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[Vol. 36]

Governor's Memoranda

PAGE.

Relative to the development of the State's natural water power

resources

395

402

Relative to the need of county government reorganization.... 400 Relative to water power, urging that legislation be adopted which would permit of a referendum on the subject...... Setting forth the necessity for making provisions for the cure of the defects in the parole system as outlined in the crime commission's report ..

406

Suggesting the enactment of legislation giving the Governor of New York State power of veto over the action of the Commissioners to the Port Authority appointed from this State.... 409

GOVERNOR'S MEMORANDA

Canal Law, an act to amend the, to conform to the State Department Law, generally, not approved.....

480

491

Canal Law, an act to amend the, in relation to damages caused by termination of canal navigation, approved...... 481 Civil Service Law, an act to amend the, in relation to retiring veterans and pensioning them, not approved.... Code of Criminal Procedure, an act to amend the, in relation to insane veterans of the World War, not approved....... 482 Education Law, an act to amend the, in relation to the apportionment of public school moneys, and making an appropriation therefor, approved

....

479

Education Law, an act to amend the, in relation to the practice of osteopathy, not approved....

483

Education Law, an act to amend the, generally, in relation to the retirement of teachers, approved....

490

Education Law, an act to amend the, in relation to the use of the title of doctor in the practice of optometry, not approved. 494 Education Law, an act to amend the, in relation to the State teachers retirement fund for public school teachers, approved. 496 Greater New York Charter, an act to amend the, in relation to the definition of "final compensation" of members of the New York city employees' retirement system, approved.... 493 Military Law, an act to amend the, in relation to pensions and the heating and lighting of armories, approved...

Penal Law, an act to amend the, in relation to immoral plays and the use of real property therefor, approved......

490

485

Department of Public Service

[Vol. 36]

Port of New York Authority, an act by which the State of
New York vests in the Governor of the State, pursuant to
article sixteen of the Port Compact or treaty entered into
between the States of New York and New Jersey, dated
April 30, 1921, veto power over any action of any com-
missioner appointed from the State of New York to the,
approved

PAGE.

487

Public Service Commission Law, an act to amend the, in rela-
tion to the installation of appliances or devices on gas or
electric pipes, wires, conduits or ducts, not approved...... 491

Tenement House Law, an act to amend the, in relation to certain
club-apartments in certain cities, not approved.....

Ward's Island, an act to release and surrender to the city of
New York part of the premises demised by the lease of,
made by the city of New York to the State of New York,
and granting to the city of New York the right to construct,
maintain and operate on such released and surrendered
premises a sewage disposal plant, together with the right to
construct and maintain a sewer westerly therefrom, and
under the bed of the Harlem river to Manhattan Island,
approved

DEPARTMENT OF PUBLIC SERVICE

Fonda, Johnstown and Gloversville Railroad (electric division),
In the matter of the petition (or complaint of) under sub-
division 1, section 49, Public Service Commission Law, and
section 181, Railroad Law, for permission to increase passen-
ger fares; also under section 29, Public Service Commission
Law, for consent to put proposed new tariff in effect on short
notice. (Case No. 3507.)

Railroads, electric division-petition asking permission
to increase passenger rates and for consent to put pro-
posed new tariff in effect on short notice - apparent
from showing that present fares failed to yield an
amount in operating income on the city lines, on the
interurban service and on the combined service suffi-
cient to meet the interest requirements upon the bonds
allocated to the electric division - plaintiff has justified
the proposed increase in fares and is permitted to make

492

486

the increased rates effective on three days' notice.... 132

Hudson Valley Railway Company, in the matter of the petition
of, for approval of a declaration of abandonment of those
portions of its constructed route (1) known as the Lake
George-Warrensburg line, Warren county, and (2) known as
the Thomson to Greenwich line, Washington county. (Case
No. 3489.)...

411

[Vol. 36]

Education Department

EDUCATION DEPARTMENT

Albion, town of, Oswego county, In the matter of the appeal
of Niagara, Lockport and Ontario Power Company from the
order dissolving common school district No. 14 of the town
of, and annexing its territory to union free school district
No. 4 of said town and county. (Case No. 1153.)

-

School districts-consolidation appeal of a corpora-
tion from the order annexing territory in which its
property is assessed and where a low school tax pre-
vails, to a union free school district where a much
higher tax rate obtains - sole interest of appellant
corporation is the matter of taxation-respondent's
contention that consolidation will permit maintenance
of a satisfactory academic department in addition to
a properly graded elementary school without an exces-
sive tax burden and will be a benefit to the entire com-
munity increased taxation not itself sufficient war-
rant for reversal of the order where the consolidation
tends to equalize the burden of taxation among those
directly benefited - appeal is dismissed....

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.. 233

American Civil Liberties Union, In the matter of the appeal
of the, from the action of the board of education of the city
of New York in denying their applications for the use of the
auditorium of the Stuyvesant High School. (Case No.
1148.)

-

City school districts use of school auditoriums for
other than school purposes discretionary with boards
of education subject to provisions of section 455 of the
Education Law- no abuse of discretion where school
authorities refuse use of school property for any ac-
tivity not embraced in general school program and
which is of a nature liable to arouse ill feeling,
jealousy, dissension or lead to misunderstanding
appeal is dismissed.....

Brookhaven, town of, Suffolk county, In the matter of the pro-
ceeding for the removal of certain members of the board of
education of union free school district No. 2 of the. (Case
No. 1152.)

Union free school districts - petition for removal of cer-
tain members of the board of education — since institu-
tion of this proceeding a decision of the Court of Ap-
peals has been rendered sustaining the order of the
Commissioner of Education requiring transportation of
pupils in this district, the failure to comply with which
order was one of the charges brought against the mem-
bers of the board as one of the respondents has died
and the terms of office of the remainder have expired
during the pendency of the court proceedings, it is un-
necessary to pass upon this petition at this time- the
proceeding is dismissed..

87

150

Education Department

[Vol. 35]

Cameron, and Thurston, towns of, Steuben county, In the matter
of the appeal from the election of Kenneth Smith as col-
lector of school district No. 8 of the. (Case No. 1162.)

See Thurston, town of, infra.............

Carl, G. Harold, In the matter of the appeals from the action of
the board of education of union free school district No. 3 of
the towns of Little Valley and Mansfield, Cattaraugus county,
relative to the dismissal of, as principal and to his re-employ-
ment as such principal. (Case No. 1150.)

-

Union free school districts — appeal from action of board
of education relative to dismissal of principal - allega-
tions of acts unbecoming a principal and of insub-
ordination examination of testimony does not estab-
lish by a preponderance of evidence the guilt of ac-
cused succeeding board of education within its rights
in re-employing principal for present year-appeal
is sustained

Clermont, In the matter of the appeal from the action of the
board of education of union free school district No. 2 of the
towns of Germantown and, Columbia county, in discontinu-
ing the Viewmont school in said district and in providing for
the transportation of the children to the central school.
(Case No. 1146.)

Union free school districts discontinuance of branch
school transportation of pupils majority of
parents satisfied with means of transportation as now
provided and approving of closing a branch school
discontinuance of branch school within discretion of
board of education appeal is dismissed insofar as it
relates to closing of branch school - special district
meeting ordered called to take action on transporta-
tion of pupils......

Clymer, town of, Chautauqua county, In the matter of the
appeal of the board of education of union free school district
No. 3 of the, from the refusal of the trustee of district No. 2
of the town of French Creek to pay certain academic tuition.
(Case No. 1155.)

Union free school districts - non-resident academic tui-
tion charge in excess of State tuition a proper charge
against the district from which the pupils come, not-
withstanding the action of such district in limiting, by
resolution at annual meeting, academic fees not to
exceed the State regulation then in existence - appeal
is sustained

Collins, town of, Erie county, In the matter of the appeal from
the refusal of the district superintendent to change the bound-
aries of districts Nos. 6 and 8 of the. (Case No. 1145.)

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[Vol. 36]

Education Department

School districts - dismissal of appeal from decision of
district superintendent refusing to alter district bound-
aries-failure of appellants to show school children
would be materially benefited by such change or that
superintendent had failed to exercise fair discretionary
power in refusing to alter such boundaries....

Colonie, town of, Albany county, In the matter of the appeal
from the action of the special district meeting held in common
school district No. 6 of the, October 7, 1926. (Case No. 1163.)
School districts-appeal from action of a special district
meeting in designating a new school site-in absence of
sufficient reason to justify setting aside action of the
special meeting or for ordering the calling of another
meeting, appeal is dismissed....

Cross, Horace W., In the matter of the appeal of, from the ac-
tion of the board of education of union free school district
No. 5 of the town of North Hempstead, Nassau county. (Case
No. 1166.)

Union free school districts- appeal from alleged action
of board of education summarily discharging appellant
as principal during the term of his contract, and based
upon contention that one participating member of the
board was not qualified to serve - minutes of meeting
disclosing no intention of discharging principal before
termination of his contract and board member whose
action is challenged having been adjudged as qualified,
the case is dismissed..

Fallsburgh, town of, Sullivan county, In the matter of the ap-
peal from the action of the board of education of union free
school district No. 13 of the, in relation to the assessment of
certain properties for school taxes. (Case No. 1151.)

-

Union free school districts-appeal from action of a
board of education in assessing the properties of cer-
tain petitioners for school taxation purposes in excess
of the assessments made by the town assessors - board
required by statute to use last revised town assessment
roll for purpose of levying school taxes
-board may
not substitute its judgment as to valuations for that of
the town assessors appeal is sustained and relief af-
forded to petitioners improperly taxed....

-

Flinn, John, In the matter of the proceedings for the removal
of, as a member of the board of education of union free school
district No. 5 of the town of North Hempstead, Nassau
county. (Case No. 1165.)

Union free school districts- proceeding for removal of a
member of the board of education not instituted until

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501

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