The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-01-05

ceved by the during the asoal year ending 30th
from the prison to State, the 3Oh September.
1916 Of $l075 Is, which, added to the
sum makes an aggregate OF STA 80 70 Jhs . whole
S47 $40 500 So leaving balance due to the state
of $ss2 81 There was due from the Auburn prison to
the the Goth Sept e46 being excess Of re-
venue OF tho preceding year over ana ABOVE Inc
the sum Of SIT 79s o. The receipts during tna
year ending s0th September last from oil the sources
we've $50 054 So making an aggregate Of SO 500 80
The expenditures for tue same period we're So3o2o 3o
leaving balance due the state OF S1s227 81
Under the act of the 9Th of May 1916, the House OF
Refuge for juvenile dsiip queos In western New YORK
has been located at the city Of Rochester. building
has been erected and will be- completed the ensuing
spring Early information will be laid before you show
ing expenditures that have already been made and
the aid that will hereafter be required OF the state
For several successive years the Legislature has beer
invoked to touching the relation OF landlord
aad tenant under the leases in psrpetuy or for hfa or
lives for term Of years, not lees than sixty; and
laws have been passed property have been de-
manded by that peculiar condition VI Kings that has not
%sn Il that more than 600 Of
land are still held In this State under these ases coG-
tanning annual reservations Of rent, and IN some In
Of services and quarter Bales and that popu-
aton OF than 260 900 people reside upon the lands
thus held Many of the tenants controverng the titles
landlords dsnysg the validity OF the reservs
lions in the leases have at short intervals for eevera
years. refused to pay rent Associations nave Deen
against what they declare be the unlawful demand
of their landlords Some OF the tenants yielding to the
strong current Of excitement have resisted the execu
Ia wfu measures, high crimes have been committed OF
which the judicial tribunals Of the country have taken
oognzance In all other of similar character
The perpetratora OF violence and crime were not the
only sufferers; the public not discriminating ~ TO per-
sons entertaining the same sentiments as TO the legal
rights Of the tenants have them nl equally
guilty and husdreds Of farmers who had other crime
than that Of believing their landlords could not legally
demand the ps yment Of rents, declared by an
Indignant public be robbers and aseaesins although
immediate vicinity Of these acts OF violence Per
sons have been found who while caeeruy ding their
aid to uforce fhae ton
found the guilty Yet In parts OF the State t"n
these Of violence and in other Ststes the true
condition things has been but ecty understood
not my inten ion in this communication TO CONSIDER
this matter In detail, that harmony Is entirely
among those farmers many men who feel desp IN
sustaining the law, among the same number
Of citizens elsewhere feel mpelled by OF duty
which will permit consideration personal to mysef
deter from dischargng, to ask you to consider
carefully and without prejudice to their rights or the
rights Of the landlords the condition of the people to
whom have referred The history u this tenantry Is
familiar to you and it is me Of wisdom TO judge Of
the future by the past The which has bsen
often toat these not in harmony
with institutions exists logger in speculAtion 1t
has the sanction Of the state
and Is part of its fundamental law II the causes OF
irritation which have at intervals disturbed the peace OF
those parts Of the State whsre those lands stuAted
mitigatcd, 10 there not much reason
to fear that the Of 1911 and 1913 and Of 1899
and lsa5, will again be re.ensctea!
That policy which teaches reliance upon a resort to
the risor Of the criminal law to punish offences that
wise forecast would prevent enforce obedience to
laws which, by judicious modification would enforce
their own execution feel assured will not receive your
sanction IL Is the FIRST duty Of government to enforce
strict observance Of the laws and 20 puoish their M
fraction with mistaken hrmnsss fit should be found
apy time that they adapted to the wal Is
Interests Of the psopls for the government Of whom
they made provided, they should be amended
Dat to Is % ss
rsoter, he they may aGsot individual communi
ties But ths not the only litigation that rests upoa
government willie engaged In enforcing obedence
to laws A high duty devolves upon II to seek out
and remove airy causes of discomfort that may exist
among IT'S people | will suppose 1t pc s,bls that
In bringing this subject to your notes shan BIZ re-
garded giving count.nance to legislation Affecting
that may assume TO affect private rights or impair
or weaken t Q obligation Of contracts. The great
object Of the institution Of government Is the protec
ton of the rights OF sna property and tna go
verRment which tails to accomplish this object Is ut
ery worthless and you do need 20 be informed that
enaotments which seek to disturb or divest private
tive. 1t Is believed that OF the fruitful
dsquietude among these tenants Is the apprehension
their landlords have title to the lands and that
after paying rents and .sing improvements for opg
series Of they by vrtus OF superior title to
that under which they hold be jsoted from thsit
session All persons who held large tracts OF land
sty the facility with which reports ole
the title can be put in circulation, and to the mis-
ohisvous influence OF such reports when unfouuded
This that the title to the lands which
considering is invalid, has brought to the
Legislature, from to time, applications for the pas
sage OF law requiring the landlords, In actions to
be- brought by him against his tenants TO prove he
had good paper title to the lands o. the time the
support Of these sppcsons they have stated and
recly that by the law 1t exists, the tenantry
itself evidence Of the landlords title 30 that while In
possession they committed to evidence OF
its validity and that IL they abandon the lands, they
title to assert in themselves except such as
derived from the defective title OF their landlords which
they are seeking to defeat They also say, and with
equal that the laws their possession
aud that of their ancestors tenants ia which it has
been continued for sufficient number of years.
q title to their landlords as elective against all
claimants other than the government ~ tho most per-
tha,a thuf ha lau In rtfnllar
may be changed My opinions IS to the propri.ty Of
such legislation early Ornlsd aud fully expressed
that Of Representative of highly mt constitu
ENJOY the popular branch Of the Legislature OF this
State.
In the absence Of laws governing the acquisition Of
property there could be titles and he VINO requires
title property in any OF the ways known to the laws
at the time acquisition is entitled to be protected
ia Its enjoyment anu action OF the government can
dvest HIM Of his interest except the exercise o that ex
traordnsry attribute OF sovereignty known ~ the right
Of eminent domain, by which private property Ia taken
for public It Therefore follows that he who hes ao
Qued title land by having been in possession by him
self by holding under him tenants for such
term years the laws Of their country declare shall
work tite is just much entitled to be protected 10
its enjoyment vs. he who enabled to trace his paper
title TO the Legislation, which be
subjected to the suspicion Of assuming to weaken or i'm
pair however slightly the title to lands cannot be TOO
carefully avoided and ns smuch that which Ia sought
by the tenants In this respect is obnoxious to That
change and would be wholly imperative, have net
been able to bring myself to It's support The oojct
obtained by the tenants tbs OF the
title OF their landlord and this have ample to
Ell, without offending in the smssct particular against
that govern the rights Of property or ssApst
thoss obligations which this state has so often
in where IL hss had the legal titles 10
lands in which others we're .Quitsby interested 10
actions be brouaht by the state involving the TIE
lands the obstacles tnat are thrown In the way oil
private persons in it's would not be enoon
tered and the Indication would be entirely concu-
sys and should and 1t Is believed would be entirely
thfactory to the tenants II an action or actions OF
should brought by the state In suoh cose
OF cases you may by your wisdom prescribe and be
fairly tried, the State will have discharged duty,
the subject the interest well Of the landlords
a. of those holding under them In the character Of ten
ants and purchasers 1t 10 difficult to understand why
the sensitive holders OF large tracts Of land should
feel alarmed at the prospect Of such action the part Of
the government The confirmation Of their titles
not is TO render essential service in asyng irritation
and di.quietude and hence increasing the value and
productiveness Of their lands and am quite sure IL
viii not be supposed that the State will engage Ia such