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 suspen10 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.