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rence Lowell, president of Harvard University, appeared at a joint meeting of these two committees.

The discussion of state financial methods by gentlemen so well fitted by practical experience and study is undoubtedly a significant event in the annals of American constitution-making; and although the hearings are printed in the stenographic records of the convention, they deserve a far wider audience than can be reached through that medium. For that reason it has been thought desirable to bring the addresses together in this series in the form in which they were delivered before the convention committees.

In the preparation of this collection of documents, some parts bearing upon incidental questions asked by members of the committees have been omitted and some slight emendations have been made in the text where the stenographers' notes are obviously rough and unfinished. The main body of each argument is presented, however, in the exact language of the speaker. The only exception to this rule is the address of Hon. John G. Saxe, which has been materially condensed by the author. In each case those remarks which pertain solely to administrative organization are omitted as not bearing immediately upon the question of the budget.

Columbia University, July 23, 1915.

CHARLES A. BEARD.

BIBLIOGRAPHICAL NOTE

For a general treatment of the subject consult René Stourm, Le Buget (now in process of translation by the Bureau of Municipal Research). English methods are fully described in Lowell, The Government of England, chap. xiv. For financial methods in American states, consult E. E. Agger, The Budget in the American Commonwealth (Columbia University Studies); S. G. Lowrie, The Budget (1912), Wisconsin State Board of Public Affairs. F. A. Cleveland, Constitutional Provisions for a Budget, Proceedings of the New York Academy of Political Science, for October, 1914, pp. 141-188. C. D. Norton, ibid., pp. 189-192.

CHAPTER I

PROPOSED CONSTITUTIONAL AMENDMENT TO

PROVIDE A SCIENTIFIC BUDGET SYSTEM

FOR THE STATE1

[The following bill, entitled "Proposed Constitutional Amendment to Amend Sections Twenty-one and Twenty-two of article Three, and section Four of the Constitution so as to Provide a Scientific Budget System for the State" (No. 470), was introduced in the New York state constitutional convention by Hon. J. G. Saxe, on June 8, 1915, read twice, and referred to the committee on state finances, revenues and expenditures.]

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The Delegates of the People of the State of New York, in Convention assembled, do propose as follows:

* Section 1. Section twenty-two of article three of the constitu2 tion is hereby amended to read as follows:

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[Appropriation bills] Appropriations. § 21. No money 4 shall ever be paid out of the treasury of this state, or 5 any of its funds, or any of the funds under its management, 6 except in pursuance of an appropriation by law; nor unless such 7 payment be made within two years next after the passage of such 8 appropriation act unless otherwise specified; and every such law 9 making a new appropriation or continuing or reviving an appro10 priation, shall distinctly specify the sum appropriated, and the

II object to which it is to be applied; and it shall not be sufficient

* New matter in italics; old matter to be omitted in brackets.

1 The pages in this chapter follow the paging in the printed bill, page 251 being equivalent to page 1, etc., in references following.

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for such law to refer to any other law to fix such sum. No pro

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vision or enactment shall be embraced in the annual appropriation

or supply bill, unless it relates specifically to some particular 4 appropriation in the bill; and any such provision or enactment 5 shall be limited in its operation to such appropriation.

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The regular administration appropriation bills, with estimates

7 for annual expenditures for departments, bureaus, offices and

8 commissions under the jurisdiction of the governor shall be sub

9 mitted to the legislature by the governor during the first week 10 of the regular session.

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Proposals for appropriations for legislative, judicial and other 12 expenditures not included in the administration appropriation 13 bills shall be separately submitted as members' bills.

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Upon receiving the administration appropriation bills with es15 timates of annual expenditures, the legislature shall resolve itself 16 into a committee of the whole house not less frequently than one 17 day each week, at which time the governor and the executive heads 18 of the departments under him may have the privilege of the floor 19 to explain the estimates and items of appropriations requested,

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and to answer such questions as may be raised with respect to 21 proposed items and proposed conditions to be attached to appro22 priations, which sessions or meetings of the legislature shall be

23 public. When so sitting, votes shall be taken in the committee

24 of the whole house on the amount requested for each department,

25 bureau, office or commission separately; but no amendment to an

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administration appropriation bill or item may be offered by any

member of either house except to reduce the amount thereof.

§ 2. Section twenty-two of article three of the constitution is 4 hereby amended to read as follows:

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[Restrictions as to provisions in the appropriation or supply 6 bills] The annual budget. § 22. [No provision or enactment 7 shall be embraced in the annual appropriation or supply bill, 8 unless it relates specifically to some particular appropriation in

9 the bill; and any such provision or enactment shall be limited in its operation to such appropriation.]

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Upon receiving from the governor the annual budget with any amendments which the governor may propose, and with amend

13 ments which may be proposed to members' appropriation bill, the 14 assembly shall resolve itself into a committee of the whole house 15 for the purpose of considering revenue and borrowing proposals, 16 and shall take such further time in discussion of items and con17 ditions attached to appropriations as may be determined.

18 When administration bills for the appropriating or raising of 19 money shall be reported from the committee of the whole house, 20 they shall take precedence over all other measures and no new sub

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ject or item shall be appropriated for except by separate bill, which may be independently vetoed by the governor.

In case the legislature is unable to agree on an administration 24 appropriation bill submitted by the governor, or as amended by

25 him, before the beginning of the next fiscal year, the several es

26 tablished departments, bureaus, offices and commissions under

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the jurisdiction of the governor shall be authorized by executive

2 order to expend public moneys at the same rate, in the same 3 amount, and under the same conditions as were authorized for the 4 concluding fiscal year.

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All appropriations for the legislature and for offices not under 6 the jurisdiction of the governor shall originate in separate mem7 bers' bills, and when passed shall be separately submitted to the 8 governor.

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§ 3. Section four of article four of the constitution is hereby amended to read as follows:

Duties and powers of the governor; compensation. § 4.

The governor shall be commander-in-chief of the military and 13 naval forces of the state. He shall have power to convene the 14 legislature, or the senate only, on extraordinary occasions. At 15 extraordinary sessions no subject shall be acted upon, except such 16 as the governor may recommend for consideration. [He shall 17 communicate by message to the legislature at every session the 18 condition of the state, and recommend such matters to it as he 19 shall judge expedient.) He shall transact all necessary business

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with the officers of government, civil and military. He shall ex21 pedite all such measures as may be resolved upon by the legislature, and shall take care that the laws are faithfully executed. 23 He shall receive for his services an annual salary of ten thousand 24 dollars, and there shall be provided for his use a suitable and 25 furnished executive residence.

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