The members of the Reconstruction Commission gave unselfishly of their own time and energy, as well as of their own resources, for the welfare of the people of this State. No words of mine would be at all adequate to express the gratitude we should feel for their earnest and unselfish endeavors. Their reports and recommendations, which will be transmitted to you in due time, will speak for themselves. They represent careful, painstaking and intelligent study, and indicate in every particular that the problems of reconstruction were met by a patriotic citizenship with the same zest and the same spirit with which they approached the solution of our war problems. Their recommendations are far-reaching and fundamental, and warrant me in bringing them to your attention as subject-matter of a special message.

EIGHTEENTH AMENDMENT TO THE FEDERAL CONSTITUTION

Many of the best constitutional authorities in the country seriously question whether the Eighteenth Amendment to the Constitution was ever legally adopted, vesting legislative power in the electorate. Some of these questions are now before the Supreme Court of the United States; some presented by citizens, and some by at least one of the states of the Union. I shall not enter into any discussion of the various grounds upon which this contention is based, but simply present to you some phases of the question and ask for your consideration and action upon them.

There is grave doubt as to the power of a number of the State legislatures that have ratified the Eighteenth Amendment to do so in view of the referendum provisions of their respective constitutions vesting legislative power in the electorate. The question seems to depend upon the constitutions of the different states.

Two of the most eminent constitutional lawyers in this State have considered this question and given written opinions in regard to it, in which they state

"Until the question of the effect of these referendum provisions is finally decided, it seems to us that it would be proper and prudent to assume that it may be held by the courts that adverse action on the referendum will nullify the ratification, and that thereby the number of states duly ratifying may be reduced to less than the three-fourths required."

It is my understanding that this question is to be passed upon by referendum in several of the states. Pending their action, and the ultimate decision thereon, the question as to whether the Eighteenth Amendment to the Constitution has been legally adopted may be considered an open question, not only in fact but in law.

The last session of the Legislature passed a resolution ratifying the Eighteenth Amendment. Can that resolution be rescinded? The same eminent counsel that I have before referred to have also passed upon this question and have pronounced the opinion that

“Where a state legislature has ratified an amendment but before it has become effective by a ratification of three-fourths of the several states, it appears that there has been a change of circumstances or opinion, then the state legislature has the power and ought to voice such change by a resolution of rescission, to the end that the other states may be advised of the true opinion and position of the state in regard to the amendment.”

If then, the question is pending in several of the states sufficient in number of themselves or joined with the State of New York to reduce the number ratifying the Eighteenth Amendment below the necessary three-fourths, it would seem to be the duty of the State of New York not only to its own citizens, but for advice to the citizens of other states, to state what its true opinion is, and whether there has been any change in the circumstances or its opinion since the resolution was passed ratifying the proposed amendment to the Constitution.

Force is added to this suggestion because of the circumstances surrounding the passage of the resolution by the Legislature of this State. The members of that Legislature were not elected in view of any proposed amendment to the United States Constitution, that question had not been passed upon by the people of the State in their election. The resolution passed the Legislature by a very narrow margin. The question is not a party one, but in order to enforce its passage it was made the subject of a party caucus, and members of the Legislature whose personal views, and in some instances the well-known views of their local constituents, were opposed to such action, were coerced by the party lash to surrender their own convictions and vote for the resolution.

I am advised that there were members of the Legislature whose personal sentiments and convictions were opposed to ratifying the Eighteenth Amendment to the Constitution, sufficient in number to have prevented the passage by the Legislature of the resolution. of ratification, if it had not been for the action of the party caucus. In view of all these circumstances, and in order that the true opinion and position of the State of New York in regard to the Eighteenth Amendment be ascertained and carried out, and made known to the people of other states, I recommend that the Legislature rescind its prior ratification of the said amendment, and submit the question to the qualified electors of the State at the general election in the year 1920.

I am unable to understand what reasonable argument can be made against submitting to the people any question that interferes with their personal liberty. The man who opposes the submission of that kind of a question assumes the role of the dictator and sets himself up as being unwilling to abide by the will of the majority. He cannot be said to have much faith in democratic govevrnment.

LABOR AND LABOR LEGISLATION

Much of the talk about strikes and labor troubles in the State has been exaggerated. In view of all the difficult conditions and circumstances, labor and capital on the whole have been living, together in peace and contentment. The one disquieting sound, made apparent on several occasions, is the tendency of some labor unions to disregard their written agreements with their employers. It has been called to my attention on several occasions that this action has been taken against the advice of their leaders. A determining factor with business men in ascertaining their manufactur

ing costs is the agreement fixing their labor costs. These agreements should be kept. No settled and prosperous condition can exist in any branch of industry where there are such uncertainties. There is no more excuse for a labor union repudiating its written pledge than there is for an employer to go back on his given word in any relationship.

Minimum Wage

The benefits that will accrue to a large number of women and children in this State by the removal of the industrial injustice that minimum wage boards seek to remedy must not be permitted to be obscured or clouded by smoke-screens from the reactionary interests of the State, who are pretending that it narrows women's opportunities. I have endeavored, with all the powers at my command, to impress upon your Honorable Bodies that this must not be regarded as legislation in the interest of, or against any group, but as legislation in the interest of the public health and the general welfare, not only of the State as it exists to-day, but for the generations to come. If reactionary organizations are unable to see it in this light, it is most unfortunate, because the arguments which they employ against it could just as reasonably be advanced against every regulatory statute protecting the health of women and minors that has ever been enacted since we have had a State.

Hours of Labor

In recent years experience has taught that excessively long hours do not themselves insure quantity in production, much less quality Workers tired and ineffective from fatigue are no good to themselves or the community of which they are a part. It may be oldfashioned to make distinctions in powers of endurance as between the sexes. If so, I plead for place with the most reactionary elements who believe with our noted scientists that women and minors need a health protection in the point of hours of labor that is not necessary to apply to men. I again affirm my belief that the State should move forward and set a new standard of hours of labor for women and minors, based on a maximum eight-hour day, and ask for the enactment of such legislation applied to industrial and mercantile establishments.

Workmen's Compensation

The provisions of the State Constitution under which the Compensation Law was enacted authorized a statute for the payment of compensation resulting from "injuries." The intent of this constitutional provision has been limited by defining "injuries in the Compensation Law as meaning "accidental injuries." This limitation deprives the Commission of jurisdiction to award compensation for disability resulting from occupational diseases and occupational injuries.

I recommend that the law be amended in keeping with the constitutional provision, to the end that occupational diseases and

injuries may be subject to its provisions. This will entail a very small increase in cost in comparison with the resulting benefit.

I recommend the creation of a bureau of after-care for injured men and women. Under our present system, after the State decides the amount of compensation, the individual is thrown upon his own resources. I believe that in such cases the State should keep track of the injured man or woman until such time as the Commission, or the Bureau, in their judgment, believes that his or her interests are fully protected. It is to the interest of the State that injured men and women be returned as speedily as possible to the producing classes, and not be left dependent partly upon the compensation allowed as the result of injury and partly, in all probability, on the charity of some person or persons.

It is important that the State prepare to meet Federal legislation on the subject of industrial cripples. There has already passed both Houses of Congress, and is awaiting final amendment, a bill appropriating $1,000,000 for the re-education of cripples. This money will be expended in conjunction with states that make appropriations for the same purposes, and New York State should be prepared to take advantage of this Federal legislation at the earliest moment. We have at our command through the Department of Health, the Department of Education and the Industrial Commission, all of the needed facilities for the complete care of this group of our population.

I would recommend that legislation be enacted which will enable us to take advantage of the Federal appropriation and creating a co-ordinating bureau, on which there shall be representation from the three State Departments named-Health, Education and Labor which can then adequately supervise the care rehabilitation of cripples.

and

Early in my administration I appointed a Special Commissioner, under the so-called Moreland Act, to inquire into the operation and management of the State Industrial Commission. Acting upon his suggestion, during your last session you amended the law so as to guard against the evils of direct settlements between insurance carriers and injured workmen. I will, at a later date, transmit to your Honorable Bodies a full report of the Commissioner, with his recommendations, together with such comment as I may have to make thereon.

HEALTH

Health is more than the concern of the individual; it is the business of the State. I would, therefore, urge upon you the development of a broad health policy for the State, based upon an extension and reorganization of the facilities at the disposal of the Department of Health. In spite of the fact that we are gratified by the steadily diminishing death rate of the State, it is, nevertheless, true that the percentage of rejections for disability under the recent draft indicated an amount of preventable disease that shows the State to be in a condition that is far from satisfactory. The State should recognize herein an admonition because

the situation is due in large part to conditions which should have been and may be prevented by a more careful supervision of health through all periods of life.

I am informed that competent medical advice in the rural districts is becoming more and more difficult to obtain, owing to the tendency of physicians to concentrate in the centers of population. The country districts are in many instances practically abandoned, and earnest efforts to persuade physicians to go into these districts have been largely without result. The time has, therefore, come when there should be some plan of reorganization of health administration within the counties themselves under the supervision of the State Health authorities.

All the problems relating to public health must be kept uninfluenced by any political considerations or policies. Just as your Honorable Bodies have shown great generosity and sympathy with the purposes of the Department of Education, I would urge that the Department of Health receive a liberal share of your attention. The State can make no more profitable expenditure than that wisely made in public health education and in advancing public health administration. It is essential for future progress that the careers open to physicians in the public health service should be made attractive and that the compensation of health officials of all kinds should be more nearly adequate to the service which they should. be required to render to the public. In this way only can the best qualified men be attracted to the service and the best results for the State be attained.

As a practical measure, the State should be re-districted in regard to health matters, so that each community could support a proper public health administration. There should be established throughout the State an adequate system of public health centers, in conjunction with local health activities, where the necessary public health supervision can be provided for all classes of the population - for the expectant mother, the infant, the little child, the young adult, and the older men and women of our population.

The State should subsidize the local health efforts and thus bring about a co-ordination of private and public health facilities so that every health center could command the services of a full time health officer and the necessary public health nurses. Public health laboratories should be maintained in each of the larger cities, where necessary work may be undertaken for the counties and the important diagnoses of infectious diseases made. Many diseases are insidious at the onset and their subsequent course may be prevented if the condition can be discovered sufficiently early to administer relief successfully.

I would urge most liberal provision for the Department of Health. Knowing the all too ready tendency to consider expenditure for health protection non-essential, the State must be prepared to step in and, through protective and constructive measures, meet the situation and maintain our citizens at the highest pitch of their health efficiency.