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Mr. Hutson by which he should receive any interest aside from that which was paid upon the certificates.

Mr. Green further testifies that at one time he sent to Mr. Hutson a check for $i00, which was intended to be received and was received as a present to Mr. Hutson by the bank. This I think is the most serious fact developed by the investigation of these charges. Of course no county treasurer should receive a present from a bank in which he deposits public funds, and when Mr. Hutson received this check, he ought either to have returned it at once and declined to accept it, or if it was accepted, it ought to have been accepted as interest and credited as such to the county, and the bank should have been notified accordingly. It seems to have been intended and received as a present to himself, in which the county had no interest; it was evidently regarded as a reward for favors which the bank had received from him in his official capacity. When a public officer by his official act confers a benefit upon a corporation, it is of course flagrantly improper for him to receive in return, from the corporation benefited, a sum of money which he accepts in his private capacity.

It appears that two other banks allowed Mr. Hutson interest on open accounts. The fact that this bank thought it worth while to make Mr. Hutson a present of $i00 is evidence that it could have afforded to pay some interest on the open account.

Since these proceedings were begun, Mr. Hutson has paid over to the county the amount of this check of $i00, so that the county has the benefit of it; but it apparently did not occur to him that it should have been paid to the county until after this proceeding was commenced. The acceptance of a present under the circumstances indicated, implies so grave a failure to appreciate the responsibilities of his office, that it cannot be overlooked.

Some other minor matters were included in the charges and received some attention during the investigation, but I think they need no further consideration here.

On the whole case I am reluctantly obliged to come to the conclusion that the facts disclosed are sufficient to warrant the finding that Thomas Hutson, as treasurer of the county of Chautauqua, has been guilty of misconduct and malfeasance in office which justifies his removal.

THEODORE ROOSEVELT

APPOINTMENT OF AN EXTRAORDINARY TRIAL TERM AT NEW YORK CITY AND DESIGNATION OF JUSTICE WERNER 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 Trial Term of the Supreme Court to be held at the courthouse in the borough of Manhattan and county of New York, on Monday the twentieth day of November in this current year, i899, at eleven o'clock in the forenoon of that day and to continue so long as may be necessary for the disposal of the business that may be brought before it; and I do hereby designate the

Honorable William E. Werner

who is a justice of the Supreme Court to hold the said Extraordinary Trial Term of the Supreme Court.

And I do further direct that notice of the appointment aforesaid be given by publication of this order once in each week for two successive weeks in The Sun and in The New York Press newspapers which are published in the county of New York.

Given under my hand and the Privy Seal of the State at the Capitol in the city of Albany [l s] this twenty-seventh day of October in the year of our Lord one thousand eight hundred and ninety-nine.

THEODORE ROOSEVELT

By the Governor:

William J. Youngs

Secretary to the Governor

PROCLAMATION APPOINTING A DAY OF THANKSGIVING

State Of New York

Executive Chamber During the past year this State has been blessed with prosperity and with order. Under Providence each man has been permitted to live his life and do his work as seemed best to him, provided only that he in nowise interfered with the liberty and well being of his fellows. Moreover, the people of this State are not merely New Yorkers; they are Americans, and as such they have shared in the blessings that have come upon America during the year that has gone by. It is right that we should give thanks for the prosperity that has come to the Nation; and for the way in which this great people in the first flush of its mighty manhood is moving forward to meet its destiny, and to do without flinching every duty with which that destiny brings it face to face.

Therefore, I, Theodore Roosevelt, Governor of the State of New York, do hereby set apart Thursday, the thirtieth day of November, eighteen hundred and ninety-nine, as a day of thanksgiving and prayer.

Done at the Capitol in the city of Albany, this thirtieth day of October in the year of our [l S] Lord eighteen hundred and ninety-nine.

THEODORE ROOSEVELT

By the Governor:

William J. Youngs

Secretary to the Governor

MATTER OF ASA BIRD GARDINER, DISTRICTATTORNEY — NOTICE AND SUMMONS

State Of New York

Executive Chamber In the matter of the charges preferred against Asa Bird Gardiner the District Attorney of the county of New York Notice and summons To Asa Bird Gardiner, District Attorney of the county of New York:

You are hereby notified that charges of misfeasance, malfeasance and neglect of duty in office have been preferred against you by Thomas R. Spicer, F. DeWitt Wells, Charles G. Nadal, V. Everit Macy, James B. Reynolds. Oswald Garrison Villard, Adolphe Openhym, James W. Pryor, J. A. McKim and Artliur F. Crosby of the county of New York, and a copy of said charges is herewith served upon you.

You are therefore required to show cause why you should not be removed from the office of District Attorney of the county of New York, and to answer specifically each of the said charges within fifteen days after service of this order and a copy of said charges upon you.

In Witness Whereof I have signed my name and affixed the Privy Seal of the State at the [l S] Capitol in the city of Albany this thirty-first day of October in the year of our Lord one thousand eight hundred and ninety-nine.

THEODORE ROOSEVELT

By the Governor:

William J. Youngs

Secretary to the Governor

DISMISSAL OF CHARGES PREFERRED AGAINST MAJOR-GENERAL ROE

State Of New York

Executive Chamber Albany, November i5, i899 Matter of the charges preferred against Major-General Charles F. Roe by Brig. Gen. Butt Dismissal of charges

I concur in the opinion of the Adjutant General and the Attorney General. The power of the Major-General to take the action he did is so obvious under the law that it

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