1st. The Trustees have violated the law in that they have departed materially from the plans approved by the State Board of Charities, and have neglected to submit for approval other plans, specifications and estimates involving large expenditures. [Sec. 5, chap. 280, Laws of 1879. 2d. They have violated the law in that they did not do the work by contract, but did do a great part of it by day's work. [Sec. 5, chap. 280, Laws of 1879. 3d. They have violated the law in that they have expended largely in excess of the original appropriation, and have contracted for work in anticipation of an appropriation. [Sec. 5, chap. 280, Laws of 1879, and chap. 192, Laws of 1876, page 180. 4th. They have violated the law in that they have agreed by resolution to pay the architect and building superintendent in excess of the $6 per day, provided by the statute. [Sec. 5. chap. 280, Laws of 1879. 5th. The report shows very conclusively that the entire management has been careless, negligent, and of an exceedingly extravagant nature; an economical disbursement of the State's moneys seemingly being lost sight of entirely. It is intended gradually to enlarge the Binghamton Asylum to the capacity of 1,500 inmates. Large amounts of money must annually be expended to accomplish that end. An economical and judicious application of these sums rests entirely upon the careful management of the Trustees. In fact, the whole financial success of the institution depends upon them. In view of the facts brought out in the joint report of Mr. Letchworth and Mr. Gallien, I do not see how the future success of the institution can be attained under the present management. I therefore recommend the removal of the Trustees appointed by virtue of chapter 280, Laws of 1879. (Signed) With great respect, J. W. WADSWORTH, Comptroller. SPECIAL MESSAGE RECOMMENDING REMOVAL OF THE TRUSTEES. To the Senate: STATE OF NEW YORK: EXECUTIVE CHAMBER, ALBANY, April 28, 1880. Your attention is respectfully called to the accompanying letter of the Comptroller charging Alvin Devereux, William S. Smith, Edward D. Van Slyck, Garvis Prince, William E. Knight, Samuel D. Halliday, Rodney A. Ford, Erastus Ross, and Frederick O. Cable, as Trustees of the Binghamton Asylum for the Chronic Insane, appointed pursuant to chapter 280 of the Laws of 1879, with violations of law and extravagance in the management of the official trust confided to them, in the manner and instances set forth and specified therein. The report of the Deputy Comptroller and President of the State Board of Charities in reference to the same subject is also herewith submitted. Assuming from the official reports above mentioned that the charges referred to are true, you are hereby recommended to remove the said Alvin Devereux, William S. Smith, Edward D. Van Slyck, Garvis Prince, William E. Knight, Samuel D. Halliday, Rodney A. Ford, Erastus Ross and Frederick O. Cable as Trustees of the said asylum. ALONZO B. CORNELL. VETO, SENATE BILL NO. 35, PROHIBITING CONSTRUCTION OF BUILDINGS OF COMBUSTIBLE MATERIAL IN CERTAIN STREETS OF NEW YORK CITY. To the Senate: STATE OF NEW YORK: EXECUTIVE CHAMBER, ALBANY, May 3, 1880. Senate bill No. 35, entitled "An act to prohibit the construction of buildings of wood or other combustible materials in a certain portion of the city of New York. is herewith returned without approval. This bill provides that "no exterior bearing wall or roof of any dwelling house or other building" hereafter erected in the city of New York, west of Eighth avenue, between Fifty-ninth and One Hundred and Twenty-fifth streets, "shall be constructed in whole or in part of wood or other combustible material." The probable intent is that the outer walls and covering of the roofs shall not be of wood or other combustible material. Unfortunately, however, the language employed does not clearly express this meaning, and is, therefore, capable of different interpretation. In a measure which so seriously affects private rights for the public good as the bill under consideration, especial care should be taken to clothe the enactment in plain and unmistakable language which will not require judicial decision to determine its meaning, otherwise the citizen will be rendered liable to imposition and annoyance from the unreasonable exactions of petty officials. ALONZO B. CORNELL. VETO, SENATE BILL NO. 247, RELATING TO THE ASSESSMENT AND COLLECTION OF TAXES. To the Senate: STATE OF NEW YORK: EXECUTIVE CHAMBER, ALBANY, May 4, 1880. ( Senate bill No. 247, entitled "An act to amend chapter 37 of the laws of 1855, entitled 'An act amendatory of the acts for the assessment and collection of taxes,"" is herewith returned without approval. The necessity of a revision of the laws for the assessment and collection of the public revenue is fully appreciated, and it is my sincere desire to co-operate with the Legislature in maturing any measure which will insure a more equitable distribution of the burden of taxation. The present bill would not, in my opinion, promote this object. On the contrary, it would fail to produce any material revenue, and would tend to drive from the State a large amount of capital which, in times of financial stress, is sent here for temporary use, thereby giving great relief to the borrowing classes and affording additional facilities for commercial transactions. Our great metropolis has become one of the principal financial centres of the world, and within a few years has attracted vast amounts of capital from other countries, the use of which has to a great extent modified the rate of interest in the State. Were this bill to become a law, the first result would be to deprive our people of the benefits derived from the influx of this foreign capital, which would seek other markets and thus increase the commercial facilities of rival cities. ALONZO B. CORNELL. VETO, ASSEMBLY BILL No. 237, FOR THE PRESERVATION OF FISH IN LOON LAKE. STATE OF NEW YORK: To the Assembly: EXECUTIVE CHAMBER, ALBANY, May 10, 1880. Assembly bill No. 237, entitled "An act for the preservation of fish in the waters of Loon lake, in the county of Steuben," is herewith returned without approval. The object sought to be attained by this bill seems to be already abundantly provided for by chapter 534 of the laws of 1879. If any remedy is necessary beyond what that statute furnishes, the Board of Supervisors of Steuben county is authorized by chapter 482 of the laws of 1875, to provide it. The Constitution provides against certain specific local legislation, and then declares that "the Legislature shall pass general laws providing for the cases enumerated in this section, and for all other cases which in its judgment may be provided for by general laws." The Legislature has, in obedience to this injunction, enacted very complete and effective general laws for the preservation of fish and game, and it would seem to be antagonistic to the spirit of the Constitution to fill up the statute books with local laws on the same subject. ALONZO B. CORNELL. VETO, ASSEMBLY BILL, RELATIVE TO RAILROAD IN WATER STREET, BROOKLYN. To the Assembly: STATE OF NEW YORK: EXECUTIVE CHAMBER, ALBANY, May 14, 1880. ( Assembly bill, not printed, entitled "An act to prohibit the Mayor and Common Council of the city of Brooklyn from authorizing any railroad corporation to construct its road upon any portion of Water street in said city, not named in the charter of such railroad corporation," is herewith returned without approval. The object of this bill is to take from the Mayor and Common Council of the City of Brooklyn authority vested in them by chapter 585 of the Laws of 1874, to change the route of the elevated railway created by that act, to streets which they should deem more suitable for carrying out the objects contemplated therein. The consideration of a change of the route is now pending in the Common Council, and it cannot be doubted that the members of that body are quite competent to deal with the question intelligently. They have full opportunity to examine the subject in all of its details, and should |