the Constitution and the statute in such case made and provided, the HONORABLE GEORGE L. INGRAHAM of the county of New York, who is a justice of the Supreme Court of the First Judicial District, is hereby redesignated as an associate justice of the Appellate Division of the Supreme Court in and for the First Judicial Department, for a term of five years from and after the first day of January, 1906, his prior designation as such associate justice being about to expire. GIVEN under my hand and the Privy Seal of the State at the Capitol in the city of Albany this eighth day [L S] of December in the year of our Lord one thousand nine hundred and five. By the Governor : FRANK W. HIGGINS FRANK E. PERLEY Secretary to the Governor. REDESIGNATION OF JUSTICE PATTERSON TO THE APPELLATE DIVISION, FOR THE FIRST DEPARTMENT STATE OF NEW YORK EXECUTIVE CHAMBER IT APPEARING to my satisfaction that the public interest requires it; THEREFORE, In accordance with section two of article six of the Constitution and the statute in such case made and provided, the HONORABLE EDWARD PATTERSON of the county of New York, who is a justice of the Supreme Court of the First Judicial District, is hereby redesignated as an associate justice of the Appellate Division of the Supreme Court in and for the First Judicial Department, for a term beginning January 1, 1906, and ending with his term of office on December 31, 1909, his prior designation as such associate justice being about to expire. [LS] GIVEN under my hand and the Privy Seal of the State at the Capitol in the city of Albany this eighth day of December in the year of our Lord one thousand nine hundred and five. By the Governor : FRANK W. HIGGINS FRANK E. PERLEY Secretary to the Governor DESIGNATION OF JUSTICE COCHRANE TO THE APPELLATE DIVISION, THIRD DEPART MENT STATE OF NEW YORK EXECUTIVE CHAMBER IT APPEARING to my satisfaction that the public interest requires it; THEREFORE, In accordance with section two of article six of the Constitution and the statute in such case made and provided, the HONORABLE AARON V. S. COCHRANE of the county of Columbia, who is a justice of the Supreme court of the Third Judicial District, is hereby designated as an associate justice of the Appellate Division of the Supreme Court, in and for the Third Judicial Department, for the term of five years from and after the 9th day of January, 1906, in the place of the Hon. Emory A. Chase, whose term as an associate justice of said department is about to expire. [LS] GIVEN under my hand and the Privy Seal of the State at the Capitol in the city of Albany this eighth day of December in the year of our Lord one thousand nine hundred and five. THE COMMISSIONER OF HEALTH TO EXAM- STATE OF NEW YORK EXECUTIVE CHAMBER TO THE COMMISSIONER OF Health: Having been presented with a petition signed by one Hiram Swezey of the village of Batavia, N. Y., alleging that said village of Batavia has permitted for a long time past, and is at present permitting the flow from certain of its sewers along East Main street to spread over and settle upon portions of his land situate in said village, thereby creating a public nuisance and menace to the health and comfort of said Swezey and his family, and of those dwelling in that section of said village or who are obliged to pass along the streets in that vicinity. I, therefore, require of you, in accordance with the provisions of section 6 of article I. of the Public Health Law, to make an examination into the alleged nuisances and questions affecting the security of life and health in the locality aforesaid, and to report the results thereof to me on or before the first day of February, 1906. Dated at the Capitol in the city of Albany this twelfth [LS] day of December in the year of our Lord one thousand nine hundred and five. By the Governor : FRANK E. PERLEY FRANK W. HIGGINS Secretary to the Governor MATTER OF ALBERT T. PATRICK APPLICATION FOR A STAY OF EXECUTION OF SENTENCE- MEMORANDUM STATE OF NEW YORK EXECUTIVE CHAMBER Albany, December 19, 1905 In the matter of Albert T. Patrick. Memorandum: Albert T. Patrick, convicted on the 7th day of April 1902, on an indictment charging him with the murder of William M. Rice on or about the 23rd day of September, 1900, and now confined in Sing Sing Prison under sentence of death to be executed in the week of January 22, 1906, has presented to me his personal informal application for a stay of execution of sentence and for an order relieving him from solitary confinement and directing the warden of Sing Sing Prison to take him out of prison during business hours to enable him personally to prepare and bring further proceedings in the courts in his case. In this communication Patrick states that he will neither apply for or accept Executive clemency. The Governor has power to exercise clemency by granting reprieves, commutations or pardons. He has no power to grant the relief now asked for by Patrick. I am advised by Hon. David B. Hill, of counsel for Patrick, that his attorneys have under advisement further proceedings in the courts, or, ultimately, if need be, an application to the Governor for a commutation or pardon, together with a respite pending the determination thereof. On such an application I have power to conduct a hearing, personally or by a referee, to subpoena witnesses, to compel the production of books and papers, and to administer oaths. The present petition is denied, but without prejudice to an application for Executive clemency. FRANK W. HIGGINS APPOINTMENT OF AN EXTRAORDINARY TRIAL TERM AT MINEOLA, AND DESIGNATION OF JUSTICE ROGERS THERETO STATE OF NEW YORK EXECUTIVE CHAMBER It appearing to my satisfaction that the public interest requires it; THEREFORE, In accordance with the statute in such case made and provided, I do hereby appoint an Extraordinary |