No. 134.

IN CONVENTION

November 19, 1867.

REPORT OF THE COMMITTEE ON CANALS AS AMENDED IN COMMITTEE OF THE WHOLE.

ARTICLE.

1 SECTION 1. The Comptroller, Treasurer, and Attorney-Gene2 ral shall be the Commissioners of the Canal Fund; said Commis3 sioners shall have power to appoint and remove all officers who 4 shall be entrusted with the ascertainment, collection and safe 5 keeping of the revenues derived from the tolls on the canals of 6 this State, and with the Auditor of the Canal Department and 7 the Superintendent of Public Works, shall determine and fix the 8 rates of tolls on the canals, which shall not be reduced below the 9 rates fixed for the year eighteen hundred and sixty-seven, until 10 the canal debt, so called, shall have been paid or provided for, 11 except with the concurrence of the Legislature; the Commis12 sioners of the Canal Fund shall also have such further powers [CON. No. 134.]

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18 and duties as now are or may hereafter be prescribed by law,

14 not inconsistent with this Constitution.

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§ 2. The Governor shall nominate and, with the consent of 2 the Senate, appoint an Auditor of the Canal Department, who 3 shall hold his office during the term of five years, at a salary 4 to be fixed by law; and he shall have such powers and perform 5 such duties as now are or may hereafter be prescribed by law 6 and not inconsistent with this Constitution. He may be suspended 7 from office by the Commissioners of the Canal Fund, for incom8 petency, neglect of duty or malfeasance in office, and removed

by the Governor on their recommendation; but no such suspen. 10 sion or removal shall be made unless he shall have been pre11 viously served with a copy of the charges preferred against him, 12 and shall have had an opportunity to be heard in his defense. 13 In case of the suspension or removal of the Auditor of the Canal 14 Department under this section, or his vacation of the office for 15 any cause during the recess of the Senate, the Governor, upon the 16 recommendation of the Commissioners of the Canal Fund, may 17 appoint a proper person to act as such officer during such sus18 pension, or to fill the vacancy occasioned by such removal or 19 vacation of office, and the person so appointed shall hold such 20 office no longer than the duration of the session of the Senate 21 succeeding such appointment.

1 § 3. The Governor shall nominate to the Senate, and with its 2 consent, shall appoint a Superintendent of Public Works, who 3 shall hold office for five years, and whose salary shall be deter4 mined by the Legislature. He shall be charged with the 5 execution of all laws relating to the repairs and naviga6 tion of the canals, and of any improvement that may 7 be authorized by law; and he shall make the rules and regu8 lations for the government of the navigation of the canals. 9 He may be suspended from office and removed by the 10 Governor, on the recommendation of the Commissioners of the 11 Canal Fund, for incompetency, neglect of duty, or malfeasance in 12 office; but no such removal shall be made unless he shall have 13 been previously served with a copy of the charges preferred 14 against him, and shall have had an opportunity of being heard 15 in his defense. In case of the suspension, removal from office, 16 vacation, or inability to serve, from any cause, of the Superintend 17 ent of Public Works, during the recess of the Senate, the Senior 18 Assistant Superintendent of Public Works shall act in his place 19 and stead; but not for a period beyond the end of the session of 20 the Senate next after such suspension, removal, vacation, or ina21 bility to serve. The Governor, upon the recommendation of 22 the Superintendent of Public Works, may nominate, and with 23 the consent of the Senate, appoint four Assistant Superintend24 ents of Public Works, who shall hold their office five years, at 25 an annual salary to be fixed by law; the said Assistant Superin

26 tendents shall be subject to the authority and control of the 27 Superintendent of Public Works, and may be removed by him 28 for cause; all other officers and employees necessary for the care 29 and management of the canals, other than financial officers, may 30 be appointed by the Superintendent of Public Works, subject to 31 removal by him, and he may have such other powers and duties, 32 not inconsistent with this article, as may be prescribed by law.

1 84. The Canal Board and the Contracting Board are abro2 gated; the office of Canal Commissioner and Canal Appraiser 3 are hereby abolished, to take effect on the first day of Janu4 ary, eighteen hundred and sixty-eight. Until the appointment. 5 of a Superintendent of Public Works, as herein provided, and 6 the organization of a Court of Claims, as provided for by this Con7 stitution, the canals of this State shall remain in charge of the 8 officers now in charge of the same, whose powers and duties in 9 relation thereto shall be continued until such Superintendent 10 shall enter upon the duties of his office.

1 $5. No money shall be appropriated or paid by the State, 2 or out of the canal revenues, for the construction or maintenance 3 of any bridge, except for the use of the State, over any. 4 of the completed State canals or feeders? connected there5 with, atany point where a bridge was not ocated and main 6 tained at the expense of the State prior to the first day of Janu-7 ary, eighteen hundred and sixty-seven. Nor for any damages,