ceedings in the courts to change their corporate names. By that act railroad companies and corporations created by special charter' were excepted from its provisions; but by chapter 280 of the Laws of 1876, the act of 1870 was amended by striking out the exception as to railroad companies and corporations created by special charter.' Hence, railroad corporations are permitted to change their names, under the act of 1870, without the intervention of the Legislature."

The bill was not passed over the veto.

February 17. To the Assembly:

Veto of a bill entitled "An act to legalize the official acts of certain justices of the peace, and authorizing justices of the peace to execute and file official bonds, and to take and subscribe the official oath."

"This act legalizes the official acts of every justice of the peace who has neglected to take an official oath, or to give an official bond, or omitted certain things required by law to be done, and permits any justice heretofore elected or appointed who has neglected any of such matters so required by law to be done, to do the same within sixty days after the passage of this act.

The first objection to the enactment of this law is, that there is very little, if any, necessity for it. It has been the custom annually, for many years, to pass such a law, but there is really not much actual need of it.

The official acts of a justice of the peace who has been duly elected, and is acting as such, cannot be questioned, collaterally, even though he may have neglected to take an official oath, or to file an official bond. He becomes an officer de facto with color of lawful title, and while his official acts may not protect himself, still they are valid in

so far as the public or third persons are concerned. This rule is well settled, and hence there is no public necessity for the passage of this law.

The second objection is that the constant passage of such acts tends to encourage looseness of administration among public officials, and furnishes a pernicious precedent. Every justice of the peace is given to understand, by the annual enactment of such laws, that it makes no difference whether he complies with the law imposing upon him the duty of filing an oath or a bond within the time required by law, or complies with it at all, as the Legislature will surely pass an act the following winter legalizing his acts and permitting him to perform his neglected duty at his leisure, or within what is equivalent, namely, two months' time.

So far as the justices themselves are concerned, they are usually entitled to no such relief. They are encouraged to become careless and indifferent by this very kind of legislation, and omit their plain duty upon the most frivolous pretexts.

So long as the public or third persons do not need the protection of this bill, it does not seem expedient to annually afford an inducement to public officers to neglect their duty. A justice of the peace who is not sufficiently acquainted with the law, or is so indifferent and careless as not to inquire what his duty is in these respects, ought not to be permitted to hold such an office, and the public will not suffer if his acts are not legalized, and he is permitted to retire to private life. By the frequent enactment of these legalizing acts the people become accustomed to think that it is very easy to procure an act of the Legislature, and that it is a trifling matter whether or not the laws of the State are strictly complied with. It is time to cry a halt as to this class of legislation, and this is a favorable opportunity."

The bill was not passed over the veto.

February 18. To the Senate:

Veto of a bill entitled “An act to provide for the election of a police justice and police constables in the village of Herkimer."

"This is a special act providing for the election of a police justice and police constables in the village of Herkimer. That village was not incorporated under a special act, but under the general law for the incorporation of villages, passed April 20, 1870.

The Constitution of the State forbids the passage of any act for the incorporation of villages, but provides that all villages hereafter created shall be organized under this general law. This bill violates the spirit of the Constitution by enacting peculiar provisions which would be applicable alone to the village of Herkimer, and not to the other villages of the State.

The bill is virtually an amendment to the village charter, and an amendment cannot well be made where it would be improper to pass an original special charter. If the village of Herkimer is entitled to such special legislation, it follows that every other village in the State similarly situated is entitled to the same kind of legislation.

It is conceded that by the provisions of the general act of 1870, especially as amended by chapter 514 of the Laws of 1875, the citizens of Herkimer can accomplish substantially all the purposes intended to be accomplished by this bill, if they so desire. It seems, however, to be easier for them to apply to the Legislature and obtain a special act, rather than proceed under the general act. If the general law is defective in any manner, or does not answer all the purposes required, then the general law itself should be amended so that all the villages in the State incorporated under it may have the benefit of these new or desirable provisions.

d Const. 1846, art. 3, § 18, added 1874.

There are too many villages in the State to warrant special legislation for each one of them every time that it imagines that it desires a change from existing methods. It is represented to me that this bill is favored by the best citizens of Herkimer, and I have no objection to its provisions, except that it is special legislation of the worst kind. The time of the Legislature ought not to be taken up with such matters. The attention of the legislators should be given to the enactment of general laws applicable to the whole State. It is a very easy matter to frame a general law which will answer all the purposes intended to be accomplished by this bill, if in any respect the present law is not adequate.

I regret exceedingly to differ with the Legislature upon these matters, but I am resolved, so far as lies in my power, to prevent a repetition of the volume of special legislation which has heretofore unnecessarily incumbered our statute books."

The bill was not passed over the veto.

February 24. To the Assembly:

Veto of a bill entitled "An act to authorize the construction of sewers in Church street in the village of Saratoga Springs."

"It will be observed that the title of this bill announces it 'An act to authorize the construction of certain sewers,' etc., etc., while the first section of the body of the bill declares: It shall be the duty of the board of trustees of the village of Saratoga Springs to construct,' etc., etc. This provision makes the bill a mandatory rather than a permissive measure. As such it is contrary to those principles of home-rule which, to insure lastingly successful administration, should and must be applied as well to our own State as to distant countries.

If a bill is prepared, and meets the approval of the Legislature, giving to the board of trustees of Saratoga Springs certain additional powers in the matter of the construction of sewers, even though only applying to a limited portion of the village, I should be inclined to sign the measure.

The fact is recognized that Saratoga has need in particular directions for somewhat different regulations than those that will serve for the best government of other places of the State. But while this may be so in a few obvious instances, it can hardly be urged as a conclusive reason for attempting to legislate for this town at the Capitol at Albany rather than at the Town Hall of Saratoga.

The title trustee' itself supposes trust reposed. If the citizens of Saratoga do not take pains to elect men in whom the power to construct sewers can safely be vested, they can hardly with justice ask the State to be a guardian of their local interests.

Effective and economical home-rule for all the localities of the State will be secured only when every city, town and village becomes aware that reforms in local matters must be inaugurated and prosecuted to a successful termination by home effort, and not by the interposition of the higher power of the State Legislature."

The bill was not passed over the veto.

February 25. To the Senate:

Veto of a bill entitled "An act in regard to the taxation of the real estate of the Young Women's Association of the city of Troy."

"This is a special act which provides that the real estate now owned, or that may hereafter be acquired, in the city of Troy by the Young Women's Association of that city, not exceeding forty thousand dollars in value,