Imagens das páginas

ty years. Railroads, on the other hand, have quantity, would require the arrival each way vastly increased and will continue to increase. only fourteen trains per day. The records in the office of the Secretary of State if the trains were but half as large, say fin show that 248 companies have been organized in cars of ten tons each, the general result would this State since the passage of the General Rail- varied but little. It would be the additional e road Act, in 1848, with an aggregate capital of pense of the motive power only. $236, 903, 000, and length of roads 6, 9674 miles. Such are 'the probabilities and prospects In the United States there are now about railroad transportation. Nothing can be clear 38,000 miles of railroad.

than that such transportation, at rates favorab It is plain to be seen that railroads are superse to the companies and to the public, can be mad ding canals in every section of the country. to outstrip any conceivable demand. Nor is it 1 Speed is now the great desideratum of the times. bo doubted but that our people will find or mak This is demonstated by the transportation throngh a way for the realization of these advantages our State. The freight, including tolls, on all of whatcver the impediments which a mistake our canals the last year, as appears by the Audi. policy may for the time interpose. tor's report, was $10,160,051. During the same

FREEMAN CLARKE. year, the receipts for carrying freight on the Erie and New York Central roads alone were $21,282, The PRESIDENT — The minority report just 943.

read, will be referred to the Committee of the More business could probably be forced upon Whole and be printed. the canals by imposing tolls on railroad freight, Mr. LAPHÁM - The Committee on Canals but it would be unwise to do so. There are coin closed their labors last evening, and this morning peting thoroughfares to the sea-board, our natu- took up and perfected the article which they have ral advantages are very great, but in order to concluded to recommend for the consideration of retain our supremacy we should refrain from the Convention; but as the evidence wbich has imposing restrictions tending to depress individual been taken before the coromittee has not yet been or corporate enterprise.

written up by the stenographer, the report that Great advances have already been made in the we design to accompany the article is not yet fully construction aud managemeut of railroads, but so completed. We ask, therefore, in view of the far as the business of freight is concerned, they fact that the elaborate reports which have just are comparatively in their infancy. The time is been read deal somewhat extensively with the subnot far distant when railroads will as effectually ject of the canals, to place our report on file; and supersede other methods of carrying freight, as in connecton with that we ask leave to add to the they have already other modes of carrying passen- report the reasons which we assign for the article gers. The freight business through this State will we report at a subsequent day. As the article has soon demand (and individual enterprise will meet not been engrossed, I ask that a member of the the demand) a double track railroad, exclusively committee read it from the draft to the Convenfor freight, from New York to Buffalo, and ere tion. long to counect with the Pacific road.

There being no objection, Mr. ALVORD read The capacity of such a road will meet all the the article reported by the Committee on Canals requirements of our internal commerce for the as follows: ucxt fifty years. The canals and railroads, run. ning both passenger and freight trains, could not

ARTICLE successfully compete with it. On a road substan Section 1. The Comptroller, Treasurer, and Liully built, with grades not exceeding ten feet to Attorney-General shall be the Commissioners of the mile, trains of one huudred cars, carrying ten the Canal Fund; said Commissioners shall have tous ou each car, could be drawn by a single power to appoint and remove all officers who shall eugiue. Trains could be multiplied to any extent be intrusted with the ascertainment, collection that business shonld require. Two huudred trains and safe keeping of the revenues derived from going up and two hundred trains going down the tolls on the canals of this state, and with the could be upon the road at the same time, carrying Auditor of the Canal Department and the Super. one thousand tons each, and not occupy more intendent of Public Works, shall determine and than forty-eight hours from Buffalo to New fix the rates of tolls on the canals, wliich shall York, one hundred trains arriving at each not be reduced below the rates fixed for the year terminus in every twenty-four hours. This eighteen hundred and sixty-seven, until all liabiliwould give an aggregate for the year of 73,000,- ties and debts recognized by this article shall have 000 tons, which at $2 per ton (or about $1 per been paid or provided for ; the Commissioners of ton over tolls now paid on the canal), the gross the Canal Fund shall also have such further yearly receipts of the road would amount to powers and duties as now are, or may hereafter $146,000,000.

be prescribed by law, not inconsistent with this There is not, of course, any probability of there Constitution. being any such quantity of freight to be carried, 82. The Governor shall nominate and with the for a generation to come. The estimate is made consent of the Senate, appoint an Auditor of the in order to show the capacity of a road of that Canal Department, who shall hold his office during character. If, however, such a road should be the term of five years, at a salary to be fixed by law; constructed, it would be safe to say that it would and he shall have such powers and perform such carry 10,000,000 tuns the first year after its com- duties as now are or may hereafter be prescribed pletion, or what would be equivaleut to that by law and not inconsistent with this article. He amount of through freight. To transport that may be suspended from office by the Commission.

ers of the Canal Fund for incompetency, neglects hold their respective offices until, and including of duty, or malfeasauce in office, and removed by the thirty-first day of December, eighteen hunthe Governor on their recommendation; but no dred and sixty-seven, and no longer. such suspension or removal shall be made $ 5. No moneys shall be appropriated or paid unless he shall have been previously served by the State, or out of tho canal revenues, for with a copy of the charges preferred against him, the construction or maintenance of any bridge and shall have had an opportunity to be leard over any of the State canals or feeders connected in his defense. In case of the suspension or therewith, at any point where a bridge was not removal of the Auditor of the Canal Department located and maintained at the expense of the under this section, or his vacation of the office State prior to the first day of January, 1867. for any cause during a recess of the Senate, the Nor for any damages or injury sustained in the Governor, upon the recommendation of the Com- navigation or use of any of the canals of this missioners of the Canal Fund, may appoint a State, or feeders or structures connected thereproper person to act as such officer during such with. Nor for any damage or injury caused by suspension, or to fill the vacancy occasioned by any breakage or defect in any of the State such removal or vacation of office, and the person canals, feeders or structures connected thereto appointed shall hold such office no longer than with. Nor for any damage or injury arising the duration of the session of the Senate suc from, or on account of the coustruction or mainceeding such appointment.

tenance of any of the State canals, feeders or 83. The Governor shall nominate to the Sen structures connected therewith. Nor for any ate, and with its consent, shall appoint a Superin- extra allowance or compensation to any person tendent of Public Works, who shall hold office for for, or upon, any contract after the services shall eight years, and whose salary shall be determined have been rendered, or contract entered into. by the Legislature. He shall be vested with the The immunity of the State shall not at any time control of all matters relatiog to the repairs and be waived by the Legislature, or any public keeping in navigable order of the.canals, and of officer or body. But nothing in this section conaby improvement that may be authorized by law, tained shall be construed to prohibit the payment and of the rules and government of their naviga- of just compensation for property or water approtion. He may be suspended from office and priated, provided the demand for such compensaremoved by the Govervor, on the recommendation Lion be made within three years after the approof the Commissioners of the Canal Fund, for incom- priation. peteccy, neglect of duty, or malfeasance in

$ 6. The canal stock debt conOttice; but no such removal shall be made tracted prior to the first of June, unless he shall have been previously served 1846, amounting on the first day with a copy of the charges preferred against of May, 1867, to,..... him, and shall have had an opportunity of being the canal enlargement delst

$3,265,900 00 beard in his defense. In case of the sus

amounting at the time aforepension, removal from office, vacation, or inability

said to,.....

10,807,000 00 to serve, from any cause, the Superintendent of the floating debt loan, contracted Public Works, during the recess of the Senate,

under the provisions of chapter the Senior Assistunt Superintendent of Public

271 of the laws of 1859, Works shall act in his place and stead; but not

amounting at the time afore. for a period beyond the session of the Senate next

said to,..

1,700,000 00 after such suspension, removal, vacation, or inability to serve. The Governor, upon the recom

$15,772,900 00 mendation of the Superintendent of Public Works, may nominate, and with the consent of the Senate, shall hereafter be known and designated as the appoint four Assistant Superintendents of Public canal debt; and the several sinking funds appliWorks, who shall hold their office eight years, at cable to the payment of the said debts, amountan annual salary to be fixed by law; the said ing at the time aforesaid to the sum of $2,010,assistant superintendents shall be subject to the 734.35, together with the contributions to be authority and control of the Superintendent of Pub- made thereto, and the income thereof, shall be lic Works, and may be removed by him for cause; known and desiguated as the canal debt sinking all other officers and employees necessary for the fund. care and management of the canals, other than 8 7. After paying the expenses of collection, financial officers, may be appointed by the Super- superintendence and repairs of the canals of the intendent of Public Works, subject to removal by State, the surplus revenue thereof shall in each him, and he may have such other powers and year, commencing with the year eighteen hunduties, not inconsistent with this article, as may dred and sixty-seven, be set apart and paid into be prescribed by law.

the canal debt sinking fund; and the principal § 4. The Canal Board, the Contracting Board and income of said fund shall be annually approand the powers and duties of the office of State priated and applied to the payment of the canal Engineer and Surveyor, as applicable to the and general fund debts, and to the improvement canals, are abrogated; the office of Canal Commis- of the canals, in the following manner and order, sioner and Canal Appraiser are hereby abolished, until the said debts have been paid and such imto take effect on the first day of January, provements as herein stated shall have been comcighteen liundred and sixty-eight. The Canal pleted: Commissioners and Canal Appraisers in office at First, To pay the principal and interest of the lle time of the adoption of this Constitution, may canal debt falling due within the year.


Second, to pay the interest on the general existing debt of the State, until the same shall fund debt due within the year.

fully paid. Third, To pay the expense of completing the S 10. The Legislature shall not sell, lease enlargement of the locks on the Champlain canal

, otherwise dispose of any of the canals of tl and the deficiency, if any, of enlarging the prism State, but they shall remain the property of 1 of said canal, as provided by chapter one hundred State and under its management. and eighty-six of the Laws of eighteen hundred The PRESIDENT— The report will be referr and sixty-four, not exceeding the sum of three to the Committee of the Whole and be printed. hundred thousand dollars in the aggregate, for Mr. SCHOONMAKER, from the Committee such improvements.

Canals, submitted the following minority repor Fourth, After complying with the foregoing The undersigned, a minority of the Committu provisions of this section, the residue of said sink. on Canals, dissenting from some of the concl ing fund, or so much thereof as may be necessary, sions of the majority of said committee, ask leay shall be annually appropriated to pay the expense respectfully to of removing the wall benches and furnishing all

REPORT: necessary supplies of water upon the Erie canal, That they dissent from so much of the repo of enlarging such of the bridges and aqueducts, of the majority of said committee, as recommend and the approaches leading thereto, as may be that the care and management of the canals I necessary upon the Erie, Oswego, and the Cayuga intrusted to one Superintendent of Public Work: and Seneca canals, and of constructing one tier of with four Deputy Superintendents under him, a locks from the materials in the present locks to be appointed by the Governor, by and with th (80 far as the

shall be sufficient, advice and consent of the Senate. and when insufficient to supply the deficiency The undersigned fully concur with the majority with new materials) upon the said canals, in the necessity of changing the present manage of such dimensions as will admit the con- ment of the canals, and of coucentrating powe venient passage of boats the entire length of said and responsibility. We believe that the division canals, twenty-three feet in width and two hun- of power, as existing under the present system dred feet in length, and drawing six feet of water, has destroyed all feeling of responsibility, and ha: propelled by steam or otherwise; the total ex been the cause of much of the laxity in the care pense of all such improvements shall uot exceed and management of the public works. We, how the sum of $8,000,000 in the aggregate. The work ever, differ from the majority in the matter of shall be confined within the present limits of said detail. canals, except so far as it may be necessary to The majority seek to create a one man power, bring in additional supplies of water; shall be appointed by the Executive, by and with the commenced in the year 1868, and shall be com- advice and consent of the Senate, but without pleted under the supervision and direction of the direct responsibility to the people, and holding Superintendent of Public Works, as soon as the the patronage of one thousand miles of canals, surplus revenues of the canals, as herein pro- and with thousands of men depending upon his vided, can accomplish the same, without mate- fiat for their daily bread. In these days of laxity rial interruption to the navigation on said in official morals, it is truly a fearful power to be canals ; except as provided in this article, the placed in the hands of any man. It is a power general width and depth of said canals shall which, in the hands of a designing politician, remain as at present existing and authorized by can be used to control political nominations and law.

elections. It is unnecessary to dilate upon the 8 8. After the payment of the canal debt, or dangers of such an overshadowing one man after a sum sufficient shall have accumulated in power. Its extent must be apparent to any the sinking fund to accomplish that object, the reflecting mind. general fund debt, now amounting to $5,642,622.22, It is true, the evils to be remedied are great and shall be paid from the caual debt sinking fund. of vital importance, but the question arises, is it If at any time the said fund shall prove insufficient necessary to resort to such hazardous remedy? to pay the interest or principal of the capal and The undersigned think not, and believe it to be geveral fund debts, as provided in sections seven both unwise and unnecessary, because, it is a and eight of this article, the deficiency shall be fundamental principle in government, that to create supplied by loan upon the credit of the said sink. a proper and efficient responsibility, more must ing fund. In case such deficiency cannot be so not be required of the agent than he will be able supplied at a satisfactory rate of interest, the well and efficiently to superintend and direct, perLegislature shall make other provision therefor, so sonally. His subordinates must be the men who as to fully preserve the public faith.

do the work in pursuance of his directions and $ 9. Every contribution or advance to the under his personal supervision. Then, there is a canals of this state made since June one, eight- responsibility, coupled with a power of execution. een hundred and forty-six, or which may here. That is not the case when you commit the charge after be made, from any source except their direct of one thousand miles of canal to one person. He revenues, shall

, with interest thereon at current cannot personally supervise and control the rates, be repaid into the treasury of the State out whole. The superintendence and control of secof the canal revenues, as soon as the same can be tions must necessarily be intrusted to subordidone consistent with the provisions of this article. nates, and the success of the management is en. All sums so paid shall

, together with all surplus tirely dependent upon the manner in which the revenues thereafter derived from the canals, be subordinates perform their duty. The responsi. applied exclusively to the payment of any then I bility, therefore, thus created, is simply the legal,

technical responsibility of a principal for the acts | years, and the term of office of the first four to bo of omission and commission by his subordinates. so arranged, at the time of their appointment, That responsibility is not, and never can be, so that the term of one will expire at the end of greatly felt or appreciated by the agent, as when every two years. We also suggest, for the conthe responsibility is in reference to his own acts. sideration of the Convention, that the salary be

The undersigned seek to obviate this objection fixed at $5,000, as being a sum sufficient to comand bring the responsibility directly to the officer, mand the requisite talent and executive ability by creating, instead of one, four Superintendents for the position. A less amount would undoubtof Public Works, and dividing the cauals into four edly procure incumbents, but would not command distinct sections, each section to be assigned spe- the requisite ability and talent. cially to the care, management, and control of one With these suggestions thereupon, tho underof the superintendents. Each superintendent signed recommend the following sections as a subcan then personally superintend and frequently stitute for section three of the article recommendinspect every part of the particular section as- ed by the majority of the Committee on Canals. signed to him, and for the entire care, manage § 3. The general care and superintendence of ment, and good government of which he is to be the canals, feeders and structures connected held responsible. The division of the canals into therewith, and the control of all matters relating four sections will bring the work to be performed to their repair and maintenance, and keeping by each superintendent within the compass of his them in navigable order, shall be vested in four ability, so as to create a direct personal responsi. Superintendents of Public Works, to be elected bility, without the power to shift it upon sub- as hereinafter provided. The said superintendents ordinates.

shall together constitute a board, to be called the The pationage of the canals is, we know, a fear. Board of Superintendents of Public Works, and shall iul power, in the hands of one or more designing have the general direction and control of all extrapoliticians, acting in concert. But it is one which ordinary improvements of the canals, feeders or must of necessity exist, and be lodged somewhere; structures connected therewith, that may be auand we believe it to be more safe divided be thorized by law; and it shall be their further duty tween four than concentrated in a single head. to prescribe all proper and necessary rules and

At the same time that we, in the plan proposed regulations to control and regulate the navigaby us, give each superintendent the entire charge tion and use of the State canals, and the feeders of the section assigned to him, in order to make and structures connected therewith. It shall responsibility complete we propose to vest in also be the duty of said board, to divide the said him the entire power of appointmont and removal canals and feeders into four divisions, as nearly over his subordinates.

equal as may be, and assign the special charge and The rules and regulations needful to control and superintendence of one of said divisions to one regulate the navigation and use of the canals, of the superintendents, so that each superintenfeeders and structures connected therewith, dent shall have the charge of one division. should be uniform throughout their entire extent; The superintendent in charge of a division and, therefore, the undersigned propose to create shall have the entire charge, care and control of the Board of Superintendents

, to be composed of all matters relating to the repairs and maintethe four superintendents, whose duty it shall be nance of the division under his charge, and it to make and prescribe all such regulations and shall be his duty to keep the same in good and rules, and shall also divide the canals into four navigable order, and see that all the rules and appropriate sections, and assign one of their regulations prescribed by the Board for the navinumber to each section. We propose, also, that gation and use of the canals, their feeders in case any extraordinary improvements are au- and structures, shall be observed and enforced. thorized or directed by the Legislature in relation He shall also select and appoint all officers and to the canals, that the general direction of that employees necessary for the proper discharge of shall be under the control of the Board of Super. his duties upon his division, and remove them at intendents.

pleasure. The rate of compensation and salaries of With these views, the undersigned recommend such officers and employees shall be regulated and the adoption of their substitute by the Conven- fixed by the Board. ` It shall be the duty of each tion, as being safe and more efficient, and creat- superintendent to tako the personal charge and ing a more direct responsibility in execution. superintendence of the particular division assigned

The undersigned also dissent from the report to him, and at least once in every month during of the majority as to the manner of selecting the the season of navigation, and as much oftener as may officials to be charged with the care and manage- be necessary, pass over and personally inspect the ment of the canals. The majority intrust it to entire division under his charge. Each superinthe Governor and Senate, we recommend it to be tendent shall be entitled to an annual compensaplaced in the hands of the people, the source of tion of $5,000, in full of all services and personal all power.

expenses, to be paid out of the canal revenues, in In order to avoid the necessity of a special quarterly payments. election, and at the same time inaugurate the $ 4. The Legislature shall, at its first seg. new system as early as practicable, we recom-sion after the adoption of this Constitution, mend the appointment of the first Board of Super. and as soon after the commencement thereof intendents by the Legislature in joint ballot. as practicable, elect, by joint ballot of the After that, at the expiration of every two years, Senate and Assembly, four Superintendents one superintendent to be elected by the people. of Public Works, one to hold his office for two The entire term of a superintendent to be eight years, one for four years, one for six years, and

one for eight years, from the thirty-first day of preported by the minority and read by the Secre December, 1867. And thereafter at each gen- tary, will be referred to the Committee of the eral election next preceding the expiration of the Whole and be printed. term of office of any of said superintendents, a Mr. SEYMOUR - On behalf of Mr. Bergen and Superintendent of Public Works shall be elected to myself, members of the same committee, I wish fill the vacancy, and hold his office for the term of to say that we differ from the majority of the comeight years from the 31st day of December next mittee in reference to the appointing the SuperinBucceeding such election. In case a vacancy shall tendents of Pub Works, and we ask permission occur in the office of superintendent by reason of at some future day, but very soon, to present our death, resignation, or removal from office, the views on the subject, with an article framed acplace shall be temporarily supplied by appoint- cordingly. ment by the Governor until the vacancy shall be Mr. SEAVER, from the Committee on Printing, supplied by the Legislature.

submitted the following report: The Legislature shall, as soon after the occur. Your committee, to whom was referred the rence of such vacancy as may be, proceed, by joint resolution for the printing of two thousand extra ballot, to appoint a superintendent to hold the copies of the report of the standing committee on office and discharge its duties for the unexpired" Town and County Officers, other than Judicial," term. Any of the Superintendents of Public Works would respectfully reconimend the adoption of the may, for good cause shown, be suspended or re. following resolution: moved from office, by the Governor, upon the rec. Resolved, That there be printed of the report of ommendation of the Board of Superintendeuts, or the standing committee on " Town and County any two of said superintendents, or upon the recom. Officers, other than Judicial," etc., recommending mendation of the Commissioners of the Canal Fund, an article of constitutional amendment, two thou. for incompetency, neglect of duty or malfeasance in sand extra copies for the use of the Convention. office. But no removal shall be made unless the

J. J. SEAVER, Chairman. officer complained of shall have been served with a copy of the charges preferred against him Mr. ELY-Allow me to say, sir, that the comand he shall have had an opportunity of being mittee recommend the printing of this report in heard in his defense. During suspension, the order that it may be sent throughout the State, so Board of Superintendents may designate some as to elicit comments and criticism on the radical person, temporarily, to perform the duties of the changes which are proposed by the committee. superintendent suspended.

Mr. E. BROOKS-I move to amend the resoluAll which is respectfully submitted.

tion as proposed by the committee, by striking M. SCHOONMAKER, out “two thousand" and insert “one thousand,"

M. B. CHAMPLAIN, so it shall provide for the printing of ouly one In preference to majority report. thousand extra copies. I wish to say to the ConABRAHAM B. TAPPEN. vention, having had some experience in regard to

the priuting of extra documents, that if we comThe PRESIDENT-The minority report will melice upon this system of printing large numbers be referred to the Committee of the whole and of these documents upon motion, and deem it be printed.

necessary to circulate these documents throughMr. TAPPEN-As a minority of the committee. out the State, we shall involve the State in an I desire to submit an article that we propose upon immense expenditure of money. We have been the subject of the lateral canals. I desire to defer bearing reports read for some three hours this until some future time the statement of the rea- morning; they are to be printed and they are of sons for the article.

a very interesting character, but so much of them The SECRETARY proceeded to read the article as relates to local interests will be printed in the reported by Mr. Tappen in words, the following: respective journals of the State; and I do not

Tho undersigued, a minority of the Committee deem it necessary for our information or the inforon Canals, respectfully report the following as an mation of the people at large that this Convention additional section to the

should take action in reference to this extra

number of copies, for I know from experience ARTICLE

that the amount of money which will be taken $ 11. The total annual expenditure upon any from the treasury of the State will be enormous lateral canal for collection, superintendence, re- in proportion, and will be beyond the comprehenpairs and management, shall not, from and after sion of gentlemen who have not had experience the first day of May, 1874, exceed the tolls upon in that matter. and other sources of income of such canal, in Mr. SHERMAN - I regard the report, of which cluding in such income the tolls upon the Erie it is proposed to print extra copies, as one of the canal on all property passing from or through most important which will be presented to this such lateral canal, except so far as any of said Convention. It contains very many of the elements lateral canals or parts thereof may be necessary for the cure of the evils admitted to exist from as feeders of water to the canals named in the special, class and corrupt legislation; and on our seventh section of this article.

success in providing a remedy for this evil, will A. B. TAPPEN, depend more than any other measure the fate of M. SCHOONMAKER, the Constitution we shall adopt. The report should T. G. BERGEN. be spread broadcast over the State, that it may be

examined and criticised, and for this reason I The PRESIDENT-The additional article advocate the printing of the larger number.

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