IV PART I VETO MESSAGES To Raise by Taxation and Pay to John Goundry Amount of Two Judgments Recovered Against Him for Alleged Negligent Acts as Superintendent of Highways, Town of Orange, Schuyler County STATE OF NEW YORK-EXECUTIVE CHAMBER To the Senate: Albany, February 26, 1919. I return herewith, without my approval, Senate Bill, Int. No. 39, Printed No. 39, entitled: "AN ACT authorizing the qualified electors of the town of Orange in the county of Schuyler to vote on the question of raising by taxation and paying to John Goundry the amount of two judgments recovered against him for alleged negligent acts while in the performance of his duties as superintendent of highways of such town." The Constitution of this State in article 8, section 10, provides: No county, city, town or village shall hereafter give any money or property, or loan its money, or credit to, or in aid of any individual, association, or corporation, * * * nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes. This bill in my judgment offends the provisions of the Constitution above cited. The courts of the State have decided that the public funds of a town, city, county or village cannot be used to reimburse an officer, or those claiming under him, for expenses brought about by his own. gross negligence, bad faith, or malice in the performance of his public duties, even though the claim be made that such expenses were incurred for the benefit of the municipality. (See case of Rockefeller v. Taylor, 69 App. Div. 176, and cases cited in that opinion.) It will be observed that from an examination of the title of this bill and from the provisions contained therein, that it offends the principle laid down by the courts under the Constitution, and for that reason I am returning the bill. To Authorize the Commissioners of the Home of the City and Town of Newburgh to Raise Moneys by the Sale of Bonds for Building Purposes STATE OF NEW YORK EXECUTIVE CHAMBER Albany, March 6, 1919. To the Assembly: I herewith return, without my approval, Assembly Bill, Int. No. 123, Printed No. 123, entitled: "AN ACT to authorize the commissioners of the Home of the City and Town of Newburgh to raise moneys for building purposes, by the issuance and sale of bonds of such city and town." The Constitution of the State, article 12, section 2, points out specifically the manner in which bills affecting a city should be passed. It provides that any bill affecting the affairs, property or government of a city shall be transmitted to the city for its approval or disapproval. If a bill is approved by a city, it is then returned and can properly come before me for action. If it is not so accepted by the city, it can, if the Legislature so determines, be repassed over the non-acceptance by the city and then come before me for action. It will be observed from the title of this bill that it provides for raising moneys for building purposes by the issuance and sale of bonds of such city and town. This, in my judgment, brings this bill clearly within the provision of the Constitution above cited, and it not having been passed in the manner therein provided, it is not properly before me for action. The bill is, therefore, disapproved. ALFRED E. SMITH. (Signed) To Extend the Privileges of the Soldiers and Sailors' Home to to Enlisted Soldiers of the World War STATE OF NEW YORK- EXECUTIVE CHAMBER To the Assembly: Albany, N. Y., March 6, 1919. I herewith return, without my approval, Assembly Bill, Int. No. 137, Printed No. 137, entitled: "AN ACT to amend the public buildings law, in relation to persons entitled to admission to the New York State Soldiers and Sailors' Home." This bill assumes to extend the privileges of the New York State Soldiers and Sailors' Home to soldiers and sailors who during the World War enlisted from the State of New York. If it were intended to extend the privileges of this institution to any participants in the war with Germany, it should not limited to those who enlisted, but should be broad enough to include all of those who were engaged in the conflict by reason of the provisions of the selective service law, and, for this reason, the bill in its present form would meet with my disapproval. However, there is a broader principle involved. I am confident that some more satisfactory and intelligent plan will be developed for the care of our returning soldiers who have been disabled than the placing of them in a custodial institution. They are, all of them, young men who, under proper conditions, might more or less contribute to their own support. I believe that some more appropriate means of assisting these young men will be devised. It is one of the problems of reconstruction, and, for the present, at least, I oppose their admission into a State institution; and I think whatever care or assistance should be rendered to them by the State should, so far as possible, be extended to them in their own homes. The bill is, therefore, disapproved. To Make the Office of Sheriff of Ulster County a Salaried Office and to Regulate the Management Thereof STATE OF NEW YORK-EXECUTIVE CHAMBER To the Assembly: Albany, March 27, 1919. I herewith return, without my approval, Assembly Bill No. 768, Int. No. 710, entitled: "AN ACT to re-enact chapter sixty-five of the laws of nineteen hundred and six, entitled 'An act to make the office of sheriff of Ulster county a salaried office, and to regulate the management thereof,' relating to expense of care and maintenance of prisoners." This bill seeks to restore in Ulster county the practice, which has been abolished throughout the State, of permitting boards of supervisors to allow sheriffs of counties a certain sum per week for the board of each prisoner, not to exceed two dollars and forty-five cents. This power often is exercised by boards of supervisors so as to allow to sheriffs of counties sums in excess of the actual cost of maintenance, thus adding a perquisite to their office which the law did not contemplate. This practice was abolished by chapter 352 of the Laws of 1917, amending section 93 of the County Law, which provided that "prisoners detained for trial and those under sentence shall be provided |