LETTER TO M. F. IHMSEN REGARDING THE STORAGE OF BALLOTS IN NEW YORK ARMORIES STATE OF NEW YORK EXECUTIVE CHAMBER Albany, November 11, 1905 M. F. IHMSEN, ESQ., Secretary, Hoffman House, New York City. My Dear Sir: I am in receipt this morning of a communication from you, by the hand of Mr. J. W. Hamer, who called upon me for the purpose of requesting that I 'designate armories in Manhattan, the Bronx, Kings and Queens counties for the storage of ballots cast at the recent municipal election; also requesting that I order a sufficient military guard to protect them. As to the first request, I find in the military code, the following provision: 66 "On occasions of State or national importance, upon the recommendation of the major general commanding the National Guard, * * * the Governor shall have the power to allow the use of armories for such purposes as may appear expedient to him * * * on the delivery to the commanding officer of the brigade in whose jurisdiction the armory is located, of a bond approved by him and executed by the persons, associations or corporations proposing to use the armory, in an amount approved by him, conditioned that such persons will indemnify and save harmless the State and the county in which the armory is located; * * * and also to pay all expenses of heating and lighting, and for janitor and for other services connected with such use." It would seem, therefore, that application for the use of the armories desired, should first be made to General Charles F. Roe, major-general commanding; and I shall be glad, upon his recommendation, to exercise the power conferred upon me by the section of the Military Code above quoted. As to the second request, ample provision is made in the Election Law for a recanvass, through the machinery of local courts, of the vote cast in any election district in the State. This is purely a judicial proceeding. It does not appear to me that a condition of insurrection, invasion, tumult, riot or breach of the peace exists in the city of New York, which is a condition which must precede the active interference by the Governor with the local authorities in the administration of law in the various localities of the State; especially in view of the fact that section 86 of the Military Code makes ample provision "in case of any breach of the peace * * * sistance to process of this State, or imminent danger thereof, for a justice of the Supreme Court or other local judicial authority to call for aid upon the commanding officer of the National Guard or Naval Militia stationed therein or adjacent thereto." Proceedings of this character should always be conducted by the courts, especially when ample provision is made for every emergency that may arise in the proceedings. or re I must decline to interfere with the disposal of the ballot boxes, or to determine where they shall be stored. I am willing to give my consent, when proper application is made in accordance with the military Code, for such use of the armories in this emergency as the court may feel disposed to make. Yours truly, FRANK W. HIGGINS International Brotherhood of Railway Trainmen, Buffalo...... 251 247 243 New York city, Amen Corner dinner.. 245 Batavia, alleged nuisance at, order directing examination into .... 203 Dewey, sheriff of Rockland county, letter to, concerning alleged violations of the liquor tax law.. 258 Ihmsen, M. F., letter to, regarding the storage of ballots in 261 .... Jerome, District Attorney, letter to, regarding the Equitable 257 .... 254 Mayor of New York, letter to, regarding the water supply bill. 255 259 Surrogates, letter to, calling attention to consular convention 260 206 Court of Appeals, designation of Justice Chase to.. Depew, Chauncey M., certificate of election as United States senator .. Dodds, William O., sheriff of Montgomery county, charges against, appointment of commissioner order of removal from office and opinion. Harris, George W., extradition, decision on. Hornellsville, alleged nuisance at, order directing examination 199 Hufnail, Frank F., county clerk of Montgomery county, charges commissioner to take testimony. order of removal from office and opinion.. 169 58 172 Kilburn, F. D., superintendent of banks, letter in reply to charges 102 charges dismissed 105 charges against, by depositors of the German Bank of Buffalo. 195 Lands, designation of John F. O'Brien to purchase.... Memoranda filed with approved bills Page appropriation act (A. 2272) ... 118 liquor tax law, bills amending, relative to hotels (S. 1552 and 856). 114 mortgages, bill providing for taxation (S. 1531).......... 121 railroad corporations, bill regarding incorporation and powers 117 railroad law, bill amending, relating to inspection of boilers 98 stock transfers, bill providing for tax on (S. 892). supply bill, supplemental (A. 2381).. 66 127 62 125 Utica courthouse bill water supply of New York, bill relating to (A. 2361)............. agricultural law, bill amending, relating to condensed milk appropriation bill, items in (A. 2272). Barker, Adelia Queenie, bill for relief of (A. 2208). bills not accepted by the mayors of cities.. Buffalo, union railroad passenger station at, bill relating to Niagara river, bill providing for bridge across at Grand private claim bills, waiving provisions of canal law.. public officers appointed in violation of Civil Service Law, bills sheriff and register of Kings county, bill raising salaries of sheriff of New York, bill relating to salary (S. 203).. supplemental, items in (A. 2381)........ supply bill, items in (A. 2354).... taxable transfers of property, bill relating to (A. 2331) 145 146 IIO 147 106 107 134 129 Messages annual agriculture .. appropriations. banks.. 12 building and loan associations. 18 42728 16 |