The policemen are to wear a metallic shield inscribed with the words "Special Police." Their compensation is to be agreed upon with the corporation and paid by it.

I do not approve of the policy of establishing a special police force in the pay of a corporation. Nothing is more important to the maintenance of public order and to a just respect for the exercise of public authority than that governmental powers should be exercised independently of private relations, and that the enforcement of the law by virtue of its method should be both in appearance and fact entirely impartial.

MEMORANDUM filed with Assembly bill No. 2672, entitled

"An act to amend the agricultural law, in relation to the sale and transportation of adulterated and misbranded food and regulating traffic therein."

NOT APPROVED

In my first message to the Legislature, I recommended legislation with reference to protecting the public against the sale of adulterated and improperly branded foods. I also suggested the desirability of promoting harmony between the work of the Federal and State authorities.

This bill follows generally the lines of the Federal statute, but it is so seriously defective that I cannot approve it. The Federal law provides as follows:

Sec. 9. "That no dealer shall be prosecuted under the provisions of this act when he can establish a guaranty signed by

the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchases such articles, to the effect that the same is not adulterated or misbranded within the meaning of this act, designating it."

The words which I have italicized are omitted from the present bill which reads as follows:

66

Sec. 170. Goods sold under a guaranty.- No dealer shall be convicted of a violation of any of the provisions of section one hundred and sixty-five or one hundred and sixty-six of this act nor suffer any of the penalties for such violation if he shall establish to the satisfaction of the court before which any prosecution, action or proceeding is pending, that he purchased such article under a written guaranty signed by the wholesaler, jobber, manufacturer or other party residing in the United States to the effect that the same is not adulterated or misbranded within the meaning of this act."

This in terms protects any dealer who buys under a guaranty from any person living in the United States. It is hardly too much to say that such a provision may readily be availed of to nullify the law. In the face of the explicit language used no reliance can be placed upon the effort to limit this protection by construction. It is better that the bill should temporarily fail than that it should be enacted in this form. (Signed) CHARLES E. HUGHES.

Relating to the Brooklyn College

STATE OF NEW YORK-EXECUTIVE CHAMBER

Albany, July 26, 1907

MEMORANDUM filed with Senate bill No. 284, entitled

"An act relating to the Brooklyn college authorizing and empowering educational institutions in the city of New York to consolidate with, merger in or enter into contracts with the Brooklyn college, and authorizing and empowering the city of New York to establish and maintain said college."

NOT APPROVED

It has been made apparent to me that there is a sharp division of opinion as to the advisability of this bill. The project has direct relation to the educational system of the city of New York. The extent to which the city should develop opportunities for higher education, in its different boroughs, is a subject which may well engage the attention of the Charter Revision Commission. A consistent plan should be adopted, and, in my judgment, there should be no legislation upon the subject until the Legislature has had the benefit of the Commission's report, made after full consideration.

(Signed)

CHARLES E. HUGHES.

In Relation to Probation Officers of New York City

STATE OF NEW YORK-EXECUTIVE CHAMBER

Albany, July 26, 1907

MEMORANDUM filed with Assembly bill No. 1774, entitled

"An act to authorize the board of estimate and apportionment of the city of New York to hear, determine, audit and allow claims of certain persons for services as probation officers in the city of New York, and directing the comptroller to pay such claims as may be allowed for such services by said board."

NOT APPROVED

The claim of those who served as probation officers prior to the time when the eligible list was established appears to have merit, but this bill permits payment for services for a considerable period subsequent to that date.

(Signed) CHARLES E. HUGHES.

The following bills relating to the cancellation of tax sales are disapproved. If the present restrictions of the general law operate unfairly, they should be changed so as to provide a scheme by which those who suffer injury from illegal tax sales may have a proper remedy. But the relief should be extended to all within the classes of cases demanding it, as they may be defined by general legislation. The bills above referred to are as follows:

Assembly bill, Introductory No. 683, Printed No. 740 (Senate Reprint No. 1615), entitled “An act to authorize the comptroller of the state to hear and determine the application of Everett R. Walker for the cancellation of tax sales made in the years eighteen hundred and eighty-one and eighteen hundred and eighty-five of lot fifty-three, Mayfield patent, in Fulton county."

Senate bill, Introductory No. 66, Printed No. 1629, entitled "An act to authorize the comptroller to hear and determine the application of Abram G. De Witt for the cancellation of tax sales made in the years eighteen hundred and ninety-five and nineteen hundred of lot number five eastern one-half of great lot number eight of the Hurley patentee woods, fourteen and one-half acres in Ulster county."

Assembly bill, Introductory No. 1039, Printed No. 1203 (Senate Reprint No. 1619), entitled "An act to authorize the comptroller of the state to hear and determine the application of Arthur Dreyer for the cancellation of a tax sale

made in the year eighteen hundred and ninety-five of lot number twenty on map of property on the north shore of Staten Island belonging to John C. Thompson, situated in the former town of Northfield, now the third ward of the borough of Richmond, in Richmond county."

Assembly bill, Introductory No. 1494, Printed No. 2275, entitled "An act to authorize the comptroller of the state to hear and determine the application of May R. De Silva, for the cancellation of the eighteen hundred and ninety-five tax sale of lot forty-one, great lots seven and ten, Darling's first survey, Hardenburgh patent, in the county of Ulster."

Assembly bill, Introductory No. 526, Printed No. 2113, (Senate Reprint No. 1620), entitled "An act to amend chapter six hundred and nineteen of the laws of nineteen hundred and six, entitled 'An act to authorize the comptroller of the state of New York to hear and determine the application of J. G. Stevens for the cancellation of the tax sale of eighteen hundred and seventy-seven of a portion of lot number fifty-nine of township number six, in the old military tract in the town of Ellenburgh, county of Clinton,' in relation to the application of Charles Stevens, successor in interest of J. G. Stevens."

(Signed)

CHARLES E. HUGHES

Bills in Relation to the New York City Fire Department and the New York City Police Department

STATE OF NEW YORK · EXECUTIVE CHAMBER

Albany, July 26, 1907

MEMORANDUM filed with bills specified below.

NOT APPROVED

The following bills are disapproved for the reason that the Greater New York Charter has been amended so as to provide for the rehearing of cases of this sort so far as it was deemed advisable: