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however, are known and they can in all probability be found. Before bringing together a grand jury for the purpose of considering charges against anybody connected with the award and performance of contracts for improving the canal under the Acts of 1895 and 1896, we consider it essential to find these witnesses, and obtain from them statements of their knowledge of the transactions which we have selected for examination. This will require the expenditure of considerable sums for travelling expenses of witnesses and counsel, for stenographers' fees and other ordinary disbursements of preparing a case. Until we shall have seen and talked with these witnesses, we shall be unable to determine whether or not a grand jury should be called upon to consider specific charges against anybody involved.

We have selected a number of specific transactions mentioned in the proceedings of the Commission upon which to concentrate our work, and if supplied with the funds necessary to prosecute the inquiry, we hope to be able within a few weeks to advise you definitely whether or not we think any cases should be presented to a grand jury. Any appropriation that is to be made for the purposes indicated in this letter should be made without delay. The statute of limitations against misdemeanors, such as wilful neglect of duty, or wilful omission to perform it, by a public officer, or wilful disobedience of statutory prohibitions, is two years, and many of the most important and most criticised of the canal contracts under the Acts of 1895 and 1896 were let much more than two years ago. Very respectfully yours,

Dated April 7, 1899.

AUSTEN G. FOX

WALLACE MACFARLANE

CERTIFICATION OF THE NECESSITY OF THE PASSAGE OF ASSEMBLY BILL No. 2185, RELATING TO THE CIVIL SERVICE

STATE OF NEW YORK

TO THE LEGISLATURE:

Executive Chamber

It appearing to my satisfaction that the public interest requires it,

THEREFORE In accordance with the provisions of section fifteen of article three of the Constitution and by virtue of the authority thereby conferred upon me, I do hereby certify to the necessity of the immediate passage of Assembly bill number 2185 entitled "An act in relation to the Civil Service of the State of New York and the cities and civil divisions thereof ", as amended by the copy of said bill hereto annexed.

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GIVEN under my hand and the Privy Seal of the State at the Capitol in the city of Albany this thirteenth day of April in the year of our Lord one thousand eight hundred and ninety-nine. THEODORE ROOSEVELT

By the Governor:

WM. J. YOUNGS

Secretary to the Governor

COMMUNICATION RELATIVE TO THE NOMINATION OF WILLIAM CHURCH OSBORN

STATE OF NEW YORK

Executive Chamber

Albany, April 21, 1899

TO THE SENATE:

In compliance with a resolution of the Senate, adopted April 17, 1899, I have the honor to transmit herewith copies of communications on file in this office relating to William Church Osborn whom I have heretofore nominated as a State Commissioner in Lunacy.

THEODORE ROOSEVELT

Enclosures: Letters from Joseph H. Choate, Homer Folks, Dr. P. M. Wise, Mrs. Gertrude S. Rice, James Byrne. Also a letter from the State Charities Aid Association signed by the following managers: Gertrude S. Rice, Vice President, Charles S. Fairchild, Charles H. Marshall, C. Schurz, C. Elizabeth Oothout, Helen C. Butler, John A. McKim, George G. Wheelock, George. F. Canfield, Charles F. Chandler.* Also telegrams from Miss Louisa Lee Schuyler.

MESSAGE RELATIVE TO RAPID TRANSIT IN THE CITY OF NEW YORK

STATE OF NEW YORK

TO THE LEGISLATURE:

Executive Chamber

Albany, April 21, 1899

There is now before your body a measure looking toward the securing of rapid transit for the city of New

Enclosed in this letter was an endorsement of Mr. Osborn, which I have unfortunately lost.

York. I deem it of very great importance that a scheme providing for rapid transit in the city should be passed at the earliest practicable moment. But it is even more important that this scheme should be one which will work for the ultimate benefit of the city. It does not seem to me wise that a franchise of this nature should be given in perpetuity. It would of course be best to have it owned by the municipality; although I would point out to the advocates of municipal ownership that it is doubly incumbent upon them to take the most efficient means of rebuking municipal corruption and of insisting upon a high standard of continuous fidelity to duty among municipal employees. Only if the government of the municipality is honest will it be possible ever to justify fully the workings of municipal ownership.

While, however, giving full weight to these considerations, it yet seems unquestionable that if this measure can be undertaken by the municipality, it should be so undertaken. But if the measure must be undertaken by a private company, then the bill should be so framed as to throw open the competition to all responsible bidders, and the franchise should not in my opinion be given for more than fifty years, then to be revalued by arbitrators or by the Supreme Court; the franchise to be thereafter continued for terms of twenty-five years, unless the city desires to take the road at the valuation agreed on.

We are most fortunate in having as commissioners under the present rapid transit act, men of the highest character and standing, in whose judgment the city has the utmost confidence. I believe that it is safe to give these commissioners a very large liberty in dealing with the rapid transit plan. Nevertheless in my judgment certain

broad lines should be laid down within which they are to work. What the value of this franchise may be fifty years hence, no one can tell; and while, in view of the formidable difficulties of the undertaking, full provision should be made for ample reward to the private capitalists who go into the scheme, if it is deemed advisable to have it undertaken by private capital, yet the franchise should not be given in perpetuity, and provision should be made to remunerate the city if the franchise turns out to possess exceptional value.

THEODORE ROOSEVELT

CERTIFICATION OF THE NECESSITY OF THE PASSAGE OF SENATE BILL No. 1483 - MAKING APPROPRIATION FOR SUPPORT OF

GOVERNMENT

STATE OF New York

TO THE LEGISLATURE:

Executive Chamber

It appearing to my satisfaction that the public interest requires it;

THEREFORE In accordance with the provisions of section fifteen of article three of the Constitution and by virtue of the authority thereby conferred upon me, I do hereby certify to the necessity of the immediate passage of Senate bill number 1483 which is a reprint of Assembly bill number 1745 entitled "An Act making appro

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