XXXIX. AT the fall election, when Mr. Tilden was chosen governor, the people also ratified an amendment to the State Constitution which conferred upon the governor, in addition to his former power of vetoing a whole bill, a power to veto or withhold his assent from any one or more items of an appropriation bill, while approving of the rest. The following veto-messages and memoranda were the first delivered or filed under this constitutional amendment. VETO-MESSAGES IN 1875. To the Senate. EXECUTIVE CHAMBER, ALBANY, April 12, 1875. I RETURN herewith, without my approval, Senate Bill No. 27, entitled "An Act to change the name of the Black River Insurance Company of Watertown, New York." It may perhaps be questionable whether a corporation is a person within the meaning of the first subdivision of Section 18 of Article III. of the Constitution; but it seems to me plain that the object sought to be accomplished can as well be attained either by an amendment to Chapter 322 of the Laws of 1870, authorizing corporations to change their names, or by a general act specially applicable to insurance corporations. To the Senate. EXECUTIVE CHAMBER, ALBANY, April 12, 1875. I return herewith, without my approval, Senate Bill No. 67, entitled "An Act for continuing and regulating a ferry across the Hudson River in the town of Phillipstown, in the County of Putnam." This Bill authorizes the Garrison and West Point Ferry Company to maintain a ferry between Garrison Station and the West Point Dock, and prohibits all other persons from conveying passengers or goods for hire across the river between any point on either side within half a mile of a line drawn from the ferry slip at Garrison to the West Point Dock, under a penalty of five dollars for each offence. It seems to me plain that this Bill is in conflict with the provision of Section 18 of Article III. of the Constitution, which prohibits the Legislature from passing any private or local bill granting to any private corporation, association, or individual any exclusive privilege, immunity, or franchise. To the Senate. EXECUTIVE CHAMBER, ALBANY, April 15, 1875. I return herewith, without my approval, Senate Bill No. 109, entitled "An Act to amend an Act entitled an Act to authorize the consolidation of certain railroad companies, passed May 20, 1869." Section 1 of the Act sought to be amended authorizes any railroad corporation incorporated under the laws of this or any other State, operating a railroad or bridge wholly or partly within this State, to consolidate with any other railroad company organized under the laws of this or any other State, where the two railroads will form a continuous line. The Bill now before me proposes to amend that section so as to authorize any railroad corporation organized under the laws of this State or of the State of Pennsylvania, either operating or constructing a railroad or bridge wholly or partly within the State, to consolidate with another company formed under the laws of this State or of the State of Pennsylvania. This amendment is doubtless proposed to meet a special case, so as to allow the consolidation of two corporations, although the roads of neither are in operation; but it restricts the operation of the existing statute so as to prevent the consolidation of two railroad corporations, although the roads of both are in operation, unless each of such corporations was organized under the laws of this State or of the State of Pennsylvania. I am unable to see any good reason for such a discrimination between railroad corporations of the State of Pennsylvania and those of other contiguous States. To the Assembly. EXECUTIVE CHAMBER, ALBANY, April 21, 1875. I return herewith, without my approval, Assembly Bill No. 172, entitled "An Act to authorize the increase of the capital stock of the Richmond County Storage and Business Company." The Company named in the title of this Bill was incorporated by Chapter 684, Laws of 1870, with a capital of one hundred thousand dollars, with power to increase the same to five hundred thousand dollars. I am informed that this corporation has never done any business under its charter, or exercised any of the powers thereby conferred upon it, except that it has perfected its organization. The primary object of this Company is "to receive on storage or deposit any goods, wares, merchandise, or property for safe-keeping or shipment, and to make advances thereon or on the pledge thereof, to transact all kinds of business usually done by warehousemen and lightermen, and to collect dockage, wharfage, storage, and lighterage for the use of their property and the machinery connected therewith, or the lighters employed by them;" but it is also authorized by its charter to "guarantee the payment of promissory notes, bills of exchange, bonds, accounts, claims, annuities, mortgages, choses in action, and evidences of debt, and the punctual performance of all contracts and obligations upon such terms as are allowed by law;" and also "to receive and take the management, charge, or custody of real or personal property and choses in action;" and to "advance moneys, securities, or credits thereon on such terms as are allowed by law," whether such securities, contracts, or property have any connection or relation. to the business of storage, dockage, or lighterage, or not. The Bill now before me authorizes the increase of the capital stock of the Company to the extent of one million dollars. I cannot sanction any increase of the capital stock of a corporation whose powers are so diverse and extensive. On the other hand, I recommend the modification or repeal of its charter. |