Which was referred to the Committee of the Whole, and ordered to be printed.

in the committee that reported it, and hence de-all tax commissioners appointed under author. sired to send it to another committee. It strikes ity of the Governor and Senate shall report annume, upon the discussion of this matter, if the ally to the Secretary of Financial Audit and Assessgentlemen composing the Committee on the ment. Powers and Duties of the Legislature have any different views from those suggested by the Committee on the Governor and Lieutenant-Governor, The PRESIDENT- The only unfinished busithey have the right to express those views upon ness in the general order is the report of the Comthe floor of this Convention, and before the Committee on the Governor and Lieutenant-Governor. mittee of the Whole. I trust, therefore, under these circumstances, we will not seem to cast the reflection that the gentlemen who composed the committee, and who made this report, have not done their duty, by sending it to another committee to do it over again.

The question was put on the resolution of Mr. E. A. Brown, and it was declared lost.

Mr. DUGANNE-I propose to submit a resolution, and couceiving it is proper it should be referred to the Committee of the Whole, having under consideration the subject of the Governor, Lieutenant-Governor, etc., I propose to offer it, to be referred to the Committee of the Whole, or to take such other disposition as the Convention may determine, and ask it may be printed.

The SECRETARY proceeded to read the resolution as follows:

Mr. A. J. PARKER-I move that that be passed over for the present.

The PRESIDENT If there is no objection it will be laid aside after the statement of the gentleman from Washington [Mr. Hitchcock] of the sickness of the chairman of that committeo that made the report.

Mr. ALVORD-I move the Convention do now adjourn.

The question was put on the motion of Mr.
Alvord and it was declared carried.
So the Convention adjourned.

TUESDAY, August 13, 1867.

The Convention met at ten o'clock.
Prayer was offered by Rev. THOMAS A.
BURKE.

The Journal of yesterday was read by the
SECRETARY, and approved.

Resolved, For the better maintenance of public order and the security of municipal and other local interests, there shall be created by nomination of The PRESIDENT presented the petition of the Governor, and consent of the Senate, an exec-John R. Pitkin relative to restraints upon manuutive council of six members, who shall hold facturing corporations. their office during the term for which the Governor is elected, unless sooner removed by law or for cause, and who shall be known and designated as the Governor's council.

1. A Secretary of State, with powers and duties to be defined by law.

2. An Attorney-General who shall be a lawyer of not less than ten years practice in the courts.

3. A Secretary of Public Police, with auxiliary boards of police in cities or districts, to be constituted by appointment in like manner, whenever the public good may require and the Legislature direct; and to report annually, or when called upon, to the Secretary of Public Police.

Which was referred to the Committtee on Corporations other than Municipal, Banking and Insurance.

Mr. CURTIS presented the petition of Rev. E. Moore, Jr., and ninety-two others against donations to sectarian institutions.

Which was referred to the Committee on the Powers and Duties of the Legislature.

Mr. FOWLER presented thirteen petitions on the same subject.

Which took a like reference.

Mr. KRUM-I desire to ask leave of absence for my colleague, Mr. Miller of Delaware. I received a letter from him last night-written not in 4. A Secretary of Fire and Insurance with his usual bold hand, but bearing on its face eviauxiliary fire department boards, in cities or dis-dence that the writer of it was sick-stating it tricts to be constituted by appointment in like manner as himself, whenever the public good shall require and the Legislature direct. And all local boards of fire conmissioners appointed as above, and all fire insurance companies in the State shall report annually, or when called upon, to the Secretary of Fire and Insurance.

5. A Secretary of Public Bulidings, Parks and Water-fronts, with auxiliary boards in cities and districts, to be constituted by appointment in like manner as himself, whenever the public good shall require and the Legislature direct, and to report annually, or when called upon, to the Secretary of Public Buildings, Parks and Water-fronts.

6. A Secretary of Financial Audit and Assessment, with auxiliary boards in cities and districts, to be constituted by appointment in like manner as himself, whenever the public good shall require and the Legislature direct, and to report annually, or when called upon, to the Secretary of Financial Audit and Assessment. The State Assessors and

was with great difficulty that he got from his bed to his chair even with assistance, and he did not know when he should be able to attend this Convention, and desired me to obtain a further leave of absence for him; and I ask. under such circumstances, that such leave of absence may be made indefinite.

There being no objection leave was granted. Mr. L. W. RUSSELL-I desire to ask leave of absence for my colleague, Mr. W. C. Brown. He went home sick yesterday.

There being no objection leave was granted. Mr. KETCHAM-I desire to ask leave of absence for myself for the rest of this week. I received a communication this morning which makes it necessary for me to go home to attend to some business that I must attend to personally. There being no objection leave was granted. Mr. SHERMAN-I ask leave of absence for my colleague. Mr. Williams, who has been called away on business for four days.

There being no objection, leave was granted. Mr. GREELEY-I ask leave of absence for Friday of this week, for myself.

There being no objection, leave was granted. Mr. LOWREY-I ask an indefinite leave of absence for Mr. Rolfe, as he has met with an accident. I received a letter from him this morning, stating that he would be in his place as soon as possible, and requesting me to ask indefinite leave of absence for him.

There being no objection, leave was granted. Mr. ARCHER-I received a letter from Mr. Ballard this morning, stating that he was too ill to start for Albany, and I ask leave of absence for him for two days.

|for the term of three years, unless sooner removed by competent authority. Sheriffs shall hold no other office during their incumbency, and shall not be re-eligible, or act as under-sheriff or deputy for the succeeding term; but the retiring sheriff shall finish all business remaining in his hands at the expiration of his term, for which purpose his commission and official bond shall continue in force. They may be required to renew their security from time to time, and in default of giving such new security, their offices shall be deemed vacant. The county shall never be responsible for their acts. The Governor may remove any officer in this section mentioned, for incapacity, neglect of duty, malfeasance, intemperance, turpitude, or crime, first giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense.

There being no objection, leave was granted. Mr. GOULD-I offer the following resolution: "That the Committee on Industrial Interests be requested to inquire whether some additional provisions should not be made to facilitate the irrigation of agricultural lands, and for the improvement of mill privileges in this State." Which was referred to the Committee on In- diminish the number of tax-consuming officers dustrial Interests.

The PRESIDENT- The special order being the report of the Committee on the Governor and Lieutenant-Governor being the unfinished business, will be passed on account of the sickness of the chairman [Mr. Kernan]. The next general order is the report of the Committee on Currency, Banking and Insurance.

Mr. BEADLE - The two committees, one on Currency, Banking, etc., and the Committee on Corporations other than Municipal, etc., came to the conclusion they could better discharge their duties by uniting in their meetings. They did so, and made a joint report. Mr. Ballard, the chairman of the joint committee, as the Convention knows, is detained at home by sickness, and I ask that the consideration of this report may be deferred.

The PRESIDENT- There being no objection, that will be done. The next general order is the report of the Committee on Town and County Officers, their election, etc.

Mr. BURRILL- The report of the Committee on Town and County Officers, their election, etc., is necessarily connected with the report of the Committee on Cities, and I move that the consideration of the report of Town and County Officers be laid over until the report of the Committee on Cities can also be considered.

Mr. ALVORD-I trust not. I do not see what possible connection there can be between the two. I hope that motion will not prevail.

The question was put on the motion of Mr. Burrill, and it was declared lost.

The Convention then resolved itself into Committee of the Whole on the report of the Committee on Town and County Officers, etc., Mr. BELL, of Jefferson, in the chair.

Mr. GREELEY-I move to strike out the words "county supervisor," in the third line of this section. I believe there is a very general desire among the people of this State that we shall

whom they are required to subsist. I came to this Convention with an earnest hope that I might be enabled to do something-to give one vote, at least-in favor of diminishing the number of officers who are quartered upon the people. I see here a totally new officer made-an officer whose functions, it seems to me, are much more ornamental than useful, except the important one of drawing his pay. He is not to vote; he is to be a county supervisor-a mere figure-head-a presiding officer without real authority-and it seems to me that his creation will run directly counter to what I feel to be an earnest and a just public sentiment. I therefore move that this officer shall be stricken out, and I hope that the creation of this office will be negatived by this Convention, and of course I will follow it up by moving to strike out in the various places where such county supervisor is spoken of. They will naturally fall with this; but it does seem to me we do not need this creation of a new officer who will have no important functions to perform-who will not have even any substantial power, unless it may be a veto power, which will be found practically inoperative-and we should do the public a service, and satisfy a general and just expectation, by failing to create any new office, except where we abolish two or three and make one. Without further remarks, I hope this officer will be dispensed with.

Mr. SMITH-It may be proper, perhaps, in behalf of the committee, to explain the reasons for proposing this new officer. So far as we can understand the demand of the Convention, and the demand of the people, it seems to be clear that there is a desire and a determination to transfer local legislation from the Legislature to the boards of supervisors in the various counties. It is agreed on all hands that the local legislation which presses so heavily on the Legislature every SEC. 1. There shall be elected in each county winter, and gives occasion for so much corruption by the qualified voters therein, at the time of and log-rolling, should, if possible, be transferred holding general elections, a sheriff, county trea- to some other body. There has been a great cry surer, county clerk, county supervisor, and as within the last few years, in relation to the many coroners as may be prescribed by the Legis-corruption of the Legislature, and undoubtedlature, who shall hold their offices respectively ly to a great extent there is cause for it;

The SECRETARY then proceeded to read the first section, as follows:

and acting here as we do in the capacity, matters, that at home these schemes would be of a Convention, to organize or reconstruct the ventilated; that there would be no chance for the government, we are bound to take notice of corruption that exists in the Legislature; that the it. I cannot agree with some gentlemen representatives at home would be subjected to a who have suggested upon this floor that we have direct responsibility; that the eye of their conno right to charge corruption on the Legislature. stituents and of the whole community interested If that were addressed to us as individuals, I would be upon them, and that they would not should admit its force; but when addressed to us dare to enter into those corrupt schemes to which in our public capacity the case is different. Act- they lend themselves when further removed from ing as we are in the capacity of a Convention, the people, and not under their immediate inspeccommissioned by the people to reconstruct and tion. Now, Mr. Chairman, yielding to this general organize a frame of government, and provide a demand, the committee have reported a provision remedy for the evils that exist, it seems to me we conferring a large amount of this local legislation are bound to take notice of public and notorious upon the local boards. If the Convention shall facts. In alleging that there is corruption in the see fit to adopt the proposition to transfer this Legislature, we do not by any means intend to local legislation from the Legislature to the say that all of the members of the Legislature boards, then the idea of some check upon hasty are obnoxious to this charge. We know they are and inconsiderate legislation is suggested, and not, for that body has contained, and still does seems to be necessary. It was pressed upon the contain, doubtless, many honest men, men of committee urgently, especially in view of the integrity, men of character, who cannot be ap- action of boards in populous communities and proached by any dishonest or unworthy proposi- cities. It was represented that oftentimes schemes tion. But still that legislative corruption is a of corruption are rapidly passed through the board great and growing evil we all know and we all of supervisors, and before they can be enjoined feel, and the question arises, How shall that be by action of the courts, the schemes are executed, remedied? As was stated very clearly the other the money appropriated, and the people left with day by a gentleman of experience in the Legisla- out remedy. It was believed by the committee ture, on this floor [Mr. Folger], much of this that if some officer, having the power to interpose difficulty arises from local schemes, which give a veto, were elected by the people to preside rise to that system known as log-rolling. over the board, it would check hasty and A, from one locality, has a scheme which corrupt legislation. Now, the county superhe wishes to put through the Legislature. visor is an officer elected by the whole county. B, from another locality, has another scheme All the electors vote for him. He does not reprewhich he wishes to get through. A applies to B sent any particular locality, nor any particular to give him his vote, and B consents upon the interest, but he represents the whole county. He condition that he shall receive the vote of A; and sits as president of the board, and we may reaso scheme after scheme is every winter engineered sonably suppose that an office of that dignity and through the Legislature. Some of these schemes importance would be filled by men of character, are not only without merit, but totally corrupt; men of legal knowledge and experience; and they and it often happens, sir, that these schemes are could bring their knowledge and ability to bear to pressed through without the knowledge of the the advantage of the board in the important localities injuriously affected by them, or by such duties devolved upon them. Listening to the dismeans and appliances as to render opposition use- cussions of the board, and knowing the character less. It often happens, also, that the merits of and merits of the several matters before it, he these measures are wholly unknown to the great would be prepared at once, during the session of body of the Legislature. I believe there is a the board, to interpose a veto, in case of hasty, kind of courtesy existing among members of the injudicious, or corrupt legislation. He is not, as Legislature, by which it is understood that one suggested by the gentleman from Westchester member shall not interfere with the local schemes [Mr. Greeley], a mere figure-head; he has an of another, unless they become matters of discus- important duty to perform. It is true he does not sion and general interest in that body. The result vote except in case of a tie, and then he gives a is that some members vote for measures of which casting vcte; but the importaut function of the they know nothing, and others vote for schemes office as proposed by this article is the veto which they know to be wrong, in order to insure power. Now, it is submitted that if the comthe success of their own measures. A member mittee adopt the first proposition, to wit, the is charged with the duty of securing the passage transfer of local legislation from the Legislature of some local or private scheme, and it is expect to the boards, then it seems to be desirable, nay, ed by his constituents, or those interested in it, it seems to be absolutely necessary that there that he will do it, and if he has not sufficient in- should be some check upon their action. I am fluence or skill to engineer it through the Legis-aware that the people do not desire the creation lature, he is not considered worthy of their sup- of unnecessary offices; but they do desire and port. It places the representative under a strong demand that there shall be a purification temptation to avail himself of the log-rolling sys- of the Legislature. They desire to be saved em, as stated by the gentleman [Mr. Folger] in from these schemes, which operate oppressively the discussion upon the question of the Senate. upon them, take the money from their It has been pressed upon the committee pockets and corrupt the Legislature; and that this local legislation should be devolved they are willing that any plan shall be adoptupon the board of supervisors. It is ed by this Convention that will remedy the evil. insisted that they would understand these local If in doing this it becomes necessary to create

another office, they will not complain of it. As, which he seems to undervalue. I said that this far as I have been able to learn, and I have taken officer was a mere figure-head. His remarks considerable pains to ascertain the wishes of the practically prove that, as defined in this article, people on this subject, having conversed with he will be an officer of large promise and very them in different parts of the State, I have not small performance. Now, then, I have no sort found a dissenting voice on this question. They of difference with the honorable chairman of this all say "Give us the county supervisor who will committee [Mr. Smith], as to the expediency— act as a check and balance to the board, nay, the necessity-of a substantial check on the devolve upon them the power of local legislation, legislative power which it is proposed in this artiand it will remedy a great and growing evil which cle to accord to the board of supervisors. My now exists." It is for these reasons that the objection is, that there is no substantial negative committee have proposed this county officer. It no real veto power. As the gentleman from is not created merely for the purpose of creating New York says, this article simply provides that a new office, or of making a change, but as an a majority of the elected town supervisors shall absolute necessity growing out of another change be necessary to override the county supervisor's which is demanded by the people. veto; and this will amount to nothing. We know how these things are done. What are called "big things" are always "fixed" outside of the Legislature or board. They are arranged, and prepared, and bargained for, and settled, before they appear in the board at all. What is transacted there is a mere formality, necessary, certainly, to give legal validity to the scheme, but the work has all been done beforehand. know who are to vote for it, and how much stock is to be represented by each vote that is given for it. Practically, it is understood how these things are. Now, I say, you have an officer here who costs something, and can do nothing, or next to nothing. The whole power that should be

We

Mr. OPDYKE-I think the reason given by the chairman of the committee, for the creation of the office of county supervisor, should be satisfac tory to the Convention. It is important, I think, that there should be a supervisory power over the action of the board, and this is a very compact and skillful method of accomplishing that end. I would only differ with the chairman in regard to the power he gives to the president. He has given him a supervisory power-he says a veto power. But it will be found in practice that it is not such a veto power as will prove effective. No time is allowed the president for the presentation of his objections, and none required of the board before it shall be authorized to act on such ob-given-in my judgment-the whole check on jections. Experience has taught me that if we venal and bad legislation by a board of superdesire any benefit from this supervisory power, visors should be: first, requiring due publicity. the allowance of time should be involved. The Every scheme involving railroads or other roads president should have at least ten days to pre-in fact, every scheme involving the county in a sent his objections; and I would go further, I new expense, whether by increased salaries or would give him an effective veto, such as we give laying out improvements here or there-should be the Governor. I would not permit the measure first advertised in the leading journal of each party or bill to be passed over his veto short of a two- in the county-advertised once a week for four thirds vote. In the city of New York the mayor weeks. Here is due notice to all concerned; and the of that city has the supervisory power over the proposers should pay for the advertising before board of supervisors which is proposed to be they shall be allowed to come before the board; given here to the president of all such boards. and then, when you come to the board, in my My experience has taught me that a simple nega- judgment, we should require the votes of threetive, which can be overborne by a bare majority, fourths of all the supervisors elected to be reis utterly ineffective. I should prefer, therefore, corded in the affirmative to pass such a measure. when we come to the proper section, to embrace You will have an abundance passed even at that; the condition that the president of the board you will find supervisors' legislation in excess, should have ten days in which to present his ob even if you require three-fourths of all the memjections, and that it should not be passed over bers to vote for such measures, even with the his veto until ten days more had elapsed, giving requirement of publicity for four weeks before it the people of the county time to know what has can be considered in the board. That will be a been done and to interpose their views if they be real veto, costing the people nothing; costing lieve it to be wrong; in addition to which I would only the projectors and schemers the expense of make his veto power effective. With regard to proper advertising, for which money should be this first section, before we pass over it, I shall lodged with the chairman of the board of superpropose another amendment to exclude from its visors (whom I trust the board themselves will operation the county of New York. That county, elect), who shall require and direct the publication as is known, in its jurisdiction is co-extensive of a proper notice in the leading journal of either with the city. We have there at present a dupli- party in the county for at least four weeks before cate government, city and county, co-extensive in it can be taken up and passed, and then only their jurisdiction, which can-with great pro- upon a record of the yeas and nays, by the vote of priety and great economy, as experience has three-fourths of all the supervisors elected. Give taught us-be devolved on the city government us these checks, and you have some security alone. It is altogether unnecessary, therefore, to against improvident and mercenary legislation; extend this power to that city. but in this county supervisor you have none, in Mr. GREELEY-I find that the remarks of my judgment; and I trust the committee will the distinguished ex-mayor of New York [Mr. vote to strike him out, and then provide Opdyke], substantially confirm the objection real, substantial guaranties against the legis

lation we deprecate, in the later sections of the article.

events, if gentlemen have schemes to make this veto power more effective, it is not to be made by striking out the matter here, but by increasing the effectiveness of the veto in other sections.

Mr. WAKEMAN-It seems to be considered we are to confer additional power on the board of supervisors, that they are to enact certain laws which the Legislature, under the present Constitution, are to enact or have power to enact. In order to pass a law under the presert Constitution, it requires the action of two branches of the Legislature. One is competent to act as a check upon the other-that is the design-and the Governor as a check upon the whole. Now, it seems to me it is important that we confer some power on some officer that shall have some check upon the board of supervisors. Whether you call him a county supervisor, or some other name, he should have power to veto the acts and doings of the board of supervisors, and particularly so if we confer upon the board of supervisors this additional legislation. So far as expense is concerned, in my humble judgement, the expense will be less than it is at the present day. The county supervisor will be elected in reference to his qualitications for that particular office, and by making himself familiar with the duties of that office, the action of the board will be facilitated in such a way that the expense would be absolutely less than it would otherwise. Of course, it might be said that the chairman of the board of supervisors might perform all this duty, but he is elected from the locality, from a town, and to give him the veto power would hardly be consistent with the duties of the board of supervisors, and, therefore, it seems to me that this very proposition which encounters the opposition of the gentleman from Westchester [Mr. Greeley] is one that should be retained in some form. I care not particularly whether he shall be a county supervisor or a county judge, or what other officer, but I say there should be some officer whose special duty it would be to look into and revise all the acts passed by the board of supervisors, or at least for the supervision of it; and in the absence of any other proposition being introduced here, I shall vote for the report of the committee on this particular point.

Mr. BICKFORD-In the committee it was strongly felt that the board of supervisors would be a very dangerous depository of legislative pow er, consisting as it does of only one house, no second house to be a check upon it, unless there was lodged in some officer a veto power. I believe the committee were nearly unanimous on this point, with the exception of one or two members, who thought it might not be very dangerous; but it was the prevailing sentiment of the committee, and we cast about to see on what officer that veto power should be devolved. My own individual view was that it should be devolved on the sheriff of the county, and that the sheriff should be made a much more important officer than at present. I believed that he should be something like an English sheriff, a Scotch sheriff; that we should make him a judicial officer and a local executive in the county, and charge him with the execution of the laws in his county, and give him the veto power. But there was felt to be a very strong objection in the minds of some of the committee to that measure, and therefore a compromise was made. Some wanted the county judge vested with this veto power, and we have proposed to create this county supervisor, which seemed to be less liable to objection than any other scheme which presented itself. Now this officer, elected by the people of the whole county, sitting as chairman of the board, vested with a qualified veto power, will necessarily be an officer of great influence on local legislation. I cannot conceive it will be otherwise if the choice is sufficiently judicious and properly made, as we must presume it will be. Now, with regard to the effectiveness of the veto power which is here provided for, I beg the gentlemen of the committee to consider one moment, especially the gentleman from New York [Mr. Opdyke], who makes the objection that the veto power is not sufficiently operative or strong. As a majority of the board necessarily constitutes a quorum to do business, the requirement that it shall be passed by a majority of all elected is really more effective than the requirement that it shall be passed by a two-thirds vote. To illustrate: Take the county of Jefferson, for instance, where there are twenty- Mr. CONGER-I can hardly understand the two supervisors, a majority of the board to do nature of the objection made to the creation of business is twelve, while two-thirds of a quorum this officer as the permanent president for a year are only eight. Thus a vote of eight supervisors at least, of the board of supervisors. If I undermight pass the measure, but if you require a stand the gentleman from Westchester [Mr. Greemajority of all elected, it takes twelve super- ley] he objects to the expense of its creation. visors to pass a measure, and if there shall be Now I suppose that this officer would not have a eighteen present (and it is perhaps not to be ex- much higher rate of compensation allowed him pected that the average attendance will exceed than an ordinary supervisor, which, at the preseighteen out of twenty-two), two-thirds of those ent rate, is three dollars a day, during the time present would be twelve, and that number is a in which services are actually rendered. And as majority of all elected. We considered this mat-the board of supervisors rarely sit except in very ter, and we considered it would be a more effici- large counties, more than twenty or thirty days cieut check to require a majority of all elected in the year, it is not easy to perceive that if the to the board than it would be to require two-office is to be of any practical value, the cost thirds, as bills frequently pass by much less than would more than balance its real worth. Still it half of the members elected, and this requires a may be worth while to have the opin:on of the majority of the whole after the president's objec- chairman of this committee, who has probably tions have been stated fully, and the measure re-investigated the comparative benefit and expense considered afterward. I trust, Mr. Chairman, to the people of the State, in the creation of this that this provision will be retained. At all office. To my mind, as at present advised, the