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although not by any means to the extent alleged, was admitted; but it appears that the Appellate Division is already taking steps to correct them. It is to the highest degree undesirable that the legislature should take from the courts the power of determining their own calendar unless for the most incontrovertible reasons.

THEODORE ROOSEVELT

STATE OF NEW YORK

Executive Chamber

Albany, May 5, 1900

Memorandum filed with Assembly bill No. 2043, introduced by Mr. Trainor, entitled “An Act authorizing the board of estimate and apportionment of the city of New York to audit and allow and also authorizing the comptroller of the city of New York to pay to certain persons compensation for services actually rendered to the city of New York in the department of health in the years eighteen hundred and ninety-nine and nineteen hundred, prior to the classification and preparation of municipal civil service eligible lists for the position of anti-toxin accountant in said department" -Not approved

This bill relates to a remarkable case of violation of the rules, that the civil service reform association has followed for some time, and with which it has dealt in various ways. As a matter of fact, no such positions as those described existed at the time the men were put in the department as bookkeepers, and there kept in violation of the law. In

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an examination for permanent appointment, one failed to get on the list and one was so low down that he could not be reached. They were still continued, however, no appointments being made from the list that was formed; and a month ago the special title now given was created for them under circumstances that are about to be questioned in the courts. If these men, or in fact any others who are the proposed beneficiaries of these claim bills, have performed actual services for which they have not been paid, the new civil service law contains a special provision giving them the right to recover the amounts claimed from the officers who were responsible for their selection.

THEODORE ROOSEVELT

STATE OF NEw York

Executive Chamber

Albany, May 5, 1900

Memorandum filed with Senate bill No. 1076, introduced by Senator Thornton, entitled “An Act to confer jurisdiction upon the court of claims to hear, audit and determine the alleged claim of George L. Gordon against the State for damages alleged to have been sustained by him and to render judgment therefor"- Not approved

This bill is not approved by the Attorney General. THEODORE ROOSEVELT

STATE OF NEW YORK

Executive Chamber

Albany, May 5, 1900

Memorandum filed with Assembly bill No. 1954, introduced by Mr. Axtell, entitled “An act to amend the Fish, Forest and Game law relative to hooking coarsefish in Oulcout creek in Delaware-county"- Not approved

This bill does not meet with the approval of the Fish, Forest and Game Commission.

THEODORE ROOSEVELT

STATE OF NEW YORK

Executive Chamber

Albany, May 5, 1900

Memorandum filed with Assembly bill No. 1756, introduced by Mr. Barnes, entitled “An Act to amend section one of chapter three hundred and thirty-eight of the laws of eighteen hundred and ninety-eight, entitled 'An Act to supply the village of Watkins with pure and wholesome water and to provide for the construction and maintenance of a system of sewers in said village'"- Not approved

This bill is wrongly numbered. It purports to amend section I of the act entitled "An Act to supply the village of Watkins with pure and wholesome water". It is section 10 that should have been amended. Senator WILLIS' bill on the same subject has already been signed.

THEODORE ROOSEVELT

STATE OF NEW YORK

Executive Chamber

Albany, May 5, 1900

Memorandum filed with Assembly bill No. 1776, introduced by Mr. J. L. Smith, entitled “An Act to amend the fish, forest and game law relative to services at forest fires” Not approved

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A similar bill introduced by Senator CHAHOON has been signed.

THEODORE ROOSEVELT

STATE OF NEW YORK

Executive Chamber

Albany, May 5, 1900

Memorandum filed with Assembly bill No. 1922, introduced by Mr. Phipps, entitled "An Act to amend the election law, and authorizing the town clerk to administer oaths to primary election officers" - Not approved

This bill is to authorize two clerks to administer oaths. at primaries. This bill is unnecessary. There are always present notaries public or justices of the peace and there seems no necessity to have town clerks do the work of a notary public in this particular instance.

THEODORE ROOSEVELT

State of New York

Executive Chamber

Albany, May 5, 1900

Memorandum filed with Senate bill No. 757, introduced by Senator Malby, entitled "An Act to amend the provisions of title five of the penal code relating to crimes against the elective franchise" - Not approved

This bill sought to amend the penal code in relation to crimes against electoral franchises. The object sought to be accomplished by this bill was apparently a good one but by a mistake either of the printer or in the drafting the practical effect of the bill should it become a law entirely supersedes section 41-T of the penal code, which relates to intimidation of voters. This would be a great step backwards and a wrong to the people of the State which could not for an instant be tolerated.

THEODORE ROOSEVELT

STATE OF NEW YORK

Executive Chamber

Albany, May 5, 1900

Memorandum filed with Senate bill No. 1301, introduced by Senator Ellsworth, entitled "An Act to amend section three hundred and thirty-seven-D of the penal code relating to trials for keeping slot machines" - Not approved

It is doubtful whether this bill will conserve the interest it was intended to conserve. A palpable error was made

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