sidered; and if approved by two-thirds of the members elected to that house, it shall become a law notwithstanding the objections of the Governor. In all such cases, the votes in both houses shall be determined by yeas and nays, and the names of the members voting shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Legislature shall, by their adjournment, prevent its return; in which case it shall not become a law without the approval of the Governor. No bill shall become a law after the final adjournment of the Legislature, unless approved by the Governor within thirty days after such adjournment.

If any bill presented to the Governor contain several items of appropriation of money, he may object to one or more of such items, while approving of the other portion of the bill. In such case, he shall append to the bill, at the time of signing it, a statement of the items to which he objects; and the appropriation so objected to shall not take effect. If the Legislature be in session, he shall transmit to the house in which the bill originated a copy of such statement, and the items objected to shall be separately reconsidered. If, on reconsideration, one or more of such items be approved by two-thirds of the members elected to each house, the same shall be part of the law, notwithstanding the objections of the Governor. All the provisions of this section, in relation to bills not approved by the Governor, shall apply to cases in which he shall withhold his approval from any item or items contained in a bill appropriating money.

Article Five, is amended as follows:

ARTICLE V.

SECTION 1. The Comptroller shall be chosen at the same general election, and for the same term, as the Governor, and shall receive a salary of six thousand dollars a year. The person holding the office at the time when this section shall take effect shall continue to hold the same until the first day of January next succeeding the first election of Comptroller, pursuant to the provisions hereof, and shall receive the salary herein named, for such time as he may hold the office beyond the term for which he shall have been elected.

§ 2. The Secretary of State, Attorney-General and State Engineer and Surveyor shall be appointed by the Governor, with the consent of the Senate, and hold their offices until the end of the term of the Governor by whom they shall be nominated, and until their succes

sors are appointed. No person shall be appointed State Engineer and Surveyor who is not a practical engineer.

§3. A Superintendent of State Prisons shall be appointed by the Governor, with the consent of the Senate, and hold his office for five years, unless sooner removed; he shall give security in such amount, and with such sureties, as shall be required by law for the faithful discharge of his duties; he shall have the superintendence, management and control of the State prisons, subject to such laws as now exist or may hereafter be enacted; he shall appoint the agents, wardens, physicians and chaplains of the prisons. The agent and warden of each prison shall appoint all other officers of such prison, except the clerk, subject to the approval of the same by the Superintendent. The Comptroller shall appoint the clerks of the prisons. The Superintendent shall have all the powers and perform all the duties, not inconsistent herewith, which have heretofore been had and performed by the Inspectors of State Prison; and from and after the time when such Superintendent of State Prisons shall have been appointed and qualified, the office of Inspector of State Prisons shall be and is hereby abolished. The Governor may remove the Superintendent for cause at any time, giving to him a copy of the charges against him, and an opportunity to be heard in his defense.

§ 4. The Treasurer shall be chosen by the Senate and Assembly in joint ballot, and hold his office for three years, and until his successor shall be chosen and qualified. He shall, before entering upon the duties of his office, give such security as may be required by law. He may be suspended from office by the Governor during the recess of the Legislature, and until thirty days after the commencement of the next session of the Legislature, whenever it shall appear to him that such Treasurer has, in any particular, violated his duty. The Governor shall appoint a competent person to discharge the duties of the office during such suspension of the Treasurer.

§ 5. The Comptroller, Secretary of State, Attorney-General, Treasurer and State Engineer and Surveyor shall be the Commissioners of the Land Office. The office of Commissioner of the Canal Fund is abolished, and all the powers and duties heretofore had or performed by the Commissioners of the Canal Fund shall hereafter be had and performed by the Comptroller. The Canal Board shall consist of the Lieutenant-Governor, Secretary of State, Treasurer, Attorney-General, State Engineer and Surveyor, and Superintendent of Public Works.

86. A Superintendent of Public Works shall be appointed by the

Governor, with the consent of the Senate, and hold his office until the end of the term of the Governor by whom he was nominated and until his successor is appointed. He shall receive for his services a compensation to be fixed by law. He shall be required by law, to give security for the faithful execution of his office, before entering upon the duties thereof. He shall be charged with the execution of all laws relating to the repair and navigation of the canals; and also of those relating to the construction and improvement of the canals, except so far as the execution of the laws relating to such construction or improvement shall be confided to the State Engineer and Surveyor. Subject to the control of the Legislature, he shall make such rules and regulations for the navigation or use of the canals. He may be suspended or removed from office by the Governor, whenever in his judgment the public interest shall so require; but, in case of removal of such Superintendent of Public Works from office, the Governor shall file with the Secretary of State a statement of the cause of such removal, and shall report such removal, and the cause thereof, to the Legislature at its next session.

7. The Superintendent of Public Works shall appoint not more than three assistant superintendents, whose duties shall be prescribed by him, subject to modification by the Legislature, and who shall receive for their services a compensation to be fixed by law. They shall hold their offices for three years, subject to suspension or removal by the Superintendent of Public Works, whenever in his judgment the public interest shall so require. Any vacancy in the office of any such assistant superintendent shall be filled, for the remainder of the term for which he was appointed, by the Superintendent of Public Works; but in case of the suspension or removal of any such assistant superintendent by him, he shall at once report to the Governor, in writing, the cause of such removal. All other persons employed in the care and management of the canals, except collectors of tolls, and those in the department of the State Engineer and Surveyor, shall be appointed by the Superintendent of Public Works, and be subject to suspension or removal by him. § 8. The office of Canal Commissioner is abolished from and after the appointment and qualification of the Superintendent of Public Works, until which time the Canal Commissioners shall continue to discharge their duties as now provided by law. The Superintendent of Public Works shall perform all the duties of the Canal Commissioners and Board of Canal Commissioners, as now declared by law, until otherwise provided by the Legislature.

§ 9. The Governor, by and with the consent of the Senate, shall have power to fill vacancies in the offices in this article named, except as herein otherwise provided; or, if the Senate be not in session, he may grant commissions, which shall expire at the end of the next succeeding session of the Senate.

§ 10. The Secretary of State, Attorney-General, State Engineer and Surveyor and Treasurer, in office at the time this article shall take effect, shall hold their offices until their successors are appointed.

§ 11. The powers and duties of the respective boards, and of the several officers in this article mentioned, shall, except as herein otherwise provided, be such as now are or hereafter may be prescribed by law.

§ 12. All offices for the weighing, gauging, measuring, culling or inspecting any merchandise, produce, manufacture or commodity whatever, are hereby abolished, and no such office shall hereafter be created by law; but nothing in this section contained shall abrogate any office created for the purpose of protecting the public health or the interest of the State in its property, revenue, tolls or purchases, or of supplying the people with correct standards of weights and measures, or shall prevent the creation of any office for such purposes hereafter.

The only amendment proposed to Article Six is in addition to section eighteen, to wit:

ARTICLE VI.

Strike out the first clause of the last sentence of section eighteen of Article six, and insert (new matter in italics):

§ 18. The electors of the several towns shall, at their annual town meeting, and in such manner as the Legislature may direct, elect justices of the peace, whose term of office shall be four years. In case of an election to fill a vacancy occurring before the expiration of a full term, they shall hold for the residue of the unexpired term. Their number and classification may be regulated by law. Justices of the peace, and judges or justices of inferior courts not of record, and their clerks, may be removed, after due notice and an opportunity of being heard by such courts as may be prescribed by law for causes to be assigned in the order of removal. Judicial officers of courts not of record, in the several cities of the State, having a population of not less than three hundred thousand, shall be appointed by the Governor, with the consent of the Senate, for a term of four years, and shall be subject to removal after due notice, and an opportunity

of being heard, by such courts as may be prescribed by law, for causes to be assigned in the order of removal; all other judicial officers in cities, whose election or appointment is not otherwise provided for in this article, shall be chosen by the electors of cities, or appointed by some local authorities thereof.

ARTICLE VII.

No amendments are proposed to sections one and two of Article Seven.

Section three is amended by adding at the end of the section the following:

"No extra compensation shall be made to any contractor, but if, from any unforeseen cause, the terms of any contract shall prove to be unjust and oppressive, the Canal Board may, upon the application of the contractor, cancel such contract."

No amendments are proposed to sections four and five.

Section six is amended so as to read as follows:

§ 6. The Legislature shall not sell, lease or otherwise dispose of the Erie canal, the Oswego canal, the Champlain canal, or the Cayuga and Seneca canal: but they shall remain the property of the State, and under its management forever. Hereafter the expenditures for collections, superintendence, ordinary and extraordinary repairs on the canals named in this section, shall not exceed, in any year, their gross receipts for the previous year. All funds that may be derived from any lease, sale or other disposition of any canal, shall be applied in payment of the debt for which the canal revenues are pledged.

No amendments are proposed to sections seven, eight, nine, ten, eleven and twelve.

Sections thirteen and fourteen of this article in the existing Constitution are transferred to Article Three, and the following two sections inserted in their place, as sections thirteen and fourteen :

§ 13. The sinking funds, provided for the payment of interest and the extinguishment of the principal of the debts of the State, shall be separately kept and safely invested, and neither of them shall be appropriated or used in any manner, other than for the specific purpose for which it shall have been provided.

§14. Neither the Legislature, Canal Board, Canal Appraisers, nor any person or persons acting in behalf of the State, shall audit, allow or pay any claim, which, as between citizens of the State, would be barred by lapse of time. The limitation of existing claims shall [Senate No. 70.]

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