ty years. Railroads, on the other hand, have vastly increased and will continue to increase. The records in the office of the Secretary of State show that 248 companies have been organized in this State since the passage of the General Railroad Act, in 1848, with an aggregate capital of $236, 903, 000, and length of roads 6, 967 miles. In the United States there are now about 38,000 miles of railroad. quantity, would require the arrival each way of only fourteen trains per day. If the trains were but half as large, say fifty cars of ten tous each, the general result would be varied but little. It would be the additional expense of the motive power only. Such are the probabilities and prospects of railroad transportation. Nothing can be clearer than that such transportation, at rates favorable It is plain to be seen that railroads are superse- to the companies and to the public, can be made ding canals in every section of the country. to outstrip any conceivable demand. Nor is it to Speed is now the great desideratum of the times. be doubted but that our people will find or make This is demonstated by the transportation through a way for the realization of these advantages, our State. The freight, including tolls, on all of whatever the impediments which a mistaken 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 year, the receipts for carrying freight on the Erie and New York Central roads alone were $21,282, 943. More business could probably be forced upon the canals by imposing tolls on railroad freight, but it would be unwise to do so. There are competing thoroughfares to the sea-board, our natural advantages are very great, but in order to retain our supremacy we should refrain from imposing restrictions tending to depress individual or corporate enterprise. Great advances have already been made in the construction and management of railroads, but so far as the business of freight is concerned, they are comparatively in their infancy. The time is not far distant when railroads will as effectually supersede other methods of carrying freight, as they have already other modes of carrying passengers. The freight business through this State will soon demand (and individual enterprise will meet the demand) a double track railroad, exclusively for freight, from New York to Buffalo, and ere long to counect with the Pacific road. FREEMAN CLARKE. The PRESIDENT-The minority report just read, will be referred to the Committee of the Whole and be printed. Mr. LAPHAM - The Committee on Canals closed their labors last evening, and this morning took up and perfected the article which they have concluded to recommend for the consideration of the Convention; but as the evidence which has been taken before the committee has not yet been written up by the stenographer, the report that we design to accompany the article is not yet fully completed. We ask, therefore, in view of the fact that the elaborate reports which have just been read deal somewhat extensively with the subject of the canals, to place our report on file; and in connecton with that we ask leave to add to the report the reasons which we assign for the article we report at a subsequent day. As the article has not been engrossed, I ask that a member of the committee read it from the draft to the Convention. There being no objection, Mr. ALVORD read the article reported by the Committee on Canals ARTICLE The capacity of such a road will meet all the requirements of our internal commerce for the as follows: next fifty years. The canals and railroads, running both passenger and freight trains, could not successfully compete with it. On a road substan- SECTION 1. The Comptroller, Treasurer, and tially built, with grades not exceeding ten feet to Attorney-General shall be the Commissioners of the mile, trains of one hundred 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 engine. Trains could be multiplied to any extent be intrusted with the ascertainment, collection that business should require. Two hundred 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 Superone 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, which 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 73,000,000 tons, which at $2 per ton (or about $1 per ton over tolls now paid on the canal), the gross yearly receipts of the road would amount to $146.000.000. There is not, of course, any probability of there being any such quantity of freight to be carried, for a generation to come. The estimate is made in order to show the capacity of a road of that character. If, however, such a road should be constructed, it would be safe to say that it would carry 10,000,000 tons the first year after its completion, or what would be equivalent to that amount of through freight. To transport that ties and debts recognized by this article shall have been paid or provided for; the Commissioners of the Canal Fund shall also have such further powers and duties as now are, or may hereafter be prescribed by law, not inconsistent with this Constitution. § 2 The Governor shall nominate and with the consent of the Senate, appoint an Auditor of the Canal Department, who shall hold his office during the term of five years, at a salary to be fixed by law; and he shall have such powers and perform such duties as now are or may hereafter be prescribed by law and not inconsistent with this article. He may be suspended from office by the Commission ers of the Canal Fund for incompetency, neglect | hold their respective offices until, and including petency, neglect of duty, or malfeasance in § 6. The canal stock debt con- The floating debt loan, contracted $3,265,900 00 10,807,000 00 1,700,000 00 $15,772,900 00 heard in his defense. In case of the suspension, removal from office, vacation, or inability to serve, from any cause, the Superintendent of Public Works, during the recess of the Senate, the Senior Assistant Superintendent of Public Works shall act in his place and stead; but not for a period beyond the session of the Senate next after such suspension, removal, vacation, or inability to serve. The Governor, upon the recom. mendation of the Superintendent of Public Works, may nominate, and with the consent of the Senate, appoint four Assistant Superintendents of Public Works, who shall hold their office eight years, at an annual salary to be fixed by law; the said assistant superintendents shall be subject to the authority and control of the Superintendent of Public Works, and may be removed by him for cause; all other officers and employees necessary for the fund. care and management of the canals, other than § 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 be prescribed by law. shall hereafter be known and designated as the canal debt; and the several sinking funds applicable to the payment of the said debts, amounting at the time aforesaid to the sum of $2,010,734.35, together with the contributions to be made thereto, and the income thereof, shall be known and desiguated as the canal debt sinking dred and sixty-seven, be set apart and paid into 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 comeighteen hundred and sixty-eight. The Canal pleted: Commissioners and Canal Appraisers in office at he time of the adoption of this Constitution, may First, To pay the principal and interest of the canal debt falling due within the year. Second, To pay the interest on the general fund debt due within the year. Third, To pay the expense of completing the enlargement of the locks on the Champlain canal, and the deficiency, if any, of enlarging the prism of said canal, as provided by chapter one hundred and eighty-six of the Laws of eighteen hundred and sixty-four, not exceeding the sum of three hundred thousand dollars in the aggregate, for such improvements. existing debt of the State, until the same shall be fully paid. $10. The Legislature shall not sell, lease or otherwise dispose of any of the canals of this State, but they shall remain the property of the State and under its management. REPORT: That they dissent from so much of the report of the majority of said committee, as recommends that the care and management of the canals be intrusted to one Superintendent of Public Works, with four Deputy Superintendents under him, all to be appointed by the Governor, by and with the advice and consent of the Senate. The PRESIDENT-The report will be referred to the Committee of the Whole and be printed. Mr. SCHOONMAKER, from the Committee on Canals, submitted the following minority report: Fourth, After complying with the foregoing The undersigned, a minority of the Committee provisions of this section, the residue of said sink-on Canals, dissenting from some of the concluing fund, or so much thereof as may be necessary, sions of the majority of said committee, ask leave shall be annually appropriated to pay the expense respectfully to of removing the wall benches and furnishing all necessary supplies of water upon the Erie canal, of enlarging such of the bridges and aqueducts, and the approaches leading thereto, as may be necessary upon the Erie, Oswego, and the Cayuga and Seneca canals, and of constructing one tier of locks from the materials in the present locks (so far as the same shall be sufficient, 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 manageof such dimensions as will admit the con-ment of the canals, and of concentrating power 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 has 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 not 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. 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 dangers of such an overshadowing one man power. Its extent must be apparent to any reflecting mind. § 8. After the payment of the canal debt, or after a sum sufficient shall have accumulated in the sinking fund to accomplish that object, the general fund debt, now amounting to $5,642,622.22, shall be paid from the caual debt sinking fund. If at any time the said fund shall prove insufficient to pay the interest or principal of the canal and general fund debts, as provided in sections seven and eight of this article, the deficiency shall be supplied by loan upon the credit of the said sinking fund. In case such deficiency cannot be so supplied at a satisfactory rate of interest, the Legislature shall make other provision therefor, so as to fully preserve the public faith. It is a power It is true, the evils to be remedied are great and of vital importance, but the question arises, is it necessary to resort to such hazardous remedy? The undersigued think not, and believe it to be both unwise and unnecessary, because, it is a fundamental principle in government, that to create a proper and efficient responsibility, more must not be required of the agent than he will be able well and efficiently to superintend and direct, personally. His subordinates must be the men who 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 of the canal revenues, as soon as the same can be done consistent with the provisions of this article. All sums so paid shall, together with all surplus rovenues thereafter derived from the canals, be applied exclusively to the payment of any then whole. The superintendence and control of sections must necessarily be intrusted to subordi nates, and the success of the management is entirely dependent upon the manner in which the subordinates perform their duty. The responsi 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, the 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. The patronage of the canals is, we know, a fearful power, in the hands of one or more designing politicians, acting in concert. But it is one which must of necessity exist, and be lodged somewhere; and we believe it to be more safe divided between four than concentrated in a single head. At the same time that we, in the plan proposed by us, give each superintendent the entire charge of the section assigned to him, in order to make responsibility complete we propose to vest in him the entire power of appointment and removal over his subordinates. shall together constitute a board, to be called the Board of Superintendents of Public Works, and shall have the general direction and control of all extraordinary improvements of the canals, feeders or structures connected therewith, that may be authorized by law; and it shall be their further duty to prescribe all proper and necessary rules and regulations to control and regulate the navigation and use of the State canals, and the feeders and structures connected therewith. It shall also be the duty of said board, to divide the said canals and feeders into four divisions, as nearly equal as may be, and assign the special charge and superintendence of one of said divisions to one of the superintendents, so that each superintendent shall have the charge of one division. The rules and regulations needful to control and regulate the navigation, and use of the canals, feeders and structures connected therewith, 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 take the personal charge and ing a more direct responsibility in execution. The undersigned also dissent from the report of the majority as to the manner of selecting the officials to be charged with the care and management of the canals. The majority intrust it to the Governor and Senate, we recommend it to be placed in the hands of the people, the source of all power. superintendence of the particular division assigned to him, and at least once in every month during the season of navigation, and as much oftener as may be necessary, pass over and personally inspect the entire division under his charge. Each superintendent shall be entitled to an annual compensation of $5,000, in full of all services and personal expenses, to be paid out of the canal revenues, in quarterly payments. In order to avoid the necessity of a special election, and at the same time inaugurate the § 4. The Legislature shall, at its first sesnew 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 Whole and be printed. one for eight years, from the thirty-first day of reported 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 term of office of any of said superintendents, a Superintendent of Public Works shall be elected to fill the vacancy, and hold his office for the term of eight years from the 31st day of December next succeeding such election. In case a vacancy shall occur in the office of superintendent by reason of death, resignation, or removal from office, the place shall be temporarily supplied by appointment by the Governor until the vacancy shall be supplied by the Legislature. The Legislature shall, as soon after the occur. rence of such vacancy as may be, proceed, by joint ballot, to appoint a superintendent to hold the office and discharge its duties for the unexpired term. Any of the Superintendents of Public Works may, for good cause shown, be suspended or removed from office, by the Governor, upon the rec ommendation of the Board of Superintendents, or any two of said superintendents, or upon the recommendation of the Commissioners of the Canal Fund, for incompetency, neglect of duty or malfeasance in office. But no removal shall be made unless the officer complained of shall have been served with a copy of the charges preferred against him and he shall have had an opportunity of being heard in his defense. During suspension, the Board of Superintendents may designate some person, temporarily, to perform the duties of the superintendent suspended. All which is respectfully submitted. M. B. CHAMPLAIN, The PRESIDENT-The minority report will be referred to the Committee of the Whole and be printed. Mr. TAPPEN-As a minority of the committee. I desire to submit an article that we propose upon the subject of the lateral canals. I desire to defer until some future time the statement of the reasons for the article. Mr. SEYMOUR - On behalf of Mr. Bergen and myself, members of the same committee, I wish to say that we differ from the majority of the committee in reference to the appointing the Superintendents of Public Works, and we ask permission at some future day, but very soon, to present our views on the subject, with an article framed accordingly. Mr. SEAVER, from the Committee on Printing, submitted the following report: Your committee, to whom was referred the resolution for the printing of two thousand extra copies of the report of the standing committee on Town and County Officers, other than Judicia!," would respectfully recommend the adoption of the following resolution: Resolved, That there be printed of the report of the standing committee on "Town and County Officers, other than Judicial," etc., recommending an article of constitutional amendment, two thousand extra copies for the use of the Convention. J. J. SEAVER, Chairman. Mr. ELY-Allow me to say, sir, that the committee recommend the printing of this report in order that it may be sent throughout the State, so as to elicit comments and criticism on the radical changes which are proposed by the committee. Mr. E. BROOKS-I move to amend the resolution as proposed by the committee, by striking out "two thousand" and insert "one thousaud,' so it shall provide for the printing of ouly one thousand extra copies. I wish to say to the Convention, having had some experience in regard to the printing of extra documents, that if we commence upon this system of printing large numbers of these documents upon motion, and deem it necessary to circulate these documents throughout the State, we shall involve the State in an immense expenditure of money. We have been hearing reports read for some three hours this morning; they are to be printed and they are of a very interesting character, but so much of them as relates to local interests will be printed in the respective journals of the State; and I do not deem it necessary for our information or the information of the people at large that this Convention should take action in reference to this extra number of copies, for I know from experience 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 the first day of May, 1874, exceed the tolls upon and other sources of income of such canal, including in such income the tolls upon the Erie canal on all property passing from or through such lateral canal, except so far as any of said lateral canals or parts thereof may be necessary as feeders of water to the canals named in the seventh section of this article. The SECRETARY proceeded to read the article reported by Mr. Tappen in words, the following: The undersigued, a minority of the Committee on Canals, respectfully report the following as an additional section to the ARTICLE A. B. TAPPEN, M. SCHOONMAKER, T. G. BERGEN. sion of gentlemen who have not had experience in that matter. Mr. SHERMAN-I regard the report, of which it is proposed to print extra copies, as one of the most important which will be presented to this Convention. It contains very many of the elements for the cure of the evils admitted to exist from special, class and corrupt legislation; and on our success in providing a remedy for this evil, will depend more than any other measure the fate of the Constitution we shall adopt. The report should 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. |