at the time of induction into such service, served within the period of actual warfare in the world war in the military or naval service of any nation assoIciated with the United States in such war and has received an honorable discharge or relief from such service; but shall not include any person who refused so to serve after a final decision of the proper military authorities requiring such service.

(b) The phrase "disabled veteran," when used in this section, shall mean and include any veteran who has lost, or been totally disabled in, a hand, foot, arms, leg, shoulder, hip, eye or ear, or who sustained injuries that subsequently proved the direct cause of such loss or total disability or who sustained injury to any organ or member sufficient to destroy or permanently impair the function thereof or who suffered injury or illness directly causing a permanent and serious impairment of health; and who has received therefor a disability rating from the government of the United States or from any such associated nation. The state department of health shall determine and certify to such disability; except that in the service of the city of New York the municipal civil service commission shall determine such disability.

(c) Every disabled veteran shall be entitled to preference in original appointment without regard to his standing on any list from which such appointment may be made, to all competitive positions in the civil service of the state and the civil divisions thereof, provided his qualifications and fitness shall have been ascertained as provided in this chapter and the rules and regulations made in pursuance thereof; and a person so preferred shall not be disqualified from holding any position in such service on account of his age or disability, provided such age or disability does not render him incompetent to perform the duties of the position.

(d) Every veteran shall be entitled to preference in original appointment to all competitive positions in the civil service of the state and the civil divisions thereof over all other persons eligible for such appointment and standing on the list therefor with a rating equal to that of such veteran. Every veteran shall be entitled to preference in appointment to all positions classified in the labor class in cities without regard to their standing on any such list, provided, however, that disabled veterans shall be preferred over all others on such list.

(e) In all examinations for original appointment to any competitive position in the state service or in the civil divisions thereof, veterans shall receive additional credits for personal merit, as shown by military training and experience. The civil service commission, by proper rule or regulation, shall fix the comparative ratings to be given to veterans. The weight to be given to personal merit in no case shall exceed twenty per centum of the total weights of the examination.

§ 2. This act shall take effect immediately.

Approved May 12.

3

Chapter 712.

An Act to amend the general business law, in relation to contracts for monopoly, and to provide for the protection of consumers.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section three hundred forty, of article twenty-two of chapter twenty-five of the laws of nineteen hundred and nine, entitled "An act relating to general business, constituting chapter twenty of the consolidated laws," is hereby amended as to form and also amended to read as follows: § 340. Contracts for monopoly illegal and void. Every contract, agreement, arrangement or combination whereby

A monopoly in the manufacture, production or sale in this state of any article or product used in the conduct of trade, commerce or manufacture or of any article or commodity of common use is or may be created, established or maintained, or whereby

Competition in this state in the supply or price of any such article, product or commodity is or may be restrained or prevented, or whereby

For the purpose of creating, establishing or maintaining a monopoly within this state of the manufacture, production or sale of any such article, product or commodity, the free pursuit in this state of any lawful business, trade or occupation is or may be restricted or prevented, is hereby declared to be against public policy, illegal and void.

The provisions of this article shall not apply to cooperative associations, corporate or otherwise, of farmers, gardeners, or dairymen, including live stock farmers and fruit growers, nor to contracts, agreements or arrangements made by such associations.

§ 2. This act shall take effect immediately. Approved May 13.

Chapter 713.

An Act to amend the education law, in relation to the retirement from active service of employees of boards of education, other than superintendents and teachers, in cities having a population of one hundred thousand or

more.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section eight hundred and seventy-two-a of chapter twenty-one of the laws of nineteen hundred and nine, entitled "An act relating to education, constituting chapter sixteen of the consolidated laws," as amended by chapter one hundred and forty of the laws of nineteen hundred and ten, as said section was added by chapter four hundred and ninety-six of the laws of nineteen hundred and eighteen and amended by chapter five hundred of the laws of nineteen hundred and twenty, is hereby amended to read as follows:

§ 872-a. Retirement of employees of board of education. The board of education in a city having a population of one hundred thousand or more shall have power to establish a retirement system for all civil employees permanently employed by said board other than superintendents and teachers

who may now be retired under the provisions of other retirement laws. The board of education of such city shall adopt appropriate rules and regulations for the government, management and control of the retirement of said employees. Before they become effective such rules and regulations must be approved by the board of estimate and apportionment in a city having such body, and in a city not having such body by the common council or such other officers or bodies as have the management and control of financial affairs similar to that exercised by such board of estimate and apportionment. The board of estimate and apportionment in a city having such body, and in other cities the officers or bodies performing the functions similar to those of a board of estimate and apportionment, shall appropriate annually the sum necessary to pay the expenses of the administration of this act and to also pay such pensions to the employees herein described a they shall be entitled to receive annually under the rules and regulations prescribed by the board of education and approved by the said board of estimate and apportionment or other authorities. The rules and regulations prescribed by the board of education and approved by the board of estimate and apportionment or other authorities named herein shall provide for the annual payment of a pension which shall be a per centum of the average annual personal compensation of an employee for the [ten] five years of service immediately preceding his retirement.

Provided however that in a city having a population of one million or over and having a teachers' retirement board the rules and regulations to be established pursuant to this act shall be adopted as follows:

Within thirty days after the passage of this act the board of education of said city shall adopt and submit such rules and regulations to said teachers' retirement board for approval. Said teachers' retirement board shall within thirty days after the submission to it of such rules and regulations transmit to said board of education a statement in writing setting forth which of such rules and regulations it approves and which of such rules and regulations it disapproves if any and the reasons for such disapproval. If said teachers' retirement board shall approve of all of such rules and regulations then such rules and regulations shall immediately become effective and in full force and operation.

If said teachers' retirement board shall disapprove of all or any of such rules and regulations and if said board of education and said teachers' retirement board within thirty days thereafter shall fail to agree upon rules and regulations in place of the rules and regulations so disapproved, then the rules and regulations shall be submitted by said board of education within ten days after the lapse of said thirty days to the commissioner of education of the State of New York who shall have full power to approve, alter or modify the rules and regulations disapproved by said teachers' retirement board, and the action of the commissioner of education shall be final, and thereupon the rules and regulations approved by said teachers' retirement board and the rules and regulations as approved, altered or modified by the commissioner of education shall immediately become effective and in full force and operation.

Should said teachers' retirement board fail either to approve or to disapprove all or any of such rules and regulations submitted to it as herein provided, then such rules and regulations not approved or not disapproved

shall at the expiration of the thirty days immediately following their submission to said teachers' retirement board be deemed to have been approved by said teachers' retirement board and such rules and regulations shall immediately become effective and in full force and operation. Changes, alterations, amendments or modifications in the rules and regulations shall be adopted in the same manner as is provided herein for the adoption of the original rules and regulations.

The board of estimate and apportionment in a city having such body, and in other cities the officers or bodies performing functions similar to those of the board of estimate and apportionment, are hereby authorized and required to direct the issue of special revenue bonds for the purpose of providing such funds as may be necessary for the year nineteen hundred and twenty-one to pay the expenses of the administration of the retirement system authorized by this act and to make effective the rules and regula tions adopted as aforesaid, notwithstanding any provisions to the contrary contained in the charter of such city or in any act relating to such city or in any general, special, or local act; and thereafter the financial authorities of said city shall appropriate annually the moneys that may be necessary to pay the expenses of the administration of the retirement system and to carry out and make effective the rules and regulations relating to the retirement system established by authority of this act.

§ 2. This act shall take effect immediately.

Approved May 13.