a controlling voice. If the object of the company be simply its own private gain, then the proposed transfer of the lands along the shore and under water from their present owners, without such owners' consent, to this company, would, according to judicial decisions, be taking private property, and not for public uses.

The charter granted to the company is perpetual, and is not subject to modification, amendment and repeal by the Legislature.

The bill would create a corporation clothed with extraordinary powers, no corresponding obligations being imposed on it, and subject to no future control by the Legislature." The bill was not passed over the veto.

May 5. To the Assembly:

Veto of a bill entitled "An act to consolidate the several school districts and parts of districts within the corporate limits of the village of Johnstown, and to establish a union graded school therein."

"The bill proposes to consolidate the several school districts and parts of school districts within the corporate limits of the village of Johnstown, the consolidated district to be under the control of nine' commissioners,' who are constituted a body corporate under the name of the 'Board of Education of the village of Johnstown,' and who are to have power, among other things, to hire the 'Johnstown Academy' for an academical department of the schools of said village, and to accept a transfer of said academy whenever the trustees thereof shall, as authorized by the bill, see fit to make it.

These purposes can be accomplished under existing provisions of law, and this special law is therefore unneces

sary.

Sections 4, 5 and 6 of title 9 of the general school law, passed in 1864, make ample provision for the establish

ment and organization of such a union school district, under the control of a similar board of education, by a vote of the people in the territory to be affected.

Section 24 of the same title and act provides for the adoption of any existing academy within the limits of the district, by such board of education, with the consent of a majority of the voters of the district, and of the trustees of the academy.

All the main features of this bill are embodied in existing statutes, general in their nature, and equally applicable to the village of Johnstown as to other localities whose schools are organized under them. In the few details in which it differs from the general act, the bill is open to these objections:

1. The proposed district is not to be distinguished by a number, as school districts usually are, and as it is important they should be, but is to be known only by name as the Johnstown Union School.'

2. The persons comprising the board of education are to be styled commissioners' instead of trustees, by which latter title they are known in other districts throughout the State. The law already knows one class of officers as 'School Commissioners,' and it seems to be undesirable to create another body of men with other and different duties and powers, to be known by the same name.

3. That officer of the board of education designated in the school law as the clerk, in this bill is named 'secretary.' His duties being, in the main, identical with those of clerks in other union districts, his official title should be the same. 4. Section 21 of the proposed act authorizes the school commissioner of Fulton county,' whenever he shall deem it for the interest of the parties concerned,' to annex to said union district any lands, premises and territory which, at the time of the passage of the bill, formed a part of any of the districts consolidated by the bill.

Under this provision the school commissioner might, at

any time, without consulting the inhabitants who are to be transferred or the officers of the district, transfer such inhabitants and their property to said union district.

The restrictions in title 6 of the general school law upon the alteration of school districts are thus entirely taken away, so far as the territory in question is concerned. Acting under the restrictions of the general law, the commissioner is obliged either to obtain the consent of the trustees of all the districts to be affected by his order, or, if they refuse to consent, the supervisor and town clerk of the town in which such districts are situated may be associated with him in the determination of the matter. There appears to be no good reason why the inhabitants of the territory affected by the proposed act should be denied this safeguard of these restrictions.

If the citizens of the village of Johnstown are opposed to the contemplated consolidation, it should not be forced upon them. If they favor it, they can effect it without the aid of this bill, under existing general laws."

The bill was not passed over the veto.

May 10. To the Assembly:

Veto of a bill entitled "An act in relation to assessment rolls in the town of Oswegatchie, in the county of St. Lawrence." "The bill provides that the assessors of the town of Oswegatchie shall hereafter in all assessments for the purposes of taxation, make a roll for each of the wards in the city of Ogdensburgh, and another for that portion of the town not included within the corporate limits of said city, and shall deliver one of said rolls to the supervisor of each ward; and yet, that the warrants issued for the collection of the taxes shall be addressed and delivered to the collector of the town.

The bill is, in my judgment, a needless interference with the details of the duties of town assessors and town super

visors, which are regulated, and no doubt wisely regulated, by the general laws.

The city of Ogdensburgh is a part of the town of Oswegatchie, and its citizens have their share in electing the supervisor of the town, whose jurisdiction as a town officer extends over the city as well as over the rest of the town for all town purposes. So long as the city continues to be a part of the town, it is not right that any of his duties and powers should be devolved upon the ward supervisors, whose jurisdiction is much more limited.

If there be sufficient reason for making the proposed change, then it should be made by a general law applicable to all cities and towns similarly situated."

The bill was not passed over the veto.

May 10. The legislature adjourned without day.

ACTION ON BILLS AFTER ADJOURNMENT OF THE LEGISLATURE.

May 21.

Veto of the following bills: "An act to increase the rate of commutation of sentence to be earned by convicts under the provisions of section 2, chapter 417, of the laws of 1862, and the laws amendatory thereof."

"The present law is sufficiently liberal and works well. It gives assurance to convicts that patience in well-doing will ensure moderate rewards, and that is enough. Frequent changes in it are not to be encouraged.

Moreover, the commutation law places, to a certain extent, the power of liberating the prisoner, before his sentence is expired, practically, in the hands of the wardens. The Governor has no means of checking their returns of good conduct, which are not made periodically, but only as (by commutation) the sentence is about to expire. The

n

present law leaves quite enough power of this nature in their hands."

"An act to incorporate the Bethlehem Mutual Insurance Association, and to ratify its proceedings."

"If this Company desires to have enlarged powers it should reorganize under existing general laws. Such power should not be conferred by reference (as in this bill) to an act which has been repealed."'1

"An act to amend the charter and to confer additional powers upon the trustees of the village of Jamaica."

"The amendments, among other things, provide for the assessment of damages in cases of taking private lands for public uses by commissioners to be appointed by the village trustees.

This is clearly unconstitutional. See article 1, section 7, Constitution of New York."

"An act to incorporate the Harlem Yacht Club.”

"Because the objects sought can be attained under existing general laws."

"An act to facilitate the extension of the Schoharie Valley Railroad."

"First section defective in allowing' name of any person written by his or her order,' &c., to be proof of consent to bonding, without requiring any evidence of genuineness of signature or knowledge of contents.

Moreover, the bill, the title of which relates to Schoharie Valley Railroad only, makes provision for subscription of bonds not only for that, but for another road called the Gallupville Railroad."

1 Const. 1846, art. 3, § 17.

1 Const. 1846, art. 3, § 16.