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Permitting Life Insurance Companies to Issue Policies of Insurance and Annuities With Special Rates of Premium to Labor Unions and Other Organizations

STATE OF NEW YORK EXECUTIVE CHAMBER

Albany, May 29, 1909

MEMORANDUM filed with Senate bill No. 806 (Assembly Reprint No. 2357), entitled

"An act to permit life insurance companies to issue policies of insurance and annuities with special rates of premium to labor unions and other organizations." NOT APPROVED.

This bill provides that any life insurance company doing business in this State may issue policies of life or endowment insurance "on the industrial plan with weekly or monthly payment of premiums," with special rates, less than the usual rates, to members of labor unions, lodges, beneficial societies or similar organizations, or employees of a single employer, who, through their secretary or other officer, or employer, may take out insurance “in an aggregate of not less than one hundred members and pay their premiums through such officer or employer."

Upon the hearing certain fraternal organizations and labor unions opposed the bill upon the ground that its operation would be injurious to their just interests.

Apart from the grounds thus urged, the bill has a most important bearing. It in effect introduces a definition of "industrial insurance" as involving either weekly or monthly payment of premiums. In view of other provisions of law bearing upon industrial insurance, such a definition should not be adopted by a phrase appearing in an amendment of this sort, but should receive independent consideration and careful study of all its consequences, the necessity for which can hardly be supposed to have been suggested to the Legislature in connection with this bill.

The bill is therefore disapproved.

(Signed)

CHARLES E. HUGHES

Amending the Public Service Commissions Law, Relative to the Approval of Issue of Stocks, Bonds and Other Forms of Indebtedness

STATE OF NEW YORK

EXECUTIVE CHAMBER

Albany, May 29, 1909

MEMORANDUM filed with Senate bill No. 1229, entitled

"An act to amend the Public Service Commissions law, relative to the approval of issue of stocks, bonds and other forms of indebtedness."

NOT APPROVED.

Assuming it to be advisable to make provision for the purposes described in this amendment, it should be carefully safeguarded, and the same policy should be adopted with regard to all corporations subject to the Public Service Commissions law. It does not seem advisable to approve the amendment in its present form, and it is deemed preferable to refer the matter to the Legislature for their consideration in the light of the recommendations of the Public Service Commission.

(Signed)

CHARLES E. HUGHES

Amending the Agricultural Law, in Relation to Condensed Milk and Evaporated Milk and the Branding of Cheese and Butter

STATE OF NEW YORK EXECUTIVE CHAMBER

Albany, May 29, 1909

MEMORANDUM filed with Assembly bill No. 2185, entitled

"An act to amend the Agricultural law in relation to condensed milk and evaporated milk and the branding of cheese and butter."

NOT APPROVED.

The policy reflected in recent legislation of requiring commodities to be suitably branded or labeled is of great im

portance to the just interests of those engaged in agricultural and industrial pursuits and for the protection of the general public. This bill, however, has been criticised upon the ground that the proposed description "watered process cheese" is not absolutely just, and that another description might readily be required which would fully meet the purpose in view and furnish no basis for any misapprehension.

In order that this matter may be considered and full justice be done in securing the proper branding of the commodity in question, it seems better that it should be referred to the next session of the Legislature, and that this bill should not be approved.

(Signed)

CHARLES E. HUGHES

Providing that the Heads of Police Departments in Cities of the First and Second Class Shall Divide the Force into Three Platoons

STATE OF NEW YORK EXECUTIVE CHAMBER

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Albany, May 29, 1909

MEMORANDUM filed with Senate bill No. 1462, entitled

"An act to promote the health and efficiency of policemen in cities of the first and second class."

NOT APPROVED.

This bill provides that the heads of police departments in cities of the first and second class shall divide the force into three platoons. It is the same measure that was before me last year and was then disapproved. Its supporters state that "The three-platoon system is now in operation in the cities of Buffalo, Rochester, Troy, Syracuse and Binghamton." It can be put in operation in any other city where the city administration desires it. It is simply a question of local government and I am unable to see upon what ground the State should undertake to dictate to the municipality the manner in which its police force should be divided for tours of duty.

As I said last year, I do not deal with the merits of the three-platoon system but simply with the question as to the authority under which such a change, if desirable, should be effected.

Upon the ground, therefore, that the appeal for any such change in methods should be made to the local authorities. who have full power in the premises, this bill is disapproved. (Signed) CHARLES E. HUGHES

Amending the Business Corporations Law, in Relation to Corporations Having Shares of Capital Stock Without Nominal or Par Value

STATE OF NEW YORK - EXECUTIVE CHAMBER

Albany, May 29, 1909

MEMORANDUM filed with Assembly bill No. 1577, entitled

"An act to amend the Business Corporations law, in relation to corporations having shares of capital stock without nominal or par value."

NOT APPROVED.

This bill represents an important departure with regard to the capitalization of corporations, which has received the approval of public spirited students of corporate problems. But if such a measure be enacted, its administrative features and its relation to the general statutes of the State, such as those providing for taxation, should be worked out in an entirely practicable way and leave no question of its results. This bill is technically defective, by reason of an inaccurate reference, with regard to the imposition of the stock transfer tax, and it is also opposed by the State Comptroller because in his judgment it would not be adjusted, in a suitable way, to the present plan of annual franchise assessment.

It has been suggested that the bill might be enacted into law and be subsequently amended to remove the ground of

these objections.

But it seems to me that the better course is

to perfect the plan, and to provide for such adjustments as may be necessary, before it is approved.

(Signed)

CHARLES E. HUGHES

Providing for the Assessment and Collection of Deficiencies in Amounts Heretofore Raised by Assessment to Defray the Expense of Certain Local Improvements in the City of Syracuse

STATE OF NEW YORK - EXECUTIVE CHAMBER

Albany, May 29, 1909

MEMORANDUM filed with Assembly bill No. 2391, entitled

"An act to provide for the assessment and collection of deficiencies in amounts heretofore raised by assessment to defray the expense of certain local improvements in the city of Syracuse."

NOT APPROVED.

The purpose of this bill is to provide for the assessment upon the properties originally assessed of deficiencies alleged to exist with respect to certain local improvements made, for the most part, about ten years ago. It is a requirement of obvious justice that assessment for such deficiencies should be promptly made when their necessity and cause may be the subject of suitable consideration. It does not seem to be proper that where property has been dealt in for many years upon the assumption that it is free from lien, assessments of this sort should be made against it.

The city is represented by its officers, and the city as a whole properly bears the consequences of laxity and neglect in administration. If any past administration has failed to perform its duty with regard to such deficiencies as are now claimed to exist, it does not follow that it would be fair to make such assessments as those for which this bill provides. After the lapse of so long a time it may be difficult to deal with the matter on any basis which is entirely free from criti

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