New-York tribune. [volume], January 02, 1902, Page 6, Image 6

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ODELL PLEADS FOR ECONOMY.
GOVERNOR'S MESSAGE SUGGESTS MEANS FOR RAISING
MONEY BY INDIRECT TAXATION.
OPPOSED TO ANY CHANGE IX THE PRESENT EXCISE LAW
FINANCIAL.— The total State debt on September .'iO, 1901, was
si<U>7r>.<>r>o. The net balance in the treasury on that date was
$9,789,351 16.
INSANE ASYLUMS. — The Governor recommends that for the
present boards ot managers there be substituted a visiting board for each dis
trict, to be appointed annually by the Governor, and to report to him; that
the powers of the boards of managers be vested in the State Lunacy Com
mission, thus centralizing authority. He thinks that admission to a State
institution should not be permitted until it has been proved to the satisfaction
of the court by local authorities that the alleged insane person should be
confined and that he is without means of support. He asks the legislature
to check what he regards as a tendency to extravagance in the management
of the insane asylums.
CHARITABLE INSTITUTIONS.— Mr. Odell notes a tendency to
extravagant administration of these institutions, and as a remedy therefor
urges that the present State Board of Charities be charged with the admin
istration of the State's charitable homes and asylum-; the appointment of
visiting committees similar to those recommended for the insane hospitals;
the abolition of boards of managers, and the appointment by' the State
Board, subject to the Governor's approval, of a superintendent at an annual
salary of $5,000. who shall have full authority over all charitable institutions,
subject to the board's regulations. Ilis suggestions, he believes, will effect
a saving of $750,000 a year in the appropriations for insane and charitable
asylums.
DEATH OF THE PRESIDENT.— No recommendations are made
as to the repression of anarchy, but it is suggested that assault with intent
to kill any citizen be made punishable by a more rigorous penalty than the
maximum of ten years' imprisonment now provided. The Governor thinks
the limit should be placed at twenty-five years.
LOCAL EXPENSES. — Calling attention to the high salaries paid to
many officials of Xew-York City, the Governor asks for action which will
fix a percentage based on the total tax lev} for the salary lists of all
municipalities.
DELAYS IX APPEALS.— As a remedy for the present delays in ap
peals on capital cases, an amendment to the code is recommended requiring
the argument of such cases before the Court of Appeals within a stated
period after the conviction in the Supreme Court.
TAXATION OF MORTGAGES.— The Governor believes that a tax
of five mills on the $600,000,000 of mortgages recorded annually in this
State would add (3,000,000 to the revenues from indirect taxation, and in
crease them to an amount almost equal to the annual requirements of the
State. This is to be a tax simply on the filing of each mortgage, and not an
annual tax. The Governor urges that this tax should exempt mortgages
from all other taxation.
RECEIVERSHIPS. — The Governor recommends that, in order to
avoid the excessive fees often collected by receivers for public and quasi
public institutions, all proceedings affecting banking and insurance institu
tions controlled by the State Banking and Insurance departments shall not
only be instituted by these departments, but sha'l be placed absolutely under
their control daring the liquidation.
EXCISE. — Mr. Odell holds that there should be no change in the
present law unless there is move ot a demand than i> now apparent, and that
under no circumstances should a referendum be allowed to municipalities
until sanctioned by the entire electorate of the State. Ile thinks a proper en
forcement of the law will remedy the abuses of the Raines law hotels.
CANALS. — On the subject of canals, the Governor recommends:
First, that the proposal lo enlarge the locks to 1,000-ton barge capacity ami
to provide a new nine-foot channel from the Hudson River to Rexford Flats
be submitted to the people as a separate proposition; second, that the canal
be deepened to nine feet on such portions as are now less than that depth,
and that this proposition also be submitted to the people.
CORIH >RATI< >XS. — Liberalizing of the law to encourage large com
binations to incorporate here is suggested. The < iovernor urges a slight tax
on the stock ot foreign corporations held in this State, unless those corpora
tions have filed their certificates here and are paying a tax on their capital
stock.
THE FILL TEXT OF THE GOVERNOR'S MESSAGE.
State of Xew-York. Executive Chamber,
Albany, N. V.. January 1, IW2.
To the Legislature of the State of New-York.
In accordance with the requirements of the
constitution. I have the honor to submit the
following message:
FINANCIAL.
The total debt of the State on September .10,
1901. was $10,075,660, divided as follows
Can.l debt. -
National Guard public defence debt JSS'2S!
Adirondack Park debt ...* <>•■'■ ">
Of the above amount $35,000 on account of
the Adirondack Park is due on January 30. 1!»<M,
and 5100.000 of public defence bonds on May 1,
11)02, and ?I«m»,oiki due on November 1.-1002, for
the payment of which provision should be made
by the present legislature.
There is carried in the sinking fund for the re
tirement of the canal debt $1.866,52694, leaving
unprovided for ?1»,<531i.4TH<M5.
The total amount received Into the treasury
during the last year, together with the balance
from the previous year, was $87.834.497 43,
against which there have been drawn warrants
amounting to $28,045.140 27, leaving a net bal
ance on September 30. 1901, the close of the
fiscal year, of $0,769,331 10.
The new revenues derived from indirect taxa
tion will probably make the gross income for the
current fiscal year from corporations, banks and
insurance companies $6,100,000. as compared
with $2 98] --• '''I for the preceding fiscal year.
The total receipts from all sources of indirect
taxation during the coming year are estimated
at $15.11 13.
The aggregate appropriations from ISJI3 down
to 1001, both Inclusive, were ?195,399.357 82, or
an average of $21,711,03975 per annum.
This period is taken because It marks the be
ginning of the State care of the insane, the ap
propriation for which in the year IS9.T was
Si. 340.019 0.-i. while In 1!«00 it reached $."..."4.
£9l S9. and for the current year $4,500,705 .'{o.
It Is fair to assume, therefore, that the aver
age annual expenditure except with strict econ
omy, cannot be brought below $22,000,000 per
annum.
Seeking new sources of revenue should not
alone be our aim. but restriction of appropria
tions wherever possible without detriment to
the State's Interests should receive as thought
ful 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 $20,
«XX>,iKKI will be ample for the coming year, and
■will thus make possible the lowest direct tax In
the history of our commonwealth. If these prem
ises are correct, are should have the following
exhibit: "
•We shall te*« from !n<i!r«>ct taxation $15 111 418 1.1
\jn\lr.f to b« provided ft 4,888 581 87
Of the Mjrplu* over appropriation* en hand
October I, amounting to $».2(irt.oc"iri. there
could ♦>» u»ed 4,2<A000 Git
The only direct taxation r.ee*«»i»ry. therefore
would be th* 13-100 of a mill provided for
by the constitution Icr the rlnktnr fund an.)
lnt*te*t cm th« canal .J»t,t which wbuM
produce on the present equalized valuation
..f the Stale TOU.3MA!
And would leave a »-jri>!u» of . 00,400 m
in the treasury, ample enough to avoid the ne
cessity for loans In anticipation of tax receipts.
To the accomplishment of this <?n<!, therefore,
we should direct our attention.
INSANE ASYLUMS
Amnng our gre*t items of expenditure Is the
mair.lenar.ee of the chari'able. insane and cor
raction&l tomtit utionx, and it was for the purpose
of a proper presentation of this subject tnat
they were Inspected during the- last summer.
There i* scarcely an inmate of any <>f these
institution 1 ", without lonng friends and relatives,
whose interest in bis wellbelng la as great aa
our own for those whom we hold dear, and who
are blessed -with Intelligence and health. Thc-i"
fore, in the consideration of this quentiqn due
regard should be given and careful thought be
stowed upon all features of administration
which have for their object the proper medical
and physical care of those whom u<- ar- called
upon to protect.
Kut this solicitude should not lead us to a
profligate or wasteful policy, it is. however, un
fortunately true that the wealth of our State has
led 11? in the direction of undue extravagance.
For the comfortable homes, such as existed In
the earlier instit utlons, we have newly planned
buildings, covering much greater areas, costly
in construction, and which, so far as it is pos
sible to discover, accomplish no better results
and but add to the burdens of the taxpayers, it
may be stated here that the law now restricts
the per capita cost for construction and furnish
ing to $f»SO. While this Is an improvement upon
earlier conditions, yet It is. I am convinced, still
too great, and iirings no cither result than an
Increased expense for maintenance.
Stn'-e my visit during the last summer, plans
have been adopted for additions to the hospitals
at (iowanda and Kochester on more conserva
tive lines, at a reduction in the per capita cost
of nearly .Sl'Mi, which, on the number of inmates
to be taken care of In these buildings, will effect
a saving of nearly JKI.Vt.OOO.
The impression one gains on visiting our Insti
tutions for the Insane is the duplicator of ad
ministrative and executive powers so repugnant
to sound business Judgment. First is the board
of managers, with doubtful authority, then the
superintendent, who is the executive officer
over all.
The State Commission in Lunacy has not the
authority to remove or even correct a. superin
tendent, a treasurer or a steward. The power,
therefore, which they should have is lacking,
and the superintendent, protected by his board
of managers. becomeß an autocrat In the admin
istration of hiß duties.
But one result can follow such a system—ex
travagantly managed institutions, with constant
demands for improvements not warranted nor
Justified.
Either the Commission in Lunacy is unneces
sary or the local boards are a hindrance to the
proper administration of this branch of the
State's work. Methods more in harmony with
ideas that are businesslike and a due regard for
the expenditure' of public money should be sub
stituted. A central control would prevent ex
travagant buildings for physicians and elaborate
attendance upon their wants. It would prevent
excessive salaries to those high on the official
staff, and provide a fairer remuneration for
those charged with the immediate care of the
patients.
A more Hclentlttc grouping sf the population
could be effected «iid many other reforms In
augurat-d that would In the end make a more
harmonious institution than is possible under
the present system, it is not necessary to
elaborate, because a study of the expenses of
the various institutions will lead all to the con
clusion that a differ* nre in the per capita cost
for maintenance of $71' between the highest
and the lowest is entirely too great, one cen
tral board with absolute authority could, with
out embarrassment and without taking from
the patients a single necessary article, effect a
saving from th' most conservative estimate I
have had of fSQO.OQO per year on the present
population.
If in addition to this ?pace n< m occupied un
necessarily for administration and other pur
NEW- YORK DAILY TRIBUNE, THURSDAY. JANUARY 2. lOOli.
poses wore utilized at a small expense, it would
be sufficient to provide for the incren.se in popu
lation for the next two years, and thus effect
a saving of at least $400.<tOU more during that
l» rio,i. A<i'!-- from thc<e features, 1 am of the
opinion that the county In which the patient
resides should be made a party tv the pr
ings before admission to any of our asylums
and that notice- should be served uton the at
torney representing the institution ln which
it 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 reimburse the
Btate, and that admission to a State institu
tion should not !>e permitted until the local
authorities- have demonstrated to the satisfac
tion of the court, :irst. that the alleged insane
person should be conflm I, and second that h>
ls without means of Bupport.
This would accomplish two purposes: It
would prevent th< admission of those who are
harmlessly insane and the evading of respon
sibility for their care by interested parties. The
burden of proof would then be transferred to
the local authorities, n*ho ar-- in possession of
the circumstances and facts surrounding each
case, and would prevent the present unsatis
factory '■* parte examination.
I recommend, therefore, thai for the hoards of
managers there be substituted a visiting board
for eai li district, '<> be appointed by the Gov
ernor annually, and to report to him: thai the
l owera now vest.,] in the present boards of man
agers be lodged in the State Commission ln
Lunacy, thus centralizing all authority in a pom
mission that has been constitutionally created,
which precedent has decreed must be non
partisan and winch i< remunerated for th-- ser
vices performed.
CIIA RITA BL /•; INS Till 'TIONS.
In the consideration of the charitable insti
tutions the same features of undesirable ad
ministration are to be seen, the same wide mar
gin between the highest and the lowest < ost of
maintenance, and the same unnecessary de
mands upon our revenues. While the Soldiera
and Bailors' Home at Bath cannot be classed
as a public charity, yel for the- purpose of com
parison it may be stated that the cost of main
tenance «t this Institution Is only si' •*>_ per
capita per week, as against sin:, at the Hudson
House of Refuge for Women. But it is not
alone In the expenditures for maintenance that
we are called upon to consider the waste of
public money, but aisc. as to the demands for
improvements which are dictated either by
sentiment or ides that are both unbusinesslike
and undesirable. As illustrating this tendency
toward extravagant expenditures, 1 mention
some of the Items asked for by various institu
tions, and which, while they may fail In one
legislature, ret are recommended year after
year until finally allowed. One Institution asks
for a mortuary ai a cost of s\ :><»> :; railroad
Bwltch at a cost . f siu.imm (inmate; now per
form the work and teaming), a propagating
h..us.- for flowers for an Idiot asylum. s.';.l;<n>; a
Btable for officials' horses and carriages, s.~>.<m>.
How many of our merchant taxpayers furnish
board for the families of employes, numbers not
Red, and then equip them with official car
1 iagea and horses?
Anothei institution asks for an appropriation
of s 1 ■_'.-,,. h h . for the purchase of a farm; an
other, a cottage foi its florist, at b cost of s::.nnc(.
And nearly every Institution' is as unreasonable
in its dema
facts are not submitted In any spirit of
captious criticism, but to Impress upon the leg
islature that the tlnn has come to call a halt
and to demonstrate that many of our charitable
asylums are not run so much for the I
of the Inmates as for the exposition of pecul
iar and sentimental Ideas that should have no
In the managemi nl of our public institu
tions.
What remedj 1 in b< proposed? it may be
asked. During th< session of 1!«»1 a recommen
dation waa mad.- for .1 smaller commission for
the- administration of the Department of Chari
ties. So much criticism was aroused by the
suggestion that the legislature did not adopt It
It la not 1. .; the recommenda
tion at this time, but rather to ask for the ex
isting commisslo . :••;. and au
thority.
Our charitable Institutions may be 1
under the fi • ads:
First .'■:• forma toi •
• • itlona for feeble n
Idiots.
Third Educai ■
In the first class may be enumerat d t!
formatoriea for women at Albion, at H
and a Bedford, the St.it.- Industrial School at
Rochester and the House of Refuge at Rar
Island.
in Ii ; * - S( on,! ; iftodlal
A.-'ln'M, the Syracuse Horn.- for the ;
Minded, the Sewark Homi fot the Feeble
Mind d and the Craig d
Son yea.
In the third rlasi are Ihe The \ ■<>.. tbe
School for tfie Bill I at Bai ivia and the H hooi
for I ► - ■ . 1 r .Nii:'- - > ; Maione.
J,i the first cla I a pita per v •■■■!<
Is as follows:
: ::.■.■ ■ ?i x:
Ir, luMi I 4 I'
ll •• -t ' '•
1 . " v i >: 1 ;•-.
The difference between the highest an
lowest is si 13 .1 week. This margin of • iir
ferencc ■ mnol be • cplalned In an', other » >•
than by more expensive administration, as the
cost of supplies doe! ii"i varj enough to account
for it.
Then, also, we have too many reformatories
for women, as the present population could al
most entli red for .i' Hudson, with
grea ter ec< momy.
With regard to the first class, I th refore
recommend that the per capita cost be fixed at
a fair mean, which would !"■ si"«*i a year, and
that a gross appropriation for maintenance be
made en, this i>.isi.-\ Hy this method an annual
saving of Sc.ii.iiimi could be effected.'
In the second class tin- p r capita 1 oat could be
put at $140 per annum, the reduction over re
formatories being made possible because of the
1.:.k of necessity for th lucatlonal features
which are essential in the firsi i lass. ITnder the
present system the weeklj per capita cost is as
follows;
Mom.- for Fertile Minded, Newark $•.•:(!'
Home for l-v..|,|.. uindrd, Syracure .'. lift
(."untoJlal AKjium, Rome v SB)
<"ral;? I'olony, Sonyea 3 EH
If the latter suggestion of a gross appropria
tion be adopted, the saving would be S'.'T.ii'n an
nually.
Of the third class, the per capita cost of main
tenance Is nci excessive compared with that of
private homes of a similar character, but the
expense should be limited -to the amount paid
such private institutions, and care should be
taken to prevent excessive appropriations for
expense ■■ buildings..
To perform this work. 1 recommend that the
present State Board of Charities i»- charged with
the care find administration of our charitable
Institutions, and that visiting committees, as
suggested In relation to the hospital! for the in
sane, be appointed annually, and that they be
empowered to visit and report to the Governor
as to the conditions found; that the present
boards of managers be abolished, and the State
Board of Charities i"- permitted to recommend,
subject to the approval of the Governor, a su
perintendent, either from their own number or
otherwise, with a salary of $5,000 per annum,
who shall have full authority, under such regu
lations as may be adopted by them, subject to
executive approval, over all charitable institu
tions.
If these suggestions are adopted, a saving will
be effected of at least $750,000 in the appropria
tions for the- insane and charitable asylums.
From the miscellaneous appropriations, which
aggregated last year $3,512,&>3 09, a reduction of
at least 91.000.000 more could be made. if proper
consideration Is shown in the treatment of de
mands for appropriations In special bills. The
reports that l have had from the various de
partments, Showing as they do in almost every
Instance- lower estimates, lead me to believe that
the balance of the- amount necessary to effect
the saving of $2,000,000 over last year's total
appropriations can be found here.
I ask, therefore, the most careful scrutiny of
all appropriation bills i»-for.- their enactment.
The legislature should be not only an enacting
but a vetoing body, and should prevent bills
carrying unnecessary items from coming to the
executive. All bills should be thoroughly con
sidered, and no appropriation made that will
carry the total above the $-<>.tMxi,»MMi limit re
ferred to.
ASSIGNMENT OF JUDGES.
By an amendment to the Code, Lawa of 10fM>,
Chapter 414, the Governor is empowered to make
assignment of judges to districts other than their
own, but this authority is rendered Inoperative
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 service*
of justices in their own districts should not rest
upon their own determinations The proper
remedy would bo to have more justices, but this
would greatly increase the expenses, already
large enough. I recommend that the Governor
alone I" empowered on the request cf the chief
cf the Appellate Division of any Judicial depart
ment of the State tf> make such assignments. I
do this because I believe that it will protect the
interests of litigants to a greater extent, ana
will be more satisfactory than the present sys-
e Tour att-ntion is also called to the overcrowd
ed condition of the calendars in the First an-i
Second Judicial departments, and action by tne
legislature to remedy the same should be taken.
Perhaps th- solution of the problem might >c
through a constitutional amendment provid
ing for the temporary designation of county
fudges to trial terms, either within or without
their own Judicial department, until such calen
dars shall have been cleared.
THE FOREST PRESERVE.
Under Chapter 04 of the Laws of UMil the
various commissions having to do with the
Forest, Fish and Came departments were con
solidated under one head. I became convinced
after the passage of the appropriation bill carry-
Ing an Item of $230,000 for the purchase of Adi
rondack land at the last session of the legis
lature that the amount of mon-y necessary to
i any oul the scheme of ultimate purchase of the
entire preserve was of too great a magnitude
to be hastily sanctioned.
A bill was passed by the legislature and ap
proved by the Executive in IS<>;'. which provided
thai agreements mlghi be entered Into lp ;- | ' vi "" n
the State and owners of lands in the Adln.n
.lacks, limiting the kind and stae of timber to
lie cut, in return for which exemption from tne
State and county taxes upon such lands was
given. The restriction was that nothing but soft
wood above twelve Inches m diameter should be
cut. This provision has never been accepted by
any considerable number of land owners. For
the purpose Of ascertaining the sentiment upon
the subject, communication has been had with
the owners of the greater part of the land in the
Forest Preserve.
I am convinced from such correspondence that
if the law were amended to prohibit the opera
tion of acid factories and the cutting of timber
below ten Inches In diameter, in return for the
assumption bj tbe State of all taxes, the
ultimate object aimed at in the preservation of
the forests could be accomplished without any
gnat expense. Such land now owned by Indi
viduals consists of about 7iMi.."il4 acres of forest
land, 1,080.204 acres of lumbered land and 1»>7.
7i:7 a< res of denuded, burned and w-iste land.
This property probably could not be purchased
for less than s.'.immi.imhi. ruder the provisions
of the present law, when the State purchases
the land it assumes all taxes. In addition to
this, under our constitution, no public land can
be lumbered.
If, therefore, all property now owned by Indi
viduals and corporations were purchased the
result would i" the destruction of the lumber
mid wood pulp Industries, which are among the
■ valuable \\ .- have
The work in the Adirondack^ should be pur
sued scientifically Mature timber should be cvi
and denuded land, so far as possible, replanted.
And if the agreement here outlined were entered
:'■'" »'lth Individual owners, for restriction of
lumbering and the replanting o f their lands a
continuous growth and source of supply would
result without fear of condemnation <t en
croachment. There would be no desire to lum
ber without thought of the future. | n addition
to tnis, bj th.- leasing of small camp sites a
le and protection would result and the
Adlrondacks would soon be converted Into a
health resort and a recreation park for all who
might desire to enjoy It. Suitable restrictions
providing for free Ingress and exit could be
placed in such least s
I recommend, Brst, that the preseal tew be
: ''" '•'•■' »° " to permit an agreement with
owner* to restrict the cutting of timber d< wn
1- ten Incnea In diameter instead of twelve and
tlat acid factories be prohibited: and that a
"™ st "Mlonal amendment receive your sanction
th - s v " ;<r king toward the scientific forestry
"d leasing of the State lands These sii™^
tloiu». if adopted would rum ten revenue for the
GOOD ROADS.
The building of good roads has continued dur
ing tho past year The genera , Interest whl b
has been aroused •ill render it necessary to
continue lil-ral appropriations for this purpose
"isto be " '-'' that the time will come when
all of these roads which the State la aiding In
constructing .nay be united In common high
way,.from „„,. „ „, „„. „,,: im, ,! :, ,. a
vWonhHin.tr 1?"'1 ?"' however, that sufficient pro
■SkJ of Ih' ;; " made for th - repair and
made th, „ ;" ''" il<f " Itec ommendatlon is
mad thai tbe tew which provides for their
ao amended as to give to the State
gZ "forin^r not °^>^rtScons?rSc!
ir-st'oij. foi all time, over all roada in which
the State haa so large an Interest
DBA Til OF THE PRESIDENT.
The untimely death of our E>restdeni and the
anger of our people against teachings which
"• " no Macr In our form of government have
suggested various method, of dealing both with
the press and Incendiary utterances. The free
"" of the press should be preserved Inviolate
because upon it depends the strength of our
insltutlons. restriction which In the hand.
of the unscrupulous could he used foi nersbnai
or partisan effect, or which might i , »ny iv
Interfere with the constitutional prereeativ* /t
expressing approval or disapproval w^V,i£ \
serious blow to our country .The^eoolT^ £
safely Intrusted to rebuke i Thl mwt'iSmJ!
manner all unreasonable -tin. ••>, „T> P..vP ..v
our institutions or JSbHc men Thos^ whole"
utterances have a tendency to ,-„..,. . todiSS!s
01 murder should be punished Th" a-M ,'t ! h
newspapers and Individuals should f£*d!r«Slv
to warranted •"" i " sl " > ' 1 « •» --•->"
of President McKlnley and fhe^sjeldj IT*? 9 ! 11
ment meted out to him but evidences or re"
HP*ct for th- law. While perhaM .the blow
which was aimed by this anarchistic ninri
against our Institutions renders „,..-,•?
thnt our punishment for ottemnta \ I , i
should be the more severe t £%„!-■'
how we can reach th.- case eiccW hi ! t0 SP °
amendment to the code An itt?m« ! «*neral
so far as the person mnklnsSh n ass u n 7
concerned only lacks the a.-tual de-h ,r W
victim io make his crime complete and the
punishment should therefore be dependent not
alone u,pon the actual effect, but upVr? fhe ?n-
The aim of our laws is both to repress crime
and to make Its commission a terror -to evil
doers. It Is apparent, therefore that tho V l
ent attack upon the lif,. O f any clttzA, v lt h the
Intent to kill should have a greate"maxlmnm
penalty than i, no provided! If th^S- In
of [our late President had been railed uponto
fa«e a charge for attempt to murder theisen
ten could not have exceeded ten years, "with a
commutation of about three years for good bet
havior. In my opinion tjus" maximum should
be extended so „ to make the law read?not
more , ha twenty-five years. This would per
mit the court to exercise a discretion and would
be more effective than the penalty CJ
STATE PRISONS.
The prisons throughout the St^te ara (>f an v , ,
and antiquated character. Blng 9ing prison is
positively dangerous both to bealtk and. In the
event Of a fire, to the liv, ?of thf > 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 the
roavtcts, appropriations being made yearly f,, r
this purpose. Existing conditions should be
remedied as soon as possible. New-York cannot
afford to maintain prisons as at p resent .md
compel prteonera to eat in then- cells, which are
foul and unhealthy.
The care of the insane criminals should receive
consideration, because the maintenance OI tW(
such prisons, namely, at Ifatteawan and Danne'
mora, .should no longer be continued. The Dan
pemora site could be used to better advantage
than for the c-.re „r insane crtmtnaU The ncr
capita expense at both of th.->e institutions is
too great, and thf> are too elaborate for crim
inals. This department should be placed under
the control of the Stat.- Commission in Lunacy
because it could be managed much more '
nomlcally than at present. There should be no
further appropriations for the hospital at Dan
nemora. because the difficulty in reaching it by
rail renders the coal of maintenance too high
Buck additions as may be needed in the future
should be made at Matteawan. where facilities
for transportation and ease of access make it
much more desirable than Dann^mora
Th«- Kapanoch prison is fo situated aa to make
ita administration m. at expensive, and is a
monument to the folly of those who dealgned it_
No further appropriations should be- made for
it for the same reasons as given in the case of
the Dannemora Hospital for the Insane.
LOCAL EXPENSES.
The almost total abolition of State taxes will
bring horn,- ;o the taxpayer the fact that his
expenditures are to be peculiarly local, and If
they are excessive the remedy rests with him
to rebuke those who are charged with the ad
ministration of his local affairs. It has been
found wise to limit by constitutional enact
ment the bonded debt of any municipality to 10
per cent of its assessed valuation. The desire to
exceed the debt limit leads to overvaluation,
particularly in large municipalities, which the
unfortunate property owner is powerless to cor
rect, except through the tedious delays of law.
Fairness should be the basis for the imposi
tion of all taxes, and the State Hoard of Tax
Commissioners should enforce the provision
against excessive as well as low assessments
The legislature should amend by general law
the powers of the State Board, so as to make it
a reviewing court to investigate and correct in
equalities in the matter of assessments, and tnus
become not only a mediator, as between coun
ties of the State, but also serve to protect the
rights of individuals in each locality. I recom
mend such action. .. .
1 have learned also of excessive salary lists m
various municipalities, and while perhaps it may
not be proper for the legislature to interfere,
yet. is in the matter of debt, there should also
be a safe margin to enable each local legislative
body to absolutely fix and determine the per
centage of totnl Income to be so expended. In
looking over the salary list of the city of New-
York it will be found that there are several offi
cials who receive a larger salary than the Gov
ernor of the State or the Cabinet officers of
the United States, and it cannot be claimed with
any degree of truth that the services rendered
.-re always commensurate with the comp-nsi-
U l?andatory legislation of this character can be
justified as it would lead to the curtailment of
excessive expenditures without Impairment to
the efficiency of the service of any municipal ty.
In my experience I have observed that the im
portance of an office is judged not so much by
the people who are served as by the man who
fills it. and the margin between the two is so
great that it Is a proper subject for your con
sideration. I recommend action by the legis
lature which will absolutely fix a percentage
based upon the total tax levy for the salary
lists of all municipalities.
DELAY IN CAPITAL CASES.
There is evidence thai 100 frequently ai
in capital cases are too long deferred h y th«
failure of district attorneys to COBBpel the ap
pearan f the defendants' COUUSeL UK
Instances where the accused have been awaiting
an aj. peal for l>>ng periods, and one case ha
come under my observation where three years.
had elapsed before it was noticed on tbe calendar
of the Court of Appeals, inder the constitution
a direct appeal is taken from the Supreme Court
to the Court of Appeals, but so long a<» there is
a disposition upon the par- ■■ dis
trict attorneys to accede to the reqn »ta
of defendants' counsel for tmenl
it Is impossible to force these
trial. And it too often occurs that la the
event of a new trial being ordered l-y the highest
court important witness* a have died or disap
peared, and a criminal who should lim •
punished is allowed t-. esca] • through lack of
evidence.
An amendment to the rode is recommended
which will prevent this practice and rompd the
argument of raca casei be* re the Court of .\p
vithm ■ certain time, say six months,
after conviction in the Supreme Court. There
Is no reason why, in these da> s when thi
venlencea of stenographers and tlv- printing
pres* are so available-, th-re should >■•
delay In the consideration . •
the highest court.
THE HOME AT BATH.
The Soldiers and Sailors" BoSBM ;'.r Math is
overcrowded. A mmm doraaitory sJmmbM m
erected to provide ample Bteeptag aec^sjnaada
tteaa for those son there. During the r 1 li; t l re
winter* it l i as been found necc
.-• me of the old soldiers In I ■nt :'
one of the buildings. We should gi>>- t.. these
men «hn r^ked th.- ir livea In their ■ untrys
defence ample, sufficient and comfortable ac
ci mmodatlons.
GAME SEIZURES.
The seizure of a large amount of game In cold
• during tii- past nan r aad ;:.•
slble conflict i." our laws with those governing
commerce beti ■ the State* brim
question whether, while .liming t.» preserve, our
;::t:K.-. we should not also protect t
purchaser thereof. Th-- provision .■•-:;.n>
session of game >.y an Individual or a coi
tion after the ■ m begins -s ■»•
Bui h eema that, if .i systera of bon i
Bbch e;arae aa maj remain in possessiui
dealer at the cloa ■ of the o re pro
vided for. we should do more for Its pro
tection than by any attempt to ferret out and
deatroj it under conditions that are at
questionable.
i ■ ■ nid re tnmend that authority be given
the Forest. Fish and Game Commission to thu-.
bond dealers and warehousemen. This would
iv.> purposes it would protect tho*,.
who are honest ana who do not desire the de
struction of their property, and it would brlns:
about voluntary r gnttlon of our law a The
Penalties against klllln B oul of season could
then be more strictlj enforced. There would
'■'V' 1 ; '■ !\'!ln! \' !ln "'- 1 ' 1 - thttl lh ' »»PPl> came from
outside, because no one would care to run 'he
rtrit °f seizure and the expenses Incident to the
trial in attempting to establish this fa. t and
in- duties oi same protectors would thus be
come simpler and the lawa easier of enforce-
AUDITING OF ACCOUNTS.
I believe that there should be or anized in one
of the departments an auditing bureau through
which all accounts from the various depart
ments should pass for audit ore payment Is
made by the Treasurer upon the warrant of the
Controller, it would sen, that the Controller's
ofßce would be the proper place for this work
As it la at present the University of the state
of New-York, the State Commission in Lunacy
and, in fact, almost all of th. departments do
their own auditing. if the Mils for all supplies
purchased by the various institutions, such as
those under the control of the State Boa .1 of
Charities and the State Commission In Lunacy
were passed upon by one department, an opiw
'«n«»3 « iie given for., I-omparison of DriTJfi
pa«d for ti, e ,-arne articles hy the different Kwu
SETS KTiKS. ■'""■ BUcn ail , )n ., : £«
casea la pro forma
1 recommend thai the bills of all department*
after proper certification, shall be submitted to
the Controller's office for approval, and that the
auditor to be provided for shall have power to
reject excessive charges, and shall be made re
sponstbb- to, the proper «*— of amounts
against the SI ite.
TAXATION OF MORTGAGES.
Daring the last two sessions of the Legia
lature measures were pending looking toward
the taxation of mortgages. It was claimed that
such legislation would be in the nature of a
double tax. and therefore Inequitable and unjust
After numerous hearings the subject was
dropped, aril mortgages are to-day, whenever
found, sahjed to the same tax as real estate
The result of the present condition of affairs is
that mortgages In th.- hands of trustees are
reached, while those that are in the hands of
individuals. In the great majority of cases es
cape taxation entirely. ' cases., ea
„i ff i r , eal * ta V U "' taxed at its "*■ value. It
would seem that such a tax upon a mortgage
upon the real estate would be but adding tax-
Sr fhp a m u e t to the real estate e<iual to the amount
Of the mortgage. In other words, that It would
be placing a valuation upon the real estate that
v»Y,. not be '«»"«*> by an appraisal at its trul
%alue. It is a fact, however, that real estate is
not assessed at its true value, and the amount
of the first mortgage, in the great percentage of
cases, is about equal to the difference between
the true value and the assessed valuation it Is
undoubtedly true that a system of taxation
•n'z^'isr^v^;,"" •■' ""• ■"'"•"■■'•
clerks and renters throughout the State" o?
Bay, five mills upon the mortgage reeerdesl m**
after the payment of one such tax be free f»«
all other taxes except the transfer tat
The total amount of mortgages annually rs.
corded in the State Is about $tiO<Hiu>4xio '\
tax of five mills upon this would amount ♦
55.000.000. which sum would increase™" rev
nues from indirect taxation to an amount a
most equal to the annual requirements of th«
State. " l "*«
This small levy will satisfy those who de«ir*
to tax mortgages; it would not i,, a burden tn
those who have favored their total exemption.
STATE NORMAL SCHOOLS.
An examination shows that under certain
special laws affecting normal schools some lo
calities are benefited by having academies main
tained at the expense of the State, thus defeat
ing the object for which normal schools were
originally Intended. There is no reason why the
expense of academic education in these various
municipalities should not be borne locally, O r
why the State at large should furnish financial
aid to a greater degree than that now provided
for by general law for the maintenance of all
high schools and academies.
The normal schools were originally intended
for the purpose of training teachers, but thl3
discrimination reached such a point as to make
necessary the law of isy.». Chapter "><•. which
provides for training schools in various 'institu
tions in which the State has no ownership, at an
expense of SI a week Tor each scholar. Action
should be taken to restrict the attendance at
normal schools to those who are intending to
enter the profession as teachers.
FREE SCHOOL FUND.
It 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 1 decrease In that
apportioned to the rural schools. The present
distribution of this fund is, therefore. In an In
verse proportion, or relation, to the actual needs
Of the State. I would suggest that the basis ot
apportionment he changed, so that the moneys
be 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 it to the weaker districts of the
State, having in view their local assessments
and consequent ability to maintain their own
school system.
ST. LOUIS EXPOSITION.
An appropriation should be made to permit the
to make a proper representation at the St.
Louis Exposition to Commesaorate th- Louisl
ai.a Purchase, to be held in S». Louis, Mo., ia
1903. Authority should be given also tae the ap
polntmeat of a State commission to have charge
of the State exhibits.
1 recommend such a
THE NATIONAL GUARD.
The National Guard of the State of New-YorVs
is in excellent condition and the discipline is all
thai could be desired. It should continue to be
t!-.e policy of the State to be as liberal as is nec
essary for the proper maintenance of this im
portant arm of the State's service. The estimate
and recommendations are of such a character
that I can commend them to your favorable
consideration.
V recent decision of the Court of Appeals in
the case of an ■facer who was virtually deposed
from his rank by an ord^r Issued by my prede
cessor brings uj» an important subject for con
sideration by the legislature. It has always
lit en supposed that the commander- in-chief bad
power to take such official cognizance of the
acts of the National Guard and its officers as
would put him in possession of the facts, and
upon these findings determine wh;it his action
should be. The Court of Appeals has practically
decided that the ju.liciary can Interfere as to
the findings of a court of inquiry arid set aside
ih«- decision of the Governor. This will take
away from the National Guard the discipline
which Is so necessary and es.-entir 1 ! to a wise
military administration. This is to be regretted,
because its continuance may lead to comnlica
tiorts and t<> the virtual destruction of all tofiPS
tary discipline. I '
1 therefore n> •nmm< m d th«t thts subjer- — ..
ceive your careful consideration and that (men
amendments as may be necessary to our Mili
tary Code be ndo^>t*d l>y the legislature 33 Wil
provide for the proper appearance .if the ac
tustil before all military courts, either in person
or by attorney, and that the findings of such
court when approved by the comma r.der-In-cllie!
shall be final.
TUBERCULOSIS HOSPITAL.
The commission designated by the legislature.
has selected a, site, and work upon this impor
tant undertaking will be begun in the spring;
a tender of land by th« llonoraMe Lucius N.
Llttauei was received 'and declined because of
the insufficiency of the land offered.
Perhaps no work yet undertaken by the State
pr«-s»-iits so many serious aspects as does this.
It has been estimated that th«re are G3.oooper
s. ns In the State of Xew-York who are afflicted
with tuberculosis. It is our duty, of course, to
furnish every protection possible for the health
and happiness of our citizens. This departure.
however, may lead to the establishment of other
nut ions, for which the State may be called
upon to provide and for which there may be
the same claim advanced as by those who are
stricken with this terrible scourge.
A policy should therefore he defined. Hope
less cases should not be received, and every lo
cality should be Interested to the extent of pa
tenting the admission of such Incurables to the
hospital This can only be done when each
locality la Interested through the expense which
it may incur in the treatment of these cases.
The policy of the State, therefore, should be to
provide accommodations and to assess upoa
each county the actual cost tor maintaining
each patient from such locality, and it should
be so enunciated by the legislature. This would
prevent the bringing into the hospital incur
ables and the creation thereby of an excessive
tax. which could not be justified.
A proper physical certificate should be pro*
Tided for. and the power to designate competent
physicians for this purpose in each county
should be placed in the Board of Supervisors of
counties or the Common Council of cities. Rec
ommendation is hereby made for such legisla
tion.
RECEIVERSHIPS.
In a communication to the legislature of 1001
I directed attention to the excessive fees charged
for the collection of the Inheritance Transfer*
t«ix. The Controller reports la me that the
amendments to the law which followed my
recommendation have affected a savins to thß
State of :?•_'.",« MK> in th administration of this im
portant part of his work. This sum will ba
greatly Increased when the law is in full opera
tion.
Another very serious drawback to the admin
istration of our laws is that affecting the in
solvency of public or quasi-public institutions.
Many instances can be cited where, if the asset*
of such corporations had been promptly admin
istered at the lowest possible expenditure. t?>* v
would have been sufficient to have repaid in fuu
the creditors and stockholders. Particularly *J
this true of banks. Insurance companies and
railroads. The federal statutes provide in tn*
case of national banks that possession shall be
taken by the Controller of the Currency ana
that the right to such possession shall net Ije
dependent upon the ability of the Controller »
department to bring about a receivership
through the action of the courts.
The result has been that in many cases banKS
which if otherwise administered would nay
paid but a small percentage to their stocUaoM
sra and depositors have been able to resume
business or have gone into liquidation and *■•"
tributed a percentage that has been satisfactory
The depositors in our ban<cs and the policy
holders of the Insurance companies of our Sl]***
number into the hundreds of thousands. T&ere
is. therefore, nothing more important than tn»'
a careful watch shoulu be exercised over tnes*
Institutions. They should be placed entirely un
der the control of the State Hanking and I nsur *
ance departments, and our laws should be noaa*
to conform to the federal statutes relating ■»
national banks.
I am satisfied that excessive charges have Dew
made by attorneys In the settlement of the a*»
fairs of such insolvent corporations, and wnuo
receivers are- curbed by legislative 01 '™;*!:
as to their charges, yet their expenditures fis-re
but very little In the total expenditures for -in*
liquidation of such corporations. As Mj"":
tratlon of the abuses arising under ( the res *"*
system t-f receiverships, it may be »' ated . V* *
the total expenses involved in the liquidation os