Provision is made for inquiry into matters of freight rates and passenger fares and for the fixing of such rates as shall be found just and reasonable. If a passenger rate of two cents a mile is just and reasonable it can be fixed. If it is not just and reasonable it should not be fixed. It will be said that this requires time and investigation. But it will not require any longer time or any more protracted investigation than are necessary to reach a right result. The interests of the country are so great and our individual interests are so closely interwoven that it is to the highest degree dangerous to give encouragement to the spirit of impatience with the orderly processes of inquiry. It may also be said that many other States have adopted similar legislation. If the principle of that legislation be sound we could readily follow the precedent; but if it be unsound there is the greater reason why it should not be followed. The State of New York has provided machinery to settle these questions justly to all with as much despatch as possible. It is to the interest of all that this machinery should be made as perfect and efficient as possible. It is to the interest of none that it should be discarded because of preference for arbitrary legislative action. sity If this bill were to become a law it would most probably lead in many cases on account of pretended or real necesto economies in service and to readjustment of rates now lower, to the annoyance and injury of considerable numbers of the traveling public for which the gain to others would not necessarily compensate. Again, the validity of such a statute would almost certainly be contested in protracted litigation, the result of which, to say the least, would be in doubt. At a critical time when the interests of all demand that reason and judgment should control in dealing with such matters, we should have abandoned our true line of action and facilitated still wider departures. I therefore disapprove this bill. (Signed) CHARLES E. HUGHES ! In Relation to the Compensation of Supervisors STATE OF NEW YORK EXECUTIVE CHAMBER Albany, June 11, 1907 TO THE ASSEMBLY: I return herewith, without my approval, Assembly bill No. 1907 (Senate Reprint No. 1382), entitled "An act to amend the county law, in relation to the compensation of supervisors." This bill conflicts with another bill, passed at this session, amending the same section of the County Law. (Signed) CHARLES E. HUGHES Amending the Act in Relation to the South Side Boulevard of Staten Island STATE OF NEW YORK - EXECUTIVE CHAMBER Albany, June 13, 1907 TO THE ASSEMBLY: I return herewith, without my approval, Assembly bill No. 2197, entitled "An act to amend chapter one hundred and ninety of the laws of eighteen hundred and seventy-eight, entitled 'An act to protect the sea side boulevard and meadows adjacent thereto on the south shore of Staten Island, and to prevent the same from being injured or overflowed by the waters of the bay of New York,' in relation to the removal of sand, earth or clay." The present law prohibits the removal of sand, earth or clay from the beach on the south shore of Staten Island opposite or contiguous to the Sea Side boulevard described. This bill qualifies the prohibition by inserting the words "above low water mark." If the purpose of this change is to enable owners of land under water to remove sand, earth or clay from places within the limits of their own grants, the bill should so state. I cannot approve it in its present form. CHARLES E. HUGHES (Signed) Relative to Warrants Issued by Police Justices of Second I return herewith, without my approval, Assembly bill No. 2500, entitled "An act to amend the code of criminal procedure, relative to warrant issued by certain judicial officers." This bill amends the law so as to provide that a warrant issued by a "police justice of a city of the second class" may be directed to any peace officer in the State and need not be indorsed, as at present required, by a magistrate of another county within which it is to be executed. I do not approve the policy of this bill; and furthermore, if police justices are to have this power, there is no reason why it should be limited to police justices of cities of the second class. (Signed) CHARLES E. HUGHES Providing for Additional Brakemen for Freight Trains STATE OF NEW YORK - EXECUTIVE CHAMBER Albany, June 15, 1907 TO THE ASSEMBLY: I return herewith, without my approval, Assembly bill No. 455 (Senate Reprint No. 1338), entitled "An act to better protect the lives of railroad employees." This bill provides that it shall be unlawful for any railroad company in the State of New York "that runs more than four freight trains in twenty-four hours," to run over any part of its road outside of yard limits any freight train composed of more than twenty cars with less than a full crew of six persons, to wit, one engineer, one fireman, one conductor and three brakeman; or a light engine without cars without a crew composed of one engineer, one fireman, one conductor or flagman, when running a distance of ten miles or more from starting point. According to present practice, freight trains are very generally operated with a crew of five persons, and the object of this bill is to compel the employment of an additional brakeman. The necessity for this is said to lie in the fact that without three brakemen the freight trains are insufficiently manned, and that firemen are compelled to leave their places in all kinds of weather to throw switches when the two brakemen are required respectively to go ahead of and behind the train. This bill, however, upon the facts developed before me upon the hearing and undisputed, is clearly unconstitutional. Such a measure should define the service required with suitable reference to circumstances and conditions so that the law would apply in proper cases and not otherwise. The bill takes no account of the differences between the different roads and parts of roads, in trackage and switching facilities, and of the fact that what may be necessary in the case of some railroads may be wholly unnecessary in others. In the case of the New York Central railroad it was shown that the trackage and switching facilities on its main lines were of such a character as to make unnecessary the employment of a third brakeman in accordance with the provisions of the bill. This was frankly conceded by supporters of the bill. To require the expenditure of a very large amount of money (estimated at several hundred thousand dollars annually), without necessity for the outlay, is simply arbitrary exaction and a taking of property without due process of law. The bill does not refer its requirements to any proper standard of necessity or provide any criterion by which its proper application under varying conditions is to be determined. It contains an absolute requirement which, upon the facts conceded before me, cannot be justified. (Signed) CHARLES E. HUGHES In Relation to the Liability of the City of Watertown for Injuries to Persons or Property STATE OF NEW YORK EXECUTIVE CHAMBER Albany, June 17, 1907 TO THE ASSEMBLY: I return herewith, without my approval, Assembly bill No. 2302 (Senate Reprint No. 1489), entitled "An act to amend chapter seven hundred and sixty of the laws of eighteen hundred and ninety-seven, entitled 'An act to revise the charter of the city of Watertown,' in relation to the liability of the city." This bill, among other things, provides that the city of Watertown shall not be liable for injuries to person or property in consequence of the defective character of any street, highway, bridge or culvert unless it appears that actual notice |