to be made on the roads and bridges in the town of Ellicott, in the county of Chautauqua.”

The first section of this bill is identical in language with section 4, article 1, title 1, chapter 16, part 1 of the Revised Statutes, which is the general law defining the amount of money that the commissioners of highways in the several towns of the State may call upon the supervisors to cause to be levied in any one year for roads and bridges, except that by the general law the amount is limited to two hundred and fifty dollars, while by this bill it is increased to one thousand dollars in the town of Ellicott. It is simply a change in this one point of the general law, limiting the benefit of the change, if any, to one town in the State.

If this bill sought to provide for a temporary need of the town of Ellicott it would be unnecessary, because, under the provisions of another general law, viz., chapter 615 of the Laws of 1857, commissioners of highways may now cause to be raised seven hundred and fifty dollars in addition to the two hundred and fifty dollars above mentioned, if they obtain the consent of the town meeting to such increase.

The second section of the bill now under consideration provides that chapter 615 of the Laws of 1857 shall still be in force as to the town of Ellicott, so that the result of the bill, if it becomes a law, will be that the commissioners of highways in the town of Ellicott will hereafter exercise greater powers than those conferred on the same class of officers in other towns.

I have little doubt that, with the growing desire and need for improvements in our roads and bridges throughout the State, and especially in view of the large increase in the prices of labor and material which has taken place, the sums provided to be raised by the general laws referred to are, or soon will be, insufficient for the average ordinary expenditures of commissioners of highways in many towns in the State.

But I submit respectfully to the consideration of the Legislature, that the remedy is not to be found in special laws, relieving first one town and then another from the inconvenience, but in an amendment to the existing general laws, so that any town in the State can take advantage of it when necessary. This amendment may be made (if in the judgment of the Legistature it is needed), either to the section of the Revised Statutes to which I have referred, or to chapter 615 of the Laws of 1857. In either case it would meet the object sought to be attained by this particular bill, and would also relieve the Legislature from the consideration of many special applications

hereafter. I have already, in two instances, expressed to the Assembly my views in opposition to unnecessary special legislation, and I need not repeat them. I regret the necessity which compels me to make this communication, but I feel confident it will receive your approval.

JOHN T. HOFFMAN.

ALBANY, March 8, 1869.

TO THE SENATE:

I return, without my signature, a bill entitled "An act to provide for filling vacancies in the office of Justice of the Peace in Lowville, Lewis County," which was passed by the Senate February 16, 1869, and in the Assembly February 24, 1869.

There are general laws (see Revised Statutes and chapter 476 of the Laws of 1859) providing for filling vacancies in the office of justice of the peace throughout the State.

If the general laws are defective the public interest demands that they be amended. The time of the Legislature should not be occupied, nor should the statute books be incumbered, with special acts providing for filling such vacancies in particular towns.

Again: this bill devolves the power of appointment, in case of vacancy, not upon any officers definitely described, but simply upon "the board, as now provided by law." The general laws prescribe that these vacancies shall be filled by warrant, under the hands and seals of certain town officers, or of a majority of them; but these officers are not constituted 66 a board," nor recognized as a "board" for such purpose. I call the attention of the Senate to this inaccuracy in the terms of the bill, because it affords an illustration of the evils of special legislation. Careful examination is not given to such bills, and the result is the frequent enactment of laws not only unnecessary but ill-considered.

The bill also declares, among other things, that after wilful refusal or neglect of duty, for the space of thirty days, by a justice of the peace in Lowville, his office " shall be deemed vacant." It seems to contemplate no trial or investigation. The Constitution provides (article 6, section 17) that a justice can be removed from office only after due notice, and an opportunity of being heard in his defence, by such county, city, or State courts as may be designated by law, for causes to be assigned in the order of removal. Until this legal proceeding be consummated the office cannot, it appears to me, be deemed vacant.

I object to the bill, therefore, not only because it proposes unnecessary special legislation, but because it is, in my judgment, unconstitutional.

JOHN T. HOFFMAN.

ALBANY, March 17, 1869.

TO THE SENATE:

I return, without my signature, a bill entitled "An act to authorize the appointment of a President pro tempore of the Board of Metropolitan Police," which was passed in the Senate March 9, 1869, and in the Assembly March 12, 1869.

By the laws relating to the Metropolitan Police Board, certain specified acts can be performed only by the President of the Board. He has, I am informed, been unable for several months to discharge his duties, and is now absent from the State. To meet the difficulty caused by his sickness and absence, it is necessary that a new President, or a President pro tempore, should be appointed, and to that end this bill has been passed.

There are three commissioners besides the absent President, and it will be perceived, by a reference to the phraseology of the bill, that it requires the unanimous vote of the three, not only for the adoption of a resolution appointing a President pro tempore, but of any resolution whatever.

This is not right. When all the commissioners are present a majority may adopt any resolution. When three only are capable of attending to their duties, the power to defeat a resolution for the appointment of a President pro tempore, or for any other purpose, should not be given to one of them.

The Board can act only by resolution. If this bill becomes a law any one of the three commissioners can prevent any order being made affecting the acts and duties of the superintendent, the transfer or detailment of patrolmen, the appointment of officers when vacancies occur, or the dismissal of members of the force for neglect of duty or misconduct.

The bill does not, therefore, meet the difficulty occasioned by the absence of the President of the Board, by merely providing, as its title indicates, for the appointment of a President pro tempore; but it adds to the embarrassments already existing by placing it in the power of one commissioner to overrule his two associates on

every question, and, in effect, to control and direct (with the aid of the superintendent) the whole machinery and business of the Metropolitan Police Department.

JOHN T. HOFFMAN.

ALBANY, March 23, 1869.

TO THE ASSEMBLY:

I return, without my signature, a bill entitled an " Act to authorize the supervisor of the town of Addison, in the county of Steuben, to borrow money to rebuild bridges in said town, and to pledge the credit of the town for the repayment of the same."

This bill authorizes the supervisors of the town to borrow (without the sanction of the town meeting or the board of supervisors, as is required by the general laws where a less amount is to be borrowed) a sum not to exceed six thousand dollars, for the purpose of building two bridges in said town, and to issue bonds therefor bearing seven per cent. interest.

It directs the board of supervisors to levy the amount necessary to pay the principal and interest of said bonds upon the taxable inhabitants and property of the town.

It seems to have been passed upon the petition of a number of the residents of the town, who represent that the bridges must be rebuilt the ensuing year, and that the expense will be at least five thousand dollars.

It is true that the amount provided for by this bill cannot be raised by a loan in any one year and charged upon the town, under the provisions of any existing general law. It is equally true, however, that a very simple amendment to these general laws would enable the board of supervisors, either with or without the conjoint action of the town meeting, to do precisely what this bill authorizes and directs; or would, in case of a pressing emergency, as hereinafter suggested, enable the town authorities to do the same thing.

The bill, therefore, clearly belongs to that class of special laws to which I have already, on several occasions, interposed my objections, and to which I feel constrained to continue my unyielding opposition. My objections in this case may subject the people of Addison to temporary inconvenience, but it is only under the pressure of such inconvenience that we are likely to secure those amendments to general laws which are demanded by the necessities of the people all over the State.

The policy of the State has been for a long time to leave the whole subject of repairing and building bridges (as well as other local improvements) in the hands of the electors and officers of the towns and supervisors of the counties. This became established policy because of the numerous pressing applications upon the Legislature for special laws. The statute books were filled with these special enactments. General laws were passed to cure the evil, but the wants of the people of the towns having outgrown the provisions of the general statutes, the pressure for special legislation was commenced anew and now continues. The interests of the State require now that all necessary amendments shall be made at once to these general laws, and that special legislation shall be refused (except in very extraordinary cases), however great may be the temporary inconvenience arising from such refusal.

The boards of supervisors are now authorized (see chapter 314 of the Laws of 1838) to cause to be levied whatever sum may be necessary to repair or construct bridges, and to apportion the amount among the several towns of the county, as shall seem to them to be equitable and just. Under this act they probably cannot charge the entire amount (as this special bill proposes) upon a single town.

The boards of supervisors are also permitted (see chapter 194) Laws of 1848) to authorize any town, by a vote of the town meeting, to borrow money not to exceed $4,000 in any one year, for the purpose of building or repairing buildings.

I respectfully call the attention of the Legislature to the fact that an amendment to either of these laws, giving to the boards of supervisors greater discretionary powers, would accomplish for every town in the State, when necessary, all that is sought for the town of Addison by the special bill herewith returned (which is merely to raise by a loan $6,000, instead of $4,000), and all that is attempted to be secured by the great number of special bills introduced at every session of the Legislature.

If it be alleged that there is a pressing necessity for the immediate rebuilding of these bridges, by reason of injuries sustained since the annual town meeting, and since the adjournment of the board of supervisors, I call attention to the fact that provision has been made by another general law for just such emergencies (see chapter 103, Laws of 1858, entitled "An act to provide for the speedy construction of roads and bridges where the same have been damaged or destroyed)." Under this general law the authorities in the town of Addison can rebuild these bridges, and the expense thereof can be levied upon the town. True, the money necessary for the