The Legislature shall pass general laws providing for the cases enumerated in this section, and for all other cases which in its judgment may be provided for by general laws. But no law shall authorize the construction or operation of a street railroad except upon the condition that the consent of the owners of onehalf in value of the property bounded on, and the consent also of the local authorities having control of that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained, or in case the consent of such property owners cannot be obtained, the Appellate Division of the Supreme Court, in the department in which it is proposed to be constructed, may, upon application, appoint three commissioners who shall determine, after a hearing of all parties interested, whether such railroad ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners. (Art. III., Sec. 18.)

Congress and the Legislature. From the foregoing examination the following points of similarity are observed between the Legislature of New York and Congress: Each is composed of two houses, one (the Senate), is small and consists of representatives elected for long terms from relatively large districts; the other (the House of Representatives and the Assembly), is large and composed of representatives elected by popular vote for short terms from small districts. In each the concurrent action of both houses is necessary to produce legislation; in general, the method of legislation is the same; and over the work of each the executive branch possesses the veto power. The most noticeable difference between the Legislature and Congress is that Congress can exercise only those powers granted to it by the Constitution, while the Legislature can exercise any power not expressly prohibited by the Federal and State Constitutions.

CHAPTER III.

THE EXECUTIVE BRANCH.

1. THE GOVERNOR AND LIEUTENANT-GOVERNOR.

Likeness to President.-As in the National Government, the executive power of the State is vested in a single officer, called a Governor, who is elected in even numbered years for a term of two years. (Art. IV., Sec. 1.) Associated with him, in much the same relation as the Vice-President sustains to the President, is a Lieutenant-Governor, elected for the same term.

Qualifications and Election. Next to the President of the United States, the Governor of the State of New York, with its vast population and numerous interests, occupies the most responsible executive office in the gift of the people; and to secure a person of sufficient experience and judgment, the Constitution provides that:

No person shall be eligible to the office of Governor or Lieutenant-Governor, except a citizen of the United States, of the age of not less than thirty years, and who shall have been five years next preceeding his election a resident of this State.

The Governor and Lieutenant-Governor shall be elected at the times and places of choosing members of the Assembly. The persons respectively having the highest number of votes for Governor and Lieutenant-Governor shall be elected; but in case two or more shall have an equal and the highest number of votes for Governor, or for Lieutenant-Governor, the two houses of the Legislature at its next annual session shall forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for Governor or Lieutenant-Governor. (Art. IV., Sections 2 and 3.)

Oath of Office.-The Governor and Lieutenant-Governor assume office on the first day of January following their election, but before exercising their power they must, like all other state officers, take the following oath or affirmation:

I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of New York,. and that I will faithfully discharge the duties of the office of according to the best of my ability.

And I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered or promised to contribute any money, or other valuable thing as a consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, and have not made any promise to influence the giving or withholding any such vote. (Art. XIII., Sec. 1.)

Salary. The Governor receives as compensation an annual salary of $10,000, besides a "suitable and furnished executive residence" at Albany. The LieutenantGovernor receives a salary of $5,000 per year.

Powers. By virtue of his office, the Governor is "Commander-in-Chief of the Military and Naval Forces of the State." He is empowered "to convene the Legislature or the Senate only on extraordinary occasions," when, however, "no subject shall be acted upon except such" as he shall recommend. He may, subject to legal regulations, grant pardons, reprieves and commutations, except in cases of treason and impeachment, and may suspend execution of sentence for treason,

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 may appoint, by and with the advice of the Senate, certain state officers, and fill vacancies in such offices during the recess of the Senate. He may also, for cause, suspend certain state officers, and remove others, as well as county officers, after a hearing upon charges prepared against them.

Duties. On the other hand, he is required to "communicate by message to the Legislature at every session the condition of the State," together with recommendations as to legislative action. He must "take care that the laws are faithfully executed," and to that end may call out the militia of the State. He must report to the Legislature

each case of reprive, 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.

Besides these powers and duties the Legislature is constantly adding others, in order to give effect to legislative acts.

Succession to Governorship.-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 Lieutenant-Governor 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. (Art. IV., Sec. 6.)

The Lieutenant-Governor is in turn succeeded in the office of Governor by the President of the Senate and the Speaker of the Assembly.

Duties of Lieutenant-Governor.—The Lieutenant-Governor, besides being the possible successor to the office of Governor, is President of the Senate, but with a vote only in case of a tie. He is also a member of the Court for Trial of Impeachment, except upon the trial of the Governor.

2. ADMINISTRATIVE OFFICERS.

Federal and State. We have seen (see Book I., page 134) that the President in the execution of his powers and duties is assisted by various so-called Executive Departments, the heads of which, forming his cabinet, receive their office by his appointment subject to the consent of the Senate. So, also, in the state government, the Governor acts and is assisted by numerous officers, some of whom are elected by the people, others appointed by the Governor with the consent of the Senate, and still others chosen by joint ballot of the Senate and Assembly. These officers do not, however, form a cabinet, and are each responsible for the conduct of their official duties.

1. OFFICERS ELECTED BY THE PEOPLE.

The officers elected by the people of the State are chosen at the same time as the Governor for terms of two years each, and are:

Secretary of State. He is the keeper of the great seal of the State and the custodian of the state records. He superintends the publication of the laws, directs the taking of the state census, issues land grants, commissions, and certificates of incorporation to and receives reports from corporations. He is required to make an