the fact that there is a question as to whether the constitutional amendment can be acted on by the Legislature, except at its present session, and the further fact that there seems to be no prospect that any other measure on the subject can be passed, at this time, I have concluded to allow the bill to become a law by the lapse of ten days from its presentation to me, pursuant to the provision of the Constitution.

GROVER CLEVELAND.

VETO, ASSEMBLY BILL No. 437, TO AUTHORIZE BOARD OF CLAIMS TO HEAR THE CLAIM OF VINCENT CONKLING.

STATE OF NEW YORK.

EXECUTIVe chamber,

ALBANY, April 30, 1883.

To the Assembly:

Assembly bill No. 437, entitled "An act authorizing the board of claims to hear and adjust the claim of Vincent Conkling, of Horseheads, New York," is herewith returned without approval.

It is expected that the court or board recently established to hear and determine claims against the State, will proceed according to the rules of law, and that no citizen will be prevented from presenting his complaint. I cannot believe that any new statute is necessary to secure this right. Whether the complainant succeeds in establishing any liability or not, depends upon considerations, which, under the Constitution and laws, should not be interfered with by the Legislature.

I have before me a decision of the Canal Appraisers

denying for very good reasons, the claim of the Port Byron free school district, which I suppose, was based upon the same facts as the claim mentioned in the bill under consideration.

If this be true, the claimant ought not to recover in any

Assembly bill No. 508, entitled "An act to provide for laying out, altering and improving highways in which two or more towns are interested," is herewith returned without approval.

This bill provides that twelve freeholders may apply in writing to the highway commissioners of the town in which they live, for the institution of proceedings for locating, opening and constructing any new highway, or for the change of location, or improving of any existing highway, which is located in part or wholly within any town or towns other than the one in which they live.

It is further provided that on receiving such application, the commissioners to whom it is addressed shall apply to the county court, upon notice to the commissioners of highways in the several towns interested in the improvement, and that after due hearing, the court shall appoint certain

commissioners; and if, after examination, they shall determine that the work should be done, it shall be executed by said commissioners. The expense of the improvement, including the cost of land taken, it, is provided, shall be apportioned by said commissioners among the several towns in the county, according to the benefits received, and the part of the cost and expense assessed on each town shall be added, by the Board of Supervisors, to the amount of money to be collected from said town for town expenses.

It will be observed that no part of the highway to be located, opened, constructed, changed or improved, need be within the town where the persons applying for the work to be done reside, and that the commissioners of highways of the town within which the improvement is made, are not the ones who institute the proceedings. They are simply notified that within their town the commissioners of some other town are taking steps to construct, locate, open, change or improve a highway. The discretion which they should exercise for the protection and welfare of the people who elected them, is displaced by the order of a county judge and the determination of commissioners of his creation. The taxpayers may see extensive and costly work going on in their town, against their protest, and which they may deem entirely needless, but for which they must pay such sum as strangers having the work in hand shall determine. There is no participation by any town officer or resident taxpayer either in the work or in fixing the amount of taxation. Twelve freeholders of perhaps a distant town, and not necessarily within the same county, declare, under oath, in an application to the highway commissioners of the town of their residence, that this work is necessary and important to them and other inhabitants of their town, in facili

tating travel, and the transportation of farm produce and other property, and the proceeding is set on foot and carried to its conclusion with no right of appeal on the part of those whose town is invaded, and whose taxes are increased without their consent, for the benefit of non-resident freeholders.

A proposed law should be judged by what it will permit, and not by its probable operation.

Measured by this standard, this bill utterly ignores the idea of home rule and the right of the people to regulate the affairs of their locality; and in its principles and details is thoroughly bad and vicious.

GROVER CLEVELAND.

VETO, ASSEMBLY BILL No. 641, FOR IMPROVEMENT OF A HIGHWAY IN WASHINGTON COUNTY.

STATE OF NEW YORK.

EXECUTIVE chamber,

ALBANY, April 30, 1883.

To the Assembly :

Assembly bill No. 641, entitled "An act for the improvement of the highway between Thompson's mill and Fort Miller village, in Washington county," is herewith returned without approval.

This bill appropriates the sum of $5,000 for the purpose of raising the road bed of the highway between Thompson's mill and Fort Miller village, to such a height as shall prevent the overflow of the said highway, from the Hudson river, occasioned by raising the Schuylerville dam in 1874, and authorizes the Superintendent of Public Works to make such improvement.

It seems that a bill for the same purpose has, at least once before, been passed, and failed to receive executive approval, and I think the work is such as the State should not be called on to do. If the cause of the bad condition of the highway is the building of a dam in 1874, the relation between cause and effect seems somewhat remote, in point of time.

And I am further of the opinion, that a fatal objection to the bill is found in the provision of the Constitution, which declares that the Legislature shall not pass a private or a local bill for laying out, opening, altering, working or discontinuing roads, highways or alleys.

GROVER CLEVELAND.

VETO, ASSEMBLY BILL No. 661, BOARD OF CLAIMS TO HEAR CLAIM OF CLINTON COUNTY FOR EXPENSES IN THE MATTER OF HENRY KING, A CONVICT MURDERER.

STATE OF NEW YORK.

EXECUTIVE CHAMBER,

To the Assembly:

ALBANY, April 30, 1883.

Assembly bill No. 661, entitled "An act to authorize and empower the State Board of Claims to hear, audit and determine the claim of Clinton county for moneys expended in the trial and execution of convict Henry King, for crime committed during his imprisonment in Clinton prison, and to make award therefor," is herewith returned without approval.

I deem this bill entirely unnecessary; and the provision