Page images
PDF
EPUB

shall be allowed to incur any indebtedness except for county, city, town or village purposes.

Before this prohibition became a part of the Constitution, a statute was passed permitting monuments to be erected to fallen soldiers at the expense of the inhabitants of the county within which they were located; but the expenditure of money raised by taxation for such a purpose was only allowed when especially sanctioned by the vote of a majority of all the electors of the county. In the bill under consideration the taxpayers are not permitted to be heard on the subject. It is thus evident that the legislation proposed, guards less the rights and interests of the people than the statute passed before the Constitutional amendment prohibited all enactments of this description.

I may perhaps be permitted to express the hope that a due regard to fundamental principles and a strict adherence to the letter and spirit of the Constitution, which furnish the limit as well as the guide to legislation, will prevent the passage of bills of this nature in the future.

GROVER CLEVELAND.

VETO, ASSEMBLY BILL No. 162, TO AUTHORIZE CERTAIN TOWNS IN JEFFERSON AND ST. LAWRENCE COUNTIES TO RAISE LIENS UPON THEIR RAILROAD STOCKS.

STATE OF NEW YORK.

EXECUTIVE CHAMBER,

ALBANY, February 19, 1883.)

To the Assembly:

Assembly bill No. 162, entitled "An act to authorize the

towns of Philadelphia, Theresa and Alexandria, in Jefferson

county, and the towns of Hammond and Morristown, in Lawrence county, to raise moneys to relieve their railroad stocks from existing liens and burdens," is herewith returned without approval.

This bill has evidently been drawn with a view of avoiding any constitutional objection on its face; but an explanation of its real purposes has led me to the conclusion that it ought not to become a law.

Certain stock of the Black River and Morristown Railroad Company is held by or on behalf of the towns named in the bill, but this stock is in no manner pledged, mortgaged or hypothecated, and is subject to no actual lien or charge.

The design is, as I am informed by the friends of the bill, to use the money which under its provisions is to be raised by tax to pay certain indebtedness of the said railroad company, in the expectation that thereby a consolidation of its road with the Utica and Black River Railroad may be affected. By this means it is hoped that the stock in the Black River and Morristown Railroad Company, to which the towns mentioned have subscribed, may be made more valuable.

I am of the opinion that the bill, if approved, would not justify such an expenditure of the money proposed to be raised.

In this view, the legislation sought would be of no avail. If the bill does permit such an application of public funds, it seems to be in direct contravention of the Constitution, which provides that no town shall give any money or property, or loan its money or credit, to or in aid of any individual, association or corporation.

GROVER CLEVELAND.

VETO, SENATE BILL No. 113, TO AUTHORIZE THE

VILLAGE OF FAYETTEVILLE

FIRE ENGINE ON CREDIT.

TO PURCHASE A

STATE OF NEW YORK.

EXECUTIVE CHAMBER,

To the Senate :

ALBANY, February 21, 1883.

Senate bill No. 113, entitled "An act to authorize the trustees of the village of Fayetteville to purchase a steam fire-engine and apparatus for the use of the fire department of said village, and to borrow money on the credit of said village for such purpose," is herewith returned without approval.

By reference to section 21 of chapter 482 of the laws of 1875, it will be seen that the authority is vested in the boards of supervisors to authorize villages in the several counties to do precisely the things mentioned in this bill. The act referred to was passed, as its title declares, "to confer upon boards of supervisors further powers of local legislation and administration," and with the intent that the matters therein specified, being of local interest and importance, should be disposed of by an authority nearer home than the Legislature of the State.

This intent accords with the letter and spirit of the Constitution, and with sound political principle.

With a statute so plain, and containing requirements so easy of fulfilment, I can hardly understand why so many bills of the kind under consideration should be introduced and passed.

The members of the boards of supervisors should not be allowed to shift the responsibility of increasing the taxes

of their constituents to the Legislature of the State. They should know whether unusual expenditures are necessary in their localities, and should be made answerable to their neighbors, for the economical and proper discharge of their duties as local legislators. If this were insisted upon, perhaps fewer schemes involving increased taxation would be inaugurated.

In this particular case I have before me the remonstrance of many of the best citizens of the locality against the passage of this bill.

GROVER CLEVELAND.

VETO, SENATE BILL No. 88, TO AUTHORIZE THE VILLAGE OF MECHANICVILLE TO PURCHASE A FIRE ENGINE AND ISSUE BONDS FOR THE SAME.

To the Senate:

STATE OF NEW YORK.

EXECUTIVe chamber,

ALBANY, February 21, 1883.

Senate bill No. 88, entitled "An act to authorize the president and trustees of the village of Mechanicville to issue the bonds of said village for the purchase of a steam fire engine and hose, and to provide for the payment of such bonds," is herewith returned without approval.

The objections to this bill are the same as those made to Senate bill No. 113, authorizing the village of Fayetteville to raise money for a like purpose.

The Board of Supervisors of the county of Saratoga has ample power to permit the people of the village of Mechanicville to increase their taxation for the purposes mentioned in this bill. If they desire to do so, application should be

made to such board, pursuant to section 26 of chapter 482 of the laws of 1875.

GROVER CLEVELAND.

VETO, ASSEMBLY BILL No. 58, TO REGULATE FARES ON ELEVATED RAILROADS IN NEW YORK CITY.

STATE OF NEW YORK.

EXECUTIVE CHAMBER,

ALBANY, March 2, 1883.

To the Assembly:

Assembly bill No. 58, entitled "An act to regulate the fare to be charged and collected by persons or corporations operating elevated railroads in the city of New York," is herewith returned without approval.

This bill prohibits the collection or receipt of more than five cents fare on any elevated railroad in the city of New York, for any distance between the Battery and Harlem river, and provides that if any person or corporation operating such elevated railroads shall charge, demand, collect or receive any higher rate of fare, such person or corporation shall, in addition to all other penalties imposed by law, forfeit and pay to any person aggrieved fifty dollars for each offense, to be recovered by such person in any court of competent jurisdiction.

The importance of this measure and the interest which it has excited, has impressed me with my responsibility, and led me to examine, with as much care as has been possible, the considerations involved.

I am convinced that in all cases the share which falls upon the Executive regarding the legislation of the State should be in no manner evaded, but fairly met by the

« PreviousContinue »