In Relation to the Office of Sheriff of Kings County

I herewith return, without my approval, Assembly bill No. 1049 (Senate Reprint No. 848) entitled

"An act to amend chapter seven hundred and five of the laws of nineteen hundred and one, entitled ‘An act to make the office of sheriff of the county of Kings a salaried office and regulating the management of said office,' generally."

This bill creates the positions of confidential stenographer and secretary to the under sheriff at salaries of $1,200 and $1,500, respectively, and raises the salary of three cooks from $300 to $480 each, and of one laundress from $250 to $360.

It is absurd that the Legislature should be called upon to deal with matters of this sort. The propriety of creating such positions and making such increases should be determined by the local authorities under an appropriate amendment of the charter.

(Signed)

CHARLES E. HUGHES

Concerning the Davenport, Middleburgh & Durham Railroad Company

STATE OF NEW YORK EXECUTIVE CHAMBER

TO THE SENATE:

Albany, April 24, 1907

I return herewith, without my approval, Senate bill No. 576, entitled

"An act to amend chapter one hundred and nine of the laws of eighteen hundred and ninety-seven, entitled 'An act to extend the time for the Davenport, Middleburgh and Durham railroad company to begin the construction of its road and expend thereon ten per centum of its capital and finish and put the same in operation,' as amended by chapter one hundred and forty-one of the laws of nineteen hundred and two, by further extension of time."

The Davenport, Middleburgh & Durham Railroad Company was incorporated in 1892. Under the Railroad Law it was required to begin the construction of its road and expend thereon 10 per cent. of the amount of its capital within five years and to complete the road within ten years. During the first five years, apart from the making of surveys and the required maps and profiles and the execution of certain agreements, apparently nothing was accomplished.

In 1897 its time to begin construction was extended until 1902, and the time for completion until 1907. Again, in 1902, the Legislature further extended the time to begin construction until 1907, and the time for completion until 1912. But construction has not yet been commenced. A third extension is now provided for by this bill.

The franchise to be a railroad corporation and to construct and operate a railroad is not to be regarded as a bounty conferred without reciprocal obligations, but is permitted in view of a supposed public interest and upon the condition that the

railroad shall be begun and completed within the prescribed time. This is an important policy and it should not be nullified by the grant of extensions unless exceptional circumstances furnish a sufficient reason for giving further time to meet the conditions upon which the franchise was bestowed. There are no such circumstances in this case. If the railroad was to be built at all, as projected, there would seem to be no reason why construction should not have been begun and the required 10 per cent. expended within the past fifteen years.

There is likely always to be some hardship in the forfeiture of a charter, but the public interests require that the policy reflected in the statute should be maintained.

(Signed)

CHARLES E. HUGHES

Releasing the Interest of the State in Certain Lands to Cora Fehling

I return herewith, without my approval, Senate bill No. 60, entitled

"An act to release to Cora Fehling all the right, title and interest of the people of the state of New York in and to certain real estate situated in the second ward of the borough of Queens, county of Queens, the city and state of New York, acquired by escheat upon the death of Martin N. Connolly."

The Public Lands Law provides a method by which petition may be made to the Commissioners of the Land Office for the release of lands which have escheated to the State. The commissioners are authorized to execute a conveyance to the petitioner upon such terms and conditions as the commissioners may deem just. If any improvement in the statutory

scheme can be suggested, suitable amendment may be made. But the method provided by the general law should be resorted to, and special legislation in the interest of particular claimants should be discouraged.

I return herewith, without my approval, Senate bill No. 784, entitled

"An act to amend section four hundred and fiftyeight of the penal code relating to crimes against the public peace."

This section of the Penal Code, in addition to the prohibition of prize fighting, prohibits public or private sparring exhibitions, with or without gloves, at which an admission fee is charged or received, either directly or indirectly. Prior to 1900 the section contained a proviso as follows: "Provided, however, that sparring exhibitions with gloves of not less than five ounces each in weight may be held by a domestic incorporated athletic association in a building leased by it for athletic purposes only for at least one year, or in a building owned and occupied by such association." The Legislature in 1900 struck out this proviso.

The amendment proposed by this bill would add a proviso as follows: "Provided, however, that sparring exhibitions with gloves of not less than eight ounces each in weight may be held by the Metropolitan Association of the Amateur Athletic Union of the United States, when such exhibitions are between registered amateurs and each exhibition between any

two such amateurs does not continue for more than fifteen minutes within any consecutive twenty-four hours between the same two contestants and are for medals or prizes other than money, which are permitted by the rules of the Amateur Athletic Union."

It will be observed that the section as it now stands does not prohibit sparring exhibitions for the purpose of pure sport. It prohibits such exhibitions when an admission fee is charged or received. This restriction has been maintained in the public interest, as it does not interfere with the sport itself, but has been found to furnish practicable means for preventing the abuses that creep in when such exhibitions are given for the purpose of gain.

It was found necessary to strike out the original proviso in favor of incorporated athletic associations because of the evils which resulted, notwithstanding the conditions imposed. The present amendment allows such exhibitions where an admission fee is charged under the auspices of the Metropolitan Association of the Amateur Athletic Union. But however laudable the purposes of this association, it is still a private association; and it is not easy to sustain a distinction which would give it an exclusive privilege. Other associations, either now existing or hereafter formed, might well claim to be put upon the same footing.

In my judgment this is a step in the wrong direction. The bill is not necessary to support a wholesome interest in boxing as a sport. There is no reason why amateur athletic associations should not encourage it and why lovers of the sport should not engage in it under suitable conditions. This they can do without charging an admission fee for exhibitions. The wise policy of the State to prevent the excesses which are certain to result if the sport is artificially stimulated by permitting pay exhibitions should be adhered to. The act repealing the original proviso was approved by Governor Roosevelt, and the act proposing a new proviso very similar to the one now proposed was vetoed by Governor Higgins.

(Signed)

CHARLES E. HUGHES