If any person be convicted a second time of either of the following offences, he shall be guilty of a felony, punishable by imprisonment of not less than one year nor more than five years, and his license shall be revoked. Any chauffeur operating a motor vehicle while his license is suspended or revoked shall be guilty of a misdemeanor. Any person operating a motor vehicle while a certificate of registration of motor vehicle Issued to him is suspended or revoked shall be guilty of a misdemeanor. On a third or subsequent conviction of a chauffeur for violations of the speed limit provisions of this law, on' recommendation of the trial court, the Secretary of State shall revoke the license of the person so convicted, and no new license shall be issued for at least six months after the date of such conviction, nor thereafter, except in the discretion of the Secretary of State.

Chapter 394 amended the general business law in relation to monopolies by providing that no person shall be excused from "attending and testifying" "before any court, magistrate or referee, upon any investigation, proceeding Witnesses in or trial, pursuant to or for a violation of any of the provisions of Anti-Trust Law Cases.

this article" for the reason that the evidence required may tend to convict him "of a crime or subject him to a penalty or forfeiture." "And no testimony so given or produced shall be received against

him upon any criminal investigation, proceeding or trial."

Chapter 395 amended the penal law in relation to conspiracies by adding a new section, No. 584, as follows: Section 584. Witnesses' privileges. No person shall be excused from attending and testifying, or producing any books, papers or other documents before any court, magistrate or referee, upon any investigation,

Privileges of
Witnesses in

Conspiracy Proceedings. proceeding or trial, for a violation of any of the provisions of this article, upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to convict him or a crime or to subject him to a penalty of forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal investigation, proceeding or trial.

Chapter 106 amended the labor law relative to the protection of employes operating machinery by providing that all grinding, polishing or buffing wheels used in the manufacture of articles of the baser metals shall be Labor Law equipped with proper hoods and pipes, and such pipes be connected Amendments. with an exhaust fan of sufficient capacity to remove all matter thrown off such wheels in their use. All machinery creating dust or impurities shall be similarly equipped.

Chapter 107 provided that no child under the age of sixteen years shall be employed or permitted to work at drill presses, metal or paper cutting machines or corner staying machines in paper box factories.

Chapter 342 amended the labor law relative to the hours of labor of messengers by providing that in any first or second class city no person under the age of twentyone shall be employed or permitted to work as a messenger for a telegraph or messenger company in the distribution of goods or messages before 5 a. m. or after 10 p. m. of any day.

Chapter 352 amended the labor law in relation to employers' liability. It provides that if an employer enter into a contract with an independent contractor, or if such contractor enter into a contract with a subcontractor, such Employers' contract or subcontract shall not bar the liability of the employer Liability. for injuries to the employes of such contractor or subcontractor be cause of any defect in the condition of the ways, works, machinery or plant, if they are the property of the employer or furnished by him, and if such defect arose or had not been discovered or remedied through the negligence of the employer or of some person intrusted by him with the duty of seeing that they were in proper condition. When any employer in this state and any of his employes shall consent to a compensation plan herein set forth and sign an agreement to that effect and file such writing with the County Clerk of the county in which it is signed by the employe, so long as such consent shall not have expired or been cancelled, such employe or, in case injuries result in his death, his executor or administrator 'shall have no right of action against the employer save under the plan so consented to; except where personal injury to the employe is caused by failure of the employer to obey an order of the Commissioner of Labor or other public authority, or where such injury is caused by the serious or wilful misconduct of the employer.

The commencing of any legal action against an employer except under the plan shall bar the employe or his executor or administrator from all benefits under the plan. The employer shall not be liable in respect of any injury caused by the serious or wilful misconduct of any employe. No proceedings for recovery under the plan shall be maintained unless notice of the accident has been given to the employer as soon as practicable and before the employe has voluntarily left the employment in which he was injured, and unless claim for compensation has been made within six months from the occurrence of the accident. Notice of the accident shall apprise the employer of the claim for compensation under this plan, and shall state the name and address of the employe injured, date and place and cause of the accident. This notice may be served personally or by registered letter to the employer.

In case death results from injury, the amount of compensation under the plan shall be:

(a) If the employe leaves a widow or next of kin at the time Compensation, of his death wholly dependent on his earnings, a sum equal to 1,200 times the daily earnings of the employe at the rate paid at the time of the accident, but not more in any event than $3,000. Any weekly payments previously made under the plan shall be deducted in ascertaining the amount payable on death.

(b) If such widow or next of kin, or any of them, are in part only dependent on his earnings, such sum not exceeding provided in the foregoing section as may be determined to be reasonable and proportionate to the injury to such dependents.

(c) If he leaves no widow or next of kin so dependent in whole or in part, the reasonable expenses of his medical attendance and burial, not exceeding $100. Where total or partial incapacity for work results, a weekly payment commencing at the end of the second week after the accident and continuing during incapacity, not exceeding 50 per cent of his average weekly earnings Incapacity. at full time during the preceding year when in the employment of the same employer, or if he shall have been employed less than a year, a weekly payment of not exceeding three times the average daily earnings on full time for such less period. In no event shall any weekly payment under the plan exceed $10 a week, or extend more than eight years from the date of the accident.

Any person entitled to receive weekly payments must, if requested by the employer, submit himself to examination by a duly qualified medical practitioner or surgeon provided and paid for by the employer. In case the employer shall default in any of his obligations to the employe under the plan, an action at law may be brought to recover compensation the same as on a written contract. When agreed to, this plan shall be binding on both parties so long as the relation of employer and employe exists, and shall expire at the end of such employment. But it may be cancelled on sixty days' written notice from either party to the other, served personally or by registered letter. Each employer signing such a consent to the plan shall, within thirty days thereafter, file with the Commissioner of Labor a statement thereof which shall show the name and address of the employer, name and address of the employe, date when and office where original consent is filed, weekly wages of employe at time consent is signed.

Chapter 387 amended the labor law relative to hours of labor of minors by providing that no child under the age of sixteen shall be employed or permitted to work in or in connection with any bowling alley or in the Labor of Minors. distribution or sale of articles or as a messenger, usher or checker in places of amusement before 8 o'clock in the morning

or after 7 o'clock in the evening of any day. When any employe is employed or permitted to work after 7 o'clock in the evening, such employe shall be allowed at least twenty minutes to obtain lunch or supper between 5 and 7 o'clock in the evening.

Chapter 429 amended the election law in relation to the expenditure of money in connection with primary elections by making the term "political committee" apply to any group of citizens aiding or taking part in the election or defeat of a candidate for nomination at a primary election or convention, including all proceedings prior to such primary election, or of a candidate for any office whether public

Political
Expenditures.

or not to be voted for at a primary election, or aiding or defeating the nomination by petition of a candidate under the primary election law Any person who contributes or promises to contribute any money or other valuable thing, except to the chairman, treasurer or a member of a political committee, to bring about the election or defeat of a candidate for nomination at a primary election shall file the required statement of contributions. A candidate for nomination at a primary shall file the required statement of expenditures. the same as a candidate for election to public office.

Whoever, acting as officer or member of a political committee or under the authority of a candidate for public office or for nomination at a primary election, receives any money or expends any money or incurs any liability, shall give a detailed account of the same to the treasurer of such committee or the candidate, if an agent authorized by him. Expenditures and disbursements in sums under five dollars need not be specifically accounted for by separate Items except in the case of payments made for account of or to political workers, watchers or messengers.

Primaries

Chapter 430 amended the penal law in relation to candidates at primary elections by defining the words "election or town meeting" as Including primary elections and conventions and proceedings for the nomination of candidates by petition under the election law. The word "candidate" shall be deemed to apply to candidates for nomination at primary election or convention, and candidates for any office to be voted for under the election law, as well as candidates for nomination by petition under the election law.

Included.

Chapter 480, in relation to public service commissions, constitutes Chapter 48 of the consolidated laws. It re-enacts the public service commissions law, with amendments strengthening the supervisory powers of the commissions over gas and electric lighting companies, and

Public Service Commissions' Powers defining more clearly their powers regarding companies Extended. under receivers' jurisdiction and the enforcing of joint rates and through fares, applicable to the transfer situa

tion in New York City. Chapter 481 re-enacted the railroad law, as chapter 49 of the consolidated laws. Chapter 673 amended the public service commission law in relation to telegraph and telephone lines and companies by placing those concerns under the supervision of the Public Service Commission for the 2d District regarding rates, service and issuance of stocks and bonds.

Chapter 422 reorganized the state Board of Pharmacy, providing for the appointment by the state Board of Regents of nine examiners to replace the existing board of fifteen, making provision for standards of drugs New Board of and medicines, and providing penalties for selling adulterated Pharmacy. and misbranded drugs.

Liquor Tax
Certificates
and Population.

Chapter 494 amended the liquor tax law in relation to the issuance of liquor tax certificates, statements to be made upon application for liquor tax certificates, the payment of the tax and issuing of the tax certificate, illegal sales and selling, and special certificates. It provides that no liquor tax certificate shall hereafter be issued for traffic in liquors for any premises in any town, village, borough or city unless or until the ratio of population therein to the number of certificates issued shall be greater than 750 to 1, but this prohibition shall not apply to any premises in which such traffic in liquors was lawfully carried on at some time within one year immediately preceding the passage of this act, provided such traffic was not abandoned thereat during the same period. When the ratio of population to number of liquor tax certificates shall exceed 750 to 1, additional certificates may be issued to the highest bidders, bids to be submitted in writing according to stipulated forms, up to the ratio of 750 to 1.

No liquor shall be sold between 1 and 6 a. m. in cities of the first and second class, between midnight and 6 a. m. in cities of the third class and villages of over 5,000 inhabitants, and between 11 p. m. and 6 a. m. in all other places.

It shall not be lawful for a hotel or boarding-house or lodging-house keeper who traffics in liquor to rent more than once a bedroom or similar room between 9 p. m. and 6 a. m., or to allow any such room to be occupied by more than one party of one or more persons during that period, or to rent such rooms for the purpose of prostitution or to a woman known or reputed to be a prostitute.

Chapter 503 amended the liquor tax law by requiring written consents of residents to the establishment of a saloon within 300 feet of their residences. If a liquor tax certificate shall have been revoked because the holder Liquor Saloon or his agents had permitted the premises to become disorderly, or Consents. had suffered or permitted any gambling in or connected with the premises, no new certificate shall be issued for traffic in liquors at

1

that premises for one year from the date of cancellation of the certificate.

Chapter 381 amended the code of criminal procedure in relation to proceed Ings respecting vagrants by repealing Subdivision 9 of Section 887. Chapter 382 amended the penal law in relation to male persons living on the Vagrants and earnings of prostitution by adding a new section, to be known as Prostitutes. Section 1148, to Article 106: "Every male person who lives wholly or in part on the earnings of prostitution, or who in any public place solicits for immoral purposes, is guilty of a misdemeanor. A male person who Ives with or is habitually in the company of a prostitute and has no visible means of support shall be presumed to be living on the earnings of prostitutions."

Chapter 486 repealed Section 291 of the membership corporation law, in relation to personal liability of trustees or directors of corporations for raising, breeding and improving horses. Chapter 487 amended the penal law Racetrack in relation to keeping gaming and betting establishments by declaring Gambling. that any person or corporation or association keeping any "enclosure

or place" for gambling is guilty of a misdemeanor. Chapter 488 amended the penal law in relation to pool-selling, bookmaking, bets and wagers by making bookmaking or pool-selling "with or without writing" a misdemeanor, punishable by imprisonment for not more than one year. Chapter 489 repealed sections 292. 293. 294. 295 and 298 of the membership corporations law in relation to the tax upon the gross receipts of trotting or running race meetings within the state, and declared that no person or corporation shall be liable to such tax on account of any trotting or running race meeting held subsequent to April 15, 1910.

Chapter 441 amended the education law in relation to a retirement fund for teachers in state institutions. Every person who for a period of ten years immediately preceding has been employed as teacher in a college. Retirement Fund school or institution supported by the state, and who shall have For Teachers. taught in some college, institution or the public schools of this state or elsewhere during a period aggregating thirty years, and has reached the age of seventy years, must at his request or may on the order of the Commissioner of Education be retired from such employment. Every such person wishing to be retired shall file with the Commissioner of Education an affidavit signed by himself, or if he is mentally or physically incapable of making such affidavit, the affidavit of some person or persons knowing the facts, setting forth the number of years employed, the place or places, and the salary received at the last place of employment.

On the filing of such affidavit, the commissioner, if satisfied of its truth, shall Issue a certificate of retirement from active service to the applicant. On the recommendation of a majority of the members of the board or governing body of any such college, school or institution, that a member of the teaching force be retired on account of any mental or physical incapacity for duty, the commissioner may issue such retirement certificate if the teacher shall have been employed by the state for the last ten years, and taught elsewhere during a period aggregating thirty years, or, having reached the age of sixty-five years, during a period aggregating twenty years, Every person thus retired shall be entitled to receive from the state one-half the salary received at the date of retirement, not to exceed $1,000 in the case of a supervising official or principal, or $750 in case of a teacher; and Retirement in no case to be less than $300. Such payment shall be made quarAllowances. terly, beginning with the first quarter after retirement.

a deed of gift and an

Chapter 151 enacted that the people of the State of New York accept title, assignment of lease in perpetuity from the corporation of Witherbee, Sherman & Co., of land in the town of Crown Point, Essex County, embracing the sites of Fort St. Frederick and Fort Amherst. The land described in the deed of gift shall be forever dedicated to the purpose of

Forts St. Frederick and
Amherst Reservation.

a public park or reservation,

Chapters 360, 361, 362, 363 and 364 authorized the State of New York to accept a gift of money and land from Mrs. Mary W. Harriman for a park in the highlands of the Hudson, and authorized the Palisades Interstate The Harriman Park Commission to administer that park. Chapter 360 repealed Park. the act creating the Highlands of the Hudson Forest Reservation. Chapter 361 amended the act providing for an interstate park in

the highlands of the Hudson by permitting the commissioners of this park to take lands as far north as the city of Newburg and west into the Ramapo Mountains. Chapter 362 enacted that the people of the State of New York accept from Mary W. Harriman a tract of land in Rockland and Orange counties of about 10,000 acres, to be held in perpetuity as a state park, and the sum of $1,000,000, to be used in acquiring other parcels of land adjacent to that tract. Administration of this park is conferred on the commissioners of the Palisades Interstate Park.

This land is to revert to Mrs. Harriman, or her heirs or descendants, if the State of New York ever condemns or takes for public use any of the land now belonging to Mrs. Harriman in the towns of Tuxedo, Monroe or Woodbury. Chapter 363 provided for the issuance of $2,500,000 state bonds, the proceeds to be used by the commissioners of the Palisades Interstate Park for the Improvement and extension of that park. This bond issue must be approved in a referendum in the general election of 1910. Chapter 364 authorized the abandonment for prison purposes of a tract of land on the west side of the Hudson River in Orange and Rockland countles and its transfer to the jurisdiction of the commissioners of the Palisades Interstate Park.

Chapter 256 amended the forest, fish and game law in relation to the sale of plumage of birds by providing that no part of the plumage, skin or body of any bird protected by Section 98 "or of any birds coming from without the Plumage state whether belonging to the same or a different species from that of Birds. native to the State of New York, provided such birds belong to the same family as those protected by this chapter," shall be sold or had in possession for sale. "Plumage includes any part of the feathers, head, wings or tall of any bird, and wherever the word occurs in this chapter reference is had equally to plumage of birds coming from without the state as to that obtained within the state, but it shall not be construed to apply to the feathers of birds of paradise, ostriches, domestic fowl or domestic pigeons." This act shall take effect July 1, 1911.

Laws advocated by the Inferior Courts Commission were enacted reorganizing the courts of inferior criminal jurisdiction in New York City. A court of Special Sessions was created, having exclusive jurisdiction in all cases of Inferior Courts misdemeanor except charges of libel, pleas of guilty for violation Reorganized. of the motor vehicle law, and pleas of guilty for violation of the laws relating to prevention of cruelty to animals. The court consists of a Chief Justice, at $10,000 a year; seven justices in the 1st District, consisting of Manhattan and The Bronx, at $0.000 a year, and seven in the 2d District, consisting of Brooklyn, Queens and Richmond, at $6,000 a year. The Chief Justice has charge of the making up of calendars, assignments of the other justices and the various administrative features of the work of the court. Children's courts in Queens and Richmond are created like those existing in Manhattan and Brooklyn, under the jurisdiction of this court. Civilian probation officers and civilian attendants are prescribed, to be appointed by the court. A complete system of probation is

created.

The magistrates' courts are divided into two districts, the first including Manhattan and The Bronx; the second, Brooklyn, Queens and Richmond. In the first district there shall be a chief magistrate, at $8.000 a year, and sixteen city magistrates, at $7.000 a year. In the second district there shall be a chief magistrate, at $8.000 a year, and ten city magistrates, resident in Kings, four in Queens and two in Richmond, all at $6.000 a year. In this court, in the first division, is created a night court for women, separate from the existing night court for men; and in each division a court of domestic relations. There shall be civillan probation officers and civilian attendants. A system of records and statistics is prescribed. Instead of arrest in certain cases the issuance of a legal summons is authorized, if the person have a police card or other token of identification. A physical reorganization of courtrooms is ordered, involving the abolition of the "bridge" and a separate room for the complaint clerks and other clerks. It is stipulated that persons arrested shall be entitled to three free telephone calls to friends or any given address within the city, and letters sent out by them shall be posted. All justices of special sessions and magis-trates are required once a year to visit Institutions within the city to which they have power to commit persons, and the chief justice or chief magistrate may require them to visit other institutions, without the city.

ALLDS BRIBERY CASE-FEDERAL CIVIL SERVICE LAWS.

THE ALLDS BRIBERY CASE.

169

On Januaгу 4, 1910, Jotham P. Allds, Senator from the 37th District of New York, was chosen at the caucus of Republican Senators president pro tempore of the Senate. Eight Republicans-Agnew, of New York; The Allds Bribery Brackett, of Saratoga; Conger, of Tompkins; Cordts, of Ulster; Case. Davenport, of Oneida; Hinman, of Broome; Newcomb, of New York, and Rose of Orange-bolted the caucus. The following day Allds formally was elected temporary president by a vote of 34 to 6, the Democrats voting for him, and all the bolting Republicans against him, save Brackett and Hinman, who were not recorded.

On January 18 "The New York Evening Post" printed a story which had been current in Albany since January 4, that Senator Conger, at a meeting of the bolting Republican Senators, in the Ten Eyck Hotel, had made a flat charge that Allds, when an Assemblyman in 1901, had demanded and received, to his personal knowledge, a bribe of $1,000 for failure to press to passage legislation unfavorable to bridge companies in which Conger and his family were interested. Allds the next day in open Senate dented the charge flatly, and demanded an investigation. This investigation was conducted by the Senate, sitting as a committee of the whole, with Senator George A. Davis, of Buffalo, presiding. At the beginning, Conger, who was represented by James W. Osborne, ex-Justice Van Wyck and David W. Van Hoesen, filed formal charges under oath. Allds, represented by Martin W. Littleton, Lewis E. Carr and Lewis E. Griffith, entered formal denial.

Many witnesses were called, of whom probably the chief was Hiram Moe, formerly in the employ of the Congers in Croton, their home town, as clerk, secretary and bank cashier. He swore that he paid $1,000 to Allds, in Benn Conger's presence, and that he paid $4,000 to Assemblyman Jean Burnett, of Ontario County, and $1,000 to Speaker S. Fred Nixon, of Chautauqua County. Check books and stubs, checks, entries in bank records In Croton and Syracuse, where Moe swore he cashed a check to obtain the bribe money, were produced to substantiate the story. Cross-examination of Moe and other witnesses did not shake their stories in any material detail. Further, it was brought out that Allds had received the major part of a fee paid in connection with a claim of "The Albany Argus" for payment for printing. Legislation had been necessary in the case, and Allds had helped it along.

On March 29 the vote was taken in the Senate on the question: "Have the charges been proved?" The result, condemning Allds, was 40 to 9, Senators Coats, Grattan, Holden and Kissell, Republicans, and Cullen, Frawley, Grady and C. D. and T. D. Sullivan, Democrats, voting that Allds was Innocent. Allds escaped expulsion from the Senate by filing his resignation a few minutes before the vote was taken. Senator Conger resigned a few days later. A motion had been made for the appointment of a committee to consider procedure to expel him, on the ground that his own testimony had proved him unfit to sit in the Senate.

THE FEDERAL SERVICE.

CIVIL SERVICE LAWS.

The term "Civil Service Act" refers to an act of Congress "to regulate and improve the Civil Service of the United States," approved January 16, 1883, which gave the power to the President to appoint, by and with the advice and consent of the Senate, three persons, not more than two of whom shall be adherents of the same party, as a commission, with authority to prescribe regulations in pursuance of and for the execution of the provisions of the rules and of the Civil Service act. The act requires that the rules shall provide among other things for open competitive examinations for testing fitness of applicants for the public service, the filling of classified positions by selections from among those passing with highest grades, an apportionment of appointments in the departments at Washington among the states and territories, a period of probation before absolute appointment, and the prohibition of the use of official authority to coerce the political action of any person or body. The act also provides for investigations touching the enforcement of the rules promulgated, and forbids, under penalty of fine or imprisonment, or both, the solicitation by any person in the service of the United States of contributions to be used for political purposes from persons in such service, or the collection of such contributions by any person in a government building.

Extent of the Service.

The executive Civil Service on June 30, 1909, embraced 367,794 positions, with a payroll of over $200,000,000. Of this number 234,940 were subject to competitive examination under the Civil Service act and rules an increase for the year of 28,303, In addition to these classified employes, about 6,500 laborers, included in the figures given below, are subject to tests of physical fitness by the commission under the labor regulations. There are also 298 positions in the Consular Service subject to examination under regulations prescribed by the President. Of the 132,854 persons not subject to examination under the rules, 9,105 are Presidential appointees, 7,202 of whom are postmasters of the first, second and third classes: 37.712 are fourth class postmasters; 12,850 were reported in 1907 as clerks at postffices having no free delivery service: 25,635 are minor employes, chiefly laborers, on the isthmian canal work; 2,197 are principally laborers in the service at Washington, D. C., and 36,893 are mere unskilled la