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Article IV, § 9

portion of the bill. In such case he shall append to the bill, at the time of 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 objected to shall be separately reconsidered. If on reconsideration one or more of such items be approved by two-thirds of the members elected to each house, the same shall be part of the law, notwithstanding the objections of the Governor. All the provisions of this section, in relation to bills not approved by the Governor, shall apply in cases in which he shall withhold his approval from any item or items contained in a bill appropriating money.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Governor to approve or veto bills within ten days

9. (Proposal to add the following:) The governor shall sign any bill after passing both houses within ten days, and if he fails to sign any bill after ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, and the governor must sign or veto any bill that has passed both houses within ten days after being presented to him for his approval or veto, and he cannot return to the legislature while in session any bill after its passage by both houses unless he has approved or vetoed such bill, subject to his recommendation for an amendment to the bill. The legis lature shall refuse to accept any bills from the governor that has passed both houses for an extension of time for the governor to approve or veto the same while the legislature is in session, unless the governor desires an amendment to the bill.

1908. A. No. 2134 (Int. 1493).

A. J. 1735.

2. Initiative and referendum

(For proposed amendment to this and other sections providing for the initiative and the referendum, see p. 271.)

3. Initiative, referendum and recall

(For proposed amendment to this and other sections providing for the initiative, the referendum, and the recall of electric officers, see p. 293.)

Article V, § 1

ARTICLE V

§ 1. The Secretary of State, Comptroller, Treasurer, Attorney-General and State Engineer and Surveyor shall be chosen at a general election at the times and places of electing the Governor 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.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Making certain state officers elective

§ 1. The secretary of state, comptroller, treasurer, attorneygeneral [and], state engineer and surveyor, superintendent of banks, superintendent of insurance and a railroad commissioner shall be chosen at a general election, at the times and places of electing the governor 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 *perquisities 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.

1906. A. No. 265 (Int. 265).

A. J. 91.

2. Short ballot

(For proposed amendment to this and other sections providing for the short ballot, see p. 322.)

3. Terms and salaries of members of legislature, governor and lieutenantgovernor- short ballot

(For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenantgovernor and providing for the short ballot, see p. 319.)

*So in original.

Article V, 2

§ 2. The first election of the Secretary of State, Comptroller, Treasurer, Attorney-General and State Engineer and Surveyor, pursuant 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.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short ballot

(For proposed amendment to this and other sections providing for the short ballot, see p. 322.)

2. Terms and salaries of members of legislature, governor and lieutenantgovernor short ballot

(For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenantgovernor and providing for the short ballot, see p. 319.)

§ 3. 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. He shall be required by law to give security for the faithful execution of his office before entering upon the duties thereof. He shall be charged with the execution of all laws relating to the repair and navigation of the canals, and also of those relating to the construction and improvement of the canals, except so far as the execution of the laws relating to such construction or improvement shall be confided to the State Engineer and Surveyor; subject to the control of the Legislature, he shall make the rules and regulations for the navigation or use of the canals. He may be suspended or removed from office by the Governor, whenever, in his judgment, the public interest shall so require; but in case of the removal of such Superintendent of Public Works from office, the Governor shall file with the Secretary of State a statement of the cause of such removal, and shall report such removal and the cause thereof to the Legislature at its next session. The superintendent of Public Works shall appoint not more than three assistant superintendents, whose duties shall be prescribed by him, subject to modification by the Legislature,

Article V, 4

and who shall receive for their services a compensation to be fixed by law. They shall hold their office for three years, subject to suspension or removal by the Superintendent of Public Works, whenever, in his judgment, the public interest shall so require. Any vacancy in the office of any such assistant superintendent shall be filled for the remainder of the term for which he was appointed, by the Superintendent of Public Works; but in case of the suspension or removal of any such assistant superintendent by him, he shall at once report to the Governor, in writing, the cause of such removal. All other persons employed in the care and management of the canals, except collectors of tolls, and those in the department of the State Engineer and Surveyor, shall be appointed by the Superintendent of Public Works, and be subject to suspension or removal by him. The Superintendent of Public Works shall perform all the duties of the former Canal Commissioners, and Board of Canal Commissioners, as now declared by law, until otherwise provided by the Legislature. The Governor, by and with the advice and consent of the Senate, shall have power to fill vacancies in the office of Superintendent of Public Works; if the Senate be not in session, he may grant commissions which shall expire at the end of the next succeeding session of the Senate.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short ballot

(For proposed amendment to this and other sections providing for the short ballot, see p. 322.)

2. Terms and salaries of members of legislature, governor and lieutenantgovernor - short ballot

(For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenantgovernor and providing for the short ballot, see p. 319.)

§ 4. 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 give security in such amount, and with such sureties as shall be required by law for the faithful discharge of his duties; he shall have the superintendence, management and control of state prisons, subject to such laws as now exist or may hereafter be enacted; he shall appoint the agents, wardens, physicians and chaplains of the prisons. The agent and warden of each prison

Article V, § 4

shall appoint all other officers of such prison, except the clerk, subject to the approval of the same by the Superintendent. The Comptroller shall appoint the clerks of the prisons. The Superintendent shall have all the powers and perform all the duties not 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 heard in his defense.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short ballot

(For proposed amendment to this and other sections providing for the short ballot, see p. 322.)

2. Terms and salaries of members of legislature, governor and lieutenantgovernor short ballot

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(For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenantgovernor and providing for the short ballot, see p. 319.)

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

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Short ballot

(For proposed amendment to this and other sections providing for the short ballot, see p. 322.)

2. Terms and salaries of members of legislature, governor and lieutenantgovernor-short ballot

(For proposed amendment to this and other sections changing the terms and salaries of the members of the legislature, governor and lieutenantgovernor and providing for the short ballot, see p. 319.)

§ 6. 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.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE Short ballot

1.

(For proposed amendment to this and other sections providing for the short ballot, see p. 322.)

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