Article VII, § 4 41 of interest debt created, no further direct tax shall be levied on account of 42 said sinking fund, and the legislature shall reduce the tax 43 to an amount equal to the accruing interest on such debt. 44 The legislature may from time to time alter the rate of Alteration 45 interest to be paid upon any state debt, which has been or upon State 46 may be authorized pursuant to the provisions of this section, 47 or upon any part of such debt, provided, however, that the 48 rate of interest shall not be altered upon any part of such 49 debt or upon any bond or other evidence thereof, which has 50 been, or shall be created or issued before such alteration. 51 In the case the legislature increase the rate of interest upon Additional 52 any such debt, or part thereof, it shall impose and provide increased 53 for the collection of a direct annual tax to pay and sufficient principal 54 to pay the increased or altered interest on such debt as it 55 falls due and also to pay and discharge the principal of such 56 debt within fifty years from the time of the contracting 57 thereof, and shall appropriate annually to the sinking fund 58 moneys in amount sufficient to pay such interest and pay 59 and discharge the principal of such debt when it shall become 60 due and payable. Source Const. 1846, Art. VII, § 12; continued without change in Const. 1894, Lincoln's Constitutional History For history of the conditions which led to the inclusion in the Constitution of this section, see IV:637-639, and also the notes to Art. VII, § 2. For a detailed explanation of this section, and of the statutes which were submitted to the people from 1853 to 1903 pursuant to it, together with court decisions construing these statutes and the section in general, see IV :637-657. References to constitutional conventions. 1846. II:174-179. Debates of constitutional conventions 1846. 943-950 (Sept. 22-23). 1867. III:1799-1804, 1852-1862, 1865–1881, 2244–2248; V:37523756. Texts of proposed amendments In the convention of 1894: see Proposed Constitutional Amendments, 4 For legislative history of the constitutional amendments of 1905 and 1909, and the action of the people thereon, see Part II, post, pp. 163–165. tax to pay interest and Article VII, § 5 Sinking funds Use re stricted Claims barred by lapse of time 3 1 § 5. The sinking funds provided for the payment of interest 2 and the extinguishment of the principal of the debts of the State shall be separately kept and safely invested, and neither of them shall be appropriated or used in any manner other than for the specific purpose for which it shall have been 6 provided." 4 5 Source Amendment of 1874, Art. VII, § 13; continued without change in Lincoln's Constitutional History For the origin of this section in the constitutional commission of 1872, see III:549. Texts of proposed amendments 1 2 3 In the convention of 1894: see Proposed Constitutional Amendments, § 6. Neither the Legislature, canal board, nor any person or persons acting in behalf of the State, shall audit, allow, or pay any claim which, as between citizens of the State, 4 would be barred by lapse of time. This provision shall not be 5 construed to repeal any statute fixing the time within which 6 claims shall be presented or allowed, nor shall it extend to 7 any claims duly presented within the time allowed by law, 8 and prosecuted with due diligence from the time of such 9 presentment. But if the claimant shall be under legal dis10 ability, the claim may be presented within two years after 11 such disability is removed." Source Amendment of 1874,7 Art. VII, § 14; amended Const. 1894, Art. VII, § 6. Lincoln's Constitutional History For court decisions construing this section, see IV:658-663. For brief comment on the legislative investigation into the subject of claims against the state made in 1897 and 1898 (Senate Documents, 1898, Nos. 31 and 33), see IV :663. 5 For canal sinking funds, see Supplemental Notes following Art. XV, post, under the title Canals. For references to the court of claims and claims for damages caused by canals, see Supplemental Notes following Art. XV, post, under the titles Courts and Canals, respectively. For text of the constitutional amendment of 1874, see Lincoln's Constitutional History, I: 306-307. Article VII, § 7 References to constitutional conventions and commissions. 1872. II:550. Texts of proposed amendments 1 In the convention of 1894: see Proposed Constitutional Amendments, preserve § 7. The lands of the state, now owned or hereafter Forest 2 acquired constituting the forest preserve as now fixed by 3 law, shall be forever kept as wild forest lands. They shall 4 not be leased, sold or exchanged, or be taken by any cor5 poration, public or private, nor shall the timber thereon be 6 sold, removed or destroyed. But the legislature may by Use of 7 general laws provide for the use of not exceeding three per for resercentum of such lands for the construction and maintenance 8 forest lands voirs 9 of reservoirs for municipal water supply, for the canals of 10 the state and to regulate the flow of streams. Such reser11 voirs shall be constructed, owned and controlled by the state, 12 but such work shall not be undertaken until after the bound13 aries and high flow lines thereof shall have been accurately 14 surveyed and fixed, and after public notice, hearing and 15 determination that such lands are required for such public 16 use. The expense of any such improvements shall be appor17 tioned on the public and private property and municipalities 18 benefited to the extent of the benefits received. Any such 19 reservoir shall always be operated by the state and the 20 legislature shall provide for a charge upon the property 21 and municipalities benefited for a reasonable return to the 22 state upon the value of the rights and property of the state 23 used and the services of the state rendered, which shall be 24 fixed for terms of not exceeding ten years and be readjustable 25 at the end of any term. Unsanitary conditions shall not be 26 created or continued by any such public works. A violation How viota27 of any of the provisions of this section may be restrained strained 28 at the suit of the people or, with the consent of the supreme 29 court in appellate division, on notice to the attorney30 general at the suit of any citizen. Source Const. 1894, Art. VII, § 7; amended in 1913.8 8 For the legislative history of the constitutional amendment of 1913, and the action of the people thereon, see Part II, post, pp. 170-171. tions re Article VII, § 8 Certain canals not to be sold; exception Lincoln's Constitutional History For court decisions construing this section, see IV :664. For historical sketch of the initiation and development of the policy of forest preservation in this state down to about 1903, see III: 391-454. References to constitutional conventions. 1894. III:429-433. Debates of constitutional conventions 1894. II:1201 (III:1279-1280); IV:124-163 (V:2045-2067); IV: 705-709 (V:2360-2362). Texts of proposed amendments 1 2 3 6 In the convention of 1894: see Proposed Constitutional Amendments, In the legislature, 1895-1914: see Part II, post, pp. 170-180. § 8. The Legislature shall not sell, lease or otherwise dispose of the Erie canal, the Oswego canal, the Champlain canal, the Cayuga and Seneca canal, or the Black river 4 canal; but they shall remain the property of the state and 5 under its management forever. The prohibition of lease, sale or other disposition herein contained, shall not apply to the 7 canal known as the Main and Hamburg street canal, situated 8 in the city of Buffalo, and which extends easterly from the 9 westerly line of Main street to the westerly line of Hamburg Application 10 street. All funds that may be derived from any lease, sale or other disposition of any canal shall be applied to the improvement, superintendence or repair of the remaining portion of the canals. of funds derived from sale 11 or lease of 12 canals 13 Source Const. 1846, Art. VII, § 6; amended in 1874,10 Art. VII, § 6; amended in 1882;10 amended, Const. 1894, Art. VII, § 8. Lincoln's Constitutional History For court decisions construing this section, see IV :665–667. 9 This overture was adopted by the convention and accordingly became a part of the Constitution. 10 For the texts of the constitutional amendments of 1874 and 1882, see Lincoln's Constitutional History, I: 306, 322-323. Article VII, § 9 References to constitutional conventions and commissions. 1821. I:715. 1846. II:168, 172; II:650. 1872. II:541-549; Debates of constitutional conventions 1846. 877-879 (Sept. 15-16), 960-961 (Sept. 24), 1049-1050 (Oct. 3). 1894. IV:317-318 (V:2143-2144); IV :924-942 (V:2489-2500). Texts of proposed amendments 1 In the convention of 1894: see Proposed Constitutional Amendments, In the legislature, 1895-1914, see Part II, post, pp. 181-189. prohibited Legislature for superin tendence § 9. No tolls shall hereafter be imposed on persons or Canal tolls 2 property transported on the canals, but all boats navigating 3 the canals and the owners and masters thereof, shall be 4 subject to such laws and regulations as have been or may 5 hereafter be enacted concerning the navigation of the canals. 6 The Legislature shall annually, by equitable taxes, make 7 provision for the expenses of the superintendence and repairs to provide 8 of the canals. All contracts for work or materials on any and repair canal shall be made with the persons who shall offer to do or 10 provide the same at the lowest price, with adequate security contracts 11 for their performance. No extra compensation shall be made or material: 12 to any contractor; but if, from any unforseen cause, the of conterms of any contract shall prove to be unjust and oppressive, 14 the canal board may, upon the application of the contractor, cancel such contract. 9 13 15 Source Const. 1846, Art. VII, § 3; amended in 1854,12 in 1874,12 and in 1882;12 amended, Const. 1894, Art. VII, § 9. Lincoln's Constitutional History For court decisions construing this section, see IV:667-668. For detailed history of the development of the canal policy in this state see the notes to Art. VII, § 8. *So in original. 11 This overture was adopted by the convention and accordingly became a part of the Constitution. 12 For the texts of the constitutional amendments of 1854, 1874, and 1882, see Lincoln's Constitutional History, I: 319-321, 305-306, and 321-322, respectively. of canals for work cancellation tracts |