6 The enforcement of the criminal laws of the State. * * * Legislature of the State has by direct enactment recognized the fact that the Court of General Sessions in the City and County of New York is a County Court.' Criminal Code, Section 961. And the Court of Appeals has held repeatedly that this court is but a Court of Sessions of the County of New York, and is the criminal court of the County." * * * (Cases cited.) The Attorney-General in 1906 gave an opinion that the court in question is a county court and that its judges are county officers. I have reached the conclusion that the bill was not properly before the Mayor of the City of New York, and that I am bound to consider it upon its merits. It is opposed upon the ground that it is unnecessary and mandatory. But it serves to confirm the powers of the court which should not be left open to controversy, and so far as its features are mandatory they are not objectionable. The bill has the support of the majority of the Judges of the Court and has received strong endorsement from the bar. The bill is approved. (Signed) CHARLES E. HUGHES In Relation to the Jurisdiction of the Courts of Special Sessions of the First and Second Divisions STATE OF NEW YORK - EXECUTIVE CHAMBER Albany, May 28, 1909 MEMORANDUM filed with Assembly bill No. 1614, entitled "An act to amend section fourteen hundred and nineteen of the Greater New York charter, in relation to the jurisdiction of the courts of special sessions of the first and second divisions." APPROVED. This bill bears the endorsement of the Clerk of the Assembly that it was transmitted to the Mayor of the City of New York on May 1, 1909. It was received by me, on its return, on May 17, 1909. I am informed by the Mayor that the bill was actually delivered to him on May 3, 1909. Under the opinion of the Attorney-General that the time for its return is to be computed from the date of its delivery, I have acted upon the bill. The bill is approved. (Signed) CHARLES E. HUGHES Authorizing the City of New York to Grant to the New STATE OF NEW YORK EXECUTIVE CHAMBER Albany, May 28, 1909 MEMORANDUM filed with Assembly bill No. 2041, entitled "An act to authorize the city of New York to grant to the New York Central and Hudson River Railroad Company, and to its lessors, rights, interests and easements in certain park lands, streets, avenues and places in the borough of the Bronx in the said city of New York." APPROVED. This bill authorizes the Board of Estimate and Apportionment of the City of New York to make certain grants to the railroad company to enable it to make needed improvements at specified points on its line, and has been approved by the Mayor of the City. The compensation to be paid for the grants is to be determined by the Board of Estimate and Apportionment. With regard to the improvements desired and the advisability of the bill, the Public Service Commission of the First District advises me as follows: 66 We have considered carefully the desirability of these three improvements and have concluded that the objects are meritorious in each case. The bill is permissive. Under it the Board of Estimate can make such terms as to payments or otherwise as it sees fit. Last year a bill of somewhat the same sort was introduced that contemplated the placing of a loop at Mott Haven. This point aroused considerable opposition and there was some criticism upon it in the Commission. The Commission took no official action on it, however. Some persons have criticised the bill this year on the ground that it would allow the construction of the same loop. It is our opinion that this is not so and that the street rights referred to at Mott Haven are sufficient only for the better separation of tracks at the crossovers and the introduction of needed new crossings." 66 Inasmuch as the objects of the bill are good, that the bill is permissive, and that its proper objects cannot be accomplished under existing law or the new amendments to the Rapid Transit Act, the Commission favors the bill." MEMORANDUM filed with Assembly bill No. 1748, entitled "An act to amend the Greater New York charter, relative to vacations of employees." APPROVED. This bill bears the endorsement of the Clerk of the Assembly that it was transmitted to the Mayor of the City of New York on May 1, 1909. It was received by me, on its return, on May 17, 1909. I am informed by the Mayor that the bill was actually delivered to him on May 3, 1909. Under the opinion of the Attorney-General that the time for its return is to be computed from the date of such delivery, I have acted upon the bill. The bill is permissive and places a matter of purely local administration in the hands of the local authorities who will be responsible for the exercise of the power conferred. The bill is approved. (Signed) CHARLES E. HUGHES Amending the Greater New York Charter, Relative to the Classification of Criminals and Misdemeanants STATE OF NEW YORK EXECUTIVE CHAMBER Albany, May 28, 1909 MEMORANDUM filed with Assembly bill No. 1927 (Senate reprint No. 1486), entitled "An act to amend the Greater New York charter, relative to the classification of criminals and misdemeanants, and to cover the New York City Reformatory for Misdemeanants." APPROVED. This bill bears the endorsement of the Clerk of the Assembly that it was transmitted to the Mayor of the City of New York on May 1, 1909. It was received by me, on its return, on May 17, 1909. I am informed by the Mayor that tne bill was actually delivered to him on May 3, 1999. Under the opinion of the Attorney-General that the time for its return is to be computed from the date of its delivery, I have acted upon the bill. The bill is approved. (Signed) CHARLES E. HUGHES Amending an Act to Revise and Consolidate the Several Acts in Relation to the City of Kingston STATE OF NEW YORK EXECUTIVE CHAMBER Albany, May 29, 1909 MEMORANDUM filed with Assembly bill No. 1298, entitled "An act to amend chapter seven hundred and fortyseven of the laws of eighteen hundred and ninety-six, entitled 'An act to revise and consolidate the several acts in relation to the city of Kingston, to revise the charter of said city, and to establish a city court therein and define its jurisdiction and powers,' relative to the fire department." APPROVED. This bill bears the endorsement of the Clerk of the Assembly that it was transmitted to the Mayor of the City of Kingston on April 17, 1999. It was received by me, on its return, on May 3, 1909. I am informed by the Mayor that the bill was actually delivered to him on April 19, 1909. Under the opinion of the Attorney-General that the time for its return is to be computed from the date of such delivery, I have acted upon the bill. The bill is approved. (Signed) CHARLES E. HUGHES |