features, but adds considerable detail, because the sponsors for the proposal, though primarily concerned with first principles, also had positive convictions as to the more minute ramifications of their administrative plan. These bills, accordingly, are not to be viewed as a nicely balanced plan of government, but as a set of working papers offering to the convention a comprehensive view of the fiscal and administrative program set forth by their advocates.

Altogether ten leading amendments designed to centralize and definitize responsibility were laid before the convention. Six of these, called "short-ballot" bills, were framed on the theory that "by providing for the election of the single executive and for the appointment of all heads of departments and administrative officers, the readjustment of executive power may be left to take care of itself." In these measures the machinery for the administration of public business is confided to legislative discretion. The three other bills cover the general structure of the executive department. The Bernstein amendment provides for thirteen executive officers to be appointed by the governor. The Smith amendment lays upon the legislature the obligation of creating eight executive departments subject to certain general rules as to functions to be assigned to each. The only amendments based upon an exhaustive analysis and classification of state functions are those introduced by Mr. Saxe, and for that reason special attention is given to his measures in the pages which follow.

The task of considering the proposals relative to executive reorganization fell mainly to the committees of the convention on state finances, revenue and expenditure and on governor and other state officers. As was pointed out in the June issue of this series (p. iii), Ex-President Taft, Dr. Frank J. Goodnow and Dr. A. L. Lowell appeared at a joint session of these committees and discussed both financial and administrative problems. That portion of their remarks which pertained to fiscal matters was printed in the June issue, while the discussions relative to administrative reorganization are reproduced below. On June 24, Mr. Saxe and Mr. Cleveland appeared before the committee on governor and other officers to support the measures introduced by the former. On May 26, Mr. John H. Delaney, former head of the State Department of Efficiency and Economy, whose official position had given him exceptional oppor

tunities to study state administration in operation, presented to the committee the conclusions which he had reached in the course of his practical experience. On June 29, Dr. Samuel McCune Lindsay appeared before the committee on charities. to support the proposal introduced by Mr. John Parmenter designed to create a Department of Charities and Correction.

At length the committee on governor and other officers, as a result of these hearings and its independent researches, reported. to the convention, on August 12, a proposed constitutional amendment reorganizing the executive department of the state govern

ment.

The documents connected with the first serious attempt in a century and a half of American constitution-making to reconstruct state administration with a view to securing responsibility to the electorate and efficiency in organization and operation deserve publication on account of their historic importance if for no other reason. However, it is not too much to say that their intrinsic merits make them worthy of a wide circulation, particularly in view of the fact that the movement to reconstruct state government has reached such a stage that the time now is ripe for positive, constructive measures.

Columbia University, August 18, 1915.

CHARLES A. BEARD.

CHAPTER I

PROPOSED CONSTITUTIONAL AMENDMENTS, PROVIDING FOR A REORGANIZATION OF STATE ADMINISTRATION

[The following alternative proposals, both entitled "Proposed Constitutional Amendment-To amend sections one, two, three, four, five, six, seven, eight and nine of article four, and sections one, two, three, four, five, six, seven, eight and nine of article five of the constitution, relating to the organization of the executive branch of the government and the powers and duties of the governor and other state officers" (Nos. 510 and 555), were introduced in the New York State Constitutional Convention by Hon. John G. Saxe, on June 9 and 10, 1915, respectively, were read twice and referred to the Committee on the Governor and Other State Officers, and to the Committee on State Finances, Revenues and Expenditures. Both proposals are exactly alike for the first 23 pages. On page 23 of each appears the beginning of the alternative form of the proposals. No. 510 was employed to define the reorganization by functions, and No. 555 was employed to outline the actual organization of the eleven executive divisions proposed. The new sections of No. 510 are printed in full, while the alternative proposal contained in No. 555 is printed from its beginning on page 23 of the bill.]

No. 510

The Delegates of the People of the State of New York, in

Convention assembled, do propose as follows:

I Article four, sections one to nine inclusive, of the constitution,

2

II

12

is hereby amended so as to read as follows:

[First six pages of bill omitted; all old matter, to be entirely replaced by following:]

(p. 6*)

Executive branch of the government-organization. Section

1. There is hereby established an executive branch of the govern13 ment, the head of which shall be the governor under whom shall 14 be: an executive department, an executive council, a central bureau 15 of administration, and the eleven administrative divisions of the 16 executive branch enumerated in section three of article five of 17 this constitution.

18 The executive department, under the governor, shall consist of 19 the secretary of state and such other officers and employees as 20 shall be provided by law.

21

The executive council shall consist of the eleven executive heads 22 of the several administrative divisions of the executive branch, 23 under the jurisdiction of the governor, herein established by article

five of this constitution. The governor may request the comptroller and the attorney-general to sit with the executive council 26 at any time that may be desired.

Small figures in center of page refer to page of original bills; figures on margin correspond to lines in original bills.