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idea. It originated with the so-called Tweed minority in the Senate of 1869. It was the way the minority in the Senate, not conspicuous for loyalty to the Federal government or to the interest of the State, endeavored to beat the Fifteenth Amendment to the Constitution, the amendment which provided that the right to vote should not be denied on account of race, color or previous condition of servitude. The Assembly had ratified the amendment; the resolution to submit to the people was introduced in the Senate for the acknowledged purpose of defeating this historic. measure Tweed was able to rally fifteen of the thirty-two Senators to its support. Theresolution was beaten on a vote of seventeen to fifteen; the same fifteen Senators immediately afterwards voting against the ratification of the famous amendment.

From then until today no member of the Legislature of New York, so far as I have been able to learn, has presumed to suggest by resolution offered in that body that its members were unable or unwilling to perform the duties imposed upon them by the oath of office and by the Constitution of the United States of America.

The only precedent for the contemplated action of the present Legislature is the one which I have indicated.

The plan conceived by Tweed and his followers was intended to prevent the enfranchisement of the emancipated negro. It was defeated nearly fifty years ago by the intelligent and law-abiding majority of the Senators of the State of New York.

It is inconceivable to me that the method devised by William M. Tweed to defeat the provisions of the Constitution of the United States or at least for the purpose of avoiding the performance of a plain duty

imposed by that instrument, should be adopted today by the Legislature of New York for the same purpose.

I urge upon the members of your Honorable Body to consider the sacred nature of the oath which every one of you has taken, and the provisions of the Federal Constitution which you have sworn to support.

(Signed) CHARLES S. WHITMAN.

ASKING FAVORABLE ACTION ON LEGISLATION FOR THE USE OF SURPLUS WATERS

STATE OF NEW YORK - EXECUTIVE CHAMBER

To The Legislature:

ALBANY, April 12, 1918.

I call your attention to the provisions of Senate Bill No. 1522, introduced by Senator Sage. This bill which was passed by the Senate with but one dissenting vote, is designed to remove from the barge canal law the restrictions placed upon the power of the Canal Board and upon all other state officers to dispose of the surplus waters now going to waste over the dams constructed by the state at great expense in connection with the improvement of the barge canal system.

This annual waste represents many thousands of dollars in the way of fuel cost. Because of the restrictions contained in Section 16 of the barge canal act it has not been possible heretofore for the authorities of the state to utilize or permit others to utilize this water power. The barge canal now being practically completed, it is, I think, the duty of the Legislature to provide for the beneficial enjoyment of the potential power from which neither the State nor any individual is at present deriving any benefit whatever.

(Signed) CHARLES S. WHITMAN.

TO EXTEND TIME OF MAKING REPORT OF COMMISSION ON PROPOSED CANAL ON LONG ISLAND

STATE OF NEW YORK- EXECUTIVE CHAMBER

To the Assembly:

ALBANY, April 4, 1918.

I return herewith, without my approval, Assembly Bill, Introductory Number 989, Printed Number 1359, entitled,

"An act to amend chapter three hundred and seventeen of the laws of nineteen hundred and seventeen, entitled 'An act in relation to a proposed canal to be constructed by the federal government on Long Island, and making appropriations for expenses in connection therewith,' in relation to time of report to legislature."

The provisions in this bill are exactly the same as those contained in Senate Bill, Introductory Number 830, Printed Number 1003, which was approved on April 3rd, and became Chapter 122 of the Laws of 1918.

(Signed) CHARLES S. WHITMAN.

III

PART II

VETO MEMORANDA

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