Page images
PDF
EPUB

To Confer Jurisdiction on Court of Claims to Hear the Claim

of Edwin A. Mix
STATE OF New YORK — EXECUTIVE CHAMBER

Albany, May 18, 1920 Memorandum filed with Senate bill, Int. No. 1573, Printed No. 1993, entitled:

"An Act to confer jurisdiction on the court of claims to

hear, audit and determine the claim of Ervin A. Mix against the state for damages alleged to have been sustained by him while in the employ of the state at the Binghamton State Hospital, and to render judgment

therefor.' Not APPROVED.

This bill is in contravention of the well established policy of the State that the claimant could not recover under the circumstances recited in the bill. He was an employee of the State, that is, a blacksmith working in a blacksmith shop connected with the Binghamton State Hospital, and in the course of such employment it is alleged that he was injured by being struck in the eye with some metallic or other substance. The bill provides that if such facts are established the claimant shall become entitled to an award against the State. The only defense left to the State by the terms of the bill is its ability to prove, if it can, that the accident did not happen. The State is deprived of its defense of showing that such accident was entirely the result of the carelessness of the claimant and deprived of any other defense it might otherwise have had. For the above reasons, the bill is disapproved.

(Signed) ALFRED E. SMITH.

tablished the The only defensif it can, thate of showing

To Confer Jurisdiction on Court of Claims to Hear the Claim

of John H. Hasbrouck, Kathryn Leonhard and Walter D.
Hasbrouck for Emily S. Burnett
STATE OF New York — EXECUTIVE CHAMBER

Albany, May 18, 1920. Memorandum filed with Senate bill, Int. No. 295, Printed No. 412, entitled :

“An Act to confer jurisdiction on the court of claims to

hear, audit and determine a claim by John H. Hasbrouck, Kathryn Leonhard and Walter D. Hasbrouck as trustee of the estate of the late Josiah Hasbrouck, for Emily S. Burnett for damages to the Sleightsburgh ferry on Rondout creek by the construction of state route number three and a bridge in connection therewith.”

Not APPROVED.

This bill assumes to impose liability on the State for the destruction of the value of a ferry maintained by the claimants at Rondout Creek.

Recently the State let a contract for the erection of a bridge at a point on the creek above where the present ferry is maintained. The bridge connects the State highway, making a through route from Albany to New York on the west bank of the Hudson River. The bridge is an important public necessity, and I am unable to understand by what process of reasoning anybody can arrive at the conclusion that the State when progressing a public improvement of this nature, providing free access to her people over a public highway, should be called upon to compensate the owner of a monopoly or private privilege to operate a ferry.

This would establish a dangerous precedent, and the bill is therefore disapproved.

(Signed) ALFRED E. SMITH.

To Confer Jurisdiction on Court of Claims to Hear the Claim

of the Owners of Certain Lands in Township five, Brown's
Tract, Herkimer County
STATE OF NEW YORK — EXECUTIVE CHAMBER

Albany, May 18, 1920 Memorandum filed with Senate bill, Int. No. 690, Printed No. 724, entitled :

"An Act to confer jurisdiction upon the court of claims to

hear, audit and determine the alleged claim of the owners of certain lands in township five, Brown's tract, Herkimer county, against the State of New York, for damages alleged to have been sustained by them and to

render judgment therefor." Not APPROVED.

This is a claim for damages for appropriation by the State in 1896 of lands in township five, Brown's tract, Herkimer County.

I vetoed a similar bill last year, and a similar bill was vetoed in 1918. It seems to me that if the claimants herein mentioned would devote the same time and energy, in an attempt to convince the Attorney-General of the righteousness of their claims, that they have in passing bills through the Legislature to empower the Court to hear it, that they would probably have collected it by this time, if they have any right to it. For the above reasons, the bill is disapproved.

(Signed) ALFRED E. SMITH.

[ocr errors]

To Confer Jurisdiction on Court of Claims to Hear Claims for

Damages Caused in the Construction of the Barge Canal
Terminal at Schenectady
STATE OF NEW YORK — EXECUTIVE CHAMBER

Albany, May 18, 1920 Memorandum filed with Senate bill, Int. No. 1654, Printed No. 2117, entitled :

"An Act to confer jurisdiction upon the court of claims to

hear, audit and determine certain claims against the state for damages alleged to have been sustained by reason of the appropriation by the state of claimants' ordinary riparian rights and damages incidental to the construc

tion of the barge canal at Schenectady, New York.” Not APPROVED.

This bill purports to confer jurisdiction upon the Court of Claims to hear, audit and determine certain claims against the State for damages alleged to have been sustained by reason of the appropriation by the State of land and damages incidental by the construction on the Barge Canal terminal at Schenectady.

I am informed by the office of Superintendent of Public Works that in the construction of the terminal in question the State served six appropriation maps and has settled in full with the claimants from whom said property or property-rights were taken.

It is urged by the attorney for the claimants that the State has not clear title. The Superintendent of Public Works holds that in addition to the six parcels for which appropriation maps were filed and settlement was made in full, seven other persons owned property bordering on this location ; but he holds that they had no interest or title in the nature of riparian rights to the waterway, and, as no part of the upland of these seven was appropriated or in any way disturbed, he disputes their claims entirely. For the above reasons, the bill is disapproved.

(Signed) ALFRED E. SMITH.

To Authorize the Canal Board to Settle and Adjust Claims and

Demands of Water Power Claimants and Owners of Water
Power Rights and Privileges Appurtenant to State Canal
Dams
STATE OF New YORK — EXECUTIVE CHAMBER

Albany, May 19, 1920 Memorandum filed with Assembly bill, Int. No. 1437, Printed No. 1658, entitled :

"An Act to authorize the canal board to compromise, settle

and adjust the claim and demands of water power claimants and owners of water power rights and privileges appurtenant to state canal dams constituting a part of the improved canals.”

and demands ofiberges appurten the policy of a pering to the dainit is

Not APPROVED.

I vetoed last year a similar bill to this which contained the same principle and substantially the same language.

It seeks to authorize the Canal Board to settle and adjust claims and demands of water power claimants and owners of water power rights and privileges appurtenant to State canal dams. If enacted into law, this would develop the policy of permitting the Canal Board to settle claims against the State by granting to the claimants water power rights now the property of the State itself. It is directly contrary to the attitude that I have taken in regard to water power development, and I cannot put my name to any bill in the light of the past history of this State in regard to water power development that will permit grants of water power rights to private individuals, which rights belong to all the people of the State.

(Signed) ALFRED E. SMITH.

IV

MEMORANDA ON LEGISLATIVE BILLS APPROVED

[401]

« PreviousContinue »