The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-01


collection and sale Keeping OF the revenues derived
from the tolls the cInas OF the STATE and, with
me superintendent OF Public WORKS shall deter
the concurrence or the LEGISLATURE be reduced below
those for tho year 1867. until the canal debt, s.
called, shall be paid or provided for.
SEC. 8. The Governor shall nominate, and with
the consent OF the Senate appoint superintendent
OF Public Works, who shall hold oillce for Ave years
ana whose salary shall be determined b law. lie
shall be required by law to give security for the
faithful execution OF his ONCE before entering on The
duties thereof He shall be charged with the execu
ton OF ali laws relating 10 the construction, repair
and navigation OF the canals, and OF any improves
ineuts thereof which may be authorized by law and,
subject to the control OF the Legislature, he shall
make all rules and regulations for the navigation OF
use OF the canals feeders and structures connected
herewith. lie may be suspended from ONCE and
removed by the Governor for lncompetency, neglect
OF duty or malfeasance in oalce; but no such
removal shall be made unless he shall have
against MIN and shall have had an opportunity
OF being heard in his defence. In case OF a
vacancy IN the Office Of he superintendent or Public
works. or OF his suspension, removal OF inability TO
serve from any cause during the recess OF the SEN
ate, OF the assistant Superntendents OF public
works. 10 be designated by the commissioners OF the
Canal Fund, shall act IN his stead, but not for q
next after such vacancy suspension, removal or in-
abi,itY The Governor upon the recommendation
mate and with the consent OF the Senate appoint,
four assistant superintendent OF pubic works, VINO
shall hold their ONCE for i've years. at an annual
salary to be determined by law The assistant su-
perntendents shall be subject TO the control Of the
superintendent and may be removed by him for
cause; all other officers, except financial, and all
persons employed IN the care and management OF
the canals, shall be appointed by the superintendent
subject to removal by him.
SEC. q. No money shall be appropriated or paid by
the state, or out or the canal revenues for the con-
structlon or maintenance OF any bridge except for
state canals or feeders At any point where bridge
was not maintained at the expense OF the State prior
TO the st day OF January 1907; nor for any damages
or injury sustained in the navigation or use Of any
OF the canals or OF the feeders or structures con-
nected herewith, nor as extra allowance or COM
pensaton to any person for the performance OF any
contract relating thereto. No claim for damages
growing out Of the construction, maintenance or
repair OF the canals feeders or structures connected
herewith, shall be heard or allowed unless made
within two years after 1t shall arise, except claims
for damages for appropriations OF property, III
which case 1t shall be made within two years after
notice OF such appropriation as SHAH be provided by
laws but II the claimant shall be under legal disa-
biiity the claim may be made within two years alter
the removal OF the disability.
SEC. T. In oil contracts for materials or work upon
the canals, no bid shall be rejected for informally
until the patty parties making it shall have had
notice to correct such nformaty and no alteration
OF the plan or OF any specification shall be made
fore or after the execution or any contract except
with the consent Of the Commissioners OF the Canal
Fund and OF the superintendent OF Public works or
aorty Of them; but this section shall not be held
superintendent OF public Works or the Legislature
from adopting any other mode Of doing the public
work.
SEC. s. There shall be court OF Claims COM
posed or three Judges appointed by the Governor
with the consent OF the Senate, IN which snail
DO adJpdlcated such Claims against the state as
the Legislature snail by general laws direct. Such
claims shall be tried without jury; but the facts
found by the court shall be stated IN each adJudica
ton. When claims for the value OF or damages to
real estate shall amount to 5000 or more,
The Judges OF said court sha and in all other cases.
may, view the property IN question: and IN deciding
thereon their estimate OF such value or damages
shall be taken III connection With the evidence In
other respects such court shall BIO governed by The
rules OF law heretofore applicable TO cases between
the Stlta and tile citizen, The or llmltaLl
except as provided IN the sixth section Of this art.
Gle shall prevail in favor OF the State az In favor OF
individuals. the limitation shall begin TO run from
the adoption OF this constitution but this shall not
he construed ID revive claims already barred by
existing statutes Inc jurisdiction Of such court
snail be exclusive and Its decisions may be reviewed
on the law OF appeal 10 the Court OF Appeals. The
Judges OF said cours shall mold their offices for 1--WE
years, unless sooner removed according TO law, and
shall receive at stated times, for their services,
compensation TO be ostabs he'd by law, which shall
not be diminished during their continuance In onlce
SEC. o. There shall DO a solicitor OF claims ap-
pointed IN the same manner and for tho same term
as the judges OF the Court OF Claims whose duty 1t
sa be TO take charge OF the Interests OF the State
I'D all matters depending in the Court Of Claims, and
Who shall receive Tor his services compensation to
be established by law. He may be removed by the
Governor for misconduct, incompetency or neglect
or duty upon the recommendation OF said court;
and whenever In the Judgment Of the Legislature,
the ONCE OF Solicitor OF Claims shall become unne
cessary 1t may be abolished.
SIC. 10. The Canal Board, the Contracting Board
and the office OF Canal Commissioner aud Canal
Appraiser are abolished from and after the first day
OF January 1859; but until tie appointment and
qualification OF superintendent Of Public Works
and the organization OF Court Of Claims, as pro.
yided by this article, said boards and officers shall
discharge their dulles as heretofore.
Article vi.
TIE JUDICIARY
SECTION /. The Asse lnbly shall have the power Of
impeachment, by q vote OF the majority OF all the
members elected. Tie court the trial or IN peach
ments shall be composed Of tue President of The
senate, the Senators, or major part OF them, and
The judges OF the Court OF Appeals the major part
OF them. On the trial OF an impeachment against
the Governor the Lieutenant Governor shall not ct
az member Of Inc court No judicial officer snail
exercise his once alter articles of impeachment
against him shall have been preferred to the Senate
until he shall have been acquitted. Before the trial
OF an impeachment the members OF the court shall
take an oath or affirmation, truly and lnpartally 10
try The impeachment according 10 evidence; and no
person shat be convicted without the concurrence of
two-thirds OF the members present. Judgment IN
cases OF impeachment shall not extend further than
TO removal from ONCE, or removal from Office and
disqualification to hold AMI enjoy any ONCE or honor,
trust, pront under this state; but the party I'M
pcached shall be liable 10 indictment aud punish
Ment according TO law.
ELECTION OF JUDGEs-CoURT or APPEALS.
SEC. 2. There shall be a Court OF Appeals, COM
posed OF Chief Judge and six Associate Judges,
who shall be chosen by The electors OF the STALE and
shall hold their olce for the term or fourteen years
from and including the hrst day OF January next
after their election At the first election or Judges
under THIS constitution, every eiector may vote Tor
the Chief and only four OF tue Associate Judges.
Any I'VE members Of the court shall form Quorum
and the concurrence or four shall be necessary TO
decision. Tho court shall have tue appointment,
with the power OF removal OF It's reporter and clerk,
and Of such attendants az may be necessary.
Sec. 3. When vacancy snail occur otherwise
than by expiration OF term Ia the Office OF Chief or
Associate Judge Of the Court OF Appeals, the same
shall be filed, for full term, at the next general
election happening not less than three months after
such vacancy occurs; aud until the vacancy snail be
SO filed, the Governor by and with the advice and
consent Of the Senate II the Senate shall be In session,
or II not the Governor alone, may appoint TO I'LL such
vacancy. II any such appointment OF Chief Judge
shall be made from the Associate Judges a tempo
rary appointment OF Associate Judge shall be made
III ike manner; but In such case the person ap
pointed CHIEF Judge shall not be deemed to vacate
his ONCE OF Associate Judge any longer than until
the expiration OF his appointment as Chief Judge.
The powers and jurisdiction OF the court shall mol
be suspended for want OF appointment or election
when the number OF judges Is sufficient TO consti
tute quorum. All appointments under this sec
ton shall continue until and including the last day
OF December next after the election at which the va
cancy shall be filled.
SEC. 4. Upon the organization OF the Court Of APP
peals under this article the causes then pending in The
present Court OF Appeals Shall become vested In the
Court OF Appeals hereby established Such Of said