ARTICLE V-Continued.

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. Under this section the Superintendent of Public Works has the exclusive power to determine as to the propriety of the appointments of his subordinates, and the sufficiency of their qualifications. People ex rel. Killeen v. Angle, 109 N. Y. 564.

of

Power of appointment of subordinates is limited by civil service rules. People ex rel. McClelland v. Roberts, 13 Misc. 448. Superintendent of State Prisons, appointment; powers and duties of.-§ 4. A Superintendent 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 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

ARTICLE V-Continued.

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.

See Court of Appea's decision affecting art. 5, sec. 4: 176 N. Y. 351.

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

See Court of Appea's decision affecting art. 5, sec. 5: 130 N. Y. 88. 93.

Powers and duties of boards. § 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.

The provision of this section does not apply to officers created by the amendment in 1873 to art. 5, § 3. People ex rel. Killeen v. Angle, 109 N. Y. 564.

As to power of land board see People ex rel. Burnham v. Jones. 112 N. Y. 602.

State Treasurer; suspension by Governor.-§ 7. 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

ARTICLE V-Continued.

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.

Certain offices abolished.—§ 8. 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 interest of the State in its

property, reve

nue, 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.

The act reorganizing the warden's office of the port of New York is not unconstitutional. Tinkham V. Tapscott, 17 N. Y.

141.

Civil service appointments and promotions.—§ 9. 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 list from which such appointment or promotion may

any

ARTICLE V-Continued.

be made. Laws shall be made to provide for the enforcement of this section.

Power of Superintendent of Public Works to appoint subordinates is limited so as to place the department under the operation of civil service law. People ex rel. McClelland v. hoberts, 91 Hun. 104. Act providing for appointment of veteran to certain positions without competition is invalid. Matter of Keymer, 148 N. Y. 219. Machinery for conducting examinations is dependent upon existence of statutory provisions in relation thereto. Chittenden v. Wurster, 152 N. Y. 345.

Civil service laws of 1883 and 1895 provide necessary machinery. Chittenden v. Wurster, 152 N. Y. 345. See also. Sweet v. Lyman, 157 id. 368.

Civil service law does not apply to office of superintendent of almshouse of New York city. People ex rel. Terry v. Keller, 35 App. Div. 493.

Rule allowing doubling of merit percentage to ascertain percentage for merit and fitness is invalid. People ex rel. Drake v. Common Council, 26 Misc. 522.

Veteran rated highest on eligible list is alone entitled to be reported as eligible. People ex rel. Drake v. Common Council, 26 Misc. 522.

Law requiring appointment of person graded highest is uncon stitutional. People ex rel. Balcom v. Mosher, 163 N. Y. 32. Law providing that veteran shall not be removed except for incompetency or misconduct, after hearing, is valid. Stutzbach v. Coler, 168 N. Y. 416.

See also Court of Appeals decisions affecting art. 5, sec. 9: 174 N. Y. 87; 190 id. 158; 193 id. 564.

ARTICLE VI.

Supreme Court; how constituted; judicial districts. Section 1. The Supreme Court is continued with general jurisdiction in law and equity subject to such appellate jurisdiction of the Court of Appeals as now is or may be prescribed by law not incon sistent with this article. The existing judicial di tricts of the State are continued until changed as hereinafter provided. The Supreme Court shall con sist of the justices now in office, and of the Judges transferred thereto by the fifth section of this article, all of whom shall continue to be Justices of the Su

* As amended November 7, 1905.

ARTICLE VI-Continued.

preme Court during their respective terms, and of twelve additional Justices who shall reside in and be chosen by the electors of the several existing judicial districts, three in the first district, three in the second, and one in each of the other districts; and of their successors. The successors of said justices shall be chosen by the electors of their respective judicial districts. The Legislature may alter the judicial districts once after every enumeration under the Constitution, of the inhabitants of the State, and there"pon reapportion the Justices to be thereafter elected in the districts sc altered.

The Legislature may from time to time increase the number of justices in any judicial district except that the number of justices in the first and second district or in any of the districts into which the second district may be divided, shall not be increased to exceed one justice for each eighty thousand, or fraction over forty thousand of the population thereof, as shown by the last State, or Federal census or enumeration, and except that the number of justices in any other district shall not be increased to exceed one justice for each sixty thousand or fraction over thirty-five thousand of the population thereof as shown by the last State or Federal census or enumeration. The Legislature may erect out of the Second Judicial District as now constituted, another judicial district and apportion the justices in office between the districts, and provide for the election of additional justices in the new district not exceeding the limit herein provided.

Supreme Court has jurisdiction over lunatics' estate.

Jarvis, 51 Hun. 248.

Butler v.

Act prohibiting appointment of clerk of court as referee is invalid. Stanford v. Crotty, 37 State Rep. 672.

N. Y. 270; 58 id. 489; 60 id, 204; 75 id. 528; 79 id. 582; 139 id. See also Court of Appeals decisions affecting art. 6, sec. 1: 17

337; 171 id, 277.