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the case of John M. Schuyler; by Governor Morton in 1896 in the case of Bartholomew Shea; and by Governor Roosevelt in 1899 in the case of Howard C. Benham.

It is highly important that the constitutional and statutory scheme with regard to the suspension of the execution of sentence in cases like the present should be maintained in its integrity. In view of the special circumstances of this. case I have deemed it proper to grant a respite to the said William Jones from the execution of his sentence until the eighth day of March, 1909, in order that time may be allowed for the hearing of the pending motion for a new trial.

(The motion for a new trial was denied and the prisoner was executed on March 8, 1909.)

December 31. Charles Bowser. Convicted of murder in the first degree, in the county of New York, and sentenced May 17, 1909, to be executed. Conviction affirmed by the Court of Appeals, and execution to take place during the week beginning January 3, 1910. Respite until February 14, 1910.

Granted on the application of Supreme Court Justice Pound in order to afford sufficient time for the hearing and decision. of a motion for a new trial now pending before him on the ground of newly discovered evidence. A further respite on the same ground was granted until February 28, 1910.

(The motion for a new trial was denied and the prisoner was executed on February 28, 1910.)

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XII

MISCELLANEOUS

XII

MISCELLANEOUS

Certificate of Election of Senator Elihu Root

STATE OF NEW YORK EXECUTIVE CHAMBER

To the President of the Senate of the United States: This is to certify that on the twentieth day of January, nineteen hundred and nine,

ELIHU ROOT

was duly chosen by the Legislature of the State of New York a Senator from said State to represent said State in the Senate of the United States for the term of six years, beginning on the fourth day of March, nineteen hundred and nine.

WITNESS: His Excellency our Governor, Charles E.

Hughes, and our seal hereto affixed at Albany [L. S.] this twenty-first day of January in the year of our Lord nineteen hundred and nine.

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Albany, N. Y., January 20, 1909

At a joint assembly of the Senate and Assembly of the State of New York, held, pursuant to law, and a concurrent resolution, on Wednesday, the twentieth day of January, 1909, at twelve o'clock noon, for the purpose of comparing the journals of the Senate and Assembly relative to nominations for the office of Senator in Congress of the United States for the term of six years from the fourth day of

March, 1909, it appearing upon such comparison, that the two houses had agreed and nominated the same person, the President of the Senate, presiding over said joint assembly, declared

HONORABLE ELIHU ROOT,

of the borough of Manhattan, in the city of New York and county of New York, to have been elected Senator in Congress of the United States for the term of six years from the fourth day of March, 1909.

IN WITNESS WHEREOF, we have hereunto set our hands and affixed the official seals of the Senate and Assembly, the day and year above written.

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In Relation to an Acquisition and Appropriation by the Forest Purchasing Board

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HON. CHARLES E. HUGHES, Governor of the State of New York, Albany, N. Y.

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DEAR SIR.-You will doubtless remember that some time ago on January 19, 1909I had an interview with you on behalf of the Forest Purchasing Board with regard to the acquisition and appropriation by said Board of Townships 2

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