dollars, and there shall be provided for his use a suitable and furnished executive residence.

Const. 1846, art. IV, 94, amended in 1874.

commutations,

5. Reprieves, granted by governor.

and pardons to

The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall annually communicate to the Legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve.

Const. 1846, art. IV, § 5.

§ 6. When lieutenant-governor to act as governor. In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the LieutenantGovernor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State, in time of war, at the head of a military force thereof, he shall continue Commander-in-Chief of all the military force of the State.

Const. 1846, art. IV, § 6.

7. Qualifications and duties of lieutenant-governor; succession to the governorship.

The Lieutenant-Governor shall possess the same qualifications of eligibility for office as the Governor. He shall be president of the Senate, but shall have only a casting vote therein. If during a vacancy of the office of Governor, the Lieutenant-Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the State, the President of the Senate shall act as Governor until the vacancy be filled or the disability shall cease; and if the President of the Senate for any of the above causes shall become incapable of performing the duties pertaining to the office of Governor, the Speaker of the Assembly shall act as Governor until the vacancy be filled or the disability shall cease.

Const. 1846, art. IV, § 7.

8. Salary of lieutenant-governor.

The Lieutenant-Governor shall receive for his services an annual salary of five thousand dollars, and shall not receive or be entitled to any other compensation, fee or perquisite, for any duty

service he may be required to perform by the Constitution or y law.

Cast. 1846, art. IV, § 8, amended in 1874.

9. Bills to be presented to governor; approval; passage of bill by legislature if not approved.

Every bill which shall have passed the Senate and Assembly hall, before it becomes a law, be presented to the Governor; if be approve, he shall sign it; but if not, he shall return it with is objections to the house in which it shall have originated. which shall enter the objections at large on the journal, and proceed to reconsider it. If after such reconsideration, two-thirds f the members elected to that house shall agree to pass the bill, ↑ shall be sent, together with the objections, to the other house, which it shall likewise be reconsidered; and if approved by ro-thirds of the members elected to that house, it shall become law notwithstanding the objections of the Governor. In all ch cases, the votes in both houses shall be determined by yeas ard nays, and the names of the members voting shall be entered the journal of each house respectively. If any bill shall not be returned by the Governor within ten days (Sundays excepted) fter it shall have been presented to him, the same shall be a lain like manner as if he had signed it, unless the Legislature hell, by their adjournment, prevent its return, in which case it all not become a law without the approyal of the Governor. No bill shall become a law after the final adjournment of the Legislature, unless approved by the Governor, within thirty days fter such adjournment. If any bill presented to the Governor atain several items of appropriation of money, he may object one or more of such items while approving of the other portion the bill. In such case, he shall append to the bill, at the time { signing it, a statement of the items to which he objects; and The appropriation so objected to shall not take effect. If the Legislature be in session, he shall transmit to the house in which the bill originated a copy of such statement, and the items obted to shall be separately reconsidered. If on reconsideration or more of such items be approved by two-thirds of the memrs elected to each house, the same shall be part of the law, otwithstanding the objections of the Governor. All the provions of this section, in relation to bills not approved by the Governor, shall apply in cases in which he shall withhold his pproval from any item or items contained in a bill appropriating

oney.

Const. 1846, art. IV, § 9, amended in 1874.

23

Sec. 1. State officers,

ARTICLE FIFTH.

2. First election of state officers.

8. Superintendent of public works; appointment; powers and duties. 4. Superintendent of state prisons; appointment; powers and duties. 5. Commissioners of the land office; of the canal fund; canal board. 6. Powers and duties of boards.

7. State treasurer; suspension by governor.

8. Certain offices abolished.

9. Civil service appointments and promotions.

1. State officers.

The Secretary of State, Comptroller, Treasurer, Attorney-Gen eral and State Engineer and Surveyor shall be chosen at a gen eral election, at the times and places of electing the Governo and Lieutenant-Governor, and shall hold their offices for two years, except as provided in section two of this article. Each of the officers in this article named, excepting the Speaker of the Assembly, shall, at stated times during his continuance in office. receive for his services a compensation which shall not be increased or diminished during the term for which he shall have been elected; nor shall he receive to his use any fees or perquisites of office or other compensation. No person shall be elected to the office of State Engineer and Surveyor who is not a practical civil engineer.

Const. 1840, art. V, § 1, 2.

12. First election of state officers.

The first election of the Secretary of State, Comptroller, Treas urer, Attorney-General and State Engineer and Surveyor, pur suant to this article, shall be held in the year one thousand eight hundred and ninety-five, and their terms of office shall begin on the first day of January following, and shall be for three years. At the general election in the year one thousand eight hundred and ninety-eight, and every two years thereafter, their successors shall be chosen for the term of two years. New.

3. Superintendent of public works; appointment powers and duties of.

A Superintendent of Public Works shall be appointed by the Governor, by and with the advice and consent of the Senate and hold his office until the end of the term of the Governor by whom he was nominated, and until his successor is appointed and qualified He shall receive a compensation to be fixed by law Be shall be required by law to give security for the faithful exompson of his he before entering upon the duties thereof Hexbal be charged with the execution of all laws relating to the repair and navigation of the cona's and also of those relating te de wexemtoron and improve vert of the carals, except so far wx renting to such construction or State Engineer and Sur atare. he shall make one of the canals For by the Governor. rest still so require

www

rks from office, the Governor shall file with the Secretary of Sate a statement of the cause of such removal, and shall report h removal and the cause thereof to the Legislature at its next The Superintendent of Public Works shall appoint not than three assistant superintendents, whose duties shall be escribed by him, subject to modification by the Legislature, and who shall receive for their services a compensation to be fixed by a. They shall hold their office for three years, subject to susvasion or removal by the Superintendent of Public Works, whenr, in his judgment, the public interest shall so require. Any cancy in the office of any such assistant superintendent shall filled for the remainder of the term for which he was appated, by the Superintendent of Public Works; but in case of de su pension or removal of any such assistant superintendent him, he shall at once report to the Governor, in writing, the Lase of such removal. All other persons employed in the care nd management of the canals, except collectors of tolls, and hose in the department of the State Engineer and Surveyor, all be appointed by the Superintendent of Public Works, and subject to suspension or removal by him. The Superintendent Public Works shall perform all the duties of the former Canal Commissioners and Board of Canal Commissioners, as now deared by law, until otherwise provided by the Legislature. The vernor, by and with the advice and consent of the Senate, ill have power to fill vacancies in the office of Superintendent Public Works: if the Senate be not in session, he may grant missions which shall expire at the end of the next succeeding ession of the Senate.

Coast. 1846, art. V, § 3, amended in 1874.

of state

prisons;

appointment;

4. Superintendent Jowers and duties of. A Superintendent of State Prisons shall be appointed by the Governor, by and with the advice and consent of the Senate, and hold his office for five years, unless sooner removed; he shall e security in such amount, and with such sureties as shall be quired by law for the faithful discharge of his duties; he shall have the superintendence, management and control of state risons, subject to such laws as now exist or may hereafter be acted; he shall appoint the agents, wardens, physicians and haplains of the prisons. The agent and warden of each prison all appoint all other officers of such prison, except the clerk, bject to the approval of the same by the Superintendent. The Comptroller shall appoint the clerks of the prisons. The Superntendent shall have all the powers and perform all the duties ot inconsistent herewith, which were formerly had and performed by the Inspectors of State Prisons. The Governor may remove the Superintendent for cause at any time, giving to him a copy of the charges against him, and an opportunity to be beard in his defense.

5. Commissioners of the land office; of the canal fund; canal board.

The Lieutenant-Governor, Speaker of the Assembly, Secretary of State, Comptroller, Treasurer, Attorney-General and St

Engineer and Surveyor shall be the commissioners of the land office. The Lieutenant-Governor, Secretary of State, Comptroller, Treasurer and Attorney-General shall be the commissioners of the canal fund. The canal board shall consist of the commissioners of the canal fund. the State Engineer and Surveyor and the Superintendent of Public Works.

Const. 1846, art. V, § 5.

6. Powers and duties of boards.

The powers and duties of the respective boards, and of the several officers in this article mentioned, shall be such as now are or hereafter may be prescribed by law.

Const. 1846, art. V. § 6.

7. State treasurer, suspension by governor.

The Treasurer may be suspended from office by the Governor, during the recess of the Legislature, and until thirty days after the commencement of the next session of the Legislature, whenever it shall appear to him that such Treasurer has, in any particular, violated his duty. The Governor shall appoint a competent person to discharge the duties of the office during such suspension of the Treasurer.

Const. 1846. art. V, § 7.

8. Certain offices abolished.

All offices for the weighing, gauging, measuring, culling or inspecting any merchandise, produce, manufacture or commodity whatever, are hereby abolished: and no such office shall hereafter be created by law; but nothing in this section contained shall abrogate any office created for the purpose of protecting the public health or the interests of the State in its property, revenue. tolls or purchases, or of supplying the people with correct standards of weights and measures, or shall prevent the creation of any office for such purposes hereafter.

Const. 1846, art. V, § 8.

9. Civil service appointments and promotions.

Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive; provided however, that honorably discharged soldiers and sailors from the army and navy of the United States in the late civil war, who are citizens and residents of this State, shall be entitled to preference in appointment and promotion without regard to their standing on any list from which such appointment or promotion may be made. Laws shall be made to provide for the enforcement of this section.

New.

20

1