people of the State cannot fail to realize the advantages which will accrue from their acquisition of this beautiful tract and by means of its perpetual dedication to the purpose of a public park or reservation.

(Signed)

CHARLES E. HUGHES

Providing for the Widening of Livingston Street, Borough of Brooklyn, New York

STATE OF NEW YORK EXECUTIVE CHAMBER

Albany, April 2, 1907

MEMORANDUM filed with Assembly bill No. 22, entitled

"An act to provide for the expense of widening Livingston street, in the borough of Brooklyn, city of New York."

APPROVED.

This is a bill to provide for the expense of widening Livingston street in the borough of Brooklyn, city of New York. The total cost of the improvement was upward of $2,000,000, and the board of estimate and apportionment of the city of New York determined that the city should bear three-quarters, and the property deemed to be benefited one-quarter of the expense. The commissioners of assessment did not limit the assessments to the property abutting on the widened street but defined a considerable area of assessment for alleged benefit, including territory on the north and south and an irregular fan-shaped section lying to the east.

It is manifest that gross injustice has been done by the assessment. The area of benefit is arbitrarily defined and the assessments present grotesque inequalities. On an appeal to the Legislature this bill was passed, and not having been accepted by the mayor of the city, has been repassed.

the principle to be well founded.

with due

The argument that the bill because of its mandatory provisions assails home rule does not seem to me respect to the opinion of the mayor who is justly tenacious of Home rule is not inconsistent with the protection by the Legislature of the rights. of the citizens of a municipality where the action of the local authorities is clearly unjust. The fact that the Legislature has created municipalities with appropriate local functions does not derogate from the constitutional prerogative of the Legislature to provide against abuses. And there is no reason why the Legislature should refuse to exercise its admitted power where it is clear that the local authorities have imposed unequal and indefensible burdens upon a portion of the citizens.

It is evident that the selection of a proper area of assessment was exceedingly difficult because of the nature of the improvement. This was intended to relieve Fulton street, a main artery of traffic, and the improvement had relation to the general betterment of conditions for through transit. The benefits it conferred were shared by citizens of outlying districts, and it was almost impossible justly to draw the boundary within which the advantages should be deemed comprised. As a means of relief, through a diversion of a part of the traffic causing an intolerable congestion of Fulton street, it may properly be regarded as a general city improvement and classified with other improvements the cost of which has been borne by the city as a whole.

The case now presented is this: The assessment as laid cannot be justified. Even members of the commission who made it do not defend it. An attempt to provide for an assessment upon a larger area would involve great expense, and the extreme difficulty of properly delimiting such an area is apparent. The relief of Fulton street, through the use of Livingston street between Court street and Flatbush avenue, as an auxiliary line of main travel from the bridge to outlying districts will be of great value to the city. The citizens upon whom this assessment has been laid should not bear it as it now stands, and under all the circumstances of this exceptional

case, it is my judgment that there is no better alternative than to make the matter, as the Legislature has provided in this bill, a city charge.

(Signed)

CHARLES E. HUGHES

Amending the Railroad Law in Relation to the Collection

of Fare on Certain Electric Surface Railroads

STATE OF NEW YORK-EXECUTIVE CHAMBER

Albany, April 29, 1907

MEMORANDUM filed with Assembly bill No. 1271 (Senate Reprint No. 1144), entitled

“An act to amend the railroad law, in relation to the collection of fare on certain electric surface railroads."

APPROVED.

This bill is opposed by a railroad company affected thereby on the ground that under its franchises it is entitled to charge several fares of five cents each within certain specified limits, and that it promotes its collections and accuracy of registration to permit it to collect these fares separately. It would seem, however, to be a simple matter for a railroad company to arrange, if necessary, for a system of tickets or tokens which would enable it to have accurate returns without subjecting passengers to the unnecessary inconvenience of repeated pay

ments.

(Signed)

CHARLES E. HUGHES

Legalizing the Incorporation of the Corning, Keuka Lake & Ontario Railway Company

STATE OF NEW YORK-EXECUTIVE CHAMBER

Albany, June 4, 1907

MEMORANDUM filed with Senate bill No. 1321, entitled

"An act to legalize and confirm the certificate of incorporation and the incorporation of the Corning, Keuka Lake and Ontario Railway Company and the proceedings taken and had under or in pursuance of said certificate."

APPROVED.

This bill is for the purpose of validating the incorporation of the Corning, Keuka Lake & Ontario Railway Company and it is entirely justified by the circumstances of the case. As a special act it cannot be taken to authorize the construction of a railroad, as this would be beyond the constitutional power of the Legislature. But it is proper for the Legislature, and this must be deemed to be the intent of the bill, in validating the incorporation to confirm the acts which, had it been validly organized, the corporation could have lawfully performed. CHARLES E. HUGHES

(Signed)

Providing for the Appointment of an Additional Deputy Police Commissioner for New York,

STATE OF NEW YORK - EXECUTIVE CHAMBER

Albany, June 10, 1907

MEMORANDUM filed with Assembly bill No. 1513, entitled

"An act to amend the Greater New York charter, in relation to the police department."

APPROVED.

As a matter of general policy it would have been preferable had the law been amended so as to make the appointment of an additional deputy police commissioner subject to the authorization of the board of estimate and apportionment. But in view of the present exigency, and of the importance of facilitating the improvement of the police department, I have signed this bill after its acceptance by the city.

MEMORANDUM filed with Assembly bill No. 2052, entitled "An act to amend the Labor Law, relative to hours of labor of children, minors and women."

APPROVED.

This bill classifies and improves the provisions of sections 77 and 78 of the Labor Law relating to the employment of women and children in factories. Since the bill passed the Legislature the Court of Appeals has held the provisions of section 77, relating to the hours of labor of adult women, to be unconstitutional. These provisions are retained in the present bill, but they are clearly separable so that the remainder of the law will not be affected. The bill makes distinct provision for the case of female minors so that legislation as to these will not depend upon the validity of a general clause applicable to all women, whether minors or adults.

The bill is of such a remedial character that I do not feel justified in withholding my signature merely because of the formal retention of a provision of the existing law which the decision of the court has rendered inoperative.

(Signed)

CHARLES E. HUGHES