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Authorizing the Construction of Barge Canal Grain Terminals

at Gowanus Bay and at Oswego, and Making an Appro-
priation Therefor
STATE OF NEW YORK — EXECUTIVE CHAMBER

Albany, May 10, 1920 Memorandum filed with Senate bill, Int. No. 1713, Printed No. 2227, entitled :

"An Act authorizing the construction of Barge Canal grain

terminals at Gowanus bay, in the city of New York,

and at Oswego, and making appropriation therefor.” APPROVED.

This bill makes an appropriation for the construction of barge canal grain terminals at Gowanus Bay, in the City of New York, and at Oswego, on Lake Ontario.

This I regard as a very important step toward the completion and equipment of the canal. Sixty per cent of its business is the carrying of grain from the west, and until it is equipped with elevators it cannot enter into competition with the railroads. The bill is therefore approved.

(Signed) ALFRED E. SMITH.

Conferring Jurisdiction on Court of Claims to Hear the Claim of Grace E. Gunter STATE OF New YORK — EXECUTIVE CHAMBER

Albany, May 11, 1920 Memorandum filed with Assembly bill, Int. No. 391, Printed No. 607, entitled :

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

hear, audit and determine the alleged claim of Grace E. Gunter, personally and as administratrix of the estate of Charles J. Gunter, deceased, against the state, for damages for the death of said deceased, alleged to have occurred as the result of an assault made upon him on the seventeenth day of April, nineteen hundred and nineteen, by Walter Levandowsky or Leo Jankowski, or both, inmates of Clinton prison, while in the employ of the state as a nurse in Clinton prison and in the course of such employment, and to render judgment

therefor.” This bill confers jurisdiction upon the Court of Claims to hear, audit and determine the alleged claim of Grace E. Gunter, the widow of a guard at Clinton Prison who was murdered by two inmates while in the discharge of his duty.

Notwithstanding that she has received the benefit accruing from Workmen's Compensation, I believe that she should be permitted to present her claim to the State, to the end that the officials in

charge of the wards of the State may be encouraged by the belief that, when they meet with dangerous accident or death in the faithful discharge of their duties, the State will stand behind them to the last degree. The bill is therefore approved.

(Signed) ALFRED E. SMITH.

Amending the Civil Service Law, Establishing a Pension Fund for State Employees and Making an Appropriation Therefor STATE OF NEW YORK — EXECUTIVE CHAMBER

Albany, May 11, 1920 Memorandum filed with Assembly bill, Int. No. 1409, Printed No. 1630, entitled :

"An Act to amend the civil service law, in relation to retire

ment of officers and employees in the state civil service,

and making an appropriation for expenses.” APPROVED.

This bill establishes a pension fund for the civil service employees of the State. It is the result of the work performed by the Commission on Pensions, authorized by Chapter 414 of the Laws of 1918. The benefits are to be paid from contributions made by the State ånd by the employees in equal amounts, except that the State assumes the entire liability for pensions based upon past service.

I regard this bill as a constructive measure. It establishes a sound pension retirement plan with a proper actuarial basis. The bill is therefore approved.

(Signed) ALFRED E. SMITH.

Establishing a Comprehensive Plan for the Rehabilitation of

Physically Handicapped Persons, and Making an Appro-
priation Therefor
STATE OF New YORK — EXECUTIVE CHAMBER

Albany, May 13, 1920 Memorandum filed with Assembly bill, Int. No. 1382, Printed No. 1603, entitled :

An Act to accept the provisions of any law of the United

States making an appropriation to the states for the rehabilitation of physically handicapped persons, to amend the workmen's compensation law, in relation to the maintenance of employees undergoing rehabilitation, and to amend the education law, in relation to the rehabilitation of physically handicapped persons, and making an appropriation therefor.”

APPROVED.

This bill was recommended in my Annual Message to the Legislature this year. It establishes a comprehensive plan for the rehabilitation of physically handicapped persons. Under its provisions the State of New York is authorized to accept any law passed by the United States Government making an appropriation for such purpose. A bill of this character now pending in Congress, it is estimated will yield the State of New York $75,000.

Approximately 350,000 industrial accidents occur annually in the State of New York. It is estimated that the same number of accidents take place outside of industrial establishments. A large percentage of the injuries result in permanent disabilities. It has been demonstrated that persons who become permanently crippled, although debarred from many occupations, can almost without exception be fitted by special training for some trade or occupation in which such person will become self-supporting, notwithstanding his disability.

This bill has been approved by the Education Department, Department of Health and the State Industrial Commission.

I believe that the State, in entering upon this program of rehabilitation for disabled persons is adopting another constructive measure. The bill is therefore approved.

(Signed) ALFRED E. SMITH.

Amending the Civil Rights Law, in Relation to the Right of

Appeal
STATE OF New YORK — EXECUTIVE CHAMBER

Albany, May 17, 1920 Memorandum filed with Senate bill, Int. No. 755, Printed No. 803, entitled :

“An Act to amend the civil rights law, in relation to right

of appeal. APPROVED.

This bill proposes an amendment to the Civil Rights Law, guaranteeing to our citizens the right to appeal to the Legislature, or to any public officer, board, commission, or other body, for the redress of grievances.

I am informed that there are laws on our statute books, having particular reference to uniformed city employees, prohibiting them from appearing before legislative bodies on matters of legislation affecting their interests.. Such laws are in absolute contravention of article I, section 9, of the State Constitution, which reads as follows:

“No law shall be passed abridging the right of the people peaceably to assemble and to petition the government, or any department thereof. * *

If this bill had no other purpose but to nullify any existing provision of law in contravention of that section of the Constitution, it should be signed. It has been urged that it is unnecessary. I hold otherwise. As the law stands until set aside by the courts, obviously no man affected by the provisions of any statute abridging that right would be in a position to test its constitutionality. In all probability, he would be compelled to first violate it That should not be asked of any citizen.

The Civil Service Reform Association, in a memorandum filed against the bill, said that it would be unfortunate to allow policemen and firemen to appear in the halls of the Legislature for the purpose of urging legislation for their own benefit.

I am of the opinion that it would be a great deal better to have firemen and policemen come before the Legislature themselves than to be represented by paid attorneys and paid agents whose business it seems to be to constantly dig up something new in order to justify their retainers.

I can see no harm in declaring by statute what seems to be agreed by all to be a constitutional right. For these reasons the bill is approved.

(Signed) ALFRED E. SMITH. .

the

Conferring Jurisdiction on Court of Claims to Hear the Claim of

the Iron Ledge Company
STATE OF NEW YORK — EXECUTIVE CHAMBER

Albany, May 20, 1920 Memorandum filed with Assembly bill, Int. No. 389, Printed No. 409, entitled :

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

audit and determine the alleged claim of the Iron Ledge Company against the state for alleged breach of contract

for highway improvement." APPROVED.

A bill similar to this was disapproved by me last year. The veto of last year's bill was based upon information furnished to me in reference to this case. It now appears that such information was wrong and that a mistake was made in the information furnished me. The bill is, therefore, approved.

(Signed) ALFRED E. SMITH.

ence to this cases based upon informy me last year.

Making an Appropriation for the Purchase of Radium in the

Treatment of Cancer at the State Institute for the Study
of Malignant Disease
STATE OF NEW YORK — EXECUTIVE CHAMBER

Albany, May 20, 1920 Memorandum filed with Senate bill, Int. No. 356, Printed No. 1435, Assembly Reprint No. 2264, entitled :

"An Act making an appropriation for the State Institute for

the Study of Malignant Disease, for the purchase, care

and use of radium.” APPROVED.

This bill makes an appropriation of $225,000 for the purchase of radium, to be used at the State Institute for the Study of Malignant Disease in the treatment of cancer.

It is well known that treatments for this disease are now made with radium, but they are confined to persons of sufficient wealth to be able to pay for the treatments. It is certified to me by the doctors in charge of the institute, and that is backed up by a written memorandum from the State Department of Health, that the State Institute for the Study of Malignant Disease at Buffalo could make this treatment available to people suffering from cancer who are unable to pay what would be required at a private institution. Research into the causes of the disease of cancer and the development of means of attacking it is very important to the people of this State. The property in Buffalo used by the State Institute was granted to it by Mrs. Gratwick, and wonderful progress has been made in the short space of time that they have been experimenting with this disease. Radium is practically indestructible and lasts forever. The quantity which will be purchased here will be very small, and the price looks very large; but in view of the faot that the State will have it for all time and that it is undoubtedly effective in checking the ravages of this terrible disease and can be made available to those who would be unable to receive the treatment otherwise means, in my opinion, a great deal to this State. The bill is, therefore, approved.

(Signed) ALFRED E. SMITH.

with this the quantity whicery large ; but it is undoubt

Making an Appropriation for the Improvement of Fulmer Creek,

at Mohawk, Herkimer County
STATE OF NEW YORK — EXECUTIVE CHAMBER

Albany, May 20, 1920 Memorandum filed with Assembly bill, Int. No. 1213, Printed No.

1378, eman Act to provide the county of

· "An Act to provide for the improvement of Fulmer creek,

at Mohawk, in the county of Herkimer, and making an appropriation therefor.”

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