so amended that the power to let these contracts which have nothing to do and do not pertain inherently to the office of reporter, or of Secretary of State, that the power to let these contracts be centralized in some particular individual. I may say that there is nothing in the Constitution, although it has been urged to me that there was, which would prohibit legislation of that kind. The only expression of the Constitution upon the subject is found in section 21 of article 6, which says: "The Legislature

*

* shall regulate the reporting of the decisions of the court; but all laws and judicial decisions shall be free for publication by any persons." One other matter that I have deemed it proper to cover in my report, and which has been demanded of me by certain local Bar associations of the State and by a great many individuals, touches the advanced price which is charged by the concern which now has the publication for what is known as the thinpaper edition. The contract for the publication of the Court of Appeals Reports was made in 1910. At that time the fact that we could manufacture and supply in this country a thin paper such as is used in the thin-paper edition had not been called to the attention, I assume, of the State Reporter, in fact I am quite sure that the publishers themselves had no knowledge of it and that the paper manufacturers equally were ignorant of that fact, but in the advance of the paper-making art it has been found that the mills in this country can manufacture a paper product equally satisfactory with that which is imported and equally suitable for the uses of the publication, and that the increase in cost is so small over that of the thick paper that it is absolutely negligible. This paper is manufactured at Ticonderoga, in this State, and I desire to say in behalf of the Lyon Company that in my meeting

with them, and upon the request for information from them touching the expense of the manufacture of the two editions, that they were perfectly open, and professed a desire, which they apparently carried out, to afford me every means of information. The thin paper costs two cents a pound more than the thick. Volume 77 of the Miscellaneous Reports, including the cover, weighs twentysix ounces, that is one pound and ten ounces, as I discovered by weighing it myself. It has 721 printed pages. I think it is fair to presume that there was not over sixteen ounces

of paper in the book. Volume 107 of the Appellate Division Reports, which has 724 printed pages, likewise including the cover, weighs fifty-one ounces, of which probably ten ounces are cover.

The thin paper costs, so I was informed by the Lyon Company, five and seven-eighths cents per pound, F. O. B. cars, Albany, while the thick paper costs three and threeeighths cents per pound at the same place. So that it is fair to presume that there was five and seven-eighths cents worth of paper in the thin volume, and at least eight and threequarters cents worth of paper in the thick edition,— a saving of approximately three cents on the paper in each thin-paper volume. The thin paper comes in reams of thirty pounds each, and the thick paper fifty pounds, so that really the actual amount of paper used in the publication of one volume of the thin-paper reports is about one-half less than it was in the old. They informed me at Lyon & Company it cost no more for the binding, there was no additional cost there, but they thought it cost them a little more to run the paper through the printing presses because of the fact that their presses were not designed to use so thin a paper as this is. You will observe, of course, that they save approximately fifty per cent in the express charges.

The question, therefore, arises why should they charge and exact from their subscribers who desire to have the thinpaper edition $35.00 a set as against $27.50 for the thickpaper edition. I said to them, "Will you not furnish these volumes with the thin paper at the same price as the thick." They said, "We don't have to." Let us see briefly if they do not. They have furnished these thick-paper editions under the contract, the standard of which in the contract refers it is true to a thick-paper edition, but there is reserved by each of the reporters a copyright upon each of these sets of reports. In addition to that and while anybody may publish the decisions of cases and the Session Laws, yet they cannot publish them as the Official Series, having the official seal of approval set upon them, without the approval of the authorities charged with the administration of this branch of the government. Therefore, for that reason it is the contention of the committee that the reporter, and especially the Supreme Court Reporter, because he has assumed the charge of making the contract for what is known as the Combined Official Series, and having made that contract and having assumed to represent the lawyers and the people of the State of New York, it seems to me that it is up to him to see that the rights of the members of the Bar of the State and of the people of the State are enforced and protected in the premises; that it is up to us by reports and by resolutions to request him to require that the thin-paper edition be furnished to all who desire it at the contract price.

I offer the following resolution:

Resolved, That the Supreme Court Reporter be requested to require the publisher of the Combined. Official Series to furnish the thin paper edition thereof to the subscribers therefor at the price stipulated to

be paid for the thick paper edition in the contract of November 10, 1910.

The resolution was duly seconded and carried.

Virgil K. Kellogg, of Watertown:

Just one word further along that line. I have conferred with many members of the Bar and some of the Judges. It has seemed to us that our present triple-headed reportorial system is something of an incongruity. You know that the State Reporter and the Supreme Court Reporter are constitutional officers. They are provided for by the Constitution, and any change in the reportorial system cannot be made without a change in the Constitution, and the committee is not disposed to call a constitutional convention for the purpose of considering this matter, but simply offer for consideration the proposition that instead of three reporters there should be one, and because in our opinion the business of reporting, while semi-professional, it is in reality a business, could better be conducted by one head than by three, and some considerable expense could probably be saved to the State, because this expense comes solely from the State and only indirectly and in a very small proportion, I regret to say, from the lawyer's pocket, with very great benefit both to the Bar and to the people of the State. I simply suggest that as a recommendation, so that the recommendation will be printed in the journal of the proceedings and will be called to the attention of the members.

The Secretary:

There is a committee on that subject, to suggest matters to be brought to the Constitutional Convention.

Mr. Kellogg:

I move that it be referred to them.

The Secretary:

Mr. President, I have a resolution from the Brooklyn Bar Association on this subject as follows:

"DEAR SIRS. At a stated meeting of the Brooklyn Bar Association, held on the 9th day of January, 1914, the following Preamble and Resolutions were unanimously adopted:

'WHEREAS, The system of reporting the decisions of the Courts of this State, whereby there are three independent reporters, each appointed by a different. superior authority, and each empowered to make an independent contract for the publication of his own series, is cumbersome and unsatisfactory; and

WHEREAS, The three several contracts are made to expire at different times, so that concert of action looking to uniformity in publication and price is difficult; and

WHEREAS, The session laws are printed under a separate contract made by a fourth authority; and

WHEREAS, It is believed that it would be to the advantage of the Bar and the people of the State that the reporting of the decisions of all the Courts of the State be under the direction of one reporter, and that there be a single contract for the publication of all the reports and the session laws; it is

Resolved, That the Legislature be urged to provide by suitable enactment

I. For the appointment by the Governor of a single State reporter to hold office during efficiency, to report the decisions of all the Courts of the State;

2. For the fixing of the salary of the reporter and of such assistants as may be necessary;

3. For a single contract made by public letting for the printing and publication of all reports and session laws, such printing and publication not to be confined to the County of Albany or to any one locality; such contract to fix a maximum price per