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8 structed, be previously had and obtained for that purpose; or

9 in case the consent of such property owners be not obtained, 10 then with the consent of the general term of the Supreme Court

11 of the district in which such road shall be located to be first

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12 obtained; such consent to be obtained and authenticated in such

13 manner as the Legislature shall by general law for that purpose 14 provide. The franchise allowing such railroad to be operated, 15 when the same shall be wholly or principally operated within 16 the limits of any city or incorporated village, shall be sold at 17 public auction to the bidder who will build and operate said road

18 at the lowest fare, which fare shall never be increased, after three

19 months public notice, describing the route of such railroad, in 20 the State paper, and in such newspapers in the city or village 21 where said railroad shall be located as the Legislature shall

21 direct


Sec. 18. No office shall be created for weighing, gauging,

2 culling or inspecting merchandise, manufactures, produce or 3 commodity whatever, but nothing in this section contained shall

4 affect any office created for the purpose of protecting the public

5 health or the interests of the State in its property, revenue, tolls

6 or purchases, or of supplying the people with correct standards 7 of weights and measures, or shall prevent the creation of any 8 offices for such purposes hereafter.

1 Sec. 19. The Legislature shall provide for the speedy pub 2 lication of all statute laws and of such judicial decisions as it 3 may deem expedient. And all laws and judicial decisions shall

4 be free for publication by any person.

1 SEC. 20. No local or private bill shall be passed by the Leg. 2 islature unless notice of the intention to apply therefor shall 3. have been given in the manner now or hereafter to be provided 4 by law, and no action of the Legislature shall be deemed or 6 taken as a waiver of such notice, nor shall the Legislature in

6 any manner waive the same.


Sec. 21. The Legislature shall not pass local or special laws

2 in either of the following cases :


Granting divorces; 4 Authorizing the sale, mortgaging or leasing of the real prop5 erty of minors or other persons under disability;


Changing the names of persons; 7 For laying out, working or discontinuing public or private 8 roads or highways; 9 For granting to any individual, association or corporation the 10 right to lay down railroad tracks in any locality within this

11 State;


Releasing the right of the State to lands acquired by escheat

13 or forfeiture by reason of alienage;


Giying effect to informal or invalid deeds or wills;

15 Regulating or prohibiting the sale of intoxicating or other 16 beverages, except it may pass laws on this subject which may

17 contain special provisions as applicable to all cities, or all incor

18 porated villages, or all towns in the State. In any case for 19 which provision has been made by any existing general law. 20 And the Legislature shall pass general laws providing for

21 the cases enumerated in this section, and for all other cases where

22 a general law can be made applicable.

No. 137.


November 20, 1867.



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President of the Constitutional Convention: DEAR SIR-I inclose herewith, for the information of the Convention, copies of a correspondence with the Attorney-General ralative to the power of the Comptroller to continue the payment of the expenses of the Convention after the expiration of the time fixed in the act of 1867 for a submission of the Constitution to the popular vote. You will notice that the Attorney-General is of the opinion that my authority to pay under the act referred to has ceased, and that it can only be revived by the Legislature.

In consequence of this decision of the law officer of the State, I do not feel willing to take the responsibility of continuing to draw warrants on the treasury for the payment of the expenses of the Convention, without further legislative action. Desirous, however [Con. No. 137.]


of doing everything in my power to facilitate the completion of the important work on which the Convention is engaged, I have ascertained, as will be seen from the enclosed correspondence with E. P. Prentice, Esq., President, &c., that the Commercial Bank of this city, if the Convention thinks it proper to accept the offer by resolution or otherwise, will on its own responsibility pay the usual certificates of service issued to members and officers, and signed by the President, relying on the Legislature to provide for the repay. ment of the amount thus advanced, with interest.

Hoping that this disposition of the subject will be approved of by the Convention,

I am, very respectfully, yours,



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