USA > New York > Civil List and Constitutional History of the Colony and State of New York > Part 30
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An act of the Legislature, passed May 15, 1876 (chap. 270), in- corporated " The Grand Army of the Republic Soldiers' Home of New York," whose affairs were to be managed by a board of twenty-four trustees, fifteen of whom were named in the act, and the election of six provided for ; the Governor and Comptroller of the State of New York, and the commander of the Grand Army of the Republic of the department of New York were constituted ex officio members of the board. Save the treasurer, the trustees were prohibited from receiving compensation, except actual and necessary traveling expenses inenrred in attending the meetings of the board of trustees, or attending to any business connected with the corpo- ration, by direction of the board of trustees. The object and purpose of the corporation was to provide a home for the reception, care, maintenance and relief of soldiers and sailors from the State of New York, who served in the Union army or navy during the war of the rebellion, and received an honorable discharge therefrom, who might from any cause stand in need of the care and benefits of a soldier's home. The corporation was anthorized to select a site for the home and purchase the necessary lands therefor and a detailed statement of its affairs was required to be annually reported to the Comptroller of the State.
Chapter 48 of the Laws of 1878, passed May 11th, authorized the Grand Army of the Republic Soldiers' Home of New York, to
260
NEW YORK SOLDIERS AND SAILORS' HOME.
transfer and convey all its real and personal property to the State of New York, and directed the Governor, by and with the advice and consent of the Senate, to appoint nine reputable citizens of the State as a board of trustees for the completion, management and control of the Home, the name of which, by the act, was changed to " New York State Soldiers and Sailors' Home." Three of the trustees first appointed were to hold office for three years, three for two years, and three for one year ; thereafter, three trustees were to be appointed annually. The Governor and Attorney-General are ex officio members of the board. Trustees receive no compensation and are under the same restrictions as under the original act of incorpo- ration. The board of trustees, when organized, were required to at once take possession of all the property of the corporation so con- veyed to the State and proceed to complete the buildings already begin or hereafter to be erected, and have them ready for occupa- tion, with all suitable dispatch, with any funds appropriated, there- for, or which might come into their hands for such purpose, and pay any existing indebtedness of the corporation which would be- come a lien thereon. The board of trustees were anthorized to make contracts for work and materials for the completion of the buildings on the property conveyed, which was located at Bath, in Steuben county, and for the furnishing thereof, also for the furnish- ing of supplies for use and consumption therein ; they were further authorized to adopt and establish such rules and regulations specify- ing the duties of its officers and for the goverment of its inmates, fixing the terms and conditions of admission to said Home, and pre- scribing the causes and manner of expulsion therefrom, as might by them be deemed necessary, provided, however, that no such contract conld be entered into, and no such rules and regulations become oper- ative until the same had been submitted to and approved by the Comptroller.
The act provided that every honorably discharged soldier or sailor who served in the army or navy of the United States during the late rebellion, who enlisted from the State of New York or who shall have been a resident of the State for one year preceding his appli- cation for admission, and who shall need the aid or benefit of said Home, in consequence of physical disability or other canse within the scope of the regulations of the board, shall be entitled to admis. sion to such Home, subject to the conditions, limitations and penal- ties, prescribed by the rules and regulations adopted by the board.
261
STATE BOARD OF ARBITRATION.
The board of trustees is required annually, not later than Jan- uary 15, to make a detailed report to the Legislature of all its receipts and expenditures and of all its proceedings for the previous year, together with full estimates for the coming year, verified by the baths of the president and treasurer of the board.
TRUSTEES OF THE SOLDIERS AND SAILORS' HOME. [Those persons who have held by virtue of office are omitted in this list. ]
TRUSTEES.
APPOINTED.
WHOSE PLACE.
TRUSTHIS.
APPOINTED.
WHOSE PLACE.
Jonathan Robie
May
11,1878
Harlo lakes,
Mar. 26,1:80
Cratie.
Nirom MI. Crane
May
11,1:78
John Palmer.
May 5, 1sol
McQuade.
John F. Little.
May 11.1.73
William E. Howell ...
June 1, 1-62
McCall.
Henry W. Sloenin
May
11,1-75
Hosea HI. Rockweil ...
Feb. 15, 1553
Dexter.
James McQuade
May
11,1878
Grattan 11. Wheeler.
Feb. 15, 15-3
Habes.
Byron B. Taggart.
May
11,1-78
Oliver B. Cadwell ..
May 15, 15-1
Thegart.
I-ic F. Quinby.
May
14,1.75
John F. Little ..
Aug. 10, 1.5
Wheeler.
William F. Rogers
May
14,1878
Charles JJ. Fox ..
May 11. 156
Howell.
Ansel J. McCall
11,1-75
Azariah C. Brundage
May 12, 15cc
Robie.
Seymour Dexter.
Jan.
23,1550
Little.
COMMISSION TO DETERMINE THE POSITION AND MOVEMENTS OF NEW YORK STATE TROOPS ON THE BATTLEFIELD OF GETTYSBURG.
Chapter 466, of the Laws of 1886, passed May 26, named four persons, who, with the Adjutant-General of the State, were consti- tuted Commissioners for the State of New York, to determine the positions and movements, at the battle of Gettysburg, of the several military organizations of the State that took part in that battle, and to do such other acts relating thereto, as may be hereafter required of them. They are directed to report their proceedings to the Leg- islature of 1887, with such reconnnendations as they shall judge proper to secure the permanent marking of the movements and po- sitions of such troops. The Commissioners serve without com- pensation. The Governor is authorized to fill vacancies in the board by appointment.
COMMISSIONERS.
APPOINTED.
COMMISSIONERS.
APPOINTED.
Daniel E. Sickels ..
May
26,1 -- 6
Charles A. Richardson.
May
26.15-6
Henry W. Slocum.
May
Jusialı Porter, Adjt. - Gen.
May
26, 1550
Juseph B. Carr ...
May
26, 1886
1
.
STATE BOARD OF ARBITRATION.
An act of the Legislature, passed May 18, 1886 (chap. 410), au. thorized the Governor, by and with the advice and consent of the Senate, to appoint for the term of one year, three competent persons
262
STATE BOARD OF ARBITRATION.
who should constitute a "State Board of Arbitration." The act re- quired that one arbitrator be selected from the party which at the last general election cast the greatest number of votes for Governor of the State, and one from the party which cast the next greatest number of votes for the same officer, the third to be selected from a bona fide labor organization of the State.
The Board are authorized to appoint a clerk or secretary whose duty it shall be to keep a full and faithful record of the proceedings of the board, and also all documents and testimony forwarded by the local boards of arbitration, provided for in the same aet, and per- form such other duties as the said board may prescribe. The clerk or secretary is empowered, under the direction of the board, to issue subpoenas, to administer oaths in all cases before said board, to call for and examine books, papers and documents of any parties to a controversy, with the same authority to enforce their production as is possessed by the courts of record, or the judges thereof in this State. The arbitrators and clerk are required to take and subscribe the constitutional oath of office, and be sworn to the due and faith- ful performance of the duties of their respective offices before en- tering upon the discharge of the same. And it is further provided that an appeal may be taken from the decision of any local board of arbitration within ten days after the rendition and filing of such de- cision. It is made the duty of the State Board of Arbitration to hear and consider appeals from the decisions of local boards, and to promptly proceed to the investigation of such cases, and the decision of said board thereon, which is required to be in writing, shall be final and conclusive in the premises upon both parties to the arbi- tration. Any two of the arbitrators constitute a quorum for the transaction of business and may hold meetings at any time or place within the State. Examinations or investigations ordered by the board may be held and taken by and before any one of their number if so directed. But the proceedings and decision of any single arbitrator shall not be deemed conclusive until approved by the board or a majority thereof. Each arbitrator has power to ad- minister oaths. The board are required to report to the Legislature of 1887, and are directed to include therein such statements, facts and explanations as will disclose the actual working of the board, and such suggestions as to legislation as may seem to them con- ducive to harmonizing the relations of, and disputes between em- ployers and the wage-earning masses and the improvement of the
STORING THE HEAD-WATERS OF THE HUDSON RIVER. 263
present system of production. The compensation of the arbitrators is fixed by the act at $3,000 per annum each, payable quarterly.
STATE BOARD OF ARBITRATORS.
ARBITRATORS.
APPOINTED,
ARBITRATORS.
APPOINTED.
William Purcell 1.
May May
20, 1856
Florence Donovan 3 ..
May 20,1886
Gilbert Robertson, Jr., 2.
20, 1886
COMMISSION TO ASCERTAIN THIE MOST HUMANE AND APPROVED METHOD OF CARRYING INTO EFFECT THE SENTENCE OF DEATH IN CAPITAL CASES.
An act of the Legislature, passed May 13, 1886 (chap. 352), cre- ated a commission to investigate and report to the Legislature on or before the fourth Tuesday of January, 1887, the most humane and practical method known to modern science of carrying into effect the sentence of death in capital cases, such report to be in detail, ac- companied by drawings and specifications of any appliance recom- mended by the commission for that purpose, together with the cost of construction and maintenance and probable durability. The Commissioners, three in munber, were named in the act; they were allowed no compensation for their services, further than actual and necessary expenses incurred while engaged in the performance of their duties as Commissioners. The Governor is authorized to fill any vacancy in the Commission occasioned by the death or resigna- tion of a member thereof.
COMMISSIONERS.
APPOINTED.
COMMISSIONERS.
APPOINTED.
Elbridge T. Gerry.
May May
13, 1886
Matthew Hale ... ..... .....
May 13, 1886
Dr. A. P. Southwick
13, 1586
COMMISSION TO INQUIRE INTO THE PRACTICABILITY OF STOR- ING THE HEAD-WATERS OF THE HUDSON RIVER.
Chapter 541, of the Laws of 1884, passed June 14, directed the Governor within ten days to appoint three citizens of the State to constitute a Commission to inquire into and report to the Legisla- ture of 1885, upon the practicability and method of storing the head- waters of the IIndson river for the purpose of feeding the Cham- plain canal, preventing the formation of sand-bars, and giving a
1 From party casting greatest number of votes, Democrat.
2 From party casting next greatest number of votes, Republican.
3 Labor organization.
264
NEW YORK AGRICULTURAL EXPERIMENT STATION.
more uniform depth of water in the lower Hudson. The compen- sation of the Commissioners was fixed at $500 cach, and their ex- penses incurred in traveling.
COMMISSIONERS ..
APPOINTED.
COMMISSIONERS.
APPOINTED.
Jere W. Finch.
June June
21,1881
Abraham B. Cox
June 21,1881
William A. Beach.
21,1881
NEW YORK AGRICULTURAL EXPERIMENT STATION.
By an act of the Legislature, passed June 26, 1880, there was created an institution to be known as the New York Agricultural Experiment Station, having for its purpose the promoting of agri- culture in its various branches by scientific investigation and experi- ment. The management of its affairs was intrusted to a board of nine persons, to be designated by various agricultural organizations of the State. In 1881 (chap. 702), the affairs of the institution were placed in the hands of nine trustees, named in the act, to be known as the Board of Control, the terms of office of three of the trustees to expire annually, and their successors to be appointed by the Governor for the full term of three years. The Board have authority to acquire necessary real estate,1 and to appoint a director, who shall have charge of the experiments and investigations neces-, sary to accomplish the objects of the institution ; they may also employ chemists and other persons to carry on the work of the station. Property acquired by the Board shall belong to the State and be disposed of and used only as authorized by law. The Gov- ernor is ec-officio a member of the Board. They elect from their nuumber a President and appoint a Secretary and a Treasurer, the latter of whom is required to give a bond of $10,000. The members of the Board receive no salary, but may be paid actual traveling expenses and expenses incurred while in attendance at meetings of the Board.
BOARD OF CONTROL.
APPOINTED.
WHOSE PLACE.
BOARD OF CONTROL.
APPOINTED.
WHOSE PLACE.
Robert J. Swan 2.
Aug. 15, 1851
Aug. 15, 1881.
(3 years. ) (3 years .. ) (3 years. )
Jabez S. Woodward ... Daniel Batchelor. James McCann ... Abram N. McKeel. John O'Donnell ... Charles B. Walker.
Aug. 15, 1881 Aug. 15, 1881 Ang. 15, 1881
Stephen W. Clark .. Patrick Barry.
Aug. 15, 1881
(2 years.)
Feb. 16, 1882
(1 year. ) (1 year. ) (1 year. ) Dodge. Clark.
Robert J. Dodge 3
Aug. 15, 1881
(2 years. ) (2 years. )
Feb. 14, 1883 June 10, 1855
Mc Keel 3
1 Present location of the station is Geneva, N. Y.
2 Re-appointed January 18, 1884.
3 Resigned.
Win. A. Armstrong 2. N. Martin Curtis 2
Aug. 15, 1881
Aug. 15, 1881
STATE COMMISSIONER IN LUNACY. 265
SUPERINTENDENT OF WEIGHTS AND MEASURES.
The office was created by an act of the Legislature passed April 11, 1851, directing the Governor, Lieutenant-Governor and Secretary of State to appoint a scientific man, to be known as Superintendent of Weights and Measures, whose duty it should be to assume the charge and custody of the standards of weights and measures of the State (those furnished by the United States government in ac- cordance with a resolution of Congress approved June 14, 1836, and from them to correct the standards of the several cities and counties, by comparison, as often as once in ten years. He also has general supervision of the weights and measures of the State, and holds office during the pleasure of the appointing power. Annual salary, $500.
Prior to 1851, the Secretary of State was Superintendent of Weights and Measures, and usually appointed some practical me- chanie in Albany his deputy.
SUPERINTENDENTS.
APPOINTED.
SUPERINTENDENTS.
APPOINTED.
John Paterson 1.
1. 1851
Lewis Boss.
Feb. 20, 15>1
Edward D. Smalley.
July Sept.
17,1883
STATE COMMISSIONER IN LUNACY.
By chapter 571, Laws of 1878, the Governor and Senate were an- thorized to appoint a competent physician, to be designated the "State Commissioner in Lunacy," whose duty it should be to ex- amine into the condition of the insane and idiotic of the State and the management and conduct of the asylumns and other institutions for their custody, and report thereon to the State Board of Charities, of which body he, by virtue of his office, was ex officio a member. An act passed May 12, 1874, terminated his membership of the Board, and he was required to annually report to the Legislature. By chapter 267, Laws of 1876, he is empowered to issue compulsory process for the attendance of witnesses and is clothed with the same powers as belong to referees appointed by the Supreme Court. Ilis term of office is five years, and he receives an annual salary of $4,000 and not to exceed $1,000 additional, for traveling and inci- dental expenses. The Seal of the office is the Arms of the State as described in chapter 190, Laws of 1882, surrounded by the inscrip- tion, " State of New York -State Commissioner in Lunacy."
1 Died June 2, 1883.
34
2
266
STATE BOARD OF PHARMACY.
COMMISSIONERS IN LUNACY.
COMMISSIONERS.
APPOINTED.
COMMISSIONERS.
APPOINTED.
John Ordronans ..
May
28, 1573
Stephen Smith,
Muy 28, 1882
PUBLIC PRINTING.
Printers to the Crown or for the Province were commissioned by the Governor and Council during the Colonial period. Printers to the State were designated by the Legislature until January 21, 1843, when a law1 was passed providing for the division of the public printing into several classes of work, and the letting of the work by contract to the lowest bidder. We give the names of the Printers to the Colony and State until the passage of this act.
PUBLIC PRINTERS.
PRINTERS.
APPOINTED.
PRINTERS.
APPOINTED.
William Bradford 2.
April
10,1693
Loring Andrews.
1799
James Parker ...
Dec.
1,1713
John Barber ...
1802
William Weyman ..
Sept.
4,17.59
Charles A. & George Webster
1505
Hugh Gaine 3.
Jan.
15, 1768
John Barber ...
1800
John Holt 4 .....
1775-1781
Solomon Southwick.
1809
Elizabeth Holt.
1751
Henry C. Southwick
18H
Samuel London ....
1785
Jesse Bel.
1815
Samuel & John London.
17.86
Cantlue & Leake
1821
Francis Chills & John Swaine .....
1790
Leake & Croswell
1823
Francis Childs.
1795
Edwin Croswell.
18225
John Chilis ...
1796
Thurlow Weed ....
1310
Loring Andrews & Co.
1798
Edwin Croswell.
1813
STATE BOARD OF PHARMACY.
An act passed May 24, 1884 (chap. 361), established a State Board of Pharmacy and required that the Governor should appoint five pharmacists from ten to be nominated to him by the New York State Pharmaceutical Association to constitute such Board. The term of office of one member of the first board to expire each year, the vacancy to be annually filled by the Governor for the full term of five years, from ten pharmacists to be nominated by the associa- tion above named. The Board are required to hold meetings at least once in three months and it is made their duty to examine per- sons applying for licenses as pharmacists and to grant the same to such persons as may be entitled thereto. After January 1, 1885, it is unlawful for any person to practice as a pharmacist unless he or she shall have been granted a license by the Board. Violations of
1 Laws of 1843, ch. 4.
2 Displaced October 31, 1700, to date from June 25 of the same year ; recommissioned April 25, 1709. 3 Commission dated January 31, 1796.
4 Printer during the war; died January 30, 1781 and was succeeded by his widow for the remainder of the year.
267
INSPECTION OF GAS METERS.
the several provisions of the act are made misdemeanors and are punishable as such. The expense of the Board is paid from the fees received from licenses. The provisions of the act do not apply to the counties of New York, Kings and Eric.
BOARD OF PHARMACY.
PHARMACISTS.
APPOINTED.
WHOSE PLACE.
PHARMACISTS.
APPOINTED.
WHOSE PLACE.
Alfred B. Huested.
E. S. Davison, Jr.
July July July
8, 184] 8, 1851
Curtis il. Haskins
8, 1581
Clark Z. Otis. J. Hungerford Smith. Charles K. Brown. .
July 8, 1881 July 8, 1881 July 21, 1883
Otis.
INSPECTION OF GAS METERS.
In pursuance of an act passed April 14, 1859, there is appointed by the Governor and Senate, for a term of five years, an officer, re- siding in New York city, styled the Inspector of Gas Meters. It is his duty to examine, prove, and, if approved, to stamp or seal all meters for measuring gas furnished by any gas-light company in the State. Ile receives a salary of $1,500, which, with other expenses connected with this office, is assessed upon gas-light companies.
INSPECTORS OF GAS METERS.
INSPECTORS.
APPOINTED.
INSPECTORS.
APPOINTED.
George 11. Kitchen William Davidson
April Feb.
13,1859 10, 1865
John Byrnes. Ferdinand Ehrhart.
April April
19, 1870
21, 1880
THE JUDICIARY.
The judicial system of the State of New York is the growth of the soil. It differs fundamentally, alike in spirit and form, from the older systems of England and the Continent. That subtle spirit which is the genius and organic principle of institutions is in this commonwealth thoroughly radical ; but in its manifestation and working it has always been constructive and progressive, rather than destructive or wayward. The genius of the commonwealth required an independent judiciary, responsible directly to the people; but the conservatism of growth which is as intuitive with us as is our radicalism of ideas, induced a very cantious progress in the practical application of the principle. The germ gradually and systematically unfolded the ontward organism, until to-day the judicial system of New York, in its structure and its character, is held in high regard alike in Europe and in this country. This system, however, was a growth and not a mechanical device.
Originally, the law-enacting and law-interpreting as well as law-en- forcing functions centered in the Governor. No act of the Legisla- ture could become a law withont his assent; he was the Chief Judge of the Court of Final Resort, and his associates of the Conneil were practically his subordinates ; and he was the Chief Executive of English statutes and Colonial enactments. He was the representative of Royal anthority and Parliamentary will. With this limitation, he contended for his prerogative as law-giver, judge and exeentor; councils, courts and administrative officers being but his agents, ad- visers and aids, Assemblies being but an orderly method of making known the wishes of the people, and Legislatures only joint com- mittees to prepare bills subject to his approval and the approval of the Crown. The first State Constitution took the supreme judicial function away from him, and vested it in the Lieutenant-Governor and Senate, the Chancellor and Justices of the Supreme Court. The former, under the Colonial government, had frequently been the
₹
269
GROWTH OF THE JUDICIAL SYSTEM.
Chief Justice, who was almost uniformly a friend of the legal rights of the people, as construed by the Whigs of England ; and the Senate was the legitimate successor of the Council. The Lieutenant-Gov- ernor and Senate were elective officers, and the judicial officers were appointed ; thus uniting popular control with conservative stability. The Constitution of 1846 divided the Court, constituting a Court of Impeachments and a Court of Errors, the latter now becoming a purely judicial body. This differentiation and development grew as inevitably as any thing in nature. The Court of Appeals, as at first constituted, was composed of Judges selected from the Justices of the Supreme Court ; but this in time was found to be cumbrous, the bus- iness of the Courts having increased to an extent to seriously inter- fere with the proper discharge of conflicting duties. The natural out- growth of this state of affairs was the present Court of Appeals, with the intermediate General Term. Thus, while the system has changed, the changes have only been in the direction of a systematic unfolding of the original germ, adapting itself to the general life and order of the commonwealth.
COURTS OF FINAL RESORT.
Supreme appellate and admiralty jurisdiction were vested in the Director-General and Conneil under the Dutch government, and in the Governor and Council under the English Government. These various judicial functions, however, were subdivided under the latter.
COURT OF ASSIZES.
This Court was established under the authority of "The Duke's Laws," promulgated at Hempstead in 1665. It was composed of the Governor, members of the Council, High Sheriff and such Jus- tiees of the Peace as might attend. It sat in New York once a year, the regular term beginning on the last Thursday of September. Special terms, however, could be called at other times, to hear causes requiring speedy dispatch. It had original jurisdiction in all criminal matters, and held trials by jury. In civil cases it had juris- diction when the value was £20 and upwards. In addition to judicial, this court exercised a sort of legislative power, and regis- tered the ediets of the Duke of York, and of the Governor and Conneil. The secretary of the province was clerk of this court. It was abolished in 1683.
270
APPELLATE TRIBUNALS.
CORRECTION OF ERRORS AND APPEALS.
The Court for the Correction of Errors and Appeals, only, was established in 1691. It was composed of the Governor and Council, and when convened in that capacity assembled at the fort. The powers of the Court were analogous to those of the Court of Final Resort (described below), previous to 1846. Appeals lay to it from any judgment exceeding in valne £100 sterling, which amount was increased in 1753 to $300; if the amount exceeded £500, an appeal was allowed to the King in Privy Council, provided the appeal was made within fourteen days after the decision, and the appellant gave bonds for the payment of the final cost and judgments. But in cases where the Episcopal Church was concerned, appeals were allowed from inferior courts to the Governor and Council, and from the latter to the King in Council, without limitation of any sam.
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