The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-02

iatufc 10 determine what should be done.
In my Message elurnlns 10 the Assembly the bin
entitled AN act 10 se;urc better local
the city OF New York" stated that, IN my opinion
TIE great want OF the Guy WAS cnartcr.
am sii'l OF the opinion that the only eiectuai
remedy Tor the evils under which the city suasrs viii
be careful aud vol charter Ia the nature
ola constitution. ORGANIZING local government with
strons and responsible executive head; with city
legislature COMPOSED Of two houses and clorhei with
all Tho powers Of local legislation, subject 10
veto by the Mayor believe that such
charter may be easily framed, although II would
be out Of place 70 attempt 10 set lor'h The details
OF |; ~ this Message When once fuy and
fairly considered and adopted, II IA believed
that The advantages OF II would DO so apparent TO
induce steady adhcrancc TO H. and to tho local govern
ment established under II rather than ~ return TO the
dangerous experiment vi passing local laws for the city
OF New York by members OF the Legislature, three
iourths OF whom know little the wants OF the city
In the meantime, II the Legislature shall adopt any
measures relating to the cay which promise real aud
substantial relief rom its extrnvaeant expenses and
oppressive iuxatop and Tree from The evis which have
marred SO many previous acIs, they will meet my
cordial approval
nARBoR MASTERS PORT wARDExs.
The large amount annually paid to harbor m astcrs
ana port wardcns in New York is direct tax upon
the commerce OF that port IL has been suggested to
me by many persons engaged In the shipping trade
that all the services required by those officers might
easily be performed by the police oil the city or
through the Dock Depart mcnt without any material
Increase OF expense to the city and lhus exempt COM
morcc from the heavy Tax Low imposed upon II. ain
Informed that Now York Is the only port where sucn
charges made that nothing OF tho KIND is known
IN any OF the cities when nssume to I've her CONNER
cal rivals 1t l., moreover quite doubtful whether
undor the recent decisions OF the supreme Court OF
tho United Sthes
submit the matter TO your considerations.
ExclsE LAWS
Tho state of our Excise laws seems TO demand nt-
tcnton. Recently our highcft court called III on,
IL caso brought before II, 10 declare what tho con
dions arc under which LICENSES to sell spiris IN
small quantities may be granted It's conclusion was
contrary 10 The construction under which the officials
administering tho law had acted, generally by legal
advice Tor sonc years past IL may DO said the pro-
visions IN iorco were found not TO be such tie
pubic generally had supposed thein 10 be. The pans
taken by the coar In discussing The question proves
that II was some IN rlcacy. The DOUBT was due
10 there being TOO many laws on tho subject Ia lorco
at the same time, and the necessity OF
sorting To older statutes 10 order TO pd Inc meaning OF
more recent cnact and OF deciding where Tie
Old and the new law conf ctcd to " hat extent
repeating clauses operated H. under such circum.
stances, dealers erred IN construug tncr privileges
II would not be Just to hold them 10 penalties Tor
wiliul violation oil law. The Leg Stature is bound to
mako ITS cnactmcnts explicit aud easy to be under
stood. Tue decision OF the Court, although undouDt
cdly correct was surprise, and caused much excite
ment among MI Interested. Its enforcement, no
doubt WAS accompanied 81 hardships. What Is
needed Is to substitute for all existing laws on the
limitations aud restraints, clear and explicit IN all us
PROVISIONS, and, above nt complete IN Itself, to be
uniformly, steadily and constantly enforced.
REINFORCEMENT.
Among the duties devolved upon tho Legislature by
the constitution will be the tue Sem
ac and Assembly districts Sections 1 ana oil article
OF tho constitution expressly Charge the Legislature
after each census, to adjust these districts that
they shall contain, as may be- au equal num-
Der OF inhabitants. From the beginning TO the opd of
tho constitution there Is no stronger placed
upon the ure than this IL Involves The most
important right OF tho people under our form OF gov
crnment-ther voice IN the Legislative halls. by The
Of the constitution tins duty should have been
IN that or the succeeding year. l do not de-
sire characterize thus past disregard OF tho
command Of our highest iaw. l assume that tho
present Legislature VIII observe lis oath 10 support
The To adjust these districts according
tho return OF the CENSUS Is matter OIL mere mathe-
matcal calculation. II Is easy OF complishment II
approached, US presume II VIII be. In TAR aud i'm
partial spirit Certainly Nc cannot expect that the
people viii long continue 10 observe tho ordinary
strict ons and requirements OF statute law II their rep
rescntaves who mako that law utterly disregard and
DEFY the especial nj indatcs OF tho constitution they
have solemnly sworn 10 support
LIFE INSURANCE. COMPANIES AND SAVINGS BANKS
Lilo insurance rs comparatively new 10 this country
having been ttlc known until within tn, last thirty
years. Tue companies first organized to transact It
had TO follow an unrodden pain aud to correct
along us their methods Improved their business and
usefulness Increased. Tncy aow distribute many
Jority OF whom would otherwise be lett destitute.
Sucn organizations, well managed, arc vi
inestimaoie oeneut 10 the community aud do
serve I'LL necdful legislative support and protection
From time 10 limo laws have been passed Tor
tual protection OF insurer and insured Some oi them
have been extensively followed IN other States IL
cannot DO claimed t5at their operation has been
nently successful In some respects they have
worked positive harm. Although II detailed review OF
the subject Is lar without tho scope OF this Message
IL is proper 10 instance the section OF our staute
curing tho deposit by every insurance company
chartered III our state, aud oil Others not ing a
similar deposit In their own Stacs, OF 500, 600 IN
curitics ms condition precedent 10 the transaction of
bus ness. Several other States have added ~ their
laws requirement. that companies chartered III this
State should also deposit specified amount OF securi
ties with their depar; nicnts before doing business
those states TINS Las already resulted IN hardship
The moneys deposited other states Completely
beyond the conlroi Of tho com any which owns them,
our department when supervises u auc the jursdc-
ton OF State courts. perfectly solvent company
may find itself embarrassed by tho increasing calls
upon II Ior heavy deposits oil securities In other
States II would seem that unGs thus hey ond the
jurisdiction OF our state ought not ID tie accredited
and certified by our department. Again, great iHjus-
ce often attends the Winning up Of insolvcnt compa
MICS. and much OF u Is due 70 tho thoory OF tho
law applicable 10 that subject. AS would be
properly prescribed Tor couinc rcial bankrupt If
tho reserve OF an insurance company becomes i'm
paired, tho law directs tho superintendent OF the nsur-
ance Department, tho Attorney General aud tho
courts, to wind up and distribute ITS assets THIS
rule Is unjust TO ihoso policyhoders whose ncaiih
hus iaed aud who are, therefore, unable 10 procure
insurance elsewhere anu also 10 those Who by
OF advanced age eau only secure insurance At IN
creased cost think some more equitable plan of
dissolution might be devised Tor such cases. II ~
now tho practice upon the application oil the Attorney
General when called upon ny tho superintendent
to place the affairs OF lDsovcnt companies IN
the hands OF receiver, VINO, at great exI cnse Of
time aud money ana with nvar,abIe loss 10 those IN
terested, winds up It's affairs. II may we'll asked
this would not DO better and chcaply done
by placing tho affairs OF such companies the hands
of other lie Insurance. tr trust companies OF high
character and OF known and approved rcspons biity
rather than In the hands vi receivers, Who arc
strangers 10 the practical methods OF managing this
Akin to tho business OF lie insurance 10 many re-
spects Is that OF SAVINGS banks These Institutions
hold IN trust the little treasures OF tho poor Upon
their soundness and honest management depends
much o thai public confidence essential 10 the busi-
OF the country. Numerous failures among thcso
banks havo brought heavy losses upon those III able
TO bear IT, and stripped many OF their entire savings
All that have SAID OF the insolvency Of lie insurance
companies Is as well applicable to The closing OF
SAVINGS banks.
l urge the Legislature to tako strict account OF
these two classes OF nduciary corporations. Their
valt d
that they may be treated together. The State which
chartered them has right to say thoy shall 10 iath
luI 10 those who trust them. TO that end II should
hold them to a strict accountability. II Is lament
able ac that many organizations In botn these great
lines OF business nave been found utterly unworthy
OF trust during inc past low years. Lilo Insurance
companies have engaged In reckless competition,
paying oxcrbitant commissions and investing IN
costly buildings and equipments. Savings banks, not
content with ming Their proper sphere custodans
Of small savings have sought TO exten nd their business
by obtaining deposits OF large amount course
which deprecated In my last Message. They, too,
have boon guilty OF improper extravaganza OF man