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session in the legislative act, would permit continued sessions without limit, and impose the duty on successive Legislatures, by the high obligations of "good faith," to make appropriations for its expenses until the Convention determines to conclude its labors.

I think such a construction is erroneous, and advise you to decline "to pay the members and officers of the Convention for attendance after the time indicated in the act for a submission to the people." With high respect,

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EZRA P. PRENTICE, Esq., President, &c:

DEAR SIR-The time fixed in the act of the Legislature of this State for a submission of the Constitution to the popular vote, having expired, I am advised by the Attorney-General that I cannot legally continue to pay the per diem. of the members and officers and other expenses of the Convention.

Wishing to do everything in my power to facilitate the comple tion of the important work in which the Convention is engaged, I write to ask if your institution will not pay the members and offcers on the presentation of the usual certificates of service, signed by the president, relying upon the Legislature, soon to convene, to sanction such payment, when the proper warrants can be drawn on the treasury. I shall recommend such action in my report, and have no hesitation in expressing the opinion, that the necessary authority will be granted.

(Signed)

Very respectfully, yours,

THOS. HILLHOUSE, Comptroller.

NATIONAL COMMERCIAL BANK,
ALBANY, Nov. 13th, 1867.

Hon. THOMAS HILLHOUSE, Comptroller :

MY DEAR SIR-In reply to your communication of this date, asking this bank to advance such sums as may be necessary to meet the expenses of the Constitutional Convention now in session, in anticipation of legislative appropriation, I have to reply, that I am instructed by the Finance Committee to make such advances, on interest, in the confident assurance that such legislation will not be wanting.

(Signed,)

Yours respectfully,

J. MARTIN,
Cashier.

No. 138.

IN CONVENTION

November 21, 1867.

MINORITY REPORT

FROM THE COMMITTEE ON CITIES-THEIR ORGANIZA. TION AND GOVERNMENT.

The undersigned members of the Committee on Cities, their organization and government, respectfully present, as a minority report, the following article and explanations:

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ARTICLE.

SEC. 1. The executive power in cities shall be vested in a 2 Mayor, who shall be elected by the electors of the city, and shall 3 hold his office for one year. He shall take care that the laws 4 and city ordinances are faithfully executed. 'He shall receive at 5 stated times for his services a compensation to be established by 6 law, and which shall be neither increased nor diminished dur7 ing the period for which he shall be elected. He shall not receive 8 during that period any other emolument from the city, nor shall 9 he hold any other office.

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1 SEC. 2. Any Mayor may be removed by the Governor, but 2 only after due notice and an opportunity of being heard in 3 defense, and for causes to be assigned in the order of removal. 4 In case the office of any Mayor shall become vacant before the 5 expiration of the term for which he was elected, the Governor 6 shall fill the vacancy until the next annual charter election.

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SEC. 3. Except in the cities of New York and Brooklyn, the 2 legislative power shall be vested in a Board of Aldermen. Their 3 number, the mode of their election and their term of service 4 shall be prescribed by law. In New York and Brooklyn the 5 legislative power shall be vested in a Common Council composed 6 of a Board of Aldermen and a Board of Assistant Aldermen. 7 The Board of Aldermen shall consist of eleven members, to be 8 chosen by such of the electors of the city at large as shall have 9 paid individually, during the year preceding the election, a tax 10 on property officially valued at not less than one thousand dol11 lars. They shall be classified so that five Aldermen shall go out 12 of office at the end of one year, and six at the end of two years, 13 and at the end of their respective terms, under such classification, 14 the term of office shall be two years. The Board of Assistant 15 Aldermen shall consist of twenty-one members, each represent16 ing a separate district. They shall be chosen annually by the 17 electors of their respective districts.

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