Article V, § 4 40 Superintendent of Public Works shall perform all the duties 41 of the former Canal Commissioners, and Board of Canal Com42 missioners, as now declared by law, until otherwise provided 43 by the Legislature. The Governor, by and with the advice Vacancies 44 and consent of the Senate, shall have power to fill vacancies 45 in the office of Superintendent of Public Works; if the Senate 46 be not in session, he may grant commissions which shall 47 expire at the end of the next succeeding session of the Senate. Source Amendment of 1876, Art. V, § 3;6 amended, Const. 1894, Art. V, § 3. Lincoln's Constitutional History For court decisions relating to the superintendent of public works, see IV:511-512, 516, 649, 666. References to constitutional conventions. 1846. II:137-138. 1867. II:355-357, 401. 1872. II:535. 1894. Debates of constitutional conventions 1867. Superintendent of public works, how chosen, II:1067-1068, III:2038-2041; term, III:2041-2046; single officer, 2046-2057; substitute, V:3633-3634; assistants, V:3636-3638, 3651-3652; security, V:3634-3635; care of canals, III:2038-2057, 2347-2355; removal, V:3635–3636, III:2054–2055. 1894. Election, IV:218-224 (V:2091-2100). Texts of proposed amendments 1 In the constitutional convention of 1894: see Proposed Constitutional tendent of prisons; ment, duties § 4. A Superintendent of State Prisons shall be appointed Superin2 by the Governor, by and with the advice and consent of the state 3 Senate, and hold his office for five years, unless sooner re- appoint4 moved; he shall give security in such amount, and with such powers and 5 sureties as shall be required by law for the faithful discharge 6 of his duties; he shall have the superintendence, management 7 and control of state prisons, subject to such laws as now exist or may hereafter be enacted; he shall appoint the agents, Prison 9 wardens, physicians and chaplains of the prisons. The agent 10 and warden of each prison shall appoint all other officers of 11 such prison, except the clerk, subject to the approval of the 12 same by the Superintendent. The Comptroller shall appoint 8 6 For the text of the amendment of 1876, see Lincoln's Constitutional History, I: 312-313. officers Article V, § 5 Clerks of prisons appointed by comptroller 13 14 15 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 Removal of 17 Superintendent for cause at any time, giving to him a copy 18 of the charges against him, and an opportunity to be heard 19 in his defense. superin tendent 16 Source Amendment of 1876, Art. V, § 4; amended, Const. 1894, Art. V, § 4. See also, Const. 1846, Art. V, § 4. Lincoln's Constitutional History For historical statement on state prisons and state prison inspectors in this state from 1796 to 1846, see II:138–140. References to constitutional conventions and commissions. 1846. II:137. 1867. II:375-378. 1872. II:532-534. 1894. III: 313. Debates of constitutional conventions 1867. III:1771–1777; IV:3182-3200; V:3223-3229, 3231-3234. Texts of proposed amendments. Commis- 1 sioners of land office 2 3 Commis- 4 sioners of In the constitutional convention of 1894: see Proposed Constitutional In the legislature, 1895-1914: see Part II, post, p. 90. § 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 7 consist of the commissioners of the canal fund, the State 8 Engineer and Surveyor, and the Superintendent of Public 9 Works.8 canal fund 5 Canal board 6 Source Const. 1846, Art. V, § 5; amended, Const. 1894, Art. V, § 5. See, generally, I:696-697; II:137, 535; III:393; IV:164, 513. 7 For history of the constitutional amendment of 1876, and matters relating thereto, see Lincoln's Constitutional History, II: 583-584. 8 For references to canal auditor, see Supplemental Notes following Article XV, post, under the title State officers. Article V, § 8 Debates of constitutional conventions 1846. Canal commissioners, 534 (Aug. 6). 1867. Canal commissioners, III:2349-2354; canal fund commissioners, III:2019-2035, 2343-2345. 1894. Land office commissioners, IV:164-174 (V:2067-2072); IV: 181-194 (V:2076-2083); IV:200-205 (V:2087-2090). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional In the legislature, 1895-1914: see Part II, post, p. 90. 1 2 3 § 6. The powers and duties of the respective boards, and Powers and of the several officers in this article mentioned, shall be such boards and as now are or hereafter may be prescribed by law. duties of officers Source Const. 1846, Art. V, § 6.. Lincoln's Constitutional History See II:539. Debates of constitutional conventions 1846. 536-537 (Aug. 6-7). Texts of proposed amendments 1 In the legislature, 1895-1914: see Part II, post, pp. 90-91. of state § 7. The Treasurer may be suspended from office by the suspension 2 Governor, during the recess of the Legislature, and until thirty treasurer 3 days after the commencement of the next session of the Legis4 lature, whenever it shall appear to him that such Treasurer 5 has, in any particular, violated his duty. The Governor shall 6 appoint a competent person to discharge the duties of the 7 office during such suspension of the Treasurer. Source Const. 1846, Art. V, § 7. Debates of constitutional conventions 1846. 509-510 (Aug. 4). 1867. II:1285, 1287. Texts of proposed amendments In the legislature, 1895-1914: see Part II, post, p. 91. measuring commodi 1 § 8. All offices for the weighing, gauging, measuring, cull- Weighing, 2 ing or inspecting any merchandise, produce, manufacture or and in3 commodity whatever, are hereby abolished; and no such office specting 4 shall hereafter be created by law: but nothing in this sectioned 5 contained shall abrogate any office created for the purpose 6 of protecting the public health or the interests of the State 7 in its property, revenue, tolls or purchases, or of supplying Article V, § 9 Civil service to honorably discharged 8 the people with correct standards of weights and measures, 9 10 or shall prevent the creation of any office for such purposes hereafter. Source Const. 1846, Art. V, § 8. See II:383; IV:514–515. Debates of constitutional conventions 1846. 510-517 (Aug. 4-5). 1867. II:1366-1371; IV: 2785-2789. Texts of proposed amendments 1 2 3 4 6 In the legislature, 1895-1914: see Part II, post, p. 91. § 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, Preference 5 so far as practicable, shall be competitive: provided however, that honorably discharged soldiers and sailors from the soldiers and 7 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 re10 gard to their standing on any list from which such appoint11 ment or promotion may be made. Laws shall be made to 12 provide for the enforcement of this section." sailors 8 9 Source Const. 1894, Art. V, § 9. Lincoln's Constitutional History For history of civil service in this state from 1777 to 1894, see III: 313-334. For court decisions construing this section and the civil service of the state in general, see IV:515-523. See also, III:416; IV:177, 223, 226, 250, 292, 511, 512, 740, 759, 780, 789. References to constitutional conventions. 1894. III:328-334. Debates of constitutional conventions 1894. Appointments, IV:834-847 (V:2438-2445); IV:1016-1047 (VI:2545–2562); veterans, IV:1016-1047 (VI:2545–2562). Texts of proposed amendments In the constitutional convention of 1894: see Proposed Constitutional In the legislature, 1895-1914: see Part II, post, pp. 91-101. For the subject of civil service pensions, see Supplemental Notes following Article XV, post, under the title Pensions. 10 This overture was adopted by the convention and accordingly became a part of the Constitution. Article VI, § 1 ARTICLE VI1 1 court; how judicial Section 1. The Supreme Court is continued with general supreme 2 jurisdiction in law and equity, subject to such appellate juris- constituted; 3 diction of the Court of Appeals as now is or may be pre- districts 4 scribed by law not inconsistent with this article. The exist 2 5 ing judicial districts of the State are continued until changed 6 number and as hereinafter provided. The Supreme Court shall consist Justices; 7 of the Justices now in office, and of the Judges transferred election 8 thereto by the fifth section of this article, all of whom shall 9 continue to be Justices of the Supreme Court during their 10 respective terms, and of twelve additional Justices who shall 11 reside in, and be chosen by the electors of, the several existing 12 judicial districts, three in the first district, three in the second, 13 and one in each of the other districts; and of their successors. 14 The successors of said Justices shall be chosen by the electors 15 of their respective judicial districts. The Legislature may Alteration 16 alter the judicial districts once after every enumeration under of judicial 17 the Constitution, of the inhabitants of the State, and there- reapportion18 upon reapportion the Justices to be thereafter elected in the Justices districts so altered. 19 20 districts; ment of justices The legislature may from time to time increase the num- Increase in 21 ber of justices in any judicial district except that the number number of 22 of justices in the first and second district or in any of the 23 districts into which the second district may be divided, shall 24 not be increased to exceed one justice for each eighty thou25 sand, or fraction over forty thousand of the population 26 thereof, as shown by the last state, or federal census or enu27 meration, and except that the number of justices in any other 28 district shall not be increased to exceed one justice for each 29 sixty thousand or fraction over thirty-five thousand of the 1 For references to certain subjects coming within the general scope of Article VI but not relating specifically to any particular section thereof, see Supplemental Notes following Article XV, post, under the following titles: Courts (for court of claims, conciliation tribunals, transfer of causes, custody of money paid into court, and power of courts to declare laws unconstitutional); Judgments (for execution of judgments); Judges (for qualifications of judges); Procedure (for uniform procedure and appeals to supreme court on questions of procedure); Criminal law (for suspended sentence); Judicial system. 2 For references to the former court of chancery, see Supplemental Notes following Article XV, post, under the title Courts. |