but the future use of them. It might, therefore, prevent the free and lawful use of property by the owners thereof. An Act to incorporate Clyde Water Works Company. NOT APPROVED-Section 5 authorizes "the corporation hereby created," ,"" to take, hold, and sell the bonds and securities of said village or of any other corporation;" it was obviously not the intention of the Legislature to confer such broad powers upon a water works company. An Act to facilitate the construction of railroads in the counties of Allegany, Cattaraugus, Monroe, and Wyoming, and to authorize the towns therein to subscribe to the capital stock thereof. NOT APPROVED-On May 18, 1869, I signed the general law providing for the Bonding of Towns, &c., for Railroad Purposes, which is carefully drawn and well guarded. The objects of this bill can be attained under the General Law. Special acts for such purposes are no longer necessary. An Act to authorize Smith and Parmelee Gold Company to issue a preferred stock. NOT APPROVED The bill provides for the conversion of the whole or any portion of the stock of the company into a preferred stock, upon the consent of a majority of its stockholders. It does not protect the rights of the minority, as no stockholder can convert his stock unless he elects within twenty days after service of a notice personally or by mail. No stockholder should be deprived of rights or property, by the mere depositing in the post-office of a notice directed to him. An Act to restore the channel of the Oswego river, at the city of Oswego, to its capacity before the enlargement of the Oswego canal. NOT APPROVED - No obligation exists on the part of the State to do the work contemplated by the bill, and the State Engineer reports, after examination, that it would involve a large expenditure for which the State would receive no benefit. An Act to raise money to build a bridge in the town of Carrol, Chatauqua county, N. Y. NOT APPROVED The bill fixes not only the maximum but the minimum expenditures of the Highway Commissioners. The object of the bill can now be attained under General Law of 1869, enlarging powers of Boards of Supervisors. An Act to amend "An act to confer additional power upon the Metropolitan Police, relating to the inspection of steam boilers," passed April 9, 1862. NOT APPROVED Policemen who are relieved from patrol duty are detailed for the special work referred to in this bill. It is much easier than patrol duty, and, like all detailed positions, much sought after on that account. The Commissioners have not suggested extra compensation, and there is nothing to justify it. An Act prohibiting the Board of Commissioners of Excise, in the counties of Allegany and Cattaraugus, from granting licenses to sell strong and spirituous liquors and wines upon the Allegany and Cattaraugus Indian reservations, in this State. NOT APPROVED-The selling or giving of liquor to an Indian is now forbidden by law (chap. 420, Laws of 1849). To the white people within the district, the same laws should be applied as in other parts of the State. An Act to authorize the Mill Brook Log Company to improve Mill Brook, in the county of Warren, leading from Lake Pharaoh to Schroon lake, by the erection of dams and otherwise, and to provide for appointing appraisers to appraise the damages that may accrue to land-owners along said stream, on account of the use of and running of logs by said company. NOT APPROVED-Mode of appointing commissioners for assessing and determining damages unconstitutional. An Act to incorporate the Fifth Avenue Savings Bank of New York. NOT APPROVED · Section 3 omits to define the number of trustees who shall constitute a quorum; the omission is in the printed bill also, and it must have passed in that shape. An Act to amend chapter 350 of the Laws of 1862, being an act entitled "An act authorizing the Supervisor of the town of Hempstead, in Queens county, to call a special town meeting, to determine by ballot whether the public lands of said town, called the Hempstead Plains, shall be sold or not," passed April 19, 1862. NOT APPROVED There are several thousand acres of Hempstead Plains which the amended bill declares shall be sold in " one parcel." I do not believe the amendment is calculated to secure a fair sale. The reverse is pretty certain. An Act to authorize the commissioners of highways to construct bridges in the town of Ellisburgh, county of Jefferson, and to levy tax for that purpose. NOT APPROVED - Provided for by general laws. Town meeting may levy $1,250 for the purpose in any year. Board of supervisors may authorize any town to borrow $4,000 for same purpose. If the sum required be larger than this, the commissioners should not be authorized to borrow without consent of superior authorities, nor the supervisors directed to levy what the commissioners choose to borrow, as this bill provides. No limit is imposed by the bill. An Act to authorize the New York River Road Company to construct certain railroads in the city and county of New York and across the Harlem River. NOT APPROVED - Amendments to this bill were made in the Senate, and it was sent to the Assembly for their concurrence therein Some members of the House inform me that the Assembly did not thereafter act on it. The Clerk thinks it did not. The Assembly journal, nevertheless, shows concurrence; after which the bill should have been sent to the Senate to be signed by the President thereof. The usual message in such cases from the Assembly to the Senate is not found with the bill, and the Senate journal does not show that the bill was returned to it. In case of its return, the bill would have been sent by the Senate Clerk to the President of the Senate to be signed, whereas the Journal Clerk of the Assembly admits that he took it directly to the President of the Senate and obtained his signature; he must have done so by managing to place it among the bills then regularly before him from the Senate. This was irregular and contrary to positive orders from the Lieutenant-Governor and the Clerk of the Senate. The Assembly Journal Clerk could have had no motive for carrying the bill himself to the President of the Senate, if, by regular action of the two houses, it had been properly on its way to that officer. The Senate's journal is, no doubt, correct. The bill was not returned, as it should have been, to the Senate, and I decline to sign it. JOHN T. HOFFMAN. ANNUAL MESSAGE. TO THE LEGISLATURE: EXECUTIVE CHAMBER, ALBANY, January 4, 1870. } By the Constitution, the Governor is required "to communicate, by message, to the Legislature, at every session, the condition of the State, and recommend such matters to them as he shall judge expedient." I proceed to discharge this duty. STATE DEBT. The total net amount of the State debt was, on the 30th of September, 1868, thirty-eight millions, eight hundred and sixty-four thousand, four hundred and forty-eight dollars and seventy-four cents......... $38,864,448 74 It was, on the 30th of September, 1869, thirty-four millions, eight hundred and forty-eight thousand, thirty-five dollars and seventy-three cents 34,848,035 73 Reduction during the year, four millions, sixteen thousand, four hundred and thirteen dollars and one cent. Of this debt, there was in existence before the late seven cents........ $4,016,413 01 $12,725,210 96 22,122,824 77 The Sinking Funds, at their present rate of application, will extinguish the entire State indebtedness within eight years. INTEREST ON THE STATE DEBT. I recommend that provision be made for the payment in coin, or its equivalent, of the interest on that portion of the State debt which was incurred before the late war, and of the principal thereof as it matures. It was contracted in specie, and the honor and good faith of the State forbid that either interest or principal should be paid in a depreciated currency. Failure to pay this interest in gold occurred first in 1863, and has continued to this time. This failure was bad faith and bad policy. The State has for seven years been repudiating a portion of its obligations, and I trust you will take prompt measures to save it from further dishonor. The Bounty Fund Debt was contracted in our present currency, and the holders of the bonds claim nothing more than payment in the same. RECEIPTS AND PAYMENTS OF THE STATE TREASURY, During the LAST FISCAL YEAR, ON ACCOUNT OF ALL THE FUNDS, EXCEPT THE CANAL AND FREE SCHOOL FUNDS. Balance in treasury on the 30th of September, 1868, seven hundred and forty-eight thousand five hundred and twenty-one dollars and fortyone cents....... Receipts of the year, seventeen millions forty-five thousand eight hundred and twenty-six dollars and forty-four cents.. ...... Payments of the year, seventeen millions, five hundred and thirty-two thousand, four hundred and thirty-five dollars and sixty-eight Balance in the treasury on the 30th of September, 1869, two hundred and sixty-one thousand nine hundred and twelve dollars and seventeen cents $748,521 41 17,045,826 44 $17,794,347 85 17,532,435 68 $261,912 17 |