3i8





RECORD   AND   GUIDE





February i8, 1911.





LEGISLATIVE DIGEST.    _

The following are excerpts of the min¬
utes of meetings of the Law Committee of
the Allied Real Estate Interests relative
to bills introduced in Albany, N. Y., af¬
fecting real estate:

TO AMEND DECEDENT Estate Law.—
Assembly. Introductory No. 104, Printed
No. 196. Mr. Wende's bill to amend the
Decedent Estate Law in relation to the
manner of execution of a will. This bill
requires in addition to the formalities now
in force that the decedent and witnesses
shall sign each separate sheet in executing
a will. This bill was opposed last year.
The reasons for opposition still continue.
"V^'hile careful draughtsmen may adopt
this expedient, there are many people who
do not, and to have such a requirement
in the State of New York when it is not
the law in other States, will lead to end¬
less confusion in cases where wills af¬
fecting New York real estate are drawn
by lawyers of other States. In most cases
where people draw their own wills, they
will be ignorant of this provision and
their intention will be defeated. When
wills have been recorded, it will probably
be difficult to tell from the record whether
each sheet was so signed. The bill should
be opposed.

TO INCREASE OFFICE PIOURS in the
Register's and County Clerk's Office.—
Assembly, Introductory No. 205, Printed
No. 206. Mr. Murray's bill to amend the
County Law increasing the office hours of
the Register's and County Clerk's ofiices
in New York, Kings and Queens Counties
from four to flve o'clock in all months ex¬
cept July and August and from two to
three o'clock in those months, except that
the last hour thus added shall not be used
for filing papers. To lengthen the hours
will thus increase the efficiency of the
offices concerned, especially in the Regis¬
ter's and County Clerk's offices will it be
possible to make continuation searches
after the day for receipt of instruments
has been closed. The bill was favored by
this Association last year and should be
favored this year,

TO ABOLISH Second and Third Trials.
—Assembly, Introductory No, 121, Printed
No. 122. Mr. Blauvelfs bill to amend the
Code of Civil Procedure by abolishing the
second and third trials in ejectment. This
is the same as Senate bill 47 which has
been approved.

TO REPEAL LAW Requiring Addresses
in Conveyances,-Senate, Introductory No.
161, Printed No. 164. Mr. Payne's bfll to
repeal the requirements that addresses
shall be included in all conveyances and
validating the records of instruments
which might be questioned for failure to
comply with the present Section 333 of
the Real Property Law. This is the bill
prepared by the Law Committee and in¬
troduced at the request of the Associa¬
tion, Active measures should be taken
to forward its passage,

TO AMEND DECEDENT ESTATE Law.
—Assembly. Introductory No. 246, Printed
No. 248. Mr. A. Parker's bill to amend
generally the Decedent Estate Law. The
bill changes the course of descent and
distribution by giving to the surviving
husband or wife one-hall of the property
and one-half to descendant's parents or
collaterhls and in other respects changes
the present course of descent and distri¬
bution. There is nothing in the bill which
expressly repeals dower and courtesy and
it would seem that husbands and wives
■will get one-half the property in addition
to dower and courtesy. In general, it
seems to be undesirable to change the
course of descent and distribution with
which we are familiar. They have been
adopted and used for many years as car¬
rying out what would probably be the in¬
tent of most persons dying leaving prop¬
erty.

STATE   INCOME   TAX.—Senate,   Intro¬
ductory   No,   19S,   Printed   No.   202,     Mr.





Grady's bfll for a State income tax. This
bill seeks to set up a system of taxation
of incomes for this State. There is no
such taxation in other States. The tax
can be evaded at any time by changing
residence. Such taxation is unscientific
and unadvisable. A tax so easily evaded
by mere change of residence when other
States do not make similar imposts, re¬
sults merely in diminishing the voting
population by taking out of it desirable
voters. All special enactments of tax¬
ation which can be evaded by change of
residence of this sort are a menace to the
community because they reduce the gen¬
eral level of the voting population and do
not produce the expected revenue.

EXCESS CONDEMNATION. — Senate.
Introductory No. 202, Printed No, 351,
Assemblj', Introductory No, 340, Printed
No. 341. Concurrent resolution introduced
by Messrs. Pollock and McGrath propos¬
ing amendment to the Constitution by
adding provision for excess condemnation.
This should be referred to the directors
for action. If the resolution is passed this
year, it comes up at the election next fall,
BILL TO ANNEX YONKERS.—Senate,
Introductory No. 203, Printed No. 207.
Mr. Stillwell's bill to annex Yonkers to
the City of New York. The bill provides
for a referendum in the City of Yonkers
but apparently provides no vote by the
City of New York. The matter is of im¬
portance to the Inhabitants of New York
City and they should be ha^rd upon the
subject. The bill provides that if the
vote in the City of Yonkers should be
against annexation, the act shall be in¬
operative and void. Your committee is of
opinion that such a provision is uncon¬
stitutional. It is the duty of the Legis¬
lature to enact legislation and a referen¬
dum cannot annul acts of the Legislature
in this State.

CONDEMNATION PROCEEDINGS to
be heard by Court.—Senate, Introductory
No. 204, Printed No, 208. Assembly, In¬
troductory No. 291. Printed No. 292. Mr,
Bayne's and Mr. Ward's concurrent reso¬
lution providing for amendment to the
Constitution to the effect that condemna¬
tion proceedings may be heard by the
Court with or without a jury. If this
amendment be adopted, it may be a relief
from the present method of condemnation
by three commissioners. It was approved
last year and the reasons for such ap¬
proval still continue.

TO AMEND PUBLIC HEALTH LAW
in relation to repapering rooms.—Assem¬
bly, Introductory No. 276, Printed No. 278.
Mr. Wende's bill to amen^ the Public
Health Law, requiring that when rooms
are repapered or rekalsomined, all old
paper and kalsomlne shall be removed and
the wall or ceiling thoroughly cleaned and
attaching a penalty of $100 and liability
tn punishment for misdemeanor by im¬
prisonment for not more than six months
or by a fine or not more than $500, or
both. It is improper that detailed regu¬
lations of this sort which belong in health
codes and should be enforced by local
boards of health, should be enacted in the
statutes. It is advised that this bill
be opposed,

SEDGWICK AVENUE Assessment.—
Assembly. Introductory No, 2S4. Printed
No. 285. Senate, Introductory No, 190,
Printed No. 194. Mr, Egan's and Mr.
Griffin's bill authorizing the Board of Es¬
timate and Apportionment to direct that
the cost of opening, extending and widen¬
ing Sedgwick av, in the Borough of the
Bronx, shall be borne and paid by the
City of New York, notwithstanding the
provisions of Chapter 466 of the Laws of
1901. This legislation is of the character
of legislation heretofore consistently op¬
posed by the Association. It seeks to im¬
pose upon the city generally, the cost of
an improvement which had been made
upon the understanding that it was to be
assessed.

TO   AMEND   CODE   OF   CIVIL   PRO¬





CEDURE,  so that Attorney  General may
have   proper   information   in   private   real
estate   action.—Senate   bills,   Introductory
and  Printed  Nos.  80,   SI  and 82,  and In¬
troductory No, 175, Printed No. 179.    As¬
sembly,   Introductory   Nos,   91,  92  and  93
and   184,   Printed   Nos.   353,   351,- 352   and
185.    This is the series of bills which came
up  at the   meeting  of January 23.     Your
committee then thought that by reason of
the fact that the bills were desired by the
Attorney General for the purpose of mak¬
ing good   work  of  his   department   easier,
it  would  be  well  to recommend   their en¬
actment, but your committee recommend¬
ed   amendments   to   make   the   bills   more
certain in their operation.    The bflls have
been reprinted without these amendments
and   it   is   understood   that   the   Attorney
General does not desire to adopt the sug¬
gestion of this committee.     In  the mean¬
time,   the   matter   has   been   reconsidered
and at this meeting at which there was a
fuller attendance  than   at  the meeting of
January  23,   the  argument  was advanced
that to pass these bills puts upon attor¬
neys   conducting   litigation   burden    and
risk   much   greater   than   would   be   com¬
pensated   by   the   saving   of   labor   in   the
work  of  the office   of  the  Attorney   Gen¬
eral, especially as under the forms of the
bills   as   they   stand,   it   is   not   certain
whether the  interest  of  the  State cut off
by the operation of suits in which the al¬
legations required in  these bills might be
made,  would  be only  the interest alleged
or whatever interest the State might have.
These   considerations   prevailed   and   your
committee now recommends  that all four
bills be opposed in both Houses.





East   Tremonl Taxpayers.

The East Tremont Taxpayers' Associa¬
tion will hold their annual banquet at
the Bronx Park Boat House, Boston rd
and 182d st, February 2Sth, 1911, at 8
p. m. The officers and members de¬
cided to have the ladies at this banquet,
to bring the members as well as their
wives and sweethearts in closer touch
with the good work of the association.
The following prominent speakers are in¬
vited: Bronx Borough President Miller,
Ex-Senator George M. S. Schultz, Con¬
gressman Goulden, Comptroller Matthe-
son, Mr. Press, President of the Schnorer
Club. Senator Griffin, Public Service Com¬
missioner Eustic, Park Commissioner Hig¬
gins and several other noted men. Those
desiring to attend should get tickets at
least a week in advance from one of the
committee given below, so that proper
arrangements can be made. The "boat-
house" is a cosey spot for a banquet, and
nothing has been left undone to make
the affair a success. The committee is:
Charles A. Schrag, 2135 Southern Boule¬
vard. John A. Steinmetz, 1009 East ISOth
st, Henry Mahnken, 871 East 181st st,
Charles Forbach,  30S6  Decatur av.

Realty League Election.

A meeting of the Realty League was
held on the 9th inst. at which the follow¬
ing officers and directors were elected;
Officers, William C. Demorest, President;
Chas. Buek, First Vice-President; Al¬
fred R, Conkling, Second Vice-President;
A, R. Bastine, Secretary; Willard H.
Hodgson, Assistant Secretary; A, H. Ma¬
thews, Treasurer; Carlisle Norwood,
Counsel. Directors, Alfred R. Conkling,
W, E, D, Stokes, Louis Ettlinger, P. Gal¬
lagher, William C, Demorest, Chas. Buek,
John P. Leo, Charles F. Noyes, A. R.
Bastine, Amos F. Eno, A. H. Mathews,
John D. Crimmins, Carlisle Norwood, J.
Clarence Davies.

HILLTOP REALTY CO.—A special
meeting of stockholders wili be held at the
offices of the company, 29 Broadway-i
March 3,   at 2 p.  m.                          -

E. LOWENTHAL, real estate dealer of
Boston road and Prospect av, baa been
elected vice-president of the McKinley
Square Business Men's Association.