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ARTICLE IX.

Common School, Literature and United States Deposit Funds.

SECTION 1. The capital of the common school fund, the capital of the literature fund, and the capital of the United States deposit fund, shall be respectively preserved inviolate. The revenue of the said common school fund shall be applied to the support of common schools; the revenue of the said literature fund shall be applied to the support of academies, and the sum of twentyfive thousand dollars of the revenues of the United States deposit fund shall each year be appropriated to and made part of the capital of the said common-school fund.

A statute authorizing an orphan asylum to share in the distribution of the common school revenues is unconstitutional; People v. Board of Ed of Brooklyn, 13 Barb. 400; so of a normal school; Gordon v. Cornes, 47 N. Y. 608; 8o of an astronomical observatory; People v. Allen, 42 id. 404.

ARTICLE X.

Governor may remove certain officers.

SECTION 1. Sheriffs, Clerks of counties, including the Register and Clerk of the city and county of New York, Coroners, and District Attorneys, shall be chosen, by the electors of the respective counties, once in every three years and as often as vacancies shall happen. Sheriffs shall hold no other office, and be ineligible for the next three years after the termination of their offices. They may be required by law to renew their security, from time to time; and in default of giving such new security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the Sheriff. The Governor may remove any officer, in this section mentioned, within the term for which he shall have been elected; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense.

ARTICLE X-Continued.

One elected to fill a vacancy serves for a full term of three years. Contant v. People, 11 Wend. 511.

The act making counties liable for damage by mobs and riots does not conflict with this. Moody v. Board of Sup., 46 Barb. 659.

An act taking away custody of Albany county-jail and prisoners from the sheriff and giving it to the superintendent of the Albany county Denitentiary is invalid. People v. Kecler, 23 Hun, 175; 64 How. Pr. 478.

SEC. 2. All county officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of the respective counties or appointed by the boards of supervisors, or other county authorities, as the Legislature shall direct. All city, town and village officers, whose election or appointment is not provided for by this Constitution, shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof, as the Legislature shall designate for that purpose. All other officers, whose election or appointment is not provided for by this Constitution, and all officers, whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct.

The Legislature may attach a penalty to the refusal to accept office. City of Brooklyn v. Scholes, 31 Hun, 110.

A county officer is one required to reside in and perform duties in the county; the health officer of the city and county of New York is not one. Matter of Whiting, 2 Barb. 513.

A commissioner of loans is a county officer. Matter of Carpenter, 7 Barb. 30.

The Legislature may appoint commissioners to widen a highway by proceedings unlike those of commissioners of highways. People ex rel. v Mc Donald, 69 N. Y. 362.

They may authorize the appointment of a special surrogate by the Supreme Court. Matter of Hathaway, 71 N. Y. 238.

The appointment of Central Park commissioners by the Legislature was valid. Astor v. Mayor. 62 N. Y. 367.

The reservation of the right to elect relates only to such offices as existed at the time the Constitution took effect. People v. Draper, 15 N. Y. 532: People ex rel. Kingsland v. Palmer, 52 id. 83.

This provision applies to town collectors; People ex rel. v. McKinney, 52 N Y. 374; and tax receiver; People ex rel. v. Crooks, 53 id. 648; and tax commissioners in New York city. People v. Raymond, 37 id 428. Where a new town is created out of an old one a provision that the old officers should continue in office and act for both towns till the next election, is constitutional. People ex rel. v. Hayt, 7 Bun, 39.

Not applicable to transfer of power from one local board to another. Matter of Lester, 21 Hun, 130.

ARTICLE X-Continued.

An act abolishing election of commissioners of charities and substituting appointment by the pro tem. president of the board of supervisors, is legal. Matter of Carboy, 27 Hun, 82.

Act appointing police justice in a village with criminal jurisdiction of justices of peace of towns, valid. Bocock v. Cochran, 32 Hun, 521.

Not applicable to park police. Matter of Mayor, 99 N. Y. 569.

The members of the board of examiners created by the act of 1874, chap. 547, are not as such, city officers of the city of New York; 106 N. Y. 566.

Duration of office.

SEC. 3. When the duration of any office is not provided by this Constitution, it may be declared by law, and if not so declared, such office shall be held during the pleasure of the authority making the appointment.

Having been declared by the Legislature it cannot be extended so as to affect an incumbent. People, ex rel. Fowler v. Bull, 46 N. Y. 57.

This does not apply to an office only directed to be first filled by the act of the appointing power constituted for the purpose. Bergen v. Powell, 30 Hun, 438.

Time of election.

SEC. 4. The time of electing all officers named in this article shall be prescribed by law.

Vacancies in office.

SEC. 5. The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeding the first annual election after the happening of the vacancy.

This does not operate to entitle the appointee to hold until the com mencement of the next political year in all cases. People v. Keeler 17 N. Y. 370.

It does not apply to county superintendents of the poor. People v. Comstock, 78 N. Y. 356.

Political year.

SEC. 6. The political year and legislative term shall begin on the first day of January; and the Legislature shall, every year, assemble on the first Tuesday in January, unless a different day shall be appointed by law.

ARTICLE X Continued.

Removal from office.

SEC. 7. Provision shall be made by law for the removal for misconduct or malversation in office of all officers (except judicial) whose powers and duties are not local or legislative and who shall be elected at general elections, and also for supplying vacancies created by such removal.

When office deemed Vacant.

SEC. 8. The Legislature may declare the cases in which any office shall be deemed vacant when no provision is made for that purpose in this Constitution.

Compensation of certain officers.

*SEC. 9. No officer whose salary is fixed by the Constitution shall receive any additional compensation. Each of the other State officers named in the Constitution shall, during his continuance in office, receive a compensation, to be fixed by law, which shall not be increased or diminished during the term for which he shall have been elected or appointed; nor shall he receive to his use any fees or per- · quisites of office or other compensation.

An act authorizing supervisors to pay a judge an additional compensation is valid as to one elected subsequently to such action of the supervisors; People v. Edmonds, 15 Barb. 529; otherwise as to judges in office at the time of the passage of the act. People ex rel. Mitchell v. Haws, 32 id. 207.

Militia.

ARTICLE XI.

SECTION 1. The militia of this State shall, at all times hereafter, be armed and disciplined and in readiness for service; but all such inhabitants of this State of any religious denomination whatever as from scruples of conscience may be averse to bearing arms, shall be excused therefrom upon such conditions as shall be prescribed by law.

Section 9 added by vote of the people, November 3, 1874.

Militia officers.

ARTICLE XI- Continued,

SEC. 2. Militia officers shall be chosen, or appointed as follows: Captains, subalterns, and non-commissioned officers shall be chosen by the written votes of the members of their respective companies. Field officers of regiments and separate battalions by the written votes of the commissioned officers of the respective regiments and separate battalions; Brigadier-Generals and brigade inspectors by the field officers of their respective brigades; Major-Generals, Brigadier-Generals and commanding officers of regiments or separate battalions, shall appoint the staff officers to their respective divisions, brigades, regiments or separate battalions.

Officers to be appointed by the Governor and Senate.

SEC. 3. The Governor shall nominate, and with the consent of the Senate, appoint all Major-Generals and the Commissary-General. The Adjutant-General and other Chiefs of staff departments, and the Aides-de-camp of the Commander-in-Chief, shall be appointed by the Governor, and their commissions shall expire with the time for which the Governor shall have been elected. The Commissary-General shall hold his office for two years. He shall give security for the faithful execution of the duties of his office in such manner and amount as shall be prescribed by law.

Election of militia officers.

SEC. 4. The Legislature shall, by law, direct the time and manner of electing militia officers, and of certifying their elections to the Governor.

Officers, how commissioned.

Sec. 5 The commissioned officers of the militia shall be commissioned by the Governor; and no commissioned officer

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