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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.
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 and Population. 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 If a liquor tax certificate shall have been revoked because the holder or his agents had permitted the premises to become disorderly, or had suffered or permitted any gambling in or connected with the premises, no new certificate shall be issued for traffic in liquors at 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.
Chapter 151 enacted that the people of the State of New York accept title, a deed of gift and an assignment of lease in perpetuity from the corporation of Witherbee, Sherman & Co., of land in the town of Crown Forts St. Frederick and Point, Essex County, embracing the sites of Fort St. Amherst Reservation. Frederick and Fort Amherst. The land described in the deed of gift shall be forever dedicated to the purpose of
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 Park Commission to administer that park. Chapter 300 repealed 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
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 civilian 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 magistrates 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,
On January 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 denied 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.
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 Extent of year of 28,303. In addition to these classified employes, about 6,500 the Service. 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
borers in the field services of the United States. The last important extension of the Civil Service rules was effected on December 1, 1908, when President Roosevelt included under them all the fourth class postmasters in the states of Maine, New Hampshire, Vermont, Massachusetts. Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Ohio, Indiana, Illinois, Wisconsin and Michigan. These number 15,488. If the experiment works well, all fourth class postmasters, of whom there are 54,312 in the United States, will probably be put on the classified list. The total number of additions to the classified service in 1908-'09 was 16,560. The merit system was also established in part in the diplomatic service by President Taft's executive order of November 26, 1909, for the details of which see under "The Foreign Service" in this volume.
On April 1, 1910, President Taft issued an order putting assistant postmasters at first and second class postoffices in the classified service. About 21,000 postoffices were affected by the order. On October 1, 1910, President Taft issued an execuExtensions tive order, effective on December 1, 1910, putting all assistant postmasin 1910. ters and clerk appointees of postmasters under Civil Service rules. About
4,500 appointees were affected.
Examinations are held in every state and territory at least twice a year. They relate as nearly as possible to the duties to be performed, and, wherever practicable, include practical tests. No one is certified for appointment whose Admissions standing in any examination is less than 70 per cent, except soldiers and Removals. and sailors having preference under Section 1754 of the Revised Statutes, who need obtain but 65 per cent. A certificate is given to each person examined, stating whether he or she passed or failed to pass. Upon requisition of an appointing officer the commission certifies the names of three eligibles for the position desired to be filled, and from the eligibles thus certified selec'tions are made. Provision is also made in the rules for the filling of positions by promotion, reduction, reinstatement or transfer. During the fiscal year 1908-'09 168,500 persons were examined, of whom 132,115 passed and 43.970 were appointed.
Persons discharged from the military or naval service by reason of disability resulting from wounds or sickness incurred in the line of duty who receive a rating of at least 65 are certified first for appointment. They are also released from the maximum age limitation. All others are required to obtain a rating of 70 or more to become eligible. The rule barring reinstatement after a separation of one year does any apply to any person honorably discharged after service in the Civil War or the war with Spain, or his widow, or an army nurse of either war.
The revision of the rules promulgated by President Roosevelt on March 20, 1903, contains this limitation on the power of removal: "No person shall be removed from
a competitive position, except for such cause as will promote the effiLimitations clency of the public service, and for reasons given in writing, and the on Removal. person whose removal is sought shall have notice and be furnished a copy thereof, and be allowed a reasonable time for personally answering the same in writing; but no examination of witnesses nor any trial or hearing shall be required except in the discretion of the officer making the removal. such reasons, notice and answer, and of the order of removal shall be made a part of the records of the proper department or office, as shall also the reasons for any change in rank or compensation, and the commission shall upon request be furnished with copies or the originals thereof."
On October 17. 1905, President Roosevelt issued an order modifying the conditions of removal as follows: "When the President or head of an executive department is satisfied that an officer or employe in the classified service is inefficient or incapable, and that the public service will be materially improved by his removal, such removal will be made without hearing; but the cause of removal shall be stated in writing and filed. When misconduct is committed in the view and presence of the President or head of executive department, removal may be made summarily and without notice."
The rules also forbid any person in the executive Civil Service "to use his official authority or influence for the purpose of interfering with an election or affecting the result thereof." They provide that no discrimination shall be exercised, threatened or promised by any persons in the executive Civil Service against or in favor of an applicant, eligible or employe in the classified service because of his political or religious opinions or affiliations.
By two executive orders, one of July 3, 1902, and the other of March 26, 1903, President Roosevelt directed that appointment of all unclassified laborers in departments in Washington be made in accordance with registration tests for fitness, and extended those tests to laborers and workmen in the government employment in such other large cities as might be agreed on by heads of departments and the Civil Service Commission.
In addition to the home service, the commission holds examinations for positions in the Isthmus of Panama Canal Zone, in the Philippines, Porto Rico and Hawall. Besides examinations for positions in the classified service, the commission also holds examinations for entrance to the Naval Academy, the municipal government of the District of Columbia, including the office of the Recorder of Deeds, and for laborers in the departments at Washington and in the large cities of the country. Appointments of unclassified laborers in the departments at Washington and in the large cities under executive order are required to be made in accordance with regulations restricting appointment to applicants who are rated highest in physical condition. The system. however, is outside the Civil Service act and rules.
Only about one-eighth of the positions embraced within the competitive service
are located at Washington. In administering the rules in the services outside of Washington the commission is aided by local boards of examiners, 1,687 The District in number, having in all 5,036 members. These examiners are selected System. from among persons already serving in federal offices in the cities in which the respective boards are located, and receive no additional compensation for their work on such boards. The rules require that in the performance of their duties as examiners they shall be under the direct and sole control of the commission, and that such duties shall in each case be considered a part of the duties of the office in which the examiner is serving, time being allowed for their performance during office hours. The rules further require that no board shall be composed solely of adherents of one political party when other persons, are available and competent to serve.
In addition to these local boards, the commission has representatives of its own in the field, giving their entire time to its work, and paid, with two exceptions, as part of its own clerical force. This force consists of twelve district secretaries, each with supervision over the local boards in the territory under his charge, and twentyseven clerks serving in the offices of these secretaries. The establishment of these districts has resulted from the growth of the classified service outside the city of Washington, which now embraces more than 200,000 positions.
Within the last ten years the widespread movement in municipal reform has resulted in a considerable number of new city charters. the majority of which provide the form called commission government. Most of these The Merit System new charters make the adoption of Civil Service rules with in States and Cities. more or less thoroughness the foundation of the new structure. and many of them make special provisions for the introduction of the merit system of appointments.
Since the introduction of the merit system into the federal service. in 1883, six states and nearly one hundred cities have adopted it. New York passed a Civil Service law in 1883, Massachusetts in 1884. Wisconsin in 1905, Illinois in 1905, Colorado in 1907, New Jersey in 1907, and Ohio a law providing limited service for cities in 1908.
The cities of over 50,000 population which have a merit system covering the municipal service in whole or in part are the following:
New Bedford, Mass.
Syracuse, N. Y.
Civil Service rules have been extended by the New York Commission, with the approval of Governor Hughes to Niagara. Oneida. Orange. TIIn New York ster, Suffolk, Rensselaer, Nassau and Chautauqua counties. bringCounties. ing seventeen counties in New York State under the Civil Service rules.
THE POSTAL SERVICE.
The postal service is the greatest business enterprise conducted by the federal government. Its growth is rapid and constant. The Postoffice Department disburses more money than any other department, but its direct demands on the Treasury are small, since it is supposed to be practically self-supporting. In recent years there has been a tendency to run up the annual deficits, but under the Taft administration a successful effort has been made to return nearly to a pay-as-you-go basis. According to the report of the Postmaster General for the fiscal year 1908-'09 the service had
Magnitude of the
on June 80, 1909, about 325,000 employes. These employes
handled during the year nearly 14,000,000,000 pieces of mail. The number of postomices in operation was 60,144. There were 26,652 domestic transportation routes, aggregating 448,618 miles in length, with an annual travel of 542,151,121 miles. A delivery service by carrier was provided on 40.628 rural routes and in 1,440 cities and towns. Ordinary postage stamps to the number of 8,712.907.031 were sold during the year, domestic money orders to the value of $491,074,844 were issued, and 40.539.545 articles were registered. The total receipts for the fiscal year 1909 were $203,562.383 07, an increase of 6.31 per cent over the receipts of the previous year. The total expenditures amounted to $221,004,102 89, an increase of 6.07 per cent. The deficit for the year was $17,441.719.
By reforms in the administration of the department the deficit of $17.441.719 was reduced in the fiscal year 1909-'10 to $6,100,000-a saving of over $11,000,000. But the extent of the service was increased by the establishment of 1,500 new postoffices and 515 new rural delivery routes, the latter covering 12,235 miles. There were appointed