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upon, it is difficult to see why the public authorities should not have the same privilege with regard to public schools.

In our large cities the pressure upon our public school system is so great that a large number of children must inevitably be educated in private schools, and under the conditions which actually exist suitable safeguards should be provided in both cases. The bill is therefore disapproved.

(Signed)

CHARLES E. HUGHES

Providing for a New Board of Pharmacy

STATE OF NEW YORK Executive Chamber

Albany, May 24, 1909

MEMORANDUM filed with Assembly bill No. 2285 (Senate Reprint No. 1515), entitled

"An act to amend the Public Health law relative to the practice of pharmacy."

NOT APPROVED.

In my annual message to the Legislature at the beginning of the last session I recommended the revision of the laws relating to the State Board of Pharmacy and proper amendments to secure such additional restrictions with regard to the sale of drugs as might be advisable. It was pointed out that our present system of supervision was faulty, and that while it was not intended to criticise the present members of the Board, it was not compatible with a proper theory of State administration that there should be a State Board exercising important State powers which was not properly accountable to State authority, and over the selection of members of which the State had no proper control.

The present bill provides for a new Board of Pharmacy to consist of nine examiners to be designated by the Regents of the State University. While, so far as examinations and licenses are concerned, it might be proper to have the board constituted in this way, the advisability of investing such a

board of examiners with the broad powers provided for in the bill is open to serious question.

It is provided, however, that the first examiners are to be designated from the members of the present Board, and that in appointing their successors the appointments by the Regents "shall be made from the names of six candidates to be submitted to the Regents" by the Pharmaceutical Association. Thus the powers given by the bill are to be exercised by those designated in this manner by a private organization. I do not believe in this policy. Even so far as examinations and licenses are concerned, it is open to one of the objections upon which I disapproved the optometry bill of two years ago, which provided that the Board of Examiners in Optometry to be appointed by the Board of Regents should be selected from those nominated by the Optical Society.

In the light of this objection, it is unnecessary to consider the other grounds which have been urged by those who have opposed the bill. The bill is disapproved.

(Signed)

CHARLES E. HUGHES

Relative to the Incorporation and Government of Holy Orthodox Greek Catholic Apostolic Churches

STATE OF NEW YORK EXECUTIVE CHAMBER

Albany, May 25, 1909

MEMORANDUM filed with Assembly bill No. 1391 (Senate Reprint No. 1361), entitled

"An act to amend the religious corporations law, relative to the incorporation and government of Holy Orthodox Greek Catholic Apostolic churches."

NOT APPROVED.

It is apparent that provision should be made for the incorporation of Orthodox Greek Catholic Apostolic churches, as the present law is entirely inadequate and has incongruous features. But such provision for incorporation should take

proper account of, and be satisfactory to, the different divisions of the Orthodox Greek church. Vigorous protest has been made against this bill because it has ignored these divisions, and it would seem that only uncertainty and confusion would result from its enactment into law. It is better that the matter should rest until the next session of the Legislature when it will not be difficult to frame a law which will provide in a satisfactory way for all concerned.

(Signed)

CHARLES E. HUGHES

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Amending the State Finance Law, in Relation to Secu= rities Given and Deposit of Money in Banking Insti= tutions

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MEMORANDUM filed with Assembly bill No. 1806, entitled

"An act to amend the State Finance law, in relation to securities given and deposit of money in banking institutions."

NOT APPROVED.

The State Finance law provides that State moneys deposited in banks by the State Treasurer shall be secured either by a surety bond to the State, or by a deposit with the Comptroller of State bonds. The amendment proposed by this bill permits such deposits of State moneys to be secured by municipal or corporate bonds which are legal investments for savings banks in the State of New York having in the aggregate a market value at least ten per cent in excess of the amount of the deposit secured.

It is entirely proper that the State should favor its ow bonds in providing security for the deposit of its own moneys. I am advised by the State Comptroller that the preference given by the statute "has materially assisted in the disposition

of bonds" and that this amendment "would in the judgment of this department seriously interfere with the State's financial operations in connection with the improvement of canals and highways." In view of the large undertakings now in progress and of the amount which must be provided from bond sales, it would be unfortunate if anything were done to prejudice the State's obligations or to withdraw any advantage they may now possess. The bill is therefore disapproved.

(Signed)

CHARLES E. HUGHES

Amending the Rapid Transit Act, in Regard to Extensions of Such Railways

STATE OF NEW YORK EXECUTIVE CHAMBER

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Albany, May 26, 1909

MEMORANDUM filed with Senate bill No. 1507, entitled

"An act to amend chapter four of the laws of eighteen hundred and ninety-one, entitled 'An act to provide rapid transit railways in cities of over one million inhabitants,' in regard to extensions of such railways."

NOT APPROVED.

This bill provides for the amendment of section 24 of the Rapid Transit act and conflicts with Assembly bill No. 2310, known as the Travis-Robinson bill which amends the same section. The Travis-Robinson bill is a comprehensive measure designed to meet in a just way, and with proper safeguards of the public interest, the necessities of the city with regard to rapid transit development. Nothing should be done to introduce uncertainty or confusion. If the present bill were signed first, the subsequent signing of the Travis-Robinson bill would supersede it. If the Travis-Robinson bill were signed first, the signing of this bill would override important. provisions of the former. From any point of view this bill is inadvisable and cannot be approved.

(Signed)

CHARLES E. HUGHES

In Relation to Motor Vehicles

STATE OF NEW YORK

EXECUTIVE CHAMBER

Albany, May 26, 1909

MEMORANDUM filed with Assembly bill No. 2413, entitled

"An act to amend the Highway law, by repealing article eleven thereof and inserting a new article eleven, in relation to motor vehicles."

NOT APPROVED.

The study of this measure has convinced me that it would be unwise to enact it into law. It is true that it provides for an increase of the State's revenues, and in view of the amounts we are expending in the improvement of our highways and of the difficulties of maintenance under new uses, the revenue provisions of the bill are important.

But the subject of paramount consideration at this time is protection to life and limb. We are passing through a period of adjustment when the natural hostility of many to new highway conditions is increased by abuse of privilege, and others are chafing under what they regard as vexatious restraints and unjust exactions. Nothing can be more certain than that the use of motor vehicles will largely increase, that the number of accidents will diminish, and that usage and common sense will largely do away with present evils. During this transition period, however, there should be the utmost care in legislation so that matters should not be made worse instead of better. There are many good provisions in this bill and it has been strongly urged that it should have a trial. But it seems to me better to wait and to secure an improved bill, than to enact a measure as defective as this one appears to be.

The present law provides specific speed limitations of ten miles an hour where the territory is closely built up, fifteen miles an hour elsewhere in a city or village, and twenty miles an hour elsewhere outside of a city or village. In addition, the present law also provides for a reasonable rate of speed in all cases,— that is, that no one shall operate a motor vehicle

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