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and in advance of the meeting of the Legislature, opportunity should be afforded for the expression of matured opinion with reference to the improvement of our financial legislation.

I, therefore, request you, whom I have selected (without thought of disparaging the qualifications of others) as representative men having expert familiarity with these matters, to act as a committee for the purpose of collating facts, receiving suggestions and expressing the views which, after due reflection, you may entertain with reference to the following question:

What, if any, changes are advisable in the laws of the State relating to the incorporation, conduct of business, and supervision of banks and trust companies?

I do not suggest any particular method of procedure on your part, being content to leave that to your own judg

ment.

While your report will be formally independent of that of the superintendent of banks-who will also have these matters under careful consideration, and whose advice I expect to receive - he will no doubt be glad to co-operate with you and to furnish any assistance within his power. InIdeed I believe that full and free conference with him throughout your deliberations will be mutually helpful.

I must ask you to undertake this important work solely as a matter of public service without provision for com. pensation or indemnity for expense. But you may be assured that your fellow citizens will not fail gratefully to appreciate your public spirit.

I shall be glad to receive your report on or before December 15, 1907.

I remain

Very respectfully yours

(Signed)

CHARLES E. HUGHES

Notice of Vacancies in Offices

STATE OF NEW YORK · EXECUTIVE CHAMBER

Albany, November 4, 1907

To the Board of Trustees of the Village of East Rochester, East Rochester, N. Y.:

SIRS.- Pursuant to the provisions of section 26 of the Public Officers Law, I hereby give you notice of the existence of a vacancy in the office of president of the village of East Rochester, under and pursuant to a judgment of the Supreme Court, county of Monroe, dated the 28th day of October, 1907, and filed in the office of the clerk of said county; and I also hereby give you notice of the existence of a vacancy in the office of trustee of the village of East Rochester under and pursuant to a judgment of the Supreme Court, county of Monroe, dated the 28th day of October, 1907, and filed in the office of the clerk of said. county.

Copies of said judgments are hereto annexed.
Very truly yours

(Signed)

CHARLES E. HUGHES

New State Prison Site Approved

STATE OF NEW YORK-EXECUTIVE CHAMBER

The commission on new prisons appointed pursuant to chapter 670, Laws of 1906, having presented to me the annexed report dated November 27, 1907.

I hereby approve the selection of the site described in said report as the site to be purchased for a new State prison and I approve the purchase thereof, pursuant to the provisions of said act as amended by chapter 521, Laws of 1907, and upon the terms stated in said report.

Dated Albany, N. Y., December 5, 1907.

(Signed)

By the Governor :

ROBERT H. FULLER

CHARLES E. HUGHES

Secretary to the Governor

XIII

APPENDIX

XIII

APPENDIX

In Relation to the Examination of Otto Kelsey, Superintendent of Insurance, Before the Governor

STATE OF NEW YORK

EXECUTIVE CHAMBER

Albany, February 18, 1907

Gov. Hughes.- How do you do? Mr. Kelsey, will you take a seat, there, please? (Indicating seat before Governor's desk.)

Mr. Kelsey, the Public Officers' Law provides that whenever the Governor has under consideration the question of the advisability of recommending to the Senate the removal of any officer he may in his discretion take proofs. It seemed to me, in view of your letter and of your evident feeling that justice required the consideration of the facts touching your administration, that the best course of procedure was to take your testimony. In that way the facts can be suitably developed and all misapprehension avoided.

Mr. Kelsey.— Is it a matter, Governor, that you would feel that I ought to have counsel, or might have, not knowing anything of the range of the examination? Of course, I would be in the dark as to what my own requirements might be.

Gov. Hughes.— Well, of course, counsel technically would have no right to participate in the proceeding. If at any stage of the inquiry a matter should be presented in regard to which fairly you should be entitled to consult with counsel, I should be very desirous that you should have that opportunity without any reference to any technical question that might be involved. It is my desire simply to examine you touching the

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