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of these trucks so that they can be used by the various towns and counties during this season.

I believe, however, that there should be an amendment in the future to this provision of the Highway Law requiring a closer accounting and closer supervision upon the part of the Highway Department of the State. The bill is approved.


Providing for the Submission to the People the Question of a

Bond Issue for the Payment of a Bonus to Those who
Served in the World War

Albany, May 21, 1920. Memorandum filed with Assembly bill, Int. No. 107, Printed No. 2282, entitled :

“An Act making provision for issuing bonds to the amount

of not to exceed forty-five million dollars for the payment of a bonus to persons who served in the military or naval service of the United States at any time between the sixth day of April, nineteen hundred and seventeen, and the eleventh day of November, nineteen hundred and eighteen, and providing for the submission of the same to the people to be voted upon at the general election to be held in the year nineteen hundred and

twenty.” APPROVED.

This bill provides for the submission to the people at the fall election of the question: “Shall the State bond itself in an amount not to exceed forty-five million dollars, the proceeds from 'the sale of such bonds to be distributed by a commission to every person, male or female, who was enlisted, inducted, warranted or commissioned, and who served honorably in active duty in the military or naval service of the United States at any time between the sixth day of April, .1917, and the eleventh day of November, 1918, for a period longer than two months, and who at the time of entering into such service was a resident of the State of New York, and is à resident at the time this act takes effeat, and who was honorably separated or discharged from such service, or who is still in active service, or has been retired, or has been furloughed to be a reserve.”

The amount to be distributed is ten dollars per month for each month or major fraction thereof that such person was in active service, not exceeding a total to any one person of two hundred and fifty dollars.

No payment that this State could make would be ample to reward the faithful men and women who offered themselves to this country when she was called upon to preserve the civilization of the world.

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The State, however, feels that some token of recompense, small and inadequate though it may be, should be offered as expressing, no matter how feebly, the gratitude and appreciation which is in the heart ,of every member of the commonwealth. The bill has my approval, and it rests with the people for their decision at the fall election. The bill is, therefore, approved.


Making an Appropriation to Repair the Canal Feeder in the

City of Oneida

Albany, May 21, 1920. Memorandum filed with Senate bill, Int. No. 773, Printed No. 821, entitled :

"An Act to provide for improving the Oneida feeder, in

the city of Oneida, and making an appropriation

therefor.” APPROVED.

This bill makes an appropriation of $15,000 to repair the canal feeder passing through the City of Oneida.

It is certified to me by the Superintendent of Public Works that this feeder is in need of repair, that it is State property and maintained by the State, and that if necessary repairs are not made to it this year such repairs would be much more extensive in another year. There are no funds appropriated to the Department of Public Works out of which these necessary repairs can be made. For these reasons, the bill is approved.


Prohibiting the Manufacture and Sale of Intoxicating Liquors,

Declaring Beer Containing 2.75 per cent or Less of Alcohol
Non-Intoxicating and Providing for the Regulation by the
State of Its Sale and the Placing of Taxes Upon Licenses

Albany, May 24, 1920. Memorandum filed with Senate bill, Int. No. 851, Printed No. 1921, entitled :

"An Act prohibiting the manufacture, sale, transportation,

importation, and exportation of intoxicating liquors for beverage purposes, providing a penalty therefor, in relation to traffic in certain non-intoxicating beverages, and amending the liquor tax law and adapting the provisions of such chapter to conform to the eighteenth amendment to the constitution of the United States.”


This amendment to the law in brief provides for the sale of beer in restaurants and hotels in cities of the first and second class, and declares beer containing 2.75 per cent or less of alcohol, by weight, to be non-intoxicating and further provides for the regulation by the State of its sale, putting certain taxes upon the license issued by the State in each instance.

In January, 1919, the Legislature of this State ratified the Eighteenth Amendment to the Federal Constitution, which amendment was commonly known as the amendment providing for prohibition, One year later, the same Senate and the Assembly, under the identical leadership, has now declared beer containing 2.75 per cent alcohol by weight to be non-intoxicating.

In the opinions of experts laid before me, there is a sharp division of opinion, those declaring it to be intoxicating being about equal in number with those declaring it to be non-intoxicating; and I feel that I am placed in the position of having before me the legislative declaration that such beer is non-intoxicating. If representative democratic government means anything, it surely means that when a substantial majority of both Houses makes its declaration upon a matter of this sort, it is representative of the majority sentiment of the State.

In the absence of anything concrete and definite upon which I could predicate reasons for disagreement with the legislative declaration, I feel that this bill should be approved. Accordingly, it is so approved.


Regulating Boxing and Sparring Matches, Establishing a State Boxing Commission and Making an Appropriation Therefor STATE OF NEW YORK — EXECUTIVE CHAMBER

Albany, May 24, 1920. Memorandum filed with Senate bill, Int. No. 93, Printed No. 1294, Assembly Reprint No. 2250, entitled :

"An Act allowing and regulating boxing and sparring

matches, and establishing a state boxing commission,

and making an appropriation therefor.” APPROVED.

The purpose of this bill is to allow and regulate boxing and sparring matches and to establish a commission for such regulation.

In some quarters of the State there appears to be a pretty general misunderstanding of all the circumstances surrounding a boxing or a sparring match. There is nothing in the law of the State of New York to prevent boxing or sparring matches, but the law does provide that no admission can be charged, nor can they be open to the general public, but are supposed to be conducted under the auspices of private membership organizations. The real truth about the matter is that the purpose and intent of that law is being evaded by permitting any person, upon becoming a member of such an organization, to witness the match, the dues paid for membership taking the place of the admission fee; and this is going on absolutely without regulation of any kind by the State.

It is urged by those opposed to the bill that it may give rise to abuses which they felt came into being under previous legislative enactments for the control of this sport. No bill could be more carefully drawn to safeguard the sport from those who would use it for profit only, than the one before me. The proposed bill provides for licensing every one identified with the sport of boxing and sparring, no matter how far removed from the actual participation, and leaves to the State the power to deal with them by withdrawal of the license when their conduct is such as not to promote the welfare of this form of amusement. The old law, repealed several years ago, contained no such safeguards. No license can be issued under the proposed bill to any but a bona fide corporation which shall have given a bond and which must either own a building or have a lease thereon for a term of not less than one year. In this respect the proposed bill differs from the old law, and will have for its purpose the discouragement of fly-by-night organizations whose control would be in the hands of irresponsible promoters.

The bill contains a provision for an unpaid board of license, thereby lifting that important feature from the sole control of the board of commissioners, whose duties it will be to administer the law.

Under this bill the sport is further safeguarded by preventing, directly or indirectly, any corporation from having any interest in a competitor on the premises of that corporation.

Ample provision is made for a physical examination of the contestants by licensed physicians, who must be present at the ringside. There is an age limit for both contestants and patrons, Unfair matches will be prevented by its provisions, and ticket-scalping will be impossible, in that all tickets of admission must bear clearly on their face the purchase price of the same. The bill requires the presence of a State official at the ringside of each contest.

The bill was opposed by a very small group, while, on the other hand, it has the almost unanimous approval of the Legislature and of the American Legion, and over a thousand clergymen of all denominations, who might be expected, if this bill did not deal cleanly with a legitimate sport, to oppose it, have written me urging my signature.

The stress of the times demands healthy and wholesome amusement for the men of the State, and when an amusement can be afforded, under such rigid restrictions and control by the State itself as this bill provides, no possible harm, and on the other hand a great amount of good, can and will result from its enactment. For all of the above reasons the bill is approved.




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