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Second, To pay the interest on the general fund debt due within the year.

Third, To pay the expense of completing the enlargement of the locks on the Champlain canal, and the deficiency, if any, of enlarging the prism of said canal, as provided by chapter one hundred and eighty-six of the Laws of eighteen hundred and sixty-four, not exceeding the sum of three hundred thousand dollars in the aggregate, for such improvements.

existing debt of the State, until the same shall be fully paid.

§ 10. The Legislature shall not sell, lease or otherwise dispose of any of the canals of this State, but they shall remain the property of the State and under its management.

The PRESIDENT- The report will be referred to the Committee of the Whole and be printed. Mr. SCHOONMAKER, from the Committee on Canals, submitted the following minority report: The undersigned, a minority of the Committtee on Canals, dissenting from some of the conclusions of the majority of said committee, ask leave respectfully to REPORT:

That they dissent from so much of the report of the majority of said committee, as recommends that the care and management of the canals be intrusted to one Superintendent of Public Works, with four Deputy Superintendents under him, all to be appointed by the Governor, by and with the

Fourth, After complying with the foregoing provisions of this section, the residue of said sinking fund, or so much thereof as may be necessary, shall be annually appropriated to pay the expense of removing the wall benches and furnishing all necessary supplies of water upon the Erie canal, of enlarging such of the bridges and aqueducts, and the approaches leading thereto, as may be necessary upon the Erie, Oswego, and the Cayuga and Seneca canals, and of constructing one tier of locks from the materials in the present locks (so far as the same shall be sufficient, advice and consent of the Senate. and when insufficient to supply the deficiency The undersigned fully concur with the majority, with new materials) upon the said canals, in the necessity of changing the present manageof such dimensions as will admit the con-ment of the canals, and of concentrating power venient passage of boats the entire length of said and responsibility. We believe that the division canals, twenty-three feet in width and two hun-of power, as existing under the present system, dred feet in length, and drawing six feet of water, has destroyed all feeling of responsibility, and has propelled by steam or otherwise; the total ex- been the cause of much of the laxity in the care pense of all such improvements shall not exceed and management of the public works. We, howthe sum of $8,000,000 in the aggregate. The work ever, differ from the majority in the matter of shall be confined within the present limits of said detail. canals, except so far as it may be necessary to The majority seek to create a one man power, bring in additional supplies of water; shall be appointed by the Executive, by and with the commenced in the year 1868, and shall be com- advice and consent of the Senate, but without pleted under the supervision and direction of the direct responsibility to the people, and holding Superintendent of Public Works, as soon as the the patronage of one thousand miles of canals, surplus revenues of the canals, as herein pro-and with thousands of men depending upon his vided, can accomplish the same, without mate- fiat for their daily bread. In these days of laxity rial interruption to the navigation on said in official morals, it is truly a fearful power to be canals; except as provided in this article, the placed in the hands of any man. It is a power general width and depth of said canals shall which, in the hands of a designing politician, remain as at present existing and authorized by can be used to control political nominations and law. elections. It is unnecessary to dilate upon the dangers of such an overshadowing one man power. Its extent must be apparent to any reflecting mind.

88. After the payment of the canal debt, or after a sum sufficient shall have accumulated in the sinking fund to accomplish that object, the general fund debt, now amounting to $5,642,622.22, It is true, the evils to be remedied are great and shall be paid from the canal debt sinking fund.of vital importance, but the question arises, is it If at any time the said fund shall prove insufficient necessary to resort to such hazardous remedy? to pay the interest or principal of the canal and The undersigned think not, and believe it to be general fund debts, as provided in sections seven both unwise and unnecessary, because, it is a and eight of this article, the deficiency shall be fundamental principle in government, that to create supplied by loan upon the credit of the said sink- a proper and efficient responsibility, more must ing fund. In case such deficiency cannot be so not be required of the agent than he will be able supplied at a satisfactory rate of interest, the well and efficiently to superintend and direct, perLegislature shall make other provision therefor, so sonally. His subordinates must be the men who as to fully preserve the public faith. do the work in pursuance of his directions and § 9. Every contribution or advance to the under his personal supervision. Then, there is a canals of this State made since June one, eight-responsibility, coupled with a power of execution. een hundred and forty-six, or which may here- That is not the case when you commit the charge after be made, from any source except their direct of one thousand miles of canal to one person. He revenues, shall, with interest thereon at current cannot personally supervise and control the rates, be repaid into the treasury of the State out of the canal revenues, as soon as the same can be done consistent with the provisions of this article. All sums so paid shall, together with all surplus rovenues thereafter derived from the canals, be applied exclusively to the payment of any then

whole. The superintendence and control of sections must necessarily be intrusted to subordinates, and the success of the management is entirely dependent upon the manner in which the subordinates perform their duty. The respousibility, therefore, thus created, is simply the legal,

every two years. We also suggest, for the consideration of the Convention, that the salary be fixed at $5,000, as being a sum sufficient to command the requisite talent and executive ability for the position. A less amount would undoubtedly procure incumbents, but would not command the requisite ability and talent.

technical responsibility of a principal for the acts | years, and the term of office of the first four to be of omission and commission by his subordinates. so arranged, at the time of their appointment, That responsibility is not, and never can be, so that the term of one will expire at the end of greatly felt or appreciated by the agent, as when the responsibility is in reference to his own acts. The undersigned seek to obviate this objection and bring the responsibility directly to the officer, by creating, instead of one, four Superintendents of Public Works, and dividing the canals into four distinct sections, each section to be assigned specially to the care, management, and control of one With these suggestions thereupon, the underof the superintendents. Each superintendent signed recommend the following sections as a subcan then personally superintend and frequently stitute for section three of the article recommendinspect every part of the particular section as-ed by the majority of the Committee on Canals. signed to him, and for the entire care, manage- § 3. The general care and superintendence of ment, and good government of which he is to be the canals, feeders and structures connected held responsible. The division of the canals into therewith, and the control of all matters relating four sections will bring the work to be performed to their repair and maintenance, and keeping by each superintendent within the compass of his them in navigable order, shall be vested in four ability, so as to create a direct personal responsi- Superintendents of Public Works, to be elected bility, without the power to shift it upon sub-as hereinafter provided. The said superintendents ordinates. shall together constitute a board, to be called the The patronage of the canals is, we know, a fear- Board of Superintendents of Public Works, and shall ful power, in the hands of one or more designing have the general direction and control of all extrapoliticians, acting in concert. But it is one which ordinary improvements of the canals, feeders or must of necessity exist, and be lodged somewhere; structures connected therewith, that may be auand we believe it to be more safe divided be-thorized by law; and it shall be their further duty tween four than concentrated in a single head. to prescribe all proper and necessary rules and At the same time that we, in the plan proposed regulations to control and regulate the navigaby us, give each superintendent the entire charge tion and use of the State canals, and the feeders of the section assigned to him, in order to make and structures connected therewith. It shall responsibility complete we propose to vest in also be the duty of said board, to divide the said him the entire power of appointment and removal canals and feeders into four divisions, as nearly over his subordinates. equal as may be, and assign the special charge and superintendence of one of said divisions to one of the superintendents, so that each superintendent shall have the charge of one division.

The rules and regulations needful to control and regulate the navigation and use of the canals, feeders and structures connected therewith, should be uniform throughout their entire extent; and, therefore, the undersigned propose to create the Board of Superintendents, to be composed of the four superintendents, whose duty it shall be to make and prescribe all such regulations and rules, and shall also divide the canals into four appropriate sections, and assign one of their number to each section. We propose, also, that in case any extraordinary improvements are authorized or directed by the Legislature in relation to the canals, that the general direction of that shall be under the control of the Board of Superintendents.

The superintendent in charge of a division shall have the entire charge, care and control of all matters relating to the repairs and maintenance of the division under his charge, and it shall be his duty to keep the same in good and navigable order, and see that all the rules and regulations prescribed by the Board for the navigation and use of the canals, their feeders and structures, shall be observed and enforced. He shall also select and appoint all officers and employees necessary for the proper discharge of his duties upon his division, and remove them at pleasure. The rate of compensation and salaries of With these views, the undersigned recommend such officers and employees shall be regulated and the adoption of their substitute by the Conven- fixed by the Board. ` It shall be the duty of each tion, as being safe and more efficient, and creat-superintendent to take the personal charge and ing a more direct responsibility in execution.

The undersigned also dissent from the report of the majority as to the manner of selecting the officials to be charged with the care and management of the canals. The majority intrust it to the Governor and Senate, we recommend it to be placed in the hands of the people, the source of all power.

superintendence of the particular division assigned to him, and at least once in every month during the season of navigation, and as much oftener as may be necessary, pass over and personally inspect the entire division under his charge. Each superintendent shall be entitled to an annual compensation of $5,000, in full of all services and personal expenses, to be paid out of the canal revenues, in quarterly payments.

In order to avoid the necessity of a special election, and at the same time inaugurate the § 4. The Legislature shall, at its first sesnew system as early as practicable, we recom- sion after the adoption of this Constitution, mend the appointment of the first Board of Super- and as soon after the commencement thereof intendents by the Legislature in joint ballot. as practicable, elect, by joint ballot of the After that, at the expiration of every two years, Senate and Assembly, four Superintendents one superintendent to be elected by the people. of Public Works, one to hold his office for two The entire term of a superintendent to be eight years, one for four years, one for six years, and

Whole and be printed.

one for eight years, from the thirty-first day of reported by the minority and read by the Secre December, 1867. And thereafter at each gen-tary, will be referred to the Committee of the eral election next preceding the expiration of the term of office of any of said superintendents, a Superintendent of Public Works shall be elected to fill the vacancy, and hold his office for the term of eight years from the 31st day of December next succeeding such election. In case a vacancy shall occur in the office of superintendent by reason of death, resignation, or removal from office, the place shall be temporarily supplied by appointment by the Governor until the vacancy shall be supplied by the Legislature.

The Legislature shall, as soon after the occur rence of such vacancy as may be, proceed, by joint ballot, to appoint a superintendent to hold the office and discharge its duties for the unexpired term. Any of the Superintendents of Public Works may, for good cause shown, be suspended or removed from office, by the Governor, upon the recommendation of the Board of Superintendents, or any two of said superintendents, or upon the recommendation of the Commissioners of the Canal Fund, for incompetency, neglect of duty or malfeasance in office. But no removal shall be made unless the officer complained of shall have been served with a copy of the charges preferred against him and he shall have had an opportunity of being heard in his defense. During suspension, the Board of Superintendents may designate some person, temporarily, to perform the duties of the superintendent suspended.

All which is respectfully submitted.

M. SCHOONMAKER,
M. B. CHAMPLAIN,
In preference to majority report.
ABRAHAM B. TAPPEN.

The PRESIDENT-The minority report will be referred to the Committee of the Whole and be printed.

Mr. TAPPEN-As a minority of the committee, I desire to submit an article that we propose upon the subject of the lateral canals. I desire to defer until some future time the statement of the reasons for the article.

The SECRETARY proceeded to read the article reported by Mr. Tappen in words, the following: The undersigned, a minority of the Committee on Canals, respectfully report the following as an additional section to the

ARTICLE

§ 11. The total annual expenditure upon any lateral canal for collection, superintendence, repairs and management, shall not, from and after the first day of May, 1874, exceed the tolls upon and other sources of income of such canal, including in such income the tolls upon the Erie canal on all property passing from or through such lateral canal, except so far as any of said lateral canals or parts thereof may be necessary as feeders of water to the canals named in the seventh section of this article.

A. B. TAPPEN,

M. SCHOONMAKER,

T. G. BERGEN.

Mr. SEYMOUR-On behalf of Mr. Bergen and myself, members of the same committee, I wish to say that we differ from the majority of the committee in reference to the appointing the Superintendents of Public Works, and we ask permission at some future day, but very soon, to present our views on the subject, with an article framed accordingly.

Mr. SEAVER, from the Committee on Printing, submitted the following report:

Your committee, to whom was referred the resolution for the printing of two thousand extra copies of the report of the standing committee on "Town and County Officers, other than Judicial," would respectfully recommend the adoption of the following resolution:

Resolved, That there be printed of the report of the standing committee on "Town and County Officers, other than Judicial," etc., recommending an article of constitutional amendment, two thousand extra copies for the use of the Convention.

J. J. SEAVER, Chairman.

Mr. ELY-Allow me to say, sir, that the com. mittee recommend the printing of this report in order that it may be sent throughout the State, so as to elicit comments and criticism on the radical changes which are proposed by the committee.

Mr. E. BROOKS-I move to amend the resolution as proposed by the committee, by striking out "two thousand" and insert "one thousand," so it shall provide for the printing of only one thousand extra copies. I wish to say to the Convention, having had some experience in regard to the printing of extra documents, that if we commence upon this system of printing large numbers of these documents upon motion, and deem it necessary to circulate these documents throughout the State, we shall involve the State in an immense expenditure of money. We have been hearing reports read for some three hours this morning; they are to be printed and they are of a very interesting character, but so much of them as relates to local interests will be printed in the respective journals of the State; and I do not deem it necessary for our information or the information of the people at large that this Convention should take action in reference to this extra number of copies, for I know from experience that the amount of money which will be taken from the treasury of the State will be enormous in proportion, and will be beyond the comprehension of gentlemen who have not had experience in that matter.

Mr. SHERMAN-I regard the report, of which it is proposed to print extra copies, as one of the most important which will be presented to this Convention. It contains very many of the elements for the cure of the evils admitted to exist from special, class and corrupt legislation; and on our success in providing a remedy for this evil, will depend more than any other measure the fate of the Constitution we shall adopt. The report should be spread broadcast over the State, that it may be examined and criticised, and for this reason I

The PRESIDENT-The additional article advocate the printing of the larger number.

Mr. FLAGLER-The gentleman advocates the printing of two thousand copies of this report because we will thus be sowing it broadcast throughout the State. I reply that two thousand will be a very small amount of seed for so large a field, and this sowing broadcast will be done by the public press of the State, and I shall vote against the printing of extra copies. I believe it is not necessary, and I believe, also, if we establish this precedent, it will serve as a precedent for a large expenditure of public money.

Mr. SHERMAN-Allow me to ask the Chairman of the committee, for information, what would be the probable cost of these two thousand copies, my impression is that it would not be a large sum.

Mr. SEAVER — As regards the cost I am unable to say precisely what it will be, but I apprehend the sum will not be very large.

The question was then put on the motion of Mr. E. Brooks, and it was declared carried.

The question was put on the passage of the resolution reported by the committee, as amended by the motion of Mr. E. Brooks and it was declared lost by the following vote:

The SECRETARY proceeded to read the resolution as follows:

Resolved, That the sessions of the Convention on Mondays commence at half-past seven o'clock P. M.

Mr. GREELEY called for the ayes and noes on the resolution.

A sufficient number seconding the call, the ayes and noes were ordered.

The question was put on the resolution, and it was declared adopted by the following vote:

Ayes -Messrs. C. L. Allen, Andrews, Armstrong, Baker, Ballard, Barnard, Beadle, Bergen, E. Brooks, W. C. Brown, Burrill, Carpenter, Chesebro, Clinton, Cochran, Comstock, Conger, Corning, C. C. Dwight, Eddy, Fowler, Frank, Fullerton, Garvin, Gerry, Gross, Hardenburgh, Hiscock, Hitchman, Huntington, Jarvis, Kernan, Ketcham, Krum, Larremore, Law, Livingston, Loew, Lowrey, Masten, Mattice, Morris, Paige, A. J. Parker, Pond, Potter, Prosser, Robertson, Rogers, Rolfe, A. D. Russell, Schell, Schoonmaker, Schumaker, Seymour, Silvester, Sheldon, Sherman, Strong, Tappen, M. I. Townsend, S. Townsend, Wickham, Young-64.

Ayes-Messrs. N. M. Allen, Armstrong, Baker, Noes-Messrs. A. F. Allen, N. M. Allen, Barnard, Beadle, Beals, Bell, Bergen, Bickford, Alvord, Axtell, Barker, Barto, Beals, Bell, BickE. P. Brooks, E. A. Brown, Carpenter, Comstock, ford, Bowen, E. P. Brooks, E. A. Brown, Case, Corning, T. W. Dwight, Eddy, Evarts, Fowler, Cooke, T. W. Dwight, Ely, Endress, Evarts, Fuller, Gould, Gross, Hammond, Huntington, Flagler, Folger, Francis, Fuller, Gould, Graves, Jarvis, Kinney, Krum, Landon, A. Lawrence, Greeley, Hadley, Hammond, Harris, Hitchcock, Livingston, Loew, Lowrey, McDonald, Merritt, Houston, Hutchins, Kinney, Landon, Lapham, Opdyke, Paige, Pond, Potter, President, Prindle, A. Lawrence, A. R. Lawrence, M. H. Lawrence, Prosser, Reynolds, Rolfe, L. W. Russell, Seaver, Ludington, McDonald, Merritt, Merwin, Monell, Seymour, Silvester, Sherman, Spencer, Stratton, Strong, Tappen, M. I. Townsend, S. Townsend, Weed, Williams-55.

Opdyke, President, Prindle, Rathbun, Reynolds,
Rumsey, L. W. Russell, Seaver, Spencer, Strat-
ton, Van Campen, Van Cott, Wakeman, Wales,
Williams-57.

Mr. COMSTOCK offered the following resolution:

Noes-Messrs. A. F. Allen, C. L. Allen, Alvord, Andrews, Axtell, Ballard, Barker, Barto, Bowen, E. Brooks, W. C. Brown, Burrill, Case, Chesebro, Clinton, Cochran, Conger, Cooke, C. C. Dwight, Ely, Resolved, That the Committee on the Salt Endress, Field, Flagler, Folger, Francis, Frank, Springs be authorized to hold a sitting at the salt Fullerton, Garvin, Gerry, Graves, Greeley, Had-reservation, with power to administer oaths and ley, Hardenburgh, Harris, Hiscock, Hitchcock, examine witnesses as they may deem necessary, Hitchman, Houston, Hutchins, Kernan, Ketcham, and that, for the purpose of holding such sitting, Lapham, Larremore, Law, A. R. Lawrence, M. H. the members of the committee have leave of abLawrence, Ludington, Masten, Mattice, Merwin, sence from Thursday evening until Saturday of Monell, Morris, A. J. Parker, Rathbun, Robertson, this week. Rogers, Rumsey, A. D. Russell, Schell, Schoonmaker, Schumaker, Sheldon, Van Campen, Van Cott, Wakeman, Wales, Wickham, Young-65.

Mr. KINNEY-I would like, if in order, to ask leave of absence for Mr. Root, of Oswego, for one week from to-day, on account of ill health.

No objection being made, leave was granted. Mr. BERGEN-I would like to ask for indefinite leave of absence for Mr. Murphy, who is detained home by sickness.

No objection being made, leave was granted. Mr. BARTO-I ask for leave of absence for Mr. Magee for an indefinite length of time, on account of personal illness.

No objection being made, leave was granted. Mr. SILVESTER-I wish to ask leave of absence for myself for to-morrow and the day after, on account of business which must be attended to. No objection being made, leave was granted. Mr. TAPPEN called up for consideration the resolution offered by him yesterday.

The question was put on the resolution, and it was declared adopted.

Mr. MERRITT-I have a resolution which I wish to offer, which has for its object the facilitating the business of this Convention, and I hope it will meet with the concurrence of the members of this body.

Resolved, That when the Committee of the Whole shall resume the consideration of the article reported by the Committee on the Legislature, its Organization, etc., debate thereon shall be limited to five minutes to one speaker for, and one against each amendment; and after four hours shall have been thus spent, the vote shall be taken on the amendment then pending, and such as may be offered without further debate, and when the article as amended shall have been reported to the Convention, it shall be immediately considered, and be made the special order for each day, immediately after the approval of the Journal, until disposed of.

The hour of two o'clock having arrived, the Convention took a recess until half-past seven o'clock.

EVENING SESSION.

The Convention re-assembled at half-past seven o'clock.

Mr. ALVORD-I desire to move a reconsideration of the vote by which the Convention determined that upon every Monday they would meet at half-past seven o'clock P. M., instead of every alternate Monday, as under the former regulation.

The motion was laid over under the rule.

The PRESIDENT announced the pending question to be on the adoption of the resolution of Mr. Merritt.

Mr. WEED-It certainly seems to me this next is to speak for the other side of the question. resolution should be amended. As I stated, when The great body of the Convention might as well the resolution in relation to the discussion on the have staid at home if this is to be the way report of the Committee on the Right of Suffrage things are to be done, and have let the committees was before the Convention, we have not yet got come here and nobody else. I hope this Conventhrough the first section, and there are other very tion will allow discussions upon subjects we important questions in that report, which cannot have now before us, that are among the most imbe discussed and cannot be understood, by dis-portant that can be discussed in this Convention— cussions of ten minutes in this body. As I un- the representation of the people of the State in derstand the resolution of the gentleman the Senate and Assembly of the State. from St. Lawrence, he proposes to limit the discussion in this Committee of the Whole, upon this question of the change of the districts of members of Assembly in this State, and upon all the important questions in his report, to one speech of five minutes, on the part of the party moving an amendment, and one of five minutes of the opposite side. It seems to me if this report is to be adopted, and we are to consider it, such a resolution as this should not pass. We have discussed for days the first section of the report. I myself have not taken any part in that discussion, and I do not believe that discussion has been prolonged to an improper length upon the question of the organization of the Senate, and now, at this time, instead of a resolution asking for a vote upon the sections we have discussed at a certain hour, and then to proceed to the other sections-we find a resolution here which compels us to limit the debate upon the other and general questions, to five minutes upon a side. It seems to me it is entirely improper. Of course, if the majority see fit to adopt such a resolution, we have but to submit; but it does seem to me, if the gentleman appreciates his report and its import. ance, there should be a graduated scale, and we should have twenty minutes, certainly upon the organization of the Assembly, for a short time at least, so that a man voting upon the subject could understand it properly, or give some reason for his vote. One other reason why I think we should not adopt the resolution-we have had no sort of intimation from the chairman, or the committee he represents, why he makes these changes; there was no written report from that committee giving the reasons for these changes, and I defy him or any other gentleman to give satisfactory reasons in five minutes, and I say it is a shame to try to limit the opposition to that report, or to any section, to a reply of five minutes.

Mr. M. I. TOWNSEND-I do not desire to extend my remarks upon the question before the Convention. I had stated that we had one very important question that we had not discussed at all, the question, that is, the mode of electing our members of Assembly or the popular branch of the Legislature, and that certainly we should need more time than was proposed by this resolution. I do not believe we need be in a hurry about it at the present moment, because I think the right of debate has not been abused, and that we shall get through it without any difficulty if we go on with the business. So believing, I move to lay the resolution on the table.

The question was put on the motion, to lay on the table and it was declared carried, on a division, by a vote of 58 to 22.

Mr. FOLGER-But eighty votes are cast; there is not a quorum voting.

Mr. BARNARD - The President has not voted; his vote will make up a quorum. So the motion was declared carried. Mr. MERRITT Is it proper for me to withdraw the resolution? The PRESIDENT -It is; no action has yet been taken.

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Mr. MERRITTI withdraw the resolution and offer the following as a substitute:

Mr. M. I. TOWNSEND-I hope the resolution will not be adopted. Eminent courtesy has been extended to the gentleman from St. Lawrence [Mr. Merritt] to enable him to speak once, twice, thrice, or as often as he pleased almost, Resolved, That, unless debate shall sooner terwith regard to so much of the report as has minate, the Committee of the Whole shall, at one already been discussed, and I think it comes-my o'clock P. M. to-morrow, rise and report to the friend will pardon me for saying it with an ex- Convention the reported article from the Commitceedingly ill grace from him now, to propose to tee on the Organization of the Legislature, etc., limit this discussion as proposed by this rosolu- with all the amendments made in the Committee tion. For one moment let us look at the position of the Whole, and that the said report of the in which we shall be placed. The individual who Committee of the Whole, with amendments offered happens to catch the eye of the Chair, who has and to be offered, shall be immediately considered the readiest voice and the quickest spring, and and be made the special order for each day, immegets upon the floor and speaks for or against any diately after the approval of the Journal, until proposition, he is to embody the whole mind of disposed of.

the house that can be brought to bear upon the Mr. ALVORD-I am in favor, as much as the subject that happens to be under discussion; and gentleman from St. Lawrence [Mr. Merritt], or the individual who succeeds in getting the floor any other gentleman on this floor, of expediting

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