8/3/2019 Newspaper Auburn NY Democrat Argus 1912 - 1913 -
1236
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V T 1 G I M O F H A Z E R SSidney C S. Collett Ma y Be
Ditfigur*d for Life.
W E L L K N O W N I N T H I S C I T YSurvivor of the Titanic
DitMter
Bdly Troatod by Student.at Granville, O ., College.
Si dney C . Stua rt C o l l et t , s o n o rRev. and Mrs. Mawhey
B. Collett ofP o rt By ro u, w ho i s w el l kno w n I nAuburn as
one of the survivors of theTitanic disaster, was the victim ofha s
ers I n D eni s o n C o l l eg e , Gra nv i l l e ,O. , recent l y
a nd ma y ha v e been di s figured for l ife by the treatment
herecei v ed. The Sy ra o us e P o s t -Sta nda rdto da y co nta i
ns the fo l l o w i ng s to ryo f the o ccurrence a nd n s ta
tement byC o l l et t ' s bro tner , a s tudent i n Sy ra cus e uni
v ers i ty ;
"Si x s tudents , a l l eg ed to ha v e beenled by Kent Pfeifer
of 8t. Paul, Minn,to o k cha rg e o f C o l l et t ' s ha t i ng w
hi chco ns i s ted o f ' bra ndi ng hi s fo rehea dwith nitrate of
si lver. Acid used too bl i tera te the s ta i n o f the ni tra te
a ppa rent l y ha s a dded to the di s f i g urem e n t .. "Tho ma
s F . A . C o ll et t , a s tudentat Syracuse University and a
to-othero f Stua rt , dec l a red l a s t n i g ht tha ts teps pro
ba bl y w i l l be ta ken to bri ngthe ba s i ng to the a t tent i
o n o f theBri t i s h a mba s s a do r a s y o ung C o l l et ti s
s t i l l a s ubject o f the ki ng . Wha tev er mo v e i s ma de
pro ba bl y w i l l bethro ug h R i cha rd C o l l et t , a n uncl
e ,w ho i s a -w ea l thy Eng l i s hma n a nd amember o f P a rl i
a ment .* " Ha t i n g s ho ul d be di s co ura g e d/Mr. C o l l
et t s a i d- l a s t n i g ht . ' I t prev a i l ed i n Eng l a nd
y e a n a g o but i t i so nl y a memo ry there no w , So methi ngo
ug ht to be do ne to a to p the pra ct i cei n A meri ca . A g rea
t ma n y y o ungEng l i s hme n co me to thi s co untry fo rthei r
educa t i o n a nd they s ho ul d fo epro tected.' "Wha t ha s i
been do ne to mybro ther ca nno t be undo ne. But fo re i g n s
tudents i n A meri ca n co l l eg es. o ug ht to be i mmune fro m s
uch s i l l ypra ct i ces ev en i f there ha s been a ni nterna t i
o na l a f fa i r o v er i t '"Onl y the mes g to res t deta i l *
o fthe ba s i ng a re a v a i l a bl e beca us e thea utho ri t i
es o f D eni s o n C o l l eg e na v eno t i nv es t i g a ted the
ca s e tho ro ug hl y .P fe i fer ha s been s us pended, butnei
ther he no r C o l l et t w i l l te l l thena mes o f the o ther
members o f thena s i ng pa rty . C o l l et t s a y s he do es n'
tkno w w ho the ha s ers w ere beca us ethey w ere ma s ked."Mr. C
o l l et t ' s fa ther , pa s to r o f theBa pt i s t C hurch a t P
o rt By ro n, w a sno t i f i ed o f the ha zi ng y es terda y a
ndw a s deepl y s ho cked. i He ha s no thea rd fro m hi s s o n I
n mo re tha n aw eek."N ew s o f the ha zi ng l ea ked o utw hen C
o l l et t w ent to Prof. H. L.Brumba ch o f the chemi s try depa
rt*ment o f the uni v ers i ty to ha v e thes ta i n remo v ed fro
m hi s fo rehea d.. P ro fes s o r Brum ba ch w o u l d no t co ns
ent to remo v e the s ta i n unt i l a f terC o l l et t ha d na
med hi s a s s a i l a nt ."P fe i fer w a s the o nl y member o
fthe ba nd C o l l et t reco g ni zed. He w a s-ha l ed befo re the
uni v ers i ty a utho ri t i es a nd i s s a i d to ha v e a dmi
ttedha v i ng pa rt i c i pa ted i n the ha zi ng .He decl a red i
t w a s do ne o nl y i n funa nd ex pres s ed deep s o rro w o y er
thes er i o us res ul ts ."So fa r a s i s kno w n, C o l l et t '
s a ppa rent re l ucta nce to ' mi x ' w i th theo ther s tudents a
t the uni v ers i ty w a sthe o nl y ca us e fo r the ha zi ng .
Befo re co mi ng to A meri ca C o l l et t w a sa l i cens ed prea
cher o f the Ba pt i s tC hurch i n Eng l a nd, but nev er w a so
rda i ned. ~-1 ' Li ke a ny o ther y o ung Eng l i s hma n hi s ha
bi ts w ere no t tho s e o f h i sfe l l o w s tudents , ' n i s
bro ther s a i dy es terda y , ' but tha t i s po o r ex cus e fo
rha zi ng . He i s 2 5 y ea rs o l d , mucho l der tha n a ny o f
the o ther s tudentsthere , a nd hi s ha bi t o f l i fe na tura l
l yma de hi m s o methi ng o f a rec l us e , Ii ma g i ne . '" '
Stua rt i s no t l a cki ng s o ci a bi l ity,' 'nis father said.
'He made manyfr i ends duri ng hi s s ho rt s ta y i n P o rtBy ro
n. I n Eng l a nd he w a s a bo ya mo ng bo y s , jo i ni ng i n
thei r a mus ements a nd pl a y ."' We ha v e n o t rece i v ed
>a l e t terfrom him in more than a week. Iex pected o ne to da
y . He ha d a l i t t l etro ubl e w hen he f i rs t w ent to the.
co l l eg e . To e bo y s there tre a ted hi na utra g epus l y .
They w ere ro ug h w i thh i m , but he bo re the i ns ul ts a s i
nc i -
tha t a s the co l l eg e y ea r a dv a nced thes pi r i t o f l
a w l es s nes s a t the co l l eg eha d s ubs i ded. '"C o l l et
t beca me w el l kno w n i nCentral New York after His arrivalhere
from Eng l a nd. He w a s o ne o fthe few men o n bo a rd the Ti ta
ni cw ho w ere s a v ed a nd upo n hi s a rr i v a l. i n Sy ra cus
e he w a s ea g erl y s o ug hta f ter fo r l ectures o n the di s
a s tera nd the s to ry o f h i s es ca pe."He s po ke i n St , P a
ul ' s a nd o therchurches i n thi s c i ty a nd l a ter a ddres s
ed a n a udi ence o f mo re tha n1 ,0 0 0 pers o ns a t the J ef
fers o n Thea tre i n A uburn, w here he w a s i nv i tedto s pea k
by Tho ma s M. Os bo rne a ndthe So ci a l Ethi cs C l a s s ."I t
w a s C o l l et t ' s i ntent i o n to enterR o ches ter Theo l o
tr i ca l Semi na ry a tthe co mpl et i o n o f h i s co urs e a t
D eni s o n . w here he w ent upo n the a dv i ce o f re l a t i v
es i n Eng l a nd. - Hes tudi ed i n Gl a s g o w tw o y ea rs befo
res o mi ng to A meri ca ."Gra nv i l l e . O. , J une 1 1 .
KentPfeiffer of. St. Paul, Minn., a juni ora t D eni s o n U ni v
ers i ty here , ha s beenthro w n o ut o f s cho o l fo r the res t
o fthe y ea r a nd o rdered fro m to w n, beca us e he ha s been fo
und g ui l ty o fl ea di ng s i x s tu dent ha s e rs w hobra nded
tua rt C o l l et t o n the fo rehea d w i th ni tra te o f s i l v
er , d i s f i g uring him for l ife. Pfeiffer refused to"t^ ii tha
n .m> . f f P e other five haz-
* . A W t Q N I W Y O R K > A u th o ri ty .C CHAP. fM.I N A
8T U ame n d th e c ou n ty l aw . tn V -tatlqfi no ( he printing
and distributionof fhe prooeedlngs of tha board of as-pervlaora in
oartaln countiesBecam e a law April 10. Ml. with the approval of
the Governor. Passed, three*fifth* belns present.The People of tha
State of New York,represented in Senate and Assembly, doenact aa
followa:Section 1. Section nineteen of chaptersixteen of the laws
of nineteen hundredand nine, entitled "An act in relation
tocounties , constituting chapter eleven otthe consolidated lawa,"
la hereby amended to read aa followa:I 1>. Println and
distribution of pro-ceedtnse of board. Each board of super-visors
shall cauae as many copies of theproceedings of its sess ion* aa It
maydeem necessary, certified by Us chairmanand clerk, to be printed
aa a countycharge, in a pamphlet volume, aa soon asmay be after
each sess ion, for exchangewith other boarda, and for the membersof
the board and other town and countyofficers . At least three copies
of suchprinted volume ahall be forwarded to andfiled In each town
clerk's office and In thecounty clerk's office. In counties
containing cities of the first a)ass and In countiescontaining
three ctttea of the third class ,the publication of the proceedings
of theboard of supervisors may be ordered tobe made in a dally
newspaper, the workto be done by contract, let to the lowestbidder,
after an opportunity to bid therefor has been given to the
proprietors ofall the' daily news papers printed in theEnglish
langua ge In said county; auch bidmay Include the printing and
binding Inpamphlet volumes of such number ofcopies of the
proceedings of such boardas may be required, and also the printing
of pamphlet copies thereof for theuse of the members of said board
at issess ion s. Such printed proceedings shallc on ta i n a s u
mmar y s ta te me n t o f a l l b i l l sagainst the county,
presented to the boardand audited and allowed or
disallowed,indicating the amount allowed or disall ow e d . Th e '
b oar d ot s u p e r v i s or s may asoften as It shall deem
necessary, cause tobe printed and distributed In l ike manner. In
the same volume'or otherwise, itscounty laws, combined with
suitableforms and Instructions thereunder. Whenever tha proceedings
of tha board of supervisors of any county are printsd to avolume by
authority of the board of supervisors , the volume so printed, and
dulycertified by the chairman and clerk of thasaid board of s
uperviso rs to- bea truerecord of such proceedings, shall bo
andconstitute the book of records of tha saidb oar d .
I 1 Th i s ac t s n a i l tak e e f fe c t i mme u l -ate l y
.State of New York. Office of the Secretary of State, aa.:1 have
compared tha preceding with theoriginal law en fi le In thin
office, and doh e r e b y c e r t i fy th at th e s ame I s a c or
r e c ttranscript therefrom and of the whole ofs a i d or i g i n a
l l aw . MI TC HELL. MA T;/ __ Se cretary of State.LA WS OF N EW Y
OR KBy A utho ri ty .CHAP. SK.A M A C T to ame n d th e c i v i l r
i gh ts l aw ,i n r e l a t i on to e q u al r i gh ts I n p l ac
es o tp u b l i c ac c ommod at i on an d p r ovi d i n gp e n al
ty for v i o l a t i on th e r e of .Became a law April 1L 1*1*
with the approval of the Governor. Passed , three-fiftha being
presentTh e P e op l e o f th e S tate o f N e w for k ,r e p r e s
e n te d I n S e n ate an d A s s e mb l y , d oe n ac t aa fe l l
ow s :Section L Section forty of chapter fourteen of the laws of
nineteen hundred andnine, entitled "An act relating to ctvilr i gh
ts , c on s t i tu t i n g c h ap te r s i x o f th a c e n -s e t
i d e te d l aw s ," l a h e r e b y ame n d e d tor e ad as fo l l
ow s :I eft Equa l rights la places of pubtte acc ommod at i on r e
s or t or amu s e me n t . A Hpersons within the Jurisdictioa of
(hisstate shall be entitled to the fun andequal acceenmodetlona,
advantages andprivileges of any place of public accommod at i on ,
r e s or t or amu s e me n t , s u b je c tonly to the conditions
and limitations ea>tabllshed by law and applicable alike toall
persons. No person, being the owner,leasee, proprietor, manages ,
superintendent, agant or employee of any such place,ahall directly
or indirectly refuse, withhold from or deny to any person any ofth
e ac c ommod at i on s , ad van tage s or p r i v i leges thereof,
or directly or Indirectlypublish, circulate. Issue, display, post
ormal l s h y w r i t te n or p r i n te d c ommu n i c ation,
notice or advertisement, to the eff e c t th at an y of th e ac c
ommod at i on s , ad vantages and privileges of any such placeshall
be refused, withheld from or deniedto any person on account of
race, creedor color, or that the patronage or customthereat, of any
parson belonging to orpurporting to be of any particular race,creed
or color Is unwelcome, objectionab l e or n ot ac c e p tab l e
> eslred or 'solicited.The production of any such written
orprinted communication, notice or advertisement, purporting relate
to any suchplace and to be made by any person beingthe owner,
lessee, proprietor, superintendent or manager thereof, ahall be
pres u m p t iv e e vi d en c e i n a n y - o r c r im i n a lac t
i on th at th a s ame w as au th or ts e u b ysuch person, . place
of public accommo*dation. resort or amusement within theme an i n g
of th i s ar t i c l e , sh a l l e d e e me cto Include any Inn.
teverr or hotelwhether conducted for tha entertainmentof t r an s i
e n t gu e s t s , or for f t ac c ommo-d tlon of those seeking
health, recreatloror e s t , an y r e s tau r an t e at i n g-h ou
s e , p u b lic conveyance on land or water, bathhouse,
barber-shop, theater and must'hall . Nothin g herein contained
ahall beconstrued to prohibit the mailing of *private communication
In writing sent 1*response to a specific written inquiry.
| X Section forty-one of said act to hereb y ame n d e d to r e
ad as fo l l ow s :I 4L Pens lty for violation. Any parserwho shall
violate any of the provis ions o*the foregoing eectlon. or who
shall ateor Incite the violation of any of said provis ions shall
for each and every violationthereof be l iable to a penalty of not
lest'than one hundred dollars nor more tbarfive hundred dollars ,
to be recovered bythe person aggrieved thereby, or by anyresident
of thts stats , to whom such person shall ass ign his cause of
action. Inany court of competent Jurisdiction In thecounty In
which-the plaintiff or tha defendant shell res ide; and shall ,
also, foie-ery such offense be deemed guilty of smisdemeanor, and
upon conviction thereof shall be fined net less than one hundred
dollars nor more than five hundreddollars , or snail be Imprisoned
not lee*th an th i r ty d ays n or mor e th an n l n e t fdays, or
both auch fine and imprisonment.I & This act ahall ta k* effect
Septembetfirst nineteen hundred and thirteen.sHate of New Tork.
Office of the Secretar y o f Bu te , as . :1 h a v c omp ar e d th
e p r e c e d in g w i th th eoriginal law on fi le In this office,
and dahereby certify tha t the asms Is a correcttranscript
therefrom and of the whole c*stud original law. MI TC HELL MA
T.Secretary of State.
to state finances , constituting chapter fif-ty-s ix of tha
consolidated Ikws." is hereby amended to read as followa:| a. C
harges on the canal fund. Allinoosya expended In the construction,
repair or Improvement of the canale nowauthorised by law. or
allowed or expend-d by the commissioners of the canalfund, or the
superintendent of publicworks or other officer or ass istant
era-ployed on such canals pursuant to law,with the com pensation of
such, officers respectively. Including the salary of the
su-perlntendent of public works, ahall becharged to the canal fund
unless otherwise expressly provided by law. Thecomptroller shall
also charge to such fundtrom time to time so much for the services
of the clerks in his office, devoted tothe accounta and revenues of
the canals ,as In his opinion is Just, and he is herebyauthorized
in hla dtacretlon to tranaferfioni time to time auch amounts of
theaurp" of canal fund to the general fundaa rruty not he needed to
meet the expenses incident to the maintenance andrepair of canals
.$ 2. This act shall take effect Immediately.8tate of New York,
Office of the Secretary of State, ss .:I have compared the
preceding with theoriginal law on fi le in this office, and
dohereby certify thet the same Is a correcttranscript therefrom and
of the whole ofsrjd original law. MI TC HELL MA T.Secretary of
State.LA WS OF N EW Y OR K y A utho ri ty.CHAP. 2SS.AN ACT In
relation to the board of trustees of foreign parishes of the
Protestant Episcopal Church in tha UnitedStates of America.Becam e
a law April 11, 191 J. with the approval of the Governor. Passed ,
three-fifths being present.The People of the State of New
Tor*,repreaented in Senate and Assembly, doe n ac t as fo l l ow s
:Section 1. The majority duly convenedof the trustees of the body
corporatecreated by chapter two hundred and fifty-seven of the laws
of eighteen hundred andeighty-three, under the name and title
of"The Board of Trustees of Foreign Parishes of the Protestant
Episcopal ChurchIn ths United States of America." or. Uleas thsn a
majo rity survive,' the survivors Sr the survivor of ss
ld~ooaTa"~oTtrustees , when duly convened, shall havepower to fi l
l any vacancy or vacancieswhich may be created In the number of a i
d tr u s te e s b y d e ath , r e s i gn at i on s or
be , s u e s b y- l e e r s , r j l e e s ad r e gu l at i on
sahall be binding upon all commissionedofficers and enlisted men
therein; but theymay be altered In the manner providedfor their
adoption from time to time ass iay be found necessary, provided,
how-tver, that the eesential provialons herein-abovM set forth
shall In no case be om itted trr qualified. Every asso ciation
already formed which haa not adopted bylaws under the regulations
snd limitations hereinabove eet forth; and tv*ry as sociation
heretofore formed which hassdopted by-lews that do not contain
theessential requirements hereinabove setforth, shelf adopt revised
by-laws containing such requirements and submit thetame for
approval to their reapectlvecommanding officera aa above set
forth.A squadron of cavalry which has formeden association under
this section shall ,upon* becoming part of a regim ent, hav ethe
right upon the application of a majority of the members of the
field sndJ staff or non-commissioned staff or hospital corps or
troop or troope of the sameregiment permanently quartered In
thearmory of that squadron to extend themembership of auch
association by a majority vote of its members so aa to embrace such
members of such field andstaff or non-commlssloned staff or
hospital corps or troop or troops, who shallwhen such extensions
are made and whileso quartered become and be members ofsuch
association for all purposes .I 1 This set shall take effect
Immediately.State of New Tork, Office of tha Secretary of State, ss
.:I have compared the preceding with th eoriginal law on fi le In
this office, and dohereby certify that the same Is a
correcttranscript therefrom and of the whole ofsaid original law. M
I T C H E L L M A T .S e c r e tar y of S tate
11 Th i s ac t s h a l l tak e e f fe s t I mme d i ate l y
.State of New Tork, OfiSca of ths ssre-tary of State, as .:I have
compared the preceding with thairiglnsl law on fi le In this
office, and doHereby certify that the same is a correcttranscript
therefrom and ot the whole ofsaid original law. MI TC HELL MA Y .S
e c r e tar y of S tate
LAWS OP NCW YORKBy A uthority. | rights to lands or the use of
lanC HA P . 81 .SN ACT to establish a atate board of estimate and
to prescribe Its powers andduties .Became a law April 14, 19U. with
theI approval of tha Governor. Passed, three-(Ifthe being
pxeaent.
* r s . A l l w ere ma s ked. They a w i t' becaus e Collett.
would not mix wi tho ther s tudents . C o l l et t i s 2 5 . a ndra
me o v er fro m the Bri t i s h I s l es o nthe Ti ta ni c , s urv
i v i ng tha t ca ta s tro phe. He fro merl y l tv ed a t P ert By
r o n , N . Y . , w i th re l a t i v es .
LA WS OF N EW Y OR KBy A utho ri tyC HA P - *7'AN ACT to amend
the atete finance law.tit'relation to the powers snd duties olthe
atate comptroller. .Became a law April 11. I fO- with the Approval
of the Governor. P assed, nree-fifths being present.The People of
the State of New Tork.."Tepreeented In SSWSUJ sa d Aasom hly.
jflfle n ac t as fo l l ow s : " Section I . flectJee s lxty^hree
of chaste*fifty-eight of the isws ef nineteen ben-ered and nine,
entitled "Aa act is relation
son shall be eligible to succeed to theToTflee of such trustee
who is not a commun i c an t me mb e r of s a i d P r ote s tan t
Ep i s c opal Church. 1 Fr om time to tim e the said boardof
trustees shall have power to increasethe number of trustees to
nine.11 . This act shall take offset Immediately.State of New Tork,
Office of the Secretar y o f S tate , s s . :I have compared the
preceding with theoriginal law on fi le In this office, and
dohereby certify that ths same Is a correcttranscript therefrom and
of the whole oilsaid original law. M I T C H E L L M A T ,S e c r e
tar y aof State.LA WS OP N EW Y OR KBy A utho rity .CHAP. 27LAN ACT
to amend the military law. In rel a t i on to u n i for msBecame a
law April U. 1113. with tbapproval of the Governor. Passe d,
three-fifths being present.The People of tha Stete of New
Tork,repreaented In Sonata and Assembly, doe n ac t as fo l l ow s
:Section 1. Section one hundred and s ixty -e i gh t o f c h ap te
r for ty-on e of th s l aw *ot nineteen hundred and nine,
entitled"An act in relation to ths militia, cons t i tu t i n g c h
ap te r th l r ty- s l fo f th e c on s o l i d ate d l aw s ." as
ame n d e d b y c h ap te r s i x ty-seven of the lawa of nineteen
hundredand twelve, is hereby amended to road asfo l l ow s :11s t .
r u l t -d r e as u n i form. A n y c omman dmay, with the consent
of the governor,adopt a full-dress uniform of Its own sndat I t s
ow n e xpe n s e . To s u c h c omman ds u c h p or t i on s o f th
s s ta te u n i for m mayb e I s s u ed as th e gove r n or may d i
r e c t Asquadron of cavalry which has adopted afull-dress uniform
of its own under thissection shall have the right to continue
itsuse upon becoming part of a regiment andany additional troop or
troops of the sameregiment that may be permanently quartered In the
armory of such squad ron shallwith the consent of the commanding
officers of the regiment snd .squadron havetha right to adopt the
same full-dress uniform for such time aa they are so quartered.I 2.
This act ahall take effect immediate l y .8tete of New York. Office
of the Secretar y o f S tate , s s . : 'I have compered the
preceding with theoriginal law on fi le In this office, and
dohereby certify that the same is a correcttranscript therefrom and
ot the whole ofsaid original law. MI TC HELL MA T.S e c r e tar y
of S tateLAWS OF NCW YORKBy Authority.CHAP. tfS.AN ACT to amend the
military law. Inrelation to the formation of associationsby
equadrona and troops.Becam e a law April 11. 1913, with th
'approval of tbe Governor. Passe d, three*fifths being present.The.
People of the State of New York,repreaented in Senate and Assembly,
doe n ac t aa fo l l ow s :Section 1. Section two hundred and
fif-ty-two of chapter forty-one of the lawsof nineteen hundred snd
nine, entitled"An act in relation to tbe militia, constituting cha
pter thirty-s ix* of the consolidated laws." ss emended by chapter
threehundred snd eleven ef the laws of nineteen hundred and nine
and by ehaptetone hundred snd four of the laws of nineteen hundred
and eleven, is hereby amended to read aa follows:I SS. Formation of
association: by-laws.Ths officers of any regiment or battalionor
squadron not a part of a regiment, theofficers of the corps of
engineers servingwith tbe engineer troops, and the officersef the
coaet artil lery corpe aerving In thesame artil lery district, and
the membersof any squadron, troop, battery, company,divis ion,
company of s ignal corps, fieldhospital, ambulancs company or
detachme n t o f h os p i ta l c or p s , may or gan i s
ethemselves Into an association of whichtha commanding officer
shall be president,provided, howeYefT that such associationshall by
an_ sffirms tlve v ote of two-third*of all their members adopt
by-laws, rulesand regulations not Inconsistent with thischapter,
and which shall conform to thesystem prescribed in general
regulations,snd be submitted to the majors-general otthe commanding
officer of the naval milit i a , as th e c as e .may b e . for h i
s ap p r oval :and which by-laws shall provide that thetreasurer of
such association shall furnishproper security tor the faithful
perforro-snee of hie duties: that all funds of to*association shall
be kept In a bank ofdeposit In s separate account in the nameof th
e as s oc i at i on : th at c h e c k s u p os s u c hfunds shall
be s ign ed both by. the treasurer and the commanding officer of
suchas s oc i at i on : an d th at th e b ook s an d ac counts of
such association shall at alltimes be open to the Inspection of
sn>officio I whose duty it Is to Ins pect ththe major-general or
the eecnmsn/llng offic e r o t th s n aval mi l i t i a , as th e e
s s e may
L A W S O F N C W Y O R K B y A u t h o r i t y .CHAP. 274.AN
ACT to amend chapter one hundredand s ixty of the laws of nineteen
hundred and twelve, entitled "An act providing for tbe erection of
a boathousc' shelters , wharves and retaining walls atthe city of
Buffalo, for the third divis ion of the third battalion of the
navalmilitia, upon lands of the state In th* t
LAWS OF NCW YORKBy Authority.CHAP. 277AN ACT to amend the cede
of civil procedure, in relation to service of petitionin summary
proceedings.Becam e a law April 14 1913. with theapproval of the
Governor. Pass ed, three-Ifths being present.The People of the
8tate of New Tork.represented In Senate snd Assembly, doe n ac t as
fo l l ow s :Section 1. Section twenty-two hundredand forty of the
code of civil procedure ishereby amended to read as followa:I 2140.
Idem; how served. The preceptmust be served ss fo llows:1. By
delivering, to the person to whomIt is directed, or, I f it is
directed to a corporation, to an officer of the corporation,upon
whom a summona, issued out of thesupreme court in an action againat
thecorporation, might be served, a copy ofthe precept, together
with a copy of thepetition, and at the aame time showinghim the
original precept.i I f the person, to whom the precept Isdirected,
res ides in the city or town Inwhich tha property is sUuated, b ut
is sb -sent from bis dwelling-house, service maybe made by
delivering a copy thereof, together with a copy of the petition, at
hisdwelling-house, to- a person of suit ableage and discretion, wbo
resides there; or.If no such person can. with reasonablediligence,
be found there, upon whom tomake service, then by delivering a
copyof the precept and petition, at the property sought to be
recovered, either tosome person of suitable age and discretion
residing there, or if no such personcan be found there, to any
person of suitable age and discretion employed there.t. Where
service cannot, with reasonablediligence, be made, as prescribed in
eitherot tbe foregoing subdivis ions of this section, by affixing a
copy of tha precept andpetition upon a conspicuous pert of
thsproperty.If the precept is returnable on the day
( oitlonal main tracks or for brani Inge, switches , or
turn-outs orj sections or for cutoffs or for j ir s traightening or
Improving t. trade of its road or any par: Also where it shall
require ani rights to lands or the use of The People of the State
of New York, > ti l l ing any structures of its rorepreaeated In
Senate and Assembly, doe n ac t as fo l l ow s :Section 1. There
shall be and there tshereby constituted and established a
statejonstructing, widening or compof its embankments or road^neans
of which greater safety nenry may be secured, and board of e stima
te w hich shall be com - j shall he contiguous to such raposed of
nine members, to wit: The gover- reasonably acce ss iblenor, the l
ieutenant- governor, the presidentpro tempore of the senate, tha
chairman|f the finance committee of the senate,t'ne speaker of the
ass embly, the chair-man of the ways and means committee ofthe
assembly, the comptroller, the atior-
4. Where It shall require aright to lands or to the use ofihe
flow of water occasioned hymhatiAments or strucmre* nonr hereafter
rendered necessarany other purpose necessary forney-geo ersl and
the commiss ioner of effl- . ation of such railroad, or for
anciency and econom y The board shall \ take and convey water from
a
en which it is issued', ft muat be servedSt least two hours
before the hour atwhich It Is returnable; tn every other case,H mu
s t b e s e r ve d at l e as t tw o d ays b e for ethe day on which
It is returnable.I Z Th i s ac t s h a l l tak e a f fe c t S e p
te mb e rfirst, nineteen hundred and thirteen.State of New Tork.
Office of the Secretar y o t S tate , s s . :I hare-c ompare d "the
preceding with- theoriginal law on fi le In this office, and
dohereby certify that the same is a correcttranscript therefrom snd
of the whole ofsaid original law. M I T C H E L L M A T .Secretary
of State.
LAWS OF NCW YORKBy Authority.C HA P . tn.AN ACT to amend the
code of civil procedure, in relation to depositions tskens n d to b
e u s e d w i th i n th e s ta teBecam e a law April 14, lxU. with
th eapproval of the Governor. Pass ed, three-fifths being
present.The People of the State of New Tork.represented in Senate
and Assembly, doe n ac t as fo l l ow s :Section 1. Subdivis ion
seven of sectione i gh t h u n d r e d an d s e ve n ty- tw o of th
e c od eof civil procedure 1a heresy amende d tor e e d as fo l l
ow s : -7 . A n y oth s r fac t n e c e s s ar y to s h ow th attbe
case cornea within one of the two laatsections. And if the party
sought to beexamined is a corporation. Joint-stock orother
unincorporated tssedatlon, the affidavit shall s tate the hams ot
the officers ,directors , or managing agents thereof, orany of them
whose testimony is necessaryand material, or the books and papers
asto tbe oontente of which nn examinationor inspection is desired,
and the order tobo made in respect thereto shsll direct
thsexamination of such persons and tbe production ot such books and
papers , and onsuch examination ths books or papers , orany part or
parts thereof, may be offeredand received In evidence in addition
to theuse thereof by tbe srHness to refresh hisme mor y .I 1 This
set shall take effect Septemberfirst, nineteen hundred and
thirteen.State ot New York. Office of the Secretary of State, ss
.:I have compared the preceding with theoriginal lew oa fi le la
thts office, and dohereby certify that the sam e la e correct
transcript therefrom and of the whole ofsaid original law. MI TC
HELI - MA T.Secretary of State.
meet and organise within ten days afterthis act shall take
effect. The governorlhall be the president of the board andthe
commissioner of efficiency and economy shall be its secretary. The
secretary(hall keep the minutes of each meeting ofi he board and
shall record them in a minute book to be kept for that purpose. T
heminutes of the board shall be a public record and shall be at all
times open to public inspection.I 1 The said board shall annually,
on orbefore the first day of January tn eachyear, meet and prepare
an estimate for abudget of the amounts required to be appropriated
by the legis lature for the conduct of the public business of the
state Inall I ts offices , Institutions and departmentsfor the
fiscal year next ensuing. Such estimate shall be prepared in such
detail , assaid board shall deem sufficient to sdvlsethe legis
lature, as to the aggregate sumand the Items thereof estimated to
be necessary for the maintenance of each office,institution and
department in the state forsuch fiscal year,. Before finally
makingup such estimate, the state board of estimate shall have
power, and it is herebymade Its duty, to examine into ail requests
for appropriations made by each'officer, institution and department
of ther.tate, and it may hold auch public hearings aa ahall In ita
Judgment be advantageous for such purpose. When said estimate shall
be made up, it shall be transmitted to the legis lature with such
recom-mendations, reasons and explanationswith regard theret* as
shall be deter-mlned by said board.I 1 Wi th i n s i x ty d ays an
d n ot l e s s th anthirty days before the beginning of eachfiscal
year, each officer, institution anddepartment of the state, for the
support.am * mi i n tw u i w i o f w h i c h ap p r op r i at i on
s
pond, creek or river to such rathe uses and purposes thereowith
the right to build or lay or pipes for the purpose of convwater,
and to take ip, relay athe same, or for any right oquired for
carrying sway or divwater, s tream or floods from rond for the
purpose of proroad or for the purpose of prevembankment, excav
ation or sts u e ! 1 railroad from injuring thof anv person *ho may
be rendto injury thereby.Waters- commonly used for agricultural or
manufacturing shall not be taken by condemsuch an extent as to
injuriouslwith such use in future. No raporation shall have the
right by condemnation any right orIn or to arTy-feaPproperty
ownepied by any other railroad cexcept the right to intersect
ortracks and lands owned or heMof way by such other corporatout
appropriating or affecting owned or held for depots or graWhenever
any real property Iby any steam surface railroadtion, the l ines of
which withinare s ituated wholly within a cone mill ion inhabitants
, for thmentioned in this aection, it condition precedent to the
brinheretofore brought, to the concondemnation proceedings by Toad
corporation tp acquire property that it procure the th e p u b l i
c s e r v i c e c ommi s s i onrisdiction of the district
withinland is s ituated, to acquire sucherty, and unless such
consent isprocured the said property scondemned. - The la st
precedinme n t s h a l l ap p l y to all proceedi n g at th e t i
me th i s ame n d m
of money are made by law, shall presentto and fi le with the
secretary of said- -board-oX estimale, upon forms prescribedb y s a
i d b oar d, a d e ta i l e l Tte te me n TTn r al l - l fe f t s c
tmoneys which said officer, institution ordepartment deems it
necessary to haveappropriated by law for the support andmaintenance
of said officer, institutionand department for the fiscal year
forwhich said appropriations are asked, together with such reasons
and explanations, with regard thereto as the said officer.
Institution or department msy desireto present The ss ld board
shall; in connection with its estimate, transmit allsuch statem
ents , or copies thereof, to the ] -:-l e g i s la tu r e . Th e s
a i d b oar d s h al l e xami n e , LA W 8 OF N C W Y OR K By a l l
s a i d s ta te me n ts an d a i l r e q u e s t s for ; , C HA P .
291appropriations presented to It and sha ll AN ACT to amend the
Insuraafford to the several officers . Institutions relation to the
incorporation an d d e p ar tme n ts o f th e s ta te p r e s e n t
i n g , s u r an c e cor p or at i on ssuch sta temen ts aad making
such re- | Became a law April it. 191quests , reasonable
opportunity for expla- approval of the Governor. Pas
| 1 Thia act ahall take afdiatelyState of New Fork. Office of
tary of State, ss .: I have compared the precedinoriginal law on fi
le In this offihereby certify that the' same ltranscript therefrom
and of thesaid original law. MI TC HELL e S e c r e tar y
nation tn regard thereto and, whenevernecessary, shall grant to
such officer, institution or department a hearing thereon.I 4.* Tbe
said board, in making up theestimate to be transmitted by it aa
aforesaid to the legis lature, ahall , in connectiontherewith, and
as a part thereof, make ane s t i mate o t a l l mon e ys r e q u i
r e d to b e
fifths being presentTh e P e op le o f th e S tate o f
represented in Senate and Ase n ac t as fo l l ow s :Section L
Section, one hundrof chapter thirty-three of thnineteen hundred and
nine, enact In relation to Insurance eraised or appropriated for
the paym ent of constituting cha pter twenty- eInterest upo n the
funded deb ts of tbe j consolidated laws," ss amendeatate and tta
other obligations bearing in-j ter one hundred and s ixty-eit e r c
e t an d s h al l a l s o mak e an e s t i mate o f j i ,WB Q{
nineteen hundred anothe several sums of money required to be :
chapter o n; hundred and tv ej contributed In said fiscal year to
tbe sev - j the laws of nineteen hundred eral s inking funds
maintained for tbe re -* |S hereby emended to read ma fodemotion
and payment of the debts of the ' | i iO. Incorporation.
Thirteestate. For the purpose of such estimates , I persons may
become a corpo
tha call or the governor, the chief of thecouncil or a majority
of the rssm aers efthe council .
LAWS OF NCW YORKBy Authority.CHAP? J7t.AN ACT to amend the code
of civil procedure, in relation to personal service ofs u mmon s
.Becam e a law April 14, 1913. with tbeapproval of the Governor. Pa
ssed, three-fifths -being present.The People of the Stste of New
Tork.represented in Senate and Assembly, doe n ac t as fo l l ow
a:Section 1. Subdivis ion one of section fourhundred and twenty-s
ix of the code ofcivil procedure is hereby amended to readaa fo l l
ow s :f itt. Personal service of the summonsupon a defendant, being
a natural person,must be made by delivering a copy thereof, within
the stste. as follows:1. If the defendant is an infant, underthe
age of fourteen years , to his father,mother or guardian: or. if
there is nonewithin the state.,to the person having thecare and
control- of him.- or with who mhe resides , on in whose service he
is employed. I t the defendant ts sn Infant overtbe age of fourteen
"years , to tbe Infantin person, and also to his father, motheror
guardian: or. I f there is none withinthe state, to the person
having the careand control of him. or with whom he res ides , or in
whose service he Is employed.Where the defendant Is an infant
underthe age of fourteen years , the court shall ,tn the
defendant's Interest, make an order, requiring a copy of the
summons tobe also delivered. In behalf of the defendant, to a
person designated in the order,snd that service of the summons
shall notbe deemed complete until I t Is so delivered. Wher e the
defendant is an infantover the age'of fourteen yeare a s
imilarorder may be made by the court in itsdiscretion, with or
without applicationtherefor.
f 2. Section four hundred snd twenty-seven of the code of clvl!
procedure Ishereby amended to read ss follows:| 427. If the court
has in its opinion,reset tab le ground to believe that the
defendant, by reason of habitual drunkenness , or for any other
cs:se. is mentallyIncapable adequately to protect his rights
.although not Judlctallv declared o be incompetent to manage hla
*ntr*. thecourt ma y. In Ha discretion, with or without an
appUcation therefor, and in thedefendant's Interest, mshe an order,
requiring a copy ef the mmmo rs to be alsodelivered, in behalf of
the **'' d* n * *person designated In the order * " *"ser vice of
tn"e *Tm.mor.s shell n ot be7SS* complete ,. fr* " Wlvered.
the comptroller of-the atate la hereby required to furnish to
the said board, a detailed statement of tbe moneys which hedeems
necessary for such purposes .I 6. tn connection with and as a part
of
the purpose of making insudwelling houses , s tores and
albuildings snd household furnoth e r p r op e r ty aga i n s t l
os s oIncluding loss of use or occthe said estima te to be
presented by said ! fjre^ lightning, windstorm, toboard to the
legis lature, the said board | clone, earthqu ake, hail , froat
shall make an estimate of the revenues of j an ( j by explosion
whether firethe state expe eted to be received during i not. except
explosion on risks said fiscal year and shall ma ke such rec- J
subdivis ion seven of section ommendstions with regard thereto as
It > this chapter, and also againshall deem appropriate for the
disposition j damage by w ater to any g oodof said revenues. The
said board sh all ; [M( ar i s i n g fr om th e b r e ak agealso,
in connection with and as a part of | 0 ; sprinklers , pumps or
othesaid estimate, ascertain and report theamounts of all
unexpended balances under appropriations theretofore made byl aw an
d ah al l mak e s u c h r e c omme n d ations to tbe legis lature
as it deems appropriate for the disposition thereof.I C Th i s s e
t s h a l l tak e e f fe c t i mme diately.State of New Tork.
Office of tbe" Secretar y o f S tate , s s . :
erected for extinguishing fires , ter pipes , and against
accideto such sprinklers , pumps or r atu s , an d u p on ve s s e
l s , b oagoods, merchandise, freights property against loss or
damaany of tbe risks of Iske. riverinland navigation and transpwell
as by any or all of Jhe risin section one hundred and fI have
compared the preceding with the! chapter. Including insura nces
original law on fi le In this office, and-dohereby certify that the
same is a correcttranscript therefrom end of the whole ofsaid
original law. MI TC HELU MA T.Secretary of State.
L A W 8 O F N C W Y O R K B y A u t h o r i t y .C HA P . AN ACT
to smend the railroad law. tn re- : jury to the perso n, and to
effe
mob l l e s . w h e th e r s ta t i on ar y oerated under their
own power, include all or any of the haxaexplosion, transportation,
coll islegel l iability for damage to psultl-.g from the
maintenance automobr.es . and loss by btheft or both, but shall not
Incance against loss by reason oflation to t he acquis ition of
title to real ] sneep of any risks taken by It property. . j the
office of the superintende nBecame a law April lfi . 1913. with the
j ance a declaration s igned by aapproval of the Governor. Passed ,
thcee-j of their intention to form a fifths being present. for the
purpose of transactingThe People of the Stste of New T ork. ness of
making any or all of represented in Sen ate and Assembly , do ,
ances . which shall comprise a ' enact ss follows: t charter
proposed to be adopteSection 1. Section seventeen of chapter
setting forth the name of the ctour hundred and eighty-one of the
laws , the place of location of its of nineteen hundred and ten,
entitled "An / mode in which Its corporate poset in relation to
ratlroads. constituting J be crercised and its directorschapter
forty-nine of the consolidated
V l T his set shall 'ake effect Septemberfirst nineteen h' ' ',
Jred aT ,d thirteen.Office of the Secre-
laws." la hereby amended to read as foll ow smajority of whom
shall be citfsstate, and If a stock corpoowner in his own right of
atI 1?. Acquis ition of title to rel propertv; ; hundred dollars of
the stock ofration at its par value, the m odvacancies in the
office of directriod for the commencement antion of its fiscal year
and the
additions, betterment* and facil ities . Allreal property
required by any railroad corporation for the purpose of its tncor-
Ipore tlon or for a ny purpose stated in this ;chapter sha ll be
deem ed to be required [ capital to be employed in the for a
public-use. and may be acquired, by i of its bu siness: provided
that such corporation. I f the corporation is i tlon Including in'
H charter a punable to agree for tbe purchase of any I assume an y
of the risks of ocesuch real property, or of any right inter- j
insurance ss specified tn sectionest or easeme nt therein, required
for any dred and fifty of-ti i is chapter msuch purpose, o r if the
owner thereof ( capital, paid l:i in cash, of at shsll be incapable
of sell ing the same, or hundred thousand dollarsIf after d il
igent sea rch snd inquiry the i No such declaration shall be nsme
and r esidence of any such owner; the persons s igning the same
cannot be ascertained, it sha;i have the previously published for
at least right to a cquire title thereto h>" condern- i success
ively a notice of th eir Ination. Ever y railroad corporation,
shsll form such a corporation in a puhave the power trom time to
Hme to make } pap 'n the county where its oand use upon or in
connection with any be located.railroad either owned or operated by
it.! Ker> *uch corporation shall such additions, betterments and
facil ities 1 as. a rire insurance corporation.ss may be necessary
or convenient for the : cv-poretion shall directly o r.better
management maintenance-or oper- ,
