Year: 1868




SIC g. The Governor shall nominate. and, WIN the
consent of the Senate, appoint SuperlnteWeht ol
Public Works. who shall h9id oice lor hye SeaIIi,
shall be required by law 10 give security t0I me ial
ful execution of his Office before entering on the du
ties thereof He shall be charged with the eNecuh"
of all laws relating TO the construction repair, ana
navigation of the canals, and OF any improvement
thereof which may be authorized by law and SUD
ject to the control OF the Legislature he shall make
the rules and regulations for the naEisaJon or use or
the canal feeders and structures connected theTeMl
Of the canals. He may be suspended from Office ana
removed by the Governor for incompctcncy, neglect
of duty or malteasanCe III office; but no such re,
mOva shall be made unless lie shall have betn befNtu
with a copy Of the charges against HIM, aud sh9il
have had an opportunity Of beng aeaIu ~ IN EiS ,n uT
fense III Of vacancy iii the Office OF the super
mtendent of Public Works OF his suspeJsion' re
mOya or inability TO serve from any cause, 9ullng
the of the Senate one OF the AssiStAht oulc
intendents of Public Works, TO he designated by the
Commissioners of the Canal Fund, shall act IN iln
stead but not for "a period beyond tho end oI tie
session Of the Senate next after such vacancy sus
pension, removal. or inability. The Governor, upon
the recommendation of the Superintendent OF Iuonc
Works. may nominate, and with the consent of the
Senate appoint. four Assistant Superintendents oi
Public Works who shall hold Their office Tor hye
years. at an annual salary to be determined by laW'
The Assistant Superntendents Sh2ii 80 suect 10 th9
control of the Superintendent. and may be removed
by him for cause all other officers except hnanciai
and all persons employed in the care and msnaee-
nent of the canals shall be appointed BY inc ouIel-


ntendent. subject 10 be removed by MN; e.,


SIC. 8. No money shall I've appropIiated or paiu Dy
the State ont of the canal revenues iUf tne eh-
stTuctiOn maintenance 0f any DIldge except lO'
the use Of the State any O1 the completed STATE
canals or feeders at any point where brldgo WA
not mantangd at the expense OF the state Piln 10
the first of January, eighteen hundred and sixty
seven; nor for any damages or lnJuy sustained IN


the navigation or use OF any oil the canals OF OF the
feeders or structures connected herewith; nor as
extra allowance or compensation 20 any person LOT
the performance of any contract relatlng ueiclo'
No claim for damages, growing out OF the cOnsluC-
tiOn maintenance. repair OF the canals leeeS vi
structures connected Herewith, shall bo heard or az
lowed, unless made within two years after III slaD
arise except claims for damages for appropriations
of property in winch case 10 shall be made within
two years after notice Of such appropriation a. SHAH
be provided by law But II tie claimant shall ne
under legal disability he Clgm moy he made within
two years after the removal OF The disability


She Z. In all contracts for materials or work upon
the canals. no bid shall be rejected ior intormality
until the party or parties making 1t shall nave Ial
notice to correct such nfOmailjy and no alteration
of the plan of any specification shall be made be-
fore or after tlo execution oil any contract except
with the consent of the COmmssi0ners Of tie Canal
Fund and of the superintendent Oh Iubuc NOfks, OF


majority of them; but this section shall not be heid
TO continue the contract system Orprvrnt the super
intendent Of Public Works Or tho Legislature from
adopting any other mode of doing the public work


SIC 8. There shall be u Court OF Claims CONFESSED
of three Judges appointed by the Governor win the
consent of the Senate IN which shall be adudlcatcd
such claims against the State as the LeElSatufe sli
By general laws direct. such claims SHAH be tletl
without jury but the facts found by the court sall
be stated in each adJudicaion When cniino LOT Ie
value Of or damages to real estate shall amount 10


five hundred dollars OF moIe The judges OF sad court
shall and in all other Cases, may view the property
in question: and in deciding thereon Their estimate Oi
such value OF damages shall be taken Ia connection


with the evidence IN other respects such court shall
be governed by the rules of law heretofore applicable
to cases between the State and the citizen The laws
of limitation except as provided i'll the sixth section
of this article shall prevail in favor of the state as in
favor of individuals The limitation shall begin TO
run from the adoption Of this Constitution hut this
shall not be construed to revive claims already barred
by existing statutes. The jurisdiction OF such court
hall lp ~
on the law on appeal 10 the Court OF Appeals. ne
judges of said court shall hold their Offices for fve
wears unless sooner removed according to law, and
shall receive at stated times for their services COM
peIsation 10 be established by law. which shall lot
be diminished during Their oontinHance IN i olnGe


SIC. g. There shall be solicitor OF Claims hp-
pointed in the same and for the same term as
the Judges of the Cont OF Claims whose duty shall
R map IL isHE Gene In ihe Court OF Claims and who
shall receive for his services compensation 70 he rs
tablished by law lie may be removed by the Gov
ernor Tor misconduct, inoompetency negectof duty
upon the recommendation Of said court, and when,
ever in the Judgment of the Legislature the Office oi
Solicitor of Claims shall become unnecessary ~ may


SIC. TO- The Canal Board and the Contracting
Board and the Office OF Canal Comnlssioner anu anu
day of January, eighteen hund dred and sXty-nne
but until the appointment and quaiIhfcation OF a
Superintendent of Public " Olks and the oTganiza-
ton of Court of Claims as provided by this article
said Boards and officers shall discharge their duties
''''''' THE JUDICIARY.


ARTICLE W.


SECTION l. The Assembly shall have the power of
impeachment 10y a Yoto OF the majority OF oil the
members elected. The court for the trial Of impeach
ments shall he composed OF the President of the Sen
ate, the Senators, or major part OF thell ana the
Judges of the Court OF Appeals the major part of
them. On the trial of an Impeachment against the
Governor, the ACKNOWLEDGEMENTS shall not act as
member of the Court. No judicial officer shall exer
else his Office after articles of impeachment against
him shall have beOn preferred to the Senate until he
shall have been acquitted Before the trial of an iu
parchment, the members of the court shall take an
oath OF affirmation truly and impartialy 10 try the
Impeachment according to evidence, and no person
shall be- convicted without the concurrence of two
thirds of the members present. Judgment in cases
of impeachment shall not extend further than to
mova from office OTfremOyal from office and dsquali


catiOn to hold and enjoy any office OF honor trust or
profit under this State but the party impeached shall
be liable 10 indictment and punishment according to
law.


SEC. q There shall be Court Of Appeals. com
posed Of a Chief Judge and six Associate Judges.
who shall be chosen by the electors of the State and
shall hold their Office for of fourteen years
from and including the first day Of January next
after their elections At the first election of judges
under this Constitution. every electOr may vote for
the Chief and only four of the Associate Judges.
ANY five members Of the court shall form quorum.
and the concurrence of four shall be necessary 10
decision. The court shall have the appointment,
with the power OF removal, of its reporter and clerk,
and of such attendants as may be necessary.


SEC. g. When vacancy shall occur otherwise than
by expiration of term in the Office of Chief Asso-
cate Judge of the Court of Appeals the same shall



happening not less than three months after such
cancy occurs: and until the vacancy shall be so filed.
the Governor by and with the advice and consent OF
the Senate if the Senate shall be in session. or if
not the Governor alone, may appoint to fill such
cancy. III any such appointment OF Chief Judge
shall be made from among the Associate Judges,
temporary appointment Of Associate Judge shall be
made in like manner. but in snch case the person
appointed Chief Judge shall not be deemed 10 va
cate his office of Associate Judge any longer than
until the expiration of his appointment Chief
Judge. The powers and jurisdiction Of the court
shall not be suspended for want OF appointment or
constitute quorum All appointments under this