Art. IV, §§ 8, 9 Governor and Lieutenant-Governor Senate, but shall have only a casting vote therein. If during a vacancy of the office of Governor, the Lieutenant-Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the State, the President of the Senate shall act as Governor until the vacancy be filled or the disability shall cease; and if the President of the Senate for any of the above causes shall become incapable of performing the duties pertaining to the office of Governor, the Speaker of the Assembly shall act as Governor until the vacancy be filled or the disability shall cease. Const. 1877, Art. XX; amended, Const. 1821, Art. III, § 7; amended, Const. 1846, Art. IV, § 7; amended, Const. 1894, Art. IV, § 7. § 8. Salary of lieutenant-governor. The Lieutenant-Governor shall receive for his services an annual salary of five thousand dollars, and shall not receive or be entitled to any other compensation, fee or perquisite, for any duty or service he may be required to perform by the Constitution or by law. Const. 1846, Art. IV, § 8; amended in 1874. § 9. Governor's power over legislation. Passage of bills over veto. Ten day bills. Thirty day bills. Appropriation bills; governor may object to one or more items. Every bill which shall have passed the Senate and Assembly shall, before it becomes a law, be presented to the Governor; if he approve, he shall sign it; but if not, he shall return it with his objections to the house in which it shall have originated, which shall enter the objections at large on the journal, and proceed to reconsider it. If after such reconsideration, two-thirds of the members elected to that house shall agree to pass the bill, it shall be sent together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of the members elected to that house, it shall become a law notwithstanding the objections of the Governor. In all such cases the votes in both houses shall be determined by yeas and nays, and the Governor and Lieutenant Governor Art. IV, §§ 8, 9 names of the members voting shall be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within 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, unless the Legislature shall, by their adjournment, prevent its return, in which case it shall not become a law without the approval of the Governor. No bill shall become a law after the final adjournment of the Legislature, unless approved by the Governor within thirty days after such adjournment. If any bill presented to the Governor contain several items of appropriation of money, he may object to one or more of such items while approving of the other 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. Const. 1821, Art. I, § 12; amended, Const. 1846, Art. IV, § 9; amended in 1874. See also Const. 1777, Art. III. Kind of adjournment contemplated. The provision of this section that "if any bill shall not be returned by the governor within 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, unless the legislature shall, by their adjournment, prevent its return," refers to the final adjournment at the close of the session, and not the ordinary recess taken from time to time during the continuance of the session. Hequembourg v. Dunkirk, (1888) 49 Hun 550, 2 N. Y. S. 447. Nature of governor's right of approval or objection.-"Whatever the authority, touching the enactment of laws, with which the governor is clothed, shall be called, it is of the same general nature with that which is exercised by the members of the two houses. He is to consider as to the constitutionality, justice and public expediency of such legislative measures as shall have been agreed upon by the two houses, by the ordinary majorities, and be presented to him; and he is to accord or withhold his approbation, according to the result of his deliberation. This is plainly the function of a legislator. The sovereign of England, who is charged with the same duty in respect to acts of Parliament, is considered to be a constituent part of the supreme legislative power. (1 Bl. Com. 261.) It is true, that his determination to disapprove a bill deprives it of any effect; while one disallowed by the governor may yet be established by an extraordinary concurrence of Art. V, § 1 Secretary of State, Etc. votes in the houses. Thus, though the action of the executive is less potential here than in England, the quality of the act, namely, deliberating and determining upon the propriety of laws proposed to be enacted, is pre cisely the same." People v. Bowen, (1860) 21 N. Y. 517, affirming 30 Barb. 24. 66 Approval after adjournment.—The governor has power to approve a bill after the adjournment of the legislature. People v. Bowen, (1860) 21 N. Y. 517, affirming 30 Barb. 24. In that case, with reference to the above constitutional provision, the court said: Specific directions are given for the purpose of bringing about a reconsideration, by the senate and assembly, of bills to which the governor shall have objected; and a new scrutiny is required to be had, under which such bills are to become laws, notwithstanding the governor's objections, provided two-thirds of all the members present in each house shall so determine. The case was then to be provided for, where the governor should neglect or refuse to act upon a bill; such neglect is not to be permitted to thwart the will of the legislature; and the remainder of the section is occupied with a provision to meet that case; it is as follows: 'If any bill shall not be returned by the governor, in 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, unless the legislature, by their adjournment, prevent its return, in which case it shall not be a law.' (Art. IV, § 9.) It is plain, that this relates exclusively to bills which the governor has neglected to approve and sign. It is such bills, and not those which he has approved and signed, which are not to become laws on account of a premature adjournment of the legislature. The provision does not qualify the mandate contained in the earlier part of the section, by which it is enjoined upon the governor, that, if he approves of a bill, he shall sign it. I am, therefore, of opinion, that there is nothing in the language of the constitution forbidding the approving and signing of a bill by the governor, after the session of the legislature shall have terminated by an adjournment." ARTICLE V. 81. Election and terms of certain state officers. Compensation. State engineer and surveyor to be practical civil engineer. 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. Const. 1821, Art. IV, § 6; amended, Const. 1846, Art. V, §§ 1 and 2; amended, Const. 1894, Art. V, § 1. See also Const. 1777, Art. XXIII; amendments of 1801, Art. Department of Public Works Art. V, §§ 2, 2 § 2. First election and terms of certain state officers. Successors. 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. Const. 1894, Art. V, § 2. § 3. Superintendent of public works; appointment, compensation, powers and duties. Suspension or removal. 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 Art. V, § 3 Department of Public Works shall appoint not more than three assistant superintendents, whose duties shall be prescribed by him, subject to modification by the Legislature, 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. Amendment of 1876, Art. V, § 3; amended, Const. 1894, Art. V, § 3. Purpose of section.-"Prior to the adoption of this amendment to the Constitution in 1876, in regard to the superintendent of public works, the power therein conferred upon him was shared and the responsibility divided between various boards and offices. Great abuses had arisen, it was believed, because of this division of power and responsibility; and the object of this amendment was to concentrate this power in and fix the responsibility upon the single head of a department, to be known as the superintendent of public works." People v. Angle, (1888) 47 Hun 183, 14 N. Y. St. Rep. 199, affirmed, 109 N. Y. 564, 17 N. E. 413. See notes under CANAL LAW. Article 5, section 6, providing that "the powers and duties of the several boards and of the several officers in this article mentioned, shall be such as now are or may be hereafter prescribed by law,” has no application to the officers created by this section. Any other construction would render superfluous those parts of this section giving the legislature the power to modify the duties imposed by the superintendent on his assistant superintendents and to alter the rules made by him for the use and management of the canals. People v. Angle, (1888) 109 N. Y. 564, 17 N. E. 413, affirming 47 Hun, 183, 14 N. Y. St. Rep. 199. Applicability of civil service laws to appointment by superintendent of public works. Prior to 1894 the rule obtained that the civil service laws of the state did not and could not apply to appointments in the department of public works. The power to make such appointments being vested exclusively in the head of that department by this section, any limitation thereof |