"AN ACT to confer jurisdiction on the court of claims to hear, audit and determine the alleged claim of John J. Morrissey against the state for the unpaid balance of moneys alleged to be due the claimant for carting of filling for the state fair grounds in the month of July, nineteen hundred and seventeen," and Assembly bill, Int. No. 1362, Printed No. 1583, entitled: "AN ACT to confer jurisdiction on the court of claims to hear, audit and determine the alleged claim of John J. Morrissey against the state for the unpaid balance of moneys alleged to be due the claimant for carting of filling for the state fair grounds in the month of July, nineteen hundred and seventeen." NOT APPROVED. The above-mentioned bills are identical. Each of the bills is intended to confer jurisdiction on, the Court of Claims to hear, audit and determine the alleged claim of one John J. Morrissey for work and services performed at the State Fair grounds in the month of July, 1917. It is certified to me by the Secretary of the New York State Fair Commission that Mr. Morrissey presented his bill at the time for all the work he performed for the Commission and that the same was paid. No other facts are before me and the bills are, therefore, disapproved. To Confer Jurisdiction on Court of Claims to Pass Upon Claims of the Town of Herkimer STATE OF NEW YORK EXECUTIVE CHAMBER Albany, May 12, 1920 Memorandum filed with Senate bill, Int. No. 1271, Printed No. 1509, entitled: "AN ACT to confer jurisdiction upon the court of claims to hear, audit and determine the claim of the town of Herkimer, in Herkimer county, against the state of New York, for damages alleged to have been sustained by said town and to render judgment therefor," and Assembly bill, Int. No. 1214, Printed No. 1379, entitled: "AN ACT to confer jurisdiction upon the court of claims to hear, audit and determine the claim of the town of Herkimer, in Herkimer county, against the state of New York, for damages alleged to have been sustained by said town and to render judgment therefor." NOT APPROVED. The above bills are identical. The claim of the town of Herkimer set forth in these bills has already been presented to the Court of Claims and that court held that the State was not liable. These bills seek to waive the State's immunity from liability for damages. Such procedure is objectionable, and these bills are, therefore, disapproved. To Confer Jurisdiction on Court of Claims to Hear and Determine the Claim of The Harriman Industrial Corporation STATE OF NEW YORK EXECUTIVE CHAMBER Albany, May 12, 1920 Memorandum filed with Senate bill, Int. No. 293, Printed No. 298, entitled: "AN ACT conferring jurisdiction upon the court of claims to hear, audit and determine the claim of The Harriman Industrial Corporation, . Incorporated, a domestic corporation, against the state for compensation for extra work, extra labor and extra materials furnished by such corporation in the construction of laundry building at Letchworth Village, Thiells, New York, and to render judgment therefor." NOT APPROVED. This bill is not approved for the reason that I have already approved an Assembly bill which is identical with it and which became chapter 737 of the Laws of 1920. To Confer Jurisdiction on Court of Claims to Hear and Determine Claims of Charles Flynn STATE OF NEW YORK EXECUTIVE CHAMBER Albany, May 12, 1920 Memorandum filed with Assembly bill, Int. No. 1682, Printed No. 2066, entitled: "AN ACT to confer jurisdiction upon the court of claims to hear, audit and determine the alleged claim of Charles Flynn against the state for personal injuries alleged to have been sustained by him on or about the fifteenth day of February, nineteen hundred and nineteen, in ejecting a certain woman from the assembly chamber while in the employ of the state as an assistant doorkeeper of the assembly and in the course of such employment, and to render judgment therefor." NOT APPROVED. After a reading of this bill I am unable to understand how the facts alleged could in any way be made to constitute a claim against the State. The bill is, therefore, disapproved. (Signed) ALFRED E. SMITH. To Confer Jurisdiction on Court of Claims to Pass Upon Claim of the Personal Representative of Patrick Walsh, Deceased EXECUTIVE CHAMBER STATE OF NEW YORK Albany, May 12, 1920 Memorandum filed with Assembly bill, Int. No. 274, Printed No. 279, entitled: "AN ACT to confer jurisdiction upon the court of claims to hear, audit and determine the alleged claim of the personal representative of Patrick Walsh, deceased, against the state for damages alleged to have been sustained by him and to render judgment therefor." NOT APPROVED. This bill confers jurisdiction on the Court of Claims to hear, audit and determine the alleged claim of the personal representative of Patrick Walsh, deceased. It is alleged that Walsh was in the employ of the State at Auburn prison as far back as 1891. The prison records contain the bare information that one Patrick Walsh was so employed but that the officials have no knowledge of any assaults having been made upon him. The State would, of course, be without defense. To Confer Jurisdiction on Court of Claims to Pass Upon the Claim of the Widow of Willard D. McKinstry, a Former Member of the State Civil Service Commission STATE OF NEW YORK EXECUTIVE CHAMBER Albany, May 12, 1920 Memorandum filed with Senate bill, Int. No. 1472, Printed No. 1751, entitled: "AN ACT to confer jurisdiction on the court of claims to hear, audit and determine the claim of Mary L. McKinstry, as executrix of the last will and testament of Willard D. McKinstry, deceased, against the state of New York, for balance of salary while serving as state civil service commissioner of the state of New York, and to render judgment therefor." NOT APPROVED. The bill confers jurisdiction upon the Court of Claims to hear, audit and determine the claim of the widow of a deceased former member of the State Civil Service Commission. The alleged claim. is predicated on the fact that the statute creating his office fixed his salary at five thousand dollars per year, but that during the years when he was a civil service commissioner the appropriation bill fixed his salary at an amount less than that fixed in the Civil Service Law. During his lifetime he accepted it without act or complaint. Furthermore, the appropriation bill carrying his salary was the last expression of the Legislature and operated as an amendment to the Civil Service Law so far as the matter of salary was concerned. I am unable to see any obligation, legal or moral, on the part of the State. The bill is, therefore, disapproved. (Signed) ALFRED E. SMITH. To Confer Jurisdiction on Court of Claims to Hear and Determine the Claim of Nat W. Herman STATE OF NEW YORK EXECUTIVE CHAMBER Albany, May 12, 1920 Memorandum filed with Senate bill, Int. No. 1459, Printed No. 1716, entitled: "AN ACT to confer jurisdiction on the court of claims to hear, audit and determine the alleged claim of Nat W. Herman against the state for an allowance alleged to be due him. by reason of service in the New York State Nautical School." NOT APPROVED. This bill confers jurisdiction on the Court of Claims to hear, audit and determine the claim of one Nat W. Herman against the State for the allowance which he alleges to be due him by reason of his service in the New York State Nautical School. The Chairman of the Board of Governons of the Nautical School certifies to me that the claimant Herman performed most of his work at the office of the Board of Governors rather than on board the Newport," and that he did so of his own choice; that his subsistence was available and he could have secured it if he had felt so disposed; that he was not deprived of it at any time. The Chairman of the Board of Governors of the Nautical School says that the claim is without merit and I agree with him. The bill is, therefore, disapproved. To Confer Jurisdiction on Court of Claims to Hear the Claim of Elmore Everett STATE OF NEW YORK EXECUTIVE CHAMBER - Albany, May 13, 1920 Memorandum filed with Senate bill, Int. No. 1373, Printed No. 1601, entitled: "AN ACT to confer jurisdiction on the court of claims to hear, audit and determine the claim of Elmore Everett against the state of New York for personal damages sustained by him while in the employ of the state highway department of the state of New York, and to render judgment therefor." NOT APPROVED. This bill purports to confer jurisdiction on the Court of Claims to hear the alleged claim of an employee of the State who claims to be ill because of his exposure to the elements five years ago. In no possible way could there be established liability on the part of the State after five years for any condition of health resulting from exposure to the elements. The State would be entirely without defense, and for the above reasons the bill is disapproved. (Signed) ALFRED E. SMITH. To Confer Jurisdiction on Court of Claims to Hear and Determine the Claim of Aldrich and Hall, Inc., and Ray S. Messenger, its Assignee STATE OF NEW YORK EXECUTIVE CHAMBER Albany, May 13, 1920 Memorandum filed with Senate bill, Int. No. 1336, Printed No. 1597, entitled: "AN-ACT to confer jurisdiction on the court of claims to hear, try and determine the claim of Aldrich and Hall, Incorporated, and Ray S. Messenger, its assignee, or either or both of them, against the state for the unpaid amount earned under barge canal terminal contract number seven for constructing dock wall at Fort Edward, New York; and for extra additional work performed, and damages sustained in connection therewith, and for interest on the amount found due from the date same should have been paid." NOT APPROVED. The claimants mentioned in this bill filed their notice of intention within the time prescribed by statute, but never filed a claim and it is now five years of age. No reason has been given to me for their failure to file a claim within the time prescribed by law. The bill is, therefore, disapproved. (Signed) ALFRED E. SMITH. |