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Another excellent illustration of the way in which the business of the State can be held up by appeals from interlocutory judgments and orders is furnished by special franchise tax litigations in which my efforts to force settlements have been much handicapped by many corporations through the facility with which appeals from interlocutory orders can be taken. Many of the actions are at the present time held up pending appeals by the corporations from orders denying their motions for further returns by the State Board of Tax Commissioners. These illustrations and many others which might be mentioned convince me that a radical change in the law governing such appeals is neces

sary.

I shall, therefore, present to your honorable body a proposed amendment to the Code of Civil Procedure, providing that a practice similar to that in criminal cases shall prevail where the people or municipal corporations or public officers are a party, and that appeals from interlocutory orders or judgments shall not be taken separately from appeals upon the merits after a trial, except in cases where the Attorney-General or other attorney representing the State or municipal corporation or public officer consents thereto.

The third change which I request has already been outlined. It is that I be given a new deputy to be designated to act in the Comptroller's office under my supervision and control, for the purpose of expediting the transaction of business of that Department, of passing upon the bonds and other instruments required by law to be approved by me, and to furnish legal advice and counsel in the ordinary routine matters coming before that officer. The Comptroller joins with me in this recommendation, and I feel that it would be to the advantage of both Departments. Besides the benefits already pointed out, the change would furnish this Department with the services of a deputy thoroughly familiar with the procedure and the precedents in the office of the Comptroller a familiarity which would be of great assistance to me in passing upon those more serious questions in that Department which would continue to come before me for my opinion.

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I cannot conclude this report without expressing my appreciation of the cordial co-operation and effective assistance rendered

me throughout the year by my deputies and entire office force. Under the circumstances surrounding this office it is necessary for me to rely largely upon the judgment, ability, and discretion of my assistants and I realize fully that whatever success has attended my administration is largely due to this assistance. I wish particularly to commend the gratuitous services given me by Mr. Goellet Gallatin, who served throughout the year as Deputy Attorney-General in my New York office without compensation and rendered very effective and conscientious service.

SUMMARY OF THE BUSINESS OF THE OFFICE FOR THE YEAR 1909.

Money recovered for the State during the year....

$67,214 31

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Written opinions furnished during the year (excluding numerous communications, formal and informal) ..

312

Abstracts of title referred to the office for examination ...

400

Number of violations of the Agricultural and Pure

Food Laws, referred to this office by the Agricul

...

tural Department . Number of persons indicted for violation of the Election Laws ...

1,558

90

Number of proceedings instituted to review the determination of the State Board of Tax Commissioners.

550

Applications to Land Board....

107

Mortgage foreclosure suits to which the State is a

party.

175

Partition actions to which the State is a party....
Proceedings in Surrogates' Courts to which the

102

State is a party...

181

Certificates of incorporation examined..

Quo warranto proceedings and other similar actions begun..

Applications for leave to commence actions presented to the Attorney-General....

Hearings had upon such applications.

75

18

32

24

Number of claims disposed of in Court of Claims.
Amount claimed . .

416

$4,777,406 57

Amount awarded

643,711 56

Number of claims dismissed with no award..
Amount of Claims dismissed..

89

$394,109 19

Number of claims disposed of in 1909 more than

in 1908 . . . .

45

Number of claims disposed of in excess of number filed ..

39

Number of cases argued in United States Supreme

Court for year 1909.....

Decided in favor of the State...

Number of cases argued in Court of Appeals..
Decided in favor of the State.

Modified.

Number of cases argued in Appellate Division...
Decided in favor of the State...

Undecided..

1

1

12

2

1

31

18

3

Further items and particulars are set forth in the schedules

herewith presented.

Respectfully submitted,

EDWARD R. O'MALLEY,

Attorney-General.

COURT OF CLAIMS DEPARTMENT

Outline of cases pending on appeal in the Court of Appeals, and in the Appellate Division from the Court of Claims, and judgements received from the Court of Claims.

COURT OF CLAIMS 1909

377 claims were filed, amount claimed.....

214 of these were Barge Canal claims, amount

claimed . . .

$4,498,959 24

.. 3,778,539 97

416 claims were tried and disposed of, amount.

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MARY W. BURCHARD, APPELLANT, VS. THE STATE OF NEW YORK, RESPONDENT.

This claim was filed for $4.500 permanent appropriation of land in Gates, for the use of the Barge Canal, and depreciation of balance of farm. The case was tried at Rochester, May 27,

1907, and an award of $857.56 awarded claimant. From this judgment claimant appealed to the Appellate Division. The judgment of the Court of Claims was reversed by the Appellate Division and from this judgment an appeal was taken to the Cour: of Appeals, where the appeal was dismissed.

GEORGE BURK ELY, APPELLANT, TS. THE STATE OF NEW YORK, RESPONDENT.

This claim was filed for the sum of $1,800 for damage to land and crops in Clay, Onondaga county, by reason of raising the dam at Phoenix, and raising the waters of the lakes and rivers. The case was tried at Syracuse, February 18, 1907, and a judg ment of dismissal rendered. The claimant appealed to the Appellate Division, where the judgment of the Court of Claims was affirmed. From the decision of the Appellate Division claimant appealed to the Court of Appeals. The appeal has not been argued.

COURT OF CLAIMS DEPARTMENT IN APPELLATE

DIVISION

ROBERT EARL, AS EXECUTOR OF ROBERT EARL, DECEASED, APPELLANT, rs. THE STATE OF NEW YORK, RESPONDENT.

This claim was filed to recover the sum of $27,000 for balance of salary of Robert Earl, late of the village of Herkimer, as Justice of the Court of Appeals. The claim was tried at Utica, March 15, 1909, and a judgment rendered by the Court of Claims for the sum of $2.845.48. From this judgment the claimant has appealed to the Appellate Division. The case has not been argued.

ALONZO BURKS, CLARA G. BURKS, ALONZO BURKS, ROSALIA INDA, VERONICA OLSZEWSKA, APPELLANTS, US. THE STATE OF NEW YORK, RESPONDENT.

The above claims were filed for personal injurics received while riding on the inclined railway at the Niagara State Reservation at Niagara Falls, caused by the breaking of a cable and safety

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