MEMORANDUM FILED WITH ASSEMBLY BILL ACROSS THE NIAGARA RIVER-NOT AP- STATE OF NEW YORK EXECUTIVE CHAMBER Albany, June 1, 1905 Memorandum filed with Assembly bill number 1239, (Introductory number 133), entitled "An Act to enable the county of Erie and the town of Grand Island to construct a bridge from the town of Grand Island across the east branch of Niagara River to the mainland, and to issue bonds therefor." Not approved. Section 9 of this bill provides that "The improvements provided for in the foregoing sections of this act, excepting section two, shall not be commenced, nor shall bonds be issued therefor, nor shall any liability thereunder be incurred by the county of Erie or the town of Grand Island, unless at a general election the proposition whether the improvement hereinbefore provided for shall be made and such bonds issued shall have been submitted to the electors of the county of Erie and receive a majority vote of the electors of said county voting on said proposition, who are qualified to vote at a general election. Notice that the same will be so submitted shall be given by the county clerk of the county of Erie in the same manner that notice of the general election is given. The county clerk of Erie county shall provide upon the official ballot for the next general election for voting for and against the building of a bridge under this act. The result of such election shall be canvassed by the board of supervisors and declared in the same manner as the result of an election of the state and county officers." Chapter 643 of the laws of 1905, amending the election law relative to the duties of the Commissioner of Jurors of the County of Erie, transfers from the County Clerk of Erie County to the Commissioner of Jurors of said county the duty of giving notice of elections, and of providing ballots therefor. This bill should conform to the general law. In its present form it is defective, and I am precluded from considering the bill on its merits.. FRANK W. HIGGINS MEMORANDUM FILED WITH PRIVATE CLAIM BILLS NOT APPROVED STATE OF NEW YORK EXECUTIVE CHAMBER Albany, June 1, 1905 Memorandum filed with private claim bills waiving the statute of limitations or the provisions of the canal law relative to damages resulting from navigation of the canals. Not approved. The Code of Civil Procedure limits the jurisdiction of the Court of Claims in cases of private claims against the State to such as have accrued within two years before the claim is filed. The Canal Act provides that claims shall not be allowed for damages resulting from navigation of the canals." These bills empower the persons named therein to sue the State, while every other citizen is obliged to comply with the general law. It seems inexpedient to legislate for individuals in these matters. If the general law is too severe, it should be so amended as to enable all of a class to avail themselves of its provisions. FRANK W. HIGGINS MEMORANDUM FILED WITH SENATE BILL No. 1062 · AMENDING THE CHARTER OF BUFFALO NOT APPROVED STATE OF NEW YORK EXECUTIVE CHAMBER Albany, June 1, 1905 Memorandum filed with Senate bill number 1062, (Introductory number 514), entitled "An Act to amend chapter one hundred and five of the laws of eighteen hundred and ninetyone, entitled 'An Act to revise the charter of the city of Buffalo' in relation to the position of storekeeper in the fire department of said city." Not approved. The charter of the City of Buffalo provides that the Board of Fire Commissioners may appoint a chief engineer and such subordinates as it may deem necessary for the efficient working of the department, and that it shall, subject to the approval of the Common Council, fix the salaries of all its employees. This bill compels the employment of "a storekeeper whose salary shall be $1,400 per annum." I am unable to see any controlling reason for this insistence on the part of the State that the Buffalo Fire Department should have a storekeeper, and should pay him $1,400. If a storekeeper is necessary and if $1,400 is a proper compensation for the position, the Fire Commissioners and the Common Council have full power under the existing law to do all that this bill requires. Memorandum filed with Senate bill number 1097 (Introductory number 835), entitled "An act to amend section twenty-five of the agricultural law, entitled 'An act in relation to agriculture, constituting articles one, two, three, four and five of chapter thirty-three of the general laws,' relative to condensed milk." Not approved. Either the title of this bill is misleading or else the bill itself is defectively drafted. It does not, as suggested by the title, amend the agricultural law relative to condensed milk alone, but it establishes rules of evidence and procedure governing the possession and seizure of any article of food, the sale of which is prohibited by the agricultural law. These rules are in my opinion extraordinarily and unnecessarily arbitrary. They shift the burden of proof from the State to the accused and permit the trial of serious charges upon affidavits. I doubt that the procedure would be sustained as " due process of law." FRANK W. HIGGINS MEMORANDUM FILED WITH SENATE BILL No. 1289-RELATIVE TO A UNION RAILROAD PASSENGER STATION IN BUFFALO - NOT APPROVED STATE OF NEW YORK EXECUTIVE CHAMBER Albany, June 2, 1905 Memorandum filed with Senate bill number 1289 (Introductory number 538), entitled "An act creating a commission with power to agree upon a site and general plans of, and to contract for the location and building of a union railroad passenger station, yard, and therewith connected facilities and approaches thereto in the city of Buffalo, and tributary thereto to lease or sell and convey lands belonging to said city, to abandon and close now existing, and establish and open new, and change the location, width or grade of and otherwise improve docks, wharves, parks, streets and public places, and for these purposes to acquire lands and their appurtenances by condemnation proceedings or otherwise." Not approved. One insuperable objection exists to this bill which in my judgment renders unnecessary the further consideration of the |