In view of this possibility and as the Constitution provides that the canals shall remain the property of the State and be under its management forever," I respectfully recommend that discretionary powers, to the fullest extent permitted by the Constitution, over the canals and everything connected with the working of them, be conferred upon the Canal Board, to the end that they may adopt the best practical plan or combination of plans. They are a constitutional body which it seems to me may be properly charged with such responsibility and duty. In their hands the State might be enabled to realize all the benefits of both the contract and superintendent system, and be saved from the evils incident to either alone. They could establish and enforce such police regulations as would protect those engaged in navigation against the obstructions and delays to which they are now often needlessly subjected. They could contract for repairs when, in their judgment, it was most advisable, and they could have work done under superintendents when they considered the interests of the State would be thereby subserved. They could use what is good and reject what is bad in any system, and, knowing, as they are bound to know, the whole work and its necessities, could, through the proper offices, secure the best practical results, with the lowest possible expenditure.

It seems very certain that important reductions may be made in canal tolls. Every interest demands that such reductions should be made. I am informed that the Canal

a Const. 1846, art. 7, § 6.

b Const. 1846, art. 5, § 5.

3 By chapter 55, passed March 10, which abolished the canal contracting board, it was made the duty of the Canal Board "to determine the method or system by which the repairs of the canals shall be made, and their management conducted, and fix the rate of compensation to be paid to any and all the officers which said board is now authorized by law to appoint."

Board will recommend lower rates, and I ask the prompt concurrence of the Legislature.*

The State Engineer will, in his report, recommend certain specific improvements. I ask for his recommendations your most favorable consideration."

4 The Legislature by concurrent resolution, adopted by the Assembly on the 9th of April, and the Senate on the 13th, authorized the Canal Board to reduce canal tolls not exceeding 50% below the rate established by the toll sheet of 1852. The subject of reducing tolls was also included in chapter 379, passed April 25, "to provide for the payment of the canal and general fund debt, for which the tolls are pledged by the Constitution," which act contained a provision authorizing the Canal Board "to fix, regulate, and reduce the rates of toll upon the canals of this State, in such manner and to such extent as they may deem expedient to promote the trade and commerce of the State, and to prevent a diversion thereof. And it shall be the duty of the said board to exercise this authority in such way as to secure to the canals of this State the greatest practicable amount of tonnage and transportation."

The same act provided for a loan to pay the canal and general fund debts. According to the Comptroller's report the canal debt on the 30th of September, 1869, was $12,564,780, the general fund debt $4,694,526.40, amounting to $17,259,306.40. The act was to be submitted to the people at the November election in 1870. The act was rejected by a vote of 253,992 to 329,237.

5 Chapter 576, approved May 2, authorized the formation of a corporation to introduce on the canals the European system of steam towing, and for that purpose, to "submerge or place one or more chains or cables, on the bottom of the canals of this State, and attach the same thereto in such manner as will not interfere with navigation, and shall have the exclusive right to use such submerged chains and cables designated and known as the European system, in the prosecution of the peculiar method of towing." The act contained details as to the method of applying and operating the new system. Another act, chapter 655, approved May 5, also authorized the formation of a corporation to introduce an improved system of steam towage upon the canals "by the use of chains, cables or rails suspended over the canal, under a patent or patents to be held or acquired by said corporation, with the exclusive right to use the said system thereon" during the existence of the corporation.

Chapter 767, approved May 9, imposed a tax of one mill on a dollar for construction of new work upon and extraordinary repairs of the canals.

Chapter 788, approved May 18, appropriated $425,000 for the improvement of the Champlain canal so as to give it a general depth of seven feet, and a general width of forty-four feet on the bottom, and fifty-eight feet at water surface.

Chapter 767 was sustained in People ex rel. Williams v. Dayton (1874), 55 N. Y. 367.

EDUCATION.

I submit the following statement in relation to common schools for the year ending September 30, 1869:

Total receipts from all sources, including balance on hand at the commencement of

the fiscal year....

Total expenditures

...

$11,310,852.22

9,884,828.36

More than six millions was paid for teachers' wages, and nearly two and a half millions for school houses, sites, repairs, and furniture. The exact figures will appear by the report of the Superintendent of Education.

There are in the State nearly one million and a half of children of school age, about a million of whom attended the public schools during some portion of the year; while one hundred and twenty-six thousand were attending private schools.

Six normal schools are also in full operation; the attendance on which, in the aggregate, amounts to four thousand two hundred.

The total number of public school houses is eleven thousand six hundred and ninety-eight; and the estimated value of these, with their sites, is more than eighteen millions of dollars.

These facts show the great proportions to which our common school system has grown. There may be defects in it, but taken as a whole, it commands and receives the hearty commendation and the cordial support of the great body of the people. Under our form of government, in which the voice of the people is so potential, the State has a direct interest in so educating the masses that they may intelligently understand their duties as citizens; and no tax should be paid more cheerfully than that which enables all, without reference to station or condition, to acquire the rudiments of a good English education. The Legislature

should do all in its power to sustain and perfect a system which aims to accomplish this result.

The condition of the colleges and academies of the State will appear from the annual report of the Regents of the University.

STATE PRISONS.

The report of the Comptroller will show, in detail, the expenses and earnings of the several State prisons during the past year, and give the necessary explanations thereof.

There have been, during the year, mutinous disturbances among the convicts, and the expenses of the prisons seem to be largely in excess of the earnings. I renew the objections made in my last annual message to the contract system for the employment of the prisoners' labor. It is a vicious one and should be abandoned."

The discipline of the prisons has been seriously affected by legislation which has deprived their officers of nearly all discretion in regard to punishment. I think the chief officer of each prison should be clothed with the fullest discretionary powers in relation to the character and amount of punishment, subject to the restriction that it shall be inflicted only in his presence.

I submit to the Legislature that the subject of prison management has become one of very great consequence and demands earnest attention. More concentrated responsibility is needed, as well as protection against frequent changes of administrative officers. It is doubtful whether such results can be attained without an amendment of the Constitution making an entire change in the system."

6 The Legislature adopted a concurrent resolution authorizing the Governor to appoint a commission composed of three persons whose duty it should be to examine and consider the whole question of convict labor.

e Const. 1846, art. 5, § 4; am. 1876.

7 The subject of changing the system of prison management was considered by the Constitutional Commission of 1872, which reported a provision for a Superintendent of State Prisons, to be appointed by the Governor. A constitutional amendment (article 5, section 4) covering this subject was adopted in 1876.

The commissioners appointed by me, pursuant to chapter 408 of the Laws of 1869, to select a site and submit plans for the construction and management of a State penitentiary will, I am informed, make their report to the Legislature at an early day.

I have visited, during the year, all the State prisons, and given personal hearing to large numbers of convicts who desired to present applications for executive clemency. The total number of applications for pardon and commutation of punishment, presented personally or in writing, and examined by me, is about six hundred. Eighty-six pardons, and twenty commutations have been granted. A full statement of the names, and of the reasons in each case, will be transmitted to you hereafter.

SALT SPRINGS.

The quantity of salt inspected from the Onondaga salt springs, during the last fiscal year, was eight millions five hundred and thirty-four thousand six hundred and sixtyone bushels, a decrease of production, compared with the previous year, of two hundred and fifty-eight thousand eight hundred and fifty-three bushels. The revenue for the year, from all sources, was eighty-five thousand five hundred and thirty-one dollars and sixty-one cents; the expenses, forty-six thousand three hundred and eleven dollars and fifty-nine cents; the net revenue received by the State being thirty-nine thousand two hundred and twenty dollars and two cents.

8 The Commission on a State penitentiary located the reformatory at Elmira, and the location was confirmed by chapter 108, passed March 28. Chapter 427, approved April 27, provided for the erection of the necessary buildings, authorized the creation of a board of managers on the completion of the buildings, and prescribed the details of administration. Contract labor was prohibited in the reformatory. The act carried an appropriation of $75,000.