Imagens das páginas
PDF
ePub

1 Sec. 12. The Legislature shall not audit or allow any private 2 claim or account against the State, or pass any special law in 3 relation thereto, but may appropriate money to pay such claims 4 as shall have been audited and allowed according to law.

1

SEC. 13. There shall be a court of claims, to consist of three

2 judges, to be appointed on the nomination of the Governor, by 3 and with the advice and consent of the Senate, in which court

4 shall be adjudicated all such claims against the State as the

5 Legislature shall, from time to time, by general laws direct.

6 Such claims shall be tried without a jury, but the facts found

7 by the court on the proofs shall be stated in each adjudication.

8 In all cases where such claims shall amount to five hundred dol

9 lars or more, and be for the value of or damages to real estate,

10 the judges of said court sball, and in all other cases, may view

11 the property in question, and in deciding thereon shall consider

12 their own estimate of such value or damages in connection with

13 the evidence in the case. In all other respects such court shall 14 be governed in its adjudications by the legal rules which have 15 heretofore existed between the State and its citizens, according 16 to the course and practice of the common law as modified by the 17 statutes of this State. The statute of limitations shall prevail

18 in favor of the State the same as in favor of individuals. The

19 jurisdiction of such court shall be exclusive, and its decisions

20 may be reviewed on the law on appeal to the Court of Appeals.

21 The judges of said court shall hold their offices for the term of

22 five years, unless sooner removed according to law, and shall

23 severally receive at stated times for their services a compensation

24 to be established by law, which shall not be increased or dimin

25 ished during their continuance in office.

1

Sec. 14. There shall be a solicitor of claims, to be appointed

2 in the same manner as the judges of the court of claims, whose

3 duty it shall be to take charge of the interests of the State in all 4 matters depending before the court of claims. Such solicitor

5 may be removed by the Governor for incompetency or neglect

6 of duty, upon the recommendation of said court, and whenever,

7 in the judgment of the Legislature, the office of solicitor of 8 claims shall be or become unnecessary, they may abolish the 9 same by law.

1

SEC. 15. The Legislature shall not grant any extra compen

2 sation to any public officer, servant, agent or contractor after 3 the service shall have been rendered, or the contract entered into,

4 nor increase or diminish the compensation of any public officer,

5 agent, contractor or servant, except judicial officers, during his

6 time of service.

of the

1 Sec. 16. The Legislature shall not sell, lease, or Referred to

Committee 2 otherwise dispose of any of the canals or salt springs Whole on 3 of the State, but they shall remain the property of the Springs:

Canals, and
Select Com.

3 or on behalf of this State, unless such debt shall be authorized

4 by a law for some single work or object to be distinctly specified 5 therein; and such laws shall impose and provide for a collection 6 of a direct annual tax to pay, and sufficient to pay the interest 7 on such debt as it falls due; and also to pay and discharge the 8 principal of such debt within eighteen years from the time of the

9 contracting thereof. No such law shall take effect until it shall

10 at a general election have been submitted to the people, and have 11 received a majority of all the votes cast for and against it at such

12 election. On the final passage of such bill in either house of

13 the Legislature, the question shall be taken by ayes and noes, to

14 be duly entered on the journals thereof, and shall be:

Shall

15 this bill pass and ought the same to receive the sanction of the

16 people?” The Legislature may at any time after the approval

17 of such law by the people, if no debt shall have been contracted 18. in pursuance thereof, repeal the same, and may at any time by

19 law forbid the contracting of any further debts under such law;

20 but the tax imposed by such act, in proportion to the debt and

21 liability which may have been contracted in pursuance of such 22 law, shall remain in force and be irrepealable and be annually

23 collected until the proceeds thereof shall have made the pro

24 vision hereinbefore specified to pay and discharge the interest 25 and principal of such debt and liability. The money arising 26 from any loan, or stock creating such debt or liability, shall be 27 applied to the work or object specified in the act authorizing

28 such debt or liability, or for the repayment of such debt or lia29 bility, and for no other purpose whatever. No such law shall

30 be submitted to be voted on within three months after its pass

31 age, or at any general election when any other law, or any bill, 32 or any amendment to the Constitution shall be submitted to be

33 voted for or against.

1

$ 12. Every law which imposes, continues or revives a tax,

2 shall distinctly state the tax and the object to which it is to be 3 applied; and it shall not be sufficient to refer to any other law

4 to fix such tax or object.

1

$ 13. No deficiency loan shall be made by or on behalf of 2 the State, for a longer period than is necessary to enable the 3 sinking fund provided for its payment, to accumulute an amount 4 sufficient to discharge it; and in no case sball such loan be made

5 for more than six years.

1

$ 14. The seat of Government of the State is hereby perma

2 nently located at the city of Albany, but the rebuilding of a

3 new capitol shall not be undertaken within ten years from the 4 adoption of this Constitution, nor shall any money be hereafter 5 appropriated for that object until the expiration of that period.

Under the head of general amendments, Mr. A. F. ALLEN offered the following:

[blocks in formation]

The Legislature, at the first session thereof after the

.

2 adoption of this Constitution, shall provide by law for a uniform 3 rate of assessment and taxation upon all property within this

4 State (and not in transitu), including all debts, whether such pro

5 perty or debts be owned by or due to residents or nonresidents 6 of this State, against the persons in the possession or having the

7 control thereof, without any deduction from the value thereof 8 for any debts due or to become due from such persons, and for

9 requiring from every person within this State a sworn statement,

10 at the cash value, of all taxable property or debts in the posses11 sion or under the control of such person.

i § . The Legislature shall not hereafter exempt any pro2 perty or class of property from taxation, except such as is not

3 expressly exempted by the statutes of this State.

Mr. RUMSEY moved to amend the amendment proposed by Mr. Allen by inserting after the word “persons," in line 8, the following:

“Except such debts as in the sworn statements hereinafter mentioned, shall be particularly set out with the name of the creditor, his residence, the date, amount, consideration and form of such indebtedness, and when the same will become due."

The question pending is the adoption of the foregoing amendment offered by Mr. Rumsey.

« AnteriorContinuar »