of supply would result, without fear of condemnation or encroachment. There would be no desire to lumber without thought of the future. In addition to this, by the leasing of small camp sites, a revenue and protection would result, and the Adirondacks would soon be converted into a health resort and a recreation park for all who might desire to enjoy it. Suitable restrictions providing for free ingress and exit could be placed in such leases.

I recommend, first, that the present law be amended so as to permit an agreement with owners to restrict the cutting of timber down to ten inches in diameter instead of twelve, and that acid factories be prohibited; and that a Constitutional amendment receive your sanction this year, looking towards the scientific forestry and leasing of the State lands. These suggestions, if adopted, would furnish revenue for the building of roads in the forests, and for other items of expenditure made necessary in the care of the Preserve, and would, I am certain, bring in almost all of the private lands without cost to the State.

GOOD ROADS.

The building of good roads has continued during the past year. The general interest which has been aroused will render it necessary to continue liberal appropriations for this purpose. It is to be hoped that the time will come when all of these roads which the State is aiding in constructing may be united in common highways from one part of the commonwealth to another. It seems, however, that sufficient provision has not been made for the repair and oversight of these roads. Recommendation is made, that the law which provides for their building be so amended as to give to the State Engineer supervision, not only during construction, but for all time, over all roads in which the State has so large an interest.

DEATH OF THE PRESIDENT.

The untimely death of our President and the anger of our people against teachings which have no place in our form of government have suggested various methods of dealing both with the press and incendiary utterances. The freedom of the press should be preserved inviolate, because upon it depends the strength of our institutions. Any restriction which, in the hands of the unscrupulous, could be used for personal or partisan effect, or which might in any way interfere with the constitutional prerogative of expressing approval or disapproval, would be a serious blow to our country. The people can be safely entrusted to rebuke in the most positive manner all unreasonable attacks upon either our institutions or public men. Those whose utterances have a tendency to incite to disorder or murder should be punished. The acts of both newspapers and individuals should be directly chargeable to them, and such amendments to the laws as may be necessary to reach all offenders, either through a more expeditious trial, or by broadening their scope, would seem to be warranted and justified and is recommended.

The dignity with which our people met the awful responsibility of dealing with the assassin of President McKinley, and the speedy punishment meted out to him, but evidences our respect for the law. While perhaps the blow which was aimed by this anarchistic fiend against our institutions renders it imperative that our punishment for attempts at murder should be the more severe, it is difficult to see how we can reach the case except by a general amendment to the code. An attempt at murder, so far as the person making such an assault is concerned, only lacks the actual death of his victim to make his crime complete, and the punish

ment should therefore be dependent, not alone upon the actual effect, but upon the intent. The aim of our laws is both to repress crime and to make its commission a terror to evil doers. It is apparent, therefore, that the violent attack upon the life of any citizen with the intent to kill should have a greater maximum penalty than is now provided. If the assassin of our late President had been called upon to face a charge for attempt to murder, the sentence could not have exceeded ten years, with a commutation of about three years for good behavior. In my opinion this maximum should be extended so as to make the law read not more than twentyfive years. This would permit the court to exercise a discretion, and would be more effective than the penalty now imposed.

STATE PRISONS.

The prisons throughout the State are of an old and antiquated character. Sing Sing Prison is positively dangerous both to health and, in the event of a fire, to the lives of the prisoners. The dividing walls between cells, taking up valuable space, should be removed and steel substituted. This could be done gradually by the work of the convicts, appropriations being made yearly for this purpose. Existing condition should be remedied as soon as possible. New York cannot afford to maintain prisons as at present and compel prisoners to eat in their cells, which are foul and unhealthy.

The care of the insane criminals should receive consideration, because the maintenance of two such prisons, namely, at Matteawan and Dannemora, should no longer be continued. The Dannemora site could be used to better advantage than for the care of insane criminals. The per capita expense at both of these institutions is too great, and they are too elaborate for criminals. This Department should be placed under the control of the State Commission in

Lunacy, because it could be managed much more economically than at present. There should be no further appropriations for the hospital at Dannemora, because the difficulty in reaching it by rail renders the cost of maintenance too high. Such additions as may be needed in the future should be made at Matteawan, where facilities for transportation and ease of access make it much more desirable than Dannemora.

The Napanoch prison is so situated as to make its administration most expensive, and is a monument to the folly of those who designed it. No further appropriations should be made for it for the same reasons as given in the case of the Dannemora Hospital for the Insane.

LOCAL EXPENSES.

The almost total abolition of State taxes will bring home to the taxpayer the fact that his expenditures are to be peculiarly local, and if they are excessive, the remedy rests with him to rebuke those who are charged with the administration of his local affairs. It has been found wise to limit by constitutional enactment the bonded debt of any municipality to ten per cent of its assessed valuation. The desire to exceed the debt limit leads to overvaluation, particularly in large municipalities, which the unfortunate property owner is powerless to correct, except through the tedious delays of law. Fairness should be the basis for the imposition of all taxes, and the State Board of Tax Commissioners should enforce the provision against excessive, as well as low, assessments. The Legislature should amend by general law the powers of the State Board, so as to make it a reviewing court to investigate and correct inequalities in the matter of assessments, and thus become not only a mediator, as between counties of the State, but also serve to protect the rights of individuals in each locality. I recommend such action.

I have learned also of excessive salary lists in various municipalities, and while perhaps it may not be proper for the Legislature to interfere, yet, as in the matter of debt, there should also be a safe margin to enable each local legislative body to absolutely fix and determine the percentage of total income to be so expended. In looking over the salary list of the City of New York, it will be found that there are several officials who receive a larger salary than the Governor of the State, or of the Cabinet officers of the United States, and it cannot be claimed with any degree of truth that the services rendered are always commensurate with the compensation given. Mandatory legislation of this character can be justified as it would lead to the curtailment of excessive expenditures without impairment to the efficiency of the service of any municipality. In my experience I have observed that the importance of an office is judged, not so much by the people who are served, as by the man who fills it, and the margin between the two is so great that it is a proper subject for your consideration. I recommend action by the Legislature which will absolutely fix a percentage based upon the total tax levy for the salary lists of all municipalities.

DELAY IN APPEALS IN CAPITAL CASES.

There is evidence that too frequently appeals in capital cases are too long deferred by the failure of district attorneys to compel the appearance of the defendants' counsel. There are instances where the accused have been awaiting an appeal for long periods, and one case has come under my observation where three years had elapsed before it was noticed on the calendar of the Court of Appeals. Under the Constitution a direct appeal is taken from the Supreme Court to the Court of Appeals, but so long as there is a disposition upon the part of the district attorneys to accede to the

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