the act which it amends, the phrase "subdivision" is used in several places, when it is evident that the word "section" should have been used. Careful comparison with the act amended renders it clear, however, as to what was the intention of the Legislature. The object of the bill seems meritorious; and it is, therefore, approved in the belief that it will improve the administration of the health department of Brooklyn.

ALONZO B. CORNELL.

MEMORANDUM OF OBJECTIONS TO CERTAIN ITEMS IN THE BILL MAKING APPROPRIATIONS FOR THE CANALS.

STATE OF NEW YORK:

EXECUTIVE CHAMBER, | ALBANY, June 7, 1880. (

"An

Statement of items of appropriation objected to and not approved, contained in Assembly bill No. 577, entitled act making an appropriation to pay the expenses of the collection of tolls, superintendence, ordinary repairs and maintenance of the canals for the fiscal year, commencing on the first day of October, eighteen hundred and eighty, and to provide for a contingent deficiency in the revenues of the canals for the calendar year eighteen hundred and eighty.

Each and every of the several items herein enumerated, contained in Assembly bill No. 577, entitled "An act making an appropriation to pay the expenses of the collection of tolls, superintendence, ordinary repairs and maintenance of the canals for the fiscal year, commencing on the first day of October, eighteen hundred and eighty," etc., are objected to, and not approved, for reasons stated below.

"Authority is hereby conferred upon the Superintendent of Public Works to expend out of the sum apportioned for the payment of the expenses of lock-tendirg and the ordinary repairs of the canals, the following sums for the purposes

herein designated, and all or any part thereof remaining unexpended, may be applied by him in his discretion to the ordinary repairs of the canals:

For dredging out the Ohio basin, in the city of Buffalo, the sum of nine thousand dollars, or so much thereof as may be necessary.

For dredging out the Erie basin, in the city of Buffalo, the sum of ten thousand dollars, or so much thereof as may be necessary.

For perfecting the culvert under the Erie canal, at Brockport, sufficient to carry off the surplus water in time of flood, one thousand dollars, or so much thereof as may be necessary.

For opening, straightening and cleaning out the channel of the Eighteen Mile creek, which carries off the surplus waters of the Erie canal by culvert and wasteweir, near Mabee's, in the town of Royalton, Niagara county, the sum of three thousand dollars, or so much thereof as may be necessary.

To pay an award by the Canal Appraisers on the nineteenth day of March, eighteen hundred and eighty, in favor of Harriet Jenkins, the sum of seven hundred and twenty-five dollars and fifty-five cents is hereby appropriated, payable on the warrant of the Auditor, out of any unexpended moneys in the treasury, belonging to the canal fund and applicable therefor.

For excavating a ditch on the berm side of the Erie canal, between the first culvert east of Jordan, and the culvert near the Shanty Point bridge, the sum of eight hundred dollars, or so much thereof as may be necessary.

For cleaning out the State ditches in the northern part of the town of Amherst, Erie county, between the Eighteen Mile creek and Tonawanda creek, the sum of five thousand dollars, or so much thereof as may be necessary.

For the construction of a swing, hoist, or turn-table bridge, over the Oswego canal, in the city of Syracuse, on Salina street, at its intersection with Bridge street, in place of the bridge now over said canal at that point, which was authorized by chapter three hundred and eighty-two of the laws of eighteen hundred and seventy-four, the sum of twelve thousand dollars, or so much thereof as may be necessary.

.

For extending sewer under the Erie canal and to Squaw island, at Black Rock, in the city of Buffalo, according to plans and specifications of the State Engineer and Surveyor, the sum of twenty thousand dollars, or so much thereof as may be necessary.

For cleaning out, excavating the bottom, repairing the banks and dam, and for deepening the channel at such points as may be deemed necessary by the Superintendent of Public Works, of the Tonawanda dam and feeder, to the Erie canal, in the county of Orleans, the sum of four thousand dollars, or so much thereof as may be necessary.

For raising and repairing road bed, in the town of Fort Ann, pursuant to chapter five hundred and forty-four of the laws of eighteen hundred aud seventy, the sum of fifteen hundred dollars, or so much thereof as may be necessary.

For the drainage of lands belonging to Isaac U. Cole, situate in the town of Murray, Orleans county, near McGuire's bridge; the drainage of which is cut off by the Erie canal, by cleaning out and extending a ditch made by the State for such drainage or by such other method for drainage, the same as the Superin

tendent of Public Works may deem best, the sum of one thousand dollars, or so much thereof as may be necessary.

The unexpended balance of the sum appropriated by chapter four hundred and thirty-six of the laws of eighteen hundred and seventy-nine, being the sum of seven thousand seven hundred and ten dollars and twenty-eight cents, to be applied as follows: For building a dam across Beaver river and across Independence river. The balance of said sum to be expended in the discretion of the Superintendent of Public Works, in restoring to the Black river its natural supply of water, and for the improvement of the navigation and for the benefit of the Black river canal.

All of the several items above enumerated are objected to, and not approved, for the reason that the Superintendent of Public Works already possesses abundant authority of law for all expenditures for the canals which can be made in conformity with the Constitution. If any of the objects named in these several items are legitimate charges against the canal funds, they can be provided for by the Superintendent without the enactment of the discretionary authority above given. If they do not come within this category, the items should not be incorporated in the law.

ALONZO B. CORNELL.

MEMORANDUM OF OBJECTIONS ACCOMPANYING THE SUP

PLY BILL.

STATE OF NEW YORK:

EXECUTIVE CHAMBER,

ALBANY, June 7, 1880. (

Statement of items of appropriation, objected to and not approved, contained in Assembly bill No. 460, entitled “An act making appropriations for certain expenses of government and supply. ing deficiencies in former appropriations.”

The several items herein enumerated, contained in Assembly bill No. 460, entitled "An act making appropriations for certain expenses of government and supplying deficiencies in

former appropriations," are objected to, and not approved for reasons hereinafter stated:

For the commissioners of fisheries, to be expended as they may deem proper, upon vouchers to be approved by the Comptroller, for the purpose of replenishing the lakes and rivers of this State with fish, the sum of fifteen thousand dollars.

This item is objected to, and not approved, for the reason that in my opinion abundant provision has already been made for the purpose indicated. Appropriations for restocking the waters of the State with fish have been made heretofore, as follows:

It will thus be seen that appropriations for this object, which were evidently intended in the beginning as temporary, have become chronic, and unless interrupted, are likely to become permanent by precedent. The present seems to be a good time to suspend this expense, at least until the necessity for its continuance shall become more apparent.

For George A. Martinus, for services as messenger to the Committees on Judiciary and Miscellaneous Corporations of the Senate, for the session of eighteen hundred and eighty, at four dollars per day, the sum of five hundred and fifty dollars, or so much thereof as may be necessary.

This item is objected to, and not approved, for the reason that the employes of the Legislature are regulated by chapter

379 of the laws of 1879, which provides that "No additional officers or employes shall be elected or appointed by the Senate or Assembly" beyond those named in the act. Νο "Messenger to the Committees on Judiciary and Miscellaneous Corporations of the Senate" is provided for, hence the appointment of such an employe could not have been legally made, and no appropriation should have been made for this purpose.

For Edward M. Johnson, for preparing the appendix to the Clerk's Manual, pursuant to resolution of the Assembly, adopted May twenty-fourth, eighteen hundred and seventy-seven, three hundred dollars.

This item is objected to, and not approved, for the reason that it is questionable in my mind, whether the Legislature is competent to provide for such a payment. The same item was stricken out of the Supply bill in 1878 by objection of the Governor, for reasons stated at length. If it is a valid claim against the State it should be passed upon by the Board of Audit.

For preparing and classifying under appropriate heads for the use of the Legislature, an index to papers on file in the Assembly from eighteen hundred and seventy-three to eighteen hundred and seventy-seven inclusive, pursuant to resolution of the Assembly adopted May twenty-fourth, eighteen hundred and seventyseven, seven hundred and fifty dollars.

This item is objected to, and not approved, for the same reason as that stated in objection to the preceding item.

And for preparing under appropriate headings a complete index to the laws of the State from eighteen hundred and seventy-five to eighteen hundred and seventy-seven inclusive, pursuant to resolution of the Assembly adopted May twenty-fourth, eighteen hundred and seventy-seven, one thousand dollars.

This item is objected to, and not approved, for the same reason as that stated in objection to the preceding item.

For William H. Barker, for preparing and classifying under appropriate headings under the direction and supervision of the Clerk of the Assembly, an index to all bills presented to the Assembly and not acted on therein, from eighteen hundred and seventy-three to eighteen hundred and seventy-seven, both inclusive, pursuant to resolution of the Assembly adopted May twenty-fourth, eighteen hundred and seventy-seven, six hundred and seventy-five dollars.

This item is objected to, and not approved, for the same eason as that stated in objection to the last preceding item.