865-68

C

d

f

868

a

b

C

N. Y. STATE LIBRARY GOVERNORS MESSAGES 1905

Mass. Douglas. Recommends that expense of new buildings and repairs be defrayed without recourse to loans.

21 Mr 05, p.6-7 Minn. Van Sant. "It is .. gratifying to reflect upon the fact that to erect this magnificent structure [new capitol] not one dollar of bonded indebtedness has been incurred."

4 Ja 05, p.3

S. C. Heyward. "On December 19, 1904, the Supreme Court of the United States affirmed the decision of the United States Circuit Court, in the case of Lee against Robinson, and declared the revenue bond scrip of this state to be void. Under the act of March 2, 1872, $1,800,000 of this scrip was issued. . . By this decision the state is forever relieved of the liability to redeem the $1,800,000 of scrip outstanding, and a menace to her finances has been removed.

10 Ja 05, p.6 S. D. Herreid. "In September, 1901, Simon Schaffer, of New York, through Hon. Charles H. Burke, made to the state of South Dakota, a donation of 10 bonds, issued by the state of North Carolina, with accrued interest, amounting to $27,400. The bonds were delivered with the intimation that the donor 'would be pleased if the Legislature of South Dakota would apply the proceeds . University or to some of its asylums or other charities' thereto the Legislature had enacted a law making acceptance mandatory. 3 Ja 05, p.41

"

Deposits and depositories

See also 2600, Local finance

to the State

Prior

Cal. Pardee. "The state of California pursues a policy different from that of a majority of the states by keeping public funds in its own vaults, thereby locking up a large amount of money, instead of making deposits in the banks. By following the deposit plan the money is permitted to circulate in the channels of trade until needed to meet claims against the treasury. . . It was a step in the right direction when the law was passed, some years ago, making state and county taxes payable in two instalments instead of one, because this reduced the amount of money locked up at any one time. . The ordinary interest rate on daily balances paid by the banks is 2%, and on $4,000,000 this would amount to $80,000 a year--enough to sustain one of the state institutions. . . 2 Ja 05, p.10-11 Id. Gooding. "The republican party stands pledged pass a law at this session that will give the state and the counties every penny of interest earned by its money. 5 Ja 05, p.21

to

Kan. Hoch. "This Legislature will doubtless be asked to establish a public depository, or a system of depositories, where public funds shall be placed upon interest for the benefit of the state. Two plans are proposed: one for the establishment of a state depository in which the interest upon the money therein deposited shall accrue to the state; and the other providing that the semiannual remittances from the various county treasurers to the State Treasurer

d

f

g

FINANCE

shall be held in county depositories until the State Treasurer
shall need the money, counties thus withholding their remittances to
receive the benefit of the interest on the money withheld as well as
upon the sums already generally deposited in the local banks.
Missouri received in interest from its state depository last year the
handsome sum of $42,768.61.
10 Ja 05, p.4
N. D. White.
Our present law regulating
de-
positories should be amended in several particulars. The provisions
of that law for the examination of the treasurer's office by the State
Board of Auditors is inoperative and should be stricken out, and other
means substituted. The provision limiting the amount deposited in
a designated bank to the assessed value of its capital stock, is not
complied with.
A more practical limit would be a certain per
cent of its capital stock, surplus, and undivided profits.
The
law should provide, too, that when a bank has been designated by the
State Board of Auditors as a state depository, it is entitled to and
shall receive as nearly as possible a pro rata share of the state deposits.
Each state depository should be required to file with the State Audi-
tor before the 15th of each month, a statement of the daily balance
of the preceding month and remit to him the amount of the interest
due. All money, checks, drafts or other funds belonging to the state
or held in trust by the state, coming into the hands of the State Treas-
urer, should be immediately deposited in the state depositories and
the treasurer relieved from liability for loss of all funds so deposited...”
4 Ja 05, p.16-17

Okl. Ferguson. "The problem of territorial depositories is a hard one to solve. The legislator who can devise an absolutely safe depository law and ways and means to comply with it would be a public benefactor, not only to the territory but to the states as well, where this matter is still an unsolved problem. At best it is an experiment attended by dangers. If surety bonds are taken and a loss occurs, the companies almost invariably resist payment if the amount of the liability is large. If territorial warrants or the municipal securities are taken, there is always some danger of the loss of the securities." 10 Ja 05. p.15-17 S. D. Elrod. ". Some arrangement should be made whereby a certain portion of the surplus money in the state treasury should be loaned to reputable and responsible banks within this state, and the interest received therefor, on daily balances, should be (by the banks) turned into the state treasury." 3 Ja 05, p.9

U. Cutler. ". . . A system which enables any custodian of public funds to accept employment nominally as clerk or official in some institution and receive a salary therefor, while the real consideration for payment of such salary is the use of public funds, is pernicious in the extreme, and is violative of the spirit of the Constitution. In conducting public business in this state, payment is made by a system of warrants. These warrants draw interest from the public treasury under certain conditions. For illustration, if pre

868

868-74

h

i

870

872

874

N. Y. STATE LIBRARY GOVERNORS MESSAGES 1905

sented to a county treasurer, when drawn against a county fund, and
registered and stamped 'not paid for want of funds,' they draw inter-
est at 5%. This makes it possible that county and other warrants
may draw interest, when at the same time money belonging to those
funds may have been lying in the banks. . . I recommend as
to the depositing of state and other funds, that the law should pro-
vide that it be under a board, either of loan commissioners or other-
wise as you in your wisdom may designate, who shall exercise dis-
cretion as to the safety of the place of deposit, and shall let the public
know the terms thereof, and the benefit to go to the various funds
on deposit; that in counties the power be vested directly in the
boards of county commissioners; in cities in the city councils or
finance committees thereof; and in school districts in the various
school boards, each to exercise its discretion and make its action a
matter of public record. . ."
10 Ja 05, p.9-10
W. Va. White. "The recommendation [of the State Treasurer] as
to reducing the number of state bank depositories to 25 is an excellent
one and I indorse it.
II Ja 05, p.6

Wis. La Follette. "Existing laws are wholly inadequate to in-
sure the safe-keeping and integrity of the funds and securities of the
state in the state treasury. . . It will be admitted by all that the
unlimited power to dispose of the funds and securities of the state
ought not to be lodged in a single individual or officer.
12 Ja 05, p.5-7

Public order

See also 234, Crimes and offenses

Police

State and county police

"

a Ari. Brodie, Arizona rangers, 16 Ja 05, p. 20. Tex. Lanham, the ranger force, 12 Ja 05, p.14.

b

C

N. M. Otero. "I have been urged by stockmen to recommend the passage of a ranger law, whose duty it shall be to patrol the ranges, to prevent the theft of stock and to aid in the apprehension of criminals. . ." 16 Ja 05, p.28

Pa. Pennypacker. "An act of February 27, 1865, provided that any corporation owning or using a railroad might apply to the Governor to commission such persons as the corporation should designate to act as policemen for said corporation. The system thus established has grown by subsequent legislation and now railroads, collieries, furnaces, rolling mills, coal and iron companies, corporations for the propagation of fish, and many other corporations have their force of policemen exercising the authority of the commonwealth. . The system is objectionable upon principle. Where police are selected, paid and discharged by the corporations

PUBLIC ORDER

875

and bear the name of 'coal and iron police,' it is evident that they
are in effect the servants of their employers rather than of the com-
monwealth whose authority they exercise. The arrest and incar-
ceration of a citizen for breach of law is one of the most fundamental
and delicate of the functions of sovereignty, and the protection of
property and the prevention of breach of the peace and disturbance
are among the most important of its duties.
It would be well

for you to consider whether the time has not arrived for the state to
resume these functions and to authorize the appointment by the
Governor of a constabulary of sufficient force, say 10 in each county,
to be used wherever needed in the state in the suppression of disorder.
They could be utilized in the place of the corporation police, the game
wardens, fish wardens, forest wardens, the officers of the different
boards and commissions exercising police authority, and would enable
the executive in cases of emergency to 'take care that the laws be
faithfully executed.'
It is doubtful whether the expense of a
regular constabulary would, upon the whole, be greater than the
occasional calling out of the National Guard, which it would at times
obviate.
3 Ja 05, p.8-9

Municipal police

Mass. Douglas. "In 1885 a departure was made from the time-
honored and successful system of local self-government, and the con-
trol of its own police was taken from the city of Boston and vested
in a commission appointed by the Governor. The assumption of
this power by the commonwealth has resulted in no good to it, or to
any party in it, and the commonwealth should acknowledge the fact.
I recommend a return to the principle of home rule by the enact-
ment of a law restoring to Boston and Fall River, respectively, the
control of their own police forces."
5 Ja 05, p.8

b Mo. Folk. ". . . The police departments of St Louis, Kansas
City and St Joseph are controlled as an arm of the state by boards
appointed by the Governor. This has been the system in our state
for more than 40 years, and changes that are made should only be
after due consideration and close study of this serious problem.

877

879

Whether there be any change in the method of selecting the commissioners or not, the police departments in all the cities should be put under civil service rules by law. . ." 9 Ja 05, p.9-10

Miscellaneous police regulations

See also 256, Crimes against public order and security; 264, Crimes against public morals and the family; 1065, Nuisances; 1090, Public safety

Amusements

Relating chiefly to restricted amusements

887 Poolselling. Bookmaking etc.

Mo. Folk.

"The state should not license gambling in any form, whether it be a lottery or poolselling on horse races, and the per

875-87

887-903

N. Y. STATE LIBRARY

GOVERNORS MESSAGES 1905

nicious effect on public morals is not lessened by requiring a fence to be put around the place where the racing is carried on.

.

9 Ja 05, p.13

b Mo. Folk. Recommends repeal of law licensing pools on horse races in certain places for benefit of state fair.

7 F 05, P.3-4

895

Cruelty to children and animals

a

Col. Peabody. State bureau of child and animal protection.

6 Ja 05, p.II

896

Cruelty to animals

a

900

a

Fla. Broward. "I recommend that the law for the prevention of cruelty to animals be so amended as to prohibit shooting tame, live pigeons for sport." 4 Ap 05, p.48

Intoxicating liquors. Narcotics

N. C. Glenn, 11 Ja 05, p.12.

902

a

b

Kan. Hoch.

Prohibition

Prohibition has now been a part of the organic law of this state for 24 years, and while there are honest differences among good people of its wisdom, and while it has been defective in operation, its benefits must be conceded. The conditions are not all that good citizens desire everywhere in the state, but, with all of its defects in operation, the conditions are much better here than in states sustaining a different attitude toward the subject.

10 Ja 05, p.14

Me. Cobb. The estimate in which the prohibitory law is held in certain parts of the state, and by many of our citizens, is working an incalculable injury to the forces that make for law and order. A disrespect and disregard for all law is being nurtured that if allowed to grow unchecked and unassailed will weaken and destroy the very foundations of good movement. This law must be enforced in order that all law may be vindicated, and to the performance of this duty every man, irrespective of party but united in the interests of good citizenship, may well direct his energy and influence. The task is not an easy one, and the practical difficulties that stand in the way of its accomplishment should be neither ignored nor underestimated; but an aroused and determined public sentiment standing for order and respect of law can force officials to do their duty, or failing in this, can fill their places with those who will." 5 Ja 05, p.13-14

903 Dispensaries

a

S. C. Heyward.

I.

recommend that the

various county boards of control should be appointed by

the State Board of Directors. Two members of this board