prescription ; veteri-
narian not to prescribe for htmian being. 3§ 'o5ch.85,2P
g Tex. '*An act to regulate sale of cocain & other drugs ..." 4§
'05 ch.3S, 23 Mr
h Wy. Amdg. 'o3ch.98§i: pharmacist may fill prescription of
qualified veterinarian cont&wmg de^riiacient drug. 2§ '05 ch.55, 20P
D27 Mob violence
a Cal. Rep. Pen.C. §725,728-33 rel. to suppression of riots. 7§
'oS ch.350, 20 Mr
b 111. Lynching a felony; liability of city or county to family of
victim ; removal & reinstatement of officer in charge of prisoner. 6§
'05 p. 190, 16 My
^28 Prostitution
See also 1044. Venereal diseases
a Cal. Penalty for prostituting woman against her will; landing
Chinese or Japanese woman to sell ; paying female for immoral purpose.
Adds Pen.C. §266a-g. 7§ '05 ch.497, 21 Mr
b Cal. Amdg. Pen.C. §315: common repute receivable as evidence
against house of ill fame. i§ '05 ch.507, 21 Mr
c N. Y. Amdg. Pen.C. §322: msdr. to advise or procure female to
become inmate of disorderly house. i§ '05 ch.270, 22 Ap
d Or. Felony for husband to procure prostitution of wife or for man
to accept prostitute's earnings, 2§ 'o5ch.7i,iiF
c Or. Amdg. Ann. C.&S. §1932 rel. to penalty for keeping or allow-
ing property to be used as house of ill fame. i§ '05 ch.211, 22 F
f Pa. Msdr. for male to frequent bawdyhouse or accept money or
value from proprietress or inmate except in course of lawful business.
ij '05 ch.144, 18 Ap
Superyision
93^32 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1 905
929 Sunday observance
See also 9x5, Intoxicating liquors; aoga, Sunday labor
a Cal. Rep. Pen.C. §310^ which made it msdr. to keep barber shop or
bath house open on Sunday or legal holiday after 1 2 m. i §
*o5 ch.502, 21 Mr
b Fla. Prohibiting baseball, football, bowling or horse racing on
Sun. 2§ 'o5ch.65, Sje
c Id. Msdr. to keep open saloon, race track, or place of amusement on
Siui.; county com'rs on petition may grant exceptions; law in-
applicable to incorporated cities or villages, or on boats or trains carry-
ing passengers. i§ '05 p. 29 5, 7 Mr
d Vt. Amdg. S. §5142 as to penalty for hunting on Sun. 2§
'04 ch.132, 9 I>
WO Public health and safety
932 General supervision
See also ax 60, Sick and flisabled
a Ari. Amdg. '03 ch.65 §10, 11 rel. to compensation & duties of
county sup't of health. 3§ '05 ch.47, 16 Mr
a I Cal. Local bd of health to enforce rules of State Bd & report
monthly. Adds P.C. §2984. 2§ '05 ch.86, 7 Mr
b Cal. Amdg. P.C. §2978-79, 2982 rel. to appointment & duties of State
Bd of Health. Rep. P.C. §2983. 5§ '05 ch.340, 20 Mr
c Col. Amdg. '93 ch.133 §49 rel. to reports of local bds to State
Bd of Health. 3§ '05 ch.127, 10 Ap
d Mass. Amdg. R.L. ch.9 §7 : 4300 [5000] copies of annual report of
Bd of Health to be printed of which §00 may be issued in parts. i §
•05 ch.275, 7 Ap
e Mich. Amdg. '73 ch.8i §4-7 rel. to State Bd of Health: term of
sec. 6 yrs [during faithful performance of duties]; duties; salary
$2500; $gooo [$4000] annual appropriation. Rep. '81 ch.24Z, '97 ch.
142, *oi ch.140. 5§ '05 ch.i8, 16 Mr
I Mich. Sec. of State Bd of Health may appoint assistant at salary,
$1500. 'oSch.318, 17 Je
g N. Y. Amdg. Pen.C. §397: msdr. to ^fuUy violate rules of Bd
of Health. i§ '05 ch.443, 16 My
h Or. Establishing county & mun. bds of health; reports of diseases^
& vital statistics. 7§ '05 ch.170, 21 F
i Pa. Creating Dep't of Health to consist of Com'r of Health &
Advisory Bd; division of state into health districts & appointment of
officers; annual report by Com'r to Gov. '05 ch.218, 27 Ap
j S. C. Mun. Corp. to maintain bd of health; quarantine; duty of
attending physician. 4§ *oS ch.4So, 22 F
k' Vt. Amdg. 'o2ch.ii3 as to clerical assistance, appropriation;
report, & officers of State Bd of Health. 8J •o4ch.i37,3D
m Wis. Amdg. S.'98 §1406 rel. to State Bd of Health: president of
bd; compensation of members; duties; plans for city or village water
or sewerage systems to be approved by bd. 3§ '05 ch.433, 19 Je-
Supervision
PUBLIC HEALTH 934-3^
934 Local boards and officers
b Ct. Amdg. G.S. *o2 §2531: county health officer may fill vacancy
in city or borough health office. i§ *oS ch.15, 12 Ap
c Ney. Each county to establish bd of health; msdr. to disobey
rules. 2§ '05 ch.42, 2 Mr
d N. J. City organized tuider '03 ch. 168 to have health bd of 7;
term 4 yrs. Supplements '03 ch.i68. 2§ '05 ch.66, 29 Mr
e N. Y. Amdg. '98ch.i82 §226: city of 2d class to be divided into
from 2-12 [7] health districts. i§ '05 ch.232, 19 Ap
f N. D. Amdg. R.C.'99 §2581: village trustees to constitute local
bd of health. 2§ '05 ch.S2, 7 Mr
g S. D. Amdg. P.C. §252 as to compensation of sup't of county
bd of health. 2§ '05 ch.76, 7 Mr
h Vt. Amdg. *o2 ch.113 §19 rel. to fees of health officer. i§
'o4ch.i38, 10 D
936 State laboratories
a Cal. Establishing State Hygienic Laboratory at State Univ.
for bacteriological & chemical analjrses; management by State Bd
of Health. 5§ '05 ch.223, 18 Mr
b Ct Provision for Bacteriological Laboratory for diagnosis of
infectiotis diseases; $3000 annual appropriation. 2§ '05 ch.162, 21 Je
c N. C. Establishing State Laboratory of Hygiene; for exam, of
water & germ diseases; $60 annual tax on water co. to support; $1200.
Rep. *o3 ch.159 §17. 4§ *o5 ch.4iS, 4 Mr
d U. Amdg. '03 ch. 97 §3: State Chemist to analyze for & report to
State Bdof Health. i§ '05 ch.8o, 9 Mr
e Wis. Continuing for 2 yrs State Hygienic Laboratory at State
Univ. for exam, of water supplies & study of contagiotis disecises.
4$ •osch.471, 20 Jc
93B Vital statistics
See also 474f Family; 105a, Burial
a Cal. Amdg. P.C. §3074-83 rel. to State Bureau of Vital Statistics:
registry of marriage or birth; duty of local officers; fees. Rep. §3084.
i2§ '05 ch.iio, 18 Mr
b Col. Amdg. '93 ch.133 §46 rel. to contents of physician's or mid-
wife's report of birth or death; to be made to local health bd within
I week. 3§ '05 ch.127, 10 Ap
c Ct, Amdg. G.S. '02 §1858 rel. to reports by town registrar of
births, marriages & deaths to State Sup't of Vital Statistics. i§
'05 ch. 1 1 , 5 Ap
d Ct. Form & preservation of vital statistic returns & records.
8§ '05 ch.14, 12 Ap
e Ct. Manner of writing & signing certificate of birth, marriage or
death or sexton's report. i§ '05 ch.i6, 19 Ap
f Ct. Amdg. G. S. '02 § 1870 rel. to registration of birth, marriage
& death: minimum penalty $^ [$io]. i§ '05 ch.i8, 19 Ap
g Ct. Amdg. G.S. '02 §1858, 1862, 1871: certificate giving "heartfail-
ure" as cause of death; date of reception to be noted on birth, marriage
or death certificate. 3§ '05 ch.21, 2 My
ftedicine
138-44 N. Y. STATE LIBRARY INDEX OF LEGISLATION 190$
h Ct. Copy of birth, marriage or death certificate to be sent to
registrar of vital statistics of town of residence of, parents of child
bom, parties to marriage, or of deceased. i§ '05 ch.153, ai Je
i Mich. Registration of births. i3§ '05 ch.330, 20 Je
j Neb. Registration of vital statistics. 9§ '05 ch.98, 16 P
k N. H. Town clerks to send to registrar of vital statistics informa-
tion necessary to complete records in that office. 4§
*o5 ch.2i, 15 P
m Pa. Registration of vital statistics. 25! 'o5ch.22i,i My
n U. Registration of births & deaths: duties of state & local regis-
trars; districts; certificates. Rep. R.S. '98 §2029-36, '99 ch.45 §19-23.
a4§ *o5 ch. 120, 16 Mr
p Vt. Rev. '02 ch.114 rel. to registration of vital statistics. Amdg.
S. §2637. i7§ *04ch.i4o, 16 N
q Vt. "An act to provide for index for marriages, births & deaths;"
to be kept by town clerk. 3§ '04 ch.141, 9 D
r Wis. Cities & villages to keep recordof births & deaths, quarterly
reports to State Bd of Health; ist class cities excepted. 4§
'05 ch.2o8, 16 My
8 Wis. Amdg. S. '98 §764, 764a, 1022, 1026, 1409 rel. to vital sta-
tistics: accidents to be reported; fees; $3000 additional annual ap-
propriation. 9§ *o5 ch.416, 17 Je
t Wis. Collection of birth & death statistics. Rep. '03 ch.4is. 5§
'05 ch.439, 19 Je
940 State control of medicine
See also a348i Medical schools
943 License to practise
044 Medicine
See also 1588, Veterinary practice
a Col. Rev. '81 p. 185 rel. to practice of medicine. i4§
'05 ch.i3S, 20 Ap
b Fla. Amdg. R.S. '92 § 801-2, 805, 810 rel. to appointment of state
bds of medical examiners: semiannual meetings; exam. fees. 4§
*o5ch. 55, 15 My
c Ind. Gov. to appoint 6th member of bd of medical examiners of
different system of practice from other members; bd to examine &
license osteopathists. i§ '05 ch.i 15, 4 Mr
d Mich. Primary exam, of medical student by State Bd of Regis-
tration in Medicine. 2§ '05 ch. 56, 12 Ap
e Mich. Amdg. '99 ch. 237 §3 as to revocation of physician's cer-
tificate of registration. i§ '05 ch.i6i, i Je
f Mich. Amdg. '99 ch.237 §7 rel. to penalty for practising medicine
without certificate. i§ '05 ch.207, 13 Je
g Minn. Licensing of physicians from other states; reciprocal pro-
viso. 3§ '05 ch.236, 18 Ap
h Mo. Amdg. '01 p. 207 §3: State Bd of Health may admit certifi-
cated physician of any state or territory without exam. i§
'05 p. 212, 10 Ap
i Nev. Regulating practice of medicine & surgery. i8§
'05 ch.63, 4 Mr
PUBLIC HEALTH ^
j N. Y. Amdg. public health law '93 ch.6^i §153: district atty. to
prosecute person practising medicine without license. i§
'05 ch.455. 16 My
k N. D. Amdg. R.C.'99 §277, a 80 rel. to practice of medicine. 3§
'o5ch.i48, 6 Mr
m S. C. Amdg. 'o4ch.293 §4-6: Bd of Medical Examiners to meet
2d Tues, in June [4th Tues. in Ap.] ; fee $10 [$5]; J refunded on failure
to pass; eligibility of graduate of medical school. 4§
•05 ch.465, 4 Mr
n S. D. Amdg. '03 ch.176 §2, 23: Gov. to appoint medical examiners
before Ap. i [July 3] of each yr; recording license. 3§
'05 ch.136, 28 P
p Tenn. Amdg. '01 ch. 78 §1 rel. to practice of medicine & surgery:
graduates of approved medical college with 10 yrs practice in state,
exempt from exam. i§ '05 ch.iii, 30 Mr
q Tex. Physician's license may be revoked for malpractice or fraud-
ulent conduct. i§ '05 ch.iSo, 18 Ap
r Vt. Rev. S. §4630-40 rel. to practice of medicine. iS§
^34ch.i33,9 D
8 Wash. Amdg. '90 p. 114 §3 rel. to exam. & license to practise
medicine. i§ '05 ch.41, 27 F
t Wis. Bd of Medical Examiners not to grant license to persons
guilty of immoral or unprofessional conduct; revocation of license
by Circuit Court. 2§ '0$ ch.422, 19 Je
tt Wy. Amdg. R.S.'99 §2189-206 rel. to practice of medicine. i8§
'oSch.4S. 15 P
946 Optometry
a N. M. Practice of optometry. i6§ '05 ch. 96, 16 Mr
b N. D. Amdg. '03 ch.130 §1, 2, 4, 5, 8, 13, 16 rel. to practice of
optometry: definition; exam.; exemptions; recording of certificate;
revocation. 7§ '05 ch. 142, 6 Mr
c Or. "An act to regulate practice of optometry & for appointment
of bd of examiners ..." i6§ '05 ch.139; 21 F
947 Osteopathy
a Men. Regulating practice of osteopathy. Rep.'oi p.48. i4§
'osch.si, I Mr
b Neb. Amdg. Ann. S.'o3 §9466-67 rel. to osteopathy: State Bd
of Health to license to practice on diploma of accredited school &
exam.; registration fee, $2§ [$io]; requirements of accredited school;
subjects of examination. 3§ '05 ch.95, 17 Mr
c N. M. Practice of osteopathy. 9§ '05 ch. 68, 14 Mr
d S. D, Amdg. P.C.§266 rel. to practice of osteopathy: use of
certain titles or letters; penalty. 2§ '05 ch.143, 7 Mr
e Tenn. Rev. '99 ch.394 regulating practice of osteopathy. 7§
'oS ch. 255, II Ap
f Vt Practice of osteopathy. i3§ •o4ch.i34, 7 D
948 Dentistry
a CaL Rep. '01 ch.z75 §11 rel. to temporary dental license. i§
*o5 ch. 359, 20 Mr
N. Y STATE LIBRARY INDEX OP LEGISLATION I905
b Col. Amdg. '97 ch.43 §7 as to penalty for practising dentistry
without license ; increased penalty for second offense. i§
•05 ch.96, 10 Ap
c Ct. Rev. G.S.'o2 ch.277 rel. to practice of dentistry. i7§
•osch.134, 15 Je
d 111. Rev. *8i p. 7 7 rel. to practice of dentistry. 13!
'05P.319. 18 My
e Mass. Amdg. R.L. ch.76 §28, 29 as to penalty for employment
of unlicensed dental assistant or failure to display license; students*
operations. 2§ '05 ch.289, 13 Ap
f Mo. Generally amdg. R.S.'99 §8525-36 rel. to practice of dentistry.
i2§ '05 p.213, 12 Ap
g Neb. Rev. C.S.'o3 §4349-62 regidating practice of dentistry. 23§
*o5 ch.96, 28 P
h Nev. Regulating practice of dentistry. 19 § '05 ch.140, z6 Mr
i N. M. Amdg. '93 ch.6o §5,6 rel. to practice of dentistry. 2§
'05 ch.45, 9 Mr
j Okl. Rev. S.'o3 ch.29 rel. to practice of dentistry. 13 §
'o5ch.z5 art. I, zz Mr
k Or. Amdg. Ann. C.& S. §3829, 3838-39 rel. to practice of dentistry.
4§ '05 ch.zzz, 18F
m Tex. Practice of dentistry. i5§ '05 ch.97, Z4 Ap
n U. Amdg. R.S.'98 §753-54, 757 rel. to practice of dentistry. 7|
'05 ch.84, 9 Mr
p Vt. Practice of dentistry. Rep. S. ch.Z9i. Z2§ 'o4ch.i35, 29 N
q Wash. Practice of dentistry, 'oz ch.z52, z8 Mr. Unconst. in so
far as it requires exam. & license to "own, run or manage " dental
office as distinguished from practice of dentistry; not within police
power. State v. Brown 79 P.635 (Z905).
r Wy. Regulating practice of dentistry. Rep. R.S.*99 §22o7-z2.
i3§ 'osch.89. 2ZP
949 Pharmacy
a Cal. Regulating practice of pharmacy. 2o§ '05 ch.406, 20 Mr
b Ct. Amdg. G.S.'o2 §4728 rel. to expenses of Com'rs of Pharmacy.
z§ '05 ch.65, 19 My
c Id. Practice of pharmacy. Rep. R.S.*87 §z282-97. i7§
'05 p.319. 7 Mr
d Mich. Rev. '85 ch.z34 rel. to practice of pharmacy. 33 §
*o5 ch.332, 20 Je
e N. M. Amdg. C.L.'97 §3718 as to penalty for compounding pre-
scription without license. 2§ '05 ch.8o, zs Mr
f N. C. Rev. laws rel. to practice of pharmacy. 30 §
'o5ch.zo8, 4P
g N. D. Amdg. R.C.'99 §286 rel. to required qualifications for regis*
tration of pharmacists. 2§ '05 ch.z46, 6 Mr
h N. D. Amdg. R.C.'99 §7280, 7285 rel. to penalties for violation of
pharmacy law. 3§ 'o5ch.z47,6Mr
i Or. Amdg. Ann. C.& S. §3806 rel. to practice of pharmacy. 4§
•05 ch.z23, 2z F
Adulteration
PUBLIC HEALTH 949-5^
j Pa. Amdg. '87 ch.134 §5 as to qualifications of druggists & apothe-
caries. i§ 'oS ch.37, 24 Mr
k Texm. Amdg. '93 ch.39 §9 rel. to practice of pharmacy: indict-
ment by grand jury St enforcement by [State Bd of Pharmacy], i }
'05 ch.8i, 27 Mr
m Vt. Amdg. S. §4660, 4662, 4663 rel. to practice of pharmacy. 3 J
'04 ch.136, I D
g52 Sale of drugs
5## also 949, Pharmacy; 1x37. Samples
a N. D. Pure drug law. i4§ '05 ch.io, 28 F
b Or. Amdg. Ann. C.& S. §3812 rel. to sale of poisons & licensing of
itinerant vendors of drugs. 4§ '05 ch.123, 21 P
c Wash. Msdr. to advertise cure for venereal disease. i§
'05 ch.78, 6 Mr
953 Poisons
See also 926, Opium, cocain etc.; 1402. Paris green
a CaL Certain articles to be marked "poison *' & sale recorded.
Adds Pen. C. §347a. i§ '05 ch.572, 22 Mr
b Ct. Amdg. G.S.*o2 §4734: penalty for sale of wood alcohol without
labeling "poison." i§ '05 ch.75, 18 My
c N. Y. Amdg. Pen. C. §401-4, 405a rel. to labeling of poison
by apothecary, druggist or pharmacist. 5§ '05 ch.442, 16 My
956 Adulteration. Inspection of articles, liable to affect
public health
See also 1466, Adulterations and imitations
a Cal. Amdg. Pen.C. §383 rel. to penalty for sale of adulterated
food, drink or drug; definition of terms. i6§ . '05 ch.573, 22 Mr
b Id. Manufacture & sale of dairy, food & oil products. 42 §
'05 p.54, 6 Mr
c Ind. Establishing State Laboratory of Hygiene at Indianapolis
for analysis of adulterated food and drugs; $5000 for equipment;
annual report to Gov.; $10,000 annual appropriation. 6§
'05 ch.38, 25 F
d Kan. State Univ. & Agricultural College to analyze food pro-
ducts for State Bd of Health ; reports to local bds. 2 §
'05 ch.482, 9 Mr
e Me. "An act to regulate sale & analysis of food." Rep. R.S.
ch.129 §10-17. 9§ *o5 ch.68, IS Mr
f Mass. Amdg. R.L. ch.75 §24: penalty for falsely stamping recep-
tacles containing food ^25-^100 [$ioo-$5oo]. i§ '05 ch.236, 30 Mr
g Mich. Amdg. '93 ch.211 §4-6, 11,12 rel. to foods & dairy products;
inspectors; duty of Food & Dairy Com'r; creameries; cheese factories;
commercial feeding stuffs. Adds §13-20. 13 § 'o5ch.i2,9Mr
h Minn. Pood & Dairy Com'rs may enter railway car or warehouse to
enforce laws against food adulteration in case of imported articles;
duty of carrier. i§ '05 ch.158. 12 Ap
i Minn. Qualifications & exam, of dairy & food inspectors. 6§
'05 ch.300, 19 Ap
Adulteration
95^59 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
j Mo. Amdg. R.S.'99 §2286: striking alum from list of prohibited
food adulterations. i§ '05 p. 130, 20 F
k N. Y. Amdg. agricultural law '93 ch.338 §165: food is "adul-
terated '* if it contains methyl or wood alcohol or any methylated
preparation of it. i§ '05 ch.ioo, 24 Mr
m N. C. Amdg. '99 ch.86 §3,6,8: certificate of chemist prima facie
evidence of food adulteration; publication of analysis; defining
"deleterious adulteration." 4§ '05 ch.306, 27 F
n N. D. Amdg. '03 ch.6 §1-3 rel. to adulteration of foods: preser-
vatives. 3§ '05 ch.ii, 24 F
p Or. Regulating manufacture of food & drinks; Dairy & Food
Com'r& deputies; pure food fund. Rep. Ann. C.&S. §3766-93. 6o§
'05 ch.209, 22 F
q S. D. Rev. food adulteration law. Rep. P.C. ch.27, art.8, 10.
44§ '05 ch.114, 24 F
r Tenn. Amdg. '97 ch.45 §2 rel. to adulteration of food & drink;
rep. provision which required law to be enforced without additional
appropriation. 2§ '05 ch.508, 17 Ap
8 Vt. "An act providing for inspection of food, drugs & certain
other articles in common ufee." 24§ '04 ch.143, 11 N
t Vt. Amdg. '04 ch. 143 §18 as to rules of Bd of Health for inspect-
ing food, drugs & certain other articles. i§ '04 ch.144, 7 D
u Wash. Amdg. '01 ch.94 §5,6 as to marking and seizure of adul-
terated food. 2§ '05 ch.51, 2 Mr
▼ Wash. Prohibiting use of poison in food adulteration. 2§
'05 ch.141, 9 Mr
w Wis. Amdg. '03 ch.131 §1 rel. to biennial report & quarterly
bulletins of Dairy & Food Com'r. i§ '05 ch.i88, 12 My
X Wis. Amdg. S.*98 § 1410a as to adulteration of foods, drinks,
condiments or drugs: prosecution; duty of Dairy & Food Com'r. i§
*o5 ch.193, 12 My
y Wis. Amdg. S.*98 §4600,4601 rel. to adulteration; term "food"
to include condiment; drugs. 2§ '05 ch.207, 16 My
z Wis. Penalty for manufacturing or selling adulterated lemon or
vanilla extract. i§ '05 ch. 228, 22 My
"zi Wis. Food & Dairy Com'r may with consent of Gov. appoint
2d ass't com'r, ass't chemist & 8 inspectors; powers; duties; salaries.
2§ 'o5ch.390, 17 Jc
22 Wy. Adulteration of food, drinks, drugs & oil. 8§ '05 ch.49, 18 F
958 Labels
a Mich. Msdr. to sell food products prepared with harmless preser-
vatives without label; exceptions. 2§ '05 ch.7, 24 P
959 Preservatives. Coloring matter
a Pa. "An act to prohibit selling or offering for sale ... as fresh
meat, poultry, game, fish or shellfish which contains . . . preservative
or coloring . . . ; procedure for enforcement." 3§ '05 ch. 46, 28 Mr
b Pa. Rep. '03 ch.2S4 §2 which made adulteration of food with
boron to greater extent than i% msdr. i§ '05 ch.171. 20 Ap
c Wis. Regulating sale of foods containing chemical preservatives.
2I *o5ch.33, 27 Mr
Adulteration
PUBLIC HEALTH 961-^7
961 Milk and milk products
a Cal. State Dairy Bureau to enforce law rel. to testing of dairy
products; to furnish testing apparatus & inspect creameries. Adds
Pen.C. §38ib. i§ '05 ch.172, 18 Mr
b Cal. Prohibiting sale of dairy products from unhealthy animal or
produced imder unsanitary conditions; inspection; adulteration;
marking to prevent fraud. Rep. '99 ch.136. i3§ '05 ch.369, 20 Mr
c Ct. Amdg. G.S/02 §4811; salary of Dairy Corner $1800 [$1500] &
actual expenses not over $1200 [$1000] ; deputy's salary $1300 [$1200]
& actual expenses not over $1200 [$800]. 3§ '05 ch.259, 19 Jl
d Me. Increasing power & duties of Com'r of Agric. rel. to adulter-
ation of dairy products. Amds. R.S.'o3 ch.6o §9. 2§ '05 ch.39, 7 Mr
e Mass. Amdg. R.L. ch,89 §5: salary of gen. agent Dairy Bureau
$1400 [$1206]. i§ 'oS ch.155, 9 Mr
f Mo. Creating office & prescribing duty of State Dairy Com'r;
annual report to Gov. 8§ '©5 pi33, 8 Ap
g N. D. Regulating manufacture & sale of dairy products & substi-
tutes. i8§ '05 ch.95, 16 Mr
h Wash. Amdg. '99 ch.43 §9 rel. to inspection of dairy products. Adds
§33-41. io§ '05 ch.92, 6 Mr
g64 Butter and cheese
a Me. Sale of imitation butter & cheese. Amds. R.S.'o3 ch.i29§6, 8.
6§ 'oS ch.38, 7 Mr
g6s Butter. Imitation and adulteration. Oleomargarin
a Cal. "An act to prevent deception in sale of renovated butter &
to license manufacturers & dealers ..." Rep.'99 ch.25. 7§
*o5 ch.371, 20 Mr
b Cal. Renovated butter to be plainly marked with letters i^ in.
Adds Pen.C. 1383a. i6§ '05 ch.573, 22 Mr
c U. "An act to prevent deception in sale of renovated butter,
. . , license . . . penalty ..." 6§ '05 ch.91, 9 Mr
d Wis. Amdg. '99 ch.76 §1 rel. to sale of renovated butter. i§
'05 ch.34, 27 Mr
967 Milk
a Me. Amdg. R.S.'o3 ch.129 §3: penalty for sale of impure milk
increased; presumptions from analysis. i§. '05 ch. 40, 7 Mr
b N.J. Amdg. '01 ch.'Ss §3: cream containing under 16 9^ butter
fat or containing water or chemical, "impure." 2§
*oS ch.132, 12 Ap
c N. Y. Amdg. agricultural law '93 ch.338 §22: prohibiting sale of
imitation cream. i§ '05 ch.602, 24 My
d N. Y. Amdg. agricultural law '93 ch.338 §32 as to licensing &
reports of milk-gathering station; exam, for violations of law. i§
'05, ch.603, 24 My
c Wash. Felony to sell adulterated milk. 2§ '05 ch.50, 2 Mr
f Wis. Amdg. '99 ch.313 §3 fine, or imprisonment in county jail
30-60 days for sale of impure milk or cream. '05 ch.66, 8 Ap
Adulteration
967-98 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
g Wis. Amdg. 8/98 14607, 4607a rel. to sale of adulterated milk &
cream. 2§ ' '05 ch. 138, 29 Ap
h Wis. Amdg. '03 ch.67 §6 rel. to penalty for sale & use of unsani-
tary milk & use of tmsanitary premises & utensils. i§
•05 ch.iS4 3 My
969 Condensed milk
a Wis. Regulating sale of condensed milk & evaporated or con-
densed cream. 3§ '05 ch.347, 35 My
970 Test standard
a Me. Milk & cream purchased by creameries for resale to be weighed
& tested; state tests.. 2§ '05 ch.76, iS Mr
b N. T. Amdg. agricultural law '93 ch.338 §23: msdr. to credit for
greater than actual amount of fat when purchasing milk or cream
on basis of fat contained. i§ '05 ch. 601, 24 My
c Vt. Amdg. '98ch.82 §1,2, 6 as to tests by creamery for fixing
price of milk & cream; penalties. Rep. §4-7. 5§ 'o4ch.iii,9D
d Wis. Amdg. '03 ch. 43 §3, 4: msdr. to manipulate falsely Babcock
test for determining quality of milk or cream. 2§
•05 ch.99, 21 Ap
972 Other articles of food and drink
976 Canned or preserved food
a Wis. Amdg. S.'98 §4601 a restricting sale of canned foods con-
taining preservatives. '05 ch.104, 22 Ap
978 Cereals. Starches. Bread
980 Sanitary regulations of bakeries
S99 als9 a 05 3, Bakeries and confectioneries (health and safety of employees)
a Ct. Amdg. & supplementing G.S.'o2 §2569 rel. to sanitary condi-
tion of bake shops: factory inspectors' certificate to be posted in
bakery; underground not to be vised. s§ '05 ch.13, 12 Ap
986 Honey. Bee products
a Wis. Prohibiting sale of adulterated honey. Rep. S.*98 §46o7f.
3§ *o5 ch.229, 22 My
990 Ice
S€€ also 1079, Pollution of water; 1566, Trades and occupations
a Cal. Msdr. to disregard rules of state Bd of Health rel. to pollu-
tion of ice intended for public use. Adds Pen.C. §377c. 2§
'o5ch.i36, 18 Mr
998 Liquors. Alcohol
a Mass. Sale of wood alcohol & penalty for use in drugs, food or
drink. 2§ '05 ch.220, 27 Mr
b Minn. Wood alcohol to be marked "wood naphtha; poison." 2(
*o5 ch.3S, 10 Mr
c N. T. Amdg. public health law '93 ch.66z §41,46: wine, beer or
liquor is "adulterated "if it contains methyl or wood alcohol or any
methylated form of it. 4§ '05 ch.122, 31 Mr
Adulteratioi
PUBLIC HEALTH 99^X0X4
d S. D. Msdr. to adulterate intoxicating liquors : Pood & Dairy Com'r
to make analysis & prosecute. a§ '05 ch.iai, 7 Mr
toco Meats. Fish (fresh)
a S. C. Amdg. Crim.C. §305: msdr. to sell flesh found dead from
unknown cause, i) '05 ch.433, aa P
b S. D. Meat inspection: municipality may appoint inspector;
slaughterhouse & market regulations; vendors to be licensed, iz)
'05 ch.135. 7 Mr
zooa Meats
a Ct. Penalty for sale or shipment of diseased flesh. Rep. G.S/oa
§1346. 2§ •osch.131, isje
b Del. Msdr. to sell beef treated with deleterious drug or preserva-
tive; prosecution." 3§ '05 ch.2ia, 13 Ap
c Minn. Msdr. to offer for sale veal of calf killed tmder 4 weeks old.
2§ '05 ch.323, 19 Ap
d N. T. Amdg. agricultural law '93 ch. 338 §7oe rel. to sale of veal.
i§ '05 ch.171, 8 Ap
-% N. C. Msdr. to sell meat of diseased animal. i§
'05 ch.303, 25 P
f Okl. Inspection of animals to be slaughtered for food: in rural
district farmers may appoint 2 neighbors to act as inspectors where
no convenient resident inspector. 2§ '05 ch.3 art. 2, 23 P
g 'V^. Amdg. '01 ch. 2 43 §1 as to sale of or having in possession with
intent to sell sausage or chopped meat compound containing artiflcal
coloring; exception. i§ '05 ch.26z, 25 My
2006 Spices. Condiments
a Mich. Amdg. '69 ch.39 §1, 4-5, 8: inspection of salt manufactured
or mined in state; fees; principal office of inspector. 4§
'05 ch.323, 20 Je
b N. J. Amdg. '01 ch.85 § i : "food " in act prohibiting adulterations
to include condiments. 2§ '05 ch.i3a, 12 Ap
X008 Sugars. Syrups. Confectionery
5## also a 05 3, Bakeries and confectioneries (health and safety of employees)
1012 Sugar. Syrup
a N. H. Sale of bogus or adulterated maple sugar prohibited. 4§
'05 ch.118, 10 Mr
b Pa. Msdr. to use certain chemicals to adulterate fruit syrup.
Rep.'oi ch.89. 5§ '05 ch.217, 26 Ap
C Wis. Penalty for sale of adulterated maple sugar & syrup. x§
'05 ch.i5i,3My
d Wis. Regulating sale of syrups, molasses & glucose mixtures. a§
•05 ch. 152, 3 My
20x4 Vinegar. Cider
a N. H. Sale of bogus or adulterated cider vinegar prohibited. 4§
'05 ch. 118, 10 Mr
Communicable diseases
014-27 X. Y. STATE LIBRARY INDEX OF LEGISLATION IQOS
b N. J. Standard purity for vinegar; name of maker & brand to
be placed on receptacle when offered for sale. Supplements '01
ch.8s & rep. '02 ch.183 §3, 4. io§ '05 ch.24S, 22 My
c Wis. Amdg. S.'pS §46071 rel. to sale of vinegar. i§
'o5ch.297,3 Je
X020 Communicable diseases
See alsoios^, 1064, Disposition of the dead; 1065, Nuisances; X144. Commtinicable
diseases of animals
a Cal. Msdr. to violate order of State Bd of Health rel. to quarantine
or disinfection. Adds Pen. C.3 7 7a. 2§ '05 ch. 144, 18 Mr
b Kan. Amdg. *oi ch. 285 §5 rel. to quarantine of inmates of house
in which contagious disease. 2§ '05 ch. 339, 9 Mr
c Pa. Creating emergency fund of $50,000 to be used by State
Bd of Health to prevent spread of epidemics; drafts to be approved
by Gov. i§ '05 ch.219, 27 Ap
d Tenn. Prevention of contagious diseases: quarantine; action of
local & state authorities. i6§ '05 ch.519,17 Ap
e U. Amdg. R.S.'98 §1108 rel. to reports of disease by State Bd of
Health. i§ '05 ch. 112, 16 Mr
f Wis. "An act prescribing duties of physicians & others rel. to in-
fectious diseases"; tuberculosis. io§ '05 ch. 192, 12 My
g Wis. Innkeeper need not receive person having contagious disease ;
proviso; msdr. for such person to ask or receive entertainment at
hotel. 2§ ^ *o5 ch.198, 12 My
h Wis. Contingent fund for prevention of Asiatic cholera or other
dangerous contagious disease. 3§ '05 ch.333, 10 Je
X033 Hospitals for contagious diseases
See also 1043, Tuberculosis
a Mass. Bd of Health to investigate & report Jan. 15, 1906 as to
advisability of rev. laws rel. to city & town pesthouses.
*o5 r.56, 28 Ap
b R. I. City of Providence may issue $175,000 bonds for contagious
disease hospital. 2§ '05 ch.1256, 15 Mr
Z024 Maritime quarantine
a CaL Amdg. Pen.C. §376 rel. to penalty for violation of maritime
quarantine laws. i6§ '05 ch. 5 7 3, 22 Mr
b Or. Rep. Ann.C.& S. §3906-11 rel. to quarantine of vessels. i§
•05 ch.io, I F
1025 Leper homes
a Mass. Provision for establishing Hospital for Leprosy; appropria-
ation not to exceed $50,000. 2§ '05 ch.474, 26 My
2026 Protective inoculation
Z627 Vaccination
a S. C. City or town may pass vaccination ordinance & on neglect
or refusal State Bd of Health may do so; compulsory vaccination of
school children. 7§ '05 ch.434, t« F
Communicable diseases
PUBLIC HEALTH 1027-42
b W. Va. Amdg. C. ch.150 §21 rel. to vaccination in case of smallpox
epidemic: Coimty Court on petition of 100 voters to enforce com-
pulsory vaccination; [annual provision by County Court for free
vaccination]. i§ '05 ch.58, 23 F
1028 Antitoxin
a Col. Amdg. '93011.133 §47: sales of antitoxin to be reported to
local health bd within 12 hrs. 3§ '05 ch. 127, 10 Ap
b IlL Bd of Health to appoint agent in each county for distribution
of antitoxin. Adds §20 to '77 p. 208. i§ . '05 p. 387, 13 My
X030 Special diseases
Z038 Eye diseases
a Mass. Inflammation of eyes of infant less than 2 weeks old to be
reported to Bd of Health; penalty. Amdg. R.L. ch.75 §49, 50. 2§
'05 ch.251, 31 Mr
Z040 Hydrophobia
See also 1163, Rabies
a 111. State Bd of Health to designate inst. for preventive treatment
of hydrophobia to receive poor patients at state expense. 4§
'05 p. 38, 12 My
b Pa. Needy person to be treated for hydrophobia at public expense.
2§ '05 ch.68, 31 Mr
ZO42 Tuberculosis
a Ga. Com'n to report to Leg. of 1906 on state sanatorium for con-
sumptives; report to Leg. of 1906. '05 p. 1255, 22 Ag
b Ind. Com'n to be appointed to investigate need for tuberculosis
hospital; report to Leg. of 1907. '05 ch. 172, 6 Mr
c Mass. State Bd of Health to give public exhibition of methods of
treating & preventing tuberculosis. '05 r.75, 12 My
d Mich. Establishing State Sanatoritun for Tuberculosis; location of
site; organization & management ; $20,000. 23 § '05 ch.254, 16 Je
t Mo. Establishment of State Sanatorium for treatment of incipient
pulmonary tuberculosis; managing bd; com*n to locate site & erect
buildings; $50,000. 25§ '05 p. 292, 15 Ap
f N. H. Report of death or removal of consumptive; disinfection of
premises; penalty. 5§ *o5ch.i7,i4F
g N. H. Establishing N. H. State Sanatorium for Consumptives;
$50,000; void if suitable inst. is provided prior to May i, 1907. i3§
*o5 ch.92, 10 Mr
h R, I. Creating bd of trustees for State Sanatorium for Consump-
tives; organization & management; annual report to Leg. ii§
'05 ch.1247, II My
1 U. Attending physician in public hospital to report tuberculosis
case to State Bd of Health; care; penalties. 2§ '05 ch. 55, 9 Mr
j Vt. Creating tuberculosis com'n to serve 2 yrs: to educate people
as to nature & cause of tuberculosis; report to Leg. of 1906; $4000.
S§ '04 ch.142, 30 N
Dispositioii of the dead
1042*55 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
k Wis. 2000 copies of report of State Tuberculosis Com'n to be print-
ed. 2§ '05 ch.29, 21 Mr
m WiB. Establishing Wisconsin State Tuberculosis Sanatorium;
$90,000. 8§ *o5 ch.361, 13 Jc
X048 Disposition of the dead
X05Z Practice of embalming and undertaking
a HI. State Bd of Health to regulate practice of embalming. 8§
•05 p.388. 13 My
b Ind« Amdg. 'oi ch.246 §1-2, 5, 7-10 rel. to State Bd of Embalmers;
exam.; license; fee. 7§ '05 ch.112, 4 Mr
c Mass. Practice of embalming. io§ '05* ch.473, 26 My
d Minn. State Bd of Health to issue license to practise embalming.
6§ '05 ch.ioi, 31 Mr
e N. T. Amdg. '98 ch.55s §6a, 7, 9 rel. to practice of tmdertaldng &
embalming. 3§ '05 ch.S72, 19 My
f N. D, Creating State Bd of Embalmers; to license to practice on
exam, annual report to Gov. 9§ '05 ch.ixz, a8 P
g OkL Regulating practice of embalming. z7§
'05 ch.36 art.z, 13 Mr
h Pa. Amdg. '95 ch.107 §5 rel. to registration of vmdertakers; exam.
& license. i§ '05 ch.209, 24 Ap
i W. Va. Amdg. '99 ch. 60 §1, 3, 4, 6, 10 rel. to State Bd of Embalm-
ers; renewal & transfer of licenses; prosecution. 6§ '05 ch.44, 94 P
j Wis. Bd of Health to regulate practice of embalming; exam. &
license. 9§ '05 ch. 420, 19 Je
1653 Burial permits
Set also 938, Vital statiatict
a Cal. Registration of deaths; burial permits; duty of registrar,
coroner, phjrsician, undertaker & sexton; penalty. 19!
'05 ch.119, 18 Mr
b Cal. City clerk or recorder to perform duties of registrar in record-
ing deaths & issuing burial permits Adds §9 to '83 ch.49. a)
'05 ch.346, 20 Mr
X054 Cemeteries
a Me. Amdg. R.S. ch.20 §3 as to fencing of ancient public burying
grotmds. i§ '05 ch.ioi, az Mr
b Minn. Private cemetery contiguous to cemetery corp. may con-
solidate; procedure. 2§ '05 ch.38, z5 Mr
c Vt. Amdg. S. §3585: penalty for violating provisions of law rel.
to burial grounds by selectman, cemetery com'r or trustee. z§
'04 ch.87, 30 N
Z055 Public cemeteries
a HI. Cemetery ass'n to be public corp.; land to be mapped &
platted; procedure in condemnation of land. Adds §z5-2o to '03
p. 90. 6§ '05 p. 84, z6 My
b Ind. Township to receive gift of public or private cemetery &
appoint 3 directors to manage; maintenance. i§ '05 ch.9Z, 4 Mr
Disposition of the dea<
PUBLIC HEALTH X055-5^
« Heb. Amdg. CS. '03 §6051 rel. to election of bd of trustees of State
Cemetery at Lincoln: term 6 [3] yrs. a§ *oS ch.155, 3 Ap
d Neb< Amdg. C.S. '03 §6053 rel. to sale of lots in State Cemetery:
groimd to be reserved for burial of inmates of state insts. located
in Lincoln. 2§ '05 ch.156, 3 Ap
•e Keb. Amdg. & supplementing Ann.S. '03 §8744: cities of 3d class
& villages, less than 5000, may acquire property by gift or devise for
cemetery puxposes & levy i mill annual tax for improvement & care.
3§ •o5ch.3i,4Ap
f S. D. Amdg. P.C. §1229 subdiv.64: city may provide for manage-
ment of mun. burying ground by private cemetery corp. i§
'oS ch.67, II F
g Wis. 'Amdg. S. '98 §1440: town may levy special annual tax of
$500 for improvement of town cemetery. i§ '05 ch.122, 29 Ap
3056 Cemetery associations
A Ind, City council may convey mtm. cemetery to corp. of 10 lot
owners with all powers & duties of cemetery corp. 2§
'05 ch.25, 21 F
;b Minn. Amdg. '87 ch.i68 §1 : cemetery of 5 [20] acres may provide
permanent maintenance fimd. i§ '05 ch.197, 15 Ap
€ JSon. Formation & powers of cemetery ass'n. 3 5 § '05 ch. 1 8 , 1 6 F
.d Neb. Amdg. Ann.S. '03 §4219 rel. to election of trustees of ceme-
tery ass'n. 2$ '05 ch.38, 4 Ap
•c N. Y. Amdg. membership corp. law '95 ch.559 §52: corp. owning
cemetery entirely outside city of ist or 2d class may levy annual tax
not exceeding $2 for maintenance. i§ '05 ch. 123, 31 Mr
f Okl. Amdg. S. '93 §1119-22 rel. to cemetery corp.: election of
sup't; meetings of bd of directors. 6§ '05 ch.io art.i, 13 Mr
1057 Location. Vacation
a Ind. Amdg. '89ch.iS7 §1 rel. to condemnation of property for
cemetery purposes. i§ '05 ch.69, 3 Mr
b Kan. Cemetery ass'n may condemn land for necessary enlarge-
ment of burial ground; procedure. Supplements G.S.'oi ch.23
art. 12. 4§ '05 ch.155, 8 Mr
X H. J. Amdg. '85 ch.129 §6 : Supreme Court may confirm or reverse
adverse decision by local authorities on application to open or extend
Inirial ground where State Health Bd approves sanitary conditions.
2§ '05 ch.64, 28 Mr
<d N. Y. Amdg. religious corp. law '95 ch. 7 23 §8: corp. owning
coimtry churchyard may remove bodies to plot in other cemetery in
same town. i§ '05 ch.324, 25 Ap
e Wash. Amdg. '99 ch.33 §6 as to recording of cemetery plan with
county auditor. i§ '05 ch.64, 3 Mr
X058 Burial lots
a U. Cemetery plats St transcripts of burial rights to be filed with
county recorder; penalty msdr. 4§ '05 ch. 130, 17 Mr
uisances
358-65 N. Y. STATE LIBRARY INDEX OP LEGISLATION 190$
b Wis. Amdg. S.'qS §1439 ^s to control & conveyance of cemetery
lots in city or incorporated village. i§ '05 ch.33S, 10 Je
1059 Cemetery trust fuads
a 111. Mun. cemetery may receive trusts of $50 or over for improve-
ments. Adds §si to '83 p.55. i§ '05 p.83, 3 Mr
b Neb. Amdg. C.L.'o3 §1983: Cemetery ass'n may accept & ad-
minister trust received for care & improvement of cemetery lots. 2§
•05 ch.39, 8 Mr
c Vt. Amdg. S. §3601 : towns may deposit burial ground trust money
in savings bank or trust co. i§ '04 ch. 88, 7 ^
d Wash. Cemetery ass'n may accept trust fund for care or improve-
ment of grounds. i§ '05 ch. 11 8, 9 Mr
e Wis. Municipalities may 'accept donations & legacies for care of
cemeteries; account of funds. 3§ '05 ch.179, 8 My
1060 Injury to cemetery. Grave robbing
a Minn. Amdg. G.S. '94 §6786: msdr. to hitch animal to tree or
monument in cemetery. i§- 'oS ch.90, 29 Mr
b Nev. Desecration of cemetery or pasture of animal in same msdr.
2§ 'oS ch.40, 2 Mr
io6x Cremation
a N. Y. Amdg. '92 ch.516 §1: authorizing creation of trust for sup-
port of chapel or crematory. i§ '05 ch.393, 16 My
X062 Dissection
a N. D. Bodies of persons buried at public expense to be used for
promoting anatomic knowledge. 4§ '05 ch.134, 2 Mr
1065 Nuisances (general). Miscellaneous health regu-
lations
a Cal. Amdg. C.C.P. §731 rel. to definition of "nuisance "; abate-
ment of public nuisance. i§ '05 ch. 128, 18 Mr
b Ga. Amdg. Pen.C. '95 §495: msdr. to fail to bury dead animals
or decaying matter 3 hrs after notice in counties having city of 1000
[60,000]; to apply only where dead animal is within 2 m. of owner.
2§ '05 p.85, 23 Ag
c Kan. Amdg. '03 ch.122 §56: city of ist class may abate nuisance
& tax cost to property. 2§ '05 ch.109, 8 Mr
d Kan. Amdg. '03 ch.134 §1 rel. to abatement of nuisance in 2d &
3d class city. 3§^ '05 ch.120, 8 Mr
e Nev. Definition & abatement of nuisance in unincorporated town.
3§ '05 ch.ios, 17 Mr
f R. I, Slaughterhouse, rendering establishment, garbage plant,
brickkiln, stone quarry or plant for blasting or crushing stone within
300 ft ♦rom public park or hospital deemed common nuisance. Sup-
plements G.L. ch.92. 2§ '05 ch.1240, 10 My
Nuisance
PUBLIC HEALTH I065t8
g Wis. Action to enjoin public nuisance may be brought in county
where it exists in name of state by Atty, Gen. or on relation of private
individual. i§ ^ *oS ch.i4S, 3 My
Z069 Disposal of carcasses
5rr also use Communicable diseases of animals
a R« I. Rep. '04 ch. 1 162 rel. to removal of carcass of dead animal
by purchaser & reenacting laws rep. by ch.1162. 2§ '05 ch.1234, 28 Ap
Garbage, see 2663(5
Z076 Mosquitos
a N. J. Agricultural Experiment Station on request of mun. author-
ities to investigate mosquito-breeding areas & pay 25% of cost of
destruction not exceeding $500. 6§ '05 ch.8o, 31 Mr
Z079 Pollution of water
See also Q32, Public health; 990, Ice; 2003, Shellfish: 2661. Sewerage
a Cal. Msdr. to disregard niles of State Bd of Health rel. to pollu-
tion of water used for human or animal consumption. Adds Pen.C.
§377b. 2§ '05 ch.135, 18 Mr
b Ct. Amdg. G.S. '02 §1328: penalty for bathing in tributary of
mun. reservoir. i§ '05 ch.38, 2 My
c Me. Dead or injured fish shall not be cast on shore or released in
harbor. 3§ '05 ch.77, 15 Mr
d Me. Amdg. R.S.'o3 ch.129 §1: corrupting water supply of city,
town or mun. corp. i§ '05 ch.97 21 Mr
e N. C. Amdg. '03 ch.isp §4, 16: artesian well water to be chemi-
cally & bacteriologically examined as other waters. 2§
'05 ch.287, 23 F
f Or. Amdg. Ann.C. & S. §2042 rel. to casting sawdust, shavings or
lumber waste into certain streams. i§ '05 ch.35, 7 F
g Pa. Plan for proposed water supply works to be approved by
Com'r of Health ; appeals ; maintenance of purity of source; sewerage.
ii§ '05 ch.182, 22 Ap
h Pa. City with mun. waterworks may enter private lands to patrol
source of supply. i§ '05 ch.223, 2 My
i Vt Amdg. 'o2ch.ii5 §1: State Bd of Health may restrain use
of impure water supply by town or water or ice co. Rep. §11. 2§
*o4 ch.139, 16 N
j Wis. Amdg. S. '98 §4567 as to pollution of waters by sawdust,
sawmill offal & planing mill shavings & refuse from manufacture of
beet sugar; exceptions. 2§ '05 ch.402, 17 Je
zo8a Signs. Advertisements
See also 1137, Samples
a Vt. Fine of $10 for unlawful posting of advertising sign on high-
way. i§ '04 ch.84, 6 D
Z084 Smoke
a Mass. "An act to provide for abatement of smoke in Boston." 5§
•05 ch.418. 18 My
res
K)0-"03 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
WeedSi ste 1854, Agriculture; 2744, Road»
1090 Public safety
Protection of htxman life from accidents, castialties etc. Sw als0 X3 13, Railroads;
T368, Street railways: 2044, General workshop regxUations
X093 Fires
5r#ai!50 X 3a a. Railroads; 1765, Fire prevention associations; 1803, Forest fires;
a6o3, Fire departments
Z093 Fi^ marshals. Inspection
a Mass. Amdg. '04 ch.433 §1: salary of fire inspector of district
police $1500 [$1000]. 2§ '05 ch.247, 30 Mr
b Minn. Gov. to appoint fire marshal; salary $2500; investigation
of fires; reports; } % tax on net premiums of insurance 00. to cover
expense, exceptions. io§ '05 ch.331, 19 Ap-
c R, I. Bd of fire com'rs of Providence may inspect places where
combustibles or explosives are kept. 2§ 'o5ch.i255,i5Mr
Z096 Fire alarms
a Ct, Penalty for turning in false alarm of fire, i §
*oS ch.159, 21 Je
b N, Y. Amdg. C.C.P. §56 subdiv.i6: msdr. to wilfully give false
alarm of fire or tamper with alarm system. Adds §639a to Pen.C.
2§ '05 ch.279, 22 Ap-
1097 Prairie fires
S49 also 13331 Railroads; 1893, Forest fues
a S. D. Amdg. P.C. §1131-35 rel. to ploughing & maintenance of
township fire guards; msdr. for road supervisor to neglect duty as to-
same. 6§ '05 ch.iii, 28 F
Z099 Buildings: sanitation and safety
Sm also X534. Architects; 2044, General workshop regulations; aa35> Schools
a N. J. Town may appoint building inspector, prescribe building
rules, establish fire limits & regulate keeping of explosives. Supple-
ments '95 ch.113. i§ '05 ch.185, 20 Ap^
b N. C. Bxiilding regulations for cities & towns: local inspectors;
supervision by State Insurance Com 'r. Adds §4-3Sto*oich.677. 32^
•05 ch.506, 6 Mr
c Vt Supervision of buildings in cities, towns & incorporated vil-
lages to prevent fire & insure safety. 22 § '04 ch.77, 8 1>
XI 02 Exits
a Mass. "An act to prohibit obstruction of means of egress from,
buildings "; penalty. 2§ '05 ch.347, 28 Ap
1 1 03 Fire escapes
a Minn. Amdg. '03 ch.301 rel. to fire escapes in hotels & lodging
houses; inspection. 9§ '05 ch. 3 43, 19 Ap
b Hcb. Amdg. C.S. '03 §3565 rel. to fire escapes: buildings of j [4]
stories to be provided with ladders or fire escapes; theaters to be
Floods
PUBLIC SAFETY IIO3-X3
provided with number designated by Ccm'r of Labor; exceptions.
2§ '05 ch.73, 9 Mr
c N. T. Amdg. tenement house act '01 ch.334 §30 rel. to fire escapes.
i§ '05 ch.So7, 17 My
d Vt Amdg. '02 ch.113 §4: State Bd of Health to control placing
of fire escapes on public buildings. 3§ '04 ch. 137 §2-4, 3 D
e W. Va. Hotels, workshops & tenement houses of 3 or more stories
to be furnished with fire escapes; annual inspection. 5§
•05 ch.76, 24 F
ZZ04 Fire limits
a N. J. Township or village may establish fire limits & prevent
erection of frame buildings within them by injtmction & $10 a day
penalty; by | vote of governing bd may allow special exceptions to
ordinance. 3§ . '05 ch.202, 28 Ap
Z105 Eight. Street alinement
a Mass. "An act rel. to hight of buildings in Boston." 4§
'05 ch.383, 8 My
z 106(5 Plumbing
5«# also 9664, House oonnectiont (sewere)
a Me. Plumbers in water districts & in certain cities & towns to be
licensed by local authorities. 5§ '05 ch. 71, 15 Mr
b Wash. Exam. & licensing of pliunbers in cities of 10,000. Z4i
'05 ch.66, 4 Mr
IZ08 Hotels. Lodging houses
a Wash. Plumbing & ventilation of hotel or restaurant. 2§ '
•05 ch.48, 2 Mr
ZZ09 Public halls
a Ind, Building rules for hall for public entertainment; inspection.
ii§ '05 ch.i66, 7 Mr
b Mass. Inspection & use of certain cinematographs in public halls
& churches. 3§ '05 ch.176, 14 Mr
Supplemented. *oS ch.437, 23 My
€ Mass. Amdg. '04 ch.450 §2 rel. to licensing & inspection of theaters
& public halls. Rep. §7. 3§ '05 ch.342, 26 Ap
d Minn. Theater seating 600 to have fireproof curtain. 4§
*oS ch.319, 19 Ap
iizo Tenement houses
a Cal. Msdr. to construct, lease or use room for lodging or sleeping
apartment with less than 500 cu. ft of air for each occupant. Adds
Pen.C. §4oia. i6§ '05 ch.573, 22 Mr
b Ct Tenement house act. 3i§ '05 ch.178, 29 Je
c N. J, Misc. amdts. to '04 ch.6i rel. to building rules for tenement
houses. 2o§ '05 ch.82, 31 Mr
ZZZ3 Floods. Life saving
5rr also 1x80, Water storage; 1x97. Levees and dikes
X113 Floods
a N. J. Creating Passaic river flood district. z§ '05 ch. 218, 29 Ap
b N. M. "An act to provide for issuance of certificates of indebted-
Explosive. Miscellaneous
III7-30 N. Y. STATE LIBRARY INDEX OF LEGISLATION I90S
ness for. . .relief of flood sufferers, & building of dikes.** i3§
*o5 ch.3, 4 F; *o5 ch.88, 15 Mr
XI 17 Explosives
See also 1403, Petioleuxn products
a CaL Sale of explosive must be registered. Adds Pen.C. §3; 5a.
i6§ *o5 ch.573, 22 Mr
b Mass. Rev. '04 ch.3 70 ^^^- ^^ regulation of sale & use of explosives
& inflammable fluids in cities & towns. 5§ '05 ch.280, 11 Ap
c Mich. Amdg. *73ch.i39§j rel. to transportation of explosives.
i§ '05 ch.71. 25 Ap
d Nev. On petition of 10% of taxpayers county com'rs to prohibit
storing of explosive within J m. of city or town; exceptions. 4§
'05 ch.ioi, 17 Mr
e Pa. "To prohibit the sale or use of certain fireworks, firecrackers,
pistols, explosive canes & ammunition. .." 3§ •o5ch.33,24Mr
zzz8 Air guns, toy pistolsi etc.
Se^ also 263. Weapons
a Col. Unlawful to sell or give away toy pistol or cannon or explo-
sive cane caps or cartridges. 3§ '05 ch. 10 2, 11 Ap
b R. I. Sale & use of toy devices for discharge of explosives pro-
hibited. i§ '05 ch.i2i6, 15 Mr
IZZ9 Blasting
See also 143 7. Wei^^hts and measures; 2067, Mines Oabor)
a Or. Prohibiting sale of certain blasting powder & fuse; date of
manufacture to be stamped on powder package. 6§ '05 ch.69, 11 F
zzaz Fireworks
a R. I. Amdg. '05 ch. 12 16: sale of blank cartridges to minors pro-
hibited. 4§ '05 ch. 1 244, 10 My
b Wis. Regulating sale & manufacture of firecrackers, i §
*o5 ch.140, 3 My
Z124 Miscellaneous
Z138 Boilers and engineers
II 29 Inspection
a Mass. **An act rel. to inspection of steam boilers ": inspection
either by district police or by boiler insurance co. 4§ 'o5ch.472, 26 My
b Mon. Amdg. P.C. §552-53. 560, 563, 566-67 rel. to inspection of
steam boilers. Adds §570. 8§ '05 ch.32, 21 F
c N. Y. Inspection of locomotive boilers. Adds '90 ch. 565 §49a,
49b. 2§ '05 ch.6ii. 25 Mr
ZZ30 Licenses
a Mass. Amdg. R.L. ch.102 §81, 82, 86 rel. to licensing of engineers
& firemen; exceptions. 4§ '05 ch.310, 20 Ap
b Nev. '*An act authorizing. . .county com 'rs. . .to issue & revoke
licenses of stationary engineers & others having charge or control of
.... steam-generating apparatus & machinery. *' 8§ '05 ch. 112, 17 My
Diseases of animals
PUBLIC SAFETY ZI3O-44
c Pa. Exam. & licensing of engineers in charge of steam boilers in
cities of 2d & 3d classes. i5§ '05 ch. 75, 4 Ap
IZ37 Samples
St€ also 953, Poisons
a Minn. Msdr. to distribute sample of drug unless delivered to
adult. 2§ '05 ch.33, 9 Mr
Z139 Steamboats. Vessels
5## o/jo 1x28, Boilers; x8oo. Navigation
a N, H. '*An act rel. to the inspection & licensing of boats & the
exam. & licensing of their captains, masters, engineers & pilots."
Rep. P.S. ch.119; '99 ch.82. 2i§ *oS ch. 50, 9 Mr
b N. Y. Amdg. navigation law '97 ch.592 §15: excursion barge to
have life-preserver for each person carried. i§ '05 ch.74, 17 Mr "
c N. Y. "An act requiring stanchions, deck beams & frames to be
of iron or steel, in all steam vessels & barges hereafter constructed,
engaging in excursions from cities having population of 1,000,000."
5§ '05 ch.306, 22 Ap
d N. Y. Amdg. navigation law '97 ch.592 §34: fees for inspections
of licenses of boats to be paid to Sup't of Public Works [State Treas-
urer]. i§ '05 ch.3S9, I My
c Wis. Municipality may inspect boats, not propelled by hand, used
on inland waters without U. S. jurisdiction. 3§ '05 ch.280, i Je
1x44 Commtinicable diseases of animals
a Ari, Rev. R.S. t.42 rel. to live stock. 93! '05 ch.51, 16 Mr
b Cal, Amdg. '99 ch. 96 §2: salary of ass 't State Veterinarian $1200;
expenses $300. i§ '05 ch,355, 20 Mr
c Cal. Bd of supervisors may appoint county live stock inspector
& make ordinances for preservation of health of stock; duties of
inspector. Adds §2^^, 55^, 152^ to '97 ch.287. 5§
'05 ch.556, 21 Mr
d Col. Stock inspection com'rs may compel spraying, dipping or
quarantine of animal affected with contagious disease; lien for
charges. 2§ '05 ch. 12 2, 5 Ap
e Ga. Amdg. '74ch.i: on application of ordinary of county or
county com'rs Com'r of Agric. to appoint veterinary surgeon to
prevent spread of contagious disease of animals. 3§
'05 p.i2i, 22 Ag
f Id. Contagious diseases of domestic animals. 39§ '05 p. 39, 6 Mr
g Kan. Rev. G.S. '01 §7421, 7423, 7428-57 rel. to suppression of con-
tagious diseases among domestic animals. 32! '©5 ch.495, 4 Mr
h Me. Cattle Com'rs to inspect & report on sanitary condition of
stables. i§ '05 ch. 51, 11 Mr
i Me. Pure blooded cattle kept for breeding purposes to be recorded,
examined & tested with tuberculin. 4§ '05 ch. 83, 17 Mr
j Hon. Prevention & cure of scabies among certain domestic ani-
mals; inspection; dipping; penalty. 9§ '05 ch.7, 6 F
k Hon. Amdg. P.C. §3001 rel. to powers & duties of State Veterinary
Surgeon. i§ '05 ch.38, 27 F
Diseases of animals
1x44*46 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1 905
m Nev. Creating office of State Veterinarian to be appointed by Gov.
at $1800 salary; biennial report to Leg. i4§ '05 ch. 135, 15 Mr
n N. M. Salary sec. Cattle Sanitary Bd $1800; fees for recording
brands. 2§ '05 ch.30, 3 Mr
p N. M. Prevention & cure of scabies among horses, mules, asses &
cattle; infection districts; dipping. 9§ '05 ch. 31, 3 Mr
q K. M. Amdg. '97 §182 rel. to appointment & membership of Cattle
Sanitary Bd. i§ *oS ch.49, 10 Mr
r N. D. Amdg. R.C. '99 §1595-96, 1600 rel. to contagious diseases
among animals; veterinary districts; appointment of veterinarians;
quarantine. 4§ '05 ch.190, 28 F
s N. D. Amdg. R.C. '99 §1605 rel. to qualification of district veter-
inarian: diploma of approved college or certificate of State Bd of
Veterinary Medical Examiners [5 yrs practice in state] required for
appointment. i§ '05 ch. 191, 9 Mr
t N. D. Coimties may maintain public dipping stations for live stock.
7§ '05 ch.96, II Mr
u Okl. Amdg. S. '03 §24, 27 rel. to contagious diseases of animals:
quarantine line; Live Stock Sanitary Com'nto appoint 3 inspectors
I of different political party [i from each of 3 parties] ; 4 temporary
inspectors may be appointed. 3§ '05 ch.3 art.i, 2 P
y Or. Certain live stock may be shipped within state without inspec-
tion. i§ '05 ch.72, 13 P
w Pa. Veterinarians to report contagious diseases to Live Stock
Sanitary Bd: limit of compensation for animal killed by bd; inspec-
tion of herds & milk supply. 8§ *oS ch.56, 30 Mr
; z Pa. Amdg. '95ch.66§2: State Live Stock Com'n may conduct
investigations rel. to cause & prevention of diseases of animals. 2(
'05 ch.73, I Ap
y Pa. Appropriating $30,000 for investigations by Live Stock Sani-
tary Bd into cause, prevention & treatment of diseases of animals, a)
'05 ch.428, II My
z S. D. Suppression of contagiotis diseases among domestic animals.
i7§ *o5 ch.133. 24 F
zz Tenn. Amdg. '95 ch. 168 §2 rel. to prevention of contagious dis-
eases among animals: indictment by grand jury. x§ '05 ch.152, 4 Ap
za Vt. Amdg. '02 ch.85 rel. to diseases of animals: importation;
valuation of animals killed; compensation & reports of Bd of
Cattle Com'rs. 6§ '04 ch.146, lo'D
Z3 Wis. Amdg. *oi ch.440 §3 rel. to slaughter & appraisal of diseased
animals: animals affected with tuberculosis. i§ '05 ch.32, 27 Mr
Z4 Wis. Amdg. '01 ch.440 §2, 5, 6 rel. to Live Stock Sanitary Bd:
slaughter of diseased animals; indemnity to owners; biennicd [an-
nual] report. 3§ '05 ch.162, 3 My
Z46 Quarantine
a Cal. Animal with contagious disesise to be kept in inclosure
apart from sound animals. Adds Pen.C. §40 2d. i6§
•05 ch.573, aa Mr
Diseases of animal
PUBLIC SAFETY II47-7:
Z147 Indemnity
a Minn. Amdg. '03 ch.352 §13 rel. to slaughter of diseased live stock
& compensation of owner. i§ '05 ch.115, 6 Ap
b N. Y. Amdg. agricultural law '93011.338 §7oa rel. to compensation
of owners of animals killed to prevent spread of contagious disease.
i§ 'oS ch.167, 8 Ap
ZX48 Importation
a Pa. Amdg. '97 ch.82 §4 rel. to penalty for violation of laws for
inspection of dairy cows & breed cattle before importation. i§
•o5ch.76, 5Ap
b Wash. Amdg. '03 ch,i25 §1 as to special permit to allow unin-
spected horses, cattle or swine to be brought into state & subsequent
exam, by & fees of State Veterinarian. Adds §1^. 2§
*o5 ch.169, II Mr
c Wis. Importation of cattle for breeding or dairy purposes: cer-
tificate of inspection required; owner & railroad co. shipping un-
certified cattle to notify Live Stock Sanitary Com'n; cattle on
exhibition. 7§ '05 ch. 2 7 2, 31 My
1 150 Disposal of carcasses
See also X069, Nuisances
a Cal. Animal dying of contagious diseases to be immediately buried
or cremated; penalty for sale as food. 4§ '05 ch.303, 20 Mr
b Cal. Amdg. Pen.C. §374 rel. to destruction of carcass of dead
animal by fire. i6§ '05 ch.573, 22 Mr
€ Ney. Carcass of animal dying of contagious disease to be buried
or burned within 24 hrs; penalty; proviso. 3§ 'osch.i9,25F
1x51 Special diseases
ZZ55 Glanders. Farcy
a Ct. Amdg. G.S.'o2 §1345 rel. to sale of glandered horse. i§
'05 ch.164, 21 Je
b Ct. Suppression of glanders & farcy. Rep.G.S.'o2 §2812-13. 7§|
•05 ch.257, 19 Jl
c Vt. Horse having glanders not to be watered or fed at public
trough or hitched with other horses; town selectmen may order
killing. 2§ 'o4ch.i53,9D
1x69 Special animals
ZZ71 Btt%
a Id. Prevention of contagious diseases of bees. i3§
'05 p.170, 6 Mr
b Kan. County com'rs on petition of 25 apiarists to appoint inspect-
or; treatment of infected hives; penalty for violation of rules. 16}
'oS ch.71, 9 Mr
c N. M. Protection & disinfection of beehives; destruction for
foul brood or other contagious disease. 6§ '05 ch.43, 9 Mr
IX7X-8o N. Y. STATE LIBRARY INDEX OF LEGISLATION I90S
d Or. Bee inspectors; treatment of infected hives; penalties. §6
'05 ch.175, 21 P
e Wash. Inspection of apiaxy for foul brood ; destruction of infected
hive. 7§ '05 ch. 1 1 1, 9 Mr
1 177 Sheep
a Men. Protection of sheep industry; Bd of Sheep Com'rs; inspection
districts; quarantine; dipping. Rep.'gj p.gg; P.C. §3030-46. 29!
'05 ch.45, 28 F
b N. M. Certain sheep not to be trailed without permission of Sheep
Sanitary Bd ; reports of infected sheep & public buck herd ; penalties.
65 'o5ch.42,8Mr
c Tex. "An act to effectually eradicate scab ... " 4§
'05 ch.114, 15 Ap
d U. Rev. '03 ch.42 rel. to suppression of infectious diseases among
sheep. 175 *oS ch.26, i Mr
e Wy. Amdg. R.S.'99 §2077, 2087-2100 rel. to inspection of sheep
& treatment of infected animals. Rep. §2092. i2§ '05 ch.98, 21 F
"«« Control of waters
Set aUo Ills, Floods; 1384. Canals; 1388, Ferries and fords; 1393. Bridges; 1457,
vVeightsand meastires; z8oo. Navigation
a Ct. G.S.'o2 ch.283 rel. to reservoirs & dams not to apply to farmer
or hunting or fishing club constructing dam, or reservoir not over i
acre in area for cutting ice or breeding fish. i§ '05 ch.8o, 19 My
b Ind. Msdr. to lower level of fresh-water lake by ditch or drain or
interfere with dam or levee built to maintain level. 6§
*os ch.152, 6 Mr
c Mass. Amdg. R.L.ch.196 §4 as to filing of petition for damages
to land in another state caused by water confined in dam. i§
'05 ch.259, 5 Ap
d Mich. Incorp. of water & water power companies in Upper Pen-
insula. 175 '05 ch.283, 17 Je
e Mo. Amdg. R.S. '99 §8729-33, 8746, 8748, 8751, 8753 rel. to con-
struction & maintenance of dams for water power. 10 §
•05 p.232, 13 Mr
f N. J. Amdg. '04 (ex. sess.) ch.4 §7, 15 rel. to control of torrential
rivers by flowage & reservoirs; assmts.; bonds; maintenance. Rep.
513. 3§ *o5 ch.ioi, 5 Ap
g If. J. Prohibiting drawing off of fresh water by pipe or canal
for use outside state; State Geologist to enforce by injunction. 2{
'o5ch.238, II My
h N. C. Condemnation proceedings to secure water power for
mill; msdr. to obstruct drain, ditch or mill dam. Adds §a-m to
C. ch.43. i3§ '05 ch.534. 6 Mr
i S. D. Dam to have fish shute & waste gate ; regulations for open-
ing; penalty. 65 '0$ ch.96, 8 Mr
CONTROL OP WATERS
j Wis. State Forestry Com'n to make survey & exam, of streams
on forest preserves as to available water power; report. i§
'oS ch.95, 20 Ap
k Wis. Geological & Natural History Survey with U.S. Geological
Survey to ascertain amount of water power in state; report; $2500.
i§ '05 ch.47S, 20 Je
m Wis. Franchises granted by Leg. for erection of dams across
navigable streams to be forfeited unless exercised within 4 yrs. 2§
'05 ch.S2i, 20 Je
Z183 Irrigation. Water rights in arid states
a Ari. Rep. '01 ch.65 rel. to storage dam or reservoir in certain
cotmties. 3§ ' '05 ch.31, 15 Mr
b Cal. *'An act to provide for joint investigation with federal
gov't of water resources of state, & best methods of preserving
forests ..." 4§ '05 ch.157, i8Mr
c Col. Com'n to be appointed to survey Rio Grande rel. to con-
struction of irrigation reservoirs; report to U. S.; $1500. 2§
'05 ch.130, 7 Ap
d CoL After adjudication of water rights notice of subsequent pro-
ceedings served on adverse party to be substituted for publication.
i§ '05 ch.ii2, 10 Ap
e Id. Amdg. '03 p.223 jii: water rights to be forfeited by nonuse
or abandonment for 5 [2] yrs. i§ '05 p. 27, 23 F
f Id. Amdg. *99 p. 408 §19 rel. to procedure for securing land patent
for reclamation of arid land ; settler thereby entitled to water rights
sufficient for irrigation, ij *oSp.95,6 Mr
g . Id. Granting to U. S. right of way over lands for construction of
irrigation works; sale of lands tmder irrigation works; exemption of
water users ass'ns. 5§ '05 p.373, 8 Mr
h Id. Amdg. '99 p. 3 80 §29 rel. to regulation of water rates by
county com'rs: appeals to District Courts. i§ 'oS p.31, 9 Mr
i Id. Amdg. '03 p. 2 23 §9: exception to provision that water allot-
ment may not exceed i second-ft for each 50 acres of irrigable land,
ij 'osp.174, pMr
j Id. Amdg. '03 p. 223 §1,2, 19, 37 rel. to appropriation & diversion
of waters : permits & filing fees ; • date for beginning construction of
diversion works; adjudication of priority of rights. 4§
'oS p.3S7.9Mr
k Kan. Amdg. G.S.'oi §3713 rel. to penalty for wilful injury to
irrigation or domestic water supply works. Rep. §3728. 3§
'05 ch.277, 22 F
m Hon. Irrigable state land to be sold as directed by act of Congress ;
sales to U. S. 3§ '05 ch.53, 28 F
n Men. Court in certain cases to appoint com'r to adjust water
rights in accord with decree. 8§ '05 ch.64, 2 Mr
p Men. Com'n to be appointed to publish by 1906, revised irrigation
code; $500. 2§ '05 ch. qo, 4 Mr
N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
q Mon. Appropriation of water by individual. Adds C.C. §1903-4.
3§ '05ch.95.4Mr
r Mon. Reclamation of arid land with U. S. aid. 29!'
'05 ch.105, 8 Mr
8 Neb. $5000 appropriation for investigation of irrigation problems
by agent of U.S. Dep't of Agric. cooperating with Agricultural
Experiment Station, on like appropriation by Congress; State Bd
of Irrigation to direct expenditure. 5§ '05 ch. 3 14, 2 Mr
t Neb. Amdg. Ann. S. '03 §6764: 3000 copies of biennial report of
State Bd of Irrigation to be printed, a} '05 ch.164, 28 Mr
u Neb. Amdg. Ann. S. '03 {7314: if ntill dam is erected & kept in
repair for 10 yrs, title to land right to maintain mill dam to become
absolute. 2§ '05 ch.ioi, 30 Mr
V Neb. Grranting to U. S. right of way over lands for purposes of
constructing & operating irrigation works. i§ '05 ch. 15 2, 3 Ap
w Neb. Regulating fees for services of sec. of State Bd of Irrigation.
i§ •osch.167, 3 Ap
z Neb. State Bd of Irrigation to use seal for papers requiring cer-
tification; certified copy to be received in evidence as original, ij
'05 ch.i68, 3 Ap
zx Nev. Appropriation of water to be approved by State Engineer;
appeals; certificates to be recorded; water to remain appurtenant to
land. Adds §23-28 to '03 ch.4. Amds. §18. Rep. §2. 9§
'05 ch.46, I Mr
za N. M. "An act to aid in establishing permanent reservoir for
irrigating purposes at or near Elephant Butte & for ^he improvement
of the Rio Grande ..." 7§ '05 ch. 57, 13 Mr
xs N. M. Msdr. to wilfully injure ditch pipe or reservoir or con-
taminate domestic water supply. 3§ '05 ch.91, 16 Mr
Z4 N. M. Irrigation law. 42 § '05 ch. 102, x6Mr
Z5 N. M. Appropriation or diversion of water. 35
*o5 ch.104, 16 Mr
z6 N. D. Irrigation code. 64 § '05 ch. 34, i Mr
z7 Okl. Gen. irrigation law. 55 § '05 ch.21 art.i, 25 F
z8 Or. Authorizing U. S. to lower level of certain waters for irriga-
tion purposes & ceding to it land uncovered. 2§ '05 ch.s, 20 Ja
y Or. Penalty for malicious or wanton injury to ditches & other
water ways or taking water therefrom. Rep. Ann.C. & S. (1820.
2$ '05 ch.144, 21 F
yi Or. Appropriation of water for irrigation by person or corp. or
by U.S. adjudication of water rights; State Engineer; hydrographic
& topographic surveys. i4§ 'o5ch.228,22F
y2 S. D. Gen. irrigation law. 61 § '05 ch. 132, 3 Mr
73 U. Utah Agricultural College to experiment for 2 yrs with U. S.
Dep't of Agric. in the irrigation & reclamation of alkali & water-
logged land; reports. 6§ *o5 ch.13, 21 F
y4 U. Amdg. '01 ch.59 §2: state reservoirs to supply state & other
land in discretion of Bd of Land Com'rs. ij '05 ch. 68, 9 Mr
y6
U.
n
Wy.
voir.
y8
Wy.
i§
z
Wy.
CONTROL OF WATERS
75 U. Rep. '©3 ch.71 rel. to Arid Land Reclamation Fimd Com'n.
*o5 ch.70, 9 Mr
Rev. '©3 ch.ioo rel. to irrigation. 74§ '05 ch. 108, 9 Mr
Amdg. '©3 ch.69 §7 as to charge for use of water in reser-
Rep.§9. 2§ *oS ch.14, 8 F
Amdg. R.S.*99 §887 rel. to fees of Bd of Control of Irrigation.
•©5 ch.26, 15 F
. Condemnation of land for storage reservoir. 2§
'©5 ch.29, IS F
zi Wy. Com'n to be appointed to codify laws rel. to water rights;
report to Leg. of 1907; $300. 3§ '05 ch.32, 15 F
Z2 Wy. Amdg. R.S.'99 §895 rel. to acquisition & abandonment of
water rights. i\ '05 ch. 39, 15 F
Z3 Wy. Amdg. R.S.'99 §942 as to time for beginning work on certain
irrigation canals. z§ '05 ch.79, 21 F
Z4 . Wy. Prohibiting transfer of water rights injurious to 3d person;
recording of transfer; injunction to prevent interference. 6(
*©5 ch.97, 21 F
ZZ85 DiBtrictB. Locate construction
a Cal. Bd of directors of irrigation district may pledge works paid
for by taxation as sectirity for bonds, '93 ch.148, 11 Mr, amdg. '87
ch.34 §17. Unconst. Deprives district landowners of property with*
out due process of law & iihpairs obligation of contract. Merchants
Bank of San Diego v. Escondido Irr. Dist. 77 P.937 (1904).
b Cal. Amdg. '97 ch.189 (78 as to exclusion of certain city & town
land from irrigation district. i§ '05 ch.33, 28 F
c Col. Organization of irrigation districts. 55{ '©5 ch. 113, 3 My
d Id. Procedure by which land within irrigation district too high to
water from district irrigation works may be excluded from district.
5§ '©5 p. 2 2©, 9 Mr
e Id. Amdg. '©3 p. 15© §59 rel. to assmt. of state lands within irri-
gation district; sale of such lands. 3§ '05 p.378> 9 Mr
f Neb. Adndg. Ann S. '03 §6825, 6831 rel. to irrigation districts:
election of bd of directors; bd may acquire by purchase or condem-
nation property required for canals, power plant, etc. ; issue of warrants
limited to 9©% of annual levy; additional levy for pajrment of overdue
obligations. Adds §684©a. 4} '©5 ch.i66, 29 Mr
g Neb. Amdg. Ann.S.'©3 §6822: irrigation district may be formed
on majority vote of electors owning 10 [4©] acres or leasing 40 [80]
acres of land in district. 2} '05 ch.165, 4 Ap
h Tex. Organization & gov't of irrigation districts. 92!
'©5 Ch.l22, 1$ Ap
1 186 Irrigation companies and associations
a Hon. Certain water users ass'ns to pay $1© license fee in lieu of
incorp. & franchise tax. 2§ '©5 ch. 6 6, 2 Mr
b Hon. Books for recording articles of incorp. & stock certificates
of water users ass'ns; fees. 2§ '©5 ch.68, 2 Mr
Drainage
1x86-92 N. Y. STATE LIBRARY INDEX OP LEGISLATION IQOS
c Neb. County clerks may accept books, containing printed copies
of incorp. articles & forms of subscription to stock of water users
ass'ns & use books for recording stock subscriptions; fees. z{
'05 ch.48, I Ap
d If. M. Amdg. *oi ch.27, '03 ch.114 as to filing & publication of
articles of incorp. of water users ass'n. 3§ '05 ch. 15, 22 P
e If. M. Amdg. C.L.'q; §481 rel. to dissolution of irrigation corp.
i§ *o5 ch.92, 16 Mr
f If. D. State, & various political divisions may become members
of water users ass'ns; right of way granted across state & school
lands for constructing iriigation works. 2§ '05 ch. 193, 7 Mr
g ' U. Amdg. R.S.'qS 53S9"-6o: irrigation co. need not publish notice
of assmt. on capital stock. 2§ '05 ch.27, i Mr
ZZ87 Cleaning. Repairing
a Cal. Persons using water conduit in common are liable to con-
tribution for expense of maintenance; recoverable by action. Adds
§842-43 to C. C. 2$ '05 ch.440, 21 Mr
Z188 Waste
a Ifev. State Bd of Irrigation to investigate with U. S. Dep't of
Agric. loss of water in irrigation ditches & remedy; $2000. 5§
'05 ch.95, 17 Mr
ZZ89 Artesian wells
a Mich. Prevention of waste of water from artesian or flowing wells*
35 '05 ch.107, 10 My
b Ifev. "An act to provide for sinking, boring & development of
wells in southern Nevada," 5$ '05 ch. 151, 24 Mr
c If. M. "An act to regulate use of artesian wells & to prevent waste
. . . of water . . ." i2§ '05 ch.17, 22 P
X192 Drains. Dikes. Levees
See also 1071, Nuisances; 1183, Irrigation; a66x, Sewerage; 2730, Roads
a Ari. Bds of Supervisors may protect life & property from floods
by constructing dikes & levy tax for cost, 4§ '05 ch. 44, 16 Mr
b Cal. Amdg. P. C. §3446: reclamation district may be formed of
land subject to flood or overflow, i§ '05 ch.72, 7 Mr
c Fla. Creating Bd of Drainage Com'rs to reclaim swamp & over-
flowed lands; organization of drainage districts. 4§ '05 ch.6, 27 My
d Fla. Submitting amdt. to Const. 1885 art. 16 by adding §32-35:
creating Bd of Drainage Com'rs & drainage districts; lien for taxes;
assmt. of benefits. Vote Nov. 1906. 4§ '05 p.435i a7 My
e HI. Drainage com'rs may acquire & operate dredge boats. i{
'05 p. 195, 16 My
f m. Amdg. *85 p. 7 7 576 rel. to formation of drainage district, i}
•05 p. 195, 18 My
g Ind. County to appoint drainage com'r; petitions for drainage;
procedure; assmts; bonds; drainage on state lines. i4§
'05 ch.157, 6 Mr
CONTROL OF WATERS
h Kan. On petition of } taxpayers county com'rs may form drain-
age district; control of waters; taxes; bonds. 58$ *osch.2i5,2aF
i Mich. Amdg. '97 ch.254 pt3 §6 rel. to service of citation as to pro-
posed drain, on railroad co. & non-resident. i§ '05 ch.87. 3 My
j Mich. Amdg. '03 ch. 5 6 § i rel. to securing right of way for drain, i §
'05 ch.123, 17 My
k Iftinn. City of 50,000 may divert course of stream & control flow;
assmt. of damages. 23 § '05 ch.18, 28 F
m Iftinn. Letting contract for drainage ditches under *oi ch.2s8. 3$
'05 ch.84, 30 Mr
n Minn. County having constructed drainage ditch under *oi ch.258
may extend it to new outlet & levy assmt. to cover cost, i §
*oS ch.145, II Ap
p Minn. On petition of 6 landowners county may construct public
drainage ditch & assess benefit ; bonds; building contracts; surveys.
63$ *os ch.230, 18 Ap
q Iftinn. Amdg. *oi ch.258 ji : county com'rs in case of necessity may
run drainage ditch through city or village. i§ '05 ch.311, 19 Ap
r Mo. Amdg.R.S. '99 §8278-96, 8298-8301 rel. to drainage of swamp
& overflowed land. Adds 583oia-e. 28$ '05 p. 180, 7 Ap
s Mo. Amdg. R.S.*99 §8251-53, 8259-63 rel. to drainage districts.
Adds 8253a-d, 8259a-b, 8263a-r. 31$ 'oS P190, 8 Ap
t Men. *'An act to provide for construction & maintenance of drains
& collection of taxes therefor." 97 § '05 ch.io6, 7 Mr
u Keb. Rev. '03 ch.ii6 rel. to organization & gov't of drainage
districts. 38 § *05 ch.i6i, 29 Mr
V Ifeb. Amdg. Ann. S '03 §5543 rel. to construction of open ditch or
drain by landowner. 2$ '05 ch. 160, 3 Ap
w If. M. Protection of property from waters of Rio Grande; river
com'rs; taxes; citizen labor. Rep. C. L. '97 §807-17. i6§
'05 ch.i8, 22 F
Amended. v '05 ch. 3 5, 8 Mr
X If. M. County fund for construction of works for protection against
flood; taxation of land benefited. i4§ 'o5ch.i9,22F
Amended. '05 ch.44, 9 Mr
y N. C. Formation of drainage districts; penalty for obstruction of
streams; assmts. 9§ '05 ch.541, 6 Mr
yx N. D. Bds of drain com'rs of 2 or more counties may construct
drains from joint ditches. Adds R.C.'99 §i46ia. i§ *o5 ch.97, i Mr
ya Okl. **An act to enable owners of lands to drain & reclaim them
when same can not be done without affecting lands of others . . ."
23! '05 ch.i6 art.2, 10 Mr
y3 Okl, Approval of construction of ditches or drains by judge of
Probate Court, before becoming county property: town trustees
to have charge. Adds S. '93, ch.71 §9. 2§ '05 ch.i6 art. i, 13 Mr
y4 Or. Amdg. Ann. C.& S. §4360-64 rel. to com 'n to arrange drainage
system where same may injure adjacent land. s§ '05 ch.149, 21 F
Drainage
1193-96 N. Y. STATE LIBRARY INDEX OP LEGISLATION I90S
75 S. D. Submitting amdt. to Const. 1889 art. 21 by adding §6: Leg.
may provide for drainage of agricultural lands, organize drainage dis-
tricts & authorize special assmts. to maintain. Vote Nov. 1906. z§
*oS ch.70
76 S. D. Establishment & maintenance of county drainage worlcs.
29§ '05 ch.98, 7 Mr
77 Tex. Creation & maintenance of drainage districts. 19 §
'05 ch.iio, 15 Ap
78 U. Rev. R.S.*98 §760-79 rel. to drainage districts. 20$
'05 ch.124, 17 Mr
z Wash. Amdg. '95 ch.iis §3, s, 9, 24 rel. to establishment, exten-
sion & cost of maintenance of drainage district. 4$ '05 ch.175, 13 Mr
zi Wis. Amdg. S.*98 §1362 as to time for filing map of proposed town
drain. i{ '05 ch.47, 39 Mr
Z2 Wis. Consolidating drainage district laws. Rep. S.'98 §1379 sub-
div. 11-28, 30, '01 ch.43, 50, '03 ch.70, 116. 45§ '05 ch.419, 17 Je
Z193 Corporations
a Del. Amdg. *oi ch.167 §71 rel. to incorp. of co. for draining &
reclaiming lowlands. i§ '05 ch.154, ao Mr
1 1 94 Assessment
a Cal. Amdg. P.C. §3463: assmt. list of reclamation district prima
facie evidence of contents. i§ '05 ch.6i, 6 Mr
b Cal. Amdg. P.C. S3461: mistake in owner's name not to invalidate
assmt. in reclamation district. i§ *oS ch.63, 6 Mr
c Cal. Amdg. P.C. §3457 as to collection of warrant issued by trus-
tees of reclamation district, ij '05 ch. 71, 7 Mr
d Fla. Enlarging powers of county com'rs to make assmts. for
drains. 13$ '05 ch.7, 10 Je
e Id. Amdg. '03 p. 256 §29: drainage assmt. to be collected by
cotmty cusessor [treasurer]. i§ *o5p.227,9Mr
f UL Drainage com'rs may levy special assmt. for pumping plant.
2§ 'oS p.197, 13 My
g N. Y. Amdg. R. S. pt 3 ch.8 t.i6 {29 as to new assmt. to repair or
enlarge drainage works, ij '05 ch. 3 2 5, 25 Ap
h Wash. Amdg. '01 ch.66 §25 rel. to assmt. of state, school &
granted land for drainage purposes. 3§ '05 ch. 127, 9 Mr
IZ95 State ditches
a Minn. Rev. '01, ch.90 rel. to drainage of swamp lands.
•05 ch.io6, 5 Ap
b Iftinn. State Drainage Com'n to employ engineer to draft system
of drainage for swamp lands; report to com'n by Nov. 1906.
'05 ch.159, 13 Ap
IZ96 Cleaning. Repair. Obstruction
a m. Collector to add $10 drainage tax for each 40 acres where
owner has not cleared stream. R.S.'99 ch.42 §200-1. Unconst.
Confuses judicial & administrative functions; deprives of property
Rates. Discrimination
TRANSPORTATION XI96-I205
»
without due process of law. Cleveland C. C. & St L. R. Co. v. People
72 N. E. 725 (1904).
b Keb. Amdg. C.S.*o3 §6204 rel. to obstructing county drain or
ditch: penalty $io-$5o [$25]. 2§ *o5 ch.159, 9 Mr
1x97 Levees. Dikes
5«» alio X 1 1 3 , Floods
a Cal. ** An act to provide for the formation of levee districts . . .
& to provide for the erection of works for the purpose of protecting
the lands within such districts from overflow . . ." 16$
*o5 ch.310, 20 Mr
b Cal. Creating Sacramento drainage district ; management ; assmts.
3o§ '05 ch.368, 20 Mr
c Ind. Granting right of eminent domain for levee building: penalty
for riding or driving on levee. 3§ '05 ch.iii, 4 Mr
d Ind. Amdg. '89 ch.67 (i, 12-13, ^Si 24> '9 ^' ^o incorp. of levee or
dike ass'n; county bonds; assmts. 6§ '05 ch. 168, 9 Mr
e Kan. Amdg. '93 ch.104 §2*, 5 rel. to construction of levees. 3}
'05 ch.2i6, 7 Mr
f Or. Amdg. Ann.C.& S. §5108 rel. to appropriation of land by city
or town for dike to protect against freshet. 2§ *o5ch.i5,3F
g Or. Amdg. Ann.C. & S. {4685, 4689-91 rel. to petition for form-
ation of diking district ; apportionment & payment of assmts. ;
sup 't of dikes. Rep. §4699. 5§ '05 ch.199, 21 P
h Wash. Amdg. '95 ch.i 17 §3, 27 rel. to formation of diking districts.
2$ '05 ch.87, 6 Mr
1 1 99 Hot springs. Mineral waters
a W. Va. Amdg. '73 ch.97 : vesting management of mineral springs
& state property at Capon Springs, in Capon Springs Com'n.
'05 ch.65, 15 F
Z200
Transportation and communication
See also 1800. Naviffation
a Ifeb. Submitting amdt. to Const. 1875 by adding art. providing
for State Ry. Com'n to consist of 3 member selected in Nov. 1906 for
6 yr term ; to regulate rates, service & control of common carriers ; pro-
vision in case no specific law is passed by Leg. Vote Nov. 1906.
3§ 'OS ch.233, 4 Ap
b Wis. Regulating business of railroads & common carriers. Rep.
S.'98 §128, 1793. 1803- 38§ '05 ch.362. 13 Je
Z304 Rates. Discrimination
X205 Discriminations
a Minn. Msdr. for carrier to discriminate in freight rates by giving
rebate or pass or for shipper to accept same. i§ '05 ch. 17 7, 14 Ap
b Ifeb. Prohibiting discrimination by railroad co. in shipping
merchandise, or in operating grain elevators; apportionment of cars.
Rep. Ann. S. '05 §10007, looio. 7§ '05 ch.105, 4 Ap
Rates.. Discrimination
r2I2-35 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
1212 Rates (general)
a Kan. Maximum rates for transportation of crude oil. 3§
•05 ch.3S3. 17 P
b Kan. Bd of Railroad Com'rs to make comparative investigation
of railroad rates in Kan., Mo., 111., la., Neb. & Tex.; report to Gov.
within 6 mo. '05 ch.540, 3 Mr
c Minn. "An act giving to Railroad & Warehouse Com'n jurisdiction
over freight rates & classifications, & power to inspect books of com-
mon carriers . . ." 9§ '05 ch.176, 14 Ap
d Mo. Rates for transportation of undressed stone, crushed rock
& bricks. Adds R.S.'qq §ii9Sa. i§ '05 p. 104, 14 Ap
e Mo. Amdg. R.S.'99 §1194 r©!- to regulation of railroad freight
charges; penalty. Adds §1194 a-b. 3§ '05 p. 102, 15 Ap
1227 Passenger rates
See also 1365, Street railways
a Ct. Amdg. G.S.*02 §1428: penalty for refusal to pay fare to com-
mon carrier on demand. i§ '05 ch. 7 2, 18 My
b Mon. Railroad passenger rates; mileage books; penalty. 5§
*o5 ch.87, 4 Mr
c Wash. Maximum railroad passenger rate 3c a mile for adults;
ijc for children under 12; exceptions. 4$ '05 ch.113, 9 Mr
Z229 Counterfeiting. Stealing
a Or. Msdr. to forge or counterfeit railroad ticket or pass or restore
& use same after cancelation. 2§ '05 ch.20, 3 P
b. Or. Amdg. Ann. C.& S. §x798: larceny to steal ry. or steamboat
ticket or pass. i§ '05 ch.21, 3 F
Z232 Mileage books
a Iftinn. Mileage tickets good till used & transferable by delivery;
CO. liable only if legally used. , 2§ '05 ch.221, 17 Ap
b Vt. Issue of mileage books by railroads. Rep. S. §3898-3900. 55
'04 ch.95, 9 D
Z233 Redemption
a Or. Sale & redemption of railroad tickets; penalties. 9§
'05 ch.231, 22 P
1235 Ticket scalping
a Tenn. Msdr. to deal in nontransferable signature tickets issued by
common carriers; latter to redeem unused or partly used tickets;
proviso. 3§ '05 ch.410, 14 Ap
b Tex. "An act prescribing how & by whom tickets on railroads shall
be sold & providing for redemption of tickets . . . unused. . .*'
'93 ch.73 2 My. Unconst. §3 declared void in Jannin v. State 51
S.W. 1 1 26; act in furtherance of single scheme & therefore wholly
void. Texas & P. Ry. Co v. Mahaffey, 84 S.W. 646 (1905).
c Wash. Regulating sale & redemption of railroad ticket. 8§
'05 ch.180, 14 Mr
Common carriers
TRANSPORTATION X 237-47
Z237 Passes. Franks
See also 1365. Street railways
a If. C, Amdg. '99 ch.164 §22: transportation corp. may exchange
passes for advertising space in newspaper, ij 'oSch.3i2,27F
b S. C. Amdg. Crim. C. §204-5: Com'r of Agric. Commerce &
Immigration may accept railroad pass. 2$ '05 ch.445, 21 F
c Tex. Submitting amdt. to Const. 1876 art.3 §24 : prohibiting accept-
ance of privileges from telegraph or telephone co. or common carrier. .
Vote Nov. 1906. li 'oS p.412, IS Ap
d W. Va. Amdg. C. ch.ii §7 as to provision prohibiting judge of
Supreme Court of Appeals or of Circuit Courts to accept free trans-
portation for himself or family. i§ '05 ch.85, 22 F
e Wis. Amdg. '99 ch.357 prohibiting use of free pass by public of-
ficer: free pass defined. Adds S.'98 §4SS2a. i§ '05 ch.486, 20 Je
Z238 Race distinction
See also 122, Civil ri^^hts
a Fla. Separate accommodations to be provided for white & colored
passengers on street cars. 9§ '05 ch. 49, 19 My
b S. C. Msdr. for conductor of electric ry. to refuse to separate races.
3§ '05 ch.477, 7 Mr
c Tenn. Separate provision for white & colored races on street cars.
5§ 'OS ch.150, 4 Ap
Z240 Miscellaneous. Common carriers
a Mo. Regulating demurrage & storage charges & to prevent delay
in furnishing cars & in transportation & delivery of certain freight by
rail. 9§ '05 p. 109, 12 Ap
b K. C. "An act to regulate manner in which common carriers. . .
shall adjust freight charges & claims for loss or damage to freight.'*
55 *o5 ch.330, 28 F
c Okl. "An act to regulate demurrage & storage charges, to prevent
delays in furnishing cars & in transportation & delivery by railroads
. . ." loj 'oS ch.io art.2, 15 Mr
1242 Appropriation by common carrier
a Kan. Payment by railroad for coal or merchandise confiscated by
it. 2§ '05 ch.343, 4 Mr
X244 Baggage
a Cal. Amdg. C. C. §2180, 2195 rel. to duty & liability of common
carrier of passengers in transportation of baggage. 2 §
'05 ch.4S5, 21 Mr
1247 Loss or damage
a Fla. Railroad co. failing to pay claim for loss or damage within 90
days, to pay 25 % interest on judgment in excess of amount offered by
it in settlement. 2§ '05 ch.53, i Je
b Ga. Initial or connecting carrier to trace cause of damage to freight
& report to shipper or be liable for loss. C.'95 §2317-18. Unconst
Common carriers
1247-64 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
as to interstate commerce, violating commerce clause of Federal Const.
Central of Ga. Ry. v. Murphey, 196 U. S. 194 (1905).
c Ind. Safe delivery of property to carrier prima facie evidence
of negligence in action for damage; contract limiting liability affir-
mative defense. 3§ '05 ch.47, 27 F
d Mo. Amdg. R.S.'99 §5222: suit for damages to property trans-
ported by connecting carriers may be brought against all in any
county. i§ '05 p.53, 31 Mr
e Tex. Amdg; & supplementing '99 ch.i2S rel. to action for injury to
passenger or freight transported by 2 or more common carriers;
venue; service on foreign ry. corp. 3§ '05 ch. 25, 13 Mr
1249 Prompt shipment
See also 1307, Supply of cars
a Ga. Railroad Com'n to regulate forwarding & delivery of freight by
railroads; furnishing of cars to shippers. 5§ '05 p. 120, 23 Ag
b Mass. Carrier subjected to trustee process not liable in absence of
fraud for failure to ship goods attached. i§ '05 ch. 3 2 4, 21 Ap
c Mo. Railroad to note time of receipt of freight-on-way bill; failure
prima facie evidence of negligence. 2$ '05 p. 102, 8 Ap
d If. C. Amdg. '03 ch.S9o §3: defining ** reasonable time" for trans-
mission of freight by common carrier; forfeitures for delay, ij
*o5 ch.S45, 6 Mr
Z253 Special commodities
1260 Live stock
See also 896, Cruelty to anim&ls
a Cal. Msdr. to transport cattle, sheep or swine in carload lots longer
than 36 hrs without tmloading for 10 hrs rest; lien for charges. Adds
Pen. C. §369b. ij '05 ch.512, 21 Mr
b' Fla. Railroad Com'n to regulate transportation of livestock. 75
'osch.si. 5 Je
c Kan. Railroad to furnish free roimd trip transportation to i stock-
man with carload of cattle & i additional for every 4 cars not to
exceed 4 on train. 3$ '05 ch.354, 7 Mr
d Neb. "An act defining the duties of . . . railroads ...
in . . . transportation of live stock; accommodations for ship-
pers . . . penalty." 4§ *oS ch.io6, 9 Mr
e Neb. "An act to regulate carrying of livestock . . . minimum
rate of speed . . . damages ..." 2$ '05 ch.107, 30 Mr
f Neb. Stock yard co. or persons to unload yard live stock
within i^ hrs after arrival at yard. 2§ '05 ch.5, 4 Ap
g Vt. Railroads to build sheds supplied with running water for live
stock; com 'rs to select location; appeals; penalty. 4§ '04 ch. 96, 9 D
1264 Wood. Lumber
a Wash. Railroad carrying lumber to deduct 1000 lb a car for weight
of appliances for safe carriage; penalty. 4§ '05 ch.124, 9 Mr
TRANSPORTATION
b Wash. Lumber car to be weighed separately at junction or com-
mon point in state. Rep. 'oi ch.144. 6§ '05 ch. 126, 9 Mr
Roads. Streets
See 3700
Z267 Railways. Car companies. Express
Chiefly ste'un roads bttt many of the general laws and special provisions include all
kinds of railways. See also 500, Corporations; 841, 845. Taxation; 1403, Bridges;
3040, Labor
a Cal. Motive power of railroad may be changed; mtm. consent;
forfeiture of franchise for nonuser; lease & joint operation; rates.
AddsC.C. §465a, 473a; amds. §468, 481, 489. §5 '05 ch.423, 21 Mr
b Ct. Power of railroad co. to hold & t^e land. Rep. G.S.*02
§3658-69, 3672-79. 3§ '05 ch.i26, 7 Je
c Ga. Amdg. '79 p.125 §2: salary of sec. of Railroad Com *n ^1^00
[$1200]. 2§ '05 p.95, 21 Ag
d Ind. Creating State Railroad Com'n to supervise freight & p€is-
senger rates & service; appeals. 25 § . '05 ch.53, 28 F
6 E[an. Amdg. '01 ch.286 §2, 4, 18: gen. railroad law. Rep'. §8.
i8§ '05 ch.340, 7 Mr
f Mass. Amdg. R.L. ch.9 §7: 4300 [4250] copies of report of Rail-
road Com'rs to be printed annually. 2§ '05 ch. 138, 7 Mr
g . Mich. Street ry. or railroad co. may operate boats to complete
route. 2§ '05 ch.is6, i Je
h Mich. In suits by or against railroad co. books subject to inspection
by Atty. Gen. 6§ '05 ch.i6o, i Je
i Minn. Salary of Railroad & Warehouse Com'r $j6oo [$3000]. 2§
'05 ch.240, 18 Ap
j Minn. "An act authorizing State Railroad & Warehouse Com'n to
. . . prosecuteproceedingsbeforeU.S. Interstate Commerce Com'n."
2§ '05 ch.279, 18 Ap
k Mo. Amdg. R.S.'99 §1208: salary of sec. of State Railroad Com'n
$2000 [1500]. i5 ' jos p.114, 27 P
m Neb. Amdg. C.L.'o3 §2009, 2015, 2031-36, 2041, 2047 rel. to rail-
roads: electric roads; eminent domain; appeal. ii§
'05 ch.40, 25 Mr
n If. Y. Amdg. railroad law '90 ch.565 §2,7 rel. to incorp. of railroad
CO.; acquisition of property. 3§ '05 ch.727, 3 Je
p If. Y. Amdg. railroad law '90 ch.565 5i5o, 156, 169, 170: Bd of
Railroad Com'rs to consist of 5 [3] members; traveling expenses
$900 [$500]. 4§ '05 ch.728, 3 Je
q If. C. Amdg. C. §1933, '01 ch.2 §97: railroad applying for
incorp. by act of Gen. Assembly to deposit dotible amount of organ-
ization fee [$50] with Sec. of State. Rep. §2004. 4§
'05 ch.i68, 13 F
r N. C. Amdg. C. §1932: 6 [25] persons may form corp. tmder gen.
railroad law. ij '05 ch.187, 15 F
8 Pa. Railroad may deal in water co. stock to secure adequate water
supply. i§ '05 ch.184, 22 Ap
Railways
1267-82 s, Y. STATE LIBRARY INDEX OP LEGISLATION I9OS
t Tex, Amdg. R.C.S.'gS, art. 64 2 rel. to terminal ry. co. i§
*o5 ch.109, 9 My
u Wash. Creating State Railroad Com'n to regulate rates, service
etc.; annual reports to Gov. 275 '05 eh. 81, 7 Mr
xa68 Corporate organization and power
See 1267
1271 Conditional sale of equipment
a Col. Amdg. '85 p.302 §1,4: lien on conditional sale of railroad
equipment valid for 25 [10] yrs; property to be taxed in state. 3§
'05 ch.129, 10 Ap
b Id. Conditional sale, lease or hire of railroad & street railroad
equipment & rolHng stock. 4§ '05 p. 154, 7 Mr
c U. Vendors lien in conditional sale & delivery of railroad equip-
ment or rolling stock. 3$ '05 ch.4, 11 F
1272 Consolidation, sale, lease
a CaL Rep. C.C. §494 rel. to sale of railroad property & franchise;
proviso. i§ '05 ch.425, 21 Mr
b N. Y. Amdg. railroad law '90 ch.56s §78: notice of proposal to
lease railroad must be given in call for annual meeting. i§
'05 ch.695, 2 Je
1274 Encroachment. Prescriptive rights
a Cai. Msdr. to drive or ride along railroad right of way without
authority. Adds Pen.C. §369g. 16$ '05 ch.S73, 23 Mr
b Ct. Adverse possession by or against railroad or street ry. gives no
title. 2§ *o5 ch.i, 16 Mr
Z278 Officers
a Kev. Amdg. '65 ch.146 §5: i [a majority] director of railroad must
be resident, ij '05 ch.93, 16 Mr
1279 Stocks, bonds, mortgages
a Ari. Amdg. R.S.'oi §866: railroad bonds to cover construction
cost not to exceed amount of authorized capital. 2$ '05 ch.42, 16 Mr
b Ct. Issueof bonds by railroad or street ry. Rep. G.S.'o2 §3804-6,
3808. 3848. 4§ '05 ch.149, 21 Je
c Kan. Domestic railroad corp. may issue bonds for any lawful
purpose secured by mortgage on property & franchise, ij
'05 ch.344. 9 Mr
d U. Amdg. R.S.'98 §443 : ^ o^ directors of existing or future
railroad corp. may issue or increase preferred & special stock & in-
come certificates with assent of majority [f] of common stock. i§
'05 ch.29, 3 Mr
1280 Public ownership and aid
1282 Public aid. Exemptions. Subscription to stock
a Fla. "An act to encourage & secure construction of . . . ry,
from mainland . . .to Key West . . ." 7§ '05 ch. 2 2 4, 3 My
TRANSPORTATION
b Id. Submitting amdt. to Const. 1889 art. 8 §4: local divisions may
vote donations to railroads on submission to voters at special election ;
provisos. Vote Nov. 1906. 4§ '05 p.435, 10 Mr
1283 Exemption from taxation
a Id. Submitting amdt. to Const. 1889 ^^^-7 §8: railroads hereafter
constructed may be exempt from taxation for 10 yrs from beginning
of construction. Vote Nov. 1906. 3§ '05 p.440, 3 Mr
1286 Supervision and regulation
See ia67
Z288 Construction
1289 Branch roads. Side trackB
a Cal. Mun. corp. may grant right to construct private spur track to
railroad. i§ '05 ch.548, ai Mr
b Kan. "An act to provide for construction of side tracks . , .
to grain elevators or flouring mills, warehouses & manufactories . . .
or in lieu thereof for construction & maintenance of such buildings on
right of way of such railroad . . ." 8§ '05 ch.350, 25 P
c Kan. Bd of Railroad Com'rs to make necessary regulations for
construction & maintenance of side tracks to mills & elevators. 5 {
'05 ch.351, 9 Mr
d Me. Amdg. R.S.'o3 ch.51 §30 rel. to railroad branch tracks. i§
'05 ch.127, 21 Mr
e S. C. "An act to require railroad co. to construct, maintain &
operate industrial side tracks." s§ '05 ch. 480, 4 Mr
Z294 Terminal facilities
a Wis. Amdg. S. '98 §1802: railroads to furnish side tracks connec-
tions to shippers. i§ '05 ch.386, 17 Je
Z295 Location. Right of way
a Ct. Change of location of canal or water course by railroad. 4§
'05 ch.104, 25 My
b Ifev. Amdg. '65 ch.146 §20: railroad incorporated under law of
any state, territory or U. S. to have right of way over state land;
articles to be filed in counties passed through. i§ '05 ch. 144, 23 Mr
c Wy. Amdg. R.S.'99 §3207 rel. to railroad right of way over state
land; joint use of tracks in certain canyons. i§ *oS ch.70, 21 F
1297 Eminent domain. Damages
See also 38a, Eminent domain (general)
a W. Va. Amdg. C. ch.52 § 14: railroad co. who may enter on lands
to obtain construction materials, may take water & condemn land
for reservoirs etc.; proceedings; provisos, ij '05 ch.41, 22 F
1298 Franchise
a If. M. Reenacting C.L.'97 §3910: contracts of railroads abridging
franchise void as against public policy. i§ *oSch.ii3,i6Mr
Railways
Z3OZ-14 K. Y. STATE LIBRARY INDEX OP LEGISLATION I90S
Z30Z Traffic regulatLona
a Mo. Railroad & warehoiise com'rs to regulate train schedule at
certain terminals & require erection of suitable stations at such points.
a{ '05 p. 108, 10 Ap
Z303 Railroad stations
1304 Name
a Minn. Ry., telegraph & express co. station to bear name of place of
location unless confusing; penalty. 3$ '05 ch.253, z8 Ap
Z305 Required stations. Agents
a Men. Ry. must maintain station at platted town site of zoo in-
habitants. 2{ '05 Ch.36, 31 P
b OkL Railroad running within 3 m. of county seat to build line
through covmty seat & establish depot. 3} *o5 ch.io art.4, 15 Mr
Z307 Supply of caiB
Ste also xa49. Prompt shipment; zass. Special commodities
a E[an. Amdg. G.S.'oi §5982 rel. to furnishing of railroad cars to
shippers & transportation & delivery of freight. ii§
•05 ch.345. 4 Mr
Z308 Train service
1309 Connections
a Mo. Amdg. R.S.*99 §1210: railroads [competing co.] must make
reasonable connections, ij '05 p.ioi, 14 Ap
Z3Z0 Required trains. Stops
a Mo. Railroad & warehouse com*n may order railroad to stop ade-
quate number of trains at any station; penalty. Adds R.S.'99
§i2i9a-f. 6§ '05 P.Z04, 6 Ap
b N. D. Amdg. R.C.'99 §2967 requiring ry. corp. to run train each
week day over each line: certain rys. & branch lines excepted. iJ
'05 ch.152, 9 Mr
Z3ZZ Train bulletins
a Minn. Railroad to post 20 minutes before train time, schedule time
& lateness over 10 minutes; proviso. 3§ *o5 ch.287, 19 Ap
Z3Z2 Transfer facilities. Connections
a Me. Amdg. R.S.'o3 ch.52 §10: railroads intersecting each other
[at grade] connecting roads. i§ '05 ch. 63, 15 Mr
b Mo. Amdg. R.S.'99 §1118: Railroad Com'rs may compel co. to
maintain agent at intersection with other road to receive & deliver
I exchange freight. i§ '05 p. 113, 17 Ap
c Or. "An act for interchange & hauling of local freight cars by St
between steam ry . to & from points within state. ' * 3 J '05 ch, 2 2 5 , a 2 P
Z3Z3 Public safety, comfort and order
Z3Z4 Safety regulatioas
See also xzaS. Boilers and ezi^neers
a m. Appointment of inspector of safety appliances on railroads*
5 '05 p.349» »3 My
Railways
TRANSPORTATION / X3X4-aoC5
b HL Railroad trains to be eqtiipped with certain safety appliances;
liability for injury to employee through noncompliance. io§
'05 P.3S0. la My
c Tex. Ry. to maintain switch lights on main line switches & de-
railing switches on sidings; exceptions. 3§ '05 ch.56, 3 Ap
23x5 Accidents. Liabilities
5## also a 135, Employers liability
a Minn. Railroad to file with Railroad & Warehouse Com'n detailed
report of accident where person is killed or injured ; Com'n to report to
Leg. summary of wrecks & suggestions for laws to prevent recurrence.
3§ '05 ch.iaa, 7 Ap
b S. C. Amdg. C.C. §2137 rel. to notice to Railroad Com'rs of accident
& transportation of com'rs to place where it occurred. i§
'05 ch.419, aa P
23x7 Crossings
a Mich. Amdg. '73 ch.198 §7 rel. to crossing of railroad tracks by
railroad. i§ '05 ch.128, 17 My
b Mo. Amdg. R.S.'99 §9554 rel. to construction & maintenance of
railroad crossing. i§ '05 p. 106, 13 Mr
c N. D. Amdg. R.C.'99 §2947 ^6: construction of ry. crossings
intersection or connection with new railroad may be continued, pend-
ing condemnation proceedings in case corp. building new railroad givea
bonds approved by district judge. 2§ '05 ch. 150, 7 Mr
23x8 Street railways
a Vt. Electric car must come to full stop at grade railroad crossing
& display signal; $25 penalty. 2§ '04 ch.97, 7 D
2329 Highway crossing
a Cal. Amdg. C.C. P. §1240 as to railroad grade crossings, ig
'05 ch.124, 18 Mr
b Mass. Amdg. R.L. ch.iii §152-53 rel. to abolition of grade cross-
ings. 4§ '05 ch.408, 17 My
c Minn. Railroad Com'n to investigate grade crossing on complaint
of mun. council & order installation of necessary safety devices;
appeals. 4$ '05 ch.280, z8 Ap
d Pa. "An act authorizing vacation of public highways at grade
crossings . . . and opening of tmdergrade or overgrade crossings
in lieu thereof, by the Court of Quarter Sessions." 2§
'05 Ch.206, 22 Ap
e Pa. Railroad may change grade or location of bridge to abolish
grade crossing; compensation & security to bridge corp. 4§
'05 ch.232, 4 My
f Vt. Railroads failing to clear their land of trees & bushes 80 rods
each side of grade crossing after 60 days notice liable for resulting
damages. 2§ '04 ch.93, 6 D
2^ao(5 Employees
a Cal. Msdr. for railroad employee to be intoxicated on duty; if
death results, felony. Adds Pen.C. JS^cf i6§ '05 ch.573, 22 Mr
Railways
Z32X-33 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
1 32 1 Fencing. Cattle guards. Injury to stock
a Col. Railroad employees to care for animal injured while on tracks
& notify Stock Inspection Com'rs. 2§ '05 ch. 121, 6 Ap
b Hon. Amdg. C.C. §950, 953 rel. to liability of ry. co. for killing or
injuring live stock. 3§ '05 ch.29, 21 P
X326 Whistles. Locomotive signals
a Me. Amdg. R.S.'o3 ch.5 1 §70 rel. to use of bells & whistles on steam
railroads. i§ '05 ch.94, 21 Mr
Z328 Public comfort regulations
For labor on railways set 2040, Labor
a Neb. Railroad to provide waiting room & water-closet at passen-
ger depot for use of passenger & stock shipper; passenger train
to be stopped at such station. 3§ '05 ch.108, 4 Ap
1329 Cars
a Kan. Caboose on stock train or for passengers on freight train to be
furnished with toilet; seats & drinking water. 2§ '05 ch.346, 7 Mr
133 1 Waiting room
a Minn. Railroad to maintain suitable toilet, rooms at stations. 3§
'05 ch.2o8, 17 Ap
b Mo. Amdg. R.S.'99 §1075: railroad to light & heat stations &
keep open near train time. i§ '05 p. 107, 17 Ap
c Tex. Ry. corp. to maintain water-closet at depot. 3§
*os ch.133, 17 Ap
Z332 Public order. Railway police
a Ct. Penalty for trespass on railroad property. Rep. G.S.'o2
§3783-84. 2§ '05 ch.202, 29 Je
b Mass. Amdg. R.L^ ch.iii §250: fine for loitering on property of
railroad after request by police officer to leave. i§ '05 ch.210, 23 Mr
1333 Injury. Robbery. Stealing
a Ari. Msdr. to use track bicycle or other vehicle on railroad track
without consent of owner of road. '05 ch.49, 16 Mr
b Cal. Felony to board or interfere with train for purpose of robbery.
Adds Pen.C. §214. i§ '05 ch.494, 21 Mr
c Cal. Amdg. Pen.C §218 rel. to penalty for attempted wrecking of
train or engine. i§ '05 ch.495. 21 Mr
d Cal. Felony punishable by death or life imprisonment in option of
jury to wreck train or engine. Adds Pen.C. §219. i§
'05 ch.496, 21 Mr
e Ct. Amdg. G.S.'o2 §1234 rel. to penalty for injury to railroad car
or engine : motor on street ry. ; removal of packing from journal box.
i§ *o5 ch.193, 29 Je
f Del. Msdr. to throw object maliciously to endanger person on
railroad car, engine etc. i§ '05 ch.207, 27 P
g 0eL Msdr. to enter car, caboose or locomotive with intent to oom-
mit felony. i§ '05 ch.206, 20 Mr
h Del. Msdr. to disturb railroad signal, or render track unsafe for
transportation. 2§ '05 ch.aoS, 29 Mr
Street railway!
TRANSPORTATION 1333-37
i 6a. Amdg. P.C.*9S §511 as to penalty for throwing rocks or shoot-
ing at car. 2§ '05 p.86, 23 Ag
j Me. Amdg. R.S.'o3 ch.128 §7 as to malicious removal of points
of railroad location or survey. i§ '05 ch.ioo, ai Mr
k Hon. Felony to obstruct running of railroad by act or written
threat ; murder in ist degree if it results in death. Rep. Pen.C. § 1030.
S§ '05 ch.24, 18 F
m N. M. Amdg. '97 ch.i6 §1: accessory to crime of tampering with
locomotive attachment to be punished as principal. i§
*o5 ch.41, 8 Mr
n R. M. Amdg. '84 ch.33 §2—3 rel. to penalty for obstruction of rail-
road track with intent to cause accident. 2| '05 ch. 52, 13 Mr
p N. C. Penalty for wilful & malicious removal of packing from jour-
nal box. i§ '05 ch.335, I Mr
q Or. Felony to rob or attempt to rob railroad car. i|
'05 ch.41. 9 F
r R. I. Penalty for removing waste or packing from journal box.
Supplements G.L. ch.279. i§ '05 ch.1217, 21 Mr
s S. C. Msdr. to place explosive on railroad track. i§
'05 ch.4Si, 22 F
t S. C. Msdr. to injure or remove brasses, bearings or packing from
journal box of engine or car of steam or electric railroad. i§
'05 ch.492, 7 Mr
u Vt. Penalty for malicious removal of packing from journal box.
i§ '04 ch.151, 9 D
Z334 Railway police
a Bel. Gov. may appoint special constable on petition for ry. co. at
its expense. 6§ '05 ch.68, 27 F
Z335 Stealing ride. Boarding train
a Mass. "An act to prohibit unauthorized person from riding on
railroad or on property of Boston Terminal Co. " i § '05 ch. 208, 23 Mr
b R. C. Amdg. '99 ch.625 §1: penalty for stealing ride on train not
over $50 fine & 30 days imprisonment. i§ '05 ch.32, 24 Ja
X337 Street railways
See also 500. Corporations; 841, 845, Taxation; 2040. Labor
a Ct Amdg. '03 ch.194 §54: charter of street ry. co. without organ-
ization void after 2 yrs. 2| '05 ch.219, 6 Jl
b Ct. Construction plans of street ry. to be submitted to local
authorities: speed regulation. Rep. G.S. §3823, 3841. 3§
•oS ch.244, 19 Jl
c Pa. Misc. amdts. to '89 ch.227, '95 ch.67, *oi ch.2So rel. to incorp.
of street railroad co. ; extension & use of track; consent of local author-
ities; temporary abandonment; use of turnpikes. 7§
*o5 ch.230, 3 My
d Wis. Amdg. S.*98 11863a rel. to condemnation proceedings by
street or electric ry. ; crossings; surveys of route; maintenance of
fences & cattle guards. i§ '05 ch.266, 25 My
Street railways
X338-6X jj y STATE LIBRARY INDEX OF LEGISLATION I905
X338 Underground and elevated roads
a Mass. "An act to authorize Boston Elevated Ry. Co. to construct
subway or subwajrs in Cambridge." a5§ '05 ch.466, 26 My
b Mich. Amdg. '67 ch.3S §13: street ry. on consent of municipality
may construct trestles or lines tmder grotand. i § '05 ch. 101,10 My
c R. J. Amdg. '03 ch.2S7 §34: city below ist class may permit con-
struction of elevated railroad. i§ '05 ch.68, 30 Mr
Z339 Corporate organization and powers, sw 1337
Z341 Conditional sale of equipment
a Id. Conditional sale, lease or hire of railroad & street railroad
equipment & rolling stock. 4§ '05 p. 154, 7 Mr
Z342 Consolidation, sale, lease, contracts
a Mich. Amdg. '67 ch.3S §15: street ry. co. may acquire non-
competing road, & dispose of its own road. i§ '05 ch.97, 4 My
Z345 Mail. Express. Light freight
a Ind. Corp. organized under gen. railroad law operating interurban
electric street railroad may haul freight by steam. i§ '05 ch.41, 25 F
Z347 Officers
a Ind. Amdg. *6i (ex. sess.) ch.39 §8 rel. to election of directors
of street railroad co. i§ '05 ch.149, 6 Mr
b Mass. Amdg. R.L. ch.112 §5: clause omitted which required a
majority of directors of street ry. to be inhabitants of place where
road is operated. 2§ '05 ch.8o, 17 F
General supervision, sw 1337
Z359 Location. Right of way
See also 3710, Paving
a Ct. Amdg. G.S.'o2 §3847: street ry. co. tb file map before Nov. i
[Sep. 30] of ry. constructed during year ending Oct. 15 [June 30]
next preceding. i§ '05 ch. 10, 5 Ap
b Vt. State Highway Com'r & local authorities to prescribe con-
ditions under which street ry. co. may use road built or repaired by
state. Supplements S. ch. 170. 4§ '04 ch.94, 9 D
Z360 Abandonment. Required operation
a Wis. Amdg. S.'98 11863a: street ry. during term of franchise not
to abandon part of line on public street in municipality without con-
sent of authorities. i§ '05 ch.497, 20 Je
X361 Eminent domain
a Kan. **An act conferring on street, suburban & interurban ry.
CO. power ... of eminent domain & prescribing procedure . . ."
i§ .'osch.357, 9Mr
b Mich. Amdg. '67 ch.35 §13: street ry. to have right of eminent
domain; title to orefe or minerals not acquired. i§ '05 ch.133, 18 My
Street railways
TRANSPORTATION 1362-74
1362 Franchises. Location of track. Extensions
5## also a6a8, Franchises (general)
a CaL Amdg. C.C. §493 rel. to franchise for construction of elevated
or undergrotmd ry. i§ '05 ch.424, 21 Mr
b CaL "Anact providing for sale of street railroad & other franchises
in counties & municipalities, & providing conditions for granting such
franchises by Leg. or other governing bodies. . . " ii§
*os ch.S78, 22 Mr
c Me. Amdg. R.S.'o3 ch.53 §17: street railroad may be authorized
to extend line to other points in city or town where located. i§
*oS ch.36, 7 Mr
d Minn. City of 10,000—20,000 may grant street ry. franchise for
25 yrs; proviso; exceptions. 3§ '05 ch.2So, 18 Ap
e R. D. Governing body of cotmty, township, town or village may
grant right of way for electric roads. 2§ '05 ch. 153, 9 Mr
f Pa. Municipality or township may allow street railroad co. to
relocate, abandon or delay laying tracks, in return for abandonment
of franchise to use certain other streets. 2§ '05 ch.231, 3 My
1365 Fares. Passes
a N. Y. Establishing imiform 5c fare on electric cars between
Albany & Rensselaer & providing for issue of transfers. 3§
'05 ch.3S8, I My
1366 Transfers
a Me. Penalty for fraudulent issue or tise of transfer tickets on
public conveyances. i§ '05 ch.99, 21 Mr
1368 Public safety and comfort
a CaL Street car or dummy to have brake & fender; msdr. to fail to
close gate at railroad crossing or to allow animal to stray along track.
Adds Pen.C. §369a, 369d-e. i6§ *oS ch.S73, 22 Mr
b Mass. Amdg. R.L. ch.112 §40: bd of aldermen may [shall] es-
tablish regulations as to speed & manner & extent of [mode of] use
of tracks by street ry. co. Rep. §42. 2§ '05 ch.376, 5 My
1368(5 Crossings
Sm also 13x8
a Mich. Amdg. '93 ch.i7i §1, 7: crossing of street ry. tracks by
street ry. to be approved by State Com'rs of Railroads. 2§
*o5 ch.127, 17 My
b Mich. Amdg. '03 ch.189 §11 rel. to fencing & crossings of electric
or street ry. i§ '05 ch.307, 17 Je
Z374 Public order. Police
a Ct Penalty for trespass on street ry. car. i§ '05 ch.76, 18 My
b Mass. Fine of $2— $20 for loitering on property of street ry. co.
after request to leave. i§ '05 ch.134, 7 Mr
Bridges. Tunnels
^375-93 N. y.. STATE LIBRARY INDEX OF LEGISLATION I905
1375 Obstruction. Injury
a Ct. Amdg. G.S.'o2 §1241: penalty for misuse of signal, signal
box or switch of electric ry. i§ '05 ch.73, 18 My
b R. H. Punishment for placing explosives on rails of street or electric
railroad. i§ '05 ch.65, 9 Mr
1378 Express
See also 500, Corporations; 841, Corporation taxes; 845, Taxation; 1345. Street
railways
a Fla. Express co. failing to pay loss or damage within 90 days, to
pay 25% interest on judgment exceeding amount offered by it in
settlement. 2§ '05 ch.so, 31 My
1379 Rates. Discrimination
a Del. Rep. '93 ch.700 which prohibited express co. from making
discrimination in rates in favor of Pa. or Md. i§ '05 ch.150, 16 Mr
b Del. Amdg. '89 ch.461 §4: express co. not to make discrimination
in rates in favor of Pa. or Md. [any state]. i§ *oS ch.isi, 16 Mr
X384 Canals
a 111. Amdg. R.S.'74ch.i9 §8 rel. to powers of 111. & Mich. Canal
Com'n. *o5 p.8i, 16 My
\f Mich. Com'n to be appointed to cooperate with U. S. in semi-
centennial celebration of inauguration of Lake Superior ship canal;
$15,000. '05 P.S36, 3 My
c R. Y. Amdg. canal law '94ch.338 §51 rel. to payment of expenses
of engineers' dep't of canals. i§ '05 ch.309, 22 Ap
1388 Ferries. Fords
a Me. Amdg. R.S.'o3 ch.25 §2 as to establishment of ferries by
county com'rs. i§ '05 ch.i68, 24 Mr
2393 Bridges. Tunnels
5## also 3700
a Fla. State Railroad Com'n may regulate tolls, charges & hours for
traffic on toll bridges over Matangas & North rivers. z§
•oS ch.52, I Je
b Minn. City of 10,000-20,000 may issue bonds for repair of
bridges. 7§ .'05 ch.170, 13 Ap
c Minn. City of 50,000 may incur bonded debt of $1 50,000 for bridge
across navigable stream on city boundary. 2§ '05 ch.293, 19 Ap
d Mo. Amdg. R.S.'99 §5195: County Court may contract for repair
of bridge at cost of not over $100. i§ '05 p.278, 7 Mr
e Mo. Amdg. R.S.'99 §5185: court may order road com'r to con-
struct bridge costing less than $1000. i§ '05 p.53, 8 Ap
f Neb. County com'rs or supervisors to provide for erection & repair
of bridges, culverts & approaches thereto. Rep. C.S.'o3 §5335-38,
2o§ '05 ch.126, 30 Mr
g N. J. County of 2d class may incur bonded debt of $75,000 to
construct bridges. Supplements '95 ch.20Q. t§ '05 ch.193, 98 Ap
Bridges. Tunneb
TRANSPORTATION 1393-96
h Okl. Amdg. '03 ch.29 art. 2 §1,5, 6: township may construct bridge
over 100 [200] ft long; township to pay \ [§], coiinty \ [J] cost of con-
struction; tax levy. 5| '05 ch.32 art.i, 10 Mr
i Okl. County com'rs to levy tax not exceeding 3 mills for repair of
bridge over 500 ft; division of expenses when bridge crosses county
boundary stream. 3§ *o5 ch.32 art. 2, 11 Mr
J Pa. County com'rs to repair all county bridges; expense county
charge. 2§ *o5 ch.S7, 30 Mr
k Pa. "An act authorizing commonwealth ... to rebuild . . .
coimty bridges over river not less than 1000 ft in width ... de-
stroyed by floods before final completion, & where . . . over 50%
of . . . price had . . . been expended before destruction." 3§
'05 ch.i3S, 17 Ap
m Wis. Amdg. S.'qS §1319 rel. to county aid in building & repairing
bridges ; bridges wholly in city or village constructed by local tax. i §
*o5 ch.288, I Je
1395 Bridge companies
a Mo. Amdg. R.S.'qq §1351-52 rel. to incorp. of bridge co.; con-
demnation of property. . 3§ '05 p.97, 24 Mr
b Okl. Amdg. S.*03 §1107 rel. to term of existence & articles of in-
corp. of bridge Corp. ; not to apply to co. erecting bridges over boundary
streams. 2§ '05 ch.io art.6, 4 Mr
c Tex. Corp. may be formed for operation of toll causeway or bridge.
Adds R.C.S.'9S art. 64 2 subdiv.64. i| '05 ch.62, 4 Ap
Z396 Bridges on boundaries
a Kan. Foreign toll bridge corp. may operate on state boundary by
complying with foreign corp. law. i§ '05 ch.158, 8 Mr
b Me. Bridge com'n to be appointed to confer with N. H. com'n as
to freeing interstate toll bridges & selection of new sites ; report to Leg.
of 1907. 5§ *o5 ch.128, 21 Mr
c Me. Apportionment of expense of bridges coimecting towns on
basis of assessed valuation. i§ '05 ch.152, 24 Mr
d Mich. Coimty in state may build bridge across boundary river,
jointly with adjoining county in other state. 2§ '05 ch.247, 16 Je
e Mo. City of ist class may build or acquire bridge or tunnel across
state or boundary river. i§ *o5p.94,6 Ap
f N. H. Bridge Com'rs to be appointed by Gov. to confer with like
com'n from Me. & Vt. as to freeing of interstate toll bridges & location
of new sites; report to Leg. of 1907. 6§ '05 ch.119, 10 Mr
g N. Y, Sup't of Public Works to investigate & report as to acquisi-
tion of toll bridges across the Delaware river between N. Y. & Pa. 4§
'05 ch.275, 22 Ap
h Pa. Erection of county bridges on boundary between any borough
& township of ist or 2d class. 2§ '05 ch.34, 24 Mr
i Vt. Bridge Com'n to be appointed to confer with like N. H. com'n
as to freeing of toll bridges & erection of new bridges between states ;
report to Leg. of 1906. 5§ '04 ch.157, 10 D
Telegraph and telephone
I397-X418 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
1397 Injuries
1399 Engines
See also 2740. Roads
a Id. Penalty for driving steam traction or portable engine over
bridge or culvert without placing planks under wheels. 2§
'05 p.94. 24 F
Z403 Regulation of brumes over navigable waters
a Minn. County may bridge stream, the navigable parts of which lie
wholly within state; provisos. i§ '05 ch.63, 23 Mr
Z405 Safety regulations
a Kan. Township to place guard rail on bridge of 10 ft span. i§
'05 ch.76, 9 Mr
Z407 Tunnels
See also 2742(5, Roads
Z4XZ Telegraph and telephone
See also 320, Crimes against property; soo.Corporatbns; 841,845, Taxation; las*
Unlawful messages: 2040. Labor
a Ga. Amdg. C.*gS §2347 rel. to construction of telegraph lines:
provisions extended to telephone co. ; rights of way ; Railroad Com'n
to regulate long distance intrastate messages. 2§ '05 p.79i as Ag
b Me. Amdg. R.S.'o3 ch.119 §23 rel. to improper use of telephones.
i§ *o5 ch.167, 24 Mr
c Minn. Ry., telegraph & express co. station to bear name of place
of location unless confusing; penalty. 3§ '05 ch. 352, 18 Ap
d Wis. Service of process on telegraph & telephone co. Adds S.'gS
§2637 subdiv.is. i§ '05 ch.391, 17 Je
Z4ia Corporate organization and powers
a Minn. Amdg. G.S.'94 §2903: rural telephone co. may be organized
as cooperative ass'n. i§ '05 ch.276, 18 Ap; '05 ch.313, 19 Ap
b R. J. Telegraph co. may amend certificate of incorp. by complying
with gen. corp. law & filing certificate with Sec. of State. Supple-
ments R.S.'75 p.128. i§ '05 ch.84, 31 Mr
14x4 Supervision
14x5 Franchise. Location
X4x8 Placing of wires and poles
See also 2645. Electricity
a Cal. Amdg. C.C. §536-40 rel. to telegraph or telephone corp.; right
of way; injury to apparatus. s§ '05 ch.385, 20 Mr
b Col. Amdg. '99 ch.85 §1: wire braces for telegraph or other posts
except anchor wires not strung over traveled portion of roadway to be
20 [15] ft from ground. i§ '05 ch.8o, 6 Ap
c Ct. Municipality may use telephone & telegraph poles without
payment. i§ '0$ ch.276, 19 Jl
d Del. Telephone co. to pay $10 fine for each tree injured. i§
'05 ch.209, 99 Mr
Weights and measui
COIIMERCB AND INDUSTRY *4l8-
« Pa. Amdg. '74 ch.32 §33 rel. to location of wires of telegraph or
telephone co. i§ '05 ch.205, 22 Ap
2430 Rates. Discrimination
A Tenn. Joint leg. committee to investigate excessive charges
claimed to be made by Ctmiberland Telephone & Telegraph Co.;
report to Leg. by Mar. 1905, '05 p. 13 18, 27 Ja
1> Wis. Prohibiting discrimination in telephone charges in cities &
villages of same class; classifying cities; cities & villages under 3000
excepted. Adds S. '98 § 1791a subdiv.i. i§ '05 ch.389, 17 J«
2421 Transmission and delivery. Secrecy
5m also zasa, Unlawfvil messages
a Cal. Amdg. C.C. §2161 as to delivery of message by telephone co.
i§ '05 ch.469, 21 Mr
b CaL Amdg. Pen.C §619-21, 638-41 as to malicious interference
with & wrongful disclosure or use of telephone message to another;
bribing operator. 7§ '05 ch. 528, 21 Mr
c Del. Msdr. to obtain service of telephone co. through false
pretenses. i§ '05 ch.2zi, z6 Mr
**" Commerce and industry (general)
3435 Weights and measures
a Id. Establishing uniform standard of weights & measures; $500*
6§ '05 p.364, 6 Mr
b Id. - Rep. '03 p. 8 7 which established uniform standard of weights &
measures. i§ '05 p.365, 10 Mr
c Kan. Grain, seed, hay & coal to be sold on basis of actual weight;
msdr. to falsify weight. 2§ '05 ch.525, 22 P
d N. D. Regulating weights & measures. 9§ '05 ch. 194, 4 Mr
1436 Sealers. Public scales. Standards
a, Minn. City under 10,000 may maintain public wagon scales; pro-
viso. 6§ *o5 ch.286, 19 Ap
b Hon. Coimty com'r on petition of 25 resident freeholders to estab-
lish public scales; msdr. to issue false weight receipt. 7§
'05 ch.22, 20 P
c Tex. Amdg. R.C.S.'9S art.4316 rel. to duty & liability of private
weigher. Adds art. 43i6a-b. 3§ '05 ch.84, 13 Ap
d Wis. Amdg. 8.^98 §1659: fees of State Sealer of Weights &
Measures. z§ '05 ch.71, 11 Ap
J 427 Agricultural products
a Cal. Butter in package of from j^6 lb to be marked with exact
weight in \ in. figures; disposition of fines. 4§ '05 ch.302, 20 Mr
1429 Fruits
a Fla. Establishing standard crate or box for oranges. 3§
'05 ch.114, 5 Je
b Mass. Amdg. '03 eh. 408 §2: sealers [deputy] of weights & meas-
ures to enforce act rel. to measure 8c marking of cranberry bbl. &
crates. i§ '05 chJoq, 23 Mr
idulteration
429-72 N. Y. STATE LIBRARY INDEX OF LEGISLATION I9OS
c N. J. Amdg. '03 ch.256 §1 rel. to standard cranberry bbl. i§
*os ch.as, 13 Mr
d Wis. Amdg. S.'gS §1668 as to sale of cranberries: standard bbl.
& measures; marking. i§ '05 ch.s6, 29 Mr
1431 Hay
a Ifinn. Providing for establishment of public hay tracks & weigh-
ing & inspection of hay & straw in cities of Minneapolis, St Paul,
S. St Paul & Duluth. 23! '05 ch.196, 15 Ap
1433 Hops
a Or. Amount of tare to be allowed per bale on sale of hops. 2§
'05 ch.63, 10 F
b Or. Box of hops for picking to contain 50 lb. i§ '05 ch.137, 21 F
1441 Coal. Coke. Charcoal
Sec also 1543* Coal and coke dealers
a Kan. Regulating weighing of coal in car lots by railroad co.;
weighmaster; certificates; penalty. 6§ '05 ch.355, 25 F
1459 Wheat and com products
a N. C. Standard weight of bu. of com meal 48 lb; size & marking
of packages. 4§ '05 ch.126, 7 F
b Tenn. Msdr. to sell short weight packages in com meal; standard
bu., 48 lb; labeling. 4§ '05 ch.482, 17 Ap
1464 Adulterations and imitations. Branding. Inspec-
tion
Sec also 956. Adulterations liable to afTect public health
1466 Adulteration. Inspection
a Or. Establishing laboratory at Univ. of Oregon for testing strength
of building material of state. i§ '05 ch.46, 10 F
1472 Commercial feed for stock
a Fla. Regulating manufacture & sale of commercial feeding stuffs;
inspection & analysis by State Chemist ; provision for appointment of
Assistant State Chemist, also of Inspector of Commercial Feeding
Stuffs & Fertilizers. i6§ '05 ch.8i, 24 My
b 111. Inspection & marking of concentrated live stock feed; license;
adulteration; penalties. i2§ 'o5 p.393. 18 My
c Mich. Commercial feeding stuffs. Adds '93 ch.211 §18. i§
'05 ch.i2 §18, 19 Mr
d N. C. Amdg. '03 ch.325 rel. to sale of concentrated commercial
feeding stuffs. q§ *o5 ch.332, 28 F
e Okl. Sale & inspection of commercial fertilizers & commercial
feeding stuffs. i4§ '05 ch.37 art.i, 15 Mr
f Pa. Amdg. '01 ch.78 §2 rel. to definition of "concentrated com-
mercial feed" in act to prohibit adulteration of same, ij
'05 ch.2X2, 24 Ap
Adulteratio
COMMERCE AND INDUSTRY 147^9
g Tex. Sale of concentrated feed stuffs ; marking; measures; defini-
tion; trade-mark; sample; adulteration; analysis. ii§
'05 ch.108, 15 Ap
h Wis. Amdg. '01 ch.377 defining concentrated feeding stuffs. i§
*oS ch.143, 3 My
X473 Cotton seed meal and hulls
a If. C. Amdg. '87 ch.199 §2: record of purchaser of cotton seed to
include name of owner of land where raised. i§ '05 ch.201, 15 F
b N. C. Amdg. '03 ch.339 regulating sale of cotton seed meal. 7§
'05 ch.207, 17 F
1474 Fertilizers
a Ct. Amdg. G.S.'o2 §2527 rel. to unloading & transportation of fer-
tilizers. i§ '05 ch.2oi, 29 Je
b Me. Verbal amdt. to R.S.'o3 ch.39 §19 as to state expenditures
for analysis of commercial fertilizers. Rep. §21. 2§ '05 ch.iS, 22 F
c N. C. Amdg. 'oich.479§9: State Chemist's analysis of sample
of fertilizer prima facie correct & admissible as deposition in prosecu-
tion for adulteration. i§ '05 ch. 5 2 4, 6 Mr
d OkL Sale & inspection of commercial fertilizers & commercial feed-
ing stuffs. i4§ '05 ch.37 art. I, IS Mr
1475 Formaldehyde v
a N. D. Regulating sale & manufacture of formaldehyde. 7§
'OS ch.7. 17 F
Z476 Gold and silver ware
a N. Y. Msdr. to misrepresent fineness of gold by more than i carat.
Adds §3643 to Pen.C. i§ 'os ch.287, 22 Ap
b N. Y. Amdg. '98 ch.331 §1, 4-6 as to prosecution for manufacture
or sale of spurious gold ware. 4§ '05 ch. 288, 22 Ap
1478 Grain and grain products
5«r also Z5i5> Grain warehouses and inspection
a Tex. Sale of mill products; standard weights; msdr. not to mark
name & weight of contents, & if adtilterated. s § 'oS ch. 1 1 8, i s Ap
b Wash. Msdr. to adulterate meal or ground grain used to feed farm
live stock; to be marked when sold. 2§ '05 ch.ioi, 9 Mr
c Wis. Regulating sale & manufacture of buckwheat flour com-
pounds. s§ '05 ch.187, 12 My
2480 Hay and straw
a Mo. Railroad & Warehouse Com'rs to supervise inspection &
weighing of hay. Adds R.S.*99 §768ia-b. 2§ '05 p.171, iS Ap
1490 Oil. Paint. Lead
See also oq3, Pood adulteration; 1493, Petroleum products
a If . D. Regulating sale & manufacture of white lead & mixed
paints. 4§ '05 ch.8, 6 Mr
b Pa. Expense of enforcing law against adulteration of linseed oil
not to exceed $2000 annually; expenditures to be approved by Sec.
of Agric. Supplements '01 ch.62. i§ '05 ch.192, 22 Ap
[arks. Labels
(92-X50Z N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
Z492 Insecticides
a N. D. Regulating sale & manufacture of pans green. 7§
'05 ch.9. 18 F
1493 Petroleum products
See also 3073, Miners' oil and lamps
a Id. Mantifacture & sale of dairy, food & oil products. 42 §
'05P.54, 6Mr
b N. M. Inspection of coal oil, gasolene & naphtha. 7§
'oS ch.66, 14 Mr
Amended '05 ch.122, 16 Mr: not to apply to naphtha.
c N. M. Amdg. '99 ch.so §9 : act not to apply to imported petroleum
& its products. i§ '05 ch. 125,16 Mr
d N. D. Rev. '01 ch.z28 rel. to inspection of illuminating oils & gaso-
lene. i6§ '05 ch.z4i, 7 Mr
e S. D. Gasolene to be kept & sold in red receptacles containing not
less than i gal,; marked "gasolene"; kerosene not to be marked gaso-
lene. s§ '05 ch.118, II P
f S. D. Amdg. '03 ch. 1 89 §3, 5 rel. to illuminating oil: qtiality; Kan-
sas oil to be marked; inspection fees, ai '05 ch. 14 2, 2 Mr
g Tenn. Amdg. '99 ch.13 §3 as to salary of oil inspector in cities of
^000 [8000]. i§ '05 ch.442, 14 Ap-
h Wash. Gasolene & benzin to be labeled "explosive"; penalty.
i§ •osch.98, 9Mr
i Wash. Inspection of petroleum products used for illuminating
purposes. io§ '0$ ch.i6i, 11 Mr
j Wy. Adulteration of food, drinks, drugs & oil. 8§ '05 ch.49, 18 P
1496 Seeds
a Me. Analysis of agricultural seeds at Me. Agrictdtural Experi-
ment Station. 2§ '05 ch.66, IS Mr
b Vt. Rep. '98 ch.84: "an act to prevent fraud in sale of garden
seeds." i§ '04ch.112.7D
1500 Marks, labels etc.
See also 958* Adulteration (food)
a Neb. "An act . . . to protect persons, ass'ns & unions of
workingmen ... in ... labels, trade-marks & forms of adver-
tising . . ." 3§ '05 ch.90, 28 Mr
b N. M. Registration of trade name, mark or label. 6§
'05 ch.24, 2 Mr
c Pa. Amdg. *oi ch.286 §3: unlawful in using merchandise for pat-
tern except for emergency repair to remove label or trade-mark. i§
'oS ch.2io, 24 Ap
d Tenn. Use & registering of trade-marks. 8§ '05 ch.ai, 31 Ja
X50X Bottles, cans and other receptacles
a Ct. Amdg. G.S.*o2 §4916 rel. to issue of search warrant for bottles,
cans, jars, siphons or boxes unlawfully used or filled. i§
'05 ch.48, xa My
Warehouses. Markets
COMMERCE AND INDUSTRY 15OZ-IX
b Mich. Rev. '01 ch.a24 rel. to use of registered bottles, cans & other
receptacles. 7§ '05 ch.164, z Je
c Ifiiin. Owners of bottles or receptacles for ice cream or butter may
>* impress with name or registered device; penalty for illegal use. Rep.
'95 ch.144. 7§ '05 ch.340, 19 Ap
d N. J. Amdg. '98ch.i54 §3 rel. to \mlawful use of certain recep-
tacles for beverages & medicines. i§ '05 ch. 104, 6 Ap
e Vt. Amdg. '02 ch.82 rel. to unlawful use & destruction of recep-
tacles for milk to apply to all beverages. '04 ch.izo, 29 N
Z503 Union labels
a Cal. Msdr. to misrepresent by tag or label character of labor em-
ployed on manufactured article. Adds Pen.C. §349a. i§
'05 ch.509, 21 Mr
Z504 Society badges and insignia
a Ari. Msdr. to wear registered insignia of benevolent, fraternal or
secret society without authority. 2§ '05 ch.30, 14 Mr
b Neb. Msdr. to wear badge or insignia of any society, lodge etc.
without authority. 3§ '05 ch.199, 3 Ap
C N. Y. Amdg. Pen. C. §674a rel. to tmauthorized use of certain
society insignia, name or ritual. i§ '05 ch.590, 19 My
d Okl. Amdg. S.*o3 §2515: msdr. for male person over 18 to wear
insignia of certain secret organizations without authority. i§
'05 ch.13 art. 5, 20 F
Z505 Associations. Exchanges. Speculation
1507 speculation. Bucket shops
See also 883, Gamblinc
a Minn. Prohibiting bucket shops & shopping. 4§ '05 ch.13 3, 11 Ap
b N. C. Msdr. to deal in "futures"; pardon to one turning state's
evidence. 7§ . '05 ch.S38, 6 Mr
c N. D. Prohibiting operation of bucket shops. 2§ '05 ch.s8, 10 F
d S. D. Msdr. to deal in futures or operate bucket shop. 3§
*oS ch.115, 10 Mr
2508 Warehouses. Markets
See also 1544. Commission merchants
15x0 Warehouses
a M<"" Prohibiting discrimination by public warehouse; receipts •
penalty for fraudulent issue. 4§ '05 ch.302, 19 Ap
b N. C. Amdg. '01 ch. 678 §2: warehouse capitalized at $5000 need
not furnish bond ; receipts valid without registration. 3I
'05 ch.540, 6 Mr
c Vt. Establishment of public warehouses, issue & transfer of ware-
house receipts, & storage liens. 12 § *o4 ch.156. 6 D
Z5XZ Claimants
a N. H, Adverse claimants against depository to be interpleaded;
procedure; costs. 6} 'osch.62,9Mr
Warehouses. Markets
15x2-26 N. y. STATE LIBRARY INDEX OF LEGISLATION I905
1512 Payment of charges. Sale of goods
a Minn. Sale by warehouseman to satisfy lien can only be made if
license was obtained within 30 days after passage of act. '95 ch.149
§8, 2$ Ap. Unconst. Class legislation. Webb v. Downes 10 1 N.W.
966 (1904).
15x3 Warehouse receipts
a Cal. Sale or transfer of warehouse receipt. 4§ '05 ch.307, 20 Mr
b Cal. Warehouse receipt to be issued only for goods actually on
deposit ; negotiable by indorsement ; liability for loss by fire. Adds
C.C. §i8s8-i8s8f. 7§ '05 ch.452, 21 Mr
c Kan. Regulating issue of warehouse receipt for agricultural &
dairy products or dressed meat; penalty for fraudulent alteration;
exceptions. 9§ '05 ch.224, 25 F
d Mich. "An act to regulate the issuing of warehouse receipts in
certain cases." 9§ '05 ch.147, i Je
e If . D. Amdg. R.C.'99 §1791: grain storage receipt to state that
holder is entitled on demand to receive same quality & amount of
grain delivered at any terminal point or same place where received
and on payment of reasonable charge for handling, i §
'05 ch.iio, 9 Mr
f Wis. Amdg. '99 ch.2Si §i: warehouse receipts may be issued by
manufacturers or dealers in hides, pelts or leather, i §
•05 ch.383. 17 Je
X515 Grain warehouses and inspection
a N. D. Gov. may recommend person to Gov. of Wis. as member
grain & warehouse com'n for city of Superior, for 2 yrs at $300 salary.
Rep. '03 ch.191. 3§ '05 ch.iis, 7 Mr
b Wis. Regulating storage, weighing & inspection of grain in ele-
vators or warehouses in city of Superior & licensing of warehousemen.
S6| '05 ch. 19, 20 Mr
c Wis. Railroad co. to rent site within depot grotmds to person pro-
posing to erect public grain elevator or warehouse outside of city;
Railroad Com'n may direct railroad to furnish site & may fix rental.
i§ '05 ch.479. 20 Je
15x7 Inspection
a R. D. N. D. Agricultural Station to determine comparative milling
values of different grades of wheat ; publication of record, i §
'oS ch.113, 9 Mr
1 5 19 Weighing. Dockage
a Kan. Chief grain inspector to forward statement of weights on
request of shipper. i§ '05 ch.486, 4 Mr
1526 Stock yards
a Kan. Joint leg. committee to draft with Mo. committee stock yard
bill to be psissed by both states. 'oS ch.532, 25 Ja
b Kan. Defining "public stock yard"; annual report; maximum
charges; penalties. 8§ *oS ch.496, 4 Mr
Regulation and licensing
COMMERCE AND INDUSTRY l^S^^
1533 Regulation and licensing of trades and occupations
a Ct. Amdg. G.S.'o2 §1358 rel. to sales or exhibits from unauthor-
ized stands near certain gatherings. 1} '05 ch.275, 19 Jl
b Me. "An act regulating licensing of innholders & victualers in
city of Portlsmd." 4§ '05 private laws ch.167, 8 Mr
c If. Y. Amdg. '90 ch.332 rel. to licensing of public vehicles, venders
& amusements in town of 3000. s§ '05 ch.249, 20 Ap
d N. C. Amdg. '87 ch.199 rel. to record of purchases of peanuts to be
kept by buyer. 4§ '05 ch. 5 2 3, 6 Mr
e Wis. Licensing of hawkers, peddlers, transient merchants, cir-
cuses & exhibitions & special sale merchants. Rep. S.*98 ch.67,
*oi ch.341, '03 ch.393. 25§ '05 ch.490, 20 Je
1534 Architects
a 111. Amdg. '97 p.8i §8 rel. to penalty for practising as architect
without license. i§ 'osp.78,i6 My
1536 Accountants
a Fla. Regulating business of accountancy. 9§ '05 ch.54, 5 Je
b Mich. Regulating business of accountancy. 7§ '05 ch.92, 4 My
1540 Barbers
a^l^Ct. Amdg. '03 ch. 130 §3: Bd of Examiners may renew barbers
license on application made within 2 yrs [30 days] after expiration of
license. i§ '05 ch.189, 29 Je
b Kan. Rep. '03 ch.70 which regulated practice of barbering. i§
•05 ch.70, 25 P
Bill posters, 5^^ 1082, Signs and advertisements
1544 Commission merchants
a Minn. Amdg. '99 ch.2 2S §7: Railroad & Warehouse Com'n may
revoke license of com'n merchant for conduct prejudicial to interests of
consignors. i§ '05 ch.126, 7 Ap
1546 Cotton
See also i433> Wei^fhts and measures
a S. C. "An act to regulate traffic in seed ... & tmpacked
lint cotton." 6§ '05 ch.458, 18 P
Dentistry, see 948
Elevator men, iw zzox
Embalming and undertaking, see 105 z
Engineers, see xzso
2560 Hawkers and peddlers
a Ark. Msdr. for other than resident of coimty to peddle certain
articles without license. S.'o4 §6886. Unconst. Class legislation;
denies equal protection of law. Ex parte Deeds. 87 S.W. 1030
(1905).
ax Cal. Honorably discharged Union veteran may vend, hawk or
peddle without license. 2§ '05 ch.297, 20 Mr
b Del. Amdg. *oi ch.162 exempting peddlers of farm produce from
pajring license fee. 2§ '05 ch.iS3, 6 Ap
Regttlatioii and licensing
1560-68 N. Y. STATE LIBRARY INDEX OF LEGISLATION I90S
c Id. Rev. '01 p. 155 regidating business of peddling. 7§
'05 p.97, 10 Mr
d La. Including retail drummers in definition of hawkers & peddlers
for purpose of license tax. '04 ch.49, 28 Je; amdg. '00 ch.103 §12.
Unconst, in so far as it taxes transient merchants selling by sample ;
subject not included in title. Beary v. Narrau 37 S. 961 (1905).
e Mass. Amdg. R.L. ch.65 §19: person paying tax on stock taking
peddlers license to pay excess of fee over tax [licensed free]. i§
'05 ch.204, 23 Mr
f Mass. Amdg. R.L. ch.65 §^5: license not required to peddle fruit
of the U. 5.; farmer peddling domestic fniit not a hawker or peddler.
i§ *o5 ch.377, 5 My
g Mich. Amdg. R.S.'46 ch.2i §22: peddler of meat or fish may sell
without license. i§ *o5 ch.120, 17 My
h Mich. Amdg. R.S.'46 ch.21 §23, 24: penalty for failure of peddler
to display license on vehicle. 2§ '05 ch.isS, i Je
i Mich. Amdg. '46 ch.21 §18 rel. to peddlers license fee. i§
'05 ch.296, 17 Je
j Minn. Submitting amdt. to Const. 1857 art.i by adding §18:
person may sell or peddle product of own farm or garden without
license. Vote Nov. 1906. 2§ '05 ch. 2 83, 19 Ap
k Men. Amdg. P.C. §4066 rel. to peddlers & hawkers license fees. 2 §
'05 ch.84, 3 Mr
m N. M. "An act to prevent & punish fraud in sales of manufactured
goods, jewelry, wares & merchandise by itinerant venders & to regu-
late such sales." 24§ '05 ch.128, 16 Mr
n "N. Y. Amdg. '96 ch.371 §1-2: honorably discharged veteran of
! Spanish- American War may obtain hawkers or peddlers license with-
out cost. 2§ '05 ch.162, 8 Ap
; p N. C. Itinerant peddler of drugs to pay annual license fee of $100
in each county; county may refuse to issue license & may exempt
I poor & infirm from payment of fee. i§ '05 ch.503, 6 Mr
q Or. Amdg. '03 p. 7 7 rel. to license of peddlers, hawkers & itinerant
vendors. Rep. Ann. C.&S. §3876, 3877. 4§ '05 ch.206, 22 F
r S. D. Amdg. '03 ch.190 §7: msdr. to deal as peddler, transient
merchant, trader or dealer without license. 2§ '05 ch. 147, 7 Mr
s Vt " An act requiring peddlers to be licensed. " Rep. S. §473 1-3 5 .
Reenacting §4736-43. 4747- S§ '04 ch.145, 10 D
1563 Horseshoeing
a Wash. '*An act requiring horseshoers in cities of ist, 2d & 3d
classes ... to pass exam. . . ." '01 ch.67, iiMr. Unconst.
i Trade not one affecting health, welfare & comfort of inhabitants &
hence regulation not justified by police power. In re Aubry 78 P.
900 (1904).
1568 Junk and secondhand dealers
5#» also 1737. Pawnbroking
a Ct Amdg. & supplementing G.S.'o2 §4653 rel. to jtmk dealers:
name of owner, number of license & town to be displayed on wagon.
3§ '05 ch.88, 19 My
Regulation and licensing
COMMERCE AND INDUSTRY X568-88
b Ind. License for junk dealer; purchase from minor without
parent's written consent prohibited. 5§ '05 ch. 137, 6 Mr
c Me. Amdg. R.S.*o3 ch.4 §93 If 12 : cities & towns of 5000 may regu-
late junk dealers & pawnbrokers to prevent purchase or sale of
stolen goods. i§ '05 ch.78, 17 Mr
d N. H. Amdg. P.S. ch.124 §1 : mayor & aldermen may license jtmk
dealers & determine place where business may he carried on.
'05 ch.76, 9 Mr
e S. D. Msdr. to purchase broken metal from minor under 18. i§
'05 ch.6o, I Mr
Law, 5w 591
Medicine, ;## 944
Z575 Nurses
Se9 also ax7z. Hospitals
a Cal. Exam. & registration of nurses by regents of State University.
7§ '05 ch.405, 20 Mr
b Col. Regulating business of professional nursing. 8§
'05 ch.136, II Ap
c Ct. Examination & registration of nurses. 8§ '05 ch.120, 6 Je
d Ind. Regulating practice of nursing. io§ *o5 ch.46, 27 F
e N. J. Applicant for license as trained nurse may file certificate of
inst. attended in lieu of diploma. Supplements '03 ch.109. i§
'05 ch.2o8, 28 Ap
Pawnbroking, 5«» 1737
Pharmacy, set 949
Plumbers, see iio6(s. Plumbing
Z586 Transient merchants. Sale of bankrupt stocks. Itinerant vendors
a Col. License of itinerant vendors; records; penalty for miscon-
duct. i6§ '05 ch.114, 10 Ap
b Mich. Transient merchants. 9§ *oSch.2i4,i3je
c Ncv. License granted to itinerant merchant, peddler or auctioneer
for I mo. $300; not to apply to agricultural products. 7§
*o5 ch.153, 24 Mr
d N. M. Itinerant vendor to be licensed & deposit $1000 cash; suit
by defrauded customer. 7§ '05 ch.107, 16 Mr
e S. D. Amdg. P.C. §2218-19: sheriff or constable may collect tax
on itinerant vendors. 2§ *o5 ch.47, 11 F
f Wash. Annual license fee of $200 for itinerant vendor of clocks,
stoves, certain machinery, carriages, lightning rods & groceries. 3§
•05 ch.177, 14 Mr
2588 Veterinary practice
a Ct. Practice of veterinary medicine, surgery & dentistry. 8§
'05 ch.183, 29 Je
b Del. Amdg. '03 ch.364 §4 rel. to practice of veterinary surgery:
exempting from exam, practitioner holding unexpired license from
state. i§ *o5 ch.120, 30 Mr
Trade regulations
1588-96 N. Y. STATE LIBRARY INDEX OF LEGISLATION I90S
c Ind. Regulating practice of veterinary medicine & surgery. Rep.
'03 ch.239. i7§ '05 ch.98, 4 Mr
d Me. An act to regulate the practice of veterinary surgery, medi-
cine & dentistry. io§ '05 ch.17, 22 F
e Mo. Regulating practice of veterinary surgery. i6§
'05 p.209, 23 Mr
f Neb. Practice of veterinary medicine & surgery. 9§
'05 ch.97, 30 Mr
g N. C. Amdg. '03 ch.503 §11: extending time for practising veteri-
narian to register till Jan. i, ipo6 [1905]. ij '05 ch.320, 27 P
h N. D. Amdg. R.C.'99 §1619 rel. to registration of veterinarians:
^rcamiwa^tan (S^ registration fees ; annual renewal. 2§ '05 ch. 19 2, 9 Mr
i Or. Amdg. '03 p. 154 §7: practising veterinarian to be licensed
without exam. ; act not to apply to veterinarian employed by Bureau of
Animal Industry. 2§ 'o5ch.78,i5F
j Pa. Veterinarian to register annually with State Bd of Veterinary
Medical Examiners; certificates; fees. 5§ '05 ch.151, 18 Ap
k Tenn. Practice of veterinary medicine & surgery ; act to apply to
counties of 40,000. 19 § '05 ch.76, a F
Z590 Miscellaneous trade regulations
a Cal. Amdg. C.C. §993: business name may be included in good-
will. i§ '05 ch.442, 21 Mr
b N. Y. Amdg. Pen.C. §642 : msdr. to copy or use list of 500 cus-
tomers or subscribers without permission of owner. i§
'05 ch.441, 16 My
1593 Advertisements
See also 1083. Si^rns and advertisements
a Me. Amdg. R.S.'o3 ch.128 §13: written consent of owner or mu-
nicipality before affixing advertising signs ; penalty ^5-^20 [$10]. it
'05 ch.33, 7 Mr
Z593 Discrimination
See also 589, Combinations and monopolies; 1204 , Transportation and com-
munication; 1230, Passenger rates; 1379, Express; 1420. Telegraph and telephone;
1742, Insurance
a Kan. Prohibiting vmfair competition through discrimination be-
tween different sections of state as to price of commodity; $200 fine.
5§ '05 ch.2, 4 Mr
b U. Person or co. engaged in collection & sale of news must not dis-
criminate between newspapers. 8§ '05 ch.io6, 9 Mr
1596 Legal holidays. Public holidays
See also 227 z, Schools
a Ari. Amdg. R.S.'oi §2709: Mon, to be holiday when legal holiday
falls on Sun. 2§ '05 ch.15, 21 P
b Cal. Rep. C.C. §8 which made Mon. following a holiday, legal
holiday. Amds. §9. 2§ '05 ch.17, 20 P
c Fla. Designating legal holidays. i§ '05 ch.21, 5 Jc
Trade regulations
COMMERCE AND INDUSTRY ^ 1588-1628
d Ind. Enumerating legal holidays; bank in city of 35,000 may
close 12 m. Sat.; negotiable paper due Sat. payable Mon. 4§
'05 ch.118, 4 Mr
e Tex. Amdg. R.C.S.'pS art. 2939: June 3 a legal holiday. i§
'05 ch.ii, 9 F
1604 Election day
a Mich. Amdg. '65 ch.124 §1 rel. to election days as public holidays.
i§ '05 ch.35, 29 Mr
i6z8 Lincoln's birthday
a Mass. "An act to provide for observance of birthday of Abraham
Lincoln." i§ '05 ch.328, 25 Ap
1620 Memorial day
a Mich. Designating May 25 & Sep. 30 as "memory days" for better
care of cemeteries & graves. i§ '05 ch.22, 20 Mr
b Mich. Township, city or village may niake appropriation for
Memorial day. 2§ '05 ch.iio, 10 My
c Neb. Msdr. to engage in horse racing, ball playing or any game of
sport on Memorial day. i§ '05 ch. 197, 30 Mr
1624 Saturdays
a Cal. Amdg. P.C. §10: Sat. from 12 o'clock m. to be holiday in
public offices; proviso. 2§ '05 ch.94, 10 Mr
1628 Trading stamps
a Cal. Prohibiting giving of trading stamp premium "coupon or prize
with sale of merchandise; exception. i§ '05 ch.69, 7 Mr
b Col. Msdr. to give or accept trading stamp or other device repre-
senting uncertain bonus for purchase of goods. 5§ '05 ch. 1 10, 20 Ap
c Ct. Person giving trading stamps to redeem same : not to reissue
trading stamps without consent of party responsible for redemption.
3§ *o5 ch.268, 19 Jl
d Neb. Trading stamps: redemption value in money to be printed
on face ; redeemable in merchandise or money at option of holder &
in any quantity; penalty $100-$ 1000 for each offense. s§
'05 ch.204, I Ap
e N. H. Prohibiting use of trading stamps. '99 ch.6o, 9 Mr. UtP-
const. Imposes arbitrary restraint on trade not properly within
police power. State v. Ramseyer, 58 A. 958 (1904).
1 N. H. Amdg. P.S. ch.147 : prohibiting formation of trading stamp
or similar corp. i§ *o5 ch.70, 9 Mr
g N. H. Trading stamp co. to be licensed after exam, by Gov. &
Council; fees; stamps to bear face value & be redeemable in money
or goods at holder's option; liability of distributer; tax on co. 10%,
on distributer 3% of gross returns; penalties. i7§ 'oS ch.83, 10 Mr
h N. J. Trading stamps must be redeemable in money & have cash
value on face; distributer liable for value; exception. 6§
'05 ch.26S, 29 Je
i Wash. Prohibiting use of trading stamp prize or chance in sale of
merchandise; exceptions, i§ '0$ ch.179, 14 Mr
Encouragement of industries
1630-1662 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
1630 Encotiragement of indiistries
1633 Bonus. Exemptions. Bounty
See also 810. Exemptions from general property tax; xaSa, Railroads; 1350. Street
railways
1635 Beet sugar and sugar beet
See also 1222, Stigar beets (rates)
a Kan. Appropriating $10,600 for bounty at $i a ton or pro rata
for raising beets of quality prescribed by Bd of Agric. & use in
manufacture of sugar. 6§ '05 ch.75, 9 Mr
b Neb. *'An act to provide encouragement of manufacture of sugar
& chicory & to provide compensation therefor. " '9 5 ch. i , 29 Mr. Un-
const. Contains more than i subject. Oxnard Beet Sugar Co. v. State,
102 N.W. 80 (1905).
c N. Y. Amdg. agricultural law '93 ch. 3 38 art. 5 rel. to sugar beet
bounty. 8§ '05 ch.759, 3 Je
1 641 Chicory
a Neb. * * An act to provide for encouragement of manufacture of sugar
& chicory & to provide compensation therefor." '95 ch.i, 29 Mr.
Unconst. Contains more than i subject. Oxnard Beet Sugar Co. v.
State 102 N.W. 80 (1905).
1653 Silk culture %
a U. Utah silk com'n abolished. Rep. R.S.'98 t.S9 ch.2. i§
'05 ch.59,9 Mr
1662 Expositions
See also 1835, Fairs
Jamestown Exposition
a Ct. Com'n to be appointed to, report on state exhibit for James-
town Exposition; $26,000. 3§ , *o5 special acts ch.451, 18 Jl
b Fla. Com'n to be appointed to prepare state exhibit & building for
Jamestown Exposition; report to Leg. of 1907. 5§ '05 ch. 71, 29 My
c 111. Com'n to be appointed to prepare state exhibit for Jamestown
Exposition; $25,000. 5§ 'o5p.2i,i8My
d Mass. Bd of managers of Louisiana Purchase Exposition to con-
sider state representation at Jamestown Exposition; report to Leg.
of 1906; $1000. *o5 r.107, 26 My
e N. J. Com'n to be appointed to prepare state exhibit for James-
town Exposition; $25,000. 5§ '05 ch. 61, 27 Mr
f N. Y. Com'n to be appointed to report to Leg. of 1906 on prepara-
tion & estimated cost of state exhibit for Jamestown Exposition;
$5000. 5§ 'osch.721.3 Je
g N. C. Com'n of 10 to be appointed to prepare state exhibit for
Jamestown Exposition in 1907; $30,000. 7§ '05 p.1065, 6 Mr
h Pa. Com'n to be appointed to prepare state exhibit for James-
town Exposition; $100,000. '05 ch.310, 11 My
i R. I. Com'n to be appointed to report plan for state participation
in Jamestown Exposition; report to Leg. of 1906. '05 r.2, 21 Ap
Ezpositioxu
COMMERCE AND INDUSTRY x662-7«
j Wis. Joint leg. committee to report to Leg. of 1907 on plans for
state participation in Jamestown Exposition. '05 p.gg2
Lewis and Clark Exposition
k Col. Com'n to be appointed to prepare state exhibit for Lewis &
Clark Exposition; $15,000. 4§ '05 ch.26, 10 Ap
m Id. $25,000 additional appropriation for exhibit at Lewis & Clark
Exposition. Supplements '03 p.279. 2§ '05 p.225, 7 Mr
n 111. Com'n to be appointed to prepare state exhibit for Lewis &
Clark Exposition; $25,000. 5§ '05 p.23, 17 Mr
p Mass. Appropriating $4500 for representation by committee of
18 at Lewis & Clark Exposition on June 17, 1905. '05 r.97, 24 My
q Mo. Com'n of 3 to manage exhibit at Lewis & Clark Exposition;
$35,000. 7§ '05 p.40, 22 Mr
r Neb. State bd of 3 com'rs for Lewis & Clark Exposition to be
appointed by Gov. ; $12,000. 11 § , '05 ch.228, 3 Ap
s Neb. Amdg. Ann. S. '03 §2816 rel. to disposal of Lewis & Clark
Exposition exhibit at public auction. 2§ '05 ch.232, 4 Ap
t N. Y. Lewis & Clark Exposition Com'n consisting of 7 appointees of
Gov. to prepare state exhibit. Supplementing '04 ch.729. 4§
'o5ch.7i5, 3 Je
u Or. Amdg. '03 p.6 : Lewis & Clark Exposition to open June i
[May i] & close Oct. 15 [Nov. i] 1905. i§ '05 ch. 32, 6 P
▼ Or. Lewis & Clark Exposition Co. to have right of eminent domain.
i§ '05 ch.47, 10 F
w U. Com'n of 5 to arrange plans for representation at Lewis & Clark
Exposition. Rep. '03 ch.96 §1-9. i2§ '05 ch.54, 9 Mr
X Wash. Gov. to appoint com'n to manage state exhibit at Lewis &
Clark Exposition; $75,000. Rep. '03 ch. 188. io§ '05 ch.6, 25 Ja
y Wash. County com'rs may exhibit products at Lewis & Clark Ex-
position. i§ '05 ch.13, 14 F
z Wy. Com'n to be appointed to direct preparation & management
of state exhibit at Lewis & Clark Exposition; $10,000. ii§
•05 ch.44, 15 F
1675 Resources and attractions. Immigration
Set also 31x4. Emigrant agents
a Del. Extending for 2 yrs term of State Bd of Immigration Com'rs
appointed by '03 ch.333. 2§ '05 ch.8i, 20 Ap
b Mass. Appropriating $500 for publication by Bureau of Statistics of
Labor of information as to unutilized industrial opportunities.
'05 r.57, 28 Ap
c N. H. Amdg. P.S. ch.12 §10: encouragement of immigration and
summer residence by advertising state's natural resources; $3000
[$2000] annually. i§ .'05 ch.96, 10 Mr
d N. M. Amdg. C.L.'97 §1870 rel. to composition & incidental ex-
penses of Bureau of Immigration. 2§ '05 ch. 1 10, 16 Mr
c N. C. Rep. 'qi ch.555 which imposed duties of Com'r of Immigra-
tion on Com'r of Agric. i§ '05 ch.421, 4 Mr
z675-80 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
f N. D. $20,000 for publication rel. to resources of state with view to
immigration; Com'r of Agric. & Labor with approval of Gov. to direct
expenditure. 2§ '05 ch. 26, 15 Mr
g Wis. Cotmty bd of supendsors may appropriate $1000 a yr to
assist immigration ass'ns. 3§ '05 ch.458, 19 Je
h Wy. Gov. to publish Jan. i, 1906 pamphlet known as *' State of
Wy." concerning resources of state. 2§ '05 ch.9S, 21 F
1679 Banking
f
Banks of deposit or two or more kinds of banking institutions. See also 500,
Corporations; 843, Taxation of banking institutions.
a Cal. Amdg. '03 ch.266 §13, 15, 20, 23-24 rel. to salary & expenses
of Bank Com'rs; forfeiture of bank charter; cash reserve. 7§
'05 ch.296, 20 Mr
b Id. Gen. banking law. So§ '05 p.i7S, 6 Mr
c Ind. "An act to regulate . . . banking by individuals, part-
nerships & unincorporated persons." io§ *o5 ch.109, 4 Mr
d Mass. International transportation co. which receives & transmits
money to give $15,000 bond; exceptions; penalty. 5§
'05 ch.428, 22 My
e Neb. Amdg. Ann.S.'o3 §3707 rel. to issue of bank charter: re-
sponsibility of applicant; fee. '05 ch.9, 25 Mr
f Neb. Amdg. Ann. S.'o3 §3704, 3714: banks not to transact business
till charter is obtained from State Banking Bd ; increasing amount of
cash capital required in towns & cities under 1000; penalty, $50 a
day for failure to provide charter. 4§ '05 ch.8', 30 Mr
g N. D. Gen. banking law. 42 § '05 ch.165, 6 Mr
h Tex. Gen. banking law. 80 § '05 ch.io (ex. sess.), 26 My
i W. Va. Amdg. C. ch.S4 §78 rel. to banking insts.: loans to stock-
holder; savings banks, cooperative banking ass'ns & trust co. subject
to provisions of law; supervision of building & loan ass'ns & mutual
investment co. by Com'r of Banking; appointment of ass't com'r.
i§ '05 ch.45, 24 P
j Wis. Amdg. '03 ch.234 art. 2 §1, 3, 27, 45 rel. to banks: amount
of capital stock; incorp. fee; loans. 4§ '05 ch.109, 22 Ap
1680 Inspection. Reports. Departments
a Ari. Amdg. R.S.'oi §131-32 rel. to exam, of banks, trust co. &
loan ass'ns. 3§ '05 ch.33, 16 Mr
b Me. Amdg. R.S.'o3 ch.48 §79 as to authority of Bank Examiner
over trust & banking co. i§ '05 ch.12, 17 F
c Mich. Amdg. '87 ch.205 §39, 40: exam, of banks, 2 [i] or more
times a yr; fee, $2^ [$io]. 2§ '05 ch.88, 3 My
d Mo. Amdg. R.S.'99 §1309: 6 [4] Bank Examiners. i§
'05 p.96, 27 F
e Mon. Amdg. C.C. §577 rel. to reports of state banks & penalty for
false entry. 8§ '05 ch.19, 16 F
f N. H. Amdg. R.S. ch.162 §3, 4 rel. to Bd of Bank Com'rs: appoint-
ment of chairman; employment of experts. 2§ '05 ch.26, 21 F
BANKING 1680-88
g N. y. Amdg. banking law '92 ch.689 §20-22 rel. to reports of banks
& trust CO. 3§ '05 ch.297, 22 Ap
h N. Y. Amdg. banking law '92 ch.689 §8 rel. to exam, of banks &
trust CO. i§ *o5 ch.394, 16 My
i N. Y. Official communications from Banking Dep't to be submitted
to directors at next bd meeting. Adds §39 to banking law '92 ch.689.
i§ *o5 ch.416, 16 My
j N. C. Amdg. '03 ch.275 §23: Bank Examiner to verify report of
directors. 2§ '05 ch.S39, 6 Mr
k Pa. Com'r of Banking may appoint 5 additional examiners. i§
'05 ch.i3p, 7 Mr
m Pa. Salary of Deputy Com'r of Banking, $3000. i§
'05 ch.64, 31 Mr
n U. Amdg. R.S.'98 §388 as to attestation & filing of proof of pub-
lication of bank report. i§ '05 ch. 7 9, 9 Mr
p Wis. Com'r of Banking may employ additional examiner for trust
CO. & building & loan ass'ns; salary $1800. i§ '05 ch.517, 20 Je
1684 Capital
a CaL Amdg. C.C. §580: capital stock of banking corp. required by
law must be fully paid within 2 3rrs. i§ '05 ch.394, 20 Mr
b N. Y. Amdg. banking law. '92 ch.689 §17 as to sale of bank stock
on failure to pay assmt. ordered by Sup't of Banks to make good
impairment of capital. i§ '05 ch.649, 27 My
c N. C. Amdg. '03 ch.27S §12: holder of bank stock may make
valid transfer though indebted to bank. 2§ '05 ch. 5 3 9, 6 Mr
d Wy. Amdg. R.S.*99 §3086 rel. to capital stock of loan, trust or
savings bank co. i§ '05 ch.78, 21 P
1687 Dissolution. Insolvency
See also 523, Corporations
a 6a. Liens against banks for collections on collaterals. 2§
*o5 p.ioo, 22 Ag
b N. H. Amdg. P.S. ch.162 §15: in proceedings to forfeit bank char-
ter Superior [Supreme] Court to appoint receiver [assignee], i §
'05 ch.ss, 9 Mr
c Tenn. Amdg. *^^ ch.131 §1: felony for officers of insolvent bank
to receive money, notes, checks, drafts or other valuable securities on
deposit. 2§ 'oS ch.19, 4 F
z688 Deposits
For receiving deposits when insolvent see 1687
a Mich. Amdg. '87 ch.205 §32 rel. to certificates of deposit; banks
not to give preference to depositors by pledging assets of bank;
provisos. i§ 'oS ch.117, 11 My
b N. H. Adverse claimants against depository to be interpleaded;
procedure; costs. 6§ '05 ch. 6 2, 9 Mr
c S. D. Bank not to be liable on forged or raised check unless noti-
fied within 3 mo. after return of vouchers to depositor. 2§
'05 ch.s6, 23 F
Trust companies
1688-98 N. Y. STATE LIBRARY INDEX OP LEGISLATION I90S
d Vt. Advertising & reissue of lost savings bank or trust co. pass-
book. 3§ '04 ch.ioo, 30 N
1689 Foreign corporations
a Mon. Regulation of foreign corp. or joint stock co. doing banking
business in state. i8§ '05 ch.104, 7 Mr
b Wash. Regulating foreign banks & bankers doing business in
state. 5§ '05 ch.31, 24 F
1690 Liability of stockholders and officers
a Me. Amdg. R.S.*03 ch.48 §86: receiver of bank or trust co. to
enforce stockholder's liability by suit. i§ 'oSch.iQ.aaF
b S. C. Amdg. C.C. §i775 rel. to liability of stockholder of insolvent
bank. 2§ '05 ch.416, 22 P
1 691 Loans. Investments
a 6a. Amdg. C.'gS §1914: bank not to make loan to officer without
good collateral or other ample security; loan over 10% of capital
stock to require written approval of majority of directors. 2 §
'o5p.74, 22 Ag
b N. Y. Amdg. banking law '92 ch.689 §25 rel. to amount which
bank or trust co. may loan to i party. i§ *o5 ch.456, 16 My
c N. Y. Amdg. §179 of banking law '92 ch.689 ^^^- ^^ loans on 2d
mortgages, i § '05 ch.49 1,17 My
1692 Name. Domicile
a Ct. Penalty for unauthorized use of "bank," "trust," or "sav-
ings" in artificial or corporate name. Rep. G.S. '02 §3417. 2§
'05 ch.209, 6 Jl
b Me. An act prohibiting use of titles ordinarily applied to banks &
trust CO. by other than banking corp . i § 'o 5 ch. 1 7 1 , 2 4 Mr
c Okl. Amdg. '99 ch.4 §2 : unlawful for bank to move place of busi-
ness without amdg. charter. 2§ '05 ch.7 art.i, 13 Mr
1693 Officers. Meetings
a N. Y. Amdg. Pen. C. §600 rel. to penalty for overdrafts by officer
of bank or trust co. or for accepting commission from depositor to
secure special favors. i§ '05 ch.248, 20 Ap
b N. Y. 3 directors of bank or trust co. to examine affairs in Ap. &
Oct. & report to Bd. Adds §2ia to banking law '92 ch.689. ij
'05 ch.418, 16 My
1695 Reserve. Surplus
a Me. Amdg.R.S.'o3 ch.48 §80 rel. to cash reserve of banks and
trust CO. i§ *o5 ch.15, 21 F
X698 Trust and safe deposit companies
a Cal. Use of word "trust" confined to certain companies. Adds
§ 23 to '91, ch. 264. i§ '05 ch. 259, 18 Mr
Codified as C.fc. §290^. '05 ch.279, 18 Mr
b Cal. Corp. not to act in fiduciary capacity unless having paid-up
capital of $100,000. Adds §25 to '03 ch.266. 7§ '0$ ch.296, 20 Mr
Savings banks
BANKING 1698-1712
c Ind. Loan & trust or safe deposit co. may reduce capital stock
with consent of State Auditor; limit in certain cities. 3§
*o5 ch.i2i, 4 Mr
d Mass. '*An act rel. to increase of capital stock by trust co." i§
*o5 ch.189, 17 Mr
e Mass. Amdg. R.L.ch.ii6 §30: receiver of insolvent trust co. may
with consent of Supreme Court enforce stockholder's liability. i§
'05 ch.228, 28 Mr
g Minn. State Treasurer [Auditor] to have custody of security de-
posited by annuity, safe deposit & trust co. 4§ '05 ch. 49, 21 Mr
h N. M. Amdg. '03 ch.52 §3 subdiv.8, §22 rel. to investments &
reincorp. of trust co. 3§ '05 ch.78, 15 Mr
i N. Y. Amdg. banking law '92 ch.689 §156 subdiv. 6: trust co. may
by court order act as guardian, receiver or trustee of minor's estate
[with annual income of $100]. i§ '05 ch.4r4, 16 My
j Okl. Amdg. '01 ch.ii art.s §4, iS/97 ch.9 art. 2 §4 rel. to trust &
guaranty co. powers; deposit of $50,000 [$200,000] in cash or certain
securities with Treasurer of Territory; common law rule rel. to surety
not to apply. 5§ '05 ch.io art. 3, 15 Mr
k S. D. Organization, powers & control of trust co. 24§
'05 ch.74, 10 Mr
m Wis. Amdg. S.'98 §179 id, i79ie, 1791! rel. to trust co.: reports;
forfeitures; exam.; falsifying records; transaction of business. Adds
§i79ii subdiv.1-5. 8§ '05 ch.504, 20 Je
n Wy. '*An act creating abstract, loan, & real estate corporations
... to act as receivers, trustees, administrators, executors & guar-
dians." 5§ '05 ch.6o, 20 F
1703 Investments. Reserves
a Mass. Amdg. '04 ch.374 §7 rel. to reserve of trust co. i§
'05 ch.331, 25 Ap
b Vt. Amdg. S. §4096: trust co. may invest 80% [70%] of capital
& surplus in real estate mortgages; 60% [50%] outside state. i§
'04 ch.98, 8 D
1705 Officers
a Vt. Amdg. S. §4103: loans by trust co. to officer at one time not
to exceed 5% of stock; exception if made on security provided inS.
\40g6, 4101. i§ *o4 ch.99, 6 D
1708 Savings banks
a Ct. Consolidation of savings banks. 9§ '05 ch.156, 21 Je
b N. Y. Amdg. banking law '92 ch.689 §131 : restricting use of "sav-
ings" to savings bank or building & loan co. i§ '05 ch.s64, 19 My
17x2 Deposits
a Cal. Savings inst. must report biennially to Bank Com'r accovmts
without draft or deposit for 10 yrs if depositor is not known
to be living. Rep.'93 ch.154, '97 ch.29 & adds C.C. §s83b. 3§
'05 ch.430, 21 Mr
Investment companies
17x3-15 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
b N. H. Lost or destroyed savings bank book to be advertised 3 mo.
before reissue; procedure on refusal or adverse claims. 3§
•oS ch.45, 8 Mr
c N. H. Treasurer of savings bank or co. having savings dep't
not to retain depositor's passbook more than 10 days except as col-
lateral. i§ '05 ch. 5 6, 9 Mr
d N. J. Savings bank may declare greater dividend on stuns below
than above $1000. Supplements '76 ch.195. i§ '05 ch. 123, 11 Ap
e Wash. Savings inst. to report annually accounts standing 10 yrs
without draft or deposit unless depositor is known to be alive. 2§
'05 ch.129, 9 Mr
17x3 Investments. Reserves
a Me. Amdg. R.S.'o3 ch.48 §23 I5, 6: investment of savings bank
deposits in bonds or stock of domestic corp. actually conducting in
state business for which created. 2§ '05 ch.103, 2z Mr
b Me. Amdg. R.S.'o3 ch.48 §24: savings banks may hold real estate
up to amount of reserve fund. i§ '05 ch. 122, 21 Mr
c Mass. Amdg. R.L. ch.113 §26 as to investments by savings banks
in certain railroad bonds. i§ '05 ch.250, 31 Mr
d Mich. Amdg. '87 ch. 2 05 §27, 52 rel. to investments of savings bank
deposits: Com'rs to pass on. securities. Adds §67. 3§
'05 ch.262, 16 Je
e N. H. Amdg. '01 ch.114 §1 tiS as to investment of savings bank
funds in railroad stock. i§ '05 ch. 7$, 9 Mr
f N. H. Amdg. '01 ch.114 §1 II9 as to investment by savings bank
in mim. bonds. i§ '05 ch.8r, 9 Mr
g N. Y. Amdg. banking law, '92 ch.689 §116 subdiv.s-6 rel. to secu-
rities in which deposits in savings bank may be invested. 2§
'05 ch.401, 16 My
h Vt. Amdg. S. §4096: savings banks may invest 80% [70%] of
capital & surplus in real estate mortgages; 60% [50%] outside state.
i§ '04 ch.98, 8 D
17x4 Officers
a N. H. Amdg. P.S. ch.165 §18: treasurer of trust co. with savings
bank dep't to give bond. 2§ '05 ch.32, 23 F
Z715 Mortgage, loan and investment companies
a CaL Investment co. to deposit $5000 cash or securities & semi-
annually 10% of premiums from sale of bonds or certificates up to
$100,000; filing of articles of incorp.; reserve of 40% of sales of cer-
tificates; loans; dissolution. Adds P.C. §635a-l. i2§
'05 ch.163, 18 Mr
b Ct. Amdg. G.S.*o2 §2455 rel. to definition of investment co. i|
'05 ch.2S2, 19 Jl
c Me. Sale on instalment plan of bonds & obligations by foreign
Corp.; license from bank examiner; security; supervision. 3§
'05 ch.73, 15 Mr
Building and loan associations
BANKING 1715-ao
d Mass. Amdg. R.L. ch.73 §7,8: penalty for issue or r^c/^mpfe'on of
obligations without reference to amount paid, $2000 [$50 for each
offense] or i yrin prison; receiver for guilty cor p. 2§
'05 ch.454, 25 My
e Mich. Amdg.'77 ch.205 §3, 8, 12, 13 rel. to loan ass'ns; actual
capital stock ^i 00, 000 [$50,000] invested in real estate securities; loans
may be made on bonds and deeds of trust. 4§ '05 ch.82, i My
f Minn. 3 or more persons may incorporate with $100,000 capital to
deal in mortgages on farms; powers, duties; supervision; fees. 26§
*o5 ch.93, 31 Mr
g Mon. Incorp. of endowment & investment co. i7§
*oS ch.ioo, 7 Mr
h Wis. Supervision & control of investment co. not under statutory
regulation. Rep.'pp ch.216, '03 ch.374. 4§ *o5 ch.219, 18 My
Z718 Building and loan associations
The names of these organizations vary somewhat but the powers and regulations
do not depend on the name. The ordinary phrase is building and loan associa-
tions, but they are elsewhere c&lled savings and loan associations, cooperative loan
associations, etc.. and in Massachusetts cooperative banks.
a Cal. Rev. '93 ch.i88 rel. to supervision, examination & licensing
of building & loan & kindred ass'ns. i9§ '05 ch.504, 21 Mr
b Ct. Amdg. G.S.'o2 §4811: expenses of com'r of Building & Loan
Ass'ns $750 [$Soo]. i§ '05 ch.265, 19 Jl
c Me. Amdg. R.S. '03 ch.48 §76 rel. to incorp. of loan & building
ass'ns. i§ '05 ch.42, 8 Mr
d N. H. Amdg. P.S. ch.i66 §1, 4: approval of Bank Com'r required
\f for incorp. of building & loan ass'n. 3§ '05 ch.30, 23 F
e N. J. Court of Chancery to have jurisdiction over trustees of
building & loan ass'n & proceedings. Supplements '03 ch.218. 2§
'oS ch.142, 13 Ap
f N. Y. Amdg. banking law '92 ch.689,§i95b rel. to expenses of
building & mutual loan corp. i§ '05 ch.673, i Je
g N. C. Building & loan ass'n law. 28§ '05 ch.435, 4 Mr
h Okl. Regulation & inspection of building & loan ass'ns. i6§
'oS ch.io art.5, 15 Mr
i S. D. Amdg. C.C. §837 rel. to scope of building & loan ass'n law.
2§ '05 ch.6i, 8 Mr
j Wis. Amdg. S. '98 §2014 subdiv.i6: not over 1000 copies of bank
examiners report on building & loan ass'ns to be printed, ij
'05 ch.74, II Ap
1720 Inspection
a N. D. Amdg. R.C.'99 §3218: State Examiner to examine building
& loan ass'ns, i [2] or more times a yr. i§ '05 ch.S9, 11 Mr
b Vt. Expense of computing reserve liability of domestic insur-
ance CO. to be paid from fees. i§ '04 ch.104, 7 D
c Wis. Amdg. S.'98 §2014 subdiv.13: Bank Examiner to make
annual [biennial] exam, of mutual loan & building ass'ns. i§
'05 ch.358, 12 Je
Pawnbroking
1721-27 • N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
1721 Capital. Shares
a Cal. Holder of share in land & building corp. may surrender it
on 30 days written notice & receive subscription price & share of
profits. Adds C.C. §638a & rep. §648^. 2§ '05 ch.56s, 22 Mr
b N. Y. Amdg. banking law '92 ch.689 §174: cooperative savings
'& loan ass'n may issue 10% of its capital in $50 juvenile saving shares
for exclusive benefit & control of minor; not chargeable with losses
nor entitled to vote; ^ regular dividends. i§ '05 ch.604, 24 My
c N. Y. Amdg. banking law '92 ch.689 §176 rel. to withdrawal of free
shares of cooperative savings & loan ass'n. i§ '05 ch.757, 3 Je
d S. C. Amdg. '03 ch.42 §1 : no fee to be charged on increase of capi-
tal stock of building & loan ass'n. i§ '05 ch.449, 22 P
e S. D. Amdg.C.C. §835 : building & loan ass'n with assets of $50,000
may issue guaranty or permanent stock; dividends. 2§
'05 ch.62, 10 Mr
1723 Foreign associations
a Nev. Foreign building & loan society to pay annual license of
$100; annual report; supervision by Insurance Com*r. 5§
•0$ ch.73, 13 Mr
1724 Loans. Investments
a Ari. Amdg. R.S. '01 §835 as to security for loan of savings or
loan ass'n to director or officer. i§ *oSch.i3,2iP
b Ga. Amdg. €.'95 §2388: building & loan ass'ns may make loans
on real estate situated in county [cities or towns & their suburbs] where
ass'n is located. 2§ '05 p. 83, 23 Ag
c N. J. Building & loan ass'n may invest 5% of assets in building
for its offices. Supplements '03 ch. 2 1 8. i § '05 ch. 2 2 1 , 29 Ap
1727 Pawnbroking
5m also 463, Usury; 1568, Junk and secondhand dealers
a Cal. "An act fixing rates of interest & charges on loans on chattel
mortgages on certain personal property . . . penalties ..."
2§ , '05 ch.3S4, 20 Mr
b CaL Amdg. Pen.C. §343 : msdr. for pawnbroker to refuse to allow
deputy of sheriff or chief of police to inspect register of pledges. i§
'oS ch.508, 21 Mr
c Cal. Corp. having $50,000 capital may lend on security of per-
sonalty in sums imder $300; not to engage in banking; license bond;
interest z^% a month; reports; supervision; dividends; exceptions.
i5§ *o5 ch.sso, 21 Mr
d Ct Rev. G.S. '02 ch.266 rel. to pawnbrokers. 9§ '05 ch.235, 13 Jl
e Del. Licensing brokers in New Castle county to make loans under
$100, charging 5% additional to legal rate of 6%; copy of contract
to be given to borrower; penalty. 9§ '05 ch.149, ^9 Mr
f Mass. An act to incorporate the Security Loan Ass'n. io|
*o5 ch.334, 26 Ap
INSURANCE 1737-33
Amdg.R.L. ch.102 §40 rel. to licenses of pawnbrokers &
fees. i§ '05 ch.415, 18 My
h N. Y. Amdg.*95 ch.326 §1: 5 persons may incorporate to lend
money on personal property in incorporated city [city of 2 5 ,000]. i §
'05 ch.333, 26 Ap
i Tenn. Penalty for lending money on personal property, wages or
salaries or for buying wages or salaries without license. i8§
'05 ch.109, 30 Mr
173a Insurance
Sm also 500, Corporatioiu; 844, Taxation of insurance companies
a Del. Amdg. 'ox ch.99 §4 rel. to certificate of incorp. of insurance
CO. : conditions required of stock & mutual co. 3§ '05 ch.72, 16 F
b Del. Amdg. '01 ch.99 §3-4 as to certificate of incorp. of insurance
CO. : assets of mutual fire insurance co. ; conditions required of stock
CO. carrying on life, fire & other [accident] insurance. 3§
•oS ch.74, 30 Mr
c Id. Amdg. '01 p.165 ch.i §7, ch.2 §6, 19 rel. to insurance corp. :
discriminations ; capital stock, surplus & investments of foreign corp. ;
salary & allowance for clerk hire of State Insurance Com'r. 4§
'o5p.a55. 7Mr
d Kan. Amdg. G.S. '01 §3381, 3385 rel. to licensing of insurance co.
& penalty for breach of insurance laws. 4§ •o5ch.27o,iMr
e Me. Compilation of insurance laws to be issued. 'o5r.ii9,2iMr
f N. M. Regulating business of insurance. Rep. C.L. '97 §2115,
2117-20,2122-26,2128-35; '01 ch.io6. 3i§ *o5ch.5,9F
Amended, '05 ch.39, 8 Mr
Amended. '05 ch.70, 14 Mr
g - Vt. Amdg. S. §4171 as to duties of Insurance Com 'rs. i§
'04 ch.ioi, 16 N
h Vt Requirements for beginning business by domestic insurance
CO.; appointment of agents. 4§ 'o4ch.io5, 3 D
i W. Va. Insurance co. other than life & fire: paid-up capital &
reserve fund of domestic corp. ; fire insurance law to apply to domestic
& foreign corp. ; fraternal beneficiary societies & farmers hora^ mutual
fire insurande co. excepted. 4§ '05 ch.37, 23 F
j Wis. Amdg. S. '98 §1972 rel. to fees of licensed insurance co.;
exceptions. i§ '05 ch.90, 20 Ap
k Wis. Amdg. '01 ch. 23 2 rel. to reinsurance CO.; foreign co.; annual
statement. i§ '05 ch.206, 16 My
1733 State department
a Minn. Provision for continuing Dep't of Insurance; regulating
compensation & fees. 9§ '05 ch. 229, 17 Ap
b Pa. Salary of Deputy Insurance Com'r $2500. i§ '05 ch.241, 4 My
c Wis. Amdg. S.'98 §1967: Insurance Com'r to give bond oi$ioor
000 [$20,000] with 6 [2] sureties or surety co. i § *o5 ch. 180, 8 My
d Wis. Amdg. S.*98 §19 7 2b rel. to publication of annual report of
Com'r of Insurance. i§ '05 ch.212, 16 My
1733-38 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
e Wis. Amdg. S. '98 §1971: Com'r of Insurance to publish annually
list of Corp. licensed to transact business in state; $400 annual appro-
priation. 3§ '05 ch.451, 19 Je
f Wis. Amdg. S.'98 §1967: state to pay cost of surety bond not
over i% oi amount of bond. i§ '05 ch.425, 20 Jc
g Wis. Amdg. S.'98 11967a: Com'r of Insurance may appoint addi-
tional clerks. i§ '05 ch.503, 20 Je
1734 Examination. Report
a Ct. Amdg. G.S.'o2 §3493 rel. to fees to be paid by insurance co.
i§ *o5ch.7,5Ap
b Minn. Amdg. '95 ch.175 §74 as to publication of annual statement
of condition of insurance co. i§ '05 ch.248, 18 Ap
c Neb. Insurance co. created Tinder laws of state to iile annual
[semiannual] statement with Auditor of State. Amdg. Ann. S.'o3
§6440; rep. §6452. 3§ •o5ch.36, 4Ap
d S. D. Amdg. C.C. §593 rel. to publication of yearly statement of
insurance co. 2§ '05 ch.130, 8 Mr
1736 Agents
a Itt N. Y. Insurance co. prohibited from making soliciting agent the
agent of insured. Adds §59 to insurance law '92 ch.690. i§
*o5 ch.568, 19 My
b N. C. Fire insurance co. not to limit com'n joint agent may re-
ceive from other co. 2§ '05 ch. 4 2 4, 4 Mr
c Vt. Fire policy of foreign insurance co. to be coimtersigned by
resident agent. i§ '04 ch.io8, 10 D
d Wis. Amdg. S. '98 §1976 rel. to imlicensed agents of insurance
. CO.: certain companies excepted; prosecution by district atty. ij
'05 ch.38, 27 Mr
e Wis. Amdg. '99 ch. 190 §1: individual agent of foreign fire
insurance co. to approve risk, & countersign policy & enter on record
for state tax. i§ '05 ch.i66, 3 My
f Wis. Amdg. S. '98 §1977 defining insurance agent: exceptions. i§
'o5ch.3S3, 12 Je
1737 Amendment and extension of charter. Reorganization
a N. Y. Amdg. insurance law '92 ch.690 §52 as to amdts. to charter
of domestic insurance co. i§ '05 ch.574, 19 My
1738
Brokers
H. H. License fee $10 for fire insurance broker; broker's knowledge
chargeable to co. Supplements P.S. ch.169. 3§ '05 ch.29, 2a F
N. C. Amdg. '03 ch.488 §1-2: nonresident fire insurance broker
may be licensed on afiidavit not to place insurance in state except
through resident broker who may pay him com'n not exceeding 5% of
premiums; license fee $3 a yr. 2§ '05 ch.170, 13 F
Vt. Amdg. S. §4197 rel. to license to brokers to procure fire in-
surance in unauthorized co. i§ '04 ch.102, 9 D
INSURANCE 1739-46
X739 Capital
a Ct. Amdg. G.S. 02 §3626: Com'r of Insurance not to approve of
fire insurance co. imless it has paid-up capital or if mutual, net cash
assets of $100,000. i§ '05 ch.20, 19 Ap
b Minn. Amdg. '95ch.z75 §29 rel. to capital required of insurance
CO. taking certain restricted risks. i§ '05 ch.118, 7 Ap
1740 Combinations
a Tenn. Fire insurance co. or representatives not to combine to
maintain specific rates on property in state; penalty; State Insur-
ance Com'r to investigate violations. 5§ *oS ch.479, 17 Ap
1742 Deposit of security. Reserve
a Del. State Insurance Com'r to hold deposits of corp. organized in
state, & doing business in other state where allowed to place deposits
with proper officers of this state; withdrawal of securities; attach-
ment of securities. 4§ '05 ch.73, 23 F
b Ga. Amdg. C.'9S §2035 : deposit of foreign fire & casualty co. with
State Treasurer may be in county or mun. bonds of state. 2§
'o5p.7S, 22 Ag
c Ga. Amdg. C. '95 §2043: state life & accident insurance co. to
make deposit with State Treasurer [Insurance Com'r or corp. ap-
proved by him]; withdrawing & replacing of securities. 2§
'oS p.76, 22 Ag
4 Ga. Amdg. C. '95 §2061: assmt. life insurance co. to deposit
bonds of $20,000 par value & not under $20,000 market value. 2§
'oS p.77, 23 Ag
•e Mass. **An act rel. to reserves of certain insurance co." 3§
'05 ch.287, 13 Ap
f N. Y. Amdg. insurance law '92 ch.690 §86 rel. to reports of ex-
perience of insurance co. in business 10 yrs as basis for reserve; reserve
in other CO. i§ '05 ch. 113, 30 Mr
g S. D. Title guaranty, employers liability & burglary insurance
corp. to deposit not less than $20,000 in securities with State Treas-
urer; powers & duties; foreign co. 7§ '05 ch.73, ^ Mr
h Vt. Amdg. S. §4216 rel. to deposit of domestic insurance co. doing
foreign business. i§ '04 ch.107, 27 O
374J Discrimination
a Minn. Fire insurance co. not to discriminate in rates between
risks of same class. io§ '05 ch.331, 19 Ap
b Wash. Prohibiting discrimination in rates by life insurance co. or
pajmient of rebate or com'n except to agent; exceptions. 5§
'05 ch.178, 14 Mr
7743 Dissolution. Insolvency
a Cal. Amdg. P.C. §602 rel. to insolvency of insurance co. 2§
'05 ch.327, 20 Mr
2746 Foreign companies
a Del. Foreign insurance co. to appoint State Insurance Com'r as
atty. to accept service of legal process. 4§ '05 ch. 71, 13 Ap
Life and accident
1746-54 N. Y. STATE LIBRARY INDEX OP LEGISLATION I90S
b Ind. Regulating admission of foreign casualty, surety & health*co.
x§ *o5 ch.156, 6Mr
c Minn. Amdg. '95 ch.175 §97 as to certificate required of foreign
insurance co. preliminary to beginning business. 3§ 'o5ch.z8z,x5 Ap
d N. D. Amdg. R.C. '99 §3128: Com'r of Insurance to revoke license
of foreign corp. on removal of certain cases from state to U. S. court.
i§ *o5 ch.z24, 13 Mr
X747 Investments
a Cal. Investment of funds by insurance co. Adds CO. $421 & rep.
5427. 2§ *o5 ch.39, 3 Mr
b Cal. Investment of capital & surplus of insurance co. Adds C.C.
§421; rep. §427. 2§ *o5 ch.470, 21 Mr
c Ind. Amdg. '99 ch.28 §22 rel. to investment of funds of life in-
surance CO. z§ '05 ch.zo8, 4 Mr
d Ind. Investment of funds of foreign insurance co. i §
'05 ch. 128, 6 Mr
e Mich. Amdg. '69 ch.136 §8 rel. to investment of fimds of fire &
marine insurance co. x§ '05 ch.xSS, x Je
f N. D. Amdg. R.C. '99 §3094: capital & surplus of domestic in-
surance Corp. may be invested in mortgages or bonds of any state
in which authorized to do business. i§ '05 ch.122, 27 P
1748 Liability. Actions against company
a Neb. Amdg. Ann. S. '03 §1054: action against insurance co. may
be brought in county where contract has been violated or is to be-
performed. 2§ *o5 ch.171, x Ap
1751 Property
a Cal. Amdg. C.C. §415 rel. to holding purchase & conveyance of
real estate by insurance co. i§ '05 ch.27, 24 P
1752 PoHcies
a Cal. Amdg. C.C. §2541: mortgagee may satisfy warranties of in-
surance policy taken on property by mortgagor, i } *o5 ch.458, 2 1 Mr
2754 Life and accident
a Minn. Rev. '01 ch.178 providing for incorp. & regidation of li£e
insurance co. on fixed premitmi plan. 28 § *o5 ch.235, x7 Ap
b Minn. Consolidation & reinsurance of domestic co. transacting life^
accident or health insurance business. 6§ '05 ch.303, ig Ap
I c S. D. Organization, powers & control of life insurance 00. on the
' mutual fixed level premium plan. 40 § '05 ch. 125, 9 Mr
d Wis. Consolidation & reinsurance of domestic life, accident or
health insurance co. 6§ *os ch.x7o, $ My
e Wis. Amdg. $.'98 §1951'- domestic life insurance co. may invest
in certain mortgages; not to insure fire, marine, accident or livestock
risks or to do banking business except as otherwise provided by law.
I i§ '05 ch.263, as My
Life and accideint
INSURANCE 1755-60
Z755 Actions against company. Liability
a Vt. Time limit to sue upon accident policy must be at least i yr.
z§ 'o4ch.zo6, 9D
Agents, S99 Z736
Brokers, set 1738
Combinations, jm 1740
Discrimination, m» 1743
Investments, sw 1747
2758 Policy. Application. Rates
a Ct. Amdg. G.S.'o2 §4548 rel. to life insurance policy for benefit of
married woman: premiiun paid in fraud of creditor. z§
*o5 ch.52, 12 My
. b N. C. Life insurance co. may issue *' registered" policy secured
by deposits with Insurance Com'r. Adds §12-21 to '03 ch.536. io§
'05 ch.504, 6 Mr
c Tenn. Life insurance co., other than fraternal beneficiary ass'ns
to print on face of policy words indicative of character of policy, ap-
proved by State Insurance Com'r. 3§ '05 ch. 392, 14 Ap
1756(5 Reinsurance. Reserve
a CaL Amdg. P.C. §634 rel. to deposit of security by life insurance
CO. on registered policies. i§ '05 ch. 156, 18 Mr
b Ct. Rev. '03 ch.i68 rel. to reserve of life & accident insurance co.
5§ 'o5ch.272, 19 Jl
c N. C. Amdg. '03 ch.S36 §4 : reserve of life insurance co. to be trust
fund for benefit of policy holders. i§ '05 ch. 4 10, 4 Mr
d Vt. Amdg. '02 ch.76 §2 as to use of certain mortuary tables in
computing reserve liallility of insurance co. i§ '04 ch.103, 30 N
e Wis. Amdg. S.'98 §1950 rel. to annual valuation of life insurance
policies: Com'r of Insurance to appoint actuary at salary of $2400 &
assistant actuary at $1500. 2§ *oS ch.519, 16 Je
1758(7 Surplus. Dividends
a Cal. Dividend of life insurance co. Adds C.C. §452 Sc rep. §431,
448. 3§ '05 ch.421, 21 Mr
b Wis, Amdg. S. '98 §1952. rel. to disposition of surplus in mutual
life insurance co. i§ *o5 ch.448, 20 Je
1759 Mutual insurance
a Cal. Amdg. C.C. §437 : mutual life insurance co. to have capital
stock of $200,000 [$100,000]. i§ *os ch.i88, 18 Mr
b Cal. Formation of mutual benefit or life ass 'n; assmt. of mem-
bers; bylaws. Adds C.C. §452a, 453. 2§ '05 ch.349, 20 Mr
1760 Assessment companies
a Cal. Life, health, accident & annuity or endowment insurance on
assmt. plan. Adds C.C. §453^-P- ^35 'o5 ch.3S3, 20 Mr
Accident and^industrial
1760-62 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
b N. Y. Amdg. insurance law '92 ch.690 §207-8 as to expense of
management of life or casualty insurance corp. on cooperative or
assmt. plan. 3§ • *oS ch.569. 19 My
1761 Fraternal beneficiary societies
a 111. Amdg. '93 p. 130 §12 rel. to suit by Atty. Gen. at instance of
Com'r of Insurance to enjoin fraternal insurance co. from continuing
to do business. i§ '05 p. 291, 16 liy
b Me. Adding §158 to R.S. '03 ch.49: fraternal benefit organizations
doing business in state Feb. 28, 1889 defined. 2§ '05 ch.28, 28 F
c Me. Adding to R.S. '03 ch.49: regulation & licensing of certain
fraternal beneficiary ass 'ns. $ § 'o $ ch. 80 , 1 7 Mr
d Mass. Foreign fraternal beneficiary corp. not to use name easily
mistaken for that of domestic corp. i§ '05 ch.315, 20 Ap
e Mich. Amdg. '93 ch.119 §8 rel. to incorp. of fraternal beneficiary
soc. i§ '05 ch.3, 7 F
f Mich. Amdg. '87 ch.187 §34, 37, 39 rel. to mutual benefit ass'ns:
reserve; dissolution; insolvency. 4§ '05 ch.34, 29 Mr
g Mich. Amdg. '03 ch. 171 §8: ass'n not for profit to do no burial
benefit insurance over $200 [$ioo]. i§ '0$ ch.68, 19 Ap
h Neb. Amdg. C.L. '03 §2163-64 rel. to powers of certain fraternal
orders. 3§ '05 ch.41, 23 Mr
i Neb. Fraternal beneficial societies may consolidate or enter into
reinsurance contract with other organizations ; plan & financial state-
ment to be approved by Auditor; J vote of both ass'ns required. 3 J
'o5ch.87, 28 Mr
j N. Y. Amdg. insurance law '92 ch.6Qo §234 as to filing of const.
& bylaws of mutual benefit fraternity ^dth Insurance Com'r. i§
'05 ch.567, 19 My
k Tcnn. Rev. '01 ch.i 13 rel. to organization & regulation of fraternal
beneficiary ass'ns doing business of life insurance. 39 §
'05 ch.480, 17 Ap
m Wis. Annual report of fraternal & mutual beneficiary ass'ns.
Adds S. '98 §i955gsubdiv.3i. i§ '05 ch.3S7, 12 Je
2762 Accident^ health and industrial insurance
a Cal. Liability & loss reserve of accident insurance co. Adds P.C.
§6i2a. 2§ '05 ch. 327, 20 Mr
b DeL Amdg. '87 ch.140: industrial life insurance co. to pay to
State Insurance Com'r license fee of agent. i§ '05 ch.75, 6 Ap
c Fla, Rev. '03 ch. 1 1 7 rel. to sick & funeral benefit insurance co.
II J *o5ch.88, 5je
d Ga. Defining & regulating industrial life insurance. 7§
•05 p.96, 22 Ag
• Me. Amdg. R.S. '03 ch.49 §95 rel. to notice of injury to casualty
insurance co. : limit of less than 10 days to give notice of sickness
invalid. i§ '05 ch.121, 21 Mr
f Mich. Amdg. '81 ch.237 §3 rel. to computation of reserve fimd of
employers liability insurance co. i§ 'osch.i37,25My
Fire and casualty
INSURANCE 1762-68
g Neb. Amdg. C.S.*o3 §4008: mutual foreign accident ass'n or
Corp. exempt trom requirement as to assets imposed on foreign in-
surance CO. 2§ '05 ch.86, z Ap
h Neb. Foreign accident, or sickness insurance co. conducted on
assmt. plan, promising to pay funeral benefits not exceeding $200
may be admitted to transact business. Adds §408 2a to C.S. '03.
I J 'oSch.SQ, 3Ap
i Tex. Amdg. '03 ch. 1 1 1 §9 rel. to reserve fund of mutual assmt.
accident insurance co. i § '05 ch. 1 2 5 , 1 5 Ap
1764 Fire and other casualty
See also 791. 2558, Insurance of public property; 1092, Fires; 1104, Fire limits:
1893. Forest fires; 2603, Fire department
a Ct. Amdg. G.S.'o2 §3501 rel. to report of fire & marine insurance
CO.: amount required to reinsure fire risks. i§ '05 ch.9, 5 Ap
b 111. Exam, of casualty insurance co. by State Sup't; reserve.
Adds § 1 2a to '99 p. 237. i§ '05 p.288, 16 My
c 111. Fire insurance co. may insure extinguishing apparatus. i§
'05 p.290, 16 My
d N. Y. Amdg. insurance law '92 ch.690 §117 rel. to surplus &
dividends of domestic fire insurance corp. i§ '05 ch.251, 20 Ap
e Wis. Casualty, credit, title & surety insurance co. to have paid-up
capital of $250,000 & to deposit $250,000 to do business. Adds S. '98
§1966 subdiv. 31a. i§ *o5 ch.171, 8 My
f Wis. Amdg. S.'98§i92oasto reports of fire, inland navigation or
transportation insurance co.: exceptions. i§ '05 ch. 181, 8 My
g Wis. Amdg. S. '98 §1966 subdiv. 49 rel. to license fees of casualty
& suretyship insurance CO. Rep. '03 ch. 130, 413. 2| '05 ch.510, 20 Je
Agents, see 1736
Brokers, see 1738
Combinations, see 1740
Discrimination, see 1743
1766 Foreign companies
a Ind. Ad mission of foreign mutual fire insurance co. 2 §
'05 ch.65, 2 Mr
Investments, see 1747
1767 Liability. Losses
a Fla. Where personal property is totally destroyed &. amount of
loss is under amount of insurance, insurance co. to return to in-
sured unearned premium. 2§ '05 ch.87, 16 My
1768 Lloyd's associations
a Minn. Amdg. '95 ch.175 §85: Lloyd's ass 'n may transact sprinkler
leakage insurance. 2 J '05 ch. 130, 11 Ap
b N. Y. Reserve to be kept by Lloyd 's & other individual fire imder-
writers; change of name. Adds §138-39, 162 to insurance law '92
ch.690. 3§ '05 ch.566, 19 My
Fire and casualty
2769-70 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
1769 Policies. Rates
a Me. Amdg. R.S.*o3 ch.49 §4 If 7 rel. to standard fire policy: notice
of loss within reasonabU time [forthwith]. i§ '05 ch.158, 24 Mr
b Mich. Com'n to draft standard fire policy, amend it when necessary
& fix time when its tise should be obligatory. '81 ch.z49, 12 My
Unconst. Delegation of leg. authority. King v, Concordia Fire
Insurance Co. 103 N.W. 616 (1905).
c Mich. Rev. '81 ch.149 rel. to standard form of fire insurance
policy. 6§ 'oS ch.a77, 16 Je
d S. D. State Insurance Com'r to keep on file printed form for
insurance policy of type of N. Y. standard policy. C.C. 5664.
Unconst. in so far as it delegates to Com*r power to prescribe form
of poUcy which is leg. function. Phenix Ins. Co. v. Perkins 10 1
N.W. mo (1905).
e S. D. Standard form of fire insurance policy. Rep. C.C. '03 (664-
66. 4§ '05 ch. 1 26, 10 Mr
f Wis. Amdg. S.*98 §19453: fire insurance co. except domestic
mutual CO. to attach applications to policies. i§ '05 ch.Sz, 29 Mr
g Wis. Amdg. S.'98 §1941 subdiv.64 Hi: fire insurance policy to be
countersigned by individual agent. i§ *oS ch.102, 22 Ap
27^9(5 Reinsurance
a Cal. Amdg. C.C. §428: fire or marine insurance co. must at*once
reinsure excess of single risk over ^V capital. i§ '05 ch.420, 21 Mr
b Tex. Amdg. R.C.S. '95 art. 30 75 rel. to reinsurance by fire & marine
insurance co. ; agent's license to place excess insurance in unauthorized
CO.; report. Adds subdiv.2-6. i§ *o5 ch.8o, 13 Ap
2770 Mutual companies
a . 111. Organization & management of mutual casualty insurance co. •
foreign corp. 26§ *o5 p.293, 16 My
b Kan. Amdg. '85 ch.130 §1-2, 4-6 rel. to gxiarantee fund of mutual
fire & tornado insurance co. Rep. §3. 6§ *o5 ch.273, 25 F
c Kan. Amdg. G.S.'oi §3481 rel. to classification of property insur-
able by mutual fire insurance co. 2§ . '05 ch.274, 25 F
d Mich. Reorganization & extension of mutual fire insurance co.
when charter expires. Adds §24 to '73 ch.82. i§ *oS ch.2, 4 F
« Minn. Amdg. '95 ch.175 §36 rel. to issue of policies by mutual fire
insurance co. i§ '05 ch. 1x7, 7 Ap
f Mon. Organization of mutual hail or fire insurance co. X4§
*o5 ch.s8. 2 Mr
g Neb. Amdg. Ann.S. '03 §6416 rel. to notes deposited "with mutual
insurance co. : establishment of guaranty fund by co. doing city
business. *oS ch.84, 2 Mr
h Neb. Amdg. Ann.S '03 §6507, 6515 rel. to mutual fire, lightning &
tornado co.: amdt. of charter; limit of territory. 3§
*oS ch.88, 29 Mr
i Neb. Amdg. C.S.'o3 §3942: mutual fire, lightning & tornado co.
may insure grain & hay in stack on cultivated land. 2§
'oS ch.85, 3 Ap
INSURANCE
j N. J. Incorp. of mutual agricultural insurance co. Supplements
*o2 ch.134. 3§ '05 ch.2Sa, 3 Je
Is, N. Y. Amdg. insurance law '92 ch.690 §261, 264, 266, 271, 278 rel.
to incorp. & powers of town' or county cooperative fire or burglary
insurance co. 5§ '05 ch.217, 18 Ap
in S. D. Amdg.'o3 ch.163 §1: recovery barred on note not having
"nonnegotiable" written across it, when taken by mutual fire &
casualty insurance co. in payment of premium. 2§ '05 ch.128, 27 P
n Tex. Incorp. of printers mutual fire & storm insurance ass 'n. 3§
*oS ch.ii6, 15 Ap
p Wash. Amdg. '03 ch.97 §2 as to issue of policy outside city or
town by mutual fire insurance co. i§ '05 ch.7i, 6 Mr
q Wis. Amdg. '03 ch.229 rel. to division of assets of mutual fire
insurance co. reincorporating as stock corp. 5§ '05 ch. 107, 22 Ap
r Wis. Amdg. S '98 §1941 subdiv.7 as to contingent funds of city
& village mutual fire insurance co. i§ 'o5ch.i96,i2My
Z77X County companies
a N. D. Amdg. R.C. '99 §3134 rel. to organization of coimty mutual
insurance co. i§ '05 ch. 121, 2 Mr
b S. D. Amdg. C.C. §635: director of county mutual insurance co.
to hold office 3 [i] yrs; officers i yr; directors to elect vice presi-
dent ; ^ of directors to go out of office every year, i § '05 ch. 1 29 , 1 1 F
2773 Township companies
a 111. Amdg. R.S. '74 ch.73 §72: township co. may insure live stock,
harness or vehicle temporarily removed 25 m. from territory. i§
. '05 P.30S, 13 My
b IlL Amdg. '81 p.ioi §1, '95 p. 177 §1: township insurance co.
may extend to include 25 [12] townships. i§
'05 p.304, 16 My; *o5 p.305, 16 My
c Minn. Amdg. '75 ch.83 §2 rel. to* election of officers of town
insurance CO. i§ '05 ch.284, 19 Ap
4 Minn. Township fire insurance co. in same coimty may consolidate.
3§ 'o5ch.3i2, 19 Ap
c Wis. Amdg. S. '9 8 §1931: town insurance co. may insure black-
smith shops. i§ '05 ch.36, 27 Mr
Z773 Miscellaneous casualty
a Mich. Fire & marine insurance co. may insure against lightning,
wind & water. 2§ '05 ch.iS4, i Je
b Wis, Amdg. S. '98 §1941 subdiv.40 rel. to reports of retail limiber
dealers insurance ass'ns. i§ '05 ch.356, 12 Je
1777 Boilers
a Mass. '*An act to authorize certain employers liability co. to in-
siire against damage by steam boiler explosions. " 2 § '05 ch.40 1 , 1 2 My
Z787 Hail and cyclone
a Mich. Amdg.'8s ch.6 §1 as to kind of property insurable by
cyclone mutual insurance co. i§ '05 ch.s, 13 P
Surety and guaranty
17B7-95 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
b Wis. Amdg. S.'qS §1966 subdiv.i as to annual financial statement
of foreign hail insurance c6., to be filed with Com'r of Insurance.
*o5 ch.io6, 22 Ap
c Wis. Amdg. S. '98 §1966 subdiv.8 as to kind of property insurable
by mutual hail, tornado, cyclone & hurricane insurance co. i§
'oS ch.195, 12 My
1789 Live stock
a Id. Incorp. & regulation of live stock insurance CO. i4§
'05 p. 1 50, 10 Mr
b Mich. Amdg. '89 ch.269 §15 rel. to farm stock life insurance: in-
vestigation; reserve fund. i§ '05 ch.153, i Je
c N. D. Organization of mutual insurance co. to insure pure bred live
stock; $30,000 subscribed insurance required. 6§ '05 ch.123, i Mr
d S. C. Amdg. C.C. §1796: live stock insurance co. need not deposit
collateral security with state if capitalized at $5000 & renders sworn
annual report of condition. i§ '05 ch.417, 22 F
e Wash. Incorporation & regulation of live stock insurance co. 12 J
*o5 ch.40, 27 F
1 791 Plate glass
a Wis. Organization of Mutual Plate Glass Insurance Co. 9}
'05 ch.5S, 29 Mr
Z795 Surety and guaranty companies
5m also 1698, Trust companies
a Ct. Amdg. G.S.*o2 §3653: surety co. reserve ftmd to equal 50%
of gross amotmt of premiums. i| '05 ch.3, 30 Mr
b Ct. Amdg. G.S. '02 §3641 rel. to issuance of license to surety co. :
statement by co. ; capital $250,000. i§ '05 ch.8, 5 Ap
c Id. Amdg. *99 p.337 §2, 3, 8, 9, 12 & rep. §10 rel. to surety co. :
resident agent; annual financial statement; deposit of securities;
fees; acceptance on bonds; supervision by State Insurance Com*r
[Sec. of State]. 7§ 'oS p.394, 8 Mr
d Kan. Regulating domestic & foreign fidelity, surety & guaranty
CO. Rep. '95 ch.73 §2-4. 7§ *o5 ch.x59, 18 F
e N. Y. Amdg. insurance law '92 ch.690 §70: after June x, 1905
insurance co. unless previously authorized not to combine indemnity
from loss through giving credit with other line of insurance, x §
'05 ch.S73, 19 My
f Wis. Amdg. S.'qS §1974 as to penalty for failure of surety corp.
to fulfil conditions of tmdertaking given to stay judgment against in-
surance CO., on affirmance on appeal. i§ *oS ch.167, 3 My
g Wis. Casualty, credit, title & surety instirance co. to have paid-up
capital of $250,000 & to deposit $250,000 to do business. Adds S.
'98 §1966 subdiv.3ia. i§ *o5 ch.171, 8 My
h Wis. Amdg. S.'98 § 1966 subdiv. 49 rel. to license fees of castialty
& suretyship insurance co. Rep. •o3ch. 130, 413. 2§
'05 ch. 510, 20 Je
NAVIGATION l7g6-l8o5
Z7g6 Acceptance on bonds
Stt also 467, Siiretyship
a Me. Amdg. R.S.'o3 ch.98 §10: surety co. may go on replevin
bond. i§ '05 ch. 23, 28 F
b Mon. Msdr. to require employee to give bond of corp. not author-
ized to transact business in state; bond void. 4§ '05 ch.ii, 9 F
c Tenn. Amdg. '95 ch.iys §9 rel. to conditions precedent for accept-
ance of surety co. on bonds, undertakings etc. ; deposits required of
foreign CO. i§ '05 ch.360, 12 Ap
d U. Amdg. R.S.'98 §425 rel. to loan ass'n acting as sole surety. i§
'05 ch.75, 9 Mr
e U. Amdg. '99 ch.65 §3 as to effect of certificate of Sec. of State to
Corp. qualified to act as surety. i§ '05 ch. 12 3, 17 Mr
f Vt Amdg. '98 ch.77 §1 rel. to foreign fidelity co. as surety on pro-
bate bond. 2§ '04 ch.109, 9 D
1800 Navigation. Waterways
Set also ZZ39, Steamboats (safety); 13841 Canals; 1388, Ferries and fords; 1393
Bridges
a Cal. Amdg. C.C. §970: state rules of navigation subordinate to
those of U. S. [prescribed by acts of Cong. Aug. 3, 1852 & Ap. 29,
1864]. i§ '05 ch.441, 21 Mr
b R. I. Term of com*n appointed by '03 r.9 to investigate shipping
interests of state in Providence harbor & Narragansett bay, to be
extended to 1906. '05 r.92, 11 My •
1803 Harbors
a Me. Amdg. R.S.'o3 ch.4 §101: mun. authorities shall [may] make
niles for keeping harbors open. i§ '05 ch.6o, 15 Mr
b N.Y. Rep. navigation law '97 ch.592 art. 4 which provided for
office of Harbor Master for port of Albany. x§ '05 ch.505, 17 My
c Wis. Improvement of harbor situated within city with U. S. aid.
6| 'oS ch.97, 21 Ap
Z804 Wharves. Docks. Piers. Wharf lines
a Wis. County, town, village or city, except of ist class, may con-
struct & repair breakwaters & protection piers. Adds S. '98 §959
subdiv.71-78. 8§ 'oS ch.293, 3 Je
1805 Improvement of waterways (general)
Set also 4676, Sewerage
a 111. Internal Improvement Com'n to be appointed to investigate
projection of deep waterway from Lake Michigan to Gulf of Mexico;
$7000; report to Leg. by 1907, $7000. '05.P.40, 16 My
b N. J. City may incur bonded debt of $200,000 for clearing river
above tide water. 13 § '05 ch.244, 22 My
c Pa. Appropriating $375,000 to deepen & improve Delaware river
from Philadelphia to Delaware bay. i§ *os ch.243, 8 My
:8l2-26 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
z8za Obstructioiu
a Okl. "An act for the removal of obstruction from water courses."
8§ 'oS ch.34 art. I, 11 Mr
b Wis. City & village may remove boat or float obstructing water-
way; c6st of removal to constitute lien. 2§ *oS ch.279, i Je
Z815 Protection and aids to navigation
a Cal. Amdg. Pen.C. §609: msdr. to remove, damage or destroy
buoy or beacon. i§ '05 ch.527, ai Mr
b N. H. Penalty for mooring or injury to U. S. beacons, buoy or
floating raft in navigable waters. a§ *o5 ch.113, 10 Mr
c S. C. Msdr. to interfere with aid to navigation supplied by U. S. ;
to anchor on range line of light or to fail to report shifted mark. 3^
•oS ch.4S9, x8 P
z8z6 Pilotage. Towage. License of pilots
a Cal. Amdg. P.O. §2466, 2468 rel. to rates of pilotage at San Fran*
Cisco. '05 ch.6iz, 2 2 Mr
z8z7 Police
a Ga. Captain of passenger steamboat to have power of police
officer. 3§ '05 P.IX3, 23 Ag
z8ao Wrecks
a N. C. Amdg. '99 ch.79 §17, 25: Com'rs of Wrecks to receive
traveling expenses; msdr. to obstruct com*r in his work, a}
•05 ch.66, 30 Ja
b N. C. Amdg. C. §3856: Com'r of Wrecks may sell damaged
property after 5 [10] days advertising. i{ '05 ch.517, 6 Mr"
»8»6 Agriculture
5m also 956. X466. Adulteration; x 144. Communicable diieaaes of animals; 1497, Agri-
cultural products (weiKhts and measures): 1474. Fertilizers; 1588, Veterinary prac-
tice; 3343. A^cultural schools
Col. Amdg. G.L.'77 §44: State Bd of Agric. to receive traveling
expenses; may vote president annual salary of $200. i§
*o5 ch. 133. xo Ap
Ct. Amdg. G.S.'o2 §4371: annual appropriation to State Bd of
Agric: $2500 [$3500]. i§ '05 ch.X29, 7 Je
Ga. Amdg. C.'9S §1791 : salary of clerk of Com'r of Agric. $1800
[$1200]. 2§ '05 p.73, 21 Ag
Hich. Amdg. '99 ch.44 §7 rel. to report of State Bd of Agric. x{
•05 ch.93, 4 My
Mich. Amdg. '61 ch.i88 §1 rel. to State Bd of Agric: 7 [6] mem-
ber*; term, 6 years; appointment. i§ '05 ch.308, 17 J«
N. C, Bd of Agric. may fix salary of comV not to exceed $2x50.
i§ *o5 ch.529, 6 Mr
OkL Bd of Agric. to meet 3d Tuesday in Jan. at capital to elect
members, organize & elect officers. 3§ *o5 ch.2, xi Mr
AGRICULTURE 1828-;
x8a8 Ezperiment stations
5m alsp 9343. Agrictiltural schools
« Cal. Univ. of Cal. to conduct experimental & research work in
viticulture & as to remedy for pear & walnut blight; publication of
results. 3§ 'oS ch.122, 18 Mr
b Cal. Appropriating $10,000 for experiments at Univ. of Cal. with
improved methods of cereal culture; publication of results. 3§
'05 ch.126, 18 Mr
c Cal. Com'n of 5 to select & purchase farm for use of Univ. of Cal.
$1 So, 000; buildings; course of instruction; experimental work. 5§
*o5 ch.129, 18 Mr-
d Cal. Establishing pathologic laboratory in southern Cal. to inves-
tigate tree & plant diseases & pests & branch agricultural experiment
station; $30,000. 7§ '05 ch.278, 18 Mr
e Ind. Appropriating $5000 & $25,000 annually to Purdue Univ.
for experiments in stock raising & farming; reports; advisory bd of
3 appointed by agricultural societies. 3§ 'o5 ch.79, 3 Mr
f Nev. Establishing Agricultural Experiment Farm; com'n to locate
site in semitropical southeastern Nev.; supervision by bd of control
of Nev. Agricultural Experiment Ass'n. '05 ch.39, a Mr
g N. D. Establishing Agricultural Experiment Station near Dickin-
son on donation of site; $10,000. 3§ '05 ch.21, 2 Mr
h Pa. Appropriating $20,000 for erection of experiment station
under direction of Live Stock Sanitary Bd, to study diseases of ani-
mals. 2§ 'oS ch.427, II My
i S. D. Appropriating $16,000 for experiment farm at Brookings to
be under State College of Agriculture. 3§ '05 ch. 18, 6 Mr
j U. Establishing Central Utah Experiment Station & placing it &
Southern Utah Experiment Farm imder direction of Agricultural
College Experiment Station [State Bd of Horticulture] Rep. '99 ch.
85. io§ *oS ch.132, 18 Mr
k Wis. Regents of State Univ. may have experimental work in
agric. done at various points in state. i§ '05 ch.S3, 29 Mr
m Wis. Agricultural Experiment Station to expend $1500 or more a
yr for 3 yrs in tobacco experiments. i§ '05 ch.384, 17 Je
n Wis. Agricultural Experiment Station to experiment with cran-
berry ctilture; free bulletins & reports; annual expenditure $3000
or more for 3 yrs. 4§ '05 ch.438, 19 Je
2829 Farmers institutes. Reading courses. Lectures
a Cal. Appropriating $12,000 to Univ. of Cal. for holding farmers
institutes. 3§ '05 ch. 2 51, 18 Mr
b Neb. County com'rs may appropriate $100 a year for local expenses
connected with farmers institutes. 4§ '05 ch. 3, 25. Mr
c N. D. Amdg. '01 ch. 172 §2, 4: 50 [40] or more farmers institutes
to be held annually; $6000 [$8000] annual appropriation. 3§
.'05 ch.23, 15 Mr
d Or. Appropriating $2500 annually for agricultural institutes for
popular instruction by State Agricultural College. 2§ '05 ch.34, 6 P
sociations. Fairs
*9-35 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
e S. D, County having farmers institute may contribute $200 for
expenses of annual meeting. 2§ '05 ch.109, 3 Mr
f S. D. Provision for farmers institutes; $5000 annual appropria-
tion. 6§ '05 ch.iio, 3 Mr
1832 Statistics. Weather and crop service
a Cal. County supervisors to report annually statistics of agricul-
tural & industrial production to State Agricultural Soc. Adds §66a
to '97 ch.277. i§ *o5 ch.37S, 20 Mr
b Mich. Sec. of State to publish agricultural statistics. Rep. C.L.
'97 §4621-25. 3§ '05 ch.81, I My
c N. Y. Com'r of Agric. to collect & publish reports in aid of agricul-
tural production; town supervisor to furnish required data. Adds
art. 14 to agricultural law '93 ch.338. 2§ '05 ch.243, 20 Ap
d Okl. County assessors to collect statistics for State Bd of Agric.
Rep. '01 ch.2 art. I §6. 6§ '0$ ch.31 art. 2, 13 Mr
1835 Associations. Fairs
St0 aliO 88x. Racing
a Ct. Prohibiting immoral shows in fair building of Agricultural Soc.
Amds. G.S.'o2 §4401. i§ '05 ch.79, 19 My
b Ct. Amdg. G.S.'o2 §4399: $4500 [sum equal to average paid
during preceding 4 years] to be distributed annually among incor-
porated agricultural societies in proportion to premiums given at
fairs; proviso. i§ *o5 ch.176, 29 Je
c Ct. Penalty for maintaining gambling or immoral place at or near
agricultural fair. Amds. G.S.'o2 §4403. i§ '05 ch.191, 29 Je
d Ct. Amdg. G.S.'o2 §4402 rel. to forfeiture of appropriation to
agricultural fair. i§ *oS ch.199, 29 Je
e Id. Amdg. R.S.'87 §2778: annual appropriation by county com *ra
not exceeding i mill levy [$Soo] for county fair ass'n; provisos. i^
'05 p.350, II Mr
f Ind. Corp. owning 50 acres devoted to cotmty fair may issue 4 %
nontaxable mortgage bonds to 75% of value of unimproved portion;
retirement. 3J '05 ch. 102, 4 Mr
g Ind. County may appropriate ic on each $100 valuation of tax-
able property for county fair. 2§ '05 ch.104, 4 Mr
h Kan. Penalty for trespass on agricultural fair grounds during
meeting or public entertainment. 3§ '05 ch.207, 9 Mr
i Neb. Amdg. Ann. S. '03 §3019 rel. to county aid to County Agricul-
tural Soc. 2§ *o5 ch.2, I Ap
j Neb. Amdg. C.S.*o3 §442: county agricultural societies receiving
county aid may exchange, sell or acquire real estate for fair ground
purposes. 2§ '05 ch.i, 4 Ap
k N. C. Amdg. C. §2222: shows licensed to perform at county fair
exempt from taxation during fair time; state appropriation to aid
county fair $100 [$So]. 2§ '05 ch.Si3, 6 Mr
m Or. Establishing Third Eastern Oregon District Agricultural Soc.
9§ *o5 ch.ii, 3 P
Horticult
AGRICULTURE 1835
n Or. Establishing Fourth Eastern District Agricultural Soc. & rees-
tablishing the soc. of ist district; duties & powers. io§
'05 ch.67, II F
p Wis. Amdg.S.'pS §1463, 1464 so as to render state aid to agri-
cultural fairs definite & uniform; apportionment of money. Rep.
§i458c-d, '01 ch.337. 4§ '05 ch.446, 19 Je
1836 Dairymen's associations
a Ct. Amdg. (^.S.'o2 §141: annual grant to County Dair3rmen's
Ass'n $1^00 [$1000]. i§ '05 ch.119, 6 Je
2838 Horticultural societies
a Minn. 5000 copies of report of State Horticultural Soc. to be
published & distributed annually. 2§ '05 ch. 224, 17 Ap
2840 State associations and fairs
a Ari. Establishing territorial fair for annual exhibition of resources ;
$iS,ooo for construction ' of buildings; $7500 annual appropriation.
9§ '05 ch.64, 16 Mr
b Cal. $60,000 to Cal. State Agricultural Soc. for construction of
state fair buildings & grotuids; pools, betting & gambling prohibited.
8§ '05 ch.595, 22 Mr
c Minn. Amdg. '03 ch.126 §3: com*rs of county having no agricul-
ttiral soc. or street fair ass'n may send delegate to State Agricul-
tural Soc. i§ '05 ch.307, 19 Ap '
4 N. D. Establishing annual state fair to be held alternately at
Grand Forks or Fargo; $10,000 annual appropriation. 13 §
'05 ch.46, 14 Mr
« Or. Amdg. Ann.C. & S. §4166, 4174-75 rel. to appropriations to
various agricultural societies; ''First Southern Soc." organized. 3§
*o5 ch.2o7, 22 F
i S. D, State Agricultural College to exhibit live stock & agrictdtural
products at state fair & send at least 2 professors to explain. 2§
'05 ch.8, I Mr
% S. D. Appropriating $5000 for building at Mitchell to promote
live stock & agricultural interests of state by providing place for
sales & exhibitions. 4§ 'oS ch.12, 3 Mr
li Wy. Providing for annual state fair at Douglas & regulating man-
agement thereof. i4§ 'oS ch.48, 18 F
Z844 Hortictilture. Diseases and pests
Sm also i49». Insecticides; 1496, Seed8;i63o. Encouragement of industries; 9383.
Bioloffy
a Cal. Msdr. to knowingly sell tree, seed, plant or vine falsely named
as to variety & kind. i§ '05 ch.50, 3 Mr
b Cal. Appropriating $12,000 to State Horticultural Com'n to search
for beneficial insects. 3§ '05 ch. 2 00, 18 Mr
c CaL Amdg. '81 ch.7S §1-2 rel. to cotmty bd of hortictdture ; des-
truction of noxious weeds & infected plants. 2§ '05 ch.293, 20 Mr
»rticulture
N. Y. STATE LIBRARY INDEX OP LEGISLATION 190$
d Cal. Amdg.'o3 ch. 379 ^i: Com'r of Horticulttire may appoint sec.
[clerk]; salary $2100 [$1500]; qualifications & duties. z§
'05 ch.388, ao Mr
e Fla. Providing for appointment of Horticultural Com'n for Orange
covmty. 7§ '05 ch. 180, 27 My
f Ind. Msdr. to sell fruit tree under false description. 3^
'05 ch.154, 6 Mr
g Me. Protecting trees and shrubs from introduction and ravages
of insects and diseases. Rep.'o3 ch.zi2. 8§ '05 ch.a9, 28 F
h Me. Cities & towns may raise money for extermination of brown
tail & gypsy moths & other insect pests. i§ '05 ch.96, ai Mr
i Mich. Felony to injure or remove ginseng. i§ '05 ch. 74, 36 Ap
j Mich. Prevention of contagious diseases affecting trees, shrubs
etc. Rep. C.L.*97 §5681-706, '03 ch.206. 22 § '05 ch.91, 4 My
k Men. Amdg. '99 p.36 §1-2 rel. to State Bd of Hortictdture; hor-
ticultural districts. 3§ '05 ch.83, 3 Mr
m N. H. Cities & towns may appropriate money for extermination
of insect pests. i§ 'oS ch.i8, 15 F
n N. J. Amdg. '87 ch.76 §3, 10 rel. to salaries & expenses of State
Bd of Agric. ; experiments with diseases & pests. 2§ '05 ch.96. 5 Ap
p N. M. Covmty com'rs to make levy for support of Bd of Horti-
cultural Com'rs. 2§ . 'oS ch.S3, 13 Mr
q N. C. Lawful to dig ginseng for replanting at any time; felony
to steal plants in bed surrounded by lawftd fence. 2{
'05 ch.2zi, 17 F
r N. C. Rep.*97 ch.264 §5-6 which appropriated $500 a yr to Crop*
Pest Com'n & required report to Leg. 2§ '05 ch.403, 4 Mr
B Okl. Prevention of horticultural pests & diseases: sale, inspec-
tion, transportation & importation of nursery stock; supervision by
Bd of Agric. i2§ *oS ch.s, art.i, 13 Mr
^t Or. County fruit inspector to be appointed on petition of 25 resi-
dent growers. Amds. Ann. C. & S.§4i78, 4185. 7§ '05 ch.aaa, 22 F
u Pa. Annual inspection of nurseries to prevent spread of plant
diseases & pests; treatment St destruction of infected stock; appeals
to Sec. of Agric; certificates. ii§ '0$ ch.6o, 31 Mr
V S. D. "An act to prevent introduction & spread of injurious in-
sects & dangerous plant diseases. . ." 5} '05 ch. 131, 6 Mr
w Tenn. Gen. law regulating inspection of nursery stock to suppress
horticultural pests & plant diseases. 17 § '05 ch.466, 17 Ap
X Tex. Diseased trees, shrubs & plants: treatment by Com'r of
Agric; msdr. to ship nursery stock into state without certificate.
7§ *oS ch.i2i, IS Ap
y U. Rev. '03 ch. 1 04 rel. to prevention of horticultural pests & diseases.
2i§ 'oS ch.98, 9 Mr
z Vt. Appropriating $500 annually to State Horticultural Soe.
for annual meeting for public instruction & prizes for horticultural
exhibits. 6§ '04 ch.is, 9 D
zx Wash. Amdg. '03 ch. 133 §4-8, 12, 14-15 rel. to county inspector
of fruit; licenses; treatment of infected trees; reports. 9$
'05 ch.176, 13 Mr
Noxious anima
AGRICULTURE 1844-^
Z3 W. Va. Amdg.'o3 ch.48 & adding §3, 4 regiilating sale of nursery
stock: agent and traveling salesman to be licensed & show certificate
from firm; sale of stock under fictitious name; penalty. 4}
*o5 ch.6i, 18 F
Z3 W18. Prohibiting digging & sale of wild ginseng cut from Jan. i
to Aug. I. Si '05 ch.194, la My
Z4 Wis. Amdg. S.'pS $1459: $4400 [$4000] annual appropriation to
State Horticultural Soc. i§ 'o5 ch.4ia, 17 Je
Z5 Wy. Suppression of horticultural pests & plant diseases. 23 §
'05 ch.50, x8 F
zg46 Boll weevil
a Ga. Amdg.'97 p.zzi §17 prohibiting certain shipments from state
infested with Mexican cotton boll weevil. 2} 'o5p.io8,a2 Ag
Z850 Moths
a Mass. "An act to provide for suppressing gypsy & brown tail
moth." Rep.*9i dh.aio, '98 ch.544, §1, 2, *oa ch.S7 §a. ia§
*o5 ch.381, 8 My
Z854 Weeds
Sm also a744t Roads
a Or. Owners of ditches to keep right of way clear of wild oats^
weeds, 'thistles & obnoxious grass. 3§ '05 ch. 158, az F
X856 Noxious animals. Bounties
a ArL Amdg. R.S.'oz $4909, 43 11 rel. to bounty on certain animals.
35 *o5 ch.39. 9 Mr
b Id. County bounty of $15 for each cougar, lion or panther des-
troyed, a} *05 p.ao6, 7 Mr
t U. Exam. & payment of outstanding boimty certificates. s§
'05 ch.109, 16 Mr
d Vt. Rep. '98 ch. 1 10 & all other laws rel. to botmties on noxious
animals. x§ '04 ch.131, 37 O
Z858 Crows
a Kan. County may pay bounty of 5c for crow. a§ *o5 ch.74, 8 Mr
X862 Gophers. Prairie dogs. Ground squirrels
a Kan. Cotmty com'rs on petition of 10 resident landowners may
appoint road overseer to exterminate pocket gophers. 4§
'05 ch.319, 7 Mr
b N. D. Amdg. 'ox ch.107: cotmty may levy J [4] mill tax for des-
truction of prairie dogs and gophers; procedure. 2§ '05 ch. 114, 13 Mr
c Old. Extermination of prairie dogs in infested districts : coimty
com'rs may levy tax not exceeding 5 mills; township trustees to
have charge. 9§ '05 ch.27 art.i, i3^F
xg65 Porcupines. Hedgehogs
a Me. Rep. R.S.*o3 ch.3a §15 rel. to bounty on porcupines. i§
•05 ch.8, 10 F
Domestic animals
1865-75 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
b N. H. Rep. '03 ch.63 providing bounty on hedgehogs. i§
'05 ch.44, 8 Mr
Z870 Seals
a Me. Amdg. R.S.*o3 ch.41 §53 by rep. $1 bounty on seal. i§
'05 ch.67, IS Mr
Z872 Sparrows
a Mich. Bounty for killing English sparrow. 5§ '05 ch. 118, 11 My
Z874 Wolves. Coyotes. Lynx. Wildcat. Bears etc.
a Id. Rep. '01 p.205 which provided bounties for killing of coyotes,
lynx & wildcats. 2§ '05 p. 69, 8 Mr
b Kan. Amdg. '99 ch.S9 §1: county may [shall] pay bounty on wolf
& coyote. 2§ . '05 ch.73, 9 Mr
c Me. $5 boimty on bears in Franklin county. i§ '05 ch. 160, 24 Mr
d Mich. Amdg. R.S.'46 ch.51 §1: boimty for killing wolf over 3 mo.
$25 [*i5]; tmder 3 mo. $10 [$7]. i§ '05 ch.284, 17 Je
e Mon. Amdg. P.C. §3070-72, 3076 rel. to bounty on wolf, coyote,
bear or mountain lion. 5§ • '05 ch. 49, i Mr
f Mon. Destruction of wolves & coyotes by innoculation with mange.
S§ '05 ch.107, 10 Mr
g Neb. Bounties for wolves, coyotes & wildcats. 4§ '05 ch.4, i Ap
^ h N. M. Tax on certain domestic animals to pay bounty on coyote,
wildcat, lynx, wolf & moimtain Hon. Rep, '03 ch.8o §1. 2§
'05 ch.77, 15 Mr
i S. D. Amdg. P.C. §3113-15, 3121 rel. to wolf & mountain lion*
bounty. 2§ '05 ch. 177, 3 Mr
j U. Botmty for killing mountain lion, coyote, lynx & wildcat.
Rep. '01 ch.137. 9§ *o5 ch. 114, 16 Mr
k Wash. Bounty on coyotes & wolves, lynx, wildcat or cougar. 7§
'05 ch.8, 2 6 Ja
Amended '05 ch.63, 3 Mr
m Wis. Amdg. S. '98 §1626 rel. to bounty for killing wolf, wildcat or
l3mx. Rep. '99 ch*45, '01 ch.311. 2§ '05 ch.324, 9 Je
n Wy. Boimty for coyotes & black & gray wolves. Rep. '03 ch.43.
i4§ '05 ch.37. 15 F
Z875 Domestic animals
Se0 also 89 X, Racing; 806, Cruelty to animals; 06 z. Milk and milk products: 1083.
Slaughter houses ; x x 44, Communicable diseases of animals ; z 47 a . Commercial feed for
stock; 1596. Stock yards; 156a, Horseshoeing; 1588. Veterinary practice
a Ari. Rev. R.S. t.42 rel. to live stock. 93! '05 ch.51, 16 Mr
b Cal. Joint leg. com'n of 6 to investigate & report on cattle industry
as affected by national forest reserves. '05 p. 1074, 10 Mr
c Ct. Amdg. G.S.'oa §4811: salary of Com'r of Domestic Animals
$1800 [$1500]. i§ '05 ch.248, 19 Jl
d S. C. Rep. C.C. §1507 which exempted certain counties from pro-
visions of gen. stock law. 2§ '05 ch. 481, 4 Mr
Domestic aiiiinalfl
AGRICULTURE l876-8€
X876 Running. Impounding. Fences
Z877 Running at large
a Ari. Amdg, R.S.'oi §2651, 2656-59 rel. to lawful fence; impound-
ing of estrays. Rep. R.S. '01 §2654-55. 7§ '05 ch. 52-, 16 Mr
b Del. Rep. '93 ch.658 which exempted certain school districts from
provisions of '93 ch.657 which prohibited stock from running at large.
i§ '05 ch.138, 13 Ap
c Ga. Militia district in which stock law voted for & in force 9 yrs
to have election "for stock law " or "for fence " on petition of major-
ity of freeholders. 4§ '05 p. 132, 22 Ag
d Mo. Amdg. R.S. '99 §4789 rel. to vote of certain townships as to
running at large of swine, sheep & goats. i§ '05 p. 46, 31 Mr
e Mo. Either part of township divided by navigable stream may
vote to restrain swine or sheep from running at large. Adds R.S. '99
§4789 a. i§ 'o5p,46, 8Ap
f If. C. Amdg. C. §2058 rel. to publication of notice of petition to
place gate across public highway. i§ '05 ch.88, 2 F
g Or. Prohibiting running at large of certain domestic animals in
Sherman county. Rep. Ann. C.& S.4248-58. i2§ '05 ch,223, 22 F
h U. Msdr. not to provide salt for animal turned loose on public
range. 2§ '05 ch.39, 7 Mr
i Wash. Prohibiting live stock from running at large in county
where } land is fenced; exceptions. 6§ '05 ch.91, 8 Mr
Z879 Estrays. Damages. Trespass
Se9 also 1 32 1, Railways
a Ari. "An act to prohibit trespass by herding sheep." 3§
'05 ch.62, 16 Mr
b Cal. Amdg. *oi ch.197 §2 rel. to notice to owner of estray & filing
with recorder. i§ '05 ch.338, 20 Mr
c Fla. Regulating entry into pasture of another to recover stray
cattle. 5§ *o5 ch,46, 3 Je
d Id. Disposal of estrays: damages & compensation; disposition of
funds. 4§ '05 p.366, II Mr
e N. M. Rep. '01 ch.28 §2 rel. to penalty for trespass of domestic
animal on private land or water right. i§ 'o5ch.i3o,i6Mr
f N. D, Amdg, R.C. '99 §1572 rel. to taking up estrays; notice;
advertisement. i§ '05 ch. 11 2, 9 Mr
g Or. Amdg. Ann. C.& S. §4260 rel. to notice after taking up estray.
i§ '05 ch.176, 21 F
h Wash. Detention; registration & sale of estray. i6§
'05 ch.23, 16 F
z88o Impounding
a 111. Amdg. '95 p.4 §3 rel. to impounding of domestic animals run-
ning at large. i§ '05 p. 5, 16 My
b Mo. Amdg. R.S. '99 §4777: constable to impound estray; penalty
for refusal. i§ '05 p. 47, i Mr
Domestic animals
Z880-85
N. Y.
c
If. M.
crops.
1882
a
Cal.
STATE LIBRARY INDEX OP LEGISLATION I90S
Amdg. '03 ch.73 §1 rel. to impounding of animal damaging
i§ '05 ch.98, 16 Mr
Ownership. Sale. Miscellaneous
Msdr. to allow service of stallion or jack in open within 400
yds of settlement or to permit stallion, bull, boar, ram or buck goat
to rim at large. Adds Pen.C. §597g. i§ '05 ch.518, 21 Mr
b Or. Horses & cattle to be inspected to determine ownership St
certificate issued before removal from state ; exceptions. 5 §
*o5 ch.124, 21 P
c Wis. Licensing of stallions for breeding purposes; form of cer-
tificate. 9§ *o5 ch.ii6, 22 Ap
d Wy. Amdg. '01 ch.79 §5 rel. to proof of ownership of horse or
mule offered for inspection. 2§ '05 ch.8, 4 P
X883 Branding
a Id. Use & recording of marks & brands. 17 § '05 p,352, 7 Mr
b Id. Inspection of live stock as to marks & brands prior to removal
from state. io§ '05 p.369, 8 Mr
c N. M. Seizure & sale of cattle bearing tmrecorded brand. 7§
•05 ch.95, 16 Mr
d U. Amdg. R.S.'98 §4474: grand larceny to alter mark or brand
on animal; penalty. i§ '05 ch.38, 7 Mr
X884 Stealing. Driving. Using
a N. M. Amdg. '99 ch.44 §2 as to exhibition of hides to iiispectors
by vender of fresh meat. 2§ '05 ch.14, 22 F
b N. M. Felony to sell or knowingly buy animal held on shares with-
out owners* consent; recorded contract constructive notice. 3§
•05 ch.38, 8 Mr
c N. D. Coimty may appropriate $2000 annually to organized live
stock protective ass'n; annual report by ass'n to county com'rs. 4§
•05 ch.8o, 2 Mr
d S. D. On petition of 25 cattle breeders county may appoint sheriff
to act as beef and hide inspector; deputies; unlawful to sell unin-
spected meat or sldns; certificates. 9§ '0$ ch. 57, 7 Mr
e S. D. Rev. '03 ch. 1 53 rel. to inspection of branded horses before
shipment. 6§ '05 ch.120, 7 Mr
f S. D. County com'rs may authorize sheriff to offer reward for
capture of horse, sheep or cattle thieves. i§ '05 ch.134, 7 Mr
g Tex. Amdg. Pen.C. '9 5 art.883 rel. to penalty for theft of sheep or
goat. i§ '05 ch.13, 16 F
h Wy. Amdg. R.S.*99 §2008-9 rel- to preservation & exhibition of
hides of slaughtered animals to prevent fraud on owners. 2§
'05 ch.96, 21 F
2885 Pedigrees
a Me. Pure blooded cattle kept for breeding purposes to be recorded^
examined & tested with tuberculin. Supplements R.S.*o3 ch.19.
4§ 'oS ch.83. 17 Mr
b Vt. Description & pedigree of breed stallion to be registered;
$100 fine for false certificate. Rep. S. §5153. 2§ '04 ch.150, 9 D
ForettTf
AGRICULTURE 1885-^
c Wis. Only certified corp. to keep books of registration & grant
pedigrees of animals to be used for breeding purposes. 5§
'05 ch.68, 8 Ap
z886 Prevention of injury to stock
Se9 also 1888. Dogs; 133 x, Railroads
a Mass. Amdg. R.L. ch.102 §152: reward for killing dog injuring
domestic animal not more than $2§ [$io]. i§ '05 ch.io6, 23 F
b Pa. Amdg.'93 cli.88 §5 rel. to damages to sheep by dogs: burial
of carcasses. i§ '05 ch.7, i Mr
x888 Dogs
5## also xz63» Rabies
a N. C. Rep. '75 ch.io8 which penalized wilful keeping of sheep-
killing dog or refusal of owner of mad dog to kill same. i§
'05 ch.725, 4 Mr
b W, Va. Amdg. C. ch.62 §9 rel. to protection of sheep from dogs:
costs & liability of owner for failure to kijl dog on notice, i §
•05 ch.57, ai P
Z889 Bog tax
a Ari. Certain dogs to be licensed & wear collar & license tag. 4{
'05 ch.39, 16 Mr
b N. Y. Amdg. county law '92 ch.686 §110: coimty supervisors may
impose dog tax at different rates in towns on petition of town bd.
I§ '05 Ch.261, 31 Ap
)8go Forestry
5m also z598> Arbor day; 974a* Roads
a CaL "An act to provide for joint investigation with federal gov't of
water resources of state, & best methods of preserving forests. . "
4§ *oS ch.157, 18 Mr
b Cal. Creating state forestry fund from $100,000 received from
U. S. on Indian & Civil War claims. Bd of Examiners to direct ex-
penditure. 2§ '05 ch.187, 18 Mr
c Cal. Protection & management of forest land; prevention of
forest fires. 23 § '05 ch.264, 18 Mr
d Cal. County appropriation for preservation of forests. Adds §33^
to *97 ch.277. i§ '05 ch.337, 20 Mr
e Del. Msdr. to cut branch from evergreen tree without owner's
consent. i§ '05 ch.210, 3 Ap
f Id. Preservation of forest trees: sale of timber on state lands;
prohibiting lease destructive of tree growth; forest fires. i6§
'05 p.145, 8 Mr
g Tenn. Creating Dep't of Game, Fish & Forestry; appointment of
state, county, deputy & special wardens; 38 coimties excepted. 9§
'05 ch.45S. 15 Ap
h Wis. Forestry law. Rep. S.'gS §1038 subdiv.i8, §1469-71, i8i6a,
'01 ch.432 §7, 9. '03 ch.450. 24§ '05 ch.264. 25 My
Z892 Bounty. Bzemption
a Mass. Committee to investigate taxation of forest lands; report
to Leg. of Jan. 1906; SSoo. '05 r.6o, 28 Ap
Forestry
2892-94 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
b If. D. "An act to promote forest tree culture;" bounties. 4§
'05 ch.187, 28 F
c Pa. Rebate of 80% of taxes on 50 acres of forest land main-
tained by private owner. Rep. '9 7 ch.70, '01 ch.48. 3§
•05 ch.88, 8 Ap
d Pa. 80% rebate allowed in taxation of forest land with 300 trees
to the acre; not to exceed 45c an acre. 6§ '05 ch. 179, 20 Ap
e Vt. Waste land planted with forest trees under rules to be made
by Forestry Com'r exempt from taxation for 10 yrs. 6§
'04 ch.17. 7 D
Z893 Forest fires
See also 1332. Railroads
a CaL Person negligently firing his woods or allowing fire to spread
liable in treble damages to injured party. Adds C.C. §3346a. i§
*o5 ch,464, 21 Mr
b Cal. Amdg. Pen.C. §384 rel. to firing woods, grass or grain; msdr.
to leave burning camp fire. Adds §384a-b. 3§ '05 ch.567, 22 Mr
c Ct, Prevention of forest fires: appointment of state & local fire
wardens; posting of notices. Amds. G.S. '02 §1218, 1222, 1237. ii§
'OS ch.238. 13 Jl
d Ind. Penalty for firing woods; road supervisor to employ forest
fire fighters at $1.50 a day. Rep. '99 ch.256. 3§ '05 ch.49, 27 F
e Me. Prevention & control of forest fires in plantations & unor-
ganized townships; forest districts; wardens. 6§ '05 ch.44, 8 Mr
f Minn. Amdg. '03 ch.363 §8 rel. to compensation of forest fire war-
dens. i§ *o5 ch.82, 30 Mr
.g Minn. Amdg. '03 ch.363 §2: salary of chief fire warden $1500
[$1200]. 3§ '05 ch.310, 19 Ap
h If. H. Prevention of forest fires; fire chiefs to be forest wardens;
patrol; reports; may demand private aid. 8§ '0$ ch. 9 7, 10 Mr
i Or. Protection of forests & timber against fire; fire rangers; close
season. Rep. Ann. C.& S. §1787-90. ii§ '05 ch.227, 22 F
j Pa. Amdg. '97 ch.7 §1-2: fees for forest fire fighting; warden 25c
[15c]; citizen 20c [12c] an hr; limit of expenditure. 2§
'05 ch.6s, 31 Mr
k Vt. Forest fires: appointment of Forest Com*r & fire wardens;
reports; circulars & notices concerning fires; penalties. io§
'04 ch.i6» g D
m Wash. Forest fire protection & service. Rep. '03 ch. 11 4. i4§
•05 ch.164, II Mr
Z894 Forest preserves
See also 798. State parks
a 111. Providing for creation of forest preserve districts; local com*n ;
powers; records. io§ '05 p.279, 18 My
b Minn. Accepting U. S. grant of 20,000 acres for forest preserve.
i§ *o5 ch.83, 30 Mr
c N. J. Preservation & management of forest park reservations.
ia§ *o5 ch.47, 22 Mr
GAME AND FISH iSjH-XQOO
d Pa. State forest reserves subject to charge of 3c an acre for schools
& 2c for roads. 2§ '05 eh. 81, 5 Ap
1896 Lumber
See also 777t 778(s, Public lands
1897 Brands. Drift timber. Stealing
a Minn. **An act to prevent fraudulent record of log marks & punish
unlawful use. . ." 2§ '05 ch.207, 17 Ap
1899 Transportation
See also xax6, Rate&; 1264, Coxnmon carriers
a Id. Rep. '99 p.332 which provided for improvement of navigation
of rivers for transportation of lumber, timber etc. & collection of tolls
therefor. i§ '05 p.30, 23 F
b Mich. Rafting & booming of timber in rivers of Upper Peninsula;
exceptions. 2§ '05 ch.189, 7 Je
c Minn. Amdg. '89 ch.221 §2 rel. to powers & duties of log-driving
CO. 2§ '05 ch.89, 29 Mr
d Vt. Amdg. S. §3400, 3402: selectmen may determine necessity for
& lay out [winter] road for transportation of lumber over private
land. 2§ '04 ch.82, 29 N
e Wash. Amdg. '95 ch.72 §4 rel. to clearing & improvement of
streams for logging purposes. i§ 'o5 ch.57, 3 Mr
f Wash. Submitting amdt. to Const. 1 889 art.2 1 § i making use of water
for removal of timber products a public use. Vote Nov. 1906. 4§
*oS ch.67, 3 Mr
g Wash. Incorp. 8c powers of co. to operate toll logging rdad. 4§
'05 ch.82, 6 Mr
h Wash. Amdg. '95 ch.72 §3 rel. to filing of plat of stream appro-
priated by boom co. i§ '05 ch. 119, 9 Mr
1900 Game and fish
a Ari, Gen. fish & game law. Rep. Pen.C. §574-94. 27§
'05 ch.25, 4 Mr
b Ark. ' * An act to protect game & fish of state ..." '03 ch. 1 62 , 2 4 Ap.
Unconst, in so far as it prohibits nonresident landowner, from
hunting & fishing, denying equal protection of law & taking property
without due process of law. State v. Mallory 83 S.W. 955 (1904).
c Cal. Amdg. Pen.C. §628-29, 632 rel. to protection of fish: close
season; screens; limit of catch; disposition of fines. Adds §628a-d,
632a. 9§ '05 ch.192, 18 Mr
d Cal. Amdg. Pen.C. §626, 626c-k, 627a-b, 63 1-63 la rel. to protec-
tion & preservation of game. Adds §6310. i3§ '05 ch. 287, 18 Mr
e Cal. Amdg. *95ch.i65 §4: salary of game warden in county of
2d class $125 a mo. i§ '05 ch. 305, 20 Mr
f Ct Residents of N. Y. granted fishery rights in Long Island sound.
i§ '05 ch.198, 29 Je
g Del. Designating 3 com'rs to draft with N. J. com'n uniform law
for fishing in Delaware river & bay & to mark boundary as fixed by
compact; report to Leg. of 1907; $1500. 3§ '05 ch.6, 23 Mr
MgOO N. Y. STATE LIBRARY INDRX OP LEGISLATION I905
h Fla. Amdg. '03 cb. 1 46 §3 , 6 : restricted killing of wild turke3rs, quail
or partridge; noncitizen [nonresidents] to pay hunting Hcense fee. 2|
*o5 ch.56, 5 Je
i Fla, Appointment of county fish & game warden on petition of
75 freeholders & recommendation by county com'rs; duties; com-
pensation; sheriff to act where no warden appointed. 9§
'05 ch.64, 20 My
J Fla. Rep. R.S.'pa §457-67 which provided for appointment &
compensation of State Com'rs of Fisheries & defined powers & duties.
i§ 'OS ch.59
k Id. Protection of fish & game. Rep/99p.467. 31 § *o5p.2S7,6Mr
m 111. Amdg. '97p.324§4,7 rel. to appointment & duties of deputy
Fish Warden; penalty for trespass for fishing. 2§ '05 p. 271, 16 My
n 111. Amdg. '03 p.206 §1-2, 6, 16, 18, 23, 25, 32 reL to protection of
game ; restricted killing ; sale ; salary & term of Game Com 'r ; wardens ;
licenses. Rep. '01 p.212. 8§ '05 p.273, 18 My
p Kan. Providing for appointment of State Fish & Game Warden
& deputies; power & duties; fish propagation; hunters license; ship-
ment of game. Rep.*97 ch.i3S; '99 ch.142. 22§ '05 ch.267, 18 F
q Me. Salaries & clerical assistance of Com'rs of Inland Fisheries
& Game. Amds. R.S.'o3 ch.32 §22. 4§ '05 ch.84, 17 Mr
r Me. Amdg. R.S.*o3 ch.ii6 §1 ^20: salary of Com'r of Sea & Shore
Fisheries $1500 [$1000] traveling expenses, i§ '05 ch. 120, 21 Mr
8 Me. Amdg. R.S. '03 ch.32 rel. to inland fisheries & game; close
season for moose & caribou; camps & fires; deer damaging crops;
himters license; skins & he^ds; close season for certain fish & birds •
i2§ '05 ch.132, 22 Mr
t Me. Compilation of sea & shore fishery laws to be prepared for
distribution. i§ '05 ch.145, 23 Mr
u Mass. Amdg. R.L. ch.91 §3: Com'rs of Fisheries & Game may
appoint deputies. i§ '05 ch. 407, 17 My
▼ Mich. Rev. '01 ch.217 rel. to protection of game. 30 §
'05 ch.257, 16 Je
▼X Minn. Rev. fish & game laws. 68§ '05 ch.344, 19 Ap
V2 Mo. Gen. game & fish law. 7i§ '05 p. 158, 10 Mr
V3 Men. Protection of certain fish & game ; close season ; methods of
capturing. Rep. '97 p.249 §1-6, 11-12, 21, 25. ii§ '05 ch.S2, i Mr
V4 Men. Hunters license; shipping permit; guides; clerk of Game
Warden. Rep. '01 p. 130 §15, 19-23. i4§ '05 ch.57, 2 Mr
V5 Neb. Exempting from provisions of Ann. S.'o3 53235-82 all state
boundary streams more than 100 ft distant from mouth of stream
tributar>' thereto. i§ '05 ch.78, 9 Mr
t6 Neb. Amdg. Ann. S. '03 §3255 rel. to protection of fish & game:
close season for prairie chicken, pigeons, waterfowl, trout; day's
catch; penalties. 9§ '05 ch.76, 21 Mr
▼7 Neb. Amdg. Ann. S. '03 §2150 rel. to unlawful destruction of fish:
law inapplicable to boundary stream over 100 ft from mouth of
tributary stream; repealing provision requiring owners or operators
of milldams to construct fishway. 3§ '05 ch.i88, 28 Mr
GAME AND FISH
wB Neb, Amdg. Ann.S.'oj §3236: Chief Deputy Game & Fish Com'r
to receive salary, $1300 [$1200] ; deputy in charge of State Fish Hatch-
eries, $1200. 2§ ^ 'oS ch.74, I Ap
w If. H. Amdg.'oi ch.79 rel. to fish & game: deer; transportation;
taking for scientific purposes; close season for certain game birds.
ii§ '05 ch.84, 10 Mr
wx N. J. "An act to acquire rights of fishing common to all in fresh-
water lakes in certain counties ..." '01 ch. 161, 22 Mr. Un-
canst. Eminent domain can be exercised only for public use. Al-
bright V. Sussex Co. Lake & Park Com*n. 57 A. 398; 59 A. 146 (1904).
W2 N. J, Designating 3 com'rs to draft with Del. com*n uniform law
for fishing in Delaware river & to mark bovmdary; $2000. 3§
*o5 ch.239, II My
W3 N. M. Protection of game, birds & fish. Rep.'oi ch.26, 46; '03
ch.48 §6, II, 14-16, 18; C.L.*97 §1354-67. 6§ * *o5 ch.51, 13 Mr
W4 If, Y. Amdg. forest, fish & game law '00 ch. 20: employees of
com'n; game protectors & fire wardens; disposition of fines. 9§
'05 ch.285, 22 Ap
W5 If. T. Amdg. forest, fish & game law 'ooch.20 §170, 172: special
oyster protector to be appointed for Borough of Manhattan ; repeal-
ing provision requiring game protectors to act as fire wardens. 2 §
•05 ch.588, 19 My
w6 N. Y, Special game protector for Monroe county; duties. Adds
{i76a-e to forest, fish & game law '00 ch.20. 5§ '05 ch.66o, 31 My
W7 Or, Amdg. Ann. C. & S. §2052 rel. to deputy forest & game war-
dens. i§ '05 ch.192, 21 F
w8 Or. Amdg. Ann. C & S. §4076, 4086, 4088, 4098 rel. to salmon fish-
ing; pollution of certain streams with sawdust; fish reports & mark-
ing of licensed fishing ground. 4§ '05 ch.233, 23 F
z Pa. Joint leg. com 'n to be appointed to draft with N. J. com'n con-
current fishery laws governing Delaware river; $2000. '05 ch.8, i Mr
zz Pa. Bd of Game Com'rs to appoint volunteer special deputy game
protectors. i§ '05 ch.143, 18 Ap
Z2 Pa. "An act to provide for the protection & preservation of
game ... & wild birds." 24§ '05 ch.i8o, 22 Ap
X3 Pa. Classifying fish in boundary lakes of 5000 acres & prescrib-
ing fishing regulations; licenses; seizures & prosecutions. Rep. '01
ch.2io 22§ *o5 ch. 188, 22 Ap
X4 Pa. Salary of stenographer in Dep't of Fisheries, $900. 2§
'05 ch.199, 22 Ap
Z5 S. C. "An act to preserve game, fish, shellfish & terrapin in & on
public lands & waters of state, & to provide license." 13 §
'05 ch.463, 22 F
x6 S. C. Gov. to appoint game warden for each county; duties. 3§
•05 ch489, 7 Mr
X7 S. D. Amdg. P.C. §3077,3079,3083,3088,3091: game warden to
open season for buffalo, elk, deer, or mountain sheep Nov. [Nov. 15
to Dec. 15]; unlawful to kill more than 2 [3] deer; hunting license.
6§ *o5 ch.ii6, 6 Mr
N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
x8 Tenn. Creating Dep't of Game, Fish & Forestry; appointment
of state, county, deputy & special wardens; 38 counties excepted. 9§
•o.; ch.455, 15 Ap
y Tenn. Amdg.'o3 ch. 169 §3, 9 rel. to protection of game: taking of
deer or English ring-necked or Mongolian pheasants prohibited for a
yrs; close season for duck & squirrel; restricted killing; nonresidents
license fees; licenses to deal in game; importation; certain counties
excepted. 8§ '05 ch.SiS, 17 Ap
yi U. Rev. R.S.'98 t.2i rel. to protection of fish, game & birds.
Rep.'99 ch.26. 3i§ *o5 ch.ii8, 17 Mr
y2 Vt. Amdg. S. §4562, 4577, 4579. 4583. 4626 & rep. §4580-82, 4584,
4600-8; '98 ch.90 §3; 'ooch.78 rel. to preservation of fish. 8§
'04 ch.117, 5 D
y3 Vt. Appointment of State Fish & Game Com 'r to direct manage-
ment of state fish hatcheries & propagation of fish & game; $5000
annual appropriation. Rep. '00 ch. 128, 129 §1-3. ii§
'04 ch. 118, 7 D
y4 Vt. Com'n to be appointed to act with New York & Quebec in
adoption of uniform fish protection in Lake Champlain.
'04 ch.358, 9 D
y5 Wash. Amdg, '99 ch.117 §4,9 rel. to fishing for food fish; size &
situation of nets; fishing grounds; lateral passageways. 2§
'05 ch.140, 9 Mr
y6 Wash. Chief deputy & county game wardens; prohibiting deer
hunting with dog; trapping of game or song bird; close season for
pheasants, waterfowl & elk; sale of game; use of blinds. i4§
'05 ch.172, 13 Mr
y7 Wis. Com'n to be appointed to confer with Canadian minister of
fisheries & com'ns of other states rel. to uniform fishing laws in inter-
national waters. 3§ - '05 ch.393, 17 Je
y8 Wis. Special deputy Fish & Game Warden to be provided with
com'n & identification card; penalty for impersonating game warden.
3§ '05 ch.404, 17 Je
z Wis. Gen. fishing law. Amds. S. '98 §456oa. 35 §
'05 ch.489, 20 Je
zi Wy. Amdg. R.S. '99 §2148 rel. to destruction of fish through pol-
lution of water or use of explosive. Rep. R.S. '99 §2146. 2§
'05 ch.31, 15 F;'oS ch.83. 21 F
Z2 Wy. Printing & distribution in pamphlet form of 5000 copies of
fish, game & bird laws. i§ *o5 ch.53, 20 F
Z3 Wy Amdg. R.S. '99 §2103-26 rel. to protection of game. i4§
'oS ch.69, 20 P
1904 Enforcement. Fines
For game wardens see 1900
a Me. Amdg. R.S. '03 ch. 4 1 §3 as to powers of fish wardens; search;
confiscation. i§ '05 ch.108. 21 Mr
b Me. Amdg. R.S. '03 ch.32 §52 rel. to search for game killed in
violation of law. i§ '05 ch.141, 23 Mr
GAME AND FISH X904-7
c Me. Amdg. R.S.'o3 ch.41 §38 as to recovery of penalty for illegal
seining. i§ '05 ch. 143, 23 Mr
d Hass. Amdg. R.L. ch.92 §20: disposal of fines & forfeitures under
certain bird & game laws. i§ *o5chL445,24 My
e N. J. Amdg. '97 ch.41 §2, 10 as to jurisdiction of violations of fish
& game laws; appeals. 2§ *o5 ch.86, 31 Mr
f If. J, Form of conviction in prosecution under fish & game law.
Supplements '97 ch.41. i§ '05 ch.87, 31 Mr
g N. Y. Amdg. forest, fish & game law '00 ch.20 §139 rel. to penalty
for violation of game laws. i§ *o5 ch.336, 26 Ap
h Or. Certificate of Master Fish Warden admissible as evidence in
prosecutions tmder fish laws. i§ *o5 ch.io6, 18 F
i Vt. Amdg. '98 ch.99 §4: action for penalty for fishing in streams
closed for fish culture barred after 2 yrs [6 mo.]. i§ '04 ch.119, i D
Z906 License to hunt or fish
a Mass. Hunters license for unnaturalized foreigner. 5§
'05 ch.317, 21 Ap
b Mich. Amdg. '97 ch.268 §2,6 rel. to hunters license fee & dispo-
sition of license money. 2§ '05 ch.225, 16 Je
c Neb. Amdg. Ann.S.'o3 §3279: $2 fee for fishing permit to non-
resident. 2§ '05 ch.77, 4 Ap
d N. H. ** An act to require nonresidents to procure license to hunt."
Rep. '03 ch.87. i2§ '05 ch.38, I Mr
e N. H. Change in punctuation in '05 ch.38 §1 rel. to licenses to
hunt. i§ 'oS tfh.85, 10 Mr
f Or. Amdg. Ann.C.& S. §4093-95 rel. to fees for license to fish, can
salmon or sell salmon or sturgeon. 3§ 'oSch.56,ioF
g Or. Hunters license; fees added to fund for protection of game
& game fish. 3§ '05 ch.204, 21 F
h Vt. License for nonresident hunter of deer. Supplements S.
ch.189. 9§ '04 ch.128, 21 O
i Wash. Hunters license. 3§ '05 ch. 147, 9 Mr
j Wash. Amdg. '99 ch.117 §6-8 rel. to license to catch or can food
fish; close season for salmon in certain waters. Rep. §5. 6§
'05 ch.170, 13 Mr
Z907 Shipment and sale. Purpose of taking. Amount
a 111. Penalty for transporting fish illegally taken. Adds §i8a to
'97 p.224. i§ '05 p.272, 13 My
b N. Y. Amdg. forest, fish & game law '00 ch.20 §39: penalty of
$25 to buy or sell bird or animal taken in violation of game law. i§
'05 ch.318, 24 Ap
c N. Y. Amdg. forest, fish & game law '00 ch.20 §27: grouse or
woodcock not to be offered for sale except according to provisions of
act. i§ '05 ch.335, 26 Ap
d N. Y. Msdr. to import fish caught in Missisquoi bay. Adds §47a
to forest, fish & game law '00 ch.20: rep. §47 so far as it conflicts.
2§ '05 ch.342, 26 Ap
Game
1907-19 •• K. Y. STATE LIBRARY INDEX OF LEGISLATION I905
e Or. Prohibiting sale of game within state or transportation out
of state except for scientific or breeding purposes. 2§
'05 ch.117, 18 F
f Tex. Msdr. to kill or sell more than certain amount of fresh-water
fish or squirrel. 3§ *o5 ch.113, 15 Ap
g Wis. Amdg. '01 ch.156 §5 rel. to issue of scientific certificates:
collectors not to take deer. Rep. S.'qS §i498i. 5§ '05 ch.500, 20 Je
Z908 Trespass. Priyate lands. State waters
a Cal. Msdr. to kill or maim animal owned by another while
hunting on inclosed land. Adds Pen.C. 1384c. i§ '05 ch. 5 13, 21 Mr
b Fla. Owner may prohibit fishing in mill pond by posting 3 warning
signboards. 2§ '05 ch.6i, 18 Je
c Id. Rep.*99 p. 46 7 which provided for establishment of private
fish & game parks. 31! '05 p.257, 6 Mr
1909 Game
General laws are put under iqo<x Se€ also 2856, Noxious animals
ZQio Propagation. Game preserve
a Pa. Appropriating $6000 for establishing & stocking public game
preserves with deer & certain birds. 2§ '05 ch.320, 11 My
b Wash. County com'rs may create game preserve on any island
on petition of J of its freeholders. 4§ '05 ch. 131, 9 Mr
c Wy. Creating State Game Preserve. 3§ '0$ ch.90, 21 P
291 z Close season
a Ct Close season for mink & otter Ap. i to Oct. 31 except where
destructive to poultry. 2§ '05 ch.5, 30 Mr
b S. D. Amdg. P.C. §3054 subdiv. 6: msdr. to take beaver or otter
between May i & Sep, i [prior to Jan, 1$, 19 11 or thereafter between
Dec. 15 & Oct. 15]. 2§ '05 ch.117, 6 Mr
c Wis. Amdg. S. '98 §45 6 5c rel. to close season for rabbit, gray fox,
black squirrel, beaver, marten, fisher, mink or muskrat. i§
*o5 ch.5 14, 20 Je
1913 Big game
Z916 Bears
a N. T. Amdg. forest, fish & game law '00 ch. 20 §16 as to penalty
for killing wild black bear. 2§ *o5 ch.319, 24 Ap
Z919 Deer
a Col. Amdg. '99 ch.98div.B §7 subdiv.i: open season for homed
deer Sep. 25 [15] to Oct, 10 [Sep. 30]. i§ '05 ch.io8, 7 Ap
b Ct. Amdg. G.S. '02 §3119: fine for killing deer ^500 [$ 100]. i§
'05 ch.93, 20 My
c Ct. Town to pay damage caused by wild deer to crops. 2§
'oS ch.io8, 25 My
d Mass. Amdg. R.L. ch.92 §18 rel. to protection of deer from dogs.
i§ '05 ch.245, 30 Mr
e Mass. Amdg. R.L. ch.92 §17 rel. to close season for deer. i§
'05 ch.419, 18 My
GAME AND FISH
f N. C. Amdg. C. §1058: msdr. to kill deer while swimming; excep-
tion. 4§ '05 ch.388, 4 Mr
g Or. Amdg. Ann.C.& S. §2010 rel. to protection of deer. i§
'05 ch.126, 21 F
h S. C. Close season for deer Jan. i to Sep. i; 13 cotmties excepted.
2§ 'oS ch.485, 9 Mr
i Vt. Amdg. '98 ch. 108 §3 as to amount, enforcement & disposition
of fines for keeping dog to htmt deer or for allowing deer dog at large
in forests. 3§ *o4ch.i3o, iN
J Vt. Amdg. '96 ch.94 §2: deer having horns not less than j in.
may be himted during last 10 days of Oct. except Sun, i§
'04 ch.129, 9 D
k Vt. Open season for deer last week in Oct. having 6 working days.
2§ '04 ch.127, 10 D
m Wis. Amdg. S. '98 §4562d rel. to htmting of deer. 5§
•05 ch. 436, 19 Je
1921 Elk
a Cal. Felony to kill elk. Adds Pen.C. §599. 2! '05 ch. 239, 18 Mr
Z936 Mountain sheep
a Col. Amdg. '99 ch.98 div.B §7 subdiv.i: abolishing open season
for mountain sheep [Oct. 15-25]. i§ '05 ch.io8, 7 Ap
Z927 Small game
a Fla. Open season for wild otter & beaver Dec. i to Mar. i. 3§
'05 ch.57, 24 My
b Neb. Msdr. to hunt red fox or gray timber squirrel. i§
'05 ch.i86, 30 Mr
Z929 Beaver
a Me. Amdg. R.S.*o3 ch.32 §11: killing of destructive beaver in
close season. i§ '05 ch.22, 23 F
b Mich. Amdg. '97 ch.86 §1: beaver not to be killed till Dec. 31,
ipio [1905]. i§ '05 ch.204, 13 Je
c N. Y. Amdg. §14 of forest, fish & game law *oo ch.20 rel. to pro-
tection of beaver. i§ '05 ch.428, 16 My
d If . D. Close season for beaver till Jan. i, 1920. 2§ '05 ch.51, 7 Mr
Z939 Rabbit. Squirrel
a Ct. Penalty for use of ferret for taking rabbits. Amds. G.S.*o2
§3118. §2 *o5 ch.2o8, 29 Je
b Ct. Amdg. G.S.'o2 §3116: close season for wild hares & rabbits
Dec. I [Jan. i] to Sep. 30. i§ '05 ch.222, 6 Jl
c Del. Close season for gray squirrel in Kent & Newcastle cotmties,
Jan. I to Nov. 15. 2| '05 ch.137, 3 Ap
d Ind. Rep. '03 ch.215 §7 which made hunting rabbits with ferret a
msdr. i§ '05 ch.97, 4 Mr
e N. Y. Amdg. §13 of forest, fish & game law '00 ch.20 rel. to close
season for hares & rabbits. i§ 'o5*ch.42 2, 16 My
me
19-50 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
f R. I. Amdg. G.L. ch.113 §1 : close season for rabbit & gray squir-
rel Dec. 31-N0V. I, (Jan. i-Oct. i]; fine $20 [$5] for each rabbit
etc.; J fine to complainant, J to state. 2§ '05 ch.i2So, iiMy
zg44 Birds
a Mass. Appropriating $3000 for preparing & printing by Bd of
Agric, report on birds of Mass. economically considered.
'05 r.51, 14 Ap
b S. C. Wild birds state property ; game birds ; penalty for destruc-
tion of eggs or nest; license to take for scientific purpose; destruc-
tive birds exempted. i2§ '05 ch.474, 9 Mr
Z947 Game birds
a N. H. Forbidding use of certain gtms in hunting game birds. x§
'05 ch.98, 10 Mr
b Wis. Limiting number of certain game birds to be killed, & regu-
lating shipment. 2§ .'05 ch.406, 17 Je
1948 Close season
a Ga. Amdg. '03 p. 100 §1 : close season for dove, marsh hen or snipe
Mar. iS-Sep. i [July 15]. 3§ '05 p.112, 23 Ag
b Ifeb. Prohibiting killing of imported game birds. 3§
'05 ch.187, 3 Ap
c R. I. Amdg. '04 ch. 1 144: penalty for sale of partridge, quail or
woodcock [sale prior to Oct. 15, 1905]; close season Dec, ji-Nov. i
[prior to Oct. IS, 190S]; J fine to complainant, J to state. 3§
'oS ch.1231, 26 Ap
d Wis. Close season for hunting certain birds. Rep. S.'98 §45626,
4564. 2§ '05 ch.449, 19 Je
1949 Anatidae
Waterfowl- swan, goose, duck, brant
a Mc. Close season for duck, Dec. i-Sep. i; penalty $5 per bird.
4§ '05 ch.Si, 17 Mr
b N. H. Penalty for killing loon inhabiting fresh water, or des-
troying eggs. 4§ '05 ch.34, 23 F
c If. J. Amdg.*o3 ch.246 §6-7: lawful to hunt waterfowl in boat or
sink box 100 ft from ice or heaped seaweed; mooring not necessary.
2§ '05 ch.227, 8 My
d Or, Amdg. Ann. C. & S. §2014 rel. to close season for ducks, ij
•05 ch.79, 15 F
e Wis. Amdg. S.*98 §4563 as to close season for certain aquatic
fowl. i§ '05 ch.113, 22 Ap
1950 Gallinae
Black game, capercaillie. grouse, partridge or rufled grouse, pheasant, prairie
chicken, ptarmigan, quail, sage fowl, wild turkey
a Ari. Close season for imported pheasants till Mar. i, 1911. 3§
'05 ch.35, 16 Mr
b Col. Amdg. '99 ch.gS div. B §7 subdiv. 3: open season for sage
chicken Aug. i~Oct. i. i§ '05 ch.io8, 7 Ap
GAME AND FISH
c Ct. Close season for Mongolian, Chinese & English pheasants Dec,
I -Sep. JO [July I, 1902-June I, 1906]. Amds.G.S.'o2 §3122 & rep.
§3127. 2§ '05 ch.158, 21 Je
d Ind. Close season for certain pheasants for 6 yrs. Rep. '99 ch.44.
3§ '05 ch.37, 24 F
e Mass. Amdg. R.L. ch.92 §16: close season for pheasants till open
season for partridge & quail igoy [till Feb. 13, 1905]. i§
'05 ch.73. 14 F
f Hass. Amdg. R.L. ch.92 §3: close season for quail Dec. i-Nov, i
[Oct. i] ; exceptions under propagation permits, i §
'05 ch.406, 17 My
g Mich. Amdg. '01 ch.2 1 7 §9: killing capercaillie, black game or
hazel grouse prohibited till 1910. i§ '05 ch. 73, 26 Ap
h Minn. Close season for certain pheasants till Jan. i, 1910. 2§
'05 ch.39, 15 Mi"
i Or. Amdg. Ann. C. &S. §2021 rel. to close season for pheasant &
quail. i§ '05 ch.77, 15 F
J R. I. Amdg.'oo ch.746 §12: close season for pheasants extended
toOc^ I, ip/o[Oct. 15, 1905]. 2§ '05 ch.1232, 26 Ap
k Vt. Amdg. S. §4612 as to close season & method of hunting part-
ridge. 4§ '04 ch.124, 29 N
X952 Shore birds
Woodcock, plover, snipe, sandpiper, curlew
a Mass. Amdg. R.L. ch.92 §5 rel. to close season for certain shore,
marsh & beach birds. i§ '05 ch. 4 14, 17 My
b N. Y. Amdg. forest, fish & game law *oo ch.20 §23: close season
for woodcock Dec. i [i6]-Sep. 15. i§ *o5 ch.338, 26 Ap
1953 Other than game birds. Song and insectivorous. Plume
a Cal. Amdg. Pen. C. §63 7a rel. to prohibition against killing wild
bird other than game bird. i§ '05 ch. 11 7, 18 Mr
b Del. Amdg. '01 ch.216 §3 rel. to protection of wild birds other than
game: jurisdiction of justice of peace; fines. i§ '05 ch.136, 28 F
0 N. Y. Amdg, §34 of forest, fish & game law 'ooch.20: nests of
crane, raven, common blackbird & kingfisher not to be destroyed or
robbed. i§ '05 ch.426, 16 My
1954 Doves. Pigeons
See Cruelty to animals
a Col. Amdg. '99 ch.98 div.B §7 subdiv.5: open season for doves
Aug. 1-15 [31]. i§ '05 ch.ioS, 7 Ap
X955 Carrier pigeons
a Cal. Msdr. for other than owner to detain, maim or kill homing
pigeon. Adds Pen.C. §598a. 2§ '05 ch.524, 21 Mr
b Minn. Msdr. to interfere with homing pigeon marked with owner's
name & registered number. 2§ '05 ch.56, 21 Mr
1956 Eagles
a Nev. Msdr. to kill American eagle or destroy nest or eggs. 3§
'05 ch.26, 25 F
h
;7-6l N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
1957 Plume birds
Grebe, gtill, tern, pelicsm. egret, heron
a CaL Msdr. to kill gull or crane or destroy eggs or nest. Adds
Pen.C. §599. a§ *o5 ch.524, 21 Mr
Z958 Reedbirds (bobolixiks)
a Del. Amdg. '85 ch.507 §x: close season for reedbirds, Feb. i-
Sep, I [Aug. 2$]. i§ '05 ch.135, 38 F
Z959 Fish
General laws are put under 1900
a Tex, Amdg. R.C.S.'95 art.2513-16, 25i8c-e, 25i8h, 2518k & Pen.
C.'95 art.529g rel. to fish & oyster industry. Adds Pen.C. '95 art.
529X. i2§ '05 ch.90, 14 Ap
Z96Z Fish culture
a CoL Establishing Del Norte Fish Hatchery on Rio Grande; $5000.
4§ '05 ch.104, 25 Mr
b CoL Establishing State Fish Hatchery at Glenwood Springs;
$500. 5§ '05 ch.ios, 10 Ap
c CoL Establishing State Fish Hatchery in Grand county; $3000.
7§ '05 ch.io6, 10 Ap
d Mich. U. S. Bureau of Fisheries may catch fish in Great Lakes
bordering on state for culture & investigation. Hep. '99 ch.88 §6.
3§ *o5 ch.145, 25 My
e Neb. Amdg. *oi ch.36 §13: proceeds of sale of fish, spawn or eggs
to form ftmd to be used by Com'r to improve state hatcheries. 2$
•05 ch.7S, 28 Mr
f Nev. Provision for appointment of 3 Fish Com'rs to establish
fish hatcheries. 2§ '05 ch.156, z6 Mr
g If. Y. Forest, Fish & Game Com'n may purchase fish roe or eggs
giving in exchange percentage of fish hatched. Adds §5 to '04
ch.591. i§ '05 ch.6i2, 25 My
h Wash. Establishing State Salmon Hatchery on Humptulips river
if suitable. 2§ '05 ch.74, 6 Mr
i Wash. Screen to be placed at head of irrigating ditch on stream
used for state hatchery. 25 '05 ch.79, 6 Mr
j Wash. Establishing State Salmon Hatchery on ChehaHs river if
suitable. 2§ '05 ch.8o, 6 Mr
k Wash. State Salmon Hatchery on Little Spokane river to be con-
verted into hatchery for game fish; $2500. '05 ch.94, 9 Mr
m Wash. Establishing State Salmon Hatchery on Chimacum creek
if suitable. i§ '05 ch.96, 9 Mr
n Wash. Establishing State Salmon Hatchery on Skagit river if
suitable. i§ '05 ch.97, 9 Mr
p Wash. Establishing State Salmon Hatchery on upper Methow
river if suitable. 2§ '05 ch. 10 7, 9 Mr
q Wash. Establishing State Salmon Hatchery on Toutle river if
suitable. 2§ '05 ch. 148, 9 Mr
r Wash. Establishing State Salmon Hatchery on east fork of Lewis
river in Clarke county if suitable. i§ *o5 ch.165, ir Mr
GAME AND FISH
8 Wis. Defining & regulating private fish hatcheries; inspection &
registration by Fish & Game Warden; transportation. 6§
'OS ch.435. 19 Je
t Wis. Com'rs of Fisheries to construct bass hatchery at $10,000;
also trout hatchery at $5000. 2§ '05 ch.484, 20 Je
1962 Injurious fish
a Mass. Appropriating $2000 for collection & printing by Com'rs of
Fisheries & Game statistics of damage to food fish by predatory fish.
'05 r.i2, 27 F
Z963 Fishways
a Wis. Defining fishway; to be placed in dam, boom, pier or other
obstruction in stream. 5§ '05 ch.46z, 19 Jc
Z964 Close season
a Ga. Amdg. '03 p. 100 §6: close season for fish except with hook
& line [cast nets, traps, baskets & hook & Hne] Feb, i [Mar. iSj-July
1; close season for shad Ap. 15- July i. 3§ '05 p.112, 22 Ag
b Nev. County may extend dlose season for fishing in stream
stocked with food fish by other than state. 3§ '05 ch.90, x6 Mr
X966 Special methods of fishing
a S. D. Amdg. P.C. §3100, 3103, 3108 rel. to manner of taking vari-
ous kinds of fish. 4§ '05 ch.112, 6 Mr
b Vt. Amdg. S. §4594 as to collection of botmty for destruction of
certain devices for fishing. i§ '04 ch.121, 16 N
Z968 Fishing through ice
a Vt. Amdg. S. §4584 as to fishing through ice in certain waters.
i§ '04 ch.i2o, 3 D
Z969 Set lines
a Vt Amdg. S. §4601 : residents may obtain permits to fish in Lake
Champlain with set line 25 [75] ft long and not having more than
J 5 hooks, i§ '04 ch.123, 3 D
197 1 Seining. Nets
a Ct. Amdg. G.S.'o2 §3158: possession of fish or net on shore of
lake prima facie evidence of intention to use net. i§ '05 ch. 68, 18 My
b Del. Amdg. '99 ch.250 §1 : minimum size of meshes for fishing in
Delaware river & bay, 2 [2^] in. i§ '05 ch.127, 30 Mr
c Minn. Use of seine in botmdary waters between Minn. & Wis.;
license; bond; jurisdiction of violations. Adds 8§ to '03 ch.336. 8|
•05 ch.i86, IS Ap
d N. Y. Amdg. '00 ch.20 §63: mesh of net used in Lake Erie to be
at least f [J] in. bar. i§ '05 ch.36, 7 Mr
e N. Y. Amdg. forest, fish & game law '00 ch.20 §178: nets used in
violation of game law shall [may] be destroyed; com'n may retain for
their use. i§ '05 ch.^57, 29 My
Fish
X971-86. N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
f Or. Owners of pound nets in Columbia river to remove piling at
close of fall season. 2§ '05 ch.159, 21 F
g Pa. Lawful to seine for carp, suckers or mullets from Sep. i—
Jime 20 with net with 2 in. mesh on giving $200 bond to return other
fish. 3§ *o5 ch.2i6, 26 Ap
h S. D. Prohibiting use of seines in waters forming boundary be-
tween S.D. & other states; jurisdiction of offenses. 4§
*oS ch.113, 6 Mr
1973 Explosives. Chemicate. Electricity
a Fla. Msdr. to kill fish by placing lime or poisonous minerals in
fresh waters. 2§ '05 ch. 63, 29 My
1974 Special kinds of fish
1977 Bait minnows
a Mass. Amdg. R.L. ch.91 §81 as to close season for shiners in cer-
tain waters. i§ . '05 ch.Si, 17 F
X978 Bass
a Or. Rep. Ann.C.&S. §2027 rel. to close season for black bass. i§
'05 ch.13, 3 F
b Vt. Close season for black bass Jan. i-June 15; catch limited to
24 per day for individual, 36 for i boat. 2§ '04 ch.122, 16 N
1983 Menhaden
a N. C. Msdr. to catch menhaden except in prescribed seine or to
manufacture fertilizer from fish illegally caught; 4 coimties excepted.
3§ '05 ch.274, 22 F; '05 ch.SoS, 6 Mr
1983(5 Mullet
a Fla. Msdr. to catch for shipping or to transport mullet from Nov.
i5~Dec. 31. 4§ '05 ch.62, 31 My
1984 Pickerel. Pike
a Mass. Town may establish close season for pickerel. Rep.
R.L. ch.91 §68, *o4 ch.364. 2§ *oS ch.417, 18 My
b N. Y. Amdg. forest, fish & game law 'oo ch.20 §48: maskalonge
under 24 in. not to be caught. i§ 'oS ch.423, i6 My
c R. I. Penalty for taking or having in possession pickerel less than
10 in.; proviso. Supplements G.L.ch.171. i§ *o5 ch.i22S, 19 Ap
1986 Salmon
a Or. Penalty for driving or frightening sahnon in w^aters w^here it is
unlawful to fish for same. 2§ '05 ch.30, 6 F
b Or. Rep. Ann.C.&S. §4130-34 rel. to bounty for salmon-des-
troying animals & fowls. i§ *o5 ch.31, 6 F
c Or. Appropriating $25,000 for construction & equipment of sal-
mon hatcheries. 2§ '05 ch.37, 7 F
d Or. Amdg. Ann.C.&S. §4061, 4064, 4065, 4069-71 rel. to close
season for salmon. 8§ '05 ch.133, 21 F
GAME AND PISH
1988 Shad. Herring. Sardines
a Fla. Close season for fresh shad Ap. i-Dec. i, for iced shad
Ap. 7-Dec. I. 3§ '05 ch.6o, 5 Je
b Me. Amdg. R.S.'o3 ch.41 §1, 27, 28 rel. to herring & sardine fish-
ery: methods of catching & packing; penalties. Rep. §29-33. 3§
'05 ch.i6, 22 F
c TX, J. Fish & game com'rs to cooperate with Pa. in propagation of
shad for stocking Delaware river; $25,000. 3§ '05 ch.235, 11 My
1992 Sturgeon
a Or. Amdg. Ann.C-.& S. §4115, 41 16 rel. to method of fishing for
sturgeon. Rep. §4114 rel. to close season. 3§ '05 ch.163, 21 F
1996 Trout
a Col. Amdg. '99 ch.98 div.B §7 subdiv.7: prohibiting trout fish-
ing between 10 [8] p. m. & 4 a. m. i§ 05 ch.108, 7 Ap
b Ct. Transportation of trout out of state except from commercial
hatchery or for stocking prohibited. Amds. G.S.'o2 §3144. i§
'05 ch.151, 21 Je
c Me. Riparian proprietors engaged in trout culture may ship same ;
restrictions. i§ '05 ch.87, 18 Mr
d Mich. Use, transportation & sale of brook & rainbow trout. 6§
*o5 ch.179, 6 Je
e N. Y. Amdg. forest, fish & game law '00 ch.20 §40: close season
for trout to end Ap. 14 if Ap. 16 is Sun. i§ '05 ch.196, 12 Ap
f N. Y. Amdg. forest, fish & game law '00 ch.20 §67: carp not to be
placed in certain lakes or waters inhabited by trout. i§
'05 ch.312, 24 Ap
g N. Y. Amdg. §41 of forest, fish & game law '00 ch.20 rel. to close
season for trout. Adds §4ib. 2§ '05 ch.424, 16 My
h N. Y. Trout not to be sold from Sep. i-Ap. 21. Adds §43b
to forest, fish & game law '00 ch.20. i§ '05 ch.425, 16 My
i Wis. Amdg. S.'98 §456oc: close season for trout in inland waters
Aug. ij-May I [Sep. i-Ap. 15]; day's catch; size. 3§
'05 ch.318, 7 Je
aooo Shellfish. Miscellaneous
a Ct. Extending to Sep. 1906, term of Com'n on Lobsters & Shell
Fisheries appointed by '03 special acts ch.372; additional member
appointed to represent oyster-growing interests. 4§
'05 special acts ch.41 8, 6 Jl
b If. C. Joint shellfish committee may appoint subcommittee of 5
to visit fisheries. '05 p. 1052, 4 F
c R. I. Amdg. '01 ch.856: salary of clerk of Com'rs of Shell Fisheries
$1500 [$1000]. 2§ '05 ch.1253, II My
d S. C. Joint leg. com'n to investigate terrapin & shellfish culture &
sale; report to Leg. of 1906; $800. 4§ '05 ch.569, 7 Mr
Shellfish
aooa-zz N. y. state library index op legislation 1905
aooa Shellfish cultivation
a Me. Shellfish culture & scientific research relative to same, under
direction of Com'r of Sea & Shore Fisheries. 5§ '05 ch.88, 18 Mr
2003 Contaminated waters
S*0 also 1 079, Pollution of water
a R. I. Penalty for depositing in public waters substance injurious
to shellfish; liabiHty for damages; investigation and prosecution of
complaints by Com'rs of Shell Fisheries. 7§ 'o5ch.i222,i3 Ap
2007 Clams
a Me. Amdg. R.S.'o3 ch.41 §34 rel. to town regulation of taddng
clams. 3§ '05 ch.i6i, 24 Mr
b Mass. Com'r of Fisheries & Game to make biologic report on
quahaug culture in Mass. '05 r. 78, 17 My
c Mass. Com'rs of Fisheries & Game to make biologic investigation
rel. to propagation of clams; $500 annual appropriation for 3 3rrs.
•05 r.93, 24 My
d Wash. Close season for digging clams to seU or can May i— Sep. i .
s{ '05 ch.z63, zi Mr
2008 Crabs
a Wash. Close season for crabs July-Sep. ; imlawftd to can crab less
than 6 in. across back. 3§ '05 ch.134, 9 Mr
201 z OjTSters
Ste also 1449, Weights and measures
a Del. Msdr. to use boat propelled by motor power to take oysters
from natural beds. 3§ '05 ch.130, 13 Ap
b DeL Msdr. to use power winders in taking of 05rsters from natural
beds. 2§ '05 ch.132, 13 Ap
c Mass. Com'rs of Fisheries & Game to make biologic investigation
of oyster ctdture in state waters; $500 annual appropriation for 3
yrs. '05 r.73, 12 My
d N. J. Protection of oysters ; close season ; msdr. to trespass on
beds; issue & revocation of license for culture; penalties. Supple-
ments '99 ch.149. io§ '05 ch.41. 21 Mr
e N. J. State Oyster Com'n of Delaware bay & Maurice cove to have
control of industry on tidal lands of Raritan bay ; membership & term
of com'rs; additional salary of Oyster Sup't. Supplementing '99
ch. 194. 'oS ch.249, 25 My
f N. C. " Small" oysters not to exceed 5 [10] % of lot offered for sale ;
lease of beds; license survey, prohibition against export of shells re-
moved. Supplements '03 ch.si6; amds. §6, 7, 11, 22; rep. §23. 9I
'05 ch.525, 6 Mr
g Or. "An act to protect . . . oysters planted ... by State
Biologist or U. S. Fish Com'n" 4I '05 ch.103. 18 P
MINES AND MINING 2012-24
20X2 State departments. Officers
a Ct Amdg. G. S.'o2 §3238, 481 1 rel. to duty of Inspector of Nattiral
Oyster Beds: salary $600 [$400]. 2§ *oS ch.i68, 21 Je
b N. J. Gov. to appoint State Oyster Com'n of 3 for district of Atlan-
tic county; supervision of industry; survey, mapping & lease of beds;
records; fees; licenses. 23 § '05 ch.7S, 30 Mr
20x3 Beds. Grounds
a Ct. Grants of oyster, clam or mussel ground to become final after
5 yrs unless proceedings brought for reversion to state. i§
'05 ch.165, 21 Je
b Del. Surveying & staking of oyster plantations in Delaware bay;
oyster revenue collector to have supervision. 6§ '05 ch. 129, 13 Ap
c Ga. Amdg. C'gS §1694 as to consent required to transplant oys-
ters from private beds. 2§ • '05 p.73, 22 Ag
20x5 Minimum size
a Del. Oysters taken from natural beds of Delaware bay to be rough
culled; penalty. 2§ '05 ch. 131, 13 Ap
20x6 Taxation. License
a Fla. Aliens & nonresidents to pay annual license tax of $25 for
each boat used in taking oysters from natural or public beds; dispo-
sition of license money. s§ '05 ch.58, 15 Je
b Wash. Amdg. '03 ch.i66 §14 as to pajmient of license fees & re-
ceipts for oyster seeds into gen. fund. i§ '05 ch. 130, 9 Mr
20x7 Scallops
a Mass. Com'rs of Fisheries & Game to investigate & report as to
scallops. 'oS r. 49, 13 Ap
20x9 Terrapin
a N. Y. Taking, killing or selling land turtle or tortoise prohibited.
Adds §iSa to forest, fish & game law *oo ch.20. 2|
'05 ch.319, 24 Ap
^0*0 Mines and mining
5w 0/50 5 00 1 Corporations; 8461 Taxation; 2349. Mining schools. For labor in '
mines set 2040, Labor
a Pa. *'To fix ntunber & salaries of . . . employees in Dep't of
Mines." 2§ '05 ch.9, i Mr
b Wy. *'An act to authorize State Geologist to establish Bureau of
Mining Statistics, . . . filing and distributing information rel. to
the mineral industry of Wyoming. . ." 6§ '05 ch.92, 21 F
2024 Corporations
a CaL Rep. '80 ch.118 rel. to protection of stockholder in mining
Corp. i§ '05 ch.77, 7 Mr
b CaL Mining corp.: transfer of stock; consolidation; inspection of
books & mine by stockholder; accoimts; reports. Adds CO. §586-90;
rep. div.i pt 4 t.ii. 6§ '05 ch.432, 21 Mr
Mines
2024-35 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
c Mich. Amdg. '77 ch.113 §18 rel. to assmt. on capital stock of min-
ing Corp.: sale of delinquent stock. i§ '05 ch.28, 23 Mr
d Mich. Amdg. '77 ch.113 §21: mining corp. may dispose of stock
of foreign or domestic mining corp. i§ '05 ch. 105, 10 My
e Or. Officers, directors & meetings of mining corp. i§
*oS ch.190, 21 F
f Or. License fee of certain mining corp. ; annual report. 4§
'05 ch.214, 22 F
2025 Debris
a Cal. Amdg. '93 ch.228 §1: Gov. to appoint Debris Com 'r May 7,
IQ0$ [Jan. I, 1902]. i§ '05 ch.143, 18 Mr
2030 Mining claims. Property rights
a Cal. Date of locating claim in patent for mineral land granted by
U. S. prima facie correct. Adds C.C.P. §1927. '05 ch.81, 7 Mr
b N. M. Annual assmt. work on mining claim involved in pending
action. 2§ '05 ch.83, 15 Mr
c N. C. Amdg. C. §1892 so as to provide for partition of mineral
interests when title to same has become separated from surface. 3§
'05 ch.90, 2 F
d Okl. Msdr. to tear do\vn or deface notice of mining claim, destroy
markings, fill up mining shaft of another or alter or erase records of
mining recorder. i§ '05 ch.13 art. 8, 11 Mr
e Or. Curing defects in notice of location of mining claim. i§
'05 ch.142, 21 F
f Tex. Amdg. R.C.S.'qS art.3498f, 3498g & 3498I rel. to mining
claims. Rep. art. 3498m. 4§ '05 ch.99, 15 Ap
g Wis. Lessee of mine to keep open records & make monthly state-
ment to lessor. 2§ '05 ch.236, 23 My
2034 Trespass
a N. M. Msdr. to wrongfully enter on mining claim after posting
notice of warning against trespass. 3§ '05 ch.28, 3 Mr
2035 Petroleum. Gas
See also 1493, Petroleum products (inspection); 1647, Encouragement of industries
a Kan. "An act to regulate mode of procuring, transporting & using
natural gas ..." 3§ '05 ch.312, i Mr
b Kan. Msdr. to drill oil or gas well within 100 ft of right of way of
steam or electric r>'. 2§ *o5 ch.210, 8 Mr
c Kan. County com'rs may appoint inspector of natural gas wells &
pipe lines; duties; compensation $5 a day. io§ '05 ch.313,9 Mr
d Okl. Drilling & operation of oil & gas wells : plugging of abandoned
wells; storm burners to be used in burning natural gas for lighting
purpose. 8§ '05 ch,26art..i, 15 Mr
e Tenn. Drilling & operation of oil & gas wells; waste; plugging of
abandoned wells. 7§ '05 ch.379, 13 Ap
LABOR
2036 Pipe lines
a Kan. Pipe line co. to be common carrier; maximum rates; super-
vision by Bd of Railroad Com'rs; equipment; penalties. 5§
'05 ch.315, 22 F
2037 Waste of oil and gas. Plugging wells
a Dl. Treatment of oil or gas well before abandoning; filing of af-
fidavit of compliance with law; casing off fresh water. 4§
'05 P-326, 16 My
b Tex. Adding §7-10 to '99 ch.96 rel. to oil, gas & mineral water
wells: injurious drilling; abandonment; District Court of county to
have jurisdiction. 4§ '05 ch.119, 9 My
c Wy. Msdr. to allow escape of oil or gas from well; stopping of
abandoned well; exceptions. 6§ '05 ch.77, 21 F
2040
Labor
BY HELEN PAGE BATES PH.D.
See also 20, Bureaus of statistics; 354, Convict labor; 1099, Buildings, sanitation
and safety; 1236, Workingmen's trains; 161 2, Labor day
a Kan. Com'r of Labor to publish annual report.. Rep.'oi ch.293
in so far as it relates to Com'r's report. 2§ *o5ch.279,25F
ai Mass. Bd of Health to continue investigation begun under '04
ch.99 of conditions affecting health & safety of factory hands &
report Jan. 15, 1907. '05 r.59, 28 Ap
b N. Y. Submitting amdt. to Const. 1894 art. 12 §1 : Leg. may regu-
late wages, hours & conditions of labor of public employees & also
labor on all public contracts. Adopted Nov. 1905.
'02 p.1803, 27 Mr; '03 p. 1453, 22 Ap
c Or. Amdg. '03 p. 205 §2 rel. to term of office of Com'r of Labor
Statistics. i§ '05 ch.36, 7 F
d Pa. Factory regulations to secure health & safety of employees.
28I *o5 ch.226, 2 My
e R. I. Amdg. G.L. ch. 68 §1-4, 12 rel. to appointment, term & duties
of Factory Inspector: salary, chief inspector $2000 & 2 assistants at
$1500; expenses. 5§ '05 ch. 12 15, 9 Mr
f Wash. Amdg. *oi ch.74 §1,8 as to appointment & compensation
of assistants in Bureau of Labor. 2§ '05 ch.83, 6 Mr
g Wash. Safety & health regulations for factories & workshops
using machinery; inspection; action for injury. Rep. '03 ch.37. i3§
'05 ch.84, 6 Mr
h Wis. Amdg. S.'98 § 1021c: term of Com'r of Labor & Industrial
Statistics 4 [2] yrs. i§ '05 ch.83, 13 Ap
i Wis. Amdg. '99 ch.152 §1 : Com'r of Labor & Industrial Statistics
may appoint 10 [6] assistant factory inspectors; factory inspector or
assistants to issue certificate of inspection. 2§ '05 ch.338, 10 Je
2046 Comfort of employees
2047 Seats for employees
a Tcnn. Msdr. for employer to fail to provide seats for women em-
ployees. 3§ '05 ch.171, 4 Ap
2048-63 ';' N. Y. STATE LIBRAY INDEX OF LEGISLATION I905
2048 Washrooms and closets
a Ct. Toilet room in foundry. 2§ '05 eh. 140, 15 Je
2049 Health of employees
a Wis. Prohibiting use of wood alcohol so as to endanger life or
health. 3§ '05 ch.274, i J©
2051 Dust and gases
a Wis. Amdg. '99 ch.189 §1 rel. to hooding of emery wheels & belts.
i§ '05 ch.147, 3 My
2052 Safety of employees
Ste also 3X35, Employers liability
a Wis. Manufacturers & owners of com buskers & shredders to pro-
vide safety devices. 5§ '05 ch.296, 3 Je
2653 Bakeries and confectioneries
See also q8o, Sanitary regulation of bakeries; 1008, Confectionery
a If. J. Regulating sanitation of bakeries & confectionery factories;
hrs of labor not to exceed 10 hrs a day or 60 hrs a week; minor under
18 not to work between 7 p.m. & 7 a.m. Supplements '04 ch.64. 11 J
'oS ch.io2, 5 Ap
b Tcnn. Amdg. '99 ch.401 rel. to inspection of workshops: term to
include bakeries. i§ '05 ch.159, 4 Ap
2054 Building trades
2056 Safety of employees
a If. Y. Amdg. labor law '97 ch.415 §20 as to inclosure of elevator
shaft in buildings under construction. i§ '05 ch. 520, 17 My
b Wis. Amdg. *oi ch.257 §2-4 rel. to use of scaffolding, hoists, stays,
ladders etc. in constructing buildings: enforcement by ComW of La-
• hor, State Factory Inspector & assistant, or chief local officer en-
forcing building laws. Adds §3a. 4§ • *oS ch.250, 25 My
2058 Scaffolds
a Kan. State Factory Inspector on complaint of workman to ex-
amine into safety of scaffolding & other appliances used in repairing
structure & order necessary changes. 2§ *oS ch.527, 13 P
2063 Mines
See also ao2o, Mines and mining
a 111. Amdg. '99 p. 3 00 §7, 11 rel. to coal mine inspection : division of
state into 10 [7] districts & appointment of inspector for each.
'05 P-32S, 13 My;'oS p.325, 12 My
lb 111. Amdg. *99 p. 300 §10 rel. to salary & expenses of State Mining
Bd. i§ '05 p.330, 16 My
c Ind. "An act to revise laws rel. to coal mines & subjects rel.
thereto, & providing for health & safety of persons employed therein."
29§ '05 ch.So, 28 P
d Mich. Rev. '99 ch.57 rel. to inspection of coal mines. 36 §
'05 ch.ioo, 10 My
e Minn. County having 5 mines to appoint inspector; qualifications;
duties. 13 J '05 ch,i66, 13 Ap
LABOR
f Pa. Amdg. '91 ch.177 art. 2 §1-3, 7, 1 5 rel. to anthracite coalmine
inspection districts. s§ '05 ch. 229, 3 My
g U. Appointment of Coal Mine Inspector; salary; duties; mine in-
spection; health & safety of employees & protection of property.
Rep. R.S.*98 t.42 ch.2. i9§ *o5 ch.122. 17 Mr
h W. Va. Creating Dep't of Mines: appointment of Chief & District
Mine Inspectors; annual report by Chief to Gov.; $1500 annual ap-
propriation. Rep.'9o ch.9 §4, '01 ch.io6 §1. S§ '05 ch.46, 24 P
2064 Health and comfort of employees
2065 Ventilation
a 111. Amdg. '99 p.300 §18 as to test for determining air circulation
in mine. i§ '05 p.324, 13 My
b Mo. Coal mine to have current of air for every 50 persons. Adds
R.S. '99 § 8801a. i§ 'oS p. 237, 13 Mr
c Wy. Amdg. '03 ch.23 §6 rel. to ventilation of mines. i§
'oS ch.6i, 20 F
2066 Safety of employees
a Kbjl Com*n of 3 to be appointed by Gov. to investigate cause of
coal mine explosions in southeastern Kan. ; report to present Leg.
'OS ch.S34. i8"P
b Kbjl Safety regulations in coal mine operated on room-and-pillar
plan; inspection. 3§ *o5 ch.3oS, 22 K
c Wev. Amdg. '79 ch.48 §1 rel. to use of certain safety devices in
mines. 2§ '05 ch.98, 17 Mr
2067 Blasting
See also xzzq, Explosives; 1437, Blasting powder
a 111. Coal mine using 2 lb blasts to have experienced shot firer;
blasting rules; penalties. 4§ *oS p.328, 18 My
2074 Mining signdla
a lU. Amdg. '99 p.300 §23 rel. to mine signals, ij
'05 p.329. 13 My
2076 Shafts
a Kan. Amdg. '75 ch.iis §1, '99 ch.165 §1 rel. to escape shaft for
coal mine. 2§ '05 ch.304, i Mr
2077 Railways
2078 Health of employees
2079 Vestibules
a Me. Street car platforms to be inclosed from Dec— Mar. ; ex-
ceptions. 45 '05 ch.32, 7 Mr
b N. Y. Street ry. co. in Kings or Queens county to inclose platforms
from Dec. i-Ap. i. Adds §112 to railroad law '90 ch.s65. 2§
•05 ch.4S3, 16 My
2080 Safety of employees
a Wy. Regulating stringing of wires over steam railroad to pro-
tect train men. i§ '05 ch.8i, 21 F
Hours
2081-96 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
2081 Hight of bridges and cars. Warning devices
a Kan. Wires over railroad to be 25 ft from rails; trolley & feed
wires, 22 ft.; Bd of Railroad Com'rs to regulate stringing. 3§
'oS ch.356, 4 Mr
b Vt. Amdg. S. §3883: single track railroad bridges & other ob-
structions to be 22 [20] ft above rails. i§ '04 ch.91, 10 D
c Vt. Amdg. S. §3884: warnings to be placed on railroads at ap-
proach to structure of whatever kind or nature less than 22 ft above
rails. i§ '04 ch.92, 10 D
d Wis. *'An act to promote safety of railroad employees by com-
pelling erection of telltales" on bridges or obstructions under 7 ft
above top of freight cars. 5§ '05 ch.348, 12 Je
2082 Sweat shops
a Mass. Employer of garment maker licensed to work at home to
keep register & make monthly report to chief of police. Supplements
R.L.ch.io6 §56. '05 ch.238, 30 Mr
2085 Hours
See also 2 113, Employment
a Mass. Senators & representatives to try to secure amdt. to U. S.
Const, allowing Congress to regulate hrs of labor. '05 p. 429, 21 Mr
b Men. Prescribing 8 hr day on public work & in mill, smelter &
underground mine; penalty. 3§ '05 ch.50, i Mr
c N. H. Amdg. P.S. ch.i8o §14: women & minors under 18 employed
in factories to work ^8 [66] hrs a week during July & Aug. i §
'05 ch.io2, 10 Mr
2086 Women
2087 Bakeries and confectioneries
a If. Y. Limiting employment in bakery to 10 hrs a day or 60 hrs a
week. '97 ch.415 §110, 13 My. Unconst. Restricts freedom of contract
in manner not justified by police power. Lochner v. N. Y. 198 U. S.
45 (1905).
2094 Mines
a Col. Working day in underground mine, smelter or ore reduction
works or mills or about blast furnace not to exceed 8 hrs. 3§
'05 ch.119, 21 Mr
b Mo. Mining, ore crushing or refining co. to work laborer only
8 hrs in 24. Repealing '03 p.219. 3§ *o5 p.236, 10 Ap
2095 Pharmacists. Drug clerks
a Cal. Drug clerk not to sell drugs or compound prescriptions more
than 60 hrs a week except on emergency call. 4§ *o5 ch 34, 28 F
2096 Public work
a Cal. Unlawful to employ laborer on gov't work more than
8 hrs in 24; felony for employer to retain portion of wages. Adds
Pen.C. §653c-d. 2§ '05 ch.505, 21 Mr '
b Nev. Amdg. '03 ch.37 §2 rel. to penalty for violation of 8 hr labor
law on public work. i§ *oS ch. 32, 27 F
Wages. Employment
LABOR 2096-2113
c N. Y. Limiting labor of employees of contractor for public work
to 8 hrs a day. '97 ch. 415 §3, 13 My. Unconst. Violates const,
rights of municipalities. People v. Grout 72 N. E. 464 (1904).
2097 Railways
a Kan. Certain railroad employees not to work more than 16 hrs in
24; exceptions. 2§ '05 ch. 342, 7 Mr
b Mo. Railroad employee except in case of accident to be allowed 8
hrs rest in 24; penalty. 2§ '05 p.112, 25 Mr
2100 Wages
See also 419, Mechanics liens; 451, Exemption from execution; 74a, Garnishment
a Mass. Amdg. R.L. ch.io6 §65, 66: specification as to work & pay
to be furnished cotton operative j [7] days after beginning work;
contents of specification in textile factory ; variations caused by worker;
enforcement; penalties. 5§ *o5 ch.304, 17 Ap
2101 Assignment
a Ct. Assignment of future earnings as security: validity as to
attaching creditor. Rep. G.S.'o2 §836. 4§ '05 ch.78, 19 My
b 111. Assignment of wages must be in writing & acknowledged; if
for longer than 6 mo. or usurious, void. 6§ '05 p. 79, 13 My
c Mass. ** An act rel. to assignment of wages." i§ '05 ch.308, 20 Ap
d Minn. Assignee of wages must give employer written notica
within 3 days; if unearned, must be with latter 's consent & for not over
60 days; msdr. to charge for collection. 3§ '05 ch.309, 19 Ap
e Tex. Occupation tax on traffic in future wages. 5§
'05 ch.iii, 15 Ap
f Wis. Assignment of salary or wages of married man to be signed
by wife & witnessed by 2 disinterested parties ; not to extend beyond
2 mo. Adds S. '98 §23i3a. 2§ *o5 ch.148, 3 My
2x03 Mode of payment: money, company stores, (ertificates
See also 462, Money
a Mo. Wages to be paid in money or order redeemable in money
R.S.*99 §8142-43. Unconst. Abridges freedom of contract. Leach
V. Mo. Tie & Timber Co. 86 S.W.S79 (1905).
b Nev. Msdr. for employer to discount time check issued to em-
ployees; exceptions. 3§ *o5 ch.io6, 15 Mr
c Tex. Rev. '01 ch.112 prohibiting issuance of merchandise check
to employee. 3§ *o5 ch.152, 18 Ap
d Wash. Amdg. '88 ch.128 §1 : laborer to be paid in cash or demand
order on leaving employment. i§ '05 ch.112, 9 Mr
2107 Mines
a Kan. Msdr. to defraud miner by tampering with check number.
2§ '05 ch.214, 3 Mr
21x3 Employment
See also 1246(5, Common carriers
a Cal. Rep. Pen.C. §178-79 which prohibited corp. from emplojring
Mongolian labor. i§ '05 ch.492, 21 Mr
Employment
2113-Z8 N. V. STATE LIBRARY INDEX OF LEGISLATION I905
b N. J. Com*n to be appointed to codify & revise law of master &
servant; report to Leg. of 1906. i§ '05 ch.94, 3 Ap
2113(5 Contracts
a Ala. Msdr. for employee or lessee abandoning written contract to
make similar agreement with other party. *oi p. 131, i Mr. Unconst.
Abridges right to contract in manner not within police power. Toney
V. State 37 S. 332 (1904).
b Cal. Amdg. C.C. §49 as to abduction or enticement of servant
from master. i§ *oS ch.70, 7 Mr
c N. M. Penalty for failure to perform labor or refund after receiving
payment in advance. 2§ *oS ch.37, 8 Mr
2113(7 Discharge
See also 2137
a Mo. Corp. on demand to give employee quitting service after 90
days, letter showing reason for discharge; penalty. i§
'05 p. 1 78. 14 Ap
21 14 Employment offices. Emigrant agents
a Cal. Amdg.*o3 ch.14 §3: employment agent inducing person to
move through false representations to refund fee & transportation
expenses. Rep. §4. 2§ '05 ch.145, i^ Mr
b Ct. Educational employment agency need not pay license fee.
Supplements G.S.*o 2 ch. 2 59. i§ '05 ch,i48, 22 Je
c Ct. Amdg. G.S. '02 §4613 rel. to employment bureau: fees for
procuring situation limited to 10% of is^ month's wages [$2]; can-
celation. i§ *oS ch.271, 19 Jl
d Mo. Amdg. R.S.*99 §1948: msdr. for employment agent to send
female to immoral resort or to retain fee on failing for 3 days to place
applicant. i§ '05 p. 129, 6 Ap
21 15 Free employment bureaus
a Mich. Establishing Michigan Free Employment Bureaus in cities
of 50,000. 3§ '05 ch.37,3oMr
b Minn. Provision for establishing free Public Employment Bureau
in city of So,ooo; $1750 annual appropriation. s§ '05 ch.316, 19 Ap
21 17 Women
a Mich. Women not to operate emery wheels or belts. Adds §7 to
'99 ch.202. i§ *o5 ch.172, 6 Je
b Pa. Women to be employed in industrial establishment but 1 2 hrs
a day or 60 a week; seats; toilet rooms. 28§ '05 ch.226, 2 My
21 18 Children
See also 2x7a, Children (dependent and neglected); 2270, Comptilsory
attendance
a Cal. Employment & hrs of labor of children. 6§ *o5ch.i8, 20F
b Cal. Rev.C.C. t.4 pt3 div.i: minor of 14 may with his consent
be bound as apprentice till majority ; filing of contract ; treatment ;
court supervision; enticing from master. 13! '05 ch. 4 17, 21 Mr
c Ct. Amdg. G.S. '02 §4705 rel. to age certificate : certificate of -foreign
bom. i§ '05 ch.115, 6 Je
d Del. Regulating employment of children. 9! *o5 ch.123, 18 Ap
Employment
LABOR 2118-21
c Kan. "An act . . . prohibiting employment in factories, pack-
ing houses & mines of persons tinder 14 yrs of age & regulating em-
ployment in other occupations ... of persons under 16 yrs of age."
4§ '05 ch.278, 22 P
f Mass. Amdg. R.L. ch.io6 §31 rel. to approval of age &• schooling
certificates of minor. i§ *o5 ch.213, 24 Mr
g Mass. Amdg. R.L. ch.io6 §28: minor between 14 & 16 not to be
employed without certificate of ability to read & write EngHsh. 2§
'oS ch.267. 6 Ap
h Mich. Amdg. '01 ch.113 §2 rel. to employment of children. i§
*oS ch.171, 6 Je
i N. Y. Amdg. labor law '97 ch.4iS §76, 167 rel. to emplo3rment
certificates of minors: Com'r of Labor may demand of employer of
child apparently under 16 same age & birth certificate as of child
14-16. *o5 ch.493, 17 My
j N. Y. Amdg. labor law '97 ch.415 §71, 163 so as to permit em-
ployment of minors of legal age, when unable to furnish required age
& birth certificate; discretionary power given to Bd of Health. 2§
'oS ch.SiS 17 My
k N. Y. Amdg. labor law '97 ch.415 §i74, i77, 179a rel. to children
working in street or public place: extending provisions to cities
of ist & 2d class. 4§ '05 ch. 519, 17 My
m Or. Amdg. '03 p. 79 rel. to child labor: substituting employer's &
age & schooling certificates for parent's affidavit; issue of vacation
permits. *o5 ch.208, 22 P
n Pa. Amdg. '01 ch. 335 §1: certificate of ability to read & write
English may be issued to child worker of 13-16 by any one author-
ized to administer oath, or by sup't of schools. i§ '05 ch.98, 10 Ap
p Pa. Prohibiting employment of child under 14 in any establish-
ment; minor under 16 to work but 60 hrs a week or 12 a day; certifi-
cates & affidavits. 28§ '05 ch.226, 2 My
q R. L Amdg. G.L. ch.68 §1, 2, 12 : no child under 14 to work in fac-
tory or business establishment after Jan. i, 1907; child of 16 not to
work from 8 p. m.-6 a. m. ; age & schooling certificate. Si
'05 ch.i2is, 9 Mr
r Vt. **An act rel. to employment of child labor." Amds. S. §712
& rep. §713. S146. 5§ '04 ch.iSS, 6 D
8 W. Va. Amdg. '87 ch.ii §1 rel. to employment of children: ex-
tending provisions to mercantile establishments; minors 12—14 J^ot ^o
be employed during school hrs; enforcement. 4§ '05 ch.7S, 23 F
t Wis. Truant officer may. visit places where minors are employed
& report illegal employment to school authorities & Labor Com'r or
Factory Inspector. i§ '05 ch.246, 25 My
21 19 Mines
a 1 21 Children
a lU. Amdg. '99 p. 300 §22: boy under i<5 [14] not to work in mine.
i§ 'oS p.326. 13 My
b Mo. Amdg. R.S.'99 §8811 : no boy under 14 [12] or under 16 [14]
if he can not read & write, to work in mine. i§ '05 p. 23 7, 3 Ap
Labor disputes
2121-40 N. Y. STATE LIBRARY INDEX OF LEGISLATION 190$
c Mon. Msdr. to employ or allow child under 16 to work in under-
ground mine. 3§ '05 ch.i6, 15 F
d Pa. Employment of children in anthracite coal mines; certificates;
form; power to issue; minimum age for workers underground, 16
above ground, 14. i4§ *oS ch.222, 2 My
2x25 Employers liability. Insurance
See also 1732, Insurance; 1762, Industrial insurance
a Men. Liability of operator of mine, smelter or mill for certain
injuries to employee; contrary stipulation void. 4§ '05 ch.23, 20 F
b S. C. '*An act to fix . . . liabilities of corp., firm or indi\ddual
operating relief dep't to employees, & to regulate operation of
same." 2§ 'oS ch.488, 7 Mr
c Wis. In action brought for personal injuries caused by neglect of
employer to guard machinery or premises, continuance in employ-
ment with knowledge of unsafe conditions no bar to recovery. Adds
S.'qS §i636jj. i§ '05 ch.303, 5 Je
2126 Railroads
a Kan. Amdg. '03 ch.393 : railroad employee to notify co. of injury
by fellow servant within 8 ftto. [90 days] from discharge from com-
pany's hospital or care; service. 3§ *o5 ch.341, 3 Mr
b Mon. Railroad liable for injury of employee by fellow servant;
contrary stipulation void; survival of action. 3} '05 ch.i, 16 Ja
c Tex When defense of assumed risk is available in action against
railroad or street ry. for death or injury of employee, i {
'oS ch.163, 24 Ap
2128 Workingmen's insurance
a 111. Com'n to be appointed to investigate plan for industrial in-
surance & workingmen's old age pensions; report to Leg. of 1907.
'05 p.401, 4 My
2134 Laibor disputes
See also 74Q, Injunction
a Col. "An act to prohibit boycotts, blacklisting, picketing, patrol-
ling & other obstruction of or interference with lawful business . . .
penalty . . .*' 5§ 'oS ch.79, 20 Ap
2137 Blacklisting. Membership in unions
a Nev. Msdr. to blacklist discharged employee. 3§
'05 ch.150, 24 Mr
2x38 Boycotts. Interference
a U. Msdr. to intimidate employee to prevent entering or remaining
in service. i§ '05 ch.i6, 24 F
"-**» Charities
BY HELEN PAGE BATES Ph.D.
See also 60, State institutions; 335, Corrections; 583, Corporations not for profit;
1 761, Fraternal beneficiary societies
a Mass. Amdg. R.L.ch.81 §41 rel. to decennial return of overseers
of poor to State Board of Charity. i§ 'oSch.ii5,28P
Poor relief
CHARITIES 2143-51
2143 State institutions (general)
a If. Y. Bd of Charities may transfer inmate of inst. on written ap-
proval of Gov. Adds §i6a to charities law '96 ch.S46. i§
'05 ch.452, 16 My
b Tex. Amdg. R.C.S/9S art. 146, 152 : bds of trustees of state asylums
& Confederate Home to hold monthly [quarterly] meetings ; traveling
expenses. 2§ '05 ch.36, 23 Mr
2144 Local boards, officers and institutions
a Minn. Salary of member of county bd of control $600; bd may
appoint almshouse physician at $5000. i§ , '05 ch.79, 25 Mr
b Minn. Bd of county com'rs may designate i member to attend
annual State Conference of Charities & Correction. i§
'05 ch.262, 18 Ap
c If. J. "An act providing for appointment & election of overseer
of poor in cities •. . .in which power is not conferred by charter ..."
3§ '05 ch.22, 8 Mr
d Wis. Bd of supervisors in county over 250,000 to elect bd of
trustees to have charge of county poor; reports. 6§
'05 ch.94, 20 Ap
e Wis. Amdg. S.'98 §335© ." 1500 [500] copies of proceedings of ass'n
of trustees & sup't of county asylums to be printed. i§
'05 ch.22i, 22 My
f Wis. Amdg. S.'98 §1512 rel. to county's liability for relief of
strangers: giving of notice. 2§ '05 ch.22 2, 22 My
2145 Private charities and institutions
a Ct. State appropriation to private inst. forfeited on refusal of
access to state officials. 2§ '05 ch.226, 6 Jl
2149 Poor relief
See also 260, Vagrancy; 2406, Pensions and relief
a Mass. Amdg. R.L.ch. 81 §4: State Bd of Charity may inspect .
place where city or to^m pauper is supported in family, i §
•oS ch.285, 13 Ap
b N.. J. Com'n to be appointed to consider revision of poor laws of
state; report to Leg. of 1906. 2§ '05 p. 565, 3 Ap
2 1 51 Support of pauper. Settlement
a Cal. Amdg. P.C. §2189: indigent patient discharged from State
Hospital to be cared for by county of commitment. i§
'oS ch.180, 18 Mr
b Cal. Amdg. P.C. §2191: indigent nonresident for i yr committed
to State Hospital may [must] be returned to place of settlement, i §
'oS ch.256, 18 Mr
c* Ct. Amdg. G.S.'o2 §2489: town liable for pauper returning within
7 yrs from time of beginning to acquire settlement in other state, i §
*o5 ch.8S, 24 My
d Me. Relief to aliens by town to be within provisions of R.S.*o3
ch.27 §33. i§ '05 ch.142, 23 Mr
Poor relief
2151-^3 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
e Minn. Amdg. '89 ch.170 §8 reL to recovery by municipality from
person or place chargeable with pauper's support. i§
'oS ch.327, 19 Ap
f Nev. Msdr. to import pauper intending to make him county charge.
4§ 'oS ch.ii, 20 F
g Pa. Regulating settlement of paupers ; removal to proper district ;
support by relatives. 6§ *oS ch.82, 6 Ap
h Pa. Amdg. '36 ch.i68 §16 rel. to order for removal of person likely
to become public charge to place of settlement. i§ '05 ch.84, 6 Ap
i Vt. Amdg. S. §3172 as to recovery by town for support of pauper
pending action against town of settlement after notice. i§
'04 ch.8i, 8 D
j Wis. County district atty., prior to commitment to charitable or
penal inst. to investigate place of settlement & financial ability of
person to be committed. i§ Adds S. '98 §s84a. *oS ch.28s, i Je
k Wis. Amdg. S. '98 §1512: disallowance of claim of county for
relief of strangers ; appeal. Adds §151 2a. 3§ '05 ch.414, 17 Je
m Wy. Liability of county sending pauper to State Hospital. 2 §
*oS ch.19, 10 F
2153 Burial
See also 241 x. Pensions and relief
a 111. Amdg. R.S.'74 ch.107 §24: town or precinct to bury nonresi-
dent pauper dying in limits; recovery from relatives. i§
'oS p.343. 13 My
2155 Poorhouses
a Mass. Amdg. '04 ch.274 §1: tramps or vagrants received in work
or almshouse without commitment to be confined in separate quar-
ters from pauper inmates. i§ '05 ch.348, 28 Ap
2156 State poorhouses and officers
a Mass. "An act rel. to preparation of plans for almshouse build-
ings." i§ *oS ch.162, 10 Mr
2157 Local institutions
a N. J. County may incur bonded debt to build new almshouse. 2 §
'oS ch.267, 10 Jl
b Wis. Amdg. S.*98 §1513: judge of Court of Record [of coimty]
may commit to county poorhouse. 2§ '05 ch.73, 11 Ap
c Wis. State Bd of Control may condemn almshouses dangerous
to inmates; removal of inmates. i§ '05 ch.77, 13 Ap
2160 Sick and disabled
See also xoao. Communicable diseases
2163 Care of sick poor
a N. Y. Overseer of poor to care for indigent Indian at state expense
during epidemic. Adds §3oa to public health law '93 ch. 66 z. i§
*o5 ch.303, 22 Ap
CHARITIES
2165 Hospitals
Sm also X033, Hospitals for conta^tis diseases; 1025. Leper home; 1042, Tuber-
cxalosis hospital
a Mass. Hospitals receiving state or local aid & certain private hos-
pitals to keep case records. 3§ '05 ch.330, 25 Ap
3166 State hospitals
a Mass. Number of trustees of Mass. State Sanatorium increased to
7, 2 to be women. i§ '05 ch.159, 9 Mr
b Mass. Expenses for support & removal of patients of Mass. Hos-
pital for Dipsomaniacs & Inebriates or of Mass. Hospital for Epileptics
paid by city or town recoverable of place of settlement & of inmate
or kindred. 2§ '05 ch.354, i My
a 1 68 Local hospitals ,
a Ind. Amdg. '03 ch.i86 §2, 4: county may lease building not in use
to hospital ass'n; meetings of hospital bd. 2§ '05 ch.34, 24 F
b N. H. "An act to authorize city of Dover to . . . maintain a
hospital . . ." 5§ '05 ch.162, 9 F
317a Children
See also 346, Reform schools: 37 1> Juvenile offenders; 445, Guardianship; 474,
Family; axi8, axai. Employment
a Ari. Removal of child from custody of parent or guardian for neg-
lect or abuse. 2§ '05 ch.i6, 24 F
b Cal. Msdr. to send minor under 18 to saloon or disorderly house.
Adds Pen.C. §273. i§ '05 ch. 75, 7 Mr
c Cal. Penalty for abandoning child; prohibiting im justifiable or
cruel punishment; employment; separate confinement while tmder
arrest; commitment. Amds. Pen.C. §270,272; adds§27ia, 273,
273a-e; rep. §1389. io§ *o5 ch.568, 22 Mr
d Col. Parent not relieved of support of minor child by commitment
to inst.; exam, to determine abihty to contribute. 4§
'05 ch.126, 10 Ap
e Fla. County judge may commit dependent & neglected child to
care of corp.; corp. may place out children. 3§ '05 ch.99, 5 Je
f El. Commitment & placing out of dependent & delinquent chil-
dren; records. 4§ '05 p.86, 13 My
g Me. Neglected children: commitment; persons to enforce; sale
of intoxicants; disorderly houses; exhibitions; begging; penalties.
Amds. R.S.'o3 ch.6i §45, 46 & ch. 63 §7; & rep. ch.6i §48. io§
*oS ch.123^21 Mr
h Mass. Minor under care of State Bd of Charity to be allowed to
adhere to religious belief of parents. 2§ 'oS ch.464, 25 My
i Mich. Amdg. '8 1 ch.260 §2 : child un^er 17 [16] or school pupil not
permitted in saloons, gambling houses, etc. i§ '05 ch.236, 16 Je
j Hon. Amdg. Pen. C. §471, 473 rel. to cruelty to or abandonment
& neglect of child. 3§ '05 ch.6, 3 F
k Old.- Care of dependent & neglected bojrs under 15 & girls tmder
16 by children's aid societies. i4§ '05 ch.14, art.i, 13 Mr
Children
2174-82 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
2174 Crippled and deformed children
a 111. School district may establish classes of 15 or more for crip-
pled children from 6-21; teachers' qualifications. Rep. '03 p.314.
4§ '05 p.372, 18 My
b Minn. Designating 3 com'rs to consider advisability of establish-
ing state hospital for indigent, crippled & deformed children in Ram-
sey county on donation of site; report to Leg. of 1907. 6§
'oS ch.78, 2$ Mr
c Minn. Designating 3 com'rs to consider advisability of establish-
ing state hospital for indigent, crippled & deformed children in Hen-
nepin county on donation of site; report to Leg. of 1907. 6§
'05 ch.203, 15 Ap
d Neb. Establishing State Hospital for Crippled, Ruptured & De-
formed Children, to be located at Lincoln in Home for Friendless;
organization & management; biennial report by bd to Gov.; appro-
priation. 8§ '05 ch.8o, 3 Ap
2177 State institutions
a Ct. Amdg. G.S.'o2 §2846 rel. to support of girls at State Indus-
trial School. i§ '05 ch.107, 25 My
b Kan. Soldiers' Orphans Home to admit other orphans up to ca-
pacity. i§ '05 ch.481, 3 Mr
c Or. Amdg. Ann. C. & S. §3599: appropriating $6000 [$2000] an-
nually for support of indigent orphans under 14; provisos. i§
'05 ch.135, 21 F
d Pa. Establishing Thaddeus Stevens Industrial & Reform School
for Indigent Orphans at Lancaster; organization & management;
$50,000. n§ *o5 ch.429, II My
2178 State Indian schools
a N. Y. Amdg. '9 5 ch.38 §1 : changing name of "Thomas Asylum for
Orphan & Destitute Indian Children" to "Thomas Indian School."
i§ ' '05 ch.67, 17 Mr
2i7g Local and private institutions
a Ct. Commitment of child to temporary home. 2§
'05 ch.194, 29 Je
b Kan. Amdg. G.S.'68 ch.79 §32 rel. to education of children in poor
asylums. i§ '05 ch.385, 18 F
c Wis. Amdg. '99 ch.34 §2, 6 rel. to homes for dependent children:
powers of trustees as to indenture or adoption. 2§
'oS ch.108, 22 Ap
2182 Placing out. Care of infants
a VI, Bd of Charities to appoint State Agent & 2 assistants to visit
children placed in family homes; removal; inspection of inst. 9§
'05 p.34, 13 My
b Mass. Amdg. R.L. ch. 81 §5, 7: pauper child over 2 [4] to be
placed by city or town in family or asylum; child may be kept in
almshouse if under 5 [8] & mother is inmate. 2§ '05 ch.303, 17 Ap
Deaf and dumb. Blind
CHARITIES az8a-88
c Neb. Regulating care of infants under 2 yrs: annual permit re-
quired if care given during childbirth, or infants boarded; receipt St
disposition of children; inspection of premises by health officer or
county physician; penalties. 3§ 'oS ch.99, 3 Ap
d N. y. Reports of child placed in family home to be sent to State
Board of Charities. Adds § 141a to poor law '96 ch.235. ij
*oS ch.273, 22 Ap
e Pa. Msdr. to buy or sell infant. i§ '05 ch.154, 18 Ap
3183 Defectives
For marriage of. irv 477
a Cal. Changing name of Deaf, Dumb & Blind Asyltun at Berkeley
to Cal. Inst for Deaf & Blind. Adds P.C. §2236; amds. §2237. 2§
*oS ch.382, 20 Mr
b Id. Rep.'9i p.226 §1, '99 p.162 §1 which appropriated $3000 an-
nually for education of deaf, dtunb & blind. 2§ '05 p.380, 6 Mr
c Nev. Amdg.'69 ch.s6 §1, 2, 4 rel. to state provision for education
of indigent blind , deaf or dumb at any Cal. inst . 3 § '05 ch. 1 47 , 2 4 Mr
d N. H. Amdg.'o3 ch.6s §1 rel. to annual appropriation for support
& education of [indigent] deaf, dumb & blind. i§ *oS ch.io6, 10 Mr
e N. D. County to pay $50 semiannually for each patient at Hos-
pital for Insane or Inst, for Feeble Minded ; i;;eimbursement of county
from parties responsible for support. 4§ '05 ch.76, 6 Mr
f Pa. Joint leg. committee of 8 to investigate capacity & condition
of inst. for defectives receiving state aid. *oS ch.146, 18 Ap
g Vt. Amdg. S. §856: annual appropriation of $20,000 [$i 1,000] for
benefit of defective children of indigent parents. i§ '04 ch.51, 14 N
h Wash. Changing name of State School for Defective Youth at
Vancouver to State School for the Deaf & Blind. 15
'oS ch.139, 9 Mr
i W. Va. Amdg. '04 ch. 2 3 §2,8, 10 rel. to West Virginia Asylum:
membership of bd of directors; admission. 3§ 'oS ch.66, 28 F
3x84 ^^ ^^^ dumb
a 111. School district may establish classes of 3 for deaf children
from 3 to 21; teachers' qualification. Rep. '9 7 p. 290. 4§
'OS p.373. 18 My
b Mich. Rev. '99 ch. 176 rel. to establishment of day schools for deaf.
7§ '05 ch.224, 16 Je
ai86 State institutions
a 111. Amdg, '75 p. 104 §1 : changing name of 111. Inst, for Education
of Deaf & Dumb to 111. School for Deaf. i§ '05 p.87, 13 My
b Ind. Amdg. '03 ch.217 §5-7 rel. to purchase of land for reloca-
tion of Inst, for Education of Deaf & Dumb. 3§ '05 ch.138, 6 Mr
ai88 Blind
a Ct. State Bd of Education for the Blind: report; membership;
inspection of Ct. Institute for the BUnd. 4§ '05 ch.66, 18 My
Insane
2188-98 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
b Mass. Extending time for report of com'n on registration & indus-
trial training of adult blind to Jan. 15, 1906. '05 r.i, 16 Ja
c Wis. "An act to further provide means of self-support to adult
blind artisans & means of instruction to those desiring to become
artisans. . " 4§ '05 ch.34S, 12 Je
a 191 State institutions
a 111. Amdg. '75 p. 104 §1 : changing name of 111. Inst, for Education
of the Blind to 111. School for Blind. i§ '05 p. 87, 13 My
2193 Insane
See also 60. State institutions; 446. Guardianship
a Fla. Com'n to be appointed to consider relocation of State Hospital
for Insane & improved methods of treatment; report to Leg. of 1907.
3§ 'o5ch.83, sje
b Mich. $5000 annual appropriation for maintaining at State Univ.
clinical laboratory for research in neural pathology. 9§
'oS ch.140, 2$ My
c N. Y. Amdg. insanity law '96 ch.S4S rel. to management of state
hospitals: abolishing bds of visitation & creating bds of managers;
[powers of managing bds vested by *o2 ch.26 in State Lunacy
Com'n]. 29 § '05 ch.490, 17 My
2198 State asylums
a Del. Limiting powers of bd of trustees of State Hospital at
Famhurst: erection of buildings prohibited; moneys received aside
from regular appropriation to be paid into state treasury quarterly.
4§ *o5 ch.i22, 21 Mr
b Id. Establishing Northern Idaho Insane Asylum : com'n to locate
site & award contracts; 40,000 acre land grant as permanent fund,
also $30,000 loan authorized; organization & management. i8§
'05 ch.196, 7 Mr
c Ind. Establishing Southeastern Hospital for Insane; com'n to
locate site & supervise construction; managing bd; $560,000. ii§
'oS ch.29, 21 F
d Me. Accepting conveyance from U. S. of Kennebec Arsenal prop-
erty to be used by Me. Insane Hospital at Augusta. 2§
'05 ch.i7S, 24 Mr
e Me. Trustees of insane hospitals may take possession of Widows'
Island & use for treatment of certain patients. 2§ '05 ch.176, 24 Mr
f Mass. Transfer of insane patients to Foxborough State Hospital.
i§ '05 ch.400, 12 My
g Okl. Establishing Okl. Hospital for Insane at Fort Supply Military
Reservation; organization & management; biennial report to Leg.
26§ '05 ch.2o art. I, i Mr
h S. D. Establishing Northeastern Hospital for the Insane at Water-
town; organization & management.
'05 ch.138, 2 Mr; 'OS ch.139. 8 Mr
i S. D. Amdg. P.C. I313: steward of hospital for insane to retain
$1000 from money received as incidental cash fund. 2§
'OS ch.i66. 8 Mr
CHARITIES
3199 Institutional boards, officers and employees
a Cal. Amdg. P.C. §215321 rel. to employment of woman physician
in State Hospital for Insane & Home for Feeble Minded Children;
qualifications of physicians & internes. i§ '05 ch.88, 7 Mr
b Me. Trustees of insane hospitals may appoint treasurer. Sup-
plements R. S. '03 ch. 144. i§ 'oS ch.130, 22 Mr
c N. D. Amdg. R.C.'qq §992 as to pay of resident officers of State
Hospital for Insane. 2§ '05 ch. 119, 13 Mr
3200 Local asylums and officers
a N. J. Bd of chosen freeholders may by f vote consolidate county
hospitals for insane. 4§ '05 ch. 60, 27 Mr
b Wis. Amdg. S.'98 §6o4a as to election, term & filling of vacancies
of trustees of county asylums for insane. i§ '05 ch. 141, 3 My
3201 Care outside of asylums
a Mass. Amdg. R.L. ch. 87 §102-5 rel. to family care for insane:
inst., public or private under supervision of State Bd of Insanity, may
place out harmless inmates [placing out only by bd]. 4§
'05 ch.458, 25 My
2203 Private asylums
a N. Y. Member of State Com'nin Lunacy or medical inspector may
visit private sanatorium to ascertain whether insane person is confined
unlawfully. Adds §7 a to insanity law '96 ch.545. i§
'05 ch.497, 17 My
2203 Support. Right of admission
See also 2151, Support of pauper
a Cal. Amdg. P.C. §2197 rel. to action by State Com'n of Lunacy
for support of patient. i§ '05 ch. 189, 18 Mr
b Ct. Amdg. G.S.'o2 §2779 ^e^- ^^ price for keeping insane pauper
& amount payable by state. i§ '05 ch.i86, 29 Je
c Mass. Amdg. R.L. ch.87 §53, 54 rel. to admission of voluntary
patients to insane hospitals. 2§ '05 ch.432, 22 My
d Mich. Amdg. '03 ch.217 §38: rate of charge for support of insane
at state inst. to be fixed annually by institutional board & Bd of
State Auditors. i§ '05 ch.221, 13 Jc
e Wash. Nonresident insane person to be sent home at state expense.
2§ . '05 ch.138, 9 Mr
f Wis. Amdg. S.'98 §6o4e, 6o4q rel. to support by husband of insane
wife committed to asylum; collection of costs. 2§ '05 ch.376, 14 Je
3204 State support
a Me. Amdg. R.S.*o3 ch.144 §24: expenses & compensation of
mun. officers caring for insane paid by state where no legal settle-
ment. i§ '05 ch.io, 15 F
b Me. Amdg. R.S.'o3 ch.144 §18 rel. to support by state of inmates
of hospitals for insane. i§ '05 ch.31, 28 F
aiOS-7 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
220$ Inquest. Commitment. Discharge
A Ari. Bd of Supervisors to pay physician $5 for exam, in insane
case by order of Probate Court. 2§ '05 ch. 2 7, 9 Mr
b Col. Amdg. G.S. '83 §2232: county atty. or special atty. appointed
by county judge to prosecute lunacy proceeding for state; guardian
ad litem of alleged lunatic may waive notice of exam. i§
'oS ch.123, 10 Ap
c Ct Laws concerning commitment of insane to hospital at Middle-
town to apply to Norwich Hospital & state hospitals hereafter estab-
lished. i§ *o5 ch.81, 19 My; '05 ch.ii6, 6 Je
d Ct. Amdg. G. S.'o2 §2740 rel. to selection of physicians examin-
ing as to sanity. i| *oS ch.102, 25 My
« Ct. Rev. law rel. to commitment of insane paupers. Rep. G.S. ' 02
§2742-43, '03 ch.i88. 9§ *oS ch.196, 29 Je
f Ct. State to pay cost of committing soldier, sailor or marine to
hospital for insane ; proviso. i§ '05 ch.229, 13 Jl
g Del. Admission of insane persons to State Hospital at Famhurst;
appointment of examining physicians. 4§ '05 ch. 121, 3 Ap
h Fla. Amdg. '9S ch.36 §4 as to commitment of insane to Florida
Hospital [Asylum] for Insane; proviso. i§ '05 ch.8s, 7 Je
i Mass. Amdg. R.L. ch.87 §39 rel. to application for commitment
of insane person or epileptic. i§ '05 ch.436, 23 My
j Mass. Amdg. R.L. ch.87 §49 rel. to expenses of commitment of
inmates of certain public insts. to inst. for insane. 2 § '05 ch.475, 26 My
. *k Minn. Deaf or dumb person examined for sanity shall have inter-
preter at expense of coimty. 2§ 'o5ch.47,i8Mr
:m Minn. Amdg. '89 ch.46 §277 rel. to fees in commitment of lunatic
to state inst. 2§ '05 ch.S7, 23 Mr
n Miim« Amdg. '93 ch.S §19: in county of 150,000 probate judge
may refer lunacy exam, to court com'r for full action. i§
'05 ch.85, 30 Mr
^ Or. Amdg. Ann. C. & S. §3619-20 rel. to commitment of idiots
& insane persons to asylum. 4§ '05 ch.z25, 21 P
2266 Transportation. Transfer
a N« J. Female attendant to accompany insane female transferred
from one state inst. to another. 2§ '05 ch.74, 30 Mr
2207 Discharge. Parole. Recommitment
a Ct. Court may revoke order of commitment of insane person to
asylum. Amds. G.S.*o2 §2741. i§ '05 ch.22S,6 Jl; *oS ch.253, 19 Jl
b Mass. Amdg. R.L. ch.87 §95: sup't or keeper of inst. for insane
may grant 6 mo. [60 days] leave of absence to patient in charge of
friends. i§ '05 ch. 43 5, 23 My
c Minn. Amdg. '97 ch.212 §2: patient of insane hospital found sane
after exam, to be discharged by bd of control [trustees] at their dis-
cretion [forthwith]. 2§ '05 ch.341, 19 Ap
d N. H. Amdg. P. S. ch.io §27: parole & recommitment of patients
of N. H. State Hospital. i§ '05 ch. loi, 10 Mr
EDUCATION
Elementary and secondarj
3ao8 Discipline
a Ct. Penalty for aiding escape of inmate of hospital or sanatorium
for insane. i§ '05 ch.iio, 6 Jl
2310 Epileptics
a Ct. Committee to be appointed to investigate methods of treat-
ment of epileptics; report to Leg. of 1907; $300. 3§
'05 special acts ch.4So, 18 Jl
b Mich. Removal of feeble-minded or epileptic from State Home.
Adds '93 ch.209 §30. I § *o5 ch.i2i, 17 My
3313 State asylums and colonies
a Ind. Establishing State Village for Epileptics: location of site;
organization & management ; $15 o ,000 . 2 2 § '05 ch. 1 59 , 6 Mr
b N. Y. Amdg. charities law '96 ch.546 §107 subdiv.ii rel. to autop-
sies at Craig Colony for Epileptics. i§ '05 ch. 458, 16 My
2215 Feeble-minded
5r# also 446, Guardianship
a N. H. Amdg. '01 ch.102 §1: female inmates of State School for
Feeble-minded Children may be detained after minority. 2§
'oS ch.23, 16 F
3318 state institutions
a Mass. Authorizing state refund to certain small towns for support
of certain feeble-minded paupers. Rep. R.L. ch.87 §81. 2§
'05 ch.282, 13 Ap
b N. D. Amdg. '03 ch. 108 §8, 12 rel. to Inst, for Feebleminded: fur-
nishing of transportation; reimbursement; compensation of bd of
trustees. 3§ *o5 ch.120, 16 Mr
c Or. State Bd of Public Building Com'rs to purchase site & plan
for Institute for Feeble Minded Children. 6§ '05 ch.i8i, 21 F
d R. I. Joint leg. committee appointed to consider feasibility of
erecting state school for feeble-minded children; report to Leg.; $500.
'05 r.93, II Ja; '05 r.94, 12 Ap
e Wash. Establishing State Inst, for Feeble Minded near Medical
Lake; abolishing feeble-minded dep't of State School for Defective
Youth; $62,500. ii§ '05 ch.70, 6 Mr
2220 Education. Science. Culture
See also 17x4(5. School savings banks; 2184. Deaf and dumb; ai88. Blind
aaaa Elementary and secondary education
a Cal. Amdg. P.C. §1532 rel. to duties of Sup't of Public Instruc-
tion. i§ 'oS ch.185. 18 Mr
b Fla. Schools: system of instruction to cover 12 yrs; grades; cur-
riculiun; state aid to high schools. i2§ '05 ch. 11, 20 My
c Me. Misc. amdts. to R.S.'o3 ch.15 rel. to education. i4§
'oS ch.48, II Mr
Elementary and secondary
3333-25 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
d Mich. Amdg.'Si ch.i64pt2 §14, pt3 §10, 22,23, P^ 4 §3 ^^^- ^o
schools: annual meeting of school district; tax levy; census; re-
ports to Sup't of Public Instruction. S§ '05 ch.36, 29 Mr
e Mich. Amdg.*8i ch.164 pt 1 §1, 3 rel. to duties of Sup't of Pub-
lic Instruction. 2§ '05 ch.72, 25 Ap
f Mich. Amdg.'Qi ch.147 §5, 6, 8, 10: teachers certificates; duties
of county com'r of schools. 4§ *o5 ch.148, i Je
g Minn. Bd of education in city of 50,000 forming special district
may regulate school matters within limits of charter. 2§
'05 ch.268, 18 Ap
h N. C. Misc. amdts. to '01 ch.4 rel. to public schools. 23 §
'05 ch.533. 6 Mr
i N. D. Amdg. R.C.'pQ §370, 652-53, 657, 695, 757. 759. 76i rel. to
education: county sup't of schools; grading & employment of teach-
ers; teachers institutes; compulsory attendance. 8§
'05 ch.ioo, 13 Mr
j Or. Compensation & duties of county school sup'ts in counties
having 20,000 children from 4 to 20 yrs of age; exam, of teachers;
institutes. 6§ *oS ch.3, 17 Ja
k Or. School laws enacted at 23d session to be compiled, annotated
& printed for distribution. '05 p.437, 16 F
m Or. Amdg. Ann.C. & S. §3390, '03 p.86 §1 rel. to local educational
meetings; officers; district consolidation. 6§ *o5ch.2io,22F
n Pa. Control, administration & support of public schools in city
of ist class. ii| *o5 ch.i86, 22 Ap
p Tex. Rev. R.C.S.'95 t.86 ch.7-16 rel. to public schools. i79§
'05 ch.124, 15 Ap
q Wash. Amdg. '97 ch.118 §23, 137, 141, 145, 175 rel. to appoint-
ment of assistant school sup'ts; temporary & special teachers cer-
tificate; apportionment of school fund; taxes. 5§ '05 ch.56, 3 Mr
r Wash. Amdg. '97 ch.118 §77-78, 92, 95, 97, 119-20 rel. to district
school elections; powers of bd of directors; sale of school bonds, fi
'05 ch.142, 9 Mr
8 Wis. Amdg. '03 ch. 37 §6 rel. to duties of State Sup't of Public
Instruction. 2§ '05 ch.241, 23 My
t Wis. Electors of school district to provide for additional room &
teacher on enrolment of 65 pupils in school of i room. 3§
'05 ch.2S6, 25 My
u Wis. School law applying to cities of ist class. 2i§
'05 ch.273, I Jc
3335 Meetings. Elections. Suffrage
a Cal. Amdg. P.C. §1883 as to marking of ballot in election for is-
suance of district school bonds. i§ '05 ch.196, 18 Mr
b Cal. Amdg. P.C. §1600 as to oath in swearing in challenged vote
in election for school trustee, ij '05 ch.362, 20 Mr
c Del. Reenacting '98 ch.67 §14 rel. to date of annual school meet-
ings in Kent & Sussex counties. Rep. '01 ch.114. i§
*o5 ch.9t, 13 Ap
Elementary and secondary
EDUCATION 2325-27
d HI. Amdg. '89 p.239 art.6 §8: bd of education may establish
voting precincts. i§ 'oS p.373, 12 My
e Kan. Amdg. '03 ch.426 §1 rel. to time for holding annual meet-
ing in school districts. 2§ '05 ch.380, 3 F
f Mich. Amdg. *97ch.i85: proceedings of annual school meetings
to be published by ist Man. tn Aug. [3d Mon. in Sep.]. 2§
*o5 ch.305, 17 Je
g Neb. Amdg. C.S.*o3 §5429: notices of special meetings of school
districts to be posted 1 5 days prior thereto ; notice. 2 §
'oS ch.130, 3 Ap
h N. D. Amdg. R.C.'99 §670, 674 rel. to date & notice of election
of school district officers. 2§ '05 ch.104, 7 Mr
i Okl. Amdg. S.'o3 §6149 rel. to notice of school meetings: 10
days* notice of annual or special meeting to be given by posting in
5 [3] public places. i§ '05 ch.33 art.3, 11 Mr
j Okl. Qualifications of electors of school officers in city of ist class;
school officers to be on separate ballots. 3§ '05 ch.9 art. 2, 13 Mr
k U. Amdg. R.S.'98 §1806, 1809 rel. to calling of meeting for cer-
tain school elections & canvass of votes. 2§ '05 ch. 69, 9 Mr
m Vt. Time for holding annual meeting of school district in town
having an incorporated school district. 2§ '04 ch.43, 9 D
3226 Voting qualifications
a Cal. Amdg. P.C. §1598 rel. to qualifications of electors voting for
school trustee. i§ '05 ch.361, 20 Mr
b Wy. Amdg. R.S.'99 §536: special school tax appropriation & dis-
trict bonding to be voted on only by holders of tax receipts, i §
'05 ch.68, 20 F
3337 Districts. Formation. Division. Consolidation
See also 3372, Consolidation of schools
a Cal. Amdg. P.C. §1577 rel. to formation of school districts.
'05 ch.344, 20 Mr
b Ct. Amdg. G.S.'o2 §2221 rel. to apportionment of property in
formation of joint school district. i§ *o5 ch.17, 19 Ap
• c Ct. Pa3rment of debts of joint school district; consolidated school
districts returning to district system to be the same district as for-
merly & liable for debts. 2§ *o5 ch.137, 15 Je
d Fla. Special school tax district, may be abolished, extended or
contracted by majority vote of electors ; proviso. 2 § '05 ch. 1 8 , 29 My
e Ga. County bd of education to divide county in school districts ;
vote on school tax; election of trustees. 9§ 'o5p.425,23 Ag
i Mich. Amdg. '95 ch.215 pt 32 §1 rel. to school district in city of
4th class. i§ '05 ch.io6, 10 My
g Minn. School district of 12 land sections with 2 incorporated
villages may be enlarged by inclusion of 12 additional sections. 3§
'05 ch.46, 16 Mr
h Minn. Amdg. '01 ch.371 §1: in counties of 225,000 & those ad-
joining, school district may be formed with $50,000 property valua-
tion & IS children; consolidation. 2§ '05 ch.183, 15 Ap
Elementary and secondary
2237-29 N. Y. STATE LIBRARY INDEX OP LEGISLATION 19OS
i N. Y. Amdg. school law '94 ch.556 t.8 §30 as to consolidation of
school districts, ij '05 ch.2S8, 21 Ap
j N. D. Amdg. R.C.*99 §786 rel. to annexation of outside territory
to special school district. i§ '05 ch. 99, 9 Mr
k Okl. Consolidation of school districts on i vote of residents of
each district. 9§ - '05 ch.33 art.i, 10 Mr
m Pa. Dividing school districts into 4 classes to correspond with
classification of cities. i§ '05 ch. 187, 22 Ap
n S. D. Independent school district located in city which has incor-
porated under gen. law to reorganize as city school district. 3§
'oS ch.ioi, 8 Mr
p S. D. Amdg. P.C. §2323 : county com'rs may organize one or more
congressional townships into i school district. i§ '05 ch. 102, 8 Mr
q Tex. Amdg. R.C.S.'95 art. 3938 as to alteration of school district
boundary. i§ '05 ch.88, 13 Ap
r IT. Creating county school districts of ist class on administrative
basis of 2d class city. 55 § '05 ch.107, 9 Mr
8 Wis. Amdg. 8.^98 §413 rel. to formation of school districts: un-
intentional omission to notify i of voters of purpose of meeting not
to invalidate notice. 2 J '05 ch.268, 25 My
2228 Officers. Boards
a S. D. Submitting amdt. to Const. 1889 art.9 §7 : Leg. may impose
additional qualifications for school sup'ts consistent with Const,
art. 7 §9. Vote Nov. 1906. i§ '05 ch.68
b U. Amdg. R.S.*98 §1778, 1781 rel. to biennial report of State
Sup't of Public Instruction & calling for annual [biennial] convention
of city & county sup'ts. 2§ '05 ch.78, 9 Mr
c Vt. Person engaged in traffic in intoxicating liquors ineligible for
office connected with management of schools; certain pharmacists
exempted. i§ '04 ch.48, i D; '04 ch.49, 10 D
d Wis. Amdg. S. '98 §704 as to salary, expenses & bond of county
& district school sup'ts. 3§ *oS ch.518, 17 Je
2229 State
a An. Amdg. R.S.*oi §2130 rel. to composition of Bd of Education.
i§ *oS ch.22, 4 Mr
b CaL Amdg. P.C. §515 rel. to appointment & salary of clerical
assistants to Sup't of Public Instruction. i§ '05 ch.198, 18 Mr
c Ct. Amdg. G.S.'o2 §4811: salary of chief clerk [clerk] of State
Bd of Education, $1800. i§ '05 ch.2Si, 19 Jl
d Neb. Amdg. C.S. '03 §819 : official bond of Deputy Sup't of Public
Instruction, $10,000. 2§ '05 ch.12, i Ap
c Nev. Sup't of Public Instruction may employ stenographer; $75
a mo. 2§ '05 ch. 1 10, 7 Mr
f N. H. Adding §11 to P.S. ch.94: Sup't of Public Instruction
allowed traveling expenses not to exceed $150 per annum, ij
•05 ch.58. 9 Mr
g N. Y. Amdg. '92 ch.378 §7: 6 [10] Regents of Univ. of State
of N. Y. to constitute quorum. i§ '05 ch. 161, 8 Ap
Elementary and secondary
EDUCATION 2229-31
h Pa. Sup't of PubHc Instruction may employ additional stenog-
rapher & tjrpewriter. ij '05 ch. 11, 2 Mr
i Wis. State Sup't of Education to appoint inspector of rural
schools; salary $2000. 3§ '05 ch.499, 20 Je
2230 County
a Del. Amdg. '98 ch.67 §5: salary of county school com'r $75 [$30]
a mo. i§ *o5 ch.88, 13 Ap
b 111. Amdg. '72 p.420 {27 rel. to salary of county sup't of schools.
ij *os p.260, 16 My
c Ind. Qualifications of county school sup't; salary $4.50 a day. 3§
'05 ch.163, 7 Mr
d Kan. Amdg. G.S.'oi §3028 rel. to compensation of coxmty sup't
of schools. 2§ '05 ch.229, 8 Mr
e Miim. Where salary of county sup't of schools is under $1400 he
may be allowed traveling expenses of not over $25o&$5o for holding
teachers institutes. 3§ 'o5ch.i82,i5 Ap
f Neb. Amdg. C.S.'o3 §5509: person eligible to office of county
sup't must hold ist grade covmty certificate in force at time of election;
county tmder looo excepted. 2§ 'o5ch.i34,4Ap
g N. J. Amdg. *o3 (2d ex. sess.) ch.i §23: salary of county sup't of
schools $2000 [$8 for each teacher; not less than $1300 nor over
$2000]. i§ '05 ch.269, 7 Ag
h Pa. Amdg. '03 ch.i66 §1, 2 rel. to annual meeting of county school
directors ; compensation $2 a day for attendance. 2§ '05 ch. 105, 10 Ap
1 U. Amdg. R.S.'98 §1785: county sup't to file reports of school
inspection with State Bd of Education. 1% '05 ch. 64, 9 Mr
j Wis. Residence in city of 3d or 4th class within school district no
disqualification for holding office of county sup't of schools. Adds
S.'98 §46icc. i§ '05 ch.46, 29 Mr
k Wis. Cotmty or district sup't of schools to call annual school
bd convention; allowance for attendance. Adds S.'98 §461 subdiv.9.
25 '05 ch.105, 22 Ap
2231 District, township and municipal
a Cal. Amdg. P.C. §1593 rel. to election of district school trustees.
1 5 'oS ch.54, 3 Mr
b Cal. Amdg. P.C. §1615 rel. to election of trustees of joint school
district. i§ '05 ch.58, 3 Mr
C Cal. Appointment & salary of clerk of school bd in certain districts.
Adds P.C. §iS76a. i§ 'oS ch.410, 20 Mr
d Ct. Amdg. G.S.'o2 §2215-16 rel. to number & election of town
school committee of consolidated district. 2% '05 ch. 9 7, 24 My
e Id. Amdg. '99 p.85 §82 : pay of clerk of school bd of independent
district. 2§ '05 p. 71, 21 F
f 111. Election & duties of inspectors of schools in certain districts.
Rep. '93 p.176. 6§ '05 p.381, 12 My
g Ind. Common council in city imder 50,000 to elect 3 school trus-
tees; proviso. 35 '05 ch.141, 6 Mr
Elementary and secondary
2231-33 N. Y. STATE LIBRARY INDEX OF LEGISLATION I90S
h Me. Amdg. R.S.'o3 ch.15 §40: towns having 20 [2 5] — 50 schools
may unite in employing sup't. i§ '05 ch.55, iS Mr
i Mass. "An act to reorganize school committee of Boston." 4§
'05 ch.349. 28 Ap
j Mich. Amdg. '95 ch.2is pt 32 $2 : annual election of trustees of bd
of education in city of 4th class to be on ist Mon. of July [ist
Tues. of Sep.]. i§ *o5 ch.231, 16 Je
k Minn. Sup't of special school district may be elected at any time.
2§ 'oS ch.251, 18 Ap
m N. J. Amdg. '03 (ex. sess.) ch.i §40 as to election of bd of educa-
tion in municipalities adopting art. 6 gen. school law '03 (ex. sess.). ch.i
15 . 'oS ch.38, 17 Mir
n N. D. Amdg. R.C.'99 §681 rel. to meetings of district school bds. i§
*o5 ch.io2, I Mr
p Okl. Amdg. S. '93 §5843: proceedings on failure of treasurer of
bd of education in city of ist class to make monthly report. 2§
'05 ch.33 art. 17, 25 P
q Pa. Borough or township school bd to elect sec. within 20 days
after organization. 2§ '05 ch.i 97, 22 Ap
r Pa. Amdg. '54 ch.6io §5 as to petition of city council to Court of
Common Pleas to increase membership of school bd to 3 for each
ward. i§ '05 ch.239, 4 My
s U. Amdg. R.S. '98 $1905: msdr. for member of bd of education
of city to receive more than his salary from school fund. 2§
'oS ch.40, 7 Mr
t Vt. Amdg. S. §615 as to filing of certificate of appointment of
town sup't of schools. i§ '04 ch.34, 16 N
u Wis. District school sup't to receive same salary as fixed by county
supervisors for coimty sup 't. i§ '05 ch. 252, 25 My
V Wis. Amdg. S. '98 §492 as to officers of free high school districts:
election in districts composed of i town & incorporated village. 2§
'oS ch.329, 12 Je
w Wis. Amdg. '03 ch.360 rel. to appointment, duties & qualifica-
tions of school sup'ts in cities other than ist class: membership of
school bd of education. 4§ '05 ch.388, 17 J©
X Wis. Amdg. '99 ch.317 §1 as to membership of school district
bds. i§ '05 ch.421, 19 Je
3233 Buildings. Grounds
a Kan. Bd of education in city of 2d class may issue $% bonds to
purchase sites or erect school buildings. Rep. G.S. '01 §6319. 2§
'05 ch.398, 8 Mr
b Mich. Amdg. '81 ch.i64pt8§i rel. to designating or changing
number of sites for schoolhouses. i§ *o5 ch.75, i My
c Mich. Amdg. '81 ch.164 pt6 §1 rel. to issuance of bonds for school
site or building by school district, i § '05 ch.270, 16 Je
d N. Y. City or village may insure state normal or training school
from loss by fire on refusal of state to do so. 2§ *o5 ch.252, 21 F
Elementary and secondary
EDUCATION 2233-36
€ Okl. Schoolhouse in district containing town or village may be
relocated on petition of § voters & by J vote. 2 §
'oS ch.33 art. 13, 13 Mr
f Or. "Authorizing district boundary bd of several counties . . .
to condemn lands for public school purposes." 2§ '05 ch.6i, 10 F
g S. C. County school bd to appropriate $50 for each $100 privately
subscribed, up to $300, to build schoolhouse. 6§ '05 ch.452, 22 F
h S. D. Officers of school district to plant & encourage planting of
shrubs & trees on school grounds by children, & where stock runs at
large to inclose with fence. 2§ 'o'5 ch.104, 31 Ja
i S. D. Amdg. P.C. §2386: 2 or more school districts consolidating,
may issue bonds to amount of $3000 for graded central school build-
ing; amount not to exceed 4% of assessed valuation. 2§
'05 ch.162, 28 F
j Tenn. Bd of education of city of Chattanooga to have manage-
ment of school buildings & grounds. 2§ *oS ch.388, 14 Ap
k Vt. Amdg. S. §816-17 rel. to appeal from location of land taken
by selectmen for school purposes or from award of damages. 2§
'04 ch.46, 28 O
m W. Va. Amdg. C. ch.45 $33 rel. to annual inspection of school-
houses Sc sites. i§ '05 ch.70, 18 F
n Wis. Amdg. S.*98 §475 rel. to loans for erection of school build-
ings. 2§ '05 ch.172, 8 My
p Wis. Electors of town free high school district to vote on pro-
viding & equipping school buildings after filing petition. i§
*oS ch.351, 12 Je
q Wis. School districts & bds of education may organize mutual
fire & tornado insurance co. to insure school buildings & contents.
i6§ 'oS ch.373, 14 Je
2234 PIaQS
a Pa. Detailed plans showing lighting, heating & ventilation to be
drawn for any school costing over ^4000; building rules. 4§
'oS ch.193, 22 Ap
2235 Sanitation
a U. Sanitary rules for outhouse on school grounds not connected
with sewer. i§ '05 ch.66, 9 Mr
b Vt. State Bd of Health may condemn unsanitary school building
or outhouse. 2§ '04 ch.44, 17 N
2236 United States flag
a N. M. Public school to own & display U. S. flag; Feb. 12 to be
celebrated as Flag day; daily flag salute. 4§ '05 ch. 48, 10 Mr
b Okl. Msdr. for city bd of education or school district bd not to
display U. S. flag in schoolhouse. 3§ '05 ch.33 art. 6, 10 Mr
School finance
2237-40 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
3237 General school finance
For finance of state educational institutions, see 2333
2239 State and local
2240 Funds. Lands. Taxes
See also 774, Public lands
a Fla. Annual appropriation of $18,047.01 for payment of interest
on state bonds held by educational funds of state as permanent in-
vestments. i§ 'oS ch.io6, 5 Je
b 111. Amdg. '89 p. 2 39 art. 7 §9 as to disposal of surplus of teachers
institute ftmd. 2§ '05 P.38S, 12 My
c Ind. Annual tax levy of 11. 6c on each $100 assessed valua-
tion of property for common school fund; apportionment. 9§
'oS ch.32, 24 F
d Kan. Amdg. '03 ch.74 rel. to exchange of permanent school ftmd
bonds. 2§ /05 ch.473, 4 Mr
e Kan. Amdg. G.S. '01 §7307-9, 731 1- 16 rel. to accounts & invest-
ment of permanent school, agricultural, normal & univ. funds.
i2§ , *o5 ch.472, 8 Mr
i Me. Amdg. R.S.'o3 ch.iS §97: appropriation for schools in un-
organized townships $7000 [$5000]. i§ *o5 ch.45, 8 Mr
g Mich. Amdg. *8i ch.164 pt 4 §14 rel. to assmt. of school tax. i§
'oS ch.i6, 15 Mr
h Minn. Amdg. '97 ch.83 §7 rel. to loan of permanent school or univ.
funds to county, municipality or school district. i§ '05 ch.8, 10 F
i Minn. Manner of paying state appropriations in aid of schools.
4§ '05 ch.142, II Ap
j Minn. Amdg. '99 ch. 352 §23, 25, 28 rel. to state aid to rural
schools. 3$ *o5 ch.296, 19 Ap
k Mon. Amdg. '01 p. 3 §1 rel. to special tax to repay certain school
loans. 2§ 'oS ch.2, 27 Ja
m N. J. Amdg. '03 ch.208 §24-26 as to rate of taxation for school &
gen. purposes. 3§ *oS ch.83, 3^ Mr
n N. M. Amdg. '99 ch.74 §30 rel. to preference rights of ex-U. S.
soldier, his heir or widow in leasing certain land reserved for schools.
i§ 'oS ch.90, 16 Mr
p N. M. Amdg. C.L.'97 §i534 rel. to levy of local school tax. 2§
'05 ch.109, 16 Mr
q N. Y. Amdg. state finance law '97 ch.413 §80 as to deficit or sur-
plus in educational funds. i§ • '05 ch.587, 19 My
r N. D. Amdg. R.C.'99 §185 rel. to publication of notices of sales
of school lands. i§ '05 p. 161, 6 Mr
s N. D. Referring to Leg. of 1907 amdt. to Const. 1889 §'5^ ^1-
to sale of school lands; provisos. i§ 'oS p.350, 6 Mr
t N. D. Amdg. R.C.*99 §180: salary of Com'r of Univ. & School.
Lands, $1800 [$1500]. i§ '05 ch. 127, 9 Mr
u Pa. State forest preserves subject to charge of 3c an acre for
schools & 2C for roads. 2§ *o5 ch.8i, 5 Ap
School finance
EDUCATION 2240-43
▼ S. D. Amdg. P.C. §385 rel. to issue of patent for school land sold.
2§ 'o5ch.i45. 4F
w S. D. Amdg. P.C. §369 rel. to action to be taken on failure of
lessee of school land to pay rental. Levy on judgment in action on .
school lands. 3§ '05 ch.i6o, 4 F
X Tenn. Amdg. '03 ch.105 §1: annual amount of surplus from state
treasury set aside for school purposes limited to $300,000; $50,000
to be expended in lengthening sessions to 6 mp. ; apportionment to
counties conditioned on additional tax levy of 2} mills. 9§
'05 ch.213, 8 Ap
y U. Where maximtmi tax of school district is less than $300, state
to supply deficiency. 3§ *o5 ch.121, 17 Mr
z Vt. Creating permanent common school fund with nucleus of
$240,000 received from U. S. on war claims. 8§ '04 ch.42, 9 D
zi W. Va. Amdg. '93 ch. 24 §6, 19 rel, to sale of lands for school fund:
proceedings for sale of forfeited, waste, unappropriated & escheated
lands. 2§ ' '05 ch.42, 23 F
Z2 Wis. Amdg. '01 ch.439 §9 ^^^' ^^ special state aid to graded schools :
town free high schools excepted. 2§ *o5 ch.289, i Je
Z3 Wis. Amdg. '01 ch.439 §10: $80,000 [$60,000] annually for state
aid to graded schools of ist & 2d class. i§ '05 ch.332, 10 Je
224Z Investment of funds
a Id. Submitting amdt. to Const. 1889 ^i^-Q §11 • school funds may
be invested in county, mun. or school district bonds or state warrants.
Vote Nov. 1906. 2§ '05 p. 438, 23 F
b Nev. Referring to Leg. of 1907 amdt. to Const. 1864 art. 11 §3:
school funds may be invested in bonds of any city or cotmty in U. S.
i§ '05 p.277, 13 Mr
c N. D. Amdg. Const. 1889 §162: school funds may be invested in
county, township or mun. bonds. Vote Nov. 1906. i§
'03 p.294, 24 F; 'oS p.349, 2 Mr
d N. D. Referring to Leg. of 1907 amdt. to Const. 1889 §162: school
fvmds may be invested in drainage bonds or bonds of states not having
repudiated indebtedness. i§ '05 ch.ioi, 25 F; '05 P.3S1, 25 F
e S. D. Amdg. P.C. §402 : school ftmds may be invested in township
bonds; loan on ist mortgage on farm land not to exceed $5000
[$1000] nor J [i] value of land. 2§ '05 ch.i6i, 24 Ja
2242 Apportionment
a Ari. Apportionment of school fund where district schoolhouse has
been destroyed. i§ '05 ch.66, 16 Mr
b Cal. Amdg. P.C. §1858 rel. to apportionment of school fimd. i§
'05 ch.64, 6 Mr
c S. C. Enrolment in night school to be counted in apportionment
of funds. 2§ '05 ch.483, 9 Mr
d Vt. Amdg. 'o2ch.3o§i: amount reserved from school tax for
distribution among towns raising higher percentage tax, $45,000
[$15,000]. i§ 'o4ch.4i, iD
School finance
2243-44 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
2243 Sectarian schools
a Or. Clerks of school districts to report number of resident children
between 4 & 20 as basis for apportionment of school fimds. i§
'05 ch.i2i, 18 F
2244 County, district and municipal
a Cal. Amdg. P.C. §1543 as to requisitions by county school sup't
for expenses; form of approval of demand. i§ '05 ch.402, 20 Mr
b Cal. Amdg. P.C. §1817-18, 1820 rel. to county & city & county
school tax. 3§ 'oS ch.468, 21 Mr
c Id. School district may issue warrants for payment of teachers
& other necessary expenses, total not exceeding 95% of income for
the yr; warrants to draw 7% interest. 5§ '05 p.93, 24 F
d Id. Amdg. '99 p.85 : annual financial statements to be made by
school district bds of trustees. 3§ '05 p.319, 10 Mr
e Ind. County com'rs may order expense of searching title or record-
ing mortgage of loan of school fund to be county charge. 4§
'oS ch.28, 21 F
f Ind. Amdg. '65ch.i §12 rel. to levy of special township school tax.
i§ '05 ch.162, 7 Mr
g Kan. Amdg. G.S. '01 §6127 as to power of district school meeting
to levy tax. 2§ '05 ch.381, 3 Mr
h Kan. Amdg. '76 ch.122 art. 11 §18 rel. to school tax in city of 2d
class. 2§ *oS ch.399, 9 Mr
i Minn. School district of 20,000-50,000 may levy tax of 9 mills.
i§ '05 ch.25, 2 Mr
j Mon. Amdg. P.C. §2000:. school library fund may be used for
current school expenses in certain cases. 2§ '05 ch.14, 14 F
k Neb. Amdg. C.S. '03 §5437: annual school district levy limited
to2i%. 2§ '05 ch. 131, 29 Mr
m Neb. County sup't to levy school tax on failure of voters to make
provision at annual district meeting; regulations. i§
•oS ch.143, 30 Mr
n N. H. Amdg. P.S. ch.88 §1 as to levy of town school tax. ij
*o5 ch.48, 8 Mr
p N. D. Deposit of city or school district funds. i8§
'05 ch.105, 16 Mr
q Okl. Amdg. S. '03 §6262: bd of education of city of ist class to
levy school tax of 20 [15] mills. 2§ *o5 ch.33 art.8, 15 Mr
r Pa. School district may sell property deeded to it by academy
which has received public funds; investment of proceeds. Supple-
ments '62 ch.466. 4§ '05 ch.38, 24 Mr
8 Pa. Amdg. '54 ch.6io §35 as to compensation of assessor for le\'y-
ing school tax on persons coming into district after regular assmt.
i§ '05 ch.90, 8 Ap
t Pa. Amdg. '95 ch.291 §3: library tax to be included in school tax
levy on same subjects of taxation. i§ '05 ch.167, 20 Ap
u Tenn. County trustees not to pay warrants issued for school sup-
plies by school district directors unless approved by County Court
& clerk of county. 4§ '05 ch.64, 17 Mr
Teachers
EDUCATION 2244-47
V U. Amdg. R.S. '98 §1815: school tax not to exceed } [i] of 1%;
voting additional funds for school books. i§ '05 ch. 83, 9 Mr
w W. Va. Amdg. C. ch.4S §38, 40 rel. to school levy for building &
teachers funds. 2| '05 ch.67, 15 F
X Wis. Amdg. S. '98 §776subdiv.i: additional 2% [i%] school tax
may be levied in town under township system of schools. i§
'05 ch.13, 17 Mr
y "Wis. Amdg. '99ch.i62: 3 voters [taxpayers] to be appointed at
annual school district meeting to audit accounts of school bds. 2§
'05 ch.78, 13 Ap
z Wis. Amdg. S. '98 §471 rel. to assmts. in joint school districts.
i§ 'OS ch.307, 5 Je
zi Wy. Amdg. R.S. '99 §531 %$ rel. to power of district school meet-
ing to vote money. i§ '05 ch.91, 21 F
2245 Debts
a Cal. "An act to provide for registration of bonds issued by com-
mon school, high school, or union high school districts." 2§
'05 ch.i2o, 18 Mr
b Fla. County school bd may borrow money for payment of school
warrants. 4§ '05 ch.19, i Je
c HI. Amdg. '01 p.294 §1,4 rel. to issue of school district bonds. 2§
'05 p.371, 30 Mr
d Kan. Amdg. G.S.'oi §6142: if bonded debt of disorganized school
district can be compromised new district may issue refunding bonds.
a§ 'oS ch.383, 22 F
e Kan. School bonds may be retired before maturity. i§
'05 ch.72, 7 Mr
f Minn. Amdg. G.S.'94 §3688: school district may issue bonds when
authorized by majority [i] vote of annual or special meeting, ij
'05 ch.272, 18 Ap
g Men. Amdg. P.C. §1961 rel. to issuance of school bonds. i§
'os ch.28, 21 F
h Reb. Amdg. Ann.S.'o3 §10823 as to school bonds in districts with
100-150 [200] children limited to $5000, districts with /50 [200] or
more children, to 10% of assessed valuation of district. 2§
•05 ch.138, 23 F
i Reb. Amdg. '79 p. 176 5^: school district may issue 6% [7%]. re-
funding bonds redeemable in 5 yrs from date of issuance. 2§
'05 ch.139, 30 Mr
j R. M. Amdg. C.L.'97 §1541 rel. to bonds for building schoolhouses.
i§ '05 ch.8i, IS Mr
k S. D. Amdg. P.C. §2424: bd of education may issue bonds to
fund any outstanding debt. i§ '05 ch.103, 2 Mr
2247 Teachers
a R. M. Teachers' licenses; exam.; temporary permits; county in-
stitutes. Amds.'oi ch.27 §2, '03 ch.119 §3, ch.i2o §1. 7§
'05 ch.73, 14 Mr
Teachers
2250-58 N. Y. STATE LIBRARY • INDEX OP LEGISLATION I90S
2250 Teachers associations
a Mass. Amdg. R.L. ch.40 §4 as to state bounty for county teach-
ers educational meeting. Rep. §5. 2§ 'oS ch.a6o, 5 Ap
b Mo. Amdg. R.S. '99 §9960: county com 'r may [shall] organize
coimty teachers' ass'n. i§ '05 p.301, 31 Mr
2253 Employment Pay
a N. H. Amdg. P.S. ch.9a §3,4: school bd tnay [shall] dismiss tm*
moral [unsuitable] teacher after fair hearing; teacher wrongfully dis-
missed may recover full salary. 2§ '05 ch.59, 9 Mr
b N. H. Amdg. '99 ch.77 §4 rel. to ntmiber of teachers in school
supervisory districts. i§ '05 ch.115, 10 Mr
c Okl. Amdg. S.'o3 §6187 rel. to employment of teachers: contracts
with district bd binding till legal discharge. i§
*o5 ch.33 art.2, 13 Mr
d Or. Public school teacher to give 30 days* written notice before
resigning; exceptions. i§ '05 ch.42, 9 F
e U. Amdg. R.S.'98 §1844 rel. to dismissal of teacher for failure to
attend teachers institute. i5 '05 ch.72, 9 Mr
2254 Salaries
a Del. Amdg. '98 ch.67 §27: teachers in unincorporated districts
may be paid $40 [$35] a mo. i§ '05 ch.89, 16 Mr
b W. Va. Amdg. C. ch.4S §6: increasing salaries of teachers, ij '
*oS ch.69, 21 F
2255 Pensions
a N. J. Appropriating $15,000 annually for expenses of bd of trus-
tees of teachers retirement fxmd. Supplements '03 (ex. sess.). ch.z
2§ '05 ch.9S, 3 Ap
b N. Y. Establishing pension fund for retired school teachers in city
of Rochester. io§ '05 ch.6o8, 25 My
2258 Qualifications
a Cal. Amdg. P.C. §1775 as to licensing of kindergarten teacher
without exam. i§ '05 ch.383, 20 Mr
b Fla. Amdg. '03 ch.99 §1: county school sup't may hold special
exam. & issue temporary certificate to teachers; proviso. 2§
*o5 ch.2o, 24 My
c 111. Rep. '89 p.239 art.6 §29 which allowed city of 30,000-100,000
to examine & license public school teachers. i§ '05 p.383, 12 My
d 111. Amdg. '89 p.239 art.7 §3- candidate for county teachers li-
cense to be examined in civics & 111. history. i§ '05 p.383, 12 My
f Kan. Amdg. '03 ch.42 5 §1 as to indorsement & acceptance of 2d
or 3d grade county teachers certificate in another county. 2§
*oS ch.393, 25 F
g Kan. Amdg. '03 ch.42 4 §1 : prof essional certificate to qualify person
as member of county bd of examiners. 2§ '05 ch.390, 3 Mr
BDUCATION ^^5^59
h Kmn. Teachers license may be revoked by authority which granted
it for cause which would have justified withholding at time of issue.
i§ 'oS ch.392, 7 Mr
i Kan. Amdg. '03 ch.424 §2 rel. to county exam, for teachers cer-
tificates. S§ '05 ch.391, 9 Mr
j Mich. Amdg. 'oz ch.i66 Jz, 2 rel. to qualifications of kindei^ar-
ten, music & drawing teachers. Adds §3. 3§ '05 ch.24, 20 Mr
k Mich. Amdg. '91 ch. 147 $4 rel. to dates for holding teachers
exam, in the several counties. i§ '05 ch.99, 10 My
m Minn. Teacher to file certificate with sup't of county employ-
ing. 2$ '©5 ch.137, II Ap
n Men. Amdg. P.C. §1912: public school teacher must be citizen
or have taken out ist papers. 3§ 'oS ch.77, 3 Mr
p Hcb. Rev. law regulating certification of teachers. Rep. Ann.S.*o3
jiiiii-iS, 11139-40; amds. §11180. 2o§ *oS ch.135, 30 Mr
q Hev. Amdg. '93 ch.92 §1: exam, for teachers license to continue
not more than 4 [3] days. i§ '05 ch.43, 7 Mr
r . H. D. Amdg. R.C. '99 §737-39f 741-42, 744 rel- to teachers certi-
ficates. 6§ '05 ch.107, 13 Mr
8 OkL Amdg. S. '03 §6203 as to time of holding teachers exam. 2§
'05 ch.33 art.s, 10 Mr
t OkL Amdg. S.'93 §3404 rel. to teachers certificates: exam, to be
held annually at normal schools [Biter 22 weeks attendance at State
Normal School]; certificate valid in coimty where school is located;
diploma of normal school to be life certificate to teach in any school. 2 §
•05 ch.2S art. I, 15 Mr
u S. D. Amdg. P.C. J2294 rel. to validity of teachers certificates;
qualifications. 2§ '05 ch.ioo, 10 Mr
V 8. D. Amdg. P.C. §2284-90 rel. to teachers certificates; exam.;
credentials; fees. 8§ '05 ch.99, 11 Mr
w U. Exam. & licensing of county school teachers. Rep. R.S. '98
§1794-98. 8§ *o5ch.7i,9Mr
z Vt "An act rel. to special teachers certificates." i§
'04 ch.33, 30 N
y Vt Sup*t of education may act temporarily as examiner of teach-
ers in certain cases. i§ 'o4ch.3i, iD
z Vt Permits to teach in town public schools. Supplements S. §662.
4§ '04 ch.35, 8 D
zi Wis. Rep. S. '98 §46ie-f, 46 ih, 46 ij & amdg. §46ig: abolishing
teachers exam, fee, $1. 2§ '05 ch. 5 2, 29 Mr
Z2 Wis. Teachers certificates. Adds S. '98 §458i-l. 5§
'05 ch.23i', 22 My
Z3 Wis. Amdg. '03 ch.222 rel. to renewal of certificates of primary
teachers without exam. 2§ '05 ch.248, 25 My
2259 State credentials
a Id. Certain graduates of State Univ. to receive state teachers cer-
tificate. 3§ '05p.169.8Mr
Ttodien
^5(h66 >^, Y. STATE LIBRARY INDEX OP LEGISLATION I905
b Id. Amdg. '99 p.85 §4 rel. to awarding of state certificates & di-
plomas: certificate to be granted only to applicant holding a valid ist
grade county certificate ; diploma, only to one holding valid state cer-
tificate; fees. i§ '05 p.83. 9 Mr
c . III. Amdg. '89 p.239 art. 7 §2, 7 rel. to state teachers license. 2§
'05 p.384, 12 My
d Kan. Teacher must register state certificate in county or city
where employed. 7§ '05 ch.394, 25 F
2263 Institutes
a Cal. Amdg. P.C. §1560 as to joint teachers institute. i§
'05 ch.57, 3 Mr
b Cal. Amdg. P.C. §1564 rel. to expenses of teachers institute.. i§
'oS ch.148. 18 Mr
c Men. Amdg. P.C. §1903 rel. to county teachers institutes & clos-
ing of schools during sessions. 3§ '05 ch.6o, 2 Mr
d Okl. Amdg. S. '03 §6292: coimty com'rs on recommendation of
county sup't to allow $100 for expenses of county normal institute, i §
'05 ch.33 art. 10, 4 Mr
e Pa. City teachers institute to be held any 5 days or 10 half days
during term at pleasure of sup*t of schools. i§ - '05 ch.164, 20 Ap
f Tenn. Amdg. '73 ch.25 §7: schools in county may be suspended
I day a yr for attendance at teachers conference without deduction
of salary. i§ '05 ch.io, 30 Ja
g Wis. Teachers county institute fund ; certification of institute con-
ductor; distribution of fund. 6| '05 ch.476, 20 Je
2264 Training classes
a Mich. Amdg. '03 ch.241 §3-6 rel. to county normal training
classes. 4§ '05 ch.20, 16 Mr
b Wis. Amdg. '03 ch.338 §5,6: state aid to county training schools
for teachers; limited to 12 [8] schools approved by State Sup't; $JSoo
[$2000] for each school yr; certificates to graduates. 3§
*o5 ch.509, 20 Je
2266 Normal schools
a Cal. Amdg. P.C. §1489: normal school trustees to establish model
kindergarten at their discretion; report to SupH of Public Instruct
tionlGov.]. i§ '05 ch. 31,28?
b Del. Amdg. '03 ch.341 §2 rel. to scholarships at state normal
schools: each county school com'r may select scholar resident in state
[own county] on approval of sup't of public schools in county of resi-
dence. i§ *o5 ch.90, 20 Mr
c Id. Amdg. '99 p. 2 28 §2 rel. to appointment of bd of trustees of
State Normal School at Albion. i§ 'o5p.i29,27P
d 111. Apportionment of scholarships for state normal schools; reg-
istration & exam, of applicants. Rep '95 p. 69 §13; '99 p. 7 2 §13. 5§
'oS p.379. " My
- ' - EDUCATION- . • :
e Kan. Bd of regents of State Normal School to prescribe 3 yr course
for training of teachers; licenses. 3§ *o5 ch.388, 4 Mr
f Me. Amdg, R.S. '03 ch.15 §113: 8 [7] trustees, State Normal
School; 6 [5] appointed by Gov. i§ '05 ch.ii, 16 F
g Me. Amdg. '03 ch.223 §1 private laws: change of name of Aroo-
stock Sto^ [County] Normal School. i§
'05 private laws, ch.313, 21 Mr
h Minn. Normal schools to be under control of StcUe Mortnal Schjol
Bd [Bd of Control of State Inst.]. 8§ *o5 ch.119, 7 Ap
i Minn. Establishing dep't of pedagogy at State Univ. i§
'05 ch.i2o, 7 Ap
j Mo. Establishing Fourth District Normal School in southwest Mo.
8§ '05 p.297, 17 Mr
k Mo. Establishing Fifth District Normal School in northwest Mo.
8§ *o5 p.299, 25 Mr
m Tenn. $250,000 toward maintenance of George Peabody College
for Teachers to be established at Nashville; provisos. 3§
*o5 ch.2ii, 8 Ap
n Vt. Amdg. '98 ch. 2 2 §6: annual appropriation to each state normal
school $7500 [$5Soo]. i§ '04 ch.32, I D
p Wash. . Amdg. '97 ch.118 §215, 220-23 rel. to normal schools. 5§
•05 ch.85, 6 Mr
q Wis. Provision for establishing State Normal School at La Crosse ;
$10,000 for site. 2§ '05 ch.i2i, 26 Ap
r Wis. Amdg. S. '98 §393, 395, 398, 401 rel. to bd of regents of nor-
mal schools. 4§ '05 ch.i68, 3. My
2267 Attendance
a Vt. Amdg. S. §717 rel. to town aid of child kept from school
because of insufficient clothing. i§ '04 ch.40, 6 D
Colored pupils, tee 2246
2270 Compulsory attendance. Truancy
See also aii8. Employment (children)
a Cal. Amdg.' '03 ch,2 7o §1 rel. to compulsory school attendance.
i§ '05 ch.333, 20 Mr
b Ct. Amdg. 'o3ch.29: enforcement of school attendance by State
Bd of Education. i§ '05 ch.36, 2 My
c Kan. Comptdsory school attendance of deaf or dumb minor from
7-21. 3§ 'oS ch.384. 9 Mr
d Mass. Amdg. R.L. ch.44 §1: children from 14-16 unable to
read & write simple English sentences to attend public school, ij
'05 ch.320, 21 Ap
e Mich. Rev. '95 ch.95 rel. to compulsory education. 7§
*o5 ch.2oo, 13 Je
f Minn. Amdg. '99ch.2 26§i: compulsory school attendance from
8-/1^ [16]. i§ '05 ch.265, 18 Ap
N. Y. STATE LIBRARY INDEX OP LEGISLATION 1 905
g Mo. Compulsory school attendance at least half time; exceptions;
truant & reform schools; attendance officers; prohibiting employ-
ment of child during school hours. 9§ *o5 p.146, 11 Ap
h Neb. Minor amdt. to Ann.S. '03 §11293 rel. to compulsory school
attendance. 2§ '05 ch.140, 3 Ap
i Neb. Amdg. C.S. '03 §5783 rel. to truant officers: bds of educa-
tion in cities 6* metropolitan cities shall appoint z or more officers;
prosecution in school districts, other than city & metropolitan city
districts; fines. 2§ '05 ch.141, 4 Ap
j N. J. Amdg. '03 (ex. sess.) ch.i §153, 158 rel. to compulsory school
attendance: dutjiis of truant officer. 2§ '05 ch.i8o, 20 Ap
k N. J. District bd of education may pay magistrates fee of 50c for
warrant against parents of truant. Supplements '03 (ex. sess.)ch.z .
i§ *oS ch.i88, 20 Ap
m N. Y. Amdg. school law '94 ch.556 t.i6 §5, 7, 9-10 rel. to employ-
ment of children; attendance officers; truant schools & withholding
money by Com'r of Education. 4§ '05 ch. 2 80, 22 Ap
n N. Y. Amdg. school law '94 ch.S56 1. 16 §8 : truant officer n^ay enter
factory or mercantile house during business hrs to examine certificates
of children employed. i§ '05 ch. 311, 22 Ap
p N. C. Compulsory .school attendance of Indians from 7—17
residing on Cherokee reservation. 5§ '05 ch.213, 17 P
q Or. Compulsory attendance of certain children at school furnish-
ing tuition, lodging, food & clothing at U. S. expense. 9§
'05 ch.202, 22 F
r Tenn." Compulsory school attendance law for Union & Claiborne
counties. io§ *o5 ch.483, 17 Ap
■ U. Amdg. R.S. '98 §1916, 1962-63: child from 8-1(5 [14] to at-
tend school: 30 weeks a yr in cities of isi & 2d class; associate
examiners. 3§ '05 ch.95, 9 Mr
t Vt. Amdg. S. §711, 716 rel. to school attendance & truancy. 2§
*o4 ch.39, I D
u Vt. Amdg. S. §710 rel. to appointment of truant officers. i§
'04 ch. 38, 6 D
T Wash. Compulsory school attendance from 8—1$; exceptions;
prohibiting employment of child during school term; attendance
officers; commitment to reform school. i2§ *o5 ch.162, 11 Mr
W W. Va. Compulsory attendance in school district of Wheeling.
Adds §32 to '72 ch. 1 1. i§ 'oS ch.32, 11 F
X Wis. Compulsory attendance of pupils at schools on U. S. reser-
vations. 5§ '05 ch.330, 10 Jc
2272 Place of attendance. Conveyance of pupils. Consolidation of
schools
Set also a a 37, Districts
a Id. Amdg. '99 p.85 §5: pupil may attend school in district having
nearest school building. i§ '05 p. 2 18, 9 Mr
EDUCATIOM
b Kan. Amdg. G.S. 'oi §6132-33: district school bd may arrange
for attendance at school in another district at total cost of $45 [$25]
annually; child of property owner free. 3§ '05 ch.386, 8 Mr
c Mass. Amdg. R.L. ch.44 §4 rel. to recovery by city or town of
tuition from nonresident parent sending child to public school. i§
'OS ch.375, 5 My
d Minn. "An act to provide optional plan for counties to consolidate
rural schools . . . organization & gov't . . . transportation of pupils
at public expense." ii§ '05 ch.326, 19 Ap
e Mo. Children in public inst. in city of 100,000 may be educated
in public school. i§ '05 p.301, 13 Mr
f Okl. Transfers of students from one school district to another
may be made for period not exceeding i yr. 1 1 §
'05 ch.33 art.14, 13 F
g Tex. Amdg. R.C.S. '95 art.3993b: children of legislators deemed
residents of capital city for purpose of attending school. i§
'05 ch.40, 24 Mr
h Vt. Amdg. S. §685 as to decision by referees on appeal by inter-
'osted- party sfwQ tmsatiqC^ietpcy provjsiqfi for ^ho&l- accomitiodations
& for transportation of pupils. 2§ 'o5ch.36,8D
i Wis. School bd on vote taken at district meeting may levy tax
for transportation of pupils to & from school & pa)rment of tuition;
3 yr contracts. Adds S '98 §430 subdiv.20. 4§ '0$ ch.S4, 29 Mr
aa74 School census
a Mich. Amdg. '81 ch.i64pt 3 S2 2a rel. to penalty for giving false
information for school census. i§ '05 ch.208, 13 Je
b Hev. Amdg. '65 ch.i4S §32 subdiv.3 rel. to form & approval of
school census report. i§ '05 ch.45, 2 Mr
e H. H. Amdg. '95ch.46§i: annual enumeration of children be-
tween 5 & 16 to be made in Sep, [Oct.]. i§ '65 ch.91, 10 Mr
d H. M. Compensation of school census taker; penalty for false
enumeration. 3§ '05 ch.23, 2 Mr
a H. D. Amdg. R.C. '99 §707 rel. to annual school census: names,
age & addresses of deaf & dumb, blind & feeble-minded children from
5-25; separate reports to sup't of several state institutions for
defectives. i§ '05 ch. 103, 13 Mr
f S. D. Amdg. P.C. §396 rel. ta school envuneration forming basis
for apportioning school funds; pupils of model & state schools ex-
cluded in enimicration. i§ '05 ch.158, 7 Mr
g S. D. Clerk of school district to take annual census of children
from 6—21 & file with county sup't before ist Mon. in June as basis
for apportionment of school fund. 6§ '05 ch.64, 8 Mr
3375 School year, month, day
a Fla. School with average attendance of 80% to receive state aid
to extend school term 2 mo.; proviso. 4§ '05 ch.io, i My
Imrietiltiin
^75-38 N. Y. STATE LIBRARY INDEX 'OP LEGISLATION I905
b Fla. Amdg. '93 ch.82 §3 : county school failing to make up lost
time of school term within next school yr to forfeit financial appor-
tionment. 2§ *oS ch.is, 31 My
2277 Students. Discipline
2280 Fire drills
a Vt. Monthly fire drills to be held in every school of So pupils;
notice to teachers; penalty. 4§ '04 ch.47, 14 N
2281 Physical condition. Medical inspection
a Vt. Sight & hearing of school children to be tested annually &
^parents of defectives notified. a§ '04 ch.45, 17 N
2282 Textbooks. Supplies
Se0 also 3360, School libraries
a Cal. State Textbook Committee to appoint a sec.; salary $2500.
Adds P.C. §i874a. 2§ '05 ch.sSa, 22 Mr
b Ind. Amdg. '93 ch.93 §13 rel. to revision of public school text-
books; contracts. 2§ '05 ch. 9 5, 4 Mr
c Mo. Rep. R.S. '99 §9969-82 : schoolbook com 'n, abolished. i§
'05 p.302, 10 Ap
d R. C. State Bd of Education may spend $5000 a yr to encourage
& procure control of publication of books on history, literature &
gov't of state for use in public schools. 2§ '05 ch. 7 07, 4 Mr
e Okl. Regulating sale of schoolbooks & supplies. 1 1 §
'05 ch.33 art. 1 1, 4 Mr
f S. C. County school sup't to select suitable depository for text-
books. I§ '05 Ch.441, 22 P
g Wis. Amdg. S. '98 §440 rel. to choice of textbooks in district
schools. 2§ '05 ch.443, 19 Je
2283 Pi'^® textbooks
a Ct Towns to vote in 1905 as to free textbooks & school supplies.
i§ '05 ch.174, 29 Je
2288 Curriculum
a Ari. Amdg. '03 ch.46 §1 : any school district [1000 pupils] may em-
ploy teachers of drawing & music. 2§ '05 ch.12, 21 P
b Kan. Amdg. G.S. '01 §6214: State Bd of Education to prescribe
course of study for normal institutes & public schools. 2§
'oS ch.387. 7 Mr
c Okl. Children in public schools to be taught ethics & humane
treatment of animals & birds; vivisection prohibited. 6§
*o5 ch.33 art. 12, 4 Mr
d ,0r. Providing for uniform 8th grade exam, for pupils who have
followed state course of study. 6§ *oS ch. 75, 13 P
High schools and academiiM
EDUCATION a3oa-a7
2302 Humane treatment of animals
a N. D. Humane treatment of animals to be taught in public schools.
a§ '05 ch.108, 6 Mr
b Pa. ^ hr a week during ist 4 yrs of public school instruction
to be devoted to teaching kindness to birds & animals; demonstra-
tions in physiology with living subject forbidden. 3§
*o5 ch.41, 27 Mr
2308 Physical culture
a Pa. Amdg. '8$ ch.i4S §1: city of 2d or 3d class may establish
school for training in mechanic arts cS* tn athletics, i§
'oS ch.36, 24 Mr
2310 Physiology. Alcohol. Narcotics
a N. D. Amdg. R.C.'gg §648, 750 rel. to nature & effect of alcoholic
drinks & other narcotics to be taught in schools. 2 § '05 ch. 1 06, 13 Mr
b S. D. Systematic instruction in effects of alcoholic drinks & nar-
cotics to be given in all grades of public schools ; to be included in
exam, for teachers license; textbooks. 5§ '05 ch.105, 6 Mr
Trades and manual training
See 2550
23x6 Special kinds of schools
See also 3184. Deaf and dumb; axS8. Blind; 3366, Normal schools; 334a, Pro-
fessional and technical education
232 z Kindergarten
a Fla. Establishment of kindergarten connected with public school
where 25 pupils guaranteed; teacher to be training school graduate.
4§ *o5 ch.i6, 31 My
2323 Lectures. University extension
a Ind. Mun. park b4 may permit use of public park 30 days an-
nually for Chautauqua assembly. i§ '05 ch.77, 3 Mr
b Mass. Boston may establish a "Franklin Union" similar to
"Cooper Union" N. Y. 2§ '05 ch.448, 24 My
c Wis. Amdg. 'oich.336 §1: city bd of school directors or bd of
education" may provide for free evening lectures on natural sciences,
historical, literary & other educational topics in school, library or other
places. 4§ '05 ch.125, 29 Ap
2327 High schools and academies
a Dl. Amdg. '89 p. 239 art.3 §38 as to high school districts in cer-
tain townships divided by navigable stream. i§ '05 p.386, 29 Ap
b 111. Organization of high school district. 8§ '05 p.374, 12 My
c Ind. Amdg. '89ch.222 §1: com'rs in county under 25,000 to ac-
cept gift of $20,000 [$30,000] for high school. i§ '05 ch.i6, 17 F
d Kan. City of 2d class may charge high school tuition fee. '89
ch.224, 2 Mr. Unconst. "Common schools'* as used in Const, art.6
§2 means free schools. Bd of Education v. Dick 78 P. 812 (1904).
c Kan. Maintenance & regulation of high school in city under 16,000.
io§ '05 ch.397, 25 F
education
83^7-3* N. y. STATE LIBRARY INDEX OP LEGISLATION 1905
f Kan. Amdg. '86ch.i47 §11: high school courses to be 4 [3] yrs;
collegiate course to fit for college dep't of State Univ. a§
•05 ch.389, 7 Mr
g N. H. Amdg. '01 ch.96 §4 as to definition of "high school" &
"academy." i§ '05 ch.19, 15 F
h N. H. High schools discontinued or relocated only by Superior
Court on petition and notice. i§ '05 ch.ao, 1$ P
i N. H. Town having high school must appropriate sufficient to
maintain it. i§ '05 ch.73, 9 Mr
j N. H. Amdg. *oi ch.96 §6: school district may contract for tuition
in academy, high school or other literary inst, in the state. 2$
'05 ch.90, 10 Mr
k Pa. "Permitting children, residing in school districts in which no
public high school is maintained, to attend high school in some other
district, located near their homes; providing for payment of cost of
tuition & schoolbooks. " i§ '05 ch.33, 16 Mr
m Vt. Every town [of 25,000] shall maintain high school or other-
wise provide higher instruction at cost not exceeding $24 per annum
for each pupfl) proportion of fees paid by state. Rep. S. {701—2 & '02
ch.27. 6§ '04 ch.37, 29 N
n Wis. Establishment of joint free high school district to be sub-
mitted to vote on petition by 10% of electors. Adds S.'98 $49x0.
i§ *oS ch.174, 8 My
p Wis. Amdg. S.'98 §490 as to notice of election for voting on es-
tablishing free high schools in district containing incorporated vil-
lage. i§ '05 ch.258, 25 My
q Wy. "An act to provide free high school districts, and . . .
schools therein, and to provide for their maintenance." 29}
'05 ch.67, 20 P
2328 State aid
a Cal. High school ftmd: annual tax amounting to $15 a pupil; \
apportioned irrespective of attendance, rest pro rata; condition of state
aid. Rep. '03 ch.6o. i2§ '05 ch.65, 6 Mr
b Minn. Amdg. '99 ch.3S2 §10: not over p [7] high schools in county
to receive state aid. i§ '05 di.^20^ 19 Ap
c N. H. Amdg. '01 ch.96 {3 : annual state appropriation for high
school tuition $8000 [$5000]. ij '0$ ch.89, 10 Bir
d N. D. Amdg. R.C.'99 {870-71 rel. to annual apportionment pf
state aid to high schools: $800 [$400] to school maintaining 4 yrs
course, ^doo [$300] for 3 yrs course; repealing provision for school
with 2 yrs course; $25,000 [$10,000] annual aggregate appropriation.
2§ '05 ch.24, 1$ Mr
2330 Higher education
2332 State institutions (general)
a Fla. State educational inst. : Univ. of Fla. at Lake City, Fla. State
College at Tallahassee, White Normal School at De Puniak Springs,
East Fla. Seminary at Gainesville, & Fla. Agricultural Institute in
Osceola county abolished; Univ. of Fla., Fla. Female CoSege estab-
Higher •duc&tion
EDUCATION 2332-38
lished; Colored Normal School & Institute for Blind, Deaf & Dumb
reorganized; management; control of property & funds; reports.
Amds. R»S.*92 §369-71, 277 & rep. sundry laws. 4o§ *o5 ch. 13,5 Je
b Minn. Bd of regents to control State Univ. [Bd of Control of
State Inst.] 8§ '05 ch.izp, 7 Ap
c Hev. Amdg. '87 ch.37 J a rel. to election of regents of State Univ.
i§ 'oS ch.88, 16 Mr
d Pa. "To reorganize Bd of Trustees of Pa. State College." 4$
'oS ch.3S, 24 Mr
e U. Com'n to be appointed to consider advisability of consolidat-
ing Univ. of U. & Agricultural College of U.; $1000. 5§
'oS ch.104, 9 Mr
f U. A-mdg. R.S. '98 §2292 rel. to course of study in State Univ. i§
'oS ch.133, 20 Mr
g Wash. Changing name of Wash. Agricultural College Experiment
Station & School of Science to State College of Wash. 3$
'05 ch.S3, 2 Mr
h Wy. Amdg. R.S. '99 §1833: tax | [J] mill for support of State
.- Univ. 1 1 'oS ch.S7, 20 F
3333 Finance. Lands. Support
S§9 alio 774> Public lands; aa37> School finance
a Minn. State Univ. may accept gift or devise or not less than $50,-
000 for endowed professorship. 2§ '05 ch.187, 15 Ap
b Neb. Granting to State Univ. power to acquire by condemnation
lands necessary for Univ. ; proceedings; appeal. 6§
'05 ch.iS8, 27 Mr
c Wis. Amdg. S. '98 §390 : State Univ. : annual tax of -| of mill [not
amoimting to over $289,000] to be levied for ftmd income; loans;
$200,000 annually for 3 yrs for building & equipment ; new schools &
colleges not to be estabHshed without authorization of Leg. 3§
'05 ch.320, 8 Je
2335 Admission. Scholarships. Tuition
a Dl. Apportionment of scholarships for Univ. of lU.; registration
& exam, of applicants. Rep. '95 p.325. 7$ '05 p. 380, 12 My
b Kan. Regulating fees at State Univ. '05 ch.31, 4 Mr
c Mass. Appropriating $10,000 [$6000] annually for state scholar-
ships at Worcester Polytechnic Inst. Rep. '99 ch.157. 4§
'05 ch.109, 24 P
d Vt. Each state senator to nominate annually for 10 yrs 2 residents
of his county as principal & alternate for scholarship ^t Norwich Univ.;
vacancies; appropriation $25,000 per anntun. 5§ '05 ch.52, 9 D
3337 Private institutions
5m also 589. Corporations not for profit; 81 a, Exemptions from senersl property
tax
3338 Trustees. Boards
a Ind. After Jan. i, 1907 college or tmiv. by vote of majority of
stock may provide that ^ directors belong to certain denomination.
i§ 'o5ch.83,3Mr
Profeasional and technical
3338-50 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
b Mich. Graduates of degree-giving inst. may vote by mail for trus-
tees or members of governing bds. i J *o5 ch.86, 3 My
3342 Professional and technical education
^ For examination and licensing s9e 591 • Practice of law; 944. Medicine; 948, Den-
tistry; 949, Pharmacy; 1588, Veterinary practice. See also aa66, Normal schooli
3343 Agricultural
See also i8a8. Agricultural experiment stations: z8a9. Farmers institutes, reading
coiirses. lectures
a Minn. County may appropriate $20,000 annually for schools of
agric. & domestic economy; joint schools; state aid. ii§
'oS ch.314, 19 Ap
b Wis. Amdg. S.'pS §447: elements of agric. to be taught in dis-
trict schools. 2§ *o5 ch.158, 3 My
2344 Colleges
a Ct Amdg. '03 ch.170 §2 as to payment of income of agric. college
fund. i§ 'oS ch.74. 18 My
b Minn. Establishing School of Agric. at Crookston as branch of
State Univ. i§ . '05 ch.132, 11 Ap
c N. J. "An act to provide for short courses in practical & scientific
agric. in State Agric. College"; $24,000 & $6500 annually. 5§
'oS ch.55, 2$ Mr
d R. J. Amdg. '90 ch.ioS §1, 3-4 rel. to scholarships at State Agric.
College. 3§ 'oS ch.90, 31 Mr
e U. Amdg. R.S. '98 §2087 rel. to course of study in Agric.
College. i§ '05 ch.134, ao Mr
f "Wy. Rep. '91 ch.92 establishing Wy. Agric. College. i§
'oS ch.io, 7 P
2345 Commercial
a Wis, State Sup*t of Public Instruction may prescribe course of
study for commercial schools & colleges; accredited schools to be
listed in biennial report. i§ '05 ch.124, 39 Ap
2348(5 Military
a N. M. Amdg. '01 ch. 6 §6 as to age of appointees to Military Insti-
tute. 2§ '05 ch.io8, 16 Mr
b S. C. Amdg. C.C. §1276 rel. to powers of Bd of Visitors of S. C.
Military Academy. i§ '05 ch.415, 18 P
3350 Technical and manual training
a Ari. Instruction in manual training & domestic science in pubUc
schools. 6§ '05 ch.90, 3 Mr
b Mass. Com'n to be appointed to consider need for technical educa-
tion in different grades of industrial skill & responsibility in various
industries; report to Leg. of 1906; $15,000. '05 r.94, 94 My
c Minn. County may appropriate $20,000 annually for schools of
agric. & domestic economy; joint schools; state aid. ii§ *
'05 ch.314, 19 Ap
Libraries
EDUCATION 2352-56
2352 Libraries
2354 State libraries
a Cal. Amdg. P.C. §416: $jooo [$2500] in fees collected by Sec. of
State to constitute state library fund. i§ '05 ch.467, 21 Mr
b Ct. Stenographic reports of leg. committee hearings to be fur-
nished State Library. Supplements '03 ch.197. i§ '05 ch.28, a My
c Ct. Not over 2500 copies of rep'ts of State Librarian to be printed.
2§ 'oS ch.29, 2 My
d Mass. Appropriating $8500 [$6500] annually for additions to
State Library & $5400 [$4300] for clerical & messenger service. Amds.
by implication R.L. ch.io §27, 29. '05 ch.154, 9 Mr
e Mo. Amdg. R.S. '99 §10055, 10061 : salary of State Librarian $1200
[$900] ; assistant librarian who shall act as janitor $1000 [$300].
*o5 p.304, 1 Ap
f Mon. Amdg. P.C. §2385 rel. to circulation of certain State Library
books. 2§ '05 ch.8i, 3 Mr
g N. C. State Librarian to have seal & attest copies of documents.
4§ '05 ch.S37, 6 Mr
h Or. Amdg. Ann.C.& S. §2446, 2450-52, 2454 rel. to State Library
& appointment of librarian. 5§ '05 ch.24, 3 F
i Pa. State Library to occupy '* Executive Building " on removal
• of officials to Capitol. i§ '05 ch.43, 28 Mr
j Pa. State Library to be open from 9 a.m. to 10 p.m. except Sun.
& holidays. Supplements '89 ch.2 2 5. 2§ '05 ch.304, 11 My
k R. L Amdg. G.L. ch.28 §2,*oi ch.862 §4 rel. to State Library: an-
nual appropriation, $1300 [$800]; salary of Librarian, $1200 [$1000]
3§ *o5 ch.1252, II My
m S. D. State Library placed in custody of Dep't of History; sec.
of State Historical Soc. to be State Librarian. 4§ '05 ch.164, 16 F
XI Vt. Amdg. '98 ch.7 §1: annual appropriation for occasional extra
help in State Library $600 [$300]. i§ '04 ch.ii, 10 D
p Wis. Amdg. S. '98 §373i: annual appropriation for leg. reference
room $4500 [$2500]. i§ '05 ch.177, 8 My
2355 Public documents
5m also 70, Distribution of public doctunents
a Ct. Amdg. G.S.'o2 §134: 575 [375] copies of any report made to
Gov. or Gen. Assembly may be printed for State Librarian for ex-
change & distribution. i§ '05 ch.2 6, 2 My
b Ind. Amdg. *99ch.2i6§i: State Library to receive 200 [150]
copies of state publications except session laws & Supreme & Appellate
Court reports. i§ '05 ch. 101,4 Mr
3356 Free public libraries
a Minn. Amdg. 'o3ch.i73§i: municipality having public library
may loan books outside corporate limits or establish traveling library
system. i§ ' '05 ch.257, 18 Ap
Libraries
2357-58 N, Y. STATE LIBRARY INDEX OP LEGISLATION I90S
3357 State aid and supervisioii. Traveling libraries
a Cal. Amdg. 'oich.i7o§4,6: public library in municipality to file
certificate of organization with State Librarian. 3§
'05 ch.29a, 20 Mr
b Ct. Rev. law rel. to assistance to free public libraries by Public
Library Committee. Rep. G.S. '02 §463i,'o3 ch.142. 3§
'oS ch.gS, 24 My
c Ind. Amdg. '99 ch.io3.§2 rel to office & duties of Library Com'n.
2§ '05 ch.90, 4 Mr
d Or. Creating State Library Com'n to aid in establishing libraries &
in operating traveling libraries; biennial report to Leg.; $2000 an-
nual appropriation. 6§ '05 ch.44, 9 P
e Vt. Amdg. S. §881 : salary sec. State Bd of Library Com'rs not to
exceed $500. i§ '04 ch.54, 8 D
f Wis. Amdg. '99 ch.238 §1: $yooo [$3500] annual appropriation
for use of Free Library Com'n; maintenance of [summer] school of
library science. i§ *oS ch.377, 14 Je
2358 Establishment" Support ' Oovemmant -
a Ct 'Establishment of free mun. library. i§ '05 ch.41, 5 My
b 111. Bd of directors of public libraries to elect 5 trustees of em-
ployees pension fund; voluntary membership; deduction of $6~l48
from annual salary; beneficiaries; reports. i5§ '05 p.309, 12 My
c HI. Amdg. '72 p.609 §10, II rel. to election for tax to erect free
public library. 2§ '05 p.307, 16 My
d HL Township may incur bonded debt of not less than $xoo for
20 yrs for library purposes. 9§ *o5 p.313, 18 My
e Kan. Amdg. '03 ch.121 §1 rel. to establishment of public library.
2§ '05 ch.104, 8 Mr
f Mich. Amdg. '77 ch.164 §11 rel. to appointment of library bd of
directors in township having free public library. i§ '05 ch.67, 19 Ap
g Minn. Amdg. *oi ch.93 §1: city of 50,000 may levy tax of 2 [i^]
mills to support library donated to it. i§ '05 ch.241, 18 Ap
h Men. Amdg. P.C. §5039 rel. to establishment & maintenance of
free public library. 2§ . '05 ch. 62, 2 Mr
i N. J. Municipality or township may establish free public library;
support; management; bonds. 33! '05 ch.iSo, 14 Ap
j Pa. Amdg. '95 ch.291 §3 : library tax to be included in school tax
levy on same subjects of taxation. i§ '05 ch.167, 30 Ap
k Tenn. Amdg. '97ch.io5: municipalities of 6000 [20,000] may
establish free public libraries & reading rooms. i§ '05 ch.438, 14 Ap
m Wis. Amdg. S.'98 §931: town [of 1000] may establish library ft
reading room. i§ '05 ch.43, *9 Mr
n Wis. Amdg. S.'98 (936a rel. to care of endowments of public
libraries: treasurer or financial sec. of library bd in cities other than
ist class to report annually as to fund. i§ '05 ch.98, 21 Ap
p Wis. Appointment & duty of library bds in towns ft villages.
Adds S.*98 §932a. ij '05 ch. 37S. 14 Je
History
EDUCATION 2358-63
q Wis. Presentment & collection of claims against library bds. Adds
S.*98 §933*. 18 *o5 ch.392, 17 Je
3359 Law libraries
a Pla. Sale & disposal of duplicate books of Supreme Court library.
2§ *os ch.38, 31 My
b Me. Amdg. R.S.'o3 ch.ia §10 as to appropriation of state fines to
coimty law libraries. x§ '05 ch.xs;, 34 Mr
2360 School libraries
a Ct. "An act concerning school libraries at temporary homes." 2$
*oS ch.50, 12 My
b Minn. Appropriating $10,000 for school libraries. x§
'05 ch.22, a Mr
c Nev. From $3-$5 for each teacher & 5-1 oc for each pupil to be
apportioned to county school library ftmd. 75 '05 ch.a»7, 16 Mr
d N. C. State to duplicate gift of $10 to foimd or $5 to enlarge school
library in town under 1000; limited to 6 a 3rr in each county to be
established & 6 enlarged by state aid. xo§ '05 ch.331, 4 Mr
e Or. Amdg. Aim.C. & S. §3462-69 rel. to district school libraries. 8§
'05 ch.X32, 2x F
f S. C. Amdg. '04 ch. 207: county school bd to dupHcate private
gift of $xo to establish or $5 to enlarge school library; limited to 25
[10] schools a yr. 9§ '05 ch.442, 22 F
g Wis. Creating committee to secure bids & make contracts for pur-
chase of school library books; procedure. 7§ '05 ch.243, 24 My
h Wis. Amdg. S.'98 §486a as to selection of books for township
libraries. 2§ '05 ch,4i7, 17 Je
3362 Private library associations
a Me. Amdg. R.S.'o3 ch.57 §15 as to appropriations to free libraries.
i§ '05 ch.i66, 24 Mr
b Pa. Borough may contract with nonsectarian library for free use
by residents. 2 § 'o 5 ch. 19 1 , 2 2 Ap
2363 History. Records. Memorials
a CoL Appropriating $6000 to State Historical Soc. for collection of
relics & data concerning cliff dwellers. 3 § *oS ch. 1 3 7 , i o Ap
b N. D. State Historical Soc. to be trustee of state; Gov., Auditor,
Sec. of State, Com'r of Agric. & Labor & Sup't of Public Instruction
to be directors; biennial publications; $1500 annual appropriation;
replacing State Historical Com'n provided for by R.C.'99 §152-53. 4§
•05 ch.25, 16 Mr
c S. C. Reorganizing State Historical Com'n; term of i member to
expire every 2 yrs; office & archives at Capitol; duties of sec. ; custody
of public & private records. 9! '05 ch.4S4, 20 F
d W. Va. Creating State Bureau of Archives & History ; collections ;
supervision by Bd of Public Works ; appropriation. 5§ 'oSch.64,2iF
History
3364-69 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
2364 Axmivenary celebrations
a N. J. City may appropriate or borrow money to celebrate centen-
nial or semicentennial of corporate existence, i § '05 ch. 19 , 8 Mr
3365 Archives. Records. Colonial laws
a Ct. Provision for compilation of certain public records by May
1907. 4§ *o5 ch.22i, 6 Jl
Amended, '05 ch.237, 13 Jl
b Del. Preservation of public records prior to 1800. '05 ch.77, 16 Mr
c Kan. Official in charge of public records not required by law to be
premanently preserved may 3 yrs after filing turn them over to State
Historical Soc. 3§ '05 ch.358, 4 Mr
d Me. State to purchase 450 copies of vol. 14 of early York deeds &
distribute same. '05 r.6i, 8 Mr
e Me. Gov. & Cotmcil may purchase 250 copies of ist 5 vol. of
York deeds & 100 copies of Me. wills. '05 r,i2i, 21 Mr
f Me. Appropriation for ' publication of state documents by Me. *
Historical Soc. '05 r.128, 22 Mr
g Pa. State Librarian to edit state archives & publish edition of
2000 in 15 vol. or less; distribution. s§ '05 ch.337, 11 My
h Pa. Continuing com'n to compile & publish laws of Pa. prior to
1800 appointed under '87 ch.70 for 2 yrs; appropriating $8000. i§
*oS ch.3Si. II My
i Vt. Distribution of Vt. Revolutionary Rolls. '04 ch.370
2366 Historical societies
a Mich. Publication & distribution of Mich. Pioneer & Historical
Soc. collections; State Librarian to be custodian. 6§ '05 ch.95, 4 My
b Neb. State Historical Soc. to be custodian of state documents &
historic records not in present use, or for preceding 20 jrrs by any state
or local dep't or inst. s§ '05 ch.157, 30 Mr
c W. D. State Historical Soc. to be trustee of state; publications;
$1500 annual appropriation; replacing State Historical Com'n pro-
vided for by R.C.*99 §152-53. 4§ *o5 ch.25, 16 Mr
2367 Museums
a Wis. Powers & duties of bd of trustees of existing historical
museums in cities of ist & 2d classes. Adds '97ch.iii§iia. 2§
'oS ch.135. 29 Ap
2368 Old Home week
a R. I. Calendar week beginning with last Sun. in Aug. to be Old
Home week. 2§ '04 ch.1205, 16 N
2369 Scenic and historic places
S€t also 3370, Memorials
a Cal. "An act to provide for acquisition of old mission at Sonoma,
of Fort Ross property , of landing place at Monterey of Junipero Serra,
& old theater at Monterey, & providing for preservation . . . and
improvement . . ." 4§ '05 ch.22, 21 P
/ Memorials. Monuments
EDUCATION 2369*72
b Cal. Re-ceding "Yosemite valley" & "Mariposa Big Tree grove"
to U. S. for national parks. 3§ '05 ch.6o, 3 Mr
c Col. Establishing state park at Beecher Island; $2500 for monu-
ment; maintenance by Beecher Island Battle Memorial Ass'n. 4§
*o5 ch.78, 7 Ap
d Del. Committee named to erect monument at Fort Oplandt near
Lewes, ist colonial settlement; $500. i§ '05 ch.17, 30 Mr
e Ga. Joint leg. committee to report to Leg. of 1906 on purchase
of land at Tallulah Falls for public park. *o5 p. 125 5, 22 Ag
f HI. Appropriating $5000 for restoring Grant home at Galena. 2§
'05 p.32. 29 Ap
g Kan. Appropriating $1000 for marking Santa Fe trail. s§
*o5 ch.65, I Mr
h Mass. Com'n to be appointed to consider desirability of establish-
ing memorial reservation on Daniel Webster homestead at Marsh-
field; report to Leg. of 1906. *o5 r.96, 24 My
i Minn. Designating 3 com'rs to locate site of treaty made in 185 1
"v^-ith Sioux Indians by Alexander Ramsay; $300. 3§
'oS ch.iSo, II Ap
J W. Y. Designating com'n of 5 to care for Seneca Indian Council
rock at Brighton, Monroe county. 5§ '05 ch. 69, 17 Mr
k Or. Appropriating $600 for repair of monument at Old Champoeg
commemorating first civil gov't west of Rocky mountains & for im-
provement of site. 3§ '05 ch.iS, 3 F
m Pa. Amdg. '93 ch.130 §1: state park at Valley Forge not to ex-
ceed 1000 acres [500 acres & Washington's headquarters], ij
*oS ch.87, 7 Ap
. n Tex. Alamo Mission memorial; purchase of land; $65,000. 4§
'oS ch.7, 26 Ja
p Wis. Com'n to be appointed for 2 yrs to continue acquisition of
property & care of Interstate Park of the Dalles at St Croix ; powers
& duties. 9§ *oS ch.39S, 17 Je
2370 Memorials, Monuments
a W. Y. Amdg. '69 ch.Sss §4 rel. to erection of monuments in towns
[& counties] at public expense. 2§ '05 ch. 2 7 7, 22 Ap
b W. C. County may protect with iron fence public monument
erected in courthouse square by popular subscription, i §
•05 ch.4S7, 6 Mr
Battle flags
$130 for preservation of battle flags. 2§ '05 ch.ios, 6 Je
Salary of messenger in charge of flag room at Capitol, $800.
'05 ch.202, 22 Ap
Confederate flags to be returned to state of Alabama.
'05 p.990
Grave markers
Amdg. *o3ch.23i §1: county shall [may] on petition of 10
freeholders furnish suitable markers for soldiers' graves. i§
'05 ch.96, 10 Ap
Fla.
Pa.
2§
Wis,
3372
Pa.
Memoriato. Momiments
3373-76 N. Y. STATB LIBRARY INDBX OP LEGISLATION I905
b R. L $300 for erection of metallic markers on graves of T^ivil War
veterans. '05 r.38, 12 Ap
2373 Medals
a XT. Appropriating $500 for medals for those who served in Indian
wars from 1850 to 1873. 3§ '05 ch.86, 9 Mr
3374 Memorial buikUiigs
a Del. $xooo toward erection of D. A. R. Memorial Hall at Wash-
ington. x§ '05 ch.i8, 3 Ap
b N. J. Appropriating $2000 for monolith commemorative of N. J.
as one of original states in Memorial Continental Hall, Washington
D. C. 2$ '05 ch.151, 17 Ap
c Pa. Appropriating $2000 for memorial oolmnn commemorative
of Pa. as one of original states in Memorial Continental Hall, Wash-
ington D. C. i§ '05 ch.334, II My
2376 Memorials on battlefields. Soldiers monumenta
a CoL Designating bd of 3 members to erect $15,000 monument to
Civil War veterans on Capitol grounds. s§ '05 ch.27, 8 Ap
b Ct Designating 5 com'rs to erect memorial to stifferers in Ander-
son ville military prison ; $6000. 4§ '05 special acts ch.429, 6 Jl
c HL Appropriating $5000 for monument near Harding to 16 per-
sons massacred by Indians May 21, 1832. 2§ '05 p.42, 18 My
d HI. Appropriating $5000 for monument on Campbells island to
14 volunteers killed by Indians July 19, 1814. 2§ '05 p.43f x8 My
e HI. Appropriating $100,000 additional for monuments at Vicks-
burg. 4§ '05 p.44, 18 My
f Kan. Appropriating $2500 toward monument on Artkaree river
to Forsyth scouts. 4§ *o'S ch.6i, 9 Mr
g Mass. Appropriating $3500 for monument at Winchester to
Mass. soldiers killed in Shenandoah valley compaign during Civil
War. 'oS r.53, 20 Ap
h Mich. $10,000 for monuments in Vicksbux^g National Military
Park to designate location of state troops in siege of Vicksburg. si
'05 ch.239, 16 Je
i Minn. Appropriating S400 for removal of bodies of victims of
Indian massacre of Oct. 1862 to suitable site & erection of monu-
ment. 2§ '05 ch.336, 19 Ap
j W. J. Appropriating $500 for monument to be erected jointly by
5 states on battlefield at Monocacy Md. 2§ '05 ch. 2 7, 13 Mr
k W. J. Town may pay ^^ cost of soldiers montiment. i§
*oS ch.71. 30 Mr
m W. J. Com^n to be appointed to erect monimient on battlefield at
Red Bank; report to Gov.; $15,000. 4§ '05 ch. 79, 30 Mr
n N. Y. Amdg. membership corp. law '95 ch.S59 §120-21 rel. .to
incorp. of ass'n to erect soldiers memorial. 2§ '05 ch.411, 16 My
p N. Y. State Com'n on battlefield monuments at Chattanooga &
Gettysburg to erect monument to prisoners at Anderson ville during
Civil War; $10,000. i§ *oS ch.7i7f 3 Je
Memorials. Monuments
EDUCATION 2376-77
q N. C. Providing for erection of memorials at Appomattox Court-
house; $1000 toward erection of monument on site of last volley by
Cox's brigade. 3§ '05 ch.io, 18 Ja
r N. C. Appropriating $500 for tablet at Chickamauga & $250 for
one at Bethel to mark position held by state troops. 3§
'05 ch.68o, 2 Mr
s N. D. Com'n to be appointed to improve land granted by U. S.
embracing White Stone hills battlefield; biennial report to Gov.;
$100. 8§ '05 ch.48, 13 Mr
t Pa. Appropriating $2000 for monument on battlefield at New
Market Va. i§ ' '05 ch. 33 5, 11 My
u Pa. Com'n to be appointed to mark positions occupied by state
regiments at battle of Antietam; $10,000. 2§ '05 ch.3S4, 11 My
V Tex. Purchase of site for mausoleum to memory of Dawson's
men & Mier prisoners killed at battle of Salado; $500. 8§
'05 ch.63, IS Ap
w Vt. An act providing for care, maintenance & repair of Benning-
ton battle moniunent. 3§ '04 ch.192, 9 D
X Vt. Appropriating $100 for repair of Hubbard ton battle monu-
ment. 3 1 '04 ch.183, 14 N
y Vt. Appropriating $500 toward monument at Monocacy Md. 2§
'04 ch.182, 16 N
z Wis. Amdg. '03 ch.322 rel. to erection of monument in Anderson-
ville prison grounds [National cemetery at Andersonville] : com'n to
contract for monument; term of com'rs extended to May 1907; ex-
penses of com'n. 3§ '05 ch.321, 9 Je
zi Wis. $1000 additional appropriation for dedication of monuments
on Shiloh battlefield. 2§ '05 ch.371, 14 Je
2377 Memorials to individuals
a Ari. Gov. to appoint com'n of 5 to supervise erection of monument
at Prescott to Captain O'Neill of the Rough Riders; $10,000. 6§
'oS ch.46, 16 Mr
b ni. Appropriating $1000 for painting of ex-Gov. Richard Yates
to be placed in executive office of Statehouse. i§ '05 p. 78, 12 My
c Ind. Gov. to appoint com*n of 5, to erect monument to ex-Gov.
Oliver P. Morton on Statehouse grounds; $35,000; private contribu-
tions authorized. 7§ '05 ch.43, 25 P
d Me. Appropriation of $500 to mark grave of ex-Gov. Jonathan
G. Hunton. '05 r.53, 28 F
e Mass. Committee to be appointed to consider erection of mem-
orial to George Frisbie Hoar; report to Leg. of 1906. '05 r.8, 23 F
f Mass. Gov. & Council may accept for Statehouse memorial of
Gen. Thomas Greely Stevenson from comrades in Civil War.
'05 r.2o, 15 Mr
g Mass. Gov. to appoint committee of 5 to arrange for commemor-
ating 200th anniversary of birth of Benjamin Franklin on Jan. 17,
1906. '05 r.64, I My
Wbx records
377-79 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1 905
h Mass. Committee to be appointed to consider erection of memorial
to Chevalier de St Sauveur; report to Leg. of 1906. *o5 r.72, la My
i Mich. $5000 toward erection of monument to Major Gen. Alex-
ander Macomb of War of 181 2. 2§ *o5 ch.252, 16 Je
j Minn. Designating 3 com'rs to design & erect statue of Alexander
Ramsey in National Statuary Hall in Washington, 3§
*oS ch.249, 18 Ap
k Men. Authorizing erection of statue to Gen. Thomas Francis
Meagher on grounds of State Capitol. '05 p.354, 3 Mr
m N. M. Gov. to appoint com'n of 3 to purchase bust of J. Francisco
Chaves for Hall of Leg. Cotmcil; $1000. '05 p.377, 14 Mr
n Or. State to purchase oil painting of ex-Gov. George E. Chamber-
lain. '05 p.437. 23 Ja
p Pa. Appropriating $400 to create fund, interest of which is to be
used to care for grave of former Gov. Simon Snyder. 2§
•05 ch.313. II My
q Pa. Com'n to be appointed to erect statue of M. S. Quay on Capi-
tol grounds; 1^20,000. 4§ '05 ch.3191 11 My
r Pa. Com'n to be appointed to erect equestrian statue to Gen.
Anthony Wajme on Revolutionary camp grotmds at Valley Forge;
$30,000. 2§ '05 ch.323, II My
8 Pa. Appropriating $10,000 for oil paintings of famous Pennsyl-
vanians exhibited in state building at St Louis Exposition to place in
Capitol. i§ '05 ch.336, II My
t S. C. Committee to investigate purchase of portrait of late Chief
Justice John Belton O'Neall. 2§ '05 ch.575, 9 Mr
u Vt. Testimonials to be engraved & presented to Vt. soldiers &
sailors in war with Spain. '04 ch.178, 6 D
V Vt. Gov. to appoint com'n of 3 to investigate & report as to suitable
memorials to Col. Seth Warner & Captain Remember Baker.
•04 ch.363, 9 D
w Wis. Com'n to be appointed to procure for Capitol bronze medal-
lion portrait of A. R. Hall; $500. i§ '05 ch.481, 20 Je
2379 War records
a 111. Adjutant Gen. to complete Civil Wax records of 2d regiment
light artillery. '05 p.400, 6 My
b Me. Preservation of regimental rolls of Civil War. *oS r.6o, 8 Mr
c Mass. Sec. of Commonwealth to continue compilation of Revolu-
tionary War records; $5000. '05 r.15, 28 F
d Mass. Chief of Bureau of Statistics of Labor to prepare list of
names & addresses of persons from Mass. who served during Civil War.
•05 r.65. 4 My
e Mich. Adjutant Gen. to furnish records of veterans of Spanish
American War & certificates of discharge free of charge. 3§
•05 ch.302, 17 Je
f Mo. Adjutant Gen. to compile roll of Missouri volunteers who
served in Civil War. i§ '05 p.232, 6 Ap
Scientific worl
EDUCATION 2375-8J
g N. J. Authorizing publication of records of state soldiers in var-
ious wars. i§ 'oS p.566, 19 Ap
h S. C. Adjutant & Inspector Gen. to add name to Confederate
rolls on proper proof. i§ '05 ch.497, 21 P \
i Wis. Com'n named to devise plan for compiling history of Wis-
consin soldiers in Civil War; report to Leg. of 1907. 2§
'05 ch.298, 3 Je
2380 Scientific work. Art
a Wis. State Printer to print 1500 copies of transactions of Wis.
Archeological Soc. Amds. S.'98 §341. i§ '05 ch.337, 10 Je
2383 Biology
a Mich. Biological survey of state to be made by Bd of Geological
Survey. S§ '05 ch.2So, 16 Je
b Pa. Gov. to appoint assistant Economic Zoologist, salary $1600,
& stenographer & messenger of Dep't of Agric, salary $900 each.
Supplements '95 ch. 8. i§ '05 ch. 2 33, 4 My
2384 Geology. Topography
a HI. Provision for State Geological Survey; $25,000 annual appro-
priation. X4§ '05 p.30, 12 My
b Kan. Continuing State Geological Survey, appointed by '03 ch.6o
till 190J [1905]. 6§ '05 ch.33, 8 Mr
c Me. Reorganization of Topographic Survey Com'n reports; com-
pensation. 6§ '05 ch.144, 23 Mr
d Mich. Bd of Geological Survey to cooperate with U. S. Geological
Survey in preparing topographic map. 4§ '05 ch.2Si, 16 Je
e Mich. Amdg. '99 ch.44 §14: not over 1200 copies of report of
State Bd of Geological Survey to be printed. i§ '05 ch.297, 1 7 Je
f W. Y. U. S. officers may enter private property & erect necessary
works while engaged in coast & geodetic survey. s§
'oSch.380, i6My
g N. C. Providing for geologic & economic survey of state; $10,000
annual appropriation. 7§ '05 ch.542, 6 Mr
h Okl. Creating Survey Com'n to cooperate with U. S. Geological
Survey in making topographic survey; $5000 annual appropriation.
4§ '05 ch.3S art. I, 11 Mr
i Vt. Amdg. *oo ch.6 §1: annual appropriation for geologic survey
%iSoo [$1000]. i§ '04 ch.i2, 6 D
2385 Museums
a Mo. Amdg. R.S.'99 §9895, 9901: city of 50,000-300,000 may
establish art gallery & museum. 2§ '05 p.302, 31 Mr
b Pa. "An act to provide ... for museum to contain historic & x.
archeologic material & objects illustrating flora & fauna of Pa." i.§
'05 ch.43, 28 Mr
f
Ga.
g
Ga.
h
Id.
i
Ind.
i
Kan.
lititia
>38S-9Z N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
^388 Military regulations
See also 2363. History, records, memorials
2391 Militia. National Guard
a Ari. Amdg. R.S.'oi §3135, 31S3. 3^75, '03 ch.s6 §6 rel. to militia.
Adds art. 2 ^[9. 6§ '05 ch.ss, 16 Mr
b Cal. Msdr. for ass'n or corp. to discriminate against member of
National Guard. Adds Pen. C. §421. '05 ch/195, 18 Mr
c Cal. Generally amdg. P.C. t.4 ch.2 rel. to National Guard. 94!
'05 ch.288, 18 Mr
d CaL Generally amdg. P.C. t.4 ch. I rel. to state militia. 3o§
*o5 ch.289, 18 Mr
e Ct. Miscellaneous amdts. to G.S.'o2 t.20 rel. to militia. i8§
*o5 ch.227, 6 Jl
Colored troops abolished. 2§ *o5p.i66,i9 Ag
Militia law. Rep. sundry laws. 98! '05 p. 133, 22 Ag
Militia law. 6i§ '05 p. 10, 18 F
Amdg. '95 ch. 53 rel. to militia. 23! '05 ch.131, 6 Mr
Amdg. G.S.'oi §5952 rel. to transportation of state troops.
2§ 'o5ch.352, 25 F
k Kan. Misc. amdts. to 'o i ch . 2 5 5 rel . to militia ; organization ; officers ;
state military bd. armories; pay. io§ '05 ch.303, 4 Mr
m Me. Misc. amdts. to '93 ch.266 rel. to militia. io§
•05 ch.64, 15 Mr
n Mass. "An act to provide certain military instruction for officers
& men of militia." i§ '05 ch.202, 23 Mr
o Mass. "An act rel. to militia." Rep. R.L. ch.i6. i94§
*o5 ch.465, 26 My
p Mich. Amdg. *oi ch.2 04 §9, 11, 25, 67 rel. to state militia: retired
officers; military fund. Adds J68a-b. 6§ '05 ch.iii, 11 My
q Mich. Amdg. '93 ch.184 J36: tax levy of sum equal to §c [ic] for
each resident of state, for state naval & militia fund. i§
'05 ch.22o, 13 Je
r Minn. Amdg. '97 ch. 118 §17, 20, 35, 105, 124, 140 rel. to militia;
hospital corps; gen. maneuvers; uniforms; service marks. 7§
'05 ch.225, 17 Ap
s Mo. Generally amdg. R.S.'99 ch.130 rel. to militia. 55§
'05 p.22o, I Ap
t Neb. Rev. Military Code. Rep. '87 ch. 50. 75§ '05 ch.ioo, 3 Ap
u W. H. Amdg. '9 5 ch. 59 rel. to militia: officers; rifle practice;
enlistment; retired list. 2o§ *o5ch.Si,9Mr
V N. M. Gen. militia law. 89! '05 ch.ior, 16 Mr
w W. Y. Adjutant Gen. may sell military stores purchased by state
for equipment of militia toU.S. 2§ 'oSch.ii,2oF
X W. D. Amdg. R.C.'99 51419' $500 [S400] annual appropriation for
armory rent of each organization of National Guard; $600 [$300] for
bandmaster. 2§ 'o5ch,i4, 25F
MILITARY REGULATIONS
y Or. Misc. amdts. to military law, Ann. C.&S. §3175-251. 2i§
*o5 ch.98, 18 F
z S. C. Gen. militia law. 93! '05 ch.4oS, 22 F
zi Tex. State militia. i34§ '05 ch.104, 15 Ap
Z2 U. Amdg. R.S.'gS §1429-88 rel. to composition of militia; appoint-
ment, rank, qualifications & duties of officers; retirement & pay;
relief to one injured on duty; Military Court. i5§ '05 ch. 116, 16 Mr
Z3 Vt. Amdg. S. §4372, 4417, 4430 as to organization, parades & pay
of militia. 4§ 'o4ch.ii3,8D
Z4 W. Va. Generally amdg. C. ch.i8 rel. to militia. 29 §
'o5ch.47,TiF
Z5 Wis. Amdg. S.'98 §170, '01 ch.228 §33, 36, 59, 65, 66, 73, rel. to
National Guard. Adds S.'98 §6ioa, 61 la, 639a, 642, 645, 649 subdiv.
19.25,26,34. io§ 'o5ch.434, 19 Je
z6 Wy. Gen. militia law. Rep.R.S. '99 §716-54. 8o§ '05 ch.46, iS F
2393 Armories
a Ct. Com'n to be appointed to take charge of lands acquired as addi-
tion to Capitol grounds & grade same, also to secure plans for erec-
tion of State Arsenal thereon; report to Leg. of 1907 ; $30,000. 7§
'05 special acts ch.431, 13 Jl
b Mass. Adjutant Gen. may upon application approved by military
custodian allow temf)orary use of armory for mun. purposes. 2§
'oS ch.298, 13 Ap
c Mass. Amdg. '04 ch.371 §1: if voters of town of 12,000 at special
meeting vote for armory for militia, state to erect one. i§
'05 ch.391, 10 My
d N. Y. Amdg. Military Code '98ch.2i2 §133, 138-40 rel. to certain
expenses in equipment & maintenance of armories; employees. 4§
'05 ch.6i8, 26 My
e N. Y. Appropriating $75,000 for armory in city of Oswego. 8§
'05 ch.742, 3 Je
f N. Y. Appropriating $175,000 for armory at Syracuse. 5§
'05 ch.743,3 Je
g Pa. Creating State Armory Bd to purchase sites & supervise erec-
tion of buildings ; maximum cost ; sale of armories ; annual report to
be included in that of Adjutant Gen. ii§ '05 ch.307, 11 My
h R. I. Submitting question of bond issue of $350,000 for State
Armory in Providence. Approved Nov. 1905. '05 r.i, 21 Ap
i S. C. Appropriating $6000 to construct State Armory at Colum-
bia. 3§ '05 ch.596, 22 F
j U. Creating Armory Bd for National Guard; $10,000 annual
appropriation. '05 ch.43, 8 Mr
2394 Encampment
a ■ Fla. Com'n to be appointed to report to Leg. of 1907 on permanent
camp site for state militia. 3§ '05 ch.96, 5 Je
b Vt. Authorizing sale of state camp ground at Colchester to U. S. ;
money to be reserved 5 yrs for purchase of new state camp, 2§
'04 ch.191, 6 D
fiHtia
W7-2402 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1 905
Military schools, s€€ 3348(5
3597 Naval militia
a Minn. Rev. '99 ch.355 rel. to organization, enlistment & supplies
of naval militia. i7§ '05 ch.34, 10 Mr
Mo. Establishing a naval reserve. 15 § '05 p. 340, 13 Mr
3398 Officers and boards
a Mass. Amdg. '04 ch.361 §1 rel. to allowance to officer of militia
for uniform. 2§ '05 ch.468, 26 My
b N. J. Amdg. '03 ch.6s §7 as to personnel of Gov.'s staff. i§
•05 ch.97, S Ap
c N. J. Amdg. '02 ch.245 §8 as to personnel of assistants to Gov.'s
staff. i§ '05 ch.98. 5 Ap
d N. Y. Amdg. Military Code '98ch.2i2§i4asto security for costs
in suit against officer of militia for acts ia course of duty. i§
*o5 ch.310, 22 Ap
e N. C. Amdg. '93 ch.374 §9 rel. to personnel of Gov.'s staff. i§
*oS ch.19, 20 Ja
f N. C. Amdg. *93 ch.374 §9 rel. to personnel of gen. staff of National
Guard. i§ *o5 ch.314, 27 P
g N. C. Amdg. '03 ch.548 §7: salary of brigadier gen. $300 [$x5o].
i§ '05 ch.420, 4 Mr
h N. D. Commissioned officers in National Guard may be placed on
retired list on disability or after 10 yrs service. S§ '05 ch.135, 23 F
i N. D. Appointments to various dep'ts of National Guard to be
made from officers of field or line, for 2 yrs. 3§ '05 ch.136, 23 P
j Pa. Amdg. '93 ch.47 §8 rel. to Military Courts: proviso that act
shall not affect Battalion Courts Martial of naval militia, i §
*o5 ch.142, 18 Ap
k U. Appointment & qualifications of certain staff officers in militia;
armorers. 3§ *o5ch.67,9Mr
m Vt. Allowance to officers of ist regiment National Guard for uni-
forms. 3§ '04 ch.114, 10 D
n Wis. Graduates of State Univ. with 4 yrs military instruction &
I yr as field officer eligible to appointment as brevet 2d lieut. in state
troops. 2§ '05 ch.309, 5 Je
2400 Adjutant general
a N. D. Amdg. R.C.'99 §1375: salary of Adjutant Gen., $1800
[$1000]. i§ *o5 ch.i2, 16 Mr
b Pa. Additional employees for Adjutant Gen.*s office. i§
'05 ch.238, 4 My
2402 Regulations of troops
a Gal. Rep. Pen.C. §443 which made sale of equipment by member
of militia msdr. i§ 'oS ch.147, 18 Mr
b Ct. Imprisonment of national guardsman for failure to pay fines
& dues. i§ '05 ch.i7S, 29 Je
Pensions and reli
MILITARY REGULATIONS ^402
c N. Y. Amdg. Military Code '98 ch.212 §165: "temporary disabil-
ity" of member of militia not to extend longer than 90 days. i§
'05 ch.419, 16 My
d N. Y. Amdg. Military Code '98011.212 §125 rel. to payment for
injured or destroyed equipment of National Guard or naval militia, i {
*o5 ch.617, 26 My
e N. D. Medals to be given to officers & enlisted men in National /
Guard for 10-20 yrs service; $100. '05 ch.36, 23 F
3405 Volunteers in Spanish War. Additional pay
a Ncv. State Bd of Examiners to investigate claims of Spanish War
veterans against U. S. & indorse those which appear valid. 3§
*o5 ch.6i, 9 Mr
3406 Pensions and relief
2408 State pensions and aid
a Ct. Soldiers Hospital Bd may care for indigent Civil War veteran
till able to be removed to Soldiers Home or' Hospital. i§
*oS ch.172, 21 Je
b Ct, Care of invalid Spanish- American War veterans. 3 §
'05 ch.261, 19 Jl
c Minn. Citizen-soldier injured in Indian massacre of 1862 to receive
pension of $12 a mo.; payable to widow married before 1885. 3§
'oS ch.3is, 19 Ap
3409 Confederate veterans
a Fla. Vouchers of pensioners may be approved & signed by clerk
of Circuit Court or notary. 2§ '05 ch.73, i Je
b Ga. Tax returns to contain census of Confederate veterans & wid-
ows. 3§ - 'oS p. 12 2, 22 Ag
c Ga. Salary of clerk & stenographer of Com'r of Pensions $75 a
mo. 2§ '05 p.123, 22 Ag
d Ga. Resident Confederate veterans of state- regiments & their
widows to receive pension regardless of previous residence. 2 §
'oS P133. 22 Ag
e N. C. Amdg. '03 ch.273 §1 rel. to schedule of pensions for dis-
abled Confederate veterans: total pension list not to exceed $275^000
[$200,000] annually. 2§ '05 ch.358, 2 Mr
f W. C. Amdg. '03 ch.273 §4, 10: county bd may in its discretion
include in pension list Confederate veteran or widow ineligible through
having $500 in property. i§ '05 ch,4o8, 4 Mr
g S. C. Amdg. C.C. §1079: compensation State Pension Bd, $4 [$2]
a day. i§ * *o5 ch.468, 9 Mr
h S. C, Balance due state pensioner dying before end of yr to be
paid to clerk of County Court for expense of last illness & cost of
monument; residue to family. i§ *oS ch.476, 9 Mr
i Tenn. Amdg. '91 ch.64 rel. to pensions for indigent & disabled
Civil War veterans : powers & compensation of Bd of Pension Exam-
iners; false swearing in pension application deemed felony. 5§
'05 ch.8o, 27 Mr
Soldiers homes
2409-16 X. Y. STATE LIBRARY INDEX OF LEGISLATION I905
j Tenn. $25,000 annual appropriation for indigent widows of de-
ceased Civil War veterans; provisos. 8§ '05 ch.202, 7 Ap
2410 Local pensions and relief
a Web. Amdg. Ann. 8/03 §11556 rel. to Soldiers Relief Com'n: com-
pensation allowed by county bd limited to 5% of moneys distributed
by com'r in respective district. 2§ '05 ch.147, 23 F
b Wis. Amdg. S. '98 11529b rel. to county tax for soldiers. i§
'05 ch.441, 19 Je
241 X Burial expenses
a Col. Amdg. '87 p. 409 §1: veteran of Spanish- American War dying
without funds sufficient for funeral to be buried at county expense, i §
'05 ch.132, 10 Ap
b Mich. Rev. '99 ch.242 rel. to burial of veterans & their w^ives &
widows. 5§ '05 ch.39, 30 Mr
c Minn. Amdg. '01 ch.271 §2 rel. to burial of indigent or insane vet-
eran dying in state hospital or asylum, i § *o5 ch.266, 18 Ap
d Neb. Amdg. Ann. S.'o3 §11559: county bd to provide for burial
of indigent veterans of any [Civil] war of U. S. ; expense limited to
$60 [$35]. 2§ '05 ch.146, 8 Mr
c Wev. Amdg. '93 ch.53 §1: county to contribute to expense of
funeral of indigent veteran buried by United' Spanish War Veteran
Camp. i§ '05 ch.48, 7 Mr
f W. Y. Amdg. '02 ch.2o6 §2 rel. to removal of remains of veteran
soldier from potter's field or neglected or abandoned cemetery to
incorporated cemetery at expense of county. i§ '05 ch.39 1, '^ My
Preference of veterans
See 38(5. Civil service; 816, Exemption from taxatifni; 833. Business taxes; 1560
Hawkers and peddlers; 2335. Tuition; 2714. Road tax
2416 Soldiers homes
a Cal. Amdg. '97 ch.ioi §2-3, 5. 7, 10-13 rel. to management of
Veterans Home. Rep. §14, 16. 9$ '05 ch.373, 20 Mr
b Cal. Transfer of property & management of Veterans Home of
Cal. in Napa county to U. S. for National Soldiers Home. 5§
'05 ch.387, 20 Mr
c Fla. Srooo annual appropriation for maintenance of hospital at
Confederate Soldiers & Sailors Home. 2§ '05 ch.74. 19 My
d Id. Property of Soldiers Home at Boise to be ceded to U. S. on
agreement of U. S. to accept control & maintenance thereof; rever-
sion of land grant. 2§ '05 p. 29 5, 2 Mr
e Mon. Chaplain of Soldiers Home. Adds to P.C. §2532. 2§
'05 ch.33, 25 F
f Neb. Amdg. Ann. S.'o3 $9662-64. 9667, State Soldiers and Sailors
Home: management to \ye vested in BJ of Public Lands & Buildings
[visiting & examining Ixl] ; appointment of officers &: employees, sj
•05 ch.145, 29 Mr
g N. J. Inmate of State Soldiers & Sailors Home at Vineland not to
pay for support out of pension money. 2§ '05 ch.8i, 31 Mr
Organizations
MILITARY REGULATIONS 2416-2X
h N. D. Disposition of estates of deceased inmates of Soldiers Home
dying without heirs or legatees. 3§ '05 ch.163, 24 F
i Or. Amdg. Ann. C.& S. §3587 : salary of adjutant of Soldiers Home
$600 [$420]. i§ '05 ch.180, 21 F
j Sc D. Rev. P.C. §612-20 rel. to Soldiers Home at Hot Springs. io§
'oS ch.157,6 Mr
k Vt. Appropriation for support & acceptance of U.S. gov't aid for
Soldiers Home at Bennington. 3§ '04 ch.i7S, 30 N
m Wis. Amdg. S.'pS 11529a rel. to support of inmates of Wisconsin
Veterans Home: employee not an inmate; burial expenses. i§
'05 ch.255, 25 My
24x7 Admission
a Id. Amdg. '99 p. 190 §1: veterans of Spanish War to be admitted
to Soldiers Home ; all applicants to be resident 6 [4] mo. prior to appli-
cation. i§ *o5 p.4. 23 F
b Id. Amdg. '99 p. 190 § i : applicants for admission to Soldiers Home "^
to have been residents 2 yrs [6mo.](5' have voted at gen. election. i§
'05 p.414, 6 Mr
c Ind. War nurse may be admitted to Soldiers Home ; proviso. i§
'05 ch.42, 25 F
d Elan. Amdg. '89 ch.235§ii: honorably discharged Civil War
veteran militiaman of 65 to be admitted to Soldiers Home but not to
exclusion of soldier, sailor or marine. i§ '05 ch.480, 9 Mr
e N. J. Admission of out-patients to State Soldiers Home. Supple-
ments '66ch.4i9. i§ '05 ch.S3, 25 Mr
f W. J. Applicant for admission to home for disabled soldiers, sailors,
marines & their wives to show enlistment from state & residence in
N. J. for last 2 yrs. Supplements '98 ch.174. 2§ '05 ch.S4, 25 Mr
g Wash. Amdg. '90 p. 269 §2 as to admission & support of married
veteran at State Soldiers Home. i§ '05 ch. 152, 9 Mr
24x8 Widows and orphans
a Ind. Wife or widow of veteran of Civil or Spanish War or Philip-
pine insurrection to be admitted to Soldiers Home regardless of age
or date of marriage. 2§ '05 ch.127, 6 Mr
b Minn. Amdg. '87 ch.148 §3: soldier's wife, widow or mother 55
yrs old & 5 yrs resident of state may be admitted to Soldiers Home;
marriage must have been prior to 1890. i§ '05 ch. 2 2 2, 17 Ap
c Pa. Amdg. '93 ch.i 18 §8 : time of discharge of children at Soldiers*
Orphans Industrial School extended. i§ '05 ch. 28, 17 Mr
d Pa. Soldiers' orphans industrial schools to be open to children of
honorably discharged veterans of Philippine War. i§ '05 ch. 137,1 7Ap
242X Organizations
a Mich. Penalty for unauthorized use of G. A. R., Loyal Legion, or
Spanish War veteran insignia. Rep. C.L.'97 §11768. 2§
'05 ch.109, 10 My
b Minn. U. S. veteran ass'n may occupy unused public building till
needed for state purposes. 3§ '05 ch. 37, 14 Mr
Munidpafities ^
a4aX-38 N. Y. STATE LIBRARY INDEX OF LEGISLATION I90S
c N. Y. Amdg. Military Code '98 ch.212 §177: veterans ass'n may
parade with arms on May i , known as Dewey day. i §
*oS ch.694, 2 Je
d S. C. Prohibiting manufacture or use of Confederate cross of honor
except according to rules of United Daughters of Confederacy. 2§
'05 ch.478, 7 Mr
2423 G. A. R.
a HI. Incorp. & dissolution of G. A. R. post; ownership of cemetery
lot. s§ '05 p.123, 18 My
3426 Spanish War veterans
a Ind. Amdg. '91 ch.33: msdr. to wear badge of Naval & Military
Order of Spanish War veterans without authority or to wrongfully
assiune to be member. 2§ '05 ch.74, 3 Mr
M29 Flag
5m also 34. State flag; 353, Desecration of flag; 353, Foreign and anarchistic flags;
3336, School biiildings
a Ct, Amdg. G.S.*o2 §2140: Gov. to proclaim June 14 to be Flag
day & exercises to be held in public schools. i§ *o5 ch.146, 16 Je
»43o Local goverament
3433 Municipalities
The usa^e of terms designating local bodies varies widely in different states. The
word municipality is here used throtighout in its original and strictest meaning to
designate any dtnsely populated, incorporated community; thus including cities, villages
borotighs. hamlets and towns" (as a name for villages) but not including townships.
Where the word town is used to designate the primary division of the county, it is
grouped with township government, though in the case of the New England towns
the nature of the government approaches more clearly that of a municipality than
that of a western township.
3433 State control of cities. Home rule
a Cal. Submitting amdt. to Const. 1879 art, 11 §8: city of 3S00 may
adopt new charter. Vote Nov. 1906. i§ '05 p. 1064, 8 Mr
b Or. Referring to Leg. of 1903 amdt. to Const. 1857 art. 11 §2:
gen. laws to be passed for incorp. of cities ; cities may frame & adopt
charters without submission to Leg. Repassed in 1903 but no pro-
vision for submission. '01 p. 471, iS F; '03 p.346, 4 F
3438 Organization. Powers generally
a Cal. Misc. amdts. to charter of city of Stockton. 25 J
*o5 p.832, 2 F
b Cal. Charter of city of Santa Rosa. 103! '05 p.867. 3 F
c Cal. Misc. amdts. to charter of city of San Diego. 27 §
'oSp.90i»3^
d Cal. Misc. amdts. to charter of Santa Barbara. xo{ 'o5p.929,8P
c Cal. Charter of city of San Bernardino. 244! '05 p.940, 8 F
Municipalities
LOCAL GOVERNMENT ^438
f CaL Misc. amdts. to charter of city of Los Angeles. 6§
'05 p.980, 16 F
g Cal. Misc. amdts. to charter of city of Pasadena. 8§
*o5 p.ioii, 20 F
h Cal. Misc. amdts. to charter of Fresno City. ii§ 'o5p.zo26,a8F
i Cal. Amdg. '83 ch.49 §764 rel. to powers of city of 5th class. i§
*oS ch.S2, 3 Mr
j Ct. Amdg. charter of city of Ansonia. 42 §
'05 special acts ch.302, 13 Je
k Ct. Amdg. charter of city of Danbury & consolidating gov't of
town & city of Danbury. 51 § *oS special acts ch.309, iS Je
m Ct. Rev. charter of city of New London. 105 §
'05 special acts ch.329, 20 Je
n Ct. Com'n to be appointed to draft law for uniform system of mun.
charters; report to Leg. of 1907. 2§ '05 special acts ch.399, 6 Jl
p Ct. Rev. charter of city of New Britain & consolidating town &
city gov'ts. 172 § 'oS special acts ch.411, 6 Jl
q Ct. Rev. charter & consolidating town & city gov'ts of Stamford.
13 1§ . *oS special acts ch.442, 13 Jl
r Fla. Rev. charter of city of Miami. 64§ '05 ch.148, 5 Je
8 Fla. Incorporating city of Lake Butler. 77 § '05 ch.136
t Ga. City charters : Collins. '05 p. 740, 22 Ag; Glennville. '05 p.833,
24 Ag; Graymont. '05 p.864, 24 Ag; Jeffersonville. '05 p.903, 9 Ag;
Molena. '05 p.ioi8, 23 Ag; Reidsville. '05 p. 1083, 22 Ag; RossviUe.
'oS p.1114, 24 Ag; Royston. '05 p.1119, 24 Ag; Stillmore. '05 p.1164,
24 Ag; Summit. '05 p. 11 79, 24 Ag.
u Ind. Gen. law for town & city gov't. 272! '05 ch. 129, 6 Mr
V Me. "An act to amend charter of city of Rockland." 14!
'05 private laws ch.122, 28 F
VI Me. "An act to incorporate the city of Brunswick." 28 §
'05 private laws ch.317, 21 Mr
V2 Me. "An act to revise, consolidate & amend charter & laws of city
of Augusta." 39 § '05 private laws ch.373, 23 Mr
V3 Me. "An act to abolish the Common Council of Augusta & other-
wise amend its charter." 12 § '05 private laws ch.378, 24 Mr
V4 Minn. Amdg. '03 ch.238 §6 as to amdt. of charter of city incor-
porated under Const. art.4 §36. i§ '05 ch.253, 18 Ap
V5 Neb. Gen. law providing for incorp. & gov't of cities of the met-
ropolitan class & cities of 100,000. Rep. Ann. S.'o3 §7450-649.
2i9§ 'oSch.i4,3Ap
v6 Neb. Misc. amdts. to C.S.'o3 ch.13 art.i regulating cities of ist
class from 40,000-100,000. 13 § '05 ch.i6, 3 Ap
▼7 Neb. Amdg. Ann. S.'o3 §8338, 8407, 8436 reL to cities of ist class,
5 000-2 5,000: defective highways; gas, power & light; taxes. 4§
'05 ch.23, 4 Ap
v8 Ncv. Rev. '03 ch.102, charter of city of Reno. io4§
'05 ch.71, 13 Mr
w Ncv. Charter of city of Sparks. 61 § '05 ch.83, 15 Mr
W2
H.J.
nance.
W3
N. Y.
W4
N. Y.
W5
N. Y.
w6
N. Y.
W7
N, Y.
w8
N. C.
X
N. C.
Municipalities
2438 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
wi N. H. Generally amdg. charter of city of Portsmouth. 37 §
*oS ch.2i2, 9 Mr
Subjects for mun. or township license & regulation by ordi-
2§ '05 ch.197, 28 Ap
Rev. charter of city of Coming. is6§ '05 ch. 142, 6 Ap
Misc. amdts. to charter of city of Auburn. 66§
'05 ch.3S6, 29 Ap
Charter of City of Tonawanda. 247! '05 ch.357, 29 Ap
Amdg. charter of city of Hudson. 26§ *o5 ch.559, 18 My
Rev. charter of city of Johnstown. 318! '05 ch.S93, 24 My
Charter for Elizabeth City. 5 S § '05 private laws ch. 1 5 , 4 Mr
Rev. charter of city of Winston. io6§
'05 private laws ch.82, 4 Mr
XI N. C. Rev. charter of city of Raleigh. 99!
'oS private laws ch.36, 6 Mr
X2 N. D. "An act for . . . organization & gov't of cities ..."
Rep. sundry laws. 193 § *o5 ch.62, 28 P
X3 Or. City charters: Independence. 'oS ch.23S, 22 F; Roseberg. '05
ch.236, 22 F; Philomath. '05 ch.244, 22 F; Vale. '05 ch.246, 21 F;
Turner. '05 ch.247, 10 F; Marshfield. '05 ch.251, 18 F; Eugene. '05
ch.2S2, 18 F; BrowTisville. '05 ch.254, 27 F; Halsey. '05 ch.254, 18 F;
Condon. '05 ch.256, 18 F; Toledo. '05 ch.262, 18 F; St Johns. '05
ch.265, 20 Ja; Dayton. '05 ch.268, 11 F; Gresham. '05 ch.271, 11 F;
Klamath Falls. *o5 ch.272, 13 F; Junction City. '05 ch.274, 21 F;
Athena. '05 ch.286, 27 Ja; Estacada. 'oS ch.287, 31 Ja; Newport. '05
ch.290, 6 F; Wasco. '05 ch.291, 6 F; Medford. '05 ch.292, 7 F; Mt
Angel. '05 ch.299, 9 F; Jefferson. '05 ch.300, 9 F.
X4 Tenn. Generally amdg. '79 ch. 1 1 , charter of city of Memphis. 66§
'05 ch.54, 10 Mr
Charter of city of Highland Park. 21 J '05 ch.154, 4 Ap
Rev. charter of city of Clarksville. 13! '05 ch.402, 13 Ap
Charter of Oneida. 19 § 'oS ch.529, 17 Ap
Rev. charter of city of Paris. 27 5 §
'05 special laws ch.6, 15 Mr
y Tex. Rev. charter of city of Houston. 88§
'05 special laws ch.17, 18 Mr
yi Tex. Amdg. charter of Waco City. i3§
'05 special laws ch.2S, 30 Mr
y2 Tex. Charter of city of Cleburne. 2 80 J
'05 special laws ch.47, 14 Ap
y3 Tex. Rev. charter of city of Beaumont. i38§
*oS special laws ch.49, 14 Ap
y4 Tex. Amdg. charter of city of Dallas. 5o§
'05 special laws ch.51, 14 Ap
75 U. Rev. R.S.*98 §206 rel. to powers of city councils. i§
*o5 ch.42, 7 Mr
y6 W, Va. Rev. 'S2 ch.44: charter of city of Benwood. 5o§
•oS ch.2, 7 F
3^5
Tenn.
x6
Tenn.
ac7
Tenn.
x8
Tex.
MunicipaHties
LOCAL GOVERNMENT 2438-39
y7 W. Va. Charter of Central City. 55§ '05 ch.4, 16 F
y8 W. Va. Rev. '97 ch.99: charter of city of Bluefield. 87 §
*o5 ch.3, 17 F
z W. Va. Rev. '44 ch.124: charter of city of Philippi. 46!
'05 ch.13, 22 F
zx W. Va. Rev. charter of city of Salem. 36! *oS ch.i4, 22 F
Z2 W. Va. Charter of city of Williamson. 4o§ '05 ch.15, 22 F
Z3 W. Va. Charter of city of McMechen. 43! '05 ch.12, 24 F
Z4 W. Va. Amdg. C. ch.47 §28 & adding §49a rel. to powers of mun.
corp. 2§ '05 ch.S3, 24 F
Z5 W. Va. Charter of city of Belington. 46§ *oS ch.i, 28 F
2439 Aimexation and exclusion of territory
a Cal. Amdg. '89 ch.280 §1 : on petition of majority [^] voters elec-
tion to be held as to exclusion of territory from municipality; if
adverse vote, not to be voted on within 3 yrs. 2§ '05 ch. 5 51, 21 Mr
b Fla. Municipality over 10,000 may be extended to include adja-
cent territory by ordinance of council & § vote of electors ; Jackson-
ville excepted. 4§ *oS ch.93, 29 My
c Id. Method of annexing to municipality adjacent property in
S-acre tracts laid out in blocks or lots. 3§ *o5 p.391, 8 Mr
d Ind, Providing for extension of boundaries of city between 6000
-7000 not operating under special charter. '03 ch.ios, 7 Mr, Un-
const. Arbitrary classification in effect local legislation. Town of
Longview v. City of Crawfordsville 73 N.E. 78 (1905).
e Kan. Amdg. G.S.'oi §1052 rel. to extension of limits of city of 2d
or 3d class. 2§ '05 ch.118, 7 Mr
f Minn. Procedure to secure inclusion of land of state inst. in cor-
porate limits of city. i§ '05 ch.iio, 5 Ap
g Minn. City under 10,000 may annex adjoining unincorporated
land; proviso; procedure. 4§ 'oS ch.191, 15 Ap
h Minn. Land not exceeding 50 acres on petition of 500 resident
voters may be annexed to adjoining city of 50,000. 3§
'05 ch.219, 17 Ap
i Minn. City under 10,000 may annex adjoining platted land on
petition of owner. 2§ '05 ch.220, 17 Ap
j Minn. District Court may separate from village limits unplotted
tract of 80 acres used solely for agricultural purposes on petition of
owner. 2§ '05 ch.273, 18 Ap
k Minn. Village under 1000 may annex adjacent tract of 320 acres
on unanimous petition of resident voters; proviso. 2§
'05 ch.281, 18 Ap
m Mon. Platted tract of land contiguous to incorporated city or
town may be embraced within corporate limits. Rep. P.C. §4726. 2§
'05 ch.30, 21 F
n Pa. Amdg. '03 ch. 260 §1 : proposition to annex municipality or
township to city to be submitted to vote on petition of 5% [20%]
legal voters. i§ '05 ch.isS, 19 Ap
Mtinicipalities
2442-54 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
2442 Classification of pities
a N. Y. Amdg. '98ch.z82 §2 rel. to entrance of city into ad class
under census of 1905. i§ '05 ch.501, 17 My
b U. Amdg. R.S.*98 §174-75^ classification of cities ist class 30,000
[20,000], ad class 5000-50,000 [5000-20,000], 3d class under Sooo. a§
•05 ch.99, 9 Mr
2443 Consolidation
a Pa. Amdg. '93 ch.278 §2 as to adjustment of indebtedness by
agreement on consolidation of 2 boroughs. i§ '05 ch.zoi, 10 Ap
b Pa. Boroughs in different counties may consolidate; county con-
taining borough I St incorporated to have jurisdiction over new bor-
ough. Supplements '93 ch.278. 3§ '05 ch.113, 14 Ap
c Pa. Two contiguous cities in same county may consolidate by
annexation of smaller by larger; procedure; apportionment of debts.
i2§ '05 ch.i6z, 20 Ap
2444 Incorporation. Dissolution
a Kan. Amdg. '86 ch.66 §2: town of 200 [250] may incorporate as
city of 3d class. a§ '05 ch.123, 9 Mr
b Ife. Amdg. R.S.'o3 ch.4 §115: organization of unorganized place
[township]. i§ 'oS ch.2, 8 P
c Minn. Amdg. G.S.'94 §914 rel. to procedure to secure incorp. as
town. i§ 'oS ch.X43, 11 Ap
d N. Y. Amdg. village law '97 ch.4 14 §25: cost of sustained appeal
to prove regularity of vote in favor of incorp. to be village charge. i§
•05 ch.404, 16 My
e Okl. Incorp. of town under 1500 located in 2 counties: division
into 2 districts, i within each county; election of i trustee for each
ward & I at large. 2§ '05 ch.8 art.8, 13 Mr
f Pa. Amdg. '89 ch.247 art.i §1 as to vote on proposition to form
city of 3d class. i§ '05 ch.95, 10 Ap
g S. D. Amdg. P.O. §1418: minimum for incorporating town, 50
voters & 200 inhabitants. 2§ '05 ch. 169, 7 Mr
h Tex. Disposition of corporate property & collection of taxes to
pay indebtedness on dissolution of municipality. 6§
'oS ch.134. 17 Ap
2446 Liability for injuries
See also 471. Torts; 2728, Roads
a lU. Notice of suit against mtmicipality for personal injury must be
filed within 6 mo. & action begun within i yr. 4} '05 p.iii, 13 My
2448 Public printing and advertising
See also 697, Legal notices
a N. J. Publication of call for proposals for city printing contract.
Supplements '02 ch.107. i§ '05 ch.29, 14 Mr
2454 Wards
a N, J. Mayor of 2d class city on petition of 50% governing bd to
appoint com'n of 3 to redivide into wards. 2§ '05 ch.69,^30 Mr
Municipalities
LOCAL GOVERNMENT ^454-63
b N. ¥• Amdg. village law '97 ch.414 §49, 55: village of 2d class
may elect trustees by wards; annual meeting in 2d or 4th class vil-
lage. 2§ '05 ch.290, 22 Ap
c Pa. "An act authorizing creation, division & consolidation of
wards, in cities of 2d class ... " 5§ '05 ch.213, 24 Ap
d Wis. Amdg. S.'98 §925 subdiv.14 as to change of ward lines in
cities of 2d, 3d & 4th classes. 2§ '05 ch.123, 29 Ap
2455 Legislative body. Council
a Fla. Meetings of city or town council or bd of aldermen to be pub-
lic & records to be open to inspection. 4§ *o5 ch.92, 24 My
b Me. "An act to abolish common council & increase membership
of bd of aldermen of dty of Portland." 13 §
•05 private laws ch.287, 18 Mr
c N« J. Election & term of council in city organized under '02 ch. 107.
2§ *o5 ch.2S6, 2 Je
d N. y. Misc. amdts. to Greater N. Y. charter, '97 ch.378 rel. to
powers of bd of aldermen & bd of estimate & apportionment. 15 §
'05 ch.629, 26 My
e Pa. Amdg. '93 ch.67 §2 : chief burgess to attend meeting of bor-
ough council for election of officers. z§ '05 ch.156, 18 Ap
f Wis. Cities of 2d 3d & 4th classes may have i or 2 aldermen from
each ward, on ordinance of common council & majority vote at gen.
mun. election. i§ *oS ch.92, 20 Ap
2459 Number
'a N. Y. Amdg. village law '97 ch.414 §67: village mun. bd may
consist of 5 [3] members. i§ '05 ch.66, 15 Mr
2460 Salaries
a Wis. Amdg. S.*98 §890: resolution providing annual salary for
village trustees to be submitted to vote at following annual election.
2§ *o5 ch.44, 29 Mr
2461 Terms
a Wy. Amdg. '01 ch.69 §3 rel. to term of council in city of 10,000
with special charter. 2§ 'o5ch.22,ioF
2462 Vacancies
a Ari, Amdg. R.S.'oi §563 rel. to filling vacancy in town council. 2§
•05 ch.38, 16 Mr
b Mo. Amdg. R.S.'99 §6046 rel. to filling of vacancy in town or
village bd of trustees. i§ '05 p.76, 8 Ap
c If . J. Governing body of municipality may fill vacancy in bd of
chosen freeholders till gen. election. Supplements S.'46 p.i8i. 2§
'oSch.7,2iF
2463 Ordinances
a 111. Amdg.*97 p.ioi §4 rel. to form of ordinance for local improve-
ment. i§ *o5 p.ioi, 18 My
Munidpatities
2465-73 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
2465 Enactment
a 111. Adoption of ordinances for local improvements in cities of
2p,ooo-5o,ooo; referendum in cities of 28,000-50,000. '03 p.ioi, 15 My.
Unconst. Arbitrary classification to evade const, provision against
local legislation. L'Hotev. Village of Milford 72 N.E. 399 (1904).
b Mich. Amdg.'95, ch.2is pt 9 §1: ordinance in city of 4th class to
require majority vote of aldermen exclusive of mayor. 1 §
'05 ch.246, 16 Je
2466 Enforcement
a Cal. Amdg.'83 ch. 49 §769, 806, 882 rel. to violation of mun.
ordinance in city of 5th & 6th class. 3§ '05 ch.74, 7 Mr
b N. J. Amdg. '99 ch.52 $20, 78: city under 12,000 may prescribe go
[30] days penalty for breach of ordinance. 4§ '05 ch.199, 28 Ap
2467 Publication and compilation
a Minn. Amdg. '85 ch. 145 §49 rel. to publication of village ordinance.
i§ 'oS ch.26, 2 Mr
2468 Mayor
a N. J. Town councilman at large to be designated "mayor." Sup-
plements '95 ch.113. i§ 'oS ch.164, 17 Ap
b N. J. On death of mayor, president of bd having control of finances
to act till next election. 2§ *oS ch.196, 28 Ap
2469 Salary
a Pa. Borough may pay salary to chief burgess not to exceed $50
annually for each 1000 inhabitants. i§ '05 ch.85, 7 Ap
2470 Term
a N. Y. Term of mayor of New York to begin at noon on Jan. i after
election. '01 ch.466 §94, 22 Ap. Unconst. Term of mayor except in
3d class city to expire at end of odd numbered yr. People v. Fitz-
gerald 73 N.E.5S (1905).
b Wy. Amdg. '01 ch.69 §2 rel. to term of mayor in city of 10,000
with special charter. 2§ '05 ch.22, 10 F
2473 Municipal civil service
See also 38(2. Civil service examination ; as88, Financial officers. Laws relating to
election, salary etc. of a particular officer are classified under the name of the officer.
a Ct. Amdg. G.S.*o2 §4443: town shall [may] appoint tree warden.
i§ '05 ch.114, 6 Je
b Id. Amdg. '99 p. 192 §4, 6, 60 rel. to officers in cities of 2d class:
election of councilmen, clerk & police judge; term of officers [except
councilmen] 2 yrs [i]. z\ '05 p. 385. 1 5 Mr
c 111. Term, salary & powers of mun. officers in Chicago; to be ac-
cepted or rejected by people at election designated by city council.
Adds art. 12 to '72 p. 2 18. 8§ '05 p.105, 18 My
d Kan. Amdg. '03 ch.122 §16 rel. to election & compensation of offi-
cers in city of 1st class. 2§ '05 ch.114, 7 Mr
e Kan. Amdg. '03 ch.122 §173 as to injunction against unauthor-
ized act of officer of city of ist class. 2§ *oS ch.113, 9 Mr
MunidpaHties
LOCAL- GO VJERNMENT 3473-7^
f N. J. Mayor of city of ist class to appoint Civil Service Com'n for
fire & police dep'ts. 9§ '05 ch.120, 7 Ap
g N. M. Election & term of officers of town or village. 3§
'05 ch.47, 10 Mr
h N. M. Mun. officer not to be personally liable for official act. 2§
*oS ch.67, 14 Mr
i S. D. Amdg. P.C. §1431-32, 1455: town officers to hold office till
3d Tues. in May; marshal appointed by trustees [elected by people].
4§ *o5 ch.170, 16 P
j Wy. Term & salary of mayor & council in city or town of 1000-3 Soo
not a city of ist or 2d class. a§ '05 ch.74. 21 P
3474 Appointments. Election
a Mo. City under 3000 having special charter to elect officers every
a yrs. 2§ 'oS p.83, 8 Ap
b N. J. "An act rel. to time of election, appointment & term . . .
of officers . . . in . . . townships ... & mimicipalities. . ." 8§
'05 ch.3, 15 F
Amended. '05 ch.192, 27 Ap
c H. J. Governing body of 3d class city may fill vacancy in elective
office till Jan. election, i§ '05 ch.13, i Mr
e Okl. Amdg. S.*93 §653-54/03 ch.7 art.i §6: certain officers to be
elected annually in incorporated towns not cities of ist class ; z trustee
to be elected from each ward [district]; marshal to be elected [ap-
pointed by trustees] ; manner of election. 4§ '05 ch.8 art. 10, 20 F
I Pa. Amdg. '85 ch.3 3 art. 12 §1: directors of public safety & works
in city of ist class to be elected by select & common coimcils for term
of 3 yrs; subject to removal by same bodies. 4§ *o5 ch.242, 5 My
g S. C. In town under 1000 new election to be held when regular
election fails for any reason. Adds '96 ch.3 7 §23. i§
'05 ch.469, 4 Mr
h Wis. Emergency appointments in cities of ist class. i§
•05 ch.88, 17 Ap
3476 Qualificatioiis
a Id. Amdg. '99 p. 192 §9, 42 reL to qualifications of officers & trus-
tees in cities of 2d class. 3§ '0$ p.351, 27 P
3477 Salaries. Fees
a 111. Municipality over 100,000 may create employees pension fimd
by deducting from i%-2%oi annual wages; trustees beneficiaries;
reports. i4§ '05 p.96, 16 My
b Minn. Salary of mayor or common councilman in city tmder 10,000
not to exceed $100 a yr; exceptions. 4§ '05 ch.301, 19 Ap
c N. Y. Amdg. '98 ch.182 §452 : official fees in city of 2d class to be
paid into city treasury. i§ '05 ch. 5 06, 17 My
3478 Tentire of office. Discipline
a Cal. Submitting amdt. to Const. 1879 art. 20 §16: provision of
mun. charter to control tenure of office of employees. Vote Nov. 1906.
i§ 'oS p.1063, 7 Mr
N. Y. STATE LIBRARY INDEX OF LEGISLATION 1 905
b N. Y. Amdg. Greater N. Y. charter, '97 ch.378 §94, 97, 382 : tenn of
mayor, compt. & borough presidents 4 [2] yrs. 3§
•05 dL633, 26 My
c Wis. Regulating terms of officers in cities other than ist class.
Rep. '01 ch.443, '03 ch.28. 2§ '05 ch.233, 2 2 My
2480 Special officers
2484 Clerk
a Fla. Town or city clerk may appoint deputy. 2| '05 ch.91, 27 My
b IlL Term of village clerk 2 yrs; filling vacancy. 2§
*o5 p.ii2, 13 My
c N. J. Borough clerk to file name & address with county clerk.
Supplements '97 ch.i6i. i§ '05 ch.131, 12 Ap
d Wis. Amdg. S.'98 §925 subdiv.25 as to manner of choosing city
clerks in cities of 4th class. i§ *o5 ch.215, 16 My
3492 County and township government
See also Specific functions of coxinties and towns — Roads, Charities
Drainage etc.
a Mich. Amdg. '51 ch.156 §11 rel. to powers of county supervisors.
i§ 'oS ch.98, 4 My
b Minn. County com'rs may change cotinty name on petition of 55 %
of legal voters. 2§ '05 ch.238, 18 Ap
2493 Boundaries
a Pa. "An act to provide for running, relocating ... & marking of
county lines." Rep.*76ch.29. 9§ '05 ch.115, 14 Ap
b Wash. Rep. '9 1 ch.144 §1 rel. to annexation of certain cotmty ter-
ritory by neighboring cotmty. i§ *o5 ch.34, 24 P
2494 Classification of counties
a Mon. Amdg. P.C. §4328 rel. to classification of counties. 3§
'05 ch.2o, 16 F
b N. M. Classification of covmties. i2§ '05 ch.6o, 14 Mr
2495 County seats
a Ga. Holding of court & place of county offices when cotmty site
is removed. 3§ 'oS p. 104, i8 Ag
b Mo. Amdg. R.S.'99 §6740 rel. to removal of cotmty seat. i§
*o5 p.114, 20 F
c Neb. Amdg. Ann.S.'o3 §4410 rel. to location of county seat: excep-
tion. 2§ '05 ch.42, 4 Ap
d N. M. Amdg. C.L.*97 §630 rel. to removal of county seat. i§
'05 ch.119, 16 Mr
2497 County records
5«ff also 396, Conveyance: asaa(s. Recorder
a Cal. Recorder may destroy contracts, plans & specifications on
file 2 yrs after completion of work unless notified to retain. Adds
P.C. §4247. i§ '05 ch.ii. IS F
LOCAL GOVERNMENT
b Cal. Amdg. P.C. §4235 as to form of county record. i§
'05 ch.53, 3 Mr
c Fla. County where records concerning title to property are de-
stroyed may condemn abstracts, maps etc. made from records, for
public use; proceedings. i2§ '05 ch.43, 7 Je
d Mich. Amdg. C.L. '97 § 1 1 238 rel. to obtaining free copies of records
from Probate Court & register & county treasurer: Sup*t of Public
Instruction to obtain free copies. i§ '05 ch.144, 25 My
e Minn. Coimty com*rs may direct transcription of worn or injured
record books. i§ '05 ch.295, 19 Ap
f Nev. "An act requiring county & district recorders to enter in
receiving book each document . . . filed in his office, & providing for
file number ... on official records." 3§ '05 ch.124, 13 Mr
g U. Amdg. R.S.*98 §1022 as to definition of "folio" in records filed
with county recorder. i§ '05 ch.48, 8 Mr
h U. Recording instruments in office of county recorder. i§
'05 ch.51. 8 Mr
i Wis. Affidavits & notices in sale of lands for taxes by county
treasurer to be entered in record book; record to be received in evi-
dence. Adds S. '98 § 1 141a. i§ '05 ch.379, 14 Je
2498 New counties. Consolidation. Division
a Ga. Organization of new cotmties. 2o§ '05 p. 46, 21 Ag
b N. D. Amdg. R.C.'99 §1855 as to temporary appointment of com'rs
in new counties. 2§ *o5 ch.75, 9 Mr
c S. C. Investigation on application to create new county as to com-
pliance with const, requirements; com'n duties. 5§ '05 ch.460, 21 P
aso X Governing body
a 111. Amdg. R.S.'74 ch.34 §61 rel. to organization & powers of
com'rs of Cook county. '05 p. 135, 18 My
b Wash. Employment of special atty. by county com'rs. i§
'05 ch.25, 17 P
2504 Election. District. Vacancies. Number. Term
a Id. Submitting amdt. to Const. 1889 art. 18 §10: county com'rs to
be elected for 4 [2] yrs. Vote Nov. 1906. 3§ *oS p.437, 2 P
b Neb. Amdg. C.S.'o3 §2430-31 as to election & term of coimty
com'rs in certain counties not tmder township organization. 3§
'05 ch.46, 4 Ap
c Neb. Amdg. C.S.'o3 §2666-68: supervisors selected in counties
under township organization to hold office till gen. election tn even yr
following selection; term 4 [2] yrs. 4§ '05 ch.54, 4 Ap
d N; D. Redistricting of com'r districts in counties annexing unor-
ganized territory. 2§ 'oS ch.71, 25 P
« Wash. Vacancy in bd of county com'rs to be filled by remaining
members & judge of Superior Court. BalUnger Ann.C. & S.'97 §327.
Unconst. Const, art. 1 1 §6 provides that vacancy in coimty office be
filled by bd of county com'rs. State v, Fulton 79 P 779 (1905).
Counties
2505-15 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
2505 Meetings
a Wy. Amdg. R.S.'gp §1057 rel. to meetings of bd of county
com'rs. 3§ '05 ch.84, 21 F
2509 Reports. Records
a Ct. Amdg. G.S/02 §1749-50: county com*rs to publish annual
financial statement & jail returns for yr ending Sep, 30 Qtme 30]. 3 §
*oS ch.133, IS Je
25x0 Salaries. Fees
a lU. Fees in cotmty of ^d class. 5§ '05 p.26x, 16 My
b Me. Salary of coimty com'rs. Rep. R.S.*o3 ch.8o §22-24. 3§
*o5 ch.117, 21 Mr
0 Mich. Amdg. '51 ch.z56 §30 rel. to compensation of bd of super-
visors at special sessions in cotmties of Upper Peninsula: exception.
i§ '05 ch.237, 16 Je
d T^^titi, Salary of com 'r in county of 150,000-200,000, $750. 2§
'05 ch.318, 19 Ap
e Neb. Amdg. Ann. S. '03 §9053 rel. to compensation of county com'rs
in counties with or without township organization. 2 § *o5 ch.7 1 , 3 Ap
f N. M. "An act regulating salaries of county com'rs." i§
'oS ch.22, I Mr
g Pa. Salaries of county com'rs. 2§ '0$ ch.122, 14 Ap
h S. D. Compensation of county com'rs. i§ '05 ch. 7 7, 7 Mr
i Wash. Amdg. '93 ch.75 §8 rel. to mileage of coimty com'rs. i§
'05 ch.117, 9 Mr
35x2 County civil service
Set also ^8(3, Civil service examination ; a s 88 , Financial officers. Laws relating to
election, salary etc. of a particular officer are classified under the name of the officer.
a CaL Amdg. P.C. §4116 rel. to offices & hrs of county officials. 1}
'05 ch.273, 18 Mr
b Id. Submitting amdt.to Const. 1889 art. 18 §6 rel. to county, town-
ship & precinct officers. Vote Nov. 1906. 3§ '05 p.439, i Mr
c Mon. Amdg. P.C. §4597, 4602 rel. to number of deputies allowed
county officers. 3§ '05 ch.75, 3 Mr
25x3 Appointment. Election
a S. C. Clerk of County Court to record name of person elected to
office &date of election. i§ *o5 ch.491, 7 Mr
35x4 Oath. Installation
2515 Bonds
a Neb. "An act to amend §19 of ch.io C.S.'99" authorizing county
to pay for official bonds. '01 ch.ii, i Ap. Unconst. Act amended
mere list of officers & bonds; subject not included in title. Knight &
Lancaster Co. 103 N.W. 1064 (1905).
b Wis. Amdg. S. '98 §702 as to payment of premium on bond of cotmty
treasurer & county clerk. i§ '05 ch. 2 04, 16 My
c Wis. Amdg. S.'gS §1966 subdiv. 38: cost of bond of county officers
to be fixed by agreement between county bd & surety co. & not
limited to \%oi amount of bond. 2§ '05 ch.205, 16 My
LOCAL GOVERNMENT
25x6 Qualification
A Cal. Amdg. '97 ch.287 §54-55 rel. to qualifications of county
officers. S§ '05 ch.5s6, az Mr
25x7 Salaries. Fees
a Ari. Amdg. R.S.'oi §2609 rel. to payment of salaries of officers in
county of ist class. 2§ '05 ch.ii, 2Z P
b Cal. Amdg. '97 ch.277 §215 rel. to fees of county officers. i§
'05 ch.43Z, 21 Mr
c CoL Classification of counties for regulation of salaries of county
ofiicers. 3§ '05 ch.88, 10 Ap
d Del. County officers to be paid fixed salaries in lieu of fees. Rep.
'01 ch.73, *o3 ch.294, 335. i4§ 'oS ch.6o, 6 Ap
e Kan. Clerk hire in offices of county officials to be paid direct to
employee; official in charge to receive no part of it. i§
'05 ch.22S, 8 Mr
f N. M. Salaries of certain county officials. 12 § '05 ch.6o, 14 Mr
g N. M. Compensation of probate clerk & ex officio recorder. Rep.
•01 ch.a7 §6 rel. to salary of county sup't of schools. 3§
'05 ch.117, 16 Mr
h N. D. Fixing salaries of deputies in cotmty offices. 4§
'OS ch.79, 7 Mr
i Or. Amdg. '03 (special session) p. 2 6 rel. to fees of recorders of con-
veyances & certain county clerks. i| '05 ch.27, 6 F
j Or. Amdg. Ann.C. & S. §3937-38 rel. to salaries of different officers
of Douglas county. 3§ *o5 ch.94, 18 P
k S. C. "An act to fix . . .compensation to be paid to county
officers. . . " 55§ *o5 ch.462, 22 P
m U. Amdg. R.S.'98 §2057 rel. to salary of county officers.
'oS ch.8i, 9 Mr
n Wash. Amdg. *9op.302 §3 rel. to salary of officers in county of ist
class. i§ '05 ch.2i, IS F
25x8 Tenure of office. Discipline
a Neb. Amdg. Ann. S. '03 §9244: District Court [bd of county com'rsJ
to have exclusive original jurisdiction in case of removal of cotmty
officers. 2§ *o5 ch.Si, i Ap
25x9 Special officers
a Neb. Rep. Ann.S.'o3 §4465 which authorized county bd to employ"
coimty atty. at $1000 salary. i§ *o5 ch.45, 29 Mr
252X Clerk
a T^^titi, Town clerk may hold office in village which prior to incorp.
was part of town. i§ '05 ch.98, 31 Mr
b ' Okl. Amdg. '97 ch.15 art.i §27 as to annual allowance to county
clerks for clerk hire. 2§ '05 ch.19 art.i, 10 Mr
c Or. Amdg. Ann.C. &S. §2570 rel. to qualifications & election of
clerk of Multnomah county. i§ '05 ch.93, 18 F
d U. Amdg. R.S.'98 §972 rel. to county clerks* fees. i§
*os ch.73, 9 Mr
Towhb
a5az-a6 n. y. state library index of legislation 1905
^ Wy. Amdg. R.S.'qq §1140 rel. to appointment & pay of deputy
county clerk. i§ '05 ch.25, 10 F
3527(5 Recorder. Register of deeds
a HI. Amdg. R.S/74 ch.115 §9 as to office hrs & fees of recorder of
deeds. i§ '05 P.3S2, 16 My
b Me. Amdg. R.S. ch.117 §18: fee for recording certificate of incorp.
•& copies for filing with Sec. of State, $5. x § '05 ch. 154, 24 Mr
c Me. Salary of register of deeds. i§ '05 ch. 173, 24 Mr
d Neb. Amdg. C.S.*o3 §2455, as to time of election of register of
■ deeds in counties of 18,003. §2 '05 ch.47, 4 Ap
e H. J. County register of deeds & mortgages may appoint deputy;
duties, bond. 6§ '05 ch.is, 7 Mr
f H. J. Amdg. 'o4ch.i8§i: county of u 0,000 [99,000] to have
register of deeds; proviso. i§ *o5 ch.214, 28 Ap
g S. D. Amdg. '03 ch.207 §1: in county of 30,000 bd of county
com*rs may allow register of deeds $1500 a yr. . 2§ '05 ch. 15 2, 7 Mr
h U. Amdg. R.S.'98 §628: recorders to take acknowledgments &
administer oath. i§ '05 ch.8, 15 F
i U. Amdg. R.S.*98 §973 rel. to fees of cotmty recorders. i§
'05 ch.47, 8 Mr
2523 Surveyor. Engineer
Set also 386, Property lines
a Heb. In counties of 50,000 surveyor to be ex officio engineer. '03
ch.32, 8 Ap. Unconst. There being but two counties with that
population, act is in effect local. State v. Scott 100 N.W.812 (1904).
b Heb. Amdg. C.S.'o3 §2523: county surveyor in counties of 50,000
to be cotmty engineer; powers and duties. 2§ '05 ch.50, 30 Mr
c O. Judges of Court of Common Pleas of each county to fix salary of
county surveyor. '04 p. 3 13, 25 Ap. Unconst. Leg. power can not
be delegated. State v. Rogers 73 N.E.461 (1905).
d Pa. Amdg. '83ch.io2 §1: county engineer may appoint deputy
removable at pleasure; salary $2500. i§ '05 ch.120, 14 Ap
e Tex. Amdg. R.C.S.*95 art. 4070: during vacancy of office of coimty
surveyor, surveyor of nearest county or district may act. i§
*oS ch.151, 18 Ap
3526 Townships. Towns
Under this head are included governments that constitute the primary ^division
of the county. In the New England states and in New York and Wisconsin towns
are primary divisions of the county and arc classed here ; in many states they are
densely populated incorporated communities and are classed with municipalities. In
Illinois ana Minnesota the primar>' division of the county is called both '*town and
township" and in Illinois there are besides a number of mcorporated towns.
a Mass. To\m bylaws adopted prior to '04 ch.344 to continue in
force without approval of Atty. Gen. Rep. '04 ch.344 §2. i§
'05 ch.144, 7 Mr
b Mich. Sec. of State to publish Township Officers* Guide & dis-
tribute to township officers. 7§ *o5 ch.294, 17 Je
c Pa. Townships of ist class not having required population may
change to 2d class. 2§ '05 ch. 18, 14 Mr
LOCAL GOVERNMENT
d Pa. Amdg. '99 ch.86 §7 subdiv.9: township may prescribe $30
[$io] fine for breach of ordinance. 2§ '05 ch.i6o, 19 Ap
3527 Records
a Ct. Public records in municipality & probate district: record of
instruments by town clerks; fees; fireproof vaults. Rep. G.S.*02
§1848. 6§ '05 ch.239, 18 Jl
3530 Organization. Division. Consolidation. Dissolution
a Mich. Amdg. '51 ch.156 pt 85 §14: bd of supervisors to vacate or
alter township boundary by § [majority] vote. i§ *o5 ch.46, 6 Ap
b Mich. Amdg. '69 ch.66 §2 as to fee of State Land Office for town-
ship plat. i§ 'oS ch.278, 16 Je
c H. J. Disposition of real estate when village separates from town-
ship. Supplements '04 ch,i53. i§ " *o5 ch.147, 14 Ap
d H. D. Consolidation of townships. 5§ *o5 ch.178, 7 Mr
e H. D. Amdg. R.C. '99 §2526: petition for organization of congres-
sional township with assessed valuation of $40,000. i§
'oS ch.179,9 Mr
f Pa. Amdg. '99 ch.86 §1, 2: townships of 230 [300] to sq. mile to
constitute ist class. 2§ '05 ch.72, i Ap
g Pa. Election to vote on question of division of township to be held
on petition of owners of 25% of assessed real estate. 2§
*o5 ch.2oi, 22 Ap
h Wis. Organization of new towns. Adds S.*98 §775a-e. 5§
*oS ch.2i, 20 Mr
3531 Meetings. Elections
a Ct. Amdg. Const. 18 18 by adding section: towns may hold annual
or biennial elections. Adopted Oct. 1905.
*o3 p. 207, 20 My; *o5 ch.190, 29 Je
b H. J- Amdg. '99 ch.169 §84 rel. to township election to vote on
bond issue. i§ 'oS ch.129, 12 Ap
2533 Boards. Officers
Laws relating to election, salary etc. of a particular officer are classified under
the name of the officer.
a lU. Amdg. '01 p.314 §1-2, 5 rel. to officers in township within city
of 50,000. 3§ 'oS ch.397, 16 My
b Me. Amdg. R.S.'o3 ch.4 §12 as to election of selectmen, overseers
of poor & assessors. i§ '0$ ch.170, 24 Mr
c N. J. Township of 8000 to be divided into not less than 3 wards;
township committee to consist of 2 from each ward & member at
large. Supplements '99 ch.169. 3§ *oS ch.209, 28 Ap
d N. D, Amdg. R.C.'99 §2541 rel. to election & term of township
officers. i§ '05 ch.182, I Mr
3536 Tenure of office
a Kan. Term of township officer to begin 2d Mon. in Jan. ; not to
apply to existing City Courts. i§ '05 ch.So6, 17 F
Pinaiice
»538-57 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
2538 Special officers
See also 2588, Financial officers
2542 Governing hoard
a Minn, Amdg. 0.8/94 §928 rel. to election of town supervisors. i{
•05 ch.243, 18 Ap
b M. J. Where vacancies in township bd exceed \ total membership
Gov. to appoint substitutes till next election. Supplements '99
ch. 169. i§ '05 ch.Z94, 28 Ap
c H. y. Amdg.. town law '90 ch.569 §178 subdiv.3 rel. to fees of
town supervisors. i§ '05 ch.642, 36 My
:r55o Locol finance
Only the furtly financial matters are here placed. Authorization of taxes,
assessments, bonds etc. for special municipal jpxirposes — schools, libraries, lights,
streets etc. are classified under these heads. They are however also indexed tmdor
Taxes etc. Miscellaneotis provisions as to assessment and collection of taxes in
local bodies are under Taxation, as such provisions usually apply to all cIsmm
of taxes. See particularly 2337, School finance.
2552 Property
2554 Eminent domain
. a Wis. Villages or cities specially incorporated, except cities of xst
class, condemning lands for public grounds & buildings to take fee
simple title, otherwise only title to necessary interest. 2 }
'05 ch.240, 34 My
2555 Buildings and grounds
a Hon. County com'rs to issue bonds for purchase of building site.
Adds P.C. J4230 subdiv.27. 2§ '05 ch.40, 37 P
b Hon. ^Amdg. P.C. §4240 rel. to issue of bonds by county com'rs to
redeem bonds given for purchase of building sites. 2 § '05 ch.4 1 , 27 F
2556 Municipal
a HI. Petition for election to decide on purchase or lease for over
S yrs of town hall to be presented by 2 5 electors, i § '05 p.39 7,13 My
2557 County
a Id. Counties may issue bonds for erecting county buildings on }
vote of electors at special election. Rep. R.S.*87 §1762. 6§
'o5p.73. 31 P
b Id. Amdg. R.S. '87 §1761: county offices to be provided for county
assessor, surveyor and sup't of public instruction. i§ '05 p. 228, 8 Mr
c Minn. County may condemn site for public building. 9§
'05 ch.7, 9 P
d Minn. County without courthouse may incur bonded debt to buHd
one. 7§ *o5 ch.i7S. 14 Ap
e Minn. County of 7 5, 000 may erect new courthouse or jail; com*n
of 5 to superintend work. 9§ *o5 ch.232, 17 Ap
f H, J. "An act to provide accommodations for courts & county
offices ..." to apply only to counties of 200,000. '01 ch.133,
22 Mr. UnconsU Arbitrary classification making act special. Dick*
inson v. Bd of Freeholders of Hudson Co. 60A.220 (190$).
LOCAL GOVERNMENT
' g N. M. County corners may levy tax for erection of suitable jail or
courthouse. 3§ *o5 ch.54, 13 Mr
h N. D. Amdg. R.C.'gp §1925 rel. to contracts for county build-
ings. 2§ 'oS ch.7a, 13 Mr
i Vt. Auditor to decide proportion of janitor service for county
courthouses to be paid by state. i§ '04 ch.zya, x6 N
3558 Insunuice
a Mass. "An act to authorize cities & towns to establish mun. build-
ing insurance funds. ' * 4 } '05 ch. 1 9 1 , 1 7 Mr
b N. J. '*An act to authorize cities ... to insure their btiildings.*'
8§ 'oS ch.33, 14 Mr
3559 Property and supplies generally
a Ct. Establishing bd of contract & supply for city of Hartford. 3§
'05 special acts ch.216, iz My
3560 Contracts
3562 Officers interest in contracts
a U. Amdg. R.S.'98 {1890: trustee not to have pecuniary interest
in school-building contracts. i§ '05 ch.57, 9 Mr
3564 Sale of property
a Or. County court may sell any county land used for poor farm or
not used for county purposes; reinvestment of proceeds. 3§
•05 ch.2oi, 21 P
3566 Taxes
See also 2577. Tax levy
a N. M. Mun. corp. may levy tax for light & water supply; proviso.
2§ '05 ch.63, 14 Mr
3569 Special assessments
Sew also Special ptirposes of assessments: streets, sewers, drains etc.
a Cal. Amdg. '85 ch.153 §3 as to time of hearing objection to mun.
assm't for gutter, i§ '05 ch.67, 6 Mr
b HI. Amdg. '97 p.ioi §37 as to jurisdiction of City Court over peti-
tion for special assmt. of tax. i§ '05 p. 102, 13 Ap
c lU. Amdg. '97 p. 1 01 §59 rel. to supplemental assmt. for local im-
provement; procedure. i§ *o5p.io3,i8 My
^ d Kan. Amdg. G.S.'oi §972 as to assmt. for paving & improving
squares. 2§ *o5 ch.ii6, 4 Mr
e Mon. City or town may levy special assmt. in instalments & issue
improvement bonds on property benefited. s§ *oS ch.73, 3 Mr
f N. J. Consolidated or annexed municipalities may make assmts.
for improvements authorized before consolidation. 3§
'05 ch.219, 29 Ap
g Or. Amdg. '93 p. 171 §1: resident of city or town [city of 2500]
may pay certain assmts. by. instalments. i§ '05 ch.2S, 3 F
h Wash. County land in corporate limits may be taxed for local
improvements. 4§ *o5 ch.29, 23 P
i Wash. State land in corporate limits of city or town may be
assessed for local improvements; provisos. 7§ . '05 ch. 144, 9 Mr
nuance
2569-77 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
j Wash. Assmt. by city council for local improvement can be chal-
lenged only on ground of fraud. i§ '05 ch.iSo, 9 Mr
3572 Collection
a Minn. Amdg. '02 ch.2 §51 rel. to apportionment of penalties on
delinquent special mun. assmts. i§ '05 ch.239, z8 Ap
b If . J. Governing bd of city of 3d class may provide for payment of
special assmts. within 5 yrs from levy ; discounts, 2 §
'05 ch.162, 17 Ap
c If. J. Interest on overdue street improvement assmt. ; sale of prop-
erty. Supplements '98 ch.200. 2§ '05 ch.167, 17 Ap
d Wash. Procedure to foreclose delinquent special assmt. in 3d or
4th class city. 2§ '05 ch.120, 9 Mr
e ^V^. Amdg. S.'98 §i2ioeasto stay of actions arising from special
assmts. when assmt. is invalid; removal of stay. Adds §i2ioee. sj
'05 ch.294, 3 Je
2573 Reassessment
a Wis. Amdg. S.'98 §i2iod rel. to reassmt. of void special assmts.;
assmts. for building or repair of city docks. i§ '05 ch.501, 20 Je
3575 Budget. Accounts
a Ifeb. Contract not authorized by law entered into by county bd
to be void as against county ; liability of officer for fimds paid out. 3$
•05 ch.ss. 30 Mr
2577 Appropriation. Tax levy. Expenditures
a HI. Amdg, '01 p.272 §2 as to reduction of tax rate for city or
coimty purposes. i§ '05 p.365, 29 Mr
b Kan. Amdg. G.S.'oi §4700 rel. to enjoining illegal tax levy. 2 j
'05 ch.334, 4 Mr
c Minn. Amdg. G.S.*94 §1558 rel. to taxation for township purposes.
i§ '05 ch.69, 23 Mr
d Mo. Census & tax levy in city of 4th class. Adds R.S. '99 15895a.
i§ 'oS p.8o. 27 P
e Mo. Amdg. R.S.'99 §5853 as to rate of tax levy in city of 3d class.
i§ '05 p.78, 12 Ap
f Ifeb. Amdg. C.S.'o3 §2656: town tax levy for purposes other than
roads & bridges, 2 [3] mills; electors to fix amount necessary for pur-
poses; county bd to levy tax, total not exceeding 14 [15] mills. 2J
'05 ch.52, 9 Mr; '05 ch.53, 3 Ap
g If. J. In municipality where tax is raised or fixed by vote of people,
vote to be taken at gen. election in Nov. 2§ *o5 ch.4, 15 P
h If. J. Amdg. '05 ch.4 §1: tax levy except in school district to be
voted on in Nov. i§ 'oS ch.36, 15 Mr
i If. D. Amdg. R.C.'gg §2365 •fib: village trustees may levy annual
tax of 1% [i%l i§ '05 ch.i86, 25 P
j Okl. Amdg. S/03 §5997 rel. to county tax levy: for salaries 4
mills; court expenses 5 [3] mills; poor & insane jj [3] mills; supplies
7 J [3] mills. 2§ '05 ch.31 art. 5, ix Mr
LOCAL GOVERNMENT
k Or. Amdg. Ann. C.& S. §3098 as to time of filing notice of rate of
tax levy. 2§ '05 ch.7, 27 Ja
m Or. Tax levy to terminate in even mills or fractions of A mill. 2§
'05 Ch.127, 21 F
n Tex. Submitting amdt. to Const. 1 87 6 art. 8 §9: cotinty, city or town
tax of ij mills on $1 may be levied to pay jurors. Vote Nov. 1906. 2§
'oS p.411, 15 Ap
p U. Amdg. R.S.'98 §264: confirms certain special city taxes & pro-
vides for relevy of others after annulment. i§ '05 ch.74, 9 Mr
q W. Va. Amdg. C. ch.39 §29 rel. to coimty tax levies. i§
'05 ch.48, II F
2578 limit of taxation
H Nev. Amdg. '03 ch.78 §1, 2, 12: county tax for 1905 to be 2^%
less than in 1904 in county with rate not exceeding $1.50 on $1000
assessed valuation; $% reduction if 1904 rate was over that amount.
Rep. §11. 2§ '05 ch.8S, 17 Mr; '05 ch.86, 16 Mr
b S. D. Amdg. P.C. §2137: total rate of county taxation not to
exceed 10 [8] mills on $i. 2§ '05 ch.43, 24 F
' c Vt. Amdg. S. §2890: county tax shall not exceed $3000 or 2c [ic]
on $1 of grand list. i§ '04 ch.72, 29 N
d W. Va. Mun. authorities to levy but J maximtun rate fixed by
C. ch.47 or leg. act; additional tax levy only on ^ vote of electors, i j
•05 ch.50, IS F
2579 ETwij^ination anil audit
a Kan. Amdg. G.S.'oi $1695: county comVs at pleasure [once a
quarter] may order exam, of accounts of county treasurer. 2§
'oS ch.187, 4 Mr
b Mich. Amdg. R.S.'46ch.i6 §72: township bd to meet annually on
2d Tues. before annual township meeting, to audit claims, i §
'05 ch.149, I Je
c If. Y. Amdg. town law 'go ch.569 §162: member of town bd or
bd of auditors not to present for audit claim assigned to him. i§
'oS ch.89, 21 Mr
d Okl. County com'rs may appoint person as accountant & auditor
to examine & report on county affairs ; exam, biennially; bd to employ
on request of ^ voters of county. 4§ '05 ch.i, 2 Mr
e S. D. Amdg. P.C. §i452:bdof trustees of town to examine accounts
of treasurer between ist & last Mon. of Feb. [Ap]. 2§
'05 ch.171, 27 F
f Tex. Amdg. Pen.C.'gS, art. 278 rel. to furnishing detailed state-
ment of county fund by county treasurer. i§ '05 ch.149, 18 Ap
g Wash. Amdg. '93 ch.71 §5: county treasurer to account for taxes
due city of ist class on 10th of each mo. [every Mon.]. i§
'05 ch.157, II Mr
2581 Reports
a Kan. Township treasurer to publish full financial report annually
in Oct. i§ '05 ch.So7, 8 Mr
nuance
■5BX-87 N. Y. STATE LIBRARY INDEX OP LEGISLATION 190$
b Minn. Amdg. G.S.'94 §1223 rd. to publication of annual statement
of village treasurer. 2§ '05 ch.74, 94 Mr
c N. C. Amdg. C. §752: county may publish financial statement
after each monthly meeting [annucdly]. i§ '05 ch.227, z8 P
d Vt. Amdg. S. §2947 : statement of county finances to be published
in every [x or more] newspaper in county, i § '04 ch.73, 4 N
e W. Va. Mun. corp. to publish annual financial statements; con-
tents; prosecution, ij '05 ch.52, 25 F
2583 State supervision. Uniform accounts
See also 55. State examiner; 856, State accounts
a Ari. Providing for imiformity & supervision of county accounts.
Rep. Pen.C. {8x6. 9$ '05 ch.40, z6 Mr
b Ct Amdg. G.S.'o2 §2364 rel. to quadrennial return of county &
mun. debt & expenditure, zj '05 ch.22, 2 My
c Minn. Public examiner to audit accounts of city of 50,000; oom«
pensation $6 a day; exceptions, ij '05 ch.223, z7*Ap
d N. T. "An act to provide for annual reports & exam, of accounts
of counties, cities of 2d & 3d classes & villages ... of 3000 ; tabulation
of comparative statistics as to cost of maintaining . , .gov't ..." 9$
• '05 ch.7oS, 3 Je
e S. D. Amdg. P.C. §77 ^ State Auditor's report to show financial
condition of coimties. i§ '05 ch.z65, 20 P
2584 Fiscal year
a N. J. Fiscal yr in municipalities & townships except in cities of ist
& 2d classes to begin Jan. x. 2§ '05 ch.x78, 19 Ap
2585 Warrants
a Kan. Amdg. '9X ch.249 §8 as to publication of call to retire certain
mun. county & school warrants. 2§ '05 ch. 5 2 4, 9 Mr
2586 Claims. Judgments
a 111. Amdg. R.S.'74ch.34 §34 rel. to satisfaction of judgment
against coimty. i§ '05 p.i34» 13 My
b Kan. Registration & payment of judgments against city of ist
class. 4§ '05 ch.xo7, 7 Mr
c N. C. Amdg, C. §712: register as ex officio clerk of bd of county
com'rs may administer oath to persons presenting claims against
county. i§ '05 ch.S3o, 6 Mr
d Pa. Judgment rendered by justice of peace or alderman against
borough, township or school district to be filed with county prothono-
tary within i week or lose its character as record. 5§
'05 ch.207, 22 Ap
e S. D. City may issue bonds to satisfy judgment on prior bonds. S f
'05 ch.6s, 8 Mr
2587 Funds
a HI. Amdg. '89 p. 239 art.4 §3 rel. to loan of township funds. x|
'05 p.378, xa My
b Ind. Amdg. '99ch.i54j24 rel. to disposition of tmexhausted
county appropriation. i§ '0$ ch.70, 3 Mr
LOCAL GOVERNMENT
c Minn. County sinking fund may be invested in ist mortgage loans
on improved farm land to 50% of its market value, sj
'05 ch.203, 15 Ap
d Ho. Amdg. R.S.'qq §1801: Cotmty Court may loan sinking fund
at 5% [6%]. i§ 'osp.ns. 8Ap
e S. D. County may invest or loan sinking fund on vote of bd of
county com'rs; investments specified. 4§ '05 ch.zs6, 6 Mr
f Tex. Investment of sinking fund of county, city; town or school
district, xj '05 ch.ai, 15 Mr
2588 Financial officers
2589 Municipal
a Ct Creating bd of finance of city of Hartford.. 7§
'05 special acts ch.70, 5 Ap
b Mass. Term of city auditor 3 yrs in cities accepting the act. ${
'05 ch.373, 5 My
c N.J. City may increase salary of Compt. to $2500; proviso. a§
'05 ch.266, 6 Jl
2593 County
a Id. Amdg. '01 p.233 §156: county treasurers to make quarterly
reports to State Land Bd. i§ '05 p. 128, 8 Mr
b Kan. Amdg. '72 ch.67 §2: county auditor to give bond of $jooo
[$50,000]; surety co. may act as security. 2$ '05 ch.i86, 7 Mr
c Me. Salary of cotmty treasurer. i§ '05 ch. 116, 21 Mr
d Mich. Amdg. Const. 1850 art. 10 §10: Genesee county to have'
county bd of auditors. Adopted Ap. 1905. i§ '05 p.530
e Minn. Salary of auditor in county of 150,000, $4500; ntunber &
compensation of clerical assistants. 3§ '05 ch.206, 17 Ap
f Mon. Number & compensation of deputy cotmty auditors in county
of ist class. 2§ '05 ch.88, 4 Mr
f z Mon. Ntunber & compensation of assistants to treasurer in county
of ist class. 2§ '05 ch.97, 4 Mr
g Neb. Amdg. Ann.S.'o3 §9020: county treasurer required in certain
cases to give additional [freehold] surety or sureties. 3§
'05 ch.ii, 25 Mr
h Neb. Cotmty to pay premium limited to i % a yr of penalty in bond
on surety bond of county treasurer. 2§ *o5 ch.49, 30 Mr
. i N. Y. Amdg. county law '92 ch.686 §i4oa as to security for deputy
county treasurer. i§ '05 ch. 276, 22 Ap
J Pa. Gov. to fill vacancy in office of county treasurer till next gen.
election. 2§ '05 ch.128, 17 Ap
k S. D. Amdg. P.C. §1796: term of county auditor to begin ist Mon.
in March. 2§ '05 ch.75, 11 F
m S. D. Amdg. P.C. §2221 as to compensation of auditors in unor-
ganized counties. 2§ '05 ch. 5 2, 8 Mr
n Tex, Judges of county having city of 25,000 to appoint county
auditor; duties; salary $2400. 2o§ '05 ch.i6i, 22 Ap
p U, Amdg. R.S.'98 §2664 rel. to penalty for refusal of county
treasurer to settle as required by law. i§ '05 ch.49, 8 Mr
Fiqance
^597 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
2597 Debts* Bonds
5m also 3345, School finance; 3571, Special assessments; 3673. Sewera^; 3684. Parks
a Id. Submitting amdt. to Const. 1889 ^^-^ §3- ^^^^al divisions may
inctir public indebtedness on majority [|] vote at special election.
Vote Nov. 1906. 4§ 'os p. 43 5, 10 Mr
b 111. County may issue bonds for indebtedness over 75c on $zoo;
popular vote; election procedure; sale of bonds; tax levy for interest.
io§ '05 p.isa, 13 My
c Ind. Township may fimd debt in excess of what current taxes can
discharge issuing 1$ yr 6% coupon bonds to const, debt limit. 2§
'05ch.31.23F
d Kan. Amdg. '89ch.2 25: city may retire bonds before maturity.
2$ *o5 ch.382, 4 Mr
e Kan. 2d or 3d class city on petition of { taxpayers may issue bonds
to fimd floating indebtedness. 4§ '05 ch. 1x9, 8 Mr
f Minn. Amdg. 'o3ch.36§i-2 rel. to town bond issue for toads,
bridges or town hall. 2§ '05 ch.ix, 17 P
g Minn. City under 10,000 may fund floating debt & if debt limit has
been reached it shall issue no further interest-bearing securities. 4§
'05 ch.2o, 2 Mr
h* Minn. County may fund bonded & floating debt by issue prior to
Jan. I, 1906 of 10 yr bonds bearing no greater interest than original
debt. i§ *o5 ch.65, 23 Mr
i Minn. Village may issue 15 yr 6% bonds to reftmd floating debt.
2§ '05 ch.123, 7 Ap
j Minn. City of 50,000 may issue bonds to retire bonds which con-
stitute lien on mun. water or gas plant; new lien created. 5§
'05 ch.x72, 13 Ap
k Mo. Amdg. R.S.'99 §5968 rel. to bond issue by 4th class city to
erect public building or bridge. i§ '05 p.8o, 9 Mr
m Mo. Submitting amdt. to Const. 1875 art. 10 §12: political corp.
with assent of J voters may become indebted to amount greater than
annual revenue for grading, constructing, paving & maintaining roads.
Vote Nov. 1906. *oS p.309
n Ifeb. Coimty bd to levy special tax annually till outstanding road
district warrants are paid. 3§ '05 ch. 127, 28 Mr
p N. J. City may issue 20 to 50 yr $% bonds to retire maturing
bonds; sale; sinking fund. 2§ 'oS ch.i6, 8 Mr
q N. J. Duplicate borough bond to be issued to replace one lost or
destroyed. Supplements '97 ch.i6i. i§ '05 ch.iii, 6 Ap
r N. J. Amdg. '84 ch. 133 §3 rel. to management & investment of
sinking fund for mun. water bonds. i§ '05 ch.148, 14 Ap
8 N. J. Rep. 'o4ch.i64 which allowed issue of mim. or township
bonds to fund bonds 6r floating debt ; tax levy oi 2% for sinking fund.
i§ '05 ch.165. 17 Ap
t If . J. County of ist class may renew go%oi bonds at maturity. 2 §
'05 ch.174, 19 Ap
LOCAL GOVERNMENT
u N. J. City which has issued over $50 ,000 in bonds for police stations
obligated to repay $10,000 annually, may before maturity retire by
issue of 20 yr 4% bonds. 2§ 'oS ch.206, 28 Ap
V N. J. Rep. '03 ch.241 which provided that improvement certificate
10 yrs after issue should be "lawful debt" collectable with interest
irrespective of date of maturity. i§ '05 ch.241, 16 My
w N. Y- Amdg. '90 ch,564 §51: mun. corp. need not give security
for stock issued to replace lost or destroyed certificates but is fully
liable. i§ '05 ch.35, 7 Mr
z If . D. Mun. Corp. townships & school districts may issue refunding
bonds; limitations. 8§ '05 ch.54, 13 Mr
y Okl. Issuance of bonds by county, city of ist class & bds of educa-
tion of city, township & school district to refund indebtedness. i4§
'05 ch.7 art. 3, 11 Mr
z S. D. County when authorized by majority vote of electors may
fund debt. i§ '05 ch.59, 3 Mr
zx S. D. Amdg. P.C. § 1 484 : town may fund outstanding [bonded] debt.
2§ '05 ch.58, lo Mr
Z2 Tenn. Counties and incorporated cities & towns may refund out-
standing bonds; provisos. 2§ '05 ch.506, 17 Ap
Z3 Wis. Amdg. S. '98 §925 subdiv.133 rel. to issue of bonds by cities:
bonds issued for street improvements, schools, waterworks, sewerage
& parks & public grounds not to require vote of people unless petition
by 10% of voters filed within 30 days of passage of ordinance. i§
'05 ch.6i, 8 Ap
Z4 Wis. Amdg. S.'98 §925 subdiv. 133 rel. to issue of city bonds: issue
authorized for acquiring & maintaining public docks;. refunding.
'05 ch.311, 7 Je
Z5 Wis. Amdg. S.'98 §943 rel. to issuance of mim. bonds: act not to
apply to funding bonds. i§ '05 ch.378, 14 Je
z6 Wy. Certification of mun. bonds. 2§ '05 ch.94, 21 F
3598 Limitation of indebtedness
a Fla. Municipality not having special charter, may on vote of
people issue bonds for mun. purpose to 10% value of assessed property.
2§ 'oS ch.94, 19 My
b Minn. Amdg. '95ch.i2o §8: mun. bond issue for waterworks au-
thorized by § vote of electors not to constitute part of "total indebted-
ness." i§ '05 ch. 100, 31 Mr
c N. Y. Submitting amdt. to Const. 1894 art. 8 §10 excepting debts
of New York city for water supply from const, limit of city
indebtedness. Adopted Nov. 1905.
'01 p.1804, 14 Mr; '03 p.1456, 23 Ap
d S. C. Ratifying amdt. to Const. 189S art.8 §7 adopted by people
Nov. 1904: Greenville may increase bonded debt to 15% of taxable
property for street improvement or sewerage; purchase of water or
electric light plant or payment of past indebtedness. i§
'oS ch.479, 20 F
e Vt. "An act limiting mun. indebtedness." 4§ '04 ch.79, 9 D
Fire dapartment
2598-2611 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
f W. Va. Limiting amotint of indebtedness of counties, school dis-
tricts & mun. Corp. to 2 J% of taxable property, aj '05 ch.51, 15 F
2599 . Temporary debt
a U. "An act authorizing cities of ist & 2d classes to issue script
against fimds to be raised by special taxes . • . issuing . . . enforce-
ment & redemption thereof." 4§ '05 ch.77, 9 Mr
2600 Deposits and depositories
a Id. Deposit of county moneys in banks : banks to pay 2 % interest ;
security of funds; semiannual investigation of bonds & sureties. iz§
'05 p.99, 6 Mr
b N. D. Amdg. R.C.'qq §1944, 1949: bank designated as county
depository must offer from 2 % to 3 % on deposits subject to check, a §
'05 ch.74, 13 Mr
c Okl. "An act in relation to county depositories & regulation
thereof." 9§ '05 ch.ii art.2, 9 Mr
d Tez. Deposit of mun. funds. 8§ '05 ch. 123, 15 Ap
e Wash. City of 75,000 to designate mim. depository; bonds. 3§
'05 ch.103, 9 Mr
2601 Police, ^' 873
2603 Fire department
St€ also 109a, Fires
a Cal. Amdg. '83 ch.49 §813 rel. to fire'dep't in city of 5th class, ij
*o5 ch.2o, 20 P
b N. H. Fire apparatus to have right of way; penalty for obstruction.
zj 'oS ch.66, 9 Mr
2605 Fire districts
a N. J. Camp meeting grounds to be fire district; com'rs; special
assmts. 4§ '05 ch.222, 29 Ap
b N. J. "An act prescribing manner in which . . . fire district shall
succeed to . . . certain assets & liabilities of . . . fire district out of
which it is created." 2§ 'oS ch.223, 29 Ap
2606 Finances
2607 Appropriation. Taxes. Bonds
a S. D. Amdg. P.C. §1525: mtmicipaHty having paid fire dep't of 6
men at salary of $40 a mo. each, entitled to share of insurance tax. ij
'oS ch.127, 7 Mr
2608 Property
2610 Buildings
a If. J. City may issue ao yr 5 ^ bonds to $25,000 to erect fire engine
house. 2§ '05 ch.z69, 17 Ap
261 z Independent and volunteer companies
a N, J. Mtmicipality may pay volunteer fireman $12 a yr. 3§
'oS ch.z75. 19 Ap
b If. T. Amdg. village law '97 ch.414 §202 : hose co. in village of 1800
may have membership of 50. i§ *o5 ch.220, z8 Ap
Public works
LOCAL GOVERNMENT 2612-22
2612 Officers
5«f also 1093, Fire marshal
2613 Appointment and removal
a If. H, Amdg. P.S. ch.53 §7, 14: village com'rs to appoint fire
engineers; removal. 3§ *o5 ch.99, 10 Mr
26x6 Pensions. Relief
a Cal. "An act to create firemen's relief, health, life insurance & pen-
sion fund in counties, cities & towns of state. " i4§ '05 ch.35 1 , 20 Mr
b III. Amdg. '95 p. 104 §1: 50% [25%] annual license fee of foreign
fire insurance co. to go to firemen's pension fund. i§ 'oSp.ioo, 12 My
c If. J. Paid fire dep't in city below ist class may incorporate to
create pension fimd for widows, dependent parents & children. 15 §
'05 ch.65, 28 Mr
d N. Y. Amdg. '98 ch.182 §205 rel. to management of firemen's pen-
sion fund in 2d class city. 2§ '05 ch, 444, 16 My
e If. Y. Establishing firemen's pension fund for city of Troy. 9§
'05 ch.488, 17 My
2618 Vacations
a Cal. Amdg. '95ch.84§i: member of fire dep't to have annual
vacation of from 5-15 [10] days & 4 [2] days a mo. i§
'os ch.44, 3 Mr
2619 State firemen's associations
a Kan. Amdg. G.S.'oi §3417-18: 3% of fire insurance tax collected
in city with organized volunteer fire dep't to be paid to State Fire-
man's Ass'n for prizes for efficient service. 3§ '05 ch. 2 7 2, 4 Mr
2620 Public works. Public improvements
See also 1054, Cemeteries; Z063, Mongue
a Cal. Amdg. '85 ch.153 §2 rel. to street improvement & sewers. i§
'05 ch.19, 20 F
b Id. Incorporated city, town or village of 1000 may issue bonds for
street improvement & sewer construction; sewer assmts. 11 §
'oS p.297, 24 F
c Id. Submitting amdt. to Const. 1889 art. 8 §4: local divisions may
vote donations to works of internal improvement on submission to
voters at special election; provisos. Vote Nov. 1906. 4§
'05 p.435, 10 Mr
d N. J. Borough may extend water or sewer works by ordinance
approved by majority vote of electors for bond issue. i§
'05 ch.io, I Mr
e If. D. Civil townships adjoining cities of 6000 may pave highways &
construct sewers & water mains connecting with those of city; con-
tracts; assmts. 13 § 'oS ch.177, 2 Mr
2622 Direct employment vs. contract system
a Wis. Cities other than ist class may perform public work & collect
cost thereof. 3§ '05 ch.364, 14 Je
Public works
2625-29 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
2625 ' Eminent domain
a Mass. Power & duty of taking land by eminent domain given to
city by '04 ch.443 extended to town. i§ '05 ch.390, 10 My
b Wash. City of ist-3d class or of equal population to have power
of eminent domain; special assmts. 53§ '05 ch.55, 3 Mr
2627 Municipal utilities (general)
5m cUso 1337 1 Street railways
a Tex. Mim. public service corp. to file annual report with Sec. of
State. S§ '05 ch.33, 2a Mr
b Tex. Coimty Court may regulate rates charged by certain public
utility corporations on action commenced by city council on § vote;
appeal. 8$ '05 ch.i4S, 17 Ap
2628 . Franchises (general)
Set also 1998, Railways; 1362, Street railways; 1415, Telegraph and telephone;
2635, Electricity and gas •
a Ari. "An act to allow franchises for public utilities in mun. corp.
to be voted on at special elections." 2§ '05 ch.4, 28 Ja
b Gal. Amdg. C.C. §388, 391-93 rel. to sale of franchise tinder execu-
tion. 4§ 'oS ch.347, 20 Mr
c CoL "An act concerning . . . introduction, publication &
passage of ordinances granting franchises or licenses for street ry.,
electric light works, telegraph & telephone systems in incorporated
towns & cities of ist & 2d class." 6§ '05 ch.i25, 6 Ap
d Kan. Mayor & coimcil of 2d or 3d class city to control franchise
for use of street. 3§ *o5 ch.121, 9 P
e Mich. Amdg. '03 ch.232 §37 : right of corp. to use mun. streets or
lands continued. i§ ' '05 ch.xi2, zi My
f N. J. Com'n to be appointed to investigate granting & taxation of
public franchises; report to Leg. of 1906. 3§ '05 ch.261, 3 Je
g N. Y. Amdg. Greater N. Y. charter '97 ch.378 §74 rel. to duties &
powers of bd of estimate & apportionment & bd of aldermen in grant-
ing franchises for New York city. 2§ '05 ch.630, 26 My
h Pa. "An act providing for determination by Court of Conmion
Pleas ... of disputes as to reasonableness ... of license
fees between mun. corp. & telegraph, telephone, or light or power
CO." 6§ *oS ch.132, 17 Ap
i Tenn. Amdg. '75 ch. 142: incorp. of acetylene gas co. 5J
•05 ch.134, 4 Ap
j Wash. Coimty com'rs may grant franchise to construct water, gas
or electric condiiit in road outside city or town; procedure. 3§
•©5 ch.io6, 9 Mr
k W. Va. Circuit Courts may compel by mandamus persons & corp.
holding franchises to comply with obligations. 2§ '05 ch.49, 25 F
2629 Municipal ownership (general)
See also 1350, Street railways; X39t< Perriesand fords; 14x3. Telegraph and tele-
phone; 3635, Electricity and gas: 3650, Water; 3668, Sewerage; 3731. ToU roads
a Ind. Municipality may sell works for manufacture, supply or dis-
tribution of public utility ; to be submitted to vote at gen. election on
petition of 100 taxpayers. 8§ '05 ch.147, 6 Mr
Public work b
LOCAL GOVERNMENT 2629-35
b Kan. Cities of ist, 3d & 3d classes may issue bonds for public
works to supply gas, water, light or heat. 5§ '05 ch.ioi, 4 Mr
c E^an. City of ist or 2d class may provide by ordinance for appoint-
ment by mayor of bd of com*rs to operate waterworks, fuel, power &
lighting plant ; duties. 7 § '05 ch. 1 1 5 , 7 Mr
d Minn. City of 2500 may incur bonded debt of $50,000 for water-
works or electric lighting plant. 3§ '05 ch. 2 8, 3 Mr
2630(5 Heat
a Mo. Amdg. R.S. '99 § 583 5 : ctty of 3d class may fix maximum charge
for heat supply & pressure to be maintained by steam heating co. i §
•05 p.78, II Ap
b Wis. Amdg. S.'98 §925 subdiv.52 ^34: common council may pro-
vide for heating city buildings & furnishing heat to inhabitants. i§
'05 ch.209, 16 My
2633 Electricity. Gas
a CaL Municipality may light street & assess cost on property; pro-
cedure. i8§ 'oS ch.419, 21 Mr
b Id. Amdg. '99 p. 19 2 §73 : powers of cities of 2d class & villages as
to gas & electric light contracts & franchises. 2§ 'o5p.ii3,ii Mr
c Neb. Amdg. Ann. S. '03 §8644, 8725 rel. to light & power con-
tracts & franchises in cities of 2d class. 3§ '05 ch.27, 3 Ap
d N. Y. Com'n to be appointed to regulate price of gas & electric
light & supervise lighting corp. 22 § '05 ch.737, 3 Je
2635 Municipal plants
a HI. City of Chicago may, on adoption of this act by people, sell
surplus electricity. 2§ 'o5p.iip,i8 My
b Mass. Amdg. R.L. ch.34 as to sale & conveyance of plant for
manufacture of gas or electricity & mun. operation of same. 7 §
'05 ch.410, 17 My
c Minn. City under 10,000 may issue bonds to 7% assessed valua-
tion for mim. waterworks or lighting plant. 7§ ♦ '05 ch.334, 19 Ap
d Ifeb. Amdg. C.S. '03 §1195: cities of ist class may sell light from
mun. plant for private use, on approval of mayor & city council.
*o5 ch.i8, 30 Mr
e Neb. Amdg. Ann. S.'o3 §8794-98 as to construction & maintenance
of electric light plant by village authorities. 6§ '05 ch.33, 30 Mr
f N. C. Establishing electric light & reservoir com'n for city of
Raleigh; bond issue. i4§ '05 private laws ch.93, 15 F
g Okl. Establishment of system of electric lighting by bd of trustees
in town or village. 7§ '05 ch.8 art.i, 13 Mr
h Tenn. City of Memphis may build & maintain gas or electric light-
ing plant & sell light for private use. 1 1 § '05 ch. 1 72, 4 Ap
i Tenn. City of Lawrenceburg may construct & operate electric
light & power plant. 8§ '05 ch.434, 14 Ap
Public worlcs
3638-45 K. Y. STATE LIBRARY INDEX OF LEGISLATION I905
2638 Companies
See also 2035, Petroleum and gas
A Cal. Amdg. C.C. §629-32 : electric lighting corp. must serve with-
.out discrimination those within 100 ft of line; inspection; discon-
tinuance. 5§ '05 ch.435, 21 Mr
:b Mo. Street ry. corp. in city of less than 10,000 may operate elec-
tric light & power plant. Adds §ia to '03 p.102. i§ '05 p.8i, 9 Mr
13639 Accidents. Liability
a Wis. Amdg. S.'gS §1778: liability of telegraph, telephone & elec-
tric CO. for injury to property. i§ '05 ch.505, 20 Je
J1642 Gas and electric meters. Quality of light
a If. y. Amdg. Greater N. Y. charter '97 ch.378 §522: illuminating
gas in city of New York to be tested daily; inspectors; reports. 2§
'05 ch.735, 3 Je
b Wis. Inspection & testing of gas & electricity by municipalities;
State Chemist to determine gas standard; exam, of electric lighting
plants. 7§ '05 ch.459, 19 Je
12643 ^> <Li^ electric rates
a Mass. Maximum price to be charged by Boston Consolidated Gas
Co., 90c for 1000 cu. ft. Amdg.*o3 ch.417. 3§ '05 ch.421, 19 My
b Mass. Bd of Gas & Electric Light Com'rs & 2 appointees of Gov.
to investigate subject of sliding scale for gas rates based on rate of
dividends to stockholders; report to Leg. of 1906. '05 r.ioi, 25 My
•c N. Y. Gas CO. not to charge city of New York over 75c per 1000
cu. ft; standard quality; pressure; penalty. 4§ '05 ch.736, 3 Je
2645 Placing of poles, wires, pipes etc.
Seealso 1x33, Public safety; 1418, Telegraph and telephone; 3738, Opening street,
distiirbing pavement
a Ind. Amdg. '67 ch.68 §1: hydraulic co. supplying electric light,
heat or power to public corp. may appropriate right of way for poles
or conduit. i§ '05 ch.51, 28 F
^} Mass. "An'act rel. to wires & electrical appliances in city of Somer-
ville." io§ *o5 ch.278, 10 Ap
c Mich. Electric light & power co. may use highways for transmis-
sion of electricity. i§ '05 ch.264, 16 Je
d Mon. Amdg. C.C. §1000 rel. to placing of electric wires along cer-
tain highways. 2§ *o5 ch.55, 2 Mr
-c Wis. Amdg. S.*98 §1778, '01 ch.319 §2, 5: construction of lines
for use of telegraph, telephone or transmission of power, heat or elec-
tric light for public purposes ; condemnation proceedings. 3 §
•05 ch.304, 5 Je
f Wis. Amdg. $.'98 §925 subdiv.S2 ^31: common council in cities
of ist, 2d & 3d classes may establish districts in which wires may be
ordered to be placed imderground & poles removed. i§
•05 ch.326, 9 Je
Public work*
LOCAL GOVERNMENT 2647-50
2647 Property. Stocks
a Pa. Rephrasing '95 ch.230 §1 to make clear that corp. for manu-
facture or supply of Ught may hold stock or bonds of similar corp.
Supplements '74 ch.32. 2§ '05 ch.39, 24 Mr
2648 Water
Sge also 797. Public works (state); 1079. Pollution of water; u8o, Control of water
a Kan. Amdg. '03 ch.122 §166: city of ist class [under 50,000]
may contract for water supply. Rep. §165. 2§ '05 ch.iii, 3 Mr
b Me. Amdg. R.S.'o3 ch.128 §4: penalty for injuring property of
any town or mun. corp. used for water supply. i§ '05 ch.93, 21 Mr
bi Neb. Water supply in metropolitan cities. Rep. sundry sections
of Ann. C.'o3. '05 ch.15, 9 Mr
c N. J. Amdg. *9i ch.22 §65: village may make 10 yr contract with
water co. to secure supply. i§ '05 ch.260, 3 Je
d N. Y. Com'n to be appointed to investigate sources & disposition
of available water supply, also to consider establishment of state sys-
tem of water supply & system for disposition of sewage; annual re-
port to Leg.; $40,000. io§ 'oS ch.723, 3 Je
e Pa. Creating State Water Supply Com'n to regulate water co. &
improve methods of distribution & of purifying sources; not to con-
trol city supply. 9§ *o5 ch.236, 4 My
2649 Eminent domain
a Kan. "An act providing for appropriation of lands for use of
foreign mun. corp. owning water plant & having some part thereof
in state of Kan." 7§ '05 ch.is6, 8 Mr
b N. Y. Limitation on acquisition of water rights in Westchester &
Putnam counties. Adds §2 5b to mun. law '92 ch.685. i§
'05 ch.738, 3 Je
c If. C. Amdg. *o3 ch.159 §16: water co. [now] established under
C. ch.49 may condemn land for supply. i§ '05 ch.544, 6 Mr
d Pa. Water co. not to take river or stream by eminent domain. i§
'05 ch.109, 13 Ap
e S. C. Mun. corp. or water co. may condemn land for waterworks;
procedure. 6§ '05 ch.433, 21 F
f S. D. City may condemn property for waterworks. 4§
'05 ch.174, 34 Ja»
§2, 3 amended. '05 ch.175, 11 Mr
g Vt Town selectmen may procure ri^ht to lay pipe through pri-
vate land for water for school, town hall or watering trough. i§
'o4ch.75,9 !>'
h Wash. Amdg. '93 ch.8 §x as to appropriation of water by city or
town for mun. purposes, i § '05 ch. 1 59 , 11 Mr
2650 Municipal works
a Col. City of 10,000 on petition of 100 voters & property owners to-
vote on question of establishment of waterworks; districts; bonds.
i4§ 'oS ch.142, 25 Mr
Public^works
2650-55 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
b Minn. City owning waterworks may incur tx>nded debt of $1 50,000
to extend & improve system. 6§ '05 ch.19, 2 Mr
c Minn. City of 10,000-20,000 may build or purchase waterworks.
8§ 'oS ch.ios, 4 Ap
d Minn. Municipality owning & operating waterworks may extend
pipes under any road & supply water outside corporate limits, i §
'05 ch.228, 17 Ap
• Minn. City under 10,000 may issue bonds to 7% assessed property
valuation for mun. waterworks or lighting plant. 7§ 'o5ch.334, igAp"
f Mo. City of 2d, 3d or 4th class imder special charter may purchase
or erect waterworks; bonds; management; exemption from execu-
tion. 23 § 'oS p.85, 8 Ap
g Mon. City or town may create special improvement district &
levy assmt. for waterworks & mains. 5§ '05 ch.27, 21 F
i Neb. Amdg. Ann. S.'o3 §8726 rel. to establishment of waterworks
by cities of 2d class & villages, less than 5000 : issue of water bonds on
§ [majority] vote cast at special election. 2§ '05 ch.30, 3 Ap
j N. J. Municipality may transfer park land adjoining reservoir for
use for waterworks. 2§ *o5 ch.143, 13 Ap
k N. J. City may use net profit from water supply to extend works.
Supplements '04 ch.53. i§ '05 ch.2zo, 28 Ap
m N. Y. Mayor of N. Y. to appoint com'n of 3 to act as bd of water
supply; salary $12,000; to investigate sources ; acquisition of land &
construction of works. 46§ *o5 ch.724, 3 Je
n Okl. Amdg. S.'o3 §614: incorporated town may maintain water-
works. i§ '05 ch.8 art.9, 13 Mr
p Pa. Forestry Com'rs may allow municipality to impotmd water
on state forest reservations & maintain pipe lines through same, i §
'05 ch.114, 14 Ap
q S. D. City of ist class may sell or lease waterworks on majority
vote of electors. 3§ *o5 di.176, 11 Mr
r Tenn. City authorities of Bristol may acquire or erect & operate
system of waterworks. 20 § 'oS ch.400, 17 Ap
2651 Storage reservoirs
a If. J. Amdg. '92 ch.27 §4-5 rel. to issue of bonds to pay for city
storage reservoir. 3} '05 ch.17, 8 Mr
2652 Water tax
a III. Amdg. '99 p.308 §1-4, 6-7: municipality may levy special
tax to enlarge waterworks. 7§ *o5 p.94, 18 My
3655 Water companies
a Gal. Amdg. C.C. §549, 55 1: bd of supervisors may regulate water
supply Corp.; » construction of canal & maintenance of bridges. Rep.
§550. 3§ '05 ch.429, 21 Mr
b Id, Amdg. R.S.*87 §2711-12 rel. to corp. supplying water to towns
& pities: rates subject to change every j yrs [i] ; right of way for con-
structing flumes, aqueducts etc. outside corporate limits. 3§
-'05 p.192, 9 Mr
PubHc works
LOCAL GOVERNMENT 2655-63(5
c N.J. Amdg. '76ch.i93 §1: 7 persons may form water co. in
mimicipality incorporated or otherwise of 500 [2 000]- 15, 000 popula-
tion. i§ *oS ch.229, II My
d N. Y. Amdg. transportation corp. law '90 ch.566 §82 subdiv.2 :
right of waterworks corp. to lay pipes in adjoining city subject to
permission of local authorities. i§ '05 ch.210, 17 Ap
e N. D. Amdg. R.C.'99 §2264 as to water contracts made by city
coimcil for fire protection ; prior appropriation reqiiired for i yr only
if contract for term of yrs. i§ *o5 ch.63, 17 F
2661 Sewerage. Garbage
See also 797. Sewerag6 plants (state); X079, Pollution of water; 1x92, Drainage;
9707, Street improvement
a Cal. Amdg. '91 ch.i6i §11-12 as to assmt. & collection of tax in
sanitary district. 2§ *o5 ch.96, 10 Mr
b Id. Rev. '03 p. 2 6 authorizing municipalities to construct & Operate
sewerage sjrstem & disposal works. 2o§ *o5p.334,24F
c HI. Election of trustees of sanitary district ; powers & duties. 4§
'05 p.198, II My
d 111. Amdg. '85 p. 60 §2-3 rel. to power of mun. authorities to con-
demn property & levy assmt. for drainage works. Adds §4. 3§
'05 p.104, 18 My
e Mo. City of 300,000 may establish sanitary districts; public
dramage. i6§ '05 p. 62, 6 Ap
f Neb. Cities of 2d class under 5000 may exercise right of eminent
domain to construct sewer or drain; annual tax levy 1-5 [2] mills
to pay sewer bonds at maturity. Amds. C.S.'o3 §1738. 3§
'05 ch.28, 29 Mr
g N. J. Town or township may construct sewers, drains & sewage
disposal plant & place same together with waterworks under control
of bd of water com'rs. is§ '05 ch.77, 31 Mr
h If! J. On petition of 10 freeholders township committee to appoint
engineer to estimate cost of sewer; vote of electors before building.
Supplements '99 ch.169. 3§ '05 ch.140, 12 Ap
i S. D. Assmt. of property for payment of city sewer bonds; house
connections. Rep. P.C. §1346-51. 8§ '05 ch.153, 10 Mr
2663 Eminent domain
a N. J. City may purchase or condemn right of way for sewer across
private land; railroads excepted. 3§ '05 ch.32, 14 Mr
b Pa. City may condemn land for sewers; procedure. 4§
'05 ch.94, 10 Ap
c S. D. City may condemn & purchase property for sewer system.
4§ • '05 ch.iS4, 7 Mr
2663(5 Garbage
a Minn. City of 50,000 may erect plant for destruction of refuse. 2§
*o5 ch.i2i, 7 Ap
b N. Y. Village may provide for removal & disposition of ashes &
garbage. Adds subdiv.2 5 to village law '97 ch.414 §88. i§
'05 ch.500, 17 My
Public wi>rks
2663(5-79 N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
c Pa. $10 fine for throwing rubbish in street or disturbing contents
of ash can & garbage pail. i§ '05 ch.163, 20 Ap
2664 House connections
See also iio6(s. Plumbing
a N. J. Town council may construct house connections to trunk
sewer & pay for those already built at private expense; special assmt.
4§ *os ch.23, 10 Mr
2667 Joint, trunk and outlet sewers
a Kan. City of 2d class may construct main trunk sewer. Supple-
ments G.S.'oi ch.19 art.3. 6§ '05 ch.117, 8 Mr
b N. J. Joint meeting of governing bda of towns constructing com-
mon trunk sewer to vote fund for maintenance. Supplements '99
ch.36. 2§ '05 ch.146, 14 Ap
2670 Sewage disposal
a Kan. Amdg. '03 ch.122 §164 : city of ist class may issue bonds for
crematory, desiccating or reduction works. 2§ 'oS ch.io6, 7 Mr
2671 Sewer assessments
m
a Mich. Amdg. '95 ch.3 pt 7 §25 rel. to special sewer assmt. i§
'05 ch.125, 17 My
b Neb. Amdg. Ann. S. '03 §8373 as to assmts. for sewer improve-
ments in cities of ist class, 5000-25,000. 2§ '05 ch.24, 30 Mr
c N. J. Assmt. for sewer begun in other municipality. Supplements
'99 ch.135. 4§ '05 ch.171, 18 Ap
d Pa. Assmt. of cost of sewers in townships of ist class. 7§
•05 ch.2, 23 P
e Wis. Special assmts. for construction of sewers in cities under
special charters; issuance of bonds. 9§ '05 ch.453, 19 Je
2672 Sewer bonds
a If. J. Seaboard city may incur bonded debt of $50,000 to extend
sewer system. 2§ '05 ch.51, 23 Mr
b S. D. City may issue bonds for sewerage system not in excess of
10% of value of taxable property; vote on question. 5§
'05 ch.155, 5 Mr
2679 Parks. Public grounds
See also 798. State parks
a Col. City of ist or 2d class may maintain public park or driveway
within 10 m. of city limits; parkbd; bonds. 19! *o5 ch.128, 10 Ap
b Fla. Amdg. R.S.'92 §680: city or town council may discontinue
any public park, i § '05 ch.90
c 111. Amdg. '99 p.326: park com'n of 3 towns may levy j [2] mill
tax for current expenses. i§ '05 p.342, 29 Ap
d 111. Amdg. '93 p. 161, '95 p. 2 85 rel. to levy & collection of addi-
tional park tax. i§ '05 p.335. 18 My; *o5 p.336, 18 My
e 111. Amdg. '73 p. 129 §1-4 rel. to improvement of public parks &
boulevards; tax; assmt.; sewers. 4 J '05 p.337. 18 My
Public works
LOCAL GOVERNMENT 2679-88
f HI. Park com'rs may issue $1,000,000 20 yr 5% bonds to obtain
money for maintenance of small parks & pleasure grounds; taxation
to discharge. 2§ '05 p.340, 18 My
g Ind. Abandoned county fair grotmd may be used for public park;
acceptance by city council. 6§ '05 ch.6o, i Mr
h Minn. City under 10,000 may maintain public park not exceed-
ing 50 acres; park bd; exceptions. 5§ '05 ch.33S, 19 Ap
i Mo. Establishment & maintenance of public park in city or town
under 30,000. 7§ '05 p. 265, 18 Ap
j Neb. Rev. '89 ch.23 authorizing cities of 2d class less than 5000 &
villages to acquire real estate for parks & public grounds. 6 J
*o5 ch.35, 2 Mr
k If. J. Cemetery corp. may convey burial ground to municipality
for public park. 2§ '05 ch. 48, 23 Mr
m N. D. Establishment of city park districts. 8§ '05 ch. 143, 6 Mr
n Okl. Establishing bd of park com'rs in cities of ist class over 10,-
000; organization & duties. 13 § '05 ch.9 art.4, 11 Mr
p R. I. Designating members of Metropolitan Park Com'n; term i
yr; to consider advisability of system of public parks for Providence &
vicinity; report to Leg. of 1905 ; $1000. 2§ '04 ch.1204, 16 N
q R. I. Extending term of Metropolitan Park Com'n appointed in
1904; scope of jurisdiction ; $1000 additional appropriation. 3§
'oS ch.1238, 9 My
3681 Boulevards and driveways
a • Gal. **An act to provide for formation of boulevard districts &
the construction, maintenance & use of boulevards. . . " i4§
'oS ch.s66, 22 Mr
b Minn. Village or city under 10,000 may Jevy special assmt. for
boulevards; payable in 3 instalments; proviso. Rep. '99 ch.49. 6 J
'oS ch.330, 19 Ap
c N. J. Where street ry. paves & keeps in repair right of way through
part of street, municipality may when paving rest of street construct
park way of equal width & levy special assmt for cost. 2 J
*oS ch.ii2, 6 Ap
3684 Debts. Bonds .
a 111. Park Bd may issue 20 yr bonds up to $2,000,000 & levy direct
annual tax to discharge. 2§ '05 p. 333, 3 Mr; *oS p.334, 11 My
b Minn. Amdg.'o3 ch.23S §1 rel. to limit of park bond issue by city
of 50,000. i§ *oS ch.9 1, 31 Mr
c U. J. City under 12,000 bordering on Atlantic ocean may incur
bonded debt of $100,000 to improve beach. 2§ '05 ch.50, 23 Mr
2685 Eminent domain
a Minn. Land condemned for park to be paid for without regard to
resulting benefit. 3§ '05 ch.103, S Ap
a688 Gifts and bequests
a Ga. Municipality may accept land by gift or in trust for park,
pleasure ground or other public purpose, land to be used by i race only.
^i '05 p.117, 23 Ag
Roads. Streets
2688-2700 N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
b Mich. Township may acquire land for public park by devise or
gift. S§ 'oS ch.157, I Je
3689 Ordinances. Regulations
a If. J. Protection of trees, shrubs & statuary in public parks under
control of Park Bd. Supplements '93 ch.28s. 4§ '0$ ch.108, 6 Ap
2694 Playgrounds. Recreation piers
a n. J. City of ist class may expend annually $5000 on excursions
& recreation centers for poor. Supplements '04 ch.69. 3§
'05 ch.io6, 6 Ap
2696 Public entertainment
a Kan. Cities of ist, 2d & 3d classes may vote $25 for each 1000 in-
habitants for free band concerts; proviso. i§ *oS ch.102, 9 Mr
b Minn. Village may appropriate $50 a yr for free musical entertain-
ment. i§ *o5 ch.263, 18 Ap
c If. J. City of 2d class may expend $2000 for music in public parks
during July and Aug. 4§ '05 ch.262, 26 Je
d Wis. Cities of ist class may provide for public auditoriums & mu-
sic halls with private cooperation; procedure. i2§ '05 ch.426, 20 Je
2698 Baths, comfort stations and gymnasiums
See also 11x5, Life-saving
a Ga. Surf bathing house proprietor to provide life-savers, life-pre-
servers & lines & danger signals for protection of bathers ; removal or
misuse of life-preservers & lines. Supplements Pen. C. §509. 7§
*o5 p.115, 22 Ag
b Mon. City or town may establish & maintain public bath. 3§
'05 ch.i2, 10 F
c If. Y. Amdg. public health law '93 ch.66i §212 rel. to sanitary
rules for public bathing houses & safety regulations. i§
'05 ch.454, 16 My
2700 Roads. Streets
a Fla. Atty. Gen. to compile road laws. 2§ '05 p.442, 6 Je
b Id. Improvement of roads : formation & bonding of good road dis-
tricts, on submission to vote of resident freeholders; appointment of
good road com'rs; apportionment of taxes within district; appeal.
i4§ '05 p.237, 10 Mr
c Id. Amdg. R.S.'87 §946 rel. to method of paying cost of county
bridge or road improvement. 2§ '05 p.67, 13 Mr
d HI. Municipality tmder 10,000 included in town constructing hard
road by special taxation may secure extension through corporate
limits under certain conditions. Adds §16^ lo '83 P.X32. i§
'05 p.369. ^^ My
e 111. Highway com'rs in county not under township organization
may straighten water course in road construction ; assmt. of damages.
i§ 'oS p.370, 16 My
Roads. Streets
LOCAL GOVERNMENT * 2700
f HI. Creating State Highway Com'n to investigate & experiment in
road building; $25,000 annual appropriation. 7§ *o5 p.74, 18 My
g Ind. Amdg.'93 ch.i6o §1 rel. to petition for construction of stone
road at county expense. i§ '05 ch.ioo, 4 Mr
h Ind. Gen. highway law. i23§ '05 ch. 167, 8 Mr
i Kan. Township bd to be com 'rs of roads; taxation; construction
districts. 9§ 'oS ch.362, i Mr
j Mich. Amdg.*o3 ch.231 §2 rel. to township road system. i§
*oS ch.124, 17 My
k Mich. Amdg.'93 ch.149 §1: bd of supervisors to submit question
of adoption of county road system on petition of 10 freeholders [by J
vote of members of bd]. i§ *o5 ch.199, 13 Je
m Mich. Amdg. C.L.'97 §4106 as to expenditure of highway tax
money in certain townships in Upper Peninsula. i§ '05 ch.219, 13 Je
n Minn. Town may issue 20 yr 6% bonds for road & bridge improve-
ment. 9§ '05 ch.64, 23 Mr
p Minn. County com'rs may appropriate $300 to aid town in road or
bridge improvement payable on auditor's warrant; bond. Rep. '9 5
ch.287 §1, 3. S§ *o5 ch.8o, 27 Mr
q Mo. Amdg. R.S.*99 §2996; in county of 150,000-400,000 dramshop
ftmd to be used to repair macadamized roads. i§ '05 p. 143, 6 Ap
r Ifcb. Amdg. Ann. S.*o3 §10706, 10711, 10713, 107x5, 10724: pro-
ceeds of inheritance tax to be used for permanent improvement of
county road [covered into state treasury]; county bd to award con-
tracts & direct expenditure; regulations. Rep. §10722. 6§
'05 ch.117, 8 Mr
8 Web. County bd on petition of majority of resident freeholders of
any road district, precinct or township to levy 25 mill road improve-
ment tax; county bd to direct work. 4§ *o5 ch.128, 30 Mr
t Ifeb. Cities of 5000-25,000 may levy 2 mill tax for improvement
& repair of highways leading to city. i§ *o5 ch.26, i Ap
u Ifcb. Amdg. C.S.'o3 §1825: cities of 2d class & villages, less than
Sooo, may levy additional road tax limited to 2 J% on taxable property
for improvement of public highways within 5 m. of said city or village ;
commutation of road tax. 2§ *o5 ch.32, 4 Ap
V N. J. Rev. *o3 ch.9 7 providing for permanent improvement of public
roads. 19 § '05 ch.58, 27 Mr
w N. M. Construction, maintenance & discontinuance of public high-
ways; road districts & taxes; labor & materials; obstruction or in-
jury. Rep.'oi ch.40. 41 § '05 ch.124, 16 Mr
z If. Y. Amdg. town law '90 ch.569 §15: town of 2-14 sq. ra. § in-
corporated may abolish highway com*r; to be entitled to benefit of
exemption from taxation under gen. highway law, '85 ch.348 §53. i§
'05 ch.209, 17 Ap
y N. Y. Amdg. highway law '90 ch.568 §10: repairs on highway or
bridge exceeding $1500 must be authorized at town meeting. i§
'05 ch.417, 16 My
yi If. D. Amdg. R.C.*99 §1114 rel. to inspection & care of township
roads & bridges by supervisors. 2§ '05 ch.176, 9 Mr
E^oads. Streets
^700-2 X. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
y2 Okl. County system of highways to be adopted on majority vote
of electors. 23 § '05 ch.ii art.i, 10 Mr
ya Or. County Court may authorize U. S. to build experimental high-
way in its jurisdiction. i§ '05 ch.64, 10 F
y4 Or. Improvement of County roads; cost assessed on adjacent
land; county aid; supervision; contracts. 21 § *o5 ch.230, 22 F
yS Pa. Bd of road supervisors to be elected in townships of 2d class
for term of 3 yrs; duties; road taxes & work. i6§ '05 ch. 10 7, 12 Ap
y6 Pa. Amdg. '01 ch.318 §2: coimty may issue road bonds to J [-|^]
of I % property valuation ; excess over j\o{ 1% to be approved by
grand jury & Court of Quarter Sessions. i§ *oS ch.138, 17 Ap
y7 Pa. Amdg. '95 ch.251 §1 rel. to construction, repair, improvement
& regulation of county roads. i§-» '05 ch.203, 22 Ap
y8 S. C. Ratifjring amdt. to Const. 1895 adopted by people Nov.
1904: Leg. may pass local & special laws rel. to construction & work-
ing of roads; drainage. i§ *oS ch.408, 18 F
z Tenn. Amdg. '01 ch.136 §1, 5, 7 rel. to working & la5ring out of
roads in counties imder 70,000: msdr. to refuse office of district road
com'r; assmt. of damages to landowner; certain counties excepted.
4§ '05 ch.478, 17 Ap
zi Wis. Atndg. '01 ch.312 §2 rel. to county aid to towns for construc-
tion of highways ; awarding of contracts ; inspection, i §
'oS ch.2io, 16 My
22 Wy. Amdg. R.S.'qq §1943, 1946, 1948. 1953 rel. to road tax & im-
provement ; traction engines. Rep. R. S.'99 §1944-45, 1949-50, 1954-
57. 9§ 'oSch.S2,2oF
2702 State road systems and state aid
a Cal. State road from Gen. Grant National park, Fresno county
to Kings River canyon ; $25,000. Rep. '95 ch.96. 4§
*o5 ch.S98, 22 Mr
b Ct. Amdg. G.S.'o2 §2086-88 rel. to public roads: salary of State
Highway Com'r $3000 & $7500 expenses; improvement of town high-
ways. 3§ '05 ch.232, 13 Jl
c Del. Rep. '03 ch.380 which pro\nded for permanent improvement
of public highways; appointment of Newcastle county State Highway
Com'r. i4§ '05 ch. 139, 30 Mr
d Id. Providing for construction of system of wagon roads & trails
in intermountain region to aid in developing mining sections: $50,000
loan; on completion, roads to be maintained at county expense. 28 §
'05 p. 206, 8 Mr
e Me. Amdg. R.S.'o3 ch.23 §100-2 rel. to state aid to towns making
permanent road improvements. Rep. §104. 4§ '05 ch. 11 5, 21 Mr
f Me. Gov. to appoint Com'r of Highways; to compile statistics &
advise local authorities. 4§ '05 ch.146, 24 Mr
g Md. Amdg. Const. 1867 art. 3 §34: Leg. may apportion to Balti-
more city & the several counties $400,000 annually for construction
& maintenance of highways. Rejected Nov. 1Q05.
'04 ch.97, 10 Mr (not in session laws)
Roads.
LOCAL GOVERNMENT
h Mich. State aid in road improvement. 17 § '05 ch.146, i Je
i Mich. Amdg. Const. 189S art. 14 §9: state may aid in improve-
ment of wagon roads. Adopted Ap. 190$. i§ '05 p. 531
j Minn. State aid for road improvement. 12 § '05 ch.163, 13 Ap
k Minn. Submitting amdt. to Const. 1857 art.9 §16: Leg. may levy
tax of J [^q] mill for bridge & road fund; omitting clause rel. to ap-
pointment of State Highway Com'n. Vote Nov. 1906. 3§
'oS ch.2i2, 17 Ap
m If. H. "An act to provide for state aid & for expenditures of other
public moneys in the permanent improvement of main highways
throughout the state." i3§ 'o5ch.35,24F
n If . Y. Amdg. Const. 1894 art. 7 by adding §12: Leg. may con-
tract debts for improvement of highways, limited to $50,000,000;
counties to pay not more than 35%, or towns, 15% of cost of high-
way. Adopted Nov. 190$. '03 p. 1454, 2 Ap; '05 p. 2 138, 13 Ap
p Pa. Cumberland road freed from tolls & added to state highway
system. 7§ '05 ch.97, 10 Ap
q Pa. Rev. '03 ch.141 rel. to state highways. 27§ '05 ch.220, i My
r R. I. Salary of members of State Bd of Public Roads, $Soo. 3§
*o5 ch.1227, 21 Ap
8 R. I. Submitting question of bond issue of $600,000 for state roads.
Approved Nov. 1905. '05 r.i, 21 Ap
t Wash. Provision for constructing certain state roads; $100,000. 8§
'05 ch.7, 26 Ja
u Wash. Tax of J mill imposed on all property in state for highway
fund. 2§ 'oS ch.137, 9 Mr
V Wash. Provision for construction of certain state roads; state aid,
§, county aid, J of cost; on completion, roads to become coimty charge.
Rep. 'oS ch.7, §1-6, 8. i2§ '05 ch.174, 13 Mr
w Wis. Referring to Leg. of 1907 amdt. to Const. 1848 art.8 §10:
state may appropriate money or levy tax for construction or improve-
ment of public highways. '05 p.991
3703 Road officers. Overseers. Street commissioners
a IlL Amdg. '83 p. 136 §66: salary of Highw^ay Com'r $2 [$i.So] a
day. i§ '05 p.367, 13 My
b Minn. Election of highway overseers at annual town meeting. 2 §
'65 ch.70, 23 Mr
c Mo. Creating office of supervisor of roads & road overseers in
county of 120,000-175,000. 5§ '05 p.279, 21 F
d Men. Amdg. '03 ch.44 §51-53 rel. to inspection of highways &
bridges; compensation & report of officers. 4§ '05 ch.7 6, 3 Mr
e S. D. Amdg. P.C. §1007: highway overseers to be voted for on
separate ballot from township officers. 2§ '05 ch.io6, 4 Mr
f Vt. Amdg. '02 ch.63 : if voters of incorporated village are ineligible
to vote for road com'rs of town separate ballots must be used. 2§
'04 ch.85, 10 D
Roads. Streets
2704-10 N. Y. STATE LIBRARY INDEX OF LEGISLATION I90S
2704 Road districts
a Mich. Township system of roads except in Upper Peninsula; not
applicable to county under county road system or special act ; proviso.
i4§ *o5 ch.69, 19 Ap
b Mo. Public road districts; benefit assmts.; com 'rs; poll tax. r5§
'05 p.282, 14 Ap
c Mo. Formation of new road districts; overseers; poll tax; road
work. Adds R.S.'99 ch.151 art.13 §9696aa-vv. 2i§ '05 p.273, 15 Ap
2706 Road machinery and material
a Fla. Amdg. '99 ch.108 §6 as to purchase of road materials by
county com*rs. 2§ '05 ch.68, 29 My
b Fla. Amdg. '95 ch.17 §19: road overseer may take shell, marl or
other material for road purjxjses; appraisal. 2§ '05 ch.69 i Je
c K. D. Amdg. R.C.'99 §2673: purchase or sale of road machinery
exceeding $100 to be submitted to vote at annual township meeting.
2§ '05 ch.iSi, 13 Mr
2707 Street improvement
See also 3569, Special assessments
a Minn. City of 50,000 may incur bonded debt of $10,000 to im-
prove highway leading out of same. 2§ *o5 ch.58, 23 Mr
b n. M. City or town may construct street crossing & assess cost on
property benefited. 8§ '05 ch.6, 10 F
c Pa. On petition of | abutting owners borough may require street
improvement & levy special assmt. 6§ '05 ch.i68, 20 Ap
d Pa. Borough may require grading, paving, curbing or repair of
streets & on failure of owner to comply may do work charging 10%
penalty. 2§ '05 ch.17 2, 20 Ap
e Vt, Amdg. S. §19 : mun. officers given same power to repair high-
ways as. towns & town officers. i§ '04 ch.i, 8 D
2708 Grading
a Ct. Action for damages to adjoining owner caused by change of
grade of highway by municipality, to be brought in 6 yrs. i§
'05 ch.49, 12 My
b If. J. Amdg. R.S.'74 p.7i8 §70, 7 2-75 rel. to recovery of damages
for injury due to alteration of grade of road. s§ '05 ch.226, 8 My
c If . D. . Regulating grades of highways in certain cases, i §
'05 ch.118. 24 F
2709 Paving. Macadamizing
a N.J. Assmt. for paving; levy; collection. 7§ *oS ch.x7o, 17 Ap
b Pa. Notice of borough ordinance requiring paving or curbing to
be posted along line of improvement for 60 days to give opportunity
to appeal to test legality. Supplements '89 ch.44. i§
'05 ch.123. 14 Ap
2710 Street railways
a Mo. Street railroad to pave crossings where right of way adjoins
street ordered improved. 2§ '05 p. 100, 6 Mr
b Mo. Amdg. R.S.'99 §5523 rel. to paving, macadamizing or repair
of street by street ry. i§ '05 p.75, 6 Ap
Roads.
LOCAL GOVERNMENT
271 z Location. Opening. Altering. Vacating
a Ct. Amdg. G.S.*o2 §2050 rel. to procedure in laying out new streets
& highways. 3§ '05 ch.254, 19 Jl
b 111. Amdg. '83 p. 1 36 §59 rel. to appeal from decision of com'rs on
petition to open or alter road. i§ '05 p. 369, 16 My
c Ind. Highway on abandoned railroad right of way to be maintained
as free gravel state road; proviso. i§ '0$ ch.87, 4 Mr
d Me. Amdg. R.S.'o3 ch.23 §11 rel. to relocation of doubtful boun-
daries of highways. i§ '05 ch.79, 17 Mr
e Mich. Amdg. '8 1 ch.243 pt i § 1 rel. to width of public highway, i §
'05 ch.59, 13 Ap
f Mich. Amdg. '81 ch.243 pt i §8 rel. to appeal from determination of
township bd as to highway. i§ *o5 ch.195, 13 Je
g Minn. Amdg. G.S.'94 §1832 rel. to laying out of public cartway;
dedication; damages, ij '05 ch.66, 23 Mr
h Minn. Amdg. G.S.*94 §1883 rel. to appointment of com*n to lay out,
alter or vacate judicial highway. i§ '05 ch.24S, 18 Ap
i Mo. Amdg. R.S.*99 §5649 rel. to service of notice on owner of
property in condemnation proceedings in opening or widening street.
i§ 'o5p,74, 6Ap
j Mo. Amdg. R.S.'99 §9442 as to assmt. of damage to property in
draining or building road. r§ '05 p.281, 14 Ap
k Keb. Amdg. Ann. S. '03 §4441: county boards may acquire title to
lands for laying out, altering or discontinuing roads. 3§
'05 ch.44, 30 Mr
m Neb. Amdg. Ann.S'03 §6009-14, 6018-19 rel. to laying out road to
cozmect with public wagon bridge constructed across stream forming
county boundary; appointment of road committee. 9§
*o5 ch.123, I Ap
n Keb. Amdg. Ann. S '03 §6042 : elector residing within 5 m. of road
may appeal to District Court of county from decision of county bd
rel. to establishment, vacation or alteration of road ; costs. 2§
*oS ch.124, 4 Ap
p If. J. Amdg. *97 ch.i6i §33 as to power of borough council to open
roads. i§ '05 ch.52, 23 Mr
q N. J. "An act to provide for extension & maintenance of public
roads." Rep. '97 ch.129. 3§ '05 ch.63, 28 Mr
r N. J. County may widen highway between 2 or more municipalities.
4§ 'oS ch.119, 6 Ap
8 If. J. On adoption of act township may secure land for streets
either by purchase or condemnation. 5§ '05 ch.182, 20 Ap
t Or. Coimty Courts & bds of county com'rs may appropriate land
for roads & prescribe procedure for taking same. 5§ '05 ch.29, 6 F
u Or. Amdg. Ann. C.& S. §4820: County Court may vacate road not
used for vehicles for 5 yrs. i§ '05 ch.224, 22 F
V Pa. Amdg. '99 ch.115 §1 rel. to notice to supervisors or com'rs of
roads of petition for construction of new road. i§ 'oSch.5i,29Mr
w Pa. Appeals from report of viewers on opening, extending or re-
pairing road. Supplements '91 ch.59. s§ *oS ch.141, 18 Ap
Roads. Streets
2711-13 N. Y. STATE LIBRARY INDEX OF LEGISLATION I9OS
z S. B. Public highways across relicted lands not abandoned by
apportionment of land. i§ '05 ch.119, 8 Mr
y Wis. Amdg. S/98 §1283 as to laying out & discontinuance of high-
ways. i§ '05 ch.189, 12 My
z Wy. Amdg. R.S.*99 §1058 subdiv.7 : county com'rs to have power
of eminent domain to construct roads. i§ '05 ch.54, 20 F
3712 Streets
a If. Y. Amdg. C.C.P. §1024 as to appointment of com'r of estimate
& appraisement in condemnation or street opening or referee in ist or
2d judicial districts. i§ '05 cli.435, 16 My
b Pa. Municipalities may vacate streets that have remained un-
opened 30 yrs. 3§ '05 ch.30, 21 Mr
c Pa. "An act to provide for . . . closing of alleys, lanes or passage-
ways that are, or may become, public nuisances; & to compensate
. . . owners or others . . . damaged & assess benefits ..." ij
•05 ch.136, 17 Ap
d S. C. Amdg. C.C. §1396 rel. to power of town to purchase land for
street. i§ '05 ch.490, 4 Mr
3713 Road taxes and work
See also 2569. Special assessments
a Cal. Amdg. '89 ch.247 §4: levied but uncollected road tax to be-
long to city or town annexing property ; county to collect & account.
i§ '05 ch.411, 20 Mr
b 111. Amdg. '87 p. 266 §64 rel. to inclusion in tax levy of damages &
benefits on account of road work. i§ '05 p.368, 13 My
c Kan. County treasurer to pay township road tax to 3d class city
constituting separate road district. 2§ '05 ch.127, 22 F
d Minn. Assmt. & collection of road tax in coimty of 150,000. Rep.
'01 ch.2S6. 4§ 'oS ch.151, 12 Ap
e Minn. Amdg. G.S.'94 §1783-85 rel. to assmt. of road tax. 3§
'05 ch.324, 19 Ap
f Neb. Amdg. Ann. S.'o3 §4579: town tax levy for road purposes
limited to lo [2] mills in counties under township organization. 3§
'05 ch.52, 9 Mr; '05 ch.53, 3 Ap
g Neb. Amdg. C.S.'o3 §5327, 5329, 5331-32 rel. to road tax in counties
not under township organization to be paid in cash [J in labor]; J to
be divided among com'r districts and J to be expended in road
district; exception; pay for labor on road. 5§ '05 ch.125, i Ap
h N. Y. Amdg. highway law '90 ch.568 §51: town having adopted
"money system" of taxation for road work can not change for 4 yrs.
i§ . 'oS ch.108, 30 Mr
i N. D. Amdg. R.C.'99 §1081 rel. to levy & expenditure of [annual]
road tax in counties of 2000. Rep. §1084. 3§ 'o5 ch.i6o, 11 Mr
j Pa. State forest reserves subject to charge of 3c an acre for schools
8c 2C for roads. 2§ *o5 ch.8i, 5 Ap
k S. C. *'An act to provide age & time in which road duty shall be
performed in certain counties ... & to fix the amount of commuta-
tion tax in lieu thereof." 4§ ' *o5 ch.440, 22 F
Roads. Streets
LOCAL GOVERNMENT 2713-16
m S. C. Ratif3rmg amdt. to Const. 1895 art.3 §34 subdiv 2, 9 adopted
by people Nov. 1904: Leg. may pass local or special law to regulate •
highway work or to provide age for road duty. i§ '05 ch.483, 9 Mr
n S. D. Amdg. P.C. § 1659 : road taxes on railroad may be worked out
in place where property assessed is located. 2§ '05 ch. 50, 7 Mr
p Tenn. Rep. '03 ch.36s §2, 3 as to rate of taxes allowed for road im-
provement in cities of over 100,000. ij *oS ch.321, 12 Ap
37x4 Poll tax and road work
a Wash. City of 3d or 4th class may levy annual street poll tax. i§
'05 ch.75, 6 Mr
b Wash. Verbally amdg. '03 ch. 1 19 § i rel. to levy of road poll tax. i §
*oS ch.is6, II Mr
3715 Roads on boundaries. Joint roads
a Ind. County com'rs may improve 3 m. road on coimty line where it
forms part of hard road ; apportionment of expense ; special tax. 7§
'05 ch.164, 7 ^T
b Mich. Rev. '89 ch.62 providing for building & repairing of roads &
bridges situated in more than i township or municipality on failure of
either party to contribute. 7§ '05 ch.306, i7 Je
3716 Sidewalks
a ni. Rev. '7 5 p.63 rel. to special assmt. for construction of sidewalk.
Adds §7-8. 8§ '05 p.89, 18 My
b Mich. Amdg. '99 ch.76 {i: driving animals on sidewalk or side
path unlawful. i§ '05 ch.228, 16 Je
c Mo. Amdg. R.S.'99 §6262 : certified bill of specially chartered city
for sidewalk improvement prima facie evidence of amoimt of lien on
property benefited. i§ '05 p.84, 8 Ap
d Ifeb. Amdg. C.S.*o3 §1794 as to laying of brick, stone or concrete,
sidewalks in cities of 2d class; villages, less than 5000. 2§
*oS ch.29, 30 Mr
e N. Y. Amdg. village law '97ch.4i4§i6i: bdof village trustees may
prescribe manner of doing work & materials in sidewalk construction
or repair. i§ *o5 ch.98, 24 Mr
f If. D. Construction & repair of village sidewalks ; assmts. 3§
'05 ch.184, I Mr
g Pa. **An act to provide for construction of sidewalks along turn-
pike roads in townships of ist class, where said roads pass through
towns or villages." 4§ *o5 ch.195, 22 Ap
h Wash. Sidewalk maintenance & repair in cities of ist 4 classes &
chartered city or town of equal population. 2§ *oSch.37,24F
i Wis. Construction & repair of sidewalks in villages. 4§
'05 ch.iis, 22 Ap
j Wis. Amdg. S.*98 §925 subdiv. 205 rel. to lajring & repairing of
sidewalks in cities by bd of public works when owner of abutting land
neglects to do so. i§ '05 ch.159, 3 My
Roads. Streets
3717-23 N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
2717 Repair
a Wis. Cities of 4th class not having special charters to repair
dangerous sidewalks after notice & chaise expense to abutting prop-
erty. i§ '05 ch.277, I Je
2718 Bicycles and bicycle paths
See also ia45* Bicycles (baggage); 1775. Bicycles (insurance)
a n. M. Prohibiting riding of bicycle on sidewalk of unincorporated
town. 2§ *o5 ch.86, 15 Mr
b H. Y. Bd of sidepath com'rs may appoint special police officers for
paths. Adds §13 to '99 ch.iSa. i§ '0$ ch.605, 24 My
27x9 Private roads
a Md. Landowner to have right of way over adjoining land to church,
market town etc. & may obtain private road by application to cotmty
com'rs. C. art. 2 5 §100-21. Uttconst. Takes private property for
private use. Amsperger v. Crawford 61 A. 413 (1905).
b Mo. Amdg. R.S.'99 §10357 rel. to width of private road. i§
'05 p.280, 31 Mr
c Wy. Msdr. to neglect to close gate or replace bar in fence crossing
private road. i§ *o5 ch.28, 15 P
2720 Toll roads
a Cal. Amdg. C.C. §513-14, 517-18, 522 rel. to amount & penalty for
unreasonable delay in toll taking by wagon road corp. ; mortgage of
property. 5§ '05 ch.426, 21 Mr
b Nev. Amdg. '65 ch.78 §2, 8: toll road franchise may be granted for
20 [10] yrs; coimty may purchase at end of 10 [5] yrs, rates to remain
unchanged 10 [5] yrs. 2§ '05 ch.149, 24 Mr
c Tenn. Relocation of tollgates by turnpike co. 3§
'05 ch.384, 14 Ap
272 z Public purchase
a If. J. Com'n of 5 to be appointed by Gov. to investigate turnpikes
with view to converting them into free public roads; report to Gov. by
Nov. 1905. 3§ *o5 p.564, 14 Mr
b K. J. County may purchase stone toll road over i m. & maintain
as public road; state to pay J. 5§ '05 ch.173, 18 Ap
c If. J. Coimty may issue 30 yr 4% bonds for road taken from ex-
tinct plank road co. Supplements '04 ch.138. i§ *o5 ch.184, 20 Ap
d Pa. Turnpike secured as free road to be repaired by authorities
in charge. 2§ '05 ch.176, 20 Ap
3722 Miscellaneous
2723 Automobiles and motocycles
a Cal. Msdr. to use bicycle, automobile or other vehicle without
owner's consent. Adds Pen. C. §499b. i§ '05 ch.190, 18 Mr
b Cal. Franchise for construction of road for use of horseless vehicles
may be granted by county, city or town for 50 yrs. Adds C.C. §524.
*o5 ch.427, 21 Mr
c Cal. "An act to regulate the operation of motor vehicles on public
highways. '* q§ '05 ch.612, 2a Mr
d
ct.
i5§
e
Del.
f
Fla.
e
Fla.
Roads,
LOCAL GOVERNMENT
Motor vehicles: numbering; use; speed. Rep. '05 ch. 107, 1 08.
'05 ch.230, 13 Jl
Amended. '05 ch.asS, 19 Jl
Amended. '05 ch.28a, 19 Jl
Regii^tration & use of motor vehicles. i5§ '05 ch.124, 6 Ap
Regulating use of motor vehicles. 2o§ '05 ch.66, 11 My
"An act for the safeguarding of persons from injury during
automobile racing." 6$ '05 ch.67, i Je
h Ind. "An act to regulate speed, operation & registration of . . .
motor vehicles on public highways ... " i4§ '05 ch. 123, 6 Mr
i Me. Registration of automobiles & licensing of operators. Adds
§17-22 to R.S.*o3 ch.24. 6§ '05 ch.147, 24 Mr
j Me. Town of Castine may close certain roads to motor vehicles &
provide penalty within certain limits, i §
'05 private laws, ch.326, 21 Mr
k Mass. Registration of automobiles & motocycles & licensing of
operators. Amds. '03 ch.473 §1, 2, 4, 9 & rep. §6. 7§
'05 ch.311, 20 Ap
m Mass. "An act rel. to speed at which automobiles & moto-
cycles may be operated on public ways." Rep. '03 ch.473 §14. 2§
'05 ch.366, 4 My
n Mich. Motor vehicles. .2 7§ '05 ch.i96, 13 Je
p Men. Speed of automobile or motor vehicle on highway. 6§
'oS ch.ioi, 7 Mr
q Heb. "An act requiring registration of motor vehicles & regulating
their use . . . on highways ... " 12 § '05 ch.129, 3 Ap
r H. H. Motor vehicles to be registered & operators licensed; non-
residents; safety devices & speed; permits for speed trials ; fees. 13 §
'oS ch.86, 10 Mr
8 H. J. Toll rates for motor vehicles. i§ '05 ch.121, 7 Ap
t If. J. Amdg. '03 ch.ss regulating registration & licensing of motor
vehicles, safety appliances & speed. 9§ '05 ch.250, 26 My
u If. C. Amdg. C. §707 subdiv. 15: county com'rs may regulate speed
of motor vehicles in county; exceptions. i§ *oS ch.331, 28 F
V If. D. Operation of automobiles on highways. 6§ *o5 ch.49, 23 F
w Or. "An act to regulate use of automobiles on county roads within
state." i4§ '05 ch.136, 21 F
z Pa. Speed limit for motor vehicles; tags, lights, brakes & signals;
license of operator; procedure to recover penalties. i4§
'05 ch.iS9, 19 Ap
y S. C. "An act to regulate running of motor vehicles on public
highways ... " 8§ ^ *oS ch.493, 7 Mr
z S. D. Motor vehicles to be registered; regulations for use; speed.
i4§ '05 ch.137, 24 F
zi Tenn. Registration & use of automobiles; damages. 6§
•05 ch.173,4 Ap
Z2 Vt. "An act to provide for registering, numbering & regulating
speed of . . . motor vehicles & for licensing operators ... "
i4§ '04 ch.86, 10 D
Roads. Streets
«7a3-37 N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
33 Wash. Regulating use of automobiles & motor vehicles. 13 §
•05 ch.iS4, II Mr
•24 Wis. Regulating use of motor vehicles on public highways, ii}
'05 ch.30S, 5 Je
^737 Cleaning. Watering. Oiling
a Ct. Opening of highway blocked with snow. i§ '05 ch.245, 19 Jl
b IlL Amdg. '95 p. 271 §14: if authorized by vote of park district,
park com'rs may sprinkle streets & maintain parkways. i§
'05 p.341, 13 My
X N. H. Amdg. P.S. ch.50 §10 1(14: city cotmcil may establish
sprinkling districts. i§ '05 ch.io, 8 P
d N. Y. Amdg. highway law '90 ch.568 §4, 21, 33 rel. to appointment
of overseers in towns under money system & removal of snow from
highwa3rs. 3§ '05 ch.672, i Jc
■2738 Damages through defect
S«0 also 471, Torts; 3446, Municipalities
.a U. Amdg. R.S.'98 §312,313: detailed claims against incorporated
city or town for damages caused by defective highway to be filed
within JO [90] days : additional time if required to make clatm more
•^ectfic, 2§ 'oS ch.s, 15 P
3731 Encroachments
a If. J. City governed tmder '02 ch.107 may authorize owner of
property on opposite sides of street to connect by suitable bridge. 25
'oS ch.46, 22 Mr
3733 Guide boards
^ Cal. Appropriating $5000 for erecting guideposts in deserts;
felony to injure post. 4§ '05 ch.609, 22 Mr
^736 Highway regulations
a Ct. Passing of persons & vehicles on public highways: "vehicle"
defined ; owner of animal or vehicle liable for damage by employee or
incompetent hirer while driving. Rep. G.S.'o2 §2035-38. 6§
'o5ch.2i6. 6J1
b Okl. Msdr. to race horse on public highway. i§
•05 ch.13 art.2, 13 Mr
3737 Obstruction. Injury to roads
a Minn. Amdg. G.S.'94 §1863 as to penalty for removing earth from
highway. 2§ '05 ch.2i5, 17 Ap
b Vt. Penalty for obstruction or injury to highways. s§
•o4ch.83, 7 D
c Wis. Amdg. '03 ch.52 §1 prohibiting camping on highway [for
12 hrs or more] after notice to remove. i§ '05 ch.183, 8 My
4 Wy. Amdg. R.S.'99 §1965 as to proceedings against person or
-CO. flooding highway. i§ 'oS ch.63, 20 P
Roads. Streets
' LOCAL GOVBRNMBNT 3740-4S
2740 Road engines on highways
5«e also 1399. Bridges
a Or. Permits for use of traction engine for teaming loaded wagon
on county road. 7§ '05 ch. 189. 21 F
b Tenn. Use of traction engines & other machines on highways
according to provisions of '89 ch. x 59 ; proviso. 2 } '05 ch. 460, 1 7 Ap
274a Trees. Grassplots
a CaL Amdg. P.C. §4080 rel. to planting, cultivation & care of shade
trees on public highway. i§ '05 ch.ii8, x8 Mr
b Ct City of Hartford may impose on a city dep't or bd super-
vision of the planting & maintenance of trees in highways. z{
'05 special acts ch.104, 12 Ap
c Ct. Town selectmen to cut trees & bushes adjoining highway.
Rep. G.S.'o2 §2029. 3§ '05 ch.277, 19 Jl
d Kan. Abutting owner in city of ist 3 classes may recover for or
enjoin injury to shade tree or ornamental shrub witUn curb line. i(
'osch.ios, 18 F
e Mass. State Highway Com 'n- to have exclusive control of shade
trees on state highways ; penalty fpr injuring tree. Amdg. R.L. ch. 2 08
§104. 4§ *o5 ch.979, iz Ap
f K. Y. Town on petition of 25 taxpayers may appoint tree warden;
duties. Adds §45 to town law '90(^1.569. i§ *oS ch.502, 17 My
g Okl. Abutting property owners in cities of ist class, towns &
villages to hold title to trees, shrubbery etc. growing within boundary
line of streets; action for damages to trees. z§ '05 ch. 8 art.6, 2 Mr
h Vt. Town may elect tree warden to plant & care for highway shade
trees; penalty for wanton injury to trees. 8§ '04 ch.76, 3 I>
2744 Weeds. Brush
a Kan. Amdg. G.S.'oi §3118: road overseer after 30 days' notice to>
owner, to cut weeds in highway; cost added to taxes. i§
•05 ch. 363, 3 Mr
b If. Y. Amdg. highway law '90 ch.S68 §53*: owner to cut & remove
brush from highway adjoining property; enforcement where highway
is town boundary line, ij *oS ch.293, 22 Ap-
c n. D. Road overseer to destroy weeds on graded or cultivated'
highway. 4§ '05 ch. 117, 9 Mr
2745 Weight of load. Wide tires
a Fla. Regulating width of tires on vehicles with heavy loads in^
cotmties having improved highways; county com'rs to call hearing
& determine wide tire question. 7§ '05 ch. 79, 3J My
SUBJECT INDEX
Abduction, 294, 219a
Abortion, 266
Abstracts, 397
Academies, 2327
Accident insurance, 1754, I7^» I74ic
Accidents, 938s
electric companies, 2639
railway, 1315
Accountants, 1536, 856d, 856e, 858b
Accounts, 853
local government, 22575
state examiner of, 55
Acetylene gas company, 2628i
Acknowledgements, 393
Actions at law
civil procedure, 695
criminal procedure, 202
for damages, 27Q3a, 2708b
special, 739
See also Courts; Procedure
Acts, see Statutes
Adjutant general, 2400, 2379e, 2379f,
2379h, 239IW, 2392b
Administration of estates, 426
Administration of justice
civil procedure, 590
crimes against, 238
criminal procedure, 202
Administrative law, 750
Administrators, 441, 442, 5i8d, 703g
Adoption, 497
Adulterations, 1464
of foods, 956, 1493J
Adultery, 268, 264a
Advertisements
nuisances, 1082
regulation of, 1592
Affidavits, 721
Agency, 460
Agriculture, 1826
associations. 1835
experiment stations, 1828
Agriculture (^continued)
fairs, 1835, 1840
insurance companies, 1770J
products, 1427
schools, 2343, 224oe
societies, 74ih
state boards, 1826, 1832c, 1844s,
1844X
statistics, 1832
Air guns, 1 118
Alcohol, 900, 998
teaching effects of, 2310
Aliens
land tenure, 391
suffrage, 135
Almshouses, 2155
Alum, 956 j
Amusements, 879
Animals
bounties on, 1856
communicable diseases, 1144
cruelty to, 896
domestic, 1875
taxation, 824
humane treatment, teaching, 2302,
2288c
noxious, 1856
See also Live stock
Anniversary celebrations, 2364
Annuity insurance, 1760a
Antitoxin, 1028
Apothecaries, see Pharmacy
Appeals
civil cases, 733
court of, see Court of Appeals
criminal cases, 225
Appraisal, public lands, 776
Apprehension of criminals, 203
Appropriation of property, see Con-
demnation
Appropriations
local finance, 2577
See also Accounts ; Budget
N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
Architects, 1534, 780c
state, 783
Archives, 2365
Armories, 2392
Arrests, 203
civil, 706
of highwaymen, 208a
Arson, 310
Art galleries, 2385a
Artesian wells, Ii8p
Assault, 296
Assembly, see Legislature
Assessment companies, 1760
Assessment of taxes, see Taxation
Assessments, special benefit, 2569,
2620e
boulevards, 2681b, 2681c
lighting, 2633a
roads, 2704b
sewers, 2671, 2664a
sidewalks, 2716a
street improvement, 2707b, 2707c
waterworks, 2652, 265og
Assessors, see Tax assessors
Assignments, 449
Asylums
blind, 2191
deaf and dumb, 2186
epileptics, 2213
feeble-minded, 2218
hospitals, 2165
insane, 2198, 21836
Attachment, 741
Attorney general, 50
board of control, member of, 8S7a
deputy, 50a, 50b, 50g, 5oh, 50J, 67SU
powers and duties
bonds in actions, 737i
corporations, 84 iq
fraternal beneficiary societies,
1761a
public buildings, sites for, 780J
public lands, 774i, 778a
public nuisances, io65g
railways, I267h
roads, 2700a
statutes, lie
trusts, 511a
salary, So, 38(8a
Attorneys, 591, 528b, 902a
fees, 464b, 528b
poor prisoner, 227
prosecuting, 675
See also Counties, District, State's
attorney; Trials
Auditor, see Counties, auditor; Mu-
nicipalities, auditor; State auditor
Automobiles, 2723
Bacteriological laboratories, 936a,
936b
Badges, 1504
veterans, 2421
Baggage, 1244
Bail, 209, 203a, 204b, 225m, 370b
Bakeries, 980, 2053, 2087
Ballots, 175, 126b, I26h, i6ot, i6ozi,
27036, 2703f
school, 2225a
Banks, 1679
actions against, 701a, 701 f
capital stock, 1684, 1679 j
deposits, i6ffi, 1712
' public funds, 868, 2600
examiner, 38 (8i, 1720a, 1720c
foreign, 1689
insolvency, 1687
inspection, 1680
loans, 1691
name, 1692
officers, 1693
savings, 1708, i684d
state departments, 1680, I7i8d
stockholders liability, 1690
surplus, 1695
taxation, 843
Bar, admission to, 592
See also Attorneys
i Barbers, 1540, 929a
I Baseball, sooq, 929b
I Bastards, 270, 424d, 424f, 424g, 424i
I Baths, 2698, 929a
j Battlefields, memorials on, 2376
I Battle flags, 2371
Bee products, 986
Bees, diseases of, 11 71
Beet sugar, 1635
SUBJECT INDEX
Benevolent associations, see Char-
itable institutions; Fraternal bene-
ficiary societies
Benzine, labeling, 149311
Bequests
exempt from taxation, 836k
local government, 2688
See also Wills
Betting, 883
Bicycles, 2718
Bigamy, 272
Billiards, 881
Bills, legislative, 106
Biology, 2383
Birds, 1944
game, 1947
Blacklisting, 2137, 2134a
Blasting, 11 19
mines, 2067
Blind, 2188, 2183a, 2183b, 2183c,
2183d, 2i83h
Bloodhounds, 205
Blue books, 72
Boards, see specific heads
Boats, 8o8a, 8236
Boilers, 1128
Bonds
administrators, 441 j
bail, 209, 203a, 204b, 225m, 370b
civil procedure, 737
contractors, 779a
leasing state prisoners, 356a
corporations, 513, i679d
railway, 1279
exempt from taxation, 8iof, 8ioh,
812b
fiduciary, 467b
garnishee, 742m
guardian, 445f, 445k
insurance companies, I74id
liquor license, 907n, 9i6h
mortgage, 18351
official, 38(4
attorney general, deputy, 5oh
county officers, 2515, 2522(56,
2593b, 2S93h
insurance commissioner, 1733c
secretary of state, 49g
state auditor, 857c
state examiner, deputy, 55c
Bonds, official {continiAed)
state treasurer, 8S7c, 8S9c, 859d,
8S9f
probate, 435
receivers or fiduciaries, 448a
seine, use of, 1971c
state and local, see Debts, public
for support of family, 496i
surety and guaranty companies,
1796, I79SC
trustee, 449f
Bonus, 1633
Bookmaking, 887
Boroughs
debts, 262od
See also Municipalities
Bottles, 1501
Boulevards, 2681
Boundaries
bridges on, 1396
county, 2493
property, 386
roads on, 2715
state, 17
Boundary waters, 703d
Bounties
on animals, 1856
encouragement of industries, 1633
trees, 1892
Bowls, 881, 929b
Boycotts, 2134a
Branding
animals, 1883
timber, 1897
Bread, 978
Bribery, 250, 4^(5
legislature, 96
telegraph operator, 1421b
voters, 160ZI, 167c, i67d
Bridges, 1393
railway, hight of, 2081
Brigadier general, 2398g
Brokers, 833g
insurance, 1738
Brush on roads, 2744
Bucket shops, 1507
Budget, 849
local finance, 2575
Building and loan associations, 17 18,
70if, i68op
N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
Building material, 1466a
Building trades, labor regulations,
2054
Buildings, sanitation and safety, 1099
Buildings, public, 779
insurance of, 791, 2558
local government, 2555
school, 2233, 256 1 a
Burglary, 312
insurance against, I74ig, 1770k
Burial benefit insurance, I76ig
Burial expenses, soldiers, 2411
lots, 1058
of paupers, 2x52
permits, 1052
Butter, 964, 1427a
Canal claims, 855d
Canals, 1384, 84511, 1295a
Candidates, elections, 160, I26h, 150c,
i67d
Canned food, 976
Cans, 1501
Canvass of votes. 195, 126b, I26e,
I26h
Capital crimes, 304
Capital punishment, 229
Capital stock, 509
banks, 1684, 1679J
building and loan associations,
1721a
insurance companies, 1739, 1759a
lighting companies, 2647
railways, 1279
Capitol, 781, 780a, 78oh, 780!
Car companies, 1267
See also Railways
Carcasses, disposal of, 1069, 1150
Cards, 88ic
Cars, see Railways; Street railways
Casualty insurance companies, 1764,
1760b, I762e, I795g, I795b
Cattle, Ii44h, ii44i, Ii44n, 1144P,
Ii44q, II44Z2, 1148a, 1148b, 1148c
guards, 1321, I337d
See also Dairy products; Domestic
animals
Caucuses, 160
Cemeteries, 1054, 8iob, 842d
Census, 21
school, 2274
Certiorari, 749a
Challenges, voters, 2225b
Chancery courts, 429h, 448k, 467a,
I7i8e
evidence in, 722
Charitable corporations, 583f, 583h,
584d, 585e
Charitable institutions, 2140
exemptions from taxation, 812
Charities, 63, 2140
blind, 2188
children, 2172
deaf and dumb, 2184
epileptics, 2210
feeble-minded, 2215
insane, 2193
poor relief, 2149
sick and disabled, 2160
state boards, 63, 335b, 2143a, 2149a,
2i72h, 2182a
Chattel mortgages, 414
Checks, 864
Cheese, 964
factories, 956g
Chemist, state, see State chemist
Chicory, 1641
Children, 2172
adoption, 497
Mind, 2188
cruelty to, 895, 2172
custody, 497
deaf and dumb, 2184
guardianship, 445
illegitimate, 270, 424d, 424f, 424g,
424i
juvenile offenders, 371
labor, 2 118
employment, 2118
hours, 2085c
mines, 2121
reform schools, 346
See also Minors; Orphans;
Schools; Wards and guardians
Cholera, io2oh
Churches, see Religious corporations
Cigarettes, 92S
Circuit courts
appeals, 733y6
SUBJECT INDEX
Circuit courts (continued)
branch, in county, 6o9d
chancery, jurisdiction in, 6ogi
clerks, 67 le, 6711
franchises, powers relating to,
2628k
infant, custody of, 211b
insane, property rights, 495c
> judges, 668e, 668f, 668k, 668m, 668n,
668v, 668y, 668z
judgments, 73Sf
juries, 730(1
grand, 2i3f, 2i3g
marriage licenses, powers relating
to, 478c
medical licenses, revocation of, 944t
reporter, 6o3e
special attorney, 675t
terms, 609J, 609k, 6o9r
venue, change of, 710b, 710c, 7ioi
Circuses, iS32e
Cities, see Municipalities
Citizenship, 116
restoration to, 370b
Civil law, 375
Civil procedure, 695
Civil rights, 122
Civil service, 38(1
county, 2512
municipal, 2473
Civil War veterans, see Veterans
Claims
against estates, 442
against state, 855
local finance, 2586
state finance, 854
Clams, 2007
Clerks, see Counties, Courts. Munici-
palities, clerks, etc.
Coal, 788a
docks, 845t
weights and measures, 144 1
Cocaine, 926
Collateral inheritance tax, 836b, 836d,
836e, 836i, 836ki, 836?
Collectors, tax, see Tax collectors
Colleges, 2332
agricultural, 2344
Colonial laws, 2365
Combinations, 511, 589
insurance, 1740
railways, 1272a
street railways, 1342
Commerce and industry, 1422
Commercial feeding stuffs, 1472, 956g
Commercial schools, 2345
Commission
acceptance of, 460(5
merchants, 1544
Commissioners
counties, see Counties, commis-
sioners
special, 693
Common carriers, 1240, 1200a, 1200b,
1237c
Common pleas, court of, 667a, 2231 r,
2S23C, 2628h
Communicable diseases, 1020, 936b,
936e
of animals, 1144
Commutation of sentence, 366
Comptroller, see State comptroller
Compulsory school attendance, 2270,
371 (3b, 2223i
Concealed weapons, 262
Condemnation of property, 382
bridges, I395a
cemetery purposes, 1055a, 1057a,
1057b
county buildings, 2557c
electric companies, 2645e
fishing rights, 1900WI
land for public improvements, i8d
levees. 1197c
local finance, 2554
parks, 2685
public works. 2625
railways. 1297, I267n
roads, 271 it. "271 iz
school buildings, 2233f
sewers, 2663. 266id, 2661 f
state university, 2333b
street railways, 1361, I337d
streets, 27111, 2711s. 2712a
waterworks. 2649. ii8oh. n83z,
ii85f, 2655b
Condiments, 1006
Conditional sales, 415
N.
Y. STATE LIBRARY INDEX OF LEGISLATION I905
Confectionery, 1008
workshop regulations, 2053
Confederate veterans, pensions and
aid, 2409
See also Veterans
Confidence game, 325k
Congressional apportionment, 83a
Constables, 663, 659f
Constitutional amendments, 33; pub-
lication, 5c; printed on separate
ballot, iSib; adopted, 35; pend-
ing, 34; rejected, 36
attorneys, S92e
budget, 849a
cities, 2432a, 2433a
convict labor, 36oe
coroners, 647a
corporations, S03a, 506a
county auditors, 2593d
county commissioners, 2504a
county officers, 2512b
courts, 6o8g, 609a, 609b, 6o9h, 6o9i,
65511, 668c, 668f, 668g, 668m
debts, 865a, 865d, 865e, 2597a, 2598c,
2598d
depositories, 868c
direct legislation, 115b
drainage commissioners, ii92d
drains, Ii92y5
elections, 129a, 134a, 135a, I7ie,
175b, i8sa, 185c
eminent domain, 382h
labor, hours of, 2040b, 2085a
legislative bills, io6a
Legislature, 77a, 8of, 90a, 90c
sessions, 113a
lieutenant governor, 48a
negroes, 122c
passes, 1237c
peddlers, 1560J
probate courts, 430c
public officers, 38(96
salaries, 38(8a
public works, 2620c
railways, 1200a, 1282b, r283a
roads, 2597m. 270oy8, 2702g, 27021,
2702k, 2702n, 2702W, 2713m
school funds, 2241a, 2241b, 2241c,
224ld
school lands, 2240s
Constitutional amendments {conVd)
school superintendents, 2228a
sheriffs, 69if
special legislation, 88a
state printer, 68d
taxation, 8oof, 8iof, 812a, 8i2g,
846b, 2577n
tenure of office, 2478a
timber, transportation, i899f
veto power of governor, 45a
woman suffrage, 146a
Constitutional conventions, 30
Constitutional law, 15
Constitutionality, question of, 12
Constitutions, 30
Consumption, 1042
Contagious diseases, 1020, 936b, 936e
of animals, 1144
Contempt of court, 240
Contests, elections, 196, I75h
Contractors, 779a, 2096c
liens, 421k
Contracts, 453
abandoning written, 422a
corporations, 510
labor, 2113(5
officers iriterest in, 789, 2561
public, 787
local finance, 2560
for sale of land, 394
tax on, 835
Conveyance of property, 392
by corporations, 512, 500c
of incompetents and minors, 447
public, 776, 792
Convicts
commitment, 353
contracts by, 453b
discipline, 352
escape, 242, 352
labor, 354
sentencing and reform, 363
sick, care of, 3S2J
transportation, 353
See also Criminals; Prisoners
Com products, 1459
Coroners, 647, 657f, 705q
Corporations, 500
bonds, 513, i679d
capital stock, 509
SUBJECT INDEX
Corporations (cotUinued)
charitable, sSaf, sSsh, 584^, S^Se
consolidation, 511
drainage, 1193
educational, 583!!, 584d, sSsb, 58sd
foreign, 525, 589b, 84ig, 842d
funds, use for campaign expenses,
154
government, 517
insolvency, 523
not for profit, 583
property, 509, 585, 588
religious, 586, 583h, sSsd, sSse
shares, 516
taxes, 841
See also Banks; Combinations;
Insurance; Railways etc.
Correctional institutions, see Reform
schools; Reformatories
Corrections, 335
Corrupt practices, 149, 126a
Costs in actions, 226, 737
Cotton, 1546
Cotton seed meal, 1473
Counselors, see Attorneys
Counterfeiting, 316
railway tickets, 1229
Counties, 2492
assessors, see Tax assessors
attorney
to appear for county, 675f
assistant, 675h
commitments to institutions,
2151J
complaint, filing, 2i2d
lunacy proceedings, 2205b
penalties, 657c
salary, 67Se
stenographer, 67Sd
auditor, 2593
assessment roll, 8i9t
assistants, 25936
bond, 2593b
deputy, 2593f
duties, 2593n
records, 829x9
salary, 25936, 25931", 2S93n
term, 2593k
bridges, I396d, I396h, 1403a
? Counties {continued)
buildings, 2555
chosen freeholders, 2200a
civil service, 2512
classification, 2494
clerk, 2521
ballots, to destroy, I75h
bond, 2515b
fees, 25i7i, 252id
salaries, readjustment, 659c
school supplies, warrants for,
2244U
water users associations, Ii86c
commissioners, 2501
accounts, examination of, 2579a,
2579d
agricultural societies, appointing
delegates to, 1840c
appointment in new counties,
2498b
attorney, special, employment,
2501b
bees, appointing inspector, 1171b
bridges, I393f, i393i, 1393J
building sites, 2555a, 2555b
buildings, county, 2557g
charities conference, to attend,
2144b
county name, 2492b
county records, 24976
drains, ii92q, ii94d
engineers' licenses, 1130b
expositions, 16622
farmers institutes, 1829b
franchises, 2628J
game preserve, 1910b
gas wells, appointing inspector,
203SC
horticultural commissioners, 1844P
jury commissioners, to audit
claims, 729a
mileage, 25101
motor vehicles, 2723U
in new countries, 2498c
noxious animals, 1862a
powers and duties. 2501
reports, 2S09a
roads, 270OP, 2706a. 27iit, 27112,
2715a. 2719a
salary, 2510
N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
Counties, commissioners {continued)
schools and teachers, 2227^,
2244c, 2250b, 2263d, 2:^270
stealing animals, rewards for
arrests, i884f
Sunday observance, 929c
term of office, 2504a
tires on vehicles, 2745a
township plats, to procure copies,
820C
water rates, regulating, Ii83h
weights and measures, 1426b
constable, i586e
courts I
administration of estates, 440a, |
447f I
bridges, repairs, 1393d 1
clerks, 67in, 671P, 2513a
funds, loan of, 2587d
judges, 212a, 445J, 668g, 668t,
668u, 668y, 2593n
jurors, 730b, 730W
property, sale of, 2564a
public utility corporations, rates,
2627b
roads, 27ooy3, 27iit, 2711U
school supplies, warrants for,
2244U
summons, 705r
taxes, collection, 827q
terms, 609m, 6o9q
vaccination, enforcing, 1027b
debts, 2597
almshouses, 2157a
bridges, I393g
building sites, 2555a, 2555b
buildings, 2557a
courthouse, 2557d
roads, 2700P, 2700y6, 2721c
elections, see Elections
engineer, 2523
fish and game wardens. i890g, 19001,
1900x8
fruit inspector, 18441. 1844ZI
game protector, 1900W6
game warden, 1900c. 1900x6, I900y6
health boards, 932a. 932h, 934^,
934c, 034g
jails, 349
mine inspector, 20636
Coimties (continued)
new, 2498
officers, 2512, 38(8q, I7ie, 856b,
856c, 856f
financial, 2593
police, 874
recorder, 2522(5
fees, 659b, 25i7i
mortgages and securities, list,
823b
oaths, may administer, 2586c
records, 396c, 396k
records, 2497
roads, see Roads
schools, see Schools
seats, 2495
sheriff, 691
beef and hide inspector, i884d
exhibitions, may enter, 8936
fees, 659b, 6596, 659f
fish and game warden, 19001
horse thieves, reward for capture,
i884f
itinerant vendors, tax on, 1586c
penalties, 657c
removal, 657f
service of process on, 705q
tax laws, enforcement, 827J, 827k,
827m
supervisors
agricultural statistics, 1832a
bridges, I393f
dikes, constructing, 1192a
dog tax, 1889b
live stock inspector, may appoint,
1144c
poor, duties relating to, 2i44d
powers, 2492a
roads, 2700k
water companies, 2655a
surveyor, 2523, 386a, 386c 390c,
2557b
taxation, see Taxation, counties
treasurer
accounts, 2579a, 2579f, 2S79g
bond, 2515b
payments to attorneys, 227a
penalties. 2593P
reports, 2593a
road taxes, 2713c
SUBJECT INDEX
Counties, treasurer {continued)
salary, 2593c
surety, 2593g
taxes, collection, 82711, 829U
vacancy in office, 2593J
trustees, 2244U
See also Municipalities
Counting votes, see Canyass of votes
Court of appeals, 605, 606b
(intermediate), 609s
district, 603c, 6593, 668b
Court of claims, 855
Court of pardons, 373
Courts, 600
chancery, 42911, 448k, 467a, I7i8e
circuit, see Circuit courts
clerks, 671, 479a
common pleas, 667a, 223 ir, 2523c,
262811
county, see Counties, courts
district, see District courts
inferior, 645
intermediate, 609
justices, see Justices of the peace
juvenile, 371 (3. 37ib
land, 733r
municipal, 655, 668x, 70Sy, 2569b
officers, 657
orphans, 430, 3856, 432b, 442y5,
4461, 711b
police, 655
probate, see Probate courts
quarter sessions, 733y4, 27opy6
reports and reporters, 603, 694e
superior, see Superior courts
supreme, see Supreme courts
surrogates, 430
Crabs, 2008
Credit insurance company, i79Sg
Cremation, 1061
Crimes and offenses, 234
statistics, 19a
See also Penalties
Criminal law, 200
procedure, 202
Criminals
execution of, 229
identification of, 369
insane, 361
See also Convicts; Prisoners
Criminology, see Corrections
Crippled children, 2174
Crossings
railway, 13 17
roads, 13 19
street railway, 1368(5
Cruelty to animals, 896
Cruelty to children, 895, 2172
Curtesy, 492
Cyclone, insurance against loss by,
1787
Dairy commissioners, see Food and
dairy commissioners
products, 961, 956b, 956g, 1493a
Dairymen's associations, 1836
Damages
action for, 699a, 2708a, 2708b
animals, 1321a
personal injury, 471
employers liability, 2125
liability of municipality, 2446
on roads, 2728
to property, 326, 468, 27iig,27iij
bridges, 1399
domestic animals, 1879
freight, 1247
railways, 1333
street railways, 1375
trees, 2742d, 2742e, 2742g
See^ also Condemnation of prop-
erty; Property, crimes against
Days of grace, 465
Dead bodies, 1048
Deaf and dumb, 2184, 2183a, 2183b,
2183c 2183d, 2i83h, 2205k
Death penalty, 229, 286c
Debts and debtors, 454, 699a
judgments, 735
See also Attachment; Insolvency
Debts (public), 865
almshouse, 2157a
bridges, 1393b, 1393c, I393g, 2700n,
2700P
buildings, 2S5Sa, 2555b, 2557a,
2610a
capitol, 781b
courthouse, 2557d
drains, Ii92g, Ii92h, 1192P
jails. 350a
Y. STATE LIBRARY INDEX OF LEGISLATION I905
Debts (continued)
levees, Ii97d
libraries, 2358d, 2358i
lighting and heating plants, 2629b,
2629d, 2635c, 2635!, 265oe
local and municipal, 2597, 2586e,
2599a
parks, 2684, 2679a, 2679f
roads, 270on, 2700P, 27ooy6, 2702s,
272 1 c
school, 2245, 2233a, 2233c, 22331
sewerage, 2672, 2598d, 2620b, 262od,
2661 f, 266ii, 2670a, 26716
street improvement, 2598d, 2620b,
2707a
waterways, 1805b
waterworks, 2598b, 2598c, 262od,
2629b, 2629d, 2635c, 2650a, 2650b,
26506, 26sof, 265oi
Decedents estates, 426
Deeds
commissioner of, 38 (9f
public lands, 777
registers of, 2522(5, 657f, 823b
tax on, 835
Defectives, 2183
blind, 2188
deaf and dumb, 2184
epileptics, 2210
feeble-minded, 2215
insane, 2193
Deformed children, 2174
Delinquent taxes, 829
Dentist, action against, 471b
Dentistry, 948, 1588a, I588d
examining board of, 38(8g
Dependents, see Charitable institu-
tions
Depositions
civil procedure, 721
criminal procedure, 221
Depositories, 868
local finance, 2600
Deposits
banks, 1688, 1712
public funds, 868, 2600
insurance companies, 174 1
savings banks, 17 12
Descent, 424
Detectives, 206
Devises, see Wills
Dikes, 1192, 1197
Dipsomaniacs, 921, 733k, 2166b
Direct legislation, 115, 2465a
Direct nominations, 160(3, i6oj
Discriminations, 1593
insurance, 1742
transportation and transmission,
1205
express, 1379
telegraph and telephone, 1420
Diseases, communicable, 1020, 936b,
936e
of animals, 1144
Disorderly conduct, 258
Dispensaries, liquor, 903
Dissection, 1062
Dissolution
banks, 1687
insurance companies, 1743
Distraint for rent, 422
District attorneys, 675
assistant, 675k, 6750, 67Sr
commitment to institutions, 215 ij
insurance agents, prosecution, i736d
prosecutions, 675m
qualifications, 675a
removal, 657f
salary, 675g, 675J, 675q, 67Sr
substitute, 675P
District court of appeals, 603c, 659a,
668b
District courts, 609
appeals, 733 j» 733k, 733n, 825h,
27iin
attorneys, judges as, 668x
clerk, 209h
assistants, 67 ij
fees, 671k, 671m, 67iq, 67ir
costs in actions, 226 j, 737c
county officers, removal, 2518a
judges, 609c, 6o9d, 668p, 668w
judgments, 735f
jury, 730a, 730b
oil wells, 2037b
plats, 39of
pleadings in, 591a
prosecutions, 212b
sergeant-at-arms, 689a
special terms, 6o9t
SUBJECT INDEX
District courts {continued)
stenographers, C94d, 694g
trust property, 44811
villages, territory, 2439J
Ditches, 1192
Divorce, 480
business, soliciting, 488
statistics, 19a
Docking horses, 896b, 896k
Docks, 1804
Doctors, see Physicians
Dogs, 1888
Domestic animals, 1875
contagious diseases, 1144
taxation, 824
See also Live stock
Domestic economy, schools, 2343a,
2350a, 2350C
Domestic relations, 474
Dower, 492
Drains, 1192
irrigation, 1183
Dramatic compositions, 403
Drift timber, 1897
Druggists, 949, 900a, 926h, 953c
hours of labor, 2095
liquor sales, 913
Drugs, 1137a
adulteration, 956a, 956c, 956t, 956x,
956y, 9S6z2, 1493J
conveyance to convicts, 3S2i
sale of, 952
Drunkards, 921, 733k, i32o(5a, 2166b
Dust in factories, 2051
Education, 2220
boards of, 2225d, 2253a
city boards, 2223g, 2231m, 2231P,
223 1 w, 2233a, 2233 j, 2244q
county boards. 22276, 2233g, 2245b
district boards, 223 in, 223IX,
2244y, 2270k
state boards, 2229, 22301, 2270b,
2270m, 2282 d, 2288b
elementary, 2223
higher, 2330
professional, 2342
secondary, 2223
technical, 2342
See also Schools; Universities
Educational corporations, 583h, 584d,
585b, 585ci
Educational institutions, exemptions
from taxation, 812
See also Schools; Universities
Elections, 126
certificates, 163 '
contests, 196, I75h
counties, 2521c, 2522 (5d, 2597b
days, 171
legal holiday, 1604
. districts, 172
expenses, 150c, i67d
municipalities, 2556a, 2557a, 2598b,
2629a, 265oq
offenses, 149, 167
officers, 192, 126c, I26d, 175b
primary, 160, 126a, 126k
returns, 195, 126c, I26e
sanitary district, trustees, 2661c
school, 2225, 223 IV, 2233P
sewerage plants, 266ih
towns, 2703b, 27036, 2703!
townships, 2531, 2533b, 2533d, 2542a,
2542b
Electric
apparatus and power, interference
with, 320
commissioners, 2643b
companies, 2628c, 2628h, 2638a
light and power, 2633
meters, 2642
plants, 845g, 2629b, 2629c, 2629d
railways, see Street railways
Eleemosynary institutions, see
Charitable institutions
Elevated roads, 1338, 1362a
Embalming, 1051, 727b
examining board of, 38(8g
Embezzlement, 322, 308a, 445d
Emigrant agents, 21 14
Eminent domain, see Condemnation
of property
Employees, 2040
bribery, 460(5
hours of labor, 2085
mines, 2063, 2064
hours of, 2094
wages, 2107
N.
Y. STATE LIBRARY INDEX OF LEGISLATION 1905
Employees (continued)
railways, 2077, 896c, 1314b, 1320(5,
1321a
hours, 2097
wages, 2100, 8331
See also Labor
Employers liability, 2125
insurance companies, 174 ig, I762f
See also Labor
Employment, 21 13
bureaus, 2 115
offices, 2 1 14
S^e also Labor
Endowment insurance, 1760a
Engineers, 1128
See also Counties, engineer; State
engineer
Engines, highway bridges, 1399
Enrolment of voters, I26g, i6od
Entry and detainer, 470
Epidemics, see Contagious diseases
Epileptics, 2210, 477a, 2205!
Equalization of taxes, 825
Equity causes, 711
Escheats, 383
Estates, 384
administration of, 426
Estrays, 1879
Eucane, 926a
Evidence, see Witnesses
Exceptions, civil procedure, 734
Excise, 907
Execution
of criminals, 229
exemptions from, 451
of judgments, 736
Executive mansion, 782, 780a, 78oh,
78oi
Executors, 441, 384b, 43id, 442, 5i8d,
703g
Exemptions
from execution, 451
from jury duty, 727
from taxation, 810
bequests, 836k
corporations, 841a, 841b
forests, 18926
industries, 1633
lands ceded to U. S., i8c
municipal bonds, 809c
Exemptions from taxation (con'd)
railways, 1283
shows, 1835k
Exhibitions, 893, I532e
Exits, 1102
Experts, evidence, 222
Explosives, 1117
crimes, 310
fishing, 1973
mines, 2067
Expositions, 1662
Express, 1267, 1378
taxation of companies, 833d, 8336,
84Sf, 845J, 845W
Eye diseases, 1038
Factory regulations, 2040
Fairs, 1662
agricultural, 1835, 1840
False pretenses, 324, 219a
Family, 474
crimes against, 264
property, 490
support of, 496
Farcy, 1155
Farmers institutes, 1829
Farming, see Agriculture
Feeble-minded, 22x5, 2183c
guardianship, 446
marriage of, 477a
Fees, public officers, 38(8
See also specific officers
Fellow servant law, 2125
Felonies
appeal from conviction for, 225g
bank officers, 1687c
bribery, 2Sok
bribing employee, 46o(5b
burglary, 312a
children, abandonment, 496m
convicts, communicating with, 242b
corporation funds, use for cam-
paign expenses, 154a, 154b
corporations, 507b
electric apparatus and power, inter-
ference with, 32of
embezzlement, 322c
employers, 2096a
explosives, destruction by, 310c
family, nonsupport, 496d, 496P
SUBJECT INDEX
Felonies (continued)
fraud, 325m, 32511
ginseng, injuring or removing,
i844i, i844q
guideposts, 2733a
hunting, 1921a,
indecency, 278a, 278b
live stodc, sale of, 1884b
lynching, 927b
malicious mischief, 326b
marriage of defectives, 477a
milk, adulterated, sale of, 967e
prisoners, aiding escape of, 242f
property, obtaining by iraud, 464d
prostitution, 928d
railway
employees, 1320 (5a
injury to, 1333b, I3334 I333t
I333q
trial of, 223c
Fences
property lines, 387
railway, 1321, I337d
Ferries, 1388
Fertilizers, 1474
Fidelity companies, see Surety com-
panies
Fiduciaries, 441, 448, 384b, 5i8d
Finance
local, 2550
school, 2237
state institutions, 2333
state, 770
See also Accounts
Financial officers, 857
local, 2588
Fines, 226
See also Penalties
Fire
alarms, 1096
departments, 2603
drills, 2280
escapes, 1103
insurance, 1764, I732b,i732i, 1736b,
I736e, 1739a, 1740a, 1742a,
17476, I754e, 2233q, 2619a
foreign, 1766, 17321, I736e, 2616b
limits, 1 104
wardens, 1893k, 1900W4
Firearms, 262
Firemen's associations, 2619a
Fires, 1092
forest, 1893
Fireworks, 1121, iii7e
Fiscal year, 860
local government, 2584
Fish, 1900, 1959
Fish and game commissioners, see
State fish and game commis-
sioners
Fish and game wardens, i890g, igcxxn^
1900P, 1900W7, 1900x8, I900y8,
1961S
Fishing, see Misdemeanors, fishing;
Penalties, fishing
Flag day, 2429
Flags
battle flags, 2371
desecration of, 252
schools, 2236
state, 24
Floods, 1 1 13
Food and dairy commissioners, 956g^
956h, 9s6p, 9s6w, 956x, 9S6zi.
998d
inspectors, 956i
Foods, adulteration, 956, 1493}
Football, 929b
Fords, 1388
Foreclosures, 406, 410, 70ih, 703]
Foreign corporations, 525, s89b, 84lg»
842d
banking, 1689
building and loan, 1723
fraternal beneficiary, I76id
insurance, 1746, 1732k, 1736c, I747d
accident, I762g, I762h
fire, 1766, I732i, I736e, 2616b
Foreigners, see Aliens
Forest fires, 1893
preserves, 1894, 2713J
Forestry, 1890
commission, ii8oj, 1893k, I96ig,
1971C. 2650P
See also Timber
Forgery, 316
Formaldehyde, 1475
Fornication, 274, 264a
N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
Franchise
electoral, 129
school elections, 2225
Franchises, 2628
railways, 1298, 1267a, 1272a
street railways, 1362, 2628c
taxation, 841
telegraph and telephone companies,
1415
water power companies, 1180m
Franks, 1237
Fraternal beneficiary societies, 1761
Fraud, 325
Free public libraries, 2356
Freight, 1240
discriminations, 1205
line companies, 845w
rates> 12 12
on street railways, 1345a
supply of cars, 1307
transfer facilities, 1312
Fruit pests, 1844
Fruits-, weights and measures, 1429
Funds, 861
depositories, 868
local, 2600
local, 2587
See also Finance
Funeral benefit insurance companies,
1762c
Funeral expenses, 442X, 442y2
Furnishers, liens, 42in
G. A. R., 2423
Gambling, 883
Game, 1900
Mg game, 1913
birds, 1947 I
small game, 1927 |
wardens, i890g, 1900m, 1900P, |
1900W7, 1900x8, I900y8, 1961S
Garbage, 2663(5
Garnishment, 742, 74i^, 74ig
Gas, 2633
commissioners, 2643b
mains and meters, interference
with, 320
meters, 2642
natural, 2035
rates, 2643
Gases, factories, 2051
Gasolene, 1493b, I493d, I493e, I493h
Geologist, see State geologist
Geolog>', 2384
Gifts, parks, 2688
Ginseng, i844i, i844q, 1844Z3
Girls
institutions for, 345
in saloons, 910c
Glanders, 11 55
Goldware, 1476
Government
crimes against, 236
documents, 67
ownership
light, heat and power, 2635
municipal utilities, 2629
railways, 1280
toll roads, 2721
waterworks, 2650
Governor, 40
appointments
agriculture, stenographer and
messenger in department of,
2383b
auditor, assistant state, 856b
bridge commissioners, I396f
chaplain for state penitentiary,
342h
constables, 873a
county treasurer, 2593J
debris commissioner, 2025a
deeds, commissioner of, 393i
exposition commissioners, i662t;
i662y
fire marshal, 1093b
game warden, 1900x6
highway commissioner, 2702f
judges, 668i, 668r
medical examiners, 944c, 944n
mine explosions, commission to
investigate, 2066a
monument commission, 2377a,
2377c, 2377m, 2377V
normal school trustees, 2266f
notaries public, 669f
parole officers, 372b
police commissioners, 875b, 875c
railway police, 1334a
SUBJECT INDEX
Governor, appointments (continued)
state convicts, supervisors of,
335a
state oyster commissioners, 2012b
state veterinarian, 1144m
statutes, compiler of, iii
township officers, 2542b
turnpikes, commission to investi-
gate, 2721a
zoologist, assistant economic,
2383b
council, 38 (8j
mansion, 782, 780a, 78oh, 78oi
powers and duties
appointments, 38b
boundaries, I7d, I7f, I7g
Flag day, 2429a
grain and warehouse commis-
sioner, 1515a
juvenile offenders, 37 ij
lands, public, 777a
pardons, 373a
prisoners, 119a
removals, 38(9<i, 38(9^, 38(9g
resources of state, publishing
pamphlet on, i675h
rewards for arrest of highway-
man, 2o8a
state departments, 856e
state institutions, 2143a
state printing, 67d, 67f
state prison, 341c
veto power, 45
salary, 38 (8a, 43
secretary and clerks, 44
staff, 2398b, 2398c, 2398e
Grade crossings, 13 19
Grading streets, 2708
Grain, 1478
elevators, 845t, 1205b
inspection, 151 5
warehouses, 15 15
Grand jury, 213
Grassplots, 2742
Grave markers, 2372
Grave robbing, 1060
Guaranty companies, I795» 843h
Guardianship, 445. 5i8d
Gjrmnasiums, 2698
Habeas corpus, 211
Hail insurance, 1787, i77of
Hamlets, see Municipalities
Harbors, 1803
Hawkers, 1560, 15326
Hay
inspection, 1480
weights and measures, 143 1
Health, public, 930
adulteration of foods, 956
communicable diseases, 1020
dead bodies, disposition, 1048
of employees, 2049
mines, 2064
railways, 2078
local boards, 934
medicine, state control, 940
nuisances, 1665
sanitation of buildings, 1099
schools, 2235
sewerage, 2661
state boards, 932
powers and duties
antitoxin, 1028b
child labor, 2118J
contagious diseases, 1020a,
1020C, i02oe
embalming, 1051a, I05id, 1051J
fire escapes, 1103d
food and drugs inspection, 956t
hydrophobia, 1040a
ice pollution, 990a
osteopathists, 947b
pesthouses, 1023a
physicians, 944h
school buildings, 2235b
tuberculosis, 1042c, 1042!
vaccination, 1027a
water supply, 1079a, I079i
workshop regulations, 2040a i
Health insurance, 1762. 1746b, I754t>i
I754d, 1760a, 2616a
Heat, municipal utilities, 2630(5,
2629b
Heirs, see Estates
High schools, 2327
Higher education. 2330
Highwaymen, 208a
Highway^, see Roads
Historic places, 2369
N. Y. STATE LIBRARY INDEX OF LEGISLATION 1 90$
Historical societies, 2366
History, 2363
Holidays, 1596, 38(9c
Homesteads, 451, 490a
lien on, 41911
Homicide, 304
Honey, adulterated, 986
Hops, 1432
Horse racing, SSyt, 929b
Horses, 1144P, 1148b, iiSSa, iiSSc
docking, 896b, 896k
Horseshoeing, 1562
Horticultural societies, 1838
Horticulture, 1844
Hospitals, 2165
for contagious diseases, 1023
for insane, 2198, 21830
local, 2200
Hot springs, 1199
Hotel keepers
defrauding, 318
liability, 455
licensing, iS32b
Hotels
building regulations, 1108, 1103a,
iio3e
contagious diseases, I020g
liquor licenses, 907s
Hours of labor, 2085
House of Representatives, see Legis-
lature ; Representatives
Hunting, see Game; Misdemeanors,
hunting; Penalties, hunting
Hurricane insurance companies,
1787c
Husband and wife, 474, 720a, 720g
Hydrophobia, 1040
Ice, purity, 990
Identification of criminals, 369
Idiots, see Feeble-minded
Illegitimate children, 270, 424d, 424f,
4^g, 4241
Imitations, 1464
foods, 956
Immigration, 1675
emigrant agents, 21 14
Impounding, 1880
Income tax, 830
Incompetents, guardianship, 446
Indecency, 278
Indeterminate sentences, 370
Indians, 123, 911b, 2270P
schools, 2178
Indictments, 214, 203b
Industrial combinations, see Combi-
nations
Industrial education, 2350
Industrial insurance, 1762
Industries, encouragement of, 1630
Inebriates, 921, 733k, i32o(5a, 2166b
Infants, see Minors
Infectious diseases, 1020, 936b, 936c
of animals, 1144
Inferior courts, 645
Inheritance, see Descent
Inheritance taxes, 836
Initiative, 115, 2465a
Injunction, 749
Injuries, see Damages
Inland navigation insurance com-
panies, I764f
Innkeepers, see Hotels
Inquests, 651
Insane, 2193
appeals in civil cases, 733k
criminal, 361
family property, 495
guardianship, 446, 445m
hospitals for, 2198, 21830
local, 2200
marriage, 477a
Insect pests, 1844
Insecticides, 1492
Insolvency, 449
banks, 1687
insurance companies, 1743
See also Receivers
Insurance, 1732
accident, 1754, 1762, 1741c •
agents, 1736
annuity, 1760a
casualty, 1764, 1760b, 17620, I795g,
1795I1
combinations, 1740
employers liability, I74ig, I762f
endowment, 1760a
fire, 1764, 1732b, I732i, 173^, I736c
1739a, 1740a, 1742a, 1747c, I754«.
2233q, 2619a
funeral benefit, 1762c
SUBJECT INDEX
Insurance (continued)
guaranty, 1795
health, 1762, 1746b, I754b, 1754^,
1760a, 2616a
industrial, 1762
life, 1754, 1732b, 1741C, I74id, 1742b,
1747c, 2616a
marine, I747e, 1754^, 1764a,
1769(54, 1769 (5b
mutual, 1759, 1770, I758(7b, I762i,
1766a
of public buildings, 791, 2558
schools, 2233d, 2233q
state departments, 1733, 38(81, 856c,
8561, 1723a, 1732c, I732g, 1739a,
1740a, 1741a, 1746a, 1758c,
1758 (5e, 1761a, I769d, 1795c
surety, 1795, 17648
taxes, 844
workingmen's, 2128
Insurance companies, 1732
actions against, 1748, 1755
capital stock, 1739, 1759a
foreign, 1746, 1732k, 1736c, I747d
accident, i762g, i762h
fire, 1766, I732i, I736e, 2616b
insolvency, 1743
Intemperance, see Drunkenness
Interest, 463
Intermediate courts, 609
Interpreter, court, 667
Intimidation, labor disputes, 2134
Intoxicating liquors, 900
adulteration, 998
unlawful sales, I49f, 214b
Intoxication, 921, 733k, 1320a, 2166b
Investment companies, 1715
Investments
banks, 1691
building and loan associations,
1724
insurance companies, 1747
local finance, 2587
savings banks, 17 13
school funds, 2241
trust companies, 1703.
Irrigation, 1183, 842a
Itinerant vendors, 1586
Jails, 348a, 349
Jamestown Exposition, i662a-j
Judges, 668
change of, 710
See also Courts
Judgments
civil procedure, 735
criminal procedure, 224
executions on, 736
local finance, 2586
Judicial sales, 736
Junk dealers, 1568
Jurisdiction
cessions to United States, 18
governmental, 17
Jury, 726
bribery, 25oe, 25oh
commissioners, 729
criminal procedure, 230
fees, 38 (8q
grand, 213
mileage, 728, 223a, 230a
Justice
administration of, 590
crimes against, 238
Justices of the peace, 653
appeals from, 733y3, 733Z, 733Z2
attachment, 741a, 741c
birds, protection, 1953b
costs in actions, 737g
fees, 226a
judgments, 735r
juries, 726c, 728b
legal notices^ 697a
liquor traffic, jurisdiction, 9i2d
pleadings, 7o8i
prosecutions, 212a
removals, 389f
summons, 705t, 705 w
surety on bonds, 209e
venue of actions, 703i, 7iod, 7ioe
Juvenile courts, 371(3, 371b
Juvenile offenders, 371
probation, 371 (3
reform schools, 343
Kidnapping, 294a
Kindergartens, 2321, 2266a
N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
Labels, 1500
food adulterations, 958
Labor, 2040
children's, 2118
hours, 2085c
mines, 2 121
convict, 354
disputes, 2134
employers liability, 2125
employment, 2 113
hours of, 2085
mechanics liens, 419
roads, 2713
convict, 358
unions, membership in, 2137
wages, 2X00
women's, 211 7
hours, 2086, 2085c
Laborers, see Employees
Land court, 733r
Land registration, 398
Landlord and tenant, 422
Landlords, liens, 42in
Lands, 379
commissioners, 774c, 7746, 774n,
776d, 776h, 776k, 829h
conveyance, 392
drainage, 11 83
public, 774
school, 2240
state institutions, 2333
See also Property
Larceny, 328, 308a, 322c
domestic animals, 1883d
stealing railroad ticljet, 1229b
See also Stealing
Launches, 823e
Law, I
examining board of, 38 (8g
libraries, 2359
practice of, 591
Laws, see Statutes
Lawyers, see Attorneys
Lead, inspection, 1490
Leases, guardianship, 447
Legacies, see Wills
Legal holidays, 1596
Legal notices, 697
Legislation
special, 88
Legislation {continued)
uniform, 13
See also Statutes
Legislative manuals, 72
printing, 5
procedure, 105
Legislature, 77
apportionment, 80
bribery, 96
joint session, 98
members, 90
officers and employees, 100
sessions, 113
temporary organization, 104
vacancies, 81
See also Representatives; Senators
Leper homes, 1025
Levees, 1197 -
Lewis and Clark Exposition, i662k-z
Libel, tort, 472
Librarian, state, 791c
Libraries, 2352
law, 2359
public, 2356
school, 2360
state, 2354t 78oe
state aid, 2357
traveling, 2357, 2356a
Licenses
marriage, 478
trades and occupations, 1532
accountants, 1536
architects, 1534
automobile operators, 27231,
2723k, 2723r, 272322
barbers, 1540
bird collectors, 1944b
circuses, I532e
commission merchants, 1544
embalmers, 1051b, 105 id, lOSif,
10511, 105 1 J
employment agencies, 2114b
engineers, 1 130
exhibitions, I532e
fishing, 1906, 1900x3, 1900x5,
1971C
hawkers, 1560, I532e
horseshoeing, 1562
hunters. 1906. i90oh, igoon,
1900P, 1900V4. igooy
SUBJECT INDEX
Licenses, trades and occupations,
{continued)
innholders, 1532b
insurance brokers, 1738a, 1738b,
1738c
itinerant vendors, 1586
junk dealers, 1568
medicine, 943
mining, 2024!
nurses, 1575
oyster culture, 201 id
oysters, taking, 2016
pawnbrokers, 1568c,* 1727c, 17276,
17271
peddlers, 1560, 15320
plimibers, 1106(5
secondhand dealers, 1568
teachers, 2258, 2247a, 2310b
transient merchants, 15320, 1586
undertakers, 105 ih
veterinarians, 1588
See also Taxation, business taxes
Liens, 405
attorneys, 595
on baggage, 318c, 3i8f
banks, 1687a
judgment, 735g. 735i, 736b, 736c,
736r
mechanics, 419
railways, 1271a, 1271c
special, 421
storage, 1510c, 1512a
taxes, 829V3
water or gas plant, 2597J
Lieutenant governor, 48
Life insurance- companies, 1754, 1732b,
1741C, I74id. 1742b, T747C, 2616a
Lighting, municipal, 2633, 2566a
Lighting plants, see Electric light and
power; Gas
Lighting insurance companies,
I770h. I770i, I773a
Limitations
civil procedure, 701
criminal prosecution, 211 (5a
Lincoln's birthday, 1618
Liquors, 900
adulterations, 998
unlawful sales. 149b. 2T4b
Live stock, 1875
contagious diseases, 1144
Live stock (continued)
damages to, 1321
insurance, 1789, 17540, 1772a
taxation, 824b
transportation, 1260
See also Animals
Liverymen, frauds against, 318
Lloyd's associations, 1768
Loan associations, 17 18, 701 f, i68op
Loan companies, 17 15, i684d, 1698c
Loans, 463
banks, 169 1
building and loan associations, 1724
Lobbying, 99
Local finance, 2550
government, 2430
improvements,* 2620
legislation, 88
option, liquors, 904
Lodges, 583b
See also Fraternal beneficiary so-
cieties
Lodging houses, 1108, 1103a
Lotteries, 885
Lumber, 1896
transportation, 1264
Lunatics, see Insane
Lynching, 927b
Macadamizing, 2709
KTalicious mischief, 326
Mandamus, 749c
Manslaughter, 304
Manual training schools, 2350
Maple sugar, 1012a, 1012c
Marine insurance companies, 1747c,
I754e, 1764a, i769(5a, I769(5b
Maritime quarantine, 1024
Markets, 1508
Marks, 1500
Marriage, 476
statistics, 19a
Married women, property rights,
494
Marshal, 226a
Mayor, 2468
Meats, inspection, 1000
Mechanics liens, 419
Medals, 2373
Medical examiners, 649
N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
Medical inspection of school children,
2281
Medicine, 940
examining board of, 38 (8g
See also Physicians
Memorial buildings, 2374
Memorial day, 1620
Memorials, 2370
on battlefields, 2376
to individuals, 2377
Merchandise, sale of, 459
Methyl, 956k, 998c
Midwives, 938b
Mileage
books, 1232, 1227b
constable, 659f, 663a
county commissioners, 25101
jurors, 728, 223a, 230a
sheriff, 659f, 691b, 69ig
witnesses, 223a, 230a
Military regulations, 2388
Military schools, 2348(5
Militia, 2391
Milk and milk products, 961, 956b,
9S6g, 1493a
Mills, taxation, 823d
Mineral waters, 1199
Mines and mining, 2020
employment in, 2119
hours of labor, 2094
taxation, 846
wages, 2107
workshop regulations, 2063
Minors
amusements restricted, 88ic, 88id,
88if
cigarettes, furnishing, 925b, 925d,
925e
firearms, use of, 262f, 262g
fireworks, sale to, 1121a
guardianship, 445
liquor laws, 911
tobacco, sale to, 924a, 924b, 924c
See also Children
Mfedemeanors, violation of laws re-
lating to:
adulteration of foods, 958a, 1012b
of liquors, 998d
animals, i^77h, 1882a
Misdemeanors, animals {continued')
cruelty to, 896n, 896q, 896X
dead, failure to bury, 1065b
attorneys, 592b, 592d
badges, unlawful wearing, i5042l»
1504b, I504d,. 2426a
bicycles and automobiles, 2723a
birds, protection of, I955a, 19S5^»
1956a, 1957a
as target, using, 896f
blacklisting, 2137a
bribing employee, 460 (5c, 460 (sd,
46o(5e
bucket shops, 1507b, I507d
burglary, 3i2f
burial lots, 1058a
camp fires, 1893b
cemeteries, 1060a, to6ob
child labor, 2121c
children, 2172b, 21820
cigarettes, 925a, 925b, 925c
cocaine, 926f
combinations, 589d
contagious diseases, I020g
cpn tracts, abandoning written, 422a
corn meal, short weight, i4S9b
corporations, 5o5e
customers, using list, 1590b
drugs, distributing samples, 1137a
education, boards of, 2231s
electric apparatus and power, 320c
employers and employees, 2047a,
2ioid, 2103b, 2107a, 2ii3(5a»
2138a
employment agents, 2ii4d
evidence, >falsification, 720b
failure to cure after written
guarantee, 464n
fire alarms, false, 1096b
fishing, I907d, I907f, I973a, 1983*.
1983 Csa
flags, desecration of, 252a, 252c,
252d, 252e, 252f, 252J
display, 2236b
fraud, 325a, 325^, 325J
freight rates, 1205a
fruit trees, unlawful sale, 1844a,
i844f
gold, misrepresenting fineness,
1476a
SUBJECT INDEX
■ Misdemeanors (continued)
grain products, adulterating, 1478a,
1478b
guardians, 445d
health boards, rules, 932g, 934c
hunting, 1907^, 1908a, 1911b, 1919^1
1927b, I939d
hypnotized subject; exhibiting, 893d
ice, pollution of, 990a
intoxication, 923a
junk dealers, I568e
juvenile delinquents, 37ig, 37ih
landlord and tenant, 422m
larceny, 328!
libel, 472b
liquor traffic, 900b, 900c, 903a, 910b,
911a, 911C, 9iid, 912b, 9i2d, 9i2h,
9i2i, 912k, 9i6d, 9i6f, 9i6t
live stock, transportation, 1260a
liverymen and hotel keepers, de-
frauding, 318c, 3i8d, 3i8g
malicious mischief, 326a
meats, unlawful sale, loooa, 1004b,
1004c, ioo4e
memorial day, restricted amuse-
ments, 1620C
militia, 2391b
milk, test standard, 970b, 97od
mining, 203od, 2034a
minors, frequenting poolrooms,
88id, 88ie
musical and dramatic compositions,
unauthorized performances, 403a,
403c, 403d, 403e
navigation, impeding, 1815a, 1815c
nursery stock, 1844X
officers, 853a
oil or gas wells, 2035b, 2037c
oysters, taking, 2011a, 2011b, 201 id
paupers, support of, 215 if
pawnbroking, 1727b
peddlers, 1560a, i56or
personal property, certain sales of,
4i5e
pigeon for target, using, 896V
prisoners, 352f, 352g
prostitution, 928f
public lands, 774a
quarantine, 1020a
racing, 2736b
Misdemeanors {contimied)
railway employees, 1320 (sa
railway tickets, counterfeiting,
1229a
railways, encroachment on, 1274a
injury to, 1333a, 1333^, I333g,
I333h, 1333s, I333t
race distinction, 1238b
rape, 286d, 286e
road supervisor, 1097a
roads, 2700Z, 2719c
seduction, 288a
state officers, 856b
street railways, 1238b, 1368a
Sunday, nonobservance, 929c
surety and guaranty companies,
1796b
taxes, avoiding payment of, 829x7
telephone companies, 1421c
tenement houses, iiioa
tickets, 893a, 1235a
tobacco, furnishing to minors, 924c
trading stamps, 1628b
trees, cutting branches, i89oe
trespass, 326n
union labels, 1503a
venereal diseases, advertising cure,
952c
wages, 2ioid, 2103b
water, pollution of, 1079a
waters, ii8ob, ii8oh, 1183x3
weapons, 262b, 262c, 262f
weight, falsifying, 1425c, 1426b
wrecks, obstructing commissioner
of, 1820a
See also Penalties
Mob violence, 927 .
Money, 461
fraudulently obtaining, 324a
taxation, 809
Monopolies, see Combinations
Monuments, 2370
See also Memorials
Morals, crimes against, 264
Morphin, 926f
Mortgage companies, 171 5
Mortgages, 405
chattel, 414
corporations, 513a, 513c
decedents estates, 442h
N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
Mortgages (continued)
discharge, 226g
foreclosure, 406, 410, 70ih, 703J
personal property, 413
property of incompetents, 447
railway, 1279c
real property, 407
taxation, 809a, 809b, 843c
exempt from, 8iod, 812b
Mosquitos, 1076
Motocycles, 2723
Motor vehicles, taxation, 81925
Municipal franchises, see Franchises
Municipal ownership, 2629
light, heat and power, 2635
waterworks, 2650
See also Government ownership
Mtmicipal utilities, 2627
Municipalities, 2432
annexation and exclusion of terri-
tory, 2439
assessments, special benefit, 2569
auditor, 2589b
buildings, 2555
civil service, 2473
classification, 2442
clerk, 1052b
council, 2727c
courts, 655, 668x, 705y, 2569b
debts, 2597, 2586e, 2599a
bridges, 1393b, I393c, 2700n
buildings, 2610a
improvement bonds, 2620
limitation of, 2598a, 2598d, 2598f
parks, 2694, 2679a, 26;9f
public works, 2620b, 2629b, 2629d,
2635c, 2635f, 26506
roads, 27oon
sewage disposal, 2670a
sewers, 2672, 2620b, 266if, 26611,
267 le
street improvements, 2620b, 2707a
waterways, 1805b
waterworks. 2598b. 2629d, 2635c,
2650a, 2650b, 26506, 265of. 26501
dissolution. 2444
elections, see Elections
finance, 2550
fire department. 2603
franchises. 2628
Municipalities (continued)
home rule, 2433
incorporation, 2444
jails, 350a
legislative body, 2455
liability for injuries, 2446
mayor, 2468
officers, 2473
financial, 2589
organization, 2438
police, 875
property, 2552
public printing and advertising, 2448
recorder, 226a, 1052b
schools, see Schools
sewerage, 2661
taxes, 2566
lighting streets, 2633a
parks, 2679c, 2684a
roads, 2700U
treasurer, 876b
wards, 2454
waterworks, 2650
Museums
historical, 2367
scientific, 2385
Musical compositions, 403
Mutual insurance companies
fire and casualty, 1770, 1766a
life and accident, I759, I758(7b,
I762i
Name
of divorced woman, change of, 483
persons, change of, 498
Naphtha, 1493b
Narcotics, 900
teaching effects of, 2310
National Guard, 2391
Natural gas, 2035
Naturalization, 118
Naval militia. 2397
Navigation, 1800
Negotiable instruments, 464
Negroes
civil rights, 122b, 122c
transportation accommodations,
1238
Newspapers
discriminations between, 1593b
SUBJECT INDEX
Newspapers {continued)
legal notices, 697c, 6976
libel, 472{
misrepresenting circulation, 325J
publication of session laws in, 6
Nominations, 160, I26h
Normal schools, 2266, 224oe, 2258t
insurance, 2233d
Notaries public, 669, 38(91
Notes, exempt from taxation, 812b
Noxious animals, 1856
Nuisances, 1065
Nursery stock, 1844
Nurserymen, taxation, 833a
Nurses, 1575, 72oe
Oaths
challenged voters, 2225b
of office, 38(3
county officers, 2514
witnesses, 723
See also speciHc oMcers
Obstructions to streams, 1812
Officers, 38
interest in contracts, 789, 2561
See also under specific titles, Peace
officers; State officers, etc.
Oil, 1490, 95622
mineral, 2035
inspection, 1493
Old home week, 2368
Oleomargarin, 965
Opium, 926
Optometry, 946
Organ, exempt from attachment, 74ie
Orphans
courts, 430, 3856, 432b, 442y5, 446f,
711b
guardianship, 444
of soldiers, homes, 2418
See also Children
Osteopathy, 947, 944c
Oysters, 201 1
Paint, T490
Pardons, 373, 370b
Paris green, 1492
Parks, 2679
state, 798
Parole
inebriates, 922b
insane, 2207
prisoners, 372, 370b
Parties in actions, 702
political, 126, 168
Partition, 385
Partnership, 466
Party emblem, i6ot
Passenger rates, 1227
Passes, 1237
counterfeiting, 1229a
freight, 1205a
Paupers, support of, 215 1
Paving, 2709
Pawnbroking, 1727, 1568c
Peace officers, 873
court officers, 657
Peddlers, 1560, I532e
Penalties, actions on, 70iq
Penalties for violations of laws relat-
ing to
abortion, 266b
adulterated food, 956a, 956f, 956Z,
I0I2C
adultery, 264a, 268a, 268b
advertisements, 1592a
animals
contagious diseases, 1144J, 1150a,
1150C
cruelty to, 896y
disabled, abandoning, 896m
poisoning, 326f
refusal to impound, 1880b
taxation, 824b
theft, i884g
transportation, i26od, i26og
trespass, 18796
architects, 1534a
arson, 3iod, 3iof
assault, 296a, 296b
automobiles, 2723 j, 27232
banks, i679d, i679f
officers, 1693a
reports, i68oe
use of name, 1692a
bastardy, 27od
bees, iT7ib, ii7id
bigamy, 272a
N. Y. STATE LIBRARY INDEX OP LEGISLATION I905
Penalties (continued)
birds, protection of, 1944b, 1948c,
1949a, 1949b
blasting, 2067a
bookmaking and poolselling, 887c
botties, cans, illegal use, 1501c
bribery, 250a, 25oe, 2S0g, 25oh, 250J,
460 (5a
legislature, 96
burglary, 312b, 3i2e
burial grounds, 1054c
lots, 1058a
permits, 1052a
butter, renovated, 965c
carrying concealed weapons, 262a,
262e
cattle, inspection, 1148a
children, 496e, 2172c, 2i72g, 2182c
circus performance, unlicensed,
893f
coal, weighing, 1441a
commercial feeding stuffs, 1472b
consumptives, I042f, I042i
convict, communicating with, 242b
corporations, 507a, 507f, 525b, 532b
court officers, 657c, 6576
dentists, 948b, 948e
divorce business, soliciting, 488a,
488b
drains, obstructing, 1196b
election offenses, 149c, I49d, i6op,
i6ot, 160ZI, 175a, I92d
electric apparatus and power, 320d,
320g, 32oh
employees, 21 13 (5c, 2 113 (7a
engines, driving over bridges, 1399a
exits, 1102a
eye diseases, 1038a
fairs, 1835c, i835h
false pretenses, 324a, 324e, 324f
fare, refusal to pay, 1227a
fire alarms, false, 1096a
apparatus, obstruction, 2603b
drills, 2280a
insurance companies, 1740a
limits, 1104a
fishing, 1904, 1900C, 1900m, 1907a,
1984b, 1986a, 1988b, 2003a
flag, desecration of, 252h
forest fires, 1893d* 1893k
Penalties icontinued)
fornication, 264a, 274
fraud, 325g
gambling, 887d
game wardens, I900y8
gaming house, keeping, 883g
gas companies, 2643c
gasolene, labeling, I493h
homicide, 304
hunting, 1904, 1900V6, 1907b, 1916a,
1919b, 1939a, I939g
on Sunday, 929d
indictment, wrongful disclosttre^
214a
insane, aiding escape, 2208a
insurance companies, I732d
inventory of estate, failure, to file,
44ig
investment companies, I7i5d
itinerant vendors, 1586a
judgments, 736d
jury, formation of, 73on
juvenile delinquents, 37in
kidnapping, 294b
labor disputes, 2134
hours of, 2085b, 2096b, 2097b
larceny, 328d
levees, 1197c
liquor traffic, 900a, 9070, 9111, 916a,
9i6e, 916J, 916s
liverymen and hotel keepers, de-
frauding, 318a, 318b, 3i8e
lotteries, 885a
lumber, transportation, 1264a
malicious mischief, 3261
maritime quarantine laws, 1024a
marriage ceremony, unlawfully per-
forming, 478b
meats, unlawful sale, 1004a
mechanics liens, 4i9g
milk, impure, sale of, 967a, 967h
test standard, 970c
mortgages, 413d
failure to discharge, 407a
musical and dramatic compositions,
403b
navigation, impeding, 1815b
nursery stock, 184422
obstructing officer, 8936
oyster culture, 20iid, 2015a
SUBJECT INDEX
Penalties (continued)
passenger rates, 1227b
pawnbroking, 1727a, 1727c, 1727!
peddlers, is6oh
pharmacists, 949e, 949h
physicians, 944!
pipe lines, 2036a
poison, sale of, 953b
polygamy, 282a
prisoners, aiding escape of, 242a,
242c 242d, 242e, 352d, 3S2h, 352k
prostitution, 928a, 928e
public officers, 786a
railway tickets, 1233a
railways, I2i2e, i3Q4a, 1310a
injury to, 1333c 1333c, I333i,
I333n, I333P, I333r, I333U
rape, 286a, 286e
records, 396c
roads, 2737a, 2737b
robbery, 332a, 332b
school census, giving false informa-
tion, 2274a, 2274d
sheep, 1177b
state officers, failure to report,
38(7a
stations, railway etc., 1411c
stealing ride on train, 1335b
stock yard, 1526b
stolen goods, receiving, 328c
streams, obstruction of, Ii92y
street improvement, 2707d
street railways, 1318a, 1374a, I375a
supplies, purchase of, 790d
surety companies, I795f
taxation, 829d, 835a, 841 d, 84 li,
841m
tobacco, furnishing to minors, 924b
toll roads, 2720a
townships, 2526d
trading stamps, i628d, i628g
transfer tickets, fraudulent issue,
1366a
trees, 2742e, 2742h
trespass, 326c, 326d, 326k, 326m,
326n
on railroad property, 1332a
truant officers, 227oi
usury, 463c
veterans, 2421a
Penalties (continued)
vital statistics, registration, 938f
wages, 2iooa
warehouse receipts, 1510a, 1513c
water, pollution of, 1079b
waters, laws relating to, 11801,
1183k, Ii83y, 2648b
wood alcohol, sale of, 998a
See also Felonies; Misdemeanors
Penitentiaries, 341
Pensions
firemen, 2616
police, 876
soldiers, 2406
teachers, 2255
Periodicals, misrepresenting circula-
tion, 325J
Perjury, 246
witnesses, 219a
Personal injury, 471
employers liability, 2125
liability of municipality, 2446
on roads, 2728
Personal property, 400
custody of public, 786
mortgages, 413
taxation, 808, 823, 8oop
Persons
change of name, 498
crimes against, 292
Pesthouses, 1023a
Petroleum, 2035
products, inspection, 1493
Pharmacy, 949
examining board of, 38 (8g
See also Druggists
Physical culture, 2308
Physicians, 943, 833b, 9i6t, 932J, 938b,
I020f, I042i, 1052a, 2205d
action against, 471b
jail, 349g
prison, 342d, 342g
witnesses, 222, 72oe, 721c
Physiology, 2310
Piano, exempt from attachment, 7416
Piers, 1804
Pillory, 374 (5a
Pilotage, 1816
Pipe line companies, 845d
Pistols, iii7e
N. Y. STATE LIBRARY INDEX OF LEGISLATION T905
Placing out children, 2182
Plants, 1844
Plate glass insurance, 1791
Plats, 390
Pleadings, 708
Plumbing, 1106(5
Poisons, 953, 956V
sale of, 952b
Police, 872
courts, 65s
navigation, 181 7
railway, 1332, 1334
street railway, 1374
Political candidates, see Candidates
code, IS
parties, 126, 168
Poll taxes, 831, 2704b, 2704c
roads, 2714
Polls, 184
Pollution of water, 1079
Polygamy, 282
Pool, 881
Poolselling, 887
Poor
overseers of, 2140a, 2144c
relief, 2149
Poorhouses, 2155
Prairie fires, 1097
Preservatives, 959
Primary elections, 160, 126a, 126k
Printers insurance association, I770n
Printing, public, 67, 787b
bills, 108
legislative, 5
municipal, 2448
See also State printer
Prisoners
discharge, 367
escape, 242, 352
liquors, furnishing to, 91 id
poor, counsel and expenses, 227
restoration to citizenship, 119
See also Convicts ; Criminals
Prisons, 341
Privilege taxes, see Taxation, busi-
ness taxes
Probate courts, 429, 430, 426a, 441 f,
442s
appeals from, 733k
appeals to, 733yi
Probate courts (continued)
costs in actions, 737b
guardians, appointment, 445c, 4466
judges, 430C, 43od, 43of, 43<«,
43oh, 430i, 430J, 2205n
juvenile delinquents, 371 (3b
stenographers, 430P
trusts, 448e
titles to, 381
Probate procedure, 429
Probation, 374
juvenile, 371(3
Procedure
civil, 695
criminal, 202
divorce cases, 489
probate, 429
Professional education, 2342
Prohibition, 902
Property, 377
actions affecting, 739
conveyance of, 392
by corporations, 512, 500c
incompetents, 447
public, 776, 792
corporations, 509
foreign, 531
not for profit, 585 •
religious, 588
crimes against, 308
damages to, 326, 468, 27 iig, 271 ij
bridges, 1399
domestic animals, 1879
freight, 1247
railways, 1333
street railways, 1375
trees, 2742d, 2742e, 2742g
family, 490
of incompetents, 447
insurance companies, 1751
judicial sales, 736
personal, 400
I custody of, 786
I mortgages, 413
' taxation, 808, 823, 8oop
public, 770
local government, 2552
real estate, 379
mortgages, 407
titles to, 381
SUBJECT INDEX
Property, titles to (continued)
actions affecting, 748
public lands, 777
See also Mortgages; Taxation
Property and supplies, public, 779, 784
local government, 2559
Prosecuting attorneys, 675
Prosecutions, 212
Prostitution, 928
Public buildings, 779
insurance, 791, 2558
local government, 2555
sanitation and safety, 1099
school, 2233
Public debts, see Debts, public
documents, 67
state libraries, 2355
grounds, 2679
health and safety, 930
lands, 774
school, 2240
libraries, 2356
morals, crimes against, 264
officers, see Officers
order, 870
crimes against, 256
ownership, see Government owner-
ship
printing, 67, 787b
municipal, 2448
session laws, 5
property, 770
local government, 2552
prosecutor, 675
safety, 1090
labor, 2052
railways, 1313
street railways, 1368
service corporations, taxation, 845
works, 793
hours of labor, 2096
local government, 2620
Publications, state, 67, 2355
Quarantine, 1023, 932J, 1020a, 1020b,
I020d
of animals, 1146, Ii44d, ua4t,
1144U, 1177a
Quarter sessions, court of, 733y4i
270Qy6
Race distinction, 122b
transportation, 1238 ,
Racing, 2736b
Railways, 1200, 1267
actions against, 703h
branches, 1289
capital stock, 1279
cars, private, taxation, 823c
public comfort regulations, 1329
supply of, 1307
commissioners; see State railroad
commissioners
consolidation, 1272
construction, 1288
corporate organization and power,
1268
crossings, 1317, 1319
employees, 1320(5, 896c, 1314b,
1321a
labor, 2077
hours, 2097
franchises, 1298, 1267a, 1272a
liability for injury, 2126, 1314b
officers, 1278
passenger rates, 1227
passes, 1237
police, 1332, 1334
public comfort regulations, 1328
public order, 1332
public ownership, 1280
race distinction, 1238
rates, 1204
rights of way, 1295
safety regulations, 13 14
stations, 1303
supervision and regulation, 1286
taxation, 845
tickets, 1229
traffic regulations, 1301
transfer facilities, 1312
See also Street railways
Rape, 286
Real property, 379
mortgages, 407
See also Property
Receivers, 450
banks, 1687b
corporations, 523
See also Assignments
Recognizances, 225e
N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905
Recorder of deeds, 2522(5, 6s7i, 823b
Records, 2365
conveyances, 396
county, 2497
real property, mortgages, 411
war, 2379
Redemption
liens and mortgages, 406, 410
tax sales, 829
Referees, 688
Referendum, 115, 2465a
Reform schools, 343
Reformatories, 343
Register of deeds, 2522(5, 657f, 823b
Registration of voters, 187, 134a
Religious corporations, 586, 583^, 585d,
585c
Religious institutions, exemption from
taxation, 812
Replevin, 746
Representatives
state, 79
United States, 83
Resources and attractions, 1675
Restaurants, iio8a
Revenue, see Taxation
Rights of way
railways, 1295
street railways, 1359
telegraph and telephone companies,
1411a, i4T8a
See also Condemnation of property ;
Franchises
Roiids, 2700
debts, 2700n, 2700P, 2700y6, 2702s,
2721C
districts, 2704
engines, 2740
injury to, 2737
labor, 2713
convict, 358
obstruction, 2737
officers, 2703
private, 2719
state aid, 2702
taxes, see Taxation, roads
toll, 2720
Robbery, 332, 308a
Safe deposit companies, 1698
Safety
of employees, 2052
building trades, 2056
mines, 2066
railways, 2080
public, 1090
railways, 1313
Salaries, public officers, 38(8
See also Wages
Sale of lands, 394
of property, 447
Saloons, 914, 929c
See also Liquors
Sanitation
buildings, 1099
school buildings, 2235
See also Health, public
Saturdays, holiday, 1624
Savings and loan associations, 1718,
701 f, 1680P
See also Building and loan associa-
tions
Savings banks, 1708, i684d
Scales, 1426
Scenic places, 2369
Scholarships, 2335
Schools
agricultural, 2324, 2240e
attendance, 2267
compulsory, 2270, 371(3^1 2223!
boards, 2228
See also Education, boards of
buildings, 2233, 2561a
census, 2274
commercial, 2345
commissioners, 2223f, 2266b
consolidation, 2272
of districts, 2227
conveyance of pupils, 2272
curriculum, 2288
debts, 2245, 2233a, 2233c, 22331
districts, 2227, 2244c, 2244d, 2244r
elections, 2225, 223 iv, 2233P
elementary, 2223
finance, 2237
state institutions, 2333
inspectors, 223 if
kindergartens, 2321, 2266a
lands, 2240
state institutions, 2333
SUBJECT INDEX
Schools icontinued)
lectures, 2323
libraries, 2360
manual training, 2350
medical inspection of children, 2281
meetings, 2225*
military, 2348(5
nonresident tuition, 2272c
normal, 2266, 22406, 2258t
insurance, 2233d
officers, 2228, 2233h
place of attendance, 2272
professional, 2342
sanitation, 2235
secondary, 2223, 2327
state aid, 2328
students, 2277
superintendents, 2ii8n
city, 2228b, 223 1 w, 22636
county, 2230, 2223i, 2223 j, 2228b,
2228d, 2244a, 2244m, 2258b,
2258m, 2274g, 2282f, 25I7g,
2S57b
district, township and municipal,
2231, 2228d, 2230k, 2231U
state, 2229, 2223a, 22236, 2223s,
2228b, 2258y, 234Sa, 2497d
supplies, 2282
taxes, see Taxation, schools
technical, 2342
textbooks, 2282, 2310b
trustees, 2231a, 2231b, 223ig, 2231J,
2244d, 2561a
United States flag, 2236
year, 2275
See also Teachers
Scientific associations, 583f
work, 2380
Sealers, 1426
Seals, 457
Search warrants, 747
Secondary schools, 2223, 2327
Secondhand dealers, 1568
Secretary of state, 49
agricultural statistics, 1832b
charters, fees for, 842c
deputy, 38 (8c
insurance of state property, 79ia
laws, duties relating to, 5b, 5e, lie,
lie, 67p
Secretary of state {continued)
reports, 862a
salary, 38(8a, 38(8i
state library fund, 2354a
statute clerk, io6b
surety company, certificate, I796e
taxation, 84id
Township Officers (juide, 2526b
voting machines, 185CI
war records, 2379c
Sectarian schools, 2243 ,
Seduction, 288, 219a
Seeds, 1496
Senators
sute, 79, 80, i68a
See also Legislature
United States, 84
Sentence, 363
commutation of, 366
criminal procedure, 228
indeterminate, . 370
Sergeant-at-arms, 689
legislature, loob
Servant, bribing, 460 (5c, 460 (5f
Service of process, 705, 525a, I4iid
Service of summons, 705
Session laws, 5
Sewage disposal, 2670a
Sewerage, 2661, 932m, 2620a, 262od»
262oe
pollution of water, 1079
Shares, see Capital stock
Sheep
cruelty to, 896J
diseases of, 11 77
taxation, 824a
Shellfish, 2000
Sheriff, see Counties, sheriff
Shipping, 1800
Ships, 808a
Shooting, careless, 299
Shows, 893
Sick and disabled, 2160
Sidepaths, 2718
Sidewalks, 2716
Signs, 1082, 1592a
Silk culture, 1653
Slander
appeals from conviction, 2251
tort, 472
N. Y. STATE LIBRARY INDEX OF LEGISLATION I905
Slot machines, 8830
Smallpox, 1027b
Smoke, 1084
Society badges, 1504
Soldiers homes, 2416
Soldiers monuments, 2376
Soldiers, see also Veterans
Spanish war veterans, 2405, 2408b,
2411a, 24iie, 2417a, 2426
Special assessments, see Assessments,
special benefit
Special legislation, 88
Speculation, 1507
Spices, 1006
Sporting associations, s83d
Sprinkler leakage insurance, 1768a
State accountant, 8s6d
accounts, 853
agricultural associations, 1840
agriculture, boards of, 1826, 1832c,
^18443, 1844X
aid to libraries, 2357
for roads, 2702
to schools, 2343a
to secondary schools, 2328
to technical and manual training
schools, 2350c
architect, 783
armories, 2392
assessors, clerk, 38(8!
attorney, see Attorney general
auditor, 858, 528b, 7i9e, 856m, 857c,
86ia, 1698c, i76ii, 2203d, 2583a,
25830
bank department, 1680, I7i8d
bank examiner, 38(81, 1720a, 1720c
Capitol, 781, 780a, 78oh, 7801
census, 21
charities and corrections, board of,
63. 335b, 2143a, 2149a, 2I72h,
2182a
chemist, 936d, 1472a, 1474c, 2642b
children's institutions, 2177
claims against, 855
claims in favor of, 854
comptroller, 858, 38(8a, 7906, 792a
control, board of, 2157
debts, 865
departments, 38
State departments {continued)
created, abolished or reorganised,
57
temporary, 58
depositories, 868
ditches, 1195
domain, 772
education, department of, 222g,
223oi, 2270b, 2270m, 2a82d, 2288b
educational institutions, 2332
engineer, 796, 1183x1, Ii83yi
examiner, 55, 856c 856J, 868n
executive mansion, 782, 780a, 780I1,
78oi
factory inspector, 2040e, 20401,
2058a, 2Il8t
finance, 770
firemen's associations, 2619
fish and game commissioners, i^oog^
1900J, i9oon, I9ooq, I9oor,
1900U, 1900V8, 1900XI, I900y3,
I96ie, i96if, i96ig, i96it,
1962a, I97ie, 1988c, 2007b,
2007c, 2011C, 2017a
wardens, i890g, 1900m, 1900P,
1900W7, 1900x8, i90oy8, 1961S
flag, 24
forestry commissioners, iiSoj,
1893k, I96ig, I97ie, 2650P
geologist, ii8og
health boards, see Health, public,
state boards
highway commissioners, 270of,
2702b, 2702f, 2702k, 2702r, 2703a,
2742e
historical society, 2366b, 2366c
hospitals, 2166
for insane, 2198
Indian school, 2178
insane asylums, 2198
institutions, 60
accounts, 863, 856q, 86ib
blind, 2191
charitable, 2143
deaf and dumb, 2186
epileptic, 2213
feeble-minded, 2218
insane, 2198
penal, 341
SUBJECT INDEX
State institutions (continued)
property and supplies, 790
insurance department, 1733, 38 (8i,
856c 8s6i, 1723a, 1732c I732g,
1739a, 1740a, 1741a, 1746a, I7s8c,
1758 (5c, 1761a, I769d, 1795c
insurance of public buildings, 791
labor commissioners, 2040a, 2040c,
204oh, 20401, 2ii8i, 2ugt
laboratories, 936
land commissioner, 774c, 7746
774n, 776d, 776h, 776k, 82911
librarian, 70c, 791c, 2365^, 2366a
library, 2354, 7806
library commission, 2357
lunacy commissioners, 2193c, 2201a,
22Q2a, 2203a
medicine, control of, 940
militia, 2391
mine inspector, 2o63g, 2o63h
mining board, 2063b
officers, 38
accounts, 856a, 856b, 856c, 8s6f,
856h, 856q
actions against, 703k
contracts, interest in, 789a
created, abolished or reorganized,
57
elections, 17 le
nominees for, i68a
temporary, 58
oyster commissioners, 201 le, 2012
parks, 798
police, 874
poorhouses, 2156
printer, iie, 6o3h. 2380a
printing, 67, 787b
prisons, 341
property, 772
property and supplies, 779, 784
public building commissioners,
2218c
public works, 793
publications, 67, 2355
railroad commissioner^, i20oa,
1212b, 1249a, 1267c, I267d, I267f,
12671, 1267 j, 1267k, 1267P, 1267U,
1289c, 1308a, 1310a, 1312b, 1319c,
1369 (Sa, 1393a, 1411a, 1480a,
1544a, 2036a, 2081a
road systems, 2702
schools, superintendents of, 2223a,
2223e, 2223s, 2228b, 2229, 2258y,
234Sa, 2497c
secretary of, see Secretary of state
special investigations, 59
tax commissioners, 800
treasurer, 859, 79oe, 833h, 8S4a,
856i, 8S7C, 86ia, 86sb, 865c, 868r,
i698g
salary, 38(8a, 38(8c
universities, 2332
veterinarian, 1144
water supply commission, 2648e
State's attorneys, 2i2e, 67SC, 675s
Statistics, 19
agricultural, 1832
vital, 938
Statutes, 2
construction of, 9
revision and compilation, 11
unconstitutional, 12
Stealing animals, 1884
railway tickets, 1229
ride on train, 1335
See also Larceny
Steam boilers, insurance against loss
by, 1777a
Steamboats, 1139
Stenographers, 49d, 501, 2409c
court, 694, 430P, 720b
Stock, capital, see Capital stock
Stock yards, 1526
Stockholders liability, 506
banks, 1690
trust companies, i698e
Stolen goods, receiving, 328
Storage, see Warehouses
Streams, pollution of, 1079
Street railways, 1337
actions against, 703c
boats, may operate, I267g
bonds, 1279b
condemnation of property, 1361
consolidation, 1342
corporate organization and powers,
1339, 2638b
N. Y. STATE LIBRARY INDEX OF LEGISLATION 1 905
Street railways (continued)
crossing steam railways, 13 18
crossings, 1368(5
damages to property, 1375, I333e
elevated, 1338b, I3^a
fares, 1365
franchises, 1362, 2628c
freight, 1345a
passes, 1365
public order, 1374
public safety and comfort, 1368
race distinction, 1238
right of way, 1359
sale of equipment, 1271b
street paving, 2710
supervision, 1352
taxation, 845
transfers, 1366
underground, 1338, 1362a, 1407
vestibules, 2079
Streets, 2700
commissioners, 2703
improvement, 2707
See also Roads
Subways, 1338, 1362a, 1407
Succession, 423
Suffrage, 129
school, 2225
Sugar beets, 1635
Sugars, 1008
Summons, 705
Sunday observance, 929
selling of liquors, 913d
Superior courts, 609
appeals from, 733y
clerks, 671a, 671c
judges expenses for, 657d
commissioners, 693a
costs in actions, 226J
county commissioners, vacancies,
2504e
guardianship proceedings, 445a
high schools, 2327h
judges, 609b, 668a, 668c, 668d, 668h,
668i, 668q. 6683
judgments, executions on, 736h
juries, 730X
procedure, 695a
receivers, appointment, 1687b
statistics of trials, 6o9e
Superior courts {continued)
supplies, 6o9n
venue, change of, 710b
Supervisors, see Counties, supervisors
Support of family, 496
Supreme courts, 605
appeals to, 733e, 733^, 733g. 733^.
73301, 733P, 733s. 733U, 733y.
733y2, 733ZI, 736a
attorneys, licenses, 591b, 592J, 59211
briefs, 7o8d
buildings, 78od, 78oe
clerks, 606
costs in actions, 737m
habeas corpus, 211c
judges, 608, 668b, 668c, 668f, 668q
officers, 606, 657b
pleadings in, 591a, 712b
procedure, 695b
reporter, 603b, 6o3g, 603k
reports> 6o3f, 6o3h, 603J, 603m
stenographer, 694c
tax sales, 829s
trust companies, 16986
Supreme courts (intermediate), i0S7c
appellate division, 6o9i
Sureties, public officers, 38(4
Surety companies, 1795, 17649
Suretyship, 467
insurance companies, 17649
Surgeons, taxation, 833b
Surrogates courts, 430
Surveyor, county, 2523
Surveyor general
deputy, 38 (8c
salar>', 38 (8a
Surveys, 386
Swamp lands
drainage, 1192
state, 778
Sweat shops, 2082
Syrups, 1008
Tax assessors. 819, 845k, i832d, 2557b
collectors, 827
commissioners, 800
rate, 849a
local, 2577
sales, 829
Taxation, 800
SUBJECT INDEX
Taxation (continued)
assessment of taxes, 819
banking institutions, 843
bridges, I393h, I393i, I393m
business taxes, 833
liquor, 907
collection, 827
contracts, 835
corporations, 841
county, limit of, 2578
deeds, 835
delinquent taxes, 829
dikes, 1192a
dogs, 1889
domestic animals, 824
drainage assessments, 1194, ii92d,
Ii92h, 1192W
equalization, 825
exemptions from, 810
bequests, 836k
corporations, 841a, 841b
forests, i892e
industries, 1633
lands ceded to United States, i8c
municipal bonds, 809c
railways, 1283
shows, i83Sk
income tax, 830
inheritance taxes, 836
insurance companies, 844
libraries, 2358c, 2358g, 2358J
local and municipal, 2566
limit of, public improvements,
2578, 2622
mining companies, 846
mortgages, 809a, 809b, 843c
parks, 2679c, 2679d, 26796, 2679f,
2684a
personal property, 808, 823, 8oop
poll taxes, 831, 2704b, 2704c
roads, 2714
real estate, assessment of, 820, 8oop
review, 825
roads, 2713, 2597n, 2700b, 270od,
270oe, 27001, 2700m, 270or, 2700s,
2700t, 2700U, 2700X, 27ooy5,
2700Z2, 2702U, 2702W, 2704c, 2715a,
2744a
sanitary district, 2661a
Taxation (continued)
schools, 2240, 2244, 2223d, 2223q,
2226b, 2227df 2227e, 2242d, 2272i,
2328a, 2333c
sewers, 2661a, 266id, 266if, 2661!
special assessments, 2569, 26206^
boulevards, 2681b, 2681c
lighting, 2633a
roads, 2704b
sewers, 2671, 2664a
sidewalks, 2716a, 27i6f
street improvement, 2707b, 2707c
waterworks, 2652, 265og
street paving, 2709a
transportation and transmission
corporations, 845
Teachers, 2247, 2223i, 2223J
associations, 2250
certificates, 2258, 2223f, 2223q
dismissal, 2253
employment, 2253
examinations, 2258, 2310b
institutes, 2263, 2223i, 2223J, 223oe,
2240b, 2247a, 2253e,
pensions, 2255
qualifications, 2258, 2310b
salaries, 2254, 2244c
training classes, 2264
Technical education, 2342, 2350
Telegraph, 1411, 500k, 705m, 845zi»
1237c, 2628c, 2628h, 2639a, 2645e
apparatus, interference with, 320
Telephone, 141 1, 50ok, 845y, 1237c
2628c, 2628h, 2639a, 2645e
apparatus, interference with, 320
Temperance
effects of alcohol, 2310
liquor laws, 900
Tenants, 422
Tenement houses, mo, 1103c, Ii03e
Tenure of office
county officers, 2518
municipalities, 2478
public officers, 38(9
township officers, 2536
Testaments, see Wills
Testimony, see Witnesses
Textbooks, 2282, 2310b
Theaters, 893, 1103b, 1109c, ii09d
Ticket scalping, 1235
N. Y. STATE LIBRARY INDEX OF LEGISLATION 190$
Tickets, railway, 1229
Tide lands, 778b
Timber, ifi^
state lands, 778(5
See also Forestry
Tires, wide, 2745
Title insurance, I74ig, I795g
Titles to property, 381
actions affecting, 748
public lands, 777
Tobacco, 924
Toll roads, 2720
Topography, 2384
Tornado insurance companies, 1770b,
I770h, i77oi, 1787c, 2233q
Torrens system, 398
Torts, 468
Town sites, 390
Towns
buildings, 2556
debts, 2597Z2, 2620b
recorder, 226a
See also Municipalities
Townships, 2526
clerks, 938k
debts, 2597f
jails, 349
officers, 2533
taxes, 26206
Toy pistols, II 18
Trade combinations, 589
Trademarks, 1500
Trades and occupations, regulation,
1532
Trading stamps, 1628, 841!
Training classes, teachers, 2264
Training schools, insurance, 2233d
Tramps, 260, 242b
Transfers, street railways, 1366
Transient merchants, 1586, I532e,
i56or
Transmission corporations, taxation,
845
Transportation and communication,
1200
Transportation corporations, taxa-
tion, 845
Transportation insurance companies,
I764f
Transportation of convicts, 353
Traveling libraries, 2357, 2356a
Treasurer, see Counties, treasurer;
State treasurer
Trees, 1890, 2742
planting, 2233h
See also Forestry; Timber
Trespass
animals, 1879
crimes, 326
hunters, 1908
mines, 2034
torts, 473
Trials
civil, 708
new, 733
criminal 216
new, 225
divorce, 489
Trolleys, see Street railways
Truancy, 2270
Trust companies, 1698, 701 f, 843h,
1680a, 1680b, i68og, i68oh, 1680P,
i684d
Trust deeds, 407
Trust funds, 445d
Trustee process, see Garnishment
Trustees, 441, 448, 384b, 5i8d
Trusts, 448
Trusts (Combinations), see Combi-
nations
Tuberculosis, 1042, i02of
Underground railways, 1338, 1362a,
1407
Undertaking, 105 1
Undertakings, see Bonds
Uniform accounts, municipal, 2583
Uniform legislation, 13
Union labels, 1503
United States
cessions to, 18
flag, 252, 2236
representatives, 83
senators, 84
Universities, 2332, 224oe, 224oh
Usur>', 463
Vaccination, 1027
Vagrancy, 260, 242b
SUBJECT INliEX
Venereal diseases, 952c
Vcntihition, mines, 2065*
Venue, 703
change of, civil procedure, 710
criminal procedure, 217
Verdicts, ^7lb^ 732 .
Vessels
inspection, 1139
quarantine, 1024
taxation, 8o8a
wrecks, 1820
See also Navigation
Vestibules on cars, 2079
Veterans
confederate, 2409, 2416c
exempt from taxation, 816
homes, 2416
memorials to, 2376
organizations, 2421
peddlers, i56oai
pensions, 2406
preference of, 38(5
retirement fujid, 38 (8k
Spanish war, 2405, 2408b, 2411a,
241 le, 2417a, 2426
war records, 2379
Veterinarians, 1588, 926f, 926h
state, 1 144
Veto power of governor, 45
Villages
commissioners, 2613a
debts, 2620b
See also Municipalities
Vinegar, 10 14
Vital statistics, 938, 932h
Vivisection, 896t, 2288c
Voters
assistance to, 183
bribery, i6ozi, 167c, i67d
enrolment of, I26g, i6od
lists, 190
qualifications, 129a
registration, 187, 134a
residence, 142
women, 146
See also Elections
Voting, 175
illegal, 155
machines, 185
Wage lien, 420
Wages, 2100, 833i '
garnishment, 742, 74ig
War records, 2379 .
Wards and guardians, 445, 5i8d
Warehouses, 1508
Warrants, 864
local finance, 2585 ~ •' •
Water > ; '
commissioners, 2661 g
companies, 2655
insurance against loss Ijy, I773a
mains and meters, interference
with, 320
pollution of, 1079
power, 1 180
rights, 1 180
tax, 2652
Waters, control of, 1180
Waterways, 1800
Waterworks, 2648, 932m, 2566a, 262od,
262oe, 2629b, 2629c, 2629d
Weapons, 262
Weeds
agriculture, 1854
roads, 2744
Weighing grain, 1519
Weights and measures, 1425
Wharves, 1804
Whipping, 296b
Widows
exempt from taxation, 8ioe
of soldiers, homes, 2418
Wife beating, 296b
Wild animals, noxious, 1856
Wills, 425
contest of, 432
foreign, 433
probate of, 429, 431
See also Estates
Wind, insurance against loss by,
1773a
Wire fences, 38S
Witnesses
briber^-, 2'^oh, 250k
civil procedure, 717, 845V
criminal procedure, 219, 216a, 230a,
250c. 266c, 900a
of cruelty to animals, 896r
expert evidence, 222
N. Y. STATE LIBRARY INDEX OP LEGISLATION 1905
Witnesses (continued)
fees, 223, 38 (8q
mileage, 223a, 230a
Woman suffrage, 146
school elections, 2226
Women
dubs, 583e
employment, 21 17
in saloons, goTp, 912b
hours of labor, 2086, 2085c
institutions for, 345
married, property rights, 494
Wood, transportation, 1264
Wood alcohol, 953b, 956k, 998a, 998b,
998c
Workhouses, 348b, 349c
escape from, 352k
Workingmen's insurance, 2128
Workshop regulations, 2040
Workshops, fire escapes, ii03e
Wrecks, 1820
Writs, 749
Yacht club 583c
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BULLBTIN 387
Published monthly by ih€
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OCTOBER 1906
New York State Library
BnUetm 105
LEGISLATION 29
REVIEW OF LEGISLATION 1905
October z, 1904 to 'October z, 2905
BDITBD BY
RolMrt H. WbittBO, Sociology Librarian
PAOB
Property. Ernst Prbund 7
Liens and Mortgages. Louis
BoisoT 13
Contracts and Torts. John B.
Sanborn 16
The Familv. Amasa M. Eaton 22
Courts and the Practice of Law.
IsiDOR LoEB 27
Liquor Legislation. Russbl
Headley 35
Public Health and Safety.
Charles V. Chapin. 45
Food Adulteration. W. D. Bige-
Low 59
Agriculture (general). J. I.
SCHULTE 61
Experiment Stations and In-
spection. W. H. Beal 67
Farmers Institutes. John Ham-
ilton 74
Horticultural Diseases and Pests.
E. P. Felt. 76
Domestic and Noxious Animals.
E. V. Wilcox 80
Charities. William B. Buck. . 91
The Insane. T. E. McGarr. . . zoz
Feeble-Minded and Epileptic.
J. C. Carson Z07
Cnmes and Offenses. Samuel
J. Barrows zzz
Corrections. Gborgb Mc-
Laughlin z z6
Libraries. Asa Wynkoop Z29
Public Printing and Records.
Adblaidb R. Hassb Z35
Publications. T. L.Colb Z40
State Government, Lawmaking
and Elections. C. E. Mer-
riam Z43
State Finance. Frank A.
Fetter... z7i
Taxation. Frank A. Fetter. . Z76
Inheritance Tax. Max West.. z88
Local Government. Delos F.
Wilcox Z91
Local Finance. Frederick R.
Clow 204
Municipal Functions. John A.
Fairlie 209
Forestry. George W. Wood-
ruff and Philip P.Wells. . . 215
Game. T. S. Palmer 220
Fish and Fisheries. M.C. Marsh 227
Irrigation. R. P. Teele 23 z
Land Drainage. John T.
Stewart 243
Commerce and Industry.
George Mygatt Fisk 257
Banking. Louis Boisot 265
Insurance. S. Hubbner 283
Education. Howard J. Rogers 297
Labor. Adna F. Weber 309
Child Labor. Samubl McCunb
Lindsay 321
Roads. M. O. Eldridgb 33 z
Transportation and Communi-
cation. Allyn a. Young ... 345
Corporations. Charles Earl. 367
Civil Procedure. Charles
Henry Huberich 370
Index 377
ALBANY
NBW YORK STATE EDUCATION DEPARTMENT
1906
La68m*My6-9oo
Price 25 cents
8TATB OF NBW YORK
EDUCATION DBPARTMBHT
R«C«ats of tht DniTtrrity
With jmn whMi tanns fspirt
iQzj Whitbxaw Rbid M.A. LL.D. Chancellor . . New York
1917 St Clair McKblway M.A. L.H.D. LL.D. D.C.L.
Vice Chancellor Brooklyii
1908 Danibl Bbach Ph.D. LL.D Watkuu
19x4 Pliny T. Sbxton LL.B. LL.D Palmyra
191 fl T. Guilford Smith M.A. C.E. LL.D. . . Buffalo
1907 William Nottingham M.A. Ph.D. LL.D. . . Syracuse |
1910 CHARLBsA.GARDiNBRPh.D.L.H.D. LL.D. D.C.L. New York
1915 Albert Vander Veer M.D. M.A. Ph.D. LL.D. Albany ^ .
19XZ Edward Lautbrbach M.A. LL.D New York
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rorpui
Comminioiiv of Bdacatloo I jeries
Andrew S. Draper LL.B. LL.D. | This
1 parts (
AMittaot Comminiontn ^v .
Howard J. Rogers M.A. LL.D. First Assiskmi
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Augustus S. Downing M.A. Pd.D. LL.D. Third Assistant
8«cr«tar7 to tbo CommiHlonv
Harlan H. Hornbr B.A.
Director of State Library
Edwin H. Anderson M.A.
Director of Science and State MoiewB
John M. Clarke Ph.D. LL.D.
Chiefs of DiTUont
Accounts, William Mason
Attendance, Jambs D. Sullivan
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Examinations, Charles P. Whbblock B.S. LL.D.
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School Libraries, Charles E. Fitch L.H.D.
Statistics, Hiram C. Casb
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^'PpTO
New York State Library, Albany, May lo, 1906
Hon, A. S, Draper
Commissioner of Education
Dear sir: I have the honor to transmit herewith and recommend
for publication the annual Review of Legislation, the fifth of its
series.
This Review contains contributions from specialists in various
parts of the country reviewing governors' recommendations and
the laws enacted pertaining to each important subject.
Very respectfully
Edwin H. Anderson
Director
Approved for publication May 15, 1906
Commissioner of Education
New York State Education Department
New York State Library
Bulletin 105
LEGISLATION 29
REVIEW OF LEGISLATION 1905
October i, 1904 to October i, 1905 j
EDITED BY
Robert H. Whittra, Sociology Librarian
New York State Education Department
New York State Library
REVIEW OF LEGISLATION I905 LEGISLATION BULLETIN 29a
Property Ernst Freund
Liens and Mortgages Louis Eoisot
Contracts and Torts John B. Sanborn
The Familv Amasa M. Eaton
PROPERTY^
ERNST FREUND J.U.D., PROFESSOR OF LAW, UNIVERSITY OF CHICAGO
While the year 1905, as an odd-numbered year with numerous
legislative bodies in session, has produced a considerable amount
of property legislation, most of it is piecemeal and disconnected,
growing out of special needs or intended to remedy particular de-
fects that make themselves felt in the course of practice, without
representing large and definite policies. Perhaps the only move-
ment of far-reaching import is that toward the adoption of the
Torrens system of registering land titles; but it is also possible to
notice certain tendencies in other phases of the law of property, so
in the direction of increasing the facility of transfers and the security
of titles, perfecting the course of descent and distribution, and
enlarging the powers connected with the administration of estates
of decedents and of persons under disability.
It will be most convenient to single out under different heads o*
legislation such statutes as have introduced notable changes or
innovations.
Tenure and titles. Wisconsin ('05 ch.511) which belongs to the
group of states which modify the rule against perpetuities upon the
model of the Revised Statutes of New York, adopts the exception
from this rule in favor of charitable uses, which New York intro-
duced in consequence of the Tilden will. The statute appears to
have been induced by the decision in Danforth v, Oshkosh, 119
Wis. 262.
*See also Governors Messages and Index of Legislation, 377.
7
8 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Indiana ('05 ch.130) subjects real estate held by aliens in excess
of 320 acres to liability to escheat; but this is really a removal of
an existing disability with reference to holdings of less than that
amount.
Eminent domain. A number of states (Indiana, Maine, Minne-
sota, New Mexico, Oregon, Washington, Wisconsin) enact provisions
on this subject. They are conspicuous for the absence of any pro-
vision for hearing on the question of the necessity of the taking,
which while not constitutionally required, should be provided for.
Washington ('05 ch.65) allows the exercise of the power for any
public use, the public character of the use being a judicial question.
So undefined a grant of power is very unusual.
Dedication. The dedication of streets etc., for public use by the
filing of plats on which they are indicated is very commonly provided
for by statute. Idaho ('05 p. 70), Missouri ('05 p. 73), Nevada
C05 ch.126), Oregon ('05 ch.146) and Wisconsin ('05 ch.225) have
provisions on this subject, which require approval of plats by the
municipal authorities, such approval being conditioned in Missouri
upon previous reduction of the streets to the ordinance grade, in
Oregon upon conformity to adjoining plats. Here is a field of
municipal law capable of considerable development, for beyond
insuring a monotonous regularity of plats little has been done in the
past in the direction of intelligent control of systems of streets and
pubUc places with a view to beauty and to convenience of connec-
tions.
Intangible property. California ('05 ch.276), Connecticut {'05
ch.130), Michigan ('05 ch.268), Minnesota (*oS ch.40) and Wiscon-
sin ('05 ch.281) are added to the list of states that afford protection
against the unauthorized performance (California also against
the unauthorized sale of copies) of dramatic or musical compositions.
All these acts apply only to performances for profit, and all except
Michigan confine the protection of musical compositions to operas.*
Landlord and tenant. Of the 12 acts dealing with this subject
(relating mostly to modes of termination and notice to quit) the
only one of general interest is that of North Carolina ('05 ch.297)
which makes it a misdemeanor for the tenant wilfully to abandon a
lease after procuring advances from the landlord, and for the land-
lord wilfully to fail to furnish advances after having agreed to make
them. This statute belongs to the "agrarian" legislation of the
South. An act of Alabama belonging to the same general category
has been declared unconstitutional (Toncy v. State 37 S. 332),
*For observations on this k'j^islation see Review of Legislation, 1904.
FREUND PROPERTY 9
because it also undertook to make the entering into a new contract
of employment unlawful except under conditions deemed by the
court too onerous.
Security of titles and facility of transfers. These objects are
served by the following statutes: a statute of California ('05 ch.443)
requiring a person in whom a title is vested, and who subsequently
changes his name, to set forth in conveying the property the name
under which the title was acquired; a statute of New York ('05
ch.449) providing that an instrument postponing or subordinating
a mortgage lien must be recorded as a conveyance ; another statute
of New York ('05 ch.662 amending §1538 Code Civil Procedure),
under which it is sufficient in an action for partition, if a future
interest is limited upon a contingency to persons who shall consti-
tute a class, to make parties only those who would have been en-
titled to an interest if the contingent event had happened imme-
diately before the commencement of the action ; another statute of
New York ('05 ch.450) under which a deed which has been recorded
for 30 years shall be deemed duly acknowledged, with a saving for
vested rights of bona fide purchasers; an act of North Dakota ('05
ch.125) allowing a discharged bankrupt to procure the cancelation
of judgment liens against his property; an act of Pennsylvania
('05 ch.145) to enable persons in possession of land to proceed
against persons known or unknown claiming or having an apparent
interest in the property, but not having been in possession for 21
years, requiring them to bring ejectment within six months, or show
cause why not, or be foreclosed — a species of legislation unknown
in principle to either common law or equity (except in the case of
fines with proclamations) but increasingly favored by modem
statutes, and forming a principal feature of the Torrens acts; an
act of Texas ('05 ch.128) introducing the system of recording
notices of lis pendens, in the absence of which record bona fide
purchasers from parties to the suit are to be protected against the
effect of a subsequent decree; an act of Wisconsin ('05 ch.234)
allowing proceedings to determine the boundaries of riparian
rights, similar to actions for partition, while equity has ordinarily
no jurisdiction for the settlement of disputed boundaries.
Torrens system. Little progress was made in 1905. Massa-
chusetts (*o5 ch.249) makes the system applicable to easements; an
elaborate new act of Minnesota ('05 ch.305) seems, so far as a neces-
sarily cursory examination shows, merely to remodel and rearrange
the act of 1901 ; Georgia ('05 p. 1256) extends the time of the com-
lO N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
mission created for the investigation of the system, to report in
1906 ; and the Governor of Wisconsin in his message recommends an
inquiry into the merits of the system.
Absentees. Pennsylvania ('05 ch.112) supplements the act of
1885 allowing administration on the estate of persons presumed to
be dead on account of long absence, by providing for probate of wills
under similar circumstances ; the act of 1885 has been sustained by
the United States Supreme Court in Cunnius v. Reading School
District 198 U. S. 458.
Massachusetts ('05 ch.326) provides for the transfer of trust
estates to the parties entitled in remainder, to be held by them as
trustees, where the life beneficiary has disappeared and has not
been heard from for 14 years.
Wills, Wisconsin ('05 ch.128) by making void all testamentary
gifts to the husband or wife of a subscribing witness, as well as to the
witness himself, disposes of a difficulty with which students of the
law of wills are familiar, and which in many states still forms a trap
to the unwary {see Fisher v. Spence 150 111. 253). England and
Massachusetts have similar statutes.
California ('05 ch.448) introduces two valuable provisions: the
one recognizing the validity of wills of personalty, if valid according
to the law of testator's domicil ; this is in accordance with the general
principles of private international law ; the other, saving testamen-
tary powers of sale, where an afterbom or omitted child takes his
intestate share ; without such a provision the child takes his share
in the corpus of the estate, defeating to that extent the power of
sale (Smith v. Robertson 89 N. Y. 555).
Succession and marital rights. An act amending the statute of
distribution of personal estates of Michigan ('05 ch.331) contains
some noteworthy provisions: if all descendants are of equal degree
they take per capita, and not per stirpes; this is contrary to the
general rule; and if there are no children, the widow takes $3000
absolutely as against any of the next of kin. New Hampshire
('05 ch.14) gives her in Hke manner $1500. The statute of Michigan
is not perfectly clear as to whether remoter descendants than
children of brothers and sisters of the decedent concur with the
decedent's surviving spouse; New York ('05 ch.539) excludes
representatives among collaterals after brothers' and sisters*
descendants, following in this respect (with a slight alteration)
the English statute of 1670 and settling the difficulty that arose
in re Davenport 172 N. Y. 454.
FREUND PROPERTY 1 1
The favor shown to immediate next of kin appears in a statute
of Maine ('05 ch.74) which provides that money received for the
insurance on the life of a married woman shall be distributable
among her widower and issue, and not constitute assets for the
payment of debts.
Homestead rights are further secured in Kansas ('05 ch.154) by
the provision that contracts for the sale of the homestead property
shall be unenforceable against the party signing unless signed by
both husband and wife.
New Hampshire ('05 ch.4) and New Jersey ('05 ch.114, 115)
establish rights of succession between a bastard and the mother's
kin; and New Jersey ('05 ch. 247) admits illegitimate children
whose parents have subsequently intermarried to the succession of
the personalty of the surviving parent, but only if there are no
legitimate children of the marriage.
A provision introduced by the laws of Michigan ('05 ch.327) to
the effect that a surviving spouse shall be deprived of rights of
dower and succession, if living at the time of the death of the lawful
spouse in a bigamous relation pursuant to a purported marriage, is
equally striking in its novelty and in its justice, though it must be
of rare application. It is, however^ difficult to see how the clause
of the act making its operation retroactive can be sustained as a
constitutional exercise of legislative power.
The act of Tennessee ('05 ch.ii) providing that one who procures
the death of another shall not inherit any of the latter's property or
take by deed or will taking effect at the latter's death, is, as far as
devolution by law is concerned,, in affinnance of the decision in
Box V, Lanier 112 Tenn. 393 (1903), and applies the same principle
to benefits that would otherwise have accrued by the act of the
deceased. The point has been discussed considerably in other
states (see e. g. Riggs v. Palmer 115 N. Y. 506).
Administration of estates of decedents and of persons under dis-
abilities. Year after year we find new powers created in this de-
partment of law in which American statutes have added so much
to the principles of probate and equity jurisprudence. On the one
hand, extended equitable jurisdiction is conferred upon probate
courts or coimty courts acting as such, as in Wisconsin ('05 ch.163)
where they are given power to construe wills, in Illinois ('05 p. 186)
where they are given control and supervision over testamentary
trusts* and in Kansas ('05 ch.191) which confines such jurisdiction
* On account of a formal defect in its passage, this act has been declared
void. Lynch v. Hutchinson 76 N. E. 370.
12 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
to trusts in favor of minors. The Governor of Washington recom-
mends to the Legislature the consideration of a general enlargement
of probate jurisdiction in this direction.
On the other hand, new specific powers not heretofore existing are
given as follows: Executors, administrators or guardians may be
allowed by the court to specifically perform contracts made by a
person ".iuce deceased for the conveyance of real estate (N. D. '05
ch.ii6-, Or. *o5 ch.19) or for the transfer of personal property (Cal.
'05 ch.8o) ; or to mortgage real estate (Ct. '05 ch.169); South
Dakota ('05 ch.91) provides for the mortgaging of the real estate
of insane parties; New Hampshire ('05 ch.13) allows leases by
guardians, and the terms for which leases may be made are
extended in California ('05 ch.154) and Illinois C05 p. 287). In
New Jersey ('05 ch.158) the Orphans* Court may authorize the
guardian of an infant upon summary hearing to agree to actual
partition without sale, and to execute conveyances upon receiving
the conveyance of the infant's share.
The sale of real estate by order of the probate court is facil-
itated by the following provisions: New York ('05 ch.430) allows
the widow's dower right to be included in the sale; Oregon ('05 ch.
130) allows the court to order the sale of real estate before the sale of
personalty; South Dakota ('05 ch.83) provides for orders authoriz-
ing the sale of decedent's real estate whenever it is for the advan-
tage and best interest of the estate, not merely for payment of
debts; and Minnesota ('05 ch.339) has a similar provision with
regard to property held in trust generally, which must probably be
construed to have prospective operation only.
Minnesota also authorizes the probate court to appoint a trustee
to take care of a legacy contingent upon the legatee living to a
certain age ('05 '"h.234).
In providing that the executor of an executor shall not be entitled
to qualify as executor of the first testator, North Carolina ('05
ch.286) does away with an old rule of the common law which
(according to Woemer, American Law of Administration^ § 350)
has been abrogated by statute in 33 states.
LIENS AND MORTGAGES*
LOUIS BOISOT LL.B., CHICAGO
Liens. The lien laws of the different states seem to be generally
satisfactory to the people as represented by their lawmaking bodies,
at least there is little attempt to change them. In Washington
(*o5 ch.ii6) liens are given on wells to persons furnishing labor or
materials in their construction, and in Oklahoma ('05 ch.28 art. 5)
such a lien is given on gas and oil pipe lines. Nebraska ('05 ch.163)
gives a lien to warehousemen for property deposited with them
and New Hampshire ('05 ch.54) creates a lien on brick to those
furnishing fuel for baking them. Liens on wagons and other
vehicles are given for repairs by the laws of Maine ('05 ch.57) and
Washington ('05 ch.72) and liens on horses and oxen for shoeing
them are given in Wisconsin ('05 ch.260). Several states have
given liens to the owners of male animals on the females served
by them and on their offspring (Cal. 05 ch.461 ; Id. '05 p.232 ; Mich.
*o5ch.i66;N. H. 'o5ch.33;Tex. 'o5ch.2o). In Tennessee, banks and
trust companies may make advances on tobacco in storage and have
a lien therefor ('05 ch.6), and the employees of individual mer-
chants are given a lien on the merchandise for their services Co 5
ch.414). There are a number of minor changes in the procedure
of enforcing liens, but they are only of local importance.
That part of the Washington lien statute giving a lien on a rail-
road for provisions furnished to a contractor has been held uncon-
stitutional as not embraced in the title of the act, which reads "An
act creating and providing for the enforcement of liens for labor
and material' * (Armour v. Western Construction Co. 78 P. 11 06).
Chattel mortgages. The prevention of that form of swindling
which consists in mortgaging a chattel and then removing it from
the control of the mortgagee is a subject which has received atten-
tion lately in several states. The most drastic law on this subject
is an Oklahoma statute C05 ch.13 art. 9) which declares that a
mortgagee of chattels who wilfully destroys, conceals, sells or re-
moves them beyond the limits of the county without the written
consent of the holder of the mortgage is guilty of felony. This act
is commendable so far as it applies to the sale, concealment or
destruction of the mortgaged chattels, but in so far as it applies tc
their removal from the county it would be more just if it excepted
cases of innocent or necessary removal. This appears more clearly
by comparing it with a Montana statute ('05 ch.72) which makes
*See also Index of Legislation, 405.
13
14 N. Y. state: library review of legislation 1905
the removal of mortgaged chattels from the county without the
written consent of the mortgagee larceny only when done with
intent to deprive the mortgagee of his claim thereto, and which
also excepts from its operation rolling stock and vessels, which, of
course, would be rendered useless by making them irremovable.
Washington has passed a similar act ('05 ch.42) in regard to the
purchasers of personal property under conditional sales. This
act, like the Montana one, makes an intent to defraud the vendor
an essential element of the crime, which in that state is only a
misdemeanor.
The foreclosure of chattel mortgages has been made a little easier
in Idaho ('05 p. 129), by allowing it to be made by a constable as
well as by a sheriff, a measure of doubtful expediency ; and in North
Dakota ('05 ch.6i) by amending a curious statute requiring sales
to foreclose chattel mortgages to be made on Saturday, by allowing
them to be made on other days as well. On the other hand, the
Legislature of Nebraska ('05 ch.79) has given a purchaser imder
conditional sale who has paid one third the purchase price a right
of redemption for 20 days after the property has been seized by
the vendor for default in payment.
The California act entunerating the articles of personal property
that may be mortgaged has been amended ('05 ch.40) and a new
provision enacted ('05 ch.460) to the effect that mortgages of non-
enumerated articles shall be valid as between the parties and other
persons with actual notice.
A North Dakota act ('05 ch^6o) of interest to investors exempts
mortgages of street car, telephone and telegraph companies' from
'vhe requirements of the chattel mortgage act requiring renewal
affidavits at the end of every three years.
Real estate mortgages. The legislation in regard to mortgages
and trust deeds concerns itself principally with questions of releases
and assignments, the object generally being to have the records
show the exact condition of the title. Thus in Wisconsin ('05
ch.156) an assignee of a mortgage is required to record his assign-
ment under penalty of $100 and actual damages to the mortgagor.
This provision is inserted rather clumsily in a section requiring
mortgagees and their assigns to discharge satisfied mortgages, and
may be read so as to require both the mortgagee and the assignee
of the mortgage to record the instrument of assignment. North
Dakota ('05 ch.154) has prescribed a form for satisfaction of mort-
gages, and Montana ('05 ch.34) requires assignees and personal
representatives of a mortgagee, when releasing the mortgage, to
BOISOT LIENS AND MORTGAGES IS
file with the release proof of their authority. The Missouri act in
regard to partial releases of trust deeds has been amended ('05
p. 238) so that the trustee is not reqtiired to join therein, and a
California act ('05 ch.269) requires the officer selling under fore-
closure to enter satisfaction of the mortgage within five days after
the purchaser has become entitled to a deed. The most peculiar
act on this subject is one passed by the Legislature of New Hamp-
shire C05 ch.37) which provides that when a mortgage is satisfied,
the mortgagee must give a discharge thereof and the mortgagor
must record the same within 30 days under penalty of a fine of $10
against either party who neglects to comply with the law. This
attempt to punish a man for failing to clear up the title to his own
property is certainly a novelty in legislation. A Kansas statute
('05 ch.301) validates defective, releases which have been lecorded
five years or more before the statute took effect.
CONTRACTS AND TORTS*
JOHN B. SANBORN PH.D., ATTORNEY AT LAW, MADISON, WIS.
In Tgo5 0 considerable amount of legislation relating to contracts
and torts wrs eoacted but much of it was of minor importance,
consisting only of slight amendments to previously existing laws.
Noteworthy and important amendments appeared, however, in
certain lines. The uniform negotiable instruments law was adopted
in five states ; there was a considerable extension of restrictive legis*
lation concerning sales of merchandise in bulk, and the anti "graft"
crusade found expression in a, prohibition of the receipt of commis
sions by agents. In the field of torts the most noticeable tendencies
were an increase of laws relating to libel and a stricter accotmtability
for personal injuries. In the main the tendency of the legislation
was similar to that of 1904, but the general tendencies were accent-
uated because of the greater number of Legislatures holding their
sessions in the odd-nuriibered years.
Negotiable instruments. Kansas, Michigan, Missouri, Nebraska
and Wyoming adopted the uniform negotiable instruments act, so
that there are now 30 jurisdictions in which negotiable instruments
are governed largely in accordance with the recommendations
of the commissioners on uniform legislation. The points in which
these new enactments differ from the original recommendations of
the commissioners are slight and do not affect to any considerable
extent the practical workings of the law. In Kansas ('05 ch.310)
the conclusive presumption of a valid delivery to all parties prior
to a holder in due course is done away with. The amendment added
by the New York act of 1898, to the effect that it is necessary that a
person, primarily liable on an instrument have funds available for
the piupose of payment at the 'place of payment, is also incorporated
in the Kansas act. This New York amendment was criticized by
Mr Crawford (Annotated Negotiable Instnunents Law, ed. 2, p.22)
as superfluous and as imposing an unnecessary condition if taken
literally. The Nebraska act ('05 ch.83) refuses to allow the collec-
tion of an attorney's fee in a suit upon an instnunent made in that
state, although it leaves to an instnunent containing such a provi-
sion its character of negotiability. In Missouri C05 p.243) the dis-
charge of a prior party by bankruptcy does not discharge a person
primarily liable on the instnunent. The original provision of the
negotiable instruments law was criticized by Prof. James B. Ames,
*See also Governors Messages and Index of Legislation, 453.
16
SANBORN CONTRACTS AND TORTS I7
because of this omission (Harvard Law Review, 14:241). The
other changes from the original law in these and the other states
adopting the act are of very sHght importance.
California brings its code provisions concerning negotiable in-
struments more into harmony with the negotiable instrimients law
by providing that a negotiable instrimient may allow an attorney's
fee and cost of suit C05 ch.97). In Florida ('05 ch.97) ^^^ issuance
of a check where a person has not sufficient funds to meet it and
has reason to believe that it will not be paid is made a felony tmder
severe penalty, unless the consideration is returned within 24 hours
after notice of nonpayment.
Many states have provisions requiring that notes taken for patent
rights state the fact upon their face and making them nonnegotiable
when so labeled. In recent years there has been a tendency to
extend the scope of this legislation, as illustrated by the provisions in
North Dakota ('05 ch.189) where notes taken for patent medicines
or for the future cure of any disease are placed in the same class with
patent right and lightning rod notes, and in South Dakota where
notes given for lightning rods, patent rights, premiums or assess-
ments for mutual hail insurance C05 ch.140), medical treatment or
medicine (*os ch.141) are required to so state upon their face. The
South Dakota act also makes the failure to carry out a guaranty to
cure any di«;ease a misdemeanor. Another general tendency in the
law of negotiable instnmients is illustrated in North Carolina
('05 ch.ji/) where days of grace are abolished except upon sight
drafts.
Sales of merchandise. In consideration of this subject in Review
of 1904 I noted the remarkable development of laws concerning
the sales of merchandise in bulk or otherwise than in the usual
course of business. This is further illustrated in the legislation of
1905 by the adoption of such laws in six states and the recommen-
dations by Governor White of West Virginia favoring similar legis-
lation. Another tendency also commented upon last year is illus-
trated by the action of the Supreme Court of Indiana in declaring
the Indiana law upon this subject unconstitutional in the case of
McKinster v, Sager, 72 N. E. 854. That decision holds that the
Indiana law created a class of preferred creditors, namely, those
persons who had given credit in the purchase of the merchandise or
whose money was put into the business, and that the creation of
such a preferred class and the practical exclusion of other creditors
from a share in the proceeds of the sale is contrary to the 14th
amendment of the federal Constitution. This provision was som^»
l8 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
what peculiar to the Indiana law and the court did not consider the
effect of provisions in that act which are found in the laws of a
number of other states. The constitutional objections to many,
of the laws upon this subject 'relate first to the requirements that
an inventory be made in the case of the sale of merchandise in bulk,
which it is claimed interferes with this kind of sales and thus with
the liberty of contract by a certain class of merchants; secondly, the
making of the sale conclusively fraudulent where the inventory is
not made or creditors are not notified when the vendor might have
been entirely solvent, and the inclusion in some acts of judicial sales.
A law which only makes a failure to notify creditors prima facie
evidence of fraudulent intent would not appear to be open to any
constitutional objection.
The Connecticut act C05 ch.211) only requires a notice to be
recorded in the town clerk's office at least seven days before the sale, >
but makes the sale absolutely void in case this provision is not com-
plied with. In Illinois ('05 p. 284) an inventory and notice to
creditors is required but the sale is only presumptively fraudulent.
The Maine law ('05 ch.114) requires an inventory and notice to
creditors and makes the sale absolutely void, although the inventory
may be waived by a majority of the creditors. In Michigan ('05
ch.223) the inventory and notices are both required and the sale is
void for noncompliance. The Pennsylvania act ('05 ch.44) re-
quires the notice to creditors and makes the sale presumptively
fraudulent. In Utah ('05 ch.90) the sale is absolutely void upon
failure to notify the creditors, although a waiver by a majority of
the creditors is allowed. There are some provisions in the Utah
law which tend to show a restriction of the class of creditors to .
those whose money has gone into the business, as in the Indiana
act. but it is doubtful whether the law would be construed in this
manner. All of these laws, except Connecticut and Illinois, ex-
pressly exempt judicial sales from their operation.
It will be seen that the only act which does not contain some
provision whose constitutionality has been doubted by the courts is
that of Pennsylvania. What attitude the courts of these states
would take on this question is of course very doubtful. It may,
however, be expected that the question of the effect of the 14th
amendment to the federal Constitution upon these laws will be
brought for an authoritative decision before the federal courts.
Commissions. The general crusade against graft in politics and
business is probably responsible for the appearance of a new class
of laws aimed at the acceptance by agents or employees of gratuities
SANBORN CONTRACTS AND TORTS I9
which are intended to influence their action in regard to their
employers* business or in the making of contracts. Acts of this
nature were enacted by the Legislatures of 1905 in Connecticut
('05 ch.99), Michigan ('05 ch.210), New York ('05 ch.136), Rhode
Island C05 ch.1219), Washington ('05 ch.158) and Wisconsin ('05
ch.129). These acts are all very similar in their character and
generally impose penalties upon any one who gives or promises to
any agent, employee or servant any gift or grattiity with intent to
influence his action in relation to his principal's or employer's
business, and upon every agent, employee or servant who corruptly
requests or accepts such a gift or gratuity under an understanding
that he will act in any particular manner in relation to his principal's
or employer's business, and upon every agent or employee wha is
authorized to procure supplies or other articles or to employ labor
and receives directly or indirectly a commission or bonus thereon.
In Connecticut and Rhode Island the bribing of an employee
for the betrayal of knowledge of his employer's business is also
punished, and in Connecticut, Rhode Island and Wisconsin no
person is excused from testifying in such a matter on the ground
that his testimony may tend to incriminate him, but he is given
immunity for all matters in respect to which he testifies. The
most serious evil which it is hoped these acts will meet is undoubt-
edly the receiving of commissions by agents who have the letting
of large contracts, although there has been some humorous reference
to these laws as aimed at the practice of tipping waiters and porters.
Suretyship. In my review of the legislation for 1904 an act of
Ohio ('04 p. 1 82) was noted which required that all bonds over
$2000 be secured by surety companies rather than by personal
sureties. This law has been declared unconstitutional in the case
of State V, Robins, 73 N. E. 470, on the ground that it interferes
with the freedom of contract. The court says that the Bill of
Rights of the Ohio Constitution guarantees the utmost freedom
of contract and that while the Legislature may reqtiire the giving
of bonds for the faithful performance of official or fiduciary duties,
yet as long as a good bond is obtained the Legislature can not
restrict the liberty of the officer or fiduciary in obtaining such a
bond on terms satisfactory to himself. In contrast to thi^ doctrine
is the recommendation of Governor Otero of New Mexico that bonds
for public moneys held by banks and all official bonds be executed
by surety companies.
Interest. The only important legislation in 1905 on the subject
of usury was that of Wisconsin ('05 ch.278) which makes a ustuious
loan secured upon chattels or by assignment of wages a misde-
20 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
meanor, punishable by fine or imprisonment. Governor Elrod of
South Dakota recommends the reduction of the interest rate from
MisceUaneous contracts. The California Statute of Frauds
Co 5 ch.451) is extended to cover an agreement which by its terms
is not to be performed during the lifetime of the promissor, or an
agreement to devise or bequeath any property or to make any
provision for any person by will. This is probably occasioned by
claims which are often made against the estates of decedents, the
only protection afforded in most states against such claims being
by the exclusion of the testimony of the interested party. In
Kansas (*o5 ch. 1 53) all prisoners for a term of less than life are given
full power to contract in respect to their property. An interesting
provision in Nebraska ('05 ch.104) in view of the great development
in recent years of newspapers and magazines, is one which provides
that the receipt of a publication which has not been ordered will
not obligate a person for the subscription.
Personal injuries. An act of Missouri ('05 p. 135) makes a ntmi-
ber of amendments to the statute of that state concerning death by
wrongful act upon or occasioned by railroads, street cars, automo-
biles and other public conveyances. As far as this class of accidents
is concerned the fellow servant doctrine is entirely abrogated.
This, however, is not as important as it appears at first sight, for
railroad companies in that state were previously taken out of the
fellow servant doctrine, and a new enactment ('05 p. 138) makes it
clear that railroads include street railways and terminal roads.
The act previously referred to also changes the compensation in
case of death by such an accident from a fixed siun of $5000 to a
sum to be fixed by the jury at not less than $2000 and not exceeding
$10,000. The compensation for death in other ca. js is, however,
left at $5000. The act is also extended so that when:^ the deceased
leaves no near kindred suit may be brought on behalf of the estate.
A provision to the effect that the negligence of thti deceased may
be shown in defense is contained in the clause giving the right of-
action by the administrator or executor in case there be no surviving
relative, and on its face allows the defense of contributory negli-
gence only in such a case.
Libel. An act of Washington ('05 ch.4) repeals the statute of
that state ('99 ch.59) allowing retraction in ease of libelous publica-
tions. This act provided for giving notice before an action for libel
could be brought because of a newspaper publication, and provided
that in case a retraction was published in as conspicuous a place as
SANBOkN CONTRACTS AND TORTS 21
the libel had been and if the article had been published in good
faith under an erroneous assumption of its truth, only actual dam-
ages could be recovered. In this respect the act was similar to the
one declared unconstitutional by the Supreme Court of Kansas in
Hanson V. Krehbiel, 75 P. 1041, as noted in the Review for 1904.
Governor Otero of New Mexico calls attention to a demand for a
statute pimishing libel but tu-ges that if such a law is enacted care
•should be taken that it would not prevent criticism by the press of
public officials and public affairs, and that a retraction should be
sufficient to prevent the recovery of anything but actual damages.
The Washington act also provided that the publication of a fair
report of a public proceeding without actual malice should not
constitute libel.
In Montana the giving of a false and libelous statement to any
publication and securing its actual publication is made a misde-
meanor ('05 ch.36). North Dakota provides for the punishment
of criminal libel and conspiracy to libel ('05 ch.128) and Oklahoma
provides that the imputing of want of chastity to any female is a
misdemeanor ('05 ch.13 art. 6).
Governor Pennypacker of Pennsylvania comments at considerable
length upon the libel law of that state, which attracted so much
attention at the time of its enactment, and considers that it should
be further extended as concerns criticism of public officials. He
believes that the application of the old common law idea of common
scolds would be advantageous and suggests that the Attorney
General be allowed to bring actions to suppress a journal offending
in whole or in part as for an abatement of a nuisance.
THE FAMILY*
AMASA M. EATON, PRESIDENT OF THE CONFERENCE OF COMMISSIONERS
ON UNIFORMITY OF LEGISLATION
Under this head, during 1905, 66 laws were passed in 24 states.
Most of them were unimportant r^mendmrnts or additions to exist-
ing laws. Of the 66 laws, i relates to the family, 12 to marriage,
17 to divorce, i to family property, i to dower or curtesy, 4 to
property rights of miarried women, 6 to rights of insane husbands
or wives, 15 to support of the family. 7 to children and 2 to change of
name. The following are of general interest.
In Wisconsin ('05 ch.17) a married woman can now main-
tain an action in her own name for the alienation and loss of
the affections and society of her husband, thus giving the same right
to women as to men in this respect.
Marriage. Michigan ('05 ch.136) prohibits marriage of one who
has been confined in any public institution or asylum as epileptic,
feeble-minded, imbecile or insane, except upon a verified certificate
of complete cure, and that there is no probability of the transmis-
sion of such person's defects to the issue of such marriage, given by
two regularly licensed physicians of the state. The marriage of
any such person without such a certificate, or the procxiring of such
a marriage, is made a felony, punishable by fine or imprisonment,
or both.
Nebraska ('05 ch.94) declares marriages between first cousins of
the whole blood to be void.
California ('05 ch.i86) provides that to obtain a marriage certifi-
cate, the parties to be married must qualify upon oath and must
comply with the requisites of existing law. No license shall be
granted when either is imbecile or insane, or at the time under the
influence of liquor or of any drug. No license shall be granted
to any minor unless with the consent in writing of the parent or
guardian, duly verified, and such fact must be stated in the license.
Indiana ('05 ch.126) passed* an important law in the right direc-
tion. It provides that no marriage license shall be issued except
upon a written, verified application that shall contain a statement
of the name in full, color, occupation, birthplace, residence, age
etc. of those about to be married. These applications shall be
recorded, together with the license and the marriage certificate.
They shall be uniform, in form prescribed by the State Board
of Health. No license shall be issued to any imbecile, epileptic or
^See also Governors Messages and Index of Legislation, 474.
EATON THE FAMILY 23
person of unsound mind. Marriages out of the state made with
the intent to evade this law shall be void, except where the parties
become citizens of such other state. Penalties are provided for
false statements, performing any unauthorized marriage ceremony
or issiung any false license.
These attempts to prevent marriages of imbecile and insane
persons are in line with the recommendations of Governor Durbin
of Indiana in his message for 1905: **The state should exercise the
right, however, of preventing the contracting of marriage between
persons manifestly tmfit to assume its obligations, and particularly
such marriage as insures the propagation of defectives who are
certain to become a charge upon the state. The issuing of marriage
licenses should be surrounded with greater safeguards, particularly
the safeguard of publicity. The wisdom of requiring due notice by
publication of an intention to assume the obligations of marriage
has been suggested, and I commend the same to your consideration.
We may reasonably consider the advisability of reqiuring on the
part of those applying for licenses to marry, medical evidence that
the contraction of marriage will not threaten society by the per-
petuation of mental or physical deficiency. . ."
Kansas C05 ch.302) forbids the issuance of a license authorizing
the marriage of any male under 21 or of any female under 18, except
with the consent of the parent or guardian, evidenced by verified
certificate in writing, and in addition, if the male be under 17 or the
female under 15, the consent of the probate judge must also be
obtained.
New Mexico ('05 ch.65) provides that the parties must procure
their marriage license from the county probate clerk. All marriages
must be certified to such clerk within 90 days by the person perform-
ing the ceremony. Forms for the application, the license and the
marriage certificate are given.
Divorce. Pennsylvania passed an act ('05 ch.24) of importance
to the whole country, the result of which will be watched with
interest. This act authorized the Governor to appoint three com-
missioners to codify the divorce laws of the state, and to cooperate
with the other states, through a congress of delegates, in securing
uniformity of divorce legislation in the United States.
California ('05 ch.79) defines "extreme cruelty" as "the wrongful
infliction of grievous bodily injury or grievous mental suffering."
Florida ('05 ch.82) repeals *oi ch.88, which made incurable in-
sanity a cause for divorce, in order that a certain divorce could be
24 NT. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
obtained where no existing ground would allow it. Pennsylvania
C05 ch.152) makes hopeless insanity a cause for divorce. It were
well could the cause for this legislation be made known.
Change of name. Wisconsin .('05 ch.75) provides that the
declaration required of intention to change the name shall contain
a complete description of all real estate of the declarant, with the
name of the coimty it is in, which declaration shall be indexed by
the Register of Deeds under the new and the old name.
Property rights of married women. Minnesota ('05 ch.255)
passed an act providing that a married woman may contract as
if sole, but her husband must join in sale of homestead; she is also
liable for her torts.
Rights when husband or wife is insane. Delaware ('05 ch.196)
provides a mode for assignment of dower to insane widows. North
Carolina ('05 ch.138) provides that the husband of an insane woman
confined in insane asylum, may convey his real estate (except the
homestead) and bar his wife's dower when such conveyance is
probated and registered.
Support of family. California ('05 oh. 2 16) passed an act pro
viding that a wife with legal cause for divorce may sue her husband
for the support of herself and children, without suing for divorce.
This restricts the right the wife had under C. C. §137, to sue her
husband for such support, upon his wilful desertion, and is a retro-
grade step. Connecticut ('05 ch.214) makes it a felony to neglect
to support one's wife or children, unless unable to do so. Nebraska
('05 ch.172) makes the wife a competent witness against her hus-
band, upon prosecution for desertion and nonsupport. New
Hampshire ('05 ch.108) makes it an offense, punishable by fine not
to exceed $50, for any parent having the legal custody of a minor
child and being of sufficient ability, to neglect to provide for it,
when by reason of such neglect such minor child shall become
a town or county charge. The real offense here is settling the cost
upon the town or county — not the neglect of the child, for there
is no punishment for neglecting to provide for the child, tmless it
becomes a public charge. New York ('05 ch.i68) makes it a felony
to abandon a child under 16. Confidential communications be-
tween husband and wife are receivable in evidence in such cases.
North Dakota ('05 ch.i) makes it a felony to abandon a wife or
child. Wisconsin ('05 ch.226) provides that the earnings of a minor
shall be his sole property, in case the parent neglects or refuses to
provide for him.
EATON THE FAMILY 2$
One of the marked featiires of the legislation of this year is the
increased disposition shown to guard against family desertion.
The following is from the message of Governor Brodie of Arizona:
**I desire to call your attention to the growing evil of wife and
family desertion and to recommend that provision be made for
the punishment of persons charged with such crime. Our statutes
at present provide only for the punishment of parents deserting
their children." Governor Chamberlain of Oregon said: "Deser-
tion of wife and family should be made a crime for which the de-
serter may be extradited from the state in which he seeks an asy-
lum." Governor Mead of Washington says: ** Fewer applicants for
divorce decrees would appear in our courts if this body enacted a
law making it a felony or misdemeanor for a parent to desert his
child, or for a husband to voluntarily desert and abandon his
wife, unless some reasonable ground exists therefor."*
*See the exhaustive study of the law on this subject in the vanous states
and a suggested form for a law by William H. Baldwin, of Washington, D. C
quoted in the annual address of the president of the conference of Commis-
sioners on Uniform State Laws delivered August i8, 190S, in the Transac-
tions of the American Bar Association for 1905.
New York State Education Department
New York State Library
REVIEW OP LEGISLATION I905 LEGISLATION BULLETIN 29b
COURTS AND THE PRACTICE OF LAW*
ISIDOR LOEB PH.D., PROFESSOR OF POLITICAL SCIENCE AND PUBLIC
LAW, UNIVERSITY OF MISSOURI
Courts
Tentire and term. During the period under review the tenure
and term of judges were imaffected by legislation. Three gover-
nors, however, called attention to evils in the existing method of
selecting judges. Governor Johnson of Minnesota indicates that
the present system fails to secure an independent judiciary. In
order to remedy this condition he recommends the separation of
election for judges from general elections (Governors Messages
668c) a plan which is followed by Governor Toole of Montana
(same, 668e) who renews his recommendation made to the last
Legislature in 1903. The plan of having the Legislature select the
judges of city, police and other inferior courts is criticized by the
Governor of Connecticut (Governors Messages, 645a). He shows
that evil first arises from the fact that the election of a member
of the Legislature is often made to depend upon the attitude of the
candidate to some local contest for a judgeship. He recommends
that the power of the Governor to nominate judges of the interme-
diate courts be extended so as to include these inferior courts. It
should be noted that Rhode Island in creating its new Superior
Coiirt {see below, "Intermediate courts") provided that the justices
should be elected by the General Assembly for life, the same tenure
and term that have obtained for the justices of the Supreme Court.
Compensation. The tendency to increase judicial salaries, which
was emphasized in the Reviews for 1903 and 1904, found expression
in a nvmiber of legislative acts during 1905. California ('05 ch.249)
increased the salaries of judges of the Supreme Court from $6000 to
$8000 and made the salaries of the judges of the New District Courts
*See also Governors Messages and Index of Legislation, 590.
a?
28 N. Y. ST\TE LIBRARY REVIEW OF LEGISLATION I905
of Appeal $7000. There was also a readjustment of the salaries of
judges of the Superior Courts ('05 ch.78) and the salaries of justices
of the peace in San Francisco were increased from $2400 to $3600
('05 ch.14). The inadequate salaries of judges was referred to by
the Governor of Florida in his message (Governors Messages, 668b)
and an amendment to the Constitution was proposed by the Legisla-
ture, which will be submitted to a vote of the people in November
of this year ('05 p. 432) providing increases in the salaries of judges
of the Supreme Court from $3000 to $4000 and of circtiit judges
from $2500 to $3500. Illinois made the remarkable change of
100% in the salaries of judges of the Supreme Court, increasing
them from $5000 to $10,000 ('05 p.271) while Montana made a 50%
increase from $4000 to $6000 in the salaries of judges of the Supreme
Court and raised the salaries of district judges from $3500 to $4000
('05 ch.43). New Hampshire increased the salaries of the chief
justices of the Supreme and Superior Courts from $3800 to $4200
and of the associate justices of these courts from $3600 to $4000
('05 ch.107). New Jersey gave $1000 additional to the chancellor
and judges of the Supreme Court ('05 ch.99) and raised the salaries
of vice chancellors from $9000 to $10,000 ('05 ch.124). North
Carolina added $500 to the salaries of judges of the Supreme and
Superior Courts making them $3000 ('05 ch.208) while South
Carolina advanced the salaries of judges of the Supreme Court to
the same amount, an increase from $2850 ('05 ch.420). Legislation
authorizing increases in the salaries of circuit judges was enacted
in Texas ('05 ch.i66) and Wisconsin ('05 ch.520) and, as regards
judges in circuits with a large population, in Michigan ('05 p. 528,
adopted April 1905) and in Oregon ('05 ch.96). One means of
increasing the compensation of such judges is through allowance
for traveling expenses. Provision was made in Florida ('05 ch.24)
for the reimbursement of the actual traveling expenses of circiiit
judges up to $300 annually, but it was provided that the act should
not continue in effect if the people ratified the amendment to the
Constitution, referred to above, which provides an increase in the
galary of circuit judges. Reimbursement of actual traveling ex-
penses was also provided in Michigan ('05 ch.218) but it was limited
to expenses incurred in holding court outside of the county in
which the judge resided. In Missouri, a similiar provision, which
has existed for some time , was amended so as to provide the sum
of $100 a month for the expenses of such judges (*o5 p. 291). As
they are no longer required to file an itemized statement of their
expenses the act pro\'ides an actual increase of salary. This
LOEH COURTS AND TPIE I'RACTICE OF LAW 2<)
method of raising salaries was influeinced by the fact that the
Constitution provides that the compensation of judges shall not
be increased during the period for which they were elected. Similar
provisions in the Constitutions of other states have also caused
difficulties. Governor Roberts of Connecticut called attention
(Governors Messages, 668a) to the fact that the act of the Legis-
lature of 1903 C03 ch.163) which increased the salaries of judges
whose terms began thereafter, brought about gross inequality,
inasmuch as the judge youngest in service received 50% more
salary than one who had served the state for 20 years. The Legis-
lature, following a suggestion of the Governor that the provisions
of the Constitution did not prevent the increase in the salaries of
judges during the term for which they were appointed, amended
the act of 1903 so as to make it apply to such judges ('05 ch.213).
For some reason the Governor vetoed the measure but it was passed
over his veto. In California, the Legislature proposed an amend-
ment to the Constitution which will be submitted to a vote of the
people in November of this year, striking out the provision that the
salaries of judges can not be increased or diminished during their
term of service, except so far as it applies to the Superior Court in
coimties having but one judge or in which the terms of all the
judges expire at the same time (*o5 p. 1069).
Supreme Court. Increase of judicial business has been the cause
of legislation for the relief of the Supreme Court in a number of
states. In two of these the plan adopted makes provision for an
increase in the number of judges of this court. In Washington, the
number was increased from five to seven ('05 ch.5) in accordance
with the recommendation of the Governor, who called attention to
the constantly accumulating causes before the Supreme Court
(Governors Messages, 605c). In North Dakota, a constitutional
amendment ('05 p. 3 51) which proposes to increase the number of
judges of the Supreme Court from three to five, was referred to the
Legislature of 1907.
Supreme Court Commission, The plan of making a permanent
increase in the number of judges of the Supreme Court has of late
met with more favor than that of appointing a temporary Supreme
Court Commission to assist the court in disposing of an accumula-
tion of cases. Nebraska constitutes an exception to this rule.
Under the legislation of 1903 ('03 ch.37) the commission of nine
members established in 1901 ('oi ch.25) had been continued, with
six of its members holding for only one year and the others holding
for two years. The Governor in 1905 stated (Governors Messages,
30 N. y. STATE LIBRARY REVIEW OF LECJISLATION I905
605b) that the court with the assistance of the three commissioners
then in service was unable to keep up with its work, as the number
of cases filed each month was in excess of the number disposed of.
The Legislature accordingly provided for six commissioners to hold
for two years unless the appointment is withdrawn by unanimous
vote of the court before the expiration of such period ('05 ch.56).
Intermediate courts. Rhode Island has relieved its Supreme
Court by creating a new court to exercise some of its jurisdiction.
In 1903 an amendment to the Constitution ('03 ch.1089) was
adopted which changed the jurisdiction of the Supreme Court and
inferior courts. In 1905 a general act was passed which revised
the judicial system of the state to conform to such amendment
(May 3, 1905). This act does away with the Common Pleas Divi-
sion of the Supreme Court and creates a Superior Court, consisting
of a presiding justice and five associate justices, elected by the
General Assembly for life, to exercise most of the former original
jurisdiction of the Supreme Court as well as such appellate jurisdic-
tion as may be provided by law.
It is probable that the desire to facilitate tb^ exercise of the
original jurisdiction was as much responsible for the change in
Rhode Island as was the condition of the appellate docket of the
Supreme Court. In other states, also, problems have arisen as a
result of the overcrowded dockets of circuit and intermediate
courts. In some instances a partial remedy has been provided by
authorizing adjourned or special terms of the court (Tenn. '05
ch.113; Tex. '05 ch.83). Illinois ('05 p.146) adopted the plan of
holding two divisions of the Circuit Court by authorizing a branch
circuit court to be held in any county, during the regular term of the
Circuit Court. A similar method was followed in New York where
an amendment to the Constitution, proposed in 1904 ('04 p. 1*931),
approved by the succeeding Legislature ('05 p.2141) and adopted
by the people in November 1905, authorizes a justice of the appellate
division of the Supreme Court, when not actually engaged in acting
as such, to exercise any of the powers of a justice of the Supreme
Court in any county or judicial district not embraced in the judicial
department to which he may be designated. This is not the only
remedy provided by New York to relieve the congested calendars
of the Supreme Court, particularly in the first and second judicial
districts. The attempt to secure the necessary amendment of the
Constitution which commenced in 1899 was finally brought to a
successful conclusion in Navember 1905 by the adoption of the
constitutional amendment proposed in 1902 (*o2 p. 1802) and
LOFB COURTS AND THE PRACTICE OF LAW 3I
repassed by the succeeding Legislature ('03 p. 145 2). This amend-
ment authorizes the Legislature to increase the number of justices
in any Supreme Court judicial district not to exceed one for each
60,000 or fraction over 35,000 of the population thereof, except
that in the first and second judicial districts the number shall not
be more than one for each 80,000 or fraction over 40,000 of the popu-
lation thereof. A constitutional amendment proposed in Florida
('05 p. 433) which will be submitted to a vote of the people in 1906,
provides for an additional court of record in Escambia county,
while an amendment proposed to the Constitution of Georgia
('05 p. 66) which will be voted upon at the same time, authorizes
the Legislature to increase or diminish the number of judges in any
judicial circuit. Governor Hey ward of South Carolina (Governors
Messages, 6p9c) repeated his recommendation of the preceding
year that the number of judicial circuits be increased from 8 to
10 and this time secured the requisite legislative approval ('05
ch.42K). In New Jersey an act which provided for the appoint-
ment of three judges, each of whom is authorized to hold the Circuit
Court in the absence of a justice of the Supreme Coiirt, was amended
so as to increase the number of judges to be appointed to five ('05
ch.268).
Efforts have been made for some time to reform the judicial
system of New Jersey. In 1903 the Legislature proposed six
amendments to the Constitution affecting the judiciary, but all of
them were rejected by the people (Review of Legislation, 1903, p.g8).
The last Legislature authorized ('05 ch.88) the appointment of a
commission to investigate and report necessary reforms in the system
of courts and, methods for simplifying the system of procedure,
restricting appeals, and preventing unnecessary litigation. In this
connection may be noted an act of Massachusetts ('05 ch.321) which
requires the clerks of the Superior Courts for the several counties to
report annually to the Secretary of the Commonwealth detailed
statistics relating to the trial of causes, which are to be abstracted
by the secretary and included in his annual report.
Municipal courts. The most important legislation affecting
municipal courts was the act of the Illinois Legislature ('05 p. 157)
creating a municipal court for the city of Chicago subject to the
approval of the voters of said city, which approval was given at
the election in November 1905. The court consists of a chief
justice and 27 associate judges elected for terms of six years, one
third of the latter retiring ever}^ two years. The offices of justices
of the peace and police magistrates are to be abolished by the act
32 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
and their jurisdiction conferred upon the municipal court, which
will have, however, a wider civil and criminal jurisdiction, including
the disposal of any cases which may be transferred to it by the
Circuit, Superior or Criminal Courts of Cook coimty. The cases
falling under its jurisdiction are divided into five classes, the plead-
ings being more or less formal according to the class imder which
the case falls. The city is divided into five districts and one or more
branch courts, each presided over by a single judge, must be held
in each district. All of the members of the court meet together
once a month for the consideration of matters pertaining to the
administration of justice in the court.
In North Dakota, the act authorizing municipal courts in cities
containing at least 5000 population, which had been declared uncon-
stitutional, was repealed ('05 ch.89), while in South Dakota a con-
stitutional amendment ('05 ch.69) to be voted upon in November
1906, confers power upon the Legislature to establish such courts in
cities of that size. In South Carolina ('05 ch.456) the minimtmi
population which can authorize a city to establish a mimidpal court
was reduced from 4000 to 2000, while in Wyoming ('05 ch.27) a
court of this character was created in each incorporated city or
town having two or more justice precincts.
Reports and reporters. The three District Courts of Appeal re-
cently established in California (Review, 1904, p.g3) required reporters
for their decisions. Instead of appointing a separate reporter for
each court, as is done in some states, the Legislature abolished the
positions of reporter of the Supreme Court and deputy reporter,
and provided for a reporter and not more than three assistant
reporters of the Supreme Court and of the District Courts of Appeal,
to be appointed by and to hold dtuing the pleasure of the Supreme
Court C05 ch.224; '05 ch.243). The former reporter of the Supreme
Court had been appointed by the Governor for a term of four years.
In New York, where the Supreme Court reporter had not received
a salary but had possessed the right to pubUsh the reports and to
dispose of the same, the law was amended ('05 ch.164) so as to give
him a salary of $5000 and deprive him of any pecuniary interest in
the reports, which are to be published under state contracts made
by the reporter with the approval of the presiding justice of the
appellate division of the Supreme Court. Similar action with re-
gard to the publication of reports was taken in Washington ('05
ch.167) with the proviso that the entire manufacture of the volumes
must be within the state, while in North Carolina ('05 ch.400),
where the contract is let by the Supreme Court, it is required that
preference shall be given to the printers of the state.
LOFB COURTS AND THE PRACTICE OF LAW 33
Public prosecutor. Increasing evidence appears of a tendency to
establish a central control over the acts of local officials of judicial
administration. Florida ('05 ch.28) authorizes the .Governor to
require any two state's attorneys to make an exchange of circuits
or of courts or to assign one state attorney to discharge the duties
of another state attorney in any circuit. In Pennsylvania ('05
ch.225) the Attorney General, when requested by the presiding
judge of a district, can employ an attorney who shall supersede
the district attorney of the county and represent the state in any
criminal proceedings. In South Dakota, a similar power. of ap-
pointment is conferred upon the Circuit Court ('05 ch.90). Gover-
nor Bell of Vermont (Governors Messages, 675a) calls attention to
the prevailing custom of electing the youngenand less experienced
members of the bar to this office with the result that it ** has become
an experiment station in the law.'* Curious illustrations of the
difficulties which may arise in the matter of securing proper officials
of judicial administration are revealed by the fact that Arizona has
found it necessary to reqiiire that the district attorney shall be a
person learned in the law and admitted to practice in the courts. of
the territory ('05 ch.i8) while her sister territory of New Mexico
has provided that "hereafter no person who may be under indict-
ment or may be generally known as a notorious bad character, or
as a disturber of the peace, shall be eligible to serve as a deputy
sheriff" Cos ch.120).
Practice of law
Admission to bar. Several states have given evidence of the
tendency to raise the standard of the legal profession by imposing
stricter requirements for admission to the practice of law. An
amendment proposed to the Constitution of Indiana ('05 cli.171),
which will be submitted to a vote of the people in November of this
year, repeals the provision that every voter of good moral character
shall be entitled to admission to practise law in all courts and confers
upon the General Assembly the power to prescribe the necessary
qualifications. In Kansas, the extension of law school courses
from two to three years is recognized C05 ch.67) by a similar in-
crease in the number of years during which a person who is not a
graduate of a law school must have read law in an attorney's office
before being admitted to the Supreme Court examinations for ad-
mission to practice. In Missouri ('05 p.48) the power of admitting
persons to practise as attorneys has been taken away from the
circuit and other intermediate courts and left exclusively with the
Supreme Court which acts upon the recommendation of a board of
34 N. y. STATE LIBKARV REVIEW OF LEGISJ.ATION I905
five law examiners appointed by it. In North Dakota C05 ch.50)
the judges of the Supreme Coiirt have been relieved of the duty of
conducting examinations by the creation of a similar board of three
examiners appointed by such court, while in California ('05 ch.8)
this duty has been transferred from the Supreme Court to the newly
created District Courts of Appeal. All of the above acts apply to
graduates of law schools as well as to other persons, but Texas,
which had passed a similar law in 1903 (ch.42) amended this law
('05 ch.ioo) so as to exempt a graduate of the law department of the
University of Texas who presents his diploma within one year from
the date of its issue, without, however, exempting him from the
payment of the same fee of $10 that is required of other applicants.
Practice limitations. Advertising by fakes in the legal profession
is receiving the attention of legislators. In Colorado, a person who
advertises or represents himself in any way as an attorney without
possessing a license from the Supreme Court is declared guilty of con-
tempt of such court ('05 ch.77), while in California ('05 ch.487),
Illinois C05 p. 1 90) and Nebraska ('05 ch.6) such conduct is made a
misdemeanor.
New York State Education Department
New York State Library
REVIEW OP LEGISLATION 1905 LEGISLATION BULLETIN 29C
LIQUOR LEGISLATION^
RUSSEL HEADLEY, NEW YORK STATE DEPARTMENT OF EXCISE
During 1905, 28 states have enacted a total of 92 laws relating
to the liquor traffic. Naturally many of these enactments are of
minor importance, and merely have for their object the correction
of technical defects in existing legislation, or consist in immaterial
amendments; but there remains a considerable residuum embodying
much of moment, and entitled to careful examination through the
eflfect they may produce upon the body politic.
In California three laws relating to the liquor traffic were passed.
The first is an amendment to the Penal Code making it a misde-
meanor, pimishable by a fine not exceeding $300, or imprisonment
for not more than 150 days, or both, for any one except a parent
or guardian to supply a minor under 18 with intoxicants or to
allow him to visit places where intoxicants are sold.* Another act
amends §172 of the Penal Code by increasing the number of desig-
nated state buildings, in the territory'' adjacent to which the sale
of intoxicants is prohibited.' The third law repeals §303 of the
Penal Code, which made the sale of liquor, or employment of a
woman to sell the same, at a place of amusement, a misdemeanor.'
In Connecticut eight laws were passed, all of which amend the
General Statutes of 1902, viz: amending the law relative to the
publication of applications for liquor licenses;* relating to the dis-
position of moneys received for liquor licenses, by providing for
payment of a portion thereof to coimty and town treasurers ;* con-
cerning the attachment of liquor licenses, and providing that a
purchaser of a license imder such proceedings shall have the same
privileges as the original holder upon complying with the require-
ments of the law regulating the manner of procuring licenses;'
regulating the time for filing notices of appeal from the action of
the county commissioners in granting or refusing to revoke a liquor
license;' providing for an annual report by such commissioners of
aSee also Governors Messages and Index of Legislation, 900.
35
36 N. Y. STATE LIBKAKY REVIEW OF LEGISLATION ig6^
all licenses granted by them for the fiscal year ending September
30 ;• providing for a fine of not more than $7 against any person
found in a place where liquor is sold at unlawful hours;' relating
to purchases of liquor by agents, and the production of orders on
the request of certain officers;*' providing for combining in one
complaint for excise violations all the counts relating to the same
transaction."
In Florida there were two acts passed. One provides that where
counties vote to discontinue the liquor traffic prior to the expira-
tion of licenses already granted, the amotint of the license for the
imexpired term shall be refunded." The other prohibits imder
penalty of fine and imprisonment the sale or gift of intoxicants to
Indians, except upon a physician's prescription."
The only legislation enacted in Georgia makes it a misdemeanor
to be intoxicated in any public place."
There were but two acts in Indiana: one an amendment to the
laws of 1895 ch.127 §9, providing for an effective local remonstrance
against the granting of a license if made by a majority of the voters,
and establishing the form thereof ;*• and the other making it a mis-
demeanor for the proprietor of a place of entertainment where
intoxicants are sold or given away to allow the place to be fre-
quented by any boy tmder 16 or any girl under 17."
The only enactment passed by Kansas makes it a misdemeanor
for a public carrier or its agent to deliver intoxicants except on a
written order of the consignee, or for the latter to issue the same
except to secure delivery of the goods to himself."
The four enactments of the Massachusetts Legislature are of but
minor importance: one relates to the refunding of portions of
license fees where the licensee dies or surrenders his license before
the expiration of its term;" another permits licensees holding
fourth or fifth class licenses to store liquor on the premises not
covered by the license provided no liquor therefrom is delivered
to a purchaser;" a third changes the name of the Massachusetts
Hospital for Dipsomaniacs and Inebriates to Foxborough State
Hospital;*® while the fourth prescribes the procedure relative to
the release of persons arrested for drunkenness.'*
Of the two laws enacted in Maine, one relates to the better en-
forcement of the laws against the manufacture and sale of intoxi-
cants, by the appointment of an enforcement commission invested
with arbitrary powers;" and the other provides that persons suffer-
ing from the habitual use of narcotics may be committed to a
general hospital."
HEADLEY LIQUOR LEGISLATION 37
An unusual activity in liquor legislation was manifested in Min-
nesota last year, resulting in no less than eight enactments. One
authorizes the electors of villages having a population of 2000 to vote
upon the question of licensing the sale of intoxicants in such vil-
lages, when a petition is signed by at least 10 legal voters. This
question may be submitted annually, and the result governs the
traffic until reversed at a subsequent annual election.*^ Another
provides that licenses to sell intoxicants in lots of 5 gallons to other
than licensed saloonkeepers, druggists or physicians, are to be issued
only on a petition made by 100 legal voters, and the fee therefor
shall not be less than $500 annually." The remaining acts arc as
follows: prohibiting the furnishing of liquor to paroled prisoners;"
defining and penahzing *' common and habitual liquor selling
without license" ;" making it a misdemeanor to engage in imlicensed
liquor traffic in counties having from 75,000 to 1 50,000 inhabitants ;"
providing that the frequenter of a place suspected of illegal liquor
traffic may be subpoenaed and examined before a justice or court
on the affidavit of a resident voter ;" providing that a licensee shall
be Hable upon his bond for any infraction of law, whether his license
is revoked or not, and that the sureties thereon are also liable in
all cases where the principal would be liable;" creating the office
of county inspector and empowering him to enforce the liquor
laws in counties having a population from 150,000 to 200,000."
In Missouri there were three acts: relating to the appointment,
salary and duties of an excise commissioner in all cities of 300,000;"
providing that every licensee must give a bond not to sell liquor to
minors and defining such sale as a misdemeanor;" and requiring
every druggist to file with county clerks on the first Monday of each
month a lisjjt of all prescriptions for intoxicating liquors only , filled
by them during the preceding month."
Montana passed four excise acts. One regulates the issuance
of licenses in localities containing less than 100 inhabitants, and
requires as a prerequisite therefor a petition signed by at least 20
freeholders;" another fixes the rate of license fees throughout the
state ;" the third makes it a misdemeanor to sell intoxicants to a
minor without the consent of its guardian;" the fourth declares it
an offense punishable by fine or imprisonment to sell or give away
liquor within 5 miles of any logging-camp, sawmill, sheep-shearing
camp, railroad, irrigation ditch or canal in course of construction."
Three acts were passed by Nebraska. The first is an amendment
allowing one surety upon a liquor bond, when such surety is an
incorporated surety company." Another act makes it a mis-
38 N. Y. STATK LIBRARY RKVIEVV OF LEGISLATION I905
demeanor to sell liquor within 5 miles of labor camps where 25 or
more men are employed, and prohibits the granting of a license
within those limits.*" The third act provides that dipsomaniacs,
inebriates and persons excessively addicted to the use of certain
drugs shall be admitted to the Nebraska Hospital for the Insane
under certain circumstances and may be detained there until cured,
not exceeding 3 years. Any person within that time who is believed
to be cured may be released up*on parole. The expense of sup-
porting patients at the institution is borne by the counties from
which they are sent.**
Five acts were passed by New Hampshire. The first relates to the
powers of special agents, divides licenses into nine classes, restricts
bottling, prohibits innholders from serving liquor at any table in a
room where liquor is usually sold, or saloonkeepers from serving
liquor at tables, fixes license fees for the different classes, in amounts
running from $10 for selling only upon a physician's prescription to
$2000 for distillers, brewers and bottlers. An administrator may
sell a license or surrender the same for rebate; the powers of the
license board are defined; the compulsory attendance of witnesses
in revocation proceedings and their fees are provided for, and
penalties established for violations in license towns.** Two acts
relate to penalties for the illegal sale of liquor*' and alcoholic bever-
ages.** Another act deals entirely with civil remedies in the case of
offenders against the liquor laws in no hcense territory;** while
the last act regulates the duty of officials charged with the enforce-
ment of the public statutes and places the expense of a prisoner in
jail for drunkenness upon the county.*'
Of the three laws enacted in New Jersey, the first is a trifling
amendment of the existing law, regarding the publication of the
application for a license in a city of the first class ;*^ the second per-
mits city hoteh to secure liquor licenses without providing stabling
and provender for beasts;'" while the last prohibits the granting of a
liquor license to any new place which is within 200 feet of a church,
schoolhouse or armory.*'
New Mexico passed an act which, after making some alterations
in the license fees, prohibits the granting of a license in a city, town
or village of less than 100 inhabitants; saloons are not permitted
within 5 miles of a United States government sanatorium, 2 miles
of a military reservation, i mile of the College of Agriculture and
Mechanic Arts, or within ^ mile of the University of New Mexico
or the School of Mines, or within 3 miles of any labor camp
HEADLEY UQUOR LEGISLATION 39
where 25 men are employed. Provisions are also made for
revoking liquor licenses, and all violations of the act are made
misdemeanors.**
Nevada has three enactments. The first provides for state
licenses, fixes the rate of license fees at $50 for retailers, $100 for
wholesalers and $ia for drug stores, and prescribes penalties for
selling without a license.** The second act requires all saloons in
which women are employed to take out an additional license at the
rate of $500 for every three months.*' The last of the enactments
is a step backward, as it repeals the law of 1872 which compelled
saloons or gaming houses to close at midnight.**
The New York Legislature passed six acts relating to the liquor
trafl&c. The first provides that where a liquor tax certificate
has been forfeited and the holder continues to occupy the premises,
the business can not be again carried on therein for the space of one
year by any member of his family, employee, agent or any person
representing him, unless new consents for trafficking in liquor
thereat are obtained and filed.** The second act repeals sub-
division 3a of §11 of the liquor tax law, which allowed druggists
to sell liquor in pint lots upon payment of a 10 cent tax.** The
third is merely an amendment to the act relating to the maintenance
of saloons near pubUc industrial or penal institutions.** The fourth
amends the liquor tax law as to the definition of ''trafficking in
liquors" by including therein the sale of any substance composed
in part of liquor, which is subject to the United States revenue tax.*'
The fifth enactment makes some slight alterations in local option
proceedings, corrects a former omission in describing the class of
persons who are prohibited from trafficking in liquor, increases the
facilities for the institution of revocation proceedings, and relates
to cancelation of tax certificates, convictions, county clerks reports
thereof and fees.*' The sixth act regulates the inspection of hotels
establishing summary revocation of liquor tax certificates, and
other drastic measures consequent upon a building licensed as a
hotel not possessing the requirements of a hotel, but as this act
was declared to be unconstitutional it is unnecessary to refer to it
further.**
Five laws were enacted in North Carolina. The first prohibits
the manufacture or rectification of liquor in municipalities of less
than 1000, prescribes that all towns where liquor is manufactured
or sold must have not less than two policemen, and if such number
is not maintained the licenses therein are to be canceled; weekly
inspections of places where liquor is sold or manufactured must
40 N. Y. STATF LirRARY REVIEW OF LKGISLATION TQOS
be had and reports made, and the possession or issuance of a United
States license is to be deemed prima facie evidence of liquor traffic.'**
The other acts are as follows: repe.aling chapter 349 Laws of 1903
which restricted the liquor traffic, except as to the counties of
Cleveland, Cabarrus, Mitchell and Gaston;" declaring that the
place of delivery of intoxicating liquors shall be held to be the place
of sale thereof, and the term intoxicating liquors defined as including
all liquors or mixtures that will produce intoxication,**' making the
keeping of a record of sales by dispensary discretionary with dis-
pensary commissioners, and making it a misdemeanor to buy liquor
for minors or persons to whom sale has been forbidden by dispensary
commissioners ;" making it a misdemeanor for a landowner to permit
the setting up of a distillery on his property if the latter is within
territory where the manufacture and sale of intoxicating liquor is
prohibited by law.**
The only enactment in North Dakota amends slightly the statute
regulating druggists permits: it requires the druggist's petition
for a permit to sell liquor to be signed by 60% of the reputable
freeholders and 50% of the women who are residents of the town,
village, township or ward of any city wherein such business is
located ; also the druggist shall make but one sale and one delivery
of not to exceed i pint of any intoxicating liquors in each 24 hours."
An enactment in Oregon prohibits the sale of intoxicants to fe-
males under 21 years of age, and prohibits saloonkeepers from allow-
ing such females to frequent their places unless accompanied by
parent or husband, under penalties ranging from $100 to $1000 or
imprisonment from three months to one year, or both."
Rhode Island passed four acts. One amends the law in relation
to the sale of liquor by retail druggists as follows: an original package
may contain not more than a quart ; the license shall expire on May i ;
the fee is fixed at $25 and no liquors may be sold on Sunday unless
upon a physicians prescription." The second act declares that a
building used for the sale of liquor by a club or association without
a special club license is a common nuisance and the charter of incor-
poration of such club shall be void on conviction of a member thereof
for a violation of the act." By the third act, a penalty of $20 fine
and 10 days' imprisonment is provided upon conviction of soliciting
orders for the sale of intoxicants from persons not licensed to sell
the same." The fourth act allows druggists licenses to be granted
in towns or cities voting against the liquor traffic.'®
HEVDIJ?.Y rjOUOR LRGIST.ATION 4I
Only two laws were enacted in South Carolina: one permitting
the county board to fill vacancies in the office of county dispenser;"
the other providing for a joint legislative committee of three to
investigate the affairs of the State Dispensary."
Four laws were passed in South Dakota : making it a misdemeanor
to sell liquor within 5 miles of a public work construction camp,
an exception being made in cases of existing licenses ;" declaring it
a misdemeanor for a physician to give a prescription for intoxicating
liquor except for medicinal purposes;'^ prohibiting the granting
of liquor licenses where a majority of the votes at the last general
election has been adverse to liquor traffic;" and providing that
wholesale druggists possessing stock not less in value than $20,000
may sell liquors to registered pharmacists."
There were two laws passed in Tennessee: the one giving the
grand juries inquisitorial powers in cases of drunkenness;" the
other prohibiting any person from buying liquor for another within
4 miles of any schoolhouse, except in those incorporated towns
where licenses to sell liquor have been granted."
In Texas four laws were passed: making it a misdemeanor for
persons storing liquor for others within territory wherein the sale
of intoxicants is prohibited by law, to permit it to be drunk on the
premises;" fixing the time of holding second local option elections;"
prohibiting soliciting the sale or delivery of intoxicating liquors
in local option districts;"^ and making it a misdemeanor to ship
liquor to prohibition districts without marking the contents of
the package."
An important decision was rendered last year by the Texas
Court of Criminal Appeals, holding that the act of 1901 providing
that C. O. D. contracts of sale and shipment of intoxicating liquor
into local option territory are to be deemed to have been made
where the goods are delivered and paid for, is unconstitutional,
since it gives a meaning to "sale" in excess of the powers granted
by art. 16 §20 of the Constitution, authorizing local option."
Two acts w^ere passed by the Vermont Legislature at its October
session in 1904. One permits the court before whom a person is
convicted of intoxication to suspend sentence for a definite term not
exceeding two years." The rompletc^ re\'crsal of Vermont from her
former system of prohibition and change to a system of license and
local option in 1902 resulted in a liquor law in that year which went
•into effect March 3, 1903, known as chapter 90 of the laws of 1902.
In 1 904 this act was thoroughly revised. The following is a synopsis
of the important changes : The assistant judges of the County
42 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Court shall appoint the license commissioners for each town voting
in favor of a liquor traffic; no license can be granted to a place for
which a license has been revoked within one year; no license, except
for the sale of liquor for rnedidnal purposes, can be granted to a
room in any dwelling house, nor to any apartment having an
interior communication with a dwelling; the number of licenses
issued is hmited to one to every looo inhabitants; the Secretary of
State prepares all licenses; changes are made in the license fees
and hours of sale; innkeepers can not sell liquor on Sunday except
to guests with their meals, and then only at the public table ; minors
and certain other persons can not be served with liquor; no booths,
stalls or obstructions arc allowed in a barroom, and furniture of
any description is forbidden therein; no merchandise other than
intoxicating liquors can be sold upon the licensed premises; a
license may be summarily revoked without a hearing and no appeal
lies from the decision, but the licensee must first be refunded the
balance of his license fee, and the mode of procedure for violations
of law is rendered more specific; the civil damage features of the
former law are considerably amplified, and the crime of public
mtoxication more fully defined."
The two enactments of Washington are of but little importance,
as one simply amends the law in relation to civil damage suits
against liquor dealers." while the other declares all licenses invalid
imtil indorsed by the State Treasurer with his receipt for the state's
proportionate part of the fee."
Wisconsin has been quite prolific in excise legislation, as no less
than seven laws were enacted in 1905. The first provides that
local boards and common coimcils may grant licenses at a rate of
$100 in towns containing no city or village, and possessing 500
inhabitants, and $200 for all other places; pharmacists are excepted
from these provisions." The remaining acts are as follows : prohibit-
ing the presence of girls under 17 at dances held in saloons and in
places in connection with them unless accompanied by parent, and
providing both fine and imprisonment and revocation of license for
the saloon keeper violating the act ;" on a judgment decreeing the
destruction of liquor upon conviction for violations of the excise law,
providing for its storage in case of an appeal, and restoration on
acquittal ;** providing that selUng liquor to a person tmder 1 7 shall be
punishable with a fine of from $25 to $200, imprisonment from
five days to eight months, or by both such fine and imprisonment ;•*
defining the conditions under which a delivery of an order for liquors
constitutes a sale ;" defining the manner in which pharmacists can
HE^DLEY
LIQUOR LEGISLATION
43
traffic in liquor in towns in which no license is granted, prohibiting
its sale as a beverage, providing that a certificate or physician's
prescription shall be prerequisite for a sale, and fixing penalties for
violations ;•• forbidding the granting of licenses within 300 feet of
any public or parochial school, except to drug stores, hotels or
restaurants maintained as such prior to February 1905.^
Wyoming passed an act making it a misdemeanor for any intoxi-
cated person to enter a mine, smelter or metallurgical works where
others are employed, or to carry any intoxicant therein, under pen-
alty of a fine not exceeding $500, to which may be added imprison-
ment for not exceeding one year.*'
>CaL *o5 ch.Si4
"Cal. 'os ch.491
»Cal. 'oS ch.Soo
*Ct. 'oS ch.30
»Ct. '05 ch.40
•Ct. '05 ch.io6
'Ct. '05 ch.150
»Ct. *o5 ch.260
•Ct. *oS ch.19
*«Ct. 'os ch.117
"Ct. 'os ch.274
"Fla. 'os ch.108
"Fla. 'os ch.72
»*Ga.'oS p. 1 14
»Ind. '05 ch.6
"Ind. 'os ch.99
"Kan. 'os ch.347
"Mass. 'oS ch.2o6
"Mass. 'os ch.284
"Mass. '05 ch.400
"Mass. '05 ch.384
"Me. '05 ch.92
"Me. '05 ch.^
'*Minn. '05 en. 10
"Minn. '05 ch.346
"Minn. '05 ch.72
"Minn. '05 ch.54
"Minn. '05 ch.S9
"Minn. 'oS ch.192
"Minn. '05 ch.246
"Minn. '05 ch.298
"Mo. 'oSp.142
"Mo. '05 p. 140
»^Mo. '05 P.14S
"Mon. '05 ch.71
"Mon. '05 ch.82
"Mon. '05 ch.17
"Mon. '05 ch.39
"Neb. 'os ch.92
*Neb. 'os ch.93
«Neb. 'os ch.82
«N. H. 'os ch.49
«N. H. 'os ch.46
*^N. H. 'oSch.ii6
«N.H. 'oSch.n7
*«N.H. 'osch.ios
«N. J. 'osch.ios
^. J. 'os ch.270
^N. J. 'oS ch.2i
"N.M. 'osch.iis
"Nev. 'oSch.128
"Nev. 'oS ch.107
"Nev. 'oS ch.69
»*N. Y. 'os ch.677
»N. Y. 'os ch.678
"N.Y. 'osch.104
"N. Y. 'os ch.679
"N. Y. 'os ch.68o
»N. Y. 'os ch.697
"N. C. 'os ch.339
"N. C. 'os ch.361
"N. C. 'os ch.440
"N. C. '05 ch.458
•♦N. C. 'os ch.498
"N. D. '05 ch.98
"Or. 'oS ch.198
"R. I. 'osch.1223
"R. I. '05 ch.i23S
"R. I. 'oS ch.1236
'«R. I. 'osch.1239
^'S. C. 'os ch.427
«S. C. 'oSp.i2 2o
"S. D. '05 ch.i22
'•S. D. 'osch.123
"S. D. 'o5ch.i24
^•S. D. 'osch.146
"Tenn. 'oS ch.7
^Tenn, 'oS ch.422
"Tex. 'os ch.64
"Tex. '05 ch.is8
"Tex. 'osch.159
"Tex. 'oS ch.i6o
"Keller v. State 87
•*Vt. '04, ch.ii6
»Vt. 'o4ch.iiS
"Wash, 'os ch.62
"Wash. 'oS ch.i22
"Wis, 'oS ch.2o
"Wis. 'oS ch.103
"Wis. 'os ch.230
"Wis. 'os ch.299
"Wis. 'oS ch.341
"Wis. 'oS ch.349
•^Wis. 'os ch.38s
"Wy. 'os ch.58
S. W. 669
New York State Education Department
New York State Library
REVIEW OF LEGISLATION 1905 LEGISLATION BULLETIN 2()6.
Public Health and Safety Charles V. Chapin
Food Adulteration W. D. Bigelow
PUBLIC HEALTH AND SAFETY* '
CHARLES V. CHAPIN M.D., SUPERINTENDENT OF HEALTH,
PROVIDENCE, R. I.
General supervision. The most important legislation relating to
the organization and duties of the sanitary department of the state
was in Pennsylvania ('05 ch.218) where the Board of Health was
abolished and a commissioner of health substituted therefor. The
commissioner is appointed by the Governor with the consent of the
Senate, holds office for four years, and receives a salary of $10,000.
To make the break from the old system less sharp, an advisory
board is provided for, consisting of six physicians, to be appointed
in the same way as the commissioner and receiving no salary.
Apparently the advisory board, together with the commissioner,
have very great legislative power, and the commissioner alone has
power under certain circumstances to annul the regulations of local
boards. The commissioner is to divide the state into 10 districts
and appoint a health officer for each district at a salary of $2500.
This act illustrates the tendency of the times, first by providing for
a single strong executive, and second by establishing an efficient
central control over local affairs, both legislative and executive.
A noteworthy point is the salaries, which are larger than are usually
offered, thus permitting the selection of men who will make the most
of the office. Another tendency is illustrated in Michigan ('05
ch.i8) where the secretary, that is the executive officer of the Board
of Health, is to be appointed by the Governor for a term of six
years instead of elected by the board for good behavior.
As originally constituted the California State Board of Health
was largely advisory, but by an act of last year ('05 ch.340) its
powers have been greatly extended. It is given full authority to
make rules and regulations. It may isolate communicable diseases
at home or establish places of isolation, and may disinfect or destroy
goods. It may maintain quarantine not in conflict with national
*See also Governors Messages and Index of Legislation, 930.
46 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
laws. It has power to prevent the pollution of ice and water and
to abate nuisances. No public buildings are to be erected without
its written approval. It may advise local health authorities and
contest and regulate their action. Certainly the powers given are
great, and the control of the state over local sanitation is marked.
Centralization here is proceeding apace.
One of the important executive functions recently assumed by
state boards of health is the maintenance of laboratories for chem-
ical and bacteriological work. In the performance of the latter
function the state board is brought into daily relation with local
boards throughout the state, and the influence of the state board,
and the centralizing tendency in sanitary matters, must be con-
siderably increased thereby. In 1905 such laboratories were pro-
vided for by law in California ('05 ch.223), Connecticut ('05 ch.162).
North Carolina ('05 ch.415), Wisconsin ('05 ch.471) and Utah ('05
ch.8o) though in the latter state the laboratory is for chemical work
alone.
A similar function is the production and distribution of antitoxin
which has been provided for in Illinois ('05 p.387) and California
('05 ch.340). In Minnesota there was a revision of the statutes and
the portion relating to sanitation went into effect January 1906.
This revision consolidates and amends most of the previotis laws
relating to this subject. The position of the state board is consider-
ably strengthened by this act, as it is given pretty direct supervision
over all local boards, can appoint temporary boards, and in case of
failure of the local board to act in outbreaks of commtmicable dis-
ease, t he state board may act at local expense. The state board is
also given power to control by rules, license, or other means, render-
ing, s cavengering, sewage disposal, cemeteries, lying-in houses,
b aby farms, the pollution of waters, construction of public buildings,
management of contagious disease, vaccination, nuisances and the
registration of vital statistics.
The importance and influence of the central board of health in
sever al other states have been increased by the duties imposed upon
it in relation to the registration of vital statistics, the control of
communicable diseases and the supervision of water supplies, as
will be hereafter noticed.
Local authorities. There was not much legislation relating to
local sanitary organization. Nevada ('05 ch.42), where there had
previously been no provision for local boards of health, established
ex officio county boards to consist of the county physician, the
sheriff and the board of coimty commissioners. These boards have
CHAPIN PUBLIC HEALTH AND SaFRTY 4/
very considerable legislative and executive power. In North
Dakota ('05 ch.52) the trustees of villages are to constitute the local
board of health. New Jersey ('05 ch. 66), which is rather out of the
fashion in preferring large boards of health, enacted that in cities
organized under chapter 168 of 1903 the board shall consist of seven
members to serve for four years each.
In Indiana ('05 ch. 1 29) a board of health is made mandatory for all
cities, and its powers and duties are set forth. In most respects this
act is like a former act establishing a department of health in c. ties
of 100,000 inhabitants and over.
In Minnesota, by a revision of the statutes, cotmties were author-
ized to form boards of health to consist of two members of the
coimty board and one resident physician, to have jurisdiction over
all tmorganized towns therein. And again township boards of
health are to control sanitary matters in villages where there is no
board of health.
Vital statistics. There was more important legislation relating to
this subject n 1905 than in any previous year The most complete
of any of the laws was that relating to the registration of births and
deaths in Pennsylvania ('05 ch.221), which hitherto has had the
poorest registration of any of the Eastern or Middle States. The
Commissioner of Health is to have the general supervision of regis-
tration, but a state registrar is appointed to have immediate
charge of the work. His term of office is four years, and his
salary $2500. A local registrar and deputy and subregistrars are
appointed by the central authority for each political unit. Physi-
cians, midwives and undertakers are to register with the
local registrar. To secure the registration of deaths it is
provided that no dead body shall be disposed of until a
permit has been obtained from the local registrar, and that
this permit shall not be issued until a certificate of death
has been filed. The form and contents of the certificate are pre-
scribed and by whom it shall be filed. It is substantially the form
prescribed by the federal government. Very specific directions are
given in the act to the physician as to how the cause of death shall be
stated. The mode of obtaining certificates in cases of death without
a medical attendant is also provided for An excellent provision is
that all institutions are to obtain from every person admitted all the
data necessary to fill out the certificate. As a check upon the under-
takers, sextons are forbidden to inter a body without obtaining the
permit from the undertaker and these permits are returned to the
local registrars. Physicians and midwives, or if none are present
48 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I9OS
the parents, are to report births within 10 days. The form of return,
an excellent on5, is prescribed, and provision is made for securing
the names of children imnamed at the time of making the return.
Stillbirths are to be returned both as births and as deaths. Rettims
of deaths and births are to be made with unfading ink and are to be
copied by the local registrar on similar forms and preserved, and
the originals sent monthly to the state registrar. They are to be
boimd by the latter and kept in fireproof vauhs and a card index
provided. The registrars are to be paid 25 cents for each return,
but physicians and undertakers receive no fees.
Registration in California ('05 ch.iio) also was put on a better
footing, for births and marriages are now to be promptly reported
to the county recorder, copied by him and forwarded monthly to
the State Registrar, by whom they are preserved. Provision is made
for correcting and completing records. Another act O05 ch.119)
provides for an efficient registration of deaths. Almost all the
features of the Pennsylvania law are here found, such as provision
for permits for burial, etc., standard certificates, duties of physi-
cians, undertakers and sextons, and for local and state records, and
in addition to these the correction of the returns. Colorado ('05
ch.127) has greatly improved the law for the registration of births
by requiring that the returns shall be made within 10 days after
each birth instead of quarterly as formerly.
In Connecticut a number of minor additions and amendments
were made relating to legibility (05 ch.ii), the ink used ('05 ch.i6)
and mode of preserving records ('05 ch.14). The provision that
physicians are not to use the term *' heart failure'* on death returns
was explained and amplified ('05 ch.21). It was also provided ('05
'ch.153) that when vital records relate to residents of another town-
ship copies shall be sent to that township.
Michigan already had an excellent law for the registration of
deaths and in 1905 provided for the registration of births by an act
('05 ch.330) which is likely to give even better results than the
Pennsylvania law. In addition to the essential features of that law,
requiring prompt returns of births by physicians, etc., in Michigan
the tax assessors are to make an annual enumeration of births.
Such enumeration has in some of the New England States been
found to supply a very considerable number of returns which would
otherwise be lost. Local and state records are provided for, and
also an excellent method of correcting and completing them. Be-
sides the local record in the township, a transcript is to be sent to
the coimty recorder.
CHAPIN PUBLIC HEALTH AND SAFETY 49
Nebraska ('05 ch.98) provided for the registration of births and
deaths. The act has the essential features of a good law, permits
before burial and the immediate registration of births, the recording
of stillbirths, the appointment of local registrars, the use of standard
forms and central control by the State Board of Health. Though
not as elaborate as the Pennsylvania law, if properly administered
it ought to give excellent results.
Utah also enacted an excellent i-egistration law ('05 ch.120) for
births and deaths, embodying substantially all the important
features of the best legislation. The original certificates are to go
ultimately to the State Board of Health, which is to administer the
law.
The South Dakota law ('05 ch.63), while requiring the immediate
report of births and burial permits, is not in some respects as satis-
factory as the other laws, for instance in prescribing the details of
the returns and of the records. It also has other differences neces-
sitated doubtless by local conditions. Thus the state registrar is
the secretary of the State Historical Society, burial permits are
issued by justices of the peace, and a fee of 25 cents is paid to him by
the county for each permit. The physician is to make out the entire
certificate of death and to receive for it 25 cents, and the same fee
for each return of birth.
The Vermont registration law was revised in several minor par-
ticulars ('04 ch.140), the marriage law was embodied in it, and the
towns were required to index all their vital records ('04 ch.141).
In New Hampshire the registrar was to complete the state records
('05 ch. 2 1) . In Wisconsin the general registration law was amended
in minor particulars ('05 ch.416), the health officers of cities and the
clerks of villages were made registrars ('05 ch.208), the State Board
of Health, instead of the Secretary of State, was placed in charge
of registration, and ministers were given a fee of 25 cents for each
return of marriage. In most of the states the recording officers are
to receive 25 cents for each return recorded, but in California it is
10 cents, and in Utah the compensation is $3 a day.
Licensing of physicians. The states of the Union had previously
very generally provided for the licensing of physicians, so that dur-
ing 1905 only one entirely new act was passed, namely in Nevada
('05 ch.63). This follows the lines of ordinary legislation on this
subject, establishing a board of five physicians representing different
schools, appointed by the Governor, fixing as requirements for a
Ucense a diploma from a recognized college or examination, defining
t^he tenns of the act, providing for state reciprocity and for refusing
50 N. y. STATE LIBRARY REVIEW OF LEGISLATION I9OS
and revoking licenses to practise. In Colorado ('05 ch.135), Ver-
mont (*04 ch.133) and Wyoming ('05 ch.45) the laws were revised
throughout. In Colorado the examining board is nonsectarian ;
candidates for a license must submit to an examination ; the fee for
a license has been raised from $5 to $25 ; the provision for revocation
of licenses has been amplified, aud osteopaths are exempted from
operation of the law. In Vermont the chartered medical societies
formerly issued licenses, but this is now done by an appointed board
representing different schools ; provision for reciprocity is included.
In Wyoming examinations are now required and these may be con-
ducted by representatives of different schools of practice. Reci-
procity is provided for, and the fee for a license is now $25. Specific
amendments to the laws were made in many other states. Reci-
procitr, which is the recognition of the licenses of other states, has
attracted much interest, and besides Colorado, Nevada, Vermont
and Wyoming, above referred to, was provided for in Minnesota
('05 ch.236) and Missouri ('05 p. 212). More elaborate provisions
for refusing and revoking licenses were inserted in Colorado ('05
ch.135), Michigan ('05 ch.i6i), Texas ('05 ch.150), Vermont ('04
ch.133), Wisconsin ('05 ch.422) and Wyoming ('05 ch.45). Florida
('05 ch.55) established a state board instead of one for each judicial
district. Indiana ('05 ch.115) now has a sixth member on the
board of a different system of practice from the others. In Michi-
gan ('05 ch.56) medical students can now take a part of their
examinations before finishing their course in the school. In North
Dakota ('05 ch.148) candidates for examination must be graduates
of a medical college and may be examined in their own system of
practice. In Tennessee ('05 ch.iii) a physician who has been in
practice 10 years in the state and is a graduate of an approved
medical college is exempt from examination.
Osteopathy continues to receive much attention. In Colorado
('05 ch.135) osteopaths are exempted from the operation of the law,
in Indiana ('05 ch.115) osteopaths are eligible for examination, and
in South Dakota ('05 ch.143) they are made subject to the medical
practice act. In Montana ('05 ch.51), New Mexico ('05 ch.68)
and Vermont (04 ch.134) entirely new laws were passed.
In all three states, boards of osteopathic examiners are to
be appointed by the Governor. These acts are on the same
lines as the ordinary medical practice acts. The requisites for
a license aie a diploma from an osteopathic college of prescribed
grade and a successful examination in anatomy, physiology etc..
CHAPIN PUBLIC HEALTH AND SAFETY 5I
as well as in osteopathy. A similar act previoiisly in force in Ne-
braska was amended ('05 ch.95) by inserting the reqvdrement for an
examination. The Tennessee act also was revised ('05 ch.255).
Licensing of opticians. In 1905 New Mexico ('05 ch.96) and
Oregon ('05 ch.139) were added to the list of states regulating the
practice of optometry. These laws are much alike and indeed they
bear a close resemblance to the laws regulating other trades and
"professions." They usually provide for a board of examiners in
optometry appointed by the Governor. No one can practise
optometry without a Ucense from the board. An examination is
required, but persons who have been practising a certain time,
three years in the acts abovfe mentioned, are exempt from examina-
tion. The board meets its expenses out of the license fees. Revo-
cation of licenses is provided for. The North Dakota law was
amended ('05 ch.142) by the addition of a requirement that appli-
cants for a license must have graduated from an approved school
of optometry or have studied two years with an optician or practised
two years as an optician outside the state.
Licensing of dentists. Acts governing the practice of dentistry
were passed for the first time in Illinois ('05 p.319), Nebraska ('05
ch.96), Nevada ('05 ch.140), Oklahoma ('05 ch.15 art.i) and Texas
('05 ch.97) and the dentistry laws of Vermont and Wyoming were
thoroughly revised (Vt. '04 ch.135; Wy. '05 ch.45). These laws
all have the same general features. In Nebraska the law is to be
administered by the State Board of Health, but this board appoints
five dental secretaries, and in the other states by a special dental
board appointed by the governor. This board usually consists of five
practising dentists, but in Texas the ntimber is six, and in Wyom-
ing three. In Illinois, Nebraska and Nevada they must have no
interest in a dental college. More or less explicit directions are
given as to the organization and business methods of the board.
The members of the board are paid for actual services, usually $5 a
day, but all expenses mtist be paid out of the fees received. No
one can practise dentistry without a license, which is issued by the
board. All of the states mentioned require a license fee of $25. In
Illinois, Oklahoma, Wyoming and Texas, dentists who have been
practising a certain time before the passage of the law are exempt ;
in those states all other applicants, and in other states all applicants,
must pass an examination, and in Illinois, Nevada, Nebraska and
Wyoming a diploma from a dental college or proof of study with a
dentist is required. In Nebraska graduates of dental schools in
52 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
that state are exempt from examination, but the dental secretaries
must be present at the examinations of such schools. Revocation
of the license is in most states provided for, and in Vermont and
Wyoming there is reciprocity in licenses with other states. The
sections relating to definitions and penalties are usually quite
elaborate. In seven other states the dental laws were amended
in minor particulars. In Connecticut ('05 ch.134) the time of study
with a dentist as a condition for registration is increased from three
to five years, and interstate reciprocity is provided for. In Oregon
('05 ch.iii) persons who have practised in the state five years are
exempt from examination. In Massachusetts ('05 ch.289) and
Utah ('05 ch.84) it is provided that every member of a dental firm
must be licensed. In New Mexico ('05 ch.45) the license has to be
registered annually, for which the fee is $3. In Oregon the clause
was repealed which provided that the Dental Board should furnish
names from which the Governor should fill vacancies ('05 ch.iii).
In Washington (State v. Brown, 79 P. 635) the provision that
whoever owns, runs or manages a dental office must have a license
was declared unconstitutional.
Licensing of pharmacists. Pharmacy was the first of this group
of trades to be regulated by license, but even now some states are
without pharmacy laws. In 1905 such laws were enacted in Cali-
fornia ('05 ch.406) and Idaho ('05 p. 3 19) and former laws relating
to the subject in Michigan and North Carolina were thoroughly
revised (Mich. '05 ch.332; N. C. '05 ch.108). Minor modifications
were adopted in several other states. The pharmacy laws are among
the most elaborate of licensing legislation and, as is to be expected,
the more recent the legislation, the more fully are the details of the
subject treated. Perhaps the Michigan law is the most interesting
as it represents the results of 20 years* experience in pharmacy
legislation. It provides for the appointment and organization in
the usual manner of a board of pharmacy. Pharmacists must be
18 years old, have reached the tenth grade in the public schools,
served as apprentice two years and passed an examination before
the board. The fee is $3. The license must be renewed annually;
fee $1. Interstate reciprocity is provided for. It is not necessary
for the owner of a pharmacy to be licensed if all the compounding
is done by a licensed pharmacist. Physicians may dispense their
own drugs and, if 5 miles from a licensed pharmacy, may imder
certain restrictions act as pharmacists. Certain common drugs
and insect poisons may ^e sold by rnerchants, Licenses may be
CHAPIN PUBLIC HEALTH AND SAFETY 53
refused or revoked for cause. Rules for the sale of poisons and of
narcotic drugs are contained in the law, and the board is empowered
to require all drugs to conform in strength and purity to the stand-
ards of the United States Pharmacopoeia. In California licensed
pharmacists are divided into two classes: licentiates who have had
five years' experience and have passed an examination, or have had
20 years* experience in a pharmacy; and practising pharmacists,
those who at the passage of the act are registered as such. The
members of the board must have no connection with a school of
pharmacy. The board has power to "regulate the practice of
pharmacy, the sale of poisons, the quality of all pharmaceutical
preparations," and to prevent adulterations. Rules for apprentices
are prescribed. In Idaho a pharmacist must have had four years'
experience, be 21 years old and pass an examination; an assistant
pharmacist must be 18 years old, have had two years* experience
and must pass an examination. In North Carolina the State
Pharmaceutical Association is to administer the law.
Licensing of embalmers. New laws were enacted in Illinois
C05 p. 388), Massachusetts ('05 ch.473), Minnesota ('05 ch.ioi),
North Dakota ('05 ch.iii), Oklahoma ('05 ch.36) and Wisconsin
('05 ch.420), and old laws were amended in several other states. In
Massachusetts, North Dakota and Oklahoma a special board of
three embalmers is appointed by the Governor, but in the other
states the law is administered by the State Board of Health. All
of the above states require an examination, with a fee of $5, and in
addition in Minnesota the candidate must have had one year's
experience in an tmdertaker's establishment, in Wisconsin six
months', in Indiana ('05 ch.112) and West Virginia ('05 ch.44) one
year's and in Pennsylvania ('05 ch.209) two years'. In Massa-
chusetts all who have been practising three years are exempt from
examination. Licenses are for one year; but in Minnesota two,
years. In West Virginia reciprocity is provided for. In Indian'a a
physician was formerly on the board, but all the members are now
embalmers. In Oklahoma territorial institutions are exempt from
the provisions of the law, and dead bodies are to be furnished to
schools of embalming in like manner as to medical schools.
Licensing of plumbers. In Washington ('05 ch.66) an act was
passed in accordance with the usual form, requiring the licensing of
plumbers in cities of 10,000 inhabitants or more. The licensing
body is a state board consisting of plumbers appointed by the
Governor. In Utah ('05 ch.42) city councils are authorized to
license plumbers.
54 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I9OS
Communicable diseases. There was very little legislation on this
subject. The most important was in Tennessee ('05 ch.519).
This act consists of 16 sections and takes the place of five sections
of the Code of 1896. It requires the report of all commimicable
diseases except venereal, and all cases suspected to be such. Both
the head of the household and the physician are responsible. It is
made the duty of the local health authority to investigate, and to
isolate such cases according to the rules of the State Board of
Health, and ample power is given to control ingress and egress
and to disinfect, and the house must be placarded. Guards may be
set and the family cared for if necessary. The local health authori-
ties may vaccinate when they deem it necessary. Refusal of
vaccination is pimished by a fine, imless *' another physician"
certifies that it would **not be prudent on account of sickness."
The local authority must notify the schools and the State Board of
Health of all cases of contagious disease. If a person has a con-
tagious disease, it is made punishable to go in pubUc. If the local
authority fails to act the State Board of Health may step in, and
the expenses are to be borne by the municipality or co\mty. The
Kansas law, which formerly required isolation in all contagious
diseases, was amended by limiting it to smallpox (*o5 ch.339). In
Colorado ('05 ch.127) all sales of antitoxin are to be reported to the
local board of health within 12 hours. In Wisconsin tuberctilosis
was added to the list of notifiable diseases ('05 ch.192). It was also
provided that a person suffering from a contagious disease should
not be entitled to entertainment at a hotel ('05 ch.198). By former
acts an ** epidemic fimd" for emergencies was provided in Pennsyl-
vania and Wisconsin, and this legislation was renewed in 1905
(Pa. '05 ch.219; Wis. *o5 ch.333). The city of Providence was
authorized (R. I. '05 ch.1256) to issue $175,000 bonds for a con-
tagious disease hospital, but owing to the opposition of landowners
a site has not yet been obtained.
As was noted above, in Tennessee ('05 ch.519) local boards of
health may compel vaccination. By an act passed in South Caro-
lina ('05 ch.434) the local governments may by ordinance compel
vaccination and must provide free vaccination. But the State
Board of Health can control and order vaccination and must
furnish virus. School children must be vaccinated. In West
Virginia the old law offered free vaccination but specified that it
should not be made compulsory. Under the new law ('05 ch.58)
when smallpox is epidemic the county court shall, on petition of
100 voters, make vaccination compulsory. In Tennessee ('05
ch.si9) local boards of health may enforce compulsory vaccination.
CHAPIN PUBLIC HEALTH AND SAFETY 55
In Massachusetts ('05 ch.474) $50,000 was appropriated for the
establishment of a hospital for leprosy.
In Illinois ('05 p. 38) and Pennsylvania ('05 ch.68) persons attacked
with hydrophobia are to be treated at the expense of the state.
Tuberculosis, In Wisconsin ('05 ch.192) and Utah ('05 ch.55)
all cases of tuberculosis are to be reported, and in New Hampshire
('05 ch.17) all deaths or removals of patients with consumption are
to be reported, and the apartments occupied by them are to be
disinfected.
The sanatorium treatment of this disease is receiving increasing
attention. In Indiana ('05 ch.17 2) and Vermont C04 ch.142) a
commission was appointed to investigate the subject. In Michi-
gan ('05 ch.254) $20,000 was appropriated for such a sanatoriiun,
in Missouri ('05 p. 292) $50,000, in New Hampshire ('05 ch.92)
$50,000, and in Wisconsin ('05 ch.361) $90,000. These laws all
provide at some length for the management of the institutions, and
in Rhode Island (05 ch.1247) where a sanatoritim had previously
been built at a cost of $125,000, a board of trustees was appointed
to administer its affairs. As the majority of cases sent to these
institutions are able to pay little or nothing, the question of their
maintenance is an important one. In Michigan and Wisconsin the
poor authorities of the counties may send patients at the county's
expense. In New Hampshire the Board of Charitieis and Correction
may send patients and pay for their treatment. In Rhode Island
poor patients having a settlement shall be supported by the town,
but the trustees may admit other poor patients at their discretion.
In Massachusetts ('05 r.75) $2000 was appropriated for a tuber-
culosis exhibition to be given by the State Board of Health, and it
was held with success. In Vermont the Sanatorium Commission is
to educate the commtmity as to means of preventing tuberculosis,
and $4000 was voted for this purpose.
Nuisances. There was little legislation relating to this subject.
In Kansas ('05 ch.109, 120) the laws were amended so as to make it
easier to collect from the owners the cost of the abatement of nuis-
ances in cities. In California ('05 ch.340) the State Board of
Health was given power to abate nuisances, and in Pennsylvania
C05 ch.2i8) the Commissioner of Health. In Nevada ('05 ch.ios)
the sheriff or constable is authorized to abate, at the expense of the
owner, nuisances in unincorporated towns; a number of nuisances
are specified, and the state and cotinty boards of health may specify
others. In Connecticut ('05 ch.201) the towns were authorized
to regulate the handling of fertilizers. In Rhode Island ('05
56 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
ch.1240) certain offensive trades are not to be located within 300
feet of a park or hospital, and cities are authorized to grant an
exclusive franchise for the removal of dead animals ('05 ch.1234).
In New Jersey ('05 ch.8o) the director of the Agricultural
Experiment Station is, on request of towns, to investigate the
breeding places of mosquitos and report plans for the abatement
of the nuisance. If the mosquitos breed in salt marshes the towns
containing these marshes may appropriate three quarters of the
amount necessary for the abatement of the nuisance and the state
may furnish the rest up to $500. Towns may assist each other
in this work. $6000 was appropriated for investigations and
$10,000 for abatement.
The duty of abating the smoke nuisance has in Boston been
transferred to the local board of health (Mass. '05 ch.418).
Pollution of water. In California ('05 ch.135) it is made a mis-
demeanor to violate any rule made by the State Board of Health,
for the protection of water supplies. In Pennsylvania ('05 ch.182)
plans for public water supplies and for sewage disposal must be
approved by the State Commissioner of Health before the opera-
tions proposed can be carried out. In Vermont ('04 ch.139) the
State Board of Health can now forbid the use of any contaminated
water supply.
The gross pollution of non potable waters received attention in
Maine ('05 ch.77) where it is forbidden to deposit dead fish in such
waters, and in Oregon ('05 ch.35) and Wisconsin (^05 ch.402),
where the discharge of sawdust and shavings into such waters is
forbidden. All existing legislation on water pollution may be
found in Water Supply Paper 152 of the United States Geological
Survey.
Fire protection. In Minnesota ('05 ch.331) the Governor is to
appoint a fire marshal at a salary of $2500 to investigate the origin
of fires. He may enter upon private property and require the
owners to remove combustible material. Expenses are defrayed
by a tax of one quarter of i ^/( on net fire premiums. Con-
necticut ('05 ch.159) and New York ('05 ch.279) provide a penalty
for false alarms of fire. South Dakota ('05 ch.iii) amended the
law relating to plowing for fire guards against prairie fires.
In New Jersey ('05 ch.185) towns are now given ample authority
to prevent fires by regulating building construction and the handling
of inflammable material. North Carolina ('05 ch.506) in an act of
eight closely printed pages, provides for the appointment of a build-
ing inspector in all cities and incorporated towns and prescribes
CHAPIN PUBLIC HEALTH AND SAFETY 57
elaborate regulations for building construction. Vermont ('04
ch.77) also provides for the appointment of building inspectors,
but the law only applies to the towns which accept the act. Build-
ing regulations are not contained in the statutes, but the towns are
given authority to make their own rules. New Jersey ('05 ch.202)
townships and villages may establish fire limits and forbid the erect-
ing of wooden buildings and establish rules for construction.
West Virginia ('05 ch.76) framed an entirely new law in regard to
fire escapes, and in several other states amendments were made to
existing laws. Massachusetts ('05 ch.347) forbids in very explicit
terms the obstruction of fire escapes or exits.
As compared with the preceding year there was little theater
legislation. A quite elaborate act was adopted in Indiana ('05
ch.i66). According to it no building can be erected as a theater or
public hall unless satisfactory plans, conforming to the provisions
of the law, are filed with the building inspector. Inspection of halls
and theaters is directed in Minnesota ('05 ch.319) and fireproof
curtains are required for theaters seating over 600. In Massa-
chusetts there were two acts relating to the use of kinematographs
Cos ch.176, 437).
In California ('05 ch.573) it is forbidden to let a lodging house
with less than 500 cubic feet of space for each lodger. In Connec-
ticut ('05 ch.178) a tenement house act was passed to apply to all
cities of over 20,000 inhabitants and to smaller cities that accept
its provisions. In New Jersey ('05 ch.82) the tenement house law
was amended in a number of details. Any brief analysis or sum-
mary of laws of this character is impossible.
Protection from floods. In accordance with the act of 1904 ('04
ex. sess. ch.4), the New Jersey Legislature created the Passaic
river flood district with authority to construct works in its district
ior protection against floods ('05 ch.218). In New Mexico ('05
ch.3, 88) the territory appropriated sums of money for constructing
protective dykes for cities.
Explosives. In California ('05 ch.573, §375a) every one selling
high explosives is to keep a record of each sale. In Massachusetts
('05 ch.280) the law relating to the handling of high explosives was
entirely revised, and was amended in Michigan ('05 ch.71) and
Nevada ('05 ch.ioi).
In Pennsylvania ('05 ch.33), Rhode Island ('05 ch.1244) and
Colorado ('05 ch.102) it is forbidden to sell or use toys containing
high explosives, and in Colorado and Rhode Island toy pistols are
added to the list. In Wisconsin ('05 ch.140) the sale or manufacr
ture of firecrackers containing high explosives is forbidden.
58 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
In Oregon (*os ch.69) it is forbidden to manufacture or import
blasting powder unless the date of manufacture is on the package,
and if such material has undergone degenerative change it must
not be used.
Boilers and engineers. In Massachusetts ('05 ch.472) a new
boiler inspection law was passed which requires that all steam
boilers, with a few specified exceptions, shall be inspected by the
district police or by a boiler insurance company authorized to do
business in the state. The insurance company must report the
result of each inspection. In Montana ('05 ch.32) the law relating
to this subject, which covers four pages, was amended in very many
particulars.
In Nevada ('05 ch.112) the county commissioners are required
to license all stationary engineers, and before issuing the license
the board must be assured of the licensee's fitness. The license
laws of Massachusetts and Pennsylvania were thoroughly revised
(Mass. '05 ch.310; Pa. '05 ch.75).
Steamboats and other vessels. In New Hampshire the old law
was repealed and a new one enacted. This divides the state into
districts, each with an inspector appointed by the Governor. All
boats must be inspected and licensed under rules prescribed by the
railroad commissioners. The various officers of the vessels also are
to be licensed. The act only applies to waters not subject to federal
jurisdiction. In Wisconsin ('05 ch.280) municipalities may pro-
vide for such inspection. In New York ('05 ch.74) the law relating
to life preservers was made applicable to passenger barges. An-
other act (*os ch.306) provides for steel stanchions and deck beams
for excursion steamers.
FOOD ADULTERATION*
W. D. BIGELOW PH.D., BUREAU OP CHEMISTRY, UNITED STATES
DEPARTMENT OP AGRICULTURE
The year 1905 has been marked by an unusual amount of legisla-
tion regarding the manufacture and sale of foods. In almost all
states in which food inspection is maintained, new laws were
enacted or old laws amended. In the majority of cases the earlier
laws were not materially changed, and in some instances entire laws
seem to have been reenacted in slightly different form, but with so
little change as to make no apparent difference in the efficiency
of the law.
New laws were enacted during the year in Kansas, Maine and
Missouri. The law in Kansas merely authorizes the State Board of
Health to cause samples to be analyzed by the chemists of the
State University and the State Experiment Station, and to publish
the results of such analyses. The Missouri law refers to dairy
products only. The law enacted in Maine was broad in its pro-
visions and similar to the majority of those enforced in other states.
In a number of states the legislation enacted during the year gave
increased facilities for the enforcement of the food laws. In Indiana
a hygienic laboratory was established and officers appointed for
the administration of the law. The duties of officers were increased
and salaries advanced in several states. In Tennessee the clause
requiring the State Board of Health to enforce the law without
special appropriation was stricken out, although no provision was
made for the enforcement of the law.
There is an apparent tendency in the direction of increasing the
stringency of the enforcement of food laws. Fines have been
increased in a number of instances. In other cases, the wording
of the law has been so modified as to raise the standards previously
provided for various articles of foods, and thus prevent the possi-
bility of numerous forms of fraud that have frequently been prac-
tised. This is especially true with reference to dairy products.
The powers and duties of the officers charged with the enforcement
of the laws relating to dairy products have been increased in Cali-
fornia, Maine, Missouri, North Dakota, Utah and Washington.
It is apparent in the legislation of the last year, and in the rulings
that have been made in accordance with the food laws, that greater
attention is now being given than ever before to the question of
chemical preservatives and coloring matter in food. The majority
*See also Governors Messages and Index of Legislation, 956.
59
6o N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
of states enforcing pure food laws now either forbid the use of cer-
tain specified preservatives or require their declaration on the label
of the foods with which they are employed. As in previous years,
special attention has been given to the question of unwholesome
foods.
The sanitary conditions of dairies have received attention in
several states, and the enforcement of laws relating to the adultera-
tion of dairy products has been made more stringent.
Laws forbidding the sale of unwholesome'meat have been enacted
in seven states. These laws include the flesh of diseased animals,
meat that has been treated with deleterious drugs or preservatives,
and the flesh of veal that has not attained sufficient maturity.
New York State Education Department
New York State Library
REVIEW OF LEGISLATION 1 965 LEGISLATION BULLETIN 296
Agriculture (general) J. I. Schulte
Experiment. Stations and Inspection W. H. Beal
Farmers Institutes John Hamilton
Horticultural Diseases and Pests E. P. Felt
Domestic and Noxious Animals E. V. Wilcox
AGRICULTURE (GENERAL)*
J. I. SCHULTE, UNITED STATES OFFICE OF EXPERIMENT STATIONS
In 1905 laws relating to state boards of agriculture, the collection
of agricultural statistics, agricultural associations and fairs, were
enacted in 19 states and territories.
State departments. The legislation enacted regarding state
boards of agriculture related mainly to appropriations, salaries and
expense allowances. In Colorado ('05 ch.133) an amendment was
passed to the effect that members of the State Board of Agriculture
receive as compensation $4 for each day of service in addition to
being reimbursed for traveling expenses, and that the board may
allow its president a salary of $200 a year. The annual appropria-
tion of the State Board of Agriculture in Connecticut ('05 ch.129)
was reduced from $3500 to $2500. An amendment enacted by the
Legislature of Michigan ('05 ch.93) provides that the report of the
State Board of Agriculture, in an edition not exceeding 8000
copies, include among information relative- to agriculture in general
the bulletins of the Experiment Station and the proceedings of the
State Board of Agriculture, of the State Agricultural College and
Farm, of the State Agricultural Society, and of the county and
district agricultural societies. An amendment was also passed by
the same Legislature ('05 ch.308) prescribing that the State Board
of Agriculture consist of seven instead of six members, the term of
office be six years, and the Governor of the state and the President
*See also Governors Messages and Index of Legislation, 1826.
61
62 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
of the State Agricultural College ex officio members. This amend-
ment further provides that the Governor appoint three members
each six years, and that the vacancies be so filled that at least three
members of the board are practical agriculturists.
The General Assembly of Georgia ('05 p.73) increased the salary
of the clerk of the Commissioner of Agriculture from $1200 to $1800
a year. North Carolina ('05 ch.529) authorized its State Board
of Agriculture to fix the salary of the Commissioner of Agriculture
not to exceed $2150 a year. An act was passed in Oklahoma (*os
ch.2 art.i) fixing the annual meeting of the Board of Agriculture at
the capital on the third Tuesday in January.
Agricultural statistics. The purpose of laws relating to agricul-
tural statistics was to place the collection of such data on a more
thorough and more nearly accurate basis. In California ('05 ch.375)
an amendment was passed making it the duty of the Board of Cotmty
Supervisors to supply the secretary of the state agricultural societies
with statistics showing the products annually grown, produced or
manufactured in the county. Michigan ('05 ch.8i) enacted a law
authorizing the Secretary of State to collect such agricultural
statistics as he deemed necessary and useful to the agricultural
interests of the state. New York ('05 ch.243) empowered the
Commissioner of Agriculture to collect and disseminate such statis-
tical information as, in his judgment, tends to promote agricultural
production within the state ; and further made it the duty of super-
visors of the different towns and wards to furnish to the Commis-
sioner of Agriculture, upon his request, information relative to
agriculture in their respective towns or wards. The expense of the
collection is made a town charge. The Oklahoma Legislature
('05 ch.31 art.2) passed an act providing for the collection of agri-
cultural statistics for the State Board of Agriculture by the coimty
assessors.
Associations and fairs. The legislation relative to agricultural
associations and agriculttral fairs provided appropriations for the
improvement and maintenance of these institutions and, as in pre-
vious years, in many states the laws enacted tended to raise the
standard of agricultural fairs largely by prohibiting games of
chance, the sale of intoxicating liquors, and in general imdesirable
amusement features. The Connecticut law as amended (^05 ch.79)
prohibits liquor selling, gambling and immoral shows at fairs of any
incorporated agricultural society. It is further enacted ('05 ch. 176)
that an annual appropriation of $4500, a sum equal to the average
SCHULTE AGRICULTURE 63
annual amount paid to the incorporated agricultural societies of
the state during the preceding four years, be distributed among
such societies. Each society raising and paying $ioo in premiums
on exhibits is to receive $ioo from this appropriation, while the
balance of it is to be divided among the societies in proportion to the
amotmt of cash premiums exceeding $ioo paid at the annual fairs
held within 1 2 months previous to such distribution. Any society
having declared or paid dividends during the previous four years
can receive no portion of this appropriation. An act ('05 ch.191)
prohibiting liquor selling, games of chance and improper shows at or
near agricultural fairs was also passed, and no society Cos ch.199)
is entitled to its appropriation if this act has been wilfully violated
by its officers.
Idaho (*o5 p. 350) amended its laws to the effect that co\mty
commissioners may appropriate annually when agrictdtural coimty
fairs are held a sum not to exceed $500 for the use of the county fair
association to assist in defraying the expenses of such fair other
than those incurred by races and purses for the same. Indiana
passed an act ('05 ch.102) empowering all chartered agricultural
societies owning 50 acres devoted to a county fair to issue 4 % non-
taxable bonds mortgaged to 75% of the value of the imimproved
portion, these bonds to be retired from funds not needed for im-
provements. An act was also passed ('05 ch.104) authorizing the
counties to appropriate for agricultural fairs i cent on each $100
valuation of taxable property. Nebraska ('05 ch.2) amended its
laws so that coimty agricultural societies receiving county aid have
the right, with the approval of the district court, to exchange, sell
or acquire real estate for fair groimd purposes. In case such
societies are. dissolved or neglect to discharge their duty for two
years, the real estate acquired reverts to the county. An amend-
ment ('05 ch.i) relative to county aid to the county agricultural
society provides that if such a society, duly organized, raises and
pays into its treasury $50, counties with a 'population of 30,000 or
more shall make available to such society a sum not to exceed
3 cents on each inhabitant ; and in counties with less than a popula-
tion of 30,000 this allowance remains optional with the county
board. Any agricultural society of any coimty paying in cash
premiums other than for horse racing double the amount of this
per capita assessment is also entitled to the appropriation, and if
any county agricultural society fails for two years or more to hold
an annual fair of at least 3 days* duration, then dny duly organized
64 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
agricultural society in the county, fulfilling the requirements of the
law with reference to fairs, may apply for and be allowed the amount
above designated, if the appropriation has not already been made.
North Carolina ('05 ch.513) increased the state appropriation to
aid county fairs from $50 to $100, and exempted all shows licensed
to perform at county fairs from taxation during fair time. In
Oregon the Third Eastern Oregon District Agricultural Society
('05 ch.ii) and the Fourth Eastern Oregon District Agricultural
Society ('05 ch.67) were established and organized by special acts,
and the reestablishment and reorganization of the First Eastern
Oregon District Agricultural Society was included in the act estab-
lishing the Fourth Eastern Oregon District Agricultural Society.
These societies were given authority to hold annxial agricultural
fairs and were provided with an annual appropriation of $1500 each.
Wisconsin ('05 ch.446) in order to render state aid to all agricul-
tural fairs definite and uniform, passed an amendment basing all aid
on the cash premiums paid. With a few exceptions, each organized
agricultural society is to receive from the state a sum equal to
40% of the cash premiums, not exceeding $3000 nor including more
than $1000 of premiums for trials or exhibitions of speed paid at its
annual fair during the preceding year. The annual amounts thus
appropriated to the State Board of Agriculture are limited to
$10,000, to the Northern Wisconsin State Fair or the Lacrosse
Interstate Fair Association to $5000 each, and to any coimty agri-
cultural society or other association or board mentioned in the act
to $1700 each. The moneys so received are to be expended for
incidental expenses and for premiums, as stipulated by the law.
Arizona ('05 ch.64) passed an act establishing the Arizona Terri-
torial Fair. Provision was made for the appointment of a commis-
sion consisting of three members; their powers and duties were
outlined, and an annual appropriation of $7500 for the purpose of
carrying out the provisions of the act, and an appropriation of
$15,000 for the purpose of providing permanent and suitable build-
ings for the display of the mineral and other resources of the territory
were made. The members of the Territorial Fair Commission are
allowed $5 a day for actual service, the total sum not to exceed
$250 a year each, and they are repaid mileage actually expended in
traveling in the interests of the fair. California ('05 ch.595) passed
an act appropriating $60,000 to the State Agricultural Society for
the purpose of equipping the fair grounds for exposition and state
fair uses. The act specifies the different buildings to be constructed
SCHULTE AGRICULTURE 65
and other improvements to be made, and also prohibits pools,
betting and gambling within the grounds or premises under the
control of the California State Agricultural Society.
An amendment enacted by the Minnesota Legislature ('05 ch.307)
defines what should constitute a membership in the State Agricul-
tural Society. According to this amendment, the State Agricultural
Society is comprised of three delegates from each of the county and
district agricultural societies, one delegate from each cotinty in the
state in which no agricultural society or street fair association
exists, honorary members, and two delegates selected by the presi-
dents ex officio of the State Horticultural Society, the State Amber
Cane Society, the State Dairymen*s Association, the State Forestry
Association, the State Poultry Association, the State Bee Keepers'
Association, and the Minnesota Stock Breeders' Association, or any
other agricultural association within the state. The members of
the governing board of said society and its officers are, by virtue of
their office, members of said society.
In North Dakota ('05 ch.46) an act was passed establishing and
locating a state fair at Grand Forks and Fargo, and making an
appropriation of $10,000, $5000 of which is to go to the association
for buildings and improvements on the grounds at the two places,
and an annual appropriation of $10,000, half of which is to be
expended for buildings and the other half for premiums. This
annual appropriation is to be paid to the North Dakota State Fair
Association for Grand Forks in odd numbered years and the North
Dakota State Fair Association for Fargo in even numbered years.
South Dakota ('05 ch.8) passed an act making it the duty of the
faculty of the State Agricultural College of Brookings to make
an exhibit annually at the state fair and made an annual appropria-
tion of $50 for this purpose. The same state ('05 ch.12) appro-
priated $5000 for the erection and equipment at Mitchell of a
building providing for the meetings, exhibits and sales of live stock,
poultry, cereal grains, and forage plants under the auspices of the
South Dakota Live Stock and Poultry Breeders* Association.
Wyoming ('05 ch.48) enacted a law creating a board of state fair
commissioners, establishing a state fair and regulating its manage-
ment. The Board of State Fair Commissioners is to consist of five
members, receiving no salary, but being allowed their actual
expenses while on duty. An appropriation of $10,000 was made
for the improvement of the fair grounds, the erection of buildings
thereon, and for premiums and expenses of the state fair for the
years 1905 and 1906.
66 N. Y. STATE LIBRARY REVIEW OF LEGISLATION IQCS
The appropriation for the Connecticut Dairymen's Association
('05 ch.119) was raised from $1000 to $1500 a year. In Minnesota
('05 ch.2'!24) an act was passed providing for the printing of 5000
copies of the report of the Minnesota State Horticultural Society
and regulating the distribution of the same.
EXPERIMENT STATIONS AND INSPECTION
W. H. BEAL, OFFICE OF EXPERII^ENT STATIONS, UNITED STATES
DEPARTMENT OF AGRICULTURE
Experiment stations. A number of states passed laws during 1 905
supplementing the federal appropriations for agricultural experi-
ment stations, which provide for additional equipment of the
stations or for special investigations of local interest and importance.
California appropriated $20,000 for investigations on the
nature and treatment of pear blight and walnut blight, and for
experimental and research work in viticulture ('05 ch.122); $10,000
for investigations relating to the improvement of the cereal crops
of CaHfomia ('05 ch.126) ; $150,000 for the purchase of a farm for the
use of the College of Agriculture of the University of California
('05 ch.129); $30,000 for the establishment and maintenance of a
pathological laboratory for the investigation of plant diseases and
pests, and for the establishment of branch experiment stations for
the purpose of carrying on in connection with the experiment
station of the tmiversity investigations to ascertain the best methods
of horticultural management, the use of fertilizers, irrigation,
methods of handling fruits for the market, the introduction of new
varieties of fruits, and such other investigations as may be deemed
advisable to promote the horticultural interests of the districts in
which the branch stations are established ('05 ch.278).
Indiana appropriated $5000 for the fiscal year ended October 31,
1905, and $25,000 annually thereafter, for research and investiga-
tion in connection with the production of farm products and stock
raising, including particularly beef production, dairy investigations,
and crop and soil improvement, especially tests of varieties of com
and their adaptability to different soils and sections of the state,
and fertilizer experiments ('05 ch.79).
Nevada appropriated $10,000 to establish an experimental farm
in the southeastern part of the state for the purpose of making
experiments and diffusing information in agriculture, horticulture
and gardening in the semitropical part of the state ('05 ch.39).
North Dakota appropriated $10,000 for a substation at Dickinson
to make experiments with native and other grasses and forage
products, as well as other agricultural products of the soil, with a
view to improving and increasing the supply of such products under
range conditions ('05 ch.21).
South Dakota appropriated $16,000 for additional land for the
experiment station farm at Brookings ('05 ch.i8).
67
68 N. Y. STATE LIBRARY REVIEW OF LEGISLATION 1 905
Utah appropriated $8000 for the establishment of a substation
in central Utah, and for placing this substation, as well as that of
southern Utah, at St George, under the direction and management
of the experiment station of the agricultural college at Logan ('05
ch.132).
Wisconsin enacted laws giving the regents of the university
authority to undertake experimental work in different parts of the
state ('05 ch.53), and appropriating $1500 a year for three years
for experiments in breeding, growing, curing, fermenting and
handling tobacco ('05 ch.384), and $2000 a year for three years for
scientific investigations tending to advance the cranberry industry
in the state ('05 ch.438).
The legislation of the year with relation to agricultural experiment
stations shows two tendencies, (i) a growing recognition of the
advisability of state appropriations for the maintenance of sub-
stations, thus relieving federal appropriations of this burden, and
(2) a disposition to make a number of comparatively small appro-
priations for specific and local investigations. The first tendency
is in harmony with the policy consistently encouraged by the federal
government, but it is believed that the second, namely, the enact-
ment of legislation providing for a variety of special investigations,
is not as conducive to efficiency of station work as larger lump
appropriations under less restriction. Such legislation shows, how-
ever, the growing confidence in the stations and the increasing
demands upon them by all kinds of agricultural interests.
A species of legislation which it is believed is calculated to seri-
ously interfere with the efficiency of the experiment stations as well
as the agricultural colleges with which they are associated, namely,
that designed to put all the educational institutions of a state under
one board of control, with full power of supervision and direction,
was more or less in evidence during 1905. Legislation of this kind
was repealed in Minnesota during the year after a demonstration
of its impracticability. A similar law has been in force for some
time in South Dakota. An attempt to enact such legislation in
Iowa fortunately failed.
Commercial fertilizers. Little was done in the way of fertilizer
legislation during 1905. In such legislation as was enacted the
influence of the recommendations of the standing committees on
uniform fertilizer and feeding stuff legislation of the Association of
American Agricultural Colleges and Experiment Stations and of the
Association of Official Agricultural Chemists is qtiite evident.
BEAL EXPERIMENT STATIONS AND INSPECTION 69
North Carolina, to facilitate prosecution of violators of its fertil-
izer law, amended it ('05 ch.524) so as to make the certificate of the
State Chemist competent evidence in court without his presence as
a'^witness. This state also amended its law regulating the sale of
cotton -seed meal in a number of particulars ('05 ch.207), especially
as regards the branding of meals containing 8% of ammonia as
high grade, and the simplification of the provisions for prosecution
and punishment of violators of the law.
The only new legislation relating to fertilizers in 1905 was the
Oklahoma law ('05 ch.37 art.i) and the passage of an act in Porto
Rico. The Oklahoma law provides for inspection of both fertilizers
and feeding stuffs. The sections relating to fertilizers contain the
usual provisions for labeling, registering and analysis by the official
methods. An annual license fee of $20 is required for each brand.
The Secretary of the Board of Agriculture is charged with the
enforcement of the law, the chemical department of the State
Agricultural Experiment Station making the necessary analyses
for a fee of $2 for each determination required. Violators of the
law are punishable by fine and are liable for damages to defrauded
purchasers. The passage of this law brings the total number of
states which have provided for fertilizer inspection up to 32, includ-
ing all of the states east of the Mississippi and California, Kansas,
Louisiana, Missouri, North Dakota, Oklahoma and Washington
west of that river, as well as Porto Rico.
Commercial feeding stuffs. Somewhat more activity was shown
during 1905 in feeding stuff legislation than in fertilizer legislation.
Five states and territories, Florida, Illinois, Michigan, Oklahoma
and Texas, enacted laws providing for the inspection of feeding
stuffs, making the total number now having such laws 19, namely,
Connecticut, Florida, Illinois, Kentucky, Louisiana, Massachusetts,
Maine, Michigan, New Hampshire, New Jersey, New York, North
Carolina, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Texas,
Vermont and Wisconsin. Several of the states also made more or
less important amendments to existing laws. The influence of the
recommendations of the standing committee on imiform fertilizer
and feeding stuff legislation of the Association of American Agri-
cultural Colleges and Experiment Stations is clearly seen in the laws
enacted during the year, especially in the clearer definition of the
materials subject to and exempt from inspection, simpler and clearer
statements on the labels which are required to be attached to
packages of feeding stuffs, and the requirement that the methods of
analysis recommended by the Association of Official Agricultural
Chemists shall be used.
yo N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
The main features of the recommendations of the committee
referred to are: (i) a direct appropriation for the expenses of the
inspection; (2) the exemption from inspection of hays and straws
and whole unmixed seeds, such as wheat, rye, barley, oats, Indian
com, buckwheat, broom com, peas, and the tmmixed meals of the
entire grains of such seeds and the inclusion imder the term "con-
centrated feeding stuffs," subject to inspection, of linseed meals,
cotton-seed meals, cotton-seed feeds, pea meals, cocoanut meals,
gluten meals, gluten feeds, maize feeds, starch feeds, sugar feeds,
dried brewers* grains, dried distillers' grains, malt sprouts, hominy
feeds, cerealine feeds, germ feeds, rice meals, oat feeds, com and
oat chops, com and oat feeds, com bran, groimd beef or fish scraps,
condimental foods, poultry foods, stock foods, patented proprietary
or trademarked stock and poultry foods, and all other materials of a
similar nature, and where practicable the by-products from the
milling of wheat, rye and buckwheat should be included under the
requirements of the laws ; (3) a statement on each package (and also
to be filed with the official inspector) of net weight per package, the
name and address of the manufacturer or importer, the name,
brand or trademark under which the article is sold, and the guar-
anteed analysis showing the percentage of crude protein and of
crude fat and a maximum of fiber which shall not be exceeded;
(4) determinations of crude fiber, crude protein and crude fat by
the official methods of the Association of Official Agricultural
Chemists; (5) fines only for violation of the law.
Of the laws enacted during 1905, that of Florida ('05 ch.8i) is
rather detailed and complicated in its provisions. The materials
subject to inspection are substantially those recommended by the
committee and noted above, the list varying only in minor details.
The same is true of the label which is to be used on packages, except
that the guaranteed analysis must show percentages of fat, protein,
starch and sugar " with a statement of the commercial value of each
ingredient, which valuation shall be uniform and not above the real
value of such ingredient." A tonnage tax of 25 cents is imposed.
The inspection is intrusted to the State Chemist and his assistants
under the general direction and supervision of the Commissioner of
Agriculture of the State, with whom all feeding stuffs offered for
sale m-ast be registered and who issues certificates of analysis and
tags for labeling packages. Violations of the law are punishable
by fines, and a defrauded purchaser may recover damages from the
seller. The amount which may be used to carry the law into effect
BEAL EXPERIMENT STATIONS AND INSPECTION 7I
is limited to $2900 a year, all funds derived from the tax over and
above this amoimt going into the state treasury. The law also
contains provisions by which individual purchasers may have
samples analyzed, and in case of dissatisfaction on the part of the
manufacturer with the State Chemist's analysis another analysis
may be made by any chemist upon whom the Commissioner of
Agriculture, the State Chemist and the manufacturer shall agree.
The briefer Illinois law ('05 ch.393) contains the usual provisions
regarding labeling materials subject to inspection and penalties for
adtdteration and violations of the law. It requires a license fee of
$25 for each brand and a guaranty of percentages of protein, crude
fiber and crude fat as determined by the official methods, and
intrusts the inspection to the State Food Commissioner. The
license fees are constituted a fund for the enforcement of the act.
Some of the materials included in the list of products subject to
inspection which require special mention are peanut, meat and bone,
and clover and alfalfa meals.
The Michigan law ('05 ch.12 §18), which is a section of the law
providing for the State Dairy and Food Department, and defining its
duties, makes the usual provisions for labeling, registration and
analysis by the official methods, including determinations of crude
protein, crude fiber, nitrogen-free extract and ether extract. The
materials subject to inspection are substantially those recommended
by the committee on uniform legislation, except that the list
includes clover meals and slaughterhouse waste products in general.
The Missouri Legislature ('05 p. 171) amended the state law relat-
ing to the inspection and weighing of hay for storage or sale.
The North Carolina law ('03 ch.325) was amended ('05 ch.332) to
define more specifically the materials subject to and exempt from
inspection and the weight of standard packages, to include condi-
mental feeds, to provide for registration with the Commissioner of
Agriculture, and to provide further penalties, especially imprison-
ment, for violations of the act.
The Oklahoma law ('05 ch.37 art.i) follows closely the lines of the
more recent laws in other states, and like them embodies the main
features of the recommendations of the committee on uniform
legislation. An annual license fee of $20 for each brand is required
and the Secretary of the Territorial Board of Agriculture is charged
with the enforcement of the law, the State Agricultural Experi-
ment Station making the necessary analyses, by the official
methods.
*J2 N. Y. STATE LIBRARY REVIEW OF LEGISLATION IQ05
The Pennsylvania law ('ox ch.78 §2) was amended during the year
('05 ch.212) to define more specifically the materials subject to
inspection, which are now substantially those recommended by the
committee on uniform legislation.
In the law passed by Texas ('05 ch.108), which contains the usual
features of more recent feeding stuft legislation, the director of the
State Agricultural Experiment Station is named as the official
inspector, a tonnage tax of 25 cents is required, and increasing fines
are provided for repeated violations of the act. The most notable
feature of the list of materials subject to inspection is the variety of
rice products included. The determinations (by official methods)
of protein and crude fat only are required in analyses and guaranties.
Washington enacted a law ('05 ch.ioi) which provides for a
limited inspection of feeding stuffs. This law prohibits under
penalty of fine and imprisonment the adulteration of "any kind of
meal or ground grain used for feeding farm live stock with milling
or manufacturing offals or any other substance" without plainly
labeling, and makes the State Dairy and Food Commissioner, the
chemist of the State Agricultural Experiment Station, the State
Attorney General, and county prosecuting attorneys responsible
without additional compensation for the enforcement of the law.
The Wisconsin law ('01 ch.377) was amended ('05 ch.143) to
include revised lists of materials subject to and exempt from inspec-
tion. This amendment, like others of similar character in other
states, is of significance as showing the rapid increase in the number
and variety of commercial feeding stuffs, especially of factory by-
products, and the consequent need of keeping the purchaser in-
formed as to their character and quality and protecting him from
fraud in purchase. It is also a notable fact that all of the laws
enacted in 1905 recognize the large and increasing use of meat and
blood meal, meat scrap, and similar slaughterhouse by-products as
feeding stuffs by including one or more of them in the lists of mate-
rials subject to inspection.
Fungicides and insecticides. To existing legislation on these
subjects have been added during the year by the North Dakota
Legislature laws providing for the inspection of formaldehyde
('05 ch.7) and paris green ('05 ch.9). The former is the first law
of its kind and was rendered necessary by the general and extensive
adulteration of formaldehyde, which is beginning to be widely used
as a fungicide, especially for the treatment of smut of oats and
wheat and similar plant diseases common in grain growing regions.
The law requires that before the material is offered for sale in the
J3EAL EXPERIMENT STATIONS AND INSPECTION 73
State samples must be submitted to the director of the State Experi-
ment Station with guaranty of weight of package, percentage of
formaldehyde, etc., and a certificate of compliance with the reqtdre-
ments must be secured from the director and chemist of the station.
Formaldehyde preparations must contain 40% by weight of formal-
dehyde and those containing less than 38% are deemed adulterated.
The law to prevent adtdteration of paris green is one of several simi-
lar laws enacted by different states forthis purpose. It provides for
registration with the director of the North Dakota Agrictdtural
Experiment Station ; a guaranty of 50% of arsenious oxid, not
more than 4% of which shall be uncombined; and certification by
the director and chemist of the station. No tax or fee is required
in either law.
FARMERS INSTITUTES^
JOHN HAMILTON, FARMERS INSTITUTE SPECIALIST, UNITED STATES
OFFICE OF EXPERIMENT STATIONS
Changes occurred in farmers institute legislation in 13 states. Of
these the Legislatures of Florida, Texas and Washington failed to
renew appropriations for their maintenance. The work, however,
will not be discontinued as money for their support will be provided
by the Boards of Regents of the Agricultural and Mechanical Col-
leges in these states under whose direction the institutes have been
conducted.
In California the new act ('05 ch.251) continues the appropriation
of $12,000 to the university for the two fiscal years beginning July
I, 1905. The Legislatures of Colorado and Oregon for the first time
recognized the institute work. In Colorado the act requires the
holding annually of an institute in each coimty and appropriates
$4000 for their support ('05 ch.30). Oregon appropriates to
the Board of Regents of the State Agricultural College $2500 a year
for holding agricultural institutes, giving the board power to fix
the dates and places and to employ persons to oversee and conduct
the work ('05 ch.34).
The most advanced and comprehensive legislation, however, were
the two acts passed by the Legislature of South Dakota ('05 ch;io9,
110). The first is an act directing the payment of the expenses of
maintaining farmers institutes in counties where they shall be
held, and provides that not exceeding $200 a year shall be paid by
the coimty commissioners to the farmers institute organization with
a board of five trustees, which shall hold annually at least one
farmers institute. The other relates to the organization and sup-
port of a state farmers institute board, composed of the president
and two members of the Board of Regents of the Agricultural Col-
lege. The board has authority to hold farmers institutes at such
times and in such places as it shall deem best, and to employ such
instructors as may be needed for the proper presentation of the
various agricultural subjects before the institutes. For meeting
the expenses of the work $5000 annually is appropriated.
The tendency towards securing greater permanency in the insti-
tutes and for increasing local interest is exemplified in the action of
the Legislature of Nebraska in providing for the creation and sup-
port of county institute organizations ('05 ch.3). A sirni not to
exceed $100 in .any one year is authorized to be expended by the
*See also Governors Messages and Index of Legislation, 1829.
74
HAMILTON FARMERS INSTITUTES 75
countyjcommissioners to be paid to any farmers institute organiza-
tion having a president, a secretary, a treasurer and an executive
board consisting of not less than three members and a signed mem-
bership of not less than 50 actual farmers. The act also provides
that no institute shall receive the benefits of this assistance unless
conducted imder the authority and with the cooperation of the
University of Nebraska.
In North Dakota ('05 ch. 23) the appropriation for institutes was
increased from $4000 to $6000 a year, and the niunber of institutes
required to be held annually from 40 to 50. Indiana increased her
appropriation to farmers institutes from $5000 to $10,000 annually,
aild Illinois recast her institute law by omitting the appropriation
for circulating libraries, this work having been provided for by
transfer to another department of the state government.
The United States Department of Agriculture, through the
Farmers* Institute Division, revised Bulletin no. 135 of the Offic3 of
Experiment Stations entitled, Legislation relating to Farmers^
Institutes in the United States, bringing the corrections and addi-
tions down to September 1905.
HORTICULTURAL DISEASES AND PESTS'
E. P. PELT D.SC, NEW YORK STATE ENTOMOLOGIST
Two States, Utah ('05 ch.98) and Wyoming ('05 ch.50), have
each created a state board of horticulture charged with safeguard-
ing their general horticultural interests, giving particular attention
to nursery and orchard inspection. The former performs this
work through county inspectors, the latter by means of inspectors
from each district, who may be selected with reference to their
practical experience in horticulture and may also be members of the
board. California ('05 ch.293) has amended her horticultural
law to include noxious weeds, specially the Russian thistle or salt-
wort. Vermont ('04 ch.15) provides .for an annual appropriation
of $500 for the State Horticultural Society. Several states pre-
viously without adequate nursery inspection laws have passed
general acts controlling the growth, sale and distribution of nursery
stock. Maine ('05 ch.29) in addition to the usual requirements
specifically mentions in its law the gipsy and brown tail moths.
Michigan ('05 ch.91) has amended and strengthened the general
horticultural law relating to the inspection of nursery stock and
control of insect pests and fimgous diseases affecting fruit tree
interests. An amendment makes obligator}'' the appointment of
township, village or city inspectors upon the discovery of infestation
by the specified insects or fungous diseases. These inspectors are
practically local agents of the State Inspector of Orchards and
Nurseries and under his general supervision exercise nearly the
same powers. Oklahoma ('05 ch.5) requires nurserymen and
dealers to obtain permits to do business from the Board of Agricul-
ture and compels agents representing a firm to hold- a certificate
stating that they are duly authorized to represent such nursery,
and guaranteeing any written contract entered into by them. Wil-
ful misrepresentation of nursery stock is declared unlawful. Ten-
nessee ('05 oh. 466) in addition to the usual provisions requires
nurserymen to register and declares that uncertified stock coming
into the state shall be liable to confiscation. The State Board of
Entomology, composed of the Commissioner of Agriculture, the
State Entomologist and the Plant Pathologist, are authorized to
promulgate suitable rules and regulations. The general nursery
laws enacted by Pennsylvania ('05 ch.6o). South Dakota ('05 ch.131)
and Texas ('05 ch.121) follow closely the requirements of nursery
laws now in force in the eastern United States.
*See also Governors Messages and Index of Legislation, 1844.
76
FELT HORTICULTURAL DISEASES AND PESTS ^^
Florida ('05 ch.180) has passed an act providing for the protection
of citrus fruit interests in Orange county from twhite fly and San
Jos^ scale in particular, through a commission ^appointed by the
county commissioners, on petition of 25 freeholders of citrus grove
property in that coimty. The qualifications of the horticultural
commissioners are prescribed and they are given large discretionary
powers in abating these pests, the expense of the work to be a lien
on the property treated.
Gipsy and brown tail moths. Massachusetts (05 ch.381) declares
gipsy and brown tail moths in all stages public nuisances. The
law compels the destruction of these insects by city and towo
officials under the direction of a state superintendent, and makes
provision for the partial reimbursement of the cities and towns.
Failure on the part of a city or town to comply with the directions
of the Superintendent renders the community liable to a fine
of $100 a day, the fine to be collected by the Attorney General in
the Supreme Judicial Court for Suffolk county. Cities and towns
are not required to expend more than ^^5 of 1% of the assessed
valuation, except where the assessed valuation is greater than
$6,000,000. The Superintendent, in the case of the latter, is given
discretion to order further expenditures provided that they shall
not exceed in any one year tV of 1% of such valuation. Provision
is made for a total reimbursement by the commonwealth, in the
discretion of the Superintendent, for any excess over ii of 1%,
except in towns where the assessed valuation is over $6,000,000,
when the amoimt refunded may not exceed 80% of the excess.
Richer cities and towns expending an excess of $5000 are entitled,
in the discretion of the Superintendent, to a reimbursement of 50%
of such excess. Local authorities may serve notice on property
owners, requiring the insects to be- destroyed within a certain time
provided the cost of such work shall not exceed ^ of 1% of the as-
sessed value of the property. Should this be impossible, the order
may be restricted to certain portions of the property. City or town
officials, subject to approval by the Superintendent, are authorized
upon failure of landowners to comply with orders, to enter upon
the premises, perform the work and assess the expense upon the
infested property provided such expense does not exceed i of 1%
of the valuation. The value of special benefits resulting from
exterminative work against these insects may be assessed upon
the property benefited provided it does not exceed ^ of 1% of the
total valuation. Provision is made for review of all acts by the
Superior Court for the county in which the land lies and for the
78 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
abatement of assessments if the same can not be met on accotmt of
age, infirmity, poverty or other cause. The bill appropriates
$300,000 for a period of two years. The states of New Hampshire
('05 ch. 18) and Maine ('05 ch.96) authorize cities and towns to
raise money to exterminate or control gipsy and brown tail moths
and other insect pests.
Beneficial insects. Massachusetts ('05 ch.381 §9) in connection
with the work for suppressing the gipsy and brown tail moths,
authorized an annual expenditure of $10,000 in three successive
years for experimenting with parasites or natural enemies of these
moths. This work has been tmdertaken in cooperation with the
United States Bureau of Entomology, which also has at its disposal
a certain amoimt for investigations of this character.
California ('05 ch.200) encouraged by earlier successful work with
parasitic insects has, on the recommendation of Governor Pardee,
appropriated $12,000 to be used by the State Horticultural Commis-
sion in searching out beneficial insects. The special object of this
investigation is to find an effective parasite of the codling moth.
The Governor further urges cooperation between California and
Mexico with a view to discovering some means of combatting the
Morelos orange maggot in Mexico and at the same time prevent its
introduction into California citrus orchards.
The control of injurious insects by searching out, importing and
distributing natural parasites is the most logical, if not always the
most effective method of checking these depredators. Investiga-
tions of this character must necessarily be more or less speculative
in nature, since it is impossible to be certain of obtaining efficient
parasites^. This work can be conducted only by those possessing
peculiar qualifications both natural and acquired, and from the
nature of the case it is essential that such studies should be con-
tinued over a series of years. The brilliant results following the
importation of a natural enemy of the cottony cushion scale which,
in the early So's, threatened the destruction of the California
citrus fruit industry, and the magnificent development of the fig
industry made possible by the importation in more recent years of*
the peculiar, minute fig insect, give some idea of what may be accom-
plished in this direction. Many introduced species have already
become well established in this country and not a few must be
ranked among our most injurious pests. The process of introduc-
tion is still in progress and this condition suggests the advisabihty
of extended and comprehensive studies of the parasites and other
natural enemies of insects, particularly in foreign coimtries.
FELT HORTICULTURAL DISEASES AND PESTS 79
Ginseng. Growers of this root have been protected in several
states, Michigan ('05 ch.74) and North Carolina ('05 ch.aii) by
special enactments imposing heavy penalties, and Wisconsin ('05
ch.194) prohibiting the digging of ginseng, except by the owner,
between January i and August i , and imposing a penalty of $5 to
$20 for violation thereof.
R6siim6. There is a marked tendency toward making the
horticultural requirements, specially those relating to the inspection
and shipment of nursery stock, as nearly uniform as possible, and
several states previously improtected by such enactments have
passed laws of this character. The recent legislation in the Eastern
and Middle States conforms largely with the New York standard,
while a few of the Eastern States tend to adopt the type which has
found favor on the Pacific coast.
pi The extensive depredations and great spread of both gipsy and
brown tail moths in the New England States have resulted in the
enactment of legislation by Massachusetts providing for suppressive
work through cooperation of state and local authorities, while
several other states have legalized appropriations by cities and
towns for the suppression of these and other insect pests. These
conditions have also resulted in considerable appropriations for the
investigation of the insect enemies of these pests, while California,
with her previous experience with parasitic and beneficial forms,
has made a special appropriation, largely for the purpose of obtain-
ing efficient parasites of the codling moth. The increasing depreda-
tions of imported insects and the possibility of finding efficient
natural checks in their native hatmts, makes advisable large annual
appropriations f9r investigations of this character. Obviously,
these studies should be on a broad basis and continued for a series
of years. The control of this work should be in the hands of parties
familiar with parasitic and predaceous insects and their economic
relations throughout the world.
DOMESTIC AND NOXIOUS ANIMALS^
E. V. WILCOX PH.D., OFFICE OF EXPERIMENT STATIONS, UNITED
STATES DEPARTMENT OF AGRICULTURE
Domestic animals
As in previous years legislative attention has been given chiefly
to the encouragement of live stock industry, impoimding, fences,
estrays, damages, ownership, sale, and the prevention of injury to
live stock by dogs, etc. In Arizona ('05 ch,5i) the Live Stock
Sanitary Board consists of three men actually engaged in, or having
had experience in, the live stock industry. This board, through its
agents or inspectors, exercises general supervision of the health of
animals in the state, takes charge of animals in case of an outbreak
of serious infectious diseases, regulates the transportation of animals
by railroads with particular reference to the possible spread of
disease in this manner, and also has general charge of the registra-
tion and inspection of brands. The importance of grazing in forest
reserves has been generally recognized for many years and in Cali-
fornia ('05 p. 1074) a special commission was appointed to secure
evidence regarding the raising of cattle in the forest reserves for the
purpose of obtaining further concessions along this line.
Rtinning at large. In Arizona ('05 ch.52) a legal fence was defined
as being 50 inches high and consisting of not less than five barbed
wires firmly attached to posts not more than 20 feet apart. It is
also provided that upon the requests of a majority of taxpayers
in any distinct where grazing is the chief industry and where fence
laws would be prejudicial to their interests, the fence requirements
may be omitted. Similar provisions were made in Delaware. In
Georgia, provisions were made for special elections to determine
whether stock laws shall be put in force in different districts of the
state. A similar enactment was made in Missouri in reference to
counties which border along navigable rivers. In Oregon ('05
ch.223) a special act was passed for Sherman coimty making it
tmlawful to allow domestic animals to run at large within this area.
Occasionally legislative attention is given to the comfort of animals
on the range. Thus in Utah ('05 ch.39) it is required that horses,
cattle and sheep shall be salted if thc}^ are maintained on the public
ranges of the state. It is prescribed that horses and cattle shall
be provided with salt to the extent of at least 5 potmds a head,
and sh(ep i pound a head a year. This is partly due to the fact
*Srv also Governors Messages and Index of Legislation 1144, 1856, 1875.
80
WILCOX DOMESTIC AND NOXIOUS ANIMALS 8l
that when not provided with salt animals search for alkah as a sub-
stitute and are sometimes injured by consuming large quantities of
alkaU and earth. In Washington also ('05 ch.91) an act has been
passed prohibiting live stock from running at large except in such
parts of the state, particularly in the eastern half, where the grazing
interests are supreme and where the establishment of fences for all
animals would work hardship upon their owners.
Estrays. It has been found necessary not only to protect prop-
erty owners against animals which may graze upon the premises when
not under the control of their owners, but also from a deliberate
grazing of sheep imder the management of herders. In the manage-
ment of sheep it is often necessary to drive them long distances
across country, but in order to avoid violating the trespass law of
Arizona ('05 ch.62) it is necessary that sheep and goats be made to
travel at least 3 miles a day in the direction of their destination.
The protection of property owners against the trailing of sheep and
against other stray animals has also received the attention of the
Legislatures in California, Florida, Idaho, New Mexico, North
Dakota, Oregon and Washington. In Florida C05 ch.46) the
owners of stray cattle are not allowed to enter another man's pasttu*e
into which the animals may have wandered without at first securing
the consent of the owner of the pasture. While in order to abate
the nuisance of stray animals it is necessary to give citizens the right
to impound them, it has also been foimd necessary to provide against
the possible misuse of this authority, and to this end it is required
that immediate notice be published of the taking up of the stray
animals. In the western range states where brands are used it is re-
quired (Or. 'o5ch.i76) that the notice of the taking up of anestray
shall contain a description of the brand, and since brands are re-
corded, this notice may be at once sent to the owner of the animal.
In Washington ('05 ch.23) it is provided that any person may regis-
ter an estray in any month of the year but that no charges may be
allowed the finder for taking or keeping such animals except between
the months of October and May.
Impounding. Considerable trouble has been experienced in the
management of pounds and it has been foimd necessar}'' to further
define the duties of pound masters in Illinois, Missouri and New
Mexico. In Illinois, the commissioners are required to establish
a poimd near the center of each township or voting district. In
Missouri, it is made the duty of the constable of the township upon
notification of the presence of stray animals to restrain them in the
82 N. Y. STATE LIBRARY REVIEW OF f-EGISLATION I9O5
potind and exact proper fees for this service. In New Mexico,
animals found damaging cultivated fields are to be turned over to
the local justice of the peace, who holds such animals until the
damages are satisfied.
Ownership, sale and miscellaneous matters. In order to improve
the condition of live stock one of the most important matters con-
sists in the proper regulation of the quality of the breeding stock.
The existence of scrub or low-grade male animals on the open range
or without restraint, is therefore a menace to the best interests of
live stock raisers. In California ('05 ch.518) a penalty has been
provided against giving liberty to male animals under these condi-
tions. The further protection of the stock interests in the Western
States has been provided for by requiring the registration of brands
of animals before shipment from the state. In Wisconsin ('05
ch.i 16) an important law was passed regulating the public service of
stallions. It is required that all owners of stallions intended for
service in Wisconsin shall furnish the name, description and pedigree
of each stallion to the College of Agriculture of the University of
Wisconsin; A license certificate is issued by the university, and
this is the only certificate which it is permissible for the owner of
stallions to exhibit. The pedigree of each stallion submitted for
service is examined by the authorities of the State University and
passed upon by them. The purpose of the law is to secure only the
highest grade of stallions for service in the state and in that way to
improve the quality of horses raised by farmers.
On the public ranges the only evidence of ownership of animals
consists in the use of a brand. It has, therefore, been found neces-
sary to require that each stock grower use one and only one brand
for cattle and also for horses, mules, sheep or other animals which
he may raise. This brand must be properly recorded and can not be
changed except by the permission of state authorities. In order to
prevent the stealing and illegal sale of stock, it has been found
necessary in Idaho ('05 p. 3 6 9) to require the inspection of live stock
before it is removed from the state and also the recording of the
brands found on animals presented for shipment out of the state.
New Mexico ('05 ch.95) has provided that any animals found in the
territory bearing an unrecorded brand may be seized and held until
ownership is proved, after which a regular brand, properly recorded
in the brand book, must be used.
Stealing and driving animals. In the states and territories where
brands arc used to determine ownership, it has been found desirable
to require that all persons who slaugliter animals for meat without
WILCOX DOACESTIC AND NOXIOUS ANIMALS 83
the reqiured butcher's license shotild be required to preserve the skin
of beef animals subject to inspection for a period of 20 days or more.
The brand upon the skin obviously serves as a recognition mark of
ownership. In North Dakota ('05 ch.8o) a special tax has been
placed upon live stock for the creation of a fimd to be expended for
the protection of live stock owners against theft. The expense of
securing evidence against thieves tmder range conditions is consider-
able and since such depredations affect only live stock raisers, it
was thought wise to place the expense of detection and prosecution
upon live stock owners. In this way the owners of live stock them-
selves become more actively interested in the protection of their
animals. In South Dakota ('05 ch.57) county beef and hide inspec-
tors have been provided for, with the duty of examining the hides of
animals presented for slaughter and bearing brands recorded in the
brand books. Similarly in the case of shipment of horses it is neces-
sary for brand inspectors to examine the brands before the animals
are allowed to be transported out of the state.
Pedigrees. In Maine ('05 ch.83) it is required that the assessors
of all cities and towns keep a complete record of all pure-blood
cattle which are maintained -for breeding purposes and that a
report be made annually to the cattle commissioners. All owners
of pure-blood cattle are required to furnish a report to the State
Cattle Commissioners of the number of pure-blood cattle which
they have, their pedigree and a certificate of health, or a tuberculin
test. In this way it is believed possible for the state to control
not only the quality of breeding animals but their healthfulness.
Similarly in Vermont ('04 ch.150) it is required that the owner or
keeper of each stallion intended for breeding purposes in the state
shall furnish a certificate, under oath, describing the animal, giving
the pedigree and a statement of its healthfulness. In Wisconsin
('05 ch.68) it is provided that the Secretary of the United States
Department of Agriculture shall be considered as the proper person
to indicate competent associations for the granting of certificates
and pedigrees in the case of pure-blooded stock. Registration of
such stock and their pedigrees must be kept on record by state
authorities and no other certificate of registration can be used by
the owners of breeding stock. It is further provided that it shall
be unlawful for any person to sell horses or other animals as pure-
blooded stock imless the certificate of registration has been issued
in accordance with the state law.
84 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Injury to stock and dogs. New laws or amendments relative to
rewards for killing dogs which are found to attack sheep, dog taxes
or registration of dogs were passed in Massachusetts, Pennsylvania,
North Carolina, West Virginia, Wisconsin and New York.
Communicable diseases of animals
In nearly all states and territories a recent tendency is observed
in the Legislatures to recognize the importance of the control of
animal diseases. To this end numerous laws have been enacted
bearing naturally in all cases chiefly upon the local problems and
carrying a local color but all showing a pronounced tendency
toward cooperation as a necessary means of eradicating infectious
animal diseases. One of the important means recognized by the
Legislatures as desirable in securing such results consists in requiring
the immediate notification of a live stock board, state veterinarian,
or other sanitary officer in case oi the outbreak of any serious infec-
tious disease. The live stock board and sanitary officers are also
put under obligation to take immediate measures to control such
outbreaks. This appears to be the most effective way of checking
animal plagues, since the attention of all persons concerned is
called specifically to the daiip;er of allowing such diseases to exist
without any attempt to eradicate them. By means of such legis-
lation we have arrayed in cooperation against animal diseases,
state veterinarians and other sanitary officers who are supposed
to be qualified to diagnose such diseases and apply the most ap-
proved line of treatment, and the farmers themselves, who are
directly concerned and have a financial interest in the prompt
eradication of the outbreak. Thus in Arizona ('05 ch.51) the terri-
torial law regarding the control of animal diseases has been amended
so that ptinishment is provided for the wilfxil concealment of the
existence of infectious diseases and for any resistance to the proper
officers in the control of such outbreaks. The Territorial Veterina-
rian is likewise imder obligation to put forth prompt efforts to
eradicate any infectious animal disease as soon as he learns of its
existence. The Live Stock Sanitary Board has power to employ
such inspectors and , other persons as are necessary in putting
effective means of control into operation. Railroads are also en-
joined from carrying infected stock from place to place and are
required to give notification of disease whenever observed in ani-
mals presented for transportation.
WILCOX DOMESTIC AND NOXIOUS ANIMALS 85
Moreover, the recent tendency in legislation along this line is to
recognize the necessity of paying reasonable salaries for state and ter-
ritorial veterinarians in order to secure efficient service in the protec-
tion of live stock interests. The same endeavor to secure efficient
service is seen in the requirement that live stock inspectors, coimty
inspectors and nearly all of the important officials connected with
this service shall be qualified veterinarians, appointed only after
their fitness for this work has been determined by a supervisory
board. The necessity of requiring adequate qualifications for this
work becomes obvious when it is remembered that such inspectors
are frequently allowed considerable latitude in their operations
an*d must, therefore, act at their own discretion and upon their own
responsibility. It is impossible to prescribe in a state law all the
details regarding the execution of such laws and these must be left
in the hands of competent persons.
A number of animal diseases, particularly such parasitic affections
as mange of sheep, cattle and horses, are controlled by dipping,
and the distribution of such diseases is greatly checked if effective
dips are used at proper intervals. It sometimes becomes necessary,
however, not only to pass laws compelling the dipping of sheep and
other animals affected with parasitic diseases but to prescribe the
method of dipping in order that it may be effective. Such duties
are placed upon the State Board of Stock Inspection Commissioners
of Colorado C05 ch.122). Compulsory dipping is provided for in
this law, and if not done the animals are dipped by the state at the
expense of the owner. In Georgia ('05 p. 121) the Department of
Agriculture has been empowered to employ veterinary surgeons in
emergency to control the spread of infectious diseases. The
Gk)vemor of Idaho in his message called attention to the rapid
spread of mange among horses and cattle as well as among sheep
and recommended the repeal of the law creating the office of sheep
inspector and the passage of a law creating the office of state
veterinarian, with more general control over all of the infectious
diseases of animals. In accordance with this recommendation a
law was enacted ('05 p. 3 9) providing for the appointment of a
state veterinarian and imposing upon him the duty of investigating
and supervising all cases of infectious diseases among horses, cattle,
sheep, goats, mules, asses and swine. In some states, as for example
Kansas ('05 ch.495) the Live Stock Commissioner, who has general
charge of the health of animals in the state, must, according to law,
be actually engaged in animal industry in the state. In the case
86 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
of serious outbreak of infectious disease among animals, however,
he is empowered to establish a quarantine controlling the move-
ments and treatment of ^uch animals and if necessary to employ
qualified veterinary surgeons in the further pursuance of his duties.
In some states, state veterinarians and live stock sanitary officers
are reqtiired to make investigation regarding the condition of ani-
mals in various parts of their states, while in other cases they merely
act upon the notification of such disease or when called upon by the
owners of such stock. In Maine ('05 ch. 51, 83) the Cattle Com-
missioners are reqtiired to take note of the sanitary condition of
stables and suggest any needed improvement in their management.
The owners of pure-bred stock, especially if such animals are
intended for sale for breeding purposes, may very properly be re-
qtiired to furnish a record of all such animals and to have them
tested with tuberculin so that they may furnish a certificate of
health to the buyer. This is necessary in order to prevent the
further spread of tuberculosis and is required in Maine as well as
in many other states. The extensive spread of cattle mange on
the western ranges made it necessary to take stringent measures
in controlling it. Thus in Montana ('05 ch. 7) the Board of Stock
Commissioners has been empowered to make examination of the
cattle range in reference to the existence of the mange and to mark
out infected districts against which quarantine is maintained until
all animals have been treated and cured according to the methods
prescribed by the board. The duties of the State Veterinarian of
Montana have also been enlarged so that at present he must take
cognizance of the infectious diseases of sheep, swine and other
domestic animals, as well as those of cattle, horses, mules and asses.
The same movement is gaining ground in Nevada ('05 ch. 135)
where a state veterinarian has been appointed with authority and
duty to inspect animals for the possible occurrence of tuberculosis,
glanders, anthrax, hog cholera, swine plague and other infectious
diseases. He may establish quarantine upon learning of the exist-
ence of an infectious disease and may require the application of
proper disinfection methods, burning of carcasses, etc., in order to
stamp out the disease. Similar legislation has been enacted in New
Mexico ('05 ch. 30-31, 49) providing for the prevention and eradi-
cation of mange among rang6 animals.
The live stock interests have not only been safeguarded by laws
providing for the establishment of quarantine and suitable treat-
ment, but particular mention is made in many of these laws of the
special qualifications of officers appointed in charge of the work.
WILCOX DOMESTIC AND NOXIOUS ANIMALS 87
Thtis in North Dakota and many other states and territories, it is
specifically required that the officials who have to do with the
control of animal diseases shall be qualified veterinarians. By
making this requirement the assurance is had that the laws will be
better enforced and that fewer mistakes will be made which will
create antagonism on the part of the owners toward the enforcement
of the law. North Dakota, like many other of the range states, has
also been forced to take cognizance of cattle mange ('05 ch. 96) and
has provided for the establishment and maintenance of public
dipping stations. By this means the kind of dip and the method of
application can be thoroughly controlled and reasonable fees
are charged the owners of stock for such work.
The machinery of the law regarding stock inspection may some-
times be made too complicated so that tmnecessary hardship is
worked upon the owners of stock. This is specially true where
inspection is required before stock can be shipped from one town
or cotmty to another within the limits of a state, and the Oregon
Legislature found it desirable to permit such shipment without
previous inspection. In Pennsylvania ('05 ch. 56, 73, 428) it is
now required that all veterinary practitioners must immediately
report to the Live Stock Sanitary Board information which they
may gain in their ordinary practice of the existence of all serious
infectious diseases. In the same law the indiscriminate use of virus
for vaccinating animals is prohibited except imder the supervision
of the Live Stock Sanitary Board. This became necessary on ac-
coimt of the fact that vaccination against tuberculosis and other
diseases was being experimented with by unqualified individuals
upon animals which were intended for human food.
The great importance to the state of the proper protection of
animal industry has been substantially recognized in Pennsylvania
by the appropriation of $30,000 for investigation into the catise,
prevention and treatment of infectious diseases of animals. The
Live Stock Commission created by a recent law in South Dakota
('05 ch. 133) is required to employ the most efficient and practical
means for the eradication of dangerous diseases among animals so
soon as information is obtained regarding their existence. The
Cattle Inspectors appointed according to this law were not reqmred
to be veterinarians, but in case of any dispute between the owner
and inspector an appeal may be taken to the nearest Deputy State
Veterinarian or to some other qualified veterinarian. The provision
is made in this law for the construction of county dipping tanks for
the eradication of mange in a manner similar to that adopted in
North Dakota.
88 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I9O5
Quarantine. In the control of contagious diseases quarantine is
one of the most effective methods to be adopted. It often happens
that the owners of stock among which contagion prevails are care-
less about the management of such animals and therefore unneces-
sarily expose other animals on their own premises as well as stock of
other people. The California Legislature ('05 ch. 573) has recognized
this fact by the passage of a law requiring that animals affected
with contagious diseases be kept in separate inclosures.
Indemnity. Much trouble has been experienced in the payment of
indemnity for diseased animals. The position is usually taken
that an animal affected with a dangerous contagious disease is of no
value and, therefore, should not in justice be paid for by the state
when it becomes necessary to kill the animal for the protection of
other live stock. The only justification for the payment of indem-
nities lies in the fact that othen\4se some resistance may be made
on the part of owners to the destruction of diseased animals and the
disease thus become disseminated more widely. In Minnesota an
amendment to existing laws was passed ('05 ch.115) providing a
limit of $35 for the appraised value of cows and $75 for that of
horses which have to be destroyed on accoimt of infection. Simi-
larly in New York ('05 ch.167) a limit of $40 was placed on the in-
demnity to be paid for cattle infected with tuberculosis. It was
further provided that no indemnity should be paid for the destruc-
tion of such animals unless they have been kept within
the state for at least one year. In Wisconsin ('05 ch.32, 162)
it has become necessary to prescribe certain restrictions regard-
ing the payment of this indemnity in the case of tuber-
culosis. Animals may be appraised on the premises where
they were kept or, if the Live Stock Sanitary Board thinks
advisable, the tuberculous cattle may be shipped to an abattoir
in which federal inspection is maintained and after slaughter
the proceeds from these anim^^ls are returned to the secretary of
the board and the legal indemnity paid to the owner.
Importation. It has been fotmd necessary to protect the animal
industry of various states by inspection of animals imported from
other states or countries and which may be infected with dangerous
disease. The inspection of such animals must necessarily be placed
in the hands of state authorities, with a state veterinarian or
some competent official in charge. As a rule the recent tendency
is to give state officials more authority in this respect in order to
prevent the introduction into healthy herds of animals suffering with
dangerous diseases. In some cases it is desirable to allow the
WILCOX DOMESTIC x\ND NOXIOUS ANIMALS 89
temporary importation of such animals for exhibit purposes, but in
such cases it is ordinarily provided that the animals must be held in
quarantine for a specified period in order not to endanger native stock
tmnecessarily. Partictilar attention is required in this respect in
the case of animals intended for breeding, since the best results in
breeding can not be obtained imless animals are in health, and
contagious diseases are more easily spread by means of breeding
animals than in any other way. Live stock sanitary boards, there-
fore, request notification of intention to buy or ship into the state
pure-blooded or other animals intended for breeding purposes.
(Pa. *o5 ch. 76; Wash. '05 ch.169; Wis. 05 ch.272.)
Disposal of carcasses. One of the most fruitful sources of con-
tagion is found in the exposed carcasses of animals which have died
of contagious diseases. The contagion may be spread from such
carcasses through the soil, drainage, water and by means of various
carnivorous animals and birds. Provision has recently been made
in California and Nevada requiring the destruction of such carcasses
and providing penalty for failure to do so (Cal. '05 ch.303, 573;
Nev. '05 ch.19). Infectious carcasses may be destroyed by burying
or by fire. In Nevada it is required that such destruction take
place within 24 hours after knowledge is obtained of the death of the
animal. If the carcass is not burned it is to be buried not less than
3 feet.
Special diseases. The unusual prevalence of glanders or farcy
has brought this disease to the attention of the Legislatures in
Connecticut and Vermont. It has been found necessary to impose
a comparatively heavy penalty upon the sale or use of horses known
to be affected with glanders. This matter has been put in the hands
of the boards of health of cities and the selectmen of towns in Con-
necticut ('05 ch.257) and as soon as the existence of glanders is
determined in any horse it is to be slaughtered immediately. In
Vermont ('04 ch.153) the fact is recognized that public watering
places and public feeding stables are the source of a wide contagion
of glanders. A penalty has therefore been provided for watering
horses, affected with glanders, in public watering places or hitching
or stabling them in public places.
Special animals. The prevalence of foul brood among bees and
the rapidity with which this disease may be spread from colony to
colony has led to the passage of laws in Idaho, Kansas, New Mexico,
Oregon and Washington, appointing bee inspectors and giving them
authority to enter the infected premises and prescribe or carry out
90 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
suitable lines of treatment (Id. '05 p. 170; Kan. '05 ch.71 ; N. M. '05
ch.43; Or. *o5 ch.175; Wash. . '05 ch. III). The character of the
laws in these five states is very similar. The inspector in each case
is specifically empowered to enter suspected premises and examine
bee colonies. This appeared to be necessary on account of the fact
that many bee raisers did not recognize the existence of the disease
or did not consider it a serious matter. The remedy to be applied
and the method of applying it is, in all cases, left to the discretion of
the state inspector of apiaries and his deputies.
The protection of the sheep industr}^ has received legislative
attention in Montana, New Mexico, Texas, Utah and Wyoming.
The Montana law ('05 ch.45) provides for a great variety of matters
relating to the sheep industry and the protection of these animals
against disease. The duties of the Board of Sheep Commissioners
and Inspectors and Deputy Inspectors are defined and methods are
prescribed for the management of sheep in case the existence of scab
is discovered, the use of corrals, quarantine and dipping of scabby
sheep, the disinfection of stock cars, the quarantine of sheep to be
introduced into the state and other related matters. In New Mexico
(*05ch. 42) the trailing of sheep from one coimty to another without
a permit from an inspector is prohibited. The transportation
of sheep from Indian reservations from any coimty in the state is
prohibited. These prohibitions have been found necessary on
account of the great spread of sheep scab by the trailing of sheep in
the hands of irresponsible persons. Quite similar measures were
found necessary in Texas. ('05 ch. 114) and also in Utah ('05 ch. 26).
In the latter state a special tax is levied on sheep to create a fimd
for sheep inspection. The method of quarantining and inspecting
sheep is provided for and it is required that all sheep in the state
must be dipped at such times as are determined upon by the Board
of State Commissioners. The method of dipping and the materials
are also specified, preference being given to lime-sulphur dip, con-
taining 8 pounds of lime and 25 pounds of sulphur to each 100 gal-
lons of water, to be boiled together not less than two hours. In
Wyoming ('05 ch.98) particular attention is given to dipping or
quarantining sheep which have been in any way exposed to infection
with scab. Moreover, in order to make the eradication of sheep
scab as effective as possible inspectors of the United States Bureau
of Animal Industry are given the same rights and authority in
Wyoming as are granted to the State Veterinarian or Sheep
Inspectors.
New York State Education Department
New York State Library
REVIEW OP LEGISLATION 1905 LEGISLATION BULLETIN 2gi
Charities William B. Buck
The Insane T. E. McGarr
Feeble-minded and Epileptic J- C. Carson
CHARITIES*
WILLIAM B. BUCK, SECRETARY NEW YORK STATE CONFERENCE OF
CHARITIES AND CORRECTION
The major part of the legislation of 1905 with reference to charities
had to do with but two subjects, state supervision and the protection
and care of children. The latter received far more legislative atten-
tion than any other portion of the field of charitable endeavor.
There was a comparatively small amount of legislation of importance
with reference to poor relief or hospital care forthe indigent sick and
still less with regard to the defective classes.
The relative merits of the supervisory board and the board of
control as a means for coordinating the charities of a given state
continues to be a mooted and practical question with legislators,
especially in the Middle and Western States. The tendency of
legislation in that section of the country is still toward
boards of control composed of a small number of paid officers,
usually three, having full powers of management and control over
the charitable and in some cases the penal institutions of the state.
Such a board was established in Kansas during the year and the
Governors of Indiana and North Dakota both recommended the
establishment of boards of control in their respective states. The
recommendation of Governor Johnson of Minnesota in his annual
message that provision be made for supervising the work of the State
Board of Control, particularly in fiscal matters, calls attention to a
defect common to that form of organization of a state's department
of charities. This absence of independent supervision over the work
of boards of control will doubtless be more generally recognized and
require legislative attention in the near future.
*See also Governors Messages and Index of Legislation, 2140.
91
92 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
In the Eastern and Southern States supervisory boards without
powers of management are the rule, but there is a noticeable ten-
dency to give these boards powers which amoimt to control over
such matters as plans for buildings, classification of inmates and
finances. In his message to the Legislature Governor McLane of
New Hampshire recommended the creation of a supervisory board
in that state, while Governor Pennypacker advised that the State
Board of Charities of Pennsylvania be given powers of control over
the expenditures of such charitable institutions in that state as
receive grants of public money. This tendency is illustrated further
in the New Jersey act creating the office of Commissioner of Charities
and Correction. The functions of this officer are in the main super-
visory but he is also given control over plans for the buildings of
state institutions. The above mentioned statutes are illustrative
of a moderate but general movement toward closer supervision and
greater control by the state over its charities.
In matters of poor relief the tendenc}" is clearly toward fixing
responsibility upon each locality for the care of its own poor, and
upon relatives for the support of their kin, as well as toward a closer
definition of the conditions under which a person obtains a settle-
ment in a given locality and becomes entitled to relief.
The needs of the bhnd, particularly adults, continue to receive
considerable attention , especially in the Middle States. The es-
tablishment of day schools and special classes for the deaf in Illinois
and Michigan is an interesting departure, while the laudable move-
ment toward changing the names of '* institutions*' for the blind,
deaf and dumb to ''schools" continues, such changes being made
during the past year in the names of Illinois and Washington insti-
tutions of this class.
The great value of the services of competent women in charitable
work is recognized by the Wisconsin statute adding a woman mem-
ber to the State Board of Control, by the addition of two women to
the Board of Managers of the Massachusetts State Sanitarium and
by the provision for women visitors in connection with the Kansas
State Board of Control.
In the legislation affecting children there is a noteworthy trend
toward establishing and defining parental obligation. No less than
eight different states have enacted laws holding parents responsible
for the delinquency of their children. This legislation is doubtless
due in large measure to the experience derived from the workings
of juvenile courts and the probation system, which has shown the
need for laws establishing parental responsibility more definitely.
BUCK CHARITIES 93
Acts for the protection of children were adopted by the Legislatures
of Arizona, California, Florida, Maine, Michigan, Montana and
Oklahoma. The work of placing dependent children in family
homes also received considerable attention from state Legislatures.
Oklahoma commits itself to this method of caring for dependent
children by a general act for their protection and care, and the ten-
dency to surround this work with additional safeguards continues,
as is evidenced by the Illinois statutes stipulating that complete
records of placed-out children be kept, that placing-out agencies
report to the State Board of Public Charities and that children in
their care be visited by agents of the State Board. . The same ten-
dency is observable in the New York statute requiring reports from
superintendents and overseers of the poor with regard to all children
placed out by them, and in the laws of Florida and Oklahoma, which
specify that complete records of placed-out children must be kept.
State supervision and administration. Following a recommen-
dation by Gk>vemor Stokes the Legislature of New Jersey enacted a
law providing for the appointment by the Governor of a commis-
sioner of charities and correction having supervision of the state's
charitable and correctional institutions, the executive officers of
which are to form an advisor}^ board to the Commissioner. The
Commissioner has also the appointment of a state architect and the
supervision of plans for state buildings. This is probably the first
time that a state has intrusted the supervision of its charities to a
single-headed department, and the experiment will be watched with
considerable interest. A commission has also been appointed to
study, revise and codify the poor laws of the state.
In Kansas provision has been made for a board of control con-
sisting of three members appointed by the Governor and receiving
salaries of $2500 a year, "to manage, control and govern" the state
hospitals, charitable institutions and reformatories, but not the
prisons. This body supersedes the Board of Trustees of State
Charities and Corrections. Provision is also made for the appoint-
ment of women visitors to the institutions of the state whose duty
it shall be to inspect such institutions and report to the Board of
Control.
Wisconsin has amended the law establishing a board of control
so as to stipulate that one member of the board shall be a woman.
The New York State Board of Charities is empowered ('05 ch.452)
to transfer an inmate from one state charitable institution to another
when in its judgment such inmate more properly belongs in another
institution or would be benefited by the change. The object of this
94 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I9O5
legislation is to secure a better adjustment of the different classes of
beneficiaries in the various state charitable institutions, particularly
in the asylums and schools for the feeble-minded and epileptic.
The supervision of the Connecticut Institute for the Blind is vested
exclusively in the Board of Education for the Blind of that state. The
act further provides that no member of this board shall be an officer
or trustee of the institute or in any way connected therewith and
that all the departments of the institute shall be thoroughly inspected
without previous notice as often as once in three months by at least
two members of the Board. The board is further required to submit
to the Governor annually a report showing in detail the condition
of the institute and also the number of blind persons being educated
in other institutions in the state.
The Vermont Legislature authorizes the appointment by the
Governor of three commissioners to investigate the management
and affairs of the State Hospital for the Insane at Waterbury and
in their discretion the State Prison, the House of Correction and the
Industrial School. Abuses in connection with the State Hospital
have been alleged. In Pennsylvania a similar commission is created
by statute **to make a full and complete investigation and inquiry
into the capacity and condition" of the State Hospital for the Insane
and other state institutions. The occasion for this inquiry appears
to have been the marked increase in the number of dependents in
the state and the overcrowding of certain institutions. It is the
duty of the commission to suggest legislation looking to the removal
of abuses and the introduction of needed reforms.
. Local boards and officers. A species of county board of control is
created by chapter 94 of the Wisconsin laws of 1905 authorizing the
election by the boards of supervisors in counties having a population
of 250,000 or more of a board of trustees to manage the county hos-
pital, farm, almshouse and department of outdoor relief. Com-
pensation at the rate of $5 a day is to be given each tru^ee. These
boards are given full powers of management and control in the
county charitable institutions, including the appointment of super-
intendents and other officers. Although this exact form of organi-
zation is not usual in this country it has a quasi counterpart in the
Board of Trustees of Belle vue and Allied Hospitals in New York
City.
Poor relief. The few acts with regard to poor relief during the
year had to do for the most part with matters of settlement and with
fixing responsibility, financial and otherwise, for the relief of the
destitute. Minnesota authorizes a city, town or village to recover
BUCK CHARITIES 95
from the relatives of a poor person the sums expended for his relief,
or, where no relatives are found, from the town, city or village which
is charged by law with the support of such poor person. Nevada
provides for relief by cotmties of poor persons having legal residence
therein and imposes a penalty for bringing or leaving a poor or in-
competent person in a county where he is not a resident.
A Pennsylvania statute declares that a year's residence in any
poor district is sufficient to gain a settlement in that district. In
cases where the person applying to a poor law officer for relief has
no settlement in the district where application is made notice shall
be given the poor law officer of the locality where he has a legal
residence and such officer shall receive and care for the applicant.
This provision is to be enforced by the Courts of Quarter Sessions.
The same law also stipulates that the relatives of a poor person,
when able, shall provide for his relief. Another amendment to the
poor law of the state authorizes a county magistrate to order the
removal of any person who is or is likely to become a public charge
to the place of his last legal settlement, whether within the state or
not, unless such person shall give sufficient security that he will not
become a public charge.
Care of the sick. By an amendment of its laws relating to the
relief and support of the poor, Wisconsin has provided for the relief
of sick and disabled persons by the proper officers of the locality in
which they are overtaken, the expense of such relief to be recovered
from the town or county in which the persons so relieved had a legal
residence. A similar statute has been adopted by the Legislature of
Illinois.
" Confusion worse confounded" should be the title of the amended
county hospital law of Indiana. The act of 1 903 authorized counties
to receive suitable sites and equipment from local hospital associa-
tions and to construct buildings thereon, the hospital thus estab-
lished to be under the control of a board made up of county com-
missioners, representatives of the association and other citizens.
This act was the means of introducing into the state's charities a
confusion of private and public charitable endeavor. It permits a
hospital corporation to saddle upon a county a hospital which must
be maintained henceforth at the county's expense although it has
only a minority representation and voice in the management. The
amended law permits a county to lease to a hospital association for
hospital purposes land and buildings provided the association will
make such repairs as may be necessary. No other consideration
is stipulated in the law. Accordingly a hospital corporation may
96 N. Y. STATE LIBRARY RF.VIEW OF LEGISLATION I905
secure from a county both site and buildings for a nominal consider-
ation and for such a period as the property shall be used for hospital
purposes. The county also bears the expense of maintenance but
makes no requirements as to securing a certain percentage of sup-
port from private sources. The wisdom of mixing public and pri-
vate charity in just these proportions seems open to serious question.
The deaf, dumb and blind. Illinois provides for special classes for
the deaf in connection with the public schools of a given district and
that qualified teachers be employed in these classes. In Michigan
a similar act provides also for the reimbursement of the school
district by the state for expenses incurred in establishing and
maintaining such classes. This act is even more specific as to the
qualifications of teachers. By an act of the Indiana Legislature
the amount available for the purchase of lands and construction
of buildings for the new state institution for the deaf and dumb is
increased from $250,000 to $315,000.
In his message to the New York Legislature Governor Higgins
recommends further consideration of the needs of the adult blind.
Governor Yates in his message states that the Illinois Industrial
Home for the Blind is not an unqualified success ; that the sole
industry is broom-making, which shows a net loss of $200 per
inmate during the year. A change in this industry is recommended.
Wisconsin, however, continues a similar experiment in the way of
providing training and employment for adult blind persons which
was l^egun in 1904, but the plan docs not include a home for the
blind, as in the case of Illinois. The present act authorizes the
leasing of suitable buildings and the investment of a sum not
exceeding $2500 in materials to be used by the blind. An annual
appropriation of $8000 is made for 1905 and 1906 for the main-
tenance of these shop schools.
Juvenile delinquents. Colorado in making provisions for the
punishment of parents or other persons responsible for the depend-
ency or neglect of children is merely developing logically its system
of child-saving as found in its children's court and probation laws.
Such parents are held to be misdemeanants punishable by fine or
imprisonment or both. Similar laws with reference to persons
contributing to delinquency in children have been placed on the
statute books of Nebraska, Illinois, Indiana, New Jersey, New York,
Oregon and Wisconsin during the year and are a valuable contri-
bution to present methods of dealing with juvenile offenders.
A general statute has been enacted by the California Legisla-
ture authorizing courts of competent jurisdiction to place on pro-
BUCK CHARITIES 97
bation minors convicted of misdemeanor or felonies when, in the
judgment of the cour^ refonnation is possible and a prison sentence
would be morally injurious. The law provides that such persons
may be released on probation for indeterminate periods and placed
under the care of nonsectarian charitable societies engaged in
reformatory work.
Under the provisions of a Missouri statute county courts in
cotmties having over 150,000 and less than 500,000 population are
authorized to establish and maintain parental schools for the deten-
tion of delinquent and dependent children. The expense of main-
taining such schools is to be borne out of the dramshop fund.
The policy of including dependent children in the same category
with delinquents, however, is not advisable. Even more un-
desirable is the legislation which provides for the reformatory care of
juvenile delinquents in Oklahoma by the contract system. This sys-
tem has failed lamentably as applied both to delinquents and depend-
ents in other states and is always a prolific source of abuse. It seems
strange that in the same year this progressive territory should
adopt two statutes so diverse in principle and merit as the general
act for the protection of children, discussed a little later, and this
contract law. The former represents the most modem principles
and methods of child saving, while the latter is archaic, not to
say barbaric.
Destitute and neglected children. Protective legislation. The
Western and Southern States are taking measures for the better
protection of children, following the example of older and more
populous communities and profiting by their experience. The
Legislature of Arizona authorizes probate judges to take testimony
and order the removal from its parents of any child shown to be
neglected or endangered physically or morally, and to provide
such child with a suitable home. California amends its Penal Code
so as to provide a penalty for abandoning a child; to prohibit
cruel and unusual punishment of children ; and to prevent children
under 16 from being tised in exhibitions or employed in vocations
dangerous to health, life or morals, or from being placed in con-
finement in company with adults charged with or convicted of
crime. Provision is also made for the commitment of vagrant
children to charitable societies or institutions and for penalizing
corporations or persons who send minors to' questionable places.
Maine adopts similar but more extended legislation to the same
effect, covering the provisions of both the Arizona and California
laws and also specifying means for compelling delinquent fathers
98 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
to provide support for neglected wives or children. The law is
moderate in its terms and should be of great assistance in the work
of child-saving in that state. An enactment of the Colorado Legis-
lature places upon the parents of children committed to institutions
responsibility for the support of such children in the institution, and
permits the state or county to recover from the parents a reasonable
sum for their care and support while in the institution. The
Florida Legislature has passed a law providing that neglected or
abandoned children may be committed to an institution and by it
placed in a family if deemed advisable. Proper record of every
child so placed must be kept. By an amendment to the state laws
for the protection of children minor students in any public, private
or parochial school in Michigan are not permitted in saloons,
gambling houses, houses of prostitution or dance halls. Montana
amends its penal code by providing a penalty of from one to seven
years' imprisonment for desertion of child tmder 12 years. The
age was formerly 6 years.
Placing in families. The placing of children in families is regu-
lated in Illinois by an act requiring placing-out societies and
agencies to secure a surrender of the child or the consent of its
parents or guardian as a condition precedent to placing out in a
family. Such agencies must also keep a complete permanent
record of each child. The items to be included in this record as
specified in the law are numerous and thoroughgoing. This pro-
vision as to records might well be adopted in other states.
*'An act to define conditions of child dependency, neglect and
ill treatment ; to prescribe methods for the protection and super-
vision of dependent, neglected and ill treated children within the
territory of Oklahoma" deserves more than passing notice. The
law, as its title indicates, declares what constitutes dependency or
neglect and authorizes the courts to investigate cases of children
foimd in any of these conditions, and, if shown to be dependent
or neglected, to order the child placed in the hands of a children's
aid society duly incorporated under the laws of that territory.
Such societies are authorized to place out in families children re-
ceived by court commitment or from institutions, but foreign
corporations of this character are debarred from the territory.
Both children's aid societies and institutions for children are re-
quired to keep complete records, but this provision of the law is
less carefully and intelligently drawn than is a similar paragraph
in the Illinois statute just mentioned. Children in institutions
or families must not be molested or interfered with by outside
BUCK CHABITIES 99
parties. Counties are authorized to reimburse such societies and
institutions for expenses incurred in placing out or caring for
children. While this act makes provision for the care of children
in institutions it seems to contemplate that such care shall be
temporary and merely preliminary to placing the child in a family
home, and in effect to conmiit the state to the placing-out method
of care for its dependent children.
The tendency to regidate more carefully the work of agencies
and persons engaged in caring for children by the so called "placing-
• out" method is shown in the enactments of several states, notably
Illinois, where such societies and individuals are now required to
report to the State Board of Public Charities quarterly the facts
with reference to each child placed out during that period. Judges,
supervisors and superintendents of the poor are required to report
in like manner, and the duty is imposed upon the State Board of
Public Charities to visit, by its agents, families where children are
placed tmtil such time as the child is legally adopted. The act
specifies the form of blank to be used by the agent in making re-
ports of such visits. The board is authorized to order the removal
of children cruelly treated or found in imsuitable homes. New
York takes the same position to the extent of requiring reports
from superintendents and overseers of the poor with regard to the
children placed out by them.
Crippled children. In Illinois school district officers are author-
ized to establish special classes for crippled children in connection
with the public schools of the district. The Legislature of Minne-
sota makes provision for the appointment of a commission of three
persons to consider the advisability of establishing two state hospi-
tals for the care and treatment of crippled children, one in Ramsay
and one in Hennepin cotmty. Nebraska starts such a hospital in
connection with the Home for the Friendless at Lincoln with an
appropriation of 1 10,000.
Institutional care. An appropriation of $50,000 for the estab-
lishment of the Thaddeus Stevens Industrial and Reform School at
Lancaster, Pa., on a tract of not less than 2 acres to be donated
by the city of Lancaster, is authorized by the Legislature. The
act provides for the admission of ** indigent orphan boys," no
preference to be shown on accotmt of race, color or religion, but
the name of the school would suggest a purpose to receive and
train delinquent boys as well. The minimum amount of land for
a site specified in the act would seem to be woefully inadequate,
particularly as the wording of the law contemplates a school on the
colony plan.
100 N. y. STATE LIBRARY REVIEW OF LEGISLATION I9OS
There is an echo of the old struggle for religious liberty in the
following excerpt from a recent Massachusetts enactment:
"No parents, or surviving parent, of any minor child in the care
or tmder the supervision of the State Board of Charity, or of any
state commission, or of any state board of trustees, shall be denied
the right of any child of theirs to the free exercise of the reUgious
belief of his parents and the liberty of worshipping God according
to the religion of his parents or surviving parent, or of the religion
which his parents professed, if they are both deceased."
THE INSANE'
T. E. MCGARR, SECRETARY NEW YORK STATE COMMISSION IN LUNACY
Centralized control. In New York Governor Higgins recom-
mends a modification of the legislation enacted in 1902 in regard
to hospitals for the insane. He suggests that the managing boards
discontinued in 1902 be restored and that the jurisdiction of the
State Commission in Lunacy be limited to the functions possessed
by it prior to that year. In accordance with the recommendation
of the Governor the Legislature abolished ('05 ch.490} the boards
of visitation of the state hospitals and reestablished the institutional
boards of managers.
Additional accommodations. The governors of Florida, Idaho,
Indiana, Michigan, New Hampshire, New York, North Dakota and
West Virginia call attention to the inadequacy of the state provision
for the insane and the urgent need of increasing the capacity of
existing institutions or of establishing additional hospitals.
Governor Davis of Arkansas recommends an appropriation for a
permanent home for the incurable insane. In his opinion one half
if not two thirds of the population of the Arkansas Asylum are hope-
lessly incurable and only need custodial care.
Florida ('05 ch.83) provides for a conmiission to consider the
relocation of the State Hospital for the Insane and improved
methods of treatment; to report to the Legislature of 1907.
Idaho ('05 p. 196) establishes the Northern Idaho Insane Asylum,
provides for location and construction, makes a 40,000 acre land
grant as permanent fund, authorizes a loan of $30,000 thereon and
provides plan of organization and management.
Governor Durbin of Indiana draws attention to the fact that the
annual additional increment in Indiana amounts to 600 patients,
which is only a trifle below the average annual increase in New York
with three times the population of the former state . The Legislature
of this state ('05 ch.29) establishes the Southeastern Hospital for
the Insane and provides a commission to locate a site and supervise
construction ; also provides for a managing board and appropriates
$560,000. The commission is nonpartizan and the Governor is
an ex officio member.
Maine ('05 ch.175) provides for the acquisition of the Kennebec
Arsenal property as an addition to the Maine Insane Hospital at
Augusta. This state also ('05 ch.176) authorizes the trustees of the
^See also Governors Messages and Index of Legislation, 3193.
102 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I9OS
insane hospitals to take possession of Widow's Island and make tise
thereof for temporary treatment of patients. This appears to be a
plan for a seashore colony and is probably inspired by the excellent
results of the convalescent home established in connection with the
Pennsylvania State Hospital for the Insane.
In Massachusetts Governor Douglas recommends in order
to relieve the overcrowded condition of the state institu-
tions for the insane, that something be done each year in
excess of the minimum requirement. He suggests that each
annual appropriation should be made to provide accommoda-
tions for 500 additional patients. An act of 1905 (ch.400)
contains an important provision, namely the transfer of
insane patients to the Foxborough State Hospital "for dip-
somaniacs and inebriates" at the discretion of the State Board of
Insanity. The experiment of providing a state hospital for drunk-
ards has proved only a qualified success in Massachusetts. The
results of treatment are apparently satisfactory but the expense
of maintenance, owing to the small size of the institution, has
averaged double the cost at the state hospitals for the insane.
In view of the ever present need of additional accommodation for
the insane it was decided that greater good might be attained by
utilizing the institution for both inebriates and insane. It is
possible to prevent the imf avorable reactioii of the latter class upon
the former by a separation of buildings, followed eventually by the
development of a new center for inebriates, under the same general
management but at a suitable distance from the present institution
and affording a larger acreage of land for their employment. Econ-
omy would thus be attained and the foimdation laid for further
study and progress in the treatment of inebriety as a disease condi-
tion, without the taint of criminality.
Oklahoma ('05 ch.20 art.i) provides for the Oklahoma Hospital
for the Insane, located on the Fort Supply Military Reservation.
It is interesting to note that the superintendent of the hospital
holds office for two years only, an archaic arrangement.
South Dakota ('©5 ch.138) establishes an additional hospital to
be known as the Northeastern Hospital for the Insane, located at
Watertown on land belonging to the state. No ftmds are to be
available for this building imtil the Yankton Hospital for the
Insane shall have a population of 1000 patients. This state ('05
ch.139) also provides that the Northern Hospital for the Insane
shall have the "ctistody, care and education of such imbecile,
MCGARR THE INSANE ' IO3
feeble-minded and epileptic persons as are hereinafter designated."
A further stipulation requires the institution to provide care and
special means of improvement for the following classes of persons,
to wit: those who were bom or by special disease have become
imbecile, feeble-minded or epileptic ; to provide means of instruction
and mental and physical training for all such persons as are capable
of receiving the same ; also to provide for the custody and care of all
such imbecile or feeble-minded or epileptic persons who are incapable
of receiving mental or physical training; provided, that persons who
have become feeble-minded by reason of age shall not be entitled
to the benefits of said institution.
Classification of insane. Governor Johnson .advocates that the
Minnesota hospitals shotdd be placed on the high plane of general
hospitals; that they should be relieved as far as possible of the
incubus of the incurable inmates who only require personal care
but whose presence means the crowding out of those who need and
might be benefited by medical treatment . He strongly recommends
the provision of funds for the erection of nurses* homes at the various
hospitals ; also the provision of a place at the State Prison for the
retention of the criminal insane as well as the insane criminal.
In New York Governor Higgins recommends that in increasing
the accommodations in existing establishments each state hospital
should be provided with a building especially adapted to the treat-
ment of the acute insane. A law of this state ('05 ch.702) provides
$300,000 for the construction of a reception hospital for 200 patients
in the city of New York, to which are to be committed acute cases
of alleged insanity. The hospital will be equipped with the most
approved appliances in addition to the ordinary equipment of a
general hospital. Provision is also made for the construction of a
special ,building with accommodations for 80 patients of the acute
and strictly curable insane, on the grounds of the Binghamton State
Hospital.*^
Admission. Support. Massachusetts ('05 ch.432) provides for
the commitment to the state hospitals of any person who may
desire to submit himself to treatment and who makes written appli-
cation therefor providing his mental condition is such as to render
*It was afterward discovered that the funds provided were not sufficient
to construct an appropriate building; the Lunacy Commission will conse-
quently request the Legislature at its forthcoming session to allow a per
capita cost of $1000 in tne construction of the building at Binghamton, and
also of three similar buildings to be located respectively at Foughkeepsie,
Middletown and Utica on the grounds of the existing hospitals.
I04 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I9OS
him competent to make such application. Detention is limited to
three days after written notice is given of his desire to leave the
institution. The charges for the support of private patients in
public institutions are to be governed by the provisions of law
applicable for the support of indigent insanie provided the approval
of the State Board of Insanity be obtained in writing. Prompt
notification to the board of the reception of such cases is required.
Governor Van Sant recommends that an arrangement be made
whereby the coimties sending patients to the Minnesota hospitals
should pay.one half the expense of their maintenance. He believes
that while this would not to any great extent decrease the cost, it
would tend to greater caution in making commitments.
Governor Higgins of New York calls attention to the prevailing
practice in New York of committing senile or feeble-minded persons
to state institutions at the instance of those properly chai^able
with their support. He urges that before any insane person is
permanently received as a state charge the question should be
investigated and determined whether such pereon is a pauper
without relatives chargeable with his support or able to contribute
thereto.
Commitment. Transfer. Parole. Governor Htm of Delaware
recommends the creation of coimty limacy commissions with sole
power to pass upon the mental condition of applicants for admission
to the State Hospital, thereby avoiding "the favoritism inseparable
from the present procedure which, through the environment and
the influence surrounding the individual physician, crowds the
institution with inmates not contemplated by law."
An act of Florida ('05 ch.8s) contains a curious provision relating
to cases of alleged chronic insanity. When the proceedings taken
to prove the insanity of the person show that the case is chronic
or produced by epilepsy or senility and that the person does not
require confinement or mechanical restraint to prevent self-injtiry
or violence to others, and when he is indigent, the court shall order
the sheriff to deliver him to the county authorities for care and
maintenance **as by law made and provided for paupers ;" provided
that if any responsible person will offer to assume the care and cus-
tody of any such harmless person without cost to the state or county
the judge or court may in its discretion so order.
Massachusetts ('05 ch.435) provides for a parole of six months to
patients in charge of their friends.
MCGABR THE INSANE IO5
Minnesota ('05 ch.47) provides that at all hearings of deaf and
dumb persons alleged to be insane the patient shall have furnished
to him *'an interpreter to convey questions to him and his answers,
by the sign language with which he is familiar, to all questions
propounded to him at such hearing, and in the event such person so
charged with insanity does not make such request or demand for
such interpreter, it shall be the duty of the judge or other officer
before whom such examination is held, to provide such interpreter,
who shall be recommended by the superintendent of the Minnesota
State School for the Deaf."
New Hampshire ('05 ch.ioi) provides that any justice of the
Superior Court may, on due cause shown, parole any person com-
mitted to the New Hampshire State Hospital upon such terms and
conditions as such jtistice may require, and the court or justice may
at any time thereafter revoke the parole and order the person
returned to the State Hospital tmder the original commitment.
New Jersey ('05 ch.74) provides at this late date that all insane
women transferred from one institution to another mtist be accom-
panied by female attendants.
Governor Ferguson recommends that the powers of the county
insanity boards in Oklahoma be amended and that a restriction be
placed upon the liberties too often asstmied by said boards in send-
ing persons who are not insane to the asylum to be cared for at
public expense.
Family care of the insane. Massachusetts ('05 ch.458) amends
its existing statutes with reference to family care of chronic cases ;
patients are to be selected by the superintendents of the hospitals
and placed imder the constant supervision of an inspector of the
State Board of Insanity.
Inspection of private asylums or sanatoriums. New York ('05
ch.497) provides that any member of the State Commission in
Lunacy or its medical inspector may visit any sanatorium or other
institution wherein sick or infirm persons are treated for compensa-
tion or hire, to ascertain whether insane persons are confined therein
illegally. It is made mandatory that such officials be given access
to any portion of grotmds or buildings.
Miscellaneous. Cahfomia ('05 ch.88) provides for the employ-
ment of a woman physician in the State Hospital for the Insane.
Connecticut ('05 ch.iio) provides that every person who shall aid
or abet or who shall conspire with another to aid or abet the escape
I06 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
from any hospital or sanatorium of any person committed to such
hospital or sanatoritmi as insane, shall be fined not more than I500,
or imprisoned not more than two years, or both.
Michigan ('05 ch.140) provides fimds for paying salaries of
pathologist and assistants and equipping the psychopathic ward
established in 190 1 in connection with the hospital of the University
of Michigan. This is a clinical laboratory of research in neural
pathology for the instruction of medical students and for the benefit
of the state hospitals for the insane.
FEEBLE-MINDED AND EPILEPTIC*
J. C. CARSON M.D., SUPERINTENDENT SYRACUSE STATE INSTITUTION
FOR FEEBLE-MINDED CHILDREN
Governors messages. In relation to the epileptic and feeble-
minded it is noteworthy that the governors of no less than ii states
made mention of one or the other of these classes in their messages
for 1905. In three of the states, Connecticut, Indiana and Michigan,
the recommendations were in the way of provision for epileptics on
the colony plan, the Governor of Michigan especially recommending
it along the line adopted by the state of New York at the Craig
Colony. In the other eight states, Delaware, Idaho, Illinois, New
Hampshire, Massachiisetts, Nebraska, New York and Wisconsin,
references to the feeble-minded were made and in each instance in
the nature of recommendations either for state provision where none
exists or for increasing the accommodations of already existing
institutions. In Illinois, New Hampshire, Massachtisetts and
Nebraska a recommendation was made especially to provide for an
additional nimiber of feeble-minded girls or women of the child-
bearing age.
Legislation. Connecticut, The legislation in this state was in
the form of a resolution ('05 ch.450) authorizing the appointment
by the Governor of three persons to investigate methods for the
care and treatment of epileptics and report to the Legislature in
1907.
Michigan. A new section is added to chapter 209 of the laws of
1903 which requires that in making application for admission to
the State Institution for Feeble-minded and Epileptic the parents or
guardians of applicants shall waive all right thereafter of removing
them. This is important legislation. . It is no doubt intended to
give the management control and custody of inmates whose parents
or guardians are unfit persons. Such legislation, however, appears
to be a surrender of the future right of a parent over the custody
of his child and this many parents would never willingly yield.
For the permanent custody of a few individual cases the law of
cotirse would for certain reasons prove very desirable. It is likely,
however, a knowledge of the existence of such a law would deter
many parents from ever permitting the admission of their children
to the institution.
Indiana, Chapter 159 of the laws of 1905 provides for the
establishment of a village for the scientific education, treatment,
'See also Governors Messages and Index of Legislation, 2210,
X07
I08 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
employment and custody of epileptics, to be known as "The
Indiana Village for Epileptics." The Governor is authorized to
appoint three commissioners to decide upon a location for the
village and purchase the necessary land. Not less than 1000 acres
of land shall be purchased, for which and for the erection and
equipment of the necessary buildings $150,000 is appropriated.
Epileptics at present in the poorhouses, jails and other cotmty
institutions shall be the first ones admitted to the village when
accommodations are ready. For the maintenance of the institu-
tion a per 'capita allowance of $200 a year is provided. An
allotment based on population is made of the number of inmates
to be received from each county. The commitment of epileptic
persons to the village is also provided for, the form not materially
differing from that usually followed in other states, namely an
application to a judge of a court of record by a reputable citizen,
followed by the examination of the patient by two experienced
physicians and their certification of the existence of epilepsy.
New York. Chapter 458 of the laws of 1905, amending '96
ch.S46, gives the managers upon the death of any patient at the
Craig Colony for Epileptics authority to perform an autopsy, tmder
certain conditions. The purpose of the amendment is to extend
scientific pathological investigations in the study of epilepsy and
is therefore to be commended.
New Hampshire. Previous legislation in this state had limited
the detention of inmates at the State Institution for Feeble-minded
to the age of 21. An amendment ('05 ch.23) extends the limit
indefinitely for feeble-minded girls. Its purpose, a most laudable
one, is the retention of feeble-minded women under custody during
the child-bearing period.
Massachusetts. An act ('05 ch.282) provides for the support of
certain feeble-minded persons having residence in towns of less
than $500,000 assessed valuation. The purpose of the act is to re-
lieve the small towns of the state from the expense of maintaining
their feeble-minded at the state institution by placing their support
upon the state at large. It seems as if a better and more equitable
law would be one making state charges of all feeble-minded per-
sons received at the institution.
Oregon. The State Board of Public Building Commissioners is
authorized ('05 ch.iSi) to make investigations in relation to the
probable cost of buildings for the care of all feeble-minded and
epileptic children of the state, and to visit or send representatives
to other states for the purpose of examining institutions where the
CARSON FEEBLE-MINDED AND EPILEPTIC IO9
feeble-minded or epileptic are being maintained. The Commis-
sioners are required to report upon the kind and character of build-
ings best suited to the purpose and they may select and purchase
the necessary grotmds.
Rhode Island. A resolution was passed authorizing the appoint-
ment of a joint special committee of the Senate and Assembly on
the subject of providing a state school for feeble-minded children.
In Rhode Island no institution for the feeble-minded exists and
the resolution is prestmiably the first legislative eflfort towards the
establishment of an institution of some kind in the state for the
care and training of the feeble-minded.
Washington. An act was passed ('05 ch.70) providing for the
care of defective and feeble-minded youth and establishing an
institution therefor. Prior to this law a few of the feeble-minded
in the state had been provided for in a department of the School
for the Blind at Vancouver. The act passed authorizes the trans-
fer of the feeble-minded in the department at Vancouver to build-
ings in a new location less than 2 miles distant from the Eastern
Washington Hospital for the Insane, and places their supervision
under the superintendent of that hospital. It is probable that the
arrangement of caring and providing for the feeble-minded in
connection with the blind proved unsatisfactory. The law now
shifts the arrangement over to a management in connection with
a still different class, the insane. Our prediction is that this plan
will also prove unsatisfactory and in the end will be fotind to be a
mistake. In providing for two different classes tmder one manage-
ment it is difficult to give each class the separate and distinctive
attention required. The one is apt to predominate or else inter-
mingle too much with the other. The insane require care and
treatment; the feeble-minded care and training. As we view it,
the only gain made by the law is a more extended accommodation
for the feeble-minded and a rather more distinctive character
given to their care in the establishment of a separate institution.
New York State Education Department
New York State Library
REVIEW OF LEGISLATION 1905 LEGISLATION BULLETIN 2^g
Crimes and Offenses Samuel J. Barrows
Corrections George McLaughlin
CRIMES AND OFFENSES^
SAMUEL J. BARROWS, UNITED STATES COMMISSIONER, INTERNATIONAL
PRISON COMMISSION
With the country divided into 45 separate political compartments
it is not surprising that legislation every year should be as varie-
gated as a patchwork quilt. Countries like England, France,
Germany and Italy, in which there is a imiform penal code, look
with surprise at the want of imiformity and indeed the positive
contradiction in penal laws in the United States, growing out of
our system of local government. The system becomes a serious
embarrassment from time to time in our international relations
when a foreign country finds that an offense committed in any one
of the states against a foreign subject is not punishable by the
federal government, which has no jurisdiction over the matter.
Foreign citizens eventually learn that the degrees of privilege they
enjoy and the amotmt of obligation they inctir depend very much
upon what part of the coimtry they aife living in.
But foreigners are not alone in recognizing the anomalies which
come from want of uniformity. From time to time the confusion
and contradiction of laws and the want of a more homogeneous
ethical standard so far as it may be expressed in law is recognized
and felt by students of social and pohtical conditions. The attempt
to secure tmiformity in state legislation by the appointment of
boards of commissioners from the several states has not been very
successful, whether in relation to civil or criminal law. What
is attained in the way of imiformity is more Ukely to be secured
through the active propaganda of various national associations
organized to promote definite commercial, professional, patriotic,
political or social development.
^See also Governors Messages and Index of Legislation, 234, 870.
112 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905 I
Crimes against the government. Few of the laws passed in 1905,
however, represent national sentiment, unless it be the laws passed
in eight states making it an offense to desecrate the United States
flag by advertisement or otherwise. Two states passed such laws
in 1904 and six in 1903, all of which points to organized action.
It would seem not to be an illogical appUcation nor an
excessive stretch of federal power for the general government to
pass a general law for the protection of its flag, bringing such an
offense within the jurisdiction of the United States courts. Why
it shotild be the work of the separate states to pass laws protecting
the national symbol does not seem clear even under the large share
of powers reserved to the states. K the United States can punish
the counterfeiting of its coin it might be supposed to have the
authority to protect the desecration of the flag; but the former is
expressly provided for in the Constitution, while the latter is not.
As this review does not include federal laws it is not complete so
far as the catalogue of crimes against the general government is
concerned.
The other offenses under this head relate mainly to the escape of
convicts from prison and to perjury and bribery.
Public order and security. Under this head a few of the states
passed laws relating to vagrancy and seven passed or amended
laws relating to the carrying of weapons.
Wife-beating. A reactionary tendency reviving a form of
pimishment nearly obsolete is seen in the passage of a bill in Oregon
providing that wife-beating may be ptmished by whipping. The
lashes are not to exceed 20 in number and it is left to the discretion
of the court to impose whipping or fine or imprisonment. The
whipping may be administered by the sheriff of the coimty or any
marshal or policeman of any incorporated city or town wherein
judgment shall be rendered, and is to be administered within the
walls of the coimty jail. The passage of this law in Oregon is in
marked contrast to the overwhelming failure of an attempt to pass
a law for wife-beating during the winter of 1905-6 in the Congress
of the United States. The bill was made the subject of much
burlesque in the form of ridiculous amendments and was finally
laid on the table.
Fraud. Eight states have passed laws to prevent the defrauding
of liverymen and hotel people ; eight states have passed laws relative
to maliciotis injury to electrical apparatus and power or to interfer-
ing or tampering with the same.
BARROWS CRIMES AND OFFENSES II3
In South Dakota it is made a misdemeanor to make any false
statement concerning one's physical or financial condition for
the purpose of receiving aid from the city or cottnty or from
any person or charitable institution or organization. The penalty
is a fine not exceeding |ioo or imprisonment for 30 days or both.
California has passed four laws in relation to embezzlement and
several states have passed laws for the better prevention of various
forms of fraud. In Rhode Island it is made a misdemeanor to
misrepresent the circulation of a newspaper or periodical for the
purpose of securing advertising or patronage.
Malicious mischief. There is no telling what form malicious
mischief may take. In California a special law has been passed
making it a felony to maliciously drive any iron, steel or any other
substance sufficiently hard to injure saws, in any saw log or other
wood intended to be manufactured as lumber. Likewise in North
Dakota pimishment is provided against maliciously putting or
concealing in stacks of grain any substance which will injure a
threshing machine if fed into it. If the injtiry caused results in the
death of any person the offense is deemed manslaughter in the first
degree; if the injury results in maiming or injury to any person
or breaking of the machine it is a felony; in all other cases it is
deemed a misdemeanor. The violators are responsible to the
owners of the machine for damage. In the same state it is made
likewise a form of malicious injury to haul a dead animal, or offensive
or decaying matter on land without the owner's consent.
Trespass. Various laws against trespass have been passed for the
protection of private property. The state of Maine, which has
had on its statutes a law for the pimishment by imprisonment and
fine of persons entering upon any land, cutting any timber, serving
any process, or exercising any jurisdiction within the limits of the
state as described by treaties between the United States and Great
Britain, now softens the act by providing that punishment shall be
inflicted at the discretion of the court.
Robbery. Minnesota is apparently hoping to exterminate robbery
by doubling the extreme penalty, which hitherto has been 20 years,
so that a robbery in the first degree may be ptmished by a maxi-
mum penalty of 40 years. The minimum remains as formerly five
years. South Dakota, on the other hand, instead of increasing
the maximum, which is 20 years, has reduced the minimum from
10 years to one year. It will be interesting to see whether the
crime of robbery will become less frequent in Minnesota because
of the threatened maximum or become more frequent in South
Dakota because of the less threatening minimum of punishment.
114 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Minors. Laws continue to be passed for thie protection of minors.
Several states have passed laws prohibiting minors frequenting
billiard or pool rooms without the consent of parent or guardian.
In Vermont the written consent of parent is necessary. The
owner is made responsible. In Pennsylvania the provision as to
the consent of parents is not included.
Gambling. Eleven states have passed laws for the restriction
of gambling. Texas has amended its laws prohibiting betting on
horse racing so as to permit it on the day and within the indosures
where such races are nm and making it tmlawful to have horse
racing on Sundays.
Shows. With reference to shows and exhibitions California
adds to its Penal Code a new section making every person guilty
of a misdemeanor who sells or offers for sale any ticket to a theater
or other place of amusement at a price in excess of that chained
originally by the management of such place or theater.
Oregon will hereafter pimish by a fine of from |ioo to liooo
the exposure to pubUc view of any person in a state of trance, sleep
or entire or partial tmconsciousness, which shall have been induced
by hjrpnotism, mesmerism or any other form of the exertion of
the will power, or suggestion of another person over such subject.
It makes responsible also the agents or servants at such an exhi-
bition and in default of pa)rment of fine provides for imprisonment
in the cottnty jail eq\ial to one day for each $2 of the fine.
Vermont imposes a penalty of from liooo to I3000 for exhibiting
a circus in any town without permission of the selectmen and
without having paid to the State Treasurer the legal license fee.
Cruelty to animals. 16 states have passed 23 laws in regard to
cruelty to animals, most of which are doubtless due to the presence
in various states of organizations for their protection. Colorado
not only makes it unlawful to cause animals to fight or to release
them for himting or shooting, but provides that wilful spectators
may be held as accessories and ptmished as principals by a fine of
from 1 10 to $2 50 or imprisonment for a year or by both fine and
imprisonment.
Maine forbids the keeping or leaving of sheep on any of the tmin-
habited or barren islands lying off the coasts during the months
of December, January, February and March of any year, without
providing sufficient food and shelter therefor. This law was
strengthened last year by providing that any person may take
charge of such abandoned animals and care for them at the owner's
expense and have a lien thereon.
BARROWS CRIMES AND OFFENSES IIS
It is interesting to note that in the Southwestern States a method
of treating animals which never existed in New England and which
had its origin in the life of a herdsman is passing away: namely,
cattle roping as a fine art. New Mexico has passed a law making
any exhibition of cattle roping a misdemeanor punishable by
imprisonment for 60 days and a fine of $500. Texas has passed
a similar law with the same fine but omitting imprisonment.
The reason of the law is thus stated in section 2: **The serious
injuries being sustained by the cattle interests of Texas through
roping contests, and the almost uniform demand by the cattle
raisers and the farmers of this state for relief against the roping
contests, creates an emergency and an imperative public necessity
that the constitutional rule requiring bills to be read in three
several days be suspended." The rule was therefore suspended
and this act made to take effect from and after its passage. It
was passed without a dissenting vote in the Senate and with but
one negative vote in the House of Representatives.
Cigarettes and drags. The campaign against the' selling of
cigarettes to minors and against the unlawftd sale of drugs, es-
pecially cocaine, is still carried on and shows the presence of dele-
terious practices on the one hand, and on the other the vigilance of
the associations which are seeking to restrict them.
CORRECTIONS
GEORGE MCLAUGHLIN M. A., SECRETARY NEW YORK STATE COM-
MISSION OP PRISONS
The general trend of legislation in the United States relating
to corrections and penal institutions during 1905 was toward
the establishment of an increased number of reformatories, reform
and industrial schools, especially for juveniles; a more general
adoption of the indeterminate sentence law, with provisions for
parole; continued progress in the separation of the criminal
insane from the innocent insane, and the separate housing of
insane criminals from other offenders ; the establishment of bureaus
of identification in additional states; the enactment of many
new laws providing for probation; and toward the restriction of
convict labor to state account work.
Supervision and administration. Florida ('05 ch.77) authorized
the Governor to appoint additional Supervisors of State Convicts
and Convicts Camps of the state, when in the opinion of the Board
of Commissioners of State Institutions more than one is necessary,
to act under the direction of the Commissioner of Agriculture and
the Board of Commissioners of State Institutions, relative to the
sanitary condition of the prison camps and the care and treatment
of the convicts.
Kansas ('05 ch.487) made it the duty of the governing body of
the several state institutions to formulate rules and regulations
prescribing the qualifications of employees and regulating appoint-
ments. Employees may be removed for cause but political action
or afliliation shall not be considered a catise for removal.
New Jersey ('05 ch.sy) authorized the Governor to appoint a
commissioner of charities and corrections for a term of three years
at a salary of I3000 and a committee of two to aid him. The Com-
missioner is to inspect charitable and correctional institutions and
report to the Governor. Plans for buildings or improvements are
to be prepared under his direction and he may appoint an architect
as assistant, at a salary of $2500. The executive officers of the
variotis institutions constitute an advisory board and meet with the
Conmiissioner quarterly.
North Carolina ('05 ch.446) authorized the Governor, when he
deems advisable, to visit any state institution for the purpose of
inquiring into its management and needs.
*See also Governors Messages and Index of Legislation, 235,
1x6
MCLAUGHLIN CORRECTIONS II7
Oregon ('05 ch.99) provided for the monthly pajonent of the
salaries of the officers and employees of state institutions.
Utah ('05 ch.ioi) reduced the membership of the Board of Cor-
rections from four to three. The board will consist of the Governor
ex officio and two resident citizens, not to be of the same political
party, appointed for four years.
Vermont ('04 ch.163) directed the Governor to appoint three
commissioners to investigate the Vermont Hospital, the State
Prison, the House of Correction and the Industrial School.
Wisconsin ('05 ch.381) amended the statute relating to the Board
of Control, by inserting a clause that one of the five members shall
be a woman.
State prisons. Kansas ('05 ch.S28) authorized a renewal of the
contract with Oklahoma for keeping convicts for two years at 40
cents a day.
Massachusetts ('05 ch.io6) authorized the Governor and Coimcil
to investigate the advisability of establishing a branch state prison
at Nashawena island.
New York ('05 ch.718) authorized the Governor to appoint five
commissioners to inquire as to the most practical method of pro-
viding modem prison buildings ; such inquiry to embrace the struc-
tural and sanitary condition of Auburn and Sing Sing prisons, and
the disposition that may be made of the Eastern New York Reforma-
tory.
Employees. Missouri amended the law relating to the salary
of guards in penitentiaries by providing that all tumkejrs and
guards shall receive $780 a year ('05 p.267) and increased the
compensation of the prison physician from $1200 to $2000 ('05
p.268).
Oregon ('05 ch.8i) increased the compensation of the assistant
warden of the penitentiary from $900 to $1200.
Washington ('05 ch.38) provided for the appointment of a chap-
lain of the State Penitentiary by the Governor, who shall hold office
for two years, with a salary of $1200.
Institutions for women and girls. California ('05 ch.2S3) author-
ized the Whittier State School for Girls to contract for the care of
inmates with charitable or benevolent institutions, organized for
the care of criminal or wayward girls, or with private families,
and to pay for such care out of the funds of the institution. The
board of trustees may recall such inmate at any time.
In Connecticut ('05 ch.233) an act was passed authorizing the
oommitment of any unmarried female, between x6 and §tt leading
Il8 N. Y* STATE LIBRARY REVIEW OF LEGISLATION I9OS
a vicious life or in danger of falling into habits of vice, to the custody
of any private correctional institution until 21 years of age. Trus-
tees or directors of such institutions may bind out such girls, or may
discharge or return them to their parents or guardians.
In Idaho ('05 p.33) an act was passed authorizing the prison
commissioners to contract for the care of females convicted of
felony in the penal institutions of another state ; this practice to
continue until a separate department or ward for female prisoners
shall have been constructed at the State Penitentiary.
In New Jersey ('05 ch.240) the act establishing the State Home
for Girls was amended by providing that girls under 19 (formerly 16)
may be committed thereto.
Oregon ('05 ch.232) appropriated $7000 for the support and
reclamation of wayward girls over 12 and under 18, pajonent to be
made to the reformatory institutions at the rate of $84 a year for
each girl maintained. Each institution must have at least five
wayward girls, and have been in act\ial existence at least one year.
The cotmty judge shall examine and inspect institutions claiming
the benefit of the act.
Reform schools. Arizona ('05 ch.53) abolished the board of
trustges of the Territorial Industrial School and vested control in
the Board of Control of the territory.
In California ('05 ch.84) the law relating to the Whittier State
Reform School for Juvenile Offenders was amended by pro-
viding that girls as well as boys may be committed to it ; boys
between 7 and 16, girls between 7 and 18; boys may be detained
until 16 and girls tmtil 21. Two new sections were added: the
first authorizing commitment of truant children between 7 and 1 7 ;
the second, the commitment of dependent and delinquent children.
Both male and female minors shall have private examination and
trial. Male inmates over 16 must be removed to the Preston
School of Industry.
In Florida ('05 ch.17) an act was passed authorizing the com-
mitment of persons under 18 to the State Reform School. The
act provides for the management of the school, for parole by
managers, and for release on probation. A mechanical school
is to be established and the inmates instructed in trades.
In Georgia ('05 p. 12 7) an act was passed establishing a state
reformatory for offenders under 17. Sentence is to be indeter-
minate but may not extend beyond the time when the person
sentenced shall have arrived at the age of 21. Felons may be held
for not exceeding five years, and misdemeanants not exceeding
MCLAUGHLIN CORRECTIONS II9
two years. Control is vested in the Prison Coxmnission. Inmates
are to be employed in agrictdtural, domestic and mechanical work
and given a common school education ; commission may establish
trade schools and a system of parole, and may, with the approval
of the Governor, grant conditional discharges and recommend
to the Governor release and pardon. White and colored inmates
are to be kept separate. The Prison Commission is to select a site
and erect suitable bidldings, $10,000 being appropriated for bidld-
ings and equipment and $10,000 for maintenance. .
In Idaho ('05 p.432) the law relating to the Industrial Training
School was amended so as to apply to any boy or girl between
8 and 18 foimd guilty of any felony (formerly ' crime) except
murder or manslaughter; the amendment also provides that if
from want of proper parental care a person between those ages, of
sound intellect and good bodily health, is growing up in mendicancy,
vagrancy or incorrigibility, he may be committed to this school.
Any such boy or girl, held for examination for a felony, may be
conmiitted to the school to await trial, in lieu of commitment to
jail.
In Michigan ('05 ch.266) the act establishing a house of correc-
tion for juvenile offenders was amended by striking out the clause
excepting offenders ptmishable by imprisonment for life, so that
hereafter any male person under 16 and over 10 may be committed.
In Minnesota ('05 ch.233) an act was passed regulating com-
mitments to the State Training School for Boys and Girls and the
management of the institution; children over 8 and under 17
can be committed, on verified complaint and after trial, for any
crime except murder. When hearing is before a justice of the peace
or municipal court, findings must be approved by the District Court ;
conmiitments to be until 21 imless sooner discharged, apprenticed,
paroled or transferred by the Board of Parole.
In Washington ('05 ch.19) the law relating to the commitment
of juvenile offenders to the State Reform School was amended so
as to provide for the commitment of girls between 8 and 18 (for-
merly 16); girls to be held until 19 (formerly 18) unless sooner
discharged.
In West Virginia ('05 ch.68) the act relating to the West Virginia
Refortn School was amended so as to provide that no two of the
directors shall be from the same county. Minors under 18 (for-
merly z6) may be committed. In certain cases parent or guardian
mtist reimburse the county for maintenance of inmate.
I20 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Local institutions. In Oregon ('05 ch.ioo) an act was passed
to provide for fireproof jails. This act makes it the duty of every
county, incorporated city and town that does not already possess
one to provide a jail with walls of concrete, brick or stone, floors
of cement, ceilings of plaster, iron or steel, roof of metal, slate or
other noncombustible material, doors of iron or steel; .the whole
structure to be as nearly fireproof as practicable.
In West Virginia ('05 ch.72) an act was passed authorizing any
county to unite with any city in said county to erect and maintain
a workhouse for their general use.
In Pennsylvania ('05 ch.224) the salary of the jail physician
in counties containing over 500,000 and less than 800,000 inhabi-
tants was increased from |8oo to $2400; and the salary of the
county jailer from $3600 to $5000.
Discipline. Instruction. Care of sick. California ('05 ch.547)
authorized the sheriff to cut the hair of a convict sentenced for a
term of 15 days or over to a uniform length of ij inches for sanitary
reasons in certain cases.
In Connecticut ('05 ch.46) a law was passed making the penalty
for conveying any narcotic, liquor, weapon or means of escape
into the State Prison, imprisonment not exceeding five years, or
fine not exceeding liooo, or both; convejdng letters to or from
prisoners is also forbidden.
In Florida ('05 p. 441) the Legislature adopted a concurrent
resolution, requesting the Board of Commissioners of State Insti-
tutions to have white prisoners, so far as possible, confined and
worked in separate camps from colored prisoners. It was made
unlawful ('05 ch.76) to chain, handcuff, or in any manner fasten
white prisoners to colored prisoners.
In Kansas ('05 ch.211) an act was passed making it a misde-
meanor to give any inmate of the State Industrial Reformatory
tobatco, money or other articles of personal property without the
consent of the superintendent, or to receive from any inmate any
article belonging to said institution or the state.
In Massachusetts ('05 ch.258) giving to any prisoner in the State
Farm Industrial Camp, or in any jail or house of correction, any
drug or article or thing without the permission of the superintendent,
master or keeper, is made ptmishable by a fine of not more than $50,
or imprisonment for not more than two months. An act was also
passed ('05 ch.355) authorizing the prison commissioners to estab-
lish a hospital for prisoners having tubercular disease, the hospital
to be on the land occupied by the temporary industrial camp.
MCLAUGHLIN CORRECTIONS 121
Wisconsin ('05 ch.396) amended the provision giving ministers
or persons delegated by the Young Men's Christian Association
access to prisoners, by providing that the representatives of any
other rehgiotis association or corporation disposed to aid in reform-
ing the prisoners and in giving them moral and religious instruction,
shall also have access to them, and by including parental schools,
industrial schools, and homes for dependent children among the
institutions whose inmates shall be allowed the spiritual ministra-
tion of a clergyman of the church to which they may belong.
Commitment. Transportation. Transfer. In Massachusetts the
Legislature adopted a resolution ('05 r.47) instructing the Prison
Commission to investigate the advisability of amending the law
relative to the commitment of female prisoners convicted of minor
offenses, and of requiring the more complete separation of females,
convicted of minor offenses from those confined for other offenses.
Convict labor. In Georgia ('05 p. 1257) a resolution was adopted
authorizing a joint legislative committee, of five from the House
and three from the Senate, to visit, thoroughly inspect and examine,
during vacation, all the convict camps, and to report to the General
Assembly of 1906.
In Indiana ('05 ch.107) an act was passed regulating convict
labor in the Indiana Reformatory. This act abolishes the contract
system, provides for schools for instruction in the common branches
and for trade schools and military drills. Goods are to be manu-
factured on state accoimt and articles to be used in state institutions
and in certain political divisions of the state. The manufacture
of school books and school desks is forbidden ; also the printing of
other books or blanks, except for the use of the reformatory.
State institutions and political divisions are required to purchase
supplies of the reformatory at the prices fixed by a board, consisting
of the Governor, State Auditor and President of the Board of
Managers, prices not to exceed the market price. The managers
are authorized to sell any surplus product in the general market.
The reformatory is to issue catalogues of supplies and officials are
forbidden to purchase such articles elsewhere unless they can not
be furnished by the reformatory. The proceeds up to $50,000 are
to be retained as a working capital. It is made a misdemeanor
with a penalty not less than $100 nor more than liooo for any
public official to wilfully violate any provision of the act and in
addition he may be removed from office.
Massachusetts ('05 ch.244) authorized the employment of inmates
of penal institutions in caring for public lands and buildings in the
122 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I9O5
custody of officers, but forbidding such employment outside the
precincts of the institution in doing work for private persons.
In Oregon ('05 ch.152) a law was enacted authorizing contract
labor in the state penitentiaries. The contract is not to exceed
10 years, convicts are not to work over 10 hours a day, prison
officials are to continue in charge of the convicts while engaged in
labor, and the state is to receive not less than 35 cents a day for
each convict.
Washington ('05 ch.121) placed the transportation of convicts
to the penitentiary and of incorrigibles to the reform schools under
the supervision of the State Board of Control.
Municipal convicts. In New Mexico ('05 ch.84) an act was
passed providing that any person convicted of violation of mxmicipal
ordinance, and sentenced to imprisonment, may be compelled to
work upon the public streets, or at any kind of public work within
the city or town. Prisoners are to be under the control of a marshal
of the city or town while so engaged.
Work on roads. In Colorado ('05 ch.86) a law was passed pro-
viding that upon the request of the cotinty commissioners, the
warden of the State Penitentiary shall detail convicts to work upon
public roads, the coimty or city to pay all additional expenses and
furnish tools.
In Illinois ('05 p.344) an act was passed in relation to convict
labor on highways. This act makes it the duty of the Board of
Prison Industries, upon requisition of the State Highway Commis-
sioner, to employ convicts in the manufacture of tile and culvert
pipe, and in the preparation of road-btdlding material, to be fur-
nished free, and in the manufacture of road machinery, tools and
appliances for building and repairing roads.
In Maine ('05 ch. 126) an act was passed providing for the employ-
ment of male prisoners under sentence in jails upon public high-
wajrs, or in preparing materials for their construction or repair.
In New Mexico ('05 ch.7) an act was passed appropriating
1 10,000 for the construction of a system of public highways in the
territory and the use of convict labor on them.
Disposition of goods. In Illinois ('05 p.345) an act was passed
amending the act regulating the employment of convicts. Sales
of prison products may be made only to the state and public insti-
tutions owned or managed and controlled by the state, and to school
and road districts of the state. The provision authorizing sales to
other political divisions of the state is stricken out. The law con-
tains a proviso that if the demands above provided shall not be
MCLAUGHUN CORRECTIONS I23
sufficient to furnish employment to all prisoners, the surplus prod-
uct may be otherwise disposed of by the Board of Prison In-
d\istries. Not more than 40% of the prisoners may be employed
in the manufacture of products to be sold in the open market.
Crushed rock and other road material made by convicts is to be
furnished free for use in permanent public roadways upon the
requisition of the State Highway Commission.
Special industries. In Indiana ('05 ch.39) the Board of Control
was authorized to employ convicts in the cultivation of state lands
not otherwise devoted to state purposes, as well as leased lands.
In Kansas ('05 ch.478) an act was passed providing for a branch
penitentiary and for an oil refinery in connection with it. Thiis
act was later held to be unconstitutional (State v. Kelly, 81
P.4S0) in that it violates the constitutional prohibition against
the undertaking of works of internal improvement by the state.
In North Dakota ('05 ch. 167) an act was passed authorizing
the Capitol Commissioners to utilize convict labor in the erection
of a new Capitol building, and making it the duty of the warden,
when requested by the Capitol Commissioners, to furnish convicts
for this purpose with proper guards and attendants.
In South Dakota ('05 ch.172) the Board of Charities and Cor-
rections was authorized to estabUsh a hard fiber twine and cordage
plant at the State Penitentiary, and also a factory for the manu-
facture of shirts and overalls, for which $76,000 was appropriated.
The price of binding twine is to be fixed by the warden. Board of
Charities and Corrections, Governor and State Auditor, and it^is
to be sold only to firms and actual consumers, residents of the state.
The balance left on hand after May first may be sold without limi-
tation.
In Wisconsin ('05 p.989) the Legislature adopted a joint reso-
lution directing the State Board of Control to make an investigation
of the workings of binder twine plants in prisons in other states
and make report to the Legislature of 1907.
Criminal insane* California ('05 ch. 257) passed an act to establish
a state hospital for insane convicts and certain insane persons
charged with the commission of a felony. It is to be imder the
control of a board of five managers, who shall be members of the
State Commission in Lunacy ; managers to select a superintendent
and other officers, and fix their compensation. $40,000 was appro-
priated.
In Indiana ('05 ch.103) an act was passed providing for the
disposition and custody of a person who becomes insane after con-
124 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I9OS
viction for a crime. When sanity is questioned at time of judg-
ment, it shall be determined by a jury of 12; if found insane, he
shall be confined in a state insane hospital; if afterwards he shall
become sane, he shall be returned to custody of the sheriflE and
judgment be pronoimced.
In Maine ('05 ch.104) an act was passed in relation to insane
persons in the State Prison and in county jails. The Governor is
to appoint a medical examiner for each jail. If after due inquiry
any prisoner be adjudged insane, he shall be committed, if in the
State Prison to the insane department of the prison, if in a county
jail to one of the insane hospitals, to be maintained at the expense
of the town where the prisoner resided at the time of his original
commitment.
In North Carolina, the Supreme Court in re Boyett, 48 S. E. 789
decided that the law of 1899, providing that when a person accused
of murder shall be acquitted on the grottnd of insanity the court
may commit him to the hospital for the dangerous insane, is uncon-
stitutional; that the act providing that a person so committed
shall not be discharged except by the General Assembly is imcon-
stitutional; and that the commitment of persons acquitted of
a capital crime on the ground of insanity to a hospital for the insane,
to be there confined imtil released by the Legislature, is unconsti-
tutional; but that a person so confined can not be released on
habeas corpus if still insane.
In Pennsylvania ('05 ch.247) an act was passed establishing a
state hospital for the criminal insane. $ 10,000 was appropriated
for the site and $150,000 toward construction.
Discharge. In California the sections of the Penal Code relating
to the discharge of prisoners before the end of their terms ('05
ch.480) and providing for discharge of prisoners from penal institu-
tions on Monday ('05 ch.384) were repealed.
In Connecticut ('05 ch.39) the law relating to the release of sick
prisoners was amended so as to provide that any person committed
to jail, becoming sick with a malignant, incurable disease, may be
released by order of the State's Attorney, approved by a judge of
the Superior Court or the coimty commissioners. Formerly only
prisoners committed by a justice of the peace or by the judge of any
police court could be so released.
In Kansas ('05 ch.318) the law relating to paroled prisoners was
amended by providing that the recommendation for final dischaige,
together with the record of the conduct of the prisoner, may be sent
MCLAUGHLIN CORRECTIONS 12$
to the Governor, who, if he approves, shall commute the sentence
and provide for restoration to citizenship. Formerly a prisoner
could not be discharged except by order of the judge who sentenced
him.
In Pennsylvania ('05 ch.3) the proviso prohibiting the imposing
of sentence to expire between the isth day of November and the
iSth day of February was repealed.
In Tennessee ('05 ch.486) an act was passed that convicts shall
receive from |i to 1 5, in the discretion of the Prison Commissioners,
upon their discharge from the penitentiary.
Identification. In California ('05 ch.399) an act was passed to
create a state bureau of criminal identification, the Bertillon, the
Depue and the finger print system to be used; also any system of
measurements adopted in the penal institutions of the state. An
additional act ('05 ch.40^) requires wardens of state prisons to send
to the sheriffs of the state and the bureau of identification, photo-
graphs and descriptions of convicts.
In Massachusetts ('05 ch.4S9) an act was passed providing for the
identification of criminals; photographs, finger prints and measure-
ments of felons to be taken according to the Bertillon system;
records to be kept in the office of the Prison Commissioners.
Indeterminate sentence. In Michigan ('05 ch.184) a general inde-
terminate sentence law was passed: court to impose a minimiun sen-
tence of not less than six months ; the maximtim sentence to be the
maximum penalty provided by law and to be stated by the judge
in passing sentence ; judge also to recommend a maximiun penalty;
minimum term not to exceed one half the maximum term except
when fixed by law; where the maximum sentence may be for life
or any number of years, the sentence to fix both minimum and
maximum term, minimum not to exceed one half the maximum;
authority for parole granted exclusively to the jGovemor in cases
of murder and sundry other specified offenses, and in all other cases
to the Pardon Advisory Board; paroled convicts entitled to good
time, and employment to be secured before parole.
In Oregon ('05 ch.187) an act was passed providing an indeter-
minate sentence for any person convicted of a felony, for which
the maximum punishment does not exceed 20 years. Such prisoner
may be paroled by the Governor at any time after having served
the minimum period provided by law for such offense, but shall
not be imprisoned beyond the maximum term provided by law for
the crime for which he was convicted. Clerks of courts are to send
copy of the record to the Governor; and the superintendent of the
126 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I90S
penitentiary shall make quarterly reports to the Governor of the
conduct of the prisoner; parole may be revoked by the Governor.
Parole. In Indiana ('05 ch.114) an act was passed requiring the
wardens to furnish parole prisoners with $5 in money, in addition
to clothing and transportation, except when such prisoner received
final discharge while away from the State Prison.
In Kansas ('05 ch.316) the Governor was authorized to appoint
a parole officer for the State Penitentiary, to assist in the enforce-
ment of the indeterminate sentence and parole law.
In New Hampshire ('05 ch.67) the law relating to the release
of convicts from State Prison was amended by providing for the
arrest of any convict released on a permit from the Governor for
violation of permit. If the justice of the Superior Court upon a
hearing finds that said permit has been violated, he shall so certify
to the Governor, who shall revoke the permit and the prisoner shall
be remanded to prison.
In New Jersey ('05 ch.232) an act was passed establishing a
parole agent for the State Prison, and defining his duties.
In Oklahoma ('05 ch.13 art. 4) an act was passed providing that
a prisoner sentenced from that territory to a penitentiary in another
state shall be entitled to such parole and to such deduction for
good behavior from his sentence as is allowed by the laws of the
state in which the penitentiary is situated.
In Oregon ('05 ch.177) an act was passed giving to the Circuit
Courts power to parole persons convicted of a felony for the first
time, and to provide for their supervision when on parole.
In South Dakota ('05 ch.144) an act was passed providing for
the parole of convicts in the penitentiary and regulating their con-
duct while on parole, and for their return to prison for violation of
parole. ' Parole is to be granted on recommendation of the warden
and the Board of Charities and Corrections.
In Texas ('05 ch.28) the Penitentiary Board and Board of Par-
dons are authorized to make rules, subject to the approval of the
Governor, for the parole of meritorious prisoners who have served
at least two years and not less than one fourth of their terms. The
prisoner must be recommended by the superintendent, assistant
superintendent and chaplain. The act is to apply only to con-
victs under sentence for a first conviction of felony, except convicts
sentenced for rape, robbery by firearms or deadly weapon, or
murder. Prisoners convicted of such offenses, except rape, may
be paroled after serving 15 years ; murder in the second degree after
serving 10 years.
MCLAUGHLIN CORRECTIONS 12,^
Pardons. In North Carolina ('05 ch.3s6) an act was passed
authorizing the Governor to grant conditional pardons. If any
of the conditions are violated, the convict may be rearrested and
again imprisoned.
In Texas ('05 ch.48) the law relating to the Board of Pardon
Advisors was amended by making it a permanent board of two
members, to be appointed by the Governor and receive a salary
of $2000 each. The board is to have an office in the Capitol, and to
examine and make recommendations to the Governor on all applica-
tions for pardon, giving special attention to those of long service
who have no means for getting petition before the Governor.
In Wyoming ('05 ch.56) an act was passed constituting the
State Board of Charities and Reform a Board of Pardons of which
the Governor is to be president. It is to meet every three months,
to investigate applications for pardon and make recommendations.
Probation. In California ('05 ch.579) the law relating to pro-
bation was revised and remodeled. The Superior Court is to appoint
a probation committee of seven in each county, to hold office for
four years without compensation. Probation officers and deputies
are to be appointed by the committee subject to the approval of
the Superior Court. The terms of the officers are to be two years,
and they are to serve in all courts having criminal jurisdiction.
The act relating to the parole of prisoners was amended ('05 ch.i66)
by providing that after investigation by probation officer, and
report by him, the court may place the defendant upon probation
in charge of probation officer, with execution of sentence of fines
suspended. Probation may be revoked and judgment pronounced.
In Connecticut ('05 ch.142) the act relating to the appointment
of probation officers was amended by providing that probation
officers shall have opportunity to confer with the accused before
his arraignment, and by authorizing suspension of sentence and
probation in any case (formerly in cases of misdemeanor only).
In cities over 50,000, probation officers to receive not exceeding
$4 a day, in other cities and towns not exceeding $3. Any justice
of the peace is authorized to appoint a probation officer pro tempore.
In Maine ('05 ch.346) an act was passed to provide a probation
officer for Cumberland county. The officer is to be appointed by
the municipal court of Portland on approval of the Superior Court,
with a term of two years and salary of $1000.
In Massachusetts ('05 ch.338) an act was passed providing for
the appointment of female probation officers for the mimicipal
courts of certain districts of the city of Boston. The law relating
128 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
to the suspension of sentence in criminal cases, and the placing of
defendants on probation, was amended ('05 ch.338) by extending
the power to suspend sentence and place on probation to police and
district coxirts, and making it applicable to defendants sentenced
to imprisonment as well as to those sentenced to pay a fine.
In Michigan ('05 ch.32) the act relating to probation officers
was amended by adding a clause authorizing the court whenever
satisfied that the respondent has reformed and will not thereafter
pursue a life of crime, to terminate his probation and discharge hirn
from custody.
In New Jersey ('05 ch. 203) the law relating to probation was
amended by providing that a person convicted of desertion or
nonsupport of wife or child may be placed upon probation; the
order for weekly support, however, not to be suspended. Fines
and penalties paid by the defendants are to be used for the benefit
of wife or child.
In New York ('05 ch.656) the act in relation to probation officers
was amended by providing that they may receive compensation
when allowed by municipal ordinance, and authorizing municipal
boards to compensate such officers. The amendment further
provides that when a child under 16 is arrested in any part of the
state (formerly in a city of the first class only) charged with any
offense except a felony (formerly sundry minor offenses) the per-
sonal recognizance of the parent, without security, may be accepted
for such child's appearance for trial. A law was passed ('05 ch.714)
authorizing the appointment of a commission of 15 members to
inquire into the operations of the probation system in the state
and report to the Governor with recommendations.
Pillory. In Delaware ('05 ch.213) standing in pillory as a punish-
ment for crime was aboUshed.
New York State Education Departtnent
New York State Library
REVIEW OP LEGISLATION I905 LEGISLATION BULLETIN SQh
Libraries Asa Wynkoop
Printing and Records Adelaide R. Hasse
Bibliographic Notes T. L. Cole
LIBRARIES*
ASA WYNKOOP, NEW YORK STATE LIBRARY
In 1905 legislative sessions were held in 41 states and territories,
of which 29 passed general laws directly affecting library interests.
Almost uniformly the new laws aim to make more liberal provision
for library work or to remove legal difficulties in the way of its ex-
tension. In only one case was there a decrease in the amount of
money appropriated for Ubrary purposes, while ini9 cases increases
were made. One new library commission was created and four
others were enlarged either in fimction or scope. Provision for
the founding and support of libraries was made more liberal in the
case of seven states. Traveling library work was enlarged by in-
creased appropriations in two states, and in one legal provision was
made for the appointing of local boards to receive and administer
such Ubraries. To provide better facihties for library education,
one state established a permanent school of library science under
the direction of the state commission, and another made legal pro-
vision for the conducting of library institutes. In some form or
other the state Ubrary has received mention in the laws of nearly
all the states and territories, and in 16 cases provision is made for
enlarged work, additional fxmctions, or improved equipment.
School libraries also received much attention, especially in the
South and newer West, where the public library is still in its infancy.
In several states minute provision is made for the care and distribu-
tion of state documents, giving evidence of a widespread awakened
sentiment on this subject. The act that makes the greatest inno-
vation in library policy is that of Illinois, making provision for the
^ See also Governors Messages and Index of Legislation, 235a.
l«9
130 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I9OS
compulsory establishment of a library pension fimd in cities of a
certain size. On the whole, the trend of Hbrary legislation during
the year indicates that there is no cessation of pubUc interest in the
library movement, and that Legislattu^es are almost uniformly dis-
posed to help along the movement so far as lies in their power.
The following gives a summary of the more important acts of the
year.
Library commissions. A new state commission is created in
Oregon, composed of the Governor, the Superintendent of Public
Instruction, the President of the State University, the Librarian
of the Portland Library; and one other person to be appointed by
the Governor. The commission is to advise in all Ubrary matters,
maintain a system of traveling hbraries, publish lists and circulars,
conduct a stmmier school of library instruction, and maintain a
clearing house for periodicals. $2000 is appropriated for the pur-
poses of the commission, $1200 of which is for salary of secretary.
Michigan makes it the duty of the state commission to maintain
library institutes, and makes a special appropriation for that work.
Wisconsin further enlarges the work of the commission by establish-
ing a permanent school of Ubrary science under its care, and by
making the secretary of the commission a member of the commission
for supplying books and periodicals to the schools of the state.
Founding, government and support. Illinois and Kansas each
provide that on petition of 50 legal voters, a vote must be taken on
the subject of establishing and maintaining a public Ubrary. In
Illinois, the act appUes to aU towns, villages or townships ; in Kansas,
to aU cities. The maximtun tax rate for suchUbraries is fixed at 2
mills on the doUar in Illinois ; at 2 mills in cities of the first class in
Kansas, at 3 mills in cities of the second and third class. Library
boards in Illinois are to consist of six members, two going out of
office each year.
Nebraska passes an act enabUng cities of 100,000 population to
estabUsh and maintain Ubraries, art galleries and mtiseums, provide
grounds for btdldings, and receive donations and bequests for the
same. Wisconsin permits the estabUshment of pubUc Ubraries and
reading rooms in any city, village or town, repealing the law that
limited this privilege to towns of over 1000 population. Tennessee
provides that a city of 6000 or over may estabUsh a free library and
reading room, by vote of the mayor and city council. The former
law limited this privilege to cities of 20,000 poptdation or over. In
New Jersey, common councils are authorized to appropriate $1000
to estabUsh or aid a pubUc Ubrary or reading room in any city. Any
WYNKOOP LIBRARIES I3I
borough, town, township or village, after majority vote in favor,
may raise by taxation $1000 annually for public library and reading
room. In Pennsylvania, boroughs are authorized to contract for
free use of nonsectarian public libraries, the amount to.be appro-
priated for such a contract not to exceed a tax of i mill on the dollar.
In Michigan^ township and village boards are authorized to appoint
provisional library boards to act during the interval before perma-
nent boards are elected by the people. Permanent boards are to
consist of six persons, two to be elected annually. Rules for the
management of township and district libraries are to be prepared
and printed by the Superintendent of Public Instruction. In Cali-
fornia a new law requires that boards of public Ubraries in mtmici-
palities must meet at least once a month. Connecticut provides that
any town, borough or city may appropriate money for either a site
or the maintenance of a free library, whether it be the property of a
private corporation or of the municipality, such appropriation to be
for a term not exceeding 10 years. Minnesota has raised the max-
imum tax for libraries, in villages or cities of less than 50,000 popu-
lation, from i) to 2 mills on the dollar^ Contracts to loan books to
any neighboring town, city or village, regardless of county lines,
are authorized.
The Grovemor of West Virginia recommended in his message the
passage of a law providing for (i) the creation of a board of library
commissioners; (2) the giving of every civic division of the state
power to levy taxes for the establishment and support of public
libraries; (3) a system of subsidies fnom the state to free public
Ubraries, the maximimi for any library being $300 a year.
Traveling libraries. Wisconsin provides for the appointing of
library boards to have the care of traveling libraries, belonging to
the county or state systems, such boards to supersede the volimtary
organizations which have heretofore received and cared far traveling
libraries. They are to be appointed by the village or town trustees.
Kansas authorizes its Traveling Library Commission to appoint a
secretary at a salary of $1200 a year, and an assistant at $600.
Colorado increases its appropriation for traveling libraries from
$1000 a year to $1500.
Lib|:ary instruction. A summer school for library study is es-
tablished by Oregon and put under the charge of the state com-
mission. Michigan makes legal provision for the conducting of
library institutes, and appropriates $3000 for this work and the or-
ganizing of libraries. The summer school heretofore maintained by
132 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
the Wisconsin Free Library Commission has been nMtde into a per-
manent school of library science, an additional appropriation of
$3500 a year being made for this purpose.
State library. Pennsylvania has set apart the "executive build-
ing" for the uses of the State Library, to be occupied as soon as the
new Capitol shall be ready for government officers. The scope of the
library is extended so as to include a musetmi illustrating the botany,
natural history and geology of the state. $20,000 is appropriated
for the maintenance of this museum. The State Librarian is to
have charge of the editing and distributing of the state archives.
The library is hereafter to be open from 9 a.m. to 9 p.m. instead of
fi-om 9 a.m. to 3 p.m. as before. The Governor's message called at-
tention to the increased demands upon the library from those in-
terested in hereditary societies and research and suggested that a
fee of $2 be charged by the Librarian for each certificate given.
Connecticut provides for the printing annually of 2500 copies of
the State Librarian*^ report, and requires that one original copy of
all reports of legislative committee hearings transcribed by the
stenographer for the use of the committee, shall be furnished to the
State Librarian. The Grovemor in his message urged the need of a
distinct fireproof building to house the more valuable treasures of
the library. The Oregon State Library is placed imder the exclu-
sive control of justices of the Supreme Court. The Librarian mtist
reside at the seat of government and give a bond of $1000. Mon-
tana permits books belonging to the historical and miscellaneous
departments of the State Library, other than reference books, to be
loaned to citizens of the state, on suitable guaranty. South Da-
kota defines the State Library as "consisting of the library of the
State Historical Society, and the miscellaneous collection of lx)oks,
papers and doctmients hitherto in the custody of the Secretary of
State, exclusive of the library of the Supreme Court." The secre-
tary of the State Historical Society is made the State Librarian.
Nevada appropriates $40,000 from the State Library fund for the
erection of a State Library and Supreme Court building. Better
facilities for the territorial library were recommended by the Gov-
ernor of Oklahoma in his message to the Legislature. The Governor
of West Virginia urged the adoption of a systematic plan for the
classification and preservation of the state archives. Substantial
increases in the appropriations for state library equipment are shown
by the states of Maine, Vermont, Massachtisetts, Indiana, Minne-
sota, West Virginia and Georgia, and the territory of New Mexico.
Increases in salary are made by Rhode Island, West Virginia,
Missotiri, Kansas and Oregon.
WYNKOOl^ LIBRARIES 133
School libraries. Connecticut provides that the State Board of
Education may furnish books and apparatus for public schools at
county temporary homes, and appropriate $io to each such school
for this purpose. Wisconsin makes provision for a mutual exchange
of books between any public library and the school library of any
town, village or city. The act also reqtiires that hereafter books for
school Ubraries shall be selected by county superintendents instead
of town clerks. South Carolina provides that when $io shall b^
raised locally for establishing a public school library, or $5 for the
enlargement of such library, the state board shall in each case give
a like sum for the same purpose; appropriations are limited to 25
schools a year in any one county. Jn Oregon, counties of less than
100,000 population are required to levy a tax of 10 cents for each
child between 4 and 20 years, for school libraries, to be distributed
to districts according to the number of school children. Books are
to be bought from lists prepared by the State Library Commission,
and loaned under their rules. County superintendents are to ap-
point librarians and keep complete records of books bought and
prices. Montana establishes a fimd for books for school libraries,
but provides that in districts other than cities, maintaining a free
public library and having a population of 2000 or over, such library
money may, in the discretion of the school trustees, be used for
paying current expenses of the schools.
Documents. Vermont requires the State Librarian to distribute
specified state documents to state normal schools, high schools and
academies ; to the clerk of each organized town ; to each register
of probate; to each Supreme Court and United States district
judge; and to the libraries of the University of Vermont, Middle-
bury College, Norwich University and the Rutland Bar Association.
Pennsylvania transfers the custody of public documents, except the
pamphlet laws and the legislative handbook, from the Secretary of
the Commonwealth to the State Librarian, for such distribution as
may be required by law. Indiana increases the number of copies
of state publications that are to be delivered to the State Librarian
from 150 to 200. In Kansas, the State Librarian is required to ex-
change state reports with other states, territories, societies and
institutions. Washington provides that 300 copies of each volume
of state reports be delivered to the State Library for distribution,
remainders to be kept by the library.
Miscellaneous. In New Jersey, all books belonging to a city
having a public library may be transferred to that library by the
board having them in charge, all responsibiUty of such boards
134 N. Y. STATE LIBRARY REVIEW. OF LEGISLATION I905
ceasing with the transfer. By special act, New York authorizes the
board of estimate and apportionment of New York City to contract
with the three public libraries of the city, binding the city to repau:
and make good any damage to library buildings erected by the
Carnegie gift ; the board is also authorized to provide at city ex-
pense an original stock of books for any such new library building
where no stock of books exists. In Illinois, cities of 100,000 pop-
ulation are required to establish a pension fund, to which library
employees may contribute each month for 10 years a percentage of
their salaries, and receive benefits on and after their retirement at
the age of 55 years, or after 20 years of service; in the latter case,
payment for five years will be sufficient. Illinois also increases its
annual appropriation to the State Historical Library from $3500 to
$5000, and gives $2000 for expenses of the annual meeting of the
State Historical Society. Indiana makes the wilful injuring of any
public library property punishable by a fine of from |io to $100.
Wisconsin extends the operation of the free public lectures act,
enabling boards of education to make appropriations for lectures to
be given at public libraries. The appropriation for the Legislative
Reference Department of this state is increased from $2500 to $4500.
Special attention was called in the Governor's message to the work
of this department, the scope of which he said was to be enlai^ged
in the near future so as to include the drawing up of such bilk as
legislators may desire to present to the Legislature. Minnesota pro-
vides that deposits made with clerks of District Courts as security
for fees in any action pending, which shall not be repaid within three
years after the action has terminated, shall become the property of
the law library of the coxmty, if there be one. Kansas appropriates
$500 for purchasing books for the library of the State Penitentiary.
California requires boards of trustees of public libraries to make
annual reports to the legislative body of their municipality, and to
send annually a copy of such reports to the State Library.
PUBLIC PRINTING AND RECORDSt
ADELAIDE R. HASSE, NEW YORK PUBLIC LIBRARY
Public printing. New York, Pennsylvania and Massachusetts
are the heaviest publishers among the commonwealths. Any
general law, therefore, affecting the system of printing and binding
obtaining in any of these states is a matter of some importance
to the other states. During the session of 1905 New York and
Pennsylvania each passed such a law. The former state enacted
a provision ('05 ch.760) that hereafter bids for contracts of state
printing are valid only upon satisfactory report on the facilities
afad equipment of bidders by two inspectors appointed by the
State Printing Board. Pennsylvania ('05 ch.i) provides for
contracts for the state printing quadrennially renewable beginning
February 1905. Under the same law there is created a department
of printing and binding charged with the execution of the printing
and binding contracts of the commonwealth. The Superintendent
of the department is appointed by the Governor for a term of four
years at a salary of $3000, and is allowed a staff of three assistants.
He is given power to reject the work of contractor and to hold up
orders for printing from heads of departments. Appeal from his
decision may be laid before the Governor. Under the terms of
the contract the commonwealth supplies all paper but no binding
materials. Appended to the law is a schedule of rates for printing
and binding. The same state passed, on April 17, 1905, a law to
regulate the publication, binding and distribution of public docu-
ments. Copies of doctmients the distribution of which is not
otherwise provided for are to be deposited with the State Librarian
for general distribution.
Kansas ('05 ch.477) created a state printing conmiission with
supervision over the entire state printing, legislative as well as
departmental. The State Printer, who is at present elected by
the Legislature in jo'nt session, is in control of the state printing
plant estalDlished under '05 ch.476, together with printing and
binding stock. The purchase of the latter is made by the State
Printer. Printing is executed upon requisitions from heads of
departments honored by the printing commission. Thi§ body,
composed of the Secretary of State', the Attorney General and the
State Printer, exercises a check both on the requisitions of the
heads of departments and on the purchasing power, of the printer.
^See also Governors Messages and Index of Legislation, 67 and 2363.
1.15
136 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Connecticut ('05 ch.6o) makes a fixed annual appropriation for
printing and distribution of documents. This law gives to the
Board of Control the entire supervision over the printing of oflSdal
and departmental reports other than those issued under authority
of the General Assembly. Section 2 of this law especially provide
for the republication of extracts of reports or the publication of
special reports on the condition that the Board of Control shotild
deem such issues to be of practical utility. The Pennsylvania law,
already quoted, prohibits such issue unless expressly authorized
by law,
Washington, comparatively a limited publisher, created the
office of Public Printer ('05 ch.i68). This officer is. appointed by
the Grovemor to hold office at his pleasurcf. He is to supply all
paper, stock and binding material, charge the same to the state and
to render to the Governor an accoimt of consumption: Authorities
requiring printing and binding to be done are to make requisition
on the Governor therefor. This requisition must accompany the
printer's bill, which is paid on auditor's warrant only after having
been audited by the Secretary of State. Sections 6-8 of the law
determine the rates of printing and binding.
Maine ('05 ch.155) abolished the office of Public Printer, and
authorized the Governor and Council to contract for the state
printing on the basis of competitive bids. This state also provided
('05 ch.138) for general retrenchment in the printing of department
reports, and fixed the ntmiber of copies of the collected doctmients
at 75. Wisconsin, too, retrenched in the matter of printing
('05. ch.65), considerably reducing the niunber of copies of many
departmental reports.
Missouri increased the number of copies of her legislative manual
from 13,000 to 25,000. Texas ('05 p. 400) provided for the printing
of 300 copies of a legislative manual.
Pennsylvania ('05 ch.174) authorized- the transfer of all accumu-
lated documents in the office of the Secretary of the Common*
wealth to the State Librarian for disposition.
A unique publication is that provided by Massachusetts, resolve
2, 1905, viz: the Bulletin of Committee Hearings. The joint
committee on rules appoints a paid editor for this bulletin, which
is sold at $2 a year.
History. Records. Memorials. 96 laws relating to historical
societies or commissions, public archives, preservation of scenic and
historic places and to the erection of monuments were passed
during 1905 by 31 states. Pennsylvania heads the list with xa acts,
BASSE PUBLIC PRINTING AND RECORDS 137
and is followed by Massachusetts with 8, Vermont, Wisconsin and
Illinois with 6, Maine and New Jersey with 5, Michigan and New
York with 4, Colorado, Delaware, Kansas, Minnesota, North
Carolina and North Dakota with 3 each, Connecticut, Oregon,
Rhode Island, South Carolina, Texas and California with 2 each,
and West Virginia, Nebraska, Montana, Missouri, Florida, Georgia,
Arizona, Indiana, New Mexico and Utah with i each.
Of the general laws the most important are those of West Vir-
ginia ('05 ch.64) establishing a bureau of state archives and history,
and of Delaware ('05 ch.77) establishing a division of public records.
The clause in the West Virginia act pertaining to the collecting of
material is very comprehensive. Quarters are provided in the
Capitol, and the Board of Public Works is made the accounting
authority. An annual appropriation of $2000, exclusive of salary
of the Archivist, for the first two years, is granted.
The Delaware Division of Public Records is composed of six
members appointed by the Grovemor for a period of two 3^ars, the
members serving without compensation. The work of the division
is confined to the classification and cataloguing of all historical
material pertaining toDelaware prior to 1800. There is no appro-
priation for the work, and no provision for collecting material,
although the division is authorized in its biennial report to make
recommendations for the preservation of public records throughout
the state.
Of other special laws on this subject the largest number related
to public archives, scenic and historic places and to montunents
on battlefields and for individuals. The laws relating to pubUc
archives may be divided into two classes, viz: those providing
for reprints and those providing for preservation. Of the former
class it may be noted that the subsidy of the Maine Wills and New
York Deeds is continued. In addition Maine grants $2000 to the
State Historical Society for a reprint of early documents, charters
and other state papers. This reprint is to be published by the
Maine Historical Society in an annual voltune of a series to be
known as the ** Documentary History of Maine.*' Pennsylvania
('05 ch.337) provides for the continuation of her already con-
siderably voluminous Archives. A fixed sum per volume is allowed
the editor of these volumes, of which an edition of 2000 is authorized.
The State Librarian is made the custodian Df the publication. A
second act passed by Pennsylvania on this subject ('05 ch.3Si)
extends the term of service of the commissioners appointed under act
of. 138^7, for the pubhcation ot the province laws of Pennsylvania.
An appropriation of $8000 for two years from 1905 is made.
138 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I90S
Michigan, while ostensibly making a grant of $4000 a year for
1906 and 1907 respectively, to the Pioneer and Historical Society
for the publication of its collections, recoups herself for the outlay-
by incorporating this amount in the state tax. The State Librarian
is made the custodian of the publication.
Kansas, Nebraska and Wisconsin each inade provisioa for the
preservation of historical material. Kansas ('05 ch.jsS) author-
izes the transfer to the State Historical Society of all historical
material not by law required to be kept in state and county offices
as part of the public records, three years after the current use of the
same. A similar act was passed by Nebraska ('05 ch.157). Wis-
consin ('05 ch.135) makes a minor amendment to her act of 1897
providing for the establishment and maintenance of historical
museums in cities of the first and second class. The laws of the
last session of Hawaii have not come to hand, but from private
correspondence it is learned that the LrCgislature at its last session
provided for a board of public archives. The duties of the board
are the collection and classification and future preservation of the
archives of Hawaii. The archives consist of a large nimiber of
docimients of a heterogeneous nature, and extend back to the latter
part of the 1 7th century. A building is now being erected to house
these documents.
Of the remaining legislation growing out of the awakened appre-
ciation for historic associations, that which relates to scenic and
historic places and to local memorials is the most interesting. The
most interesting because it expresses more genuinely a respect for
the past than does legislation which is the outcome of some general
patriotic movement. Of the former class of legislation may be
mentioned the act of California providing for the acquisition of the
Sonoma mission, the Fort Ross property and of the landing place
of Fra Junipero Serra. Title to these properties is transferred to
the state by W. R. Hearst, trustee of the Landmarks Fund. The act
of California receding to the federal government the Yosemite
Valley and the land embracing the Mariposa Big Tree Grove is
generous, and will tend to preserve the grandeur of these terrains
from the vandalism of tourists. Colorado provides for a state park
to be located in Yuma county ('05 ch.78). Georgia passed an act
('05 p. 1255) looking to the conversion into a public park of the well
known resort adjacent to Tallulah Falls.
An interesting commemoration is that whereby Kansas ('05
ch.6s) provides for the marking of the Santa Fe trail. Another
intimately local act is that whereby Minnesota provides ('05 ch.x5Q)
HASSE PUBLIC PRINTING AND RECORDS 139
for the determination of the site where Alexander Ramsey made the
treaty with the Sioux in 185 1. Oregon authorizes the purchase of
lands ('05 ch.i8) to properly inclose the monument already erected
to memorialize the organization at Old Champoeg in 1843, of the
first civil government west of the Rocky mountains. Pennsylvania
provides for the acquisition of additional land by the Valley Forge
Commission ('05 ch.87). Texas ('05 ch.7) appropriates $65,000
for the preservation of the Alamo church property and for the
acquisition of such parts of the Alamo mission not already state
property.
BIBLIOGRAPHIC NOTES ON SESSION LAWS, REVISIONS,
AND CONSTITUTIONAL CONVENTION PUBLICATIONS
January i to December 31, 1905
T. L. COLE, STATUTE LAW BOOK CO., WASHINGTON, D. C.
Session laws
Sessions were held during the year, beginning in the months
stated (all in 1905 except as stated) and printed in the number of
volumes stated, in the table following:
STATES AND
TERRITORIES
REGULAR
ANNUAL
REGULAR
BIENNIAL
EXTRA
OR SPECIAL
NO. OP
VOLUMES
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Kansas
Kentucky
Maine
Massachusetts...
Michigan
Minnesota
Missouri
Montana
Nebraska
Nevada
New Hampshire.
New Jersey
New Mexico
New York
North Carolina. . .
North Dakota.. .
Oklahoma
Oregon
Pennsylvania....
Porto Rico
Rhode Island....
South Carolina..
South Dakota...
Tennessee
June.
January.
January. . .
January . . ,
January .
January.
January.
January.
] anuary.
January.
January.
] anuary .
January.
April....
February.
January. .
January. .
January..
January..
January.
January.
] anuary.
] anuary.
] anuary.
'anuary.
] anuary.
January.
January.
anuary.
anuary.
January,
[anuary.
January.
January,
anuary.
Dec. 1904.
January.
June.
140
COLE BIBLIOGRAPHIC NOTES
Session laws (continued)
141
STATES AND
TBRRITORIBS
REGULAR
ANNUAL
REGULAR
BIENNIAL
EXTRA
OR SPECIAL
NO. OF
VOLUMES
Texas
Utah
Washin^on . . .
West Virginia.
Wisconsin....,
Wyoming.... .
January. . .
anuary. . .
aliuary.. .
.anuary. . .
] anuary.. .
January.. .
April (called)
February . .
December.
I
z
I
4a states and terri-
tories
34
49
a Public IV. and Special zv.
h Public IV. and Local iv.
c Public IV. and Private iv.
d General iv. and Special iv.
9 General (both sessions) iv. and Special (both sessions) iv.
Revisions, compilations etc.
California. Deering's Supplement (1905) to Pocket Codes 1903.
IV. (or s pamphlets). Unofficial. ^
District of Columbia. Code as amended to March 3, 1905. iv.
Official.
Illinois. Kurd's Statutes 1905. iv. Unofficial.
Indiana. Bums' Supplement (to 1905 inclusive), v.5. iv. Un-
official.
Kansas. Dassler's Statutes (to 1905 inclusive), iv. Unofficial.
Minnesota. Revised Laws 1905 (to 1903 inclusive), iv. Official.
Nebraska. Supplement (1905) to Cobbey's Annotated Statutes.
IV. Unofficial.
Brown & Wheeler's Statutes (to 1905 inclusive), iv. Unofficial.
New York. Unofficial f
Revised Statutes, CJodes and General Laws; with notes, index
and table by Clarence F. Birdseye. v.4 (supp. to 3d ed.)
1902-5. 1905.
Code of Civil Procedure, as amended by G. Chase. 1905.
Annotated CJode of Civil Procedure, with amendments to the close
of the Legislature of 1905, by Frank B. Gilbert. 1905.
Code of Civil Procedure, by Amasa J. Parker jr; revised by
Albert J. Danaher. Ed.5. 190^.
aSuppHed by the New York State Library.
142 N. Y. STATE UBRARY REVIEW OF LEGISLATION I905
Parson's Code of Civil Procedure, by J, C. Thomson. Ed.30.
1905.
Supplement to Stover's Annotated Code (1902-5 inclusive) by
A. J. Parker jr. 1905.
Code of Criminal Procedure and Penal Code as amended; ed. by
L. R. Parker. 1905.
Code of Criminal Procedure and Penal Code as amended (1S93-
1905 inclusive). £d.24. 1905.
Code of Criminal. Procedure and Penal Code, including amend-
ments of 1905 by C. D. Rust. Ed. 19. 1905.
Code of Criminal Procedure and Penal Code as amended; ed.
by J. T. Cook. 1905.
General Index to Laws 1777-1901, by A. E. Baxter. 3V. 1905.
Official.
North Carolina. Revisal 1905. 2 v. Official.
Ohio. Laning's Statutes (to 1904 inclusive). 2 (or 3) v. Un-
official.
Bates' Statutes (to 1904 inclusive), ed.5. 3V. Unofficial.
Pennsylvania. Purdon's Digest (to 1905 inclusive). Ed. 13. 4V.
Unofficial.
Texas. Supplement to Sayles' Civil Statutes (1899 to 1905 inclu-
sive). IV. Unofficial.
Supplement to Wilson's Criminal Statutes (1897 to 1905 inclusive).
IV. Unofficial.
Constitutional conventions
No constitutional conventions were held during 1905.
Connecticut. A proposed amendment in the form of a revised Con-
stitution was referred by the Legislature of 1905 to the next
Legislature in accordance with the provision of the present
Constitution.
Michigan. The Legislature of 1905 submitted to popular vote in
April 1906 the question of calling a constitutional convention.
The proposition to hold a convention was adopted.
New York State EducaUon Department
ITew York State Library
REVIEW OF LEGISLATION 1905 LEGISLATION BULLETIN S^i
STATE GOVERNMENT, LAWMAKING AND ELECTIONS*
C. E. MERRIAM PH.D., ASSISTANT PROFESSOR OP POLITICAL SCIENCE,
UNIVERSITY OF CHICAGO
Constitutioiis
No new constitution was framed in 1905. Connecticut referred
to the Legislature of 1907 a proposed revision ('05 p.553) and
Michigan passed a resolution for a constitutional convention, sub-
ject to popular approval in 1906 ('05 ch.325). Governor Murphy of
New Jersey recommended a constitutional convention, but his view
was not taken by the Legislature.
Some 17 constitutional amendments were adopted, and 11 either
were rejected by popular vote or were defeated by failure to pass the
Legislature a second time, in states where this is required. Of
the amendments adopted, six centered around the subject of finances
and involved questions of borrowing and taxation ; four authorized
state aid of highways or special legislation regarding road con-
struction; three amendments touched upon elections, one author-
izing the use of voting machines, and the other two changes in the
date of local elections ; three of the amendments affected the salary,
tenure of office or powers of the judiciary. Finally, a New Yorlc
amendment empowered the state Legislature to regulate wag6s,
hours and conditions of labor employed by the state or any civfl
subdivision, or on any public contracts.
Of the amendments defeated, four were rejected by popular vote
and the others failed to secure favorable action from a second
Legislature or lapsed through lack of provision for submission to the
people. Of the defeated amendments, three were concerned with
suffrage, the Maryland amendment eliminating the negro vote, the
Oregon amendment granting women the suffrage, and Kentucky's
proposed change to viva voce voting; two others proposed modi-
fications of the system of representation in the state Legislature.
A home rule charter amendment was lost in Oregon and the state
^See also Governors Messages and Index of Legislation, 15.
144 NEW YORK STATE LIBRARY REVIEW OF LEGISLATION I9OS
referendum and state operation of public utilities in Nevada.
Sixty-five amendments are now awaiting action either by the people
or by a second Legislature.
Several changes were made in the direction of greater publicity
regarding amendments voted on by the people. Florida provided
('05 ch.34) that constitutional amendments shall be displayed at the
voting precincts on election day, and Michigan ('05 ch.23), South
Dakota ('05 ch.72) and Wisconsin ('05 ch.360) for publication
of amendments so as to facilitate general knowledge of the pro-
posed measures. In Michigan at least 10 copies of the amend-
ment, two each in T)utch, German and Polish, and four in English,
must be posted conspicuously in each polling place. Idaho ('05
p. 3 11) and Maine ('05 ch.135) required the use of a separate ballot
on which constitutional amendments must be submitted.
State government
Governor. No especially notable change was made in the power
of the governor in 1904. A few points are worthy of comment,'
although not very significant. In Rhode Island ('05 ch.1220) the
governor was empowered to remove justices of the peace and
notaries, provided the officer is given a copy of the charges against
him and afforded an opportimity to be heard in his defense.
In Wyoming the governor was authorized to remove any
officer appointed by him for any reason deemed sufficient, pro-
vided the reasons for removal are filed in the office of the Secretary
of State (*o5 ch.59).
A distinct tendency to increase the salary of the governor is evi-
dent in three states. In Delaware the compensation of the execu-
tive was raised from $2000 to I4000 ('05 ch.6i) ; in Florida from
I3500 to I5000 ('05 ch.102); in Maine from $2000 to I3000 ('05
ch.56); in California a proposed constitutional amendment
advances the governor's salary from|6ooo to |xo,ooo ('05 p. 1073).
The desirability of granting the governor power to veto specific
items in appropriation bills was urged by the governors of Michigan,
Oklahoma and Oregon, but no steps were taken in this direction.
The most significant changes in the governor's position were those
effected by the large increase in the appointing power of the execu-
tive. Of the himdred new boards or offices created, the appoint-
ment of practically all was vested in the governor, thus widening the
circle of his influence. On the other hand, the civil service laws of
Illinois and Wisconsin tended to restrict the nimiber of offic^
controlled by the governor.
MERRIAM STATE GOVERNMENT AND ELECTIONS. 145
Minor officers. Among the minor ofl&ces, that of attorney gen-
eral attracted most attention. In Vermont the office of attorney
general was created ('04 ch.57); in Maine ('05 ch.162) and Minne-
sota ('05 ch.227) the powers of this officer were materially increased.
In Minnesota it was provided that the attorney general shotdd on
application give his opinion in writing to county, city, village or
town attorneys on ''questions of public importance" and on school
matters on application of the state superintendent; and on all
school affairs his opinion is made decisive, until the point in dispute
is determined otherwise by the courts ('05 ch.227). Upon appli-
cation of the county attorney he may appear in criminal cases in the
district court. In Maine the attorney general was authorized to
advise county attorneys and assist them in treason and murder
cases. In Colorado ('05 ch.76) and Georgia ('05 p.94) the salary of
the attorney general was increased; and in Pennsylvania was fixed
at |i2,ooo in lieu of miscellaneous compensations ('05 ch.237). A
deputy attorney was provided in Delaware and Missouri ('05 ch.63 ;
'OS P.So)-
Considerable legislation was enacted regarding the salaries of
minor officers. In California and in Oregon the retention of fees
by state officers was forbidden (Cal. '05 ch.229; Or. '05 ch.68); in
Vermont ('04 ch.i68) reporting of all fees was required. In Con-
necticut a joint committee was appointed to investigate salaries
and compensations of officers in the Capitol building ('05 special
acts, ch. 135). The governors of Maine, New Jersey, Oregon
and Pennsylvania imited in condemning the fee system of pay-
ment and demanding the adoption of a fixed salary.
Civil service. Two important civil service laws were passed in
1905, in the states of Illinois ('05 p.113) and Wisconsin ('05 ch.363).
The scope of the Wisconsin law is much broader than that of the
Illinois statute. In Illinois the law applies only Mo the charitable
institutions of the state; in Wisconsin practically all appointive
state offices are included. The exceptions are members of educa-
tional staffs, superintendents or wardens of institutions, and legis-
lative officers. In 'Wsconsin, moreover, a noncompetitive exami-
nation is required of all employees as a condition of continuance for a
longer period than six months.
Removal may be made under the Illinois law for "just catise and
for reasons given in writing to the commis?r#a." These reasons
must be of a character such as will "promote the efficiency of the
service." The accused is allowed an opporttinity to answer the
146 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I90S
charges preferred against him, and both charges and answer are
placed on record. A similar provision is fotmd in the Wisconsin
law.
In both systems the administration of the law is vested in a com-
mission of three members, appointed by the governor for a term of
six years. In Illinois these ofl&cers are paid I3000 a yesLv; in Wis-
consin, |io a day, not to exceed liooo a year. The details of ad-
ministration are much more minutely marked out in the Wisconsin
statute than in that of Illinois, and the rules of the Wisconsin com-
mission are subject to veto by the governor.
With the establishment of these two sjrstems, there are now state
civil service laws in four commonwealths, namely, Illinois, Massa-
chusetts, New York and Wisconsin. The .governors of Colorado
and Kansas recommended the adoption of such a system, but no
legislation was forthcoming in those states.
Minor changes in civil service provisions were made in Massa-
chusetts ('05 ch.343) to the effect that employees may be sum-
marily suspended for 30 days from the classified service, and that
Civil War veterans are not to be lowered in rank or compensation
except after a hearing and on charges preferred ('05 ch.150). In
Florida acceptance of rewards by officers was prohibited, except that
police officers may accept a reward for the apprehension of criminals
('05 ch.45). In the cases of the powers of removal conferred upon
the governors of Rhode Island ('05 ch.1220) and Wyoming Cosch.59)
it was stiptdated in each case that charges against the officer so re-
moved must be placed on file.
New officers and boards. The year 1905 was marked by great
activity in the creation of new agencies of state government. Some
IQ4 new offices and boards were authorized in the various states.
In 1903 the number was 140, including 10 boards made up of already
existing state officers, and in 1904 was 40. Analysis of these new
branches of government shows that the development follows the
same general lines as in the last few years. Agriculture, public
health, finance, industry, charities and education, are the main
subjects with which such legislation deals.
Agricultural interests were represented in many instances. Six
boards for the examination of veterinarians were provided in the
-states of Connecticut ('05 ch.183), Indiana ('05 ch.98), Maine ('05
ch.17), Missouri ('05 p. 209), Nebraska ('05 ch.97) and Tennessee
('05 ch.76), while Nevada authorized the appointment of a state
veterinarian ('05 ch.135). Live stock boards were created in
Idaho ('05 p.39) and South Dakota ('05 ch.133), a dairy commis-
MERRIAM STATE GOVERNMENT AND ELECTIONS I47
sioner in Missouri ('05 p. 133) and a state dairy, food and oil com-
mission in Wyoming ('05 ch.49). A significant step was the pro-
vision for state highway commissions or boards in the four states
of Illinois ('05 p.74), Michigan ('05 ch.146), Minnesota C^S ch.163)
and Washington ('05 ch.i74).« Forestry boards were provided in
California ('05 ch.264) and Washington ('05 ch.164), and a game,
fish and forestry department in Tennessee ('05 ch.455). Some-
what related to these were the New Jersey Board of Forest Park
Commissioners ('05 ch.47) and the Utah State Board of Park
Commissioners ('05 ch.34). North and South Dakota created
boards of water commissioners (N. D. '05 ch.34; S. D. '05 ch.132),
Fl©rida a board of drainage commissioners ('05 ch.6),* and New
Mexico a board of control of irrigation ('05 ch.102). The list is
completed by a state board of horticulture in Wyoming ('05 ch.50),
a state grain and warehouse commission in Wisconsin ('05 ch.19),
and a state farmers' institute board in South Dakota ('05 ch.iio).'
Interest in the protection of public health is shown by the laws
providing for the Pennsylvania Department of Health ('05 ch.218) ;
the boards for the examination or registration ,of embalmers in
Massachusetts ('05 ch.473), North Dakota ('05 ch.iii) and Okla-.
homa (*o5 ch.36) ; the boards of osteopathy in Tennessee C^S
ch.25s), New Mexico ('05 ch.68) and Vermont ('04 ch. 134) ; boards
for the registration of nurses in Colorado ('05 ch.136), Connecticut
('05 ch.i2o) and Indiana ('05 ch.46) ; and a state board of pharmacy
in Idaho ('05 p.319). Provision was also made for a general board
of mecjical registration in Vermont ('04 ch.133); in Florida for a
state board of medical examiners to replace the former local boards
('05 ch.55); in New Mexico for a board of optometry ('05 ch.96);
in Michigan for a pathologist ('05 ch. 140)' ; in Delaware for a factory
and workshop inspector ('05 ch.123). Pennsylvania established
a water supply commission ('05 ch.236) and New York provided for
a commission to investigate the sources of water supjply ('05 ch.723).
Numerous agencies of a financial or industrial character were also
instituted. Boards of accoimtancy were formed in Florida ('05
ch. 54) and Michigan ('05 ch.92). In Arizona a public examiner
'Composed of Governor, Comptroller, Treasurer and Commissioner of
Agriculture.
"Consisting of President of Agricultural College and two members of State
Board of Regents. In Connecticut the State Forester was made Firewarden
('05 ch.238); in Idaho, the State Horticultural Inspector was made Bee
Inspector (*o5 p. 170); in Delaware the State Highway Commission was
abolished and a Newcastle cotmty commission created ('05 ch.139).
•In Nebraska the State Board of Health was made State Registrar of
Vital Statistics ('05 ch.98).
148 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
was authorized with power to inspect local accounts ('05 ch.40),
while in Idaho the State Insurance Commissioner is made state
examiner for a similar purpose ('05 p.386). In Delaware a board
of state supplies was provided for ('05 ch.82).* In Michigan a state
board of equalization was authorized ('05 ch.248)* and the State
Tax Commissioners constituted a state board of assessors of trans-
portation ('05 ch.282); in Washington a state board of tax com-
missioners ('05 ch.ix5); in Nevada a state license and bulUon tax
agent ('05 ch.127); in Wisconsin a treasury agent ('05 ch.490);
in Vermont a board of commissioners in charge of the school fimds
('04 ch.42)' — ^all are concerned with state revenues in various forms.
Supervision of certain industrial activities is contemplated in the
Michigan Board of Commissioners to pass on the securities of savings
banks ('05 ch.262)/ the State Banking Board of North Dakota ('05
ch.165)/ the State Insurance Department of New Mexico ('05
ch.5). Closely related are the Railroad Commissions of Indiana
('05 ch.53) and Washington ('05 ch.8i) ; and in the same group are
included the Oil Inspectors of New Mexico ('05 ch.66) and Wash-
ington ('05 ch.i6i), the Gas and Electric Light Conmiissioners of
New York ('05 ch.737), the Inspector of Weights and Measures in
North Dakota ('05 ch.194). In West Virginia a department of
mines was created ('05 ch.46) and in Wyoming a department of
mining statistics ('05 ch.92).
In the educational field there was also considerable activity. In
Florida the Legislature authorized a board of control of state educa-
tional institutions ('05 ch.13). Boards of law examiners were pro-
vided in Missouri ('05 p. 48) and North Dakota ('05 ch.50). Wis-
consin created a committee to award contracts for books to schools
under the township library law ('05 ch.243).' Oregon added a state
library commission ('05 ch.44),' West Virginia a bureau of archives
and history ('05 ch.64), Delaware a division of public records ('05
ch. 77).' Related to this group are the geological surveys of Illinois
^Consisting of Governor, Secretary of State and Treasurer.
'Made up of a series of state officers, ex officio.
•Composed of state officers, ex officio.
*Made up of Commissioner of State Banking Department, Attorney
General and State Treasurer.
'Consisting of Governor, Secretary of State and Attorney General.
•Consisting of State Superintendent of Public Instruction, Secretary of
Wisconsin Free Library Commission and Attorney General .
'Consisting of Governor of State, Superintendent of Public Instruction,
President of State University and Librarian of Portland Library Association,
•In North Dakota the State Historical Society is made a trustee for the
State ('05 ch. 2 5): in South Dakota the secretary of a similar society is made
State (Librarian ('05 ch.164).
MERRIAM STATE GOVERNMENT AND ELECTIONS I49
Cos P-3o) and North Carolina ('05 ch.542),the Survey Commission
of Oklahoma ('05 ch.35)*and the Entomologist of South Dakota ('05
ch. 131). Under this head might be placed the Public Printers
authorized in Pennsylvania ('05 ch.i) and Washington ('05 ch.i68).
In the list of charitable agencies a number of new offices appear.
A state comndssioner of charities and corrections was authorized by
New Jersey ('05 ch.57); in Minnesota ('05 ch.316) and Michigan
('05 ch.37)' provision was made for employment bureaus in cities of
50,000 ; and in Minnesota the Society for the Prevention of Cruelty
was made the State Bureau of Child and Animal Protection ('05
ch.274). In Kansas the old Board of Trustees of State Charities
and Corrections was replaced by a Board of Control of State Charit-
able Institutions ('05 ch.475). In Wyoming ('05 ch.s6) the Board
of Charities and Reform was constituted a board of pardons.
In the states of Illinois ('05 p. 113) and Wisconsin ('05 ch.363) a
very important step was taken in the provision made for State Civil
Service Commissioners. Of great importance also was the State
Police Department organized in Pennsylvania ('05 ch.227).
Of a general character are the Washington Commission on Uni-
form Legislation ('05 ch.59); the Voting Machine Commissions of
Colorado ('05.ch.101), Minnesota ('05 ch. 267), Nebraska (*o5ch.67)
and Utah ('05 ch.85) ; the three Armory Boards of Pennsylvania
('05 ch.307), Utah ('05 ch.43) and West Virginia ('05 ch.47)»; the
Fair Commissioners of Wyoming ('05 ch.48) and Arizona ('05 ch.
64) ; the Appomattox Court House Conamission of North Carolina
('05 ch.io) and the Capon Springs Commission of West Virginia
('05 ch.65). In Vermont the office of Attorney General was created
('04 ch.57) and in California a bureau of criminal identification
('05 ch.399).
Temporary boards. In addition to these permanent offices, some
54 temporary boards were provided for. Of these there are many
whose duties concern public memorials of some kind; others relate
to various expositions ; others are for the purpose of supervising the
construction of some public building, and the remainder are of a
miscellaneous character. There were also 64 committees or com-
missions appointed for the purpose of making certain special in-
vestigations. Thirteen of these were joint legislative committees;
in other cases conmiissioners were designated by the Legislature,
appointed by the governor, or an investigation required of some
'Consisting of Governor, Attorney General and Secretary of Board of
Agriculture.
^Under direction of Commissioner of Labor.
These armory boudf oonsist of state officers assigned such duty.
150 N. Y, STATE LIBRARY REVIEW OF LEGISLATION I9OS
branch of the state government. These inquiries cover a very-
broad range of subjects. Clams, oysters, lobsters, terrapin,
prisons, probation systems, convicts, charitable institutions of
various types, taxation, railroad rates, gas rates, telephone rates,
irrigation, water ways, water rights are among the topics included.
Institutioiis. Provision was also made for the establishment of 32
state institutions. These include 6 establishments for the insane,
S for the care of tubercular patients, 4 bacteriological laboratories,
4 agricultural schools or experiment stations, and 3 normal schools
Abolition of btards. The number of boards or offices abolished
during 1904 was almost a negUgible quantity when compared with
the large number established. Aside from minor changes in the
process of reorganization, there were only a few offices discontinued,
These were the Board of Examiners of Barbers in Kansas ('05 ch.70),
the State Architect of Nebraska ('05 ch.149), the Silk Commissioner
of Utah ('05 ch.59), and the Florida State Commissioner of Fisheries
Cos ch.59).
Centralization. Evidences of a centralizing tendency in state
administration are apparent in the legislation of 1905. In the first
place, the increase in the state ftmctions of inspection and super-
vision, noted in previous years, continues its tminterrupted course.
This extension is particularly noticeable in the fields of public health
and of industrial relations. The development of state administra-
tive authority over local affairs is also a conspicuotis characteristic
of the year's movement, and there are some cases of consolidation
of state boards.
In Florida a state board of medical examiners takes the place of
the former district boards, eight in number ('05 ch.55). In Penn-
sylvania a department of health has been created, with important
powers over the local authorities ('05 ch.218). Other evidences of a
centralizing tendency are seen in connection with state finances. In
Idaho the State Insurance Commissioner is made State Examiner
with power to enforce a uniform system of bookkeeping upon state
and.cotmty officers ('05 p.386); in Nevada a state license and
bullion tax agent is authorized to examine county tax returns and
inspect the books of mining corporations for taxing purposes ('05
ch.127). In Wisconsin a treasury agent is empowered to collect
the license fees required of transient merchants in that state ('05
ch.490).
By far the most conspicuotis evidence of centralization is fotmd
in the creation of the State Police of Pennsylvania. The force
is to consist of four companies of 57 men each, imder the general
MERRIAM STATE GOVERNMENT AND ELECTIONS I5I
charge of the Superintendent 'of State Police, an officer appointed
by. the Governor for a term of four years. Their duties are to cooper-
ate with the local authorities '*in detecting crime and apprehending
criminals and preserving the law and order throughout the state."
They have all of the powers of a member of the police force or a
constable ; they may make arrests, serve and execute warrants issued
by local authorities, and also act as forest, fire, game and fish
wardens. This step is a highly significant one, as it is a move in
the development of administrative machinery for the enforcement
of state law. New Mexico j('o5 ch.9) also organized a company
of mounted police. At present Pennsylvania, Massachusetts and
Connecticut possess a regular state constabulary for general pur-
poses. Arizona, New Mexico and Texas have a force of State
Rangers for the protection of the frontier and the suppression of
lawlessness. State administrative officers for the enforcement of
some particular branch of state law in localities are by no
means imcommon, as, for example, in South Carolina and New
York, in the case of the liquor law.
Within the state government itself there is some evidence of a
tendency to consolidate. In Kansas ('05 ch.47s) the Board of
Charities and Corrections is superseded by a state board of control.
The membership is decreased from fiye to three, the salary of mem-
bers is increased and broader powers are conferred upon them.
Financial control is centered closely in this board, especially in
the purchase of supplies. In Florida a board of control of
state educational institutions has been organized with jurisdiction
over the University of Florida, the Florida Female College, the
Colored Normal Institute for Blind, Deaf and Dimib ('05 ch.13).
In Wyoming the offices of Register, Chief Clerk and State Land
Inspector have been consolidated in the Commissioner of Public
Lands ('05 ch.36). Consolidation of state boai:^ was suggested
by Governors Roberts of Connecticut and Cutler of Utah, and a
state board of control was recommended by the governors of
Indiana, Kansas and North Dakota.
Conclusion. On the whole, the same general tendencies are at
work as have been noted in previous annual reviews. The multi-
plication of the number of state agencies, agricultural, commercial,
sanitary, educational and charitable in character, goes steadily on.
In round numbers 300 such boards or officers have been created
within the last three years. A development toward consolidation
of branches of state government may be discovered, but this is not
strong enough to afEect the indiscriminate increase of state agencies.
1^2 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
State control over local administration is slowly being worked
out, the creation of a state police force in Pennsylvania and New
Mexico being especially important. The passage of civil service
laws in Wisconsin and Illinois is probably the most significant
event of the year. This legislation indicates a pronotmced tendency
to place state officers tinder the merit system. The recognition of
this principle in the great states of Massachusetts, New York,
Illinois and Wisconsin, where the typical modem tirban and indus-
trial forces are dominant, argues strongly for the future success of
the movement. Finally it should be observed that of these new
offices and boards scarcely any are. made elective, but the power
of appointment is generally vested in the governor of the state.
In this way the great danger of increasing elective offices to the
point where democracy defeats itself is being averted.
Lawmaking
Legislation regarding the structure of the lawmaking bodies
and the nature of the lawmaking process covered a number of
important points during 1905, although no changes of fimdamental
importance were made.
In California ('05 p. 1075) arid Texas ('05 p.412) constitutional
amendments were initiated, providing in each case for the payment
of a fixed salary of |iooo per regular session in place of a daily
allowance of $8 in California and $5 in Texas.
The Rhode Island constitutional amendment ('05 ch.1212)
authorizing a more eqmtable division of representation in place of
the antiquated town system was rejected, and the governors of
Connecticut and Vermont opposed change in the archaic systems
of those states. The defeat of recent attempts to reform the
representative system of Connecticut, New Hampshire, and now
of Rhode Island, indicates the strength of the forces to be over-
come before the principles of equal nimierical representation can
be fully established in the New England States.
Election of United States senators. The Legislatures of Kansas,
Missouri, Montana, Nevada and Tennessee requested Congress to
call a constitutional convention to consider the election of United
States senators by popular vote. Of these, however, all had
previotisly passed a similar resolution. Including these five
states, 23 of the commonwealths have petitioned Congress for the
calling of such a convention: in 1893 Nebraska; in 1899 Texas;
in 1901 Arkansas, Colorado, Michigan, Missouri, Montana, Nevada,
North Carolina, Oregon, Peimsylvania, South Dakota, Tennessee,
Texas, Utah, Washington^ Wyoming; in 290a Kentucky; in 2903
MERRIAM STATE GOVERNMENT AND ELECTIONS 153
in addition to previous ratifications, California, Idaho, Illinois and
Wisconsin; 'in 1904 Iowa. On petition of 30 states, Congress must
call a constitutional convention, and apparently seven new ratifi-
cations would bring about such a result. It seems more likely,
however, that the popular election of United. States senators will
be realized by means of the direct primary and advisory popular
vote on senators after the Oregon and Wisconsin models, or that
generally prevalent in the Southern States.'
Officers. An important development of the year was the
legislation regarding the officers and employees of the Legislature.
In Wisconsin an act was passed regulating the number and salary
of legislative employees ('05 ch.4); in Nebraska the number of
Senate employees was fixed ('05 ch.91); in Pennsylvania a similar
act was passed ('05 ch.108). In Michigan it was provided that the
clerks of the judiciary committee in the House and Senate must
be lawyers of at least five years' experience in the state, and that
the Senate stenographers must have had at least three years' experi-
ence ('05 ch.255). In Colorado it was provided that clerks (with a
few exceptions) must be competent stenographers ('05 ch.109).
A New York act provides that either house, or a legislative com-
mittee, may compel the production, upon reasonable notice, of
"any material books, papers or documents"; or the production of
"any such books, papers or docimients in a legislative proceeding,
inquiry or investigation" ('05 ch.23).
Bills. Astatute clerk is provided for in Peimsylvania ('05 ch.234).
The law requires that he shall be "a person skilled in punctuation,
proof-reading and indexing," and he is to pimctuate laws, read the
p/oof and index* them. When requested, he is to assist members
in the preparation of bills ; as soon as bills are presented, he is re-
quired to examine them and call the attention of members to errors
of typography or construction. In Wyoming a legislative bill
clerk was authorized, and charged with the duty of receiving, dis-
tributing and mailing all bills ('05 ch.5).
In three states steps were taken in regard to the engrossment of
bills. In Delaware ('05 ch.io) during the last seven days of the
session any bill having passed a second reading may be printed.
The preamble to the bill states that the voltune of business during
the last few days of the session makes it "impossible for the enroll-
ing clerks to personally engross the bills coming into their hands."
Similar action for similar reasons, although the period is not limited
to seven days, was taken in Minnesota ('05 ch.153). In New
'See "The Election of Senators," by George H. Haynes.
154 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Hampshire the Secretary of State was authorized either to tjrpe-
write, or to engross, all laws passed by the Legislature ('05 ch.6).
A Wisconsin statute provided that all bills shall be presented to the
Governor in printed form, and not enrolled as at present ('05 ch.2).
Another Wisconsin law requires that copies of all bills introduced
shall be sent to each county clerk, normal school, college and public
library in the state ('05 ch.515).
Lobbying.^ The prohibition of "lobbying" was extended in
Minnesota ('05 ch.31-32) so. as to exclude interference not only
with members, but with members elect as well. In Wisconsin a
drastic anti-lobbying provision has been added to the law of 1899
(*05 ch.472). An important feature of this law is that lobbyists,
who are defined as those "employed for a pecuniary consideration
to act as a legislative counsel or legislative agent," may deliver no
written statements to members of the Legislature without first
depositing with the Secretary of State 25 copies of each such
statement. Lobbyists are furthermore specifically limited in
influencing members in regard to legislation, to appearance before
committees, newspaper articles, pubUc addresses, and written or
printed statements, arguments or briefs. The general evils of
lobbying were denoimced by the governors of Indiana, Missouri,
Nebraska, New Mexico, Oklahoma and West Virginia, but no
action was taken in those states.
Drastic laws against lobbying are now foimd in Wisconsin (1898),
Maryland (1900) and Massachusetts (1902). The main feattires of
these laws are the registration of "legislative agents," or legal
counsel, employed in connection with any legislation, publicity of
the docket containing this information, and the requirement that
within 30 days after the adjournment of the Legislature a sworn
statement shall be made of the expenses incurred in the employ-
ment of such agents. Numerous other states have laws (con-
stitutional or statutory) forbidding solicitation or bribery of legis-
lators, or declaring lobbying to be a crime.
Special legislation. In Kansas a constitutional amendment has
been proposed ('05 ch.543) providing that the question of whether
a given law violates the constitutional prohibition of special legisla-
tion shall be determined by the courts. To the constitutional
prohibition of 1859 there is added, "and whether or not a law
enacted is repugnant to this provision of the Constitution shall be
construed and determined by the courts of the state." The mcs-
*See "Lobbying" by Margaret A. Schaffner, in Wisconsin Comparative
Legislation Bulletin no. a.
MESRIAM STATE GOVERNMENT AND ELECTIONS I55
sage of the Governor of New Jersey contamed a recommendation
of a system permitting special legislation at discretion of the
Legislature, but in Tennessee, Michigan and New York, special
legislation was condemned.
Direct legislation. Direct legislation made progress during the
year in Delaware and Montana. In Delaware ('05 ch.53) the
Legislature of 1905 passed an act providing that in the November
election of 1906 the following, questions should be submitted to a
popular vote: "Shall the General Assembly of the state of Dela-
ware provide a S3rstem of advisory initiative and advisory referen-
dum ?" In Montana a constitutional amendment ('05 ch.6 1) is to be
voted on in 1906. This provides for the initiative on state affairs
on petition of 8% of the voters, with the provision that two fifths
of the whole nimiber of counties contribute 8% of county vote. The
referendtun must be granted on petition of 5%. provided two fifths
of the coimties furnish 5% each, or a referendum may be "required
by the Legislature itself. Laws relating to appropriations, consti-
tutional amendments, and local or special laws are excepted from
the initiative, and to this class of exceptions in the case of the
referendum are added laws necessary to immediate preservation of
the public peace, health and safety.
It is also provided that the veto of the Governor shall not extend
to measures referred to the people by the Legislature or by initia-
tivie-referendum petition. Measures adopted may be suspended by
petition of 15% of the legal voters of a majority of the counties of
the state tmtil an election has been held and the result determined
by popular vote.
Sessions. The proposed constitutional amendment in South
Carolina providing for biennial instead of annual sessions of the
Legislature, which was adopted by the people in November 1904,
was not ratified by the Legislature* of 1905 but instead the Legis-
lature postponed action by providing for the appointment of a
committee to see what other constitutional or statutory changes
would be necessary in order to effect the change from annual to
biennial sessions. Should South Carolina change to biennial ses-
sions there would be only five states with annual sessions, namely,
Georgia, Massachusetts, New Jersey, New York and Rhode Island.
In all other states the sessions are biennial, except in Alabama,
*In South Carolina constitutional amendments must be submitted by the
Legislature, adopted by vote of the people and then ratified by the Legisla-
ture.
156 N, Y. STATE LIBRARY REVIEW OF LEGISLATION I9OS
where the Legislature assembles regularly once in four years. The
regular session of the Mississippi Legislature is also held quad-
rennially, but a special session is held in the middle of this period.
Civil rights. Two important measures aflEecting civil rights were
passed in 1905. One was the California law ('05 ch.413) which
declares that all citizens "are entitled to the full and equal accom-
naodations, advantages, faciUties and privileges of inns, restaurants,
hotels, eating hotises, barber shops, bath houses, theaters, skating
rinks, and all other places of public accommodation or amusement."
In Connecticut, a racial discrimination in the use of public accom-
modations is prohibited ('05 ch.iii). In Oregon, however, the
constitutional amendment permitting negroes to reside in the state,
passed by the Legislattu^s of 1901 and 1903, remains without pro-
vision for submission ('01 p.479).
In three states acts were passed regarding the restoration to
citizenship of those convicted of an infamous crime. The Cali-
fornia law authorizes the Governor to pardon a criminal with t)r
without restoration to citizenship and permits restoration to citizen-
ship at any time thereafter ('05 ch.398). The North Carolina law
permits the restoration to citizenship in cases where the court has
suspended judgment ('05 ch.547); the Wyoming statute authorizes
the Governor to restore to citizenship on petition of 25 freeholders,
cognizant of the habits of the petitioner since his discharge from
the penitentiary, or on a statement from the warden of the peni-
tentiary showing exemplary conduct during term of confinement
Cos ch.i8).
Elections. Political parties
Suffrage. New Hampshire C^S <^li-S3) provided for the applica-
tion of the suffrage qualifications adopted in 1903, by requiring the
supervisors to administer the educational test. Five lines of the
New Hampshire Constitution, drawn by lot, must be read by the
intending voter, and one line must be written and signed. An
important Wyoming act ('05 ch.88) permits electors necessarily
absent from home on election day to vote in any precinct in the
state. On presentation of a registration certificate or an affidavit
made before the county clerk of his county, and on administration
of oath to the effect that the voter is imavoidably absent from his
own precinct, he is given a ballot and may legally vote for county,
district and state officers, members of Congress and presidential
electors. Each such ballot is sealed in an envelop and returned
to the cotmty clerk of the voter's home county, to be counted on
he day when the votes are canvassed by the county board. On
MEKRIAM STATE GOVERNMENT AND ELECTIONS I57
this occasion any two electors from the voter's home precinct may
appear and challenge his right to vote. Since 1857 Oregon has
authorized electors to vote "in any county in the state for state
officers, or in any county of a congressional district in which such
electors may reside, for members of Congress" (Const, art. 2 § 17).
A proposed constitutional amendment in Wisconsin provides that
alien suffrage shall be extended only to those who before 1908 have
declared their intentions of becoming citi25ens ('05 p.994). The
attempt to introduce the "grandfather" and "\mderstanding"
clauses into the Maryland Constitution was defeated by poptilar
vote after a vigorous campaign (^04 ch.96); in Oregon, the woman's
suffrage amendment passed by the Legislature of 1903 ('03 p.37
ex. sess.) was not repassed and hence failed of adoption.
Elections. The general election law of Oklahoma was remodeled
and made more complete, especially in the provisions regarding the
canvass of ballots ('05 ch.17). A New York law specifically
authorized the Superintendent of Elections to call on any sheriff,
deputy sheriff or election officer for assistance in the enforcement of
the law ('05 ch.689). Provisions regarding lodging house registra-
tions are made more stringent. Hereafter reports are to contain
not merely the names of lodgers, but "a detailed description of the
premises," a statement as to what part of the bmlding is used for
lodging purposes ; if more than one building on the premises, which
one is tised; names of all employees and persons living on the
premises, including the landlord and his family. Provision is also
made for a card catalogue of registrations to be provided by the
Secretary of the State, and delivered to the Superintendent of
Elections.
A revision of the general election law was made in Texas, but
without material modification of the present requirements ('05
ch.ii ex. sess.). Additional provision is made for nonpartizan
and independent candidates (§94-98). Participation in a pri-
mary acts, however, as a bar to signature of the nominating peti-
tion for an independent candidate.
A ntmiber of minor changes were made in several states, and
two, Connecticut ('05 special acts ch.499) and Rhode Island ('05
r.91) authorized investigation of the subject of primary and election
laws by a commission or committee appointed for that purpose.
Corrupt practices/ Legislation directed against corrupt prac-
tices in elections was widespread during 1905. Material changes
*See Proceeding of American Political Science Association, 2:171, Wiscon-
sin Comparative Legislation Bulletin no. 5.
158 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I90S
were made in the laws of ntimerotas states, and in Connecticut a
new and sweeping enactment was carried through the legislative
body. The governors of Arizona, Colorado, Florida, Idaho and
West Virginia recommend legislation in this direction.
In California the provisions of the general law were made
applicable to primary elections as well ('05 ch.41). In Indi-
ana ('05 ch.isS) the tise of money, directly or indirectly, to
induce any person to vote or to refrain from voting was made
punishable by a fine of not more than $50 and disfranchisement
and incapacity to hold office for a period of 10 years. A like
penalty is inflicted on the recipient of a bribe. Immunity is
guaranteed to witnesses testifying in such cases. Under the old
law (1899) the sale of a vote was ptinishable, but not the purchase.
New Jersfey ('05 ch. 118) added a series of penalties in support of the
election law. These include any failure to perform an official duty
in connection with the primaries, as: aiding in illegal registration;
illegal voting or advising or abetting the same; defacing ballots;
tampering with ballot box or voting machines. New York also
added a few offenses, such as removing the public copy of the regis-
tration book ('05 ch.625). West Virginia ('05 ch.43) made offering
or receiving a bribe a misdemeanor, and also solicitation of money
from a candidate either in an election or a primary.
In Connecticut a thoroughgoing corrupt practices act was passed
('05 ch.280). This law provided that election expenses during a
period of six months prior to election shall be paid only by an
authorized "election agent," except that the candidate may pay
for postage, telegraph, telephone, stationery, printing, express
and traveling expenses. All other payments for campaign purposes
must be made through the election agent. Even this officer is
limited, however, to seven classes of expenditure, namely: (i)
public halls, music and advertising; (2) printing and ciroilating
newspapers, pamphlets and bboks; (3) printing and distributing
ballots and posters ; (4) renting rooms for committees ; (5) payment
of clerks and others occupied in committee rooms and at the polls;
(6) traveling expenses of agents, committees or speakers; (7)
postage, telegraph, telephone, printing, express and conveyance.
Within 15 days after the election the candidate must file a
sworn statement, containing all items of expenditure and indicating
from whom all revenues were rcceived and to whom and for what
purpose all expenditures were made. Failure to make such a
statement is penalized by forfeiture of the emoluments of office
during the term for which elected. If a candidate is proven guilty
MERRIABf STATE GOVERNMENT AND ELECTIONS 1 59
in person, the election is invaKdated and the offender disqualified
from holding office for four years. If only the agent is guilty or
the offense is shown to be "of a trivial, unimportant and limited
character" ineligibility does not follow.
Inquiry may be instituted on complaint of the States Attorney,
by any state referee, judge of the Superior Court or judge of any
Court of Common Pleas; or inquiry. may be made on complaint of
any elector or voter to any judge of the Superior Court. In case
the allegations of the petitioner are fotmd to be materially untrue,
or his petition brought from vexatious or malicious motives, he
may be taxed as high as quadruple costs.
South Carolina ('05 ch.473) required every candidate in a primary
election before entering on his campaign to file with the clerk of the
Court of Common Pleas in the co\mty where he is a candidate, a
pledge to the effect that he "will not give nor spend money or use
intoxicating liquors for the purpose of obtaining or influencing
votes," and at the conclusion of the campaign and before the
primary election will render a sworn and itemized statement of all
money spent during the campaign Another statement must be
made showing all further money spent in the regular election.
Failure to file such statement renders the election void in so far as
the delinquent candidate is concerned.
Important changes in the Wisconsin system were th^ exten-
sion of the corrupt practices act to cover party primaries,
the provision that financial statements must cover stims promised
as well as paid during a campaign (.'05 ch.502) and a general pro-
hibition of contributions by corporations to campaign ftmds ('05
ch.492). The important part of the corporation clause reads as
follows:
No corporation doing business in the state shall pay or con-
tribute, or offer, consent or agree to pay or contribute, directly
or indirectly, any money, property, free service of its officers
or employees or thing of value to any political party, organization,
committee or individual for any political purpose whatsoever, or
for the purpose of influencing legislation of any kind or to promote
or defeat the candidacy of any person for nomination, appointment
or election to any political office.
The penalty for violation of the law is a fine of from $100 to $500,
or imprisonment for from one to five years, or both. If the cor-
poration is subject to penalty, then the fine may be doubled; if a
domestic corporation, it may be dissolved.
Corporations organized for pecimiary profit are forbidden by a
Minnesota law to make contributions for the aiding in the nomina-
tion or election of any person or persons ('05 ch.291). The Texas
l60 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
statute of 1903 was also modified by provision to the effect ('05
ch.ii ex. sess.) that paid political material in newspapers shall be
labeled as advertising, and that ©nly regular advertising rates
shall be paid. If any editor or manager of a paper shall demand or
receive anything for publishing editorial matter for ©r against any
candidate or proposition, he is liable to fine or imprisonment.
If the offense is committed by the president of a corporation or by
any officer with the consent of its president, the charter of the cor-
poration shall be forfeited. Georgia made offering to buy or sell or
contributing money to buy or sell a vote in a primary election a mis-
demeanor ('05 p. III).
There are now 13 states and territories in which corrupt practices
acts are on the statute books. These are New York (1890), Colo-
rado (1891), Massachusetts (1892), California (1893)^ Missotui
(1893), Arizona (1895), Minnesota (1895), Montana (1895), Wis-
consin (1897), Nebraska (1899), Virginia (1904), Connecticut
(1905) and Texas (1905). Similar laws have been enacted
and repealed in seven states. These are Nevada (1895, repealed
1899); North Carolina (1895, repealed 1897); Utah (1896, repealed
1897); Ohio (1896, repealed 1902); Michigan (1891, repealed 1901);
Kansas (1893 , repealed 1 903) . All states have laws prohibiting brib-
ery in elections, but in only a few cases is an attempt made to specify
forbidden subjects or objects of expenditure. The characteristic
features of the corrupt practices acts may be stmimed up as the
requirement of publicity in regard to compaign revenues and
expenses, and the enumeration of specific objects of legitimate
election expense, with provision for proper enforcement of these
regulations. In some states an attempt is made to limit expendi-
tures to an amount proportioned to the size of the constituency,
as in Minnesota, where the expense for 5000 voters may not exceed
♦250; for each 100 voters above 5000 and tmder 25,000, $2; for
each 100 between 25,000 and 100,000, $1 each; and above 100,000,
50 cents each. A similar law, with a different scale of expenditure,
is found in Missouri. In many other cases specific prohibition of
contributions by corporations is a part of the law. Of the numerous
laws on the books, those of Connecticut and Wisconsin are most
complete and thoroughgoing.
Primary elections. In the history of primary elections 1905 was
a notable year. No less than 23 states enacted either partial or
complete primary laws, and eight Legislatures framed laws that
radically changed the character of the party nominating system.
MERRIAM STATE GOVERNMENT AND ELECTIONS l6l
These laws may be grouped under four main heads. The first
leaves the conduct of primaries to the party itself, the second
provides for very mild regulation of primaries, the third for com-
paratively complete regulation, but leaves the whole law optional
with the parties, and the fourth dass includes laws that are
fairiy complete and are compulsory. Of the first type, is the
South Carolina law of 1905 (ch.409) which declares that primary
elections shall be conducted according to the constitution and
rules of the political party in question. This recognition of the
party as the proper agency for administration of party law is a
characteristic feature of the southern systems, and stands out in
striking contrast with the more general plan of outlining rather
minutely in the law the details of a party election.
Of the second type are the Vermont ('04 ch.2) and Arizona laws
('05 ch.68). In Vermont provision is made for holding all party
caucuses on the same day ; for the use of a check list in caucuses,
if requested by 5% of the voters; for the use of ballots of uniform
size and color, as furnished by the party committee ; and it makes
certain offenses pimishable. Similarly the Arizona law ('05 ch.68)
is restricted to a few subjects. It provides for public notice of
the proposed primary and for sworn judges, while the general
election laws in regard to bribery and fraud are made applicable
to primaries. The scope of the law is limited to co\mty, city and
precinct primaries.
Of the optional type are the laws of Michigan, Mohtana and
Oklahoma. The Michigan act ('05 ch. 181) applies to city, co\mty,
legislative and congressional district primaries, if adopted by any
party in such a district. It applies to the nomination of governor
and lieutenant governor, in case the state referendum in June 1906
on the question of a state direct primary is favorable to its adoption*
In fact the law provides that candidates may be voted upon at the
Jtme primary election (1906), and if the primary law is adopted at
this time the candidates so chosen are declared regular nominees.
The Michigan statute provides for a party enrolment, fixes a
uniform primary day, the first Tuesday in September, » for fall
elections and the second Tuesday preceding a spring election.
Names are placed upon the ballot by petition of 2% of the party
voters and the ballot is officially prepared. A plurality is suf-
ficient to nominate, except in the case of state officers, when a
minimimi of 40% of the vote cast is reqtiisite for the nomination.
*In the case of a delegate primary, the second Tuesday in June.
l62 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I90S
If this minimum percentage is not obtained, the choice of candi-
dates devolves upon the state convention. All the safeguards of
a general election are placed arotmd the primary. Alpena, Kent,
Muskegon and Wayne counties are excepted from the operation of
this law so far as local nominations are concerned.
In Montana a primary law was enacted applying to elective
co\mty and city officers and to choice of delegates to the county
convention ('05 ch.99). The law is optional, however, with the
electors of counties and cities. The general election law is extended
to the conduct of primaries where possible; a separate official
ballot is provided for each party, and even a nonpartizan ballot
may be ftimished. Candidates are chosen by a plurality vote.
Another optional mode of regulation is offered in the Oklahoma
law ('05 ch.17). This provides a scheme of state control of prima-
ries, but leaves the option of accepting or rejecting these regula-
tions with the central committee, state or local, of each party. If
the law is adopted, the direct nomination plan is followed unless
the committee decides otherwise. In case the primary law is
applied to municipal offices, the protection of the general election
law is thrown around its operation.
A fourth group includes laws fairly complete and compulsory.
General primary laws were enacted in Illinois ('05 p.211). North
Dakota ('05 ch.109) and South Dakota ('05 ch.107), in which
states there has been practically no compulsory provision for the
legal regulation of party primaries. The Illinois law ('05 p.211)
provided for comptdsory application of the new system to the entire
state, in place of optional adoption by counties as under the old
law; for the holding of all primaries on the same day; and for the
application to the primary of most of the provisions of the general
election law. The Australian ballot system was not included,
however. Certain direct primary features were also embodied in
the law. Nominations for United States senator and for governor
might be placed on the ballot and voted on at the primaries,
although the vote on United States senator could of course have
no legally binding effect. In the case of the governor, the candi-
date receiving the highest number of votes in any county was given
the vote of all the delegates from that county: or in Cook county
from that primary district. The same plan was followed in the case
of congressmen and members of the state Legislature and for
mayor, and aldermen in Chicago. Outside Cook county a direct
primary was provided for coimty offices, and the County Central
Committee might determine whether a majority or a plurality
MERRIAM STATE GOVERNMENT AND ELECTIONS 163
should nominate. If a majority vote was required and no candi-
date received such a proportion, then choice was to be made by
the delegates chosen at the same primary*.
The South Dakota law ('05 ch.107) provides for a state regulated
primary. The delegate plan is followed in general, btit the county
convention of any party may decide to choose candidates for county
offices and state Legislature by means of a direct vote. In such
case, however, a candidate must receive a majority of votes polled;
otherwise the delegates to the convention will decide the issue.
Balloting under the South Dakota law is secret, but the ballots
are privately printed on paper furnished by the county. Detailed
provisions are made regarding the choice of various classes of
committeemen. A number of penalties for offenses similar to
those condemned under the election law are provided, but there is
no general appli<iation of these safeguards.
The North Dakota law ('05 ch.109) applies to county and tity
offices, to the state Legislature, and to the choice of delegates to
state and judicial district conventions. In general, the provisions
of the election law are brought over into the primary. Names
may be placed on the ballot by petition accompanied by a deposit
of 2% of the prospective salary or emoluments of office. Delegates,
however, pay no fees. The Australian ballot is used, but with a
separate ticket for each party. In all district nominations, includ-
ing cities of over 5000, nominations are made by direct plurality
vote. A imique feature of this law is the reqtiirement that nomina-
tions in convention must be made by secret ballot. The unit rule
in the several counties is also forbidden (§8).
The Texas law of 1905 (ch. 11 ex. sess.), amending the act
of 1903, provides for a combination of delegate and direct vote
features. In counties nominations are made by direct vote, tinder
the plurality or the majority system, as the party committee may
decide. In other cases candidates are voted upon directly and at
the same time delegates are chosen. In the convention following,
each candidate receives the vote of the delegates from the districts
in which he polled a majority of the votes cast, and a propor-
tionate share of the delegates in districts where no candidate
has received a majority. If no candidate receives a majority of all
*This law was declared unconstitutional in the case of People ex rel. Charles
Brecknen v. Board of Election Commissioners. Among the features of the
law to which exception was taken were the requirement of a fee from candi-
dates, the delegation to party committees of the power to decide whether
nomination should be made by plurality or majority, the discrimination
involved in requiring a party to poll 20% of the vote in Cook county and
only 10% elsewhere in order to hold a primary.
164 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
the votes in this convention, then the lowest on the list is dropped
and balloting continues until a choice is made. When a candidate
is dropped, his delegates are released.
It is also made the duty of the state convention to nominate a
state committee of 31 members, one for each senatorial district
on the nomination of the delegates from such districts. This is of
course a common custom, but not frequently required by the law.
An interesting feature of the Texas statute is the provision that
on application of 10% of the party voters any question or propo-
sition of public or party policy must be submitted to a vote at the
party primary*. Delegates from the various districts are bound by
the vote of the district on any such proposition (§140).
As under the law of 1903, the primaries are conducted under party
auspices. Ballots are printed and judges provided by the party,
and returns are made to party authorities, who* canvass the vote
and decide contested elections. The expense of elections is charged
to the candidates and apportioned in a manner ** just and equitable,
giving due consideration to the importance and emoluments of
each such office for which a nomination is to be made" (§111).
A number of minor acts were passed in various states. These
laws are limited in their local application or are amendments ef
existing systems. A Nebraska law ('05 ch.66), applying to counties
having a population of 125,000, includes the choice of all candidates
for local elective office, of delegates to district and state conventions,
and the choice of party committeemen. The provisions of the
general election law apply as far as possible. Names are placed
upon the ballot on application by the candidate, but a fee computed
at x% of the emoltiments of the office must be paid, except in the
case of delegates. Candidates are elected by direct vote, only a
plurality being required. Provision is also made for the direct
election of party committeemen by the voters of each party.
In Indiana a primary law ('05 ch.73) was passed for counties
containing a city between 36,500 and 43,000 population. This
includes only Vigo county, in which the city of Terre Haute is
located. The provisions of the general election law are applied as
far as possible. The primary ballot contains the names of all can-
didates of both parties. Party committeemen are chosen at the
primary under this statute.
In Wisconsin, county and district superintendents of schools
are excepted from the operation of the primary law ('05 ch.3).
Special provision is made for the election of delegates to the national
^A similar provision was contained in the Oregon law of 1901.
MERRIAM STATE GOVERNMENT AND ELECTIONS 165
convention by a direct vote, two for each congressional district and
four by the state at large. An important change is also made in
the method of framing a state platform. Under the law of 1903
the candidates for the various state offices and for the Legislature
formtilated the declaration of party principles. To this number
the law adds those senators of each political party whose term of
office extends beyond the first Monday in January of the year
next ensuing, in other words, ** hold-over" senators ('05 ch.369).
The Florida primary law (*os ch.ioo) was extended in application
from cities of 10,000 to include any mtinicipality. In Maine
('05 ch.149) the limit for cities to which the primary law applies is
raised from 25,000 to 35,000. In Massachtisetts ('05 ch.386) a few
minor changes have been made, including the annual submission of
the primary law on the petition of 5% of the voters. The applica-
tion of the New Hampshire law ('05 ch.93) is extended from cities
of 15,000 to cities of 12,000, and such others as may adopt the sys-
tem. In New York special enrolment is abolished in cities of the
second class ('05 ch.674). Such enrolment in cities of the first
class had already been abolished.
Including the legislation of 1905, every state in the Union now
has a primary law on its statute books. Of the various primary
laws some provide for most of the guaranties of an ordinary election,
are state wide in application and mandatory. These states are
Illinois, Kentucky, Massachusetts, Michigan, Minnesota, New
Jersey, North Dakota, Ohio, Oregon, Texas and Wisconsin.
Some states have laws of a similar character which are, how-
ever, local in their scope. These are California, limited to cities
over 7500 in population; Delaware, limited to Newcastle cotmty;
Florida, to all cities; Iowa, to Polk county; Indiana, to coun-
ties having a city of over 50,000 or between 36,500 and 43,000;
Maryland, limited to Baltimore ; Maine, to cities from 2000 to 35,000;
Michigan, to certain coimties under local acts; Missouri, to cities
above 175,000; Nebraska, to cities of over 125,000; New York, to
cities of over 5000; Rhode Island, to Providence, Newport and
Pawtucket. Mandatory laws of general application, but not pro-
viding a complete scheme of legally regulated primary elections,
are found in other states. These states are Arizona, Colorado,
Connecticut, Georgia, Idaho, Kansas, Louisiana, Mississippi,
Nevada, South Carolina, South Dakota, Pennsylvania, Tennessee,
Vermont, West Virginia, Wyoming, and Utah. In these states
there are general regulations governing primaries, but the protection
afforded is by no means equivalent to that provided at the general
l66 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
election. In another group of states, laws are either optional or
incomplete or both. This includes Alabama (optional), Arkansas
(optional) , Montana (optional) , New Hampshire (local) , North Caro-
lina (local), Oklahoma (optional), Virginia (local) and Washington
(optional). It should be observed that many of the states with
incomplete systems are foimd in the South, where the general policy
is to leave the detailed machinery of primary administration in
the hands of th« party organization. Direct nomination features
in various forms are found in about half of the states. In Missis-
sippi, Minnesota, Oregon, Tennessee and Wisconsin, direct nomina-
tions are mandatory and cover almost all offices. In Kentucky,
Florida, Indiana, Massachusetts, Nebraska, North Dakota, New
Jersey and Texas direct nomination is mandatory, but only local in
scope.* In other states, such as Alabama, Delaware, Georgia,
Louisiana, Maryland, Michigan, Missouri, Montana, Ohio, New
York, South Carolina, South Dakota and Texas, direct nominations
are optional in the case of various officers.
The main tendencies of the primary legislation of 1905 were the
attempt to retain the delegate system as far as possible and combine
its merits with those of the direct vote. This was strongly evi-
denced in Illinois, Michigan, North Dakota, South Dakota and
Texas. A further feature is the appearance in Michigan of the
minimum percentage plan. The law prescribes that unless 40% of
the vote be polled by the leading candidate for state office, choice
shall be made by the convention.
Another noticeable tendency in recent primary legislation is the
provision for the election of party committeemen by direct vote of
the party electorate. This is in line with the general demand
for direct primaries and dislike of the convention sjrstem. In
fact such legislation as this removes one of the worst features of
convention method, since delegates are frequently chosen for the
sole reason that they are to support some individual for party
committeeman.
Another general tendency is that toward the adoption of the plan
of party enrolment or registration, as seen in Connecticut and Michi-
gan, or at least to define more and more sharply the characteristics
of a member of a party. In Wisconsin, however, the "open"
primary is now in the process of trial.
Nomination. In Illinois ('05 p. 208) no person who participated
in a party primary may sign a petition for nomination of an inde-
pendent candidate at the same election. New Mexico ('05 ch.iay)
^Also in Illinois law of 1905, declared unconstitutional.
MERRIAM STATE GOVERNMENT AND ELECTIONS 167
has forbidden the appearance of the name of any one person as a
candidate for the same office more than once upon the ballot. Both
of these steps are, however, out of line with the general tendency
of the time.
Periodicity of elections. The Ohio constitutional amendment
('04 p. 640) substituting biennial for annual elections of state
officers was ratified by the people in the November election of 1905.
The Nebraska law providing for biennial elections was declared
invalid (State v. Galusha, 104 N. W. 197) on the ground. that
annual elections are established by the Nebraska Constitution.
Ballot. With regard to the form of ballot to be used, there was
considerable legislation during 1905. Rhode Island ('05 ch.1229)
adopted the party colvmrm instead of the former grouping of can-
didates imder each office to be filled. Similar legislation was
recommended by the Governor of West Virginia while the Gover-
nor of Delaware advocated a return to the private printing of
ballots. The Kentucky constitutional amendment providing for a
return to the viva voce vote was rejected ('04 ch.30).
An entirely new style of ballot was authorized, subject to referen-
dum vote, in Wisconsin (*os ch.522). This ballot consists of "a
sufficient ntimber of contrastingly colored sheets, stapled or fastened
together at the top, each sheet composed of the requisite ntmiber
of individual coupons, bearing the names of all the candidates of a
certain political party; each coupon shall bear the designation
of the office and the name of the poUtical party, and said coupon
shall be consecutively ntmibered or lettered." A ** straight"
ticket may be voted by tearing off one of the party sheets, or a
split ticket by tearing out any or all of the coupons containing the
name of candidate favored and inserting in a ** pocket envelop"
provided. This act was submitted to the people of the state in
April 1906 for ratification or rejection.
An Oklahoma statute ('05 ch.17) required the publication of
instructions regarding the manner of marking the ballot in the
newspapers in each cotmty at least 14 days before the election.
The use of a separate ballot for proposed constitutional amendments
was required in Idaho ('05 p.311) and Maine ('05 ch.135). The
purpose is to make the pending amendments more conspicuous
than they would be if printed on a ** blanket bdllot" along with the
names of the numerotis candidates.
The use of voting machines was authorized either for all or for
local purposes in a ntmiber of states. In Nebraska ('05 ch.67)
and Utah ('05 ch.85) the statute was general in character; in
l68 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Michigan (*o$ ch.217), Minnesota ('05 ch.267) and Wisconsin ('05
'ch.269) of limited scope. In New Jersey ('05 ch.215) the law of
1902 was extended in its application from municipalities to all
"districts, and much more detailed regulations provided. In Rhode
Island the act of 1901 legalizing the employment of voting machines
was repealed by the Legislature of 1905 (ch.1226).
In Connecticut a constitutional amendment ('05 ch.196) author-
izing the use of voting machines has been adopted. Colorado
('05 ch.84) also will vote on a similar constitutional amendment.
The same Legislature that initiated the amendment enacted a
law providing for the emplo)niient of voting machines, making
the operation of the act contingent, however, upon the adoption
of the constitutional amendment authorizing such machines.
Registration. Registration of voters was the subject of legisla-
tion in numerous states. The gross frauds in the Colorado election
of 1904 led to the enactment of a registration law (*os ch.ioo)
applicable to all cities having a population of over 50Q0, including
Denver, which is governed under a home rule charter.* - A regis-
tration committee, consisting of three electors in each precinct,
mtist be appointed by the cotmty clerk on the recommendation of
the party chairman. This committee is reqtiired to make a per-
sonal canvass of the voters, supplementing this by a session at
which persons not jret registered may appear and have their names
included on the official list. In either case, the elector must answer
a set series of questions, sign his name to answers (or make his
mark) and take a prescribed form of oath. Provision is also made
for revising the lists, for publicity regarding them, for watchers
and challengers and for special prosecution of election frauds. A
Wisconsin law ('05 ch.4S4) authorizes the adoption of a registration
system in cities, villages and towns on a favorable popular vote,
taken on petition of 10% of the electors. Washington ('05 ch.171)
authorized precinct registration in cities in place of the registration
in one central place for the city, as at present.
New Jersey provided ('05 ch.141) for judicial review of registra-
tion lists on the day preceding election and on election day. An-
other act, applicable to municipalities having a population of less
than 30,000, requires registration by actual canvass and inquiry
on the part of the board, with opporttmity for supplementing this
list by personal registration ('05 ch.258).
^Section 24. "Notwithstanding anything now or hereafter in the charter
of said city and county to the contrary."
MERRIAM STATE GOVERNMENT AND ELECTIONS 169
Regulations regarding examination of electors and requiring an
elector's oath were made in Idaho ('05 p.380), Nevada ('05 ch.89)
and West Virginia ('05 ch.43). The Idaho oath (p. 383) is especially
complete, covering a declaration as to citizenship, age, residence,
innocence of treason, felony, embezzlement of public funds, bribery,
intention not to violate the election law, and finally that the voter
'*regard(s) the Constitution of the United States and the laws
thereof, as interpreted by the courts of this state and the laws
thereof, as interpreted by the courts as the supreme law of the
land." The West Virginia section (97) on "What constitutes
evidence" is also of interest and importance as indicating the care
with which the process of registration may be hedged about.
California ('05 ch.230) required the comparison made between
signature of voter at registration and on election day to be made
in full view of watchers, and subject to challenge by them. Another
California statute requires in addition to the names, ages and
addresses of voters their occupations as well ('05 ch.265).
Re-registration in Kansas ('05 ch.103) was made unnecessary in
cases where the voter exercises his franchise in each successive
election and without changing his address. If he fails to vote at
any election his name is dropped from the rolls and he must then
register. This places a premium on voting and is to that extent
in accord with Governor Folk's recommendation in regard to for-
feiting of franchise in case of failure to vote. In Utah ('05
ch.128), instead of a new registration every four years, a list
is to be made up for every general election by taking the names
of such persons as voted at the last general and municipal elections
and adding to this the names of those registered on the appropriate
days before the given election.
Canvass. Illinois ('05 p. 205) provides that in canvassing
** straight" tickets the total number of such ** straights" may be
indicated on the tally sheet, instead of tallying each ballot individu-
ally. Another act ('05 p. 206) explained and authoritatively inter-
preted the method of counting votes for members of the General
Assembly under the cumulative system. Indiana ('05 ch.113)
made provision for the canvass of the vote in each county, by the
county board of election commissioners. Minor changes were
made in the laws of several states as to canvassing the election
returns.
Conclusion. The general tendencies in the legislation regarding
elections are clearly evident in the laws of 1905. These are more
careful and detailed restrictions on the process of registration.
I/O N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
prohibition of bribery and xindue influence in elections, publicity
regarding election expenses, more complete regulation of the process
of canvassing the election returns.- Frequent laws regulating the
form of the ballot indicate uncertainty as to the best method. There
is a tendency to txse the arrangement of the ballot as an aid to party
regularity, as in the provision for party columns, prohibition of
double nominations and restriction of independent nominations;
on the other hand there is the movement toward the abolition of the
party column, which on the whole seems likely to prevail. Un-
certainty in respect to the proper or permanent form of ballot will
^o doubt tend to delay the introduction of the voting machine, now
generally legalized. The Wisconsin coupon ballot is an experiment
well worth observation in connection with the ballot reform move-
ment.
On the whole, then, the tendency is to guard more and more
carefully the entire elective process from primary to final canvass
of the returns. . Every year adds to the mass of laws and judicial
decisions governing our already complicated election machinery,
SimpUfication of the elective process by reducing the nimiber of
elective offices and the frequency of elections comes much more
slowly. Biennial elections are gradually taking the place of the
annual or semi-annual electoral upturn, and the increase in the
number of elective offices has been checked, in so far as new offices
are made appointive by mayor or governor; but there is no very
pronounced tendency to transfer elective offices to the appointive
class. Security rather than simplicity seems to be the present goaL
We are securing legal guaranties, but not the political guaranty
afforded by a form of nomination and election simple enough to
be easily operated by a democracy.
New York State Education Department
New York State Library
RBVIEW OP LEGISLATION 1905 LEGISLATION BULLETIN 29J
State Finance Frank A. Fetter
Taxation Frank A. Fetter
Inheritance Tax Max West
STATE FINANCE
PRANK A. FETTER PH.D., PROPESSOR OP ECONOMICS AND PINANCE,
CORNELL UNIVERSITY
Public lands. Several measures of the year relate to public
lands. A group of the Western States made important changes in
laws, or modified existing statutes. Colorado ('05 ch.134) enacted
a measure of some 25 pages, probably for the most part a codifica-
tion of existing laws. It provided for a state board of land com-
missioners and for the leasing of state lands in cities. Idaho ('05
p.131) defined the powers of the State Board of Land Commis-
sioners iand created additional officers. Idaho Ukewise ('05 p.84)
sought to secure a more adequate price for the lands situated in
town sites. Wyoming ('05 ch.36) created the office of Commis-
sioner of Public Lands. New Mexico ('05 ch.iii) created a land
office and provided that lands were to be leased, not sold, until
permanently irrigated. It sought to secure the full rental value
and took measures to prevent the taking of available materials
from public lands. Washington ('05 ch.6i) provided for irriga-
tion improvement and for the sale of lands. Texas ('05 ch.xo3)
provided for the leasing to the highest bidder of lands set aside for
schools and asyltmis. North Dakota ('05 ch.183) took steps to
secure the ftill value of lots within the sites of towns, villages and
cities, the proceeds to be turned over to the local treasurer. Min-
nesota ('05 ch.162, 201) provided for the more efficient appraisal
and sale of school and other state lands; likewise ('05 ch.204)
sought to prevent, by penalties, trespass on the public lands of the
state, especially throug;h the taking of timber. The right to re-
X7I
172 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
move timber is to be let at auction (§i6). Wisconsin ('05 ch.184)
enacted that public lands were to be sold for cash only. Tennes-
see ('05 ch.459) somewhat modified the law forbidding a grant of
any land in the state, and provided that it should not apjly to
land entries already on file. Pennsylvania ('05 ch.50) declared
that state lands were not to be sold but conveyed to the State
Forestry Commission if the commission makes a request to that
end.
Parks. The movement for state parks made some progress.
New parks were established in Kansas ('05 ch. 497). Former acts
were amended in a manner to authorize the enlargement and im-
provement of existing parks, in Wisconsin ('05 ch.169), in Massa-
chusetts ('05 ch.413) and in New York ('05 ch.508), which enlarged
the State Reservation at Niagara. In Utah ('05 ch.34) a board
of park commissioners was created in anticipation of the grant by
Congress as a state park of a part of the Uintah Indian Reservation.
Buildings. Four states passed laws to provide for the construc-
tion or reconstruction of state capitols, one to dedicate the Capitol,
one to erect a Gk)vemor*s mansion, and two others to build Supreme
Court buildings. North Dakota ('05 ch.i66) provided for the
reconstruction of the Capitol and erection of an executive
mansion, and created a board of capitol commissioners. South
Dakota ('05 ch.163) took similar action regarding the new state
Capitol. Idaho ('05 p. 155) authorized the enlargement and
improvement of the present Capitol, with the alternative
permitted of procuring a new site and erecting a new Capitol
thereon. Kentucky ('05 ch.i) amending an act to provide
for a Capitol, authorized a change of the site. Pennsylvania
('05 ch.306) constituted a commission to arrange for the
dedication of the new buildings. Florida ('05 ch.ioi) authorized
the building of a mansion for the Governor. Illinois ('05 p. 76)
created a commission to construct a Supreme Court building.
Nevada ('05 ch.49) authorized the erection of a state library and
Supreme Court building.
Two states legislated on the subject of architects on public build-
ings. Connecticut ('05 ch.144) seeks to have competition in plans.
Kansas ('05 ch.489) provides for the appointment of a state archi-
tect at a salary of $2500.
Purchase of supplies. The regulation of the purchase of supplies
for the various state ofiices and institutions is the occasion of con-
siderable legislation, and eight states passed laws that bear on the
subject. Delaware ('05 ch.82) requires supplies to be bought after
FETTER STATE FINANCE I73
advertisement and competitive bids. Idaho ('05 p.38), New Hamp-
shire ('05 ch.i2o) and Vermont ('04 ch.i6i) made similar require-
ments. New York ('05 ch.457) required that supplies for the chari-
table institutions be furnished by the lowest responsible bidder and
prescribed various details governing the meeting of a purchasers'
committee of superintendents and governing the construction and
repairs of state buildings . West Virginia ('o 5 ch . 7 1 ) impose d regula-
tions, especially on the purchase by competitive bids of fresh meats
for the state institutions. North Dakota ('05 ch.132) in a sort of
local protective measure required the use of lignite coal tmless
other coal is as cheap or cheaper. Vermont ('04 ch.154) made it a
misdemeanor for a purchasing agent of the state to have any
pecimiary interest in the contracts, and some of the other states
included this same feature. California ('05 ch.191) provided for
the exchange of conmiodities between the public institutions of
the state and forbade the purchase elsewhere of such commodities.
No state took any steps toward the carrying of its own insurance
on public buildings. Three of them authorized certain officers to
insure in the ordinary way: Delaware ('05 ch.239) through the
Secretary of State; North Carolina ('05 ch.441) through the Insur-
ance Commissioner; and Vermont ('04 ch.13) through the ser-
geant-at-arms of the State House.
Accounts. In five states stricter rules were made for the super-
vision and inspection of the accounts of public officials, state and
local. Florida ('05 ch.78) created the office of assistant state
auditor and required state and county officials to submit their
books for his examination. Idaho ('05 p. 386) made the State
Insurance Commissioner State Examiner with the duty of enfor-
cing a correct and tmiform system of bookkeeping by state and
coimty officers. Kansas ('05 ch.490) created the office of state
accountant with the duty of examining all the books and records
of the various state officers and institutions. Kansas likewise
('05 ch.491) authorized the Governor to employ special account-
ants to investigate the state departments. North Dakota ('05
ch.171) defined more exactly the duties of public examiner, extend-
. ing them more specifically to the examination of certain com-
missions and departments. Maine ('05 ch.49) required state and
cotmty officers to itemize and make oath to every bill of expenses.
Debts. The authorization of debt was of a minor nature except-
ing in the case of New York, which submitted a constitutional
amendment (adopted November 1905) authorizing the issue of
174 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
bonds to the extent of $50,000,000 for the improvement of the high-
ways of the state. North Dakota ('05 ch.55) provided for the
borrowing of $150,000 to defray the extraordinary expenses of the
state government. North Carolina ('05 ch.543) authorized the
settlement of the South Dakota judgment and, for the pajrment
of this and other similar claims expected to be presented by other
states, the issue of $250,000 of bonds bearing 4% interest. New
York ('05 ch.388), probably referring to the same decision of the
Supreme Court, authorized the acceptance by the state of gifts,
bequests and assignments of the bonds of any other state.
Deposits. Several of the states show a desire to secure interest
from the banks in which the fimds of the state or mimicipalities
are deposited. California ('05 ch.308) provided that banks should
bid upon the rate of interest they will pay, not less than 2% a
year, the interest to be estimated on the average daily balances.
Bonds are to be deposited as security, and the amount to be taken
by any bank is limited. California likewise ('05 p. 1062) submitted
a constitutional amendment providing for the deposit of state,
cotmty and municipal ftmds in national and state banks. Idaho
('05 p.305) required interest to be paid to the state on moneys
deposited in the banks and placed certain safeguards around the
transaction. New Hampshire ('05 ch.68) made some minor
amendment to the act directing the treasurer to deposit ftmds in
the bank. Texas C05 ch.164) provided a complete sjrstem of state
depositories, one in each central district of the state, by which
interest is to be paid on balances. Similar arrangements may be
made by coimty commissioners and by city coimcils. Pennsyl-
vania authorized the State Treasurer to require additional security
from any banking institution in which state ftmds are deposited.
Tax rate. Only three states passed laws that embodied any
new poUcy as to the tax rate. New York adopted at the election
in November 1905 the amendment removing the requirement
of a state tax for sinking fund purposes and permitting the direct
annual tax to be done away with whenever there is sufficient from
other sources to provide for the sinking fund. This is the last step
in the movement toward abolishing the general property tax for
state purposes in New York. Two states evidently find the for-
mer limit of state tax levy too low. Nebraska ('05 ch.122) re-
pealed the act limiting the levy for state purposes to 7 mills on the
dollar. Idaho passed a resolution to amend the Constitution
and to repeal the sliding rate limit by which the rate was to fall
FETTER STATE FINANCE I75
with the increase of assessed valuation in the state. The Constitu-
tion makers evidently entertained the naive idea that state ex-
penses would remain the same as the state grew in wealth and that
"the economies of large production" would pennit a decrease
in the rate of taxation. They have now recovered from this illu-
sion.
Altogether, this is not a very eventful year in the matter of state
financial policy, but there has been a healthy movement toward
stricter accounting, better methods, and a more businesslike exact-
ing of the rights of the state in relation to the private persons with
whom it is dealing.
TAXATION*
FRANK A. FETTER PH.D., PROFESSOR OF ECONOMICS AND FINANCE,
CORNELL UNIVERSITY
Most of the several htmdred laws relating to taxation in the past
year are concerned with minor details of administration and
procedure. Winnowing these out, we have left a number which
reflect a certain policy and trend of opinion on the subject. By
adapting somewhat the outline followed in the review in previous
years, these measures may be grouped tmder two main headings:
those relating to the general property tax, and those relating to
special forms of taxation. Under the general property tax come
(i) the study and reform of taxation; (2) objects selected for
taxation; (3) the situs of personal property for taxation, and
(4) modes of assessment and collection. Under special forms of
taxation come (i) those relating to individuals, (2) those relating
to corporations, and (3) separation of state and local taxation.
General property tax
Study and reform of taxation. Four states provided in some
way for the reference of questions of taxation to commissions.
California ('05 ch.334) provided for a temporary commission
consisting of the Governor as chairman, two members of each
House, and an expert on taxation and finance, whose compensa-
tion was not to exceed $2 50 a month. The members of the Commis-
sion other than the chairman and the expert are to be paid $10 a
day and expenses while actually performing their duties. Oregon
('05 ch.90) provided for a commission of three members, not
more than two of the same poUtical party, to examine and
report on taxation at the next regular session. Georgia ('05 p. 1 2 59)
provided for a joint committee of three from the Senate and five
from the House to consider the revision and amendment of the
tax system of the state. New Jersey ('05 p. 567) referred the
question of the taxation of all classes of property, and particularly
that of railroads, to the State Board of Equalization, to recommend
to the Legislature measures necessary to establish equality among
all classes of property.
Taxable objects. Legislation determining taxable objects is
concerned with tangible property mainly in so far as it exempts
certain classes from taxation. All of the significant instances
relate more or less directly to exemptions for institutions of educa-
^See also Governors Messages and Index of Legislation, 800.
176
FETTER TAXATION 177
tion, of charity and of religion. California ('05 p. 1072) proposed
an amendment to the Constitution to exempt the Cogswell Polytech-
nical Institution. New York ('05 ch.446) exempted pharma-
ceutical societies situated in cities of the first class, the exemp-
tion not to exceed $100,000 in New York and Kings counties or
$50,000 in other counties. Pennsylvania ('05 ch.170) exempted
public libraries, museums and art galleries. Texas ('05 ch.127)
revised the articles defining and exempting property of charitable
institutions and specifically included rents and profits derived
from lands and buildings leased for profit when this income is used
to sustain institutions of purely public charity. Illinois ('05 p. 357)
included in the list of exemptions parsonages or residences ex-
clusively used by persons devoting their entire time to church
work, and the money of fraternal societies. New Mexico ('05 ch.27)
provided that widows shall be considered to be heads of families
within the meaning of the act granting certain exemptions. Indi-
ana and Kansas made an innovation (Ind. '05 ch.33 ; Kan. '05 ch.soi)
in exempting in the one case real estate and personal property of
Greek letter fraternities, and in the other, the buildings owned by
any college society and used as a dormitory or literary hall.
The defining of the kinds of intangible personal property subject
to taxation occupies considerable attention. Two efforts to enforce
the assessment of intangible personalty are noticeable : Minnesota
('05 ch.6i) seeks to get a more complete assessment of mortgages
by requiring the registrar of, deeds to deliver to the coimty auditor
a list of real estate securities; and North Carolina ('05 ch.532)
repealed a law exempting mimicipal bonds from state and local
taxes. All the other changes are in the way of reducing double
taxation, or, in other words, lightening the taxation of intangible
personalty or removing it entirely. The New York mortgage tax
law ('05 ch.729) replaced the old taxation of mortgages assessed at
their par value imder the general property tax by an annual tax
of one half of 1%, the proceeds to' be divided equally between the
counties and the state. This law was a great moderation of the
legal burden upon mortgages, but in practice the old law had been
so generally violated, especially in the cities, that 'this amotmted
in those places to a considerable increase of mortgage taxation.*
*See an article by the writer on '* Changes in the Tax Laws of New York
1905" in the Quarterly Journal of Economics for November 1905. In 1906
the law was changed so as to provide for a registration tax of J% to be
paid once, in place of the annual mortgage tax. See Quarterly journal of
Economics, August 1906.
178 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Ohio adopted a constitutional amendment in November 1905 per-
mitting the exemption from taxation of bonds of the state and
minor political divisions and school districts. Wyoming ('05 ch.17)
exempted bonds issued by the state and minor divisions. New
Jersey ('05 ch.i6i) provided that no debt secured by a mortgage
on property exempt from taxation should be taxable. New
Jersey made no essential change in its mortgage tax law, which
now practically exempts mortgages from taxation by permitting
the borrower and lender to contract freely, but passed an act
('05 ch.243) excepting bmlding and loan associations from the
recent mortgage tax laws of 1903 and 1904. Minnesota ('05 ch.86)
provided that mortgages held by state and national banks should
not be listed for taxation.
The relief of intangible personal property is affected by certain
other exemptions intended to favor quasi-public institutions
without setting up any principle. Texas ('05 p.410) exempts
endowment funds of ** institutions of learning and religion not used
with a view to profit, and when the same are invested in bonds or
mortgages." Indiana ('05 ch.27) exempts mortgages, notes and
bonds issued by the Indiana State Board of Agriculture.
Wisconsin ('05 ch.214) provided that stock in national or state
banks or other corporate stock should not be considered debts due
to any person within the meaning of the law permitting deduction
of debts from taxable credits. Connecticut ('05 eh. 247) prevented
the double taxation of stocks and bonds held by railroad com-
panies by specifying when and how they should be listed.
Wisconsin, in its taxation of street railways and other com-
panies (*o5 ch.493), affirmed the principle of taxing once only the
simi of property rights in a corporation. A part of this law (§ 2) is
worthy of quotation: "The assessment and taxation of the
property of a company in the name of the owner, lessee or operating
company shall be deemed and held an assessment and taxation of
all the title or interest in such property of every kind or nature."
And again (§ 25) the same principle is laid down, though mote
weakly, because applied only to stock: **The taxes hereby im-
posed or paid by such companies shall also be in lieu of all taxes
on the shares of stock of such companies owned or held by in-
dividuals of this state, and such shares of stock in the hands of
individuals shall be exempted from taxation." The wording of
the law of West Virginia ('05 ch.38) suggests the same view as ap-
plied to real estate: "The word 'land' or 'lands' and the words
'real estate' or 'real property' include lands, tenements andheredi-
FETTER TAXATION 1/9
taments and all rights thereto and interest therein except chattel
interests and chattels real not included in the valuation of such
land." ■ It is doubtftil, however, how this would be interpreted by
assessors.
The law of Texas ('05 ch.146), noticed below, providing for the
valuation by the State Board of the intangible assets or franchises
of a large variety of corporations, might at first glance seem an ex-
ception to the general tendency away from the taxing of intangible
property. But it is of a very different nature, and does not involve
the double taxing of physical wealth and of property claims ; rather
it is an example of the commendable movement toward securing
the taxation once of the valuable privileges granted to public servite
corporations.
Situs of personal property for taxation. Rhode Island ('05 ch.
1246) seeks to make the sittis of tangible personal property more
generally determine its taxation; clatises are added to the law
taxing personal property where it lies, when it is located in the
state and belongs to a nonresident, when it is in the form of ma-
chinery, when it belongs to persons tmder guardianship, and when
it is held in trust. New Hampshire ('05 ch.15) taxes portable mills
in the town where they are on the first day of April, regardless of the
residence of the owner; also ('05 ch.2s) taxes boats and launches
where the owner resides, if in the state ; otherwise, where they are
located on the first day of April; and ('05 ch.42) taxes as real
estate where situated certain kinds of tangible property (such as
lands, dams, machinery etc.) used by corporations supplying
electric power or light. Oregon ('05 ch.156, 162) taxes foreign
sheep coming into the state for the purpose of pasturage or being
driven through the state, and live stock grazing in more than one
cotmty in proportion to the time they are in each coimty. Kansas
('05 ch.503) provides for taxing where it is used the physical property
used for distributing heat, light, oil etc., and deducts the amount
from the total true value of the stock in taxing the corporation to
which they belong. Wisconsin ('05 ch.487) provides for the tax-
ation of vessels, whether at home or abroad, as personal property,
presumably therefore at the residence of the owner.
In two Michigan cases decided in 1905 (Teagan Transportation
Co. V. Board of Assessors of City of Detroit and the City of Detroit
V. Mackinaw Transportation Co.) it was held that the law allowing
corporations to fix in their articles of incorporation their situs for
taxation was imconstitutional. The effect of this decision appears
l8o N, Y. STATfi LIBRARY REVIEW OF LEGISLATION I905
to be to forbid a corporation making merely nominal headquarters
in a place where taxes are low, while escaping taxation in the cities
where the business really is carried on.
Mode of assessment and collection. Salaries, In the two cases
where changes can be noted in salaries, they are upward, as has
been the case for some years past. Vermont ('04 ch.165) raised the
salary of the Commissioner of State Taxes from $1100 to $2000,
and New Jersey ('05 ch.122) made the upper limit of compensation
for assessors* clerks $125 instead of $100.
Central assessment. The trend toward central assessment is
strong, at least 1 1 states having passed laws looking in that direction.
Washington ('05 ch. 11 5) created a state board of tax commissioners.
Wisconsin ('05 ch.380), which has had a temporary tax commission,
created a permanent one and provided for its organization. New
Jersey ('05 ch.67) abolished its State Board of Taxation and created
a board of ** equalization, revision, review and enforcement of tax
assessments." Michigan ('05 ch.281) changed somewhat the
method of appointment of the tax commissioners and enlarged
their duties and powers.
Pennsylvania ('05 ch.32) estabhshed county boards in counties
of 300,000 to 1,000,000 and abolished the ward, borough and town-
ship assessors in such counties, as respects the assessment of state
and coimty taxes. South Dakota ('05 ch.42) provided for a meet-
ing of county auditors with the State Board of Equalization and
Assessment.
Wisconsin ('05 ch.493) made the commissioners of taxation a
state board of assessment for street railways and electric companies
operated in connection therewith, and also ('05 ch.494) for the
assessment of the property of telegraph companies. North Dakota
('05 ch.151) extended the power of assessment of the State Board
of Equalization to street and interurban railwajrs. Oklahoma
('05 ch.31) gave to the Territorial Board of Equalization the assess-
ment, equalizing and taxing of street railways and express com-
panies in the same manner as now exercised over railway property.
Tennessee ('05 ch.513) intrusted to the state tax collectors the assess-
ment of interurban and street railway property. Texas ('05 ch.146)
provided for a state tax board to value the intangible assets of a
variety of corporations, such as railroads, express companies etc.,
and for the apportionment of these assessments to the various
counties according to the business done in some cases and according
to the line or car mileage in others.
FETTER TAXATION l8l
Centralization and unifying of collection. Wisconsin taxed street
railway cx)nipanies and electric companies in connection therewith
('05 ch.493) at the average rate of taxation for state, county and
local purposes. . The state is to retain 15% and to distribute 85%
to towns, cities and villages in proportion to the gross receipts
from operation in each. The law relating to telegraph companies
('05 ch.494) is in alm*^ q^entical terms, except that the sections
relating to distribution to localities are omitted. New Jersey
('05 ch.91) provided for the central collection as well as assessment
of taxes on railroad and canal property. Missouri ('05 p. 269)
provided for the assessment by the State Board of Equalization
of cars not belonging to the railway companies and for the appor-
tionment of their value to localities according to car mileage and
for central collection of the taxes.
Special forms of taxation
Special taxation of individuals. Several states legislated on the
subject of business taxes. Florida ('05 ch.io9) requires nonresident
nurserymen to pay a license tax of $25 a year. Texas ('05 ch.iii)
imposed an occupation tax on persons engaged in purchasing trans-
fers of wages. Texas likewise ('05 ch.148) extended the gross
receipts tax to several lines of business carried on by individuals
and firms as well as by corporations. This included express com-
panies, telegraphs, commercial agencies, dealers in coal, oil and
similar articles, and other lines of business. West Virginia ('05
ch.36) generally revised the laws of taxation and made a ntmiber
of minor changes in the taxation of occupations. New Hampshire
('05 ch.83) imposed taxes on trading stamp companies in the form
of licenses, and of an excise tax ranging from 3 to 10% of the
gross amotmt received from the sale of the stamps.
The New York stock transfer tax law ('05 ch.241), perhaps the
most noteworthy tax measure of the year, imposed a stamp tax of
2 cents on each transfer of a share of stock of the par value of $100,
which is $2 on each sale of the usual amount of 100 shares. This
tax, which was expected to yield about $3,000,000, has thus far
yielded at a rate that would amotmt to about $6,000,000 a year.
Exemptions from the business taxes are seen in Florida ('05 ch. 1 10)
which exempted physicians and surgeons, and in Maine ('05 ch.163)
which exempted honorably discharged soldiers and sailors of the
War of 1 86 1, from the payment of a poll tax.
l82 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
The only step toward an income tax was that of Wisconsin
('05 p. 992) in the form of a joint resolution looking toward the
amendment of the state Constitution so as to permit taxes on
incomes, privileges and occupations which may be graded and
progressive.
Special taxation of corporations. A few measures of some sig-
nificance in corporation taxation mark the legislation of the year.
Texas ('05 ch.146) provided for the taxation of the intangible
assets of certain corporations, especially transportation companies,
according to the Indiana plan, by providing for a state tax board
to assess the values and certify them to the counties. Wisconsin
('05 ch.493) provided for taxing street railways and electric com-
panies and ('05 ch.494) telegraph companies at the average rate
of taxation for state, county and local purposes (see above imder
Central assessment). Michigan ('05 ch.282) provided similarly
for the taxation of transportation companies at the average rate
of taxation in the state. This is the last of a series of experiments
by which Michigan has attempted to deal with this problem.
California ('05 ch.386) imposed an annual corporation license
tax of $io, independent of the amottnt of capital stock, following
in this the example of the neighboring state of Washington.
Wisconsin applied extensively the plan of taxing gross receipts;
increased ('05 ch.437) the license or tax on gross receipts of street
railways and electric companies from 2 to 2^% in case of smaller
receipts and from 4 to 5% in case of larger receipts; revised ('05
ch.455) the taxation of life insurance companies organized outside
of the state by increasing the percentage of premiimi receipts so
as to put them on a parity with the domestic companies ; increased
('05 ch.325) the gross income tax of fire and navigation insurance
companies from 2 to 4%; raised ('05 ch.488) the gross receipts
tax on telephones from 3 to 4 % in certain cases, but reduced it in
other cases from 2^ to 2^%; raised ('05 ch.442) the license fee of
trust annuity and guaranty corporations from $300 to $500 and the
tax on net income from 2 to 3%. Connecticut ('05 ch.264) imposed
a gross receipts tax of 2% on the express business of electric and
street railways. Texas ('05 ch.141) applied a gross receipts tax of
1% to the receipts of railways from all sources (formerly only on
passenger receipts) and to several other kinds of btisiness (see under
next heading).
Three states took more vigorous measures to compel the pay-
ment of charter fees by corporations. Vermont ('04 ch.90) de-
clared that corporations failing to pay the license tax shall cease
FETTER TAXATION * 1 83
to exist on April i following their delinquency. Pennsylvania
('05 ch.i2i) imposed a penalty of $500 for the neglect or refusal
to make reports to the Auditor General for any three tax years.
New Jersey ('05 ch.259) provided that the charter of any corpora-
tion delinquent for two consecutive years in the paying of any
tax shall be declared void.
Separation of state and local taxes. Two modes of departure from
the general property tax may be noted; the one, the assessment and
collection of a lump sum from a given source and the division of the
proceeds in some iftxed percentage between the state and other
divisions ; the other, the setting aside of different taxable objects or
sources for state and for local purposes. The one may be called the
tmification of assessment and collection, the other is called the sepa-
ration of state and local taxation. Legislation on tmification is
illustrated by several measures above referred to, as the New York
mortgage tax, which is collected by the cotmty clerks and divided
equally between the state and the counties, and by the law of Wis-
consin ('05 ch.493) which apportioned the proceeds of the taxes of
street railroads and electric companies, 15% to the state and 85%
to the towns, cities and villages.
Under the policy of separation of tax sources may be noted Wis-
consin ('05 ch.494) which set aside for the use of the state the pro-
ceeds of the tax on telegraph companies and of several license fees
imposed or increased; and Texas ('05 ch.148) which imposed a
gross earnings tax for the use of the state and in lieu of all other
taxes on express companies, sleeping car companies, etc., and ('05
ch.141) on railroad companies; and in addition to all other taxes
imposed a tax on the gross earnings of telegraph and telephone
companies, collecting agencies, gas, lighting and water companies,
stock exchanges, and a nimiber of other businesses, all for the
benefit of the state. The New York stock transfer tax of 1905 is
exclusively for the state treasury. Michigan ('05 ch.282) applies
the proceeds of the taxation of transportation companies, at the
average rate of taxation in the state, to the educational funds and
the discharge of the state debt. The gross receipts tax of Con-
necticut ('05 ch.264) on express business of electric railways, which
is in lieu of all other taxes on the corporations, is for the use of the
state.
Governors' recommendations
The significant references made by the governors to this general
subject may, for convenience, be grouped in the order of the pre-
ceding outline and discussion.
184 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
General property tax. Study and attempts to reform the general
property tax are reflected in a number of messages. Conditions are
bad, but there is no hope in the work of a costly tax commission
(S.D.). The Legislature should have greater latitude in tax legis-
lation than is permitted by the Constitution (Minn.). Recent tax
legislation is commended in one case (Neb.) ; but the bad result of
hasty revision, making necessary later a special session of the Leg-
islature, is a warning in another case (Or.). Attention is called
to the fact that the Legislature has followed pretty closely a special
tax commission report (W. Va.), which is indeed a remarkable
event. A recommendation of a special tax commission is made in
one case (Wash.).
Taxable objects. Two governors criticized the growing tendency
to exempt property. One opposes exemption of quasi-public cor-
porations (Ct.); another opposes any exemptions (Vt.).
Real estate is said to be generally imdervalued (Or.).
The treatment of intangible personalty receives considerable
attention. One governor mildly said that its taxation might be
more equitable (R. L) ; another that three fourths of the personal
property escapes, and again more emphatically that only 2% of
what is legally taxable is assessed; but this is declared to be no
more than what might be expected (S. D.). One pleads despairingly
for honest listing (Kan.) arid another angrily declares that drastic
measures are needed (Minn.). The fuller assessment of intangible
personalty is urged, and it is menacingly added that even the privi-
lege of legal collection should be denied to debts that have not been
assessed (Tex.).
The Governor of Wisconsin thinks the recent mortgage tax law
is a disappointment in that the rate of interest to borrowers has not
declined, and he advises going back to the old law. He makes also
the somewhat confused and confusing recommendation that the
cash value of insurance policies should be taxed to the policy holder.
Franchise taxation as applied to the special franchises of public
service corporations is favored in several instances. Franchises are
said to escape unfairly (Fla.). Taxation of franchises is recom-
mended (Wash., Kan., Minn.).
Modes of assessment and collection. In one case a recommen-
dation is made that assessors be elected instead of appointed.
A ntmiber of suggestions look toward centralization and improve-
ment of the assessment. Cotmty assessors with deputies should re-
place the present system of local assessors (Kan.). The temporary
tax commission should be made permanent (Wis., Minn.). The
FETTER TAXATION 1 85
establishment of a state board of equalization is recommended
(Pla.). The state board should be given more power (N. J., N. M.).
The state board should assess other corporations (Ariz.) , and it is even
said should assess all corporate property (Ark.). In order to
remedy unequal assessment by local officers, all assessment should
be in the hands of the state board, which should appoint every
assessor in the state (S. D.), the most sweeping and perhaps the
most fertile suggestion anywhere made.
Special forms of taxation. Special taxation of individuals. Few
references are made to occupation taxes. One recommendation is
that license taxes should cover all profitable businesses (Fla.), but
another governor (Tex.) quotes approvingly from the Democratic
state platform favoring the abolition of all taxes on occupations.
The income tax is generally uncollected (S. C), but the enactment
of an income tax is advised (Minn., Ga.), and an amendment to the
Constitution making it possible is recommended (Wis.).
Special taxes on corporations. The Governor of New York rec-
ommends the repeal of the recent tax on the surplus of savings
banks.
Every corporation should pay a specific tax (Ga.). Sleeping car
companies should be taxed more heavily (Mich.).
The gross earnings of insurance companies shoidd be taxed (Or.)
and of railroad and street railway companies (W. Va.), the gross
output of mines (Ariz.), the output of coal (Pa.). A fixed tax
should be imposed on mines graded by size (W. Va.).
In opposition to these opinions toward gross earnings. taxation is
the recommendation (Wis.) to replace a system of taxation of elec-
tric railways and lighting by an ad valorem system.
The separation of state and local taxation finds favor with at least
seven governors. It is a good tendency (Cal.), should be en-
couraged (Or.), and is a model system where applied (Ga.). The
complete separation is recommended or hoped for (W. Va., Wash.,
Wis.), and the attainment of this end two years ago is noted in one
case (Vt.).
Study of taxation. Six governors expressed in some way their
feeling of the importance of systematic study of the tax question,
and one recommended a special tax commission. Four states
created, or called upon, commissions to study and report upon the
question.
Taxable objects. Two governors criticized or opposed exemptions,
but eight states added somewhat to exemptions for educational,
religious, or similar quasi-public purposes.
1 86 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
One governor said that real estate was tindervalued, and five
voiced the usual complaint of the failure to tax intangible personalty.
One declared for the return to the old mode of taxing mortgages
tmder the general property tax and favored taxing insurance policies
on their value. Four advocated fuller assessment of special fran-
chises of corporations.
The recommendation of the assessment of the value of franchises
is not open to criticism, but all the other suggestions regarding the
taxation of intangible personalty show the old-time hopeless con-
fusion regarding the nature of property, and regarding the applica-
tion of the general property tax to paper evidences of ownership.
While two states sought stricter enforcement of the tax on bonds
and mortgages, lo states in some way implied in their new laws a
desire to do away with the taxation at the same time of tangible
wealth and of the paper evidences of property rights in that wealth.
The practice was thus much in advance of the governors' theories.
Situs. No governors expressed themselves on this subject.
Four states sought to tax personalty where it lies rather than at the
home of the owner, especially when it is in the tangible form of
machinery, live stock, etc. In one state it was declared tmcon-
stitutional to allow a corporation to fix its situs for taxation in a
place where its btisiness is not actually carried on.
Assessment. Nine governors agreed in asking greater centrali-
zation or greater power for central boards of assessment. Two
states increased assessors' salaries. Eleven changed the oi^ganiza-
tion and increased the powers of county and of state boards of as-
sessment, and three provided for central collection of taxes (both
state and local) on some kinds of corporations. Here both opinion
and practice are in the line of progress.
Special taxation of individuals. One governor favored and one
opposed the extension of special occupation taxes. Four states
added minor measures of this kind, and one passed a imique excise
measure in the form of a stock exchange stamp tax. Two states
made minor exemptions from occupation taxes.
Three governors favored income taxes and one state took steps to
amend its Constitution so as to make an income tax possible.
Special taxation of corporations. Eight governors suggested
further taxation of corporations and but one suggested reducing
any corporation tax,' that on savings banks (N.Y.).
Five states added materially to corporation taxes, Wisconsin and
Texas being noteworthy. Five of the governors' recommendations
FETTER TAXATION 187
were for taxes on gross earnings, and two states passed laws of that
kind; but these same states (Wis., Tex.) passed others of a dif-
ferent nature, and thus the tendency was not marked.
Three states sought more vigorously to enforce the collection of
fees from corporations.
Separation of state and local taxation. Seven governors recom-
mended the separation of state and local taxation, and five states
added to the taxes which accrue solely to the state treasury.
The general movement is in the direction of sounder principles
and better practice, but as has been said in this review in previous
years, the progress seems to be groping and experimental and not to
be guided by any clear insight into the difficulties of the existing
system or into the theory of taxation.
INHERITANCE TAX*
MAX WEST PH.D., SPECIAL EXAMINER IN THE UNITED STATES
BUREAU OF CORPORATIONS
Progressive inheritance taxes were adopted in 1905 by Minne-
sota, South Dakota and California, while New Hampshire enacted
an old-fashioned collateral inheritance tax.
Governor Pardee of California, in his message of January 1905,
recommended to the Legislature that it give careful consideration
to the question whether the application of the inheritance tax law
should be extended, first by taxing direct as well as collateral in-
heritances, and secondly by making the tax progressive, as has been
done in several other states. The Legislature adopted his sug-
gestion by practically reenacting for California ('05 ch.314) the pro-
visions of the Wisconsin inheritance tax law.' The rates are the
same as in Wisconsin : that is to say the primary rates for an in-
heritance not exceeding $25,000 are 1% for direct heirs; ii% for
brothers and sisters and their descendants, sons-in-law and daugh-
ters-in-law; 3% for uncles and aunts and their descendants; 4%
for great-uncles and great-aunts and their descendants; and 5%
for others. The primary rates are multiplied by i^ for the excess
above $25,000 in each inheritance up to $50,000 ; by 2 for the excess
above $50,000 up to $100,000; by 2^ for the excess above $100,000
up to $500,000; and by 3 upon the excess above $500,000, thus
making the maximiun rate for large amounts going to strangers in
blood 15%. The principal difference between the California law
and its model is that the exemptions are somewhat more generous
than in Wisconsin, and make a well considered distinction between
minor and adult children. In the case of a widow or minor child
there is an exemption of $10,000, while the exemption allowed a sur-
viving husband or any other direct heir is but $4000. The nearest
collateral relatives are allowed an exemption of $2000 each; uncles
and aunts and their descendants, $1500; great -imcles and great-
aunts and their descendants, $1000, and others, $500. Bequests
to charitable, benevolent, educational and public institutions are
wholly exempted. In the case of taxes paid within six months of
the decedent's death, a discount of 5% is allowed; on taxes not paid
within 18 months, interest is charged. Coimty attomejrs are charged
with the duty of collecting these taxes and are allowed to retain, in
addition to their other salaries or fees, 3% of the first $50,000
*See also Governors Messages and Index of Legislation, 836.
*See Review of Legislation 1903, p.h2()
188
WEST INHERITANCE TAX 189
accounted for each year, i J% of the next $50,000, and one half of
1% on all additional sums; but any special attorneys needed for
enforcing the payment of these taxes must be compensated out of
this commission. The revenue from this tax up to $250,000 each
year is applied to the school fund; any excess above that amount
to the general fund of the state.
The South Dakota tax ('05 ch.54) is progressive only in the case
of distant collateral relatives and strangers in blood. Direct heirs
and brothers and sisters are taxed only r%, without regard to the
amount of the inheritance, while estates of $20,000 or less passing
to the widow, and $5000 each to other direct heirs, are exempt.
The decedent's imcles and aunts, nephews and nieces, and their
descendants are taxed 2%, with an exemption of $500 each. More
distant relatives and strangers are taxed 4% on amounts of $10,000
or less, 6% on the excess above $10,000 up to $20,000, 8% on the
excess above $20,000 up to $50,000, and 10% on the excess above
$50,000, with an exemption of $100 to each heir. A discount of
5% is allowed when the tax is paid within one year: in other cases,
interest at 6% is charged.
Governor Johnson of Minnesota in recommending the taxation
of inheritances to the Legislature of 1905, referred to the repeated
efforts along this line of preceding Legislatures, which had in every
case been found imconstitutional. The defects having been
pointed out by the Supreme Court, he suggested that it would-be
possible to pass a law which would be approved. The result of this
recommendation is an act ('05 ch.288) which differs from most
inheritance tax laws in that it makes no distinction between different
classes of relatives, but graduates the rates of taxation solely
according to the amount inherited. Heirs of every degree are
required to pay, on the excess above $10,000 inherited by each,
I J% up to $50,000, 3% on amounts of $50,000 or over and less than
$100,000, and 5% on amoimts of $100,000 or oven
The Constitution of New Hampshire was construed many years
ago as prohibiting inheritance taxes ; but one of the constitutional
amendments adopted in 1903 extended the permissible objects
of taxation to include franchises and "property when passing by
will or inheritance." Governor McLane, in calling the Legislature's
attention to these two new available sources of revenue, expressed
the opinion that a tax on inheritances would produce considerable
revenue without injustice to any one. The Legislature, however,
seriously restricts the revenue-producing power of the tax ('05 ch.40)
190 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
by wholly exempting direct heirs and brothers and sisters, as well
as charitable, educational and religious institutions and mimicipali-
ties. In other cases the rate of taxatibn is uniformly 5%, apparently
without any exemption of small amounts.
Minor admiidstrative amendments were adopted in several
states. The New York law was rewritten and revised ('o5ch.368),
the Vermont law rewritten ('04 ch.30), and the Utah law elaborated
('05 ch.np) by the addition of administrative provisions. Con-
necticut, in amending a section of its law, omitted the reciprocal
provision which exempted estates of decedents residing in other
jurisdictions where estates of Connecticut decedents were not
taxed. Exemptions were extended to include stepchildren in
Pennsylvania, educational institutions in Oregon, bequests for
charitable purposes in Washington, and bequests to counties and
municipalities for public purposes in Wisconsin. Maine made it
the duty of the register of probate to report delinquent estates
to the county attorney. Massachusetts and Montana altered only
minute details.
The inheritance tax is now fotmd in 33 states.
New York State Education Department
New York State Library
REVIEW OF LEGISLATION I905 LEGISLATION BULLETIN 29k
Local Government Delos F. Wilcox
Local Finance Frederick R. Clow
Municipal Functions John A. Fairlie
LOCAL GOVERNMENT*
DELOS F. WILCOX PH. D., SECRETARY DETROIT MUNICIPAL LEAGUE
City govemment
In last year's review we were confronted with a dearth of sig-
nificant municipal legislation. This year the opposite is true.
During the 12 months imder review important amendments
were adopted applying to the charters of New York city, Chicago
and Philadelphia; Omaha, Grand Rapids, Mich., Houston, Texas,
and many less important cities were given entire new charters;
a complete new mimicipal code was adopted appl)dng to all the
cities of Indiana; the initiative, the referendum and the recall
made more rapid progress than ever in municipal legislation;
home rule was not without its victories, and all in all the year
1905 was a memorable one in the history of American mimicipal
govemment from the standpoint of charter construction.
Home rule. California maintains its position as the leader in
the mimicipal home rule movement. No less than eight Cali-
fornia cities, Stockton, San Diego, Santa Rosa, Santa Barbara,
San Bernardino, Los Angeles, Pasadena and Fresno, adopted either
complete new charters or extensive series of charter amendments
under the home rule sections of the state Constitution. These were
all dutifully approved by the Legislature according to the hitherto
unbroken custom of that state. Not satisfied, however, with the
liberal use of the home rule system in its present form, California
continues to strengthen and perfect it through constitutional
amendments. Two amendments were proposed in 1905 and
will be voted on in November 1906. One ('05 p.1064) will change
section 8 of article 1 1 so that any city having at least 3500 population
*See also Governors Messages and Index of Legislation, 2430.
igx
192 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
will have express authority, not only to frame a charter by means
of an elected board of freeholders, as has been the case heretofore,
but having done so, to frame anew one whenever it desires. These
home rule charters hereafter will need only to be consistent with
the state Constitution. When approved by the Legislature, they
supersede all conflicting laws, whether general or special. Every
home rule charter will have to be submitted to the people within
30 days after being published. Heretofore the Constitution has
required that it be submitted within "not less than " 30 days.
The other proposed amendment ('05 p. 1063) has to do with
tenure of office, and evidently is intended to take away the last
vestige of doubt as to the constitutionality of the recall, which
was attacked in the California courts last year. A case from Los
Angeles was taken to the Supreme Court of the state, but the
judges decided the issue on technicalities of procedure, thus avoid-
ing a direct decision of the constitutional questions involved.
The amendment now proposed states specifically "that in the case
of any officer or employee of any municipality governed under a
legally adopted charter, the provisions of such charter with refer-
ence to the tenure of office or the dismissal from office of any such
officer or employee shall control."
Outside of California the home rule movement made less rapid
progress. In Oregon a constitutional amendment prohibiting
special legislation for cities and granting them the right to frame
and adopt their own charters "subject to the Constitution and
laws of the state** was approved by the Legislature in 1901 (p.471)
and again in 1903 (p. 346) but remains ineffective for the reason
that the Legislature made no provision for submitting it to the
people.*
In Minnesota the law providing the procedure for securing home
rule charters was amended and liberalized ('05 ch.253). In drafting
the original constitutional amendments providing for home rule
charters in Missouri, California and Minnesota, the possibility that
a city might want to frame a second home rule charter to super-
sede the one first adopted seems to have been overlooked. In
Missouri and California constitutional amendments were needed
to straighten this matter out. In Minnesota, on the other hand,
an act of the Legislature was sufficient. This act ('05 ch.253)
provides that charter amendments, whether prepared by the
standing board of freeholders provided for in the Minnesota scheme
*At the June election in 1906, a home rule amendment initiated by popular
petition was adopted by a large majority.
WILCOX LOCAL COVERNMENT I93
or by petition of 5% of the qualified electors of the city may be in
the form of separate amendments or of a complete revision of the
charter. In either case the proposition must be submitted to the
people and, if approved by a three fifths majority vote, goes into
effect. Home rule charters and charter amendments do not have
to be submitted to the Legislature for approval in Minnesota.
An extremely unusual form of mimicipal home rule is contained
by implication in the revised charter of Reno, Nevada ('05
ch.71). "Ordinances adopted and passed by the council," says
the charter, "shall not supersede the general laws of the state with
respect to their operation within the city, unless it be so expressly
declared in such ordinance.'* In other words, the council can
override the state laws, if it only says so. This applies, of course,
only to those subjects which come under the purview of the council
by the terms of the city charter.
A much more substantial guaranty of municipal home rule is
contained in the new charter of Houston, Texas ('05 special
acts ch.17), which states that "the specification of particular
powers shall never be construed as a limitation upon the general
powers herein granted, it being intended by this act to grant to
and bestow upon the inhabitants of the city of Houston and the
city of Houston full power of self-government, and it shall have and
exercise all powers of mimicipal government not prohibited to it
by this charter or by some general law of the state of Texas or
by the provisions of the Constitution of the state of Texas."
Initiative and referendum. Great progress was made during
the year in the extension of the initiative and referendum in mimici-
pal matters. It has long been customary in some parts of the
country, particularly in the New England States, to submit new
charters and important charter amendments to popular vote.
But the right of the people to initiate municipal measures has
l^een confined for the most part to the initiative on charter amend-
ments in some of the home rule states and the initiative on ordi-
nances in a few cities having home rule charters. Indeed the
referendum itself has been for the most part discretionary with
the lawmaking authority, except that in certain classes of cases,
such as bond issues, the purchase or erection of a public utility
and the annexation of new territory, the referendum has often
been mandatory upon the local legislative body.
San Diego (Cal. '05 p.901) adopted the initiative and the optional
referendum last year. If electors to the ntmiber of 5% of the
ntmiber of votes cast at the last election for mayor petition for any
194 ^'- Y. STATE LIBRARY REVIEW OF LEGISLATION I905
ordinance, it must be submitted to the people at the next general
municipal election which occurs at least 30 days after the petition
has been verified. If the petition is signed by 15% of the electors,
and they ask for a special election, the council may either pass the
ordinance without alteration or submit it at a special election as
requested. Ordinances adopted by the people can not be amended
by the council, but the council may propose the amendment or
repeal of any such ordinance and submit the question to the people
for their decision. No ordinances pa.ssed by the council, except
ordinances required by the general laws of the state and ordinances
referring to street improvements, go into effect inside of 30 days
unless the common council by two thirds vote declares them to be
emergency measures. No franchise grant, however, may be con
strued as an emergency measure. If within 30 days after the
passage of an ordinance 7% of the electors petition to have it sub-
mitted to popular vote, the council must reconsider and repeal it
or else submit it as requested. In San Bernardino (Cal. '05 p. 940)
the initiative and optional referendum have also been adopted,
but petitions to make use of them must in either case be signed by
30% of the voters.
The city of Miami, Florida, which had in 1900 a population of
only 1 68 1, has adopted an elaborate system of initiative and
optional referendum procedure, with the required petitions rang-
ing from 10% to 25% of the registered voters (Fla. '05 ch.148).
Reno (Nev. '05 ch.71) has the initiative on ordinances, a petition
of 30% of the number voting at the last general city election being
required if a special election is to be called; otherwise, only 15%.
Houston (Tex. '05 special acts ch.17) has the optional referen-
dum on franchise grants on petition of 500 electors filed within 30
days after a franchise ordinance is passed. In the case of fran-
chises nmning for more than 30 years the referendum is obligatory
without any petition therefor.
Grand Rapids (Mich, local acts '05 ch.593) has, in its new char-
ter, the optional referendum on all ordinances, franchise grants
and contracts (except for street improvements) involving the
expenditure of more than $10,000. The petitions must be signed
by 12% of the voters and filed within 30 days after the passage of
the measure. Grand Rapids also has the advisory initiative on
charter amendments. That is to say, the people by petition of
12% of the electors may propose any charter amendment and
require its submission to popular vote. If approved, any such
amendment is transmitted to the Legislature with the official re-
WILCOX LOCAL GOVERNMENT 195
quest of the city that it be enacted into law. This is supposed to
be as far as they can go in Michigan under the present state Consti-
tution in giving the people the right of the initiative.
In Maine the Legislature passed acts abolishing the second
branch of the city councils in three cities, Rockland, Portland and
Augusta, subject to acceptance of the changes by the people (Me.
'05 private laws ch. 122, 287, 378). The people of Portland re-
jected the proposition applying to their city at the polls. The
result of the referendum in the other cities is not known to the
writer.
The charter of Salem, W. Va. ('05 ch.14) was passed subject to
an optional referendimi on petition of 100 freeholders filed within
10 days after the passage of the charter bill.
The Connecticut Legislature passed special acts affecting Dan-
bury, New London and New Britain (Ct. '05 special acts ch. 309, 329,
411). The first and third of these were passed subject to accept-
ance by the people of the cities affected. All three acts provide
for a peculiar kind of optional referendum. In Danbury the
budget, and in the other cities any ordinance, must be submitted
to a vote of the people at a city meeting called to consider the
measure on petition of five members of the common council and
30 other citizens.
In Wisconsin an act was passed ('05 ch.92) applying to all cities
of the second, third and fourth class, whether organized under
special charters or under general laws, leaving it optional with the
common council to determine by ordinance whether there shotdd
be one alderman or two from each ward, but every such ordinance
must be approved by the people before it can go into effect. In
the same state an act was passed (Wis. '05 ch.44) authorizing the
electors of villages to pass on resolutions determining that the
president and trustees shall have salaries.
Finally, an act making important changes in the government of
Chicago was passed by the Illinois Legislature subject to the ap-
proval of the people of the city (111. '05 p-ioj). The passage of
this special act for Chicago was made possible by the adoption of a
constitutional amendment a year or two ago exempting Chicago
from th^prohibition of special legislation at the hands of the Legis-
lature of the state subject to the condition that all special acts
passed for the city must be submitted to the people of the city for
their acceptance.
The recall. The growing popularity of the recall is evidenced
by the fact that although it was adopted in 1903 in the Los Angeles
charter for the first time in the history of the United States, four
196 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Other California cities adopted it last year. In all these cases it
appUes to elective oflScers only. No provision is made for the
nomination of candidates at a recall election, except that the
incumbent's name is placed on the ballot as a matter of course
unless he gives written notice of his withdrawal from the contest.
In San Diego (Cal. '05 p.901) when the electors are dissatisfied with
any elective official, they may call a special election to otist him.
The petitions for the special election must state in a general way
"the grounds for which the removal is sought," and must be signed
by electors not less in number than 25% of the total vote cast
for all candidates for the office in question at the election when
the inctimbent was chosen. The candidate receiving the highest
vote at the special election, whether it be the incumbent or a new
man, is declared chosen for the remainder of the official term. In
Pasadena (Cal. '05 p.ioii) the procedure for the recall is the same
as in San Diego. In San Bernardino (Cal. '05 p.940) a variation
is made by requiring the signatures of 30%-, instead of 25%, of
the voters to any recall petition. Fresno (Cal. '05 p. 1026) is still
more conservative and requires 51%.
The experience of Los Angeles with the recall has had an influence
far beyond the limits of California. One evidence of this is found
in the fact that Governor LaFoUette commended the recall to
the "careful consideration" of the Wisconsin Legislature in
January 1905.
Civil service reform and nonpartizanship. No very general progress
in. the establishment of the merit system was apparent in the
municipal legislation of 1905. A bill for the establishment of this
system in Detroit got through the Michigan Legislature, but was
vetoed by Governor Warner. In New Jersey provision was made
for a civil service commission in cities of the first class to prescribe
rules and conduct examinations for appointments to the police
and fire departments. The commission is to consist of two free-
holders, not both of the same political party, appointed by the
mayor. Appointments to the police and fire forces are to be made
from the eligible lists by the boards of fire and police commissioners
respectively. Every appointment shall be of one of the three
men whose names come first on the eligible list. In the new
municipal code of Indiana ('05 ch.129) the mayor is authorized
to call the heads of the departments together for constiltation on
the city's business. It is provided that "rules and regulations
shall be adopted at such meetings which shall prescribe a common
and systematic method of ascertaining the comparative fitness of
WILCOX LOCAL GOVERNMENT I97
applicants for office, position and promotion, and of selecting,
appointing and promoting those foimd to be best fitted." This
squint in the direction of the merit system is in amusing contrast
with a later provision of the code which ordains that "not more than
one half, as nearly as may be, of the regular appointees of the
waterworks shall be taken from or maintained from any one
political party."
Here and there the growing spirit of nonpartizanship manifested
itself in the lawmaking. For example, one of the amendments
to the charter of Fresno, Cal. ('05 p. 1026) provides that all
candidates for city offices shall be considered as "independent,"
and no party name or designation shall appear on the ballot at all.
In Grand Rapids, Mich., the new charter made provision for the
nomination by petition and election on a nonpartizan ballot by
the city at large of the members of the school board (Mich. '05
local acts ch.593). The library commissioners have been elected
in that way for two or three years, and with general satisfaction.
On the other hand, New Jersey seems to have taken a measure
calculated to strengthen partizanship by abolishing all separate
charter elections and requiring that they be held at the same time
as the regular November election ('05 ch.3). There is a curious
indication of ultra party spirit in an act amending the charter of
. Waco, Tex. ('05 special acts ch.25). It provides that a certain
charter proposition shall be submitted to a popular vote of the
Democrats at the regular party primary and commands the
council to act in accordance with the result of this referendum.
Classification of cities and special legislation. Grovemor La
FoUette, of Wisconsin, struck a keynote in charter reform
in his recommendation to the Legislature in January 1905.
"One general act," said he, "granting broad powers in general,
terms, and designating the limitations placed upon them, should
be passed applying to all cities whether originally created by special
charter or otherwise. Thus uniformity in this class of legislation
would at once be secured, at the same time allowing the different
cities to work out their own peculiar problems in their own way."
During the year the same old practices in regard to special
legislation have continued. In those states where the Constitution
forbids special legislation for cities, the Legislature continues to
classify cities according to population. Sometimes the classifica-
tions become so ridiculous that they are overthrown by the courts.
During the year the Utah Legislature changed the population
limits of the three classes of cities provided for in that state so that,
198 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
hereafter, cities of the second class will be those ranging between
5000 and 30,000, instead of between 5000 and 20,000 in population
(Utah '05 ch.99). This change was evidently made for the purpose
of keeping Ogden in the second class, although it was getting
population enough to become a city of the first class. The New
York law prescribing the manner in which cities move from one
class to another was amended so that a particular city could stave
off its entrance into the second class for two years longer than the
time prescribed by the general rule (*os ch.501).
On the other hand, in Indiana and Illinois the Supreme Court
invalidated certain acts which were in form general, though in
operation they were special (Ind. '03 ch.105; III. '03 p.ioi). It
will be remembered that three or four years ago, the Supreme
Court of Ohio, after having sustained the classification of cities
through a long series of decisions, finally reversed itself and in-
validated the charters of all the cities of that state, necessitating
a special session of the Legislature to enact a uniform municipal
code. This movement in Ohio seems to have had some effect
outside. Indiana adopted a code last year applying to all cities
('05 ch.129). To be sure, for certain purposes the cities were
divided into five classes according to population as follows: first
cla^s, 100,000 or more; second, 45,000 to 100,000; third, 20,000 to
45,000; fourth, 10,000 to 20,000; fifth, under 10,000. This code
is, however, fairly general in character, as it applies to all cities
without exception, and the variations in the law for the cities of
the. various classes extend for the most part to details of organiza-
tion only.
In Connecticut an act was passed ('05 special acts ch.399) direct-
ing the Governor to appoint a commission consisting of one repre-
sentative of each city in the state and five other persons to prepare
a- general draft of laws for "the government of all cities of this
state, or any class or classes thereof, so that all laws in the nature
of charter provisions relating to cities in this state may be uniform
so far as may te practicable and advantageous."
. Saloon districting. The legislation of the year shows an increas-
ing tendency to give city authorities the right to establish saloon
divstricts and to confine the liquor traffic to business sections. Pro-
visions of various character relating to this subject were incor-
porated in the charters of Grand Rapids, Mich.; Miami, Fla.;
and. Dallas, Waco and Paris, Texas. Perhaps the most significant
provision of this nature is contained in the Indiana municipal
code (§53), which provides that the city council may exclude the
WILCOX LOCAL GOVERNMENT p I99
Uquor traffic from suburban or residence districts and define the
business parts of the city within which saloons must be foimd.
It is further provided that with reference to the Hcensing of saloons
and the establishment of saloon districts the jurisdiction of cities
having more than 45,000 population shall extend 4 miles beyond
their corporate limits and of all other cities 2 miles beyond. It
is provided, however, that this extra-territorial jurisdiction shall
not be effective within the corporate limits of another mimicipal
corporation except by mutual agreement, but if the two can not
agree, the ordinance governing the matter may be settled in Circuit
Court.
New York city. Important changes were made in the charter
of Greater New York, the most important being the extension of
the mayor's term from two years to four years ('05 ch.633) and
the transfer of certain powers of the board of aldermen* to the
board of estimate and apportionment ('05 ch.629). Practically
all ordinances affecting franchises heretofore or hereafter passed
by the aldermen were made subject to modification, amendment
or repeal by the board of estimate and apportionment, to the
same extent that they were previously subject to such action by
the board of aldermen. Furthermore the board of estimate and
apportionment is given authority, subject to the mayor's veto, to
grant franchises. In other words, this board is given concurrent
and superior jurisdiction with the board of aldermen in all fran-
chise matters. This charter amendment was adopted without
the acceptance of the city. The amendment increasing the mayor's
term from two to four years included also a provision extending
the terms of the Comptroller and the presidents of the boroughs in
like manner. This amendment was accepted by the city.
Chicago. Following out the new policy of. special legislation
made possible by the amendment of the Illinois Constitution a year
or two ago, the Legislature of Illinois passed an act changing the
charter of Chicago in certain important particulars ('05 p. 105).
This act has been accepted by the people and constitutes a first
step in charter revision. The term of mayor is extended from
two to four years. It is provided that the chairman of the finance
committee of the city council may receive besides his salary
as alderman an additional salary not exceeding $3500 a year, as
fixed by ordinance. It is provided that the interest on all public
moneys shall be paid into the city treasur}'' and that the city comp-
troller niust advertise once a year for bids for interest on the city
money to be deposited in depositories.
200 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I9OS
By another act of the Legislature, not subject to the referendum,
the board of aldermen in Illinois cities having more than 100,000
population is required to establish a mimicipal employees' pension
fund to consist of amounts retained from the salaries or wages of
employees in the water department who receive at least $65 a
month ('05 p. 96). This pension fund is put under the control
of the mayor, the city comptroller and four employees contributing
to the fimd. Any person who has contributed to the fimd for 10
years and has reached the age of 50 years, and has been in the ser-
vice of the water department at least 20 years, shall have the right
to retire and to receive as a pension one half the monthly salary re-
ceived before retirement. Provision is also made for the pension-
ing of widows and minor children.
Philadelphia. A radical change was made in the act governing
cities of the first class in Pennsylvania, commonly known as the
Bullitt Bill, passed about 20 years ago as a model charter for the
city of Philadelphia. The law was so changed as to take from the
mayor and give to the select and common cotmcils voting in joint
session the appointment of the director of public safety and the
director of public works and make these ofl&cials subject to re-
moval by majority vote of the councils in joint session ('05 ch.243).
Governor Penny packer approved this act, which has since been
repealed. He vetoed, however, two similar acts providing that
the directors of the departments of supplies and of public health
and charities be appointed by the city councils instead of by the
mayor. The Governor explained his action in approving one bill
and vetoing others by saying that while he approved the general
tendency of the bills, he was of the opinion that it would be best not
to make too many changes at one time. The Philadelphia revolu-
tion which took. place shortly afterwards evidently convinced the
Governor that the tendency of this legislation was contrary to the
public sentiment of the state.
Omaha. Under the guise of an act for incorporating metropoli-
tan cities, the Nebraska Legislature gave Omaha a new charter
which contains some matters of special importance ('05 ch.14).
One provision requires that committees of the city council must
report on all matters referred to them inside of 30 days under
penalty of a fine of not to exceed $50 a day for neglect to do so.
Another stipulates that aldermen shall be fined for absence from
meetings of the council, unless they have been granted leave or
are excused. The charter also provides that all proposed fran-
chise grants must be submitted to popular vote, and that the
WILCOX LOCAL GOVERNMENT 20I
mayor shall have the veto power on separate items of proposed
ordinances. If the council desires to pass any measure over the
mayor's veto, it must do so as the first business after the veto
message has been received. Provision is made for a park com-
mission to be appointed by the judges of the District Court, and for
a fire and police commission consisting of the mayor, ex officio,
and four persons appointed by the Governor, no more than two
of the appointees to be of the same political party.
A particularly important provision of the Omaha charter is the
one which forbids any officer or agent of the city to "solicit directly
or indirectly the political support of any contractor, municipal
franchised corporation, or railway company, or the officials or
agents of such companies for any mimicipal election, or for any
other election or primary election held in the city in pursuance of
law. Nor shall any franchised corporation or railway company,
through its agents or officials or by any other means, furnish or
appropriate any money directly or indirectly to promote the success
or defeat of any person whomsoever in any election or primary
election held in such city, or to promote or prevent the appoint-
ment or confirmation of any appointive officer of such city." The
violation of this provision on the part of an officer of the city sub-
jects the guilty one to a fine of $500 and removal from office. A
violation on the part of a private company subjects the company
to a similar fine, which may be levied upon every officer or agent
proven guilty, and forfeiture of the company *s franchise.
It is also provided that any officer or agent of the city who
** strikes" a franchise corporation or a public contractor for money
or other consideration as an inducement to withhold support
from a measure adverse to the company's interests, or who shall
offer to support a meastire favorable to such interests for a valuable
consideration, shall be removed from office and fined not to exceed
$500.
The charter provides that the city council shall have authority
to order the improvement of any street within 3000 feet of the
center of the city without a petition of the abutting property
holders, imless the improvement is a repaving job. In that case, or if
the improvement is outside of the 3000-foot limit, it can be ordered
only on petition of the property owners. The kind of paving on
a paved street may be changed on petition of three fifths of the
property owners.
Another section of the charter gives the mayor and city council
authority to compel any public service corporation having pipes
or conduits in the streets to make all connections deemed necessary
202 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
for the future to the curb or property line at the time when any
street or alley is to be improved. The charter also gives the mayor
and council power to construct or purchase and maintain and
operate waten^'orks, gas works, electric light and power plants
and conduits.
Grand Rapids. The new charter of Grand Rapids was of par-
ticular importance because of the provisions for the advisory init-
iative and optional referendum already described, and also be-
cause of the provisions for nonpartizanship in the election of the
Board of Education and of the conferring upon the common
council authority to establish saloon districts. The general form
of municipal organization provided by this charter is the board
system. Public works, health and poor, police and fire, parks
and cemeteries are placed under the control of boards of five mem-
bers each, appointed by the mayor without power of removal,
except for cause. One member of each board is appointed each
year. The mayor's term is only two years, so that during a mayor's
first term he would be imable to get control of any one of these
boards.
Indiana code. There are a number of important provisions in
the Indiana municipal code to which reference should here be
made. The code reads as if it had been written by a conservative
reformer, who at the end of every paragraph said to himself,
'* Now then, that will fix it, and there will be no more doubt about
it." Provision is made for a general city election once in four
years, to be held in November 1905, and quadrennially thereafter.
None of the city officials, not even the councilmen, can be reelected
at the expiration of their terms. Provision is made for filling
vacancies without the necessity of holding any special election.
Provision is made forbidding coimcilmen, city officers or city em-
ployees to be interested in city contracts, and the officers
and employees of franchise corporations and city contractors are
rendered ineligible to any city office. The mayor is authorized to
appoint the heads of the city departments, subject to removal by
him upon notification and sending a message to the cotmcil stating
his written reasons for such removal. All officers are appointed
for indefinite periods. The mayor is required to call together the
heads of departments at least once a month for consultation. He
has authority to appoint three examiners to examine without
notice the accounts of any city department. The city comptroller
is the chief bookkeeper and financial agent of the city and has
authority to prescribe forms of city accounts for all departments.
WIL60X LOCAL GOVERNMENT 203
Parks and boulevards in cities of the first and second classes are
under the control of boards of park commissioners, whose term
of office is four years. This constitutes an exception to the general
rule of indeterminate appointments.
County and township government
There was no general legislation of special importance with
reference to the government of townships and coimties except a
number of acts in different states carrying on the movement for
the abolition of the fee system as a method of paying county
officers.
LOCAL FINANCE'
FREDERICK R. CLOW PH.D., OSHKOSH, WIS.
During the year under review there was no one piece of legisla-
tion of great moment pertaining to local finance. The only com-
prehensive general law was passed by the Legislature of Indiana for
the government of mimicipalities of all grades ('05 ch.129). Sec-
tions 84-89 of this law pertain to finance, but their provisions and
phraseology were drawn from laws passed in Indiana about 12
years ago. They establish a uniform system for the entire state,
though enforcing the most elaborate provisions only on the larger
cities. This system, as now matured, will doubtless have a wider
influence on other states than it has had in the past. It is one
of the best that has yet been produced in any state. The only
system that can even be compared with it is that for cities of the
second class in New York, which was enacted eight years ago
(1898 ch.182) ; but the latter has now been so overlaid with amend-
ments that it is not as readily understandable.
Of the numerous acts granting special charters or amending old
ones, the most notable in a financial way is that for the city of
Hartford, Ct. The others contain few features worthy of mention;
the 10 in Georgia and the 23 in Oregon may be characterized in
one statement: the financial administration is left to the city
council.
The Hartford charter (Ct. '05 special acts ch.70) creates a board
of finance to replace the joint standing committee on ways and
means in the council. This board matures all measures of import-
ance relating to the finances — accounts, depositories, loans,
budget etc. The members of the board are the mayor, treasurer,
comptroller, two citizens appointed by the mayor, and one member
of the board of aldermen and one of the common cotmcil, appointed
by their respective bodies. There is no salary connected with
membership on the board. Another act (Ct. '05 special acts ch.216)
provides Hartford with a board of contract and supply consisting
of the mayor and four othjsr ex officio members. This board is to let
all contracts for work and supplies when the cost is over $500.
Besides Hartford and the cities of Indiana affected by the law
mentioned above, Stamford, Ct. ('05 special acts ch.442),and Blue-
*See also Governors Messages and Index of Legislation, 2550.
CLOW LOCAL FINANCE 20$
field, W. Va. ('05 ch.3) have been added to the list of those cities
that have a small executive board to administer the finances.
Houston, Texas ('05 special acts ch.17) virtually has the same in
the city coimcil of only four members.
Budget. The budgetary provisions of the Indiana law ('05 ch.i29)
had been in use before in Indianapolis, Terre Haute and Evansville.
The estimates are first talked over at a joint meeting of the heads
of the various departments and boards. The comptroller revises
the estimates; then the mayor revises them and transmits them
to the cotmcil. The cotmcil can reduce or strike out any item,
but can not increase any or introduce a new one. Additional
appropriations may be made during the year on the recommenda-
tion of the comptroller and a two thirds vote of the coimcil. Some-
what on the same plan is the general law of North Dakota ('05 ch.62)
though it has an unusual and questionable feature in beginning
the fiscal year September i. According to the new charter of
Johnstown, N. Y. ('05 ch.593) the mayor prepares the budget.
Three West Virginia cities besides Bluefield were given charters
providing for an annual estimate: Bellington ('05 ch.i), McMechen
('05 ch.12) and Williamson ('05 ch.15).
Section 85 of the Indiana law ('05 ch.129) contains excellent
provisions for keeping contracts and orders for supplies within the
appropriations. Even more stringent are those of the Houston
charter (Tex. '05 special acts ch.17). The New London charter
(Ct. '05 special acts ch.329) is in line with the best usage in
requiring a two thirds vote of the coimcil to spend more than the
budget allows.
State supervision. Some long steps in this direction have been
taken. New York passed a law ('05 ch.705) requiring counties,
villages over 3000, and cities of the second and third classes to
make a financial report to the State Comptroller within 60 days
after the close of the fiscal year in a form prescribed by him. He will
then issue a report summarizing these reports. To insure their
trustworthiness the State Comptroller is empowered to have the
accoimts examined "at such periods as he shall deem necessary."
For this purpose he is suppUed with a chief accountant and two
examiners with ample powers.
The Governor of New Mexico commented favorably on the work
of the Traveling Auditor, whose ofiice was created in 1903 (ch.54),
in improving the financial records of cotmties, and he recom-
mended an extension of the system. His advice does not seem to
206 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
have been followed, but the adjoining territory of Arizona fol-
lowed the example of New Mexico and created the office of public
examiner, whose duty it is to prescribe forms of accounts for
counties and to inspect personally the records of each officer hand-
ling money ('05 ch.40). Governor Johnson of Minnesota recom-
mended in his message extending to the other larger cities of the
state the inspection of accoimts provided for St Paul by a special
act in 1891 and for coimties by a general act. The Legislature
acted on this recommendation (05 ch.223) and extended the
work of the Public Examiner to cities above 50,000.
Financial officers. Section 88 of the Indiana law ('05 ch.129)
gives the duties of the comptroller in a way that makes
it a good model, though the New Hampshire act amend-
ing the Portsmouth charter ('05 ch.212) is more specific
on what the auditor must do with a bill before transmit-
ting it to the council. The California act chartering the city of
Stockton ('05 p. 83 2) also contains good provisions concerning the
auditor; but the charter of San Bernardino (Cal. '05 p. 940) does
not provide for an auditor. The charter of Houston (Tex. '05
special acts ch.17) calls the auditing officer the secretary, while
Dallas (Tex. '05 special acts ch.51) has both a secretary and an
auditor. Another Texas law ('05 ch.i6i) requires any county with
a city of 25,000 to have an auditor of accounts appointed by the
judges with duties similar to those of an auditor or comptroller in a
large city. This is a method of working out the relation between
the city and the county which will be watched with interest. The
usual way is to let the financial officers of a large city^ supersede
those of the county. The Texas law looks like an attempt to
maintain the superiority of the county against a growing city. A
Massachusetts law ('05 ch.373) permits cities to extend the term of
the auditor to three years.
A frank acknowledgment that the use of public funds is a valuable
perquisite comes from the Legislature of Texas. The Sherburne
charter ('05 special acts ch.44') requires that the office of treasurer
be let by contract to the highest bidder. But the use of banks
officially selected as depositories so that the public will receive
interest on the cash balances is on the increase. The same Texas
Legislature passed a general law ('05 ch.123) regarding the deposit-
ing of city funds. Washington passed a very brief law ('05 ch.io3)
on the same subject. Oklahoma legislated on the depositories of
counties ('05 ch.zi art. 2). Elaborate provisions covering six pages
CLOW LOCAL FINANCE ^
of print weie made by Idaho ('05 p. 99) about the depositing of
cotinty funds; the banks are required to pay at least 2% interest,
and both give a bond and deposit securities for the safe-keeping of
the funds.
Acts continue to be passed permitting the corporate bonding of
city and county officers (Kan. '05 ch.i86; Neb. '05 ch. 11, 49).
Taxation. The legislative acts give evidence of increasing expen-
si veness of local government , especially for cities. Two Missouri laws
(*o5 p. 78, 80) raise the rate of taxation for cities in terms which show
in a rough way how the cost of government is expected to increase with
the size of the city. The maximum rate for cities with a population
of less than 1000 is 25 cents on a valuation of $100; up to 10,000,
50 cents; up to 30,000, 60 cents; 30,000 and above, 100 cents.
North Dakota ('05 ch.i86) raises the rate for villages from 5 mills to
10 and for coimties (ch.43) from 8 mills to 10. Vermont ('05 ch.72)
permits a higher rate for counties. Oklahoma raises the rate for
counties ('05 ch.31 art. 5). On the other hand. West Virginia im-
poses limits on coimties in one law ('05 ch.48) and on cities, towns
and villages in another (ch.50).
The messages of governors give a little light on this increased cost.
They urge improvements in many departments of government.
Most frequently it is the highways, for which state aid is asked in
some cases. Then regulations are urged for the speed of automo-
biles and this would require better police or constabulary. Gov-
ernor Douglas of Massachusetts wishes to facilitate mimicipal owner-
ship, but he is also the one who speaks most pointedly about the high
taxes. He says that the limit of $12 in the liooo is so low that
"the majority of our municipalities are tmable to live inside of this
limit."
The separation of state and local taxes is mentioned by the
governors of Georgia, Oregon, Vermont, Washington and West
Virginia, most of them reporting progress, though there seems to
have been no additional legislation.
Debts. The laws continue to be altered so as to facilitate the piling
up of local indebtedness. New Jersey ('05 ch. 16) permits any city to
issue bonds running from 20 to 50 years for the pitiful excuse that
** bonds are about to fall due, and no provision has been made for the
payment of the same." Another law of the same state (ch.174)
permits any coimty of the first class to renew 90% of maturing
bonds for a period not to exceed 40 years; still another (ch.206)
permits the exchange of new 20 year bonds for certain old ones.
Fortunately all of these new bonds authorised in New Jersey are to
208 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I9OS
have sinking funds. Oklahoma ('05 ch.7 art. 3) permits every
county, every city of the first class, the board of education of
every city, every township and every school district to issue bonds
running 30 years for the purpose of paying floating debts or re-
funding old bonds. Illinois C05 p. 13 2) permits a county to issue
20 year bonds when the expenses exceed 75 cents on each $100 of
-assessed valuation. Indiana ('05 ch.31) permits any township
** being indebted to an amotmt beyond the ability of the current
taxes to meet" to issue bonds payable in 15 anntial instalments.
Minnesota passed four laws during 1905 (ch.20, 100, 123, 172) per-
mitting the ftmding of floating debts or the refunding of old debts,
extending or disregarding the debt limit, and making no mention of
sinking funds. Many other acts of the same tenor could be men-
tioned.*
Two governors warn against this disposition to use the credit of
local governing bodies so freely. Governor Lanham of Texas says
that ** issuing bonds and lending public credit may be grossly
abused imless the utmost precaution be observed." Governor
Deneen of Illinois emphasizes the importance of sinking funds.
Perhaps better still is the heroic policy of Nebraska ('05 ch.127) in
requiring road districts that are in debt to levy a 5 mill special tax
annually imtil the debts are paid. This example is the more notable
by contrast with the feeble policy of Missouri ('05 p.309) in permit-
ting any coimty, town, city or school district to borrow in excess of
the debt limit for the construction of roads.
The legislation indicates that some attention is being given to
the investment of fimds, and especially of sinking ftmds.* It re-
quires that the funds be invested either in bonds or real estate mort-
gage loans.
Two states, Massachusetts ('05 ch.191) and New Jersey ('05 ch.33),
passed laws permitting local governments to establish insurance
fimds. Massachusetts limits the fund to 1% of the assessed valu-
ation and puts it in charge of the sinking fund commissioners. New
Jersey places no limit on the fimd and puts it in charge of an in-
surance f tmd commission ; it provides further that no other insurance
shall be carried.
'Kansas '05 ch.119; North Dakota *o5 ch.54; South Dakota '05 ch. 58-59;
Tennessee '05 ch.506; Wisconsin '05 ch.6i, 311, 378; Florida '05 ch.94; New
York 'oi p. 1 804; *o3 p. 1456; constitutional amendment adopted Nov.
1905; South Carolina '05 ch.479; Vermont '04 ch.79.
'Illinois '05 p.378; Minnesota '05 ch.202; Missouri '05 p.115; South Dakota
'05 ch.z56; Texas '05 ch.2z.
MUNICIPAL FUNCTIONS'
JOHN A. PAIRLIE PH.D., PROFESSOR O^NIOR) OF ADMINISTRATIVB
LAW, UNIVERSITY OF MICHIGAN
Comparatively little legislation of first significance was enacted
on municipal fimctions during the year 1905. The most important
measures were the new Indiana mimicipal code, and the acts es-
tablishing a body of state constabulary in Pennsylvania, a state gas
and electric commission in New York and state water supply com-
missions in both of these states. These and other statutes show a
continued tendency to increase the powers of mtmicipaUties by slow
degrees; and also a tendency toward increasing administrative
centralization by the development of state officials dealing with
matters coming imder the class of mtmicipal functions.
Public safety
Pennsylvania has estabUshed a force of state police and New
Mexico a company of territorial police. The Pennsylvania force
has been established ('05 ch.227) for use particularly in the mining
regions during strikes. It is intended to take the place of the coal
and iron police appointed for and paid by various private corpora-
tions ; and to save the frequent use of the state militia to suppress
disorders arising in connection with extensive strikes. It consists
of a superintendent appointed by the Governor and Senate at a
salary of I3000 ; and of four companies aggregating 230 men and
officers, appointed after a physical and mental examination based
on the rules and regulations of Philadelphia. The force, or part of
it, may be mounted if deemed necessary by the superintendent. It
has already been called into active service in the spring of 1906.
In New Mexico the company of mounted police authorized re-
sembles the rangers previously established in Texas and Arizona.
It consists of a captain, two other officers and not more than eight
privates; and is to be used for capturing outlaws, lawbreakers and
marauding or hostile Indians ('05 ch.9).
New Hampshire has provided state police boards for the cities
of Keene and Berlin ('05 ch.153, 160). New Jersey has made com-
pulsory on cities of the second class tmder 100,000 population a
former optional lav for bipartizan police boards appointed by the
mayor ('05 ch.76).
^See also Governors Messages and Index of Legislation, 3430.
aoQ
210 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
In the new Indiana municipal code ('05 ch.129) mtinicipal councils
are given some rather tmusual powers of police regulation. In
addition to the ordinary ordinance powers they may exclude saloons
from the residence sections of their cities, may regulate the hight
of buildings, and may regulate the speed of railroad traffic within
the limits of their cities. Under this code the control of the police
and fire departments in cities over 35,000 will be vested in boards of
public safety appointed by the mayors. In cities from 10,000 to
35,000, by previous legislation, the police forces are directed by
commissioners appointed by the governor.
Public works
One might think that the paving of streets and the building of
sewers were sufficiently estabUshed branches of municipal activity *
so that all cities would already have adequate powers to provide
these facilities for their inhabitants. But every year sees a great
body of petty statutes conferring a little additional authority or
making some minor amendment in the procedtu^ relating to
special assessments. An illustrative, and almost ridicidous, ex-
ample is an act of the Minnesota Legislature ('05 ch.58) authorizing
for one year cities over 50,000 to issue street improvement bonds to
the amount of |io,ooo.
Some measures are of rather more importance. A Wisconsin act
('05 ch.364) authorizes cities other than the first class to undertake
public works by direct labor, if all bids for contracts are rejected as
unsatisfactory by a two thirds vote of the coimcil. Washington
('05 ch.55) has conferred on cities the power of eminent domain for
streets, drains and public buildings; and Pennsylvania ('05 ch.94),
New Jersey ('05 ch.32) and South Dakota ('05 ch.154) have author-
ized all cities to condemn private property for sewer purposes. In
several states changes have been made in the laws governing special
assessments for street improvements and sewers (Mich. '05 ch.125;
Wis. '05 ch.453; Id. '05 p.297; and N. D. '05 ch.177). I^i
Minnesota ('05 ch.121) and Kansas ('05 ch.io6) the larger cities
have been authorized to purchase land for garbage plants. And a
Missouri act ('05 p. 62) provides for the creation of sanitary districts
with appointed trustees, independent of the city government, to
make plans for main drainage works in St Louis and to issue bonds
for their construction.
Parks, A good number of acts of some importance have become
laws extending municipal powers in regard to public parks, mostly
in states west of Lake Michigan. Several Illinois acts ('05 p. 333,
FAIRLIE MUNICIPAL FUNCTIONS 211
334, 33Sf 33^* 337» 340, 342) intended for Chicago, grant additional
bonding and taxing power for existing parks, for new small parks
and for an outer belt of parks. A Rhode Island act ('05 ch.1204)
establishes a metropolitan park commission for Providence and the
surroimding cities and towns. In Colorado ('05 ch.i 28) cities of the
first and second class are given power to maintain public parks within
10 miles of the city limits; power to exercise the right of eminent
domain and to issue bonds for the purchase of lands for park pur-
poses is given with the approval of the taxpayers ; and the man-
agement of the parks is to be by a commission of six members
appointed by the mayor and coimcil. Other park acts of less im-
portance were passed in Minnesota ('05 ch.330, 335), Missouri
('05 p. 265) and Oklahoma ('05 ch.9).
In New Jersey ('05 ch.262) cities of the second class, and in
Kansas ('05 ch.102) all cities are authorized to appropriate money
for band concerts. A Wisconsin act authorizes cities of the first
class (Milwaukee) to cooperate in building a pubhc auditorium and
music hall, the first important step in this country in a field of
municipal activity common in continental Europe. A Montana
act ('05 ch.x2) authorizes cities and towns to maintain public bath-
ing places.
Municipal ownership
No comprehensive measure extending the powers of municipal
corporations to own and operate public utilities was enacted during
1905. But a number of acts were passed in various states giving
additional financial authority and in other ways increasing the
effectiveness of powers previously granted. And a good number
of 3pecial acts authorized particular cities to establish such tmder-
takings.
Thus in Minnesota three acts ('05 ch.28, 105, 334), applying to
cities of different size, authorize the issue of bonds for waterworks
and electric light plants. For cities of 10,000 or less bonds may be
issued for such purposes to the extent of 7% of the assessed valua-
tion. For cities between 10,000 and 20,000 bonds for waterworks
are authorized up to 5% of the assessed valuation. A Kansas
act ('05 ch.ioi) authorizes cities to issue bonds up to 15% of the
assessed valuation for natural gas, water, electric lighting or heating
plants. An Oklahoma act ('05 ch.8) authorized bonds up to 4%
of the assessed valuation for electric light plants.
In Missouri an act has been passed ('05 p.85) for municipal
waterworks with financial provisions evidently suggested by those
in the Illinois law of 1903 authorizing municipal street railways.
212 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
This act applies to all cities between 3000 and 30,000. They are
authorized to acquire waterworks on a referendum vote, and to
pay for them by bonds secured simply by a mortgage on the plant,
and involving no general liability of the city. Such works in each
city are to be managed by a board of three commissioners ap-
pointed by the mayor and council. In case of default in payment
of principal or interest on the bonds, the works are to be conveyed
to the bondholders with a franchise for 30 years. It will be inter-
esting to note the practical operation of this limited municipal
ownership.
In the new Indiana code, mtmicipal waterworks, gas works,
electric light works and heating and power plants may be estab-
lished after a referendum vote in each case. But the low debt
limit of 2% of the assessed valuation imposed on the Indiana
cities will prevent most cities from undertaking many of these
functions. Among other legislation bearing on this subject the
following may be noted: Chicago and Omaha are authorized to
sell electricity to private constmiers from the mimicipal plants
heretofore used only for public lighting (111. '05 p. no; Neb. '05
ch.i8). In Nebraska ('05 ch.33) the power to establish mtmicipal
electric Ught plants is extended to villages. In South Carolina
(*o5 ch.433) and South Dakota ('05 ch.174) cities are given by gen-
eral law the power of eminent domain to secure a water supply. In
Massachusetts the procedure in the purchase of private plants by
cities has been simplified ('05 ch.410), as recommended by Gov-
ernor Douglas, by allowing the city to take possession as soon as
the plant is offered.
Of special laws the most important is one establishing a new
water commission for the city of New York, appointed by the mayor,
to provide additional water supply for its future needs. This
looks towards the construction of what will be the most extensive
system of mimicipal water supply in the world, involving reservoirs
probably in the Catskill or Adirondack mpuntains ('05 ch.724).
Three Tennessee acts authorize municipal electric light and gas
works in Memphis, waterworks in Bristol, and electric light and
waterworks in Lawrenceburg ('05 ch.172, 434, 490); and a North
Carolina act ('05 ch.93) authorizes a mimicipal electric light plant
in Raleigh.
On the other hand, the failure of municipal plants in some cases
is indicated by laws of Indiana ('05 ch.147) and South Dakota
('05 ch.176) authorizing cities to sell or dispose of such works.
The South Dakota act applies only to cities of the first class with
FAIRLIE MUNICIPAL FUNCTIONS 213
reference to waterworks. The Indiana act applies to any city or
town and to all of the public utilities most frequently owned by
municipalities in this country.
It is coming to be realized that the problem of furnishing an
adequate supply of pure water for large cities is one which affects
not only the cities but also the larger political commtmities. And
the two largest states in the Union — ^New York and Pennsylvania —
have recognized this by establishing state water supply com-
missions (N. Y. '05 ch.723; Pa. '05 ch.236). It is the duty of
these commissions to examine the water supply resources of the
state, the New York board having authority to subpoena witnesses
and compel their testimony. In Pennsylvania new water com-
panies will be incorporated only after the approval of their ap-
plication by this commission. In New York the plans of mimicipal
•corporations for new sources of supply must be examined and
approved by the state commission.
Franchises and public control
The most important measure of 1905 dealing with the public
control of municipal utilities was a New York act ('05 ch.737)
establishing a state commission of gas and electricity, similar to
that previously existing in Massachusetts. *The New York com-
mission consists of three members appointed by the Governor and
Senate, each to receive an annual salary of I8000. It has power to
examine the methods of all persons, private corporations and
municipalities engaged in supplying gas and electricity and to fix the
standard of illuminating power and purity of gas; to prescribe
methods of keeping accounts and to require full reports from all
such corporations as to their finances and plants; and to control
the inspection of gas and electric meters. Its approval is necessary
before any new gas or electricity corporation may exercise its
powers or any mtmicipality may establish gas or electric works for
other than municipal purposes; and its certificate of authority
may be refused if the commission considers that the territory-
proposed to be supplied has already an adequate service at a fair
and reasonable rate. Its approval is also necessary for the issue
of stock or bonds by any corporation imder its supervision. On
complaint of the quality or price of gas or electricity from the mayor
of a city or village or town authorities, or not less than 100 con-
sumers, and after notice and a hearing, the commission may fix
the maximtmi price or order improvements in the quality. Appeals
may be made from the orders of the commission to the appellate
division of the Supreme Court«
214 N. Y. STATE LIBRARY REVIEW OP LEGISI^TION I9O5
A Special act for New York city ('05 ch.630) transferred the
power of granting franchises from the city council to the board of
estimate and apportionment. This board must hold a public
hearing on all proposed franchises; at least 30 days must elapse
between the introduction and final passage of all franchises; and
each franchise must receive three fourths of all the votes in the
board, and be subject to the veto of the mayor.
In Massachusetts two acts were passed with reference to the gas
situation in Boston. One ('05 ch.421) provided for the consolida-
tion of several gas companies in Boston and fixed the amount
of capital stock to be issued. The other ('05 r. loi) provided
for a commission to investigate the London sUding scale of gas
prices in relation to dividends on capital, with a view to its intro-
duction in Boston. A New Jersey act ('05 ch.261) established
a commission to investigate the whole franchise question.
Acts of more general application were passed in Texas, Colorado
and Kansas. One Texas act ('05 ch.23) requires all street railway,
lighting, water and sewer companies to make annual reports to
the Secretary of State. Another ('05 ch.145) provides for the
regulation of rates charged by public utility corporations on com-
plaint of city councils before the district courts. The Kansas and
Colorado acts provide for the granting of franchises to public service
corporations; but neither of these measures provides adequate pro-
tection to the public interests. In Colorado ('05 ch.125) the only
requirement is the publication of the application and of the pro-
posed franchise; the grant is made by a majority vote of the
council and it is specified that the mayor is to have no vote. The
Kansas act ('05 ch.121) is a general authorization for the grant of
franchises in cities of the second and third class by the mayor and
council, with no restrictions or qualifications.
Under the new Indiana municipal code, restrictions in the grant-
ing of franchises are much relaxed. Formerly franchises were
limited to periods of 10 and 34 years according to the purpose, and
contracts for street lighting were limited to 10 years. By the
new code, not only are all franchises previously granted legalized,
but new franchises may be granted with no limit as to the term
or other conditions; while contracts for a supply of light, water or
heat for city purposes may be made for as long a period as 25 years.
These provisions open the way to serious dangers for Indiana cities
at the hands of corrupt, careless or inefficient city cotincils.
New York State Education Department
New York State Library
REVIEW OF LEGISLATION 1905 LEGISLATION BULLETIN y)l
Forestry G. W. Woodruff & P. P. Wells
Game T. S. Palmer
Fish M. C. Marsh
FORESTRY'
GEORGE W. WOODRUFF AND PHILIP P. WELLS, FOREST SERVICE,
UNITED STATES DEPARTMENT OF AGRICULTURE
Many important forest laws have been enacted dtiring the year.
California ('05 ch.157) provided for continued cooperation with the
Forest Service in the study of state forest resources, to formulate a
proper forest policy. As a result of previous cooperative study,
the Forest Service prepared a general forest law for the state ('05
ch.264), embodying the features considered most essential in state
forest legislation, viz: a state board of forestry, nonpolitical in
character; a state forester, technically trained and certified as such
by competent authority; a forest firewarden service; civil and
criminal liability for causing forest fires and for forest trespass; a
closed season for burning slashings, etc., during which special per-
mission and extraordinary precautions are required; safegiiards
against the spread of fire from railroad and other engines in and
near timber land.
Diiring the year tmder review California ('05 ch.264), Vermont
('04 ch.i6), Washington ('05 ch.164), Wisconsin ('05 ch.264) and
Idaho ('05 p. 1 45) passed general forest administration laws; and a
New Jersey statute ('05 ch.47) concerning forest reserves, noted
below, provided for the publication and distribution of reports and
bulletins and the eneoiu-agement of private owners in good forest
management. In Vermont one member of the State Board of
Agriculture is to be designated by the Governor as State Forestry
Commissioner, and is to prepare and distribute forest information
and report biennially to the Governor. CaUfomia, Washington and
Wisconsin create state forest boards, which are variously consti-
tuted and named. A state forester, who is also state firewarden, is
^ I I .1 I ■■ III I II. ■ I -I. M ■■ II .1. - I... - y ■■ I ■ ' ■■
^6ee alio Qovemon Messages and Index of Legislation^ 1890.
i«5
2l6 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
appointed by the board (in California by the Governor) and is its
secretary and executive officer, charged with the administration
of the forest laws and the control of state forest work, including the
collection and publication of information. In California and Wis-
consin he must be technically trained, receives an adequate salary
(CaUfomia $2400, Wisconsin $2500) and has assistants (California
two, appointed by him, salary $1200; Wisconsin, one, appointed
by the board and technically trained, salary $1500). The Idaho
statute is an attempt to establish a forest policy without a forest
service. The forest lands of the state are administered by the
Board of Land Commissioners. Any person desiring to cut trees
on state lands must agree to use precautions against fire and other
damage, and show that the trees are not necessary for the conserva-
tion of water on any irrigation watershed, or (sic) are on non-
agricultural lands. The lands and timber are to be inspected and
appraised, notice given to all water users who may be affected,
their protests considered, and a court hearing allowed if the board
overrules any protest. These proceedings are at the expense of the
applicant. The timber is sold to the highest bidder, who must
fiuTiish bond with surety. The minimiun diameter for cutting is 12
inches for general purposes and 5 inches for local use in fencing and
mining. California has taken steps to create a forest fund ('05
ch.187, 264), and has empowered counties to appropriate money
for the preservation, reforestation and fire protection of forests on
public lands (*os ch.337).
Tax exemption and botmty laws have been adopted in three
states. North Dakota ('05 ch.187) offers to farmers I3 an acre
for plantations of one and not more than 10 acres of prairie land,
which must be cultivated and kept in a thrifty condition. This
stun is to be deducted annually for five years from the farm taxes.
The state also offers a bounty for planting hedgerows as boundary
lines. Pennsylvania ('05 ch.179) deducts for 35 years, 80% of the
local and coimty taxes (not to exceed 45 cents an acre) for forest
plantations of not more than 500 acres in one ownership. There
must be at least 300 trees an acre and pastvu-age is forbidden until
200 trees on each acre are 4 inches in diameter. The same deduction
is given for maintaining a sprout forest under the same conditions;
and also, without limit as to time ('05 ch.88) for retaining not less
than 50 trees an acre at least 8 inches in diameter on not more than
50 acres in one ownership. Vermont ('04 ch.17) allows a complete
tax exemption for lo years for plantations on waste or \mcultivated
land, made and cared for tmder rules and regtilationt of the State
WOODRUFF AND WELLS FORESTRY 217
Forestry Commissioner. Hawaii ('05 ch.6) exempts all property
actually used in the production of rubber and cork-oak for com-
mercial purposes. Indiana ('05 ch.49) repeals the law ('99 ch.2s6)
for the appraisal of forest lands at $1 an acre.
A forest fire service, more or less complete, is established in 11
states and territories (Me. '05 ch.44; N. H. '05 ch.97; Vt. '04 ch.i6;
Ct. '05 ch.238; Ind. '05 ch.49; Wis. '05 ch.264; Id. '05 P.14S-48;
Wash. '05 ch.164; Or. '05 ch.227 ; Cal. '05 ch.264; Hawaii '05 ch.71).
Indiana lays upon township road supervisors the duty of extin-
guishing forest fires and employing help for that purpose when neces-
sary. In Idaho the State Board of Land Commissioners may
employ not more than six persons at $5 a day to administer the
forest fire law; and land oflScers, game wardens and all peace oflScers
have power to enforce this law and make arrests. In New Hamp-
shire and Vermont specified town oflScers are forest firewardens.
In other states special appointments are made for each town (Ct.),
cotmty (Or., **fire rangers") or district (Wash.i Cal., Hawaii and
the unorganized townships of Me.). In Oregon such appointment
is to be made only on the application and at the expense of property
owners. These officers are, in general, tmder the supervision and
direction of the State Forester (Oregon excepted). They are to
enforce the forest fire laws, make arrests, extinguish fires, stunmon
citizens to assist tmder various penalties (except Me.) for dis-
obedience, impress property when necessary (except Me. and Vt.),
establish patrols in places and times of special danger, post fire
notices, etc. Pennsylvania ('05 ch.6s) increases the compensation
per hour of firewardens and persons assisting them, and the penalty
for refusing assistance. Minnesota ('05 ch.82) increases the share
of the coimty in the expense of fire fighting to one half, which is
paid in the first instance by the state; and increases ('05 ch.310)
the salary of the Chief Firewarden of the state to $1500.
Under the general fire laws cited above are included certain
special measures of precaution, such as requiring all persons to report
fires (N. H.) ; prohibiting the leaving of camp or other fires unex-
tinguished (Id., Cal., Or.) or the use of combustible gun wadding
(Or.) ; requiring rights of way along county roads to be cleared of
inflammable material and the slashings of lumbermen to be burned
when and as ordered by the state board (Cal.) ; establishing a ** dry"
or "closed" season during which the use of fire in woodlands is pro-
hibited except with the written permission and under the super-
vision of a firewarden and then irnder proper conditions for safety
(Cal., Or., Wash., Hawaii; restricted in Washington to cotmties
2l8 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
where there is a deputy firewarden, and in Hawaii to times and
places fixed by warning issued by the Chief Firewarden) ; requiring
the equipment of locomotives, logging and other engines with spark
arresters and devices to prevent the escape of fire from ash pans and
fire boxes (Wis., Wash., Or., Cal.; limited in Oregon to timber
districts, and oil-burning engines excepted in Wisconsin and
California).
Similar provisions, relating specifically to railroads, require that
locomotives in forested areas be equipped with spark arresters, and
that railroads shall be liable for timber burned because of violation
of the act (Id. '05 p.i4S); that the right of way be kept free
from inflammable material (Id. '05 p. 145; Wis. '05 ch.264);
that such clearing be done once a year, that no fire, live coals, or
ashes be left on the tracks outside yard limits, that trainmen report
fires to the station agent at their next stopping place, and that the
right of way be inspected by the State Firewarden or his assistant
(Wis. '05, ch.264).
Fire trespass has, in general, been more broadly defined and the
penalties increased tmtil in Hawaii ('05 ch.71) a fine of $5000 may
be imposed. In two states (Cal. '05 ch.264, Wis. 05 ch.264) double
damages may be recovered by the injured party if wilfulness, malice
or negligence is proved, and the public expense incurred in fire
fighting may also be recovered. In California ('05 ch.264) and
Hawaii ('05 ch.71) the setting of fire on the lands of another or
letting it escape from one's own land is prima facie evidence of wil-
fulness and neglect. New York ('05 ch.285) transfers to the Super-
intendent of Forests the enforcement of the forest trespass laws.
Several states have provided for forest reserves. New Jersey
('05 ch.47) creates a state board of forest park reservation commis-
sioners consisting of the Governor, State Geologist and three citi-
zens, who are empowered to acquire land by deed, gift, devise or
condemnation, to care for, manage and preserve the forest reserves,
cut and sell timber and maintain public roads through them. The
procedure for establishing a ** forest park reservation" includes a
survey and the filing of a map, and no compensation is to be paid for
improvements thereafter made, Minnesota (*os ch.83) accepts the
20,000 acres granted for forestry purposes by Congress and ('05 ch.
277, 297) designates certain lands for state parks. In Wisconsin
Co 5 ch.264) all state land north of township 33 is made a forest
reserve to be managed by the State Forester; conservative lumber-
ing is to be carried on, and timber and other products sold to the
highest bidder; on the recommendation of the State Forester, ap«
WOODRUFF AND WELLS FORESTRY 219
proved by the state board, reserved land which is foiuid more stiit-
able for other than forest purposes may be sold; the proceeds of
such sales, and of timber and other products, and penalties for
trespass, are to constitute a fund for the improvement, protection
and enlargement of the reserve ; the state board may accept any
gift of land for the reserve, and may examine places of natural
interest and report to the Legislature as to securing them for public
parks; and the reserve is to be protected by State Trespass Agents,
appointed by and responsible to the State Forester. In California
('05 ch.187) the state forestry ftmd may be used for the "acquisi-
tion" of forests. The ** forest preserve districts" of Illinois ('05
p. 2 7 9) are concerned chiefly with the maintenance of pleasure drive-
ways. Pennsylvania ('05 ch.8i) compensates school districts and
townships for taxes lost by the inclusion of lands in the state reser-
vations, by paying annually i cent an acre on such lands for schools
and 2 cents for roads. The importance of forests for water conser-
vation is recognized by two statutes, granting water rights in state
reservation to municipalities (Pa. '05 ch.114) and providing for the
determination of the water power of all streams in the state reserve
(Wis. '05 ch.95).
The governors of the various states recommended that laws be
enacted as follows: To create the office of state forester, and to
make it optional for the state land board to sell or refuse to sell
timber lands (Col.) ; to investigate and publish facts relating to
forest areas (W. Va.) ; to tax forest lands only on their product
as cut (Mass.) ; to empower game wardens to act as fire wardens
(Fla.); to require railroads to extinguish all fires within 100 feet
of their tracks, and persons who fell timber to remove all debris
with the liimber (Pa.) ; to withhold from sale state lands suitable
for forest reservations (Pa.).
GAME*
T. S. PALMER, BIOLOGICAL SURVEY, UNITED STATES DEPARTMENT
OP AGRICULTURE
The record of game legislation in 1905 is remarkable for the
niimerous recommendations made in governors' messages, the lai^ge
number of statutes enacted, and the adoption of several novel
featured. Attention is now being directed less to mere changes
of season and more and more to strengthening the administration
of the laws, providing funds by perfecting the Ucense system, and
adopting measures for propagation or restocking depleted covers.
Of the 41 states and territories (including Vermont) which held
legislative sessions, all but two made changes in their game laws,
and if the 16 local laws passed in New York and the 67 in North
Carolina are taken into consideration, the total nimiber of statutes
affecting game will number about 180, exclusive of appropriation
bills. This was pix)bably the largest niunber of game laws ever
passed in the United States in any one year. In some sections
there was a marked tendency toward local legislation, which in
North Carolina was carried to the extreme of enacting special laws
for a nimiber of different townships.
Goyemors messages
As an illustration of the general interest in game protection
it may be noted that the subject was referred to in the President's
message and in the messages of the governors of 13 states and
territories, chiefly in the West. These recommendations touched
on a variety of topics, but most of them referred to administrative
features and several resulted in favorable action. In the cases of
Kansas and New Mexico the recommendations were renewals of
those made in 1903 and in both instances met with approval.
The President renewed his recommendation to Congress concern-
ing the protection of game on the forest reserves and yxrged the
establishment of game refuges for the preservation of big game.
The Governor of Arizona recommended the appointment of
one fish and game commissioner at a reasonable compensation
in place of the present unsalaried commission of three members.
The Governor of Florida, in calling attention to the failure of the
system of county wardens, urged the enactment of a game law
^See also Governors Messages and Index of Legislation, 1900.
PALMER GAME 221
providing a sufficient hunting license to defray the expenses of a
more rigid enforcement of the law. The Governor of Pennsylvania
suggested the combination of the duties of preserving the forests,
fish and game in the interests of better administration. The Gover-
nor of South Dakota made a strong plea for the establishment of
the office of State Game Warden and recommended five amend-
ments calculated to make the existing laws more effective and pro-
ductive of sufficient revenue to pay the warden's salary and the
expenses of enforcement and propagation of fish and game. None of
these recommendations became law. The reconmiendations of the
Governor of North Dakota that the game law be subjected to
radical revision, of the Governor of Oklahoma that imprisonment
be added as one of the penalties for violating the game law, and of
the Governor of Wyoming that a five year close season be made for
sage chickens likewise failed to receive favorable action.
On the other hand, the suggestions of five executives met with
favor. In Kansas, in accordance with the Governor's recom-
mendation concerning a warden and a nonresident license law,
the Legislature established the office of State Fish and Game
Warden and required licenses for both residents and nonresidents.
Illinois* game protection fimd having proved latter than was
necessary the proposed reduction of the resident license fee was
carried into effect. Changes were made in the Michigan law in
response to the demand for amendment, provisions were adopted
in New Mexico protecting antelope for five years and elk and.
sheep indefinitely, and much needed legislation passed in Wisconsin
abolishing spring shooting.
Legislation
General. Eight states, Arizona, Idaho, Indiana, Kansas, Min-
nesota, Missouri, North Carolina and Utah, adopted entire new
game laws or codified existing statutes. Some of these codes
were so comprehensive (those for Minnesota and Missouri contain-
ing respectively 68 and 71 sections) that it is impossible in the limits
of a short review to mention many of their provisions, or the numer-
'ous minor amendments in seasons, methods or enforcement adopted
by other states. The codification of North Carolina, however, is
of special interest from the fact that since the publication of the
last code in 1883 nearly 300 local laws had been passed and these
(including the 67 enacted during the year) were brought together
and consolidated in the Revisal of 1905. Considerable progress
was also made in harmonizing the conflicting dates of the open
seasons for upland game in many of the cotmties.
222 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
In the matter of warden service it may be mentioned that a
state fish and game warden was provided for the first time in Kan-
sas ('05 ch.267) and coimty wardens were authorized in South
Carolina ('05 ch.489). Vermont placed its service in charge of a
single commissioner ('04 ch.118), Illinois increased the nimiber of
its deputies, and California made a more liberal appropriation for
warden service. Minnesota and Missouri conferred the power of
search on their game officials, Wyoming authorized arrest and
seizure without warrant, and Maine arrest, search and seizure
without warrant ('05 ch.141).
Licenses. Additions and amendments to license laws formed
one of the most prominent features of the legislation of the year.
The present system of nonresident hunting licenses, which practi-
cally began in the United States in 1895, has become so general
that at the close of 1905 it had been adopted in all of the states and
territories except 14: Rhode Island, Connecticut, Georgia, Ala-
bama, Mississippi, Arkansas, Texas, Indian Territory, Oklahoma,
New Mexico, California, Nevada, Alaska and Porto Rico. The
states which adopted nonresident licenses during the year for the
first time were Arizona, Kansas, Missouri, Oregon and Vermont;
those which enacted resident licenses were Kansas, Missouri,
Montana axid Oregon; and those which adopted alien licenses
were Massachusetts, Utah, Washington and Wyoming. The
success of the license system as a source of revenue is clearly
shown by the returns in three of these states. In Oregon the
receipts of the first year from both resident and nonresident
licenses were about $20,000, in Kansas about $42,000, and in
Missouri about $48,000.
Important changes were also made in a number of states. Florida
made the license requirement applicable to noncitizens instead of
nonresidents; Maine, Montana, Minnesota and New Hampshire
extended their big game licenses to all game ; Illinois its resident
license to cover rabbits; and Indiana its autumn ducking license
to a resident license for all game. Changes in the fees were nimier-
ous and were about equally divided between increases and reduc-
tions. Tennessee adopted a $10 license (except in about 30 cotm-
ties) instead of its former variable fee; Washington replaced its
$1 coimty license by a $1 license for residents, a $5 license for
nonresidents, and a $50 license for aliens, and required correspond-
ing state licenses of $5, $10 and $50. Michigan raised the fee
for resident licenses for big game from 75 cents to $1.50, South
Dakota from $1 to $2.50, and Wyoming from $1 to $2. Reduc-
PALMER GAME 223
tions in fees were made in the resident license of Illinois from $i
to 75 cents, in the nonresident small game license of Montana from
$1 5 to $io, and in the nonresident license of Indiana from $25 to $1 5.
Montana and Wyoming made important changes in exemptions
from the license requirements, and Hawaii abolished the $5 hunting
license which had been required on the island of Oahu since 1896.
Restrictions on trade in game. The most important provisions
affecting the trade in game were those in the Missouri law ('05 p. 158)
prohibiting export and sale, which resulted in closing down the
markets of St Louis and. Kansas City, two of the largest game
centers in the West. Kansas ('05 ch.267) also prohibited sale of
plover, ducks, geese and brant, and the action of these two states
caused a decided decrease in the destruction of waterfowl for
market. Minnesota, always in the lead in restricting trade in
game, adopted the unique provision of prohibiting the placing of
game in cold storage, but at the same time made the law in regard
to sale of hides more liberal by permitting sale of hides of deer,
moose and caribou, obtained in other states ('05 ch.344.). Other
important steps were taken in some of the Western States. Idaho
prohibited sale of birds, Utah export of shore birds and Arizona
export of ducks, while Washington extended the privilege of ex-
porting a limited amount of game tmder each nonresident license,
and allowed sale of hides of big game.
In the East, Maine amended its law so as to prohibit export and
sale of all ducks instead of only a few species, New Hampshire cut
off all export of deer and game birds, Massachusetts prohibited sale
of deer taken in the state, Pennsylvania cut off all sale of woodcock
and wild turkeys but fixed an open season for sale of imported ruffed
grouse, and Illinois removed the restriction confining sale of imported
game during a limited season to cities, towns and villages.
Big game. The growing scarcity of big game was reflected in the
legislation of nearly half the states of the Union, which took steps to
secure better protection, mainly in closing the season entirely or for
a term of years, or in reducing the limit or ntunber which can be
killed by each person. Utah even went so far as to prohibit all big
game hunting indefinitely. Antelope were given a close season of
six years in Arizona, of five years in New Mexico, and were protected
indefinitely in Idaho. Only five states, Nebraska, Nevada, Oregon,
Washington and Wyoming, still maintain an open hunting season
for antelope. Absolute protection of elk was extended in Michigan
to 1 9 13, in Washington to 191 5, and in New Mexico indefinitely.
California declared killing of elk a felony ('05 ch.239), and Montana
224 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
reduced the limit to one elk in a season. Hunting elk is now per-
mitted only in Idaho, Montana, South Dakota and Wyoming.
Moose were protected until 1913 in Michigan. Caribou received
additional protection for six years in Maine and until 1 913 in Michi-
gan and Minnesota. Deer hunting was prohibited in Tennessee for
two years, in certain cotmties of Michigan until 1908, and on all
islands in Washington indefinitely. California, Colorado, South
Dakota and Vermont changed their deer seasons; California, Minne-
sota, Missouri, Montana and South Dakota reduced the limit;
Vermont repealed the law allowing killing of dogs nmning deer;
and North Carolina prohibited killing deer while swimming ('05
ch.388) ; Connecticut increased the penalty for killing deer from $100
to $500 ('05 ch.93), and authorized towns to pay damages caused
by deer to crops ('05 ch.108). Colorado and New Mexico protected
mountain sheep indefinitely. Montana opened the season but
placed a limit on sheep, and Oregon inadvertently removed protec-
tion from sheep and other big game in four counties. Montana
reduced the limit on motmtain goats. New York imposed a fine of
$50 for killing a black bear contrary to law ('05 ch.319). Michigan
extended the close season for beaver until -1911 ('05 ch.204) and
North Dakota until 1920 ('05 ch.51) ; Maine authorized the commis-
sion of inland fisheries and game to destroy beaver injuring prop-
erty ('05 ch.22) and New York modified its law so as to
authorize the Forest, Fish and Game Commission to acqmre beaver
by gift, purchase or capttire for restocking the Adirondacks ('05
ch.428).
Game birds. The movement in favor of increased protection of
shore birds, mentioned in the Review of Legislation for 1904, made
decided progress in 1905, especially in California, Colorado, Indiana,
Pennsylvania and Utah. Massachusetts recognized the necessity of
radical measures to preserve the upland plover and prohibited the
killing of this bird until 1910 ('05 ch.414). Anti-spring shooting legis-
lation also made some headway. Spring shooting of waterfowl was
prohibited in the general game laws of Montana and Utah and by a
special act in Wisconsin ('05 ch.113). Not less important was the
defeat in New York of a special bill to permit spring shooting on
Long Island. In regulating the methods of shooting waterfowl
New Hampshire passed a special law prohibiting use of swivel or
punt gims or any gun larger than No. 10 ('05 ch.98) ; and New Jersey
modified its statute in regard to use of boats or sink boxes by not
reqtiiring them to be moored, but prohibiting their use more than
100 feet from ice, or heaps of seaweed not covered with water, as
well as from any marsh, bar or bank ('05 ch.227).
PALMER GAME 22$
Imported birds received attention in a number of states: Nebraska
prohibited the killing of pheasants, English partridge, black cock,
or other imported game birds at any time ('05 ch.187); Michigan
protected capercailzie, blackgame and hazel grouse until 1910
('05 ch.73); Arizona and Indiana extended the close season on
pheasants to 191 1 ; Minnesota, Missouri and Rhode Island to 1910;
Massachusetts until 1907 ; and Connecticut declared an open season
On pheasants during the months of October and November ('05
ch.158). Many similar provisions in regard to seasons and bag
limits are contained in the general game laws but a further enumera-
tion of them is unnecessary.
Nongame birds. The ** model law" advocated by the American
Ornithologists' Union and the National Association of Audubon
Societies was passed in five additional states: California ('05 ch.117),
Michigan ('05 ch.257), Missouri ('05 p. 158), Pennsylvania ('05
ch.i8o) and South Carolina ('05 ch.474). The acts of California and
South Carolina were separate laws, while those in the other three
states were provisions incorporated in general game laws. The
California law was the successful result of the third effort to secure
the passage of the bill. In Pennsylvania the law had been originally
passed in 1889, but was superseded by the act of 1897 ('97 ch.103
§2) and it was an open question whether any part of the earlier
act remained in force. With these additions the **model law" is
now on the statute books of 33 states, the territory of Alaska and
the District of Columbia. Only three states east of the Mississippi
river, Alabama, Maryland and West Virginia, have as yet failed to
adopt it.
Notwithstanding the fact that this law covers all wild birds
other than game birds, several states have found it desirable to
supplement it with statutes mentioning by name certain species
which seem to be in need of special protection. Thus, California
passed a law protecting gulls and cranes ('05 ch.524) and New
Hampshire one protecting loons inhabiting freshwater ('05 ch.34).
Nevada (which has not yet adopted the A. O. U. law) passed a
special act making it a misdemeanor to kill an American eagle or
to destroy its nest or eggs ('05 ch.26), and New York prohibited
the destruction of the nests of cranes, ravens, common blackbirds
and kingfishers ('05 ch.426), although the birds themselves are
given no protection. Delaware provided that justices of the peace
should have jurisdiction of all cases arising tmderthe nongamQ bird
law and that all fines in such cases should be paid to the treasurer
of the Delaware Audubon Society ('05 ch.136). It is noteworthy
226 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
that in two other states the Ipcal Audubon societies are officially
recognized in the enforcement of game laws. In Michigan the
society has the privilege of naming four deputy game wardens
('05 ch.257 §28) and in North Carolina it acts as the game commis-
sion of the state.
In this connection reference should be made to two acts for the
diffusion of knowledge concerning birds, one in Massachusetts,
appropriating $3000 for a report by the Board of Agriculture on the
birds of the state considered from an economic standpoint ('05
r.51), and the other a provision in the school law of Oklahoma
reqmring instruction at least half an hour each week concerning
the habits and protection of animals and birds ('05 ch.33 art. 12 § 2).
Novel features. Mention has already been made of the pro-
hibition of placing game in cold storage in Minnesota. Among
other novel features of the legislation of the year attention should
be called to the adoption by Montana of a tmiform open season for
all game, thus greatly simplifying the law; the principle adopted by
Oregon and Vermont of fixing certain seasons by days of the week
instead of the month, the requirement by Wyoming of a |i permit
for photographing big game in winter, and the provision in the
Wisconsin law that each special deputy warden shall carry an
identification card bearing his photograph, his signature, the seal
of the department, and a miniature reproduction of his commission.
The legislation relating to preserves while not entirely novel was
unprecedented in extent. Wyoming created a large state game
preserve, the first of its kind in the West, comprising about 576,000
acres immediately south of the Yellowstone National Park ('05 ch.
90). Washington authorized county commissioners to create
game preserves on any island on petition of two thirds of its free-
holders ('05 ch.131). Illinois provided that any surplus from the
license fund could be utilized by the State Game Commissioner for
the purchase and propagation of quail, prairie chickens and pheas-
ants ('05 p. 2 7 7), and Pennsylvania appropriated $6000 for estab-
lishing and stocking public game preserves with deer and certain
birds ('05 ch.320). Amendments intended to encourage the propa-
gation of game were also made in the laws of Michigan, Minnesota,
Missouri, Pennsylvania, Tennessee, Washington and Wyoming.
This movement in favor of preserves and propagation is a feature
of game legislation which is likely to prove of the highest interest
and importance in the near future.
PISH AND FISHERIES*
M. C. MARSH, UNITED STATES BUREAU OF FISHERIES
In consequence of the meeting of a larger number of Legislatures in
1905 the legislative product relating to fish and fisheries was
greatly increased over that of 1904 and was even somewhat greater
than that of 1903. Thirty-one states and one territory passed a
total of about 140 acts.
Goyemors messages. The Governor of Illinois invited attention
to the great fish product of the Illinois river, and asserted that by
reason of the state enactments it furnished more fish to the markets
than any other river in the United States with the exception of the
Columbia river. In 1 901 the Illinois river alone furnished 1 7 ,000,000
potmds of fish and brought three qtiarters of a million dollars to the
towns along its banks. He advised the extension of the fish warden
service to cover the whole state, and advocated a tmiform code of
laws with the bordering states.
The governors of Michigan, North Dakota, South Dakota, Penn-
sylvania and Utah made recommendations looking to a more or less
extensive revision of the body of fish and game laws.
Legislation. New commissions. An unustial number of states
established bodies of one or more members to perform the usual
duties of a fish commission. Utah ('05 ch.118) and South Carolina
('05 ch.569) provided salaried commissions, the former for fish and
game, the latter for terrapin and shellfish; Minnesota ('05 ch.344)
five fish and game commissioners and Nevada ('05 ch.156) three
fish commissioners to serve without compensation ; Idaho ('05 p. 257)
and Kansas ('05 ch.267) salaried fish and game wardens; and
Illinois ('05 ch.271) provided for county wardens.
Investigations and new "fish cultural stations. The extension of
fish cultural 'methods to other aquatic animals is suggested in a
series of appropriations by Massachusetts of $500 each for biological
investigations of the quahaug, clam, oyster and scallop. Two
thousand dollars was also appropriated for obtaining and print-
ing evidence of the destructiveness of the dogfish and other pred-
atory fishes to the fishing industry. Colorado ('05 ch. 104-6) appro-
priated for three new fish hatcheries, Wisconsin (*os ch.484) for two
and Washington for seven.
^ See also Governors Messages and Index of Legislation, marginal no. 1900.
221
228 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I90S
Supervision of private fish culture. This is one of the most inter-
esting of several rather new tendencies in recent legislation. Wis-
consin ('05 ch.43s) defined the term "private fish hatchery," made
it tmlawftd to stock them from state hatcheries, required the
numbering, registration and inspection of such hatcheries, and the
branding of boxes in which their product is shipped. Michigan
required trout establishments and persons selling their products to
take out licenses and give bond for the faithful observance of the
conditions of the act which ftirther requires that no fish less than
7 inches in length be sold save for stocking purposes, that
shipments be accompanied by a bill of lading, a copy of which
mvist be sent to the game warden who must also receive later the
consignee's copy together with a statement of the disposition of the
fish. Licensees tmder the act can only retail their product at a
regtdar known place of business having a conspicuous sign, and
must have the invoice in their possession.
Pollution of waters. This subject increases constantly in impor-
tance from the standpoint of fish life as well as from that of the
sanitarian. ' Pennsylvania, Rhode Island, Oregon, Idaho and Utah
passed laws regarding it. Oregon ('05 ch.35) amended existing
law forbidding waste wood products from sawmills and the like to be
thrpwn into any waters of the state or so deposited that high
waters would wash them into the streams, and Utah made a similar
prohibition. Pennsylvania ('05 ch.i88) forbade the deposition in
boundary lakes of a certain size certain named industrial wastes
^or any other deleterious substance." Rhode Island C05 ch.iaaa)
forbade pollution of public waters by "any substance which shall in
any manner injuriously affect the growth of shellfish in or under
such waters," or affect the flavor to the extent of injuring the sale,
leaving the fact of injury to be established. Idaho ('05 p.as?)
passed a law aimed at "substances that will tend or may tend to
the destruction or driving away" of fish, leaving a considerable
burden of proof on the prosecution.
Certain subjects which include the greater part of the annual
legislation on fish and fisheries are made up of many details and
received their usual share of attention during 1905. These are the
close seasons and the prohibition or restriction and regulation of
devices for taking fishes. They deserve no special mention beyond
noting that there is the same inevitable tendency of past years to
increase these restrictions. Beyond these the legislation takes
several directions which are becoming definite tendencies of com-
paratively recent origin. Such are the movement toward defining
MAKSH FISH AND FISH£SIES 22g
food and game fishes, the increasing restrictions on transportation
of fish, cooperation for fish culttire and protection between states
having waters in common, and conferences to settle vexed questions
of difEeience and to make tmiform laws, and the delegation of power
to arrest without warrant for violations. Michigan C^s ch.145)
made it lawful for the United States Bureau of Fisheries to take
fish and spawn for fish ctdtural and scientific purposes in Michigan
waters, thus removing a cause of friction. The denial of fishing
rights to nonresidents or the requirement of a license fee, is becoming
a more and more poptdar form of limiting the drain on the fish sup-
ply. An important court decision concerns such an enactment.
Court decisions. Right of nonresident landowner to fish and hunt
on his land. In Arkansas an act of 1903 made it unlawful for any
person who is a nonresident of the state to shoot, hunt, fish or trap
at any season of the year. A nonresident owner of a large estate
continued to fish thereon, was tried for violation of the statute
(State V. Mallory) and was discharged by the Circuit Court. On
appeal the judgment was aflSrmed by the Supreme Court of the
state. The decision turned on the nature of the landowner's right
to take fish and game on his own land. The court held this to be a
property right, curtailment of which merely on accotmt of non-
residence was both a denial of equal protection of law and without
due process of law, and therefore the act violated the 14th amend-
ment to the federal Constitution. Two justices dissented.
Eminent domain. New Jersey in 1901 passed an act to acquire
among other things fishing rights common to all in fresh-water
lakes in certain counties and declared that such lakes of more than
100 acres area may, in order to make available and maintain to the
public the right of fishing in them, be acquired by a state commission
by eminent domain as well as by other methods. The commission
proceeded under eminent domain. The Court of Errors and Ap-
peals of New Jersey decided that the right to fish in an inland lake
can not be separated from the ownership of the lake and taken
under eminent domain, because the natural supply of fish therein is
inadequate to a public demand and because the object of the
acquisition of the right is pastime and not use. On this two justices
dissented. The court further held that the whole act was invali-
dated by the unconstitutionality of that part which aimed to dele-
gate the power of eminent domain.
New York State Education Department
New York State Library
REVIEW OP LEGISLATION 1905 LEGISLATION BULLETIN 29m
Irrigation R. P. Teele
Land Drainage John T. Stewart
IRRIGATION*
R. P. TEELE, EXPERT IN IRRIGATION INSTITUTIONS, IRRIGATION AND
DRAINAGE INVESTIGATIONS, UNITED STATES DEPARTMENT OP
AGRICULTURE
As in 1903, the most marked feature of irrigation legislation in
1905 was the extension of public control over the use of water.
Complete codes of water laws were adopted in North Dakota ('05
ch.34), South Dakota ('05 ch.132) and Oklahoma ('05 ch.21) while
public control was asserted and partial codes adopted in New
Mexico Cos ch.102) and in Oregon ('05 ch.228). In addition, Mon-
tana appointed a commission to draft a code of water laws ('05
ch.90). Since the enactment of these laws in 1905 the only states in
which irrigation is extensively practised which have no provisions
for the public control of the use of water are Arizona, California,
Kansas, Montana and Washington. In all these, with the excep-
tion of Kansas, efforts were made in 1905 to secure the enactment
of water laws, but without result.
The final purpose of all these laws is the distribution of water to
those entitled to its use. A necessary preliminary to such dis-
tribution is a complete and accurate list of all rights to water.
Throughout the arid region rights have been acquired without pub-
lic supervision and are therefore largely indefinite, making it neces-
sary that the state provide for the defining of these existing rights.
In order that all rights acquired in the future may be defined, super-
vision of their acquirement is provided for. With these provisions
properly enforced and all previously existing rights defined accord-
ing to law, there will be in existence a complete list of rights in
accordance with which the water should be distributed. A com-
'See also Governors Messages and Index of Legislation, 2183.
a3«
232 N. Y. STATE LIBKA&Y REVIEW OF LEdSLATZOK I905
plete code of water laws should provide for three things: defining of
existing rights, supervision of the acquirement of rights, and dis-
tribution of water. The laws enacted in 1905 are here discussed
under those three heads.
Adjudication of rights. New Mexico created a board of control
and the office of territorial engineer and provided for the adjudi-
cation of rights, following exactly the procedure of Wyoming, which
was the first to provide for the defining of rights by administrative
ofiicials. The Territorial Engineer is to make surveys of the streams
and ditches where rights are to be defined; the water commissioner
of the district in which the stream is located is to collect testimony
as to the dates of construction and other facts necessary for the de-
fining of rights; and the board of control is to define the rights on
the basis of the surveys made and the testimony collected ('05
ch.102).
There is a very general opinion throughout the arid states that
the defining of rights to water is a judicial function which can not
properly be delegated to administrative ofiicials, and with the ex-
ception of Nebraska, Nevada, New Mexico and Wyoming, the states
which have made provision for defining rights have left it in the
courts. This is true of the new laws enacted in 1905 in North
Dakota ('05 ch.34), Oklahoma ('05 ch.2x) and South Dakota ('05
ch.132). All these laws are substantially alike. The engineer is to
make hydrographic surveys of the streams, beginning with those
most used for irrigation. When the survey of any stream is com-
pleted the results are to be turned over to the attorney general,
who is to enter stiit on behalf of the state for the adjudication of the
rights. The attorney general is to intervene in any suits for de-
fining rights begun by private parties when advised to do so by the
engineer, and in all suits regarding water rights begun by private
parties all parties claiming rights to the same source are to be made
parties to the action, and the court is to call upon the engineer to
make hydrographic surveys and collect the data necessary for de-
fining the rights. None of these laws has as yet been put in practice
and their validity has not been tested in the courts. The most im-
portant provision and one which is essential to securing a complete
list of rights to water — ^that actions for defining rights may be begun
by public officials — ^has been declared void in Idaho (Bear Lake
Co. V. Budge, 75 P. 6 1 4). In that case the Supreme Court of Idaho
said: " Under the police power of the state the Legislature can not
authorize^a public officer to bring suit to settle private rights to the
use of water or the priority of such rights." It seems that the rea-
TBELB IRRIGATION 233
soning of the Idaho court would apply to the laws in the other states.
Oregon adopted only the part of this law providing that in any stilt
regarding water rights to which the state is a party the court is to
call upon the engineer for surveys and other data ('05 ch.a28).
Acquirement of rights. The same laws which provide for the de-
fining of rights in North Dakota, Oklahoma and South Dakota pro-
vide for the acquirement of rights in the future under strict public
supervision. A party wishing to acquire a right must make appli-
cation to the engineer, publish notice of this application and secure
a permit before beginning construction. The engineer may return
an application for correction, and may reject it if in his opinion there
is no tmappropriated water in the proposed source of supply or if
the granting of the application is detrimental to the public interest.'
The engineer in approving an appUcation fixes the times when the
works shall be completed and when the water shall be applied to a
beneficial use. At the expiration of time allowed for the completion
of the works they are to be inspected by the engineer, who has
authority to order changes. When the works are satisfactorily
completed the engineer is to issue a certificate of completion. At the
expiration of the time allowed for applying the water to a beneficial
use, there is a second inspection, after which a license is issued de-
fining the right which has been acquired. These laws follow very
closely that of Wyoming. This system has also been adopted in
Idaho, Nebraska, Nevada and Utah. In Idaho the engineer has no
authority to reject an application, but must approve any appUca-
tion made in proper form. The interests of the state are however
safeguarded in another way, which is peculiar to Idaho. There is a
filing fee of $1 for the first cubic foot per second appHed for and lo
cents for each additional cubic foot per second, and the applicant for
more than 25 cubic feet per second is required to file a bond, the
amoimt of which is to be determined by the State Engineer but is
not to exceed $10,000, conditioned on the completion of the works in
accordance with the permit issued ('05 p.3S7). In Utah the engi-
neer formerly had authority to reject applications which he con-
sidered detrimental to the public interest, but in the first case in
which he attempted to exercise this authority he was overruled by
the courts, and in 1905 this power was taken away from him, as
was also the authority to hold a hearing regarding the granting of an
application ('05 ch.108).
Nevada in 1903 adopted a partial code of water laws, but made no
provision for supervising the acquirement of rights. This was pro-
vided for in 1905 C05 ch.46). The procedure is similar to that in
^34 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
the Other states. The earliest law in the arid region regarding the
acqtdrement of rights required the appropriator of water to post and
file a, notice stating what he claimed, the point of diversion, and
certain other facts. This law has proven entirely worthless so far as
providing a list of rights, but notwithstanding this it was adopted
in New Mexico ('05 ch.104) and Oregon ('05 ch.228). New Mexico
in its law of 1905 followed the Colorado Constitution in declaring
that the waters of the territory are the property of the public and
the right to appropriate these waters shall never be denied. It is
the common opinion in Colorado that this provision of its Constitu-
tion prevents the adoption of a law similar to that adopted in the
other states, and it is probable that this doctrine accounts for the
failure of New Mexico to provide for the supervision of the acquire-
ment of rights.
The states and territories which now have such supervision of the
acquirement of rights as will provide a complete list of all rights
acquired are : Idaho, Nebraska, Nevada, North Dakota, Oklahoma,
South Dakota, Utah and Wyoming.
Distribution. Provisions for officials to distribute water were
made in North Dakota ('05 ch.34), Oklahoma ('05 ch.21) and South
Dakota ('05 ch.132). In order that these officials may have means
of controlling the water diverted and measuring its quantity the
owners of ditches are required to put in headgates and measuring
devices. All these laws provide that in case of failure to do this
within a reasonable time the water officials may refuse to deliver
water to the ditch owners. Montana has not made provision for a
complete list of water rights nor for public officials to distribute
water, but has provided ('05 ch.64) for the appointment of com-
missioners by the courts wherever decrees defining rights to water
have been rendered. Such commissioners must be appointed on
the application of the owners of 25% of the rights included in the
court decree.
Transfers of water rights. Closely connected with the distribution
of watet is the supervision of transfers of rights. Without such
supervision of transfers as will secure a record, a list of water rights
becomes of little value since it is accurate only so long as no transfers
are made. The new laws adopted in 1 905 all provide for application
to the State Engineer for permission to make a transfer. Notice of
this application must be published in order that those who might be
injured by the transfer may file their objections. Id Wyoming it
has been the ruling of the board of control that transfers could not
be made, but this has been overruled by the Supreme Court of the
TEELE IRRIGATION 23S
state (Johnston v. Little Horse Creek Irrigation Co. 79 P. 22).
After the rendering of this decision a law was enacted ('05 ch.97)
providing that transfers of water rights must be made by deed, which
is to be recorded with the coimty clerk and also with the State
Engineer. After the filing of such deed the engineer may recognize
the transfer or refuse to do so. In case he refuses the one to whom
. the right has been transferred may sue for an injimction to restrain
the water officials from interfering with his enjoyment of the right.
Any one injured by a transfer recognized by the engineer may ap-
peal to the courts.
Government construction of irrigation works. The National
Irrigation Law (law of Jime 17, 1902) providing for the construction
of irrigation works by the national government has led to the
enactment of a ntunber of laws in the arid region. The United
States is given the right of way over state lands and state lands
included in the areas to be reclaimed by the government works are
to be disposed of only in accordance with the classification of farm
units made by the Secretary of the Interior, in Idaho ('05 p.373),
Montana ('05 ch.S3), North Dakota C05 ch.34), Oklahoma ('05
ch.2i), Oregon ('05 ch.228) and South Dakota ('05 ch.132). Ne-
braska grants the right of way over state lands for government
works ('05 ch.i52).
Water users associations organized in connection with the govern-
ment reclamation projects are exempted from corporation taxes in
Idaho Cos p.373), Montana ('05 ch.66). New Mexico ('05 ch.15)
and Oklahoma ('05 ch.21).
The United States is excepted from the laws governing the
acquirement of rights to water and needs only to notify the State
Engineer of the intention to use certain described water supplies
to have them reserved from appropriation by others in New Mexico
('05 ch.102), North Dakota ('05 ch.34), Oregon ('05 ch.228) and
South Dakota ('05 ch.132).
The Reclamation Service has required the organization of water
users associations imder all its proposed projects, and to aid the
organization of such associations New Mexico appropriated money
to pay the expense of such organization, and authorized certain
coimties to levy assessments to raise money for this purpose ('05
ch.57). Laws enacted in attempts to secure construction of works
by the Reclamat'lon Service have been repealed in Nevada and
Utah. The Nevada law of 1903, providing for the appointment
of the State Engineer and minor water officials, stipulated that they
should be nominated by the Secretary of the Interior or the Director
236 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
of the Geological Stirvey, and these provisions wei^e repealed in 1905
Cos ch.46). Utah in 1903 created the Arid Land Reclamation Fund
Commission, for the purpose of securing the construction of works
by the government, and in 1905 abolished this commission ("05
ch.70).
Carey act. The act of Congress of August i8, 1894, commonly
called Carey act, grants to each of the arid states 1,000,000 acres of
arid land upon condition of its reclamation. These lands are to be
patented to the state and afterward by the state to the settlers-
Idaho has passed a law providing for making the lands segregated
imder this act sectuity for the money spent in constructing the
works for its reclamation, and in order to make this efiEective pro-
vided that when works are completed if lands are not taken up by
individuals the state shall apply to the United States for patent,
after which it can transfer the land to the parties building the
irrigation works ('05 p.9S).
Montana formerly had a board called the State Arid Land Grant
Commission, which was to provide for the reclamation of the lands
granted to the state by the Carey act. In 1905 (ch.ios) this board
was abolished and in its place the Carey Land Act Board was created.
Applications for segregation of lands are to be made to this board.
The State Engineer, who is a member of the board, is to examine the
plans and make recommendations as to their feasibility. He is also
to make surveys for cooperative companies organized for the pur-
pose of reclaiming land imder this law. The purchase price of
water rights under Carey Land Act projects is made a first lien on
the lands reclaimed.
The Wyoming law regarding the acquirement of water rights
requires that work shall begin within six months after the approval
of an application. This is impossible imder Carey act projects for
the reason that a permit to appropriate water must be sectired
before the project will be approved by the State Land Board and
the procedure in the General Land Office for the segregation of
lands reqtiires as a rule much more than six months, and construc-
tion can not be begun tmtil the land has been segregated by the
General Land Office. Provision has therefore been made that under
the Carey act projects work must begin within one year from the
segregation of the lands by the General Land Office ('05 p.79).
Promotion of irrigation. Several of the arid states have pro-
vided for the expenditure of money to promote irrigation develop-
ment. California appropriated money for topographic surveys to
be made in cooperation with the United StAtes Qeologioel Survey;
TEELB IRRIGATION 237
forestry work in cooperation with the Forestry Sendee of the United
States Department of Agriculture; and the study of methods of
irrigation in cooperation with the Office of Experiment Stations of
the United States Department of Agriculture ('05 ch.isy). Ne-
braska ('05 ch.214), Utah ('05 ch.13) and Nevada ('05 ch.95) pro-
vided for similar cooperation with the Office of Experiment Stations
of the United States Department of Agriculture. Colorado appro-
priated $1500 for reservoir surveys on the Rio Grande ('05 ch.130),
and Utah provided for construction of reservoirs by the state for
the irrigation of state and other lands ('05 ch.68).
Irrigation districts. Irrigation districts are a form of municipal
organization imder which landowners organize for the purpose of
securing money for the^ construction of irrigation works and main-
taining and operating the same. The essential features are the
power to force into the organization those who may be xmwilling to
go into it, since a district can be organized upon a favorable vote
of two thirds of the landowners in the district ; the power to issue
bonds; and the power to levy taxes for maintenance, operation,
interest and sinking fund.
In 1905 Texas adopted an irrigation district law ('05 ch.122).
Upon the petition of a majority of the holders of title to lands within
the proposed district, who must also represent the majority of the
assessed value of real estate within the district, the coimty commis-
sioners are to order an election to determine whether the district
shall be organized. Only qualified electors under the general
election law who are also resident property taxpayers may vote
in such elections. A two thirds favorable vote is necessary for the
organization. The board of directors is qualified to acqture by
purchase or condemnation all property necessary for the purposes
of the district, including canals and works constructed or being
constructed by private owners and establish rules and regulations
for the distribution of water. This power to condemn existing
works is not usually included in district laws, though there is a
strong sentiment in favor of it in several other states, notably
Nebraska, where the interpretation of the irrigation laws is such
that the owners of land who are being supplied by one ditch are
prohibited from acquiring a right to irrigate their lands from any
other source (Farmers' Irrigation District v, Frank, 100 N. W. 286).
This places the farmers more or less at the mercy of the owners of the
ditch which supplies their lands, and in 1905 a strong effort was
made to amend the irrigation district law in such a way that they
might acquire by condemnation the ditch which supplies their
238 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
lands. Under the Texas law water is to be distributed to the land-
owners in proportion to the district taxes paid and these taxes are
' based upon the assessed valuation of the property. Taxpayers have,
however, the right to lease the water to which they are entitled in
case they do not wish to use it themselves. For the issue of bonds
there must be a petition of a majority of the landowners and a two
thirds vote in favor of the bonds. The bonds issued may not exceed
one fourth of the assessed value of the real property of the district,
and interest may not exceed 5.5%, the bonds being payable in 20
to 30 years. Bonds may not be sold for less than par. In case the
bonds sold do not meet the cost of construction, additional funds
may be raised by a special assessment which may be authorized by
a two thirds vote of the landowners. Interest on bonds is to be
raised by annual assessments and in case the board of directors
of the district fails to levy these assessments the county commis-
sioners are to do so. Construction must be paid for from con-
struction funds raised by the sale of bonds or by assessments, but
the cost of operation and maintenance may be raised by tolls or
charges for water used. Districts have power to lesise water for
use outside of their boundaries.
There were minor amendments to the district laws in other states.
In California the provision for excluding lands within the boundaries
of a district which are not benefited was amended in such a way
that town lots can not be excluded ('05 ch.33). The Supreme Court
of CaUfomia, in Merchants Bank of San Diego v. Escondido Irri-
gation District {77 P. 937) held unconstitutional the provision of the
California district law giving the directors authority to pledge the
property of the district as additional security for bonds issued. The
bonds are a lien upon the lands within the district, but the law de-
clared tmconstitutional empowered the directors to make the bonds
also a lien upon the irrigation works and other property belonging to
the district.
The Colorado irrigation district law was revised and reenacted
('05 ch.113). Idaho made provision for excluding land within the
boimdaries of a district which is too high to receive water ('05 p. 220).
The Idaho district law of 1903 ('03 p. 150) provided for the pa3anent
of irrigation district taxes on state lands included within a district
and for the addition of the district taxes paid to the price of the
land when it shall be sold by the state. This law was repealed
('05 ch.378) and provision made for appraising the benefits accruing
to state lands from the construction of irrigation works and the pay-
ment of these benefits to the district by the state. The amount thus
TEELE IRRIGATION 239
paid is to be added to the price of the land when sold. In Nebraska
the tenns of irrigation district oflScers were extended from one to
three years ('05 ch.i66).
Historical review. In the review of the irrigation legislation of
1903 the writer stated that that year witnessed a greater extension
of effective public control of the use of water in irrigation than any
previous year. The same may be said of 1905. Previous to 1903
anjrthing like complete public control was confined to Wyoming and
Nebraska. In 1903 and 1905 such control was extended to tJtah,
Idaho, Nevada, North Dakota, South Dakota and Oklahoma, and
beginnings were made in New Mexico and Oregon, while Washington
and Montana have appointed commissions to draft codes of water
laws. This great activity in enacting laws shows a very general
recognition of the necessity of public control. Differences of
opinion relate very largely to methods.
The earliest irrigation laws in the United States required merely
the posting of claims at the points of intended diversion as a warning
to the public of the existence of rights. There was in this no element
of public control. A later development was a requirement that
copies of these claims be filed in county offices, and still later in the
offices of the state engineers, but still there was no assertion of
public control. With these laws there was no provision for deter-
mining what rights were acquired, although it has been the recog-
nized law of irrigation from the start that rights could be acquired
only by building works and putting the water to beneficial use.
The claims posted and filed, therefore, were not an index to the
rights in existence, and the fact that they were not was so notorious
that recorded claims did not deter later comers from filing claims
or diverting water.
The next step toward public control was provision for the appoint-
ment of public officials to distribute water to those entitled to its use.
This is the beginning of public control of water supplies, although
there is in it little element of pubUc control, since there is no re-
striction upon the acquirement of rights. Colorado was the pioneer
in providing for distribution by public officials. On the admission
of Colorado as a state in 1876 a constitutional provision was adopted
stating that the tinappropriated waters of the streams of the state
were the property of the public and the right to divert these waters
should never be denied. This constitutional provision has been held
to prohibit the state from assuming complete control of its waters,
and while Colorado was the first state to begin public control it has
not advanced since the adoption of its first law providing for dis-
tribution by public officials.
240 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Before its admission as a state Wyoming had copied the Colorado
laws, and the failure of these laws to produce satisfactory results in
either Colorado or Wyoming led to provision for much more com-
plete pubhc control in Wyoming when it was admitted as a state in
1890. The waters of the state were declared to t)e the property of
the state and laws were enacted upon the theory that the state might
do as it pleased with its own property. Rights were no longer to be
secured merely by building works and appropriating water, but the
intending builder of irrigation works was required to apply to a state
official and receive a permit before beginning construction. The
State Engineer, to whom applications were made, had authority to
reject an application if there was no unappropriated water in the
source of supply or if in his opinion it was hostile to the public
interest. Later he was given authority to inquire into the financial
ability and good faith of applicants. Administrative officers, i. e.
the board of control, were given authority to define existing rights^
making the law in this way to a certain degree retroactive.
The general principles of the Wyoming system tmderlie the sys-
tems adopted by the other states since that time, and public control
has in none of the states gone farther than in Wyoming. In fact
there seems to be a slight reaction toward a less rigid public control.
Utah has taken away from the State Engineer the power to reject
applications for reasons of public policy, while Idaho has not given
her engineer power to reject applications for any cause. Idaho
has, however, retained such supervision of the acquirement of rights
as will guarantee a complete record of the rights acquired. Idaho
follows Colorado in declaring that the right to divert the appro-
priated waters of the state shall never be denied, and while this pro-
vision has been held in Colorado to preclude the supervision of the
acquirement of rights, the Idaho laws providing for such supervision
have been upheld. The more recent laws have not given the ad-
ministrative officials power to determine existing rights. In Idaho
the law giving power to these "officials to initiate actions in the courts
for defining rights has been declared void, while in none of the other
states has this power been tested in the courts.
None of the states has as yet attempted to direct irrigation de-
velopment, even those which have assumed complete control of the
water supplies. The provision for rejecting applications which are
considered hostile^to the public interest might be interpreted to
give the engineer power to choose between applications in favor of
those which in his opinion would most promote the public inter^,
but with the one exception in Utah, cited above, the engineers have
fiSELt iRRlGATION i^t
not attempted to use this power in this way. The reasons for the
exercise of this power are economic and the advantage aimed at —
the lai^est use of the water supply — ^is provided for by allowing
transfers of rights and by giving to ditch companies the right of
eminent domain. The laws passed in 1905 provide that they may
condemn existing rights. These later laws seem to indicate that
public control has reached its limit and that the bringing about of
the most economical use of the water will be left to economic laws.
Everjrthing points to the territorial extension of public control till
the whole arid region is covered.
For a tabulation of provisions relating to public control of
water, see following page.
242 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I90S
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LAND DRAINAGE*
JOHN T. STEWART, DRAINAGE ENGINEER, OFFICE OP EXPERIMENT
STATIONS, UNITED STATES DEPARTMENT OF AGRICULTURE
Laws relating to land drainage were enacted in 1905 in 21 states
and the territories of Arizona, Oklahoma and New Mexico. Twelve
of these enacted new laws, some of which were to take the place of
existing defective enactments, and three codified and consolidated
their entire drainage code. The Legislature of California provided
for the organization of a special drainage district designed to meet
the conditions found necessary in the reclamation of the overflowed
lands of the Sacramento valley. Minnesota and Florida have state
drainage commissioners charged with the improvement of state
lands by drainage, and other states provided for the assessment of
state lands for the construction of drainage works. The object of
all such legislation is to make cooperation possible and practicable
by the organization of drainage districts imder such legal regulations
as will secure efiicient drainage to landowners, with due regard to
the property of all affected by the work.
Nearly every state contains large areas of agricultural land which
may be profitably improved by drainage, which fact is now appre-
ciated by owners. This state of affairs gives rise to a demand for
special laws which will permit the construction of the necessary main
drainage works by cooperative action. It should be observed that
in nearly every state the administration of the laws is intrusted to
county officials or to special commissioners elected by the people
most closely identified with the execution of the work, the cost of
which must be paid by special assessments.
The laws of the year are so long and ntimerous that it is practicable
to fully stimmarize only a few of them. The provisions of the
California and New Mexico laws relating to the prevention of floods
and the reclamation of overflowed lands, of the Minnesota and
Florida laws relating to state drainage commissions, and, as an ex-
ample of a complete drainage system, the Wisconsin act revising all
drainage laws^ are given below:
California. Owing to the activity of the River Improvement and
Drainage Association of California, considerable legislation has been
enacted pertaining to the reclamation of overflowed lands by means
of levees and ditches. Several minor changes have been made in
*See also Governors Messages and Index of Legislation, 119a
S43
244 N. Y. STATE LIBRAfiY REVIEW OF LEGISLATION I90S
existing laws, as shown by the Index of Legislation^ and one general
act relating to the reclamation of overflowed lands by ditches and
levees has been passed. The Drainage Association secured the
appointment of a commission consisting of four engineers, which
investigated the conditions and reported on the improvement of
the swamp lands bordering the Sacramento river and its tributaries.
In accordance with the recommendations of this commission, a special
act has been passed creating the Sacramento Drainage District.
The act creating the Sacramento Drainage District ('05 ch.368)
defines the boimdary of the territory included and provides for its
government by a board of drainage commissioners in conjunction
with a board of river control, having its office at Sacramento. There
are nine drainage commissioners, the localities which they are to
represent being specified, and an election is held once every four
years to elect a new board, every person holding property in the
district being entitled to one vote for each dollar valuation of prop-
erty assessed. Vacancies are filled by appointments made by the
Governor. Each commissioner must be a bona fide owner of at
least 40 acres of land within the drainage district and in the section
from which he is elected, and upon his election shall give a bond for
the faithful performance of duty to the amount of $10,000. The
board shall meet at least once in three months and at its first meet*
ing shall elect one of its ntimber as president and employ such per-
sons as may be necessary, including a secretary and an engineer.
It has the power to adopt such laws and regulations not in conflict
with the general laws as may be necessary for the government of the
district ; the right to acquire land by the various legal methods, to
make assessments, to levy and collect taxes, and to sue and be sued
in the name of the district. The engineer employed by the board
performs such duties as usually pertain to that office. The board
shall appoint three assessors having no property interests in the
district, who shall determine the assessment of lands and file the
report with the secretary of the board, who shall forward to each
coimty treasurer the list of lands and their assessments lying within
his cotinty. This list shall be open to inspection and the board shall
set a time and place in each cpxmty where it will convene for the
purpose of hearing objections to said assessments. Persons having
objections shall file them in writing with the secretary of the board
before the date of the hearing, and also appear in person before the
board at the hearing. After the assessment roll has been confirmed
by the board, it shall be returned to the county treasurer, who shall
collect assessmenta. All moneys collected by the oountjr treatimr
STEWART LAND DRAINAGE 245
shall be turned over to the State Treasurer and disbursed upon
warrants issued by the drainage board. This board has charge of all
improvements not imder the Board of River Control.
The Board of River Control consists of two members, one of whom
shall be a civil engineer appointed by the Governor and the other
the president of the Board of Drainage Commissioners. Each
member of this board holds office for four years and receives an
annual salary of $6000. They shall have control of all levees and
canals and such other improvements as are constructed for the pur-
pose of controlling flood water in the district in which either the state
or the federal government, or both, are interested, and can acquire
right of way and other necessary property the same as the Board of
Drainage Commissioners. They shall consult with boards or of-
ficials appointed by the federal government for the improvement of
streams, have charge of the expenditure of money for river im-
provement provided by the state and the drainage districts, ex-
amine aU plans and estimates for river improvements, and make a
report on the same to the State Board of Examiners. The fund
subject to the order of this board is known as the river improvement
ftmd, and is made up from assessments of benefited lands and appro-
priations made by the state and federal government, or both. The
expenditure from the river improvement fimd shall be paid out
by the State Treasurer upon a warrant issued by the State Comp-
troller, approved by the State Board of Examiners.
The officers of all subdistricts or reclamation projects must submit
to this board plans and estimates of proposed improvements and
receive their approval before proceeding with construction. Any
person having a contract tinder this commission who, in the con-
struction of any work, shall cover up any material forbidden by the
specifications, shall be pimished by fine or imprisonment. The
officers of all subdistricts shall make an annual report in January to
the Board of Drainage Commissioners, showing the condition of the
reclamation works with a complete statement of all work done and
moneys expended during the past 12 months.
Florida. A joint resolution was passed proposing an amendment
to the Constitution to be voted on by the state at the November
election, 1906, providing for a drainage commission to consist of the
Governor, Comptroller, State Treasurer, Attorney General, and
Commissioner of Agriculture, the Drainage Commission to have the
power to establish drainage districts, to make a list of all alluvial,
swamp or overflowed taxable lands within the district, and to levy
an annual acreage tax not to exceed 10 cents an acre on all such
246 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
lands, this tax to be collected by the county of&cials and turned over
to the drainage board, the drainage commissioners' lien upon the
taxable lands of the district to be superior to all other liens. The
commissioners shall have authority to exercise the right of eminent
domain in the condemnation of land and acquiring the right of way
for drainage works, and to levy special assessments on benefited
lands as provided by the Legislature. The above resolution is prac-
tically the same as '05 ch.6, which was enacted by the last Legis-
lature and is now in effect.
Minnesota, In his message to the Legislature Governor Van Sant
called attention to the act of the Legislature of 190 1 creating a
drainage law and appropriating $50,000 for drainage purposes,
stating that it had been the purpose of the drainage board to locate
ditches where the most benefit would apcrue to state lands, and that
the work had reclaimed thousands of acres and added value to
adjacent lands far in excess of the cost of the work.
Governor Johnson in his message called attention to the lai^
tracts of swamp land in the northern part of the state and urged the
enactment of a law having for its purpose the drainage of these lands.
He recommended the establishment of a fund from which the ex-
pense of the improvement could be met, the money thus expended
to be returned to the fund in deferred payments without interest,
from taxes levied upon and collected from the lands benefited. This
fund would thus be kept intact and would permit of a more rapid
development of the drainage system and would relieve the Legis-
lature of future appropriations for drainage purposes. He also
called attention to the National Swamp Land Grant by which
thousands of acres of swamp land were deeded to the state upon
condition that the lands be drained by the state.
An act ('05 ch.io6) provides for a drainage commission for the
improvement of the state lands ceded to the state by the federal
government in 1850 with the provision that the proceeds of said
lands shall be used for improving them. This commission consists
of the Governor, State Auditor and Secretary of State. The com-
mission is instructed to determine the number of acres of wet land
belonging to the state, where they are located, and where ditches and
drains will be necessary to make them agricultural lands, and they
shall cause ditches to be constructedof the size and capacity necessary
to provide good drainage. They are also to determine when and in
what manner the work herein provided shall be done. If the moneys
available are not sufficient to construct all the necessary drainage,
they shall execute such a part of it as the present ftmds will cover.
STEWART LAND DRAINAGE 247
They can appropriate such lands as they find necessary for drainage
improvements, and where the price of such lands can not be agreed
upon the court shall appoint three persons to assess the valuation
of such lands. In case either party is dissatisfied appeals may be
taken to the district court, but construction shall not be delayed by
the proceedings where land is appropriated.
Chapter 159 provides that the Drainage Commission shall employ
such engineers and help as are necessary, and make a survey of all
state swamp lands and the location and size of such ditches as will
be necessary for their drainage, with an estimate of their cost . The
engineer so employed shall make a report to the Drainage Com-
mission not later than November 1906, and his report shall be
embodied in the report of the commission at the next session of the
Legislattu^.
A law was enacted ('05 ch.230) providing for the boards of county
commissioners to organize drainage districts for the improvement of
streams and swamp lands by levees and ditches. Ditches shall fol-
low as near as practicable the natural courses of streams and water-
sheds. No meandered lake shall be drained unless such lake is
shallow and of a swampy nature, and a petition of 75 persons owning
land adjacent to a meandered lake shall be sufficient to prevent its
improvement by drainage, or if a village is located on the banks
of such lake it shall not be drained, neither shall any body of water
which is used as a source of water supply for a city be affected by
drainage. Overflows from meandered streams or lakes may be
removed by drainage improvement. A petition signed by not less
than six persons owning land in the district, setting forth the neces-
sity for improvement and describing the land included, shall be filed
with the county board, together with a bond sufficient to cover the
preliminary costs. Each person affected by the petition shall be
notified by the cotmty auditor and a date set for hearing. If the
board is satisfied that the foregoing conditions have been complied
with it shall appoint an engineer to make a survey of the proposed
improvement. With an estimate of its cost. He shall make a survey
down the stream, setting stakes every 100 feet, and make a com-
putation of the yards of excavation in each 100 feet of length, and
shall make a statement of all other improvements, bridges etc.,
that will be necessary for the completed work. He shall include in
his report a form of contract and specifications for the construction
of the work, the coimty attorney giving the engineer such assistance
as needed in the drawing up of the contract and specifications.
If the engineer shall find a better route for the ditch than that
248 N. y. STATE LIBRARY REVIEW OF LEGISLATION I905
Specified in the petition he may, with the consent of the bondsmen
for the petitioners, change the location. At the time the engineer
is appointed or soon thereafter the commissioners shall appoint
three viewers, who shall be disinterested persons and no kin to a
resident of the district. These viewers, either with or without the
engineer, shall view all the lands in the district and make an assess-
ment of the benefits and damages caused by the proposed im-
provement. The benefits assessed against the lands shall be pro-
portioned to the benefit the land will actually receive from the pro-
posed ditch and not on what it would receive if some other ditch were
constructed. The viewers shall file the report with the county
auditor, who shall call a meeting of the board. He shall also notify
each person affected by the petition of the day the board will con-
vene for hearing on the report.
In case the order of the commissioners establishing a drainage
district is set aside inside of one year, the petitioners can re-petition
the board and the district organization can be taken up without
making a new survey or assessment. On the day set for the hearing
by the board, persons interested may appear and file their objec-
tions to the assessment. In case the assessors have not agreed in
their report, or any of the assessments seem tmjust, the board can
equalize them and confirm the assessment roll, but if on any piece
of property the assessment for damages is greater than benefits, a
check shall be drawn on the county treasurer for the balance,
payable to the owner. In case either party is not satisfied, he may
appeal to a higher court by giving a bond sufficient to pay the costs
if the appeal is not sustained, but the work of construction is not to
be delayed by any such proceedings. If more than two persons
appeal, they may be consolidated and tried together, but the rights
of each shall be separately determined. Within 10 days after
filing the order establishing a ditch, the commissioners shall ad-
vertise for bids on the work. The auditor with the approval of the
engineer shall let the contract either in sections or altogether to the
lowest responsible bidder, who is required to give a satisfactory
bond. The engineer shall inspect all work completed, and
if satisfactorily done shall certify the same to the board, and the
coxmty auditor shall draw a warrant on the treasury for the amount
due the contractor for such work. If there is not sufficient money
in the fund to pay the warrant it shall draw 6% interest tmtil paid.
By written approval of the engineer, the contractor may receive
during the progress of the work 75% of the amotmt due him. The
board may issue bonds for paying the cost of the work, which shall
STEWART LAND DRAINAGE 249
be payable at such time as the board may determine, not to exceed
10 years, and bear interest at a rate not to exceed 6%, but in no case
must the bonds be sold for less than par.
At the earliest possible date after the letting of contracts the
cotmty auditor shall make out a tabtdated list showing the names
of all landowners or corporations in the district,' the descriptions of
the lands, the number of acres benefited, and the amount of benefits
and damages assessed to each tract, and the amount that each tract
must pay for the proposed improvements, and also make a statement
of the cost of the ditch. The ditch shotdd always be referred to as
No. — coimty ditch. The amount of the assessment upon each tract
of land becomes a paramoimt lien on the land, and shall bear interest
at the rate of 6% after the date of filing of the auditor's statement.
The principal and interest of bonds due each year shall be entered
on the tax list and collected with other county taxes. All state
lands shall be liable to assessment the same as private property, and
*the sum of $5000 is set aside by* the state from which such assess-
ments are to be paid. Railroads, towns or county roads which are
benefited by drainage improvements shall be assessed according to
the benefits received.
After the drainage works have been constructed they shall be
kept in repair by the board, the cost of repairs to be paid out of the
general fund of the county, which is to be reimbxirsed by assessments
on the land, made in the same proportion as those for original con-
struction. When it is desired to construct a ditch in more than one
county the petition shall be presented to the district judge, the clerk
of the district court acting in all procedures in the same capacity
as the county auditor and the judge the same as the board of com-
missioners, and the ditch shall be known as Judicial Ditch No. — .
. Che county auditor shall notify any municipality or corporation
when a bridge or culvert is to be constructed upon its right of way,
and if such mxmicipality or corporation does not construct the bridge
or culvert within a reasonable time, the same shall be constructed
by the board and charged up to the damages or benefits assessed
against that organization. In no case shall the assessment against
the property be greater than the benefits.
County boards may cooperate with the State Drainage Commis-
sion in any manner which may conserve the best interests of both.
Any person who obstructs or injures any drainage work is guilty of a
misdemeanor and shall be liable to the person or corporation injured
in an amount treble the damages done. Any drainage officer who
neglecti^his duty ihall be guilty of a ffiisdemeanor and alio^liable
250 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I90S
in treble damages, and the county attorney shall prosecute the
above under the criminal code. This act shall be Hberally con-
strued so as to promote the public health, construction and improve-
ment of roads, and the drainage and reclamation of overflowed
lands.
For the purpose of making examinations and siu^eys, viewers,
coimty commissioners, and the engineer can enter upon any land
and do any act necessary in the performance of their duty, and any
person interfering with or preventing them shall be punished upon
conviction by the court. If the court shall at any time modify any
assessment to conform to an error which has been made, it shall in
no manner affect other assessments.
Any aggrieved party may appeal to a higher court by giving a
satisfactory bond. Persons so desiring may petition to construct
and maintain a county or judicial ditch at their own expense.
They shall file with this petition a bond sufficient to cover any dam-
ages which may arise from such action. When such petition has
been filed, notice shall be given and an opporttmity for any inter-
ested person to appear at a hearing and file objections. The board
may appoint viewers and an engineer to look over the proposed
improvement and make a report. After receiving such report the
board has discretionary power to grant such petition.
New Mexico, The Legislative Assembly passed an act ('05 ch.19)
giving the county commissioners of the counties of the fiijst class
discretionary powers to levy a tax anntially on all taxable property
within 5 miles of either side of a river rvuming through such cotm-
ties, to an amotmt not to exceed 2 mills on the dollar. This levy is
to create a fund from which such drainage improvements as may be
necessary to control the flood waters of the stream may be con-
structed. The board is authorized to examine streams and water-
courses in the coimties, which are liable to overflow and cause
damage, and may appoint an engineer to survey and make plans
for the improvement of such streams and may proceed with the
construction of such works as the engineer recommends, the work
to be done tmder the direction of an engineer authorized by the
board and to be let after proper notice, to the lowest responsible
bidder who can give sufficient bond. Upon approval of this work
by the board the cost shall be paid by warrant upon the county
treasurer out of the funds raised by the drainage taxes. The board
and its agents shall have free and unobstructed entrance on all lands
necessary to carry out this act and shall not be liable to any damage
except for wanton injury to property, and where it is necessary to
STEWART LAND DRAINAGE 2$!
acquire right of way for the proposed improvements the same
shall be done by condemnation or other legal methods. The law
provides that at times of sudden flood the board may call out all
able-bodied citizens under the age of 60 residing within the area, and
require them to work for not to exceed five days in any calendar
year, if their services are needed. Persons owning teams can be
required to bring their teams for the same number of days. Any
person so summoned must render services in person or furnish a
substitute, or pay in cash the stun of $1.50 a day for each day his
services are required. This stmimons can be made through any
of the peace officers. The officers making such summons shall
receive a compensation of $2.50 a day while actually engaged in
serving, the same to be paid out of the drainage f imd. Any person
who fails to appear when so summoned shall be fined not less than
$5 nor more than $25, or imprisoned in the coimty jail not to
exceed 10 days, or both fine and imprisonment. The officer who
shall receive money in lieu of work shall keep a correct list of
persons paying the same and make a report to the coimty treasurer,
who shall deposit the amoimt to the credit of the coimty flopd
fimd. The board is also authorized during sudden floods to order
headgates of ditches to be closed or flood waters drained through
ditches or other channels already cut or to be cut for the purpose,
as the necessity of the case may require. The boards of different
counties can act jointly in the construction and maintenance.
Wisconsin. An act has been passed ('05 ch.419) revising and
consolidating the drainage laws. This act provides for the organi-
zation of drainage districts when a petition has been filed with the
Circuit Court signed by a majority of the adult owners of land, who
shall represent one third of the land area within the district, or
when signed by one half of the landowners within the district who
desire to construct drainage improvements across the lands of others.
The petition shall specify the name of the district, the necessity for
the work, give a general description of the improvement of the
lands included, and the names of the owners. A petition lacking
the required number of signers shall not be declared void, but the
court may permit it to be amended by additional names, or several
petitions may be circulated and brought together and considered
as one petition. On the filing of the petition the judge shall set a
time for a hearing and the clerk of the court shall give 20 days*
notice of its date by posting notices in five public places in the dis-
trict, and annoimcing the date for three successive weeks in a
newspaper in each cotmty. This notice shall describe the proposed
252 N. y. STATE LIBRARY REVIEW OF LEGISLATION I90S
work and give the facts containe'd in the petition. If it shall be
found that some of the persons affected by the district have not
been properly notified before the day of the hearing, the court shall
adjotim the hearing until the proper notice has been served on such
persons. On the date of hearing interested parties may appear
and contest the sufficiency of the petition, of the signers of the
notice, the constitutionality of the law, and the jurisdiction of the
court, specifying their objections and offering competent evidence
in regard thereto. The judge shall pass on these objections and
if he finds them well fotmded may dismiss the petition at the
cost of the petitioners, but if he shall find that the petition is
properly presented and the objections^ are not well founded,
he shall appoint three commissioners, who shall hold office for
a term of two years and shall receive $3.50 a day for time
employed and reasonable expenses. The commissioners shall
oi^anize and elect one of their nimiber secretary, and shall
personally examine the lands in the district and make a
preliminary report to the court, in which they shall state the
necessity and general utility of the proposed work and whether
the total benefits would exceed the cost, and shall also, as near as
may be, fix the boimdaries of the district. Such boundaries,
however, shall not be changed from those named in the petition
sufficiently to deprive the court of jurisdiction. If the commis-
sioners think that the plan described in the petition is not the best
for the purpose named, they shall report a revised plan that will
carry out the intentions of the petitioners and present it to the
court. Upon the filing of the preliminary report the judge shall
fix a time when the report shall be heard. Notice of this hearing
shall be published in the papers of each county for three successive
weeks prior to the hearing. All objections to this report shall be
filed in writing at least five days before the day fixed for the hearing.
These objections shall be tried without a jury and if the court decides
against the petition it shall be dismissed and the cost paid by the
petitioners, but if the coiirt finds in favor of the petition it shall
declare the district organized under the name stated in the petition
and with such boimdaries as have been fixed by the commissioners.
The commissioners who have been appointed shall be the corporate
authority of the district. As soon as practicable after the con-
firmation of the preliminary report, the commissioners shall have
all necessary surveys, plans and estimates made and report the
same to the court. If they do not find the route of the proposed
drainage and the botmdaries of the district practicable as described
8TBWAST LAND DBAINAGB 353
in the preliminary report, they shall report to the court such changes
as may be necessary. They shall also report the damages sustained
by any tract of land and the assessed benefits, and the cost of
keeping such improvements in repair after completion. Upon
the filing of this report the court shall set a time and place for
hearing any person who desires to remonstrate against its confirma-
tion, giving the prescribed notice of the same. Any person or
corporation affected by the proposed improvement can appear at
the hearing and remonstrate against the whole or any part of the
proposed work. The court may set a time for hearing the re-
monstrances of any person or corporation on the matter of assess-
ments of benefits or damages, and may impanel a jury and take
its verdict upon the trial of such issue. If the finding of the court
be against the validity of the proceedings, the defect shall be
remedied or the proceedings dismissed, but if the finding be in
favor of the validity of the proceedings, they shall be confirmed,
and this finding shall be final and conclusive unless an appeal is
taken to a higher court within 30 days. At the time of confirming
the assessments the court may order them to be paid in not more
than 15 instalments, but in such amounts and at such times as
will be convenient for the accomplishment of the work, or for the
payment of principal and interest on such notes or bonds as the
court shall grant authority to issue. The first instalment shall
become due not more than five days after the date of the order,
and each instalment shall draw interest from the date of the order.
Unless the order provides otherwise, the assessment shall be payable
at once. Within 30 days after the confirmation of the report any
landowner shall have the privilege of paying to the court the total
amount of his assessment and relieve his land of the lien. Assess-
ments for keeping drainage structures in repair shall be payable
annually on the first Tuesday of September. Commissioners
having charge of completed drainage improvements shall file with
the clerk of the court in June of each year, a report specifying the
work necessary for the preservation and protection of the work
under their control and the sum to be assessed against the lands
to make such repairs. All such assessments shall be proportioned
on the last assessment of benefits confirmed by the court, but the
amount collected anntially for this purpose shall not exceed a sum
greater than would be produced by a levy of 30 cents an acre on the
land benefited. Within 20 days after assessments have been con-
firmed, the commissioners shall give notice through the newspapers
published in the county, for two consecutive weeks, where and when
254 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I9OS
the assessments may be paid. Assessments not paid when due
shall be certified to the clerk of the town or village in which the
delinquent lands' are situated and shall be entered upon the tax
books in the same manner as other taxes. If the assessments are
not paid at the time of other tax collections they shall be re-
turned to the coxmty treasurer who shall sell the delinquent
lands the same as delinquent lands for other taxes. Immedi-
ately after confirmation of the assessments the clerk of the
court shall certify to the register of deeds of each coxmty the stun
assessed against each tract of land. Assessments for construction
shall be payable in instalments and draw interest at the rate of
6% a year. In case the interest is not paid when due, its collection
shall be enforced the same as assessments. The commissioners
of the district have the right to plan, estimate and construct all
drainage structures necessary, acquire right of way by condemna-
tion or other legal methods, to enter upon any lands for the purpose
of inspection or making surveys, and to construct ditches or levees
across highways, railroads or other public or private property.
However, they shall be subject to damages for any injury that may
be caused to such property. If the first assessment for construc-
tion is not sufficient to complete the work, an additional one may be
made imder the direction of the court without further notice. Such
additional assessment shall be treated in the same manner as the
original assessment. In case any tract of property benefited has
been omitted in the assessment, the commissioners may agree with
the owner regarding it or they may make an assessment and file
it with the court. The owner shall be properly notified and have
an opportunity of filing objections, and the court shall decide the
amount to be paid. Commissioners may borrow money not to
exceed the amoimt of assessment, for the construction or repair
of any work, and may secure the sum by notes or bonds bearing
interest not to exceed 6 % a year. Where the cost of the work to
be done exceeds $500, it shall be let to the lowest responsible
bidder, commissioners having the right to reject any or all bids and
to readvertise and hold another letting. All damages allowed to
the owners of land shall be paid or tendered before" such land shall
be entered upon for construction. If the owner is imknown or will
not receive the payment, the atnoxmt of the damages must be
deposited with the clerk of the court. When any person owning
land in a district shall file a petition with the commissioners stating
that his lands from their natural location are cut off from any ditch
and he can not secure an outlet without constructing a ditch through
STEWART LAND DRAINAGE 255
the lands of others and for which he will have to pay an exorbitant
price, the commissioners shall set a time for hearing the complaint
and notify all interested, and if at the hearing it is shown that the
statements set forth are true, they shall order the drain laid out
and assess damages and benefits to lands through which it passes^
a notice being served upon all those interested, who shall have an
opportimity of remonstrating against the assessments. Said order
shall be final tinless an appeal is taken within 30 days to the Circuit
Cotut having jurisdiction in the district. The commissioners
shall proceed to construct the drain, which shall become a part
of the drainage system of the district. When the owners of land
lying contiguous to any drainage district desire to drain their lands
into the ditches of the district, a petition signed by more than one
half of the landowners, who shall represent more than one third
of the land lying in the proposed extension, shall be presented to
the court. This petition shall describe the lands, give the names
of the owners and their reasons for desiring to be annexed to the
district. After due notice the court shall hear the petition, and if
it is confirmed the proceedings shall be the same as in a new district.
The land added shall pay an assessment sufficient to cover its pro-
portion of the original cost of the drainage improvements. When-
ever any lands lying outside of a district are benefited by the work
of the district, the commissioners may report this fact to the court,
who shall order the owners of such lands to be notified and to give
reasons why their lands should not be brought into the district
and assessed for the benefits. All remonstrances shall be filed in
writing and any issue arising shall be tried by the court without a
jury, and if the court finds that the commissioners' report is true,
it shall cause the lands to be annexed and assessed an amotmt
sufficient to pay for the benefits received* This order shall be final
unless an appeal is taken to a higher court within 30 days. When
any lands outside of the district have been injured by the improve-
ments in the district, damages may be allowed by a mutual agree-
ment between the commissioners and the persons so injured, or
they may be recovered in an action at law. The boundaries of a dis-
trict shall not conflict with those of any other district either above
or below, and if through the proposed improvement any cost shall
be entailed upon a lower district, the higher district shall be liable
(or the increased cost. The court has supervision of the com-
missioners at all times and can require them to make a report at
any time on any matter connected with the district and may
remove any commissioner from office or fill a vacancy by appoint-
ment.
256 N. y. STATE LIBRAKY REVIEW OF LEGISLATION I905
Whenever an assessment against a city or town is confirmed, the
sum to be paid shall be certified to the clerk of the city or town,
who shall place the amount upon the next tax roll as a part of the
taxes to be collected. Whenever the assessment exceeds 1% of
the assessed value of the property in a city or town, the assessment
for drainage construction shall be divided into instalments, no one
of which shall be greater than i % of the assessed value, and each
instalment shall bear interest at the rate of 6%. At the time
of construction the district shall repair or build all highway grades
or bridges which are interfered with or made necessary by the
drainage improvement, but afterwards their maintenance and
repairs shall be assumed by the township. After five years from
the confirmation of the commissioners' report the Circuit Court
shall, if petitioned by one fourth of the owners of the lands in a
drainage district, order a new assessment. Such reassessment shall
be according to actual benefits without reference to the original
report or whether the lands were assessed for benefits or damages.
The report of this reassessment shall be returned to the court,
which after due notice will give a hearing and make such modifica-
tions as it thinks necessary, and then confirm the report. All
assessments thereafter shall be levied and collected on a basis
of this reassessment. The provisions of this act are to be liberally
construed to promote the public health and welfare by the rec-
lamation of swamp and overflowed lands by such drainage struc-
tures as are necessary. The collection of assessments as confirmed
by the court shall not be obstructed by any omission or defect in
the organization of the district prior to the order confirming the
assessment.
New York State Education Department
New York State Library
REVIEW OP LEGISLATION 1905 LEGISLATION BULLETIN 2911
COMMERCE AND INDUSTRY^
GEORGE MYGATT PISK PH.D., PROPESSOR OF COMMERCE, UNIVERSITY
OP ILLINOIS
The general character of the state laws enacted in 1905 is reflected
in the following list: weights and measures, adulterations and imi-
tations, branding, inspection, associations, exchanges, speculation,
warehouses, markets, regulation and licensing of trades and occu-
pations, miscellaneous trade regulations, encouragement of indxis-
tries, navigation and water ways.
Weights and measures. Efforts to protect the public in the
matter of weights and measures are reflected during the past year in
variotis recommendations of governors and in the enactment of
19 laws on this subject. The Governor of Utah called attention
to the fact that the existing law regulating the testing and sealing
of weights and measures was a dead letter and should either be
repealed or made more effective, while the Governor of West
Vii^ia renewed liis recommendation of 1903 that general legisla-
tion on this subject should be enacted. New laws were passed by
Idaho ('05 p.364) and North Dakota ('05 ch.194), the main features
of which established a imiform standard of weights and measures,
provided for a state sealer and inspector and penalties for violation
of the law. Several states amended existing laws, the general
purport being to insure more effective control. The larger ntmiber
of laws relate to special commodities, such as butter, cranberries,
hay, straw, coal, wheat, com, hops etc., the legislation aiming to
protect the public by securing fixed weights and measures. One
of the most interesting laws and one whicB might well be copied is
a law of Minnesota ('05 ch.286) which authorized cities and towns to
establish public wagon scales where "any person either buying or
selling any article or commodity by weight to be delivered in such
mtmicipality wherein such public scales are maintained may have
the same weighed upon such scales by paying the fee charged for
weighing thereon."
'See also Governors Messages and Index of Legislation, 1422.
■ST
258 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Adulterations and imitations. Inspection. The governors of
several of the states recommended more efficient regulations regard-
ing the inspection of lUimiinating oil. Governor Heireid in his
annual message referred to a law enacted in 1903 "which has given
the people relief from the adulterated oils for which South Dakota
has become a favorite dumping ground. . . For two years the
supply of oil has been satisfactory. The people will never again
submit to the conditions which existed prior to the enactment of
the present law." Nearly 30 laws have been passed by various
states in regard to adulteration, branding, inspection etc. Most
of these laws were amendments of existing statutes. As regards
adulterations the subjects treated were gold and silverware, linseed
oil, and dairy, food and petroleimi products, especially the last
named. More efficient inspection was the ke)mote to most of these
laws. A law in Oregon ('05 ch.46) — ^interesting as showing the
cooperation of state and federal governments — appropriated money
for the establishment at the University of Oregon of a laboratory
for the testing of the lumber, timber, stone, rock and other building
material of the state, this appropriation being based upon the offer
of the federal government to furnish a competent engineer to test
the strength of the building material of the state.
The modem extension of the market, due largely to the developed
means of transportation and communication, has caused the right in
" incorporeal" property to become of increasing importance. Many
of the states during the past year have legislated in the direction of
insuring greater protection in the use of trade-marks, trade names,
labels, society badges and other forms of advertisements. The
laws provide more stringent regulations regarding registration and
licensing. The Pennsylvania law ('05 ch.210) which is an amend-
ment of la previous law is especially comprehensive.
Associations. Exchanges. Speculation. Under this heading
four laws were passed which dealt almost exclusively with the
subject of ** bucket shops." With the exception of North CaroUna
all the states enacting these laws are in the Northwest: Minnesota
('05 ch.133), North Dakota ('05 ch.s8) and South Dakota ('05
ch.115). The statutes define a '* bucket shop" and make it unlaw-
ful for any corporation, association, copartnership or person to
keep or cause to be kept any such shop. The usual penalties are
heavy fines and imprisonment. According to the North Carolina
law ('05 ch.538) no person may be excused from testifying touching
anything done by himself contrary to the statute but such testimony
FISK COMMERCE AND INDUSTRY. 259
shall not be tised against him in any penal or criminal prosecution
and he shall be altogether pardoned of the oflEense so done or par-
ticipated in by him.
Warehouses. Markets. In this category i8 laws, including
amendments, have been passed during 1905, their general trei^d
being to protect producers and the public in general, as well as to
facilitate this method of marketing. There is an increasing recog-
nition as to the public character of warehouses and markets.
Attempts to do away with discriminations are shown in laws passed
by the Legislatures of Minnesota ('05 ch.302) and Wisconsin ('05
ch.479). The former law stipulated that a public warehouseman
"shall receive for storage or shipment, so far as the capacity of his
warehouse or elevator will permit, all grain in suitable condition
for storage, tendered him in the usual course of business, without
discrimination of any kind." This law as well as the laws of other
states is very specific regarding the issuance of numbered receipts
for all grain warehoused, failure to do so or the giving of receipts
without the storage of grain. or* other commodities subjecting the
warehouseman or any person a party to the collusion to fine or
imprisonment.
The Wisconsin law aims against railway discrimination by com-
pelling railroads to furnish at a "reasonable rental" to parties
desiring to construct a public elevator or warehouse, a site upon
its vacant right of way or depot grounds, within the yard limits
of any station or terminal of siich railroad. The enforcement of
this law is left to the railroad commission, who also determine
what a "reasonable rental" is, when there is a disagreement on
this point.
Other laws passed during 1905 which aim to protect all classes
interested in the use of warehouses and elevators, prescribe bonds
of warehousemen, increase the negotiable character of receipts
(Vt. *o4 ch.156; Cal. '05 ch.452), require annual reports and the
maintenance of maximum charges (Kan. '05 ch.496) and provide
for more effective inspection, a law of North Dakota ('05 ch.113)
enacting that the government Agricultural Station determine
and publish the comparative milling values of different grades of
wheat.
An interesting law in North Dakota ('05 ch.iio), amending a
former law, entitles the holder of a receipt upon demand to receive
the same quality and amount of grain delivered at any terminal
point or at the same place where the grain was received, on the
payment of reasonable charges.
260 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Regulation and licensing of trades and occupations. Over 50 laws
have been passed in this category diiring 1905. They affect various
classes, architects, accountants, barbers, commission merchants,
hawkers and peddlers, jtmk and secondhand dealers, nurses,
veterinary surgeons, and others. Most of these laws relate to the
licensing or examination and registration of these various classes.
Some laws are general in their scope, while others, which are largely
amendments of existing laws, are more special in character. Nearly
30 laws relate to hawkers and peddlers, practically all the states
requiring licenses for these itinerant merchants. Many of the
laws enlarged the classes of persons belonging in this category.
Some states require a certain license of itinerant vendors who sell
their wares on foot and a higher license for persons who make their
sales from wagons. In many of the states there are certain class
exemptions, notably war veterans and farmers who sell their
produce in neighboring towns. Such exemptions have been
declared unconstitutional in many of the states. A law of Arkansas
which was passed in 190 1 provided that any person, either as owner,
manufacturer or agent, who without license shall travel in any
county and peddle certain specified articles, shall be deemed guilty
of a misdemeanor, but that the section shall not apply to any
resident merchant in said county. It was held by the court in 1905
(ex parte Deeds, 87 S. W. 1030) that the act was in violation of
the 14th amendment of the federal Constitution prohibiting a state
from denying to any person within its jurisdiction equal protection
of the laws. It further violated the state Constitution (art. 2 §18)
by being class legislation. It is interesting to note in this connec-
tion that in order to obviate any constitutional difficulty a consti-
tutional amendment has been proposed in Minnesota which specific-
ally exempts from a peddler's license those who "sell or peddle
the products of the farm or garden" occupied and cultivated by
them.
Two general laws regarding accountancy have been passed in
Florida ('05 ch.54) and Michigan ('05 ch.92) which are very similar
to the laws passed in 1904 by the Legislatures of Illinois and Wash-
ington. Their main feature is the appointment of a board by the
Governor which is to examine applicants and issue the certificate
of Certified Public Accoimtants (C. P. A.) to those who successfully
meet the requirements laid down by the board.
Several of the states enacted laws calculated to raise the standard
of efficiency of professional nurses and veterinary surgeons. The
general feature of these laws is a state board appointed by the
FI^K COMMERCE AND INDUSTRY 261
Governor with power of granting certificates to applicants who
pass examinations in certain prescribed subjects. In California
regents of the State University hold examinations to test the
qualification of 'trained nurses.
The most important feature in the laws relating to junk and
secondhand dealers is the provision making it tmkwful for these
dealers to purchase of minors without a written permission of
parents or guardians and requiring them to keep a record of such
purchases from minors (Me. '05 ch.78).
An act passed in the state of Washington which required horse-
shoers to pass an examination was declared tmconstitutional by
the Supreme Court of the state (in re Aubry, 78 P. 900) on the
grotmd that the trade was not one affecting the health, welfare and
comfort of the public and hence not justified by the police power.
Miscellaneous trade regulations. Twenty-five laws of a miscella-
neous character relating to trade regulations were passed, most of
these referring to the use of business names, advertisements, dis-
criminations, legal and public holidays and the use of trading
stamps. An amendment to the Civil Code of California (*os
ch.442) relating to the transfer of the goodwill and name of a busi-
ness stipulated that the person transferring the goodwill of his
business may also transfer with it the right of using the name under
which the business is conducted. Attempts have been made in
many of the states, especially in recent years, to check the deface-
ment of natural scenery and other conspicuous objects by unsightly
advertisements. A Maine law ('05 ch.33) stipulated that a person
advertising his wares or occupation by painting notices of the same
on, or affixing them to fences or other private property or to rocks
or other natural objects without the consent in writing of the proper
authorities is pimishable by a fine.
As regards discriminations, a sweeping law was passed in Kansas
('05 ch.2) whereby it was enacted that any one doing business in
the state and "engaged in the production, manufacture or dis-
tribution of any commodity in general use, that shaU intentionally,
for the purpose of destroying competition, discriminate between
different sections, communities or cities of this state, by selling
such commodity at a lower rate in one section, community or city
or any portion thereof than is charged for such commodity in
another section, community or city, after equalizing the distance
from the point of production, manufacture or distribution and
freight rates therefrom, shall be deemed guilty of tmfair discrimina-
tion." Severe penalties are prescribed for such discriminations
262 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I90S
whether they be by domestic or foreign persons or corporations. An
interesting law was passed in Utah ('05 ch.io6) which declared any
unjust discrimination against publishers of newspapers, by persons,
association of persons, and corporations engaged in the business of
gathering and distributing for publication, information or news,
to be unlawful.
There is a general tendency in the United States toward increasing
the number of legal and public holidays, and making those already
in existence more effectively observed. This tendency is due in
part to the efforts of labor organizations as well as to others who
are interested in general social betterment. Eleven states enacted
laws along this line during 1905.
The use of trading stamps has been very much deprecated in
recent years, especially by large numbers of the mercantile class.
Many states have gone so far as to prohibit altogether their use in
mercantile transactions. Eight laws were passed in various states
in 1905, some of them prohibitory in character, others aiming to
safeguard the public by greater restrictions in the use of trading
stamps. .A decision of the Supreme Court of New Hampshire
(State V. Ramseyer, 58 A. 958) declared unconstitutional the state
law ('99 ch.6o) which prohibited the giving away of tradinjg stamps
with articles of merchandise purchased, entitling the purchaser
to other articles on exhibition at the store of the trading stamp
company and making a violation thereof ptmishable by fine, etc.
The court stated that it "is unable to discover how it promotes
the public welfare as a police regulation. Indeed, the title of the art
does not indicate such a purpose. It is denominated 'an act to pre-
vent the use of trading stamps, coupons and other devices on the
sale or exchange of property.' In the absence of sufficient evidence
that it is a police regulation, it cannot be judicially declared to
possess that character; and, if it is not under the Constitution an
exercise of the police power, it finds no justification in that instru-
ment and is rendered invalid by the second article of the Bill of
Rights. . . But the legislative prohibition of a business not
harmful to society in any of its essential features, though compara-
tively novel and peculiar, can not receive judicial sanction merely
because the prohibitive business stimidates competition among
merchants in disposing of their wares, or affords an unusual method
for commercial advertising.'*
Encouragement of industries. Thirty-five laws for the encourage-
ment of industries were passed, 24 of these relating to appropria-
tions for the purpose of furthering state representation at the
FISK COMMERCE AND INDUSTRY 263
Lewis and Clark and the Jamestown Expositions. Several'states
enacted laws granting bounties and other favors for the production
or. manufacture of sugar beets. Several years ago Nebraska *
enacted a law ('95 ch.i) "to provide for the encouragement of the
manufacture of sugar and chicory and to provide a compensation
therefor." This act was recently declared to be contrary to the
state Constitution (Oxnard Beet Co. v. State, 102 N. W. 80) which
provides that "no bill shall contain more than one subject and the
same shall be clearly expressed in its title." The purpose of this
constitutional inhibition was to require each proposed measure to
stand upon its own merits and to prohibit the joining of several
measures in one act in order to combine the friends of each measure
and pass the bill as a whole, where probably a majority could not
be procured in favor of any one of its different objects. The court
in reviewing the case stated that it could not "escape the con-
clusion that the friends of the manufacture of each of these different
products were gathered together for a common fight for the bill
in this omnibus form, when, perhaps, a provision for the encourage-
ment of either, standing on its own merits, might have failed of
passage." The claim that even if the act be unconstitutional
"there is still a moral and equitable duty resting upon the Legis-
lature to pay the bounty" was denied by the court.
In his annual message Governor Heyward of South Carolina
said: "It has been practically demonstrated that our climate is
admirably adapted to silk culture. . . as a profitable and
desired addition to our diversified crops, I think this an im-
portant subject for our careful consideration." It is interesting
to note that the Utah Silk Commission ('98 ch.2) has been abolished
('05 ch.59) the repealing law prescribing "that all property now in
the hands of the Silk Commission, belonging to the state, be turned
over to the Experimental Station of the Agricultural College of
Utah, for experimental purposes, and that the balance of cash
now in the hands of the commission be turned over to the State
Treasurer."
In recent years many states have in various ways attempted to
attract capital and immigrants. The governors of several states
referred to this subject in their annual messages in 1905, most
of them recommend^g the appointment of agents or commissions
with power to advertise the various resources of their states. Massa-
chusetts (*o5 r.57) appropriated $500 for publication by the Bureau
of Statistics of Labor of information as to unutilized industrial
opportunities. Similarly New Hampshire ('05 ch.96) appropriated
264 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
$3000 for the pturpose of advertising not only the natural tesotiroes
of the state but also its advantages for summer residences. North
Dakota ('05 ch.26) appropriated $20,000 to be used to disseminate
information regarding its agricultural possibilities with a view
to attracting immigrants, while Wyoming authorized an expendi-
ture of $2500 for publishing and distributing 5000 copies of a
pamphlet showing the various industrial possibiUties of the state.
A Wisconsin law {'05 ch.458) permits county boards of supervisors
to appropriate $1000 annually "solely for the purpose of inducing
immigration to the state."
Navigation and water ways. No noteworthy laws relating to
navigation and water wa}rs have been passed. Perhaps one of the
most interesting enactments was the appointment in Illinois
('05 ch.40) of an Internal Improvement Commission to investigate
*'the various problems associated with a projected deep water way
from Lake. Michigan to the Gtilf of Mexico and the reclamation
of lands subject to overflow or inundation, the construction of
practical and substantial levees, the ascertaining of the acreage of
lands now subject to inundations from rivers, the increase from
benefits to be derived from this proposed deep water way and
reclamation of lands subject to overflow or intmdation, and such
other statistics and data" as will enable the General Assembly
to formtilate laws to carry these projects into efiect. Rhode
Island extended to 1906 the term of the commission appointed
in 1 903 to investigate the shipping interests of the state in Providence
and in Narragansett Bay. Several of the states enacted laws
for the improvement of harbors, wharves, docks, piers, inland
water ways, pilotage etc. Some of these laws were municipal
enabling acts and others represent efforts on the part of the states
toward cooperation with the federal government in promoting
or protecting the internal commerce of the country.
^"' New York State Education Department
New York State Library
REVIEW OP LEGISLATION 1905 LEGISLATION BULLETIN 29O
BANKING*
LOUIS BOISOT LL.B., TRUST OFFICER, FIRST TRUST AND SAVINGS
BANK, CHICAGO, ILL.
General statutes. The states of Idaho, North Dakota and
Texas have passed general banking acts. The Idaho statute
provides for the appointment by the Governor of a bank com-
missioner to whom all banks must report at least twice a year and
who shall visit and examine each bank at least once a year. He
is authorized to examine bank officers and clerks imder oath and
is required to keep records of all his official acts.' He has general
supervision over all the banks in the state and it is his duty, in
case he considers a bank insolvent, to bring suit for the appoint-
ment of a receiver and for the liquidation of the bank.
Banks may be incorporated imder this act either as commercial
or as savings banks. . The minimum capital required is $10,000
in villages of less than 2000 population, $20,000 in cities or villages
having between 2000 and 3000 population, $25,000 in cities of
from 3000 to 5000 population, $30,000 in cities of from 5000 to
10,000 population, $50,000 in cities of from 10,000 to 25,000 popu-
lation and $100,000 in larger cities, if any such exist in the state.
At least 50% of the capital must be paid in before the bank begins
business and the remainder in monthly payments of 10% of the
entire capital. Stockholders are individually liable to the credi-
tors of the bank to the amount of the face value of their stock,
which liability may be enforced by the bank, if in liquidation, or
by its receiver, by an action at law or suit in equity.
It is made the duty of the Bank Commissioner to examine the
condition of all prospective banks, and no bank can commence
business imtil it has received a certificate from the Commissioner
that it has complied with all the provisions of the law and is duly
authorized to transact a banking business. Banks are not allowed
to make loans upon the security of their own stock. They are
^See also Governors Messages and Index of Legislation, 1679.
965
266 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I90S
allowed to hold so much real estate as shall be necessary for the
convenient transaction of their business and may include in the
building other offices to rent as a source of income* The bank
may invest in such a building 50% of its paid-up capital, surplus
and undivided profits. No dividend may be declared on bank
stock unless one tenth of the net profits of the bank for the dividend
period has been carried to the surplus account until such surplus
amounts to 20% of the capital stock. Receiving deposits with
intent to cheat and defraud, or with the knowledge that the bank
is insolvent, is made a felony on the part of the owners or officers
of the bank, punishable by fine of $1000 or imprisonment for two
years, or both.
Loans may be made to any one person up to 50% of the aggre-
gate capital, surplus and undivided profits, and even this very
mild limitation does not apply to the discount of bills of exchange
drawn in good faith or the discount of business paper actually
owned by the person negotiating the same.
Checks can not be certified unless the drawer has enough money
on deposit to make the check good, and violation of this provision
is a felony. Banks which designate their business as savings banks
may do a savings bank's business and also general banking busi-
ness. They may invest their fimds in United States 'bonds, in
Idaho state and municipal bonds, and in the bonds of any other
state or municipality which has not defatilted in interest on its
funded debt for three years previous to the investment being made,
and may also invest in mortgages and also in real estate and in
commercial paper, and in collateral loans.
This act applies to individuals as well as corporations, but there
is an exception for one year in favor of existing banks, whether
individual or incorporated. Private banks are not permitted to
make loans to any member of the banking firm and incorporated
banks can not make loans to any officer or employee of the bank
without the prior approval of the directors or discount committee.
Banks are required to have on hand in available fimds not less
than 15% of their demand liabilities, but one half of such reserve
may be kept in other banks. Existing banks are required to make
a statement to the Bank Commissioner within six months of the
time the act goes into effect, and to conform to the provisions of
the act within one year from the taking effect of the act. Foreign
banks doing business in the state are made subject to the pro-
visions of the act. In case of insolvency of any bank the claims
of depositors are made a first lien on all the assets (Id. '05 p. 175).
BOISOT BANKING 267
The provisions of this act are, as a whole, salutary. The weak
points undoubtedly are the large amount that a bank is allowed
to put into its building and the large amount which it may lend to
any one person.
The North Dakota statute proceeds along the same lines as the
Idaho act, but it is in several respects more conservative. In
place of a banking commissioner it creates a state banking board,
consisting of the Governor, the Secretary of State and the Attorney
General. The State Examiner is made Secretary of the board
and is charged with the duty of examining every bank at least
once a year, reporting his findings, together with any recommenda-
tions he may see fit to make, to the State Banking Board.
Any number of persons, not less than three, may organize a
bank under this act, and all that is necessary to do is to execute
and record with the Secretary of State and with the County Regis-
ter of Deeds, a statement showing the name, the place of business,
the amoimt of the capital stock and the number of shares into
which it is divided, the names and residence of the shareholders
and the period at which the bank shall commence and terminate
business. The capital stock of banks is made proportional to
the niunber of inhabitants in the place in which the bank does
business. Where the population is 1000 or less the capital stock
must be $10,000, with a population exceeding 1000 and not exceed-
ing 2000 the capital stock must be $20,000, with a population
exceeding 2000 and not exceeding 3000 the capital must be $30,000,
with a population exceeding 3000 and not exceeding 4000 a capital
of $3S,ooo, with a population of over 4000 and not exceeding 5000
the capital must be $40,000 and with a population of over 5000 the
capital must be not less than $50,000. At least 50% of the capital
stock must be paid in before the bank is authorized to begin busi-
ness, and the balance must be paid in monthly instalments of 10%.
Shareholders are individually responsible for the debts of the bank
to the extent of the face value of their stock, and such liability
continues for one year after transfer of stock. Banks are not
allowed to lend more than one half of their capital stock and sur-
plus upon real estate securities and have no right in selling such
securities to guarantee payment. They have power to own real
estate necessary for the conduct of their business, not exceeding in
value 25% of the capital stock if the capital stock is over $10,000
and not. exceeding 30% of the capital stock if the capital stock is
$10,000 or less. They can not make loans upon the security of the
shares of their own stock and can not lend to any one person,
corporation or firm more than 15% of the capital stock actually
paid in.
268 N. Y. STATE LIBRARY REVIEW OF LEGISLATION IQOS
No bank is allowed to declare a dividend without canying one
tenth of its own profits to its surplus fund until such fund amotints
to 20% of the capital stock. Each director must own at least 10
shares of the capital stock of the bank. Banks are required to
have on hand in available funds 20% of their total deposits, three
fifths of which reserve, however, may consist of balances due from
other banks or trust companies, but such banks or trust companies
must be first approved by the State Banking Board.
The provisions of the act are made compulsory, and no person
or corporation except a national bank is allowed to transact a
banking business or use the word bank, banking company or
banker in advertisements without organizing under said act and
complying with its provisions. Banks are not allowed to employ
their assets directly or indirectly in trade or commerce or to in-
vest in the stock of any corporation or in spectilations on margins
in stocks, bonds, grain, provisions or other commodities except
that they are allowed to make advances for grain or other products
in store or in transit to market. Banks are made exempt from
attachment and execution, but the penalty for failing to pay any
valid judgment or decree not stayed by appeal is to have the bank
declared insolvent by the State Banking Board and a receiver
appointed to wind up its affairs. (N. D.'os ch.165)
The Texas act is a comprehensive measiu^ authorizing the crea-
tion of banks, trust companies, surety companies and fidehty and
guaranty companies. It provides that five or more persons, a
majority of whom must be residents of Texas, may incorporate by
executing and filing with the Secretary of State articles of incor-
poration, setting out the name of the proposed corporation, the
place in which it is to be located, the amount of its capital stock,
together with a statement that the same has been actually paid in
money, the names and residences of the shareholders and directors,
and the number of years the corporation is to continue, not exceed-
ing 50 years. Banks and corporations imder this law are allowed
to receive money on deposit and pay interest thereon, to buy and
sell, exchange, lend money upon real estate and personal property
and collateral and personal securities, to buy, sell and- discount
negotiable and nonnegotiable paper of all kinds. The amotmt that
may be lent upon real estate security can not exceed 50% of the
assets of the bank. Branch banks are not allowed. The amount of
capital stock required varies according to the population of the
place where the bank is located, with a minimum of |io,ooo where
the banking town has less than 2500 inhabitants and a minimum
BOISOT BANKING 269
of $100,000 in cities having 20,000 inhabitants or more. The
directors of the bank shall be not less than 5 nor more than 25 in
ntmiber, the majority of whom must be citizens of the state and
each of whom must own at least 10 shares of the capital stock,
except that in cases where the capital stock does not exceed 1 10,000
directors are only required to own five shares. There are quite
minute provisions in regard to the conduct of the meetings of the
directors, who are required, among other things, to keep a written
record of their approval or disapproval of each loan made. No
director may borrow more than io% of the capital and surplus of
the bank without the consent of a majority of the other directors,
which must appear of record before the loan is made. No officer
of the bank, whether a director or not, can become indebted to the
bank in any simi without the consent of the board of directors as
shown by its records. Banks are required to have on hand in cash
and money due from other banks 25% of the aggregate amoimt
of their demand deposits, of which 10% must be actual cash in
bank.
Trust companies may be incorporated under this act by five or
more persons, the majority of whom are residents of Texas, by
executing and recording articles of agreement similar to those for
general banking, except that they shall also state the purpose for
which the association is formed. Such trust companies are allowed
to act as fiscal or transfer agent for any state, municipality or cor-
poration, to receive deposits of trust money, to lend money on real
or personal security, to lease, hold, purchase and convey real
property necessary for their business, to act as trustee under a
mortgage or bond issue, to accept and execute trusts from married
women, and to act as guardian of the estate of any minor, and to
accept and execute any trusts of any nature which' may be com-
mitted to them by any person, corporation or other authority.
They also have power to purchase, guarantee and sell stock, bills
of exchange, bonds, mortgages and other securities, to act as execu-
tor, administrator, guardian or trustee, to guarantee the fidelity
of persons or corporations holding places of private or public profit
or trust, to guarantee or become stirety in any bond given by any
person or corporation, and to reinsure and guarantee any person
or corporation against loss or damage by reason of any risk asstuned
by insuring the fidelity of any such person or corporation. The
capital stock of a trust company shall be not less than $50,000 nor
more than $10,000,000. The business shall be controlled by a
board of not less than 5 nor more than 25 directors who shall be
the stockholders and a majority of whom shall be bona fide citizens
Of the fttate«
270 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I90S
Savings banks may be incorporated by any five or more persons,
apparently regardless of where they live, by executing and filing
with the Secretary of State articles of association similar to those
required in the case of trust companies. The articles must also
state that the entire capital stock has been paid in. The capital
stock of any savings bank must be not less than $10,000 in cities
with a population of 50,000 inhabitants or less and not less than
$50,000 in cities of a larger size, but no savings bank can have
more than $5,000,000 capital. The entire capital stock must be
subscribed and paid in when the articles of association are filed.
Dividends can not exceed 10% a year. Savings banks are au-
thorized to receive deposits and pay interest on the ^me, and to
receive as bailee for safe-keeping and storage, jewelry, claims,
money, stocks, bonds, sectirities and other valuables, and to rent
out vaults, safes and other receptacles. Their assets may be in-
vested in bonds of the United States or of the state of Texas or of
any state which has not in five years before such investment is
made defaulted in the payment of either principal or interest, also
in municipal bonds, in first mortgage bonds of any railroad in the
state, the interest of which is sufficient to pay all operating expenses
and fixed charges, also in notes or bonds secured by first mortgage
or deed of trust on real estate worth at least twice the amoimt of
the loan, but such mortgage investments must not exceed 80% of
the total assets of the savings bank. Such banks are required to
keep at least 15% of the whole amoimt of their assets on hand or
on deposit payable on demand in any bank in the state of Texas,
or \mdeT the laws of the United States, approved by the Superin-
tendent of Banking, and having a paid-up capital of $50,000 or
more. The board of directors of a savings bank must be not less
than 5 nor more than 10 in number, who must be stockholders of
the corporation, a majority of whom must be citizens of Texas.
Savings banks may buy and own real property for the use of the
bank not to exceed in value 20% of the capital of the bank. They
can not lend money on personal securities or deal in notes or bills
of exchange, but they may make loans for their depositors, secured
by the savings bank pass book, not to exceed 50% of the amotmt
on deposit. Directors are not allowed to receive payment for
services as directors, and neither directors nor officers can borrow
money for themselves or as agent or partner of others, nor can any
director or officer be an endorser or surety for a loan made by the
bank. A director who borrows directly or indirectly any funds
of the bank, or becomes surety for money borrowed from it or who
BOISOT BANKING 271
fails to attend the regtilar meetings of the board for three successive
months without having been excused by the board, ceases to be a
director, but he is still eligible for reelection. Deposits in savings
banks may be made tmder regulations prescribed by the board of
directors, and any savings accotmt may be closed at any time upon
notice to the depositor and thereupon shall cease to draw interest.
Deposits made in the name of females or minors shall be free from
the control or lien of all persons except creditors and may be paid
to the depositor, whose receipt shall be a sufficient release and dis-
charge of the bank. If any deposit is made in trust for another
and no other notice of the existence and terms of a legal and valid
trust shall have been given in writing to the bank, then in case of
the death of the trustee, the deposit may be paid to the person for
whose benefit the deposit was made. Pass books shall be issued
to depositors and no payment shall be made tmless the pass book
is presented and payment entered therein, except in case of good
cause shown and assurance given, satisfactory to the officers of the
bank. Pass books must be verified at least once in three years.
Whenever interest at a rate of not less than 3% shall have been
paid or credited on deposits out of the net profits of the current six
months, the board of directors may, out of the remaining net earn-
ings, declare and pay a dividend on the capital stock not exceeding
the rate of io% a year, but before declaring such dividends one
tenth of the profits shall be carried to a guaranty fund until such
fund equals the amotmt of the capital stock. When the guaranty
fimd equals the capital stock, then after paying interest on the
deposits and dividends on the capital stock the directors shall
reserve from the remaining net profits a sum not to exceed one
quarter of 1% of the total deposits on such interest day, to be
known as the indemnity ftmd, until such fund shall amount to 10%
of the whole deposits. Once in every three years, if the net profits
which have accimiulated from the guaranty and indemnity funds
amoimt to i % of the deposits then remaining with the bank which
have been on deposit for at least one year next preceding, such net
profits shall be divided among the depositors whose deposits have
been made during said year in proportion to the amount of interest
which has been paid on their deposits during the preceding three
years. Directors who act as officers may receive reasonable com-
pensation for their services as officers.
The Commissioner of Agriculture, Insurance, Statistics and
History is made superintendent and inspector of all banks incoi;-
porated under this statute under the title of Superintendent of
2^2, N. Y. STATE LIBRARY REVIEW OF LEGISLATION I90S
Banking. It shall be his duty at least once in each year, either
personally or by an examiner, to visit and examine every bank,
trust company and savings bank organized under the act. He
has power to administer oaths to witnesses. Whenever he has
reason to believe that the capital stock of any bank, trust company
or savings bank is reduced below the amotmt required by law, he
shall reqxiire the bank to make good the deficiency. Whenever
it shall appear to him that a bank is doing btisiness in an unsafe
manner, he shall order a discontinuance of such practice. When-
ever it appears to him that it is unsafe or inexpedient for a bank
to. continue to transact business, he shall report the same to the
Attorney General, who shall thereupon institute such legal pro-
ceedings as the nature of the case may reqtiire. It is not lawful
for any bank or trust company to make a voltmtary general pay-
ment, and in case it finds it is in a failing condition it should place
itself in the hands of the superintendent. The board of directors
of any bank, trust company or savings bank whenever required
by the superintendent, shall furnish him a sworn statement to be
filed. in his office showing the actual condition of the affairs of the
bank upon the day designated, and such statement shall be pub-
lished in one or more newspapers published in the town, city or
county where the bank is located. Such statements shall be called
for not less than twice during each year from each bank. No
bank or trust company shall lend any individual or corporation,
directly or indirectly, a stmi exceeding 25% of its capital stock
actually paid in. No corporation organized imder the act shall
employ its money directly or indirectly in trade or commerce by
buying or selling ordinary merchandise or by owning and operating
industrial plants, but it may sell all kinds of property which may
come into its possession as security for loans or in the ordinary
collection of debts. A corporation authorized to own or control
a safety vault and to rent boxes therein may, if the rent of any box
has not been paid for two years, send a registered notice to the
renter that if the rent is not paid within 60 days the bank will
cause the box to be opened and its contents removed, but the act
does not, unless by implication, authorize the opening of such box.
If default is made in the payment of any debt or liability contracted
by any bank, trust company, surety company or savings bank,
each stockholder, as long as he owns stock therein and for la
months thereafter, shall be personally liable for the debts of the
corporation to an amotmt equal to the par value of his shares.
Executorsi administrators, guardians, trustees and pledgees of
BOISOT BANKING 2/3
stock shall not be personally subject to any liability a^s stockholders.
Corporations organized under the provision of this act which shall
deposit with the State Treasurer $50,000 of government, city, county,
municipal or other bonds, or mortgage notes or bonds, or othef
securities approved by the superintendent, may qualify and act as
guardian, curator, executor, administrator, assignee, receiver,
trustee or depository of court money, or may become guarantor
or surety on any bond required to be given by statute. Savings
banks shall report each year on or before the first day of November
to the Superintendent of Banking, showing the condition of the
bank on the first day of September preceding. Such reports shall
be verified by two principal officers of the bank and the state-
ment of assets shall be verified by the oath of at least three of the
board of directors who are reqiiired to examine the books, vouchers
and assets of the bank. The penalty for failure to furnish such
report is a fine of $100 a day for every day the report is withheld.
The superintendent shall examine every savings bank at least
once in two years? and may do so whenever he deems it necessary
or expedient. Any bank, trust company or savings bank organ-
ized tmder the general laws of the state whose capital is fully paid
may, with the consent of a majority of the stockholders, accept
the provisions of the act by filing with the Secretary of State a
certificate of the acceptance, signed by its president and secretary.
By doing this the corporation shall be deemed to have abandoned
and waived all its charter rights and to derive all its powers from
the act in question. After 90 days from the time the bill takes
effect, it is tmlawful for any corporation other than national banks
and those organized imder this act or accepting it, to use the terms
bank, banker, banking, trust, trust company ,• savings bank or
savings as part of its name or in connection with its business,
except that corporations heretofore organized and authorized by
their charters to use such names may continue to use the same by
adding to them the words ''without banking privileges." It is
the duty of private individuals and firms engaging in the banking
business to use under their business name the word "unincor-
porated.'* The penalty for any violation of either of these pro-
visions is a fine of $100 a day for every day that the offense con-
tinues. No other corporations except national banks are per-
mitted to do a banking business in Texas. All rights conferred
by the act are held subject to the right of legislation to amend,
alter or reform the same. (Tex. '05 ex. sess. ch.io)
274 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Supervision. Laws in regard to the supervision of banks and
trust companies are in the direction of increasing the efficiency
of such supervision. Thus an act has been passed in New York
('05 ch.418) requiring the directors of every bank and trust com-
pany to examine fully into its affairs in April and October of each
year and make a sworn report of such examination to the board
of directors and also to the Banking Department of the state. In
California ('05 ch.430) an act has been passed requiring the presi-
dent of every savings bank or other institution in which deposits
of money are made to report to the Bank Commissioner in January
of every odd nimibered year the amount standing to the credit of
every depositor who has not made a deposit or withdrawn any
money for a period of 10 years next preceding. The bank must
also publish such statement for four weeks. An exception is made
in the case of deposits by persons whom the president of the bank
, knows to be Hving, and those that amount to less than $50. A
similar act has also been passed by Washington ('05 ch.129), the
report in this case, however, being required to be made in Decem-
ber instead of January, and to be made by the cashier or secretary
instead of the president. In Utah the existing law requiring banks
to make reports to the Secretary of State four times a year has
been amended ('05 ch.79) so as to require such report, in addition
to the oath of the president or cashier, to be attested by at least
three directors; and in North Carolina ('05 ch.S39) it is now made
the duty of the Bank Examiner to verify the reports made by the
directors of banks. Michigan ('05 ch.88) has changed its law in
regard to examination of banks so as to require such examinations
to be made at least twice a year instead of once, as before, and
New York ('05 ch.394) now requires examinations of banks and
trust companies, other than savings banks, to be made at least
twice a year instead of once a year, as formerly. A Montana
statute ('05 ch.19) requires each bank to report to the State Exam-
iner within 10 d.ays after declaring a dividend, the amount of such
dividend and the amount of the net earnings in excess of the divi-
dend. The New York Legislature has extended the law in regard
to reports of banks so as to include trust companies ('05 ch.297),
and in Maine the Bank Examiner is now required to make the same
reports in regard to trust companies as he formerly did in regard
to savings banks ('05 ch.12). In order to make the examination
of banks more effective, Wisconsin has authorized the Commis-
sioner of Banking to employ an additional examiner ('05 ch.517)
and Pennsylvania has authorized the Commissioner of Banking
to appoint five additional exanwners ('05 ch.13).
BOISOT BANKING 275
Private banks. The prevention of frauds on the public through
the exercise of banking powers by unauthorized persons has en-
gaged the attention of the Legislatures of several states, and laws
have been enacted which, in various ways, tend to prevent the
unauthorized exercise of banking powers. Thus Maine has made
it an indictable offense for any person or corporation hereafter
organized, except those authorized under the laws of the state or
the United States, to conduct a banking or trust company busmess,
to use as a part of their name or title, or as designating their busi-
ness, the words "bank," "savings," "savings bank," "savings
department," "trust," "trust company," "banking," or "trust
and banking company" (Me. '05 ch.171). A Connecticut statute
('05 ch.209) provides that no person or corporation, except banks,
trust companies or btiilding and loan associations incorporated by
the state or by the United States, shall advertise or use a sign having
thereon any word or words indicating that such person or cor-
poration is a bank, trust company, savings bank or building and
loan association, under penalty of a fine of $1000. There is, how-
ever, an exception to this act in favor of firms or individuals doing
business as private banks or brokers imder their own name. The
California statute forbids the use of the word "trust" in connection
with any word signifying corporation to all persons and corpora-
tions other than those organized tmder the trust company act
(Cal. '05 ch.259). The West Virginia statute makes it imlawful
for any private individual or firm to use the word "bank" or "trust
company" in connection with their business until they become
incorporated tmder the banking laws of the state (W. Va. '05 ch.45).
A recent Indiana statute allows private individuals to use the
word "bank" in connection with their business if they have prop-
erty of the cash value of at least $10,000 set apart for the security
of the creditors of the bank and provided they file with the Auditor
of State a statement in regard to their bank, showing the name of
the bank, the articles of copartnership, the amount of capital, the
names of the officers and agents in charge of the bank, with a
statement that the responsibility of the individual members of the
firm is at least double the amount of capital paid in (Ind. '05 ch.109).
The Wyoming statute allowing corporations to be formed for the
purpose of dealing in real estate and furnishing abstracts of title
expressly provides that no such corporations shall receive deposits
or do any banking business ('05 ch.6o). Provisions of the laws
of Idaho, North Dakota and Texas in regard to private banking
have been already set forth in the abstract of their recent general
banking laws.
276 N. y. STATE LIBRARY REVIEW OF LEGISLATION I905
Trust companies. South Dakota has passed an act for the
organization and government of trust companies. It provides that
five or more persons, one third of whom must be residents of the
state, may organize a trust company by filing articles of incorpora-
tion with the county register of deeds and also with the Secretary
of State. Such companies have power to act as assignee, trustee,
guardian, receiver, conservator, mortgage trustee, and, in general,
to accept and execute any and all lawful trusts. They also have
power to deal in stocks, bills of exchange, bonds and mortgages,
to lend money and to deal in real estate (with the condition that
not more than half of the capital stock paid in shall be invested in
real estate) and also to receive money on deposit subject to check.
Each trust company must have at least five directors, a majority
of whom must reside in the state, and each director must
own at least five shares of the capital stock. The smallest
amount of capital allowed is $25,000 in towns containing
10,000 inhabitants or tmder, while in cities containing
over 25,000 inhabitants the minimum capital is $100,000.
Stockholders are individually liable for the debts of the insti-
tution in an amount equal to twice the par value of the capital stock
held by them. Before the directors of any trust company can
declare any dividend, they must pass 10% of the net profits on
hand to a surplus fimd imtil such fimd amoimts to 30% of the
capital stock. Before accepting any trust, a trust company must
execute a bond in a penal sum equal to the amount of the capital
stock, conditioned to secure creditors against loss under all trusts
undertaken by it to be signed by at least three sureties and ap-
proved by and filed with the Secretary of State. Such bond, how-
ever, may be signed by a surety company instead of individtial sure-
ties. This provision takes the place of the ordinary provision re-
quiring such companies to deposit securities with some state auditor,
and would not seem to be as efficient. Trust companies are forbidden
to make loans on the security of their own stock and can not lend
to any one person, firm or corporation more than 15% of their
combined capital stock and surplus. This restriction, however,
does not apply to first mortgage loans on real estate worth twice
the mortgage indebtedness. Trust companies are required to
keep trust funds and property separate from other funds or property
in their hands and are entitled to compensation not exceeding that
allowed to any person for similar services. They are required
to have on hand in cash or on deposit in solvent banks an amoimt
equal to 10% of their time deposits and 25% of their demand
BOISOT BANKING 277
deposits. The State Public Examiner is given charge of all corpora-
tions organized tinder the act and they are required to report to
him not less than four times each year. He is also required to
examine such institutions at least once each year. Corporations
previously organized with power to accept trusts are allowed to
avail themselves of the privileges given by the act by complying
with its reqtiirements and amending their articles of incorporation
so as to conform thereto. (S. D. '05 ch.74)
Investment companies. The Legislature of Minnesota has passed
an act authorizing the formation of corporations to deal in farm
mortgages and issue debentures secured thereby. Such corpora-
tions are required to have a paid-up capital of at least $100,000
and are placed under the charge of the Public Examiner in much
the same way as banks. They are only allowed to take mortgages
which are first liens upon land in actual use for farming purposes.
Each farm must be worth at least twice the amoimt of the mortgage
on it and a major portion of the land must be tillable. Such
corporations are not allowed to incur debt except upon their
debentures and for the ordinary expenses of business. They can
not make loans to any oflficer, director, stockholder or employee.
The debentures may be issued in series of not less than $10,000 each
and as security for the total amount of any given series of deben-
tures there must be set apart mortgages aggregating 10% more
than the total amount of the debentures. They are required to
record in the oflfice of the register of deeds in each county in which
the mortgage is recorded, an instrument of transfer which has the
effect to assign such mortgage to the corporation as trustee for the
benefit of the holders of such debentures. The debentures are
declared to be lawful investments for trust companies and insur-
ance companies. (Minn. '05 ch.93)
A California statute allows the creation of investment companies
for the purpose of selling bonds or debentures on the instalment
plan. Such companies are reqtiired to deposit with the State
Treasurer $5000 in cash or in securities to be approved by him.
They are required to set aside at least 40% of every partial payment
as a reserved fimd, to be invested by the Board of Directors for
the benefit of the debenture holders. (Cal. '05 ch.163)
A Montana law authorizes the incorporation of endowment and
investment companies with a capital stock of not less than $100,000
and not more than $5,000,000. Such corporations are authorized
to invest their assets in good securities and keep them so invested.
The purposes for which such companies are organized are to receive
278 N. Y. STATE UBRARY REVIEW OF LEGISLATION I905
money in trust and acctimtilate the same and sell their contracts
or certificates of indebtedness, also to buy and sell bonds, stocks
and commercial paper, and to receive and hold money on deposit.
They are required to file an annual statement with the Auditor of
State on or before the first day of March in each year. (Mon. '05
ch.ioo)
Wisconsin has passed a law forbidding the carrying on of invest-
ment companies except where the company has compUed with all
the provisions of law required of foreign building and loan associa-
tions. (Wis. '05 ch.219)
Regulation. Various minor provisions in regard to the regula-
tion of the banking business have been enacted by the Legislatures
of different states. Thus one New York statute makes it a mis-
demeanor for any officer, director or clerk of any bank or trust
company to receive any commissions or gratuity for procuring for
any person a loan from such bank or for permitting him to over-
draw his account (N. Y. '05 ch.248). Another New York statute
provides that the total liability of any person, corporation or firm
to a bank shall not exceed 40% of the actual paid-in capital and
surplus of such bank. The same act also provides that loans or
discounts to any one person, corporation or firm exceeding one
tenth of the capital and surplus of the bank must be seciu^d by
collateral security worth at least 15% more than the amount of
the loan (N. Y. '05 ch.456). An amendment to the banking law
of Georgia provides that a loan to an officer of a bank exceeding
10% of the capital stock of the bank shall not be made unless
approved in writing by a majority of the directors (Ga. '05 p. 74).
Another Georgia act creates liens against banks in favor of persons
who hold the bank's receipt for paper sent to the bank for collection
(Ga. '05 p. 100). A Teimessee statute makes it a felony for the
president, cashier or other person having control of a bank to
receive deposits when he knows or has good reason to believe
the bank insolvent, if the deposit is lost through the insolvency
of the bank (Tenn. '05 ch.19). Apparently this law would only
apply in case the loss was a total one, and this would seem to be
a very serious weakness in the law. A statute of South Dakota
relieves banks from liability on payment of any forged or raised
check, \mless the depositor notifies the bank of such forgery within
three months after his receipt of the check (S. D. '05 ch.s6).
Foreign banks. Some of the Western States have enacted laws
in regard to foreign banks. Thus it is provided in Washington
('05 ch.31) that foreign banks noay keep an office in the state for
BOISOT BANKING 279
the ptirpose of lending money and bujring and selling exchange,
but can not receive deposits. The act, however, does not apply
to foreign banks which were engaged in doing a banking business
in the state on January i, 1905. The act also reqtiires foreign
banks to maintain at their Washington office a capital not less
than that required by the National Banking Act for the organi25a-
tion of a national bank at the place where such foreign bank has
an office. Such banks are forbidden to advertise on their station-
ery or otherwise any larger capital, surplus and undivided profits
than the amount actually maintained within the state. A penalty
of $1000 fine is imposed for any violation of the act. The act
includes not only banks organized imder the laws of another state
but also any corporation or association of which the members
owning a majority interest are nonresidents, and also nonresident
private bankers. A Montana statute (*os ch.104) forbids all
foreign corporations and joint stock banks, other than national
banks, to do any banking business in the state, except as provided
in the act. Such foreign banks are authorized to establish branch
banks within the state on condition that they put into the treasury
of such branch bank a sum equal to the capital stock required for
a national bank at the same place and obtain a certificate from
the State Auditor that they have done so. Such certificate must
be obtained yearly. A branch bank doing business under the act
is required to have on hand in money at least 10% of its deposits,
and it is provided that whenever such reserve is less than 20% of
the deposits, it can make no new loans or discoimts except the
purchase of bills of exchange payable at sight. Such banks are
reqtiired to make reports to the State Examiner when called for at
least five times a year. They are not allowed to lend any person,
corporation or firm more than one tenth of the capital stock actually
paid in and in use in such branch bank. The State Examiner is
reqtiired at least once a year to make an examination of all such
branch banks. They are not allowed to make use of any stationery
which states that they have a greater amoimt ot capital than the
actual capital of the branch bank, or to set forth any such claim
in any other way. The capital of such branch banks is not to be
liable for the redemption of any circulating notes or bills of the
bank, except those arising out of the business of the branch.
Savings banks. A Connecticut act ('05 ch.156) allows savings
banks located in any one town to consoUdate into a single bank by
agreement of their respective trustees. Any person injured thereby
may file a written protest with the Bank Conmiissioners, who are
28o N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
given power to pass thereon and to determine whether the con-
solidation shall take place. The consoUdation takes effect when the
agreement bearing the approval of the Bank Commissioners is filed
in the office of the Secretary of State. A New Hampshire statute
allows a savings bank, when a deposit book is alleged to be lost
or destroyed, to require the depositor to advertise such loss or
destruction for three weeks, and then if no other person makes
claim to the book within three months after the last publication,
the bank may issue a duplicate book to the depositor and shall not
be liable thereafter on account of the original book (N. H. '05 ch.45).
A statute almost identically the same has been passed by Vermont
('04 ch.ioo).
Building and loan associations. A general law for the incor-
poration and regulation of building and loan associations has been
passed in North Carolina ('05 ch.435). It allows the organization
of such associations and puts them in charge of the Insvirance
Commissioner. The act contains full provisions in regard to the
powers of such associations, the rights of their members and the
regulation of the associations by the Insurance Commissioner. It
also provides for the regulation of foreign associations and their
supervision by the Insurance Commissioner. An act of California
creates a "Bureau of Building and Loan Supervision" with powers
of supervision, examination and Ucense of all building and loan
associations ('05 ch.so4), and a New Jersey act provides that the
Court of Chancery shall have f till jurisdiction of all matters arising
out of the Uquidation of building and loan associations (N. J. '05
ch.142). An Oklahoma statute ('05 ch. 10 art. 5) provides that
all foreign building and loan associations transacting business in the
territory must first secure a certificate of authority from the Bank
Examiner and deposit with him a bond in the sum of $10,000,
together with a certified copy of its charter. The Bank Examiner
is vested with visitorial powers over such associations, and a penalty
of $5000 is imposed upon associations doing business without con-
forming to the provisions of the act. The North Dakota law in
regard to building and loan associations^ has been amended so as to
require such associations to be examined by the State Examiner
twice each year, instead of annually as before (N. D. '05 ch.59).
On the other hand, Wisconsin now requires such examinations to be
made only once in two years instead of annually (Wis. '05 ch.358).
A California statute allows stockholders to withdraw from such
associations on giving 30 days' notice, and requires such with-
BOISOT BANKING 281
drawals to be paid in succession in the orckr in which the notices
are given (Cal. '05 ch.s6s). A New York statute allows building
and loan associations to issue juvenile savings shares, the maturity
value not exceeding $50, to minors, who can hold the same free
from the control of other persons (N. Y. '05 ch.604). A South
Dakota statute allows building and loan associations that have
over $50,000 of assets to issue guaranty or permanent stock
for which the full par value shall be paid at the time of issue
or in such instalments as may be provided by the bylaws ('05 ch.62).
A Nevada statute requires all foreign building and loan associa-
tions to pay an annual license of $100 and gives the Insurance
Commissioner power to examine into their business (Nev. '05 ch.73).
A New Jersey act allows building and loan associations to invest
not more than s% of their assets in land and buildings for the
purpose of providing offices for the use of the association (N. J.
'05 ch.22i).
Pawnbrokers. California has adopted an act (*os ch.550) for
the incorporation of companies for the purpose of lending money
on personal property, which corporations must have capital stock
of $50,000 or more actually paid in, and must obtain a license from
the Board of Bank Commissioners. They are forbidden, however,
to engage in the banking business. They are required to give a
bond equal to one twentieth of their capital stock conditioned for
the faithful performance of the duties and obUgations of their
business. They can not make loans in excess of $300 to any one
person, and they are allowed to charge 1^% a month interest.
They may also make a charge of i% a month for storage and
insurance. In case of loss by fire or theft they are not liable except
for the amount of the loan and 25% thereof in addition. The act
contains provisions in regard to the sale of property pledged to
such corporations; and they are not allowed to pay dividends in
excess of 6% a year on the capital stock. A Delaware act requires
pawnbrokers to obtain a certificate of authority from the clerk of
the peace of New Castle county, and allows persons holding such
certificates to make loans on personal property not exceeding $100
and to charge as interest, in addition to the legal rate, an additional
5% a year (Del. '05 ch.149). A Connecticut statute ('05 ch.235)
requires all pawnbrokers to be licensed by the selectmen of a town
or the chief of police of a city, and requires such pawnbrokers to
keep a record of all pledges and loans, which record shall be subject
to examination at all times by the town authorities. Pawnbrokers
282 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
are allowed to charge at the rate of 5% a month for loans of $15
or tinder, 3% a month for loans between $15 and $50, and 2% a
month for loans exceeding $50. In this connection we might refer
to the act of Tennessee which requires all persons making loans
on security of wages or salaries to file a bond and obtain a
license before carrying on the business, and forbids their charging
more than 6% a year (Tenn. '05 ch.109).
New York State Education Department
New York State Library
REVIEW OP LEGISLATION 1 905 LEGISLATION BULLETIN app
INSURANCE*
S. HUEBNER PH.D., INSTRUCTOR IN INSURANCE AND COMMERCE,
UNIVERSITY OP PENNSYLVANIA
Few branches of industry are characterized by such a multitude
of new state laws and amendments to existing laws as the insurance
business. The year 1905 offers no exception in this respect, since
the Legislatures of the various states have enacted during the year
no less than 169 acts covering a great variety of subjects and dis-
tributed as follows: Wisconsin 30; California 12; Michigan 11;
Nebraska and New York 9 each; Vermont, Minnesota and South
Dakota 8 each ; Connecticut 7 ; Maine and Illinois 6 ; Delaware 5 ;
Kansas, North Carolina, Teimessee, Georgia, Indiana and North
Dakota 4 each; Idaho, Minnesota, Massachusetts, Washington and
Texas 3 each; Florida, Montana and Utah 3 each; New Mexico,
West Virginia and Pennsylvania 2 each; New Hampshire and
New Jersey i each.
To consider all these acts in detail would be next to impossible
in a paper of this kind, and an attempt will therefore be made to
trace only the most important legislation. The less important
laws will be grouped under proper subheads and references will be
cited to enable the reader to obtain further information. It may
be stated at the outset that the legislation of 1905 is not exceptional
in any important respect, and that it contains httle that is of real
wide-reaching importance as regards the organization and conduct
of the insurance business.
State insurance departments: organization and supervision of in-
surance companies. In one state and one territory' the governors
recommended the creation of the office of insurance commissioner,
but in only one case, namely New Mexico, did the recommenda-
tion result in the passage of a law. I'he act ('05 ch.5) entitled **an
*See also Governors Messages and Index of Legislation, 1732.
*West Virginia (White, March 4, 1905, p. 5); West Virginia (Dawson, March 4,
190S1 p.5); and New Mexico (Otero, January 16, 1905, p.i8).
283
384 N. y. STATE imSLAMY REVIEW OF LEGISLATION I905
act to establish an insurance department in the Territory of New
Mexico and to regulate insurance companies doing business therein"
creates an insurance commissioner, appointed by the Governor, and
holding office for two years. Whenever he deems it advisable
this commissioner may visit and examine any insurance company
applying for admission or already admitted to do business by
agencies in the territory. He may compel the production of records,
and may summon witnesses and administer oaths, and examine
the directors, officers, agents and trustees of any company in the
territory. No company nmy do business in the territory without
his permission, and he may revoke its license if in his opinion the
company is in an unsotmd condition financially. The law also out-
lines in detail the financial statement which companies must
submit annually, and fixes a tax of 2% on the gross amotmt of
premiums received or written in the territory during the year,
together with numerous fees for filing articles of incorporation,
annual statements and the Uke.
Among the other laws pertaining to state insurance departments
may be mentioned the law of Minnesota ('05 ch.229) providing
for the continuation of the Department of Insurance and regulating
the compensation and fees of the Commissioner; the law of Penn-
sylvania ('05 ch.241) fixing the salary of the Deputy Commissioner;
the law of Wisconsin (amdg. S.'qS §1967) requiring the Insurance
Commissioner to give a bond of $100,000 with six sureties or a
surety company; and the law of Vermont ('04 ch.ioi) defining
the duties of the Insurance Commissioners.
Three states, California ('05 ch.349, 353), Minnesota ('65 ch.235)
and South Dakota ('05 ch.125), passed laws for the organ-
ization and regulation of insurance companies, the Cah-
fomia statutes covering assessment associations granting life,
health or accident insurance, and the Minnesota and South
Dakota statutes applying to life insurance companies on the fixed
premium plan. In a number of other states, Wisconsin ('05 ch.451),
Minnesota ('05 ch.248), Nebraska ('05 ch.36) and South Dakota
(*o5 ch.130), laws were enacted to enable the public to know more
readily the financial condition of insurance companies. In all
these states the companies are reqtiired to send to the Insurance
Department an annual financial statement the summary of which,
or the approval of which by the Insurance Commissioner, must be
published in some official or other paper which in the commissioner's
judgment will reach the greatest number of readers.
HUEBNER INSURANCE 285
Taxes and fees. The laws enacted during the year relating to
taxes and fees paid by insurance companies or their agents have
been exceedingly ntimerous. But most of the legislation consisted,
in the main, of amendments to existing laws, and are not sufficiently
important to call for an extended notice . * Mention should be made ,
however, of the dissatisfaction with the fee and tax systems pre-
vailing in several states, as expressed in the governors' messages.
Governor Johnson of Minnesota ('05 Jan. 4, p. 21) doubts the
propriety of the law permitting the Insurance Commissioner to
collect the fees, and suggests that the work of valuing policies
should be performed 6y the Commissioner, and that the fees
received for this work should properly go to the state rather than
to the individtial. Governor Herreid of South Dakota ('05 Jan. 3,
p.31) recommends the abolition of the existing fee system for the
examination of insurance companies, since, in his opinion, "nothing
but the honesty of the Commissioner now prevents such examina-
tion of 119 companies once or twice a year, by which the office
could be made to yield a revenue of at least $10,000 a year. The
actual expense of public officials (as well as salaries) should be paid
out of the state's treasury, and all proper charges for bona fide
examinations should be paid to the State Treasurer." In Wiscon-
sin, Governor La Follette ('05 Jan. 12, p. 17-20) expresses dissatis-
faction with the existing law, which taxes domestic life insurance
companies 3% on the gross premiums collected in the state, while
charging foreign companies a license fee of $300. It is declared
to be very imjust that the domestic companies, which carry only
35% of the total outstanding insurance, as contrasted with 65%
for foreign life insurance companies, should, nevertheless, con-
tribute 84% of the total life insurance taxes paid to the state. .
Investment of insurance funds. Although eight laws' were passed
during 1905 relating to the investment of the fimds of insurance
companies, these laws are in most instances only amendments to
existing laws, or, if new laws, do not differ in any striking degree
from the laws on this subject as fotmd in numerous other states of
the Union. Generally speaking the laws limit instirance companies
in the investment of their funds to bonds of the United States;
»The 1
payment
sin (*oS <
Carolina ^ _ ^
Texas ('05 ch.So).
'Caliiomia (*o5 ch.27, 39); Indiana Cos ch.ioS, 128); Michigan ('05
ch.iss); North Dakota ('05 ch.i22); Idaho ('05 p.255 §6); Wisconsin ('05
ch.263).
284 K. y. STATE LBRA&Y REVIEW OF LEGISLATION I905
act to establish an insurance department in the Territory of New
Mexico and to regulate insurance companies doing business therein"
creates an insurance commissioner, appointed by the Governor, and
holding oflBice for two years. Whenever he deems it advisable
this commissioner may visit and examiae any insurance company
applying for admission or already admitted to do business by
agencies in the territory. He may compel the production of records,
and may summon witnesses and administer oaths, and examine
the directors, officers, agents and trustees of any company in the
territory. No company may do biisiness in the territory without
his permission, and he may revoke its license if in his opinion the
company is in an unsoimd condition financially. The law also out-
lines in detail the financial statement which companies must
submit annually, and fixes a tax of 2% on the gross amount of
premitmis received or written in the territory during the year,
together with numerous fees for filing articles of incorporation,
anntial statements and the like.
Among the other laws pertaining to state insurance departments
may be mentioned the law of Minnesota ('05 ch.329) providing
for the continuation of the Department of Insurance and regulating
the compensation and fees of the Commissioner; the law erf Penn-
sylvania ('05 ch.241) fixing the salary of the Deputy Commissioner;
the law of Wisconsin (amdg. S.'qS §1967) requiring the Instirance
Commissioner to give a bond of $100,000 with six sureties or a
surety company; and the law of Vermont ('04 ch.ioi) defining
the duties of the InSuilance Commissioners.
Three states, California ('05 ch.349, 353), Minnesota ('65 ch.235)
and South Dakota ('05 ch.125), passed laws for the organ-
ization and regulation of insurance companies, the Cali-
fornia statutes covering assessment associations granting life,
health or accident insurance, and the Minnesota and South
Dakota statutes applying to life insurance companies on the fixed
premium plan. In a number of other states, Wisconsin ('05 ch.451),
Minnesota ('05 ch.248), Nebraska ('05 ch.36) and South Dakota
(*o5 ch.130), laws were enacted to enable the public to know more
readily the financial condition of insurance companies. In all
these states the companies are required to send to the Insurance
Department an annual financial statement the summary of which,
or the approval of which by the Insxirance Commissioner, must be
published in some official or other paper which in the commissioner's
judgment will reach the greatest number of readers.
HUEBNER INSURANCE 285
Taxes and fees. The laws enacted during the year relating to
taxes and fees paid by insurance companies or their agents have
been exceedingly ntimerous. But most of the legislation consisted,
in the main.of amendments to existing laws, and are not sufficiently
important to call for an extended notice.* Mention should be made,
however, of the dissatisfaction with the fee and tax systems pre-
vailing in several states, as expressed in the governors' messages.
Governor Johnson of Minnesota ('05 Jan. 4, p.21) doubts the
propriety of the law permitting the Insurance Commissioner to
collect the fees, and suggests that the work of valuing policies
should be performed 6y the Conmiissioner, and that the fees
received for this work should properly go to the state rather than
to the individual. Governor Herreid of South Dakota ('05 Jan. 3,
p.31) recommends the abolition of the existing fee system for the
examination of insurance companies, since, in his opinion, "nothing
but the honesty of the Commissioner now prevents such examina-
tion of 119 companies once or twice a year, by which the office
could be made to yield a revenue of at least $10,000 a year. The
acttial expense of public officials (as well as salaries) should be paid
out of the state's treasury, and all proper charges for bona fide
examinations should be paid to the State Treasurer." In Wiscon-
sin, Governor La Follette ('05 Jan. 12, p. 17-20) expresses dissatis-
faction with the existing law, which taxes domestic life insurance
companies 3% on the gross premiums collected in the state, while
charging foreign companies a license fee of $300. It is declared
to be very unjust that the domestic companies, which carry only
35% of the total outstanding insurance, as contrasted with 65%
for foreign life insurance companies, should, nevertheless, con-
tribute 84% of the total life insurance taxes paid to the state. .
Investment of insurance funds. Although eight laws'were passed
during 1905 relating to the investment of the fimds of insurance
companies, these laws are in most instances only amendments to
existing laws, or, if new laws, do not differ in any striking degree
from the laws on this subject as f o\md in numerous other states of
the Union. Generally speaking the laws limit insurance companies
in the investment of their funds to bonds of the United States;
'California ('oS ch.27, 39); Indiana Cos ch.ioS, 128); Michigan ('oS
ch.z55); North Dakota ('05 ch.122); Idaho ('05 p.2SS §6); Wisconsin ('05
ch.263).
286 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
bonds of any state of the United States, county or province in
which the company is transacting business, if at or above par;
bonds and mortgages on real estate in any state or county in which
the company is doing business, worth at least double (or some other
percentage in certain states) the amoimt loaned thereon ; honds or
other evidence of indebtedness, bearing interest, of any coimty,
city, town or school district within any state in which the company
does business, where such bonds or evidences of indebtedness are
lawfully issued and upon which interest has never defaulted; or
bonds, stocks or other evidences of indebtedness of any solvent
dividend-paying institution. Certain exceptions to the above
enumeration of investments exist, however, such as the statute of
California ('05 ch.39) which provides that insurance companies may
loan money upon merchandise or cereals in warehouses not to
exceed 75 % of the value of the security.
Distribution of the surplus. A Califomia act ('05 ch.42i) pro-
hibits any life insurance company from declaring any dividend
except from profits which remain after having on hand unimpaired
the entire capital stock of the company, a stun sufficient to meet all
losses reported or in course of settlement, and all liabilities for
expenses and taxes, as well as a reinsurance reserve computed upon
the basis of the American experience table of mortality and interest
at the rate of 4^%.
In Wisconsin the Legislature passed a law in 187 1 according to
which '* Every life insurance corporation doing business in this
state, upon the principle of mutual insurance, or the members of
which are entitled to a share in the surplus ftmds thereof, may make
distribution of such surplus annually or once in two, three, four or
five years, as the directors thereof may determine. In determining
the amoiint of the surplus to be distributed there shall be reserved
an amotmt not less than the aggregate net value of all outstanding
policies, said value to be computed by the American experience
table of mortality, with interest not exceeding 4^%" (S. '98 §1952).
The language of this act, however, was held by the Supreme Court
of the state to be permissive only. Consequently the Legislature
provided that ('05 ch.448) "nothing in this section shall be con-
strued to hereafter permit any such corporation to defer the dis-
tribution, apportionment or accounting of surplus to policyholders
for a longer period than five years ; and on all policies, hereafter
outstanding, under the conditions of which the actual distribution
is provided for at a definite or fixed period, the apportioned surplus
shall be carried as a liability to the class of policies on which the
same was accumulated."
HUEBNER INSURANCE 287
Discrimination in life insurance rates. With reference to dis-
crimination in rates by life instirance companies, two states, Idaho
C05 p.2SS §19) and Washington ('05 ch.178) have seen fit to enact
statutes. Both states provide against discrimination by life'insur-
ance companies in favor of individuals of the same occupation
and expectation of life, either in the premium charged or in the
return premium, dividends or otherwise. Rebating is strictly pro-
hibited on the part of the agent or the instired. Any violation
of this statute is deemed a misdemeanor, punishable by a fine of
not more than $300 ($500 in Michigan) or imprisonment not ex-
ceeding six months; and any corporation issuing policies in viola-
tion of this law shall forfeit its right to transact business in the
state.
Fraternal beneficiary societies. In probably no branch of under-
writing is there at present such a lack of uniformity and such in-
completeness in state legislation as in fraternal insurance. At a
recent date, in nearly one half of the states of the Union little or no
legislation governing fratemals existed, and in very few states
indeed may the statutes affecting this branch of insurance be re-
garded as even reasonably complete. In view of this state of affairs,
and in view of the work which has been done in recent years by the
National Fraternal Congress, one might reasonably have expected
the enactment of important legislation. In this respect, however,
the year 1905 is disappointing, since few laws of importance were
passed.
Of the numerous acts affecting fraternal societies which were
passed dtiring the year, four* deserve mention as providing for the
organization and supervision of such societies along lines usually
fotmd in the laws of other states. The law of Tennessee ('05 ch.
480) deserves special mention in that it prohibits any fraternal
beneficiary association from doing business in the state, "which
associates with or seeks to associate with, as members of the same
lodge, order, fraternity, society or association, the white and
colored races with the objects and purposes provided in this act."
The law is also important in providing that no association shall be
given a license which collects assessments or payments from its
members which are lower than those required by the Fraternal
Congress Mortality Table of 1900, with interest at 4% a year.
It is provided, however, that this section is not to apply to fraternal
beneficiary associations organized prior to January i, 1885.
Illinois ('oS p.291); Maine ('05 ch.28); Michigan ('05 ch.3); Tennessee
('05 ch.480).
288 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
According to the above laws, it seems to be the tendency to
bring fraternal societies tinder the direct supervision of the Insur-
ance Commissioner, and to enable him to investigate the financial
standing of any association, and to revoke its license whenever he
is satisfied that it has exceeded its powers, or has failed to comply
with the law, or is conducting a fraudulent business. The great
weakness of fraternal instirance in the past has been the insuffi-
ciency of the rates charged the. policy holders; and while much is
being done by the fraternal societies themselves to better their con-
dition, it is gratifying to see that at least some of the states are
passing laws to improve the supervision of such societies and to
place their rates upon a more stable basis. In harmony with this
tendency Governor Van Sant of Minnesota ('05 Jan. 4, p.20) recom-
mended the passage of laws making fraternal societies absolutely
safe by requiring the accumulation of a reasonable reserve. Gov-
ernor Toole of Montana likewise recommended the pladng of all
fraternal insurance societies doing business in the state under
state supervision. In this connection it remains to be noted that
Michigan ('05 ch.34) passed an act requiring such associations to
maintain a reserve or emergency fimd of at least $2000 to be de-
posited with the State Treasurer. But wherever the assessments
or premitims received into the home office of the society exceed
$25,000 and do not exceed $50,000, this emergency fund shall be
increased to $3000, while in case the payments to the society in the
form of assessments or premituns exceed $50,000 the fund shall be
increased to $5000.
Accident and sickness insurance. Under this heading two
statutes should be mentioned as the most important for 1905, viz,
those of Texas ('05 ch.125) and Florida ('05 ch.88). The statute
of Texas makes it obligatory upon all assessment societies to place
upon all certificates in red letters the following words: "The pay-
ment of the benefit herein provided for is conditioned upon its
being collected by this company from assessments or other sources,
as provided by the bylaws." Permission is also granted to such
societies to create a reserve fund for the payment of death losses;
and provision is made that "at least 60% of all amoimts realized
from assessments shall be used only for the payment of losses as
they occur, or the balance thereof remaining after paying such
losses transferred to such reserve fund; provided, however, that no
part of such reserve fund shall be invested except by order of the
board of directors in property or securities approved by such
board."
^ HUBBNER INSURANCE 289
Florida provides in its statute for the organization and super-
vision of health instu-ance companies. Sick and funeral benefits
are defined, the policy is Hmited to $100, and the company must
have a capital of $10,000. A certificate of authority must be
obtained from the State Treastirer in order to begin business; and
before commencing business and each year thereafter the company
must submit a statement of its financial condition setting forth the
amount of its capital stock, an itemized accoimt of its assets and
liabilities, a full statement of its adjusted and tmadjusted losses,
as well as a statement of its total receipts and the greatest amount
held in any one risk.
Fire insurance. As regards the fire insiu-ance business legisla-
tion has been confined almost altogether to the enactment of a
standard form of policy, the computation of the reinsiirance re-
serve and the surplus, the limitation of the risk assimied, and the
attachment of the application to the policy.
In two states, Michigan and South Dakota, the existing standard
policy was declared null and void by the Supreme Cotirt, thus
necessitating the adoption of a new policy form. In Michigan an
act of 1881 (ch.149) empowered a commission, created for that
purpose, to draft a standard form of policy to be used in the state
to the exclusion of all other policies, and also made this commission
a body having continuous existence with power to alter and amend
the policy form whenever it deemed it necessary. This act the
Supreme Court (King v. Concordia Fire Insurance Co. 103 N. W.
616 ) declared unconstitutional, holding that the power conferred
on the commission was legislative, while according to article 4,
section i of the state Constitution, the Legislature has no power
to delegate its authority, since all legislative power is vested in the
Senate and House of Representatives. In pursuance of this de-
cision the Legislatiu-e of Michigan ('05 ch.277) provided for the
repeal of the old act and the adoption and use of a new standard
form of fire insurance policy, corresponding to the so called New
York Standard Policy, now in use in most states of the Union.
In South Dakota the existing standard policy was also declared
illegal for a reason similar to that in Michigan. The Revised Civil
Code, § 664, provided that the State Insurance Commissioner
should keep on file in his office printed forms, in blank, of a standard
contract of fire insurance as nearly Uke the New York Standard
Policy as possible. This act the Supreme Court (Phoenix Insur-
ance Co. of Brooklyn N. Y., et al, v. Perkins, Commissioner of
Insurance, loi N. W. mo) declared repugnant to article 3, section
290 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I90S
17 of the state Constitution because it delegated to the Commis-
sioner of Insurance power to prescribe the form of policy to be
used, while the Constitution requires every bill to be read three
times so that the lawmakers may become acquainted with proposed
legislation. To meet the objections of this decision, South Dakota
passed an act ('05 ch.126) prescribing a standard form of fire insur-
ance policy as the only one to be used in the state, subject, however,
to the addition of certain specified clauses. This policy, though
containing the essential features of the New York standard form,
is nevertheless, it should be noted, quite different in wording and
arrangement.
Among the other laws affecting the fire insurance business the
following should be mentioned as the most important:
1 Those referring to the computation of the reserve. In Con-
necticut ('05 ch.9), following the practice of most states of the
Union, the amount required to reinsure all fire risks in force is com-
puted at 50% of the gross amount of fire premiums on policies
running one year or less from the date of the policy, and a pro rata
amount of all premitmis on poUcies nmning more than one year.
In New York ('05 ch.566) provision was made that every individual
or partnership or association of individuals known as Lloyds should
maintain a reserve computed in a manner quite similar to that
employed in other states. California ('05 ch.327) enacted a law
providing for the dissolution of companies imder certain conditions.
Whenever the liabilities of any instirer "for losses, expenses, taxes
and reinsurance, estimated at 50% of the premiums received and
receivable, would so far impair the capital stock paid in as to reduce
the same below $200,000 or below 75 % of said capital stock paid
in, such insiu-er is insolvent."
2 The law of New York ('05 ch.251) estimating the surplus profit
of a fire insurance corporation to be used for declaring a dividend
on its capital stock. Before declaring such dividend "there shall
be reserved from the profits a sum equal to the amotmt of all
unearned premiums on unexpired risks and policies, and all sums
due the corporation on bonds and mortgages, bonds, stock and book
accoimts, of which no part of the principal or interest thereon has
been paid during the last year, and for which foreclosure or suit
has not been commenced for collection." No corporation, however,
can declare a dividend exceeding 10% on its capital stock in any
one year, subject to a forfeiture of the charter and ptmishment of the
recipient of the dividend, unless, in addition to the amount of its
capital stock, the dividend, all outstanding liabilities and the amount
HUEBNER INSURANCE 29I
of all unearned premiums on unexpired risks and policies as afore-
said, it shall have surplus profits equaling 30% of its unearned
premiums.
3 The law of Wisconsin ('05 ch.51) providing that all fire in-
surance corporations, except mutual corporations, shall, on issuing
or renewing policies, attach thereto or indorse thereon any applica-
tion made a part of the policy or affecting its validity. While
omission to do this will not invalidate the policy, it will preclude
the company from pleading or proving misrepresentation in the
application as an excuse for nonpayment of the claim.
4 The law of Florida ('05 ch. 87) providing that in case of total
loss or destruction of personal property where the appraised or
agreed loss is less than the total amount insured, the company
shall return the unearned premium for the excess insurance over
the loss.
5 The laws of California ('05 ch.420) and Texas ('05 ch.8o)
restricting fire and marine insurance companies from taking any
one risk exceeding 10% of the capital stock without at once rein-
suring the excess above one tenth in some solvent company.
6 The law of California ('05 ch.458) which provides that where
a mortgagor of property effects insurance in his own name but
makes it payable to the mortgagee, any act of his which would
otherwise avoid the insurance will continue to have the same effect
under this act although the property is in the possession of the
mortgagee. Provision is made, however, that "any act which
under the contract of insurance is to be performed by the mortgagor,
may be performed by the mortgagee, with the same effect as if it
had been performed by the mortgagor.'*
TiuTiing to the recommendations in the governors' messages in
the various states for 1905 we find that they have reference almost
entirely to unjust rates and to alleged combinations of insurance
companies. Governor Hoch of Kansas calls attention to the
alleged evasion of the laws of 1889 ^^^ 1901 passed for the purpose
of preventing combinations in the insurance business, and states
that the old rates have been restored imder some other name. In
Arkansas Governor Davis asserts his belief that every old-line
company is **in a trust and would be stamped out of existence if
the King anti-trust bill were to pass," and which he "sincerely
trusts will pass, unless they should quit their relations." Likewise
in Tennessee Governor Frazier, and in Minnesota Governor Van
Sant deprecate the high rates, declaring them to be higher than in
other states; while the Governor of South Dakota praises the
"anti-compact" and "valued policy" laws of the state (although
292 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
regarded by tinderwriters as injurious to the insurance business and
to the public) as bringing about greater care on the part of the
insurance companies in the selection of risks, as well as the eUmina-
tion of overvaluation of buildings and the diminution of criminal
intent in securing insurance.
Cotmty and township companies. In North Dakota ('05 ch.121)
not less than 50 persons residing in not more than 10 adjoining
coimties of the state and collectively owning property of not less
than $100,000 in value, which it is desired to insure, may organize
county mutual insurance companies insuring against loss or damage
by fire, Ughtning, hail or cyclone. Provision is made, however,
that such companies may be organized by 25 persons residing in any
one county and owning property of not less than $25,000. Illinois
('05 p.304) ^provides that a township insurance company having
less than 25 political townships in its organization may receive
into its organization other adjoining congressional or political
townships, not, however, to exceed a total of 25 townships in all.
Minnesota ('05 ch.312) Ukewise permits the consolidation of two
or more township fire insurance companies of the same county.
South Dakota ('05 ch.129 § i) and Minnesota ('05 ch.284) have
enacted statutes regulating the election and term of office of direc-
tors and officers of such companies; while Michigan ('05 ch.154)
confers upon fire and marine insurance companies authority to
insure property against loss or damage by lightning, wind and water.
Liability insurance. Although only a comparatively recent pro-
duction, few forms of insurance have shown such remarkable^
growth in recent years as employers liability insurance. The
necessity for this form of insurance has for its basis the liability
imposed upon employers by the law of negligence. And as every
year sees the burdens upon employers increased through the exten-
sion of this branch of our law, the natural conclusion is that the
scope of Hability insurance will be extended from one industry to
another imtil it shall have grown to such proportions as to place it
on a par with the other great lines of instirance as an essential factor
in the business world. Beginning in this country as late as 1886
it has expanded imtil in 1904 the volume of premiums collected
aggregated approximately $14,700,000. In view of this rapid
growth, as well as its recent introduction in the United States, it
is only natural that the several states should find it essential to
enact legislation with reference to the subject. The year 1905 is
important in this respect because of this enactment of five laws,
viz, those of California ('05 ch.327), Connecticut ('05 ch. 272),
Illinois ('05 p.288, 293) and Michigan ('05 ch.137).
HUEBNER INSURANCE 293
The first of these acts provides for the organization and manage-
ment of mutual insurance corporations furnishing indemnity
against loss to members in consequence of accidents or casualties
to any employee or person, occurring in or connected with the
business of the members. Among numerous other provisions per-
taining to the organization of such societies the law stipulates that
such companies may be formed by 20 persons, a CMijority of whom
are citizens of Illinois, and that before beginning business there
must be at least 25 applicants for an amoimt of insurance based
upon a pay roll of not less than an annual aggregate of $2,500,000
and a total premium of not less than $15,000, of which 25% shall
be in the hands of the company. The law also provides that "no
person shall be insured by any company who is not engaged in the
same class of business as the incorporators of any such company,
and any contract of insurance made with any persons not so en-
gaged in the same class of business as the incorporators of the
company shall be void."
The remaining four laws all relate to the computation of the
reserve for liability insurance companies. In all cases the com-
pany is to maintain a reserve on all policies in force, above liabili-
ties, equal to the unearned portion of the gross premium charged
for covering the risks. But in the case of California, Illinois and
Connecticut there shall also be charged a further reserve. For
the purpose of ascertaining this reserve, each person who has been
engaged in liabiUty tmderwriting for a certain number of years (10
years in California and Illinois, and 5 years in Connecticut) "shall,
on or before a certain specified date, state to the Insurance Commis-
sioner his experience under all forms of liability, each separately
according to the calendar years in which the poUcies were written,
during a peijod of 5 years commencing 10 years previous to the 31st
day of December." This statement is to contain (i) the number
of persons reported injured tmder all forms of liability poUcies; (2)
the amotmt of all payments made on account or in consequence
of injuries reported under such policies; and (3) the nimiber and
amotuit, separately, of all stiits or actions against policy holders
under such policies which have been settled either by payment or
by compromise.
The laws next stipulate that the insurer shall reserve upon all
kinds of policies irrespective of the date of issue: (i) for each suit
or action pending on injuries reported prior to 18 months
previous to the date of making the statement, the average cost, as
shown by the experience given ; and (2) for injuries reported under
294 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I90S
such policies at any time within 18 months, the average cost for
each injured person as shown by the experience submitted. Then
from the sum thus ascertained the insurer may deduct the amount
of all payments on said pending suits or injuries reported prior to
18 months, and also the amotmt of all payments made on accotmt
of said injuries reported within 18 months. Insurers who
have not been engaged in liability tmderwriting for the specified
period, must, nevertheless, make and maintain a reserve irrespec-
tive of the date of issue, which is determined along lines similar to
the above.
Under the Michigan law the extra reserve is ascertained by
"computing the hability for unsettled claims in said employers
liabiHty insurance business at not less than 50% of the premiums
received and earned during each and every year, less the amoimt
paid for losses and expenses incidental thereto, upon claims brought
under policies issued during each year; provided, that such reserve
shall not be computed for more than the five years previous to the
time of making such computation; provided further, that to the
amount of the reserve so ascertained, there shall be added such
amount as is necessary to provide for claims of earlier date, not
liquidated."
Surety and guaranty companies. Most of the state legislation
of 1905 relating to surety and guaranty insurance has reference to
the organization of the companies. In nearly all cases, provision
is made that the paid-up capital shall not be less than $250,000
(Connecticut '05 ch.8; Idaho '05 p.394; Kansas '05 ch.isp; Wiscon-
sin '05 ch.171). Tennessee, however, provides ('05 ch.360) that
foreign surety companies having a general deposit in some state of
the United States of $100,000, consisting of money or bonds of the
United States, or any state, the value of which is at or above par,
shall be required to keep a deposit of only $25,000 in the state.
It is also provided that no deposit shall be required of a foreign
company which has an actual paid-up cash capital of $300,000 of
which at least $200,000 shall be invested in United States bonds or
some other good securities and deposited with the insurance com-
missioner of some state. Wisconsin ('05 ch.iyi) also provides
that casualty, credit, title and surety insurance companies shall
deposit $250,000 with the state in order to do business. Among the
other laws referring to surety companies may be mentioned those of
Connecticut ('05 ch.3) and Idaho ('05 p.394) which make provision
for the maintenance of a reserve fimd equal to 50% of the gross
amount of premiums received on business in force; the law of
HUEBNER INSURANCE 295
Kansas ('05 ch.159) regulating domestic and foreign fidelity, surety
and guaranty companies; and the law of Montana ('05 ch.ii)
making it unlawful and piinishable by heavy fine for any person
to require the giving of surety bonds in corporations not authorized
to transact business in the state.
Live stock insurance. No less than five states^ passed laws dxxT-
^E 1905 relating to the organization and regulation of live stock
insurance companies. Of these laws the Idaho statute is the
most elaborate and in the most essential particulars is representa-
tive of such laws in other states. Any 10 or more persons residing
in the state may form a company to insure against the loss of live
stock from disease, lightning, tornadoes, cyclones, accidents and
every other accidental cause. No policy is to be issued by the
company until at least $200,000 of insurance has been subscribed,
and no poHcy is to be issued for more than three fourths of the cost
value of the property insured. Cancelation by the insured is per-
mitted on five days' notice, and the company is subject to examina-
tion by the Insurance Conunissiorer. All assessments levied shall
be at the rate of 15% of the annual premium charged by stock
insurance companies as set forth in rate book number four of the
issue of 1900, or the special rate books used by the company,
except tmder certain specified conditions. Any such association
is also permitted to create a reserve fund for the benefit of its mem-
bers and to invest the same in certain specified securities. In
Michigan ('05 ch.isj) the reserve fund to be held by such com-
panies shall be calculated by taking 50% of the cash premium
received upon all risks not expired at the time the computation is
made.
4daho ('05 p.150) ; Michigan ('05 ch.153) ; North Dakota ('05 ch.123); South
Carolina ('05 ch.417); Washington ('05 ch.40).
New York State Education Department
Hew York State Library
REVIEW OP LEGISLATION 1905 LEGISLATION BULLETIN 29q
EDUCATION'
HOWARD J. ROGERS LL.D., FIRST ASSISTANT COMMISSIONER OP
EDUCATION OP THE STATE OP NEW YORK
During the year ending September 30, 1905, there were reported
from the 41 states and territories holding legislative sessions 367
acts affecting the conduct and administration of schools and col-
leges and 34 affecting licenses and examinations for entrance to
the professions. The great majority of these acts were of local
significance, or in the nature of amendments correcting defects
in existing statutes, such as levying of taxes, apportionment of
moneys, investment of school funds, disposition of bonds, sale of
pubUc lands for school purposes, etc. Many, however, were of
far-reaching effect, and marked genuine progress in the development
of the pubUc school system.
The most noteworthy inference is the great similarity existing
between statutes of different states, again demonstrating the fact,
if it be not now universally conceded, that we have practically, in
spite of our poUtical subdivisions, a national system of education.
It is true that some sections of the country are not as advanced in
educational requirements as others, owing to the later development
of popular education, to the recent settlement of the country, or
to other causes; but where a law is passed affecting any of the
important divisions of educational policy it is almost invariably
based on similar laws in other states where experience and common
consent have proved its worth.
This similarity is attributable to the influence of the United
States Bureau of Education and to the National Educational
Association. The former by its carefully prepared reports on
every phase of education, with its incidental advice and comments,
has come to be considered an authority on the methods best adapted
to the training of American children. The latter, by its annual
meetings bringing together the educational leaders from every state
'See also Governors Messages and Index of Legislation, 2220.
907
298 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
and territory in the Union, has become a common ground for the
exchange of ideas, for the discussion of questions of administration
and general policy, and even for the adoption of similar methods
to be tried by mutual agreement in all parts of the country.
Another noteworthy inference of the year's legislation is the
growth of the idea that public education is the constitutional and
inalienable right of every child, before which family conditions
and even parental control must give way. That the state may
assert as paramount its right to insist that every future citizen
receive a certain degree of training is the basis of a statute in
nearly every state of the Union.
School codes. The states which have materially amended their
school codes are Texas, North Carolina, Washington, North Dakota,
Maine and Oklahoma.
The Texas act ('05 ch.124) provides for a more efficient system
of pubhc free schools, defines the duties of state officers, fixes
salaries and penalties, provides for raising and apportioning ftmds,
and in general creates a code for the administration of all school
affairs.
North Carolina ('05 ch.533) amends previous laws relating to the
public schools, defines the powers of the State Superintendent
and of coimty superintendents, designates the branches to be taught
in the public schools and the grades of certificates necessary for the
licensing of teachers.
Washington ('05 ch.56, 142) fixes qualifications for deputy
superintendents, provides for special certificates for teaching of
kindergarten, music and languages, amends the procedure in refer*
ence to the apportionment of school moneys, and fixes the procedure
for school district elections, particularly in reference to change of
boundaries in school districts.
North Dakota ('05 ch.ioo) fixes the qualifications and salary of
coimty superintendents of schools, amends procedure in the pay-
ment of institute funds, and also amends the Revised Code in
reference to those who may be exempt from compulsory attend-
ance.
Maine ('05 ch.48) amends the school code, stating the purposes
for which school fimds shall be used and designates the duties of
superintendent and school committees.
Oklahoma ('05 ch.33) amends article i of the public school law
relating to the consolidation of school districts and fixes the pro-
cedure therefor.
ROGERS EDUCATION 299
Georgia ('05 p.425) provides for the creation and operation of
local tax district schools and for the levying and collection of local
tax by counties for educational purposes.
Florida ('05 ch.ii) provides for 12 consecutive school years of
instruction in the public free schools of the state, designates how
each grade shall be known, entmierates the subjects in which
instruction shall be given, and provides for appropriations for
maintenance of high schools.
California ('05 ch.185) amends section 1532 of the Political Code
relating to the Superintendent of Public Instruction, and defines in
detail the powers and duties of that officer.
Cities. The two most important acts in relation to city school
systems are those affecting the city of Philadelphia (Pa. '05 ch.i86)
and the city of Boston (Mass. '05 ch.349). The Philadelphia bill
is drawn upon lines which are now believed to be soimd in the
administration of educational policies of cities and contains many
of the principles dr provisions which are incorporated in the school
laws of New York city, Cleveland and St Lotiis. The main pro-
visions of the law are as follows:
1 A 5 mill tax for both the immediate and prospective needs
of the schools, which will insure a simi under which the development
of the city system will be rapid and effective.
2 The minimizing of the powers of the sectional boards and the
consequent lessening of the influence of the local ward heeler and
the politician. The retention of these ward divisions was a conces-
sion to obtain the passage of the bill, and they will undoubtedly
be abolished in the near future.
3 The appointment of the members of the board of education
at large by the judges of the Court of Common Pleas. While this
is logically unsound in that it combines judicial and administrative
functions, it is probably a better plan at the present time in Phila-
delphia than the plan of election by popular vote.
4 Reduction of the size of the board from 42 to 21, a step in the
right direction, but a still smaller board would do better service.
Many minor provisions such as the definite fixing of responsibility
the centralizing of powers and duties, the appointment of respon-
sible heads of executive departments, etc., are incorporated. The
most serious omissions are the failure to provide a strict merit
system for the appointment and promotion of teachers, and some
indefiniteness in regard to the powers and duties which stirround
the office of superintendent. Most of these errors or omissions
can be remedied by the first board of education, provided a pro-
300 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
gressive and broad minded board is appointed. The general effect
of the bill — ^while it may not meet the enthusiastic praise bestowed
by one critic that it places the school system of Philadelphia 50
years in advance — is to give the city of Philadelphia a rational
and defensible school system in line with modem educational
policies, and a basis for a thorough and effective reorganization.
In April 1905 the Legislature of Massachusetts passed an act
reorganizing the School Committee of Boston which will xmdoubt-
edly have a" radical effect on the administration of school affairs in
that city. The act is very short and substitutes for the present
School Committee of 25 a committee of five, and bestows upon the
latter all the powers, privileges, duties and obligations devolving
upon the present committee. The success of this law will depend
entirely upon the personnel of the board.
The city of Rochester, N. Y. ('05 ch.6o8) provided for the estab-
lishment of a retirement fund for pensioning retired school teachers.
Wisconsin ('05 ch.273) amended the school law in reference to
members of the board of education in cities of the first class, fixing
their qualifications, eligibility and privileges, and also fixed the
duties of the superintendents of schools and the secretary of the
board.
Utah ('05 ch.40) provided that the members of the board of
education in cities shall fix the compensation to be received for their
services at a sum not to exceed $100 a year.
Counties. A notable feature of the year's legislation is the
general revision of statutes relative to the duties, compensation and
qualifications of county commissioners. There seems to be a
growth of feeling that a coimty, or some portion thereof, is a better
unit for supervisory purposes than a town.
Nebraska ('05 ch.134) provides that no person shall be eligible
to the office of county superintendent who does not hold at least a
first grade certificate in force at the time of his election.
Indiana ('05 ch,i63) provides that no person shall hold the office
of county superintendent unless he holds one of several enumerated
state licenses.
North Dakota ('05 ch.ioo) provides that no person shall be
qualified for the office of county superintendent where the salary
is over $1000 a year who is not a graduate of some reputable normal
school or higher institution of learning, or who does not hold a state
normal or state professional certificate and who has not had at least
three years* successful experience in teaching in the state.
ROGERS EDUCATION 3OI
California ('05 ch.402) amends the section of the Political Code in
reference to the duties of county superintendents and enumerates
their powers and liabilities.
Wisconsin ('05 ch.518) amends the law in reference to county
superintendents with reference to their salaries, expenses and
bonds. The same state ('05 ch.105) requires the cotinty superin-
tendent to hold annually at least one school board convention in
his district for the purpose of consultation, advice and instruction
upon matters pertaining to the nnianagement of the schools. Each
member present is allowed $2 and mileage for expenses.
Oregon ('05 ch.3) defines the duties and reqtiirements and fixes
the compensation of county school superintendents and specifies
their powers in relation to apportionment of school moneys, cer-
tification of teachers, 'holding of teachers institutes and rendering
of reports.
New Jersey ('05 ch.369) raises the salaries of coimty superin-
tendents to $2000.
Kansas ("05 ch.229) revises the scale of salaries to be paid cotmty
superintendents.
Illinois amends section 27 of the act of 1872, grading cotinty
superintendents' salaries in accordance with their services in coun-
ties of the first, second and third class.
Michigan ('05 ch.148) amends the act fixing the duties of the
county commissioners.
Utah ('05 ch.107) provides for county school districts of the
first class, placing them upon the same basis of administration as
school districts in cities of the second class.
Rural schools. The consoUdation of cotintry schools is increasing
in popular favor, and the recent movement for instruction in the
elements of agriculture in rural schools is a strong additional
argiunent in its favor. The larger the school the better the equip-
ment for teaching agriculture, and, what is more important, the
greater the chance of securing a teacher who is fitted to give instruc-
tion.
Minnesota ('05 ch.326) provides an optional plan for counties to
consolidate rural schools and to transport pupils at public expense.
Wisconsin ('05 ch.54) provides for a tax for transporting children
to and from school, limiting the life of any one contract or agreement
to a period of three years.
Oklahoma ('05 ch.33 art. 14) provides, under certain conditions,
for the transportation of pupils from one district to another.
Vermont ('05 ch.36) amends the statute relating to the conveying
of scholars to public schools.
302 N. Y. STATE LIBRAKY REVIEW OF LEGISLATION I905
Maine ('05 ch.55) amends the former statute so that school com-
mittees of two or more towns having under their care and custody
an aggregate of not less than 20 nor more than 50 schools may unite
in the employment of a superintendent of schools, provided this
has been authorized by a vote of the towns at a regular or special
town meeting.
Wisconsin ('05 ch.499) authorizes the State Superintendent to
appoint a competent person to act as an inspector of rural schools.
Said inspector receives an anniial salary of $2000 and all actual and
necessary traveling expenses. ^
Minnesota ('05 ch.296) amends various laws in relation to qtiali-
fication of teachers in rural schools and apportionment of moneys by
the State Superintendent.
Utah ('05 ch.i2i) provides a source of revenue for common school
districts where the revenue from the state, county and district school
tax is instifficient.
Funds. West Vii:ginia ('05 ch.42) amends prior acts relating to
sales of lands for the benefit of the school f\md, prescribing the man-
ner in which suits for sale of school lands are to be brought, who
are to be joined as defendants, etc.
Vermont ('04 ch.42) takes a step toward the creation of a perma-
nent common school fund by appointing a commission to fully
investigate the sources of funds and endowments in other states
and report their findings to the General Assembly of Vermont,
which is to meet in October 1906, together with a bill for the con-
sideration of said assembly.
Certification and training of teachers. The care with which the
licensing of teachers for public school service is observed seems to
be increasing throughout the country. Every state has statutes
governing the qualification and certification of teachers and these
are being amended year by year so as to insure a competent and
trained teaching service.
South Dakota ('05 ch.99) provides for two professional certifi-
cates, to be known as the state certificate and the life diploma, and
the conditions under which they may be earned.
North Dakota ('05 ch.107) amends the school code providing
for life professional certificates and first and second class state
certificates and fixes clearly qualifications of teachers and the various
grades of certificates.
Nebraska ('05 ch.135) provides a more uniform system for the
certification of teachers and repeals various sections of the former
code relating thereto. The certificates issued by authority of the
ROGERS EDUCATION 3O3
state are divided into three principal classes, namely, state certifi-
cates, coTinty certificates and city certificates. Each of these is
subdivided into various classes and the qualifications and penalties
for each set forth.
Washington ('05 ch.85) amends the code relative to normal
schools and the training of teachers therein.
Vermont ('04 ch.33) provides for special certificates for teachers
and supervisors of singing, drawing and other special subjects in
secondary schools.
Tennessee ('05 ch.211) provides that whereas the trustees of the
Peabody fimd have resolved to apply $1,000,000 of the capital of
said fund to the establishment at Nashville of a college for higher
education of white teachers, to be known as the George Peabody
College for Teachers, the state appropriate $250,000 for the use of
said college, payable $25,000 annually for 10 years, provided the
other conditions mentioned in the deed of gift be fully carried out.
Compulsory education. More statutes affecting this important
question were passed than on any other phase of school policy.
These statutes were usually in the form of amendments to already
existing statutes, and particularly in reference to penalties for
evasion of the law, more clearly defining the duties of truant officers
and extending the ages for the application of the law.
' Massachusetts ('05 ch.320) provides that every child between
7 and 14 and every child under 16, who can not read at sight and
write legibly simple sentences in the English language, shall attend
some pubUc day school in the city or town in which they reside,
subject to certain exceptions.
Michigan ('05 ch.200) revised the entire statute concerning com-
pulsory education and fixed the duties of all officers connected
therewith.
Minnesota ('05 ch.265) raised the age of required attendance from
16 to 18 years.
Missouri passed an act to enforce the constitutional right of every
child in the state to an education and to provide for truant or paren-
tal schools and attendance officers in cities of 10,000 population or
more.
Nebraska ('05 ch.140) placed the ages between which compulsory
attendance is required at 7 and 15 years.
Tennessee ('05 ch.483) provided for enforcing the education of
children in the coimties of Union and Claiborne.
.Washington ('05 ch.162) passed a law relating to compulsory
attendance of children between 8 and 15, specifying the prohibitions
of emplo5anent, the duties and powers of attendance officers, dis-
trict clerks and county attorneys.
304 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Kansas ('05 ch.384) passed an act requiring deaf, dximb or blind
children between 7 and 21 to be sent to some siiitable school.
High schools. The growth of high schools has been greater in the
last two years than during any similar period since 1895. Four
hundred and thirty schools have been established and the increase
of students in attendance aggregates 43,595.
Secondary education has seemed to recede from its two extreme
positions and approach a more common ground. The former
general and scholastic courses have been made more practical and
the practical courses that have heretofore been somewhat narrow
are being broadened by the introduction of ctiltural subjects.
Much of the legislation of the past year has affected secondary
education and has been largely in the direction of extending high
school privileges to inhabitants of towns and rural districts where
high schools do not exist.
Pennsylvania ('05 ch.23) provides that children residing in dis-
tricts in which no public high school is maintained may attend a
high school in some other district and the cost be met by moneys
raised by taxation in the home district.
Vermont ('04 ch.37) provides that every town shall establish and
maintain a high school or furnish higher instruction for advanced
pupils in accordance with certain stated provisions.
Wyoming ('05 ch.67) provides that proceedings may be begun
for the organization of a high school district at the request of 100
freeholders and that upon receipt of such request the board of
county commissioners must take steps for the oi^nization of the
district.
California ('05 ch.6s) authorizes the levying of a state tax which
shall be appUed to the support of high schools under definite pro-
visions of statute.
New Hampshire ('05 ch.89) provides for the appropriation of
state funds for high school ttiition.
North Dakota ('05 ch.24) amends the Revised Code relating to
state aid to high schools, increasing the amotmt for schools main-
taining a four-years' course, decreasing the amount to school
maintaining a three-years' course and repealing the provisions for
schools maintaining a two-years* course. This is in line with the
policy of New York and many other states to place high schools
and academies upon a four-years* basis.
New Hampshire ('05 ch.19) also legislates on this same point by
enacting that by the term **high school" or "academy" is under-
stood a school having at least one course of not less than four years.
ROGERS EDUCATION 305
An interesting decision affecting public high schools has recently
been made by the Supreme Court of Kansas. Under the authority
of an act passed by the Kansas Legislature the board of education
of the city of Lawrence passed a resolution to the effect that all
pupils attending the high school should be required to pay a tuition
fee of $2.50 a term, and authorized the city superintendent of schools
to expel from school all children then attending who refused to pay
such tuition fee. Upon certain children's refusing to pay the fee
they were expelled from school, and an action was brought by their
parents for their reinstatement on the groimd that the high school
being a part of the common school system of the state, the act
authorizing boards of education to charge tuition to pupils resident
in the district was tmconstitutional. In a well written and able
decision, Judge Greene of the Supreme Court of Kansas decided
in favor of the plaintiffs and held, first, that a high school grade of a
city system of schools is a part of the common school system ; second,
that the term " common schools" as used in section 2, article 6 of the
Constitution of the state of Kansas, means free common schools;
third, that that part of section i, chapter 224 of the Laws of 1889
which authorizes cities of the second class to maintain high schools
in whole or in part by collecting a tuition fee from each pupil, vio-
lates the Constitution, and is therefore void.
School books. Connecticut ('05 ch.174) requires that all towns
that have not heretofore done so shall be required to vote during
the year 1905 upon the question of free textbooks.
Oklahoma ('05 ch.33 art.ii) passes an act regulating the sale of
school books and special suppUes and providing the penalties fOr
violating the same.
North Carolina ('05 ch.707) makes an appropriation to promote
the production and publication of school books relating to the
history, literature or government of North Carolina for tise in the
public schools and provides for the appointment of a commission for
the examination of manuscripts.
Missouri ('05 p.302) abolishes the School Book Commission.
Industrial education. The adjustment which the schools of the
country are endeavoring to make in order to satisfy the demands of
the tremendous development of our commerce and of our industries,
makes rapid progress every year and much of the most important
legislation of the last 12 months relates to this subject.
Minnesota ('05 ch.314) provides that counties may appropriate
$20,000 annually for schools of agrictilture and domestic economy.
306 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Massachusetts ('05 r.94) provides for a commission to consider
the needs for technical education in the different grades of industrial
skill and responsibility.
Arizona ('05 ch.20) provides that in all school districts within the
territory instruction may be given in the subjects of manual training
and domestic science.
Wisconsin ('05 ch.isS) includes "elements of agriculture" as one
of the required studies in the public schools.
Pennsylvania ('05 ch.36) extends to cities of the third class the
provisions of prior laws relative to central boards of education
establishing and maintaining schools for instruction in mechanical
arts and kindred subjects.
Massachtisetts ('05 ch.448) authorizes the city of Boston to main-
tain an institution to be known as the Franklin Union, which shall
be similar to the Cooper Union in the city of New York.
Miscellaneous. South Dakota ('05 ch.104) makes it the duty
of the officers of every school district in the state to plant trees and
shrubs on the school groimds.
Pennsylvania ('05 ch. 41) prohibits experiments upon any living
creature in any public school of the state.
Oklahoma ('05 ch.33 art. 12) provides for moral and humane
education in the public schools of the territory and also prohibits
experiments upon any living creature in the public schools.
North Dakota ('05 ch.108) requires humane treatment of animals
to be taught in the pubHc schools.
New Mexico and Oklahoma passed flag laws requiring the United
States flag to be displayed on the public school buildings when the
schools are in session.
Wisconsin ('05 ch.373) authorizes school districts and boards of
education to organize mutual fire and tornado insurance com-
panies for the insurance of public school buildings and their con-
tents.
Nebraska ('05 ch.12) requires the State Superintendent of Public
Instruction to give a bond for $50,000. This is one of the items
in the statute fixing the amount of bonds for all state officers.
Vermont ('04 ch.48) provides that a' person holding a license for
the sale of intoxicating liquor, or any person connected with the
traffic in intoxicating liquor, with the exception of registered
pharmacists, shall be ineligible to the office of school director,
school superintendent or any other office pertaining to the manage-
ment of the public schools.
ROGERS EDUCATION 307
Higher education. Minnesota C^S ch.119) divests the State
Board of Control of all authority and jurisdiction over the State
University and the state normal schools, and provides for the
management of the university by the board of regents and of the
state normal schools by the normal board.
Utah ('05 ch.133) prescribes and limits the courses of instruction
which may be pursued in the State University.
Illinois by an act ^approved May 12, 1905, provides for one
scholarship in the University of Illinois for each county in the state
and. prescribes the manner in which the appointments shall be made.
Professional education. Material progress has been made in the
last two years in establishing legal provisions in the various states
guarding the entrance to the professions of law, medicine, dentistry,
veterinary surgery, nurse training and public accotmting. The
necessity of maintaining relatively imiforni standards in the vari-
ous states is now recognized sufficiently to induce legislative action.
The state of New York leads in her elaborate code governing all of
these professions, and the laws of other states are usually based*
upon the New York statutes. The Southern and far Western States
are still slow to act.
In law, the state of Missouri has established a state board of
examiners and a preliminary education equivalent to a grammar
school course.
In medicine, reciprocity provisions for indorsing other state
licenses have been passed in Georgia, Iowa, Missouri and Wyom-
ing. Medical acts have been revised in South Carolina, Ken-
tucky, Vermont and Wyoming.
In dentistry, state boards of examiners have been created by
Kentucky and Wyoming; Mississippi requires high school education
or its equivalent as a preliminary to the examination.
In pharmacy, New York has made eight years in elementary
schools and one year in high school a prerequisite to entering a
school of pharmacy. Pennsylvania has become the second state
requiring a diploma from a reputable pharmacy school for admission
to licensing examinations.
In veterinary medicine, Maine and Missouri have established state
boards of examiners and New York has raised the entrance require-
ment of veterinary colleges to a four-years* high school course, or its
equivalent, placing this profession on a par with medicine and
dentistry.
In nurse training, Maryland has created a state board of exam-
iners, and the eqtiivalent of a high school course and diploma from
a training school is required for registration.
New York State Education Department
New York State Library
REVIEW OP LEGISLATION 1 90^ LEGISLATION BULLETIN 29r
LABOR*
ADNA F. WEBER PH.D., CHIEF STATISTICIAN, NEW YORK
DEPARTMENT OF LABOR
In discussing the policy of labor protection Grovemor Higgins
of New York emphasizes the desirability of tmiform legislation
throughout the cotintry **in ord^r that the industries of the state
may be reUeved from the tmfair competition of those states
which place no restriction upon the subject"; while Governor
Roberts of Connecticut declares that "whatever safeguards the
health of the employees of our industrial establishments improves
their efficiency and increases the prosperity of the state." The
two views of the effect of labor legislation contrasted in the fore-
going statements are not altogether irreconcilable. Labor laws
enacted for the protection of wage earners sometimes place tem-
porary handicaps upon the employers thus affected, but if they
tend to preserve the health and build up the self-respect of the
working people otherwise subjected to intolerable toil and a slavish
discipline, they make for a higher standard of workmanship and
citizenship. Governor Douglas of Massachusetts affirms that "it
is because Massachusetts has been foremost of all states in the
enactment of laws for the welfare of its workers that she is a leader
among the manufacturing commonwealths," and any one familiar
with the exceptional skill and high morale of the workers in many
New England manufacturing commimities will readily concede
the large share of credit to be given to labor legislation in the
maintenance of a prosperous industry in a section of the coimtry that
lacks natural advantages. In other sections of the country where
the policy has been one of social neglect, there have existed dis-
content, mistrust and suspicion in the ranks of employees, which
on occasions have led- to violent outbreaks against law and order.
New England, on the other hand, has seldom had to concern itself
*See also Governors Messages and Index of Legislation, 2040
309
3IO N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
with expensive industrial warfare, which not only harms industry
itself but in the long run costs citizens more than does the enforce-
ment of adequate laws for the protection of wage earners.
The factory laws of 1905 reveal the steady growth of the policy
of labor protection in this country, a niunber of the leading indus-
trial commonwealths having amended and improved existing
regulations. Pennsylvania ('05 ch.226) enacted a new factory
law containing many improvements not only in respect of child
labor (see p. 321) but also in regard to the health and safety of adult
workers. Washington ('05 ch.84) in revising its factory law has
to some extent tied the hands of the factory inspector by provid-
ing for an appeal from his orders regarding the fencing of dangerous
machinery, to a local board of arbitration, Wisconsin ('05 ch.338)
provides for four new inspectors in addition to the six previously
authorized and also extends from two to four years the term of
the Commissioner of Labor ('05 ch.83). A new statute (Wis. '05
ch.296) requiring manufacturers and owners of com buskers and
shredders to provide safety devices is perhaps the first provision
thus far made for the protection of persons who tise farm machinery.
Wisconsin also improved its regulation concerning scaffolding,
ladders, hoists and other appliances used in construction work
('05 ch.250), while Kansas ('05 ch.527) enacted an entirely new
law for the protection of building mechanics. The New York
amendment ('05 ch.520) to the statute requiring the inclosure of
hoistways in buildings tmder construction was of minor importance
(New York Labor bulletin 25, p. 213).
In regulating injurious trades Wisconsin was also conspicuous,
having enacted a law to prohibit the use of wood alcohol in a way to
endanger the life or health of workmen ('05 ch.274). The law re-
quiring blowers or exhaust fans to be provided on emery wheels
etc. in polishing departments of factories was amended so as to
cover all polishing and buffing wheels throughout the factory, with
the single exception of grindstones upon which water is used
('05 ch.147). Michigan joined the states that prohibit the employ-
ment of women in the operation of emery wheels or belts, which
give off health-destroying particles of metal and dust ('05 ch.172).
Massachusetts appropriated I5000 for a continuation of the in-
vestigation by the State Board of Health into the conditions af-
fecting the health of employees in factories ('05 r.59). Such an
investigation is greatly needed and if successfully carried out will
be of value to almost every Legislature in the United States. Re-
port is to be made to the Legislature of 1907.
WEBER LABOR 3II
Tennessee enacted the common statute requiring seats to be fur-
nished to female clerks and saleswomen in mercantile establish-
ments ('05 ch.171), while Connecticut, with its numerous brass and
iron foimdries, foimd it necessary to compel owners to furnish
washrooms and closets for the use of the molders ('05 ch.140).
Mining inspection. Ten states enacted statutes on this subject
in 1905, Indiana, Michigan, Utah and West Virginia enacted re-
vised codes, while the Illinois amendments were very numerous.
Minnesota for the first time provided for the inspection of mines,
by imposing that duty upon each coimty having five mines ('05
ch.i66). Kansas, Missouri, Nevada and Wyoming were the other
commonwealths represented in this field of legislation.
Railway labor. The protection of trainmen from overhead ob-
structions has been a matter of concern to many Legislatures and
most of the enactments of 1905 relate to this particular subject.
Vermont ('04 ch.91) required bridges and other overhead obstructions
to be at least 22 feetabove the rails; while Kansas ('05 ch.356) and
Wyoming ('05 ch.8i) regulated the stringing of wires over railway
tracks. Wisconsin ('05 ch.348) provided that railway companies
shall place telltales or warning devices on all bridges and obstruc-
tions over their tracks that do not clear the tops of freight cars by at
least 7 feet. New York ('05 ch.6ii) required railway companies to
have locomotive boilers inspected as often as once every three
months and file certificates of inspection with the State Board of
Railroad Commissioners. Maine required street car platforms to be
vestibuled in winter ('05 ch.32) and New York added Kings and
Queens counties to the other coimties in which vestibules are re-
qtiired ('05 ch.453), New York coimty now being the only coimty
to which the law does not apply.
Employers liability. Most of the economists and legal writers
of this country who have given attention to the problem of in-
dustrial accidents hold negligence law to be an entirely ineffective
remedy, owing to the fact that the mass of the accidents happening
to workmen in the course of their employment can not be ascribed
to negligence that is ascertainable and apportionable by legal
processes. It is not negligence that makes the operation of trains
a hundred times more destructive to life and limb than is the
manufacture of cigars; but rather the inherent hazards of the
indtistry. Outside of the United States this fact has been recog-
nized in legislation, so that at the present time the United States
enjoys the unenviable distinction of being the only civilized,
312 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
commercial nation that has not made the expense of indemnifying
workmen injured through accident a charge upon the industry in
which they were engaged.
The idea of a trade risk (risque professionnel) is now, however,
being discussed here not only in academic circles but in the realm
of practical politics. Seven years ago the New York Bureau of
Labor Statistics published a report on employers* liability, in which
it presented the European legislation on the subject. Since then the
Wisconsin Bureau of Labor Statistics has made a similar report,
while a special commission on relations of employers and employed
in Massachusetts has recommended and framed a workmen's com-
pensation act on the lines of the English act of 1897. Last year
the Governor of Minnesota in his message to the Legislature de-
clared that the common law doctrine of negligence " is entirely
tmsuited to the present era, when high-geared and dangerous
machinery performs such a large part in the production of manu-
factured articles"; and he approved the rule, already accepted
abroad, that **the industry shotdd bear the risk and not the un-
forttmate workmen who are now daily deprived of the means of
earning a livelihood" by industrial accidents. In Illinois, where
the common law doctrine has not been modiiSed by statute, the
Legislature manifested its dissatisfaction with negligence laws by
authorizing the appointment of a commission to investigate and
report a plan of workingmen's insurance ('05 p.401). President
Roosevelt in his message to Congress of December 1904 recom-
mended that "the Congress appoint a commission to make a
comprehensive study of employers liability with the view of ex-
tending the provisions of a great and constitutional law to all
employments within the scope of the federal power." The failure
of Congress to provide for an investigation so obviously needed
will make all the more welcome the report on workingmen's insur-
ance that is now preparing in the United States Bureau of Labor.
In this country at present workingmen's insurance against
accidents is mainly confined to the railway service, although many
wage earners are of course members of the fraternal orders that
provide life insurance. The five principal railway brotherhoods
through their beneficiary departments pay out nearly five million
dollars a year in death and disability benefits to members, the
insurance covering deaths from natural causes as well as from
accident. Railway employees on a number of the leading systems
also contribute to insurance fimds tmder company management;
but they frequently object to these so called "voluntary relief
WEBER LABOR 3T3
departments" on the ground that as a condition of membership
therein they are compelled to sign away their statutory right to
recover damages for gross negligence. Many states have declared
such waivers void; South Carolina, which had already outlawed
such agreements as between railway companies and their employees,
has now made its statute to apply generally to all employees ('05
ch.488).
The remaining legislation of 1905 consists simply of changes in
existing common law or statutory rules of negligence applied to the
relations of employer and employee.* The Wisconsin Legislature
failed to act on the recommendations of Governor LaFoUette's
special message respecting accidents in the railway service, but
it added a new section to the factory law providing that an em-
ployer who has neglected to guard his machinery as reqtiired by
law shall not plead in defense that an employee thereby suffering
personal injury assumed the risk by continuing to work with knowl-
edge of such omission or neglect ('05 ch.303). The new Washington
factory act previously mentioned ('05 ch.84) contains a provision
not often found on American statute books, despite the obvious
need, namely, that any violation of the law or failure to comply
with its provisions which becomes the proximate cause of any
injury to an employee, shall make the employer liable in damages
(up to $7500). The courts of New York have been inclined to rule
that the emplo)nnent of a child on dangerous machinery contrary
to law makes the employer liable for damages in case of accident,
but with this exception no violation of the factory law, however
provocative of injuries to workmen, has been admitted as evidence
of negligence on the part of the employer; the courts holding
that the employee by merely continuing at work ** assumes the risk."
Against this doctrine of assumption of risk Texas in a statute of
1905 (ch. 163) aims to protect employees of railroads and street
railwajrs.
Montana, which had previously modified the rule that the em-
ployer is not liable to employees injured through the negligence of a
fellow workman, has now abrogated the **fellow servant doctrine"
root and branch for the railway service (Mon, '05 ch.i), while
Kansas has amended a similar statute by extending from 90 days
to eight months the period in which an injured employee must give
notice of injury to the company and by providing further that,
in the case of an employee receiving treatment in a hospital under
*A brief summaiy of the statutes prior to the amending laws of 1905 is
given in the Bulletin of New York Department of Labor for March 1906.
314 N. Y. STATE LIBRAKY REVIEW OF LEGISLATION I905
the charge of the company, the period of eight months should not
begin until his discharge from the hospital, etc. (Kan. '05 ch.341).
Hours of labor. The shorter hour movement, which expresses
an intense aspiration for a fuller life on the part of the wage earners
who bear so considerable a proportion of the burden of the world's
work, appeals to the S3mipathy of thinking men who are themselves
willing to work long hours at a stretch, provided they have oppor-
tunity to recuperate their mental factdties by means of an annual
vacation. Such vacations, however, would not avail much to the
manual worker, who must needs seek the preservation of health
and vigor by shortening his daily hours of work. Workmen of a
high grade of intelligence and foresight have often succeeded in
securing shorter hours through the process of collective bai:gaining,
as, for example, the mechanics of the building trades have done.
But the employer in the building industry faces local competition
alone and the building mechanics of a single locality can therefore
proceed with their demand for a shorter working day without
waiting to educate all the workmen of their craft throughout the
country, Where competition is not thus confined within narrow
limits, it requires years of education to induce even high-grade
workmen to accept the sacrifice needed to accumulate a defense fund
sufficient to take care of fellow craftsmen who may be left without
employment when the lime comes to enforce the demand for
shorter hours. Thus the printers, who as long ago as 1902 resolved
in their national convention that they would work eight instead of
nine hours a day, spent several years in preparing for the change,
and even now are contributing io% of their wages for the main-
tenance of such of their members as have lost employment by
reason of the eight hour strikes late in 1905 or early in 1906.
In occupations filled by workmen of less intelligence and fore-
sight— and necessarily, of smaller financial resources — such a move-
ment is out of the question, and it is perfectly natural that they
should look to the government to protect them from the blind tyranny
of economic forces quite beyond their control. Our traditions in
favor of unrestricted competition long prevented state interference
of this kind except by indirection — regulating the hours of minors
and women, for example, or of workmen employed by the govern-
ment itself. Even this variety of state interference has had to
overcome strong opposition, which is still manifested in the activity
of employers* associations and their retainers in the legal profession.
But whenever the issue has once come squarely before the people,
the limitation of the hours of labor has been approved by significant
majorities. To meet the objections of the courts, constitutional
WEBER LABOR 3I5
amendments have been offered in several states, New York being the
latest. At the general election of 1905 the whole question of gov-
ernment regulation of hours, wages and other conditions of employ-
ment on public work was thoroughly debated and the policy em-
phatically approved, the vote being 338,570 for and 133,606 against.
While legislation of this kind is still the prevalent type, there is
every year some addition to the statutes regulating the hours of
adult workmen in the occupations distinctly recognized as dangerous
or injurious. Railway employees, indeed, are protected against
tmduly long hours of service in the interest of the traveling public;
last year Kansas ('05 ch.342) and Missouri ('05 p. 11 2) joined the
states which have provided that railway employees must be allowed
eight hours' rest in each 24 hours. On similar grounds, California
forbade drug clerks to work more than 10 hours a day or 60 hours a
week ('05 ch.34). But legislative bodies have gone beyond this and
restricted the hours of work in other occupations as a protection to
the workers themselves. Since the United States Supreme Court up-
held that form of regulation of industry, in the Utah eight hour
mining law in 1898, most of the Western States have enacted statutes
restricting the hours of work in mines, smelters etc., although in
some cases they found it necessary to amend the state Constitution
before the state courts would follow the authority of the Federal
Court. Colorado ('05 ch.119) and Montana ('05 ch.50) having thus
amended their Constitutions last year, enacted statutes limiting the
working day in mines, smelting and refining works, etc., to eight
hours, and Missouri has also perfected its existing eight hour law
C05 p.236).
That Legislatures are not to have an absolutely free hand in
carrying out this policy of labor protection is evidenced by a decision
of the United States Supreme Court last year, in which, by a ma-
jority vote, it held unconstitutional the New York statute of 1895
which made 10 hours the maximimi day's work for bakery em-
ployees (Lochner v. N. Y., 198 U. S. 45). The New York Court of
Appeals had previously sustained the law, and the only distinction
that can be drawn between the two decisions involves a question
of fact — how injurious is the occupation of a baker? The state
court held that men working in bakeries pursue an unusually tm-
healthy trade, while the Federal Court held that the occupation of a
baker is not so extraordinarily injurious, as compared with other
occupations, as to necessitate and justify special regulation of work-
ing hours. It is well established by the investigations of the New
York Bureau of Labor Statistics and the factory inspectors that
3l6 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
some at least of the bakeries of New York city are exceedingly un-
sanitary and presumably act tmfavorably upon the health of bakers
employed therein, especially if their powers of resisting disease are
diminished by persistent overwork. New Jersey, in remodeling its
bakeshop law, with provisions for the lo hour day, permits overtime
not exceeding two hours daily, in cases of emergency ('05 ch.102).
The Montana eight hour law ('05 ch.50) already referred to
applies to public work as well as mines and smelters. Several other
states amended their eight hour statutes with a view of securing
better enforcement. This legislation is simple enough in principle,
but raises tmexpected difficulties in administration. Both Cali-
fornia and Nevada have made violation of the law a misdemeanor
and have also provided additional penalties ; in Nevada ('05 ch.32)
violation by a contractor is sufficient cause for forfeiting the con-
tract, while in California ('05 ch.505) the contractor must pay a fine
of |io a day for each workman required to work beyond eight hours,
the amoimt of the fine to be deducted from moneys due him on the
contract.
The temporary handicap which legislative restriction of working
hours may impose upon the industries of one community in its com-
petition with other states has led Massachusetts to instruct its sena-
tors and representatives in Congress to use their influence to secure
an amendment to the Constitution authorizing Congress to enact
tmiform laws on the subject ('05 p.429).
Payment of wages: assignment of wages. As our indtistrial
cyrder is based upon the theory of free competition, laborers have a
just claim for legal protection from extortion or oppression when
competition does not afford protection. The payment of wages in
store orders may and usually does, as a matter of fact, permit the
employee no alternative to paying exorbitant prices for the neces-
saries of life, as he is forced to trade at a single store, in which the
employer has a direct or indirect interest. Truck laws, or laws re-
quiring the redemption of store orders in lawful money, are there-
fore very old, dating back to the year 1464 in England and to 1500
in Germany mining districts.* Notwithstanding the need of legis-
lative interference thus evidenced by general experience, many
American courts, in what seems a rather blind devotion to the
dogma of freedom of contract so far as it concerns protection to
labor, declined to recognize the right of the Legislature to intervene
for the protection of wage earners against monopolistic power until
the United States Supreme Coiirt gave its authority in favor of anti-
^Freund, Police Power, 53i9«
WEBER T^BOR 317
truck legislation (Knoxville Iron Co. v. Harbison, 183 U. S. 13).
There are still many states without such statutes and in only one
state, Nevada, was an)rthing done toward supplying the want in
1905. Nevada ('05 ch.rD6) made it a misdemeanor for an employer
to discount time checks issued to employees. Washington ('05
ch. 112) amended its cash payment law so as to insure to a dis-
charged employee the payment forthwith of wages earned. In
Texas minor amendments ('05 ch.iS2) were made, and in Missouri
the St Louis Court of Appeals, following the Supreme Court de-
cision of the previous year, declared imconstitutional the second
section of the antitruck law compelling the. redemption of store or-
ders in money (Leach v. Missouri Tie and Timber Co. 86 S. W. 579).
Elansas made it a misdemeanor to defraud a miner by tampering
with the check ntunber of his car ('05 ch.214) and Massachtisetts
amended its statute regxilating the system of fines in textile factories
by requiring the employer to furnish to the operative the specifi-
cation of work and prices within three days instead of seven days,
etc. ('05 ch.304).
The average wage earner requires nearly all of his earnings for
the maintenance of his family and lays by little money for the
emergencies of illness, accident, lack of emplo)rment, etc. To
meet such emergencies he must borrow where he can, pledging his
future wages as security. His necessities make him a prey of
"loan sharks" who in one way or another exact exorbitant interest
despite usury laws. In recent years many states have legislated
to protect wage earners in such emergencies, the usual method
being to reqtiire more publicity. Thus Connecticut ('05 ch.78)
makes assignments of future wages or salaries invalid without a
certificate of acknowledgment containing particulars as to the
term and the amount of the loan, the rate of interest, etc. In
Minnesota the statute ('05 ch.309) further requires written notice
of the assignment to be given within three days to the employer,
whose consent is made necessary to the validity of the assignment.
Wisconsin ('05 ch.148) adds a new section to the statute which
requires the assignment of wages by a married man to be signed
also by his wife and this requirement is foimd in the new Illinois
statute ('05 p.79), which makes service of notice upon the employer
necessary to its validity. Massachusetts also enacted an assign-
ment law in 1905 (ch.308), while Texas imposed an occupation tax
of $5000 a year upon all persons "engaged in the business of taking,
purchasing or procuring assignments or transfers of wages not earned
or not due and payable at the date of such assignment or transfer"
C05 ch.iii).
3l8 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I9OS
Employment offices. In 14 states public emplo3rment bureaus
exist for bringing together workmen seeking emplo)ncnent and em-
ployers desiring help. In 1905 the Legislatures of Michigan and
Minnesota enacted legislation for the creation or maintenance of
such offices. The Michigan act ('05 ch.37) directs the Commissioner
of Labor to establish a free emplo)rment bureau in each city of
50,000, thereby confirming and amplifying the work he had pre-
viously done under his general powers. Minnesota, which had
previously authorized certain coomties to maintain free employ-
ment offices, now appropriates $1750 ('05 ch. 316) for the estab-
lishment of a state bureau in one of the large cities (Minneapolis).
The recent statistics of the offices are as follows (Mass. Labor
Bulletin, March 1906):
8TATBS HAVING PRBB BM-
PLOYMBNT OFFICBS
Applica-
tions for
help
Applica-
tions for
sitviations
Positions
filled
Percent- |
iSSions ;p^;-s**
filled to I «»'«
applica-
tions for
situations
each
tion
SuS
Connecticut
Illinois
Kansas
Maryland
aMichigan
Minnesota
Missouri
Montana (Butte)
Nebraska
New York
Ohio
Washington (Seattle).
West Virginia
Wisconsin
Totals.
10 116
44 577
722
263
14 204
II 653
4 072
30 508
2 008
16 462
II 730
45 323
5 706
451
13 948
13 555
6 032
24 132
2 239
15 602
8 694
39 598
5 712
122
4 994
8 400
10 274
4384
21 203
20 558
I 711
15 587
74.12
87.37
100. II
27.05
60.22
75.79
'72!68
87.86
76^42
99.90
134 585
138 718
bus 685
83.40
$1.03
.80}
.24
'Mi
X.18
.85
.0636
•34
oOffices created hy laws of 1905.
6Not including Minnesota or Was
ashington.
Three states amended the statutes which regulate private em-
plo)nnent agencies. It will be remembered that the Supreme
Court of California last year held unconstitutional section 4 of the
act of 1903, limiting the fee of an employment office to 10 % of
the first month ^s earnings in the position secured. The amend-
ing act of 1905 (ch.145) repeals section 4, but makes it unlawful
for emplo)nnent agents to induce or engage an employee to take
a new position by any form of misrepresentation and requires
WEBER LABOR 3I9
them to reftind fees whenever any of their representations "shall
prove to be in any material degree at variance with or short of
the truth." Connecticut amends its law to introduce the precise
limitation that was declared tmconstitutional in California,
although it is more liberal than the former limitation of the fee
to $2 ('05 ch.271). Connecticut also exempts teachers agencies
from the payment of license fees ('05 ch.148). The Missouri
amendment ('05 p. 129) strengthens the law by making decep-
tion pimishable and by requiring the refunding of fees where a
position is not obtained for the applicant within three days, instead
of a ** reasonable time."
Strikes, blacklists, boycotts etc. Relatively little legislation on
the subject of labor disputes is found among the statutes of 1905.
Utah ('05 ch.i6) enacted the common statute against intimidation,
making it a crime to threaten bodily harm or the destruction of
property for the purpose of preventing any person from being
employed. Colorado enacted a trade dispute law ('05 ch.79)
which outlaws picketing or patroling and boycotting as well as
blackHsting. In the first mentioned case the prohibitions seem to
be so sweeping as to deny the constitutional freedom of speech,
but the prohibition of blacklists is qualified by the proviso that it
shall not prevent a former employer "from imparting a fair and
unbiased opinion of a workman's qualifications when solicited."
Nevada also enacted a law against blacklisting ('05 ch. 150), which
provides a penalty for a person convicted of blacklisting or pub-
lishing any discharged employee with the intent of preventing
such employee's engaging in similar employment, or of conspiring
or contriving by correspondence or otherwise to prevent such
employee from procuring employment. But the act does not
prohibit the employer from giving upon application a "truthful
statement of the reason for the discharge," and provides that such
written cause of discharge shall not be used as the catise for an
action for Ubel. A Missouri statute ('05 p. 178) makes it the duty
of a corporation, under penalty of the law, to issue to a discharged
employee, upon request, a letter "setting forth the nature and
character of service rendered by such employee and the duration
thereof, and truly stating for what cause, if any, such employee has
quit such service." California ('05 ch.70) has eliminated from its
civil code the prohibition of enticement of a servant from his master.
New Mexico, on the other hand, imposes a penalty on a workman
who obtains money or goods in advance and fails to perform the
work agreed upon ('05 ch.37).
New York State Education Department
New York State Library
REVIEW OP LEGISLATION IQOS LEGISLATION BULLETIN 29S
CHILD LABOR LEGISLATION*
BY SAMUEL MCCUNE LINDSAY PH.D., SECRETARY OP NATIONAL CHILD
LABOR COMMITTEE AND PROFESSOR OP SOCIOLOGY, UNIVERSITY
OP PENNSYLVANIA
The year tinder review is perhaps the most notable in the history
of child labor legislation in the United States. Not less than 22
states and i territory passed laws regulating in some way the em-
ployment of children. The ftill text of these laws has been pub-
lished in Bulletin 62 of the United States Bureau of Labor
(January 1906). Only two states (Georgia and Nevada) have no
child labor law in the proper sense of the term. Of the territories
belonging in the same category, the District of Columbia is the most
notorious in lagging behind in the general movement for the legal
protection of childhood that has swept over the entire coxmtry
within the past decade, and the most fruitftil achievements of
which have been accomplished since the organization and persistent
agitation of the National Child Labor Committee formed in April
1904.
Of the 23 statutes referred to above, two gave to their respective
states (Delaware and ICansas) for the first time a comprehensive
child labor law; 10 (California, Connecticut, Massachusetts, Michi-
gan, New York, Oregon, Pennsylvania, Rhode Island, Vermont and
West Virginia) were amendments to existing child labor laws which
raised the age of protection, extended the scope of the law to new
occupations, or provided for stricter enforcement. Three statutes
(Missouri, Washington, Wisconsin) were in reality amendments
to the school law though they contained provisions relating to
emplo)rment as well; three (Illinois, Indiana, Montana) raised the
age of emplo)rment^in mines. There was also a statute in Pennsyl-
vania not included in the above 23 and separate from the factory act
regulating the employment of children in and about anthracite coal
mines. Two statutes (Indiana, New Hampshire) regtilated the
'See also Governors Messages and Index of Legislation, 2 118.
322 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
number of hours children may be employed; two (Maine, New
Hampshire) forbade children of specified ages engaging in danger-
ous or immoral exhibitions, selling liquor, begging etc. The
Hawaii law related only to the emplojrment of minors where
intoxicating liquors are manufactured or sold. Georgia and North
Carolina enacted laws making parents punishable as vagrants if
they are able-bodied and live in idleness off the earnings of their
children.
The age standard. There is now observable a very general
tendency in the Northern and Western States to prohibit the
employment of children for wages, except in domestic service and
farm work, under 14, and in the Southern States under 12. This
is frequently accompanied by the further prohibition of night
work (between the hours of 7 or 9 p. m. and 6 or 7 a. m.) to children
imder 16 in the North and West and 14 in the South. The 16 year
standard also very generally applies to dangerous occupations
and to work tmdergrotmd in mines at all hours.
During 1905 California ('05 ch.i8) raised the age of prohibition
from 12 to 14 for practically all occupations employing children
but gave the judges of the juvenile courts, or of the superior county
courts where there are no juvenile courts, the power to issue tem-
porary permits to children of 1 2 in cases where after investigation
by a truant officer or other competent person appointed by the
judge it is shown to the satisfaction of the court that the parents
are incapacitated for labor through illness. Children of 12 are
also permitted to work during the school vacations upon presenta-
tion of a principal's certificate of attendance at school during the
preceding term, but no child under 16 may be employed during
the hours the public schools are in session unless he can read and
write English or attends night school. Various kinds of farm
labor and domestic service are specifically exempted and the
entire law is much weakened by its exceptions, most of which have
been tried in other states and foxmd to be bad.
Delaware is removed from the black list of states having no
standard by the statute ('05 ch.123) making 14 the legal age for
employment in any factory, workshop or establishment where
the manufacture of any goods whatever is carried on. Two ex-
ceptions are made: the act does not apply to canning and pre-
serving industries, agricultural business or the manufacture of
fruit and berry baskets, and the factory inspector may except any
child of any age in any occupation who is a means of support and
maintenance of a widowed mother. The latter is a very bad and
LINDSAY CHILD LABOR 323
tinnecessary exemption, placing as it does the burden of poverty
on the shoulders of a child under 16 instead of on the community
at large, which is much better able to bear it, and opening the door
to possible abuses of the over-generous intent of the Legislature.
A similar provision exists in the laws of several states. Kansas
(*os ch.278) raised her age standard from 12 to 14 for factories,
packinghouses and mines, and to 16 for employment kt any
occupation or place dangerous or injurious to life, limb, health
and morals. The latter proviso will probably be ineffective because
there is no general judicial interpretation of dangerous emplojrments
and the Illinois statute ('03 p. 187 §11) enumerating them is
capable of better enforcement. Michigan ('05 ch.171) made the
14 year standard applicable to offices, laundries, bowling alleys,
telegraph and messenger service, which were not covered before
in that state but are regulated in many other states, notably
Massachusetts, New York, Illinois, Pennsylvania etc. New
York ('05 ch.493) made it possible to enforce her age standard
by requiring the employer to furnish the evidence of age required
by law upon the demand of the Commissioner of Labor or health
officer in the case of a child apparently tmder 16 without a cer-
tificate, thus placing the burden of proof on the employer and
not on the administrative officer. This is a new step in advance
of legislation in other states and works well. A wider latitude
and some discretionary power was given to health officers in accept-
ing record evidence of age when issuing employment certificates
(N. Y. '05 ch.siS). The regulations of the newsboys* traffic were
extended with same age limits to cities of the second class (N. Y.
'05 ch.519). Pennsylvania ('05 ch.226) raised her age standard
from 13 to 14 and widened the scope of occupations to include
practically all industries employing children except farm labor
and domestic service, which together with coal mining (covered
by separate mine laws) are expressly exempted. Night work
(9 p. m. to 6 a. m.) is prohibited to children under 16, except in
occupations (practically intended to cover glassworks) where
there is a continuous process and material (not children) may be
endangered by cessation of work, and during 20 days preceding
Christmas in retail mercantile establishments. Rhode Island
('05 ch.i2is) changed the age standard from 12 to 13 to become
fully effective January i, 1906, and to 14 to become effective Jan-
uary I, 1907, and also prohibited night work (8 p. m. to 6 a. m.)
to children under 16, except for mercantile establishments on
Saturdays and four days preceding Christmas. Vermont reenacted
324 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
('04 ch.155) the 12 year standard but requiied a child to be 15
to work during school hours or after 8 p. m., and to be 16 unless
it has attended school 28 weeks during the current year and has
a school certificate to that effect. West Virginia extended ('05
ch.7s) her 12 year standard to mercantile establishments unless
the employment does not interfere with regular school attendance.
Governor Glenn of North Carolina urged in his message that the
12 year standard in that state be increased to 14 for illiterates as
an incentive to school attendance in mill districts, but a bill to do
this, and also including all girls under 14 whether illiterate or not,
was killed by committee. Governor Utter of Rhode Island re-
conmiended the same age standard for emplojrment as for school
attendance and the giving to factory inspectors the same powers
to require proof of age as now possessed by school attendance
officers, which will be practically the case when the child labor law
already referred to ('05 ch.1215) becomes fully operative. The
lower house of the Georgia Legislature passed a bill which was lost
in the Senate by six votes, to enact the 12 year standard. In
the Florida Legislature a bill embodying the 12 year standard
passed both houses but was amended in one hotise and the con-
ference report was not acted on at the time of adjournment.
The age standard for employment in mines. In the more ad-
vanced states no women and no males under 16 are permitted to
work in mines and no males under 14 in coal breakers, collieries or
aroimd outside workings of mines.
Pennsylvania raised her standard of age in 1903 but the act was
defective and declared unconstitutional; it was reenacted in 1905
('05 ch.222) but refers only to minors, fixing the above age limits.
It also required emplo)rment certificates based on record evidence
of age and educational qualifications, but these sections of the
law (§3-11) have been held imconstitutional (see CoViett v, Scott,
Superior Court of Pa. April 1906). Sections i and 2, how-
ever, which prescribe the above age limits and fix a penalty for
violation, still stand. Illinois ('05 p.326) prohibits all women
and boys tmder 16 (the previous law was 14) from doing any manual
labor in or about a mine. Missouri ('05 p. 23 7) raised her standard
from 12 to 14 and prohibits females of any age from entering any
mine to work therein, and also reqxiires ability to read and write
of all boys under 16 as a condition of emplo3rment in mines. These
provisions do not apply to coal mines less than 100 feet in depth.
Montana ('05 ch.i6) prohibits emplojrment of all minors imder 16
LINDSAY CHILD LABOR 32$
in mines having underground workings, and Indiana ('05 ch. 50)
fixes the age for employment in mines at 14 for males and prohibits
emplojrment of females at any age.
Employment certificates. The employment certificate is the
most effective instrument of enforcement. It certifies to the age
and qualifications (physical and educational) of the child and is
usually required for a period of at least two years after it has at-
tained the age at which legal employment may begin. It is a
feature of child labor legislation that may be said to be still in an
experimental stage and often presents difiiculties because it pre-
supposes necessarily the existence and friendly cooperation of two
sets of state ofiicials, the factory inspectors and the school authori-
ties.
California ('05 ch.i8) empowers the city or county superintendent
of schools or his deputy to issue age and schooling certificates, which
become the employment certificates filed by the employer, on record
evidence of age as furnished by the last school census, the certificate
of birth or baptism, the public register of birth or in same otiier
manner. Where there is no cotmty or city superintendent the local
school trustees may appoint a deputy and the superintendent or
principal of any school of recognized standing may issue certificates
for pupils of such schools. This latter proviso covers children
attending sectarian or parochial schools. The person applying for
the certificate mtist swear to the facts stated in it and the issxiing
authority must certify that said applicant can or can not read and
write English. Also the parent or guardian must sign the age
certificate and a false statement is made a misdemeanor. Con-
necticut ('05 ch.iis) amended its certificate requirements by giving
the State Board of Education power to investigate the evidence of
age of foreign-bom children and to accept evidence satisfactory to
it and issue certificates accordingly. Formerly the registrar of
births or the town clerk had this power, which is now placed in one
central state authority, whose secretary and agents are given power
to administer the necessary oath. The fee of 15 cents for recording
a birth and a like amount charged the parent or guardian for a
certificate of the record are abolished or omitted from the amended
statute. Delaware ('05 ch.123) requires a certificate for children
from 14 to 16, showing school attendance of 12 weeks, consecutive
as far as possible, from the teacher, and a sworn statement of age
from the parent or guardian. In Illinois the new mine law ('05
p.326) simply requires an affidavit of age from parent, guardian
or next of kin, sworn to before a justice of the peace or notary
326 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
public, which offers no guaranty whatever against falsification,
though the factory act requires a very strict certificate with record
evidence of age and physical and educational requirements. Kan-
sas ('05 ch.278) requires first a school record of age from the teacher
or member of the school board, and when impossible to secure this,
then the affidavit of the parent or guardian suffices.
Massachusetts ('05 ch.213) ceases to enumerate the last school
census as satisfactory evidence of age, but admits imder oath other
than public record evidence, and in another act ('05 ch.267) stiffens
the educational requirements for those children between 14 and 16
who can not read and write legibly simple sentences in the English
language by withholding the employment certificate entirely
instead of requiring them to attend night school to make up the
deficiency, which was found ineffective and only an additional
hardship imposed on the working child. Michigan ('05 ch.171)
makes it possible for a foreign-bom child between 14 and 16 not
having been a resident of the United States for three years prior to
the application for a permit to obtain a certificate upon proof of
ability to read and write. New York ('05 ch.518) has broadened
the requirements for the employment certificate by allowing other
than record evidence of age to be accepted in the discretion of the
issuing authority when the school record and affidavit are filed,
and it appears that the child is in fact over 14 and satisfactory
docimientary evidence can be produced which, however, does not
fall within the previous requirements of the law. Missouri ('05
p. 1 46) requires a certificate showing school attendance during
the period required by law before a child under 14 may be legally
employed. Oregon C05 ch. 208) added a prescribed form of em-
ployment ticket and age and schooling certificate to its law. The
certificate may be issued to a child of 14 to 16 only after it secures
from the Board of Child Labor Inspectors a ticket giving name and
description signed by intending employer stating nature of occu-
pation. The certificate is issued by the superintendent of schools
or his deputy and states that the evidence of age is satisfactory
and that the child can read and write English, has normal develop-
ment and is physically sound and able to perform work which he
intends to do, has regularly attended school 160 days during the
year previous and has received instruction in reading, sp>elling,
writing, English grammar and geography, and is familiar with the
fundamental operations of arithmetic to and including fractions.
The Board of Inspectors of Child Labor may issue permits to chil-
dren between 12 and 14 to work during school vacations. Penn-
LINDSAY CHILD LABOR 327
sylvania ('05 ch.226) requires a certificate similar in its educational
features to that of Oregon and practically the same as the present
New York law except that in comparison with Oregon it should be
noted that only record evidence of age is admitted and further
that it does not prescribe the number of days of previous school
attendance but does prescribe that where satisfactory record evi-
dence of age is lacking then and only then is the child required to
have had instruction in the subjects enumerated and to have com-
pleted the course of study in the common schools as laid down
for the first five years or a course equivalent thereto. This is the
so called alternative requirement which in the mine law ('05 ch.222),
whose certificate is identical, the Superior Coiut has ruled to be
unconstitutional. The Attorney General of the state has given
an ofiicial opinion to the Factory Inspector to the effect that this
same reasoning applies to the factory act which would render the
educational provisions of its certificate null and void. The intent
of the Legislature may not be clearly expressed, but no imequal alter-
native standard is in reality required because the law clearly says in
section 6 that a prerequisite for all certificates shall be that the
applicant has complied with the educational laws of the common-
wealth which if it means anything would certainly mean that on
the average a child required to attend school at eight years of age
would have completed at least five of the six years* course between
8 and 14. Rhode Island ('05 ch.1215) introduces a certificate into
its law to be issued by the school committees and requiring record
evidence of age but no educational qualifications. Vermont ('04
ch.155) requires a certificate for children imder 16 showing attend-
ance at school 28 weeks during current year as a prerequisite to
legal employment in any mill, factory or workshop. Washington
('05 ch.162) requires a certificate of school attendance from school
superintendent for all children tmder 15 legally employed during
the time when the public schools of a district are in session and
exemption is granted from full attendance only to those physically
or mentally unable to attend or to those who have an equivalent
education to that given in the first eight grades of the public
schools.
To summarize the legislation of the year with reference to certifi-
cates, we may say that several states have introduced some form of
certificate as an aid to the enforcement of both the child labor and
compulsory education laws, that Massachusetts alone has made
her existing certificate reqtiirements more rigid and that several
states have made them more elastic. The certificate presents many
serious problems not yet solved in practical experience.
328 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
r Hotirs of labor and regulation of night work. The legislation
of several states during the year either reenacted or amended the
requirements concerning the hotirs during which children may be
employed.
California limits work for children under 18 to 9 hours a day and
54 a week and prohibits -work from 10 p. m. to 6 a. m. for children
under 16; Delaware, tmder i6, 9 hours a day and 54 a week; Indi-
ana, under 14, 8 hours a day; Massachusetts, under 14, in all
employments night work is prohibited from 7 p. m. to 6 a. m.;
Michigan, imder 16, night work is prohibited from 6 p. m. to 7
a. m.; New Hampshire, tmder 18, 10 hotirs a day, 60 a week and
in Jtily and August only 58 hotirs a week is allowed; Oregon,
tmder 16, night work from 6 p. m to 7 a. m is prohibited, being an
amendment to the law which forbade night work from 7 p. m.
to 6 a. m. In Pennsylvania, for children under 16, 12 hotirs a day
and 60 a week is allowed except on Saturdays and 20 days before
Christmas in retail establishments; when night work is allowed
the maximtim day is 10 hotirs and in excepted industries where
work at any season between 9 p. m. and 6 a. m. is allowed the
maximtim is 9 hotirs. Night work is prohibited for children tinder
16 between 9 p. m. and 6 a. m. except in glass works and fotindries.
Rhode Island prohibits night work from 8 p. m. to 6 a. m. for
children tmder 16 except in retail establishments on Saturdays and
four days before Christmas. Vermont prohibits night work for
children tinder 15 after 8 p. m.
A limitation of hotirs per day and per week are both necessary
and desirable to safeguard child labor.
Miscellaneous provisions and comments. Governor Higgins of
New York called attention to lack of. rigid enforcement in his
message and the same charge belongs even more appropriately
to nearly every state that has any child labor legislation than it
does to New York, which together with Massachtisetts and Illinois
has taken the lead in earnest efforts to carry out its existing laws
for the protection of childhood. Wisconsin ('05 ch.246) has given
truant officers the same powers as factory inspectors to visit fac-
tories and places where children are employed, and Governor Utter
recommended similar action in Rhode Island. Governor He5rward
of South Carolina recommended that all children from 8 to 13
be required to attend school a certain number of months each
year.
LINDSAY CHILD LABOR 329
No attempt has been made in the above discussion to stmmiarize
the existing laws on child labor in all the states or of all the laws
in any one state, but only to give a r6stim6 or comment on the
enactments of the year under review, and where old provisions
are mentioned it is usually because of their reenactment in con-
nection with new provisions of law. Some progress is being made
in several states toward a children's code or body of well coordi-
nated law bringing into closer harmony the cruelty acts, the educa-
tional laws and the child labor laws in the narrower and more
technical sense. There is still, however, much work to be done
before there will be anything like reasonable uniformity in the
child labor legislation even in groups of states which constitute
for practical purposes one industrial and economic area, and much
more experimenting must needs be .tried before adeqtiate provision is
made throughout the country for the reasonable protection of
the normal period of school life for the child and for its proper
entrance into the industrial life of Nthe nation with the requisite
credentials of health, education and fitness for success in its daily
toil.
New York State EducaUan Department
New York State Library
REVIEW OF LEGISLATION 1905 LEGISLATION BULLETIN 29!
ROADS*
M. O. BLDRIDGE, CHIEF OF RECORDS, OFFICE OP PUBLIC ROADS,
UNITED STATES DEPARTMENT OF AGRICULTURE
During 1905, 147 bills touching various phases of road admin-
istration were enacted into law by the Legislatures of 31 states.
A brief synopsis of over 100 of the most important of these
measures is given below.
A constitutional amendment providing for the expenditure of
$50,000,000 by the State of New York for permanent road im-
provement during the next 10 years has been ratified. In order to
receive this aid from the state the counties and townships will
be required to expend on these roads an equal amount. The
Pennsylvania Legislature has organized a state highway depart-
ment and appropriated over $6,000,000 to be expended during
the next six years on permanent road work. The cotmties and
townships will be required to pay for one fourth of the cost of
this work, which will necessitate their raising the additional sum
of over $1,500,000. The annual i^ate aid appropriation for New
Jersey has been increased to $400,000, while that of Connecticut
has been increased to $229,000. The states of Illinois, Idaho »
Michigan, Maine, New Hampshire and Washington have formally
adopted state aid laws and a state highway commission has been
created in Minnesota. It will be seen, therefore, that the prin-
ciple of cooperation between the states and the civil subdivisions
thereof is meeting with popular favor throughout the country^
and that appropriations for this work are greater and more numer-
ous than the most enthusiastic advocates of the plan ever con-
templated.
A large niunber of bills have been enacted in various states to
enable coimties and townships to increase taxes or issue bonds for
road purposes, while many important measures have been enacted
'See Governors Messages and Index of Legislation, 2700.
331
332 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
which provide systematic and businesslike methods of road adminis*
tration. Among the latter the most notable are the new supervisors
law of Pennsylvania, the county and township road law of Indiana
and the county supervision system of Oklahoma.
The use ,of motor vehicles has increased so rapidly that i8 states
have adopted measures which require that automobiles be regis-
tered, numbered and provided with lights, brakes, bells, horns or
other signals, and speed limits have been fixed so as to protect
the interest of other users of the highways.
California. An act was passed regulating the operation of
motor vehicles and an appropriation made of $20,000 to carry the
same into effect. The speed of such vehicles mtist not exceed x
mile in 6 minutes in thickly settled parts of cities or towns, i mile
in 4 minutes in all other portions of cities or towns and i mile in
3 minutes on country roads. Names of all owners and description
of their machines must be filed with the Secretary of State, who
furnishes an aluminum seal giving the number of each machine.
The registration fee is $2. Looal authorities may set aside certain
roads for speed contests and races to be conducted under proper
restrictions for the public safety. Franchises may be granted for
the construction of roads to be tised exclusively by horseless
vehicles.
An act passed March 22, 1905, provides for the construction of
a public highway from the General Grant park in FresAO county
easterly a distance of about 50 ndles to King's River canyon, and
appropriates about $25,000 for its construction. An appropria-
tion of $5000 was also made for guideposts to be erected on the
deserts in certain counties.
Connecticut. The anntial appropriation for state aid was in-
creased from $225,000 to $229,000 by an act approved July 13,
1905 (ch.232). Several amendments were made to the original
act, the most important of which are as follows: The Highway
Commission is authorized to build roads through towns provided
the towns fail to do so tmder the state aid law and the interests
of the state require such action in connecting trunk line roads
now under construction. The total cost to be paid by the state
for this work in any one year is not to exceed $25,000, but the
town's share for such improvement shall be deducted bom any
subsequent appropriation. The State Highway Commission jb
also authorized to employ, engineers to make surveys and prepare
plans.
ELDRITXSE ROADS 333
An act was passed reqtdring the registration and numbering
of motor vehicles and regulating their speed to i mile in
5 minutes in incorporated cities or towns and to i mile in
3 minutes on country roads. Nonresident owners of motor
cars who have complied with the reqtdrements of the motor
vehicle law of the state in which they reside and who shall display
on their cars the number of their machine and initials of their
state are allowed to use the public roads for a period of not to
exceed 15 days in any one year without registering.
Delaware. The state aid law was repealed ('05 ch.139) and an
act passed in its stead providing for state aid in Newcastle county.
The appointment of a Newcastle cotmty highway commissioner,
• experts, and other assistants is provided for. The Commis-
sioner is to investigate the best methods of construction and
maintenance, to prepare plans and specifications required by the
levy court and to superintend the construction of roads built tmder
this act. One half the cost of these roads is to be paid by the
state, the other half by the county.
An act was passed requiring the registration of motor vehicles
and limiting the speed to i mile in 7 minutes in built-up portions
of cities or towns and i mile in 3 minutes elsewhere. Nonresidents
may remain in the state 48 hours without having to register. The
registration fee is $2 and the license ntunber mtist be displayed on
the machine.
Florida. A motor vehicle law was adopted providing that
owners as well as chauffeurs must register, for each of which a fee of
$2 is charged. Speed of motor vehicles must be reasonable and
proper. Boards of cotmty commissioners may designate roads
for speed contests. Another act provided that in coimties where
hard roads have been built or may hereafter be built, two-horse
vehicles shall have tires not less than 4 inches wide; four-horse
vehicles shall have tires 6 inches wide; but where such vehicles
are used to hatil heavy loads the width of tires shall be 7 inches..
Those violating the law are guilty of misdemeanor. A third act
provided that road overseers may take materials for roads and
summon a jury to fix the value of same.
Idaho. An act approved March 8, 1905, provides for the con-
struction of a system •f wagon roads and trails in the moimtain^
regions and for the appointment of an intermountain wagon roadr
commission, to consist of three persons, of which the Governor shajil
be ex officio member and chairman. Roads constructed accord-
ing to this act are to be maintained by the cotmties in which they
are located.
334 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Illinois. An act approved May i8, 1905, provides for the
establishment of a state highway commission composed of three
persons to hold office for two years. This Commission is to investi-
gate and cany on experimental work in road btiilding, to determine
the best and most economical methods on road construction, and
to advise with local officials relative to the construction and
maintenance of roads and bridges. The Comimissioners are to
receive no compensation, but their expenses are to be paid. The
Commission is authorized to appoint a state engineer who is
to receive a reasonable salary and actual traveling expenses.
Clerical and other assistance is also provided for. The sum of
$25,000 a year was appropriated to carry out the provisions of the
act.
Indiana. Boards of county commissioners are authorized to
improve roads within their cotmties upon petition of a majority
of the adult resident landowners. The commissioners are required
to appoint a superintendent imder whose direction said roads are
to be built, the work to be done by contract. The cost of the roads
is to be assessed on all lands in proportion to the benefit derived
from the improvement. Bonds may be issued to cover the cost
of such roads provided the landowners agree to pay the same in
10 yearly instalments, with interest at 6%.
Section 65 provides that upon petition of 50 or more freeholders
and voters of any township, the boards of supervisors of the counties
are authorized to establish or improve any road within the town-
ship. The appointment of a competent civil engineer and two
viewers to pass upon the advisability of the improvement and to
prepare plans, specifications and estimates of the same is provided
for. Upon the approval of said plans and specifications by the
board of commissioners, an election is to be held at each voting
place in the township to determine whether the proposed road shall
be built. The work is to be done by contract and to be paid for
out of money received from the sale of bonds, payable in not less
than 10 nor more than 20 years. The board of commissioners
is authorized to levy a special tax upon all the property in the
township, including cities of 30,000 inhabitants or less, to pay the
interest and principal. It is also authorized to employ a compe-
tent superintendent to supervise the construction of such roads.
Bonds or other evidences of indebtedness are not to be issued for
any purpose in excess of 4% of the total assessed valuation of the
township in which roads are located.
ELDRIl^Ij: RO.\DS 335
Section 85 provide* that the commissioners of each county
constitute a board of directors for all free and improved roads,
under whose management and control all such roads are placed.
The coimty auditor is to be the clerk of such board and is to keep
all records and books thereof. The board of directors is to divide
all improved roads in the county into three equal districts, each
of such districts to be in charge of one director, who is to employ all
labor and make all contracts necessary in the improvement and
repair of roads in his district which the board may authorize. The
director may divide the improved roads in his district into sections
of not less than 10 nor more than 15 miles and appoint one super-
intendent for each district, who shall have charge of the main-
tenance of the roads in his division. In coimties which have free
gravel or macadamized roads maintained under the commissioners
acting as a board of directors, the board is authorized to levy an
annual tax on all property in the county for the repair of such
roads, of not to exceed i cent on each $100 of taxable property
for every 10 miles of free gravel or macadamized road in the
county.
Section 91 provides for the election of one supervisor in every
township, who shall hold office for two years and shall carry into
effect all orders of the trustees regarding the repair of all highways
and bridges in his township, and call out all persons liable to work
on highways, superintend labor thereon, etc.
All able-bodied male persons between 21 and 50 are required
either to perform not less than two nor more than four days' labor
upon the roads each year under the direction of the supervisor, or
furnish a substitute, or pay in lieu thereof $1.50 for each day that
he is required to perform road duty.
Section no provides that the township advisory board shall
levy a tax of not more than 30 cents on each $100 of real and
personal property in each township outside of cities and towns,
and that the township trustee may, with the consent of the town-
ship advisory board, levy an additional tax of not to exceed 10
cents on each $100 valuation, to be expended for the repair of roads,
bridges and culverts. Roads and bridges built imder this section
are to be by contract and the work is to be done by order of the
trustee.
An act approved March 6, 1905, provides that motor vehicles
be registered and numbered. Machines are to be supplied with
brakes and signals and are to be operated at a speed not greater
336 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
than 8 miles an hour in business sections of cities, nor more
than 15 miles an hour in other portions of municipalities, nor
more than 20 miles an hour elsewhere.
Kansas. An act approved March i, 1905, provides that the
township board, consisting of the trustee, clerk and treasurer of
each mimicipal township in the state, be made commissioners
of roads and highways of their respective townships, and that
all roads are to be under their control except those located in
cities of more than 600 inhabitants. The commissioners are
authorized to appoint one or more road overseers who are to
serve two years and receive $2 a day for time actually employed.
The commissioners are empowered to let by contract any road
work. A levy of not more than 5 mills on $1 on all the property
in the township is provided for out of which to pay for the con-
struction and maintenance of roads and bridges, such tax to be
paid in cash unless the commissioners agree that it may be
worked out.
Maine. An act approved March 24, 1905, provides for the
appointment by the Governor of a commissioner of highways
who shall be a civil engineer, and who is to receive an annual
salary of $2500. Actual traveling expenses, assistants and
clerks are also provided for. The commissioner is to compile
statistics and make investigations regarding the improvement
of the highways of the state and to disseminate information re-
garding the best and most economical methods of building and
maintaining roads and bridges. An act approved March 4,
1905, provides that towns may receive from the state one half
of the amoimt actually expended in the permanent improve-
ment of state roads, not exceeding $300 a year. This aid is not
to be extended to any town tmless it has expended at least $100
exclusive of and in addition to the amotmt regulsirly raised in
such town for highways or bridges, and not imtil the county
commissioners shall have inspected the reads so improved and
certified to the Governor and council the stun which the said
town is entitled to receive from the state.
An act approved March 24, 1905, provides that automobiles
shall be registered with the Secretary of State, for which a fee
of $2 is charged. The Secretary of State furnishes a plate to be
displayed on back of machine, bearing the number of the machine
and the name of the state. Upon the sale of any automobile its
registration expires.
ELDKIDGE RO^VDS 337
Massachusetts. An act approved April 20, 1905, provides
that upon transfer of ownership of a motor vehicle its registra-
tion shall expire and that the person in whose name it is regis-
tered shall return certificate of registration to the Massachusetts
Highway Commission. This act also provides that nonresident
owners of automobiles who have complied with the laws of their
own state may operate their machines in Massachusetts for a
period not to exceed 15 days without complying with the motor
vehicle law of the state. Manufacturers or dealers in automobiles
are reqtiired to obtain certificates of registration and to display
numbers assigned to them by the commission. Penalties for
violation are fixed at $100 or imprisonment for 10 days or both.
Cities and towns may make special regulations as to speed of
automobiles on particular roads, including their complete ex-
clusion therefrom.
Michigan. An amendment to the Constitution provides for
state aid in the improvement of public roads. A state highway
department was created ('05 ch.146) by the appointment of a
commissioner and assistants, whose functions are to instruct,
to inspect and to reward. A system of rewards by the state was
inaugurated, to be paid to townships and counties which build
gravel or macadam roads — $250, $500, $750 and $1000 a mile
according to the kind of road built, when the same has been
approved by the State Highway Commissioner.
Motor vehicles ('05 ch.196) shall be registered and provided
with lamps, and shall not be operated at a speed greater than 25
miles an hour and 8 miles an hour within the corporate limits
of cities and villages, the fine not to exceed $25 or imprisonment
not to exceed 10 days.
Minnesota. Section 16 of article 9 of the Constitution was
amended by changing the annual tax levy for improving roads
and bridges from one twentieth of a mill to one fourth of a mill
on all taxable property. A state highway commission of three
members ('05 ch.163) was provided for, to serve without compen-
sation. A state e'ngineer with salary of $1800 a year shall act
as secretary of the commission. In all counties having a popu-
lation of 150,000 or more ('05 ch.151) all road taxes are to be
paid in cash. The electors of the towns may authorize ('05 ch.64)
the issuance of bonds for road improvement. Such bonds shall
be payable within 20 years from the date of issue and shall not
bear more than 6% interest.
338 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Missouri. An act of 1905 amending article 13, chapter 151 of
the revised statutes of 1899 provides for the division of cotinties
into road districts with the same boundaries as school districts,
with a road overseer to be elected annually from each district.
The president and the clerk of the school board with the road overseer
constitute the board of road commissioners of each district. All
able-bodied male inhabitants between 21 and 50 must pay a poll
tax in money or labor at certain fixed rates. The cotmty courts
shall levy annually a tax of not less than 5 or more than 20 cents on
$100 of real and personal property. In all cotuities ('05 p. 2 79)
containing 120,000 and less than 175,000 inhabitants, the office of
supervisor of roads and road overseers is created for a term of two
years at $1800 a year. In all counties ('05 p. 143) having a popu-
lation of more than 150,000 and less than 400,000 inhabitants, the
county court shall annually set apart from the road ftmd derived
from licensing dram shops a simi sufficient to keep all the macadam-
ized roads in said county in good repair.
Montana. Motor vehicles ('05 ch.ioi) must not be operated
on the public highways at a greater speed than 20 miles an hour,
or within the limits of cities at more than 8 miles an hour. Any
violation of this act is punishable by fine not exceeding $100 or
imprisonment for a term not exceeding 60 days or both.
Nebraska. Motor vehicles ('05 ch.129) must be registered,
numbered and provided with brakes, signals and lights, and limited
to specified rates of speed. The violation of the provisions of
this act is made punishable by a fine not exceeding $25.
New Hampshire. An act approved February 24, 1905, provides
for state aid in road improvement. The Governor and council are
authorized to appoint and fix the compensation of a state engineer
and assistant. Section 3 provides that towns and coimties shall
set apart certain amounts for permanent improvement of highways*
varying inversely as the assessed valuation of property from 25
cents to |i on each $1000 of valuation. Section 4 provides that if
any city, town or place desires aid it shall set apart an additional
sum equal to 50% of the amount as above assessed. The Governor
and council are empowered to apportion to places desiring state
aid amoiuits varying from 20 cents to $3 for each $1 as assessed
in section 3 and raised for state aid, the proportion increasing
inversely as the assessed valuation of property. Upon application
of any town or place the Governor may furnish fr»B of charge the
services of an engineer for considtation and advice on road matters.
All work paid for out of joint funds shall be under spedficationt
ELDR1DGE ROAHS 339
issued by the Governor and council and shall be done by contract.
All highways made by means of the joint fimds shall be maintained
by the city, town or place in which located, in default of which
repairs will be made under the direction of the Governor and
council at the expense of the state and the cost added to the state
tax for that town or place for the next year. Section lo appro-
priates $125,000 annually for six years for the permanent improve-
ment of highways, amounts not used in any one year to be cumu-
lative. The state highways shall be constructed and maintained
and all necessary changes shall be made under the direction of
the Governor and cotmcil, the expenses to be paid out of the money
apprdpriated by the state tmder this act. The Governor and
council shall have surveys and plans made for all state highways
deposited with the Secretary of State.
New Jersey. An act approved March 27, 1905, authorized
the Board of Chosen Freeholders of any county to permanently
improve roads. They may require the townships through which
the road runs to pay 10% of the cost of improvement and cause
stu^eys and plans to be made which shall be approved by them
and the State Highway Commissioner. One third of the cost of
such roads is to be paid by the state. The state aid for any one
year is limited by law to $400,000, to be apportioned among the
coimties by the Governor and State Highway Commissioner.
The county expenditures for such roads are limited to one half of
1% of the ratables of the county. The appointment by the
State Commissioner of a county supervisor to take charge of the
work done under this act is provided for. The Boards of Free-
holders may issue bonds for two thirds of the estimated cost of the
work, which may run from 6 to 30 years with interest at the rate
of 5%. Roads constructed under this act must be maintained
by the Boards of Freeholders of the counties under the direc-
tion of the cotinty supervisor.
A comntiission of five citizens was appointed (joint resolution no.
2) by the Governor to investigate toll roads of the state with the
view of converting them into free public roads. The purchase of
toll roads was provided for by Boards of Freeholders subject to
approval of the State Commissioner of Public Roads ('05 ch.173).
The municipality in which the road is located may be required to
pay 10% of the cost of the part of the road lying within its boimd-
aries. One third is to be paid for by the state provided that the
amount so paid shall not exceed $50,000 in any one year.
340 N.. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
The motor vehicle law was amended ('05 ch.250). The act
requires registration and a general license number for manufac-
turers and dealers, the license number to be displayed on front
and back of machines; it provides also for lamps, brakes and
signals. The maximtmi speed limit is i mile in three minutes.
Various fines are imposed for violations.
New Mexico. The board of county commissioners may alter
or establish any road upon petition of 10 resident freeholders
('05 ch.124). Three viewers may be appointed by the county
commissioners to lay out roads, who may receive $5 a day. All
public highways hereafter laid out shall be 60 feet wide. All bridge
work in excess of $300 shall be let by contract. The board of county
commissioners shall divide their coimty into road districts and
appoint a road overseer for each. Every able-bodied man between
21 and 60 residing outside an incorporated town shall pay to the
road overseer a tax of $3 or shall labor on the roads three days.
New York. The Legislature psissed a constitutional amendment
providing that the state may bond itself for $50,000,000, $5,000,000
of which is to be available each year for 10 years for the improve-
ment of public roads. This was ratified by the people at the
November elections. The counties are to pay not more than 35%
and the towns 15% of the cost of highways built with this money.
An act ('05 ch.108) amended the highway law in relation to work-
ing the highways so that a town which has adopted the money
system can not again vote upon the question of changing its system
of taxation until four years have elapsed. The office of highway
commissioner may be aboUshed ('05 ch.209) in towns of more than
2 square miles and less than 14 square miles in area.
North Carolina, County commissioners are empowered to regu-
late the speed of motor vehicles ('05 ch.331) and make necessary
ordinances governing them. The penalty for violation is not to
exceed $50 or imprisonment not to exceed 30 days.
North Dakota. An act approved March 9 provides that the
township supervisors in the various counties shall have charge of
all roads and bridges. They are to divide the townships into road
districts and to assign to each district such inhabitants as are
required to perform road duty. They are also required to inspect
roads during May of each year and make plans and specifications
for all new roads, bridges and ctil verts and to make a detailed
report to the annual township meeting of all road work done.
On March 11, 1905, an act was passed providing for the levy of a
road tax of not less than z mill on the dollar on all property in
counties having a population of 2000 or more. In organized town-
ELDRIDGE ROADS 34I
ships funds derived from this tax are to be expended under the
direction of township boards of supervisors, but where township
organizations do not exist the funds are to be expended by the county
commissioners. A third act provides for the purchase or sale of
road-btiilding machinery by the township boards. A fourth act
limits the speed of automobiles to 8 miles an hour in cities and
towns and 35 miles an hour on the country roads. This law also
provides that automobiles must have lights and signals and that
drivers must stop their machines on country roads when requested
to do so by the drivers of vehicles drawn by animals. Fines for
violation of this act are fixed at not less than $10 nor more
than $50.
Oklahoma. On March 10, 1905, an act was approved which
provides that the voters of counties may decide at the polls whether
the system of county supervision of highways shall be adopted.
If this system is adopted the board of coimty supervisors shall
divide the county into road districts, no district to be less than 36
square miles in area nor to have a population of over 5000. A
coimty engineer is to be elected who is also to serve as coimty sur-
veyor. The coimty engineer shall have supervision of the con-
struction of all roads and bridges in the coimty and is to submit a
quarterly report to the board of coimty commissioners. The
board of supervisors shall appoint upon the recommendation of
the county engineer a road supervisor for each road district, whose
duty shall be to direct personally the construction or maintenance
of roads in his district and keep a record of all matters connected
therewith, and to report in writing to the coimty engineer at least
once a nionth.
A tax of not to exceed 5 mills on the dollar may be levied by the
county commissioners for the purpose of carrying out this law.
Such tax may be worked out at the rate of $1.50 a day and one
half of the funds so raised shall be expended by the board of county
commissioners and the other half by the townships from which it
was collected. An additional tax of 4 mills on the dollar may be
levied by the board of county commissioners for bridges. Any
work done under this act may, at the discretion of the board of
coimty commissioners, be let by contract provided the same is
done in accordance with the plans of the county engineer.
Oregon, An act approved February 10, 1905, authorizes the
county courts to permit the building of experimental roads in the
various coimties by the United States government under such
terms and conditions as such courts may deem just and proper.
342 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Another act provides for the registration and numbering of
automobiles, and that they shall be supplied with lights, brakes
and signals, and that their speed shall be limited to 8 miles an
hour in cities and i mile in two and one half minutes on country
roads. The provisions of this act do not apply to nonresidents who
have compUed with the motor vehicle laws of their own state.
The Legislature of 1905 passed a general act authorizing the
county courts to lay out, construct, relocate and maintain roads,
such work to be done by contract under the direction of the road-
msLster of the county, or such other competent person as may be
appointed for the purpose by the county court. . The roads are to
be paid for in 10 annual instalments by an assessment on all abutt-
ing property within 2 miles of the roads in proportion to the
benefits accruing to such property. Materials for roads may be
secured by condemnation.
Pennsylvania. An act approved May i, 1905 (ch.220) pro-
vides for the establishment of a state highway department, con-
sisting of one commissioner at $5000 a year, one assistant com-
missioner at $3000 a year, six civil engineers at $2000 each a year,
draughtsmen, clerks, stenographers etc. A system of cooperative
road building between the state, the coimties, the townships and
in some cases the boroughs, is provided for; 75% of the cost of the
roads to be paid by the state, i2j% by the county and i2j% by
the township. The state aid fund is apportioned among the coun-
ties or townships in proportion to road mileage. County roads,
when improved according to the standard fixed by the State High-
way Department, may receive the same aid from the state as state
highways. All state aid work is to be done by contract.' Ten per
cent of all state aid funds are to be used for maintenance of state
. highways and such other improved roads as have been built accord-
ing to the standard state specifications. This aid is distributed in
proportion to the mileage of said improved roads, but must not
• exceed one half of the annual cost of maintenance. To pay the
state's share for the construction and maintenance of these roads
$6,356,232.47 was appropriated: $856,232.47 for 1905, $1,250,000
for 1906, $1,250,000 for 1907, $1,500,000 for 1908 and $1,500,000
for 1909. The townships* share is to be paid for by a special cash
levy or by the issuance of bonds provided for by law.
An act approved April 10, 1905, provides that the State High-
way Department shall repair that portion of the old Cumberland
road which lies within the state and that no tolls shall hereafter
be collected thereon. An appropriation of $100,000 was made
for the purpose.
EI-DRIDGE ROADS 343
A general township law was passed ('05 ch.107) which pro-
vides for the election of three road supervisors in each township,
one to be elected each year, so as to have a continuous board. The
supervisors receive no salary, but their necessary expenses are paid.
A road tax of not to exceed 10 mills on the dollar shall be annually
levied by the supervisors. This tax may be increased to 10 ad-
ditional mills if the same is ordered by the Court of Quarter Ses-
sions and recommended by all the supervisors. Supervisors are
also required to assess a tax of $1 upon every taxable. In town-
ships which abolish the working out of the road tax and require
the same to be paid in cash the state agrees to pay as a bonus 15%
of the amoimt so collected. Supervisors are required to divide
the townships into road districts of not less than 5 miles of road to
each district and to employ a roadmaster, whose duty shall be to
work the roads himself and to oversee all road work in his district
according to plans and specifications of supervisors. Supervisors
are required to keep records and furnish annual statements of their
accoimts to the township auditors and to report annually expendi-
ttu^s for construction and repairs, mileage etc., to the State High-
way Department.
Motor vehicles ('05 ch.159) must be licensed, registered, pro-
vided with tags, lights, brakes and signals. A fee of $3 which is
used by the State Highway Department is charged for the license.
The speed lin^t is fixed at i mile in six minutes in cities and boroughs
and I mile in three minutes on country roads.
South Dakota, Motor vehicles ('05 ch.137) must be registered,
numbered and provided with brakes, signals and lamps. The
speed limit is fixed at i mile in six minutes in cities and 20 miles
an hour elsewhere. Nonresidents are not required to register
provided they have complied with the motor vehicle laws of their
own state.
South Carolina, A constitutional amendment which provides
that "The General Assembly may enact local or special laws con-
cerning the laying out, opening, altering or working roads or high-
ways, and concerning the providing for the age at which citizens
shall be subject to road duty, and concerning drainage," was
ratified February 18, 1905.
An act approved February 22, 1905, provides that all able-
bodied male residents of certain ages, tmless by law exempt, are
required to work a given number of days on the public roads.
The ages between which citizens are required to perform road
duties and the number of days each is required to work a year
344 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
varies in the different coimties. A commutation tax, varying
in the different cotmties from $1 to $2, may be paid in lieu of such
labor.
An act approved March 7, 1905, provides that motor vehicles
be supplied with brakes, signals and lights, and that the speed
limit on bridges, sharp curves, steep descents etc., shall not be
greater than 6 miles an hour, and at other places not greater than
is reasonable and proper.
Tennessee. Automobiles must be registered ('05 ch.173), num*
bered and supplied with the usual appurtenances. The rate of
speed shall not be greater than 30 miles an hour on streets or high-
ways. Local authorities are authorized to prescribe lower maxi-
mtun rates of speed within corporate limits of towns.
Washington, The appointment of a state highway commissioner
was provided f«r ('05 ch.174) at a salary of $2500 a year. He is to
have charge of the laying out, construction and maintenance of
state highways. The sum of $10,000 is appropriated to pay the
salary and expenses of the Highway Commissioner. An additional
sum of $10,000 is appropriated for the purpose of building roads in
Okanogan and Whatcom cotmties.
Another act which passed the House January 24, and the Senate
January 26, 1905, over the Governor's veto, provides for the
establishment and repair of certain state highways. A state
highway board, consisting of the State Auditor, State Treasurer
and Highway Commissioner, was also created. One half the cost of
roads built by the State Highway Commissioner is to be paid by
the state and one half by the counties.
Another act approved March 9, 1905, provides for the levy of
one fourth of i mill state tax for road purposes. Motor vehicles
must be registered annually ('05 ch.iS4) and supplied with signals,
lamps and brakes. The rate of speed must not be greater than
I mile in five minutes in villages or cities and i mile in two and one
half minutes elsewhere.
Wisconsin. An act approved May x6, 1905, provides that coun-
ties may pay one half of the cost of permanent rpads built in the
various townships, provided the same be constructed according to
certain standards stated in the bill. The funds for this purpose
are to be provided by a levy upon all taxable property in the
coimty.
Automobiles must be registered ('oj ch.3os) numbered and
supplied with brakes, lamps and signals. The limit of speed is
fixed at 12 miles an hour in cities and villages and 25 miles an hour
on country roads.
New York State Education Department
New York Stdte Library
REVIEW OP LEGISLATION I905 LEGISLATION BULLETIN 29U
TRANSPORTATION AND COMMUNICATION'
ALLYN A. YOUNG PH.D., ASSOCIATE PROPESSOR OP ECONOMICS,
LELAND STANPORD JR UNIVERSITY
The legislation of 1905 relating to transportation and communi-
cation was tmusual in amount and in importance. Of the 238
Statutes classed tmder this head 154 related primarily to railroads;
34 to electric railways, 3 to express companies, 3 to canals, i to
ferries, 27 to bridges, and 16 to telegraph and telephone companies.
A large ntunber of these acts are of primarily local interest or of
relatively little importance, many being for the purpose of filling
gaps in existing statutes or of stating more definitely the intention
of such statutes. Others merely fit existing laws to new conditions,
such as those brought about by the development of suburban and in-
terurban electric transportation and of the long-distance telephone.
Eliminating all such, however, there still remains a considerable
body of important legislation the dominant characteristic of which
is the exercise of the power of public control over such matters as
rates, services and provisions for the safety of travel. Without
presuming to pass judgment on the wisdom of any particular
regulation, the statement may be hazarded that the past experi-
ence of the various states in railroad regtdation has borne fruit in a
more definite comprehension of the precise ends to be achieved
by such legislation and a more careful piknning of the means of
attaining such ends. The legislation of the year, taken as a whole,
shows a marked tendency towards greater tmiformity in the laws
of the variotis states.
Railroads
Commissions. First in importance is the legislation relating to
state railroad commissions. Nebraska ('95 ch.233) provided that
at the general election of November 1906 a constitutional amend-
ment providing for a state railway commission shall be submitted
to the electors. The proposed commission is to consist of three
^ S^ also GovemorB Messages and Index of Legislation, 1 209^
345
346 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I90S
members, to be elected first at the general- election in 1906, the term
of office to be six years, and the powers and duties to include "the
regulation of rates, services, and the general control of common
carriers." The proposed commission may be regarded as succeed-
ing the Nebraska Board of Transportation, composed of five state
officers, which was abolished in 1901 on accotmt of a decision of the
Supreme Court of the state (60 Neb. 741) declaring that the act
creating the board had not been passed in a constitutional manner.
Kansas ('05 ch.340) thoroughly revised the statutes ('01 ch.286;
'03 ch.391) prescribing the organization and powers of the Board
of Railroad Commissioners. The Governor (instead of the Execu-
tive Council) is now empowered to fill vacancies in the elective
board and to approve the security for the bond of each commis-
sioner. The office of attorney to the board is created, the occupant
being appointed by the Governor. His duty is to prosecute and
defend in the name of the state all suits and proceedings in connec-
tion with the acts of the board and on behalf of parties complaining
of unjust discrimination or other violation of the act. This office is
a new departure in administrative procedure ; other state commis-
sions with rate-making powers are generally authorized to call upon
the Attorney General or other state's attorneys to prosecute stiits
for them. The provision that this officer is to represent the com-
plainants at the hearings of the board seems to emphasize the
inquisitorial rather than the judicial functions of that body. The
act also makes important changes in the provisions for court review,
in the definitions of discrimination, and in the penalties for violation
of the act.
Railroad commissions were created in Indiana ('05 ch.53), Wash-
ington ('05 ch.8i) and Wisconsin ('05 ch.362). Neither Indiana
nor Washington previously had a railroad commission. In Wiscon-
sin the new commission displaces a railroad commissioner with
limited powers, an office which had existed since 1870. Each of the
new commissions consists of three persons, appointed by the Gov-
ernor, who has also the power of removal. In this partictilar these
statutes show a healthy reaction from a recent tendency towards
elective commissions. The term of office is six years in Washington
and Wisconsin and four years in Indiana, the members retiring
successively. The three statutes agree in the provision that the
commissioners shall not hold any other office; Washington and
Wisconsin provide that they shall not be pectmiarily interested in
any railroad (Washington also specifies express companies); one
of the Wisconsin commissioners must have a "general knowfedge
YOt'NG TRANSPORTATION AND COMMUNICATION 347
of railroad law" and the other two must have a "general under-
standing of matters relatingto railroad transportation." The pow-
ers of all three commissions extend over steam railroads and express
companies. In addition the Indiana statute specifically includes
private car lines, fast freight lines, private tracks (operated in
connection with a railroad) and all ** common carriers on any
railroad" in the state, but exempts street and interurban railroads
except as to the supervision of the commission over crossings with
railroads. The Wisconsin law adds car companies, freight and
freight line companies, other common carriers over any railroad in
the state, and private tracks in so far as they are used by common
carriers; and exempts street and electric railroads engaged solely
in passenger transportation within the limits of cities, and logging
or other private railways not doing business as common carriers.
The most important power granted to the commissions is that over
rates and classifications. It is significant that none of these
statutes imposes the duty of framing a comprehensive classification
of freight and schedule of rates for the railroads in the state, but
that each commission has the more elastic power of altering particu-
lar rates or classifications. Such alterations are to be made in each
case after an investigation and hearing, instituted (in Washington
and Wisconsin) upon complaint or at the initiative of the commis-
sion. The Indiana law is weakened by the provision that the
hearing may be instituted only upon complaint of a person or cor-
poration ** injuriously affected." Each commission is empowered
to adopt its own procedure (with the provision in each case that
the hearings shall be open), to issue subpoenas for the attendance
of witnesses and the production of books and other documents
(enforceable through judicial order) . Notice of the hearing must be
given to the carriers affected (Indiana, 20 days ; Washington, 30 days ;
Wisconsin, 10 days). The rates fixed by the commission become
operative 20 days (in Indiana a longer period may be fixed by the
commission) after the service of the order upon the carriers. Each
of the laws provides for an appeal from the findings of the com-
missions to the courts. The carrier or other party in interest may,
not later than 90 days after the recording of the commission's action,
appeal from the findings of the Indiana commission to the Appellate
Court, the cause to be heard and determined upon a transcript of the
record of the commission's hearing. The court, whose decision is
final, may affirm, change or set aside the action of the commission.
In Washington an action in review may be taken by the carrier,
348 N. Y. STATE LIBRARY REVIEW OF LEGISLATION IQOS
not later than 20 days after notice of the order, to the Superior
Court of the state in the county in which the hearing before the
commission was held; from this judgment appeal may be taken to
the Supreme Court of the state. A dissatisfied complainant may
appeal within 30 days after the decision of the commission to the
Superior Court, which shall try the point complained of de novo.
By the Wisconsin law the railroad or other party in interest is
empowered to commence action in the Circuit Court (no time limit
being set) against the commission, to vacate an amended rate or
classi^cation alleged to be unreasonable. If new evidence is intro-
duced in the court hearing the commission may alter or rescind its
order; if altered, the amended order takes the place of the original
order in the court hearing. An appeal to the Supreme Court may
be taken within 60 days by either party to the action. In each of
the statutes tmder consideration it is provided that appeals from
the decisions of the commission shall take precedence of all other
civil causes pending in the courts. In Wisconsin the rates fixed by
the commission remain in force until found tmreasonable in an ac-
tion of the kind specified. In Washington the court may, pending
review, suspend the order of the commission, in which case a bond
to cover damages, penalties and possible excess charges is required
of the carrier. In Indiana the carrier is allowed to file bond to
cover damages, penalties and overcharges ; receipts being given to
shippers for payments under the rate in dispute, these receipts
becoming collectable for excess charges 30 dajrs after the decision
of the court. Each law provides that, the rates established by the
commission shall be regarded as prima facie reasonable and just,
tmless set aside by a court in an action of the kind specified.
The powers of the commissions extend to other matters, specifi-
cally mentioned in each law, but including in general such things as
car service, demurrage, trackage etc. In the Washington law
emphasis is placed on the regulation of station facilities. The new
Indiana board succeeds to the supervisory power over crossings
formerly vested in the Auditor of State. In each state the com-
mission has power to institute and apportion joint rates, though
in Indiana the commission has power to institute such rates only
when the railroads fail to do so. In each case the commission is
authorized to investigate interstate rates (in Indiana only on com-
plaint) and to notify carriers of violations of the interstate com-
merce law. In case such notification is not acted upon by the
carriers the state commission is to apply to the Interstate Commerce
YOUNG TRANSPORTATION AND COMMUNICATION 349
Commission for relief. Upon the Washington commission is placed
the duty of ascertaining the cost of construction and equipment
of each mile of railroad in the state; the same commission is also
empowered to investigate the salaries and wages paid by railway
and express companies. The Wisconsin law gives the commission
the task of ascertaining the construction and reconstruction costs
of the various roads, together with other pertinent financial statis-
tics. The information thus obtained is to be printed in the annual
reports of these commissions, which may also contain other statis-
tical information. The Wisconsin law wisely provides that the
blanks used by the commission in securing this information shall
adhere as nearly as practicable to the forms of the Interstate Com-
merce Commission. In each case the railroads are compelled to
furnish the desired information, and the commission is empowered
to inspect the books and papers of the railroads, as well as to com-
pel their production at any time and at any place within the state.
The Indiana commission is also authorized to issue an annual report,
but the law contains no specific provision for the collection of
statistics. An older Indiana law requires railroads to report
receipts and expenditures annually to the state auditor (R. S. '97
§5432). Finally, each commission is empowered to enforce all of
the laws of the respective states relating to railroads.
In addition to the clauses relating to the Constitution and powers
of the commission, each statute contains important provisions of a
restrictive nature. The most important of these relate to discrimi-
nations in rates. The Indiana law prohibits rebates, special rates
and discriminations, including imder the last caption undue or
imreasonable preference or advantage, failure to receive or trans-
port without tmreasdnable delay or discrimination, discrimination
between companies in the use of terminal facilities, charging more
for the long than for the short haul (unless authorized by the com-
mission). The Washington law, in prohibiting discrimination,
specifically includes rebates, tmdue preference or undue disadvan-
tage in rates or services to any person or locality. This statute also
contains a long and short haul clause, subject to exceptions at the
order of the commission. The Wisconsin statute prohibits rebates
and other methods of giving undue or unreasonable preference to
particular shippers, but does not contain a long and short haul
clause. Each of the statutes imposes penalties for discrimina-
tions upon both the corporation and its agents, and the Indiana
and Wisconsin laws impose penalties upon the party receiving the
rebate or other favor.
350 N. Y. STATE LIBRARV REVIEW OF LEGISLATION I905
A number of special statutes attach additional functions to
commissions already in existence. In addition to the general
revision of the Kansas commission law, described above, the Board
of Railroad Commissioners of that state was directed ('05 ch.540)
to investigate the charges made by railroads in Kansas as compared
with charges in Missoiui, Iowa, Nebraska and Texas, and to report
to the Gk>vemor within six months. The Kansas board is
empowered by another statute Co5ch.35i) to order, upon complaint
and investigation, the construction of side tracks and switches
for the use of mills or elevators situated on land abutting on the
right of way of any railroad and within J mile of a way
station. The Minnesota commission is empowered ('05 ch.279)
to prosecute on behalf of the state and at the expense of the state
any violations of the Interstate Commerce Law they may deem
of public interest, and to order ('05 ch.280) the maintenance of
safety devices at crossings of railroads with city and village streets.
By another Minnesota statute ('05 ch.176) railroads are prohibited
from making any change in their schedules of rates without the
consent of the commission, such consent to be granted only after
a hearing (except in the case of emergency rates). This is an
adoption of a suggestion in the message of Governor Van Sant, of
January 4, 1905. The same statute imposes upon the commission
the specific duty of keeping itself informed as to the practice of
granting rebates. Georgia ('05 p. 120) empowered its commission
to regulate the receiving, forwarding and delivery of freight, a
penalty being provided for the failure of the carrier to comply with
such rules as the commission may make on this subject. New
York (*os ch.728) increased the membership of the Board of Rail-
road Commissioners from three to five. The Railroad and Ware-
house Commission of Missouri were given ('05 p. 104, 108) additional
powers and duties with reference to train service and time cards,
and were empowered ('05 p. 113) to determine the cases in which
the amount of business tendered a road at local points justifies the
installation of a freight agent. California ('05 ch.423) amended
that part of its railroad commission law which relates to the
service, publication and time of taking effect of rates fixed by
the Board of Railroad Conmiissioners. The Illinois Railroad and
Warehouse Commission was given new powers in connection with
the administration of the new Illinois safety appliance law (de-
scribed below). Minnesota ('05 ch.122) reqtiires all wrecks and
casualties, and South Carolina ('05 ch.419) reqtiires all casualties
to be reported to their respective commissions. Oregon, which
YOUNG TRANSPORT ATION AND COMMUNICATION 35I
abolished its Board of Railway Commissioners in 1898, has now
constituted ('05 ch.225) the Grovemor, Secretary of State and
State Treastirer an ex olBScio board of arbitration, with power to
determine and apportion joint rates in case of the failure of the
roads concerned to agree.
The present status of state railway commissions in the United
States and the changes made by the legislation of the year are
indicated in the following table:
1904 1905
Number of commissions 31 33
Possessing power over rates 21 24
Appointed by governor 11 13
More than one member 25 28
Rates. Charges. Weights. Notwithstanding the generally im-
satisfactory experience of American states with the fixing of maxi-
mum freight rates by legislative enactment, several such laws were
passed during the year. Kansas ('05 ch.353) established a schedule
for the rates on illuminating oil, gasolene, fuel oil and crude petro-
leum in cans, barrels, tanks or tank cars. The rates are identical
for the various kinds of oil mentioned, as well as for the various
packages, with the exception that the rate on oil carried in tank
cars is figured by the maximum capacity of the car, while on the
smaller packages the rate is computed on the weight of package and
contents. Otherwise the schedule provides for a closely graduated
distance tariff, varying from 2.5 cents a hundredweight for less
than 6 miles to 16.5 cents for over 550 miles. For distances less
than 250 miles joint rates are slightly more than single line rates.
Missouri ('05 p. 102) substituted for a former section (R. S. '99
§1194) of her laws relating to freight rates three new sections, con-
taining maximum rates for six classes of freight in car-load lots,
graduated according to distance and size of car. Another statute
('05 p. 104) added another section fixing the maximum charge for
carrying im dressed stone, crushed rock, sand, and building or paving
brick in car-load lots at 45 cents a ton for the first 10 miles, 20 cents
a ton for the second 10 miles, and 5 cents a ton for each additional
10 miles. Two Washington statutes relate to the determination
of the weights on which charges for transporting lumber shall be
based. One of these ('05 ch.124) provides that the various appli-
ances used in equipping cars for the carrying of limiber shall be
considered part of the car, and that 1000 poimds shall accordingly
352 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
be deducted from the net weight. The other statute ('05 ch.126)
gives force to the above by requiring that all cars loaded with
lumber shall be weighed at some common point within the state.
Car service. Demurrage and storage charges. Kansas ('05 ch.
345), Missouri ('05 p. 109) and Oklahoma ('05 ch.io art. 2) passed
laws similar in purport and general character, as well as in the more
important details. The Kansas law amends and enlarges an earlier
statute (G. S. '01 §5982); the other two statutes replace rules and
regulations of the Railroad and Warehouse Commissioners of
Missouri and Oklahoma. In each case the penalty imposed upon
carriers for failure to furnish cars within the time after the request
of the shipper specified by the statute ; for failure to ship promptly
or to carry forward shipments at less than the prescribed speed
(50 miles a day in Kansas, 60 in Missouri and Oklahoma) ; for failure
to notify consignee on arrival, as well as for failure to place cars
promptly at an accessible place for imloading, is fixed at $1 a day
per car. The demurrage charged the shipper or consignee for
failure to load or imload promptly is also fixed by each statute at
$1 a day per car. Similar provisions are made, where appUcable,
with reference to package freight. North Carolina ('05 ch.545)
fixed the penalty for delay in transporting goods received for ship-
ment at $25 for the first day and $5 for each succeeding day for
car-load lots, and at half these amotmts for less than car-load lots.
Discriminations. Minnesota ('05 ch.177) declared the granting
or receiving of rebates or other favors imlawftd and provided penal-
ties for both carrier and shipper. A Nebraska statute ('05 ch.105)
states that railroad companies shall give equal facilities in the way
of elevator service, sidetracks and switches, and supply of cars, to
all shippers of grain; equal facihties are also to be given to all •
parties desiring to erect or operate grain elevators of not less than •
15,000 bushels capacity. Penalties are imposed upon railroad and
shipper for violation of the law. Certain provisions of the railway
commission laws of Indiana, Kansas, Washington and Wisconsin,
as previously noted, forbid discrimination.
Train Service. Connections. Missouri ('05 p.ioi) has eliminated
a provision of the law requiring reasonable passenger connections
(R. S. '99 §1210) which confined its application to "competing
companies." North Dakota ('05 ch. 152) exempted lines of less than
25 miles and all new lines for a period of five years from the require-
ment of the operation of daily trains. Oregon ('05 ch.225) author-
izes any road to construct connections to any station sidetrack of
another road and requires through traffic arrangements. Maine
YOTJNG TRANSPORTATION AND COMMUNICATION 353
('05 ch.127) amended its law relating to railroad branch tracks
(R. S. ch.51) so as to authorize the construction of branch tracks
to any station of another company. California ('05 ch.423) pro-
vides for forfeiture of charter for lapse of six months in operation,
operation being defined as the movement of one train a day with
passenger facihties. Roads above the 5000 foot level are exempted
from this requirement for the period from October 15 to May 15.
Nor is a road compelled to operate when the total earnings from
operation, including branch and trunk lines, are less than the
operating and maintenance costs. The railroad commission is
empowered to determine the existence of this last condition.
, Stations. Minnesota ('05 ch.208), Missouri ('05 p. 107), Nebraska
('05 ch.108) and Texas ('05 ch.133) required the provision of
specified facihties at stations, including toilet rooms (Minnesota,
Nebraska, Texas) and beating and lighting (Missouri, Nebraska).
The Nebraska statute also provides that all local passenger trains
shall stop at all stations. Another Minnesota statute (*os ch.287)
reqiiires that the time of the arriva^l of passenger trains be bulletined
at each station. Of a different nature is a Montana statute ('05
ch.26) which compels railways to maintain facihties for passengers
and for the shipment and delivery of freight wherever there is a
platted town site of record having not less than 100 inhabitants.
In this connection also may be mentioned a curious Oklahoma law
('05 ch.io artv4) to the effect that railways to be built or surveyed
in the future are prohibited from building within 3 miles of a coimty
seat, tmless they pass through it and estabhsh depot facilities.
Industrial sidetracks. By the terms of a Kansas statute ('05
eh. 350) persons desiring to erect or having erected elevators or
flouring mills of specified minimum capacity, situated not more
than one fourth of a mile from a regular way station, may request
the terms and conditions on which the railroad company will con-
struct and operate a sidetrack. The railroad has the option of
proffering another site upon its right of way. In either case, if
the parties fail to come to terms, the matter is adjudicated by the
Board of Railroad CJommissioners. This act is distinct from the
one C05 ch.351) mentioned above, conferring upon the board the
power to order the construction of industrial sidetracks. South
Carolina ('05 ch.480) requires railroad companies, upon request,
to construct sidetracks to establishments situated within one half
mile from the lines, the only alternative being proof to the State
Railroad (Commission that the necessity for such sidetrack does
not exist. The cost of construction is to be met by the establish-
354 N, Y. STATE LIBRARY REVIEW OF LEGISLATION I905
ment benefited, but this is to be reftinded by the deduction of
20% from its freight bills tintil the entire cost is thus repaid. Wis-
consin ('05 ch.386) included manufacturing plants in the list of
establishments enumerated in its industrial sidetrack law (R. S.
'98 §1802) and substituted location within one half mile of any
railroad or sidetrack for location within the yard limits of a station
as a condition of the applicability of the law. California C05 oh.
548) gave local legislative authorities the power to grant the right
of constructing and operating spur tracks to property owners
and proprietors of industrial establishments. Such grants must
be revocable.
Live stock. An tmustial amoimt of legislation relates to the
conditions under which live stock is to be transported. California
('05 ch.512) prescribed 36 hours as the maximum period of con-
secutive transportation of live stock without unloading for food,
water and rest; the period of rest to be at least 10 consecutive
hours. Florida ('05 ch.51) made the maximum period of con-
secutive transportation 28 hours, and also provided a maximum
of 3 hours for detention in the cars at destination. The Florida
law includes a requirement for the tise of cattle cars, at least 34
feet in length. Kansas C05 ch.354) and Nebraska ('05 ch.io6)
compel the furnishing of free transportation in both directions to
the shipper or his employee and to a limited number of assistants
in charge of stock shipments. The Nebraska statute provides
for the furnishing of adequate caboose facilities to such persons —
a purpose to which a separate statute is devoted in Kansas ('05
ch.346). Two other Nebraska enactments relate to the trans-
portation of live stock. One of these ('05 ch. 107) stipulates that the
minimum average speed of stock trains on main lines shall be 18
miles an hour, while on branch lines and from initial points to
division stations on main lines the minimum is fixed at 1 2 miles an
hour. The other statute ('05 ch.5) limits the time that shall be
consumed in switching, imloading and placing of stock in stock-
yards to one and one half hours, and imposes upon the stockyard
owners a penalty of $2 . 50 a car for each half hour's delay. Vermont
('04 ch.96) provided that upon the application of three shippers of
live stock, any two judges of the Supreme Coiui; shall appoint a
commission of three members with power to order the construction
of covered yards and the furnishing of running water.
Passenger rates. Montana ('05 ch.87) and Washington (05
ch.113) fixed the maximum passenger rate at 3 cents a mile, with
the exception that in Montana the law does not apply to independ-
YOCNG TRANSPORTATION AND COMMUNICATION 355
ent lines of railway operating wholly within the state. Violation of
the Washington statute is punishable by a fine of between $500 and
$1000 or by imprisonment for from six months to a year, or both,
together with an additional penalty of $200, of which one half is
to go to the passenger overcharged and one half to the school ftmd.
In Montana the penalty is a fine of between $50 and $500, divided
as is the extra penalty in Washington.
Passes. Wisconsin amended its already stringent law against the
giving or receipt of passes to or by members or employees of political
committees or candidates for or incumbents of public office C99
ch.357) by the provision ('05 ch.486) that "the term 'free pass'
shall include any form of ticket or mileage entitling the holder to
travel over any part of the line or lines of any railroad issued to
the holder as a gift or in consideration of any service performed
or to be performed by such holder except where such ticket or
mileage is used by such holder in the performance of his duties as
an employee of the railroad issuing the same." The need of this
legislation had been urged by Grovemor LaPoUette in his message
of January 12, 1905. A recommendation of antipass legislation
in the message of Governor Lapham of Texas (January 12, 1905)
was followed by action of the Texas Legislation ('05 p.412) sub-
mitting to popular vote in November 1906 an amendment to the
state Constitution (art. 3 §24) prohibiting the acceptance by public
officers of privileges from telegraph or telephone companies or
conmion carriers. Similar recommendations by the governors of
Indiana and Minnesota met with no legislative response. South
Carolina ('05 ch.44s) exempted the State Commissioner of Agri-
culture, Commerce and Immigration from the operation of its
law prohibiting the use of passes by public officials. North
Carolina ('05 ch.312) now specifically permits the exchange of
newspaper advertising space for transportation.
Mileage books. All passenger mileage tickets or books must be
transferable and good till used, by the terms of a Minnesota statute
('05 ch.22i). Vermont provides ('04 ch.95) for the sale at all
stations of transferable 500 and 1000 mile coupon mileage books.
Ticket scalping. Stringent laws designed to do away with ticket
scalping were passed by Oregon ('05 ch.231), Washington ('05
ch.180) and Tennessee ('05 ch.410). The Oregon and Washington
laws are practically identical and are only slight variants of a
tmiform antiscalping law that has been enacted in a number of
states. They provide that authorized ticket agents shall display
in their places of business certificates of authorization; they make
3S6 N. y. STATE LIBRARY REVIEW OF LEGISLATION I905
it a misdemeanor for a person without such certificate to sell
tickets, and require that railroads shall redeem tickets unused
in whole or in part. Tennessee prohibits the sale of non-
transferable tickets by other than authorized agents, specifi-
cally permits the sale of transferable tickets by original purchasers to
actual users, and provides for the redemption of unused tickets.
In this connection may be mentioned a decision of the Supreme
Court of Texas, under date of January 23, 1905 (Texas & P. Ry. Co.
V. Mahaffey, 84 S. W. 646) in regard to the constitutionality
of the antiscalping law of that state ('93 ch.73) which is in
most of its important essentials like the Oregon and Washington
statutes mentioned above. The Cotut of Criminal Appeals having
previously declared that the section of the law declaring the un-
authorized sale of a railroad ticket a penal ofEense was unconsti-
tutional (Jannin v. State, 51 S.W. 11 26), on accotmt of a proviso
not contained in the Washington or Oregon statutes, the Supreme
Court held in the case cited that the section compelling the re-
demption of unused tickets or portions of tickets was likewise
unconstitutional by reason of the dependency of the two sections.
Public safety. A large number of statutes may be classed under
this rubric. Some of these are aimed against inadequate precau-
tions on the part of railroads and their employees; others are
intended to protect the railroad from the destructive acts of other
parties. In the first class may be included a considerable ntunber
of statutes relating to grade crossings, although some of these
relate primarily to the public convenience rather than the public
safety. Michigan ('05 ch.128) increased the powers of its Railroad
and Street Crossing Board by the imposition of a penalty for the
construction of a railroad crossing without the approval of the
board. Missouri added ('05 p. 106) unincorporated towns and vil-
lages to the list of places where the railroads are required to con-
struct street crossings and erect signboards. A former provision to
the effect that nongrade street crossings shall be paid for by the
mimicipality is stricken out. California ('05 ch.124) prohibits the
construction of main track railroad crossings imless equipped with
an interlocking plant. Either railroad may demand the conversion
of an existing grade crossing to a nongrade crossing, except where
same is physically impossible, dispute as to this point being settled
by the superior court of the cotmty. Massachusetts ('05 ch.408)
increased the powers of commissions having in charge the matter
of nongrade crossings of steam railroads and street railroads. Two
Pennsylvania statutes ('05 ch.206, 232) tend to facilitate the sub-
YOUNG TR-VNSPORTATION AND COMMUNICATION 357
stitution of nongrade for grade crossings. One law provides that
the court of quarter sessions may upon petition authorize the
vacating of public highways at such crossings; the other empowers
railroad companies to change the location and grade of bridges
belonging to bridge corporations. Vermont ('04 oh. 93) requires
that all trees, shrubs and bushes on a railroad right of way shall be
cut for a distance of 80 rods in each direction from public grade
crossings. The same state ('04 ch.97) reqtiires electric cars to be
brought to a full stop and danger signals displayed at a crossing
with a steam railroad. Maine ('05 ch.94) reqtiires the locomotive
whistle to be blown at all grade crossings. Minnesota ('95 ch.280)
provides that upon petition of majority of common or city cotmcil
the State Railroad and Warehouse Commission may order the
maintenance of gates, flagmen or other safety devices at railroad
crossings on villages or city streets. The most comprehensive
statute of the year with reference to the use of safety appliances
was that of Illinois ('05 p.350). It requires train brake system,
automatic couplers and grab irons, and, in addition to imposing a
I)enalty of $100 for each violation, provides that employees injured
by locomotives or cars not equipped according to the statute
shall not be deemed guilty of contributory negligence. For the
better administration of the preceding statute another act (^05
p.349) provides for an inspector of safety appliances, to be appointed
by the Railroad and Warehouse Commission, under whose supervi-
sion he is to work. Texas ('05 ch.56) requires switch lights on all
main line switches, and derailing switches on all sidings connecting
with the main line on which cars are left standing. California ('05
ch.573) makes it a misdemeanor for a railroad employee to be
intoxicated on duty and a felony if death restdts from consequent
carelessness.
Among the second class of statutes to be classed under this
general head may be mentioned a number of laws relating to at-
tempts to derail or wreck trains, placing explosives or obstructions
on the track, train robbery, etc. (Cal. '05 ch. 494, 495, 496, s'73;
Del. '05 ch. 68, 205, 206, 207; Ga. '05 p. 86; N. M. '05 ch.41, 52;
Or. '05 ch.41; Mon. '05 ch.24; N. C. '05 ch.335; R. I. '05 ch.1217;
S. C. '05 ch.451, 492; Vt. '04 ch.151). Other statutes make mis-
demeanors of various kinds of trespass on railroad property (Ari.
*os ch.49; Ct. '05 ch.202; Mass. '05 ch. 208, 2 10; N. C. '05 ch.32).
Damages. Two important statutes relating to damages were
those of North Carolina ('05 ch.330) and Florida CoS ch.53). The
North Carolina law allows 60 days after the filing of the claim for the
358 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
pajrment of damages on intrastate and 90 days on interstate ship-
ments, with interest from the date of filing the claim, and imposes a
penalty of $50 for failure to pay within the time si)ecified. Florida
allows 90 days for payment and fixes the penalty at 25% a year.
The i)enalty is not to be recovered txnless (North Carolina) the
consignee recovers in action the full amotmt claimed, or tmless
(Florida) the judgment is greater than the amotmt offered by the
company. Missouri ('05 p.S3) now allows the plaintiff to join as
defendants all carriers handling a through shipment and to recover
directly from the one whose negligence c^iused the loss.
The Supreme Court of the United States (Central of Georgia Ry.
Co. V, Murphey, 196 U. S., 194) decided that sections 2317 and 2318
of the Code of Georgia of 1895, imposing upon common carriers the
duty of tracing lost or damaged through freight and of infonning
the shipper where and how the freight was lost or damaged (the
alternative being liability of the carrier in question) was, so far as it
applied to interstate shipments, in violation of the commerce clause
of the federal Constitution.
Incorporation and general powers. The development of electric
transportation is necessitating some changes in the general railroad
laws of various states. California ('05 ch.423) empowers persons
or corporations previously authorized to operate steam railroads
to use electricity or compressed air; but provides that in incorpo-
rated cities and towns or cities and counties having more than 5000
inhabitants, authority must be obtained from the local legislative
authority. Nebraska ('05 ch.40) gave to railroad companies oi^gan-
ized for st^am transportation the power to transmit over their right
of way currents of electricity "for the purpose of operating tele-
graph and telephone lines and for the purpose of supplying power
for the use of said railroad and the use of others." Michigan C05
ch.156) authorized railroad companies, including street railways, to
own and operate steamboats, barges and vessels tmder the restric-
tions imposed on other corporations owning and operating the same.
A New York statute ('05 ch.727) allows corporations to be formed
for the purpose of "bmlding, maintaining and operating a railroad
for use by way of extension or branch or cut-off of any railroad then
existing, or for shortening or straightening or improving the line or
grade of such railroad or any part thereof." The same statute
increases the powers of railway- corporations by providing that they
may make additions and betterments to subsidiary roads, and may
exercise the right of eminent domain for that purpose. North
Carolina ('05 ch.187) allows six (formerly 25) persons to form a
YOUNG TRANSPORTATION AND COMMUNICATION 359
railfoad corporation. Pennsylvania ('05 ch.184) allows railroad
corporations to acquire, own, pledge, sell or otherwise dispose of
the securities of water companies. Texas ('05 ch.109) gives to
terminal railway companies the powers of railroad companies,
except that they may not have a track more than 25 miles long.
Nevada ('05 ch.93) reduced the number of directors required to be
residents of the state from a majority of all to one.
California ('05 ch.425) repealed a section of its railroad law
(C. C. §494) authorizing any corporation owning a railroad in that
state to sell its property to any foreign or domestic railroad ; leaving
as the law on. this subject a statute ('03 ch.45) which authorizes
companies to sell their properties when authorized by the board of
directors and three fourths of the stockholders, but prohibits the
acquisition of competitive lines. The effect of this prohibition is to
a certain extent nullified by a statute ('05 ch'.423) which permits
railroad corporations doing business in the state to enter into con-
tracts as to lease or use in common of the whole or parts of other
roads.
Capitalization and indebtedness. A Utah law (R. S. '98 §443)
which allowed directors of a railroad corporation to issue preferred
or special stock or income certificates with the assent of the holders of
two thirds of the common stock and of two thirds of the security
primarily affected by the new issue, has been amended ('05 ch.29)
so that a maljority vote is sufficient in each case. Arizona ('05
ch.42) permits railroad companies to issue bonds and notes up to an
amount equal to the authorized capital stock. Connecticut ('05
ch.149) amended the laws of that state relating to the bond issues of
railroad and street railway corporations. Such bonds must bfe
registered in the office of the Comptroller and must not amount to
more than one half the sum which has been actually expended on
the road, as certified by the president, treasurer and an engineer.
Street railway companies organized before 1895 ate allowed to have
outstanding bonds to the amount of 75% of the stmi certified as
aforesaid. Kansas ('05 ch.344) makes some atonement for the
severity of its rate regulation by a seeming laxity as to financial
matters. This statute provides simply that any railway corpora-
tion organized under the laws of the state may issue and sell its
bonds or other evidences of indebtedness to such an amount as the
majority of the board of directors shall deem necessary. While it
is hard to justify the taking of so important a matter entirely out
of the hands of the stockholders, it is certain that the elastic pro-
vision of the Kansas law will fit the exigencies of modem corporation
360 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
finance better than the arbitrary restrictions of some of the other
states, restrictions which often rest on a mistaken analogy between
a railroad bond and a real estate mortgage. The very general
adoption of the car trust or equipment trust device for purchasing
rolling stock has led to the enactment in many states of substantially
tmiform laws on that subject. Such laws were enacted during the
year in Idaho ('05 p.iS4) and Utah( '05 ch.4). They provide that if
the contract takes the form of purchase, with payment in instal-
ments, title shall not vest in the vendee tmtil the final payment is
made. They also validate rental contracts with conditional sale.
It is provided that such contracts shall not be valid against subse-
quent judgment creditors or bona fide purchasers unless evidenced
by an instrument duly executed and acknowledged, which is to be
filed for record in the office of the Secretary of State; moreover, each
locomotive or car must have on it the name of the owner, lessor or
bailor, followed by the word "owner," "lessor" or "bailor." Col-
orado ('05 ch.129) amended its law on this point by limiting the
period for which title may remain with the vendor to 25 years and
providing that the situs of such property for purposes of taxation
shall be Colorado.
Construction. Right of way. Expropriation. While laws of this
character do not constitute as important a part of the anntial
budget of legislation as in earlier years, there were, nevertheless, a
considerable number of important measures enacted in X905.
Idaho, in two joint resolutions ('05 p.43S, 440) provided for the
submission of two constitutional amendments to the electors at the
next general election. If adopted these amendments will eliminate
the present provision of the Idaho Constitution against the loan of
public credit to individuals or corporations; will allow a n:iajority
(now two thirds) of the electors of a local subdivision to authorixe
the incurring of indebtedness; permit donations by such local
subdivisions to railroads or other works of internal improvement in
amount not greater than 10% (by two thirds vote 15%) of the
assessed valuation of any cotmty, and permit exemption from taxa-
tion of new lines of railroad for a period not exceeding 10 years.
Florida ('05 ch.224) encouraged the construction of a railroad from
the mainland to Key West by granting a right of way of 200 feet
on each side of the line through the land belonging to the state,
including submerged land. It is also provided that notwithstand-
ing heavy construction costs the assessment per mile of such a road
for purposes of taxation shall not be greater than the average assess-
ment per mile of other roads in Florida. Connecticut, in three
YOUNG TRANSPORTATION AND COMMUNICATION 361
Statutes ('05 eh. I, ^04, 126), permits railroad companies to exercise
tbe right of eminent domain in order to change the location of
canals and water courses; provides that a railroad shall not take
land without the consent of the owner except within two years after
the approval of the route by the railroad commissioners, and
specifies that railroads or street railway corporations shall not
acquire title to land by adverse possession. Nebraska ('05 ch.40)
made some changes in the prescribed condemnation proceedings
and extended the right of eminent domain to interurban railroads
using motive power other than steam. Nevada ('05 ch.144) ex-
tended to foreign railroad corporations the privileges already
granted Cos ch.146) to local corporations as to right of way on state
lands. West Virginia ('05 ch.41) authorized railroad companies
to take water not required by the owner and necessary for the use
of its engines, and to condemn land for wells, reservoirs, pumping
machinery and pipes.
Express companies
Delaware ('05 ch.isi).substituted for a previous requirement that
express companies should not increase their charges, a provision
making it tmlawful to charge more in Delaware than for like services
in Pennsylvania and Maryland. Florida ('05 ch.so) subjected
express companies to the same conditions respecting the payment
of claims for damages that have been described above in connection
with the Florida law relating to damage claims against railroads
('05 ch.53). Express companies are included in the regulations
of the new railroad commission laws of Indiana, Washington and
Wisconsin.
Street and electric railways
The rapid development of interurban, suburban and rural electric
transportation has necessitated corresponding changes in the
statutes relating to electric railways. In fact, the most noticeable
tendency of recent legislation on this subject is the extension of
regulations designed for steam railroads so as to include electric
lines, a tendency which sometimes takes the form of the enactment
of new legislation analogous to that already in existence with refer-
ence to steam railroads. From the administrative point of view
this tendency means the growth of central control of electric trans-
portation, but this growth is not at the expense of mimicipal ftmc-
tions, for there is no diminution in the powers of local authorities
over local franchises; in fact, what recent change there has been
in this particular has been in the direction of increasing such local
362 N. Y. STATE LIBRARY^ REVIEW OF LEGISLATION I9O5
powers. The fact is simply that for purposes.of regulation this new
field of electric transportation is being differentiated from the older
field of "street railways" and is being placed in a category more
analogous to that which steam railroads occupy. While there is no
diminution in the number of statutes relating to municipal fran-
chises, there is an increase in the statutes relating to such matters as
the right of way and the power of expropriation of electric railway
companies. As noted in the eariier pages of this review, many of
the laws of 1905 relating primarily to steam railroads include electric
railways in their provisions ; several laws giving to steam railroads
the right to use electric power have also been noted. In addition
a niunber of statutes relating primarily to interurban or rural
electric lines may be mentioned. Indiana ('05 ch.41) allows such
companies organized imder the general railroad laws of the state as
have availed themselves of the provisions of an act ('03 ch.150)
permitting them to operate as interurban electric railways, to haul
freight by steam. This action was necessary on accoimt of a pro-
vision of the act of 1 903 to the effect that no company should operate
as both an electric and a steam railway. Maine ('05 ch. 36) author-
ized street railroads to extend their lines to other cities and towns
on application to the railroad commissioner. Michigan ('05 ch.307)
made it the duty of the Commissioner of Railroads to order the con-
struction of farm crossings over the right of way and track of electric
railways. Another statute ('05 ch.127) makes his approval neces-
sary for the construction of a crossing of two street railroad com-
panies. North Dakota ('05 ch.153) permits coimty commissioners,
township supervisors, or town and village trustees to grant right of
way for electric or other railroads in public groimds, streets or high-
ways. Vermont ('04 ch.94) amended the. general street railroad
statutes of that state by making it the duty of the State Highway
Commissioner, in consultation with the local authorities, to deter-
mine the conditions of construction that shall be required of street
and interurban railroads in order to avoid damage to highways.
Several statutes relate to the power of expropriation. Michigan
('05 ch.133) added to the general law relating to the formationi of
street railroad companies a provision gi\dng such companies the
right of eminent domain, with the reservation of ore and n:iineral
rights. Kansas ('05 ch.357) conferred upon street, suburban and
interurban railway companies the same rights of eminent domain
as are now provided by the laws of that state for steam railroad
corporations, excepting, however, property within the limits of an
incorporated city. Nebraska, as noted above, extended, the right
YOUNG TRANSPORTATION AND COMMUNICATION 363
of eminent domain to other than steam railroads. A Wisconsin
statute (*o5 ch.266) amends the law relating to condemnation pro-
ceedings by street and electric railway companies by extending
the right of expropriation (in addition to a i co-foot right of way)
to land necessary for cuttings, embankments and gravel pits, and
to the right to run cars over bridges and over approaches thereto
on the rails of any other street or electric railway.
Incorporation. Connecticut ('05 ch.219) repealed a clause
exempting street railways from the provision ('03 ch.194) that
charters of corporations shall be void imless organization is effected
within two years. Indiana ('05 ch. 1 49) raised the maximum ntmiber
of directors of street railroad companies from 7 to 15, and allows
the election of directors at other than the regular annual meeting,
if advertised. Massachusetts ('05 ch.8o) no longer requires a
majority of the directors of a street railway company to be inhabi-
tants of the city or town in which the railway is located.
Franchises. California ('05 ch.578) made some changes in the
important general franchise law of that state (*oi p. 265; '03 p. 90)
which provides for the sale of all local franchises to the highest
bidder. As the law now stands it includes franchises for the use
of public streets for street railroads, telegraph poles and wires
(except interstate), pipes for gas for heating and power purposes,
poles and wires transmitting electric heat and power, as well as
renewals of franchises for piers, chutes and wharves. Bidding is by
sealed bids, although bids 10% higher than the next highest bidder
may be received after the bids are opened. After the first five years
2% of the gross receipts goes to the county or municipality. Con-
necticut, which more than most states has kept the control of
franchises in the hands of the Legislature, now permits ('05 ch.244)
local authorities to pass upon the route and construction of street
railways and to regulate the speed of cars on public highways, but
no speed greater than 15 miles an hour is to be authorized. Massa-
chusetts ('05 ch.376) empowers local authorities to regulate the
number and routes of cars. Michigan ('05 ch.97) permits street
railway companies to sell their property and franchises to other
street railway companies, competing roads excepted. The same
state (*os ch.ioi) gives to mtmicipalities the right to authorize ele-
vated or tmderground structures where the street railway crosses
highways, streets or other railways. New Jersey ('05 ch.68) ex-
tended its law relating to street railway franchises ('03 ch.257) ^^
include elevated railways. Minnesota (05 ch.250) authorizes
city councils in places of between 10,000 and 20,000 to grant fran-
364 N. y. STATE LIBRARY REVIEW OF LEGISLATION I905
chises for street railroads and for interurban connections. It is
provided that such charters shall not be exclusive nor for a longer
I)eriod than 25 years. Previous grants conforming to the conditions
of the statute are legalized. It is worth noting that most of the
existing franchises in Minnesota are for a i)eriod of 50 years. The
new law does not apply to certain cities which are eliminated by
reference to the statutes by which their charters were conferred.
Pennsylvania contributes to the year's budget two statutes of a
decidedly reactionary character. One contains distinct possibilities
for evil; the other tends to strengthen vested interests. The first
('05 ch.231) allows mtmicipalities to contract with street railway
corporations that franchises in certain streets shall not be granted
to any other corporation for a period of not exceeding 50 years.
The purposes for which such a contract may be made are, as stated
in the act, legitimate enough — -to secure removal of tracks already
built, to prevent the laying of tracks already authorized, or to
change the route of a street railway. The other act ('05 ch.230)
amends the general street railway incorporation law in such a way
as to withdraw the power formerly given to municipalities to grant
a franchise for the use of any street not in constant daily use for the
transportation of passengers by another company. The new law
limits the granting of franchises to streets upon which no track is
laid or authorized to be laid. Moreover, the law as tmamended
authorized street railway corporations to use the tracks of other
companies, to a limited length, where the same were necessary to
complete circuits or connections, the amotmt of compensation being
fixed in case of disagreement by a jury of five persons appointed
by the Court of Common Pleas. The amendment provides that
the consent of the board of directors of the company whose tracks
are to be so used must be obtained. A section which authorized
companies to abandon portions of their road, with the consent of
the local authorities (the streets thus abandoned being open to the
use of other companies, with the consent of the local authorities) is
eliminated to make way for a section conferring the right of "tem-
porary abandonment or postponement" — ^no other company being,
privileged to occupy the street thus abandoned. The former
absolute requirement of completion of the road as provided by the
charter within five years was repealed, the new law allowing
completion within any time agreed upon by legislative or municipal
consent. An important special act was that of Massachusetts O05
ch.466) authorizing the Boston Elevated Railway Company to
construct subways in the city of Cambridge. It is provided that
YOUNG TRANSPORTATION AND COMMUNICATION 365
the city may purchase the property at any time after 20 years (or
at earlier time by agreement) for an amount eqtial to the original
cost of construction and equipment plus the cost of additions and
alterations. Interest is to be allowed at 8% on the cost paid for
by the stockholders and at 3 J% on all sums expended in construc-
tion, deducting dividends (without interest on the dividends).
Bridges
The greater part of the legislation on the subject of bridges was
of merely local interest. A movement to do away with all toll
bridges connecting Vermont and New Hampshire and New Hamp-
shire and Maine is, however, of some historical importance. Each
of these states (Vt. '04 ch.is?; N. H. '05 ch.119; Me. '05 ch.128)
provided for the appointment of bridge commissions of three mem-
bers to consult with the commissions of the adjoining states with
reference to plans for the freeing of all bridges on their respective
boundaries and to report on the need of new bridges.
Telegraph and telephone
The growth of the long distance telephone business is reflected
in the extension of laws originally framed for telegraph companies
to telephone companies. Thus California requires telephone mes-
sages to be delivered to a place of address within 2 miles of the main
office of the company, although compensation may be charged for
distances of over a mile, as well as for tolls or ferriage ('05 ch.469).
The same state ('05 ch.jSs) extends to telephone companies the
provisions of the law as to right of way, power to sell property and
franchise, and protection against injury to property previously
applied to telegraph companies by the Civil and Penal Codes of that
state. Georgia ('05 ch.79) subjects telephone companies to the
general telegraph company law. Both are empowered to construct
their lines on public highways (with the consent of the local authori-
ties) and are given the right of eminent domain. Telephone com-
panies are required to file with the Railroad Commission of Georgia
their consent to the jurisdiction of the commission in the matter of
intrastate long distance tolls. Pennsylvania ('05 ch.2os) now
authorizes the construction of telephone, as well as of telegraph
lines, along public highways, and permits both to be constructed
•in subways. Connecticut ('05 ch.276) gave to mimicipalities the
right to free use of the top gain of telegraph and telephone poles.
Delaware ('05 ch.209) imposed a penalty of $io for each tree injured
or destroyed, without consent of owner by a telephone company.
366 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Tennessee ('05 p. 13 18) appointed a committee of nine members
of the Legislature to investigate alleged excessive charges on the
part of the Cumberland Telephone and Telegraph Company. Minn-
esota ('05 ch.276) permits rural telephone companies to organize as
cooperative associations, Wisconsin ('05 ch.389) prohibits com-
panies operating telephone exchanges in two or more cities or villages
from discriminating in their charges within any city or village. The
same statute divides cities and' villages of over 3000 into 12 classes,
according to population, and prohibits a higher charge in any city
or village than for like service in a city of a higher class. One half
of the penalty for violation ($50-1500) is to be paid to the person
prosecuting.
New York StaU Education Department
New York State library
REVIEW OP LEGISLATION I905 LEGISLATION BULLETIN 29V
Corporations Charles Earl
Civil Procedure Charles Henry Huberich
CORPORATIONS'
CHARLES EARL, UNITED STATES DEPARTMENT OP JUSTICE
The very large number of laws relating to corporations enacted
during 1905 may be said in a general way to consist of amendments,
adaptations, amplifications or restrictions relating to requirements
or provisions already existing. For the most part, they are so
obviously designed either to fit in as parts of some established
legislative plan, or to supply some oversight or omission, that any
extended or really adequate discussion of them wotdd be both
tediotis and fruitless. The specific enactments, moreover, are
clearly indicated, and their nature fully disclosed, by the Summary
and Index for the year. Anything more, therefore, than an occa-
sional mention of an individual act is rendered unnecessary.
The great number of the acts themselves, the diversity of topics
covered and the attention given to detail would seem to prove anew
the widespread use of the corporate form of btisiness organization,
the strong demand for corporation legislation, and the real need of
sectiring general recognition of fixed principles for determining the
proper scope of such legislation. A reference to the Summary
and Index alone will show a general tendency to separate
•legislation passed at the instance of corporations from legislation
passed in the interest of the public. Thus, in conferring corporate
powers, not only is the prevailing disposition toward the enaptment
of distinctly liberal provisions, accompanied by few limitations, or
by restrictions without adequate means of enforcement, but no
thought seems to be taken in this precise connection of guarding
against abuses. Hence the rights of the public find little recognition
*See also Governors Messages and Index of Legislation, 500.
367
368 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I9OS
in the general body of corporation law. When these rights are to be
protected a more or less distinct type of legislation is resorted to,
which commonly takes the form of the so called antitrust laws and
the like. Instead of tacking on a new chapter to the statutory law
of corporations, enlarging the catalogue of crimes, and as it were
approaching the subject from without, an alternative plan might
be tried, namely, that of embodying in the structure of the corporate
constitution itself the measures deemed necessary for safeguarding
the interests of the public and the state.
The desire for a symmetrical and coherent code of corporation
law finds expression, not only in the great variety of enactments
already noted (see California, for example) and in the adoption of
entirely new general laws, as in New Mexico ('05 ch.79), but, follow-
ing the example of Massachusetts, Virginia, Alabama and other
states, in the recommendation or appointment of commissions to
revise or codify existing laws. Thus, the Governor of Pennsylvania
urges the appointment of a commission for this purpose ; and those
who have had occasion to examine the statutes relating to corpora-
tions in that state — a, congeries made up of the accretions of years —
will welcome his suggestion. A commission of this character had
already b^en authorized in Maryland ('02 ch.446), and another is
now provided for in New Jersey ('05 ch.30). The latter state is
alive to the fact that "this part of the business of the state is being
competed for by other states, who have largely copied our laws and
who are making an effort to obtain the btisiness that comes to us."
The Gk>vemor, moreover, sees in the recommendations of the De-
partment of Commerce and Labor "the preliminary steps toward
national incorporation, when capital will seek the protection of
federal law rather than deal with forty-five different states"; and
these influences, he thinks, "threaten the revenue of New Jersey."
He further concludes that "the day of gigantic business companies
seems to be on the wane," and that " companies with smaller capital
are on the increase," for which reason he recommends that changes
be made in the laws to meet the need of these smaller organizations ;
and it is to this end that he would have the commission revise the
laws.
State legislation on the subject of foreign corporations is alwajre
interesting, since it necessarily trenches upon that domain within'
which somewhere lies the botmdary line separating the legislative
jurisdictions of the nation and the state. This field has never been
fully occupied by legislation, and corporations have been allowed
to enter it and conduct their operations pretty much at will, little
EARL CORPORATIONS 369
hampered by legal restraint. In 1 905 the only important legislation
on this subject was contributed by Illinois. In that state an act
was passed C05 p. 124) involving an emphatic assertion of the
principle that foreign corporations shotdd have no advantages over,
and should be subject to all the obligations and liabilities pf , domestic
corporations. More than this, besides reqtdring a foreign corpora-
tion to file with the Secretary of State a sworn statement showing
in much detail the particulars of its organization, personnel, out-
standing stock and business operations, the act confers extensive
inquisitorial powers upon the Secretary of State, in whom also it
vests a discretionary authority very unusual in such statutes. The
effectiveness pf the act will depend,-of course, upon whether suitable
means have been provided for its enforcement. The means chosen
were, that corporations failing to comply should be liable to a
heavy fine and shotdd be denied the right to maintain a st^it in
the state courts at law or in eqxiity.
r- r-^
CIVIL PROCEDURE'
CHARLES HENRY HUBERICH J.U.D. D.C.L., ASSOCIATE PROFESSOR OP
LAW, LELAND STANFORD JR UNIVERSITY
The legislation of 1905 relating to civil procedure reflects the
well marked tendencies of the past few years. The laws relating to
legal notices show a tendency to facilitate service of process, those
concerning the time within which suit mtist be brought a tendency
to shorten the periods of limitation. There is observable an exten-
sion of the exemptions from jury service and an increase in the
compensation of jurors. The evils of the professional jutot con-
tinue to engage the attention of legislators. The most interesting
legislation of the year is that of Michigan, directed against some of
the abuses of the system of expert witnesses.
Legal notices. Section 850 of the California Code of Civil Pro-
cedtire was amended ('05 ch.37) so as to permit notice of hearing in
justices' courts to be served either by mail or personally. The
former method may, however, be employed only when the attorney
to be served resides outside of the coimty. Service by mail must
be made at least 10 days preceding the trial or hearing, and must
be sent in a sealed envelop addressed to the residence of the person
to be served, and postage must be prepaid. Entry on the docket of
the date of such mailing is prima facie evidence of the fact of service.
The North Dakota law relating to appeals from the justice court to
the district court has been amended ('05 ch.8i) so as to permit service
of notice of appeal to be made on the justice rendering the judg-
ment, whenever the party against whom the appeal is taken is not
within the state or can not be found, and was not represented by an
attorney. Acts relating to the publication of legal notices were
passed in California, Minnesota and Oregon. The California law
('05 ch,345) provides that whenever there is no newspaper of general
circulation published within the jurisdiction where the notice should
be published, publication in the nearest newspaper is sufiicient. The
act defines newspapers of general circulation and provides that any
newspaper may by proper petition and proof be declared a news-
paper of general circulation, but such declaration is not necessary
in order to constitute any newspaper, either in fact or in law, one
of general circtdation. The Minnesota law ('05 ch.174) permits
^ 'See also Governors Messages and Index of Legislation, 695.
HUBERTCH CIVIL PROCEDURE 37I
weekly legal newspapers to change their day of publication without
thereby losing their legal standing. The Oregon law has been
amended so as to give to the plaintiflE the exclusive right of desig-
nating the newspaper in which the legal notices are to be published,
in all cases where there is more than one newspaper fulfilling the
legal requirements published in the county ('05 ch.is;).
Limitation. A California act ('05 ch.258) provides for a period
of limitation of one year for actions by a depositor against a bank
for the payment of a forged or raised check, and reduces the period
of limitation for suits for damages for injury or death caused by the
wrongful act of another from two years to one year. Kansas has
enacted ('05 ch.324) that instruments recorded in the office of the
register of deeds for a period of 10 years shall be deemed valid
even though originally defective for want of the signature of the
proper officer of a corporation, or of the corporate seal, or of
the acknowledgment, or because of defective acknowledgment,
recording or certificate of recording. In the same state the law
relating to the suspension of the statute of limitation during absence
from the state is amended ('05 ch.328) so as not to be applicable to
foreign corporations authorized to do business within the state and
upon which service may be had. The Missouri law has been
amended ('05 p.137) so as to add a proviso to the eflEect that in
tort actions in case of nonsuit, arrest of judgment or reversal, the
statute of limitations begins to run afresh. Montana has provided
(*os ch.78) that actions to recover money or other property de-
posited in any bank shall not be subject to limitation, except
when an accoimt stated is questioned, in which case a period of
limitation of 5 years is fixed. Actions based upon the payment of a
forged or altered check must be brought within 3 years from the
date of notification of payment. A Nevada law ('05 ch.12) pro-
vides that the payment of either principal or interest of overdue
contracts starts the running of the period of limitation afresh.
According to a Pennsylvania act ('05 ch.83) the statute of limitation
begins to run against a debt falling due to a decedent's estate even
though letters testamentary or letters of administration have not
been taken out. Texas has enacted ('05 ch.138) that no power of
sale conferred by deed of trust and no vendor's lien to secure the
purchase money of land shall be valid after 10 years from the ma-
tiuity of the indebtedness. Extensions of the time of payment in
order to prevent the running of the statute of limitation must be
duly acknowledged by the parties and filed in the office of the
county clerk.
372 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Parties to action. Massachusetts (*o5 ch.266) provides that
joint tenants or tenants in common may join in any action to
recover damages for injury to real or personal property, or that
any one or more of them may sue for his or their damages.
Kansas ('05 ch.325) and Missouri ('05 p.9S) in causes of action
accruing out of the state authorize those persons to bring suit who
would have been tlie proper parties plaihtiflE in the jurisdiction
where the right of action arose. The Kansas law, however, adds
a proviso to the effect that one or more of the persons entitled to
the proceeds of such sxiit must be residents of Kansas at the
time of the commencement of the suit.
Place of action. Jurisdiction. The Colorado Code of Civil
Procedure has been amended ('05 ch.82) so as to provide that
all civil actions affecting property, franchises or utilities be tried
where such property etc., or the greater part thereof, is located.
Kansas ('05 ch.329) permits suits against street and electric rail-
road companies to be brought in any county through or into which
such railroad nms.
Summons. Process. A new section has been added to the
California Code of Civil Procedure ('05 ch.138) permitting all
persons, firms or corporations to record in the office of the cotmty
recorder the name and residence of such person or company and
the place where service of summons may be made. Colorado has
provided ('05 ch.83) for service by publication on domestic cor-
porations where the oflScers of the court are unable to find the
principal oflScer of the corporation or any officer or stockholder
thereof. Laws relating to service of process -on unknown heirs or
devisees were enacted in Florida ('05 ch.22), Kansas ('05 ch.326)
and Oklahoma ('05 ch.28 art.8).
Trial. Pleadings. An act relating to the dismissing of civil
actions, passed by the Legislature of North Dakota ('05 ch.6),
provides that suits may be dismissed by plaintiff at any time
before trial, unless a provisional remedy has been granted or
affirmative relief demanded in the answer. A suit growing
out of the same catise of action can not be dismissed more than
once without written consent of the defendant or an order of
the court. Actions may be dismissed by either party with the
written consent of the other, or by the court upon the application
of either party after notice to the other, or when the plaintiff
abandons his suit or fails to establish his claim or fails to appear,
or upon application of some of the defendants when there are
other persons defendant whom the plantiff fails to prosecute with
HUBSRICH CIVIL PROCEDURE 373
diligence. California ('05 ch.5x) has provided for the dismissal
of suits where plaintifiE fails to prosecute his claim with reasonable
diligence, provided no counterclaim has been made or affirmative
relief sought by defendant. Another law of the same state ('05
ch.271) provides that the court may, on motion of defendant, in
its discretion, dismiss any action for want of prosecution, whenever
plaintiff has failed for two years after answer filed to bring such
action to trial. All suits may be dismissed unless brought to trial
within five years after the defendant has filed his answer, except
where the parties to the suit have agreed in writing to extend the
time.
A Florida law ('05 ch.27) disqualifies judges from sitting in cases
where they are related within the ninth degree of consanguinity
or aflSnity to any party to the suit. Nor can a judge, except a
justice of the peace or a cotmty judge when exercising the juris-
diction of a justice of the peace, act when he is either the father
or the son of one of the attorneys to the suit.
South Carolina ('05 ch.421) has shortened the time for notice
of application for change of venue from 10 days to 4 days and pro-
vides that the adverse party may waive such notice. A Con-
necticut law ('05 ch.236) provides that upon the application of
either party issues of fact in equitable causes shall berried by a
jury.
Kansas ('05 ch.327) requires plaintiffs in civil actions who arc
nonresidents of the county, or whose principal place of business
is outside the cotmty in which the action is brought, to state in
their petition their residence or place of business and their post-
oflSce address, in all cases where such action is required by the
court or by any defendant. .
Evidence. Witnesses. Attention has already been called to
the interesting act of Michigan ('05 ch.175) **to regulate the em-
ployment of expert witnesses." The new law provides that no
expert witness shall be paid or receive as compensation in any
given case for his services as such witness a sum in excess of the
ordinary witness fees, except where a larger stun is allowed by the
court. It is made a misdemeanor to pay or to receive directly or
indirectly any larger sum. Furthermore, unless the court directs
otherwise, not more than three expert witnesses shall be allowed
to testify on either side as to the same issue, except in homicide
cases* In homicide cases where the issues involve expert knowl-
edge or opinion the court shall appoint one or more persons to
investigate such issues and testify concerning them at the trial.
374 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Other experts are, however, not precluded. The act is not ap-
plicable to witnesses testifying to established facts or deductions
of science, but only to opinion witnesses. An Oklahoma law
('05 ch.28 art. 7) enacts that where any party desires to object to
any question put. to a witness the ordinary objections of incom-
petency, irrelevancy or immateriality shall be deemed to cover
all matters ordinarily embraced within such objections, without
giving the specific grotmds, imless the latter are demanded by
the opposing party.
A Washington law ('05 ch.26) provides that the testimony of
any witness deceased or out of the state or otherwise incapable
of appearing, given in a former proceeding between the same
parties and relating to the same subject-matter, may, if reported
by a stenographer or reduced to writing and certified by the judge
at the former trial, be received in evidence. Laws of California
(*t>5 ch.139) and Vermont ('05 ch.6o) have enlarged the competency
of husband and wife to testify for or against each other in criminal
prosecutions. In the former state such testimony is permitted,
provided both spouses consent or where the prosecution is for
bigamy or kindred offenses. In Vermont the spouses have full
competency, except that neither may testify against the other
as to any statement, letter or other communication made by one
of the spouses to the other or to an outside person, nor may they
be permitted to testify as to any matter which in the opinion of the
court would lead to a violation of marital confidence. Several
laws increasing the compensation of witnesses were enacted.
Jury. Verdict. The eflEorts to suppress or mitigate the evil of
the professional juror continue. California ('05 ch.73) adds to the
disqualifications for jury service the circtmistance that the person
has served as a grand or petit juror within the preceding year. In
Nebraska ('05 ch.182) service as a juror in a justice court within
the preceding three months is a disqualification for further similar
service. Furthermore the fact that a person solicited to be
selected as a juror or served as such within the preceding year,
or two years in the more populous commtmities, is a disqualification
for jury service in other courts ('05 ch.176-77). In New York
('05 ch.31) the jury commissioners are prohibited from putting into
the jury box the names of persons who served as jurors within the
preceding two years. In Indiana ('05 ch.8s) jury service within the
preceding six months is made a disqualification, and in Coloirado
('05 ch.ii6) service within the preceding year is an excuse.
HIIBERICH CIVIL PROCEDURE 375
- The exemptions from jury service have been extended to em-
balmers (Georgia '05 p. 105 ; Wisconsin '05 ch.8i), of&cers of railroad,
telegraph and telephone companies (Colorado '05 ch.117), persons
employed .in the publication of newspapers (Colorado '05 ch.117;
Illinois '05 p.306; New York '05 ch.437), certain cotinty officers,
dentists and pharmacists (North Dakota '05 ch.86). The fees of
jurors have been increased in Connecticut ('05 ch.ss) from $2.50 to
$3 a day, and in Nebraska ('05 ch.183), for service in justice court
cases from 50 cents to $1.
Bonds. An act of Indiana ('05 ch.20) permits courts, and officers,
in their discretion, to accept cash or certified checks in Ueu of a
bond.
Attachment Garnishment Title to property. An amendment
to the Code of Civil Procedure of California ('05 ch.363) authorizes
attachment in actions against a nonresident defendant to recover
a sum of money as damages arising from an injury to property
within the state m consequence of negligence, fraud or other wrong-
ftd act. Colorado ('05 ch.iiS) permits attachments in suits before
justices of the peace when the debt is for farm products, house rent,
household furniture, fuel, groceries and provisions, clothing and
wearing apparel for the debtor or his family. Delaware ('05. ch. 20 1 }
provides for the exemption, from distress and execution process,
after notice, of leased pianos, piano-playing attachments and
organs. A Kansas act ('05 ch.523) requires personal service of
process where an attachment or garnishment of wages is sought to
be made, and the wages were earned outside of the state and the
cause of action arose exterritorially. Maine ('05 ch.14) has repealed
the provision of the Revised Statutes exempting the receipts of
agricultural societies from attachment. A Pennsylvania enact-
ment ('05 ch.S4) permits a writ of foreign attachment against a
nonresident in all actions ex contractu and in all actions ex delicto
where the tort was committed within the state. An amendment
to the Wyoming Revised Statutes permits an attachment where
the cause of action arises out of a contract for the direct payment of
money, provided the simi involved does not exceed $200 and the
contract is not secured.
Illinois ('05 p.28s) and Utah ('05 ch.96) have provided that the
salaries of public officers shall be subject to attachment and garnish-
ment. North Dakota ('05 ch.69) has subjected public corporations
to garnishment proceedings. In Tennessee ('05 ch.376) 90% of the
wages of the head of the family or of a person 18 years of age are
exempt, provided that the monthly salary or wages do not exceed
$40. If the wages are in excess of this amotmt then $36 is exempt.
376 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
A Georgia enactment C05 p. 103) abolishes the rule that denies
leli^ in the nature of quia timet or to remove doud upon title in
those cases where the invalidity of the instrument sought to be can-
celed appears upon the face of such instrument. Kansas (*o5
ch.333) and Nebraska C^S ch-i75) ^^^ repealed their statutes
permitting the party defeated in ejectment proceedings to demand
a second tiial. For the better enforcement of the rights of lessors
a Pennsylvania statute ('05 ch.ioo) provides for the issuance 10
days after refusal to vacate in obedience to a judgment terminating
the tenancy, of an alias writ of pc^ssession justifying the use of
force against the lessee or tenant.
INDEX
AbienteeSi estates, lo
Accident instirance, sSS-Sq, 31a
Accotintancy, 260; boards of, 147
Accotints, 173
Administrators, 12
Adulterations, 70-73, 258; of foods,
S9-60
Advertisements, 261
Agriculture, by J. I. Schulte, 61-66;
associations and fairs, 62-66; ex-
periment stations and inspection,
67-73; schools of, 305; state de-
partments, 61-62; statistics, 62;
study of, 306
Animals, commtmicable diseases, 84-
90; cruelty to, 11 4-1 5; domestic,
80-90; experiments upon pro-
hibited, 306; humane treatment,
teaching, 306
Antitoxin, 46
Architects, 172; state, 150
Archives and history, bureau of, 148
Armory boards, 149
Assessors of transportation, 148
Attachment, 375-76
Attorney general, 14S, 149
Automobiles, 331-44
Bacteriological laboratories, 46
Ballots, 167
Banking, by Louis Boisot, 265-82
Banking board, 148
Banks, deposits, 174; foreign, 278-
79; private, 275; savings, 266,
270-73, 279-80
Bar, admission to, 33-34
Barbers examiners, 1 50
Barrows, Samuel J., Crimes and
Offenses, iii-z5
Beal, W. H., Experiment Stations
and Inspection, 67-73
Betting, 114
Bigelow, W. D., Food Adulteration,
S9-60
Bills, legislative, 153-54
Birds, game, 224-25; nongame, 225-
26
Blacklists, 319-20
Blind, 92, 96
Boards, abolition of, 150
Boilers, 58
Boisot, Louis, Banking,' 265-82;
Liens and Mortgages, 13-15
Bonds , court officers ,375
Boycotts, 319-20
Branding animals, 82
Bribery, in elections, 160; of em-
ployees, 19
Bridges, 365
Brown tail moth, 77-78
Buck, William B., Charities, 91-100
Bucket shops, 258
Budget, 205
Building and loan associations, 280-
81
Buildings, public, 172; insurance,
173; school, insurance, 306
Business taxes, 181, 185, 186
Canvass of votes, 169
Capitol, 172
Carson, J. C, Feeble-minded and
Epileptic, 107-9
Centralization in state administra-
tion, 150
Chapin, Charles V., Public Health
and Safety, 45-58
Charitable institutions, board of
control, 149
Charities, by W. fe. Buck, 91-^100;
blind, 92, 96; children, 92, 96-100;
deaf and dumb, 92, 96; epileptics,
107-9; feeble-minded, 107-9;
poor relief, 92, 94-95; sick and
disabled, 95-96; state boards,
91. 93-94. .149
Charters, city, 199-203
Chattel mortgages, 13-14
Chemical laboratories, 46
Chicago, charter, 199
378 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Child and animal protection, state
bureau, 149
Children, 92, 96-100; juvenile of-
fenders, 96-97; labor, by S. M.
Lindsay, 321-29; hours of labor,
328; reform schools, 1 1 8-19
Cigarettes, unlawful sale, 115
Cities , classification ,19 7-98 ; govern-
ment, 191-203
Civil procedure, by C. H. Huberich,
370-76 '
Civil rights, 156
Civil service, 145-46, 149, 152,
196-97
Clow, Frederick R., Local Finance,
204—14
Cole, T. L., Bibliographic Notes on
Session Laws, Revisions and Con-
stitutional Convention Publica-
tions, 140—42
Commerce and industry, by G. M.
Fisk, 257-64
Commercial feeding stuffs, 69-72
Commercial fertilizers, 68-69
Commission, acceptance of, 18-19
Commimicable diseases, 54-55; of
animals, 84-90
Compulsory education, 303-4
Condemnation of property, 8; fishing
rights, 229; railways, 360-61
Constitutions, 143-44
Consumption, 55
Contagious diseases, see Communi-
cable diseases
Contracts, by J. B. Sanborn, 16-21
Convict labor, 121-23
Convicts, see Criminals; Prisoners
Corporations, by Charles Earl, 367-
69; foreign^ 368-69; taxation,
182,185, 186
Corrections, by George McLaughlin,
116-28
Corrupt practices, 157-60
County officers, fee system of paying,
203
Courts, by Isidor Loeb, 27-34; in-
termediate, 30-31; municipal,
31-32; reportSL and reporters, 32;
supreme, 29-30
Crimes and offences, by S. J. Bar-
rows, 111-15
Criminals, identification, 125; bureau
of, 149; insane, 123-24. See also
Prisoners
Cruelty to animals, 1 14-15
Dairy commissioners, 146-47
Dairy products, 59
Damages, personal injury, 20; to
property, railways, 357-58
Deaf and dumb, 92 , 96
Debts, authorization of, 175-74;
public, local, 207-8
Decedents estates, 11-12
Dentists, licensing of, 51-52, 307
Deposits, banks, 174
Direct legislation, 155, 193-95
Discriminations, 259, 261 ; life in-
surance rates, 287 ; railways, 352
Diseases, communicable, 54—55; of
animals, 84-90
Ditches, 243-56
Divorce, 23-24
Documents, 133
Domestic animals, by E. V. Wilcox.
80-^0
Domestic economy, schools of, 305.
306
Drainage, 243-56; commissioners,
147
Dramatic compositions, unauthor-
ized performance, 8
Druggists, licensing of, 52-53
Drugs, unlawful sale, 115
Earl, Charles, Corporations. 367-69
Eaton, Amasa M., The Family, 22-25
Education, by H. J. Rogers, 297-307:
compulsory, 303-4; higher, 307:
industrial, 305-6; professiona].
307 ; secondary, 304-5 ; technical.
306
Educational institutions, board of
control, 148, 151
Eldridge, M. O., Roads. 331-44
Elections, 156-70; primary, 160-66
Electric apparatus and power, in-
terference with, 112
Electric light plants. 211
Electric railways, 361-63
Embalmers, licensing of. 53. 147
Embezzlement, 113
INDEX
379
Eminent domain, see Condemnation
. of property
Employees, .309-20; bribery, 19;
hours of labor, 314-16; mines,
324-25; prison, 117; railways,
311; wages, 316-17
Employers liability^ 3 1 1-14 ; . insur-
ance, 292-94
Employment bureaus, 149
Emplo)rment offices, 318-19
Engineers, 58
Entomologist , state , 1 49
Epileptics, 107-9
Equalization, board of, 148
Estates, administration of, 11^12;
succession to, lo-ii
Estrays, 81
Evidence, 373-74
Examiner, state, 150
Excise laws, see Liquor legislation
Executors, 12
Exemptions from taxation, 176-77,
184
Exhibitions, 1x4
Experiment stations and inspection,
by W. H. Beal, 67-73
Explosives, 57-58
Express companies, 361
Factory inspector, 147
Factory laws, 310-11
Fair commissioners, 149
Fairlie, John A., Municipal Func-
tions, 209-14
Fairs, agricultural, 62-66
Family, the, by A. M. Eaton, 22-25;
support of, 24-25
Farmers institute board, 147
Farmers institutes, by John Hamil-
ton, 74-75
Feeble-minded and epileptic, by J.
C. Carson, 107-9
Feeding stuffs, 69-72
Fees, state officers, 145 ,
Felt, E. P., Horticultural Diseases
and Pests, 76-79
Fertilizers, 68-69
Fetter, Frank A., State Finance,
171-72; Taxation, 176-87
Finance, local, 204-14; state^ 171-72
Financial condition, false stateme&t
concerning, 113
Financial officers, 206-7
Fire insurance, 289-92
Fire protection, 56-57
Fish and fisheries, by M. C. Marsh,
227—29
Fisheries, state conmiissioner, 150
Fisk, George Mygatt, Commerce and
Industry, 257-64
Flag, U. S., desecration, 112; di^lay
on school buildings, 306
Floods, protection from, 57
Food adulteration, by W. D. Bige-
low, 59-60
Foreign banks, 278-79
Foreign corporations, 368-69
Forestry, by G. W. Woodruff & P. P.
Wells, 215-19; boards,. 147
Formaldehyde, 72
Franchises, 199, 200, 213-14; street
railways, 363-65; taxation, .184,
J 86
Fraternal beneficiary societies, 287-88
Fraud, 11 2-1 3
Freight rates, 351-52
Freund, Ernst, Property, 7-12
Fungicides, 72-73
Gambling, 114
Game, by T. S. Palmer, 220-26; big,
223-24
Ganie, fish and forestry department,
147
Game birds, 224-25
Garnishment, 375-76
Gas and electric light commissioners,
148
Geological surveys, 148
Ginseng, 79
Gipsy moth, 77-78
Girls, institutions for, 11 7- 18
Government, crimes against, 112
Governor, appointing power, 144;
removals by, 144; salary, 144;
veto power, 144
Grain and warehouse commission,
147
Grand Rapids, charter, 202
Guaranty companies, 294-95
Guardians, 12
380 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Hamilton, John, Farmers Institutes,
74-75
Hartford, charter, 204
Hasse, Adelaide R., Public Printing
and Records, 135-39
Hawkers, 260
Headley, Russel, Liquor Legislation,
35-43
Health, public, 45-58; local boards,
46-47; state boards, 45, 147, 150
High schools, 304-5
Higher education, 307
Highway commissions, 147
Highwa3rs, see Roads
History, 136-39, 148
Holidays, 262
Home rule, 191-93
Horse racing, 114
Horseshoers, 261
Horticultural diseases and pests, by
E. P. Felt, 76-7^
Horticidture, state board of, 147
Hospitals, 95
Hotel keepers, defrauding, 112
Hours of labor, 314-16; children's,
328
Huberich,' Charles Henry, Civil Pro-
cedure, 370-76
Huebner, S., Insurance, 2 83-9 S
Hunting, 222
Identification of criminals, 125;
bureau of, 149
Immigration, encouragement of, 2:63-
64
Impounding, 81^2
Income tax, 185
Indeterminate sentences, 125-26
Indiana municipal code, 202-3
Industrial education, 305-6
Industries, encouragement of, 262-64
Inheritance tax, by Max West, 188-
90
Initiative, 193-95
Injuries, see Damages
Insane, the, by T. E. McGarr, 101-6;
criminal, 123-24; property rights,
24
Insect pests, 76-79
Insecticides, 72-73
Insurance, by S. Huebner, 2 83-9 S;
departments, 148; employers
liability, 292-94; fire, 289—92; of
public buildings, 173; working-
men's, 312
Insurance companies, 283-95
Intangible property, 8; taxation, 177
Interest, 19-20
Intermediate courts, 30-31
Investment companies, 277-78
Irrigation, by R. P. Tede, 231-42;
board of control of, 147
Itinerant merchants, 260
Jaib, 120
Judges, compensation, 27-29; tenure
and term^ 27
Junk dealers, 261
Jury, 374-75
Juvenile delinquents, 96-97
Labor, by A. F. Weber, 309-20;
children, 321-29; convict, xax- .
23; disputes, 319-20
hours of: 314-16; children's, 328
Land drainage, by J. T. Stewart,
843-56
Land registration, Tonens system,
9-10
Landlord and tenant, 8-9
Lands, public, 171-72
Law, practice of, 33-34; examiners,
148, 307
Lawmaking, 152-56
Legal notices, 370-71
Legislation, direct, 155; special,
i54-55f 197-98; uniform, com-
mission on, 149
Legislature, officers and empk>3rees,
153; sessions, 155
Libel, 20-2 X
Libraries, by Asa Wynkoop, 129-34;
traveling, 131
Library commissions, 130, x 48
License and bullion tax agent,
148, 150
Licenses, trades and occupations,
260-61
Liens and mortgages, by Lonif
Boisot, 13-15
Limitations, civil procedure, 371
INDEX
381
Lindsay, Samuel McCime, Child
Labor Legislation, 321-39
Liquor legislation, by Russel Head-
ley, 35-43
Liquor traffic, saloon districting,
198-99
Liquors, conveyance to convicts, 120
Live stock, boards, 146; insurance,
295; transportation, 354
Liverymen, defrauding, 112
Loans, banks, 266
Lobbying, 154
Local finance, by F. R. Clow, 204-14
Local government, by D. F. Wilcox,
191-203
Loeb, Isidor, Courts and the Practice
of Law, 27-34
McOarr, T. E., The Insane, 101-6
McLaughlin, Geoige, Corrections,
1x6-28
Malicious mischief, 1x3
Manual training, 306
Markets, 259
Marriage, 22-23
Married women, property rights, 24
Marsh, M. C, Pish and Fisheries,
227—29
Medical examiners, 147, 150
Medicine, practice of, 49-5 x; re-
ciprocity in licenses, 307
Memorials, 136-39
Merchandise, sales of, i7-x8
Merriam, C. E., State Government,
Lawmaking and Elections, 143-70
Mileage books, 355
Mines, department of, 148; em-
ployees, 324-25
Mining inspection, 31 x
Mining statistics, department of, 148
Minors, cigarettes, furnishing to, 115;
protection of, 114
Mortgages, by Louis Boisot, 13-15;
chattel, 13-14; real property,
14-15; taxation, 177, 184
Mosquitos, 56
Motor vehicles, 331-44
Municipal courts, 31-32
Municipal functions^ by J. A. Fairlie,
209—14
Municipal legislation, 191
Municipal ownership, 211-13
Musical compositions, unauthorized
performance, 8
Name, change of, 24
Navigation, 264
Negotiable instruments, i6-x7
New York city, charter, X99
Newspapers, misrepresenting circu-
lation, 113
Nominations, elections, 166-67
Nonpartizanship, 197
Nuisances, 55-56
Nursery inspfection, 76-79
Nurses, 147, 260, 307
Oil inspectors, 148
Omaha, charter, 200-2
Opticians, licensing of, 51
Optometry, board of, 147; practice
of. 51
Osteopathy, 50 ; boards of, 147
Palmer, T. S., Game, 220-26
Pardons, 127; board of, 149
Paris green, 72
Parks, 172, 210-11
Parole, prisoners, 126
Parties, political, 156-70; in actions,
37a
Passenger rates, 354-55
Passes, 355
Pathologist, X47
Pawnbrokers, 281-82
Peddlers, 260
Personal injury, 20
Personal property, taxation,' 179
Pharmacists, Hcensing of, 52-53,
147, 307
Philadelphia, charter, 200
Physical condition, false statement
concerning, 113
Physicians, licensing of, 49-51
Pillory, 128
Plats, 8
Pleadings, 372-73
Plumbers, licensing of, 53
Police, state, 149, 150, 209
Political parties, 156-70
Pollution of water, 56
Poor relief, 92, 94-95
382 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Primary elections, 160-66
Printing, public, 135-39, 149
Prisoners, commitment, 121; dis-
charge, 124; discipline, 120;
escape, 120; parole, 126; religious
instruction, 121; sentencing, 125^
sick, care of, 120
Prisons, 117
Probation, 127-28
Procedure, civil ,370-76
Professional education, 307
Property, by Ernest Freund, 7-12;
damages to, railway^, 357-58;
personal, taxation, 179; titles to,
7-8, 375-76; rights of married
women, 24. See also Taxation
Public buildings, 172'; insurance, 173'
Public health and safety, by C. V.
Chapin, 45-S8
Public Instruction, State Superin^
tendent, bond, 306
Public lands, 1 7 1-7 2
Public libraries, 129-34
Public order,- 112
Public printers, 149
Public printing and records, by A. R.
Hasse, 135-39
Public prosecutor, 33
Public records, division of, 148
Public safety, 209-10; railways, 356-
57
Public works, 21 o-i I
Quarantine of animals, 88
Railways, capitalization and in-
debtedness, 359-60; commissions,
148, 345-51 ; construction, 36o-*-6i ;
damages to property, 357-58;
employees, 311;* freight rates,
3 5 r-5 2 ; incorporation and general
powers, 358-59; industrial side-
tracks, 353-54; live stock, trans-
portation, 354; passenger rates,
354-55; passes, 355; right of
way, 360-61; safety regulations,
356-57; stations, 353
Real property, mortgages, 14-15
Recall, 195-96; constitutionality,
192
Records, 136-39 •
Referendum, 155, 193-95
Reform schools, 1 18-19
Registration of voters, 168—69
Resources and attractions, 263—64
Revisions, bibliographic -notes on,
140-42
Roads, by M. O. Eldridge, 331-44
Robbery, 113
Rogers, Howard J., Education, 297-
307
Rural schools, 301-2
Safety, public, 45-58
Saloon districting, 198-99
Sanborn, John B., Contracts and
Torts, 16^21
Sanitation, 45
Savings banks, <66, 270-73, 279-^0;
commissioners, 148
Schools,* 297-307; buildings, insur-
ance, 306; commissioners, 300;
funds 302 ; commissioners in chai^
of, 148; high, 304--S; libraries,
133; officers, 306; rural, 301-2
Schulte, J. I., Agrictdture, 61-66
Secondhand dealers, 261
Secondary education, 304-S
Senate, employees, 153
Senators, United States, 1S2-53
Sentences, indeterminate, 125-36
Service of process, 372
Session laws, bibliographic notes on,
by T. L. Cole, 140-42
Sewage disposal, 56
Shows, 114
Sick and disabled, 95-96
Sickness insurance,* 288-89
Silk commissioner, 150
Silk culture, 263
Special legislation, 154-55, 197^8
State depositories, 174
State documents, 133
State finance, by F. A. Felter, 171-72
State government, lawmaking and
elections, by C. E. Merriam, 143-70
State institutions, establishment. 150;
purchase of supplies, 172-73
State insurance departments, 283-9$
State libraries, 132
State library commissioners, 130, 148
State officers, fees, t 45
INDEX
383
State police, 209
State prisons, 117
State supplies, board of, 148
Statistics, vital, 47-49
Steamboats, 58
Stewart, John T., Land Drainage,
243-56
Street railwa3rs, 361-63; franchises,
363-65; taxation, 178; vestibules
on cars, 311
Strikes, 319-20
Succession to estates, lo-ii
Suffrage, 156-57
Summons in actions, 372
Supplies, purchase of, 172-73
Supreme court, 29-30
Surety companies, 294-95
Suretyship, 19
Tax commissioners, 148
Tax rate. i74-7S
Taxation, by F. A. Fetter, 176-87;
assessment of taxes, 180, 184;
business taxes, 181, 185, 186; of
corporations, 182, 185, 186; ex-
empt ions- from, 176-77, 184; fran-
chises, 184, 186; inheritance taxes,
188-90; local and municipal, 207;
of mortgages, 177, 184; personal
property, 179; separation of state
and local, 183, 185, 187, 207
Teachers, certification and training,
302-3
Technical education, 306
Teele, R. P., Irrigation, 231-42
Telegraph, 365-66
Telephone, 365-66
Tenants, 8-9
Tenement houses, 57
Tenure of office, 192
Textbooks, 148, 305
Theaters, 57
Ticket scalping, 355-S6
Titles to property, 7-8, 375-76;
security of, 9
Torrens sjrstem of land registration,
9-10
Torts, by J. B. Sanborn, 16-21
Trade regulations, 261-62
Trades and occupations, licensing,
260-61
Trading stamps, 262
Tramps, 112
Transfers of property, 9
Transient merchants, 150
Transportation, assessors of, 148
Transportation and communication,
by A. A. Young, 345-66
Traveling libraries, 131
Treasury agent, 148, 150
Trees, planting, 306
Trespass, 113
Trials, civil procedure, 372-73
Trust companies, 269, 274, 276-77
Tuberculosis, 55
Unifomi legislation, commission on,
149-
United States senators, 152-53
Universities, 307
Usury, 19-20
I
Vaccination, 54
Vag^rancy, 112
Venue of actions, 372
Verdicts, 374-75
Vessels, 58
Veterinarians, 260, 307; boards of
examination of, 146, 260, 307;
state, 146
Veto power, 144
Vital statistics, 47-49
Voters, registration of, 168HS9
Voting machines, 167-68; com-
missions, 149
Wages, payment of, 316-17
Warehouses, 259
Water, commissioners, 147; pollution,
of, 56, 228-29; rights, 232;
supply commissioners, 147, 213
Waters, control of, 231-42
Water ways, 264
Waterworks, 211
Weapons, carrying, 112; conveyance
to convicts, 120
Weber, Adna F., Labor, 309-14
Weights and measures, 257; in-
spector of, 148
Wells, P. P. & Woodruff, G. W.,
Forestry, 215-19
West, Max, Inheritance Tax, 188-90
384 N. Y. STATE LIBRARY REVIEW OF LEGISLATION I905
Wife-beating, 112
Wilcox, Delos F., Local Govern-
ment, 191-203
Wilcox, E. v.. Domestic and Noxious
Animals, 80-90
Wills, 10
Witnesses, 373-74
Woman suffrage, 157 p
Women , institutions for, 1 1 7-1 8
Woodruff, G. W. & Wells, P. P..
Forestry, 215-19
Workingmen's insurance, 312
Workshop inspector, 147
W)mkoop, Asa, Libraries, 129—34
Totmg, All5m A., Transportation and
Communication, 345-66
New York State Education Deparifnent
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Annual index. 1-7, 9-11, 13, 15, 18, ai» 24, 28 Index of Legisla-
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These are minutely classed annual indexes of new laws passed by all the
states. As a decision of a state supreme court or of the United States Su-
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on constitutional amendments and constitutional conventions are also given,
and important provisions of new constitutions summarized.
Anmtal review. 16, 19, 22, 25, 29 Review of Legislation, 1901-
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Contains contributions from leading specialists in all parts of the country
reviewing governors recommendations and laws enacted on each important
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Messages. 17, 20, 23, 27 Digest of Governors Messages, 1902-
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Contains a topical digest of messages of governors of all states and of rela-
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26 Index of New York Governors Mes^ges, 1777-1901.
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A comparative summarv of the receipts and expenditures of all the states,
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—14 Taxation of Corporations in New York, Massachusetts,
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Imposed on each class of corporations; (3) a compilation of corporation
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'GENERAL INDEX
G=Govemors Messages; I=Index of Leg^lation; R=Review of Legislation.
In Governors Messages and Index of Legislation, references are to classifica-
tion numbers at the left of each page ; in Review of Legislation to page
references.
Abduction, I 294, 219a
Abortion, I 266
Abstracts, I 397
Academies, G 2329; I 2327
Accident insurance, G i754, 1762;
I 1754, 1762, 1741c; II 288-89,
312
Accidents, G 2125; I 938s
electric companies, I 2639
railways, G 1314^, 13146, i3^4f,
1315; I 1315
Accountants, I 1536, 8s6d, 8566,
858b; R 147, 260
Accounts, G 853 ; I 853 ; R 173
local government, G2575; I 2575
state examiner of, G 55; I 55
Acetylene gas company, I 26281
Acknowledgments, 1 393
Actions at law
civil procedure, G 69S ; I 695
criminal procedure, G202; I 202
for damages, I 2708a, 2708b
special, I 739
See also Courts, Procedure
Acts, see Statutes
Adams, Alva, see Colorado
Adjutant general, I 2400, 2379e,
2379^ 2379h, 2391W, 2392b
Administration of estates, G 426;
I 426
Administration of justice, civil pro-
cedure, G 590; I 590
criminal procedure, I 202
crimes against, I 238
Administrative law, G750; I750
Administrators, I 441, 442, Si8d,
7o3g; R 12
Adoption, I 497
Adulterations, G 1464; I 1464;
R 70-73. 258
of foods, G 956; I 956, i493J*t
R S9-60
Adultery, G 268; I 268, 264a
Advertisements, nuisances, G 1082;
I 1082; R 261
regulation of, I 1592
Affidavits, I 721
Agency, I 460
Agriculture, G 1826; I 1826; R 61-66
associations, I 1835; R 62-66
experiment stations, G 1828; I
1828; R 67-73
fairs, I 183S, 1840; R 62-66
insurance companies, I 1770J
products, I 1427
schools, G 2343; I 2343, 224oe;
R305
societies, I 74ih
state boards, G 1826; I 1826,
1832c, 1844s, 1844X; R 61-62
statistics, I 1832; R 62
study of, R 306
Air guns, I 1118
Alcohol, G 900; I 900, 998
teaching effects of, I 2310
Aliens, land tenure, I 391
suffrage, I 135
Almshouses, G2155; I 2155
Alum, I 956J
Amusements, G 879; I 879
Animals
bounties on, I 1856
communicable diseases, G 11 44;
I 1 144; R 84-90^
cruelty to, G 895; I 896; Ri 14-15
domestic, G 1875; I 1875; R 80-90
taxation, I 824
experiments upon prohibited, R
306
humane treatment, teaching,
I 2302, 2288c; R 306
noxious, G 1856; I 1856
See also Live stock
Anniversary celebrations, I 2364
>Not including IntUx of New York Governors Messates I777'i0oi,
NEW YORK STATE LIBRARY
Annuity insurance, I 1760a
Antitoxin, I 1028; R 46
Apothecaries, see Pharmacy
Appeals, civil cases, I 733
court of, see Court of appeals
criminal cases, I 225
Appraisal, public lands, I 776
Apprehension of criminals, G 204;
I 203
Appropriation of property, see Con-
demnation
Appropriations, G 851
local finance, G 2577; I 2577
See also Accounts; Budget
Arbitration, labor disputes, G 2136
Architect, I 1534, 780c; R 172
state, G 783; I 783; R 150
Archives, G 2365; I 2365; R 148
Arizona (governor's message), ac-
counts, G 858a, 859a; attorney
general, G 50b; banks, G 1679b;
budget, G 849a; public buildings,
G 781a; charities, G 2198a; cotmty
government, G 2504a, 2517a;
courts, G 603b, 609a; public debts,
G 865a; dentistry, G948a; com-
municable diseases, G 1042b; com-
municable diseases of animals, G
1144a; education G 2229a, a229b,
a 266a, 2332a; elections, G z6oa;
expositions, G 1662b, 1662c; fam-
ily, G496a; fish and game, G
1900b; governor's clerks, G44a;
public health, G 932a; historical
societies, G 2366a; irrigation, G
1183a; legislature, G8oa; state
library, G 2354a; medicine, G 944a;
militia, G 2391a, 2402b; pharmacy,
G 949a; police, G 874a; state
prisons, G 341a, 341b; railways, G
1282a; reform schools, G 346b;
secretary of state, G 49a; state
institutions, G 63b; street rail-
ways, G 1370a; surety companies,
G 1795a; taxation, G 800a, 819a,
827a, 829a, 845b, 846a
Arkansas (governor's message), bud-
get, G849a; public buildings, G
781a; charities, G 2143a, 2183b,
2186a, 2186b, 2198b, 2198c; com-
binations, G589a; education, G
2230a, 2246a, 2283a, 2332a; ex-
positions, G 1662c; insurance, G
1764a; labor, G 2126a; liquors, G
918a; state prisons, G341C; re-
form schools, G 346c; taxation. G
841a, 845c
Armories, G 2392; I 2392; R 149
Arrests, G 204a; I 203c, 204
civil, I 706
of highwaymen, I 208a
Arson, I 310
Art, G 2386
galleries,.! 2385a
Artesian wells, G 1189; I "89
Assault, I 296
Assembly, see Legislature
Assessment companies, I 1760
Assessment of taxes, see Taxation
Assessments, special benefit, I 2569
26206
boulevards, I 2681b, 2681c
lighting, I 2633a
roads, I 2704b
sewers, I 2671, 2664a
sidewalks, I 2716a
street improvement, 1 2707b,
2707c
waterworks, I 2652, 265og
Assessors, tax, see Tax assessors
Assessors of transportation, R 148
Assignments, I 449
Asylums, blind, G 2191 ; I 2191
deaf and dumb, G 2186; I 2186
epileptics, G 2210; I 2213
feeble-minded, I 2218
hospitals, I 2165
insane, I 2198, 2183a
Attachment, I 741; R 375-76
Attorney general, G 50; I 50; R 145,
149
board of control, member of, I 857a
deputy, I 50a, 50b, 5og, Soh, 50J,
675U
powers and duties
bonds in actions, I 737i
corporations, I 84iq
fraternal beneficiary societies, I
1761a
public buildings, sites for, I 780J
public lands, I 774i, 778a
public nuisances, I io65g
INDEX TO YEARBOOK OF LEGISLATION I905
Attorney general, powers and duties
{continued)
railways, I 126711
roads, I 2700a
statutes, I lie
trusts, 1511a
salary, I 50, 38 {8a
Attorneys, G 591; I 591, 528b, 902a
fees, I 464b
poor prisoner, I 227
prosecuting, G67S; I 675
See also Counties, District, State's
attorneys ; Trials
Auditors, see Counties, auditor; Mu-
nicipalities, auditor; State auditor
Automobiles, G 2723; I 2723; R 331-
44
Aycock, Charles B., see North Caro-
lina
Bacteriological laboratories, 1 936a,
936b; R 46
Badges, I 1504,
veterans, I 2421
Baggage, I 1244
Bail, I 209, 203a, 204b, 22Sm, 370b
Bakeries, I 9S0, 2053, 2087
Ballots, Gi7S; I i7S. 126b, i26h,
i6ot, 1602I, 27o3e, 2703!;
R167
school, I 2225a
Banks, G 1679; I 1679; R 265-82
actions against, I 701a, 7oif
capital stock, G 1684; I 1684,
16793
deposits, G1712; I 1688, 1712;
R174
public funds, G 868, 2600; I 868,
2600
examiner, I 38 (8i, 1720a, 1720c
foreign, I 1689; R 278-79
insolvency, I 1687
inspection, G1680; I 1680
loans, G 169 1 ; I 169 1
name, I 1692
officers, G 1693; I 1693
private, R 275
savings, G 1708; I 1708, i684d;
R 266, 270-73, 279-80
state department, G 1680; I 1680,
i7i8d; R 148
Banks (continued)
stockholders liability, I 1690
surplus, I 1695
taxes, G 843
taxation, I 843
Bar, admission to, G 592; I 592;
R 33-34
See also Attorneys
Barbers, G 1540; I 1540, 029a
examiners, R 150
Barrows, Samuel J., Crimes and
Offenses, R 11 1-15
Baseball, I 5ooq, 929b
Bastards, I 270, 424d, 42 4f, 42 4g, 424!
Baths, I 2698, 929a
Battlefields, memorials on, G 2376;
I 2376
Battle flags, G 2371; I 2371
Beal, W. H., Experiment Stations
and Inspection, R 67-73
Beckham, J. C. W., see Kentucky
Bee products, I 986
Bees, diseases of, I 1x71
Beet sugar, I 1635
Bell, Charles ]., see Vermont
Benevolent associations, see Char-
itable institutions; Fraternal
beneficiary societies
Benzin, labeling, I i493h
Bequests
exempt from taxation, I 836k
local government, I 2688
See also Wills
Betting, I 883; R 114
Bicycles, I 2718
Biennial legislative sessions, G 113b
Bigamy, I 272
Bigelow, W. D., Food Adulteration,
R 59-60
Billiards, I 881
Bills, legislative, G 106; I 106; R
153-54
Biology, I 2383
Birds, I 1944
game, G 1947; I 1947; R 224-25
nongame, R 225-26
Blacklisting, I 2137, 2134a; R 319-20
Blasting, I 1119
mines, I 2067
Blind, G 2188; I 2188, 2183a, 2183b,
2183c, 2T83d, 2i83h; R 92,06
NEW YORK STATE LIBRARY
Bliss, Aaron T., see Michigan
Bloodhounds, I 205
Blue books, G 72; I 72
Boards, abolition of, R 150
See also specific heads
Boats, I 808a, 8236
Boilers, G 1128; I 1128; R 58
Boisot, Louis, Banking, R 265-
82;
Liens and Mortgages, R 13-15
Bonds, administrators, I 44 ij
bail, I 209, 225m
civil procedure, I 737
contractors, I 779a
leasing state prisoners, I 356a
corporations, I 513, 167 9d
railway, I 1279
court officers, R 37S
exempt from taxation,! 8iof,8ioh,
812b
fiduciary, I 467 b
garnishee, I 742m
guardian, I 445f, 445k
insurance companies, I i74id
liquor license, I 907n, 9i6h
mortgage, I i835f
official, G 38(4; 138(4
attorney general, deputy, I 5oh
county officers, I 2515, 2522 (5e,
2593^), 2593h
insurance commissioner, I 1733c
secretary of state, I 49g
state auditor, I 857c
state examiner, deputy, I 55c
state treasurer, I 857c, 8S9C,
859d, 859f
probate, I 435
railways, G 1279
receivers or fiduciaries, I 448a
seine, use of, I 1971c
state and local, see Debts, public
for support of family, I 4961
surety and guaranty companies,
G 1796; I 1796, 1795c
trustee, I 449f
Bonus, I 1633
Bookmaking, G 887 ; I 887
Boroughs, debts, I 262od
See also Municipalities
Bottles, I 150Z
Boulevards, I 2681
Boundaries
bridges on, I 1396
county, I 2493
property, I 386
roads on, I 2715
state, G 17; I 17
Boundary waters, I 703d
Bounties, on animals, G 1856; I 1856
encouragement of indu§tries, 1 1633
trees, planting, G 1892; I 1892
Bowls, I 88ri, 929b
Boycotts, I 2134a; R 319-20
Branding animals, I 1883; R 82
Branding timber, I 1897
Bread, I 978
Bribery, I 250, 460(5; R 19
in elections, R 160
legislators, G 96, 126c; I 96
telegraph operator, I 1421b
voters, G 126c, 149c, 167a; I i6oz i,
167c, i67d
Bridges, G 1393; I 1393; R 365
railway, hight of, I 2081
Brigadier general, I 2398g
Brodie, Alexander O., see Arissona
Brokers, I 83 3g
insurance, I 1738
Brooks, B. B.,see Wyoming
Broward, N. B., see Florida
Brown tail moth, R 77-78
Brush on roads, G 2744; I 2744
Buck, William B., Charities, R 91-
100
Bucket shops, I 1507; R 258
Budget, G 849; I 849; R 205
local finance, G2575; I 2575
Building and loan associations, G
1718; I 1718, 7oif. i68op; R 280-
81
Building material, I 1466a
Building trades, labor regulations,
I 2054
Buildings, sanitation and safety,
G 1099; ^ i<'99
Buildings, public, G 779; I 779; R
172
insurance, G791; 1 791, 2558;
R173
local government, I 2555
school, G 2233; I 2333, 2561a
insurance, R 306
INDEX TO YEARBOOK OF LEGISLATION I90S
Burglary, I 312
insurance against, I i74ig, 1770k
Burial benefit insurance, I i76ig
Burial expenses, soldiers, I 2411
lots, I 1058
of paupers, I 2152
permits, I 1052
Business taxes, see Taxation, busi-
ness taxes
Butter, I 964, 1427a
California (governor's message), ac-
counts, G855a; budget, G849a;
public btiildings, G 781a, 791a;
charities, G 2140a, 2172a, 2193a;
convict labor, G355a; convicts,
G373b; disqualification of crim-
inals, G 140a; depositories, G 868a;
education, G 2241b, 2242a, 22S4a,
2266a, 2332a, ^344b; floods, G
1113a; forestry, G 1890b; public
health, G932a; horticulture, G
1844b; public lands, G 778b; legis-
lative procedure, G io6a; militia,
G 2391a; mines and mining, G
2020a; pharmacy, G 949b; state
printing, G 67a; state prisons, G
34id; records, G 2365b; reform
schools, G 345b, 346d ; state insti-
tutions, G63C; statistics, G 19a;
' statutes, G 2a, 3a, loa; taxation,
G 800b, 836a
Canal claims, I 855d
Canals, G1384; I 1384, 845h, 1295a
Candidates, elections, G 160; I 160,
i26h, 150C, i67d
Canned food, I 976
Cans, I 1 50 1
Canvass of votes, G 195; 1. 195. 126b,
i26e, i26h; R 169
Capital crimes, I 304
Capital punishment, I 229
Capital stock, I 509
banks, G 1684; I 1684, 1679J
building and loan associations,
I 1721a
insurance companies, I 1739, 1759a
lighting companies, I 2647
railways, G 1279; I 1279
Capitol, G781; I 781, 780a, 78oh,
78oi; R 172
Car companies, G 1267; I 1267. See
also Railwa3rs
Carcasses, disposal of, I 1069, 1150
Cards, I 88 ic
Cars, see Railwajrs; Street railways
Carson, J. C, Feeble-minded and
Epileptic, R 107-9
Casualty insurance, G 1764; I 1764,
1760b, i762e, i795g. i795b
Cattle, I ii44h, ii44i, ii44n, 1144P,
ii44q, 1144Z2, 1148a, 1148b,
1148c
guards, I 1321, i337d
See also Dairy products; Domestic
animals
Caucuses, G 160; I 160
Cemeteries, I 1054, 8iob, 842d
Census, G 21; I 21
school, I 2274
Centralization in state administra-
tion, R 150
Certiorari, I 749a
Challenges, voters, I 2225b
Chamberlain, George E., see Oregon
Chancery courts, I 429h, 448k, 467a,
i7i8e
evidence in, I 722
Chapin, Charles V., Public Health
and Safety, R 45-58
Charitable corporations, I 583f , 583h,
584d, 585e
Charitable institutions, I 2140
board of control, R 149
exemptions from taxation, I 81 a
Charities, G2140; I 63, 2140; R91-
100
blind, G 2188; I 2188; R 92, 96
children, G2172; I 2172; R 92,
96—100
deaf and dumb, I 2184; R 92,96
epileptics, G 2210; I 2210; R 107-9
feeble-minded , G22i5;l22i5; R
107-9
insane, G 2193; I 2193
poor relief, G2149; I 2149; R 92,
94-95
sick and disabled, G 2160; I 2160;
R 95-96
state boards, 1 63, 335b, 2143a,
2149a, 2i72h, 2182a; R 91,
93-94, 149
NEW YORK STATE LIBRARY
Charters, city, R 199-203
Chattel mortgages,! 414; R 13-14
Checks, I 864
Cheese, I 964
factories, 1 9S6g
Chemical laboratories, R 46
Chemist, state, see State chemist
Chicago, charter, R 199
Chicory, 1 1641
Child and animal protection, state
bureau, R 149
Children, G2172; I 2172; R92, 96-
100
adoption, I 497
blind, G 2188; I 2188
cruelty to, G 89S; I 895
custody, I 497
deaf and dumb, G 2184; I 2184
employment, G 2H3a, 21 18
guardianship, I 445
illegitimate, I 270, 424d, 424f,
424g, 424i
juvenile offenders, G371; I371;
R 96-97
labor, I 21 18; R 321-29
employment, 1 21 18
hours, I 2085c; R 328
mines, I 2T21
probation, G 374
reform schools, G346; 1 346; R
118-19
See also MinoTs; Orj^hans; Schools;
Wards and guardians.
Cholera, I io2oh
Churches, see Religious corporations
Cider, G918
Cigarettes, l92S;RiiS
Circuit courts
appeals, I 733X6
branch, in coimty, I 6o9d
chancery, jurisdiction in, I 6o9f
clerks, I 67 le, 67 li
franchises, powers relating to,
I 2628k
infant, custody of, I 211b
insane, property rights, I 495c
judges, I 668e, 668f, 668k, 668m,
668n, 668v, 668y, 668z
judgments, I 73 5f
juries, I 73oq
grand, I 2i3f, 2i3g
Circuit cotirts (continued)
marriage licenses, powers relating
to, I 478c
medical licenses, revocation of,
l944t
reporter, I 6o3e
special attorney, I 675t
terms, I 609J, 609k, 6o9r
venue, change of, I 710b, 710c,
7ioi
Circuses, I i532e
Cities, see Municipalities
Citizenship, G 117; I 116
restoration to, I 370b
Civil law, G375; I 375
Civil procedure, G 695; I 69S; R 370-
76
Civil rights, I 122; R 156
Civil service, G 38(1; I 38(1; R 145-
46, 149, 152, 196-97
county, G 2512; I 25^2
municipal, G 2473; I 2473
Civil War veterans, see Veterans
Claims
against estates, I 442
against state, G 855; I 855
local finance, I 2586
state finance, G 854; I 854
Clams, I 2007
Clerks, see Counties, Courts, Munici-
palities, clerks, etc.
Clow, Frederick R., Local Finance,
R 204-14
Coal, I 788a
docks, I 845t
weights and measures, I 1441
Cobb, William T.. see Maine
Cocaine, G 926, 952b; I 926
Codification of statutes, G 10
Cole, T. L., Bibliographic Notes on
Session Laws, Revisions and Con-
stitutional Convention Publica-
tions, R 140-42
Collateral inheritance tax, G 836a
836c; I 836b. 836d. 8366, 8361,
836k, 836P
Collectors, tax, see Tax collectors
Colleges, I 2332
agricultural, I 2344
Colonial laws, G 2365; I 2365
INDEX TO YEARBOOK OF LEGISLATION I905
Colorado (governors' messages), ac-
counts, G 856a, 856b; adulteration
of foods, G 956b; budget, G 849a,
849b, 85 la; charities, G 2177a,
2198a; convict labor, G 354b; con-
victs, G 373c; cruelty to children
and animals, G 895a; public debts,
G865a; education, G 2240a, 2244a,
2254b, 2266a, 2332a, 2344a, 2349a;
elections, G 126a, 149a, 195a; ex-
positions, G 1662b, 1662c; local
finance, G 2578a; forestry, G
1890c; public health, G932a; his-
torical societies, G 2366a; irriga-
tion, G 1183a; labor, G 2085a,
2085b, 2136b, 5136c, 2139a, 2139b;
public lands, G 776b; state library,
G 2354a; mob violence, G927b;
state printing, G 68a; state prisons,
G34ia; reform schools, G 346a;
reformatories, G 347a; roads, G
2702b; soldiers homes, G 2416a;
state officers, G 38a, 38(ia, 38(6a;
state supplies, G 787a; taxation,
G 819b, 825a
Combinations, G580; I 511, 589
insurance, G 1740; I 1740
railways, I 1272a
street railways, I 1342
Commerce and industry, G1422;
I 1422; R 257-64
Commercial feeding stuflfs, I 1472,
956g; R 69-72
Commercial fertilizers, R 68-69
Commercial schools, I 2345
Commission
acceptance of, I 460(5; R 18-19
merchants, I 1544
Commissioners
counties, see Counties, commis-
sioners
special, I 693
Common carriers, G 1240; I 1240,
1200a, 1200b, 1237c
Common pleas, court of, 1 667a,
223ir, 2523c, 2628h
Communicable diseases, G 1020; I
1020, 936b, 936e; R 54-55
of animals, G 11 44; I 11 44; R 84-
90
Commutation of sentence, I 366
Comptroller, state, see State comp-
troller
Compulsory school attendance, G
2270;! 2270, 371(3^, 2223i;R 303-
4
Concealed weapons, G262a;l262
Condemnation of property, I 382;
R8
bridges, I 1395a
cemetery purposes, I 1055a, 1057a,
1057b
county buildings, I 2557c
electric companies, I 26450
fishing rights, I 1900W1; R 229
land for public improvements,
Ii8d
levees, I 1197c
local finance, I 2554
parks, I 2685
public works, I 2625
railwa3rs, G1297; I 1297, i267n;
R 360-61
roads, I 27iit, 2711Z
school buildings, I 2 233f
sewers, 2663, ^ 266id, 266if
state university, I 2333b
street railways, I 1361, 133 7d
streets, I 27iii, 2711s, 2712a
waterworks, 2649, I ii8oh, 1183Z,
ii85f, 2655b
Condiments, I 1006
Conditional sales, I 415
Confectioneries, workshop regula-
tions, I 2053
Confectionery, I 1008
Confederate veterans, I 2416c
p)ensions and aid, G 2409; I 2409
See also Veterans
Confidence game, I 325k
Congressional apportionment, G 83a;
183a
Connecticut (governor's message),
agriculture, G 1826a; automobiles,
G 2723a; budget, G849a; public
buildings, G78ia, 781b; charities,
G 2213a; constitution, G 32a; con-
vict labor, G 357a; courts, G 645a,
668a; education, G 2223a, 2231a,
2350b, 2350c; expositions, G
1662c; labor, G 2040b, 2i36d; leg-
islature, G 80b; libraries, G 2357a;
NEW YORK STATE LIBRARY
State library, G 2354b; militia, G
2391b, 2392a; reformatories, G
347b; roads, G 2700b; state oflBi-
cers, G 38b, 38(8a; statutes, G 2b;
taxation, G 836b, 845d
Constables, I 663, 6S9f
Constitutional amendments, 1 33 ;
publication, I 5c; printed on
separate ballot, I i8ib; adopted,
I 35 ; pending, I 34 ; rejected, 1 36
arbitration, G 2136b
attorneys, I S92e
ballots, G 175c
biennial sessions, G 113b
budget, I 849a
census, G 21b
chies, I 2432a, 2433a
convict labor, I 36oe
coroners, I 647a
corporations, I 503a, 506a
county auditors, I 2593d
coimty commissioners, I 2504a
county officers, I 2512b
courts, I 6o8g, 609a, 609b, 609!!,
6o9i, 655n, 668c, 668f, 668g,
668m
debts, 1 865a, 865d, 86se, 2S97a,
2598c, 2598d
depositories, I 868c
direct legislation, Gii5b;Iii5b
drainage commissioners, I 119 2d
drains, I ii92y5
elections, G 187a, i87d; 1129a,
134a, 135a. i7ie, i7Sb, 185a,
185c
eminent domain, I 38211
forestry, G i894f
labor, hours of, I 2040b, 2085a
legislative bills, I io6a
legislature, I 77a, 8of, 90a, 90c
sessions, I 113a
lieutenant governor, I 48a
negroes, I 122c
passes, I 1237c
peddlers, I 1560J
probate courts, I 430c
public officers, I 38(9e
salaries, I 38(8a
public works, I 2620c
railways, G 1267b; I 1200a, 1282b,
1283a
Constitutional amendments {conVd)
roads, G 27o2i, 2702m; I 259701,
27ooy8, 27o2g, 2702!, 27021^9
27020, 2702W, 2713m
school fimds, G 2240c; I 2241a,
2241b, 224IC, 224ld
school lands, I 22408
school superintendents, I 2 2 2 8a
sheriffs, I 69 if
special legislation, I 88a
state officers, G 38a
state printer, G 67b; I 68d
taxation, G 8oog, 800I, 8o7e, 8256,
830b; I 8oof, 8iof, 812a, 8i2g,
846b, 2 577n
tenure of office, I 2478a
timber, transportation, I i899f
trials by jury, G 732a
United States senators, G 84b, 84c
veto power of governor, G 45a,
45b, 4Sd; 145a
woman suffrage, I 146a
Constitutional conventions, G32;
I 30
Constitutional law, G 15; I 15
Constitutionality, question of, I Z2
Constitutions, G30; I 30; R 143-44
Consumption, G 1042; 1 1042; R 55
Contagious diseases, see Communica-
ble diseases
Contempt of court, I 240
Contests, elections, G 196; I 196,
i75h
Contractors, I 779a, 2096c
liens, I 421k
Contracts, G 453; I 453; R 16-21
abandoning written, I 422a
corporations, I 510
labor, I 2113(5
officers' interest in, I 789, 2561
public, G787; I 787
local finance, I 2560
for sale of land, I 394
tax on, G835; I 835
Conveyance of property, G 392 ; I 392
by corporations, I 512, 500c
incompetents and minors, I 447
public, I 776, 792
Convicts, contracts by, I 453b
labor, G 341b, 354; I 354; R lai-
23
INDEX TO YEARBOOK OF LEGISLATION I9OS
Convicts (continued)
roads, G 2702(1, 2702k
See also Criminals; Prisoners
Com products, I 1459
Coroners, I 647, 657!, 7o5q
Corporations, G 500; I 500; R 367-69
bonds, I 513, i679d
capital stock, I 509
charitable, I 583!, 58311, 584d, 5850
consolidation, I 511
drainage, I 1T93
educational, I 58311, s84d, 58sb,
585d
foreign, I 525, s89b, 84ig, 842d;
R 368-69
funds, use for campaign expenses,
I 154
government, I S17
insolvency, I 523
not for profit, I 583
property, I 509, 585, 588
religious, I 586, 583^, 585d, 585©
shares, I 516
taxes, G841; I 841; R 182, 185,
186
See also Banks ; Combinations ; In-
surance; Public service corpora-
tions ; Railways etc.
Correctional institutions, see Reform
schools; Reformatories
Corrections, G335; I 335*. R 116-28
Corrupt practices, G 149; 1 149, 126a;
R 157-60
Costs in actions, I 226, 737
Cotton, I 1546
Cotton seed meal, I 1473
Coimselors, see Attorneys
Counterfeiting, I 316
railway tickets, I 1229
Counties, I 2492
assessors, see Tax assessors
attorney, to appear for county,
I675f
assistant, I 675h
commitment to institutions, I
2151J
complaint, filing, I 2i2d
lunacy proceedings, I 2205b
penalties, I 657c
salary, I 6756
stenographer, I 675d
Counties {continued)
auditor, I 2593
assessment roll, I 8i9t
assistants, I 2593e
bond, 1 2S93b
deputy, I 2S93f
duties, I 2593n
records, I 829x9
salary, I 2 593e, 2593m, 2 593n
term, I 2593k
bridges, I i396d, i396h, 1403a
buildings, 1 2555
chosen freeholders, I 2200a
civil service, G 2512; I 2512
classification, I 2494
clerks, I 2521
ballots, to destroy, I i75h
bond. I 2515b
fees, I 2Si7i, 252id
salaries, readjustment, I 659c
school supplies, warrants for,
I 2244U
water users associations, I 11 86c
commissioners, I 2501
accoimts, examination of, I
2579a, 2579d
agricultural societies, appoint-
ing delegates to, I 1840c
appointment in new counties, I
2498b
attorney, special, employment,
I 2501b
bees, appointing inspector, I
1171b
bridges, I 1393^. i393i. i393J
building sites, I 2555a, 25S5b
buildings, county, I 2557g
charities conference, to attend,
I 2144b
county name, I 2492b
county records, I 24970
drains, I ii92q, ii94d
engineers* licenses, I 1130b
expositions, I 1662Z
farmers institutes, I 1829b
franchises, I 2628J
game preserve, I 1910b
gas wells, appointing inspector,
I 2035c
horticultural commissioners, I
1844P
NEW YORK STATE LIBRARY
Counties, commissioners (continued)
jury commissioners, to audit
claim, I 729a
mileage, I 2 5ioi
motor vehicles, I 2723U
in new counties, I 2498c
noxious animals, I 1862a
powers and duties, I 2501
reports, I 2509a
roads, I 2700P, 2706a. 271 it,
2711Z, 2715a, 2719a
salary, I 2510
schools and teachers, I 2227p,
22446, 2250b, 2263d, 2327c
stealing animals, rewards for ar-
rests, I 1884 f
Sunday observance, I 929c
term of office, I 2504a
tires on vehicles, I 2745a
township plats, to procure
copies, I 820c
water rates, regulating, I ii83h
weights and measures, I 1426b
consolidation, G 2498
constable, I i586e
courts, administration of estates,
I 440a, 447f
bridges, repairs, I 1393d
clerks, I 67 in, 67 ip, 2513a
fimds, loan of, I 2 587d
judges, I 212a, 445j, 668g, 668t,
668u, 668y
jurors, I 730b, 730W
property, sale of, I 2564a
public utility corporations, rates,
I 2627b
roads, I 27ooy3, 271 it, 2711U
school supplies, warrants for,
I 2244U
summons, I 7o5r
taxes, collection, I 82 7q
terms, I 609m, 6o9q
vaccination, enforcing, 1 1027b
debts, I 2597
almshouse, I 2157a
bridges, I 1393?
building sites, I 2555a, 25S5b
buildings, I 2557a
courthouse, I 2 557d
roads, I 2700P, 2 7ooy6, 2721c
education, boards of, G 2230
Counties (continued)
elections, see Elections
engineer, I 2523
fish and game wardens, I i89og,
i9ooi, 1900x8
fruit inspector, I i844t, 1844Z1
game protector, I i90ow^6
game warden, I 19000, 1900x6,
i9ooy6
government, G 2492
health boards, I 932a, 932h, 934b
934c, 934g
jails, I 349
mine inspector, I 20630
new, G 2498; I 2498
officers, G2593; I 2512, 38(8q,
i7ie, 856b, 856c, 856f
fee system of paying, R 203
financial, I 2593
police, G874; I 874
recorder, I 2522(5
fees, I 65Qb, 251 7i
mortgages and securities, list,
1823b
oaths, may administer, I 2586c
records, I 396c, 396k
records, I 2497
roads, see Roads
schools, see Schools
seats, I 2495
sheriflf, I 691
beef and hide inspector, I i884d
exhibitions, may enter, I 8930
fees, I 659b, 6596, 659f
fish and game warden, I i9ooi
horse thieves, reward for cap-
ture, I i884f
itinerant vendors, tax on, I
i586e
penalties, I 657c
removal, I 657f
service of process on, I 7o5q
tax laws, enforcement, 1 827J
827k, 827m
supervisors, agricultural statistics,
I 1832a
bridges, I i393f
' dikes, constructing, I 1192a
dog tax, I 1889b
live stock inspector, may ap-
point, I 1144c
INDEX TO YEARBOOK OF LEGISLATION I905
Counties, supervisors (continued)
poor, duties relating to, I 2144(1
powers, I 2492a
roads, I 2700k
water companies, I 2655a
surveyor, I 2523, 386a, 386c, 390c,
2S57b
taxation, see Taxation, counties
treasurer, accounts, I 2579a, 2579!,
2579g
bond, I 2515b
payments to attorneys, I 227a
penalties, I 2593P
reports, I 2593a
road taxes, I 2713c
salary, I 2593c
surety, I 2 593g
taxes, collection, I 82 7h, 829U
vacancy in office, I 2593J
trustees, I 2244U
See also Municipalities
Counting votes, see Canvass of votes
Court of appeals, I 605, 606b
(intermediate), I 609s
district, I 603c, 6S9a, 668b
Court of claims, G 855; I 855
Court of pardons, I 373
Courts, G 600; I 600; R 27-34
chancery, 1 429!!, 448k, 467a,
i7i8e
circuit, see Circuit courts
clerk, I 671, 479a
common pleas, I 667a, 2 23ir,
2523c, 2628h
county, see Counties, courts
district, see District courts
inferior, G 645 ; I 645
intermediate, G 609 ; 1 609 ; R 30-3 1
justices, see Justices of the peace
juvenile, l37i(3» 37ib
land, I 733r
mvmicipal, 1 655, 668x, 7o5y,
2569b; R 31-32
officers, G657; I 657
orphans, I 430, 385e, 432b, 442y5,
446f, 711b
police, I 655
probate, see Probate courts
quarter sessions, I 733y4, 27ooy6
reports and reporters, I 603, 6940;
R32
Courts (continued)
superior, see Superior courts
supreme, see Supreme courts
surrogates, I 430
Crabs, I 2008
Credit insurance company, I i795g
Cremation, I 1061
Crimes and offenses, G 234; I 234;
R 111-15
statistics, G 19a; I 19a
See also Penalties
Criminal law, G 200; I 200
Criminal procedure, G202;l202
Criminals, disqualification of, G 140
execution of, I 229
identification of, I 369; R 125
bureau of, R 149
insane, G361; I 361; R 123-24
See also Prisoners
Criminology, see Corrections
Crippled children, I 2174
Crossings, railway, I 13 17
roads, I 13 19
street railway, I 1368(5
Cruelty to animals, I 896; R 1 14-15
Cruelty to children, G895; 1 895,
2172
Curtesy, I 492
Customs, G 847
Cutler, John C, see Utah
Cyclone, insurance against loss by,
I 1787
Dairy commissioner, see Food and
dairy commissioner
Dairy products, G961; I 961, 956b,
956g, 1493a; R59
Dairymen's associations, I 1836
Damages
action for, I 699a, 2708a, 2708b
animals, I 1321a
personal injury, G 47 1 , 2 1 2 5 ; I 47 1 ;
R20
employers liability, I 2125
liability of municipality, I 2446
on roads, I 2728
to property, I 326, 468, 27iig,
2711J, 2736a
bridges, I 1399
domestic animals, I 1879
freight, I 1247
NEW YORK STATE LIBRARY
Damages to property {continued)
railways, I 1333; R 357-58
street railwajrs, I 1375
trees, I 2742(1, 2742e, 2742g *
See also Condemnation of property ;
Property, crimes against
Davis, Jefferson, see Arkansas
Dawson, W. M. O., 5^^ West Vir-
ginia
Days of grace, I 465
Dead bodies, I 1048
Deaf and dumb, G2184; I 2184,
2183a, 2183b, 2183c, 2183d, 2i83h,
2205k; R92, 96
Death penalty, I 229, 286c
Debts, authorization of, R 173-74
Debts and debtors, I 4S4, 699a, 735
judgments, I 73S
See also Attachment ; Insolvency
Debts (public), G 865; I 865
almshouse, I 2157a
bridges, I 1393b, 1393c, i393g.
27oon, 2700P
buildings, i 25S5a, 25S5b, 2557a,
2610a
capitol, I 781b
courthouse, I 2 5S7d
drains, I ii92g, ii92h, 1192P
jails, I 350a
levees, I ii97d
libraries, I 2358d, 2358i
lighting and heating plants, I
2629b, 2629d, 2635c, 2635f,
265oe
local and municipal, G2S97; I
2597, 2S86e, 2S99a; R 207-8
parks, I 2684, 2679a, 2679f
roads, I 27oon, 2700P, 27ooy6,
2702s, 2721C
school, I 2245, 2233a, 2233c, 2233i
sewerage, I 2672, 2 598d, 2620b,
262od, 266if, 266ii, 2670a,
26716
street improvement, I 2 598d,
2620b, 2707a
waterways, I 1805b
waterworks, I 2598b, 2598c, 262od,
2629b, 2629d, 263SC, 2650a,
2650b, 26506, 265of, 26501
Decedents estate, G426; I 426; R
11-12
Deeds, commissioner of, I 38(9f
public lands, I 777
registers of, I 2522 (5, 657^, 823b
tax on, G 835; I 835
Defectives, G 2183; I 2x83
blind, G2188, I 2188
deaf and dumb, G 2184; I 2184
epileptics, G2210; I2210
feeble-minded, G2215; I 2215
insane, G2193; I 2193
Deformed children, I 2174
Delaware (governor's messages) ,adul-
teration of foods, G 956c; boun-
daries, G 17b; budget, G 849a;
charities, G 2183a, 2205a, 2215a;
convict labor, G354C, 358a; com-
municable diseases, G 1042c; edu*
cation, G 2228a, 2233b, 2246b,
2246c, 2272a, 2334a; elections,
G 175a, 184a, 187a; fish and game,
G 1900c; public health, G932a;
legislative procedure, G io8a; li-
braries, G 2357a; liens, G 405a;
liquors, G904a; militia, G 2391a;
roads, G 2702c; statutes, G 3b;
taxation, G 833a, 843a
Delinquent taxes, G829; I829
Deneen, Charles S., see Illinois
Dentist, action against, I 471b
Dentistry, G 948; I 38(8g, 948,1588a,
iS88d; R 51-52, 3o7
Dependents, see Charitable institu*
tions
Depositions
civil procedure, I 721
criminal procedure, I 221
Depositories, G 868; I 868
local finance, G 2600; I 2600
Deposits
banks, I 1688, 1712; R 174
public funds, I 868, 2600
insurance companies, I 1741
savings banks, G 1712; I 17 12
Descent, I 424
Detectives, I 206
Devises, see Wills
Dikes, G 1192; I 1192a, 1197
Dipsomaniacs, I 921, 733k, 2166b
Direct legislation, G 115; I ii5.
2465a; R 155. 193-95
INDEX TO YEARBOOK OF LEGISLATION I905
Direct nominations, G 160(3; 1
160(3, i6oj
Discriminations, I 1593; R 259, 261
insurance, I 1742
life insurance rates, R 287
railways, R 352
transportation and communica-
tion, G 1204; I 1 205
express, I 1379
telegraph and telephone, I 1420
Diseases, communicable, G 1020; I
1020, 936b, 936e; R 54-55
of animals, G 1144; I 1144; R 84-
90
Disorderly conduct, I 258
Dispensaries, liquor, G903; I 903
Dissection, I 1062
Dissolution
banks, I 1687
insurance companies, I 1743
Distraint for rent, I 42 2f
District attorneys, I 675
assistant, 675k, 675q, 675r
commitment to institutions, I
2151J
insurance agents, prosecution, I
i736d
prosecutions, I 675m
qualifications, I 675a
removal, I 657f
salary, I 675g, 675J, 675q, 675r
substitute, I 67 5p
District court of appeals, 1 603c,
659a, 668b
District courts, I 609
appeals, I 733J, 733k, 733n, 825h,
27iin
attorneys, judges as, I 668x
clerk, I 209h
assistants, I 671J
fees, I 671k, 671m, 67iq, 67ir
costs in actions, I 226J, 737c
coimty oflficers, removal, I 2518a
judges, I 609c, 6o9d, 668p, 668w
judgments, I 73 5f
jury, I 730a, 730b
oil wells, I 2037b
plats, I 39of
pleadings in, I 591a
prosecutions, I 212b
sergeant-at-arms, I 689a
District cotirts {continued)
special terms, I 609 1
stenographers, I 694d, 694g
trust property, I 448h
villages, territory, I 2439J
Ditches, I 1192; R 243-56
Divorce, G 480; I 480; R 23-24
business, soliciting, I 488
statistics, I 19a
Docking horses, I 896b, 896k
Docks, I 1804
Doctors, see Physicians
Documents, R 133
Dogs, I 1888
Domestic animals, G1875; I 1875;
R 80-90
contagious diseases, G 11 44; I
1144
taxation, I 824
See also Live stock
Domestic economy, schools, I 2343a,
2350a, 2350c; R305, 306
Domestic relations, G 474; I 474
Douglas, William L., see Massachu-
setts
Dower, I 492
Drainage, R 243-56
commissioners, R 147
Drains, G 1183, 1192; I 1192
irrigation, I 1183
Dramatic compositions, I 403 ; R 8
Drift timber, I 1897
Druggists, G949; I 949, 900a, 926h,
953c; R 52-53
hours of labor, I 2095
liquor sales, I 913
Drugs
adulteration, 1 956a, 956c, 956t,
956X, 956y, 956Z2, 1493J
conveyance to convicts, I 352i
distributing samples, I 1137a
sale of, G 952; I 952; R 115
Drunkards, 1 921, 733k, i32o(5a,
2166b
Durbin, Winfield T., see Indiana
Dust in factories, I 2051
Earl, Charles, Corporations, R 367-
69
Eaton, Amasa M., The Family, R 22-
25
NEW YORK STATE LIBRARY
Education, G 2220; I 2220; R 297-
307
boards of, I 2225d, 2253a
city boards, I 2 2 23g, 2231m,
2231P, 2231W, 2233a, 2233J,
2244q
county boards, G 2230; I 22276,
2233g, 224Sb
district boards, I 2 23 in, 2231X,
2244y, 2270k
state boards, G2229: I 2229,
2230i, 2270b, 2270m, 2282d,
2288b
compulsory, G 2270; I 2270,
37i(3b, 2223i; R 303-4
district, township and municipal,
G 2231
elementary, G 2223; I 2223
higher, G2330; I 2330; R 307
industrial, R 305-6
negroes, G 2246
professional, G 2342 ; I 2342 ; R 307
secondary, G2223; I 2223; R
304-5
technical, G2342; I 2342; R 306
See also Schools ; Universities
Educational corporations, I 583h,
584d, 585b, 585d
Educational institutions
board of control, R 148, 151
exemptions from taxation, I 812
See also Schools; Universities
Eldridge, M. O., Roads, R 331-44
Elections, G 126; I 126; R 156-70
certificates, I 163
contests, G 196;! 196, i75h
counties, I 2521c, 2522(5d, 2597b
days, G 171; I 171
legal holiday, I 1604
districts, I 172
expenses, I 150c, i67d
municipalities, I 2556a, 2557a,
25Q8b, 2629a, 265oq
offenses, G 149, 167; I 149, 167
officers, I 192, 126c, i26d, 175b
primary, G 160; I 160, 126a, 126k;
R 160-66
returns, G 195; I 195, 126c, i26e
sanitary district, trustees, I 2661c
school, I 2225* 2 23 IV, 2233P
sewerage plants, I 266ih
Elections {continued)
towns, I 2703b, 27036, 27o3f
townships, I 2531, 2533b, 2533d,
2542a, 2542b
Electric apparatus and power, inter-
ference with, l32o;Rii2
Electric companies, G 2638a; I 2628c,
2628h, 2638a
taxation, G 84 5n; I 84 5g
Electric light and power, I 2633, 2645
commissioners, I 2643b
plants, 1 845g, 2629b, 2629c,
2629d; R 211
Electric meters, I 2642
Electric railways, see Street railw^ays
Eleemos3mary institutions, see Char-
itable institutions
Elevated roads, I 1338, 1362a
Elrod, Samuel H., see South Dakota
Embalming, practice of, G ro5r,
938a; I 1051, 727b
examining board of, I 38(8g; R 53,
147
Embezzlement, 1 322, 308a, 445d;
R113
Emigrant agents, I 2114
Eminent domain, see Condemnation
of property
Employees, G2040; I 2040; R 309—
20
bribing, I 460(5 ; R 19
hours of labor, G2085; I 2085;
R 314-16
mines, G 2063; I 2063, 2064; R
324-25
hours of labor, I 2094
wages, I 2107
prison, R 117
railways, 1 2077, 896c, 13 14b,
1320(5, 1321a; R311
hours, I 2097
safety, 2052
wages, I 2100, 8331; R 316-17
See also Labor
Employers liability, G 1762a, 2125;
I 2125; R 311-14
insurance companies, I i74ig,
i762f ; R 292-94
Employers, see also Labor
Employment, G 21 13; I 21 13
bureaus, G2115; I 2115; R 149
INDEX TO YEARBOOK OF LEGISLATION I905
Employment {continued)
offices, G 2^14; I 2114; R 318-
See also Labor
Endowment insurance, I 1760a
Engineers, G 1128; I 1128; R 58
See also Coimties, engineer; State
engineer
Engines, highway bridges, I 1399
Enrolment of voters, I i26g, i6od
Entomologist, state, R 149
Entry and detainer, I 470
Epidemics, see Contagious diseases
Epileptics, G 2210; 1 2210, 477a,
22o5i; R 107-9
Equalization of taxation, G825; I
82s; R 148
Equity causes, I 711
Escheats, I 383
Estates, I 384
administration of, G426; 1 426;
R 11-12
succession to, R lo-ii
Estrays, I 1879 ;R 81
Eucane, I 926a
Evening schools, G 2319
Evidence, see Witnesses
Examiner, state, R 150
Exceptions, civil procedure, I 734
Excise, G 907 ; I 907 ; R 35
Execution
of criminals, I 229
exemptions from, I 451
of judgments, I 736
Executive mansion, G782; I 782,
780a, 78oh, 78oi
Executors, I 441, 384b, 43id, 442,
5i8d, 7o3g; R 12
Exemptions
from execution, I 451
from jury duty, I 727
from taxation, G810; 1 810; R
176-77. 184
bequests, I 836k
corporations, I 841a, 841b
forests, I i892e
industries, I 1633
lands ceded to U. S., I i8c
municipal bonds, I 809c
railways, I 1283
shows, I 1835 k
Exhibitions, I 893, iS32e; R 114
Exits, I 1 102
Expectoration, G 1073
Experts, evidence, I 222
Explosives, I 1117; R 57-58
crimes, I 310
fishing, I T973
mines,* I 2067
Expositions, G 1662; I 1662
Express, G 1267; I 1267, 1378
companies, R 361
franks, G 1237a
taxation, G 845k; I 833d. 8336,
845f, 8453, 845W
Extradition, G 210
Eye diseases, I 1038
Factory regulations, G 2040; I 2040;
R 147, 310-11
Fairlie, John A., Mvmicipal Fvmc-
tions, R 209-14
Fairs, G 1662; I 1662
agricultural, I 183S, 1840; R 62-
66
commissioners, R 149
state, G 1840
False pretenses, I 324, 219a
Family, G 474; I 474; R 22-25
crimes against, G 264; I 264
property, I 490
support, G 496; I 496; R 24-25
Farcy, I 115S
Farmers institutes, G1829; I 1829;
R 74-75, 147
Farming, see Agriculture
Feeble-minded, G221S; I 2215,
2i83e; R 107-9
guardianship, I 446
marriage of, I 477a
Feeding stuflfs, R 69-72
Fees
public officers, I 38(8
state officers, R 145
See also specific officers
Fellow servant law, G2i2S;l2i25
Felony
appeal from conviction for, I 225g
bank officers, I 1687c
bribery, I 250k
bribing employee, I 460 (5b
burglary, I 312a
NEW YORK STATE LIBRARY
Felony (continued)
children, abandonment, I 496m
convicts, communicating with, I
242b
corporation funds, use for cam-
paign expenses, I 154a, iS4b
corporations, I 507b
electric apparatus and power, in-
terference with, I 32of
embezzlement, I 322c
employers, I 2096a
explosives, destruction by, I 310c
family, nonsupport, I 496d, 496P
fraud, I 32Sm, 32Sn
ginseng, injuring or removing, I
i844i, i844q
guideposts, I 2733a
hvmting, I 1921a
indecency, I 278a, 278b
live stock, sale of, I 1884b
lynching, I 927b
malicious mischief, I 326b
marriage of defectives, I 477a
milk, adulterated, sale of, I 9676
prisoners, aiding escape of, I 242f
property, obtaining by fraud, I
464d
prostitution, I 928d
railway employees, I 13 20 (5a
railways, injury to, I 1333b, 1333d,
1333k, i333q
trial of, I 223c
Felt, E. P., Horticultural Diseases
and Pests, R 76-79
Fences
property lines, I 387
railw^ay, I 132 1, i337d
Ferguson, Thompson B., see Okla-
homa
Ferries, I 1388
Fertilizers, I 1474; R 68-69
Fetter, Frank A., State Finance,
R 171-72; Taxation, R 176-87
Fidelity companies, see Surety com-
panies
Fiduciaries, I 441, 448, 384b, 5i8d
Finance
local, G 2550; I 2550; R 204-14
school, G 2237; I 2237
state institutions, I 2333
state, G 770; I 770; R 171-72
Finance (continued)
state institutions, G 2333*
See also Accounts; Fimds; Taxa-
tion
Financial condition, false statement
concerning, R 113
Financial officers, G857; I 857; R
206-7
local, G 2588; I 2588
Fines, I 226
See also Penalties
Fire
alarms, I 1096
departments, I 2603
drills, I 2280
escapes, I 1103
insurance, G 1764; I 1764, 1732b,
i732i, 1736b, i736e. 1739a.
1740a, 1742a, i747e, i754e,
2233q, 2619a; R 289-92
foreign, I 1766, 17321, 17366,
2616b
limits, I 1 104
protection, R 56-57
wardens, I 1893k, 1900W4
Firearms, G 262; I 262
Firemen's associations, I 2619a
Fires, G 1092; I 1092
forest, G 1893 ; I 1893
Fireworks, I 1121, iii7e
Fiscal year, G 860 ; I 860
local government, I 2584
Fish, G 1900, 1959; I 1900, 1959;
R 227—29
Fish and game commissioners, see
State iish and game commission-
ers
Fish and game wardens, I i89og.
1900m, 1900P, 1900W7, 1900x8
i90oy8, 1961S
Fishing, see Misdemeanors, fishing;
Penalties, fishing
Fisk, George Mygatt, Commerce and
Industry, R 257-64
Flag day, I 2429
Flags
battle flags, I 2371
desecration, G 252; I 252; R 1x2
schools, I 2236; R 306
state, I 24
Floods, G 1H3; I 1113; R 57
INDEX TO YEARBOOK OF LEGISLATION I905
Florida (governor's message), adul-
teration of foods, G 956d ; agricul-
ture, G 1826a; attorney general,
G 50a; barbers, G i54ob; budget,
G849a; census, G2ia; charities,
G 2183a, 2i98d; convict labor, G
356a, 357b; courts, G6o5a, 668b:
criminal procedure , G 2 1 3a ; cruelty
to animals, G896a; public debts,
G 865a; education, G 2220a, 2223a,
2223b, 2240a, 2284a, 2288a, 2332a,
2332b; elections, G i6ob, i6oc,
167a; local finance, G 2579a,
2583a; fish and game, G i9ood,
20iia; forestry, G 1893a; life in-
surance, G i7S4a; liquors, G 911a;
militia, G 2391a; nuisances, G
1073a; pensions, G 2409b; rail-
ways, G 1267b, 1301a, 1314a,
1314b, 1314c, 1315a; reform
schools, G 346e; soldiers homes,
G 2416a; taxation, G 825b, 833b,
845e; vital statistics, G 938a
Folk, Joseph W., see Missouri
Food and dairy commissioners, I
956g, 956h, 956P, 956W, 956X,
956Z1, 998d; R 146-47
inspectors, I 9S6i
Foods, adulteration, G956; I956,
1493.1; R 59-60
Football, I 929b
Fords, I 1388
Foreclosures, I 406, 410, 7oih, 703J
Foreign corporations, 1 525, 589b,
84ig, 842d; R 368-69
banking, I 1689; R 278-79
building and loan, I 1723
fraternal beneficiary, I 176 id
insurance, I 1746, 1732k, 1736c,
i747d
accident, I i762g, i762h
fire, I 1766, i732i, i736e, 2616b
Foreigners, see Aliens
Forest fires, G 1893;! 1893
preserves, G 1894; I 1894, 2713J
Forestry, G 1890; 1 1890; R 215-19
commission, I ii8oj, 1893k, Z96xg,
197x6, 2650P; R 147
See also Timber
Forgery, I 316
Formaldehyde, I 1475; R 72
Fornication, I 274, 264a
Franchise
electoral, G 129; I 129
school elections, I 2225
Franchises, G 115a, 115c; I 2628;
R 199, 200, 213-14
municipal, G 2627a
railways, I 1298, 1267a, 1272a
street railways, I 1362, 2628c; R
363-65
taxation, G 8ooc, 8oof, 836f ; I 841 ;
R 184, 186
telegraph and ' telephone compa-
nies, I 1 41 5
water power companies, I 11 80m
See also Corporations
Franks, G 1237; I 1237
Fraternal beneficiary societies, G
1761; I 1761; R 287-88
Fraud, I 325; R 11 2-13
Frazier, James B., see Tennessee
Free public libraries, G2356; I 2356
Freight, G 1240; I 1240
discriminations, I 1205
line companies, I 845W
rates, I 12 12; R 351-52
on street railways, I 1345a
supply of cars, G 1301a; I 1307
transfer facilities, I 1312
Freund, Ernst, Property, R 7-12
Fruit pests, G 1844; I 1844
Fruits, weights and measures, I 1429
Funds, I 861
depositories, G 868; I 868
local, G 2600; I 2600
local, I 2587
See also Finance
Funeral benefit insurance companies,
I 1762c
Funeral expenses, I 442X, 442y2
Fungicides, R 72-73
Furnishers, liens, I 42 in
G. A. R. I 2423
Gambling, G 887; I 883; R 114
Game, G 1900; I 1900; R 220-26
big game, I 19 13; R 223-24
birds, G 1947; I i947; R 224-25
small game, I 1927
wardens, I i890g, 1900m, 1900P,
1900W7, 1900x8, i9ooy8, 1961S
NEW YORK STATE LIBRARY ,
Garbage, I 2663(5
Garnishment, I 742, 74if, 74ig; R
375-76
Garvin, Lucius F. C, see Rhode
Island
Gas, G 2035; I 2633
commissioners, I 2643b; R 148
mains and meters, interference
with, I 320
meters, I 2642
natural, I 2035
rates, I 2643
Gases, factories, I 2051
Gasolene, I 1493^* i493<i. 1493^,
i493h
Geological survey, R 148
Geologist, see State geologist
Geology, G 2384; I 2384
Georgia (governor's message), battle
flags, G 2371a; convict labor, G
357c; education, G 2343a, 2344c;
elections, G i6od; encouragement
of immigration, G 1675b; records,
G 2365a; taxation, G 807a, 825c,
836c, 841b
Gifts, parks, I 2688
Ginseng, I 18441, i844q, 184423; R 79
Gipsy moth, R 77-78
Girls
institutions for, G 345; I 345;
R 117-18
in saloons, I 910c
Glanders, G ii55; I "55
Glenn, R. B., see North Carolina
Gold ware, I 1476
Gooding, Frank R., see Idaho
Government
crimes against, G 236; I 236 ;R 112
documents, G 67 ; I 67
ownership
light, heat and power, I 2635
municipal utilities, I 2629
railways, I 1280
toll roads, I 2721
waterworks, I 2650
See also Municipal ownership
Governor, G 40 ; I 40
appointments
agriculture, stenographer and
messenger in department of,
I 2383b
Governor, appointments {continued)
auditor, assistant state, I 856b
bridge commissioners, I i396f
chaplain for state penitentiary,
I 342h
constables, I 873a
county treasurer, I 2593J
debris commissioner, I 2025a
deeds, commissioner of, I 3931
exposition commissioners,
I i662t, i662y
fire marshal, I 1093b
game warden, I 1900x6
highway commissioner, I 27o2f
judges, I 668i, 668r
medical examiners, I 944c,
944n
mine explosions, commission to
investigate, I 2066a
monument commission, I 2377a,
2377c, 2377m, 2377V
normal school trustees, I 2266!
notaries public, I 669f
parole officers, I 372b
police commissioners, 1 875b,
875c
railway police, I 1334a
state convicts, supervisors of,
1335a
state o3rster commissioners, I
2012b
state veterinarian, I 1144m
statutes, compiler of, I i li
township officers, I 2542b
turnpikes, commission to inves-
tigate, I 2721a
zoologist, assistant economic,
I 2383b
clerks, G 44
council, I 38(8j
mansion, I 782, 780a, 78oh, 78oi
powers and duties
appointments, I 38b; R 144
boundaries, I i7d, i7f, i7j
Flag day, I 2429a
grain and warehouse commis-
sioner, I 1515a
juvenile offenders, I 371J
lands, public, I 777a
pardons, I 373a
prisoners, I 119a
INDEX TO YEARBOOK OF LEGISLATION 1905
Governor, powers and duties (conVd)
removals, I 38(9^, 38(9^, 38(9?;
R 144
resources of state, publishing
pamphlet on, I i675h
reward for arrest of highway-
men, I 208a
state departments, I 8s6e
state institutions, I 2143a
state printing, I 67d, 6yi
state prison, I 341c
veto power, G 45 ; I 45 ; R 144
salary, I 38(8a, 43; R 144
secretary and clerks, I 44
staff, I 2398b, 2398c, 2398e
succession, G 42
Grade crossings, I 13 19
Grading streets, I 2708
Grain, I 1478
elevators, I 845t, i2osb
inspection, G iSi7; I i5iS
warehouses, G 1S15; 1 151S
Grain and warehouse commission,
R147
Grand jury, G 213; I 213
Grassplots, I 2742
Grave markers, I 2372
robbing, I 1060
Guaranty companies, G i795 ; I i795f
843h; R294-9S
Guardianship, I 445, Si8d; R 12
Gynmasiums, I 2698
Habeas corpus, I 211
Hail insurance, I i787i i77of
Hamilton, John, Farmers Institutes,
R 74-75
Hamlets, see Municipalities
Hanly, J. Frank, see Indiana
Harbors, G 1803; I 1803
Hasse. Adelaide R., Public Printing
and Records, R 135-39
Hawkers, I 1560, iS32a; R 260
Hay
inspection, I 1480
weights and measures, I 1431
Headley, Russel, Liquor Legislation,
R 35-43
Health, public, G 030 ; I 930 ; R 45-58
adulteration of foods, G 956; I 956;
R 59-60
Health, public (continued)
commtmicable diseases, G 1020;
I 1020; R 54-55
dead bodies, disposition, I 1048
of employees, I 2049
mines, G 2064; I 2064
railways, I 2078
local boards, G 934 ; I 934 ; R 46-47
medicine, state control of, G940;
I 940; R 49-51
nuisances, G 1065 ; I 1065 ; R 55-56
sanitation of buildings, G1099;
I 1099
sanitation of schools, I 2235
sewerage, I 2661
state boards, G932C, 1314a; I 932;
R4S, 147, 150
powers and duties
antitoxin, I 1028b
child labor, I 2118J
contagious diseases, I 1020a
1020C, io2oe
embalming. I 1051a, 105 id,
1051J
fire escapes, I 1103d
food and drug^ inspection,
l956t
hydrophobia, I 1040a
ice pollution, I 990a
osteopathists, I 947b
pesthouses, I 1023a
physicians, I 94411
school buildings, I 2235b
safety regulations, G 1314a
tuberculosis, I 1042c, io42i
vaccination, I 1027a
water supply, I 1079a, 10791
workshop regulations, I 2040a
Health insurance, G1762; I 1762,
1746b, 1754b, i754d, 1760a, 2616a
Heat, mtmicipal utilities, I 2630(5,
2629b
Heirs, see Estates
Herreid, Charles N., see South Da-
kota
Heyward, D. C, see South Carolina
Higgins, Frank W., see New York
High schools, G 2327 ; I 2327 ; R 304-
5
Higher education, G2330; I 2330;
R307
NEW YORK STATE LIBRARY
Highway commissions, R 147
Highwaymen, I 208a
Highways, see Roads
Historic places, G 2369; I 2369
Historical societies, G 2366; I 2366
History, G2363; I 2363; R 136-39,
148
Hoch, E. W., see Kansas
Holidays, I 1S96, 38(90; R 26a
Home rule, G 2433; R 191-93
Homesteads, I 45i-49oa
lien on, I 4i9h
Homicide, I 304
Honey, adulterated, I 986
Hops, I 1432
Horse racing, I 887e, 929b; R 114
Horses, I ii44p. 1148b, 1155a, ii55c
docking, I 896b, 896k
Horseshoeing, I 1562; R 261
Horticultural societies, I 1838
Horticulture, G 1844; I 1844; R 76-
79
state board of, R 147
Hospitals, G 2166; I 2165; R 95
for contagious diseases, I 1023
for insane, I 2198, 2i83e
local, I 2200
' Hot springs, G 1199; I 1199
Hotel keepers
defrauding, I 318; R112
liability, I 455
licensing, I 1532b
Hotels
building regulations, 1 1108, 1103a,
iio3e
contagious diseases, I io2og
liquor licenses, I 907s
Hours of labor, G208S; I 2085; R
314-16, 328
House of representatives, see Legis-
lature ; Representatives
Huberich, Charles Henry, Civil Pro-
cedure, R 370-76
Huebner, S., Insurance, R 283-95
Hunn, John, see Delaware
Hunting, see Game; Misdemeanors,
htmting; Penalties, hunting
Hurricane insurance companies, I
1787c
Husband and wife, G474; 1 474i
720a, 720g
Hydrophobia, 1 1040
Hygiene in schools, G 2310a
Ice, purity, I 990
Idaho (governor's message), public
buildings, G 781c; charities, G
2i98e, 2215b; convict labor, G
354d; crimes and offenses, G268a,
282a; depositories, G868b; com-
municable diseases of animals,
G 1144b; education, G 2241c,
2332a; state examiner, G 55b; ex-
positions, G 1662b; forestry, G
1894b; horticulture, G 1844a; en-
couragement of immigration, G
1675a; irrigation, G 1183b, 1183c;
juvenile offenders, G 371 (3a; pub-
lic lands, G 774b; militia, G 2391a;
mines and mining, G 2020a; state
prisons, G 34ie ; railways, G 1 282b ;
reform schools, G346a; soldiers
homes, G 2416a; state supplies, G
787b
Identification of criminals, 1 369 ;
R 125
bureau of, R 149
Idiots, see Feeble-minded
Illegitimate children, Ip7o, 42 4d,
424f, 424g, 424i
Illinois (governors* messages), ac-
counts, G 853a, 856c; adulteration
of foods, G 956e, 956f ; agriculture,
G 1826b; battle flags, G 2371a;
budget, G 849a; canals, G Z384b;
charities, G 2140a, 2191b, 2215c;
civil procedure, G695a; convict
labor, G354a, 359*, 359t>, 360a;
convicts, G373a; corporations, G
516a; criminal procedure, G 204a;
communicable diseases, G io42d;
commtmicable diseases of animals,
G 1 144a ; education, G a344a; elec-
tions, G 147a, i6oe, i6of ; exposi-
tions, G 1662a, 1662b, 16620; local
finance, G 2597a; fish and game,
G i9ooe, i9oof, i9oog; geology, G
2384b; local government, G 3430a;
public health, G 934a; history, G
2363a; insurance, G x73ab; juve-
nile offenders, G37Ta; labor, G
2040a, 2052a, 2052b, 2o8aa, az36a
INDEX TO YEARBOOK OF LEGISLATION I905
a 1366; medicine, G944b; memor-
ials, G 2376a; militia, G 2391a,
239ZC; pharmacy, G 949c; roads, G
2700a, 2700c, 27o2d, 2 7o2e; state
officers, G 38(ib, 38(10; street rail-
ways, G 1337a; waterways, G
1805a
Imitations, I 1464
foods, G 956; I 956
Immigration, G 1675 ; I 1675 ; R 263-
64
emigrant agents, I 2 114
Impounding, I 1880; R 81-82
Income tax, G 8oog, 809b, 830 ; I 830 ;
R18S
Incompetents, guardianship, I 446
Indecency, I 278
Indeterminate courts, G 609
Indeterminate sentences, G370; I
370; R 125-26
Indexes to laws, G 8
Indiana (governors' messages), ac-
coimts, G854a; adulteration of
foods, G956g; automobiles, G
2723b; banks, G 1679c, i679d;
bribery, G96a; budget, G849a;
public buildings, G 78id, 783a;
charities, G 2186a, 2i98f, 2i98g,
2213b, 2213c; convict labor, G
356b; courts, G 609b; public debts,
G 865a; commimicable diseases, G
io42e; education, G 2220b, 2235a,
2254c, 2310a; elections, G 149b,
1 68a; expositions, G 1662c; family,
G 476a, 480a; fires, G 1093a; for-
estry, G 1894c; governor, G 40a,
42a; public health, G936a; insur-
ance, G 1732c; labor, G 2040a; leg-
islative officers and employees, G
loob; legislative procedure, G
io8b; liquors, G 904b, 907b; lobby-
^Sf G'QqI^'. state manual, G 72a;
memorials, G 2376a; militia, G
239 id, 2402a; mob violence, G
927a, 927c; municipal code, R 202-
3; petroleum products, G 1493a;
prisons, G 335a; railways, G 1237a,
1267c, i267d; reform schools, G
345c; reformatories, G347a; state
institutions, G 63a, 63d ; statutes,
G 3c, iia; taxation, G 800a
Indians, I 123, 911b, a27op
schools, I 2178
Indictments, I 214, 203b
Industrial combinations, see Com*
binatibns
Industrial education, I 2350; R 305-6
Industrial insurance, G 1762; 1 1762
Industries, encouragement of, G
1630; I 1630; R 262-64
Inebriates, 1 921, 733^. i32o(5a,
2166b
Infants, see Minors
Infectious diseases, Gzo2o; I 1020,
936b, 936e
of animals, G 1144; I 1144; R 84-
90
Inferior courts, G 645 ; I 645
Inheritance, see Descent
Inheritance taxes, G836; I 836; R
188-90
Initiative, G115; I ii5, 2465a; R
193-95
Injtmction, I 749
Injuries, see Damages
Inland navigation insurance compa-
nies, I i764f
Innkeepers, see Hotels
Inquests, I 651
Insane, G 2193; I 2193; R 101-6
appeals in civil cases, I 733^
criminal, G 361 ; I 361 ; R 123-24
family property, I 495
guardianship, I 446, 445m
hospitals for, I 2198, 2i83e
local, I 2200
marriage, I 477a
property rights, R 24
Insect pests, G 1844; I 1844; R 7^-79
Insecticides, I 1492; R 72-73
Insolvency, I 449
banks, I 1687
insurance companies, I 1743
See also Receivers
Institutes, teachers, G 2263
Insurance, 1 1732; R 283-95
accident, I i754, 1762; 1741c
agents, I 1736
annuity, I 1760a
casualty, I 1764, 1760b, i762e,
i795g, i795h
combinations, I 1740
NEW YORK STATF: LIBRARY
Insurance (continued)
employers liability, I i74ig, i762f;
R 292-94
endowment, I 1760a
fire, I 1764, 1732b, 17321, 1736b,
17366, 1739a, 1740a, 1742a,
i747e, 17546, 2233q, 2619a;
R 289-92
funeral benefit, I 1762c
guaranty, I 1795
health, I 1762, 1746b, 1754b,
i7S4d, 1760a, 2616a
industrial, I 1762
life, I 1754, 1732b, 1741C, i74i<i,
1742b, 1747c, 2616a
marine, I i747e, i754e, 1764a,
I769(5a, I769(5b
mutual, I i759» i77o, i758(7b,
i762i, 1766a
of public buildings, G 791; I 791,
2558; R173
schools, I 2233d, 2233q
state departments, G 1733; I 1733,
38(8i, 856c, 856i, 1723a, 1732c,
i732g, 1739a, 1740a, 1741a,
1746a, 1758c, i758(5e, 1761a,
i769d, 1795c; R 148
surety, G i795; I i795, i764g
taxes, G 844; I 844
workingmen's, I 2128; R312
Insurance companies, Gi732;Ii732;
R 283-95
actions against, I 1748, 1755
capital stock, I 1739, i^759a
foreign, I 1746, 1732!^, 1736c,
i747d
accident, I i762g, i762h
fire, I 1766, i732i, i736e, 2616b
insolvency, I 1743
Intangible property, R 8
taxation, R 177
Intemperance, see Drunkenness
Interest, G 463 ; I 463 ; R 19-20
Intermediate courts, I 609 ; R 30-31
Interpreter, court, I 667
Intimidation
labor disputes, G 2134; I 2134
of voters, G 156, 167a
Intoxicating liquors, G 900; I 900
adulteration, I 998
tmlawful sales, I i49f, 214b
Intoxication, I 733k, 921, i32o(5a,
2166b
Investment companies, G 1715; I
i7i5;R 277-78
Investments
banks, G 1691; I 1691
building and loan associations,
I 1724
insurance companies, I 1747
local finance, I 2587
savings banks, G 1713; I 1713
school ftmds, G 2241; I 2241
trust companies, I 1703
Irrigation, G1183; I 1183, 842a;
R 231-42
board of control of, R 147
Itinerant vendors, I 1586; R 260
Jails, I 348a, 349; R 120
Jamestown Exposition, G1662; I
i662a-j
Johnson, John A., see Minnesota
Judges, G668; 1668
change of, I 710
compensation, R 27-29
tenure and term, R 27
See also Courts
Judgments
civil procedure, I 735
criminal procedure, G 224; I 224
executions on, I 736
local finance, I 2586
Judicial sales, I 736
Junkidealers, I 1568; R 261
Jurisaiction
cessions to United States, I 18
governmental, I 17
Jury, G 726; I 726; R 374-75
bribery, I 2 5oe, 25oh
commissioners, I 729
criminal procedure, I 230
fees, I 38(8q
grand, G 213; I 213
mileage, I 728, 223a, 230a
Justice
administration of, G 590; I 590
crimes against, I 238
Justices of the peace, I 653
appeals from, 1 733X3. 733«» 733**
attachment, I 741a, 741c
birds, protection, I i9S3b
INDEX TO YEARBOOK OF LEGISLATION I905
Justices of the peace (continued)
costs in actions, I 737g
fees, I 226a
judgments, I 735r
juries, I 726c, 728b
legal notices, I 697a
liquor traffic, jurisdiction, I 9i2d
pleadings, I 7o8i
prosecutions, I 212a
removals, I 389f
summons, I 7o5t, 705W
surety on bonds, I 209e
venue of actions, I 7 ©si, 7iod,
7ioe
Juvenile courts, I 371(3, 371b
Juvenile offenders, G343,37i;l37i;
R 96-^7
probation, I 371(3
reform schools, I 343
Kansas (governor's message), ac-
counts, G8s6d; adulteration of
foods, G956h; agriculture, G
1826a; barbers, G 1540c; charities,
G 2143a; convict labor, G 354e,
359C1 360b; crimes and offenses,
• G 252a; depositories, G 868c; com-
municable diseases of animals, G
1144c; drains, G 1192a; education,
G 2229c, 2240b, 2266a, 2266b,
2270a, 2332a, 2332c; elections, G
i6og; expositions, G 1662c; fires,
G 1093b; fish and game, G T9ooh;
governor, G 40b; grain inspection,
G 1517b; insurance, G 1732a,
1740a; irrigation, G 1183a; juve-
nile offenders, G37i(3b; labor, G
2040a; libraries, G 2357b; liquors,
G 902a; medicine, G 944c; militia,
G 2391a; mines and mining, G
2035a; state printing, G 67b; pub-
lic works, G 2638a; railways, G
i267e; refonn schools, G 346a,
346f ; roads, G 2702a; soldiers
homes, G 2416a; state institutions,
G 636; state officers, G 38(id; tax-
ation, G8ooc; telegraph and tele-
phone companies, G 1411a; U. S.
representatives, G 83a; veto power
of governor, G 45a; woman suf-
frage. G 146a
Kentucky (governor's message), pub-
lic buildings, G 78ie
Kidnapping, I 294a
Kindergartens, I 2321, 2266a
Labels, I 1500
food adulterations, I 958
Labor, G2040; I 2040; R 309-20
children's, I 21 18; R 321-29
hours, I 2085c; R328
mines, I 2121
convict,G34ib, 354;I354;R•I2I-
23
disputes, G 2134; I 2134; R 319-20
employers liability, G2i25;l2i25
employment, G 21 13; I 21 13
hours of, G 2085; I 2085; R 314-16
mechanics liens, I 419
roads, I 2713
convict, G358, 27o2d, 2702k;
I358 .
unions, membership in, I 2137
wages, I 2100
women's, I 21 17
hours, I 2086, 2085c
Laborers, see Employees
La FoUette, Robert M., see Wisconsin
Land court, I 733r
Land drainage, R 243-56
Land registration, G396a; I 398; R
9-10
Landlord and tenant, I 422; R 8-9
Landlords, liens, I 42 in
Lands, G379; I 379
commissioners, I 774c, 774e, 774n,
776d, 776h, 776k, 829h
conveyance, I 392
drainage, G 1183; I 11 83
public, G 774; I 774; R 171-72
school, G 2240; I 2240
state institutions, 1 2333
See also Property
Lanham, S. W. T., see Texas
Larceny, I 328, 308a, 322c
domestic animals, I 1883d
stealing railway ticket, I 1229b
See also Stealing
Launches, I 823e
Law, G I ; I I
examining board of, I 38(8g; R
148. 307
NEW YORK STATE LIBRARY
Law (continued)
libraries, I 2359
practice of, GS91; I 591; R 33-
34
Lawmaking, R 152-56
Laws, see Statutes
Lawyers, see Attorneys
Lead, inspection, I 1490
Leases
guardianship, I 447
public lands. G 775
Legacies, see WiUs
Legal holidays, I 1596
notices, G 697; I 697; R 370-71
Legislation
direct, R 155
special, G 88; I 88; R iS4-55i i97-
98
uniform, I 13
commission on, R 149
See also Statutes
Legislative manuals, G 72 ; I 72
printing, G 108; I 5
procedure, G 105; 1 105
sessions, G 113
Legislature, G 77; I 77
apportionment, I 80
bribery, I 96
joint session, I 98
members, I 90
officers and employees, G 100; I
joo; R153
sessions, I 113; R 155
temporary organization, I 104
vacancies, I 81
See also Representatives; Senators
Leper homes, I 1025
Licvees, G 1192; I 1197
Lewis and Clark Exposition, G 1662;
I i662k-z
Libel, tort, G 472; I 472; R 20-21
Librarian, state, I 791c
Libraries, G 2352 ; I 2352 ; R 129-34
free public, G 2356; I 2356; R 129
law, I 2359
school, G 2360; I 2360; R 133
state, G 2354; I 2354, 78oe; R132
state aid, G 2357; I 2357
traveling, G2357; I 2357, 2356a;
R131
Library commissions, R 130, 148
License and bullion tax agent, R148 .
150
Licenses
marriage, I 478
trades and occupations, I 1S32;
R 260-61
accountants, I 1536; R 260
architects, I 1534
automobile operators, 1 2723!^
2723k, 2723r, 2723Z2
barbers, 1 1540
bird collectors, I 1944b
circuses, I i532e
commission merchants, I 1544
embalmers, I 1051b, 105 zd,
io5if, io5ii, 1051J
employment agencies, I 2114b
engineers, I 1130
exhibitions, I 15320
fishing, I 1906, 1900x3, 1900x5,
1971C
hawkers, I 1560, 15320; R 260
horseshoeing, I 1562; R 261
hunters, I 1906, i9ooh, 19000,
1900P, 1900V4, i9ooy
innholders, I 1532b
insurance brokers, I i738a,r
1738b, 1738c
itinerant vendors, I 1586; R 260
junk dealers, I 1568; R 261
medicine, I 943
mining, I 202 4f
nurses, I 1575; R 260
05rster culture, I 201 id
ojrsters, taking, I 2016
pawnbrokers, I 1568c, 1727c,
i727e, i727i
peddlers, I 1560, 15320; R 260
plumbers, I 1106(5
secondhand dealers, I 1568; R
261
teachers, I 2258, 2247a, 2310b
transient merchants, I 15320,
1586
undertakers, I 105 ih
veterinarians, I 1588; R 260
See also Taxation, business taxes
Liens, G 405; I 405; R 13-1S
attorneys, I 595
on baggage, I 318c. 3i8f
banks, I 1687a
INDEX TO YEARBOOK OF LEGISLATION I905
Liens {conHnued)
judgment. I 735g, 73Si, 73^^^, 73<5c,
736r
mechanics, I 419
railwa3rs, 1 1271a, 1271c
special, I 421
storage, I z5ioc, 15 12a
taxes, I 829V3
water or gas plant, I 2597J
Lieutenant governor, 1 48
Life insurance companies, G 1754;
I 1754, 1732b, 1741C, i74id,
1742b, 1747c, 2616a
taxation, G 844a
Lighting, G 797
mtmicipal, I 2633, 2566a
plants, see Electric light and
power; Gas
Lightning insurance companies, I
i77oh, i77oi, 1773*
Limitations
civil procedure, I 701 ; R 371
criminal prosecution, 1 2ii(5a
Lincoln's birthday, I 161 8
Lindsay, Samuel McCune, Child
Labor Legislation, R 321-29
Liquors, G 900; I 900; R 3S-43
adulterations, I 998
conveyance to convicts, R 120
license tax, G 833a, 833d
saloon districting, R 198-99
unlawful sales, I Z49f, 214b
Live stock, I 1875
boards, R 146
contagious diseases, G 1 1 44 ; 1 1 1 44 ;
R 84-90
damages to, I 132 1
insurance, I 1789, i754e, 1772a;
R295
taxation, I 824b
transportation, I 1260; R354
See also Animals
Liverymen, frauds against, I 318;
R 112
Lloyd's associations, 1 1768
Loan associations, I 17 18, 7oif,
i68op
Loan companies, I 171$, i684d,
1698c
Loans, I 463
banks, G 1691 ; I 1691 ; R 266
Loans (conHnued)
building and loan associations,
G1724; 1 1724
Lobbying, G 99; I 99; R 1S4
Local finance, G2550; 1 2550; R
204—14
government, G2430; 1 2430; R
191-203
improvements, I 2620
legislation, G 88; I 88
procedure, G no
option, liquors, G 904; I 904
Lodges, I 583b
See also Fraternal beneficiary so-
cieties
Lodging houses, I 1108, 1103a
Loeb, Isidor, Courts and the Practice
of Law, R 27-34
Lotteries, I 885
Louisiana Purchase Centennial, 1662
Lumber, G 1896; I 1896
transportation, 1 1264
Lunatics, see Insane
Lynching, G 927; I 927b
Macadamizing, I 2709
McBride, Henry, see Washington
McCullough, John G., see Vermont
McGarr, T. E., The Insane, R 101-6
McLane, John, see New Hampshire
McLaughlin, George, Corrections, R
116-28
Maine (governor's message), budget,
G849C; liquors, G902b; state
officers, G 38(8b
Malicious mischief, I326; R113
Mandamus, I 749c
Manslaughter, I 304
Manual training schools, G 2350;
I 2350: R306
Manuals, G 72
Maple sugar, I 1012a, 1012c
Marine insurance companies, I i747e.
17546, 1764a, i769(5a. i769(5b
Maritime quarantine, I 1024
Markets, G 1508; I 1508; R 2S9
Marks, I 1500
Marriage, G 476; I 476 ;R 22-23
statistics, G 19a; I 19a
Married women, property rights, I
494; R24
NEW YORK STATE LIBRARY
Marsh, M. C, Fish and Fisheries,
R 227-29
Marshal, I 226a
•Massachusetts (governor's messages),
accounts, G 853b, 860a; budget,
G 849a, 849d; charities, G 2i98h,
2218b; convict labor, G 360c; con-
victs, G352a, 374a; crimes and
offenses, G 260a; customs, G 847a;
public debts, G 856b, 865c; direct
legislation, G 115a; education, G
2343b, 23Sod; elections, G 185a;
local finance, G 2578b; forestry, G
1892a; encouragement of indus-
tries, G 167SC; labor, G 2Q40C,
2064a, 2085c, 2096a, 2113a, 2115a,
2i36f, 2139a; liquors, G904C; me-
morials, G 2377b; militia, G 239ie;
Old Home week, G 2368a; police, G
875a; state prisons, G 34if ; public
works, G 2627a, 2629a; railways,
G 1212a; roads, G 27o2f ; soldiers
homes, G 2416a; state officers, G
38(ie; statutes, G 2c; taxation, G
836d; water, consumption of, G
2653a
Mayor, I 2468
Mead, Albert E., see Washington
Meats, G 1004
inspection, I 1000
Mechanics liens, I 419
Medals, I 2373
Medical examiners, I 649; R 147, 150
Medical inspection of school children,
G 2281; I 2281
Medicine, G 940; I 940; R 49-51
examining board of, I 38(8g
reciprocity in licenses, R 307
See also Physicians
Memorial buildings, I 2374
Memorial day, I 1620
Memorials, G 2363, 2370; I 2370;
R 136-39
on battlefields, G 2376; I 2376
to individuals, G 2377, I 2377
Merchandise, sale of, G459; I 459;
R 17-18
Merriam, C. E., State Government,
Lawmaking and Elections, R 143-
70
Methyl, 956k, I 998c
Michigan (governors' messages), ac-
coimts, G 854a, 8566, 856f ; agri-
culture, G 1826c, 1829a, 1840b;
automobiles, G 2723c; banks, G
i679e; boilers and engineers, G
1 128a; budget, G 849a, 85 lb; public
buildings, G 78if, 78ig, 782a; cen-
sus, G2ib; charities, G 2177b,
2i98i, 2213d; constitution, G32b;
convicts, G 370a, 372a, 374b; do-
mestic animals, G 1875b; educa-
tion, G 2240c, 2264a, 2272b, 2332a;
elections, G 150a, i6oh, i6oi, i68b,
185b; expositions, G 1662c; fires,
G 1093c; fish and game, G 1900!,
1904a ; forestry, G 1 894d ; historical
societies, G 2366a; labor, G 204od;
special laws, G 88a; legislative pro-
cedure, G 1 06b, 109a; memorials,
G 2376a; militia, G 2391a, 2402c,
2402d; municipalities, G 2433a;
railways, G 1212b, 1240a; refonn
schools, G 345d ; reformatories, G
347c; roads, G 27o2g, 27o2h; state
institutions, G64a; state officers,
G38(8c; statutes, G 3d, 36, 4a,
lib; taxation, G 8ood, 8ooe, 82 5d,
845a, 845f, 845g; veterans, G
2411a; veto pow^er of governor,
G45b; vital statistics, G938b;
w^ar records, G 2379b
Mickey, John H., see Nebraska
Midwives, I 938b
Mileage
books, I 1232, 1227b; R 355
constable, I 659f, 663a
coimty conmiissioners, I 25ioi
jurors, I 728, 223a, 230a
sheriff, I 659f, 691b, 69 ig
witnesses, I 223a, 230a
Military regulations, G 2388; I 2388
schools, G 2348(5; I 2348(5
Militia, I 2391
Milk and milk products, G 961 ; I 961,
956b. 956g, 1493a
MUls, taxation, I 823d
Mineral lands, G 775, 776
waters, I 1199
Miners, hospitals, G 2167
Mines and mining, G 2020; I 2020
department of, R 148
INDEX TO YEARBOOK OF LEGISLATION I905
Mines and mining (continued)
employees, G2063; R 324-25
employment in, I 21 19
hours of labor, I 2094
inspection, R 311
schools of, G 2349
statistics, department of, R 148
taxation, G 846; I 846
wages, I 2107
workshop regulations, I 2063
Minnesota (governors* messages),
adulteration of foods, G 956a, 956i;
budget, G849a; public buildings,
G 781a; charities, G 2198J, 2204a;
convict labor, G 36od, 36oe; courts,
G 668c; public debts, G 865d; do-
mestic animals, G 1875a; drains,
G 1195a, 1195b; education, G
2223a, 2223c, 2229a, 2230b, 2233c,
224od; elections, G i6o(3a, 196a;
local finance, G 2583b; fish and
game, G 1900a, 19003; forestry, G
1890a, 1892b, 1893b, i8Q4a; gover-
nor, G 40c; public health, G 932a;
encouragement of immigration, G
i675d; insurance, G 1 73 2d, 1734a,
1761a, 1769a; labor, G 2040a,
2125a; public lands, G 774a, 774c,
775a, 778(5a, 778(5b; memorials,
G 2376a, 2377a; militia, G 2391a;
state prisons, G 341a, 34ig; rail-
ways, G 12I2C, i2i2d, 1237b,
i267f, 1272a; reform schools, G
345e, 346g; roads, G 2700a, 27ood;
scenic and historic places, G 2369a;
soldiers homes, G 2416a, 2418a,
2418b; state institutions, G 63g,
63h, 63i; street railways, G 1337b;
taxation, G 8oof, 8oog, 836e, 845h;
telegraph and telephone compa-
nies, G 1411b
Minors
amusements restricted, 1 881c,
SSid, 88if
cigarettes, furnishing, I 925b,
925d, 925e; R 115
fireworks, sale to, I 1121a
firearms, use of, I 262f, 262g
guardianship, I 445
liquor laws, I 911
protection of, R 114
Minors (continued)
tobacco, sale to, I 924a, 924b, 924c
See also Children
Misdemeanors, violations of laws re- '
lating to :
adulteration of foods, I95 8a, 1012b
of liquors, I 998d
animals, I i877h, 1882a
cruelty to, I 896n, 89 6q, 89 6x
dead, failure to bury, I 1065b
attorneys, I 592b, 59 2d
badges, unlawful wearing, I 1504a,
1504b, i5o4d, 2426a
bicycles and automobiles, I 2723a
birds, protection of, I i955a,i955b,
1956a, 1957a
as target, using, I 896f
blacklisting, I 2137a
bribing employee, I 46o(5c,46o(5d,
46o(5e
bucket shops, I 1507b, i5o7d
burglary, I 3i2f
burial lots, I 1058a
camp fires, I 1893b
cemeteries, I 1060a, 1060b
child labor, I 2121c
children, I 2172b, 21820
cigarettes, I 925a, 925b, 925c
cocaine, I 926f
combinations, I 589d
contagious diseases, I io2og
contracts, abandoning written, I
422a
com meal, short weight, I 1459b
corporations, I 5o5e
customers, using list, I 1590b
drugs, distributing samples, I
1137a
education, boards of, I 2231s
electric apparatus and power, I
320c
employers and employees, I 2047a,
2ioid, 2103b, 2107a, 2ii3(5a,
2138a
employment agents, I 2ii4d
evidence, falsification, I 720b
failure to cure after written guar-
antee, I 464n
fire alarms, false, I 1096b
fishing, I i907d, i9o7f, 1973a,
1983a, i983(5a
i
NEW YORK STATE LIBRARY
Misdemeanors (continued)
flags, desecration of, I 252a, 252c,
252d, 2526, 252f, 2S2J
display, I 2236b
fraud, I 325a, 325f, 325J
freight rates, I i^osa
fruit trees, unlawful sale, I 1844a,
i844f
gold, misrepresent lag fineness, I
1476a
grain products, adulterating, I
1478a, 1478b
guardians, I 445d
health boards, I 932g, 934c
himting, I i9o7f, 1908a, 1911b,
I9i9f, 1927b. i939d
h3rpnotized subject, exhibiting, I
893d
ice, pollution of, I 990a
intoxication, I 923a
junk dealers, I 15686
juvenile delinquents, I 37 ig,
37ih
landlord and tenant, I 422m
larceny, I 328f
libel, I 472b
liquor traffic, I 900b, 900c, 903a,
910b, 911a, 911C, 9iid, 912b,
9r2d, 9Z2h, 9i2i, 912k, 9i6d,
9i6f, 9i6t
live stock, transportation, I 1260a
liverymen and hotelkeepers, de-
frauding, I 3t8c, 3i8d, 3i8g
malicious mischief, I 326a
meats, tmlawful sale, I loooa,
1004b, 1004c, ioo4e
memorial day, restricted amuse-
ments, I 1 620c
militia, I 2391b
milk, test standard, I 970b, 97od
mining, I 203od, 2034a
minors frequenting pool rooms etc.,
I 88id, 88ie
musical and dramatic composi-
tions, imauthorized perform-
ance, I 403a, 403c, 403d, 4036
navigation, impediag, I 1815a,
1815c
nursery stock, I 1844X
officers, I 853a
oil or gas wells, I 2035b, 2037c
Misdemeanors (continued)
oysters, taking, I 201 za. 201 ib,
20Ild
paupers, support o!, I 2 15 if
pawnbroking^ I i7»7b-
peddlers, I 1560a, i56or
personal property, certain sales of,
I i4i5e
pigeon for target, using, I 896V
prisoners, I 352f, 35 2g
prostitution, I 928f
public lands, I 774a
quarantine, I 1020a
racing, I 2736b
railway employees, I i32o(5a
railway tickets, counterfeiting, I
1229a
railways, encroachment on, 1 1274a
injury to, I 1333a. i333^. i333g.
1333I1, 1333s. i333t
race distinction, I 1238b
rape, I 286d, 286e
road supervisor, I 1097a
roads, I 2700Z, 2719c
seduction, I 283a
state officers, I 856b
street railways, I Z238b, 13 68a
Stmday, nonobservance, I 929c
surety and guaranty companies,
I 1796b
taxes, avoiding pa3rment of, I
829x7
telephone companies, I 1421c
tenement houses, I iiioa
tickets, I 893a, 1235a
tobacco, furnishing to minors, I
924c
trading stamps, I 1628b
trees, cutting branches, I iSgoe
trespass, I 326n
union labels, I 1503a
venereal diseases, advertising cure,
I 952c
wages, 1 2ioid, 2103b
water, pollution of, I 1079a
waters, I iz8ob, ii8oh, 1183x3
weapons, I 262b, 262c, 262f
weight, falsifying, I 1425c, 1426b
wrecks, obstructing commissioner
of, I 1820a
See also Penalties
INDEX TO YEARBOOK OF LEGISLATION I905
Missouri (governor's
amusements, G 887a, 887b; brib-
ery, G96b; budget, G 849a; elec-
tions, Gi26b, i6oj, 1 80a; exposi-
tions, G 1662b; labor, G 2i36g;
liquors, G 908a ; lobbying, G 99c ;
museums, G 2367a; police, G 87Sb;
railwa3rs, G 1237c; reformatories,
G347d; roads, G2 7o2i; statutes,
Giic; torts, G47ia; U. S. sena-
tors, G 84b
Mob violence, G 927 ; I 927
Money, I 461
fraudulently obtaining, I 324a
taxation, G 809 ; I 809
Monopolies, see Combinations
Montana (governor's message), agri-
culture, G 1840a; budget, G849a;
public buildings, G 78ih, 791b;
convicts, G3S3a; courts, G 668d,
668e; direct legislation, G 115b;
elections, G i6o(3b; expositions,
G 1662c; insurance, G 1761b; irri-
gation, G 1183a; labor, G 2063b,
2064b, 2125b; memorials, G 2377a;
state printing, G 70a; railways, G
i267g; state institutions, G63a;
state officers, G38C; taxation, G
82 5e; U. S. senators, G 84c
Monuments, I 2370
See also Memorials
Morals, crimes against, G 264; I 264
Morphin, I 926f
Mortgage companies, I 17 15
Mortgages, I 405; R 13-15
chattel, I 414; R 13-14
corporations, I 513a, 513c
decedents estate, I 442h
discharge, I 226g
foreclosure, I 406, 410, 7ozh,
703J
personal property, I 413
property of incompetents, I 447
railway, I 12790
real property, I 407; R 14-15
taxation, G 809b; 1 809a, 809b,
843c; R 177, 184
exempt from, I 8iod, 8z2b
Mosquitos, I 1076; R 56
Motocycles, G 2723; I 2723
Motor vehicles, I 81925 ; R 331-44
Mtmicipal courts, R 31-32
franchises, see Franchises
fimctions, R 209-14
government, R 191-203
legislation, R 191
ownership, G 2629; I 2629; R 211-
13
light, heat and power, I 2635
waterworks, I 2650
utilities, G 2627; I 2627
Municipalities, G 2432, 2433; I ^432
annexation and exclusion of terri-
tory, I 2439
assessments, special benefit, I 2569
auditor, I 2589b
buildings, I 2555
civil service, G 2473; I 2473
classification, I 2442 ; R 197-98
clerk, I 1052b
council, I 2727c
courts, I 655, 668x, 7o5y, 2569b
debts, I 2597, 2586e
bridges, I 1393b, 1393c, 27oon
buildings, I 2610a
improvement bonds, I 2620
limitation of, I 2598a, 2598d,
2598^
parks, I 2684, 2679a, 2679f
public works, I 2620b, 2629b,
2629d, 2635c, 2635f, 265oe
roads, I 27oon
sewage disposal, I 2670a
sewers, I 2672, 2620b, 266if,
266ii, 267ie
street improvements, 1 2620b,
2707a
waterways, I 1805b
waterworks, 1 2598b, 2629d,
2635c, 2650a, 2650b, 265oe,
265of, 265oi
dissolution, I 2444
elections, see Elections
finance, G 2550; I 2550
fire department, I 2603
. franchises, I 2628
home rule, G 2433 ; I 2433
incorporation, I 2444
jails, I 350a
legislative body, I 2455
liability for injuries, I 2446
mayor, I 2468
NEW YORK STATE LIBRARY
Municipalities (continued)
officers, I 2473
financial, I 2589
organization, I 2438
police, G 87s; I 875
property, I 2552
public printing and advertising,
I 2448
recorder, I 226a, 1052b
schools, see Schools
sewerage, I 2661
taxes, I 2566
lighting streets, I 2633a
parks, I 2679c, 2684a
roads, I 2700U
treasurer, I 876b
wards, I 2454
waterworks, I 2650
Murphy, Franklin, see New Jersey
Museums, G 2367
historical, I 2367
scientific, I 2385
Musical compositions, I 403 ; R 8
Mutual insurance companies, fire and
casualty, I i77o, 1766a
life and accident, I 1759, i758(7b,
i762i
Name
of divorced woman, change of, 1 483
persons, change of, I 498; R 24
Naphtha, I 1493b
Narcotics, G 926, 2310; I 900
teaching effects of, I 2310
National Guard, G 2391; I 2391
Natural gas, G 2035; I 2035
Naturalization, G 118; I 118
Naval militia, I 2397
Navigation, G 1800; I 1800; R 264
Nebraska (governor's message), ac-
counts, G856g, 859a, 863a; adul-
teration of foods, G956J; boun-
daries, G 17a; budget, G849a;
public buildings, G 791c; charities,
G 2149a, 2198a, 2218c; courts,
G6o5b; education, G 2332a; ex-
positions, G 1662a, 1662b, 1662c;
guaranty companies, G 1796a; irri-
gation, G 1183a; lobbying, G99d;
militia, G 2388a, 2391a; petro-
leum products, G 1493a; reform
schools, G345f; supplies for state
institutions, G79oa; taxation, G
8ooh, 82Sf
Negotiable instruments, I 464; R 16-
17
Negroes
civil rights, I 122b, 1 22c
education, G 2246
transportation accommodations, G
1238; I 1238
Nevada (governor's message), ac-
counts, G854a, 855a; budget, G
849a; public buildings, G 781a;
charities, G 2177a, 2198a; com-
municable diseases of animals, G
ii44d; education, G 2233a, 2241a,
2332a; expositions, G 1662c; irri-
gation, G 1183d, 1189a; labor, G
2063c; militia, G 2391a; public
printing, G 74a; state prisons, G
341a; railways, G 1267a; state in-
stitutions, G 63a
New Hampshire (governor's mes-
sage), agriculture, G 1826a; auto-
mobiles, G 2723d; banks, G z679a;
savings banks, G z7o8a; budget,
G849a; public buildings, G 781a;
charities, G 2 198k, 2 2 1 8a ; public
debts, G 865a; education, G 2223a,
2247a, 2329a. 2332a. 2344a; fish
and game, G igooa; forestry, G
1890a; labor, G 2040a; liquors, G
904d; militia, G 2391a; reform
schools, G346a; roads, G2702J;
soldiers homes, G 2416a; state
institutions, G63J; taxation, G
836f; townships, G 2527a
New Jersey (governors' messages),
automobiles, G2723e; budget, G
849a; buildings, G 1 1 loa; charities,
G 2 1 43b, 2 1 43c ; constitution, G
32c; corporations, G 500a, 500b;
communicable diseases, G 1042a;
education, G 2 24oe, 2344d; elec-
tions, G 171a, 185c; local finance,
G 2578c; forestry, G 1890a, 1894c;
labor, G 2040a; public lands, G
775b; special laws, G88b; legisla-
tive procedure, G 109b; state pris-
ons, G34ia; reform schools. G
345a, 346a; reformatories, G347e;
INDEX TO YEARBOOK OF LEGISLATION I905
sewerage , G 2 6 6 1 a ; state institu-
tions, G 63a, 63k; state ofi&cers,
G38d; taxation, G 800a, 803a,
825g, 845i, 845J; water supply, G
2648a, 2648b
New Mexico (governor's message),
accounts, G 854b, 856h, 8s8b;
agriculture, G 1 83 1 a ; boundaries ,
G 17a; budget, G849a; charities,
G 2T72b; civil procedure, G 730a;
county government, G 2498a,
2518a; criminal procedure, G 208a;
communicable diseases of animals,
G 1144a; education, G 2223d,
2229d, 2272c, 2348(5a; elections,
G 126c; expositions, G 1662a,
1662b, 1662c; local finance, G
2583c, 2600a; game, G 1915a; his-
torical societies, G 2366a; insur-
ance, G 1733a; irrigation, G 1183a,
ii83e, IT 89b; labor, G 2040a; pub-
lic lands, G 774a, 774^; legislative
officers and employees, G looa;
liquors, G9i2a; lobbying, G99e;
medicines, G952a; memorials, G
2377c; militia, G 2391a; poisons,
G9S3a; police, G874b; roads, G
27ooe, 2702k; scenic and historic
places, G 2369a; state institutions,
G64b; state officers, G 38(7a,
38(8d, 38(9a; statutes, G 4b, iid;
Sunday observance, G929a;
suretyship, G467a; taxation, G
825h, 825i, 827b; torts, G 473a
New York (governor's messages), ag-
riculture, G i826a;banks,G 1679a,
1680a, 1691a, 1693a; savings
banks, G 1712a, 1713a; budget, G
849a; building and loan associa-
tions, G 1724a; buildings, G nob,
78ii. 783b; canals, G 1384a, 1384c;
census, G 21c; charities, G 2188a,
2193b, 2198m, 2203a, 22i8d;
child labor, G 2118a; civil
service, G 38 (if, 38(2a; con-
victs, G 353b; public debts,
G 865a; education, G 2223a,
2 2 4id; elections, G 187b; exposi-
tions, G 1662c; fish and game, G
T9ooa; forestry, G i8ooa, i894f ;
insurance, G 1732a; life insurance,
G 1754b: investment companies,
G 1715a; labor, G 20400; special
laws, G88c; legislative procedure,
G 109c; liquors, G904e, 907a;
prisons, G 335b; reform schools, G
345a, 346a; roads, G 2702m; scenic
and historic places, G 2369b; state
• institutions, G63m; supplies for
state institutions, G 79of : state
officers, G 38(Tf ; taxation, G 841c,
843b, 843c; pollution of water. G
1079b; w^ater supply, G 2648c,
2 648d; woman suffrage, G 146b
Newspapers
discriminations between, I 1593b
legal notices, 1 697c, 6976
libel, I 472f
misrepresenting circulation, 1 325J ;
R113
publication of session laws in, I 6
Nominations, G 160; I 160, i26h; R
166-67
Nonpartizanship, R 197
Normal schools, G2266; 1 2266,
224oe, 2258t
insurance, I 2233d
North Carolina (governors* mes-
sages), budget, G 849a; child labor,
G2ii8b; convicts, G 372b, 373a;
education, G 2230c, 2246d, 2272d,
2350a; elections, G 134a; family,
G 480b ; encouragement of immi-
gration, G 1675a; liquors, G 900a;
mob violence, G92 7d; reforma-
tories, G 347f ; roads, G 27oof
North Dakota (governors' messages),
budget, G849a; public buildings,
G 781a, 781J; charities, G2i98n;
criminal procedure, G 210a; pub-
lic debts, G 865a; depositories,
G 868d ; communicable diseases
of animals, G 11440, ii44f;
drains, G 1192b; education, G
224ie. 224if, 2333a; elections, G
160(30, i6o(3d; expositions, G
1662b, 1662c; fish and game,
G i90ck; irrigation, G 1183a,
ii83f; public lands, G 774e; state
prisons, G 34ih; state institutions,
G 63a, 63n; state officers, G 38(4a,
38(8e; statutes, G 8a
NEW YORK STATE LIBRARY
Notaries public, G 669 ; I 669, 38(9f
Notes, exempt from taxation, I 812b
Noxious animals, G 1856; I 1856
Nuisances, G 1065; I 1065; R 55-56
Nursery stock, G 1844; I 1844; R 76-
79
Nurserymen, taxation, I 833a
Nurses, I 1575, 72oe; R 147, 260, 307
Oaths
challenged voter, I 2225b
of office, I 38(3
county officers, I 2514
witnesses, I 723
See also specific officers
Obstructions to streams, I 181 2
Officers, I 38
interest in contracts, I 789, 2561
See also under specific titles. Peace
officers; State officers, etc.
Oil, I 1490, 956Z2
inspectors, R 148
mineral, G 2035; I 2035
inspection, I 1493
Oklahoma (governor's message), ac-
counts, G 858a, 859a; adulteration
of foods, G 1004a; agriculture, G
1826a, 1828a; attorney general,
G 50a; banks^ G 1679a; budget, G
849a; charities, G 2186a, 2198a,
2205b; dentistry, G 948a; deposi-
tories, G868e; communicable dis-
eases of animals, G 1144a, 1146a;
domestic animals, G 1877a; edu-
cation, G 2223a, 2240a, 2266c,
2332a, 2344a, 2350a; expositions,
G 1662c; fish and game, G 1900a,
1904b; grain inspection, G 1517a;
public health, G932a; historical
societies, G 2366a; legislative pro-
cedure, G io9d; state library, G
2354c; lobbying, G 99f ; militia, G
2391a; narcotics, G 926a; osteopa-
thy, G947a; petroleum products,
G 1493a; pharmacy, G949a; state
prisons, G34ia; roads, G 2700a;
veto power of governor, G 45c
Old Home week, G 2368; I 2368
Oleomargarin, I 965
Opium, I 926
Opticians, licensing of, R 51
Optometry, I 946; R 51, 147
Oregon (governor's message), adul-
teration of foods, G 956k; agricul-
ture, G 1826a; budget, G849a;
canals, G 1384a; census, G2id;
child labor, G 2118c; civil pro-
cedure, G 732a; convict labor, G
356c, 358b; convicts, G 352b, 370b.
372c; criminal insane. G36ia;
public debts, G 865a; communic-
able diseases, G 1024a; communic-
able diseases of animals, G ii44g;
domestic animals, G 1875c; educa-
tion, G 2223a, 2 266d, 2288b,
2332a; elections, G 150b; employ-
ment , G 2 1 1 4a ; expositions , G
1662a; family, G496b; fish and
game, G 1900a, 1986a; forestry, G
1890a, i89od; historical societies,
G 2366a; insurance, G 1762a; irri-
gation, G I i83g; juvenile offenders^
G 371(30; labor, G 204of, 2125c;
public lands, G774a, 774^, 774g,
778a; militia, G 2391a, 2402e; state
printing, G67C; state prisons, G
341a; roads, G 2700a; sailor board-
ing houses, 2 1 24a ; soldiers homes, G
2416b; state institutions, G63a;
state officers, G 38(8f ; taxation, G
8ooi, 807b, 820a, 845k; veto power
of governor, G 45d ; whipping post,
G374(5a
Organ exempt from attachment, I
74ie
Orphans
courts, I 430, 385e, 432b, 442y5,.
446f, 7 1 lb
guardianshi|), I 444
homes, G 2418; I 2418
See also Children
Osteopathy, G 947 ; I 947. 944c; R 50..
147
Otero, Miguel A., see New Mexico
Overlegislation, G 85
Oysters, G 2011, I 2011
Painty 1 1490
Palmer, T. S., Game, R 220-26
Paxdee, George C, sec California
Pardons, G 373; I 373. 37ob; R 127..
149
INDEX TO YEARBOOK OF LEGISLATION I905
Paris green, I 1493 ;R 72
Parks, G 2679; I 2679; R 17a, 210-
iz
state, I 798
Parole, G 37a
inebriates, I 922b
insane, I 2207
prisoners, I 372, 370b; R 126
Parties in actions, I 702; R 373
political, G 126, 168; 1x26, z68;
R 156-70
Partition, I 385
Partnership, I 466
Party emblem, I i6ot
Passenger rates, G 1227; I 1227; R
354-55
Passes, G1237; I 1237; R 355
counterfeiting, I Z229a
freight, I 1205a
Pathologist, R 147
Paupers, support of, I 2151
Paving, I 2709
Pawnbroking, I 1727, 1568c; R 281-
82
Peabody, James li.,see Colorado
Peace officers, I 873
court officers, I 657
Peddlers, I 1560, i532e; R260
Penal institutions, G 335
Penalties, actions on, I 701 q
Penalties for violations of laws relat-
ing to
abortion, I 266b
adulterated food, 1 956a, 956f,
956Z, ZOI2C
adultery, I 264a, 268a, 268b
advertisements, I 1592a
animals, contagious diseases, I
1144J, 1150a, 1 1 50c
cruelty to, I 896y
disabled, abandoning, I 896m
poisoning, I 326f
refusal to impound, I z88ob
taxation, I 824b
theft, I i884g
transportation, I i26od, i26og
trespass, I i879e
architects, I 1534a
arson, I 3zod, 3zof
assault, I 296a, 296b
automobiles, I 27233, 2 7 332
Penalties for violations of laws relat*
ing to {continued)
banks, I i679d, i679f
officers, I 1693a
reports, I i68oe
use of name, I 1692a
bastardy, I 27od
bees, I 1171b, ii7id
bigamy, I 272a
birds, protection of, I 1944b, 1948c,
1949a, 1949b
blasting, I 2067 a
bookmaking and poolselling, I 887c
bottles, cans, illegal use, I 1501c
bribery, I 250a, 25oe, 25og, 25oh,
250J, 46o(5a
legislature, I 96
burglary, I 312b, 3126
burial grounds, I 1054c
burial lots, I 1058a
burial permits, I 1052a
butter, renovated, I 965c
carrying concealed weapons, I
262a, 262e
cattle, inspection, I 1148a
children, 1 496e, 2172c, 2i72g,
2182c
circus performance, tmlicensed, I
893f
coal, weighing, I 1441 a
commercial feeding stuffs, I 1472b
consumptives, I io42f, io42i
convict, communicating with, I
242b
corporations, 1 507a, 5o7f, 525b,
532b
court officers, I 657c, 657e
dentists, I 948b, 9486
divorce business, soliciting, I
488a, 488b
drains, obstructing, I z 196b
election offenses, I Z49C, i49d,
i6op, x6ot, 160ZX, x75a, i92d
electric apparatus and power, I
32od, 32og, 32oh
employees, l2ZZ3(5c, 2zi3(7a
engines, driving over bridges, I
1399*
exits, I zzoaa
eye diseases, I zo38a
faixB, I Z835C, z835h
NEW YORK STATE LIBRARY
Penalties for violations of laws relat-
ing to (continued)
false pretenses, I 324a, 324e, 324f
fare, refusal to pay, I 1227a
fire alarms, false, I 1096a
fire apparatus, obstruction, I 2603b
fire drills, I 2280a
fire insurance companies, I 1740a
fire limits, I 1104a
fishing, I 1904, 1 900c, 1900m,
1907a, 1984b, 1986a, 1988b,
2003a
flag, desecration of, I 252h
forest fires, I 1893d, 1893k
fornication, I 264a, 274
fraud, I 325g
gambling, I 887d
game wardens, I i9ooy8
gaming house, keeping, I 883g
gas companies, I 2643c
gasolene, labeling, I i493h
homicide, I 304
hunting, I 1904, 1900V6, 1907b,
1916a, 1919b, 1939a, i939g
on Sunday, I 929d
indictment, wrongful disclosure,
I 214a
insane, aiding escape, I 2208a
insurance companies, I 173 2d
inventory of estate, failure to file,
I 44ig
investment companies, I i7i5d
itinerant vendors, I iS86a
judgments, I 736d
jury, formation of, I 7 3 on
juvenile delinquents, I 37 in
kidnapping, I 294b
labor disputes, I 2134
hours of, I 2085b, 2096b, 2097b
larceny, I 328d
levees, I 1197c
liquor traffic, I 900a, 9o7q, 91 li,
916a, 9i6e, 9163, 916s
liverymen and hotel keepers, de-
frauding, I 318a, 318b, 31 8e
lotteries, I 885a
lumber, transportation, I 1264a
malicious mischief, I 326i
maritime quarantine laws, I 1024a
marriage ceremony, unlawfully
performing, I 478b
Penalties for violations of laws ralat-
ing to (continued)
meats, unlawful sale, I 1004a
mechanics liens, I 4i9g
milk, impure, sale of, I 967a,
967h
test standard, I 970c
mortgages, I 413d
failure to discharge, I 467a
musical and dramatic compo-
sitions, I 403b
navigation, impeding, I 1815b
nursery stock, I 184422
obstructing officer, I 893e
oyster culture, I 201 id, 2015a
passenger rates, I 1227b
pawnbroking, 1 1727a, i727e, i727i
peddlers, I i56oh
pharmacists, I 949e, 949h
ph3rsicians, I 944f
pipe lines, I 2036a
poison, sale of, I 953b
polygamy, I 282a
prisoners, aiding escape of, I 242a,
a42C, 242d, 2426, 352d, 352h,
352k
prostitution, I 928a, 9286
public officers, I 786a
railway tickets, I 1233a
railways, I i2i2e, 1304a, 1310a
injury to, I 1333c, i333e. i333i.
i333n, i333P» 1333^, 1333^
rape, I 286a, 286e
records, 1 396c
roads, I 2737a, 2737b
robbery, I 332a, 332b
school census, giving false informa-
tion, I 2274a, 2274d
sheep, I 1177b
state officers, failure to report,
I 38(7a
stations, railway etc., I 1411c
stealing ride on train, I 1335b
stock yard, I 1526b
stolen goods, receiving, I 328c
streams, obstruction of, I ii92y
street improvement, I 27o7d
street railways, I 1318a, Z374a,
1375a
supplies, purchase of, i79od
surety companies, I i795f
INDEX TO YEARBOOK OF LEGISLATION I905
Penalties for violations of laws relat-
ing to (continued)
taxation, I 829d, 835a, 84id, 84ii,
841m
tobacco, furnishing to minors,
I 924b
toll roads, I 2720a
townships, I 2 526d
trading stamps, I i628d, i628g
transfer tickets, fraudtdent issue,
I 1366a
trees, I 2742e, 2742h
trespass, I 326c, 326d, 326k, 326m,
326n
on railroad property, I 1332a
truant officers, I 227oi
usury, I 463c
veterans, I 2421a
vital statistics, registration, I 938f
wages, I 2100a
warehouse receipts, I iSzoa, 1513c
water, pollution of, I 1079b
waters, laws relating to, I iiSoi,
1183k, ii83y, 2648b
wood alcohol, sale of, I 998a
Ses also Felonies; Misdemeanors
Penitentiaries, G341; I 341
Pennsylvania (governor's message),
adulteration of foods, G 956m;
bridges, G 1393a; budget, G 849a;
public buildings, G 781a; canals,
G i384d; charities, G 2143d;
corporations, G 500c, Seed; elec-
tions, G 187c; state engineer,
G 796a; expositions, G 1662b,
1662c; fish and game, G 1900m;
forestry, G 1893c, i894g; governor,
G 4od; public health, G 932b;
legislature, G 80c; state library,
G 2354d; memorials, G 2377d;
municipalities, G 2443a; overlegis-
lation, G 85a; police, G 874c; state
printing, G 67d; railways, G i267h
1297a; roads, G 2702a; scenic and
historic places, G 2369a; state
officers, G 38(8g; statutes, G 3f;
taxation, G 846b; torts, G 472b;
trust and safe deposit companies,
G 1698a; waters, G 11 80a
Pennypacker, Samuel W., see Penn-
sylvania
Pensions
firemen, I 2616
police, I 876
soldiers, G 2406; I 2406
teachers, I 2255
Periodicals, misrepresenting circu-
lation, I 325J
Perjury, I 246
witnesses, I 219a
Personal injury, G 471; I 47i; R 20
employer's liability, I 2125
liability of municipality, I 2446
on roads, I 2728
Personal property, I 400
custody of public, I 786
mortgages, I 413
taxation, G 808; I 808, 823, 8oop;
R179
Persons
change of name, I 498
crimes against, I 292
Pesthouses, I zo23a
Petroleum, G 2035; I 2035
products, G 1493; I 1493
Pharmacy, G 949; I 949. 3»(8g;
R 52-53. 147, 307
See also Druggists
Phosphate mining, G 2039
Physical condition, false statement
concerning, R 113
Physical culture, I 2308
Physicians, I 943, 833b, 9i6t, 932J,
938b, io2of, io42i, 1052a, 22o5(l;
R 49-51
action against, I 471b
jail, I 349g
prison, I 342d, 342g
witnesses, I 222, 72oe, 721c
Physiology in schools, G23io;l23io
Piano exempt from attachment, I
74ie
Piers, I 1804
Pillory, G 374(5; I 374(5a; R 128
Pilotage, I 1816
Pipe line companies, I 845d
Pistols, I iii7e
Placing out children, I 2182
Plants, G 1844; I 1844
Plate glass, insurance, I 1791
Plats, I 390; R8
Playgrounds, G 2694
NEW YORK STATE LIBRARY
Pleadings, I 708; R 372-73
Plumbing, I 1106(5; R 53
Poisons, G 953; I 953. 956V
sale of, I 953b
Police, G872; I 872
courts, I 655
navigation, I 181 7
railway, I 1332, 1334
state, R 149, 150, 209
street railway, I 1374
Political candidates, see Candidates
code, lis
parties, G 168; I 126, 168; R 156-
70
Poll taxes, I 831, 2704b, 2704c
roads, I 2714
Polls, G184; I 184
Pollution of water, I 1079; Rs6
Polygamy, G 282; I 282
Pool, I 881
Poolselling, G 887 : I 887
Poor
overseers of, I 2140a, 2144c
relief, G 2149; I 2149; R 92, 94-95
Poorhouses, G2i55;l2i55
Prairie fires, 1 1097
Preservatives, I 959
Primary elections, G 160; I z 60, 12 6a,
126k; R 160-66
Printers insurance association, I
i77on
Printing, public, G67; 1 67, 787b;
R 135-39. 149
bills, G 108; I 108
legislative, I 5
municipal, I 2448
See also State printer
Prisoners, G 352, 363
commitment, I 353; R 121
discharge, I 367; R 124
discipline, I 352; R 120
escape, I 242, 352; R 120
instruction, G 352
liquors, furnishing to, I 91 id
parole, R 126
poor, counsel and expenses, I 297
religious instruction, R 121
restoration to citizenship, I X19
sentencing and reform, G363; I
363; R 12$
sick, G 352 ; I 352J; R xao
Prisoners {continued)
transportation, I 353
See also Convicts; Criminals
Prisons, G 335. 34i; I341; R"7
Privilege taxes, see Taxation, busi-
ness taxes
Probate courts, 1 429, 430, 426a,
44if, 442s
appeals from, I 733k
appeals to, I 7337'
costs in actions, I 737b
guardians, appointment, 1 445c,
446e
judges, I 430c, 43od» 43©^. 430fi:.
43oh, 43oi, 430J, 22oSn
juvenile delinquents, I 371 (3b
stenographers, I 43 op
trusts, I 448e
Probate procedure, I 429
Probation, G 374; I 374; R 127-28
juvenile, I 371(3
Procedure
civil, I 695; R 370-76
criminal, G 202 ; I 202
divorce cases, I 489
probate, I 429
Professional education, G 2342 ; I
2342; R 307
Prohibition, G 902 ; I 902
Property, G377; I 377; R 7-"
actions affecting, I 739
conveyance of , G 392 ; I 392
by corporations, I 512, 5000
incompetents, I 447
public, I 776, 792
corporations, I 509
foreign, I 531
not for profit, I 585
religious, I 588
crimes against, I 308
damages to, 1 326, 468, 27zzg,
2711J
bridges, 1 1399
domestic animals, 1 1879
freight, I 1247
railways, 1 1333; R357-SS
street railways, 1 1375
trees, I 274a<l, a74a«, a74«g
family, I 490
of incompetents, I 447
insurance oompanies, I i7Sk
INDEX TO YEARBOOK OF LEGISLATION I905
Property (continued)
judicial sales, I 736
personal, I 400
custody of, I 786
mortgages, I 413
taxation, G808; 1 808, 833,
8oop; R 179
public, G 770; I 770
local government, I 3553
real estate, G 379 ; I 379
mortgages, I 407
rights of married women, R 34
titles to, I 381; R 7-8, 375-76
actions affecting, I 748
public lands, I 777
See also Mortgages ; Taxation
Property and supplies, G 779, 784;
I 779, 784
local government, I 3559
Prosecuting attorneys, G67S; I67S
Prosecutions, criminal, G3i3; I 313
Prostitution, I 938
Public buildings, G 779; I 779; R 17a
insurance, G791; I 791, 3558; R
173
local government, I 3555
sanitation and safety, I 1099
school, G 3333; I 3333
Public debts, see Debts, public
documents, G 67 ; I 67
state libraries, I 3355
grounds, I 3679
health, see Health, public
instruction, state superintendent,
bond, R 306
lands, G 774; I 774*. R 171-72
school, G 3340; I 3340
libraries, G 3356; I 3356; R 139-34
morals, crimes against, G364; I
364
officers, see Officers
order, G 870; I 870; R 113
crimes against, G356; I 356
ownership, see Government owner-
ship
printing, I 67, 787b; R 13S-39, i49
municipal, I 3448
session laws, I 5
property, G 770; I 77©
local government, I 3553
and supplies, G 779, 784
Public (continued)
prosecutor, G 675 ; I 675 ; R 33
records, division of, R 148
safety, G 1090; I 1090; R 309-10
labor, I 3053
railways, G 1314;! 1313;^ 356-
57 •
street railwa]^, G 1370; I 1368
service corporations, taxation, G
845; I 845
works, G 793; I 793; R 310-11
hours of labor, G 3096 ; I 3096
local government, G 3630 ; I 3630
Publications, state, I 67, 3355
Quarantine, G io3ob, 1034; I 933J,
io3oa, io3ob, io3od
of animals, G 1146; I 1146, ii44d,
ii44r, 1144U, 1177a; R 88
maritime, I 1034
Quarter sessions, court of, I 733y4,
87ooy6
Race distinction, I 133b
schools, G 3346
transportation, G 1338; I 1338
Racing, I 3736b
Railways, G 1300, 1367; I 1300, 1367
accidents, G i3i4d, I3i4e, i3i4f,
1315
actions against, I 7o3h
branches, I 1389
capital stock, G 1379; I 1379
capitalization and indebtedness,
R 3 59 -60
cars, I 833c, 1307, 1339
commissioners, see State railroad
commissioners
condenmation of property, G 1397
consolidation, G1373; I 1373
construction, I 1388; R 360-61
corporate organization and power,
G1368; I 1368
crossings, I 1317, 1319
damages to property, R 357-58
employees, G i3i4d; I i35o(5»
896c, 1314b, 1331a; R311
labor, I 3077
hours, I 3097
franchises, I 1398, 1367a, 1373a
freight rates, R 351-53
NEW YORK STATE LIBRARY
Railwa3rs (continued)
incorporation and general powers,
R 358-59
industrial sidetracks, R 353-S4
liability for injury, G 2126; I 2126,
1314b
live stock, transportation, R 354
officers, I 1278
passenger rates, G1227; 1 1227;
R 354-55
passes, G1237; I 1237; R355
police, I 1332, 1334
public comfort regulations, I 1328
public order, I 1332
public ownership, I 1280
race distinction, G 1238; I 1238
rates, G 1204; 1 1204
rights of way, I 1295; R 360-61
safety regulations, Gi3i4;Ii3i4;
R 356-57
stations, I 1303; R3S3
supervision and regulation, I 1286
taxation, G 845; I 845
tickets, I 1229
traffic regulations, G 1301; I 1301
transfer facilities, I 13 12
See also Street railwajrs
Rape, I 286
Re£ding courses, farmers, G 1829
Real property, G 379; I 379
mortgages, I 407; R 14-15
See also Property
Recall, R 195-96
constitutionality, R 192
Receivers, I 450
banks, I 1687b
corporations, I 523
See also Assignments
Recognizances, I 225e
Recorder of deeds, I 2522(5, 65 7f,
823b
Records, G2363, 2365; 1 2365; R
136-39
conveyances, G 396; I 396
county, I 2497
real property mortgage, I 411
war, G2379; I 2379
Redemption
liens and mortgages, I 406, 410
tax sales, G 829; I 829
Referees, I 688
Referendtim, G 115, 2627a; I iz5»
2465a; R 155. 193-95
Reform schools, G 343 ; I 343 ; R 118—
19
Reformatories, G 347 ; I 343
Register of deeds, 1 2522(5, 6S7f,
823b
Registration of voters, G 187; I 187,
134a; R 168-69
Religious corporations, I 586, 583!!,
S85d, 585e
Religious institutions, exemption
from taxation, I 812
Replevin, I 746
Reporters, court, G 694a
Representatives
state, I 79
United States, G 83 ; I 83
Resources and attractions, I 1675;
R 263-64
Restaurants, I iio8a
Revenue taxes, see Taxation, busi-
ness taxes
Revisions, bibliographic notes on,
R 140-42
Rhode Island (governors' messages),
banks, G i679f ; budget, G849a;
child labor, G 2ii8d; public debts,
G865a; elections, G 175b; gover-
nor, G4oe; labor, G2040g; legis-
lative sessions, G 113a; pensions,
G 2408a; soldiers homes, G 2416a;
steamboats, G 1139a; taxation, G
8ooj, 819c
Rights of way
railways, I 1295
street railwa3rs, I 1359
telegraph and telephone compa-
nies, I 1411a, 1418a
See also Condemnation of prop-
erty; Franchises
Roads, G 2700; I 2700; R 331-44
convict labor, G 358, 27o2d, a7o2k
debts, 1 27oon, 2700P, 27ooy6,
2702s, 2721C
districts, I 2704
engines, I 2740
injury to, I 2737
labor, I 2713
convict, I 358
obstruction, I 2737
INDEX TO YEARBOOK OF LEGISLATION I905
Roads (continued)
officers, I 2703
private, I 2719
state aid, G 2702; I 2702
taxes, see Taxation, roads
toll, I 2720
Robbery, I 332, 308a; R 113
Roberts, Henty, see Connecticut
Rogers, Howard J., Education, R
297-307
Roosevelt, Theodore, see United
States
Rural schools, R 301-2
Safe deposit companies, G 1698; I
1698
Safety, public, G 1090; I 1090; R 45-
58
railways, G 13 14; I 13 13
Safety of employees, G 2052; I 2052
building trades, I 2056
mines, I 2066
railways, I 2080
Salaries, public officers, I 38(8
See also Wages
Sale of lands, I 394
of property, I 447
Saloons, I 914, 929c; R 198-99
See cdso Liquors
Sanborn, John B., Contracts and
Torts, R 16-21
Sanitation, G 930; R 45
buildings, G 1099 ; 1 1099
school buildings, G 2235; I 223S
in schools, G 23Tob
See also Health, public
Sarles, E. Y., see North Dakota
Saturdays, holiday, I 1624
Savings and loan associations, G
1718; I 1718, 7oif, i68op
See also Building and loan associa-
tions
Savings banks, G 1708; I 1708,
i684d; R 266, 270-73, 279-80
commissioners, R 148
taxation, G 843
Scales, standards, G 1426; I 1426
Scenic places, G 2369; I 2369
Scholarships, I 2335
Schools, R 297-307
academies, G 2329
Schools (continued)
agricultural, G 2343; I 2343, 22406
attendance, G 2267; I 2267
compulsory, 1 2270, 371 (3b,
2223i
place of, G 2272 ; I 2272
boards, I 2228. See also Educa-
tion, boards of
buildings, G 2233; I 2233, 2561a
insurance, R 306
census, I 2274
commercial, I 2345
commissioners) I 22 23f, 2266b, R
300
consolidation, G2272; I 2272
of districts, I 2227
conveyance of pupils, G2272;
I 2272
courses of study, G 2288; I 2288
debts, I 224S, 2233a, 2233c, 2233i
districts, G2227; 1 2227, 2244c,
2244d, 2244r
elections, I 2225, 223 iv, 2233P
elementary, G 2223 ; I 2223
evening, G 2319
finance, G 2237. 2333; I 2237; R
148, 302
state institutions, I 2333
high, G2327; R 304-5
higher education, G 2330
inspectors, I 223 if
kindergartens, I 2321, 2266a
lands, G 2240; I 2240
state institutions, I 2333
lectures, I 2323
libraries, G 2360; I 2360; R 133
manual training, G 2350; I 2350 •
medical inspection of children, I
2281
meetings, I 2225
military, G 2348(5; 12348(5
of mining, G 2349
nonresident tuition, I 2272c
normal, G2266; 1 2?66, 224oe,
2258t
insurance, I 2233d
officers, G2228: I 2228, 2233h;
R306
professional, G 2342; I 2342
rural, R 301-2
sanitation, I 2235 ^
NEW YORK STATE LIBRARY
Schools (continued)
secondary, G 2223; I 2233, 2327
state aid, G 2328; I 2328
students, G 2277; I 2277
superintendents, I 2ii8n
city, I 2228b, 2231W, 22636
county, 1 2230, 2223i, 2223J,
2228b, 2228d, 2244a, 2244m,
2258b, 2258m, 2274g, 2282f,
25i7g, 2S57b
district, township and munici-
pal, 1 2231, 2228d, 2230k,
2231U
state, 1 2229, 2223a, 22236,
2223s, 2228b, 2258y, 2345a,
2497d
supplies, I 2282
taxes, see Taxation, schools
technical, I 2342
textbooks, G 2282; I 2282, 2310b
truancy, G 2270
trustees, 1 2231a, 2231b, 223ig,
2231J, 2244d, 2561a
United States flag, I 2236
year, G2275; I 2275
See also Teachers
Schulte, J. I., Agriculture, R 61-66
Scientific associations, I 583f
Scientific work, G 2380; I 2380
Sealers, G 14^6; I 1426
Seals, I 457
Seamen, employment, G 2124
Search warrants, I 747
Secondary schools, G2223; I 2223,
2327; R304-S
Secondhand dealers, I 1568; R 261
Secretary of state, G 49 ; I 49
agricultural statistics, I 1832b
charters, fees for, I 842c
deputy, I 38(80
insurance of state property, I 791 a
laws, I 5b, 5e, iic, iie, 67p
reports, I 862a
salary, 1 38(8a, 38(8i
state library fund, I 2354a
statute clerk, I io6b
suretT' company, certificate, I
17966
taxation, I 84 id
Township Officers Guide, I 2526b
voting machines, I 185C1
Schools (continued)
war records, I 2379c
Sectarian schools, I 2243
Securities, taxation, G 809
Seduction, I 288, 219a
Seeds, I 1496
Senate, employees, R 1S3
Senators, state, I 79, 80, i68a
See cUso Legislature
United States, G 84; I 84; R 152-
S3
Sentences, I 228, 363
commutation of, I 366
indeterminate, G370; 1 370; R
125-26
Sergeant-at-arms, I 689
legislature, I loob
Servant, bribing, I 460(50, 460 (5f
Serviceof process, I 705, 525a, 141 zd;
R 372
Service of summons, I 70S
Session laws, I 5
bibliographic notes on, R 140-42
Sewage disposal, I 2670a; R 56
Sewerage, G2661; 1 2661, 932m,
2620a, 262od, 26206
pollution of water, G 1079; I 1079
plants, G 797
Shares, see Capital stock
Sheep
cruelty to, I 89 6 j
diseases of, G 1177; I 1177
taxation, I 824a
Shellfish, I 2000
Sheriff, see Coimties, sheriff
Shipping, G 1800; I 1800
Ships. I 808a
Shooting, careless, I 299
Shore lands, G 778
Shows, I 893; R 114
Sick and disabled, G2160; I 2160;
R9S-96
Sickness insurance, R 288-89
Sidepaths, I 2718
Sidewalks, I 2716
Signs, G 1082; I 1082, 1592a
Silk commissioner, R 150
Silk culture, G 1653; I 1653; R 263
Slander
appeals from conviction, I 2251
tort, G472; I 472
INDEX TO YEARBOOK OF LEGISLATION I905
Slot machines, I 8836
Smallpox, I 1027b
Smoke, I 1084
Society badges, I 1504
Soldiers homes, I 2416
monuments, I 2376
See also Veterans
South Carolina (governor's message),
agriculture, G 1826a; budget, G
849a, 849e; public buildings, G
781a; charities, G 2198a; county
government, G 2498b; courts, G
609c; public debts, G 865a, 8650;
commtmicable diseases, G 1024b;
education, G 2233d, 2270b, 2319a,
2332*. 2332d, 2334b, 235oe, 2351a;
local finance, G 2593a; fish and
game, G i9oon; geology, G 2384a;
public health, G932C; encourage-
ment of immigration, G 1675a;
income tax, G 830a; legislative ses-
sions, Gii3b; libraries, G 2360a;
liquors, G903a, 904f; medicine,
G944d; militia, G 2391a; mines
and mining, G 2039a; mob vio-
lence, G 92 7e;. pensions, G 2409a;
state prisons, G 341a; railways,
G 1267a; records, G 2365c; reform
schools, G346h; roads, G2 7oog;
silk culture, G 1653a; state officers,
G38(9b; taxation, G 829b
South Dakota (governors' messages),
accounts, G859b; adulteration of
foods, G956a; agriculture, G
1826a, 1829b, 1829c, 1840a; attor-
ney general, G 50a, 50c; banks,
Cr i679g; boundaries, G 17a; bud-
get, G 849a, 849f ; public buildings,
G 780a, 781k, 781I; census, G 2ie;
convict labor, G354f, 36of; con-
victs, G370C, 373a; corporations,
G 5ooe; public debts, G 865a, 865f ;
depositories, G868f; communica-
ble diseases of animals, G 1144a,
ii44h, 1155a; education, G 2223a,
2240a, 2241a, 2258a, 2263a, 2328a,
2332a, 2344a; elections, G i6o(3e,
183a; practice of embalming, G
1051a; state examiner, G 55a; ex-
positions, G 1662c; fish and game,
G 1900P; forestry, G 1892c; grain
warehouses, G 1515a; history, G
2363a; insurance, G 1734b, 1764b;
interest, G 463a; state library, G
2354e; medicine, G944a; mUitia,
G 2388a, 239 la; mines and mining,
G 2020a; petroleum products, G
1493b; state prisons, G 342a; rail-
ways, G 1267a; soldiers homes, G
2 4 1 6a ; Stat e institutions , G 64c ;
statistics, G 19b; taxation, G
800a, 809a, 8i9d, 8T9e, 843d; tele-
graph and telephone companies, G
1411c; trust and safe deposit com-
panies, G 1700a
Spanish war veterans, I 2405, 2408b,
2411a, 24iie, 2417a, 2426
Sparks, John, see Nevada
Special assessments, see Assessments,
special benefit
Special legislation, 188; R i54~55,
197-98
procedure, G no
Speculation, 1 1507
Spices, I 1006
Sporting associations, I 583d
Sprinkler leakage insurance, I 1768a
State accountant, I 856d
accounts, G 853 ; I 853
agricultural associations, G 1840;
I 1840
agriculture, boards of, G 1826; I
1826, 1832c, 1844s, 1844X; R 61-
62
aid to libraries, G2357; I 2357
for roads, G 2702; I 2702
to schools, G 2328; I 2343a
to secondary schools, I 2328
to technical and manual training
schools, I 2350c
architect, G 783; I 783; R 150
armories, I 2392
assessors, clerk, I 38(8i
of transportation, R 148
attorney, see Attorney general
auditor, G 858; I 858, 528b, 7i9e,
856m, 857c, 86ia, 1698c, i76ii,
2203d, 2583a, 2583e
bank department, I 1680, i7i8d;
R 148
examiner, I 38(8i, 1720a, 1720c
buildings, G 779
NEW YORK STATB LIBRARY
State (conHnued)
capitol, G781; I 781, 780a, 78oh,
78oi
census, I 21
charitable institutions, tx>ard of
control, R 149
charities and corrections, board of,
I 63, 335b, 2143a, 2149a, 2l72h,
2182a
chemist, 1 936d, 1472a, 1474c,
2642b
child and animal protection,
bureau of, R 149
children's homes and schools, G
2177
children's institutions, I 2177
claims against, G 855; I 855
claims in favor of, G 854; I 854
comptroller, G8s8; I 858, 38(8a,
79oe, 792a
control, board of, I 2157c
debts, G86S; I 865
departments, G 38; I 38
created, abolished or reorgan-
ized, I 57
temporary, I 58
depositories, G 868; I 868; R 174
dispensary, G 903
ditches, G 1195; I 1195
documents, R 133
domain, G 772 ; I 772
education, department of, G 2229;
I 2229, 223oi, 2270b, 2270m,
2282d, 2288b
educational institutions , G 2 3 3 2 ;
I 2332
board of control, R 148, 151
engineer, G796; I 796, 1183x1,
ii83yi
epileptic asylums, G 2213
equalization, board of, R 148
examiner, G55; I 55, 856c, 856J,
868n; R 147-48, 150
executive mansion, I 782, 780a,
78oh, 78oi
factory inspector, I 204oe, 204oi,
2058a, 2Il8t
fairs, G 1840
farmers institute board, R 147
finance, G 770; I 770; R 171-72
firemen's associations, I 2619
State (continued)
fish and game commissioners, I
zpoog, 1900J, i90on, i9ooq,
i9oor, 1900U, 1900V8, 1900X1,
i9ooy3, i96ie, i96if, X96ig,
i96it, 1962a, i97ie, 1988c,
2007b, 2007c, 2011C, 3017a;
R147, 150
fish and game wardens, I i89og,
1900m, 1900P, 1900W7, 1900x8,
i9ooy8, 1961S ,
flag, I 24
food and dairy commissioners, R
146-47
forestry commissioners, I ii8oj,
1893k, i96ig, i97ie, 2650P; R
147
geologist, I ii8og
government, lawmaking and elec-
tions, R 143-70
grain and warehouse commission,
R147
health boards, see Health, public,
state boards
highway commissioners, I 2 7 oof,
2702b, 27o2f, 2702k, 27o2r,
2703a, 2742e; R 147
historical society, I 2366b, 3366c
horticulture, boards of, R 147
hospitals, G 2166; I 2166
for insane, G 2198; I 3198
Indian school, I 2178
insane asylums, I 2198
institutions, G 60 ; I 60
accounts, G863; 1 863, 856q,
86ib
blind, G 2191; I 2101
charitable, G 2143; I 2143
deaf and dumb, G 2186; I
2186
epileptic, I 2213
establishment, R 150
feeble-minded, G 2218; I 2218
insane, I 2198
penal, I 341
property and supplies, G790;
I 790
purchase of supplies, R 172-73
insurance departments, G1733;
I 1733. 38(8i, 856c, 856i, 1723a,
1732c, i732g, 1739a* 1740a,
INDEX TO YEARBOOK OF LEGISLATION I905
1741a, 1746a, 1758c. I758(5e,
1761a, i769d. 179SC; R148,
283-95
insurance of public buildings, G
791; I 791
labor commissioners, I 3040a,
2040c, 204oh, 204oi, 2ii8i, 2ii8t
laboratories, G 936; I 936
land board, G 38a
land commissioner, I 774c, 774e,
774n, 776d, 776h. 776k, 829!!
librarian, I 70c, 791c, 2365g, 2366a
library, G 2354; I 2354, 78oe; R
132
library commissions, 1 2357; R
130, 148
license and biillion tax agent, R
148, 150
lunacy commissioners, 1 2193c,
2201a, 2202a, 2203a
medicine, control of, G 940; I 940;
R147
militia, G 2391 ; I 2391
mine inspector, I 2o63g, 206311
mining board, I 2063b
officers, G38; I 38
accounts, 1 8s6a, 856b, 856c,
856f, 856h, 8s6q
actions against, I 703k
bonds, G 38(4
civil service examination, G 38(1
contracts, interest in, I 789a
created, abolished or reorgan-
ized, I 57
discipline, G 38(9
elections, I i7ie
fees, G38(8;R 145
nominees for, I i68a
qualifications, G 38(6
reports, G 38(7
salaries, G 38(8
temporary, I 58
tenure of office, G 38(9
oyster commissioners, l2oiie,20i2
parks, I 7g8
pharmacy, board of , R 147
police, G874; I 874; R 149, 150,
209
poorhouses, I 2156
printer, I iie, 6o3h, 2380a
printing, G 67; I 67, 787b
State (continued)
prisons, G 341 ; I 341 ; R 1 17
property, G 772; I 772
property and supplies, I 779, 784
public building commissioners, I
2218c
public works, G 793 ; I 793
publications, G 67; I 67, 2355
railroad commissioners, G 1267,
1301b, . 1314b, 1314c, 13146,
1315a, 1337a, 1337b, 1337c,
1411a, 1411b, 1515a', I 1200a,
1212b, 1249a, 1267c, 2i67d,
i267f, i267i, 1267J, 1267k,
1267P, 1267U, 1289c, 1308a,
1310a, 1312b, 1319c, i368(5a,
1393a, i4iia, 1480a, 1544a,
2036a, 2081a; R 148, 345-51
road systems, G 2702; I 2702
schools, superintendents of, I
2223a, 2223e, 2223s, 2228b,
2229, 2258y, 2345a, 2497d
secretary of, see Secretary of State
special investigations, I 59
supplies, board of, R 148
tax commissioners, I 800; R 148
treasurer, G 859; I 859, 79oe, 833h,
854a, 856i, 857c, 861a, 865b,
86sc, 868r, i698g
salary, I 38(8a, 38(80
universities, I 2332
veterinarian, G 1144; I 1144; R
146
water supply commission, I 2648e
State's attomejrs, I 2126, 675c, 675s
Statistics, G 19; I 19
agricultural, I 1832
bureaus of, G 20
vital, G 938; I 938; R 47-49
Statutes, G 2 ; I 2
codification of, G 10
construction of , I 9
indexes, G 8
overlegislation, G 85
preparation of, G 3
revision and compilation, Gii;
III
special, G 88
procedure, G 110
time of taking effect, G 4
unconstitutional, I 12
NEW YORK STATE LIBRARY
Stealing animals, I 1884
railway tickets, I 1229
ride on train, I 1335
See also Larceny
Steam boilers, insurance against
loss by, I 1777a
Steamboats, G 1139; I 1139; R 58
Stenographers, I 49d, 5oi, 2409c
court, G694; I 694, 430P, 720b
Stewart, John T., Land Drainage, R
243-56
Stock, capital, see Capital stock
Stock yards, I 1526
Stockholders, liability of, I S06
banks, I 1690
trust companies, I i698e
Stokes, Edward C, see New Jersey
Stolen goods, receiving, I 328
Storage, see Warehouses
Streams, pollution of, G 1079; ^ 1^79
Street railwa]^, G 1337, 1370; 1 1337;
R 361-63
actions against, I 703c
boats, may operate, I i267g
bonds, 1 12 79b
condemnation of property, I 1361
consolidation, I 1342
corporate organization and powers,
I 1339. 2638b
crossing steam railways, I 13 18
crossings, I 1368(5
damages to property, I 1375, i333e
elevated, I 1338b, 1362a
fares, I 1365
franchises, I 1362, 2628c; R 363-6S
freight, I 1345a
passes, I 1365
public order, I 1374
public safety and comfort, I 1368
race distinction, I 1238
right of way, I 1359
sale of equipment, I 2271b
street paving, I 2710
supervision, I 13 5 2
taxation, G 845m, 845n ; I 845 ; R
178
transfers, I 1366
undergrotmd, I 1338, 1362a, 1407
vestibules, I 2079; R3^i
Streets, G 2700; I 2700
commissioners, I 2703
Streets (conHnued)
improvement, I 2707
See also Roads
Strikers, G 2139; R 319-20
Subways, I 1338, 1362a, 1407
Succession, I 423; R io~ii
Suffrage, G 129; I 129; R 156-57
school, I 2225
Sugar beets, I 1635
Sugars, I 1008
Summons, I 705 ; R 372
Sunday observance, G929; I929
selling of liquors, 1913d
Superior courts, I 609
appeals from, I 733y
clerks, I 671a, 671c
judges expenses for, I 65 7d
commissioners, I 693a '
costs in actions, I 226J
cotmty commissioners, vacancies,
I 25046
guardianship proceedings, I Z445a
high schools, I 2327h
judges, I 609b, 668a, 668c, 668d,
668h, 668i, 668q. 668s
judgments, executions on, I 736h
juries, I 730X
procedure, I 695a
receivers, appointment, I 1687b
statistics of trials, I 6096
supplies, I 6o9n
venue, change of, I 710b
Supervisors, see Cotmties, supervisors
Supplies, purchase of, R 172-73
Support of family, I 496
Supreme courts, G 605 ; I 605 ; R 29-
30
appeals to, I 733^. 733^. 733g.
733^, 733^1, 733P» 733S, 733«.
7337. 73372, 733Z1. 736a
attome3rs, licenses, I 591b, 593],
592n
briefs, I 7o8d
buildings, I 78od, 78oe
clerks, I 606
costs in actions, I 737m
habeas corpus, I 211c
judges, 1 608. 668b, 668c, 668f,
668q
officers, I 606, 657b
pleadings in, I 591a, 712b
INDEX TO YEARBOOK OF LEGISLATION 1905
Supreme courts (continued)
procedure, I 695b
reporter, I 603b, 6o3g, 603k
reports, I 6o3f, 6o3h, 603 j, 603m
stenographer, I 694c
tax sales, I 829s
trust companies, I i698e
Supreme courts (intermediate), I
1057c
appellate division, I 6o9i
Sureties, public officers, I 38(4
Surety companies, G1795; I 1795,
i764g; R 294-S>5
Suretyship, G 467 ; I 467 ; R 19
insurance companies, I i764g
Surgeons, taxation, I 833b
Surrogates courts, I 430
Surveyor, cotmty, I 2523
Surveyor General, deputy, I 38(80
salary, I 38(8a
Surveys, I 386
Swamp lands, G 778; I 778
drainage, I 1192
Sweat shops, G 2082 ; I 2082
Ssrrups, I 1008
Tax assessors, G 819a; I 819, 845k,
i832d, 2S57b
collectors, I 827
commissioners, I 800; R 148
rate, I 849a; R 174-75
local. G 2578b, 2578c; I 2577
sales, G 829 ; I 829
Taxation, G 800; I 800; R 176-87
assessment of taxes, G 819; I 819;
R 180, 184
banking institutions, G 843 ; I 843
bridges, I 1393^. T393i, 1393m
business taxes, G 833 ; I 833 ; R
181, 185, 186
liquor, G 907 ; I 907
collection, G 827; I 827
contracts, I 835
corporations, G 841 ; I 841 ; R i8a,
185, 186
county, limit of, I 2578
deeds, G 83s; I 835
delinquent taxes, G 829 ; I 829
dikes, I ii9aa
dogs, I 1889
domestic animals, I 824
Taxation (continued)
drainage assessments, 1 1194,
ii92d, ii92h, 1192U
equalization, G 825; I 825
exemptions from, G810; 1 810;
R 176-77, 184
bequests, I 836k
corporations, I 841a, 841b
forests, I i892e
industries, I 1633
lands ceded to U. S., I i8c
municipal bonds, I 809c
railwajrs, I 1283
shows, I i83Sk
franchises, R 184, 186
income tax, G 830, 8oog, 809b;
I 830
inheritance taxes, G836; 1 836;
R 188-90
insurance companies, G 844;
I 844
libraries, I 2358c, 2358g, 2358J
local and mtinicipal, G2578; I
2566; R 207
limit of, I 2578
public improvements, I 2622
mining companies, I 846
mortgages, I 809a, 809b, 843c;
R177. 184
parks, I 2679c, 2679d, 26796,
2679f, 2684a
of personal property, G 808; I 808,
823, 8oop; R 179
poll taxes, I 831, 2704b, 2704c
roads, I 2714
real estate, assessment of, G820;
I 820, 8oop
review, G825; I 825
roads, G 2700b, 2700c, 27oof,
27oog, 2702b, 2702c, 27oai; I
a7i3» 2597U, 2700b, 27ood,
27ooe, 27ooi, 2700m, 27oor,
3700s, 27oot, 2700U, 2700X,
a7ooys, 2700Z3, 2702U, 2702W,
2704c, 2715a, 2744a
sanitary district, I 2661a
school, G 2240;! 2240, 3244,2233d,
3323q, 3336b, 3337d, 3337e,
3343d, 3373i, 3338a, 3333c
separation of state and local, G
807; R 183, 18S, X87, 307
NEW YORK STATE LIBRARY
Taxation {continued)
sewers, I 2661a, 266id, 266if,
266ii
special assessments, I 2569, 26206
boulevards, I 2681b, 2681c
lighting, I 2633a
roads, I 2704b
sewers, I 2671, 2664a
sidewalks, I 2716a, 2 7i6f
street improvement, 1 2707b,
2707c
waterworks, I 2652, 26Sog
street paving, I 2709a
transportation and transmission
corporations, G 845 ; I 845
Teachers, G2247; I 2247, 2223i,
2223J
associations, I 2250
certificates, I 2258, 2223!, 2223q;
R 302-3
dismissal, I 2253
employment. I 2253
examinations, I 2258, 2310b
institutes, G2263; I 2263, 2223!,
2223J, 223oe, 2240b, 3247a,
2253e
pensions, I 2255
qualifications, G 2258; I 2258,
2310b
salaries, G2254; I 2254, 2244c
training classes, G2264; I 2264
Technical education , G2342, 2350;
I 2342, 2350; R 306
Teele, R. P., Irrigation, R 231-42
Telegraph, G 1411, 1237a, 2638a;
I 141 1, 500k, 7o5ni, 845Z1,
1237c, 2628c, 2628h, 2639a,
26450; R 365-66
apparatus, interference with, I 320
companies, taxation, G 845
Telephone, G 141 1, 2638a; I 141 1»
500k, 8457, 1237c, 2628c, 2628h,
2639a, 2645e; R 365-66
apparatus, interference with, I 320
companies, taxation, G 845
Temperance
effects of alcohol, I 2310
liquor laws, G 902 ; I 900
Tenants, I 422 ; R 8-9
Tenement houses, G mo; I mo,
1103c, iio3e; R 57
Tennessee (governor's message), ag-
riculture, G 1826a; budget, G 849a;
convict labor, G 3S4g, 36og; con-
victs, G 367a, 372d; crimes and
offenses G 262a; criminal insane,
G 361b; public debts, G 865a;
education, G 2223a, 2234a, 224of,
2263b, 2266a, 23Sof ; expositions, G
1662c; encouragement of immi-
gration, G i67Se; insurance, G
1764c; labor, G 2063a; legislative
procedure, G iioa; memorials, G
2370a; militia, G 2391a; pensions,
G 2409a; state prisons, G 341a;
reform schools, G346i; soldiers
homes, G 2416a; taxation, G 825J
Tenure of office
county officers, I 2518
municipalities, l2478;Ri92
public officers, I 38(9
township officers, I 2536
Terrell, J. M., see Georgia
Testaments, see Wills
Testimony see Witnesses
Texas (governor's message), ac-
counts, G 854a, 858a, 859a; attor-
ney general, G 50a; budget, G
849a, 849g; public buildings, G
780a; charities, G 2177c; convict
labor, G354a, 36oh; convicts, G
373a; communicable diseases of
animals, G 1144a; education, G
2223a, 2240a, 2266e, 2332a, 2344a,
2350a; elections, G i26d; local
finance, G 2597b; fish and game,
G 1900a; public health, G932a;
horticulture, G 1846a; militia, G
2391a; overlegislation, G 85b; pen-
sions, G 2409c; police, G874a;
state prisons , G 3 4 1 a ; public
works, G 797a; railwa3rs, G i237d,
1267a, 1279a; soldiers homes, G
2416a; state institutions, G63a;
supplies for state institutions, G
790c; state officers, G38f; taxa-
tion, G 8i9f, 820b, 833c
Textbooks, G2282; I 2282, 2310b;
R 148, 305
Theaters, I 893, 1103b, 1109c, iio9d;
R57-
Ticket scalping, I 1235; R 355-56
INDEX TO YSASBOOK OF LfiGISLA.TION I905
Tickets, railway, I 1939
Tide lands, G 778; I 778b
Timber, G 778(5, 1896; I 1896
state lands, I 778(5
See also Forestry-
Tires, wide, I 2 745
Title insurance, I i74ig, i795g
Titles to property, 1 381; R 7-8,
375-76
actions affecting, I 748
public lands, I 777
security of, R 9
Tobacco, I 924
Toll roads, I 2720
Toole, Joseph K., see Montana
Topography, I 2384
Tornado insurance companies, I
1770b, i77oh, i77oi, 17870, 2233q
Torrens system, G396a; 1 398; R
9-10
Torts, G 468; I 468; R 16-21
Town sites, I 390
Towns
buildings, I 2556
debts, I 259722, 2620b
recorder, I 226a
See also Municipalities
Townships, G 2526; I 3526
clerks, I 938k
debts, I 2S97f
jails, I 349
ofl&cers, I 2533
taxes, I 262oe
Toy pistols, I in8
Trade combinations, G 589 ; I 589
Trademarks, I 1500
Trades and occupations, regulation,
G 1532; I 1532; R 260-62
Trading stamps, I 1628, 841!; R 262
Training classes, teachers, G2264;
I 2264
Training schools, insurance, I 2233d
Tramps, G260; I 260, 242b; R 112
Transfers, street railways, I 1366
Transfers of property, R 9
Transient merchants, I 1586, i532e,
i56or; R 150
Transmission corporations, taxation,
G 845; I 845
Transportation
assessors of, R 148
Transportation {continued)
corporations, taxation, G 845; I845
insurance companies, I i764f
Transportation and commtmication,
G 1200; I 1200; R 345-66
Transportation of convicts, G353;
I 353
Traveling libraries, G2357; I 2357,
2356a; R 131
Treasurer, see Counties, treasurer;
State treasurer
Treasury agent, R 148, 150
Trees, I 1890, 2742
planting, I 2233h; R 306
See also Forestry; Timber
Trespass
animals, I 1879
crimes, I 326; R 113
htmters, I 1908
mines, I 2034
tort, I 473
Trials
civil, I 708; R 372-73
new, I 733
criminal, G 216; I az6
new, I 225
divorce, G 489 ; I 489
Trolle]^, see Street railways
Truancy, G 2270; I 2270
Trust companies, G 1698; I 1698,
7oif, 843h, 1680a, 1680b, i68og,
i68oh, i68op, i684d; R 269, 274,
276-77
Trust deeds, I 407
Trust funds, I 445d
Trustee process, see Garnishment
Trustees, I 441, 448, 384b, 5i8d
Trusts, I 448
Trusts (Combinations), see Combina-
tions
Tuberculosis, G 1042; I 1042, xo2of ;
R55
Underground railways, I 1338, 1362a,
1407
Undertaking, I 1051
Undertakings, see Bonds
Uniform accounts, municipal, G
2583; I 2583
Uniform legislation, I 13
commission on, R 149
NEW YORK STATE LIBRARY
Union labels, I 1S03
United States (president's message),
agriculture, G i826d; art, G 2386a;
buildings, G 1099a; cessions to,
I 18; citizenship, G 117a; corpora-
tions, G 5oof ; crimes and offenses,
G374(5b; criminal procedure, G
3 1 6a; communicable diseases, G
1020b; education, G 2270c; elec-
tions, G 149c; expositions, G
1662a; forestry, G 1894a; game,
G 1910a; government employees, G
38(9c; insurance, G i732e; irri-
gation, G 1 1 83a ; juvenile offenders,
G37i(3d; labor, G 2040a, 204oh,
2i25d; public lands, G 774*; me-
morials, G 2370b; naturalization,
Gii8a; public playgrounds, G
2694a; government printing, G
67e; railways, G 1204a, i2i2e,
I3i4d
United States flag, I252, 2236
United States representatives, G 83 ;
1 83 •
United States senators. G84; I 84;
R 152-S3
Universities, 1 2332, 224oe, 224oh;
R307
Usury, I 463; R 19-20
Utah (governor's message), accounts,
G 8561, 858a; adulteration of foods,
G 956a; agriculture, G 1828a,
1840a; art, G 2386b; attorney gen-
eral, G 50a; batiks, G 1679a, 1680b;
barbers, G 1540a; budget, G 849a;
building and loan associations, G
1720a; charities, G 2186a, 2191a,
2198a; convicts, G373a; deposi-
tories, G 868g; commtinicable dis-
eases G 1020a; communicable
diseases of animals, G 11 77a;
education, G 2223a, 2240a, 2258b,
3366a, 2381a, 2310b, 23ZOC, 3337a,
a332a, 2344a, 3349a; expositions,
G z663b, z662c; fish and game,
G i9ooq; public health, G933a,
934b; historical societies, G 3366a;
horticulture, G 1844a; irrigation,
G 1183a, ii83h, 1189c; labor, G
3063d, 3i39a;publiclands,G774a;
state library, G 3354a; practice of
medicine, G 944e ; sale of medicines,
G 952b; militia, G 3391a; mob vio-
lence, G927f; noxious animals, G
1856a, 1874b; overlegislation, G
85c; state prisons, G 341a; reform
schools, G 346a; secretary of state,
G 49a; state ofl&cers, G 38g; statis-
tics, G2oa; taxation, G835a;
United States senators, G 84a;
vital statistics, G938C; pollution
of water, G 1079c; weights and
measures, G 1426a
Utter, Geoi^ge H., see Rhode Island
Vaccination, I 1027; R 54
Vagrancy, G 260; I 260, 242b; R 112
Van Sant, S. R., see Michigan
Venereal diseases, I 9520
Ventilation, mines, G 2065 ; I 2065
Venue, I 703; R372
change of, civil procedure, I 710
criminal procedure, I 217
Verdicts, G 732 ; I 726, 73a ; R 374-75
Vermont (governors' messages), ac-
counts, G854a, 8s8a; advertise-
ments, G 1082a; agriculture, G
1826a; attorney general, G 5od,
5oe; automobiles, G 3733f ; boun-
daries, G 17a; budget, G 849a;
charities, G 3183c, 2198a; constitu-
tion, G 32d ; convict labor, G 356d ;
courts, G 603a; communicable dis-
eases of animals, G ii44i; educa-
tion, G 2223a, 3373e; elections, G
1 60k; forestry, G i89oe; legis-
lature, G8od; liquors, G904g;
memorials, G 3377a; noxious ani-
mals, G 1856b; state prisons, G
341a; railways, G i367i, i3oibr
reform schools, G346a; reforma-
tories, G347a; roads, G 3700a,
37o3n; state institutions, G63a;
state's attorney, G675a; street
railways, G 1337c; taxation, G
807c; exemptions from taxation,
G 8ioa; United States senatora. G
84a; war records, G a379a; waters,
Gzi8ob; pollution of water, G>
zo79d; weeds on roads, G a744a
Vessels, R 58
inspection, I ZZ39
INDEX TO YEARBOOK OF LEGISLATION I9OS
Vessels {conitntied)
quarantine, I 1024
taxation, I 808a
wrecks, I 1820
See also Navigation
Vestibules on cars, I 2079
Veterans
confederate, I 2409, 2416c
exempt from taxation, I 8i6
homes, G 2416; I 2416
memorials to, G2370; I 2376
monuments, G 2376
organizations, I 2421
peddlers, I iS6oai
pensions, G 2406; I 2406
preference of, I 38(5
retirement fund, I 3 8 (8k
Spanish War. I 2405,2408b, 2411a,
24iie, 2417a, 2426
war records, G 2379; I 2379
Veterinarians, I 1588, 926f, 926h;
R 260, 307
boards for examination of, R 146,
260, 307
state, G 1 144; I 1 144; R 146
Veto power of governor, G 45 ; I 45 ;
R 144
Villages
commissioners, I 2613a
debts, I 2620b
See also Municipalities
Vinegar, I 10 14
Vital statistics, G938; I 938, 932h;
R 47-49
Vivisection , I 89 6t , 2 2 8 8c
Voters
assistance to, I 183
bribery, G 126c, 149c, 167a; I
160Z1, 167c, i67d
enrolment of, I i26g, i6od
intimidation, G 156, 167a
lists, I 190
qualifications, I 129a
registration, G187; I 187, 134a;
R 168-69
residence, I 142
women, G 146; I 146
See also Elections
Voting, G 175 ; I 175
illegal, I 155
Voting machines, G ia6a, 185 ; I 185 ;
R 167-68
commissions, R 149
Wage lien, I 420
Wages, I 2100, 833i
garnishment, I 742, 74ig
pa3mient of, R 316-17
War records, G 2379; I 2379
Wards and guardians, I 445, 5i8d
Warehouses, G 1508; I 1508; R
259
Warner, Fred M., see Michigan
Warrants, G 853 ; I 864
local finance, I 2585
Washington (governors' messages),
banks, G 1680c; budget, G 849a;
public buildings, G 781a; courts,
G 605c, 694a; criminal procedure,
G224a; communicable diseases,
G io42f; education, G 2332a,
2334c; administration of estates,
G 426a; expositions, G 1662b;
family, G 489a, 496c; fish, G
1986b; forestry, G 1896a; harbors,
G 1803a; irrigation, G ii83i,ii83J;
juvenile offenders, G 37i(3e; prac-
tice of law, G 592a; legislative pro-
cedure, G io8c; liquors, G907C;
lobbying, G99a; nulitia, G 2391a;
mines and mining, G 2024a; rail-
ways, G 1267J, 1267k; roads, G
2 7 ooh ; soldiers homes , G 2 4 1 6a ;
state institutions, G 63a; statutes,
G 3g, 3h, 4c; taxation, G8o7d,
836g, 84id; townships, G 2526a
Water
commissioners, I 266ig; R 147
companies, I 2655
insurance against loss by, I 1773a
mains and meters, interference
with, I 320
pollution of, G 1079; ^ 1079 f R S^f
228-29
power, 1 1 80
rights, G 1183; I 1 180; R 232
supply, G 2648; R 147, 213
tax, I 2652
Waters, control of, G1180; I 1180;
R 231-42
Waterwa3rs, G 1800; I 1800; R 264
NEW YORK STATE LIBRARY
Waterworks, G797; I 2648, 932m,
a566a, 262od, 26206, 2629b, 2629c,
2629(1; R 211
Weapons, G 262; I 262; R 112
conveyance to convicts, R 120
Weber, Adna F., Labor, R 309-14
Weeds, agriculture, I 1854
on roads, G 2744; ^ 2744
Weighing grain, I 1519
Weights and measures, G 1425; I
1425; R257
inspector of, R 148
Wells, P. P. & Woodruff, G. W..
Forestry, R 215-19
West, Max, Inheritance Tax, R 188-
90
West Virginia (governors' messages),
accounts, G854a, 859a; adultera-
tion of foods, G 9S6n; agriculture,
G 1826a, 1828a; attorney general,
G 50a; banks, G 1679a, 1684a;
boundaries, G 17a; bridges, G
1405a; budget, G 849a, 85 ic, 85 id;
building and loan associations, G
1720b; public buildings, G 780b,
780c, 781a; charities, G 2157a,
2167a, 2172a, 2172c, 2183d, 2193c,
2198a; civil procedure, G697a;
convicts, G37od, 373a; corpora-
tions, G 5oog, 5ooh, 5ooi; criminal
insane, G 361c; criminal procedure,
G 233a; public debts, G 86sa; de-
positories, G868h; education, G
2223a, 22236, 2223f, 2227a, 223od,
224og, 2244b, 2254d, 2275a, 2327b,
2332a, 23326; elections, G 1266,
i49d, 1496, i6o(3f, 175c, i8ia,
i87d; expositions, G 1662a, 1662b,
1662c; local finance, G 2578a;
forestry, G i89of ; geology, G
2384a; governor, G4of; public
health, G932a; hot springs, G
1199a; insurance, G t732a, i732f,
i732g; labor, G 2040a, 20636,
2065a, 2 1 256 ; legislative officers
and employees, G looc; libraries,
G 2356a; state library, G 2354a,
2354f; liquors, G903b; lobbying,
G99g, 99h; memorials, G 2377a;
sale of merchandise, G459a;
militia, G 2388a, 2391a; mines and
n^ing, G 2020a, 2035b; mob vio-
lence, G 927a, 927g;mtmicipalities,
G 2438a; narcotics, G926b; no-
taries public, G669a; state print-
ing, G68b; state prisons, G34ia;
railways, G 1238a, 1267m; reform
schools, G 345a, 346a; roads, G
27ooi, 2702a, 27o2p; scenic and
historic places, G 2369a, 2369c;
supplies for state institutions, G
79od; taxation, G 8ook, 8oom,
8076, 8i9g, 833d, 835a, 842a, 84SnTf
846c; United States senators, G
84d; pollution of water, G 1079a;
weights and measures, G Z426b
Wharves, I 1804
Whipping, G 374(5; 1296b
White, Albert B.,see West Virginia
White, Frank, see North Dakota
Widows , exempt from taxation , 1 8 1 oe
Widows of soldiers
burial expenses, G 241 la
homes, G 2418; I 2418
Wife beating, I 296b; R112
Wilcox, Delos F., Local (government,
R 191-203
Wilcox, E. v., Domestic and Noxious
Animals, R 80-90
Wild animals, noxious, G 1856;
I 1856
WiUs, I 425; Rio
contest of, 1 432
foreign, I 433
probate of, I 429, 431
See also Estates
Wind, insurance against loss by,
I 1773a
Wine, G918
Wire fences, I 388
Wisconsin (governor's messages),
accounts, G 854a, 856} ; adultera-
tion of foods, G 956a, 961a; banks,
G 1679a; budget, G849a; public
buildings, G 781a, 781m; charities,
G 2 2 1 8a ; combinations, G 5^b ;
conveyance of property, G 396a;
convict labor, G 356e; criminal in-
sane, G 36id; depositories, G 868i;
direct legislation, G115C; com-
municable diseases, G 1042a; edu-
cation, G 2223a, 92296, 9240a,
INDEX TO YEARBOOK OF LEGISLATION I905
33580, 3364b. 3366a, 3373!, a333a,
2343c; elections, G iS4a, 156a,
i6o(3g; expositions, G 1663b,
1663c; fish and game, G 1900a,
1949a; forestry, G 1890a; geology,
G 3384a; income tax, G 830b; in-
vestment companies, G i7iSb;
labor, G 304oi, 3136b, 3136c; pub-
lic lands, G 776a; libraries, G
23S7a; state library, G 3354g;
lobbying, G 99i, 993 ; militia, G
3391a, 3398a; mtmicipalities, G
3433b, 3478a; petroleum products,
G 1493a; railways, G i337e, i367n,
1379b, 13146, 13 i4f; reformatories,
G347a; state institutions, G 63a,
63P; state officers, G38(ig; taxa-
tion, G Soon, 8o7f, 809b, 83611,
844a, 845a, 845n, 84SP; waters, G
1 1 80c
Witnesses, R 373-74
bribing, I 35oh, 350k
civil procedure, I 717, 845
criminal procedure, 1 319, 316a,
330a, 350c, 366c, 900a
of cruelty to animals, I 896r
expert evidence, I 333
fees, I 333, 38(8q
nuleage, I 333a, 330a
Woman suffrage, G 146; I 146; R 157
school elections, I 3336
Women
clubs, I 5836
employment, G 3113a; I 31 17
employed in saloons, I 9o7p, 913b
hours of labor, I 3086, 3085c
institutions for, G345; I345;R
117-18
married, property rights, I 494
Wood, transportation, I 1364
Wood alcohol, 1 953l>f 9S6k, 998a,
998b, 998c
Woodruff, G. W. & Wells, P. P.,
Forestry, R 315-19
Workhouses, G335a; I 348b, 349c
escape from, I 353k
Workingmen's insurance,. I 3138; R
3"
Workshops, fire escapes, I 11036
inspector, R 147
regulations, G 3044; I 3040
Wrecks, I 1830
Writs, I 749
Wynkoop, Asa, Libraries, R 139-34
Wyoming (governor's message),
adulteration of foods, G 956a;
attorney general, G 50a; budget,
G849a; public buildings, G 781a;
charities, G 3183a, 3198a; com-
municable diseases of animals,
G 1144a; education, G 3333a,
3333a; state examiner, G 55a;
expositions, G 1663c; fish and
game, G 1900a, 1950a, 1961a;
geology, G 3384a; hot springs, G
1199a; irrigation, G 1183a, 1183k;
labor, G 3063a; public lands, G
774h; militia, G 3391a; noxious
animals, G 1874a; pharmacy, G
949a; state prisons, G34ia; re-
form schools, G 346a; secretary of
state, G49a; soldiers homes, G
3416a; state institutions, G63a;
state library, G 3354a; taxation,
G830C, 835a
Yacht club, I 583c
Yates, Richard, see Illinois
Young, AUyn A., Transportation and
Commimication, R 345-66
i
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