davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1902-01-02
THE NATIONAL GUARD.

The National Guard Of the State OF New-Yors
is in excellent condition and the discipline is all
that could be desired. II should continue TO be
tie policy Of the State to be as liberal as is
essary for the proper maintenance OF this i'm
portant arm Of the States service. The estimate
and recommendations are OF such a character
that I can commend them to your favorable
consideration
\ recent decision Of the Court Of Appeals in
the case of an officer who was virtually deposed
from his rank by order issued by my prede-
cessor brings up an important subject for con-
sideratiOn by the legislature. Il has always
been supposed that the COmmander-in-c chief had
power TO take such official cognizance Of the
acts OF the National Guard and it's officers as
would put him in possession OF the facts, and
upon these findings determine what his action
should be. The Court of Appeals has practically
decided that the judiciary can interfere as 70
the findings Of court OF inquiry and set aside
the decision OF the Governor. This will take
away from the National Guard the discipline
which is necessary and essential 20 wise
military administration. This is to De regretted,
because its continuance may lead 20 COmDliCa-
tions and 10 the virtual destruction of all mill
tary discipline
therefore recommend that tins suhieC-
Ceive your careful consideration and that such
amendments as may he necessary TO our Mill
tary Code be adopted by the legislature as vii
provide for the proper appearance Of the
cuSed before all military courts. either in person
or by attorney. and that the findings OF such
court when approved by the COmmander-in-chief
shall be final
New-York tribune., 1902-01-02
TUBERCULOSIS HOSPITAL.

The commission designated by the legislature
has selected a site. and work upon this impor-
tsnt undertaking will be begun in the spring.
\ tender Of land by the Honorable LUcius \.
Littauer was received and declined because OF
the insuffciency Of the land offered.
Perhaps work Yet undertaken by the State
presents so many serious aspects as does this.
II has been estimated that there are 5000 per-
sons in the State Of New-York who are afflicted
with tuberculosis II is our duty, Of course. 70
furnish every protection possible for the health
and happiness Of our citizens. This departure,
however, may lead 10 the establishment Of other
institutions, for which the State may be called
upon to provide and for which there may oe
the same claim advanced as by those VINO are
stricken with this terrible sCOurge.
y policy should therefore he defined. Hope
less cases should not be received, and every To-
caiity should be interested 10 the extent OF pre-
Venting the admission of such incurahleS 10 the
hospital This can only he done when eacn
locality is interested through the expense which
IL may incur in the treatment Of these cases.
The policy of the State. therefore. should he 10
provide aCcOmmOda tiOns and 20 assess upon
each county the actual cost tOr maintaining
each patient from such locality. and II Snout1
be so enunCiated by the Legislature This would
prevent the bringing into the hospital incur
ahleS and the creation thereby of an excessive
tax. which could not be justified.
a proper physical certificate should ee pro-
vided for and the power To designate competent
physicians for this purpose in each county
should he placed in the Board of Supervisors or
ommendation is hereby made for such lesisla-
New-York tribune., 1902-01-02
STA TIE PRISONS.

The prisons throughout the State are of an ola
and antiquated character. Sing Sing priso, is
positively dangerous both to health and In tho
event OF fire. to the lives Of the prisoners The
dividing walls between cells taking up valuable
space should be removed and steel substituted
This could be done gradually by the work Of tho
oonVicts appropriations being made yearly for
this purpose. Existing conditions should he
remedied as soon as possible. New-York cannot
afford to maintain prisons as at present and
Soripei prisoners to eat in their cells. which are
foul and unhealthy. 60
The care of the insane criminals sbo,Id raoaf
consideration, because the maintenance of tu,C
such prisons namely at Matteawan and Danne
mora. should no longer be continued. The Dan
nernora site could be used TO better advanta ga
than Tor the care of insane criminals The ne1.
capita expense at both of these institutions ic
TOO great, and they are too elaborate for Grim
lnals. This department should he placed under
the control OF the State Commission in Iunacy
because II could be managed much more eco
nomically than at present There should he NO
further appropria tions for the hospital AT Dsn
nemora because the difficulty in reachIn1 II Inv,
rail renders the cost of maintenance too bipb
Such additions as may be needed in the fut1ra
should be made at Matteawan. where facilities
for transportation and of access make A.
much more desirable than Dannemora
The Napanoch prison is situated as 10 mako
It's administration most expensive, and is a
monument to the folly of those who designed it.
New-York tribune., 1902-01-02
DEATH or TIE PRESIDENT

Inc untimely death of our Presidert .,,. A.
anger OF our people against TEACHINGS ,,b,cb
nave 10 place IN our form OF government have
suggested various methods of dealing both with
the press ana incendiary utterances Tho fra
don or the press should be preserved ir,.,o,o+,
because upon 1t depends the strans,,1 - -.
institutions Any restriction which in the b,rd
OF the INSCRIPTIONS could be used fo, ,,o., ,
~ " P3I liSil erect or which might in anv Wv.
' 80 WIN the constitutional prerogatiye Of
expressing approval or disapprovaI w0uId 6e -
serious blow To our country The naorIS- ~ u pe d
11,;,or ~ an ,ru ~ 10 repui'e in the most positive
manner all unreasonable attacks unon ajth.
our institutions or public men Tbnen t vLtiieI
ullerdhces nave tendency to incIta 10 die,-3 =
OF or murder should be punished. The acts Of botb
newspapers and individuals should bo 49, Do1 II II
chargeable to them. and such amandr,arnt - ~ ~.
me me laws as may be necessary 10 reach ali
oHenders. either through more evnoditi al or
trial or by broadening their scope VIII @ US
10 De warranted ard justified and is recon-
The dignity with which o,,r ro.,,
awful responsibility of dealing with the si .lie
OF President Mckinley and the snaed,. assassin assassin
sIrt 49, 81 ouI 20 MN but evidences our re
alScI Tor the law. While perhaps the bloy-
which was aimed by this anarcbi.tie go o"
against our institutions renders f. iy,nara ~, nv
lnat our punishment for attemDts a, ,,,,,,L -
should be the more severe IL is die5c',+ H!ui uer
no" We can reach the case, exceDt h1, - - ~, SO, So
an aIHehuHent TO the code. An attempt at murder
so 1ar as the person making such an assa'-it -
concerned only lacks the actual deaTb 90 bi -
@ nietiin TO make his crime complete and rho
Si"ulu therefore be dependent not
tent "' "P'i' the IN
me ann of our laws is both to repress crir,o
anu anu 20 make Its commission a terror To eviI
uoeis. @ IL is apparent, therefore. that the vio
tent attack upon the life of any citizen v.itb r.
intent to Kill should have a greater maximum
penalty than Is now provided If the assassir
or our late President had been calIed mno, 80
face a charge for attempt to rnurder ~ - - -
fence e coud not have exceeded ten years with q
Commutatlon of about three years for good ~
naVlor. In my opinion this maximum shonId
Oe extended so as to make the law read NOT
more than twenty-five years. This UouId nor
mt mt the court to exercise discretion and wouId
be more effective than the penalty now. ~,
New-York tribune., 1902-01-02
GAME SEIZURES.

The seizure of a large amount of game in cold
storage during the past summer and the pos
sible conflict Of laws with those governing
commerce between the States brings up the
question whether while aiming to preserve our
game, we should not also protect the innocent
purchaser thereof The provision against pos
session Of game by individual or a corpora
uon after the closed season begins is proper
But II seems that II system of bonding for
SLch game as may remain in possession of a
dealer at the close of the open season were DrO-
Nided for, we should do more for its rro-
lection than by any attempt to ferret out and
destroy IT under conditions that are at least
questionable
would recommend that authority he given
the Forest. Fish and Game Commission In Tins
BOND dealers and warehousemen. This would
serve two purposes. IL would protect those
who are honest and who do not desire the a.
Structlon OF their property. and II would bring
about voluntary recognition of our laws The
peraltles against killing Of season could
then be more strictly enforced. There wouId
be no claim made that the supply came from
outside, because no one would care 10 rup tba
risk of seizure and the expenses incident 10 tha
trlal IN attempting to establish this fact and
the duties OF game protectors would TINS he
come simpler and the laws easier OF enforce
ment. 'O
New-York tribune., 1902-01-02
RECEIFERSHIPS.

In a COmmunfcat ton 10 the legislature OF 1901
l directed attention to the excessive fees charged
! for the collection of the inheritance Transfer
tax The Controller reports 10 NE that the
amendments to the law which followed my
recommendation have affected saving TO the
State of $4,000 in the administration OF TINS lni
portant part of his work This sum VIII %
greatly Increased when the law is in fun opera
tion
Another very serious draw back TO the admin
istration of our laws is that affecting the IN
solvency of public quasi-public institutions
Many instances can be cited where, If the asseS
OF such corporations had been promptly admin
lstered at the lowest possible expenditure tley ty
would have been sufficient TO have repaid IN Iul.
the creditors and stockholders Particular! "a =
this true of banks. insurance companies anu
railroads The federal statutes provide m IN
case of national banks that possession shaH us
taken by the Controller of the Currency az ~
thdt the right To such possession SnaI hVS y, -
dependent upon the ability Of the ContrOIisL, -,
department TO bring about receiVefS"P
through the action of the courts.
Inc result has been that in many cases pSIiA s
Which II otherwise administered Wouid ,s HH
PAID but a small percentage 10 their stOcAuoI-
ers and depositors have been able TO FeSil.. ~.
business or have gone into liquidation ana a., us
trlbuted percentage that has been satlsIacy,,S ~
ne depositOrs in our banKs and the Poia.s
noluerS OF the insurance companies OF our 1rhsre
number into the hundreds of thousands 80
Is, therefore, nothing more important thah - -
a careful watch shouu be exercised over InsS NJ
institutions. They should be placed entireIy ~.
der the control of the State Banking ana Ins- In5
ance departments and our laws should De me- -
TO conform TO the federal statutes reIauns
national banks.
am satisfied that excessive charges have peeh
made by attorneys in the settlement OF tEtIa the
f&lTS OF such insOlvent corporations, anu nt W.
receivers are Curbed by legislative ehdO s,-s ss-
as to their charges vet their expenditures hsa ~
hut very little in the total expenditures 10 t,,rs
hQuldation OF such corporations As an ai-a-srt
of Frfrr1Sr
system OF receiverships. IL may be sts.e st.,i,n Of
the total expenses involved in the h9uiua'
New-York tribune., 1902-01-02

poses were utilized at small expense il would
be sufficient to provide for the increase in popu-
laton for the next two years, and thus efect
a saving Of at least S400.00O more during that
period. Aside from these features, am or the
opinion that the county in which the patient
resides should be made party to the proceed
lngs before admission to any of our asylums
and that notice should be served VI on the at
torney representing the institution in which
II is sought to have him committed. who shall
have power to examine into the facts. both as
TO the sanity and the ability of the alleged in
sane person or his relatives to REIN burse the
State, and that admission to a State institu-
tion should not be permitted until the local
authorities have demonstrated to the satSfac-
tion of the court, first, that the alleged insane
person should be confined, and second that he
Is without means of support
This would accomplish two purposes: 1t
would prevent the admission of those who are
harmessly insane and the evadinE of respon-
sblity for their care by interested parties. The
burden of proof would then be transferred to
the local authorities who in possession of
the circumstances and facts surrounding each
case, and would prevent the present unsatis-
factory OK parte examination.
l recommend, therefore. that for the boards OF
managers there be substituted a visiting board
for each district. 20 be appointed by the Gov
ernor annually. and 10 report 10 him: that the
powers now vested in the present boards of man
ayers be lodged in the state Commission in
Lunacy. thus centraliZing all authority in COM
mission that has been COnsttutionally created,
which precedent has deCreed must be non
partisan and which is remunerated for the SER
vices performed.
New-York tribune., 1902-01-02
FINANCIAL.

The total debt of the State on September 30
1901. was S10,075.660, divided as follows:
Canal DEBT; 2.-5 ,ii defence debt 10000
Adirondack Park debt o'''0O'
OF the above amount S550o0 on account Of
the Adirondack Park is due on January 90 1oo1
and 100000 of public defence bonds on May l.
1902 and 100000 due November j, 'f902 for
the payment Of which provision should be made
by the present Legislature
There is carried in the sinking fund for the re
tiren1ent Of the canal debt s., ,S66J26 ~, leaving
unprovided for s6,633. .473 06.
The total amount received into the treasury
during the last year, together with the balance
from the previous year. was S3I.S34,iJI 43'
against which there have been drawn warrants
amounting to 2S,045. 146 %. leaving a net bal
ance on September 30 1901, the close or the
hscsI year of 50, 1S3,351 16
The new revenues derived from indirect taxa
ton will probably make the gross income for the
current fiscal year from corporations, banks and
insurance companies S6.1G00o0 compared
with 50 9S1 ,2S6 66 for the preceding fiscal year.
The total receipts from all sources of indirect
at si5I1I AIS IL.
The aggregate appropriations from m 1893 1913 down
TO 1901, both inclusive, were 9o399'o 81. or
This period is taken because II marks the be-
ginning Of the State care Of the insane, the ap
S1346.019 Ga. while in 1900 it reached So 5554-
S91 50. and for the current year S4506 105 80.
II is fair TO assume therefore that the aver
age annual expenditure except with strict econ
ony, cannot be brought below S22.0O.OO0 per
annum
alone be our aim. but restriction OF appropria-
tions wherever possible without detriment TO
the States interests should receive thought
full consideration.
A careful study OF the expenditures of the last
year. providing as they did for many extraordi-
nary emergencies. leads TO the belief that $40 -
0000o0 win be ample for the coming year and
will thus make possible the lowest direct tax in
the history OF commonwealth If these preno-
ises are correct, we should have the following
exhibit:
We shaH rave frorn Indirect taxation sl5 III
Leaving TO be provided for .-...-..-- ASS 5sI 81
October !. amounting TO s. 2Oo. 600. there
could be used. go 90
The only direct taxation
would be the I3- 100 a provided
by the constitution sinking fund ana
interest the canal debt would
produce on the present equalized valuation
of the state........ ................. 1855 2a9 81
And would leave surplus 1900 900 %
fl the treasury, ample enough TO avoid the ne
cessity for loans In anticipation of tax receipts
To the accomplishment OF this end therefore
should direct attention.
New-York tribune., 1902-01-02
ASSIGNMENT or JUDGES.

BY an amendment to the Code. Laws Of 1900
Chapter 114, the Governor is empowered to ma ke
assignment Of judges to districts other than their
own, but this authority is rendered imperative
through the action of the Appellate Division in
extending invitations to such justices without
referring their request to the Governor for ap-
proval Complaint is made that litigants are
thus caused delay and additional expense
In my opinion, the necessity for the services,
of justices in their own districts should not res,
upon their own determination The proper
remedy would be to have more justices hut this
would greatly increase the expenses already
large enough I recommend that the Governor
alone be empowered on the request cf the chief
CT the Appellate Division OF any judicial depart
New-York tribune., 1902-01-02
GOOD ROADS.

The building Of good roads has continued d,,r
Ing the past year The general intarest which
mas been aroused viii render it necessary 70
continue liberal appropria tions for this purpose
/, Is to be hoped that the time will come when
an or these roads which the State is aiding in
constructing may be united In common high
Ways from one part of the commonwealth to
tiIj II seems. however, that sufficient pro-
vision has not been made for tho ra,.i,. % 80,
o'raSiEnI OF these roads Recommendation is
iituT Tt unat the law which provides for their
r'dIHF De so amended as 10 give TO the State
engineer supervision, not only during construc-
.ioh but Tor all time. over all roads in w,bjcb
the state has large an Interest 80 "'ii''
New-York tribune., 1902-01-02
FREE SCHOOL FUND.

1t is a well known fact that the drift Of popu-
lation cityward has resulted in an increase To
the cities of their proportion of the Free School
Fund, and a corresponding decrease in thar
apportioned to the rural schools. The present
distribution of this fund is. Therefore. in an in
verse proportion. relation. to the actual needs
of the State. 1 would suggest that the basis OF
apportionment be changed. so that the moneys
he distributed upon some basis recognizing the
ability of the localities to maintain their own
schools or that a portion of the Free School
Fund be SET apart, and that the Superintendent
of Public Instruction be clothed with authority
to distribute il 70 the weaker districts OF the
State. having in view their local assessments
and consequent ability to maintain their own
school system.
New-York tribune., 1902-01-02

n,en+ of the State 70 make such assignments. L
do this because l believe that il will protect lhe
interests of litgants to greater extent, @ anu
will be more satisfactory than the present sS9
tenn.
Your attention is also called to the overcroNt5
ed condition of the calendars in the FIRST anu n
IepisIat11re tn remedy the same should be taken
Perhaps the solution of the problem might ge
through constitutional amendment proNlu-
ing for the temporary designation of county
Judges m trial terms either within or without
their own judicial department. until such caieH-
dars shall have been cleared.
New-York tribune., 1902-01-02

say. five mills upon the mortgage recordaa -
aiter the payment of one such tax be free froro.
all other taxes except the transfer tax o'D
The total amount of mortgages annuallv -
corded in the State is about $500 OOO Oa0 E
tax or fve mills upon this would amourt =.
SS,oOO.OOo which sum would increase the rev
nues from indirect taxation to an amount .I
most equal to the annual requirements az az
State. u 'is
This small levy will satisfy those who da,i-.
to tax mortgages; it would not be burfsv =,
those who have favored their total exemntio, u
New-York tribune., 1902-01-02
HE HONE AZ BATH.

The Soldiers and Sailors Home at Bath is
overcrowded. dormitory should be
erected TO provide ample sleeping accommoda-
tions for those now there. During the past two
winters II has been found necessary to house
scme of the old soldiers in the basement of
one of the buildings. We should give to these
men who risked their lives in their cOuntry's
defence ample, sufficient and comfortable ac-
CCmmOdatiOnS.
New-York tribune., 1902-01-02
ST. LOUIS EXPOSITION.

An appropriation should be made TO permit the
State to make a proper representation at the ST.
Louis Exposition to Commemorate the LOuisi-
ana Purchase, to be held in St. Louis Mo-. in
1903. Authority should be given also for the ap-
pOintment of a State commission TO have charge
of the State exhibits.
/ recommend such action.
New-York tribune., 1902-01-02
INSANE A.SYLU.US.

Among OR great items Of expenditure is the
maintenance of the charitable. insane and cor
fractional institutions. and it was for the purpose
New-York tribune., 1902-01-02

State of New-York, Executive Chamber,
Albany, y. Y. January i, l902.
To the Legislature Of the State Of New-York
In accordance with the requirements of the
constitution / have the honor TO submit the
fnlinrrinp message:
New-York tribune., 1902-01-02

No further appropriations should be made for
il for the same reasons given in the case OF
the Dannemora Hospital for the Insane
New-York tribune., 1902-01-02
ODELL PLEADS FOR ECONOMY
GOVERNORS NESSAGE SUGGESTS MEANS FOR RAISING
HONEY BY INDIRECT TAXATION.


FINANCIALThe total State debt September 3O 1901,
1898 16.
New-York tribune., 1902-01-02

INSANE ASYLUMS-The Governor recommends that for the
appointed annually by the Governor report
; @ S VI s | 81 t De Veu I1 III lh 9te unacy Cofn-
institution should not be permitted until has been proved the satisfaction
confined and that he without of He asks the legislature
to check what he regards tendency the
of the asylums
CHARITABLE INSTITUT1ONS-Ar Odell notes tendency to
xvagan administration Of these Institutions and remedy therefor
States charitable homes and asyus the appointment of
visiting committees similar to those recommended for the insane hospitals
the abolition OF boards and the appointment blythe State
Board subject to the Governor approval OF annual
subject to the boards regulations His he believes will effect
saving $750OOO the appropriations charitable
asylums
DEATH OF THE PREsDENT-No recommendations are made
as to the repression anarchy but suggested that assault with
years imprisonment provided
the limit should be placed at twenty-five years
LOCAL, EXPENsEs-Calmg attention high salaries paid to
fix based the total levy for the salary lists of all
municipalities
DELAYS APPEALS-As a remedy present delays APP
rea capital amendment to the code requiring
period after the conviction in the Supreme Court.
TAXATION OF MORTGAGEs-Tbe Governor believes that tax
Of five mills the 5000 100000 of recorded annually this
@ 49, a. ~ o aront o,,s - the a,n, reoIerren ~ tLe
crease them 10 an amount Almost eqpa 10 'n annual Oh m the
State This is to be tax simply on the ming OF each mortgage and not an
from all other taxation
RECEWERsHIPs-The Governor recommends II
collected by receivers or public and
os Ro9s s% y ' the State Baking
only be instituted by these departments but shall be placed asoe under
during the liquidation.
ExCIsE-Mr Oder change the
demand than and that
referendum be allowed
the He thinks
forcemen abuses of the Rane law hotels
CANALSOn the subject OF canals the Governor recommends
the locks 1O0OtOn
the Hudson River ReXOrd Flats
separate propositions second that the canal
be deepned nine portions that depth
nd be submitted the people.
OF the law encourage large
hiS
held this those
ion have filed their certificates paving capital
New-York tribune., 1902-01-02

RECEIVERSHPS-Th Governor recommends that, in orde
avoid fees often collected by for public and
all proceedings affecting banking and insurance
by Banking and Insurance departments shall
instituted by these departments but shall be placed absolutely
their control during the liquidation
New-York tribune., 1902-01-02
TAXATION OF MORTGAGES.-Th Governor

=
mills the 100000 recorded annually
indirect
the
This simply the filing each and
The that this should
all otfe
New-York tribune., 1902-01-02
DELAYS IN APPEALS.-As renee

peals capital cases. amendment the code
the argument of such before the Court OF Appeals
period after the conviction in the Supreme Court
New-York tribune., 1902-01-02

LOCAL ENPENSES-Calhng attention to the high salaries
many officials OF Newly City the Governor asks for action w
fix percentage based the total levy for the salary
municipalities.