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JUDGES AND OFFICERS OF THE COURT OF CLAIMS

IN 1915.

ADOLPH J. RODENBECK, Presiding Judge, Rochester, N. Y.
FRED M. ACKERSON, Judge, Niagara Falls, N. Y.
Thomas F. FENXELL, Judge, Elmira, N. Y.
CHARLES R. PARIS,' Judge, Hudson Falls, N. Y.
NATHANIEL P. Willis, Judge, Cooperstown, N. Y.
William D. CUNNINGHAM," Judge, Ellenville, N. Y.
John V. SHERIDAN,+ Clerk, New York City, N. Y.
FREDERICK D. Colson, Clerk, Albany, N. Y.

Deputy Clerks also acting as Court Stenographers.

HENRY C. LAMMERT, Brooklyn, N. Y.
WILLIAM R. FOLEY, Brooklyn, N. Y.
RUPERT O. BURROWS, Rochester, N. Y.

1 Appointed on April 19, 1915, by the Governor as an additional judge pursuant to section 282 of the Code of Civil Procedure as added by chapter 1 of the Laws of 1915.

2 Appointed on April 19, 1915, by the Governor as an additional judge. Resigned on May 4, 1915.

3Appointed on December 29, 1915, by the Governor as an additional judge to fill the unexpired term of Judge Willis

. 4 Clerk of the former Board of Claims acting as clerk of the Court of Claims pursuant to section 266 of the Code of Civil Procedure as amended by chapter 1 of the Laws of 1915.

5 Appointed clerk of the Court of Claims on March 22, 1915, to take effect on April 15, 1915.

[4]

No. 48

Ι Ν S Ε Ν Α Τ Ε

April 12, 1916

Fifteenth Annual Report of the Court of Claims of the

State of New York

COURT OF CLAIMS

CLERK's OFFICE, ALBANY, April 12, 1916

Hon. EDWARD SCHOENECK, President of the Senate:

DEAR SIR.— I have the honor to transmit herewith to you for the Legislature of the State of New York the fifteenth annual report of the Court of Claims of the State of New York, as required by law.

Very respectfully yours,

FREDERICK D. COLSON,

Clerk.

REPORT

To the Legislature of the State of New York:

In accordance with the requirements of section 271 of the Code of Civil Procedure, the Court of Claims submits its fifteenth annual report.*

The Court of Claims having been re-established by chapter 1 of the Laws of 1915, it seems appropriate at this time to state briefly the previous history of the Court.

The State being sovereign is not amenable to private claims against it on the part of its citizens except with its consent as conferred by some statute. The purpose of the statutes enacted in this State with respect to the hearing of claims against the State has been to provide some body, board or court, vested with jurisdiction to pass upon such claims.

In the early history of the State, when the claims began to multiply out of the construction of the original canal system of the State, the auditing officers, so far as that task was not performed by the Legislature itself, were known as canal appraisers and it was their function to pass upon the amount that should be allowed to persons from whom land had been taken for the construction or maintenance of the canal or who had otherwise been damaged by that improvement.

The Legislature meanwhile was passing upon private claims directly by means of appropriations, but this practice became so unsatisfactory that the Constitution was amended in 1874 so as to prohibit the Legislature from auditing or allowing any private claim or account against the State. (Article 3, $ 19.)

This prohibition made it necessary for the Legislature to provide some other means for auditing private claims and for that

While this report is the first annual report to be submitted by the Court of Claims as re-established by chapter 1 of the Laws of 1915, it is, taking into consideration the entire history of the court from its first establishment by chapter 36 of the Laws of 1897, the fifteenth report to be made by the body designated as the Court of Claims, and to avoid the confusion that would result from having two reports of the Court of Claims bear the same number, it has been thought wise to continue the numbering from the reports of the previous court.

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